House
File
2274
-
Reprinted
HOUSE
FILE
2274
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
519)
(As
Amended
and
Passed
by
the
House
February
14,
2012
)
A
BILL
FOR
An
Act
relating
to
property
taxation
and
local
government
1
budgets
by
increasing
the
regular
program
foundation
base
2
percentage,
establishing
a
property
tax
exemption
for
3
certain
commercial
and
industrial
property,
establishing
4
and
modifying
property
assessment
limitations,
providing
5
for
certain
property
tax
replacement
payments,
modifying
6
the
assessment
and
taxation
of
telecommunications
company
7
property,
establishing
budget
limitations
for
counties
8
and
cities,
eliminating
certain
reporting
requirements,
9
making
appropriations,
and
including
effective
date
and
10
applicability
provisions.
11
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
12
HF
2274
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84
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H.F.
2274
DIVISION
I
1
EDUCATION
FINANCE
2
Section
1.
Section
257.1,
subsection
2,
paragraph
b,
Code
3
2011,
is
amended
by
striking
the
paragraph
and
inserting
in
4
lieu
thereof
the
following:
5
b.
(1)
The
regular
program
foundation
base
per
pupil
is
the
6
following:
7
(a)
For
the
budget
year
commencing
July
1,
2012,
and
the
8
budget
year
commencing
July
1,
2013,
the
regular
program
9
foundation
base
per
pupil
is
eighty-seven
and
five-tenths
10
percent
of
the
regular
program
state
cost
per
pupil.
11
(b)
For
the
budget
year
commencing
July
1,
2014,
the
regular
12
program
foundation
base
per
pupil
is
eighty-nine
and
six
13
hundredths
percent
of
the
regular
program
state
cost
per
pupil.
14
(c)
For
the
budget
year
commencing
July
1,
2015,
the
regular
15
program
foundation
base
per
pupil
is
ninety
and
sixty-three
16
hundredths
percent
of
the
regular
program
state
cost
per
pupil.
17
(d)
For
the
budget
year
commencing
July
1,
2016,
the
regular
18
program
foundation
base
per
pupil
is
ninety-two
and
nineteen
19
hundredths
percent
of
the
regular
program
state
cost
per
pupil.
20
(e)
For
the
budget
year
commencing
July
1,
2017,
the
21
regular
program
foundation
base
per
pupil
is
ninety-three
and
22
seventy-five
hundredths
percent
of
the
regular
program
state
23
cost
per
pupil.
24
(f)
For
the
budget
year
commencing
July
1,
2018,
the
regular
25
program
foundation
base
per
pupil
is
ninety-five
and
thirty-one
26
hundredths
percent
of
the
regular
program
state
cost
per
pupil.
27
(g)
For
the
budget
year
commencing
July
1,
2019,
the
28
regular
program
foundation
base
per
pupil
is
ninety-six
and
29
eighty-eight
hundredths
percent
of
the
regular
program
state
30
cost
per
pupil.
31
(h)
For
the
budget
year
commencing
July
1,
2020,
the
32
regular
program
foundation
base
per
pupil
is
ninety-eight
and
33
forty-four
hundredths
percent
of
the
regular
program
state
cost
34
per
pupil.
35
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(i)
For
the
budget
year
commencing
July
1,
2021,
and
1
succeeding
budget
years,
the
regular
program
foundation
base
2
per
pupil
is
one
hundred
percent
of
the
regular
program
state
3
cost
per
pupil.
4
(2)
For
each
budget
year,
the
special
education
support
5
services
foundation
base
is
seventy-nine
percent
of
the
special
6
education
support
services
state
cost
per
pupil.
The
combined
7
foundation
base
is
the
sum
of
the
regular
program
foundation
8
base,
the
special
education
support
services
foundation
base,
9
the
total
teacher
salary
supplement
district
cost,
the
total
10
professional
development
supplement
district
cost,
the
total
11
early
intervention
supplement
district
cost,
the
total
area
12
education
agency
teacher
salary
supplement
district
cost,
13
and
the
total
area
education
agency
professional
development
14
supplement
district
cost.
15
Sec.
2.
Section
257.4,
subsection
1,
paragraph
b,
Code
2011,
16
is
amended
to
read
as
follows:
17
b.
For
the
budget
year
beginning
July
1,
2008,
and
18
succeeding
budget
years
beginning
before
July
1,
2021
,
the
19
department
of
management
shall
annually
determine
an
adjusted
20
additional
property
tax
levy
and
a
statewide
maximum
adjusted
21
additional
property
tax
levy
rate,
not
to
exceed
the
statewide
22
average
additional
property
tax
levy
rate,
calculated
by
23
dividing
the
total
adjusted
additional
property
tax
levy
24
dollars
statewide
by
the
statewide
total
net
taxable
valuation.
25
For
purposes
of
this
paragraph,
the
adjusted
additional
26
property
tax
levy
shall
be
that
portion
of
the
additional
27
property
tax
levy
corresponding
to
the
state
cost
per
pupil
28
multiplied
by
a
school
district’s
weighted
enrollment,
and
then
29
multiplied
by
one
hundred
percent
less
the
regular
program
30
foundation
base
per
pupil
percentage
pursuant
to
section
31
257.1
.
The
For
budget
years
beginning
before
July
1,
2021,
the
32
district
shall
receive
adjusted
additional
property
tax
levy
33
aid
in
an
amount
equal
to
the
difference
between
the
adjusted
34
additional
property
tax
levy
rate
and
the
statewide
maximum
35
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H.F.
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adjusted
additional
property
tax
levy
rate,
as
applied
per
1
thousand
dollars
of
assessed
valuation
on
all
taxable
property
2
in
the
district.
The
statewide
maximum
adjusted
additional
3
property
tax
levy
rate
shall
be
annually
determined
by
the
4
department
taking
into
account
amounts
allocated
pursuant
to
5
section
257.15,
subsection
4
.
The
For
budget
years
beginning
6
before
July
1,
2021,
the
statewide
maximum
adjusted
additional
7
property
tax
levy
rate
shall
be
annually
determined
by
the
8
department
taking
into
account
amounts
allocated
pursuant
to
9
section
257.15,
subsection
4
,
and
the
balance
of
the
property
10
tax
equity
and
relief
fund
created
in
section
257.16A
at
the
11
end
of
the
calendar
year.
12
Sec.
3.
Section
257.15,
subsection
4,
Code
2011,
is
amended
13
to
read
as
follows:
14
4.
a.
Allocations
for
maximum
adjusted
additional
property
15
tax
levy
rate
calculation
and
adjusted
additional
property
16
tax
levy
aid.
The
For
fiscal
years
beginning
before
July
1,
17
2021,
the
department
of
management
shall
allocate
from
amounts
18
appropriated
pursuant
to
section
257.16,
subsection
1
,
and
from
19
funds
appropriated
from
the
property
tax
equity
and
relief
20
fund
created
in
section
257.16A
for
the
purpose
of
calculating
21
the
statewide
maximum
adjusted
additional
property
tax
levy
22
rate
and
providing
adjusted
additional
property
tax
levy
aid
23
as
provided
in
section
257.4,
subsection
1
,
paragraph
“b”
,
24
an
amount
equal
to
the
sum
of
subparagraphs
(1)
and
(2)
as
25
follows:
26
(1)
From
the
amount
appropriated
from
the
general
fund
of
27
the
state
pursuant
to
section
257.16,
subsection
1
,
equal
to
28
the
following:
29
(a)
For
the
budget
year
beginning
July
1,
2006,
six
million
30
dollars.
31
(b)
For
the
budget
year
beginning
July
1,
2007,
twelve
32
million
dollars.
33
(c)
For
the
budget
year
beginning
July
1,
2008,
eighteen
34
million
dollars.
35
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(d)
For
the
budget
year
beginning
July
1,
2009,
and
1
succeeding
budget
years
beginning
before
July
1,
2021
,
2
twenty-four
million
dollars.
3
(2)
From
the
amount
appropriated
from
the
property
tax
4
equity
and
relief
fund
created
in
section
257.16A
.
5
b.
After
lowering
all
school
district
additional
property
6
tax
levy
rates
to
the
statewide
maximum
adjusted
additional
7
property
tax
levy
rate
under
paragraph
“a”
,
the
department
of
8
management
shall
use
any
remaining
funds
at
the
end
of
the
9
calendar
year
to
further
lower
additional
property
taxes
by
10
increasing
for
the
budget
year
beginning
the
following
July
11
1,
the
state
foundation
base
percentage.
If,
however,
the
12
state
foundation
base
percentage
is
one
hundred
percent,
the
13
department
of
management
shall
deposit
those
remaining
funds
14
in
the
taxpayers
trust
fund
created
in
section
8.57E.
Moneys
15
used
pursuant
to
this
paragraph
shall
supplant
an
equal
amount
16
of
the
appropriation
made
from
the
general
fund
of
the
state
17
pursuant
to
section
257.16
that
represents
the
increase
in
18
state
foundation
aid.
19
Sec.
4.
Section
257.16A,
subsections
2
and
3,
Code
2011,
are
20
amended
to
read
as
follows:
21
2.
There
For
fiscal
years
beginning
before
July
1,
2021,
22
there
is
appropriated
annually
all
moneys
in
the
fund
to
the
23
department
of
management
for
purposes
of
section
257.15,
24
subsection
4
.
25
3.
Notwithstanding
Except
as
provided
in
subsection
4,
26
and
notwithstanding
section
8.33
,
any
moneys
remaining
in
the
27
property
tax
equity
and
relief
fund
at
the
end
of
a
fiscal
year
28
shall
not
revert
to
any
other
fund
but
shall
remain
in
the
29
property
tax
equity
and
relief
fund
for
use
as
provided
in
this
30
section
for
the
following
fiscal
year.
31
Sec.
5.
Section
257.16A,
Code
2011,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
4.
Any
moneys
in
the
property
tax
equity
34
and
relief
fund
on
June
30,
2021,
shall
be
deposited
by
the
35
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2274
department
of
management
in
the
taxpayers
trust
fund
created
1
in
section
8.57E.
2
Sec.
6.
Section
423F.2,
subsection
3,
Code
2011,
is
amended
3
to
read
as
follows:
4
3.
The
moneys
available
in
a
fiscal
year
in
the
secure
an
5
advanced
vision
for
education
fund
shall
be
distributed
by
the
6
department
of
revenue
to
each
school
district
in
an
amount
7
equal
to
the
amount
the
school
district
would
have
received
8
pursuant
to
the
formula
in
section
423E.4
as
if
the
local
9
sales
and
services
tax
for
school
infrastructure
purposes
was
10
imposed.
Moneys
collected
in
a
fiscal
year
beginning
before
11
July
1,
2019,
that
are
in
excess
of
that
needed
to
provide
each
12
school
district
with
its
formula
amount
shall
be
distributed
13
and
credited
to
the
property
tax
equity
and
relief
fund
14
created
in
section
257.16A
.
Moneys
collected
in
a
fiscal
year
15
beginning
on
or
after
July
1,
2019,
that
are
in
excess
of
that
16
amount
needed
to
provide
each
school
district
with
its
formula
17
amount
shall
be
deposited
in
the
taxpayers
trust
fund
created
18
in
section
8.57E.
19
DIVISION
II
20
PROPERTY
TAX
EXEMPTION
AND
ASSESSMENT
LIMITATIONS
——
PROPERTY
21
TAX
REPLACEMENT
22
Sec.
