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Senate File 2137

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 15E.192, subsections 2, 3, and 4, Code
  1  2 2001, are amended to read as follows:
  1  3    2.  A city with a population of twenty-four thousand or
  1  4 more, as shown by the 1990 2000 certified federal census, may
  1  5 create an economic development enterprise zone as authorized
  1  6 in this division, subject to certification by the department
  1  7 of economic development, by designating one or more contiguous
  1  8 census tracts, as determined in the most recent federal
  1  9 census, or designating other geographic units approved by the
  1 10 department of economic development for that purpose.  If there
  1 11 is an area in the city which meets the requirements for
  1 12 eligibility for an urban or rural enterprise community under
  1 13 Title XIII of the federal Omnibus Budget Reconciliation Act of
  1 14 1993, such area shall be designated by the state an economic
  1 15 development enterprise zone.  The area meeting the
  1 16 requirements for eligibility for an urban or rural enterprise
  1 17 community shall not be included for the purpose of determining
  1 18 the area limitation pursuant to subsection 4.  In creating an
  1 19 enterprise zone, a city with a population of twenty-four
  1 20 thousand or more, as shown by the 1990 2000 certified federal
  1 21 census, may designate as part of the area tracts or approved
  1 22 geographic units located in a contiguous city if such tracts
  1 23 or approved geographic units meet the criteria and the city
  1 24 agrees to being included.  The city may establish more than
  1 25 one enterprise zone.  Reference in this division to "city"
  1 26 means a city with a population of twenty-four thousand or
  1 27 more, as shown by the 1990 2000 certified federal census.
  1 28    3.  a.  A county may designate an enterprise zone within an
  1 29 area located in one or more contiguous census tracts or other
  1 30 geographic units of the county that meets at least two of the
  1 31 following distress criteria:
  1 32    (1)  The area has a per capita income of nine thousand six
  1 33 hundred dollars or less based according to the 1990 census.
  1 34    (2)  The area has a family poverty rate of twelve percent
  1 35 or more according to the 1990 census.
  2  1    (3)  Ten percent or more of the housing units in the area
  2  2 are vacant.
  2  3    (4)  The valuations of each class of property in the
  2  4 designated area of the census tract is seventy-five percent or
  2  5 less of the countywide average for that classification based
  2  6 upon the most recent valuations for property tax purposes.
  2  7    (5)  The area is a blighted area, as defined in section
  2  8 403.17.
  2  9    b.  The department shall not approve more than five
  2 10 enterprise zones designated under this subsection prior to
  2 11 July 1, 2001.
  2 12    4.  a.   A county or city which meets the distress criteria
  2 13 provided in section 15E.194, Code 2001, may apply to the
  2 14 department for an area to be certified as an enterprise zone
  2 15 at any time prior to July 1, 2003.  However, the total amount
  2 16 of land designated as enterprise zones under subsections 1 and
  2 17 2, and any other enterprise zones certified by the department,
  2 18 excluding those approved pursuant to section 15E.194,
  2 19 subsection 4, shall not exceed in the aggregate one percent of
  2 20 the total county area.
  2 21    b.  An enterprise zone certified by the department shall
  2 22 not be decertified or amended.
  2 23    c.  A county or city may apply to the department for an
  2 24 area to be certified as an enterprise zone at any time prior
  2 25 to July 1, 2005.  However, the total amount of land designated
  2 26 as enterprise zones under subsections 1 and 2, and any other
  2 27 enterprise zones certified by the department, excluding those
  2 28 approved pursuant to section 15E.194, subsection 4, shall not
  2 29 exceed in the aggregate one percent of the total county area.
  2 30    Sec. 2.  Section 15E.193C, subsections 5 and 10, Code
  2 31 Supplement 2001, are amended to read as follows:
  2 32    5.  Prior to applying for assistance under this section, an
  2 33 eligible development business shall enter into an agreement
  2 34 with at least one business for purposes of locating the
  2 35 business in all or a portion of the building space for a
  3  1 period of at least five years.  The locating business must
  3  2 occupy at least seventy-five percent of the total building
  3  3 space and meet the criteria provided in section 15E.193,
  3  4 subsection 1, paragraphs "a", "b", and "c", and create at
  3  5 least three full-time positions.
  3  6    10.  An eligible business under section 15E.193 is not
  3  7 eligible for incentives and assistance listed in section
  3  8 15E.196 if the property is owned, or was previously owned, by
  3  9 an approved development business that has received incentives
  3 10 and assistance under this section.
  3 11    Sec. 3.  Section 15E.194, subsections 1 and 2, Code 2001,
  3 12 are amended to read as follows:
  3 13    1.  An enterprise zone may be designated by a county which
  3 14 meets at least two of the following criteria:
  3 15    a.  The county has an average weekly wage that ranks among
  3 16 the bottom twenty-five counties in the state based on the 1995
  3 17 2000 annual average weekly wage for employees in private
  3 18 business.
