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House
File
1051
-
Introduced
HOUSE
FILE
1051
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
760)
(SUCCESSOR
TO
HF
38)
A
BILL
FOR
An
Act
authorizing
cities
to
establish
self-supported
tourism
1
improvement
districts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1051
Section
1.
NEW
SECTION
.
358D.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
requires
2
otherwise:
3
1.
“Activities”
includes
but
is
not
limited
to
all
of
the
4
following
that
benefit
lodging
businesses
in
the
district:
5
a.
Promotion
of
public
events.
6
b.
Promotion
of
tourism
within
the
district.
7
c.
Promotion
of
business
activities.
8
d.
Marketing
and
tourism-related
economic
development,
9
including
but
not
limited
to
lodging
business
retention
and
10
recruitment.
11
e.
Workforce
development.
12
f.
Other
services
provided
for
the
purpose
of
conferring
13
benefits
upon
assessed
lodging
businesses
located
in
the
14
district.
15
2.
“Assessment”
means
a
levy
for
the
purpose
of
acquiring,
16
constructing,
installing,
or
maintaining
improvements
and
17
providing
activities
that
will
provide
certain
benefits
to
18
lodging
businesses
located
within
a
self-supported
tourism
19
improvement
district.
20
3.
“Benefit
zone”
means
a
subunit
of
a
district
plan
that
21
may
have
a
different
assessment.
22
4.
“Clerk”
means
the
city
clerk,
township
clerk,
or
23
an
employee
of
a
county
designated
by
the
county
board
of
24
supervisors.
25
5.
“District”
means
a
means
a
self-supported
tourism
26
improvement
district
established
pursuant
to
this
chapter.
27
6.
“District
plan”
or
“plan”
means
a
plan
that
complies
with
28
section
358D.3,
subsection
3.
29
7.
“Hosting
platform”
means
a
person
or
entity
who
collects
30
or
receives
a
fee,
directly
or
indirectly,
for
conducting
a
31
booking
transaction
using
any
medium
of
facilitation,
including
32
an
internet-based
platform.
33
8.
“Improvement”
means
the
acquisition,
construction,
34
installation,
or
maintenance
of
any
tangible
property
with
an
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estimated
useful
life
of
five
years
or
more
designed
to
benefit
1
assessed
lodging
businesses.
2
9.
“Local
governing
body”
means
the
city
council
of
a
city,
3
the
board
of
supervisors
of
a
county,
or
the
board
of
trustees
4
of
a
township.
5
10.
“Lodging”
means
the
same
as
defined
in
section
423A.2.
6
11.
“Lodging
business”
means
any
type
of
business
engaged
7
in
lodging.
8
12.
“Lodging
business
owner”
or
“owner”
means
any
person
9
recognized
by
the
municipality
as
the
owner
of
the
lodging
10
business.
The
local
governing
body
has
no
obligation
to
obtain
11
other
information
as
to
the
ownership
of
the
lodging
business,
12
and
the
municipality’s
determination
of
ownership
shall
be
13
final
and
conclusive
for
the
purposes
of
this
subsection.
14
Wherever
this
chapter
requires
the
signature
of
the
lodging
15
business
owner,
the
signature
of
the
authorized
agent
of
the
16
lodging
business
owner
shall
be
sufficient.
17
13.
“Municipality”
means
a
city,
county,
or
township.
18
14.
“Ordinance”
means
an
ordinance
adopted
by
a
city
or
19
county
or
a
resolution
adopted
by
a
township.
20
15.
“Owners’
association”
means
a
private
nonprofit
21
corporation
that
is
under
contract
with
a
municipality
to
22
administer
or
implement
improvements
and
activities
specified
23
in
the
district
plan.
An
owners’
association
may
be
an
24
existing
nonprofit
corporation
or
a
newly
formed
nonprofit
25
corporation.
An
owners’
association
is
a
private
entity
and
26
shall
not
be
considered
a
public
entity
for
any
purpose,
nor
27
shall
the
owners’
association’s
board
members
or
staff
be
28
considered
to
be
public
officials
for
any
purpose.
