Text: S05697 Text: S05699 Text: S05600 - S05699 Text: S 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 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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