House
File
446
-
Introduced
HOUSE
FILE
446
BY
JACOBY
A
BILL
FOR
An
Act
relating
to
property
taxes
by
modifying
the
calculation
1
of
assessment
limitations
for
certain
property,
providing
2
a
local
government
supplement,
making
appropriations,
and
3
including
effective
date
and
retroactive
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2176YH
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446
Section
1.
Section
441.21,
subsection
4,
Code
2023,
is
1
amended
to
read
as
follows:
2
4.
For
valuations
established
as
of
January
1,
1979,
3
the
percentage
of
actual
value
at
which
agricultural
and
4
residential
property
shall
be
assessed
shall
be
the
quotient
of
5
the
dividend
and
divisor
as
defined
in
this
section
.
6
a.
(1)
The
dividend
for
each
class
of
property
shall
be
7
the
dividend
as
determined
for
each
class
of
property
for
8
valuations
established
as
of
January
1,
1978,
adjusted
by
the
9
product
obtained
by
multiplying
the
percentage
determined
10
for
that
year
by
the
amount
of
any
additions
or
deletions
to
11
actual
value,
excluding
those
resulting
from
the
revaluation
12
of
existing
properties,
as
reported
by
the
assessors
on
the
13
abstracts
of
assessment
for
1978,
plus
six
percent
of
the
14
amount
so
determined.
15
(2)
However,
if
the
difference
between
the
dividend
so
16
determined
for
either
class
of
property
and
the
dividend
for
17
that
class
of
property
for
valuations
established
as
of
January
18
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
19
the
percentage
determined
for
that
year
by
the
amount
of
20
any
additions
or
deletions
to
actual
value,
excluding
those
21
resulting
from
the
revaluation
of
existing
properties,
as
22
reported
by
the
assessors
on
the
abstracts
of
assessment
for
23
1978,
is
less
than
six
percent,
the
1979
dividend
for
the
other
24
class
of
property
shall
be
the
dividend
as
determined
for
that
25
class
of
property
for
valuations
established
as
of
January
26
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
27
the
percentage
determined
for
that
year
by
the
amount
of
28
any
additions
or
deletions
to
actual
value,
excluding
those
29
resulting
from
the
revaluation
of
existing
properties,
as
30
reported
by
the
assessors
on
the
abstracts
of
assessment
for
31
1978,
plus
a
percentage
of
the
amount
so
determined
which
is
32
equal
to
the
percentage
by
which
the
dividend
as
determined
33
for
the
other
class
of
property
for
valuations
established
34
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
35
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446
multiplying
the
percentage
determined
for
that
year
by
the
1
amount
of
any
additions
or
deletions
to
actual
value,
excluding
2
those
resulting
from
the
revaluation
of
existing
properties,
as
3
reported
by
the
assessors
on
the
abstracts
of
assessment
for
4
1978,
is
increased
in
arriving
at
the
1979
dividend
for
the
5
other
class
of
property.
6
(3)
For
valuations
established
for
assessment
years
7
beginning
on
or
after
January
1,
2022,
the
calculation
of
the
8
dividend
for
residential
property
under
this
subsection
shall
9
exclude
the
value
of
all
property
described
in
subsection
14,
10
paragraph
“a”
,
subparagraphs
(2),
(3),
(4),
(5),
and
(6),
11
and
the
property
described
in
subsection
14,
paragraph
“a”
,
12
subparagraph
(7),
that
contains
three
or
more
separate
dwelling
13
units.
14
b.
(1)
The
divisor
for
each
class
of
property
shall
be
15
the
total
actual
value
of
all
such
property
in
the
state
16
in
the
preceding
year,
as
reported
by
the
assessors
on
the
17
abstracts
of
assessment
submitted
for
1978,
plus
the
amount
of
18
value
added
to
said
total
actual
value
by
the
revaluation
of
19
existing
properties
in
1979
as
equalized
by
the
director
of
20
revenue
pursuant
to
section
441.49
.
The
director
shall
utilize
21
information
reported
on
abstracts
of
assessment
submitted
22
pursuant
to
section
441.45
in
determining
such
percentage.