7.
Section
257.3,
subsection
1,
Code
2011,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
d.
The
amount
paid
to
each
school
district
25
for
the
commercial
and
industrial
property
tax
replacement
26
claim
under
section
441.21A
shall
be
regarded
as
property
tax.
27
The
portion
of
the
payment
which
is
foundation
property
tax
28
shall
be
determined
by
applying
the
foundation
property
tax
29
rate
to
the
amount
computed
under
section
441.21A,
subsection
30
4,
paragraph
“a”
,
and
such
amount
shall
be
prorated
pursuant
to
31
section
441.21A,
subsection
2,
if
applicable.
32
Sec.
8.
Section
331.512,
Code
2011,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
13A.
Carry
out
duties
relating
to
the
35
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calculation
and
payment
of
commercial
and
industrial
property
1
tax
replacement
claims
under
section
441.21A.
2
Sec.
9.
Section
331.512,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
13B.
Carry
out
duties
relating
to
the
5
commercial
and
industrial
property
tax
exemption
as
provided
in
6
section
427.1,
subsection
38.
7
Sec.
10.
Section
331.559,
Code
2011,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
25A.
Carry
out
duties
relating
to
the
10
calculation
and
payment
of
commercial
and
industrial
property
11
tax
replacement
claims
under
section
441.21A.
12
Sec.
11.
Section
427.1,
Code
Supplement
2011,
is
amended
by
13
adding
the
following
new
subsection:
14
NEW
SUBSECTION
.
38.
Commercial
and
industrial
property.
15
a.
Property
that
is
not
located
in
an
urban
renewal
area
16
for
which
an
ordinance
providing
for
a
division
of
revenue
17
was
adopted
before
January
1,
2012,
and
is
in
effect
on
the
18
date
of
the
assessment
and
that
is
classified
for
property
tax
19
purposes
as
either
commercial
property
or
industrial
property.
20
For
assessment
years
beginning
on
or
after
January
1,
2013,
21
but
before
January
1,
2018,
the
exemption
provided
under
22
this
subsection
is
limited
to
an
amount
of
actual
value
of
23
the
property
equal
to
fifteen
percent
of
either
four
hundred
24
thousand
dollars
or
the
actual
value
of
the
property,
whichever
25
is
less.
For
the
assessment
year
beginning
on
January
1,
2018,
26
the
exemption
provided
under
this
subsection
is
limited
to
an
27
amount
of
actual
value
of
the
property
equal
to
ten
percent
28
of
either
four
hundred
thousand
dollars
or
the
actual
value
29
of
the
property,
whichever
is
less.
For
the
assessment
year
30
beginning
on
January
1,
2019,
the
exemption
provided
under
31
this
subsection
is
limited
to
an
amount
of
actual
value
of
the
32
property
equal
to
five
percent
of
either
four
hundred
thousand
33
dollars
or
the
actual
value
of
the
property,
whichever
is
less.
34
b.
If
property
that
is
eligible
for
the
exemption
under
this
35
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subsection
also
receives
a
property
tax
exemption
under
another
1
provision
of
law
for
the
same
assessment
year,
the
amount
of
2
the
exemption
determined
under
this
subsection
shall
be
reduced
3
by
the
amount
of
the
other
exemption.
4
c.
Wind
energy
conversion
property
as
defined
in
section
5
427B.26
is
not
eligible
for
the
exemption
provided
under
this
6
subsection.
7
d.
Upon
receiving
the
appropriate
valuation
information
and
8
data
from
the
assessor,
the
county
auditor
shall
calculate
the
9
amount
of
each
exemption
under
this
subsection
and
shall
enter
10
such
exemption
amounts
in
the
county
system.
11
Sec.
12.
Section
441.21,
subsection
4,
Code
Supplement
12
2011,
is
amended
to
read
as
follows:
13
4.
For
valuations
established
as
of
January
1,
1979,
14
the
percentage
of
actual
value
at
which
agricultural
and
15
residential
property
shall
be
assessed
shall
be
the
quotient
16
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
17
dividend
for
each
class
of
property
shall
be
the
dividend
18
as
determined
for
each
class
of
property
for
valuations
19
established
as
of
January
1,
1978,
adjusted
by
the
product
20
obtained
by
multiplying
the
percentage
determined
for
that
21
year
by
the
amount
of
any
additions
or
deletions
to
actual
22
value,
excluding
those
resulting
from
the
revaluation
of
23
existing
properties,
as
reported
by
the
assessors
on
the
24
abstracts
of
assessment
for
1978,
plus
six
percent
of
the
25
amount
so
determined.
However,
if
the
difference
between
the
26
dividend
so
determined
for
either
class
of
property
and
the
27
dividend
for
that
class
of
property
for
valuations
established
28
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
29
multiplying
the
percentage
determined
for
that
year
by
the
30
amount
of
any
additions
or
deletions
to
actual
value,
excluding
31
those
resulting
from
the
revaluation
of
existing
properties,
32
as
reported
by
the
assessors
on
the
abstracts
of
assessment
33
for
1978,
is
less
than
six
percent,
the
1979
dividend
for
the
34
other
class
of
property
shall
be
the
dividend
as
determined
for
35
-7-
HF
2274
(9)
84
md/sc
7/
39
H.F.
2274
that
class
of
property
for
valuations
established
as
of
January
1
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
2
the
percentage
determined
for
that
year
by
the
amount
of
3
any
additions
or
deletions
to
actual
value,
excluding
those
4
resulting
from
the
revaluation
of
existing
properties,
as
5
reported
by
the
assessors
on
the
abstracts
of
assessment
for
6
1978,
plus
a
percentage
of
the
amount
so
determined
which
is
7
equal
to
the
percentage
by
which
the
dividend
as
determined
8
for
the
other
class
of
property
for
valuations
established
9
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
10
multiplying
the
percentage
determined
for
that
year
by
the
11
amount
of
any
additions
or
deletions
to
actual
value,
excluding
12
those
resulting
from
the
revaluation
of
existing
properties,
13
as
reported
by
the
assessors
on
the
abstracts
of
assessment
14
for
1978,
is
increased
in
arriving
at
the
1979
dividend
for
15
the
other
class
of
property.
The
divisor
for
each
class
16
of
property
shall
be
the
total
actual
value
of
all
such
17
property
in
the
state
in
the
preceding
year,
as
reported
by
18
the
assessors
on
the
abstracts
of
assessment
submitted
for
19
1978,
plus
the
amount
of
value
added
to
said
total
actual
20
value
by
the
revaluation
of
existing
properties
in
1979
as
21
equalized
by
the
director
of
revenue
pursuant
to
section
22
441.49
.
The
director
shall
utilize
information
reported
on
23
abstracts
of
assessment
submitted
pursuant
to
section
441.45
24
in
determining
such
percentage.
For
valuations
established
25
as
of
January
1,
1980,
and
each
assessment
year
thereafter
26
beginning
before
January
1,
2013
,
the
percentage
of
actual
27
value
as
equalized
by
the
director
of
revenue
as
provided
28
in
section
441.49
at
which
agricultural
and
residential
29
property
shall
be
assessed
shall
be
calculated
in
accordance
30
with
the
methods
provided
herein
including
the
limitation
of
31
increases
in
agricultural
and
residential
assessed
values
to
32
the
percentage
increase
of
the
other
class
of
property
if
the
33
other
class
increases
less
than
the
allowable
limit
adjusted
to
34
include
the
applicable
and
current
values
as
equalized
by
the
35
-8-
HF
2274
(9)
84
md/sc
8/
39
H.F.
2274
director
of
revenue,
except
that
any
references
to
six
percent
1
in
this
subsection
shall
be
four
percent.
For
valuations
2
established
as
of
January
1,
2013,
and
each
assessment
year
3
thereafter,
the
percentage
of
actual
value
as
equalized
by
the
4
director
of
revenue
as
provided
in
section
441.49
at
which
5
agricultural
and
residential
property
shall
be
assessed
shall
6
be
calculated
in
accordance
with
the
methods
provided
herein
7
including
the
limitation
of
increases
in
agricultural
and
8
residential
assessed
values
to
the
percentage
increase
of
the
9
other
class
of
property
if
the
other
class
increases
less
10
than
the
allowable
limit
adjusted
to
include
the
applicable
11
and
current
values
as
equalized
by
the
director
of
revenue,
12
except
that
any
references
to
six
percent
in
this
subsection
13
shall
be
two
percent.
However,
for
valuations
established
14
as
of
January
1,
2013,
and
each
assessment
year
thereafter,
15
the
percentage
of
actual
value
as
equalized
by
the
director
16
of
revenue
as
provided
in
section
441.49
at
which
residential
17
property
shall
be
assessed,
as
calculated
in
accordance
with
18
the
methods
provided
herein,
shall
not
exceed
the
percentage
of
19
actual
value
at
which
property
assessed
as
commercial
property
20
is
assessed
under
subsection
5,
paragraph
“b”
,
for
the
same
21
assessment
year.
22
Sec.
13.
Section
441.21,
subsection
5,
Code
Supplement
23
2011,
is
amended
to
read
as
follows:
24
5.
a.
For
valuations
established
as
of
January
1,
1979,
25
commercial
property
and
industrial
property,
excluding
26
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
27
be
assessed
as
a
percentage
of
the
actual
value
of
each
class
28
of
property.
The
percentage
shall
be
determined
for
each
29
class
of
property
by
the
director
of
revenue
for
the
state
in
30
accordance
with
the
provisions
of
this
section
.
For
valuations
31
established
as
of
January
1,
1979,
the
percentage
shall
be
32
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
33
section
.
The
dividend
for
each
class
of
property
shall
be
the
34
total
actual
valuation
for
each
class
of
property
established
35
-9-
HF
2274
(9)
84
md/sc
9/
39
H.F.
2274
for
1978,
plus
six
percent
of
the
amount
so
determined.
The
1
divisor
for
each
class
of
property
shall
be
the
valuation
2
for
each
class
of
property
established
for
1978,
as
reported
3
by
the
assessors
on
the
abstracts
of
assessment
for
1978,
4
plus
the
amount
of
value
added
to
the
total
actual
value
by
5
the
revaluation
of
existing
properties
in
1979
as
equalized
6
by
the
director
of
revenue
pursuant
to
section
441.49
.
For
7
valuations
established
as
of
January
1,
1979,
property
valued
8
by
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
9
437
,
and
438
shall
be
considered
as
one
class
of
property
and
10
shall
be
assessed
as
a
percentage
of
its
actual
value.
The
11
percentage
shall
be
determined
by
the
director
of
revenue
in
12
accordance
with
the
provisions
of
this
section
.
For
valuations
13
established
as
of
January
1,
1979,
the
percentage
shall
be
14
the
quotient
of
the
dividend
and
divisor
as
defined
in
this
15
section
.
The
dividend
shall
be
the
total
actual
valuation
16
established
for
1978
by
the
department
of
revenue,
plus
ten
17
percent
of
the
amount
so
determined.
The
divisor
for
property
18
valued
by
the
department
of
revenue
pursuant
to
chapters
428
,
19
433
,
437
,
and
438
shall
be
the
valuation
established
for
1978,
20
plus
the
amount
of
value
added
to
the
total
actual
value
by
21
the
revaluation
of
the
property
by
the
department
of
revenue
22
as
of
January
1,
1979.
