Bill Text: IA SF634 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to local government budgets and property taxation by modifying provisions governing the establishment and approval of county and city budgets, modifying provisions relating to the state appraisal manual, and including applicability provisions. (Formerly SSB 1260.) Effective 7-1-19.

Spectrum: Committee Bill

Status: (Passed) 2019-09-23 - Fiscal note, revised. [SF634 Detail]

Download: Iowa-2019-SF634-Introduced.html
Senate File 634 - Introduced SENATE FILE 634 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1260) A BILL FOR An Act relating to local government budgets and property 1 taxation by modifying provisions governing the establishment 2 and approval of county and city budgets, requiring 3 establishment of a property tax system advisory group, 4 modifying provisions relating to property tax credits for 5 persons who have reached sixty-five years of age, modifying 6 provisions relating to the state appraisal manual, and 7 including effective date and applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 2777SV (2) 88 md/jh
S.F. 634 DIVISION I 1 COUNTY AND CITY BUDGET LIMITATIONS 2 Section 1. Section 23A.2, subsection 10, paragraph h, Code 3 2019, is amended to read as follows: 4 h. The performance of an activity listed in section 331.424 , 5 Code 2019, as a service for which a supplemental levy county 6 may be certified include in its budget . 7 Sec. 2. Section 28M.5, subsections 1 and 2, Code 2019, are 8 amended to read as follows: 9 1. The commission, with the approval of the board of 10 supervisors of participating counties and the city council 11 of participating cities in the chapter 28E agreement, may 12 levy annually a tax not to exceed ninety-five cents per 13 thousand dollars of the assessed value of all taxable property 14 in a regional transit district to the extent provided in 15 this section . The chapter 28E agreement may authorize the 16 commission to levy the tax at different rates within the 17 participating cities and counties in amounts sufficient to meet 18 the revenue responsibilities of such cities and counties as 19 allocated in the budget adopted by the commission. However, 20 for a city participating in a regional transit district, the 21 total of all the tax levies levy imposed in the city pursuant 22 to section 384.12, subsection 10 , and this section shall 23 not exceed the aggregate of ninety-five cents per thousand 24 dollars of the assessed value of all taxable property in the 25 participating city reduce the city’s maximum amount of property 26 tax dollars under section 384.1, subsection 3, paragraph “b” , 27 and for a county participating in a regional transit district, 28 except as provided in subsection 2, the tax levy imposed in 29 the unincorporated area pursuant to this section shall reduce 30 the county’s maximum amount of property tax dollars that may 31 be levied for rural county services under section 331.423, 32 subsection 3, paragraph “c” . 33 2. If a regional transit district budget allocates 34 revenue responsibilities to the board of supervisors of a 35 -1- LSB 2777SV (2) 88 md/jh 1/ 34
S.F. 634 participating county, the amount of the regional transit 1 district levy that is the responsibility of the participating 2 county shall be deducted from the maximum rates amount of taxes 3 authorized to be levied by the county pursuant to section 4 331.423, subsections 1 and 2 subsection 3, paragraphs “b” 5 and “c” , as applicable, unless the county meets its revenue 6 responsibilities as allocated in the budget from other 7 available revenue sources. However, for a regional transit 8 district that includes a county with a population of less than 9 three hundred thousand, the amount of the regional transit 10 district levy that is the responsibility of such participating 11 county shall be deducted from the maximum rate amount of taxes 12 authorized to be levied by the county pursuant to section 13 331.423, subsection 1 3, paragraph “b” . 14 Sec. 3. Section 29C.17, subsection 2, paragraph a, Code 15 2019, is amended by striking the paragraph and inserting in 16 lieu thereof the following: 17 a. An appropriation from the county general fund under 18 section 331.427. 19 Sec. 4. Section 29C.17, subsection 2, paragraph b, Code 20 2019, is amended to read as follows: 21 b. Per capita allocation funded from city and county general 22 funds or by a combination of city and county special levies 23 which may be apportioned among the member jurisdictions . 24 Sec. 5. Section 123.38, subsection 2, paragraph b, Code 25 2019, is amended to read as follows: 26 b. For purposes of this subsection , any portion of license 27 or permit fees used for the purposes authorized in section 28 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 29 (2), Code 2019, and in section 331.424A , shall not be deemed 30 received either by the division or by a local authority. 31 Sec. 6. Section 218.99, Code 2019, is amended to read as 32 follows: 33 218.99 Counties to be notified of patients’ personal 34 accounts. 35 -2- LSB 2777SV (2) 88 md/jh 2/ 34
S.F. 634 The administrator in control of a state institution shall 1 direct the business manager of each institution under the 2 administrator’s jurisdiction which is mentioned in section 3 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 4 (2), and for which services are paid under section 331.424A , 5 to quarterly inform the county of residence of any patient or 6 resident who has an amount in excess of two hundred dollars on 7 account in the patients’ personal deposit fund and the amount 8 on deposit. The administrators shall direct the business 9 manager to further notify the county of residence at least 10 fifteen days before the release of funds in excess of two 11 hundred dollars or upon the death of the patient or resident. 12 If the patient or resident has no residency in this state or 13 the person’s residency is unknown, notice shall be made to the 14 director of human services and the administrator in control of 15 the institution involved. 16 Sec. 7. Section 331.263, subsection 2, Code 2019, is amended 17 to read as follows: 18 2. The governing body of the community commonwealth 19 shall have the authority to levy county taxes and shall 20 have the authority to levy city taxes to the extent the 21 city tax levy authority is transferred by the charter to 22 the community commonwealth. A city participating in the 23 community commonwealth shall transfer a portion of the 24 city’s tax levy authorized under section 384.1 or 384.12 , 25 whichever is applicable, to the governing body of the community 26 commonwealth. The maximum rates amount of taxes authorized to 27 be levied under sections section 384.1 and the maximum amount 28 of taxes authorized to be levied under section 384.12 by a city 29 participating in the community commonwealth shall be reduced 30 by an amount equal to the rates of the same or similar taxes 31 levied in the city by the governing body of the community 32 commonwealth. 33 Sec. 8. Section 331.301, subsection 12, Code 2019, is 34 amended to read as follows: 35 -3- LSB 2777SV (2) 88 md/jh 3/ 34
S.F. 634 12. The board of supervisors may credit funds to a reserve 1 for the purposes authorized by subsection 11 of this section ; 2 section 331.424, subsection 1 , paragraph “a” , subparagraph 3 (5); and section 331.441, subsection 2 , paragraph “b” . Moneys 4 credited to the reserve, and interest earned on such moneys, 5 shall remain in the reserve until expended for purposes 6 authorized by subsection 11 of this section ; section 331.424, 7 subsection 1 , paragraph “a” , subparagraph (5); or section 8 331.441, subsection 2 , paragraph “b” . 9 Sec. 9. Section 331.421, subsections 1 and 10, Code 2019, 10 are amended by striking the subsections. 11 Sec. 10. Section 331.422, unnumbered paragraph 1, Code 12 2019, is amended to read as follows: 13 Subject to this section and sections 331.423 through 14 331.426 , 331.423A, 331.424A, 331.424B, and 331.424C or as 15 otherwise provided by state law, the board of each county shall 16 certify property taxes annually at its March session to be 17 levied for county purposes as follows: 18 Sec. 11. Section 331.423, Code 2019, is amended by striking 19 the section and inserting in lieu thereof the following: 20 331.423 Property tax dollars —— maximums. 21 1. Annually, the board shall determine separate property 22 tax levy limits to pay for general county services and rural 23 county services in accordance with this section. The property 24 tax levies separately certified for general county services and 25 rural county services under section 331.434 shall not raise 26 property tax dollars that exceed the amounts determined under 27 this section. 28 2. For purposes of this section, unless the context 29 otherwise requires: 30 a. “Annual growth factor” means the annual growth percentage 31 determined under subsection 6 plus one hundred percent. 32 b. “Boundary adjustment” means annexation, severance, 33 incorporation, or discontinuance as those terms are defined in 34 section 368.1. 35 -4- LSB 2777SV (2) 88 md/jh 4/ 34
