Text: H08937 Text: H08939 Text: H08900 - H08999 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2538 as follows:
1 2 #1. Page 3, by inserting after line 23 the
1 3 following:
1 4 "Sec. . NEW SECTION. 15E.193B ALTERNATIVE
1 5 ELIGIBLE BUSINESS CRITERIA.
1 6 1. A business which is not located in an
1 7 enterprise zone is eligible to receive incentives and
1 8 assistance under section 15E.196 if the business has
1 9 not closed or reduced its operation in one area of the
1 10 state and relocated substantially the same operation
1 11 in a location which qualifies the business under this
1 12 section and if the business meets all of the following
1 13 criteria:
1 14 a. Satisfies the requirements in section 15E.193,
1 15 subsection 1, paragraphs "a", "b", "d", and "e".
1 16 b. Is located in a city with a population between
1 17 eight thousand five hundred and twenty-four thousand.
1 18 c. Is located in a city which is not more than
1 19 thirty-five miles from an existing enterprise zone in
1 20 this state or an equivalent zone in an adjacent state.
1 21 d. Satisfies the requirement in section 15.329,
1 22 subsection 1, paragraph "d".
1 23 2. A business which is eligible under this section
1 24 may submit an application for incentives and
1 25 assistance to the department of economic development.
1 26 As part of the application, the business shall submit
1 27 information relating the requirements listed in
1 28 subsection 1 and in section 15E.193, subsection 2.
1 29 The department may approve, defer, or deny the
1 30 application.
1 31 3. If a business has received incentives or
1 32 assistance under section 15E.196 and fails to maintain
1 33 the requirements of subsection 1 to be an eligible
1 34 business, the business is subject to repayment of all
1 35 or a portion of the incentives and assistance that it
1 36 has received. The city or county, as applicable,
1 37 shall have the authority to take action to recover the
1 38 value of taxes not collected as a result of an
1 39 exemption provided by the community to the business.
1 40 The department of revenue and finance shall have the
1 41 authority to recover the value of state taxes or
1 42 incentives provided under section 15E.196. The value
1 43 of state incentives provided under section 15E.196
1 44 includes applicable interest and penalties. The
1 45 department of economic development and the city and
1 46 county, as applicable, shall enter into agreements
1 47 with the business specifying the method for
1 48 determining the amount of incentives or assistance
1 49 paid which will be repaid in the event of failure to
1 50 maintain the requirements of subsection 1. In
2 1 addition, a business that fails to maintain the
2 2 requirements of subsection 1 shall not receive
2 3 incentives or assistance for each year during which
2 4 the business is not in compliance.
2 5 4. In making its decision regarding an
2 6 application, the department of economic development
2 7 shall consider the impact of the eligible business on
2 8 other businesses in competition with it and compare
2 9 the compensation package of businesses in competition
2 10 with the business being considered for incentives or
2 11 assistance. The department shall make a good faith
2 12 effort to identify existing Iowa businesses within an
2 13 industry in competition with the business being
2 14 considered for incentives or assistance. The
2 15 department shall also make a good faith effort to
2 16 determine the probability that the proposed incentives
2 17 or assistance will displace employees of existing
2 18 businesses. In determining the impact on businesses
2 19 in competition with the business seeking incentives or
2 20 assistance, jobs created as a result of other jobs
2 21 being displaced elsewhere in the state shall not be
2 22 considered direct jobs created.
2 23 However, if the department finds that an eligible
2 24 business has a record of violations of the law,
2 25 including but not limited to environmental and worker
2 26 safety statutes, rules, and regulations, over a period
2 27 of time that tends to show a consistent pattern, the
2 28 eligible business shall not qualify for incentives or
2 29 assistance under section 15E.196, unless the
2 30 department finds that the violations did not seriously
2 31 affect public health or safety or the environment, or
2 32 if it did that there were mitigating circumstances.
2 33 In making the findings and determinations regarding
2 34 violations, mitigating circumstances, and whether an
2 35 eligible business is eligible for incentives or
2 36 assistance under section 15E.196, the department is
2 37 exempt from chapter 17A. If requested by the
2 38 department, the business shall provide copies of
2 39 materials documenting the type of violation, any fees
2 40 or penalties assessed, court filings, final
2 41 disposition of any findings, and any other information
2 42 which would assist the department in assessing the
2 43 nature of any violation.
2 44 5. A business that is approved to receive
2 45 incentives or assistance shall, for the length of its
2 46 designation as an enterprise zone business, certify
2 47 annually to the department of economic development its
2 48 compliance with the requirements of this section."
2 49 #2. By renumbering as necessary.
2 50
3 1
3 2
3 3 WISE of Lee
3 4 HF 2538.203 77
3 5 tm/jl/28
Text: H08937 Text: H08939 Text: H08900 - H08999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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