Senate File 619 S-3209 Amend Senate File 619 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FUTURE TAX CONTINGENCIES 5 Section 1. 2018 Iowa Acts, chapter 1161, section 133, is 6 amended by striking the section and inserting in lieu thereof 7 the following: 8 SEC. 133. EFFECTIVE DATE. This division of this Act takes 9 effect January 1, 2023. 10 DIVISION II 11 CHILD DEPENDENT AND DEVELOPMENT TAX CREDITS 12 Sec. 2. Section 422.12C, subsection 1, paragraphs f and g, 13 Code 2021, are amended to read as follows: 14 f. For a taxpayer with net income of forty thousand dollars 15 or more but less than forty-five ninety thousand dollars, 16 thirty percent. 17 g. For a taxpayer with net income of forty-five ninety 18 thousand dollars or more, zero percent. 19 Sec. 3. Section 422.12C, subsection 2, paragraph a, Code 20 2021, is amended to read as follows: 21 a. The taxes imposed under this subchapter , less the amounts 22 of nonrefundable credits allowed under this subchapter , may 23 be reduced by an early childhood development tax credit equal 24 to twenty-five percent of the first one thousand dollars 25 which the taxpayer has paid to others for each dependent, as 26 defined in the Internal Revenue Code, ages three through five 27 for early childhood development expenses. In determining the 28 amount of early childhood development expenses for the tax year 29 beginning in the 2006 calendar year only, such expenses paid 30 during November and December of the previous tax year shall 31 be considered paid in the tax year for which the tax credit 32 is claimed. This credit is available to a taxpayer whose net 33 income is less than forty-five ninety thousand dollars. If the 34 early childhood development tax credit is claimed for a tax 35 -1- SF 619.2500 (1) 89 jm/jh 1/ 64 #1.
year, the taxpayer and the taxpayer’s spouse shall not claim 1 the child and dependent care credit under subsection 1 . 2 Sec. 4. RETROACTIVE APPLICABILITY. This division of this 3 Act applies retroactively to tax years beginning on or after 4 January 1, 2021. 5 DIVISION III 6 COVID-19 RELATED GRANTS —— TAXATION 7 Sec. 5. Section 422.7, subsection 62, Code 2021, is amended 8 to read as follows: 9 62. a. Subtract, to the extent included, the amount of 10 any financial assistance qualifying COVID-19 grant provided to 11 an eligible small issued to an individual or business by the 12 economic development authority under the Iowa small business 13 relief grant program created during calendar year 2020 to 14 provide financial assistance to eligible small businesses 15 economically impacted by the COVID-19 pandemic , the Iowa 16 finance authority, or the department of agriculture and land 17 stewardship . 18 b. For purposes of this subsection, “qualifying COVID-19 19 grant” includes any grant that was issued between March 17, 20 2020, and December 31, 2021, identified by the department 21 by rule under a grant program created to primarily provide 22 COVID-19 related financial assistance to economically 23 impacted individuals and businesses located in this state, 24 and administered by the economic development authority, Iowa 25 finance authority, or the department of agriculture and land 26 stewardship. 27 c. The economic development authority, Iowa finance 28 authority, or the department of agriculture and land 29 stewardship shall notify the department of any COVID-19 grant 30 program that may qualify under this subsection in the manner 31 and form prescribed by the department. 32 d. This subsection is repealed January 1, 2024, and does not 33 apply to tax years beginning on or after that date. 34 Sec. 6. Section 422.35, subsection 30, Code 2021, is amended 35 -2- SF 619.2500 (1) 89 jm/jh 2/ 64
to read as follows: 1 30. a. Subtract, to the extent included, the amount of 2 any financial assistance qualifying COVID-19 grant provided 3 to an eligible small issued to a business by the economic 4 development authority under the Iowa small business relief 5 grant program created during calendar year 2020 to provide 6 financial assistance to eligible small businesses economically 7 impacted by the COVID-19 pandemic , the Iowa finance authority, 8 or the department of agriculture and land stewardship . 9 b. For purposes of this subsection, “qualifying COVID-19 10 grant” means the same as defined in section 422.7, subsection 11 62, paragraph “b” . 12 c. The economic development authority, Iowa finance 13 authority, or the department of agriculture and land 14 stewardship shall notify the department of any COVID-19 grant 15 program that may qualify under this subsection in the manner 16 and form prescribed by the department. 17 d. This subsection is repealed January 1, 2024, and does not 18 apply to tax years beginning on or after that date. 19 Sec. 7. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 Sec. 8. RETROACTIVE APPLICABILITY. This division of this 22 Act applies retroactively to March 17, 2020, for tax years 23 ending on or after that date. 24 DIVISION IV 25 FEDERAL PAYCHECK PROTECTION PROGRAM 26 Sec. 9. FEDERAL PAYCHECK PROTECTION PROGRAM. 27 Notwithstanding any other provision of the law to the contrary, 28 for any tax year ending after March 27, 2020, Division N, Tit. 29 II, subtit. B, §276 and §278(a), of the federal Consolidated 30 Appropriations Act, 2021, Pub. L. No. 116-260, applies in 31 computing net income for state tax purposes under section 422.7 32 or 422.35. 33 Sec. 10. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -3- SF 619.2500 (1) 89 jm/jh 3/ 64
DIVISION V 1 STATE INHERITANCE TAX 2 Sec. 11. Section 450.10, Code 2021, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 7. a. In lieu of each rate of tax imposed 5 in subsections 1 through 4, for property passing from the 6 estate of a decedent dying on or after January 1, 2021, but 7 before January 1, 2022, there shall be imposed a rate of tax 8 equal to the applicable tax rate in subsections 1 through 9 4, reduced by twenty percent, and rounded to the nearest 10 one-hundredth of one percent. 11 b. In lieu of each rate of tax imposed in subsections 1 12 through 4, for property passing from the estate of a decedent 13 dying on or after January 1, 2022, but before January 1, 2023, 14 there shall be imposed a rate of tax equal to the applicable 15 tax rate in subsections 1 through 4, reduced by forty percent, 16 and rounded to the nearest one-hundredth of one percent. 17 c. In lieu of each rate of tax imposed in subsections 1 18 through 4, for property passing from the estate of a decedent 19 dying on or after January 1, 2023, but before January 1, 2024, 20 there shall be imposed a rate of tax equal to the applicable 21 tax rate in subsections 1 through 4, reduced by sixty percent, 22 and rounded to the nearest one-hundredth of one percent. 23 d. In lieu of each rate of tax imposed in subsections 1 24 through 4, for property passing from the estate of a decedent 25 dying on or after January 1, 2024, but before January 1, 2025, 26 there shall be imposed a rate of tax equal to the applicable 27 tax rate in subsections 1 through 4, reduced by eighty percent, 28 and rounded to the nearest one-hundredth of one percent. 29 Sec. 12. NEW SECTION . 450.98 Tax repealed. 30 Effective January 1, 2025, this chapter shall not apply to 31 property of estates of decedents dying on or after January 1, 32 2025. The inheritance tax shall not be imposed under this 33 chapter in the event the decedent dies on or after January 1, 34 2025, and, to this extent, this chapter is repealed. 35 -4- SF 619.2500 (1) 89 jm/jh 4/ 64
Sec. 13. NEW SECTION . 450B.8 Tax repealed. 1 Effective January 1, 2025, this chapter shall not apply to 2 property of estates of decedents dying on or after January 1, 3 2025. The qualified use inheritance tax shall not be imposed 4 under this chapter in the event the decedent dies on or after 5 January 1, 2025, and, to this extent, this chapter is repealed. 6 Sec. 14. DEPARTMENT OF REVENUE. The department of revenue 7 is directed to review references to Code chapters 450 and 450B 8 and submit proposed corrections to such references in bill form 9 to the general assembly by the 2022 regular session of the 10 eighty-ninth general assembly. 11 Sec. 15. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 16. RETROACTIVE APPLICABILITY. This division of this 14 Act applies retroactively to the estates of decedents dying on 15 or after January 1, 2021. 16 DIVISION VI 17 HOUSING TRUST FUND 18 Sec. 17. Section 428A.8, subsection 3, Code 2021, is amended 19 to read as follows: 20 3. Notwithstanding subsection 2 , the amount of money that 21 shall be transferred pursuant to this section to the housing 22 trust fund in any one fiscal year shall not exceed three seven 23 million dollars. Any money that otherwise would be transferred 24 pursuant to this section to the housing trust fund in excess 25 of that amount shall be deposited in the general fund of the 26 state. 27 DIVISION VII 28 HIGH QUALITY JOBS PROGRAM —— DAY CARE CENTERS 29 Sec. 18. Section 15.327, Code 2021, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 016. “Licensed center” means the same as 32 defined in section 237A.1. 33 Sec. 19. Section 15.329, Code 2021, is amended by adding the 34 following new subsection: 35 -5- SF 619.2500 (1) 89 jm/jh 5/ 64
NEW SUBSECTION . 3A. In addition to the factors in 1 subsection 3, in determining the eligibility of a business to 2 participate in the program the authority may consider whether a 3 proposed project will provide a licensed center for use by the 4 business’s employees. 5 DIVISION VIII 6 TELEHEALTH 7 Sec. 20. Section 514C.34, subsection 1, Code 2021, is 8 amended by adding the following new paragraphs: 9 NEW PARAGRAPH . 0a. “Covered person” means the same as 10 defined in section 514J.102. 11 NEW PARAGRAPH . 00a. “Facility” means the same as defined in 12 section 514J.102. 13 NEW PARAGRAPH . 0c. “Health carrier” means the same as 14 defined in section 514J.102. 15 Sec. 21. Section 514C.34, subsection 1, paragraph c, Code 16 2021, is amended to read as follows: 17 c. “Telehealth” means the delivery of health care services 18 through the use of real-time interactive audio and video , or 19 other real-time interactive electronic media, regardless of 20 where the health care professional and the covered person are 21 each located . “Telehealth” does not include the delivery of 22 health care services delivered solely through an audio-only 23 telephone, electronic mail message, or facsimile transmission. 24 Sec. 22. Section 514C.34, Code 2021, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 3A. a. A health carrier shall reimburse 27 a health care professional and a facility for health care 28 services provided by telehealth to a covered person for a 29 mental health condition, illness, injury, or disease on the 30 same basis and at the same rate as the health carrier would 31 apply to the same health care services for a mental health 32 condition, illness, injury, or disease provided in person to a 33 covered person by the health care professional or the facility. 34 b. As a condition of reimbursement pursuant to paragraph 35 -6- SF 619.2500 (1) 89 jm/jh 6/ 64
“a” , a health carrier shall not require that an additional 1 health care professional be located in the same room as a 2 covered person while health care services for a mental health 3 condition, illness, injury, or disease are provided via 4 telehealth by another health care professional to the covered 5 person. 6 Sec. 23. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 Sec. 24. RETROACTIVE APPLICABILITY. This division of 9 this Act applies to health care services for a mental health 10 condition, illness, injury, or disease provided by a health 11 care professional or a facility to a covered person by 12 telehealth on or after January 1, 2021. 13 DIVISION IX 14 HIGH QUALITY JOBS AND RENEWABLE CHEMICAL PRODUCTION TAX CREDITS 15 Sec. 25. Section 15.119, subsection 2, paragraph a, 16 subparagraphs (2) and (3), Code 2021, are amended to read as 17 follows: 18 (2) In allocating tax credits pursuant to this subsection 19 for each fiscal year of the fiscal period beginning July 1, 20 2016, and ending June 30, 2021 the fiscal year beginning July 21 1, 2021, and for each fiscal year thereafter , the authority 22 shall not allocate more than one hundred five seventy million 23 dollars for purposes of this paragraph. This subparagraph (2) 24 is repealed July 1, 2021. 25 (3) (a) In allocating tax credits pursuant to this 26 subsection for the fiscal year beginning July 1, 2021, and 27 ending June 30, 2022, the authority shall not allocate more 28 than one hundred five million dollars for purposes of this 29 paragraph if the aggregate amount of renewable chemical 30 production tax credits under section 15.319 that were awarded 31 on or after July 1, 2018, but before July 1, 2021, equals or 32 exceeds twenty-seven million dollars. 33 (b) As soon as practicable after June 30, 2021, the 34 authority shall notify the general assembly of the aggregate 35 -7- SF 619.2500 (1) 89 jm/jh 7/ 64
amount of renewable chemical production tax credits awarded 1 under section 15.319 on or after July 1, 2018, but before 2 July 1, 2021, and whether or not the tax credit allocation 3 limitation described in subparagraph division (a) is 4 applicable. 5 (c) This subparagraph (3) is repealed July 1, 2022. 6 Sec. 26. Section 15.119, subsection 2, paragraph h, Code 7 2021, is amended to read as follows: 8 h. The renewable chemical production tax credit program 9 administered pursuant to sections 15.315 through 15.322 . In 10 allocating tax credits pursuant to this subsection for the 11 fiscal year beginning July 1, 2021, and for each fiscal year 12 thereafter , the authority shall not allocate more than ten five 13 million dollars for purposes of this paragraph. This paragraph 14 is repealed July 1, 2030. 15 Sec. 27. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION X 18 HIGH QUALITY JOBS —— ELIGIBILITY REQUIREMENTS 19 Sec. 28. HIGH QUALITY JOBS —— REDUCTIONS IN OPERATIONS. 20 1. Notwithstanding section 15.329, subsection 1, paragraph 21 “b”, subparagraph (2), the economic development authority shall 22 not presume that a reduction in operations is a reduction in 23 operations while simultaneously applying for assistance with 24 regard to a business that submits an application on or before 25 June 30, 2022, if the business demonstrates to the satisfaction 26 of the authority all of the following: 27 a. That the reduction in operations occurred after March 1, 28 2020. 29 b. That the reduction in operations was caused by the 30 COVID-19 pandemic. 31 2. The economic development authority shall consider 32 whether the benefit of the project proposed by a business 33 under subsection 1 outweighs any negative impact related to 34 the business’s reduction in operations. The business shall 35 -8- SF 619.2500 (1) 89 jm/jh 8/ 64
