House File 2770 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO HF 2736)
                                       (SUCCESSOR TO HF 2497)


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

                                      A BILL FOR

  1 An Act relating to economic development by creating a bioscience
  2    funding board and bioscience fund, providing tax incentives
  3    under the high quality job creation Act, and providing an
  4    exempt activity for foreign corporations, and including
  5    effective and retroactive applicability date provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 5331HZ 81
  8 tm/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  15E.361  BIOSCIENCE FUNDING BOARD
  1  2 == BIOSCIENCE FUND.
  1  3    1.  A bioscience funding board is established for purposes
  1  4 of funding bioscience=related projects.  The board shall award
  1  5 financial assistance from moneys available in the bioscience
  1  6 fund created in subsection 4.  Financial assistance shall not
  1  7 be used to pay the salary of a salaried employee, but may be
  1  8 used to pay the salary of a contract employee provided the
  1  9 employment contract is for not more than five years.
  1 10 Financial assistance may only be used to partially fund an
  1 11 endowed chair position if significant private contributions
  1 12 and contributions from foreign governments are used to fund
  1 13 the position.  Not more than twenty=five percent of the cost
  1 14 of funding an endowed chair position shall be paid with
  1 15 financial assistance awarded from the bioscience fund.  Not
  1 16 more than twenty=five percent of all moneys deposited into the
  1 17 bioscience fund may be used for financial assistance to fund
  1 18 endowed chair positions.
  1 19    2.  The board shall consist of the following members:
  1 20    a.  Three members of the state board of regents appointed
  1 21 by the governor and confirmed by the senate pursuant to
  1 22 section 2.32.
  1 23    b.  Three members of a single bioscience development
  1 24 organization identified by the department pursuant to section
  1 25 15G.111, subsection 2, appointed by the governor and confirmed
  1 26 by the senate pursuant to section 2.32.
  1 27    c.  Three members appointed by the Iowa economic
  1 28 development board and confirmed by the senate pursuant to
  1 29 section 2.32.
  1 30    d.  One member selected by the members of the board who
  1 31 shall serve as the president of the board.
  1 32    3.  The terms of the appointed members shall be staggered
  1 33 as determined by the governor.  A vacancy shall be filled by
  1 34 the appointing authority.  Members shall serve three=year
  1 35 terms and may be reappointed.
  2  1    4.  A bioscience fund is created in the state treasury
  2  2 under the control of the board and consisting of any moneys
  2  3 appropriated by the general assembly and any other moneys
  2  4 available to and obtained or accepted by the board for
  2  5 placement in the fund.  Payments of interest, repayments of
  2  6 moneys loaned pursuant to this section, and recaptures of
  2  7 loans shall be deposited in the fund.  The fund shall be used
  2  8 to provide grants, loans, forgivable loans, loan guarantees,
  2  9 and other forms of assistance pursuant to subsection 1.
  2 10 Moneys in the fund are not subject to section 8.33.
  2 11 Notwithstanding section 12C.7, interest or earnings on moneys
  2 12 in the fund shall be credited to the fund.  The board shall
  2 13 ensure that the fund is an ongoing, self=sustaining fund.
  2 14    As a condition of the receipt of moneys from the fund, the
  2 15 department shall require recipients to enter into agreements
  2 16 specifying compliance reporting requirements.  If a recipient
  2 17 of moneys from the fund fails to comply with a reporting
  2 18 requirement or does not meet other compliance requirements in
  2 19 an agreement, the recipient is subject to repayment of all or
  2 20 a portion of the moneys received.  An agreement between the
  2 21 department and a recipient shall specify the method for
  2 22 determining the amount of moneys which will be repaid in the
  2 23 event of failure to comply with the requirements of an
  2 24 agreement.
  2 25    Sec. 2.  Section 15.335A, Code Supplement 2005, is amended
  2 26 by adding the following new subsection:
  2 27    NEW SUBSECTION.  7.  a.  In calculating the annual wage,
  2 28 including benefits, pursuant to subsection 1, the department
  2 29 shall not require a certain wage level, without benefits, to
  2 30 be met.
  2 31    b.  In calculating the value of benefits pursuant to
  2 32 subsection 1, if an employer offers medical insurance under
  2 33 both single and family coverage plans, the employer shall be
  2 34 given credit for providing medical insurance under family
  2 35 coverage plans to fifty percent of the number of new high=
  3  1 quality jobs employees.
  3  2    Sec. 3.  Section 15G.112, subsection 1, Code Supplement
  3  3 2005, is amended to read as follows:
  3  4    1.  In order to receive financial assistance from the
  3  5 department from moneys appropriated from the grow Iowa values
  3  6 fund, the average annual wage, including benefits, of new jobs
  3  7 created must be equal to or greater than one hundred thirty
  3  8 percent of the average county wage.  The department shall not
  3  9 require any other wage level to be met.  For purposes of this
  3 10 section, "average county wage" and "benefits" mean the same as
  3 11 defined in section 15I.1.
  3 12    Sec. 4.  Section 15I.1, subsection 2, paragraph a, Code
  3 13 Supplement 2005, is amended to read as follows:
  3 14    a.  Medical and dental insurance plans.  If an employer
  3 15 offers medical insurance under both single and family coverage
  3 16 plans, the employer shall be given credit for providing
  3 17 medical insurance under family coverage plans to the greater
  3 18 of fifty percent of the new employees or the actual percentage