S.F. 634 c. “Budget year” is the fiscal year beginning during the 1 calendar year in which a budget is certified. 2 d. “Current fiscal year” is the fiscal year ending during 3 the calendar year in which a budget is certified. 4 e. “Effective property tax rate” means the property tax 5 rate per one thousand dollars of assessed value and is equal 6 to one thousand multiplied by the quotient of the product of 7 the current fiscal year’s actual property tax dollars certified 8 for levy multiplied by the annual growth factor divided by the 9 difference of the total assessed value used to calculate taxes 10 for the budget year minus the net new valuation for the budget 11 year. 12 f. “Net new valuation” means the net increase from the 13 current fiscal year to the budget year in assessed valuation 14 due to the following, the amount of each as certified by the 15 county auditor to the department of management by January 16 1 preceding the applicable fiscal year, excluding amounts 17 attributable to a valuation release: 18 (1) New construction. 19 (2) Additions or improvements to existing structures that 20 are not normal and necessary repairs under section 441.21, 21 subsection 8. 22 (3) Net boundary adjustment. 23 (4) A municipality no longer dividing tax revenues in an 24 urban renewal area as provided in section 403.19 or a community 25 college no longer dividing revenues as provided in section 26 260E.4. 27 (5) That portion of taxable property located in an urban 28 revitalization area on which an exemption was allowed and such 29 exemption has expired. 30 (6) New exemptions for existing properties and the 31 expiration or removal of property exemptions. 32 g. “Net new valuation taxes” means an amount equal to the 33 effective property tax rate for general county services or for 34 rural county services, as applicable, multiplied by net new 35 -5- LSB 2777SV (2) 88 md/jh 5/ 34
S.F. 634 valuation for the budget year. 1 h. “Valuation release” means the valuation that is released 2 in any one year from either a division of revenue under section 3 260E.4 or an urban renewal area for which taxes were being 4 divided under section 403.19 if the property for the valuation 5 being released remains subject to the division of revenue under 6 section 260E.4 or remains part of the urban renewal area that 7 is subject to a division of revenue under section 403.19. 8 3. a. For the fiscal year beginning July 1, 2020, and 9 subsequent fiscal years, the maximum amount of property tax 10 dollars which may be certified for levy by a county for general 11 county services and rural county services shall be the maximum 12 property tax dollars calculated under paragraphs “b” and “c” , 13 respectively. The amount of property tax dollars calculated 14 under this subsection and determined under subsection 4 15 includes those amounts received by the county as replacement 16 taxes under chapter 437A or 437B. 17 b. The maximum property tax dollars that may be levied for 18 general county services is an amount equal to the sum of the 19 following: 20 (1) The annual growth factor times the current fiscal year’s 21 actual property tax dollars certified for levy for general 22 county services. 23 (2) The amount of net new valuation taxes in the county. 24 c. The maximum property tax dollars that may be levied for 25 rural county services is an amount equal to the sum of the 26 following minus the amount certified for levy in unincorporated 27 areas of the county under sections 28E.22 and 28M.5: 28 (1) The annual growth factor times the current fiscal year’s 29 actual property tax dollars certified for levy for rural county 30 services. 31 (2) The amount of net new valuation taxes in the 32 unincorporated area of the county. 33 4. a. For purposes of calculating maximum property tax 34 dollars for general county services for the fiscal year 35 -6- LSB 2777SV (2) 88 md/jh 6/ 34
S.F. 634 beginning July 1, 2020, only, the term “current fiscal year’s 1 actual property tax dollars” shall mean the total amount of 2 property tax dollars certified by the county for general county 3 services for the fiscal year beginning July 1, 2019, or the 4 fiscal year beginning July 1, 2018, whichever is greater, 5 including amounts certified under section 331.424, subsection 6 1, Code 2019, but excluding that portion of the amounts 7 certified for the payment of benefits under chapter 97B or 8 other pension or retirement systems that are associated with 9 salaries for general county services. 10 b. For purposes of calculating maximum property tax dollars 11 for rural county services for the fiscal year beginning July 12 1, 2020, only, the term “current fiscal year’s actual property 13 tax dollars” shall mean the total amount of property tax dollars 14 certified by the county for rural county services plus the 15 amount certified for levy in the unincorporated areas of the 16 county under sections 28E.22 and 28M.5 for the fiscal year 17 beginning July 1, 2019, or the fiscal year beginning July 1, 18 2018, whichever is greater, including amounts certified under 19 section 331.424, subsection 2, Code 2019, but excluding that 20 portion of the amounts certified for the payment of benefits 21 under chapter 97B or other pension or retirement systems that 22 are associated with salaries for rural county services. 23 c. For purposes of calculating maximum property tax dollars 24 for a fiscal year beginning on or after July 1, 2021, a county 25 for which the county’s taxes were not certified back by the 26 department of management under section 24.17 for the current 27 fiscal year due to an act or omission of the county, the 28 current fiscal year’s actual property tax dollars certified for 29 levy shall be equal to the amount certified for levy for the 30 fiscal year immediately preceding the current fiscal year or 31 the amount under paragraph “a” or “b” , if applicable. 32 5. Property taxes certified for retirement and pension 33 expenses in section 331.423A, mental health and disabilities 34 services in section 331.424A, the cemetery levy under section 35 -7- LSB 2777SV (2) 88 md/jh 7/ 34
S.F. 634 331.424B, the emergency services fund in section 331.424C, the 1 debt service fund in section 331.430, and any capital projects 2 fund established by the county for deposit of bond, loan, 3 or note proceeds are not included in the maximum amount of 4 property tax dollars that may be certified for a budget year 5 under subsection 3. 6 6. a. Except as provided in this subsection, the annual 7 growth percentage for each county for each fiscal year 8 beginning on or after July 1, 2020, is zero percent. 9 b. The board may, by resolution, annually approve an annual 10 growth percentage in excess of the percentage in paragraph 11 “a” , but not to exceed two percent, if the board publishes 12 in accordance with section 331.305 a notice of the proposed 13 resolution that includes the proposed annual growth percentage, 14 the purposes for which the additional property tax revenue 15 will be used, and the time and place of a public meeting at 16 which the board proposes to take action on the resolution. At 17 the meeting, and before approval of the resolution, the board 18 shall receive oral or written objections from any resident or 19 property owner of the county. After all objections have been 20 received and considered, the board may either take action on 21 the resolution or vote to abandon the resolution. 22 c. (1) Following approval of a resolution under paragraph 23 “b” that establishes an annual growth percentage of two 24 percent, the board may, by a separate resolution approved 25 by a two-thirds majority of the board, approve up to one 26 additional percentage point for the annual growth percentage 27 if the board publishes in accordance with section 331.305 a 28 notice of the proposed resolution that includes the proposed 29 annual growth percentage, the purposes for which the additional 30 property tax revenue will be used, and the time and place of a 31 public meeting at which the board proposes to take action on 32 the resolution. At the meeting, and before approval of the 33 resolution, the board shall receive oral or written objections 34 from any resident or property owner of the county. After all 35 -8- LSB 2777SV (2) 88 md/jh 8/ 34
