House
File
654
S-3200
Amend
House
File
654,
as
passed
by
the
House,
as
1
follows:
2
1.
Page
8,
after
line
6
by
inserting:
3
<
DIVISION
___
4
REINVESTMENT
DISTRICTS
AND
FLOOD
MITIGATION
5
Sec.
___.
Section
15J.4,
subsection
3,
paragraph
a,
6
Code
2015,
is
amended
to
read
as
follows:
7
a.
The
municipality
shall
submit
a
copy
of
the
8
resolution,
the
proposed
district
plan,
and
all
9
accompanying
materials
adopted
pursuant
to
this
section
10
to
the
board
for
evaluation.
The
board
shall
not
11
approve
a
proposed
district
plan
or
an
amendment
to
an
12
existing
district’s
plan
on
or
after
July
1,
2018.
13
Sec.
___.
Section
28F.12,
Code
2015,
is
amended
to
14
read
as
follows:
15
28F.12
Additional
powers
of
the
entity.
16
1.
If
the
entity
is
comprised
solely
of
cities,
17
counties,
and
sanitary
districts
established
under
18
chapter
358
,
or
any
combination
thereof,
the
entity
19
shall
have
in
addition
to
all
the
powers
enumerated
in
20
this
chapter
,
the
powers
which
that
a
county
has
with
21
respect
to
solid
waste
disposal
projects.
22
2.
If
the
entity
is
comprised
solely
of
cities,
23
counties,
and
sanitary
districts
established
under
24
chapter
358,
or
any
combination
thereof,
it
is
a
25
governmental
entity
with
respect
to
projects
undertaken
26
pursuant
to
chapter
418
and
may
exercise
all
of
the
27
powers
of
a
governmental
entity
under
that
chapter
in
28
connection
with
the
flood
mitigation
project.
Unless
29
otherwise
provided
in
chapter
418,
if
undertaking
a
30
flood
mitigation
project
as
a
governmental
entity
31
under
chapter
418,
the
provisions
of
chapter
418
shall
32
prevail
over
any
conflicting
provision
in
this
chapter.
33
Sec.
___.
Section
418.1,
subsection
4,
paragraph
c,
34
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
35
as
follows:
36
A
joint
board
or
other
legal
or
administrative
37
entity
established
or
designated
in
an
agreement
38
pursuant
to
chapter
28E
or
28F
between
any
of
the
39
following:
40
Sec.
___.
Section
418.1,
subsection
4,
paragraph
41
c,
Code
2015,
is
amended
by
adding
the
following
new
42
subparagraph:
43
NEW
SUBPARAGRAPH
.
(4)
One
or
more
counties,
one
or
44
more
cities
that
are
located
in
whole
or
in
part
within
45
those
counties,
and
one
or
more
sanitary
districts
46
established
under
chapter
358
or
a
combined
water
and
47
sanitary
district
as
provided
for
in
sections
357.1B
48
and
358.1B,
located
in
whole
or
in
part
within
those
49
counties.
50
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#1.
Sec.
___.
Section
418.4,
subsection
1,
paragraph
b,
1
Code
2015,
is
amended
to
read
as
follows:
2
b.
A
governmental
entity
as
defined
in
section
3
418.1,
subsection
4
,
paragraph
“c”
,
shall
have
the
4
power
to
construct,
acquire,
own,
repair,
improve,
5
operate,
and
maintain
a
project,
may
sue
and
be
sued,
6
contract,
and
acquire
and
hold
real
and
personal
7
property,
subject
to
the
limitation
in
paragraph
8
“c”
,
and
shall
have
such
other
powers
as
may
be
9
included
in
the
chapter
28E
or
28F
agreement.
Such
a
10
governmental
entity
may
contract
with
a
city
or
the
11
county
participating
in
the
chapter
28E
agreement
12
to
perform
any
governmental
service,
activity,
or
13
undertaking
that
the
city
or
county
is
authorized
by
14
law
to
perform,
including
but
not
limited
to
contracts
15
for
administrative
services.
16
Sec.
___.
Section
418.11,
subsection
3,
paragraph
17
c,
Code
2015,
is
amended
to
read
as
follows:
18
c.
