Senate File 356 - Introduced SENATE FILE 356 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1124) A BILL FOR An Act relating to local government property taxes, financial 1 authority, operations, and budgets, and including effective 2 date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1100SV (2) 90 md/jh
S.F. 356 DIVISION I 1 COUNTY PROPERTY TAXES AND BUDGETS 2 Section 1. Section 331.301, subsection 10, paragraph e, 3 subparagraph (1), Code 2023, is amended to read as follows: 4 (1) (a) The board must follow substantially the 5 authorization procedures of section 331.443 to authorize 6 a lease or lease-purchase contract for personal property 7 which is payable from the general fund. The board must 8 follow substantially the authorization procedures of section 9 331.443 to authorize a lease or lease-purchase contract for 10 real property which is payable from the general fund if the 11 principal amount of the lease-purchase contract does not exceed 12 the following limits: 13 (i) Four Two hundred eighty thousand dollars in a county 14 having a population of twenty-five thousand or less. 15 (ii) Five Three hundred fifty thousand dollars in a county 16 having a population of more than twenty-five thousand but not 17 more than fifty thousand. 18 (iii) Six Four hundred twenty thousand dollars in a county 19 having a population of more than fifty thousand but not more 20 than one hundred thousand. 21 (iv) Eight Five hundred sixty thousand dollars in a county 22 having a population of more than one hundred thousand but not 23 more than two hundred thousand. 24 (v) One million Seven hundred thousand dollars in a county 25 having a population of more than two hundred thousand. 26 (b) However, if the principal amount of a lease or 27 lease-purchase contract pursuant to this subparagraph (1) is 28 less than twenty-five seventeen thousand five hundred dollars, 29 the board may authorize the lease or lease-purchase contract 30 without following the authorization procedures of section 31 331.443 . 32 Sec. 2. Section 331.402, subsection 3, paragraph d, 33 subparagraph (1), subparagraph divisions (a), (b), (c), (d), 34 and (e), Code 2023, are amended to read as follows: 35 -1- LSB 1100SV (2) 90 md/jh 1/ 36
S.F. 356 (a) Four Two hundred eighty thousand dollars in a county 1 having a population of twenty-five thousand or less. 2 (b) Five Three hundred fifty thousand dollars in a county 3 having a population of more than twenty-five thousand but not 4 more than fifty thousand. 5 (c) Six Four hundred twenty thousand dollars in a county 6 having a population of more than fifty thousand but not more 7 than one hundred thousand. 8 (d) Eight Five hundred sixty thousand dollars in a county 9 having a population of more than one hundred thousand but not 10 more than two hundred thousand. 11 (e) One million Seven hundred thousand dollars in a county 12 having a population of more than two hundred thousand. 13 Sec. 3. Section 331.403, subsection 1, Code 2023, is amended 14 to read as follows: 15 1. Not later than December 1 of each year on forms and 16 pursuant to instructions prescribed by the department of 17 management, a county shall prepare an annual financial report 18 showing for each county fund the financial condition as of 19 June 30 and the results of operations for the year then ended. 20 Copies of the report shall be maintained as a public record at 21 the auditor’s office and shall be filed with the director of 22 the department of management and with the auditor of state by 23 December 1. A summary of the report, in a form prescribed by 24 the director, shall be published by each county not later than 25 December 1 of each year in one or more newspapers which meet 26 the requirements of section 618.14 . Beginning with the annual 27 financial report filed by December 1, 2024, each report shall 28 include a list of bonds, notes, or other obligations issued by 29 the county during the preceding fiscal year payable from any 30 source, including the amount of the issuance, the project or 31 purpose of the issuance, whether the issuance was approved 32 at election or eligible to be subject to a petition for an 33 election, and identification of issuances from the fiscal year 34 or prior fiscal years related to the same project or purpose. 35 -2- LSB 1100SV (2) 90 md/jh 2/ 36
S.F. 356 Sec. 4. Section 331.423, Code 2023, is amended to read as 1 follows: 2 331.423 Basic levies —— maximums —— adjustments . 3 Annually, the board may certify basic levies, subject to the 4 following limits: 5 1. For general county services , : 6 a. For fiscal years beginning before July 1, 2024, three 7 dollars and fifty cents per thousand dollars of the assessed 8 value of all taxable property in the county. 9 b. For the fiscal year beginning July 1, 2024, a levy rate 10 per thousand dollars of taxable value equal to the sum of three 11 dollars and fifty cents plus the sum of the amount per thousand 12 dollars of taxable value levied by the county under section 13 331.424, subsection 1, paragraph “a” , subparagraph (6), Code 14 2023, for the fiscal year beginning July 1, 2023, and the sum 15 of the amount per thousand dollars of taxable value levied for 16 general county services under section 331.426, Code 2023, for 17 the fiscal year beginning July 1, 2023. 18 c. (1) For each fiscal year beginning on or after July 1, 19 2025, subject to paragraph “d” , the greater of three dollars 20 and fifty cents per thousand dollars of assessed value used to 21 calculate taxes for the budget year and the amount determined 22 under paragraph “b” , as adjusted under subparagraph (2), if 23 applicable. 24 (2) If the total assessed value used to calculate taxes for 25 general county services for the budget year exceeds one hundred 26 two and one-half percent of the total assessed value used to 27 calculate taxes for the current fiscal year, the levy rate per 28 thousand dollars determined under paragraph “b” , as previously 29 adjusted under this subparagraph, if applicable, shall be 30 reduced to a rate per one thousand dollars of assessed value 31 that is equal to one thousand multiplied by the quotient of the 32 current fiscal year’s actual property tax dollars certified for 33 levy under this subsection 1 divided by one hundred two and 34 one-half percent of the total assessed value used to calculate 35 -3- LSB 1100SV (2) 90 md/jh 3/ 36
S.F. 356 taxes for the current fiscal year. 1 d. In addition to the limitation under paragraph “c” , 2 for fiscal years beginning on or after July 1, 2025, if the 3 county’s actual levy rate imposed under this subsection for the 4 current fiscal year is three dollars and fifty cents or less 5 per thousand dollars of assessed value and the total assessed 6 value used to calculate taxes for the budget year exceeds one 7 hundred three and twenty-five hundredths percent of the total 8 assessed value used to calculate taxes for the current fiscal 9 year, the levy rate imposed under this subsection for the 10 budget year shall not exceed a rate per one thousand dollars 11 of assessed value that is equal to one thousand multiplied by 12 the quotient of the current fiscal year’s actual property tax 13 dollars certified for levy under this subsection 1 divided by 14 one hundred three and twenty-five hundredths percent of the 15 total assessed value used to calculate taxes for the current 16 fiscal year. 17 2. For rural county services , : 18 a. For fiscal years beginning before July 1, 2024, three 19 dollars and ninety-five cents per thousand dollars of the 20 assessed value of taxable property in the county outside of 21 incorporated city areas. 22 b. For the fiscal year beginning July 1, 2024, a levy rate 23 per thousand dollars of taxable value equal to the sum of three 24 dollars and ninety-five cents plus the sum of the amount per 25 thousand dollars of taxable value levied for rural county 26 services under section 331.426, Code 2023, for the fiscal year 27 beginning July 1, 2023. 28 c. (1) For each fiscal year beginning on or after July 1, 29 2025, subject to paragraph “d” , the greater of three dollars 30 and ninety-five cents per thousand dollars of assessed value 31 used to calculate taxes for the budget year and the amount 32 determined under paragraph “b” , as adjusted under subparagraph 33 (2), if applicable. 34 (2) If the total assessed value used to calculate taxes 35 -4- LSB 1100SV (2) 90 md/jh 4/ 36
