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Senate File 95

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  331.430A  HOUSING TRUST FUND.
  1  2    A county may establish a housing trust fund and may provide
  1  3 funding by passage of an ordinance imposing a county real
  1  4 estate transfer tax as provided in chapter 428A, or from any
  1  5 other available source.
  1  6    For purposes of this section, "housing trust fund" means a
  1  7 fund established by a county through ordinance for the purpose
  1  8 of meeting the housing needs of lower income families.  For
  1  9 purposes of this section, "lower income families" means the
  1 10 same as defined in section 16.1.  Housing trust fund moneys
  1 11 may be used for any of the purposes described in section
  1 12 16.100 or for other types of programs to meet needs of lower
  1 13 income families.  All moneys in the fund, appropriated or
  1 14 dedicated to the fund, and interest or earnings on moneys in
  1 15 the fund shall be used solely for these purposes.
  1 16    Sec. 2.  Section 428A.1, unnumbered paragraph 1, Code 1995,
  1 17 is amended to read as follows:
  1 18    There is imposed on each deed, instrument, or writing by
  1 19 which any lands, tenements, or other realty in this state are
  1 20 granted, assigned, transferred, or otherwise conveyed, a tax
  1 21 consisting of the state tax and any county tax determined in
  1 22 the following manner:  When there is no consideration or when
  1 23 the deed instrument or writing is executed and tendered for
  1 24 recording as an instrument corrective of title, and so states,
  1 25 there is no tax.  When there is consideration and the actual
  1 26 market value of the real property transferred is in excess of
  1 27 five hundred dollars, the tax is eighty cents plus the
  1 28 applicable county tax, if any, for each five hundred dollars
  1 29 or fractional part of five hundred dollars in excess of five
  1 30 hundred dollars.  The term "consideration", as used in this
  1 31 chapter, means the full amount of the actual sale price of the
  1 32 real property involved, paid or to be paid, including the
  1 33 amount of an encumbrance or lien on the property, whether
  1 34 assumed or not by the grantee.  It is presumed that the sale
  1 35 price so stated includes the value of all personal property
  2  1 transferred as part of the sale unless the dollar value of
  2  2 personal property is stated on the instrument of conveyance.
  2  3 When the dollar value of the personal property included in the
  2  4 sale is so stated, it shall be deducted from the consideration
  2  5 shown on the instrument for the purpose of determining the
  2  6 tax.
  2  7    Sec. 3.  NEW SECTION.  428A.1A  COUNTY TAX.
  2  8    The governing body of a county may impose by ordinance a
  2  9 county real estate transfer tax.  Revenues from the tax shall
  2 10 only be deposited in a housing trust fund to be used for the
  2 11 purposes stated in the ordinance establishing the housing
  2 12 trust fund.  The county real estate transfer tax shall be
  2 13 imposed and collected in the same manner and at the same time
  2 14 as the state real estate transfer tax.  Transfers exempt from
  2 15 the state tax are exempt from the county tax.  The rate of the
  2 16 county real estate transfer tax shall not exceed fifty cents
  2 17 per five hundred dollars of market value.
  2 18    Sec. 4.  Section 428A.8, Code 1995, is amended to read as
  2 19 follows:
  2 20    428A.8  REMITTANCE TO STATE TREASURER &endash; PORTION RETAINED
  2 21 IN COUNTY.
  2 22    On or before the tenth day of each month the county
  2 23 recorder shall determine and pay to the treasurer of state
  2 24 eighty-two and three-fourths percent of the receipts from the
  2 25 state real estate transfer tax collected during the preceding
  2 26 month and the treasurer of state shall deposit ninety-five
  2 27 percent of the state receipts in the general fund of the state
  2 28 and transfer five percent of the state receipts to the Iowa
  2 29 finance authority for deposit in the housing improvement fund
  2 30 created in section 16.100.  At the time of remittance of the
  2 31 state tax receipts, the county recorder shall deposit into the
  2 32 housing trust fund that county's tax receipts collected during
  2 33 the previous month, if a county real estate transfer tax is
  2 34 imposed.
  2 35    The county recorder shall deposit the remaining seventeen
  3  1 and one-fourth percent of the state receipts in the county
  3  2 general fund.
  3  3    The county recorder shall keep records and make reports
  3  4 with respect to the real estate transfer tax as the director
  3  5 of revenue and finance prescribes.  
  3  6                           EXPLANATION
  3  7    The bill allows a county to impose a county real estate
  3  8 transfer tax that would be collected in the same manner as the
  3  9 state tax and the tax revenues would be deposited into a
  3 10 housing trust fund.  The trust fund is a revolving fund
  3 11 established by the county for the purpose of meeting the
  3 12 housing needs of lower income families.  Some of the purposes
  3 13 for which the moneys in the housing trust fund could be used
  3 14 involve grants for group home shelters for the homeless, home
  3 15 maintenance and repair programs, rental rehabilitation
  3 16 programs, and a home ownership incentive program generally
  3 17 limited to mortgages under $55,000.  
  3 18 LSB 1248SS 76
  3 19 mg/jw/5
     

Text: SF00094                           Text: SF00096
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