Senate File 431 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 431
  1  2
  1  3                             AN ACT
  1  4 RELATING TO PROGRAMS, FUNDS, AUTHORITY, AND DUTIES OF THE IOWA
  1  5    FINANCE AUTHORITY.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 8A.201, subsection 4, Code 2007, is
  1 10 amended by adding the following new paragraph:
  1 11    NEW PARAGRAPH.  h.  The Iowa finance authority, including
  1 12 the title guaranty division.
  1 13    Sec. 2.  Section 16.1, subsections 3 and 5, Code 2007, are
  1 14 amended to read as follows:
  1 15    3.  "Bond" means a bond issued by the authority pursuant to
  1 16 sections 16.26 to 16.30, and includes a note or other
  1 17 instrument evidencing a debt authorized or referred to in this
  1 18 chapter.
  1 19    5.  "Cost" as applied to Iowa small business economic
  1 20 development loan program projects means the cost of
  1 21 acquisition, construction, or both including the cost of
  1 22 acquisition of all land, rights=of=way, property rights,
  1 23 easements, franchise rights, and interests required for
  1 24 acquisition, construction, or both.  It also means the cost of
  1 25 demolishing or removing structures on acquired land, the cost
  1 26 of access roads to private property, including the cost of
  1 27 land or easements, and the cost of all machinery, furnishings,
  1 28 and equipment, financing charges, and interest prior to and
  1 29 during construction and for no more than the greater of
  1 30 eighteen months or the period authorized to be capitalized
  1 31 under applicable provisions of the Internal Revenue Code after
  1 32 completion of construction.  Cost also means the cost of
  1 33 engineering, legal expenses, plans, specifications, surveys,
  1 34 estimates of cost and revenues, as well as other expenses
  1 35 incidental to determining the feasibility or practicability of
  2  1 acquiring or constructing a project.  It also means other
  2  2 expenses incidental to the acquisition or construction of the
  2  3 project, the financing of the acquisition or construction,
  2  4 including the amount authorized in the resolution of the
  2  5 authority providing for the issuance of bonds, to be paid into
  2  6 any special funds from the proceeds of the bonds, and the
  2  7 financing of the placing of a project in operation to be paid
  2  8 into any special funds from the proceeds of bonds issued for
  2  9 the project, and the financing of the placing of a project in
  2 10 operation.  It also means all grants, payments, and amounts
  2 11 necessary to pay or refund outstanding bonds and all costs for
  2 12 which federally tax=exempt bonds may be issued under the
  2 13 Internal Revenue Code.
  2 14    Sec. 3.  Section 16.1, subsections 11 and 12, Code 2007,
  2 15 are amended by striking the subsections.
  2 16    Sec. 4.  Section 16.1, Code 2007, is amended by adding the
  2 17 following new subsections:
  2 18    NEW SUBSECTION.  14.  "Goals" means legislative goals and
  2 19 policies as articulated in this chapter.
  2 20    NEW SUBSECTION.  14A.  "Guiding principles" means the
  2 21 principles provided in section 16.4 which shall be considered
  2 22 for amplification and interpretation of the goals of the
  2 23 authority.
  2 24    Sec. 5.  Section 16.1, subsections 20 and 21, Code 2007,
  2 25 are amended by striking the subsections and inserting in lieu
  2 26 thereof the following:
  2 27    20.  "Internal Revenue Code" means the Internal Revenue
  2 28 Code of the United States as it may exist at the time of its
  2 29 applicability to the provisions of this chapter.
  2 30    21.  "Legislative findings" or "findings" means the
  2 31 findings established by the general assembly with respect to
  2 32 the authority as provided in this chapter.
  2 33    Sec. 6.  Section 16.1, subsection 29, Code 2007, is amended
  2 34 to read as follows:
  2 35    29.  "Note" means a bond anticipation note or a housing
  3  1 development fund note issued by the authority pursuant to this
  3  2 chapter.  "Note" also includes bonds.
  3  3    Sec. 7.  Section 16.1, Code 2007, is amended by adding the
  3  4 following new subsections:
  3  5    NEW SUBSECTION.  29B.  "Powers" means all of the general
  3  6 and specific powers of the authority as provided in this
  3  7 chapter and shall be broadly and liberally interpreted to
  3  8 authorize the authority to act in accordance with the goals of
  3  9 the authority and in a manner consistent with the legislative
  3 10 findings and guiding principles which are reasonably
  3 11 necessary.
  3 12    NEW SUBSECTION.  29C.  "Programs" means any program
  3 13 administered by the authority or any program in which the
  3 14 authority is directed or authorized to participate pursuant to
  3 15 any statute, executive order, or interagency agreement, or any
  3 16 other program participation or administration of which the
  3 17 authority finds useful and convenient to further the goals and
  3 18 purposes of the authority.  "Program" shall include but not be
  3 19 limited to all of the following:
  3 20    a.  The housing assistance payments program.
  3 21    b.  The rent supplements program.
  3 22    c.  The emergency housing fund program.
  3 23    d.  The special housing assistance program.
  3 24    e.  The single=family housing program.
  3 25    f.  The multifamily housing program.
  3 26    g.  The title guaranty program.
  3 27    h.  The housing improvement fund program.
  3 28    i.  The economic development loan program.
  3 29    j.  The Iowa economic development bond bank program.
  3 30    k.  The sewage treatment and drinking facilities financing
  3 31 program.
  3 32    l.  The Iowa tank assistance bond program.
  3 33    m.  The residential treatment facilities program.
  3 34    n.  The E=911 program.
  3 35    o.  The community college dormitory program.
  4  1    p.  The prison infrastructure program.
  4  2    q.  The wastewater treatment financial assistance program.
  4  3    r.  Any other program established by the authority which
  4  4 the authority finds useful and convenient to further goals of
  4  5 the authority and which is consistent with the legislative
  4  6 findings.  Such additional programs shall be administered in
  4  7 accordance with the guiding principles of the authority after
  4  8 such notice and hearing as is determined to be reasonable by
  4  9 the authority under the circumstances.  Such additional
  4 10 programs shall be administered in accordance with rules, if
  4 11 any, which the authority determines useful and convenient to
  4 12 adopt pursuant to chapter 17A.
  4 13    Sec. 8.  Section 16.1, subsection 30, Code 2007, is amended
  4 14 by striking the subsection and inserting in lieu thereof the
  4 15 following:
  4 16    30.  "Project" means any of the following:
  4 17    a.  Real or personal property connected with a facility to
  4 18 be acquired, constructed, financed, refinanced, improved, or
  4 19 equipped pursuant to one or more of the programs.
  4 20    b.  Refunds, loans, refinancings, grants, or other
  4 21 assistance or programs which the authority finds useful and
  4 22 convenient to carry out and further the goals of the authority
  4 23 and the Iowa economic development bond program.  In
  4 24 furtherance thereof and not in limitation, "project" shall
  4 25 include projects for which bonds or notes may be issued by a
  4 26 city or a county pursuant to any power so long as the
  4 27 authority finds it is consistent with the goals and
  4 28 legislative findings of the authority and the Iowa economic
  4 29 development bond program.
