Senate
File
2420
-
Introduced
SENATE
FILE
2420
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
SF
2081)
A
BILL
FOR
An
Act
relating
to
commercial
and
industrial
property
tax
1
replacement
claims.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
2.48,
subsection
3,
paragraph
f,
1
subparagraph
(6),
Code
2018,
is
amended
by
striking
the
2
subparagraph.
3
Sec.
2.
Section
257.3,
subsection
1,
paragraph
d,
Code
2018,
4
is
amended
to
read
as
follows:
5
d.
The
amount
paid
to
each
school
district
for
the
6
commercial
and
industrial
property
tax
replacement
claim
under
7
section
441.21A
shall
be
regarded
as
property
tax.
The
For
8
fiscal
years
beginning
on
or
after
July
1,
2014,
but
before
9
July
1,
2019,
the
portion
of
the
payment
which
is
foundation
10
property
tax
shall
be
determined
by
applying
the
foundation
11
property
tax
rate
to
the
amount
computed
under
section
441.21A,
12
subsection
4
,
paragraph
“a”
,
and
such
amount
shall
be
prorated
13
pursuant
to
section
441.21A,
subsection
2
,
if
applicable.
14
For
fiscal
years
beginning
on
or
after
July
1,
2019,
but
15
before
July
1,
2025,
the
portion
of
the
payment
which
is
16
foundation
property
tax
shall
be
determined
as
the
result
of
17
the
apportionment
required
under
section
441.21A,
subsection
7.
18
Sec.
3.
Section
441.21A,
subsection
1,
paragraph
a,
Code
19
2018,
is
amended
to
read
as
follows:
20
a.
For
each
fiscal
year
beginning
on
or
after
July
1,
2014,
21
but
before
July
1,
2025,
there
is
appropriated
from
the
general
22
fund
of
the
state
to
the
department
of
revenue
an
amount
23
necessary
for
the
payment
of
all
commercial
and
industrial
24
property
tax
replacement
claims
under
this
section
for
the
25
fiscal
year.
However,
for
a
the
fiscal
year
beginning
on
or
26
after
July
1,
2017,
and
for
the
fiscal
year
beginning
July
1,
27
2018,
the
total
amount
of
moneys
appropriated
from
the
general
28
fund
of
the
state
to
the
department
of
revenue
for
the
payment
29
of
commercial
and
industrial
property
tax
replacement
claims
30
in
that
each
fiscal
year
shall
not
exceed
the
total
amount
of
31
money
necessary
to
pay
all
commercial
and
industrial
property
32
tax
replacement
claims
for
the
fiscal
year
beginning
July
1,
33
2016.
34
Sec.
4.
Section
441.21A,
subsections
2
and
3,
Code
2018,
are
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amended
to
read
as
follows:
1
2.
a.
Beginning
with
the
For
each
fiscal
year
beginning
2
on
or
after
July
1,
2014,
but
before
July
1,
2019,
each
county
3
treasurer
shall
be
paid
by
the
department
of
revenue
an
4
amount
equal
to
the
amount
of
the
commercial
and
industrial
5
property
tax
replacement
claims
in
the
county,
as
calculated
in
6
subsection
4
.
If
an
amount
appropriated
for
a
the
fiscal
year
7
beginning
on
July
1,
2017,
or
July
1,
2018,
is
insufficient
to
8
pay
all
replacement
claims
for
the
fiscal
year
,
the
director
of
9
revenue
shall
prorate
the
payment
of
replacement
claims
to
the
10
county
treasurers
and
shall
notify
the
county
auditors
of
the
11
pro
rata
percentage
on
or
before
September
30.
12
b.
For
each
fiscal
year
beginning
on
or
after
July
1,
2019,
13
but
before
July
1,
2025,
each
taxing
authority
shall
be
paid
by
14
the
department
of
revenue
an
amount
equal
to
the
amount
of
the
15
commercial
and
industrial
property
tax
replacement
claim
for
16
the
taxing
authority,
as
calculated
in
subsection
4A.
17
3.
a.
On
or
before
July
1
of
each
fiscal
year
beginning
on
18
or
after
July
1,
2014,
but
before
July
1,
2019,
the
assessor
19
shall
report
to
the
county
auditor
the
total
actual
value
of
20
all
commercial
property
and
industrial
property
in
the
county
21
that
is
subject
to
assessment
and
taxation
for
the
assessment
22
year
used
to
calculate
the
taxes
due
and
payable
in
that
fiscal
23
year.
24
b.