remain subject to all other eligibility requirements pursuant 1 to section 15.329. 2 3. This section is repealed July 1, 2022. 3 DIVISION XI 4 MANUFACTURING 4.0 5 Sec. 29. NEW SECTION . 15.371 Manufacturing 4.0 technology 6 investment program. 7 1. This section shall be known as and may be cited as the 8 “Manufacturing 4.0 Technology Investment Program” . 9 2. For purposes of this section unless the context otherwise 10 requires: 11 a. “Financial assistance” means the same as defined in 12 section 15.102. 13 b. “Manufacturing 4.0 technology investments” means projects 14 that are intended to lead to the adoption of, and integration 15 of, smart technologies into existing manufacturing operations 16 located in the state by mitigating the risk to the manufacturer 17 of significant technology investments. Projects may include 18 investments in specialized hardware, software, or other 19 equipment intended to assist a manufacturer in increasing the 20 manufacturer’s productivity, efficiency, and competitiveness. 21 3. a. A manufacturing 4.0 technology investment fund 22 is created within the state treasury under the control of 23 the authority for the purpose of financing manufacturing 4.0 24 technology investments as described in this section. 25 b. The fund may be administered as a revolving fund and 26 may consist of any moneys appropriated by the general assembly 27 for purposes of this section and any other moneys that are 28 lawfully available to the authority. Any moneys appropriated 29 to the fund shall be used for purposes of the manufacturing 30 4.0 technology investment program. The authority may use all 31 other moneys in the fund, including interest, earnings, and 32 recaptures, for purposes of this section. 33 c. Notwithstanding section 8.33, moneys appropriated in this 34 section that remain unencumbered or unobligated at the close of 35 -9- SF 619.2500 (1) 89 jm/jh 9/ 64
the fiscal year shall not revert but shall remain available for 1 expenditure for the purposes designated until the close of the 2 succeeding fiscal year. 3 d. Notwithstanding any law to the contrary, the authority 4 may transfer any unobligated and unencumbered moneys in the 5 fund, except for moneys appropriated for purposes of this 6 section, to any fund created pursuant to section 15.106A, 7 subsection 1, paragraph “o” . 8 4. The authority shall establish and administer a 9 manufacturing 4.0 technology investment program and shall use 10 moneys in the fund to award financial assistance to eligible 11 manufacturers for manufacturing 4.0 technology investments. 12 5. To be eligible for a financial assistance award under the 13 manufacturing 4.0 technology investment program, a manufacturer 14 must do all of the following: 15 a. Manufacture goods at a facility located in this state. 16 b. Have a North American industry classification system 17 number within the manufacturing sector range of 31-33. 18 c. Have been an established business for a minimum of three 19 years prior to the date of application to the program. 20 d. Derive a minimum of fifty-one percent of the 21 manufacturer’s gross revenue from the sale of manufactured 22 goods. 23 e. Employ a minimum of three full-time employees and no 24 more than seventy-five full-time employees across all of the 25 manufacturer’s locations. 26 f. Have an assessment of the manufacturer’s proposed 27 manufacturing 4.0 technology investment completed by the center 28 for industrial research and service at Iowa state university of 29 science and technology. 30 g. Demonstrate the ability to provide matching financial 31 support for the manufacturer’s manufacturing 4.0 technology 32 investment on a one-to-one basis. The matching financial 33 support must be obtained from private sources. 34 6. Eligible manufacturers shall submit applications to the 35 -10- SF 619.2500 (1) 89 jm/jh 10/ 64
manufacturing 4.0 technology investment program in the manner 1 prescribed by the authority by rule. 2 7. a. The authority may accept applications during one 3 or more application periods each fiscal year as determined by 4 the authority. All completed applications shall be reviewed 5 and scored on a competitive basis pursuant to rules adopted by 6 the authority. The authority may engage an outside technical 7 review panel to complete technical reviews of applications. 8 The board shall review the recommendations of the authority 9 and of the technical review panel, if applicable, and shall 10 approve, defer, or deny each application. 11 b. In making recommendations to the board, the authority and 12 the technical review panel, if applicable, shall consider all 13 of the following: 14 (1) The completeness of the manufacturer’s application. 15 (2) Whether the board should approve or deny an application. 16 (3) If the board approves an application, the type and 17 amount of financial assistance that should to be awarded to the 18 applicant. 19 (4) The percentage of the manufacturer’s gross revenue 20 that is derived from the sale of manufactured goods pursuant 21 to subsection 5, paragraph “d” . 22 (5) Whether the manufacturer’s proposed manufacturing 23 4.0 technology investment is consistent with the assessment 24 completed by the center for industrial research and service at 25 Iowa state university of science and technology pursuant to 26 subsection 5, paragraph “f” . 27 c. The board shall not approve an application for financial 28 assistance for a manufacturing 4.0 technology investment that 29 was made prior to the date of the application. 30 8. From moneys appropriated to the manufacturing 4.0 31 technology investment fund from the general fund of the state 32 and any other state moneys lawfully available to the authority 33 for the manufacturing 4.0 technology investment program, the 34 maximum amount of financial assistance awarded from such moneys 35 -11- SF 619.2500 (1) 89 jm/jh 11/ 64
to an eligible manufacturer shall not exceed seventy-five 1 thousand dollars. 2 9. The authority shall adopt rules pursuant to chapter 17A 3 necessary to implement and administer this section. 4 DIVISION XII 5 ENERGY INFRASTRUCTURE REVOLVING LOAN PROGRAM 6 Sec. 30. Section 476.10A, subsection 2, Code 2021, is 7 amended to read as follows: 8 2. Notwithstanding section 8.33 , any unexpended moneys 9 remitted to the treasurer of state under this section shall be 10 retained for the purposes designated. Notwithstanding section 11 12C.7, subsection 2 , interest or earnings on investments or 12 time deposits of the moneys remitted under this section shall 13 be retained and used for the purposes designated, pursuant to 14 section 476.46 . 15 Sec. 31. Section 476.46, subsection 2, paragraph e, 16 subparagraph (3), Code 2021, is amended to read as follows: 17 (3) Interest on the fund shall be deposited in the fund. 18 A portion of the interest on the fund, not to exceed fifty 19 percent of the total interest accrued, shall be used for 20 promotion and administration of the fund. 21 Sec. 32. Section 476.46, Code 2021, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 3. The Iowa energy center shall not 24 initiate any new loans under this section after June 30, 2021. 25 NEW SUBSECTION . 4. Loan payments received under this 26 section on or after July 1, 2021, and any other moneys in the 27 fund on or after July 1, 2021, shall be deposited in the energy 28 infrastructure revolving loan fund created in section 476.46A. 29 Sec. 33. NEW SECTION . 476.46A Energy infrastructure 30 revolving loan program. 31 1. a. An energy infrastructure revolving loan fund is 32 created in the office of the treasurer of state and shall be 33 administered by the Iowa energy center established in section 34 15.120. 35 -12- SF 619.2500 (1) 89 jm/jh 12/ 64
b. The fund may be administered as a revolving fund and may 1 consist of any moneys appropriated by the general assembly for 2 purposes of this section and any other moneys that are lawfully 3 directed to the fund. 4 c. Moneys in the fund shall be used to provide financial 5 assistance for the development and construction of energy 6 infrastructure, including projects that support electric or gas 7 generation transmission, storage, or distribution; electric 8 grid modernization; energy-sector workforce development; 9 emergency preparedness for rural and underserved areas; the 10 expansion of biomass, biogas, and renewable natural gas; 11 innovative technologies; and the development of infrastructure 12 for alternative fuel vehicles. 13 d. Notwithstanding section 8.33, moneys appropriated in this 14 section that remain unencumbered or unobligated at the close of 15 the fiscal year shall not revert but shall remain available for 16 expenditure for the purposes designated until the close of the 17 succeeding fiscal year. 18 e. Notwithstanding section 12C.7, subsection 2, interest or 19 earnings on moneys in the fund shall be credited to the fund. 20 2. a. The Iowa energy center shall establish and administer 21 an energy infrastructure revolving loan program to encourage 22 the development of energy infrastructure within the state. 23 b. An individual, business, rural electric cooperative, or 24 municipal utility located and operating in this state shall be 25 eligible for financial assistance under the program. With the 26 approval of the Iowa energy center governing board established 27 under section 15.120, subsection 2, the economic development 28 authority shall determine the amount and the terms of all 29 financial assistance awarded to an individual, business, rural 30 electric cooperative, or municipal utility under the program. 31 All agreements and administrative authority sha11 be vested in 32 the Iowa energy center governing board. 33 c. The economic development authority may use not more than 34 five percent of the moneys in the fund at the beginning of each 35 -13- SF 619.2500 (1) 89 jm/jh 13/ 64
fiscal year for purposes of administrative costs, marketing, 1 technical assistance, and other program support. 2 3. For the purposes of this section: 3 a. “Energy infrastructure” means land, buildings, physical 4 plant and equipment, and services directly related to the 5 development of projects used for, or useful for, electricity or 6 gas generation, transmission, storage, or distribution. 7 b. “Financial assistance” means the same as defined in 8 section 15.102. 9 Sec. 34. ALTERNATE ENERGY REVOLVING LOAN FUND —— MONEYS 10 TRANSFERRED AND APPROPRIATED. Any unencumbered or unobligated 11 moneys remaining after June 30, 2021, in the alternate energy 12 revolving loan fund created pursuant to section 476.46, are 13 transferred and appropriated to the energy infrastructure 14 revolving loan fund created pursuant to section 476.46A, to be 15 used for purposes of the energy infrastructure revolving loan 16 program. 17 DIVISION XIII 18 WORKFORCE HOUSING TAX INCENTIVES 19 Sec. 35. Section 15.119, subsection 2, paragraph g, Code 20 2021, is amended to read as follows: 21 g. (1) The workforce housing tax incentives program 22 administered pursuant to sections 15.351 through 15.356 . 23 In allocating tax credits pursuant to this subsection , the 24 authority shall not allocate more than twenty-five thirty-five 25 million dollars for purposes of this paragraph. Of the moneys 26 allocated under this paragraph, ten seventeen million five 27 hundred thousand dollars shall be reserved for allocation to 28 qualified housing projects in small cities, as defined in 29 section 15.352 , that are registered on or after July 1, 2017. 30 (2) (a) Notwithstanding subparagraph (1), in allocating 31 tax credits pursuant to this subsection for the fiscal year 32 beginning July 1, 2021, and ending June 30, 2022, the authority 33 shall not allocate more than forty million dollars for the 34 purposes of this paragraph. Of the moneys allocated under 35 -14- SF 619.2500 (1) 89 jm/jh 14/ 64
this paragraph for the fiscal year beginning July 1, 2021, and 1 ending June 30, 2022, twelve million dollars shall be reserved 2 for allocation to qualified housing projects in small cities, 3 as defined in section 15.352, that are registered on or after 4 July 1, 2017. 5 (b) This subparagraph is repealed July 1, 2022. 6 Sec. 36. Section 15.354, subsection 3, paragraph d, Code 7 2021, is amended to read as follows: 8 d. Upon completion of a housing project, an a housing 9 business shall submit all of the following to the authority: 10 (1) An examination of the project in accordance with the 11 American institute of certified public accountants’ statements 12 on standards for attestation engagements, completed by a 13 certified public accountant authorized to practice in this 14 state , shall be submitted to the authority . 15 (2) A statement of the final amount of qualifying new 16 investment for the housing project. 17 (3) Any information the authority deems necessary to ensure 18 compliance with the agreement signed by the housing business 19 pursuant to paragraph “a” , the requirements of this part, 20 and rules the authority and the department of revenue adopt 21 pursuant to section 15.356. 22 Sec. 37. Section 15.354, subsection 3, paragraph e, 23 subparagraph (1), Code 2021, is amended to read as follows: 24 (1) Upon review of the examination , and verification of 25 the amount of the qualifying new investment, and review of 26 any other information submitted pursuant to paragraph “d” , 27 subparagraph (3), the authority may notify the housing business 28 of the amount that the housing business may claim as a refund 29 of the sales and use tax under section 15.355, subsection 2 , 30 and may issue a tax credit certificate to the housing business 31 stating the amount of workforce housing investment tax credits 32 under section 15.355 , subsection 3 , the eligible housing 33 business may claim. The sum of the amount that the housing 34 business may claim as a refund of the sales and use tax and 35 -15- SF 619.2500 (1) 89 jm/jh 15/ 64
the amount of the tax credit certificate shall not exceed the 1 amount of the tax incentive award. 2 Sec. 38. Section 15.354, subsection 6, paragraphs b and c, 3 Code 2021, are amended to read as follows: 4 b. Notwithstanding subsection 1 , the authority may accept 5 applications for disaster recovery housing projects on a 6 continuous basis establish a disaster recovery application 7 period following the declaration of a major disaster by the 8 president of the United States for a county in Iowa . 9 c. Notwithstanding subsection 2 , paragraphs “a” , “b” , and 10 “d” , upon Upon review of a housing business’s application , 11 and scoring of all applications received during a disaster 12 recovery application period, the authority may make a tax 13 incentive award to a disaster recovery housing project. The 14 tax incentive award shall represent the maximum amount of tax 15 incentives that the disaster recovery housing project may 16 qualify for under the program. In determining a tax incentive 17 award, the authority shall not use an amount of project costs 18 that exceeds the amount included in the application of the 19 housing business. Tax incentive awards shall be approved by 20 the director of the authority. 21 Sec. 39. Section 15.355, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. A housing business may claim a refund of the sales and 24 use taxes paid under chapter 423 that are directly related to 25 a housing project and specified in the agreement. The refund 26 available pursuant to this subsection shall be as provided in 27 section 15.331A , excluding subsection 2 , paragraph “c” , of 28 that section. For purposes of the program, the term “project 29 completion” , as used in section 15.331A , shall mean the date 30 on which the authority notifies the department of revenue that 31 all applicable requirements of an the agreement entered into 32 pursuant to section 15.354 , subsection 3, paragraph “a” , and 33 all applicable requirements of this part, including the rules 34 the authority and the department of revenue adopted pursuant to 35 -16- SF 619.2500 (1) 89 jm/jh 16/ 64
