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Text: S05737                            Text: S05739
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Senate Amendment 5738

Amendment Text

PAG LIN
  1  1    Amend Senate File 2464, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 4, by inserting after line 34 the
  1  4 following:
  1  5    "Sec.    .  NEW SECTION.  358C.24  DISCLOSURE OF
  1  6 SPECIAL ASSESSMENT.
  1  7    The seller of property in a real estate improvement
  1  8 district or a person acting on behalf of a seller
  1  9 shall disclose the amount of any special assessment
  1 10 under this chapter against the property during
  1 11 negotiations for the sale of the property."
  1 12    #2.  Page 12, line 1, by inserting after the word
  1 13 "guidelines" the following:  ", by limiting the tax
  1 14 revenues to be deposited in the special fund from that
  1 15 portion of the assessed value defined in section
  1 16 403.19, subsection 2, of property assessed as
  1 17 residential property, to the tax revenues from any
  1 18 levy on the first two hundred thousand dollars of
  1 19 improvements to each parcel of such residential
  1 20 property.  Any value of such property in excess of two
  1 21 hundred thousand dollars shall be included in the
  1 22 valuation defined in section 403.19, subsection 1,".
  1 23    #3.  Page 12, line 1, by inserting after the word
  1 24 "or" the following:  "by providing".
  1 25    #4.  Page 12, line 7, by striking the words
  1 26 "twenty-five" and inserting the following:  "ten".
  1 27    #5.  Page 12, by striking lines 9 through 17 and
  1 28 inserting the following:
  1 29    "For a municipality with a population of fifteen
  1 30 thousand or less, the amount to be provided for low
  1 31 and moderate income family housing shall be the same
  1 32 as for a municipality of over fifteen thousand in
  1 33 population, except that a municipality of fifteen
  1 34 thousand or less in population is not subject to the
  1 35 requirement to provide not less than an amount equal
  1 36 to ten percent of the original project cost for low
  1 37 and moderate income family housing."
  1 38    #6.  Page 13, by inserting after line 26 the
  1 39 following:
  1 40    "6.  A municipality shall not prohibit or restrict
  1 41 the construction of manufactured homes in any project
  1 42 for which public improvements were finalized under
  1 43 this section.  As used in this subsection,
  1 44 "manufactured home" means the same as under section
  1 45 435.1, subsection 2."
  1 46    #7.  By striking page 13, line 27, through page 19,
  1 47 line 2.
  1 48    #8.  Page 21, by inserting after line 29 the
  1 49 following:
  1 50    "Sec.    .  NEW SECTION.  446.19A  PURCHASE BY
  2  1 COUNTY OR CITY FOR LOW OR MODERATE INCOME HOUSING.
  2  2    Notwithstanding section 446.18, a city or county
  2  3 may purchase abandoned property assessed as
  2  4 residential or commercial multifamily housing which
  2  5 did not sell at an annual tax sale under section 446.7
  2  6 for the total amount due.  Money shall not be paid by
  2  7 the county or other tax-levying or tax-certifying body
  2  8 for the purchase, but each of the tax-levying and tax-
  2  9 certifying bodies having any interest in the taxes
  2 10 shall be charged with the total amount due the tax-
  2 11 levying or tax-certifying body as its just share of
  2 12 the purchase price.  Prior to the purchase the city or
  2 13 county shall file with the county treasurer a verified
  2 14 statement that a parcel to be purchased is abandoned
  2 15 and deteriorating in condition or is, or is likely to
  2 16 become, a public nuisance, and that the parcel is
  2 17 suitable for use for low or moderate income housing
  2 18 following rehabilitation.
  2 19    The city or county may sell the certificate of
  2 20 purchase.  Preference shall be given to purchasers who
  2 21 are low or moderate income families or organizations
  2 22 which assist low and moderate income families to
  2 23 obtain housing.  For the purpose of this section, "low
  2 24 or moderate income families" has the same meaning as
  2 25 in section 403.17.  All persons who purchase
  2 26 certificates under this section shall demonstrate the
  2 27 intent to rehabilitate the property for habitation if
  2 28 the property is not redeemed.  In the alternative, the
  2 29 county may, if title to the property has vested in the
  2 30 county under section 447.9, dispose of the property in
  2 31 accordance with section 331.361."
