Bill Text: IA HSB225 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A study bill relating to Iowa's urban renewal law by modifying requirements for the annual report prepared by the legislative services agency, establishing restrictions on the use of divided revenues, modifying the methodology for calculating the amount of divided revenues, and including effective date provisions.

Spectrum: Unknown

Status: (Introduced - Dead) 2015-04-07 - Voted - Ways and Means. [HSB225 Detail]

Download: Iowa-2015-HSB225-Introduced.html
House Study Bill 225 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON SANDS) A BILL FOR An Act relating to Iowa’s urban renewal law by modifying 1 requirements for the annual report prepared by the 2 legislative services agency, establishing restrictions on 3 the use of divided revenues, modifying the methodology for 4 calculating the amount of divided revenues, and including 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1171YC (9) 86 md/sc
H.F. _____ Section 1. Section 331.403, subsection 3, paragraph d, Code 1 2015, is amended to read as follows: 2 d. The legislative services agency, in consultation with 3 the department of management, shall annually prepare a report 4 for submission to the governor and the general assembly that 5 summarizes and analyzes the information contained in the 6 reports submitted under this subsection , section 357H.9, 7 subsection 2 , and section 384.22, subsection 2 . The report 8 shall contain a list of each county, city, or rural improvement 9 zone that filed an annual report for the most recently ended 10 fiscal year and each such entity’s amount reported under 11 paragraph “b” , subparagraph (8), for counties and rural 12 improvement zones, or section 384.22, subsection 2, paragraph 13 “b” , subparagraph (8), for cities. The report prepared by the 14 legislative services agency shall be submitted not later than 15 February 15 following the most recently ended fiscal year for 16 which the reports were filed. 17 Sec. 2. Section 403.5, subsection 2, paragraph b, 18 subparagraph (1), Code 2015, is amended to read as follows: 19 (1) Prior to its approval of an urban renewal plan which 20 provides for a division of revenue pursuant to section 403.19 , 21 the municipality shall mail the proposed plan by regular mail 22 to the affected taxing entities. The municipality shall 23 include with the proposed plan notification of a consultation 24 to be held between the municipality and affected taxing 25 entities prior to the public hearing on the urban renewal plan. 26 If the proposed urban renewal plan or proposed urban renewal 27 project within the urban renewal area , which plan or project is 28 approved prior to the effective date of this Act, includes the 29 use of taxes revenue resulting from a division of revenue taxes 30 under section 403.19 , subsection 2, for a public building, 31 including but not limited to a police station, fire station, 32 administration building, swimming pool, hospital, library, 33 recreational building, city hall, or other public building 34 that is exempt from taxation, including the grounds of, and 35 -1- LSB 1171YC (9) 86 md/sc 1/ 7
H.F. _____ the erection, equipment, remodeling, maintenance, repair, or 1 reconstruction of, and additions or extensions to, such a 2 building, the municipality shall include with the proposed 3 plan notification an analysis of alternative development 4 options and funding for the urban renewal area or urban renewal 5 project and the reasons such options would be less feasible 6 than the proposed urban renewal plan or proposed urban renewal 7 project. A copy of the analysis required in this subparagraph 8 shall be included with the urban renewal report required under 9 section 331.403 or 384.22 , as applicable, and filed by December 10 1 following adoption of the urban renewal plan or project. 11 Urban renewal plans and urban renewal projects approved on or 12 after the effective date of this Act shall not include the use 13 of revenue resulting from a division of taxes under section 14 403.19, subsection 2, for a public building, including but 15 not limited to a police station, fire station, administration 16 building, swimming pool, hospital, library, recreational 17 building, city hall, or other public building that is exempt 18 from taxation, including the grounds of, and the erection, 19 equipment, remodeling, maintenance, repair, or reconstruction 20 of, and additions or extensions to, such a building. 21 Sec. 3. Section 403.12, subsection 1, paragraph f, Code 22 2015, is amended to read as follows: 23 f. Cause Subject to the limitation in section 403.5, 24 subsection 2, paragraph “b” , subparagraph (1), cause public 25 buildings and public facilities, including parks, playgrounds, 26 and recreational, community, educational, water, sewer or 27 drainage facilities, or any other works which it is otherwise 28 empowered to undertake to be furnished; 29 Sec. 4. NEW SECTION . 403.18A Urban renewal area and 30 division of revenue limitations. 31 1. Each municipality having an urban renewal area in 32 existence on the effective date of this Act that is subject to 33 a division of revenue under section 403.19 that is not limited 34 in duration under either section 403.17, subsection 10, or 35 -2- LSB 1171YC (9) 86 md/sc 2/ 7