section 15.356, are satisfied. 1 DIVISION XIV 2 BROWNFIELDS AND GRAYFIELDS 3 Sec. 40. Section 15.119, subsection 3, Code 2021, is amended 4 to read as follows: 5 3. In allocating the amount of tax credits authorized 6 pursuant to subsection 1 among the programs specified in 7 subsection 2 , the authority shall not allocate more than ten 8 fifteen million dollars for purposes of subsection 2 , paragraph 9 “f” . 10 Sec. 41. Section 15.293A, subsection 8, Code 2021, is 11 amended to read as follows: 12 8. This section is repealed on June 30, 2021 2031 . 13 Sec. 42. Section 15.293B, Code 2021, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 5A. a. Tax credits revoked under 16 subsection 3 including tax credits revoked up to five years 17 prior to the effective date of this division of this Act, and 18 tax credits not awarded under subsection 4 or 5, may be awarded 19 in the next annual application period established in subsection 20 1, paragraph “c” . 21 b. Tax credits awarded pursuant to paragraph “a” shall not 22 be counted against the limit under section 15.119, subsection 23 3. 24 Sec. 43. Section 15.293B, subsection 7, Code 2021, is 25 amended to read as follows: 26 7. This section is repealed on June 30, 2021 2031 . 27 Sec. 44. EFFECTIVE DATE. The following, being deemed of 28 immediate importance, take effect upon enactment: 29 1. The section of this division of this Act amending section 30 15.293A, subsection 8. 31 2. The section of this division of this Act amending section 32 15.293B, subsection 7. 33 DIVISION XV 34 DOWNTOWN LOAN GUARANTEE PROGRAM 35 -17- SF 619.2500 (1) 89 jm/jh 17/ 64
Sec. 45. NEW SECTION . 15.431 Downtown loan guarantee 1 program. 2 1. The economic development authority, in partnership with 3 the Iowa finance authority, shall establish and administer a 4 downtown loan guarantee program to encourage Iowa downtown 5 businesses and banks to reinvest and reopen following the 6 COVID-19 pandemic. 7 2. In order for a loan to be guaranteed, all of the 8 following conditions must be true: 9 a. The loan finances an eligible downtown resource center 10 community catalyst building remediation grant project or main 11 street Iowa challenge grant within a designated district. 12 b. The loan finances a rehabilitation project, or finances 13 acquisition or refinancing costs associated with the project. 14 c. At least twenty-five percent of the project costs are 15 used for construction on the project or renovation. 16 d. The project includes a housing component. 17 e. The loan is used for construction of the project, 18 permanent financing of the project, or both. 19 f. A federally insured financial lending institution issued 20 the loan. 21 g. The loan does not reimburse the borrower for working 22 capital, operations, or similar expenses. 23 h. The project meets downtown resource center and main 24 street Iowa design review. 25 3. a. For a loan amount less than or equal to five hundred 26 thousand dollars, the economic development authority may 27 guarantee up to fifty percent of the loan amount. 28 b. For a loan amount greater than five hundred thousand 29 dollars, the economic development authority may provide a 30 maximum loan guarantee of up to two hundred fifty thousand 31 dollars. 32 4. A project loan must be secured by a mortgage against the 33 project property. 34 5. The economic development authority may guarantee loans 35 -18- SF 619.2500 (1) 89 jm/jh 18/ 64
for up to five years. The economic development authority 1 may extend the loan guarantee for an additional five years 2 if an underwriting review finds that an extension would be 3 beneficial. 4 6. The lender shall pay an annual loan guarantee fee as set 5 forth by rule. 6 7. The economic development authority reserves the right 7 to deny a loan guarantee for unreasonable bank loan fees or 8 interest rate. 9 8. The loan must not be insured or guaranteed by another 10 local, state, or federal guarantee program. 11 9. The loan guarantee is not transferable if the loan or the 12 project is sold or transferred. 13 10. In the event of a loss due to default, the loan 14 guarantee proportionally pays the guarantee percentage of the 15 loss to the lender. 16 11. Moneys for the program may consist of any moneys 17 appropriated by the general assembly for purposes of this 18 section, and any other moneys that are lawfully available 19 to the economic development authority, including moneys 20 transferred or deposited from other funds created pursuant to 21 section 15.106A, subsection 1, paragraph “o” . 22 DIVISION XVI 23 DISASTER RECOVERY HOUSING ASSISTANCE 24 Sec. 46. NEW SECTION . 16.57A Transfer of unobligated or 25 unencumbered funds —— report. 26 1. Notwithstanding any other provision of law to the 27 contrary, the authority may transfer any unobligated and 28 unencumbered moneys in any revolving loan program fund created 29 pursuant to section 16.46, 16.47, 16.48, or 16.49, for deposit 30 in the disaster recovery housing assistance fund created in 31 section 16.57B. 32 2. Notwithstanding section 8.39, and any other law to 33 the contrary, with the prior written consent and approval of 34 the governor, the executive director of the authority may 35 -19- SF 619.2500 (1) 89 jm/jh 19/ 64
transfer any unobligated and unencumbered moneys in any fund 1 created pursuant to section 16.5, subsection 1, paragraph 2 “s” , for deposit in the disaster recovery housing assistance 3 fund created in section 16.57B. The prior written consent and 4 approval of the director of the department of management shall 5 not be required to transfer the unobligated and unencumbered 6 moneys. 7 3. Notwithstanding section 8.39, and any other law to the 8 contrary, with the prior written approval of the governor, the 9 director of the economic development authority may transfer 10 any unobligated and unencumbered moneys in any fund created 11 pursuant to section 15.106A, subsection 1, paragraph “o” , 12 for deposit in the disaster recovery housing assistance fund 13 created in section 16.57B. 14 4. Any transfer made under this section shall be reported in 15 the same manner as provided in section 8.39, subsection 5. 16 Sec. 47. NEW SECTION . 16.57B Disaster recovery housing 17 assistance program —— fund. 18 1. Definitions. As used in this section, unless the context 19 otherwise requires: 20 a. Disaster-affected home” means a primary residence that 21 is destroyed or damaged due to a natural disaster that occurs 22 on or after the effective date of this division of this Act, 23 and the primary residence is located in a county that is the 24 subject of a state of disaster emergency proclamation by the 25 governor that authorizes disaster recovery housing assistance. 26 b. “Fund” means the disaster recovery housing assistance 27 fund. 28 c. “Local program administrator” means any of the following: 29 (1) The cities of Ames, Cedar Falls, Cedar Rapids, Council 30 Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo, 31 and West Des Moines. 32 (2) A council of governments whose territory includes at 33 least one county that is the subject of a state of disaster 34 emergency proclamation by the governor that authorizes disaster 35 -20- SF 619.2500 (1) 89 jm/jh 20/ 64
recovery housing assistance or the eviction prevention program 1 under section 16.57C on or after the effective date of this 2 division of this Act. 3 (3) A community action agency as defined in section 216A.91 4 and whose territory includes at least one county that is the 5 subject of a state of disaster emergency proclamation by the 6 governor that authorizes disaster recovery housing assistance 7 or the eviction prevention program under section 16.57C on or 8 after the effective date of this division of this Act. 9 (4) A qualified local organization or governmental entity 10 as determined by rules adopted by the authority. 11 d. “Program” means the disaster recovery housing assistance 12 program. 13 e. “Replacement housing” means housing purchased 14 by a homeowner or leased by a renter needed to replace 15 a disaster-affected home that is destroyed or damaged 16 beyond reasonable repair as determined by a local program 17 administrator. 18 f. “State of disaster emergency” means the same as described 19 in section 29C.6, subsection 1. 20 2. Fund. 21 a. (1) A disaster recovery housing assistance fund is 22 created within the authority. The moneys in the fund shall be 23 used by the authority for the development and operation of a 24 forgivable loan and grant program for homeowners and renters 25 with disaster-affected homes, and for the eviction prevention 26 program pursuant to section 16.57C. 27 (2) Notwithstanding section 12C.7, subsection 2, interest 28 or earnings on moneys deposited in the fund shall be credited 29 to the fund. Notwithstanding section 8.33, moneys credited to 30 the fund shall not revert at the close of a fiscal year. 31 b. Moneys transferred by the authority for deposit in the 32 fund, moneys appropriated to the fund, and any other moneys 33 available to and obtained or accepted by the authority for 34 placement in the fund shall be deposited in the fund. 35 -21- SF 619.2500 (1) 89 jm/jh 21/ 64
c. The authority shall not use more than five percent of 1 the moneys in the fund on July 1 of a fiscal year for purposes 2 of administrative costs and other program support during the 3 fiscal year. 4 3. Program. 5 a. The authority shall establish and administer a disaster 6 recovery housing assistance program and shall use moneys in 7 the fund to award forgivable loans to eligible homeowners and 8 grants to eligible renters of disaster-affected homes. Moneys 9 in the fund may be expended following a state of disaster 10 emergency proclamation by the governor pursuant to section 11 29C.6 that authorizes disaster recovery housing assistance. 12 b. The authority may enter into an agreement with one or 13 more local program administrators to administer the program. 14 4. Registration required. To be considered for a forgivable 15 loan or grant under the program, a homeowner or renter must 16 register for the disaster case management program established 17 pursuant to section 29C.20B. The disaster case manager may 18 refer the homeowner or renter to the appropriate local program 19 administrator. 20 5. Homeowners. 21 a. To be eligible for a forgivable loan under the program, 22 all of the following requirements shall apply: 23 (1) The homeowner’s disaster-affected home must have 24 sustained damage greater than the damage that is covered by the 25 homeowner’s property and casualty insurance policy insuring the 26 home plus any other state or federal disaster-related financial 27 assistance that the homeowner is eligible to receive. 28 (2) A local official must either deem the disaster-affected 29 home suitable for rehabilitation or damaged beyond reasonable 30 repair. 31 (3) The disaster-affected home is not eligible for buyout by 32 the county or city where the disaster-affected home is located, 33 or the disaster-affected home is eligible for a buyout by the 34 county or city where the disaster-affected home is located, but 35 -22- SF 619.2500 (1) 89 jm/jh 22/ 64
the homeowner is requesting a forgivable loan for the repair 1 or rehabilitation of the homeowner’s disaster-affected home in 2 lieu of a buyout. 3 (4) Assistance under the program must not duplicate 4 benefits provided by any local, state, or federal disaster 5 recovery assistance program. 6 b. If a homeowner is referred to the authority or to a 7 local program administrator by the disaster case manager of the 8 homeowner, the authority may award a forgivable loan to the 9 eligible homeowner for any of the following purposes: 10 (1) Repair or rehabilitation of the disaster-affected home. 11 (2) (a) Down payment assistance on the purchase of 12 replacement housing, and the cost of reasonable repairs to be 13 performed on the replacement housing to render the replacement 14 housing decent, safe, sanitary, and in good repair. 15 (b) Replacement housing shall not be located in a 16 one-hundred-year floodplain. 17 (c) For purposes of this subparagraph, “decent, safe, 18 sanitary, and in good repair” means the same as described in 24 19 C.F.R. §5.703. 20 c. The authority shall determine the interest rate for the 21 forgivable loan. 22 d. If a homeowner who has been awarded a forgivable loan 23 sells a disaster-affected home or replacement housing for which 24 the homeowner received the forgivable loan prior to the end 25 of the loan term, the remaining principal on the forgivable 26 loan shall be due and payable pursuant to rules adopted by the 27 authority. 28 6. Renters. 29 a. To be eligible for a grant under the program, all of the 30 following requirements shall apply: 31 (1) A local program administrator either deems 32 the disaster-affected home of the renter suitable for 33 rehabilitation but unsuitable for current short-term 34 habitation, or the disaster-affected home is damaged beyond 35 -23- SF 619.2500 (1) 89 jm/jh 23/ 64
reasonable repair. 1 (2) Assistance under the program must not duplicate 2 benefits provided by any local, state, or federal disaster 3 recovery assistance program. 4 b. If a renter is referred to the authority or to a local 5 program administrator by the disaster case manager of the 6 renter, the authority may award a grant to the eligible renter 7 to provide short-term financial assistance for the payment of 8 rent for replacement housing. 9 7. Report. On or before January 31 of each year, the 10 authority shall submit a report to the general assembly 11 that identifies all of the following for the calendar year 12 immediately preceding the year of the report: 13 a. The date of each state of disaster emergency proclamation 14 by the governor that authorized disaster recovery housing 15 assistance under this section. 16 b. The total number of forgivable loans and grants awarded. 17 c. The total number of forgivable loans, and the amount of 18 each loan awarded for repair or rehabilitation. 19 d. The total number of forgivable loans, and the amount of 20 each loan, awarded for down payment assistance on the purchase 21 of replacement housing and the cost of reasonable repairs to be 22 performed on the replacement housing to render the replacement 23 housing decent, safe, sanitary, and in good repair. 24 e. The total number of grants, and the amount of each grant, 25 awarded for rental assistance. 26 f. The total number of forgivable loans and grants awarded 27 in each county in which at least one homeowner or renter has 28 been awarded a forgivable loan or grant. 29 g. Each local program administrator involved in the 30 administration of the program. 31 h. The total amount of forgivable loan principal repaid. 32 Sec. 48. NEW SECTION . 16.57C Eviction prevention program. 33 1. a. “Eligible renter” means a renter whose income meets 34 the qualifications of the program, who is at risk of eviction, 35 -24- SF 619.2500 (1) 89 jm/jh 24/ 64
and who resides in a county that is the subject of a state of 1 disaster emergency proclamation by the governor that authorizes 2 the eviction prevention program. 3 b. “Eviction prevention partner” means a qualified local 4 organization or governmental entity as determined by rule by 5 the authority. 6 2. The authority shall establish and administer an eviction 7 prevention program. Under the eviction prevention program, 8 the authority shall award grants to eligible renters and to 9 eviction prevention partners for purposes of this section. 10 Grants may be awarded upon a state of disaster emergency 11 proclamation by the governor that authorizes the eviction 12 prevention program. Eviction prevention assistance shall be 13 paid out of the fund established in section 16.57B. 14 3. a. Grants awarded to eligible renters pursuant to this 15 section shall be used for short-term financial rent assistance 16 to keep eligible renters in the current residences of such 17 renters. 18 b. Grants awarded to eviction prevention partners pursuant 19 to this section shall be used to pay for rent or services 20 provided to eligible renters for the purpose of preventing the 21 eviction of eligible renters. 22 4. The authority may enter into an agreement with one or 23 more local program administrators to administer the program. 24 Sec. 49. NEW SECTION . 16.57D Rules. 25 The authority shall adopt rules pursuant to chapter 17A to 26 implement and administer this part, including rules to do all 27 of the following: 28 1. Establish the maximum forgivable loan and grant amounts 29 awarded under the program. 30 2. Establish the terms of any forgivable loan provided under 31 the program. 32 3. Income qualifications of eligible renters in the 33 eviction prevention program. 34 Sec. 50. CODE EDITOR DIRECTIVE. The Code editor shall 35 -25- SF 619.2500 (1) 89 jm/jh 25/ 64