For
projects
approved
for
a
governmental
19
entity
as
defined
in
section
418.1,
subsection
4
,
20
paragraph
“c”
,
the
area
used
to
determine
the
sales
21
tax
increment
shall
include
the
incorporated
areas
22
of
each
participating
city
that
is
participating
in
23
the
chapter
28E
agreement
,
the
unincorporated
areas
24
of
the
each
participating
county,
and
the
area
of
any
25
participating
drainage
district
not
otherwise
included
26
in
the
areas
of
the
participating
cities
or
county,
and
27
the
area
served
by
any
sanitary
district
or
combined
28
water
and
sanitary
district
and
not
otherwise
included
29
in
the
areas
of
the
participating
cities
or
counties,
30
as
applicable.
31
Sec.
___.
Section
418.11,
subsection
3,
Code
2015,
32
is
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
d.
For
all
projects,
the
area
used
34
to
determine
the
sales
tax
increment
shall
not
include
35
any
parcels
of
real
property
that
are
included
in
a
36
reinvestment
district
designated
pursuant
to
chapter
37
15J.
38
Sec.
___.
Section
418.14,
subsection
3,
paragraph
39
a,
Code
2015,
is
amended
to
read
as
follows:
40
a.
Except
as
otherwise
provided
in
this
section
,
41
bonds
issued
pursuant
to
this
section
shall
not
be
42
subject
to
the
provisions
of
any
other
law
or
charter
43
relating
to
the
authorization,
issuance,
or
sale
of
44
bonds.
Bonds
issued
under
this
section
shall
not
limit
45
or
restrict
the
authority
of
a
governmental
entity
as
46
defined
in
section
418.1,
subsection
4
,
paragraphs
47
“a”
and
“b”
,
or
a
city,
county,
or
drainage
district
,
48
sanitary
district,
or
combined
water
and
sanitary
49
district
participating
in
a
governmental
entity
as
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defined
in
section
418.1,
subsection
4
,
paragraph
“c”
,
1
to
issue
bonds
for
the
project
under
other
provisions
2
of
the
Code.
3
Sec.
___.
Section
418.14,
subsection
4,
paragraph
4
b,
Code
2015,
is
amended
to
read
as
follows:
5
b.
If
the
moneys
in
the
governmental
entity’s
6
flood
project
fund
are
insufficient
to
pay
the
7
governmental
entity’s
costs
related
to
bonds,
notes,
8
or
other
obligations
issued
under
this
chapter
,
the
9
amounts
necessary
to
pay
such
costs
may
be
levied
and
10
transferred
for
deposit
in
the
governmental
entity’s
11
flood
project
fund
from
the
debt
service
fund
of
12
the
governmental
entity
or,
if
applicable,
the
debt
13
service
fund
of
a
participating
city
or
county
for
14
a
governmental
entity
as
defined
in
section
418.1,
15
subsection
4
,
paragraph
“c”
,
but
only
if
and
to
the
16
extent
provided
in
the
resolution
authorizing
the
17
issuance
of
bonds
and,
if
applicable,
the
chapter
28E
18
or
28F
agreement.
19
Sec.
___.
Section
418.15,
subsection
4,
Code
2015,
20
is
amended
to
read
as
follows:
21
4.
All
property
and
improvements
acquired
by
22
a
governmental
entity
as
defined
in
section
418.1,
23
subsection
4
,
paragraph
“c”
,
relating
to
a
project
24
shall
be
transferred
to
the
county,
city,
or
drainage
25
district
,
sanitary
district,
or
combined
water
and
26
sanitary
district
designated
in
the
chapter
28E
or
28F
27
agreement
to
receive
such
property
and
improvements.
28
The
county,
city,
or
drainage
district
,
sanitary
29
district,
or
combined
water
and
sanitary
district
to
30
which
such
property
or
improvements
are
transferred
31
shall,
unless
otherwise
provided
in
the
chapter
32
28E
or
28F
agreement,
be
solely
responsible
for
the
33
ongoing
maintenance
and
support
of
such
property
and
34
improvements.
35
Sec.