  4 30    c.  Any project for which tax exempt financing is
  4 31 authorized by the Internal Revenue Code which the authority
  4 32 finds furthers the goals of the authority and is consistent
  4 33 with the legislative findings.
  4 34    Sec. 9.  Section 16.1, subsections 33, 34, 35, and 36, Code
  4 35 2007, are amended by striking the subsections.
  5  1    Sec. 10.  Section 16.1, unnumbered paragraph 2, Code 2007,
  5  2 is amended to read as follows:
  5  3    The authority shall may establish by rule further
  5  4 definitions applicable to this chapter, and clarification of
  5  5 the definitions in this section, as it deems convenient and
  5  6 necessary including any rules necessary to assure eligibility
  5  7 for funds available under federal housing laws, or to assure
  5  8 compliance with federal tax laws relating to the issuance of
  5  9 tax exempt mortgage subsidy bonds pursuant to the Internal
  5 10 Revenue Code } 103A, or relating to the issuance of tax exempt
  5 11 residential rental property bonds for qualified residential
  5 12 housing under Internal Revenue Code } 103, or relating to the
  5 13 allowance of low income credits under Internal Revenue Code }
  5 14 42.
  5 15    Sec. 11.  Section 16.2, subsection 1, Code 2007, is amended
  5 16 to read as follows:
  5 17    1.  The Iowa finance authority is established, and
  5 18 constituted a public instrumentality and agency of the state
  5 19 exercising public and essential governmental functions, to
  5 20 undertake programs which assist in attainment of adequate
  5 21 housing for low or moderate income families, elderly families,
  5 22 and families which include one or more persons with
  5 23 disabilities, and to undertake the Iowa homesteading program,
  5 24 the small business loan program, the export business finance
  5 25 program, and other various finance programs.  The powers of
  5 26 the authority are vested in and shall be exercised by a board
  5 27 of nine members appointed by the governor subject to
  5 28 confirmation by the senate.  No more than five members shall
  5 29 belong to the same political party.  As far as possible the
  5 30 governor shall include within the membership persons who
  5 31 represent community and housing development industries,
  5 32 housing finance industries, the real estate sales industry,
  5 33 elderly families, minorities, lower income families, very low
  5 34 income families, families which include persons with
  5 35 disabilities, average taxpayers, local government, business
  6  1 and international trade interests, and any other person
  6  2 specially interested in community housing, finance, or small
  6  3 business, or export business development.
  6  4    A title guaranty division is created within the authority.
  6  5 The powers of the division relating to the issuance of title
  6  6 guaranties are vested in and shall be exercised by a division
  6  7 board of five members appointed by the governor subject to
  6  8 confirmation by the senate.  The membership of the board shall
  6  9 include an attorney, an abstractor, a real estate broker, a
  6 10 representative of a mortgage=lender, and a representative of
  6 11 the housing development industry.  The executive director of
  6 12 the authority shall appoint an attorney as director of the
  6 13 title guaranty division who shall serve as an ex officio
  6 14 member of the board.  The appointment of and compensation for
  6 15 the division director are exempt from the merit system
  6 16 provisions of chapter 8A, subchapter IV.
  6 17    a.  Members of the board of the division shall be appointed
  6 18 by the governor for staggered terms of six years beginning and
  6 19 ending as provided in section 69.19.  A person shall not serve
  6 20 on the division board while serving on the authority board.  A
  6 21 person appointed to fill a vacancy shall serve only for the
  6 22 unexpired portion of the term.  A member is eligible for
  6 23 reappointment.  A member of the division board may be removed
  6 24 from office by the governor for misfeasance, malfeasance or
  6 25 willful neglect of duty or for other just cause, after notice
  6 26 and hearing, unless notice and hearing is expressly waived in
  6 27 writing.
  6 28    b.  Three members of the board shall constitute a quorum.
  6 29 An affirmative vote of a majority of the appointed members is
  6 30 necessary for any substantive action taken by the division.
  6 31    c.  Members of the board are entitled to receive a per diem
  6 32 as specified in section 7E.6 for each day spent in performance
  6 33 of duties as members and shall be reimbursed for all actual
  6 34 and necessary expenses incurred in the performance of duties
  6 35 as members.
  7  1    d.  Members of the board and the director shall give bond
  7  2 as required for public officers in chapter 64.
  7  3    e.  Meetings of the board shall be held at the call of the
  7  4 chair of the board or on written request of two members.
  7  5    f.  Members shall elect a chair and vice chair annually and
  7  6 other officers as they determine.  The director shall serve as
  7  7 secretary to the board.
  7  8    g.  The net earnings of the division, beyond that necessary
  7  9 for reserves, backing, guaranties issued or to otherwise
  7 10 implement the public purposes and programs authorized, shall
  7 11 not inure to the benefit of any person other than the state
  7 12 and are subject to subsection 8.
  7 13    Sec. 12.  NEW SECTION.  16.2A  TITLE GUARANTY DIVISION.
  7 14    1.  A title guaranty division is created within the
  7 15 authority.  The powers of the division relating to the
  7 16 issuance of title guaranties are vested in and shall be
  7 17 exercised by a division board of five members appointed by the
  7 18 governor subject to confirmation by the senate.  The
  7 19 membership of the board shall include an attorney, an
  7 20 abstractor, a real estate broker, a representative of a
  7 21 mortgage lender, and a representative of the housing
  7 22 development industry.  The executive director of the authority
  7 23 shall appoint an attorney as director of the title guaranty
  7 24 division, who shall serve as an ex officio member of the
  7 25 board.  The appointment of and compensation for the division
  7 26 director are exempt from the merit system provisions of
  7 27 chapter 8A, subchapter IV.
  7 28    2.  Members of the board of the division shall be appointed
  7 29 by the governor for staggered terms of six years beginning and
  7 30 ending as provided in section 69.19.  A person shall not serve
  7 31 on the division board while serving on the authority board.  A
  7 32 person appointed to fill a vacancy shall serve only for the
  7 33 unexpired portion of the term.  A member is eligible for
  7 34 reappointment.  A member of the division board may be removed
  7 35 from office by the governor for misfeasance, malfeasance, or
  8  1 willful neglect of duty or for other just cause, after notice
  8  2 and hearing, unless notice and hearing is expressly waived in
  8  3 writing.
  8  4    3.  Three members of the board shall constitute a quorum.
  8  5 An affirmative vote of a majority of the appointed members is
  8  6 necessary for any substantive action taken by the division.
  8  7    4.  Members of the board are entitled to receive a per diem
  8  8 as specified in section 7E.6 for each day spent in performance
  8  9 of duties as members and shall be reimbursed for all actual
  8 10 and necessary expenses incurred in the performance of duties
  8 11 as members.
  8 12    5.  Members of the board and the director shall give bond
  8 13 as required for public officers in chapter 64.
  8 14    6.  Meetings of the board shall be held at the call of the
  8 15 chair of the board or on written request of two members.
