Senate
File
383
-
Introduced
SENATE
FILE
383
BY
CHELGREN
A
BILL
FOR
An
Act
repealing
the
grow
Iowa
values
fund,
reverting
1
appropriations
and
prohibiting
further
obligating
of
moneys,
2
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2481XS
(2)
84
tw/rj
S.F.
383
Section
1.
Section
15.103,
subsection
6,
Code
2011,
is
1
amended
to
read
as
follows:
2
6.
As
part
of
the
organizational
structure
of
the
3
department,
the
board
shall
establish
a
due
diligence
4
committee
and
a
loan
and
credit
guarantee
committee
composed
5
of
members
of
the
board.
The
committees
shall
serve
in
an
6
advisory
capacity
to
the
board
and
shall
carry
out
any
duties
7
assigned
by
the
board
in
relation
to
programs
administered
8
by
the
department.
The
loan
and
credit
guarantee
committee
9
shall
advise
the
board
on
the
winding
up
of
loan
guarantees
10
made
under
the
loan
and
credit
guarantee
program
established
11
pursuant
to
section
15E.224
,
Code
2009
,
and
on
the
proper
12
amount
of
the
allocation
described
in
section
15G.111,
13
subsection
4
,
paragraph
“g”
.
14
Sec.
2.
Section
15.104,
subsection
1,
Code
2011,
is
amended
15
by
striking
the
subsection.
16
Sec.
3.
Section
15.104,
subsection
8,
paragraphs
b
and
i,
17
Code
2011,
are
amended
by
striking
the
paragraphs.
18
Sec.
4.
Section
15.104,
subsection
8,
paragraph
j,
Code
19
2011,
is
amended
to
read
as
follows:
20
j.
Renewable
fuel
programs.
A
detailed
accounting
of
21
expenditures
in
support
of
renewable
fuel
infrastructure
22
programs,
as
provided
in
sections
15G.203
and
15G.204
.
The
23
renewable
fuel
infrastructure
board
established
in
section
24
15G.202
shall
approve
that
portion
of
the
department’s
annual
25
report
regarding
projects
supported
from
the
grow
Iowa
values
26
fund
created
in
section
15G.111
.
This
paragraph
is
repealed
on
27
July
1,
2012.
28
Sec.
5.
Section
15.327,
Code
2011,
is
amended
by
adding
the
29
following
new
subsections:
30
NEW
SUBSECTION
.
01.
“Base
employment
level”
means
the
31
number
of
full-time
equivalent
positions
at
a
business,
32
as
established
by
the
department
and
a
business
using
the
33
business’s
payroll
records,
as
of
the
date
a
business
applies
34
for
financial
assistance
under
the
program.
35
-1-
LSB
2481XS
(2)
84
tw/rj
1/
8
S.F.
383
NEW
SUBSECTION
.
3A.
“County
wage”
means
the
average
hourly
1
compensation
rates,
excluding
the
value
of
nonwage
benefits
for
2
comparable
jobs,
from
the
most
recent
four
quarters
of
wage
3
and
employment
information
from
the
quarterly
covered
wage
and
4
employment
data
report
issued
by
the
department
of
workforce
5
development.
6
NEW
SUBSECTION
.
7A.
“Full-time
equivalent
position”
means
7
a
non-part-time
position
for
the
number
of
hours
or
days
per
8
week
considered
to
be
full-time
work
for
the
kind
of
service
9
or
work
performed
for
an
employer.
Typically,
a
full-time
10
equivalent
position
requires
two
thousand
eighty
hours
of
work
11
in
a
calendar
year,
including
all
paid
holidays,
vacations,
12
sick
time,
and
other
paid
leave.
13
NEW
SUBSECTION
.
7B.
“Maintenance
period”
means
the
period
14
of
time
between
the
project
completion
date
and
maintenance
15
period
completion
date.
16
NEW
SUBSECTION
.
12A.
