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Text: HF00722                           Text: HF00724
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House File 723

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.108, Code 1997, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  11.  HOUSING DEVELOPMENT.  a.  To provide
  1  4 assistance to local governments, housing organizations,
  1  5 economic development groups, and other local entities to
  1  6 increase the development of housing in the state and to
  1  7 improve the quality of existing housing in order to maximize
  1  8 the effects of other economic development efforts.
  1  9    b.  To carry out this responsibility, the department shall:
  1 10    (1)  Provide housing needs assessments.
  1 11    (2)  Provide a one-stop source, in coordination with other
  1 12 agencies of the state, for housing development assistance.
  1 13    (3)  Establish programs which assist communities or local
  1 14 entities in developing housing to meet a range of community
  1 15 needs, including programs to assist homeless shelter
  1 16 operations and programs to assist in the development of
  1 17 housing to enhance economic development opportunities in the
  1 18 community.
  1 19    Sec. 2.  NEW SECTION.  15.351  SHORT TITLE.
  1 20    This part shall be known and may be cited as the "Local
  1 21 Housing Assistance Program".
  1 22    Sec. 3.  NEW SECTION.  15.352  PURPOSE.
  1 23    The purpose of this part is to assist communities on a
  1 24 cooperative basis to address the housing development needs in
  1 25 the communities in order to better position the communities
  1 26 for economic development or to meet housing needs arising as a
  1 27 result of other economic development efforts in the area.
  1 28 Assistance may be either technical or financial and shall be
  1 29 provided pursuant to rules established by the department in
  1 30 accordance with the provisions of this part and be coordinated
  1 31 with existing housing assessment and assistance programs when
  1 32 feasible.
  1 33    Sec. 4.  NEW SECTION.  15.353  PROGRAM.
  1 34    The department shall establish the local housing assistance
  1 35 program in coordination with the Iowa finance authority to
  2  1 effectuate the purposes of this part, subject to the following
  2  2 provisions:
  2  3    1.  The department shall provide financial assistance on a
  2  4 competitive basis for housing projects.  Requests for
  2  5 assistance for housing projects may be made by a city, county,
  2  6 housing trust fund, local housing organization, recognized
  2  7 neighborhood organization, economic development organization,
  2  8 or other entity or by a local housing group on behalf of a
  2  9 local entity.  To be eligible to receive assistance, a housing
  2 10 needs assessment must have been completed for the community in
  2 11 which the project will be undertaken within the five years
  2 12 prior to the date of the application.
  2 13    2.  The department shall also provide technical assistance
  2 14 to local housing groups or entities.  Technical assistance
  2 15 provided under the program shall be coordinated with existing
  2 16 departmental programs or resources and existing programs or
  2 17 resources of the Iowa finance authority, to the extent
  2 18 feasible.
  2 19    3.  A local housing group which applies to the department
  2 20 on behalf of a local entity shall not directly administer a
  2 21 project receiving financial assistance under the program.  The
  2 22 project shall be administered by the entity for which the
  2 23 local housing group made the application.
  2 24    4.  In reviewing applications for financial assistance, the
  2 25 department shall consider a variety of factors including, but
  2 26 not limited to, the following:
  2 27    a.  Whether the project is consistent with the
  2 28 recommendations of the housing needs assessment.
  2 29    b.  Whether the need for the project arose as a result of
  2 30 economic development efforts or opportunities not reflected in
  2 31 the housing needs assessment.  When considering projects not
  2 32 consistent with the housing needs assessment, the department
  2 33 shall consider whether failure to fund the project will cause
  2 34 the economic development activity necessitating the project to
  2 35 fail.
  3  1    c.  Whether the local housing group or entity has adopted a
  3  2 comprehensive housing plan for the community in which the
  3  3 project will be undertaken.
  3  4    d.  The extent to which financial assistance under the
  3  5 program will leverage local or private matching funds or
  3  6 financial assistance or other state or federal financial
  3  7 assistance.
  3  8    5.  As used in this part:
  3  9    a.  "Community" means a city or county, or an entity
  3 10 established pursuant to chapter 28E.
