House File 718 - Reprinted HOUSE FILE 718 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 1) (As Amended and Passed by the House April 19, 2023 ) A BILL FOR An Act relating to local government funding by modifying school 1 district funding provisions, property tax calculation 2 provisions, local government budgeting and bonding 3 procedures, making transfers, and including effective date 4 and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 718 (3) 90 md/jh/md
H.F. 718 DIVISION I 1 SCHOOL FOUNDATION PROPERTY TAX 2 Section 1. Section 8.57E, subsection 2, Code 2023, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . c. For the fiscal year beginning July 1, 5 2023, and each fiscal year thereafter, there is transferred 6 from the taxpayer relief fund to the general fund of the state 7 the lesser of the balance of the taxpayer relief fund and an 8 amount equal to the quotient of the assessed value of all 9 taxable property in the state subject to the property tax levy 10 under section 257.3 divided by one thousand dollars, to be 11 used for the payment of increased foundation aid under section 12 257.16 resulting from the reduction of the property tax levy 13 rate under section 257.3 in this Act. 14 Sec. 2. Section 257.3, subsection 1, paragraph a, Code 2023, 15 is amended to read as follows: 16 a. Except as provided in subsections 2 and 3 , a school 17 district shall cause to be levied each year, for the school 18 general fund, a foundation property tax equal to five four 19 dollars and forty cents per thousand dollars of assessed 20 valuation on all taxable property in the district. The county 21 auditor shall spread the foundation levy over all taxable 22 property in the district. 23 Sec. 3. Section 257.3, subsection 2, paragraphs a and b, 24 Code 2023, are amended to read as follows: 25 a. Notwithstanding subsection 1 , a reorganized school 26 district shall cause a foundation property tax of four three 27 dollars and forty cents per thousand dollars of assessed 28 valuation to be levied on all taxable property which, in the 29 year preceding a reorganization, was within a school district 30 affected by the reorganization as defined in section 275.1 , 31 or in the year preceding a dissolution was a part of a school 32 district that dissolved if the dissolution proposal has 33 been approved by the director of the department of education 34 pursuant to section 275.55 . 35 -1- HF 718 (3) 90 md/jh/md 1/ 30
H.F. 718 b. In succeeding school years, the foundation property tax 1 levy on that portion shall be increased to the rate of four 2 three dollars and ninety cents per thousand dollars of assessed 3 valuation the first succeeding year, five four dollars and 4 fifteen cents per thousand dollars of assessed valuation the 5 second succeeding year, and five four dollars and forty cents 6 per thousand dollars of assessed valuation the third succeeding 7 year and each year thereafter. 8 Sec. 4. Section 425A.3, subsection 1, Code 2023, is amended 9 to read as follows: 10 1. The family farm tax credit fund shall be apportioned 11 each year in the manner provided in this chapter so as to give 12 a credit against the tax on each eligible tract of agricultural 13 land within the several school districts of the state in which 14 the levy for the general school fund exceeds five dollars and 15 forty cents per thousand dollars of assessed value the levy 16 rate under section 257.3, subsection 1, paragraph “a” . The 17 amount of the credit on each eligible tract of agricultural 18 land shall be the amount the tax levied for the general school 19 fund exceeds the amount of tax which would be levied on each 20 eligible tract of agricultural land were the levy for the 21 general school fund five dollars and forty cents per thousand 22 dollars of assessed value the levy rate under section 257.3, 23 subsection 1, paragraph “a” , for the previous year. However, 24 in the case of a deficiency in the family farm tax credit fund 25 to pay the credits in full, the credit on each eligible tract 26 of agricultural land in the state shall be proportionate and 27 applied as provided in this chapter . 28 Sec. 5. Section 425A.5, Code 2023, is amended to read as 29 follows: 30 425A.5 Computation by county auditor. 31 The family farm tax credit allowed each year shall be 32 computed as follows: On or before April 1, the county auditor 33 shall list by school districts all tracts of agricultural 34 land which are entitled to credit, the taxable value for the 35 -2- HF 718 (3) 90 md/jh/md 2/ 30
H.F. 718 previous year, the budget from each school district for the 1 previous year, and the tax rate determined for the general 2 fund of the school district in the manner prescribed in 3 section 444.3 for the previous year, and if the tax rate is in 4 excess of five dollars and forty cents per thousand dollars of 5 assessed value the levy rate under section 257.3, subsection 6 1, paragraph “a” , the auditor shall multiply the tax levy which 7 is in excess of five dollars and forty cents per thousand 8 dollars of assessed value the levy rate under section 257.3, 9 subsection 1, paragraph “a” , by the total taxable value of the 10 agricultural land entitled to credit in the school district, 11 and on or before April 1, certify the total amount of credit 12 and the total number of acres entitled to the credit to the 13 department of revenue. 14 Sec. 6. Section 426.3, Code 2023, is amended to read as 15 follows: 16 426.3 Where credit given. 17 The agricultural land credit fund shall be apportioned each 18 year in the manner hereinafter provided so as to give a credit 19 against the tax on each tract of agricultural lands within the 20 several school districts of the state in which the levy for 21 the general school fund exceeds five dollars and forty cents 22 per thousand dollars of assessed value the levy rate under 23 section 257.3, subsection 1, paragraph “a” ; the amount of such 24 credit on each tract of such lands shall be the amount the tax 25 levied for the general school fund exceeds the amount of tax 26 which would be levied on said tract of such lands were the 27 levy for the general school fund five dollars and forty cents 28 per thousand dollars of assessed value the levy rate under 29 section 257.3, subsection 1, paragraph “a” , for the previous 30 year, except in the case of a deficiency in the agricultural 31 land credit fund to pay said credits in full, in which case the 32 credit on each eligible tract of such lands in the state shall 33 be proportionate and shall be applied as hereinafter provided. 34 Sec. 7. Section 426.6, subsection 1, Code 2023, is amended 35 -3- HF 718 (3) 90 md/jh/md 3/ 30
