House Study Bill 766



                                     HOUSE FILE       
                                     BY  (PROPOSED COMMITTEE ON
                                          WAYS AND MEANS BILL BY
                                          CHAIRPERSON VAN FOSSEN)


    Passed House, Date                Passed Senate,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to property taxation and local budgets by
  2    imposing requirements on those cities, counties, townships,
  3    and other property tax certifying boards that seek to increase
  4    the amount of property taxes certified for levy, requiring
  5    funding of real property=related services, changing the number
  6    of signatures necessary to protest an adopted county budget,
  7    requiring a transition for the imposition of city taxes
  8    against annexed property, abolishing county compensation
  9    boards, tying together the assessment limitations of certain
 10    classes of property, and including effective and retroactive
 11    and other applicability date provisions.
 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 13 TLSB 6480HC 81
 14 sc/gg/14

PAG LIN



  1  1                           DIVISION I
  1  2                          LOCAL BUDGETS
  1  3    Section 1.  Section 24.9, Code 2005, is amended to read as
  1  4 follows:
  1  5    24.9  FILING ESTIMATES == NOTICE OF HEARING == RESOLUTION
  1  6 TO INCREASE TAXES == AMENDMENTS.
  1  7    1.  Each municipality shall file with the secretary or
  1  8 clerk thereof the estimates required to be made in sections
  1  9 24.3 to 24.8, at least twenty days before the date fixed by
  1 10 law for certifying the same to the levying board and shall
  1 11 forthwith fix a date for a hearing thereon, and shall publish
  1 12 such estimates and any annual levies previously authorized as
  1 13 provided in section 76.2, with a notice of the time when and
  1 14 the place where such hearing shall be held not less than ten
  1 15 nor more than twenty days before the hearing.  Provided that
  1 16 in municipalities of less than two hundred population such
  1 17 estimates and the notice of hearing thereon shall be posted in
  1 18 three public places in the district in lieu of publication.
  1 19 For any other municipality such publication shall be in a
  1 20 newspaper published therein, if any; if not, then in a
  1 21 newspaper of general circulation therein.  The department of
  1 22 management shall prescribe the form for public hearing notices
  1 23 for use by municipalities.
  1 24    For any other municipality such publication shall be in a
  1 25 newspaper published therein, if any, if not, then in a
  1 26 newspaper of general circulation therein.
  1 27  The department of management shall prescribe the form for
  1 28 public hearing notices for use by municipalities.
  1 29    2.  Effective for the fiscal year beginning July 1, 2007,
  1 30 and all subsequent fiscal years, the maximum amount of
  1 31 property tax dollars that may be certified by the certifying
  1 32 board of a municipality shall not exceed the amount certified
  1 33 in the previous fiscal year, unless the certifying board
  1 34 adopts a resolution pursuant to this subsection.  The
  1 35 resolution shall be filed in the same manner and at the same
  2  1 time as the estimates in subsection 1.  The resolution shall
  2  2 be published along with the estimates and the notice of public
  2  3 hearing required in subsection 1.  After the public hearing,
  2  4 the certifying board may abandon the declaration contained in
  2  5 the resolution or the certifying board may proceed with the
  2  6 declaration contained in the resolution.
  2  7    3.  Budget estimates adopted and certified in accordance
  2  8 with this chapter may be amended and increased as the need
  2  9 arises to permit appropriation and expenditure during the
  2 10 fiscal year covered by the budget of unexpended cash balances
  2 11 on hand at the close of the preceding fiscal year and which
  2 12 cash balances had not been estimated and appropriated for
  2 13 expenditure during the fiscal year of the budget sought to be
  2 14 amended, and also to permit appropriation and expenditure
  2 15 during the fiscal year covered by the budget of amounts of
  2 16 cash anticipated to be available during the year from sources
  2 17 other than taxation and which had not been estimated and
  2 18 appropriated for expenditure during the fiscal year of the
  2 19 budget sought to be amended.  Such amendments to budget
  2 20 estimates may be considered and adopted at any time during the
  2 21 fiscal year covered by the budget sought to be amended, by
  2 22 filing the amendments and upon publishing them and giving
  2 23 notice of the public hearing in the manner required in this
  2 24 section.  Within ten days of the decision or order of the
  2 25 certifying or levying board, the proposed amendment of the
  2 26 budget is subject to protest, hearing on the protest, appeal
  2 27 to the state appeal board and review by that body, all in
  2 28 accordance with sections 24.27 to 24.32, so far as applicable.
