House Amendment 1615


PAG LIN




     1  1    Amend House File 692, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5                       <DIVISION I
     1  6                    PROPERTY TAXATION
     1  7    Section 1.  Section 441.19, subsections 1 and 2,
     1  8 Code 2003, are amended to read as follows:
     1  9    1.  Supplemental and optional to the procedure for
     1 10 the assessment of property by the assessor as provided
     1 11 in this chapter, the assessor may require from all
     1 12 persons required to list their property for taxation
     1 13 as provided by sections 428.1 and 428.2, a
     1 14 supplemental return to be prescribed by the director
     1 15 of revenue and finance upon which the person shall
     1 16 list the person's property and any additions or
     1 17 modifications completed in the prior year to a
     1 18 structure located on the property.  The supplemental
     1 19 return shall be in substantially the same form as now
     1 20 prescribed by law for the assessment rolls used in the
     1 21 listing of property by the assessors.  Every person
     1 22 required to list property for taxation shall make a
     1 23 complete listing of the property upon supplemental
     1 24 forms and return the listing to the assessor as
     1 25 promptly as possible within thirty days of receiving
     1 26 the assessment notice in section 441.23.  The return
     1 27 shall be verified over the signature of the person
     1 28 making the return and section 441.25 applies to any
     1 29 person making such a return.  The assessor shall make
     1 30 supplemental return forms available as soon as
     1 31 practicable after the first day of January of each
     1 32 year.  The assessor shall make supplemental return
     1 33 forms available to the taxpayer by mail, or at a
     1 34 designated place within the taxing district.
     1 35    2.  Upon receipt of such supplemental return from
     1 36 any person the assessor shall prepare a roll assessing
     1 37 such person as hereinafter provided.  In the
     1 38 preparation of such assessment roll the assessor shall
     1 39 be guided not only by the information contained in
     1 40 such supplemental roll, but by any other information
     1 41 the assessor may have or which may be obtained by the
     1 42 assessor as prescribed by the law relating to the
     1 43 assessment of property.  The assessor shall not be
     1 44 bound by any values or square footage determinations
     1 45 or purchase prices as listed in such supplemental
     1 46 return, and may include in the assessment roll any
     1 47 property omitted from the supplemental return which in
     1 48 the knowledge and belief of the assessor should be
     1 49 listed as required by law by the person making the
     1 50 supplemental return.  Upon completion of such roll the
     2  1 assessor shall deliver to the person submitting such
     2  2 supplemental return a copy of the assessment roll,
     2  3 either personally or by mail.
     2  4    Sec. 2.  NEW SECTION.  441.20  LEGISLATIVE INTENT.
     2  5    It is the intent of the general assembly that there
     2  6 be transparency in the property tax system.  It is
     2  7 further the intent of the general assembly that
     2  8 property assessments for purposes of property taxation
     2  9 be equal and uniform within classes of property.  It
     2 10 is further the intent of the general assembly to
     2 11 minimize the impact that maintenance and upkeep by the
     2 12 owner of property has on the assessment of that
     2 13 property and that there be predictability in increases
     2 14 of property assessments and that such predictability
     2 15 be based primarily on the actions of the property
     2 16 owner.  It is further the intent of the general
     2 17 assembly to minimize the impact that increases in
     2 18 assessed value of property will have on property taxes
     2 19 paid and that any increases will be primarily the
     2 20 result of direct action taken by the local taxing
     2 21 authority in setting budget amounts rather than by
     2 22 increases in market value of property.
     2 23    Sec. 3.  Section 441.21, Code 2003, is amended by
     2 24 striking the section and inserting in lieu thereof the
     2 25 following:
     2 26    441.21  ASSESSMENT OF STRUCTURES.
     2 27    1.  All real property, except land, subject to
     2 28 taxation shall be assessed on a value per square foot
     2 29 basis according to the provisions of this section.
     2 30    2.  a.  Subject to paragraph "b", for valuations
     2 31 established as of January 1, 2006, and for subsequent
     2 32 assessment years, the assessed value per square foot
     2 33 of a residential structure shall be an amount equal to
     2 34 the valuation of the structure as determined for the
     2 35 assessment year beginning January 1, 2005, prior to
     2 36 application of the assessment limitation for that
     2 37 year, divided by the total number of square feet of
     2 38 the structure as of January 1, 2005.
     2 39    b.  (1)  The assessed value per square foot of an
     2 40 existing residential structure purchased after January
     2 41 1, 2005, shall be the purchase price of the structure
     2 42 divided by the cumulative inflation factor established
     2 43 for the assessment year following the year of
     2 44 purchase, divided by the total number of square feet
     2 45 of the structure as of January 1 of the assessment
     2 46 year.  The assessed value per square foot of a
     2 47 residential structure newly constructed after January
     2 48 1, 2005, shall be the market value of the structure,
     2 49 as determined by the assessor, divided by the
     2 50 cumulative inflation factor established for the
     3  1 assessment year following the year construction was
     3  2 completed, divided by the total number of square feet
     3  3 of the structure as of January 1 of the assessment
     3  4 year.  However, when valuing an addition that
     3  5 substantially increases the square footage of a
     3  6 structure, only that portion of the structure
     3  7 comprising the addition shall be valued by the
     3  8 assessor under this subparagraph.
     3  9    (2)  If additions or modifications to an existing
     3 10 structure do not constitute a newly constructed
     3 11 structure, the valuation of the structure shall only
     3 12 increase if the square footage of the structure
     3 13 increases.  The increased valuation, if any, equals
     3 14 the amount of increased square feet times the value
     3 15 per square foot of the structure prior to the
     3 16 additions or modifications.
     3 17    3.  a.  Subject to paragraph "b" for valuations
     3 18 established as of January 1, 2006, and for subsequent
     3 19 assessment years, the assessed value per square foot
     3 20 of a commercial or industrial structure shall be an
     3 21 amount equal to the valuation of the structure as
     3 22 determined for the assessment year beginning January
     3 23 1, 2005, prior to application of the assessment
     3 24 limitation for that year, divided by the total number
     3 25 of square feet of the structure as of January 1, 2005.
     3 26    b.  (1)  The assessed value per square foot of an
     3 27 existing commercial or industrial structure purchased
     3 28 after January 1, 2005, shall be the purchase price of
     3 29 the structure divided by the cumulative inflation
     3 30 factor established for the assessment year following
     3 31 the year of purchase, divided by the total number of
     3 32 square feet of the structure as of January 1 of the
     3 33 assessment year.  The assessed value per square foot
     3 34 of a commercial or industrial structure newly
     3 35 constructed after January 1, 2005, shall be the market
     3 36 value of the structure, as determined by the assessor,
     3 37 divided by the cumulative inflation factor established
     3 38 for the assessment year following the year
     3 39 construction was completed, divided by the total
     3 40 number of square feet of the structure as of January 1
     3 41 of the assessment year.  However, when valuing an
     3 42 addition that substantially increases the square
     3 43 footage of a structure, only that portion of the
     3 44 structure comprising the addition shall be valued by
     3 45 the assessor under this subparagraph.
     3 46    (2)  If additions or modifications to an existing
     3 47 structure do not constitute a newly constructed
     3 48 structure, the valuation of the structure shall only
     3 49 increase if the square footage of the structure
     3 50 increases.  The increased valuation, if any, equals
     4  1 the amount of increased square feet times the value
     4  2 per square foot of the structure prior to the
     4  3 additions or modifications.
     4  4    4.  a.  Subject to paragraph "b" for valuations
     4  5 established as of January 1, 2006, and for subsequent
     4  6 assessment years, the assessed value per square foot
     4  7 of an agricultural structure that is not an
     4  8 agricultural dwelling shall be an amount equal to the
     4  9 valuation of the structure as determined for the
     4 10 assessment year beginning January 1, 2005, prior to
     4 11 application of the assessment limitation for that
     4 12 year, divided by the total number of square feet of
     4 13 the structure as of January 1, 2005.
     4 14    b.  (1)  The assessed value per square foot of an
     4 15 existing agricultural structure purchased after
     4 16 January 1, 2005, shall be the productivity value of
     4 17 the structure divided by the cumulative inflation
     4 18 factor established for the assessment year following
     4 19 the year of purchase, divided by the total number of
     4 20 square feet of the structure as of January 1 of the
     4 21 assessment year.  The assessed value per square foot
     4 22 of an agricultural structure newly constructed after
     4 23 January 1, 2005, shall be the productivity value of
     4 24 the structure for the assessment year following the
     4 25 year construction was completed, as determined by the
     4 26 assessor, divided by the cumulative inflation factor
     4 27 established for the assessment year following the year
     4 28 construction was completed, divided by the total
     4 29 number of square feet of the structure as of January 1
     4 30 of the assessment year.  However, when valuing an
     4 31 addition that substantially increases the square
     4 32 footage of a structure, only that portion of the
     4 33 structure comprising the addition shall be valued by
     4 34 the assessor under this subparagraph.
     4 35    (2)  If additions or modifications to an existing
     4 36 structure do not constitute a newly constructed
     4 37 structure, the valuation of the structure shall only
     4 38 increase if the square footage of the structure
     4 39 increases.  The increased valuation, if any, equals
     4 40 the amount of increased square feet times the value
     4 41 per square foot of the structure prior to the
     4 42 additions or modifications.
     4 43    5.  a.  In determining the market value of newly
     4 44 constructed property, except agricultural structures,
     4 45 the assessor may determine the value of the property
     4 46 using uniform and recognized appraisal methods
     4 47 including its productive and earning capacity, if any,
     4 48 industrial conditions, its cost, physical and
     4 49 functional depreciation and obsolescence and
     4 50 replacement cost, and all other factors which would
     5  1 assist in determining the fair and reasonable market
     5  2 value of the property but the actual value shall not
     5  3 be determined by use of only one such factor.  The
     5  4 following shall not be taken into consideration:
     5  5 special value or use value of the property to its
     5  6 present owner, and the goodwill or value of a business
     5  7 that uses the property as distinguished from the value
     5  8 of the property as property.  However, in assessing
     5  9 property that is rented or leased to low=income
     5 10 individuals and families as authorized by section 42
     5 11 of the Internal Revenue Code, as amended, and which
     5 12 section limits the amount that the individual or
     5 13 family pays for the rental or lease of units in the
     5 14 property, the assessor shall use the productive and
     5 15 earning capacity from the actual rents received as a
     5 16 method of appraisal and shall take into account the
     5 17 extent to which that use and limitation reduces the
     5 18 market value of the property.  The assessor shall not
     5 19 consider any tax credit equity or other subsidized
     5 20 financing as income provided to the property in
     5 21 determining the market value.  Upon adoption of
     5 22 uniform rules by the department of revenue and finance
     5 23 or covering assessments and valuations of such
     5 24 properties, the valuation on such properties shall be
     5 25 determined in accordance with such values for
     5 26 assessment purposes to assure uniformity, but such
     5 27 rules shall not be inconsistent with or change the
     5 28 foregoing means of determining the market value.
     5 29    b.  The actual value of special purpose tooling,
     5 30 which is subject to assessment and taxation as real
     5 31 property under section 427A.1, subsection 1, paragraph
     5 32 "e", but which can be used only to manufacture
     5 33 property which is protected by one or more United
     5 34 States or foreign patents, shall not exceed the fair
     5 35 and reasonable exchange value between a willing buyer
     5 36 and a willing seller, assuming that the willing buyer
     5 37 is purchasing only the special purpose tooling and not
     5 38 the patent covering the property which the special
     5 39 purpose tooling is designed to manufacture nor the
     5 40 rights to manufacture the patented property.  For
     5 41 purposes of this paragraph, special purpose tooling
     5 42 includes dies, jigs, fixtures, molds, patterns, and
     5 43 similar property.  The assessor shall not take into
     5 44 consideration the special value or use value to the
     5 45 present owner of the special purpose tooling which is
     5 46 designed and intended solely for the manufacture of
     5 47 property protected by a patent in arriving at the
     5 48 actual value of the special purpose tooling.
     5 49    c.  In determining the purchase price of a
     5 50 structure, the assessor shall consider whether the
     6  1 sale was a fair and reasonable exchange in the year in
     6  2 which the property was listed and valued between a
     6  3 willing buyer and a willing seller, neither being
     6  4 under any compulsion to buy or sell and each being
     6  5 familiar with all the facts relating to the particular
     6  6 property.  Sale prices of the property or comparable
     6  7 property in normal transactions reflecting market
     6  8 value, and the probable availability or unavailability
     6  9 of persons interested in purchasing the property,
     6 10 shall be taken into consideration in determining
     6 11 purchase price.  In determining purchase price, sale
     6 12 prices of property in abnormal transactions not
     6 13 reflecting market value shall not be taken into
     6 14 account, or shall be adjusted to eliminate the effect
     6 15 of factors which distort market value, including but
     6 16 not limited to sales to immediate family of the
     6 17 seller, foreclosure or other forced sales, contract
     6 18 sales, or discounted purchase transactions.
     6 19    d.  If a county enters into a contract before May
     6 20 1, 2003, for a comprehensive revaluation by a private
     6 21 appraiser and such revaluation is for the assessment
     6 22 year beginning January 1, 2006, the valuations
     6 23 determined under the comprehensive revaluation for
     6 24 that assessment year shall be divided by the
     6 25 cumulative inflation factor for the assessment year
     6 26 beginning January 1, 2006, and that quotient shall be
     6 27 considered the valuation of the property for the
     6 28 assessment year beginning January 1, 2005.
     6 29    6.  Notwithstanding any other provision of this
     6 30 section, the assessed value per square foot of a
     6 31 structure times the total number of square feet of the
     6 32 structure shall not exceed its fair and reasonable
     6 33 market value for the assessment year, except for
     6 34 agricultural structures which shall be valued
     6 35 exclusively as provided in subsection 4.
     6 36    7.  For purposes of this section:
     6 37    a.  "Annual inflation factor" means an index,
     6 38 expressed as a percentage, determined by the
     6 39 department by January 15 of the assessment year for
     6 40 which the factor is determined, which reflects the
     6 41 purchasing power of the dollar as a result of
     6 42 inflation during the twelve=month period ending
     6 43 September 30 of the calendar year preceding the
     6 44 assessment year for which the factor is determined.
     6 45 In determining the annual inflation factor, the
     6 46 department shall use the annual percent change, but
     6 47 not less than zero percent, in the gross domestic
     6 48 product price deflator computed for the calendar year
     6 49 by the bureau of economic analysis of the United
     6 50 States department of commerce and shall add all of
     7  1 that percent change to one hundred percent.  The
     7  2 annual inflation factor and the cumulative inflation
     7  3 factor shall each be expressed as a percentage rounded
     7  4 to the nearest one=tenth of one percent.  The annual
     7  5 inflation factor shall not be less than one hundred
     7  6 percent.  The annual inflation factor for the 2005
     7  7 calendar year is one hundred percent.
     7  8    b.  "Cumulative inflation factor" means the product
     7  9 of the annual inflation factor for the 2005 calendar
     7 10 year and all annual inflation factors for subsequent
     7 11 calendar years as determined pursuant to this
     7 12 subsection.  The cumulative inflation factor applies
     7 13 to the assessment year beginning on January 1 of the
     7 14 calendar year for which the latest annual inflation
     7 15 factor has been determined.
     7 16    c.  "Newly constructed" includes, but is not
     7 17 limited to, structural replacement, additions that
     7 18 substantially increase the square footage, conversion
     7 19 into another class of property, and conversion from
     7 20 exempt property under section 427.1 to taxable
     7 21 property.  For commercial and industrial property,
     7 22 "newly constructed" also includes an addition or
     7 23 removal to a structure of personal property taxed as
     7 24 real estate under chapter 427A.
     7 25    d.  "Structure" means any part of that which is
     7 26 built or constructed, an edifice or building of any
     7 27 kind, or any piece of work artificially built up or
     7 28 composed of parts joined together in some definite
     7 29 manner.  For residential structures, structure
     7 30 includes only those parts of the structure, including
     7 31 basements and attics, that are or could be used as
     7 32 living space.  "Structure" does not include the land
     7 33 beneath, or horizontal improvements relating to the
     7 34 structure, such as sidewalks, sewers, or retaining
     7 35 walls.
     7 36    8.  For the purpose of computing the debt
     7 37 limitations for municipalities, political
     7 38 subdivisions, and school districts, the term "actual
     7 39 value" means the "actual value" as determined under
     7 40 this section without application of any percentage
     7 41 reduction and entered opposite each item, and as
     7 42 listed on the tax list as provided in section 443.2,
     7 43 as "actual value".
     7 44    Whenever any board of review or other tribunal
     7 45 changes the assessed value of property, all applicable
     7 46 records of assessment shall be adjusted to reflect
     7 47 such change in both assessed value and actual value of
     7 48 such property.
     7 49    9.  The provisions of this chapter and chapters
     7 50 443, 443A, and 444 shall be subject to legislative
     8  1 review at least once every five years.  The review
     8  2 shall be based upon a property tax status report
     8  3 containing the recommendations of a property tax
     8  4 implementation committee appointed to conduct a review
     8  5 of the land tax, square footage tax, the baseline
     8  6 assessment for the square footage tax, and other
     8  7 related provisions, to be prepared with the assistance
     8  8 of the departments of management and revenue and
     8  9 finance.  The report shall include recommendations for
     8 10 changes or revisions based upon demographic changes
     8 11 and property tax valuation fluctuations observed
     8 12 during the preceding five=year interval, and a summary
     8 13 of issues that have arisen since the previous review
     8 14 and potential approaches for their resolution.  The
     8 15 first such report shall be submitted to the general
     8 16 assembly no later than January 1, 2010, with
     8 17 subsequent reports developed and submitted by January
     8 18 1 at least every fifth year thereafter.
     8 19    Sec. 4.  NEW SECTION.  441.21A  PROPERTY
     8 20 CLASSIFICATIONS.
     8 21    1.  a.  Agricultural land shall be valued at its
     8 22 productivity value.  The productivity value of
     8 23 agricultural land shall be determined on the basis of
     8 24 productivity and net earning capacity of the land
     8 25 determined on the basis of its use for agricultural
     8 26 purposes capitalized at a rate of seven percent and
     8 27 applied uniformly among counties and among classes of
     8 28 property.  Any formula or method employed to determine
     8 29 productivity and net earning capacity of land shall be
     8 30 adopted in full by rule.
     8 31    b.  In counties or townships in which field work on
     8 32 a modern soil survey has been completed since January
     8 33 1, 1949, the assessor shall place emphasis upon the
     8 34 results of the survey in spreading the valuation among
     8 35 individual parcels of such agricultural land.
     8 36    c.  "Agricultural land" includes the land of a
     8 37 vineyard.
     8 38    2.  a.  "Residential property" includes all lands
     8 39 and buildings which are primarily used or intended for
     8 40 human habitation, including those buildings located on
     8 41 agricultural land.  Buildings used primarily or
     8 42 intended for human habitation shall include the
     8 43 dwelling as well as structures and improvements used
     8 44 primarily as a part of, or in conjunction with, the
     8 45 dwelling.  This includes but is not limited to
     8 46 garages, whether attached or detached, tennis courts,
     8 47 swimming pools, guest cottages, and storage sheds for
     8 48 household goods.  Residential property located on
     8 49 agricultural land shall include only buildings.
     8 50    b.  "Residential property" includes all land and
     9  1 buildings of multiple housing cooperatives organized
     9  2 under chapter 499A and includes land and buildings
     9  3 used primarily for human habitation which land and
     9  4 buildings are owned and operated by organizations that
     9  5 have received tax=exempt status under section
     9  6 501(c)(3) of the Internal Revenue Code and rental
     9  7 income from the property is not taxed as unrelated
     9  8 business income under section 422.33, subsection 1A.
     9  9    c.  "Residential property" includes an apartment in
     9 10 a horizontal property regime referred to in chapter
     9 11 499B which is used or intended for use for human
     9 12 habitation regardless of who occupies the apartment.
     9 13 Existing structures shall not be converted to a
     9 14 horizontal property regime unless applicable building
     9 15 code requirements have been met.
     9 16    d.  Buildings for human habitation that are used as
     9 17 commercial ventures, including but not limited to
     9 18 hotels, motels, rest homes, and structures containing
     9 19 three or more separate living quarters shall not be
     9 20 considered residential property.
     9 21    Sec. 5.  Section 441.23, Code 2003, is amended to
     9 22 read as follows:
     9 23    441.23  NOTICE OF VALUATION.
     9 24    If there has been an increase or decrease in the
     9 25 valuation of the property, or upon the written request
     9 26 of the person assessed, the assessor shall, at the
     9 27 time of making the assessment, inform the person
     9 28 assessed, in writing, of the valuation put upon the
     9 29 taxpayer's property, and notify the person, if the
     9 30 person feels aggrieved, to appear before the board of
     9 31 review and show why the assessment should be changed.
     9 32 However, if the valuation of a class of agricultural
     9 33 property is uniformly decreased, the assessor may
     9 34 notify the affected property owners by publication in
     9 35 the official newspapers of the county.  The owners of
     9 36 real property shall be notified not later than April
     9 37 15 of any adjustment of the real property assessment.
     9 38 The notification shall include a supplemental return
     9 39 form for the person to list the person's property and
     9 40 any additions or modifications completed in the prior
     9 41 year to a structure located on the property, as
     9 42 required in section 441.19.
     9 43    Sec. 6.  Section 441.24, Code 2003, is amended to
     9 44 read as follows:
     9 45    441.24  REFUSAL TO FURNISH STATEMENT.
     9 46    1.  If a person refuses to furnish the verified
     9 47 statements required in connection with the assessment
     9 48 of property by the assessor, or to list the
     9 49 corporation's or person's property, the director of
     9 50 revenue and finance, or assessor, as the case may be,
    10  1 shall proceed to list and assess the property
    10  2 according to the best information obtainable, and
    10  3 shall add to the taxable agricultural land and square
    10  4 footage valuation one hundred percent thereof, which
    10  5 valuation and penalty shall be separately shown, and
    10  6 shall constitute the assessment; and if the
    10  7 agricultural land or square footage valuation of the
    10  8 property is changed by a board of review, or on appeal
    10  9 from a board of review, a like penalty shall be added
    10 10 to the valuation thus fixed.
    10 11    2.  However, all or part of the penalty imposed
    10 12 under this section may be waived by the board of
    10 13 review upon application to the board by the assessor
    10 14 or the property owner.  The waiver or reduction in the
    10 15 penalty shall be allowed only on the agricultural land
    10 16 or the square footage valuation of real property the
    10 17 structure against which the penalty has been imposed.
    10 18    Sec. 7.  Section 441.26, unnumbered paragraph 3,
    10 19 Code 2003, is amended to read as follows:
    10 20    The notice in 1981 2007 and each odd=numbered year
    10 21 thereafter shall contain a statement that the
    10 22 agricultural property assessments and property
    10 23 assessed pursuant to section 441.21, subsection 2,
    10 24 paragraph "b", subparagraph (1), and subsection 3,
    10 25 paragraph "b", subparagraph (1), are subject to
    10 26 equalization pursuant to an order issued by the
    10 27 director of revenue and finance, that the county
    10 28 auditor shall give notice on or before October 15 by
    10 29 publication in an official newspaper of general
    10 30 circulation to any class of agricultural property
    10 31 affected by the equalization order, and that the board
    10 32 of review shall be in session from October 15 to
    10 33 November 15 to hear protests of affected property
    10 34 owners or taxpayers whose valuations have been
    10 35 adjusted by the equalization order.
