Text: H09008 Text: H09010 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the Senate amendment, H-8994, to House File
1 2 2164, as passed by the House, as follows:
1 3 #1. Page 1, by inserting after line 35 the
1 4 following:
1 5 "Sec. . NEW SECTION. 15E.193A ALTERNATIVE
1 6 ELIGIBLE BUSINESS CRITERIA.
1 7 1. A business which is not located in an
1 8 enterprise zone is eligible to receive incentives and
1 9 assistance under section 15E.196 if the business has
1 10 not closed or reduced its operation in one area of the
1 11 state and relocated substantially the same operation
1 12 in a location which qualifies the business under this
1 13 section and if the business meets all of the following
1 14 criteria:
1 15 a. Satisfies the requirements in section 15E.193,
1 16 subsection 1, paragraphs "a", "b", "d", and "e".
1 17 b. Is or will be located in a city with a
1 18 population between eight thousand and twenty-four
1 19 thousand as determined by population estimates by the
1 20 United States bureau of the census for the year of
1 21 1995.
1 22 c. Is or will be located in a city which is not
1 23 more than thirty-five miles from an existing
1 24 enterprise zone in this state or an equivalent zone in
1 25 an adjacent state.
1 26 d. Satisfies the requirement in section 15.329,
1 27 subsection 1, paragraph "d".
1 28 e. Is or will be located in an area which meets
1 29 two of the criteria listed in section 15E.194,
1 30 subsection 2.
1 31 f. Receives approval by ordinance or resolution
1 32 from the city in which the project is located.
1 33 2. After approval of a project by ordinance or
1 34 resolution, the city shall submit an application for
1 35 incentives and assistance to the department of
1 36 economic development. As part of the application, the
1 37 city shall submit information relating the
1 38 requirements listed in subsection 1 and in section
1 39 15E.193, subsection 2. The department may approve,
1 40 defer, or deny the application.
1 41 3. If a business has received incentives or
1 42 assistance under section 15E.196 and fails to maintain
1 43 the requirements of subsection 1 to be an eligible
1 44 business, the business is subject to repayment of all
1 45 or a portion of the incentives and assistance that it
1 46 has received. The city shall have the authority to
1 47 take action to recover the value of taxes not
1 48 collected as a result of an exemption provided by the
1 49 community to the business. The department of revenue
1 50 and finance shall have the authority to recover the
2 1 value of state taxes or incentives provided under
2 2 section 15E.196. The value of state incentives
2 3 provided under section 15E.196 includes applicable
2 4 interest and penalties. The department of economic
2 5 development and the city shall enter into agreements
2 6 with the business specifying the method for
2 7 determining the amount of incentives or assistance
2 8 paid which will be repaid in the event of failure to
2 9 maintain the requirements of subsection 1. In
2 10 addition, a business that fails to maintain the
2 11 requirements of subsection 1 shall not receive
2 12 incentives or assistance for each year during which
2 13 the business is not in compliance.
2 14 4. In making its decision regarding an
2 15 application, the department of economic development
2 16 shall consider the impact of the eligible business on
2 17 other businesses in competition with it and compare
2 18 the compensation package of businesses in competition
2 19 with the business being considered for incentives or
2 20 assistance. The department shall make a good faith
2 21 effort to identify existing Iowa businesses within an
2 22 industry in competition with the business being
2 23 considered for incentives or assistance. The
2 24 department shall also make a good faith effort to
2 25 determine the probability that the proposed incentives
2 26 or assistance will displace employees of existing
2 27 businesses. In determining the impact on businesses
2 28 in competition with the business seeking incentives or
2 29 assistance, jobs created as a result of other jobs
2 30 being displaced elsewhere in the state shall not be
2 31 considered direct jobs created.
2 32 However, if the department finds that an eligible
2 33 business has a record of violations of the law,
2 34 including but not limited to environmental and worker
2 35 safety statutes, rules, and regulations, over a period
2 36 of time that tends to show a consistent pattern, the
2 37 eligible business shall not qualify for incentives or
2 38 assistance under section 15E.196, unless the
2 39 department finds that the violations did not seriously
2 40 affect public health or safety or the environment, or
2 41 if it did that there were mitigating circumstances.
2 42 In making the findings and determinations regarding
2 43 violations, mitigating circumstances, and whether an
2 44 eligible business is eligible for incentives or
2 45 assistance under section 15E.196, the department is
2 46 exempt from chapter 17A. If requested by the
2 47 department, the business shall provide copies of
2 48 materials documenting the type of violation, any fees
2 49 or penalties assessed, court filings, final
2 50 disposition of any findings, and any other information
3 1 which would assist the department in assessing the
3 2 nature of any violation.
3 3 5. A business that is approved to receive
3 4 incentives or assistance shall, for the length of its
3 5 designation as an enterprise zone business, certify
3 6 annually to the department of economic development its
3 7 compliance with the requirements of this section."
3 8 #2. By renumbering as necessary.
3 9
3 10
3 11
3 12 WISE of Lee
3 13
3 14
3 15
3 16 HEATON of Henry
3 17
3 18
3 19
3 20 LARKIN of Lee
3 21 HF 2164.305 77
3 22 tm/cf/28
Text: H09008 Text: H09010 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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