Senate
File
454
-
Introduced
SENATE
FILE
454
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
1254)
A
BILL
FOR
An
Act
relating
to
the
assessment
and
taxation
of
1
telecommunications
company
property,
establishing
a
study,
2
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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454
Section
1.
Section
433.4,
Code
2013,
is
amended
to
read
as
1
follows:
2
433.4
Assessment.
3
1.
The
director
of
revenue
shall
on
or
before
October
31
4
each
year,
proceed
to
find
the
actual
value
of
the
property
of
5
these
companies
in
this
state
that
is
used
by
the
companies
in
6
the
transaction
of
telegraph
and
telephone
business
,
taking
7
into
consideration
the
information
obtained
from
the
statements
8
required,
and
any
further
information
the
director
can
obtain,
9
using
the
same
as
a
means
for
determining
the
actual
cash
value
10
of
the
property
of
these
companies
within
this
state.
The
11
director
shall
also
take
into
consideration
the
valuation
of
12
all
property
of
these
companies,
including
franchises
and
the
13
use
of
the
property
in
connection
with
lines
outside
the
state,
14
and
making
these
deductions
as
may
be
necessary
on
account
of
15
extra
value
of
property
outside
the
state
as
compared
with
16
the
value
of
property
in
the
state,
in
order
that
the
actual
17
cash
value
of
the
property
of
the
company
within
this
state
18
may
be
ascertained.
The
assessment
shall
include
all
property
19
of
every
kind
and
character
whatsoever,
real,
personal,
or
20
mixed,
used
by
the
companies
in
the
transaction
of
telegraph
21
and
telephone
business
;
and
the
.
The
property
so
included
in
22
the
assessment
shall
not
be
taxed
in
any
other
manner
than
as
23
provided
in
this
chapter
.
24
2.
For
each
assessment
year
beginning
on
or
after
January
25
1,
2014,
each
company
assessed
for
taxation
under
this
chapter
26
shall
receive
a
partial
exemption
from
taxation
on
the
value
27
of
the
company’s
property.
The
amount
of
the
exemption
for
28
each
company
shall
be
equal
to
the
lesser
of
seventy-five
29
percent
of
the
actual
value
of
the
property
of
such
company
30
for
that
assessment
year,
as
determined
under
subsection
1,
or
31
twenty-five
million
two
hundred
fifty
thousand
dollars.
32
Sec.
2.
Section
433.5,
Code
2013,
is
amended
to
read
as
33
follows:
34
433.5
Actual
value
per
mile
——
exemption
value
per
mile
.
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1.
The
director
of
revenue
shall
ascertain
the
actual
value
1
per
mile
of
the
property
of
each
of
said
companies
company
2
within
this
state
by
dividing
the
total
actual
value,
as
above
3
ascertained
under
section
433.4,
subsection
1
,
by
the
number
of
4
miles
of
line
of
such
company
within
the
state,
and
the
result
5
shall
be
deemed
and
held
to
be
the
actual
value
per
mile
of
line
6
of
the
property
of
such
company
within
this
state.
7
2.
The
director
of
revenue
shall
ascertain
the
exemption
8
value
per
mile
of
the
property
of
each
company
within
this
9
state
by
dividing
the
amount
of
the
exemption
for
that
company
10
determined
under
section
433.4,
subsection
2,
by
the
number
of
11
miles
of
line
of
such
company
within
the
state,
and
the
result
12
shall
be
deemed
and
held
to
be
the
exemption
value
per
mile
of
13
line
for
that
company.
14
Sec.
3.
Section
433.8,
Code
2013,
is
amended
to
read
as
15
follows:
16
433.8
Assessment
in
each
county
——
how
certified.
17
The
director
of
revenue
shall,
for
the
purpose
of
18
determining
what
amount
shall
be
assessed
to
any
one
of
said
19
companies
each
company
in
each
county
of
the
state
into
which
20
the
line
of
the
said
company
extends,
multiply
the
assessed
21
or
taxable
value
per
mile
of
line
of
said
company,
as
above
22
ascertained,
by
the
number
of
miles
in
each
of
said
counties,
23
and
the
result
thereof
shall
be
by
the
director
certified
24
certify
to
the
several
county
auditors
of
the
respective
25
counties
into,
over,
or
through
which
said
line
extends
26
the
number
of
miles
of
line
in
the
county
for
that
company,
27
the
actual
value
per
mile
of
line
for
that
company,
and
the
28
exemption
value
per
mile
of
line
for
that
company
.
29
Sec.
4.
Section
433.9,
Code
2013,
is
amended
to
read
as
30
follows:
31
433.9
Entry
of
certificate.