On
or
before
July
1,
2019,
the
department
of
revenue,
in
25
consultation
with
the
department
of
management,
shall
calculate
26
for
each
taxing
authority
in
this
state,
the
following:
27
(1)
The
total
assessed
value
as
of
January
1,
2012,
of
28
all
taxable
property
located
in
the
taxing
authority
that
is
29
subject
to
assessment
and
taxation
used
to
calculate
taxes
30
which
are
due
and
payable
in
the
fiscal
year
beginning
July
1,
31
2013,
excluding
property
subject
to
the
statewide
property
tax
32
imposed
under
section
437A.18
or
437B.14.
33
(2)
The
total
assessed
value
as
of
January
1,
2017,
of
34
all
taxable
property
located
in
the
taxing
authority
that
is
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subject
to
assessment
and
taxation
used
to
calculate
taxes
1
which
are
due
and
payable
in
the
fiscal
year
beginning
July
1,
2
2018,
excluding
property
subject
to
the
statewide
property
tax
3
imposed
under
section
437A.18
or
437B.14.
4
Sec.
5.
Section
441.21A,
subsection
4,
unnumbered
paragraph
5
1,
Code
2018,
is
amended
to
read
as
follows:
6
On
or
before
a
date
established
by
rule
of
the
department
7
of
revenue
of
each
fiscal
year
beginning
on
or
after
July
8
1,
2014,
but
before
July
1,
2019,
the
county
auditor
shall
9
prepare
a
statement,
based
upon
the
report
received
pursuant
to
10
subsection
3
,
paragraph
“a”
,
listing
for
each
taxing
district
11
in
the
county:
12
Sec.
6.
Section
441.21A,
Code
2018,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4A.
a.
As
used
in
this
section,
unless
the
15
context
clearly
requires
otherwise:
16
(1)
“Qualified
taxing
authority”
means
a
taxing
authority
17
for
which
the
amount
determined
under
subsection
3,
paragraph
18
“b”
,
subparagraph
(2),
is
less
than
one
hundred
nineteen
and
19
fifty-one
hundredths
percent
of
the
amount
determined
under
20
subsection
3,
paragraph
“b”
,
subparagraph
(1).
21
(2)
“Taxing
authority”
means
a
city,
county,
community
22
college,
school
district,
or
other
governmental
entity
or
23
political
subdivision
in
this
state
authorized
to
certify
a
24
levy
on
property
located
within
such
authority.
25
b.
For
fiscal
years
beginning
on
or
after
July
1,
2019,
26
but
before
July
1,
2025,
the
amount
of
each
taxing
authority’s
27
property
tax
replacement
payment
is
as
follows:
28
(1)
If
the
taxing
authority
is
a
qualified
taxing
authority:
29
(a)
For
the
fiscal
year
beginning
July
1,
2019,
six-sevenths
30
of
the
amount
received
by
the
taxing
authority
under
this
31
section
for
the
fiscal
year
beginning
July
1,
2018.
32
(b)
For
the
fiscal
year
beginning
July
1,
2020,
33
five-sevenths
of
the
amount
received
by
the
taxing
authority
34
under
this
section
for
the
fiscal
year
beginning
July
1,
2018.
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(c)
For
the
fiscal
year
beginning
July
1,
2021,
1
four-sevenths
of
the
amount
received
by
the
taxing
authority
2
under
this
section
for
the
fiscal
year
beginning
July
1,
2018.
3
(d)
For
the
fiscal
year
beginning
July
1,
2022,
4
three-sevenths
of
the
amount
received
by
the
taxing
authority
5
under
this
section
for
the
fiscal
year
beginning
July
1,
2018.
6
(e)
For
the
fiscal
year
beginning
July
1,
2023,
two-sevenths
7
of
the
amount
received
by
the
taxing
authority
under
this
8
section
for
the
fiscal
year
beginning
July
1,
2018.
9
(f)
For
the
fiscal
year
beginning
July
1,
2024,
one-seventh
10
of
the
amount
received
by
the
taxing
authority
under
this
11
section
for
the
fiscal
year
beginning
July
1,
2018.
12
(2)
If
the
taxing
authority
is
not
a
qualified
taxing
13
authority:
14
(a)
For
the
fiscal
year
beginning
July
1,
2019,
15
three-fourths
of
the
amount
received
by
the
taxing
authority
16
under
this
section
for
the
fiscal
year
beginning
July
1,
2018.
17
(b)
For
the
fiscal
year
beginning
July
1,
2020,
one-half
of
18
the
amount
received
by
the
taxing
authority
under
this
section
19
for
the
fiscal
year
beginning
July
1,
2018.
20
(c)
For
the
fiscal
year
beginning
July
1,
2021,
one-fourth
21
of
the
amount
received
by
the
taxing
authority
under
this
22
section
for
the
fiscal
year
beginning
July
1,
2018.
