Text: HSB00646                          Text: HSB00648
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 647

Bill Text

PAG LIN
  1  1    Section 1.  Section 15E.193, subsection 2, unnumbered
  1  2 paragraph 1, Code Supplement 1997, is amended to read as
  1  3 follows:
  1  4    In addition to meeting the requirements under subsection 1,
  1  5 an eligible business located within or requesting to locate
  1  6 within an enterprise zone designated by a county shall provide
  1  7 to the enterprise zone commission with and an eligible
  1  8 business located within or requesting to locate within an
  1  9 enterprise zone designated by a city shall provide to the city
  1 10 all of the following:
  1 11    Sec. 2.  Section 15E.195, Code Supplement 1997, is amended
  1 12 to read as follows:
  1 13    15E.195  ENTERPRISE ZONE COMMISSION.
  1 14    1.  A county in which an eligible enterprise zone is
  1 15 certified shall establish an enterprise zone commission to
  1 16 review applications from qualified businesses located within
  1 17 or requesting to locate within an enterprise zone to receive
  1 18 incentives or assistance as provided in section 15E.196.  The
  1 19 commission shall consist of nine members.  Five of these
  1 20 members shall consist of one representative of the board of
  1 21 supervisors, one member with economic development expertise
  1 22 chosen by the department of economic development, one
  1 23 representative of the county zoning board, one member of the
  1 24 local community college board of directors, and one
  1 25 representative of the local workforce development center.
  1 26 These five members shall select the remaining four members.
  1 27 If the enterprise zone consists of an area meeting the
  1 28 requirements for eligibility for an urban or rural enterprise
  1 29 community under Title XIII of the federal Omnibus Budget
  1 30 Reconciliation Act of 1993, one of the remaining four members
  1 31 shall be a representative of that zone.  However, if the
  1 32 enterprise zone qualifies under the city criteria, one of the
  1 33 four members shall be a representative of an international
  1 34 labor organization and if an enterprise zone is located in any
  1 35 city, a an additional representative, chosen by the city
  2  1 council, of each such city may shall be a member of the
  2  2 commission.  A county shall have only one enterprise zone
  2  3 commission.
  2  4    2.  The If a county designates a certified eligible
  2  5 enterprise zone, the commission may adopt more stringent
  2  6 requirements, including requirements related to compensation
  2  7 and benefits, for a business to be eligible for incentives or
  2  8 assistance than provided in section 15E.193.  If a city
  2  9 designates a certified eligible enterprise zone, the city may
  2 10 submit to the commission more stringent requirements,
  2 11 including requirements related to compensation and benefits,
  2 12 for a business to be eligible for incentives or assistance
  2 13 than provided in section 15E.193.  The commission shall adopt
  2 14 the more stringent eligibility requirements submitted by the
  2 15 city.  The commission or city, as applicable, may develop as
  2 16 an additional requirement that preference in hiring be given
  2 17 to individuals who live within the enterprise zone.  The
  2 18 commission or city, as applicable, shall work with the local
  2 19 workforce development center to determine the labor
  2 20 availability in the area.
  2 21    3.  If a county designates a certified eligible enterprise
  2 22 zone and the enterprise zone commission determines that a
  2 23 business qualifies for inclusion in an the enterprise zone
  2 24 designated by the county and is eligible to receive incentives
  2 25 or assistance as provided in section 15E.196, the commission
  2 26 shall submit an application for incentives or assistance to
  2 27 the department of economic development.  If a city designates
  2 28 a certified eligible enterprise zone and the city determines
  2 29 that a business qualifies for inclusion in the enterprise zone
  2 30 designated by the city and is eligible to receive incentives
  2 31 or assistance as provided in section 15E.196, the city shall
  2 32 submit an application for incentives or assistance to the
  2 33 commission.  If the enterprise zone commission determines that
  2 34 the business qualifies for inclusion in the enterprise zone
  2 35 designated by the city and is eligible to receive incentives
  3  1 or assistance provided for in section 15E.196, the commission
  3  2 shall submit the application for incentives or assistance
  3  3 submitted by the city, without modification, to the department
  3  4 of economic development.  The department may approve, defer,
  3  5 or deny the application.
  3  6    4.  In making its decision, the commission, city, or
  3  7 department shall consider the impact of the eligible business
  3  8 on other businesses in competition with it and compare the
  3  9 compensation package of businesses in competition with the
  3 10 business being considered for incentives or assistance.  The
