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House File 2378

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2378
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE ENTERPRISE ZONE PROGRAM AND PROVIDING
  1  5    EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.  
  1  6 
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 15E.192, subsections 2, 3, and 4, Code
  1 11 2001, are amended to read as follows:
  1 12    2.  A city with a population of twenty-four thousand or
  1 13 more, as shown by the 1990 2000 certified federal census, may
  1 14 create an economic development enterprise zone as authorized
  1 15 in this division, subject to certification by the department
  1 16 of economic development, by designating one or more contiguous
  1 17 census tracts, as determined in the most recent federal
  1 18 census, or designating other geographic units approved by the
  1 19 department of economic development for that purpose.  If there
  1 20 is an area in the city which meets the requirements for
  1 21 eligibility for an urban or rural enterprise community under
  1 22 Title XIII of the federal Omnibus Budget Reconciliation Act of
  1 23 1993, such area shall be designated by the state an economic
  1 24 development enterprise zone.  The area meeting the
  1 25 requirements for eligibility for an urban or rural enterprise
  1 26 community shall not be included for the purpose of determining
  1 27 the area limitation pursuant to subsection 4.  In creating an
  1 28 enterprise zone, a city with a population of twenty-four
  1 29 thousand or more, as shown by the 1990 2000 certified federal
  1 30 census, may designate as part of the area tracts or approved
  1 31 geographic units located in a contiguous city if such tracts
  1 32 or approved geographic units meet the criteria and the city
  1 33 agrees to being included.  The city may establish more than
  1 34 one enterprise zone.  Reference in this division to "city"
  1 35 means a city with a population of twenty-four thousand or
  2  1 more, as shown by the 1990 2000 certified federal census.
  2  2    3.  a.  A county may designate an enterprise zone within an
  2  3 area located in one or more contiguous census tracts or other
  2  4 geographic units of the county that meets at least two of the
  2  5 following distress criteria:
  2  6    (1)  The area has a per capita income of nine thousand six
  2  7 hundred dollars or less based according to the 1990 census.
  2  8    (2)  The area has a family poverty rate of twelve percent
  2  9 or more according to the 1990 census.
  2 10    (3)  Ten percent or more of the housing units in the area
  2 11 are vacant.
  2 12    (4)  The valuations of each class of property in the
  2 13 designated area of the census tract is seventy-five percent or
  2 14 less of the countywide average for that classification based
  2 15 upon the most recent valuations for property tax purposes.
  2 16    (5)  The area is a blighted area, as defined in section
  2 17 403.17.
  2 18    b.  The department shall not approve more than five
  2 19 enterprise zones designated under this subsection prior to
  2 20 July 1, 2001.
  2 21    4.  a.  A county or city which meets the distress criteria
  2 22 provided in section 15E.194, Code 2001, may apply to the
  2 23 department for an area to be certified as an enterprise zone
  2 24 at any time prior to July 1, 2003.  However, the total amount
  2 25 of land designated as enterprise zones under subsections 1 and
  2 26 2, and any other enterprise zones certified by the department,
  2 27 excluding those approved pursuant to section 15E.194,
  2 28 subsection 4, shall not exceed in the aggregate one percent of
  2 29 the total county area.
  2 30    b.  An enterprise zone certified by the department shall
  2 31 not be decertified or amended.
  2 32    c.  A county or city may apply to the department for an
  2 33 area to be certified as an enterprise zone at any time prior
  2 34 to July 1, 2005.  However, the total amount of land designated
  2 35 as enterprise zones under subsections 1 and 2, and any other
  3  1 enterprise zones certified by the department, excluding those
  3  2 approved pursuant to section 15E.194, subsection 4, shall not
  3  3 exceed in the aggregate one percent of the total county area.
  3  4    Sec. 2.  Section 15E.193B, subsection 1, Code Supplement
  3  5 2001, is amended to read as follows:
  3  6    1.  A housing business qualifying under this section is
  3  7 eligible to receive incentives and assistance only as provided
  3  8 in this section.  An eligible housing business shall not
  3  9 receive incentives or assistance for a home or multiple
  3 10 dwelling unit built or rehabilitated in an enterprise zone
  3 11 designated pursuant to section 15E.194, subsection 4.
  3 12 Sections 15E.193 and 15E.196 do not apply to an eligible
  3 13 housing business qualifying under this section.
