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Text: SSB00201                          Text: SSB00203
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Senate Study Bill 202

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 may create an economic development enterprise
  1 14 zone as authorized in this division, subject to certification
  1 15 by the department of economic development, by designating one
  1 16 or more contiguous census tracts, as determined in the most
  1 17 recent federal census, for that purpose.  A city may establish
  1 18 more than one enterprise zone.
  1 19    3.  A county or city may apply to the department for an
  1 20 area to be certified as an enterprise zone at any time prior
  1 21 to July 1, 2000.  However, the total amount of land designated
  1 22 as enterprise zones under subsections 1 and 2 shall not exceed
  1 23 in the aggregate one percent of the total county area.
  1 24    4.  An enterprise zone designation shall remain in effect
  1 25 for ten years following the date of certification.  Any state
  1 26 or local incentives that may be conferred must be conferred
  1 27 before the designation expires.  However, the benefits of the
  1 28 incentive may continue beyond the expiration.
  1 29    Sec. 3.  NEW SECTION.  15E.183  ELIGIBLE BUSINESS.
  1 30    1.  A business which is or will be located in an enterprise
  1 31 zone is eligible to receive incentives under this division if
  1 32 the business has not closed or substantially reduced its
  1 33 operation in one area of the state and relocated substantially
  1 34 the same operation into the enterprise zone and if the
  1 35 business meets all of the following:
  2  1    a.  Is not a retail or professional service business.
  2  2    b.  Pays at least eighty percent of the cost of a standard
  2  3 medical and dental insurance plan for all full-time employees.
  2  4    c.  Pays an average wage that is at or greater than one
  2  5 hundred percent of the average county wage but not less than
  2  6 seven dollars and fifty cents per hour.
  2  7    d.  Creates at least ten full-time positions and maintains
  2  8 them for at least five years.
  2  9    e.  Makes a one-time capital investment of at least five
  2 10 hundred thousand dollars.  If the business is occupying a
  2 11 vacant building suitable for industrial use, the fair market
  2 12 value of the building shall be counted toward the capital
  2 13 investment requirement.
  2 14    2.  A business is not ineligible under this section when
  2 15 the business expands its operation in an enterprise zone if
  2 16 existing operations of a similar nature in the state are not
  2 17 closed or substantially reduced.
  2 18    Sec. 4.  NEW SECTION.  15E.184  DISTRESS CRITERIA.
  2 19    1.  An enterprise zone may be designated in an area which
  2 20 meets at least two of the following criteria:
  2 21    a.  The area has an average weekly wage that ranks among
  2 22 the bottom twenty-five counties in the state based on the 1995
  2 23 annual average weekly wage for employees in private business.
  2 24    b.  The area has a family poverty rate that ranks among the
  2 25 top twenty-five counties in the state based on the 1990
  2 26 census.
  2 27    c.  The area has experienced a population loss that ranks
  2 28 among the top twenty-five counties in the state between 1990
  2 29 and 1995.
  2 30    d.  The area has a percentage of persons sixty-five years
  2 31 of age or older that ranks among the top twenty-five counties
  2 32 in the state based on the 1990 census.
  2 33    2.  The department of economic development shall certify
  2 34 eligible enterprise zones that meet the requirements of
  2 35 subsection 1 upon request by the county or city, as
  3  1 applicable.
  3  2    Sec. 5.  NEW SECTION.  15E.185  ENTERPRISE ZONE COMMISSION.
  3  3    A county or city for which an eligible enterprise zone is
  3  4 certified shall establish an enterprise zone commission to
  3  5 review applications from qualified businesses located within
  3  6 or requesting to locate within an enterprise zone to receive
  3  7 assistance as provided in section 15E.186.  The commission
  3  8 shall include but not be limited to representatives from the
  3  9 board of supervisors, cities, school districts, community or
  3 10 regional economic development offices, community colleges, and
  3 11 the servicing utility companies.  A county and any cities
  3 12 within the county may combine their commissions into one
  3 13 commission.