S.F. 356 for rural county services under this subsection for the budget 1 year exceeds one hundred two and one-half percent of the total 2 assessed value used to calculate taxes for the current fiscal 3 year, the levy rate per thousand dollars determined under 4 paragraph “b” , as previously adjusted under this subparagraph, 5 if applicable, shall be reduced to a rate per one thousand 6 dollars of assessed value that is equal to one thousand 7 multiplied by the quotient of the current fiscal year’s actual 8 property tax dollars certified for levy under this subsection 2 9 divided by one hundred two and one-half percent of the total 10 assessed value used to calculate taxes for the current fiscal 11 year. 12 d. In addition to the limitation under paragraph “c” , 13 for fiscal years beginning on or after July 1, 2025, if the 14 county’s actual levy rate imposed under this subsection for 15 the current fiscal year is three dollars and ninety-five 16 cents or less per thousand dollars of assessed value and the 17 total assessed value used to calculate taxes for the budget 18 year exceeds one hundred three and twenty-five hundredths 19 percent of the total assessed value used to calculate taxes 20 for the current fiscal year, the levy rate imposed under this 21 subsection for the budget year shall not exceed a rate per 22 one thousand dollars of assessed value that is equal to one 23 thousand multiplied by the quotient of the current fiscal 24 year’s actual property tax dollars certified for levy under 25 this subsection 2 divided by one hundred three and twenty-five 26 hundredths percent of the total assessed value used to 27 calculate taxes for the current fiscal year. 28 3. For purposes of this section: 29 a. “Budget year” means the same as defined in section 30 331.433A, subsection 1. 31 b. “Current fiscal year” means the same as defined in 32 section 331.433A, subsection 1. 33 Sec. 5. Section 331.424, subsection 1, paragraph a, 34 subparagraph (6), Code 2023, is amended by striking the 35 -5- LSB 1100SV (2) 90 md/jh 5/ 36
S.F. 356 subparagraph. 1 Sec. 6. Section 331.426, Code 2023, is amended to read as 2 follows: 3 331.426 Additions to basic levies. 4 1. If a county has unusual circumstances a natural disaster , 5 creating a need for additional property taxes for general 6 county services or rural county services in excess of the 7 amount that can be raised by the levies otherwise permitted 8 under sections 331.423 through 331.425 , the board may certify 9 additions to each of the basic levies as follows: by complying 10 with the provisions of subsection 2. 11 1. The basis for justifying an additional property tax under 12 this section must be one or more of the following: 13 a. An unusual increase in population as determined by the 14 preceding certified federal census. 15 b. A natural disaster or other emergency. 16 c. Unusual problems relating to major new functions required 17 by state law. 18 d. Unusual staffing problems. 19 e. Unusual need for additional moneys to permit continuance 20 of a program which provides substantial benefit to county 21 residents. 22 f. Unusual need for a new program which will provide 23 substantial benefit to county residents, if the county 24 establishes the need and the amount of necessary increased 25 cost. 26 g. A reduced or unusually low growth rate in the property 27 tax base of the county. 28 2. a. The public notice of a hearing on the county budget 29 required by section 331.434, subsection 3 , shall include the 30 following additional information for the applicable class of 31 services related to the natural disaster : 32 (1) A statement that the accompanying budget summary 33 requires a proposed basic property tax rate exceeding the 34 maximum rate established by the general assembly. 35 -6- LSB 1100SV (2) 90 md/jh 6/ 36
S.F. 356 (2) A comparison of the proposed basic tax rate with the 1 maximum basic tax rate, and the dollar amount of the difference 2 between the proposed rate and the maximum rate. 3 (3) A statement of the major reasons resulting from the 4 natural disaster for the difference between the proposed basic 5 tax rate and the maximum basic tax rate. 6 b. The information required by this subsection shall be 7 published in a conspicuous form as prescribed by the committee. 8 Sec. 7. Section 331.433A, subsection 5, paragraph b, Code 9 2023, is amended to read as follows: 10 b. (1) If the sum of the maximum property tax dollars 11 for the budget year specified in the resolution for either 12 general county services or for rural county services under the 13 levies specified in subsection 2 , paragraphs “a” and “b” , as 14 applicable, exceeds one hundred two percent of the sum of the 15 current fiscal year’s actual property taxes certified for levy 16 for general county services or rural county services under the 17 levies specified in subsection 2 , paragraphs “a” and “b” , as 18 applicable, the board shall be required to adopt the resolution 19 by a two-thirds majority of the membership of the board. 20 (2) (a) For the budget year beginning July 1, 2024, the 21 amount of the current fiscal year’s actual property taxes 22 certified for levy for general county services shall include 23 amounts certified for levy under section 331.424, subsection 1, 24 paragraph “a” , subparagraph (6), Code 2023, and under section 25 331.426, Code 2023. 26 (b) For the budget year beginning July 1, 2024, the amount 27 of the current fiscal year’s actual property taxes certified 28 for levy for rural county services shall include amounts 29 certified for levy under Code section 331.426, Code 2023. 30 Sec. 8. Section 331.441, subsection 2, paragraph b, 31 subparagraph (5), subparagraph divisions (a), (b), (c), (d), 32 and (e), Code 2023, are amended to read as follows: 33 (a) Six Four hundred twenty thousand dollars in a county 34 having a population of twenty-five thousand or less. 35 -7- LSB 1100SV (2) 90 md/jh 7/ 36
S.F. 356 (b) Seven Five hundred fifty twenty-five thousand dollars 1 in a county having a population of more than twenty-five 2 thousand but not more than fifty thousand. 3 (c) Nine Six hundred thirty thousand dollars in a county 4 having a population of more than fifty thousand but not more 5 than one hundred thousand. 6 (d) One million two Eight hundred forty thousand dollars in 7 a county having a population of more than one hundred thousand 8 but not more than two hundred thousand. 9 (e) One million five hundred fifty thousand dollars in a 10 county having a population of more than two hundred thousand. 11 Sec. 9. Section 331.441, subsection 2, paragraph c, 12 subparagraph (11), Code 2023, is amended by striking the 13 subparagraph. 14 Sec. 10. Section 331.442, subsection 5, paragraph a, 15 subparagraphs (1), (2), and (3), Code 2023, are amended to read 16 as follows: 17 (1) In counties having a population of twenty thousand 18 or less, in an amount of not more than one hundred seventy 19 thousand dollars. 20 (2) In counties having a population of over twenty thousand 21 and not over fifty thousand, in an amount of not more than two 22 one hundred forty thousand dollars. 23 (3) In counties having a population of over fifty thousand, 24 in an amount of not more than three two hundred ten thousand 25 dollars. 26 Sec. 11. EFFECTIVE DATE. This division of this Act takes 27 effect July 1, 2024. 28 Sec. 12. APPLICABILITY. This division of this Act applies 29 to taxes and budgets for fiscal years beginning on or after 30 July 1, 2024. 31 DIVISION II 32 CITY PROPERTY TAXES AND BUDGETS 33 Sec. 13. Section 24.48, subsection 5, Code 2023, is amended 34 by adding the following new paragraph: 35 -8- LSB 1100SV (2) 90 md/jh 8/ 36
S.F. 356 NEW PARAGRAPH . c. For budgets for fiscal years beginning on 1 or after July 1, 2024, if the political subdivision is a city, 2 a suspension of the statutory property tax levy limitations 3 under this section shall only be approved by the state appeal 4 board in the event of a natural disaster. 5 Sec. 14. Section 28M.5, subsection 1, Code 2023, is amended 6 to read as follows: 7 1. The commission, with the approval of the board of 8 supervisors of participating counties and the city council 9 of participating cities in the chapter 28E agreement, may 10 levy annually a tax not to exceed ninety-five cents per 11 thousand dollars of the assessed value of all taxable property 12 in a regional transit district to the extent provided in 13 this section . The chapter 28E agreement may authorize the 14 commission to levy the tax at different rates within the 15 participating cities and counties in amounts sufficient to meet 16 the revenue responsibilities of such cities and counties as 17 allocated in the budget adopted by the commission. However, 18 for a city participating in a regional transit district, the 19 total of all the tax levies imposed in the city pursuant 20 to section 384.12, subsection 10 1 , and this section shall 21 not exceed the aggregate of ninety-five cents per thousand 22 dollars of the assessed value of all taxable property in the 23 participating city. 24 Sec. 15. Section 37.8, Code 2023, is amended to read as 25 follows: 26 37.8 Levy for Cost of development, operation, and 27 maintenance. 28 For the development, operation, and maintenance of a 29 building or monument constructed, purchased, or donated under 30 this chapter , a city may levy a tax not to exceed eighty-one 31 cents per thousand dollars of assessed value on all the taxable 32 property within the city, as provided in section 384.12, 33 subsection 2 utilize taxes levied under section 384.1 . 34 Sec. 16. Section 357G.8, Code 2023, is amended to read as 35 -9- LSB 1100SV (2) 90 md/jh 9/ 36
