Senate File 619 - Introduced SENATE FILE 619 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1276) A BILL FOR An Act relating to state and local revenue and finance by 1 modifying future tax contingencies, the state inheritance 2 tax, mental health and disability services funding, school 3 district funding, commercial and industrial property tax 4 replacement payments, providing for housing incentives, 5 providing for other properly related matters, making 6 appropriations, and including effective date, applicability, 7 and retroactive applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 2832SV (1) 89 jm/jh
S.F. 619 DIVISION I 1 FUTURE TAX CONTINGENCIES 2 Section 1. 2018 Iowa Acts, chapter 1161, section 133, is 3 amended by striking the section and inserting in lieu thereof 4 the following: 5 SEC. 133. EFFECTIVE DATE. This division of this Act takes 6 effect January 1, 2023. 7 DIVISION II 8 CHILD DEPENDENT AND DEVELOPMENT TAX CREDITS 9 Sec. 2. Section 422.12C, subsection 1, paragraphs f and g, 10 Code 2021, are amended to read as follows: 11 f. For a taxpayer with net income of forty thousand dollars 12 or more but less than forty-five ninety thousand dollars, 13 thirty percent. 14 g. For a taxpayer with net income of forty-five ninety 15 thousand dollars or more, zero percent. 16 Sec. 3. Section 422.12C, subsection 2, paragraph a, Code 17 2021, is amended to read as follows: 18 a. The taxes imposed under this subchapter , less the amounts 19 of nonrefundable credits allowed under this subchapter , may 20 be reduced by an early childhood development tax credit equal 21 to twenty-five percent of the first one thousand dollars 22 which the taxpayer has paid to others for each dependent, as 23 defined in the Internal Revenue Code, ages three through five 24 for early childhood development expenses. In determining the 25 amount of early childhood development expenses for the tax year 26 beginning in the 2006 calendar year only, such expenses paid 27 during November and December of the previous tax year shall 28 be considered paid in the tax year for which the tax credit 29 is claimed. This credit is available to a taxpayer whose net 30 income is less than forty-five ninety thousand dollars. If the 31 early childhood development tax credit is claimed for a tax 32 year, the taxpayer and the taxpayer’s spouse shall not claim 33 the child and dependent care credit under subsection 1 . 34 Sec. 4. RETROACTIVE APPLICABILITY. This division of this 35 -1- LSB 2832SV (1) 89 jm/jh 1/ 103
S.F. 619 Act applies retroactively to tax years beginning on or after 1 January 1, 2021. 2 DIVISION III 3 COVID-19 RELATED GRANTS —— TAXATION 4 Sec. 5. Section 422.7, subsection 62, Code 2021, is amended 5 to read as follows: 6 62. a. Subtract, to the extent included, the amount of 7 any financial assistance qualifying COVID-19 grant provided to 8 an eligible small issued to an individual or business by the 9 economic development authority under the Iowa small business 10 relief grant program created during calendar year 2020 to 11 provide financial assistance to eligible small businesses 12 economically impacted by the COVID-19 pandemic , the Iowa 13 finance authority, or the department of agriculture and land 14 stewardship . 15 b. For purposes of this subsection, “qualifying COVID-19 16 grant” includes any grant that was issued between March 17, 17 2020, and December 31, 2021, identified by the department 18 by rule under a grant program created to primarily provide 19 COVID-19 related financial assistance to economically 20 impacted individuals and businesses located in this state, 21 and administered by the economic development authority, Iowa 22 finance authority, or the department of agriculture and land 23 stewardship. 24 c. The economic development authority, Iowa finance 25 authority, or the department of agriculture and land 26 stewardship shall notify the department of any COVID-19 grant 27 program that may qualify under this subsection in the manner 28 and form prescribed by the department. 29 d. This subsection is repealed January 1, 2024, and does not 30 apply to tax years beginning on or after that date. 31 Sec. 6. Section 422.35, subsection 30, Code 2021, is amended 32 to read as follows: 33 30. a. Subtract, to the extent included, the amount of 34 any financial assistance qualifying COVID-19 grant provided 35 -2- LSB 2832SV (1) 89 jm/jh 2/ 103
S.F. 619 to an eligible small issued to a business by the economic 1 development authority under the Iowa small business relief 2 grant program created during calendar year 2020 to provide 3 financial assistance to eligible small businesses economically 4 impacted by the COVID-19 pandemic , the Iowa finance authority, 5 or the department of agriculture and land stewardship . 6 b. For purposes of this subsection, “qualifying COVID-19 7 grant” means the same as defined in section 422.7, subsection 8 62, paragraph “b” . 9 c. The economic development authority, Iowa finance 10 authority, or the department of agriculture and land 11 stewardship shall notify the department of any COVID-19 grant 12 program that may qualify under this subsection in the manner 13 and form prescribed by the department. 14 d. This subsection is repealed January 1, 2024, and does not 15 apply to tax years beginning on or after that date. 16 Sec. 7. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 Sec. 8. RETROACTIVE APPLICABILITY. This division of this 19 Act applies retroactively to March 17, 2020, for tax years 20 ending on or after that date. 21 DIVISION IV 22 FEDERAL PAYCHECK PROTECTION PROGRAM 23 Sec. 9. FEDERAL PAYCHECK PROTECTION PROGRAM. 24 Notwithstanding any other provision of the law to the contrary, 25 for any tax year ending after March 27, 2020, Division N, Tit. 26 II, subtit. B, §276 and §278(a), of the federal Consolidated 27 Appropriations Act, 2021, Pub. L. No. 116-260, applies in 28 computing net income for state tax purposes under section 422.7 29 or 422.35. 30 Sec. 10. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 DIVISION V 33 INSTALLMENT SALES —— CAPITAL GAINS 34 Sec. 11. 2018 Iowa Acts, chapter 1161, section 134, is 35 -3- LSB 2832SV (1) 89 jm/jh 3/ 103
S.F. 619 amended to read as follows: 1 SEC. 134. APPLICABILITY. 2 1. This division of this Act applies to tax years beginning 3 on or after the effective date of this division of this Act. 4 2. The section of this division of this Act amending section 5 422.7, subsection 21, as amended by 2019 Iowa Acts, chapter 6 162, applies to sales consummated on or after the effective 7 date of this division of this Act, and sales consummated prior 8 to the effective date of this division of this Act shall be 9 governed by law as it existed prior to the effective date of 10 this division of this Act. 11 DIVISION VI 12 STATE INHERITANCE TAX 13 PART I 14 EXEMPTIONS AND RATES 15 Sec. 12. Section 450.4, subsection 1, Code 2021, is amended 16 to read as follows: 17 1. When the entire estate of the decedent does not exceed 18 the sum of twenty-five thousand dollars following amounts after 19 deducting the liabilities, as defined in this chapter : 20 a. For decedents dying on or after January 1, 2021, but 21 before January 1, 2022, three hundred thousand dollars . 22 b. For decedents dying on or after January 1, 2022, but 23 before January 1, 2023, six hundred thousand dollars. 24 c. For decedents dying on or after January 1, 2023, but 25 before January 1, 2024, one million dollars. 26 Sec. 13. Section 450.10, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 7. a. In lieu of each rate of tax imposed 29 in subsections 1 through 4, for property passing from the 30 estate of a decedent dying on or after January 1, 2021, but 31 before January 1, 2022, there shall be imposed a rate of tax 32 equal to the applicable tax rate in subsections 1 through 4, 33 reduced by twenty-five percent, and rounded to the nearest 34 one-hundredth of one percent. 35 -4- LSB 2832SV (1) 89 jm/jh 4/ 103
S.F. 619 b. In lieu of each rate of tax imposed in subsections 1 1 through 4, for property passing from the estate of a decedent 2 dying on or after January 1, 2022, but before January 1, 2023, 3 there shall be imposed a rate of tax equal to the applicable 4 tax rate in subsections 1 through 4, reduced by fifty percent, 5 and rounded to the nearest one-hundredth of one percent. 6 c. In lieu of each rate of tax imposed in subsections 1 7 through 4, for property passing from the estate of a decedent 8 dying on or after January 1, 2023, but before January 1, 2024, 9 there shall be imposed a rate of tax equal to the applicable 10 tax rate in subsections 1 through 4, reduced by seventy-five 11 percent, and rounded to the nearest one-hundredth of one 12 percent. 13 PART II 14 REPEAL OF STATE INHERITANCE TAX 15 Sec. 14. NEW SECTION . 450.98 Tax repealed. 16 This chapter shall not apply, effective January 1, 2024, 17 to property of estates of decedents dying on or after January 18 1, 2024. The inheritance tax shall not be imposed under this 19 chapter if a decedent dies on or after January 1, 2024, and to 20 this extent this chapter is repealed. 21 Sec. 15. NEW SECTION . 450.99 Future repeal. 22 This chapter is repealed effective January 1, 2034. 23 Sec. 16. NEW SECTION . 450B.8 Tax repealed. 24 This chapter shall not apply, effective January 1, 2024, 25 to property of estates of decedents dying on or after January 26 1, 2024. The inheritance tax shall not be imposed under this 27 chapter if a decedent dies on or after January 1, 2024, and to 28 this extent this chapter is repealed. 29 Sec. 17. NEW SECTION . 450B.9 Future repeal. 30 This chapter is repealed effective January 1, 2034. 31 Sec. 18. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. 19. RETROACTIVE APPLICABILITY. This division of this 34 Act applies retroactively to January 1, 2021, for tax years 35 -5- LSB 2832SV (1) 89 jm/jh 5/ 103
S.F. 619 beginning on or after that date, and for decedents dying on or 1 after that date. 2 Sec. 20. CODE EDITOR DIRECTIVE. The Code editor is directed 3 to correct internal references and other appropriate references 4 in the Code, and in any enacted Iowa Acts as necessary, to 5 chapters 450 and 450B, and to the inheritance tax and qualified 6 use inheritance tax, effective January 1, 2034. 7 DIVISION VII 8 HOUSING TRUST FUND 9 Sec. 21. Section 428A.8, subsection 3, Code 2021, is amended 10 to read as follows: 11 3. Notwithstanding subsection 2 , the amount of money that 12 shall be transferred pursuant to this section to the housing 13 trust fund in any one fiscal year shall not exceed three seven 14 million dollars. Any money that otherwise would be transferred 15 pursuant to this section to the housing trust fund in excess 16 of that amount shall be deposited in the general fund of the 17 state. 18 DIVISION VIII 19 HIGH QUALITY JOBS PROGRAM —— DAY CARE CENTERS 20 Sec. 22. Section 15.327, Code 2021, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 016. “Licensed center” means the same as 23 defined in section 237A.1. 24 Sec. 23. Section 15.329, Code 2021, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3A. In addition to the factors in 27 subsection 3, in determining the eligibility of a business to 28 participate in the program the authority may consider whether a 29 proposed project will provide a licensed center for use by the 30 business’s employees. 31 DIVISION IX 32 INVESTMENT TAX CREDITS AND INNOVATION FUND TAX CREDITS 33 Sec. 24. Section 15.119, subsection 2, paragraph d, Code 34 2021, is amended to read as follows: 35 -6- LSB 2832SV (1) 89 jm/jh 6/ 103
S.F. 619 d. (1) The tax credits for investments in qualifying 1 businesses issued pursuant to section 15E.43 and for equity 2 investments in an innovation fund pursuant to section 15E.52 . 3 In allocating tax credits pursuant to this subsection , the 4 authority shall allocate two an aggregate of ten million 5 dollars for purposes of this paragraph subparagraph , unless the 6 authority determines that the tax credits awarded will be less 7 than that amount. 8 (2) On or before June 30 of each fiscal year the authority 9 shall determine the amount of tax credits to be allocated 10 for the next fiscal year beginning July 1 to investments 11 in qualifying businesses and to equity investments in an 12 innovation fund under subparagraph (1). Any tax credits 13 allocated for purposes of subparagraph (1) and not awarded 14 in that fiscal year shall be reallocated to a purpose under 15 subparagraph (1) for the next fiscal year and shall not be 16 counted against the aggregate maximum of ten million dollars. 17 Sec. 25. Section 15.119, subsection 2, paragraph e, Code 18 2021, is amended by striking the paragraph. 19 Sec. 26. Section 15E.43, subsection 2, paragraphs b and c, 20 Code 2021, are amended to read as follows: 21 b. The maximum amount of a tax credit that may be issued 22 per calendar fiscal year to a natural person and the person’s 23 spouse or dependent shall not exceed one hundred thousand 24 dollars combined. For purposes of this paragraph, a tax 25 credit issued to a partnership, limited liability company, S 26 corporation, estate, or trust electing to have income taxed 27 directly to the individual shall be deemed to be issued to 28 the individual owners based upon the pro rata share of the 29 individual’s earnings from the entity. For purposes of this 30 paragraph, “dependent” has the same meaning as provided by the 31 Internal Revenue Code. 32 c. The maximum amount of tax credits that may be issued 33 per calendar fiscal year for equity investments in any one 34 qualifying business shall not exceed five hundred thousand 35 -7- LSB 2832SV (1) 89 jm/jh 7/ 103
S.F. 619 dollars. 1 Sec. 27. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 Sec. 28. APPLICABILITY. The following applies to tax 4 credits allocated on or after the fiscal year beginning July 1, 5 2021, and for each fiscal year thereafter: 6 The section of this division of this Act amending section 7 15.119, subsection 2, paragraph “d”. 8 DIVISION X 9 TELEHEALTH —— MENTAL HEALTH PARITY 10 Sec. 29. Section 514C.34, subsection 1, Code 2021, is 11 amended by adding the following new paragraphs: 12 NEW PARAGRAPH . 0a. “Covered person” means the same as 13 defined in section 514J.102. 14 NEW PARAGRAPH . 00a. “Facility” means the same as defined in 15 section 514J.102. 16 NEW PARAGRAPH . 0c. “Health carrier” means the same as 17 defined in section 514J.102. 18 Sec. 30. Section 514C.34, subsection 1, paragraph c, Code 19 2021, is amended to read as follows: 20 c. “Telehealth” means the delivery of health care services 21 through the use of real-time interactive audio and video , or 22 other real-time interactive electronic media, regardless of 23 where the health care professional and the covered person are 24 each located . “Telehealth” does not include the delivery of 25 health care services delivered solely through an audio-only 26 telephone, electronic mail message, or facsimile transmission. 27 Sec. 31. Section 514C.34, Code 2021, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 3A. a. A health carrier shall reimburse 30 a health care professional and a facility for health care 31 services provided by telehealth to a covered person for a 32 mental health condition, illness, injury, or disease on the 33 same basis and at the same rate as the health carrier would 34 apply to the same health care services for a mental health 35 -8- LSB 2832SV (1) 89 jm/jh 8/ 103
S.F. 619 condition, illness, injury, or disease provided in person to a 1 covered person by the health care professional or the facility. 2 b. As a condition of reimbursement pursuant to paragraph 3 “a” , a health carrier shall not require that an additional 4 health care professional be located in the same room as a 5 covered person while health care services for a mental health 6 condition, illness, injury, or disease are provided via 7 telehealth by another health care professional to the covered 8 person. 9 Sec. 32. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. 33. RETROACTIVE APPLICABILITY. This division of 12 this Act applies to health care services for a mental health 13 condition, illness, injury, or disease provided by a health 14 care professional or a facility to a covered person by 15 telehealth on or after January 1, 2021. 16 DIVISION XI 17 HIGH QUALITY JOBS AND RENEWABLE CHEMICAL PRODUCTION TAX CREDITS 18 Sec. 34. Section 15.119, subsection 2, paragraph a, 19 subparagraphs (2) and (3), Code 2021, are amended to read as 20 follows: 21 (2) In allocating tax credits pursuant to this subsection 22 for each fiscal year of the fiscal period beginning July 1, 23 2016, and ending June 30, 2021 the fiscal year beginning July 24 1, 2021, and for each fiscal year thereafter , the authority 25 shall not allocate more than one hundred five seventy million 26 dollars for purposes of this paragraph. This subparagraph (2) 27 is repealed July 1, 2021. 28 (3) (a) In allocating tax credits pursuant to this 29 subsection for the fiscal year beginning July 1, 2021, and 30 ending June 30, 2022, the authority shall not allocate more 31 than one hundred five million dollars for purposes of this 32 paragraph if the aggregate amount of renewable chemical 33 production tax credits under section 15.319 that were awarded 34 on or after July 1, 2018, but before July 1, 2021, equals or 35 -9- LSB 2832SV (1) 89 jm/jh 9/ 103
S.F. 619 exceeds twenty-seven million dollars. 1 (b) As soon as practicable after June 30, 2021, the 2 authority shall notify the general assembly of the aggregate 3 amount of renewable chemical production tax credits awarded 4 under section 15.319 on or after July 1, 2018, but before 5 July 1, 2021, and whether or not the tax credit allocation 6 limitation described in subparagraph division (a) is 7 applicable. 8 (c) This subparagraph (3) is repealed July 1, 2022. 9 Sec. 35. Section 15.119, subsection 2, paragraph h, Code 10 2021, is amended to read as follows: 11 h. The renewable chemical production tax credit program 12 administered pursuant to sections 15.315 through 15.322 . In 13 allocating tax credits pursuant to this subsection for the 14 fiscal year beginning July 1, 2021, and for each fiscal year 15 thereafter , the authority shall not allocate more than ten five 16 million dollars for purposes of this paragraph. This paragraph 17 is repealed July 1, 2030. 18 Sec. 36. EFFECTIVE DATE. This division of this Act, being 19 deemed of immediate importance, takes effect upon enactment. 20 DIVISION XII 21 HIGH QUALITY JOBS —— ELIGIBILITY REQUIREMENTS 22 Sec. 37. HIGH QUALITY JOBS —— REDUCTIONS IN OPERATIONS. 23 1. Notwithstanding section 15.329, subsection 1, paragraph 24 “b”, subparagraph (2), the economic development authority shall 25 not presume that a reduction in operations is a reduction in 26 operations while simultaneously applying for assistance with 27 regard to a business that submits an application on or before 28 June 30, 2022, if the business demonstrates to the satisfaction 29 of the authority all of the following: 30 a. That the reduction in operations occurred after March 1, 31 2020. 32 b. That the reduction in operations was caused by the 33 COVID-19 pandemic. 34 2. The economic development authority shall consider 35 -10- LSB 2832SV (1) 89 jm/jh 10/ 103
S.F. 619 whether the benefit of the project proposed by a business 1 under subsection 1 outweighs any negative impact related to 2 the business’s reduction in operations. The business shall 3 remain subject to all other eligibility requirements pursuant 4 to section 15.329. 5 3. This section is repealed July 1, 2022. 6 DIVISION XIII 7 MANUFACTURING 4.0 8 Sec. 38. NEW SECTION . 15.371 Manufacturing 4.0 technology 9 investment program. 10 1. This section shall be known as and may be cited as the 11 “Manufacturing 4.0 Technology Investment Program” . 12 2. For purposes of this section unless the context otherwise 13 requires: 14 a. “Financial assistance” means the same as defined in 15 section 15.102. 16 b. “Manufacturing 4.0 technology investments” means projects 17 that are intended to lead to the adoption of, and integration 18 of, smart technologies into existing manufacturing operations 19 located in the state by mitigating the risk to the manufacturer 20 of significant technology investments. Projects may include 21 investments in specialized hardware, software, or other 22 equipment intended to assist a manufacturer in increasing the 23 manufacturer’s productivity, efficiency, and competitiveness. 24 3. a. A manufacturing 4.0 technology investment fund 25 is created within the state treasury under the control of 26 the authority for the purpose of financing manufacturing 4.0 27 technology investments as described in this section. 28 b. The fund may be administered as a revolving fund and 29 may consist of any moneys appropriated by the general assembly 30 for purposes of this section and any other moneys that are 31 lawfully available to the authority. Any moneys appropriated 32 to the fund shall be used for purposes of the manufacturing 33 4.0 technology investment program. The authority may use all 34 other moneys in the fund, including interest, earnings, and 35 -11- LSB 2832SV (1) 89 jm/jh 11/ 103
S.F. 619 recaptures, for purposes of this section. 1 c. Notwithstanding section 8.33, moneys appropriated in this 2 section that remain unencumbered or unobligated at the close of 3 the fiscal year shall not revert but shall remain available for 4 expenditure for the purposes designated until the close of the 5 succeeding fiscal year. 6 d. Notwithstanding any law to the contrary, the authority 7 may transfer any unobligated and unencumbered moneys in the 8 fund, except for moneys appropriated for purposes of this 9 section, to any fund created pursuant to section 15.106A, 10 subsection 1, paragraph “o” . 11 4. The authority shall establish and administer a 12 manufacturing 4.0 technology investment program and shall use 13 moneys in the fund to award financial assistance to eligible 14 manufacturers for manufacturing 4.0 technology investments. 15 5. To be eligible for a financial assistance award under the 16 manufacturing 4.0 technology investment program, a manufacturer 17 must do all of the following: 18 a. Manufacture goods at a facility located in this state. 19 b. Have a North American industry classification system 20 number within the manufacturing sector range of 31-33. 21 c. Have been an established business for a minimum of three 22 years prior to the date of application to the program. 23 d. Derive a minimum of fifty-one percent of the 24 manufacturer’s gross revenue from the sale of manufactured 25 goods. 26 e. Employ a minimum of three full-time employees and no 27 more than seventy-five full-time employees across all of the 28 manufacturer’s locations. 29 f. Have an assessment of the manufacturer’s proposed 30 manufacturing 4.0 technology investment completed by the center 31 for industrial research and service at Iowa state university of 32 science and technology. 33 g. Demonstrate the ability to provide matching financial 34 support for the manufacturer’s manufacturing 4.0 technology 35 -12- LSB 2832SV (1) 89 jm/jh 12/ 103
S.F. 619 investment on a one-to-one basis. The matching financial 1 support must be obtained from private sources. 2 6. Eligible manufacturers shall submit applications to the 3 manufacturing 4.0 technology investment program in the manner 4 prescribed by the authority by rule. 5 7. a. The authority may accept applications during one 6 or more application periods each fiscal year as determined by 7 the authority. All completed applications shall be reviewed 8 and scored on a competitive basis pursuant to rules adopted by 9 the authority. The authority may engage an outside technical 10 review panel to complete technical reviews of applications. 11 The board shall review the recommendations of the authority 12 and of the technical review panel, if applicable, and shall 13 approve, defer, or deny each application. 14 b. In making recommendations to the board, the authority and 15 the technical review panel, if applicable, shall consider all 16 of the following: 17 (1) The completeness of the manufacturer’s application. 18 (2) Whether the board should approve or deny an application. 19 (3) If the board approves an application, the type and 20 amount of financial assistance that should to be awarded to the 21 applicant. 22 (4) The percentage of the manufacturer’s gross revenue 23 that is derived from the sale of manufactured goods pursuant 24 to subsection 5, paragraph “d” . 25 (5) Whether the manufacturer’s proposed manufacturing 26 4.0 technology investment is consistent with the assessment 27 completed by the center for industrial research and service at 28 Iowa state university of science and technology pursuant to 29 subsection 5, paragraph “f” . 30 c. The board shall not approve an application for financial 31 assistance for a manufacturing 4.0 technology investment that 32 was made prior to the date of the application. 33 8. From moneys appropriated to the manufacturing 4.0 34 technology investment fund from the general fund of the state 35 -13- LSB 2832SV (1) 89 jm/jh 13/ 103
S.F. 619 and any other state moneys lawfully available to the authority 1 for the manufacturing 4.0 technology investment program, the 2 maximum amount of financial assistance awarded from such moneys 3 to an eligible manufacturer shall not exceed seventy-five 4 thousand dollars. 5 9. The authority shall adopt rules pursuant to chapter 17A 6 necessary to implement and administer this section. 7 DIVISION XIV 8 ENERGY INFRASTRUCTURE REVOLVING LOAN PROGRAM 9 Sec. 39. Section 476.10A, subsection 2, Code 2021, is 10 amended to read as follows: 11 2. Notwithstanding section 8.33 , any unexpended moneys 12 remitted to the treasurer of state under this section shall be 13 retained for the purposes designated. Notwithstanding section 14 12C.7, subsection 2 , interest or earnings on investments or 15 time deposits of the moneys remitted under this section shall 16 be retained and used for the purposes designated, pursuant to 17 section 476.46 . 18 Sec. 40. Section 476.46, subsection 2, paragraph e, 19 subparagraph (3), Code 2021, is amended to read as follows: 20 (3) Interest on the fund shall be deposited in the fund. 21 A portion of the interest on the fund, not to exceed fifty 22 percent of the total interest accrued, shall be used for 23 promotion and administration of the fund. 24 Sec. 41. Section 476.46, Code 2021, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3. The Iowa energy center shall not 27 initiate any new loans under this section after June 30, 2021. 28 NEW SUBSECTION . 4. Loan payments received under this 29 section on or after July 1, 2021, and any other moneys in the 30 fund on or after July 1, 2021, shall be deposited in the energy 31 infrastructure revolving loan fund created in section 476.46A. 32 Sec. 42. NEW SECTION . 476.46A Energy infrastructure 33 revolving loan program. 34 1. a. An energy infrastructure revolving loan fund is 35 -14- LSB 2832SV (1) 89 jm/jh 14/ 103
