Senate File 604 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO SSB 1356)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to assessment of property for property tax
  2    purposes by establishing the minimum percentage of actual
  3    value at which residential property and certain commercial
  4    residential property are assessed for purposes of property
  5    taxation, providing an annual appropriation for a specified
  6    number of years to replace commercial property tax revenues
  7    lost to counties and cities, and by allowing multiple
  8    assessments of a parcel of commercial residential property in
  9    certain circumstances, and by establishing a legislative
 10    property tax study committee.
 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 12 SF 604
 13 sc/cc/26

PAG LIN



  1  1                           DIVISION I
  1  2         PROPERTY ASSESSMENT AND STATE REPLACEMENT FUND
  1  3    Section 1.  NEW SECTION.  426C.1  COMMERCIAL PROPERTY TAX
  1  4 REPLACEMENT FUND CREATED.
  1  5    A commercial property tax replacement fund is created under
  1  6 the control of the department of revenue.  For the fiscal
  1  7 period beginning July 1, 2009, and ending June 30, 2016, there
  1  8 is appropriated annually from the general fund of the state to
  1  9 the department of revenue to be credited to the commercial
  1 10 property tax replacement fund the sum of eighteen million
  1 11 dollars.  Any balance in the fund on June 30 shall revert to
  1 12 the general fund of the state.
  1 13    Sec. 2.  NEW SECTION.  426C.2  REPLACEMENT.
  1 14    For the fiscal year beginning July 1, 2009, through the
  1 15 fiscal year ending June 30, 2016, each county treasurer shall
  1 16 be paid from the commercial property tax replacement fund an
  1 17 amount equal to the amount of the commercial property tax
  1 18 replacement claim calculated in section 426C.3.
  1 19    If the amount appropriated to the commercial property tax
  1 20 replacement fund for a fiscal year is insufficient to pay all
  1 21 claims, the director shall prorate the disbursements to the
  1 22 county treasurers and shall notify the county auditors of the
  1 23 pro rata percentage on or before September 30.
  1 24    Sec. 3.  NEW SECTION.  426C.3  COMPUTATION OF REPLACEMENT
  1 25 CLAIM.
  1 26    1.  On or before July 1 of each year of the fiscal period
  1 27 specified in section 426C.1, the county auditor shall prepare
  1 28 a statement listing for the county and each city in the
  1 29 county:
  1 30    a.  The difference between the assessed value of the
  1 31 property defined in section 441.21, subsection 13, paragraph
  1 32 "b", as assessed on January 1, 2007, and the assessed value of
  1 33 such property as assessed pursuant to section 441.21,
  1 34 subsection 13, paragraph "a", for the assessment year
  1 35 beginning January 1, 2008, January 1, 2009, January 1, 2010,
  2  1 January 1, 2011, January 1, 2012, January 1, 2013, or January
  2  2 1, 2014, as applicable.
  2  3    b.  The tax levy rate for the county and each city
  2  4 certified for the fiscal year previous to the fiscal year in
  2  5 which the claim will be paid.
  2  6    c.  The commercial property tax replacement claim for the
  2  7 county and each city, which is equal to the amount determined
  2  8 pursuant to paragraph "a" multiplied by the applicable tax
  2  9 levy rate specified in paragraph "b".
  2 10    2.  The county auditor shall certify and forward one copy
  2 11 of the statement to the department of revenue not later than
  2 12 July 1 of each year of the fiscal period specified in section
  2 13 426C.1.
  2 14    Sec. 4.  NEW SECTION.  426C.4  REIMBURSEMENT.
  2 15    Each county treasurer shall be reimbursed an amount equal
  2 16 to the commercial property tax replacement claim for that
  2 17 county determined pursuant to section 426C.3, subsection 1,
  2 18 paragraph "c".  The reimbursement shall be made in two equal
  2 19 installments on or before September 30 and March 31 of each
  2 20 year.  The county treasurer shall apportion the disbursement
  2 21 to the county and to each city in the county, as applicable,
  2 22 in the manner provided in section 445.57.
