House File 2274 - Introduced HOUSE FILE 2274 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 519) A BILL FOR An Act relating to property taxation and local government 1 budgets by increasing the regular program foundation base 2 percentage, establishing a property tax exemption for 3 certain commercial and industrial property, establishing 4 and modifying property assessment limitations, providing 5 for certain property tax replacement payments, modifying 6 the assessment and taxation of telecommunications company 7 property, establishing budget limitations for counties 8 and cities, eliminating certain reporting requirements, 9 making appropriations, and including effective date and 10 applicability provisions. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 12 TLSB 5399HV (7) 84 md/sc
H.F. 2274 DIVISION I 1 EDUCATION FINANCE 2 Section 1. Section 257.1, subsection 2, paragraph b, Code 3 2011, is amended by striking the paragraph and inserting in 4 lieu thereof the following: 5 b. (1) The regular program foundation base per pupil is the 6 following: 7 (a) For the budget year commencing July 1, 2012, and the 8 budget year commencing July 1, 2013, the regular program 9 foundation base per pupil is eighty-seven and five-tenths 10 percent of the regular program state cost per pupil. 11 (b) For the budget year commencing July 1, 2014, the regular 12 program foundation base per pupil is eighty-nine and six 13 hundredths percent of the regular program state cost per pupil. 14 (c) For the budget year commencing July 1, 2015, the regular 15 program foundation base per pupil is ninety and sixty-three 16 hundredths percent of the regular program state cost per pupil. 17 (d) For the budget year commencing July 1, 2016, the regular 18 program foundation base per pupil is ninety-two and nineteen 19 hundredths percent of the regular program state cost per pupil. 20 (e) For the budget year commencing July 1, 2017, the 21 regular program foundation base per pupil is ninety-three and 22 seventy-five hundredths percent of the regular program state 23 cost per pupil. 24 (f) For the budget year commencing July 1, 2018, the regular 25 program foundation base per pupil is ninety-five and thirty-one 26 hundredths percent of the regular program state cost per pupil. 27 (g) For the budget year commencing July 1, 2019, the 28 regular program foundation base per pupil is ninety-six and 29 eighty-eight hundredths percent of the regular program state 30 cost per pupil. 31 (h) For the budget year commencing July 1, 2020, the 32 regular program foundation base per pupil is ninety-eight and 33 forty-four hundredths percent of the regular program state cost 34 per pupil. 35 -1- LSB 5399HV (7) 84 md/sc 1/ 47
H.F. 2274 (i) For the budget year commencing July 1, 2021, and 1 succeeding budget years, the regular program foundation base 2 per pupil is one hundred percent of the regular program state 3 cost per pupil. 4 (2) For each budget year, the special education support 5 services foundation base is seventy-nine percent of the special 6 education support services state cost per pupil. The combined 7 foundation base is the sum of the regular program foundation 8 base, the special education support services foundation base, 9 the total teacher salary supplement district cost, the total 10 professional development supplement district cost, the total 11 early intervention supplement district cost, the total area 12 education agency teacher salary supplement district cost, 13 and the total area education agency professional development 14 supplement district cost. 15 Sec. 2. Section 257.4, subsection 1, paragraph b, Code 2011, 16 is amended to read as follows: 17 b. For the budget year beginning July 1, 2008, and 18 succeeding budget years beginning before July 1, 2021 , the 19 department of management shall annually determine an adjusted 20 additional property tax levy and a statewide maximum adjusted 21 additional property tax levy rate, not to exceed the statewide 22 average additional property tax levy rate, calculated by 23 dividing the total adjusted additional property tax levy 24 dollars statewide by the statewide total net taxable valuation. 25 For purposes of this paragraph, the adjusted additional 26 property tax levy shall be that portion of the additional 27 property tax levy corresponding to the state cost per pupil 28 multiplied by a school district’s weighted enrollment, and then 29 multiplied by one hundred percent less the regular program 30 foundation base per pupil percentage pursuant to section 31 257.1 . The For budget years beginning before July 1, 2021, the 32 district shall receive adjusted additional property tax levy 33 aid in an amount equal to the difference between the adjusted 34 additional property tax levy rate and the statewide maximum 35 -2- LSB 5399HV (7) 84 md/sc 2/ 47
H.F. 2274 adjusted additional property tax levy rate, as applied per 1 thousand dollars of assessed valuation on all taxable property 2 in the district. The statewide maximum adjusted additional 3 property tax levy rate shall be annually determined by the 4 department taking into account amounts allocated pursuant to 5 section 257.15, subsection 4 . The For budget years beginning 6 before July 1, 2021, the statewide maximum adjusted additional 7 property tax levy rate shall be annually determined by the 8 department taking into account amounts allocated pursuant to 9 section 257.15, subsection 4 , and the balance of the property 10 tax equity and relief fund created in section 257.16A at the 11 end of the calendar year. 12 Sec. 3. Section 257.15, subsection 4, Code 2011, is amended 13 to read as follows: 14 4. a. Allocations for maximum adjusted additional property 15 tax levy rate calculation and adjusted additional property 16 tax levy aid. The For fiscal years beginning before July 1, 17 2021, the department of management shall allocate from amounts 18 appropriated pursuant to section 257.16, subsection 1 , and from 19 funds appropriated from the property tax equity and relief 20 fund created in section 257.16A for the purpose of calculating 21 the statewide maximum adjusted additional property tax levy 22 rate and providing adjusted additional property tax levy aid 23 as provided in section 257.4, subsection 1 , paragraph “b” , 24 an amount equal to the sum of subparagraphs (1) and (2) as 25 follows: 26 (1) From the amount appropriated from the general fund of 27 the state pursuant to section 257.16, subsection 1 , equal to 28 the following: 29 (a) For the budget year beginning July 1, 2006, six million 30 dollars. 31 (b) For the budget year beginning July 1, 2007, twelve 32 million dollars. 33 (c) For the budget year beginning July 1, 2008, eighteen 34 million dollars. 35 -3- LSB 5399HV (7) 84 md/sc 3/ 47
H.F. 2274 (d) For the budget year beginning July 1, 2009, and 1 succeeding budget years beginning before July 1, 2021 , 2 twenty-four million dollars. 3 (2) From the amount appropriated from the property tax 4 equity and relief fund created in section 257.16A . 5 b. After lowering all school district additional property 6 tax levy rates to the statewide maximum adjusted additional 7 property tax levy rate under paragraph “a” , the department of 8 management shall use any remaining funds at the end of the 9 calendar year to further lower additional property taxes by 10 increasing for the budget year beginning the following July 11 1, the state foundation base percentage. If, however, the 12 state foundation base percentage is one hundred percent, the 13 department of management shall deposit those remaining funds 14 in the taxpayers trust fund created in section 8.57E. Moneys 15 used pursuant to this paragraph shall supplant an equal amount 16 of the appropriation made from the general fund of the state 17 pursuant to section 257.16 that represents the increase in 18 state foundation aid. 19 Sec. 4. Section 257.16A, subsections 2 and 3, Code 2011, are 20 amended to read as follows: 21 2. There For fiscal years beginning before July 1, 2021, 22 there is appropriated annually all moneys in the fund to the 23 department of management for purposes of section 257.15, 24 subsection 4 . 25 3. Notwithstanding Except as provided in subsection 4, 26 and notwithstanding section 8.33 , any moneys remaining in the 27 property tax equity and relief fund at the end of a fiscal year 28 shall not revert to any other fund but shall remain in the 29 property tax equity and relief fund for use as provided in this 30 section for the following fiscal year. 31 Sec. 5. Section 257.16A, Code 2011, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 4. Any moneys in the property tax equity 34 and relief fund on June 30, 2021, shall be deposited by the 35 -4- LSB 5399HV (7) 84 md/sc 4/ 47
H.F. 2274 department of management in the taxpayers trust fund created 1 in section 8.57E. 2 Sec. 6. Section 423F.2, subsection 3, Code 2011, is amended 3 to read as follows: 4 3. The moneys available in a fiscal year in the secure an 5 advanced vision for education fund shall be distributed by the 6 department of revenue to each school district in an amount 7 equal to the amount the school district would have received 8 pursuant to the formula in section 423E.4 as if the local 9 sales and services tax for school infrastructure purposes was 10 imposed. Moneys collected in a fiscal year beginning before 11 July 1, 2019, that are in excess of that needed to provide each 12 school district with its formula amount shall be distributed 13 and credited to the property tax equity and relief fund 14 created in section 257.16A . Moneys collected in a fiscal year 15 beginning on or after July 1, 2019, that are in excess of that 16 amount needed to provide each school district with its formula 17 amount shall be deposited in the taxpayers trust fund created 18 in section 8.57E. 19 DIVISION II 20 PROPERTY TAX EXEMPTION AND ASSESSMENT LIMITATIONS —— PROPERTY 21 TAX REPLACEMENT 22 Sec. 7. Section 257.3, subsection 1, Code 2011, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . d. The amount paid to each school district 25 for the commercial and industrial property tax replacement 26 claim under section 441.21A shall be regarded as property tax. 27 The portion of the payment which is foundation property tax 28 shall be determined by applying the foundation property tax 29 rate to the amount computed under section 441.21A, subsection 30 4, paragraph “a” , and such amount shall be prorated pursuant to 31 section 441.21A, subsection 2, if applicable. 32 Sec. 8. Section 331.512, Code 2011, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 13A. Carry out duties relating to the 35 -5- LSB 5399HV (7) 84 md/sc 5/ 47
H.F. 2274 calculation and payment of commercial and industrial property 1 tax replacement claims under section 441.21A. 2 Sec. 9. Section 331.512, Code 2011, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 13B. Carry out duties relating to the 5 commercial and industrial property tax exemption as provided in 6 section 427.1, subsection 38. 7 Sec. 10. Section 331.559, Code 2011, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 25A. Carry out duties relating to the 10 calculation and payment of commercial and industrial property 11 tax replacement claims under section 441.21A. 12 Sec. 11. Section 427.1, Code Supplement 2011, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 38. Commercial and industrial property. 15 a. Property that is not located in an urban renewal area 16 for which an ordinance providing for a division of revenue 17 was adopted before January 1, 2012, and is in effect on the 18 date of the assessment and that is classified for property tax 19 purposes as either commercial property or industrial property. 20 For assessment years beginning on or after January 1, 2013, 21 but before January 1, 2018, the exemption provided under 22 this subsection is limited to an amount of actual value of 23 the property equal to fifteen percent of either four hundred 24 thousand dollars or the actual value of the property, whichever 25 is less. For the assessment year beginning on January 1, 2018, 26 the exemption provided under this subsection is limited to an 27 amount of actual value of the property equal to ten percent 28 of either four hundred thousand dollars or the actual value 29 of the property, whichever is less. For the assessment year 30 beginning on January 1, 2019, the exemption provided under 31 this subsection is limited to an amount of actual value of the 32 property equal to five percent of either four hundred thousand 33 dollars or the actual value of the property, whichever is less. 34 b. If property that is eligible for the exemption under this 35 -6- LSB 5399HV (7) 84 md/sc 6/ 47