S.F. 619 created in the office of the treasurer of state and shall be 1 administered by the Iowa energy center established in section 2 15.120. 3 b. The fund may be administered as a revolving fund and may 4 consist of any moneys appropriated by the general assembly for 5 purposes of this section and any other moneys that are lawfully 6 directed to the fund. 7 c. Moneys in the fund shall be used to provide financial 8 assistance for the development and construction of energy 9 infrastructure, including projects that support electric or gas 10 generation transmission, storage, or distribution; electric 11 grid modernization; energy-sector workforce development; 12 emergency preparedness for rural and underserved areas; the 13 expansion of biomass, biogas, and renewable natural gas; 14 innovative technologies; and the development of infrastructure 15 for alternative fuel vehicles. 16 d. Notwithstanding section 8.33, moneys appropriated in this 17 section that remain unencumbered or unobligated at the close of 18 the fiscal year shall not revert but shall remain available for 19 expenditure for the purposes designated until the close of the 20 succeeding fiscal year. 21 e. Notwithstanding section 12C.7, subsection 2, interest or 22 earnings on moneys in the fund shall be credited to the fund. 23 2. a. The Iowa energy center shall establish and administer 24 an energy infrastructure revolving loan program to encourage 25 the development of energy infrastructure within the state. 26 b. An individual, business, rural electric cooperative, or 27 municipal utility located and operating in this state shall be 28 eligible for financial assistance under the program. With the 29 approval of the Iowa energy center governing board established 30 under section 15.120, subsection 2, the economic development 31 authority shall determine the amount and the terms of all 32 financial assistance awarded to an individual, business, rural 33 electric cooperative, or municipal utility under the program. 34 All agreements and administrative authority sha11 be vested in 35 -15- LSB 2832SV (1) 89 jm/jh 15/ 103
S.F. 619 the Iowa energy center governing board. 1 c. The economic development authority may use not more than 2 five percent of the moneys in the fund at the beginning of each 3 fiscal year for purposes of administrative costs, marketing, 4 technical assistance, and other program support. 5 3. For the purposes of this section: 6 a. “Energy infrastructure” means land, buildings, physical 7 plant and equipment, and services directly related to the 8 development of projects used for, or useful for, electricity or 9 gas generation, transmission, storage, or distribution. 10 b. “Financial assistance” means the same as defined in 11 section 15.102. 12 Sec. 43. ALTERNATE ENERGY REVOLVING LOAN FUND —— MONEYS 13 TRANSFERRED AND APPROPRIATED. Any unencumbered or unobligated 14 moneys remaining after June 30, 2021, in the alternate energy 15 revolving loan fund created pursuant to section 476.46, are 16 transferred and appropriated to the energy infrastructure 17 revolving loan fund created pursuant to section 476.46A, to be 18 used for purposes of the energy infrastructure revolving loan 19 program. 20 DIVISION XV 21 WORKFORCE HOUSING TAX INCENTIVES 22 Sec. 44. Section 15.119, subsection 2, paragraph g, Code 23 2021, is amended to read as follows: 24 g. (1) The workforce housing tax incentives program 25 administered pursuant to sections 15.351 through 15.356 . 26 In allocating tax credits pursuant to this subsection , the 27 authority shall not allocate more than twenty-five thirty 28 million dollars for purposes of this paragraph. Of the moneys 29 allocated under this paragraph, ten fifteen million dollars 30 shall be reserved for allocation to qualified housing projects 31 in small cities, as defined in section 15.352 , that are 32 registered on or after July 1, 2017. 33 (2) (a) Notwithstanding subparagraph (1), in allocating 34 tax credits pursuant to this subsection for the fiscal year 35 -16- LSB 2832SV (1) 89 jm/jh 16/ 103
S.F. 619 beginning July 1, 2021, and ending June 30, 2022, the authority 1 shall not allocate more than forty million dollars for the 2 purposes of this paragraph. Of the moneys allocated under 3 this paragraph for the fiscal year beginning July 1, 2021, and 4 ending June 30, 2022, twelve million dollars shall be reserved 5 for allocation to qualified housing projects in small cities, 6 as defined in section 15.352, that are registered on or after 7 July 1, 2017. 8 (b) Notwithstanding subparagraph (1), in allocating 9 tax credits pursuant to this subsection for the fiscal year 10 beginning July 1, 2022, and ending June 30, 2023, the authority 11 shall not allocate more than thirty-five million dollars for 12 the purposes of this paragraph. Of the moneys allocated under 13 this paragraph for the fiscal year beginning July 1, 2022, 14 and ending June 30, 2023, fifteen million dollars shall be 15 reserved for allocation to qualified housing projects in small 16 cities, as defined in section 15.352, that are registered on or 17 after July 1, 2017, and five million dollars shall be reserved 18 for qualified housing projects in areas of the state with 19 the largest wait list or greatest need as determined by the 20 authority. 21 (c) This subparagraph is repealed July 1, 2023. 22 Sec. 45. Section 15.354, subsection 3, paragraph d, Code 23 2021, is amended to read as follows: 24 d. Upon completion of a housing project, an a housing 25 business shall submit all of the following to the authority: 26 (1) An examination of the project in accordance with the 27 American institute of certified public accountants’ statements 28 on standards for attestation engagements, completed by a 29 certified public accountant authorized to practice in this 30 state , shall be submitted to the authority . 31 (2) A statement of the final amount of qualifying new 32 investment for the housing project. 33 (3) Any information the authority deems necessary to ensure 34 compliance with the agreement signed by the housing business 35 -17- LSB 2832SV (1) 89 jm/jh 17/ 103
S.F. 619 pursuant to paragraph “a” , the requirements of this part, 1 and rules the authority and the department of revenue adopt 2 pursuant to section 15.356. 3 Sec. 46. Section 15.354, subsection 3, paragraph e, 4 subparagraph (1), Code 2021, is amended to read as follows: 5 (1) Upon review of the examination , and verification of 6 the amount of the qualifying new investment, and review of 7 any other information submitted pursuant to paragraph “d” , 8 subparagraph (3), the authority may notify the housing business 9 of the amount that the housing business may claim as a refund 10 of the sales and use tax under section 15.355, subsection 2 , 11 and may issue a tax credit certificate to the housing business 12 stating the amount of workforce housing investment tax credits 13 under section 15.355 , subsection 3 , the eligible housing 14 business may claim. The sum of the amount that the housing 15 business may claim as a refund of the sales and use tax and 16 the amount of the tax credit certificate shall not exceed the 17 amount of the tax incentive award. 18 Sec. 47. Section 15.354, subsection 6, paragraphs b and c, 19 Code 2021, are amended to read as follows: 20 b. Notwithstanding subsection 1 , the authority may accept 21 applications for disaster recovery housing projects on a 22 continuous basis establish a disaster recovery application 23 period following the declaration of a major disaster by the 24 president of the United States for a county in Iowa . 25 c. Notwithstanding subsection 2 , paragraphs “a” , “b” , and 26 “d” , upon Upon review of a housing business’s application , 27 and scoring of all applications received during a disaster 28 recovery application period, the authority may make a tax 29 incentive award to a disaster recovery housing project. The 30 tax incentive award shall represent the maximum amount of tax 31 incentives that the disaster recovery housing project may 32 qualify for under the program. In determining a tax incentive 33 award, the authority shall not use an amount of project costs 34 that exceeds the amount included in the application of the 35 -18- LSB 2832SV (1) 89 jm/jh 18/ 103
S.F. 619 housing business. Tax incentive awards shall be approved by 1 the director of the authority. 2 Sec. 48. Section 15.355, subsection 2, Code 2021, is amended 3 to read as follows: 4 2. A housing business may claim a refund of the sales and 5 use taxes paid under chapter 423 that are directly related to 6 a housing project and specified in the agreement. The refund 7 available pursuant to this subsection shall be as provided in 8 section 15.331A , excluding subsection 2 , paragraph “c” , of 9 that section. For purposes of the program, the term “project 10 completion” , as used in section 15.331A , shall mean the date 11 on which the authority notifies the department of revenue that 12 all applicable requirements of an the agreement entered into 13 pursuant to section 15.354 , subsection 3, paragraph “a” , and 14 all applicable requirements of this part, including the rules 15 the authority and the department of revenue adopted pursuant to 16 section 15.356, are satisfied. 17 DIVISION XVI 18 BROWNFIELDS AND GRAYFIELDS 19 Sec. 49. Section 15.119, subsection 3, Code 2021, is amended 20 to read as follows: 21 3. In allocating the amount of tax credits authorized 22 pursuant to subsection 1 among the programs specified in 23 subsection 2 , the authority shall not allocate more than ten 24 fifteen million dollars for purposes of subsection 2 , paragraph 25 “f” . 26 Sec. 50. Section 15.293A, subsection 8, Code 2021, is 27 amended to read as follows: 28 8. This section is repealed on June 30, 2021 2031 . 29 Sec. 51. Section 15.293B, Code 2021, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 5A. a. Tax credits revoked under 32 subsection 3 including tax credits revoked up to five years 33 prior to the effective date of this division of this Act, and 34 tax credits not awarded under subsection 4 or 5, may be awarded 35 -19- LSB 2832SV (1) 89 jm/jh 19/ 103
S.F. 619 in the next annual application period established in subsection 1 1, paragraph “c” . 2 b. Tax credits awarded pursuant to paragraph “a” shall not 3 be counted against the limit under section 15.119, subsection 4 3. 5 Sec. 52. Section 15.293B, subsection 7, Code 2021, is 6 amended to read as follows: 7 7. This section is repealed on June 30, 2021 2031 . 8 Sec. 53. EFFECTIVE DATE. The following, being deemed of 9 immediate importance, take effect upon enactment: 10 1. The section of this division of this Act amending section 11 15.293A, subsection 8. 12 2. The section of this division of this Act amending section 13 15.293B, subsection 7. 14 DIVISION XVII 15 DOWNTOWN LOAN GUARANTEE PROGRAM 16 Sec. 54. NEW SECTION . 15.431 Downtown loan guarantee 17 program. 18 1. The economic development authority, in partnership with 19 the Iowa finance authority, shall establish and administer a 20 downtown loan guarantee program to encourage Iowa downtown 21 businesses and banks to reinvest and reopen following the 22 COVID-19 pandemic. 23 2. In order for a loan to be guaranteed, all of the 24 following conditions must be true: 25 a. The loan finances an eligible downtown resource center 26 community catalyst building remediation grant project or main 27 street Iowa challenge grant within a designated district. 28 b. The loan finances a rehabilitation project, or finances 29 acquisition or refinancing costs associated with the project. 30 c. At least twenty-five percent of the project costs are 31 used for construction on the project or renovation. 32 d. The project includes a housing component. 33 e. The loan is used for construction of the project, 34 permanent financing of the project, or both. 35 -20- LSB 2832SV (1) 89 jm/jh 20/ 103
S.F. 619 f. A federally insured financial lending institution issued 1 the loan. 2 g. The loan does not reimburse the borrower for working 3 capital, operations, or similar expenses. 4 h. The project meets downtown resource center and main 5 street Iowa design review. 6 3. a. For a loan amount less than or equal to five hundred 7 thousand dollars, the economic development authority may 8 guarantee up to fifty percent of the loan amount. 9 b. For a loan amount greater than five hundred thousand 10 dollars, the economic development authority may provide a 11 maximum loan guarantee of up to two hundred fifty thousand 12 dollars. 13 4. A project loan must be secured by a mortgage against the 14 project property. 15 5. The economic development authority may guarantee loans 16 for up to five years. The economic development authority 17 may extend the loan guarantee for an additional five years 18 if an underwriting review finds that an extension would be 19 beneficial. 20 6. The lender shall pay an annual loan guarantee fee as set 21 forth by rule. 22 7. The economic development authority reserves the right 23 to deny a loan guarantee for unreasonable bank loan fees or 24 interest rate. 25 8. The loan must not be insured or guaranteed by another 26 local, state, or federal guarantee program. 27 9. The loan guarantee is not transferable if the loan or the 28 project is sold or transferred. 29 10. In the event of a loss due to default, the loan 30 guarantee proportionally pays the guarantee percentage of the 31 loss to the lender. 32 11. Moneys for the program may consist of any moneys 33 appropriated by the general assembly for purposes of this 34 section, and any other moneys that are lawfully available 35 -21- LSB 2832SV (1) 89 jm/jh 21/ 103
S.F. 619 to the economic development authority, including moneys 1 transferred or deposited from other funds created pursuant to 2 section 15.106A, subsection 1, paragraph “o” . 3 DIVISION XVIII 4 DISASTER RECOVERY HOUSING ASSISTANCE 5 Sec. 55. NEW SECTION . 16.57A Transfer of unobligated or 6 unencumbered funds —— report. 7 1. Notwithstanding any other provision of law to the 8 contrary, the authority may transfer any unobligated and 9 unencumbered moneys in any revolving loan program fund created 10 pursuant to section 16.46, 16.47, 16.48, or 16.49, for deposit 11 in the disaster recovery housing assistance fund created in 12 section 16.57B. 13 2. Notwithstanding section 8.39, and any other law to 14 the contrary, with the prior written consent and approval of 15 the governor, the executive director of the authority may 16 transfer any unobligated and unencumbered moneys in any fund 17 created pursuant to section 16.5, subsection 1, paragraph 18 “s” , for deposit in the disaster recovery housing assistance 19 fund created in section 16.57B. The prior written consent and 20 approval of the director of the department of management shall 21 not be required to transfer the unobligated and unencumbered 22 moneys. 23 3. Notwithstanding section 8.39, and any other law to the 24 contrary, with the prior written approval of the governor, the 25 director of the economic development authority may transfer 26 any unobligated and unencumbered moneys in any fund created 27 pursuant to section 15.106A, subsection 1, paragraph “o” , 28 for deposit in the disaster recovery housing assistance fund 29 created in section 16.57B. 30 4. Any transfer made under this section shall be reported in 31 the same manner as provided in section 8.39, subsection 5. 32 Sec. 56. NEW SECTION . 16.57B Disaster recovery housing 33 assistance program —— fund. 34 1. Definitions. As used in this section, unless the context 35 -22- LSB 2832SV (1) 89 jm/jh 22/ 103
S.F. 619 otherwise requires: 1 a. Disaster-affected home” means a primary residence that 2 is destroyed or damaged due to a natural disaster that occurs 3 on or after the effective date of this division of this Act, 4 and the primary residence is located in a county that is the 5 subject of a state of disaster emergency proclamation by the 6 governor that authorizes disaster recovery housing assistance. 7 b. “Fund” means the disaster recovery housing assistance 8 fund. 9 c. “Local program administrator” means any of the following: 10 (1) The cities of Ames, Cedar Falls, Cedar Rapids, Council 11 Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo, 12 and West Des Moines. 13 (2) A council of governments whose territory includes at 14 least one county that is the subject of a state of disaster 15 emergency proclamation by the governor that authorizes disaster 16 recovery housing assistance or the eviction prevention program 17 under section 16.57C on or after the effective date of this 18 division of this Act. 19 (3) A community action agency as defined in section 216A.91 20 and whose territory includes at least one county that is the 21 subject of a state of disaster emergency proclamation by the 22 governor that authorizes disaster recovery housing assistance 23 or the eviction prevention program under section 16.57C on or 24 after the effective date of this division of this Act. 25 (4) A qualified local organization or governmental entity 26 as determined by rules adopted by the authority. 27 d. “Program” means the disaster recovery housing assistance 28 program. 29 e. “Replacement housing” means housing purchased 30 by a homeowner or leased by a renter needed to replace 31 a disaster-affected home that is destroyed or damaged 32 beyond reasonable repair as determined by a local program 33 administrator. 34 f. “State of disaster emergency” means the same as described 35 -23- LSB 2832SV (1) 89 jm/jh 23/ 103
S.F. 619 in section 29C.6, subsection 1. 1 2. Fund. 2 a. (1) A disaster recovery housing assistance fund is 3 created within the authority. The moneys in the fund shall be 4 used by the authority for the development and operation of a 5 forgivable loan and grant program for homeowners and renters 6 with disaster-affected homes, and for the eviction prevention 7 program pursuant to section 16.57C. 8 (2) Notwithstanding section 12C.7, subsection 2, interest 9 or earnings on moneys deposited in the fund shall be credited 10 to the fund. Notwithstanding section 8.33, moneys credited to 11 the fund shall not revert at the close of a fiscal year. 12 b. Moneys transferred by the authority for deposit in the 13 fund, moneys appropriated to the fund, and any other moneys 14 available to and obtained or accepted by the authority for 15 placement in the fund shall be deposited in the fund. 16 c. The authority shall not use more than five percent of 17 the moneys in the fund on July 1 of a fiscal year for purposes 18 of administrative costs and other program support during the 19 fiscal year. 20 3. Program. 21 a. The authority shall establish and administer a disaster 22 recovery housing assistance program and shall use moneys in 23 the fund to award forgivable loans to eligible homeowners and 24 grants to eligible renters of disaster-affected homes. Moneys 25 in the fund may be expended following a state of disaster 26 emergency proclamation by the governor pursuant to section 27 29C.6 that authorizes disaster recovery housing assistance. 28 b. The authority may enter into an agreement with one or 29 more local program administrators to administer the program. 30 4. Registration required. To be considered for a forgivable 31 loan or grant under the program, a homeowner or renter must 32 register for the disaster case management program established 33 pursuant to section 29C.20B. The disaster case manager may 34 refer the homeowner or renter to the appropriate local program 35 -24- LSB 2832SV (1) 89 jm/jh 24/ 103
S.F. 619 administrator. 1 5. Homeowners. 2 a. To be eligible for a forgivable loan under the program, 3 all of the following requirements shall apply: 4 (1) The homeowner’s disaster-affected home must have 5 sustained damage greater than the damage that is covered by the 6 homeowner’s property and casualty insurance policy insuring the 7 home plus any other state or federal disaster-related financial 8 assistance that the homeowner is eligible to receive. 9 (2) A local official must either deem the disaster-affected 10 home suitable for rehabilitation or damaged beyond reasonable 11 repair. 12 (3) The disaster-affected home is not eligible for buyout by 13 the county or city where the disaster-affected home is located, 14 or the disaster-affected home is eligible for a buyout by the 15 county or city where the disaster-affected home is located, but 16 the homeowner is requesting a forgivable loan for the repair 17 or rehabilitation of the homeowner’s disaster-affected home in 18 lieu of a buyout. 19 (4) Assistance under the program must not duplicate 20 benefits provided by any local, state, or federal disaster 21 recovery assistance program. 22 b. If a homeowner is referred to the authority or to a 23 local program administrator by the disaster case manager of the 24 homeowner, the authority may award a forgivable loan to the 25 eligible homeowner for any of the following purposes: 26 (1) Repair or rehabilitation of the disaster-affected home. 27 (2) (a) Down payment assistance on the purchase of 28 replacement housing, and the cost of reasonable repairs to be 29 performed on the replacement housing to render the replacement 30 housing decent, safe, sanitary, and in good repair. 31 (b) Replacement housing shall not be located in a 32 one-hundred-year floodplain. 33 (c) For purposes of this subparagraph, “decent, safe, 34 sanitary, and in good repair” means the same as described in 24 35 -25- LSB 2832SV (1) 89 jm/jh 25/ 103
S.F. 619 C.F.R. §5.703. 1 c. The authority shall determine the interest rate for the 2 forgivable loan. 3 d. If a homeowner who has been awarded a forgivable loan 4 sells a disaster-affected home or replacement housing for which 5 the homeowner received the forgivable loan prior to the end 6 of the loan term, the remaining principal on the forgivable 7 loan shall be due and payable pursuant to rules adopted by the 8 authority. 9 6. Renters. 10 a. To be eligible for a grant under the program, all of the 11 following requirements shall apply: 12 (1) A local program administrator either deems 13 the disaster-affected home of the renter suitable for 14 rehabilitation but unsuitable for current short-term 15 habitation, or the disaster-affected home is damaged beyond 16 reasonable repair. 17 (2) Assistance under the program must not duplicate 18 benefits provided by any local, state, or federal disaster 19 recovery assistance program. 20 b. If a renter is referred to the authority or to a local 21 program administrator by the disaster case manager of the 22 renter, the authority may award a grant to the eligible renter 23 to provide short-term financial assistance for the payment of 24 rent for replacement housing. 25 7. Report. On or before January 31 of each year, the 26 authority shall submit a report to the general assembly 27 that identifies all of the following for the calendar year 28 immediately preceding the year of the report: 29 a. The date of each state of disaster emergency proclamation 30 by the governor that authorized disaster recovery housing 31 assistance under this section. 32 b. The total number of forgivable loans and grants awarded. 33 c. The total number of forgivable loans, and the amount of 34 each loan awarded for repair or rehabilitation. 35 -26- LSB 2832SV (1) 89 jm/jh 26/ 103
S.F. 619 d. The total number of forgivable loans, and the amount of 1 each loan, awarded for down payment assistance on the purchase 2 of replacement housing and the cost of reasonable repairs to be 3 performed on the replacement housing to render the replacement 4 housing decent, safe, sanitary, and in good repair. 5 e. The total number of grants, and the amount of each grant, 6 awarded for rental assistance. 7 f. The total number of forgivable loans and grants awarded 8 in each county in which at least one homeowner or renter has 9 been awarded a forgivable loan or grant. 10 g. Each local program administrator involved in the 11 administration of the program. 12 h. The total amount of forgivable loan principal repaid. 13 Sec. 57. NEW SECTION . 16.57C Eviction prevention program. 14 1. a. “Eligible renter” means a renter whose income meets 15 the qualifications of the program, who is at risk of eviction, 16 and who resides in a county that is the subject of a state of 17 disaster emergency proclamation by the governor that authorizes 18 the eviction prevention program. 19 b. “Eviction prevention partner” means a qualified local 20 organization or governmental entity as determined by rule by 21 the authority. 22 2. The authority shall establish and administer an eviction 23 prevention program. Under the eviction prevention program, 24 the authority shall award grants to eligible renters and to 25 eviction prevention partners for purposes of this section. 26 Grants may be awarded upon a state of disaster emergency 27 proclamation by the governor that authorizes the eviction 28 prevention program. Eviction prevention assistance shall be 29 paid out of the fund established in section 16.57B. 30 3. a. Grants awarded to eligible renters pursuant to this 31 section shall be used for short-term financial rent assistance 32 to keep eligible renters in the current residences of such 33 renters. 34 b. Grants awarded to eviction prevention partners pursuant 35 -27- LSB 2832SV (1) 89 jm/jh 27/ 103
