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House Journal: Page 1599: Tuesday, April 14, 1998

H-9009

 1     Amend the Senate amendment, H-8994, to House File
 2   2164, as passed by the House, as follows:
 3     1.  Page 1, by inserting after line 35 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  15E.193A  ALTERNATIVE
 6   ELIGIBLE BUSINESS CRITERIA.
 7     1.  A business which is not located in an
 8   enterprise zone is eligible to receive incentives and
 9   assistance under section 15E.196 if the business has
10   not closed or reduced its operation in one area of the
11   state and relocated substantially the same operation
12   in a location which qualifies the business under this
13   section and if the business meets all of the following
14   criteria:
15     a.  Satisfies the requirements in section 15E.193,
16   subsection 1, paragraphs "a", "b", "d", and "e".
17     b.  Is or will be located in a city with a
18   population between eight thousand and twenty-four
19   thousand as determined by population estimates by the
20   United States bureau of the census for the year of
21   1995.
22     c.  Is or will be located in a city which is not
23   more than thirty-five miles from an existing
24   enterprise zone in this state or an equivalent zone in
25   an adjacent state.
26     d.  Satisfies the requirement in section 15.329,
27   subsection 1, paragraph "d".
28     e.  Is or will be located in an area which meets
29   two of the criteria listed in section 15E.194,
30   subsection 2.
31     f.  Receives approval by ordinance or resolution
32   from the city in which the project is located.
33     2.  After approval of a project by ordinance or
34   resolution, the city shall submit an application for
35   incentives and assistance to the department of
36   economic development.  As part of the application, the
37   city shall submit information relating the
38   requirements listed in subsection 1 and in section
39   15E.193, subsection 2.  The department may approve,
40   defer, or deny the application.
41     3.  If a business has received incentives or
42   assistance under section 15E.196 and fails to maintain
43   the requirements of subsection 1 to be an eligible
44   business, the business is subject to repayment of all
45   or a portion of the incentives and assistance that it
46   has received.  The city shall have the authority to
47   take action to recover the value of taxes not
48   collected as a result of an exemption provided by the
49   community to the business.  The department of revenue
50   and finance shall have the authority to recover the

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