House
File
557
-
Introduced
HOUSE
FILE
557
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
249)
A
BILL
FOR
An
Act
relating
to
the
establishment,
operation,
and
1
dissolution
of
rural
improvement
zones.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
357H.1,
subsection
1,
Code
2015,
is
1
amended
to
read
as
follows:
2
1.
The
board
of
supervisors
of
a
county
with
less
than
3
twenty
thousand
residents,
not
counting
persons
admitted
or
4
committed
to
an
institution
enumerated
in
section
218.1
or
5
904.102
,
based
upon
the
2000
most
recent
certified
federal
6
census,
and
with
a
private
lake
development
shall
may
designate
7
an
area
surrounding
the
lake,
if
it
is
an
unincorporated
8
area
of
the
county,
a
rural
improvement
zone
upon
receipt
of
9
a
petition
pursuant
to
section
357H.2
,
and
upon
the
board’s
10
determination
that
the
area
is
in
need
of
improvements.
11
Sec.
2.
Section
357H.1,
subsection
2,
paragraph
b,
Code
12
2015,
is
amended
to
read
as
follows:
13
b.
“Improvements”
means
dredging,
installation
of
erosion
14
control
measures,
water
quality
activities,
land
acquisition,
15
and
related
improvements,
including
soil
conservation
16
practices,
within
or
outside
of
the
boundaries
of
the
zone.
17
Sec.
3.
Section
357H.1,
subsection
2,
Code
2015,
is
amended
18
by
adding
the
following
new
paragraphs:
19
NEW
PARAGRAPH
.
c.
“Lake”
means
a
body
of
water
that
has
a
20
surface
area
of
at
least
eighty
acres.
21
NEW
PARAGRAPH
.
d.
“Water
quality
activities”
includes
but
22
is
not
limited
to
creation
or
maintenance
of
grass
waterways
or
23
wetlands,
bank
stabilization,
watershed
protection,
activities
24
on
lands
outside
the
rural
improvement
zone
which
affect
water
25
quality
within
the
zone,
and
any
other
activity
which
will
26
improve
water
quality
of
a
stream,
river,
or
lake.
27
Sec.
4.
Section
357H.2,
subsection
1,
paragraph
a,
Code
28
2015,
is
amended
to
read
as
follows:
29
a.
The
need
for
the
proposed
zone
.
,
which
shall
be
based
30
upon
a
report
of
a
licensed
professional
engineer
prepared
not
31
more
than
two
years
before
the
date
the
petition
is
filed,
and
32
that
includes
all
of
the
following:
33
(1)
Surface
area
of
the
lake
in
acres.
34
(2)
Number
of
acres
of
land
comprising
the
lake’s
watershed.
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(3)
Soil
classification
of
the
land
comprising
the
lake’s
1
watershed.
2
(4)
Description
of
all
current
land
uses
within
the
lake’s
3
watershed.
4
(5)
Estimate
of
historical
annual
silt
accumulation
for
the
5
lake
during
the
twenty
years
immediately
preceding
the
year
in
6
which
the
engineer’s
report
was
completed.
7
(6)
Estimate
of
the
amount
of
silt
currently
accumulated
in
8
the
lake.
9
(7)
Estimates
of
annual
silt
accumulation
in
the
lake
for
10
the
twenty-year
period
following
establishment
of
the
rural
11
improvement
zone.
12
(8)
Estimate
of
remaining
space
available
to
the
proposed
13
zone
in
existing
detention
basins
for
storage
of
dredged
and
14
removed
silt.
15
(9)
Estimate
of
storage
space
that
will
be
required
to
store
16
dredged
and
removed
silt
from
the
lake
for
the
twenty-year
17
period
following
establishment
of
the
rural
improvement
zone.
18
(10)
Assessment
of
the
current
water
quality
of
the
lake.
19
(11)
Assessment
of
the
current
need
for
preventative
20
practices
to
improve
the
water
quality
of
the
lake.
21
(12)
Assessment
of
the
impact
preventative
practices
will
22
have
on
the
water
quality
of
the
lake.
23
(13)
Estimate
of
the
cost
to
effectively
address
erosion
24
control
and
water
quality
for
the
twenty-year
period
following
25
establishment
of
the
rural
improvement
zone.
26
Sec.
5.
Section
357H.2,
Code
2015,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
1A.
A
copy
of
the
report
prepared
by
the
29
licensed
professional
engineer
and
used
to
prepare
the
petition
30
shall
be
submitted
with
the
petition
under
this
section.
31
Sec.
6.
