Bill Text: IA HF641 | 2013-2014 | 85th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act authorizing the establishment of reinvestment districts following approval of the economic development authority board, providing for the remittance of certain state sales tax revenues and certain state hotel and motel tax revenues to municipalities, establishing a state reinvestment district fund, and making appropriations. (Formerly HSB 234) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF641 Detail]
Download: Iowa-2013-HF641-Amended.html
Bill Title: A bill for an act authorizing the establishment of reinvestment districts following approval of the economic development authority board, providing for the remittance of certain state sales tax revenues and certain state hotel and motel tax revenues to municipalities, establishing a state reinvestment district fund, and making appropriations. (Formerly HSB 234) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF641 Detail]
Download: Iowa-2013-HF641-Amended.html
House
File
641
-
Reprinted
HOUSE
FILE
641
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
234)
(As
Amended
and
Passed
by
the
House
April
24,
2013
)
A
BILL
FOR
An
Act
authorizing
the
establishment
of
reinvestment
districts
1
following
approval
of
the
economic
development
authority
2
board,
providing
for
the
remittance
of
certain
state
sales
3
tax
revenues
and
certain
state
hotel
and
motel
tax
revenues
4
to
municipalities,
establishing
a
state
reinvestment
5
district
fund,
and
making
appropriations.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
HF
641
(2)
85
md/sc/md
H.F.
641
Section
1.
NEW
SECTION
.
15J.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
2
Reinvestment
Act”
.
3
Sec.
2.
NEW
SECTION
.
15J.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Board”
means
the
same
as
defined
in
section
15.102.
7
2.
“Department”
means
the
department
of
revenue.
8
3.
“District”
means
the
area
within
a
municipality
that
is
9
designated
a
reinvestment
district
pursuant
to
section
15J.3.
10
4.
“Fund”
means
the
state
reinvestment
district
fund
created
11
in
section
15J.5.
12
5.
“Governing
body”
means
the
county
board
of
supervisors,
13
city
council,
or
other
body
in
which
the
legislative
powers
of
14
the
municipality
are
vested.
15
6.
“Lessor”
means
the
same
as
defined
in
section
423A.2.
16
7.
“Municipality”
means
a
county
or
an
incorporated
city.
17
8.
“Project”
means
a
vertical
improvement
constructed
18
or
substantially
improved
within
a
district
using
sales
19
tax
revenues
and
hotel
and
motel
tax
revenues
received
by
a
20
municipality
pursuant
to
this
chapter.
21
9.
“Retail
establishment”
means
a
business
operated
by
a
22
retailer
as
defined
in
section
423.1.
23
10.
“State
hotel
and
motel
tax”
means
the
state-imposed
tax
24
under
section
423A.3.
25
11.
“State
sales
tax”
means
the
sales
and
services
tax
26
imposed
pursuant
to
section
423.2.
27
12.
“Vertical
improvement”
means
a
building
that
is
wholly
28
or
partially
above
grade
and
all
appurtenant
structures
to
the
29
building.
30
Sec.
3.
NEW
SECTION
.
15J.3
District
establishment
——
31
approval.
32
1.
A
municipality
that
has
an
area
suitable
for
development
33
within
the
boundaries
of
the
municipality
is
eligible
to
34
seek
approval
from
the
board
to
establish
a
reinvestment
35
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district
under
this
section
consisting
of
the
area
suitable
for
1
development.
To
be
designated
a
reinvestment
district,
an
area
2
shall
meet
the
following
requirements:
3
a.
The
area
consists
only
of
parcels
of
real
property
that
4
the
governing
body
of
the
municipality
determines
will
be
5
directly
and
substantially
benefited
by
development
in
the
6
proposed
district.
7
b.
The
area
is
in
whole
or
in
part
either
an
economic
8
development
enterprise
zone
designated
under
chapter
15E,
9
division
XVIII,
or
an
urban
renewal
area
established
pursuant
10
to
chapter
403.
11
c.
The
area
consists
of
contiguous
parcels
and
does
not
12
exceed
fifty
acres
in
total.