If
an
29
existing
nonprofit
corporation
is
designated
as
the
owners’
30
association,
the
existing
nonprofit
corporation
shall
establish
31
a
self-supported
tourism
improvement
district
committee
32
comprised
solely
of
lodging
business
owners
paying
the
33
self-supported
tourism
improvement
district
assessment,
which
34
shall
manage
the
expenditure
of
revenues
derived
from
the
levy
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of
assessments,
pursuant
to
this
chapter.
If
a
newly
formed
1
nonprofit
corporation
is
designated
as
the
owners’
association,
2
the
board
of
directors
must
be
comprised
entirely
of
lodging
3
business
owners
paying
the
self-supported
tourism
improvement
4
district
assessment.
5
Sec.
2.
NEW
SECTION
.
358D.2
Authorization.
6
A
local
governing
body
which
proposes
to
create
a
district,
7
to
provide
for
its
existence
and
operation,
to
provide
for
8
activities
or
improvements
for
the
district,
to
authorize
and
9
issue
bonds
for
the
purposes
of
the
district,
and
to
levy
the
10
assessments
authorized
by
this
chapter
must
do
so
in
accordance
11
with
the
provisions
of
this
chapter.
12
Sec.
3.
NEW
SECTION
.
358D.3
Establishment
of
district.
13
1.
Districts
may
be
created
by
action
of
the
local
governing
14
body
in
accordance
with
the
provisions
of
this
chapter.
All
of
15
the
following
shall
apply
to
a
district,
as
applicable:
16
a.
A
city
or
township
shall
not
establish
a
district
within
17
the
unincorporated
area
of
a
county
without
the
consent
of
the
18
board
of
supervisors
of
the
county.
A
city
or
township
shall
19
not
establish
a
district
within
the
jurisdiction
of
another
20
city
or
township
without
the
consent
of
that
city
council
or
21
board
of
township
trustees.
A
county
shall
not
establish
a
22
district
within
the
jurisdiction
of
another
county
without
23
the
consent
of
that
county’s
board
of
supervisors.
However,
24
a
county
may
establish
a
district
within
a
city
or
township
25
located
within
the
county
without
requiring
consent
from
the
26
city
council
or
board
of
township
trustees.
27
b.
The
boundaries
of
a
district
created
pursuant
to
this
28
chapter
may
overlap
with
other
districts
established
pursuant
29
to
other
provisions
of
law,
or
other
districts
created
in
this
30
chapter.
31
c.
The
local
governing
body
may
establish
one
or
more
32
separate
benefit
zones
within
the
district
based
upon
the
33
degree
of
benefit
derived
from
the
improvements
or
activities
34
to
be
provided
within
the
benefit
zone,
and
may
impose
a
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different
assessment
within
each
benefit
zone.
The
local
1
governing
body
may
also
define
categories
of
lodging
businesses
2
based
upon
the
degree
of
benefit
that
each
will
derive
from
the
3
improvements
or
activities
to
be
provided
within
the
district
4
and
may
impose
a
different
assessment
or
rate
of
assessment
5
on
each
category
of
lodging
business,
or
on
each
category
of
6
lodging
business
within
each
zone.
7
d.
The
local
governing
body
may
levy
assessments
on
lodging
8
businesses
pursuant
to
this
chapter.
The
local
governing
body
9
shall
structure
the
assessments
as
a
fixed
amount,
rate
per
10
transaction,
fixed
rate
per
transaction
per
day,
percentage
of
11
sales,
any
combination
of
these
methods,
or
in
whatever
manner
12
it
determines
corresponds
with
the
distribution
of
benefits
13
from
the
proposed
improvements
and
activities.
14
e.
The
collection
of
the
assessments
levied
pursuant
to
15
this
chapter
shall
be
made
at
the
time
and
in
the
manner
set
16
forth
by
the
local
governing
body
in
the
ordinance
levying
the
17
assessment.