designate sections 16.57A through 16.57D, as enacted by 1 this division of this Act, as a new part within chapter 16, 2 subchapter VIII, and may redesignate the new and preexisting 3 parts, replace references to sections 16.57A through 16.57D 4 with references to the new part, and correct internal 5 references as necessary, including references in subchapter or 6 part headnotes. 7 Sec. 51. EFFECTIVE DATE. This division of this Act, being 8 deemed of immediate importance, takes effect upon enactment. 9 DIVISION XVII 10 BONUS DEPRECIATION 11 Sec. 52. Section 422.7, subsection 39A, Code 2021, is 12 amended by striking the subsection. 13 Sec. 53. Section 422.35, subsection 19A, Code 2021, is 14 amended by striking the subsection. 15 Sec. 54. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to January 1, 2021, for tax years 17 beginning on or after that date, and for qualified property 18 placed in service on or after that date. 19 DIVISION XVIII 20 BUSINESS INTEREST EXPENSE DEDUCTION 21 Sec. 55. Section 422.7, subsection 60, paragraph b, Code 22 2021, is amended by striking the paragraph. 23 Sec. 56. Section 422.35, subsection 27, paragraph b, Code 24 2021, is amended by striking the paragraph. 25 Sec. 57. RETROACTIVE APPLICABILITY. This division of this 26 Act applies retroactively to January 1, 2021, for tax years 27 beginning on or after that date. 28 DIVISION XIX 29 BEGINNING FARMER TAX CREDIT 30 Sec. 58. Section 16.58, subsections 1, 2, and 3, Code 2021, 31 are amended to read as follows: 32 1. “Agricultural assets” means agricultural land, 33 agricultural improvements, depreciable agricultural property, 34 crops, or livestock. 35 -26- SF 619.2500 (1) 89 jm/jh 26/ 64
2. “Agricultural improvements” improvement” means any 1 improvements, including buildings, structures, or fixtures 2 suitable for use in farming which are , if located on any size 3 parcel of agricultural land. 4 3. “Agricultural land” means land suitable for use in 5 farming , any portion of which may include an agricultural 6 improvement . 7 Sec. 59. Section 16.77, subsection 2, Code 2021, is amended 8 to read as follows: 9 2. “Agricultural lease agreement” or “agreement” means an 10 agreement for the transfer of agricultural assets , that must at 11 least include a lease of agricultural land, from an eligible 12 taxpayer to a qualified beginning farmer as provided in section 13 16.79A . 14 Sec. 60. Section 16.79A, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. a. A beginning farmer tax credit is allowed only for 17 agricultural assets that are subject to an agricultural lease 18 agreement entered into by an eligible taxpayer and a qualifying 19 beginning farmer participating in the beginning farmer tax 20 credit program established pursuant to section 16.78 . 21 b. The tax credit is allowed regardless of whether the 22 principle agricultural asset is soil, pasture, or a building or 23 other structure used in farming. 24 Sec. 61. Section 16.79A, subsection 2, Code 2021, is amended 25 to read as follows: 26 2. The agreement must include the lease of agricultural 27 land located in this state , including any or agricultural 28 improvements located in this state , and may provide for the 29 rental of agricultural equipment as defined in section 322F.1 . 30 Sec. 62. Section 16.79A, subsection 3, paragraph c, Code 31 2021, is amended to read as follows: 32 c. The agreement must be for at least two years, but not 33 more than five years. The agreement may be renewed any number 34 of times by the eligible taxpayer and qualified beginning 35 -27- SF 619.2500 (1) 89 jm/jh 27/ 64
farmer for a term of at least two years, but not more than five 1 years. However, an eligible taxpayer shall not participate in 2 the program for more than fifteen years. 3 Sec. 63. Section 16.81, subsection 4, Code 2021, is amended 4 by striking the subsection. 5 Sec. 64. Section 16.81, subsection 6, Code 2021, is amended 6 to read as follows: 7 6. The authority shall approve all beginning farmer tax 8 credit applications that meet the requirements of this subpart 9 and make tax credit awards on a first-come, first-served basis, 10 subject to the limitations in section 16.82A . An eligible 11 taxpayer may apply and be approved to enter into agreements 12 with different qualified beginning farmers. 13 Sec. 65. Section 16.82, subsection 5, Code 2021, is amended 14 to read as follows: 15 5. The amount of tax credits that may be awarded to an 16 eligible taxpayer for any one year under all agreements an 17 agreement shall not exceed fifty thousand dollars. 18 Sec. 66. BEGINNING FARMER TAX CREDIT PROGRAM —— FORMER 19 PERIOD OF PARTICIPATION EXTENDED. An eligible taxpayer first 20 participating in the beginning farmer tax credit program on or 21 after January 1, 2019, as provided in 2019 Iowa Acts, chapter 22 161, for a tax year beginning on or after that date, may 23 participate in the program for not more than fifteen years in 24 the same manner as provided in section 16.79A, as amended by 25 this division of this Act. 26 Sec. 67. EFFECTIVE DATE. This division of this Act takes 27 effect January 1, 2022. 28 DIVISION XX 29 PROMOTIONAL PLAY 30 Sec. 68. Section 99F.1, subsections 1, 25, and 30, Code 31 2021, are amended to read as follows: 32 1. “Adjusted gross receipts” means the gross receipts on 33 gambling games less winnings paid to wagerers on gambling games 34 and less promotional play receipts on gambling games. However, 35 -28- SF 619.2500 (1) 89 jm/jh 28/ 64
for each fiscal year during the time period beginning July 1, 1 2021, and ending June 30, 2026, “adjusted gross receipts” does 2 not shall include promotional play receipts received after the 3 date in any fiscal year that the commission determines that 4 the wagering tax imposed pursuant to section 99F.11 on all 5 licensees in that fiscal year on promotional play receipts 6 exceeds twenty-five million eight hundred twenty thousand 7 dollars on gambling games . 8 25. “Promotional play receipts” means the total sums wagered 9 on gambling games with tokens, chips, electronic credits, or 10 other forms of cashless wagering provided by the licensee 11 without an exchange of money as described in section 99F.9, 12 subsection 3 . 13 30. “Sports wagering net receipts” means the gross receipts 14 less winnings paid to wagerers and less promotional play 15 receipts on sports wagering. 16 Sec. 69. Section 99F.6, subsection 4, paragraph a, 17 subparagraphs (3) and (5), Code 2021, are amended to read as 18 follows: 19 (3) The commission shall authorize, subject to the debt 20 payments for horse racetracks and the provisions of paragraph 21 “b” for dog racetracks, a licensee who is also licensed to 22 conduct pari-mutuel dog or horse racing to use receipts 23 from gambling games and sports wagering within the racetrack 24 enclosure to supplement purses for races particularly for 25 Iowa-bred horses pursuant to an agreement which shall be 26 negotiated between the licensee and representatives of the 27 dog or horse owners. For agreements subject to commission 28 approval concerning purses for horse racing beginning on or 29 after January 1, 2006, the agreements shall provide that total 30 annual purses for all horse racing shall be four percent of 31 sports wagering net receipts and promotional play receipts on 32 sports wagering and no less than eleven percent of the first 33 two hundred million dollars of net receipts, and six percent of 34 net receipts above two hundred million dollars. In addition, 35 -29- SF 619.2500 (1) 89 jm/jh 29/ 64
live standardbred horse racing shall not be conducted at the 1 horse racetrack in Polk county, but the purse moneys designated 2 for standardbred racing pursuant to section 99D.7, subsection 3 5 , paragraph “b” , shall be included in calculating the total 4 annual purses required to be paid pursuant to this subsection . 5 Agreements that are subject to commission approval concerning 6 horse purses for a period of time beginning on or after January 7 1, 2006, shall be jointly submitted to the commission for 8 approval. 9 (5) For purposes of this paragraph, “net receipts” means 10 the annual adjusted gross receipts from all gambling games 11 and, beginning July 1, 2026, promotional play receipts on all 12 gambling games less the annual amount of money pledged by the 13 owner of the facility to fund a project approved to receive 14 vision Iowa funds as of July 1, 2004. 15 Sec. 70. Section 99F.11, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. a. Notwithstanding any provision 18 of this section to the contrary, the tax rate imposed on a 19 licensee each fiscal year on any amount of promotional play 20 receipts on gambling games included as adjusted gross receipts 21 shall be determined by multiplying the adjusted percentage 22 by the wagering tax applicable to the licensee pursuant to 23 subsection 2. 24 b. For purposes of this subsection, “adjusted percentage” 25 means as follows: 26 (1) For the fiscal year beginning July 1, 2021, and ending 27 June 30, 2022, eighty-three and one-third percent. 28 (2) For the fiscal year beginning July 1, 2022, and ending 29 June 30, 2023, sixty-six and two-thirds percent. 30 (3) For the fiscal year beginning July 1, 2023, and ending 31 June 30, 2024, fifty percent. 32 (4) For the fiscal year beginning July 1, 2024, and ending 33 June 30, 2025, thirty-three and one-third percent. 34 (5) For the fiscal year beginning July 1, 2025, and ending 35 -30- SF 619.2500 (1) 89 jm/jh 30/ 64
June 30, 2026, sixteen and two-thirds percent. 1 c. This subsection is repealed July 1, 2026. 2 DIVISION XXI 3 TARGETED JOBS WITHHOLDING CREDIT 4 Sec. 71. Section 403.19A, subsection 3, paragraph c, 5 subparagraph (2), Code 2021, is amended to read as follows: 6 (2) The pilot project city and the economic development 7 authority shall not enter into a withholding agreement after 8 June 30, 2021 2024 . 9 DIVISION XXII 10 FOOD BANKS 11 Sec. 72. Section 423.3, Code 2021, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 107. The sales price of the sale or 14 rental of tangible personal property sold to and of services 15 furnished to a nonprofit food bank, if the property or 16 services are used by the nonprofit food bank for a charitable 17 purpose. For purposes of this subsection, “nonprofit food 18 bank” means an organization organized under chapter 504 and 19 qualifying under section 501(c)(3) of the Internal Revenue 20 Code as an organization exempt from federal income tax under 21 section 501(a) of the Internal Revenue Code that maintains 22 an established operation involving the provision of food or 23 edible commodities or the products thereof on a regular basis 24 to persons in need or to food pantries, soup kitchens, hunger 25 relief centers, or other food or feeding centers that, as an 26 integral part of their normal activities, provide meals or food 27 on a regular basis to persons in need. 28 DIVISION XXIII 29 EMERGENCY VOLUNTEER —— TAX CREDIT 30 Sec. 73. Section 422.12, subsection 2, paragraph c, 31 subparagraph (1), Code 2021, is amended to read as follows: 32 (1) A volunteer fire fighter and volunteer emergency 33 medical services personnel member credit equal to one two 34 hundred fifty dollars to compensate the taxpayer for the 35 -31- SF 619.2500 (1) 89 jm/jh 31/ 64
voluntary services if the volunteer served for the entire 1 tax year. A taxpayer who is a paid employee of an emergency 2 medical services program or a fire department and who is also 3 a volunteer emergency medical services personnel member or 4 volunteer fire fighter in a city, county, or area governed 5 by an agreement pursuant to chapter 28E where the emergency 6 medical services program or fire department performs services, 7 shall qualify for the credit provided under this paragraph “c” . 8 Sec. 74. Section 422.12, subsection 2, paragraph d, 9 subparagraph (1), Code 2021, is amended to read as follows: 10 (1) A reserve peace officer credit equal to one two hundred 11 fifty dollars to compensate the taxpayer for services as a 12 reserve peace officer if the reserve peace officer served for 13 the entire tax year. 14 Sec. 75. RETROACTIVE APPLICABILITY. This division of this 15 Act applies retroactively to January 1, 2021, for tax years 16 beginning on or after that date. 17 DIVISION XXIV 18 INDIVIDUAL INCOME TAX CHECKOFFS 19 Sec. 76. Section 173.22, subsection 2, Code 2021, is amended 20 to read as follows: 21 2. A foundation fund is created within the state treasury 22 composed of moneys appropriated or available to and obtained 23 or accepted by the foundation. The foundation fund shall also 24 include moneys credited transferred to the fund as provided in 25 section 422.12I . 26 Sec. 77. NEW SECTION . 422.12D Income tax checkoff for the 27 Iowa state fair foundation fund. 28 1. A person who files an individual or a joint income tax 29 return with the department of revenue under section 422.13 30 may designate one dollar or more to be paid to the foundation 31 fund of the Iowa state fair foundation as established in 32 section 173.22. If the refund due on the return or the payment 33 remitted with the return is insufficient to pay the amount 34 designated by the taxpayer to the foundation fund, the amount 35 -32- SF 619.2500 (1) 89 jm/jh 32/ 64
designated shall be reduced to the remaining amount of the 1 refund or the remaining amount remitted with the return. The 2 designation of a contribution to the foundation fund under this 3 section is irrevocable. 4 2. The director of revenue shall draft the income tax form 5 to allow the designation of contributions to the foundation 6 fund on the tax return. The department, on or before January 7 31, shall transfer the total amount designated on the tax 8 form due in the preceding year to the foundation fund. 9 However, before a checkoff pursuant to this section shall be 10 permitted, all liabilities on the books of the department of 11 administrative services and accounts identified as owing under 12 section 8A.504 shall be satisfied. 13 3. The Iowa state fair board may authorize payment from 14 the foundation fund for purposes of supporting foundation 15 activities. 16 4. The department of revenue may adopt rules to implement 17 this section. 18 5. This section is subject to repeal under section 422.12E. 19 Sec. 78. NEW SECTION . 422.12L Joint income tax checkoff for 20 veterans trust fund and volunteer fire fighter preparedness fund. 21 1. A person who files an individual or a joint income tax 22 return with the department of revenue under section 422.13 may 23 designate one dollar or more to be paid jointly to the veterans 24 trust fund created in section 35A.13 and to the volunteer fire 25 fighter preparedness fund created in section 100B.13. If the 26 refund due on the return or the payment remitted with the 27 return is insufficient to pay the additional amount designated 28 by the taxpayer, the amount designated shall be reduced to the 29 remaining amount of refund or the remaining amount remitted 30 with the return. The designation of a contribution under this 31 section is irrevocable. 32 2. The director of revenue shall draft the income tax form 33 to allow the designation of contributions to the veterans trust 34 fund and to the volunteer fire fighter preparedness fund as 35 -33- SF 619.2500 (1) 89 jm/jh 33/ 64
