House File 116 



                                       HOUSE FILE       
                                       BY  STRUYK


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

                                      A BILL FOR

  1 An Act relating to a limitation on certain county and city
  2    property taxes in certain fiscal years and providing for the
  3    Act's applicability.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1551YH 82
  6 sc/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  331.422A  LIMITATION ON TAXES
  1  2 CERTIFIED == EQUALIZATION ORDERS.
  1  3    1.  Notwithstanding any provision in this part to the
  1  4 contrary, if the equalization order issued by the department
  1  5 of revenue to an assessing jurisdiction that is a county,
  1  6 provides, in the aggregate for all classes of property, a
  1  7 percentage increase in assessed values for the assessing
  1  8 jurisdiction, the maximum amount of property tax dollars that
  1  9 may be certified by the county in the fiscal year beginning
  1 10 July 1 of the even=numbered year following issuance of the
  1 11 equalization order shall not exceed the amount certified in
  1 12 the previous fiscal year, unless the board adopts a resolution
  1 13 pursuant to subsection 2.
  1 14    2.  Not less than thirty=five days before the certification
  1 15 date of the budget for the fiscal year beginning July 1 of the
  1 16 even=numbered year following issuance of an equalization order
  1 17 described in subsection 1, the board may adopt a resolution
  1 18 declaring that for such budget the board does not intend to
  1 19 reduce its tax levy rates from the current fiscal year in
  1 20 order to compensate for the increase in property valuations
  1 21 due to the equalization orders issued by the department of
  1 22 revenue.  The board shall publish notice of a hearing on the
  1 23 resolution in a newspaper of general circulation in the county
  1 24 not less than four nor more than ten days before the hearing.
  1 25 The notice shall contain a copy of the resolution.  After the
  1 26 public hearing, the board may abandon the declaration
  1 27 contained in the resolution or the board may proceed with the
  1 28 declaration contained in the resolution.
  1 29    Sec. 2.  NEW SECTION.  384.1A  LIMITATION ON TAXES
  1 30 CERTIFIED == EQUALIZATION ORDERS.
  1 31    1.  Notwithstanding any provision in this division to the
  1 32 contrary, if the equalization order issued by the department
  1 33 of revenue to an assessing jurisdiction that is a city,
  1 34 provides, in the aggregate for all classes of property, a
  1 35 percentage increase in assessed values for the assessing
  2  1 jurisdiction, the maximum amount of property tax dollars that
  2  2 may be certified by the city in the fiscal year beginning July
  2  3 1 of the even=numbered year following issuance of the
  2  4 equalization order shall not exceed the amount certified in
  2  5 the previous fiscal year, unless the city council adopts a
  2  6 resolution pursuant to subsection 3.
  2  7    2.  Notwithstanding any provision in this division to the
  2  8 contrary, if the equalization order issued by the department
  2  9 of revenue to an assessing jurisdiction that is a county,
  2 10 provides, in the aggregate for all classes of property, a
  2 11 percentage increase in assessed values for the assessing
  2 12 jurisdiction, the maximum amount of property tax dollars that
  2 13 may be certified by any city located in that county in the
  2 14 fiscal year beginning July 1 of the even=numbered year
  2 15 following issuance of the equalization order shall not exceed
  2 16 the amount certified in the previous fiscal year, unless the
  2 17 city council adopts a resolution pursuant to subsection 3.
  2 18    3.  Not less than thirty=five days before the certification
  2 19 date of the budget for the fiscal year beginning July 1 of the
  2 20 even=numbered year following issuance of an equalization order
  2 21 described in subsection 1, the city council may adopt a
  2 22 resolution declaring that for such budget the city council
  2 23 does not intend to reduce its tax levy rates from the current
  2 24 fiscal year in order to compensate for the increase in
  2 25 property valuations due to the equalization orders issued by
  2 26 the department of revenue.  The city council shall publish
  2 27 notice of a hearing on the resolution in a newspaper of
  2 28 general circulation in the city not less than four nor more
  2 29 than ten days before the hearing.  The notice shall contain a
  2 30 copy of the resolution.  After the public hearing, the city
  2 31 council may abandon the declaration contained in the
  2 32 resolution or the city council may proceed with the
  2 33 declaration contained in the resolution.
  2 34    Sec. 3.  APPLICABILITY DATE.  This Act applies to budgets
  2 35 certified for the fiscal year beginning July 1, 2008, and to
  3  1 subsequent fiscal years beginning July 1 of the even=numbered
  3  2 year.
  3  3                           EXPLANATION
  3  4    This bill requires that if an equalization order issued to
  3  5 an assessing jurisdiction that is a city is, in the aggregate,
  3  6 a percentage increase in assessed values, then property taxes
  3  7 certified by the city for the fiscal year beginning July 1 of
  3  8 the even=numbered year following issuance of the equalization
  3  9 order are limited to the amount certified in the previous
  3 10 year, unless the city adopts a resolution declaring that it
  3 11 does not intend to reduce its levy rates to compensate for the
  3 12 increase in valuation due to the equalization orders.  If the
  3 13 assessing jurisdiction is a county and the equalization order,
  3 14 in the aggregate, is a percentage increase in assessed values,
  3 15 then property taxes certified by the county and each city in
  3 16 the county for the fiscal year beginning July 1 of the even=
  3 17 numbered year following issuance of the equalization order are
  3 18 limited to the amount certified in the previous year, unless
  3 19 the county or the city, as applicable, adopts a resolution
  3 20 declaring that it does not intend to reduce its levy rates to
  3 21 compensate for the increase in valuation due to the
  3 22 equalization orders.
  3 23    The bill provides that the board or city council adopting
  3 24 such a resolution shall hold a public hearing on the
  3 25 resolution.  After the public hearing, the board or council
  3 26 may abandon the resolution or proceed with the resolution.
  3 27    The bill applies to the fiscal year beginning July 1, 2008,
  3 28 and to subsequent fiscal years beginning July 1 of the even=
  3 29 numbered year.
  3 30 LSB 1551YH 82
  3 31 sc:rj/sh/8