    10 36    Sec. 8.  Section 441.26, unnumbered paragraphs 4
    10 37 and 5, Code 2003, are amended to read as follows:
    10 38    The assessment rolls shall be used in listing the
    10 39 property, the number of structures, and the total
    10 40 square footage of the structures by class of property,
    10 41 and showing the values affixed to agricultural land
    10 42 and the assessed value per square foot affixed to the
    10 43 property the structures by class of property of all
    10 44 persons assessed.  The rolls shall be made in
    10 45 duplicate.  The duplicate roll shall be signed by the
    10 46 assessor, detached from the original and delivered to
    10 47 the person assessed if there has been an increase or
    10 48 decrease in the valuation of the property.  If there
    10 49 has been no change in the evaluation, the information
    10 50 on the roll may be printed on computer stock paper and
    11  1 preserved as required by this chapter.  If the person
    11  2 assessed requests in writing a copy of the roll, the
    11  3 copy shall be provided to the person.  The pages of
    11  4 the assessor's assessment book shall contain columns
    11  5 ruled and headed for the information required by this
    11  6 chapter and that which the director of revenue and
    11  7 finance deems essential in the equalization work of
    11  8 the director.  The assessor shall return all
    11  9 assessment rolls and schedules to the county auditor,
    11 10 along with the completed assessment book, as provided
    11 11 in this chapter, and the county auditor shall
    11 12 carefully keep and preserve the rolls, schedules and
    11 13 book for a period of five years from the time of its
    11 14 filing in the county auditor's office.
    11 15    Beginning with valuations for January 1, 1977 2006,
    11 16 and each succeeding year, for each parcel of
    11 17 agricultural property and for each structure entered
    11 18 in the assessment book, the assessor shall list the
    11 19 classification of the property.
    11 20    Sec. 9.  Section 441.35, subsection 1, Code 2003,
    11 21 is amended by striking the subsection.
    11 22    Sec. 10.  Section 441.35, unnumbered paragraph 2,
    11 23 Code 2003, is amended by striking the unnumbered
    11 24 paragraph.
    11 25    Sec. 11.  Section 441.36, Code 2003, is amended to
    11 26 read as follows:
    11 27    441.36  CHANGE OF ASSESSMENT == NOTICE.
    11 28    All changes in assessments authorized by the board
    11 29 of review, and reasons therefor, shall be entered in
    11 30 the minute book kept by said the board and on the
    11 31 assessment roll.  Said The minute book shall be filed
    11 32 with the assessor after the adjournment of the board
    11 33 of review and shall at all times be open to public
    11 34 inspection.  In case the value of any specific
    11 35 property or structure or the entire assessment of any
    11 36 person, partnership, or association is increased, or
    11 37 new property or a new structure is added by the board,
    11 38 the clerk shall give immediate notice thereof by mail
    11 39 to each at the post=office address shown on the
    11 40 assessment rolls, and at the conclusion of the action
    11 41 of the board therein the clerk shall post an
    11 42 alphabetical list of those whose assessments are thus
    11 43 raised and added, in a conspicuous place in the office
    11 44 or place of meeting of the board, and enter upon the
    11 45 records a statement that such posting has been made,
    11 46 which entry shall be conclusive evidence of the giving
    11 47 of the notice required.  The board shall hold an
    11 48 adjourned meeting, with at least five days intervening
    11 49 after the posting of said the notices, before final
    11 50 action with reference to the raising of assessments or
    12  1 the adding of property or structures to the rolls is
    12  2 taken, and the posted notices shall state the time and
    12  3 place of holding such adjourned meeting, which time
    12  4 and place shall also be stated in the proceedings of
    12  5 the board.
    12  6    Sec. 12.  Section 441.37, subsection 1, paragraphs
    12  7 a and b, Code 2003, are amended to read as follows:
    12  8    a.  That said the assessment is not equitable as
    12  9 compared with assessments of other like property or
    12 10 structures in the taxing district.  When this ground
    12 11 is relied upon as the basis of a protest the legal
    12 12 description and assessments of a representative number
    12 13 of comparable properties structures, as described by
    12 14 the aggrieved taxpayer shall be listed on the protest,
    12 15 otherwise said the protest shall not be considered on
    12 16 this ground.
    12 17    b.  That the property or structure is assessed for
    12 18 more than the value authorized by law, stating the
    12 19 specific amount which the protesting party believes
    12 20 the property or structure to be overassessed, and the
    12 21 amount which the party considers to be its actual
    12 22 value and the amount the party considers a fair
    12 23 assessment.
    12 24    Sec. 13.  Section 441.39, Code 2003, is amended to
    12 25 read as follows:
    12 26    441.39  TRIAL ON APPEAL.
    12 27    The court shall hear the appeal in equity and
    12 28 determine anew all questions arising before the board
    12 29 which relate to the liability of the property or
    12 30 structure to assessment or the amount thereof.  The
    12 31 court shall consider all of the evidence and there
    12 32 shall be no presumption as to the correctness of the
    12 33 valuation of assessment appealed from.  Its decision
    12 34 shall be certified by the clerk of the court to the
    12 35 county auditor, and the assessor, who shall correct
    12 36 the assessment books accordingly.
    12 37    Sec. 14.  Section 441.42, Code 2003, is amended to
    12 38 read as follows:
    12 39    441.42  APPEAL ON BEHALF OF PUBLIC.
    12 40    Any officer of a county, city, township, drainage
    12 41 district, levee district, or school district
    12 42 interested or a taxpayer thereof may in like manner
    12 43 make complaint before said the board of review in
    12 44 respect to the assessment of any property or structure
    12 45 in the township, drainage district, levee district or
    12 46 city and an appeal from the action of the board of
    12 47 review in fixing the amount of assessment on any
    12 48 property or structure concerning which such complaint
    12 49 is made, may be taken by any of such aforementioned
    12 50 officers.
    13  1    Such appeal is in addition to the appeal allowed to
    13  2 the person whose property or structure is assessed and
    13  3 shall be taken in the name of the county, city,
    13  4 township, drainage district, levee district, or school
    13  5 district interested, and tried in the same manner,
    13  6 except that the notice of appeal shall also be served
    13  7 upon the owner of the property or structure concerning
    13  8 which the complaint is made and affected thereby or
    13  9 person required to return said property or structure
    13 10 for assessment.
    13 11    Sec. 15.  Section 441.43, Code 2003, is amended to
    13 12 read as follows:
    13 13    441.43  POWER OF COURT.
    13 14    Upon trial of any appeal from the action of the
    13 15 board of review fixing the amount of assessment upon
    13 16 any property or structure concerning which complaint
    13 17 is made, the court may increase, decrease, or affirm
    13 18 the amount of the assessment appealed from.
    13 19    Sec. 16.  Section 441.45, subsections 1 and 2, Code
    13 20 2003, are amended to read as follows:
    13 21    1.  The number of acres of land and the aggregate
    13 22 taxable values of the agricultural land, exclusive of
    13 23 city lots, returned by the assessors, as corrected by
    13 24 the board of review.
    13 25    2.  The aggregate values of structures and the
    13 26 taxable square footage values of real estate
    13 27 structures by class in each township and city in the
    13 28 county and the aggregate value of agricultural land in
    13 29 each township and city in the county, returned as
    13 30 corrected by the board of review.
    13 31    Sec. 17.  Section 441.47, Code 2003, is amended by
    13 32 adding the following new unnumbered paragraph:
    13 33    NEW UNNUMBERED PARAGRAPH.  For the assessment year
    13 34 beginning January 1, 2007, and for all subsequent
    13 35 assessment years, only property classified as
    13 36 agricultural property and property assessed pursuant
    13 37 to section 441.21, subsection 2, paragraph "b",
    13 38 subparagraph (1), and subsection 3, paragraph "b",
    13 39 subparagraph (1), shall be subject to equalization by
    13 40 the director of revenue and finance under this section
    13 41 and sections 441.48 and 441.49.
    13 42    Sec. 18.  NEW SECTION.  441.47A  EQUALIZATION OF
    13 43 INFLATION FACTORS.
    13 44    The director of revenue and finance on or about
    13 45 August 15, 2007, and every two years thereafter, shall
    13 46 order the equalization of the assessed value per
    13 47 square foot resulting from the application of the
    13 48 cumulative inflation factor in the several assessing
    13 49 jurisdictions in each case as may be necessary to
    13 50 bring such values as fixed by the assessor in cases of
    14  1 purchases of property and newly constructed property
    14  2 to the values determined for the assessment year
    14  3 beginning January 1, 2005.  In equalizing the effects
    14  4 of the application of the cumulative inflation factor,
    14  5 the department shall make use of reports issued by
    14  6 Iowa state university of science and technology which
    14  7 reports shall more precisely indicate, on a county=by=
    14  8 county basis, annual and cumulative inflation factors
    14  9 for each county.  If the cumulative inflation factor
    14 10 for an assessing jurisdiction as reported by Iowa
    14 11 state university of science and technology is five
    14 12 percent above or below the cumulative inflation factor
    14 13 as defined in section 441.21, subsection 7, the
    14 14 director shall notify the assessor by mail of the
    14 15 equalization of the effects of the cumulative
    14 16 inflation factor for the assessing jurisdiction.  The
    14 17 assessor shall recompute the assessments made pursuant
    14 18 to section 441.21, subsection 2, paragraph "b",
    14 19 subparagraph (1), subsection 3, paragraph "b",
    14 20 subparagraph (1), and subsection 4, paragraph "b",
    14 21 subparagraph (1), by applying the equalized inflation
    14 22 factor.  The assessor shall send notice of the
    14 23 equalized assessments to all affected property owners.
    14 24    Sec. 19.  Section 441.50, Code 2003, is amended to
    14 25 read as follows:
    14 26    441.50  APPRAISERS EMPLOYED.
    14 27    The conference board shall have power to employ
    14 28 appraisers or other technical or expert help to assist
    14 29 in the valuation assessment of property as provided in
    14 30 section 441.21, the cost thereof to be paid in the
    14 31 same manner as other expenses of the assessor's
    14 32 office.  The conference board may certify for levy
    14 33 annually an amount not to exceed forty and one=half
    14 34 cents per thousand dollars of assessed value of
    14 35 taxable property for the purpose of establishing a
    14 36 special appraiser's fund, to be used only for such
    14 37 purposes.  From time to time the conference board may
    14 38 direct the transfer of any unexpended balance in the
    14 39 special appraiser's fund to the assessment expense
    14 40 fund.
    14 41    Sec. 20.  Section 443.1, Code 2003, is amended to
    14 42 read as follows:
    14 43    443.1  CONSOLIDATED TAX.
    14 44    All square footage taxes which are uniform
    14 45 throughout any township or school district shall be
    14 46 formed into a single tax and entered upon the tax list
    14 47 in a single column, to be known as a consolidated tax,
    14 48 and each receipt shall show the percentage levied for
    14 49 each separate fund.  The land tax shall be separately
    14 50 stated and each receipt shall show the percentage
    15  1 levied for each separate fund.
    15  2    Sec. 21.  Section 443.2, Code 2003, is amended to
    15  3 read as follows:
    15  4    443.2  TAX LIST.
    15  5    Before the first day of July in each year, the
    15  6 county auditor shall transcribe the assessments of the
    15  7 townships and cities into a book or record, to be
    15  8 known as the tax list, properly ruled and headed, with
    15  9 separate columns, in which shall be entered the names
    15 10 of the taxpayers, descriptions of lands, number of
    15 11 acres and value, numbers of city lots, their size in
    15 12 acres, and value, and each description of the square
    15 13 footage tax and the land tax, with a column for polls
    15 14 and one for payments, and shall complete it by
    15 15 entering the amount due on each installment,
    15 16 separately, and carrying out the total of both
    15 17 installments.  The total of all columns of each page
    15 18 of each book or other record shall balance with the
    15 19 tax totals.  After computing the amount of land tax
    15 20 and square footage tax due and payable on each
    15 21 property, the county auditor shall round the total
    15 22 amount of tax taxes due and payable on the property to
    15 23 the nearest even whole dollar.
    15 24    The county auditor shall list the aggregate actual
    15 25 value and the aggregate taxable value of all taxable
    15 26 property within the county and each political
    15 27 subdivision including property subject to the
    15 28 statewide property tax imposed under section 437A.18
    15 29 on the tax list in order that the actual value of the
    15 30 taxable property within the county or a political
    15 31 subdivision may be ascertained and shown by the tax
    15 32 list for the purpose of computing the debt=incurring
    15 33 capacity of the county or political subdivision.  As
    15 34 used in this section, "actual value" is the value
    15 35 determined under section 441.21, subsections 1 to 3,
    15 36 Code 2005, prior to the reduction to a percentage of
    15 37 actual value as otherwise provided in section 441.21,
    15 38 Code 2005.  "Actual value" of property subject to
    15 39 statewide property tax is the assessed value under
    15 40 section 437A.18.
    15 41    Sec. 22.  Section 443.3, Code 2003, is amended to
    15 42 read as follows:
    15 43    443.3  CORRECTION == TAX APPORTIONED.
    15 44    At the time of transcribing said the assessments
    15 45 into the tax list, the county auditor shall correct
    15 46 all transfers up to date and place the legal
    15 47 descriptions of all real estate in the name of the
    15 48 owner at said that date as shown by the transfer book
    15 49 in the auditor's office.  At the end of the list for
    15 50 each township or city the auditor shall make an
    16  1 abstract thereof, and apportion the consolidated tax
    16  2 among the respective funds to which it belongs,
    16  3 according to the amounts levied for each.  The auditor
    16  4 shall apportion the land tax as prescribed in section
    16  5 443A.2.
    16  6    Sec. 23.  Section 443.6, Code 2003, is amended to
    16  7 read as follows:
    16  8    443.6  CORRECTIONS BY AUDITOR.
    16  9    The auditor may correct any error in the assessment
    16 10 or tax list, and the assessor or auditor may list for
    16 11 taxation any omitted land and may assess and list for
    16 12 taxation any omitted property structure.
    16 13    Sec. 24.  Section 443.7, Code 2003, is amended to
    16 14 read as follows:
    16 15    443.7  NOTICE.
    16 16    Before listing for taxation any omitted land and
    16 17 before assessing and listing for taxation any omitted
    16 18 property structure, the assessor or auditor shall
    16 19 notify by mail the person in whose name the property
    16 20 land or structure is taxed, to appear before the
    16 21 assessor or auditor at the assessor's or auditor's
    16 22 office within ten days from the date of the notice and
    16 23 show cause, if any, why the correction or assessment
    16 24 should not be made.
    16 25    Sec. 25.  Section 443.9, Code 2003, is amended to
    16 26 read as follows:
    16 27    443.9  ADJUSTMENT OF ACCOUNTS.
    16 28    If such correction or assessment is made after the
    16 29 books or other records approved by the state auditor
    16 30 of state have passed into the hands of the treasurer,
    16 31 the treasurer shall be charged or credited therefor as
    16 32 the case may be.  In the event such listing of omitted
    16 33 land or listing and assessment of omitted property
    16 34 structure is made by the assessor after the tax
    16 35 records have passed into the hands of the auditor or
    16 36 treasurer, such correction or assessment shall be
    16 37 entered on the records by the auditor or treasurer.
    16 38    Sec. 26.  Section 443.12, Code 2003, is amended to
    16 39 read as follows:
    16 40    443.12  CORRECTIONS BY TREASURER.
    16 41    When property land or a structure subject to
    16 42 taxation is withheld, overlooked, or from any other
    16 43 cause is not listed, or is not listed and assessed,
    16 44 the county treasurer shall, when apprised thereof, at
    16 45 any time within two years from the date at which such
    16 46 listing and assessment should have been made, demand
    16 47 of the person, firm, corporation, or other party by
    16 48 whom the same should have been listed, or to whom it
    16 49 should have been listed and assessed, or of the
    16 50 administrator thereof, the amount the property land or
    17  1 structure should have been taxed in each year the same
    17  2 was so withheld or overlooked and not listed or not
    17  3 listed and assessed, together with six percent
    17  4 interest thereon from the time the taxes would have
    17  5 become due and payable had such property land been
    17  6 listed or such structure been listed and assessed.
    17  7    Sec. 27.  Section 443.13, Code 2003, is amended to
    17  8 read as follows:
    17  9    443.13  ACTION BY TREASURER == APPORTIONMENT.
    17 10    Upon failure to pay such sum within thirty days,
    17 11 with all accrued interest, the treasurer shall cause
    17 12 an action to be brought in the name of the treasurer
    17 13 for the use of the proper county, to be prosecuted by
    17 14 the county attorney, or such other person as the board
    17 15 of supervisors may appoint, and when such property
    17 16 land has been fraudulently withheld from listing or
    17 17 such structure fraudulently withheld from listing and
    17 18 assessment, there shall be added to the sum found to
    17 19 be due a penalty of fifty percent upon the amount,
    17 20 which shall be included in the judgment.  The amount
    17 21 thus recovered shall be by the treasurer apportioned
    17 22 ratably as the taxes would have been if they had been
    17 23 paid according to law.
    17 24    Sec. 28.  Section 443.14, Code 2003, is amended to
    17 25 read as follows:
    17 26    443.14  DUTY OF TREASURER.
    17 27    The treasurer shall assess any real property
    17 28 structure and shall list the acreage of any land
    17 29 subject to taxation which may have been omitted by the
    17 30 assessor, board of review, or county auditor, and
    17 31 collect taxes thereon, and in such cases shall note,
    17 32 opposite the tract or lot assessed, the words "by
    17 33 treasurer".
    17 34    Sec. 29.  Section 443.15, Code 2003, is amended to
    17 35 read as follows:
    17 36    443.15  TIME LIMIT.
    17 37    The assessment shall be made within two years after
    17 38 the tax list shall have been delivered to the
    17 39 treasurer for collection, and not afterwards, if the
    17 40 property land or structure is then owned by the person
    17 41 who should have paid the tax.
    17 42    Sec. 30.  Section 443.17, Code 2003, is amended to
    17 43 read as follows:
    17 44    443.17  PRESUMPTION OF TWO=YEAR OWNERSHIP.
    17 45    In any action or proceeding, now pending or
    17 46 hereafter brought, to recover taxes upon property land
    17 47 not listed or agricultural land or a structure not
    17 48 listed and assessed for taxation during the lifetime
    17 49 of any decedent, it shall be presumed that any
    17 50 property, any evidence of ownership of property, and
    18  1 any evidence of a promise to pay, owned by a decedent
    18  2 at the date of the decedent's death, had been acquired
    18  3 and owned by such decedent more than two years before
    18  4 the date of the decedent's death; and the burden of
    18  5 proving that any such property had been acquired by
    18  6 such decedent less than two years before the date of
    18  7 the decedent's death shall be upon the heirs,
    18  8 legatees, and legal representatives of any such
    18  9 decedent.
    18 10    Sec. 31.  Section 443.18, Code 2003, is amended to
    18 11 read as follows:
    18 12    443.18  REAL ESTATE == DUTY OF OWNER.
    18 13    In all cases where real estate land subject to
    18 14 taxation has not been listed or agricultural land or a
    18 15 structure subject to taxation has not been listed and
    18 16 assessed, the owner, or an agent of the owner, shall
    18 17 have the same done by the treasurer, and pay the taxes
    18 18 thereon; and if the owner fails to do so the treasurer
    18 19 shall list or list and assess the same and collect the
    18 20 tax assessed as the treasurer does other taxes.
    18 21    Sec. 32.  Section 443.19, Code 2003, is amended to
    18 22 read as follows:
    18 23    443.19  IRREGULARITIES, ERRORS AND OMISSIONS ==
    18 24 EFFECT.
    18 25    No A failure of the owner to have such property
    18 26 land listed or agricultural land or structure listed
    18 27 and assessed or to have the errors in the listing or
    18 28 assessment corrected, and no an irregularity, error or
    18 29 omission in the listing of such land or listing and
    18 30 assessment of such property agricultural land or
    18 31 structure, shall not affect in any manner the legality
    18 32 of the taxes levied thereon, or affect any right or
    18 33 title to such real estate property which would have
    18 34 accrued to any party claiming or holding under and by
    18 35 virtue of a deed executed by the treasurer as provided
    18 36 by this title, had the listing and assessment of such
    18 37 property been in all respects regular and valid.
    18 38    Sec. 33.  Section 443.21, Code 2003, is amended to
    18 39 read as follows:
    18 40    443.21  ASSESSMENTS CERTIFIED TO COUNTY AUDITOR.
    18 41    All assessors and assessing bodies, including the
    18 42 department of revenue and finance having authority
    18 43 over the listing of land or listing and assessment of
    18 44 property agricultural land and structures for tax
    18 45 purposes shall certify to the county auditor of each
    18 46 county the number of acres of land and the assessed
    18 47 values of agricultural land and structures for all the
    18 48 taxable property in such county as finally equalized
    18 49 and determined, and the same shall be transcribed onto
    18 50 the tax lists as required by section 443.2.
    19  1    Sec. 34.  Section 443.22, Code 2003, is amended to
    19  2 read as follows:
    19  3    443.22  UNIFORM ASSESSMENTS MANDATORY.
    19  4    All assessors and assessing bodies, including the
    19  5 department of revenue and finance having authority
    19  6 over the listing of land and listing and assessment of
    19  7 property agricultural land and structures for tax
    19  8 purposes, shall comply with sections 428.4, 428.29,
    19  9 434.15, 438.13, 441.21, and 441.45.  The department of
    19 10 revenue and finance, having authority over the listing
    19 11 and assessments, shall exercise its powers and perform
    19 12 its duties under section 421.17 and other applicable
    19 13 laws so as to require the uniform and consistent
    19 14 application of said that section.
    19 15    Sec. 35.  NEW SECTION.  443A.1  LAND TAX.
    19 16    Effective for the fiscal year beginning July 1,
    19 17 2007, and all subsequent fiscal years, a land tax
    19 18 shall be imposed against each acre or portion of an
    19 19 acre of land in a county.
    19 20    Sec. 36.  NEW SECTION.  443A.2  APPORTIONMENT OF
    19 21 LAND TAX.
    19 22    1.  The land tax for each county shall be
    19 23 apportioned as follows:
    19 24    In the unincorporated area of the county, the land
    19 25 tax shall be distributed to the county, the school
    19 26 district located in the unincorporated area of the
    19 27 county, and other taxing entities located in the
    19 28 unincorporated area of the county in the same
    19 29 proportion that property taxes levied in the
    19 30 unincorporated area of the county for the fiscal year
    19 31 beginning July 1, 2006, were allocated to those
    19 32 entities.
    19 33    In the incorporated areas of the county, the land
    19 34 tax shall be distributed to the city, the county, each
    19 35 school district located within the city, and other
    19 36 taxing entities located within the city in the same
    19 37 proportion that property taxes levied in the city for
    19 38 the fiscal year beginning July 1, 2006, were allocated
    19 39 to those entities.
    19 40    2.  The city finance committee and the county
    19 41 finance committee shall jointly determine the
    19 42 adjustments to be made to the allocation of the land
    19 43 tax in the case of boundary adjustments made to a
    19 44 taxing district on or after January 1, 2006.
    19 45    3.  After the auditor has computed the amount of
    19 46 land tax to be distributed to each taxing district,
    19 47 the auditor shall compute the rate of tax to be levied
    19 48 upon the square footage valuation of structures
    19 49 pursuant to chapter 444.
    19 50    Sec. 37.  Section 444.1, Code 2003, is amended to
    20  1 read as follows:
    20  2    444.1  BASIS FOR AMOUNT OF TAX.
    20  3    In all taxing districts in the state, including
    20  4 townships, school districts, cities and counties, when
    20  5 by law then existing the people are authorized to
    20  6 determine by vote, or officers are authorized to
    20  7 estimate or determine, a rate of taxation required for
    20  8 any public purpose, such rate shall in all cases be
    20  9 estimated and based upon the amount of land tax
    20 10 available to the district and the adjusted taxable
    20 11 square footage valuation of such taxing district for
    20 12 the preceding calendar year.
    20 13    Sec. 38.  Section 444.2, Code 2003, is amended to
    20 14 read as follows:
    20 15    444.2  AMOUNTS CERTIFIED IN DOLLARS.
    20 16    When an authorized square footage tax rate within a
    20 17 taxing district, including townships, school
    20 18 districts, cities and counties, has been thus
    20 19 determined as provided by law, the officer or officers
    20 20 charged with the duty of certifying the authorized
    20 21 rate to the county auditor or board of supervisors
    20 22 shall, before certifying the rate, compute upon the
    20 23 adjusted taxable square footage valuation of the
    20 24 taxing district for the preceding fiscal year, the
    20 25 amount of tax the rate will raise, stated in dollars,
    20 26 and shall certify the computed amount in dollars and
    20 27 not by rate, to the county auditor and board of
    20 28 supervisors and shall further certify the percentage
    20 29 of such amount to be levied against each class of
    20 30 property.
