House
Study
Bill
129
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR’S
BILL)
A
BILL
FOR
An
Act
relating
to
the
percentage
of
actual
value
at
which
1
certain
classifications
of
property
are
assessed
for
2
property
tax
purposes
and
including
future
repeal
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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_____
Section
1.
Section
441.21,
subsection
5,
Code
2011,
is
1
amended
to
read
as
follows:
2
5.
a.
For
valuations
established
as
of
January
1,
1979,
3
commercial
property
and
industrial
property,
excluding
4
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
5
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
6
of
property
.
The
percentage
shall
be
determined
for
each
7
class
of
property
by
the
director
of
revenue
for
the
state
in
8
accordance
with
the
provisions
of
this
section
.
For
valuations
9
established
as
of
January
1,
1979,
the
percentage
shall
be
10
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
11
section
.
The
dividend
for
each
class
of
property
shall
be
the
12
total
actual
valuation
for
each
class
of
property
established
13
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
14
divisor
for
each
class
of
property
shall
be
the
valuation
15
for
each
class
of
property
established
for
1978,
as
reported
16
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
17
plus
the
amount
of
value
added
to
the
total
actual
value
by
18
the
revaluation
of
existing
properties
in
1979
as
equalized
19
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
20
valuations
established
as
of
January
1,
1979,
property
valued
21
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
22
437
,
and
438
shall
be
considered
as
one
class
of
property
and
23
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
24
percentage
shall
be
determined
by
the
director
of
revenue
in
25
accordance
with
the
provisions
of
this
section
.
For
valuations
26
established
as
of
January
1,
1979,
the
percentage
shall
be
27
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
28
section
.
The
dividend
shall
be
the
total
actual
valuation
29
established
for
1978
by
the
department
of
revenue,
plus
ten
30
percent
of
the
amount
so
determined.
The
divisor
for
property
31
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
32
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
33
plus
the
amount
of
value
added
to
the
total
actual
value
by
34
the
revaluation
of
the
property
by
the
department
of
revenue
35
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as
of
January
1,
1979.
For
valuations
established
as
of
1
January
1,
1980,
commercial
property
and
industrial
property,
2
excluding
properties
referred
to
in
section
427A.1,
subsection
3
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
4
each
class
of
property
.
The
percentage
shall
be
determined
5
for
each
class
of
property
by
the
director
of
revenue
for
the
6
state
in
accordance
with
the
provisions
of
this
section
.
For
7
valuations
established
as
of
January
1,
1980,
the
percentage
8
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
9
this
section
.
The
dividend
for
each
class
of
property
shall
10
be
the
dividend
as
determined
for
each
class
of
property
for
11
valuations
established
as
of
January
1,
1979,
adjusted
by
the
12
product
obtained
by
multiplying
the
percentage
determined
13
for
that
year
by
the
amount
of
any
additions
or
deletions
to
14
actual
value,
excluding
those
resulting
from
the
revaluation
15
of
existing
properties,
as
reported
by
the
assessors
on
the
16
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
17
amount
so
determined.
The
divisor
for
each
class
of
property
18
shall
be
the
total
actual
value
of
all
such
property
in
1979,
19
as
equalized
by
the
director
of
revenue
pursuant
to
section
20
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
21
value
by
the
revaluation
of
existing
properties
in
1980.
The
22
director
shall
utilize
information
reported
on
the
abstracts
of
23
assessment
submitted
pursuant
to
section
441.45
in
determining
24
such
percentage.
For
valuations
established
as
of
January
1,
25
1980,
property
valued
by
the
department
of
revenue
pursuant
26
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
27
percentage
of
its
actual
value.
The
percentage
shall
be
28
determined
by
the
director
of
revenue
in
accordance
with
the
29
provisions
of
this
section
.
For
valuations
established
as
of
30
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
31
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
32
shall
be
the
total
actual
valuation
established
for
1979
by
33
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
34
determined.
The
divisor
for
property
valued
by
the
department
35
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of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
1
the
valuation
established
for
1979,
plus
the
amount
of
value
2
added
to
the
total
actual
value
by
the
revaluation
of
the
3
property
by
the
department
of
revenue
as
of
January
1,
1980.
4
For
valuations
established
as
of
January
1,
1981,
and
each
5
year
thereafter,
the
percentage
of
actual
value
as
equalized
6
by
the
director
of
revenue
as
provided
in
section
441.49
at
7
which
commercial
property
and
industrial
property,
excluding
8
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
9
be
assessed
shall
be
calculated
in
accordance
with
the
methods
10
provided
herein,
except
that
any
references
to
six
percent
11
in
this
subsection
shall
be
four
percent.
For
valuations
12
established
as
of
January
1,
1981,
and
each
year
thereafter,
13
the
percentage
of
actual
value
at
which
property
valued
by
14
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
15
and
438
shall
be
assessed
shall
be
calculated
in
accordance
16
with
the
methods
provided
herein,
except
that
any
references
17
to
ten
percent
in
this
subsection
shall
be
eight
percent.
