Senate Amendment 5196


PAG LIN




     1  1    Amend the amendment, S=5166, to House File 2351, as
     1  2 amended, passed, and reprinted by the House, as
     1  3 follows:
     1  4 #1.  Page 11, by inserting after line 32 the
     1  5 following:
     1  6    <#   .  Page 18, by inserting before line 17 the
     1  7 following:
     1  8    <Sec.    .  NEW SECTION.  16.54  PROPERTY TAX
     1  9 REIMBURSEMENT PROGRAM == FUND CREATED.
     1 10    1.  A property tax reimbursement program is
     1 11 established under the supervision of the authority to
     1 12 provide financial assistance in paying property taxes
     1 13 on replacement housing property for an eligible
     1 14 homeowner.  A homeowner is eligible to file a claim
     1 15 for property tax reimbursement under this section if
     1 16 all of the following apply:
     1 17    a.  The homeowner's previous residence was acquired
     1 18 by eminent domain.
     1 19    b.  The homeowner's residence acquired by eminent
     1 20 domain was located in that portion of an urban renewal
     1 21 area designated as a slum and blighted area pursuant
     1 22 to chapter 403.
     1 23    c.  The homeowner's residence was acquired as part
     1 24 of a project or acquisition plan whereby more than
     1 25 seventy=five percent of the area included in the plan
     1 26 is in a slum or blighted condition as defined in
     1 27 section 6A.22.
     1 28    d.  The homeowner's residence was one of the
     1 29 properties comprising the twenty=five percent or less
     1 30 of the project or acquisition plan area that was not
     1 31 in a slum or blighted condition as defined in section
     1 32 6A.22.
     1 33    e.  The homeowner's residence was acquired by
     1 34 eminent domain no more than two years before the
     1 35 homeowner first applies for assistance under this
     1 36 section.
     1 37    f.  The homeowner is a lower income family as
     1 38 defined in section 16.1.
     1 39    2.  a.  A property tax reimbursement claim shall
     1 40 not exceed an amount equal to the base year property
     1 41 taxes subtracted from the current year property taxes.
     1 42    b.  For purposes of this subsection:
     1 43    (1)  "Base year property taxes" means the last full
     1 44 fiscal year's property taxes the homeowner paid on the
     1 45 residence that was acquired by eminent domain.
     1 46    (2)  "Current year property taxes" means the amount
     1 47 calculated by applying the levy rate for the fiscal
     1 48 year beginning in the calendar year the claim is filed
     1 49 to the adjusted valuation amount.
     1 50    (3)  "Adjusted valuation amount" means the amount
     2  1 of damages paid to the homeowner by the acquiring
     2  2 agency times the assessment limitation percentage
     2  3 determined pursuant to section 441.21, subsection 4,
     2  4 for the assessment year ending in the calendar year
     2  5 prior to the calendar year the claim is filed.
     2  6    c.  A claim for property tax reimbursement shall be
     2  7 filed each year between January 15 and February 15
     2  8 before the start of the fiscal year for which the
     2  9 claim is filed.
     2 10    d.  An eligible homeowner may claim a property tax
     2 11 reimbursement under this section for up to five years
     2 12 or until the replacement housing property is
     2 13 transferred by the homeowner, whichever is sooner.
     2 14    3.  A property tax reimbursement fund is created
     2 15 within the authority to pay claims filed under this
     2 16 section.  Notwithstanding section 12C.7, interest or
     2 17 earnings on moneys in the property tax reimbursement
     2 18 fund or appropriated to the fund shall be credited to
     2 19 the fund.  Notwithstanding section 8.33, unencumbered
     2 20 and unobligated moneys remaining in the fund at the
     2 21 close of each fiscal year shall not revert but shall
     2 22 remain available for expenditure for the same purposes
     2 23 in the succeeding fiscal year.
     2 24    If moneys in the property tax reimbursement fund
     2 25 are insufficient to pay the total of all claims filed
     2 26 for a fiscal year, the claims for that year shall be
     2 27 prorated among all claimants in the proportion that
     2 28 each valid claim bears to the total of all valid
     2 29 claims filed for that fiscal year.
     2 30    4.  The authority shall adopt rules pursuant to
     2 31 chapter 17A necessary to administer this section.>>
     2 32 #2.  Page 12, by inserting before line 10 the
     2 33 following:
     2 34    <#   .  Page 28, by inserting after line 28 the
     2 35 following:
     2 36    <Sec.    .  APPROPRIATION.  There is appropriated
     2 37 from the general fund of the state to the Iowa finance
     2 38 authority for the fiscal year beginning July 1, 2006,
     2 39 and ending June 30, 2007, the following amount, or so
     2 40 much thereof as is necessary, to be used for the
     2 41 following purpose:
     2 42    For payment of property tax reimbursement claims
     2 43 under the property tax reimbursement program
     2 44 established in section 16.54:
     2 45 .................................................. $  1,000,000>>
     2 46 #3.  Title page, line 3, by inserting after the
     2 47 word <matters,> the following:  <making an
     2 48 appropriation,>
     2 49 #4.  By renumbering as necessary.
     2 50
     3  1
     3  2                               
     3  3 KEITH A. KREIMAN
     3  4 HF 2351.514 81
     3  5 sc/je/5330

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