House
File
2480
-
Introduced
HOUSE
FILE
2480
BY
COMMITTEE
ON
ECONOMIC
GROWTH
(SUCCESSOR
TO
HSB
680)
A
BILL
FOR
An
Act
authorizing
creation
of
sales
tax
bonding
districts
and
1
providing
for
the
issuance
of
bonds
secured
by
certain
tax
2
revenues
collected
within
a
district.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
15F.103,
Code
2009,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
Review,
evaluate,
and
approve
proposed
3
and
amended
plans
for
sales
tax
bonding
districts
pursuant
to
4
sections
418.4
and
418.5.
5
Sec.
2.
NEW
SECTION
.
418.1
Short
title.
6
This
chapter
shall
be
known
and
cited
as
“The
Sales
Tax
7
Bonding
Act”
.
8
Sec.
3.
NEW
SECTION
.
418.2
Definitions.
9
For
purposes
of
this
chapter,
unless
the
context
otherwise
10
requires:
11
1.
“Base
year”
means
the
fiscal
year
ending
during
the
12
calendar
year
in
which
an
ordinance
establishing
a
sales
tax
13
bonding
district
is
adopted
pursuant
to
the
provisions
of
this
14
chapter.
15
2.
“Board”
means
the
vision
Iowa
board
created
pursuant
to
16
section
15F.102.
17
3.
“Sales
tax”
means
the
sales
and
services
tax
imposed
18
pursuant
to
section
423.2
or
a
tax
imposed
by
a
municipality
19
upon
the
sales
price
of
the
rental
of
lodging
pursuant
to
20
chapter
423A
or
upon
the
sales
price
of
the
sale
or
rental
of
21
personal
property
and
the
furnishing
of
services
pursuant
to
22
chapter
423B.
23
4.
“Designated
portion”
means
the
amount
of
an
increment
24
that
a
municipality
has
authorized
by
resolution
to
be
expended
25
for
one
or
more
of
the
purposes
described
in
this
chapter.
26
5.
“District”
means
an
area
within
an
eligible
municipality
27
designated
as
a
sales
tax
bonding
district
pursuant
to
section
28
418.4.
29
6.
“Eligible
municipality”
means
a
municipality
meeting
the
30
requirements
of
section
418.3.
31
7.
“Fund”
means
the
sales
tax
increment
fund
created
32
pursuant
to
section
418.7.
33
8.
“Governing
body”
means
the
board
of
supervisors,
city
34
council,
or
other
body
in
which
the
legislative
powers
of
the
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municipality
are
vested.
1
9.
“Increment”
means
the
amount
of
a
district’s
sales
tax
2
receipts
that
is
in
excess
of
the
amount
of
that
district’s
3
sales
tax
receipts
for
the
same
quarter
in
the
base
year,
as
4
calculated
by
the
department
of
revenue
pursuant
to
section
5
418.6.
6
10.
“Lessor”
has
the
same
meaning
as
defined
in
section
7
423A.2.
8
11.
“Lodging”
has
the
same
meaning
as
defined
in
section
9
423A.2.
10
12.
“Municipality”
means
a
county
or
an
incorporated
city.
11
13.
“Project”
means
a
vertical
improvement
to
be
constructed
12
or
improved
within
a
district
financed
pursuant
to
this
13
chapter.
14
14.
“Retail
establishment”
means
a
business
operated
by
a
15
retailer
as
defined
in
section
423.1.
16
15.
“Transportation
infrastructure”
means
structures
and
17
other
improvements
used
to
convey
people
or
goods
from
point
to
18
point
for
purposes
of
commerce
or
recreation
and
includes
but
19
is
not
limited
to
highways,
roads,
streets,
alleys,
railways,
20
and
bike
paths.
21
16.
“Vacant
land”
means
land
in
a
proposed
district
that
is
22
not
occupied
by
a
vertical
improvement.
23
17.
“Vertical
improvement”
means
a
structure
that
is
wholly
24
or
partially
above
ground.
Vertical
improvement
includes
25
buildings
and
other
appurtenant
structures.
26
18.
“Waterway”
means
a
navigable
body
of
water
and
includes
27
but
is
not
limited
to
streams,
rivers,
lakes,
ponds,
and
28
canals.
29
Sec.
4.
NEW
SECTION
.
418.3
Eligible
municipalities.
30
1.
A
municipality
meeting
the
requirements
of
this
section
31
shall
be
eligible
to
establish
a
district
pursuant
to
section
32
418.4
and
to
issue
bonds
pursuant
to
section
418.9.
33
2.
To
be
eligible,
a
municipality
shall
demonstrate
the
34
existence
of
all
of
the
following
conditions:
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a.
An
area
suitable
for
development
exists
within
1
the
boundaries
of
the
municipality.
To
be
suitable
for
2
development,
the
area
shall
meet
all
of
the
following
3
requirements:
4
(1)
The
area
shall
consist
of
four
hundred
or
more
5
contiguous
acres
of
land
that
are
entirely
within
the
6
boundaries
of
the
municipality.