18
Beginning
with
valuations
established
as
of
January
1,
1979,
19
and
each
year
thereafter,
property
valued
by
the
department
of
20
revenue
pursuant
to
chapter
434
shall
also
be
assessed
at
a
21
percentage
of
its
actual
value
which
percentage
shall
be
equal
22
to
the
percentage
determined
by
the
director
of
revenue
for
23
commercial
property,
industrial
property
,
or
property
valued
by
24
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
25
and
438
,
whichever
is
lowest.
26
b.
For
valuations
established
on
or
after
January
1,
2012,
27
but
before
January
1,
2016,
commercial
property
that
is
not
28
new
commercial
property
as
defined
in
paragraph
“c”
,
excluding
29
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
30
be
assessed
as
a
percentage
of
the
actual
value,
as
determined
31
in
this
paragraph.
32
(1)
For
valuations
established
for
the
assessment
year
33
beginning
January
1,
2012,
the
percentage
of
actual
value
as
34
equalized
by
the
director
of
revenue
as
provided
in
section
35
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H.F.
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441.49
at
which
commercial
property
that
is
not
new
commercial
1
property
shall
be
assessed
shall
be
ninety-two
percent.
2
(2)
For
valuations
established
for
the
assessment
year
3
beginning
January
1,
2013,
the
percentage
of
actual
value
as
4
equalized
by
the
director
of
revenue
as
provided
in
section
5
441.49
at
which
commercial
property
that
is
not
new
commercial
6
property
shall
be
assessed
shall
be
eighty-four
percent.
7
(3)
For
valuations
established
for
the
assessment
year
8
beginning
January
1,
2014,
the
percentage
of
actual
value
as
9
equalized
by
the
director
of
revenue
as
provided
in
section
10
441.49
at
which
commercial
property
that
is
not
new
commercial
11
property
shall
be
assessed
shall
be
seventy-six
percent.
12
(4)
For
valuations
established
for
the
assessment
year
13
beginning
January
1,
2015,
the
percentage
of
actual
value
as
14
equalized
by
the
director
of
revenue
as
provided
in
section
15
441.49
at
which
commercial
property
that
is
not
new
commercial
16
property
shall
be
assessed
shall
be
sixty-eight
percent.
17
c.
(1)
For
valuations
established
on
or
after
January
1,
18
2012,
but
before
January
1,
2016,
new
commercial
property,
19
excluding
properties
referred
to
in
section
427A.1,
subsection
20
8
,
shall
be
assessed
as
a
percentage
of
the
actual
value
as
21
determined
in
this
paragraph
“c”
.
22
(2)
For
valuations
established
for
assessment
years
23
beginning
on
or
after
January
1,
2012,
but
before
January
24
1,
2016,
the
percentage
of
actual
value
as
equalized
by
the
25
director
of
revenue
as
provided
in
section
441.49
at
which
26
commercial
property
that
is
new
commercial
property
shall
be
27
assessed
shall
be
sixty
percent.
28
(3)
For
purposes
of
this
section,
“new
commercial
property”
29
means
a
parcel
of
real
estate
containing
no
buildings
30
or
structures
on
or
after
July
1,
2011,
upon
which
the
31
construction
of
buildings
or
structures
is
commenced
after
32
July
1,
2011,
and
that,
but
for
this
paragraph,
would
be
33
assessed
under
paragraph
“b”
.
“New
commercial
property”
shall
34
be
considered
a
subclassification
of
commercial
property
for
35
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the
assessment
years
beginning
on
or
after
January
1,
2012,
but
1
before
January
1,
2016.
2
d.
(1)
For
valuations
established
on
or
after
January
1,
3
2016,
commercial
property,
excluding
properties
referred
to
in
4
section
427A.1,
subsection
8
,
shall
be
assessed
as
a
percentage
5
of
the
actual
value
as
determined
in
this
paragraph
“d”.
6
(2)
For
valuations
established
for
the
assessment
year
7
beginning
January
1,
2016,
and
each
assessment
year
thereafter,
8
the
percentage
of
actual
value
as
equalized
by
the
director
9
of
revenue
as
provided
in
section
441.49
at
which
commercial
10
property
shall
be
assessed
shall
be
sixty
percent.
11
Sec.
2.
Section
441.21,
subsections
9
and
10,
Code
2011,
are
12
amended
to
read
as
follows:
13
9.
Not
later
than
November
1,
1979,
and
November
1
of
14
each
subsequent
year,
the
director
shall
certify
to
the
15
county
auditor
of
each
county
the
percentages
of
actual
16
value
at
which
residential
property,
agricultural
property,
17
commercial
property,
new
commercial
property,
industrial
18
property,
and
property
valued
by
the
department
of
revenue
19
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
in
each
20
assessing
jurisdiction
in
the
county
shall
be
assessed
for
21
taxation.
The
county
auditor
shall
proceed
to
determine
the
22
assessed
values
of
agricultural
property,
residential
property,
23
commercial
property,
new
commercial
property,
industrial
24
property,
and
property
valued
by
the
department
of
revenue
25
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
by
applying
26
such
percentages
to
the
current
actual
value
of
such
property,
27
as
reported
to
the
county
auditor
by
the
assessor,
and
the
28
assessed
values
so
determined
shall
be
the
taxable
values
of
29
such
properties
upon
which
the
levy
shall
be
made.