one checkoff on the tax return. The department of revenue, 1 on or before January 31, shall transfer one-half of the total 2 amount designated on the tax return forms due in the preceding 3 calendar year to the veterans trust fund and the remaining 4 one-half to the volunteer fire fighter preparedness fund. 5 However, before a checkoff pursuant to this section shall be 6 permitted, all liabilities on the books of the department of 7 administrative services and accounts identified as owing under 8 section 8A.504 shall be satisfied. 9 3. The department of revenue may adopt rules to administer 10 this section. 11 4. This section is subject to repeal under section 422.12E. 12 DIVISION XXV 13 MENTAL HEALTH FUNDING 14 Sec. 79. Section 123.38, subsection 2, paragraph b, Code 15 2021, is amended to read as follows: 16 b. For purposes of this subsection , any portion of license 17 or permit fees used for the purposes authorized in section 18 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 19 (2), and in section 331.424A , shall not be deemed received 20 either by the division or by a local authority. 21 Sec. 80. Section 218.99, Code 2021, is amended to read as 22 follows: 23 218.99 Counties to be notified of patients’ personal 24 accounts. 25 The administrator in control of a state institution shall 26 direct the business manager of each institution under the 27 administrator’s jurisdiction which is mentioned in section 28 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 29 (2), and for which services are paid under section 331.424A 30 by the county of residence or a mental health and disability 31 services region , to quarterly inform the county of residence 32 of any patient or resident who has an amount in excess of two 33 hundred dollars on account in the patients’ personal deposit 34 fund and the amount on deposit. The administrators shall 35 -34- SF 619.2500 (1) 89 jm/jh 34/ 64
direct the business manager to further notify the county of 1 residence at least fifteen days before the release of funds in 2 excess of two hundred dollars or upon the death of the patient 3 or resident. If the patient or resident has no residency in 4 this state or the person’s residency is unknown, notice shall 5 be made to the director of human services and the administrator 6 in control of the institution involved. 7 Sec. 81. Section 225.24, Code 2021, is amended to read as 8 follows: 9 225.24 Collection of preliminary expense. 10 Unless a committed private patient or those legally 11 responsible for the patient’s support offer to settle the 12 amount of the claims, the regional administrator for the 13 person’s county of residence shall collect, by action if 14 necessary, the amount of all claims for per diem and expenses 15 that have been approved by the regional administrator for the 16 county and paid by the regional administrator as provided under 17 section 225.21 . Any amount collected shall be credited to the 18 county mental health and disabilities disability services fund 19 region combined account created in accordance with section 20 331.424A 331.391 . 21 Sec. 82. Section 225C.4, subsection 1, paragraph i, Code 22 2021, is amended to read as follows: 23 i. Administer and distribute state appropriations in 24 connection with the mental health and disability services 25 regional services service fund established by section 225C.7A . 26 Sec. 83. Section 225C.7A, Code 2021, is amended by striking 27 the section and inserting in lieu thereof the following: 28 225C.7A Mental health and disability services regional 29 service fund —— region incentive fund. 30 1. A mental health and disability services regional service 31 fund is created in the office of the treasurer of state under 32 the authority of the department. The fund shall be separate 33 from the general fund of the state and the balance in the fund 34 shall not be considered part of the balance of the general 35 -35- SF 619.2500 (1) 89 jm/jh 35/ 64
fund of the state. Moneys in the fund include appropriations 1 made to the fund and other moneys deposited into the fund. 2 Moneys in the fund shall be used solely for purposes of making 3 regional service payments and incentive payments under this 4 section. 5 2. a. For each fiscal year beginning on or after July 1, 6 2021, there is appropriated from the general fund of the state 7 to the mental health and disability services regional service 8 fund an amount necessary to make all regional service payments 9 under this section for that fiscal year. 10 b. The department shall distribute the moneys appropriated 11 from the mental health and disability services regional 12 service fund to mental health and disability services regions 13 for funding of services in accordance with performance-based 14 contracts with the regions and in the manner provided in this 15 section. 16 c. The performance-based contracts between the department 17 and each mental health and disability services region shall be 18 in effect beginning January 1, 2022, and shall include all of 19 the following: 20 (1) Authority for the department to approve, deny, or revise 21 each mental health and disability services region’s annual 22 service and budget plan under section 331.393. 23 (2) A requirement for the mental health and disability 24 services region to provide access to all core services under 25 section 331.397. 26 (3) A requirement that the mental health and disability 27 services region utilize all federal government funding, 28 including Medicaid funding, third-party payment sources, and 29 other nongovernmental funding prior to using regional service 30 payments received under this section. 31 (4) An annual review of the mental health and disability 32 services region’s administrative costs conducted by the 33 department. 34 (5) Authority for the department to establish outcome 35 -36- SF 619.2500 (1) 89 jm/jh 36/ 64
improvement goals for populations served by the region 1 including but not limited to decreases in emergency department 2 visits, improved use of mobile crisis response and jail 3 diversion programs, and improved employment-based outcomes. 4 (6) Provisions authorizing the department, in response to 5 a mental health and disability services region’s violation of 6 the contract, to implement the actions described under section 7 331.389, subsection 5, paragraph “a” . 8 3. For each fiscal year beginning on or after July 1, 2021, 9 the moneys available in a fiscal year in the mental health and 10 disability services regional service fund, except for moneys in 11 the region incentive fund under subsection 8, are appropriated 12 to the department and shall be distributed to each region on 13 a per capita basis calculated under subsection 4 using each 14 region’s population, as defined in section 331.388, for that 15 fiscal year. 16 4. The amount of each region’s regional service payment 17 shall be determined as follows: 18 a. For the fiscal year beginning July 1, 2021, an amount 19 equal to the product of fifteen dollars and eighty-six cents 20 multiplied by the sum of the region’s population for the fiscal 21 year. 22 b. For the fiscal year beginning July 1, 2022, an amount 23 equal to the product of thirty-eight dollars multiplied by the 24 sum of the region’s population for the fiscal year. 25 c. For the fiscal year beginning July 1, 2023, an amount 26 equal to the product of forty dollars multiplied by the sum of 27 the region’s population for the fiscal year. 28 d. For the fiscal year beginning July 1, 2024, an amount 29 equal to the product of forty-two dollars multiplied by the sum 30 of the region’s population for the fiscal year. 31 e. (1) For the fiscal year beginning July 1, 2025, and each 32 succeeding fiscal year, an amount equal to the product of the 33 sum of the region’s population for the fiscal year multiplied 34 by the sum of the dollar amount used to calculate the regional 35 -37- SF 619.2500 (1) 89 jm/jh 37/ 64
service payments under this subsection for the immediately 1 preceding fiscal year plus the regional service growth factor 2 for the fiscal year. 3 (2) For purposes of this paragraph, “regional service growth 4 factor” for a fiscal year is an amount equal to the product 5 of the dollar amount used to calculate the regional service 6 payments under this subsection for the immediately preceding 7 fiscal year multiplied by the percent increase, if any, in the 8 amount of sales tax revenue deposited into the general fund of 9 the state under section 423.2A, subsection 1, paragraph “a” , 10 less the transfers required under section 423.2A, subsection 11 2, between the fiscal year beginning three years prior to 12 the applicable fiscal year and the fiscal year beginning two 13 years prior to the applicable year, but not to exceed one and 14 one-half percent. 15 5. Regional service payments received by a region 16 shall be deposited in the region’s combined account under 17 section 331.391 and used solely for providing mental health 18 and disability services under the regional service system 19 management plan. 20 6. Regional service payments from the mental health 21 and disability services regional service fund shall be 22 paid in quarterly installments to the appropriate regional 23 administrator in July, October, January, and April of each 24 fiscal year. 25 7. a. For the fiscal year beginning July 1, 2021, each 26 mental health and disability services region for which the 27 amount certified during the fiscal year under section 331.391, 28 subsection 4, paragraph “b” , exceeds forty percent of the actual 29 expenditures of the region for the fiscal year preceding the 30 fiscal year in progress, the remaining quarterly payments of 31 the region’s regional service payment shall be reduced by 32 an amount equal to the amount by which the region’s amount 33 certified under section 331.391, subsection 4, paragraph “b” , 34 exceeds forty percent of the actual expenditures of the region 35 -38- SF 619.2500 (1) 89 jm/jh 38/ 64
for the fiscal year preceding the fiscal year in progress, but 1 the amount of the reduction shall not exceed the total amount 2 of the region’s regional service payment for the fiscal year. 3 If the region’s remaining quarterly payments are insufficient 4 to effectuate the required reductions under this paragraph, the 5 region is required to pay to the department of human services 6 any amount for which the reduction in quarterly payments could 7 not be made. The amount of reductions to quarterly payments 8 and amounts paid to the department under this paragraph shall 9 be transferred and credited to the region incentive fund under 10 subsection 8. 11 b. For the fiscal year beginning July 1, 2022, each mental 12 health and disability services region for which the amount 13 certified during the fiscal year under section 331.391, 14 subsection 4, paragraph “b” , exceeds twenty percent of the 15 actual expenditures of the region for the fiscal year preceding 16 the fiscal year in progress, the remaining quarterly payments 17 of the region’s regional service payment shall be reduced by 18 an amount equal to the amount by which the region’s amount 19 certified under section 331.391, subsection 4, paragraph “b” , 20 exceeds twenty percent of the actual expenditures of the region 21 for the fiscal year preceding the fiscal year in progress, but 22 the amount of the reduction shall not exceed the total amount 23 of the region’s regional service payment for the fiscal year. 24 If the region’s remaining quarterly payments are insufficient 25 to effectuate the required reductions under this paragraph, the 26 region is required to pay to the department of human services 27 any amount for which the reduction in quarterly payments could 28 not be made. The amount of reductions to quarterly payments 29 and amounts paid to the department under this paragraph shall 30 be transferred and credited to the region incentive fund under 31 subsection 8. 32 c. For the fiscal year beginning July 1, 2023, and each 33 succeeding fiscal year, each mental health and disability 34 services region for which the amount certified during the 35 -39- SF 619.2500 (1) 89 jm/jh 39/ 64
fiscal year under section 331.391, subsection 4, paragraph “b” , 1 exceeds five percent of the actual expenditures of the region 2 for the fiscal year preceding the fiscal year in progress, the 3 remaining quarterly payments of the region’s regional service 4 payment shall be reduced by an amount equal to the amount by 5 which the region’s amount certified under section 331.391, 6 subsection 4, paragraph “b” , exceeds five percent of the actual 7 expenditures of the region for the fiscal year preceding the 8 fiscal year in progress, but the amount of the reduction 9 shall not exceed the total amount of the region’s regional 10 service payment for the fiscal year. If the region’s remaining 11 quarterly payments are insufficient to effectuate the required 12 reductions under this paragraph, the region is required to 13 pay to the department of human services any amount for which 14 the reduction in quarterly payments could not be made. The 15 amount of reductions to quarterly payments and amounts paid to 16 the department under this paragraph shall be transferred and 17 credited to the region incentive fund under subsection 8. 18 8. a. A region incentive fund is created in the mental 19 health and disability services regional service fund under 20 subsection 1. The incentive fund shall consist of the 21 moneys appropriated or credited to the incentive fund by 22 law, including amounts credited to the incentive fund under 23 subsection 7. Notwithstanding section 8.33, moneys in the 24 incentive fund at the end of each fiscal year shall not revert 25 to any other fund but shall remain in the incentive fund for 26 use in subsequent fiscal years. For fiscal years beginning on 27 or after July 1, 2021, there is appropriated from the general 28 fund of the state to the incentive fund the following amounts 29 to be used for the purposes of this subsection: 30 (1) For the fiscal year beginning July 1, 2021, three 31 million dollars. 32 (2) (a) For each fiscal year beginning on or after July 33 1, 2025, an amount equal to the incentive fund growth factor 34 multiplied by the ending balance of the incentive fund at 35 -40- SF 619.2500 (1) 89 jm/jh 40/ 64
the conclusion of the fiscal year ending June 30 immediately 1 preceding the application deadline under paragraph “b” for the 2 fiscal year for which the appropriation is made. 3 (b) For purposes of this subparagraph, the “incentive fund 4 growth factor” for each fiscal year is the percent increase, 5 if any, in the amount of sales tax revenue deposited into the 6 general fund of the state under section 423.2A, subsection 7 1, paragraph “a” , less the transfers required under section 8 423.2A, subsection 2, between the fiscal year beginning three 9 years prior to the applicable fiscal year and the fiscal year 10 beginning two years prior to the applicable year, minus one and 11 one-half percent, and the incentive fund growth factor for any 12 fiscal year shall not exceed three and one-half percent. 13 b. To receive funding from the incentive fund, a regional 14 administrator must submit to the department sufficient data 15 to demonstrate that the region has met the standards outlined 16 in the region’s performance-based contract. The purpose of 17 the incentive fund shall be to provide appropriate financial 18 incentives for outcomes met from services provided by the 19 regional administrator’s mental health and disability services 20 region. The department shall make its final decisions on or 21 before December 15 regarding acceptance or rejection of the 22 submissions for incentive funds applications for assistance and 23 the total amount accepted shall be considered obligated. 24 c. In addition to incentive submission requirements under 25 paragraphs “d” , “e” , and “g” , basic eligibility for incentive 26 funds requires that a mental health and disability services 27 region meet all of the following conditions: 28 (1) The mental health and disability services region is in 29 compliance with the regional service system management plan 30 requirements of section 331.393. 31 (2) (a) In the fiscal year that commenced two years prior 32 to the fiscal year of application for incentive funds, the 33 ending balance, under generally accepted accounting principles, 34 of the mental health and disability services region’s combined 35 -41- SF 619.2500 (1) 89 jm/jh 41/ 64