An
area
may
be
bisected
7
by
transportation
infrastructure
or
waterways
and
still
be
8
considered
contiguous.
9
(2)
At
least
ninety
percent
of
the
land
in
the
area
shall
10
be
vacant
land.
11
(3)
The
area
shall
consist
only
of
parcels
of
real
property
12
that
the
governing
body
determines
will
be
directly
and
13
substantially
benefited
by
the
proposed
district.
14
(4)
The
area
shall
not
include
any
part
of
a
quality
15
jobs
enterprise
zone
designated
pursuant
to
section
15A.9
or
16
any
part
of
an
economic
development
enterprise
zone
created
17
pursuant
to
section
15E.192.
18
b.
A
proposed
plan
for
the
district
has
been
developed.
The
19
proposed
plan
shall
meet
the
requirements
of
section
418.4.
20
Sec.
5.
NEW
SECTION
.
418.4
District
establishment.
21
1.
The
governing
body
of
an
eligible
municipality
may
22
by
ordinance
establish
a
district
for
purposes
of
financing
23
projects
pursuant
to
this
chapter.
24
2.
a.
A
municipality
seeking
to
establish
a
district
25
shall
adopt
a
resolution
finding
that
an
area
suitable
for
26
development
exists
within
the
municipality
and
stating
the
27
governing
body’s
intent
to
create
a
sales
tax
bonding
district
28
and
adopt
a
plan
for
the
district.
The
resolution
shall
29
include
a
proposed
district
plan.
The
proposed
district
plan
30
shall
include
all
of
the
following:
31
(1)
A
legal
description
of
the
real
estate
forming
the
32
boundaries
of
the
area
to
be
encompassed
by
the
district
along
33
with
a
map
depicting
the
existing
parcels
of
real
estate
within
34
the
proposed
district.
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(2)
A
list
of
the
names
and
addresses
of
the
owners
of
1
record
of
the
parcels
to
be
included
within
the
district.
2
(3)
A
list
of
all
projects
proposed
to
be
undertaken
within
3
the
district,
a
detailed
description
of
those
projects,
and
a
4
project
plan
for
each
project.
Each
project
included
in
the
5
list
of
projects
shall
independently
meet
the
requirements
of
6
section
418.5.
7
(4)
An
economic
impact
study
conducted
by
an
independent
8
economist
retained
by
the
municipality.
9
(5)
The
date
and
time
of
a
public
hearing
to
be
conducted
by
10
the
municipality
on
the
proposed
plan
and
establishment
of
the
11
proposed
district.
12
b.
The
projects
listed
in
the
proposed
plan
pursuant
to
13
paragraph
“a”
,
subparagraph
(3),
shall,
in
combination,
do
all
14
of
the
following:
15
(1)
Total
a
capital
investment
of
fifty
million
dollars.
16
(2)
Create
at
least
two
hundred
permanent
new
jobs.
17
(3)
Generate
at
least
twenty-five
million
dollars
in
annual
18
gross
revenue.
19
c.
The
economic
impact
study
required
in
paragraph
“a”
,
20
subparagraph
(4),
shall,
at
a
minimum,
do
all
of
the
following:
21
(1)
Contain
a
detailed
analysis
of
the
financial
benefit
22
of
the
proposed
district
to
the
economy
of
the
state
and
the
23
municipality.
24
(2)
Identify
a
projected
market
area
within
which
the
25
district
can
reasonably
be
expected
to
have
an
economic
impact.
26
(3)
Assess
the
fiscal
and
financial
impact
of
the
proposed
27
district
on
other
economic
development
projects
or
businesses
28
within
the
projected
market
area.
29
3.
Notice
of
the
public
hearing,
along
with
a
copy
of
30
the
resolution
and
a
summary
of
the
proposed
plan,
shall
be
31
published
pursuant
to
section
331.305
or
362.3,
as
applicable.
32
Upon
the
conclusion
of
the
public
hearing,
the
governing
body
33
of
the
municipality
may
adopt
the
initial
proposed
plan
or
an
34
amended
proposed
plan
for
the
district.
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4.
a.
The
municipality
shall
submit
a
copy
of
the
1
resolution,
proposed
plan,
and
accompanying
materials
adopted
2
pursuant
to
this
section
to
the
board
for
review
and
approval.
3
b.
The
board
shall
evaluate
the
municipality’s
proposed
4
plan
for
the
district
and
shall
approve
the
establishment
of
5
the
district
if
the
board
determines
that
both
of
the
following
6
conditions
are
met:
7
(1)
The
municipality
is
an
eligible
municipality
pursuant
8
to
section
418.3.
9
(2)
Projects
completed
within
the
district
will
have
a
10
substantial
beneficial
impact
on
the
economy
of
the
state
and
11
the
municipality.
12
5.
Upon
receiving
the
approval
of
the
board,
a
municipality
13
seeking
to
establish
a
district
may
adopt
an
ordinance
14
establishing
the
district
and
shall
notify
the
director
of
15
revenue
of
the
establishment
of
the
district.