H.F. 718 to read as follows: 1 1. The agricultural land tax credit allowed each year 2 shall be computed as follows: On or before April 1, the 3 county auditor shall list by school districts all tracts of 4 agricultural lands which are entitled to credit, together with 5 the taxable value for the previous year, together with the 6 budget from each school district for the previous year, and the 7 tax rate determined for the general fund of the district in 8 the manner prescribed in section 444.3 for the previous year, 9 and if such tax rate is in excess of five dollars and forty 10 cents per thousand dollars of assessed value the levy rate 11 under section 257.3, subsection 1, paragraph “a” , the auditor 12 shall multiply the tax levy which is in excess of five dollars 13 and forty cents per thousand dollars of assessed value the 14 levy rate under section 257.3, subsection 1, paragraph “a” , by 15 the total taxable value of the agricultural lands entitled to 16 credit in the district, and on or before April 1, certify the 17 amount to the department of revenue. 18 Sec. 8. ADJUSTMENT OF CALCULATIONS. For property tax 19 credits under chapters 425A and 426 for property taxes due and 20 payable in the fiscal year beginning July 1, 2023, the tax rate 21 determined for the general fund of the school district in the 22 manner prescribed in section 444.3 for the previous year shall 23 be determined using the applicable property tax levy rate under 24 section 257.3, as amended in this division of this Act. 25 Sec. 9. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 Sec. 10. APPLICABILITY. The following apply July 1, 2023, 28 for school budget years beginning on or after that date: 29 1. The section of this division of this Act amending section 30 257.3, subsection 1, paragraph “a”. 31 2. The section of this division of this Act amending section 32 257.3, subsection 2, paragraphs “a” and “b”. 33 DIVISION II 34 PROPERTY TAX LIMITATION 35 -4- HF 718 (3) 90 md/jh/md 4/ 30
H.F. 718 Sec. 11. Section 443.2, subsection 1, Code 2023, is amended 1 to read as follows: 2 1. Before the first day of July in each year, the county 3 auditor shall transcribe the assessments of the townships and 4 cities into a book or record, to be known as the tax list, 5 properly ruled and headed, with separate columns, in which 6 shall be entered the names of the taxpayers, descriptions of 7 lands, number of acres and value, numbers of city lots and 8 value, and each description of tax, with a column for polls and 9 one for payments, and shall complete it by entering the amount 10 due on each installment, separately, and carrying out the total 11 of both installments. The total of all columns of each page of 12 each book or other record shall balance with the tax totals. 13 After computing the amount of tax due and payable on each 14 property, the county auditor shall round the total amount of 15 tax due and payable on the property to the nearest even whole 16 dollar and, if applicable, reduce the amounts due and payable 17 as required under section 444.25 . 18 Sec. 12. Section 444.1, Code 2023, is amended to read as 19 follows: 20 444.1 Basis for amount of tax. 21 In all taxing districts in the state, including townships, 22 school districts, cities , and counties, when by law then 23 existing the people are authorized to determine by vote, or 24 officers are authorized to estimate or determine, a rate of 25 taxation required for any public purpose, such rate shall in 26 all cases be estimated and based upon the adjusted taxable 27 valuation of such taxing district for the preceding calendar 28 year and subject to the limitation of section 444.25 . 29 Sec. 13. Section 444.2, Code 2023, is amended to read as 30 follows: 31 444.2 Amounts certified in dollars. 32 When an authorized tax rate within a taxing district, 33 including townships, school districts, cities , and counties, 34 has been thus determined as provided by law, the officer or 35 -5- HF 718 (3) 90 md/jh/md 5/ 30
H.F. 718 officers charged with the duty of certifying the authorized 1 rate to the county auditor or board of supervisors shall, 2 before certifying the rate, compute upon the adjusted taxable 3 valuation of the taxing district for the preceding fiscal year, 4 the amount of tax the rate will raise, stated in dollars, 5 subject to the limitation of section 444.25, and shall certify 6 the computed amount in dollars and not by rate, to the county 7 auditor and board of supervisors. 8 Sec. 14. Section 444.3, Code 2023, is amended to read as 9 follows: 10 444.3 Computation of rate. 11 When the valuations for the several taxing districts shall 12 have been adjusted by the several boards for the current 13 year, the county auditor shall thereupon apply such a rate, 14 not exceeding the rate authorized by law, as will raise the 15 amount required for such taxing district, and no larger amount , 16 subject to the limitation under section 444.25 . For purposes 17 of computing the rate under this section , the adjusted taxable 18 valuation of the property of a taxing district does not include 19 the valuation of property of a railway corporation or its 20 trustee which corporation has been declared bankrupt or is in 21 bankruptcy proceedings. Nothing in the preceding sentence 22 exempts the property of such railway corporation or its trustee 23 from taxation and the rate computed under this section shall 24 be levied on the taxable property of such railway corporation 25 or its trustee. 26 Sec. 15. Section 444.22, Code 2023, is amended to read as 27 follows: 28 444.22 Annual levy. 29 In each year the director of revenue shall fix the rate in 30 percentage to be levied upon the assessed valuation of the 31 taxable property of the state necessary to raise the amount for 32 general state purposes as shall be designated by the department 33 of management , subject to the limitation under section 444.25 . 34 Sec. 16. NEW SECTION . 444.25 Property tax amount limitation 35 -6- HF 718 (3) 90 md/jh/md 6/ 30
H.F. 718 —— reduction. 1 1. For purposes of this section: 2 a. “Base year” means the assessment year preceding the 3 assessment year used to calculate property taxes due and 4 payable in the applicable fiscal year. 5 b. “Local taxing authority” means a city, county, community 6 college, school district, or other governmental subdivision 7 located in this state and authorized to certify a levy on 8 property located within such authority. 9 c. “New construction” means buildings, structures, or 10 improvements constructed or relocated on or made to the parcel. 11 d. “Parcel” means each separate item shown on the tax list, 12 manufactured or mobile home tax list, schedule of assessment, 13 or schedule of rate or charge. 14 e. “Property taxes” means annual ad valorem taxes imposed 15 on the parcel which are collectable by the county treasurer 16 following application of all applicable exemptions and credits, 17 and shall not include special assessments, amounts levied under 18 chapter 468, or taxes under chapter 435. “Property taxes” also 19 do not include taxes levied as the result of a property tax 20 levy approved at election or that portion of any property tax 21 levy imposed that is for the payment of principal and interest 22 on bonds or other indebtedness the issuance of which was 23 approved at election, including refunding bonds issued for the 24 repayment of bonds that were approved at election. 25 f. “Qualified parcel” means a parcel that is not located 26 in an urban renewal area under chapter 403 or an urban 27 revitalization area under chapter 404, is not wind energy 28 conversion property as defined in section 427B.26, and for 29 which none of the following apply: 30 (1) The parcel changed ownership during the base year. 31 (2) New construction occurred on the parcel during the base 32 year. 33 (3) The parcel’s assessment for the base year was a partial 34 assessment as the result of incomplete new construction or 35 -7- HF 718 (3) 90 md/jh/md 7/ 30