H.F. 2274 subsection also receives a property tax exemption under another 1 provision of law for the same assessment year, the amount of 2 the exemption determined under this subsection shall be reduced 3 by the amount of the other exemption. 4 c. Wind energy conversion property as defined in section 5 427B.26 is not eligible for the exemption provided under this 6 subsection. 7 d. Upon receiving the appropriate valuation information and 8 data from the assessor, the county auditor shall calculate the 9 amount of each exemption under this subsection and shall enter 10 such exemption amounts in the county system. 11 Sec. 12. Section 441.21, subsection 4, Code Supplement 12 2011, is amended to read as follows: 13 4. For valuations established as of January 1, 1979, 14 the percentage of actual value at which agricultural and 15 residential property shall be assessed shall be the quotient 16 of the dividend and divisor as defined in this section . The 17 dividend for each class of property shall be the dividend 18 as determined for each class of property for valuations 19 established as of January 1, 1978, adjusted by the product 20 obtained by multiplying the percentage determined for that 21 year by the amount of any additions or deletions to actual 22 value, excluding those resulting from the revaluation of 23 existing properties, as reported by the assessors on the 24 abstracts of assessment for 1978, plus six percent of the 25 amount so determined. However, if the difference between the 26 dividend so determined for either class of property and the 27 dividend for that class of property for valuations established 28 as of January 1, 1978, adjusted by the product obtained by 29 multiplying the percentage determined for that year by the 30 amount of any additions or deletions to actual value, excluding 31 those resulting from the revaluation of existing properties, 32 as reported by the assessors on the abstracts of assessment 33 for 1978, is less than six percent, the 1979 dividend for the 34 other class of property shall be the dividend as determined for 35 -7- LSB 5399HV (7) 84 md/sc 7/ 47
H.F. 2274 that class of property for valuations established as of January 1 1, 1978, adjusted by the product obtained by multiplying 2 the percentage determined for that year by the amount of 3 any additions or deletions to actual value, excluding those 4 resulting from the revaluation of existing properties, as 5 reported by the assessors on the abstracts of assessment for 6 1978, plus a percentage of the amount so determined which is 7 equal to the percentage by which the dividend as determined 8 for the other class of property for valuations established 9 as of January 1, 1978, adjusted by the product obtained by 10 multiplying the percentage determined for that year by the 11 amount of any additions or deletions to actual value, excluding 12 those resulting from the revaluation of existing properties, 13 as reported by the assessors on the abstracts of assessment 14 for 1978, is increased in arriving at the 1979 dividend for 15 the other class of property. The divisor for each class 16 of property shall be the total actual value of all such 17 property in the state in the preceding year, as reported by 18 the assessors on the abstracts of assessment submitted for 19 1978, plus the amount of value added to said total actual 20 value by the revaluation of existing properties in 1979 as 21 equalized by the director of revenue pursuant to section 22 441.49 . The director shall utilize information reported on 23 abstracts of assessment submitted pursuant to section 441.45 24 in determining such percentage. For valuations established 25 as of January 1, 1980, and each assessment year thereafter 26 beginning before January 1, 2013 , the percentage of actual 27 value as equalized by the director of revenue as provided 28 in section 441.49 at which agricultural and residential 29 property shall be assessed shall be calculated in accordance 30 with the methods provided herein including the limitation of 31 increases in agricultural and residential assessed values to 32 the percentage increase of the other class of property if the 33 other class increases less than the allowable limit adjusted to 34 include the applicable and current values as equalized by the 35 -8- LSB 5399HV (7) 84 md/sc 8/ 47
H.F. 2274 director of revenue, except that any references to six percent 1 in this subsection shall be four percent. For valuations 2 established as of January 1, 2013, and each assessment year 3 thereafter, the percentage of actual value as equalized by the 4 director of revenue as provided in section 441.49 at which 5 agricultural and residential property shall be assessed shall 6 be calculated in accordance with the methods provided herein 7 including the limitation of increases in agricultural and 8 residential assessed values to the percentage increase of the 9 other class of property if the other class increases less 10 than the allowable limit adjusted to include the applicable 11 and current values as equalized by the director of revenue, 12 except that any references to six percent in this subsection 13 shall be two percent. However, for valuations established 14 as of January 1, 2013, and each assessment year thereafter, 15 the percentage of actual value as equalized by the director 16 of revenue as provided in section 441.49 at which residential 17 property shall be assessed, as calculated in accordance with 18 the methods provided herein, shall not exceed the percentage of 19 actual value at which property assessed as commercial property 20 is assessed under subsection 5, paragraph “b” , for the same 21 assessment year. 22 Sec. 13. Section 441.21, subsection 5, Code Supplement 23 2011, is amended to read as follows: 24 5. a. For valuations established as of January 1, 1979, 25 commercial property and industrial property, excluding 26 properties referred to in section 427A.1, subsection 8 , shall 27 be assessed as a percentage of the actual value of each class 28 of property. The percentage shall be determined for each 29 class of property by the director of revenue for the state in 30 accordance with the provisions of this section . For valuations 31 established as of January 1, 1979, the percentage shall be 32 the quotient of the dividend and divisor as defined in this 33 section . The dividend for each class of property shall be the 34 total actual valuation for each class of property established 35 -9- LSB 5399HV (7) 84 md/sc 9/ 47
H.F. 2274 for 1978, plus six percent of the amount so determined. The 1 divisor for each class of property shall be the valuation 2 for each class of property established for 1978, as reported 3 by the assessors on the abstracts of assessment for 1978, 4 plus the amount of value added to the total actual value by 5 the revaluation of existing properties in 1979 as equalized 6 by the director of revenue pursuant to section 441.49 . For 7 valuations established as of January 1, 1979, property valued 8 by the department of revenue pursuant to chapters 428 , 433 , 9 437 , and 438 shall be considered as one class of property and 10 shall be assessed as a percentage of its actual value. The 11 percentage shall be determined by the director of revenue in 12 accordance with the provisions of this section . For valuations 13 established as of January 1, 1979, the percentage shall be 14 the quotient of the dividend and divisor as defined in this 15 section . The dividend shall be the total actual valuation 16 established for 1978 by the department of revenue, plus ten 17 percent of the amount so determined. The divisor for property 18 valued by the department of revenue pursuant to chapters 428 , 19 433 , 437 , and 438 shall be the valuation established for 1978, 20 plus the amount of value added to the total actual value by 21 the revaluation of the property by the department of revenue 22 as of January 1, 1979. For valuations established as of 23 January 1, 1980, commercial property and industrial property, 24 excluding properties referred to in section 427A.1, subsection 25 8 , shall be assessed at a percentage of the actual value of 26 each class of property. The percentage shall be determined 27 for each class of property by the director of revenue for the 28 state in accordance with the provisions of this section . For 29 valuations established as of January 1, 1980, the percentage 30 shall be the quotient of the dividend and divisor as defined in 31 this section . The dividend for each class of property shall 32 be the dividend as determined for each class of property for 33 valuations established as of January 1, 1979, adjusted by the 34 product obtained by multiplying the percentage determined 35 -10- LSB 5399HV (7) 84 md/sc 10/ 47
H.F. 2274 for that year by the amount of any additions or deletions to 1 actual value, excluding those resulting from the revaluation 2 of existing properties, as reported by the assessors on the 3 abstracts of assessment for 1979, plus four percent of the 4 amount so determined. The divisor for each class of property 5 shall be the total actual value of all such property in 1979, 6 as equalized by the director of revenue pursuant to section 7 441.49 , plus the amount of value added to the total actual 8 value by the revaluation of existing properties in 1980. The 9 director shall utilize information reported on the abstracts of 10 assessment submitted pursuant to section 441.45 in determining 11 such percentage. For valuations established as of January 1, 12 1980, property valued by the department of revenue pursuant 13 to chapters 428 , 433 , 437 , and 438 shall be assessed at a 14 percentage of its actual value. The percentage shall be 15 determined by the director of revenue in accordance with the 16 provisions of this section . For valuations established as of 17 January 1, 1980, the percentage shall be the quotient of the 18 dividend and divisor as defined in this section . The dividend 19 shall be the total actual valuation established for 1979 by 20 the department of revenue, plus eight percent of the amount so 21 determined. The divisor for property valued by the department 22 of revenue pursuant to chapters 428 , 433 , 437 , and 438 shall be 23 the valuation established for 1979, plus the amount of value 24 added to the total actual value by the revaluation of the 25 property by the department of revenue as of January 1, 1980. 26 For valuations established as of January 1, 1981, and each 27 year thereafter, the percentage of actual value as equalized 28 by the director of revenue as provided in section 441.49 at 29 which commercial property and industrial property, excluding 30 properties referred to in section 427A.1, subsection 8 , shall 31 be assessed shall be calculated in accordance with the methods 32 provided herein, except that any references to six percent 33 in this subsection shall be four percent. For valuations 34 established as of January 1, 1981, and each year thereafter, 35 -11- LSB 5399HV (7) 84 md/sc 11/ 47
