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Senate Study Bill 231

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.181  PURPOSE.
  1  2    The purpose of this division is to enhance the quality of
  1  3 life for citizens of the state by encouraging the creation of
  1  4 new jobs, industry, products, and wealth through the increased
  1  5 availability and accessibility to capital, particularly at the
  1  6 seed capital and venture capital investment stages.
  1  7    Sec. 2.  NEW SECTION.  15E.182  IOWA CAPITAL INVESTMENT
  1  8 BOARD.
  1  9    1.  An Iowa capital investment board is established and
  1 10 shall be composed of the following members:
  1 11    a.  The treasurer of state.
  1 12    b.  The director of the department.
  1 13    c.  Three members selected by the governor and confirmed by
  1 14 the senate pursuant to section 2.32.
  1 15    2.  a.  The three members selected by the governor shall
  1 16 serve six-year staggered terms as determined by the governor.
  1 17 A vacancy shall be filled by the governor for the remaining
  1 18 portion of the unexpired term.  A member is eligible for
  1 19 reappointment.
  1 20    b.  Members of the board are entitled to receive a per diem
  1 21 as specified in section 7E.6 for each day spent in performance
  1 22 of duties as members and shall be reimbursed for all actual
  1 23 and necessary expenses incurred in the performance of duties
  1 24 as members.
  1 25    c.  The board shall annually elect a chairperson from among
  1 26 its members.
  1 27    3.  The Iowa capital investment board shall do the
  1 28 following:
  1 29    a.  Facilitate public and private investment in a series of
  1 30 regional or national seed and venture capital funds willing to
  1 31 invest in Iowa seed and venture capital opportunities.  Funds
  1 32 selected for investment must focus on economic or industry
  1 33 sectors targeted for development by the state.
  1 34    b.  Facilitate the creation of and the state's investment
  1 35 in a small business investment company to maximize the
  2  1 leverage from available federal and private sources for
  2  2 investment in seed and venture stage companies in the state.
  2  3    c.  Coordinate with other existing publicly created or
  2  4 supported seed and venture investment funds to gain the
  2  5 highest investment leverage with the lowest possible
  2  6 administrative costs for the state.
  2  7    d.  Report annually to the governor and the general
  2  8 assembly on the investments made pursuant to this division,
  2  9 the current and anticipated value of such investments, the
  2 10 current and anticipated value of any tax credits given, and
  2 11 the estimated current and anticipated impact such investments
  2 12 have on the state.
  2 13    4.  If tax credits are used to facilitate investment
  2 14 pursuant to subsection 3, paragraph "a" or "b", the tax
  2 15 credits shall only be redeemed for the amount of principal
  2 16 invested, and only based on losses at the time of the
  2 17 termination or insolvency of the Iowa capital investment
  2 18 board.
  2 19    5.  The general assembly is not obligated to appropriate
  2 20 any moneys to pay for any defaults or to appropriate any
  2 21 moneys to be credited to the board programs beyond the tax
  2 22 credits approved in section 15E.183, and the board in
  2 23 administering this section shall not give or lend the credit
  2 24 of the state of Iowa.
  2 25    6.  On or before July 1, 1998, the Iowa capital investment
  2 26 board shall select and appoint, through a competitive
  2 27 selection process and based on criteria established by the
  2 28 board, an executive director to conduct the affairs of the
  2 29 board.  To the extent feasible, the selection of any fund
  2 30 managers, investment advisors, or other consultants shall also
  2 31 be through a competitive bid procedure and based on criteria
  2 32 established by the board.
  2 33    7.  The Iowa capital investment board shall adopt
  2 34 procedures, policies, rules pursuant to chapter 17A, and other
  2 35 administrative measures necessary to carry out the purpose of
  3  1 this division and administer the programs and business of the
  3  2 board.
  3  3    Sec. 3.  NEW SECTION.  15E.183  TAX CREDITS.
