Senate
Study
Bill
1202
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
the
assessment
and
taxation
of
1
telecommunications
company
property
and
including
effective
2
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2277XC
(2)
85
md/sc
S.F.
_____
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
5
of
these
companies
in
this
state
used
by
the
companies
in
the
6
transaction
of
telegraph
and
telephone
business
,
taking
into
7
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.
a.
Except
as
provided
in
paragraph
“c
”,
for
assessment
25
years
beginning
on
or
after
January
1,
2014,
a
company’s
26
property,
excluding
the
property
identified
in
paragraph
“b”
27
as
exempt
from
taxation,
shall
be
subject
to
assessment
and
28
taxation
under
this
chapter
by
the
director
of
revenue
in
29
the
same
manner
as
property
assessed
and
taxed
as
commercial
30
property
under
chapters
427,
427A,
427B,
428,
and
441.
31
b.
All
of
the
following
is
exempt
from
taxation
and
shall
32
not
be
assessed
for
taxation
under
this
chapter:
33
(1)
Central
office
equipment.
34
(2)
Qualified
telephone
company
property.
However,
35
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9
S.F.
_____
qualified
telephone
company
property
shall
be
valued
and
1
included
in
the
company’s
assessment
for
the
assessment
years,
2
and
to
the
extent
specified,
in
paragraph
“c”
.
3
c.
For
assessment
years
beginning
on
or
after
January
1,
4
2014,
the
director
of
revenue
shall
include
as
part
of
the
5
actual
value
determined
under
paragraph
“a”
for
the
applicable
6
assessment
year,
the
following:
7
(1)
For
the
assessment
year
beginning
January
1,
2014,
an
8
amount
equal
to
the
actual
value
of
the
company’s
qualified
9
telephone
company
property
that
exceeds
four
million
dollars.
10
(2)
For
the
assessment
year
beginning
January
1,
2015,
an
11
amount
equal
to
the
actual
value
of
the
company’s
qualified
12
telephone
company
property
that
exceeds
eight
million
dollars.
13
(3)
For
the
assessment
year
beginning
January
1,
2016,
an
14
amount
equal
to
the
actual
value
of
the
company’s
qualified
15
telephone
company
property
that
exceeds
twelve
million
dollars.
16
(4)
For
the
assessment
year
beginning
January
1,
2017,
an
17
amount
equal
to
the
actual
value
of
the
company’s
qualified
18
telephone
company
property
that
exceeds
sixteen
million
19
dollars.
20
(5)
For
the
assessment
year
beginning
January
1,
2018,
and
21
each
assessment
year
thereafter,
an
amount
equal
to
the
actual
22
value
of
the
company’s
qualified
telephone
company
property
23
that
exceeds
twenty
million
dollars.
24
Sec.
2.
Section
433.12,
Code
2013,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
1A.
As
used
in
this
chapter,
“central
27
office
equipment”
means
motor
vehicles,
aircraft,
tools
and
28
other
work
equipment,
furniture,
office
equipment,
general
29
purpose
computers,
central
office
switching
equipment,
30
nondigital
switching
equipment,
digital
electronic
switching
31
equipment,
operator
systems,
central
office
transmission
32
equipment,
radio
systems,
circuit
equipment,
information
33
origination
and
termination
equipment,
station
apparatus,
34
customer
premises
wiring,
large
private
branch
exchanges,
35
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S.F.
_____
public
telephone
terminal
equipment,
and
other
terminal
1
equipment,
within
the
meaning
of
the
telecommunications
2
companies
account
provisions
of
47
C.F.R.
pt.
32,
in
effect
on
3
the
effective
date
of
this
Act.
4
NEW
SUBSECTION
.
3.
As
used
in
this
chapter,
“qualified
5
telephone
company
property”
means
poles,
aerial
cable,
6
underground
cable,
buried
cable,
submarine
and
deep
sea
cable,
7
intrabuilding
network
cable,
aerial
wire,
and
conduit
systems
8
within
the
meaning
of
the
telecommunications
companies
account
9
provisions
of
47
C.F.R.
pt.