13
d.
For
a
municipality
that
is
a
city,
the
area
does
not
14
include
the
entire
incorporated
area
of
the
city.
15
2.
Prior
to
submission
to
the
board
for
approval
under
16
subsection
3,
a
proposed
district
plan
shall
be
developed
17
and
approved
by
resolution
of
the
governing
body
of
the
18
municipality.
The
proposed
district
plan
shall
state
the
19
governing
body’s
intent
to
establish
a
district.
The
proposed
20
district
plan
shall
also
include
all
of
the
following:
21
a.
A
finding
by
the
governing
body
that
the
area
in
the
22
proposed
district
is
an
area
suitable
for
development.
23
b.
A
legal
description
of
the
real
estate
forming
the
24
boundaries
of
the
area
to
be
included
in
the
proposed
district
25
along
with
a
map
depicting
the
existing
parcels
of
real
estate
26
located
in
the
proposed
district.
27
c.
A
list
of
the
names
and
addresses
of
the
owners
of
record
28
of
the
parcels
to
be
included
in
the
proposed
district.
29
d.
A
list
of
all
projects
proposed
to
be
undertaken
within
30
the
district,
a
detailed
description
of
those
projects,
and
31
a
project
plan
for
each
proposed
project.
Each
project
plan
32
shall
clearly
state
the
estimated
cost
of
the
project,
the
33
anticipated
funding
sources
for
the
project,
and
the
amount
and
34
type
of
debt,
if
any,
to
be
incurred
by
the
municipality
to
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fund
the
project,
and
shall
include
a
project
feasibility
study
1
conducted
by
an
independent
professional
with
expertise
in
2
economic
development
and
public
finance.
The
feasibility
study
3
shall
include
projections
and
analysis
of
all
of
the
following:
4
(1)
The
amount
of
gross
revenues
expected
to
be
collected
in
5
the
district
as
a
result
of
the
project
for
each
year
that
the
6
district
is
in
existence.
7
(2)
A
detailed
explanation
of
the
manner
and
extent
to
which
8
the
project
will
contribute
to
the
economic
development
of
9
the
state
and
the
municipality,
including
an
analysis
of
the
10
project’s
economic
impact.
The
analysis
shall
include
the
same
11
components
and
be
conducted
in
the
same
manner
as
the
economic
12
impact
study
required
under
paragraph
“e”
.
13
(3)
An
estimate
of
the
number
of
visitors
or
customers
14
the
project
will
generate
during
each
year
that
the
district
15
exists.
16
(4)
A
description
of
the
unique
characteristics
of
the
17
project.
18
e.
An
economic
impact
study
for
the
proposed
district
19
conducted
by
an
independent
economist
retained
by
the
20
municipality.
The
economic
impact
study
shall,
at
a
minimum,
21
do
all
of
the
following:
22
(1)
Contain
a
detailed
analysis
of
the
financial
benefit
23
of
the
proposed
district
to
the
economy
of
the
state
and
the
24
municipality.
25
(2)
Identify
one
or
more
projected
market
areas
in
which
the
26
district
can
reasonably
be
expected
to
have
an
economic
impact.
27
(3)
Assess
the
fiscal
and
financial
impact
of
the
proposed
28
district
on
businesses
or
on
other
economic
development
29
projects
within
the
projected
market
area.
30
3.
a.
The
municipality
shall
submit
a
copy
of
the
31
resolution,
the
proposed
district
plan,
and
all
accompanying
32
materials
adopted
pursuant
to
this
section
to
the
board
for
33
evaluation
and
approval.
34
b.
The
board
shall
evaluate
each
municipality’s
proposed
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district
plan
and
accompanying
materials
and
shall
approve
the
1
district
plan
and
establishment
of
the
district
if
the
board
2
determines
that,
in
addition
to
other
criteria
established
by
3
the
board
by
rule,
all
of
the
following
conditions
are
met:
4
(1)
The
area
of
the
municipality
proposed
to
be
included
in
5
the
district
meets
the
requirements
of
subsection
1.