  2 29 A local budget shall be amended by May 31 of the current
  2 30 fiscal year to allow time for a protest hearing to be held and
  2 31 a decision rendered before June 30.  An amendment of a budget
  2 32 after May 31 which is properly appealed but without adequate
  2 33 time for hearing and decision before June 30 is void.
  2 34 Amendments to budget estimates accepted or issued under this
  2 35 section are not within section 24.14.
  3  1    Sec. 2.  NEW SECTION.  331.422A  LIMITATION ON TAX DOLLARS
  3  2 CERTIFIED.
  3  3    1.  Effective for the fiscal year beginning July 1, 2007,
  3  4 and all subsequent fiscal years, the maximum amount of
  3  5 property tax dollars that may be certified by the county board
  3  6 of supervisors shall not exceed the amount certified in the
  3  7 previous fiscal year, unless the board adopts a resolution
  3  8 pursuant to subsection 2.
  3  9    2.  Not less than thirty=five days before the certification
  3 10 date of the budget for the following fiscal year, the board
  3 11 may adopt a resolution declaring that for such budget the
  3 12 board intends to increase the amount of taxes from the current
  3 13 fiscal year.  The board shall schedule a hearing on the
  3 14 resolution and publish notice of the hearing in a newspaper of
  3 15 general circulation in the county not less than four nor more
  3 16 than ten days before the hearing.  The notice shall contain a
  3 17 copy of the resolution.  After the public hearing, the board
  3 18 may abandon the declaration contained in the resolution or the
  3 19 board may proceed with the declaration contained in the
  3 20 resolution.
  3 21    Sec. 3.  Section 331.436, Code 2005, is amended to read as
  3 22 follows:
  3 23    331.436  PROTEST.
  3 24    Protests to the adopted budget must be made in accordance
  3 25 with sections 24.27 through 24.32 as if the county were the
  3 26 municipality under those sections except that the number of
  3 27 people necessary to file a protest under this section shall
  3 28 not be less than one hundred.
  3 29    Sec. 4.  NEW SECTION.  331.437A  REAL PROPERTY == RELATED
  3 30 SERVICES == FUNDING.
  3 31    1.  If a county's property tax capacity is reduced or the
  3 32 amount of revenue to be received by a county from sources
  3 33 other than property taxes is reduced, a county is prohibited
  3 34 from reducing funding for real property=related services
  3 35 provided by the county from the level such services were
  4  1 funded in the previous year without first reducing funding for
  4  2 services that are not essential services.
  4  3    2.  If funding for real property=related services is
  4  4 reduced under the circumstances described in subsection 1, the
  4  5 budget summary required to be published by the county pursuant
  4  6 to section 331.434 shall include a listing of the real
  4  7 property=related services, by service area and item, for which
  4  8 funding is reduced from the previous year, the previous year's
  4  9 funding for such service area and item, and the proposed
  4 10 funding for such service area and item.  The listing shall be
  4 11 prefaced by the following statement:
  4 12    "State law requires that when the revenue capacity of a
  4 13 county is reduced, funding for services that are not related
  4 14 to real property shall be reduced before reductions are made
  4 15 in funding of real property=related services.  Following is
  4 16 the list of real property=related services for which funding
  4 17 is reduced in this proposed budget."
  4 18    3.  For purposes of this section, "real property=related
  4 19 services" means a public service having a direct relationship
  4 20 to property ownership, including law enforcement, fire
  4 21 protection service, emergency medical services, street lights,
  4 22 water, sewage and sewage disposal, garbage pickup and garbage
  4 23 disposal, landfills, roads and road maintenance, streets and
  4 24 street maintenance, bridges and bridge maintenance, sidewalks
  4 25 and sidewalk maintenance, snow removal, and local emergency
  4 26 management to the extent such real property=related services
  4 27 are mandated by statute or have been provided at the
  4 28 discretion of the county board of supervisors.