S.F. 634 objections have been received and considered, the board may 1 either take action on the resolution or vote to abandon the 2 resolution. 3 (2) If at any time within twenty days after the meeting 4 under subparagraph (1), a petition is filed with the county 5 auditor signed by eligible electors of the county equal in 6 number to the lesser of one thousand or ten percent of the 7 persons in the county who voted for the office of president 8 of the United States at the last preceding general election 9 that had such office on the ballot, asking that the question of 10 increasing the annual growth percentage under this paragraph 11 “c” be submitted to the registered voters of the county, the 12 board shall either vote to abandon the resolution or shall 13 direct the county commissioner of elections to call a special 14 election upon the question. If, however, a valid petition 15 is filed under this subsection and the notice requirement of 16 subparagraph (3) cannot be satisfied, the board shall declare 17 the proposal to be abandoned. 18 (3) The special election, if called, is subject to the 19 following: 20 (a) The board must give at least thirty-two days’ notice 21 to the county commissioner of elections that the special 22 election is to be held. In no case, however, shall a notice be 23 given to the county commissioner of elections after December 24 31 for an election on a proposition to increase the annual 25 growth percentage under this paragraph “c” for the fiscal year 26 beginning in the next calendar year. 27 (b) The proposition is approved if it receives a favorable 28 majority of the votes cast on the proposition. 29 (c) The canvass shall be held beginning at 1:00 p.m. on 30 the second day which is not a holiday following the special 31 election. Notice of the special election shall be published at 32 least once in a newspaper as specified in section 331.305 prior 33 to the date of the special election. 34 d. Each notice published under this subsection and the 35 -9- LSB 2777SV (2) 88 md/jh 9/ 34
S.F. 634 ballot for an election held under paragraph “c” shall include 1 the applicable property tax levy rate for the current fiscal 2 year, the applicable property tax levy rate for the budget 3 year if the annual growth percentage is zero percent, and the 4 applicable property tax levy rate if the proposed annual growth 5 percentage is adopted by resolution or approved at election, 6 as applicable. 7 7. The department of management, in consultation with the 8 county finance committee, shall adopt rules to administer this 9 section. The department shall prescribe forms to be used by 10 counties when making calculations required by this section. 11 Sec. 12. NEW SECTION . 331.423A Retirement system expenses 12 —— levy. 13 1. To the extent that the general county services levy under 14 section 331.423, subsection 3, paragraph “b” , is insufficient 15 to meet the county’s needs for retirement expenses under 16 chapter 97B or other pension or retirement systems that are 17 associated with salaries for general county services, the board 18 may certify a levy each year in an amount necessary to meet 19 those needs. 20 2. To the extent that the rural county services levy under 21 section 331.423, subsection 3, paragraph “c” , is insufficient 22 to meet the county’s needs for retirement expenses under 23 chapter 97B or other pension or retirement systems that are 24 associated with salaries for rural county services, the board 25 may certify a levy each year in an amount necessary to meet 26 those needs. 27 3. The amounts certified for levy under this section shall 28 be credited to the general fund or rural services fund, as 29 applicable, but are not subject to the limitation on property 30 tax dollars for general county services or rural county 31 services under section 331.423. 32 Sec. 13. Section 331.424A, subsection 6, Code 2019, is 33 amended to read as follows: 34 6. For each fiscal year, the county shall certify a levy 35 -10- LSB 2777SV (2) 88 md/jh 10/ 34
S.F. 634 for payment of services. For each fiscal year, county revenues 1 from taxes imposed by the county credited to the county 2 services fund shall not exceed an amount equal to the county 3 budgeted amount for the fiscal year. A levy certified under 4 this section is not subject to the appeal provisions of section 5 331.426 or to any other provision in law authorizing a county 6 to exceed, increase, or appeal a property tax levy limit. 7 Sec. 14. Section 331.427, subsection 3, paragraph l, Code 8 2019, is amended to read as follows: 9 l. Services listed in section 331.424, subsection 1 , Code 10 2019, and section 331.554 . 11 Sec. 15. Section 331.428, subsection 2, paragraph d, Code 12 2019, is amended to read as follows: 13 d. Services listed under section 331.424, subsection 2 , Code 14 2019 . 15 Sec. 16. Section 331.429, subsection 1, paragraphs a and b, 16 Code 2019, are amended to read as follows: 17 a. Transfers from the general fund not to exceed in any year 18 the dollar equivalent of a tax of sixteen and seven-eighths 19 cents per thousand dollars of assessed value on all taxable 20 property in the county multiplied by the ratio of current 21 taxes actually collected and apportioned for the general basic 22 county services levy to the total general basic county services 23 levy for the current year, and an amount equivalent to the 24 moneys derived by the general fund from military service tax 25 credits under chapter 426A , manufactured or mobile home taxes 26 under section 435.22 , and delinquent taxes for prior years 27 collected and apportioned to the general basic county services 28 fund in the current year, multiplied by the ratio of sixteen 29 and seven-eighths cents to three dollars and fifty cents. 30 The limit on transfers in this paragraph applies only to 31 property tax revenue and is not a limit on transfers of revenue 32 generated from sources other than property taxes. 33 b. Transfers from the rural services fund not to exceed in 34 any year the dollar equivalent of a tax of three dollars and 35 -11- LSB 2777SV (2) 88 md/jh 11/ 34
S.F. 634 three-eighths cents per thousand dollars of assessed value on 1 all taxable property not located within the corporate limits 2 of a city in the county multiplied by the ratio of current 3 taxes actually collected and apportioned for the rural county 4 services basic levy to the total rural county services basic 5 levy for the current year and an amount equivalent to the 6 moneys derived by the rural services fund from military service 7 tax credits under chapter 426A , manufactured or mobile home 8 taxes under section 435.22 , and delinquent taxes for prior 9 years collected and apportioned to the rural county services 10 basic fund in the current year, multiplied by the ratio of 11 three dollars and three-eighths cents to three dollars and 12 ninety-five cents. The limit on transfers in this paragraph 13 applies only to property tax revenue and is not a limit on 14 transfers of revenue generated from sources other than property 15 taxes. 16 Sec. 17. Section 331.434, unnumbered paragraph 1, Code 17 2019, is amended to read as follows: 18 Annually, the board of each county, subject to section 19 331.403, subsection 4 , sections 331.423 through 331.426 , 20 331.423A, 331.424A, 331.424B, and 331.424C , and other 21 applicable state law, shall prepare and adopt a budget, certify 22 taxes, and provide appropriations as follows: 23 Sec. 18. Section 331.434, subsection 7, Code 2019, is 24 amended to read as follows: 25 7. Taxes levied by a county whose budget is certified after 26 March 15 shall be limited to the prior year’s budget amount. 27 However, this penalty may be waived by the director of the 28 department of management if the county demonstrates that the 29 March 15 deadline was missed because of circumstances beyond 30 the control of the county or as the result of an election held 31 under section 331.423, subsection 6 . 32 Sec. 19. Section 331.435, unnumbered paragraph 1, Code 33 2019, is amended to read as follows: 34 The board may amend the adopted county budget, subject to 35 -12- LSB 2777SV (2) 88 md/jh 12/ 34