23
(2)
For
valuations
established
for
assessment
years
24
beginning
on
or
after
January
1,
2022,
the
calculation
of
the
25
divisor
for
residential
property
under
this
subsection
shall
26
exclude
the
value
of
all
property
described
in
subsection
14,
27
paragraph
“a”
,
subparagraphs
(2),
(3),
(4),
(5),
and
(6),
28
and
the
property
described
in
subsection
14,
paragraph
“a”
,
29
subparagraph
(7),
that
contains
three
or
more
separate
dwelling
30
units.
31
c.
(1)
For
valuations
established
as
of
January
1,
1980,
32
and
each
assessment
year
thereafter
beginning
before
January
33
1,
2013,
the
percentage
of
actual
value
as
equalized
by
the
34
director
of
revenue
as
provided
in
section
441.49
at
which
35
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agricultural
and
residential
property
shall
be
assessed
shall
1
be
calculated
in
accordance
with
the
methods
provided
in
2
this
subsection
,
including
the
limitation
of
increases
in
3
agricultural
and
residential
assessed
values
to
the
percentage
4
increase
of
the
other
class
of
property
if
the
other
class
5
increases
less
than
the
allowable
limit
adjusted
to
include
6
the
applicable
and
current
values
as
equalized
by
the
director
7
of
revenue,
except
that
any
references
to
six
percent
in
this
8
subsection
shall
be
four
percent.
9
(2)
For
valuations
established
as
of
January
1,
2013,
and
10
each
assessment
year
thereafter,
the
percentage
of
actual
11
value
as
equalized
by
the
department
of
revenue
as
provided
in
12
section
441.49
at
which
agricultural
and
residential
property
13
shall
be
assessed
shall
be
calculated
in
accordance
with
the
14
methods
provided
in
this
subsection
,
including
the
limitation
15
of
increases
in
agricultural
and
residential
assessed
values
to
16
the
percentage
increase
of
the
other
class
of
property
if
the
17
other
class
increases
less
than
the
allowable
limit
adjusted
18
to
include
the
applicable
and
current
values
as
equalized
by
19
the
department
of
revenue,
except
that
any
references
to
six
20
percent
in
this
subsection
shall
be
three
percent.
21
Sec.
2.
LOCAL
GOVERNMENT
SUPPLEMENT
——
FY
2023-2024.
22
1.
For
the
fiscal
year
beginning
July
1,
2023,
there
is
23
appropriated
from
the
taxpayer
relief
fund
under
section
8.57E
24
to
the
department
of
revenue
an
amount
necessary
to
be
used
25
for
payments
under
this
section
calculated
as
a
result
of
the
26
amendments
to
the
calculation
of
assessment
limitations
under
27
section
441.21,
subsection
4,
as
amended
in
this
Act.
28
2.
For
the
fiscal
year
beginning
July
1,
2023,
each
county
29
treasurer
shall
be
paid
by
the
department
of
revenue
an
amount
30
calculated
under
subsection
4.
31
3.
On
or
before
April
1,
2023,
the
assessor
shall
report
to
32
the
county
auditor
the
total
actual
value
of
all
residential
33
property
in
the
county
that
is
subject
to
the
assessment
34
limitations
imposed
under
section
441.21,
subsection
4,
for
the
35
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446
assessment
year
beginning
January
1,
2022.
1
4.
The
county
auditor
shall
prepare
a
statement,
based
on
2
the
report
received
in
subsection
3,
listing
for
each
taxing
3
district
in
the
county:
4
a.
The
product
of
the
total
actual
value
of
all
residential
5
property
that
is
subject
to
the
assessment
limitations
under
6
section
441.21,
subsection
4,
for
the
assessment
year
beginning
7
January
1,
2022,
multiplied
by
the
difference,
stated
as
a
8
percentage,
between
the
assessment
limitation
percentage
9
applicable
to
residential
property
under
section
441.21,
10
subsection
4,
for
the
assessment
year
beginning
January
1,
11
2022,
as
amended
in
this
Act,
and
the
assessment
limitation
12
percentage
that
would
be
applicable
to
residential
property
13
under
section
441.21,
subsection
4,
Code
2023,
for
the
14
assessment
year
beginning
January
1,
2022,
but
for
enactment
15
of
this
Act.
16
b.
The
tax
levy
rate
per
one
thousand
dollars
of
assessed
17
value
for
each
taxing
district
for
the
fiscal
year
beginning
18
July
1,
2023.