16
Sec.
6.
NEW
SECTION
.
418.5
Project
approval.
17
1.
A
municipality
may
use
the
moneys
in
the
special
fund
18
created
by
a
municipality
pursuant
to
section
418.8
to
fund
the
19
development
of
projects
within
a
district
established
pursuant
20
to
section
418.4
if
such
projects
meet
the
requirements
of
this
21
section.
22
2.
A
municipality
may
amend
the
district
plan
to
add
23
additional
projects.
All
such
additional
projects
are
subject
24
to
approval
by
the
board.
25
3.
a.
For
each
project
to
be
developed
within
the
district,
26
the
municipality
shall
submit
a
project
plan
to
the
board.
27
b.
Each
project
plan
shall
include
a
project
feasibility
28
study
conducted
by
an
independent
professional
with
expertise
29
in
economic
development
and
public
finance.
The
feasibility
30
study
shall
project
and
analyze
the
following:
31
(1)
The
amount
of
gross
revenues
expected
to
be
collected
32
in
the
district
as
a
result
of
the
project
for
each
year
of
the
33
bond
maturation
period.
34
(2)
A
detailed
explanation
of
the
manner
and
extent
to
which
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the
project
will
contribute
to
the
economic
development
of
the
1
state
and
the
municipality.
2
(3)
An
estimate
of
the
number
of
visitors
or
customers
the
3
project
will
generate
during
each
year
of
the
bond
maturation
4
period.
5
(4)
A
description
of
the
unique
characteristics
of
the
6
project.
7
(5)
An
analysis
of
the
project’s
economic
impact.
The
8
analysis
shall
include
the
same
components
and
be
conducted
in
9
the
same
manner
as
the
economic
impact
study
required
under
10
section
418.4.
11
c.
Each
project
plan
shall
clearly
state
the
cost
of
the
12
project
and
the
amount
of
public
debt
to
be
incurred
for
13
purposes
of
funding
the
project.
14
4.
The
board
shall
review
the
municipality’s
project
15
plan
and
evaluate
the
feasibility
of
the
project.
The
board
16
shall
approve
a
project
plan
if
the
plan
demonstrates
that
the
17
project
will
contribute
significantly
to
the
economy
of
the
18
state
and
the
municipality
and
that
the
project’s
proposed
19
funding
is
feasible.
20
Sec.
7.
NEW
SECTION
.
418.6
Increased
revenue
calculation.
21
1.
The
department
of
revenue
shall
calculate
quarterly
the
22
amount
of
increased
tax
revenues
to
be
deposited
in
the
sales
23
tax
increment
fund
pursuant
to
the
following
provisions:
24
a.
Section
423.2,
subsection
11,
paragraph
“a”
,
subparagraph
25
(2).
26
b.
Section
423A.6,
subsection
4,
paragraph
“b”
.
27
c.
Section
423B.7,
subsection
1,
paragraph
“c”
.
28
2.
The
department
of
revenue
shall
calculate
the
amount
of
29
the
increase
for
purposes
of
subsection
1
as
follows:
30
a.
Determine
the
amount
of
sales
tax
revenue
collected
31
in
the
area
comprising
the
district
during
the
corresponding
32
quarter
in
the
base
year
by
adding
together
the
following:
33
(1)
The
amount
of
state
sales
and
use
tax
revenue
collected
34
by
the
department
from
retail
establishments
located
in
the
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district.
1
(2)
The
amount
of
local
sales
and
services
tax
revenue
2
collected
by
the
department
from
retail
establishments
located
3
in
the
district
which
are
distributed
to
the
municipality
4
pursuant
to
section
423B.7.
5
(3)
The
amount
of
local
hotel
and
motel
tax
revenue
6
collected
by
the
department
from
lessors
of
lodging
located
in
7
the
district.
8
b.
Determine
the
amount
of
sales
tax
revenue
collected
9
in
the
area
comprising
the
district
during
the
corresponding
10
quarter
in
each
subsequent
calendar
year
by
adding
together
the
11
revenues
from
the
same
sources
specified
in
paragraph
“a”
.
12
c.
Subtract
the
base
year
quarterly
amount
determined
in
13
paragraph
“a”
from
the
subsequent
calendar
year
quarterly
14
amount
determined
in
paragraph
“b”
.
15
d.
The
result
of
the
calculation
in
paragraph
“c”
,
to
the
16
extent
that
the
total
amount
of
revenue
in
all
quarters
of
each
17
subsequent
year
exceeds
the
total
amount
of
revenue
in
all
18
quarters
of
the
base
year,
shall
constitute
the
total
yearly
19
amount
of
increased
revenues
for
purposes
of
subsection
1.
20
Sec.
8.
NEW
SECTION
.
418.7
Sales
tax
increment
fund.
21
1.
A
sales
tax
increment
fund
is
established
in
the
state
22
treasury
under
the
control
of
the
department
of
revenue
23
consisting
of
the
following
moneys:
24
a.
