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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