  3 11    b.  "Local housing group" means an entity organized to
  3 12 represent community housing development interest.
  3 13    Sec. 5.  Section 16.91, subsection 1, Code 1997, is amended
  3 14 to read as follows:
  3 15    1.  The authority through the title guaranty division shall
  3 16 initiate and operate a program in which the division shall
  3 17 offer guaranties of real property titles in this state.  The
  3 18 terms, conditions and form of the guaranty contract shall be
  3 19 forms approved by the division board.  The division shall fix
  3 20 a charge for the guaranty in an amount sufficient to permit
  3 21 the program to operate on a self-sustaining basis, including
  3 22 payment of administrative costs and the maintenance of an
  3 23 adequate reserve against claims under the title guaranty
  3 24 program.  A title guaranty fund is created in the office of
  3 25 the treasurer of state.  Funds collected under this program
  3 26 shall be placed in the title guaranty fund and are available
  3 27 to pay all claims, necessary reserves and all administrative
  3 28 costs of the title guaranty program.  Moneys in the fund shall
  3 29 not revert to the general fund and interest on the moneys in
  3 30 the fund shall be retained as a part of the fund transferred
  3 31 to the department of economic development for the local
  3 32 housing assistance program established in section 15.353 and
  3 33 shall not accrue to the general fund.  If the authority board
  3 34 in consultation with the division board determines that there
  3 35 are surplus funds in the title guaranty fund after providing
  4  1 for adequate reserves and operating expenses of the division,
  4  2 the surplus funds shall be transferred to the housing program
  4  3 fund created pursuant to section 16.40.
  4  4    Sec. 6.  Section 103A.10, subsection 4, paragraph a, Code
  4  5 1997, is amended by striking the paragraph.
  4  6    Sec. 7.  Section 404.1, Code 1997, is amended by adding the
  4  7 following new subsection:
  4  8    NEW SUBSECTION.  5.  An area designated as appropriate for
  4  9 public improvements related to housing and residential
  4 10 development, or construction of housing and residential
  4 11 development, including single or multifamily housing.
  4 12    Sec. 8.  NEW SECTION.  404.3A  RESIDENTIAL DEVELOPMENT AREA
  4 13 EXEMPTION.
  4 14    Notwithstanding section 404.3, all qualified real estate
  4 15 assessed as residential property in an area designated under
  4 16 section 404.1, subsection 5, is eligible to receive an
  4 17 exemption from taxation on the first seventy-five thousand
  4 18 dollars of actual value added by the improvements.  The
  4 19 exemption is for a period of five years.
  4 20    Sec. 9.  Section 428A.8, Code 1997, is amended to read as
  4 21 follows:
  4 22    428A.8  REMITTANCE TO STATE TREASURER – PORTION RETAINED
  4 23 IN COUNTY.
  4 24    1.  On or before the tenth day of each month the county
  4 25 recorder shall determine and pay to the treasurer of state
  4 26 eighty-two and three-fourths percent of the receipts from the
  4 27 real estate transfer tax collected during the preceding month
  4 28 and the treasurer of state shall deposit ninety-five percent
  4 29 of the receipts in the general fund of the state and transfer
  4 30 five percent of the receipts to the Iowa finance authority for
  4 31 deposit in the housing improvement fund created in section
  4 32 16.100. the receipts as follows:
  4 33    a.  For the fiscal year beginning July 1, 1998, and ending
  4 34 June 30, 1999, eighty-seven and one-half percent of the
  4 35 receipts shall be deposited in the general fund of the state
  5  1 and twelve and one-half percent of the receipts shall be
  5  2 transferred to the department of economic development to be
  5  3 used only for the purposes of the regional housing program
  5  4 established in section 15.351.
  5  5    b.  For the fiscal year beginning July 1, 1999, and ending
  5  6 June 30, 2000, seventy-five percent of the receipts shall be
  5  7 deposited in the general fund of the state and twenty-five
  5  8 percent of the receipts shall be transferred to the department
  5  9 of economic development to be used only for the purposes of
  5 10 the regional housing program established in section 15.351.