  2 23    Sec. 5.  Section 441.21, subsection 4, Code 2007, is
  2 24 amended by adding the following new unnumbered paragraph:
  2 25    NEW UNNUMBERED PARAGRAPH.  For valuations established as of
  2 26 January 1, 2008, and each year thereafter, the percentage of
  2 27 actual value, as equalized by the director of revenue as
  2 28 provided in section 441.49, at which residential property
  2 29 shall be assessed shall not be less than the percentage of
  2 30 actual value determined for residential property for the
  2 31 assessment year beginning January 1, 2006.  If the percentage
  2 32 of actual value of residential property as calculated in
  2 33 accordance with this subsection is less than the percentage of
  2 34 actual value determined for residential property for the
  2 35 assessment year beginning January 1, 2006, the director of
  3  1 revenue shall increase the percentage to the percentage of
  3  2 actual value determined for residential property for the
  3  3 assessment year beginning January 1, 2006.  For purposes of
  3  4 determining valuations in the assessment year beginning
  3  5 January 1, 2009, and for each subsequent assessment year, the
  3  6 percentage for the prior year as determined under this
  3  7 subsection before adjustment under this paragraph, if
  3  8 necessary, shall be the percentage used in making the
  3  9 calculation of the dividend for that assessment year.
  3 10    Sec. 6.  Section 441.21, Code 2007, is amended by adding
  3 11 the following new subsection:
  3 12    NEW SUBSECTION.  13.  a.  Beginning with valuations
  3 13 established on or after January 1, 2008, property that is an
  3 14 apartment building, a mobile home park, a manufactured home
  3 15 community, or a land=leased community shall be valued as a
  3 16 separate class as commercial residential property and shall be
  3 17 assessed at a percentage of actual value, as equalized by the
  3 18 director of revenue as provided in section 441.49, as follows:
  3 19    (1)  For valuations established for the assessment year
  3 20 beginning January 1, 2008, ninety=two and five=tenths percent
  3 21 of actual value or the percentage of actual value established
  3 22 for residential property, whichever is higher.
  3 23    (2)  For valuations established for the assessment year
  3 24 beginning January 1, 2009, eighty=five percent of actual value
  3 25 or the percentage of actual value established for residential
  3 26 property, whichever is higher.
  3 27    (3)  For valuations established for the assessment year
  3 28 beginning January 1, 2010, seventy=seven and five=tenths
  3 29 percent of actual value or the percentage of actual value
  3 30 established for residential property, whichever is higher.
  3 31    (4)  For valuations established for the assessment year
  3 32 beginning January 1, 2011, seventy percent of actual value or
  3 33 the percentage of actual value established for residential
  3 34 property, whichever is higher.
  3 35    (5)  For valuations established for the assessment year
  4  1 beginning January 1, 2012, sixty=two and five=tenths percent
  4  2 of actual value or the percentage of actual value established
  4  3 for residential property, whichever is higher.
  4  4    (6)  For valuations established for the assessment year
  4  5 beginning January 1, 2013, fifty=five percent of actual value
  4  6 or the percentage of actual value established for residential
  4  7 property, whichever is higher.
  4  8    (7)  For valuations established for the assessment year
  4  9 beginning January 1, 2014, and each year thereafter, the same
  4 10 percentage as the percentage of actual value established for
  4 11 residential property.
  4 12    b.  As used in paragraph "a":
  4 13    (1)  "Apartment building" means the land and building used
  4 14 primarily for human habitation and containing three or more
  4 15 separate living quarters, as well as structures and
  4 16 improvements used primarily as a part of or in conjunction
  4 17 with such land and building.  "Apartment building" does not
  4 18 include a hotel, motel, inn, or other building where rooms are
  4 19 usually rented for less than one month, a nursing home, or a
  4 20 rest home.
  4 21    (2)  "Land=leased community" means the same as defined in
  4 22 sections 335.30A and 414.28A.
  4 23    (3)  "Manufactured home community" means the same as a
  4 24 land=leased community.
  4 25    (4)  "Mobile home park" means the same as defined in
  4 26 section 435.1.