All
assessments
levied
pursuant
to
this
chapter
18
may
be
subject
to
interest
and
penalties.
19
f.
Assessments
levied
pursuant
to
this
chapter
shall
be
20
levied
on
the
basis
of
the
estimated
benefit
to
the
lodging
21
businesses
within
the
self-supported
tourism
improvement
22
district.
23
g.
District
funds
allocated
for
the
activities
and
24
improvements
in
the
plan
are
intended
to
be
supplemental
to
25
existing
funding
for
tourism
promotion.
The
municipality
shall
26
not
reduce
any
existing
funding
as
a
result
of
a
self-supported
27
tourism
improvement
district.
28
2.
Upon
the
submission
of
a
written
petition,
signed
by
29
the
lodging
business
owners
in
the
proposed
district
who
will
30
pay
more
than
fifty
percent
of
the
assessments
proposed
to
be
31
levied,
the
local
governing
body
shall
conduct
a
public
hearing
32
on
the
establishment
or
extension
of
the
self-supporting
33
tourism
improvement
district.
The
petition
must
include
a
34
summary
of
the
district
plan.
That
summary
must
include
all
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of
the
following:
1
a.
A
map
showing
the
boundaries
of
the
district.
2
b.
Information
specifying
where
the
complete
district
plan
3
may
be
obtained.
4
c.
Information
specifying
that
the
complete
district
plan
5
shall
be
furnished
upon
request.
6
3.
The
district
plan
must
include
but
is
not
limited
to
all
7
of
the
following:
8
a.
A
map
of
the
district
in
sufficient
detail
to
locate
each
9
lodging
business
within
the
district.
The
map
must
identify
10
the
district
boundaries
in
sufficient
detail
to
allow
a
lodging
11
business
owner
to
reasonably
determine
whether
a
lodging
12
business
is
located
within
the
district
boundaries.
13
b.
The
name
of
the
proposed
district.
14
c.
A
description
of
the
boundaries
of
the
district,
15
including
the
boundaries
of
benefit
zones,
proposed
for
16
establishment
or
extension
in
a
manner
sufficient
to
identify
17
the
affected
lodging
businesses
included,
which
may
be
made
by
18
reference
to
any
plan
or
map
that
is
on
file
with
the
clerk.
19
d.
The
improvements
and
activities
proposed
for
each
year
20
of
operation
of
the
district
and
the
estimated
cost.
If
the
21
improvements
and
activities
proposed
for
each
year
of
operation
22
are
the
same,
a
description
of
the
first
year’s
proposed
23
improvements
and
activities
and
a
statement
that
the
same
24
improvements
and
activities
are
proposed
for
subsequent
years
25
shall
satisfy
the
requirements
of
this
paragraph.
26
e.
The
total
estimated
annual
amount
proposed
to
be
expended
27
for
improvements
or
activities,
and
debt
service
in
each
year
28
of
operation
of
the
district.
The
amount
may
be
estimated
29
based
upon
the
assessment
rate.
If
the
total
annual
amount
30
proposed
to
be
expended
in
each
year
of
operation
of
the
31
district
is
not
significantly
different,
the
amount
proposed
32
to
be
expended
in
the
initial
year
and
a
statement
that
a
33
similar
amount
applies
to
subsequent
years
shall
satisfy
the
34
requirements
of
this
paragraph.
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f.
The
proposed
source
or
sources
of
financing,
including
1
the
proposed
method
and
basis
of
levying
the
assessment
in
2
sufficient
detail
to
allow
each
lodging
business
owner
to
3
estimate
the
amount
of
the
assessment
to
be
levied
against
the
4
lodging
business
owner’s
lodging
business.
5
g.
A
statement
specifying
whether
bonds
will
be
issued
to
6
finance
improvements.
7
h.
The
time
and
manner
of
collecting
the
assessments.
The
8
plan
may
require
hosting
platforms
to
collect
the
assessment.
9
i.
The
specific
number
of
years
in
which
assessments
will
10
be
levied.
In
a
new
district,
the
maximum
number
of
years
11
shall
be
ten.