S.F. 619 to this section shall be used to pay for rent or services 1 provided to eligible renters for the purpose of preventing the 2 eviction of eligible renters. 3 4. The authority may enter into an agreement with one or 4 more local program administrators to administer the program. 5 Sec. 58. NEW SECTION . 16.57D Rules. 6 The authority shall adopt rules pursuant to chapter 17A to 7 implement and administer this part, including rules to do all 8 of the following: 9 1. Establish the maximum forgivable loan and grant amounts 10 awarded under the program. 11 2. Establish the terms of any forgivable loan provided under 12 the program. 13 3. Income qualifications of eligible renters in the 14 eviction prevention program. 15 Sec. 59. CODE EDITOR DIRECTIVE. The Code editor shall 16 designate sections 16.57A through 16.57D, as enacted by 17 this division of this Act, as a new part within chapter 16, 18 subchapter VIII, and may redesignate the new and preexisting 19 parts, replace references to sections 16.57A through 16.57D 20 with references to the new part, and correct internal 21 references as necessary, including references in subchapter or 22 part headnotes. 23 Sec. 60. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 DIVISION XIX 26 BONUS DEPRECIATION 27 Sec. 61. Section 422.7, subsection 39A, Code 2021, is 28 amended by striking the subsection. 29 Sec. 62. Section 422.35, subsection 19A, Code 2021, is 30 amended by striking the subsection. 31 Sec. 63. RETROACTIVE APPLICABILITY. This division of this 32 Act applies retroactively to January 1, 2021, for tax years 33 beginning on or after that date, and for qualified property 34 placed in service on or after that date. 35 -28- LSB 2832SV (1) 89 jm/jh 28/ 103
S.F. 619 DIVISION XX 1 BEGINNING FARMER TAX CREDIT 2 Sec. 64. Section 16.58, subsections 1, 2, and 3, Code 2021, 3 are amended to read as follows: 4 1. “Agricultural assets” means agricultural land, 5 agricultural improvements, depreciable agricultural property, 6 crops, or livestock. 7 2. “Agricultural improvements” improvement” means any 8 improvements, including buildings, structures, or fixtures 9 suitable for use in farming which are , if located on any size 10 parcel of agricultural land. 11 3. “Agricultural land” means land suitable for use in 12 farming , any portion of which may include an agricultural 13 improvement . 14 Sec. 65. Section 16.77, subsection 2, Code 2021, is amended 15 to read as follows: 16 2. “Agricultural lease agreement” or “agreement” means an 17 agreement for the transfer of agricultural assets , that must at 18 least include a lease of agricultural land, from an eligible 19 taxpayer to a qualified beginning farmer as provided in section 20 16.79A . 21 Sec. 66. Section 16.79A, subsection 1, Code 2021, is amended 22 to read as follows: 23 1. a. A beginning farmer tax credit is allowed only for 24 agricultural assets that are subject to an agricultural lease 25 agreement entered into by an eligible taxpayer and a qualifying 26 beginning farmer participating in the beginning farmer tax 27 credit program established pursuant to section 16.78 . 28 b. The tax credit is allowed regardless of whether the 29 principle agricultural asset is soil, pasture, or a building or 30 other structure used in farming. 31 Sec. 67. Section 16.79A, subsection 2, Code 2021, is amended 32 to read as follows: 33 2. The agreement must include the lease of agricultural 34 land located in this state , including any or agricultural 35 -29- LSB 2832SV (1) 89 jm/jh 29/ 103
S.F. 619 improvements located in this state , and may provide for the 1 rental of agricultural equipment as defined in section 322F.1 . 2 Sec. 68. Section 16.79A, subsection 3, paragraph c, Code 3 2021, is amended to read as follows: 4 c. The agreement must be for at least two years, but not 5 more than five years. The agreement may be renewed any number 6 of times by the eligible taxpayer and qualified beginning 7 farmer for a term of at least two years, but not more than five 8 years. However, an eligible taxpayer shall not participate in 9 the program for more than fifteen years. 10 Sec. 69. Section 16.81, subsection 4, Code 2021, is amended 11 by striking the subsection. 12 Sec. 70. Section 16.81, subsection 6, Code 2021, is amended 13 to read as follows: 14 6. The authority shall approve all beginning farmer tax 15 credit applications that meet the requirements of this subpart 16 and make tax credit awards on a first-come, first-served basis, 17 subject to the limitations in section 16.82A . An eligible 18 taxpayer may apply and be approved to enter into agreements 19 with different qualified beginning farmers. 20 Sec. 71. Section 16.82, subsection 5, Code 2021, is amended 21 to read as follows: 22 5. The amount of tax credits that may be awarded to an 23 eligible taxpayer for any one year under all agreements an 24 agreement shall not exceed fifty thousand dollars. 25 Sec. 72. BEGINNING FARMER TAX CREDIT PROGRAM —— FORMER 26 PERIOD OF PARTICIPATION EXTENDED. An eligible taxpayer first 27 participating in the beginning farmer tax credit program on or 28 after January 1, 2019, as provided in 2019 Iowa Acts, chapter 29 161, for a tax year beginning on or after that date, may 30 participate in the program for not more than fifteen years in 31 the same manner as provided in section 16.79A, as amended by 32 this division of this Act. 33 Sec. 73. EFFECTIVE DATE. This division of this Act takes 34 effect January 1, 2022. 35 -30- LSB 2832SV (1) 89 jm/jh 30/ 103
S.F. 619 DIVISION XXI 1 MENTAL HEALTH FUNDING 2 Sec. 74. Section 123.38, subsection 2, paragraph b, Code 3 2021, is amended to read as follows: 4 b. For purposes of this subsection , any portion of license 5 or permit fees used for the purposes authorized in section 6 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 7 (2), and in section 331.424A , shall not be deemed received 8 either by the division or by a local authority. 9 Sec. 75. Section 218.99, Code 2021, is amended to read as 10 follows: 11 218.99 Counties to be notified of patients’ personal 12 accounts. 13 The administrator in control of a state institution shall 14 direct the business manager of each institution under the 15 administrator’s jurisdiction which is mentioned in section 16 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 17 (2), and for which services are paid under section 331.424A 18 by the county of residence or a mental health and disability 19 services region , to quarterly inform the county of residence 20 of any patient or resident who has an amount in excess of two 21 hundred dollars on account in the patients’ personal deposit 22 fund and the amount on deposit. The administrators shall 23 direct the business manager to further notify the county of 24 residence at least fifteen days before the release of funds in 25 excess of two hundred dollars or upon the death of the patient 26 or resident. If the patient or resident has no residency in 27 this state or the person’s residency is unknown, notice shall 28 be made to the director of human services and the administrator 29 in control of the institution involved. 30 Sec. 76. Section 225.24, Code 2021, is amended to read as 31 follows: 32 225.24 Collection of preliminary expense. 33 Unless a committed private patient or those legally 34 responsible for the patient’s support offer to settle the 35 -31- LSB 2832SV (1) 89 jm/jh 31/ 103
S.F. 619 amount of the claims, the regional administrator for the 1 person’s county of residence shall collect, by action if 2 necessary, the amount of all claims for per diem and expenses 3 that have been approved by the regional administrator for the 4 county and paid by the regional administrator as provided under 5 section 225.21 . Any amount collected shall be credited to the 6 county mental health and disabilities disability services fund 7 region combined account created in accordance with section 8 331.424A 331.391 . 9 Sec. 77. Section 225C.4, subsection 1, paragraph i, Code 10 2021, is amended to read as follows: 11 i. Administer and distribute state appropriations in 12 connection with the mental health and disability services 13 regional services service fund established by section 225C.7A . 14 Sec. 78. Section 225C.7A, Code 2021, is amended by striking 15 the section and inserting in lieu thereof the following: 16 225C.7A Mental health and disability services regional 17 service fund —— region incentive fund. 18 1. A mental health and disability services regional service 19 fund is created in the office of the treasurer of state under 20 the authority of the department. The fund shall be separate 21 from the general fund of the state and the balance in the fund 22 shall not be considered part of the balance of the general 23 fund of the state. Moneys in the fund include appropriations 24 made to the fund and other moneys deposited into the fund. 25 Moneys in the fund shall be used solely for purposes of making 26 regional service payments and incentive payments under this 27 section. 28 2. a. For each fiscal year beginning on or after July 1, 29 2021, there is appropriated from the general fund of the state 30 to the mental health and disability services regional service 31 fund an amount necessary to make all regional service payments 32 under this section for that fiscal year. 33 b. The department shall distribute the moneys appropriated 34 from the mental health and disability services regional 35 -32- LSB 2832SV (1) 89 jm/jh 32/ 103
S.F. 619 service fund to mental health and disability services regions 1 for funding of services in accordance with performance-based 2 contracts with the regions and in the manner provided in this 3 section. If the allocation methodology includes a population 4 factor, the definition of “population” in section 331.388 shall 5 be applied. 6 3. For each fiscal year beginning on or after July 1, 2021, 7 the moneys available in a fiscal year in the mental health and 8 disability services regional service fund, except for moneys in 9 the region incentive fund under subsection 8, are appropriated 10 to the department and shall be distributed to each region on 11 a per capita basis calculated under subsection 4 using each 12 region’s population, as defined in section 331.388, for that 13 fiscal year. 14 4. The amount of each region’s regional service payment 15 shall be determined as follows: 16 a. For the fiscal year beginning July 1, 2021, an amount 17 equal to the product of fifteen dollars and eighty-six cents 18 multiplied by the sum of the region’s population for the fiscal 19 year. 20 b. For the fiscal year beginning July 1, 2022, an amount 21 equal to the product of thirty-eight dollars multiplied by the 22 sum of the region’s population for the fiscal year. 23 c. For the fiscal year beginning July 1, 2023, an amount 24 equal to the product of forty dollars multiplied by the sum of 25 the region’s population for the fiscal year. 26 d. For the fiscal year beginning July 1, 2024, an amount 27 equal to the product of forty-two dollars multiplied by the sum 28 of the region’s population for the fiscal year. 29 e. (1) For the fiscal year beginning July 1, 2025, and each 30 succeeding fiscal year, an amount equal to the product of the 31 sum of the region’s population for the fiscal year multiplied 32 by the sum of the dollar amount used to calculate the regional 33 service payments under this subsection for the immediately 34 preceding fiscal year plus the regional service growth factor 35 -33- LSB 2832SV (1) 89 jm/jh 33/ 103
S.F. 619 for the fiscal year. 1 (2) For purposes of this paragraph, “regional service growth 2 factor” for a fiscal year is an amount equal to the product 3 of the dollar amount used to calculate the regional service 4 payments under this subsection for the immediately preceding 5 fiscal year multiplied by the percent increase, if any, in the 6 amount of sales tax revenue deposited into the general fund of 7 the state under section 423.2A, subsection 1, paragraph “a” , 8 less the transfers required under section 423.2A, subsection 9 2, between the fiscal year beginning three years prior to 10 the applicable fiscal year and the fiscal year beginning two 11 years prior to the applicable year, but not to exceed one and 12 one-half percent. 13 5. Regional service payments received by a region 14 shall be deposited in the region’s combined account under 15 section 331.391 and used solely for providing mental health 16 and disability services under the regional service system 17 management plan. 18 6. Regional service payments from the mental health 19 and disability services regional service fund shall be 20 paid in quarterly installments to the appropriate regional 21 administrator in July, October, January, and April of each 22 fiscal year. 23 7. a. For the fiscal year beginning July 1, 2021, each 24 mental health and disability services region for which the 25 amount certified during the fiscal year under section 331.391, 26 subsection 4, paragraph “b” , exceeds forty percent of the actual 27 expenditures of the region for the fiscal year preceding the 28 fiscal year in progress, the remaining quarterly payments of 29 the region’s regional service payment shall be reduced by 30 an amount equal to the amount by which the region’s amount 31 certified under section 331.391, subsection 4, paragraph “b” , 32 exceeds forty percent of the actual expenditures of the region 33 for the fiscal year preceding the fiscal year in progress, but 34 the amount of the reduction shall not exceed the total amount 35 -34- LSB 2832SV (1) 89 jm/jh 34/ 103
S.F. 619 of the region’s regional service payment for the fiscal year. 1 If the region’s remaining quarterly payments are insufficient 2 to effectuate the required reductions under this paragraph, the 3 region is required to pay to the department of human services 4 any amount for which the reduction in quarterly payments could 5 not be made. The amount of reductions to quarterly payments 6 and amounts paid to the department under this paragraph shall 7 be transferred and credited to the region incentive fund under 8 subsection 8. 9 b. For the fiscal year beginning July 1, 2022, each mental 10 health and disability services region for which the amount 11 certified during the fiscal year under section 331.391, 12 subsection 4, paragraph “b” , exceeds twenty percent of the 13 actual expenditures of the region for the fiscal year preceding 14 the fiscal year in progress, the remaining quarterly payments 15 of the region’s regional service payment shall be reduced by 16 an amount equal to the amount by which the region’s amount 17 certified under section 331.391, subsection 4, paragraph “b” , 18 exceeds twenty percent of the actual expenditures of the region 19 for the fiscal year preceding the fiscal year in progress, but 20 the amount of the reduction shall not exceed the total amount 21 of the region’s regional service payment for the fiscal year. 22 If the region’s remaining quarterly payments are insufficient 23 to effectuate the required reductions under this paragraph, the 24 region is required to pay to the department of human services 25 any amount for which the reduction in quarterly payments could 26 not be made. The amount of reductions to quarterly payments 27 and amounts paid to the department under this paragraph shall 28 be transferred and credited to the region incentive fund under 29 subsection 8. 30 c. For the fiscal year beginning July 1, 2023, and each 31 succeeding fiscal year, each mental health and disability 32 services region for which the amount certified during the 33 fiscal year under section 331.391, subsection 4, paragraph “b” , 34 exceeds five percent of the actual expenditures of the region 35 -35- LSB 2832SV (1) 89 jm/jh 35/ 103
S.F. 619 for the fiscal year preceding the fiscal year in progress, the 1 remaining quarterly payments of the region’s regional service 2 payment shall be reduced by an amount equal to the amount by 3 which the region’s amount certified under section 331.391, 4 subsection 4, paragraph “b” , exceeds five percent of the actual 5 expenditures of the region for the fiscal year preceding the 6 fiscal year in progress, but the amount of the reduction 7 shall not exceed the total amount of the region’s regional 8 service payment for the fiscal year. If the region’s remaining 9 quarterly payments are insufficient to effectuate the required 10 reductions under this paragraph, the region is required to 11 pay to the department of human services any amount for which 12 the reduction in quarterly payments could not be made. The 13 amount of reductions to quarterly payments and amounts paid to 14 the department under this paragraph shall be transferred and 15 credited to the region incentive fund under subsection 8. 16 8. a. A region incentive fund is created in the mental 17 health and disability services regional service fund under 18 subsection 1. The incentive fund shall consist of the 19 moneys appropriated or credited to the incentive fund by 20 law, including amounts credited to the incentive fund under 21 subsection 7. For fiscal years beginning on or after July 1, 22 2021, there is appropriated from the general fund of the state 23 to the incentive fund the following amounts to be used for the 24 purposes of this subsection: 25 (1) For the fiscal year beginning July 1, 2021, nine million 26 nine hundred sixty thousand five hundred ninety dollars. 27 (2) For the fiscal year beginning July 1, 2022, five million 28 one hundred seven thousand three hundred forty dollars. 29 (3) (a) For each fiscal year beginning on or after July 30 1, 2025, an amount equal to the incentive fund growth factor 31 multiplied by the ending balance of the incentive fund at 32 the conclusion of the fiscal year ending June 30 immediately 33 preceding the application deadline under paragraph “b” for the 34 fiscal year for which the appropriation is made. 35 -36- LSB 2832SV (1) 89 jm/jh 36/ 103
S.F. 619 (b) For purposes of this subparagraph, the “incentive fund 1 growth factor” for each fiscal year is the percent increase, 2 if any, in the amount of sales tax revenue deposited into the 3 general fund of the state under section 423.2A, subsection 4 1, paragraph “a” , less the transfers required under section 5 423.2A, subsection 2, between the fiscal year beginning three 6 years prior to the applicable fiscal year and the fiscal year 7 beginning two years prior to the applicable year, minus one and 8 one-half percent, and the incentive fund growth factor for any 9 fiscal year shall not exceed three and one-half percent. 10 b. To receive funding from the incentive fund, a regional 11 administrator must submit to the department sufficient data 12 to demonstrate that the region has met the standards outlined 13 in the region’s performance-based contract. The purpose of 14 the incentive fund shall be to provide appropriate financial 15 incentives for outcomes met from services provided by the 16 regional administrator’s mental health and disability services 17 region. The department shall make its final decisions on or 18 before December 15 regarding acceptance or rejection of the 19 submissions for incentive funds applications for assistance and 20 the total amount accepted shall be considered obligated. 21 c. In addition to incentive submission requirements under 22 paragraphs “d” , “f” , and “g” , basic eligibility for incentive 23 funds requires that a mental health and disability services 24 region meet all of the following conditions: 25 (1) The mental health and disability services region is in 26 compliance with the regional service system management plan 27 requirements of section 331.393. 28 (2) (a) In the fiscal year that commenced two years prior 29 to the fiscal year of application for incentive funds, the 30 ending balance, under generally accepted accounting principles, 31 of the mental health and disability services region’s combined 32 services funds was equal to or less than the ending balance 33 threshold under subparagraph division (b) for the fiscal year 34 for which assistance is requested. 35 -37- LSB 2832SV (1) 89 jm/jh 37/ 103
S.F. 619 (b) For purposes of this subparagraph (2), “ending balance 1 threshold” means the following: 2 (i) For applications for the fiscal year beginning July 1, 3 2021, forty percent of the actual expenditures of the mental 4 health and disability services region for the fiscal year that 5 commenced two years prior to the fiscal year of application for 6 assistance. 7 (ii) For applications for the fiscal year beginning July 1, 8 2022, twenty percent of the actual expenditures of the mental 9 health and disability services region for the fiscal year that 10 commenced two years prior to the fiscal year of application for 11 assistance. 12 (iii) For applications for fiscal years beginning on or 13 after July 1, 2023, five percent of the actual expenditures 14 of the mental health and disability services region for the 15 fiscal year that commenced two years prior to the fiscal year 16 of application for assistance. 17 d. The department shall review the fiscal year-end financial 18 records for all mental health and disability services regions 19 that are granted incentive funds. If the department determines 20 a mental health and disability services region’s actual need 21 for incentive funds was less than the amount of incentive funds 22 granted to the mental health and disability services region, 23 the mental health and disability services region shall refund 24 the difference between the amount of assistance granted and 25 the actual need. The mental health and disability services 26 region shall submit the refund within thirty days of receiving 27 notice from the department. Refunds shall be credited to the 28 incentive fund. 29 e. The department shall determine application requirements 30 to ensure prudent use of the incentive fund. The department 31 may accept or reject an application for incentive funds in 32 whole or in part. The decision of the department is final. 33 f. The total amount of incentive funds approved shall be 34 limited to the amount available in the incentive fund for a 35 -38- LSB 2832SV (1) 89 jm/jh 38/ 103
S.F. 619 fiscal year. Any unobligated balance in the incentive fund at 1 the close of a fiscal year shall remain in the incentive fund 2 for distribution in the succeeding fiscal year. 3 g. Incentive funds shall only be made available to address 4 one or more of the following circumstances: 5 (1) To reimburse regions for reductions in available 6 funding for core services as the result of the reduction and 7 elimination of the levy under section 331.424A, Code 2021, if 8 the region has an operating deficit. The department shall 9 prioritize approval of incentive funds for the circumstances 10 specified in this subparagraph. 11 (2) To incentivize quality core services that meet or exceed 12 the defined outcomes in the performance-based contract. 13 (3) To support regional efforts to fund non-core services 14 that support the defined outcomes of core services in the 15 performance-based contract. 16 (4) To support non-core services to maintain an individual 17 in a community setting or that would create a risk that the 18 individuals needing services and supports would be placed in 19 more restrictive, higher-cost settings. 20 h. Subject to the amount available and obligated from 21 the incentive fund for a fiscal year, the department shall 22 annually calculate the amount of moneys due to eligible mental 23 health and disability services regions in accordance with the 24 department’s decisions and that amount is appropriated from the 25 incentive fund to the department for payment of the moneys due. 26 The department shall distribute incentive funds payable to the 27 mental health and disability services regions for the amounts 28 due on or before January 1. 29 i. On or before March 1 and September 1 of each fiscal 30 year, the department shall provide the governor’s office and 31 the general assembly with a report of the financial condition 32 of the incentive fund. The report shall include but is not 33 limited to an itemization of the funding source’s balances, 34 types and amount of revenues credited, and payees and payment 35 -39- LSB 2832SV (1) 89 jm/jh 39/ 103
S.F. 619 amounts for the expenditures made from the funding source 1 during the reporting period. 2 j. If the department has made its decisions but has 3 determined that there are otherwise qualifying requests for 4 incentive funds that are beyond the amount available in the 5 incentive fund for a fiscal year, the department shall compile 6 a list of such requests and the supporting information for 7 the requests. The list and information shall be submitted to 8 the commission, the children’s behavioral health system state 9 board, and the general assembly. 10 9. The commission shall consult with regional 11 administrators and the director in prescribing forms and 12 adopting rules to administer this section. 13 Sec. 79. Section 249N.8, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. Biennially, a report of the results of a review, by 16 county and region, of mental health services previously funded 17 through taxes levied by counties pursuant to section 331.424A , 18 Code 2021, or funds administered by a mental health and 19 disability services region that are funded during the reporting 20 period under the Iowa health and wellness plan. 21 Sec. 80. Section 331.389, subsection 1, paragraph b, Code 22 2021, is amended to read as follows: 23 b. If a county has been exempted prior to July 1, 2014, from 24 the requirement to enter into a regional service system, the 25 county and the county’s board of supervisors shall fulfill all 26 requirements and be eligible as a region under this chapter and 27 chapter chapters 222, 225, 225C , 226, 227, 229, and 230 for a 28 regional service system, regional service system management 29 plan, regional governing board, and regional administrator, 30 and any other provisions applicable to a region of counties 31 providing local mental health and disability services. 32 Additionally, a county exempted under this subsection shall be 33 considered a region for purposes of chapter 426B. 34 Sec. 81. Section 331.389, subsection 5, paragraph a, 35 -40- LSB 2832SV (1) 89 jm/jh 40/ 103
