Text: HF00731 Text: HF00733 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 732 1 2 1 3 AN ACT 1 4 RELATING TO HOUSING DEVELOPMENT AND MAKING AN APPROPRIATION. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 15.108, Code 1997, is amended by adding 1 9 the following new subsection: 1 10 NEW SUBSECTION. 11. HOUSING DEVELOPMENT. a. To provide 1 11 assistance to local governments, housing organizations, 1 12 economic development groups, and other local entities to 1 13 increase the development of housing in the state and to 1 14 improve the quality of existing housing in order to maximize 1 15 the effects of other economic development efforts. 1 16 b. To carry out this responsibility, the department shall: 1 17 (1) Provide housing needs assessments. 1 18 (2) Provide a one-stop source, in coordination with other 1 19 agencies of the state, for housing development assistance. 1 20 (3) Establish programs which assist communities or local 1 21 entities in developing housing to meet a range of community 1 22 needs, including programs to assist homeless shelter 1 23 operations and programs to assist in the development of 1 24 housing to enhance economic development opportunities in the 1 25 community. 1 26 Sec. 2. NEW SECTION. 15.351 SHORT TITLE. 1 27 This part shall be known and may be cited as the "Local 1 28 Housing Assistance Program". 1 29 Sec. 3. NEW SECTION. 15.352 PURPOSE. 1 30 The purpose of this part is to assist communities on a 1 31 cooperative basis to address the housing development needs in 1 32 the communities in order to better position the communities 1 33 for economic development or to meet housing needs arising as a 1 34 result of other economic development efforts in the area. 1 35 Assistance may be either technical or financial and shall be 2 1 provided pursuant to rules established by the department in 2 2 accordance with the provisions of this part and be coordinated 2 3 with existing housing assessment and assistance programs when 2 4 feasible. 2 5 Sec. 4. NEW SECTION. 15.353 PROGRAM. 2 6 The department shall establish the local housing assistance 2 7 program in coordination with the Iowa finance authority to 2 8 effectuate the purposes of this part, subject to the following 2 9 provisions: 2 10 1. The department shall provide financial assistance on a 2 11 competitive basis for housing projects. Requests for 2 12 assistance for housing projects may be made by a city, county, 2 13 housing trust fund, local housing organization, recognized 2 14 neighborhood organization, economic development organization, 2 15 or other entity or by a local housing group on behalf of a 2 16 local entity. To be eligible to receive assistance, a housing 2 17 needs assessment must have been completed for the community in 2 18 which the project will be undertaken within the five years 2 19 prior to the date of the application. 2 20 2. The department shall also provide technical assistance 2 21 to local housing groups or entities. Technical assistance 2 22 provided under the program shall be coordinated with existing 2 23 departmental programs or resources and existing programs or 2 24 resources of the Iowa finance authority, to the extent 2 25 feasible. 2 26 3. A local housing group which applies to the department 2 27 on behalf of a local entity shall not directly administer a 2 28 project receiving financial assistance under the program. The 2 29 project shall be administered by the entity for which the 2 30 local housing group made the application. 2 31 4. In reviewing applications for financial assistance, the 2 32 department shall consider a variety of factors including, but 2 33 not limited to, the following: 2 34 a. Whether the project is consistent with the 2 35 recommendations of the housing needs assessment. 3 1 b. Whether the need for the project arose as a result of 3 2 economic development efforts or opportunities not reflected in 3 3 the housing needs assessment. When considering projects not 3 4 consistent with the housing needs assessment, the department 3 5 shall consider whether failure to fund the project will cause 3 6 the economic development activity necessitating the project to 3 7 fail. 3 8 c. Whether the local housing group or entity has adopted a 3 9 comprehensive housing plan for the community in which the 3 10 project will be undertaken. 3 11 d. The extent to which financial assistance under the 3 12 program will leverage local or private matching funds or 3 13 financial assistance or other state or federal financial 3 14 assistance. 3 15 5. As used in this part: 3 16 a. "Community" means a city or county, or an entity 3 17 established pursuant to chapter 28E. 3 18 b. "Local housing group" means an entity organized to 3 19 represent community housing development interest. 3 20 Sec. 5. NEW SECTION. 15.354 LOCAL HOUSING ASSISTANCE 3 21 PROGRAM FUND. 3 22 1. The local housing assistance program fund is created 3 23 consisting of one million dollars appropriated from the 3 24 rebuild Iowa infrastructure fund each fiscal year starting 3 25 with the fiscal year beginning July 1, 1997, and ending June 3 26 30, 1998, and ending with the fiscal year beginning July 1, 3 27 2001, and ending June 30, 2002, notwithstanding section 8.57, 3 28 subsection 5, paragraph "c", and any other moneys appropriated 3 29 to or received by the department for deposit in the fund. 3 30 2. Payments of interest, recaptures of awards, or other 3 31 repayments to the fund shall be deposited in the fund. Moneys 3 32 in the local housing assistance program fund are not subject 3 33 to section 8.33. 3 34 3. The fund is subject to an annual audit by the auditor 3 35 of state. Moneys in the fund, which may be subject to 4 1 warrants written by the director of revenue and finance, shall 4 2 be drawn upon the written requisition of the director of the 4 3 department of economic development or an authorized 4 4 representative of the director. 