House File 2425

                                       HOUSE FILE       
                                       BY  COMMITTEE ON ECONOMIC GROWTH

                                       (SUCCESSOR TO HSB 653)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to moneys and tax credits for economic
  2    development.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6375HV 80
  5 tm/sh/8

PAG LIN

  1  1    Section 1.  Section 15.109, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  Apply for, receive, administer, and use federal or
  1  4 other funds available for achieving the purposes of this
  1  5 chapter.  For purposes of this subsection, the term "federal
  1  6 funds" includes federal tax credits, grants, or other economic
  1  7 benefits allocated or provided by the United States government
  1  8 to encourage investment in low=income or other specified areas
  1  9 or to otherwise promote economic development.  The department
  1 10 may enter into an agreement pursuant to chapter 28E, or any
  1 11 other agreement, with a person, including for=profit and
  1 12 nonprofit legal entities, in order to directly or indirectly
  1 13 apply for, receive, administer, and use federal funds.  As
  1 14 part of such agreements and in furtherance of this public
  1 15 purpose and in addition to powers and duties conferred under
  1 16 other provisions of law, the department may, including for or
  1 17 on behalf of for=profit or nonprofit legal entities, appoint,
  1 18 remove, and replace board members and advisors; provide
  1 19 oversight; make its personnel and resources available to
  1 20 perform administrative, management, and compliance functions;
  1 21 coordinate investments; and engage in other acts as reasonable
  1 22 and necessary to encourage investment in low=income or other
  1 23 areas or to promote economic development.  The department,
  1 24 including department officials and employees in their official
  1 25 and personal capacities, are immune from liability for all
  1 26 acts or omissions under this subsection.
  1 27    Sec. 2.  Section 15E.43, subsection 4, Code Supplement
  1 28 2003, is amended to read as follows:
  1 29    4.  The aggregate amount of tax credits issued pursuant to
  1 30 this division shall not exceed a total of ten million dollars.
  1 31 The total amount of tax credits issued during the fiscal year
  1 32 beginning July 1, 2002, shall not exceed three million
  1 33 dollars.  The total amount of tax credits issued during the
  1 34 fiscal year beginning July 1, 2003, shall not exceed three
  1 35 million dollars.  The total amount of tax credits issued
  2  1 during the fiscal year beginning July 1, 2004, shall not
  2  2 exceed four million dollars.  If the total amount of tax
  2  3 credits allowed for a particular fiscal year are not issued,
  2  4 any remaining amount may be issued in succeeding years.  Tax
  2  5 credits shall not be issued pursuant to this division after
  2  6 June 30, 2008.
  2  7    Sec. 3.  Section 15E.65, subsection 2, paragraph c, Code
  2  8 2003, is amended to read as follows:
  2  9    c.  The Iowa fund of funds shall establish and administer a
  2 10 program to provide loan guarantees and other related credit
  2 11 enhancements on loans to rural and small business borrowers
  2 12 within the state of Iowa, including rural small business
  2 13 investment companies formed under the federal Farm Security
  2 14 and Rural Investment Act of 2002, Pub. L. No. 107=171.  The
  2 15 Iowa fund of funds shall invest five percent of its assets in
  2 16 investments for this program.
  2 17                           EXPLANATION
  2 18    This bill relates to moneys and tax credits for economic
  2 19 development.
  2 20    The bill provides that the department of economic
  2 21 development may enter into an agreement pursuant to Code
  2 22 chapter 28E, or any other agreement, with a person, including
  2 23 for=profit and nonprofit legal entities, in order to directly
  2 24 or indirectly apply for, receive, administer, and use certain
  2 25 federal funds.  The bill provides for powers and duties that
  2 26 the department may exercise under such agreements.  The bill
  2 27 provides that the department, including department officials
  2 28 and employees in their official and personal capacities, are
  2 29 immune from liability for all acts or omissions under such
  2 30 agreements.
  2 31    The bill provides that the Iowa fund of funds, as part of a
  2 32 program to provide loan guarantees and other related credit
  2 33 enhancements on loans to rural and small business borrowers
  2 34 within the state of Iowa, may provide such financial
  2 35 assistance to rural small business investment companies formed
  3  1 under the federal Farm Security and Rural Investment Act of
  3  2 2002.
  3  3    The bill extends the number of years in which tax credits
  3  4 equal to a portion of an equity investment in a qualifying
  3  5 business or in a community=based seed capital fund may be
  3  6 issued.  The tax credits are issued by the Iowa capital
  3  7 investment board.  Currently, the aggregate amount of tax
  3  8 credits issued shall not exceed a total of $10 million.  The
  3  9 total amount of tax credits issued during the fiscal year
  3 10 beginning July 1, 2002, shall not exceed $3 million.  The
  3 11 total amount of tax credits issued during the fiscal year
  3 12 beginning July 1, 2003, shall not exceed $3 million.  The
  3 13 total amount of tax credits issued during the fiscal year
  3 14 beginning July 1, 2004, shall not exceed $4 million.  The bill
  3 15 provides that if the total amount of tax credits allowed for a
  3 16 particular fiscal year are not issued, any remaining amount
  3 17 may be issued in succeeding years.  The bill provides that tax
  3 18 credits shall not be issued after June 30, 2008.
  3 19 LSB 6375HV 80
  3 20 tm/sh/8