  4 29    Sec. 5.  Section 359.49, Code 2005, is amended by adding
  4 30 the following new subsection:
  4 31    NEW SUBSECTION.  2A.  Effective for the fiscal year
  4 32 beginning July 1, 2007, and all subsequent fiscal years, the
  4 33 maximum amount of property tax dollars that may be certified
  4 34 by the township board of trustees shall not exceed the amount
  4 35 certified in the previous fiscal year, unless the board of
  5  1 trustees adopts a resolution pursuant to this subsection.
  5  2    Not less than twenty days before the date set for the
  5  3 regular meeting of the board of trustees at which objections
  5  4 and arguments on the budget will be heard, the board may adopt
  5  5 a resolution declaring that for such budget the board intends
  5  6 to increase the amount of taxes from the current fiscal year.
  5  7 The resolution shall be forwarded to the county auditor for
  5  8 posting with the proposed budget pursuant to subsection 4.
  5  9 After the meeting, the board may abandon the declaration
  5 10 contained in the resolution or the board may proceed with the
  5 11 declaration contained in the resolution.
  5 12    Sec. 6.  Section 368.7, subsection 5, Code Supplement 2005,
  5 13 is amended to read as follows:
  5 14    5.  In the discretion of a city council, the resolution
  5 15 provided for in subsection 1, paragraph "d", or subsection 2
  5 16 or 3, may include a provision for a transition for the
  5 17 imposition of city taxes against property within the
  5 18 annexation area as provided in section 368.11, subsection 3,
  5 19 paragraph "m".  However, the city shall provide for such
  5 20 transition for the imposition of city taxes against that
  5 21 property that is included in the territory to be annexed
  5 22 without the consent of the landowner.
  5 23    Sec. 7.  Section 368.11, subsection 3, paragraph m, Code
  5 24 Supplement 2005, is amended to read as follows:
  5 25    m.  In the discretion of a city council, a A provision for
  5 26 a transition for the imposition of city taxes against property
  5 27 within an annexation area.  The provision shall allow for an
  5 28 exemption from taxation of the following percentages of
  5 29 assessed valuation according to the following schedule:
  5 30    (1)  For the first and second years, seventy=five percent.
  5 31    (2)  For the third and fourth years, sixty percent.
  5 32    (3)  For the fifth and sixth years, forty=five percent.
  5 33    (4)  For the seventh and eighth years, thirty percent.
  5 34    (5)  For the ninth and tenth years, fifteen percent.
  5 35    An alternative schedule may be adopted by the city council.
  6  1 However, an An alternative schedule shall not allow a greater
  6  2 an exemption that is equivalent to or greater than that
  6  3 provided in this paragraph.  The exemption shall be applied in
  6  4 the levy and collection of taxes.  The provision may also
  6  5 allow for the partial provision of city services during the
  6  6 time in which the exemption from taxation is in effect.
  6  7    Sec. 8.  NEW SECTION.  384.1A  LIMITATION ON TAX DOLLARS
  6  8 CERTIFIED.
  6  9    1.  Effective for the fiscal year beginning July 1, 2007,
  6 10 and all subsequent fiscal years, the maximum amount of
  6 11 property tax dollars that may be certified by the city council
  6 12 shall not exceed the amount certified in the previous fiscal
  6 13 year, unless the city council adopts a resolution pursuant to
  6 14 subsection 2.
  6 15    2.  Not less than thirty=five days before the certification
  6 16 date of the budget for the following fiscal year, the city
  6 17 council may adopt a resolution declaring that for such budget
  6 18 the city council intends to increase the amount of taxes from
  6 19 the current fiscal year.  The city council shall schedule a
  6 20 hearing on the resolution and publish notice of the hearing in
  6 21 a newspaper of general circulation in the city not less than
  6 22 four nor more than ten days before the hearing.  The notice
  6 23 shall contain a copy of the resolution.  After the public
  6 24 hearing, the city council may abandon the declaration
  6 25 contained in the resolution or the city council may proceed
  6 26 with the declaration contained in the resolution.
  6 27    Sec. 9.  NEW SECTION.  384.20A  REAL PROPERTY=RELATED
  6 28 SERVICES == FUNDING.