4 5 Sec. 6. Section 16.91, subsection 1, Code 1997, is amended 4 6 to read as follows: 4 7 1. The authority through the title guaranty division shall 4 8 initiate and operate a program in which the division shall 4 9 offer guaranties of real property titles in this state. The 4 10 terms, conditions and form of the guaranty contract shall be 4 11 forms approved by the division board. The division shall fix 4 12 a charge for the guaranty in an amount sufficient to permit 4 13 the program to operate on a self-sustaining basis, including 4 14 payment of administrative costs and the maintenance of an 4 15 adequate reserve against claims under the title guaranty 4 16 program. A title guaranty fund is created in the office of 4 17 the treasurer of state. Funds collected under this program 4 18 shall be placed in the title guaranty fund and are available 4 19 to pay all claims, necessary reserves and all administrative 4 20 costs of the title guaranty program. Moneys in the fund shall 4 21 not revert to the general fund and interest on the moneys in 4 22 the fund shall beretained as a part of the fundtransferred 4 23 to the department of economic development for deposit in the 4 24 local housing assistance program fund established in section 4 25 15.354 and shall not accrue to the general fund. If the 4 26 authority board in consultation with the division board 4 27 determines that there are surplus funds in the title guaranty 4 28 fund after providing for adequate reserves and operating 4 29 expenses of the division, the surplus funds shall be 4 30 transferred to the housing program fund created pursuant to 4 31 section 16.40. 4 32 Sec. 7. Section 103A.10, subsection 4, paragraph a, Code 4 33 1997, is amended to read as follows: 4 34 a. Provisions of the state building code establishing 4 35 thermal efficiency energy conservation standards shall be 5 1 applicable to all new construction owned by the state, an 5 2 agency of the state or a political subdivision of the state, 5 3 to all new construction located in a governmental subdivision 5 4 which has adoptedeitherthe state building code,or a local5 5building code or compilation of requirements for building5 6constructionand to all other new construction in the state 5 7 which will contain more than one hundred thousand cubic feet 5 8 of enclosed space that is heated or cooled. 5 9 Sec. 8. Section 103A.10, Code 1997, is amended by adding 5 10 the following new subsection: 5 11 NEW SUBSECTION. 5. Provisions of the state building code 5 12 establishing thermal efficiency energy conservation standards 5 13 shall not apply to new construction which is not owned by a 5 14 governmental subdivision, and which contains less than one 5 15 hundred thousand cubic feet of enclosed space that is heated 5 16 or cooled, and which is located in a governmental subdivision 5 17 that has adopted its own thermal efficiency energy 5 18 conservation standards. 5 19 Sec. 9. Section 403.22, subsection 1, Code 1997, is 5 20 amended by adding the following new unnumbered paragraph: 5 21 NEW UNNUMBERED PARAGRAPH. For a municipality with a 5 22 population of five thousand or less, the municipality need not 5 23 provide any low and moderate income family housing assistance 5 24 if the municipality has completed a housing needs assessment 5 25 meeting the standards set out by the department of economic 5 26 development, which shows no low and moderate income housing 5 27 need and the department of economic development agrees that no 5 28 low and moderate family housing assistance is needed. 5 29 Sec. 10. Section 404.1, Code 1997, is amended by adding 5 30 the following new subsection: 5 31 NEW SUBSECTION. 5. An area designated as appropriate for 5 32 public improvements related to housing and residential 5 33 development, or construction of housing and residential 5 34 development, including single or multifamily housing. 5 35 Sec. 11. NEW SECTION. 404.3A RESIDENTIAL DEVELOPMENT 6 1 AREA EXEMPTION. 6 2 Notwithstanding the schedules provided for in section 6 3 404.3, all qualified real estate assessed as residential 6 4 property in an area designated under section 404.1, subsection 6 5 5, is eligible to receive an exemption from taxation on the 6 6 first seventy-five thousand dollars of actual value added by 6 7 the improvements. The exemption is for a period of five 6 8 years. 6 9 Sec. 12. Section 543B.46, subsection 1, Code 1997, is 6 10 amended to read as follows: 6 11 1. Each real estate broker shall maintain a common trust 6 12 account in a bank, a savings and loan association, savings 6 13 bank, or credit union for the deposit of all down payments, 6 14 earnest money deposits, or other trust funds received by the 6 15 broker or the broker's salespersons on behalf of the broker's 6 16 principal, except that a broker acting as a salesperson shall 6 17 deposit these funds in the common trust account of the broker 6 18 for whom the broker acts as salesperson. The account shall be 6 19 an interest-bearing account. The interest on the account 6 20 shall be transferred quarterly to the treasurer of state and 6 21deposited in the title guaranty fund and used for public6 22purposes and the benefit of the public pursuant to section6 2316.91 unless there is a written agreement between the buyer6 24and seller to the contrary. The broker shall not benefit from6 25interest received on funds of others in the broker's6 26possessiontransferred to the department of economic 6 27 development for deposit in the local housing assistance 6 28 program fund established in section 15.354 unless there is a 6 29 written agreement between the buyer and seller to the 6 30 contrary. The broker shall not benefit from interest received 6 31 on funds of others in the broker's possession. 6 32 6 33 6 34 6 35 RON J. CORBETT 7 1 Speaker of the House 7 2 7 3 7 4 7 5 MARY E. KRAMER 7 6 President of the Senate 7 7 7 8 I hereby certify that this bill originated in the House and 7 9 is known as House File 732, Seventy-seventh General Assembly. 7 10 7 11 7 12 7 13 ELIZABETH ISAACSON 7 14 Chief Clerk of the House 7 15 Approved , 1997 7 16 7 17 7 18 7 19 TERRY E. BRANSTAD 7 20 Governor
Text: HF00731 Text: HF00733 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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