House
File
655
H-1336
Amend
House
File
655
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
WIRELESS
COMMUNICATIONS
FACILITIES
AND
INFRASTRUCTURE
4
APPLICATIONS
>
5
2.
Page
13,
after
line
27
by
inserting:
6
<
DIVISION
___
7
REINVESTMENT
DISTRICTS
AND
FLOOD
MITIGATION
8
Sec.
___.
Section
15J.4,
subsection
3,
paragraph
a,
9
Code
2015,
is
amended
to
read
as
follows:
10
a.
The
municipality
shall
submit
a
copy
of
the
11
resolution,
the
proposed
district
plan,
and
all
12
accompanying
materials
adopted
pursuant
to
this
section
13
to
the
board
for
evaluation.
The
board
shall
not
14
approve
a
proposed
district
plan
or
an
amendment
to
an
15
existing
district’s
plan
on
or
after
July
1,
2018.
16
Sec.
___.
Section
28F.12,
Code
2015,
is
amended
to
17
read
as
follows:
18
28F.12
Additional
powers
of
the
entity.
19
1.
If
the
entity
is
comprised
solely
of
cities,
20
counties,
and
sanitary
districts
established
under
21
chapter
358
,
or
any
combination
thereof,
the
entity
22
shall
have
in
addition
to
all
the
powers
enumerated
in
23
this
chapter
,
the
powers
which
that
a
county
has
with
24
respect
to
solid
waste
disposal
projects.
25
2.
If
the
entity
is
comprised
solely
of
cities,
26
counties,
and
sanitary
districts
established
under
27
chapter
358,
or
any
combination
thereof,
it
is
a
28
governmental
entity
with
respect
to
projects
undertaken
29
pursuant
to
chapter
418
and
may
exercise
all
of
the
30
powers
of
a
governmental
entity
under
that
chapter
in
31
connection
with
the
flood
mitigation
project.
Unless
32
otherwise
provided
in
chapter
418,
if
undertaking
a
33
flood
mitigation
project
as
a
governmental
entity
34
under
chapter
418,
the
provisions
of
chapter
418
shall
35
prevail
over
any
conflicting
provision
in
this
chapter.
36
Sec.
___.
Section
418.1,
subsection
4,
paragraph
c,
37
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
38
as
follows:
39
A
joint
board
or
other
legal
or
administrative
40
entity
established
or
designated
in
an
agreement
41
pursuant
to
chapter
28E
or
28F
between
any
of
the
42
following:
43
Sec.
___.
Section
418.1,
subsection
4,
paragraph
44
c,
Code
2015,
is
amended
by
adding
the
following
new
45
subparagraph:
46
NEW
SUBPARAGRAPH
.
(4)
One
or
more
counties,
one
or
47
more
cities
that
are
located
in
whole
or
in
part
within
48
those
counties,
and
one
or
more
sanitary
districts
49
established
under
chapter
358
or
a
combined
water
and
50
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#1.
#2.
sanitary
district
as
provided
for
in
sections
357.1B
1
and
358.1B,
located
in
whole
or
in
part
within
those
2
counties.
3
Sec.
___.
Section
418.4,
subsection
1,
paragraph
b,
4
Code
2015,
is
amended
to
read
as
follows:
5
b.
A
governmental
entity
as
defined
in
section
6
418.1,
subsection
4
,
paragraph
“c”
,
shall
have
the
7
power
to
construct,
acquire,
own,
repair,
improve,
8
operate,
and
maintain
a
project,
may
sue
and
be
sued,
9
contract,
and
acquire
and
hold
real
and
personal
10
property,
subject
to
the
limitation
in
paragraph
11
“c”
,
and
shall
have
such
other
powers
as
may
be
12
included
in
the
chapter
28E
or
28F
agreement.
Such
a
13
governmental
entity
may
contract
with
a
city
or
the
14
county
participating
in
the
chapter
28E
agreement
15
to
perform
any
governmental
service,
activity,
or
16
undertaking
that
the
city
or
county
is
authorized
by
17
law
to
perform,
including
but
not
limited
to
contracts
18
for
administrative
services.
19
Sec.