  3 14    If the enterprise zone commission determines that a
  3 15 business qualifies for inclusion in an enterprise zone and is
  3 16 eligible to receive assistance as provided in section 15E.186,
  3 17 the commission shall submit an application for assistance to
  3 18 the department of economic development.  The department may
  3 19 approve, defer, or deny the application.  A business that is
  3 20 approved to receive assistance shall, for the length of its
  3 21 designation as an enterprise zone business, certify annually
  3 22 to the county or city, as applicable, and the department of
  3 23 economic development its compliance with the requirements of
  3 24 section 15E.183.
  3 25    Sec. 6.  NEW SECTION.  15E.186  INCENTIVES – ASSISTANCE.
  3 26    For purposes of determining the incentives or assistance
  3 27 provided in this section, "eligible business" means a business
  3 28 which has been approved to receive incentives and assistance
  3 29 by the department of economic development pursuant to
  3 30 application as provided in section 15E.185.  The incentives
  3 31 and assistance provided under this division for businesses
  3 32 located in enterprise zones shall include all of the
  3 33 following:
  3 34    1.  New jobs credit from withholding, as provided in
  3 35 section 15.331.
  4  1    2.  Sales, services, and use tax refund, as provided in
  4  2 section 15.331A.
  4  3    3.  Investment tax credit, as provided in section 15.333.
  4  4    4.  Research activities credit, as provided in section
  4  5 15.335.
  4  6    5.  The county or city for which an eligible enterprise
  4  7 zone is certified may exempt from all property taxation all or
  4  8 a portion of the property upon which an eligible business
  4  9 locates or expands in an enterprise zone and which is used in
  4 10 the operation of the eligible business.  The exemption may be
  4 11 allowed for a period not to exceed ten years beginning the
  4 12 year the eligible business enters into an agreement with the
  4 13 county or city to locate or expand operations in an enterprise
  4 14 zone.  
  4 15                           EXPLANATION
  4 16    The bill authorizes a county to designate up to 1 percent
  4 17 of its total area as enterprise zones.  A city may designate
  4 18 more than one or more contiguous census tracts as enterprise
  4 19 zones.  However, the total amount of land that may be in these
  4 20 city and county zones cannot exceed in the aggregate 1 percent
  4 21 of the total area of the county.  In addition, the department
  4 22 of economic development must approve any such designation.  In
  4 23 order for an area to be designated an enterprise zone, at
  4 24 least two of four criteria must be met.  These are having an
  4 25 average weekly wage that ranks among the bottom 25 counties
  4 26 based upon 1995 statistics; family poverty rate that ranks
  4 27 among the top 25 counties based upon the 1990 census;
  4 28 population loss that ranks among the top 25 counties between
  4 29 1990 and 1995; and a percentage of persons 65 years old that
  4 30 ranks among the top 25 counties.  A business that is or will
  4 31 be located in the enterprise zone shall receive incentives or
  4 32 assistance if the business meets all of certain eligibility
  4 33 criteria.  These criteria include paying at least 80 percent
  4 34 of the cost of standard medical and dental insurance, paying
  4 35 at least 100 percent of the average wage in the county,
  5  1 creation of at least 10 new jobs, and making a capital
  5  2 investment of at least $500,000.  Retail or professional
  5  3 service businesses are not eligible nor are businesses that
  5  4 move similar operations from another part of the state to the
  5  5 enterprise zone.
  5  6    The incentives and assistance that shall be provided are a
  5  7 new jobs credit for training new employees to work in the
  5  8 zone, refund of sales and services taxes for utility services
  5  9 furnished in the zone and for materials used in construction
  5 10 contracts done in the zone, investment tax credit for
  5 11 investments made in the zone, credit for increasing research
  5 12 activities in the state, and if the county or city so decides,
  5 13 exemption from all property taxation for property used in the
  5 14 business in the zone.  
  5 15 LSB 2694SC 77
  5 16 mg/sc/14
     

Text: SSB00201                          Text: SSB00203
Text: SSB00200 - SSB00299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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