S.F. 356 follows: 1 357G.8 Election on proposed levy and of candidates for 2 trustees —— funding of operations . 3 1. When a preliminary plat has been approved by the council, 4 an election shall be held within the district within sixty days 5 to approve or disapprove the levy of an initial tax of not 6 more than one dollar per thousand dollars of assessed value 7 on all the taxable property within the district and to choose 8 candidates for the offices of trustees of the district. The 9 ballot shall set out the reason for the tax and the amount 10 needed. The tax shall be set to raise only the amount needed. 11 Notice of the election, including the time and place of holding 12 the election, shall be given as provided in section 357G.4 . 13 The vote shall be by ballot which shall state clearly the 14 proposition to be voted upon and any registered voter residing 15 within the district at the time of the election may vote. It 16 is not mandatory for the county commissioner of elections 17 to conduct elections held pursuant to this chapter , but the 18 elections shall be conducted in accordance with chapter 49 19 where not in conflict with this chapter . Judges shall be 20 appointed to serve without pay by the council from among the 21 registered voters of the district to be in charge of the 22 election. The proposition is approved if sixty percent of 23 those voting on the proposition vote in favor of it. 24 2. a. If the tax authorized under subsection 1 is 25 insufficient to provide the services authorized under this 26 chapter , the trustees may levy an additional annual tax, at 27 a rate necessary to provide the authorized services, if such 28 authority for an additional tax is approved at election held 29 separately and after the election held under subsection 1 . 30 The district’s operations shall be funded from general fund 31 property tax revenues certified by the city and levied under 32 section 384.1. 33 b. By resolution, the council may submit to the registered 34 voters of the district the proposition of levying the 35 -10- LSB 1100SV (2) 90 md/jh 10/ 36
S.F. 356 additional annual tax according to the election procedures 1 under subsection 1 . 2 c. (1) After adoption of the resolution under paragraph 3 “b” , the The board of trustees shall coordinate efforts with 4 the local emergency medical services agencies to establish 5 a district advisory council to assist in researching and 6 assessing the service needs of the district and guiding 7 implementation of services in the district within a council 8 structure. 9 (2) The district advisory council established under 10 subparagraph (1) shall recommend to the board of trustees 11 an amount of funding to be specified on the ballot for the 12 election held under this subsection 2 to be requested from the 13 city to fund the district and shall annually assess and review 14 the emergency medical services needs of the district and shall 15 include the results of such review and assessment in an annual 16 report filed with the board of trustees. The annual report 17 shall be publicly available upon filing with the board of 18 trustees. The board of trustees shall receive public comment 19 regarding the report at one or more meetings of the board 20 of trustees. Any meeting of the board of trustees at which 21 public comment on the annual report is heard shall be at least 22 fourteen days following the date the annual report is filed 23 with the board of trustees. 24 d. The proposition is adopted if a majority of those 25 voting on the proposition at the election approves it. If 26 the proposition is approved at election, the trustees may 27 impose the additional annual tax beginning with the fiscal 28 year beginning July 1 following the election at which the 29 proposition was approved. The proposition is not affected by a 30 change in the boundaries of the district. 31 e. Discontinuance of the authority to impose an additional 32 tax under this chapter shall be by petition and election. 33 Upon petition of twenty-five percent of the resident eligible 34 electors, the board of trustees shall submit to the voters 35 -11- LSB 1100SV (2) 90 md/jh 11/ 36
S.F. 356 of the district the question of whether to discontinue the 1 authority to impose the additional tax according to the 2 election procedures under subsection 1 . If a majority of those 3 voting on the question of discontinuance of the trustees’ 4 authority to impose the tax favors discontinuance, the trustees 5 shall not impose the additional tax for any fiscal year 6 beginning after the election approving the discontinuance, 7 unless imposition is subsequently again authorized at election. 8 Following discontinuance of the authority to impose the 9 additional tax, authority to reimpose the additional tax 10 requires approval in accordance with this subsection . 11 Sec. 17. Section 357G.10, Code 2023, is amended to read as 12 follows: 13 357G.10 Trustees’ powers. 14 The trustees may purchase, own, rent, or maintain emergency 15 medical services apparatus or equipment within the state or 16 outside the territorial jurisdiction and boundary limits of 17 this state, provide housing for such apparatus and equipment, 18 provide emergency medical service and facilities, and may 19 request the city certify for levy an amount of taxes as 20 provided in section 357G.8 . The trustees may purchase 21 material, employ emergency medical service and other personnel, 22 and may perform all other acts necessary to properly maintain 23 and operate the district. The trustees may contract with any 24 other city or county or public or private agency under chapter 25 28E for the purpose of providing emergency medical services 26 under this chapter . The trustees are allowed necessary 27 expenses in the discharge of their duties, but they shall not 28 receive a salary. 29 Sec. 18. Section 357G.12, Code 2023, is amended to read as 30 follows: 31 357G.12 Dissolution of district. 32 Upon petition of thirty-five percent of the resident 33 eligible electors, the council may dissolve a district and 34 dispose of any remaining property, the proceeds of which shall 35 -12- LSB 1100SV (2) 90 md/jh 12/ 36
S.F. 356 first be applied against outstanding obligations and any 1 balance shall be applied to tax credit of property owners of 2 the district. The council shall continue to levy a tax after 3 dissolution of a district, of not to exceed twenty-seven cents 4 per thousand dollars of assessed value on all the taxable 5 property of the district, appropriate taxes levied under 6 section 384.1 until all outstanding obligations of the district 7 are paid. 8 Sec. 19. Section 357G.13, Code 2023, is amended to read as 9 follows: 10 357G.13 Adding property to district. 11 Any property in an unincorporated area contiguous to the 12 boundaries of an established district which is annexed by the 13 city shall be included in the district. The tax levy for the 14 next year shall be applied to the property and on the first day 15 of the next fiscal year, the property shall become a part of 16 the district. 17 Sec. 20. Section 357J.18, Code 2023, is amended to read as 18 follows: 19 357J.18 Transition —— emergency medical services district 20 taxes discontinued. 21 When the boundary lines of the emergency response district 22 include all or a portion of an emergency medical services 23 district under chapter 357F or chapter 357G and the emergency 24 response district has certified a tax to be levied on property 25 located within the emergency medical services district for 26 the purpose of emergency medical service, the emergency 27 medical services district trustees shall no longer levy the 28 taxes authorized in section 357F.8 or section 357G.8 utilize 29 tax revenue levied under section 384.1 for emergency medical 30 services district purposes in that portion of such emergency 31 medical services district that is provided services by the 32 emergency response district. Any indebtedness incurred by 33 an emergency medical services district under chapter 357F 34 or chapter 357G for a service now provided by the emergency 35 -13- LSB 1100SV (2) 90 md/jh 13/ 36