H.F. 2274 the percentage of actual value at which property valued by 1 the department of revenue pursuant to chapters 428 , 433 , 437 , 2 and 438 shall be assessed shall be calculated in accordance 3 with the methods provided herein, except that any references 4 to ten percent in this subsection shall be eight percent. 5 Beginning with valuations established as of January 1, 1979, 6 and each assessment year thereafter beginning before January 7 1, 2013 , property valued by the department of revenue pursuant 8 to chapter 434 shall also be assessed at a percentage of its 9 actual value which percentage shall be equal to the percentage 10 determined by the director of revenue for commercial property, 11 industrial property, or property valued by the department of 12 revenue pursuant to chapters 428 , 433 , 437 , and 438 , whichever 13 is lowest. For valuations established on or after January 1, 14 2013, property valued by the department of revenue pursuant 15 to chapter 434 that is not located in an urban renewal area 16 for which an ordinance providing for a division of revenue was 17 adopted before January 1, 2012, and is in effect on the date 18 of the assessment shall be assessed at a percentage of its 19 actual value equal to the percentage of actual value at which 20 property assessed as commercial property is assessed for the 21 same assessment year under paragraph “b” . 22 b. For valuations established on or after January 1, 2013, 23 commercial property that is not located in an urban renewal 24 area for which an ordinance providing for a division of revenue 25 was adopted before January 1, 2012, and is in effect on the 26 date of the assessment, and excluding properties referred 27 to in section 427A.1, subsection 8, shall be assessed as a 28 percentage of its actual value, as determined in this paragraph 29 “b” . For valuations established for the assessment year 30 beginning January 1, 2013, the percentage of actual value as 31 equalized by the director of revenue as provided in section 32 441.49 at which such commercial property shall be assessed 33 shall be ninety-five percent. For valuations established for 34 the assessment year beginning January 1, 2014, the percentage 35 -12- LSB 5399HV (7) 84 md/sc 12/ 47
H.F. 2274 of actual value as equalized by the director of revenue as 1 provided in section 441.49 at which such commercial property 2 shall be assessed shall be ninety percent. For valuations 3 established for the assessment year beginning January 1, 2015, 4 the percentage of actual value as equalized by the director of 5 revenue as provided in section 441.49 at which such commercial 6 property shall be assessed shall be eighty-five percent. For 7 valuations established for the assessment year beginning 8 January 1, 2016, the percentage of actual value as equalized by 9 the director of revenue as provided in section 441.49 at which 10 such commercial property shall be assessed shall be eighty 11 percent. For valuations established for the assessment year 12 beginning January 1, 2017, the percentage of actual value as 13 equalized by the director of revenue as provided in section 14 441.49 at which such commercial property shall be assessed 15 shall be seventy-five percent. For valuations established for 16 the assessment year beginning January 1, 2018, the percentage 17 of actual value as equalized by the director of revenue as 18 provided in section 441.49 at which such commercial property 19 shall be assessed shall be seventy percent. For valuations 20 established for the assessment year beginning January 1, 2019, 21 the percentage of actual value as equalized by the director of 22 revenue as provided in section 441.49 at which such commercial 23 property shall be assessed shall be sixty-five percent. For 24 valuations established for the assessment year beginning 25 January 1, 2020, and each assessment year thereafter, the 26 percentage of actual value as equalized by the director of 27 revenue as provided in section 441.49 at which such commercial 28 property shall be assessed shall be sixty percent. 29 c. For valuations established on or after January 1, 30 2013, industrial property that is not located in an urban 31 renewal area for which an ordinance providing for a division 32 of revenue was adopted before January 1, 2012, and is in 33 effect on the date of the assessment, and excluding properties 34 referred to in section 427A.1, subsection 8, shall be assessed 35 -13- LSB 5399HV (7) 84 md/sc 13/ 47
H.F. 2274 as a percentage of its actual value, as determined in this 1 paragraph “c” . For valuations established for the assessment 2 year beginning January 1, 2013, the percentage of actual value 3 as equalized by the director of revenue as provided in section 4 441.49 at which such industrial property shall be assessed 5 shall be ninety-five percent. For valuations established for 6 the assessment year beginning January 1, 2014, the percentage 7 of actual value as equalized by the director of revenue as 8 provided in section 441.49 at which such industrial property 9 shall be assessed shall be ninety percent. For valuations 10 established for the assessment year beginning January 1, 2015, 11 the percentage of actual value as equalized by the director of 12 revenue as provided in section 441.49 at which such industrial 13 property shall be assessed shall be eighty-five percent. For 14 valuations established for the assessment year beginning 15 January 1, 2016, the percentage of actual value as equalized by 16 the director of revenue as provided in section 441.49 at which 17 such industrial property shall be assessed shall be eighty 18 percent. For valuations established for the assessment year 19 beginning January 1, 2017, the percentage of actual value as 20 equalized by the director of revenue as provided in section 21 441.49 at which such industrial property shall be assessed 22 shall be seventy-five percent. For valuations established for 23 the assessment year beginning January 1, 2018, the percentage 24 of actual value as equalized by the director of revenue as 25 provided in section 441.49 at which such industrial property 26 shall be assessed shall be seventy percent. For valuations 27 established for the assessment year beginning January 1, 2019, 28 the percentage of actual value as equalized by the director of 29 revenue as provided in section 441.49 at which such industrial 30 property shall be assessed shall be sixty-five percent. For 31 valuations established for the assessment year beginning 32 January 1, 2020, and each assessment year thereafter, the 33 percentage of actual value as equalized by the director of 34 revenue as provided in section 441.49 at which such industrial 35 -14- LSB 5399HV (7) 84 md/sc 14/ 47
H.F. 2274 property shall be assessed shall be sixty percent. 1 Sec. 14. NEW SECTION . 441.21A Commercial and industrial 2 property tax replacement fund —— replacement claims. 3 1. a. The commercial and industrial property tax 4 replacement fund is created in the state treasury under 5 the control of the department of revenue for the payment of 6 commercial and industrial property tax replacement claims in 7 fiscal years beginning on or after July 1, 2014. 8 b. For the fiscal year beginning July 1, 2014, there 9 is appropriated from the general fund of the state to the 10 department of revenue to be credited to the fund, one hundred 11 million dollars. For the fiscal year beginning July 1, 2015, 12 there is appropriated from the general fund of the state to 13 the department of revenue to be credited to the fund, one 14 hundred fifty million dollars. For the fiscal year beginning 15 July 1, 2016, there is appropriated from the general fund of 16 the state to the department of revenue to be credited to the 17 fund, one hundred eighty million dollars. For the fiscal year 18 beginning July 1, 2017, there is appropriated from the general 19 fund of the state to the department of revenue to be credited 20 to the fund, two hundred ten million dollars. For the fiscal 21 year beginning July 1, 2018, and each fiscal year thereafter, 22 there is appropriated from the general fund of the state to the 23 department of revenue to be credited to the fund, two hundred 24 forty million dollars. 25 2. Beginning with the fiscal year beginning July 1, 2014, 26 each county treasurer shall be paid from the commercial and 27 industrial property tax replacement fund an amount equal to 28 the amount of the commercial and industrial property tax 29 replacement claims in the county, as calculated in subsection 30 4. If an amount appropriated for a fiscal year is insufficient 31 to pay all replacement claims, the director of revenue 32 shall prorate the disbursements from the fund to the county 33 treasurers and shall notify the county auditors of the pro rata 34 percentage on or before September 30. Any unspent balance in 35 -15- LSB 5399HV (7) 84 md/sc 15/ 47
H.F. 2274 the fund as of June 30 of each year shall revert to the general 1 fund of the state as provided by section 8.33. 2 3. On or before July 1 of each fiscal year beginning on 3 or after July 1, 2014, the assessor shall determine the total 4 assessed value of all commercial property, industrial property, 5 and property assessed by the department of revenue pursuant to 6 chapter 434 assessed for taxes due and payable in that fiscal 7 year and the total assessed value of such property assessed 8 as of January 1, 2012, and shall report the valuations to the 9 county auditor. 10 4. On or before September 1 of each fiscal year beginning 11 on or after July 1, 2014, the county auditor shall prepare 12 a statement, based upon the report received pursuant to 13 subsection 3, listing for each taxing district in the county: 14 a. The difference between the assessed valuation of all 15 commercial property, industrial property, and property assessed 16 by the department of revenue pursuant to chapter 434 assessed 17 for the current assessment year, beginning with the assessment 18 year beginning January 1, 2013, and the assessed value of all 19 commercial property, industrial property, and property assessed 20 by the department of revenue pursuant to chapter 434 assessed 21 as of January 1, 2012. If the assessed value of all commercial 22 property, industrial property, and property assessed by the 23 department of revenue pursuant to chapter 434 assessed as of 24 January 1, 2012, is less than the assessed valuation of all 25 commercial property, industrial property, and property assessed 26 by the department of revenue pursuant to chapter 434 for the 27 current assessment year, there is no tax replacement for that 28 taxing district for the fiscal year. 29 b. The tax levy rate for each taxing district for that 30 fiscal year. 31 c. The commercial and industrial property tax replacement 32 claim for each taxing district. For fiscal years beginning on 33 or after July 1, 2014, the replacement claim is equal to the 34 amount determined pursuant to paragraph “a” , multiplied by the 35 -16- LSB 5399HV (7) 84 md/sc 16/ 47
H.F. 2274 tax rate specified in paragraph “b” . 1 5. For purposes of computing replacement amounts under 2 this section, that portion of an urban renewal area defined as 3 the sum of the assessed valuations defined in section 403.19, 4 subsections 1 and 2, shall not be considered a taxing district. 5 6. a. The county auditor shall certify and forward one copy 6 of the statement to the department of revenue not later than 7 September 1 of each year. 8 b. The replacement claims shall be paid to each county 9 treasurer in equal installments in September and March of each 10 year. The county treasurer shall apportion the replacement 11 claim payments among the eligible taxing districts in the 12 county. 13 Sec. 15. SAVINGS PROVISION. This division of this Act, 14 pursuant to section 4.13, does not affect the operation of, 15 or prohibit the application of, prior provisions of section 16 441.21, or rules adopted under chapter 17A to administer prior 17 provisions of section 441.21, for assessment years beginning 18 before January 1, 2013, and for duties, powers, protests, 19 appeals, proceedings, actions, or remedies attributable to an 20 assessment year beginning before January 1, 2013. 21 Sec. 16. IMPLEMENTATION. Section 25B.7 shall not apply to 22 this division of this Act. 23 Sec. 17. APPLICABILITY. This division of this Act applies 24 to assessment years beginning on or after January 1, 2013. 25 DIVISION III 26 TELECOMMUNICATIONS PROPERTY TAX 27 Sec. 18. Section 427A.1, subsection 1, paragraph h, Code 28 2011, is amended to read as follows: 29 h. Property assessed by the department of revenue pursuant 30 to sections 428.24 to 428.29 , or chapters 433 , 434 , 437 , 437A , 31 and 438 . 32 Sec. 19. Section 433.4, Code 2011, is amended to read as 33 follows: 34 433.4 Assessment. 35 -17- LSB 5399HV (7) 84 md/sc 17/ 47