Section
357H.3,
Code
2015,
is
amended
to
read
as
32
follows:
33
357H.3
Time
of
public
hearing.
34
1.
The
If
the
petition
substantially
meets
the
requirements
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of
section
357H.2,
the
public
hearing
required
in
section
1
357H.2
shall
be
held
within
thirty
sixty
days
of
the
2
presentation
of
the
petition.
Notice
of
hearing
shall
be
3
given
by
publication
as
provided
in
section
331.305
.
Holding
4
a
public
hearing
pursuant
to
this
section
is
not
dispositive
5
of
the
approval
or
denial
of
a
petition
by
the
board
under
this
6
chapter.
7
2.
If
the
board
determines
that
the
petition
or
the
8
engineer’s
report
does
not
substantially
meet
the
requirements
9
of
section
357H.2,
the
board
may,
within
thirty
days
of
10
presentation
of
the
petition,
request
additional
information
11
from
the
petitioners.
The
board’s
request
for
additional
12
information
shall
be
limited
to
the
information
required
under
13
section
357H.2
that
was
not
contained
in
the
petition
or
the
14
accompanying
engineer’s
report.
The
board
shall
be
limited
to
15
one
request
for
additional
information
under
this
section.
The
16
public
hearing
required
in
section
357H.2
shall
be
held
within
17
sixty
days
of
receiving
the
additional
information.
Notice
of
18
hearing
shall
be
given
in
the
same
manner
as
required
under
19
subsection
1.
20
Sec.
7.
Section
357H.4,
Code
2015,
is
amended
to
read
as
21
follows:
22
357H.4
Hearing
on
petition
——
action
by
board.
23
1.
At
the
public
hearing
required
in
section
357H.3
,
24
the
board
may
consider
the
boundaries
of
a
proposed
rural
25
improvement
zone,
whether
the
boundaries
shall
be
as
described
26
in
the
petition
or
otherwise,
and
for
that
purpose
may
amend
27
the
petition
and
change
the
boundaries
of
the
proposed
zone
as
28
stated
in
the
petition.
The
board
may
adjust
the
boundaries
29
of
a
proposed
zone
as
needed
to
exclude
land
that
has
no
30
reasonable
likelihood
of
benefit
from
inclusion
in
a
rural
31
improvement
zone.
However,
the
boundaries
of
a
proposed
zone
32
shall
not
be
changed
to
incorporate
property
which
is
not
33
included
in
the
original
petition.
34
2.
Within
ten
thirty
days
after
the
hearing,
the
board
shall
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establish
the
rural
improvement
zone
by
resolution
or
disallow
1
the
petition.
However,
the
zone
shall
not
include
any
area
2
which
is
part
of
an
urban
renewal
area
under
chapter
403
.
3
Sec.
8.
Section
357H.8,
subsection
2,
Code
2015,
is
amended
4
to
read
as
follows:
5
2.
Certificates
may
be
issued
with
respect
to
a
single
6
improvement
project
or
multiple
projects
and
may
contain
7
terms
or
conditions
as
the
board
of
trustees
may
provide
by
8
resolution
authorizing
the
issuance
of
the
certificates.
9
However,
certificates
,
including
certificates
to
refund
10
outstanding
certificates
under
subsection
3,
shall
not
11
be
issued
after
January
1,
2007,
except
to
refund
other
12
certificates
as
provided
in
subsection
3
if
the
maturity
13
date
of
the
certificates
would
be
after
the
date
the
rural
14
improvement
zone
is,
at
the
time
of
issuing
the
certificates,
15
to
be
dissolved
by
law
under
section
357H.10
.
16
Sec.
9.
Section
357H.9,
subsection
1,
Code
2015,
is
amended
17
to
read
as
follows:
18
1.
a.
The
board
of
trustees
shall
provide
by
resolution
19
that
taxes
levied
on
the
taxable
property
in
a
rural
20
improvement
zone
each
year
by
or
for
the
benefit
of
the
state,
21
city,
county,
school
district,
or
other
taxing
district
after
22
the
effective
date
of
the
resolution
shall
,
except
as
provided
23
in
this
section,
be
divided
as
provided
in
section
403.19,
24
subsections
1
and
2
,
in
the
same
manner
as
if
the
taxable
25
property
in
the
rural
improvement
zone
was
taxable
property
26
in
an
urban
renewal
area
and
the
resolution
was
an
ordinance
27
within
the
meaning
of
those
subsections.