___.
Section
418.11,
subsection
3,
paragraph
20
c,
Code
2015,
is
amended
to
read
as
follows:
21
c.
For
projects
approved
for
a
governmental
22
entity
as
defined
in
section
418.1,
subsection
4
,
23
paragraph
“c”
,
the
area
used
to
determine
the
sales
24
tax
increment
shall
include
the
incorporated
areas
25
of
each
participating
city
that
is
participating
in
26
the
chapter
28E
agreement
,
the
unincorporated
areas
27
of
the
each
participating
county,
and
the
area
of
any
28
participating
drainage
district
not
otherwise
included
29
in
the
areas
of
the
participating
cities
or
county,
and
30
the
area
served
by
any
sanitary
district
or
combined
31
water
and
sanitary
district
and
not
otherwise
included
32
in
the
areas
of
the
participating
cities
or
counties,
33
as
applicable.
34
Sec.
___.
Section
418.11,
subsection
3,
Code
2015,
35
is
amended
by
adding
the
following
new
paragraph:
36
NEW
PARAGRAPH
.
d.
For
all
projects,
the
area
used
37
to
determine
the
sales
tax
increment
shall
not
include
38
any
parcels
of
real
property
that
are
included
in
a
39
reinvestment
district
designated
pursuant
to
chapter
40
15J.
41
Sec.
___.
Section
418.14,
subsection
3,
paragraph
42
a,
Code
2015,
is
amended
to
read
as
follows:
43
a.
Except
as
otherwise
provided
in
this
section
,
44
bonds
issued
pursuant
to
this
section
shall
not
be
45
subject
to
the
provisions
of
any
other
law
or
charter
46
relating
to
the
authorization,
issuance,
or
sale
of
47
bonds.
Bonds
issued
under
this
section
shall
not
limit
48
or
restrict
the
authority
of
a
governmental
entity
as
49
defined
in
section
418.1,
subsection
4
,
paragraphs
50
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5
“a”
and
“b”
,
or
a
city,
county,
or
drainage
district
,
1
sanitary
district,
or
combined
water
and
sanitary
2
district
participating
in
a
governmental
entity
as
3
defined
in
section
418.1,
subsection
4
,
paragraph
“c”
,
4
to
issue
bonds
for
the
project
under
other
provisions
5
of
the
Code.
6
Sec.
___.
Section
418.14,
subsection
4,
paragraph
7
b,
Code
2015,
is
amended
to
read
as
follows:
8
b.
If
the
moneys
in
the
governmental
entity’s
9
flood
project
fund
are
insufficient
to
pay
the
10
governmental
entity’s
costs
related
to
bonds,
notes,
11
or
other
obligations
issued
under
this
chapter
,
the
12
amounts
necessary
to
pay
such
costs
may
be
levied
and
13
transferred
for
deposit
in
the
governmental
entity’s
14
flood
project
fund
from
the
debt
service
fund
of
15
the
governmental
entity
or,
if
applicable,
the
debt
16
service
fund
of
a
participating
city
or
county
for
17
a
governmental
entity
as
defined
in
section
418.1,
18
subsection
4
,
paragraph
“c”
,
but
only
if
and
to
the
19
extent
provided
in
the
resolution
authorizing
the
20
issuance
of
bonds
and,
if
applicable,
the
chapter
28E
21
or
28F
agreement.
22
Sec.
___.
Section
418.15,
subsection
4,
Code
2015,
23
is
amended
to
read
as
follows:
24
4.
All
property
and
improvements
acquired
by
25
a
governmental
entity
as
defined
in
section
418.1,
26
subsection
4
,
paragraph
“c”
,
relating
to
a
project
27
shall
be
transferred
to
the
county,
city,
or
drainage
28
district
,
sanitary
district,
or
combined
water
and
29
sanitary
district
designated
in
the
chapter
28E
or
28F
30
agreement
to
receive
such
property
and
improvements.
31
The
county,
city,
or
drainage
district
,
sanitary
32
district,
or
combined
water
and
sanitary
district
to
33
which
such
property
or
improvements
are
transferred
34
shall,
unless
otherwise
provided
in
the
chapter
35
28E
or
28F
agreement,
be
solely
responsible
for
the
36
ongoing
maintenance
and
support
of
such
property
and
37
improvements.
