Senate File 2419 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2419
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE PROPERTY TAX EXEMPTION FOR SPECULATIVE SHELL
  1  5    BUILDINGS AND INCLUDING EFFECTIVE AND RETROACTIVE
  1  6    APPLICABILITY DATE PROVISIONS.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 427.1, subsection 27, Code Supplement
  1 11 2007, is amended to read as follows:
  1 12    27.  a.  SPECULATIVE SHELL BUILDINGS OF CERTAIN
  1 13 ORGANIZATIONS.  New construction of shell buildings by
  1 14 community development organizations, not=for=profit
  1 15 cooperative associations under chapter 499, or for=profit
  1 16 entities for speculative purposes or the portion of the value
  1 17 added to buildings being reconstructed or renovated by
  1 18 community development organizations, not=for=profit
  1 19 cooperative associations under chapter 499, or for=profit
  1 20 entities in order to become speculative shell buildings as
  1 21 provided in this subsection.
  1 22    b.  The exemption shall be for one of the following:
  1 23    (1)  The value added by new construction of a shell
  1 24 building or addition to an existing building or structure by a
  1 25 community development organization, not=for=profit cooperative
  1 26 association under chapter 499, or for=profit entity.
  1 27    (2)  The value of an existing building being reconstructed
  1 28 or renovated, and the value of the land on which the building
  1 29 is located, if the reconstruction or renovation constitutes
  1 30 complete replacement or refitting of the existing building or
  1 31 structure, by a community development organization,
  1 32 not=for=profit cooperative association under chapter 499, or
  1 33 for=profit entity.
  1 34    c.  The exemption or partial exemption shall be allowed
  1 35 only pursuant to ordinance of a city council or board of
  2  1 supervisors, which ordinance shall specify if the exemption
  2  2 will be available for community development organizations,
  2  3 not=for=profit cooperative associations under chapter 499, or
  2  4 for=profit entities and.  If the exemption is for a project
  2  5 described in paragraph "b", subparagraph (1), the exemption
  2  6 shall be effective for the assessment year in which the
  2  7 building is first assessed for property taxation or the
  2  8 assessment year in which the reconstruction or renovation
  2  9 addition to an existing building first adds value and.  If the
  2 10 exemption is for a project described in paragraph "b",
  2 11 subparagraph (2), the exemption shall be effective for the
  2 12 assessment year following the assessment year in which the
  2 13 project commences.  An exemption allowed under this subsection
  2 14 shall be allowed for all subsequent years until the property
  2 15 is leased or sold or for a specific time period stated in the
  2 16 ordinance or until the exemption is terminated by ordinance of
  2 17 the city council or board of supervisors which approved the
  2 18 exemption.  Eligibility for an exemption as a speculative
  2 19 shell building shall be determined as of January 1 of the
  2 20 assessment year.  However, an exemption shall not be granted a
  2 21 speculative shell building of a not=for=profit cooperative
  2 22 association under chapter 499 or a for=profit entity if the
  2 23 building is used by the cooperative association or for=profit
  2 24 entity, or a subsidiary or majority owners thereof for other
  2 25 than as a speculative shell building.  If the shell building
  2 26 or any portion of the shell building is leased or sold, the
  2 27 portion of the shell building which is leased or sold, and a
  2 28 proportionate share of the land on which it is located if
  2 29 applicable, shall not be entitled to an exemption under this
  2 30 subsection for subsequent years.  An application shall be
  2 31 filed pursuant to section 427B.4 for each project for which an
  2 32 exemption is claimed.  Upon the sale of the shell building,
  2 33 the shell building shall be considered new construction for
  2 34 purposes of section 427B.1 if used for purposes set forth in
  2 35 section 427B.1.
  3  1    d.  (1)  If the speculative shell building project is a
  3  2 speculative shell building project described in paragraph "b",
  3  3 subparagraph (1), an application shall be filed pursuant to
  3  4 section 427B.4 for each such project for which an exemption is
  3  5 claimed.