The
taxes
received
by
28
the
board
of
trustees
shall
be
allocated
to,
and
when
collected
29
be
paid
into,
a
special
fund
and
may
be
irrevocably
pledged
30
by
the
trustees
to
pay
the
principal
of
and
interest
on
the
31
certificates,
contracts,
or
other
obligations
approved
by
the
32
board
of
trustees
to
finance
or
refinance,
in
whole
or
in
part,
33
an
improvement
project.
34
b.
(1)
For
fiscal
years
beginning
on
or
after
July
1,
2016,
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when
calculating
the
amount
of
taxes
subject
to
the
division
1
of
taxes
in
a
rural
improvement
zone
established
on
or
after
2
July
1,
2004,
if
the
assessed
value
of
the
taxable
property
3
in
the
rural
improvement
zone
used
to
calculate
the
amount
of
4
taxes
under
section
403.19,
subsection
1,
is
less
than
fifty
5
percent
of
the
assessed
value
of
the
taxable
property
in
the
6
rural
improvement
zone
used
to
calculate
the
total
amount
of
7
property
taxes
in
the
rural
improvement
zone
for
the
fiscal
8
year
in
which
the
taxes
are
due
and
payable,
the
assessed
value
9
used
to
calculate
the
amount
of
taxes
under
section
403.19,
10
subsection
1,
shall,
notwithstanding
any
reduction
required
11
under
section
403.20,
be
increased
for
that
fiscal
year
until
12
the
amount
is
equal
to
fifty
percent
of
the
assessed
value
used
13
to
calculate
the
total
amount
of
property
taxes
in
the
rural
14
improvement
zone
for
the
fiscal
year
in
which
the
taxes
are
due
15
and
payable.
16
(2)
However,
for
the
period
of
ten
consecutive
fiscal
17
years
beginning
with
the
first
fiscal
year
in
which
the
zone
18
receives
revenue
from
a
division
of
taxes
under
this
section,
19
the
division
of
taxes
authorized
under
this
section
shall
be
20
calculated
subject
to
the
provisions
of
subparagraph
(1),
21
except
that
any
references
to
fifty
percent
in
subparagraph
(1)
22
shall
be
forty
percent.
23
c.
For
fiscal
years
beginning
on
or
after
July
1,
2016,
24
when
calculating
the
amount
of
taxes
subject
to
the
division
25
of
taxes
in
a
rural
improvement
zone
established
before
July
26
1,
2004,
if
the
assessed
value
of
the
taxable
property
in
27
the
rural
improvement
zone
used
to
calculate
the
amount
of
28
taxes
under
section
403.19,
subsection
1,
is
less
than
sixty
29
percent
of
the
assessed
value
of
the
taxable
property
in
the
30
rural
improvement
zone
used
to
calculate
the
total
amount
of
31
property
taxes
in
the
rural
improvement
zone
for
the
fiscal
32
year
in
which
the
taxes
are
due
and
payable,
the
assessed
value
33
used
to
calculate
the
amount
of
taxes
under
section
403.19,
34
subsection
1,
shall,
notwithstanding
any
reduction
required
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under
section
403.20,
be
increased
for
that
fiscal
year
until
1
the
amount
is
equal
to
sixty
percent
of
the
assessed
value
used
2
to
calculate
the
total
amount
of
property
taxes
in
the
rural
3
improvement
zone
for
the
fiscal
year
in
which
the
taxes
are
due
4
and
payable.
5
d.
The
board
of
trustees
may
enter
into
an
agreement
6
with
the
board
that
modifies
the
allocation
of
the
taxes
7
levied
in
the
rural
improvement
zone.
Such
an
agreement
8
shall
not,
however,
provide
an
allocation
to
the
other
taxing
9
districts
that
is
less
than
the
amount
of
taxes
resulting
from
10
application
of
paragraphs
“b”
or
“c”
,
as
applicable.
11
e.
As
used
in
this
section
,
“taxes”
includes
but
is
not
12
limited
to
all
levies
on
an
ad
valorem
basis
upon
land
or
real
13
property
located
in
the
rural
improvement
zone.
14
Sec.
10.
Section
357H.9,
subsection
2,
paragraph
a,
Code
15
2015,
is
amended
to
read
as
follows:
16
a.
Each
board
of
trustees
that
has
by
resolution
provided
17
for
a
division
of
revenue
taxes
in
the
rural
improvement
zone
18
during
the
most
recently
ended
fiscal
year
shall
complete
19
and
file
with
the
department
of
management
a
tax
increment
20
financing
report
by
December
1
following
the
end
of
such
21
fiscal
year.