  2 32    #9.  By striking page 21, line 35, through page 24,
  2 33 line 13, and inserting the following:
  2 34    "Sec.    .  Section 16.100, Code 1995, is amended
  2 35 by adding the following new subsection:
  2 36    NEW SUBSECTION.  1A.  a.  Moneys transferred to the
  2 37 housing improvement fund pursuant to section 428A.8,
  2 38 subsection 1, paragraph "b", shall be distributed, on
  2 39 a per capita basis according to the 1990 federal
  2 40 census, to each county.
  2 41    b.  In order to receive moneys under this
  2 42 subsection, a county shall be a member of a housing
  2 43 council.  The housing council shall consist of the
  2 44 supervisors of the county and the mayor of each city
  2 45 in the county, or their designees.  A housing council
  2 46 may represent more than one county and the cities
  2 47 within each county and may be an entity formed under
  2 48 chapter 28E or an entity under chapter 28H.
  2 49    c.  The function of the housing council shall be to
  2 50 coordinate housing programs in the county including
  3  1 having housing needs assessments completed if not
  3  2 already done, developing or coordinating a housing
  3  3 plan approved by the department of economic
  3  4 development, encouraging the formation of partnerships
  3  5 with other governmental entities and public-private
  3  6 partnerships regarding housing, and recommending
  3  7 funding for projects under the housing plan from
  3  8 moneys received under this subsection.
  3  9    d.  Moneys received under this subsection shall
  3 10 only be used for housing programs which facilitate
  3 11 housing development, including housing trust funds or
  3 12 programs for the rehabilitation or construction of
  3 13 housing.  The cost of the housing needs assessment may
  3 14 be paid from moneys received under this subsection.
  3 15 Moneys not obligated for a project recommended by the
  3 16 housing council within one year of transfer shall
  3 17 revert to the general fund of the state.
  3 18    e.  Counties receiving moneys under this subsection
  3 19 shall track the use of the funds by project, program,
  3 20 or activity and shall provide a report to the
  3 21 department of economic development and the Iowa
  3 22 finance authority regarding the use of the funds by
  3 23 December 15 of each year.
  3 24    f.  Moneys provided under this subsection shall not
  3 25 be used to supplant funding for housing programs
  3 26 provided by a city or county.
  3 27    g.  The authority shall adopt rules to administer
  3 28 this subsection.
  3 29    Sec.    .  Section 428A.8, Code 1995, is amended to
  3 30 read as follows:
  3 31    428A.8  REMITTANCE TO STATE TREASURER – PORTION
  3 32 RETAINED IN COUNTY.
  3 33    1.  On or before the tenth day of each month the
  3 34 county recorder shall determine and pay to the
  3 35 treasurer of state eighty-two and three-fourths
  3 36 percent of the receipts from the real estate transfer
  3 37 tax collected during the preceding month and the
  3 38 treasurer of state shall deposit ninety-five the
  3 39 receipts as follows:
  3 40    a.  Twenty percent of the receipts in the general
  3 41 fund of the state and transfer five percent of the
  3 42 receipts shall be transferred to the Iowa finance
  3 43 authority for deposit in the housing improvement fund
  3 44 created in section 16.100.
  3 45    b.  Of the remaining receipts, fifty percent shall
  3 46 be deposited in the general fund of the state and
  3 47 fifty percent shall be transferred to the Iowa finance
  3 48 authority for deposit in the housing improvement fund
  3 49 created in section 16.100 for the purposes of section
  3 50 16.100, subsection 1A.
  4  1    2.  The county recorder shall deposit the remaining
  4  2 seventeen and one-fourth percent of the receipts in
  4  3 the county general fund.
  4  4    3.  The county recorder shall keep records and make
  4  5 reports with respect to the real estate transfer tax
  4  6 as the director of revenue and finance prescribes."
  4  7    #10.  Page 24, by striking lines 33 and 34 and
  4  8 inserting the following:
  4  9    "1.  The board of supervisors of a county with a
  4 10 population of less than twenty thousand may adopt an
  4 11 ordinance providing that property acquired and
  4 12 subdivided for development of".
  4 13    #11.  Page 25, lines 1 and 2, by striking the words
  4 14 "until a" and inserting the following:  ".  Each lot
  4 15 shall continue to be taxed in the manner it was prior
  4 16 to its acquisition for housing until the".
  4 17    #12.  Page 25, by striking lines 7 and 8 and
  4 18 inserting the following:
  4 19    "2.  The board of supervisors of a county with a
  4 20 population of twenty thousand or more may adopt an
  4 21 ordinance providing that property acquired and
  4 22 subdivided for development of".