  3 14    Sec. 3.  Section 15E.193B, subsection 6, paragraph a, Code
  3 15 Supplement 2001, is amended to read as follows:
  3 16    a.  An eligible housing business may claim a tax credit up
  3 17 to a maximum of ten percent of the new investment which is
  3 18 directly related to the building or rehabilitating of a
  3 19 minimum of four single-family homes located in that part of a
  3 20 city or county in which there is a designated enterprise zone
  3 21 or one multiple dwelling unit building containing three or
  3 22 more individual dwelling units located in that part of a city
  3 23 or county in which there is a designated enterprise zone.  The
  3 24 new investment that may be used to compute the tax credit
  3 25 shall not exceed the new investment used for the first one
  3 26 hundred forty thousand dollars of value for each single-family
  3 27 home or for each unit of a multiple dwelling unit building
  3 28 containing three or more units.  The tax credit may be used to
  3 29 reduce the tax liability imposed under chapter 422, division
  3 30 II, III, or V, or chapter 432.  Any credit in excess of the
  3 31 tax liability for the tax year may be credited to the tax
  3 32 liability for the following seven years or until depleted,
  3 33 whichever occurs earlier.  If the business is a partnership, S
  3 34 corporation, limited liability company, or estate or trust
  3 35 electing to have the income taxed directly to the individual,
  4  1 an individual may claim the tax credit allowed.  The amount
  4  2 claimed by the individual shall be based upon the pro rata
  4  3 share of the individual's earnings of the partnership, S
  4  4 corporation, limited liability company, or estate or trust.
  4  5    Sec. 4.  Section 15E.193C, subsections 2, 5, and 10, Code
  4  6 Supplement 2001, are amended to read as follows:
  4  7    2.  An eligible development business includes a developer
  4  8 or development contractor that constructs, expands, or
  4  9 rehabilitates a building space within a designated enterprise
  4 10 zone with a minimum capital investment of at least five
  4 11 hundred thousand dollars in that part of a city or county in
  4 12 which there is a designated enterprise zone.  A development
  4 13 business is eligible to receive incentives and assistance
  4 14 under this section if businesses locating into the building
  4 15 space have not closed or reduced its operation in one area of
  4 16 the state or a city and relocated substantially the same
  4 17 operation in the enterprise zone.  An eligible development
  4 18 business is eligible for one, but not both, of the following
  4 19 exemptions to the capital investment requirements:
  4 20    a.  For an eligible development business purchasing a
  4 21 vacant building suitable for industrial use, the fair market
  4 22 value of the building and land, not to exceed two hundred
  4 23 fifty thousand dollars, as determined by the local enterprise
  4 24 zone commission, shall be deducted from the capital investment
  4 25 requirement.
  4 26    b.  For an eligible development business that rehabilitates
  4 27 a building space that has been in an enterprise zone for at
  4 28 least five years, the fair market value as established by an
  4 29 appraisal of the building, not to exceed two hundred fifty
  4 30 thousand dollars, shall be deducted from the capital
  4 31 investment requirement.
  4 32    5.  Prior to applying for assistance under this section, an
  4 33 eligible development business shall enter into an agreement
  4 34 with at least one business for purposes of locating the
  4 35 business in all or a portion of the building space for a
  5  1 period of at least five years.  Nonretail businesses locating
  5  2 in a building space must create at least ten full-time
  5  3 positions, meet the criteria provided in section 15E.193,
  5  4 subsection 1, paragraphs "a", "b", and "c", and not share
  5  5 common ownership or common management with the development
  5  6 business.  A development business shall receive a pro rata
  5  7 share of the total incentives and assistance available to the
  5  8 development business based on the percentage of the building
  5  9 that is leased to nonretail businesses.  The department shall
  5 10 determine the procedure for issuing the incentives and
  5 11 assistance on a pro rata basis.
  5 12    10.  An eligible business under section 15E.193 is not
  5 13 eligible for incentives and assistance listed in section
  5 14 15E.196 if the property is owned, or was previously owned, by
  5 15 an approved development business that has received incentives
  5 16 and assistance under this section.
  5 17    Sec. 5.  Section 15E.193C, Code Supplement 2001, is amended
  5 18 by adding the following new subsection:
  5 19    NEW SUBSECTION.  12.  An approved development business
  5 20 shall submit an annual report to the department of economic
  5 21 development detailing and certifying the number of signed
  5 22 leases, jobs created, and total occupancy of the building.  An
  5 23 approved development business shall begin submitting annual
  5 24 reports the year upon approval of the application and shall
  5 25 continue to submit annual reports until incentives and
  5 26 assistance provided pursuant to this section are no longer
  5 27 received by the approved development business.
  5 28    Sec. 6.  Section 15E.194, subsections 1, 2, and 4, Code
  5 29 2001, are amended to read as follows:
  5 30    1.  An enterprise zone may be designated by a county which
  5 31 meets at least two of the following criteria:
  5 32    a.  The county has an average weekly wage that ranks among
  5 33 the bottom twenty-five counties in the state based on the 1995
  5 34 2000 annual average weekly wage for employees in private
  5 35 business.
  6  1    b.  The county has a family poverty rate that ranks among
  6  2 the top twenty-five counties in the state based on the 1990
  6  3 2000 census.
  6  4    c.  The county has experienced a percentage population loss
  6  5 that ranks among the top twenty-five counties in the state
  6  6 between 1990 and 1995 and 2000.