    20 31    Sec. 39.  Section 444.3, Code 2003, is amended to
    20 32 read as follows:
    20 33    444.3  COMPUTATION OF SQUARE FOOTAGE RATE.
    20 34    When the square footage valuations for the several
    20 35 taxing districts shall have been adjusted by the
    20 36 several boards for the current year, and the amount of
    20 37 land tax to be distributed to each taxing district has
    20 38 been deducted from the dollar amounts certified in
    20 39 section 444.2 for each taxing district, the county
    20 40 auditor shall thereupon apply such a rate, not
    20 41 exceeding the rate authorized by law, or rates as will
    20 42 raise the amount required for such taxing district,
    20 43 and when combined with the land tax amount will raise
    20 44 an amount not exceeding the dollar amount authorized
    20 45 by law for the taxing district, and no will not raise
    20 46 a larger amount.  For purposes of computing the square
    20 47 footage rate under this section, the adjusted taxable
    20 48 square footage valuation of the property of a taxing
    20 49 district does not include the valuation of property of
    20 50 a railway corporation or its trustee which corporation
    21  1 has been declared bankrupt or is in bankruptcy
    21  2 proceedings.  Nothing in the preceding sentence
    21  3 exempts the property of such railway corporation or
    21  4 its trustee from taxation and the rate computed under
    21  5 this section shall be levied on the taxable property
    21  6 of such railway corporation or its trustee.
    21  7    The square footage tax rate shall be expressed in
    21  8 dollars and cents per one hundred dollars of valuation
    21  9 per square foot.
    21 10    Sec. 40.  NEW SECTION.  444.9  COMPUTATION OF TAX.
    21 11    The amount of tax imposed on any taxable property
    21 12 is the sum of the amounts computed in subsections 1
    21 13 and 2.
    21 14    1.  LAND TAX.  The product of the land tax rate
    21 15 times the number of acres or portion of an acre of the
    21 16 taxable property.
    21 17    2.  SQUARE FOOTAGE TAX.  The product of the square
    21 18 footage tax rate times the valuation per square foot
    21 19 of the taxable structure times the number of square
    21 20 feet of the taxable structure.  The square footage tax
    21 21 shall be computed separately for each structure
    21 22 located on the land.
    21 23    Sec. 41.  PROPERTY TAX IMPLEMENTATION COMMITTEE.
    21 24    1.  On or before July 1, 2003, the department of
    21 25 revenue and finance, in consultation with the
    21 26 department of management, shall initiate and
    21 27 coordinate the establishment of a property tax
    21 28 implementation committee and provide staffing
    21 29 assistance to the committee.  The property tax
    21 30 implementation committee shall include four members of
    21 31 the general assembly, one each appointed by the
    21 32 majority leader of the senate, the speaker of the
    21 33 house of representatives, the minority leader of the
    21 34 senate, and the minority leader of the house of
    21 35 representatives.  The committee shall also include
    21 36 members appointed by the department of revenue and
    21 37 finance representing the department of revenue and
    21 38 finance, the department of management, counties,
    21 39 cities, school districts, local assessors, commercial
    21 40 property taxpayers, industrial property taxpayers,
    21 41 residential property taxpayers, and agricultural
    21 42 property taxpayers, and other appropriate
    21 43 stakeholders.  The department may consider
    21 44 participation on the committee of former state
    21 45 officials with expertise in budget and tax policy.
    21 46 The chairpersons of the committee shall be those
    21 47 members of the general assembly appointed by the
    21 48 majority leader of the senate and the speaker of the
    21 49 house of representatives.
    21 50    2.  The committee shall study and make
    22  1 recommendations relating to the land tax, square
    22  2 footage tax, the baseline assessment for the square
    22  3 footage tax, and other related provisions.  The
    22  4 committee shall also study and make recommendations on
    22  5 issues relating to implementation of a land tax and
    22  6 square footage tax, including, but not limited to,
    22  7 whether or not maximum square footage rates and land
    22  8 tax rates should be imposed and, if such rates are
    22  9 recommended, the imposition of rates that have a
    22 10 revenue neutral impact on classes of property, the
    22 11 property tax financing portion of the school funding
    22 12 formula, treatment of current property tax credits and
    22 13 exemptions under a land tax and square footage tax and
    22 14 continued state reimbursement of any credits or
    22 15 exemptions, implementation of urban revitalization and
    22 16 urban renewal programs under the land tax and square
    22 17 footage tax, implementation of a payment in lieu of
    22 18 taxes program for local government services, and
    22 19 maintenance of equity among classes of taxpayers and
    22 20 among taxpayers within the same class.  The property
    22 21 tax implementation committee shall also study the role
    22 22 of property taxes in funding local government services
    22 23 and the types of services currently funded by property
    22 24 taxes.
    22 25    3.  The property tax implementation committee shall
    22 26 direct three counties and cities within those counties
    22 27 to submit data as prescribed by the committee.  The
    22 28 department of revenue and finance, in consultation
    22 29 with the department of management, shall select the
    22 30 three counties and the cities within those counties
    22 31 that will be required to provide data to the
    22 32 committee.  The committee shall devise a system for
    22 33 testing the data, including the necessary computer
    22 34 hardware and software to allow the selected counties
    22 35 and cities to prepare projected budgets, to determine
    22 36 the rates for the land tax and the square footage tax
    22 37 for those projected budgets, and to provide a sampling
    22 38 of the effect on the various classes of property in
    22 39 those jurisdictions.  The committee shall use the data
    22 40 and the results of the projections to resolve, and
    22 41 make recommendations relating to, the issues described
    22 42 in subsection 2, and related issues, in a revenue
    22 43 neutral manner that will not result in a shift of
    22 44 property tax burden between classes of property.  The
    22 45 committee shall submit to the general assembly by
    22 46 October 31, 2003, October 31, 2004, and October 31,
    22 47 2005, a report for each of those years resolving the
    22 48 issues in subsection 2 and other related issues for
    22 49 implementation of this Act.  The reports shall include
    22 50 detailed estimates of the cost to the counties and
    23  1 cities of providing the data and an estimate of the
    23  2 cost of statewide implementation of this Act.
    23  3    Sec. 42.  EFFECTIVE AND APPLICABILITY DATES.
    23  4    1.  The section of this division of this Act
    23  5 establishing the property tax implementation
    23  6 committee, being deemed of immediate importance, takes
    23  7 effect upon enactment.
    23  8    2.  The remainder of this division of this Act
    23  9 takes effect July 1, 2005, and applies to assessment
    23 10 years beginning on or after January 1, 2006, and
    23 11 applies to tax collections for fiscal years beginning
    23 12 on or after July 1, 2007.
    23 13    Sec. 43.  FUTURE REPEAL.  This division of this Act
    23 14 is repealed effective June 30, 2005.
    23 15                       DIVISION II
    23 16                  INDIVIDUAL INCOME TAX
    23 17                   2004=2006 TAX YEARS
    23 18    Sec. 44.  Section 422.5, subsection 1, paragraphs a
    23 19 through i, Code 2003, are amended to read as follows:
    23 20                                         For tax years beginning
    23 21                                         in the calendar year:
    23 22                                         2004     2005     2006
    23 23    a.  On all taxable income from
    23 24 zero through one thousand dollars,
    23 25 thirty=six hundredths of one
    23 26 percent.: ............................. .35%     .34%     .33%
    23 27    b.  On all taxable income exceeding
    23 28 one thousand dollars but not
    23 29 exceeding two thousand dollars,
    23 30 seventy=two hundredths of one
    23 31 percent.: ............................. .71%     .68%     .65%
    23 32    c.  On all taxable income exceeding
    23 33 two thousand dollars but not
    23 34 exceeding four thousand dollars,
    23 35 two and forty=three hundredths
    23 36 percent.: ............................ 2.39%    2.30%    2.21%
    23 37    d.  On all taxable income exceeding
    23 38 four thousand dollars but not
    23 39 exceeding nine thousand dollars,
    23 40 four and one=half percent.: .......... 4.42%    4.25%    4.09%
    23 41    e.  On all taxable income exceeding
    23 42 nine thousand dollars but not
    23 43 exceeding fifteen thousand
    23 44 dollars, six and twelve hundredths
    23 45 percent.: ............................ 6.01%    5.78%    5.56%
    23 46    f.  On all taxable income exceeding
    23 47 fifteen thousand dollars but not
    23 48 exceeding twenty thousand
    23 49 dollars, six and forty=eight hundredths
    23 50 percent.: ............................ 6.36%    6.12%    5.88%
    24  1    g.  On all taxable income exceeding
    24  2 twenty thousand dollars but not
    24  3 exceeding thirty thousand
    24  4 dollars, six and eight=tenths
    24  5 percent.: ............................ 6.68%    6.42%    6.17%
    24  6    h.  On all taxable income exceeding
    24  7 thirty thousand dollars but not
    24  8 exceeding forty=five thousand
    24  9 dollars, seven and ninety=two hundredths
    24 10 percent.: ............................ 7.78%    7.48%    7.19%
    24 11    i.  On all taxable income exceeding
    24 12 forty=five thousand dollars, eight
    24 13 and ninety=eight hundredths
    24 14 percent.: ............................ 8.82%    8.48%    8.15%
    24 15    Sec. 45.  EFFECTIVE AND APPLICABILITY DATE
    24 16 PROVISIONS.  This division of this Act takes effect
    24 17 January 1, 2004, for tax years beginning on or after
    24 18 January 1, 2004, but before January 1, 2007.
    24 19                      DIVISION III
    24 20                  INDIVIDUAL INCOME TAX
    24 21              2007 AND SUBSEQUENT TAX YEARS
    24 22    Sec. 46.  Section 422.5, subsection 1, paragraphs a
    24 23 through i, Code 2003, are amended to read as follows:
    24 24                                         For tax years beginning
    24 25                                         in the calendar year:
    24 26                                         2007 and subsequent
    24 27                                         calendar years
    24 28    a.  On all taxable income from
    24 29 zero through one thousand dollars,
    24 30 thirty=six hundredths of one
    24 31 percent.: ............................. .31%
    24 32    b.  On all taxable income exceeding
    24 33 one thousand dollars but not
    24 34 exceeding two thousand dollars,
    24 35 seventy=two hundredths of one
    24 36 percent.: ............................. .61%
    24 37    c.  On all taxable income exceeding
    24 38 two thousand dollars but not
    24 39 exceeding four thousand dollars,
    24 40 two and forty=three hundredths
    24 41 percent.: ............................ 2.06%
    24 42    d.  On all taxable income exceeding
    24 43 four thousand dollars but not
    24 44 exceeding nine thousand dollars,
    24 45 four and one=half percent.: .......... 3.81%
    24 46    e.  On all taxable income exceeding
    24 47 nine thousand dollars but not
    24 48 exceeding fifteen thousand
    24 49 dollars, six and twelve hundredths
    24 50 percent.: ............................ 5.19%
    25  1    f.  On all taxable income exceeding
    25  2 fifteen thousand dollars but not
    25  3 exceeding twenty thousand
    25  4 dollars, six and forty=eight hundredths
    25  5 percent.: ............................ 5.49%
    25  6    g.  On all taxable income exceeding
    25  7 twenty thousand dollars but not
    25  8 exceeding thirty thousand
    25  9 dollars, six and eight=tenths
    25 10 percent.: ............................ 5.76%
    25 11    h.  On all taxable income exceeding
    25 12 thirty thousand dollars but not
    25 13 exceeding forty=five thousand
    25 14 dollars, seven and ninety=two hundredths
    25 15 percent.: ............................ 6.71%
    25 16    i.  On all taxable income exceeding
    25 17 forty=five thousand dollars, eight
    25 18 and ninety=eight hundredths
    25 19 percent.: ............................ 7.61%
    25 20    Sec. 47.  EFFECTIVE AND APPLICABILITY DATE
    25 21 PROVISIONS.  This division of this Act takes effect
    25 22 January 1, 2007, for tax years beginning on or after
    25 23 January 1, 2007.
    25 24                       DIVISION IV
    25 25                  INDIVIDUAL INCOME TAX
    25 26              2007 AND SUBSEQUENT TAX YEARS
    25 27    Sec. 48.  Section 422.4, subsection 1, paragraphs b
    25 28 and c, Code 2003, are amended to read as follows:
    25 29    b.  "Cumulative inflation factor" means the product
    25 30 of the annual inflation factor for the 1988 2007
    25 31 calendar year and all annual inflation factors for
    25 32 subsequent calendar years as determined pursuant to
    25 33 this subsection.  The cumulative inflation factor
    25 34 applies to all tax years beginning on or after January
    25 35 1 of the calendar year for which the latest annual
    25 36 inflation factor has been determined.
    25 37    c.  The annual inflation factor for the 1988 2007
    25 38 calendar year is one hundred percent.
    25 39    Sec. 49.  Section 422.4, subsection 16, Code 2003,
    25 40 is amended to read as follows:
    25 41    16.  The words "taxable "Taxable income" mean means
    25 42 the net income as defined in section 422.7 minus the
    25 43 deductions allowed by section 422.9, in the case of
    25 44 individuals; in.  In the case of estates or trusts,
    25 45 the words "taxable income" mean means the taxable
    25 46 income, (without a deduction for personal exemption),
    25 47 as computed for federal income tax purposes under the
    25 48 Internal Revenue Code, but with the adjustments
    25 49 specified in section 422.7 plus the Iowa income tax
    25 50 deducted in computing the federal taxable income and
    26  1 minus federal income taxes as provided in section
    26  2 422.9.
    26  3    Sec. 50.  Section 422.5, subsection 1, Code 2003,
    26  4 as amended by 2003 Iowa Acts, Senate File 442, section
    26  5 4, is amended by striking the subsection and inserting
    26  6 in lieu thereof the following:
    26  7    1.  a.  A tax is imposed upon every resident and
    26  8 nonresident of the state which tax shall be levied,
    26  9 collected, and paid annually upon and with respect to
    26 10 the entire taxable income at rates as follows:
    26 11    (1)  On all taxable income from zero through eight
    26 12 thousand dollars, two and five hundredths percent.
    26 13    (2)  On all taxable income exceeding eight thousand
    26 14 dollars but not exceeding one hundred thousand
    26 15 dollars, four and sixty=five hundredths percent.
    26 16    (3)  On all taxable income exceeding one hundred
    26 17 thousand dollars, four and nine=tenths percent.
    26 18    b.  (1)  The tax imposed upon the taxable income of
    26 19 a nonresident shall be computed by reducing the amount
    26 20 determined pursuant to paragraph "a" by the amounts of
    26 21 nonrefundable credits under this division and by
    26 22 multiplying this resulting amount by a fraction of
    26 23 which the nonresident's net income allocated to Iowa,
    26 24 as determined in section 422.8, subsection 2,
    26 25 paragraph "a", is the numerator and the nonresident's
    26 26 total net income computed under section 422.7 is the
    26 27 denominator.  This provision also applies to
    26 28 individuals who are residents of Iowa for less than
    26 29 the entire tax year.
    26 30    (2)  The tax imposed upon the taxable income of a
    26 31 resident shareholder in an S corporation which has in
    26 32 effect for the tax year an election under subchapter S
    26 33 of the Internal Revenue Code and carries on business
    26 34 within and without the state may be computed by
    26 35 reducing the amount determined pursuant to paragraph
    26 36 "a" by the amounts of nonrefundable credits under this
    26 37 division and by multiplying this resulting amount by a
    26 38 fraction of which the resident's net income allocated
    26 39 to Iowa, as determined in section 422.8, subsection 2,
    26 40 paragraph "b", is the numerator and the resident's
    26 41 total net income computed under section 422.7 is the
    26 42 denominator.  If a resident shareholder has elected to
    26 43 take advantage of this subparagraph, and for the next
    26 44 tax year elects not to take advantage of this
    26 45 subparagraph, the resident shareholder shall not
    26 46 reelect to take advantage of this subparagraph for the
    26 47 three tax years immediately following the first tax
    26 48 year for which the shareholder elected not to take
    26 49 advantage of this subparagraph, unless the director
    26 50 consents to the reelection.  This subparagraph also
    27  1 applies to individuals who are residents of Iowa for
    27  2 less than the entire tax year.
    27  3    Sec. 51.  Section 422.5, subsection 2, Code 2003,
    27  4 is amended by striking the subsection and inserting in
    27  5 lieu thereof the following:
    27  6    2.  a.  However, if the married persons' filing
    27  7 jointly or separately on a combined return, unmarried
    27  8 head of household's, or surviving spouse's net income
    27  9 exceeds thirteen thousand five hundred dollars or nine
    27 10 thousand dollars in the case of all other persons, the
    27 11 regular tax imposed under this division shall be the
    27 12 lesser of the product of eight percent times the
    27 13 portion of the net income in excess of thirteen
    27 14 thousand five hundred dollars or nine thousand
    27 15 dollars, as applicable, or the regular tax liability
    27 16 computed without regard to this paragraph.
    27 17    b.  Paragraph "a" does not apply to estates and
    27 18 trusts.  Married taxpayers electing to file separately
    27 19 shall compute the alternate tax described in paragraph
    27 20 "a" using the total net income of the husband and
    27 21 wife.  The alternate tax described in paragraph "a"
    27 22 does not apply if one spouse elects to carry back or
    27 23 carry forward the loss as provided in section 422.9,
    27 24 subsection 3.  A person who is claimed as a dependent
    27 25 by another person as defined in section 422.12 shall
    27 26 not receive the benefit of paragraph "a" if the person
    27 27 claiming the dependent has net income exceeding
    27 28 thirteen thousand five hundred dollars or nine
    27 29 thousand dollars as applicable or the person claiming
    27 30 the dependent and the person's spouse have combined
    27 31 net income exceeding thirteen thousand five hundred
    27 32 dollars or nine thousand dollars as applicable.
    27 33    Sec. 52.  Section 422.5, subsection 5, Code 2003,
    27 34 is amended to read as follows:
    27 35    5.  Upon determination of the latest cumulative
    27 36 inflation factor, the director shall multiply each
    27 37 dollar amount set forth in subsection 1, paragraphs
    27 38 "a" through "i" of this section paragraph "a", by this
    27 39 cumulative inflation factor, shall round off the
    27 40 resulting product to the nearest one dollar, and shall
    27 41 incorporate the result into the income tax forms and
    27 42 instructions for each tax year.
    27 43    Sec. 53.  Section 422.5, subsection 7, Code 2003,
    27 44 is amended by striking the subsection.
    27 45    Sec. 54.  Section 422.7, Code 2003, as amended by
    27 46 2003 Iowa Acts, Senate File 442, section 5, and House
    27 47 File 674, sections 5 and 6, is amended by striking the
    27 48 section and inserting in lieu thereof the following:
    27 49    422.7  "NET INCOME" == HOW COMPUTED.
    27 50    The term "net income" means the adjusted gross
    28  1 income before the net operating loss deduction as
    28  2 properly computed for federal income tax purposes
    28  3 under the Internal Revenue Code, with the following
    28  4 adjustments:
    28  5    1.  The adjusted gross income is adjusted by adding
    28  6 the sum of the following:
    28  7    a.  Add the amount of federal income tax refunds
    28  8 received in a tax year beginning on or after January
    28  9 1, 2007, but before January 1, 2010, to the extent
    28 10 that the federal income tax was deducted on an Iowa
    28 11 individual income tax return for a tax year beginning
    28 12 prior to January 1, 2007.
    28 13    b.  Add interest and dividends from foreign
    28 14 securities and from securities of state and other
    28 15 political subdivisions exempt from federal income tax
    28 16 under the Internal Revenue Code.
    28 17    c.  Add interest and dividends from regulated
    28 18 investment companies exempt from federal income tax
    28 19 under the Internal Revenue Code.
    28 20    d.  Add, to the extent not already included, income
    28 21 from the sale of obligations of the state and its
    28 22 political subdivisions.  Income from the sale of these
    28 23 obligations is exempt from the taxes imposed by this
    28 24 division only if the law authorizing these obligations
    28 25 specifically exempts the income from the sale from the
    28 26 state individual income tax.
    28 27    e.  Add the amount resulting from the cancellation
    28 28 of a participation agreement refunded to the taxpayer
    28 29 as a participant in the Iowa educational savings plan
    28 30 trust under chapter 12D to the extent previously
    28 31 deducted as a contribution to the trust.
    28 32    2.  The adjusted gross income is adjusted by
    28 33 subtracting the sum of the following:
    28 34    a.  Subtract the amount of federal income taxes
    28 35 paid or accrued, as the case may be, in a tax year
    28 36 beginning on or after January 1, 2007, but before
    28 37 January 1, 2010, to the extent the federal tax payment
    28 38 is for a tax year beginning prior to January 1, 2007.
    28 39    b.  Subtract interest and dividends from federal
    28 40 securities.
    28 41    c.  Subtract the loss on the sale or exchange of a
    28 42 share of a regulated investment company held for six
    28 43 months or less to the extent the loss was disallowed
    28 44 under section 852(b)(4)(B) of the Internal Revenue
    28 45 Code.
    28 46    d.  (1)  Subtract, to the extent included, the
    28 47 amount of additional social security benefits taxable
    28 48 under the Internal Revenue Code for tax years
    28 49 beginning on or after January 1, 1994.  The amount of
    28 50 social security benefits taxable as provided in
    29  1 section 86 of the Internal Revenue Code, as amended up
    29  2 to and including January 1, 1993, continues to apply
    29  3 for state income tax purposes for tax years beginning
    29  4 on or after January 1, 1994.
    29  5    (2)  Married taxpayers, who file a joint federal
    29  6 income tax return and who elect to file separate
    29  7 returns or who elect separate filing on a combined
    29  8 return for state income tax purposes, shall allocate
    29  9 between the spouses the amount of benefits subtracted
    29 10 under subparagraph (1) from net income in the ratio of
    29 11 the social security benefits received by each spouse
    29 12 to the total of these benefits received by both
    29 13 spouses.
    29 14    e.  (1)  For a person who is disabled, or is fifty=
    29 15 five years of age or older, or is the surviving spouse
    29 16 of an individual or a survivor having an insurable
    29 17 interest in an individual who would have qualified for
    29 18 the exemption under this paragraph for the tax year,
    29 19 subtract, to the extent included, the total amount of
    29 20 a governmental or other pension or retirement pay,
    29 21 including, but not limited to, defined benefit or
    29 22 defined contribution plans, annuities, individual
    29 23 retirement accounts, plans maintained or contributed
    29 24 to by an employer, or maintained or contributed to by
    29 25 a self=employed person as an employer, and deferred
    29 26 compensation plans or any earnings attributable to the
    29 27 deferred compensation plans, up to a maximum of six
    29 28 thousand dollars for a person, other than a husband or
    29 29 wife, who files a separate state income tax return and
    29 30 up to a maximum of twelve thousand dollars for a
    29 31 husband and wife who file a joint state income tax
    29 32 return.
    29 33    (2)  However, a surviving spouse who is not
    29 34 disabled or fifty=five years of age or older can only
    29 35 exclude the amount of pension or retirement pay
    29 36 received as a result of the death of the other spouse.
    29 37 A husband and wife filing separate state income tax
    29 38 returns or separately on a combined return are allowed
    29 39 a combined maximum exclusion under this paragraph "e"
    29 40 of up to the amount allowed for a husband and wife who
    29 41 file a joint state income tax return.  The exclusion
    29 42 shall be allocated to the husband or wife in the
    29 43 proportion that each spouse's respective pension and
    29 44 retirement pay received bears to total combined
    29 45 pension and retirement pay received.
    29 46    f.  Notwithstanding the method for computing income
    29 47 from an installment sale under section 453 of the
    29 48 Internal Revenue Code, as defined in section 422.3,
    29 49 the method to be used in computing income from an
    29 50 installment sale shall be the method under section 453
    30  1 of the Internal Revenue Code, as amended up to and
    30  2 including January 1, 2000.  A taxpayer affected by
    30  3 this paragraph shall make adjustments in the adjusted
    30  4 gross income pursuant to rules adopted by the
    30  5 director.