Upon
renewal,
the
maximum
number
of
years
shall
12
be
twenty.
Notwithstanding
these
limitations,
a
district
13
created
pursuant
to
this
chapter
that
issues
bonds
to
finance
14
improvements
may
levy
assessments
until
the
maximum
maturity
of
15
the
bonds.
The
district
plan
may
set
forth
specific
increases
16
in
assessments
for
each
year
of
operation
of
the
district.
17
j.
The
proposed
time
for
implementation
and
completion
of
18
the
district
plan.
19
k.
Any
proposed
rules
and
regulations
to
be
applicable
to
20
the
district.
21
l.
A
statement
that
an
owners’
association
will
administer
22
or
implement
improvements
and
activities
specified
in
the
23
district
plan.
The
municipality
shall
contract
with
the
24
owners’
association
to
provide
services
and
improvements.
25
m.
Any
other
item
or
matter
required
to
be
incorporated
26
therein
by
the
local
governing
body.
27
4.
At
least
thirty
days
before
the
hearing
pursuant
to
this
28
chapter,
the
clerk
shall
send
a
notice
by
mail
to
the
lodging
29
business
owners
proposed
to
be
assessed.
The
notice
must
state
30
the
following:
31
a.
A
general
description
of
the
improvements
and
activities
32
of
the
district.
33
b.
A
description
of
the
boundaries
of
the
district,
34
including
the
boundaries
of
benefit
zones,
proposed
for
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establishment
or
extension
in
a
manner
sufficient
to
identify
1
the
affected
lodging
businesses
included,
which
may
be
made
by
2
reference
to
any
plan
or
map
that
is
on
file
with
the
clerk.
3
c.
A
description
of
the
proposed
assessment
rate
or
method
4
of
determining
the
assessment.
5
d.
The
time
and
place
when
and
where
the
local
governing
6
body
will
hear
all
complaints
or
protests
made
in
writing
or
7
verbally
to
the
proposed
assessments.
8
e.
Prominently
state
the
place,
date,
and
time
of
the
local
9
governing
body
hearing
on
the
establishment
of
the
proposed
10
district.
11
5.
A
protest
may
be
made
orally
or
in
writing
by
any
12
interested
person.
Every
written
protest
shall
be
filed
with
13
the
clerk
at
or
before
the
time
fixed
for
the
public
hearing.
14
The
clerk
may
waive
any
irregularity
in
the
form
or
content
15
of
any
written
protest.
A
written
protest
may
be
withdrawn
16
in
writing
at
any
time
before
the
conclusion
of
the
public
17
hearing.
Each
written
protest
shall
contain
a
description
of
18
the
lodging
business
in
which
the
person
supporting
the
protest
19
has
an
interest
in
a
manner
sufficient
to
identify
the
lodging
20
business
and,
if
a
person
is
not
shown
on
the
official
records
21
of
the
municipality
as
the
owner
of
the
lodging
business,
the
22
protest
shall
contain
or
be
accompanied
by
written
evidence
23
that
the
person
supporting
the
protest
is
the
owner
of
the
24
lodging
business
or
the
authorized
agent.
A
written
protest
25
that
does
not
comply
with
this
section
shall
not
be
counted
26
in
determining
a
majority
protest.
If
written
protests
are
27
received
from
the
owners
or
authorized
agents
of
lodging
28
businesses
in
the
proposed
district
that
will
pay
fifty
percent
29
or
more
of
the
assessments
proposed
to
be
levied
and
protests
30
are
not
withdrawn
so
as
to
reduce
the
protests
to
less
than
31
fifty
percent,
no
further
proceedings
to
levy
the
proposed
32
assessment
against
such
lodging
businesses
shall
be
taken
for
a
33
period
of
one
year
from
the
date
of
the
finding
of
a
majority
34
protest
by
the
local
governing
body.
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6.