19
c.
The
amount
of
the
payment
for
each
county,
which
is
equal
20
to
the
amount
determined
under
paragraph
“a”,
multiplied
by
the
21
tax
rate
specified
in
paragraph
“b”,
and
then
divided
by
one
22
thousand
dollars.
23
5.
The
county
auditor
shall
certify
and
forward
one
copy
of
24
the
statement
described
in
subsection
4
to
the
department
of
25
revenue
and
the
department
of
management
not
later
than
June
26
1,
2023.
27
6.
The
amounts
determined
under
this
section
shall
be
28
paid
by
the
department
of
revenue
to
the
county
treasurers
29
in
equal
installments
in
September
2023
and
March
2024.
The
30
county
treasurer
shall
apportion
the
payments
among
the
31
eligible
taxing
districts
in
the
county
and
the
amounts
32
received
by
each
taxing
authority
shall
be
treated
the
same
as
33
property
taxes
paid.
Taxing
entities
shall
not
be
required
to
34
recertify
budgets
for
the
fiscal
year
beginning
July
1,
2023,
35
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446
as
the
result
of
the
supplement
payments.
The
department
of
1
management
shall,
however,
adjust
property
tax
levy
rates
for
2
the
fiscal
year
to
account
for
amounts
received
under
this
3
section.
4
Sec.
3.
IMPLEMENTATION.
5
1.
Notwithstanding
the
requirements
of
section
441.21,
6
subsection
9,
and
any
other
provision
of
law
to
the
contrary,
7
the
director
of
the
department
of
revenue
shall,
within
two
8
business
days
following
the
effective
date
of
this
Act,
issue
9
an
amended
order
certifying
to
the
county
auditor
of
each
10
county
the
percentages
of
actual
value
at
which
residential
11
property,
commercial
property,
industrial
property,
and
12
property
valued
by
the
department
of
revenue
pursuant
to
13
chapter
434
shall
be
assessed
for
taxation
under
section
14
441.21,
subsection
9,
for
the
assessment
year
beginning
January
15
1,
2022.
The
amended
order
shall
supersede
all
previous
16
orders
certifying
percentages
for
assessment
limitations
for
17
residential
property,
commercial
property,
industrial
property,
18
and
property
valued
by
the
department
of
revenue
pursuant
to
19
chapter
434
for
the
assessment
year
beginning
January
1,
2022.
20
2.
Notwithstanding
the
requirements
of
section
441.21,
21
subsection
9,
and
any
other
provision
of
law
to
the
contrary,
22
upon
receipt
of
the
amended
order
under
subsection
1,
each
23
county
auditor
shall
proceed
to
determine
the
assessed
values
24
of
residential
property,
commercial
property,
industrial
25
property,
and
property
valued
by
the
department
of
revenue
26
pursuant
to
chapter
434
for
the
assessment
year
beginning
27
January
1,
2022,
by
applying
the
percentages
from
the
amended
28
order
to
the
actual
value
of
such
property
reported
to
the
29
county
auditor
by
the
assessor.
The
assessed
values
so
30
determined
shall
be
the
taxable
values
of
such
properties
upon
31
which
the
applicable
levy
shall
be
made.
32
3.
Notwithstanding
any
provision
of
law
to
the
contrary,
33
each
county
auditor,
within
fifteen
days
after
issuance
of
34
the
order
under
subsection
1,
shall
report
the
valuation
by
35
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446
class
of
property
for
each
taxing
district
in
the
county
1
for
the
assessment
year
beginning
January
1,
2022,
to
the
2
department
of
management
on
forms
provided
by
the
department
of
3
management.
The
valuations
reported
shall
be
the
valuations
4
used
for
determining
the
levy
rates
necessary
to
fund
political
5
subdivision
budgets
for
the
fiscal
year
beginning
July
1,
2023,
6
subject
to
the
adjustment
of
levy
rates
under
the
section
of
7
this
Act
providing
for
local
government
payments
for
the
fiscal
8
year
beginning
July
1,
2023.
9
4.
In
order
to
implement
this
Act,
political
subdivision
10
budgets
for
the
fiscal
year
beginning
July
1,
2023,
11
notwithstanding
any
other
provision
of
law
relating
to
the
12
timing
of
certifying
budgets,
shall
be
certified
on
or
before
13
April
30,
2023.