    30  6    The adjustment to net income provided in this
    30  7 paragraph "f" is repealed for tax years beginning on
    30  8 or after January 1, 2002.  However, to the extent that
    30  9 a taxpayer using the accrual method of accounting
    30 10 reported the entire capital gain from the sale or
    30 11 exchange of property on the Iowa return for the tax
    30 12 year beginning in the 2001 calendar year and the
    30 13 capital gain was reported on the installment method on
    30 14 the federal income tax return, any additional
    30 15 installment from the capital gain reported for federal
    30 16 income tax purposes is not to be included in net
    30 17 income in tax years beginning on or after January 1,
    30 18 2002.
    30 19    g.  Subtract, if the taxpayer is the owner of an
    30 20 individual development account certified under chapter
    30 21 541A at any time during the tax year, all of the
    30 22 following:
    30 23    (1)  Contributions made to the account by persons
    30 24 and entities, other than the taxpayer, as authorized
    30 25 in chapter 541A.
    30 26    (2)  The amount of any savings refund authorized
    30 27 under section 541A.3, subsection 1.
    30 28    (3)  Earnings from the account.
    30 29    h.  (1)  Subtract the maximum contribution that may
    30 30 be deducted for income tax purposes as a participant
    30 31 in the Iowa educational savings plan trust pursuant to
    30 32 section 12D.3, subsection 1, paragraph "a".
    30 33    (2)  Subtract, to the extent included, income from
    30 34 interest and earnings received from the Iowa
    30 35 educational savings plan trust created in chapter 12D.
    30 36    (3)  Subtract, to the extent not deducted for
    30 37 federal income tax purposes, the amount of any gift,
    30 38 grant, or donation made to the Iowa educational
    30 39 savings plan trust for deposit in the endowment fund
    30 40 of that trust.
    30 41    i.  Subtract, to the extent included, active duty
    30 42 pay received by a person in the national guard or
    30 43 armed forces military reserve for services performed
    30 44 on or after August 2, 1990, pursuant to military
    30 45 orders related to the Persian Gulf Conflict.
    30 46    j.  Subtract, to the extent included, active duty
    30 47 pay received by a person in the national guard or
    30 48 armed forces military reserve for service performed on
    30 49 or after November 21, 1995, pursuant to military
    30 50 orders related to peacekeeping in Bosnia=Herzegovina.
    31  1    k.  Subtract, to the extent included, the
    31  2 following:
    31  3    (1)  Payments made to the taxpayer because of the
    31  4 taxpayer's status as a victim of persecution for
    31  5 racial, ethnic, or religious reasons by Nazi Germany
    31  6 or any other Axis regime or as an heir of such victim.
    31  7    (2)  Items of income attributable to, derived from,
    31  8 or in any way related to assets stolen from, hidden
    31  9 from, or otherwise lost to a victim of persecution for
    31 10 racial, ethnic, or religious reasons by Nazi Germany
    31 11 or any other Axis regime immediately prior to, during,
    31 12 and immediately after World War II, including, but not
    31 13 limited to, interest on the proceeds receivable as
    31 14 insurance under policies issued to a victim of
    31 15 persecution for racial, ethnic, or religious reasons
    31 16 by Nazi Germany or any other Axis regime by European
    31 17 insurance companies immediately prior to and during
    31 18 World War II.  However, income from assets acquired
    31 19 with such assets or with the proceeds from the sale of
    31 20 such assets shall not be subtracted.  This
    31 21 subparagraph shall only apply to a taxpayer who was
    31 22 the first recipient of such assets after recovery of
    31 23 the assets and who is a victim of persecution for
    31 24 racial, ethnic, or religious reasons by Nazi Germany
    31 25 or any other Axis regime or is an heir of such victim.
    31 26    l.  Subtract, to the extent included, active duty
    31 27 pay received by a person in the national guard or
    31 28 armed forces military reserve for service performed on
    31 29 or after January 1, 2003, pursuant to military orders
    31 30 related to Operation Iraqi Freedom, Operation Noble
    31 31 Eagle, and Operation Enduring Freedom.
    31 32    m.  Subtract, not to exceed one thousand five
    31 33 hundred dollars, the overnight transportation, meals,
    31 34 and lodging expenses, to the extent not reimbursed,
    31 35 incurred by the taxpayer for travel away from home of
    31 36 more than one hundred miles for the performance of
    31 37 services by the taxpayer as a member of the national
    31 38 guard or armed forces military reserve.
    31 39    n.  Subtract, to the extent included, military
    31 40 student loan repayments received by the taxpayer
    31 41 serving on active duty in the national guard or armed
    31 42 forces military reserve or on active duty status in
    31 43 the armed forces.
    31 44    o.  Subtract, to the extent not otherwise excluded,
    31 45 the amount of the death gratuity payable under 10
    31 46 U.S.C. } 1475=1491 for deaths occurring after
    31 47 September 10, 2001.
    31 48    3.  a.  In determining the amount of federal income
    31 49 tax refunds or taxes paid or accrued under subsection
    31 50 1 or 2, for tax years beginning in the 2001 calendar
    32  1 year, the amount shall not be adjusted by the amount
    32  2 received during the tax year of the advanced refund of
    32  3 the rate reduction tax credit provided pursuant to the
    32  4 federal Economic Growth and Tax Relief Reconciliation
    32  5 Act of 2001, Pub. L. No.  107=16, and the advanced
    32  6 refund of such credit shall not be subject to taxation
    32  7 under this division.
    32  8    b.  In determining the amount of federal income tax
    32  9 refunds or taxes paid or accrued under subsection 1 or
    32 10 2, for tax years beginning in the 2002 calendar year,
    32 11 the amount shall not be adjusted by the amount of the
    32 12 rate reduction credit received during the tax year to
    32 13 the extent that the credit is attributable to the rate
    32 14 reduction credit provided pursuant to the federal
    32 15 Economic Growth and Tax Relief Reconciliation Act of
    32 16 2001, Pub. L. No. 107=16, and the amount of such
    32 17 credit shall not be taxable under this division.
    32 18    4.  The additional first=year depreciation
    32 19 allowance authorized in section 168(k) of the Internal
    32 20 Revenue Code, as enacted by Pub. L. No. 107=147,
    32 21 section 101, does not apply in computing net income
    32 22 for state tax purposes.  If the taxpayer has taken
    32 23 such deduction in computing federal adjusted gross
    32 24 income, the following adjustments shall be made:
    32 25    a.  Add the total amount of depreciation taken on
    32 26 all property for which the election under section
    32 27 168(k) of the Internal Revenue Code was made for the
    32 28 tax year.
    32 29    b.  Subtract an amount equal to depreciation taken
    32 30 on such property for the tax year using the modified
    32 31 accelerated cost recovery system depreciation method
    32 32 applicable under section 168 of the Internal Revenue
    32 33 Code without regard to section 168(k).
    32 34    c.  Any other adjustments to gains or losses to
    32 35 reflect the adjustments made in paragraphs "a" and "b"
    32 36 pursuant to rules adopted by the director.
    32 37    Sec. 55.  Section 422.8, subsection 2, paragraph a,
    32 38 Code 2003, is amended to read as follows:
    32 39    a.  Nonresident's net income allocated to Iowa is
    32 40 the net income, or portion of net income, which is
    32 41 derived from a business, trade, profession, or
    32 42 occupation carried on within this state or income from
    32 43 any property, trust, estate, or other source within
    32 44 Iowa.  However, income derived from a business, trade,
    32 45 profession, or occupation carried on within this state
    32 46 and income from any property, trust, estate, or other
    32 47 source within Iowa shall not include distributions
    32 48 from pensions, including defined benefit or defined
    32 49 contribution plans, annuities, individual retirement
    32 50 accounts, and deferred compensation plans or any
    33  1 earnings attributable thereto so long as the
    33  2 distribution is directly related to an individual's
    33  3 documented retirement and received while the
    33  4 individual is a nonresident of this state.  If a
    33  5 business, trade, profession, or occupation is carried
    33  6 on partly within and partly without the state, only
    33  7 the portion of the net income which is fairly and
    33  8 equitably attributable to that part of the business,
    33  9 trade, profession, or occupation carried on within the
    33 10 state is allocated to Iowa for purposes of section
    33 11 422.5, subsection 1, paragraph "j" "b", and section
    33 12 422.13 and income from any property, trust, estate, or
    33 13 other source partly within and partly without the
    33 14 state is allocated to Iowa in the same manner, except
    33 15 that annuities, interest on bank deposits and
    33 16 interest=bearing obligations, and dividends are
    33 17 allocated to Iowa only to the extent to which they are
    33 18 derived from a business, trade, profession, or
    33 19 occupation carried on within the state.
    33 20    Sec. 56.  Section 422.8, subsection 4, Code 2003,
    33 21 is amended by striking the subsection.
    33 22    Sec. 57.  Section 422.9, subsection 1, Code 2003,
    33 23 is amended to read as follows:
    33 24    1.  An optional standard deduction, after deduction
    33 25 of federal income tax, equal to one thousand two
    33 26 hundred thirty dollars for a married person who files
    33 27 separately or a single person or equal to three
    33 28 thousand thirty dollars for a husband and wife who
    33 29 file a joint return, a surviving spouse, or an
    33 30 unmarried head of household.  The optional standard
    33 31 deduction shall not exceed the amount remaining after
    33 32 deduction of the federal income tax.
    33 33    Sec. 58.  Section 422.9, subsection 2, paragraph b,
    33 34 Code 2003, is amended by striking the paragraph.
    33 35    Sec. 59.  Section 422.9, subsections 6 and 7, Code
    33 36 2003, are amended by striking the subsections.
    33 37    Sec. 60.  Section 422.11B, subsection 1, Code 2003,
    33 38 is amended to read as follows:
    33 39    1.  There is allowed as a credit against the tax
    33 40 determined in section 422.5, subsection 1, paragraphs
    33 41 "a" through "j" for a tax year an amount equal to the
    33 42 minimum tax credit for that tax year.
    33 43    The minimum tax credit for a tax year is the
    33 44 excess, if any, of the adjusted net minimum tax
    33 45 imposed for all prior tax years beginning on or after
    33 46 January 1, 1987, but before January 1, 2007, over the
    33 47 amount allowable as a credit under this section for
    33 48 those prior tax years.
    33 49    If a minimum tax credit is available to a tax
    33 50 period beginning on or after January 1, 2007, the
    34  1 credit can be carried over to tax years beginning on
    34  2 or after January 1, 2007, but before January 1, 2010.
    34  3 The minimum tax credit is limited to the tax
    34  4 determined in section 422.5, subsection 1, paragraphs
    34  5 "a" and "b".
    34  6    Sec. 61.  Section 422.13, subsection 1, paragraph
    34  7 c, and subsection 1A, Code 2003, are amended to read
    34  8 as follows:
    34  9    c.  However, if that part of the net income of a
    34 10 nonresident which is allocated to Iowa pursuant to
    34 11 section 422.8, subsection 2, is less than one thousand
    34 12 dollars the nonresident is not required to make and
    34 13 sign a return except when the nonresident is subject
    34 14 to the state alternative minimum tax imposed pursuant
    34 15 to section 422.5, subsection 1, paragraph "k".
    34 16    1A.  Notwithstanding any other provision in this
    34 17 section, a resident of this state is not required to
    34 18 make and file a return if the person's net income is
    34 19 equal to or less than the appropriate dollar amount
    34 20 listed in section 422.5, subsection 2, upon which tax
    34 21 is not imposed.  A nonresident of this state is not
    34 22 required to make and file a return if the person's
    34 23 total net income in section 422.5, subsection 1,
    34 24 paragraph "j", "b", is equal to or less than the
    34 25 appropriate dollar amount provided in section 422.5,
    34 26 subsection 2, upon which tax is not imposed.  For
    34 27 purposes of this subsection, the amount of a lump sum
    34 28 distribution subject to separate federal tax shall be
    34 29 included in net income for purposes of determining if
    34 30 a resident is required to file a return and the
    34 31 portion of the lump sum distribution that is allocable
    34 32 to Iowa is included in total net income for purposes
    34 33 of determining if a nonresident is required to make
    34 34 and file a return.
    34 35    Sec. 62.  Section 422.21, unnumbered paragraph 5,
    34 36 Code 2003, is amended to read as follows:
    34 37    The director shall determine for the 1989 2008 and
    34 38 each subsequent calendar year the annual and
    34 39 cumulative inflation factors for each calendar year to
    34 40 be applied to tax years beginning on or after January
    34 41 1 of that calendar year.  The director shall compute
    34 42 the new dollar amounts as specified to be adjusted in
    34 43 section 422.5 by the latest cumulative inflation
    34 44 factor and round off the result to the nearest one
    34 45 dollar.  The annual and cumulative inflation factors
    34 46 determined by the director are not rules as defined in
    34 47 section 17A.2, subsection 11.  The director shall
    34 48 determine for the 1990 calendar year and each
    34 49 subsequent calendar year the annual and cumulative
    34 50 standard deduction factors to be applied to tax years
    35  1 beginning on or after January 1 of that calendar year.
    35  2 The director shall compute the new dollar amounts of
    35  3 the standard deductions specified in section 422.9,
    35  4 subsection 1, by the latest cumulative standard
    35  5 deduction factor and round off the result to the
    35  6 nearest ten dollars.  The annual and cumulative
    35  7 standard deduction factors determined by the director
    35  8 are not rules as defined in section 17A.2, subsection
    35  9 11.
    35 10    Sec. 63.  Section 422.11B, Code 2003, is repealed.
    35 11                 COORDINATING AMENDMENTS
    35 12    Sec. 64.  Section 12D.9, subsection 2, Code 2003,
    35 13 is amended to read as follows:
    35 14    2.  State income tax treatment of the Iowa
    35 15 educational savings plan trust shall be as provided in
    35 16 section 422.7, subsections 32, 33, and 34 subsection
    35 17 1, paragraph "e", and subsection 2, paragraph "h", and
    35 18 section 422.35, subsection 14.
    35 19    Sec. 65.  Section 217.39, Code 2003, is amended to
    35 20 read as follows:
    35 21    217.39  PERSECUTED VICTIMS OF WORLD WAR II ==
    35 22 REPARATIONS == HEIRS.
    35 23    Notwithstanding any other law of this state,
    35 24 payments paid to and income from lost property of a
    35 25 victim of persecution for racial, ethnic, or religious
    35 26 reasons by Nazi Germany or any other Axis regime or as
    35 27 an heir of such victim which is exempt from state
    35 28 income tax as provided in section 422.7, subsection 35
    35 29 2, paragraph "k", shall not be considered as income or
    35 30 an asset for determining the eligibility for state or
    35 31 local government benefit or entitlement programs.  The
    35 32 proceeds are not subject to recoupment for the receipt
    35 33 of governmental benefits or entitlements, and liens,
    35 34 except liens for child support, are not enforceable
    35 35 against these sums for any reason.
    35 36    Sec. 66.  Section 422.120, subsection 1, paragraph
    35 37 b, subparagraph (3), Code 2003, is amended to read as
    35 38 follows:
    35 39    (3)  The annual index factor for the 1997 calendar
    35 40 year is one hundred percent.  For each subsequent the
    35 41 1998 through 2006 calendar year years, the annual
    35 42 index factor equals the annual inflation factor for
    35 43 that calendar year as computed in section 422.4 for
    35 44 purposes of the individual income tax.  For the 2007
    35 45 calendar year and each subsequent calendar year the
    35 46 annual index factor shall be determined by the
    35 47 department by October 15 of the calendar year
    35 48 preceding the calendar year for which the factor is
    35 49 determined, which reflects the purchasing power of the
    35 50 dollar as a result of inflation during the fiscal year
    36  1 ending in the calendar year preceding the calendar
    36  2 year for which the factor is determined.  In
    36  3 determining the annual index factor, the department
    36  4 shall use the annual percent change, but not less than
    36  5 zero percent, in the gross domestic product price
    36  6 deflator computed for the second quarter of the
    36  7 calendar year by the bureau of economic analysis of
    36  8 the United States department of commerce and shall add
    36  9 all of that percent change to one hundred percent.
    36 10 The annual index factor and the cumulative index
    36 11 factor shall each be expressed as a percentage rounded
    36 12 to the nearest one=tenth of one percent.  The annual
    36 13 index factor shall not be less than one hundred
    36 14 percent.
    36 15    Sec. 67.  Section 425.23, subsection 4, paragraph
    36 16 b, Code 2003, is amended to read as follows:
    36 17    b.  The annual adjustment factor for the 1998 base
    36 18 year is one hundred percent.  For each subsequent the
    36 19 1999 through 2006 base year years, the annual
    36 20 adjustment factor equals the annual inflation factor
    36 21 for the calendar year, in which the base year begins,
    36 22 as computed in section 422.4 for purposes of the
    36 23 individual income tax.  For the 2007 base year and
    36 24 each subsequent base year, the annual adjustment
    36 25 factor equals the annual index factor, in which the
    36 26 base year begins, as computed in section 422.120,
    36 27 subsection 1, for purposes of the livestock production
    36 28 tax credit.
    36 29    Sec. 68.  Section 450.4, subsection 8, Code 2003,
    36 30 is amended to read as follows:
    36 31    8.  On the value of that portion of any lump sum or
    36 32 installment payments which are received by a
    36 33 beneficiary under an annuity which was purchased under
    36 34 an employee's pension or retirement plan which was
    36 35 excluded from net income as set forth in under section
    36 36 422.7, subsection 31.
    36 37    Sec. 69.  Section 541A.2, subsection 7, unnumbered
    36 38 paragraph 1, Code 2003, is amended to read as follows:
    36 39    An individual development account closed in
    36 40 accordance with this subsection is not subject to the
    36 41 limitations and benefits provided by this chapter but
    36 42 is subject to state tax in accordance with the
    36 43 provisions of section 422.7, subsection 28 2,
    36 44 paragraph "g", and section 450.4, subsection 6.  An
    36 45 individual development account may be closed for any
    36 46 of the following reasons:
    36 47    Sec. 70.  Section 541A.3, subsection 2, Code 2003,
    36 48 is amended to read as follows:
    36 49    2.  Income earned by an individual development
    36 50 account is not subject to state tax, in accordance
    37  1 with the provisions of section 422.7, subsection 28 2,
    37  2 paragraph "g".
    37  3    Sec. 71.  Division III of this Act is repealed.
    37  4  CONTINGENT EFFECTIVE AND APPLICABILITY DATE PROVISION
    37  5    Sec. 72.
    37  6    1.  This division of this Act takes effect upon
    37  7 ratification prior to January 1, 2007, of an amendment
    37  8 to the Constitution of the State of Iowa requiring a
    37  9 three=fifths majority vote of each house of the
    37 10 general assembly in order to pass a bill that amends
    37 11 the state individual income tax by raising the rate or
    37 12 rates of the individual income tax or of an amendment
    37 13 to the Constitution of the State of Iowa requiring a
    37 14 statewide referendum in order to approve a bill that
    37 15 amends the state individual income tax by raising the
    37 16 rate or rates of the individual income tax.
    37 17    2.  If this division of this Act takes effect as
    37 18 provided in subsection 1, this division of this Act,
    37 19 except as provided in subsection 3, applies to tax
    37 20 years beginning on or after January 1, 2007.
    37 21    3.  The section of this division of this Act
    37 22 repealing section 422.11B applies to tax years
    37 23 beginning on or after January 1, 2010.
    37 24                       DIVISION V
    37 25                SALES AND USE TAX STUDIES
    37 26    Sec. 73.  INDUSTRIAL PROCESSING EXEMPTION STUDY
    37 27 COMMITTEE.  On or before July 1, 2003, the department
    37 28 of revenue and finance shall initiate and coordinate
    37 29 the establishment of an industrial processing
    37 30 exemption study committee and provide staffing
    37 31 assistance to the committee.  It is the intent of the
    37 32 general assembly that the committee shall include
    37 33 representatives of the department of revenue and
    37 34 finance, department of management, industrial
    37 35 producers including manufacturers, fabricators,
    37 36 printers and publishers, and an association that
    37 37 specifically represents business tax issues, and other
    37 38 stakeholders.
    37 39    The industrial processing exemption under the sales
    37 40 and use tax is a significant exemption for business.
    37 41 The committee shall study and make legislative and
    37 42 administrative recommendations relating to Iowa's
    37 43 processing exemption to ensure maximum utilization by
    37 44 Iowa's industries.
    37 45    The committee shall study and make recommendations
    37 46 regarding all of the following:
    37 47    1.  The current sales and use tax industrial
    37 48 processing exemption.
    37 49    2.  The corresponding administrative rules,
    37 50 including a review and recommendation of an
    38  1 administrative rules process relating to the
    38  2 industrial processing exemption prior to filing with
    38  3 the administrative rules review committee.
    38  4    3.  Other states' industrial processing exemptions.
    38  5    4.  Recommendations for change for issues including
    38  6 effectiveness and competitiveness.
    38  7    5.  Development of additional publications to
    38  8 improve compliance.
    38  9    The committee shall annually report to the general
    38 10 assembly by January 1 of each year through January 1,
    38 11 2013.
    38 12    Sec. 74.  IOWA SALES, SERVICES, AND USE TAX STUDY
    38 13 COMMITTEE.  On or before July 1, 2003, the department
    38 14 of revenue and finance shall initiate and coordinate
    38 15 the establishment of a state sales, services, and use
    38 16 tax study committee and provide staffing assistance to
    38 17 the committee.  It is the intent of the general
    38 18 assembly that the committee shall include
    38 19 representatives of the department of revenue and
    38 20 finance, department of management, an association of
    38 21 Iowa farmers and other agricultural interests, retail
    38 22 associations, contractors, taxpayers, an association
    38 23 that specifically represents business tax issues, and
    38 24 other stakeholders, two members of the general
    38 25 assembly, and a representative of the governor's
    38 26 office.
    38 27    The committee shall study the current sales,
    38 28 services, and use tax law.  Programs funded through
    38 29 special features of the tax code often escape regular
    38 30 review.  It is intended that the study committee shall
    38 31 review the current sales, services, and use tax
    38 32 exemptions to improve government accountability.
    38 33    The committee shall study and make recommendations
    38 34 regarding all of the following:
    38 35    1.  Retaining or eliminating current sales,
    38 36 services, and use tax exemptions or providing new
    38 37 exemptions.  Such decisions shall be based at least
    38 38 partially on the issues of effectiveness and
    38 39 competitiveness and their impact on economic behavior.
    38 40    2.  Tax simplification and consistency issues in
    38 41 applying the tax, including recordkeeping burdens on
    38 42 retailers and application by the department of revenue
    38 43 and finance.
    38 44    3.  Streamlining sales tax implementation in Iowa.
    38 45    4.  The tax rate.
    38 46    5.  Comparison of Iowa sales, services, and use tax
    38 47 structure with other states.
    38 48    The committee shall report to the general assembly
    38 49 by January 1, 2004.  The report shall provide
    38 50 rationale for each decision made by the study
    39  1 committee.
    39  2    Sec. 75.  EFFECTIVE DATE.  This division of this
    39  3 Act, being deemed of immediate importance, takes
    39  4 effect July 1, 2003.
    39  5                       DIVISION VI
    39  6                GROW IOWA BOARD AND FUND
    39  7    Sec. 76.  Section 15.108, subsection 9, Code 2003,
    39  8 is amended by adding the following new paragraph:
    39  9    NEW PARAGRAPH.  g.  Administer the marketing
    39 10 strategy selected pursuant to section 15G.108.
    39 11    Sec. 77.  NEW SECTION.  15G.101  DEFINITIONS.
    39 12    As used in this chapter, unless the context
    39 13 otherwise requires:
    39 14    1.  "Board" means the grow Iowa board established
    39 15 in section 15G.102.
    39 16    2.  "Department" means the Iowa department of
    39 17 economic development created in section 15.105.
    39 18    3.  "Director" means the director of the department
    39 19 of economic development.