  5 11    c.  For the fiscal year beginning July 1, 2000, and ending
  5 12 June 30, 2001, sixty-two and one-half percent of the receipts
  5 13 shall be deposited in the general fund of the state and
  5 14 thirty-seven and one-half percent of the receipts shall be
  5 15 transferred to the department of economic development to be
  5 16 used only for the purposes of the regional housing program
  5 17 established in section 15.351.
  5 18    d.  For the fiscal year beginning July 1, 2001, and ending
  5 19 June 30, 2002, fifty percent of the receipts shall be
  5 20 deposited in the general fund of the state and fifty percent
  5 21 of the receipts shall be transferred to the department of
  5 22 economic development to be used only for the purposes of the
  5 23 regional housing program established in section 15.351.
  5 24    e.  For the fiscal year beginning July 1, 2002, and ending
  5 25 June 30, 2003, thirty-seven and one-half percent of the
  5 26 receipts shall be deposited in the general fund of the state
  5 27 and sixty-two and one-half percent of the receipts shall be
  5 28 transferred to the department of economic development to be
  5 29 used only for the purposes of the regional housing program
  5 30 established in section 15.351.
  5 31    f.  For the fiscal year beginning July 1, 2003, and ending
  5 32 June 30, 2004, twenty-five percent of the receipts shall be
  5 33 deposited in the general fund of the state and seventy-five
  5 34 percent of the receipts shall be transferred to the department
  5 35 of economic development to be used only for the purposes of
  6  1 the regional housing program established in section 15.351.
  6  2    g.  For the fiscal year beginning July 1, 2004, and ending
  6  3 June 30, 2005, twelve and one-half percent of the receipts
  6  4 shall be deposited in the general fund of the state and
  6  5 eighty-seven and one-half percent of the receipts shall be
  6  6 transferred to the department of economic development to be
  6  7 used only for the purposes of the regional housing program
  6  8 established in section 15.351.
  6  9    h.  For the fiscal year beginning July 1, 2005, and each
  6 10 subsequent fiscal year, one hundred percent of the receipts
  6 11 shall be transferred to the department of economic development
  6 12 to be used only for the purposes of the regional housing
  6 13 program established in section 15.351.
  6 14    2.  The county recorder shall deposit the remaining
  6 15 seventeen and one-fourth percent of the receipts in the county
  6 16 general fund.
  6 17    3.  The county recorder shall keep records and make reports
  6 18 with respect to the real estate transfer tax as the director
  6 19 of revenue and finance prescribes.
  6 20    Sec. 10.  Section 543B.46, subsection 1, Code 1997, is
  6 21 amended to read as follows:
  6 22    1.  Each real estate broker shall maintain a common trust
  6 23 account in a bank, a savings and loan association, savings
  6 24 bank, or credit union for the deposit of all down payments,
  6 25 earnest money deposits, or other trust funds received by the
  6 26 broker or the broker's salespersons on behalf of the broker's
  6 27 principal, except that a broker acting as a salesperson shall
  6 28 deposit these funds in the common trust account of the broker
  6 29 for whom the broker acts as salesperson.  The account shall be
  6 30 an interest-bearing account.  The interest on the account
  6 31 shall be transferred quarterly to the treasurer of state and
  6 32 deposited in the title guaranty fund and used for public
  6 33 purposes and the benefit of the public pursuant to section
  6 34 16.91 unless there is a written agreement between the buyer
  6 35 and seller to the contrary.  The broker shall not benefit from
  7  1 interest received on funds of others in the broker's
  7  2 possession transferred to the department of economic
  7  3 development for the local housing assistance program
  7  4 established in section 15.353.  
  7  5                           EXPLANATION
  7  6    This bill does the following:
  7  7    1.  Adds housing development to the primary
  7  8 responsibilities of the department of economic development.
  7  9 The bill requires the department to provide housing needs
  7 10 assessments, provide a one-stop source for housing development
  7 11 assistance in coordination with other state agencies, and
  7 12 establish programs to assist communities in developing housing
  7 13 to meet a range of community needs.
