Senate
File
2139
-
Introduced
SENATE
FILE
2139
BY
HATCH
A
BILL
FOR
An
Act
relating
to
economic
development
by
creating
rural
1
opportunity
zones,
a
student
loan
repayment
program
and
2
fund,
an
individual
income
tax
credit,
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
15E.185
Rural
opportunity
zones.
1
1.
The
economic
development
authority
shall
designate
a
2
county
of
this
state
as
a
rural
opportunity
zone
if
it
meets
3
the
eligibility
criteria
in
section
15E.186.
A
county
shall
4
remain
designated
as
a
rural
opportunity
zone
until
it
loses
5
its
designation
from
the
authority.
A
county
may
lose
its
6
designation
as
a
rural
opportunity
zone
if
events
subsequent
7
to
its
designation
cause
it
to
lose
eligibility
because
it
8
no
longer
meets
the
criteria
specified
in
section
15E.186.
9
However,
a
county
shall
not
lose
its
designation
as
a
rural
10
opportunity
zone
during
its
participation
in
the
student
loan
11
repayment
program
under
section
15E.188.
12
2.
A
county
may
apply
to
the
authority
for
designation
as
a
13
rural
opportunity
zone.
The
application
shall
be
made
by
the
14
county
board
of
supervisors
in
the
form
and
manner
prescribed
15
by
the
authority.
The
authority
shall
consider
each
county
for
16
designation
as
a
rural
opportunity
zone,
even
if
the
county
17
does
not
submit
an
application.
18
3.
The
authority
shall
review
the
eligibility
of
each
county
19
in
this
state
as
a
rural
opportunity
zone
at
least
annually.
20
Sec.
2.
NEW
SECTION
.
15E.186
Rural
opportunity
zone
21
eligibility
criteria.
22
A
county
may
be
designated
by
the
authority
as
a
rural
23
opportunity
zone
if
it
meets
at
least
two
of
the
following
24
criteria:
25
1.
The
county
has
an
average
weekly
wage
that
ranks
among
26
the
bottom
twenty-five
counties
in
the
state
based
on
the
2010
27
annual
average
weekly
wage
for
employees
in
private
business.
28
2.
The
county
has
a
per
capita
income
of
twelve
thousand
six
29
hundred
forty-eight
dollars
or
less
based
on
the
2010
certified
30
federal
census.
31
3.
The
county
has
a
family
poverty
rate
of
twelve
percent
or
32
higher
based
on
the
2010
certified
federal
census.
33
4.
The
county
has
a
family
poverty
rate
that
ranks
among
34
the
top
twenty-five
counties
in
the
state
based
on
the
2010
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certified
federal
census.
1
5.
The
county
has
experienced
a
percentage
population
2
loss
that
ranks
among
the
top
twenty-five
counties
in
the
3
state
between
2005
and
2010.
For
purposes
of
this
subsection,
4
prison
population
shall
be
excluded
in
the
population
loss
5
calculations.
6
6.
The
county
has
a
percentage
of
persons
sixty-five
years
7
of
age
or
older
that
ranks
among
the
top
twenty-five
counties
8
in
the
state
based
on
the
2010
certified
federal
census.
9
7.
Ten
percent
or
more
of
the
housing
units
are
vacant
in
10
the
county.
11
8.
The
valuations
of
each
class
of
property
in
the
county
12
is
seventy-five
percent
or
less
of
the
statewide
average
for
13
that
classification
based
upon
the
most
recent
valuations
for
14
property
tax
purposes.
15
9.
A
recent
business
closure
or
permanent
layoff
has
16
occurred
in
the
county.
The
business
closure
or
permanent
17
layoff
must
involve
the
loss
of
full-time
employees,
not
18
including
retail
employees,
at
one
place
of
business
totaling
19
at
least
one
thousand
employees
or
four
percent
or
more
of
20
the
county’s
resident
labor
force
based
on
the
most
recent
21
annual
resident
labor
force
statistics
from
the
department
of
22
workforce
development,
whichever
is
lower.
