Text: HF02249                           Text: HF02251
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House File 2250

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.333, subsection 1, Code Supplement
  1  2 1999, is amended to read as follows:
  1  3    1.  An eligible business may claim a corporate tax credit
  1  4 up to a maximum of ten percent of the new investment which is
  1  5 directly related to new jobs created by the location or
  1  6 expansion of an eligible business under the program.  Any
  1  7 credit in excess of the tax liability for the tax year may be
  1  8 credited to the tax liability for the following seven years or
  1  9 until depleted, whichever occurs earlier.  An eligible
  1 10 business whose project will produce or manufacture high value-
  1 11 added goods or services in a targeted industry of the state,
  1 12 as defined by the department, may, in the tax year of the
  1 13 project completion, elect to have any tax credit in excess of
  1 14 the tax liability for the taxable year refunded at a
  1 15 discounted value, in lieu of any remaining allowable tax
  1 16 credit that could be credited to the tax liability of the
  1 17 business in future tax years.  The discounted value of the tax
  1 18 credit refund, as calculated by the department, shall be
  1 19 determined based on the discounted value of the tax credit
  1 20 five years after the tax year of the project completion at an
  1 21 interest rate equivalent to the prime rate plus two percent.
  1 22 The refunded tax credit shall not exceed seventy-five percent
  1 23 of the allowable tax credit.  If the business is a
  1 24 partnership, subchapter S corporation, limited liability
  1 25 company, or estate or trust electing to have the income taxed
  1 26 directly to the individual, an individual may claim the tax
  1 27 credit or refund allowed.  The amount claimed by the
  1 28 individual shall be based upon the pro rata share of the
  1 29 individual's earnings of the partnership, subchapter S
  1 30 corporation, limited liability company, or estate or trust.
  1 31 For purposes of this section, "new investment directly related
  1 32 to new jobs created by the location or expansion of an
  1 33 eligible business under the program" means the cost of
  1 34 machinery and equipment, as defined in section 427A.1,
  1 35 subsection 1, paragraphs "e" and "j", purchased for use in the
  2  1 operation of the eligible business, the purchase price of
  2  2 which has been depreciated in accordance with generally
  2  3 accepted accounting principles, and the cost of improvements
  2  4 made to real property which is used in the operation of the
  2  5 eligible business and which receives a partial property tax
  2  6 exemption for the actual value added under section 15.332.
  2  7    Sec. 2.  Section 15.333A, subsection 1, unnumbered
  2  8 paragraph 2, Code 1999, is amended to read as follows:
  2  9    For purposes of this section, "new investment directly
  2 10 related to new jobs created by the location or expansion of an
  2 11 eligible business under the program" means the cost of
  2 12 machinery and equipment, as defined in section 427A.1,
  2 13 subsection 1, paragraphs "e" and "j", purchased for use in the
  2 14 operation of the eligible business, the purchase price of
  2 15 which has been depreciated in accordance with generally
  2 16 accepted accounting principles, the purchase price of land and
  2 17 any existing buildings or structures, and the cost of
  2 18 improvements made to real property which is used in the
  2 19 operation of the eligible business and which receives a
  2 20 partial property tax exemption for the actual value added
  2 21 under section 15.332.
  2 22    Sec. 3.  Section 15E.192, subsection 3, Code 1999, is
  2 23 amended to read as follows:
  2 24    3.  A county or city may apply to the department for an
  2 25 area to be certified as an enterprise zone at any time prior
  2 26 to July 1, 2000 2003.  However, the total amount of land
  2 27 designated as enterprise zones under subsections 1 and 2 shall
  2 28 not exceed in the aggregate one percent of the total county
  2 29 area.
  2 30    Sec. 4.  Section 15E.194, Code 1999, is amended by adding
  2 31 the following new subsections:
  2 32    NEW SUBSECTION.  3.  Any county may designate an enterprise
  2 33 zone in an area located in one or more contiguous census
  2 34 tracts or other geographic units approved by the department of
  2 35 economic development, in which the area to be designated meets
  3  1 at least two of the following criteria that is measurable with
  3  2 1990 census statistics or other relevant data:
  3  3    a.  The area has a per capita income of nine thousand six
  3  4 hundred dollars or less based on the 1990 census.
  3  5    b.  The area has a family poverty rate of twelve percent or
  3  6 more based on the 1990 census.
  3  7    c.  Ten percent or more of the housing units are vacant in
  3  8 the area.
  3  9    d.  The valuations of each class of property in the
  3 10 designated area is seventy-five percent or less of the
  3 11 countywide average for that classification based upon the most
  3 12 recent valuations for property tax purposes.