services funds was equal to or less than the ending balance 1 threshold under subparagraph division (b) for the fiscal year 2 for which assistance is requested. 3 (b) For purposes of this subparagraph (2), “ending balance 4 threshold” means the following: 5 (i) For applications for the fiscal year beginning July 1, 6 2021, forty percent of the actual expenditures of the mental 7 health and disability services region for the fiscal year that 8 commenced two years prior to the fiscal year of application for 9 assistance. 10 (ii) For applications for the fiscal year beginning July 1, 11 2022, twenty percent of the actual expenditures of the mental 12 health and disability services region for the fiscal year that 13 commenced two years prior to the fiscal year of application for 14 assistance. 15 (iii) For applications for fiscal years beginning on or 16 after July 1, 2023, five percent of the actual expenditures 17 of the mental health and disability services region for the 18 fiscal year that commenced two years prior to the fiscal year 19 of application for assistance. 20 d. The department shall review the fiscal year-end financial 21 records for all mental health and disability services regions 22 that are granted incentive funds. If the department determines 23 a mental health and disability services region’s actual need 24 for incentive funds was less than the amount of incentive funds 25 granted to the mental health and disability services region, 26 the mental health and disability services region shall refund 27 the difference between the amount of assistance granted and 28 the actual need. The mental health and disability services 29 region shall submit the refund within thirty days of receiving 30 notice from the department. Refunds shall be credited to the 31 incentive fund. 32 e. The department shall determine application requirements 33 to ensure prudent use of the incentive fund. The department 34 may accept or reject an application for incentive funds in 35 -42- SF 619.2500 (1) 89 jm/jh 42/ 64
whole or in part. The decision of the department is final. 1 f. The total amount of incentive funds approved shall be 2 limited to the amount available in the incentive fund for a 3 fiscal year. Any unobligated balance in the incentive fund at 4 the close of a fiscal year shall remain in the incentive fund 5 for distribution in the succeeding fiscal year. 6 g. Incentive funds shall only be made available to address 7 one or more of the following circumstances: 8 (1) To reimburse regions for reductions in available 9 funding for core services as the result of the reduction and 10 elimination of the levy under section 331.424A, Code 2021, if 11 the region has an operating deficit. The department shall 12 prioritize approval of incentive funds for the circumstances 13 specified in this subparagraph. 14 (2) To incentivize quality core services that meet or exceed 15 the defined outcomes in the performance-based contract. 16 (3) To support regional efforts to fund non-core services 17 that support the defined outcomes of core services in the 18 performance-based contract. 19 (4) To support non-core services to maintain an individual 20 in a community setting or that would create a risk that the 21 individuals needing services and supports would be placed in 22 more restrictive, higher-cost settings. 23 h. Subject to the amount available and obligated from 24 the incentive fund for a fiscal year, the department shall 25 annually calculate the amount of moneys due to eligible mental 26 health and disability services regions in accordance with the 27 department’s decisions and that amount is appropriated from the 28 incentive fund to the department for payment of the moneys due. 29 The department shall distribute incentive funds payable to the 30 mental health and disability services regions for the amounts 31 due on or before January 1. 32 i. On or before March 1 and September 1 of each fiscal 33 year, the department shall provide the governor’s office and 34 the general assembly with a report of the financial condition 35 -43- SF 619.2500 (1) 89 jm/jh 43/ 64
of the incentive fund. The report shall include but is not 1 limited to an itemization of the funding source’s balances, 2 types and amount of revenues credited, and payees and payment 3 amounts for the expenditures made from the funding source 4 during the reporting period. 5 j. If the department has made its decisions but has 6 determined that there are otherwise qualifying requests for 7 incentive funds that are beyond the amount available in the 8 incentive fund for a fiscal year, the department shall compile 9 a list of such requests and the supporting information for 10 the requests. The list and information shall be submitted to 11 the commission, the children’s behavioral health system state 12 board, and the general assembly. 13 9. The commission shall consult with regional 14 administrators and the director in prescribing forms and 15 adopting rules to administer this section. 16 Sec. 84. Section 249N.8, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. Biennially, a report of the results of a review, by 19 county and region, of mental health services previously funded 20 through taxes levied by counties pursuant to section 331.424A , 21 Code 2021, or funds administered by a mental health and 22 disability services region that are funded during the reporting 23 period under the Iowa health and wellness plan. 24 Sec. 85. Section 331.389, subsection 1, paragraph b, Code 25 2021, is amended to read as follows: 26 b. If a county has been exempted prior to July 1, 2014, from 27 the requirement to enter into a regional service system, the 28 county and the county’s board of supervisors shall fulfill all 29 requirements and be eligible as a region under this chapter and 30 chapter chapters 222, 225, 225C , 226, 227, 229, and 230 for a 31 regional service system, regional service system management 32 plan, regional governing board, and regional administrator, 33 and any other provisions applicable to a region of counties 34 providing local mental health and disability services. 35 -44- SF 619.2500 (1) 89 jm/jh 44/ 64
Additionally, a county exempted under this subsection shall be 1 considered a region for purposes of chapter 426B. 2 Sec. 86. Section 331.389, subsection 5, paragraph a, 3 subparagraph (2), Code 2021, is amended to read as follows: 4 (2) Reduce the amount of the annual state funding provided 5 for the regional service system or exempted county, including 6 amounts received under section 225C.7A , not to exceed fifteen 7 percent of the amount. 8 Sec. 87. Section 331.391, subsections 1 and 3, Code 2021, 9 are amended to read as follows: 10 1. The funding under the control of the governing board 11 shall be maintained in a combined account , in separate county 12 accounts that are under the control of the governing board, or 13 pursuant to other arrangements authorized by law that limit the 14 administrative burden of such control while facilitating public 15 scrutiny of financial processes . A county exempted under 16 section 331.389, subsection 1, shall maintain a county mental 17 health and disability services fund for the deposit of funding 18 received under section 225C.7A and appropriations specifically 19 authorized to be made from the county mental health and 20 disability services fund shall not be made from any other fund 21 of the county. A county mental health and disability services 22 fund established by an exempt county, to the extent feasible, 23 shall be considered to be the same as a region combined account 24 and shall be subject to the same requirements as a region’s 25 combined account. 26 3. The funding provided pursuant to appropriations from the 27 mental health and disability services regional services service 28 fund created in section 225C.7A and from performance-based 29 contracts with the department shall be credited to the account 30 or accounts under the control of the governing board. 31 Sec. 88. Section 331.391, subsection 4, paragraphs a, b, and 32 c, Code 2021, are amended to read as follows: 33 a. If a region is meeting the financial obligations for 34 implementation of its regional service system management plan 35 -45- SF 619.2500 (1) 89 jm/jh 45/ 64
for a fiscal year and residual funding is anticipated, the 1 regional administrator shall may reserve an adequate amount of 2 unobligated and unencumbered funds for cash flow of expenditure 3 obligations in the next fiscal year. 4 b. Each region shall certify to the department of management 5 human services on or before December 1, 2022 2021 , and each 6 December 1 thereafter, the amount of the region’s cash flow 7 amount in the combined account that is attributable to each 8 county within the region based upon each county’s proportionate 9 amount of funding and contributions to the region or other 10 methodology specified in the regional governance agreement 11 or certify the cash flow amount for each separate county 12 account that is under the control of the governing board at the 13 conclusion of the most recently completed fiscal year. 14 c. For fiscal years beginning on or after July 1, 2023, 15 the region’s cash flow amount , either reserved in the region’s 16 combined account or reserved among all separate county accounts 17 under the control of the governing board, shall not exceed 18 forty five percent of the gross actual expenditures from the 19 combined account or from all separate county accounts under 20 control of the governing board for the fiscal year preceding 21 the fiscal year in progress. 22 Sec. 89. Section 331.392, subsection 4, paragraph a, Code 23 2021, is amended to read as follows: 24 a. Methods for pooling, management, and expenditure of the 25 funding under the control of the regional administrator. If 26 the agreement does not provide for pooling of the participating 27 county moneys in a single fund, the agreement shall specify how 28 the participating county moneys will be subject to the control 29 of the regional administrator. 30 Sec. 90. Section 331.393, subsection 10, Code 2021, is 31 amended to read as follows: 32 10. The director’s approval of a regional plan shall not be 33 construed to constitute certification of the respective county 34 budgets or of the region’s budget. 35 -46- SF 619.2500 (1) 89 jm/jh 46/ 64
Sec. 91. Section 331.394, subsection 4, Code 2021, is 1 amended to read as follows: 2 4. If a county of residence is part of a mental health and 3 disability services region that has agreed to pool funding and 4 liability for services, the The responsibilities of the county 5 under law regarding such mental health and disability services 6 shall be performed on behalf of the county by the regional 7 administrator. The county of residence or the county’s mental 8 health and disability services region , as applicable, is 9 responsible for paying the public costs of the mental health 10 and disability services that are not covered by the medical 11 assistance program under chapter 249A and are provided in 12 accordance with the region’s approved service management plan 13 to persons who are residents of the county or region. 14 Sec. 92. Section 331.398, subsection 1, Code 2021, is 15 amended to read as follows: 16 1. The financing of a regional mental health and disability 17 service system is limited to a fixed budget amount. The fixed 18 budget amount shall be the amount identified in a regional 19 service system management plan and budget for the fiscal year. 20 A region shall receive state funding for growth in non-Medicaid 21 expenditures through the mental health and disability regional 22 services fund created in section 225C.7A to address increased 23 service costs, additional service populations, additional core 24 service domains, and increased numbers of persons receiving 25 services. 26 Sec. 93. NEW SECTION . 331.400 Quarterly reports. 27 Beginning with the fiscal year, beginning July 1, 2022, 28 the department shall deliver on a quarterly basis a report to 29 the general assembly that provides a summary of the status of 30 implementing core services in each region, the accessibility 31 of core services in each region, how each region is using the 32 funding provided under section 225C.7A, and recommendations 33 for improvements to the mental health and disability services 34 system in order to attain the outcome improvement goals set 35 -47- SF 619.2500 (1) 89 jm/jh 47/ 64
by the department consistent with the goals specified in the 1 performance-based contracts under section 225C.7A, subsection 2 2, paragraph “c” , subparagraph (5). 3 Sec. 94. Section 331.424A, subsection 1, paragraph b, Code 4 2021, is amended by striking the paragraph. 5 Sec. 95. Section 331.424A, subsection 3, Code 2021, is 6 amended to read as follows: 7 3. a. County revenues from taxes and other sources 8 designated by a county for mental health and disabilities 9 services shall be credited to the county mental health and 10 disabilities services fund which shall be created by the 11 county. The Until the required transfer of funds under 12 paragraph “b” , the board shall make appropriations from the fund 13 for payment of services provided under the regional service 14 system management plan approved pursuant to section 331.393 . 15 The For fiscal years beginning before July 1, 2022, the county 16 may pay for the services in cooperation with other counties 17 by pooling appropriations from the county services fund with 18 appropriations from the county services fund of other counties 19 through the county’s regional administrator, or through another 20 arrangement specified in the regional governance agreement 21 entered into by the county under section 331.392 . 22 b. Notwithstanding section 331.432, subsection 3, upon 23 conclusion of the fiscal year beginning July 1, 2021, except 24 for an exempt county under section 331.391, subsection 1, 25 the county treasurer shall transfer the remaining balance of 26 the county’s county services fund created under paragraph 27 “a” , including all unobligated and unencumbered funds, to the 28 county’s region to which the county belongs in the fiscal year 29 beginning July 1, 2022, for deposit in the region’s combined 30 account under section 331.391. 31 Sec. 96. Section 331.424A, subsection 4, paragraph a, Code 32 2021, is amended to read as follows: 33 a. An amount of unobligated and unencumbered funds, as 34 specified in the regional governance agreement entered into 35 -48- SF 619.2500 (1) 89 jm/jh 48/ 64