H.F. 718 improvements. 1 (4) The parcel was omitted from assessment or fraudulently 2 withheld from assessment in the base year. 3 (5) The parcel’s property taxes were suspended or abated 4 under sections 427.8, 427.9, and 427.10. 5 (6) The parcel’s classification is different from the base 6 year. 7 2. a. For property taxes due and payable in fiscal years 8 beginning on or after July 1, 2024, if the amount of property 9 taxes otherwise calculated to be due and payable on a qualified 10 parcel of residential property or agricultural property 11 exceeds one hundred three percent of the actual amount of 12 property taxes due and payable on the parcel in the immediately 13 preceding fiscal year, such amount shall be reduced as provided 14 in subsection 3. If, however, improvements or renovations, not 15 amounting to new construction, occurs on the property during 16 the base year, the threshold amount of property taxes shall be 17 one hundred three percent plus the percentage of the parcel’s 18 taxable value attributable to the improvements or renovations. 19 Improvements or renovations do not include normal and necessary 20 repairs to an existing building or improvement, not amounting 21 to structural replacements or modifications. 22 b. For property taxes due and payable in fiscal years 23 beginning on or after July 1, 2024, if the amount of property 24 taxes otherwise calculated to be due and payable on a qualified 25 parcel of commercial property or industrial property exceeds 26 one hundred eight percent of the actual amount of property 27 taxes due and payable on the parcel in the immediately 28 preceding fiscal year, such amount shall be reduced as provided 29 in subsection 3. If, however, improvements or renovations, not 30 amounting to new construction, occurs on the property during 31 the base year, the threshold amount of property taxes shall be 32 one hundred eight percent plus the percentage of the parcel’s 33 taxable value attributable to the improvements or renovations. 34 Improvements or renovations do not include normal and necessary 35 -8- HF 718 (3) 90 md/jh/md 8/ 30
H.F. 718 repairs to an existing building or improvement, not amounting 1 to structural replacements or modifications. 2 c. Property taxes levied by a political subdivision that did 3 not exist for the immediately preceding fiscal year shall not 4 be included in the calculation of the property tax to be due 5 and payable for the fiscal year and shall not be reduced under 6 subsection 3. 7 3. a. If the total amount of property taxes due and 8 payable on the parcel exceeds the applicable threshold for 9 the parcel under subsection 2, the amount of property taxes 10 due and payable to each taxing authority that certified for 11 levy property taxes on the parcel in excess of the applicable 12 threshold percentage of such amount levied by that taxing 13 authority on the parcel in the immediately preceding fiscal 14 year shall be reduced by the amount by which the parcel’s 15 total amount of property taxes due and payable for all taxing 16 authorities exceeds the applicable threshold for the parcel 17 under subsection 2. 18 b. The amount of the reduction shall be proportionately 19 applied among the various levies for property taxes, or 20 portions thereof, of those taxing authorities that certified 21 for levy property taxes on the parcel in excess of the 22 applicable threshold percentage of such amount levied by that 23 taxing authority on the parcel in the immediately preceding 24 fiscal year. 25 c. The reductions shall be made by the county auditor prior 26 to delivery of the tax list prescribed in chapter 443 to ensure 27 accurate statement of taxes under section 445.5. 28 4. The director of the department of revenue shall adopt 29 rules pursuant to chapter 17A to administer and interpret this 30 section. 31 Sec. 17. Section 445.5, subsection 1, paragraphs e, f, g, 32 and h, Code 2023, are amended to read as follows: 33 e. The complete name of all taxing authorities receiving a 34 tax distribution, the amount of the distribution, the amount of 35 -9- HF 718 (3) 90 md/jh/md 9/ 30
H.F. 718 any reduction resulting from section 444.25, and the percentage 1 distribution for each named authority, listed from the highest 2 to the lowest distribution percentage. 3 f. The consolidated levy rate for one thousand dollars 4 of taxable valuation multiplied by the taxable valuation to 5 produce the gross taxes levied before application of credits 6 against levied taxes for the previous and current fiscal years 7 and before any reduction resulting from section 444.25 . 8 g. The itemized credits against levied taxes deducted from 9 the gross taxes levied in order to produce the net taxes owed 10 for the previous and current fiscal years and the amount of any 11 reductions under section 444.25 for previous and current fiscal 12 years . 13 h. The total amount of taxes levied by each taxing authority 14 in the previous fiscal year and the current fiscal year and the 15 difference between the two amounts, expressed as a percentage 16 increase or decrease , and the amount of any reduction to a 17 taxing authority resulting from section 444.25 . 18 Sec. 18. Section 445.57, subsection 1, Code 2023, is amended 19 to read as follows: 20 1. On or before the tenth day of each month, the county 21 treasurer shall apportion all taxes collected during the 22 preceding month, except partial payment amounts collected 23 pursuant to section 445.36A, subsection 1 , partial payments 24 collected and not yet designated by the county treasurer 25 for apportionment pursuant to section 445.36A, subsection 26 2 , partial payments collected pursuant to section 435.24, 27 subsection 6 , paragraph “a” , and partial payments collected and 28 not yet designated by the county treasurer for apportionment 29 pursuant to section 435.24, subsection 6 , paragraph “b” , among 30 the several funds to which they belong according to the amount 31 levied for each fund, as adjusted under section 444.25, if 32 applicable, and shall apportion the interest, fees, and costs 33 on the taxes to the general fund, and shall enter those amounts 34 upon the treasurer’s cash account, and report the amounts to 35 -10- HF 718 (3) 90 md/jh/md 10/ 30
H.F. 718 the county auditor. 1 Sec. 19. IMPLEMENTATION OF ACT. 2 1. Section 25B.2, subsection 3, shall not apply to this 3 division of this Act. 4 2. Section 25B.7 shall not apply to this division of this 5 Act. 6 Sec. 20. APPLICABILITY. This division of this Act applies 7 to property taxes due and payable in fiscal years beginning on 8 or after July 1, 2024. 9 DIVISION III 10 LOCAL GOVERNMENT BUDGETS 11 Sec. 21. Section 24.9, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. a. Each municipality shall file with the secretary or 14 clerk thereof the estimates required to be made in sections 15 24.3 through 24.8 , at least twenty days before the date fixed 16 by law for certifying the same to the levying board and shall 17 forthwith fix a date for a hearing on the estimates, and 18 shall publish such estimates and any annual levies previously 19 authorized as provided in section 76.2 , with a notice of the 20 time when and the place where such hearing shall be held not 21 less than ten nor more than twenty days before the hearing. 22 Provided that in municipalities of less than two hundred 23 population such estimates and the notice of hearing shall 24 be posted in three public places in the district in lieu of 25 publication. For any other municipality such publication 26 shall be in a newspaper published in the municipality, if any, 27 if not, then in a newspaper of general circulation in the 28 municipality. Except for a municipality with property tax 29 revenues for the immediately preceding fiscal year of less 30 than five thousand dollars, the notice shall also include the 31 information required under paragraph “c” , subparagraph (2), 32 subparagraph divisions (a) through (d), which shall be adopted 33 by resolution of the municipality. 34 b. The department of management shall prescribe the form for 35 -11- HF 718 (3) 90 md/jh/md 11/ 30