For
valuations
established
as
of
23
January
1,
1980,
commercial
property
and
industrial
property,
24
excluding
properties
referred
to
in
section
427A.1,
subsection
25
8
,
shall
be
assessed
at
a
percentage
of
the
actual
value
of
26
each
class
of
property.
The
percentage
shall
be
determined
27
for
each
class
of
property
by
the
director
of
revenue
for
the
28
state
in
accordance
with
the
provisions
of
this
section
.
For
29
valuations
established
as
of
January
1,
1980,
the
percentage
30
shall
be
the
quotient
of
the
dividend
and
divisor
as
defined
in
31
this
section
.
The
dividend
for
each
class
of
property
shall
32
be
the
dividend
as
determined
for
each
class
of
property
for
33
valuations
established
as
of
January
1,
1979,
adjusted
by
the
34
product
obtained
by
multiplying
the
percentage
determined
35
-10-
HF
2274
(9)
84
md/sc
10/
39
H.F.
2274
for
that
year
by
the
amount
of
any
additions
or
deletions
to
1
actual
value,
excluding
those
resulting
from
the
revaluation
2
of
existing
properties,
as
reported
by
the
assessors
on
the
3
abstracts
of
assessment
for
1979,
plus
four
percent
of
the
4
amount
so
determined.
The
divisor
for
each
class
of
property
5
shall
be
the
total
actual
value
of
all
such
property
in
1979,
6
as
equalized
by
the
director
of
revenue
pursuant
to
section
7
441.49
,
plus
the
amount
of
value
added
to
the
total
actual
8
value
by
the
revaluation
of
existing
properties
in
1980.
The
9
director
shall
utilize
information
reported
on
the
abstracts
of
10
assessment
submitted
pursuant
to
section
441.45
in
determining
11
such
percentage.
For
valuations
established
as
of
January
1,
12
1980,
property
valued
by
the
department
of
revenue
pursuant
13
to
chapters
428
,
433
,
437
,
and
438
shall
be
assessed
at
a
14
percentage
of
its
actual
value.
The
percentage
shall
be
15
determined
by
the
director
of
revenue
in
accordance
with
the
16
provisions
of
this
section
.
For
valuations
established
as
of
17
January
1,
1980,
the
percentage
shall
be
the
quotient
of
the
18
dividend
and
divisor
as
defined
in
this
section
.
The
dividend
19
shall
be
the
total
actual
valuation
established
for
1979
by
20
the
department
of
revenue,
plus
eight
percent
of
the
amount
so
21
determined.
The
divisor
for
property
valued
by
the
department
22
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
shall
be
23
the
valuation
established
for
1979,
plus
the
amount
of
value
24
added
to
the
total
actual
value
by
the
revaluation
of
the
25
property
by
the
department
of
revenue
as
of
January
1,
1980.
26
For
valuations
established
as
of
January
1,
1981,
and
each
27
year
thereafter,
the
percentage
of
actual
value
as
equalized
28
by
the
director
of
revenue
as
provided
in
section
441.49
at
29
which
commercial
property
and
industrial
property,
excluding
30
properties
referred
to
in
section
427A.1,
subsection
8
,
shall
31
be
assessed
shall
be
calculated
in
accordance
with
the
methods
32
provided
herein,
except
that
any
references
to
six
percent
33
in
this
subsection
shall
be
four
percent.
For
valuations
34
established
as
of
January
1,
1981,
and
each
year
thereafter,
35
-11-
HF
2274
(9)
84
md/sc
11/
39
H.F.
2274
the
percentage
of
actual
value
at
which
property
valued
by
1
the
department
of
revenue
pursuant
to
chapters
428
,
433
,
437
,
2
and
438
shall
be
assessed
shall
be
calculated
in
accordance
3
with
the
methods
provided
herein,
except
that
any
references
4
to
ten
percent
in
this
subsection
shall
be
eight
percent.
5
Beginning
with
valuations
established
as
of
January
1,
1979,
6
and
each
assessment
year
thereafter
beginning
before
January
7
1,
2013
,
property
valued
by
the
department
of
revenue
pursuant
8
to
chapter
434
shall
also
be
assessed
at
a
percentage
of
its
9
actual
value
which
percentage
shall
be
equal
to
the
percentage
10
determined
by
the
director
of
revenue
for
commercial
property,
11
industrial
property,
or
property
valued
by
the
department
of
12
revenue
pursuant
to
chapters
428
,
433
,
437
,
and
438
,
whichever
13
is
lowest.
For
valuations
established
on
or
after
January
1,
14
2013,
property
valued
by
the
department
of
revenue
pursuant
15
to
chapter
434
that
is
not
located
in
an
urban
renewal
area
16
for
which
an
ordinance
providing
for
a
division
of
revenue
was
17
adopted
before
January
1,
2012,
and
is
in
effect
on
the
date
18
of
the
assessment
shall
be
assessed
at
a
percentage
of
its
19
actual
value
equal
to
the
percentage
of
actual
value
at
which
20
property
assessed
as
commercial
property
is
assessed
for
the
21
same
assessment
year
under
paragraph
“b”
.
22
b.
For
valuations
established
on
or
after
January
1,
2013,
23
commercial
property
that
is
not
located
in
an
urban
renewal
24
area
for
which
an
ordinance
providing
for
a
division
of
revenue
25
was
adopted
before
January
1,
2012,
and
is
in
effect
on
the
26
date
of
the
assessment,
and
excluding
properties
referred
27
to
in
section
427A.1,
subsection
8,
shall
be
assessed
as
a
28
percentage
of
its
actual
value,
as
determined
in
this
paragraph
29
“b”
.
For
valuations
established
for
the
assessment
year
30
beginning
January
1,
2013,
the
percentage
of
actual
value
as
31
equalized
by
the
director
of
revenue
as
provided
in
section
32
441.49
at
which
such
commercial
property
shall
be
assessed
33
shall
be
ninety-five
percent.
For
valuations
established
for
34
the
assessment
year
beginning
January
1,
2014,
the
percentage
35
-12-
HF
2274
(9)
84
md/sc
12/
39
H.F.
2274
of
actual
value
as
equalized
by
the
director
of
revenue
as
1
provided
in
section
441.49
at
which
such
commercial
property
2
shall
be
assessed
shall
be
ninety
percent.
For
valuations
3
established
for
the
assessment
year
beginning
January
1,
2015,
4
the
percentage
of
actual
value
as
equalized
by
the
director
of
5
revenue
as
provided
in
section
441.49
at
which
such
commercial
6
property
shall
be
assessed
shall
be
eighty-five
percent.
For
7
valuations
established
for
the
assessment
year
beginning
8
January
1,
2016,
the
percentage
of
actual
value
as
equalized
by
9
the
director
of
revenue
as
provided
in
section
441.49
at
which
10
such
commercial
property
shall
be
assessed
shall
be
eighty
11
percent.
For
valuations
established
for
the
assessment
year
12
beginning
January
1,
2017,
the
percentage
of
actual
value
as
13
equalized
by
the
director
of
revenue
as
provided
in
section
14
441.49
at
which
such
commercial
property
shall
be
assessed
15
shall
be
seventy-five
percent.
For
valuations
established
for
16
the
assessment
year
beginning
January
1,
2018,
the
percentage
17
of
actual
value
as
equalized
by
the
director
of
revenue
as
18
provided
in
section
441.49
at
which
such
commercial
property
19
shall
be
assessed
shall
be
seventy
percent.
For
valuations
20
established
for
the
assessment
year
beginning
January
1,
2019,
21
the
percentage
of
actual
value
as
equalized
by
the
director
of
22
revenue
as
provided
in
section
441.49
at
which
such
commercial
23
property
shall
be
assessed
shall
be
sixty-five
percent.
For
24
valuations
established
for
the
assessment
year
beginning
25
January
1,
2020,
and
each
assessment
year
thereafter,
the
26
percentage
of
actual
value
as
equalized
by
the
director
of
27
revenue
as
provided
in
section
441.49
at
which
such
commercial
28
property
shall
be
assessed
shall
be
sixty
percent.
29
c.
For
valuations
established
on
or
after
January
1,
30
2013,
industrial
property
that
is
not
located
in
an
urban
31
renewal
area
for
which
an
ordinance
providing
for
a
division
32
of
revenue
was
adopted
before
January
1,
2012,
and
is
in
33
effect
on
the
date
of
the
assessment,
and
excluding
properties
34
referred
to
in
section
427A.1,
subsection
8,
shall
be
assessed
35
-13-
HF
2274
(9)
84
md/sc
13/
39
H.F.
2274
as
a
percentage
of
its
actual
value,
as
determined
in
this
1
paragraph
“c”
.
For
valuations
established
for
the
assessment
2
year
beginning
January
1,
2013,
the
percentage
of
actual
value
3
as
equalized
by
the
director
of
revenue
as
provided
in
section
4
441.49
at
which
such
industrial
property
shall
be
assessed
5
shall
be
ninety-five
percent.
For
valuations
established
for
6
the
assessment
year
beginning
January
1,
2014,
the
percentage
7
of
actual
value
as
equalized
by
the
director
of
revenue
as
8
provided
in
section
441.49
at
which
such
industrial
property
9
shall
be
assessed
shall
be
ninety
percent.
For
valuations
10
established
for
the
assessment
year
beginning
January
1,
2015,
11
the
percentage
of
actual
value
as
equalized
by
the
director
of
12
revenue
as
provided
in
section
441.49
at
which
such
industrial
13
property
shall
be
assessed
shall
be
eighty-five
percent.
For
14
valuations
established
for
the
assessment
year
beginning
15
January
1,
2016,
the
percentage
of
actual
value
as
equalized
by
16
the
director
of
revenue
as
provided
in
section
441.49
at
which
17
such
industrial
property
shall
be
assessed
shall
be
eighty
18
percent.
For
valuations
established
for
the
assessment
year
19
beginning
January
1,
2017,
the
percentage
of
actual
value
as
20
equalized
by
the
director
of
revenue
as
provided
in
section
21
441.49
at
which
such
industrial
property
shall
be
assessed
22
shall
be
seventy-five
percent.
For
valuations
established
for
23
the
assessment
year
beginning
January
1,
2018,
the
percentage
24
of
actual
value
as
equalized
by
the
director
of
revenue
as
25
provided
in
section
441.49
at
which
such
industrial
property
26
shall
be
assessed
shall
be
seventy
percent.
For
valuations
27
established
for
the
assessment
year
beginning
January
1,
2019,
28
the
percentage
of
actual
value
as
equalized
by
the
director
of
29
revenue
as
provided
in
section
441.49
at
which
such
industrial
30
property
shall
be
assessed
shall
be
sixty-five
percent.
For
31
valuations
established
for
the
assessment
year
beginning
32
January
1,
2020,
and
each
assessment
year
thereafter,
the
33
percentage
of
actual
value
as
equalized
by
the
director
of
34
revenue
as
provided
in
section
441.49
at
which
such
industrial
35
-14-
HF
2274
(9)
84
md/sc
14/
39
H.F.
2274
property
shall
be
assessed
shall
be
sixty
percent.
1
Sec.
14.
NEW
SECTION
.
441.21A
Commercial
and
industrial
2
property
tax
replacement
fund
——
replacement
claims.
3
1.
a.
The
commercial
and
industrial
property
tax
4
replacement
fund
is
created
in
the
state
treasury
under
5
the
control
of
the
department
of
revenue
for
the
payment
of
6
commercial
and
industrial
property
tax
replacement
claims
in
7
fiscal
years
beginning
on
or
after
July
1,
2014.