S.F. 634 sections 331.423 through 331.426 , 331.423A, 331.424A, 331.424B, 1 and 331.424C and other applicable state law, to permit 2 increases in any class of proposed expenditures contained in 3 the budget summary published under section 331.434, subsection 4 3 . 5 Sec. 20. Section 364.25, Code 2019, is amended to read as 6 follows: 7 364.25 Retiree health care. 8 A city may provide health or medical insurance coverage or 9 supplemental health or medical insurance coverage to retired 10 employees of the city. A city providing health or medical 11 insurance coverage pursuant to this section may establish such 12 requirements or restrictions concerning the coverage provided 13 as the city may adopt. If coverage is provided, the cost of the 14 health or medical insurance coverage may be paid from moneys 15 held in a trust and agency fund established pursuant to section 16 384.6 , or out of an appropriation from the city general fund 17 for this purpose. 18 Sec. 21. Section 373.10, Code 2019, is amended to read as 19 follows: 20 373.10 Taxing authority. 21 The metropolitan council shall have the authority to 22 levy city taxes to the extent the city tax levy authority 23 is transferred by the charter to the metropolitan council. 24 A member city shall transfer a portion of the city’s tax 25 levy authorized under section 384.1 or 384.12 , whichever is 26 applicable, to the metropolitan council. The maximum rates 27 amount of taxes authorized to be levied under sections section 28 384.1 and the taxes authorized to be levied under section 29 384.12 by a member city shall be reduced by an amount equal to 30 the rates of the same or similar taxes levied in the city by the 31 metropolitan council. 32 Sec. 22. Section 384.1, Code 2019, is amended by striking 33 the section and inserting in lieu thereof the following: 34 384.1 Property tax dollars —— maximum. 35 -13- LSB 2777SV (2) 88 md/jh 13/ 34
S.F. 634 1. A city shall certify taxes to be levied by the city 1 on all taxable property within the city limits, for all city 2 government purposes. Annually, the city council may certify 3 a basic levy for city government purposes, subject to the 4 limitation on property tax dollars provided in this section. 5 2. For purposes of this section, unless the context 6 otherwise requires: 7 a. “Annual growth factor” means the annual growth percentage 8 determined under subsection 7 plus one hundred percent. 9 b. “Boundary adjustment” means annexation, severance, 10 incorporation, or discontinuance as those terms are defined in 11 section 368.1. 12 c. “Budget year” is the fiscal year beginning during the 13 calendar year in which a budget is certified. 14 d. “Current fiscal year” is the fiscal year ending during 15 the calendar year in which a budget is certified. 16 e. “Effective property tax rate” means the property tax 17 rate per one thousand dollars of assessed value and is equal 18 to one thousand multiplied by the quotient of the product of 19 the current fiscal year’s actual property tax dollars certified 20 for levy multiplied by the annual growth factor divided by the 21 difference of the total assessed value used to calculate taxes 22 for the budget year minus the net new valuation for the budget 23 year. 24 f. “Net new valuation” means the net increase from the 25 current fiscal year to the budget year in assessed valuation 26 due to the following, the amount of each as certified by the 27 county auditor to the department of management by January 28 1 preceding the applicable fiscal year, excluding amounts 29 attributable to a valuation release: 30 (1) New construction. 31 (2) Additions or improvements to existing structures that 32 are not normal and necessary repairs under section 441.21, 33 subsection 8. 34 (3) Net boundary adjustment. 35 -14- LSB 2777SV (2) 88 md/jh 14/ 34
S.F. 634 (4) A municipality no longer dividing tax revenues in an 1 urban renewal area as provided in section 403.19 or a community 2 college no longer dividing revenues as provided in section 3 260E.4. 4 (5) That portion of taxable property located in an urban 5 revitalization area on which an exemption was allowed and such 6 exemption has expired. 7 (6) New exemptions for existing properties and the 8 expiration or removal of property exemptions. 9 g. “Net new valuation taxes” means an amount equal to 10 the effective property tax rate for the city general fund 11 multiplied by net new valuation for the budget year. 12 h. “Valuation release” means the valuation that is released 13 in any one year from either a division of revenue under section 14 260E.4 or an urban renewal area for which taxes were being 15 divided under section 403.19 if the property for the valuation 16 being released remains subject to the division of revenue under 17 section 260E.4 or remains part of the urban renewal area that 18 is subject to a division of revenue under section 403.19. 19 3. a. For the fiscal year beginning July 1, 2020, and 20 subsequent fiscal years, the maximum amount of property 21 tax dollars which may be certified for levy by a city for 22 the general fund shall be the maximum property tax dollars 23 calculated under paragraph “b” . The amount of property tax 24 dollars calculated under this subsection and determined under 25 subsection 4 includes those amounts received by the city as 26 replacement taxes under chapter 437A or 437B. 27 b. The maximum property tax dollars that may be levied for 28 deposit in the general fund is an amount equal to the sum of the 29 following minus the amount certified for levy within the city 30 under sections 28E.22 and 28M.5: 31 (1) The annual growth factor times the current fiscal year’s 32 actual property tax dollars certified for levy for the general 33 fund. 34 (2) The amount of net new valuation taxes in the city. 35 -15- LSB 2777SV (2) 88 md/jh 15/ 34
S.F. 634 4. a. For purposes of calculating maximum property tax 1 dollars for the city general fund for the fiscal year beginning 2 July 1, 2020, only, the term “current fiscal year’s actual 3 property tax dollars” shall mean the sum of the total amount 4 of property tax dollars certified by the city for the city’s 5 general fund under section 384.1, Code 2019, plus the total 6 amount of property tax dollars certified for the city’s trust 7 and agency fund under section 384.6, subsection 1, Code 2019, 8 but excluding that portion of the amounts certified for the 9 payment of benefits under chapter 97B, chapter 411, chapter 10 412, or other pension or retirement systems, for the city’s 11 emergency fund under section 384.8, Code 2019, for the levies 12 authorized under section 384.12, subsections 8, 10, 11, 12, 13, 13 17, and 21, Code 2019, and certified for levy within the city 14 under sections 28E.22 and 28M.5 for the fiscal year beginning 15 July 1, 2018, or the fiscal year beginning July 1, 2019, 16 whichever is greater. 17 b. For purposes of calculating maximum property tax dollars 18 for a fiscal year beginning on or after July 1, 2021, a city 19 for which the city’s taxes were not certified back by the 20 department of management under section 24.17 for the current 21 fiscal year due to an act or omission of the city, the current 22 fiscal year’s actual property tax dollars certified for levy 23 shall be equal to the amount certified for levy for the fiscal 24 year immediately preceding the current fiscal year or the 25 amount under paragraph “a” , if applicable. 26 5. Property taxes certified for retirement and pension 27 expenses in section 384.3B, deposit in the debt service fund 28 in section 384.4, capital improvements reserve fund in section 29 384.7, any capital projects fund established by the city for 30 deposit of bond, loan, or note proceeds, and property taxes 31 collected from a levy in section 384.12, are not counted 32 against the maximum amount of property tax dollars that may be 33 certified for a budget year under subsection 3. 34 6. Notwithstanding the maximum amount of taxes a city 35 -16- LSB 2777SV (2) 88 md/jh 16/ 34
S.F. 634 may certify for levy, the tax levied by a city on tracts of 1 land and improvements on the tracts of land used and assessed 2 for agricultural or horticultural purposes shall not exceed 3 three dollars and three-eighths cents per thousand dollars 4 of assessed value in any year. Improvements located on such 5 tracts of land and not used for agricultural or horticultural 6 purposes and all residential dwellings are subject to the same 7 rate of tax levied by the city on all other taxable property 8 within the city. 9 7. a. Except as provided in this subsection, the annual 10 growth percentage for each city for each fiscal year beginning 11 on or after July 1, 2020, is zero percent. 12 b. The city council may, by resolution, annually approve 13 an annual growth percentage in excess of the percentage in 14 paragraph “a” , but not to exceed two percent, if the council 15 publishes in accordance with section 362.3 a notice of the 16 proposed resolution that includes the proposed annual growth 17 percentage, the purposes for which the additional property 18 tax revenue will be used, and the time and place of a public 19 meeting at which the council proposes to take action on 20 the resolution. At the meeting, and before approval of 21 the resolution, the council shall receive oral or written 22 objections from any resident or property owner of the city. 23 After all objections have been received and considered, the 24 council may either take action on the resolution or vote to 25 abandon the resolution. 26 c. (1) Following approval of a resolution under paragraph 27 “b” that establishes an annual growth percentage of two percent, 28 the city council may, by a separate resolution approved 29 by a two-thirds majority of the council, approve up to one 30 additional percentage point for the annual growth percentage 31 if the council publishes in accordance with section 362.3 a 32 notice of the proposed resolution that includes the proposed 33 annual growth percentage, the purposes for which the additional 34 property tax revenue will be used, and the time and place of 35 -17- LSB 2777SV (2) 88 md/jh 17/ 34