H.F. 718 public hearing notices for use by municipalities and notices 1 required to be sent under paragraph “c” . 2 c. (1) For purposes of this paragraph: 3 (a) “Budget year” is the fiscal year beginning during the 4 calendar year in which a budget is certified. 5 (b) “Current fiscal year” is the fiscal year ending during 6 the calendar year in which a budget for the budget year is 7 certified. 8 (c) “Effective property tax rate” means the property tax 9 rate per one thousand dollars of assessed value and is equal to 10 one thousand multiplied by the quotient of the current fiscal 11 year’s actual property tax dollars certified for levy divided 12 by the total assessed value used to calculate taxes for the 13 budget year. 14 (2) In addition to the notices published and posted 15 under paragraph “a” , the municipality shall direct the 16 county treasurer to send to each owner or taxpayer within 17 the municipality by regular mail, on or before the date of 18 publication under paragraph “a” , and pursuant to section 19 331.553, subsection 9, an individual notice containing all of 20 the following: 21 (a) The sum of the current fiscal year’s actual property 22 taxes certified for levy by the municipality and the 23 municipality’s current fiscal year’s combined property tax rate 24 for such amount. 25 (b) The effective property tax rate calculated using the sum 26 of the current fiscal year’s actual property taxes certified by 27 the municipality. 28 (c) The sum of the proposed property tax dollars to be 29 certified for levy by the municipality for the budget year and 30 the proposed combined property tax rate for such amount. 31 (d) If the proposed property tax dollars specified under 32 subparagraph division (c) exceeds the current fiscal year’s 33 actual property tax dollars certified for levy specified in 34 subparagraph division (a), a statement of the major reasons for 35 -12- HF 718 (3) 90 md/jh/md 12/ 30
H.F. 718 the increase. 1 (e) The assessed value of the owner’s or taxpayer’s property 2 used to calculate property taxes for the current fiscal year. 3 (f) The assessed value of the owner’s or taxpayer’s property 4 used to calculate property taxes for the budget year. 5 (g) The amount of property taxes due on the owner’s or 6 taxpayer’s property for the current fiscal year for the 7 municipality. 8 (h) The proposed amount of property taxes to be levied 9 against the owner’s or taxpayer’s property for the budget year 10 for the municipality. 11 (3) This paragraph does not apply to municipalities with 12 property tax revenues for the immediately preceding fiscal year 13 of less than five thousand dollars. 14 Sec. 22. Section 24.17, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. The local budgets of the various political subdivisions 17 shall be certified by the chairperson of the certifying 18 board or levying board, as the case may be, in duplicate to 19 the county auditor not later than March April 15 of each 20 year on forms, and pursuant to instructions, prescribed by 21 the department of management. However, if the political 22 subdivision is a county or a city, its budget shall be 23 certified not later than March 31 of each year, and if the 24 political subdivision is a school district, as defined in 25 section 257.2 , its budget shall be certified not later than 26 April 15 of each year. 27 Sec. 23. Section 24.27, subsection 1, Code 2023, is amended 28 to read as follows: 29 1. Not later than March 25, or April 10 for a county or a 30 city, or April 25 if the municipality is a school district , a 31 number of persons in any municipality political subdivision 32 equal to one-fourth of one percent of those voting for the 33 office of governor, at the last general election in the 34 municipality political subdivision , but the number shall not be 35 -13- HF 718 (3) 90 md/jh/md 13/ 30
H.F. 718 less than ten, and the number need not be more than one hundred 1 persons, who are affected by any proposed budget, expenditure 2 or tax levy, or by any item thereof, may appeal from any 3 decision of the certifying board or the levying board by filing 4 with the county auditor of the county in which the municipal 5 corporation political subdivision is located, a written protest 6 setting forth their objections to the budget, expenditure or 7 tax levy, or to one or more items thereof, and the grounds for 8 their objections. If a budget is certified after March 15, 9 or March 31 in the case of a county or a city, or April 15 in 10 the case of a school district , all appeal time limits shall be 11 extended to correspond to allowances for a timely filing. 12 Sec. 24. Section 24.28, Code 2023, is amended to read as 13 follows: 14 24.28 Hearing on protest. 15 The state board, within a reasonable time, shall fix a date 16 for an initial hearing on the protest and may designate a 17 deputy to hold the hearing, which shall be held in the county 18 or in one of the counties in which the municipality political 19 subdivision is located. Notice of the time and place of the 20 hearing shall be given by certified mail to the appropriate 21 officials of the local government and to the first ten property 22 owners whose names appear upon the protest, at least five 23 days before the date fixed for the hearing. At all hearings, 24 the burden shall be upon the objectors with reference to any 25 proposed item in the budget which was included in the budget 26 of the previous year and which the objectors propose should 27 be reduced or excluded; but the burden shall be upon the 28 certifying board or the levying board, as the case may be, 29 to show that any new item in the budget, or any increase in 30 any item in the budget, is necessary, reasonable, and in the 31 interest of the public welfare. 32 Sec. 25. Section 24.48, subsection 4, Code 2023, is amended 33 to read as follows: 34 4. The city finance committee shall have officially 35 -14- HF 718 (3) 90 md/jh/md 14/ 30
H.F. 718 notified any city of its approval, modification or rejection 1 of the city’s appeal of the decision of the director of the 2 department of management regarding a city’s request for a 3 suspension of the statutory property tax levy limitation prior 4 to thirty-five days before March 31 April 15 . 5 Sec. 26. Section 331.422, unnumbered paragraph 1, Code 6 2023, is amended to read as follows: 7 Subject to this section and sections 331.423 through 331.426 8 or as otherwise provided by state law, the board of each county 9 shall certify property taxes annually at its March April 10 session to be levied for county purposes as follows: 11 Sec. 27. Section 331.433A, subsection 4, paragraph b, Code 12 2023, is amended to read as follows: 13 b. Proof of publication shall be filed with and preserved 14 by the auditor. The department of management shall prescribe 15 the form for the public hearing notice for use by counties , the 16 form for individual notices provided under paragraph “c” , and 17 the form for the resolution to be adopted by the board under 18 subsection 5 . 19 Sec. 28. Section 331.433A, subsection 4, Code 2023, is 20 amended by adding the following new paragraph: 21 NEW PARAGRAPH . c. In addition to the notices published 22 and posted under paragraph “a” , the county shall direct the 23 county treasurer to send to each owner or taxpayer by regular 24 mail, on or before the date of publication under paragraph “a” , 25 and pursuant to section 331.553, subsection 9, an individual 26 notice containing the information required under paragraph “a” , 27 subparagraphs (1) through (4), and all of the following: 28 (1) The assessed value of the owner’s or taxpayer’s property 29 used to calculate property taxes for the current fiscal year. 30 (2) The assessed value of the owner’s or taxpayer’s property 31 used to calculate property taxes for the budget year. 32 (3) The amount of property taxes due on the owner’s or 33 taxpayer’s property for the current fiscal year for general 34 county services and rural county services under the levies 35 -15- HF 718 (3) 90 md/jh/md 15/ 30