S.F. 619 subparagraph (2), Code 2021, is amended to read as follows: 1 (2) Reduce the amount of the annual state funding provided 2 for the regional service system or exempted county, including 3 amounts received under section 225C.7A , not to exceed fifteen 4 percent of the amount. 5 Sec. 82. Section 331.391, subsections 1 and 3, Code 2021, 6 are amended to read as follows: 7 1. The funding under the control of the governing board 8 shall be maintained in a combined account , in separate county 9 accounts that are under the control of the governing board, or 10 pursuant to other arrangements authorized by law that limit the 11 administrative burden of such control while facilitating public 12 scrutiny of financial processes . A county exempted under 13 section 331.389, subsection 1, shall maintain a county mental 14 health and disability services fund for the deposit of funding 15 received under section 225C.7A and appropriations specifically 16 authorized to be made from the county mental health and 17 disability services fund shall not be made from any other fund 18 of the county. A county mental health and disability services 19 fund established by an exempt county, to the extent feasible, 20 shall be considered to be the same as a region combined account 21 and shall be subject to the same requirements as a region’s 22 combined account. 23 3. The funding provided pursuant to appropriations from the 24 mental health and disability services regional services service 25 fund created in section 225C.7A and from performance-based 26 contracts with the department shall be credited to the account 27 or accounts under the control of the governing board. 28 Sec. 83. Section 331.391, subsection 4, paragraphs a, b, and 29 c, Code 2021, are amended to read as follows: 30 a. If a region is meeting the financial obligations for 31 implementation of its regional service system management plan 32 for a fiscal year and residual funding is anticipated, the 33 regional administrator shall may reserve an adequate amount of 34 unobligated and unencumbered funds for cash flow of expenditure 35 -41- LSB 2832SV (1) 89 jm/jh 41/ 103
S.F. 619 obligations in the next fiscal year. 1 b. Each region shall certify to the department of management 2 human services on or before December 1, 2022 2021 , and each 3 December 1 thereafter, the amount of the region’s cash flow 4 amount in the combined account that is attributable to each 5 county within the region based upon each county’s proportionate 6 amount of funding and contributions to the region or other 7 methodology specified in the regional governance agreement 8 or certify the cash flow amount for each separate county 9 account that is under the control of the governing board at the 10 conclusion of the most recently completed fiscal year. 11 c. For fiscal years beginning on or after July 1, 2023, 12 the region’s cash flow amount , either reserved in the region’s 13 combined account or reserved among all separate county accounts 14 under the control of the governing board, shall not exceed 15 forty five percent of the gross actual expenditures from the 16 combined account or from all separate county accounts under 17 control of the governing board for the fiscal year preceding 18 the fiscal year in progress. 19 Sec. 84. Section 331.392, subsection 4, paragraph a, Code 20 2021, is amended to read as follows: 21 a. Methods for pooling, management, and expenditure of the 22 funding under the control of the regional administrator. If 23 the agreement does not provide for pooling of the participating 24 county moneys in a single fund, the agreement shall specify how 25 the participating county moneys will be subject to the control 26 of the regional administrator. 27 Sec. 85. Section 331.393, subsection 10, Code 2021, is 28 amended to read as follows: 29 10. The director’s approval of a regional plan shall not be 30 construed to constitute certification of the respective county 31 budgets or of the region’s budget. 32 Sec. 86. Section 331.394, subsection 4, Code 2021, is 33 amended to read as follows: 34 4. If a county of residence is part of a mental health and 35 -42- LSB 2832SV (1) 89 jm/jh 42/ 103
S.F. 619 disability services region that has agreed to pool funding and 1 liability for services, the The responsibilities of the county 2 under law regarding such mental health and disability services 3 shall be performed on behalf of the county by the regional 4 administrator. The county of residence or the county’s mental 5 health and disability services region , as applicable, is 6 responsible for paying the public costs of the mental health 7 and disability services that are not covered by the medical 8 assistance program under chapter 249A and are provided in 9 accordance with the region’s approved service management plan 10 to persons who are residents of the county or region. 11 Sec. 87. Section 331.398, subsection 1, Code 2021, is 12 amended to read as follows: 13 1. The financing of a regional mental health and disability 14 service system is limited to a fixed budget amount. The fixed 15 budget amount shall be the amount identified in a regional 16 service system management plan and budget for the fiscal year. 17 A region shall receive state funding for growth in non-Medicaid 18 expenditures through the mental health and disability regional 19 services fund created in section 225C.7A to address increased 20 service costs, additional service populations, additional core 21 service domains, and increased numbers of persons receiving 22 services. 23 Sec. 88. Section 331.424A, subsection 1, paragraph b, Code 24 2021, is amended by striking the paragraph. 25 Sec. 89. Section 331.424A, subsection 3, Code 2021, is 26 amended to read as follows: 27 3. a. County revenues from taxes and other sources 28 designated by a county for mental health and disabilities 29 services shall be credited to the county mental health and 30 disabilities services fund which shall be created by the 31 county. The Until the required transfer of funds under 32 paragraph “b” , the board shall make appropriations from the fund 33 for payment of services provided under the regional service 34 system management plan approved pursuant to section 331.393 . 35 -43- LSB 2832SV (1) 89 jm/jh 43/ 103
S.F. 619 The For fiscal years beginning before July 1, 2022, the county 1 may pay for the services in cooperation with other counties 2 by pooling appropriations from the county services fund with 3 appropriations from the county services fund of other counties 4 through the county’s regional administrator, or through another 5 arrangement specified in the regional governance agreement 6 entered into by the county under section 331.392 . 7 b. Notwithstanding section 331.432, subsection 3, upon 8 conclusion of the fiscal year beginning July 1, 2021, except 9 for an exempt county under section 331.391, subsection 1, 10 the county treasurer shall transfer the remaining balance of 11 the county’s county services fund created under paragraph 12 “a” , including all unobligated and unencumbered funds, to the 13 county’s region to which the county belongs in the fiscal year 14 beginning July 1, 2022, for deposit in the region’s combined 15 account under section 331.391. 16 Sec. 90. Section 331.424A, subsection 4, paragraph a, Code 17 2021, is amended to read as follows: 18 a. An amount of unobligated and unencumbered funds, as 19 specified in the regional governance agreement entered into 20 by the county under section 331.392 , shall , for fiscal years 21 beginning before July 1, 2022, be reserved in the county 22 services fund to address cash flow obligations in the next 23 fiscal year , subject to the limitations of this subsection . 24 Sec. 91. Section 331.424A, subsection 4, paragraphs c and d, 25 Code 2021, are amended by striking the paragraphs. 26 Sec. 92. Section 331.424A, subsections 5, 6, and 9, Code 27 2021, are amended to read as follows: 28 5. Receipts from the state or federal government for fiscal 29 years beginning before July 1, 2022, for the mental health 30 and disability services administered or paid for by a county 31 shall be credited to the county services fund, including moneys 32 distributed to the county from the department of human services 33 and moneys allocated under chapter 426B . 34 6. For each fiscal year beginning before July 1, 2022 , the 35 -44- LSB 2832SV (1) 89 jm/jh 44/ 103
S.F. 619 county shall certify a levy for payment of services. For each 1 such fiscal year, county revenues from taxes imposed by the 2 county credited to the county services fund shall not exceed an 3 amount equal to the county budgeted amount for the fiscal year. 4 A levy certified under this section is not subject to the 5 appeal provisions of section 331.426 or to any other provision 6 in law authorizing a county to exceed, increase, or appeal a 7 property tax levy limit. 8 9. a. For the fiscal year beginning July 1, 2017, and 9 each subsequent fiscal year beginning before July 1, 2022 , the 10 county budgeted amount determined for each county shall be the 11 amount necessary to meet the county’s financial obligations for 12 the payment of services provided under the regional service 13 system management plan approved pursuant to section 331.393 , 14 not to exceed an amount equal to the product of the regional 15 per capita expenditure target amount twenty-one dollars and 16 fourteen cents multiplied by the county’s population , and, for 17 fiscal years beginning on or after July 1, 2023, reduced by 18 the amount of the county’s cash flow reduction amount for the 19 fiscal year calculated under subsection 4 , if applicable . 20 b. If a county officially joins a different region, the 21 county’s budgeted amount for a fiscal year beginning before 22 July 1, 2022, shall be the amount necessary to meet the 23 county’s financial obligations for payment of services provided 24 under the new region’s regional service system management plan 25 approved pursuant to section 331.393 , not to exceed an amount 26 equal to the product of the new region’s regional per capita 27 expenditure target amount twenty-one dollars and fourteen cents 28 multiplied by the county’s population , and, for fiscal years 29 beginning on or after July 1, 2023, reduced by the amount of 30 the county’s cash flow reduction amount for the fiscal year 31 calculated under subsection 4 , if applicable . 32 Sec. 93. Section 331.424A, Code 2021, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 10. This section is repealed July 1, 2022. 35 -45- LSB 2832SV (1) 89 jm/jh 45/ 103
S.F. 619 Sec. 94. Section 331.432, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. a. Except as authorized in section 331.477 , transfers 3 of moneys between the county services fund created pursuant 4 to section 331.424A and any other fund are prohibited. This 5 subsection paragraph does not apply to appropriations made or 6 the value of in-kind care and treatment provided pursuant to 7 section 347.7, subsection 1 , paragraph “c” , Code 2021, or to 8 transfers from a county public hospital fund under section 9 347.7 . This paragraph is repealed July 1, 2022. 10 b. Payments or transfers of moneys from any fund of the 11 county to a mental health and disability services region’s 12 combined account under section 331.391 are prohibited. This 13 paragraph applies to fiscal years beginning on or after July 14 1, 2022, but does not apply to transfers from a county public 15 hospital fund under section 347.7 for the fiscal year beginning 16 July 1, 2022, or the fiscal year beginning July 1, 2023. 17 Sec. 95. Section 347.7, subsection 1, paragraph c, Code 18 2021, is amended by striking the paragraph. 19 Sec. 96. Section 426B.1, subsection 2, Code 2021, is amended 20 to read as follows: 21 2. Moneys shall be distributed from the property tax relief 22 fund to counties for the mental health and disability regional 23 service system for mental health and disabilities services, in 24 accordance with the appropriations made to the fund and other 25 statutory requirements. 26 Sec. 97. Section 426B.2, Code 2021, is amended to read as 27 follows: 28 426B.2 Property tax relief fund payments. 29 The director of human services shall draw warrants on the 30 property tax relief fund, payable to the county treasurer 31 regional administrator in the amount due to a county mental 32 health and disability services region in accordance with 33 statutory requirements, and mail the warrants to the county 34 auditors regional administrator in July and January of each 35 -46- LSB 2832SV (1) 89 jm/jh 46/ 103
S.F. 619 year. 1 Sec. 98. Section 426B.4, Code 2021, is amended to read as 2 follows: 3 426B.4 Rules. 4 The mental health and disability services commission shall 5 consult with county representatives regional administrators 6 and the director of human services in prescribing forms and 7 adopting rules pursuant to chapter 17A to administer this 8 chapter . 9 Sec. 99. ADJUSTMENT TO PROPERTY TAXES CERTIFIED UNDER 10 SECTION 331.424A —— FY 2021-2022. For each county for which 11 the amount of taxes certified for levy for the purposes 12 of section 331.424A for the fiscal year beginning July 1, 13 2021, exceeds the product of the population of the county as 14 determined under section 331.424A, subsection 1, paragraph 15 “e”, multiplied by twenty-one dollars and fourteen cents, 16 the department of management shall reduce the amount of such 17 taxes certified for levy to an amount not to exceed the 18 product of the population of the county as determined under 19 section 331.424A, subsection 1, paragraph “e”, multiplied by 20 twenty-one dollars and fourteen cents and shall revise the rate 21 of taxation as necessary to raise the reduced amount. The 22 department of management shall report the reduction in the 23 certified taxes and the revised rate of taxation to the county 24 auditors by June 15, 2021. 25 Sec. 100. IMPLEMENTATION OF REGION INCENTIVE FUND UNDER 26 SECTION 225C.7A —— EMERGENCY RULEMAKING. 27 1. In order to timely implement the provisions of this 28 division of this Act establishing the region incentive fund 29 under section 225C.7A, subsection 8, for mental health and 30 disability services regions for funding the fiscal year 31 beginning July 1, 2021, and the fiscal year beginning July 32 1, 2022, the director of human services shall establish 33 alternative application deadlines and expedited application 34 review and approval timelines. 35 -47- LSB 2832SV (1) 89 jm/jh 47/ 103
S.F. 619 2. The department of human services may adopt 1 administrative rules under section 17A.4, subsection 3, and 2 section 17A.5, subsection 2, paragraph “b”, to implement 3 provisions of this division of this Act and the rules shall 4 become effective immediately upon filing or on a later 5 effective date specified in the rules, unless the effective 6 date of the rules is delayed or the applicability of the rules 7 is suspended by the administrative rules review committee. Any 8 rules adopted in accordance with this section shall not take 9 effect before the rules are reviewed by the administrative 10 rules review committee. The delay authority provided to 11 the administrative rules review committee under section 12 17A.8, subsections 9 and 10, shall be applicable to a delay 13 imposed under this section, notwithstanding a provision in 14 those subsections making them inapplicable to section 17A.5, 15 subsection 2, paragraph “b”. Any rules adopted in accordance 16 with the provisions of this section shall also be published as 17 a notice of intended action as provided in section 17A.4. 18 Sec. 101. EFFECTIVE DATE. This division of this Act, being 19 deemed of immediate importance, takes effect upon enactment. 20 DIVISION XXII 21 COMMERCIAL AND INDUSTRIAL PROPERTY TAX REPLACEMENT PAYMENTS 22 Sec. 102. Section 2.48, subsection 3, paragraph f, 23 subparagraph (6), Code 2021, is amended by striking the 24 subparagraph. 25 Sec. 103. Section 331.512, subsection 15, Code 2021, is 26 amended by striking the subsection. 27 Sec. 104. Section 331.559, subsection 27, Code 2021, is 28 amended by striking the subsection. 29 Sec. 105. Section 441.21A, subsection 1, paragraph a, Code 30 2021, is amended to read as follows: 31 a. For each fiscal year beginning on or after July 1, 2014, 32 but before July 1, 2029, there is appropriated from the general 33 fund of the state to the department of revenue an amount 34 necessary for the payment of all commercial and industrial 35 -48- LSB 2832SV (1) 89 jm/jh 48/ 103
S.F. 619 property tax replacement claims under this section for the 1 fiscal year. However, for a the fiscal year years beginning 2 on or after July 1, 2017, July 1, 2018, July 1, 2019, July 1, 3 2020, and July 1, 2021, the total amount of moneys appropriated 4 from the general fund of the state to the department of revenue 5 for the payment of commercial and industrial property tax 6 replacement claims in that each fiscal year shall not exceed 7 the total amount of money necessary to pay all commercial and 8 industrial property tax replacement claims for the fiscal year 9 beginning July 1, 2016. 10 Sec. 106. Section 441.21A, subsections 2 and 3, Code 2021, 11 are amended to read as follows: 12 2. a. Beginning with the For each fiscal year beginning 13 on or after July 1, 2014, but before July 1, 2022, each county 14 treasurer shall be paid by the department of revenue an 15 amount equal to the amount of the commercial and industrial 16 property tax replacement claims in the county, as calculated 17 in subsection 4 . If an amount appropriated for a the fiscal 18 year beginning on July 1, 2017, July 1, 2018, July 1, 2019, 19 July 1, 2020, or July 1, 2021, is insufficient to pay all 20 replacement claims for the fiscal year , the director of revenue 21 shall prorate the payment of replacement claims to the county 22 treasurers and shall notify the county auditors of the pro rata 23 percentage on or before September 30. 24 b. For each fiscal year beginning on or after July 1, 2022, 25 but before July 1, 2029, each county treasurer shall be paid 26 by the department of revenue an amount equal to the sum of the 27 commercial and industrial property tax replacement claims for 28 all taxing authorities, or portion thereof, located in the 29 county, as calculated in subsection 4A. The county treasurer 30 shall pay to each taxing authority the taxing authority’s 31 commercial and industrial property tax replacement claim, or 32 portion thereof, as calculated in subsection 4A. 33 3. a. On or before July 1 of each fiscal year beginning on 34 or after July 1, 2014, but before July 1, 2022, the assessor 35 -49- LSB 2832SV (1) 89 jm/jh 49/ 103
S.F. 619 shall report to the county auditor the total actual value of 1 all commercial property and industrial property in the county 2 that is subject to assessment and taxation for the assessment 3 year used to calculate the taxes due and payable in that fiscal 4 year. 5 b. On or before July 1, 2022, the department of management 6 shall calculate and report to the department of revenue for 7 each taxing authority in this state that is a city or a county 8 all of the following: 9 (1) The total assessed value as of January 1, 2012, of 10 all taxable property located in the taxing authority that is 11 subject to assessment and taxation used to calculate taxes 12 which are due and payable in the fiscal year beginning July 1, 13 2013, excluding property subject to the statewide property tax 14 imposed under section 437A.18 or 437B.14. 15 (2) The total assessed value as of January 1, 2019, of 16 all taxable property located in the taxing authority that is 17 subject to assessment and taxation used to calculate taxes 18 which are due and payable in the fiscal year beginning July 1, 19 2020, excluding property subject to the statewide property tax 20 imposed under section 437A.18 or 437B.14. 21 Sec. 107. Section 441.21A, subsection 4, unnumbered 22 paragraph 1, Code 2021, is amended to read as follows: 23 On or before a date established by rule of the department 24 of revenue of each fiscal year beginning on or after July 25 1, 2014, but before July 1, 2022, the county auditor shall 26 prepare a statement, based upon the report received pursuant to 27 subsection 3 , paragraph “a” , listing for each taxing district 28 in the county: 29 Sec. 108. Section 441.21A, Code 2021, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 4A. a. As used in this subsection, unless 32 the context clearly requires otherwise: 33 (1) “Qualified taxing authority” means any of the following: 34 (a) A taxing authority that is not a city or a county. 35 -50- LSB 2832SV (1) 89 jm/jh 50/ 103
S.F. 619 (b) A taxing authority that is a city or county for which 1 the amount determined under subsection 3, paragraph “b” , 2 subparagraph (2), is less than one hundred thirty-one and 3 twenty-four hundredths percent of the amount determined under 4 subsection 3, paragraph “b” , subparagraph (1). 5 (2) “Taxing authority” means a city, county, community 6 college, or other governmental entity or political subdivision 7 in this state authorized to certify a levy on property located 8 within such authority, but does not include a school district. 9 b. For fiscal years beginning on or after July 1, 2022, 10 but before July 1, 2029, the amount of each taxing authority’s 11 replacement claim is as follows: 12 (1) If the taxing authority is a qualified taxing authority: 13 (a) For the fiscal year beginning July 1, 2022, 14 seven-eighths of the amount received by the taxing authority 15 under this section for the fiscal year beginning July 1, 2021. 16 (b) For the fiscal year beginning July 1, 2023, six-eighths 17 of the amount received by the taxing authority under this 18 section for the fiscal year beginning July 1, 2021. 19 (c) For the fiscal year beginning July 1, 2024, five-eighths 20 of the amount received by the taxing authority under this 21 section for the fiscal year beginning July 1, 2021. 22 (d) For the fiscal year beginning July 1, 2025, four-eighths 23 of the amount received by the taxing authority under this 24 section for the fiscal year beginning July 1, 2021. 25 (e) For the fiscal year beginning July 1, 2026, 26 three-eighths of the amount received by the taxing authority 27 under this section for the fiscal year beginning July 1, 2021. 28 (f) For the fiscal year beginning July 1, 2027, two-eighths 29 of the amount received by the taxing authority under this 30 section for the fiscal year beginning July 1, 2021. 31 (g) For the fiscal year beginning July 1, 2028, one-eighth 32 of the amount received by the taxing authority under this 33 section for the fiscal year beginning July 1, 2021. 34 (2) If the taxing authority is not a qualified taxing 35 -51- LSB 2832SV (1) 89 jm/jh 51/ 103
S.F. 619 authority: 1 (a) For the fiscal year beginning July 1, 2022, four-fifths 2 of the amount received by the taxing authority under this 3 section for the fiscal year beginning July 1, 2021. 4 (b) For the fiscal year beginning July 1, 2023, three-fifths 5 of the amount received by the taxing authority under this 6 section for the fiscal year beginning July 1, 2021. 7 (c) For the fiscal year beginning July 1, 2024, two-fifths 8 of the amount received by the taxing authority under this 9 section for the fiscal year beginning July 1, 2021. 10 (d) For the fiscal year beginning July 1, 2025, one-fifth of 11 the amount received by the taxing authority under this section 12 for the fiscal year beginning July 1, 2021. 13 (e) For the fiscal year beginning July 1, 2026, and each 14 succeeding fiscal year beginning before July 1, 2029, zero. 15 (3) The department of management shall calculate and report 16 to the department of revenue the amount received by each 17 taxing authority in this state as the result of commercial and 18 industrial property tax replacement claims paid for the fiscal 19 year beginning July 1, 2021, and the portion of the amount 20 attributable to each county where the taxing authority is 21 located, if applicable. 22 Sec. 109. Section 441.21A, subsection 5, Code 2021, is 23 amended to read as follows: 24 5. For purposes of computing replacement amounts under 25 this section for fiscal years beginning on or after July 1, 26 2014, but before July 1, 2022 , that portion of an urban renewal 27 area defined as the sum of the assessed valuations defined in 28 section 403.19, subsections 1 and 2 , shall be considered a 29 taxing district. 30 Sec. 110. Section 441.21A, subsection 6, paragraph a, Code 31 2021, is amended to read as follows: 32 a. The For fiscal years beginning on or after July 1, 2014, 33 but before July 1, 2022, the county auditor shall certify 34 and forward one copy of the statement to the department of 35 -52- LSB 2832SV (1) 89 jm/jh 52/ 103
S.F. 619 revenue not later than a date of each year established by the 1 department of revenue by rule. 2 Sec. 111. Section 441.21A, subsection 6, Code 2021, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . f. This subsection shall apply to the 5 apportionment of replacement claim amounts for fiscal years 6 beginning on or after July 1, 2014, but before July 1, 2022. 7 Sec. 112. Section 441.21A, Code 2021, is amended by adding 8 the following new subsections: 9 NEW SUBSECTION . 7. a. For fiscal years beginning on 10 or after July 1, 2022, but before July 1, 2029, each taxing 11 authority’s replacement claim calculated under subsection 4A, 12 or portion thereof, shall be paid to the appropriate county 13 treasurer, as provided in subsection 2, paragraph “b” , in equal 14 installments in September and March of each year. 15 b. After payment by the county treasurer to the taxing 16 authority, the taxing authority’s replacement claim shall be 17 apportioned and credited by the governing body of the taxing 18 authority among the taxing authority’s tax levies in the same 19 proportion that each property tax levy bears to the total of 20 all property tax levies imposed by the taxing authority for the 21 fiscal year for which the payment is received. 22 c. Of the amounts allocated and credited to each property 23 tax levy that is subject to division under section 403.19, 24 the total amount paid into the fund for the taxing authority 25 as taxes by or for the taxing authority into which all other 26 property taxes are paid and the special fund of the applicable 27 municipality under section 403.19, subsection 2, shall be an 28 amount of the replacement claim that is proportionate to the 29 amount of the total sum of the assessed value of the taxable 30 commercial and industrial property in the urban renewal area as 31 a share of total assessed value of all taxable property in the 32 taxing authority and shall be apportioned as follows: 33 (1) To the fund for the taxing authority as taxes by or for 34 the taxing authority into which all other property taxes are 35 -53- LSB 2832SV (1) 89 jm/jh 53/ 103