    39 20    4.  "Fund" means the grow Iowa fund created in
    39 21 section 15G.107.
    39 22    5.  "Grow Iowa geographic regions" means the
    39 23 geographic regions defined in section 15G.105.
    39 24    Sec. 78.  NEW SECTION.  15G.102  GROW IOWA BOARD.
    39 25    1.  The grow Iowa board is established consisting
    39 26 of nine voting members.  The grow Iowa board shall be
    39 27 located for administrative purposes within the
    39 28 department and the director shall provide office
    39 29 space, staff assistance, and necessary supplies and
    39 30 equipment for the board.  The director shall budget
    39 31 moneys to pay the compensation and expenses of the
    39 32 board.  In performing its functions, the board is
    39 33 performing a public function on behalf of the state
    39 34 and is a public instrumentality of the state.
    39 35    2.  a.  The members of the board shall be appointed
    39 36 as follows:
    39 37    (1)  Five individuals appointed by the governor,
    39 38 subject to confirmation by the senate.
    39 39    (2)  Four individuals appointed by the legislative
    39 40 council.
    39 41    b.  All appointments shall comply with sections
    39 42 69.16 and 69.16A.
    39 43    c.  At least one member of the board shall be from
    39 44 each grow Iowa geographic region.
    39 45    d.  Each of the following areas of expertise shall
    39 46 be represented by at least one member of the board who
    39 47 has professional experience in that area of expertise:
    39 48    (1)  Accounting and finance.
    39 49    (2)  Business development for employers with less
    39 50 than two hundred employees and sales of less than ten
    40  1 million dollars per year.
    40  2    (3)  Insurance.
    40  3    (4)  Economics.
    40  4    (5)  Personnel.
    40  5    e.  All members of the board shall be actively
    40  6 employed in the private, for=profit sector of the
    40  7 economy.
    40  8    f.  The board membership shall be balanced between
    40  9 representation by employers with less than two hundred
    40 10 employees and employers with two hundred or more
    40 11 employees.
    40 12    3.  The chairperson and vice chairperson shall be
    40 13 elected by the members of the board from the
    40 14 membership of the board.  In the case of the absence
    40 15 or disability of the chairperson and vice chairperson,
    40 16 the members of the board shall elect a temporary
    40 17 chairperson by a majority vote of those members who
    40 18 are present and voting, provided a quorum is present.
    40 19    4.  The members of the board shall be appointed to
    40 20 three=year staggered terms and the terms shall
    40 21 commence and end as provided in section 69.19.  If a
    40 22 vacancy occurs, a successor shall be appointed in the
    40 23 same manner and subject to the same qualifications as
    40 24 the original appointment to serve the unexpired term.
    40 25    5.  A majority of the board constitutes a quorum.
    40 26    6.  A member of the board shall abstain from voting
    40 27 on the provision of financial assistance to a project
    40 28 which is located in the county in which the member of
    40 29 the board resides.
    40 30    7.  The members of the board are entitled to
    40 31 receive reimbursement for actual expenses incurred
    40 32 while engaged in the performance of official duties.
    40 33 A board member may also be eligible to receive
    40 34 compensation as provided in section 7E.6.
    40 35    Sec. 79.  NEW SECTION.  15G.103  BOARD DUTIES.
    40 36    The board shall do all of the following:
    40 37    1.  Organize.
    40 38    2.  Receive advice and recommendations from the
    40 39 grow Iowa investment board, the economic development
    40 40 marketing board, and the grow Iowa review commission.
    40 41    3.  Provide advice and recommendations to the
    40 42 department and the Iowa economic development board for
    40 43 making appropriations from and administering the grow
    40 44 Iowa fund.  A recommendation made by the grow Iowa
    40 45 board to the department or the Iowa economic
    40 46 development board shall be either approved or denied
    40 47 by the department or the Iowa economic development
    40 48 board.
    40 49    4.  Assist the department in implementing programs
    40 50 and activities in a manner designed to achieve the
    41  1 goals set out in section 15G.106.
    41  2    5.  By December 15 of each year, submit a written
    41  3 report to the general assembly reviewing the
    41  4 activities of the board during the calendar year.  The
    41  5 report shall include information necessary for the
    41  6 review of the goals and performance measures set out
    41  7 in section 15G.106.  State agencies and other entities
    41  8 receiving moneys from the fund shall cooperate with
    41  9 and assist the board in compilation of the report.
    41 10    6.  Adopt administrative rules pursuant to chapter
    41 11 17A necessary to administer this chapter.  This
    41 12 delegation shall be construed narrowly.
    41 13    Sec. 80.  NEW SECTION.  15G.104  GROW IOWA
    41 14 INVESTMENT BOARD.
    41 15    1.  A grow Iowa investment board is established
    41 16 consisting of three members and is located for
    41 17 administrative purposes within the department. The
    41 18 director of the department shall provide office space,
    41 19 staff assistance, and necessary supplies and equipment
    41 20 for the board.  The director shall budget moneys to
    41 21 pay the compensation and expenses of the board.  In
    41 22 performing its functions, the board is performing a
    41 23 public function on behalf of the state and is a public
    41 24 instrumentality of the state.
    41 25    2.  a.  Membership of the grow Iowa investment
    41 26 board shall include all of the following:
    41 27    (1)  One member appointed by the governor from a
    41 28 list of three banking representatives provided by the
    41 29 superintendent of banking.  This member shall serve a
    41 30 three=year term.
    41 31    (2)  One member appointed by the governor from a
    41 32 list of entrepreneurs provided jointly by the Iowa
    41 33 association of business and industry and the national
    41 34 federation of independent business.  This member shall
    41 35 serve a three=year term.
    41 36    (3)  The entrepreneur of the year as selected by
    41 37 the Iowa small business development centers shall be
    41 38 offered a one=year membership on the investment board.
    41 39 If the entrepreneur of the year declines to serve on
    41 40 the investment board, a member shall be appointed by
    41 41 the governor from the list provided pursuant to
    41 42 subparagraph (2) for the one=year term.
    41 43    b.  The chairperson and vice chairperson of the
    41 44 grow Iowa investment board shall be elected by and
    41 45 from the investment board members.  The terms of the
    41 46 members shall commence and end as provided by section
    41 47 69.19.  If a vacancy occurs, a successor shall be
    41 48 appointed in the same manner and subject to the same
    41 49 qualifications as the original appointment to serve
    41 50 the unexpired term.  A majority of the investment
    42  1 board constitutes a quorum.
    42  2    3.  The grow Iowa investment board, after a
    42  3 thorough review, shall determine whether a proposed
    42  4 project using moneys from the grow Iowa fund is
    42  5 practical and shall provide recommendations to the
    42  6 grow Iowa board regarding any moneys proposed to be
    42  7 expended from the grow Iowa fund, with the exception
    42  8 of moneys appropriated for purposes of the loan and
    42  9 credit guarantee program and regarding whether a
    42 10 proposed project is practical.  The recommendations
    42 11 shall be based on whether the expenditure would make
    42 12 the achievement of the goals in accordance with the
    42 13 performance measures set out in section 15G.106 more
    42 14 likely.  The recommendations may include conditions or
    42 15 that proposed expenditure be rejected.  The grow Iowa
    42 16 board shall consider the recommendations of the grow
    42 17 Iowa investment board and shall make an independent
    42 18 recommendation to the department and the Iowa economic
    42 19 development board regarding the expenditure.  The
    42 20 recommendations of the grow Iowa board shall include
    42 21 the recommendations made by the grow Iowa investment
    42 22 board.
    42 23    4.  The members of the board are entitled to
    42 24 receive reimbursement for actual expenses incurred
    42 25 while engaged in the performance of official duties.
    42 26 A board member may also be eligible to receive
    42 27 compensation as provided in section 7E.6.
    42 28    Sec. 81.  NEW SECTION.  15G.104A  GROW IOWA REVIEW
    42 29 COMMISSION.
    42 30    1.  A grow Iowa review commission is established
    42 31 consisting of three members and is located for
    42 32 administrative purposes within the department.  The
    42 33 director of the department shall provide office space,
    42 34 staff assistance, and necessary supplies and equipment
    42 35 for the review commission.  The director shall budget
    42 36 moneys to pay the compensation and expenses of the
    42 37 commission, including the actual expenses of the
    42 38 auditor of state incurred while engaged in the
    42 39 performance of official commission duties.  In
    42 40 performing its functions, the review commission is
    42 41 performing a public function on behalf of the state
    42 42 and is a public instrumentality of the state.
    42 43    2.  Membership of the review commission shall
    42 44 include the auditor of state, an economist for the
    42 45 Iowa state university cooperative extension service in
    42 46 agriculture and home economics appointed by the
    42 47 president of the senate after consultation with the
    42 48 minority leader of the senate, and a private sector
    42 49 economist with broad experience reviewing and
    42 50 analyzing the Iowa economy and the economy of the
    43  1 upper midwest appointed by the speaker of the house of
    43  2 representatives after consultation with the minority
    43  3 leader of the house of representatives.  The
    43  4 appointments shall comply with sections 69.16 and
    43  5 69.16A.  The chairperson of the review commission
    43  6 shall be the auditor of state.  The members shall be
    43  7 appointed to three=year staggered terms and the terms
    43  8 shall commence and end as provided by section 69.19.
    43  9 If a vacancy occurs, a successor shall be appointed in
    43 10 the same manner and subject to the same qualifications
    43 11 as the original appointment to serve the unexpired
    43 12 term.  A majority of the review commission constitutes
    43 13 a quorum.  For purposes of this subsection, "upper
    43 14 midwest" includes the states of Iowa, Kansas,
    43 15 Minnesota, Missouri, Nebraska, North Dakota, and South
    43 16 Dakota.
    43 17    3.  The review commission shall analyze all annual
    43 18 reports of the grow Iowa board for purposes of
    43 19 determining if the goals and performance measures set
    43 20 out in section 15G.106 have been met.  By January 1,
    43 21 2007, the review commission shall submit a report to
    43 22 the grow Iowa board, the department, and the general
    43 23 assembly.  The report shall include findings, itemized
    43 24 by grow Iowa geographic regions, regarding whether the
    43 25 goals and performance measures were met.  The report
    43 26 shall also include recommendations regarding the
    43 27 continuation, elimination, or modification of any
    43 28 programs receiving moneys from the grow Iowa fund and
    43 29 whether moneys should continue to be appropriated to
    43 30 and from the grow Iowa fund.  The recommendations
    43 31 shall be based on whether the goals in accordance with
    43 32 the performance measures are being achieved.
    43 33    4.  The members of the commission, including the
    43 34 auditor of state, are entitled to receive
    43 35 reimbursement for actual expenses incurred while
    43 36 engaged in the performance of official duties.  A
    43 37 commission member may also be eligible to receive
    43 38 compensation as provided in section 7E.6.
    43 39    Sec. 82.  NEW SECTION.  15G.105  GROW IOWA
    43 40 GEOGRAPHIC REGIONS.
    43 41    For purposes of applying the goals and performance
    43 42 measurements, the state shall be divided into five
    43 43 grow Iowa geographic regions.  The regions shall be
    43 44 the following:
    43 45    1.  The northwest region shall include the counties
    43 46 of Lyon, Osceola, Dickinson, Emmet, Kossuth,
    43 47 Winnebago, Sioux, O'Brien, Clay, Palo Alto, Hancock,
    43 48 Plymouth, Cherokee, Buena Vista, Pocahontas, Humboldt,
    43 49 Wright, Woodbury, Ida, Sac, Calhoun, Webster, and
    43 50 Hamilton.
    44  1    2.  The northeast region shall include the counties
    44  2 of Worth, Mitchell, Howard, Winneshiek, Allamakee,
    44  3 Cerro Gordo, Floyd, Chickasaw, Fayette, Clayton,
    44  4 Franklin, Butler, Bremer, Hardin, Grundy, Black Hawk,
    44  5 Buchanan, Delaware, Dubuque, Tama, Benton, Linn,
    44  6 Jones, and Jackson.
    44  7    3.  The southeast region shall include the counties
    44  8 of Poweshiek, Iowa, Johnson, Cedar, Clinton, Scott,
    44  9 Muscatine, Mahaska, Keokuk, Washington, Louisa,
    44 10 Monroe, Wapello, Jefferson, Henry, Des Moines,
    44 11 Appanoose, Davis, Van Buren, and Lee.
    44 12    4.  The southwest region shall include the counties
    44 13 of Monona, Crawford, Carroll, Greene, Harrison,
    44 14 Shelby, Audubon, Guthrie, Pottawattamie, Cass, Adair,
    44 15 Mills, Montgomery, Adams, Union, Clarke, Lucas,
    44 16 Fremont, Page, Taylor, Ringgold, Decatur, and Wayne.
    44 17    5.  The central region shall include the counties
    44 18 of Boone, Story, Marshall, Dallas, Polk, Jasper,
    44 19 Madison, Warren, and Marion.
    44 20    Sec. 83.  NEW SECTION.  15G.106  GOALS ==
    44 21 PERFORMANCE MEASURES.
    44 22    1.  In performing the duties provided in this
    44 23 chapter, chapter 15, and chapter 15E, the grow Iowa
    44 24 board, the grow Iowa investment board, the economic
    44 25 development marketing board, the grow Iowa review
    44 26 commission, and the department shall achieve the goals
    44 27 of expanding and stimulating the state economy,
    44 28 increasing the wealth of Iowans, and increasing the
    44 29 population of the state.  For purposes of this
    44 30 section, "upper midwest region" includes the states of
    44 31 Iowa, Kansas, Minnesota, Missouri, Nebraska, North
    44 32 Dakota, and South Dakota.
    44 33    2.  Goal achievement shall be examined on a
    44 34 regional basis using the grow Iowa geographic regions
    44 35 and not on a statewide basis.  The performance of the
    44 36 grow Iowa geographic regions shall be compared to the
    44 37 performance of the state, the upper midwest region,
    44 38 and the United States.  The baseline year shall be the
    44 39 calendar year 2000.  In each grow Iowa geographic
    44 40 region, the goal shall be to increase the baseline
    44 41 performance measures listed in subsections 3, 4, and
    44 42 5, by thirty percent.
    44 43    3.  a.  In determining whether the goal of
    44 44 expanding and stimulating the state economy has been
    44 45 met, the following performance measures shall be
    44 46 considered:
    44 47    (1)  An increase in Iowa's gross domestic product.
    44 48    (2)  A net increase in business start=ups.
    44 49    (3)  A net increase in business expansion.
    44 50    (4)  A net increase in business modernization.
    45  1    (5)  A net increase in attracting new businesses to
    45  2 the state.
    45  3    (6)  A net increase in business retention.
    45  4    (7)  A net increase in job creation and retention.
    45  5    (8)  A decrease in Iowa of the ratio of the
    45  6 government wage earnings as a percentage share of the
    45  7 earnings of private industry in Iowa at a rate at
    45  8 least equal to the ratio of the upper midwest region.
    45  9    b.  By December 15 of each year, the department
    45 10 shall submit a report to the grow Iowa review
    45 11 commission and the grow Iowa board that identifies
    45 12 information pertinent to the performance measures in
    45 13 paragraph "a", subparagraphs (3), (4), and (6), that
    45 14 the department gains through interviews with
    45 15 businesses in the state that close all or a portion of
    45 16 operations in the state.  By December 15 of each year,
    45 17 based on the same interviews, the department shall
    45 18 submit a report to the general assembly providing
    45 19 suggested amendments to the Code of Iowa and the Iowa
    45 20 administrative code designed to stimulate and expand
    45 21 the state's economy.
    45 22    c.  By December 15 of each year the department
    45 23 shall submit a report to the grow Iowa review
    45 24 commission and the grow Iowa board that identifies
    45 25 lost sale reports information pertinent to the
    45 26 performance measures in paragraph "a", subparagraphs
    45 27 (2) and (5), which indicate that the state has not
    45 28 been successful in the performance measures in
    45 29 paragraph "a", subparagraphs (2) and (5).
    45 30    d.  For purposes of the performance measure in
    45 31 paragraph "a", subparagraph (7), the department of
    45 32 economic development, in consultation with the
    45 33 department of workforce development and the auditor of
    45 34 state, shall determine an average annual job creation
    45 35 and retention rate based on the ten years prior to
    45 36 2003.  During the fiscal years beginning July 1, 2003,
    45 37 July 1, 2004, and July 1, 2005, the department of
    45 38 economic development shall report the job creation and
    45 39 retention rate of those businesses that receive moneys
    45 40 originating from the grow Iowa fund and the job
    45 41 creation and retention rate of those businesses that
    45 42 do not receive moneys originating from the grow Iowa
    45 43 fund.  The ten=year average annual job creation and
    45 44 retention rate shall be compared to the job creation
    45 45 and retention rates determined under this paragraph
    45 46 for the fiscal years beginning July 1, 2003, July 1,
    45 47 2004, and July 1, 2005.  The department of economic
    45 48 development shall assist the department of workforce
    45 49 development in maintaining detailed employment
    45 50 statistics on businesses that receive moneys
    46  1 originating from the grow Iowa fund, on businesses
    46  2 that do not receive moneys originating from the grow
    46  3 Iowa fund, and on industries in Iowa that those
    46  4 businesses represent.  The auditor of state shall
    46  5 audit the reliability and validity of the statistics
    46  6 compiled pursuant to this paragraph.
    46  7    4.  In determining whether the goal of increasing
    46  8 the wealth of Iowans has been met, the following
    46  9 performance measures shall be considered:
    46 10    a.  The per capita personal income in Iowa shall
    46 11 equal or exceed the average per capita personal income
    46 12 for the upper midwest region.
    46 13    b.  The average earnings per job in Iowa shall
    46 14 equal or exceed the average earnings per job in the
    46 15 upper midwest region.
    46 16    c.  The average manufacturing earnings per employee
    46 17 in Iowa shall equal or exceed the average
    46 18 manufacturing earnings per employee in the upper
    46 19 midwest region.
    46 20    d.  The average service earnings per employee in
    46 21 Iowa shall equal or exceed the average service
    46 22 earnings per employee in the upper midwest region.
    46 23    e.  The average earnings per employee in the
    46 24 financial, insurance, and real estate industries in
    46 25 Iowa shall equal or exceed the average earnings per
    46 26 employee in the financial, insurance, and real estate
    46 27 industries in the upper midwest region.
    46 28    5.  In determining whether the goal of increasing
    46 29 the population of the state has been met, the
    46 30 following performance measures shall be considered:
    46 31    a.  The net increase in new residents in the state
    46 32 gained through attracting new businesses to the state.
    46 33    b.  The increase in the retention of high school
    46 34 graduates and college graduates from private and
    46 35 public colleges and universities in the state after
    46 36 graduation.
    46 37    c.  The ability to retain fifty percent of all
    46 38 undergraduate graduates of universities under the
    46 39 control of the state board of regents in the state
    46 40 after graduation.
    46 41    d.  The net population growth of Iowa equals or
    46 42 exceeds the population growth in the upper midwest
    46 43 region.
    46 44    Sec. 84.  NEW SECTION.  15G.107  GROW IOWA FUND.
    46 45    A grow Iowa fund is created in the state treasury
    46 46 under the control of the grow Iowa board consisting of
    46 47 moneys appropriated to the grow Iowa board.  Moneys in
    46 48 the fund are not subject to section 8.33.
    46 49 Notwithstanding section 12C.7, interest or earnings on
    46 50 moneys in the fund shall be credited to the fund.  The
    47  1 fund shall be administered by the grow Iowa board,
    47  2 which shall make expenditures from the fund consistent
    47  3 with this chapter and pertinent Acts of the general
    47  4 assembly.
    47  5    Sec. 85.  NEW SECTION.  15G.108  ECONOMIC
    47  6 DEVELOPMENT MARKETING BOARD == MARKETING STRATEGIES.
    47  7    1.  a.  An economic development marketing board is
    47  8 established consisting of seven members and is located
    47  9 for administrative purposes within the department.
    47 10 The director of the department shall provide office
    47 11 space, staff assistance, and necessary supplies and
    47 12 equipment for the board.  The director shall budget
    47 13 moneys to pay the compensation and expenses of the
    47 14 board.  In performing its functions, the board is
    47 15 performing a public function on behalf of the state
    47 16 and is a public instrumentality of the state.
    47 17    b.  The membership of the board shall be as
    47 18 follows:
    47 19    (1)  Three members with significant demonstrated
    47 20 experience in marketing or advertising appointed by
    47 21 the governor.
    47 22    (2)  Four members with significant demonstrated
    47 23 experience in marketing or advertising appointed by
    47 24 the legislative council.
    47 25    c.  The appointments made by the governor shall
    47 26 comply with sections 69.16 and 69.16A and shall be
    47 27 subject to confirmation by the senate.
    47 28    d.  The chairperson and vice chairperson of the
    47 29 board shall be elected by and from the board members
    47 30 listed in paragraph "b".  In case of the absence or
    47 31 disability of the chairperson and vice chairperson,
    47 32 the members of the board shall elect a temporary
    47 33 chairperson by a majority vote of those members who
    47 34 are present and voting.
    47 35    e.  The members shall be appointed to three=year
    47 36 staggered terms and the terms shall commence and end
    47 37 as provided by section 69.19.  If a vacancy occurs, a
    47 38 successor shall be appointed to serve the unexpired
    47 39 term.  A successor shall be appointed in the same
    47 40 manner and subject to the same qualifications as the
    47 41 original appointment to serve the unexpired term.
    47 42    f.  A majority of the board constitutes a quorum.
    47 43    2.  The board shall administer and implement the
    47 44 approval process for marketing strategies provided in
    47 45 subsection 3.
    47 46    3.  The economic development marketing board shall
    47 47 accept proposals for marketing strategies for purposes
    47 48 of selecting a strategy for the department to
    47 49 administer.  The marketing strategies shall be
    47 50 designed to market Iowa as a lifestyle, increase the
    48  1 population of the state, increase the wealth of
    48  2 Iowans, and expand and stimulate the state economy.
    48  3 The economic development marketing board shall submit
    48  4 a recommendation regarding the proposal to the grow
    48  5 Iowa board.  In selecting a marketing strategy for
    48  6 recommendation, the economic development marketing
    48  7 board shall base the selection on the goals and
    48  8 performance measures provided in section 15G.106.  The
    48  9 grow Iowa board shall either approve or deny the
    48 10 recommendation.
    48 11    4.  The department shall implement and administer
    48 12 the marketing strategy approved by the grow Iowa board
    48 13 as provided in subsection 3.  The department shall
    48 14 provide the economic development marketing board with
    48 15 assistance in implementing administrative functions of
    48 16 the board and provide technical assistance to the
    48 17 board.
    48 18    5.  The members of the board are entitled to
    48 19 receive reimbursement for actual expenses incurred
    48 20 while engaged in the performance of official duties.
    48 21 A board member may also be eligible to receive
    48 22 compensation as provided in section 7E.6.
    48 23    Sec. 86.  NEW SECTION.  15G.109  FUTURE
    48 24 CONSIDERATION.
    48 25    Not later than February 1, 2007, the legislative
    48 26 services agency shall prepare and deliver to the
    48 27 secretary of the senate and the chief clerk of the
    48 28 house of representatives identical bills that repeal
    48 29 the provisions of this chapter.  It is the intent of
    48 30 this section that the general assembly shall bring the
    48 31 bill to a vote in either the senate or the house of
    48 32 representatives expeditiously.  It is further the
    48 33 intent of this chapter that if the bill is approved by
    48 34 the first house in which it is considered, it shall
    48 35 expeditiously be brought to a vote in the second
    48 36 house.