  6 29    1.  If a city's property tax capacity is reduced or the
  6 30 amount of revenue to be received by a city from sources other
  6 31 than property taxes is reduced, a city is prohibited from
  6 32 reducing funding for real property=related services provided
  6 33 by the city from the level such services were funded in the
  6 34 previous year without first reducing funding for services that
  6 35 are not real property=related services.
  7  1    2.  If funding for real property=related services is
  7  2 reduced under the circumstances described in subsection 1, the
  7  3 budget summary required to be published by the city pursuant
  7  4 to section 384.16 shall include a listing of the real
  7  5 property=related services, by service area and item, for which
  7  6 funding is reduced from the previous year, the previous year's
  7  7 funding for such service area and item, and the proposed
  7  8 funding for such service area and item.  The listing shall be
  7  9 prefaced by the following statement:
  7 10    "State law requires that when the revenue capacity of a
  7 11 city is reduced, funding for services that are not related to
  7 12 real property shall be reduced before reductions are made in
  7 13 funding of real property=related services.  Following is the
  7 14 list of real property=related services for which funding is
  7 15 reduced in this proposed budget."
  7 16    3.  For purposes of this section, "real property=related
  7 17 services" means a public service having a direct relationship
  7 18 to property ownership, including law enforcement, fire
  7 19 protection service, emergency medical services, street lights,
  7 20 water, sewage and sewage disposal, garbage pickup and garbage
  7 21 disposal, landfills, roads and road maintenance, streets and
  7 22 street maintenance, bridges and bridge maintenance, sidewalks
  7 23 and sidewalk maintenance, snow removal, and local emergency
  7 24 management to the extent such real property=related services
  7 25 are mandated by statute or have been provided at the
  7 26 discretion of the city council.
  7 27    Sec. 10.  EFFECTIVE AND APPLICABILITY PROVISIONS.  The
  7 28 sections of this division of this Act amending sections 368.7
  7 29 and 368.11, being deemed of immediate importance, take effect
  7 30 upon enactment and apply to annexation applications submitted
  7 31 to a city council and petitions for involuntary annexation
  7 32 filed with the city development board on or after the date of
  7 33 enactment.
  7 34                           DIVISION II
  7 35            PROPERTY ASSESSMENT LIMITATION (ROLLBACK)
  8  1    Sec. 11.  Section 441.21, subsections 4 and 5, Code
  8  2 Supplement 2005, are amended to read as follows:
  8  3    4.  For valuations established as of January 1, 1979, the
  8  4 percentage of actual value at which agricultural and
  8  5 residential property shall be assessed shall be the quotient
  8  6 of the dividend and divisor as defined in this section.  The
  8  7 dividend for each class of property shall be the dividend as
  8  8 determined for each class of property for valuations
  8  9 established as of January 1, 1978, adjusted by the product
  8 10 obtained by multiplying the percentage determined for that
  8 11 year by the amount of any additions or deletions to actual
  8 12 value, excluding those resulting from the revaluation of
  8 13 existing properties, as reported by the assessors on the
  8 14 abstracts of assessment for 1978, plus six percent of the
  8 15 amount so determined.  However, if the difference between the
  8 16 dividend so determined for either class of property and the
  8 17 dividend for that class of property for valuations established
  8 18 as of January 1, 1978, adjusted by the product obtained by
  8 19 multiplying the percentage determined for that year by the
  8 20 amount of any additions or deletions to actual value,
  8 21 excluding those resulting from the revaluation of existing
  8 22 properties, as reported by the assessors on the abstracts of
  8 23 assessment for 1978, is less than six percent, the 1979
  8 24 dividend for the other class of property shall be the dividend
  8 25 as determined for that class of property for valuations
  8 26 established as of January 1, 1978, adjusted by the product
  8 27 obtained by multiplying the percentage determined for that
  8 28 year by the amount of any additions or deletions to actual
  8 29 value, excluding those resulting from the revaluation of
  8 30 existing properties, as reported by the assessors on the
  8 31 abstracts of assessment for 1978, plus a percentage of the
  8 32 amount so determined which is equal to the percentage by which
  8 33 the dividend as determined for the other class of property for
  8 34 valuations established as of January 1, 1978, adjusted by the