S.F. 634 a public meeting at which the council proposes to take action 1 on the resolution. At the meeting, and before approval of 2 the resolution, the council shall receive oral or written 3 objections from any resident or property owner of the city. 4 After all objections have been received and considered, the 5 council may either take action on the resolution or vote to 6 abandon the resolution. 7 (2) If at any time within twenty days after the meeting 8 under subparagraph (1), a petition is filed with the city clerk 9 signed by eligible electors of the city equal in number to the 10 lesser of one thousand or ten percent of the persons in the 11 city who voted for the office of president of the United States 12 at the last preceding general election that had such office on 13 the ballot, asking that the question of increasing the annual 14 growth percentage under this paragraph “c” be submitted to the 15 registered voters of the city, the council shall either vote to 16 abandon the resolution or shall direct the county commissioner 17 of elections to call a special election upon the question. If, 18 however, a valid petition is filed under this subsection and 19 the notice requirement of subparagraph (3) cannot be satisfied, 20 the council shall declare the proposal to be abandoned. 21 (3) The special election, if called, is subject to the 22 following: 23 (a) The city council must give at least thirty-two days’ 24 notice to the county commissioner of elections that the special 25 election is to be held. In no case, however, shall a notice be 26 given to the county commissioner of elections after December 27 31 for an election on a proposition to increase the annual 28 growth percentage under this paragraph “c” for the fiscal year 29 beginning in the next calendar year. 30 (b) The proposition is approved if it receives a favorable 31 majority of the votes cast on the proposition. 32 (c) The canvass shall be held beginning at 1:00 p.m. on 33 the second day which is not a holiday following the special 34 election. Notice of the special election shall be published at 35 -18- LSB 2777SV (2) 88 md/jh 18/ 34
S.F. 634 least once in a newspaper as specified in section 362.3 prior 1 to the date of the special election. 2 d. Each notice published under this subsection and the 3 ballot for an election held under paragraph “c” shall include 4 the property tax levy rate per one thousand dollars for 5 the current fiscal year, the property tax levy rate for the 6 budget year if the annual growth percentage is zero percent, 7 and the property tax levy rate if the proposed annual growth 8 percentage is adopted by resolution or approved at election, 9 as applicable. 10 8. The department of management, in consultation with the 11 city finance committee, shall adopt rules to administer this 12 section. The department shall prescribe forms to be used by 13 cities when making calculations required by this section. 14 Sec. 23. Section 384.3, Code 2019, is amended to read as 15 follows: 16 384.3 General fund. 17 All moneys received for city government purposes from 18 taxes and other sources must be credited to the general fund 19 of the city, except that moneys received for the purposes 20 of the debt service fund, the trust and agency funds, the 21 capital improvements reserve fund, the emergency fund and other 22 funds established by state law must be deposited as otherwise 23 required or authorized by state law. All moneys received by 24 a city from the federal government must be reported to the 25 department of management who shall transmit a copy to the 26 legislative services agency. 27 Sec. 24. NEW SECTION . 384.3B Retirement system expenses 28 —— levy. 29 1. To the extent that the city’s basic levy for city 30 government purposes under section 384.1, subsection 3, is 31 insufficient to meet the city’s needs for retirement expenses 32 under chapter 97B, chapter 411, chapter 412, or other pension 33 or retirement systems that are associated with salaries of the 34 city’s employees, including the types of retirement or pension 35 -19- LSB 2777SV (2) 88 md/jh 19/ 34
S.F. 634 expenses authorized for payment by cities under section 384.6, 1 subsection 1, Code 2019, the council may certify a levy each 2 year in an amount necessary to meet those needs. 3 2. The amounts certified for levy under this section shall 4 be credited to the general fund of the city, but are not 5 subject to the city’s basic levy limitation on property tax 6 dollars for city government purposes under section 384.1. 7 Sec. 25. Section 384.6, Code 2019, is amended to read as 8 follows: 9 384.6 Trust and agency funds. 10 A city may establish trust and agency funds for the following 11 purposes: 12 1. Accounting for pension and related employee benefit 13 funds as provided by the city finance committee. A city may 14 certify taxes to be levied for a trust and agency fund in the 15 amount necessary to meet its obligations. 16 a. A city may make contributions to a retirement system 17 other than the Iowa public employees’ retirement system for 18 its city manager, or city administrator performing the duties 19 of city manager, in an annual amount not to exceed the amount 20 that would have been contributed by the employer under section 21 97B.11 . 22 b. If a police chief or fire chief has submitted a 23 written request to the board of trustees to be exempt from 24 chapter 411 , authorized in section 411.3, subsection 1 , a 25 city shall make contributions for the chief, in an amount 26 not to exceed the amount that would have been contributed by 27 the city under section 411.8, subsection 1 , paragraph “a” , 28 to the international city management association retirement 29 corporation. 30 c. A city which has contracted with another city or 31 governmental entity for the provision of public safety 32 services, including but not limited to police protection, 33 fire protection, ambulance, or hazardous materials response, 34 may, pursuant to contract, make contributions for pension and 35 -20- LSB 2777SV (2) 88 md/jh 20/ 34
S.F. 634 related employee benefits for personnel of the other city or 1 governmental entity providing such services to the city. The 2 city may make such contributions in an annual amount not to 3 exceed the amount of contributions for pension and related 4 employee benefits that would otherwise be paid by the other 5 city or governmental entity for such personnel. 6 2. 1. Accounting for gifts received by the city for a 7 particular purpose. 8 3. 2. Accounting for money and property received and 9 handled by the city as trustee or custodian or in the capacity 10 of an agent. 11 Sec. 26. Section 384.12, subsections 8, 10, 11, 12, 13, 17, 12 and 21, Code 2019, are amended by striking the subsections. 13 Sec. 27. Section 384.12, subsection 19, unnumbered 14 paragraph 1, Code 2019, is amended to read as follows: 15 A tax that exceeds any tax levy limit within this chapter 16 other than the limitation established pursuant to section 17 384.1 , provided the question has been submitted at a special 18 levy election and received a simple majority of the votes cast 19 on the proposition to authorize the enumerated levy limit to be 20 exceeded for the proposed budget year. 21 Sec. 28. Section 384.15, subsection 1, Code 2019, is amended 22 to read as follows: 23 1. Promulgate rules relating to budget amendments and the 24 procedures for transferring moneys between funds, and other 25 rules necessary or desirable in order to exercise its powers 26 and perform its duties, including rules necessary to implement 27 section 384.6, subsection 1 384.3B . The committee’s rules are 28 subject to chapter 17A as applicable. 29 Sec. 29. Section 384.16, subsection 6, Code 2019, is amended 30 to read as follows: 31 6. Taxes levied by a city whose budget is certified after 32 March 15 shall be limited to the prior year’s budget amount. 33 However, this penalty may be waived by the director of the 34 department of management if the city demonstrates that the 35 -21- LSB 2777SV (2) 88 md/jh 21/ 34