H.F. 2274 1. The director of revenue shall on or before October 31 1 each year, proceed to find the actual value of the property 2 of these companies in this state used by the companies in the 3 transaction of telegraph and telephone business , taking into 4 consideration the information obtained from the statements 5 required, and any further information the director can obtain, 6 using the same as a means for determining the actual cash value 7 of the property of these companies within this state. The 8 director shall also take into consideration the valuation of 9 all property of these companies, including franchises and the 10 use of the property in connection with lines outside the state, 11 and making these deductions as may be necessary on account of 12 extra value of property outside the state as compared with 13 the value of property in the state, in order that the actual 14 cash value of the property of the company within this state 15 may be ascertained. The assessment shall include all property 16 of every kind and character whatsoever, real, personal, or 17 mixed, used by the companies in the transaction of telegraph 18 and telephone business; and the The property so included in 19 the assessment shall not be taxed in any other manner than as 20 provided in this chapter . 21 2. a. Except as provided in paragraph “c ”, for assessment 22 years beginning on or after January 1, 2013, a company’s 23 property, excluding the property identified in paragraph “b” 24 as exempt from taxation, shall be subject to assessment and 25 taxation under this chapter by the director of revenue in 26 the same manner as property assessed and taxed as commercial 27 property under chapters 427, 427A, 427B, 428, and 441. 28 b. All of the following is exempt from taxation and shall 29 not be assessed for taxation under this chapter: 30 (1) Central office equipment. 31 (2) Transmission equipment. 32 (3) Qualified telephone company property. However, 33 qualified telephone company property shall be valued and 34 included in the company’s assessment for the assessment years, 35 -18- LSB 5399HV (7) 84 md/sc 18/ 47
H.F. 2274 and to the extent specified, in paragraph “c” . 1 c. For assessment years beginning on or after January 1, 2 2013, but before January 1, 2020, the director of revenue shall 3 include as part of the actual value determined under paragraph 4 “a” for the applicable assessment year, the following: 5 (1) For the assessment year beginning January 1, 2013, an 6 amount equal to the actual value of the company’s qualified 7 telephone company property that exceeds five million dollars. 8 (2) For the assessment year beginning January 1, 2014, an 9 amount equal to the actual value of the company’s qualified 10 telephone company property that exceeds twenty-five million 11 dollars. 12 (3) For the assessment year beginning January 1, 2015, an 13 amount equal to the actual value of the company’s qualified 14 telephone company property that exceeds fifty million dollars. 15 (4) For the assessment year beginning January 1, 2016, an 16 amount equal to the actual value of the company’s qualified 17 telephone company property that exceeds seventy-five million 18 dollars. 19 (5) For the assessment year beginning January 1, 2017, an 20 amount equal to the actual value of the company’s qualified 21 telephone company property that exceeds one hundred million 22 dollars. 23 (6) For the assessment year beginning January 1, 2018, an 24 amount equal to the actual value of the company’s qualified 25 telephone company property that exceeds one hundred twenty-five 26 million dollars. 27 (7) For the assessment year beginning January 1, 2019, an 28 amount equal to the actual value of the company’s qualified 29 telephone company property that exceeds one hundred fifty 30 million dollars. 31 Sec. 20. Section 433.12, Code 2011, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 1A. As used in this chapter, “central 34 office equipment” means equipment owned or leased by a company 35 -19- LSB 5399HV (7) 84 md/sc 19/ 47
H.F. 2274 and used in initiating, amplifying, switching, or monitoring 1 telecommunications services, including such ancillary equipment 2 necessary for the support, regulation, control, repair, or 3 testing of such equipment. 4 NEW SUBSECTION . 3. As used in this chapter, “qualified 5 telephone company property” means telephone wire, telephone 6 cable, fiber optic cable, conduit systems, poles, or other 7 equipment owned or leased by a company and used by the company 8 to transmit sound or data. 9 NEW SUBSECTION . 4. As used in this chapter, “transmission 10 equipment” means equipment owned or leased by a company and 11 used in the process of sending information from one location to 12 another location, including such ancillary equipment necessary 13 for the support, regulation, control, repair, or testing of 14 such equipment. 15 Sec. 21. Section 476.1D, subsection 10, Code Supplement 16 2011, is amended by striking the subsection. 17 Sec. 22. EFFECTIVE DATE. 18 1. Except as provided in subsection 2, this division of this 19 Act takes effect July 1, 2012. 20 2. The section of this division of this Act amending section 21 476.1D takes effect July 1, 2019. 22 Sec. 23. APPLICABILITY. 23 1. Except as provided in subsection 2, this division of this 24 Act applies to assessment years beginning on or after January 25 1, 2013. 26 2. The section of this division of this Act amending section 27 476.1D applies to assessment years beginning on or after 28 January 1, 2020. 29 DIVISION IV 30 COUNTY AND CITY BUDGET LIMITATION 31 Sec. 24. Section 23A.2, subsection 10, paragraph h, Code 32 2011, is amended to read as follows: 33 h. The performance of an activity listed in section 331.424 , 34 Code 2011, as a service for which a supplemental levy county 35 -20- LSB 5399HV (7) 84 md/sc 20/ 47
H.F. 2274 may be certified include in its budget . 1 Sec. 25. Section 28M.5, subsection 2, Code 2011, is amended 2 to read as follows: 3 2. If a regional transit district budget allocates 4 revenue responsibilities to the board of supervisors of a 5 participating county, the amount of the regional transit 6 district levy that is the responsibility of the participating 7 county shall be deducted from the maximum rates amount of taxes 8 authorized to be levied by the county pursuant to section 9 331.423 , subsections 1 and 2 subsection 3, paragraphs “b” 10 and “c” , as applicable, unless the county meets its revenue 11 responsibilities as allocated in the budget from other 12 available revenue sources. However, for a regional transit 13 district that includes a county with a population of less than 14 three hundred thousand, the amount of the regional transit 15 district levy that is the responsibility of such participating 16 county shall be deducted from the maximum rate amount of taxes 17 authorized to be levied by the county pursuant to section 18 331.423, subsection 1 3, paragraph “b” . 19 Sec. 26. Section 123.38, subsection 2, Code 2011, is amended 20 to read as follows: 21 2. Any licensee or permittee, or the licensee’s or 22 permittee’s executor or administrator, or any person duly 23 appointed by the court to take charge of and administer the 24 property or assets of the licensee or permittee for the benefit 25 of the licensee’s or permittee’s creditors, may voluntarily 26 surrender a license or permit to the division. When a license 27 or permit is surrendered the division shall notify the local 28 authority, and the division or the local authority shall 29 refund to the person surrendering the license or permit, a 30 proportionate amount of the fee received by the division or 31 the local authority for the license or permit as follows: if 32 a license or permit is surrendered during the first three 33 months of the period for which it was issued, the refund shall 34 be three-fourths of the amount of the fee; if surrendered 35 -21- LSB 5399HV (7) 84 md/sc 21/ 47
H.F. 2274 more than three months but not more than six months after 1 issuance, the refund shall be one-half of the amount of the 2 fee; if surrendered more than six months but not more than 3 nine months after issuance, the refund shall be one-fourth of 4 the amount of the fee. No refund shall be made, however, for 5 any special liquor permit, nor for a liquor control license, 6 wine permit, or beer permit surrendered more than nine months 7 after issuance. For purposes of this subsection, any portion 8 of license or permit fees used for the purposes authorized in 9 section 331.424, subsection 1 , paragraph “a” , subparagraphs 10 (1) and (2), Code 2011, and in section 331.424A , shall not be 11 deemed received either by the division or by a local authority. 12 No refund shall be made to any licensee or permittee, upon the 13 surrender of the license or permit, if there is at the time 14 of surrender, a complaint filed with the division or local 15 authority, charging the licensee or permittee with a violation 16 of this chapter . If upon a hearing on a complaint the license 17 or permit is not revoked or suspended, then the licensee or 18 permittee is eligible, upon surrender of the license or permit, 19 to receive a refund as provided in this section ; but if the 20 license or permit is revoked or suspended upon hearing the 21 licensee or permittee is not eligible for the refund of any 22 portion of the license or permit fee. 23 Sec. 27. Section 218.99, Code 2011, is amended to read as 24 follows: 25 218.99 Counties to be notified of patients’ personal 26 accounts. 27 The administrator in control of a state institution shall 28 direct the business manager of each institution under the 29 administrator’s jurisdiction which is mentioned in section 30 331.424, subsection 1 , paragraph “a” , subparagraphs (1) 31 and (2), and for which services are paid under section 32 331.424A , to quarterly inform the county of legal settlement’s 33 entity designated to perform the county’s central point of 34 coordination process of any patient or resident who has an 35 -22- LSB 5399HV (7) 84 md/sc 22/ 47
H.F. 2274 amount in excess of two hundred dollars on account in the 1 patients’ personal deposit fund and the amount on deposit. The 2 administrators shall direct the business manager to further 3 notify the entity designated to perform the county’s central 4 point of coordination process at least fifteen days before the 5 release of funds in excess of two hundred dollars or upon the 6 death of the patient or resident. If the patient or resident 7 has no county of legal settlement, notice shall be made to the 8 director of human services and the administrator in control of 9 the institution involved. 10 Sec. 28. Section 331.263, subsection 2, Code 2011, is 11 amended to read as follows: 12 2. The governing body of the community commonwealth 13 shall have the authority to levy county taxes and shall 14 have the authority to levy city taxes to the extent the 15 city tax levy authority is transferred by the charter to 16 the community commonwealth. A city participating in the 17 community commonwealth shall transfer a portion of the 18 city’s tax levy authorized under section 384.1 or 384.12 , 19 whichever is applicable, to the governing body of the community 20 commonwealth. The maximum rates amount of taxes authorized to 21 be levied under sections section 384.1 and the maximum amount 22 of taxes authorized to be levied under section 384.12 by a city 23 participating in the community commonwealth shall be reduced 24 by an amount equal to the rates of the same or similar taxes 25 levied in the city by the governing body of the community 26 commonwealth. 27 Sec. 29. Section 331.301, subsection 12, Code Supplement 28 2011, is amended to read as follows: 29 12. The board of supervisors may credit funds to a reserve 30 for the purposes authorized by subsection 11 of this section ; 31 section 331.424, subsection 1 , paragraph “a” , subparagraph 32 (6); and section 331.441, subsection 2 , paragraph “b” . Moneys 33 credited to the reserve, and interest earned on such moneys, 34 shall remain in the reserve until expended for purposes 35 -23- LSB 5399HV (7) 84 md/sc 23/ 47
