HF 2027 (LSB 5393YH (4) 86)

HOUSE FILE 2027

BY  PAULSEN

A BILL FOR

An Act relating to the displacement and relocation of a business or farm and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 316.4, subsection 1, Code 2016, is amended to read as follows:
   1.  If a program or project undertaken by a displacing agency will result in the displacement of a person, the displacing agency shall make a payment to the displaced person, upon proper application as approved by the displacing agency, for actual reasonable and necessary expenses incurred in moving the person, the person’s family, business, farm operation, or other personal property subject to rules and limits established by the department. The payment may also provide for actual direct losses of tangible personal property, purchase of substitute personal property, business reestablishment expenses, storage expenses, and expenses incurred in searching for a replacement business or farm.  If relocation of a business or farm operation is not economically feasible, the displaced person may also apply for payment of the loss of existing business relationships because of the inability to relocate the business or farm operation to a location similar in economic advantage to the location from which the business or farm operation was moved.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  APPLICABILITY.  This Act applies to relocations of businesses and farms on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Code chapter 316 establishes a uniform policy for relocation assistance and benefits for persons displaced by programs and projects undertaken by a state agency, including a political subdivision of the state, or a person who has the authority to acquire property by eminent domain under state law. By operation of Code section 6B.42, an acquiring agency under Code chapter 6B is subject to the payment and assistance requirements of Code chapter 316 as if the acquiring agency were a displaced agency under that chapter.
   This bill provides that if relocation of a business or farm operation is not economically feasible, the displaced person may apply for payment of the loss of existing business relationships because of the inability to relocate the business or farm operation to a location similar in economic advantage to the location from which the business or farm operation was moved.
   The bill takes effect upon enactment and applies to relocations of businesses and farms on or after the effective date of the bill.