  6  7    d.  The county has a percentage of persons sixty-five years
  6  8 of age or older that ranks among the top twenty-five counties
  6  9 in the state based on the 1990 2000 census.
  6 10    2.  An enterprise zone may be designated by a city which
  6 11 meets at least two of the following criteria:
  6 12    a.  The area has a per capita income of nine thousand six
  6 13 hundred twelve thousand six hundred forty-eight dollars or
  6 14 less based on the 1990 2000 census.
  6 15    b.  The area has a family poverty rate of twelve percent or
  6 16 higher based on the 1990 2000 census.
  6 17    c.  Ten percent or more of the housing units are vacant in
  6 18 the area.
  6 19    d.  The valuations of each class of property in the
  6 20 designated area is seventy-five percent or less of the
  6 21 citywide average for that classification based upon the most
  6 22 recent valuations for property tax purposes.
  6 23    e.  The area is a blighted area, as defined in section
  6 24 403.17.
  6 25    4.  a.  A city of any size or any county may designate an
  6 26 enterprise zone at any time prior to July 1, 2010, when a
  6 27 business closure occurs involving the loss of full-time
  6 28 employees, not including retail employees, at one place of
  6 29 business totaling at least one thousand employees or four
  6 30 percent or more of the county's resident labor force based on
  6 31 the most recent annual resident labor force statistics from
  6 32 the department of workforce development, whichever is lower.
  6 33 The enterprise zone may be established on the property of the
  6 34 place of business that has closed and the enterprise zone may
  6 35 include an area up to an additional one mile three miles
  7  1 adjacent to the property.  The area meeting the requirements
  7  2 for enterprise zone eligibility under this subsection shall
  7  3 not be included for the purpose of determining the area
  7  4 limitation pursuant to section 15E.192, subsection 4.  An
  7  5 eligible housing business under section 15E.193B shall not
  7  6 receive incentives or assistance for a home or multiple
  7  7 dwelling unit built or rehabilitated in an enterprise zone
  7  8 designated pursuant to this subsection.
  7  9    b.  The area included in an enterprise zone designated
  7 10 under this subsection on or after June 1, 2000, may be amended
  7 11 to change the boundaries of the enterprise zone.  Such an
  7 12 amendment must be approved by the department within three
  7 13 years of the date the enterprise zone was certified.
  7 14    Sec. 7.  Section 15E.192, subsection 4, paragraph a, Code
  7 15 2003, is amended by striking the paragraph.
  7 16    Sec. 8.  Section 422.6, unnumbered paragraph 1, Code 2001,
  7 17 is amended to read as follows:
  7 18    The tax imposed by section 422.5 less the credits allowed
  7 19 under sections 15.333, 15.335, 15E.193A, 422.10, 422.11,
  7 20 422.11A, and 422.11B, and the personal exemption credit
  7 21 allowed under section 422.12 apply to and are a charge against
  7 22 estates and trusts with respect to their taxable income, and
  7 23 the rates are the same as those applicable to individuals.
  7 24 The fiduciary shall make the return of income for the estate
  7 25 or trust for which the fiduciary acts, whether the income is
  7 26 taxable to the estate or trust or to the beneficiaries.
  7 27 However, for tax years ending after August 5, 1997, if the
  7 28 trust is a qualified preneed funeral trust as set forth in
  7 29 section 685 of the Internal Revenue Code and the trustee has
  7 30 elected the special tax treatment under section 685 of the
  7 31 Internal Revenue Code, neither the trust nor the beneficiary
  7 32 is subject to Iowa income tax on income accruing to the trust.
  7 33    Sec. 9.  Section 15E.193A, Code 2001, is repealed.
  7 34    Sec. 10.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  7 35    1.  Section 4 of this Act, amending section 15E.193C,
  8  1 subsections 2, 5, and 10, Code 2001, being deemed of immediate
  8  2 importance, takes effect April 30, 2002, and, if approved by
  8  3 the governor after April 30, 2002, shall apply retroactively
  8  4 to April 30, 2002.
  8  5    2.  Section 7 of this Act, striking section 15E.192,
  8  6 subsection 4, paragraph "a", Code 2003, takes effect July 1,
  8  7 2003.  
  8  8 
  8  9 
  8 10                                                             
  8 11                               BRENT SIEGRIST
  8 12                               Speaker of the House
  8 13 
  8 14 
  8 15                                                             
  8 16                               MARY E. KRAMER
  8 17                               President of the Senate
  8 18 
  8 19    I hereby certify that this bill originated in the House and
  8 20 is known as House File 2378, Seventy-ninth General Assembly.
  8 21 
  8 22 
  8 23                                                             
  8 24                               MARGARET THOMSON
  8 25                               Chief Clerk of the House
  8 26 Approved                , 2002
  8 27 
  8 28 
  8 29                            
  8 30 THOMAS J. VILSACK
  8 31 Governor
     

Text: HF02377                           Text: HF02379
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