At
the
conclusion
of
the
public
hearing
to
establish
the
1
district,
the
local
governing
body
may
adopt,
revise,
change,
2
reduce,
or
modify
the
proposed
assessment
or
the
type
or
types
3
of
improvements
and
activities
to
be
funded
with
the
revenues
4
from
the
assessments.
Proposed
assessments
may
only
be
revised
5
by
reducing
all
of
the
assessments.
At
the
public
hearing,
the
6
local
governing
body
may
only
make
changes
in,
to,
or
from
the
7
boundaries
of
the
proposed
self-supported
tourism
improvement
8
district
that
will
exclude
territory
that
will
not
benefit
from
9
the
proposed
improvements
and
activities.
10
7.
If
the
local
governing
body,
following
the
public
11
hearing,
decides
to
establish
a
proposed
self-supported
tourism
12
improvement
district,
the
local
governing
body
shall
adopt
an
13
ordinance
that
shall
include
but
is
not
limited
to
all
of
the
14
following:
15
a.
A
brief
description
of
the
proposed
improvements
and
16
activities.
17
b.
The
amount
of
the
proposed
assessment.
18
c.
A
statement
on
whether
bonds
will
be
issued.
19
d.
A
description
of
the
exterior
boundaries
of
the
proposed
20
district,
which
may
be
made
by
reference
to
any
plan
or
21
map
that
is
on
file
with
the
clerk.
The
descriptions
and
22
statements
need
not
be
detailed
and
shall
be
sufficient
if
23
the
descriptions
and
statements
enable
an
owner
to
generally
24
identify
the
nature
and
extent
of
the
improvements
and
25
activities
and
the
location
and
extent
of
the
proposed
26
district.
27
e.
The
time
and
place
where
the
public
hearing
was
held
28
concerning
the
establishment
of
the
district.
29
f.
A
determination
regarding
any
protests
received.
30
The
municipality
shall
not
establish
the
district
or
levy
31
assessments
if
a
majority
protest
was
received
pursuant
to
this
32
chapter.
33
g.
A
statement
that
the
district
established
by
the
34
ordinance
shall
be
subject
to
any
amendments
to
this
chapter.
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h.
A
statement
that
the
improvements
and
activities
to
be
1
conferred
on
lodging
businesses
in
the
district
will
be
funded
2
by
the
levy
of
the
assessments.
3
i.
A
finding
that
the
lodging
businesses
within
the
area
of
4
the
self-supported
tourism
improvement
district
will
benefit
5
by
the
improvements
and
activities
funded
by
the
proposed
6
assessments.
7
8.
If
the
lodging
business
owners
or
authorized
8
representatives
within
the
proposed
district
that
collectively
9
represent
fifty
percent
or
more
of
the
proposed
district
that
10
will
pay
fifty
percent
or
more
of
the
assessments
proposed
11
to
be
levied
file
written
objections
to
the
establishment
12
of
the
district
with
the
clerk
of
the
municipality
within
13
thirty
days
after
the
ordinance
levying
the
assessment
is
14
adopted
pursuant
to
subsection
7,
the
municipality
shall
not
15
establish
the
district
or
levy
assessments.
The
clerk
may
16
waive
any
irregularity
in
the
form
or
content
of
any
written
17
objection.
A
written
objection
may
be
withdrawn
in
writing
at
18
any
time
before
the
conclusion
of
the
thirty-day
period.
Each
19
written
objection
shall
contain
a
description
of
the
lodging
20
business
in
which
the
person
supporting
the
objection
has
an
21
interest
in
that
is
sufficient
to
identify
the
lodging
business
22
and,
if
a
person
supporting
the
objection
is
not
shown
on
23
the
official
records
of
the
municipality
as
the
owner
of
the
24
lodging
business,
the
objection
shall
contain
or
be
accompanied
25
by
written
evidence
that
the
person
supporting
the
objection
26
is
the
owner
of
the
lodging
business
or
the
authorized
27
representative.
A
written
objection
that
does
not
comply
with
28
this
subsection
shall
not
be
counted
in
determining
a
majority
29
written
objection.
30
9.