S.F. 619 paid, an amount proportionate to the amount of actual value of 1 the commercial and industrial property in the urban renewal 2 area as determined in section 403.19, subsection 1, that was 3 subtracted pursuant to section 403.20, as it bears to the 4 total amount of actual value of the commercial and industrial 5 property in the urban renewal area that was subtracted pursuant 6 to section 403.20 for the assessment year for property taxes 7 due and payable in the fiscal year for which the replacement 8 claim is computed. 9 (2) (a) To the special fund of the applicable municipality 10 under section 403.19, subsection 2, the remaining amount, if 11 any. 12 (b) The amount allocated under subparagraph division (a) 13 shall not exceed the amount equal to the amount certified to 14 the county auditor under section 403.19 for the fiscal year in 15 which the claim is paid, after deduction of the amount of other 16 revenues committed for payment on that amount for the fiscal 17 year. The amount not allocated as a result of the operation of 18 this subparagraph division (b) shall be allocated to and paid 19 into the fund for the taxing authority as taxes by or for the 20 taxing authority in the manner provided in subparagraph (1). 21 NEW SUBSECTION . 8. This section is repealed July 1, 2029. 22 Sec. 113. EFFECTIVE DATE. The following take effect July 23 1, 2029: 24 1. The section of this division of this Act amending section 25 331.512. 26 2. The section of this division of this Act amending section 27 331.559. 28 DIVISION XXIII 29 SCHOOL FOUNDATION PERCENTAGE 30 Sec. 114. Section 257.1, subsection 2, paragraph b, Code 31 2021, is amended to read as follows: 32 b. For the budget year commencing July 1, 1999, and for 33 each succeeding budget year beginning before July 1, 2022, 34 the regular program foundation base per pupil is eighty-seven 35 -54- LSB 2832SV (1) 89 jm/jh 54/ 103
S.F. 619 and five-tenths percent of the regular program state cost per 1 pupil. For the budget year commencing July 1, 2022, and for 2 each succeeding budget year, the regular program foundation 3 base per pupil is eighty-eight and four-tenths percent of the 4 regular program state cost per pupil. For the budget year 5 commencing July 1, 1991, and for each succeeding budget year 6 the special education support services foundation base is 7 seventy-nine percent of the special education support services 8 state cost per pupil. The combined foundation base is the sum 9 of the regular program foundation base, the special education 10 support services foundation base, the total teacher salary 11 supplement district cost, the total professional development 12 supplement district cost, the total early intervention 13 supplement district cost, the total teacher leadership 14 supplement district cost, the total area education agency 15 teacher salary supplement district cost, and the total area 16 education agency professional development supplement district 17 cost. 18 Sec. 115. Section 257.3, subsection 1, paragraph d, Code 19 2021, is amended by striking the paragraph. 20 Sec. 116. EFFECTIVE DATE. The section of this division of 21 this Act amending section 257.3, subsection 1, paragraph “d”, 22 takes effect July 1, 2022. 23 DIVISION XXIV 24 PUBLIC EDUCATION AND RECREATION TAX LEVY 25 Sec. 117. Section 276.10, subsection 1, Code 2021, is 26 amended to read as follows: 27 1. The board of directors of a local school district 28 may establish a community education program for schools in 29 the district and provide for the general supervision of the 30 program. Financial support for the program shall may be 31 provided from funds raised pursuant to chapter 300 received by 32 the school district under chapter 423F and from any private 33 funds and any federal funds made available for the purpose of 34 implementing this chapter . The program which recognizes that 35 -55- LSB 2832SV (1) 89 jm/jh 55/ 103
S.F. 619 the schools belong to the people and which shall be centered 1 in the schools may include but shall not be limited to the use 2 of the school facilities day and night, year round including 3 weekends and regular school vacation periods for educational, 4 recreational, cultural, and other community services and 5 programs for all age, ethnic, and socioeconomic groups residing 6 in the community. 7 Sec. 118. Section 278.1, subsection 1, paragraph e, Code 8 2021, is amended to read as follows: 9 e. Direct the transfer of any surplus in the debt service 10 fund, physical plant and equipment levy fund , or other capital 11 project funds , or public education and recreation levy fund to 12 the general fund. 13 Sec. 119. Section 298A.6, Code 2021, is amended to read as 14 follows: 15 298A.6 Public education and recreation levy fund. 16 The public education and recreation levy fund is a special 17 revenue fund. A public education and recreation levy fund 18 must be established in any school corporation which levies 19 levied the tax authorized under section 300.2 , Code 2021, or 20 which receives received revenue from a chapter 28E agreement 21 authorized under section 300.1 , Code 2021 . Moneys available in 22 the fund at the conclusion of the fiscal year beginning July 1, 23 2023, and ending June 30, 2024, shall be expended by the school 24 corporation for the purposes authorized under chapter 300, Code 25 2021. 26 Sec. 120. Section 300.2, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 4. a. A levy under this chapter shall not 29 be approved by the voters on or after the effective date of 30 this division of this Act. 31 b. If the levy has not been discontinued under section 32 300.3, the authorization to impose the levy under this chapter 33 shall terminate July 1, 2024. 34 c. Notwithstanding subsection 2, including a proposition 35 -56- LSB 2832SV (1) 89 jm/jh 56/ 103
S.F. 619 approved at an election held before the effective date of this 1 division of this Act, the rate of a levy imposed by a board of 2 directors under this chapter for the fiscal year beginning July 3 1, 2023, shall not exceed one-half of the levy rate imposed by 4 the board of directors for the fiscal year beginning July 1, 5 2022. 6 Sec. 121. Section 423F.3, subsection 1, paragraph c, Code 7 2021, is amended by striking the paragraph. 8 Sec. 122. Section 423F.5, subsection 1, Code 2021, is 9 amended to read as follows: 10 1. A school district shall include as part of its financial 11 audit for the budget year beginning July 1, 2007, and for 12 each subsequent budget year the amount received during the 13 year pursuant to chapter 423E or this chapter , as applicable. 14 In addition, the financial audit shall include the amount 15 of bond levies , and physical plant and equipment levy , and 16 public educational and recreational levy reduced as a result 17 of the moneys received under chapter 423E or this chapter , 18 as applicable. The amount of the reductions shall be stated 19 in terms of dollars and cents per one thousand dollars of 20 valuation and in total amount of property tax dollars. Also 21 included shall be an accounting of the amount of moneys 22 received which were spent for infrastructure purposes pursuant 23 to chapter 423E or this chapter , as applicable. 24 Sec. 123. REPEAL. Sections 276.11 and 276.12, Code 2021, 25 are repealed. 26 Sec. 124. REPEAL. Chapter 300, Code 2021, is repealed. 27 Sec. 125. EFFECTIVE DATE. Except as otherwise provided 28 in this division of this Act, this division of this Act takes 29 effect July 1, 2024. 30 Sec. 126. EFFECTIVE DATE. The following, being deemed of 31 immediate importance, takes effect upon enactment: 32 The section of this division of this Act enacting section 33 300.2, subsection 4. 34 Sec. 127. APPLICABILITY. Except for the section of this 35 -57- LSB 2832SV (1) 89 jm/jh 57/ 103
S.F. 619 division of this Act enacting section 300.2, subsection 4, this 1 division of this Act applies to fiscal years beginning on or 2 after July 1, 2024. 3 DIVISION XXV 4 ELDERLY PROPERTY TAX CREDIT 5 Sec. 128. Section 25B.7, subsection 2, paragraph b, Code 6 2021, is amended to read as follows: 7 b. Low-income property tax credit and elderly and disabled 8 property tax credit pursuant to sections 425.16 through 425.40 , 9 subject to the limitation of 41, paragraph “b” . 10 Sec. 129. Section 425.17, subsection 2, Code 2021, is 11 amended to read as follows: 12 2. a. “Claimant” means either any of the following: 13 (1) A person filing a claim for credit or reimbursement 14 under this subchapter who has attained the age of sixty-five 15 years but who has not attained the age of seventy years on 16 or before December 31 of the base year or , a person filing a 17 claim for credit or reimbursement under this subchapter who 18 is totally disabled and was totally disabled on or before 19 December 31 of the base year , or a person filing a claim for 20 reimbursement under this subchapter who has attained the age of 21 sixty-five years on or before December 31 of the base year and 22 who is domiciled in this state at the time the claim is filed or 23 at the time of the person’s death in the case of a claim filed 24 by the executor or administrator of the claimant’s estate. 25 (2) A person filing a claim for credit or reimbursement 26 under this subchapter who has attained the age of twenty-three 27 years on or before December 31 of the base year or was a head 28 of household on December 31 of the base year, as defined in 29 the Internal Revenue Code, but has not attained the age or 30 disability status described in this paragraph “a” , subparagraph 31 (1) or the age status and eligibility criteria of subparagraph 32 (3) , and is domiciled in this state at the time the claim is 33 filed or at the time of the person’s death in the case of a 34 claim filed by the executor or administrator of the claimant’s 35 -58- LSB 2832SV (1) 89 jm/jh 58/ 103
S.F. 619 estate, and was not claimed as a dependent on any other 1 person’s tax return for the base year. 2 (3) A person filing a claim for credit under this subchapter 3 who has attained the age of seventy years on or before December 4 31 of the base year, who has a household income of less than 5 two hundred fifty percent of the federal poverty level, as 6 defined by the most recently revised poverty income guidelines 7 published by the United States department of health and human 8 services, and is domiciled in this state at the time the claim 9 is filed or at the time of the person’s death in the case of a 10 claim filed by the executor or administrator of the claimant’s 11 estate. 12 b. “Claimant” under paragraph “a” , subparagraph (1) or (2), 13 includes a vendee in possession under a contract for deed and 14 may include one or more joint tenants or tenants in common. 15 In the case of a claim for rent constituting property taxes 16 paid, the claimant shall have rented the property during any 17 part of the base year. In the case of a claim for property 18 taxes due, the claimant shall have occupied the property during 19 any part of the fiscal year beginning July 1 of the base year. 20 If a homestead is occupied by two or more persons, and more 21 than one person is able to qualify as a claimant, the persons 22 may each file a claim based upon each person’s income and rent 23 constituting property taxes paid or property taxes due. 24 Sec. 130. Section 425.23, subsection 1, paragraph a, 25 unnumbered paragraph 1, Code 2021, is amended to read as 26 follows: 27 The tentative credit or reimbursement for a claimant 28 described in section 425.17, subsection 2 , paragraph “a” , 29 subparagraphs subparagraph (1) and (2), if no appropriation is 30 made to the fund created in section 425.40 shall be determined 31 in accordance with the following schedule: 32 Sec. 131. Section 425.23, subsection 1, Code 2021, is 33 amended by adding the following new paragraph: 34 NEW PARAGRAPH . c. The tentative credit for a claimant 35 -59- LSB 2832SV (1) 89 jm/jh 59/ 103
S.F. 619 described in section 425.17, subsection 2, paragraph “a” , 1 subparagraph (3), shall be the greater of the following: 2 (1) The amount of the credit under the schedule specified 3 in paragraph “a” of this subsection as if the claimant was a 4 claimant as defined in section 425.17, subsection 2, paragraph 5 “a” , subparagraph (1), filing for a credit under paragraph “a” 6 of this subsection. 7 (2) The difference between the actual amount of property 8 taxes due on the homestead during the fiscal year next 9 following the base year minus the actual amount of property 10 taxes due on the homestead during the first fiscal year for 11 which the claimant filed a claim for a credit calculated under 12 this paragraph “c” and for which the property taxes due on the 13 homestead were calculated on an assessed valuation that was 14 not a partial assessment and if the claimant has filed for the 15 credit calculated under this paragraph “c” for each of the 16 subsequent fiscal years after the first credit claimed. 17 Sec. 132. Section 425.23, subsection 4, paragraph a, Code 18 2021, is amended to read as follows: 19 a. For the base year beginning in the 1999 calendar year 20 and for each subsequent base year, the dollar amounts set 21 forth in subsections subsection 1 , paragraphs “a” and “b” , and 22 subsection 3 shall be multiplied by the cumulative adjustment 23 factor for that base year. “Cumulative adjustment factor” means 24 the product of the annual adjustment factor for the 1998 base 25 year and all annual adjustment factors for subsequent base 26 years. The cumulative adjustment factor applies to the base 27 year beginning in the calendar year for which the latest annual 28 adjustment factor has been determined. 29 Sec. 133. Section 425.24, Code 2021, is amended to read as 30 follows: 31 425.24 Maximum property tax for purpose of credit or 32 reimbursement. 33 In For claimants under section 425.17, subsection 2, 34 paragraph “a” , subparagraphs (1) and (2), and for the 35 -60- LSB 2832SV (1) 89 jm/jh 60/ 103
S.F. 619 calculation under section 425.23, subsection 1, paragraph “c” , 1 subparagraph (1), in any case in which property taxes due or 2 rent constituting property taxes paid for any household exceeds 3 one thousand dollars, the amount of property taxes due or rent 4 constituting property taxes paid shall be deemed to have been 5 one thousand dollars for purposes of this subchapter . 6 Sec. 134. Section 425.39, subsection 1, as amended by 2021 7 Iowa Acts, House File 368, section 33, is amended to read as 8 follows: 9 1. a. The elderly and disabled property tax credit fund is 10 created. There is appropriated annually from the general fund 11 of the state to the department of revenue to be credited to the 12 elderly and disabled property tax credit fund, from funds not 13 otherwise appropriated, an amount sufficient to implement this 14 subchapter for credits for property taxes due for claimants 15 described in section 425.17, subsection 2 , paragraph “a” , 16 subparagraph subparagraphs (1) and (3), subject to paragraph 17 “b” . 18 b. Regardless of the amount of the credit determined under 19 section 425.23, subsection 1, paragraph “c” , the amount paid by 20 the director of revenue to each county treasurer for credits 21 for claimants described under section 425.17, subsection 2, 22 paragraph “a” , subparagraph (3), shall not exceed the amount 23 calculated for the claimant under section 425.23, subsection 1, 24 paragraph “c” , subparagraph (1), and section 25B.7, subsection 25 1, shall not apply to the amount of the credit in excess of the 26 amount paid by the director of revenue. 27 Sec. 135. APPLICABILITY. This division of this Act applies 28 to claims under chapter 425, subchapter II, filed on or after 29 January 1, 2022. 30 DIVISION XXVI 31 TRANSIT FUNDING 32 Sec. 136. Section 28M.3, subsection 1, Code 2021, is amended 33 to read as follows: 34 1. A regional transit district shall have all the rights, 35 -61- LSB 2832SV (1) 89 jm/jh 61/ 103
S.F. 619 powers, and duties of a county enterprise pursuant to sections 1 331.462 through 331.469 as they relate to the purpose for 2 which the regional transit district is created, including 3 the authority to issue revenue bonds for the establishment, 4 construction, reconstruction, repair, equipping, remodeling, 5 extension, maintenance, and operation of works, vehicles, and 6 facilities of a regional transit district. In addition, a 7 regional transit district, with the approval of the board of 8 supervisors, may issue general obligation bonds as an essential 9 county purpose pursuant to chapter 331, subchapter IV, part 3 , 10 for the establishment, construction, reconstruction, repair, 11 equipping, remodeling, extension, maintenance, and operation of 12 works, vehicles, and facilities of a regional transit district. 13 Such general obligation bonds are payable from the property tax 14 levy authorized in section 28M.5 and from the transit hotel and 15 motel tax imposed under section 423A.4, subsection 1, paragraph 16 “b” , if applicable . 17 Sec. 137. Section 28M.4, subsection 3, Code 2021, is amended 18 to read as follows: 19 3. A commission shall adopt and certify an annual budget 20 for the regional transit district. A commission in its budget 21 shall allocate the revenue responsibilities of each county and 22 city participating in the regional transit district , subject 23 to reductions in the maximum authorized property tax levy 24 rate under section 28M.5, if applicable . A commission shall 25 be considered a municipality for purposes of adopting and 26 certifying a budget pursuant to chapter 24 . 27 Sec. 138. Section 28M.4, Code 2021, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4A. A commission may, following approval at 30 election, impose a transit hotel and motel tax under section 31 423A.4, subsection 1, paragraph “b” . 32 Sec. 139. Section 28M.4, subsections 5 and 6, Code 2021, are 33 amended to read as follows: 34 5. A commission shall levy for the tax under section 28M.5 35 -62- LSB 2832SV (1) 89 jm/jh 62/ 103
S.F. 619 and shall control any tax revenues paid to the regional transit 1 district the commission administers and , including all moneys 2 derived from the operation of the regional transit district, 3 a transit hotel and motel tax imposed under section 423A.4, 4 subsection 1, paragraph “b” , the sale of its the district’s 5 property, interest on investments, or from any other source 6 related to the regional transit district. 7 6. Tax revenues collected from a regional transit district 8 levy or a transit hotel and motel tax under section 423A.4, 9 subsection 1, paragraph “b” , shall be held by the county 10 treasurer. Before the fifteenth day of each month, the county 11 treasurer shall send the amount collected for each fund through 12 the last day of the preceding month for direct deposit into 13 the depository and account designated by the commission. The 14 county treasurer shall send a notice to the secretary of the 15 commission or the secretary’s designee stating the amount 16 deposited, the date, the amount to be credited to each fund 17 according to the budget, and the source of the revenue. 18 Sec. 140. Section 28M.5, subsections 1 and 4, Code 2021, are 19 amended to read as follows: 20 1. a. The commission, with the approval of the board of 21 supervisors of participating counties and the city council of 22 participating cities in the chapter 28E agreement, may , subject 23 to the reductions required under paragraph “b” , levy annually a 24 tax not to exceed ninety-five cents per thousand dollars of the 25 assessed value of all taxable property in a regional transit 26 district to the extent provided in this section . The chapter 27 28E agreement may authorize the commission to levy the tax at 28 different rates within the participating cities and counties in 29 amounts sufficient to meet the revenue responsibilities of such 30 cities and counties as allocated in the budget adopted by the 31 commission. However, for a city participating in a regional 32 transit district, the total of all the tax levies imposed in 33 the city pursuant to section 384.12, subsection 10 , and this 34 section shall not exceed the aggregate of ninety-five cents per 35 -63- LSB 2832SV (1) 89 jm/jh 63/ 103
S.F. 619 thousand dollars of the assessed value of all taxable property 1 in the participating city or the levy rate determined under 2 paragraph “b” , whichever is less . 3 b. (1) If a regional transit district imposes a transit 4 hotel and motel tax under section 423A.4, subsection 1, 5 paragraph “b” , the maximum levy rate authorized under this 6 section shall be reduced as provided in this paragraph. For 7 each fiscal year beginning on or after July 1 following the 8 first calendar year for which the transit hotel and motel 9 tax is imposed in the regional transit district, and until 10 subparagraph (4) applies, the levy rate imposed under this 11 section shall not exceed a rate equal to the rate that would 12 be required for the fiscal year beginning July 1 following the 13 election approving the transit hotel and motel tax to collect 14 an amount equal to the property taxes collected by the regional 15 transit district for the fiscal year beginning July 1 following 16 the election approving the transit hotel and motel tax minus 17 the amount of transit hotel and motel tax revenue received by 18 the regional transit district for the first calendar year for 19 which the transit hotel and motel tax is imposed. 20 (2) If the regional transit district authorizes the 21 commission to levy the tax at different rates within the 22 participating cities and counties, as authorized under 23 paragraph “a” , the levy rate reduction required under this 24 paragraph shall be applied by the department of management 25 to each participating city and county based upon the revenue 26 responsibilities of such cities and counties as provided in the 27 chapter 28E agreement on the date the transit hotel and motel 28 tax is approved at election. 29 (3) If a regional transit district increases the rate of the 30 transit hotel and motel tax, further reductions in the maximum 31 authorized levy rate under this section shall be implemented 32 in the same manner as provided under subparagraphs (1) and (2) 33 for the reductions following initial imposition of the transit 34 hotel and motel tax. 35 -64- LSB 2832SV (1) 89 jm/jh 64/ 103
S.F. 619 (4) If the regional transit district repeals the transit 1 hotel and motel tax, the maximum authorized levy rate shall be 2 ninety-five cents per thousand dollars of the assessed value 3 for fiscal years beginning after the date of termination under 4 section 423A.4, unless the transit hotel and motel tax is 5 reinstated. 6 4. The proceeds of the tax levy and other authorized 7 revenues of the regional transit district shall be used for 8 the operation and maintenance of a regional transit district, 9 for payment of debt obligations of the district, and for the 10 creation of a reserve fund. The commission may divide the 11 territory of a regional transit district outside the boundaries 12 of a city into separate service areas and impose a regional 13 transit district levy not to exceed the maximum rate authorized 14 by this section in each service area. 15 Sec. 141. Section 303.52, subsection 4, paragraph a, Code 16 2021, is amended to read as follows: 17 a. The board of trustees may by ordinance impose a local 18 hotel and motel tax in accordance with chapter 423A . 19 Sec. 142. Section 331.402, subsection 2, paragraph f, Code 20 2021, is amended to read as follows: 21 f. Impose a local hotel and motel tax in accordance with 22 chapter 423A . 23 Sec. 143. Section 384.12, subsection 10, Code 2021, is 24 amended to read as follows: 25 10. a. A tax for the operation and maintenance of a 26 municipal transit system or for operation and maintenance of a 27 regional transit district, and for the creation of a reserve 28 fund for the system or district, in an amount not to exceed 29 ninety-five cents per thousand dollars of assessed value 30 each year or the levy rate determined under paragraph “b” , 31 if applicable , when the revenues from the transit system or 32 district are insufficient for such purposes. 33 b. (1) If the city participates in a regional transit 34 district under chapter 28M that imposes a transit hotel and 35 -65- LSB 2832SV (1) 89 jm/jh 65/ 103
S.F. 619 motel tax under section 423A.4, the maximum levy rate shall be 1 the levy rate determined under section 28M.5, subsection 1, 2 paragraph “b” . 3 (2) (a) If the city imposes a transit hotel and motel tax 4 under section 423A.4, the maximum levy rate shall be reduced as 5 provided in this subparagraph. For each fiscal year beginning 6 on or after July 1 following the first calendar year for which 7 the transit hotel and motel tax is imposed in the city, and 8 until subparagraph division (c) applies, the levy rate imposed 9 under this subsection shall not exceed a rate equal to the rate 10 that would be required for the fiscal year beginning July 1 11 following the election approving the transit hotel and motel 12 tax to collect an amount equal to the property taxes collected 13 by the city under this subsection for the fiscal year beginning 14 July 1 following the election approving the transit hotel and 15 motel tax minus the amount of transit hotel and motel tax 16 revenue received by the city for the first calendar year for 17 which the transit hotel and motel tax is imposed. 18 (b) If a city increases the rate of the transit hotel and 19 motel tax, further reductions in the maximum authorized levy 20 rate under this subsection shall be implemented in the same 21 manner as provided under subparagraph division (a) for the 22 reduction following initial imposition of the transit hotel and 23 motel tax. 24 (c) If the city repeals the transit hotel and motel tax, 25 the maximum authorized levy rate shall be ninety-five cents 26 per thousand dollars of the assessed value for fiscal years 27 beginning after the date of termination under section 423A.4, 28 unless the transit hotel and motel tax is reinstated. 29 Sec. 144. Section 423A.4, Code 2021, is amended to read as 30 follows: 31 423A.4 Locally imposed Local hotel and motel tax —— transit 32 hotel and motel tax . 33 1. a. A city, a county, or a land use district created 34 under chapter 303, subchapter IV, may impose, by ordinance of 35 -66- LSB 2832SV (1) 89 jm/jh 66/ 103