S.F. 634 March 15 deadline was missed because of circumstances beyond 1 the control of the city or as the result of an election held 2 under section 384.1, subsection 7 . 3 Sec. 30. Section 384.18, subsection 1, paragraph c, Code 4 2019, is amended to read as follows: 5 c. To permit transfers from the debt service fund, the 6 capital improvements reserve fund, the emergency fund, or other 7 funds established by state law, to any other city fund, unless 8 specifically prohibited by state law. 9 Sec. 31. Section 384.110, Code 2019, is amended to read as 10 follows: 11 384.110 Insurance, self-insurance, and risk pooling funds. 12 A city may credit funds to a fund or funds for the purposes 13 authorized by section 364.4, subsection 5 ; section 384.12, 14 subsection 17 ; or section 384.24, subsection 3 , paragraph “s” . 15 Moneys credited to the fund or funds, and interest earned on 16 such moneys, shall remain in the fund or funds until expended 17 for purposes authorized by section 364.4, subsection 5 ; 18 section 384.12, subsection 17 ; or section 384.24, subsection 19 3 , paragraph “s” . 20 Sec. 32. Section 386.8, Code 2019, is amended to read as 21 follows: 22 386.8 Operation tax. 23 A city may establish a self-supported improvement district 24 operation fund, and may certify taxes not to exceed the 25 rate limitation as established in the ordinance creating the 26 district, or any amendment thereto, each year to be levied 27 for the fund against all of the property in the district, 28 for the purpose of paying the administrative expenses of 29 the district, which may include but are not limited to 30 administrative personnel salaries, a separate administrative 31 office, planning costs including consultation fees, engineering 32 fees, architectural fees, and legal fees and all other expenses 33 reasonably associated with the administration of the district 34 and the fulfilling of the purposes of the district. The taxes 35 -22- LSB 2777SV (2) 88 md/jh 22/ 34
S.F. 634 levied for this fund may also be used for the purpose of paying 1 maintenance expenses of improvements or self-liquidating 2 improvements for a specified length of time with one or more 3 options to renew if such is clearly stated in the petition 4 which requests the council to authorize construction of the 5 improvement or self-liquidating improvement, whether or not 6 such petition is combined with the petition requesting creation 7 of a district. Parcels of property which are assessed as 8 residential property for property tax purposes are exempt from 9 the tax levied under this section except residential properties 10 within a duly designated historic district. A tax levied under 11 this section is not subject to the levy limitation in section 12 384.1 . 13 Sec. 33. Section 386.9, Code 2019, is amended to read as 14 follows: 15 386.9 Capital improvement tax. 16 A city may establish a capital improvement fund for a 17 district and may certify taxes, not to exceed the rate 18 established by the ordinance creating the district, or any 19 subsequent amendment thereto, each year to be levied for 20 the fund against all of the property in the district, for 21 the purpose of accumulating moneys for the financing or 22 payment of a part or all of the costs of any improvement or 23 self-liquidating improvement. However, parcels of property 24 which are assessed as residential property for property tax 25 purposes are exempt from the tax levied under this section 26 except residential properties within a duly designated historic 27 district. A tax levied under this section is not subject to 28 the levy limitations in section 384.1 or 384.7 . 29 Sec. 34. Section 400.8, subsection 1, Code 2019, is amended 30 to read as follows: 31 1. The commission, when necessary under the rules, 32 including minimum and maximum age limits, which shall be 33 prescribed and published in advance by the commission and 34 posted in the city hall, shall hold examinations for the 35 -23- LSB 2777SV (2) 88 md/jh 23/ 34
S.F. 634 purpose of determining the qualifications of applicants 1 for positions under civil service, other than promotions, 2 which examinations shall be practical in character and shall 3 relate to matters which will fairly test the mental and 4 physical ability of the applicant to discharge the duties of 5 the position to which the applicant seeks appointment. The 6 physical examination of applicants for appointment to the 7 positions of police officer, police matron, or fire fighter 8 shall be held in accordance with medical protocols established 9 by the board of trustees of the fire and police retirement 10 system established by section 411.5 and shall be conducted 11 in accordance with the directives of the board of trustees. 12 However, the prohibitions of section 216.6, subsection 1 , 13 paragraph “d” , regarding tests for the presence of the antibody 14 to the human immunodeficiency virus shall not apply to such 15 examinations. The board of trustees may change the medical 16 protocols at any time the board so determines. In the event of 17 a conflict between the medical protocols established under this 18 section and the minimum entrance requirements of the Iowa law 19 enforcement academy under section 80B.11 , the medical protocols 20 established under this section shall control. The physical 21 examination of an applicant for the position of police officer, 22 police matron, or fire fighter shall be conducted after a 23 conditional offer of employment has been made to the applicant. 24 An applicant shall not be discriminated against on the basis 25 of height, weight, sex, or race in determining physical or 26 mental ability of the applicant. Reasonable rules relating to 27 strength, agility, and general health of applicants shall be 28 prescribed. The costs of the physical examination required 29 under this subsection shall be paid from the trust and agency 30 general fund of the city. 31 Sec. 35. Section 411.6, subsection 5, paragraph b, Code 32 2019, is amended to read as follows: 33 b. If a member in service or the chief of the police or 34 fire departments becomes incapacitated for duty as a natural 35 -24- LSB 2777SV (2) 88 md/jh 24/ 34
S.F. 634 or proximate result of an injury or disease incurred in or 1 aggravated by the actual performance of duty at some definite 2 time or place or while acting, pursuant to order, outside the 3 city by which the member is regularly employed, the member, 4 upon being found to be temporarily incapacitated following a 5 medical examination as directed by the city, is entitled to 6 receive the member’s full pay and allowances from the city’s 7 general fund or trust and agency fund until reexamined as 8 directed by the city and found to be fully recovered or until 9 the city determines that the member is likely to be permanently 10 disabled. If the temporary incapacity of a member continues 11 more than sixty days, or if the city expects the incapacity 12 to continue more than sixty days, the city shall notify the 13 system of the temporary incapacity. Upon notification by a 14 city, the system may refer the matter to the medical board for 15 review and consultation with the member’s treating physician 16 during the temporary incapacity. Except as provided by this 17 paragraph, the board of trustees of the statewide system has no 18 jurisdiction over these matters until the city determines that 19 the disability is likely to be permanent. 20 Sec. 36. Section 411.15, Code 2019, is amended to read as 21 follows: 22 411.15 Hospitalization and medical attention. 23 Cities shall provide hospital, nursing, and medical 24 attention for the members of the police and fire departments 25 of the cities, when injured while in the performance of their 26 duties as members of such department, and shall continue to 27 provide hospital, nursing, and medical attention for injuries 28 or diseases incurred while in the performance of their duties 29 for members receiving a retirement allowance under section 30 411.6, subsection 6 . Cities may fund the cost of the hospital, 31 nursing, and medical attention required by this section through 32 the purchase of insurance, by self-insuring the obligation, or 33 through payment of moneys into a local government risk pool 34 established for the purpose of covering the costs associated 35 -25- LSB 2777SV (2) 88 md/jh 25/ 34