H.F. _____ section 403.22, subsection 5, shall be subject to the assessed 1 value adjustment in subsection 2. 2 2. a. For each such urban renewal area described in 3 subsection 1, the urban renewal area, including all applicable 4 urban renewal plans, projects, and ordinances providing 5 for a division of revenue, shall continue in effect under 6 this chapter, until such time that the urban renewal area 7 is dissolved by the municipality or until the urban renewal 8 area terminates under the conditions of this section. The 9 municipality may continue to incur or issue additional costs 10 or indebtedness for such urban renewal area, including loans, 11 advances, and bonds, that qualify for payment from the special 12 fund created in section 403.19 on or after the effective date 13 of this Act and until dissolution or termination of the urban 14 renewal area. 15 b. Notwithstanding any provision of this chapter to the 16 contrary, for fiscal years beginning on or after July 1, 2016, 17 when calculating a division of revenue for an urban renewal 18 area described in subsection 1 for which the difference between 19 the year of the assessment roll referred to in section 403.19, 20 subsection 1, and the year of the assessment roll used to 21 calculate the total amount of property taxes in the urban 22 renewal area for the fiscal year in which the taxes are due 23 and payable, exceeds twenty years, the assessed value of the 24 taxable property in the urban renewal area used to calculate 25 the amount of taxes under section 403.19, subsection 1, shall 26 be increased by an amount equal to seven and one-half percent 27 of the assessed value of the taxable property used to calculate 28 the total amount of property taxes in the urban renewal area 29 for the fiscal year in which taxes are due and payable. 30 Following the initial adjustment under this paragraph, the 31 assessed value of the taxable property used to calculate the 32 amount of taxes under section 403.19, subsection 1, shall 33 be further increased for each subsequent fiscal year by an 34 amount equal to seven and one-half percent of the assessed 35 -3- LSB 1171YC (9) 86 md/sc 3/ 7
H.F. _____ value of the taxable property in the urban renewal area used 1 to calculate the total amount of property taxes in the urban 2 renewal area for the fiscal year in which taxes are due and 3 payable, until such time as operation of this paragraph “b” 4 would cause the assessed value of the taxable property used to 5 calculate the amount of taxes under section 403.19, subsection 6 1, to exceed the assessed value of the taxable property in 7 the urban renewal area used to calculate the total amount of 8 property taxes in the urban renewal area for the fiscal year in 9 which the taxes are due and payable, or the twentieth fiscal 10 year following the fiscal year for which the first adjustment 11 is made under this section, whichever is earlier, at which time 12 the urban renewal area, including all applicable urban renewal 13 plans, projects, and ordinances providing for a division of 14 revenue, shall terminate and be of no further force and effect. 15 3. The department of management shall adopt rules pursuant 16 to chapter 17A necessary to implement and administer this 17 section. 18 Sec. 5. Section 403.19, Code 2015, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 3A. Except as provided in section 403.22, 21 an ordinance providing for a division of revenue under this 22 section that is adopted on or after the effective date of 23 this Act, including an ordinance providing for a division 24 of revenue for an economic development area under section 25 403.17, subsection 10, shall be limited to twenty years from 26 the calendar year following the calendar year in which the 27 municipality first certifies to the county auditor the amount 28 of any loans, advances, indebtedness, or bonds that qualify for 29 payment from the division of revenue provided in this section. 30 The urban renewal area, including all applicable urban renewal 31 plans, projects, and ordinances, shall terminate and be of 32 no further force and effect following the twenty-year period 33 provided in this subsection. 34 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 35 -4- LSB 1171YC (9) 86 md/sc 4/ 7