H.F. 718 specified in subsection 2, paragraphs “a” and “b” . 1 (4) The proposed amount of property taxes to be levied 2 against the owner’s or taxpayer’s property for the budget year 3 for general county services and rural county services under the 4 levies specified in subsection 2, paragraphs “a” and “b” . 5 Sec. 29. Section 331.433A, subsection 5, paragraph a, Code 6 2023, is amended to read as follows: 7 a. At the public hearing, the board shall receive oral 8 or written objections from any resident or property owner 9 of the county. After all objections have been received and 10 considered, the board may decrease, but not increase, the 11 proposed maximum property tax dollar amounts for inclusion in 12 the resolution and shall adopt the resolution and file the 13 resolution with the auditor as required under section 331.434, 14 subsection 3 . In addition to the proposed maximum property tax 15 dollar amounts for general county services and rural county 16 services, the resolution shall also include the effective 17 property tax rate for general county services, the effective 18 property tax rate for rural county services, the estimated 19 property tax rate for the proposed general county services 20 maximum property tax dollar amount, and the estimated property 21 tax rate for the proposed rural county services maximum 22 property tax dollar amount. 23 Sec. 30. Section 331.434, subsection 7, Code 2023, is 24 amended to read as follows: 25 7. Taxes levied by a county whose budget is certified after 26 March 31 April 15 shall be limited to the prior year’s budget 27 amount. However, this penalty may be waived by the director 28 of the department of management if the county demonstrates 29 that the March 31 deadline was missed because of circumstances 30 beyond the control of the county. 31 Sec. 31. Section 331.436, Code 2023, is amended to read as 32 follows: 33 331.436 Protest. 34 Protests to the adopted budget must be made in accordance 35 -16- HF 718 (3) 90 md/jh/md 16/ 30
H.F. 718 with sections 24.27 through 24.32 as if the county were the 1 municipality under those sections except that the protest must 2 be filed no later than April 10 25 and the number of people 3 necessary to file a protest under this section shall not be 4 less than one hundred. 5 Sec. 32. Section 331.553, Code 2023, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 9. Consolidate all required individual 8 notices required under section 24.9, subsection 1, paragraph 9 “c” , subparagraph (2), section 331.433A, subsection 4, 10 paragraph “c” , section 359.49, subsection 4, paragraph “b” , 11 subparagraph (2), and section 384.15A, subsection 4, paragraph 12 “c” , so that all applicable notices appear on a single 13 individual notice for each owner or taxpayer. 14 Sec. 33. Section 358.18, subsection 2, Code 2023, is amended 15 to read as follows: 16 2. All taxes thus levied by the board shall be certified by 17 the clerk on or before March 1 April 15 to the county auditor 18 of each county wherein any of the property included within 19 the territorial limits of the sanitary district is located, 20 and shall be placed upon the tax list for the current fiscal 21 year by the auditor or auditors. The county treasurer, or 22 treasurers, of more than one county, shall collect all taxes so 23 levied in the same manner as other taxes, and when delinquent 24 the taxes shall draw the same interest. All taxes levied and 25 collected shall be paid over by the officer collecting the 26 taxes to the treasurer of the sanitary district. 27 Sec. 34. Section 358C.14, subsection 2, Code 2023, is 28 amended to read as follows: 29 2. All taxes thus levied by the board shall be certified by 30 the clerk on or before March 1 April 15 to the county auditor 31 of each county in which any of the property included within 32 the territorial limits of the district is located, and shall 33 be placed upon the tax list for the current fiscal year by the 34 auditor. The county treasurer of more than one county shall 35 -17- HF 718 (3) 90 md/jh/md 17/ 30
H.F. 718 collect all taxes so levied in the same manner as other taxes, 1 and when delinquent the taxes shall draw the same interest. 2 All taxes levied and collected shall be paid over by the 3 officer collecting the taxes to the treasurer of the district. 4 Sec. 35. Section 359.49, subsection 4, Code 2023, is amended 5 to read as follows: 6 4. a. The board of trustees shall transmit a copy of the 7 proposed budget and a notice of the meeting set as required by 8 subsection 5 to the county auditor for posting. The county 9 auditor shall post the notice and the proposed budget in an 10 area of the courthouse where notices to the public are commonly 11 posted. The notice shall also include the information required 12 under paragraph “b” , subparagraph (2), subparagraph divisions 13 (a) through (d), which shall be adopted by resolution of the 14 board of trustees. 15 b. (1) For purposes of this paragraph: 16 (a) “Budget year” is the fiscal year beginning during the 17 calendar year in which a budget is certified. 18 (b) “Current fiscal year” is the fiscal year ending during 19 the calendar year in which a budget for the budget year is 20 certified. 21 (c) “Effective property tax rate” means the property tax 22 rate per one thousand dollars of assessed value and is equal to 23 one thousand multiplied by the quotient of the current fiscal 24 year’s actual property tax dollars certified for levy divided 25 by the total assessed value used to calculate taxes for the 26 budget year. 27 (2) In addition to the notices published and posted under 28 paragraph “a” , the township shall direct the county treasurer to 29 send to each owner or taxpayer within the township by regular 30 mail, on or before the date of posting under paragraph “a” , and 31 pursuant to section 331.553, subsection 9, an individual notice 32 containing all of the following: 33 (a) The sum of the current fiscal year’s actual property 34 taxes certified for levy by the township and the township’s 35 -18- HF 718 (3) 90 md/jh/md 18/ 30