6
(2)
The
projects
proposed
to
be
undertaken
in
the
district
7
will
have
a
substantial
beneficial
impact
on
the
economy
of
the
8
state
and
the
economy
of
the
municipality.
9
(3)
The
proposed
funding
sources
for
each
project
are
10
feasible.
11
c.
If
the
board
denies
a
proposed
district
plan,
the
board
12
shall
state
the
reasons
for
the
denial
and
the
municipality
may
13
resubmit
the
application.
14
d.
As
part
of
its
approval
of
a
proposed
district
plan,
15
the
board
may,
subject
to
the
authorized
amounts
under
section
16
15J.4,
establish
maximum
amounts
of
state
sales
tax
revenues
17
or
state
hotel
and
motel
tax
revenues,
or
both,
that
may
be
18
remitted
to
a
municipality’s
reinvestment
project
fund.
Such
19
maximum
amounts
shall
be
determined
based
on
the
financing
20
needs
of
the
project
and
the
economic
impact
to
the
state.
21
4.
Upon
receiving
the
approval
of
the
board,
the
22
municipality
may
adopt
an
ordinance
establishing
the
district
23
and
shall
notify
the
director
of
revenue
of
the
establishment
24
of
the
district.
The
ordinance
adopted
by
the
municipality
25
shall
include
a
detailed
statement
of
the
manner
in
which
26
the
approved
projects
to
be
undertaken
in
the
district
will
27
be
financed,
including
but
not
limited
to
the
financial
28
information
included
in
the
project
plan
under
subsection
2,
29
paragraph
“d”
.
Following
establishment
of
the
district,
a
30
municipality
may
use
the
moneys
deposited
in
the
municipality’s
31
reinvestment
project
fund
created
pursuant
to
section
15J.6
32
to
fund
the
development
of
those
projects
included
within
the
33
district
plan.
34
5.
A
municipality
may
amend
the
district
plan
to
add
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or
modify
projects.
However,
a
proposed
modification
to
a
1
project
and
each
project
proposed
to
be
added
shall
first
be
2
approved
by
the
board
in
the
same
manner
as
provided
for
the
3
original
plan.
In
no
case,
however,
shall
an
amendment
to
4
the
plan
result
in
the
extension
of
the
district
dissolution
5
date
provided
in
section
15J.7.
If
a
district
plan
is
amended
6
to
add
or
modify
a
project,
the
municipality
shall
amend
7
the
ordinance,
if
necessary,
to
reflect
any
changes
to
the
8
financial
information
required
to
be
included
under
subsection
9
4.
10
Sec.
4.
NEW
SECTION
.
15J.4
New
state
tax
revenue
11
calculations.
12
1.
a.
The
department
of
revenue
shall
calculate
quarterly
13
the
amount
of
new
state
sales
tax
revenues
for
each
district
14
established
in
the
state
to
be
deposited
in
the
state
15
reinvestment
district
fund
created
in
section
15J.5,
pursuant
16
to
section
423.2,
subsection
11,
paragraph
“b”
.
17
b.
The
amount
of
new
state
sales
tax
revenue
for
purposes
18
of
paragraph
“a”
shall
be
the
product
of
the
amount
of
sales
19
subject
to
the
state
sales
tax
in
the
district
during
the
20
quarter
from
retailers
holding
a
retail
sales
tax
permit
issued
21
on
or
after
the
date
the
ordinance
establishing
the
district
22
was
first
adopted
under
section
15J.3,
subsection
4,
times
four
23
percent.
24
c.
For
the
purpose
of
calculating
the
amount
of
new
state
25
sales
tax
revenues
under
paragraph
“b”
,
a
retail
sales
tax
26
permit
issued
before
the
date
the
ordinance
establishing
the
27
district
was
first
adopted
under
section
15J.3,
subsection
28
4,
that
is
held
by
a
retailer
whose
place
of
business
for
29
that
permit
is
located
in
a
vertical
improvement
within
the
30
district
that
was
substantially
improved
on
or
after
the
date
31
the
ordinance
establishing
the
district
was
first
adopted
shall
32
be
considered
a
retail
sales
tax
permit
issued
on
or
after
the
33
date
the
ordinance
establishing
the
district
was
first
adopted.