  8 16    7.  Members shall elect a chair and vice chair annually and
  8 17 other officers as they determine.  The director shall serve as
  8 18 secretary to the board.
  8 19    8.  The net earnings of the division, beyond that necessary
  8 20 for reserves, backing, guaranties issued, or to otherwise
  8 21 implement the public purposes and programs authorized, shall
  8 22 not inure to the benefit of any person other than the state
  8 23 and are subject to section 16.2, subsection 8.
  8 24    Sec. 13.  Section 16.3, Code 2007, is amended by adding the
  8 25 following new subsections:
  8 26    NEW SUBSECTION.  16.  Economic development and expansion of
  8 27 business, industry, and farming in the state is dependent upon
  8 28 the availability of financing of the development and expansion
  8 29 at affordable interest rates.
  8 30    NEW SUBSECTION.  17.  The pooling of private financing
  8 31 enhances the marketability of the obligations involved and
  8 32 increases access to other state, regional, and national credit
  8 33 markets.
  8 34    NEW SUBSECTION.  18.  The creation of an Iowa economic
  8 35 development bond bank program as provided in section 16.102
  9  1 will make the pooling of private financing available to small
  9  2 businesses, farmers, agricultural landowners and operators,
  9  3 and commercial, industrial, and other business enterprises at
  9  4 favorable interest rates with reduced marketing costs.
  9  5    NEW SUBSECTION.  19.  All of the purposes stated in this
  9  6 section are public purposes and uses for which public moneys
  9  7 may be borrowed, expended, advanced, loaned, or granted.
  9  8    Sec. 14.  NEW SECTION.  16.3A  CONFLICTS OF INTEREST.
  9  9    1.  If a member or employee of the authority other than the
  9 10 executive director of the authority has an interest, either
  9 11 direct or indirect, in a contract to which the authority is,
  9 12 or is to be, a party, or in a mortgage lender requesting a
  9 13 loan from, or offering to sell mortgage loans to, the
  9 14 authority, the interest shall be disclosed to the authority in
  9 15 writing and shall be set forth in the minutes of the
  9 16 authority.  The member or employee having the interest shall
  9 17 not participate in any action of the authority with respect to
  9 18 that contract or mortgage lender.
  9 19    A violation of a provision of this subsection is misconduct
  9 20 in office under section 721.2.  However, a resolution of the
  9 21 authority is not invalid because of a vote cast by a member in
  9 22 violation of this subsection unless the vote was decisive in
  9 23 the passage of the resolution.
  9 24    For the purposes of this subsection, "action of the
  9 25 authority with respect to that contract or mortgage lender"
  9 26 means only an action directly affecting a separate contract or
  9 27 mortgage lender, and does not include an action which benefits
  9 28 the general public or which affects all or a substantial
  9 29 portion of the contracts or mortgage lenders included in a
  9 30 program of the authority.
  9 31    2.  Nothing in this section shall be deemed to limit the
  9 32 right of a member, officer, or employee of the authority to
  9 33 acquire an interest in bonds or notes of the authority or to
  9 34 limit the right of a member or employee other than the
  9 35 executive director to have an interest in a bank or other
 10  1 financial institution in which the funds of the authority are,
 10  2 or are to be, deposited or which is, or is to be, acting as
 10  3 trustee or paying agent under a trust indenture to which the
 10  4 authority is a party.
 10  5    3.  The executive director shall not have an interest in a
 10  6 bank or other financial institution in which the funds of the
 10  7 authority are, or are to be, deposited or which is, or is to
 10  8 be, acting as trustee or paying agent under a trust indenture
 10  9 to which the authority is a party.  The executive director
 10 10 shall not receive, in addition to fixed salary or
 10 11 compensation, any money or valuable thing, either directly or
 10 12 indirectly, or through any substantial interest in any other
 10 13 corporation or business unit, for negotiating, procuring,
 10 14 recommending, or aiding in any purchase or sale of property,
 10 15 or loan, made by the authority, nor shall the executive
 10 16 director be pecuniarily interested, either as principal,
 10 17 coprincipal, agent, or beneficiary, either directly or
 10 18 indirectly, or through any substantial interest in any other
 10 19 corporation or business unit, in any such purchase, sale, or
 10 20 loan.
 10 21    Sec. 15.  Section 16.4, unnumbered paragraph 1, Code 2007,
 10 22 is amended to read as follows:
 10 23    In the performance of its duties and implementation of its
 10 24 powers, and in the selection of specific programs and projects
 10 25 to receive its assistance, the authority shall be guided by
 10 26 the following precatory principles:
 10 27    Sec. 16.  Section 16.4, subsections 1, 2, 3, and 5, Code
 10 28 2007, are amended to read as follows:
 10 29    1.  The authority shall not become an owner of real
 10 30 property constituting a project under any program, except on a
 10 31 temporary basis where necessary in order to implement its
 10 32 programs, protect its investments by means of foreclosure or
 10 33 other means, or to facilitate transfer of real property for
 10 34 the use of low or moderate income families.
 10 35    2.  The authority shall strive to function in cooperation
 11  1 with local governmental units and local or regional housing
 11  2 agencies, and in fulfillment of local or regional housing
 11  3 plans, and to that end shall provide technical assistance to
 11  4 local governmental units and local or regional agencies in
 11  5 need of that assistance.
 11  6    3.  A When feasible, a local contributing effort shall may
 11  7 be required of each project assisted by the authority.  As
 11  8 used in this subsection, "project" includes one or more
 11  9 programs authorized under the provisions of this chapter.  The
 11 10 local contribution may be provided by local governmental units
 11 11 or by local or regional agencies, public or private.  Unless
 11 12 otherwise specified in this chapter, the The percentage and
 11 13 type of local contribution shall be determined by the
 11 14 authority, and may include, but should not be limited to, cash
 11 15 match, land contribution, tax abatement, or ancillary
 11 16 facilities.  The authority shall seek to encourage ingenuity
 11 17 and creativity in local effort.
 11 18    5.  The authority shall seek to encourage cooperative
 11 19 housing efforts at the local level, both with respect to the
 11 20 cooperation of public bodies with private enterprise and civic
 11 21 groups, and with respect to the formation of regional or
 11 22 multicity units engaged in housing.
 11 23    Sec. 17.  Section 16.4, subsection 6, unnumbered paragraph
 11 24 1, Code 2007, is amended to read as follows:
 11 25    Wherever With respect to programs relating to housing,
 11 26 wherever practicable, the authority shall give preference to
 11 27 the following types of programs:
 11 28    Sec. 18.  Section 16.4, subsection 8, Code 2007, is amended
 11 29 by striking the subsection.
 11 30    Sec. 19.  Section 16.5, Code 2007, is amended to read as
 11 31 follows:
 11 32    16.5  GENERAL POWERS.