___.
Section
423.2,
subsection
11,
paragraph
36
b,
Code
2015,
is
amended
by
adding
the
following
new
37
subparagraph:
38
NEW
SUBPARAGRAPH
.
(05)
Beginning
the
first
day
39
of
the
calendar
quarter
beginning
on
the
reinvestment
40
district’s
commencement
date,
subject
to
remittance
41
limitations
established
by
the
economic
development
42
authority
board
pursuant
to
section
15J.4,
subsection
43
3,
transfer
to
a
district
account
created
in
the
state
44
reinvestment
district
fund
for
each
reinvestment
45
district
established
under
chapter
15J,
the
amount
of
46
new
state
sales
tax
revenue,
determined
in
section
47
15J.5,
subsection
1,
paragraph
“b”
,
in
the
district,
48
that
remains
after
the
prior
transfers
required
49
under
this
paragraph
“b”
.
Such
transfers
shall
cease
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pursuant
to
section
15J.8.
1
Sec.
___.
Section
423.2,
subsection
11,
paragraph
2
b,
subparagraph
(6),
Code
2015,
is
amended
by
striking
3
the
subparagraph.
4
Sec.
___.
Section
423.2,
Code
2015,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
11A.
Of
the
amount
of
sales
tax
7
revenue
actually
transferred
per
quarter
pursuant
to
8
subsection
11,
paragraph
“b”
,
subparagraphs
(05)
and
9
(5),
the
department
shall
retain
an
amount
equal
to
10
the
actual
cost
of
administering
the
transfers
under
11
subsection
11,
paragraph
“b”
,
subparagraphs
(05)
and
12
(5),
or
twenty-five
thousand
dollars,
whichever
is
13
less.
The
amount
retained
by
the
department
pursuant
14
to
this
subsection
shall
be
divided
pro
rata
each
15
quarter
between
the
amounts
that
would
have
been
16
transferred
pursuant
to
subsection
11,
paragraph
“b”
,
17
subparagraphs
(05)
and
(5),
without
the
deduction
made
18
by
operation
of
this
subsection.
Revenues
retained
by
19
the
department
pursuant
to
this
subsection
shall
be
20
considered
repayment
receipts
as
defined
in
section
21
8.2.
22
Sec.
___.
EFFECTIVE
UPON
ENACTMENT.
This
division
23
of
this
Act,
being
deemed
of
immediate
importance,
24
takes
effect
upon
enactment.
25
Sec.
___.
RETROACTIVE
AND
OTHER
APPLICABILITY.
26
1.
Except
as
provided
in
subsection
3,
this
27
division
of
this
Act
applies
retroactively
to
28
reinvestment
districts
designated
under
chapter
15J
in
29
existence
on
or
after
July
1,
2014.
30
2.
Except
as
provided
in
subsection
3,
this
31
division
of
this
Act
applies
to
flood
mitigation
32
project
plan
applications
received
under
chapter
33
418
before,
on,
or
after
the
effective
date
of
this
34
division
of
this
Act.
35
3.
The
sections
of
this
division
of
this
Act
36
amending
section
423.2,
subsection
11,
and
enacting
37
section
423.2,
subsection
11A,
apply
to
transfers
of
38
sales
tax
revenues
made
on
or
after
July
1,
2015.
39
DIVISION
___
40
NUISANCE
PROPERTIES
AND
ABANDONED
BUILDINGS
41
Sec.
___.
Section
15.335B,
subsection
2,
paragraph
42
a,
Code
2015,
is
amended
by
adding
the
following
new
43
subparagraph:
44
NEW
SUBPARAGRAPH
.
(8)
For
deposit
in
the
nuisance
45
property
remediation
fund
created
pursuant
to
section
46
15.338.
47
Sec.
___.
NEW
SECTION
.
15.338
Nuisance
property
48
remediation
assistance
——
fund.
49
1.
a.
The
economic
development
authority
shall
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establish
a
nuisance
property
remediation
fund
pursuant
1
to
section
15.106A,
subsection
1,
paragraph
“o”
,
2
for
purposes
of
providing
financial
assistance
to
3
cities
for
the
remediation
of
nuisance
properties
4
and
abandoned
buildings
and
other
structures.