  3 19    b.  The county has a family poverty rate that ranks among
  3 20 the top twenty-five counties in the state based on the 1990
  3 21 2000 census.
  3 22    c.  The county has experienced a percentage population loss
  3 23 that ranks among the top twenty-five counties in the state
  3 24 between 1990 and 1995 and 2000.
  3 25    d.  The county has a percentage of persons sixty-five years
  3 26 of age or older that ranks among the top twenty-five counties
  3 27 in the state based on the 1990 2000 census.
  3 28    2.  An enterprise zone may be designated by a city which
  3 29 meets at least two of the following criteria:
  3 30    a.  The area has a per capita income of nine thousand six
  3 31 hundred dollars or less based on the 1990 2000 census.
  3 32    b.  The area has a family poverty rate of twelve percent or
  3 33 higher based on the 1990 2000 census.
  3 34    c.  Ten percent or more of the housing units are vacant in
  3 35 the area.
  4  1    d.  The valuations of each class of property in the
  4  2 designated area is seventy-five percent or less of the
  4  3 citywide average for that classification based upon the most
  4  4 recent valuations for property tax purposes.
  4  5    e.  The area is a blighted area, as defined in section
  4  6 403.17.
  4  7    Sec. 4.  Section 15E.192, subsection 4, paragraph a, Code
  4  8 2003, is amended by striking the paragraph.
  4  9    Sec. 5.  Section 422.6, unnumbered paragraph 1, Code 2001,
  4 10 is amended to read as follows:
  4 11    The tax imposed by section 422.5 less the credits allowed
  4 12 under sections 15.333, 15.335, 15E.193A, 422.10, 422.11,
  4 13 422.11A, and 422.11B, and the personal exemption credit
  4 14 allowed under section 422.12 apply to and are a charge against
  4 15 estates and trusts with respect to their taxable income, and
  4 16 the rates are the same as those applicable to individuals.
  4 17 The fiduciary shall make the return of income for the estate
  4 18 or trust for which the fiduciary acts, whether the income is
  4 19 taxable to the estate or trust or to the beneficiaries.
  4 20 However, for tax years ending after August 5, 1997, if the
  4 21 trust is a qualified preneed funeral trust as set forth in
  4 22 section 685 of the Internal Revenue Code and the trustee has
  4 23 elected the special tax treatment under section 685 of the
  4 24 Internal Revenue Code, neither the trust nor the beneficiary
  4 25 is subject to Iowa income tax on income accruing to the trust.
  4 26    Sec. 6.  Section 15E.193A, Code 2001, is repealed.
  4 27    Sec. 7.  EFFECTIVE DATE.  Section 4 of this Act, striking
  4 28 section 15E.192, subsection 4, paragraph "a", Code 2003, takes
  4 29 effect July 1, 2003.  
  4 30                           EXPLANATION
  4 31    This bill amends the enterprise zone program which is
  4 32 administered by the department of economic development.
  4 33    The bill changes all the references to the 1990 certified
  4 34 federal census to the 2000 certified federal census.  The bill
  4 35 allows counties and cities currently meeting distress criteria
  5  1 based on the 1990 census to continue to designate enterprise
  5  2 zones until July 1, 2003.  The bill allows counties and cities
  5  3 meeting the distress criteria based on the 2000 census to
  5  4 designate enterprise zones between the effective date of the
  5  5 bill (July 1, 2002) and July 1, 2005.
  5  6    The bill provides that a certified enterprise zone shall
  5  7 not be decertified or amended.
  5  8    The bill eliminates a special provision which allowed a
  5  9 county to designate an enterprise zone if certain criteria
  5 10 were met.  The special provision limited the department to
  5 11 approving not more than five such enterprise zones prior to
  5 12 July 1, 2001.
  5 13    The bill amends two provisions relating to business
  5 14 development enterprise zones.  The bill eliminates a provision
  5 15 which prohibited an eligible business from receiving
  5 16 enterprise zone incentives and assistance if the eligible
  5 17 business is located on property which is owned, or was
  5 18 previously owned, by an approved development business that had
  5 19 received enterprise zone incentives and assistance.  The bill
  5 20 also provides that an eligible development business must enter
  5 21 into an agreement with a business which will occupy at least
  5 22 75 percent of the total building space, meet employment level
  5 23 criteria, and meet certain criteria relating to employee wages
  5 24 and benefits and the type of business locating in the
  5 25 building.
  5 26    The bill repeals Code section 15E.193A relating to the
  5 27 ability of certain businesses located outside of an enterprise
  5 28 zone to receive enterprise zone incentives and assistance.  
  5 29 LSB 5305SV 79
  5 30 tm/pj/5
     

Text: SF02136                           Text: SF02138
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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