8
b.
For
the
fiscal
year
beginning
July
1,
2014,
there
9
is
appropriated
from
the
general
fund
of
the
state
to
the
10
department
of
revenue
to
be
credited
to
the
fund,
one
hundred
11
million
dollars.
For
the
fiscal
year
beginning
July
1,
2015,
12
there
is
appropriated
from
the
general
fund
of
the
state
to
13
the
department
of
revenue
to
be
credited
to
the
fund,
one
14
hundred
fifty
million
dollars.
For
the
fiscal
year
beginning
15
July
1,
2016,
there
is
appropriated
from
the
general
fund
of
16
the
state
to
the
department
of
revenue
to
be
credited
to
the
17
fund,
one
hundred
eighty
million
dollars.
For
the
fiscal
year
18
beginning
July
1,
2017,
there
is
appropriated
from
the
general
19
fund
of
the
state
to
the
department
of
revenue
to
be
credited
20
to
the
fund,
two
hundred
ten
million
dollars.
For
the
fiscal
21
year
beginning
July
1,
2018,
and
each
fiscal
year
thereafter,
22
there
is
appropriated
from
the
general
fund
of
the
state
to
the
23
department
of
revenue
to
be
credited
to
the
fund,
two
hundred
24
forty
million
dollars.
25
2.
Beginning
with
the
fiscal
year
beginning
July
1,
2014,
26
each
county
treasurer
shall
be
paid
from
the
commercial
and
27
industrial
property
tax
replacement
fund
an
amount
equal
to
28
the
amount
of
the
commercial
and
industrial
property
tax
29
replacement
claims
in
the
county,
as
calculated
in
subsection
30
4.
If
an
amount
appropriated
for
a
fiscal
year
is
insufficient
31
to
pay
all
replacement
claims,
the
director
of
revenue
32
shall
prorate
the
disbursements
from
the
fund
to
the
county
33
treasurers
and
shall
notify
the
county
auditors
of
the
pro
rata
34
percentage
on
or
before
September
30.
Any
unspent
balance
in
35
-15-
HF
2274
(9)
84
md/sc
15/
39
H.F.
2274
the
fund
as
of
June
30
of
each
year
shall
revert
to
the
general
1
fund
of
the
state
as
provided
by
section
8.33.
2
3.
On
or
before
July
1
of
each
fiscal
year
beginning
on
3
or
after
July
1,
2014,
the
assessor
shall
determine
the
total
4
assessed
value
of
all
commercial
property,
industrial
property,
5
and
property
assessed
by
the
department
of
revenue
pursuant
to
6
chapter
434
assessed
for
taxes
due
and
payable
in
that
fiscal
7
year
and
the
total
assessed
value
of
such
property
assessed
8
as
of
January
1,
2012,
and
shall
report
the
valuations
to
the
9
county
auditor.
10
4.
On
or
before
September
1
of
each
fiscal
year
beginning
11
on
or
after
July
1,
2014,
the
county
auditor
shall
prepare
12
a
statement,
based
upon
the
report
received
pursuant
to
13
subsection
3,
listing
for
each
taxing
district
in
the
county:
14
a.
The
difference
between
the
assessed
valuation
of
all
15
commercial
property,
industrial
property,
and
property
assessed
16
by
the
department
of
revenue
pursuant
to
chapter
434
assessed
17
for
the
current
assessment
year,
beginning
with
the
assessment
18
year
beginning
January
1,
2013,
and
the
assessed
value
of
all
19
commercial
property,
industrial
property,
and
property
assessed
20
by
the
department
of
revenue
pursuant
to
chapter
434
assessed
21
as
of
January
1,
2012.
If
the
assessed
value
of
all
commercial
22
property,
industrial
property,
and
property
assessed
by
the
23
department
of
revenue
pursuant
to
chapter
434
assessed
as
of
24
January
1,
2012,
is
less
than
the
assessed
valuation
of
all
25
commercial
property,
industrial
property,
and
property
assessed
26
by
the
department
of
revenue
pursuant
to
chapter
434
for
the
27
current
assessment
year,
there
is
no
tax
replacement
for
that
28
taxing
district
for
the
fiscal
year.
29
b.
The
tax
levy
rate
for
each
taxing
district
for
that
30
fiscal
year.
31
c.
The
commercial
and
industrial
property
tax
replacement
32
claim
for
each
taxing
district.
For
fiscal
years
beginning
on
33
or
after
July
1,
2014,
the
replacement
claim
is
equal
to
the
34
amount
determined
pursuant
to
paragraph
“a”
,
multiplied
by
the
35
-16-
HF
2274
(9)
84
md/sc
16/
39
H.F.
2274
tax
rate
specified
in
paragraph
“b”
.
1
5.
For
purposes
of
computing
replacement
amounts
under
2
this
section,
that
portion
of
an
urban
renewal
area
defined
as
3
the
sum
of
the
assessed
valuations
defined
in
section
403.19,
4
subsections
1
and
2,
shall
not
be
considered
a
taxing
district.
5
6.
a.
The
county
auditor
shall
certify
and
forward
one
copy
6
of
the
statement
to
the
department
of
revenue
not
later
than
7
September
1
of
each
year.
8
b.
The
replacement
claims
shall
be
paid
to
each
county
9
treasurer
in
equal
installments
in
September
and
March
of
each
10
year.
The
county
treasurer
shall
apportion
the
replacement
11
claim
payments
among
the
eligible
taxing
districts
in
the
12
county.
13
Sec.
15.
SAVINGS
PROVISION.
This
division
of
this
Act,
14
pursuant
to
section
4.13,
does
not
affect
the
operation
of,
15
or
prohibit
the
application
of,
prior
provisions
of
section
16
441.21,
or
rules
adopted
under
chapter
17A
to
administer
prior
17
provisions
of
section
441.21,
for
assessment
years
beginning
18
before
January
1,
2013,
and
for
duties,
powers,
protests,
19
appeals,
proceedings,
actions,
or
remedies
attributable
to
an
20
assessment
year
beginning
before
January
1,
2013.
21
Sec.
16.
IMPLEMENTATION.
Section
25B.7
shall
not
apply
to
22
this
division
of
this
Act.
23
Sec.
17.
APPLICABILITY.
This
division
of
this
Act
applies
24
to
assessment
years
beginning
on
or
after
January
1,
2013.
25
DIVISION
III
26
TELECOMMUNICATIONS
PROPERTY
TAX
27
Sec.
18.
Section
427A.1,
subsection
1,
paragraph
h,
Code
28
2011,
is
amended
to
read
as
follows:
29
h.
Property
assessed
by
the
department
of
revenue
pursuant
30
to
sections
428.24
to
428.29
,
or
chapters
433
,
434
,
437
,
437A
,
31
and
438
.
32
Sec.
19.
Section
433.4,
Code
2011,
is
amended
to
read
as
33
follows:
34
433.4
Assessment.
35
-17-
HF
2274
(9)
84
md/sc
17/
39
H.F.
2274
1.
The
director
of
revenue
shall
on
or
before
October
31
1
each
year,
proceed
to
find
the
actual
value
of
the
property
2
of
these
companies
in
this
state
used
by
the
companies
in
the
3
transaction
of
telegraph
and
telephone
business
,
taking
into
4
consideration
the
information
obtained
from
the
statements
5
required,
and
any
further
information
the
director
can
obtain,
6
using
the
same
as
a
means
for
determining
the
actual
cash
value
7
of
the
property
of
these
companies
within
this
state.
The
8
director
shall
also
take
into
consideration
the
valuation
of
9
all
property
of
these
companies,
including
franchises
and
the
10
use
of
the
property
in
connection
with
lines
outside
the
state,
11
and
making
these
deductions
as
may
be
necessary
on
account
of
12
extra
value
of
property
outside
the
state
as
compared
with
13
the
value
of
property
in
the
state,
in
order
that
the
actual
14
cash
value
of
the
property
of
the
company
within
this
state
15
may
be
ascertained.
The
assessment
shall
include
all
property
16
of
every
kind
and
character
whatsoever,
real,
personal,
or
17
mixed,
used
by
the
companies
in
the
transaction
of
telegraph
18
and
telephone
business;
and
the
The
property
so
included
in
19
the
assessment
shall
not
be
taxed
in
any
other
manner
than
as
20
provided
in
this
chapter
.
21
2.
a.
Except
as
provided
in
paragraph
“c
”,
for
assessment
22
years
beginning
on
or
after
January
1,
2013,
a
company’s
23
property,
excluding
the
property
identified
in
paragraph
“b”
24
as
exempt
from
taxation,
shall
be
subject
to
assessment
and
25
taxation
under
this
chapter
by
the
director
of
revenue
in
26
the
same
manner
as
property
assessed
and
taxed
as
commercial
27
property
under
chapters
427,
427A,
427B,
428,
and
441.
28
b.
All
of
the
following
is
exempt
from
taxation
and
shall
29
not
be
assessed
for
taxation
under
this
chapter:
30
(1)
Central
office
equipment.
31
(2)
Transmission
equipment.
32
(3)
Qualified
telephone
company
property.
However,
33
qualified
telephone
company
property
shall
be
valued
and
34
included
in
the
company’s
assessment
for
the
assessment
years,
35
-18-
HF
2274
(9)
84
md/sc
18/
39
H.F.
2274
and
to
the
extent
specified,
in
paragraph
“c”
.
1
(4)
Intangible
property.
2
c.
For
assessment
years
beginning
on
or
after
January
1,
3
2013,
but
before
January
1,
2020,
the
director
of
revenue
shall
4
include
as
part
of
the
actual
value
determined
under
paragraph
5
“a”
for
the
applicable
assessment
year,
the
following:
6
(1)
For
the
assessment
year
beginning
January
1,
2013,
an
7
amount
equal
to
the
actual
value
of
the
company’s
qualified
8
telephone
company
property
that
exceeds
five
million
dollars.
9
(2)
For
the
assessment
year
beginning
January
1,
2014,
an
10
amount
equal
to
the
actual
value
of
the
company’s
qualified
11
telephone
company
property
that
exceeds
twenty-five
million
12
dollars.
13
(3)
For
the
assessment
year
beginning
January
1,
2015,
an
14
amount
equal
to
the
actual
value
of
the
company’s
qualified
15
telephone
company
property
that
exceeds
fifty
million
dollars.
16
(4)
For
the
assessment
year
beginning
January
1,
2016,
an
17
amount
equal
to
the
actual
value
of
the
company’s
qualified
18
telephone
company
property
that
exceeds
seventy-five
million
19
dollars.
20
(5)
For
the
assessment
year
beginning
January
1,
2017,
an
21
amount
equal
to
the
actual
value
of
the
company’s
qualified
22
telephone
company
property
that
exceeds
one
hundred
million
23
dollars.
24
(6)
For
the
assessment
year
beginning
January
1,
2018,
an
25
amount
equal
to
the
actual
value
of
the
company’s
qualified
26
telephone
company
property
that
exceeds
one
hundred
twenty-five
27
million
dollars.
28
(7)
For
the
assessment
year
beginning
January
1,
2019,
an
29
amount
equal
to
the
actual
value
of
the
company’s
qualified
30
telephone
company
property
that
exceeds
one
hundred
fifty
31
million
dollars.
32
Sec.
20.
Section
433.12,
Code
2011,
is
amended
by
adding
the
33
following
new
subsections:
34
NEW
SUBSECTION
.
1A.