H.F. 718 current fiscal year’s combined property tax rate for such 1 amount. 2 (b) The effective property tax rate calculated using the sum 3 of the current fiscal year’s actual property taxes certified by 4 the township. 5 (c) The sum of the proposed property tax dollars to be 6 certified for levy by the township for the budget year and the 7 proposed combined property tax rate for such amount. 8 (d) If the proposed property tax dollars specified under 9 subparagraph division (c) exceed the current fiscal year’s 10 actual property tax dollars certified for levy specified in 11 subparagraph division (a), a statement of the major reasons for 12 the increase. 13 (e) The assessed value of the owner’s or taxpayer’s property 14 used to calculate property taxes for the current fiscal year. 15 (f) The assessed value of the owner’s or taxpayer’s property 16 used to calculate property taxes for the budget year. 17 (g) The amount of property taxes due on the owner’s or 18 taxpayer’s property for the current fiscal year for the 19 township. 20 (h) The proposed amount of property taxes to be levied 21 against the owner’s or taxpayer’s property for the budget year 22 for the township. 23 Sec. 36. Section 359.49, subsections 7 and 9, Code 2023, are 24 amended to read as follows: 25 7. After the meeting on the proposed budget, the board of 26 trustees shall adopt by resolution a budget for at least the 27 next fiscal year, and the clerk shall certify the necessary 28 tax levy for the next fiscal year to the county auditor and 29 the county board of supervisors by March April 15. The tax 30 levy certified may be less than but shall not be more than 31 the amount estimated in the proposed budget submitted at the 32 meeting. Two copies each of the detailed budget as adopted and 33 of the certified tax levy must be transmitted to the county 34 auditor by March April 15. 35 -19- HF 718 (3) 90 md/jh/md 19/ 30
H.F. 718 9. Taxes from a township levy shall be collected but not 1 disbursed by the county to a township until copies of the 2 township budget are transmitted to the county auditor as 3 required in subsection 7 . If a township fails to certify 4 property taxes by March April 15, the amount of taxes collected 5 by the county for the township shall be the amount collected 6 for the township in the previous fiscal year to the extent that 7 it does not exceed the applicable levy rate limits in this 8 chapter . However, that amount may not exceed the amount the 9 township could collect based on property assessments for the 10 fiscal year for which the township failed to certify property 11 taxes. 12 Sec. 37. Section 384.2, subsection 1, Code 2023, is amended 13 to read as follows: 14 1. Except as otherwise provided for special charter cities, 15 a city’s fiscal year shall be as provided in section 24.2, 16 subsection 3 . All city property taxes must be certified by 17 a city to the county auditor on or before March 31 April 18 15 of each year, unless otherwise provided by state law. 19 However, municipal utilities, if not supported by taxation 20 or the proceeds of outstanding indebtedness payable from 21 taxes may, with the council’s consent, choose to operate on a 22 fiscal year which is the calendar year. The receipt by the 23 utility of payments from other governmental funds for public 24 fire protection, street lighting, or other public use of the 25 utility’s services shall not be deemed support by taxation. 26 After notice and hearing in the same manner as required for the 27 city’s regular budget under section 384.16 , the utility budget 28 must be approved by resolution of the council not later than 29 twenty days prior to the beginning of the calendar year for 30 which the budget applies. 31 Sec. 38. Section 384.15A, subsection 4, paragraph b, Code 32 2023, is amended to read as follows: 33 b. Proof of publication shall be filed with and preserved 34 by the county auditor. The department of management shall 35 -20- HF 718 (3) 90 md/jh/md 20/ 30
H.F. 718 prescribe the form for the public hearing notice for use 1 by cities , the form for individual notices provided under 2 paragraph “c” , and the form for the resolution to be adopted by 3 the council under subsection 5 . 4 Sec. 39. Section 384.15A, subsection 4, Code 2023, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. In addition to the notices published and 7 posted under paragraph “a” , the city shall direct the county 8 treasurer to send to each owner or taxpayer by regular mail, 9 on or before the date of publication under paragraph “a” , 10 and pursuant to section 330.553, subsection 9, an individual 11 notice containing the information required under paragraph “a” , 12 subparagraphs (1) through (4), and all of the following: 13 (1) The assessed value of the owner’s or taxpayer’s property 14 used to calculate property taxes for the current fiscal year. 15 (2) The assessed value of the owner’s or taxpayer’s property 16 used to calculate property taxes for the budget year. 17 (3) The amount of property taxes due on the owner’s or 18 taxpayer’s property for the current fiscal year for the city 19 under the levies specified in subsection 2. 20 (4) The proposed amount of property taxes to be levied 21 against the owner’s or taxpayer’s property for the budget year 22 for the city under the levies specified in subsection 2. 23 Sec. 40. Section 384.15A, subsection 5, paragraph a, Code 24 2023, is amended to read as follows: 25 a. At the public hearing, the council shall receive oral 26 or written objections from any resident or property owner 27 of the city. After all objections have been received and 28 considered, the council may decrease, but not increase, the 29 proposed maximum property tax dollar amount for inclusion in 30 the resolution and shall adopt the resolution and file the 31 resolution with the county auditor as required under section 32 384.16, subsection 3 . In addition to the proposed maximum 33 property tax dollar amount, the resolution shall also include 34 the effective property tax rate, and the estimated property tax 35 -21- HF 718 (3) 90 md/jh/md 21/ 30
H.F. 718 rate for the proposed maximum property tax dollar amount. 1 Sec. 41. Section 384.16, subsection 6, Code 2023, is amended 2 to read as follows: 3 6. Taxes levied by a city whose budget is certified after 4 March 31 April 15 shall be limited to the prior year’s budget 5 amount. However, this penalty may be waived by the director of 6 the department of management if the city demonstrates that the 7 March 31 deadline was missed because of circumstances beyond 8 the control of the city. 9 Sec. 42. IMPLEMENTATION. Section 25B.2, subsection 3, 10 shall not apply to this division of this Act. 11 Sec. 43. APPLICABILITY. This division of this Act applies 12 to county, city, township, and municipality budgets for fiscal 13 years beginning on or after July 1, 2024. 14 DIVISION IV 15 BOND ELECTIONS 16 Sec. 44. Section 28E.16, Code 2023, is amended to read as 17 follows: 18 28E.16 Election for bonds. 19 When bonds which require a vote of the people are to be 20 issued for financing joint facilities of a county and one or 21 more cities within the county, pursuant to an agreement made 22 under the authority of this chapter , or pursuant to other 23 provisions of law, the board of supervisors and the council of 24 each city shall arrange for a single election on the question 25 of issuing the bonds, but if the county and the cities are 26 proposing to make separate bond issues, the ballot shall 27 contain separate questions, one to be voted upon by all voters 28 of the county, and one or more to be voted upon only by the 29 voters of the city which is to make a separate bond issue. All 30 elections on the question of issuing the bonds shall be held on 31 the date specified in section 39.2, subsection 4, paragraph “d” . 32 Sec. 45. Section 39.2, subsection 4, Code 2023, is amended 33 to read as follows: 34 4. Unless otherwise provided by law, special elections on 35 -22- HF 718 (3) 90 md/jh/md 22/ 30