The
amount
of
the
increased
state
sales
and
services
25
tax
revenues
collected
by
the
department
of
revenue
within
the
26
district
and
deposited
in
the
fund
pursuant
to
section
423.2,
27
subsection
11,
paragraph
“a”
,
subparagraph
(2).
28
b.
The
amount
of
the
increased
local
hotel
and
motel
tax
29
revenues
collected
by
the
department
of
revenue
within
the
30
district
and
deposited
in
the
fund
pursuant
to
section
423A.6,
31
subsection
4,
paragraph
“b”
.
32
c.
The
amount
of
the
increased
local
option
sales
and
33
services
tax
revenues
collected
by
the
department
of
revenue
34
within
the
district
and
deposited
in
the
fund
pursuant
to
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section
423B.7,
subsection
1,
paragraph
“c”
.
1
2.
The
department
of
revenue
shall
credit
to
the
fund
the
2
moneys
described
in
subsection
1
beginning
the
first
day
of
the
3
quarter
following
adoption
of
an
ordinance
pursuant
to
section
4
418.4.
5
3.
An
account
is
created
within
the
fund
for
each
6
municipality
that
has
established
a
district
pursuant
to
7
section
418.4.
8
4.
a.
All
moneys
in
the
accounts
of
the
fund
shall
be
9
remitted
quarterly
by
the
department
of
revenue
to
each
10
municipality
in
the
amount
collected
within
the
district.
11
b.
The
department
of
revenue
shall
adopt
rules
for
the
12
remittance
of
moneys
to
municipalities.
13
Sec.
9.
NEW
SECTION
.
418.8
Special
fund
of
municipality.
14
1.
Sales
tax
revenue
received
by
a
municipality
pursuant
15
to
this
chapter
shall
be
deposited
in
a
special
fund
of
the
16
municipality
created
for
purposes
of
this
chapter
and
shall
be
17
used
to
fund
projects
within
the
district
and
to
pay
principal
18
and
interest
on
bonds
issued
pursuant
to
section
418.9.
If
the
19
municipality
determines
that
the
revenue
accruing
to
the
fund
20
exceeds
the
amount
necessary
for
these
purposes,
then
moneys
21
derived
from
a
locally
imposed
tax
not
necessary
for
reserves
22
or
pledged
to
fund
additional
projects
in
the
district
shall
be
23
applied
by
the
municipality
in
reduction
of
property
taxes,
and
24
moneys
derived
from
a
state
imposed
tax
shall
be
remitted
by
25
the
municipality
to
the
department
of
revenue
for
deposit
in
26
the
general
fund
of
the
state.
27
2.
In
addition
to
the
moneys
received
pursuant
to
section
28
418.7,
subsection
1,
a
municipality
may
deposit
in
the
special
29
fund
any
other
sales
tax
revenues
received
by
it
pursuant
to
30
the
distribution
formula
in
section
423B.7,
subsections
3,
4,
31
and
5,
and
any
other
moneys
lawfully
at
the
municipality’s
32
disposal.
33
Sec.
10.
NEW
SECTION
.
418.9
Bond
issuance.
34
1.
a.
A
municipality
receiving
sales
tax
revenues
pursuant
35
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to
this
chapter
shall
have
the
authority
to
issue
bonds
that
1
are
payable
from
revenues
deposited
in
the
municipality’s
2
special
fund
created
pursuant
to
section
418.8.
3
b.
A
municipality
shall
have
the
authority
to
pledge
4
irrevocably
to
the
payment
of
the
bonds
an
amount
of
revenue
5
derived
from
the
designated
portions
for
each
of
the
years
the
6
bonds
remain
outstanding.
7
c.
A
municipality
shall
have
the
authority
to
issue
bonds
8
only
for
purposes
of
funding
projects
in
the
district.
9
2.
a.
If
a
municipality
elects
to
authorize
the
issuance
of
10
bonds
payable
as
provided
in
this
section,
the
governing
body
11
of
the
municipality
shall
follow
the
authorization
procedures
12
set
forth
in
section
384.83.
13
b.
A
municipality
shall
have
the
authority
to
issue
bonds
14
for
the
purpose
of
refunding
outstanding
and
previously
issued
15
bonds
under
this
subsection
without
otherwise
complying
with
16
the
notice
and
hearing
provisions
of
this
subsection.
17
3.
If
sales
taxes
have
been
in
effect
for
less
than
four
18
calendar
quarters,
the
tax
collected
within
the
shorter
period
19
may
be
adjusted
to
project
the
collections
of
the
designated
20
portion
for
the
full
year
for
the
purpose
of
determining
the
21
amount
of
the
bonds
which
may
be
issued.
22
4.
a.
The
provisions
of
this
section
constitute
separate
23
authorization
for
the
issuance
of
bonds
and
shall
prevail
in
24
the
event
of
conflict
with
any
other
provision
of
the
Code
25
limiting
the
amount
of
bonds
which
may
be
issued
or
the
source
26
of
payment
of
the
bonds.
27
b.
Bonds
issued
under
this
section
shall
not
limit
or
28
restrict
the
authority
of
the
municipality
to
issue
bonds
under
29
other
provisions
of
the
Code.