  3 11 commission, city, or department shall make a good faith effort
  3 12 to identify existing Iowa businesses within an industry in
  3 13 competition with the business being considered for incentives
  3 14 or assistance.  The commission, city, or department shall also
  3 15 make a good faith effort to determine the probability that the
  3 16 proposed incentives or assistance will displace employees of
  3 17 existing businesses.  In determining the impact on businesses
  3 18 in competition with the business seeking incentives or
  3 19 assistance, jobs created as a result of other jobs being
  3 20 displaced elsewhere in the state shall not be considered
  3 21 direct jobs created.
  3 22    However, if the commission, city, or department finds that
  3 23 an eligible business has a record of violations of the law,
  3 24 including but not limited to environmental and worker safety
  3 25 statutes, rules, and regulations, over a period of time that
  3 26 tends to show a consistent pattern, the eligible business
  3 27 shall not qualify for incentives or assistance under section
  3 28 15E.196, unless the commission, city, or department finds that
  3 29 the violations did not seriously affect public health or
  3 30 safety or the environment, or if it did that there were
  3 31 mitigating circumstances.  In making the findings and
  3 32 determinations regarding violations, mitigating circumstances,
  3 33 and whether an eligible business is eligible for incentives or
  3 34 assistance under section 15E.196, the commission, city, or
  3 35 department shall be exempt from chapter 17A.  If requested by
  4  1 the commission, city, or department, the business shall
  4  2 provide copies of materials documenting the type of violation,
  4  3 any fees or penalties assessed, court filings, final
  4  4 disposition of any findings and any other information which
  4  5 would assist the commission, city, or department in assessing
  4  6 the nature of any violation.
  4  7    5.  A business that is approved to receive incentives or
  4  8 assistance shall, for the length of its designation as an
  4  9 enterprise zone business, certify annually to the county or
  4 10 city, as applicable, and the department of economic
  4 11 development, its compliance with the requirements of section
  4 12 15E.193.
  4 13    Sec. 3.  Section 15E.196, subsection 5, Code Supplement
  4 14 1997, is amended to read as follows:
  4 15    5.  The county or city for which an which designates a
  4 16 certified eligible enterprise zone is certified may exempt
  4 17 from all property taxation all or a portion of the value added
  4 18 to the property upon which an eligible business locates or
  4 19 expands in an enterprise zone and which is used in the
  4 20 operation of the eligible business.  The county or city, as
  4 21 applicable, may offer different tax exemption schedules to
  4 22 eligible businesses within the enterprise zones based on the
  4 23 exempt portion of value added to the property and the duration
  4 24 of the exemption.  The amount of value added for purposes of
  4 25 this subsection shall be the amount of the increase in
  4 26 assessed valuation of the property following the location or
  4 27 expansion of the business in the enterprise zone.  The
  4 28 exemption may be allowed for a period not to exceed ten years
  4 29 beginning the year the eligible business enters into an
  4 30 agreement with the county or city to locate or expand
  4 31 operations in an enterprise zone.  The tax exemption for value
  4 32 added to the property that are available to an eligible
  4 33 business under this section, chapter 404, and chapter 427B in
  4 34 the aggregate shall be limited to a period that does not
  4 35 exceed ten years.  
  5  1                           EXPLANATION
  5  2    This bill amends the economic development enterprise zone
  5  3 legislation enacted during the 1997 legislative session.
  5  4    The bill provides that a city which designates a certified
  5  5 enterprise zone with duties and powers equivalent to those
  5  6 granted to counties which designate certified enterprise
  5  7 zones.  These duties and powers include requiring an eligible
  5  8 business to submit relevant information to the city, allowing
  5  9 the city to submit more stringent eligibility requirements for
  5 10 eligible businesses, and allowing the city to determine which
  5 11 eligible businesses qualify for certain incentives and
  5 12 assistance.
  5 13    The bill amends the eligible business incentives relating
  5 14 to property tax exemptions.  The bill allows a county or city
  5 15 to offer different tax exemption schedules to eligible
  5 16 businesses within an enterprise zone.  The bill limits tax
  5 17 exemptions for value added to the property available to a
  5 18 business under the enterprise zone legislation and other tax
  5 19 exemptions in the Code to a period not exceeding 10 years.  
  5 20 LSB 3653HC 77
  5 21 tm/cf/24
     

Text: HSB00646                          Text: HSB00648
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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