32,
in
effect
on
the
effective
date
10
of
this
Act.
11
Sec.
3.
Section
441.21,
subsection
5,
Code
2013,
is
amended
12
to
read
as
follows:
13
5.
For
valuations
established
as
of
January
1,
1979,
14
commercial
property
and
industrial
property,
excluding
15
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
16
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
17
of
property.
The
percentage
shall
be
determined
for
each
18
class
of
property
by
the
director
of
revenue
for
the
state
in
19
accordance
with
the
provisions
of
this
section
.
For
valuations
20
established
as
of
January
1,
1979,
the
percentage
shall
be
21
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
22
section
.
The
dividend
for
each
class
of
property
shall
be
the
23
total
actual
valuation
for
each
class
of
property
established
24
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
25
divisor
for
each
class
of
property
shall
be
the
valuation
26
for
each
class
of
property
established
for
1978,
as
reported
27
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
28
plus
the
amount
of
value
added
to
the
total
actual
value
by
29
the
revaluation
of
existing
properties
in
1979
as
equalized
30
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
31
valuations
established
as
of
January
1,
1979,
property
valued
32
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
33
437
,
and
438
shall
be
considered
as
one
class
of
property
and
34
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
35
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9
S.F.
_____
percentage
shall
be
determined
by
the
director
of
revenue
in
1
accordance
with
the
provisions
of
this
section
.
For
valuations
2
established
as
of
January
1,
1979,
the
percentage
shall
be
3
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
4
section
.
The
dividend
shall
be
the
total
actual
valuation
5
established
for
1978
by
the
department
of
revenue,
plus
ten
6
percent
of
the
amount
so
determined.
The
divisor
for
property
7
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
8
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
9
plus
the
amount
of
value
added
to
the
total
actual
value
by
10
the
revaluation
of
the
property
by
the
department
of
revenue
11
as
of
January
1,
1979.
For
valuations
established
as
of
12
January
1,
1980,
commercial
property
and
industrial
property,
13
excluding
properties
referred
to
in
section
427A.1,
subsection
14
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
15
each
class
of
property.
The
percentage
shall
be
determined
16
for
each
class
of
property
by
the
director
of
revenue
for
the
17
state
in
accordance
with
the
provisions
of
this
section
.
For
18
valuations
established
as
of
January
1,
1980,
the
percentage
19
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
20
this
section
.
The
dividend
for
each
class
of
property
shall
21
be
the
dividend
as
determined
for
each
class
of
property
for
22
valuations
established
as
of
January
1,
1979,
adjusted
by
the
23
product
obtained
by
multiplying
the
percentage
determined
24
for
that
year
by
the
amount
of
any
additions
or
deletions
to
25
actual
value,
excluding
those
resulting
from
the
revaluation
26
of
existing
properties,
as
reported
by
the
assessors
on
the
27
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
28
amount
so
determined.
The
divisor
for
each
class
of
property
29
shall
be
the
total
actual
value
of
all
such
property
in
1979,
30
as
equalized
by
the
director
of
revenue
pursuant
to
section
31
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
32
value
by
the
revaluation
of
existing
properties
in
1980.
The
33
director
shall
utilize
information
reported
on
the
abstracts
of
34
assessment
submitted
pursuant
to
section
441.45
in
determining
35
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_____
such
percentage.
For
valuations
established
as
of
January
1,
1
1980,
property
valued
by
the
department
of
revenue
pursuant
2
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
3
percentage
of
its
actual
value.
The
percentage
shall
be
4
determined
by
the
director
of
revenue
in
accordance
with
the
5
provisions
of
this
section
.
For
valuations
established
as
of
6
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
7
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
8
shall
be
the
total
actual
valuation
established
for
1979
by
9
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
10
determined.
The
divisor
for
property
valued
by
the
department
11
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
12
the
valuation
established
for
1979,
plus
the
amount
of
value
13
added
to
the
total
actual
value
by
the
revaluation
of
the
14
property
by
the
department
of
revenue
as
of
January
1,
1980.