As
used
in
this
chapter,
“central
35
-19-
HF
2274
(9)
84
md/sc
19/
39
H.F.
2274
office
equipment”
means
equipment
owned
or
leased
by
a
company
1
and
used
in
initiating,
amplifying,
switching,
or
monitoring
2
telecommunications
services,
including
such
ancillary
equipment
3
necessary
for
the
support,
regulation,
control,
repair,
or
4
testing
of
such
equipment.
5
NEW
SUBSECTION
.
2A.
As
used
in
this
chapter,
“intangible
6
property”
includes
but
is
not
limited
to
goodwill
associated
7
with
a
company.
8
NEW
SUBSECTION
.
3.
As
used
in
this
chapter,
“qualified
9
telephone
company
property”
means
telephone
wire,
telephone
10
cable,
fiber
optic
cable,
conduit
systems,
poles,
or
other
11
equipment
owned
or
leased
by
a
company
and
used
by
the
company
12
to
transmit
sound
or
data.
13
NEW
SUBSECTION
.
4.
As
used
in
this
chapter,
“transmission
14
equipment”
means
equipment
owned
or
leased
by
a
company
and
15
used
in
the
process
of
sending
information
from
one
location
to
16
another
location,
including
such
ancillary
equipment
necessary
17
for
the
support,
regulation,
control,
repair,
or
testing
of
18
such
equipment.
19
Sec.
21.
Section
476.1D,
subsection
10,
Code
Supplement
20
2011,
is
amended
by
striking
the
subsection.
21
Sec.
22.
EFFECTIVE
DATE.
22
1.
Except
as
provided
in
subsection
2,
this
division
of
this
23
Act
takes
effect
July
1,
2012.
24
2.
The
section
of
this
division
of
this
Act
amending
section
25
476.1D
takes
effect
July
1,
2019.
26
Sec.
23.
APPLICABILITY.
27
1.
Except
as
provided
in
subsection
2,
this
division
of
this
28
Act
applies
to
assessment
years
beginning
on
or
after
January
29
1,
2013.
30
2.
The
section
of
this
division
of
this
Act
amending
section
31
476.1D
applies
to
assessment
years
beginning
on
or
after
32
January
1,
2020.
33
DIVISION
IV
34
COUNTY
AND
CITY
BUDGET
LIMITATION
35
-20-
HF
2274
(9)
84
md/sc
20/
39
H.F.
2274
Sec.
24.
Section
23A.2,
subsection
10,
paragraph
h,
Code
1
2011,
is
amended
to
read
as
follows:
2
h.
The
performance
of
an
activity
listed
in
section
331.424
,
3
Code
2011,
as
a
service
for
which
a
supplemental
levy
county
4
may
be
certified
include
in
its
budget
.
5
Sec.
25.
Section
28M.5,
subsection
2,
Code
2011,
is
amended
6
to
read
as
follows:
7
2.
If
a
regional
transit
district
budget
allocates
8
revenue
responsibilities
to
the
board
of
supervisors
of
a
9
participating
county,
the
amount
of
the
regional
transit
10
district
levy
that
is
the
responsibility
of
the
participating
11
county
shall
be
deducted
from
the
maximum
rates
amount
of
taxes
12
authorized
to
be
levied
by
the
county
pursuant
to
section
13
331.423
,
subsections
1
and
2
subsection
3,
paragraphs
“b”
14
and
“c”
,
as
applicable,
unless
the
county
meets
its
revenue
15
responsibilities
as
allocated
in
the
budget
from
other
16
available
revenue
sources.
However,
for
a
regional
transit
17
district
that
includes
a
county
with
a
population
of
less
than
18
three
hundred
thousand,
the
amount
of
the
regional
transit
19
district
levy
that
is
the
responsibility
of
such
participating
20
county
shall
be
deducted
from
the
maximum
rate
amount
of
taxes
21
authorized
to
be
levied
by
the
county
pursuant
to
section
22
331.423,
subsection
1
3,
paragraph
“b”
.
23
Sec.
26.
Section
123.38,
subsection
2,
Code
2011,
is
amended
24
to
read
as
follows:
25
2.
Any
licensee
or
permittee,
or
the
licensee’s
or
26
permittee’s
executor
or
administrator,
or
any
person
duly
27
appointed
by
the
court
to
take
charge
of
and
administer
the
28
property
or
assets
of
the
licensee
or
permittee
for
the
benefit
29
of
the
licensee’s
or
permittee’s
creditors,
may
voluntarily
30
surrender
a
license
or
permit
to
the
division.
When
a
license
31
or
permit
is
surrendered
the
division
shall
notify
the
local
32
authority,
and
the
division
or
the
local
authority
shall
33
refund
to
the
person
surrendering
the
license
or
permit,
a
34
proportionate
amount
of
the
fee
received
by
the
division
or
35
-21-
HF
2274
(9)
84
md/sc
21/
39
H.F.
2274
the
local
authority
for
the
license
or
permit
as
follows:
if
1
a
license
or
permit
is
surrendered
during
the
first
three
2
months
of
the
period
for
which
it
was
issued,
the
refund
shall
3
be
three-fourths
of
the
amount
of
the
fee;
if
surrendered
4
more
than
three
months
but
not
more
than
six
months
after
5
issuance,
the
refund
shall
be
one-half
of
the
amount
of
the
6
fee;
if
surrendered
more
than
six
months
but
not
more
than
7
nine
months
after
issuance,
the
refund
shall
be
one-fourth
of
8
the
amount
of
the
fee.
No
refund
shall
be
made,
however,
for
9
any
special
liquor
permit,
nor
for
a
liquor
control
license,
10
wine
permit,
or
beer
permit
surrendered
more
than
nine
months
11
after
issuance.
For
purposes
of
this
subsection,
any
portion
12
of
license
or
permit
fees
used
for
the
purposes
authorized
in
13
section
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
14
(1)
and
(2),
Code
2011,
and
in
section
331.424A
,
shall
not
be
15
deemed
received
either
by
the
division
or
by
a
local
authority.
16
No
refund
shall
be
made
to
any
licensee
or
permittee,
upon
the
17
surrender
of
the
license
or
permit,
if
there
is
at
the
time
18
of
surrender,
a
complaint
filed
with
the
division
or
local
19
authority,
charging
the
licensee
or
permittee
with
a
violation
20
of
this
chapter
.
If
upon
a
hearing
on
a
complaint
the
license
21
or
permit
is
not
revoked
or
suspended,
then
the
licensee
or
22
permittee
is
eligible,
upon
surrender
of
the
license
or
permit,
23
to
receive
a
refund
as
provided
in
this
section
;
but
if
the
24
license
or
permit
is
revoked
or
suspended
upon
hearing
the
25
licensee
or
permittee
is
not
eligible
for
the
refund
of
any
26
portion
of
the
license
or
permit
fee.
27
Sec.
27.
Section
218.99,
Code
2011,
is
amended
to
read
as
28
follows:
29
218.99
Counties
to
be
notified
of
patients’
personal
30
accounts.
31
The
administrator
in
control
of
a
state
institution
shall
32
direct
the
business
manager
of
each
institution
under
the
33
administrator’s
jurisdiction
which
is
mentioned
in
section
34
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
(1)
35
-22-
HF
2274
(9)
84
md/sc
22/
39
H.F.
2274
and
(2),
and
for
which
services
are
paid
under
section
1
331.424A
,
to
quarterly
inform
the
county
of
legal
settlement’s
2
entity
designated
to
perform
the
county’s
central
point
of
3
coordination
process
of
any
patient
or
resident
who
has
an
4
amount
in
excess
of
two
hundred
dollars
on
account
in
the
5
patients’
personal
deposit
fund
and
the
amount
on
deposit.
The
6
administrators
shall
direct
the
business
manager
to
further
7
notify
the
entity
designated
to
perform
the
county’s
central
8
point
of
coordination
process
at
least
fifteen
days
before
the
9
release
of
funds
in
excess
of
two
hundred
dollars
or
upon
the
10
death
of
the
patient
or
resident.
If
the
patient
or
resident
11
has
no
county
of
legal
settlement,
notice
shall
be
made
to
the
12
director
of
human
services
and
the
administrator
in
control
of
13
the
institution
involved.
14
Sec.
28.
Section
331.263,
subsection
2,
Code
2011,
is
15
amended
to
read
as
follows:
16
2.
The
governing
body
of
the
community
commonwealth
17
shall
have
the
authority
to
levy
county
taxes
and
shall
18
have
the
authority
to
levy
city
taxes
to
the
extent
the
19
city
tax
levy
authority
is
transferred
by
the
charter
to
20
the
community
commonwealth.
A
city
participating
in
the
21
community
commonwealth
shall
transfer
a
portion
of
the
22
city’s
tax
levy
authorized
under
section
384.1
or
384.12
,
23
whichever
is
applicable,
to
the
governing
body
of
the
community
24
commonwealth.
The
maximum
rates
amount
of
taxes
authorized
to
25
be
levied
under
sections
section
384.1
and
the
maximum
amount
26
of
taxes
authorized
to
be
levied
under
section
384.12
by
a
city
27
participating
in
the
community
commonwealth
shall
be
reduced
28
by
an
amount
equal
to
the
rates
of
the
same
or
similar
taxes
29
levied
in
the
city
by
the
governing
body
of
the
community
30
commonwealth.
31
Sec.
29.
Section
331.301,
subsection
12,
Code
Supplement
32
2011,
is
amended
to
read
as
follows:
33
12.
The
board
of
supervisors
may
credit
funds
to
a
reserve
34
for
the
purposes
authorized
by
subsection
11
of
this
section
;
35
-23-
HF
2274
(9)
84
md/sc
23/
39
H.F.
2274
section
331.424,
subsection
1
,
paragraph
“a”
,
subparagraph
1
(6);
and
section
331.441,
subsection
2
,
paragraph
“b”
.
Moneys
2
credited
to
the
reserve,
and
interest
earned
on
such
moneys,
3
shall
remain
in
the
reserve
until
expended
for
purposes
4
authorized
by
subsection
11
of
this
section
;
section
331.424,
5
subsection
1
,
paragraph
“a”
,
subparagraph
(6);
or
section
6
331.441,
subsection
2
,
paragraph
“b”
.
7
Sec.
30.
Section
331.421,
subsections
1
and
10,
Code
2011,
8
are
amended
by
striking
the
subsections.
9
Sec.
31.
Section
331.421,
Code
2011,
is
amended
by
adding
10
the
following
new
subsection:
11
NEW
SUBSECTION
.
7A.
“Item”
means
a
budgeted
expenditure,
12
appropriation,
or
cash
reserve
from
a
fund
for
a
service
area,
13
program,
program
element,
or
purpose.
14
Sec.
32.
Section
331.423,
Code
2011,
is
amended
by
striking
15
the
section
and
inserting
in
lieu
thereof
the
following:
16
331.423
Property
tax
dollars
——
maximums.
17
1.
Annually,
the
board
shall
determine
separate
property
18
tax
levy
limits
to
pay
for
general
county
services
and
rural
19
county
services
in
accordance
with
this
section.
The
property
20
tax
levies
separately
certified
for
general
county
services
and
21
rural
county
services
under
section
331.434
shall
not
raise
22
property
tax
dollars
that
exceed
the
amount
determined
under
23
this
section.
24
2.
For
purposes
of
this
section
and
section
331.423B,
unless
25
the
context
otherwise
requires:
26
a.