“Regional
wage”
means
the
average
17
hourly
compensation
rates,
excluding
the
value
of
nonwage
18
benefits
for
comparable
jobs,
from
the
most
recent
four
19
quarters
of
wage
and
employment
information
from
the
quarterly
20
covered
wage
and
employment
data
report
issued
by
the
21
department
of
workforce
development.
22
Sec.
6.
Section
15.327,
subsections
1,
4,
7,
8,
10,
12,
23
and
13,
Code
2011,
are
amended
by
striking
the
subsections
and
24
inserting
in
lieu
thereof
the
following:
25
1.
“Benefit”
means
nonwage
compensation
provided
to
an
26
employee.
Benefits
typically
include
medical
and
dental
27
insurance
plans,
pension,
retirement,
and
profit-sharing
plans,
28
child
care
services,
life
insurance
coverage,
vision
insurance
29
coverage,
disability
insurance
coverage,
and
any
other
nonwage
30
compensation
as
determined
by
the
board.
31
4.
“Created
job”
means
a
new,
permanent,
full-time
32
equivalent
position
added
to
a
business’s
payroll
in
excess
of
33
the
business’s
base
employment
level.
34
7.
“Fiscal
impact
ratio”
means
a
ratio
calculated
by
35
-2-
LSB
2481XS
(2)
84
tw/rj
2/
8
S.F.
383
estimating
the
amount
of
taxes
to
be
received
from
a
business
1
by
the
state
and
dividing
the
estimate
by
the
estimated
cost
2
to
the
state
of
providing
certain
financial
incentives
to
3
the
business,
reflecting
a
ten-year
period
of
taxation
and
4
incentives
and
expressed
in
terms
of
current
dollars.
For
5
purposes
of
the
program,
“fiscal
impact
ratio”
does
not
include
6
taxes
received
by
political
subdivisions.
7
8.
“Maintenance
period
completion
date”
means
the
date
on
8
which
the
maintenance
period
ends.
9
10.
“Project
completion
date”
means
the
date
by
which
10
a
recipient
of
financial
assistance
has
agreed
to
meet
all
11
the
terms
and
obligations
contained
in
an
agreement
with
the
12
department
as
described
in
section
15.330.
13
12.
“Qualifying
wage
threshold”
means
the
county
wage
or
the
14
regional
wage,
as
calculated
pursuant
to
subsections
3A
and
15
12A,
whichever
is
lower.
16
13.
“Retained
job”
means
a
full-time
equivalent
position,
17
in
existence
at
the
time
an
employer
applies
for
financial
18
assistance
which
remains
continuously
filled
or
authorized
19
to
be
filled
as
soon
as
possible
and
which
is
at
risk
of
20
elimination
if
the
project
for
which
the
employer
is
seeking
21
assistance
does
not
proceed.
22
Sec.
7.
Section
15.329,
subsection
2,
Code
2011,
is
amended
23
to
read
as
follows:
24
2.
A
business
providing
a
sufficient
package
of
benefits
to
25
each
employee
holding
a
created
or
retained
job
shall
qualify
26
for
a
credit
against
the
qualifying
wage
threshold
requirements
27
described
in
subsection
1
,
paragraph
“c”
.
The
credit
shall
be
28
calculated
and
applied
in
the
following
manner
:
described
in
29
section
15G.112,
subsection
4
,
paragraph
“b”
.
30
a.
By
multiplying
the
qualifying
wage
threshold
of
31
the
county
in
which
the
business
is
located
by
one
and
32
three-tenths.
33
b.
By
multiplying
the
result
of
paragraph
“a”
by
one-tenth.
34
c.
The
amount
of
the
result
of
paragraph
“b”
shall
be
35
-3-
LSB
2481XS
(2)
84
tw/rj
3/
8
S.F.
383
credited
against
the
amount
of
the
one
hundred
thirty
percent
1
qualifying
wage
threshold
requirement
that
the
business
is
2
required
to
meet
under
subsection
1,
paragraph
“c”
.