A
permanent
layoff
23
does
not
include
a
layoff
of
seasonal
employees
or
a
layoff
24
that
is
seasonal
in
nature.
For
purposes
of
this
paragraph,
25
“permanent
layoff”
means
the
loss
of
jobs
to
an
out-of-state
26
location,
the
cessation
of
one
or
more
production
lines,
the
27
removal
of
manufacturing
machinery
and
equipment,
or
similar
28
actions
determined
to
be
equivalent
in
nature
by
the
authority.
29
For
purposes
of
this
subsection,
a
permanent
layoff
must
occur
30
on
or
after
the
effective
date
of
this
Act.
31
Sec.
3.
NEW
SECTION
.
15E.187
Student
loan
repayment
program
32
fund.
33
A
student
loan
repayment
program
fund
is
created
in
34
the
state
treasury
under
the
authority
of
the
economic
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development
authority.
The
fund
shall
consist
of
all
moneys
1
appropriated
to
it
by
the
general
assembly.
The
moneys
in
the
2
fund
are
not
subject
to
the
provisions
of
section
8.33
and
3
shall
not
be
transferred,
used,
obligated,
appropriated,
or
4
otherwise
encumbered
except
as
provided
in
section
15E.188.
5
Notwithstanding
section
12C.7,
subsection
2,
earnings
or
6
interest
on
moneys
appropriated
pursuant
to
this
section
shall
7
be
retained
by
the
fund
and
used
for
the
purposes
designated
8
until
expended.
9
Sec.
4.
NEW
SECTION
.
15E.188
Student
loan
repayment
10
program.
11
1.
For
purposes
of
this
section,
unless
the
context
12
otherwise
requires:
13
a.
“Outstanding
student
loan
debt”
means
the
student
loan
14
debt
balance
of
a
participating
individual
at
the
time
of
15
enrollment
in
the
program,
which
debt
was
incurred
by
the
16
participating
individual
for
attendance
at
an
institution
of
17
higher
education
where
such
participating
individual
earned
an
18
associate,
bachelor,
or
postgraduate
degree.
For
purposes
of
19
this
paragraph,
“institution
of
higher
education”
means
the
same
20
as
defined
in
section
12D.1.
21
b.
“Participating
county”
means
a
county
which
has
created
a
22
county
component
in
the
program
pursuant
to
subsection
4.
23
c.
“Participating
individual”
means
an
individual
that
has
24
enrolled
in
the
program
pursuant
to
subsection
5.
25
d.
“Program”
means
the
student
loan
repayment
program
26
established
pursuant
to
this
section,
which
program
includes
27
both
a
county
component
and
a
matching
component.
28
e.
“Qualifying
individual”
means
an
individual
that
meets
29
the
eligibility
requirements
in
subsection
3,
paragraph
“a”
,
30
for
participation
in
the
program.
31
2.
There
is
established
a
student
loan
repayment
program
32
within
the
economic
development
authority.
The
program
shall
33
consist
of
a
county
component
for
each
participating
county
and
34
a
matching
component
of
the
economic
development
authority
for
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the
purpose
of
providing
student
loan
repayment
assistance
on
1
the
outstanding
student
loan
debt
of
participating
individuals.
2
3.
A
county
designated
as
a
rural
opportunity
zone
pursuant
3
to
sections
15E.185
and
15E.186
may
participate
in
the
program
4
if
it
creates
and
implements
a
county
component.
A
county
5
component
shall
contain
the
uniform
terms
and
conditions
6
prescribed
by
the
authority,
and
shall
meet
the
following
7
minimum
qualifications:
8
a.
The
county
component
shall
only
apply
to
resident
9
individuals
that
have
outstanding
student
loan
debt
and
that
10
establish
domicile
in
the
applicable
county
on
or
after
the
11
county
adopts
a
resolution
creating
a
county
component
pursuant
12
to
subsection
4,
and
prior
to
July
1,
2017.
