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House Amendment 9009

Amendment Text

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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