H.F. 2274 authorized by subsection 11 of this section ; section 331.424, 1 subsection 1 , paragraph “a” , subparagraph (6); or section 2 331.441, subsection 2 , paragraph “b” . 3 Sec. 30. Section 331.421, subsections 1 and 10, Code 2011, 4 are amended by striking the subsections. 5 Sec. 31. Section 331.421, Code 2011, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 7A. “Item” means a budgeted expenditure, 8 appropriation, or cash reserve from a fund for a service area, 9 program, program element, or purpose. 10 Sec. 32. Section 331.423, Code 2011, is amended by striking 11 the section and inserting in lieu thereof the following: 12 331.423 Property tax dollars —— maximums. 13 1. Annually, the board shall determine separate property 14 tax levy limits to pay for general county services and rural 15 county services in accordance with this section. The property 16 tax levies separately certified for general county services and 17 rural county services under section 331.434 shall not raise 18 property tax dollars that exceed the amount determined under 19 this section. 20 2. For purposes of this section and section 331.423B, unless 21 the context otherwise requires: 22 a. “Annual growth factor” means an index, expressed as 23 a percentage, determined by the department of management by 24 January 1 of the calendar year in which the budget year begins. 25 In determining the annual growth factor, the department shall 26 calculate the average of the preceding twelve-month percentage 27 change, which shall be computed on a monthly basis, in the 28 midwest consumer price index, ending with the percentage change 29 for the month of November. The department shall then add that 30 average percentage change to one hundred percent. In no case, 31 however, shall the annual growth factor exceed one hundred four 32 percent. 33 b. “Boundary adjustment” means annexation, severance, 34 incorporation, or discontinuance as those terms are defined in 35 -24- LSB 5399HV (7) 84 md/sc 24/ 47
H.F. 2274 section 368.1. 1 c. “Budget year” is the fiscal year beginning during the 2 calendar year in which a budget is certified. 3 d. “Current fiscal year” is the fiscal year ending during 4 the calendar year in which a budget is certified. 5 e. “Net new valuation taxes” means the amount of property 6 tax dollars equal to the current fiscal year’s levy rate in 7 the county for general county services or for rural county 8 services, as applicable, multiplied by the increase from the 9 current fiscal year to the budget year in taxable valuation due 10 to the following: 11 (1) Net new construction, excluding all incremental 12 valuation that is released in any one year from either a 13 division of revenue under section 260E.4 or an urban renewal 14 area for which taxes were being divided under section 403.19 if 15 the property for the valuation being released remains subject 16 to the division of revenue under section 260E.4 or remains part 17 of the urban renewal area that is subject to a division of 18 revenue under section 403.19. 19 (2) Additions or improvements to existing structures. 20 (3) Remodeling of existing structures for which a building 21 permit is required. 22 (4) Net boundary adjustment. 23 (5) A municipality no longer dividing tax revenues in an 24 urban renewal area as provided in section 403.19 or a community 25 college no longer dividing revenues as provided in section 26 260E.4. 27 (6) That portion of taxable property located in an urban 28 revitalization area on which an exemption was allowed and such 29 exemption has expired. 30 3. a. For the fiscal year beginning July 1, 2013, and 31 subsequent fiscal years, the maximum amount of property tax 32 dollars which may be certified for levy by a county for general 33 county services and rural county services shall be the maximum 34 property tax dollars calculated under paragraphs “b” and “c” , 35 -25- LSB 5399HV (7) 84 md/sc 25/ 47
H.F. 2274 respectively. 1 b. The maximum property tax dollars that may be levied for 2 general county services is an amount equal to the sum of the 3 following: 4 (1) The annual growth factor times the current fiscal year’s 5 maximum property tax dollars for general county services. 6 (2) The amount of net new valuation taxes in the county. 7 c. The maximum property tax dollars that may be levied for 8 rural county services is an amount equal to the sum of the 9 following: 10 (1) The annual growth factor times the current fiscal year’s 11 maximum property tax dollars for rural county services. 12 (2) The amount of net new valuation taxes in the 13 unincorporated area of the county. 14 4. a. For purposes of calculating maximum property tax 15 dollars for general county services for the fiscal year 16 beginning July 1, 2013, only, the term “current fiscal year’s 17 maximum property tax dollars” shall mean the total amount of 18 property tax dollars certified by the county for general county 19 services for the fiscal year beginning July 1, 2012. 20 b. For purposes of calculating maximum property tax dollars 21 for rural county services for the fiscal year beginning July 22 1, 2013, only, the term “current fiscal year’s maximum property 23 tax dollars” shall mean the total amount of property tax dollars 24 certified by the county for rural county services for the 25 fiscal year beginning July 1, 2012. 26 5. Property taxes certified for mental health, mental 27 retardation, and developmental disabilities services, the 28 emergency services fund in section 331.424C, the debt service 29 fund in section 331.430, any capital projects fund established 30 by the county for deposit of bond, loan, or note proceeds, and 31 any temporary increase approved pursuant to section 331.424, 32 are not included in the maximum amount of property tax dollars 33 that may be certified for a budget year under subsection 3. 34 6. The department of management, in consultation with the 35 -26- LSB 5399HV (7) 84 md/sc 26/ 47
H.F. 2274 county finance committee, shall adopt rules to administer this 1 section. The department shall prescribe forms to be used by 2 counties when making calculations required by this section. 3 Sec. 33. NEW SECTION . 331.423B Ending fund balance. 4 1. a. Budgeted ending fund balances for a budget year 5 in excess of twenty-five percent of budgeted expenditures in 6 either the general fund or rural services fund for that budget 7 year shall be explicitly reserved or designated for a specific 8 purpose. 9 b. A county is encouraged, but not required, to reduce 10 budgeted, unreserved, or undesignated ending fund balances for 11 the budget year to an amount equal to approximately twenty-five 12 percent of budgeted expenditures and transfers from the general 13 fund and rural services fund for that budget year unless a 14 decision is certified by the state appeal board ordering a 15 reduction in the ending fund balance of any of those funds. 16 c. In a protest to the county budget under section 331.436, 17 the county shall have the burden of proving that the budgeted 18 balances in excess of twenty-five percent are reasonably likely 19 to be appropriated for the explicitly reserved or designated 20 specific purpose. The excess budgeted balance for the specific 21 purpose shall be considered an increase in an item in the 22 budget for purposes of section 24.28. 23 2. a. For a county that has, as of June 30, 2012, reduced 24 its actual ending fund balance to less than twenty-five 25 percent of actual expenditures, additional property taxes may 26 be computed and levied as provided in this subsection. The 27 additional property tax levy amount is an amount not to exceed 28 twenty-five percent of actual expenditures from the general 29 fund and rural services fund for the fiscal year beginning July 30 1, 2011, minus the combined ending fund balances for those 31 funds for that year. 32 b. The amount of the additional property taxes shall be 33 apportioned between the general fund and the rural services 34 fund. However, the amount apportioned for general county 35 -27- LSB 5399HV (7) 84 md/sc 27/ 47
H.F. 2274 services and for rural county services shall not exceed for 1 each fund twenty-five percent of actual expenditures for the 2 fiscal year beginning July 1, 2011. 3 c. All or a portion of additional property tax dollars 4 may be levied for the purpose of increasing cash reserves 5 for general county services and rural county services in the 6 budget year. The additional property tax dollars authorized 7 under this subsection but not levied may be carried forward as 8 unused ending fund balance taxing authority until and for the 9 fiscal year beginning July 1, 2018. The amount carried forward 10 shall not exceed twenty-five percent of the maximum amount of 11 property tax dollars available in the current fiscal year. 12 Additionally, property taxes that are levied as unused ending 13 fund balance taxing authority under this subsection may be the 14 subject of a protest under section 331.436, and the amount 15 will be considered an increase in an item in the budget for 16 purposes of section 24.28. The amount of additional property 17 taxes levied under this subsection shall not be included in the 18 computation of the maximum amount of property tax dollars which 19 may be certified and levied under section 331.423. 20 Sec. 34. Section 331.424, Code 2011, is amended by striking 21 the section and inserting in lieu thereof the following: 22 331.424 Authority to levy beyond maximum property tax 23 dollars. 24 1. The board may certify additions to the maximum amount 25 of property tax dollars to be levied for a period of time not 26 to exceed two years if the proposition has been submitted at a 27 special election and received a favorable majority of the votes 28 cast on the proposition. 29 2. The special election is subject to the following: 30 a. The board must give at least thirty-two days’ notice to 31 the county commissioner of elections that the special election 32 is to be held. In no case, however, shall a notice be given to 33 the county commissioner of elections after December 31 for an 34 election on a proposition to exceed the statutory limits during 35 -28- LSB 5399HV (7) 84 md/sc 28/ 47
H.F. 2274 the fiscal year beginning in the next calendar year. 1 b. The special election shall be conducted by the county 2 commissioner of elections in accordance with law. 3 c. The proposition to be submitted shall be substantially 4 in the following form: 5 Vote “yes” or “no” on the following: Shall the county of 6 _______ levy for an additional $_______ each year for ___ years 7 beginning July 1, _____, in excess of the statutory limits 8 otherwise applicable for the (general county services or rural 9 services) fund? 10 d. The canvass shall be held beginning at 1:00 p.m. on 11 the second day which is not a holiday following the special 12 election. 13 e. Notice of the special election shall be published at 14 least once in a newspaper as specified in section 331.305 prior 15 to the date of the special election. The notice shall appear 16 as early as practicable after the board has voted to submit 17 a proposition to the voters to levy additional property tax 18 dollars. 19 3. Registered voters in the county may vote on the 20 proposition to increase property taxes for the general fund 21 in excess of the statutory limit. Registered voters residing 22 outside the corporate limits of a city within the county may 23 vote on the proposition to increase property taxes for the 24 rural services fund in excess of the statutory limit. 25 4. The amount of additional property tax dollars certified 26 under this section shall not be included in the computation 27 of the maximum amount of property tax dollars which may be 28 certified and levied under section 331.423. 29 Sec. 35. Section 331.424A, subsection 4, Code Supplement 30 2011, is amended to read as follows: 31 4. For the fiscal year beginning July 1, 1996, and for each 32 subsequent fiscal year, the county shall certify a levy for 33 payment of services. For each fiscal year, county revenues 34 from taxes imposed by the county credited to the services fund 35 -29- LSB 5399HV (7) 84 md/sc 29/ 47