13
b.
The
county
component
shall
provide
that
participating
14
individuals
are
entitled
to
full
participation
in
the
county
15
component
for
five
years,
provided
the
participating
individual
16
remains
domiciled
within
that
county
for
the
entire
five-year
17
period.
Any
participating
individual
that
establishes
domicile
18
outside
of
the
county
for
which
the
individual
first
qualified
19
shall
become
ineligible
to
continue
participation
in
the
20
program.
21
c.
The
county,
through
its
county
component,
shall
agree
22
to
repay,
subject
to
the
availability
of
matching
payments
by
23
the
economic
development
authority
in
subsection
6,
over
a
24
five-year
period,
the
lesser
of
ten
percent
of
the
outstanding
25
student
loan
debt
of
the
participating
individual
or
seven
26
thousand
five
hundred
dollars
of
the
outstanding
student
27
loan
debt
of
the
participating
individual.
A
participating
28
individual
must
remain
domiciled
in
the
applicable
county
for
29
an
entire
calendar
year
to
receive
repayment
assistance
for
30
that
year.
31
4.
A
county
which
creates
and
implements
a
county
component
32
must
provide
to
the
authority
a
duly
adopted
resolution
from
33
its
board
of
supervisors
on
or
before
January
1,
2013.
The
34
resolution
shall
be
irrevocable
and
shall
obligate
the
county
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to
participate
in
the
program
for
a
period
of
five
years
for
1
each
participating
individual.
2
5.
A
qualifying
individual
shall
enroll
in
both
the
county
3
component
and
the
matching
component
of
this
program
in
the
4
form
and
manner
prescribed
by
the
authority.
5
6.
a.
The
authority
shall,
subject
to
the
availability
6
of
moneys
in
the
student
loan
repayment
program
fund,
match
7
repayments
made
by
a
participating
county
under
its
county
8
component
for
each
participating
individual
up
to
the
maximum
9
amount
specified
in
subsection
3,
paragraph
“c”
.
10
b.
Annual
repayments
of
outstanding
student
loan
debt
11
by
a
participating
county
under
its
county
component
of
the
12
program,
and
matching
repayments
by
the
economic
development
13
authority
under
the
matching
component
of
the
program
shall
14
be
made
following
the
close
of
a
calendar
year
and
following
15
the
participating
individual’s
certification
by
the
authority
16
and
the
applicable
county
that
the
participating
individual
17
is
entitled
to
repayment
assistance
pursuant
to
the
program.
18
Repayments
will
be
made
directly
to
the
lender
of
the
19
participating
individual’s
outstanding
student
loan
debt.
20
c.
The
maximum
aggregate
amount
that
any
participating
21
individual
may
receive
from
the
county
component
and
matching
22
component
of
this
program
shall
not
exceed
the
lesser
of
23
twenty
percent
of
the
outstanding
student
loan
debt
of
the
24
participating
individual
or
fifteen
thousand
dollars
of
the
25
outstanding
student
loan
debt
of
the
participating
individual.
26
d.
Repayment
assistance
from
the
authority
under
the
27
matching
component
of
this
program
is
subject
to
the
28
availability
of
moneys
in
the
student
loan
repayment
program
29
fund.
Nothing
in
this
section
guarantees
a
participating
30
individual
a
right
to
receive
benefits
provided
in
this
31
section.
A
county
may
provide
repayment
assistance
under
its
32
county
component
even
if
insufficient
funds
exist
for
the
33
economic
development
authority
to
provide
matching
funds
under
34
the
matching
component.
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7.
The
authority
shall
adopt
rules
under
chapter
17A
1
relating
to
the
administration
of
this
section.
2
Sec.
5.
NEW
SECTION
.
15E.189
Future
repeal.
3
This
division
is
repealed
on
June
30,
2023.