  3  4    1.  The state of Iowa shall issue tax credits to the
  3  5 department of revenue and finance equaling fifty million
  3  6 dollars.  The tax credits shall only be used as directed by
  3  7 the Iowa capital investment board for purposes consistent with
  3  8 section 15E.182, subsection 3, paragraphs "a" and "b".  If the
  3  9 tax credits are claimed, they may be claimed as either a
  3 10 corporate or individual tax credit.  An individual may claim
  3 11 the credit allowed a partnership, subchapter S corporation,
  3 12 estate, or trust electing to have the income taxed directly to
  3 13 the individual.  The amount claimed by the individual shall be
  3 14 based on the pro rata share of the individual's earnings from
  3 15 the partnership, subchapter S corporation, estate, or trust.
  3 16 Any tax credit in excess of the taxpayer's liability for the
  3 17 tax year may be credited to the tax liability for the
  3 18 following five years or until depleted, whichever is earlier.
  3 19    2.  The department of revenue and finance shall, in
  3 20 consultation with the Iowa capital transition board, develop a
  3 21 system for the registration, issuance, transfer, or redemption
  3 22 of tax credits issued by the state under this section.  The
  3 23 department shall also, in consultation with the Iowa capital
  3 24 transition board, adopt any other policies, procedures, or
  3 25 rules pursuant to chapter 17A necessary for the administration
  3 26 of tax credits issued by the state under this section.
  3 27    Sec. 4.  NEW SECTION.  15E.184  SUPPORT.
  3 28    The department shall provide staff assistance, physical
  3 29 facilities, and other support as necessary.
  3 30    Sec. 5.  TERMINATION OF THE IOWA SEED CAPITAL CORPORATION.
  3 31 On or before June 30, 1998, the board of directors of the Iowa
  3 32 seed capital corporation shall wind up the affairs of the
  3 33 corporation, including the transfer of remaining assets and
  3 34 liabilities to the Iowa capital investment board, termination
  3 35 of staff, and dissolution of the corporation.  In the event
  4  1 that the remaining assets and liabilities cannot be
  4  2 transferred to the Iowa capital investment board, the board of
  4  3 directors of the Iowa seed capital corporation shall liquidate
  4  4 all assets, settle existing liabilities, and transfer
  4  5 remaining moneys to the general fund of the state.
  4  6    Sec. 6.  IOWA CAPITAL TRANSITION BOARD.
  4  7    1.  The Iowa capital transition board is created to
  4  8 coordinate the transition from the state's present seed and
  4  9 venture capital activity to the opportunities provided by the
  4 10 Iowa capital investment board.
  4 11    2.  The membership on the Iowa capital transition board
  4 12 shall consist of all of the following members:
  4 13    a.  The treasurer of state.
  4 14    b.  The director of the department.
  4 15    c.  The administrator of the Iowa public employees'
  4 16 retirement system.
  4 17    d.  The chairperson of the board of directors of the Iowa
  4 18 seed capital corporation.
  4 19    e.  Three other private citizen members selected by a
  4 20 majority of the Iowa capital transition board members
  4 21 designated in paragraphs "a" through "d".  Selection shall be
  4 22 based on established experience, expertise, and background in
  4 23 the areas of venture capital investments, entrepreneurial
  4 24 businesses, and seed and venture capital issues in general.
  4 25    3.  The Iowa capital transition board shall select a
  4 26 chairperson from among its members once all of the members of
  4 27 the board have been selected.
  4 28    4.  The duties of the Iowa capital transition board shall
  4 29 include, but are not limited to, the following:
  4 30    a.  Advise and consult with the department of revenue and
  4 31 finance in the development of the capital tax credits system.
  4 32    b.  Advise and consult with the board of directors of the
  4 33 Iowa seed capital corporation in the transition of Iowa seed
  4 34 capital corporation assets and liabilities to the Iowa capital
  4 35 investment board.
  5  1    c.  Advise and consult with the board of directors of the
  5  2 department of economic development on the coordination of
  5  3 existing department financial assistance programs with the
  5  4 seed and venture capital opportunities provided by this
  5  5 division.
  5  6    d.  Provide recommendations to the Iowa capital investment
  5  7 board regarding the carrying out of the Iowa capital
  5  8 investment board's duties.
  5  9    5.  The department of economic development shall provide
  5 10 the board with staff assistance, physical facilities, and
  5 11 other support as necessary.