S.F. 356 response district shall be assumed by the emergency response 1 district. 2 Sec. 21. Section 384.1, Code 2023, is amended to read as 3 follows: 4 384.1 Taxes certified. 5 1. A city may certify taxes to be levied by the county 6 on all taxable property within the city limits, for all city 7 government purposes. However, the 8 2. a. Notwithstanding subsection 3, the tax levied by 9 a city on tracts of land and improvements thereon used and 10 assessed for agricultural or horticultural purposes, shall 11 not exceed three dollars and three-eighths cents per thousand 12 dollars of assessed value in any year. Improvements located 13 on such tracts of land and not used for agricultural or 14 horticultural purposes and all residential dwellings are 15 subject to the same rate of tax levied by the city on all other 16 taxable property within the city. A 17 3. a. For fiscal years beginning before July 1, 2024, a 18 city’s tax levy for the general fund shall not exceed eight 19 dollars and ten cents per thousand dollars of taxable assessed 20 value used to calculate taxes in any tax year, except for the 21 levies authorized in section 384.12 . 22 b. For the fiscal year beginning July 1, 2024, a city’s 23 tax levy for the general fund, except for levies authorized in 24 section 384.12, shall not exceed the sum of eight dollars and 25 ten cents per thousand dollars of taxable value plus the sum of 26 the following for the city, as applicable: 27 (1) The amount per thousand dollars of taxable value levied 28 by or on behalf of the city under section 384.8, Code 2023, for 29 the fiscal year beginning July 1, 2023. 30 (2) The total amount per thousand dollars of taxable value 31 levied by or on behalf of the city under section 384.12, 32 subsections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, 16, 18, 33 and 20, Code 2023, for the fiscal year beginning July 1, 2023. 34 (3) The amount per thousand dollars of taxable value levied 35 -14- LSB 1100SV (2) 90 md/jh 14/ 36
S.F. 356 by the city under section 24.48, Code 2023, for the fiscal year 1 beginning July 1, 2023. 2 c. (1) For each fiscal year beginning on or after July 3 1, 2025, subject to paragraph “d” , a city’s tax levy for the 4 general fund, except for levies authorized in section 384.12, 5 shall not exceed in any tax year the greater of eight dollars 6 and ten cents per thousand dollars of assessed value used to 7 calculate taxes for the budget year and the amount determined 8 under paragraph “b” , as adjusted under subparagraph (2), if 9 applicable. 10 (2) If the total assessed value used to calculate taxes 11 for the budget year exceeds one hundred two and one-half 12 percent of the total assessed value used to calculate taxes for 13 the current fiscal year, the levy rate per thousand dollars 14 determined under paragraph “b” , as previously adjusted under 15 this subparagraph, if applicable, shall be reduced to a rate 16 per one thousand dollars of assessed value that is equal to 17 one thousand multiplied by the quotient of the current fiscal 18 year’s actual property tax dollars certified for levy under 19 this section divided by one hundred two and one-half percent 20 of the total assessed value used to calculate taxes for the 21 current fiscal year. 22 d. In addition to the limitation under paragraph “c” , for 23 fiscal years beginning on or after July 1, 2025, if the city’s 24 actual levy rate imposed under this section for the current 25 fiscal year is eight dollars and ten cents or less per thousand 26 dollars of assessed value and the total assessed value used to 27 calculate taxes for the budget year exceeds one hundred three 28 and twenty-five hundredths percent of the total assessed value 29 used to calculate taxes for the current fiscal year, the levy 30 rate imposed under this section for the budget year shall not 31 exceed a rate per one thousand dollars of assessed value that 32 is equal to one thousand multiplied by the quotient of the 33 current fiscal year’s actual property tax dollars certified 34 for levy under this section divided by one hundred three and 35 -15- LSB 1100SV (2) 90 md/jh 15/ 36
S.F. 356 twenty-five hundredths percent of the total assessed value used 1 to calculate taxes for the current fiscal year. 2 4. For purposes of this section: 3 a. “Budget year” means the same as defined in section 4 384.15A, subsection 1. 5 b. “Current fiscal year” means the same as defined in 6 section 384.15A, subsection 1. 7 Sec. 22. Section 384.12, Code 2023, is amended to read as 8 follows: 9 384.12 Additional taxes. 10 A city may certify, for the general fund levy, taxes which 11 are not subject to the limit provided in section 384.1 , and 12 which are in addition to any other moneys the city may wish to 13 spend for such purposes, as follows: 14 1. A tax not to exceed thirteen and one-half cents 15 per thousand dollars of assessed value for the support of 16 instrumental or vocal musical groups, one or more organizations 17 which have tax-exempt status under section 501(c)(3) of 18 the Internal Revenue Code and are organized and operated 19 exclusively for artistic and cultural purposes, or any of these 20 purposes, subject to the following: 21 a. Upon receipt of a petition valid under the provisions of 22 section 362.4 , the council shall submit to the voters at the 23 next regular city election the question of whether a tax shall 24 be levied. 25 b. If a majority approves the levy, it may be imposed. 26 c. The levy can be eliminated by the same procedure of 27 petition and election. 28 d. A tax authorized by an election held prior to the 29 effective date of the city code may be continued until 30 eliminated by the council, or by petition and election. 31 2. A tax not to exceed eighty-one cents per thousand dollars 32 of assessed value for development, operation, and maintenance 33 of a memorial building or monument, subject to the provisions 34 of subsection 1 . 35 -16- LSB 1100SV (2) 90 md/jh 16/ 36
S.F. 356 3. A tax not to exceed thirteen and one-half cents per 1 thousand dollars of assessed value for support of a symphony 2 orchestra, subject to the provisions of subsection 1 . 3 4. A tax not to exceed twenty-seven cents per thousand 4 dollars of assessed value for the operation of cultural and 5 scientific facilities, subject to the provisions of subsection 6 1 , except that the question may be submitted on the council’s 7 own motion. 8 5. A tax to aid in the construction of a county bridge, 9 subject to the provisions of subsection 1 , except that the 10 question must be submitted at a special election. The expense 11 of a special election under this subsection must be paid by the 12 county. The notice of the special election must include full 13 details of the proposal, including the location of the proposed 14 bridge, the rate of tax to be levied, and all other conditions. 15 6. A tax to aid a company incorporated under the laws of 16 this state in the construction of a highway or combination 17 bridge across any navigable boundary river of this state, 18 commencing or terminating in the city and suitable for use 19 as highway, or for both highway and railway purposes. This 20 tax levy is subject to the provisions of subsections 1 and 5 . 21 The levy is limited to one dollar and thirty-five cents per 22 thousand dollars of the assessed value of taxable property in 23 the city. The estimated cost of the bridge must be at least 24 ten thousand dollars, and the city aid may not exceed one-half 25 of the estimated cost. The notice of the special election 26 must include the name of the corporation to be aided, and all 27 conditions required of the corporation. Tax moneys received 28 for this purpose may not be paid over by the county treasurer 29 until the city has filed a statement that the corporation has 30 complied with all conditions. 31 7. If a tax has been voted for aid of a bridge under 32 subsection 6 , a further tax may be voted for the purpose of 33 purchasing the bridge, subject to the provisions of subsection 34 1 . The levy under this subsection is limited to three dollars 35 -17- LSB 1100SV (2) 90 md/jh 17/ 36
S.F. 356 and thirty-seven and one-half cents per thousand dollars of the 1 assessed value of the taxable property in the city, payable in 2 not less than ten annual installments. 3 8. A tax for the purpose of carrying out the terms of a 4 contract for the use of a bridge by a city situated on a river 5 over which a bridge has been built. The tax may not exceed 6 sixty-seven and one-half cents per thousand dollars of assessed 7 value each year. 8 9. A tax for aid to a public transportation company, 9 subject to the procedure provided in subsection 1 , except the 10 question must be submitted at a special election. The levy is 11 limited to three and three-eighths cents per thousand dollars 12 of assessed value. In addition to any other conditions the 13 following requirements must be met before moneys received for 14 this purpose may be paid over by the county treasurer: 15 a. The public transportation company shall provide the city 16 with copies of state and federal income tax returns for the 17 five years preceding the year for which payment is contemplated 18 or for such lesser period of time as the company has been in 19 operation. 20 b. The city shall, in any given year, be authorized to pay 21 over only such sums as will yield not to exceed two percent 22 of the public transportation company’s investment as the same 23 is valued in its tax depreciation schedule, provided that 24 corporate profits and losses for the five preceding years or 25 for such lesser period of time as the company has been in 26 operation shall not average in excess of a two percent net 27 return. Taxes levied under this subsection may not be used to 28 subsidize losses incurred prior to the election required by 29 this subsection . 30 10. 1. A tax for the operation and maintenance of a 31 municipal transit system or for operation and maintenance of a 32 regional transit district, and for the creation of a reserve 33 fund for the system or district, in an amount not to exceed 34 ninety-five cents per thousand dollars of assessed value each 35 -18- LSB 1100SV (2) 90 md/jh 18/ 36