H.F. 718 public measures are limited to the following dates: 1 a. For Except as provided in paragraph “d” , for a county, in 2 an odd-numbered year, the first Tuesday in March, the second 3 Tuesday in September, or the first Tuesday after the first 4 Monday in November. For a county, in an even-numbered year, 5 the first Tuesday in March, the second Tuesday in September, or 6 the first Tuesday after the first Monday in November. 7 b. For Except as provided in paragraph “d” , for a city, in 8 an odd-numbered year, the first Tuesday in March, the second 9 Tuesday in September, or the first Tuesday after the first 10 Monday in November. For a city, in an even-numbered year, the 11 first Tuesday in March or the second Tuesday in September. 12 c. For Except as provided in paragraph “d” , for a school 13 district or merged area, in the odd-numbered year, the first 14 Tuesday in March, the second Tuesday in September, or the first 15 Tuesday after the first Monday in November. For a school 16 district or merged area, in the even-numbered year, the first 17 Tuesday in March, or the second Tuesday in September. 18 d. For any political subdivision of this state, if the 19 special election is in whole or in part for the question of 20 issuing bonds or other indebtedness, the first Tuesday after 21 the first Monday in November. 22 Sec. 46. NEW SECTION . 39.5 Notice of bond election. 23 In addition to any other notice related to the election 24 required by law to be published, posted, or provided, if the 25 election is subject to section 39.2, subsection 4, paragraph 26 “d” , the commissioner shall not less than ten nor more than 27 twenty days before the day of each election mail to each 28 registered voter of the applicable jurisdiction a notice of the 29 election that includes the full text of the public measure to 30 be voted upon at the election. 31 Sec. 47. Section 75.1, subsection 1, paragraph a, Code 2023, 32 is amended to read as follows: 33 a. When a proposition to authorize an issuance of bonds 34 by a county, township, school corporation, city, or by any 35 -23- HF 718 (3) 90 md/jh/md 23/ 30
H.F. 718 local board or commission, is submitted to the electors, such 1 proposition shall not be deemed carried or adopted, anything 2 in the statutes to the contrary notwithstanding, unless the 3 vote in favor of such authorization is equal to at least sixty 4 percent of the total vote cast for and against said proposition 5 at said election. All elections on such proposition shall 6 be held on the date specified in section 39.2, subsection 4, 7 paragraph “d” . 8 Sec. 48. Section 75.1, subsection 2, Code 2023, is amended 9 by striking the subsection. 10 Sec. 49. Section 279.39, Code 2023, is amended to read as 11 follows: 12 279.39 School buildings. 13 The board of any school corporation shall establish 14 attendance centers and provide suitable buildings for each 15 school in the district and may at the regular or a special 16 meeting resolve to submit to the registered voters of the 17 district at an election held on a date specified in section 18 39.2, subsection 4 , paragraph “c” , the question of voting a tax 19 or authorizing the board to issue bonds, or both. 20 Sec. 50. Section 296.3, Code 2023, is amended to read as 21 follows: 22 296.3 Election called. 23 Within ten days of receipt of a petition filed under section 24 296.2 , the president of the board of directors shall call a 25 meeting of the board. The meeting shall be held within thirty 26 days after the petition was received. At the meeting, the 27 board shall call the election, fixing the time of the election , 28 which may be at the time and place of holding the regular 29 school election as required by section 39.2, subsection 4, 30 paragraph “d” . However, if the board determines by unanimous 31 vote that the proposition or propositions requested by a 32 petition to be submitted at an election are grossly unrealistic 33 or contrary to the needs of the school district, no election 34 shall be called. If more than one petition has been received 35 -24- HF 718 (3) 90 md/jh/md 24/ 30
H.F. 718 by the time the board meets to consider the petition triggering 1 the meeting, the board shall act upon the petitions in the 2 order they were received at the meeting called to consider the 3 initial petition. The decision of the board may be appealed to 4 the state board of education as provided in chapter 290 . The 5 president shall notify the county commissioner of elections of 6 the time of the election. 7 Sec. 51. Section 298.21, unnumbered paragraph 1, Code 2023, 8 is amended to read as follows: 9 The board of directors of any school corporation when 10 authorized by the voters at an election held on a date 11 specified in section 39.2, subsection 4 , paragraph “c” “d” , 12 may issue the negotiable, interest-bearing school bonds of the 13 corporation for borrowing money for any or all of the following 14 purposes: 15 Sec. 52. Section 331.442, subsection 3, Code 2023, is 16 amended to read as follows: 17 3. a. All elections held pursuant to this section shall 18 be held on the date specified in section 39.2, subsection 4, 19 paragraph “d” . 20 b. Notice of the election shall be given by publication as 21 specified in section 331.305 . At the election the ballot used 22 for the submission of the proposition shall be in substantially 23 the form for submitting special questions at general elections. 24 Sec. 53. Section 346.27, subsection 10, paragraph a, Code 25 2023, is amended to read as follows: 26 a. After the incorporation of an authority, and before the 27 sale of any issue of revenue bonds, except refunding bonds, the 28 authority shall submit to the voters the question of whether 29 the authority shall issue and sell revenue bonds. The ballot 30 shall state the amount of the bonds and the purposes for 31 which the authority is incorporated. All registered voters 32 of the county shall be entitled to vote on the question. The 33 question may shall be submitted at an election held on a the 34 date specified in section 39.2, subsection 4 , paragraph “a” or 35 -25- HF 718 (3) 90 md/jh/md 25/ 30
H.F. 718 “b” , as applicable “d” . An affirmative vote of a majority of 1 the votes cast on the question is required to authorize the 2 issuance and sale of revenue bonds. 3 Sec. 54. Section 357C.10, Code 2023, is amended to read as 4 follows: 5 357C.10 Bonds in anticipation of revenue. 6 Benefited street lighting districts may anticipate the 7 collection of taxes by the levy herein provided, and to carry 8 out the purposes of this chapter may issue bonds payable 9 in not more than ten equal installments, with the rate of 10 interest thereon not exceeding that permitted by chapter 74A . 11 No indebtedness shall be incurred under this chapter until 12 authorized by an election. Such election shall be held and 13 notice given in the same manner as the election provided herein 14 for the authorization of a tax levy, and the same sixty percent 15 vote shall be necessary to authorize indebtedness. Both 16 Subject to section 39.2, subsection 4, both propositions may be 17 submitted to the voters in the same election. 18 Sec. 55. Section 357D.11, Code 2023, is amended to read as 19 follows: 20 357D.11 Bonds in anticipation of revenue. 21 A district may anticipate the collection of taxes by the 22 levy authorized in this chapter , and to carry out the purposes 23 of this chapter may issue bonds payable in not more than ten 24 equal installments with the rate of interest not exceeding 25 that permitted by chapter 74A . An indebtedness shall not be 26 incurred under this chapter until authorized by an election. 27 The election shall be held and notice given in the same manner 28 as provided in section 357D.8 , and the same sixty percent vote 29 shall be necessary to authorize indebtedness. Both Subject to 30 section 39.2, subsection 4, both propositions may be submitted 31 to the voters at the same election. 32 Sec. 56. Section 357E.11, Code 2023, is amended to read as 33 follows: 34 357E.11 Bonds in anticipation of revenue. 35 -26- HF 718 (3) 90 md/jh/md 26/ 30