by the county under section 331.392 , shall , for fiscal years 1 beginning before July 1, 2022, be reserved in the county 2 services fund to address cash flow obligations in the next 3 fiscal year , subject to the limitations of this subsection . 4 Sec. 97. Section 331.424A, subsection 4, paragraphs c and d, 5 Code 2021, are amended by striking the paragraphs. 6 Sec. 98. Section 331.424A, subsections 5, 6, and 9, Code 7 2021, are amended to read as follows: 8 5. Receipts from the state or federal government for fiscal 9 years beginning before July 1, 2022, for the mental health 10 and disability services administered or paid for by a county 11 shall be credited to the county services fund, including moneys 12 distributed to the county from the department of human services 13 and moneys allocated under chapter 426B . 14 6. For each fiscal year beginning before July 1, 2022 , the 15 county shall certify a levy for payment of services. For each 16 such fiscal year, county revenues from taxes imposed by the 17 county credited to the county services fund shall not exceed an 18 amount equal to the county budgeted amount for the fiscal year. 19 A levy certified under this section is not subject to the 20 appeal provisions of section 331.426 or to any other provision 21 in law authorizing a county to exceed, increase, or appeal a 22 property tax levy limit. 23 9. a. For the fiscal year beginning July 1, 2017, and 24 each subsequent fiscal year beginning before July 1, 2022 , the 25 county budgeted amount determined for each county shall be the 26 amount necessary to meet the county’s financial obligations for 27 the payment of services provided under the regional service 28 system management plan approved pursuant to section 331.393 , 29 not to exceed an amount equal to the product of the regional 30 per capita expenditure target amount twenty-one dollars and 31 fourteen cents multiplied by the county’s population , and, for 32 fiscal years beginning on or after July 1, 2023, reduced by 33 the amount of the county’s cash flow reduction amount for the 34 fiscal year calculated under subsection 4 , if applicable . 35 -49- SF 619.2500 (1) 89 jm/jh 49/ 64
b. If a county officially joins a different region, the 1 county’s budgeted amount for a fiscal year beginning before 2 July 1, 2022, shall be the amount necessary to meet the 3 county’s financial obligations for payment of services provided 4 under the new region’s regional service system management plan 5 approved pursuant to section 331.393 , not to exceed an amount 6 equal to the product of the new region’s regional per capita 7 expenditure target amount twenty-one dollars and fourteen cents 8 multiplied by the county’s population , and, for fiscal years 9 beginning on or after July 1, 2023, reduced by the amount of 10 the county’s cash flow reduction amount for the fiscal year 11 calculated under subsection 4 , if applicable . 12 Sec. 99. Section 331.424A, Code 2021, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 10. This section is repealed July 1, 2022. 15 Sec. 100. Section 331.432, subsection 3, Code 2021, is 16 amended to read as follows: 17 3. a. Except as authorized in section 331.477 , transfers 18 of moneys between the county services fund created pursuant 19 to section 331.424A and any other fund are prohibited. This 20 subsection paragraph does not apply to appropriations made or 21 the value of in-kind care and treatment provided pursuant to 22 section 347.7, subsection 1 , paragraph “c” , Code 2021, or to 23 transfers from a county public hospital fund under section 24 347.7 . This paragraph is repealed July 1, 2022. 25 b. Payments or transfers of moneys from any fund of the 26 county to a mental health and disability services region’s 27 combined account under section 331.391 are prohibited. This 28 paragraph applies to fiscal years beginning on or after July 29 1, 2022, but does not apply to transfers from a county public 30 hospital fund under section 347.7 for the fiscal year beginning 31 July 1, 2022, or the fiscal year beginning July 1, 2023. 32 Sec. 101. Section 347.7, subsection 1, paragraph c, Code 33 2021, is amended by striking the paragraph. 34 Sec. 102. Section 426B.1, subsection 2, Code 2021, is 35 -50- SF 619.2500 (1) 89 jm/jh 50/ 64
amended to read as follows: 1 2. Moneys shall be distributed from the property tax relief 2 fund to counties for the mental health and disability regional 3 service system for mental health and disabilities services, in 4 accordance with the appropriations made to the fund and other 5 statutory requirements. 6 Sec. 103. Section 426B.2, Code 2021, is amended to read as 7 follows: 8 426B.2 Property tax relief fund payments. 9 The director of human services shall draw warrants on the 10 property tax relief fund, payable to the county treasurer 11 regional administrator in the amount due to a county mental 12 health and disability services region in accordance with 13 statutory requirements, and mail the warrants to the county 14 auditors regional administrator in July and January of each 15 year. 16 Sec. 104. Section 426B.4, Code 2021, is amended to read as 17 follows: 18 426B.4 Rules. 19 The mental health and disability services commission shall 20 consult with county representatives regional administrators 21 and the director of human services in prescribing forms and 22 adopting rules pursuant to chapter 17A to administer this 23 chapter . 24 Sec. 105. ADJUSTMENT TO PROPERTY TAXES CERTIFIED UNDER 25 SECTION 331.424A —— FY 2021-2022. For each county for which 26 the amount of taxes certified for levy for the purposes 27 of section 331.424A for the fiscal year beginning July 1, 28 2021, exceeds the product of the population of the county as 29 determined under section 331.424A, subsection 1, paragraph 30 “e”, multiplied by twenty-one dollars and fourteen cents, 31 the department of management shall reduce the amount of such 32 taxes certified for levy to an amount not to exceed the 33 product of the population of the county as determined under 34 section 331.424A, subsection 1, paragraph “e”, multiplied by 35 -51- SF 619.2500 (1) 89 jm/jh 51/ 64
twenty-one dollars and fourteen cents and shall revise the rate 1 of taxation as necessary to raise the reduced amount. The 2 department of management shall report the reduction in the 3 certified taxes and the revised rate of taxation to the county 4 auditors by June 15, 2021. 5 Sec. 106. IMPLEMENTATION OF REGION INCENTIVE FUND UNDER 6 SECTION 225C.7A —— EMERGENCY RULEMAKING. 7 1. In order to timely implement the provisions of this 8 division of this Act establishing the region incentive fund 9 under section 225C.7A, subsection 8, for mental health and 10 disability services regions for funding the fiscal year 11 beginning July 1, 2021, and the fiscal year beginning July 12 1, 2022, the director of human services shall establish 13 alternative application deadlines and expedited application 14 review and approval timelines. 15 2. The department of human services may adopt 16 administrative rules under section 17A.4, subsection 3, and 17 section 17A.5, subsection 2, paragraph “b”, to implement 18 provisions of this division of this Act and the rules shall 19 become effective immediately upon filing or on a later 20 effective date specified in the rules, unless the effective 21 date of the rules is delayed or the applicability of the rules 22 is suspended by the administrative rules review committee. Any 23 rules adopted in accordance with this section shall not take 24 effect before the rules are reviewed by the administrative 25 rules review committee. The delay authority provided to 26 the administrative rules review committee under section 27 17A.8, subsections 9 and 10, shall be applicable to a delay 28 imposed under this section, notwithstanding a provision in 29 those subsections making them inapplicable to section 17A.5, 30 subsection 2, paragraph “b”. Any rules adopted in accordance 31 with the provisions of this section shall also be published as 32 a notice of intended action as provided in section 17A.4. 33 Sec. 107. DEPARTMENT OF HUMAN SERVICES —— MENTAL HEALTH AND 34 DISABILITY REGIONS STUDY. The department of human services 35 -52- SF 619.2500 (1) 89 jm/jh 52/ 64
shall convene a study committee to evaluate the current mental 1 health and disability region structure and operations in the 2 context of the changes made and the funding provided by this 3 division of this Act. The study shall, at a minimum, review 4 how effectively each mental health and disability services 5 region has implemented the core services outlined in sections 6 331.397 and 331.397A, including the degree of uniformity of 7 the core services between the regions. The department shall 8 be authorized to contract with and retain the services of an 9 independent contractor in order to conduct the study. The 10 department shall submit a report detailing the study’s findings 11 and recommendations to the general assembly and the governor no 12 later than December 15, 2022. 13 Sec. 108. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 DIVISION XXVI 16 COMMERCIAL AND INDUSTRIAL PROPERTY TAX REPLACEMENT PAYMENTS 17 Sec. 109. Section 2.48, subsection 3, paragraph f, 18 subparagraph (6), Code 2021, is amended by striking the 19 subparagraph. 20 Sec. 110. Section 331.512, subsection 15, Code 2021, is 21 amended by striking the subsection. 22 Sec. 111. Section 331.559, subsection 27, Code 2021, is 23 amended by striking the subsection. 24 Sec. 112. Section 441.21A, subsection 1, paragraph a, Code 25 2021, is amended to read as follows: 26 a. For each fiscal year beginning on or after July 1, 2014, 27 but before July 1, 2029, there is appropriated from the general 28 fund of the state to the department of revenue an amount 29 necessary for the payment of all commercial and industrial 30 property tax replacement claims under this section for the 31 fiscal year. However, for a the fiscal year years beginning 32 on or after July 1, 2017, July 1, 2018, July 1, 2019, July 1, 33 2020, and July 1, 2021, the total amount of moneys appropriated 34 from the general fund of the state to the department of revenue 35 -53- SF 619.2500 (1) 89 jm/jh 53/ 64
for the payment of commercial and industrial property tax 1 replacement claims in that each fiscal year shall not exceed 2 the total amount of money necessary to pay all commercial and 3 industrial property tax replacement claims for the fiscal year 4 beginning July 1, 2016. 5 Sec. 113. Section 441.21A, subsections 2 and 3, Code 2021, 6 are amended to read as follows: 7 2. a. Beginning with the For each fiscal year beginning 8 on or after July 1, 2014, but before July 1, 2022, each county 9 treasurer shall be paid by the department of revenue an 10 amount equal to the amount of the commercial and industrial 11 property tax replacement claims in the county, as calculated 12 in subsection 4 . If an amount appropriated for a the fiscal 13 year beginning on July 1, 2017, July 1, 2018, July 1, 2019, 14 July 1, 2020, or July 1, 2021, is insufficient to pay all 15 replacement claims for the fiscal year , the director of revenue 16 shall prorate the payment of replacement claims to the county 17 treasurers and shall notify the county auditors of the pro rata 18 percentage on or before September 30. 19 b. For each fiscal year beginning on or after July 1, 2022, 20 but before July 1, 2029, each county treasurer shall be paid 21 by the department of revenue an amount equal to the sum of the 22 commercial and industrial property tax replacement claims for 23 all taxing authorities, or portion thereof, located in the 24 county, as calculated in subsection 4A. The county treasurer 25 shall pay to each taxing authority the taxing authority’s 26 commercial and industrial property tax replacement claim, or 27 portion thereof, as calculated in subsection 4A. 28 3. a. On or before July 1 of each fiscal year beginning on 29 or after July 1, 2014, but before July 1, 2022, the assessor 30 shall report to the county auditor the total actual value of 31 all commercial property and industrial property in the county 32 that is subject to assessment and taxation for the assessment 33 year used to calculate the taxes due and payable in that fiscal 34 year. 35 -54- SF 619.2500 (1) 89 jm/jh 54/ 64
b. On or before July 1, 2022, the department of management 1 shall calculate and report to the department of revenue for 2 each taxing authority in this state that is a city or a county 3 all of the following: 4 (1) The total assessed value as of January 1, 2012, of 5 all taxable property located in the taxing authority that is 6 subject to assessment and taxation used to calculate taxes 7 which are due and payable in the fiscal year beginning July 1, 8 2013, excluding property subject to the statewide property tax 9 imposed under section 437A.18 or 437B.14. 10 (2) The total assessed value as of January 1, 2019, of 11 all taxable property located in the taxing authority that is 12 subject to assessment and taxation used to calculate taxes 13 which are due and payable in the fiscal year beginning July 1, 14 2020, excluding property subject to the statewide property tax 15 imposed under section 437A.18 or 437B.14. 16 Sec. 114. Section 441.21A, subsection 4, unnumbered 17 paragraph 1, Code 2021, is amended to read as follows: 18 On or before a date established by rule of the department 19 of revenue of each fiscal year beginning on or after July 20 1, 2014, but before July 1, 2022, the county auditor shall 21 prepare a statement, based upon the report received pursuant to 22 subsection 3 , paragraph “a” , listing for each taxing district 23 in the county: 24 Sec. 115. Section 441.21A, Code 2021, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 4A. a. As used in this subsection, unless 27 the context clearly requires otherwise: 28 (1) “Qualified taxing authority” means any of the following: 29 (a) A taxing authority that is not a city or a county. 30 (b) A taxing authority that is a city or county for which 31 the amount determined under subsection 3, paragraph “b” , 32 subparagraph (2), is less than one hundred thirty-one and 33 twenty-four hundredths percent of the amount determined under 34 subsection 3, paragraph “b” , subparagraph (1). 35 -55- SF 619.2500 (1) 89 jm/jh 55/ 64
(2) “Taxing authority” means a city, county, community 1 college, or other governmental entity or political subdivision 2 in this state authorized to certify a levy on property located 3 within such authority, but does not include a school district. 4 b. For fiscal years beginning on or after July 1, 2022, 5 but before July 1, 2029, the amount of each taxing authority’s 6 replacement claim is as follows: 7 (1) If the taxing authority is a qualified taxing authority: 8 (a) For the fiscal year beginning July 1, 2022, 9 seven-eighths of the amount received by the taxing authority 10 under this section for the fiscal year beginning July 1, 2021. 11 (b) For the fiscal year beginning July 1, 2023, six-eighths 12 of the amount received by the taxing authority under this 13 section for the fiscal year beginning July 1, 2021. 14 (c) For the fiscal year beginning July 1, 2024, five-eighths 15 of the amount received by the taxing authority under this 16 section for the fiscal year beginning July 1, 2021. 17 (d) For the fiscal year beginning July 1, 2025, four-eighths 18 of the amount received by the taxing authority under this 19 section for the fiscal year beginning July 1, 2021. 20 (e) For the fiscal year beginning July 1, 2026, 21 three-eighths of the amount received by the taxing authority 22 under this section for the fiscal year beginning July 1, 2021. 23 (f) For the fiscal year beginning July 1, 2027, two-eighths 24 of the amount received by the taxing authority under this 25 section for the fiscal year beginning July 1, 2021. 26 (g) For the fiscal year beginning July 1, 2028, one-eighth 27 of the amount received by the taxing authority under this 28 section for the fiscal year beginning July 1, 2021. 29 (2) If the taxing authority is not a qualified taxing 30 authority: 31 (a) For the fiscal year beginning July 1, 2022, four-fifths 32 of the amount received by the taxing authority under this 33 section for the fiscal year beginning July 1, 2021. 34 (b) For the fiscal year beginning July 1, 2023, three-fifths 35 -56- SF 619.2500 (1) 89 jm/jh 56/ 64