34
2.
a.
The
department
of
revenue
shall
calculate
quarterly
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the
amount
of
new
state
hotel
and
motel
tax
revenues
for
each
1
district
established
in
the
state
to
be
deposited
in
the
state
2
reinvestment
district
fund
created
in
section
15J.5,
pursuant
3
to
section
423A.6.
4
b.
The
amount
of
new
state
hotel
and
motel
tax
revenue
for
5
purposes
of
paragraph
“a”
shall
be
the
product
of
the
amount
of
6
sales
subject
to
the
state
hotel
and
motel
tax
in
the
district
7
during
the
quarter
from
retailers
or
lessors
holding
a
permit
8
for
the
collection
of
the
state
hotel
and
motel
tax
issued
9
on
or
after
the
date
the
ordinance
establishing
the
district
10
was
first
adopted
under
section
15J.3,
subsection
4,
times
the
11
state
hotel
and
motel
tax
rate
imposed
under
section
423A.3.
12
c.
For
the
purpose
of
calculating
the
amount
of
new
state
13
hotel
and
motel
tax
revenues
under
paragraph
“b”
,
a
permit
for
14
the
collection
of
the
state
hotel
and
motel
tax
issued
before
15
the
date
the
ordinance
establishing
the
district
was
first
16
adopted
under
section
15J.3,
subsection
4,
that
is
held
by
a
17
retailer
or
lessor
whose
place
of
business
for
that
permit
is
18
located
in
a
vertical
improvement
within
the
district
that
19
was
substantially
improved
on
or
after
the
date
the
ordinance
20
establishing
the
district
was
first
adopted
shall
be
considered
21
a
permit
issued
on
or
after
the
date
the
ordinance
establishing
22
the
district
was
first
adopted.
23
3.
Each
municipality
that
has
established
a
district
24
under
this
chapter
shall
assist
the
department
of
revenue
in
25
identifying
retail
establishments
in
the
district
that
are
26
collecting
state
sales
tax
and
lessors
in
the
district
that
are
27
collecting
state
hotel
and
motel
tax.
This
process
shall
be
28
ongoing
until
the
municipality
ceases
to
utilize
state
sales
29
tax
revenue
or
state
hotel
and
motel
tax
revenue
under
this
30
chapter
or
the
district
is
dissolved.
31
Sec.
5.
NEW
SECTION
.
15J.5
State
reinvestment
district
32
fund.
33
1.
A
state
reinvestment
district
fund
is
established
in
the
34
state
treasury
under
the
control
of
the
department
of
revenue
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consisting
of
the
new
state
sales
tax
revenues
collected
within
1
each
district
and
deposited
in
the
fund
pursuant
to
section
2
423.2,
subsection
11,
paragraph
“b”
,
and
the
new
state
hotel
and
3
motel
tax
revenues
collected
within
each
district
and
deposited
4
in
the
fund
pursuant
to
section
423A.6.
Moneys
deposited
in
5
the
fund
are
appropriated
to
the
department
of
revenue
for
the
6
purposes
of
this
section.
Moneys
in
the
fund
shall
only
be
7
used
for
the
purposes
of
this
section.
8
2.
A
district
account
is
created
within
the
fund
for
each
9
district
created
by
a
municipality
under
this
chapter.
10
3.
The
department
of
revenue
shall
deposit
the
moneys
11
described
in
subsection
1
into
the
appropriate
district
account
12
in
the
fund
beginning
the
first
day
of
the
quarter
following
13
adoption
of
the
ordinance
by
the
municipality
under
section
14
15J.3,
subsection
4.
15
4.
All
moneys
in
each
district
account
within
the
fund
16
shall
be
remitted
quarterly
by
the
department
of
revenue
to
the
17
municipality
that
established
the
district
for
deposit
in
the
18
municipality’s
reinvestment
project
fund
established
pursuant
19
to
section
15J.6.