30
5.
a.
Bonds
issued
pursuant
to
this
section
shall
31
not
constitute
an
indebtedness
within
the
meaning
of
any
32
constitutional
or
statutory
debt
limitation
or
restriction,
33
and,
except
as
otherwise
provided
in
this
section,
shall
not
be
34
subject
to
the
provisions
of
any
other
law
or
charter
relating
35
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to
the
authorization,
issuance,
or
sale
of
bonds.
1
b.
Bonds
issued
pursuant
to
this
section
are
declared
to
be
2
issued
for
an
essential
public
and
governmental
purpose.
3
c.
The
bonds
may
be
issued
in
one
or
more
series
and
shall
4
comply
with
all
of
the
following:
5
(1)
The
bonds
shall
bear
the
date
of
issuance.
6
(2)
The
bonds
shall
specify
one
of
the
following:
7
(a)
Whether
they
are
payable
on
demand.
8
(b)
The
time
of
maturity.
9
(3)
The
bonds
shall
bear
interest
at
a
rate
not
exceeding
10
that
permitted
by
chapter
74A.
11
(4)
The
bonds
shall
be
in
a
denomination
or
denominations,
12
be
in
the
form,
have
the
rank
or
priority,
be
executed
in
13
the
manner,
be
payable
in
the
medium
of
payment,
at
the
14
place
or
places,
be
subject
to
the
terms
of
redemption,
with
15
or
without
premium,
be
secured
in
the
manner,
and
have
the
16
other
characteristics,
as
may
be
provided
by
the
resolution
17
authorizing
their
issuance.
18
d.
The
bonds
may
be
sold
at
public
or
private
sale
at
a
19
price
as
may
be
determined
by
the
governing
body.
20
Sec.
11.
NEW
SECTION
.
418.10
District
dissolution.
21
1.
a.
A
municipality
may
by
ordinance
provide
for
the
22
dissolution
of
a
district.
However,
a
municipality
shall
23
not
dissolve
a
district
until
the
debt
incurred
through
the
24
issuance
of
bonds
pursuant
to
this
chapter
has
been
retired.
25
b.
A
district
established
pursuant
to
this
chapter
is
26
dissolved
twenty
years
from
the
date
of
its
establishment
under
27
section
418.4.
28
2.
Upon
the
adoption
of
an
ordinance
pursuant
to
this
29
section,
the
municipality
shall
notify
the
director
of
revenue
30
of
the
dissolution
of
the
district.
31
3.
Upon
the
receipt
of
notification
pursuant
to
subsection
32
2,
the
department
of
revenue
shall
cease
to
credit
municipal
33
sales
tax
revenues
to
the
fund.
34
4.
Upon
the
dissolution
of
a
district,
the
sales
taxes
35
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collected
under
chapter
423A
or
chapter
423B
within
the
1
area
formerly
comprising
the
district
shall
be
thereafter
2
administered,
and
the
tax
revenues
distributed
to
3
municipalities,
in
the
same
manner
as
if
the
district
had
not
4
been
established.
5
Sec.
12.
Section
423.2,
subsection
11,
Code
2009,
is
amended
6
to
read
as
follows:
7
11.
a.
(1)
All
revenues
arising
under
the
operation
of
the
8
provisions
of
this
section
shall
be
deposited
into
the
general
9
fund
of
the
state.
10
(2)
Subsequent
to
the
deposit
into
the
general
fund
of
the
11
state,
the
director
shall
credit
an
amount
equal
to
four
cents
12
of
every
dollar
of
the
amount
of
the
increase
in
sales
subject
13
to
the
tax
imposed
under
this
section
and
made
in
a
sales
14
tax
bonding
district
established
pursuant
to
section
418.4,
15
into
an
account
created
for
that
city
or
county
in
the
sales
16
tax
increment
fund
created
in
section
418.7.
The
director
17
shall
credit
the
moneys
beginning
the
first
day
of
the
quarter
18
following
adoption
of
an
ordinance
pursuant
to
section
418.4.
19
b.
Subsequent
to
the
deposit
into
the
general
fund
of
the
20
state
and
after
the
transfer
of
such
pursuant
to
paragraph
“a”
,
21
the
department
shall
do
the
following
in
the
order
prescribed:
22
(1)
Transfer
the
revenues
collected
under
chapter
423B
,
the
23
department
shall
transfer
.
24
(2)
Transfer
one-sixth
of
such
the
remaining
revenues
to
the
25
secure
an
advanced
vision
for
education
fund
created
in
section
26
423F.2.
This
paragraph
subparagraph
is
repealed
December
31,
27
2029.
28
(3)
Credit
that
portion
of
the
sales
tax
receipts
described
29
in
paragraph
“a”
,
subparagraph
(2).
30
Sec.
13.
Section
423A.6,
Code
2009,
is
amended
to
read
as
31
follows:
32
423A.6
Administration
by
director.
33
1.