“Annual
growth
factor”
means
an
index,
expressed
as
27
a
percentage,
determined
by
the
department
of
management
by
28
January
1
of
the
calendar
year
in
which
the
budget
year
begins.
29
In
determining
the
annual
growth
factor,
the
department
shall
30
calculate
the
average
of
the
preceding
twelve-month
percentage
31
change,
which
shall
be
computed
on
a
monthly
basis,
in
the
32
midwest
consumer
price
index,
ending
with
the
percentage
change
33
for
the
month
of
November.
The
department
shall
then
add
that
34
average
percentage
change
to
one
hundred
percent.
In
no
case,
35
-24-
HF
2274
(9)
84
md/sc
24/
39
H.F.
2274
however,
shall
the
annual
growth
factor
exceed
one
hundred
four
1
percent.
2
b.
“Boundary
adjustment”
means
annexation,
severance,
3
incorporation,
or
discontinuance
as
those
terms
are
defined
in
4
section
368.1.
5
c.
“Budget
year”
is
the
fiscal
year
beginning
during
the
6
calendar
year
in
which
a
budget
is
certified.
7
d.
“Current
fiscal
year”
is
the
fiscal
year
ending
during
8
the
calendar
year
in
which
a
budget
is
certified.
9
e.
“Net
new
valuation
taxes”
means
the
amount
of
property
10
tax
dollars
equal
to
the
current
fiscal
year’s
levy
rate
in
11
the
county
for
general
county
services
or
for
rural
county
12
services,
as
applicable,
multiplied
by
the
increase
from
the
13
current
fiscal
year
to
the
budget
year
in
taxable
valuation
due
14
to
the
following:
15
(1)
Net
new
construction,
excluding
all
incremental
16
valuation
that
is
released
in
any
one
year
from
either
a
17
division
of
revenue
under
section
260E.4
or
an
urban
renewal
18
area
for
which
taxes
were
being
divided
under
section
403.19
if
19
the
property
for
the
valuation
being
released
remains
subject
20
to
the
division
of
revenue
under
section
260E.4
or
remains
part
21
of
the
urban
renewal
area
that
is
subject
to
a
division
of
22
revenue
under
section
403.19.
23
(2)
Additions
or
improvements
to
existing
structures.
24
(3)
Remodeling
of
existing
structures
for
which
a
building
25
permit
is
required.
26
(4)
Net
boundary
adjustment.
27
(5)
A
municipality
no
longer
dividing
tax
revenues
in
an
28
urban
renewal
area
as
provided
in
section
403.19
or
a
community
29
college
no
longer
dividing
revenues
as
provided
in
section
30
260E.4.
31
(6)
That
portion
of
taxable
property
located
in
an
urban
32
revitalization
area
on
which
an
exemption
was
allowed
and
such
33
exemption
has
expired.
34
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
and
35
-25-
HF
2274
(9)
84
md/sc
25/
39
H.F.
2274
subsequent
fiscal
years,
the
maximum
amount
of
property
tax
1
dollars
which
may
be
certified
for
levy
by
a
county
for
general
2
county
services
and
rural
county
services
shall
be
the
maximum
3
property
tax
dollars
calculated
under
paragraphs
“b”
and
“c”
,
4
respectively.
5
b.
The
maximum
property
tax
dollars
that
may
be
levied
for
6
general
county
services
is
an
amount
equal
to
the
sum
of
the
7
following:
8
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
9
maximum
property
tax
dollars
for
general
county
services.
10
(2)
The
amount
of
net
new
valuation
taxes
in
the
county.
11
c.
The
maximum
property
tax
dollars
that
may
be
levied
for
12
rural
county
services
is
an
amount
equal
to
the
sum
of
the
13
following:
14
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
15
maximum
property
tax
dollars
for
rural
county
services.
16
(2)
The
amount
of
net
new
valuation
taxes
in
the
17
unincorporated
area
of
the
county.
18
4.
a.
For
purposes
of
calculating
maximum
property
tax
19
dollars
for
general
county
services
for
the
fiscal
year
20
beginning
July
1,
2013,
only,
the
term
“current
fiscal
year’s
21
maximum
property
tax
dollars”
shall
mean
the
total
amount
of
22
property
tax
dollars
certified
by
the
county
for
general
county
23
services
for
the
fiscal
year
beginning
July
1,
2012.
24
b.
For
purposes
of
calculating
maximum
property
tax
dollars
25
for
rural
county
services
for
the
fiscal
year
beginning
July
26
1,
2013,
only,
the
term
“current
fiscal
year’s
maximum
property
27
tax
dollars”
shall
mean
the
total
amount
of
property
tax
dollars
28
certified
by
the
county
for
rural
county
services
for
the
29
fiscal
year
beginning
July
1,
2012.
30
5.
Property
taxes
certified
for
mental
health,
mental
31
retardation,
and
developmental
disabilities
services,
the
32
emergency
services
fund
in
section
331.424C,
the
debt
service
33
fund
in
section
331.430,
any
capital
projects
fund
established
34
by
the
county
for
deposit
of
bond,
loan,
or
note
proceeds,
and
35
-26-
HF
2274
(9)
84
md/sc
26/
39
H.F.
2274
any
temporary
increase
approved
pursuant
to
section
331.424,
1
are
not
included
in
the
maximum
amount
of
property
tax
dollars
2
that
may
be
certified
for
a
budget
year
under
subsection
3.
3
6.
The
department
of
management,
in
consultation
with
the
4
county
finance
committee,
shall
adopt
rules
to
administer
this
5
section.
The
department
shall
prescribe
forms
to
be
used
by
6
counties
when
making
calculations
required
by
this
section.
7
Sec.
33.
NEW
SECTION
.
331.423B
Ending
fund
balance.
8
1.
a.
Budgeted
ending
fund
balances
for
a
budget
year
9
in
excess
of
twenty-five
percent
of
budgeted
expenditures
in
10
either
the
general
fund
or
rural
services
fund
for
that
budget
11
year
shall
be
explicitly
reserved
or
designated
for
a
specific
12
purpose.
13
b.
A
county
is
encouraged,
but
not
required,
to
reduce
14
budgeted,
unreserved,
or
undesignated
ending
fund
balances
for
15
the
budget
year
to
an
amount
equal
to
approximately
twenty-five
16
percent
of
budgeted
expenditures
and
transfers
from
the
general
17
fund
and
rural
services
fund
for
that
budget
year
unless
a
18
decision
is
certified
by
the
state
appeal
board
ordering
a
19
reduction
in
the
ending
fund
balance
of
any
of
those
funds.
20
c.
In
a
protest
to
the
county
budget
under
section
331.436,
21
the
county
shall
have
the
burden
of
proving
that
the
budgeted
22
balances
in
excess
of
twenty-five
percent
are
reasonably
likely
23
to
be
appropriated
for
the
explicitly
reserved
or
designated
24
specific
purpose.
The
excess
budgeted
balance
for
the
specific
25
purpose
shall
be
considered
an
increase
in
an
item
in
the
26
budget
for
purposes
of
section
24.28.
27
2.
a.
For
a
county
that
has,
as
of
June
30,
2012,
reduced
28
its
actual
ending
fund
balance
to
less
than
twenty-five
29
percent
of
actual
expenditures,
additional
property
taxes
may
30
be
computed
and
levied
as
provided
in
this
subsection.
The
31
additional
property
tax
levy
amount
is
an
amount
not
to
exceed
32
twenty-five
percent
of
actual
expenditures
from
the
general
33
fund
and
rural
services
fund
for
the
fiscal
year
beginning
July
34
1,
2011,
minus
the
combined
ending
fund
balances
for
those
35
-27-
HF
2274
(9)
84
md/sc
27/
39
H.F.
2274
funds
for
that
year.
1
b.
The
amount
of
the
additional
property
taxes
shall
be
2
apportioned
between
the
general
fund
and
the
rural
services
3
fund.
However,
the
amount
apportioned
for
general
county
4
services
and
for
rural
county
services
shall
not
exceed
for
5
each
fund
twenty-five
percent
of
actual
expenditures
for
the
6
fiscal
year
beginning
July
1,
2011.
7
c.
All
or
a
portion
of
additional
property
tax
dollars
8
may
be
levied
for
the
purpose
of
increasing
cash
reserves
9
for
general
county
services
and
rural
county
services
in
the
10
budget
year.
The
additional
property
tax
dollars
authorized
11
under
this
subsection
but
not
levied
may
be
carried
forward
as
12
unused
ending
fund
balance
taxing
authority
until
and
for
the
13
fiscal
year
beginning
July
1,
2018.
The
amount
carried
forward
14
shall
not
exceed
twenty-five
percent
of
the
maximum
amount
of
15
property
tax
dollars
available
in
the
current
fiscal
year.
16
Additionally,
property
taxes
that
are
levied
as
unused
ending
17
fund
balance
taxing
authority
under
this
subsection
may
be
the
18
subject
of
a
protest
under
section
331.436,
and
the
amount
19
will
be
considered
an
increase
in
an
item
in
the
budget
for
20
purposes
of
section
24.28.
The
amount
of
additional
property
21
taxes
levied
under
this
subsection
shall
not
be
included
in
the
22
computation
of
the
maximum
amount
of
property
tax
dollars
which
23
may
be
certified
and
levied
under
section
331.423.
24
Sec.
34.
Section
331.424,
Code
2011,
is
amended
by
striking
25
the
section
and
inserting
in
lieu
thereof
the
following:
26
331.424
Authority
to
levy
beyond
maximum
property
tax
27
dollars.
28
1.
The
board
may
certify
additions
to
the
maximum
amount
29
of
property
tax
dollars
to
be
levied
for
a
period
of
time
not
30
to
exceed
two
years
if
the
proposition
has
been
submitted
at
a
31
special
election
and
received
a
favorable
majority
of
the
votes
32
cast
on
the
proposition.
33
2.
The
special
election
is
subject
to
the
following:
34
a.
The
board
must
give
at
least
thirty-two
days’
notice
to
35
-28-
HF
2274
(9)
84
md/sc
28/
39
H.F.
2274
the
county
commissioner
of
elections
that
the
special
election
1
is
to
be
held.
In
no
case,
however,
shall
a
notice
be
given
to
2
the
county
commissioner
of
elections
after
December
31
for
an
3
election
on
a
proposition
to
exceed
the
statutory
limits
during
4
the
fiscal
year
beginning
in
the
next
calendar
year.
5
b.
The
special
election
shall
be
conducted
by
the
county
6
commissioner
of
elections
in
accordance
with
law.
7
c.
The
proposition
to
be
submitted
shall
be
substantially
8
in
the
following
form:
9
Vote
“yes”
or
“no”
on
the
following:
Shall
the
county
of
10
_______
levy
for
an
additional
$_______
each
year
for
___
years
11
beginning
July
1,
_____,
in
excess
of
the
statutory
limits
12
otherwise
applicable
for
the
(general
county
services
or
rural
13
services)
fund?
14
d.
The
canvass
shall
be
held
beginning
at
1:00
p.m.
on
15
the
second
day
which
is
not
a
holiday
following
the
special
16
election.
17
e.
Notice
of
the
special
election
shall
be
published
at
18
least
once
in
a
newspaper
as
specified
in
section
331.305
prior
19
to
the
date
of
the
special
election.
The
notice
shall
appear
20
as
early
as
practicable
after
the
board
has
voted
to
submit
21
a
proposition
to
the
voters
to
levy
additional
property
tax
22
dollars.