H.F. 2274 shall not exceed an amount equal to the amount of base year 1 expenditures for services as defined in section 331.438 , less 2 the amount of property tax relief to be received pursuant to 3 section 426B.2 , in the fiscal year for which the budget is 4 certified. The county auditor and the board of supervisors 5 shall reduce the amount of the levy certified for the services 6 fund by the amount of property tax relief to be received. A 7 levy certified under this section is not subject to the appeal 8 provisions of section 331.426 or to any other provision in law 9 authorizing a county to exceed, increase, or appeal a property 10 tax levy limit. 11 Sec. 36. Section 331.427, subsection 3, paragraph l, Code 12 2011, is amended to read as follows: 13 l. Services listed in section 331.424, subsection 1 , Code 14 2011, and section 331.554 . 15 Sec. 37. Section 331.428, subsection 2, paragraph d, Code 16 2011, is amended to read as follows: 17 d. Services listed under section 331.424, subsection 2 , Code 18 2011 . 19 Sec. 38. Section 331.434, subsection 1, Code 2011, is 20 amended to read as follows: 21 1. The budget shall show the amount required for each class 22 of proposed expenditures, a comparison of the amounts proposed 23 to be expended with the amounts expended for like purposes for 24 the two preceding years, the revenues from sources other than 25 property taxation, and the amount to be raised by property 26 taxation, in the detail and form prescribed by the director 27 of the department of management. For each county that has 28 established an urban renewal area, the budget shall include 29 estimated and actual tax increment financing revenues and all 30 estimated and actual expenditures of the revenues, proceeds 31 from debt and all estimated and actual expenditures of the 32 debt proceeds, and identification of any entity receiving a 33 direct payment of taxes funded by tax increment financing 34 revenues and shall include the total amount of loans, advances, 35 -30- LSB 5399HV (7) 84 md/sc 30/ 47
H.F. 2274 indebtedness, or bonds outstanding at the close of the most 1 recently ended fiscal year, which qualify for payment from the 2 special fund created in section 403.19 , including interest 3 negotiated on such loans, advances, indebtedness, or bonds. 4 For purposes of this subsection , “indebtedness” includes 5 written agreements whereby the county agrees to suspend, abate, 6 exempt, rebate, refund, or reimburse property taxes, provide 7 a grant for property taxes paid, or make a direct payment 8 of taxes, with moneys in the special fund. The amount of 9 loans, advances, indebtedness, or bonds shall be listed in 10 the aggregate for each county reporting. The county finance 11 committee, in consultation with the department of management 12 and the legislative services agency, shall determine reporting 13 criteria and shall prepare a form for reports filed with the 14 department pursuant to this section . The department shall make 15 the information available by electronic means. 16 Sec. 39. Section 373.10, Code 2011, is amended to read as 17 follows: 18 373.10 Taxing authority. 19 The metropolitan council shall have the authority to 20 levy city taxes to the extent the city tax levy authority 21 is transferred by the charter to the metropolitan council. 22 A member city shall transfer a portion of the city’s tax 23 levy authorized under section 384.1 or 384.12 , whichever is 24 applicable, to the metropolitan council. The maximum rates 25 amount of taxes authorized to be levied under sections section 26 384.1 and the taxes authorized to be levied under section 27 384.12 by a member city shall be reduced by an amount equal to 28 the rates of the same or similar taxes levied in the city by the 29 metropolitan council. 30 Sec. 40. Section 384.1, Code 2011, is amended by striking 31 the section and inserting in lieu thereof the following: 32 384.1 Property tax dollars —— maximums. 33 1. A city shall certify taxes to be levied by the city 34 on all taxable property within the city limits, for all city 35 -31- LSB 5399HV (7) 84 md/sc 31/ 47
H.F. 2274 government purposes. Annually, the city council may certify 1 basic levies for city government purposes, subject to the 2 limitation on property tax dollars provided in this section. 3 2. For purposes of this section and section 384.1B, unless 4 the context otherwise requires: 5 a. “Annual growth factor” means an index, expressed as 6 a percentage, determined by the department of management by 7 January 1 of the calendar year in which the budget year begins. 8 In determining the annual growth factor, the department shall 9 calculate the average of the preceding twelve-month percentage 10 change, which shall be computed on a monthly basis, in the 11 midwest consumer price index, ending with the percentage change 12 for the month of November. The department shall then add that 13 average percentage change to one hundred percent. In no case, 14 however, shall the annual growth factor exceed one hundred four 15 percent. 16 b. “Boundary adjustment” means annexation, severance, 17 incorporation, or discontinuance as those terms are defined in 18 section 368.1. 19 c. “Budget year” is the fiscal year beginning during the 20 calendar year in which a budget is certified. 21 d. “Current fiscal year” is the fiscal year ending during 22 the calendar year in which a budget is certified. 23 e. “Net new valuation taxes” means the amount of property 24 tax dollars equal to the current fiscal year’s levy rate in the 25 city for the general fund multiplied by the increase from the 26 current fiscal year to the budget year in taxable valuation due 27 to the following: 28 (1) Net new construction, excluding all incremental 29 valuation that is released in any one year from either a 30 division of revenue under section 260E.4 or an urban renewal 31 area for which taxes were being divided under section 403.19 if 32 the property for the valuation being released remains subject 33 to the division of revenue under section 260E.4 or remains part 34 of the urban renewal area that is subject to a division of 35 -32- LSB 5399HV (7) 84 md/sc 32/ 47
H.F. 2274 revenue under section 403.19. 1 (2) Additions or improvements to existing structures. 2 (3) Remodeling of existing structures for which a building 3 permit is required. 4 (4) Net boundary adjustment. 5 (5) A municipality no longer dividing tax revenues in an 6 urban renewal area as provided in section 403.19 or a community 7 college no longer dividing revenues as provided in section 8 260E.4. 9 (6) That portion of taxable property located in an urban 10 revitalization area on which an exemption was allowed and such 11 exemption has expired. 12 3. a. For the fiscal year beginning July 1, 2013, and 13 subsequent fiscal years, the maximum amount of property 14 tax dollars which may be certified for levy by a city for 15 the general fund shall be the maximum property tax dollars 16 calculated under paragraph “b” . 17 b. The maximum property tax dollars that may be levied for 18 deposit in the general fund is an amount equal to the sum of the 19 following: 20 (1) The annual growth factor times the current fiscal year’s 21 maximum property tax dollars for the general fund. 22 (2) The amount of net new valuation taxes in the city. 23 4. For purposes of calculating maximum property tax dollars 24 for the city general fund for the fiscal year beginning July 25 1, 2013, only, the term “current fiscal year’s maximum property 26 tax dollars” shall mean the total amount of property tax dollars 27 certified by the city for the city’s general fund for the 28 fiscal year beginning July 1, 2012. 29 5. Property taxes certified for deposit in the debt service 30 fund in section 384.4, trust and agency funds in section 31 384.6, capital improvements reserve fund in section 384.7, 32 the emergency fund in section 384.8, any capital projects 33 fund established by the city for deposit of bond, loan, or 34 note proceeds, any temporary increase approved pursuant to 35 -33- LSB 5399HV (7) 84 md/sc 33/ 47
H.F. 2274 section 384.12A, property taxes collected from a voted levy in 1 section 384.12, and property taxes levied under section 384.12, 2 subsection 18, are not counted against the maximum amount of 3 property tax dollars that may be certified for a fiscal year 4 under subsection 3. 5 6. Notwithstanding the maximum amount of taxes a city 6 may certify for levy, the tax levied by a city on tracts of 7 land and improvements on the tracts of land used and assessed 8 for agricultural or horticultural purposes shall not exceed 9 three dollars and three-eighths cents per thousand dollars 10 of assessed value in any year. Improvements located on such 11 tracts of land and not used for agricultural or horticultural 12 purposes and all residential dwellings are subject to the same 13 rate of tax levied by the city on all other taxable property 14 within the city. 15 7. The department of management, in consultation with the 16 city finance committee, shall adopt rules to administer this 17 section. The department shall prescribe forms to be used by 18 cities when making calculations required by this section. 19 Sec. 41. NEW SECTION . 384.1B Ending fund balance. 20 1. a. Budgeted ending fund balances for a budget year in 21 excess of twenty-five percent of budgeted expenditures from the 22 general fund for that budget year shall be explicitly reserved 23 or designated for a specific purpose. 24 b. A city is encouraged, but not required, to reduce 25 budgeted, unreserved, or undesignated ending fund balances for 26 the budget year to an amount equal to approximately twenty-five 27 percent of budgeted expenditures and transfers from the general 28 fund for that budget year unless a decision is certified by 29 the state appeal board ordering a reduction in the ending fund 30 balance of the fund. 31 c. In a protest to the city budget under section 384.19, 32 the city shall have the burden of proving that the budgeted 33 balances in excess of twenty-five percent are reasonably likely 34 to be appropriated for the explicitly reserved or designated 35 -34- LSB 5399HV (7) 84 md/sc 34/ 47
H.F. 2274 specific purpose. The excess budgeted balance for the specific 1 purpose shall be considered an increase in an item in the 2 budget for purposes of section 24.28. 3 2. a. For a city that has, as of June 30, 2012, reduced its 4 ending fund balance to less than twenty-five percent of actual 5 expenditures, additional property taxes may be computed and 6 levied as provided in this subsection. The additional property 7 tax levy amount is an amount not to exceed the difference 8 between twenty-five percent of actual expenditures for city 9 government purposes for the fiscal year beginning July 1, 2011, 10 minus the ending fund balance for that year. 11 b. All or a portion of additional property tax dollars 12 may be levied for the purpose of increasing cash reserves for 13 city government purposes in the budget year. The additional 14 property tax dollars authorized under this subsection but not 15 levied may be carried forward as unused ending fund balance 16 taxing authority until and for the fiscal year beginning 17 July 1, 2018. The amount carried forward shall not exceed 18 twenty-five percent of the maximum amount of property tax 19 dollars available in the current fiscal year. Additionally, 20 property taxes that are levied as unused ending fund balance 21 taxing authority under this subsection may be the subject of a 22 protest under section 384.19, and the amount will be considered 23 an increase in an item in the budget for purposes of section 24 24.28. The amount of additional property tax dollars levied 25 under this subsection shall not be included in the computation 26 of the maximum amount of property tax dollars which may be 27 certified and levied under section 384.1. 28 Sec. 42. Section 384.12, subsection 20, Code 2011, is 29 amended by striking the subsection. 30 Sec. 43. NEW SECTION . 384.12A Authority to levy beyond 31 maximum property tax dollars. 32 1. The city council may certify additions to the maximum 33 amount of property tax dollars to be levied for a period of 34 time not to exceed two years if the proposition has been 35 -35- LSB 5399HV (7) 84 md/sc 35/ 47