    48 37                      DIVISION VII
    48 38     VALUE=ADDED AGRICULTURAL PRODUCTS AND PROCESSES
    48 39              FINANCIAL ASSISTANCE PROGRAM
    48 40    Sec. 87.  Section 15E.111, subsection 1, Code 2003,
    48 41 is amended to read as follows:
    48 42    1.  a.  The department shall establish a value=
    48 43 added agricultural products and processes financial
    48 44 assistance program.  The department shall consult with
    48 45 the Iowa corn growers association and the Iowa soybean
    48 46 association Iowa commodity groups.  The purpose of the
    48 47 program is to encourage the increased utilization of
    48 48 agricultural commodities produced in this state.  The
    48 49 program shall assist in efforts to revitalize rural
    48 50 regions of this state, by committing resources to
    49  1 provide financial assistance to new or existing value=
    49  2 added production facilities.  The department of
    49  3 economic development may consult with other state
    49  4 agencies regarding any possible future environmental,
    49  5 health, or safety issues linked to technology related
    49  6 to the biotechnology industry.  In awarding financial
    49  7 assistance, the department shall prefer producer=
    49  8 owned, value=added businesses and public and private
    49  9 joint ventures involving an institution of higher
    49 10 learning under the control of the state board of
    49 11 regents or a private college or university acquiring
    49 12 assets, research facilities, and leveraging moneys in
    49 13 a manner that meets the goals of the grow Iowa fund
    49 14 and shall commit resources to assist the following:
    49 15    a. (1)  Facilities which are involved in the
    49 16 development of new innovative products and processes
    49 17 related to agriculture.  The facility must do either
    49 18 of the following:  produce a good derived from an
    49 19 agricultural commodity, if the good is not commonly
    49 20 produced from an agricultural commodity; or use a
    49 21 process to produce a good derived from an agricultural
    49 22 process, if the process is not commonly used to
    49 23 produce the good.
    49 24    b. (2)  Renewable fuel production facilities.  As
    49 25 used in this section, "renewable fuel" means an energy
    49 26 source which is derived from an organic compound
    49 27 capable of powering machinery, including an engine or
    49 28 power plant.
    49 29    (3)  Agricultural business facilities in the
    49 30 agricultural biotechnology industry, agricultural
    49 31 biomass industry, and alternative energy industry.
    49 32 For purposes of this subsection:
    49 33    (a)  "Agricultural biomass industry" means
    49 34 businesses that utilize agricultural commodity crops,
    49 35 agricultural by=products, or animal feedstock in the
    49 36 production of chemicals, protein products, or other
    49 37 high=value products.
    49 38    (b)  "Agricultural biotechnology industry" means
    49 39 businesses that utilize scientifically enhanced plants
    49 40 or animals that can be raised by producers and used in
    49 41 the production of high=value products.
    49 42    (c)  "Alternative energy industry" includes
    49 43 businesses involved in the production of ethanol,
    49 44 including gasoline with a mixture of seventy percent
    49 45 or more ethanol, biodiesel, biomass, hydrogen, or in
    49 46 the production of wind energy.
    49 47    (4)  Facilities that add value to Iowa agricultural
    49 48 commodities through further processing and development
    49 49 of organic products and emerging markets.
    49 50    (5)  Producer=owned, value=added businesses,
    50  1 education of producers and management boards in value=
    50  2 added businesses, and other activities that would
    50  3 support the infrastructure in the development of
    50  4 value=added agriculture.  Public and private joint
    50  5 ventures involving an institution of higher learning
    50  6 under the control of the state board of regents or a
    50  7 private college or university to acquire assets,
    50  8 research facilities, and leverage moneys in a manner
    50  9 that meets the goals of the grow Iowa fund.  For
    50 10 purposes of this subsection, "producer=owned, valued=
    50 11 added business" means a person who holds an equity
    50 12 interest in the agricultural business and is
    50 13 personally involved in the production of crops or
    50 14 livestock on a regular, continuous, and substantial
    50 15 basis.
    50 16    b.  Financial assistance awarded under this section
    50 17 may be in the form of a loan, loan guarantee, grant,
    50 18 production incentive payment, or a combination of
    50 19 financial assistance.  The department shall not award
    50 20 more than twenty=five percent of the amount allocated
    50 21 to the value=added agricultural products and processes
    50 22 financial assistance fund during any fiscal year to
    50 23 support a single person.  The department may finance
    50 24 any size of facility.  However, the department shall
    50 25 may reserve up to fifty percent of the total amount
    50 26 allocated to the fund, for purposes of assisting
    50 27 persons requiring one five hundred thousand dollars or
    50 28 less in financial assistance.  The amount shall be
    50 29 reserved until the end of the third quarter of the
    50 30 fiscal year.  The department shall not provide
    50 31 financial assistance to support a value=added
    50 32 production facility if the facility or a person owning
    50 33 a controlling interest in the facility has
    50 34 demonstrated a continuous and flagrant disregard for
    50 35 the health and safety of its employees or the quality
    50 36 of the environment.  Evidence of such disregard shall
    50 37 include a history of serious or uncorrected violations
    50 38 of state or federal law protecting occupational health
    50 39 and safety or the environment, including but not
    50 40 limited to serious or uncorrected violations of
    50 41 occupational safety and health standards enforced by
    50 42 the division of labor services of the department of
    50 43 workforce development pursuant to chapter 84A, or
    50 44 rules enforced by the  department of natural resources
    50 45 pursuant to chapter 455B or 459, subchapters II and
    50 46 III.
    50 47                      DIVISION VIII
    50 48                    ENDOW IOWA GRANTS
    50 49    Sec. 88.  NEW SECTION.  15E.301  SHORT TITLE.
    50 50    This division shall be known as and may be cited as
    51  1 the "Endow Iowa Program Act".
    51  2    Sec. 89.  NEW SECTION.  15E.302  PURPOSE.
    51  3    The purpose of this division is to enhance the
    51  4 quality of life for citizens of this state through
    51  5 increased philanthropic activity by providing capital
    51  6 to new and existing citizen groups of this state
    51  7 organized to establish endowment funds that will
    51  8 address community needs.  The purpose of this division
    51  9 is also to encourage individuals, businesses, and
    51 10 organizations to invest in community foundations.
    51 11    Sec. 90.  NEW SECTION.  15E.303  DEFINITIONS.
    51 12    As used in this division, unless the context
    51 13 otherwise requires:
    51 14    1.  "Board" means the governing board of the lead
    51 15 philanthropic entity identified by the department
    51 16 pursuant to section 15E.304.
    51 17    2.  "Business" means a business operating within
    51 18 the state and includes individuals operating a sole
    51 19 proprietorship or having rental, royalty, or farm
    51 20 income in this state and includes a consortium of
    51 21 businesses.
    51 22    3.  "Community affiliate organization" means a
    51 23 group of five or more community leaders or advocates
    51 24 organized for the purpose of increasing philanthropic
    51 25 activity in an identified community or geographic area
    51 26 in this state with the intention of establishing a
    51 27 community affiliate endowment fund.
    51 28    4.  "Endowment gift" means an irrevocable
    51 29 contribution to a permanent endowment held by a
    51 30 qualified community foundation.
    51 31    5.  "Lead philanthropic entity" means the entity
    51 32 identified by the department pursuant to section
    51 33 15E.304.
    51 34    6.  "Qualified community foundation" means a
    51 35 community foundation organized or operating in this
    51 36 state that meets or exceeds the national standards
    51 37 established by the national council on foundations.
    51 38    Sec. 91.  NEW SECTION.  15E.304  ENDOW IOWA GRANTS.
    51 39    1.  The department shall identify a lead
    51 40 philanthropic entity for purposes of encouraging the
    51 41 development of qualified community foundations in this
    51 42 state.  A lead philanthropic entity shall meet all of
    51 43 the following qualifications:
    51 44    a.  The entity shall be a nonprofit entity which is
    51 45 exempt from federal income taxation pursuant to
    51 46 section 501(c)(3) of the Internal Revenue Code.
    51 47    b.  The entity shall be a statewide organization
    51 48 with membership consisting of organizations, such as
    51 49 community, corporate, and private foundations, whose
    51 50 principal function is the making of grants within the
    52  1 state of Iowa.
    52  2    c.  The entity shall have a minimum of forty
    52  3 members and that membership shall include qualified
    52  4 community foundations.
    52  5    2.  A lead philanthropic entity may receive a grant
    52  6 from the department.  The board shall use the grant
    52  7 moneys to award endow Iowa grants to new and existing
    52  8 qualified community foundations and to community
    52  9 affiliate organizations that do all of the following:
    52 10    a.  Provide the board with all information required
    52 11 by the board.
    52 12    b.  Demonstrate a dollar=for=dollar funding match
    52 13 in a form approved by the board.
    52 14    c.  Identify a qualified community foundation to
    52 15 hold all funds.  A qualified community foundation
    52 16 shall not be required to meet this requirement.
    52 17    d.  Provide a plan to the board demonstrating the
    52 18 method for distributing grant moneys received from the
    52 19 board to organizations within the community or
    52 20 geographic area as defined by the qualified community
    52 21 foundation or the community affiliate organization.
    52 22    3.  Endow Iowa grants awarded to new and existing
    52 23 qualified community foundations and to community
    52 24 affiliate organizations shall not exceed twenty=five
    52 25 thousand dollars per foundation or organization unless
    52 26 a foundation or organization demonstrates a multiple
    52 27 county or regional approach.  Endow Iowa grants may be
    52 28 awarded on an annual basis with not more than three
    52 29 grants going to one county in a fiscal year.
    52 30    4.  In ranking applications for grants, the board
    52 31 shall consider a variety of factors including the
    52 32 following:
    52 33    a.  The demonstrated need for financial assistance.
    52 34    b.  The potential for future philanthropic activity
    52 35 in the area represented by or being considered for
    52 36 assistance.
    52 37    c.  The proportion of the funding match being
    52 38 provided.
    52 39    d.  For community affiliate organizations, the
    52 40 demonstrated need for the creation of a community
    52 41 affiliate endowment fund in the applicant's geographic
    52 42 area.
    52 43    e.  The identification of community needs and the
    52 44 manner in which additional funding will address those
    52 45 needs.
    52 46    f.  The geographic diversity of awards.
    52 47    5.  Of any moneys received by a lead philanthropic
    52 48 entity from the state, not more than five percent of
    52 49 such moneys shall be used by the entity for
    52 50 administrative purposes.
    53  1    Sec. 92.  NEW SECTION.  15E.306  REPORTS == AUDITS.
    53  2    By January 31 of each year, the lead philanthropic
    53  3 entity, in cooperation with the department, shall
    53  4 publish an annual report of the activities conducted
    53  5 pursuant to this division during the previous calendar
    53  6 year and shall submit the report to the governor and
    53  7 the general assembly.  The annual report shall include
    53  8 a listing of endowment funds and the amount of tax
    53  9 credits authorized by the department.
    53 10    Sec. 93.  EFFECTIVE AND RETROACTIVE APPLICABILITY
    53 11 DATES.  This division of this Act, being deemed of
    53 12 immediate importance, takes effect upon enactment and
    53 13 is retroactively applicable to January 1, 2003, for
    53 14 tax years beginning on or after that date.
    53 15                       DIVISION IX
    53 16              TECHNOLOGY TRANSFER ADVISORS
    53 17    Sec. 94.  NEW SECTION.  7.23  TECHNOLOGY TRANSFER
    53 18 ADVISOR.
    53 19    Two technology transfer advisors shall be appointed
    53 20 by the governor, serve at the pleasure of the
    53 21 governor, and be located at offices at the university
    53 22 of Iowa and Iowa state university of science and
    53 23 technology.  A technology transfer advisor is not a
    53 24 state agency and is not subject to chapter 17A.  A
    53 25 technology transfer advisor shall do all of the
    53 26 following:
    53 27    1.  Facilitate the transfer of technology developed
    53 28 at the university of Iowa, the university of northern
    53 29 Iowa, Iowa state university of science and technology,
    53 30 community colleges, and private colleges and
    53 31 universities.
    53 32    2.  Coordinate the technology transfer activities
    53 33 at each of the public and private universities to
    53 34 encourage the implementation of best practices in
    53 35 technology transfer, establish measures of
    53 36 performance, and design programs of continuous quality
    53 37 improvement for each technology transfer office.
    53 38    3.  Establish technology transfer goals for the
    53 39 state.
    53 40    4.  Provide technical assistance to Iowa=based
    53 41 entrepreneurs associated with or unrelated to the
    53 42 universities under the control of the state board of
    53 43 regents regarding technology transfer=related issues.
    53 44 The technical assistance shall include assistance in
    53 45 the areas of patents and licensing, business
    53 46 development and management, finance, production,
    53 47 sales, and marketing.
    53 48    5.  Receive the technology transfer=related report
    53 49 submitted by the state board of regents pursuant to
    53 50 section 262.9, subsection 31.
    54  1    6.  To ensure economic growth, serve as a
    54  2 coordinator between Iowa=based businesses and
    54  3 businesses intending to locate in Iowa.
    54  4    Sec. 95.  Section 15.108, Code 2003, is amended by
    54  5 adding the following new subsection:
    54  6    NEW SUBSECTION.  12.  TECHNOLOGY TRANSFER ADVISORS.
    54  7 The department shall cooperate with and provide
    54  8 staffing support to the technology transfer advisors
    54  9 appointed pursuant to section 7.23.
    54 10    Sec. 96.  Section 262.9, Code 2003, is amended by
    54 11 adding the following new subsections:
    54 12    NEW SUBSECTION.  29.  Actively encourage and
    54 13 promote the transfer of technology and research at
    54 14 universities under the control of the board to
    54 15 commercial application, including the start=up of
    54 16 business entities.
    54 17    NEW SUBSECTION.  30.  Give preference and technical
    54 18 support to those faculty members and staff members
    54 19 desiring to obtain licenses for intellectual property
    54 20 rights created in whole or in part by the faculty
    54 21 member or staff member.  However, such preference
    54 22 shall not be construed to be a right accruing to that
    54 23 faculty member or staff member.
    54 24    NEW SUBSECTION.  31.  By January 15 of each year,
    54 25 submit a report to the governor, through the
    54 26 technology transfer advisors, and the general assembly
    54 27 containing information from the previous calendar year
    54 28 regarding all of the following:
    54 29    a.  Patents secured or applied for by each
    54 30 university under the control of the board delineated
    54 31 by university and by faculty member and staff member
    54 32 responsible for the research or activity that resulted
    54 33 in the patent.  In the initial report filed by January
    54 34 15, 2004, the board shall include an inventory of
    54 35 patent portfolios with details concerning which
    54 36 patents are creating financial benefit and the amount
    54 37 of financial benefit and which patents are not
    54 38 creating financial benefit and the amount invested in
    54 39 those patents.
    54 40    b.  Research grants secured by each university
    54 41 under the control of the board from both public and
    54 42 private sources delineated by university and by
    54 43 faculty member and staff member.  The board shall also
    54 44 include the same information for grant applications
    54 45 that are denied.
    54 46    c.  The number of faculty members and staff members
    54 47 at each university under the control of the board
    54 48 involved in a start=up company.
    54 49    d.  The number of grant applications for research
    54 50 received by each university under the control of the
    55  1 board for start=up companies, the number of
    55  2 applications approved, and the number of applications
    55  3 denied.
    55  4    e.  The number of agreements entered into by
    55  5 faculty members and staff members at each university
    55  6 under the control of the board with foundations
    55  7 affiliated with the universities relating to business
    55  8 start=ups.
    55  9    f.  An accounting of the financial gain received by
    55 10 each university under the control of the board
    55 11 relating to patents sold, royalties received,
    55 12 licensing fees, and any other remuneration received by
    55 13 the university related to technology transfer.
    55 14    g.  The number of professional employees at each
    55 15 university under the control of the board who assist
    55 16 in the transfer of technology and research to
    55 17 commercial application.
    55 18                       DIVISION X
    55 19                IOWA ECONOMIC DEVELOPMENT
    55 20             LOAN AND CREDIT GUARANTEE FUND
    55 21    Sec. 97.  NEW SECTION.  15E.221  SHORT TITLE.
    55 22    This division shall be known and may be cited as
    55 23 the "Iowa Economic Development Loan and Credit
    55 24 Guarantee Fund Act".
    55 25    Sec. 98.  NEW SECTION.  15E.222  LEGISLATIVE
    55 26 FINDING == PURPOSES.
    55 27    1.  The general assembly finds all of the
    55 28 following:
    55 29    a.  That small and medium=sized businesses, in
    55 30 general, and certain targeted industry businesses and
    55 31 other qualified businesses, in particular, may not
    55 32 qualify for conventional financing.
    55 33    b.  That the limited availability of credit for
    55 34 export transactions limits the ability of small and
    55 35 medium=sized businesses in this state to compete in
    55 36 international markets.
    55 37    c.  That, to enhance competitiveness and foster
    55 38 economic development, this state must focus on growth
    55 39 in certain specific targeted industry businesses and
    55 40 other qualified businesses, especially during a time
    55 41 of war.
    55 42    d.  That the challenge for the public economic
    55 43 sector is to create an atmosphere conducive to
    55 44 economic growth, in conjunction with financial
    55 45 institutions in the private sector, which fill the
    55 46 gaps in credit availability and export finance, and
    55 47 that allow the private sector to identify the lending
    55 48 opportunities and foster decision making at the local
    55 49 level.
    55 50    2.  The general assembly declares the purposes of
    56  1 this division to be all of the following:
    56  2    a.  To create incentives and assistance to increase
    56  3 the flow of private capital to targeted industry
    56  4 businesses and other qualified businesses.
    56  5    b.  To promote industrial modernization and
    56  6 technology adoption.
    56  7    c.  To encourage the retention and creation of
    56  8 jobs.
    56  9    d.  To encourage the export of goods and services
    56 10 sold by Iowa businesses in national and international
    56 11 markets.
    56 12    Sec. 99.  NEW SECTION.  15E.223  DEFINITIONS.
    56 13    As used in this division, unless the context
    56 14 otherwise requires:
    56 15    1.  "Financial institution" means an institution
    56 16 listed in section 422.61, subsection 1, or such other
    56 17 financial institution as defined by the department for
    56 18 purposes of this division.
    56 19    2.  "Program" means the loan and credit guarantee
    56 20 program established in this division.
    56 21    3.  "Qualified business" means an existing or
    56 22 proposed business entity with an annual average number
    56 23 of employees not exceeding two hundred employees.
    56 24 "Qualified business" does not include businesses
    56 25 engaged primarily in retail sales, real estate, or the
    56 26 provision of health care or other professional
    56 27 services.  "Qualified business" includes professional
    56 28 services businesses that provide services to targeted
    56 29 industry businesses or other entities within and
    56 30 outside of this state.
    56 31    4.  "Targeted industry business" means an existing
    56 32 or proposed business entity, including an emerging
    56 33 small business or qualified business which is operated
    56 34 for profit and which has a primary business purpose of
    56 35 doing business in at least one of the targeted
    56 36 industries designated by the department which include
    56 37 life sciences, software and information technology,
    56 38 advanced manufacturing, value=added agriculture, and
    56 39 any other industry designated as a targeted industry
    56 40 by the loan and credit guarantee advisory board.
    56 41    Sec. 100.  NEW SECTION.  15E.224  LOAN AND CREDIT
    56 42 GUARANTEE PROGRAM.
    56 43    1.  The department shall, with the advice of the
    56 44 loan and credit guarantee advisory board, establish
    56 45 and administer a loan and credit guarantee program.
    56 46 The department, pursuant to agreements with financial
    56 47 institutions, shall provide loan and credit
    56 48 guarantees, or other forms of credit guarantees for
    56 49 qualified businesses and targeted industry businesses
    56 50 for eligible project costs.  A loan or credit
    57  1 guarantee provided under the program may stand alone
    57  2 or may be used in conjunction with or to enhance other
    57  3 loans or credit guarantees, offered by private, state,
    57  4 or federal entities.  However, the department shall
    57  5 not in any manner directly or indirectly pledge the
    57  6 credit of the state.  Eligible project costs include
    57  7 expenditures for productive equipment and machinery,
    57  8 working capital for operations and export
    57  9 transactions, research and development, marketing, and
    57 10 such other costs as the department may so designate.
    57 11    2.  A loan or credit guarantee or other form of
    57 12 credit guarantee provided under the program to a
    57 13 participating financial institution for a single
    57 14 qualified business or targeted industry business shall
    57 15 not exceed one million dollars in value.  Loan or
    57 16 credit guarantees or other forms of credit guarantees
    57 17 provided under the program to more than one
    57 18 participating financial institution for a single
    57 19 qualified business or targeted industry business shall
    57 20 not exceed ten million dollars in value.
    57 21    3.  In administering the program, the department
    57 22 shall consult and cooperate with financial
    57 23 institutions in this state and with the loan and
    57 24 credit guarantee advisory board.  Administrative
    57 25 procedures and application procedures, as practicable,
    57 26 shall be responsive to the needs of qualified
    57 27 businesses, targeted industry businesses, and
    57 28 financial institutions, and shall be consistent with
    57 29 prudent investment and lending practices and criteria.
    57 30    4.  Each participating financial institution shall
    57 31 identify and underwrite potential lending
    57 32 opportunities with qualified businesses and targeted
    57 33 industry businesses.  Upon a determination by a
    57 34 participating financial institution that a qualified
    57 35 business or targeted industry business meets the
    57 36 underwriting standards of the financial institution,
    57 37 subject to the approval of a loan or credit guarantee,
    57 38 the financial institution shall submit the
    57 39 underwriting information and a loan or credit
    57 40 guarantee application to the department.
    57 41    5.  The department, with the advice of the loan and
    57 42 credit guarantee advisory board, shall adopt a loan or
    57 43 credit guarantee application procedure for a financial
    57 44 institution on behalf of a qualified business or
    57 45 targeted industry business.
    57 46    6.  Upon approval of a loan or credit guarantee,
    57 47 the department shall enter into a loan or credit
    57 48 guarantee agreement with the participating financial
    57 49 institution.  The agreement shall specify all of the
    57 50 following:
    58  1    a.  The fee to be charged to the financial
    58  2 institution.
    58  3    b.  The evidence of debt assurance of, and security
    58  4 for, the loan or credit guarantee.
    58  5    c.  A loan or credit guarantee that does not exceed
    58  6 fifteen years.
    58  7    d.  Any other terms and conditions considered
    58  8 necessary or desirable by the department.
    58  9    7.  The department, with the advice of the loan and
    58 10 credit guarantee advisory board, may adopt loan and
    58 11 credit guarantee application procedures that allow a
    58 12 qualified business or targeted industry business to
    58 13 apply directly to the department for a preliminary
    58 14 guarantee commitment.  A preliminary guarantee
    58 15 commitment may be issued by the department subject to
    58 16 the qualified business or targeted industry business
    58 17 securing a commitment for financing from a financial
    58 18 institution.  The application procedures shall specify
    58 19 the process by which a financial institution may
    58 20 obtain a final loan and credit guarantee.
    58 21    Sec. 101.  NEW SECTION.  15E.225  TERMS == FEES.
    58 22    1.  When entering into a loan or credit guarantee
    58 23 agreement, the department, with the advice of the loan
    58 24 and credit guarantee advisory board, shall establish
    58 25 fees and other terms for participation in the program
    58 26 by qualified businesses and targeted industry
    58 27 businesses.
    58 28    2.  The department, with due regard for the
    58 29 possibility of losses and administrative costs and
    58 30 with the advice of the loan and credit guarantee
    58 31 advisory board, shall set fees and other terms at
    58 32 levels sufficient to assure that the program is self=
    58 33 financing.
    58 34    3.  For a preliminary guarantee commitment, the
    58 35 department may charge a qualified business or targeted
    58 36 industry business a preliminary guarantee commitment
    58 37 fee.  The application fee shall be in addition to any
    58 38 other fees charged by the department under this
    58 39 section and shall not exceed one thousand dollars for
    58 40 an application.
    58 41    Sec. 102.  NEW SECTION.  15E.226  LOAN AND CREDIT
    58 42 GUARANTEE ADVISORY BOARD.
    58 43    The department, in consultation with the
    58 44 superintendent of banking, shall establish a loan and
    58 45 credit guarantee advisory board.  The advisory board
    58 46 shall provide the department with technical advice
    58 47 regarding the administration of the program, including
    58 48 the adoption of administrative rules pursuant to
    58 49 chapter 17A.  The advisory board shall review and
    58 50 provide recommendations regarding all applications
    59  1 under the program.  Members of the advisory board are
    59  2 entitled to receive reimbursement for actual expenses
    59  3 incurred while engaged in the performance of official
    59  4 duties.  Advisory board members may also be eligible
    59  5 to receive compensation as provided in section 7E.6.
