Bill Text: IA HF2434 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to budget approval processes of political subdivisions and including applicability provisions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-02-16 - Introduced, referred to Ways and Means. H.J. 279. [HF2434 Detail]

Download: Iowa-2021-HF2434-Introduced.html
House File 2434 - Introduced HOUSE FILE 2434 BY GERHOLD , BRADLEY , and DUNWELL A BILL FOR An Act relating to budget approval processes of political 1 subdivisions and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6023YH (4) 89 md/jh
H.F. 2434 Section 1. Section 24.9, subsection 1, Code 2022, is amended 1 to read as follows: 2 1. a. Each municipality shall file with the secretary or 3 clerk thereof the estimates required to be made in sections 4 24.3 to 24.8 , at least twenty days before the date fixed by 5 law for certifying the same to the levying board and shall 6 forthwith fix a date for a hearing thereon, and shall publish 7 such estimates and any annual levies previously authorized 8 as provided in section 76.2 , with a notice of the time when 9 and the place where such hearing shall be held not less than 10 ten nor more than twenty days before the hearing. The notice 11 shall also include the information required under paragraph 12 “c” , subparagraph (2), subparagraph divisions (a) through 13 (d). Provided that in municipalities of less than two hundred 14 population such estimates and the notice of hearing thereon 15 shall be posted in three public places in the district in lieu 16 of publication. For any other municipality such publication 17 shall be in a newspaper published therein, if any, if not, then 18 in a newspaper of general circulation therein. 19 b. The department of management shall prescribe the form for 20 public hearing notices for use by municipalities and notices 21 required under paragraph “c” . 22 c. (1) For purposes of this paragraph: 23 (a) “Budget year” is the fiscal year beginning during the 24 calendar year in which a budget is certified. 25 (b) “Current fiscal year” is the fiscal year ending during 26 the calendar year in which a budget for the budget year is 27 certified. 28 (c) “Effective property tax rate” means the property tax 29 rate per one thousand dollars of assessed value and is equal to 30 one thousand multiplied by the quotient of the current fiscal 31 year’s actual property tax dollars certified for levy divided 32 by the total assessed value used to calculate taxes for the 33 budget year. 34 (2) In addition to the notices published and posted under 35 -1- LSB 6023YH (4) 89 md/jh 1/ 6
H.F. 2434 paragraph “a” , the municipality shall direct the county 1 treasurer to send to each owner or taxpayer by regular mail, 2 on or before the date of publication under paragraph “a” , an 3 individual notice containing all of the following: 4 (a) The sum of the current fiscal year’s actual property 5 taxes certified for levy by the municipality and the 6 municipality’s current fiscal year’s combined property tax rate 7 for such amount. 8 (b) The effective property tax rate calculated using the sum 9 of the current fiscal year’s actual property taxes certified by 10 the municipality. 11 (c) The sum of the proposed property tax dollars to be 12 certified for levy by the municipality for the budget year and 13 the proposed combined property tax rate for such amount. 14 (d) If the proposed property tax dollars specified under 15 subparagraph division (c) exceeds the current fiscal year’s 16 actual property tax dollars certified for levy specified in 17 subparagraph division (a), a statement of the major reasons for 18 the increase. 19 (e) The assessed value of the owner’s or taxpayer’s property 20 used to calculate property taxes for the current fiscal year. 21 (f) The assessed value of the owner’s or taxpayer’s property 22 used to calculate property taxes for the budget year. 23 (g) The amount of property taxes due on the owner’s or 24 taxpayer’s property for the current fiscal year for the 25 municipality and the current fiscal year’s combined property 26 tax rate for such amount. 27 (h) The estimated combined property tax rate required to 28 raise the amount of property taxes under subparagraph division 29 (g) using the assessed value of the property under subparagraph 30 division (f). 31 (i) The proposed amount of property taxes to be levied 32 against the owner’s or taxpayer’s property for the budget year 33 for the municipality and the estimated combined property tax 34 rate for the budget year for such amount. 35 -2- LSB 6023YH (4) 89 md/jh 2/ 6
H.F. 2434 Sec. 2. Section 331.433A, subsection 4, paragraph b, Code 1 2022, is amended to read as follows: 2 b. Proof of publication shall be filed with and preserved 3 by the auditor. The department of management shall prescribe 4 the form for the public hearing notice for use by counties , the 5 form for individual notices provided under paragraph “c” , and 6 the form for the resolution to be adopted by the board under 7 subsection 5 . 8 Sec. 3. Section 331.433A, subsection 4, Code 2022, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . c. In addition to the notices published and 11 posted under paragraph “a” , the county shall direct the county 12 treasurer to send to each owner or taxpayer by regular mail, 13 on or before the date of publication under paragraph “a” , an 14 individual notice containing the information required under 15 paragraph “a” , subparagraphs (1) through (4), and all of the 16 following: 17 (1) The assessed value of the owner’s or taxpayer’s property 18 used to calculate property taxes for the current fiscal year. 19 (2) The assessed value of the owner’s or taxpayer’s property 20 used to calculate property taxes for the budget year. 21 (3) The amount of property taxes due on the owner’s or 22 taxpayer’s property for the current fiscal year for general 23 county services and rural county services under the levies 24 specified in subsection 2, paragraphs “a” and “b” , and the 25 current fiscal year’s combined property tax rate for each such 26 amount. 27 (4) The estimated combined property tax rate required to 28 raise the amount of property taxes under subparagraph (3) using 29 the assessed value of the property under subparagraph (2). 30 (5) The proposed amount of property taxes to be levied 31 against the owner’s or taxpayer’s property for the budget year 32 for general county services and rural county services under the 33 levies specified in subsection 2, paragraphs “a” and “b” , and 34 the estimated combined property tax rate for the budget year 35 -3- LSB 6023YH (4) 89 md/jh 3/ 6
