Text: S05697                            Text: S05699
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5698

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 20 the
  1  4 following:
  1  5    "Sec. ___.  Section 15E.193, subsection 1,
  1  6 paragraph a, Code Supplement 1997, is amended to read
  1  7 as follows:
  1  8    a.  Is not a retail business or a business where
  1  9 entrance is limited by a cover charge or membership
  1 10 requirement."
  1 11    #2. Page 1, by inserting after line 35 the
  1 12 following:
  1 13    "Sec. ___.  Section 15E.193, subsection 1,
  1 14 paragraph d, Code Supplement 1997, is amended to read
  1 15 as follows:
  1 16    d.  Creates at least ten full-time positions and
  1 17 maintains them for at least ten years.  For an
  1 18 existing business in counties with a population of ten
  1 19 thousand or less or in cities with a population of two
  1 20 thousand of less, the commission may adopt a provision
  1 21 that allows the business to create at least five
  1 22 initial jobs with the additional jobs to be added in
  1 23 five years.  The business shall include in its
  1 24 strategic plan the timeline for job creation.  If the
  1 25 existing business fails to meet the ten-job creation
  1 26 requirement within the five-year period, all
  1 27 incentives or assistance will cease immediately."
  1 28    #3.  Page 1, by inserting after line 35 the
  1 29 following:
  1 30    "Sec.    .  NEW SECTION.  15E.193A  ALTERNATIVE
  1 31 ELIGIBLE BUSINESS CRITERIA.
  1 32    1.  A business which is not located in an
  1 33 enterprise zone is eligible to receive incentives and
  1 34 assistance under section 15E.196 if the business has
  1 35 not closed or reduced its operation in one area of the
  1 36 state and relocated substantially the same operation
  1 37 in a location which qualifies the business under this
  1 38 section and if the business meets all of the following
  1 39 criteria:
  1 40    a.  Satisfies the requirements in section 15E.193,
  1 41 subsection 1, paragraphs "a", "b", "d", and "e".
  1 42    b.  Is or will be located in a city with a
  1 43 population between eight thousand and twenty-four
  1 44 thousand as determined by population estimates by the
  1 45 United States bureau of the census for the year of
  1 46 1995.
  1 47    c.  Is or will be located in a city which is not
  1 48 more than thirty-five miles from an existing
  1 49 enterprise zone in this state or an equivalent zone in
  1 50 an adjacent state.
  2  1    d.  Satisfies the requirement in section 15.329,
  2  2 subsection 1, paragraph "d".
  2  3    e.  Is or will be located in an area which meets
  2  4 two of the criteria listed in section 15E.194,
  2  5 subsection 2.
  2  6    f.  Receives approval by ordinance or resolution
  2  7 from the city in which the project is located.
  2  8    2.  After approval of a project by ordinance or
  2  9 resolution, the city shall submit an application for
  2 10 incentives and assistance to the department of
  2 11 economic development.  As part of the application, the
  2 12 city shall submit information relating the
  2 13 requirements listed in subsection 1 and in section
  2 14 15E.193, subsection 2.  The department may approve,
  2 15 defer, or deny the application.
  2 16    3.  If a business has received incentives or
  2 17 assistance under section 15E.196 and fails to maintain
  2 18 the requirements of subsection 1 to be an eligible
  2 19 business, the business is subject to repayment of all
  2 20 or a portion of the incentives and assistance that it
  2 21 has received.  The city shall have the authority to
  2 22 take action to recover the value of taxes not
  2 23 collected as a result of an exemption provided by the
  2 24 community to the business.  The department of revenue
  2 25 and finance shall have the authority to recover the
  2 26 value of state taxes or incentives provided under
  2 27 section 15E.196.  The value of state incentives
  2 28 provided under section 15E.196 includes applicable
  2 29 interest and penalties.  The department of economic
  2 30 development and the city shall enter into agreements
  2 31 with the business specifying the method for
  2 32 determining the amount of incentives or assistance
  2 33 paid which will be repaid in the event of failure to
  2 34 maintain the requirements of subsection 1.  In
  2 35 addition, a business that fails to maintain the
  2 36 requirements of subsection 1 shall not receive
  2 37 incentives or assistance for each year during which
  2 38 the business is not in compliance.
  2 39    4.  In making its decision regarding an
  2 40 application, the department of economic development
  2 41 shall consider the impact of the eligible business on
  2 42 other businesses in competition with it and compare
  2 43 the compensation package of businesses in competition
  2 44 with the business being considered for incentives or
  2 45 assistance.  The department shall make a good faith
  2 46 effort to identify existing Iowa businesses within an
  2 47 industry in competition with the business being
  2 48 considered for incentives or assistance.  The
  2 49 department shall also make a good faith effort to
  2 50 determine the probability that the proposed incentives
  3  1 or assistance will displace employees of existing
  3  2 businesses.  In determining the impact on businesses
  3  3 in competition with the business seeking incentives or
  3  4 assistance, jobs created as a result of other jobs
  3  5 being displaced elsewhere in the state shall not be
  3  6 considered direct jobs created.
  3  7    However, if the department finds that an eligible
  3  8 business has a record of violations of the law,
  3  9 including but not limited to environmental and worker
  3 10 safety statutes, rules, and regulations, over a period
  3 11 of time that tends to show a consistent pattern, the
  3 12 eligible business shall not qualify for incentives or
  3 13 assistance under section 15E.196, unless the
  3 14 department finds that the violations did not seriously
  3 15 affect public health or safety or the environment, or
  3 16 if it did that there were mitigating circumstances.
  3 17 In making the findings and determinations regarding
  3 18 violations, mitigating circumstances, and whether an
  3 19 eligible business is eligible for incentives or
  3 20 assistance under section 15E.196, the department is
  3 21 exempt from chapter 17A.  If requested by the
  3 22 department, the business shall provide copies of
  3 23 materials documenting the type of violation, any fees
  3 24 or penalties assessed, court filings, final
  3 25 disposition of any findings, and any other information
  3 26 which would assist the department in assessing the
  3 27 nature of any violation.
  3 28    5.  A business that is approved to receive
  3 29 incentives or assistance shall, for the length of its
  3 30 designation as an enterprise zone business, certify
  3 31 annually to the department of economic development its
  3 32 compliance with the requirements of this section."
  3 33    #4.  Page 3, line 35, by striking the word "to".
  3 34    #5.  By renumbering, relettering, or redesignating
  3 35 and correcting internal references as necessary.  
  3 36 HF 2164H
  3 37 tm/pk/25
     

Text: S05697                            Text: S05699
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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