The
director
of
revenue
shall
administer
the
state
and
34
local
hotel
and
motel
tax
as
nearly
as
possible
in
conjunction
35
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with
the
administration
of
the
state
sales
tax
law,
except
that
1
portion
of
the
law
which
implements
the
streamlined
sales
and
2
use
tax
agreement.
3
2.
The
director
shall
provide
appropriate
forms,
or
provide
4
on
the
regular
state
tax
forms,
for
reporting
state
and
local
5
hotel
and
motel
tax
liability.
6
3.
All
moneys
received
or
refunded
one
hundred
eighty
days
7
after
the
date
on
which
a
city
or
county
terminates
its
local
8
hotel
and
motel
tax
and
all
moneys
received
from
the
state
9
hotel
and
motel
tax
shall
be
deposited
in
or
withdrawn
from
the
10
general
fund
of
the
state.
11
4.
a.
The
director,
in
consultation
with
local
officials,
12
shall
collect
and
account
for
a
local
hotel
and
motel
tax
and
.
13
Except
as
provided
in
paragraph
“b”
,
the
director
shall
credit
14
all
revenues
collected
under
this
paragraph
“a”
to
the
local
15
transient
guest
tax
fund
created
in
section
423A.7.
16
b.
Notwithstanding
paragraph
“a”
,
the
director
shall
17
credit
the
amount
of
the
increase
in
local
hotel
and
motel
tax
18
receipts,
as
computed
in
section
418.6,
collected
in
a
sales
19
tax
bonding
district
established
pursuant
to
section
418.4,
20
into
an
account
created
for
that
city
or
county
in
the
sales
21
tax
increment
fund
created
in
section
418.7.
The
director
22
shall
deposit
the
tax
receipts
beginning
the
first
day
of
the
23
quarter
following
adoption
of
an
ordinance
pursuant
to
section
24
418.4.
25
5.
Local
authorities
shall
not
require
any
tax
permit
not
26
required
by
the
director
of
revenue.
27
6.
a.
Section
422.25,
subsection
4,
sections
422.30,
28
422.67,
and
422.68,
section
422.69,
subsection
1,
sections
29
422.70,
422.71,
422.72,
422.74,
and
422.75,
section
423.14,
30
subsection
1,
and
sections
423.23,
423.24,
423.25,
423.31,
31
423.33,
423.35,
423.37
through
423.42,
and
423.47,
consistent
32
with
the
provisions
of
this
chapter,
apply
with
respect
to
33
the
taxes
authorized
under
this
chapter,
in
the
same
manner
34
and
with
the
same
effect
as
if
the
state
and
local
hotel
and
35
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motel
taxes
were
retail
sales
taxes
within
the
meaning
of
those
1
statutes.
2
b.
Notwithstanding
this
paragraph,
the
director
shall
3
provide
for
quarterly
filing
of
returns
and
for
other
than
4
quarterly
filing
of
returns
both
as
prescribed
in
section
5
423.31.
6
7.
The
director
may
require
all
persons
who
are
engaged
in
7
the
business
of
deriving
any
sales
price
subject
to
tax
under
8
this
chapter
to
register
with
the
department.
9
8.
All
taxes
collected
under
this
chapter
by
a
retailer
or
10
any
individual
are
deemed
to
be
held
in
trust
for
the
state
of
11
Iowa
and
the
local
jurisdictions
imposing
the
taxes.
12
Sec.
14.
Section
423A.7,
subsection
1,
Code
2009,
is
amended
13
to
read
as
follows:
14
1.
A
local
transient
guest
tax
fund
is
created
in
the
15
department
which
shall
consist
of
all
moneys
credited
to
such
16
fund
under
section
423A.6
,
subsection
4,
paragraph
“a”
.
17
Sec.
15.
Section
423B.6,
subsection
3,
Code
2009,
is
amended
18
to
read
as
follows:
19
3.
a.
The
director,
in
consultation
with
local
officials,
20
shall
collect
and
account
for
a
local
sales
and
services
21
tax.
The
director
shall
certify
each
quarter
the
amount
of
22
local
sales
and
services
tax
receipts
and
any
interest
and
23
penalties
to
be
credited
to
the
“local
sales
and
services
tax
24
fund”
established
in
the
office
of
the
treasurer
of
state.
The
25
revenues
from
the
taxes
collected
pursuant
to
this
section
26
shall
be
credited
and
paid
to
cities
and
counties
pursuant
to
27
section
423B.7.
28
b.
All
taxes
collected
under
this
chapter
by
a
retailer
or
29
any
individual
are
deemed
to
be
held
in
trust
for
the
state
of
30
Iowa
and
the
local
jurisdictions
imposing
the
taxes.
31
b.
c.
All
local
tax
moneys
and
interest
and
penalties
32
received
or
refunded
one
hundred
eighty
days
or
more
after
the
33
date
on
which
the
county
repeals
its
local
sales
and
services
34
tax
shall
be
deposited
in
or
withdrawn
from
the
state
general
35
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2480
fund.
1
Sec.
16.
