House File 599 - Introduced HOUSE FILE BY SANDS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to property taxes by linking the assessment 2 limitations of certain classes of property, and including a 3 retroactive applicability date provision. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1903YH 82 6 sc/gg/14 PAG LIN 1 1 Section 1. Section 441.21, subsections 4 and 5, Code 2007, 1 2 are amended to read as follows: 1 3 4. For valuations established as of January 1, 1979, the 1 4 percentage of actual value at which agricultural and 1 5 residential property shall be assessed shall be the quotient 1 6 of the dividend and divisor as defined in this section. The 1 7 dividend for each class of property shall be the dividend as 1 8 determined for each class of property for valuations 1 9 established as of January 1, 1978, adjusted by the product 1 10 obtained by multiplying the percentage determined for that 1 11 year by the amount of any additions or deletions to actual 1 12 value, excluding those resulting from the revaluation of 1 13 existing properties, as reported by the assessors on the 1 14 abstracts of assessment for 1978, plus six percent of the 1 15 amount so determined.However, if the difference between the 1 16 dividend so determined for either class of property and the 1 17 dividend for that class of property for valuations established 1 18 as of January 1, 1978, adjusted by the product obtained by 1 19 multiplying the percentage determined for that year by the 1 20 amount of any additions or deletions to actual value, 1 21 excluding those resulting from the revaluation of existing 1 22 properties, as reported by the assessors on the abstracts of 1 23 assessment for 1978, is less than six percent, the 1979 1 24 dividend for the other class of property shall be the dividend 1 25 as determined for that class of property for valuations 1 26 established as of January 1, 1978, adjusted by the product 1 27 obtained by multiplying the percentage determined for that 1 28 year by the amount of any additions or deletions to actual 1 29 value, excluding those resulting from the revaluation of 1 30 existing properties, as reported by the assessors on the 1 31 abstracts of assessment for 1978, plus a percentage of the 1 32 amount so determined which is equal to the percentage by which 1 33 the dividend as determined for the other class of property for 1 34 valuations established as of January 1, 1978, adjusted by the 1 35 product obtained by multiplying the percentage determined for 2 1 that year by the amount of any additions or deletions to 2 2 actual value, excluding those resulting from the revaluation 2 3 of existing properties, as reported by the assessors on the 2 4 abstracts of assessment for 1978, is increased in arriving at 2 5 the 1979 dividend for the other class of property.The 2 6 divisor for each class of property shall be the total actual 2 7 value of all such property in the state in the preceding year, 2 8 as reported by the assessors on the abstracts of assessment 2 9 submitted for 1978, plus the amount of value added to said 2 10 total actual value by the revaluation of existing properties 2 11 in 1979 as equalized by the director of revenue pursuant to 2 12 section 441.49. The director shall utilize information 2 13 reported on abstracts of assessment submitted pursuant to 2 14 section 441.45 in determining such percentage. For valuations 2 15 established as of January 1, 1980, and each year thereafter, 2 16 the percentage of actual value as equalized by the director of 2 17 revenue as provided in section 441.49 at which agricultural 2 18 and residential property shall be assessed shall be calculated 2 19 in accordance with the methods providedherein including the 2 20 limitation of increases in agricultural and residential 2 21 assessed values to the percentage increase of the other class 2 22 of property if the other class increases less than the 2 23 allowable limit adjusted to include the applicable and current 2 24 values as equalized by the director of revenuein this 2 25 subsection, except that any references to six percent in this 2 26 subsection shall be four percent. For valuations established 2 27 for the assessment year beginning January 1, 2007, and each 2 28 year thereafter, the percentage of actual value as equalized 2 29 by the director of revenue as provided in section 441.49 at 2 30 which agricultural and residential property shall be assessed 2 31 shall be calculated in accordance with the methods provided in 2 32 this subsection and subsection 5A, except that any references 2 33 to six percent in this subsection shall be four percent. 2 34 5. For valuations established as of January 1, 1979, 2 35 commercial property and industrial property, excluding 3 1 properties referred to in section 427A.1, subsection 8, shall 3 2 be assessed as a percentage of the actual value of each class 3 3 of property. The percentage shall be determined for each 3 4 class of property by the director of revenue for the state in 3 5 accordance with the provisions of this section. For 3 6 valuations established as of January 1, 1979, the percentage 3 7 shall be the quotient of the dividend and divisor as defined 3 8 in this section. The dividend for each class of property 3 9 shall be the total actual valuation for each class of property 3 10 established for 1978, plus six percent of the amount so 3 11 determined. The divisor for each class of property shall be 3 12 the valuation for each class of property established for 1978, 3 13 as reported by the assessors on the abstracts of assessment 3 14 for 1978, plus the amount of value added to the total actual 3 15 value by the revaluation of existing properties in 1979 as 3 16 equalized by the director of revenue pursuant to section 3 17 441.49. For valuations established as of January 1, 1979, 3 18 property valued by the department of revenue pursuant to 3 19 chapters 428, 433, 437, and 438 shall be considered as one 3 20 class of property and shall be assessed as a percentage of its 3 21 actual value. The percentage shall be determined by the 3 22 director of revenue in accordance with the provisions of this 3 23 section. For valuations established as of January 1, 1979, 3 24 the percentage shall be the quotient of the dividend and 3 25 divisor as defined in this section. The dividend shall be the 3 26 total actual valuation established for 1978 by the department 3 27 of revenue, plus ten percent of the amount so determined. The 3 28 divisor for property valued by the department of revenue 3 29 pursuant to chapters 428, 433, 437, and 438 shall be the 3 30 valuation established for 1978, plus the amount of value added 3 31 to the total actual value by the revaluation of the property 3 32 by the department of revenue as of January 1, 1979. For 3 33 valuations established as of January 1, 1980, commercial 3 34 property and industrial property, excluding properties 3 35 referred to in section 427A.1, subsection 8, shall be assessed 4 1 at a percentage of the actual value of each class of property. 