House File 2595 - Introduced



                                    HOUSE FILE       
                                    BY  COMMITTEE ON ECONOMIC GROWTH

                                    (SUCCESSOR TO HSB 630)


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

                                      A BILL FOR

  1 An Act relating to eligibility requirements and certification of
  2    enterprise zones under the enterprise zone program and
  3    including effective and retroactive applicability dates.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6084HV 81
  6 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 15E.192, subsection 2, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    2.  A city with a population of twenty=four thousand or
  1  4 more which includes at least three census tracts with at least
  1  5 fifty percent of the population in each census tract located
  1  6 in the city, as shown by the 2000 certified federal census,
  1  7 may create an economic development enterprise zone as
  1  8 authorized in this division, subject to certification by the
  1  9 department of economic development, by designating one or more
  1 10 contiguous census tracts, as determined in the most recent
  1 11 federal census, or designating other geographic units approved
  1 12 by the department of economic development for that purpose.
  1 13 If there is an area in the city which meets the requirements
  1 14 for eligibility for an urban or rural enterprise community
  1 15 under Title XIII of the federal Omnibus Budget Reconciliation
  1 16 Act of 1993, such area shall be designated by the state as an
  1 17 economic development enterprise zone.  The area meeting the
  1 18 requirements for eligibility for an urban or rural enterprise
  1 19 community shall not be included for the purpose of determining
  1 20 the area limitation pursuant to subsection 3.  In creating an
  1 21 enterprise zone, a city with a population of twenty=four
  1 22 thousand or more which includes at least three census tracts
  1 23 with at least fifty percent of the population in each census
  1 24 tract located in the city, as shown by the 2000 certified
  1 25 federal census, may designate as part of the area tracts or
  1 26 approved geographic units located in a contiguous city if such
  1 27 tracts or approved geographic units meet the criteria and the
  1 28 city agrees to being included.  The city may establish more
  1 29 than one enterprise zone.  Reference in this division to
  1 30 "city" means a city with a population of twenty=four thousand
  1 31 or more which includes at least three census tracts with at
  1 32 least fifty percent of the population in each census tract
  1 33 located in the city, as shown by the 2000 certified federal
  1 34 census.
  1 35    Sec. 2.  Section 15E.192, subsection 4, Code Supplement
  2  1 2005, is amended to read as follows:
  2  2    4.  An enterprise zone designation shall remain in effect
  2  3 for ten years following the date of certification.  Prior to
  2  4 the expiration of an enterprise zone designation, a city or
  2  5 county meeting the distress criteria in section 15E.194 may
  2  6 apply for a one=time ten=year extension of the designation.
  2  7 In applying for a one=time ten=year extension of an enterprise
  2  8 zone designation, a city or county may redefine the boundaries
  2  9 of the enterprise zone provided that the redefined enterprise
  2 10 zone meets the applicable distress criteria provided in
  2 11 section 15E.194.  Any state or local incentives or assistance
  2 12 that may be conferred must be conferred before the designation
  2 13 expires.  However, the benefits of the incentive or assistance
  2 14 may continue beyond the expiration.
  2 15    Sec. 3.  Section 15E.195, subsection 2, Code 2005, is
  2 16 amended to read as follows:
  2 17    2.  A city with a population of twenty=four thousand or
  2 18 more which includes at least three census tracts with at least
  2 19 fifty percent of the population in each census tract located
  2 20 in the city and which designates an enterprise zone pursuant
  2 21 to section 15E.194, subsection 2, and in which an eligible
  2 22 enterprise zone is certified shall establish an enterprise
  2 23 zone commission to review applications from qualified
  2 24 businesses located within or requesting to locate within an
  2 25 enterprise zone to receive incentives or assistance as
  2 26 provided in section 15E.196.  The enterprise zone commission
  2 27 shall review applications from qualified housing businesses
  2 28 requesting to receive incentives or assistance as provided in
  2 29 section 15E.193B.  The commission shall consist of nine
  2 30 members.  Six of these members shall consist of one
  2 31 representative of an international labor organization, one
  2 32 member with economic development expertise chosen by the
  2 33 department of economic development, one representative of the
  2 34 city council, one member of the local community college board
  2 35 of directors, one member of the city planning and zoning
  3  1 commission, and one representative of the local workforce
  3  2 development center.  These six members shall select the
  3  3 remaining three members.  If the enterprise zone consists of
  3  4 an area meeting the requirements for eligibility for an urban
  3  5 enterprise community under Title XIII of the federal Omnibus
  3  6 Budget Reconciliation Act of 1993, one of the remaining three
  3  7 members shall be a representative of that community.  If a
  3  8 city contiguous to the city designating the enterprise zone is
  3  9 included in an enterprise zone, a representative of the
  3 10 contiguous city, chosen by the city council, shall be a member
  3 11 of the commission.  A city in which an eligible enterprise
  3 12 zone is certified shall have only one enterprise zone
  3 13 commission.  If a city has established an enterprise zone
  3 14 commission prior to July 1, 1998, the city may petition to the
  3 15 department of economic development to change the structure of
  3 16 the existing commission.
  3 17    Sec. 4.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  3 18 This Act, being deemed of immediate importance, takes effect
  3 19 upon enactment and, if enacted after March 1, 2006, applies
  3 20 retroactively to March 1, 2006.
  3 21                           EXPLANATION
  3 22    This bill relates to eligibility requirements and
  3 23 certification of enterprise zones under the enterprise zone
  3 24 program and includes effective and retroactive applicability
  3 25 dates.
  3 26    Currently, a city with a population of 24,000 or more is
  3 27 eligible to designate an enterprise zone if the enterprise
  3 28 zone meets certain distress criteria.  The bill eliminates the
  3 29 24,000 population threshold and, instead, provides that a city
  3 30 which includes at least three census tracts with at least 50
  3 31 percent of the population in each census tract located in the
  3 32 city, as shown by the 2000 certified federal census, is
  3 33 eligible to designate an enterprise zone if the enterprise
  3 34 zone meets certain distress criteria.
  3 35    The bill provides that, prior to the expiration of an
  4  1 enterprise zone designation, a city or county meeting certain
  4  2 distress criteria may apply for a one=time 10=year extension
  4  3 of the enterprise zone designation.  The bill provides that,
  4  4 in applying for a one=time 10=year extension, a city or county
  4  5 may redefine the boundaries of the enterprise zone, provided
  4  6 the redefined enterprise zone meets the applicable distress
  4  7 criteria.
  4  8    The bill takes effect upon enactment and, if enacted after
  4  9 March 1, 2006, applies retroactively to March 1, 2006.
  4 10 LSB 6084HV 81
  4 11 tm:nh/gg/14