The
report
shall
be
approved
by
the
affirmative
22
vote
of
a
majority
of
the
board
of
trustees
and
be
prepared
23
in
the
format
and
submitted
electronically
pursuant
to
the
24
instructions
prescribed
by
the
department
of
management
in
25
consultation
with
the
legislative
services
agency.
26
Sec.
11.
NEW
SECTION
.
357H.9A
Annual
financial
report
——
27
audit.
28
1.
Not
later
than
December
1
of
each
year
on
forms
and
29
pursuant
to
the
instructions
prescribed
by
the
department
30
of
management,
the
board
of
trustees
shall
file
with
the
31
county
auditor
an
annual
financial
report
showing
the
rural
32
improvement
zone’s
financial
condition
as
of
June
30
and
the
33
results
of
operations
for
the
year
then
ended.
34
2.
A
rural
improvement
zone
is
subject
to
annual
audit
by
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the
auditor
of
state.
In
lieu
of
an
audit
by
the
auditor
of
1
state,
the
rural
improvement
zone
may
contract
with
or
employ
2
a
certified
public
accountant
to
conduct
the
audit
pursuant
3
to
the
applicable
terms
and
conditions
prescribed
by
sections
4
11.6,
11.14,
11.19,
and
11.41.
The
audit
format
shall
be
as
5
prescribed
by
the
auditor
of
state.
The
rural
improvement
zone
6
shall
pay
all
expenses
incurred
by
the
auditor
of
state
in
7
conducting
an
audit
under
this
section.
8
Sec.
12.
Section
357H.10,
Code
2015,
is
amended
to
read
as
9
follows:
10
357H.10
Dissolution
of
zone.
11
1.
The
Prior
to
the
date
required
for
dissolution
under
12
subsection
2,
a
rural
improvement
zone
shall
may
be
dissolved
13
upon
the
adoption
of
a
resolution
of
the
board
of
trustees
14
which
specifies
that
all
improvements
have
been
made
in
the
15
zone
,
the
need
for
the
zone,
as
identified
under
section
16
357H.2,
subsection
1,
has
been
satisfied,
and
all
indebtedness
17
has
been
paid.
18
2.
a.
Unless
dissolved
by
resolution
of
the
board
of
19
trustees
under
subsection
1,
or
an
extension
is
approved
under
20
paragraph
“b”
,
each
rural
improvement
zone
is
dissolved
on
June
21
30,
2019,
or
twenty
years
after
the
first
day
of
the
fiscal
22
year
following
the
fiscal
year
in
which
the
zone
first
receives
23
revenue
from
the
division
of
taxes
under
section
357H.9,
24
whichever
date
is
later.
25
b.
The
date
required
under
this
subsection
for
dissolution
26
of
a
rural
improvement
zone
may
be
extended
by
resolution
of
27
the
board
adopted
prior
to
the
date
required
for
dissolution
28
under
paragraph
“a”
or
a
date
prior
to
the
date
to
which
29
the
rural
improvement
zone
was
previously
extended
by
the
30
board
under
this
paragraph
“b”
or
by
operation
of
law
under
31
subparagraph
(1).
Each
extension
approved
by
the
board
under
32
this
paragraph
“b”
shall
be
for
a
period
of
twenty
years.
Prior
33
to
approval
of
an
extension
by
the
board
under
this
paragraph
34
“b”
,
all
of
the
following
requirements
shall
be
met:
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(1)
Not
more
than
forty-eight
months
nor
less
than
1
thirty-six
months
prior
to
the
date
required
for
dissolution,
2
the
board
of
trustees
shall
file
a
written
request
with
the
3
board
for
an
extension
of
the
zone’s
dissolution
date.
The
4
request
shall
state
the
improvements
needed
in
the
rural
5
improvement
zone
beyond
the
dissolution
date
otherwise
required
6
under
this
section.
The
board
shall,
within
ninety
days
after
7
receiving
the
request,
either
adopt
a
resolution
granting
the
8
twenty-year
extension
without
further
proceedings
or
notify
the
9
board
of
trustees
in
writing
of
the
board’s
intent
to
review
10
the
zone’s
dissolution
date
under
subparagraphs
(2)
through
11
(4).
The
board
may,
as
part
of
its
notice
to
the
board
of
12
trustees,
request
a
report
prepared
by
a
licensed
professional
13
engineer
containing
all
of
the
information
required
under
14
section
357H.2,
subsection
1.