15
For
valuations
established
as
of
January
1,
1981,
and
each
16
year
thereafter,
the
percentage
of
actual
value
as
equalized
17
by
the
director
of
revenue
as
provided
in
section
441.49
at
18
which
commercial
property
and
industrial
property,
excluding
19
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
20
be
assessed
shall
be
calculated
in
accordance
with
the
methods
21
provided
herein,
except
that
any
references
to
six
percent
22
in
this
subsection
shall
be
four
percent.
For
valuations
23
established
as
of
January
1,
1981,
and
each
year
thereafter,
24
the
percentage
of
actual
value
at
which
property
valued
by
the
25
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
26
438
shall
be
assessed
shall
be
calculated
in
accordance
with
27
the
methods
provided
herein,
except
that
any
references
to
28
ten
percent
in
this
subsection
shall
be
eight
percent.
For
29
assessment
years
beginning
on
or
after
January
1,
2014,
the
30
percentage
of
actual
value
at
which
property
valued
by
the
31
department
of
revenue
pursuant
to
chapters
428,
433,
437,
32
and
438
shall
be
assessed
shall
be
calculated
using
property
33
valuations
for
the
applicable
assessment
years
that
include
34
the
total
value
of
property
exempt
from
taxation
under
section
35
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_____
433.4,
subsection
2,
paragraph
“b”
,
notwithstanding
section
1
433.4,
subsection
2,
paragraph
“c”
.
Beginning
with
valuations
2
established
as
of
January
1,
1979,
and
each
year
thereafter,
3
property
valued
by
the
department
of
revenue
pursuant
to
4
chapter
434
shall
also
be
assessed
at
a
percentage
of
its
5
actual
value
which
percentage
shall
be
equal
to
the
percentage
6
determined
by
the
director
of
revenue
for
commercial
property,
7
industrial
property,
or
property
valued
by
the
department
of
8
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
,
whichever
9
is
lowest.
10
Sec.
4.
Section
476.1D,
subsection
10,
Code
2013,
is
amended
11
by
striking
the
subsection.
12
Sec.
5.
PROPERTY
TAXATION
OF
TELECOMMUNICATIONS
COMPANIES
13
——
REPORT.
The
department
of
revenue,
in
consultation
14
with
the
department
of
management,
representatives
of
the
15
telecommunications
industry,
and
other
interested
stakeholders,
16
shall
study
the
current
system
of
assessing
telecommunications
17
property
and
levying
property
tax
against
telecommunications
18
companies
and
make
recommendations
for
changes.
The
19
department
of
revenue
shall
prepare
and
file
a
report
detailing
20
recommendations
for
changes
to
the
current
system
of
assessing
21
telecommunications
property
and
levying
property
tax
against
22
telecommunications
companies.
The
report
shall
be
filed
by
the
23
department
of
revenue
with
the
chairpersons
and
ranking
members
24
of
the
ways
and
means
committees
of
the
senate
and
the
house
25
of
representatives
and
with
the
legislative
services
agency
by
26
January
13,
2014.
27
Sec.
6.
SAVINGS
PROVISION.
This
Act,
pursuant
to
section
28
4.13,
does
not
affect
the
operation
of,
or
prohibit
the
29
application
of,
prior
provisions
of
chapter
433,
or
rules
30
adopted
under
chapter
17A
to
administer
prior
provisions
of
31
chapter
433,
for
assessment
years
beginning
before
January
1,
32
2014,
and
for
duties,
powers,
protests,
appeals,
proceedings,
33
actions,
or
remedies
attributable
to
an
assessment
year
34
beginning
before
January
1,
2014.
35
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S.F.
_____
Sec.
7.
IMPLEMENTATION.
Section
25B.7
shall
not
apply
to
1
this
Act.
2
Sec.
8.
EFFECTIVE
DATE.
3
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
4
July
1,
2013.
5
2.
The
section
of
this
Act
amending
section
476.1D
takes
6
effect
July
1,
2017.
7
Sec.
9.
APPLICABILITY.
8
1.
