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Senate File 510

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.181  INTENT.
  1  2    It is the intent of the general assembly that this division
  1  3 be administered in a manner to promote new economic
  1  4 development in economically distressed areas by encouraging
  1  5 communities to target resources in ways that attract
  1  6 productive private investment.
  1  7    Sec. 2.  NEW SECTION.  15E.182  ENTERPRISE ZONES.
  1  8    1.  A county may create an economic development enterprise
  1  9 zone as authorized in this division, subject to certification
  1 10 by the department of economic development, by designating up
  1 11 to one percent of the county area for that purpose.  A county
  1 12 may establish more than one enterprise zone.
  1 13    2.  A city with a population of twenty-five thousand or
  1 14 more may create an economic development enterprise zone as
  1 15 authorized in this division, subject to certification by the
  1 16 department of economic development, by designating one or more
  1 17 contiguous census tracts, as determined in the most recent
  1 18 federal census, for that purpose.  A city may establish more
  1 19 than one enterprise zone.  Reference in this division to
  1 20 "city" means a city with a population of twenty-five thousand
  1 21 or more.
  1 22    3.  A county or city may apply to the department for an
  1 23 area to be certified as an enterprise zone at any time prior
  1 24 to July 1, 2000.  However, the total amount of land designated
  1 25 as enterprise zones under subsections 1 and 2 shall not exceed
  1 26 in the aggregate one percent of the total county area.
  1 27    4.  An enterprise zone designation shall remain in effect
  1 28 for ten years following the date of certification.  Any state
  1 29 or local incentives or assistance that may be conferred must
  1 30 be conferred before the designation expires.  However, the
  1 31 benefits of the incentive or assistance may continue beyond
  1 32 the expiration.
  1 33    Sec. 3.  NEW SECTION.  15E.183  ELIGIBLE BUSINESS.
  1 34    1.  A business which is or will be located in an enterprise
  1 35 zone is eligible to receive incentives and assistance under
  2  1 this division if the business has not closed or reduced its
  2  2 existing operation by twenty percent or more in one area of
  2  3 the state and relocated substantially the same operation into
  2  4 the enterprise zone and if the business meets all of the
  2  5 following:
  2  6    a.  Pays at least eighty percent of the cost of a standard
  2  7 medical and dental insurance plan for all full-time employees.
  2  8    b.  Pays an average wage that is at or greater than one
  2  9 hundred percent of the average county wage but not less than
  2 10 seven dollars and fifty cents per hour.
  2 11    c.  Creates at least ten full-time positions and maintains
  2 12 them for at least ten years.
  2 13    d.  Makes a one-time capital investment of at least five
  2 14 hundred thousand dollars.  If the business is occupying a
  2 15 vacant building suitable for industrial use, the fair market
  2 16 value of the building shall be counted toward the capital
  2 17 investment requirement.
  2 18    2.  A business is not ineligible under this section when
  2 19 the business expands its operation in an enterprise zone if
  2 20 existing operations of a similar nature in the state are not
  2 21 closed or substantially reduced.
  2 22    Sec. 4.  NEW SECTION.  15E.184  DISTRESS CRITERIA.
  2 23    1.  An enterprise zone may be designated by a county in an
  2 24 area which meets at least two of the following criteria:
  2 25    a.  The area has an average weekly wage that ranks among
  2 26 the bottom twenty-five counties in the state based on the 1995
  2 27 annual average weekly wage for employees in private business.
  2 28    b.  The area has a family poverty rate that ranks among the
  2 29 top twenty-five counties in the state based on the 1990
  2 30 census.
  2 31    c.  The area has experienced a percentage population loss
  2 32 that ranks among the top twenty-five counties in the state
  2 33 between 1990 and 1995.
  2 34    d.  The area has a percentage of persons sixty-five years
  2 35 of age or older that ranks among the top twenty-five counties
  3  1 in the state based on the 1990 census.
  3  2    2.  An enterprise zone may be designated by a city which
  3  3 meets at least two of the following criteria:
  3  4    a.  The area has a per capita income of nine thousand six
  3  5 hundred dollars or less based on the 1990 census.
  3  6    b.  The area has a family poverty rate of twelve percent or
  3  7 higher based on the 1990 census.
  3  8    c.  Ten percent or more of the housing units are vacant in
  3  9 the area.
  3 10    d.  The valuations of each class of property in the
  3 11 designated area is seventy-five percent or less of the
  3 12 citywide average for that classification based upon the most
  3 13 recent valuations for property tax purposes.
  3 14    3.  The department of economic development shall certify
  3 15 eligible enterprise zones that meet the requirements of
  3 16 subsection 1 upon request by the county or subsection 2 upon
  3 17 request by the city, as applicable.
  3 18    Sec. 5.  NEW SECTION.  15E.185  ENTERPRISE ZONE COMMISSION.