20
5.
The
department
of
revenue
shall
adopt
rules
for
the
21
remittance
of
moneys
to
municipalities.
22
Sec.
6.
NEW
SECTION
.
15J.6
Reinvestment
project
fund.
23
1.
State
sales
tax
revenue
and
state
hotel
and
motel
tax
24
revenue
remitted
by
the
department
of
revenue
to
a
municipality
25
pursuant
to
section
15J.5
shall
be
deposited
in
a
reinvestment
26
project
fund
of
the
municipality
and
shall
be
used
to
fund
27
projects
within
the
district
from
which
the
revenues
were
28
collected.
If
the
municipality
determines
that
the
revenue
29
accruing
to
the
reinvestment
project
fund
exceeds
the
amount
30
necessary
for
these
purposes,
the
excess
moneys
that
are
31
remittances
received
under
section
15J.5
and
all
interest
in
32
the
fund
attributable
to
such
excess
amounts
shall
be
remitted
33
by
the
municipality
to
the
department
of
revenue
for
deposit
in
34
the
general
fund
of
the
state.
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2.
In
addition
to
the
moneys
received
pursuant
to
section
1
15J.5,
a
municipality
may
deposit
in
the
reinvestment
project
2
fund
any
other
moneys
lawfully
at
the
municipality’s
disposal,
3
including
but
not
limited
to
local
sales
and
services
tax
4
receipts
collected
under
chapter
423B
if
such
use
is
a
purpose
5
authorized
for
the
municipality
under
chapter
423B.
6
3.
a.
Moneys
from
any
source
deposited
into
the
7
reinvestment
project
fund
shall
not
be
expended
for
or
8
otherwise
used
in
connection
with
a
project
that
includes
9
the
relocation
of
a
commercial
or
industrial
enterprise
not
10
presently
located
within
the
municipality,
unless
one
of
the
11
following
occurs:
12
(1)
The
local
governing
body
of
the
municipality
where
13
the
commercial
or
industrial
enterprise
is
currently
located
14
and
the
local
governing
body
of
the
municipality
where
the
15
commercial
or
industrial
enterprise
is
proposing
to
relocate
16
have
either
entered
into
a
written
agreement
concerning
the
17
relocation
of
the
commercial
or
industrial
enterprise
or
have
18
entered
into
a
written
agreement
concerning
the
general
use
19
of
economic
incentives
to
attract
commercial
or
industrial
20
development
within
those
municipalities.
21
(2)
The
local
governing
body
of
the
municipality
where
the
22
commercial
or
industrial
enterprise
is
proposing
to
relocate
23
finds
that
the
use
of
moneys
in
the
reinvestment
project
fund
24
for
a
project
that
includes
such
a
relocation
is
in
the
public
25
interest.
A
local
governing
body’s
finding
that
a
project
that
26
includes
a
commercial
or
industrial
enterprise
relocation
is
27
in
the
public
interest
shall
include
written
verification
from
28
the
commercial
or
industrial
enterprise
that
the
enterprise
is
29
actively
considering
moving
all
or
a
part
of
its
operations
to
30
a
location
outside
the
state
and
a
specific
finding
that
such
31
an
out-of-state
move
would
result
in
a
significant
reduction
32
in
either
the
enterprise’s
total
employment
in
the
state
or
in
33
the
total
amount
of
wages
earned
by
employees
of
the
enterprise
34
in
the
state.
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b.
For
the
purposes
of
this
subsection,
“relocation”
1
means
the
closure
or
substantial
reduction
of
an
enterprise’s
2
existing
operations
in
one
area
of
the
state
and
the
initiation
3
of
substantially
the
same
operation
in
the
same
county
or
a
4
contiguous
county
in
the
state.
“Relocation”
does
not
include
5
an
enterprise
expanding
its
operations
in
another
area
of
the
6
state
provided
that
existing
operations
of
a
similar
nature
are
7
not
closed
or
substantially
reduced.
8
4.
