House Amendment 1663 PAG LIN 1 1 Amend Senate File 304, as passed by the Senate, as 1 2 follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 <Section 1. Section 403.19A, subsection 1, 1 6 paragraph g, Code 2009, is amended to read as follows: 1 7 g. "Withholding agreement" means the agreement 1 8 between a pilot project city, the department of 1 9 economic development, and an employer concerning the 1 10 targeted jobs withholding credit authorized in 1 11 subsection 3. 1 12 Sec. 2. Section 403.19A, subsection 3, paragraph 1 13 c, Code 2009, is amended to read as follows: 1 14 c. (1) The pilot project city shall enter into a 1 15 withholding agreement with the department of economic 1 16 development and each employer concerning the targeted 1 17 jobs withholding credit.However, anThe economic 1 18 development board may approve, deny, or modify the 1 19 terms of the withholding agreement. The withholding 1 20 agreement shall provide for the total amount of 1 21 withholding tax credits awarded. The agreement shall 1 22 not provide for an amount of withholding credits that 1 23 exceeds the amount of the qualifying investment made 1 24 in the project. The agreement shall provide for a 1 25 local matching contribution from the pilot project 1 26 city. The amount of the contribution shall be 1 27 determined by the economic development board. An 1 28 agreement shall not be entered into by a pilot project 1 29 city and the department of economic development with a 1 30 business currently located in this state unless the 1 31 business either creates ten new jobs or makes a 1 32 qualifying investment of at least five hundred 1 33 thousand dollars within the urban renewal area. An 1 34 agreement shall not be entered into with an employer 1 35 for purposes of gaining a competitive advantage 1 36 against another community in this state. The 1 37 withholding agreement may have a term of up to ten 1 38 years. An employer shall not be obligated to enter 1 39 into a withholding agreement. 1 40 (2) The pilot project city shall not enter into a 1 41 withholding agreement after June 30,20102013. 1 42 (3) An employer entering into a withholding 1 43 agreement shall provide to the pilot project city and 1 44 the department of economic development information 1 45 verifying compliance with the requirements of 1 46 subparagraph (1) of this paragraph "c", including 1 47 information regarding the creation or retention of 1 48 jobs. 1 49 (4) The pilot project city shall provide to the 1 50 department of economic development information 2 1 documenting the total amount of payments and receipts 2 2 under a withholding agreement, including all 2 3 agreements with an employer to suspend, abate, exempt, 2 4 rebate, refund, or reimburse property taxes, to 2 5 provide a grant for property taxes paid or a grant not 2 6 related to property taxes, or to make a direct payment 2 7 of taxes, with moneys in the special fund. 2 8 (5) If an employer fails to comply with the 2 9 requirements of the withholding agreement, the 2 10 department of economic development shall document the 2 11 failure, and the department of revenue shall seek 2 12 repayment from either the employer or the pilot 2 13 project city of the amount of credits withheld 2 14 pursuant to paragraph "b". 2 15 (6) The department of economic development may 2 16 adopt rules for the administration of this paragraph 2 17 "c", including providing for the types of information 2 18 acceptable to verify compliance with the withholding 2 19 agreement. The department of revenue may provide by 2 20 rule for the administration of this paragraph "c", 2 21 including providing for the determination of the 2 22 amount of credits to be recaptured from a pilot 2 23 project city or an employer under an agreement. 2 24 Sec. 3. APPLICABILITY DATE. This Act applies to 2 25 withholding agreements entered into on or after July 2 26 1, 2010.> 2 27 #2. Title page, by striking lines 1 through 3 and 2 28 inserting the following: <An Act relating to targeted 2 29 jobs withholding tax credit agreements by providing 2 30 for compliance requirements of pilot project cities 2 31 and employers and including an applicability date 2 32 provision.> 2 33 #3. By renumbering as necessary. 2 34 2 35 2 36 2 37 COMMITTEE ON WAYS AND MEANS 2 38 SHOMSHOR of Pottawattamie, Chairperson 2 39 SF 304.707 83 2 40 tw/tw/24183 -1-