The
validity
of
an
assessment
levied
under
this
chapter
31
shall
not
be
contested
in
an
action
or
proceeding
unless
the
32
action
or
proceeding
is
commenced
within
thirty
days
after
33
the
ordinance
levying
the
assessment
is
adopted
pursuant
to
34
this
chapter.
An
appeal
from
a
final
judgment
in
an
action
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or
proceeding
shall
be
perfected
within
thirty
days
after
the
1
entry
of
judgment.
2
Sec.
4.
NEW
SECTION
.
358D.4
Renewal.
3
1.
If
a
self-supported
tourism
improvement
district
4
expires
due
to
the
time
limit
set
pursuant
to
section
358D.3,
5
subsection
3,
a
new
district
plan
may
be
created
and
the
6
district
may
be
renewed
pursuant
to
this
chapter.
7
2.
Any
district’s
term
that
has
expired,
or
is
about
to
8
expire
in
the
near
future,
may
be
renewed
by
following
the
same
9
procedures
for
the
establishment
of
a
district
as
provided
in
10
this
chapter.
11
3.
Upon
renewal,
any
remaining
revenues
derived
from
the
12
levy
of
assessments,
or
any
revenues
derived
from
the
sale
of
13
assets
acquired
with
the
revenues,
shall
be
transferred
to
the
14
renewed
district.
If
the
renewed
district
includes
additional
15
lodging
businesses
not
included
in
the
prior
district,
the
16
remaining
revenues
shall
be
spent
to
benefit
only
the
lodging
17
businesses
in
the
prior
district.
If
the
renewed
district
does
18
not
include
lodging
businesses
included
in
the
prior
district,
19
the
remaining
revenues
attributable
to
these
lodging
businesses
20
shall
be
spent
consistent
with
the
prior
district
plan.
21
4.
Upon
renewal,
a
district
shall
have
a
term
not
to
22
exceed
twenty
years
or,
if
the
district
is
authorized
to
issue
23
bonds,
until
the
maximum
maturity
of
those
bonds.
There
is
no
24
requirement
that
the
boundaries,
assessments,
improvements,
or
25
activities
of
a
renewed
district
be
the
same
as
the
original
26
or
prior
district.
27
Sec.
5.
NEW
SECTION
.
358D.5
Modification.
28
1.
The
owners’
association
may,
at
any
time,
request
that
29
the
local
governing
body
modify
the
district.
Any
modification
30
of
the
district
shall
be
made
pursuant
to
this
section.
31
2.
Upon
the
written
request
of
the
owners’
association,
the
32
local
governing
body
may
modify
the
district
after
conducting
33
one
public
hearing
on
the
proposed
modifications.
34
3.
If
the
modification
includes
the
levy
of
a
new
or
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increased
assessment,
the
local
governing
body
shall
comply
1
with
section
358D.3,
subsections
4
and
5.
2
4.
For
modifications
that
do
not
include
the
levy
of
a
new
3
or
increased
assessment,
the
clerk
shall
send
a
notice
of
the
4
public
hearing
on
the
proposed
modification
by
mail
to
the
5
lodging
business
owners
proposed
to
be
assessed.
The
notice
6
must
state:
7
a.
A
general
description
of
the
proposed
modification.
8
b.
The
place,
date,
and
time
of
the
local
governing
body
9
hearing
pursuant
to,
subsection
2,
which
shall
be
held
at
least
10
thirty
days
after
the
date
of
mailing
of
the
notices.
11
5.
Any
modification
shall
be
reflected
in
an
updated
12
district
plan
to
be
on
file
and
available
for
inspection
with
13
the
clerk.
14
Sec.
6.
NEW
SECTION
.
358D.6
Bonds.
15
1.
a.
The
local
governing
body
may,
by
resolution,
16
determine
and
declare
that
bonds
shall
be
issued
to
finance
17
the
estimated
cost
of
some
or
all
of
the
proposed
improvements
18
described
in
the
ordinance
adopted
pursuant
to
section
358D.3,
19
subsection
7.
20
b.
