House File 679

                                       HOUSE FILE       
                                       BY  COMMITTEE WAYS AND MEANS

                                       (SUCCESSOR TO HF 399)
                                       (SUCCESSOR TO HSB 58)


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

                                      A BILL FOR

  1 An Act relating to economic development by modifying the new jobs
  2    and income program and the enterprise zone program and
  3    providing a tax credit, and providing effective and
  4    retroactive applicability dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 HF 679
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PAG LIN

  1  1    Section 1.  Section 15.330, Code 2003, is amended to read
  1  2 as follows:
  1  3    15.330  AGREEMENT == NONCOMPLIANCE == PENALTIES.
  1  4    1.  A business or group of businesses shall enter into an
  1  5 agreement with the department specifying the requirements
  1  6 which must be met to satisfy the criteria of section 15.329.
  1  7 The department shall consult with the community during
  1  8 negotiations relating to the agreement.  The agreement shall
  1  9 contain the following provisions:
  1 10    1. a.  If the business or group of businesses has not met
  1 11 more than ninety percent of the job creation requirement in
  1 12 section 15.329, subsection 1, paragraph "f", it shall pay a
  1 13 percentage of the incentive received under section 15.334, or
  1 14 if the business or group of businesses does not receive the
  1 15 incentive under section 15.334, then under section 15.333 as
  1 16 follows:
  1 17    a. (1)  If the business or group of businesses has met
  1 18 fifty percent or less of the requirement, the business or
  1 19 group of businesses shall pay the same percentage in benefits
  1 20 as the business or group of businesses failed to create in
  1 21 jobs.
  1 22    b. (2)  If the business or group of businesses has met more
  1 23 than fifty percent but not more than seventy=five percent of
  1 24 the requirement, the business or group of businesses shall pay
  1 25 one=half of the percentage in benefits as the business or
  1 26 group of businesses failed to create in jobs.
  1 27    c. (3)  If the business or group of businesses has met more
  1 28 than seventy=five percent but not more than ninety percent of
  1 29 the requirement, the business or group of businesses shall pay
  1 30 one quarter of the percentage in benefits as the business or
  1 31 group of businesses failed to create in jobs.
  1 32    2. b.  If a business or group of businesses does not meet
  1 33 the wage requirement of section 15.329, subsection 1, or any
  1 34 of the three criteria selected by the business or group of
  1 35 businesses under section 15.329, subsection 2, in any one
  2  1 year, it must meet that requirement in the following year or
  2  2 forfeit the incentives for that year.
  2  3    c.  If a business or group of businesses approved to
  2  4 receive incentives under this part experiences a layoff within
  2  5 the state or closes any of its facilities within the state
  2  6 prior to receiving the incentives, the department may reduce
  2  7 or eliminate some or all of the incentives.  If a business or
  2  8 group of businesses receives incentives under this part and
  2  9 experiences a layoff within the state or closes any of its
  2 10 facilities within the state, the business or group of
  2 11 businesses may be subject to repayment of some or all of the
  2 12 incentives received by the business or group of businesses.
  2 13    2.  The department shall adopt rules for repayment of
  2 14 incentives by the business or group of businesses if the
  2 15 business or group of businesses has not met any of the
  2 16 requirements of this part.
  2 17    Sec. 2.  NEW SECTION.  15.333B  FRANCHISE TAX CREDITS.
  2 18    1.  An eligible business may claim a franchise tax credit
  2 19 up to a maximum of ten percent of the new investment directly
  2 20 related to new jobs created by the location or expansion of an
  2 21 eligible business under the program.  Any credit in excess of
  2 22 the tax liability for the tax year may be credited to the tax
  2 23 liability for the following seven years or until depleted,
  2 24 whichever occurs earlier.
  2 25    For purposes of this section, "new investment directly
  2 26 related to new jobs created by the location or expansion of an