38
Sec.
___.
Section
423.2,
subsection
11,
paragraph
39
b,
Code
2015,
is
amended
by
adding
the
following
new
40
subparagraph:
41
NEW
SUBPARAGRAPH
.
(05)
Beginning
the
first
day
42
of
the
calendar
quarter
beginning
on
the
reinvestment
43
district’s
commencement
date,
subject
to
remittance
44
limitations
established
by
the
economic
development
45
authority
board
pursuant
to
section
15J.4,
subsection
46
3,
transfer
to
a
district
account
created
in
the
state
47
reinvestment
district
fund
for
each
reinvestment
48
district
established
under
chapter
15J,
the
amount
of
49
new
state
sales
tax
revenue,
determined
in
section
50
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86
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5
15J.5,
subsection
1,
paragraph
“b”
,
in
the
district,
1
that
remains
after
the
prior
transfers
required
2
under
this
paragraph
“b”
.
Such
transfers
shall
cease
3
pursuant
to
section
15J.8.
4
Sec.
___.
Section
423.2,
subsection
11,
paragraph
5
b,
subparagraph
(6),
Code
2015,
is
amended
by
striking
6
the
subparagraph.
7
Sec.
___.
Section
423.2,
Code
2015,
is
amended
by
8
adding
the
following
new
subsection:
9
NEW
SUBSECTION
.
11A.
Of
the
amount
of
sales
tax
10
revenue
actually
transferred
per
quarter
pursuant
to
11
subsection
11,
paragraph
“b”
,
subparagraphs
(05)
and
12
(5),
the
department
shall
retain
an
amount
equal
to
13
the
actual
cost
of
administering
the
transfers
under
14
subsection
11,
paragraph
“b”
,
subparagraphs
(05)
and
15
(5),
or
twenty-five
thousand
dollars,
whichever
is
16
less.
The
amount
retained
by
the
department
pursuant
17
to
this
subsection
shall
be
divided
pro
rata
each
18
quarter
between
the
amounts
that
would
have
been
19
transferred
pursuant
to
subsection
11,
paragraph
“b”
,
20
subparagraphs
(05)
and
(5),
without
the
deduction
made
21
by
operation
of
this
subsection.
Revenues
retained
by
22
the
department
pursuant
to
this
subsection
shall
be
23
considered
repayment
receipts
as
defined
in
section
24
8.2.
25
Sec.
___.
EFFECTIVE
UPON
ENACTMENT.
This
division
26
of
this
Act,
being
deemed
of
immediate
importance,
27
takes
effect
upon
enactment.
28
Sec.
___.
RETROACTIVE
AND
OTHER
APPLICABILITY.
29
1.
Except
as
provided
in
subsection
3,
this
30
division
of
this
Act
applies
retroactively
to
31
reinvestment
districts
designated
under
chapter
15J
in
32
existence
on
or
after
July
1,
2014.
33
2.
Except
as
provided
in
subsection
3,
this
34
division
of
this
Act
applies
to
flood
mitigation
35
project
plan
applications
received
under
chapter
36
418
before,
on,
or
after
the
effective
date
of
this
37
division
of
this
Act.
38
3.
The
sections
of
this
division
of
this
Act
39
amending
section
423.2,
subsection
11,
and
enacting
40
section
423.2,
subsection
11A,
apply
to
transfers
of
41
sales
tax
revenues
made
on
or
after
July
1,
2015.
>
42
3.
Title
page,
by
striking
lines
1
and
2
and
43
inserting
<
An
Act
relating
to
community
development
44
by
establishing
application
rules
and
limitations
for
45
wireless
communications
facilities
and
infrastructure
46
and
modifying
provisions
related
to
reinvestment
47
districts
and
flood
mitigation
projects,
and
including
48
effective
date
and
retroactive
and
other
applicability
49
provisions.
>
50
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86
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5
4.
By
renumbering
as
necessary.
1
______________________________
NUNN
of
Polk
-5-
HF655.1882
(2)
86
ad/sc
5/
5
#4.