H.F. 718 A district, other than a combined district, may anticipate 1 the collection of taxes by the levy authorized in this chapter , 2 and to carry out the purposes of this chapter may issue bonds 3 payable in not more than twenty equal installments with the 4 rate of interest not exceeding that permitted by chapter 74A . 5 An indebtedness shall not be incurred under this section 6 until authorized by an election. The election shall be held 7 and notice given in the same manner as provided in section 8 357E.8 , and the same majority vote is necessary to authorize 9 indebtedness. Both Subject to section 39.2, subsection 4, 10 both propositions may be submitted to the voters at the same 11 election. 12 Sec. 57. Section 357E.11A, subsection 3, Code 2023, is 13 amended to read as follows: 14 3. Except for the issuance of refunding bonds, an 15 indebtedness shall not be incurred under this section until 16 authorized by an election. The election shall be held and 17 notice given in the same manner as provided in section 357E.8 , 18 except that a proposition to authorize indebtedness is 19 approved if sixty percent of those voting on the proposition 20 vote in favor of the proposition. A Subject to section 21 39.2, subsection 4, a proposition for the authorization 22 of indebtedness may be submitted to the voters at the same 23 election as the election under section 357E.8 . 24 Sec. 58. Section 357F.11, Code 2023, is amended to read as 25 follows: 26 357F.11 Bonds in anticipation of revenue. 27 A district may anticipate the collection of taxes authorized 28 in this chapter , and to carry out the purposes of this chapter 29 may issue bonds payable in not more than ten equal installments 30 with the rate of interest not exceeding that permitted by 31 chapter 74A . An indebtedness shall not be incurred under this 32 chapter until authorized by an election. The election shall 33 be held and notice given in the same manner as provided in 34 section 357F.8 , and a sixty percent vote shall be necessary 35 -27- HF 718 (3) 90 md/jh/md 27/ 30
H.F. 718 to authorize indebtedness. Both Subject to section 39.2, 1 subsection 4, both propositions may be submitted to the voters 2 at the same election. 3 Sec. 59. Section 357G.11, Code 2023, is amended to read as 4 follows: 5 357G.11 Bonds in anticipation of revenue. 6 A district may anticipate the collection of taxes authorized 7 in this chapter , and to carry out the purposes of this chapter 8 may issue bonds payable in not more than ten equal installments 9 with the rate of interest not exceeding that permitted by 10 chapter 74A . An indebtedness shall not be incurred under this 11 chapter until authorized by an election. The election shall 12 be held and notice given in the same manner as provided in 13 section 357G.8 , and a sixty percent vote shall be necessary 14 to authorize indebtedness. Both Subject to section 39.2, 15 subsection 4, both propositions may be submitted to the voters 16 at the same election. 17 Sec. 60. Section 357I.12, Code 2023, is amended to read as 18 follows: 19 357I.12 Bonds in anticipation of revenue. 20 A district may anticipate the collection of taxes by the 21 levy authorized in this chapter , and to carry out the purposes 22 of this chapter may issue bonds payable in not more than ten 23 equal installments with the rate of interest not exceeding 24 that permitted by chapter 74A . An indebtedness shall not be 25 incurred under this chapter until authorized by an election. 26 The election shall be held and notice given in the same manner 27 as provided in section 357I.8 , and the same sixty percent vote 28 shall be necessary to authorize indebtedness. Both Subject to 29 section 39.2, subsection 4, both propositions may be submitted 30 to the voters at the same election. 31 Sec. 61. Section 384.26, subsections 2 and 3, Code 2023, are 32 amended to read as follows: 33 2. Before the council may institute proceedings for the 34 issuance of bonds for a general corporate purpose, it shall 35 -28- HF 718 (3) 90 md/jh/md 28/ 30
H.F. 718 call a special city election to vote upon the question of 1 issuing the bonds. At the election the proposition must be 2 submitted in the following form: 3 Shall the ............ (insert the name of the city) issue 4 its bonds in an amount not exceeding the amount of $ .... for 5 the purpose of .......... ? 6 3. a. All elections held pursuant to this section shall 7 be held on the date specified in section 39.2, subsection 4, 8 paragraph “d” . 9 b. Notice of the election must be given by publication 10 as required by section 49.53 in a newspaper of general 11 circulation in the city. At the election the ballot used for 12 the submission of the proposition must be in substantially the 13 form for submitting special questions at general elections. 14 Sec. 62. Section 394.2, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. It shall not be necessary to submit to the voters the 17 proposition of issuing bonds for refunding purposes, but prior 18 to the issuance of bonds for other purposes the council shall 19 submit to the voters of the city at a general election or a 20 regular city election on the date specified in section 39.2, 21 subsection 4, paragraph “d” , the proposition of issuing the 22 bonds. Notice of the election on the proposition of issuing 23 bonds shall be published as required by section 49.53 . The 24 notice shall also state whether or not an admission fee is to 25 be charged by the zoo or zoological gardens. 26 Sec. 63. Section 423F.4, subsection 2, paragraph b, Code 27 2023, is amended to read as follows: 28 b. For bonds subject to the requirements of paragraph 29 “a” , if at any time prior to the fifteenth day following the 30 hearing, the secretary of the board of directors receives a 31 petition containing the required number of signatures and 32 asking that the question of the issuance of such bonds be 33 submitted to the voters of the school district, the board shall 34 either rescind its adoption of the resolution or direct the 35 -29- HF 718 (3) 90 md/jh/md 29/ 30
H.F. 718 county commissioner of elections to submit the question to the 1 registered voters of the school district at an election held on 2 a the date specified in section 39.2, subsection 4 , paragraph 3 “c” “d” . The petition must be signed by eligible electors equal 4 in number to not less than one hundred or thirty percent of 5 the number of voters at the last preceding election of school 6 officials under section 277.1 , whichever is greater. If the 7 board submits the question at an election and a majority of 8 those voting on the question favors issuance of the bonds, the 9 board shall be authorized to issue the bonds. 10 Sec. 64. IMPLEMENTATION OF ACT. Section 25B.2, subsection 11 3, shall not apply to this division of this Act. 12 Sec. 65. APPLICABILITY. This division of this Act applies 13 July 1, 2023, for elections on propositions relating to the 14 issuing of bonds or other indebtedness occurring on or after 15 that date. 16 -30- HF 718 (3) 90 md/jh/md 30/ 30