S.F. 356 year, when the revenues from the transit system or district are 1 insufficient for such purposes. 2 11. If a city has entered into a lease of a building or 3 complex of buildings to be operated as a civic center, a tax 4 sufficient to pay the installments of rent and for maintenance, 5 insurance and taxes not included in the lease rental payments. 6 12. A tax not to exceed thirteen and one-half cents per 7 thousand dollars of assessed value each year for operating and 8 maintaining a civic center owned by a city. 9 13. A tax not to exceed six and three-fourths cents per 10 thousand dollars of assessed value for planning a sanitary 11 disposal project. 12 14. 2. A tax not to exceed twenty-seven cents per thousand 13 dollars of assessed value each year for an aviation authority 14 as provided in section 330A.15 . 15 15. A tax not to exceed six and three-fourths cents per 16 thousand dollars of assessed value each year for a levee 17 improvement fund in special charter cities as provided in 18 section 420.155 . 19 16. A tax not to exceed twenty and one-half cents per 20 thousand dollars of assessed value each year to maintain an 21 institution received by gift or devise, subject to an election 22 as required under subsection 1 . 23 17. 3. A tax to pay the premium costs on tort liability 24 insurance, property insurance, and any other insurance that 25 may be necessary in the operation of the city, the costs of a 26 self-insurance program, the costs of a local government risk 27 pool and amounts payable under any insurance agreements to 28 provide or procure such insurance, self-insurance program, or 29 local government risk pool. 30 18. A tax to fund an emergency medical services district 31 under chapter 357G . 32 19. 4. A tax that exceeds any tax levy limit within this 33 chapter , provided the question has been submitted at a special 34 levy election and received a simple majority of the votes cast 35 -19- LSB 1100SV (2) 90 md/jh 19/ 36
S.F. 356 on the proposition to authorize the enumerated levy limit to be 1 exceeded for the proposed budget year. 2 a. The election may be held as specified in this subsection 3 if notice is given by the city council, not later than 4 forty-six days before the first Tuesday in March, to the county 5 commissioner of elections that the election is to be held. 6 b. An election under this subsection shall be held on 7 the first Tuesday in March and be conducted by the county 8 commissioner of elections in accordance with the law. 9 c. The ballot question shall be in substantially the 10 following form: 11 WHICH TAX LEVY SHALL BE ADOPTED FOR THE CITY OF ........ ? 12 (Vote for only one of the following choices.) 13 CHANGE LEVY AMOUNT ... 14 Add to the existing levy amount a tax for the purpose of 15 .......... (state purpose of proposed levy) at a rate of ... 16 (rate) which will provide an additional $ .... (amount). 17 KEEP CURRENT LEVY ... 18 Continue under the current maximum rate of ... , providing 19 $ .... (amount). 20 d. The commissioner of elections conducting the election 21 shall notify the city officials and other county auditors where 22 applicable, of the results within two days of the canvass which 23 shall be held on the second day that is not a holiday following 24 the special levy election, and beginning no earlier than 1:00 25 p.m. on that day. 26 e. Notice of the election shall be published twice in 27 accordance with the provisions of section 362.3 , except that 28 the first such notice shall be given at least two weeks before 29 the election. 30 f. The cost of the election shall be borne by the city. 31 g. The election provisions of this subsection shall 32 supersede other provisions for elections only to the extent 33 necessary to comply with the provisions of this subsection . 34 h. The provisions of this subsection apply to all cities, 35 -20- LSB 1100SV (2) 90 md/jh 20/ 36
S.F. 356 however organized, including special charter cities which may 1 adopt ordinances where necessary to carry out these provisions. 2 i. The council shall certify the city’s budget with the tax 3 askings not exceeding the amount approved by the special levy 4 election. 5 20. A tax not to exceed twenty-seven cents per thousand 6 dollars of assessed value for support of a public library, 7 subject to petition and referendum requirements of subsection 8 1 , except that if a majority approves the levy, it shall be 9 imposed. 10 21. 5. A tax for the support of a local emergency 11 management commission established pursuant to chapter 29C . 12 Sec. 23. Section 384.15A, subsection 2, Code 2023, is 13 amended to read as follows: 14 2. For budget years beginning on or after July 1, 2020, 15 prior to the period of time for distribution of the budget 16 under section 384.16, subsection 2 , the council shall adopt a 17 resolution establishing the total maximum property tax dollars 18 that may be certified for levy that includes taxes for city 19 government purposes under section 384.1 , for the city’s trust 20 and agency fund under section 384.6, subsection 1 , for the 21 city’s emergency fund for fiscal years beginning before July 22 1, 2024, under section 384.8 , and Code 2023, for fiscal years 23 beginning before July 1, 2024, the levies authorized under 24 section 384.12, subsections 8, 10, 11, 12, 13, 17, and 21 , Code 25 2023, and for fiscal years beginning on or after July 1, 2024, 26 the levies authorized under section 384.12, subsections 1, 27 3, and 5, but excluding additions approved at election under 28 section 384.12, subsection 19 4 . 29 Sec. 24. Section 384.15A, subsection 5, paragraph b, Code 30 2023, is amended to read as follows: 31 b. (1) If the sum of the maximum property tax dollars for 32 the budget year specified in the resolution under the levies 33 specified in subsection 2 exceeds one hundred two percent of 34 the sum of the current fiscal year’s actual property taxes 35 -21- LSB 1100SV (2) 90 md/jh 21/ 36
S.F. 356 certified for levy under the levies specified in subsection 1 2 , the council shall be required to adopt the resolution by a 2 two-thirds majority of the membership of the council. 3 (2) For the budget year beginning July 1, 2024, the amount 4 of the current fiscal year’s actual property taxes certified 5 for levy shall include amounts certified for levy under section 6 384.12, subsections 8, 10, 11, 12, 13, and 17, Code 2023, under 7 section 24.48, Code 2023, and under section 384.8, Code 2023. 8 Sec. 25. Section 384.22, subsection 1, Code 2023, is amended 9 to read as follows: 10 1. Not later than December 1 of each year, a city shall 11 publish an annual financial report as provided in section 12 362.3 containing a summary for the preceding fiscal year of 13 all collections and receipts, all accounts due the city, and 14 all expenditures, the current public debt of the city, and the 15 legal debt limit of the city for the current fiscal year. The 16 annual financial report shall be prepared on forms and pursuant 17 to instructions prescribed by the auditor of state. Beginning 18 with the annual financial report published by December 1, 2024, 19 each report shall include a list of bonds, notes, or other 20 obligations issued by the city during the preceding fiscal 21 year payable from any source, including the amount of the 22 issuance, the project or purpose of the issuance, whether the 23 issuance was approved at election or eligible to be subject to 24 a petition for an election, and identification of issuances 25 from the fiscal year or prior fiscal years related to the same 26 project or purpose. 27 Sec. 26. Section 384.24, subsection 4, paragraph i, Code 28 2023, is amended by striking the paragraph. 29 Sec. 27. Section 384.24A, subsection 4, paragraph a, 30 subparagraphs (1), (2), and (3), Code 2023, are amended to read 31 as follows: 32 (1) Four Two hundred eighty thousand dollars in a city 33 having a population of five thousand or less. 34 (2) Seven Four hundred ninety thousand dollars in a city 35 -22- LSB 1100SV (2) 90 md/jh 22/ 36
