Text: H08937                            Text: H08939
Text: H08900 - H08999                   Text: H Index
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House Amendment 8938

Amendment Text

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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