    59  6 The director of the department shall budget moneys to
    59  7 pay the compensation and expenses of the advisory
    59  8 board.  The provisions of this section relating to the
    59  9 adoption of administrative rules shall be construed
    59 10 narrowly.
    59 11                       DIVISION XI
    59 12   ECONOMIC DEVELOPMENT ASSISTANCE AND DATA COLLECTION
    59 13    Sec. 103.  NEW SECTION.  15E.118  BUSINESS START=UP
    59 14 INFORMATION == INTERNET WEB SITE.
    59 15    The department shall provide information through an
    59 16 internet web site and a toll=free telephone service to
    59 17 assist persons interested in establishing a commercial
    59 18 facility or engaging in a commercial activity.  The
    59 19 information shall include all of the following:
    59 20    1.  Assistance, information, and guidance for
    59 21 start=up businesses.
    59 22    2.  Information gathered by the department pursuant
    59 23 to section 15E.17, subsection 2.
    59 24    3.  Personal and corporate income tax information.
    59 25    4.  Information regarding financial assistance and
    59 26 incentives available to businesses.
    59 27    5.  Workforce availability in the state presented
    59 28 in a regional format.
    59 29    Sec. 104.  NEW SECTION.  15E.119  ECONOMIC
    59 30 DEVELOPMENT=RELATED DATA COLLECTION.
    59 31    1.  The department shall interview any business
    59 32 that considered locating in Iowa but decided to locate
    59 33 elsewhere.  The department shall attempt to determine
    59 34 factors that affected the location decision of the
    59 35 business.
    59 36    2.  The department shall interview any business
    59 37 that closes major operations in the state or dissolves
    59 38 the business's corporate status in an effort to
    59 39 identify factors that led to the closure or
    59 40 dissolution.
    59 41    3.  By January 15 of each year, the department
    59 42 shall submit a written report to the general assembly
    59 43 that summarizes the information collected pursuant to
    59 44 this section and provides suggested amendments to the
    59 45 Code of Iowa and the Iowa administrative code designed
    59 46 to stimulate and expand the state's economy.
    59 47    Sec. 105.  INTERNET WEB SITE DEVELOPMENT.  In
    59 48 developing the internet web site required in section
    59 49 15E.118, the department of economic development shall
    59 50 examine similar efforts in other states and
    60  1 incorporate the best practices.
    60  2                      DIVISION XII
    60  3          CULTURAL AND ENTERTAINMENT DISTRICTS
    60  4    Sec. 106.  NEW SECTION.  303.3B  CULTURAL AND
    60  5 ENTERTAINMENT DISTRICTS.
    60  6    1.  The department of cultural affairs shall
    60  7 establish and administer a cultural and entertainment
    60  8 district certification program.  The program shall
    60  9 encourage the growth of communities through the
    60 10 development of areas within a city or county for
    60 11 public and private uses related to cultural and
    60 12 entertainment purposes.
    60 13    2.  A city or county may create and designate a
    60 14 cultural and entertainment district subject to
    60 15 certification by the department of cultural affairs,
    60 16 in consultation with the department of economic
    60 17 development.  A cultural and entertainment district
    60 18 shall consist of a geographic area not exceeding one
    60 19 square mile in size.  A cultural and entertainment
    60 20 district certification shall remain in effect for ten
    60 21 years following the date of certification.  Two or
    60 22 more cities or counties may apply jointly for
    60 23 certification of a district that extends across a
    60 24 common boundary.  Through the adoption of
    60 25 administrative rules, the department of cultural
    60 26 affairs shall develop a certification application for
    60 27 use in the certification process.  The provisions of
    60 28 this subsection relating to the adoption of
    60 29 administrative rules shall be construed narrowly.
    60 30    3.  The department of cultural affairs shall
    60 31 encourage development projects and activities located
    60 32 in certified cultural and entertainment districts
    60 33 through incentives under cultural grant programs
    60 34 pursuant to section 303.3, chapter 303A, and any other
    60 35 grant programs.
    60 36                      DIVISION XIII
    60 37                    WORKFORCE ISSUES
    60 38    Sec. 107.  NEW SECTION.  15A.10  JOB RETENTION ==
    60 39 INCENTIVES.
    60 40    1.  In order to assure the retention of existing
    60 41 jobs that would otherwise be lost, the director of the
    60 42 department of economic development may authorize
    60 43 incentives and assistance provided to a business under
    60 44 this section for a period not to exceed ten years upon
    60 45 finding the following:
    60 46    a.  The business currently employing, at one place
    60 47 of business, at least one thousand employees is likely
    60 48 to close or substantially reduce employment.
    60 49    b.  The business agrees to remain in the state for
    60 50 at least ten years and invest at least fifteen million
    61  1 dollars to retool or upgrade facilities.
    61  2    2.  Incentives and assistance that may be
    61  3 authorized by the director include any of the
    61  4 following:
    61  5    a.  New jobs credit from withholding, as provided
    61  6 in section 15.331.
    61  7    b.  Sales, services, and use tax refund, as
    61  8 provided in section 15.331A.
    61  9    c.  Investment tax credit, as provided in section
    61 10 15.333.
    61 11    d.  Research activities tax credit, as provided in
    61 12 section 15.335.
    61 13    3.  A business shall enter into an agreement with
    61 14 the department and the city or county specifying the
    61 15 terms and conditions that must be met in exchange for
    61 16 the incentives and assistance authorized in this
    61 17 section.  The agreement shall specify how the
    61 18 incentives will be repaid in the event the business
    61 19 fails to meet or maintain the terms and conditions of
    61 20 the agreement.
    61 21                      DIVISION XIV
    61 22      UNIVERSITY=BASED RESEARCH UTILIZATION PROGRAM
    61 23    Sec. 108.  NEW SECTION.  262B.11  UNIVERSITY=BASED
    61 24 RESEARCH UTILIZATION PROGRAM.
    61 25    1.  The department of economic development shall
    61 26 establish and administer a university=based research
    61 27 utilization program for purposes of encouraging the
    61 28 utilization of university=based research, primarily in
    61 29 the area of high technology, in new or existing
    61 30 businesses.  The program shall include the three
    61 31 universities under the control of the state board of
    61 32 regents and all accredited private universities
    61 33 located in the state.
    61 34    2.  A new or existing business that utilizes a
    61 35 technology developed by an employee at a university
    61 36 under the control of the state board of regents may
    61 37 apply to the department of economic development for
    61 38 approval to participate in the university=based
    61 39 research utilization program.  The department shall
    61 40 approve an applicant if the applicant meets all of the
    61 41 following criteria:
    61 42    a.  The applicant utilizes a technology developed
    61 43 by an employee at a university under the control of
    61 44 the state board of regents, provided that the
    61 45 technology has received a patent after the effective
    61 46 date of this Act.  If the applicant has been in
    61 47 existence more than one year prior to applying, the
    61 48 applicant shall organize a separate company to utilize
    61 49 the technology.  For purposes of this section, the
    61 50 separate company shall be considered the applicant
    62  1 and, if approved, the approved business.
    62  2    b.  The applicant develops a five=year business
    62  3 plan approved by the department.  The plan shall
    62  4 include information concerning the applicant's Iowa
    62  5 employment goals and projected impact on the Iowa
    62  6 economy.  The department shall only approve plans
    62  7 showing sufficient potential impact on Iowa employment
    62  8 and economic development.
    62  9    c.  The applicant meets a minimum=size business
    62 10 standard determined by the department.
    62 11    d.  The applicant provides annual reports to the
    62 12 department that include employment statistics for the
    62 13 applicant and the total taxable wages paid to Iowa
    62 14 employees and reported to the department of revenue
    62 15 and finance pursuant to section 422.16.
    62 16    3.  A business approved under the program and the
    62 17 university employee responsible for the development of
    62 18 the technology utilized by the approved business shall
    62 19 be eligible for a tax credit.  The credit shall be
    62 20 allowed against the taxes imposed in chapter 422,
    62 21 divisions II and III.  An individual may claim a tax
    62 22 credit under this section of a partnership, limited
    62 23 liability company, S corporation, estate, or trust
    62 24 electing to have income taxed directly to the
    62 25 individual.  The amount claimed by the individual
    62 26 shall be based upon the pro rata share of the
    62 27 individual's earnings from the partnership, limited
    62 28 liability company, S corporation, estate, or trust.  A
    62 29 tax credit shall not be claimed under this subsection
    62 30 unless a tax credit certificate issued by the
    62 31 department of economic development is attached to the
    62 32 taxpayer's tax return for the tax year for which the
    62 33 tax credit is claimed.  The amount of a tax credit
    62 34 allowed under this subsection shall equal the amount
    62 35 listed on a tax credit certificate issued by the
    62 36 department of economic development pursuant to
    62 37 subsection 4.  A tax credit certificate shall not be
    62 38 transferable.  Any tax credit in excess of the
    62 39 taxpayer's liability for the tax year may be credited
    62 40 to the taxpayer's tax liability for the following five
    62 41 years or until depleted, whichever occurs first.  A
    62 42 tax credit shall not be carried back to a tax year
    62 43 prior to the tax year in which the taxpayer redeems
    62 44 the tax credit.
    62 45    4.  For the five tax years following the tax year
    62 46 in which a business is approved under the program, the
    62 47 department of revenue and finance shall provide the
    62 48 department of economic development with information
    62 49 required by the department of economic development
    62 50 from each tax return filed by the approved business.
    63  1 Upon receiving the tax return=related information, the
    63  2 department of economic development shall do all of the
    63  3 following:
    63  4    a.  Review the information provided by the
    63  5 department of revenue and finance pursuant to this
    63  6 subsection and the annual report submitted by the
    63  7 applicant pursuant to subsection 2, paragraph "d".  If
    63  8 the department determines that the business activities
    63  9 of the applicant are not providing the benefits to
    63 10 Iowa employment and economic development projected in
    63 11 the applicant's approved five=year business plan, the
    63 12 department shall not issue tax credit certificates for
    63 13 that year to the applicant or university employee and
    63 14 shall determine any related university share to be
    63 15 equal to zero for that year.
    63 16    b.  Effective for the fiscal year beginning July 1,
    63 17 2004, and for subsequent fiscal years, issue a tax
    63 18 credit certificate to the approved business and the
    63 19 university employee responsible for the development of
    63 20 the technology utilized by the approved business in an
    63 21 amount determined pursuant to subsection 5.  A tax
    63 22 credit certificate shall contain the taxpayer's name,
    63 23 address, tax identification number, the amount of the
    63 24 tax credit, and other information required by the
    63 25 department of revenue and finance.
    63 26    c.  (1)  Determine the university share which is
    63 27 equal to the value of thirty percent of the tax
    63 28 liability of the approved business for purposes of
    63 29 making an appropriation pursuant to section 262B.12,
    63 30 if enacted by 2003 Iowa Acts, House File 683 or
    63 31 another Act, to the university where the technology
    63 32 utilized by the approved business was developed.  A
    63 33 university share shall not exceed two hundred twenty=
    63 34 five thousand dollars per year per technology
    63 35 utilized.  For each technology utilized, the aggregate
    63 36 university share over a five=year period shall not
    63 37 exceed six hundred thousand dollars.
    63 38    (2)  The department shall maintain records for each
    63 39 university during each fiscal year regarding the
    63 40 university share each university is entitled to
    63 41 receive through the appropriation in section 262B.12,
    63 42 if enacted by 2003 Iowa Acts, House File 683 or
    63 43 another Act.  A university shall be entitled to
    63 44 receive the total university share for that particular
    63 45 university during the previous fiscal year.
    63 46    d.  For the fiscal year beginning July 1, 2004, not
    63 47 more than two million dollars worth of certificates
    63 48 shall be issued pursuant to paragraph "b".  For the
    63 49 fiscal year beginning July 1, 2005, and every fiscal
    63 50 year thereafter, not more than ten million dollars
    64  1 worth of certificates shall be issued pursuant to
    64  2 paragraph "b".
    64  3    5.  The tax credit certificates issued by the
    64  4 department for each of the five years following the
    64  5 tax year in which the business is approved under the
    64  6 program shall be for the following amounts:
    64  7    a.  For the approved business, the value of the tax
    64  8 credit certificate shall equal thirty percent of the
    64  9 tax liability of the approved business.  The value of
    64 10 a certificate issued to an approved business shall not
    64 11 exceed two hundred twenty=five thousand dollars.  The
    64 12 total aggregate value of certificates issued over a
    64 13 five=year period to an approved business shall not
    64 14 exceed six hundred thousand dollars.
    64 15    b.  For the university employee responsible for the
    64 16 development of the technology utilized by the approved
    64 17 business, the value of the tax credit certificate
    64 18 shall equal ten percent of the tax liability of the
    64 19 approved business.  If more than one employee is
    64 20 responsible for the development of the technology, the
    64 21 value equal to ten percent of the tax liability of the
    64 22 approved business shall be divided equally and
    64 23 individual tax credit certificates shall be issued to
    64 24 each employee responsible for the development of the
    64 25 technology.  Each year, the total value of a
    64 26 certificate or certificates issued for a utilized
    64 27 technology shall not exceed seventy=five thousand
    64 28 dollars.  For each technology utilized, the total
    64 29 aggregate value of certificates issued over a five=
    64 30 year period to the university employee responsible for
    64 31 the development of the technology shall not exceed two
    64 32 hundred thousand dollars.
    64 33    6.  The department of economic development shall
    64 34 notify the department of revenue and finance when a
    64 35 tax credit certificate is issued pursuant to
    64 36 subsection 4.  The notification shall include the name
    64 37 and tax identification number appearing on any tax
    64 38 credit certificate.
    64 39    Sec. 109.  NEW SECTION.  422.11H  UNIVERSITY=BASED
    64 40 RESEARCH UTILIZATION PROGRAM TAX CREDIT.
    64 41    The taxes imposed under this division, less the
    64 42 credits allowed under sections 422.12 and 422.12B,
    64 43 shall be reduced by a university=based research
    64 44 utilization program tax credit authorized pursuant to
    64 45 section 262B.11.
    64 46    Sec. 110.  Section 422.33, Code 2003, is amended by
    64 47 adding the following new subsection:
    64 48    NEW SUBSECTION.  14.  The taxes imposed under this
    64 49 division shall be reduced by a university=based
    64 50 research utilization program tax credit authorized
    65  1 pursuant to section 262B.11.
    65  2                       DIVISION XV
    65  3                      FUTURE REPEAL
    65  4    Sec. 111.  The divisions of this Act designated the
    65  5 grow Iowa board and fund, the value=added agricultural
    65  6 products and processes financial assistance program,
    65  7 the endow Iowa grants, the technology transfer
    65  8 advisors, the Iowa economic development loan and
    65  9 credit guarantee fund, the economic development
    65 10 assistance and data collection, the cultural and
    65 11 entertainment districts, the workforce issues, and the
    65 12 university=based research utilization program, are
    65 13 repealed effective June 30, 2010.
    65 14                      DIVISION XVI
    65 15                    LIABILITY REFORM
    65 16    Sec. 112.  Section 668.12, Code 2003, is amended to
    65 17 read as follows:
    65 18    668.12  LIABILITY FOR PRODUCTS == STATE OF THE ART
    65 19 DEFENSE DEFENSES.
    65 20    1.  In any action brought pursuant to this chapter
    65 21 against an assembler, designer, supplier of
    65 22 specifications, distributor, manufacturer, or seller
    65 23 for damages arising from an alleged defect in the
    65 24 design, testing, manufacturing, formulation,
    65 25 packaging, warning, or labeling of a product, a
    65 26 percentage of fault shall not be assigned to such
    65 27 persons if they plead and prove that the product
    65 28 conformed to the state of the art in existence at the
    65 29 time the product was designed, tested, manufactured,
    65 30 formulated, packaged, provided with a warning, or
    65 31 labeled.
    65 32    2.  Nothing contained in this section subsection 1
    65 33 shall diminish the duty of an assembler, designer,
    65 34 supplier of specifications, distributor, manufacturer
    65 35 or seller to warn concerning subsequently acquired
    65 36 knowledge of a defect or dangerous condition that
    65 37 would render the product unreasonably dangerous for
    65 38 its foreseeable use or diminish the liability for
    65 39 failure to so warn.
    65 40    3.  An assembler, designer, supplier of
    65 41 specifications, distributor, manufacturer, or seller
    65 42 shall not be subject to liability under a theory of
    65 43 civil conspiracy unless the person knowingly and
    65 44 voluntarily entered into an agreement, express or
    65 45 implied, to participate in a common plan with the
    65 46 intent to commit a tortious act upon another.  Mere
    65 47 membership in a trade or industrial association or
    65 48 group is not, in and of itself, evidence of such an
    65 49 agreement.
    65 50    Sec. 113.  Section 668A.1, subsection 1, Code 2003,
    66  1 is amended to read as follows:
    66  2    1.  In a trial of a claim involving the request for
    66  3 punitive or exemplary damages, the court shall
    66  4 instruct the jury to answer special interrogatories
    66  5 or, if there is no jury, shall make findings,
    66  6 indicating all of the following:
    66  7    a.  Whether, by a preponderance of clear,
    66  8 convincing, and satisfactory evidence, the conduct of
    66  9 the defendant from which the claim arose constituted
    66 10 willful and wanton disregard for the rights or safety
    66 11 of another.
    66 12    b.  Whether the conduct of the defendant was
    66 13 directed specifically at the claimant, or at the
    66 14 person from which the claimant's claim is derived.
    66 15    b.  Whether, by a preponderance of clear and
    66 16 convincing evidence, the conduct of the defendant from
    66 17 which the claim arose constituted actual malice.
    66 18    Sec. 114.  NEW SECTION.  668A.2  DEFINITIONS.
    66 19    As used in this chapter, the following terms shall
    66 20 have the following meanings:
    66 21    1.  "Clear and convincing evidence" means evidence
    66 22 which leaves no serious or substantial doubt about the
    66 23 correctness of the conclusions drawn from the
    66 24 evidence.  It is more than a preponderance of
    66 25 evidence, but less than beyond a reasonable doubt.
    66 26    2.  "Malice" means either conduct which is
    66 27 specifically intended by the defendant to cause
    66 28 tangible or intangible serious injury to the plaintiff
    66 29 or conduct that is carried out by the defendant both
    66 30 with a flagrant indifference to the rights of the
    66 31 plaintiff and with a subjective awareness that such
    66 32 conduct will result in tangible serious injury.
    66 33    Sec. 115.  NEW SECTION.  668A.3  AWARD OF PUNITIVE
    66 34 OR EXEMPLARY DAMAGES == PROOF == STANDARD.
    66 35    Punitive or exemplary damages shall only be awarded
    66 36 where the plaintiff proves by clear and convincing
    66 37 evidence that the plaintiff's harm was the result of
    66 38 actual malice.  This burden of proof shall not be
    66 39 satisfied by proof of any degree of negligence,
    66 40 including gross negligence.
    66 41    Sec. 116.  APPLICABILITY.  This division of this
    66 42 Act, relating to liability reform, applies to cases
    66 43 filed on or after July 1, 2003.
    66 44                      DIVISION XVII
    66 45                  WORKERS' COMPENSATION
    66 46    Sec. 117.  Section 85.34, subsection 2, unnumbered
    66 47 paragraph 1, Code 2003, is amended to read as follows:
    66 48    Compensation for permanent partial disability shall
    66 49 begin at the termination of the healing period
    66 50 provided in subsection 1.  The compensation shall be
    67  1 in addition to the benefits provided by sections 85.27
    67  2 and 85.28.  The compensation shall be based only upon
    67  3 the extent of the disability related to the injury
    67  4 received and upon the basis of eighty percent per week
    67  5 of the employee's average spendable weekly earnings,
    67  6 but not more than a weekly benefit amount, rounded to
    67  7 the nearest dollar, equal to one hundred eighty=four
    67  8 percent of the statewide average weekly wage paid
    67  9 employees as determined by the department of workforce
    67 10 development under section 96.19, subsection 36, and in
    67 11 effect at the time of the injury.  The minimum weekly
    67 12 benefit amount shall be equal to the weekly benefit
    67 13 amount of a person whose gross weekly earnings are
    67 14 thirty=five percent of the statewide average weekly
    67 15 wage.  For all cases of permanent partial disability
    67 16 compensation shall be paid as follows:
    67 17    Sec. 118.  Section 85.34, subsection 2, paragraph
    67 18 u, Code 2003, is amended by adding the following new
    67 19 unnumbered paragraph after unnumbered paragraph 2 as
    67 20 follows:
    67 21    NEW UNNUMBERED PARAGRAPH.  When an employee makes a
    67 22 claim for benefits under this subsection, the employer
    67 23 is not liable for that portion of the employee's
    67 24 present disability caused by a prior work=related
    67 25 injury or illness that was sustained by the employee
    67 26 while the employee was employed by a different
    67 27 employer.  When an employee's present disability
    67 28 includes disability caused by a prior work=related
    67 29 injury or illness that was sustained by the employee
    67 30 while in the employ of the same employer, the employer
    67 31 is liable for compensating all of the employee's work=
    67 32 related disability sustained by the employee while in
    67 33 the employ of the employer, except that any portion of
    67 34 the disability that was previously compensated by the
    67 35 employer shall be deducted from the employer's
    67 36 obligation to pay benefits for the employee's present
    67 37 disability.  If an employee's present disability is
    67 38 reduced by a portion of disability sustained from
    67 39 prior work=related injuries or illnesses for which the
    67 40 employee has already been compensated by the same
    67 41 employer, then the employee shall receive compensation
    67 42 for the remaining disability caused by the present
    67 43 work=related injury or illness plus an additional ten
    67 44 percent of the amount of the increase in disability.
    67 45    Sec. 119.  APPLICABILITY.  This division of this
    67 46 Act, relating to workers' compensation, applies to an
    67 47 injury occurring on or after July 1, 2003.
    67 48                     DIVISION XVIII
    67 49                   FINANCIAL SERVICES
    67 50    Sec. 120.  Section 537.2502, subsections 3 and 6,
    68  1 Code 2003, are amended to read as follows:
    68  2    3.  A delinquency charge shall not be collected
    68  3 under subsection 1, paragraph "a", on an installment
    68  4 which that is paid in full within ten days after its
    68  5 scheduled or deferred installment due date even though
    68  6 an earlier maturing installment or a delinquency or
    68  7 deferral charge on an earlier installment may not have
    68  8 been paid in full.  For purposes of this subsection,
    68  9 payments associated with a precomputed transaction are
    68 10 applied first to current installments and then to
    68 11 delinquent installments.
    68 12    6.  A delinquency charge shall not be collected
    68 13 under subsection 4 on a payment which associated with
    68 14 a precomputed transaction that is paid in full on or
    68 15 before its scheduled or deferred due date even though
    68 16 an earlier maturing payment or a delinquency or
    68 17 deferred charge on an earlier payment has not been
    68 18 paid in full.  For purposes of this subsection,
    68 19 payments are applied first to amounts due for the
    68 20 current billing cycle and then to delinquent payments.
    68 21    Sec. 121.  Section 537.2601, subsection 1, Code
    68 22 2003, is amended to read as follows:
    68 23    1.  Except as provided in subsection 2, with With
    68 24 respect to a credit transaction other than a consumer
    68 25 credit transaction, the parties may contract for the
    68 26 payment by the debtor of any finance or other charge
    68 27 as permitted by law.  Except with respect to debt
    68 28 obligations issued by a government, governmental
    68 29 agency or instrumentality, in calculating any finance
    68 30 charge contracted for, any month may be counted as
    68 31 one=twelfth of a year, but a day is to be counted as
    68 32 one three=hundred sixty=fifth of a year.
    68 33                      DIVISION XIX
    68 34           UNEMPLOYMENT COMPENSATION SURCHARGE
    68 35    Sec. 122.  Section 96.7, subsection 12, paragraph
    68 36 a, Code 2003, is amended to read as follows:
    68 37    a.  An employer other than a governmental entity or
    68 38 a nonprofit organization, subject to this chapter,
    68 39 shall pay an administrative contribution surcharge
    68 40 equal in amount to one=tenth of one percent of federal
    68 41 taxable wages, as defined in section 96.19, subsection
    68 42 37, paragraph "b", subject to the surcharge formula to
    68 43 be developed by the department under this paragraph.