23
(d)
For
the
fiscal
year
beginning
July
1,
2022,
and
each
24
succeeding
fiscal
year
beginning
before
July
1,
2025,
zero.
25
(3)
The
department
of
revenue
shall
consult
with
the
26
department
of
management
to
calculate
the
amount
received
by
27
each
taxing
authority
in
this
state
under
this
section
as
the
28
result
of
commercial
and
industrial
property
tax
replacement
29
claims
paid
for
the
fiscal
year
beginning
July
1,
2018.
30
Sec.
7.
Section
441.21A,
subsection
5,
Code
2018,
is
amended
31
to
read
as
follows:
32
5.
For
purposes
of
computing
replacement
amounts
under
33
this
section
for
fiscal
years
beginning
on
or
after
July
1,
34
2014,
but
before
July
1,
2019
,
that
portion
of
an
urban
renewal
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area
defined
as
the
sum
of
the
assessed
valuations
defined
in
1
section
403.19,
subsections
1
and
2
,
shall
be
considered
a
2
taxing
district.
3
Sec.
8.
Section
441.21A,
subsection
6,
paragraph
a,
Code
4
2018,
is
amended
to
read
as
follows:
5
a.
The
For
fiscal
years
beginning
on
or
after
July
1,
2014,
6
but
before
July
1,
2019,
the
county
auditor
shall
certify
7
and
forward
one
copy
of
the
statement
to
the
department
of
8
revenue
not
later
than
a
date
of
each
year
established
by
the
9
department
of
revenue
by
rule.
10
Sec.
9.
Section
441.21A,
subsection
6,
Code
2018,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
f.
This
subsection
shall
apply
to
the
13
apportionment
of
replacement
claim
amounts
for
fiscal
years
14
beginning
on
or
after
July
1,
2014,
but
before
July
1,
2019.
15
Sec.
10.
Section
441.21A,
Code
2018,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
7.
a.
For
fiscal
years
beginning
on
18
or
after
July
1,
2019,
but
before
July
1,
2025,
each
taxing
19
authority’s
property
tax
replacement
claim
payment
calculated
20
under
subsection
4A
shall
be
paid
to
the
taxing
authority
in
21
equal
installments
in
September
and
March
of
each
year.
22
b.
The
taxing
authority’s
property
tax
replacement
claim
23
payment
shall
be
apportioned
and
credited
by
the
governing
24
body
of
the
taxing
authority
among
the
taxing
authority’s
tax
25
levies
in
the
same
proportion
that
each
property
tax
levy
26
bears
to
the
total
of
all
property
tax
levies
imposed
by
the
27
taxing
authority
for
the
fiscal
year
for
which
the
payment
is
28
received.
29
c.
Of
the
amounts
allocated
and
credited
to
each
property
30
tax
levy
that
is
subject
to
division
under
section
403.19,
31
the
total
amount
paid
into
the
fund
for
the
taxing
authority
32
as
taxes
by
or
for
the
taxing
authority
into
which
all
other
33
property
taxes
are
paid
and
the
special
fund
of
the
applicable
34
municipality
under
section
403.19,
subsection
2,
shall
be
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an
amount
of
the
property
tax
replacement
claim
that
is
1
proportionate
to
the
amount
of
the
total
sum
of
the
assessed
2
value
of
the
taxable
commercial
and
industrial
property
in
3
the
urban
renewal
area
as
a
share
of
total
assessed
value
4
of
all
taxable
property
in
the
taxing
authority
and
shall
be
5
apportioned
as
follows:
6
(1)
To
the
fund
for
the
taxing
authority
as
taxes
by
or
for
7
the
taxing
authority
into
which
all
other
property
taxes
are
8
paid,
an
amount
proportionate
to
the
amount
of
actual
value
of
9
the
commercial
and
industrial
property
in
the
urban
renewal
10
area
as
determined
in
section
403.19,
subsection
1,
that
was
11
subtracted
pursuant
to
section
403.20,
as
it
bears
to
the
12
total
amount
of
actual
value
of
the
commercial
and
industrial
13
property
in
the
urban
renewal
area
that
was
subtracted
pursuant
14
to
section
403.20
for
the
assessment
year
for
property
taxes
15
due
and
payable
in
the
fiscal
year
for
which
the
replacement
16
claim
is
computed.
17
(2)
(a)
To
the
special
fund
of
the
applicable
municipality
18
under
section
403.19,
subsection
2,
the
remaining
amount,
if
19
any.