  3 13    e.  The area is a blighted area, as defined in section
  3 14 403.17.
  3 15    NEW SUBSECTION.  4.  A city of any size or any county may
  3 16 designate an enterprise zone at any time prior to July 1,
  3 17 2010, when a business closure occurs involving the loss of
  3 18 full-time employees, not including retail employees, at one
  3 19 place of business totaling at least one thousand employees or
  3 20 five percent or more of the county's resident labor force
  3 21 based on the most recent annual resident labor force
  3 22 statistics from the department of workforce development,
  3 23 whichever is lower.  The enterprise zone may be established on
  3 24 the property of the place of business that has closed and the
  3 25 enterprise zone may include an area up to an additional fifty
  3 26 acres adjacent to the property.  The area meeting the
  3 27 requirements for enterprise zone eligibility under this
  3 28 subsection shall not be included for the purpose of
  3 29 determining the area limitation pursuant to section 15E.192,
  3 30 subsection 3.
  3 31    Sec. 5.  Section 15E.194, subsection 3, Code 1999, is
  3 32 amended to read as follows:
  3 33    3. 5.  The department of economic development shall certify
  3 34 eligible enterprise zones that meet the requirements of
  3 35 subsection 1, 3, or 4, upon request by the county or
  4  1 subsection 2 or 4 upon request by the city, as applicable.
  4  2    Sec. 6.  Section 15E.195, subsections 1 and 2, Code 1999,
  4  3 are amended to read as follows:
  4  4    1.  A county which designates an enterprise zone pursuant
  4  5 to section 15E.194, subsection 1, 3, or 4, and in which an
  4  6 eligible enterprise zone is certified shall establish an
  4  7 enterprise zone commission to review applications from
  4  8 qualified businesses located within or requesting to locate
  4  9 within an enterprise zone designated pursuant to section
  4 10 15E.194, subsection 1, 3, or 4, to receive incentives or
  4 11 assistance as provided in section 15E.196.  The enterprise
  4 12 zone commission shall also review applications from qualified
  4 13 housing businesses requesting to receive incentives or
  4 14 assistance as provided in section 15E.193B.  The commission
  4 15 shall consist of nine members.  Five of these members shall
  4 16 consist of one representative of the board of supervisors, one
  4 17 member with economic development expertise chosen by the
  4 18 department of economic development, one representative of the
  4 19 county zoning board, one member of the local community college
  4 20 board of directors, and one representative of the local
  4 21 workforce development center.  These five members shall select
  4 22 the remaining four members.  If the enterprise zone consists
  4 23 of an area meeting the requirements for eligibility for an
  4 24 urban or rural enterprise community under Title XIII of the
  4 25 federal Omnibus Budget Reconciliation Act of 1993, one of the
  4 26 remaining four members shall be a representative of that
  4 27 community.  A county shall have only one enterprise zone
  4 28 commission to review applications for incentives and
  4 29 assistance for businesses located within or requesting to
  4 30 locate within a certified enterprise zone designated pursuant
  4 31 to section 15E.194, subsection 1, 3, or 4.
  4 32    2.  A city with a population of twenty-four thousand or
  4 33 more which designates an enterprise zone pursuant to section
  4 34 15E.194, subsection 2 or 4, and in which an eligible
  4 35 enterprise zone is certified shall establish an enterprise
  5  1 zone commission to review applications from qualified
  5  2 businesses located within or requesting to locate within an
  5  3 enterprise zone to receive incentives or assistance as
  5  4 provided in section 15E.196.  The commission shall consist of
  5  5 nine members.  Six of these members shall consist of one
  5  6 representative of an international labor organization, one
  5  7 member with economic development expertise chosen by the
  5  8 department of economic development, one representative of the
  5  9 city council, one member of the local community college board
  5 10 of directors, one member of the city planning and zoning
  5 11 commission, and one representative of the local workforce
  5 12 development center.  These six members shall select the
  5 13 remaining three members.  If the enterprise zone consists of
  5 14 an area meeting the requirements for eligibility for an urban
  5 15 enterprise community under Title XIII of the federal Omnibus
  5 16 Budget Reconciliation Act of 1993, one of the remaining three
  5 17 members shall be a representative of that community.  If a
  5 18 city contiguous to the city designating the enterprise zone is
  5 19 included in an enterprise zone, a representative of the
  5 20 contiguous city, chosen by the city council, shall be a member
  5 21 of the commission.  A city in which an eligible enterprise
  5 22 zone is certified shall have only one enterprise zone
  5 23 commission.  If a city has established an enterprise zone
  5 24 commission prior to the effective date of this Act, the city
  5 25 may petition to the department of economic development to
  5 26 change the structure of the existing commission.