    68 44 The department shall develop a surcharge formula that
    68 45 provides a target revenue level of no greater than six
    68 46 million five hundred twenty=five thousand dollars
    68 47 annually for calendar years 2003, 2004, and 2005 and a
    68 48 target revenue level of no greater than three million
    68 49 two hundred sixty=two thousand five hundred dollars
    68 50 for calendar year 2006 and each subsequent calendar
    69  1 year.  The department shall reduce the administrative
    69  2 contribution surcharge established for any calendar
    69  3 year proportionate to any federal government funding
    69  4 that provides an increased allocation of moneys for
    69  5 workforce development offices, under the federal
    69  6 employment services financing reform legislation.  Any
    69  7 administrative contribution surcharge revenue that is
    69  8 collected in calendar year 2002 2003, 2004, or 2005 in
    69  9 excess of six million five hundred twenty=five
    69 10 thousand dollars or in calendar year 2006 or a
    69 11 subsequent calendar year in excess of three million
    69 12 two hundred sixty=two thousand five hundred dollars
    69 13 shall be deducted from the amount to be collected in
    69 14 the subsequent calendar year 2003 before the
    69 15 department establishes the administrative contribution
    69 16 surcharge.  The department shall recompute the amount
    69 17 as a percentage of taxable wages, as defined in
    69 18 section 96.19, subsection 37, and shall add the
    69 19 percentage surcharge to the employer's contribution
    69 20 rate determined under this section.  The percentage
    69 21 surcharge shall be capped at a maximum of seven
    69 22 dollars per employee.  The department shall adopt
    69 23 rules prescribing the manner in which the surcharge
    69 24 will be collected.  Interest shall accrue on all
    69 25 unpaid surcharges under this subsection at the same
    69 26 rate as on regular contributions and shall be
    69 27 collectible in the same manner.  Interest accrued and
    69 28 collected under this paragraph and interest earned and
    69 29 credited to the fund under paragraph "b" shall be used
    69 30 by the department only for the purposes set forth in
    69 31 paragraph "c".
    69 32    Sec. 123.  Section 96.7, subsection 12, paragraph
    69 33 d, Code 2003, is amended to read as follows:
    69 34    d.  This subsection is repealed July 1, 2003 2006,
    69 35 and the repeal is applicable to contribution rates for
    69 36 calendar year 2004 2007 and subsequent calendar years.
    69 37    Sec. 124.  EFFECTIVE DATE.  This division of this
    69 38 Act, concerning the unemployment compensation
    69 39 surcharge, being deemed of immediate importance, takes
    69 40 effect upon enactment.
    69 41                       DIVISION XX
    69 42                  ECONOMIC DEVELOPMENT
    69 43    Sec. 125.  NEW SECTION.  15E.18  CITIES, COUNTIES,
    69 44 AND REGIONS == SITE PREPARATION FOR TARGETED ECONOMIC
    69 45 DEVELOPMENT.
    69 46    1.  For purposes of this section, "region" means a
    69 47 group of two or more contiguous counties that
    69 48 establishes a single, focused economic development
    69 49 effort.
    69 50    2.  A city, county, or region, subject to the
    70  1 approval of the property owner, may designate an area
    70  2 within the boundaries of the city, county, or region
    70  3 for a specific type of targeted economic development.
    70  4 The specific type of targeted economic development
    70  5 shall be one of the following:
    70  6    a.  Manufacturing.
    70  7    b.  Light industrial.
    70  8    c.  Warehouse and distribution.
    70  9    d.  Office parks.
    70 10    e.  Business and commerce parks.
    70 11    f.  Research and development.
    70 12    3.  A city, county, or region that designates an
    70 13 area for a specific type of targeted economic
    70 14 development may apply to the department for purposes
    70 15 of certifying the area as a preapproved development
    70 16 site.  The department shall develop criteria for the
    70 17 certification process.
    70 18    4.  Prior to a specific project being developed, a
    70 19 city, county, or region designating the area for
    70 20 targeted economic development pursuant to this section
    70 21 may apply for and obtain appropriate licenses,
    70 22 permits, and approvals for the type of targeted
    70 23 economic development project desired for the area.
    70 24    Sec. 126.  NEW SECTION.  15E.19  REGULATORY
    70 25 ASSISTANCE.
    70 26    1.  The department of economic development shall
    70 27 coordinate all regulatory assistance for the state of
    70 28 Iowa.  Each state agency with regulatory programs for
    70 29 business shall maintain a coordinator within the
    70 30 office of the director or the administrative division
    70 31 of the state agency.  Each coordinator shall do all of
    70 32 the following:
    70 33    a.  Serve as the department of economic
    70 34 development's primary contact for regulatory affairs.
    70 35    b.  Provide regulatory requirements to businesses
    70 36 and represent the agency in the private sector.
    70 37    c.  Monitor permit applications and provide timely
    70 38 permit status information to the department of
    70 39 economic development.
    70 40    d.  Have the ability to require regulatory staff
    70 41 participation in negotiations and discussions with
    70 42 businesses.
    70 43    e.  Notify the department of economic development
    70 44 regarding proposed rulemaking activities that impact a
    70 45 regulatory program and any subsequent changes to a
    70 46 regulatory program.
    70 47    2.  The department of economic development shall,
    70 48 in consultation with the coordinators described in
    70 49 this section, examine, and to the extent permissible,
    70 50 assist in the implementation of methods, including the
    71  1 possible establishment of an electronic database, to
    71  2 streamline the process for issuing permits to
    71  3 business.
    71  4    3.  By January 15 of each year, the department of
    71  5 economic development shall submit a written report to
    71  6 the general assembly regarding the provision of
    71  7 regulatory assistance by state agencies, including the
    71  8 department's efforts, and its recommendations and
    71  9 proposed solutions, to streamline the process of
    71 10 issuing permits to business.
    71 11    Sec. 127.  NEW SECTION.  15E.20  PERMIT APPROVAL
    71 12 REQUIREMENTS.
    71 13    A state agency which requires a permit, license, or
    71 14 other regulatory approval shall issue or deny the
    71 15 permit, license, or other regulatory approval within
    71 16 ninety days of the receipt by the state agency of an
    71 17 application.  Unless such a state agency communicates
    71 18 any concerns to or requests additional information
    71 19 from an applicant within ten days of the receipt of
    71 20 the application, the application shall be considered
    71 21 complete.  A permit, license, or other regulatory
    71 22 approval not issued or denied within the ninety days
    71 23 shall be deemed to be issued and valid.
    71 24                      DIVISION XXI
    71 25               UTILITY SALES TAX EXEMPTION
    71 26    Sec. 128.  Section 422.45, subsection 61, paragraph
    71 27 b, subparagraphs (2), (3), (4), and (5), Code 2003,
    71 28 are amended to read as follows:
    71 29    (2)  If the date of the utility billing or meter
    71 30 reading cycle of the residential customer for the
    71 31 sale, furnishing, or service of metered gas and
    71 32 electricity is on or after January 1, 2003, through
    71 33 December 31, 2003 June 30, 2008, or if the sale,
    71 34 furnishing, or service of fuel for purposes of
    71 35 residential energy and the delivery of the fuel occurs
    71 36 on or after January 1, 2003, through December 31, 2003
    71 37 June 30, 2008, the rate of tax is three percent of the
    71 38 gross receipts.
    71 39    (3)  If the date of the utility billing or meter
    71 40 reading cycle of the residential customer for the
    71 41 sale, furnishing, or service of metered gas and
    71 42 electricity is on or after January 1, 2004 July 1,
    71 43 2008, through December 31, 2004 June 30, 2009, or if
    71 44 the sale, furnishing, or service of fuel for purposes
    71 45 of residential energy and the delivery of the fuel
    71 46 occurs on or after January 1, 2004 July 1, 2008,
    71 47 through December 31, 2004 June 30, 2009, the rate of
    71 48 tax is two percent of the gross receipts.
    71 49    (4)  If the date of the utility billing or meter
    71 50 reading cycle of the residential customer for the
    72  1 sale, furnishing, or service of metered gas and
    72  2 electricity is on or after January 1, 2005 July 1,
    72  3 2009, through December 31, 2005 June 30, 2010, or if
    72  4 the sale, furnishing, or service of fuel for purposes
    72  5 of residential energy and the delivery of the fuel
    72  6 occurs on or after January 1, 2005 July 1, 2009,
    72  7 through December 31, 2005 June 30, 2010, the rate of
    72  8 tax is one percent of the gross receipts.
    72  9    (5)  If the date of the utility billing or meter
    72 10 reading cycle of the residential customer for the
    72 11 sale, furnishing, or service of metered gas and
    72 12 electricity is on or after January 1, 2006 July 1,
    72 13 2010, or if the sale, furnishing, or service of fuel
    72 14 for purposes of residential energy and the delivery of
    72 15 the fuel occurs on or after January 1, 2006 July 1,
    72 16 2010, the rate of tax is zero percent of the gross
    72 17 receipts.
    72 18                      DIVISION XXII
    72 19     STATE ASSISTANCE FOR EDUCATIONAL INFRASTRUCTURE
    72 20    Sec. 129.  NEW SECTION.  292A.1  DEFINITIONS.
    72 21    As used in this chapter, unless the context
    72 22 otherwise requires:
    72 23    1.  "Capacity per pupil" means the sum of a school
    72 24 district's property tax infrastructure capacity per
    72 25 pupil and the sales tax capacity per pupil.
    72 26    2.  "Committee" means the school budget review
    72 27 committee established in section 257.30.
    72 28    3.  "Department" means the department of education
    72 29 established in section 256.1.
    72 30    4.  "Fund" means the state assistance for
    72 31 educational infrastructure fund created in section
    72 32 292A.3.
    72 33    5.  "Local match percentage" means a percentage
    72 34 equivalent to either of the following, whichever is
    72 35 less:
    72 36    a.  Fifty percent.
    72 37    b.  The quotient of a school district's capacity
    72 38 per pupil divided by the capacity per pupil of the
    72 39 school district at the fortieth percentile, multiplied
    72 40 by fifty percent, except that the percentage in this
    72 41 paragraph shall not be less than twenty percent.
    72 42    6.  "Program" means the state assistance for
    72 43 educational infrastructure program established in
    72 44 section 292A.2.
    72 45    7.  "Property tax infrastructure capacity per
    72 46 pupil" means the sum of a school district's levies
    72 47 under sections 298.2 and 298.18 when the levies are
    72 48 imposed to the maximum extent allowable under law in
    72 49 the budget year divided by the school district's basic
    72 50 enrollment for the budget year.
    73  1    8.  "Sales tax capacity per pupil" means the
    73  2 estimated amount of revenues that a school district
    73  3 receives or would receive if a local sales and
    73  4 services tax for school infrastructure is imposed at
    73  5 one percent pursuant to section 422E.2, divided by the
    73  6 school district's basic enrollment for the budget
    73  7 year.
    73  8    9.  "School infrastructure" means activities
    73  9 initiated on or after July 1, 2003, for which a school
    73 10 district is authorized to contract indebtedness and
    73 11 issue general obligation bonds under section 296.1,
    73 12 except those activities related to a teacher's or
    73 13 superintendent's home or homes, to stadiums, to the
    73 14 improving of a site for an athletic field, or to the
    73 15 improving of a site already owned for an athletic
    73 16 field.  These activities include the construction,
    73 17 reconstruction, repair, demolition work, purchasing,
    73 18 or remodeling of schoolhouses and bus garages and the
    73 19 procurement of schoolhouse construction sites and the
    73 20 making of site improvements and those activities for
    73 21 which revenues under section 298.3 or 300.2 may be
    73 22 spent.
    73 23    Sec. 130.  NEW SECTION.  292A.2  STATE ASSISTANCE
    73 24 FOR EDUCATIONAL INFRASTRUCTURE PROGRAM.
    73 25    1.  a.  The department shall establish and
    73 26 administer a state assistance for educational
    73 27 infrastructure program to provide financial assistance
    73 28 in the form of grants to school districts with school
    73 29 infrastructure needs.
    73 30    b.  The department of education, in consultation
    73 31 with the department of management, shall annually
    73 32 compute the property tax infrastructure capacity per
    73 33 pupil for each school district in the state.
    73 34    c.  The department of education, in consultation
    73 35 with the department of revenue and the legislative
    73 36 services agency, shall annually calculate the
    73 37 estimated sales and services tax for school
    73 38 infrastructure, if imposed at one percent, that is or
    73 39 would be received by each school district in the state
    73 40 pursuant to section 422E.3.  These calculations shall
    73 41 be made on a total tax and on a tax per pupil basis
    73 42 for each school district.
    73 43    d.  The department of education, in consultation
    73 44 with the department of revenue and the department of
    73 45 management, shall annually compute capacity per pupil
    73 46 and the local match percentage for each school
    73 47 district in the state.  The calculations shall be
    73 48 released not later than September 1 of each year.
    73 49    2.  a.  A school district's local match requirement
    73 50 is equivalent to the total investment of a project
    74  1 multiplied by the school district's local match
    74  2 percentage.  A school district may submit an
    74  3 application to the department for financial assistance
    74  4 under the program if the school district meets the
    74  5 district's local match requirement through one or more
    74  6 of the following sources:
    74  7    (1)  The issuance of bonds pursuant to section
    74  8 298.18.
    74  9    (2)  Local sales and services tax moneys received
    74 10 pursuant to section 422E.3.
    74 11    (3)  A physical plant and equipment levy under
    74 12 chapter 298.
    74 13    (4)  Other moneys locally obtained by the school
    74 14 district excluding other state or federal grant
    74 15 moneys.
    74 16    b.  If the project is in collaboration with other
    74 17 public or private entities, the school district shall
    74 18 be eligible to apply for only the school district's
    74 19 portion of the project.  As such, state or federal
    74 20 grants received by the other entities cannot be used
    74 21 toward the local match requirement under paragraph
    74 22 "a", subparagraph (4).
    74 23    c.  A school district may submit an application for
    74 24 a project which includes activities at more than one
    74 25 attendance center.  However, if the activities relate
    74 26 to new construction, the project shall only relate to
    74 27 one attendance center.
    74 28    d.  A school district may submit an application for
    74 29 conditional approval to the department for financial
    74 30 assistance under the program if the school district
    74 31 submits a plan for securing the school district's
    74 32 local match requirement under paragraph "a".  If a
    74 33 school district does not meet the local match
    74 34 requirement of paragraph "a" within nine months of
    74 35 receiving conditional approval from the department,
    74 36 the application for financial assistance shall be
    74 37 denied by the department and the financial assistance
    74 38 shall be carried forward to be made available under
    74 39 the allocation provided under subsection 5, paragraph
    74 40 "d", for the next available grant cycle.
    74 41    e.  For the fiscal year beginning July 1, 2003, and
    74 42 every fiscal year thereafter, applications shall be
    74 43 submitted to the department by October 15 of each
    74 44 year.
    74 45    f.  For the fiscal year beginning July 1, 2003, and
    74 46 every fiscal year thereafter, the department shall
    74 47 notify all approved applicants by December 15 of each
    74 48 year regarding the approval of the application.
    74 49    g.  An applicant which is not successful in
    74 50 obtaining financial assistance under the program may
    75  1 reapply for financial assistance in succeeding years.
    75  2    3.  The application shall include, but shall not be
    75  3 limited to, the following information:
    75  4    a.  The total capital investment of the project.
    75  5    b.  The amount and percentage of moneys which the
    75  6 school district will be providing for the project.
    75  7    c.  The infrastructure needs of the school
    75  8 district, especially the fire and health safety needs
    75  9 of the school district, and including the extent to
    75 10 which the project would allow the school district to
    75 11 meet the infrastructure needs of the school district
    75 12 on a long=term basis.
    75 13    d.  The financial assistance needed by the school
    75 14 district based upon the capacity per pupil.
    75 15    e.  Any previous efforts by the school district to
    75 16 secure infrastructure funding from federal, state, or
    75 17 local resources, including any funding received for
    75 18 any project under the school infrastructure program
    75 19 provided in chapter 292.  The previous efforts shall
    75 20 be evaluated on a case=by=case basis.
    75 21    f.  Evidence that the school district meets or will
    75 22 meet the local match requirement in subsection 2,
    75 23 paragraph "a".
    75 24    g.  The nature of the proposed project and its
    75 25 relationship to improving educational opportunities
    75 26 for the students.
    75 27    h.  Evidence that the school district has
    75 28 reorganized on or after July 1, 2002, or that the
    75 29 school district has initiated a resolution to
    75 30 reorganize by July 1, 2005, or entered into an
    75 31 innovative collaboration with another school district
    75 32 or school districts.
    75 33    i.  Evidence that the school district receives
    75 34 sales and services tax for school infrastructure
    75 35 funding under section 422E.3.
    75 36    4.  A school district with less than two hundred
    75 37 fifty actual enrollment or less than one hundred
    75 38 actual enrollment in the high school that submits an
    75 39 application for assistance for new construction or for
    75 40 payments for bonds issued for new construction shall
    75 41 include on the application, in addition to that in
    75 42 subsection 3, all of the following:
    75 43    a.  Enrollment trends in the grades that will be
    75 44 served at the new construction site.
    75 45    b.  The infeasibility of remodeling,
    75 46 reconstructing, or repairing existing buildings.
    75 47    c.  The fire and health safety needs of the school
    75 48 district.
    75 49    d.  The distance, convenience, cost of
    75 50 transportation, and accessibility of the new
    76  1 construction site to the students to be served at the
    76  2 new construction site.
    76  3    e.  Availability of alternative, less costly, or
    76  4 more effective means of serving the needs of the
    76  5 students.
    76  6    f.  The financial condition of the district,
    76  7 including the effect of the decline of the budget
    76  8 guarantee and unspent balance.
    76  9    g.  Broad and long=term ability of the district to
    76 10 support the facility and the quality of the academic
    76 11 program.
    76 12    h.  Cooperation with other educational entities
    76 13 including other school districts, area education
    76 14 agencies, postsecondary institutions, and local
    76 15 communities.
    76 16    5.  A school district shall not receive more than
    76 17 one grant under the program.  The financial assistance
    76 18 shall be in the form of grants and shall be allocated
    76 19 in the following manner:
    76 20    a.  Twenty=five percent of the financial assistance
    76 21 each year shall be awarded to school districts with an
    76 22 enrollment of one thousand one hundred ninety=nine
    76 23 students or less.
    76 24    b.  Twenty=five percent of the financial assistance
    76 25 each year shall be awarded to school districts with an
    76 26 enrollment of more than one thousand one hundred
    76 27 ninety=nine students but not more than four thousand
    76 28 seven hundred fifty students.
    76 29    c.  Twenty=five percent of the financial assistance
    76 30 each year shall be awarded to school districts with an
    76 31 enrollment of more than four thousand seven hundred
    76 32 fifty students.
    76 33    d.  Twenty=five percent of the financial assistance
    76 34 each year, any financial assistance not awarded under
    76 35 paragraphs "a" through "c", and financial assistance
    76 36 not awarded in previous fiscal years shall be awarded
    76 37 to school districts with any size enrollment.
    76 38    6.  A district shall receive the lesser of one
    76 39 million dollars of financial assistance under the
    76 40 program, or the total capital investment of the
    76 41 project minus the local match requirement.  If the
    76 42 amount of grants awarded in a fiscal year is less than
    76 43 the maximum amount provided for grants for that fiscal
    76 44 year, the amount of the difference shall be carried
    76 45 forward to subsequent fiscal years for purposes of
    76 46 providing grants under the program and the maximum
    76 47 amount of grants for each fiscal year shall be
    76 48 adjusted accordingly.
    76 49    7.  The school budget review committee shall review
    76 50 all applications for financial assistance under the
    77  1 program and make recommendations regarding the
    77  2 applications to the department.  The department shall
    77  3 make the final determination on grant awards.  The
    77  4 school budget review committee shall base the
    77  5 recommendations on the criteria established pursuant
    77  6 to subsections 3 and 8 and subsection 4, if
    77  7 applicable.
    77  8    8.  The department shall form a task force to
    77  9 review applications for financial assistance and
    77 10 provide recommendations to the school budget review
    77 11 committee.  The task force shall include, at a
    77 12 minimum, representatives from the kindergarten through
    77 13 grade twelve education community, the state fire
    77 14 marshal, and individuals knowledgeable in school
    77 15 infrastructure and construction issues.  The
    77 16 department, in consultation with the task force, shall
    77 17 establish the parameters and the details of the
    77 18 criteria for awarding grants based on the information
    77 19 listed in subsection 3, including greater priority to
    77 20 the following:
    77 21    a.  A school district with a lower capacity per
    77 22 pupil.
    77 23    b.  A school district whose plans address specific
    77 24 occupant safety issues.
    77 25    c.  A school district reorganizing or collaborating
    77 26 as described in subsection 3, paragraph "h".
    77 27    d.  A school district for which a sales and
    77 28 services tax for school infrastructure has not been
    77 29 imposed pursuant to section 422E.2 or a school
    77 30 district receiving minimal revenues under section
    77 31 422E.3 when the total enrollment of the school
    77 32 district is considered.
    77 33    9.  An applicant receiving financial assistance
    77 34 under the program shall submit a progress report to
    77 35 the department as requested by the department which
    77 36 shall include a description of the activities under
    77 37 the project, the status of the implementation of the
    77 38 project, and any other information required by the
    77 39 department.
    77 40    10.  A school district located in whole or in part
    77 41 in a county which has imposed the maximum rate of
    77 42 sales and services tax for school infrastructure
    77 43 pursuant to section 422E.2 and has sales and services
    77 44 tax for school infrastructure revenue of more than the
    77 45 statewide average of sales tax capacity per pupil, as
    77 46 defined in section 292.1, subsection 8, shall not be
    77 47 eligible for financial assistance under the program.
    77 48 For purposes of this subsection, an individual school
    77 49 district's sales tax capacity per pupil is the
    77 50 estimated total sales and services tax for
    78  1 infrastructure revenue to be actually received by the
    78  2 school district divided by the school district's
    78  3 enrollment as specified in section 292.1, subsection
    78  4 8.
    78  5    Sec. 131.  NEW SECTION.  292A.3  STATE ASSISTANCE
    78  6 FOR EDUCATIONAL INFRASTRUCTURE FUND.
    78  7    A state assistance for educational infrastructure
    78  8 fund is created as a separate and distinct fund in the
    78  9 state treasury under the control of the department.
    78 10 Moneys in the fund include revenues credited to the
    78 11 fund pursuant to this chapter, appropriations made to
    78 12 the fund, and other moneys deposited into the fund.
    78 13 Any amounts disbursed from the fund shall be utilized
    78 14 for school infrastructure purposes as provided in this
    78 15 chapter.
    78 16    Sec. 132.  NEW SECTION.  292A.4  RULES.
    78 17    The department shall adopt rules, pursuant to
    78 18 chapter 17A, necessary for administering the state
    78 19 assistance for educational infrastructure program and
    78 20 fund.
    78 21                     DIVISION XXIII
    78 22                     EFFECTIVE DATE
    78 23    Sec. 133.  EFFECTIVE DATE.  Unless otherwise
    78 24 provided in this Act, this Act takes effect July 1,
    78 25 2003.>
    78 26 #   .  Title page, by striking lines 1 and 2 and
    78 27 inserting the following:  <An Act concerning
    78 28 regulatory, taxation, and statutory requirements
    78 29 affecting individuals and business relating to
    78 30 taxation of property, income and utilities, liability
    78 31 reform, workers' compensation, financial services,
    78 32 unemployment compensation employer surcharges,
    78 33 economic development, and school infrastructure
    78 34 assistance, and including effective date,
    78 35 applicability, and retroactive applicability
    78 36 provisions.>
    78 37 #3.  By renumbering as necessary.
    78 38 HF 692.S
    78 39 sc/cc/26

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