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House Amendment 2008

Amendment Text

PAG LIN
  1  1    Amend House File 755 as follows:
  1  2    #1.  Page 10, by inserting after line 24, the
  1  3 following:
  1  4    "Sec. 150.  Section 403.19, subsection 2, Code
  1  5 2001, is amended to read as follows:
  1  6    2.  That portion of the taxes each year in excess
  1  7 of such amount shall be allocated to and when
  1  8 collected be paid into a special fund of the
  1  9 municipality to pay the principal of and interest on
  1 10 loans, moneys advanced to, or indebtedness, whether
  1 11 funded, refunded, assumed, or otherwise, including
  1 12 bonds issued under the authority of section 403.9,
  1 13 subsection 1, incurred by the municipality to finance
  1 14 or refinance, in whole or in part, an urban renewal
  1 15 project within the area, and to provide assistance for
  1 16 low and moderate income family housing as provided in
  1 17 section 403.22, except that taxes for the regular and
  1 18 voter-approved physical plant and equipment levy of a
  1 19 school district imposed pursuant to section 298.2 and
  1 20 taxes for the payment of bonds and interest of each
  1 21 taxing district must be collected against all taxable
  1 22 property within the taxing district without limitation
  1 23 by the provisions of this subsection.  However, all or
  1 24 a portion of the taxes for the physical plant and
  1 25 equipment levy shall be paid by the school district to
  1 26 the municipality if the municipality auditor certifies
  1 27 to the school district by July 1 the amount of such
  1 28 levy that is necessary to pay the principal and
  1 29 interest on indebtedness incurred bonds issued by the
  1 30 municipality to finance an urban renewal project,
  1 31 which indebtedness was incurred bonds were issued
  1 32 before July 1, 2000 2001.  Indebtedness incurred to
  1 33 refund bonds issued prior to July 1, 2001, shall not
  1 34 be included in the certification.  Such school
  1 35 district shall pay over the amount certified by
  1 36 November 1 and May 1 of the fiscal year following
  1 37 certification to the school district.  Unless and
  1 38 until the total assessed valuation of the taxable
  1 39 property in an urban renewal area exceeds the total
  1 40 assessed value of the taxable property in such area as
  1 41 shown by the last equalized assessment roll referred
  1 42 to in subsection 1, all of the taxes levied and
  1 43 collected upon the taxable property in the urban
  1 44 renewal area shall be paid into the funds for the
  1 45 respective taxing districts as taxes by or for the
  1 46 taxing districts in the same manner as all other
  1 47 property taxes.  When such loans, advances,
  1 48 indebtedness, and bonds, if any, and interest thereon,
  1 49 have been paid, all moneys thereafter received from
  1 50 taxes upon the taxable property in such urban renewal
  2  1 area shall be paid into the funds for the respective
  2  2 taxing districts in the same manner as taxes on all
  2  3 other property.
  2  4    Sec. 151.  Section 403.19, Code 2001, is amended by
  2  5 adding the following new subsection:
  2  6    NEW SUBSECTION.  7.  For any fiscal year, a
  2  7 municipality may certify to the county auditor for
  2  8 physical plant and equipment revenue necessary for
  2  9 payment of principal and interest on bonds issued
  2 10 prior to July 1, 2001, only if the municipality
  2 11 certified for such revenue for the fiscal year
  2 12 beginning July 1, 2001.  A municipality shall not
  2 13 certify to the county auditor for a school district
  2 14 more than the amount the municipality certified for
  2 15 the fiscal year beginning July 1, 2001.  If for any
  2 16 fiscal year a municipality fails to certify to the
  2 17 county auditor for a school district by July 1 the
  2 18 amount of physical plant and equipment revenue
  2 19 necessary for payment of principal and interest on
  2 20 such bonds, as provided in subsection 2, the school
  2 21 district is not required to pay over the revenue to
  2 22 the municipality.  If a school district and a
  2 23 municipality are unable to agree on the amount of
  2 24 physical plant and equipment revenue certified by the
  2 25 municipality for the fiscal year beginning July 1,
  2 26 2002, either party may request that the state appeal
  2 27 board review and finally pass upon the amount that may
  2 28 be certified.  Such appeals must be presented in
  2 29 writing to the state appeal board no later than July
  2 30 31 following certification.  The burden shall be on
  2 31 the municipality to prove that the physical plant and
  2 32 equipment levy revenue is necessary to pay principal
  2 33 and interest on bonds issued prior to July 1, 2001.  A
  2 34 final decision must be issued by the state appeal
  2 35 board no later than the following October 1."
  2 36    #2.  Page 11, by inserting after line 1, the
  2 37 following:
  2 38    "Sec.    .  EFFECTIVE AND APPLICABILITY DATES.
  2 39 Sections 150 and 151 of this division of this Act,
  2 40 being deemed of immediate importance, take effect upon
  2 41 enactment and apply to property taxes due and payable
  2 42 in fiscal years beginning on or after July 1, 2002." 
  2 43 
  2 44 
  2 45                               
  2 46 BOAL of Polk 
  2 47 
  2 48 
  2 49                               
  2 50 FINCH of Story
  3  1 
  3  2 
  3  3                               
  3  4 GRUNDBERG of Polk
  3  5 HF 755.712 79
  3  6 mg/cls
     

Text: H02007                            Text: H02009
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