 11 33    1.  The authority has all of the general any and all powers
 11 34 needed necessary and convenient to carry out its purposes and
 11 35 duties, and exercise its specific powers, including but not
 12  1 limited to the power to:
 12  2    1.  a.  Issue its negotiable bonds and notes as provided in
 12  3 sections 16.26 to 16.30 this chapter in order to finance its
 12  4 programs.
 12  5    2.  b.  Sue and be sued in its own name.
 12  6    3.  c.  Have and alter a corporate seal.
 12  7    4.  d.  Make and alter bylaws for its management consistent
 12  8 with the provisions of this chapter.
 12  9    5.  e.  Make and execute agreements, contracts, and other
 12 10 instruments of any and all types on such terms and conditions
 12 11 as the authority may find necessary or convenient to the
 12 12 purposes of the authority, with any public or private entity,
 12 13 including but not limited to contracts for goods and services.
 12 14 All political subdivisions, public housing agencies, other
 12 15 public agencies and state departments and agencies may enter
 12 16 into contracts and otherwise co=operate cooperate with the
 12 17 authority.
 12 18    f.  By rule, the board shall adopt procedures relating to
 12 19 competitive bidding, including the identification of those
 12 20 circumstances under which competitive bidding by the
 12 21 authority, either formally or informally, shall be required.
 12 22 In any bidding process, the authority may administer its own
 12 23 bidding and procurement or may utilize the services of the
 12 24 department of administrative services or any other agency.
 12 25 Except when such rules apply, the authority and all contracts
 12 26 made by it in carrying out its public and essential
 12 27 governmental functions with respect to any of its programs
 12 28 shall be exempt from the provisions and requirements of all
 12 29 laws or rules of the state which require competitive bids in
 12 30 connection with the letting of such contracts.
 12 31    6.  g.  Acquire, hold, improve, mortgage, lease, and
 12 32 dispose of real and personal property, including, but not
 12 33 limited to, the power to sell at public or private sale, with
 12 34 or without public bidding, any such property, mortgage loan,
 12 35 or other obligation held by it.
 13  1    7.  h.  Procure insurance against any loss in connection
 13  2 with its operations and property interests.
 13  3    8.  i.  Fix and collect fees and charges for its services.
 13  4    9.  j.  Subject to an agreement with bondholders or
 13  5 noteholders, invest or deposit moneys of the authority in a
 13  6 manner determined by the authority, notwithstanding chapter
 13  7 12B or 12C.
 13  8    10.  k.  Accept appropriations, gifts, grants, loans, or
 13  9 other aid from public or private entities.  A record of all
 13 10 gifts or grants, stating the type, amount and donor, shall be
 13 11 clearly set out in the authority's annual report along with
 13 12 the record of other receipts.
 13 13    11.  l.  Provide technical assistance and counseling
 13 14 related to the authority's purposes, to public and private
 13 15 entities.
 13 16    12.  m.  In cooperation with other local, state, or federal
 13 17 governmental agencies, conduct research studies, develop
 13 18 estimates of unmet housing needs, and gather and compile data
 13 19 useful to facilitate decision making and enter into agreements
 13 20 to carry out programs within or without the state which the
 13 21 authority finds to be consistent with the goals of the
 13 22 authority.
 13 23    13.  n.  Cooperate in the development of, and initiate
 13 24 housing demonstration projects.
 13 25    14.  o.  Contract with architects, engineers, attorneys,
 13 26 accountants, housing construction and finance experts, and
 13 27 other advisors.  However, the authority may enter into
 13 28 contracts or agreements for such services with local, state,
 13 29 or federal governmental agencies.
 13 30    15.  p.  Through the title guaranty division, make and
 13 31 issue title guaranties on Iowa real property in a form
 13 32 acceptable to the secondary market, to fix and collect the
 13 33 charges for the guaranties and to procure reinsurance against
 13 34 any loss in connection with the guaranties.
 13 35    q.  Own or acquire intellectual property rights including
 14  1 but not limited to copyrights, trademarks, service marks, and
 14  2 patents, and enforce the rights of the authority with respect
 14  3 to such intellectual property rights.
 14  4    16.  Provide moneys to the shelter assistance fund created
 14  5 in section 15.349.
 14  6    17.  r.  Make, alter, and repeal rules consistent with the
 14  7 provisions of this chapter, and subject to chapter 17A.
 14  8    18.  s.  Establish one or more funds within the state
 14  9 treasury under the control of the authority and invest moneys
 14 10 of the authority therein.  Notwithstanding section 8.33 or
 14 11 12C.7, or any other provision to the contrary, moneys invested
 14 12 by the treasurer of state pursuant to this subsection shall
 14 13 not revert to the general fund of the state and interest
 14 14 accrued on the moneys shall be moneys of the authority and
 14 15 shall not be credited to the general fund.  For purposes of
 14 16 this subsection paragraph, the treasurer of state shall enter
 14 17 into an agreement with the authority to carry out the
 14 18 provisions of this subsection paragraph.
 14 19    t.  Select projects to receive assistance by the exercise
 14 20 of diligence and care and apply customary and acceptable
 14 21 business and lending standards in the selection and subsequent
 14 22 implementation of such projects.
 14 23    u.  Exercise generally all powers typically exercised by
 14 24 private enterprises engaged in business pursuits unless the
 14 25 exercise of such a power would violate the terms of this
 14 26 chapter or the Constitution of the State of Iowa.
 14 27    2.  Notwithstanding any other provision of law, any
 14 28 purchase or lease of real property, other than on a temporary
 14 29 basis, when necessary in order to implement the programs of
 14 30 the authority, protect the investments of the authority by
 14 31 means of foreclosure or other means, or to facilitate the
 14 32 transfer of real property for the use of low or moderate
 14 33 income families, shall require written notice from the
 14 34 authority to the government oversight standing committees of
 14 35 the general assembly and the prior approval of the executive
 15  1 council.
 15  2    3.  The powers enumerated in this section are cumulative of
 15  3 and in addition to those powers enumerated elsewhere in this
 15  4 chapter and no such powers limit or restrict any other powers
 15  5 of the authority.
 15  6    4.  Notwithstanding any other provision of law, the
 15  7 authority may elect whether to utilize any or all of the goods
 15  8 or services available from other state agencies in the conduct
 15  9 of its affairs.  Departments, boards, commissions, or other
 15 10 agencies of the state shall provide reasonable assistance and
 15 11 services to the authority upon the request of the executive
 15 12 director.
 15 13    Sec. 20.  NEW SECTION.  16.5C  SPECIFIC PROGRAM POWERS.
 15 14    In addition to the general powers of the authority, the
 15 15 authority shall have all powers convenient and necessary to
 15 16 carry out its programs, including but not limited to the power
 15 17 to:
 15 18    1.  Make property improvement loans and mortgage loans,
 15 19 including but not limited to mortgage loans insured,
 15 20 guaranteed, or otherwise secured by the federal government or
 15 21 by private mortgage insurers, to housing sponsors to provide
 15 22 financing of adequate housing for low or moderate income
 15 23 families, elderly families, families which include one or more
 15 24 persons with disabilities, child foster care facilities, and
 15 25 health care facilities.