  5 27    Sec. 7.  Section 422.6, unnumbered paragraph 1, Code
  5 28 Supplement 1999, is amended to read as follows:
  5 29    The tax imposed by section 422.5 less the credits allowed
  5 30 under sections 15.333, 15.335, 15E.193A, 422.10, 422.11,
  5 31 422.11A, and 422.11B, and the personal exemption credit
  5 32 allowed under section 422.12 apply to and are a charge against
  5 33 estates and trusts with respect to their taxable income, and
  5 34 the rates are the same as those applicable to individuals.
  5 35 The fiduciary shall make the return of income for the estate
  6  1 or trust for which the fiduciary acts, whether the income is
  6  2 taxable to the estate or trust or to the beneficiaries.
  6  3 However, for tax years ending after August 5, 1997, if the
  6  4 trust is a qualified preneed funeral trust as set forth in
  6  5 section 685 of the Internal Revenue Code and the trustee has
  6  6 elected the special tax treatment under section 685 of the
  6  7 Internal Revenue Code, neither the trust nor the beneficiary
  6  8 is subject to Iowa income tax on income accruing to the trust.
  6  9    Sec. 8.  Section 15E.193A, Code 1999, is repealed.  
  6 10                           EXPLANATION
  6 11    This bill amends the economic development enterprise zone
  6 12 program.
  6 13    The bill changes the deadline for a qualifying county or
  6 14 city to apply for an area to be certified as an enterprise
  6 15 zone from July 1, 2000, to July 1, 2003.
  6 16    The bill provides two new distress criteria under which a
  6 17 county or city may designate an enterprise zone.  The bill
  6 18 provides that a county may designate an enterprise zone if at
  6 19 least two of the following five criteria are met:  the area
  6 20 has a per capita income of $9,600 or less, the area has a
  6 21 family poverty rate of 12 percent or higher, 10 percent or
  6 22 more of the housing units are vacant in the area, the
  6 23 valuations of each class of property in the designated area is
  6 24 75 percent or less of the countywide average for that
  6 25 classification, and the area is a blighted area.
  6 26    The bill also allows either a city of any size or a county
  6 27 to designate an enterprise zone at any time prior to July 1,
  6 28 2010, when a business closure occurs involving the loss of
  6 29 full-time employees, not including retail employees, at one
  6 30 place of business totaling at least 1,000 employees or 5
  6 31 percent or more of the county's labor force.  The bill
  6 32 provides that the enterprise zone may be established on
  6 33 property of the place of business that has closed and may
  6 34 include an area up to an additional 50 acres adjacent to the
  6 35 property.
  7  1    The bill amends the investment tax credit under the new
  7  2 jobs and income program which is also an incentive under the
  7  3 enterprise zone program.  The bill provides that an eligible
  7  4 business whose project will produce or manufacture high value-
  7  5 added goods or services in a targeted industry may, in the tax
  7  6 year of the project completion, elect to have any tax credit
  7  7 in excess of the tax liability for the taxable year refunded
  7  8 at a discounted rate, in lieu of carrying over the excess
  7  9 allowable tax credit to future tax years.  The bill provides
  7 10 that the discounted value of the refund will be determined
  7 11 based on the discounted value of the tax credit five years
  7 12 after the project completion at an interest rate equivalent to
  7 13 the prime rate plus 2 percent.  The refund shall not exceed 75
  7 14 percent of the allowable tax credit.  The bill amends the
  7 15 definition of the term "new investment directly related to new
  7 16 jobs created by the location or expansion of an eligible
  7 17 business under the program" by removing the requirement that
  7 18 the cost of improvements made to real property must receive a
  7 19 partial property tax exemption under Code section 15.332.
  7 20    The bill eliminates the special alternative eligible
  7 21 business criteria which was added to the program during the
  7 22 1998 legislative session.  The alternative eligible business
  7 23 criteria allowed a business which is not located in an
  7 24 enterprise zone to receive incentives and assistance under the
  7 25 program provided that certain criteria are met.
  7 26    The bill amends the definition of new investment directly
  7 27 related to new jobs created by the location or expansion of an
  7 28 eligible business under the program to include the purchase
  7 29 price of land and any existing buildings or structures.  The
  7 30 definition is used under the insurance premium tax credit
  7 31 under the new jobs and income program which is also an
  7 32 incentive under the enterprise zone program.  
  7 33 LSB 6055HV 78
  7 34 tm/cls/14
     

Text: HF02249                           Text: HF02251
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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