  7 14    2.  Establishes the local housing assistance program in the
  7 15 department of economic development.  The purpose of the
  7 16 program is to provide financial and technical assistance to
  7 17 cities, counties, local housing entities, or local economic
  7 18 development organizations to meet housing development needs
  7 19 arising from economic development efforts.  Financial
  7 20 assistance under the program is to be awarded on a competitive
  7 21 basis to cities, counties, housing trust funds, other local
  7 22 housing organizations, or local economic development
  7 23 organizations.  To be eligible to receive assistance the
  7 24 community in which the project will be undertaken must have
  7 25 had a housing needs assessment completed within the five years
  7 26 prior to the application for assistance.  In reviewing
  7 27 applications for financial assistance, the department shall
  7 28 consider whether the proposed project is consistent with the
  7 29 community's housing needs assessment, whether the project is
  7 30 necessitated by other economic development efforts, whether
  7 31 economic development efforts by the community would fail if a
  7 32 project necessitated by those efforts, but not consistent with
  7 33 the housing needs assessment, is not funded, whether the
  7 34 community has adopted a comprehensive housing plan, and
  7 35 whether there will be a local match to the financial
  8  1 assistance.
  8  2    3.  Provides that interest on moneys in the title guarantee
  8  3 fund of the Iowa finance authority and in real estate brokers
  8  4 common trust accounts shall be transferred to the department
  8  5 of economic development for the local housing assistance
  8  6 program.
  8  7    4.  Authorizes cities and counties to provide a property
  8  8 tax exemption for the first $75,000 of value of improvements
  8  9 added to residential property in an area designated by the
  8 10 city or county as appropriate for public improvements related
  8 11 to housing and residential development, or construction of
  8 12 housing and residential development, including single or
  8 13 multifamily housing.
  8 14    5.  Provides that the proceeds from the real estate
  8 15 transfer tax under Code section 428A.8 currently being
  8 16 deposited with the Iowa finance authority shall be transferred
  8 17 to the department of economic development for the fiscal year
  8 18 beginning July 1, 1998.  For the fiscal year beginning July 1,
  8 19 1998, the proceeds from the tax shall be deposited as follows:
  8 20    a.  For the fiscal year beginning July 1, 1998, 87.5
  8 21 percent of the proceeds shall continue to be deposited in the
  8 22 general fund of the state and 12.5 percent shall be
  8 23 transferred to the department.
  8 24    b.  For the fiscal year beginning July 1, 1999, 75 percent
  8 25 of the proceeds shall continue to be deposited in the general
  8 26 fund of the state and 25 percent shall be transferred to the
  8 27 department.
  8 28    c.  For the fiscal year beginning July 1, 2000, 62.5
  8 29 percent of the proceeds shall continue to be deposited in the
  8 30 general fund of the state and 37.5 percent shall be
  8 31 transferred to the department.
  8 32    d.  For the fiscal year beginning July 1, 2001, 50 percent
  8 33 of the proceeds shall continue to be deposited in the general
  8 34 fund of the state and 50 percent shall be transferred to the
  8 35 department.
  9  1    e.  For the fiscal year beginning July 1, 2002, 37.5
  9  2 percent of the proceeds shall continue to be deposited in the
  9  3 general fund of the state and 62.5 percent shall be
  9  4 transferred to the department.
  9  5    f.  For the fiscal year beginning July 1, 2003, 25 percent
  9  6 of the proceeds shall continue to be deposited in the general
  9  7 fund of the state and 75 percent shall be transferred to the
  9  8 department.
  9  9    g.  For the fiscal year beginning July 1, 2004, 12.5
  9 10 percent of the proceeds shall continue to be deposited in the
  9 11 general fund of the state and 87.5 percent shall be
  9 12 transferred to the department.
  9 13    h.  For the fiscal year beginning July 1, 2005, and each
  9 14 subsequent year, 100 percent of the tax proceeds currently
  9 15 going to the general fund shall be transferred to the
  9 16 department.
  9 17    The counties would continue to retain 17.25 percent of the
  9 18 gross real estate transfer tax receipts.  
  9 19 LSB 2377HV 77
  9 20 mk/jj/8
     

Text: HF00722                           Text: HF00724
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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