 15 26    2.  Provide down payment grants on behalf of low and
 15 27 moderate income families to nonprofit sponsors to defray all
 15 28 or part of the down payment on real property that is
 15 29 transferred by such sponsors to such families under the terms
 15 30 of the lease=purchase program.
 15 31    3.  Make grants and temporary loans, at interest rates and
 15 32 on terms as determined convenient and necessary by the
 15 33 authority, to defray the local contribution requirement for
 15 34 housing sponsors who apply for rent supplement assistance, to
 15 35 defray temporary housing costs that result from displacement
 16  1 by natural or other disaster, and to defray a portion of the
 16  2 expenses required to develop and initiate housing which deals
 16  3 creatively with housing problems of low or moderate income
 16  4 families, elderly families, and families which include one or
 16  5 more persons with disabilities.
 16  6    4.  Make temporary loans, at interest rates and on terms as
 16  7 determined convenient and necessary by the authority, to
 16  8 defray development costs for housing for low or moderate
 16  9 income families including but not limited to payments for
 16 10 options on sites; deposits on contracts and payments for
 16 11 purchase; legal and organizational expenses including attorney
 16 12 fees, project manager, clerical, and other staff salaries,
 16 13 office rent, and other additional expenses; payment of fees
 16 14 for preliminary feasibility studies and advances for planning,
 16 15 engineering, and architectural work; expenses for tenant
 16 16 surveys and market analysis; and necessary application and
 16 17 other fees.
 16 18    5.  Make or participate in the making of property
 16 19 improvement loans or mortgage loans for rehabilitation or
 16 20 preservation of existing dwellings.  The authority may issue
 16 21 housing assistance fund notes payable solely from the housing
 16 22 assistance fund.
 16 23    6.  Renegotiate a mortgage loan or loan to a mortgage
 16 24 lender in default; waive a default or consent to the
 16 25 modification of the terms of a mortgage loan or a loan to a
 16 26 mortgage lender; forgive or forbear all or part of a mortgage
 16 27 loan or a loan to a mortgage lender; and commence, prosecute,
 16 28 and enforce a judgment in any action, including but not
 16 29 limited to a foreclosure action, to protect or enforce any
 16 30 right conferred upon the authority by law, mortgage loan
 16 31 agreement, contract or other agreement, and in connection with
 16 32 any such action, bid for and purchase the property or acquire
 16 33 or take possession of it, complete, administer, and pay the
 16 34 principal of and interest on any obligations incurred in
 16 35 connection with the property, and dispose of and otherwise
 17  1 deal with the property in a manner as the authority deems
 17  2 advisable to protect its interests.
 17  3    7.  Designate areas of economic distress for purposes of
 17  4 section 103A(k)(3)(A)(i) of the Internal Revenue Code.
 17  5    8.  Purchase, and make advance commitments to purchase,
 17  6 residential mortgage loans from mortgage lenders at prices and
 17  7 upon terms and conditions it determines consistent with its
 17  8 goals and legislative findings.  However, the total purchase
 17  9 price for all residential mortgage loans which the authority
 17 10 commits to purchase from a mortgage lender at any one time
 17 11 shall not exceed the total of the unpaid principal balances of
 17 12 the residential mortgage loans purchased.  Mortgage lenders
 17 13 are authorized to sell residential mortgage loans to the
 17 14 authority in accordance with this section and the rules of the
 17 15 authority.  The authority may charge a mortgage lender a
 17 16 commitment fee or other fees as set by rule as a condition for
 17 17 the authority purchasing residential mortgage loans.
 17 18    9.  Sell or make advanced commitments to sell residential
 17 19 mortgage loans in the organized or unorganized secondary
 17 20 mortgage market.  The authority may issue and sell securities
 17 21 that are secured by residential mortgage loans held by the
 17 22 authority.  The authority may aggregate the residential
 17 23 mortgage loans sold in the secondary market or used as
 17 24 security on the mortgage=backed securities.  The amount of
 17 25 mortgage=backed securities sold shall not exceed the principal
 17 26 of the mortgages retained by the authority as security.
 17 27    10.  File a lien on property where appropriate, convenient,
 17 28 and necessary in carrying out a program.
 17 29    Sec. 21.  Section 16.10, subsection 1, Code 2007, is
 17 30 amended to read as follows:
 17 31    1.  Moneys declared by the authority to be surplus moneys
 17 32 which are not required to service bonds and notes issued by
 17 33 the authority, to pay administrative expenses of the
 17 34 authority, or to accumulate necessary operating or loss
 17 35 reserves, shall be used by the authority to provide grants,
 18  1 subsidies, and services to lower income families and very low
 18  2 income families through the programs authorized in this
 18  3 chapter or to provide funds for the residential mortgage
 18  4 interest reduction program established pursuant to section
 18  5 16.81 and consistent with legislative findings and guiding
 18  6 principles.  In addition, the authority may use such surplus
 18  7 moneys to provide assistance to the local housing assistance
 18  8 program established in sections 15.351 through 15.354 for
 18  9 purposes of providing assistance to low and moderate income
 18 10 families.  Surplus moneys shall not be used for infrastructure
 18 11 or administration purposes under the local housing assistance
 18 12 program.
 18 13    Sec. 22.  Section 16.15, subsection 1, Code 2007, is
 18 14 amended to read as follows:
 18 15    1.  The authority shall participate in the housing
 18 16 assistance payments program under section 8 of the United
 18 17 States Housing Act of 1937, as amended by section 201 of the
 18 18 Housing and Community Development Act of 1974, Pub. L. No.
 18 19 93=383, codified at 42 U.S.C. } 1437 et seq.  The purpose of
 18 20 participation is to enable the authority to obtain, on behalf
 18 21 of the state of Iowa, set=asides of contract authorization
 18 22 reserved by the United States secretary of housing and urban
 18 23 development for public housing agencies, to enter into annual
 18 24 contributions contracts, to otherwise expedite use of the
 18 25 program through the use of state housing finance funds, and to
 18 26 encourage new construction and substantial rehabilitation of
 18 27 housing suitable for assistance under the program.  Assistance
 18 28 may be provided for existing housing units made available by
 18 29 owners for the program, as well as for newly constructed
 18 30 housing units.  Maximum rents shall be established by the
 18 31 authority in conformity with federal law.
 18 32    Sec. 23.  Section 16.15, subsections 2, 3, 4, 5, 6, 7, and
 18 33 8, Code 2007, are amended by striking the subsections.
 18 34    Sec. 24.  Section 16.40, Code 2007, is amended by striking
 18 35 the section and inserting in lieu thereof the following:
 19  1    16.40  HOUSING ASSISTANCE FUND.
 19  2    1.  A housing assistance fund is created within the
 19  3 authority.  The moneys in the fund shall be used by the
 19  4 authority to protect, preserve, create, and improve access to
 19  5 safe and affordable housing.  The authority shall establish
 19  6 programs utilizing the fund by administrative rules adopted
 19  7 pursuant to chapter 17A and provide the requirements for the
 19  8 proper administration of the programs.