Section
423B.7,
subsection
1,
Code
2009,
is
amended
2
to
read
as
follows:
3
1.
a.
Except
as
provided
in
paragraph
paragraphs
“b”
and
4
“c”
,
the
director
shall
credit
the
local
sales
and
services
5
tax
receipts
and
interest
and
penalties
from
a
county-imposed
6
tax
to
the
county’s
account
in
the
local
sales
and
services
7
tax
fund
and
from
a
city-imposed
tax
under
section
423B.1,
8
subsection
2,
to
the
city’s
account
in
the
local
sales
and
9
services
tax
fund.
If
the
director
is
unable
to
determine
10
from
which
county
any
of
the
receipts
were
collected,
those
11
receipts
shall
be
allocated
among
the
possible
counties
based
12
on
allocation
rules
adopted
by
the
director.
13
b.
Notwithstanding
paragraph
“a”
,
the
director
shall
14
credit
the
designated
amount
of
the
increase
in
local
sales
15
and
services
tax
receipts,
as
computed
in
section
423B.10,
16
collected
in
an
urban
renewal
area
of
an
eligible
city
that
has
17
adopted
an
ordinance
pursuant
to
section
423B.10,
subsection
18
2,
into
a
special
city
account
in
the
local
sales
and
services
19
tax
fund.
20
c.
Notwithstanding
paragraph
“a”
,
the
director
shall
21
credit
the
amount
of
the
increase
in
local
sales
and
services
22
tax
receipts,
as
computed
in
section
418.6,
collected
in
a
23
sales
tax
bonding
district
established
pursuant
to
section
24
418.4,
which
are
distributed
to
the
city
or
county
pursuant
25
to
423B.7,
into
an
account
created
for
that
city
or
county
in
26
the
sales
tax
increment
fund
created
in
section
418.7.
The
27
director
shall
deposit
the
tax
receipts
beginning
the
first
day
28
of
the
quarter
following
adoption
of
an
ordinance
pursuant
to
29
section
418.4.
30
EXPLANATION
31
This
bill
allows
cities
and
counties
to
use
increased
32
revenues
from
certain
taxes
for
purposes
of
funding
the
33
development
of
projects
within
specially
created
districts.
34
The
bill
provides
for
the
creation
of
sales
tax
bonding
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districts
within
which
municipalities
may
issue
bonds
to
fund
1
economic
development
projects.
The
bonds
may
be
secured
by
a
2
portion
of
the
increased
state
sales
and
services
tax
revenues
3
collected
in
the
district,
the
increased
local
option
sales
and
4
services
tax
revenues,
and
the
increased
local
hotel
and
motel
5
tax
revenues
within
the
district.
6
To
be
eligible
to
create
such
a
district
and
issue
7
such
bonds,
a
municipality
must
have
an
area
suitable
for
8
development
within
its
boundaries.
An
area
suitable
for
9
development
must
meet
the
following
requirements:
(1)
the
area
10
must
be
400
or
more
contiguous
acres
in
size
and
be
entirely
11
within
the
boundaries
of
the
municipality;
(2)
at
least
90
12
percent
of
the
land
in
the
area
must
be
vacant
land;
(3)
13
the
area
consists
only
of
parcels
that
will
be
directly
and
14
substantially
benefited
by
the
creation
of
the
district;
and
15
(4)
no
portion
of
the
area
suitable
for
development
can
also
be
16
part
of
an
enterprise
zone.
In
addition,
the
proposed
district
17
must
include
a
projected
capital
investment
of
at
least
$50
18
million,
the
projects
to
be
developed
within
the
proposed
19
district
must
generate
at
least
$25
million
in
annual
revenue,
20
and
the
projects
to
be
developed
within
the
proposed
district
21
must
create
at
least
200
permanent
new
jobs.
22
The
governing
body
of
a
municipality
seeking
to
establish
23
a
district
and
issue
bonds
must
adopt
a
resolution
stating
24
its
intent
to
do
so.
The
resolution
must
include
a
proposed
25
district
plan.
The
proposed
district
plan
must
include
the
26
area
for
the
district,
the
names
of
the
owners
of
the
parcels
27
to
be
included
within
it,
a
list
of
the
projects
proposed
for
28
the
district
and
a
plan
for
each
project.
The
resolution
29
must
also:
(1)
include
a
map
of
the
area
being
proposed
for
30
the
district;
(2)
include
an
economic
impact
study
conducted
31
by
an
independent
economist;
(3)
make
findings
that
an
area
32
suitable
for
development
exists
in
the
municipality;
and
(4)
33
set
the
date
and
time
of
a
public
hearing
on
the
establishment
34
of
the
proposed
district.
After
holding
a
public
hearing
on
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the
proposed
district
plan,
the
municipality
must
submit
a
1
copy
of
the
resolution,
the
proposed
plan,
and
accompanying
2
materials
to
the
vision
Iowa
board
for
review
and
approval.
3
A
municipality
may
develop
subsequent
projects
within
the
4
district,
but
each
project
requires
a
project
plan
and
is
5
subject
to
approval
by
the
board.
