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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