  3 19    A county or city for which an eligible enterprise zone is
  3 20 certified shall establish an enterprise zone commission to
  3 21 review applications from qualified businesses located within
  3 22 or requesting to locate within an enterprise zone to receive
  3 23 incentives or assistance as provided in section 15E.186.  The
  3 24 commission shall include but not be limited to representatives
  3 25 from the board of supervisors, cities, school districts,
  3 26 community or regional economic development offices, community
  3 27 colleges, and the servicing utility companies.  A county and
  3 28 any cities within the county may combine their commissions
  3 29 into one commission.
  3 30    If the enterprise zone commission determines that a
  3 31 business qualifies for inclusion in an enterprise zone and is
  3 32 eligible to receive incentives or assistance as provided in
  3 33 section 15E.186, the commission shall submit an application
  3 34 for incentives or assistance to the department of economic
  3 35 development.  The department may approve, defer, or deny the
  4  1 application.  A business that is approved to receive
  4  2 incentives or assistance shall, for the length of its
  4  3 designation as an enterprise zone business, certify annually
  4  4 to the county or city, as applicable, and the department of
  4  5 economic development its compliance with the requirements of
  4  6 section 15E.183.
  4  7    Sec. 6.  NEW SECTION.  15E.186  INCENTIVES – ASSISTANCE.
  4  8    For purposes of determining the incentives or assistance
  4  9 provided in this section, "eligible business" means a business
  4 10 which has been approved to receive incentives and assistance
  4 11 by the department of economic development pursuant to
  4 12 application as provided in section 15E.185.  The incentives
  4 13 and assistance provided under this division for businesses
  4 14 located in enterprise zones shall include all of the
  4 15 following:
  4 16    1.  New jobs credit from withholding, as provided in
  4 17 section 15.331.
  4 18    2.  Sales, services, and use tax refund, as provided in
  4 19 section 15.331A.
  4 20    3.  Investment tax credit, as provided in section 15.333.
  4 21    4.  Research activities credit, as provided in section
  4 22 15.335.
  4 23    5.  The county or city for which an eligible enterprise
  4 24 zone is certified may exempt from all property taxation all or
  4 25 a portion of the property which is located in an enterprise
  4 26 zone and which is used in the operation of the eligible
  4 27 business.  The exemption may be allowed for a period not to
  4 28 exceed ten years beginning the year the eligible business
  4 29 enters into an agreement with the county or city to locate or
  4 30 expand operations in an enterprise zone.  
  4 31                           EXPLANATION
  4 32    The bill authorizes a county to designate up to 1 percent
  4 33 of its total area as enterprise zones.  A city with a
  4 34 population of 25,000 or more may designate more than one or
  4 35 more contiguous census tracts as enterprise zones.  However,
  5  1 the total amount of land that may be in these city and county
  5  2 zones cannot exceed in the aggregate 1 percent of the total
  5  3 area of the county.  In addition, the department of economic
  5  4 development must approve any such designation.  In order for
  5  5 an area to be designated an enterprise zone, at least two of
  5  6 four criteria must be met.  For counties, these are having an
  5  7 average weekly wage that ranks among the bottom 25 counties
  5  8 based upon 1995 statistics; family poverty rate that ranks
  5  9 among the top 25 counties based upon the 1990 census;
  5 10 population loss that ranks among the top 25 counties between
  5 11 1990 and 1995; and a percentage of persons 65 years old that
  5 12 ranks among the top 25 counties.  In the case of city-
  5 13 designated areas these are having a per capital income of
  5 14 $9,600 or less, poverty rate of 12 percent or more, and 10
  5 15 percent or more of housing units are vacant, all according to
  5 16 the 1990 census, and the valuations in the area equal 75
  5 17 percent or less of the average for the city.  A business that
  5 18 is or will be located in the enterprise zone shall receive
  5 19 incentives or assistance if the business meets all of certain
  5 20 eligibility criteria.  These criteria include paying at least
  5 21 80 percent of the cost of standard medical and dental
  5 22 insurance, paying at least 100 percent of the average wage in
  5 23 the county but not less than $7.50, creation of at least 10
  5 24 new jobs, and making a capital investment of at least
  5 25 $500,000.  Businesses that move all or 20 percent or more of
  5 26 similar operations from another part of the state to the
  5 27 enterprise zone are not eligible.
  5 28    The incentives and assistance that shall be provided are a
  5 29 new jobs credit for training new employees to work in the
  5 30 zone, refund of sales and services taxes for utility services
  5 31 furnished in the zone and for materials used in construction
  5 32 contracts done in the zone, investment tax credit for
  5 33 investments made in the zone, credit for increasing research
  5 34 activities in the state, and if the county or city so decides,
  5 35 exemption from all property taxation for property used in the
  6  1 business in the zone.  
  6  2 LSB 2694SV 77
  6  3 mg/sc/14
     

Text: SF00509                           Text: SF00511
Text: SF00500 - SF00599                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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