  4 23    #13.  Page 25, lines 10 and 11, by striking the
  4 24 words "until a" and inserting the following:  ".  Each
  4 25 lot shall continue to be taxed in the manner it was
  4 26 prior to its acquisition for housing until the".
  4 27    #14.  Page 25, by striking lines 17 through 20 and
  4 28 inserting the following:  
  4 29                      "DIVISION 101
  4 30    Sec.    .  Section 404.2, subsection 2, paragraph
  4 31 f, unnumbered paragraph 1, Code 1995, is amended to
  4 32 read as follows:
  4 33    A statement specifying whether the revitalization
  4 34 is applicable to none, some, or all of the property
  4 35 assessed as residential, agricultural, commercial or
  4 36 industrial property within the designated area or a
  4 37 combination thereof and whether the revitalization is
  4 38 for rehabilitation and additions to existing buildings
  4 39 or new construction or both.  If revitalization is
  4 40 made applicable only to some property within an
  4 41 assessment classification, the definition of that
  4 42 subset of eligible property must be by uniform
  4 43 criteria which further some planning objective
  4 44 identified in the plan.  The city shall state how long
  4 45 it is estimated that the area shall remain a
  4 46 designated revitalization area which time shall be
  4 47 longer than one year from the date of designation and
  4 48 shall state any plan by the city to issue revenue
  4 49 bonds for revitalization projects within the area.
  4 50 For a county, a revitalization area shall include only
  5  1 property which will be used as industrial property
  5  2 only.
  5  3    Sec.    .  Section 404.2, subsection 6, Code 1995,
  5  4 is amended to read as follows:
  5  5    6.  The city or county has adopted the proposed or
  5  6 amended plan for the revitalization area after the
  5  7 requisite number of hearings.  The city or county may
  5  8 subsequently amend this plan after a hearing.  Notice
  5  9 of the hearing shall be published as provided in
  5 10 section 362.3 or 331.305, except that at least seven
  5 11 days' notice must be given and the public hearing
  5 12 shall not be held earlier than the next regularly
  5 13 scheduled city council or board of supervisors meeting
  5 14 following the published notice.  A city which has
  5 15 adopted a plan for a revitalization area which covers
  5 16 all property within the city limits may amend that
  5 17 plan at any time, pursuant to this section, to include
  5 18 property which has been or will be annexed to the
  5 19 city.  The provisions of the original plan shall be
  5 20 applicable to the property which is annexed and the
  5 21 property shall be considered to have been part of the
  5 22 revitalization area as of the effective date of its
  5 23 annexation to the city.
  5 24    Sec.    .  Section 404.5, Code 1995, is amended by
  5 25 adding the following new unnumbered paragraph:
  5 26    NEW UNNUMBERED PARAGRAPH.  For the purposes of this
  5 27 section, the actual value of the property upon which
  5 28 the value of improvements in the form of
  5 29 rehabilitation or additions to existing structures
  5 30 shall be determined shall be the lower of either the
  5 31 amount listed on the assessment rolls in the
  5 32 assessment year in which such improvements are first
  5 33 begun or the price paid by the owner if the
  5 34 improvements in the form of rehabilitation or
  5 35 additions to existing structures were begun within one
  5 36 year of the date the property was purchased and the
  5 37 sale was a fair and reasonable exchange between a
  5 38 willing buyer and a willing seller, neither being
  5 39 under any compulsion to buy or sell and each being
  5 40 familiar with all the facts relating to the particular
  5 41 property.
  5 42    Sec.    .  APPLICABILITY.  This amendment in this
  5 43 division to section 404.5 applies to tax exemptions
  5 44 granted under chapter 404 for improvements to real
  5 45 property first begun on or after January 1, 1995.  
  5 46                      DIVISION 102
  5 47    Sec.    .  EFFECTIVE DATES.  Divisions I, II, and
  5 48 101 of this Act, being deemed of immediate importance,
  5 49 take effect upon enactment.  Division V of this Act
  5 50 takes effect July 1, 1997."
  6  1    #15.  Title page, line 3, by striking the word
  6  2 "date" and inserting the following:  "and
  6  3 applicability dates".
  6  4    #16.  By renumbering as necessary.  
  6  5 SF 2464H
  6  6 mk/pk/25
     

Text: S05737                            Text: S05739
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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