Except
as
provided
in
subsection
2,
this
Act
applies
to
9
assessment
years
beginning
on
or
after
January
1,
2014.
10
2.
The
section
of
this
Act
amending
section
476.1D
applies
11
to
assessment
years
beginning
on
or
after
January
1,
2018.
12
EXPLANATION
13
This
bill
relates
to
the
manner
in
which
the
property
of
14
telecommunications
companies
is
assessed
and
taxed.
15
The
assessment
provisions
of
current
Code
section
16
433.4
provide
that
in
ascertaining
the
actual
value
of
17
telecommunications
company
property
the
director
of
revenue
18
shall
include
all
property
of
every
kind
and
character
19
whatsoever,
real,
personal,
or
mixed,
used
by
the
company
in
20
the
transaction
of
telegraph
and
telephone
business.
21
The
bill
strikes
the
provisions
that
included
all
kinds
and
22
character
of
property
in
the
determination
of
actual
value
23
of
a
company’s
property.
Instead,
the
bill
provides
that
24
for
assessment
years
beginning
on
or
after
January
1,
2014,
25
a
company’s
property,
excluding
central
office
equipment
and
26
qualified
telephone
company
property,
both
as
defined
in
the
27
bill,
shall
be
subject
to
assessment
and
taxation
under
Code
28
chapter
433
by
the
director
of
revenue
in
the
same
manner
as
29
property
assessed
and
taxed
as
commercial
property.
The
bill
30
provides,
however,
that
for
assessment
years
beginning
on
or
31
after
January
1,
2014,
the
director
of
revenue
shall
include
as
32
part
of
the
actual
value
so
determined
for
that
assessment
year
33
a
specified
amount
of
actual
value
of
the
company’s
qualified
34
telephone
company
property.
35
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The
bill
also
modifies
the
provision
relating
to
the
1
calculation
of
the
assessment
limitation
for
property
valued
by
2
the
department
of
revenue
pursuant
to
Code
chapters
428,
433,
3
437,
and
438
by
specifying
that
for
assessment
years
beginning
4
on
or
after
January
1,
2014,
such
assessment
limitation
shall
5
be
calculated
using
property
valuations
for
the
applicable
6
assessment
years
that
include
the
total
value
of
specified
7
telecommunications
company
property
exempted
from
taxation
8
under
new
Code
section
433.4(2)(b).
9
The
bill
strikes
a
provision
in
Code
section
476.1D
that
10
allowed
certain
specified
long-distance
telephone
company
11
property
to
be
assessed
for
taxation
as
commercial
property
by
12
the
local
assessor.
13
The
bill
establishes
a
study
to
be
facilitated
by
the
14
department
of
revenue,
in
consultation
with
applicable
15
stakeholders,
regarding
property
tax
on
telecommunications
16
companies.
The
department
of
revenue
will
study
the
current
17
system
of
assessing
property
and
levying
property
tax
18
for
telecommunications
companies.
A
report
detailing
any
19
recommended
changes
will
be
filed
with
the
chairperson
and
20
ranking
members
of
the
ways
and
means
committees
of
the
senate
21
and
the
house
of
representatives
and
with
the
legislative
22
services
agency
by
January
13,
2014.
23
The
bill
provides
that
the
provisions
in
Code
section
25B.7,
24
relating
to
the
obligation
of
the
state
to
reimburse
local
25
jurisdictions
for
property
tax
credits
and
exemptions,
do
not
26
apply
to
the
exemption
in
the
bill.
27
Except
for
the
section
of
the
bill
amending
Code
section
28
476.1D,
the
bill
takes
effect
July
1,
2013,
and
applies
to
29
assessment
years
beginning
on
or
after
January
1,
2014.
The
30
section
of
the
bill
amending
Code
section
476.1D
takes
effect
31
July
1,
2017,
and
applies
to
assessment
years
beginning
on
or
32
after
January
1,
2018.
33
The
bill,
pursuant
to
Code
section
4.13,
does
not
affect
the
34
application
of
Code
chapter
433
to
assessment
years
beginning
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before
January
1,
2014.
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