3
d.
The
credit
shall
not
be
applied
against
the
one
hundred
4
percent
of
qualifying
wage
threshold
requirement
described
in
5
subsection
1,
paragraph
“c”
.
6
Sec.
8.
Section
15.330,
subsection
4,
Code
2011,
is
amended
7
to
read
as
follows:
8
4.
A
project
completion
date,
a
maintenance
period
9
completion
date,
the
number
of
jobs
to
be
created
or
retained,
10
or
certain
other
terms
and
obligations
described
in
section
11
15G.112,
subsection
1
,
paragraph
“d”
an
agreement
,
as
the
12
department
deems
necessary
in
order
to
make
the
requirements
in
13
project
agreements
uniform.
The
department,
with
the
approval
14
of
the
board,
may
adopt
rules
as
necessary
for
making
such
15
requirements
uniform.
Such
rules
shall
be
in
compliance
with
16
the
provisions
of
this
part
and
with
the
provisions
of
chapter
17
15G
.
18
Sec.
9.
Section
15.335A,
subsection
1,
unnumbered
paragraph
19
1,
Code
2011,
is
amended
to
read
as
follows:
20
Tax
incentives
are
available
to
eligible
businesses
as
21
provided
in
this
section
.
The
incentives
are
based
upon
the
22
number
of
jobs
created
or
retained
that
pay
at
least
one
23
hundred
thirty
percent
of
the
qualifying
wage
threshold
as
24
computed
pursuant
to
section
15G.112
15.329
,
subsection
4
1
,
25
and
the
amount
of
the
qualifying
investment
made
according
to
26
the
following
schedule:
27
Sec.
10.
Section
15.335A,
subsection
2,
paragraphs
b,
c,
f,
28
and
g,
Code
2011,
are
amended
by
striking
the
paragraphs.
29
Sec.
11.
Section
15.335A,
subsection
5,
Code
2011,
is
30
amended
to
read
as
follows:
31
5.
The
department
shall
negotiate
the
amount
of
tax
32
incentives
provided
to
an
applicant
under
the
program
33
in
accordance
with
this
section
and
section
15G.112
,
as
34
applicable
.
35
-4-
LSB
2481XS
(2)
84
tw/rj
4/
8
S.F.
383
Sec.
12.
Section
15A.7,
subsection
3,
Code
2011,
is
amended
1
to
read
as
follows:
2
3.
That
the
employer
shall
agree
to
pay
wages
for
the
jobs
3
for
which
the
credit
is
taken
of
at
least
the
county
wage
or
4
the
regional
wage,
as
calculated
by
the
department
pursuant
to
5
section
15G.112,
subsection
3
15.327,
subsections
3A
and
12A
,
6
whichever
is
lower.
Eligibility
for
the
supplemental
credit
7
shall
be
based
on
a
one-time
determination
of
starting
wages
by
8
the
community
college.
9
Sec.
13.
Section
15E.193,
subsection
1,
paragraphs
b
10
through
d,
Code
2011,
are
amended
to
read
as
follows:
11
b.
(1)
The
business
shall
provide
a
sufficient
package
of
12
benefits
to
each
employee
holding
a
created
or
retained
job.
13
For
purposes
of
this
paragraph,
“created
job”
and
“retained
job”
14
have
the
same
meaning
as
defined
in
section
15G.101
15.327
.
15
(2)
The
board,
upon
the
recommendation
of
the
department,
16
shall
adopt
rules
determining
what
constitutes
a
sufficient
17
package
of
benefits.
18
c.
The
business
shall
pay
a
wage
that
is
at
least
ninety
19
percent
of
the
qualifying
wage
threshold.
For
purposes
of
this
20
paragraph,
“qualifying
wage
threshold”
has
the
same
meaning
as
21
defined
in
section
15G.101
15.327
.
22
d.
