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Senate File 2052

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2052
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PROGRAMS INVOLVING GOVERNMENT FINANCE, BY PROVIDING
  1  5    FOR THE ISSUANCE OF PRIVATE ACTIVITY BONDS TO ADMINISTER
  1  6    PROGRAMS BY GOVERNMENTAL ENTITIES, INCLUDING THE IOWA AGRI-
  1  7    CULTURAL DEVELOPMENT AUTHORITY AND POLITICAL SUBDIVISIONS,
  1  8    AND PROVIDING PROGRAM ASSISTANCE TO BEGINNING FARMERS.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 11 
  1 12    Section 1.  Section 7C.4A, Code 1997, is amended to read as
  1 13 follows:
  1 14    7C.4A  ALLOCATION OF STATE CEILING.
  1 15    For each calendar year, the state ceiling shall be
  1 16 allocated among bonds issued for various purposes as follows:
  1 17    1.  Thirty percent of the state ceiling shall be allocated
  1 18 solely to the Iowa finance authority for the following
  1 19 purposes:
  1 20    a.  Issuing qualified mortgage bonds.
  1 21    b.  Reallocating the amount, or any portion thereof, to
  1 22 another qualified political subdivision for the purpose of
  1 23 issuing qualified mortgage bonds; or
  1 24    c.  Exchanging the allocation, or any portion thereof, for
  1 25 the authority to issue mortgage credit certificates by
  1 26 election under section 25(c) of the Internal Revenue Code.
  1 27    However, at any time during the calendar year the executive
  1 28 director of the Iowa finance authority may determine that a
  1 29 lesser amount need be allocated to the Iowa finance authority
  1 30 and on that date this lesser amount shall be the amount
  1 31 allocated to the authority and the excess shall be allocated
  1 32 under subsection 6 7.
  1 33    2.  Twelve percent of the state ceiling shall be allocated
  1 34 to bonds issued to carry out programs established under
  1 35 chapters 260C, 260E, and 260F.  However, at any time during
  2  1 the calendar year the director of the Iowa department of
  2  2 economic development may determine that a lesser amount need
  2  3 be allocated and on that date this lesser amount shall be the
  2  4 amount allocated for those programs and the excess shall be
  2  5 allocated under subsection 6 7.
  2  6    3.  Sixteen percent of the state ceiling shall be allocated
  2  7 to qualified student loan bonds.  However, at any time during
  2  8 the calendar year the governor's designee, with the approval
  2  9 of the Iowa student loan liquidity corporation, may determine
  2 10 that a lesser amount need be allocated to qualified student
  2 11 loan bonds and on that date the lesser amount shall be the
  2 12 amount allocated for those bonds and the excess shall be
  2 13 allocated under subsection 6 7.
  2 14    4.  Sixteen Twenty-one percent of the state ceiling shall
  2 15 be allocated to qualified small issue bonds issued for first-
  2 16 time farmers.  However, at any time during the calendar year
  2 17 the governor's designee, with the approval of the Iowa
  2 18 agricultural development authority, may determine that a
  2 19 lesser amount need be allocated to qualified small issue bonds
  2 20 for first-time farmers and on that date this lesser amount
  2 21 shall be the amount allocated for those bonds and the excess
  2 22 shall be allocated under subsection 6 7.
  2 23    5.  Eighteen percent of the state ceiling shall be
  2 24 allocated to bonds issued by political subdivisions to finance
  2 25 a qualified industry or industries for the manufacturing,
  2 26 processing, or assembly of agricultural or manufactured
  2 27 products even though the processed products may require
  2 28 further treatment before delivery to the ultimate consumer.
  2 29    5 6.  During the period of January 1 through October 25
  2 30 June 30, five three percent of the state ceiling shall be
  2 31 reserved for private activity bonds issued by political
  2 32 subdivisions, the proceeds of which are used by the issuing
  2 33 political subdivisions.
  2 34    6 7.  a.  The amount of the state ceiling which is not
  2 35 otherwise allocated under subsections 1 through 4 5, and after
  3  1 October 25 June 30, the amount of the state ceiling reserved
  3  2 under subsection 5 6 and not allocated, shall be allocated to
  3  3 all bonds requiring an allocation under section 146 of the
  3  4 Internal Revenue Code without priority for any type of bond
  3  5 over another, except as otherwise provided in sections 7C.5
  3  6 and 7C.11.
  3  7    b.  The population of the state shall be determined in
  3  8 accordance with the Internal Revenue Code.
  3  9    Sec. 2.  Section 7C.5, Code 1997, is amended to read as
  3 10 follows:
  3 11    7C.5  FORMULA FOR ALLOCATION.
  3 12    Except as provided in section 7C.4A, subsections 1 through
  3 13 4 5, the state ceiling shall be allocated among all political
  3 14 subdivisions on a statewide basis on the basis of the
  3 15 chronological orders of receipt by the governor's designee of
  3 16 the applications described in section 7C.6 with respect to a
  3 17 definitive issue of bonds, as determined by the day, hour, and
  3 18 minute time-stamped on the application immediately upon
  3 19 receipt by the governor's designee.  However, for the period
  3 20 January 1 through October 25 June 30 of each year, allocations
  3 21 to bonds for which an amount of the state ceiling has been
  3 22 reserved pursuant to section 7C.4A, subsection 5 6, shall be
  3 23 made to the political subdivisions submitting the applications
  3 24 first from the reserved amount until the reserved amount has
  3 25 been fully allocated and then from the amount specified in
  3 26 section 7C.4A, subsection 6 7.
