Senate File 2113 - Introduced SENATE FILE BY ANGELO, JOHNSON, HAHN, KETTERING, SEYMOUR, BOETTGER, ZIEMAN, McKIBBEN, IVERSON, BEHN, GASKILL, WIECK, McKINLEY, and BRUNKHORST Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a property assessment adjustment for certain 2 elderly persons and including retroactive applicability date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5217XS 81 6 sc/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 424A.1 HOMESTEAD ASSESSED VALUE 1 2 ADJUSTMENT == PURPOSE. 1 3 Persons who own their homesteads and who meet the 1 4 qualifications provided in this chapter are eligible for an 1 5 adjustment in the assessed value of their homesteads, as 1 6 provided in this chapter, to prevent an increase in such 1 7 values. 1 8 Sec. 2. NEW SECTION. 424A.2 DEFINITIONS. 1 9 As used in this chapter, unless the context otherwise 1 10 requires: 1 11 1. "Assessed value" means the actual value prior to any 1 12 adjustment pursuant to section 441.21, subsection 4. 1 13 2. "Base assessment year" means the assessment year 1 14 beginning in the base year. 1 15 3. "Base year" means the calendar year last ending before 1 16 the claim is filed. 1 17 4. "Claimant" means a person filing a claim for adjustment 1 18 under this chapter who has attained the age of sixty=five 1 19 years on or before December 31 of the base year and is 1 20 domiciled in this state at the time the claim is filed or at 1 21 the time of the person's death in the case of a claim filed by 1 22 the executor or administrator of the claimant's estate. 1 23 5. "Homestead" means the dwelling owned and actually used 1 24 as a home by the claimant during any part of the fiscal year 1 25 beginning July 1 of the base year, and so much of the land 1 26 surrounding it including one or more contiguous lots or tracts 1 27 of land, as is reasonably necessary for use of the dwelling as 1 28 a home, and may consist of a part of a multidwelling or 1 29 multipurpose building and a part of the land upon which it is 1 30 built. It does not include personal property except that a 1 31 manufactured or mobile home may be a homestead. Any dwelling 1 32 or a part of a multidwelling or multipurpose building which is 1 33 exempt from taxation does not qualify as a homestead under 1 34 this division. A homestead must be located in this state. 1 35 When a person is confined in a nursing home, extended=care 2 1 facility, or hospital, the person shall be considered as 2 2 occupying or living in the person's homestead if the person is 2 3 the owner of the homestead and the person maintains the 2 4 homestead and does not lease, rent, or otherwise receive 2 5 profits from other persons for the use of the homestead. 2 6 6. "Household", "household income", and "income" mean the 2 7 same as those terms are defined in section 425.17. 2 8 7. "Owned" means owned by an owner as defined in section 2 9 425.11. 2 10 Sec. 3. NEW SECTION. 424A.3 RIGHT TO FILE A CLAIM. 2 11 The right to file a claim for an assessed value adjustment 2 12 under this chapter may be exercised by the claimant or on 2 13 behalf of a claimant by the claimant's legal guardian, spouse, 2 14 or attorney, or by the executor or administrator of the 2 15 claimant's estate. If a claimant dies after having filed a 2 16 claim for adjustment, the amount of any adjustment shall be 2 17 made as if the claimant had not died. 2 18 Sec. 4. NEW SECTION. 424A.4 CLAIM FOR ADJUSTMENT. 2 19 Subject to the limitations provided in this chapter, a 2 20 claimant may annually claim an adjustment of the assessed 2 21 value of the claimant's homestead for the base assessment 2 22 year. The adjustment claim shall be filed with the county 2 23 assessor between January 1 and February 15 immediately 2 24 following the close of the base assessment year. However, in 2 25 case of sickness, absence, or other disability of the 2 26 claimant, or if in the judgment of the county assessor good 2 27 cause exists, the county assessor may extend the time for 2 28 filing a claim for adjustment through June 30 of the same 2 29 calendar year. 2 30 The county assessor shall notify the department of revenue 2 31 by March 1 of the number of claimants receiving adjustments 2 32 under this chapter and the total amount of the reduced 2 33 assessed values for the base assessment year. 2 34 Sec. 5. NEW SECTION. 424A.5 QUALIFICATION AND ADJUSTMENT 2 35 == MAXIMUM TAX DOLLARS LEVIED. 3 1 1. If the household income qualification specified in 3 2 subsection 2 is met, the assessed value of the claimant's 3 3 homestead in the base assessment year shall be adjusted, but 3 4 not increased, to equal the assessed value, as such value may 3 5 have been adjusted pursuant to this chapter, in the assessment 3 6 year preceding the base assessment year. However, if the 3 7 property tax dollars to be levied against the adjusted 3 8 assessment exceed the property tax dollars levied against the 3 9 property in the fiscal year for which taxes were first levied 3 10 against an adjusted assessment, the treasurer shall subtract 3 11 the difference from the amount due. 3 12 2. A claimant is eligible for an adjustment to the 3 13 assessed value of the claimant's homestead if the claimant's 3 14 household income is twenty=five thousand dollars or less. 3 15 Sec. 6. NEW SECTION. 