S.F. 356 having a population of more than five thousand but not more 1 than seventy-five thousand. 2 (3) One million Seven hundred thousand dollars in a city 3 having a population of more than seventy-five thousand. 4 Sec. 28. Section 384.26, subsection 5, paragraph a, 5 subparagraphs (1), (2), and (3), Code 2023, are amended to read 6 as follows: 7 (1) In cities having a population of five thousand or less, 8 in an amount of not more than four two hundred eighty thousand 9 dollars. 10 (2) In cities having a population of more than five thousand 11 and not more than seventy-five thousand, in an amount of not 12 more than seven four hundred ninety thousand dollars. 13 (3) In cities having a population in excess of seventy-five 14 thousand, in an amount of not more than one million seven 15 hundred thousand dollars. 16 Sec. 29. Section 384.110, Code 2023, is amended to read as 17 follows: 18 384.110 Insurance, self-insurance, and risk pooling funds. 19 A city may credit funds to a fund or funds for the purposes 20 authorized by section 364.4, subsection 5 ; section 384.12, 21 subsection 17 3 ; or section 384.24, subsection 3 , paragraph “s” . 22 Moneys credited to the fund or funds, and interest earned on 23 such moneys, shall remain in the fund or funds until expended 24 for purposes authorized by section 364.4, subsection 5 ; section 25 384.12, subsection 17 3 ; or section 384.24, subsection 3 , 26 paragraph “s” . 27 Sec. 30. REPEAL. Section 384.8, Code 2023, is repealed. 28 Sec. 31. EFFECTIVE DATE. This division of this Act takes 29 effect July 1, 2024. 30 Sec. 32. APPLICABILITY. This division of this Act applies 31 to taxes and budgets for fiscal years beginning on or after 32 July 1, 2024. 33 DIVISION III 34 PUBLIC EDUCATION AND RECREATION TAX LEVY 35 -23- LSB 1100SV (2) 90 md/jh 23/ 36
S.F. 356 Sec. 33. Section 276.1, Code 2023, is amended to read as 1 follows: 2 276.1 Title. 3 This section , sections 276.2 through 276.5 , and sections 4 276.8 through 276.11 276.10 of this chapter shall be known and 5 may be cited as the “Iowa Community Education Act” . 6 Sec. 34. Section 276.3, unnumbered paragraph 1, Code 2023, 7 is amended to read as follows: 8 As used in sections 276.1 , 276.2 , this section , sections 9 276.4 , 276.5 , and sections 276.8 through 276.11 276.10 , unless 10 the context otherwise requires: 11 Sec. 35. Section 276.10, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. The board of directors of a local school district 14 may establish a community education program for schools in 15 the district and provide for the general supervision of the 16 program. Financial support for the program shall may be 17 provided from funds raised pursuant to chapter 300 received by 18 the school district under chapter 423F and from any private 19 funds and any federal funds made available for the purpose of 20 implementing this chapter . The program which recognizes that 21 the schools belong to the people and which shall be centered 22 in the schools may include but shall not be limited to the use 23 of the school facilities day and night, year round including 24 weekends and regular school vacation periods for educational, 25 recreational, cultural, and other community services and 26 programs for all age, ethnic, and socioeconomic groups residing 27 in the community. 28 Sec. 36. Section 278.1, subsection 1, paragraph e, Code 29 2023, is amended to read as follows: 30 e. Direct the transfer of any surplus in the debt service 31 fund, physical plant and equipment levy fund , or other capital 32 project funds , or public education and recreation levy fund to 33 the general fund. 34 Sec. 37. Section 298A.6, Code 2023, is amended to read as 35 -24- LSB 1100SV (2) 90 md/jh 24/ 36
S.F. 356 follows: 1 298A.6 Public education and recreation levy fund. 2 The public education and recreation levy fund is a special 3 revenue fund. A public education and recreation levy fund 4 must be established in any school corporation which levies 5 levied the tax authorized under section 300.2 , Code 2023, or 6 which receives received revenue from a chapter 28E agreement 7 authorized under section 300.1 , Code 2023 . Moneys available in 8 the fund at the conclusion of the fiscal year beginning July 1, 9 2026, and ending June 30, 2027, shall be expended by the school 10 corporation for the purposes authorized under chapter 300, Code 11 2023. 12 Sec. 38. Section 300.2, Code 2023, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4. a. A levy under this chapter shall not 15 be approved by the voters on or after the effective date of 16 this section of this division of this Act. 17 b. If the levy has not been discontinued under section 18 300.3, the authorization to impose the levy under this chapter 19 shall terminate July 1, 2027. 20 c. Notwithstanding subsection 2, including a proposition 21 approved at an election held before the effective date of 22 this section of this division of this Act, the rate of a levy 23 imposed by a board of directors under this chapter for the 24 fiscal year beginning July 1, 2026, shall not exceed one-half 25 of the levy rate imposed by the board of directors for the 26 fiscal year beginning July 1, 2025. 27 Sec. 39. Section 423F.3, subsection 1, paragraph c, Code 28 2023, is amended by striking the paragraph. 29 Sec. 40. Section 423F.5, subsection 1, Code 2023, is amended 30 to read as follows: 31 1. A school district shall include as part of its financial 32 audit for the budget year beginning July 1, 2007, and for 33 each subsequent budget year the amount received during the 34 year pursuant to chapter 423E or this chapter , as applicable. 35 -25- LSB 1100SV (2) 90 md/jh 25/ 36
S.F. 356 In addition, the financial audit shall include the amount 1 of bond levies , and physical plant and equipment levy , and 2 public educational and recreational levy reduced as a result 3 of the moneys received under chapter 423E or this chapter , 4 as applicable. The amount of the reductions shall be stated 5 in terms of dollars and cents per one thousand dollars of 6 valuation and in total amount of property tax dollars. Also 7 included shall be an accounting of the amount of moneys 8 received which were spent for infrastructure purposes pursuant 9 to chapter 423E or this chapter , as applicable. 10 Sec. 41. REPEAL. Sections 276.11 and 276.12, Code 2023, 11 are repealed. 12 Sec. 42. REPEAL. Chapter 300, Code 2023, is repealed. 13 Sec. 43. EFFECTIVE DATE. Except as otherwise provided in 14 this division of this Act, this division of this Act takes 15 effect July 1, 2027. 16 Sec. 44. EFFECTIVE DATE. The following, being deemed of 17 immediate importance, takes effect upon enactment: 18 The section of this division of this Act enacting section 19 300.2, subsection 4. 20 Sec. 45. APPLICABILITY. Except for the section of this 21 division of this Act enacting section 300.2, subsection 4, this 22 division of this Act applies to fiscal years beginning on or 23 after July 1, 2027. 24 DIVISION IV 25 BRUCELLOSIS AND TUBERCULOSIS ERADICATION FUND —— LEVY 26 Sec. 46. Section 165.18, subsections 2 and 3, Code 2023, are 27 amended by striking the subsections. 28 Sec. 47. Section 331.512, subsection 1, paragraph e, Code 29 2023, is amended by striking the paragraph. 30 Sec. 48. Section 331.559, subsection 2, Code 2023, is 31 amended by striking the subsection. 32 Sec. 49. EFFECTIVE DATE. This division of this Act takes 33 effect July 1, 2024. 34 Sec. 50. APPLICABILITY. This division of this Act applies 35 -26- LSB 1100SV (2) 90 md/jh 26/ 36
S.F. 356 to property taxes due and payable in fiscal years beginning on 1 or after July 1, 2024. 2 DIVISION V 3 COUNTY SEATS 4 Sec. 51. Section 331.301, Code 2023, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 9A. Pursuant to the general grant of home 7 rule power conferred by the Constitution of the State of Iowa 8 and if not inconsistent with the laws of the general assembly, 9 a county that has designated more than one city to be a county 10 seat may consolidate or reduce the number of county seats by 11 ordinance. 12 Sec. 52. REPEAL. 1848 Iowa Acts, First Extraordinary 13 Session, chapter 52, is repealed. 14 Sec. 53. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to local government property taxes, 20 financial authority, and budgets. 21 DIVISION I —— COUNTY PROPERTY TAXES AND BUDGETS. Code 22 section 331.301(10) governs a county’s authority to enter into 23 leases and lease-purchase contracts and, in part, subjects 24 leases and lease-purchase agreements for real property to 25 procedures for approval at an election following a petition 26 if the principal amount of the contract exceeds specified 27 thresholds categorized by county population. The bill reduces 28 the thresholds for each category by 30 percent. The bill 29 similarly reduces a threshold relating to when a lease or 30 lease-purchase contract is not subject to approval procedures 31 similar to essential county purposes bonds. 32 Code section 331.402(3) governs a county’s authority 33 to enter into loan agreements and, in part, subjects loan 34 agreements for real property to procedures for approval at an 35 -27- LSB 1100SV (2) 90 md/jh 27/ 36