Each
project
plan
must
6
include
a
project
feasibility
study
conducted
by
an
independent
7
professional
with
expertise
in
economic
development
and
public
8
finance.
The
feasibility
study
must
project
and
analyze
the
9
following:
(1)
the
amount
of
gross
revenues
expected
to
be
10
collected
in
the
district
as
a
result
of
the
project
for
each
11
year
of
the
bond
maturation
period;
(2)
a
detailed
explanation
12
of
the
manner
and
extent
to
which
the
project
will
contribute
13
to
the
economic
development
of
the
state
and
the
municipality;
14
(3)
an
estimate
of
the
number
of
visitors
or
customers
15
the
project
will
generate
during
each
year
of
the
bond
16
maturation
period;
(4)
a
description
of
the
project’s
unique
17
characteristics;
and
(5)
an
analysis
of
the
project’s
economic
18
impact.
The
analysis
must
include
the
same
components
and
19
be
conducted
in
the
same
manner
as
the
economic
impact
study
20
required
upon
initial
establishment.
Each
project
plan
must
21
also
clearly
state
the
cost
of
the
project
and
the
amount
of
22
public
debt
to
be
incurred
for
purposes
of
funding
the
project.
23
Once
a
municipality
has
established
a
district,
it
may
bond
24
against
the
increased
tax
revenues
within
the
district.
To
25
determine
the
amount
of
the
increase,
the
department
of
revenue
26
calculates
the
amount
of
tax
revenues
in
the
district
during
27
the
corresponding
quarter
of
the
fiscal
year
ending
during
the
28
calendar
year
the
district
was
first
established
(the
“base
29
year”)
and
the
amount
of
tax
revenues
during
the
corresponding
30
quarter
in
subsequent
years.
The
department
then
subtracts
the
31
base
year
amount
from
the
amounts
in
the
subsequent
years
to
32
arrive
at
the
amount
of
the
increase.
33
The
bill
creates
a
sales
tax
increment
fund
within
the
34
department
of
revenue
and
an
account
in
the
fund
for
each
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municipality
that
has
created
a
district.
The
department
1
credits
monthly
the
amount
of
the
district’s
increased
2
revenues
to
the
municipality’s
account.
Revenue
received
by
a
3
municipality
from
the
fund
must
be
deposited
in
a
special
fund
4
of
the
municipality
and
used
for
funding
projects
or
for
the
5
payment
of
principal
and
interest
on
bonds
issued
to
fund
the
6
projects.
If
there
are
funds
in
excess
of
the
amount
needed,
7
moneys
from
locally
imposed
taxes
are
to
be
applied
toward
8
property
tax
relief
and
moneys
deriving
from
a
state
imposed
9
tax
are
to
be
deposited
in
the
general
fund.
10
The
bill
provides
for
the
issuance
of
bonds
by
an
eligible
11
municipality.
In
issuing
the
bonds,
the
municipality
12
must
comply
with
the
revenue
bond
authorization
procedures
13
applicable
to
cities
pursuant
to
Code
section
384.83.
14
Bonds
issued
pursuant
to
the
provisions
of
the
bill
15
constitute
separate
authorization
for
the
issuance
of
bonds
and
16
will
prevail
in
the
event
of
conflict
with
any
other
provision
17
of
the
Code
limiting
the
amount
of
bonds
which
may
be
issued
18
or
the
source
of
payment
of
the
bonds.
Also,
bonds
issued
19
pursuant
to
the
provisions
of
the
bill
do
not
limit
or
restrict
20
the
authority
of
the
municipality
to
issue
bonds
under
other
21
provisions
of
the
Code.
22
Bonds
issued
pursuant
to
the
provisions
of
the
bill
do
23
not
constitute
an
indebtedness
within
the
meaning
of
any
24
constitutional
or
statutory
debt
limitation
or
restriction,
25
and
are
not
subject
to
the
provisions
of
any
other
law
or
26
charter
relating
to
the
authorization,
issuance,
or
sale
of
27
bonds.
Bonds
issued
pursuant
to
the
provisions
of
the
bill
are
28
declared
to
be
issued
for
an
essential
public
and
governmental
29
purpose.
30
The
bill
directs
the
director
of
revenue
to
calculate
the
31
amount
of
increased
state
sales
and
services
taxes,
increased
32
local
sales
and
services
taxes,
and
increased
local
hotel
33
and
motel
taxes
and
to
credit
the
increased
amounts
to
the
34
municipality’s
account
in
the
sales
tax
increment
fund.
These
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amounts
are
to
be
credited
beginning
the
quarter
following
the
1
creation
of
a
district
by
a
municipality.
2
A
district
is
dissolved
20
years
from
the
date
of
its
3
establishment.
Upon
the
dissolution
of
a
district,
the
4
consumption
taxes
collected
within
the
area
formerly
comprising
5
the
district
shall
be
thereafter
administered,
and
the
local
6
tax
revenues
distributed
to
municipalities,
in
the
same
manner
7
as
if
the
district
had
not
been
established.
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