  5 12    6.  The existence of the Iowa capital transition board
  5 13 shall be terminated on July 1, 1998, unless the board is
  5 14 terminated at an earlier time by a majority vote of the
  5 15 members.
  5 16    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  5 17 immediate importance, takes effect upon enactment.  
  5 18                           EXPLANATION
  5 19    This bill provides for the creation of the Iowa capital
  5 20 investment board.  The board shall consist of the treasurer of
  5 21 state, the director of the department of economic development,
  5 22 and three members to be selected by the governor.  The bill
  5 23 provides that the board has the following four functions:
  5 24    1.  Facilitate public and private investment in regional or
  5 25 national seed and venture capital funds willing to invest in
  5 26 Iowa seed and venture capital opportunities in targeted
  5 27 sectors.
  5 28    2.  Facilitate the creation of and the state's investment
  5 29 in a small business investment company.
  5 30    3.  Coordinate with other existing publicly created or
  5 31 supported seed and venture investment funds.
  5 32    4.  Report annually to the governor and the general
  5 33 assembly regarding the current and anticipated value of the
  5 34 investments, tax credits, and impact of the investments on the
  5 35 state.
  6  1    The bill provides that the tax credits shall only be
  6  2 redeemed for the amount of principal invested, and only based
  6  3 on losses at the time of the termination or insolvency of the
  6  4 Iowa capital investment board.
  6  5    The bill provides that the Iowa capital investment board
  6  6 shall select and appoint, through a competitive bid process,
  6  7 an executive director to conduct the affairs of the board.  To
  6  8 the extent feasible, any fund managers, investment advisors,
  6  9 or other consultants shall be selected in the same manner.
  6 10 The board shall adopt procedures, policies, administrative
  6 11 rules, and other administrative measures necessary to carry
  6 12 out the purpose of this Act.
  6 13    The bill provides that the state shall issue $50,000,000 in
  6 14 tax credits to be held by the department of revenue and
  6 15 finance.  The tax credits shall only be used as directed by
  6 16 the Iowa capital investment board for purposes consistent with
  6 17 this chapter.  If the tax credits are claimed, they may be
  6 18 claimed as either a corporate or individual tax credit.  The
  6 19 department of revenue and finance, in consultation with the
  6 20 Iowa capital transition board, shall develop a system for the
  6 21 registration, issuance, transfer, or redemption of the tax
  6 22 credits.
  6 23    The bill provides that the department of economic
  6 24 development shall provide staff assistance, physical
  6 25 facilities, and other support as necessary.
  6 26    The bill provides that the Iowa seed capital corporation
  6 27 shall wind up its affairs on or before July 1, 1998.  The
  6 28 winding up of affairs shall include the transfer of remaining
  6 29 assets and liabilities to the Iowa capital investment board,
  6 30 termination of staff, and dissolution of the corporation.
  6 31    The bill provides for the establishment of the Iowa capital
  6 32 transition board.  This board shall coordinate the transition
  6 33 from the state's present seed and venture capital activity to
  6 34 the opportunities provided by the Iowa capital investment
  6 35 board.  The duties of the Iowa capital transition board shall
  7  1 include the following:
  7  2    1.  Advise and consult with the department of revenue and
  7  3 finance in the development of the capital tax credits system.
  7  4    2.  Advise and consult with the Iowa seed capital
  7  5 corporation in the transition of the Iowa seed capital
  7  6 corporation assets and liabilities to the Iowa capital
  7  7 investment board.
  7  8    3.  Advise and consult with the board of directors of the
  7  9 department of economic development on the coordination of
  7 10 existing department financial assistance programs with the
  7 11 seed and venture capital opportunities provided for in this
  7 12 Act.
  7 13    4.  Provide recommendations to the Iowa capital investment
  7 14 board regarding the carrying out of the Iowa capital
  7 15 investment board's duties.
  7 16    The bill provides that the department of economic
  7 17 development shall provide assistance to the Iowa capital
  7 18 transition board as necessary.  The bill provides that the
  7 19 existence of the Iowa capital transition board shall terminate
  7 20 on July 1, 1998, unless the board is terminated at an earlier
  7 21 time by a majority vote of its members.  
  7 22 LSB 2157SC 77
  7 23 tm/cf/24
     

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