S.F. 356 election following a petition if the principal amount of the 1 contract exceeds specified thresholds categorized by county 2 population. The bill reduces the thresholds for each category 3 by 30 percent. 4 Code section 331.403 requires each county to prepare and 5 file an annual financial report. The bill requires that 6 beginning with the annual financial report filed by December 1, 7 2024, each such report shall include a list of bonds, notes, 8 or other obligations issued by the county during the preceding 9 fiscal year payable from any source, including the amount of 10 the issuance, the project or purpose of the issuance, whether 11 the issuance was approved at election or eligible to be subject 12 to a petition for an election, and identification of issuances 13 from the fiscal year or prior fiscal years related to the same 14 project or purpose. 15 Code section 331.423 establishes a levy rate limitation 16 for the general county services levy of $3.50 per $1,000 17 of assessed value of taxable property in the county and a 18 limitation for the rural county services levy of $3.95 per 19 $1,000 of assessed value of taxable property in the county. 20 The bill modifies the general county services levy rate 21 limitation for the fiscal year beginning July 1, 2024, to be a 22 levy rate not to exceed the sum of $3.50 plus the levy rate of 23 the county under Code section 331.424, subsection 1, paragraph 24 “a”, subparagraph (6) (maintenance and operation of courts), 25 Code 2023, for the fiscal year beginning July 1, 2023, plus 26 the levy rate for general county services under Code section 27 331.426, Code 2023, for the fiscal year beginning July 1, 2023. 28 The bill then provides that for each fiscal year beginning on 29 or after July 1, 2025, the general county services levy rate 30 limitation is the greater of $3.50 per $1,000 of taxable value 31 and the limitation determined for the preceding fiscal year, 32 as adjusted under the bill. If the total assessed value used 33 to calculate taxes for general county services for the budget 34 year exceeds 102.5 percent of the total assessed value used 35 -28- LSB 1100SV (2) 90 md/jh 28/ 36
S.F. 356 to calculate taxes for the current fiscal year, the levy rate 1 amount per $1,000 for the preceding fiscal year, if applicable, 2 shall be reduced to a rate that is equal to 1,000 multiplied 3 by the quotient of the current fiscal year’s actual property 4 tax dollars certified for levy divided by 102.5 percent of the 5 total assessed value used to calculate taxes for the current 6 fiscal year. 7 In addition to that levy limitation, for fiscal years 8 beginning on or after July 1, 2025, if the county’s actual levy 9 rate for general county services for the current fiscal year 10 is $3.50 or less per $1,000 of assessed value and the total 11 assessed value used to calculate taxes for the budget year 12 exceeds 103.25 percent of the total assessed value used to 13 calculate taxes for the current fiscal year, the levy rate for 14 general county services for the budget year shall not exceed 15 the rate per $1,000 of assessed value that is equal to 1,000 16 multiplied by the quotient of the current fiscal year’s actual 17 property tax dollars certified for levy for general county 18 services divided by 103.25 percent of the total assessed value 19 used to calculate taxes for the current fiscal year. 20 The bill similarly modifies the maximum levy rate for rural 21 county services for the fiscal year beginning July 1, 2024, to 22 be a levy rate equal to the sum of $3.95 plus the rate levied 23 for rural county services under section 331.426, Code 2023, for 24 the fiscal year beginning July 1, 2023. For each fiscal year 25 beginning on or after July 1, 2025, the maximum levy rate is 26 the greater of $3.95 and the levy rate for the preceding fiscal 27 year as adjusted under the bill. The bill provides that if the 28 total assessed value used to calculate taxes for rural county 29 services for the budget year exceeds 102.5 percent of the total 30 assessed value used to calculate taxes for the current fiscal 31 year, the levy rate, as previously adjusted under the bill, 32 if applicable, shall be reduced to a rate that is equal to 33 1,000 multiplied by the quotient of the current fiscal year’s 34 actual property tax dollars certified for levy for rural county 35 -29- LSB 1100SV (2) 90 md/jh 29/ 36
S.F. 356 services divided by 102.5 percent of the total assessed value 1 used to calculate taxes for the current fiscal year. 2 In addition to that levy limitation, for fiscal years 3 beginning on or after July 1, 2025, if the county’s actual 4 levy rate for rural county services for the current fiscal 5 year is $3.95 or less per $1,000 of assessed value and the 6 total assessed value used to calculate taxes for the budget 7 year exceeds 103.25 percent of the total assessed value used 8 to calculate taxes for the current fiscal year, the levy 9 rate for rural county services for the budget year shall not 10 exceed the rate per $1,000 of assessed value that is equal to 11 1,000 multiplied by the quotient of the current fiscal year’s 12 actual property tax dollars certified for levy for rural county 13 services divided by 103.25 percent of the total assessed value 14 used to calculate taxes for the current fiscal year. 15 The bill strikes the authority of a county to impose a 16 supplemental levy under Code section 331.424 for maintenance 17 and operation of the courts and, if the county imposed such a 18 levy in the fiscal year beginning July 1, 2023, increases the 19 county’s general services levy rate authority by such levy rate 20 amount as previously described. 21 Code section 331.426 authorizes a county experiencing 22 unusual circumstances, including increases in population, 23 natural disaster or emergency, problems relating to major 24 new functions required by state law, staffing problems, need 25 for additional moneys to continue certain programs, need for 26 new county programs that provide a substantial benefit to 27 residents, and reduced or unusually low growth rate in the 28 county, to levy additional property taxes for general county 29 services or rural county services. If the county imposed such 30 levies in the fiscal year beginning July 1, 2023, the bill 31 increases the county’s applicable general services levy rate 32 authority by such levy rate amounts as previously described. 33 The bill strikes authority to levy such additional taxes for 34 all unusual circumstances except a natural disaster. 35 -30- LSB 1100SV (2) 90 md/jh 30/ 36
S.F. 356 The bill modifies the provisions of Code section 331.433A 1 relating to the approval procedures for a county budget to 2 account for the modification of levy amount and rate changes 3 in the bill. 4 Code section 331.441(2)(b) defines “essential county 5 purpose” to include public buildings, including the site 6 or grounds of, and the erection, equipment, remodeling, 7 or reconstruction of, and additions or extensions to the 8 buildings, and including the provision and maintenance of 9 juvenile detention or shelter care facilities, when the 10 cost does not exceed specified thresholds based on county 11 population. The bill reduces each of the threshold amounts by 12 30 percent. The bill also strikes “[a]ny other purpose which 13 is necessary for the operation of the county or the health and 14 welfare of its citizens” from the definition of “general county 15 purpose” under Code section 331.441(2)(c). 16 Code section 331.442 governs county procedures for the 17 issuance of general county purpose bonds. In lieu of calling 18 an election, the board of supervisors may institute proceedings 19 for the issuance of bonds for a general county purpose by 20 publishing a notice of the proposal to issue the bonds, 21 including a statement of the amount and purpose of the bonds, 22 and the right to petition for an election if the amount of the 23 bonds is less than specified threshold amounts based on county 24 population. The bill reduces each of the threshold amounts by 25 30 percent. 26 Division I of the bill takes effect July 1, 2024, and applies 27 to county taxes and budgets for fiscal years beginning on or 28 after July 1, 2024. 29 DIVISION II —— CITY PROPERTY TAXES. Code section 384.1 30 establishes the city general fund levy and limits the levy rate 31 on property that is not used and assessed for agricultural or 32 horticultural purposes at $8.10 per $1,000 of taxable value. 33 This bill modifies the levy rate limit for the fiscal year 34 beginning July 1, 2024, to not exceed the sum of $8.10 plus the 35 -31- LSB 1100SV (2) 90 md/jh 31/ 36