If
the
board
fails
to
either
15
approve
the
extension
by
resolution
or
notify
the
board
of
16
trustees
of
the
board’s
intent
to
review
the
zone’s
dissolution
17
date
under
subparagraphs
(2)
through
(4)
within
the
ninety-day
18
period,
the
request
for
a
twenty-year
extension
shall
be
deemed
19
approved.
20
(2)
Following
receipt
of
the
board’s
notice
of
intent
to
21
review
and
not
less
than
twenty-four
months
prior
to
the
date
22
required
for
dissolution,
the
board
of
trustees
shall,
if
23
requested
by
the
board
under
subparagraph
(1),
submit
to
the
24
board
a
report
prepared
by
a
licensed
professional
engineer
25
that
includes
the
information
required
under
section
357H.2,
26
subsection
1,
paragraph
“a”
.
If
the
board
determined
that
the
27
engineer’s
report
does
not
substantially
meet
the
requirements
28
of
section
357H.2
or
that
additional
relevant
information
is
29
needed,
the
board
may,
within
thirty
days
of
the
date
the
30
request
was
filed
under
subparagraph
(1),
request
additional
31
information
from
the
board
of
trustees.
The
board
shall
be
32
limited
to
one
request
for
additional
information.
33
(3)
Not
more
than
sixty
days
after
receiving
the
engineer’s
34
report
required
or
the
additional
information
requested
under
35
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subparagraph
(2),
whichever
is
later,
the
board
shall
hold
a
1
public
hearing
to
determine
the
need
for
improvements
in
the
2
rural
improvement
zone.
Notice
of
hearing
shall
be
given
by
3
publication
as
provided
in
section
331.305.
Holding
a
public
4
hearing
pursuant
to
this
subparagraph
is
not
dispositive
of
5
the
approval
or
denial
of
a
request
for
an
extension
of
the
6
dissolution
date
by
the
board
under
this
chapter.
7
(4)
Within
thirty
days
after
the
public
hearing,
the
8
board
shall
either
find
a
need
for
improvements
in
the
9
rural
improvement
zone
and
adopt
a
resolution
approving
the
10
twenty-year
extension
or
find
that
the
area
is
no
longer
in
11
need
of
improvements.
If
the
board
fails
to
either
approve
or
12
deny
the
extension
within
the
ten-day
period,
the
request
for
a
13
twenty-year
extension
is
deemed
approved.
14
3.
Upon
dissolution
of
the
zone,
all
assets
shall
be
deeded
15
or
otherwise
transferred
to
a
nonprofit
corporation
whose
16
members
are
property
owners
of
the
improvement
zone.
17
4.
Upon
dissolution
of
the
zone,
the
collection
of
the
18
property
tax
authorized
under
section
357H.8,
subsection
4,
and
19
the
division
of
taxes
authorized
under
section
357H.9
shall
20
cease
immediately.
21
Sec.
13.
NEW
SECTION
.
357H.11
Agreements.
22
Any
agreement
or
other
instrument
in
connection
with
an
23
agreement
between
a
board
of
trustees
and
a
board
in
effect
on
24
July
1,
2015,
relating
to
the
division
of
taxes
under
section
25
357H.9,
the
dissolution
date
of
a
rural
improvement
zone,
or
26
the
criteria
used
for
determining
the
need
for
improvements
27
in
the
rural
improvement
zone
that
is
inconsistent
with
this
28
chapter
shall
be
null
and
void.
However,
nothing
in
this
29
chapter
shall
be
construed
to
prohibit
the
board
of
trustees
30
and
the
board
from
entering
into
an
agreement
on
or
after
31
July
1,
2015,
relating
to
the
division
of
taxes
under
section
32
357H.9,
the
dissolution
date
of
the
rural
improvement
zone,
or
33
the
criteria
used
for
determining
the
need
for
improvements
in
34
the
rural
improvement
zone,
so
long
as
such
agreement
does
not
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violate
the
provisions
of
this
chapter.
1
Sec.
14.
Section
403.20,
Code
2015,
is
amended
to
read
as
2
follows:
3
403.20
Percentage
of
adjustment
considered
in
value
4
assessment.
5
In
determining
the
assessed
value
of
property
within
an
6
urban
renewal
area
which
is
subject
to
a
division
of
tax
7
revenues
pursuant
to
section
403.19
,
the
difference
between
the
8
actual
value
of
the
property
as
determined
by
the
assessor
each
9
year
and
the
percentage
of
adjustment
certified
for
that
year
10
by
the
director
of
revenue
on
or
before
November
1
pursuant
to
11
section
441.21,
subsection
9
,
multiplied
by
the
actual
value
of
12
the
property
as
determined
by
the
assessor,
shall
be
subtracted
13
from
the
actual
value
of
the
property
as
determined
pursuant
14
to
section
403.19,
subsection
1
.