S.F. 619 the city council or by resolution of the board of supervisors 1 or by ordinance of the board of trustees, a local hotel and 2 motel tax, at a rate not to exceed seven percent, which shall 3 be imposed in increments of one or more full percentage points 4 upon the sales price from the renting of lodging. The tax 5 when imposed by a city shall apply only within the corporate 6 boundaries of that city, when imposed by a county shall apply 7 only outside incorporated areas within that county, and when 8 imposed by a land use district shall apply only within the 9 corporate boundaries of that district. A local hotel and motel 10 tax imposed by a city or county shall not be imposed within the 11 corporate boundaries of a land use district during any period 12 of time that the land use district is imposing a local hotel 13 and motel tax. 14 b. A regional transit district or a city that is not 15 participating in a regional transit district may impose, by 16 resolution of the regional transit district commission or by 17 ordinance of the city council, a transit hotel and motel tax, 18 at a rate not to exceed five percent, which shall be imposed 19 in increments of one or more full percentage points upon the 20 sales price from the renting of lodging. The tax when imposed 21 by a regional transit district shall apply only within the 22 boundaries of the regional transit district and may be imposed 23 in addition to any tax imposed under paragraph “a” . The tax 24 when imposed by a city shall apply only within the corporate 25 boundaries of that city and may be imposed in addition to any 26 tax imposed under paragraph “a” . 27 2. Within ten days of the election at which a majority of 28 those voting on the question favors the imposition, repeal, 29 or change in the rate of the local hotel and motel tax or the 30 transit hotel and motel tax , the county auditor shall give 31 written notice by sending a copy of the abstract of votes from 32 the favorable election to the director of revenue. 33 3. A local hotel and motel tax imposed by a city, county, 34 or land use district shall be imposed on January 1 or July 35 -67- LSB 2832SV (1) 89 jm/jh 67/ 103
S.F. 619 1, following the notification of the director of revenue. A 1 transit hotel and motel tax imposed by a regional transit 2 district or a city shall be imposed on January 1, following the 3 notification of the director of revenue. Once imposed, the tax 4 shall remain in effect at the rate imposed for a minimum of 5 one year. A local hotel and motel tax or a transit hotel and 6 motel tax shall terminate only on June 30 or December 31. At 7 least forty-five days prior to the tax being effective or prior 8 to a revision in the tax rate or prior to the repeal of the 9 tax, a city, county, or land use district , or regional transit 10 district shall provide notice by mail of such action to the 11 director of revenue. The director shall have the authority to 12 waive the notice requirement. 13 4. a. A city, county, or land use district shall impose 14 or repeal a hotel and motel tax or increase or reduce the 15 tax rate only after an election at which a majority of those 16 voting on the question favors imposition, repeal, or change 17 in rate. A regional transit district or city shall impose or 18 repeal a transit hotel and motel tax or increase or reduce the 19 tax rate only after an election at which a majority of those 20 voting on the question favors imposition, repeal, or change in 21 rate. However, a local hotel and motel tax of a city or county 22 shall not be repealed or reduced in rate if obligations are 23 outstanding which are payable as provided in section 423A.7 , 24 unless funds sufficient to pay the principal, interest, and 25 premium, if any, on the outstanding obligations at and prior 26 to maturity have been properly set aside and pledged for that 27 purpose. 28 b. (1) If the local hotel and motel tax applies only within 29 the corporate boundaries of a city, only the registered voters 30 of the city shall be permitted to vote. The election shall be 31 held at the time of the regular city election or at a special 32 election called for that purpose. 33 (2) If the local hotel and motel tax applies only in the 34 unincorporated areas of a county or only within the corporate 35 -68- LSB 2832SV (1) 89 jm/jh 68/ 103
S.F. 619 boundaries of a land use district, only the registered voters 1 of the unincorporated areas of the county or the registered 2 voters of the land use district, as applicable, shall be 3 permitted to vote. The election shall be held at the time of 4 the general election or at a special election called for that 5 purpose. 6 (3) For a transit hotel and motel tax imposed by a regional 7 transit district, only the registered voters of the regional 8 transit district shall be permitted to vote. The election 9 shall be held at the time of the general election or the 10 regular city election. 11 (4) For a transit hotel and motel tax imposed by a city, 12 only the registered voters of the city shall be permitted to 13 vote. The election shall be held at the time of the general 14 election or the regular city election. 15 5. The locally imposed local hotel and motel tax and the 16 transit hotel and motel tax shall be collected and remitted as 17 provided in section 423A.5A . 18 Sec. 145. Section 423A.5A, subsection 3, Code 2021, is 19 amended to read as follows: 20 3. Unless otherwise provided in this section , the 21 state-imposed tax under section 423A.3 and any locally , the 22 local hotel and motel tax imposed tax under section 423A.4 , and 23 the transit hotel and motel tax imposed under section 423A.4, 24 shall be collected by the lodging provider from the user of 25 that lodging and shall be remitted to the department. The 26 lodging provider shall add the state-imposed tax to the sales 27 price of the lodging and the tax, when collected, shall be 28 stated as a distinct item, separate and apart from the sales 29 price of the lodging and from the locally imposed tax taxes 30 imposed under section 423A.4 , if any. The lodging provider 31 shall add the locally imposed each tax imposed under section 32 423A.4 , if any, to the sales price of the lodging and the tax, 33 when collected, shall be stated as a distinct item, separate 34 and apart from the sales price of the lodging , and from the 35 -69- LSB 2832SV (1) 89 jm/jh 69/ 103
S.F. 619 state-imposed tax , and from the other taxes imposed under 1 section 423A.4 . 2 Sec. 146. Section 423A.6, subsections 1, 3, and 4, Code 3 2021, are amended to read as follows: 4 1. The director of revenue shall administer the state , 5 and local , and transit hotel and motel tax taxes as nearly as 6 possible in conjunction with the administration of the state 7 sales tax law, except that portion of the law which implements 8 the streamlined sales and use tax agreement. The director 9 shall provide appropriate forms, or provide on the regular 10 state tax forms, for reporting state , and local , and transit 11 hotel and motel tax liability. All moneys received or refunded 12 one hundred eighty days after the date on which a city, county, 13 or land use district , or regional transit district, terminates 14 its local hotel and motel tax or transit hotel and motel tax 15 and all moneys received from the state hotel and motel tax 16 shall be deposited in or withdrawn from the general fund of the 17 state. 18 3. The director, in consultation with local officials, 19 shall collect and account for a local hotel and motel tax and a 20 transit hotel and motel tax and shall credit all revenues to 21 the local transient guest tax fund created in section 423A.7 . 22 Local authorities shall not require any tax permit not required 23 by the director of revenue. 24 4. Section 422.25, subsection 4 , sections 422.30 , 422.67 , 25 and 422.68 , section 422.69, subsection 1 , sections 422.70 , 26 422.71 , 422.72 , 422.74 , and 422.75 , section 423.14, subsection 27 1 , and sections 423.23 , 423.24 , 423.25 , 423.31 , 423.33 , 28 423.35 , 423.37 through 423.42 , and 423.47 , consistent with the 29 provisions of this chapter , apply with respect to the taxes 30 authorized under this chapter , in the same manner and with 31 the same effect as if the state , and local , and transit hotel 32 and motel taxes were retail sales taxes within the meaning of 33 those statutes. Notwithstanding this subsection , the director 34 shall provide for quarterly filing of returns and for other 35 -70- LSB 2832SV (1) 89 jm/jh 70/ 103
S.F. 619 than quarterly filing of returns both as prescribed in section 1 423.31 . The director may require all persons who are engaged 2 in the business of deriving any sales price subject to tax 3 under this chapter to register with the department. All taxes 4 collected under this chapter by a retailer, lodging provider, 5 lodging facilitator, lodging platform, or any other person are 6 deemed to be held in trust for the state of Iowa and the local 7 jurisdictions imposing the taxes. 8 Sec. 147. Section 423A.7, subsections 2 and 3, Code 2021, 9 are amended to read as follows: 10 2. All moneys in the local transient guest tax fund shall 11 be remitted at least quarterly by the department, pursuant to 12 rules of the director of revenue, to each city in the amount 13 collected under section 423A.4, subsection 1, paragraph “a” , 14 from businesses in that city, to each county in the amount 15 collected under section 423A.4, subsection 1, paragraph “a” , 16 from businesses in the unincorporated areas of the county, and 17 to each land use district in the amount collected under section 18 423A.4, subsection 1, paragraph “a” , from businesses in that 19 land use district , to each regional transit district in the 20 amount collected under section 423A.4, subsection 1, paragraph 21 “b” , from businesses within the boundaries of the regional 22 transit district and to each city in the amount collected under 23 section 423A.4, subsection 1, paragraph “b” , from businesses 24 in that city . 25 3. Moneys received by the city from this fund collected 26 under section 423A.4, subsection 1, paragraph “a” , shall be 27 credited to the general fund of the city, subject to the 28 provisions of subsection 4 . 29 Sec. 148. Section 423A.7, Code 2021, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 6. a. The revenue derived by a regional 32 transit district from the transit hotel and motel tax 33 authorized by section 423A.4 shall be expended exclusively for 34 the purposes of the regional transit district under chapter 28M 35 -71- LSB 2832SV (1) 89 jm/jh 71/ 103
S.F. 619 and shall result in a reduction in the maximum levy rate for 1 the regional transit district, as provided in section 28M.5, 2 subsection 1, paragraph “b” . However, the amount of revenue 3 derived by the regional transit district in the second calendar 4 year that transit hotel and motel tax is imposed that exceeds 5 the amount of revenue derived by the regional transit district 6 in the first calendar year that transit hotel and motel tax 7 is imposed shall be used for property tax relief for the levy 8 under section 28M.5 in addition to the reduction to the levy 9 rate as the result of the revenue derived in the first calendar 10 year that the transit hotel and motel tax is imposed. 11 b. The revenue derived by a city from the transit hotel 12 and motel tax authorized by section 423A.4 shall be expended 13 exclusively for the operation and maintenance of a municipal 14 transit system and shall result in a reduction in the maximum 15 levy rate for the city under section 384.12, subsection 10. 16 However, the amount of revenue derived by the city in the 17 second calendar year that transit hotel and motel tax is 18 imposed that exceeds the amount of revenue derived by the 19 city in the first calendar year that transit hotel and motel 20 tax is imposed shall be used for property tax relief for the 21 levy under section 384.12, subsection 10, in addition to the 22 reduction to the levy rate as the result of the revenue derived 23 in the first calendar year that the transit hotel and motel tax 24 is imposed. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to state and local revenue and finance by 29 modifying future tax contingencies, the state individual and 30 corporate income taxes, the state inheritance tax, provides for 31 housing incentives, makes transfers, and provides for other 32 properly related matters. 33 DIVISION I —— FUTURE TAX CONTINGENCIES. The bill amends 2018 34 Iowa Acts, chapter 1161, section 133 (trigger), by striking 35 -72- LSB 2832SV (1) 89 jm/jh 72/ 103
S.F. 619 the two conditions necessary for the trigger to occur, and 1 specifies the provisions in 2018 Iowa Acts, chapter 1161, 2 sections 99-132, take effect January 1, 2023. 3 Currently, the two conditions are necessary for the trigger 4 to occur include net general fund revenues for the fiscal year 5 ending June 30, 2022, equaling or exceeding $8.3146 billion, 6 and also equaling or exceeding 104 percent of the net general 7 fund revenues for the fiscal year ending June 30, 2021. If 8 these two conditions are not satisfied, current law institutes 9 the changes for tax years beginning on or after the January 1 10 following the first fiscal year for which the two conditions 11 do occur. By striking the “trigger”, the bill sets in motion 12 numerous tax changes for tax years beginning on or after 13 January 1, 2023, described below. 14 INDIVIDUAL INCOME TAX. The tax changes include reducing the 15 number of individual income tax brackets from nine to four, and 16 modifying the taxable income amounts and tax rates as follows: 17 Income over: But not over: Tax Rate: 18 1) $0 $6,000 4.40% 19 2) $6,000 $30,000 4.82% 20 3) $30,000 $75,000 5.70% 21 4) $75,000 6.50% 22 For a married couple filing a joint return, the taxable 23 income amounts in each bracket above are doubled. Also, the 24 taxable income amounts in each bracket above will be indexed to 25 inflation and increased in future tax years, beginning in the 26 tax year following the 2023 tax year. 27 INDIVIDUAL INCOME TAX CALCULATION. Under current law, the 28 starting point for computing the Iowa individual income tax is 29 federal adjusted gross income before the net operating loss 30 deduction, which is generally a taxpayer’s gross income minus 31 several deductions. From that point, Iowa requires several 32 adjustments and then provides taxpayers with a deduction 33 for federal income taxes paid, and the option to deduct a 34 standard deduction or itemized deductions. The bill changes 35 -73- LSB 2832SV (1) 89 jm/jh 73/ 103
S.F. 619 the starting point for computing the individual income tax 1 to federal taxable income, which includes all deductions and 2 adjustments taken at the federal level in computing tax, 3 including a standard deduction or itemized deductions, and the 4 qualified business income deduction allowed for certain income 5 earned from a pass-through entity. Because the starting point 6 changes to federal taxable income, and federal law does not 7 provide for the filing status of married filing separately 8 on a combined return, the bill repeals that filing status 9 option for Iowa tax purposes. Because net operating loss is 10 no longer calculated at the state level, the bill requires a 11 taxpayer to add back any federal net operating loss deduction 12 carried over from a taxable year beginning prior to the 2023 13 tax year, but allows taxpayers to deduct any remaining Iowa net 14 operating loss from a prior taxable year. The bill repeals the 15 individual alternative minimum tax (AMT), allows an individual 16 to claim any remaining AMT credit against the individual’s 17 regular tax liability for the 2023 tax year, and then repeals 18 the AMT credit in the tax year following the 2023 tax year. 19 The bill repeals most Iowa-specific deductions, exemptions, 20 and adjustments currently available when computing net income 21 and taxable income under Iowa law, including the Iowa optional 22 standard deduction and all itemized deductions, and the ability 23 to deduct federal income taxes, except for a one-year phase 24 out in the 2023 tax year for taxes paid, or refunds received, 25 that relate to a prior year. The bill maintains the add-back 26 for income from securities that are federally exempt but not 27 state-exempt, and for bonus depreciation amounts. The bill 28 maintains the general pension exclusion and the deduction 29 for income from federal securities. The bill maintains the 30 deduction for contributions to the Iowa 529 plan, the Iowa ABLE 31 plan, a first-time homebuyer savings account, and an individual 32 development account. The bill also maintains the deductions 33 for military pension income, military active duty pay, social 34 security retirement benefits, certain payments received for 35 -74- LSB 2832SV (1) 89 jm/jh 74/ 103
S.F. 619 providing unskilled in-home health care, certain amounts 1 received from the veterans trust fund, victim compensation 2 awards, biodiesel production refunds, certain wages paid 3 to individuals with disabilities or individuals previously 4 convicted of a felony, certain organ donations, and Segal 5 AmeriCorps education award payments. The bill modifies the 6 existing deduction for health insurance payments in Code 7 section 422.7(29) to make the deduction only applicable to 8 taxpayers who are at least 65 years old and who have net 9 income below $100,000. The bill also modifies the existing 10 capital gain deduction in Code section 422.7(21) to restrict 11 the deduction to the sale of real property used in farming 12 businesses by permitting the taxpayer to take the deduction 13 if either of the following apply: the taxpayer materially 14 participated in the farming business for at least 10 years and 15 held the real property for at least 10 years; or the taxpayer 16 sold the real property to a relative. The bill expands the 17 definition of “relative” to include an entity in which a 18 relative of the taxpayer has a legal or equitable interest in 19 the entity as an owner, member, partner, or beneficiary. The 20 bill provides a new deduction for any income of an employee 21 resulting from the payment by an employer, whether paid to 22 the employee or a lender, of principal or interest on the 23 employee’s qualified education loan. The bill also modifies 24 the calculation of net income for purposes of the alternate 25 tax calculation in Code section 422.5(3) and (3B), and the tax 26 return filing thresholds in Code section 422.13, to require 27 that any amount of itemized deduction, standard deduction, 28 personal exemption deduction, or qualified business income 29 deduction that was allowed in computing federal taxable income 30 shall be added back. 31 CORPORATE INCOME TAX AND FRANCHISE TAX CALCULATION. Under 32 current law, the starting point for calculating the corporate 33 income tax and franchise tax is federal taxable income before 34 the net operating loss deduction, because net operating loss is 35 -75- LSB 2832SV (1) 89 jm/jh 75/ 103
S.F. 619 calculated at the state level. The bill repeals the separate 1 calculation of net operating loss at the state level. As a 2 result, the bill requires taxpayers to add back any federal 3 net operating loss deduction carried over from a taxable year 4 beginning prior to the trigger year, but allows taxpayers to 5 deduct any remaining Iowa net operating loss from a prior 6 taxable year. The bill also repeals most Iowa-specific 7 deductions, exemptions, and adjustments currently available 8 when computing net income and taxable income under Iowa law. 9 The bill maintains the add-back for income from securities 10 that are federally exempt but not state exempt, and for bonus 11 depreciation amounts. The bill maintains the deductions for 12 income from federal securities, for foreign dividend and 13 subpart F income, for certain wages paid to individuals with 14 disabilities or individuals previously convicted of a felony, 15 and for biodiesel production refunds. 16 DIVISION II —— CHILD DEPENDENT AND DEVELOPMENT TAX CREDITS. 17 Currently, an individual may claim 30 percent of the federal 18 child and dependent care credit provided in section 21 of 19 the Internal Revenue Code against the individual income tax 20 if the individual’s net income is less than $45,000. Under 21 the bill, an individual may claim 30 percent of the federal 22 child and dependent care credit provided in section 21 of the 23 Internal Revenue Code against the individual income tax if the 24 individual’s net income is less than $90,000. 25 The bill increases the income threshold determining the 26 eligibility of a taxpayer for the early childhood development 27 tax credit. The bill increases the eligibility threshold from 28 a taxpayer whose net income is less than $45,000 per year to 29 less than $90,000 per year. By increasing the eligibility 30 threshold, taxpayers whose net income is less than $90,000 are 31 now eligible to take the early childhood development tax credit 32 equaling 25 percent of the first $1,000 which the taxpayer has 33 paid to others for early childhood development expenses for 34 each dependent ages three through five. 35 -76- LSB 2832SV (1) 89 jm/jh 76/ 103
S.F. 619 The division applies retroactively to tax years beginning on 1 or after January 1, 2021. 2 DIVISION III —— COVID-19 RELATED GRANTS —— TAXATION. The 3 bill excludes from the calculation of Iowa individual and 4 corporate income tax any qualifying COVID-19 grant issued to an 5 individual or business by the economic development authority, 6 the Iowa finance authority, or the department of agriculture 7 and land stewardship. 8 Under the bill, “qualifying COVID-19 grant” includes any 9 grant that was issued between March 17, 2020, and December 10 31, 2021, identified by the department by rule under a 11 grant program created to primarily provide COVID-19 related 12 financial assistance to economically impacted individuals and 13 businesses located in this state, and administered by the 14 economic development authority, Iowa finance authority, or the 15 department of agriculture and land stewardship. 16 Under current law, financial assistance grants provided to 17 small businesses by the economic development authority under 18 the Iowa small business COVID-19 relief grant program are 19 excluded from the calculation of Iowa individual and corporate 20 income tax. 21 The COVID-19 grant income tax exclusion provided in the bill 22 is repealed on January 1, 2024, and does not apply to tax years 23 beginning on or after that date. 24 The division takes effect upon enactment and applies 25 retroactively to March 17, 2020, for tax years ending on or 26 after that date. 27 DIVISION IV —— FEDERAL PAYCHECK PROTECTION PROGRAM. Under 28 current law, for the tax year 2020 and later, Iowa law fully 29 conforms with the federal treatment of forgiven paycheck 30 protection program loans and excludes such amounts from net 31 income and allows certain deductions for business expenses 32 paid using those loans. For fiscal-year filers who received 33 paycheck protection program loans during the 2019 tax year, 34 current law excludes such amounts from net income, but does 35 -77- LSB 2832SV (1) 89 jm/jh 77/ 103
S.F. 619 not allow certain deductions for business expenses paid using 1 those loans. The bill fully conforms with federal law for 2 those fiscal-year filers who previously were excluded from such 3 conformity and allows such filers to take business expense 4 deductions using federal paycheck protection program loan 5 proceeds that were forgiven. 6 The division takes effect upon enactment. 7 DIVISION V —— INSTALLMENT SALES —— CAPITAL GAINS. 8 Currently, the capital gain individual income tax deduction is 9 governed by Code section 422.7(21). The capital gain deduction 10 in Code section 422.7(21) is amended when the trigger occurs 11 in 2018 Iowa Acts, chapter 1161, section 113. The capital 12 gain deduction in 2018 Iowa Acts, chapter 1161, section 113, 13 was further amended by 2019 Iowa Acts, chapter 162. Division 14 I of the bill removes the triggers and specifies that 2018 15 Iowa Acts, chapter 1161, sections 99 through 132, take effect 16 January 1, 2023, including the changes to the capital gain 17 deduction mentioned above. The bill specifies that for 18 sales occurring on or after January 1, 2023, the capital gain 19 deduction is governed by 2019 Iowa Acts, chapter 162, and 20 for sales occurring prior to January 1, 2023, the capital 21 gain deduction is governed by existing law in Code section 22 422.7(21). 23 DIVISION VI —— STATE INHERITANCE TAX. The bill 24 simultaneously increases the size of an estate exempted from 25 the state inheritance tax and reduces the inheritance tax rates 26 retroactively to January 1, 2021. The bill then repeals the 27 state inheritance tax effective January 1, 2024, for property 28 of estates of decedents dying on or after January 1, 2024. 29 The bill increases the size of an estate exempt from the 30 state inheritance tax from $25,000 to $300,000 for decedents 31 dying on or after January 1, 2021, but before January 1, 2022, 32 from $300,000 to $600,000, for decedents dying on or after 33 January 1, 2022, but before January 1, 2023, and from $600,000 34 to $1 million, for decedents dying on or after January 1, 2023, 35 -78- LSB 2832SV (1) 89 jm/jh 78/ 103