S.F. 634 with the requirements of this section . However, the cost of 1 the hospital, nursing, and medical attention required by this 2 section shall not be funded through an employee-paid health 3 insurance policy. The cost of the hospital, nursing, and 4 medical attention required by this section shall be paid from 5 moneys held in a trust and agency fund established pursuant 6 to section 384.6 , the city’s general fund or out of the 7 appropriation for the department to which the injured person 8 belongs or belonged; provided that any amounts received by 9 the injured person from any other source for such specific 10 purposes, shall be deducted from the amount paid by the city 11 under the provisions of this section . 12 Sec. 37. Section 441.45, Code 2019, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. The county assessor of each county and 15 each city assessor shall, at the same time as the transmission 16 of the abstract to the department of revenue under this 17 section, transmit to the county auditor an abstract containing 18 the information required under subsection 1 by taxing district. 19 Sec. 38. REPEAL. Sections 331.424, 331.425, 331.426, and 20 384.8, Code 2019, are repealed. 21 Sec. 39. APPLICABILITY. This division of this Act applies 22 to fiscal years beginning on or after July 1, 2020. 23 DIVISION II 24 PROPERTY TAX SYSTEM ADVISORY GROUP 25 Sec. 40. NEW SECTION . 421.1B Property tax system advisory 26 group created —— duties. 27 1. The director of revenue shall establish a property tax 28 system advisory group to comprehensively analyze the existing 29 property tax laws, rules, programs, and systems of this state, 30 including but not limited to the statutory changes contained in 31 this Act, classification of property, assessment limitations, 32 property valuation methodologies, property tax credits and 33 exemptions for low-income and elderly property owners, and the 34 methodologies of calculating property tax rates. Based on the 35 -26- LSB 2777SV (2) 88 md/jh 26/ 34
S.F. 634 analysis, the advisory group shall annually provide input, 1 feedback, and recommendations to the department of revenue and 2 to the general assembly. Recommendations made by the advisory 3 group shall focus on reforms that will increase transparency 4 and fairness and reforms that will simplify property tax 5 systems. Recommendations of the advisory group may include 6 statutory changes, administrative rule changes, or governmental 7 subdivision policy and implementation changes. 8 2. The property tax system advisory group established by 9 the director of revenue shall include, at a minimum, all of the 10 following members: 11 a. One member from an association representing Iowa 12 counties. 13 b. One member from an association representing Iowa cities. 14 c. One member from an association representing boards of 15 directors of Iowa public schools. 16 d. One member from an association representing agricultural 17 property taxpayers. 18 e. One member from an association representing industrial 19 property taxpayers. 20 f. One member who is a residential property taxpayer. 21 g. The director of the department of management or an 22 employee of the department of management designated by the 23 director of the department of management. 24 h. The director of revenue or an employee of the department 25 of revenue designated by the director of revenue. 26 i. The director of the economic development authority or 27 an employee of the authority designated by the director of the 28 economic development authority. 29 j. One member from an association representing county and 30 city assessors of this state. 31 3. a. The department of revenue, in consultation with the 32 department of management, shall provide staffing assistance to 33 the advisory group. 34 b. The advisory group shall adopt rules relating to its 35 -27- LSB 2777SV (2) 88 md/jh 27/ 34
S.F. 634 procedures and meetings under the general supervision of the 1 director of revenue. 2 4. The activities of the advisory group, including all 3 recommendations adopted, shall be included in an annual report. 4 The first such report shall be submitted to the department of 5 revenue and the general assembly no later than January 1, 2020, 6 with subsequent reports developed and submitted by January 1 7 each year thereafter until January 1, 2025. 8 Sec. 41. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 DIVISION III 11 ELDERLY PROPERTY TAX CREDIT 12 Sec. 42. Section 425.1, subsection 1, paragraph a, Code 13 2019, is amended to read as follows: 14 a. A homestead credit fund is created. There is 15 appropriated annually from the general fund of the state to 16 the department of revenue to be credited to the homestead 17 credit fund, an amount sufficient to implement this chapter 18 subchapter . 19 Sec. 43. Section 425.17, subsection 2, Code 2019, is amended 20 to read as follows: 21 2. a. “Claimant” means either any of the following: 22 (1) A person either filing a claim for credit or 23 reimbursement under this subchapter who has attained the age 24 of sixty-five years on or before December 31 of the base year 25 or who is totally disabled and was totally disabled on or 26 before December 31 of the base year or filing a claim for 27 reimbursement under this subchapter who has attained the age of 28 sixty-five years on or before December 31 of the base year and 29 who is domiciled in this state at the time the claim is filed or 30 at the time of the person’s death in the case of a claim filed 31 by the executor or administrator of the claimant’s estate. 32 (2) A person filing a claim for credit or reimbursement 33 under this subchapter who has attained the age of twenty-three 34 years on or before December 31 of the base year or was a head 35 -28- LSB 2777SV (2) 88 md/jh 28/ 34
S.F. 634 of household on December 31 of the base year, as defined in 1 the Internal Revenue Code, but has not attained the age or 2 disability status described in paragraph “a” , subparagraph (1) 3 or the age status and eligibility criteria of subparagraph (3) , 4 and is domiciled in this state at the time the claim is filed or 5 at the time of the person’s death in the case of a claim filed 6 by the executor or administrator of the claimant’s estate, and 7 was not claimed as a dependent on any other person’s tax return 8 for the base year. 9 (3) A person filing a claim for credit under this subchapter 10 who has attained the age of sixty-five years on or before 11 December 31 of the base year, who has a household income of 12 less than two hundred fifty percent of the federal poverty 13 level, as defined by the most recently revised poverty income 14 guidelines published by the United States department of health 15 and human services, and is domiciled in this state at the time 16 the claim is filed or at the time of the person’s death in the 17 case of a claim filed by the executor or administrator of the 18 claimant’s estate. 19 b. “Claimant” under paragraph “a” , subparagraph (1) or (2), 20 includes a vendee in possession under a contract for deed and 21 may include one or more joint tenants or tenants in common. 22 In the case of a claim for rent constituting property taxes 23 paid, the claimant shall have rented the property during any 24 part of the base year. In the case of a claim for property 25 taxes due, the claimant shall have occupied the property during 26 any part of the fiscal year beginning July 1 of the base year. 27 If a homestead is occupied by two or more persons, and more 28 than one person is able to qualify as a claimant, the persons 29 may each file a claim based upon each person’s income and rent 30 constituting property taxes paid or property taxes due. 31 Sec. 44. Section 425.23, subsection 1, Code 2019, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . c. The tentative credit for a claimant 34 described in section 425.17, subsection 2, paragraph “a” , 35 -29- LSB 2777SV (2) 88 md/jh 29/ 34
S.F. 634 subparagraph (3), shall be the greater of the following: 1 (1) The amount of the credit under the schedule specified in 2 paragraph “a” of this subsection if the claimant was a claimant 3 as defined in section 425.17, subsection 2, paragraph “a” , 4 subparagraph (1), filing for a credit under paragraph “a” of 5 this subsection. 6 (2) The difference between the actual amount of property 7 taxes due on the homestead during the fiscal year next 8 following the base year minus the actual amount of property 9 taxes due on the homestead during the first fiscal year for 10 which the claimant filed a claim for a credit calculated under 11 this paragraph “c” and for which the property taxes due on the 12 homestead were calculated on an assessed valuation that was 13 not a partial assessment and if the claimant has filed for the 14 credit calculated under this paragraph “c” for each of the 15 subsequent fiscal years after the first credit claimed. 16 Sec. 45. Section 425.23, subsection 4, paragraph a, Code 17 2019, is amended to read as follows: 18 a. For the base year beginning in the 1999 calendar year 19 and for each subsequent base year, the dollar amounts set 20 forth in subsections subsection 1 , paragraphs “a” and “b” , and 21 subsection 3 shall be multiplied by the cumulative adjustment 22 factor for that base year. “Cumulative adjustment factor” means 23 the product of the annual adjustment factor for the 1998 base 24 year and all annual adjustment factors for subsequent base 25 years. The cumulative adjustment factor applies to the base 26 year beginning in the calendar year for which the latest annual 27 adjustment factor has been determined. 28 Sec. 46. Section 425.24, Code 2019, is amended to read as 29 follows: 30 425.24 Maximum property tax for purpose of credit or 31 reimbursement. 32 In For claimants under section 425.17, subsection 2, 33 paragraph “a” , subparagraphs (1) and (2), and for the 34 calculation under section 425.23, subsection 1, paragraph “c” , 35 -30- LSB 2777SV (2) 88 md/jh 30/ 34