The
5
authority
shall
administer
the
fund
in
a
manner
6
designed
to
make
funds
annually
available
to
cities
for
7
purposes
of
this
section.
8
b.
The
authority
may
administer
a
fund
established
9
for
purposes
of
this
section
as
a
revolving
fund.
The
10
fund
may
consist
of
any
moneys
appropriated
by
the
11
general
assembly
for
purposes
of
this
section
and
12
any
other
moneys
that
are
lawfully
available
to
the
13
authority,
including
moneys
transferred
or
deposited
14
from
other
funds
created
pursuant
to
section
15.106A,
15
subsection
1,
paragraph
“o”
.
16
c.
The
authority
shall
use
any
moneys
specifically
17
appropriated
for
purposes
of
this
section
only
for
the
18
purposes
of
this
section.
The
authority
may
use
all
19
other
moneys
in
the
fund,
including
interest,
earnings,
20
recaptures,
and
repayments
for
purposes
of
this
section
21
or
the
authority
may
transfer
the
other
moneys
to
other
22
funds
created
pursuant
to
section
15.106A,
subsection
23
1,
paragraph
“o”
.
24
d.
Notwithstanding
section
8.33,
moneys
in
the
25
nuisance
property
remediation
fund
at
the
end
of
each
26
fiscal
year
shall
not
revert
to
any
other
fund
but
27
shall
remain
in
the
fund
for
expenditure
for
subsequent
28
fiscal
years.
29
e.
The
authority
may
use
not
more
than
five
percent
30
of
the
moneys
in
the
fund
at
the
beginning
of
the
31
fiscal
year
for
purposes
of
administrative
costs,
32
finance,
compliance,
marketing,
and
program
support.
33
2.
The
authority
shall
use
moneys
in
the
fund
34
to
provide
financial
assistance
to
cities
for
the
35
remediation
of
nuisance
properties
and
abandoned
36
buildings
and
other
structures.
Such
financial
37
assistance
may
include
grants,
loans,
forgivable
loans,
38
or
other
forms
of
financial
assistance
as
necessary
to
39
effectuate
the
purposes
of
this
section.
The
authority
40
may
provide
financial
assistance
under
this
section
41
using
a
competitive
scoring
process.
42
3.
In
providing
financial
assistance
under
this
43
section,
the
authority
may
give
priority
to
cities
44
with
severe
blighted
areas,
widespread
dilapidated
45
housing
stock,
or
high
rates
of
low
or
moderate
income
46
residents.
47
4.
The
authority
shall
enter
into
an
agreement
with
48
each
city
for
the
receipt
of
financial
assistance
under
49
this
section.
The
authority
may
negotiate
the
terms
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of
the
agreement.
1
5.
In
providing
financial
assistance
under
this
2
section,
the
authority
shall
coordinate
with
a
city
to
3
develop
a
plan
for
the
use
of
funds
that
is
consistent
4
with
the
community
development,
housing,
and
economic
5
development
goals
of
the
city.
The
terms
of
the
6
agreement
entered
into
pursuant
to
subsection
3
and
the
7
use
of
financial
assistance
provided
under
this
section
8
shall
reflect
the
plan
developed
based
on
a
city’s
9
goals.
10
6.
If
a
city
receives
financial
assistance
under
11
this
section,
the
amount
of
any
lien
created
for
12
costs
related
to
remediation
of
the
property
shall
not
13
include
any
moneys
that
the
city
received
pursuant
to
14
this
section
to
remediate
the
property.
15
7.
The
authority
shall
submit
a
report
to
the
16
general
assembly
and
the
governor’s
office
on
or
17
before
January
31,
2019,
describing
the
results
of
the
18
program
implemented
pursuant
to
this
section
and
making
19
recommendations
for
additional
program
changes.
20
Sec.
___.
Section
657A.1,
subsections
1
and
3,
Code
21
2015,
are
amended
to
read
as
follows:
22
1.
“Abandoned”
or
“abandonment”
means
that
a
23
building
has
remained
vacant
and
has
been
in
violation
24
of
the
housing
code
or
building
code
of
the
city
in
25
which
the
property
is
located
or
the
housing
code
or
26
building
code
applicable
in
the
county
in
which
the
27
property
is
located
if
outside
the
limits
of
a
city
for
28
a
period
of
six
consecutive
months.