  8 35 product obtained by multiplying the percentage determined for
  9  1 that year by the amount of any additions or deletions to
  9  2 actual value, excluding those resulting from the revaluation
  9  3 of existing properties, as reported by the assessors on the
  9  4 abstracts of assessment for 1978, is increased in arriving at
  9  5 the 1979 dividend for the other class of property.  The
  9  6 divisor for each class of property shall be the total actual
  9  7 value of all such property in the state in the preceding year,
  9  8 as reported by the assessors on the abstracts of assessment
  9  9 submitted for 1978, plus the amount of value added to said
  9 10 total actual value by the revaluation of existing properties
  9 11 in 1979 as equalized by the director of revenue pursuant to
  9 12 section 441.49.  The director shall utilize information
  9 13 reported on abstracts of assessment submitted pursuant to
  9 14 section 441.45 in determining such percentage.  For valuations
  9 15 established as of January 1, 1980, and each year thereafter,
  9 16 the percentage of actual value as equalized by the director of
  9 17 revenue as provided in section 441.49 at which agricultural
  9 18 and residential property shall be assessed shall be calculated
  9 19 in accordance with the methods provided herein including the
  9 20 limitation of increases in agricultural and residential
  9 21 assessed values to the percentage increase of the other class
  9 22 of property if the other class increases less than the
  9 23 allowable limit adjusted to include the applicable and current
  9 24 values as equalized by the director of revenue in this
  9 25 subsection, except that any references to six percent in this
  9 26 subsection shall be four percent.  For valuations established
  9 27 for the assessment year beginning January 1, 2006, and each
  9 28 year thereafter, the percentage of actual value as equalized
  9 29 by the director of revenue as provided in section 441.49 at
  9 30 which agricultural and residential property shall be assessed
  9 31 shall be calculated in accordance with the methods provided in
  9 32 this subsection and subsection 5A, except that any references
  9 33 to six percent in this subsection shall be four percent.
  9 34    5.  For valuations established as of January 1, 1979,
  9 35 commercial property and industrial property, excluding
 10  1 properties referred to in section 427A.1, subsection 7, shall
 10  2 be assessed as a percentage of the actual value of each class
 10  3 of property.  The percentage shall be determined for each
 10  4 class of property by the director of revenue for the state in
 10  5 accordance with the provisions of this section.  For
 10  6 valuations established as of January 1, 1979, the percentage
 10  7 shall be the quotient of the dividend and divisor as defined
 10  8 in this section.  The dividend for each class of property
 10  9 shall be the total actual valuation for each class of property
 10 10 established for 1978, plus six percent of the amount so
 10 11 determined.  The divisor for each class of property shall be
 10 12 the valuation for each class of property established for 1978,
 10 13 as reported by the assessors on the abstracts of assessment
 10 14 for 1978, plus the amount of value added to the total actual
 10 15 value by the revaluation of existing properties in 1979 as
 10 16 equalized by the director of revenue pursuant to section
 10 17 441.49.  For valuations established as of January 1, 1979,
 10 18 property valued by the department of revenue pursuant to
 10 19 chapters 428, 433, 437, and 438 shall be considered as one
 10 20 class of property and shall be assessed as a percentage of its
 10 21 actual value.  The percentage shall be determined by the
 10 22 director of revenue in accordance with the provisions of this
 10 23 section.  For valuations established as of January 1, 1979,
 10 24 the percentage shall be the quotient of the dividend and
 10 25 divisor as defined in this section.  The dividend shall be the
 10 26 total actual valuation established for 1978 by the department
 10 27 of revenue, plus ten percent of the amount so determined.  The
 10 28 divisor for property valued by the department of revenue
 10 29 pursuant to chapters 428, 433, 437, and 438 shall be the
 10 30 valuation established for 1978, plus the amount of value added
 10 31 to the total actual value by the revaluation of the property
 10 32 by the department of revenue as of January 1, 1979.  For
 10 33 valuations established as of January 1, 1980, commercial
 10 34 property and industrial property, excluding properties
 10 35 referred to in section 427A.1, subsection 7, shall be assessed
 11  1 at a percentage of the actual value of each class of property.