The
resolution
adopted
pursuant
to
this
section
shall
21
generally
describe
the
proposed
improvements
specified
in
the
22
ordinance
adopted
pursuant
to
section
358D.3,
subsection
7,
set
23
forth
the
estimated
cost
of
those
improvements,
and
specify
the
24
number
of
annual
installments
and
the
fiscal
years
it
will
take
25
to
pay
off
the
bonds.
26
2.
Notwithstanding
any
other
provision
of
this
chapter,
27
assessments
levied
to
pay
the
principal
and
interest
on
any
28
bond
issued
pursuant
to
this
chapter
shall
not
be
reduced
29
or
terminated
if
doing
so
would
interfere
with
the
timely
30
retirement
of
the
debt.
31
Sec.
7.
NEW
SECTION
.
358D.7
Annual
reports.
32
1.
The
owners’
association
shall
prepare
a
report
for
33
each
fiscal
year,
except
the
first
fiscal
year,
for
which
34
assessments
are
to
be
levied
and
collected
to
pay
the
costs
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of
the
improvements
and
activities
described
in
the
report.
1
The
owners’
association’s
first
report
shall
be
due
three
2
months
after
the
last
day
of
the
first
year
of
operation
of
the
3
district,
and
on
that
day
each
year
thereafter
the
district
is
4
in
operation.
5
2.
The
report
shall
be
filed
with
the
clerk
and
shall
refer
6
to
the
self-supported
tourism
improvement
district
by
name,
7
specify
the
fiscal
year
to
which
the
report
applies,
and,
with
8
respect
to
that
fiscal
year,
shall
contain
all
of
the
following
9
information:
10
a.
Improvements
and
activities
that
were
provided
in
the
11
previous
fiscal
year.
12
b.
An
estimate
of
the
cost
of
providing
the
improvements
and
13
activities
for
the
previous
fiscal
year.
14
c.
The
estimated
amount
of
any
surplus
or
deficit
from
15
the
previous
fiscal
year.
The
amount
of
surplus
or
deficit
16
shall
be
calculated
based
on
subtracting
the
previous
year’s
17
expenditures
from
the
revenues
of
the
previous
year.
18
d.
Any
proposed
changes
to
the
assessment
or
improvements
or
19
activities
that
are
authorized
in
accordance
with
the
district
20
plan.
21
3.
The
local
governing
body
may
approve
the
report
as
filed
22
by
the
owners’
association.
23
Sec.
8.
NEW
SECTION
.
358D.8
Repeal.
24
1.
Any
district
established
or
extended
pursuant
to
the
25
provisions
of
this
chapter,
where
there
is
no
indebtedness,
26
outstanding
and
unpaid,
incurred
to
accomplish
any
of
the
27
purposes
of
the
district,
may
be
repealed
by
the
local
28
governing
body
in
either
of
the
following
circumstances:
29
a.
If
the
local
governing
body
finds
there
has
been
30
misappropriation
of
funds,
malfeasance,
or
a
violation
of
law
31
in
connection
with
the
management
of
the
district,
the
local
32
governing
body
shall
provide
notice
to
the
public
about
the
33
hearing
on
the
proposed
repeal.
34
b.
During
the
operation
of
the
district,
there
shall
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be
a
thirty-day
period
each
year
in
which
assessed
lodging
1
businesses
may
request
repeal
of
the
establishment
of
the
2
district.
The
first
such
period
shall
begin
one
year
after
3
the
date
of
establishment
of
the
district
and
shall
continue
4
for
thirty
days.
The
next
such
thirty-day
period
shall
begin
5
two
years
after
the
date
of
the
establishment
of
the
district.
6
Each
successive
year
of
operation
of
the
district
shall
have
7
such
a
thirty-day
period.
Upon
the
written
petition
of
the
8
owners
or
authorized
representatives
of
lodging
businesses
in
9
the
district
who
pay
fifty
percent
or
more
of
the
assessments
10
levied
during
the
thirty-day
period,
the
local
governing
body
11
provide
notice
of
the
proposed
repeal,
and
shall
hold
a
hearing
12
about
the
proposed
repeal.