424A.6 ADMINISTRATION. 3 16 The director of revenue shall make available suitable forms 3 17 for claiming an assessed value adjustment with instructions 3 18 for claimants. Each assessor and county treasurer shall make 3 19 available the forms and instructions. The claim shall be in a 3 20 form as the director may prescribe. 3 21 Sec. 7. NEW SECTION. 424A.7 PROOF OF CLAIM. 3 22 Every claimant shall give the department of revenue, in 3 23 support of the claim, reasonable proof of: 3 24 1. Age. 3 25 2. Changes of homestead. 3 26 3. Household membership. 3 27 4. Household income. 3 28 5. Size and nature of the property claimed as the 3 29 homestead. 3 30 The director of revenue may require any additional proof 3 31 necessary to support a claim. 3 32 Sec. 8. NEW SECTION. 424A.8 AUDIT == DENIAL. 3 33 If on the audit of a claim for adjustment under this 3 34 chapter, the director of revenue determines the claim is not 3 35 allowable, the director shall notify the claimant of the 4 1 denial and the reasons for it. The director shall not deny a 4 2 claim after three years from October 31 of the year in which 4 3 the claim was filed. The director shall give notification to 4 4 the county assessor of the denial of the claim and the county 4 5 assessor shall instruct the county treasurer to proceed to 4 6 collect the tax that would have been levied on the adjusted 4 7 assessed value in the same manner as other property taxes due 4 8 and payable are collected, if the property on which the 4 9 adjustment was granted is still owned by the claimant. 4 10 Sec. 9. NEW SECTION. 424A.9 WAIVER OF CONFIDENTIALITY. 4 11 A claimant shall expressly waive any right to 4 12 confidentiality relating to all income tax information 4 13 obtainable through the department of revenue, including all 4 14 information covered by sections 422.20 and 422.72. This 4 15 waiver shall apply to information available to the county 4 16 assessor who shall hold the information confidential except 4 17 that it may be used as evidence to disallow the assessed value 4 18 adjustment. 4 19 The department of revenue may release information 4 20 pertaining to a person's eligibility or claim for or receipt 4 21 of the assessed value adjustment to an employee of the 4 22 department of inspections and appeals in the employee's 4 23 official conduct of an audit or investigation. 4 24 Sec. 10. NEW SECTION. 424A.10 FALSE CLAIM == PENALTY. 4 25 A person who makes a false affidavit for the purpose of 4 26 obtaining an adjustment in assessed value provided for in this 4 27 chapter or who knowingly receives the adjustment without being 4 28 legally entitled to it or makes claim for the adjustment in 4 29 more than one county in the state without being legally 4 30 entitled to it is guilty of a fraudulent practice. The claim 4 31 for adjustment shall be disallowed in full and property tax 4 32 shall be levied on the disallowed adjustment at the rate that 4 33 would have been levied but for the adjustment. The director 4 34 of revenue shall send a notice of disallowance of the claim. 4 35 Sec. 11. NEW SECTION. 424A.11 STATUTES APPLICABLE. 5 1 To the extent not otherwise contrary, the provisions of 5 2 sections 425.30, 425.31, 425.32, and 425.37 apply to this 5 3 chapter. 5 4 Sec. 12. STATE FUNDING OF TAX CREDITS AND EXEMPTIONS == 5 5 INAPPLICABILITY. The provisions in section 25B.7, relating to 5 6 the obligation of the state to reimburse local jurisdictions 5 7 for property tax credits and exemptions, do not apply to 5 8 chapter 424A, as enacted in this Act. 5 9 Sec. 13. APPLICABILITY DATES. This Act applies 5 10 retroactively to January 1, 2006, for assessment years 5 11 beginning on or after that date and for the filing of claims 5 12 for adjustments of assessed values on or after January 1, 5 13 2007. 5 14 EXPLANATION 5 15 This bill provides for an adjustment (freeze) in the 5 16 assessed value of a homestead if the owner is a person who is 5 17 65 or older and whose household income is $25,000 or less. If 5 18 those qualifications are met, the assessed value of the 5 19 homestead upon which property taxes are levied in a fiscal 5 20 year is the same assessed value as for the previous fiscal 5 21 year. Assessed value is that value prior to any rollback 5 22 being applied. 5 23 The bill provides that the provision in Code section 25B.7 5 24 that requires the state to fund reimbursement for property tax 5 25 credits and exemptions does not apply to the adjustment in 5 26 value provided for in the bill. 5 27 The bill applies retroactively to January 1, 2006, for 5 28 assessment years beginning on or after that date and applies 5 29 to claims filed for the adjustments on or after January 1, 5 30 2007. 5 31 LSB 5217XS 81 5 32 sc:rj/je/5.1