32
At
the
first
meeting
of
the
board
of
supervisors
held
after
33
such
statement
the
certification
made
under
section
433.8
is
34
received
by
the
county
auditor,
it
shall
cause
such
statement
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certification
to
be
entered
in
its
minute
book,
and
make
and
1
enter
therein
an
order
stating
the
length
of
the
lines
and
the
2
assessed
actual
value
of
the
property
of
each
of
said
companies
3
situated
in
each
city,
township,
or
lesser
taxing
district
4
in
its
county,
as
fixed
by
the
director
of
revenue
,
which
.
5
The
value
certified
by
the
director
of
revenue,
following
6
application
of
the
percentage
of
actual
value
under
section
7
441.21,
and
following
the
application
of
the
exemption
value
8
certified
by
the
director
of
revenue,
shall
constitute
the
9
taxable
value
of
said
property
for
taxing
purposes,
and
the
10
taxes
on
said
property
when
collected
by
the
county
treasurer
11
shall
be
disposed
of
as
other
taxes
on
real
estate.
The
county
12
auditor
shall
transmit
a
copy
of
said
order
to
the
council
or
13
trustees
of
each
city
or
township
in
which
the
lines
of
said
14
company
extend.
15
Sec.
5.
REPEAL.
Section
433.6,
Code
2013,
is
repealed.
16
Sec.
6.
PROPERTY
TAXATION
OF
TELECOMMUNICATIONS
COMPANIES
17
STUDY
——
REPORT.
18
1.
a.
The
department
of
revenue,
in
consultation
with
19
the
department
of
management,
representatives
of
companies
20
providing
telecommunications
services
in
this
state
by
21
any
means,
including
but
not
limited
to
mobile,
wireless,
22
voice
over
internet
protocol,
and
landline,
and
other
23
interested
persons
shall
study
the
current
system
of
assessing
24
telecommunications
company
property
and
levying
property
tax
25
against
companies
that
provide
telecommunications
services
in
26
this
state
and
make
recommendations
for
changes.
27
b.
The
department
of
revenue
shall
prepare
and
file
a
report
28
detailing
recommendations
for
changes
to
the
current
system
29
of
assessing
telecommunications
company
property
and
levying
30
property
tax
against
companies
providing
telecommunications
31
services
in
this
state.
The
report
shall
also
include
32
recommendations
for
establishing
methods
to
provide
33
equivalent
property
tax
treatment
for
all
companies
providing
34
telecommunications
services
in
this
state
and
recommendations
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for
apportioning
property
tax
revenues
to
the
appropriate
1
local
taxing
authorities
in
the
state.
The
report
shall
also
2
include
proposed
legislation
to
implement
the
recommendations
3
contained
in
the
report.
The
report
shall
be
filed
by
the
4
department
of
revenue
with
the
chairpersons
and
ranking
members
5
of
the
ways
and
means
committees
of
the
senate
and
the
house
6
of
representatives
and
with
the
legislative
services
agency
by
7
August
1,
2015.
8
c.
Upon
receipt
of
the
report
by
the
chairpersons
and
9
ranking
members
of
the
ways
and
means
committees
under
10
paragraph
“b”,
a
legislative
telecommunications
company
11
property
tax
review
committee
consisting
of
six
members
of
12
the
general
assembly,
two
appointed
by
the
majority
leader
13
of
the
senate,
one
appointed
by
the
minority
leader
of
14
the
senate,
two
appointed
by
the
speaker
of
the
house
of
15
representatives,
and
one
appointed
by
the
minority
leader
of
16
the
house
of
representatives
shall
review
the
information
and
17
recommendations
contained
in
the
report.
The
department
of
18
revenue
shall
provide
additional
information
and
analysis
to
19
the
review
committee
or
the
general
assembly
upon
request
of
20
the
review
committee.
21
2.
Each
company
providing
telecommunications
services
in
22
this
state
by
any
means,
including
but
not
limited
to
mobile,
23
wireless,
voice
over
internet
protocol,
and
landline,
shall
on
24
or
before
a
date
specified
by
the
director
of
revenue
submit
25
to
the
department
of
revenue
such
information
determined
by
26
the
director
of
revenue
to
be
necessary
to
facilitate
the
27
creation
of
the
report
required
under
this
section,
including
28
customer
place
of
primary
use
information
and
customer
service
29
address
information
within
the
meaning
of
section
423.20.
30
However,
such
companies
shall
not
be
required
to
resubmit
any
31
information
that
was
submitted
to
the
director
of
revenue
32
pursuant
to
the
requirements
of
chapter
433.