If
a
political
subdivision
certifies
or
14
recertifies
its
applicable
budget
after
March
31,
2023,
all
15
relevant
protest
and
appeal
time
limits
shall
be
extended
to
16
correspond
to
allowances
for
a
timely
filing.
If
a
political
17
subdivision
has
certified
its
budget
for
the
fiscal
year
18
beginning
July
1,
2023,
before
the
effective
date
of
this
Act,
19
the
political
subdivision
may
recertify
its
budget
on
or
before
20
April
30,
2023.
21
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
Sec.
5.
RETROACTIVE
APPLICABILITY.
This
Act
applies
24
retroactively
to
assessment
years
beginning
on
or
after
January
25
1,
2022.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
Code
section
441.21(4)
establishes
the
calculation
used
30
to
determine
the
assessment
limitation
for
residential
31
property
and
agricultural
property.
As
the
result
of
2021
32
legislation,
certain
property
that
was
previously
classified
33
as
multiresidential
property
is
classified
as
residential
34
property
for
assessment
years
beginning
on
or
after
January
1,
35
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446
2022,
and
the
valuations
of
such
property
are
included
within
1
the
aggregate
valuations
used
to
calculate
the
assessment
2
limitation
under
Code
section
441.21(4).
This
bill
excludes
3
the
values
of
the
following
from
the
calculation
of
the
4
assessment
limitation
for
assessment
years
beginning
on
5
or
after
January
1,
2022:
mobile
home
parks;
manufactured
6
home
communities;
land-leased
communities;
assisted
living
7
facilities;
parcels
primarily
used
or
intended
for
human
8
habitation
containing
three
or
more
separate
dwelling
units;
9
and
that
portion
of
a
parcel
primarily
used
or
intended
for
use
10
as
commercial
property
or
industrial
property
that
is
used
or
11
intended
for
human
habitation
containing
three
or
more
separate
12
dwelling
units.
13
The
bill
provides
for
local
government
supplement
payments
14
for
the
fiscal
year
beginning
July
1,
2023.
The
bill
15
appropriates
from
the
taxpayer
relief
fund
to
the
department
of
16
revenue
an
amount
necessary
to
be
used
for
payments
calculated
17
as
a
result
of
the
amendments
to
the
calculation
of
assessment
18
limitations
under
Code
section
441.21(4),
as
amended
in
the
19
bill.
County
treasurers
shall
apportion
the
payments
among
20
the
eligible
taxing
districts
in
the
county
and
the
amounts
21
received
by
each
taxing
authority
shall
be
treated
the
same
as
22
property
taxes
paid.
Taxing
entities
shall
not
be
required
to
23
recertify
budgets
for
the
fiscal
year
beginning
July
1,
2023,
24
as
the
result
of
the
supplement
payments.
The
department
of
25
management
shall,
however,
adjust
property
tax
levy
rates
for
26
the
fiscal
year
to
account
for
amounts
received
under
the
bill.
27
The
bill
includes
implementation
provisions
requiring
the
28
director
of
the
department
of
revenue,
within
two
business
29
days
following
the
effective
date
of
the
bill,
to
issue
an
30
amended
order
certifying
to
the
county
auditor
of
each
county
31
the
percentages
of
actual
value
at
which
residential
property,
32
commercial
property,
industrial
property,
and
property
valued
33
by
the
department
of
revenue
pursuant
to
Code
chapter
434
shall
34
be
assessed
for
taxation.
The
bill
also
requires
each
county
35
-7-
LSB
2176YH
(2)
90
md/jh
7/
8
H.F.
446
auditor
to
determine
revised
assessed
values
based
on
the
1
amended
order
and
report
the
revised
values
to
the
department
2
of
management
within
15
days
after
issuance
of
the
order
and
3
includes
provisions
governing
the
certification
of
county
and
4
city
budgets
for
the
fiscal
year
beginning
July
1,
2023.
5
The
bill
takes
effect
upon
enactment
and
applies
6
retroactively
to
assessment
years
beginning
on
or
after
January
7
1,
2022.
8
-8-
LSB
2176YH
(2)
90
md/jh
8/
8