13
2.
The
local
governing
body
shall
hold
a
public
hearing
14
to
repeal
the
district.
The
notice
of
the
hearing
on
repeal
15
required
by
this
chapter
shall
be
given
by
mail
to
the
owner
of
16
each
lodging
business
subject
to
assessment
in
the
district,
17
as
appropriate.
The
municipality
shall
conduct
the
public
18
hearing
not
less
than
thirty
days
after
mailing
the
notice
to
19
the
lodging
business
owners.
20
3.
Upon
repeal
or
expiration
without
renewal
of
a
district,
21
any
remaining
revenues,
after
all
outstanding
debts
are
paid,
22
derived
from
the
levy
of
assessments,
or
derived
from
the
sale
23
of
assets
acquired
with
the
revenues,
or
from
bond
reserve
24
or
construction
funds,
shall
be
expended
consistent
with
the
25
district
plan.
26
Sec.
9.
NEW
SECTION
.
358D.9
Independent
provisions.
27
1.
This
chapter
provides
an
alternative
method
of
financing
28
certain
improvements
and
activities.
The
provisions
of
this
29
chapter
shall
not
affect
or
limit
any
other
provisions
of
law
30
authorizing
or
providing
for
the
furnishing
of
improvements
or
31
activities
or
the
raising
of
revenue
for
these
purposes.
32
2.
Any
provision
of
this
chapter
that
conflicts
with
any
33
other
provision
of
law
shall
prevail
over
the
other
provision
34
of
law
as
to
districts
created
under
this
chapter.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
authorizes
a
self-supported
tourism
improvement
4
district
(district).
5
The
bill
allows
a
levy
(assessment)
upon
lodging
businesses
6
for
the
purpose
of
acquiring,
constructing,
installing,
or
7
maintaining
improvements
and
providing
activities
that
will
8
provide
certain
benefits
to
lodging
businesses
located
within
9
the
district.
10
The
bill
defines
“activities”
to
include
promotion
of
public
11
events,
promotion
of
tourism
within
the
district,
promotion
12
of
business
activities,
marketing,
workforce
development,
and
13
other
related
services.
14
The
district
is
created
by
action
of
the
local
governing
body
15
where
the
district
is
located.
The
bill
establishes
specific
16
criteria
including
a
map
of
the
area
that
would
comprise
the
17
district,
the
rate
and
structure
of
the
assessment,
and
the
18
expiration
of
the
district.
The
assessments
shall
be
assessed
19
on
the
basis
of
the
estimated
benefit
to
the
lodging
business
20
within
the
district.
21
A
protest
of
a
district
plan
may
be
made
by
any
interested
22
person,
and
the
bill
specifies
procedures
for
when
a
protest
is
23
made
by
a
person.
24
If
the
lodging
business
owners
or
their
authorized
25
representatives
within
the
proposed
district
that
collectively
26
represent
more
than
50
percent
or
more
of
the
assessments
to
be
27
paid
file
a
written
objection,
the
bill
establishes
procedures
28
for
when
such
an
objection
is
made.
29
The
bill
allows
a
local
governing
body
to
modify
the
30
district,
and
establishes
procedures
for
renewal
of
a
district
31
set
to
expire.
32
The
bill
allows
a
local
governing
body
to
issue
bonds
by
33
resolution
to
finance
the
estimated
costs
of
the
proposed
34
improvements
in
the
district.
35
-14-
LSB
1315HZ
(2)
91
jm/jh
14/
15
H.F.
1051
The
bill
requires
the
authorized
representative
of
the
1
district
to
file
an
annual
report
with
the
governing
body
2
establishing
the
district.
3
The
local
governing
body
may
repeal
the
existence
of
the
4
district
based
upon
law
violations
or
malfeasance,
if
no
5
indebtedness
exists,
and
proper
notification
has
been
provided.
6
-15-
LSB
1315HZ
(2)
91
jm/jh
15/
15