 11  2 The percentage shall be determined for each class of property
 11  3 by the director of revenue for the state in accordance with
 11  4 the provisions of this section.  For valuations established as
 11  5 of January 1, 1980, the percentage shall be the quotient of
 11  6 the dividend and divisor as defined in this section.  The
 11  7 dividend for each class of property shall be the dividend as
 11  8 determined for each class of property for valuations
 11  9 established as of January 1, 1979, adjusted by the product
 11 10 obtained by multiplying the percentage determined for that
 11 11 year by the amount of any additions or deletions to actual
 11 12 value, excluding those resulting from the revaluation of
 11 13 existing properties, as reported by the assessors on the
 11 14 abstracts of assessment for 1979, plus four percent of the
 11 15 amount so determined.  The divisor for each class of property
 11 16 shall be the total actual value of all such property in 1979,
 11 17 as equalized by the director of revenue pursuant to section
 11 18 441.49, plus the amount of value added to the total actual
 11 19 value by the revaluation of existing properties in 1980.  The
 11 20 director shall utilize information reported on the abstracts
 11 21 of assessment submitted pursuant to section 441.45 in
 11 22 determining such percentage.  For valuations established as of
 11 23 January 1, 1980, property valued by the department of revenue
 11 24 pursuant to chapters 428, 433, 437, and 438 shall be assessed
 11 25 at a percentage of its actual value.  The percentage shall be
 11 26 determined by the director of revenue in accordance with the
 11 27 provisions of this section.  For valuations established as of
 11 28 January 1, 1980, the percentage shall be the quotient of the
 11 29 dividend and divisor as defined in this section.  The dividend
 11 30 shall be the total actual valuation established for 1979 by
 11 31 the department of revenue, plus eight percent of the amount so
 11 32 determined.  The divisor for property valued by the department
 11 33 of revenue pursuant to chapters 428, 433, 437, and 438 shall
 11 34 be the valuation established for 1979, plus the amount of
 11 35 value added to the total actual value by the revaluation of
 12  1 the property by the department of revenue as of January 1,
 12  2 1980.  For valuations established as of January 1, 1981, and
 12  3 each year thereafter, the percentage of actual value as
 12  4 equalized by the director of revenue as provided in section
 12  5 441.49 at which commercial property and industrial property,
 12  6 excluding properties referred to in section 427A.1, subsection
 12  7 7, shall be assessed shall be calculated in accordance with
 12  8 the methods provided herein in this subsection, except that
 12  9 any references to six percent in this subsection shall be four
 12 10 percent.  For valuations established as of January 1, 1981,
 12 11 and each year thereafter, the percentage of actual value at
 12 12 which property valued by the department of revenue pursuant to
 12 13 chapters 428, 433, 437, and 438 shall be assessed shall be
 12 14 calculated in accordance with the methods provided herein,
 12 15 except that any references to ten percent in this subsection
 12 16 shall be eight percent.  Beginning with valuations established
 12 17 as of January 1, 1979, and each year thereafter, property
 12 18 valued by the department of revenue pursuant to chapter 434
 12 19 shall also be assessed at a percentage of its actual value
 12 20 which percentage shall be equal to the percentage determined
 12 21 by the director of revenue for commercial property, industrial
 12 22 property, or property valued by the department of revenue
 12 23 pursuant to chapters 428, 433, 437, and 438, whichever is
 12 24 lowest.  For valuations established for the assessment year
 12 25 beginning January 1, 2006, and each year thereafter, the
 12 26 percentage of actual value as equalized by the director of
 12 27 revenue as provided in section 441.49 at which commercial and
 12 28 industrial property shall be assessed shall be calculated in
 12 29 accordance with the methods provided in this subsection and
 12 30 subsection 5A, except that any references to six percent in
 12 31 this subsection shall be four percent.