 19  9    2.  Moneys in the fund, including moneys which are annually
 19 10 appropriated to the authority, may be allocated for any use
 19 11 authorized by this chapter unless otherwise specified.
 19 12    3.  The authority may use moneys in the fund to provide
 19 13 financial assistance to a housing sponsor or an individual in
 19 14 the form of a loan, loan guarantee, grant, or interest
 19 15 subsidy, or by other means under the general powers of the
 19 16 authority.
 19 17    4.  Moneys in the fund may be used for but are not limited
 19 18 to the following purposes:
 19 19    a.  Home ownership programs including all of the following:
 19 20    (1)  Authority bond issues and loans to facilitate and
 19 21 ensure equal access across the state to funds for first=time
 19 22 homebuyers programs.
 19 23    (2)  Home ownership incentive programs not restricted to
 19 24 first=time homebuyers, including down payment and closing
 19 25 costs assistance.
 19 26    (3)  Programs for home maintenance and repair, new
 19 27 construction, acquisition, and rehabilitation.
 19 28    (4)  Support for home ownership education and counseling
 19 29 programs.
 19 30    b.  Rental programs, including rental subsidy,
 19 31 rehabilitation, preservation, new construction, and
 19 32 acquisition.
 19 33    c.  Programs that provide a continuum of housing services,
 19 34 including construction, operation, and maintenance of homeless
 19 35 shelters, domestic violence shelters, and transitional housing
 20  1 and supportive services to lower income and very low=income
 20  2 families.
 20  3    d.  Technical assistance programs that increase the
 20  4 capacity of for=profit and nonprofit housing entities.
 20  5    5.  Notwithstanding section 8.33, moneys in the housing
 20  6 assistance fund at the end of each fiscal year shall not
 20  7 revert to the general fund or any other fund but shall remain
 20  8 in the housing assistance fund for expenditure for subsequent
 20  9 fiscal years.
 20 10    6.  The authority may establish, by rule adopted pursuant
 20 11 to chapter 17A, an annual administration fee to be charged to
 20 12 the housing assistance fund.  The annual fee shall not exceed
 20 13 four percent of the moneys, loans, or other assets held in the
 20 14 fund.
 20 15    7.  During each regular session of the general assembly,
 20 16 the authority shall present to the appropriate joint
 20 17 appropriations subcommittee a report concerning the total
 20 18 estimated resources to be available for expenditure under this
 20 19 section for the next fiscal year and the amount the authority
 20 20 proposes to allocate to each program created pursuant to this
 20 21 section.
 20 22    Sec. 25.  Section 16.53, Code 2007, is amended to read as
 20 23 follows:
 20 24    16.53  RESIDENTIAL REVERSE ANNUITY MORTGAGE MODEL PROGRAM.
 20 25    The authority shall may develop a model reverse annuity
 20 26 mortgage conforming to the requirements of this chapter, and
 20 27 shall may offer reverse annuity mortgages to qualified
 20 28 participants.
 20 29    Sec. 26.  Section 16.73, unnumbered paragraph 1, Code 2007,
 20 30 is amended to read as follows:
 20 31    The authority shall may adopt rules pursuant to chapter 17A
 20 32 relating to the purchase and sale of residential mortgage
 20 33 loans and the sale of mortgage=backed securities.  The rules
 20 34 shall may provide at least for the following:
 20 35    Sec. 27.  Section 16.91, subsection 1, Code 2007, is
 21  1 amended to read as follows:
 21  2    1.  The authority through the title guaranty division shall
 21  3 initiate and operate a program in which the division shall
 21  4 offer guaranties of real property titles in this state.  The
 21  5 terms, conditions and form of the guaranty contract shall be
 21  6 forms approved by the division board.  The division shall fix
 21  7 a charge for the guaranty in an amount sufficient to permit
 21  8 the program to operate on a self=sustaining basis, including
 21  9 payment of administrative costs and the maintenance of an
 21 10 adequate reserve against claims under the title guaranty
 21 11 program.  A title guaranty fund is created in the office of
 21 12 the treasurer of state.  Funds collected under this program
 21 13 shall be placed in the title guaranty fund and are available
 21 14 to pay all claims, necessary reserves and all administrative
 21 15 costs of the title guaranty program.  Moneys in the fund shall
 21 16 not revert to the general fund and interest on the moneys in
 21 17 the fund shall be transferred to the department of economic
 21 18 development for deposit in the local housing assistance
 21 19 program fund established in section 15.354 and shall not
 21 20 accrue to the general fund.  If the authority board in
 21 21 consultation with the division board determines that there are
 21 22 surplus funds in the title guaranty fund after providing for
 21 23 adequate reserves and operating expenses of the division, the
 21 24 surplus funds shall be transferred to the housing program
 21 25 assistance fund created pursuant to section 16.40.
 21 26    Sec. 28.  Section 16.102, unnumbered paragraph 1, Code
 21 27 2007, is amended to read as follows:
 21 28    The authority shall may assist the development and
 21 29 expansion of family farming, soil conservation, housing, and
 21 30 business in the state through the establishment of the Iowa
 21 31 economic development bond bank program.  The authority may
 21 32 issue its bonds or notes, or series of bonds or notes for the
 21 33 purpose of defraying the cost of one or more projects and make
 21 34 secured and unsecured loans for the acquisition and
 21 35 construction of projects on terms the authority determines.
 22  1 For purposes of this section, projects shall include any of
 22  2 the following:
 22  3    Sec. 29.  Section 16.102, subsection 1, Code 2007, is
 22  4 amended by striking the subsection.
 22  5    Sec. 30.  Section 16.106, Code 2007, is amended to read as
 22  6 follows:
 22  7    16.106  ADOPTION OF RULES.
 22  8    The board of directors of the authority shall adopt rules
 22  9 pursuant to chapter 17A to implement sections 16.101 16.102
 22 10 through 16.105.
 22 11    Sec. 31.  Section 16A.2, subsection 7, Code 2007, is
 22 12 amended by striking the subsection.
 22 13    Sec. 32.  Section 331.361, subsection 4, Code 2007, is
 22 14 amended to read as follows:
 22 15    4.  The board shall not dispose of real property by gift
 22 16 except for a public purpose, as determined by the board, in
 22 17 accordance with other state law.  However, the board may
 22 18 dispose of real property for use in an Iowa homesteading
 22 19 program under section 16.14 for a nominal consideration.
 22 20    Sec. 33.  Section 364.7, subsection 3, Code 2007, is
 22 21 amended to read as follows:
 22 22    3.  A city may not dispose of real property by gift except
 22 23 to a governmental body for a public purpose.  However, a city
 22 24 may dispose of real property for use in an Iowa homesteading
 22 25 program under section 16.14 for a nominal consideration,
 22 26 including but not limited to property in an urban renewal
 22 27 area.