S.F. 619 but before January 1, 2024. 1 For decedents dying on or after January 1, 2021, but before 2 January 1, 2022, the rates of tax applicable to the state 3 inheritance tax are reduced 25 percent. For decedents dying on 4 or after January 1, 2022, but before January 1, 2023, the rates 5 of tax applicable to the state inheritance tax are reduced 50 6 percent. For decedents dying on or after January 1, 2023, but 7 before January 1, 2024, the rates of tax applicable to the 8 state inheritance tax are reduced 75 percent. 9 For decedents dying on or after January 1, 2024, the 10 bill repeals the state inheritance tax and the qualified 11 use inheritance tax. The bill repeals Code chapters 450 12 (inheritance tax) and 450B (qualified use inheritance tax), 13 effective January 1, 2034, and directs the Code editor to 14 correct references in the Code and the Iowa Acts, to those Code 15 chapters. 16 The division takes effect upon enactment and applies 17 retroactively to decendents dying on or after January 1, 2021. 18 DIVISION VII —— HOUSING TRUST FUND. Under current law, 19 30 percent of the real estate transfer tax receipts paid by 20 county recorders to the treasurer of state are transferred to 21 the housing trust fund in any one fiscal year, subject to a $3 22 million cap; moneys in excess of the cap are deposited in the 23 general fund of the state. The bill increases the cap to $7 24 million. 25 DIVISION VIII —— HIGH QUALITY JOBS PROGRAM —— DAY CARE 26 CENTERS. The bill permits the economic development authority 27 to consider whether a proposed project under the high quality 28 jobs program will include a licensed child care center for use 29 by a business’s employees when determining the eligibility of 30 the business to participate in the program. 31 DIVISION IX —— INVESTMENT TAX CREDITS AND INNOVATION FUND 32 TAX CREDITS. Under current law, the authority must allocate $2 33 million to investments in qualifying businesses and $8 million 34 to equity investments in innovation funds (equity investments). 35 -79- LSB 2832SV (1) 89 jm/jh 79/ 103
S.F. 619 The bill limits the authority’s tax credit allocations for 1 investments in qualifying businesses and equity investments 2 to a maximum aggregate of $10 million. The bill requires the 3 authority to determine on or before June 30 of each fiscal 4 year the amount of tax credits to be allocated to each. In 5 addition, any amount of tax credits allocated and not awarded 6 in that fiscal year must be reallocated to either investments 7 in qualifying businesses or to equity investments for the next 8 fiscal year, and those tax credits do not count toward the 9 maximum aggregate of $10 million. This applies to tax credits 10 allocated on or after the fiscal year beginning July 1, 2021, 11 and for each fiscal year thereafter. 12 The bill modifies the maximum amount of an investment tax 13 credit that may be issued to a natural person and the person’s 14 spouse or dependent from a calendar year basis to a fiscal year 15 basis. The maximum amount of tax credits that may be issued 16 for equity investments in any one qualifying business is also 17 modified from a calendar year to a fiscal year. 18 This division of the bill is effective upon enactment. 19 DIVISION X —— TELEHEALTH —— MENTAL HEALTH PARITY. The 20 bill requires a health carrier to reimburse a health care 21 professional or a facility for health care services for a 22 mental health condition, illness, injury, or disease provided 23 to a covered person via telehealth on the same basis and at the 24 same rate as the health carrier would apply to the same health 25 care services provided to the covered person by the health 26 care professional or facility in person. “Health carrier” is 27 defined in the bill. 28 The bill amends the definition of “telehealth” to specify 29 that the delivery of health care services via telehealth must 30 include real-time interactive audio, video, or electronic 31 media, regardless of the location of the health care 32 professional or the covered person. 33 The bill prohibits a health carrier from requiring an 34 additional health care professional to be located in the same 35 -80- LSB 2832SV (1) 89 jm/jh 80/ 103
S.F. 619 room as a covered person while health care service for a mental 1 health condition, illness, injury, or disease are provided via 2 telehealth by another health care professional to the covered 3 person. 4 This division of the bill is effective upon enactment and 5 applies retroactively to health care services for a mental 6 health condition, illness, injury, or disease provided to a 7 covered person via telehealth on or after January 1, 2021. 8 DIVISION XI —— HIGH QUALITY JOBS AND RENEWABLE CHEMICAL 9 PRODUCTION TAX CREDITS. Division I reduces the maximum 10 amount of tax credits that the economic development authority 11 (authority) may allocate to the high quality jobs program for 12 the fiscal year beginning July 1, 2021, and for each fiscal 13 year thereafter, from $105 million to $70 million. The maximum 14 amount of tax credits that the authority may allocate to the 15 renewable chemical production tax credit program for the fiscal 16 year beginning July 1, 2021, and ending June 30, 2022, and for 17 each fiscal year thereafter is reduced from $10 million to $5 18 million. 19 DIVISION XII —— HIGH QUALITY JOBS —— ELIGIBILITY 20 REQUIREMENTS. To be eligible to receive incentives or 21 assistance under the high quality jobs program, a business 22 cannot be in the process of reducing operations in one 23 community while simultaneously apply for assistance under the 24 program. Under current law, a reduction in operations within 25 12 months before or after a business submits an application to 26 the high quality jobs program is presumed to be a reduction 27 in operations while simultaneously applying for assistance 28 under the program. Under the bill, the economic development 29 authority (authority) cannot presume that a reduction in 30 operations is a reduction while simultaneously applying for 31 assistance under the program with regard to a business that 32 submits an application on or before June 30, 2022, if the 33 business demonstrates to the satisfaction of the authority that 34 the reduction in operations occurred after March 1, 2020, and 35 -81- LSB 2832SV (1) 89 jm/jh 81/ 103
S.F. 619 that it was a result of the COVID-19 pandemic. The authority 1 must consider whether the benefit of the project proposed by 2 the business outweighs any negative impact related to the 3 reduction in operations. The business remains subject to all 4 other eligibility requirements. This division of the bill is 5 repealed July 1, 2022. 6 DIVISION XIII —— MANUFACTURING 4.0. The division 7 establishes the manufacturing 4.0 technology investment 8 program (program) and creates the manufacturing 4.0 technology 9 investment fund (fund). “Manufacturing 4.0 technology 10 investments” (investments) is defined as projects that are 11 intended to lead to the adoption of, and integration of, smart 12 technologies into existing manufacturing operations located 13 in the state by mitigating the risk to the manufacturer of 14 significant technology investments. Projects may include 15 investments in specialized hardware, software, or other 16 equipment intended to assist a manufacturer in increasing the 17 manufacturer’s productivity, efficiency, and competitiveness. 18 The fund may be administered as a revolving fund and may 19 consist of any moneys appropriated for purposes of the program 20 and any other moneys that are lawfully available to the 21 authority. The authority must use moneys in the fund to award 22 financial assistance to eligible manufacturers for investments. 23 Financial assistance may include but is not limited to 24 grants, loans, and forgivable loans. The requirements for a 25 manufacturer to be eligible for financial assistance under the 26 program are outlined in the bill. 27 Eligible manufacturers must submit an application to the 28 program in the manner prescribed by the economic development 29 authority (authority) by rule. The authority may accept 30 applications during one or more application periods during a 31 fiscal year as determined by the authority. All completed 32 applications must be reviewed and scored on a competitive basis 33 pursuant to rules adopted by the authority. The authority may 34 engage an outside technical review panel (panel) to complete a 35 -82- LSB 2832SV (1) 89 jm/jh 82/ 103
S.F. 619 technical review of applications. The authority board members 1 appointed by the governor must review the recommendations 2 of the authority and of the panel, if applicable, and 3 shall approve, defer, or deny each application. In making 4 recommendations to the board, the authority and the panel must 5 consider the factors detailed in the bill. 6 The board cannot approve an application for financial 7 assistance for an investment that was made prior to the date 8 of the application. 9 The maximum amount of financial assistance awarded to an 10 eligible manufacturer under the program cannot exceed $75,000. 11 The authority must adopt rules as necessary to implement and 12 administer the program. 13 DIVISION XIV —— ENERGY INFRASTRUCTURE REVOLVING LOAN 14 PROGRAM. The division modifies Code section 476.46, alternate 15 energy revolving loan program, to prohibit the Iowa energy 16 center from initiating any new loans after June 30, 2021. The 17 division also requires that all loan payments received after 18 June 30, 2021, be deposited, and any moneys remaining in the 19 alternate energy revolving loan fund after June 30, 2021, 20 be transferred, to the newly created energy infrastructure 21 revolving loan fund. 22 The division creates an energy infrastructure revolving 23 fund (fund) in the office of the treasurer of state to be 24 administered by the Iowa energy center (center). Moneys in 25 the fund are to be used to provide financial assistance for 26 the development and construction of energy infrastructure, 27 including projects that support electric or gas generation 28 transmission, storage, or distribution; electric grid 29 modernization; energy-sector workforce development; emergency 30 preparedness for rural and underserved areas; the expansion 31 of biomass, biogas, and renewable natural gas; innovative 32 technologies; and the development of infrastructure for 33 alternative fuel vehicles. “Energy infrastructure” is defined 34 as land, buildings, physical plant and equipment, and services 35 -83- LSB 2832SV (1) 89 jm/jh 83/ 103
S.F. 619 directly related to the development of projects used for, 1 or useful for, electricity or gas generation, transmission, 2 storage, or distribution. “Financial assistance” is also 3 defined in the bill. 4 The center is required to establish and administer an energy 5 infrastructure revolving loan program (program) to encourage 6 the development of energy infrastructure within the state. An 7 individual, business, rural electric cooperative, or municipal 8 utility located and operating in this state is eligible for 9 financial assistance under the program. With the approval 10 of the center’s governing board, the economic development 11 authority (authority) must determine the amount and the terms 12 of all financial assistance awarded to an individual, business, 13 rural electric cooperative, or municipal utility under the 14 program. All agreements and administrative authority are 15 vested in the center’s governing board. The authority may 16 use not more than 5 percent of the moneys in the fund at the 17 beginning of each fiscal year for purposes of administrative 18 costs, marketing, technical assistance, and other program 19 support. 20 DIVISION XV —— WORKFORCE HOUSING TAX INCENTIVES. Code 21 section 15.119 sets an aggregate tax credit amount limit for 22 certain economic development programs. Under current law, the 23 workforce housing tax incentives program administered under 24 Code sections 15.351 through 15.356 shall not be allocated 25 more than $25 million in tax credits, and of the tax credits 26 allocated to this program, $10 million is reserved for 27 allocation to qualified housing projects in small cities. 28 This division increases the workforce housing tax credit 29 allocations from $25 million to $40 million for FY 2021-2022. 30 Of the moneys allocated to workforce housing tax credits in 31 FY 2021-2022, the bill increases the tax credits reserved for 32 qualified housing projects in small cities from $10 million 33 to $12 million. The bill decreases the workforce housing tax 34 credit from $40 million to $35 million in FY 2022-2023. Of 35 -84- LSB 2832SV (1) 89 jm/jh 84/ 103
S.F. 619 the moneys allocated to workforce housing tax credits in FY 1 2022-2023, the bill increases the tax credits allocated to 2 small cities from $12 million to $15 million, and reserves $5 3 million of the tax credits for qualified housing projects in 4 areas of the state with the largest wait list or greatest need 5 as determined by the authority. Beginning with FY 2023-2024 6 and each fiscal year thereafter, the bill sets the workforce 7 housing tax credit allocations at $30 million, of which $15 8 million shall be reserved for small cities. 9 Currently, upon completion of a housing project, a housing 10 business (housing developer, contractor, or nonprofit that 11 completes a housing project) submits an examination of the 12 project in accordance with the American institute of certified 13 public accountants to the authority. In addition to an 14 examination by certified public accountants, the bill requires 15 the housing business to submit the following to the authority 16 upon completion of a housing project: a statement of the 17 final amount of the qualifying new investment for the housing 18 project and any information the authority deems necessary to 19 ensure compliance with the agreement between the authority and 20 the housing business including any rules the authority and the 21 department of revenue adopt pursuant to Code section 15.356. 22 The bill also requires the authority to review the information 23 submitted by the housing business prior to notifying the 24 housing business of tax incentive awards. 25 The bill permits the authority to establish a disaster 26 housing recovery period following the declaration of a major 27 disaster by the president of the United States. Currently, the 28 authority may accept applications for disaster recovery housing 29 projects on a continuous basis. 30 Moneys available for the program may consist of moneys 31 appropriated for use in the program, and any other moneys that 32 are lawfully available to the economic development authority, 33 including moneys transferred or deposited from other funds 34 created pursuant to Code section 15.106A(1)(o). 35 -85- LSB 2832SV (1) 89 jm/jh 85/ 103
S.F. 619 DIVISION XVI —— BROWNFIELDS AND GRAYFIELDS. Current law 1 provides that the economic development authority (authority) 2 may allocate not more than $10 million in tax credits in 3 a fiscal year to the brownfield redevelopment program 4 (brownfields). The bill increases the maximum allocation of 5 tax credits to the brownfields program from $10 million to 6 $15 million. The bill provides that tax credits that are not 7 awarded or that are revoked (including revoked within the 8 previous five years) under brownfields may be awarded during 9 the next annual application period, and those tax credits do 10 not count against the tax credit maximum. Under current law, 11 Code section 15.293A, redevelopment tax credits, is repealed 12 on June 30, 2021. The division changes the repeal date to June 13 30, 2031, and the repeal date is effective upon enactment of 14 the division. Under current law, Code section 15.293B, related 15 to the application, review, registration, and authorization of 16 projects awarded tax credits under brownfields, is repealed on 17 June 30, 2021. The division changes the repeal date to June 18 30, 2031, and the repeal date is effective upon enactment of 19 the division. 20 DIVISION XVII —— DOWNTOWN LOAN GUARANTEE PROGRAM. The bill 21 creates a downtown loan guarantee program to be administered 22 by the economic development authority and the Iowa finance 23 authority. The purpose of the program is to encourage downtown 24 businesses and banks to reinvest and reopen following the 25 COVID-19 pandemic. 26 In order for a loan to be guaranteed under the program, 27 numerous conditions apply, including the following: the loan 28 finances an eligible downtown resources center community 29 catalyst building remediation grant project or main street 30 Iowa challenge grant within a designated district; the loan 31 finances a rehabilitation project or acquisition or refinancing 32 costs associated with the project; 25 percent of the project 33 cost is used for construction on the project or renovation; 34 the financed project includes a housing component; the loan is 35 -86- LSB 2832SV (1) 89 jm/jh 86/ 103
S.F. 619 used for the construction or permanent financing of a project; 1 a federally insured financial lending institution issued the 2 loan; the loan does not reimburse the borrower for working 3 capital or operations; and the project meets certain design 4 reviews. 5 The bill requires the loan to be secured by a mortgage 6 against the project property, prohibits the loan guarantee to 7 be transferred, and charges the lender an annual loan guarantee 8 fee as set forth by rule. 9 The bill limits the amount of the loan guarantee as follows: 10 for a loan amount of less than or equal to $500,000, the loan 11 guarantee shall not exceed 50 percent of the loan; for a 12 loan amount greater than $500,000, the economic development 13 authority may provide a maximum loan guarantee of up to 14 $250,000. 15 The economic development authority may guarantee the loan 16 for up to five years, which may be extended by the authority 17 for an additional five years. The authority may also deny a 18 loan guarantee for any unreasonable bank loan fees or interest 19 rate. 20 In the event of a loss due to default, the bill requires the 21 loan guarantee to proportionally pay the guarantee percentage 22 of the loss to the lender. 23 Moneys available for the program may consist of moneys 24 appropriated for use in the program, and any other moneys that 25 are lawfully available to the economic development authority, 26 including moneys transferred or deposited from other funds 27 created pursuant to Code section 15.106A(1)(o). 28 DIVISION XVIII —— DISASTER RECOVERY ASSISTANCE PROGRAM. The 29 bill creates a disaster recovery housing assistance program and 30 fund. 31 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— TRANSFERS. 32 The bill permits the authority to transfer unobligated moneys 33 in Code section 16.46 (senior living revolving loan program 34 fund), 16.47 (home and community-based services revolving loan 35 -87- LSB 2832SV (1) 89 jm/jh 87/ 103
S.F. 619 program fund), 16.48 (transitional housing revolving loan 1 program fund), or 16.49 (community housing and services for 2 persons with disabilities revolving loan program fund) to the 3 disaster recovery housing assistance fund created in the bill. 4 After the prior written consent and approval of the 5 governor, the bill permits the executive director of the Iowa 6 finance authority to transfer any unobligated moneys in any 7 fund created pursuant to Code section 16.5(1)(s), for deposit 8 in the fund. The bill waives the prior written consent and 9 approval of the director of the department of management to 10 transfer the unobligated moneys. 11 After prior written approval of the governor, the bill 12 permits the director of the Iowa economic development authority 13 to transfer any unobligated and unencumbered moneys in any fund 14 created pursuant to Code section 15.106A(1)(o), for deposit in 15 the fund. 16 The bill requires any transfer to be reported to the 17 legislative fiscal committee of the legislative council on a 18 monthly basis. 19 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— FUND. The 20 bill creates a disaster recovery housing assistance fund 21 (fund) within the authority. The purpose of the fund is for 22 the development and operation of a forgivable loan and grant 23 program for homeowners and renters with disaster-affected 24 homes, and for an eviction prevention program created in the 25 bill. The bill prohibits the authority from using more than 26 5 percent of the moneys in the fund on July 1 of a fiscal year 27 for purposes of administrative costs and other program support 28 during the fiscal year. 29 The bill directs the authority to establish and administer 30 a disaster recovery assistance program (program) and to 31 use the moneys in the fund to provide forgivable loans to 32 eligible homeowners and grants to eligible renters with 33 disaster-affected homes. “Disaster-affected home” is defined 34 in the bill as a primary residence that is destroyed or damaged 35 -88- LSB 2832SV (1) 89 jm/jh 88/ 103
S.F. 619 due to a natural disaster that occurs on or after the effective 1 date of the division, and that is located in a county that due 2 to the natural disaster is the subject of a state of disaster 3 emergency proclamation by the governor that authorizes disaster 4 recovery housing assistance. 5 The authority may enter into an agreement with one or 6 more local program administrators to administer the program 7 and moneys in the fund may be expended following a state of 8 disaster emergency proclamation by the governor that authorizes 9 disaster recovery housing assistance or the eviction prevention 10 program. “Local program administrator” is defined in the bill 11 as cities of Ames, Cedar Falls, Cedar Rapids, Council Bluffs, 12 Davenport, Des Moines, Dubuque, Iowa City, Waterloo, and West 13 Des Moines; a council of governments whose territory includes 14 at least one county that is the subject of the state of 15 disaster emergency proclamation by the governor that authorizes 16 disaster recovery housing assistance or the eviction prevention 17 program; a community action agency as defined in Code section 18 216A.91 and whose territory includes at least one county that 19 is the subject of the state of disaster emergency proclamation 20 by the governor that authorizes disaster recovery housing 21 assistance or the eviction prevention program; or a qualified 22 local organization or governmental entity as determined by rule 23 by the authority. 24 To be considered for a forgivable loan or grant under the 25 program, the homeowner or renter must register for the disaster 26 case management program established pursuant to Code section 27 29C.20B. The disaster case manager may refer the homeowner or 28 renter to the appropriate local program administrator. 29 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— HOMEOWNERS. 30 To be eligible for a forgivable loan under the program, 31 the bill requires a homeowner to own a disaster-affected 32 home located in a county that has been proclaimed a state 33 of disaster emergency by the governor; the home must have 34 sustained damage greater than the damage that is covered by the 35 -89- LSB 2832SV (1) 89 jm/jh 89/ 103
S.F. 619 homeowner’s property and casualty insurance policy insuring 1 the home plus any other state or federal disaster-related 2 financial assistance that the homeowner is eligible to receive; 3 an official must deem the home suitable for rehabilitation or 4 damaged beyond reasonable repair; if the homeowner is seeking 5 a forgivable loan for the repair or rehabilitation of the 6 homeowner’s disaster-affected home, the home cannot be proposed 7 for buyout by the county or city in which the home is located, 8 or the disaster-affected home is eligible for a buyout, but 9 the homeowner is requesting a forgivable loan for the repair 10 or rehabilitation of the homeowner’s disaster-affected home 11 in lieu of a buyout; and the assistance does not duplicate 12 benefits provided by other disaster assistance programs. 13 If a homeowner is referred to an administrator by the 14 homeowner’s case manager, the bill allows the authority to 15 award a forgivable loan to the eligible homeowner for repair 16 or rehabilitation of the disaster-affected home, or for down 17 payment assistance on the purchase of replacement housing, 18 and the cost of reasonable repairs to be performed on the 19 replacement housing to render it decent, safe, sanitary, and 20 in good repair. Replacement housing purchased by a homeowner 21 cannot be located in a 100-year floodplain. “Decent, safe, 22 sanitary, and in good repair” is defined in the bill to mean 23 the same as described in 24 C.F.R. §5.703. “Replacement 24 housing” is defined in the bill as housing purchased by a 25 homeowner to replace a disaster-affected home that is destroyed 26 or damaged beyond reasonable repair as determined by a local 27 program administrator. 28 The authority shall determine the interest rate for the 29 forgivable loan. 30 If a homeowner who has been awarded a forgivable loan sells 31 a disaster-affected home or replacement housing for which the 32 homeowner received the forgivable loan prior to the end of the 33 loan term, the remaining principal on the forgivable loan shall 34 be due and payable. 35 -90- LSB 2832SV (1) 89 jm/jh 90/ 103
S.F. 619 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— RENTERS. 1 To be eligible for a grant under the program, the bill 2 requires the local program administrator to either deem 3 the disaster-affected home of the renter suitable for 4 rehabilitation but unsuitable for current short-term 5 habitation, or damaged beyond reasonable repair; and the 6 assistance does not duplicate benefits provided by any other 7 disaster assistance program. 8 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— REPORT. The 9 bill requires the authority to annually submit a report to 10 the general assembly detailing the disaster recovery housing 11 assistance program. 12 EVICTION PREVENTION PROGRAM. The bill requires the 13 authority to establish and administer an eviction prevention 14 program. Under the eviction prevention program, the authority 15 awards grants from the disaster recovery housing assistance 16 fund to eligible renters and eviction prevention partners. 17 Grants may be awarded upon a state of disaster emergency 18 proclamation by the governor that authorizes the eviction 19 prevention program. The bill defines “eligible renter” to mean 20 a renter whose income meets the qualifications of the program, 21 who is at risk of eviction, and who resides in a county that 22 is the subject of a state of disaster emergency proclamation 23 by the governor that also authorizes the eviction prevention 24 program. The bill defines “eviction prevention partner” to 25 mean a qualified local organization or governmental entity as 26 determined by rule by the authority. 27 The bill requires grants awarded to eligible renters to be 28 used for short-term financial rent assistance to keep eligible 29 renters in the current residence of the renter. Grants awarded 30 to eviction prevention partners are to be used to pay for rent 31 or services provided to eligible renters for the purpose of 32 preventing the eviction of eligible renters. 33 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— RULES. The 34 authority shall adopt rules pursuant to Code chapter 17A to 35 -91- LSB 2832SV (1) 89 jm/jh 91/ 103