 12 32    Sec. 12.  Section 441.21, Code Supplement 2005, is amended
 12 33 by adding the following new subsection:
 12 34    NEW SUBSECTION.  5A.  Notwithstanding the limitation of
 12 35 increases for agricultural and residential property in
 13  1 subsection 4 and the limitation of increases for commercial
 13  2 and industrial property in subsection 5, for valuations
 13  3 established for the assessment year beginning January 1, 2006,
 13  4 and each year thereafter, for residential, agricultural, and
 13  5 commercial property, the assessed values of these three
 13  6 classes of property shall be limited to the percentage
 13  7 increase of that class of property that is the lowest
 13  8 percentage increase under the allowable limit adjusted to
 13  9 include the applicable and current values as equalized by the
 13 10 director of revenue.  The lowest percentage increase
 13 11 determined under this subsection shall also be applied to
 13 12 industrial property in the same manner it is applied to the
 13 13 other three classes of property.
 13 14    Sec. 13.  RETROACTIVE APPLICABILITY.  This division of this
 13 15 Act applies retroactively to January 1, 2006, for assessment
 13 16 years beginning on or after that date.
 13 17                          DIVISION III
 13 18                   COUNTY COMPENSATION BOARDS
 13 19    Sec. 14.  Section 331.212, subsection 2, Code 2005, is
 13 20 amended by adding the following new paragraph:
 13 21    NEW PARAGRAPH.  i.  Setting the compensation schedule of
 13 22 the elected county officers.
 13 23    Sec. 15.  Section 331.321, subsection 1, paragraph l, Code
 13 24 2005, is amended by striking the paragraph.
 13 25    Sec. 16.  Section 331.322, subsection 6, Code 2005, is
 13 26 amended to read as follows:
 13 27    6.  Review Annually review and prepare the final
 13 28 compensation schedule of the county compensation board and
 13 29 determine the final compensation schedule in accordance with
 13 30 section 331.907.
 13 31    Sec. 17.  Section 331.322, subsection 7, Code 2005, is
 13 32 amended by striking the subsection.
 13 33    Sec. 18.  Section 331.323, subsection 1, unnumbered
 13 34 paragraph 5, Code 2005, is amended to read as follows:
 13 35    When If the duties of an officer or employee are assigned
 14  1 to one or more elected officers, the board shall set the an
 14  2 initial salary for each elected officer.  Thereafter, the
 14  3 salary and, thereafter, shall be determined determine the
 14  4 salary as provided in section 331.907.
 14  5    Sec. 19.  Section 331.907, subsections 1 and 2, Code
 14  6 Supplement 2005, are amended to read as follows:
 14  7    1.  The annual compensation of the auditor, treasurer,
 14  8 recorder, sheriff, county attorney, and supervisors shall be
 14  9 determined as provided in this section.  The county
 14 10 compensation board of supervisors annually shall review the
 14 11 compensation paid to comparable officers in other counties of
 14 12 this state, other states, private enterprise, and the federal
 14 13 government.  In setting the salary of the county sheriff, the
 14 14 county compensation board shall consider setting the sheriff's
 14 15 salary so that it is comparable to salaries paid to
 14 16 professional law enforcement administrators and command
 14 17 officers of the state patrol, the division of criminal
 14 18 investigation of the department of public safety, and city
 14 19 police agencies in this state.  The county compensation board
 14 20 shall prepare a compensation schedule for the elective county
 14 21 officers for the succeeding fiscal year.  A recommended
 14 22 Approval of a compensation schedule requires a majority vote
 14 23 of the membership of the county compensation board.
 14 24    2.  At the public hearing held on the county budget as
 14 25 provided in section 331.434, the county compensation board
 14 26 shall submit its recommended compensation schedule for the
 14 27 next fiscal year to the board of supervisors for inclusion in
 14 28 the county budget.  The board of supervisors shall review the
 14 29 recommended compensation schedule for the elected county
 14 30 officers and determine the final compensation schedule which
 14 31 shall not exceed the compensation schedule recommended by the
 14 32 county compensation board.  In determining the final
 14 33 compensation schedule if the board of supervisors wishes to
 14 34 reduce the amount of the recommended compensation schedule,
 14 35 the amount of salary increase proposed for each elected county
 15  1 officer shall be reduced an equal percentage.  A copy of the
 15  2 final compensation schedule shall be filed with the county
 15  3 budget at the office of the director of the department of
 15  4 management.  The final compensation schedule takes effect on
 15  5 July 1 following its adoption by the board of supervisors.
 15  6    Sec. 20.  Section 331.905, Code 2005, is repealed.
