House File 2641 S-5161 Amend the amendment, S-5157, to House File 2641, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 86, after line 23 by inserting: 3 < DIVISION ___ 4 FLOOD MITIGATION PROGRAM SALES TAX INCREMENT CALCULATION 5 Sec. ___. Section 418.11, subsection 2, paragraph a, Code 6 2020, is amended to read as follows: 7 a. Determine the amount of sales subject to the tax under 8 section 423.2 in each applicable area specified in subsection 9 3 , during the corresponding quarter in the base year from 10 retail establishments in such areas. However, for projects 11 approved by the board before the effective date of this 12 division of this Act, the amount of sales determined under this 13 paragraph may be adjusted by the board under subsection 2A. 14 Sec. ___. Section 418.11, Code 2020, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 2A. a. For projects approved by the board 17 before the effective date of this division of this Act, if 18 the applicable area under subsection 3 is within an area for 19 which the governor has proclaimed a disaster emergency or the 20 president of the United States has declared a major disaster 21 on or after January 1, 2020, but before June 30, 2020, and if 22 the amount determined under subsection 2, paragraph “c” for a 23 quarter beginning on or after January 1, 2020, is negative, 24 the governmental entity may file a request with the board to 25 adjust the amount determined and used under subsection 2, 26 paragraph “a” , to be an amount equal to the amount determined 27 under subsection 2, paragraph “b” for that quarter to be used 28 for each corresponding quarter for each of the next five years. 29 Requests for an adjustment under this subsection must be made 30 for each applicable quarter meeting the criteria of this 31 subsection. 32 b. Upon expiration of the five-year period, if the 33 amount under subsection 2, paragraph “b” , exceeds the amount 34 determined for the base year under subsection 2, paragraph “a” , 35 -1- S5157.4508 (1) 88 md/jh 1/ 2 #1.
prior to the adjustment under this subsection 2A, the board 1 shall restore the amount determined and used under subsection 2 2, paragraph “a” to an amount equal to the amount determined 3 for the original base year. If, however, at the expiration of 4 the five-year period, the amount under subsection 2, paragraph 5 “b” , does not exceed the amount determined for the base year 6 under subsection 2, paragraph “a” , prior to the adjustment under 7 this subsection 2A, the board may extend the period of the 8 adjustment for an additional five years. Similar additional 9 reviews shall be conducted by the board every five years 10 thereafter. 11 c. An adjustment to the amount determined under subsection 12 2, paragraph “a” , shall not be construed to allow the amount 13 of remittances received by a governmental entity to otherwise 14 exceed the maximum amount permitted under this chapter. 15 Sec. ___. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. > 17 2. By renumbering as necessary. 18 ______________________________ LIZ MATHIS ______________________________ TODD TAYLOR -2- S5157.4508 (1) 88 md/jh 2/ 2 #2.