4
Sec.
6.
NEW
SECTION
.
422.11I
Rural
opportunity
zone
tax
5
credit.
6
1.
As
used
in
this
section,
unless
the
context
otherwise
7
requires,
“rural
opportunity
zone”
means
any
county
designated
8
by
the
economic
development
authority
as
a
rural
opportunity
9
zone
pursuant
to
sections
15E.185
and
15E.186.
10
2.
The
taxes
imposed
under
this
division,
less
the
credits
11
allowed
under
section
422.12,
shall
be
reduced
by
a
rural
12
opportunity
zone
tax
credit.
To
be
eligible
for
the
credit,
13
the
taxpayer
must
meet
all
of
the
following
requirements:
14
a.
The
taxpayer
must
be
a
resident
individual
who
was
15
domiciled
in
a
rural
opportunity
zone
in
this
state
during
16
the
entire
tax
year.
A
taxpayer
domiciled
in
a
county
that
17
has
lost
its
designation
as
a
rural
opportunity
zone
shall
be
18
considered
to
be
domiciled
in
a
rural
opportunity
zone,
so
long
19
as
the
taxpayer
established
domicile
in
that
county
while
the
20
county
was
designated
as
a
rural
opportunity
zone.
21
b.
The
taxpayer
established
domicile
in
a
rural
opportunity
22
zone
on
or
after
July
1,
2012,
and
prior
to
January
1,
2017.
23
c.
The
taxpayer
was
domiciled
outside
of
this
state
for
five
24
or
more
years
immediately
prior
to
establishing
domicile
in
a
25
rural
opportunity
zone.
26
d.
The
taxpayer
had
Iowa
source
net
income
of
less
than
27
ten
thousand
dollars
in
any
one
year
for
each
of
the
five
28
years
immediately
prior
to
establishing
domicile
in
a
rural
29
opportunity
zone.
30
e.
The
taxpayer’s
tax
return
on
which
the
credit
is
claimed
31
is
timely
filed,
including
any
extension
of
time
to
file.
32
f.
The
taxpayer
is
not
currently
delinquent
in
filing
33
any
tax
return
with
this
state
nor
does
the
taxpayer
have
34
delinquent
accounts,
charges,
fees,
loans,
taxes,
or
other
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indebtedness
owed
to
this
state
or
a
political
subdivision
of
1
this
state.
2
3.
a.
The
credit
shall
be
an
amount
equal
to
the
taxpayer’s
3
income
tax
payable
to
this
state
under
this
division,
computed
4
without
regard
to
the
credit
allowed
under
this
section,
5
the
credit
for
withheld
tax
allowed
under
section
422.16,
6
subsection
9,
and
the
credit
for
estimated
tax
paid
under
7
section
422.16,
subsection
11,
paragraph
“d”
.
8
b.
The
maximum
amount
that
may
be
refunded
to
a
taxpayer
9
in
any
tax
year
the
credit
allowed
under
this
section
is
10
claimed
shall
not
exceed
the
sum
of
the
amount
withheld
from
11
the
taxpayer’s
wages
or
other
income
pursuant
to
section
12
422.16,
subsection
1,
for
the
tax
year,
plus
the
amount
paid
13
as
estimated
tax
by
the
taxpayer
pursuant
to
section
422.16,
14
subsection
11,
for
the
tax
year.
15
c.
A
taxpayer
may
claim
the
credit
allowed
under
this
16
section
for
not
more
than
five
consecutive
tax
years
following
17
establishment
of
the
taxpayer’s
domicile
in
a
rural
opportunity
18
zone
pursuant
to
subsection
2,
paragraph
“b”
.
19
4.
This
section
is
repealed
on
June
30,
2022.
20
Sec.
7.
APPLICABILITY.
The
following
provision
or
21
provisions
of
this
Act
apply
to
tax
years
beginning
on
or
after
22
January
1,
2013,
and
ending
on
or
before
December
31,
2021:
23
1.