4 2 The percentage shall be determined for each class of property 4 3 by the director of revenue for the state in accordance with 4 4 the provisions of this section. For valuations established as 4 5 of January 1, 1980, the percentage shall be the quotient of 4 6 the dividend and divisor as defined in this section. The 4 7 dividend for each class of property shall be the dividend as 4 8 determined for each class of property for valuations 4 9 established as of January 1, 1979, adjusted by the product 4 10 obtained by multiplying the percentage determined for that 4 11 year by the amount of any additions or deletions to actual 4 12 value, excluding those resulting from the revaluation of 4 13 existing properties, as reported by the assessors on the 4 14 abstracts of assessment for 1979, plus four percent of the 4 15 amount so determined. The divisor for each class of property 4 16 shall be the total actual value of all such property in 1979, 4 17 as equalized by the director of revenue pursuant to section 4 18 441.49, plus the amount of value added to the total actual 4 19 value by the revaluation of existing properties in 1980. The 4 20 director shall utilize information reported on the abstracts 4 21 of assessment submitted pursuant to section 441.45 in 4 22 determining such percentage. For valuations established as of 4 23 January 1, 1980, property valued by the department of revenue 4 24 pursuant to chapters 428, 433, 437, and 438 shall be assessed 4 25 at a percentage of its actual value. The percentage shall be 4 26 determined by the director of revenue in accordance with the 4 27 provisions of this section. For valuations established as of 4 28 January 1, 1980, the percentage shall be the quotient of the 4 29 dividend and divisor as defined in this section. The dividend 4 30 shall be the total actual valuation established for 1979 by 4 31 the department of revenue, plus eight percent of the amount so 4 32 determined. The divisor for property valued by the department 4 33 of revenue pursuant to chapters 428, 433, 437, and 438 shall 4 34 be the valuation established for 1979, plus the amount of 4 35 value added to the total actual value by the revaluation of 5 1 the property by the department of revenue as of January 1, 5 2 1980. For valuations established as of January 1, 1981, and 5 3 each year thereafter, the percentage of actual value as 5 4 equalized by the director of revenue as provided in section 5 5 441.49 at which commercial property and industrial property, 5 6 excluding properties referred to in section 427A.1, subsection 5 7 8, shall be assessed shall be calculated in accordance with 5 8 the methods providedhereinin this subsection, except that 5 9 any references to six percent in this subsection shall be four 5 10 percent. For valuations established as of January 1, 1981, 5 11 and each year thereafter, the percentage of actual value at 5 12 which property valued by the department of revenue pursuant to 5 13 chapters 428, 433, 437, and 438 shall be assessed shall be 5 14 calculated in accordance with the methods provided herein, 5 15 except that any references to ten percent in this subsection 5 16 shall be eight percent. Beginning with valuations established 5 17 as of January 1, 1979, and each year thereafter, property 5 18 valued by the department of revenue pursuant to chapter 434 5 19 shall also be assessed at a percentage of its actual value 5 20 which percentage shall be equal to the percentage determined 5 21 by the director of revenue for commercial property, industrial 5 22 property, or property valued by the department of revenue 5 23 pursuant to chapters 428, 433, 437, and 438, whichever is 5 24 lowest. For valuations established for the assessment year 5 25 beginning January 1, 2007, and each year thereafter, the 5 26 percentage of actual value as equalized by the director of 5 27 revenue as provided in section 441.49 at which commercial and 5 28 industrial property shall be assessed shall be calculated in 5 29 accordance with the methods provided in this subsection and 5 30 subsection 5A, except that any references to six percent in 5 31 this subsection shall be four percent. 5 32 Sec. 2. Section 441.21, Code 2007, is amended by adding 5 33 the following new subsection: 5 34 NEW SUBSECTION. 5A. Notwithstanding the limitation of 5 35 increases for agricultural and residential property in 6 1 subsection 4 and the limitation of increases for commercial 6 2 and industrial property in subsection 5, for valuations 6 3 established for the assessment year beginning January 1, 2007, 6 4 and each year thereafter, for residential, agricultural, and 6 5 commercial property, the assessed values of these three 6 6 classes of property shall be limited to the percentage 6 7 increase of that class of property that is the lowest 6 8 percentage increase under the allowable limit adjusted to 6 9 include the applicable and current values as equalized by the 6 10 director of revenue. The lowest percentage increase 6 11 determined under this subsection shall also be applied to 6 12 industrial property in the same manner it is applied to the 6 13 other three classes of property. 6 14 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 6 15 retroactively to January 1, 2007, for assessment years 6 16 beginning on or after that date. 6 17 EXPLANATION 6 18 This bill ties together the assessment limitations of 6 19 residential, agricultural, and commercial property by limiting 6 20 the percentage increase in all of those classes of property to 6 21 the percentage increase of that class of property that is the 6 22 lowest percentage increase under the allowable (4 percent) 6 23 limit. The bill also provides that the lowest percentage 6 24 increase shall be applied to industrial property in the same 6 25 manner that it is applied to the other three classes of 6 26 property. 6 27 The bill applies retroactively to January 1, 2007, for 6 28 assessment years beginning on or after that date. 6 29 LSB 1903YH 82 6 30 sc:rj/gg/14.1