S.F. 619 implement and administer the program including establishing 1 the maximum forgivable loan and grant amounts, the terms of 2 forgivable loans, and income qualifications of eligible renters 3 in the eviction prevention program. 4 EFFECTIVE DATE. The division takes effect upon enactment. 5 DIVISION XIX —— BONUS DEPRECIATION. Currently, when a 6 business buys equipment and other capital assets, the business 7 is allowed to deduct a portion of the cost of such property 8 as depreciation over a certain period for federal and state 9 individual or corporate income tax purposes. Federal taxpayers 10 are allowed to immediately deduct a higher portion of the cost 11 of such property by claiming additional first-year depreciation 12 (bonus depreciation). Iowa has recently adopted “rolling 13 conformity” with federal tax law but did not conform with 14 federal bonus depreciation provisions, meaning a taxpayer 15 deducts the cost of the equipment or other capital assets by 16 claiming depreciation over a longer time period for Iowa income 17 tax purposes. The bill applies retroactively by conforming 18 Iowa tax provisions with federal bonus depreciation provisions 19 for equipment or other capital assets placed in service on or 20 after January 1, 2021, for tax years beginning on or after 21 that date. By conforming with federal bonus depreciation 22 provisions for tax years beginning on or after January 1, 2021, 23 Iowa automatically conforms with the federal limitation on 24 business interest expense deductions in Code sections 422.7(60) 25 and 422.35(27). Currently, if a taxpayer does not claim 26 “bonus depreciation”, Iowa does not conform with the federal 27 limitation on business expenses. 28 DIVISION XX —— BEGINNING FARMER TAX CREDIT. The bill 29 provides for the participation of an eligible taxpayer 30 (taxpayer) and qualified beginning farmer (beginning farmer) 31 in the beginning farmer tax credit program (program) (Code 32 section 16.81(4)). Under the program, a tax credit is awarded 33 to a taxpayer who transfers agricultural assets to a beginning 34 farmer by agricultural lease agreement (agreement). The 35 -92- LSB 2832SV (1) 89 jm/jh 92/ 103
S.F. 619 transferred agricultural assets include agricultural land and 1 improvements, as well as depreciable agricultural property. 2 The agreement must be approved by the Iowa finance authority 3 (authority) (Code section 16.79A) who issues a tax credit 4 certificate to the taxpayer on an annual basis for the period 5 of the agreement (Code section 16.81). 6 LEASE OF AGRICULTURAL LAND WHICH INCLUDES IMPROVEMENTS 7 (BUILDINGS). The bill provides that the agreement may provide 8 for lease of any size parcel of agricultural land and an 9 improvement such as a building (amended Code section 16.58(1), 10 (2), and (3)). The principal agricultural asset transferred in 11 the agreement may be agricultural land or a building or other 12 structure used in farming (amended Code section 16.79A(1)). 13 PARTICIPATION IN THE PROGRAM —— FROM 10 TO 15 YEARS. 14 The bill increases from 10 to 15 the number of years that 15 a taxpayer may participate in the program. (amended Code 16 section 16.79A(3)). The extended years of participation 17 apply retroactively to a taxpayer previously approved by the 18 authority to participate in the program (amendment Code section 19 16.82(5)). 20 PARTICIPATION IN THE PROGRAM —— TAX CREDIT CERTIFICATES 21 AND AWARDS. The bill provides that a taxpayer may claim 22 multiple tax credits under the program (amended Code sections 23 16.79A(3) and 16.81(6)) so long as each tax credit is based 24 on an agreement approved by the authority (amended Code 25 section 16.81(6)). It also provides that the current $50,000 26 limitation on tax credits that can be claimed by a taxpayer 27 applies to each rather than all such agreements (amended Code 28 section 16.82(5)). 29 BACKGROUND. Generally, in order to qualify as a beginning 30 farmer, a person must have a low or moderate net worth, be able 31 to successfully engage in farming, and promise to materially 32 participate in the farming operation (Code sections 16.58(6) 33 and (10), and 16.79(2)). The amount of the tax credit depends 34 upon the type of payment arrangement provided in the agreement, 35 -93- LSB 2832SV (1) 89 jm/jh 93/ 103
S.F. 619 including a fixed amount (5 percent of cash rent payment) or 1 some form or risk-sharing between the parties (15 percent of 2 the market price of the commodity produced on the leasehold). 3 A taxpayer may claim the tax credit in the applicable tax year 4 up to the taxpayer’s liability. Any amount of the unused tax 5 credit may be applied to reduce the taxpayer’s liability for 6 each of the following 10 years until depleted, whichever comes 7 first; and cannot be refunded (Code section 16.82(7)). 8 EFFECTIVE DATE. The division takes effect on January 1, 9 2022. 10 DIVISION XXI —— MENTAL HEALTH FUNDING. This division of the 11 bill relates to mental health and disability services funding. 12 The bill creates a mental health and disability services 13 regional service fund under the authority of the department of 14 human services. For each fiscal year beginning on or after 15 July 1, 2021, the bill appropriates from the general fund 16 of the state to the mental health and disability services 17 regional service fund an amount necessary to make all regional 18 service payments for that fiscal year. The moneys available 19 in a fiscal year in the mental health and disability services 20 regional service fund, except as specified in the bill, 21 are appropriated to the department of human services for 22 distribution to each mental health and disability services 23 region on a per capita basis calculated using each region’s 24 population for that fiscal year and in accordance with 25 performance-based contracts with each region. The amount 26 of each region’s regional service payment is as follows: 27 (1) for the fiscal year beginning July 1, 2021, an amount 28 equal to the product of $15.86 multiplied by the sum of the 29 region’s population for the fiscal year; (2) for the fiscal 30 year beginning July 1, 2022, an amount equal to the product of 31 $38 multiplied by the sum of the region’s population for the 32 fiscal year; (3) for the fiscal year beginning July 1, 2023, 33 an amount equal to the product of $40 multiplied by the sum of 34 the region’s population for the fiscal year; (4) for the fiscal 35 -94- LSB 2832SV (1) 89 jm/jh 94/ 103
S.F. 619 year beginning July 1, 2024, an amount equal to the product of 1 $42 multiplied by the sum of the region’s population for the 2 fiscal year; and (5) for each fiscal year beginning on or after 3 July 1, 2025, an amount equal to the product of the sum of the 4 region’s population for the fiscal year multiplied by the sum 5 of the dollar amount used to calculate the regional service 6 payments for the immediately preceding fiscal year plus the 7 regional service growth factor for the fiscal year. The bill 8 defines “regional service growth factor” for a fiscal year to 9 be an amount equal to the product of the dollar amount used to 10 calculate the regional service payments for the immediately 11 preceding fiscal year multiplied by the percent increase, if 12 any, in the amount of sales tax revenue deposited into the 13 general fund of the state between the fiscal year beginning 14 three years prior to the applicable fiscal year and the fiscal 15 year beginning two years prior to the applicable year, but not 16 to exceed 1.5 percent. 17 Regional service payments received by a region are paid in 18 quarterly installments and shall be deposited in the region’s 19 combined account under Code section 331.391 and used solely 20 for providing mental health and disability services under the 21 regional service system management plan. 22 Under the bill, each mental health and disability services 23 region for which the region’s cash flow amount certified 24 exceeds a specified percentage of certain actual expenditures 25 of the region, the remaining quarterly payments of the region’s 26 regional service payment are reduced by an amount equal to 27 the amount by which the region’s cash flow amount certified 28 exceeds the specified percentage of the actual expenditures 29 of the region, but the reduction amount shall not exceed the 30 total amount of the region’s regional service payment for the 31 fiscal year. If the region’s remaining quarterly payments are 32 insufficient to effectuate the required reductions, the region 33 is required to pay to the department of human services any 34 amount for which the reduction in quarterly payments could not 35 -95- LSB 2832SV (1) 89 jm/jh 95/ 103
S.F. 619 be made. 1 The amount of reductions to quarterly payments and amounts 2 paid to the department of human services as the result of a 3 region’s certified cash flow amounts shall be transferred and 4 credited to the region incentive fund created in the bill. 5 The bill also establishes an incentive fund in the mental 6 health and disability services regional service fund to provide 7 funding to mental health and disability services regions 8 meeting certain eligibility criteria. The incentive fund 9 consists of moneys appropriated or credited to the incentive 10 fund by law. The bill appropriates $9,960,590 from the general 11 fund of the state to the incentive fund for the fiscal year 12 beginning July 1, 2021. The bill appropriates $5,107,340 13 from the general fund of the state to the incentive fund for 14 the fiscal year beginning July 1, 2022. For each fiscal year 15 beginning on or after July 1, 2025, the bill appropriates an 16 amount equal to the incentive fund growth factor multiplied by 17 the ending balance of the incentive fund at the conclusion of 18 a specified fiscal year. The “incentive fund growth factor” 19 for each fiscal year is the percent increase, if any, in the 20 amount of sales tax revenue deposited into the general fund of 21 the state between the fiscal year beginning three years prior 22 to the applicable fiscal year and the fiscal year beginning two 23 years prior to the applicable year, minus 1.5 percent. The 24 incentive fund growth factor for any fiscal year may not exceed 25 3.5 percent. 26 A regional administrator must apply to the department of 27 human services for funding from the incentive fund. The 28 purpose of the funding shall be to provide appropriate 29 financial incentives for outcomes met from services provided 30 by the regional administrator’s mental health and disability 31 services region. The department may accept or reject an 32 application for assistance in whole or in part. The decision 33 of the department is final. 34 The bill specifies that incentive funding shall only be made 35 -96- LSB 2832SV (1) 89 jm/jh 96/ 103
S.F. 619 available to address one or more specified circumstances and 1 subject to certain eligibility criteria. 2 The department shall make its final decisions on or 3 before December 15 regarding acceptance or rejection of 4 the applications for incentive funding and the total amount 5 accepted shall be considered obligated. 6 Current Code section 331.424A authorizes each county to 7 certify a property tax levy for payment of mental health and 8 disability services within the mental health and disability 9 services regional system. To coincide with the appropriation 10 and payment of mental health and disability services regional 11 service payments directly to the regions or to exempted 12 counties, the bill ends the authority for such a property tax 13 levy starting with the fiscal year beginning July 1, 2022. 14 Additionally, upon conclusion of the fiscal year beginning July 15 1, 2021, the county treasurer shall transfer the remaining 16 balance of the county’s county services fund to the county’s 17 region to which the county belongs in the fiscal year beginning 18 July 1, 2022, for deposit in the region’s combined account 19 under Code section 331.391. The bill also modifies provisions 20 relating to the transferring of funds of the county to the 21 combined account of a mental health and disability services 22 region. 23 For each county for which the amount of taxes certified 24 for levy for the purposes of Code section 331.424A for the 25 fiscal year beginning July 1, 2021, exceeds the product 26 of the population of the county multiplied by $21.14, the 27 department of management shall reduce the amount of such taxes 28 certified for levy to an amount not to exceed the product of 29 the population of the county multiplied by $21.14 and shall 30 revise the rate of taxation as necessary to raise the reduced 31 amount. The department of management is required to report 32 the reduction in the certified taxes and the revised rate of 33 taxation to the county auditors by June 15, 2021. 34 In order to timely implement the provisions of the bill 35 -97- LSB 2832SV (1) 89 jm/jh 97/ 103
S.F. 619 establishing the incentive fund for mental health and 1 disability services regions for the fiscal year beginning 2 July 1, 2021, and the fiscal year beginning July 1, 2022, the 3 director of human services is required to establish alternative 4 application deadlines and expedited application review and 5 approval timelines. 6 The bill provides that the department of human services 7 may adopt emergency rules to implement the provisions of this 8 division of the bill. 9 This division of the bill takes effect upon enactment. 10 DIVISION XXII —— PROPERTY TAX REPLACEMENT PAYMENTS. Current 11 Code section 441.21A establishes and appropriates amounts from 12 the general fund of the state for commercial and industrial 13 property tax replacement claims. Such claims are calculated 14 by the department of revenue based on the difference between 15 the actual value and assessed value of all commercial and 16 industrial property in each taxing district in the state. 17 Current law appropriates an amount necessary for the payment 18 of all commercial and industrial property tax replacement 19 claims for each fiscal year beginning on or after July 1, 20 2014, subject to a maximum total appropriation for fiscal 21 years beginning on or after July 1, 2017, of the total 22 amount necessary for the payment of replacement claims in the 23 fiscal year beginning July 1, 2016. The bill eliminates the 24 appropriation for fiscal years beginning on or after July 1, 25 2029, and specifies that the maximum total appropriation for 26 the fiscal years beginning on or after July 1, 2022, but before 27 July 1, 2029, shall not exceed the total amount necessary for 28 the payment of replacement claims in the fiscal year. 29 The bill modifies the methodology for calculating and 30 apportioning commercial and industrial property tax replacement 31 claims for fiscal years beginning on or after July 1, 2022, 32 but before July 1, 2029. The bill requires such claims to be 33 calculated based on taxing authorities, as defined in the bill, 34 instead of taxing districts as is required under current law. 35 -98- LSB 2832SV (1) 89 jm/jh 98/ 103
S.F. 619 The amount of each taxing authority’s replacement claim is 1 determined based on specified fractions of the amount received 2 by the taxing authority under Code section 441.21A for the 3 fiscal year beginning July 1, 2021, and whether the taxing 4 authority is a qualified taxing authority. The specified 5 fractions are reduced over the period of fiscal years beginning 6 July 1, 2022, and ending June 30, 2029, in the case of a 7 qualified taxing authority, and ending June 30, 2026, in the 8 case of a taxing authority that is not a qualified taxing 9 authority. Under the bill, a taxing authority that is eligible 10 to continue to receive commercial and industrial property 11 tax replacement payments includes a city, county, community 12 college, or other governmental entity or political subdivision 13 in this state authorized to certify a levy on property located 14 within such authority, but does not include a school district. 15 A qualified taxing authority is either a taxing authority that 16 is not a city or a county or a taxing authority that is a city 17 or a county in which the total assessed value as of January 18 1, 2019, of specified taxable property located in the taxing 19 authority is less than 131.24 percent of the total assessed 20 value as of January 1, 2012, of specified taxable property 21 located in the taxing authority. 22 The bill requires each taxing authority’s property tax 23 replacement claim payment for fiscal years beginning on or 24 after July 1, 2022, but before July 1, 2029, to be apportioned 25 and credited by the governing body of the taxing authority 26 among the taxing authority’s tax levies in the same proportion 27 that each property tax levy bears to the total of all property 28 tax levies imposed by the taxing authority for the fiscal year 29 for which the payment is received. The bill also establishes 30 requirements for the apportionment of amounts allocated to 31 property tax levies that are subject to a division of taxes 32 under Code section 403.19 (tax increment financing). 33 Under current law, the legislative tax expenditure committee 34 established under Code section 2.48 is required to review 35 -99- LSB 2832SV (1) 89 jm/jh 99/ 103
S.F. 619 the commercial and industrial property tax replacement claim 1 expenditures. The bill eliminates that required periodic 2 review. 3 DIVISION XXIII —— SCHOOL FOUNDATION PERCENTAGE. For 4 purposes of calculating state foundation aid received by 5 school districts under Code chapter 257, the regular program 6 foundation base per pupil is 87.5 percent of the regular 7 program state cost per pupil. The bill increases that 8 percentage to 88.4 percent for school budget years beginning on 9 or after July 1, 2022. 10 The division takes effect July 1, 2022. 11 DIVISION XXIV —— PUBLIC EDUCATION AND RECREATIONAL TAX LEVY. 12 Code chapter 300 authorizes the imposition of a voter-approved 13 property tax levy for the establishment and maintenance 14 of public recreation places and playgrounds, and necessary 15 accommodations for the recreation places and playgrounds, in 16 the public school buildings and grounds of the district. Code 17 chapter 300 also authorizes each school board to cooperate 18 with public or private agencies having custody and management 19 of public parks or buildings or grounds open to the public 20 for the supervision and instruction necessary to carry on 21 public educational and recreational activities in the parks, 22 buildings, and grounds located within the district. Such 23 activities may be supported by imposition of a voter-approved 24 property tax levy not to exceed $0.13 and one-half cents per 25 $1,000 of assessed value. The property tax levy under Code 26 chapter 300 also provides financial support to community 27 education programs established under Code chapter 276, 28 which provide educational, recreational, cultural, and other 29 community services and programs. 30 The bill repeals Code chapter 300 and makes corresponding 31 amendments to other provisions of law effective July 1, 2024, 32 and applies to fiscal years beginning on or after July 1, 33 2024. The bill provides that financial support for a community 34 education program under Code chapter 276 may be provided from 35 -100- LSB 2832SV (1) 89 jm/jh 100/ 103
S.F. 619 funds received by the school district under Code chapter 423F. 1 By operation of the definition of “school infrastructure” under 2 Code section 423F.3(6)(a)(1), moneys received by a school 3 district from the secure an advanced vision for education fund 4 may continue to be utilized for activities previously provided 5 for under Code chapter 300 and Code chapter 276. 6 The bill prohibits a levy under Code chapter 300 from being 7 approved at election on or after the effective date of this 8 division of the bill and limits the rate at which previously 9 approved levies can be imposed for the fiscal year beginning 10 July 1, 2023. 11 The bill also provides that moneys available in the public 12 education and recreation levy fund at the conclusion of the 13 fiscal year beginning July 1, 2023, and ending June 30, 2024, 14 shall be expended by the school corporation for the purposes 15 authorized under chapter 300, Code 2021. 16 DIVISION XXV —— ELDERLY PROPERTY TAX CREDIT. This division 17 of the bill modifies the eligibility for and the calculation of 18 the amount of the property tax credit for persons ages 70 and 19 older under Code chapter 425, subchapter II. 20 Under the bill, a person filing a claim for the property tax 21 credit who is at least 70 years of age and who has a household 22 income of less than 250 percent of the federal poverty level 23 is eligible to receive a credit against property taxes due on 24 the claimant’s homestead. For such a claimant, the tentative 25 credit amount is equal to the greater of the following: (1) 26 the amount of the credit as calculated under the schedule 27 of credit amounts specified in Code section 425.23(1)(a) as 28 if the claimant was an eligible claimant for a credit under 29 that provision; and (2) the difference between the actual 30 amount of property taxes due on the homestead during the 31 applicable fiscal year minus the actual amount of property 32 taxes due on the homestead based on a full assessment during 33 the first fiscal year for which the claimant filed for a credit 34 calculated under the bill and if the claimant has filed for the 35 -101- LSB 2832SV (1) 89 jm/jh 101/ 103
S.F. 619 credit for each of the subsequent fiscal years after the first 1 credit claimed. 2 The bill also modifies the appropriation to the elderly 3 and disabled property tax credit and reimbursement fund under 4 Code section 425.39, by limiting the amount of the credit to 5 be paid by the director of revenue to each county treasurer 6 for claimants who have reached 70 years of age and specifies 7 that Code section 25B.7(1), which requires the state to fund 8 the cost of providing new property tax credits, shall not apply 9 to the amount of the credit in excess of the amount paid by the 10 director of revenue as determined in the bill. 11 The division applies to claims under Code chapter 425, 12 subchapter II, filed on or after January 1, 2022. 13 DIVISION XXVI —— TRANSIT FUNDING. This division of the 14 bill authorizes a regional transit district established under 15 Code chapter 28M or a city that is not participating in a 16 regional transit district to, following approval at election, 17 impose a transit hotel and motel tax at a rate not to exceed 5 18 percent. When imposed by a regional transit district, the tax 19 shall apply only within the boundaries of the regional transit 20 district and may be imposed in addition to any local hotel and 21 motel tax imposed under Code chapter 423A. When imposed by a 22 city, the tax shall apply only within the corporate boundaries 23 of that city and may be imposed in addition to any local hotel 24 and motel tax imposed under Code chapter 423A. Imposition, 25 repeal, or a change in the rate of the transit hotel and 26 motel tax requires approval at election. Collection and 27 administration of the transit hotel and motel tax is similar to 28 collection and administration of the local hotel and motel tax. 29 Code chapter 28M authorizes a regional transit district to 30 impose a property tax levy at a rate not to exceed 95 cents 31 per $1,000 of assessed value of all taxable property in the 32 regional transit district, subject to aggregate levy limits for 33 cities that are participating in the regional transit district 34 and imposing a municipal transit system property tax levy under 35 -102- LSB 2832SV (1) 89 jm/jh 102/ 103
S.F. 619 Code section 384.12(10). The bill establishes a methodology 1 for determining a reduction in the regional transit district 2 property tax levy if the regional transit district imposes a 3 transit hotel and motel tax. The bill establishes a similar 4 methodology for determining a reduction in the city transit 5 system property tax levy under Code section 384.12(10) if the 6 city is imposing a transit hotel and motel tax. 7 The revenue derived by a regional transit district from 8 the transit hotel and motel tax shall be expended exclusively 9 for the purposes of the regional transit district and shall 10 result in a reduction in the maximum levy rate for the regional 11 transit district, as provided in the bill. However, the 12 amount of revenue derived by the regional transit district 13 in the second calendar year that transit hotel and motel 14 tax is imposed that exceeds the amount of revenue derived 15 by the regional transit district in the first calendar year 16 that transit hotel and motel tax is imposed shall be used 17 for property tax relief in addition to the reduction to the 18 levy rate as the result of the revenue derived in the first 19 calendar year that the transit hotel and motel tax is imposed. 20 Similarly, the revenue derived by a city from the transit hotel 21 and motel tax shall be expended exclusively for the operation 22 and maintenance of a municipal transit system and shall result 23 in a reduction in the maximum transit system levy rate for the 24 city under Code section 384.12(10). However, the amount of 25 revenue derived by the city in the second calendar year that 26 transit hotel and motel tax is imposed that exceeds the amount 27 of revenue derived by the city in the first calendar year 28 that transit hotel and motel tax is imposed shall be used for 29 property tax relief for the levy under Code section 384.12(10), 30 in addition to the reduction to the levy rate as the result of 31 the revenue derived in the first calendar year that the transit 32 hotel and motel tax is imposed. 33 -103- LSB 2832SV (1) 89 jm/jh 103/ 103