  3  6    (2)  If the speculative shell building project is a
  3  7 speculative shell building project described in paragraph "b",
  3  8 subparagraph (2), an application shall be filed by the owner
  3  9 of the property with the local assessor by February 1 of the
  3 10 assessment year in which the project commences.  Applications
  3 11 for exemption shall be made on forms prescribed by the
  3 12 director of revenue and shall contain information pertaining
  3 13 to the nature of the improvement, its cost, and other
  3 14 information deemed necessary by the director of revenue.  The
  3 15 city council or the board of supervisors, by ordinance, shall
  3 16 give its approval of a tax exemption for the project if the
  3 17 project is in conformance with the zoning plans for the city
  3 18 or county.  The approval shall also be subject to the hearing
  3 19 requirements of section 427B.1.  Approval under this
  3 20 subparagraph (2) entitles the owner to exemption from taxation
  3 21 beginning in the assessment year following the assessment year
  3 22 in which the project commences.  However, if the tax exemption
  3 23 for the building and land is not approved, the person may
  3 24 submit an amended proposal to the city council or board of
  3 25 supervisors to approve or reject.
  3 26    e.  For purposes of this subsection the following
  3 27 definitions apply:
  3 28    a. (1)  (a)  "Community development organization" means an
  3 29 organization, which meets the membership requirements of
  3 30 subparagraph (2) subdivision (b), formed within a city or
  3 31 county or multicommunity group for one or more of the
  3 32 following purposes:
  3 33    (a) (i)  To promote, stimulate, develop, and advance the
  3 34 business prosperity and economic welfare of the community,
  3 35 area, or region and its citizens.
  4  1    (b) (ii)  To encourage and assist the location of new
  4  2 business and industry.
  4  3    (c) (iii)  To rehabilitate and assist existing business and
  4  4 industry.
  4  5    (d) (iv)  To stimulate and assist in the expansion of
  4  6 business activity.
  4  7    (2) (b)  For purposes of this definition, a community
  4  8 development organization must have at least fifteen members
  4  9 with representation from the following:
  4 10    (a) (i)  A representative from government at the level or
  4 11 levels corresponding to the community development
  4 12 organization's area of operation.
  4 13    (b) (ii)  A representative from a private sector lending
  4 14 institution.
  4 15    (c) (iii)  A representative of a community organization in
  4 16 the area.
  4 17    (d) (iv)  A representative of business in the area.
  4 18    (e) (v)  A representative of private citizens in the
  4 19 community, area, or region.
  4 20    b. (2)  "New construction" means new buildings or
  4 21 structures and includes new buildings or structures which are
  4 22 constructed as additions to existing buildings or structures.
  4 23 "New construction" also includes reconstruction or renovation
  4 24 of an existing building or structure which constitutes
  4 25 complete replacement of an existing building or structure or
  4 26 refitting of an existing building or structure, if the
  4 27 reconstruction or renovation of the existing building or
  4 28 structure is required due to economic obsolescence, if the
  4 29 reconstruction or renovation is necessary to implement
  4 30 recognized industry standards for the manufacturing or
  4 31 processing of products, and the reconstruction or renovation
  4 32 is required in order to competitively manufacture or process
  4 33 products or for community development organizations,
  4 34 not=for=profit cooperative associations under chapter 499, or
  4 35 for=profit entities to market a building or structure as a
  5  1 speculative shell building, which determination must receive
  5  2 prior approval from the city council of the city or county
  5  3 board of supervisors of the county.
  5  4    c. (3)  "Speculative shell building" means a building or
  5  5 structure owned and constructed or reconstructed by a
  5  6 community development organization, a not=for=profit
  5  7 cooperative association under chapter 499, or a for=profit
  5  8 entity without a tenant or buyer for the purpose of attracting
  5  9 an employer or user which will complete the building to the
  5 10 employer's or user's specification for manufacturing,
  5 11 processing, or warehousing the employer's or user's product
  5 12 line.
  5 13    Sec. 2.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  5 14 being deemed of immediate importance, takes effect upon
  5 15 enactment and applies retroactively to January 1, 2007, for
  5 16 projects approved by a city council or board of supervisors
  5 17 prior to that date.  Claims for exemption for the 2007 or 2008
  5 18 or 2009 assessment year shall be filed with the appropriate
  5 19 governing body on or before October 1, 2008.
  5 20
  5 21
  5 22                                                             
  5 23                               JOHN P. KIBBIE
  5 24                               President of the Senate
  5 25
  5 26
  5 27                                                             
  5 28                               PATRICK J. MURPHY
  5 29                               Speaker of the House
  5 30
  5 31    I hereby certify that this bill originated in the Senate and
  5 32 is known as Senate File 2419, Eighty=second General Assembly.
  5 33
  5 34
  5 35                                                             
  6  1                               MICHAEL E. MARSHALL
  6  2                               Secretary of the Senate
  6  3 Approved                , 2008
  6  4
  6  5
  6  6                                
  6  7 CHESTER J. CULVER
  6  8 Governor