 15  7                           EXPLANATION
 15  8    This bill makes changes relating to local governments by
 15  9 imposing requirements on those cities, counties, townships,
 15 10 and other property tax certifying boards that seek to increase
 15 11 the amount of property taxes certified for levy, by changing
 15 12 the number of signatures necessary to protest a county budget,
 15 13 by requiring priority funding of real property=related
 15 14 services by cities and counties, by tying together the
 15 15 assessment limitations of certain classes of property, and by
 15 16 abolishing county compensation boards.
 15 17    Division I of the bill provides that, effective for the
 15 18 fiscal year beginning July 1, 2007, and all subsequent fiscal
 15 19 years, a county or city shall not certify for levy an amount
 15 20 of property taxes that exceeds the amount certified in the
 15 21 previous fiscal year unless the board of supervisors or city
 15 22 council, as applicable, adopts a resolution declaring its
 15 23 intent to increase tax dollars and holds a public hearing on
 15 24 the resolution.  After the public hearing, the board or
 15 25 council may abandon the resolution or proceed with the
 15 26 resolution.  The division provides that all other tax
 15 27 certifying boards shall comply with this requirement, except
 15 28 that they are not required to hold an additional public
 15 29 hearing.  Instead, they are required to publish notice of
 15 30 adoption of the resolution along with notice of the public
 15 31 hearing that is currently required for these budgets.
 15 32 Townships, however, are not required to hold a public hearing
 15 33 on their budgets, so the division provides that the resolution
 15 34 shall be posted along with the proposed budget before the
 15 35 regular meeting on the proposed budget.
 16  1    The division changes the number of signatures necessary to
 16  2 protest an adopted county budget.  Current law provides that
 16  3 the number of signatures shall not be less than 100.  Prior to
 16  4 2003, the law required that the protest contain signatures
 16  5 equal in number to one=fourth of 1 percent of those voting for
 16  6 the office of governor at the last general election, but not
 16  7 less than 10 nor more than 100.  The bill changes the
 16  8 signature requirement back to the law prior to 2003.
 16  9    The division requires a county or city whose property tax
 16 10 capacity or other revenue capacity is reduced to first reduce
 16 11 funding for services that are not related to real property.
 16 12 If funding for essential services is also reduced, the county
 16 13 or city shall include on the published proposed budget summary
 16 14 the listing of essential services for which funding has been
 16 15 reduced and a statement informing persons that state law
 16 16 requires that when revenue capacity is reduced funding for
 16 17 nonessential services is to be reduced before funding for
 16 18 essential services is reduced.  The bill defines "real
 16 19 property=related services".
 16 20    The division requires a city to implement the statutory
 16 21 transition for the imposition of city taxes against property
 16 22 to be annexed if the property is included in a voluntary
 16 23 annexation application without the consent of the landowner
 16 24 (i.e., where up to 20 percent of the annexed property may be
 16 25 annexed without consent) or if the property is included in an
 16 26 involuntary annexation petition.  The division also provides
 16 27 that if a city provides its own schedule of exemption from
 16 28 city taxes as an alternative to the statutory schedule, the
 16 29 alternative exemption must be equivalent to or greater than
 16 30 the statutory exemption.  This portion of division I takes
 16 31 effect upon enactment and applies to annexation applications
 16 32 submitted to a city council and petitions for involuntary
 16 33 annexation filed with the city development board on or after
 16 34 the date of enactment.
 16 35    Division II of the bill ties together the assessment
 17  1 limitations of residential, agricultural, and commercial
 17  2 property by limiting the percentage increase in all of those
 17  3 classes of property to the percentage increase of that class
 17  4 of property that is the lowest percentage increase under the
 17  5 allowable (4 percent) limit.  The division also provides that
 17  6 the lowest percentage increase shall be applied to industrial
 17  7 property in the same manner that it is applied to the other
 17  8 three classes of property.  This division of the bill applies
 17  9 retroactively to January 1, 2006, for assessment years
 17 10 beginning on or after that date.
 17 11    Division III of the bill provides for the abolition of
 17 12 county compensation boards and transfers to the board of
 17 13 supervisors the duty of setting the compensation schedule for
 17 14 elective county officers.
 17 15 LSB 6480HC 81
 17 16 sc:rj/gg/14