  3 19 of new employees.
  3 20    Sec. 5.  Section 422.34A, Code 2005, is amended by adding
  3 21 the following new subsection:
  3 22    NEW SUBSECTION.  8.  Utilizing a distribution facility
  3 23 within this state, owning or leasing property at a
  3 24 distribution facility within this state that is used at or
  3 25 distributed from the distribution facility, or selling
  3 26 property shipped or distributed from a distribution facility.
  3 27 For purposes of this subsection, "distribution facility" means
  3 28 an establishment where shipments of tangible personal property
  3 29 are processed for delivery to customers.  "Distribution
  3 30 facility" does not include an establishment where retail sales
  3 31 of tangible personal property or returns of such property are
  3 32 undertaken with respect to retail customers on more than
  3 33 twelve days a year except for a distribution facility which
  3 34 processes customer sales orders by mail, telephone, or
  3 35 electronic means, if the distribution facility also processes
  4  1 shipments of tangible personal property to customers and if at
  4  2 least seventy=five percent of the dollar amount of goods sold
  4  3 through the distribution facility are sold to customers
  4  4 outside this state.
  4  5    Sec. 6.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATE.
  4  6    1.  Section 2 of this Act, being deemed of immediate
  4  7 importance, takes effect upon enactment and applies
  4  8 retroactively to June 9, 2005.
  4  9    2.  Section 5 of this Act, being deemed of immediate
  4 10 importance, takes effect upon enactment and applies
  4 11 retroactively to January 1, 2006, for tax years beginning on
  4 12 or after that date.
  4 13                           EXPLANATION
  4 14    This bill relates to economic development by creating a
  4 15 bioscience funding board and bioscience fund, providing tax
  4 16 incentives under the high quality job creation Act, and
  4 17 providing an income tax exempt activity for foreign
  4 18 corporations.
  4 19    The bill establishes a bioscience funding board for
  4 20 purposes of funding bioscience=related projects.  The bill
  4 21 creates a bioscience fund in the state treasury under the
  4 22 control of the board and consisting of any moneys appropriated
  4 23 by the general assembly and any other moneys available to and
  4 24 obtained or accepted by the board for placement in the fund.
  4 25    The bill provides that, as a condition of the receipt of
  4 26 moneys from the fund, the department shall require recipients
  4 27 to enter into agreements specifying compliance reporting
  4 28 requirements and repayment terms for noncompliance.  The bill
  4 29 provides that the board shall award financial assistance from
  4 30 moneys in the bioscience fund.  The bill prohibits the use of
  4 31 financial assistance for paying the salary of a salaried
  4 32 employee, but allows the use of paying the salary of certain
  4 33 contract employees.  The bill allows financial assistance to
  4 34 be used to partially fund an endowed chair position only if
  4 35 significant private contributions and contributions from
  5  1 foreign governments are used to fund the position.  The bill
  5  2 provides that not more than 25 percent of the cost of funding
  5  3 an endowed chair position shall be paid with financial
  5  4 assistance awarded from the bioscience fund and not more than
  5  5 25 percent of all moneys deposited into the fund may be used
  5  6 for financial assistance to fund endowed chair positions.
  5  7    In determining eligibility for tax incentives under the
  5  8 high quality job creation Act, a calculation of the annual
  5  9 wage, including benefits, of new high=quality jobs created
  5 10 must be performed.  The bill provides that, in making the
  5 11 calculation, the department shall not require a certain wage
  5 12 level, without benefits, to be met.  The bill provides that,
  5 13 in making a calculation of the value of benefits, if an
  5 14 employer offers medical insurance under both single and family
  5 15 coverage plans, the employer shall be given credit for
  5 16 providing medical insurance under family coverage plans to 50
  5 17 percent of the number of new high=quality jobs employees.
  5 18 This provision of the bill takes effect upon enactment and
  5 19 applies retroactively to June 9, 2005.
  5 20    Currently, in order to receive financial assistance from
  5 21 the department of economic development from moneys
  5 22 appropriated from the grow Iowa values fund, the average
  5 23 annual wage, including benefits, of new jobs created must be
  5 24 equal to or greater than 130 percent of the average county
  5 25 wage.  The bill prohibits the department from requiring any
  5 26 other wage level to be met.
  5 27    Currently, under the wage=benefits tax credit program, the
  5 28 term "benefits" is defined to include certain benefits, one of
  5 29 which is medical and dental insurance plans.  The bill
  5 30 provides that if an employer offers medical insurance under
  5 31 both single and family coverage plans, the employer shall be
  5 32 given credit for providing medical insurance under family
  5 33 coverage plans to the greater of 50 percent of the new
  5 34 employees or the actual percentage of new employees.
  5 35    The bill provides that a foreign corporation shall not be
  6  1 considered doing business in this state or deriving income
  6  2 from sources within this state for the purposes of corporate
  6  3 income tax liability by utilizing a distribution facility
  6  4 within this state, owning or leasing property at a
  6  5 distribution facility within this state that is used at or
  6  6 distributed from the distribution facility, or selling
  6  7 property shipped or distributed from a distribution facility.
  6  8 This provision of the bill takes effect upon enactment and
  6  9 applies retroactively to January 1, 2006.
  6 10 LSB 5331HZ 81
  6 11 tm:rj/cf/24