of the amount received by the taxing authority under this 1 section for the fiscal year beginning July 1, 2021. 2 (c) For the fiscal year beginning July 1, 2024, two-fifths 3 of the amount received by the taxing authority under this 4 section for the fiscal year beginning July 1, 2021. 5 (d) For the fiscal year beginning July 1, 2025, one-fifth of 6 the amount received by the taxing authority under this section 7 for the fiscal year beginning July 1, 2021. 8 (e) For the fiscal year beginning July 1, 2026, and each 9 succeeding fiscal year beginning before July 1, 2029, zero. 10 (3) The department of management shall calculate and report 11 to the department of revenue the amount received by each 12 taxing authority in this state as the result of commercial and 13 industrial property tax replacement claims paid for the fiscal 14 year beginning July 1, 2021, and the portion of the amount 15 attributable to each county where the taxing authority is 16 located, if applicable. 17 Sec. 116. Section 441.21A, subsection 5, Code 2021, is 18 amended to read as follows: 19 5. For purposes of computing replacement amounts under 20 this section for fiscal years beginning on or after July 1, 21 2014, but before July 1, 2022 , that portion of an urban renewal 22 area defined as the sum of the assessed valuations defined in 23 section 403.19, subsections 1 and 2 , shall be considered a 24 taxing district. 25 Sec. 117. Section 441.21A, subsection 6, paragraph a, Code 26 2021, is amended to read as follows: 27 a. The For fiscal years beginning on or after July 1, 2014, 28 but before July 1, 2022, the county auditor shall certify 29 and forward one copy of the statement to the department of 30 revenue not later than a date of each year established by the 31 department of revenue by rule. 32 Sec. 118. Section 441.21A, subsection 6, Code 2021, is 33 amended by adding the following new paragraph: 34 NEW PARAGRAPH . f. This subsection shall apply to the 35 -57- SF 619.2500 (1) 89 jm/jh 57/ 64
apportionment of replacement claim amounts for fiscal years 1 beginning on or after July 1, 2014, but before July 1, 2022. 2 Sec. 119. Section 441.21A, Code 2021, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 7. a. For fiscal years beginning on 5 or after July 1, 2022, but before July 1, 2029, each taxing 6 authority’s replacement claim calculated under subsection 4A, 7 or portion thereof, shall be paid to the appropriate county 8 treasurer, as provided in subsection 2, paragraph “b” , in equal 9 installments in September and March of each year. 10 b. After payment by the county treasurer to the taxing 11 authority, the taxing authority’s replacement claim shall be 12 apportioned and credited by the governing body of the taxing 13 authority among the taxing authority’s tax levies in the same 14 proportion that each property tax levy bears to the total of 15 all property tax levies imposed by the taxing authority for the 16 fiscal year for which the payment is received. 17 c. Of the amounts allocated and credited to each property 18 tax levy that is subject to division under section 403.19, 19 the total amount paid into the fund for the taxing authority 20 as taxes by or for the taxing authority into which all other 21 property taxes are paid and the special fund of the applicable 22 municipality under section 403.19, subsection 2, shall be an 23 amount of the replacement claim that is proportionate to the 24 amount of the total sum of the assessed value of the taxable 25 commercial and industrial property in the urban renewal area as 26 a share of total assessed value of all taxable property in the 27 taxing authority and shall be apportioned as follows: 28 (1) To the fund for the taxing authority as taxes by or for 29 the taxing authority into which all other property taxes are 30 paid, an amount proportionate to the amount of actual value of 31 the commercial and industrial property in the urban renewal 32 area as determined in section 403.19, subsection 1, that was 33 subtracted pursuant to section 403.20, as it bears to the 34 total amount of actual value of the commercial and industrial 35 -58- SF 619.2500 (1) 89 jm/jh 58/ 64
property in the urban renewal area that was subtracted pursuant 1 to section 403.20 for the assessment year for property taxes 2 due and payable in the fiscal year for which the replacement 3 claim is computed. 4 (2) (a) To the special fund of the applicable municipality 5 under section 403.19, subsection 2, the remaining amount, if 6 any. 7 (b) The amount allocated under subparagraph division (a) 8 shall not exceed the amount equal to the amount certified to 9 the county auditor under section 403.19 for the fiscal year in 10 which the claim is paid, after deduction of the amount of other 11 revenues committed for payment on that amount for the fiscal 12 year. The amount not allocated as a result of the operation of 13 this subparagraph division (b) shall be allocated to and paid 14 into the fund for the taxing authority as taxes by or for the 15 taxing authority in the manner provided in subparagraph (1). 16 NEW SUBSECTION . 8. This section is repealed July 1, 2029. 17 Sec. 120. EFFECTIVE DATE. The following take effect July 18 1, 2029: 19 1. The section of this division of this Act amending section 20 331.512. 21 2. The section of this division of this Act amending section 22 331.559. 23 DIVISION XXVII 24 SCHOOL FOUNDATION PERCENTAGE 25 Sec. 121. Section 257.1, subsection 2, paragraph b, Code 26 2021, is amended to read as follows: 27 b. For the budget year commencing July 1, 1999, and for 28 each succeeding budget year beginning before July 1, 2022, 29 the regular program foundation base per pupil is eighty-seven 30 and five-tenths percent of the regular program state cost per 31 pupil. For the budget year commencing July 1, 2022, and for 32 each succeeding budget year, the regular program foundation 33 base per pupil is eighty-eight and four-tenths percent of the 34 regular program state cost per pupil. For the budget year 35 -59- SF 619.2500 (1) 89 jm/jh 59/ 64
commencing July 1, 1991, and for each succeeding budget year 1 the special education support services foundation base is 2 seventy-nine percent of the special education support services 3 state cost per pupil. The combined foundation base is the sum 4 of the regular program foundation base, the special education 5 support services foundation base, the total teacher salary 6 supplement district cost, the total professional development 7 supplement district cost, the total early intervention 8 supplement district cost, the total teacher leadership 9 supplement district cost, the total area education agency 10 teacher salary supplement district cost, and the total area 11 education agency professional development supplement district 12 cost. 13 Sec. 122. Section 257.3, subsection 1, paragraph d, Code 14 2021, is amended by striking the paragraph. 15 Sec. 123. EFFECTIVE DATE. The section of this division of 16 this Act amending section 257.3, subsection 1, paragraph “d”, 17 takes effect July 1, 2022. 18 DIVISION XXVIII 19 ELDERLY PROPERTY TAX CREDIT 20 Sec. 124. Section 25B.7, subsection 2, paragraph b, Code 21 2021, is amended to read as follows: 22 b. Low-income property tax credit and elderly and disabled 23 property tax credit pursuant to sections 425.16 through 425.40 , 24 subject to the limitation of section 425.39, subsection 1, 25 paragraph “b” . 26 Sec. 125. Section 425.17, subsection 2, Code 2021, is 27 amended to read as follows: 28 2. a. “Claimant” means either any of the following: 29 (1) A person filing a claim for credit or reimbursement 30 under this subchapter who has attained the age of sixty-five 31 years but who has not attained the age of seventy years on 32 or before December 31 of the base year or , a person filing a 33 claim for credit or reimbursement under this subchapter who 34 is totally disabled and was totally disabled on or before 35 -60- SF 619.2500 (1) 89 jm/jh 60/ 64
December 31 of the base year , or a person filing a claim for 1 reimbursement under this subchapter who has attained the age of 2 sixty-five years on or before December 31 of the base year and 3 who is domiciled in this state at the time the claim is filed or 4 at the time of the person’s death in the case of a claim filed 5 by the executor or administrator of the claimant’s estate. 6 (2) A person filing a claim for credit or reimbursement 7 under this subchapter who has attained the age of twenty-three 8 years on or before December 31 of the base year or was a head 9 of household on December 31 of the base year, as defined in 10 the Internal Revenue Code, but has not attained the age or 11 disability status described in this paragraph “a” , subparagraph 12 (1) or the age status and eligibility criteria of subparagraph 13 (3) , and is domiciled in this state at the time the claim is 14 filed or at the time of the person’s death in the case of a 15 claim filed by the executor or administrator of the claimant’s 16 estate, and was not claimed as a dependent on any other 17 person’s tax return for the base year. 18 (3) A person filing a claim for credit under this subchapter 19 who has attained the age of seventy years on or before December 20 31 of the base year, who has a household income of less than 21 two hundred fifty percent of the federal poverty level, as 22 defined by the most recently revised poverty income guidelines 23 published by the United States department of health and human 24 services, and is domiciled in this state at the time the claim 25 is filed or at the time of the person’s death in the case of a 26 claim filed by the executor or administrator of the claimant’s 27 estate. 28 b. “Claimant” under paragraph “a” , subparagraph (1) or (2), 29 includes a vendee in possession under a contract for deed and 30 may include one or more joint tenants or tenants in common. 31 In the case of a claim for rent constituting property taxes 32 paid, the claimant shall have rented the property during any 33 part of the base year. In the case of a claim for property 34 taxes due, the claimant shall have occupied the property during 35 -61- SF 619.2500 (1) 89 jm/jh 61/ 64
any part of the fiscal year beginning July 1 of the base year. 1 If a homestead is occupied by two or more persons, and more 2 than one person is able to qualify as a claimant, the persons 3 may each file a claim based upon each person’s income and rent 4 constituting property taxes paid or property taxes due. 5 Sec. 126. Section 425.23, subsection 1, paragraph a, 6 unnumbered paragraph 1, Code 2021, is amended to read as 7 follows: 8 The tentative credit or reimbursement for a claimant 9 described in section 425.17, subsection 2 , paragraph “a” , 10 subparagraphs subparagraph (1) and (2), if no appropriation is 11 made to the fund created in section 425.40 shall be determined 12 in accordance with the following schedule: 13 Sec. 127. Section 425.23, subsection 1, Code 2021, is 14 amended by adding the following new paragraph: 15 NEW PARAGRAPH . c. The tentative credit for a claimant 16 described in section 425.17, subsection 2, paragraph “a” , 17 subparagraph (3), shall be the greater of the following: 18 (1) The amount of the credit under the schedule specified 19 in paragraph “a” of this subsection as if the claimant was a 20 claimant as defined in section 425.17, subsection 2, paragraph 21 “a” , subparagraph (1), filing for a credit under paragraph “a” 22 of this subsection. 23 (2) The difference between the actual amount of property 24 taxes due on the homestead during the fiscal year next 25 following the base year minus the actual amount of property 26 taxes due on the homestead during the first fiscal year for 27 which the claimant filed a claim for a credit calculated under 28 this paragraph “c” and for which the property taxes due on the 29 homestead were calculated on an assessed valuation that was 30 not a partial assessment and if the claimant has filed for the 31 credit calculated under this paragraph “c” for each of the 32 subsequent fiscal years after the first credit claimed. 33 Sec. 128. Section 425.23, subsection 4, paragraph a, Code 34 2021, is amended to read as follows: 35 -62- SF 619.2500 (1) 89 jm/jh 62/ 64
a. For the base year beginning in the 1999 calendar year 1 and for each subsequent base year, the dollar amounts set 2 forth in subsections subsection 1 , paragraphs “a” and “b” , and 3 subsection 3 shall be multiplied by the cumulative adjustment 4 factor for that base year. “Cumulative adjustment factor” means 5 the product of the annual adjustment factor for the 1998 base 6 year and all annual adjustment factors for subsequent base 7 years. The cumulative adjustment factor applies to the base 8 year beginning in the calendar year for which the latest annual 9 adjustment factor has been determined. 10 Sec. 129. Section 425.24, Code 2021, is amended to read as 11 follows: 12 425.24 Maximum property tax for purpose of credit or 13 reimbursement. 14 In For claimants under section 425.17, subsection 2, 15 paragraph “a” , subparagraphs (1) and (2), and for the 16 calculation under section 425.23, subsection 1, paragraph “c” , 17 subparagraph (1), in any case in which property taxes due or 18 rent constituting property taxes paid for any household exceeds 19 one thousand dollars, the amount of property taxes due or rent 20 constituting property taxes paid shall be deemed to have been 21 one thousand dollars for purposes of this subchapter . 22 Sec. 130. Section 425.39, subsection 1, as amended by 2021 23 Iowa Acts, House File 368, section 33, is amended to read as 24 follows: 25 1. a. The elderly and disabled property tax credit fund is 26 created. There is appropriated annually from the general fund 27 of the state to the department of revenue to be credited to the 28 elderly and disabled property tax credit fund, from funds not 29 otherwise appropriated, an amount sufficient to implement this 30 subchapter for credits for property taxes due for claimants 31 described in section 425.17, subsection 2 , paragraph “a” , 32 subparagraph subparagraphs (1) and (3), subject to paragraph 33 “b” . 34 b. Regardless of the amount of the credit determined under 35 -63- SF 619.2500 (1) 89 jm/jh 63/ 64
section 425.23, subsection 1, paragraph “c” , the amount paid by 1 the director of revenue to each county treasurer for credits 2 for claimants described under section 425.17, subsection 2, 3 paragraph “a” , subparagraph (3), shall not exceed the amount 4 calculated for the claimant under section 425.23, subsection 1, 5 paragraph “c” , subparagraph (1), and section 25B.7, subsection 6 1, shall not apply to the amount of the credit in excess of the 7 amount paid by the director of revenue. 8 Sec. 131. APPLICABILITY. This division of this Act applies 9 to claims under chapter 425, subchapter II, filed on or after 10 January 1, 2022. > 11 2. Title page, line 3, after < tax, > by inserting < the sales 12 and use tax relating to food banks, the tax on promotional play 13 receipts, > 14 ______________________________ DAN DAWSON -64- SF 619.2500 (1) 89 jm/jh 64/ 64 #2.