H.F. _____ immediate importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to Iowa’s urban renewal law. 5 The bill requires the annual report prepared by the 6 legislative services agency, in consultation with the 7 department of management, under Code section 331.403, to 8 contain a list of each county, city, or rural improvement zone 9 that filed an annual report for the most recently ended fiscal 10 year and each such entity’s reported amount of loans, advances, 11 indebtedness, or bonds that remain unpaid at the close of the 12 fiscal year, and which qualify for payment from the special 13 fund created in Code section 403.19, including interest 14 negotiated on such loans, advances, indebtedness, or bonds. 15 The bill provides that urban renewal plans and urban 16 renewal projects approved on or after the effective date of 17 the bill shall not include the use of revenue resulting from 18 a division of taxes for a public building that is exempt 19 from taxation, including the grounds of, and the erection, 20 equipment, remodeling, maintenance, repair, or reconstruction 21 of, and additions or extensions to, such a building. The bill 22 also modifies provisions governing the use of such revenues 23 for public buildings for plans and projects approved before 24 the effective date of the bill to include the maintenance and 25 repair of such public buildings. 26 New Code section 403.18A provides that each municipality 27 having an urban renewal area in existence on the effective 28 date of the bill that is subject to a division of revenue that 29 is not limited in duration under either Code section 403.17, 30 subsection 10 (20 years) or Code section 403.22, subsection 5 31 (10 years) shall be subject to the assessed value adjustment 32 provided for in the bill. Under the bill, when calculating a 33 division of revenue for such an urban renewal area for a fiscal 34 year beginning on or after July 1, 2016, and for which the 35 -5- LSB 1171YC (9) 86 md/sc 5/ 7
H.F. _____ difference between the year of the assessment roll referred 1 to in Code section 403.19, subsection 1, (establishing a base 2 assessed value), and the year of the assessment roll used 3 to calculate the total amount of property taxes under Code 4 section 403.19 for the fiscal year in which the taxes are 5 due and payable, exceeds 20 years, the assessed value of the 6 taxable property in the urban renewal area used to calculate 7 the amount of taxes under Code section 403.19, subsection 1, 8 shall be increased by an amount equal to 7.5 percent of the 9 assessed value used to calculate the total amount of property 10 taxes in the urban renewal area for the applicable fiscal 11 year. Following the initial adjustment, the assessed value 12 of the taxable property used to calculate the amount of taxes 13 under Code section 403.19, subsection 1, shall be further 14 increased for each subsequent fiscal year by an amount equal 15 to 7.5 percent of the assessed value of the taxable property 16 in the urban renewal area used to calculate the total amount 17 of property taxes for the applicable fiscal year, until 18 by operation of the bill the assessed value of the taxable 19 property used to calculate the amount of taxes under Code 20 section 403.19, subsection 1, exceeds the assessed value of the 21 taxable property in the urban renewal area used to calculate 22 the total amount of property taxes in the urban renewal area 23 for the fiscal year in which the taxes are due and payable, or 24 the twentieth fiscal year following the fiscal year for which 25 the first adjustment is made under this section, whichever 26 is earlier, at which time the urban renewal area, including 27 all applicable urban renewal plans, projects, and ordinances 28 providing for a division of revenue, shall terminate and be of 29 no further force and effect. 30 The bill provides that except for certain divisions of 31 revenue authorized for certain housing and residential 32 development under Code section 403.22, an ordinance providing 33 for a division of revenue under Code section 403.19 that is 34 adopted on or after the effective date of the bill shall be 35 -6- LSB 1171YC (9) 86 md/sc 6/ 7
H.F. _____ limited to 20 years from the calendar year following the 1 calendar year in which the municipality first certifies to the 2 county auditor the amount of any loans, advances, indebtedness, 3 or bonds which qualify for payment from the division of revenue 4 provided in Code section 403.19. Under the bill, the urban 5 renewal area, including all applicable urban renewal plans, 6 projects, and ordinances shall terminate and be of no further 7 force and effect following the 20-year period provided in the 8 bill. 9 The bill takes effect upon enactment. 10 -7- LSB 1171YC (9) 86 md/sc 7/ 7
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