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, an  The 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, 2010 2013.
     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

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