Upon
dissolution
of
a
district
pursuant
to
section
15J.7,
9
if
moneys
remitted
to
the
municipality
pursuant
to
section
10
15J.5
remain
in
the
municipality’s
reinvestment
project
fund
11
and
those
moneys
are
not
necessary
to
support
completion
of
12
a
project
in
the
dissolved
district,
such
amounts
and
all
13
interest
remaining
in
the
fund
that
was
earned
on
such
amounts
14
shall
be
remitted
by
the
municipality
to
the
department
of
15
revenue
for
deposit
in
the
general
fund
of
the
state.
16
5.
Upon
dissolution
of
a
district
pursuant
to
section
15J.7,
17
moneys
remaining
in
the
reinvestment
project
fund
that
were
18
deposited
pursuant
to
subsection
2
and
all
interest
remaining
19
in
the
fund
that
was
earned
on
such
amounts
shall
be
deposited
20
in
the
general
fund
of
the
municipality.
21
Sec.
7.
NEW
SECTION
.
15J.7
District
dissolution.
22
1.
A
district
established
pursuant
to
this
chapter
is
23
dissolved
twenty-five
years
from
the
date
the
ordinance
was
24
first
adopted
under
section
15J.3,
subsection
4,
unless
the
25
municipality
dissolves
the
district
by
ordinance
prior
to
that
26
date.
27
2.
Upon
expiration
of
the
twenty-five-year
period
or
28
upon
adoption
of
an
ordinance
dissolving
the
district,
the
29
municipality
shall
notify
the
director
of
revenue
of
the
30
dissolution
of
the
district.
31
3.
Upon
receipt
of
the
notice
pursuant
to
subsection
2,
32
the
department
of
revenue
shall
cease
to
deposit
state
sales
33
tax
revenues
and
state
hotel
and
motel
tax
revenues
into
the
34
district’s
account
within
the
fund.
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Sec.
8.
Section
423.2,
subsection
11,
paragraph
b,
Code
1
2013,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(6)
Beginning
the
first
day
of
the
3
quarter
following
adoption
of
an
ordinance
pursuant
to
section
4
15J.3,
subsection
4,
transfer
to
a
district
account
created
5
in
the
state
reinvestment
district
fund
for
each
reinvestment
6
district
established
under
chapter
15J,
the
amount
of
new
state
7
sales
tax
revenue,
determined
in
section
15J.4,
subsection
1,
8
paragraph
“b”
,
in
the
district,
that
remains
after
the
prior
9
transfers
required
under
this
paragraph
“b”
.
10
Sec.
9.
Section
423A.6,
unnumbered
paragraph
1,
Code
2013,
11
is
amended
to
read
as
follows:
12
The
director
of
revenue
shall
administer
the
state
and
local
13
hotel
and
motel
tax
as
nearly
as
possible
in
conjunction
with
14
the
administration
of
the
state
sales
tax
law,
except
that
15
portion
of
the
law
which
implements
the
streamlined
sales
and
16
use
tax
agreement.
The
director
shall
provide
appropriate
17
forms,
or
provide
on
the
regular
state
tax
forms,
for
reporting
18
state
and
local
hotel
and
motel
tax
liability.
All
moneys
19
received
or
refunded
one
hundred
eighty
days
after
the
date
20
on
which
a
city
or
county
terminates
its
local
hotel
and
21
motel
tax
and
all
moneys
received
from
the
state
hotel
and
22
motel
tax
shall
be
deposited
in
or
withdrawn
from
the
general
23
fund
of
the
state.
Beginning
the
first
day
of
the
quarter
24
following
adoption
of
an
ordinance
pursuant
to
section
15J.3,
25
subsection
4,
the
director
of
revenue
shall
transfer
from
the
26
general
fund
of
the
state
to
a
district
account
created
in
27
the
state
reinvestment
district
fund
for
each
reinvestment
28
district
established
under
chapter
15J,
the
new
state
hotel
and
29
motel
tax
revenue,
determined
in
section
15J.4,
subsection
2,
30
paragraph
“b”
,
in
the
district.
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