The
section
of
this
Act
enacting
section
422.11I.
24
EXPLANATION
25
This
bill
relates
to
economic
development
by
creating
rural
26
opportunity
zones
within
this
state,
a
student
loan
repayment
27
program
and
fund,
and
an
individual
income
tax
credit.
28
The
bill
provides
that
the
economic
development
authority
29
shall
designate
counties
of
this
state
as
rural
opportunity
30
zones
if
they
meet
certain
criteria.
A
county
may
apply
to
31
the
authority
for
designation
as
a
rural
opportunity
zone,
but
32
application
is
not
required
for
designation
by
the
authority.
33
Once
designated
as
a
rural
opportunity
zone,
a
county
may
be
34
undesignated
by
the
authority
if
events
subsequent
to
its
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designation
cause
it
to
no
longer
be
eligible.
However,
a
1
county
shall
not
lose
its
designation
as
a
rural
opportunity
2
zone
during
its
participation
in
the
student
loan
repayment
3
program
described
in
the
bill.
The
authority
is
required
to
4
review
the
eligibility
of
each
county
in
this
state
as
a
rural
5
opportunity
zone
at
least
annually.
6
A
county
is
eligible
to
be
designated
as
a
rural
opportunity
7
zone
if
it
meets
at
least
two
of
nine
criteria
specified
in
8
the
bill
relating
to
per
capita
income,
average
weekly
wages,
9
family
poverty
rate,
population
loss,
aging
population,
housing
10
vacancies,
property
valuations,
or
recent
business
closures
or
11
permanent
layoffs.
12
Rural
opportunity
zone
designations
are
repealed
on
June
30,
13
2023.
14
The
bill
creates
a
student
loan
repayment
program
within
the
15
economic
development
authority
for
the
purpose
of
providing
16
student
loan
repayment
assistance
on
the
outstanding
student
17
loan
debt
of
certain
individuals.
The
program
consists
of
a
18
county
component
for
each
participating
county
and
a
matching
19
component
of
the
state.
Qualifying
individuals
may
enroll
in
20
both
the
county
component
and
the
matching
component
of
the
21
student
loan
repayment
program.
22
Each
county
designated
by
the
authority
as
a
rural
23
opportunity
zone
is
eligible
to
create
and
implement
a
county
24
component
within
the
student
loan
repayment
program.
Each
25
county
component
is
required
to
contain
the
uniform
terms
and
26
conditions
prescribed
by
the
authority
and
shall
have
certain
27
minimum
qualifications.
First,
the
county
component
shall
only
28
apply
to
resident
individuals
that
have
outstanding
student
29
loan
debt
and
that
establish
domicile
in
that
county
on
or
30
after
the
county
creates
the
county
component
of
the
program,
31
and
prior
to
July
1,
2017.
Second,
the
county
component
shall
32
provide
that
participating
individuals
are
entitled
to
full
33
participation
in
the
county
component
for
five
years,
provided
34
the
participating
individual
remains
domiciled
within
that
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county
for
the
entire
five-year
period.
Third,
the
county
1
component
shall
agree
to
repay,
subject
to
matching
payments
by
2
the
authority
over
a
five-year
period,
the
lesser
of
10
percent
3
of
the
outstanding
student
loan
debt
of
the
participating
4
individual,
or
$7,500
of
the
outstanding
student
loan
debt
of
5
the
participating
individual.
A
participating
individual
must
6
remain
domiciled
in
the
applicable
county
for
the
entirety
7
of
a
calendar
year
to
receive
repayment
assistance
for
that
8
year.
After
a
county
creates
and
implements
its
county
9
component,
it
is
required
to
provide
a
duly
adopted
resolution
10
to
the
authority
by
January
1,
2013.
The
resolution
shall
be
11
irrevocable
and
shall
obligate
the
county
to
participate
in
the
12
program
for
a
period
of
five
years
per
individual.