S.F. 634 subparagraph (2), in any case in which property taxes due or 1 rent constituting property taxes paid for any household exceeds 2 one thousand dollars, the amount of property taxes due or rent 3 constituting property taxes paid shall be deemed to have been 4 one thousand dollars for purposes of this subchapter . 5 Sec. 47. Section 425.39, Code 2019, is amended to read as 6 follows: 7 425.39 Fund created —— appropriation —— priority. 8 The elderly and disabled property tax credit and 9 reimbursement fund is created. There is appropriated annually 10 from the general fund of the state to the department of revenue 11 to be credited to the elderly and disabled property tax credit 12 and reimbursement fund, from funds not otherwise appropriated, 13 an amount sufficient to implement this subchapter for claimants 14 described in section 425.17, subsection 2 , paragraph “a” , 15 subparagraph subparagraphs (1) and (3) . 16 Sec. 48. APPLICABILITY. This division of this Act applies 17 to claims under chapter 425, subchapter II, filed on or after 18 January 1, 2020. 19 DIVISION IV 20 STATE APPRAISAL MANUAL 21 Sec. 49. Section 421.17, subsection 17, Code 2019, is 22 amended to read as follows: 23 17. To prepare and issue a state appraisal manual which each 24 county and city assessor shall use in assessing and valuing all 25 classes of property in the state. The appraisal manual shall 26 be continuously revised and the manual and revisions shall be 27 issued to the county and city assessors in such form and manner 28 as prescribed by the director. Each county and city assessor 29 shall use the most recently issued manual in assessing and 30 valuing all classes of property in the state within two years 31 of the publication date of the most recently issued manual. 32 The department may grant an extension of up to two years to 33 a county or city assessor upon request and demonstration of 34 substantial hardship by an assessor. 35 -31- LSB 2777SV (2) 88 md/jh 31/ 34
S.F. 634 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 Division I of this bill removes the property tax levy rate 4 limitations on the general and rural funds for counties and on 5 the general fund for cities and substitutes a limitation on the 6 maximum amount of property tax dollars that may be certified 7 for expenditure by a county or city for those funds for fiscal 8 years beginning on or after July 1, 2020. The bill specifies 9 various purposes and funds of the city or county that are not 10 subject to the new property tax limitations. For the fiscal 11 year beginning July 1, 2020, and subsequent fiscal years, the 12 maximum amount of property tax dollars which may be certified 13 for levy shall generally be an amount equal to the sum of the 14 prior fiscal year’s actual property tax dollars certified by 15 the county or city multiplied by the annual growth factor, 16 as defined in the bill, plus the amount of net new valuation 17 taxes, as defined in the bill. 18 Under the bill, the annual growth factor is determined by 19 adding the annual growth percentage to 100 percent. Unless a 20 higher annual growth percentage is approved by the applicable 21 county or city, the annual growth percentage for each fiscal 22 year beginning on or after July 1, 2020, is 0 percent. The 23 governing body of the applicable county or city may, by 24 resolution, annually approve an annual growth percentage in 25 excess of 0 but not to exceed 2 percent. Such resolution 26 must be preceded by notice and a hearing where the governing 27 board receives and considers public objections. Additionally, 28 following approval of such a resolution that establishes an 29 annual growth percentage of 2 percent, the governing body may, 30 by a separate resolution approved by a two-thirds majority of 31 the governing body, approve up to one additional percentage 32 point for the annual growth percentage if the governing body 33 complies with the notice and meeting requirements similar to 34 those for the other percentage increase. However, if at any 35 -32- LSB 2777SV (2) 88 md/jh 32/ 34
S.F. 634 time within 20 days after the meeting, a petition is filed that 1 is signed by a specified number of eligible electors, asking 2 that the question of the additional increase in the annual 3 growth percentage be submitted to the registered voters at 4 a special election, the governing body, subject to election 5 notice requirements, is required to either vote to abandon the 6 resolution or shall direct the county commissioner of elections 7 to call a special election upon the question. The proposition 8 is approved if it receives a favorable majority of the votes 9 cast on the proposition. 10 Division I of the bill also makes conforming amendments to 11 other provisions of the Code. 12 Division I of the bill applies to fiscal years beginning on 13 or after July 1, 2020. 14 Division II of the bill directs the director of revenue 15 to establish a property tax system advisory group to 16 comprehensively analyze the existing property tax laws, rules, 17 programs, and systems of this state. Based on the analysis 18 conducted, the advisory group is required to annually provide 19 input, feedback, and recommendations to the department of 20 revenue and to the general assembly. The bill sets the 21 minimum composition requirements for the advisory group. The 22 department of revenue, in consultation with the department 23 of management, is required to provide staffing assistance to 24 the advisory group. The bill requires the activities of the 25 advisory group, including all recommendations adopted, to be 26 included in an annual report. The first such report shall 27 be submitted to the department of revenue and the general 28 assembly no later than January 1, 2020, with subsequent reports 29 developed and submitted by January 1 each year thereafter until 30 January 1, 2025. 31 Division II of the bill takes effect upon enactment. 32 Division III of the bill modifies the eligibility for and 33 the calculation of the amount of the property tax credit for 34 persons ages 65 and older under Code chapter 425, subchapter 35 -33- LSB 2777SV (2) 88 md/jh 33/ 34
S.F. 634 II. 1 Under the bill, a person filing a claim for the property tax 2 credit who is at least 65 years of age and who has a household 3 income of less than 250 percent of the federal poverty level 4 is eligible to receive a credit against property taxes due on 5 the claimant’s homestead. For such a claimant, the tentative 6 credit amount is equal to the greater of the following: (1) 7 the amount of the credit as calculated under the schedule 8 of credit amounts specified in Code section 425.23(1)(a) as 9 if the claimant was an eligible claimant for a credit under 10 that provision; and (2) the difference between the actual 11 amount of property taxes due on the homestead during the 12 applicable fiscal year minus the actual amount of property 13 taxes due on the homestead based on a full assessment during 14 the first fiscal year for which the claimant filed for a credit 15 calculated under the bill and if the claimant has filed for the 16 credit for each of the subsequent fiscal years after the first 17 credit claimed. 18 Division III of the bill applies to claims under Code chapter 19 425, subchapter II, filed on or after January 1, 2020. 20 Division IV relates to the state appraisal manual and the 21 usage of the manual by local assessors. Current law requires 22 the director of revenue to prepare, issue, and revise a state 23 appraisal manual which each county and city assessor shall use 24 in assessing and valuing all classes of property in the state. 25 The bill requires each county and city assessor to use the most 26 recently issued manual in assessing and valuing all classes 27 of property in the state within two years of the publication 28 date of the most recently issued manual. If requested, the 29 department of revenue may grant an extension of up to two years 30 to a county or city assessor upon request and demonstration of 31 substantial hardship. 32 -34- LSB 2777SV (2) 88 md/jh 34/ 34
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