  3 27    Sec. 3.  Section 7C.6, unnumbered paragraph 1, Code 1997,
  3 28 is amended to read as follows:
  3 29    A political subdivision which proposes to issue bonds for a
  3 30 particular project or purpose for which an allocation of the
  3 31 state ceiling is required and has not already been made under
  3 32 section 7C.4A, subsections 1 through 4 5, must make an
  3 33 application for allocation before issuance of the bonds.  The
  3 34 application may be made by the political subdivision or its
  3 35 representative, the beneficiary of the project or purpose, or
  4  1 by a person acting on behalf of the beneficiary.  The
  4  2 application shall be submitted to the governor's designee, in
  4  3 the form prescribed by the governor's designee.  The
  4  4 application shall contain, where appropriate, the following
  4  5 information:
  4  6    Sec. 4.  Section 7C.7, subsection 1, Code 1997, is amended
  4  7 to read as follows:
  4  8    1.  If the bonds are issued and delivered for the purpose
  4  9 or project within the thirty-day period or the forty-five day
  4 10 extension period provided in subsection 2, the political
  4 11 subdivision or its representative shall within ten days
  4 12 following the issuance and delivery of the bonds or not later
  4 13 than October 25 June 30 of that year, if the bonds were issued
  4 14 and delivered on or before that date, file with the governor's
  4 15 designee, in the form or manner the governor's designee may
  4 16 prescribe, a notification of the date of issuance and the
  4 17 delivery of the bonds, and the actual principal amount of
  4 18 bonds issued and delivered.  The filing of the notification
  4 19 shall be done by actual delivery or by posting in a United
  4 20 States post office depository with correct first class postage
  4 21 paid.  If the actual principal amount of bonds issued and
  4 22 delivered is less than the amount of the allocation, the
  4 23 amount of the allocation is automatically reduced to the
  4 24 actual principal amount of the bonds issued and delivered.
  4 25    Sec. 5.  EXECUTIVE DIRECTOR – CONGRESSIONAL PERSUASION.
  4 26 The executive director of the agricultural development
  4 27 authority as established pursuant to chapter 175 shall use
  4 28 every effort practical to persuade members of the Congress of
  4 29 the United States regarding the following:
  4 30    1.  The need to change provisions in federal law, including
  4 31 the federal Internal Revenue Code, 26 U.S.C. } 141 et seq., in
  4 32 order to allow a person to qualify for assistance under the
  4 33 beginning farmer loan program pursuant to section 175.12, to
  4 34 finance the acquisition of agricultural land, improvements,
  4 35 and depreciable property from a family member, if the purchase
  5  1 price paid for the land, improvements, or depreciable property
  5  2 is not less than seventy-five percent of its appraised value.
  5  3    2.  The need to increase the state of Iowa's ceiling to the
  5  4 issuers of private activity bonds within the state in order to
  5  5 maximize the economic benefit to the citizens of the state
  5  6 from the issuance of private activity bonds pursuant to the
  5  7 federal Internal Revenue Code, 26 U.S.C. } 146.
  5  8    Sec. 6.  COOPERATION BETWEEN THE AGRICULTURAL DEVELOPMENT
  5  9 AUTHORITY AND THE IOWA FINANCE AUTHORITY.  To the extent
  5 10 authorized by the Iowa finance authority, the agricultural
  5 11 development authority may use any percentage of the state
  5 12 ceiling allocated to the Iowa finance authority pursuant to
  5 13 section 7C.4A for purposes of supporting the agricultural
  5 14 development authority in financing the beginning farmer loan
  5 15 program pursuant to section 175.12 through the issuance of
  5 16 qualified small issue bonds.  The Iowa finance authority and
  5 17 the agricultural development authority shall cooperate to
  5 18 every extent practical in order to carry out this section
  5 19 without impeding the purposes of the Iowa finance authority.
  5 20    Sec. 7.  ADDITIONAL POSITION AUTHORIZED.  In addition to
  5 21 any full-time equivalent positions otherwise authorized by the
  5 22 general assembly for the fiscal year beginning July 1, 1998,
  5 23 and ending June 30, 1999, the agricultural development
  5 24 authority, as established in section 175.3, is authorized, one
  5 25 full-time equivalent position for the fiscal year.  
  5 26 
  5 27 
  5 28                                                             
  5 29                               MARY E. KRAMER
  5 30                               President of the Senate
  5 31 
  5 32 
  5 33                                                             
  5 34                               RON J. CORBETT
  5 35                               Speaker of the House
  6  1 
  6  2    I hereby certify that this bill originated in the Senate and
  6  3 is known as Senate File 2052, Seventy-seventh General Assembly.
  6  4 
  6  5 
  6  6                                                             
  6  7                               MARY PAT GUNDERSON
  6  8                               Secretary of the Senate
  6  9 Approved                , 1998
  6 10 
  6 11 
  6 12                         
  6 13 TERRY E. BRANSTAD
  6 14 Governor
     

Text: SF02051                           Text: SF02053
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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