S.F. 356 following for the applicable city: (1) the levy rate under 1 Code section 384.8, Code 2023, for the fiscal year beginning 2 July 1, 2023; (2) the total levy rate levied by or on behalf of 3 the city under Code section 384.12, subsections 1, 2, 3, 4, 5, 4 6, 7, 8, 9, 11, 12, 13, 15, 16, 18, and 20, Code 2023, for the 5 fiscal year beginning July 1, 2023; and (3) the levy rate of 6 the city under Code section 24.48, Code 2023, for the fiscal 7 year beginning July 1, 2023. 8 For each fiscal year beginning on or after July 1, 2025, a 9 city’s tax levy rate for the general fund, except for levies 10 authorized in Code section 384.12, shall not exceed in any tax 11 year the greater of $8.10 per $1,000 and the amount determined 12 under the bill for the prior year, as adjusted under the bill. 13 The bill provides that if the total assessed value used to 14 calculate taxes for the budget year exceeds 102.5 percent 15 of the total assessed value used to calculate taxes for the 16 current fiscal year, the levy rate, as previously adjusted 17 under the bill, if applicable, shall be reduced to a rate that 18 is equal to 1,000 multiplied by the quotient of the current 19 fiscal year’s actual property tax dollars certified for levy 20 under Code section 384.1 divided by 102.5 percent of the total 21 assessed value used to calculate taxes for the current fiscal 22 year. 23 In addition to that levy limitation, for fiscal years 24 beginning on or after July 1, 2025, if the city’s actual levy 25 rate for the general fund for the current fiscal year is $8.10 26 or less per $1,000 of assessed value and the total assessed 27 value used to calculate taxes for the budget year exceeds 28 103.25 percent of the total assessed value used to calculate 29 taxes for the current fiscal year, the levy rate for the 30 general fund for the budget year shall not exceed the rate per 31 $1,000 of assessed value that is equal to 1,000 multiplied by 32 the quotient of the current fiscal year’s actual property tax 33 dollars certified for levy under Code section 384.1 divided by 34 103.25 percent of the total assessed value used to calculate 35 -32- LSB 1100SV (2) 90 md/jh 32/ 36
S.F. 356 taxes for the current fiscal year. 1 Code section 384.12 authorizes a city to levy various 2 other additional taxes that under current law are not subject 3 to the $8.10 levy limit. The bill strikes several of the 4 purposes for which a city may levy an additional tax and if 5 the county imposed such levies in the fiscal year beginning 6 July 1, 2023, increases the county’s general services levy rate 7 authority under Code section 384.1 by such levy rate amounts 8 as previously described. 9 Code section 24.48, in part, authorizes a city with a reduced 10 property tax base or unusually low growth rate or experiencing 11 unusual circumstances, including increases in population, 12 natural disaster or emergency, problems relating to major new 13 functions required by state law, staffing problems, need for 14 additional moneys to continue certain programs, and need for 15 new programs that provide a substantial benefit to residents, 16 to appeal to the state appeal board to suspend levy limitations 17 and levy additional property taxes. The bill provides that for 18 budgets for fiscal years beginning on or after July 1, 2024, 19 suspension of the statutory property tax levy limitations for a 20 city shall only be approved for a natural disaster. 21 The bill repeals Code section 384.8, which authorizes a 22 $0.27 city emergency fund levy and makes corresponding changes 23 to other provisions of law relating to the change in funding 24 for emergency medical services districts under Code chapter 25 357G and the modification of city supplemental property tax 26 levies and the city’s general fund levy under Code section 27 384.1. 28 Code section 384.22 requires each city to prepare and 29 publish an annual financial report. The bill requires that 30 beginning with the annual financial report published by 31 December 1, 2024, each such report shall include a list of 32 bonds, notes, or other obligations issued by the city during 33 the preceding fiscal year payable from any source, including 34 the amount of the issuance, the project or purpose of the 35 -33- LSB 1100SV (2) 90 md/jh 33/ 36
S.F. 356 issuance, whether the issuance was approved at election or 1 eligible to be subject to a petition for an election, and 2 identification of issuances from the fiscal year or prior 3 fiscal years related to the same project or purpose. 4 The bill strikes “[a]ny other purpose which is necessary 5 for the operation of the city or the health and welfare of its 6 citizens” from the definition of “general corporate purpose” 7 under Code section 384.24(4). 8 Code section 384.24A(4) governs a city’s authority to enter 9 into loan agreements and, in part, subjects loan agreements 10 for real property to procedures for approval at an election 11 following a petition if the principal amount of the contract 12 exceeds specified thresholds categorized by city population. 13 The bill reduces the contract amount thresholds for each 14 category by 30 percent. 15 Code section 384.26 governs city procedures for the issuance 16 of city general corporate purpose bonds. In lieu of calling an 17 election, the city council may institute proceedings for the 18 issuance of bonds for a general corporate purpose by publishing 19 a notice of the proposal to issue the bonds, including a 20 statement of the amount and purpose of the bonds, and the right 21 to petition for an election if the amount of the bonds is less 22 than specified threshold amounts based on city population. The 23 bill reduces each of the threshold amounts by 30 percent. 24 Division II takes effect July 1, 2024, and applies to taxes 25 and budgets for fiscal years beginning on or after July 1, 26 2024. 27 DIVISION III —— PUBLIC EDUCATION AND RECREATIONAL TAX LEVY. 28 Code chapter 300 authorizes the imposition of a voter-approved 29 property tax levy for the establishment and maintenance 30 of public recreation places and playgrounds, and necessary 31 accommodations for the recreation places and playgrounds, in 32 the public school buildings and grounds of the district. Code 33 chapter 300 also authorizes each school board to cooperate 34 with public or private agencies having custody and management 35 -34- LSB 1100SV (2) 90 md/jh 34/ 36
S.F. 356 of public parks or buildings or grounds open to the public 1 for the supervision and instruction necessary to carry on 2 public educational and recreational activities in the parks, 3 buildings, and grounds located within the district. Such 4 activities may be supported by imposition of a voter-approved 5 property tax levy not to exceed 13.5 cents per $1,000 of 6 assessed value. The property tax levy under Code chapter 300 7 also provides financial support to community education programs 8 established under Code chapter 276, which provide educational, 9 recreational, cultural, and other community services and 10 programs. 11 The bill repeals Code chapter 300 and makes corresponding 12 amendments to other provisions of law effective July 1, 2027, 13 and applies to fiscal years beginning on or after July 1, 14 2027. The bill provides that financial support for a community 15 education program under Code chapter 276 may be provided from 16 funds received by the school district under Code chapter 423F. 17 By operation of the definition of “school infrastructure” under 18 Code section 423F.3(6)(a)(1), moneys received by a school 19 district from the secure an advanced vision for education fund 20 may continue to be utilized for activities previously provided 21 for under Code chapter 300 and Code chapter 276. 22 The bill prohibits a levy under Code chapter 300 from being 23 approved at election on or after the effective date of the 24 provision in the bill, which is effective upon enactment, and 25 limits the rate at which previously approved levies can be 26 imposed for the fiscal year beginning July 1, 2026. 27 The bill also provides that moneys available in the public 28 education and recreation levy fund at the conclusion of the 29 fiscal year beginning July 1, 2026, and ending June 30, 2026, 30 shall be expended by the school corporation for the purposes 31 authorized under Code chapter 300, Code 2023. 32 DIVISION IV —— BRUCELLOSIS AND TUBERCULOSIS ERADICATION 33 FUND —— LEVY. Code section 165.18 authorizes the secretary of 34 agriculture to direct the board of supervisors of each county 35 -35- LSB 1100SV (2) 90 md/jh 35/ 36
S.F. 356 to levy an amount sufficient to pay the expenses estimated to 1 be incurred from the brucellosis and tuberculosis eradication 2 fund for the following fiscal year, subject to a maximum levy 3 of 33.75 cents per $1,000. The bill strikes the authority to 4 levy such a tax beginning with property taxes due and payable 5 in fiscal years beginning July 1, 2024. 6 DIVISION V —— COUNTY SEATS. The bill specifies that pursuant 7 to the general grant of home rule power conferred by the 8 Constitution of the State of Iowa and if not inconsistent with 9 the laws of the general assembly, a county that has designated 10 more than one city to be a county seat may consolidate or 11 reduce the number of county seats by ordinance. The bill also 12 repeals 1848 Iowa Acts, First Extraordinary Session, chapter 13 52, which in part required Lee County to maintain a district 14 court at Fort Madison and the city of Keokuk, required the 15 clerk of district court to keep an office at Fort Madison and 16 the city of Keokuk, and required the sheriff of Lee County to 17 keep an office at Fort Madison and the city of Keokuk. 18 Division V of the bill takes effect upon enactment. 19 -36- LSB 1100SV (2) 90 md/jh 36/ 36