H.F. 2274 submitted at a special election and received a favorable 1 majority of the votes cast on the proposition. 2 2. The special election is subject to the following: 3 a. The city council must give at least thirty-two days’ 4 notice to the county commissioner of elections that the special 5 election is to be held. In no case, however, shall a notice be 6 given to the county commissioner of elections after December 31 7 for an election on a proposition to exceed the statutory limits 8 during the fiscal year beginning in the next calendar year. 9 b. The special election shall be conducted by the county 10 commissioner of elections in accordance with law. 11 c. The proposition to be submitted shall be substantially 12 in the following form: 13 Vote “yes” or “no” on the following: Shall the city of 14 _______ levy for an additional $_______ each year for ___ years 15 beginning next July 1, ____, in excess of the statutory limits 16 otherwise applicable for the city general fund? 17 d. The canvass shall be held beginning at 1:00 p.m. on 18 the second day which is not a holiday following the special 19 election. 20 e. Notice of the special election shall be published at 21 least once in a newspaper as specified in section 362.3 prior 22 to the date of the special election. The notice shall appear 23 as early as practicable after the city council has voted to 24 submit a proposition to the voters to levy additional property 25 tax dollars. 26 3. The amount of additional property tax dollars certified 27 under this section shall not be included in the computation 28 of the maximum amount of property tax dollars which may be 29 certified and levied under section 384.1. 30 Sec. 44. Section 384.16, subsection 1, paragraph b, Code 31 2011, is amended to read as follows: 32 b. A budget must show comparisons between the estimated 33 expenditures in each program in the following year, the latest 34 estimated expenditures in each program in the current year, 35 -36- LSB 5399HV (7) 84 md/sc 36/ 47
H.F. 2274 and the actual expenditures in each program from the annual 1 report as provided in section 384.22 , or as corrected by a 2 subsequent audit report. Wherever practicable, as provided in 3 rules of the committee, a budget must show comparisons between 4 the levels of service provided by each program as estimated for 5 the following year, and actual levels of service provided by 6 each program during the two preceding years. For each city 7 that has established an urban renewal area, the budget shall 8 include estimated and actual tax increment financing revenues 9 and all estimated and actual expenditures of the revenues, 10 proceeds from debt and all estimated and actual expenditures of 11 the debt proceeds, and identification of any entity receiving 12 a direct payment of taxes funded by tax increment financing 13 revenues and shall include the total amount of loans, advances, 14 indebtedness, or bonds outstanding at the close of the most 15 recently ended fiscal year, which qualify for payment from the 16 special fund created in section 403.19 , including interest 17 negotiated on such loans, advances, indebtedness, or bonds. 18 The amount of loans, advances, indebtedness, or bonds shall 19 be listed in the aggregate for each city reporting. The city 20 finance committee, in consultation with the department of 21 management and the legislative services agency, shall determine 22 reporting criteria and shall prepare a form for reports filed 23 with the department pursuant to this section . The department 24 shall make the information available by electronic means. 25 Sec. 45. Section 384.19, Code 2011, is amended by adding the 26 following new unnumbered paragraph: 27 NEW UNNUMBERED PARAGRAPH . For purposes of a tax protest 28 filed under this section, “item” means a budgeted expenditure, 29 appropriation, or cash reserve from a fund for a service area, 30 program, program element, or purpose. 31 Sec. 46. Section 386.8, Code 2011, is amended to read as 32 follows: 33 386.8 Operation tax. 34 A city may establish a self-supported improvement district 35 -37- LSB 5399HV (7) 84 md/sc 37/ 47
H.F. 2274 operation fund, and may certify taxes not to exceed the 1 rate limitation as established in the ordinance creating the 2 district, or any amendment thereto, each year to be levied 3 for the fund against all of the property in the district, 4 for the purpose of paying the administrative expenses of 5 the district, which may include but are not limited to 6 administrative personnel salaries, a separate administrative 7 office, planning costs including consultation fees, engineering 8 fees, architectural fees, and legal fees and all other expenses 9 reasonably associated with the administration of the district 10 and the fulfilling of the purposes of the district. The taxes 11 levied for this fund may also be used for the purpose of paying 12 maintenance expenses of improvements or self-liquidating 13 improvements for a specified length of time with one or more 14 options to renew if such is clearly stated in the petition 15 which requests the council to authorize construction of the 16 improvement or self-liquidating improvement, whether or not 17 such petition is combined with the petition requesting creation 18 of a district. Parcels of property which are assessed as 19 residential property for property tax purposes are exempt from 20 the tax levied under this section except residential properties 21 within a duly designated historic district. A tax levied under 22 this section is not subject to the levy limitation in section 23 384.1 . 24 Sec. 47. Section 386.9, Code 2011, is amended to read as 25 follows: 26 386.9 Capital improvement tax. 27 A city may establish a capital improvement fund for a 28 district and may certify taxes, not to exceed the rate 29 established by the ordinance creating the district, or any 30 subsequent amendment thereto, each year to be levied for 31 the fund against all of the property in the district, for 32 the purpose of accumulating moneys for the financing or 33 payment of a part or all of the costs of any improvement or 34 self-liquidating improvement. However, parcels of property 35 -38- LSB 5399HV (7) 84 md/sc 38/ 47
H.F. 2274 which are assessed as residential property for property tax 1 purposes are exempt from the tax levied under this section 2 except residential properties within a duly designated historic 3 district. A tax levied under this section is not subject to 4 the levy limitations in section 384.1 or 384.7 . 5 Sec. 48. REPEAL. Sections 331.425 and 331.426, Code 2011, 6 are repealed. 7 Sec. 49. APPLICABILITY. This division of this Act applies 8 to fiscal years beginning on or after July 1, 2013. 9 EXPLANATION 10 This bill relates to property taxation and local government 11 budgets by increasing the regular program foundation base 12 percentage, establishing a property tax exemption for certain 13 commercial and industrial property, establishing and modifying 14 property assessment limitations, providing for certain property 15 tax replacement payments, modifying the assessment and taxation 16 of telecommunications company property, establishing budget 17 limitations for counties and cities, and eliminating certain 18 reporting requirements. 19 Division I of the bill provides for an increase in the 20 regular program foundation base under the state school 21 foundation program. The foundation base is the specified 22 percentage of the state cost per pupil calculation which is 23 paid as state aid to school districts, above and beyond the 24 uniform property tax levy imposed in Code section 257.3. 25 Beginning with the budget year commencing July 1, 2014, the 26 increase is phased in over an eight-year period in annual 27 increments, from the current foundation base level of 87.5 28 percent to the level of 100 percent in the eighth year. 29 Division I of the bill provides that the department of 30 management’s determination of an adjusted additional property 31 tax levy and a statewide maximum adjusted additional property 32 tax levy rate only applies to budget years beginning before 33 July 1, 2021. The bill also provides that adjusted additional 34 property tax levy aid to school districts is only provided for 35 -39- LSB 5399HV (7) 84 md/sc 39/ 47
H.F. 2274 budget years beginning before July 1, 2021. The elimination 1 of adjusted additional property tax levy aid is the result of 2 the regular program foundation base percentage reaching 100 3 percent. 4 Division I of the bill sunsets the annual appropriation of 5 $24 million for adjusted additional property tax levy aid under 6 Code section 257.15(4) for the fiscal year beginning July 1, 7 2021, and thereafter, and provides that if the state foundation 8 base percentage is 100 percent, the department of management 9 shall deposit those remaining funds allocated for adjusted 10 additional property tax levy aid in the taxpayers trust fund. 11 Division I of the bill specifies that any moneys in the 12 property tax equity and relief fund established under Code 13 section 257.16A on June 30, 2021, shall be deposited by the 14 department of management in the taxpayers trust fund. 15 Division I of the bill provides that moneys in the secure an 16 advanced vision for education fund (SAVE) and collected in a 17 fiscal year beginning before July 1, 2019, that are in excess 18 of that needed to provide each school district with its formula 19 amount continue, as under current law, to be distributed and 20 credited to the property tax equity and relief fund created 21 in Code section 257.16A. The bill provides that such excess 22 moneys collected in a fiscal year beginning on or after July 1, 23 2019, shall be deposited in the taxpayers trust fund. 24 Division II of the bill establishes a property tax exemption 25 for commercial and industrial property that is not located in 26 an urban renewal area for which an ordinance providing for a 27 division of revenue was adopted before January 1, 2012, and is 28 in effect on the date of the assessment. For assessment years 29 beginning on or after January 1, 2013, but before January 1, 30 2018, the exemption is limited to an amount of actual value 31 of the property equal to 15 percent of either $400,000 or the 32 actual value of the property, whichever is less. For the 33 assessment year beginning on January 1, 2018, the exemption 34 is limited to an amount of actual value of the property equal 35 -40- LSB 5399HV (7) 84 md/sc 40/ 47
H.F. 2274 to 10 percent of either $400,000 or the actual value of the 1 property, whichever is less. For the assessment year beginning 2 on January 1, 2019, the exemption is limited to an amount of 3 actual value of the property equal to 5 percent of either 4 $400,000 or the actual value of the property, whichever is 5 less. If property that is eligible for the exemption under 6 the bill also receives a property tax exemption under another 7 provision of law for the same assessment year, the amount of 8 the exemption under the bill is reduced by the amount of the 9 other exemption. The bill provides that wind energy conversion 10 property is not eligible for the exemption. 11 Division II of the bill changes the property tax assessment 12 limitation percentage for residential property and agricultural 13 property from 4 percent to 2 percent for assessment years 14 beginning on or after January 1, 2013. The bill also provides 15 that for valuations established on or after January 1, 2013, 16 the percentage of actual value at which residential property 17 is assessed, as calculated in the bill, may not exceed the 18 percentage at which certain commercial property that is not 19 subject to a division of revenue is assessed for the same 20 assessment year. 21 Division II of the bill strikes the methodology in Code 22 section 441.21(5) currently used to determine the percentage 23 of actual value at which commercial property and industrial 24 property are assessed for property tax purposes. The bill 25 provides that for valuations established for the assessment 26 year beginning January 1, 2013, the percentage of actual value 27 at which commercial and industrial property that are not 28 subject to a division of revenue ordinance under Code chapter 29 403 that was adopted before January 1, 2012, are assessed is 30 95 percent. For the assessment year beginning January 1, 31 2014, the percentage of actual value at which such commercial 32 and industrial property are assessed is 90 percent. For the 33 assessment year beginning January 1, 2015, the percentage of 34 actual value at which such commercial and industrial property 35 -41- LSB 5399HV (7) 84 md/sc 41/ 47