  4 27    c.  Notwithstanding paragraph "a", if a portion of a parcel
  4 28 of property defined in paragraph "b" is not used for or in
  4 29 conjunction with human habitation, the assessor shall
  4 30 separately assess the multiple uses of the property according
  4 31 to guidelines set forth by rule by the department of revenue.
  4 32                           DIVISION II
  4 33                       PROPERTY TAX STUDY
  4 34    Sec. 7.  LEGISLATIVE PROPERTY TAX STUDY COMMITTEE.
  4 35    1.  A legislative property tax study committee is
  5  1 established on July 1, 2007.  The study committee shall
  5  2 conduct a comprehensive review of property taxation in Iowa
  5  3 including but not limited to the continued use of property
  5  4 taxes as a major funding source for local governments and for
  5  5 local school districts in Iowa, the classification and
  5  6 assessment of property for property tax purposes and the
  5  7 impact of the tie between residential and agricultural
  5  8 property assessments, the level of consistency employed in
  5  9 classifying and assessing property for property tax purposes,
  5 10 the various exemptions and credits currently available to
  5 11 property taxpayers and the impact on local government and
  5 12 state budgets and on other taxpayers of providing those
  5 13 credits and exemptions, and the use of property taxes as an
  5 14 economic development tool and the impact on local and state
  5 15 government budgets and on other taxpayers of such use.  In its
  5 16 study, the committee shall address the goals of property tax
  5 17 simplification and equity.
  5 18    2.  a.  The committee shall be comprised of the following
  5 19 voting members:
  5 20    (1)  Three members who are members of the senate, two of
  5 21 whom shall be appointed by the majority leader of the senate
  5 22 and one of whom shall be appointed by the minority leader of
  5 23 the senate.
  5 24    (2)  Three members who are members of the house of
  5 25 representatives, two of whom shall be appointed by the speaker
  5 26 of the house of representatives and one of whom shall be
  5 27 appointed by the minority leader of the house of
  5 28 representatives.
  5 29    b.  The committee shall be comprised of the following
  5 30 voting members who shall be appointed by the majority leader
  5 31 of the senate and the speaker of the house of representatives
  5 32 in consultation with the minority leaders of the senate and
  5 33 the house of representatives:
  5 34    (1)  A representative of the Iowa state association of
  5 35 counties.
  6  1    (2)  A representative of the Iowa league of cities.
  6  2    (3)  A representative of the Iowa association of school
  6  3 boards.
  6  4    (4)  Local assessors.
  6  5    (5)  County auditors.
  6  6    (6)  A representative of an organization representing local
  6  7 economic development entities.
  6  8    (7)  A representative of an association representing Iowa
  6  9 telecommunications property taxpayers.
  6 10    (8)  A representative of commercial property taxpayers.
  6 11    (9)  A representative of industrial property taxpayers.
  6 12    (10)  A representative of residential property taxpayers.
  6 13    (11)  A representative of agricultural property taxpayers.
  6 14    (12)  Representatives of other interests as designated by
  6 15 the legislative council.
  6 16    c.  The committee shall be comprised of the following
  6 17 nonvoting members who shall be appointed by the governor:
  6 18    (1)  A representative employed by the department of
  6 19 management.
  6 20    (2)  A representative employed by the department of
  6 21 revenue.
  6 22    (3)  A representative employed by the department of
  6 23 economic development.
  6 24    (4)  A representative employed by the department of
  6 25 education.
  6 26    3.  The property tax study committee shall meet during the
  6 27 2007 and 2008 legislative interims at the call of the
  6 28 chairperson.  The committee is authorized to hold as many
  6 29 meetings as the committee deems necessary.
  6 30    4.  The property tax study committee may contract with one
  6 31 or more tax consultants or experts familiar with the Iowa
  6 32 property tax system.  The legislative council, pursuant to its
  6 33 authority in section 2.42, may allocate to the study committee
  6 34 funding from moneys available to it in section 2.12 for the
  6 35 purpose of contracting with the consultant or expert.
  7  1    5.  The property tax study committee shall submit a final
  7  2 report to the general assembly on or before January 5, 2009.
  7  3 The final report shall include but not be limited to findings,
  7  4 analyses, and recommendations by the committee.
  7  5 SF 604
  7  6 sc:rj/cc/26