 22 28    Sec. 34.  Section 403A.3, subsection 10, Code 2007, is
 22 29 amended to read as follows:
 22 30    10.  To co=operate cooperate with the Iowa finance
 22 31 authority, to participate in any of its programs, to use any
 22 32 of the funds available to the municipality for the uses of
 22 33 this chapter to contribute to such programs in which it
 22 34 participates, and to comply with the provisions of sections
 22 35 16.1 to 16.36 chapter 16 and the rules of the Iowa finance
 23  1 authority promulgated thereunder.
 23  2    Sec. 35.  Section 422.7, subsection 12, paragraph c,
 23  3 unnumbered paragraph 6, Code 2007, is amended to read as
 23  4 follows:
 23  5    For purposes of this subsection, "small business" means
 23  6 small business as defined in section 16.1, subsection 36,
 23  7 except that it shall also include the operation of a farm a
 23  8 profit or nonprofit business, including but not limited to an
 23  9 individual, partnership, corporation, joint venture,
 23 10 association, or cooperative, to which the following apply:
 23 11    (1)  It is not an affiliate or subsidiary of a business
 23 12 dominant in its field of operation.
 23 13    (2)  It has twenty or fewer full=time equivalent positions
 23 14 and not more than the equivalent of three million dollars in
 23 15 annual gross revenues as computed for the preceding fiscal
 23 16 year or as the average of the three preceding fiscal years.
 23 17    (3)  It does not include the practice of a profession.
 23 18    "Small business" includes an employee=owned business which
 23 19 has been an employee=owned business for less than three years
 23 20 or which meets the conditions of subparagraphs (1) through
 23 21 (3).
 23 22    For purposes of this definition, "dominant in its field of
 23 23 operation" means having more than twenty full=time equivalent
 23 24 positions and more than three million dollars in annual gross
 23 25 revenues, and "affiliate or subsidiary of a business dominant
 23 26 in its field of operation" means a business which is at least
 23 27 twenty percent owned by a business dominant in its field of
 23 28 operation, or by partners, officers, directors, majority
 23 29 stockholders, or their equivalents, of a business dominant in
 23 30 that field of operation.
 23 31    The department may, by resolution, waive any or all of the
 23 32 requirements of paragraph "b" in connection with a loan to a
 23 33 small business, as defined under applicable federal law and
 23 34 regulations that have been enacted or adopted by April 1,
 23 35 1983, in which federal assistance, insurance, or guaranties
 24  1 are sought.
 24  2    Sec. 36.  Section 422.35, subsection 6, paragraph c,
 24  3 unnumbered paragraph 4, Code 2007, is amended to read as
 24  4 follows:
 24  5    For purposes of this subsection, "small business" means
 24  6 small business as defined in section 16.1, subsection 36,
 24  7 except that it shall also include the operation of a farm a
 24  8 profit or nonprofit business, including but not limited to an
 24  9 individual, partnership, corporation, joint venture,
 24 10 association, or cooperative, to which the following apply:
 24 11    (1)  It is not an affiliate or subsidiary of a business
 24 12 dominant in its field of operation.
 24 13    (2)  It has either twenty or fewer full=time equivalent
 24 14 positions or not more than the equivalent of three million
 24 15 dollars in annual gross revenues as computed for the preceding
 24 16 fiscal year or as the average of the three preceding fiscal
 24 17 years.
 24 18    (3)  It does not include the practice of a profession.
 24 19    "Small business" includes an employee=owned business which
 24 20 has been an employee=owned business for less than three years
 24 21 or which meets the conditions of subparagraphs (1) through
 24 22 (3).
 24 23    For purposes of this definition, "dominant in its field of
 24 24 operation" means having more than twenty full=time equivalent
 24 25 positions and more than three million dollars in annual gross
 24 26 revenues, and "affiliate or subsidiary of a business dominant
 24 27 in its field of operation" means a business which is at least
 24 28 twenty percent owned by a business dominant in its field of
 24 29 operation, or by partners, officers, directors, majority
 24 30 stockholders, or their equivalents, of a business dominant in
 24 31 that field of operation.
 24 32    The department may, by resolution, waive any or all of the
 24 33 requirements of paragraph "b" in connection with a loan to a
 24 34 small business, as defined under applicable federal law and
 24 35 regulations that have been enacted or adopted by April 1,
 25  1 1983, in which federal assistance, insurance, or guaranties
 25  2 are sought.
 25  3    Sec. 37.  Section 446.7, unnumbered paragraph 2, Code 2007,
 25  4 is amended to read as follows:
 25  5    Parcels against which the county holds a tax sale
 25  6 certificate or a municipality holds a tax sale certificate
 25  7 acquired under section 446.19, parcels of municipal and
 25  8 political subdivisions of the state of Iowa, parcels held by a
 25  9 city or county agency or the Iowa finance authority for use in
 25 10 an Iowa homesteading project, or parcels of the state or its
 25 11 agencies, shall not be offered or sold at tax sale and a tax
 25 12 sale of those parcels is void from its inception.  When taxes
 25 13 are owing against parcels owned or claimed by a municipal or
 25 14 political subdivision of the state of Iowa, parcels held by a
 25 15 city or county agency or the Iowa finance authority for use in
 25 16 an Iowa homesteading project, or parcels of the state or its
 25 17 agencies, the treasurer shall give notice to the appropriate
 25 18 governing body which shall then pay the total amount due.  If
 25 19 the governing body fails to pay the total amount due, the
 25 20 board of supervisors shall abate the total amount due.
 25 21    Sec. 38.  Section 446.19A, subsection 3, Code 2007, is
 25 22 amended to read as follows:
 25 23    3.  If after the date that a parcel is sold pursuant to
 25 24 this chapter, or after the date that a parcel is sold under
 25 25 section 446.18, or 446.38, or 446.39, the parcel assessed as
 25 26 residential property or as commercial multifamily housing
 25 27 property is identified as abandoned or as a vacant lot
 25 28 pursuant to a verified statement filed with the county
 25 29 treasurer by a city or county in the form set forth in
 25 30 subsection 2, a city or county may require the assignment of
 25 31 the tax sale certificate that had been issued for such parcel
 25 32 by paying to the holder of such certificate the total amount
 25 33 due on the date the assignment of the certificate is made to
 25 34 the county or city and recorded with the county treasurer.  If
 25 35 a certificate holder fails to assign the certificate of
 26  1 purchase to the city or county, the county treasurer is
 26  2 authorized to issue a duplicate certificate of purchase, which
 26  3 shall take the place of the original certificate, and assign
 26  4 the duplicate certificate to the city or county.  If the
 26  5 certificate is not assigned by the county or city pursuant to
 26  6 subsection 4, the county or city, whichever is applicable, is
 26  7 liable for the tax sale interest that was due the certificate
 26  8 holder pursuant to section 447.1, as of the date of
 26  9 assignment.