If
the
assessed
value
of
the
15
property
as
determined
pursuant
to
section
403.19,
subsection
16
1
,
is
reduced
to
zero,
or
if
the
reduction
in
the
assessed
17
value
of
the
property
as
determined
pursuant
to
section
403.19,
18
subsection
1,
is
limited
by
operation
of
section
357H.9,
19
subsection
1,
paragraph
“b”
or
“c”
,
the
additional
valuation
20
reduction
shall
be
subtracted
from
the
actual
value
of
the
21
property
as
determined
by
the
assessor.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
establishment,
operation,
and
26
dissolution
of
rural
improvement
zones
under
Code
chapter
357H.
27
Current
law
provides
that
the
population
threshold
for
28
establishing
a
rural
improvement
zone
is
determined
using
29
the
2000
certified
federal
census.
The
bill
changes
that
30
requirement
so
that
the
population
is
determined
using
the
most
31
recent
certified
federal
census.
32
Current
Code
section
357H.1
provides
that
a
board
of
33
supervisors
of
a
county
meeting
specified
population
34
requirements
shall
designate
an
area
surrounding
the
lake,
if
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it
is
an
unincorporated
area
of
the
county,
a
rural
improvement
1
zone
upon
receipt
of
a
petition,
and
upon
the
board’s
2
determination
that
the
area
is
in
need
of
improvements.
This
3
bill
strikes
“shall”
from
that
provision
and
inserts
“may”.
4
The
bill
also
adds
a
definition
of
“lake”
for
purposes
of
5
determining
eligibility
to
establish
a
rural
improvement
zone.
6
The
bill
defines
“lake”
to
mean
a
body
of
water
that
has
a
7
surface
area
of
at
least
80
acres.
8
The
bill
adds
water
quality
activities
to
the
definition
9
of
“improvements”.
Under
Code
chapter
357H,
the
board
of
10
trustees
may
authorize
construction,
reconstruction,
or
repair
11
of
improvements
for
the
rural
improvement
zone.
Under
the
12
bill,
“water
quality
activities”
includes
but
is
not
limited
13
to
creation
or
maintenance
of
grass
waterways
or
wetlands,
14
bank
stabilization,
watershed
protection,
activities
on
lands
15
outside
the
rural
improvement
zone
which
affect
water
quality
16
within
the
zone,
and
any
other
activity
which
will
improve
17
water
quality
of
a
stream,
river,
or
lake.
18
The
bill
provides
that
as
part
of
the
approval
process
for
a
19
rural
improvement
zone,
the
petition
must
include
a
statement
20
of
the
need
for
the
proposed
zone
based
upon
a
report
prepared
21
by
a
licensed
professional
engineer.
The
report
utilized
22
in
preparing
the
petition
must
have
been
prepared
not
more
23
than
two
years
before
the
date
the
petition
is
filed.
The
24
information
required
to
be
included
in
the
engineer’s
report
25
relates
to
the
size
of
the
lake,
soil
classification,
silt
26
accumulation
data
and
estimates,
water
quality
assessments,
27
and
cost
estimates.
The
bill
requires
a
copy
of
the
report
28
prepared
by
the
licensed
professional
engineer
and
used
to
29
prepare
the
petition
to
be
submitted
with
the
petition.
30
The
bill
changes
the
period
of
time
required
for
holding
31
a
public
hearing
on
the
petition
from
within
30
days
of
32
presentation
of
the
petition
to
within
60
days.
The
bill
33
specifies
that
holding
a
public
hearing
relating
to
the
34
establishment
of
a
rural
improvement
zone
is
not
dispositive
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of
the
approval
or
denial
of
a
petition
by
the
board.
In
1
addition,
the
bill
provides
that
if
the
board
of
supervisors
2
determines
that
the
petition
or
the
engineer’s
report
does
3
not
substantially
meet
the
statutory
requirements,
the
4
board
may,
within
30
days
of
presentation
of
the
petition,
5
request
additional
information
from
the
petitioners.
The
6
board’s
request
for
additional
information
is
limited
to
the
7
statutorily
required
information
that
was
not
contained
in
the
8
petition
or
in
the
accompanying
engineer’s
report.
The
bill
9
limits
the
board
to
one
request
for
additional
information.
10
Upon
presentation
of
the
additional
information,
the
public
11
hearing
must
be
held
within
60
days
of
receiving
the
additional
12
information.