Information
33
provided
to
the
department
under
this
section
shall
be
verified
34
by
the
company’s
president
or
secretary.
The
confidentiality
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provisions
of
sections
422.20
and
422.72
apply
to
all
1
information
received
by
the
department
of
revenue
for
purposes
2
of
the
report
pursuant
to
this
section
and
pursuant
to
chapter
3
433,
if
applicable.
4
Sec.
7.
IMPLEMENTATION.
Section
25B.7
shall
not
apply
to
5
this
Act.
6
Sec.
8.
APPLICABILITY.
This
Act,
except
for
the
7
section
of
this
Act
requiring
the
department
of
revenue
8
to
study
and
report
on
the
system
for
assessing
and
taxing
9
telecommunications
company
property,
applies
to
assessment
10
years
beginning
on
or
after
January
1,
2014.
11
EXPLANATION
12
This
bill
relates
to
the
assessment
and
taxation
of
property
13
of
companies
that
provide
telecommunications
services
in
this
14
state.
15
Under
the
bill,
for
assessment
years
beginning
on
or
after
16
January
1,
2014,
each
telecommunications
company
assessed
17
for
taxation
under
Code
chapter
433
shall
receive
a
partial
18
exemption
from
taxation
on
the
value
of
the
company’s
property.
19
The
amount
of
the
exemption
for
each
company
shall
be
equal
to
20
the
lesser
of
75
percent
of
the
actual
value
of
the
property
of
21
such
company
for
that
assessment
year
or
$25,250,000.
22
The
bill
specifies
the
manner
in
which
valuations
and
23
exemption
amounts
are
certified
to
local
taxing
jurisdictions
24
and
the
manner
in
which
taxable
value
of
telecommunications
25
company
property
is
determined.
26
The
bill
requires
the
department
of
revenue,
in
consultation
27
with
the
department
of
management,
representatives
of
companies
28
providing
telecommunications
services
in
this
state,
and
other
29
interested
persons
to
study
the
current
system
of
assessing
30
telecommunications
company
property
and
levying
property
tax
31
against
companies
that
provide
telecommunications
services
32
in
this
state
and
to
make
recommendations
for
changes.
The
33
department
of
revenue
is
required
to
prepare
and
file
a
report
34
detailing
recommendations
for
changes
to
the
current
system
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of
assessing
telecommunications
company
property
and
levying
1
property
tax
against
companies
providing
telecommunications
2
services
in
this
state.
The
report
must
also
include
3
recommendations
for
establishing
methods
to
provide
4
equivalent
property
tax
treatment
for
all
companies
providing
5
telecommunications
services
in
this
state
and
recommendations
6
for
apportioning
property
tax
revenues
to
the
appropriate
7
local
taxing
authorities
in
the
state.
The
report
is
further
8
required
to
include
proposed
legislation
to
implement
the
9
recommendations
contained
in
the
report.
The
report
must
be
10
filed
by
the
department
of
revenue
with
the
chairpersons
and
11
ranking
members
of
the
ways
and
means
committees
of
the
senate
12
and
the
house
of
representatives
and
with
the
legislative
13
services
agency
by
August
1,
2015.
14
Upon
receipt
of
the
report
by
the
chairpersons
and
ranking
15
members
of
the
ways
and
means
committees,
a
legislative
16
committee
consisting
of
six
members
of
the
general
assembly,
17
two
appointed
by
the
majority
leader
of
the
senate,
one
18
appointed
by
the
minority
leader
of
the
senate,
two
19
appointed
by
the
speaker
of
the
house
of
representatives,
20
and
one
appointed
by
the
minority
leader
of
the
house
of
21
representatives,
shall
hold
at
least
three
meetings
to
review
22
the
information
and
recommendations
contained
in
the
report.
23
The
bill
also
includes
requirements
for
each
company
24
providing
telecommunications
services
in
this
state
to
submit
25
information
to
the
department
of
revenue
to
facilitate
the
26
creation
of
the
report.
The
confidentiality
provisions
of
Code
27
sections
422.20
and
422.72
apply
to
all
information
received
by
28
the
department
of
revenue
for
purposes
of
the
report.
29
The
bill
provides
that
Code
section
25B.7,
relating
to
the
30
obligation
of
the
state
to
reimburse
local
jurisdictions
for
31
property
tax
credits
and
exemptions
enacted
on
or
after
January
32
1,
1997,
does
not
apply
to
the
exemption
in
the
bill.
33
Except
for
the
portion
of
the
bill
relating
to
the
department
34
of
revenue
study
and
report,
the
bill
applies
to
assessment
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years
beginning
on
or
after
January
1,
2014.
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