H.F. 2274 are assessed is 85 percent. For the assessment year beginning 1 January 1, 2016, the percentage of actual value at which 2 such commercial and industrial property are assessed is 80 3 percent. For the assessment year beginning January 1, 2017, 4 the percentage of actual value at which such commercial and 5 industrial property are assessed is 75 percent. For the 6 assessment year beginning January 1, 2018, the percentage of 7 actual value at which such commercial and industrial property 8 are assessed is 70 percent. For the assessment year beginning 9 January 1, 2019, the percentage of actual value at which such 10 commercial and industrial property are assessed is 65 percent. 11 For assessment years beginning on or after January 1, 2020, 12 the percentage of actual value at which such commercial and 13 industrial property are assessed is 60 percent. 14 Division II provides that for valuations established on or 15 after January 1, 2013, property valued by the department of 16 revenue pursuant to Code chapter 434 (railway property) that is 17 not in an area subject to a division of revenue ordinance under 18 Code chapter 403 adopted before January 1, 2012, is assessed 19 at a percentage of its actual value equal to the percentage 20 of actual value at which commercial property that is not in 21 an area subject to a division of revenue ordinance under Code 22 chapter 403 adopted before January 1, 2012, is assessed for the 23 same assessment year. 24 Division II creates a commercial and industrial property tax 25 replacement fund in new Code section 441.21A under the control 26 of the department of revenue. For the fiscal year beginning 27 July 1, 2014, the bill appropriates $100 million from the 28 general fund of the state to the department of revenue to be 29 credited to the fund. For the fiscal year beginning July 1, 30 2015, the bill appropriates $150 million from the general fund 31 of the state to the department of revenue to be credited to the 32 fund. For the fiscal year beginning July 1, 2016, the bill 33 appropriates $180 million from the general fund of the state to 34 the department of revenue to be credited to the fund. For the 35 -42- LSB 5399HV (7) 84 md/sc 42/ 47
H.F. 2274 fiscal year beginning July 1, 2017, the bill appropriates $210 1 million from the general fund of the state to the department 2 of revenue to be credited to the fund. For the fiscal year 3 beginning July 1, 2018, and each fiscal year thereafter, there 4 is appropriated from the general fund of the state to the 5 department of revenue to be credited to the fund, $240 million. 6 Division II provides that beginning with the fiscal year 7 starting July 1, 2014, moneys appropriated to the commercial 8 and industrial property tax replacement fund are for the 9 payment of commercial and industrial property tax replacement 10 claims. If an amount appropriated for a fiscal year is 11 insufficient to pay all replacement claims, the director of 12 revenue prorates the disbursements from the fund. Any unspent 13 balance as of June 30 of each year shall revert to the general 14 fund of the state as provided in Code section 8.33. 15 Division II requires the assessor to determine, on or before 16 July 1 of each fiscal year beginning on or after July 1, 2014, 17 the total assessed value of all commercial property, industrial 18 property, and property assessed by the department of revenue 19 under Code chapter 434 (railway) for taxes due and payable 20 in that fiscal year and the total assessed value of all such 21 property assessed as of January 1, 2012, and to report those 22 valuations to the county auditor. On or before September 23 1, the county auditor prepares a statement, based upon the 24 report listing for each taxing district in the county the 25 assessed values of such property located in the taxing district 26 for specified assessment years, the tax levy rate for each 27 taxing district, and the property tax replacement claim for 28 each taxing district. The replacement claim is equal to the 29 difference between the assessed valuation of all such property 30 located in the taxing district and assessed for that assessment 31 year and the total assessed value of all such property located 32 in the taxing district and assessed as of January 1, 2012, 33 multiplied by the tax rate specified for the taxing district. 34 If the January 1, 2012, assessment amount is less, there is no 35 -43- LSB 5399HV (7) 84 md/sc 43/ 47
H.F. 2274 replacement claim for the taxing district for that year. 1 Replacement claims are paid to each county treasurer in 2 equal installments in September and March of each year. The 3 county treasurer apportions the replacement claim payments 4 among the eligible taxing districts in the county. 5 Division II excludes tax increment financing districts 6 in urban renewal areas as a taxing district for purposes of 7 allocation of replacement moneys. 8 Division II, pursuant to Code section 4.13, does not affect 9 the application of prior provisions of Code section 441.21 to 10 assessment years beginning before January 1, 2013. 11 Division II of the bill applies to assessment years 12 beginning on or after January 1, 2013. 13 Division II of the bill provides that the provisions in 14 Code section 25B.7, relating to the obligation of the state 15 to reimburse local jurisdictions for property tax credits and 16 exemptions, does not apply to the exemption in division II of 17 the bill. 18 Division III of the bill relates to the manner in which the 19 property of telecommunications companies is assessed and taxed. 20 The assessment provisions of current Code section 21 433.4 provide that in ascertaining the actual value of 22 telecommunications company property the director of revenue 23 shall include all property of every kind and character 24 whatsoever, real, personal, or mixed, used by the company in 25 the transaction of telegraph and telephone business. 26 Division III of the bill strikes the provisions that 27 included all kinds and character of property in the 28 determination of actual value of a company’s property. 29 Instead, the bill provides that for assessment years beginning 30 on or after January 1, 2013, a company’s property, excluding 31 central office equipment, transmission equipment, and qualified 32 telephone company property, all as defined in the bill, shall 33 be subject to assessment and taxation under Code chapter 433 by 34 the director of revenue in the same manner as property assessed 35 -44- LSB 5399HV (7) 84 md/sc 44/ 47
H.F. 2274 and taxed as commercial property. The bill provides, however, 1 that for assessment years beginning on or after January 1, 2 2013, but before January 1, 2020, the director of revenue 3 shall include as part of the actual value so determined for 4 that assessment year a specified amount of actual value of 5 the company’s qualified telephone company property. The bill 6 defines “qualified telephone company property” as telephone 7 wire, telephone cable, fiber optic cable, conduit systems, 8 poles, or other equipment owned or leased by a company and used 9 by the company to transmit sound or data. 10 Division III of the bill strikes a provision in Code section 11 476.1D that allowed certain specified long-distance telephone 12 company property to be assessed for taxation as commercial 13 property by the local assessor. 14 Except for the section of division III of the bill amending 15 Code section 476.1D, division III of the bill takes effect 16 July 1, 2012, and applies to assessment years beginning on or 17 after January 1, 2013. The section of division III of the bill 18 amending Code section 476.1D takes effect July 1, 2016, and 19 applies to assessment years beginning on or after January 1, 20 2017. 21 Division IV of the bill removes the property tax levy rate 22 limitations on the general and rural funds for counties and on 23 the general fund for cities and substitutes a limitation on the 24 maximum amount of property tax dollars that may be certified 25 for expenditure by a county or city for fiscal years beginning 26 on or after July 1, 2013. For the fiscal year beginning July 27 1, 2013, and subsequent fiscal years, the maximum amount of 28 property tax dollars which may be certified for levy shall be 29 an amount equal to the sum of the current fiscal year’s total 30 property tax dollars certified by the county multiplied by the 31 annual growth factor, as defined in the bill, and the amount of 32 net new valuation taxes, as defined in the bill. 33 Division IV also allows counties and cities to certify 34 additions to the maximum amount of property tax dollars to be 35 -45- LSB 5399HV (7) 84 md/sc 45/ 47
H.F. 2274 levied for a period of time not to exceed two years if the 1 proposition has been approved at a special election. The bill 2 specifies the notice and election requirements for such a 3 proposition. The bill specifies that such amounts approved at 4 special election are not to be included in the computation of 5 the maximum amount of property tax dollars for future budget 6 years. 7 Division IV of the bill specifies certain requirements 8 for ending fund balances for counties and cities. The bill 9 provides that budgeted ending fund balances in certain 10 specified funds for a budget year in excess of 25 percent 11 of budgeted expenditures shall be explicitly reserved or 12 designated for a specific purpose. 13 Under the bill, counties and cities are encouraged, but 14 not required, to reduce budgeted, unreserved, or undesignated 15 ending fund balances for the budget year to an amount equal to 16 approximately 25 percent of budgeted expenditures and certain 17 transfers for that budget year unless a decision is certified 18 by the state appeal board ordering a reduction in the ending 19 fund balance of any of those funds. The county or city, 20 as applicable, has the burden of proving that the budgeted 21 balances in excess of 25 percent are reasonably likely to be 22 appropriated for the explicitly reserved or designated specific 23 purpose. 24 Division IV of the bill also allows for additional property 25 taxes to be levied in certain fiscal years for those counties 26 or cities that have, as of June 30, 2012, reduced their 27 actual ending fund balance to less than 25 percent of actual 28 expenditures. Such additional property tax dollars authorized 29 but not levied may be carried forward as unused ending 30 fund balance taxing authority until and for the fiscal year 31 beginning July 1, 2018. However, the amount carried forward 32 shall not exceed 25 percent of the maximum amount of property 33 tax dollars available in the current fiscal year. The amount 34 of such additional property taxes levied shall not, however, be 35 -46- LSB 5399HV (7) 84 md/sc 46/ 47
H.F. 2274 included in the computation of the maximum amount of property 1 tax dollars which may be certified and levied in future budget 2 years. 3 Division IV also makes conforming amendments to other 4 provisions of the Code. 5 Division IV strikes language relating to the duties of the 6 county finance committee and the city finance committee to 7 determine criteria for reporting of certain indebtedness and 8 strikes language requiring the department of management to make 9 such information available by electronic means. 10 Division IV applies to fiscal years beginning on or after 11 July 1, 2013. 12 -47- LSB 5399HV (7) 84 md/sc 47/ 47