13
Current
law
requires
that
the
board
either
establish
the
14
rural
improvement
zone
by
resolution
or
disallow
the
petition
15
within
10
days
after
the
required
public
hearing.
The
bill
16
changes
that
period
of
time
to
30
days.
17
The
bill
strikes
the
provision
which
prohibited
the
issuance
18
of
certificates
for
the
payment
of
a
rural
improvement
zone’s
19
improvements
and
activities
after
January
1,
2007,
and
provides
20
that
such
certificates,
including
certificates
to
refund
21
outstanding
certificates,
may
not
be
issued
if
the
maturity
22
date
of
the
certificates
would
be
after
the
date
the
rural
23
improvement
zone
is
to
be
dissolved,
as
provided
by
the
bill.
24
Current
Code
section
357H.9
authorizes
rural
improvement
25
zones
to
authorize
the
use
of
taxes
from
a
division
of
taxes
26
(tax
increment
financing).
The
bill
provides
that
for
fiscal
27
years
beginning
on
or
after
July
1,
2016,
when
calculating
the
28
amount
of
taxes
subject
to
the
division
of
taxes
in
a
rural
29
improvement
zone
established
on
or
after
July
1,
2004,
if
the
30
assessed
value
of
the
taxable
property
in
the
rural
improvement
31
zone
used
to
calculate
the
amount
of
taxes
under
Code
section
32
403.19(1)
is
less
than
50
percent
of
the
assessed
value
used
33
to
calculate
the
total
amount
of
property
taxes
in
the
rural
34
improvement
zone
for
the
fiscal
year
in
which
the
taxes
are
due
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and
payable,
the
assessed
value
used
to
calculate
the
amount
of
1
taxes
under
Code
section
403.19(1)
shall,
notwithstanding
any
2
reduction
required
due
to
an
assessment
limitation
(rollback)
3
under
Code
section
403.20,
be
increased
for
that
fiscal
year
4
until
the
amount
is
equal
to
50
percent
of
the
assessed
value
5
used
to
calculate
the
total
amount
of
property
taxes
in
the
6
rural
improvement
zone
for
the
fiscal
year
in
which
the
taxes
7
are
due
and
payable.
However,
for
the
period
of
10
consecutive
8
fiscal
years
beginning
with
the
first
fiscal
year
in
which
9
those
zones
established
on
or
after
July
1,
2014,
receive
10
revenue
from
a
division
of
taxes,
the
division
of
taxes
is
11
subject
to
the
assessed
value
adjustment
in
the
bill,
except
12
that
any
references
to
50
percent
shall
be
40
percent.
13
The
bill
also
provides
that
for
fiscal
years
beginning
on
14
or
after
July
1,
2016,
when
calculating
the
amount
of
taxes
15
subject
to
the
division
of
taxes
in
a
rural
improvement
zone
16
established
before
July
1,
2004,
if
the
assessed
value
of
17
the
taxable
property
in
the
rural
improvement
zone
used
to
18
calculate
the
amount
of
taxes
under
Code
section
403.19(1)
is
19
less
than
60
percent
of
the
assessed
value
used
to
calculate
20
the
total
amount
of
property
taxes
in
the
rural
improvement
21
zone
for
the
fiscal
year
in
which
the
taxes
are
due
and
22
payable,
the
assessed
value
used
to
calculate
the
amount
of
23
taxes
under
Code
section
403.19(1)
shall,
notwithstanding
any
24
reduction
required
due
to
an
assessment
limitation
(rollback)
25
under
Code
section
403.20,
be
increased
for
that
fiscal
year
26
until
the
amount
is
equal
to
60
percent
of
the
assessed
value
27
used
to
calculate
the
total
amount
of
property
taxes
in
the
28
rural
improvement
zone
for
the
fiscal
year
in
which
the
taxes
29
are
due
and
payable.
30
The
bill
authorizes
the
board
of
trustees
to
enter
into
31
an
agreement
with
the
board
of
supervisors
that
modifies
the
32
allocation
of
the
taxes
levied
in
the
rural
improvement
zone.
33
Such
an
agreement
shall
not,
however,
provide
an
allocation
34
to
the
other
taxing
districts
that
is
less
than
the
amount
of
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557
taxes
resulting
from
application
of
assessed
value
adjustments
1
required
in
the
bill.
2
The
bill
provides
that
not
later
than
December
1
of
each
3
year
the
board
of
trustees
of
a
zone
shall
file
with
the
4
county
auditor
an
annual
financial
report
showing
the
rural
5
improvement
zone’s
financial
condition
as
of
June
30
and
the
6
results
of
operations
for
the
year
then
ended.