Creates
or
retains
at
least
ten
full-time
equivalent
23
positions
and
maintains
them
until
the
maintenance
period
24
completion
date.
For
purposes
of
this
paragraph,
“maintenance
25
period
completion
date”
and
“full-time
equivalent
position”
have
26
the
same
meanings
as
defined
in
section
15G.101
15.327
.
27
Sec.
14.
Section
15E.231,
unnumbered
paragraph
1,
Code
28
2011,
is
amended
to
read
as
follows:
29
In
order
for
an
An
economic
development
region
to
receive
30
moneys
under
the
grow
Iowa
values
financial
assistance
program
31
established
in
section
15G.112
,
an
shall
establish
a
regional
32
development
plan.
An
economic
development
region’s
regional
33
development
plan
must
be
approved
by
the
department.
An
34
economic
development
region
shall
consist
of
not
less
than
35
-5-
LSB
2481XS
(2)
84
tw/rj
5/
8
S.F.
383
three
counties,
unless
two
contiguous
counties
have
a
combined
1
population
of
at
least
three
hundred
thousand
based
on
the
2
most
recent
federal
decennial
census.
An
economic
development
3
region
shall
establish
a
focused
economic
development
effort
4
that
shall
include
a
regional
development
plan
relating
to
one
5
or
more
of
the
following
areas:
6
Sec.
15.
Section
15E.232,
subsections
1,
3,
4,
5,
6,
and
7,
7
Code
2011,
are
amended
by
striking
the
subsections.
8
Sec.
16.
Section
15E.351,
subsection
1,
Code
2011,
is
9
amended
to
read
as
follows:
10
1.
The
department
shall
establish
and
administer
a
business
11
accelerator
program
to
provide
financial
assistance
for
12
the
establishment
and
operation
of
a
business
accelerator
13
for
technology-based,
value-added
agricultural,
information
14
solutions,
alternative
and
renewable
energy
including
the
15
alternative
and
renewable
energy
sectors
listed
in
section
16
476.42,
subsection
1
,
paragraph
“a”
,
or
advanced
manufacturing
17
start-up
businesses
or
for
a
satellite
of
an
existing
business
18
accelerator.
The
program
shall
be
designed
to
foster
the
19
accelerated
growth
of
new
and
existing
businesses
through
the
20
provision
of
technical
assistance.
The
department,
subject
to
21
the
approval
of
the
economic
development
board,
may
provide
22
financial
assistance
under
this
section
from
moneys
allocated
23
for
regional
financial
assistance
pursuant
to
section
15G.111,
24
subsection
9
.
25
Sec.
17.
Section
159A.6B,
subsection
2,
Code
2011,
is
26
amended
to
read
as
follows:
27
2.
The
office
may
execute
contracts
in
order
to
provide
28
technical
support
and
outreach
services
for
purposes
of
29
assisting
and
educating
interested
persons
as
provided
in
this
30
section
.
The
office
may
also
contract
with
a
consultant
to
31
provide
part
or
all
of
these
services.
The
office
may
require
32
that
a
person
receiving
assistance
pursuant
to
this
section
33
contribute
up
to
fifty
percent
of
the
amount
required
to
34
support
the
costs
of
contracting
with
the
consultant
to
provide
35
-6-
LSB
2481XS
(2)
84
tw/rj
6/
8
S.F.
383
assistance
to
the
person.
The
office
shall
assist
the
person
1
in
completing
any
technical
information
required
in
order
to
2
receive
assistance
by
the
department
of
economic
development
3
pursuant
to
the
value-added
agriculture
component
of
the
grow
4
Iowa
values
financial
assistance
program
established
pursuant
5
to
section
15G.112
.
6
Sec.
18.
Section
455B.104,
subsection
2,
Code
2011,
is
7
amended
by
striking
the
subsection.
8
Sec.
19.
2010
Iowa
Acts,
chapter
1184,
section
26,
is
9
amended
to
read
as
follows:
10
SEC.