 26 10    Sec. 39.  Section 447.9, subsection 1, Code 2007, is
 26 11 amended to read as follows:
 26 12    1.  After one year and nine months from the date of sale,
 26 13 or after nine months from the date of a sale made under
 26 14 section 446.18 or 446.39, or after three months from the date
 26 15 of a sale made under section 446.19A or 446.19B, the holder of
 26 16 the certificate of purchase may cause to be served upon the
 26 17 person in possession of the parcel, and also upon the person
 26 18 in whose name the parcel is taxed, a notice signed by the
 26 19 certificate holder or the certificate holder's agent or
 26 20 attorney, stating the date of sale, the description of the
 26 21 parcel sold, the name of the purchaser, and that the right of
 26 22 redemption will expire and a deed for the parcel be made
 26 23 unless redemption is made within ninety days from the
 26 24 completed service of the notice.  The notice shall be served
 26 25 by both regular mail and certified mail to the person's last
 26 26 known address and such service is deemed completed when the
 26 27 notice by certified mail is deposited in the mail and
 26 28 postmarked for delivery.  The ninety=day redemption period
 26 29 begins as provided in section 447.12.  When the notice is
 26 30 given by a county as a holder of a certificate of purchase the
 26 31 notice shall be signed by the county treasurer or the county
 26 32 attorney, and when given by a city, it shall be signed by the
 26 33 city officer designated by resolution of the council.  When
 26 34 the notice is given by the Iowa finance authority or a city or
 26 35 county agency holding the parcel as part of an Iowa
 27  1 homesteading project, it shall be signed on behalf of the
 27  2 agency or authority by one of its officers, as authorized in
 27  3 rules of the agency or authority.
 27  4    Sec. 40.  Section 447.12, Code 2007, is amended to read as
 27  5 follows:
 27  6    447.12  WHEN SERVICE DEEMED COMPLETE == PRESUMPTION.
 27  7    Service is complete only after an affidavit has been filed
 27  8 with the county treasurer, showing the making of the service,
 27  9 the manner of service, the time when and place where made,
 27 10 under whose direction the service was made, and costs incurred
 27 11 as provided in section 447.13.  Costs not filed with the
 27 12 treasurer before a redemption is complete shall not be
 27 13 collected by the treasurer.  Costs shall not be filed with the
 27 14 treasurer prior to the filing of the affidavit.  The affidavit
 27 15 shall be made by the holder of the certificate or by the
 27 16 holder's agent or attorney, and in either of the latter cases
 27 17 stating that the affiant is the agent or attorney of the
 27 18 holder of the certificate.  The affidavit shall be filed by
 27 19 the treasurer and entered in the county system and is
 27 20 presumptive evidence of the completed service of the notice.
 27 21 The right of redemption shall not expire until ninety days
 27 22 after service is complete.  A redemption shall not be
 27 23 considered valid unless received by the treasurer prior to the
 27 24 close of business on the ninetieth day from the date of
 27 25 completed service except in the case of a public bidder
 27 26 certificate held by the county in which case the county may
 27 27 accept a redemption at any time prior to the issuance of the
 27 28 tax deed.  However, if the ninetieth day falls on a Saturday,
 27 29 Sunday, or a holiday, payment of the total redemption amount
 27 30 must be received by the treasurer before the close of business
 27 31 on the first business day following the ninetieth day.  The
 27 32 date of postmark of a redemption shall not be considered as
 27 33 the day the redemption was received by the treasurer for
 27 34 purposes of the ninety=day time period.  When the parcel is
 27 35 held by a city or county, a city or county agency, or the Iowa
 28  1 finance authority, for use in an Iowa homesteading project,
 28  2 whether or not the parcel is the subject of a conditional
 28  3 conveyance granted under the project, the affidavit shall be
 28  4 made by the treasurer of the county or the county attorney, a
 28  5 city officer designated by resolution of the council, or on
 28  6 behalf of the agency or authority, by one of its officers as
 28  7 authorized in rules of the agency or authority.
 28  8    Sec. 41.  Section 447.13, unnumbered paragraph 2, Code
 28  9 2007, is amended to read as follows:
 28 10    The county treasurer shall file the proof of service and
 28 11 statement of costs and record these costs against the parcel.
 28 12 The certificate holder or the holder's agent shall report in
 28 13 writing to the treasurer the amount of authorized costs
 28 14 incurred, and the treasurer shall file the statement.  Costs
 28 15 not filed with the treasurer before a redemption is complete
 28 16 shall not be collected by the treasurer and may be recovered
 28 17 through a court action against the parcel owner by the
 28 18 certificate holder.  If the parcel is held by a city or
 28 19 county, a city or county agency, or the Iowa finance
 28 20 authority, for use in an Iowa homesteading project, whether or
 28 21 not the parcel is the subject of a conditional conveyance
 28 22 granted under the project, the costs incurred for repairs and
 28 23 rehabilitation work required and undertaken in order to make
 28 24 the parcel meet applicable building or housing code standards
 28 25 shall be added to the amount necessary to redeem.
 28 26    Sec. 42.  Section 533.16, subsection 6, paragraph c, Code
 28 27 2007, is amended to read as follows:
 28 28    c.  A credit union may make loans insured under the
 28 29 provisions of Title XX, United States Code, section 1071 to
 28 30 section 1087 or similar state programs, loans insured by the
 28 31 federal housing administration under Title XII, United States
 28 32 Code, section 1703, and loans to families of low or moderate
 28 33 income as a part of programs authorized in sections 16.1 to
 28 34 16.36 chapter 16.
 28 35    Sec. 43.  Section 654.15, subsection 3, Code 2007, is
 29  1 amended by striking the subsection.
 29  2    Sec. 44.  HOUSING ASSISTANCE FUND.  Upon the creation of
 29  3 the housing assistance fund pursuant to this Act, all of the
 29  4 assets of the authority in the housing program fund created in
 29  5 section 16.40, Code 2007, shall be transferred to the housing
 29  6 assistance fund.
 29  7    Sec. 45.  Sections 6B.53, 16.5A, 16.5B, 16.11, 16.12,
 29  8 16.13, 16.14, 16.16, 16.17, 16.18, 16.19, 16.22, 16.23, 16.24,
 29  9 16.25, 16.29, 16.32, 16.35, 16.36, 16.38, 16.39, 16.43, 16.45,
 29 10 16.61, 16.62, 16.63, 16.64, 16.65, 16.71, 16.72, 16.81, 16.82,
 29 11 16.83, 16.84, 16.101, 16.121, 16.122, 16.123, 16.124, 16.125,
 29 12 and 446.39, Code 2007, are repealed.
 29 13
 29 14
 29 15                                                             
 29 16                               JOHN P. KIBBIE
 29 17                               President of the Senate
 29 18
 29 19
 29 20                                                             
 29 21                               PATRICK J. MURPHY
 29 22                               Speaker of the House
 29 23
 29 24    I hereby certify that this bill originated in the Senate and
 29 25 is known as Senate File 431, Eighty=second General Assembly.
 29 26
 29 27
 29 28                                                             
 29 29                               MICHAEL E. MARSHALL
 29 30                               Secretary of the Senate
 29 31 Approved                , 2007
 29 32
 29 33
 29 34                                
 29 35 CHESTER J. CULVER
 30  1 Governor