The
bill
also
7
provides
that
all
rural
improvement
zones
are
subject
to
annual
8
audit
either
by
the
auditor
of
state
or
by
a
certified
public
9
accountant
contracted
with
or
employed
by
the
rural
improvement
10
zone
to
conduct
the
audit.
11
The
bill
provides
that,
unless
dissolved
by
resolution
of
12
the
board
of
trustees,
each
rural
improvement
zone
is
dissolved
13
on
June
30,
2019,
or
20
years
from
the
first
day
of
the
fiscal
14
year
following
the
fiscal
year
in
which
the
zone
first
receives
15
revenue
from
the
division
of
taxes,
whichever
is
later.
The
16
bill
further
provides
that
the
date
required
for
dissolution
17
may
be
extended
by
resolution
of
the
board
of
supervisors
18
adopted
prior
to
the
date
required
for
dissolution
or
prior
to
19
the
date
to
which
the
rural
improvement
zone
was
previously
20
extended
by
the
board
of
supervisors
under
the
provisions
of
21
the
bill.
Each
extension
shall
be
for
a
period
of
20
years.
22
The
bill
updates
language
relating
to
the
disposition
of
23
property
upon
dissolution
of
the
zone
and
specifies
that
any
24
collection
of,
or
division
of,
property
taxes
under
Code
25
chapter
357H
ceases
immediately
upon
dissolution
of
the
zone.
26
Under
the
bill,
the
rural
improvement
zone’s
board
of
27
trustees
must
file
a
written
request
with
the
board
of
28
supervisors
requesting
an
extension
of
the
dissolution
date.
29
The
request
must
state
the
improvements
needed
in
the
zone
30
beyond
the
dissolution
date
otherwise
required
by
the
bill.
31
Within
90
days
after
receiving
the
request,
the
board
of
32
supervisors
must
either
adopt
a
resolution
granting
the
20-year
33
extension
without
further
proceedings,
or
notify
the
board
of
34
trustees
in
writing
of
the
board’s
intent
to
review
the
zone’s
35
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557
dissolution
date.
The
board
may,
as
part
of
its
notice
to
the
1
board
of
trustees,
request
a
report
prepared
by
a
licensed
2
professional
engineer.
If
the
board
fails
to
either
approve
3
the
extension
by
resolution
or
notify
the
board
of
trustees
of
4
the
board’s
intent
to
review
the
zone’s
dissolution
date
within
5
the
90-day
period,
the
request
for
a
20-year
extension
is
6
deemed
approved.
The
board
of
supervisors
requests
additional
7
information
from
the
board
of
trustees.
As
part
of
the
8
board
of
supervisors’
further
review
of
the
request,
a
public
9
hearing
must
be
held
within
the
period
of
time
specified
in
10
the
bill.
Within
30
days
after
the
public
hearing,
the
board
11
of
supervisors
is
required
to
either
find
a
continued
need
for
12
the
rural
improvement
zone
and
adopt
a
resolution
approving
the
13
20-year
extension
or
find
that
the
continued
operation
of
the
14
rural
improvement
zone
is
not
necessary
and
deny
the
request
15
for
an
extension.
If
the
board
fails
to
either
approve
or
16
deny
the
extension
within
the
specified
period
of
time
after
17
the
hearing,
the
request
for
a
20-year
extension
is
deemed
18
approved.
19
The
bill
provides
that
any
agreement
or
other
instrument
in
20
connection
with
an
agreement
between
a
board
of
trustees
and
21
a
board
in
effect
on
July
1,
2015,
relating
to
the
division
of
22
taxes,
the
dissolution
date
of
a
rural
improvement
zone,
or
23
the
criteria
used
for
determining
the
need
for
improvements
in
24
the
rural
improvement
zone
that
is
inconsistent
with
this
Code
25
chapter
shall
be
null
and
void.
However,
the
bill
provides
26
that
nothing
in
Code
chapter
357H
shall
be
construed
to
27
prohibit
the
board
of
trustees
and
the
board
from
entering
into
28
an
agreement
on
or
after
July
1,
2015,
relating
to
the
division
29
of
taxes,
the
dissolution
date
of
the
rural
improvement
zone,
30
or
the
criteria
used
for
determining
the
need
for
improvements
31
in
the
rural
improvement
zone,
so
long
as
such
agreement
does
32
not
violate
the
provisions
of
Code
chapter
357H.
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