26.
GROW
IOWA
VALUES
FUND.
11
1.
There
is
appropriated
from
the
rebuild
Iowa
12
infrastructure
fund
to
the
department
of
economic
development
13
for
deposit
in
the
grow
Iowa
values
fund,
for
the
fiscal
year
14
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
15
amount,
notwithstanding
section
8.57,
subsection
6,
paragraph
16
“c”:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
38,000,000
18
2.
On
the
effective
date
of
this
section
of
this
2011
Iowa
19
Act,
any
unobligated
and
unencumbered
moneys
appropriated
in
20
this
section
and
section
27
of
this
2010
Iowa
Act,
shall
revert
21
to
the
general
fund
of
the
state.
Any
repayments
of
moneys
22
loaned
from
moneys
appropriated
in
this
section
and
section
27
23
of
this
2010
Iowa
Act,
and
received
after
the
effective
date
24
of
this
2011
Iowa
Act,
shall
be
credited
to
the
general
fund
of
25
the
state.
26
Sec.
20.
2010
Iowa
Acts,
chapter
1184,
section
27,
is
27
amended
to
read
as
follows:
28
SEC.
27.
GROW
IOWA
VALUES
FUND
APPROPRIATION
REDUCTION.
29
1.
In
lieu
of
the
$50,000,000
appropriated
for
the
fiscal
30
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
from
31
the
grow
Iowa
values
fund
to
the
department
of
economic
32
development
pursuant
to
section
15G.111,
subsection
3,
there
is
33
appropriated
from
the
grow
Iowa
values
fund
to
the
department
34
of
economic
development
for
the
fiscal
year
beginning
July
1,
35
-7-
LSB
2481XS
(2)
84
tw/rj
7/
8
S.F.
383
2010,
and
ending
June
30,
2011,
$38,000,000
for
the
purposes
of
1
making
expenditures
pursuant
to
chapter
15G.
2
2.
On
the
effective
date
of
this
section
of
this
2011
Iowa
3
Act,
an
entity
receiving
moneys
appropriated
pursuant
to
this
4
section,
with
the
exception
of
moneys
allocated
pursuant
to
5
section
28,
subsections
2
and
5,
of
this
2010
Iowa
Act,
shall
6
cease
obligating
or
encumbering
such
moneys.
7
Sec.
21.
REPEAL.
Section
15E.233,
Code
2011,
is
repealed.
8
Sec.
22.
REPEAL.
Sections
15G.101
and
15G.109
through
9
15G.115,
Code
2011,
are
repealed.
10
Sec.
23.
REPEAL.
Section
266.19,
Code
2011,
is
repealed.
11
Sec.
24.
REPEAL.
Section
455B.433,
Code
2011,
is
repealed.
12
Sec.
25.
EFFECTIVE
DATE.
The
provisions
of
this
Act
13
amending
2010
Iowa
Acts,
chapter
1184,
being
deemed
of
14
immediate
importance,
take
effect
upon
enactment.
15
EXPLANATION
16
This
bill
relates
to
the
grow
Iowa
values
fund.
17
The
bill
repeals
Code
sections
related
to
the
grow
Iowa
18
values
fund
and
financial
assistance
program
and
makes
19
conforming
amendments.
The
bill
amends
two
2010
Iowa
Acts
20
provisions
to
prohibit
the
department
of
economic
development
21
from
further
obligating
any
moneys
appropriated
for
purposes
22
of
the
grow
Iowa
values
fund
for
fiscal
year
2010-2011
and
23
requires
that
unobligated
and
unencumbered
moneys
are
credited
24
to
the
general
fund
of
the
state,
which
take
effect
upon
25
enactment.
The
bill
requires
repayments
on
moneys
loaned
from
26
the
appropriated
moneys
to
be
credited
to
the
general
fund
of
27
the
state.
28
-8-
LSB
2481XS
(2)
84
tw/rj
8/
8