H.F. 2434 for each such amount. 1 Sec. 4. Section 384.15A, subsection 4, paragraph b, Code 2 2022, is amended to read as follows: 3 b. Proof of publication shall be filed with and preserved 4 by the county auditor. The department of management shall 5 prescribe the form for the public hearing notice for use 6 by cities , the form for individual notices provided under 7 paragraph “c” , and the form for the resolution to be adopted by 8 the council under subsection 5 . 9 Sec. 5. Section 384.15A, subsection 4, Code 2022, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . c. In addition to the notices published and 12 posted under paragraph “a” , the city shall direct the county 13 treasurer to send to each owner or taxpayer by regular mail, 14 on or before the date of publication under paragraph “a” , an 15 individual notice containing the information required under 16 paragraph “a” , subparagraphs (1) through (4), and all of the 17 following: 18 (1) The assessed value of the owner’s or taxpayer’s property 19 used to calculate property taxes for the current fiscal year. 20 (2) The assessed value of the owner’s or taxpayer’s property 21 used to calculate property taxes for the budget year. 22 (3) The amount of property taxes due on the owner’s or 23 taxpayer’s property for the current fiscal year for the city 24 under the levies specified in subsection 2 and the current 25 fiscal year’s combined property tax rate for such amount. 26 (4) The estimated combined property tax rate required to 27 raise the amount of property taxes under subparagraph (3) using 28 the assessed value of the property under subparagraph (2). 29 (5) The proposed amount of property taxes to be levied 30 against the owner’s or taxpayer’s property for the budget year 31 for the city under the levies specified in subsection 2 and the 32 estimated combined property tax rate for the budget year for 33 such amount. 34 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 35 -4- LSB 6023YH (4) 89 md/jh 4/ 6
H.F. 2434 3, shall not apply to this Act. 1 Sec. 7. APPLICABILITY. This Act applies to county, city, 2 and political subdivision budgets for fiscal years beginning on 3 or after July 1, 2023. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to budget approval processes of political 8 subdivisions. 9 Under Code sections 331.433A and 384.15A, each county and 10 city is, prior to filing of the entity’s proposed budget, 11 required to adopt a resolution establishing, in the case of 12 a county, the total maximum property tax dollars that may be 13 certified for levy for general county services and the total 14 maximum property tax dollars that may be certified for levy for 15 rural county services; and in the case of a city, the total 16 maximum property tax dollars that may be certified for the 17 enumerated city government purposes and funds. The governing 18 body must hold a public hearing on the resolution and notice 19 of the public hearing is required to be published and posted 20 on the entity’s internet site and social media accounts, as 21 applicable. Notice of the hearing is required to include 22 specified property tax dollar amounts and levy rates, including 23 the effective tax rate. 24 The bill provides that in addition to the published and 25 posted notices under Code sections 331.433A and 384.15A, 26 the city or county, as applicable, shall direct the county 27 treasurer to send to each owner or taxpayer by regular mail, 28 an individual notice containing the information required under 29 the notice published and posted and all of the following: (1) 30 the assessed value of the owner or taxpayer’s property used 31 to calculate property taxes for the current fiscal year; (2) 32 the assessed value of the owner or taxpayer’s property used to 33 calculate property taxes for the budget year; (3) the amount 34 of property taxes due on the owner or taxpayer’s property for 35 -5- LSB 6023YH (4) 89 md/jh 5/ 6
H.F. 2434 the current fiscal year for the city or county and the current 1 fiscal year’s combined property tax rate for such amount; (4) 2 the estimated combined property tax rate required to raise 3 the amount of property taxes on the property for the current 4 fiscal year using the assessed value of the property for the 5 budget year; and (5) the proposed amount of property taxes to 6 be levied against the owner or taxpayer’s property for the 7 budget year and the estimated combined property tax rate for 8 the budget year for such amount. 9 The bill also amends Code section 24.9 relating to the filing 10 of budget estimates as part of the budget approval process for 11 municipalities, which includes public entities that have power 12 to levy or certify a tax or sum of money to be collected by 13 taxation, except a county, city, drainage district, township, 14 or road district. The bill adds to the notice required to be 15 published and posted regarding the public hearing under Code 16 section 24.9 the information similarly required for cities and 17 counties under current Code sections 331.433A and 384.15A. The 18 bill also requires each municipality to send individual notices 19 to each owner or taxpayer by regular mail that contain similar 20 information to that required to be sent by counties and cities 21 under the bill. 22 The bill may include a state mandate as defined in Code 23 section 25B.3. The bill makes inapplicable Code section 25B.2, 24 subsection 3, which would relieve a political subdivision from 25 complying with a state mandate if funding for the cost of 26 the state mandate is not provided or specified. Therefore, 27 political subdivisions are required to comply with any state 28 mandate included in the bill. 29 The bill applies to county, city, and political subdivision 30 budgets for fiscal years beginning on or after July 1, 2023. 31 -6- LSB 6023YH (4) 89 md/jh 6/ 6
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