30
10.
The
percentage
of
actual
value
computed
by
the
31
director
for
agricultural
property,
residential
property,
32
commercial
property,
new
commercial
property,
industrial
33
property
,
and
property
valued
by
the
department
of
revenue
34
pursuant
to
chapters
428
,
433
,
434
,
437
,
and
438
and
used
to
35
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determine
assessed
values
of
those
classes
of
property
does
not
1
constitute
a
rule
as
defined
in
section
17A.2,
subsection
11
.
2
Sec.
3.
FUTURE
REPEAL.
3
1.
The
section
of
this
Act
amending
section
441.21,
4
subsections
9
and
10,
is
repealed
effective
January
1,
2016,
5
and
the
Code
editor
shall
remove
the
language
added
to
section
6
441.21,
subsections
9
and
10,
by
the
repealed
section
of
this
7
Act,
from
the
Code.
8
2.
Section
441.21,
subsection
5,
paragraphs
“b”
and
“c”,
as
9
enacted
in
this
Act,
are
repealed
effective
January
1,
2020,
10
and
the
Code
editor
shall
remove
the
language
of
the
paragraphs
11
from
the
Code.
12
Sec.
4.
SAVINGS
PROVISION.
This
Act,
pursuant
to
section
13
4.13,
does
not
affect
the
prior
operation
of,
or
prohibit
the
14
application
of,
the
provisions
of
section
441.21,
Code
2011,
or
15
rules
adopted
under
chapter
17A
to
administer
section
441.21,
16
Code
2011,
for
assessment
years
beginning
before
January
1,
17
2012,
and
for
duties,
powers,
protests,
appeals,
proceedings,
18
actions,
or
remedies
attributable
to
an
assessment
year
19
beginning
before
January
1,
2012.
20
Sec.
5.
APPLICABILITY.
This
Act
applies
to
property
tax
21
assessment
years
beginning
on
or
after
January
1,
2012.
22
EXPLANATION
23
This
bill
changes
the
property
assessment
limitation
for
24
commercial
property
and
establishes
a
new
commercial
property
25
subclassification
of
commercial
property
for
specified
26
assessment
years.
27
The
bill
establishes
a
“new
commercial
property”
28
subclassification
for
assessment
years
beginning
on
or
after
29
January
1,
2012,
but
before
January
1,
2016.
“New
commercial
30
property”
is
defined
in
the
bill
as
a
parcel
of
real
estate
31
containing
no
buildings
or
structures
on
or
after
July
1,
32
2011,
upon
which
the
construction
of
buildings
or
structures
33
is
commenced
after
July
1,
2011,
and
that,
but
for
the
34
subclassification,
would
be
assessed
as
commercial
property.
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_____
For
assessment
years
beginning
on
or
after
January
1,
2012,
1
but
before
January
1,
2016,
the
percentage
of
actual
value
2
at
which
new
commercial
property
is
assessed
is
60
percent.
3
For
assessment
years
beginning
on
or
after
January
1,
2016,
4
new
commercial
property
is
assessed
as
all
other
commercial
5
property.
6
The
bill
strikes
the
methodology
in
Code
section
441.21(5)
7
currently
used
to
determine
the
percentage
of
actual
value
8
at
which
commercial
property
is
assessed
for
property
tax
9
purposes.
The
bill
provides
that
for
valuations
established
10
for
the
assessment
year
beginning
January
1,
2012,
the
11
percentage
of
actual
value
at
which
commercial
property
that
12
is
not
new
commercial
property
shall
be
assessed
shall
be
13
92
percent.
The
bill
provides
that
each
assessment
year
14
thereafter
the
percentage
at
which
commercial
property
15
that
is
not
new
commercial
property
is
assessed
is
reduced
16
by
8
percentage
points
each
year
until
the
percentage
is
17
60
percent.
The
bill
provides
that
for
the
assessment
18
year
beginning
January
1,
2016,
and
each
assessment
year
19
thereafter,
commercial
property,
including
property
previously
20
subclassified
as
new
commercial
property,
is
assessed
at
60
21
percent.
22
The
bill
also
makes
corresponding
changes
to
other
23
provisions
of
Code
section
441.21,
including
removing
the
24
commercial
property
valuation
limitation
from
the
methodology
25
used
to
determine
the
percentage
at
which
property
valued
by
26
the
department
of
revenue
pursuant
to
Code
chapter
434
(railway
27
companies)
is
assessed.
28
The
bill
includes
future
repeal
provisions
relating
to
the
29
temporary
subclassification
of
new
commercial
property.
The
30
repeal
provisions
are
effective
January
1,
2016,
and
January
31
1,
2020.
32
The
bill
applies
to
property
tax
assessment
years
beginning
33
on
or
after
January
1,
2012.
The
bill
pursuant
to
Code
section
34
4.13,
does
not
affect
the
application
of
the
provisions
of
35
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8
S.F.
_____
H.F.
_____
current
Code
section
441.21
to
assessment
years
beginning
1
before
January
1,
2012.
2
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