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Senate Amendment 5817

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5680, to House File 2395, as
  1  2 amended, passed, and reprinted by the House, as
  1  3 follows:
  1  4    #1.  Page 3, by inserting after line 18 the
  1  5 following:
  1  6    "Sec. ___.  Section 15E.195, Code Supplement 1997,
  1  7 is amended to read as follows:
  1  8    15E.195  ENTERPRISE ZONE COMMISSION.
  1  9    1.  A county which designates an enterprise zone
  1 10 pursuant to section 15E.194, subsection 1, and in
  1 11 which an eligible enterprise zone is certified shall
  1 12 establish an enterprise zone commission to review
  1 13 applications from qualified businesses located within
  1 14 or requesting to locate within an enterprise zone
  1 15 designated pursuant to section 15E.194, subsection 1,
  1 16 to receive incentives or assistance as provided in
  1 17 section 15E.196.  The enterprise zone commission shall
  1 18 also review applications from qualified housing
  1 19 businesses requesting to receive incentives or
  1 20 assistance as provided in section 15E.193A.  The
  1 21 commission shall consist of nine members.  Five of
  1 22 these members shall consist of one representative of
  1 23 the board of supervisors, one member with economic
  1 24 development expertise chosen by the department of
  1 25 economic development, one representative of the county
  1 26 zoning board, one member of the local community
  1 27 college board of directors, and one representative of
  1 28 the local workforce development center.  These five
  1 29 members shall select the remaining four members.  If
  1 30 the enterprise zone consists of an area meeting the
  1 31 requirements for eligibility for an urban or rural
  1 32 enterprise community under Title XIII of the federal
  1 33 Omnibus Budget Reconciliation Act of 1993, one of the
  1 34 remaining four members shall be a representative of
  1 35 that zone community.  However, if the enterprise zone
  1 36 qualifies under the city criteria, one of the four
  1 37 members shall be a representative of an international
  1 38 labor organization and if an enterprise zone is
  1 39 located in any city, a representative, chosen by the
  1 40 city council, of each such city may be a member of the
  1 41 commission.  A county shall have only one enterprise
  1 42 zone commission to review applications for incentives
  1 43 and assistance for businesses located within or
  1 44 requesting to locate within a certified enterprise
  1 45 zone designated pursuant to section 15E.194,
  1 46 subsection 1.
  1 47    2.  The commission may adopt more stringent
  1 48 requirements, including requirements related to
  1 49 compensation and benefits, for a business to be
  1 50 eligible for incentives or assistance than provided in
  2  1 section sections 15E.193 and 15E.193A.  The commission
  2  2 may develop as an additional requirement that
  2  3 preference in hiring be given to individuals who live
  2  4 within the enterprise zone.  The commission shall work
  2  5 with the local workforce development center to
  2  6 determine the labor availability in the area.  The
  2  7 commission shall examine and evaluate building codes
  2  8 and zoning in the enterprise zone and make
  2  9 recommendations to the appropriate governing body in
  2 10 an effort to promote more affordable housing
  2 11 development.
  2 12    3.  If the enterprise zone commission determines
  2 13 that a business qualifies for inclusion in an
  2 14 enterprise zone and is eligible to receive incentives
  2 15 or assistance as provided in either section 15E.193A
  2 16 or section 15E.196, the commission shall submit an
  2 17 application for incentives or assistance to the
  2 18 department of economic development.  The department
  2 19 may approve, defer, or deny the application.
  2 20    4.  In making its decision, the commission or
  2 21 department shall consider the impact of the eligible
  2 22 business on other businesses in competition with it
  2 23 and compare the compensation package of businesses in
  2 24 competition with the business being considered for
  2 25 incentives or assistance.  The commission or
  2 26 department shall make a good faith effort to identify
  2 27 existing Iowa businesses within an industry in
  2 28 competition with the business being considered for
  2 29 incentives or assistance.  The commission or
  2 30 department shall also make a good faith effort to
  2 31 determine the probability that the proposed incentives
  2 32 or assistance will displace employees of existing
  2 33 businesses.  In determining the impact on businesses
  2 34 in competition with the business seeking incentives or
  2 35 assistance, jobs created as a result of other jobs
  2 36 being displaced elsewhere in the state shall not be
  2 37 considered direct jobs created.
  2 38    However, if the commission or department finds that
  2 39 an eligible business has a record of violations of the
  2 40 law, including but not limited to environmental and
  2 41 worker safety statutes, rules, and regulations, over a
  2 42 period of time that tends to show a consistent
  2 43 pattern, the eligible business shall not qualify for
  2 44 incentives or assistance under section 15E.193A or
  2 45 section 15E.196, unless the commission or department
  2 46 finds that the violations did not seriously affect
  2 47 public health or safety or the environment, or if it
  2 48 did that there were mitigating circumstances.  In
  2 49 making the findings and determinations regarding
  2 50 violations, mitigating circumstances, and whether an
  3  1 eligible business is eligible for incentives or
  3  2 assistance under section 15E.193A or section 15E.196,
  3  3 the commission or department shall be exempt from
  3  4 chapter 17A.  If requested by the commission or
  3  5 department, the business shall provide copies of
  3  6 materials documenting the type of violation, any fees
  3  7 or penalties assessed, court filings, final
  3  8 disposition of any findings and any other information
  3  9 which would assist the commission or department in
  3 10 assessing the nature of any violation.
  3 11    5.  A business that is approved to receive
  3 12 incentives or assistance shall, for the length of its
  3 13 designation as an enterprise zone business, certify
  3 14 annually to the county or city, as applicable, and the
  3 15 department of economic development its compliance with
  3 16 the requirements of either section 15E.193 or section
  3 17 15E.193A."
  3 18    #2.  Page 5, by inserting after line 44 the
  3 19 following:
  3 20    "Sec. ___.  1998 Iowa Acts, House File 2538,
  3 21 section 2, amending section 15E.195, is repealed.
  3 22    Sec. ___.  1998 Iowa Acts, House File 2164, section
  3 23 11, amending section 15E.195, subsection 1, is
  3 24 repealed."
  3 25    #3.  By renumbering as necessary.  
  3 26 
  3 27 
  3 28                               
  3 29 DERRYL McLAREN 
  3 30 HF 2395.509 77
  3 31 tm/jw/28
     

Text: S05816                            Text: S05818
Text: S05800 - S05899                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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