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 provided herein 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 revenue in 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 provided herein in 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