23
3.
Registered
voters
in
the
county
may
vote
on
the
24
proposition
to
increase
property
taxes
for
the
general
fund
25
in
excess
of
the
statutory
limit.
Registered
voters
residing
26
outside
the
corporate
limits
of
a
city
within
the
county
may
27
vote
on
the
proposition
to
increase
property
taxes
for
the
28
rural
services
fund
in
excess
of
the
statutory
limit.
29
4.
The
amount
of
additional
property
tax
dollars
certified
30
under
this
section
shall
not
be
included
in
the
computation
31
of
the
maximum
amount
of
property
tax
dollars
which
may
be
32
certified
and
levied
under
section
331.423.
33
Sec.
35.
Section
331.424A,
subsection
4,
Code
Supplement
34
2011,
is
amended
to
read
as
follows:
35
-29-
HF
2274
(9)
84
md/sc
29/
39
H.F.
2274
4.
For
the
fiscal
year
beginning
July
1,
1996,
and
for
each
1
subsequent
fiscal
year,
the
county
shall
certify
a
levy
for
2
payment
of
services.
For
each
fiscal
year,
county
revenues
3
from
taxes
imposed
by
the
county
credited
to
the
services
fund
4
shall
not
exceed
an
amount
equal
to
the
amount
of
base
year
5
expenditures
for
services
as
defined
in
section
331.438
,
less
6
the
amount
of
property
tax
relief
to
be
received
pursuant
to
7
section
426B.2
,
in
the
fiscal
year
for
which
the
budget
is
8
certified.
The
county
auditor
and
the
board
of
supervisors
9
shall
reduce
the
amount
of
the
levy
certified
for
the
services
10
fund
by
the
amount
of
property
tax
relief
to
be
received.
A
11
levy
certified
under
this
section
is
not
subject
to
the
appeal
12
provisions
of
section
331.426
or
to
any
other
provision
in
law
13
authorizing
a
county
to
exceed,
increase,
or
appeal
a
property
14
tax
levy
limit.
15
Sec.
36.
Section
331.427,
subsection
3,
paragraph
l,
Code
16
2011,
is
amended
to
read
as
follows:
17
l.
Services
listed
in
section
331.424,
subsection
1
,
Code
18
2011,
and
section
331.554
.
19
Sec.
37.
Section
331.428,
subsection
2,
paragraph
d,
Code
20
2011,
is
amended
to
read
as
follows:
21
d.
Services
listed
under
section
331.424,
subsection
2
,
Code
22
2011
.
23
Sec.
38.
Section
331.434,
subsection
1,
Code
2011,
is
24
amended
to
read
as
follows:
25
1.
The
budget
shall
show
the
amount
required
for
each
class
26
of
proposed
expenditures,
a
comparison
of
the
amounts
proposed
27
to
be
expended
with
the
amounts
expended
for
like
purposes
for
28
the
two
preceding
years,
the
revenues
from
sources
other
than
29
property
taxation,
and
the
amount
to
be
raised
by
property
30
taxation,
in
the
detail
and
form
prescribed
by
the
director
31
of
the
department
of
management.
For
each
county
that
has
32
established
an
urban
renewal
area,
the
budget
shall
include
33
estimated
and
actual
tax
increment
financing
revenues
and
all
34
estimated
and
actual
expenditures
of
the
revenues,
proceeds
35
-30-
HF
2274
(9)
84
md/sc
30/
39
H.F.
2274
from
debt
and
all
estimated
and
actual
expenditures
of
the
1
debt
proceeds,
and
identification
of
any
entity
receiving
a
2
direct
payment
of
taxes
funded
by
tax
increment
financing
3
revenues
and
shall
include
the
total
amount
of
loans,
advances,
4
indebtedness,
or
bonds
outstanding
at
the
close
of
the
most
5
recently
ended
fiscal
year,
which
qualify
for
payment
from
the
6
special
fund
created
in
section
403.19
,
including
interest
7
negotiated
on
such
loans,
advances,
indebtedness,
or
bonds.
8
For
purposes
of
this
subsection
,
“indebtedness”
includes
9
written
agreements
whereby
the
county
agrees
to
suspend,
abate,
10
exempt,
rebate,
refund,
or
reimburse
property
taxes,
provide
11
a
grant
for
property
taxes
paid,
or
make
a
direct
payment
12
of
taxes,
with
moneys
in
the
special
fund.
The
amount
of
13
loans,
advances,
indebtedness,
or
bonds
shall
be
listed
in
14
the
aggregate
for
each
county
reporting.
The
county
finance
15
committee,
in
consultation
with
the
department
of
management
16
and
the
legislative
services
agency,
shall
determine
reporting
17
criteria
and
shall
prepare
a
form
for
reports
filed
with
the
18
department
pursuant
to
this
section
.
The
department
shall
make
19
the
information
available
by
electronic
means.
20
Sec.
39.
Section
373.10,
Code
2011,
is
amended
to
read
as
21
follows:
22
373.10
Taxing
authority.
23
The
metropolitan
council
shall
have
the
authority
to
24
levy
city
taxes
to
the
extent
the
city
tax
levy
authority
25
is
transferred
by
the
charter
to
the
metropolitan
council.
26
A
member
city
shall
transfer
a
portion
of
the
city’s
tax
27
levy
authorized
under
section
384.1
or
384.12
,
whichever
is
28
applicable,
to
the
metropolitan
council.
The
maximum
rates
29
amount
of
taxes
authorized
to
be
levied
under
sections
section
30
384.1
and
the
taxes
authorized
to
be
levied
under
section
31
384.12
by
a
member
city
shall
be
reduced
by
an
amount
equal
to
32
the
rates
of
the
same
or
similar
taxes
levied
in
the
city
by
the
33
metropolitan
council.
34
Sec.
40.
Section
384.1,
Code
2011,
is
amended
by
striking
35
-31-
HF
2274
(9)
84
md/sc
31/
39
H.F.
2274
the
section
and
inserting
in
lieu
thereof
the
following:
1
384.1
Property
tax
dollars
——
maximums.
2
1.
A
city
shall
certify
taxes
to
be
levied
by
the
city
3
on
all
taxable
property
within
the
city
limits,
for
all
city
4
government
purposes.
Annually,
the
city
council
may
certify
5
basic
levies
for
city
government
purposes,
subject
to
the
6
limitation
on
property
tax
dollars
provided
in
this
section.
7
2.
For
purposes
of
this
section
and
section
384.1B,
unless
8
the
context
otherwise
requires:
9
a.
“Annual
growth
factor”
means
an
index,
expressed
as
10
a
percentage,
determined
by
the
department
of
management
by
11
January
1
of
the
calendar
year
in
which
the
budget
year
begins.
12
In
determining
the
annual
growth
factor,
the
department
shall
13
calculate
the
average
of
the
preceding
twelve-month
percentage
14
change,
which
shall
be
computed
on
a
monthly
basis,
in
the
15
midwest
consumer
price
index,
ending
with
the
percentage
change
16
for
the
month
of
November.
The
department
shall
then
add
that
17
average
percentage
change
to
one
hundred
percent.
In
no
case,
18
however,
shall
the
annual
growth
factor
exceed
one
hundred
four
19
percent.
20
b.
“Boundary
adjustment”
means
annexation,
severance,
21
incorporation,
or
discontinuance
as
those
terms
are
defined
in
22
section
368.1.
23
c.
“Budget
year”
is
the
fiscal
year
beginning
during
the
24
calendar
year
in
which
a
budget
is
certified.
25
d.
“Current
fiscal
year”
is
the
fiscal
year
ending
during
26
the
calendar
year
in
which
a
budget
is
certified.
27
e.
“Net
new
valuation
taxes”
means
the
amount
of
property
28
tax
dollars
equal
to
the
current
fiscal
year’s
levy
rate
in
the
29
city
for
the
general
fund
multiplied
by
the
increase
from
the
30
current
fiscal
year
to
the
budget
year
in
taxable
valuation
due
31
to
the
following:
32
(1)
Net
new
construction,
excluding
all
incremental
33
valuation
that
is
released
in
any
one
year
from
either
a
34
division
of
revenue
under
section
260E.4
or
an
urban
renewal
35
-32-
HF
2274
(9)
84
md/sc
32/
39
H.F.
2274
area
for
which
taxes
were
being
divided
under
section
403.19
if
1
the
property
for
the
valuation
being
released
remains
subject
2
to
the
division
of
revenue
under
section
260E.4
or
remains
part
3
of
the
urban
renewal
area
that
is
subject
to
a
division
of
4
revenue
under
section
403.19.
5
(2)
Additions
or
improvements
to
existing
structures.
6
(3)
Remodeling
of
existing
structures
for
which
a
building
7
permit
is
required.
8
(4)
Net
boundary
adjustment.
9
(5)
A
municipality
no
longer
dividing
tax
revenues
in
an
10
urban
renewal
area
as
provided
in
section
403.19
or
a
community
11
college
no
longer
dividing
revenues
as
provided
in
section
12
260E.4.
13
(6)
That
portion
of
taxable
property
located
in
an
urban
14
revitalization
area
on
which
an
exemption
was
allowed
and
such
15
exemption
has
expired.
16
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
and
17
subsequent
fiscal
years,
the
maximum
amount
of
property
18
tax
dollars
which
may
be
certified
for
levy
by
a
city
for
19
the
general
fund
shall
be
the
maximum
property
tax
dollars
20
calculated
under
paragraph
“b”
.
21
b.
The
maximum
property
tax
dollars
that
may
be
levied
for
22
deposit
in
the
general
fund
is
an
amount
equal
to
the
sum
of
the
23
following:
24
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
25
maximum
property
tax
dollars
for
the
general
fund.
26
(2)
The
amount
of
net
new
valuation
taxes
in
the
city.
27
4.
For
purposes
of
calculating
maximum
property
tax
dollars
28
for
the
city
general
fund
for
the
fiscal
year
beginning
July
29
1,
2013,
only,
the
term
“current
fiscal
year’s
maximum
property
30
tax
dollars”
shall
mean
the
total
amount
of
property
tax
dollars
31
certified
by
the
city
for
the
city’s
general
fund
for
the
32
fiscal
year
beginning
July
1,
2012.
33
5.
Property
taxes
certified
for
deposit
in
the
debt
service
34
fund
in
section
384.4,
trust
and
agency
funds
in
section
35
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384.6,
capital
improvements
reserve
fund
in
section
384.7,
1
the
emergency
fund
in
section
384.8,
any
capital
projects
2
fund
established
by
the
city
for
deposit
of
bond,
loan,
or
3
note
proceeds,
any
temporary
increase
approved
pursuant
to
4
section
384.12A,
property
taxes
collected
from
a
voted
levy
in
5
section
384.12,
and
property
taxes
levied
under
section
384.12,
6
subsection
18,
are
not
counted
against
the
maximum
amount
of
7
property
tax
dollars
that
may
be
certified
for
a
fiscal
year
8
under
subsection
3.
9
6.
Notwithstanding
the
maximum
amount
of
taxes
a
city
10
may
certify
for
levy,
the
tax
levied
by
a
city
on
tracts
of
11
land
and
improvements
on
the
tracts
of
land
used
and
assessed
12
for
agricultural
or
horticultural
purposes
shall
not
exceed
13
three
dollars
and
three-eighths
cents
per
thousand
dollars
14
of
assessed
value
in
any
year.