20
(b)
The
amount
allocated
under
subparagraph
division
(a)
21
shall
not
exceed
the
amount
equal
to
the
amount
certified
to
22
the
county
auditor
under
section
403.19
for
the
fiscal
year
in
23
which
the
claim
is
paid,
after
deduction
of
the
amount
of
other
24
revenues
committed
for
payment
on
that
amount
for
the
fiscal
25
year.
The
amount
not
allocated
as
a
result
of
the
operation
of
26
this
subparagraph
division
(b)
shall
be
allocated
to
and
paid
27
into
the
fund
for
the
taxing
authority
as
taxes
by
or
for
the
28
taxing
authority
in
the
manner
provided
in
subparagraph
(1).
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
Current
Code
section
441.21A
establishes
and
appropriates
33
amounts
from
the
general
fund
of
the
state
for
commercial
34
and
industrial
property
tax
replacement
claims.
Such
claims
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are
calculated
by
the
department
of
revenue
based
on
the
1
difference
between
the
actual
value
and
assessed
value
of
all
2
commercial
and
industrial
property
in
each
taxing
district
3
in
the
state.
Current
law
appropriates
an
amount
necessary
4
for
the
payment
of
all
commercial
and
industrial
property
tax
5
replacement
claims
for
each
fiscal
year
beginning
on
or
after
6
July
1,
2014,
subject
to
a
maximum
total
appropriation
for
7
fiscal
years
beginning
on
or
after
July
1,
2017,
of
the
total
8
amount
necessary
for
the
payment
of
replacement
claims
in
the
9
fiscal
year
beginning
July
1,
2016.
This
bill
eliminates
the
10
appropriation
for
fiscal
years
beginning
on
or
after
July
1,
11
2025,
and
specifies
that
the
maximum
total
appropriation
for
12
the
fiscal
year
beginning
July
1,
2018,
shall
not
exceed
the
13
total
amount
necessary
for
the
payment
of
replacement
claims
in
14
the
fiscal
year
beginning
July
1,
2016.
15
The
bill
modifies
the
methodology
for
calculating
and
16
apportioning
commercial
and
industrial
property
tax
replacement
17
claims
for
fiscal
years
beginning
on
or
after
July
1,
2019,
18
but
before
July
1,
2025.
The
bill
requires
such
claims
to
be
19
calculated
based
on
and
paid
to
taxing
authorities,
as
defined
20
in
the
bill,
instead
of
taxing
districts
as
is
required
under
21
current
law.
The
amount
of
each
taxing
authority’s
replacement
22
claim
is
determined
based
on
specified
fractions
of
the
amount
23
received
by
the
taxing
authority
under
Code
section
441.21A
for
24
the
fiscal
year
beginning
July
1,
2018,
and
whether
the
taxing
25
authority
is
a
qualified
taxing
authority.
The
specified
26
fractions
are
reduced
over
the
period
of
fiscal
years
beginning
27
July
1,
2019,
and
ending
July
1,
2024,
in
the
case
of
a
28
qualified
taxing
authority,
and
July
1,
2021,
in
the
case
of
a
29
taxing
authority
that
is
not
a
qualified
taxing
authority.
The
30
appropriation
ceases
at
the
end
of
the
fiscal
year
beginning
31
July
1,
2024.
Under
the
bill,
a
qualified
taxing
authority
32
is
a
taxing
authority
in
which
the
total
assessed
value
as
33
of
January
1,
2017,
of
specified
taxable
property
located
in
34
the
taxing
authority
is
less
than
119.51
percent
of
the
total
35
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assessed
value
as
of
January
1,
2012,
of
specified
taxable
1
property
located
in
the
taxing
authority.
2
The
bill
requires
each
taxing
authority’s
property
tax
3
replacement
claim
payment
for
fiscal
years
beginning
on
or
4
after
July
1,
2019,
but
before
July
1,
2025,
to
be
apportioned
5
and
credited
by
the
governing
body
of
the
taxing
authority
6
among
the
taxing
authority’s
tax
levies
in
the
same
proportion
7
that
each
property
tax
levy
bears
to
the
total
of
all
property
8
tax
levies
imposed
by
the
taxing
authority
for
the
fiscal
year
9
for
which
the
payment
is
received.
The
bill
also
establishes
10
requirements
for
the
apportionment
of
amounts
allocated
to
11
property
tax
levies
that
are
subject
to
a
division
of
taxes
12
under
Code
section
403.19
(tax
increment
financing).
13
Under
current
law,
the
legislative
tax
expenditure
committee
14
established
under
Code
section
2.48
is
required
to
review
15
the
commercial
and
industrial
property
tax
replacement
claim
16
expenditures.
The
bill
eliminates
that
required
periodic
17
review.
18
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