29
3.
“Building”
means
a
building
or
structure
located
30
in
a
city
or
outside
the
limits
of
a
city
in
a
county,
31
which
is
used
or
intended
to
be
used
for
commercial
32
or
industrial
purposes
or
which
is
used
or
intended
33
to
be
used
for
residential
purposes
,
and
includes
a
34
building
or
structure
in
which
some
floors
may
be
used
35
for
retail
stores,
shops,
salesrooms,
markets,
or
36
similar
commercial
uses,
or
for
offices,
banks,
civic
37
administration
activities,
professional
services,
or
38
similar
business
or
civic
uses,
and
other
floors
are
39
used,
designed,
or
intended
to
be
used
for
residential
40
purposes.
41
Sec.
___.
Section
657A.10A,
subsection
1,
paragraph
42
b,
Code
2015,
is
amended
to
read
as
follows:
43
b.
The
petition
shall
be
filed
in
the
district
44
court
of
the
county
in
which
the
property
is
located.
45
Service
on
the
owner
and
any
other
named
respondents
46
shall
be
by
personal
service
or
certified
mail
and
or,
47
if
service
cannot
be
made
by
either
method,
by
posting
48
the
notice
in
a
conspicuous
place
on
the
building
and
49
by
publication
in
a
newspaper
of
general
circulation
in
50
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7
the
city
.
The
action
shall
be
in
equity.
1
Sec.
___.
Section
657A.10A,
subsection
3,
2
paragraphs
d,
f,
and
j,
Code
2015,
are
amended
to
read
3
as
follows:
4
d.
Whether
the
building
meets
the
city’s
housing
5
code
for
as
being
fit
for
human
habitation,
occupancy,
6
or
use.
7
f.
Whether
the
building
is
boarded
up
or
otherwise
8
secured
from
unauthorized
entry
.
9
j.
Past
and
current
compliance
with
orders
of
the
10
local
housing
or
building
code
official.
11
Sec.
___.
Section
657A.10A,
subsection
3,
12
Code
2015,
is
amended
by
adding
the
following
new
13
paragraphs:
14
NEW
PARAGRAPH
.
0e.
Whether
the
building
meets
the
15
city’s
building
code
as
being
fit
for
occupancy
or
use.
16
NEW
PARAGRAPH
.
0h.
Whether
those
claiming
an
17
interest
in
the
property
have,
prior
to
the
filing
18
of
the
petition,
demonstrated
a
good-faith
effort
to
19
restore
the
property
to
productive
use.
20
Sec.
___.
Section
657A.10A,
subsections
4
and
5,
21
Code
2015,
are
amended
to
read
as
follows:
22
4.
In
lieu
of
the
considerations
in
subsection
3
,
23
if
the
city
can
establish
to
the
court’s
satisfaction
24
that
all
parties
with
an
interest
in
the
property
have
25
received
proper
notice
and
either
consented
to
the
26
entry
of
an
order
awarding
title
to
the
property
to
the
27
city
or
did
not
make
a
good
faith
good-faith
effort
to
28
comply
with
the
order
of
the
local
housing
or
building
29
code
official
within
sixty
days
after
the
filing
of
the
30
petition,
the
court
shall
enter
judgment
against
the
31
respondents
granting
the
city
title
to
the
property.
32
5.
If
the
court
determines
that
the
property
has
33
been
abandoned
or
that
subsection
4
applies,
the
court
34
shall
enter
judgment
and
order
awarding
title
to
the
35
city.
The
title
awarded
to
the
city
shall
be
free
and
36
clear
of
any
claims,
liens,
or
encumbrances
held
by
the
37
respondents.
>
38
2.
Title
page,
line
3,
after
<
retroactive
>
by
39
inserting
<
and
other
>
40
3.
By
renumbering,
redesignating,
and
correcting
41
internal
references
as
necessary.
42
______________________________
COMMITTEE
ON
WAYS
AND
MEANS
JOE
BOLKCOM,
CHAIRPERSON
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#2.
#3.