Improvements
located
on
such
15
tracts
of
land
and
not
used
for
agricultural
or
horticultural
16
purposes
and
all
residential
dwellings
are
subject
to
the
same
17
rate
of
tax
levied
by
the
city
on
all
other
taxable
property
18
within
the
city.
19
7.
The
department
of
management,
in
consultation
with
the
20
city
finance
committee,
shall
adopt
rules
to
administer
this
21
section.
The
department
shall
prescribe
forms
to
be
used
by
22
cities
when
making
calculations
required
by
this
section.
23
Sec.
41.
NEW
SECTION
.
384.1B
Ending
fund
balance.
24
1.
a.
Budgeted
ending
fund
balances
for
a
budget
year
in
25
excess
of
twenty-five
percent
of
budgeted
expenditures
from
the
26
general
fund
for
that
budget
year
shall
be
explicitly
reserved
27
or
designated
for
a
specific
purpose.
28
b.
A
city
is
encouraged,
but
not
required,
to
reduce
29
budgeted,
unreserved,
or
undesignated
ending
fund
balances
for
30
the
budget
year
to
an
amount
equal
to
approximately
twenty-five
31
percent
of
budgeted
expenditures
and
transfers
from
the
general
32
fund
for
that
budget
year
unless
a
decision
is
certified
by
33
the
state
appeal
board
ordering
a
reduction
in
the
ending
fund
34
balance
of
the
fund.
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c.
In
a
protest
to
the
city
budget
under
section
384.19,
1
the
city
shall
have
the
burden
of
proving
that
the
budgeted
2
balances
in
excess
of
twenty-five
percent
are
reasonably
likely
3
to
be
appropriated
for
the
explicitly
reserved
or
designated
4
specific
purpose.
The
excess
budgeted
balance
for
the
specific
5
purpose
shall
be
considered
an
increase
in
an
item
in
the
6
budget
for
purposes
of
section
24.28.
7
2.
a.
For
a
city
that
has,
as
of
June
30,
2012,
reduced
its
8
ending
fund
balance
to
less
than
twenty-five
percent
of
actual
9
expenditures,
additional
property
taxes
may
be
computed
and
10
levied
as
provided
in
this
subsection.
The
additional
property
11
tax
levy
amount
is
an
amount
not
to
exceed
the
difference
12
between
twenty-five
percent
of
actual
expenditures
for
city
13
government
purposes
for
the
fiscal
year
beginning
July
1,
2011,
14
minus
the
ending
fund
balance
for
that
year.
15
b.
All
or
a
portion
of
additional
property
tax
dollars
16
may
be
levied
for
the
purpose
of
increasing
cash
reserves
for
17
city
government
purposes
in
the
budget
year.
The
additional
18
property
tax
dollars
authorized
under
this
subsection
but
not
19
levied
may
be
carried
forward
as
unused
ending
fund
balance
20
taxing
authority
until
and
for
the
fiscal
year
beginning
21
July
1,
2018.
The
amount
carried
forward
shall
not
exceed
22
twenty-five
percent
of
the
maximum
amount
of
property
tax
23
dollars
available
in
the
current
fiscal
year.
Additionally,
24
property
taxes
that
are
levied
as
unused
ending
fund
balance
25
taxing
authority
under
this
subsection
may
be
the
subject
of
a
26
protest
under
section
384.19,
and
the
amount
will
be
considered
27
an
increase
in
an
item
in
the
budget
for
purposes
of
section
28
24.28.
The
amount
of
additional
property
tax
dollars
levied
29
under
this
subsection
shall
not
be
included
in
the
computation
30
of
the
maximum
amount
of
property
tax
dollars
which
may
be
31
certified
and
levied
under
section
384.1.
32
Sec.
42.
Section
384.12,
subsection
20,
Code
2011,
is
33
amended
by
striking
the
subsection.
34
Sec.
43.
NEW
SECTION
.
384.12A
Authority
to
levy
beyond
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maximum
property
tax
dollars.
1
1.
The
city
council
may
certify
additions
to
the
maximum
2
amount
of
property
tax
dollars
to
be
levied
for
a
period
of
3
time
not
to
exceed
two
years
if
the
proposition
has
been
4
submitted
at
a
special
election
and
received
a
favorable
5
majority
of
the
votes
cast
on
the
proposition.
6
2.
The
special
election
is
subject
to
the
following:
7
a.
The
city
council
must
give
at
least
thirty-two
days’
8
notice
to
the
county
commissioner
of
elections
that
the
special
9
election
is
to
be
held.
In
no
case,
however,
shall
a
notice
be
10
given
to
the
county
commissioner
of
elections
after
December
31
11
for
an
election
on
a
proposition
to
exceed
the
statutory
limits
12
during
the
fiscal
year
beginning
in
the
next
calendar
year.
13
b.
The
special
election
shall
be
conducted
by
the
county
14
commissioner
of
elections
in
accordance
with
law.
15
c.
The
proposition
to
be
submitted
shall
be
substantially
16
in
the
following
form:
17
Vote
“yes”
or
“no”
on
the
following:
Shall
the
city
of
18
_______
levy
for
an
additional
$_______
each
year
for
___
years
19
beginning
next
July
1,
____,
in
excess
of
the
statutory
limits
20
otherwise
applicable
for
the
city
general
fund?
21
d.
The
canvass
shall
be
held
beginning
at
1:00
p.m.
on
22
the
second
day
which
is
not
a
holiday
following
the
special
23
election.
24
e.
Notice
of
the
special
election
shall
be
published
at
25
least
once
in
a
newspaper
as
specified
in
section
362.3
prior
26
to
the
date
of
the
special
election.
The
notice
shall
appear
27
as
early
as
practicable
after
the
city
council
has
voted
to
28
submit
a
proposition
to
the
voters
to
levy
additional
property
29
tax
dollars.
30
3.
The
amount
of
additional
property
tax
dollars
certified
31
under
this
section
shall
not
be
included
in
the
computation
32
of
the
maximum
amount
of
property
tax
dollars
which
may
be
33
certified
and
levied
under
section
384.1.
34
Sec.
44.
Section
384.16,
subsection
1,
paragraph
b,
Code
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2011,
is
amended
to
read
as
follows:
1
b.
A
budget
must
show
comparisons
between
the
estimated
2
expenditures
in
each
program
in
the
following
year,
the
latest
3
estimated
expenditures
in
each
program
in
the
current
year,
4
and
the
actual
expenditures
in
each
program
from
the
annual
5
report
as
provided
in
section
384.22
,
or
as
corrected
by
a
6
subsequent
audit
report.
Wherever
practicable,
as
provided
in
7
rules
of
the
committee,
a
budget
must
show
comparisons
between
8
the
levels
of
service
provided
by
each
program
as
estimated
for
9
the
following
year,
and
actual
levels
of
service
provided
by
10
each
program
during
the
two
preceding
years.
For
each
city
11
that
has
established
an
urban
renewal
area,
the
budget
shall
12
include
estimated
and
actual
tax
increment
financing
revenues
13
and
all
estimated
and
actual
expenditures
of
the
revenues,
14
proceeds
from
debt
and
all
estimated
and
actual
expenditures
of
15
the
debt
proceeds,
and
identification
of
any
entity
receiving
16
a
direct
payment
of
taxes
funded
by
tax
increment
financing
17
revenues
and
shall
include
the
total
amount
of
loans,
advances,
18
indebtedness,
or
bonds
outstanding
at
the
close
of
the
most
19
recently
ended
fiscal
year,
which
qualify
for
payment
from
the
20
special
fund
created
in
section
403.19
,
including
interest
21
negotiated
on
such
loans,
advances,
indebtedness,
or
bonds.
22
The
amount
of
loans,
advances,
indebtedness,
or
bonds
shall
23
be
listed
in
the
aggregate
for
each
city
reporting.
The
city
24
finance
committee,
in
consultation
with
the
department
of
25
management
and
the
legislative
services
agency,
shall
determine
26
reporting
criteria
and
shall
prepare
a
form
for
reports
filed
27
with
the
department
pursuant
to
this
section
.
The
department
28
shall
make
the
information
available
by
electronic
means.
29
Sec.
45.
Section
384.19,
Code
2011,
is
amended
by
adding
the
30
following
new
unnumbered
paragraph:
31
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
a
tax
protest
32
filed
under
this
section,
“item”
means
a
budgeted
expenditure,
33
appropriation,
or
cash
reserve
from
a
fund
for
a
service
area,
34
program,
program
element,
or
purpose.
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Sec.
46.
Section
386.8,
Code
2011,
is
amended
to
read
as
1
follows:
2
386.8
Operation
tax.
3
A
city
may
establish
a
self-supported
improvement
district
4
operation
fund,
and
may
certify
taxes
not
to
exceed
the
5
rate
limitation
as
established
in
the
ordinance
creating
the
6
district,
or
any
amendment
thereto,
each
year
to
be
levied
7
for
the
fund
against
all
of
the
property
in
the
district,
8
for
the
purpose
of
paying
the
administrative
expenses
of
9
the
district,
which
may
include
but
are
not
limited
to
10
administrative
personnel
salaries,
a
separate
administrative
11
office,
planning
costs
including
consultation
fees,
engineering
12
fees,
architectural
fees,
and
legal
fees
and
all
other
expenses
13
reasonably
associated
with
the
administration
of
the
district
14
and
the
fulfilling
of
the
purposes
of
the
district.
The
taxes
15
levied
for
this
fund
may
also
be
used
for
the
purpose
of
paying
16
maintenance
expenses
of
improvements
or
self-liquidating
17
improvements
for
a
specified
length
of
time
with
one
or
more
18
options
to
renew
if
such
is
clearly
stated
in
the
petition
19
which
requests
the
council
to
authorize
construction
of
the
20
improvement
or
self-liquidating
improvement,
whether
or
not
21
such
petition
is
combined
with
the
petition
requesting
creation
22
of
a
district.
Parcels
of
property
which
are
assessed
as
23
residential
property
for
property
tax
purposes
are
exempt
from
24
the
tax
levied
under
this
section
except
residential
properties
25
within
a
duly
designated
historic
district.
A
tax
levied
under
26
this
section
is
not
subject
to
the
levy
limitation
in
section
27
384.1
.
28
Sec.
47.
Section
386.9,
Code
2011,
is
amended
to
read
as
29
follows:
30
386.9
Capital
improvement
tax.
31
A
city
may
establish
a
capital
improvement
fund
for
a
32
district
and
may
certify
taxes,
not
to
exceed
the
rate
33
established
by
the
ordinance
creating
the
district,
or
any
34
subsequent
amendment
thereto,
each
year
to
be
levied
for
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the
fund
against
all
of
the
property
in
the
district,
for
1
the
purpose
of
accumulating
moneys
for
the
financing
or
2
payment
of
a
part
or
all
of
the
costs
of
any
improvement
or
3
self-liquidating
improvement.
However,
parcels
of
property
4
which
are
assessed
as
residential
property
for
property
tax
5
purposes
are
exempt
from
the
tax
levied
under
this
section
6
except
residential
properties
within
a
duly
designated
historic
7
district.
A
tax
levied
under
this
section
is
not
subject
to
8
the
levy
limitations
in
section
384.1
or
384.7
.
9
Sec.
48.
REPEAL.
Sections
331.425
and
331.426,
Code
2011,
10
are
repealed.
11
Sec.
49.
APPLICABILITY.
This
division
of
this
Act
applies
12
to
fiscal
years
beginning
on
or
after
July
1,
2013.
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