13
Participating
individuals
who
remain
domiciled
in
that
14
county
are
eligible
to
receive
repayment
assistance
from
15
the
county
component.
In
addition,
the
authority,
through
16
the
matching
component,
shall
match
each
payment
made
under
17
the
county
component
up
to
the
lesser
of
10
percent
of
the
18
outstanding
student
loan
debt,
or
$7,500
of
the
outstanding
19
student
loan
debt.
The
maximum
amount
of
repayment
assistance
20
that
an
individual
may
receive
under
the
program
shall
not
21
exceed
the
lesser
of
20
percent
of
the
outstanding
student
loan
22
debt
or
$15,000.
23
Matching
payments
from
the
authority
shall
be
made
from
24
a
student
loan
repayment
program
fund
created
in
the
bill
25
and
are
subject
to
the
availability
of
moneys
in
the
fund.
26
Participating
individuals
are
not
guaranteed
a
right
to
receive
27
repayment
assistance
under
the
program.
A
county
may,
but
is
28
not
required,
to
provide
repayment
assistance
under
its
county
29
component
even
if
insufficient
funds
exist
for
the
authority
30
to
provide
matching
funds.
The
student
loan
repayment
program
31
is
repealed
on
June
30,
2023.
32
The
bill
provides
an
individual
income
tax
credit
for
33
taxpayers
that
are
domiciled
in
a
rural
opportunity
zone.
34
To
be
eligible
for
the
credit,
the
taxpayer
must
meet
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seven
requirements.
First,
the
taxpayer
must
be
a
resident
1
individual.
Second,
the
taxpayer
must
have
been
domiciled
in
2
a
rural
opportunity
zone
for
the
entire
tax
year.
Third,
the
3
taxpayer
must
have
established
domicile
in
a
rural
opportunity
4
zone
on
or
after
July
1,
2012,
and
prior
to
January
1,
2017.
5
Fourth,
the
taxpayer
must
have
been
domiciled
outside
this
6
state
for
five
or
more
years
immediately
prior
to
establishing
7
domicile
in
a
rural
opportunity
zone.
Fifth,
the
taxpayer
8
must
have
had
Iowa
source
net
income
of
less
than
$10,000
in
9
any
one
year
for
each
of
the
five
years
immediately
prior
to
10
establishing
domicile
in
a
rural
opportunity
zone.
Sixth,
the
11
taxpayer’s
tax
return
on
which
the
rural
opportunity
zone
tax
12
credit
is
claimed
is
timely
filed,
including
any
extension
of
13
time
to
file.
Seventh,
the
taxpayer
must
not
be
delinquent
in
14
filing
any
tax
return
with
this
state
or
have
any
indebtedness
15
owed
to
the
state
or
a
political
subdivision
of
the
state.
16
The
tax
credit
is
equal
to
the
taxpayer’s
total
individual
17
income
tax
owed
to
the
state,
computed
without
regard
to
18
reductions
for
the
rural
opportunity
zone
credit,
withholding
19
on
the
taxpayer’s
wages
or
other
income,
and
any
estimated
tax
20
payments
made
by
the
individual.
The
maximum
amount
that
may
21
be
refunded
to
a
taxpayer
in
any
year
the
rural
opportunity
22
zone
tax
credit
is
allowed
shall
not
exceed
the
sum
of
the
23
taxpayer’s
withholding
on
wages
or
other
income
for
that
year,
24
plus
the
estimated
tax
payments
made
for
that
year.
25
The
tax
credit
is
allowed
for
five
consecutive
years
26
following
the
year
the
taxpayer
first
establishes
domicile
in
a
27
rural
opportunity
zone.
The
rural
opportunity
zone
tax
credit
28
applies
to
tax
years
beginning
on
or
after
January
1,
2013,
29
and
ending
on
or
before
December
31,
2021.
The
tax
credit
is
30
repealed
on
June
30,
2022.
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