  2 27 eligible business under the program" means the cost of
  2 28 machinery and equipment, as described in section 427A.1,
  2 29 subsection 1, paragraphs "e" and "j", purchased for use in the
  2 30 operation of the eligible business, the purchase price of
  2 31 which has been depreciated in accordance with generally
  2 32 accepted accounting principles, and the cost of improvements
  2 33 made to real property which is used in the operation of the
  2 34 eligible business.
  2 35    For purposes of this section, the purchase price of real
  3  1 property and any buildings and structures located on the real
  3  2 property is considered a "new investment in the location or
  3  3 expansion of an eligible business".  However, if within five
  3  4 years of purchase, the eligible business sells, disposes of,
  3  5 razes, or otherwise renders unusable all or a part of the
  3  6 land, buildings, or other existing structures for which a
  3  7 franchise tax credit was claimed under this section, the
  3  8 franchise tax liability of the eligible business for the year
  3  9 in which all or part of the property is sold, disposed of,
  3 10 razed, or otherwise rendered unusable shall be increased by
  3 11 one of the following amounts:
  3 12    a.  One hundred percent of the tax credit claimed under
  3 13 this section if the property ceases to be eligible for the tax
  3 14 credit within one year after being placed in service.
  3 15    b.  Eighty percent of the tax credit claimed under this
  3 16 section if the property ceases to be eligible for the tax
  3 17 credit within two years after being placed in service.
  3 18    c.  Sixty percent of the tax credit claimed under this
  3 19 section if the property ceases to be eligible for the tax
  3 20 credit within three years after being placed in service.
  3 21    d.  Forty percent of the tax credit claimed under this
  3 22 section if the property ceases to be eligible for the tax
  3 23 credit within four years after being placed in service.
  3 24    e.  Twenty percent of the tax credit claimed under this
  3 25 section if the property ceases to be eligible for the tax
  3 26 credit within five years after being placed in service.
  3 27    2.  An eligible business which has entered into an
  3 28 agreement under chapter 260E and which has increased its base
  3 29 employment level by at least ten percent within the time set
  3 30 in the agreement or, in the case of a business without a base
  3 31 employment level, adds new jobs within the time set in the
  3 32 agreement is entitled to a new jobs franchise tax credit for
  3 33 the tax year selected by the business.  In determining if the
  3 34 business has increased its base employment level by ten
  3 35 percent or added new jobs, only the new jobs directly
  4  1 resulting from the project covered by the agreement and the
  4  2 new jobs directly related to those new jobs shall be counted.
  4  3 The amount of the credit is equal to the product of six
  4  4 percent of the taxable wages upon which an employer is
  4  5 required to contribute to the state unemployment compensation
  4  6 fund, as defined in section 96.19, subsection 37, times the
  4  7 number of new jobs existing in the tax year that directly
  4  8 result from the project covered by the agreement or new jobs
  4  9 that directly result from those new jobs.  The tax year chosen
  4 10 by the business shall either begin or end during the period
  4 11 beginning with the date by which the project is to be
  4 12 completed under the agreement.  Any credit in excess of the
  4 13 tax liability for the tax year may be credited to the tax
  4 14 liability for the following seven years or until depleted,
  4 15 whichever occurs earlier.  For purposes of this subsection,
  4 16 "agreement", "new job", and "project" mean the same as defined
  4 17 in section 260E.2 and "base employment level" means the number
  4 18 of full=time jobs a business employs at the site which is
  4 19 covered by an agreement under chapter 260E on the date of that
  4 20 agreement.
  4 21    Sec. 3.  Section 15E.193B, subsection 4, Code 2003, is
  4 22 amended to read as follows:
  4 23    4.  The eligible housing business shall complete its
  4 24 building or rehabilitation within two years from the time the
  4 25 business begins construction on the single=family homes and
  4 26 dwelling units.  The failure to complete construction or
  4 27 rehabilitation within two years shall result in the eligible
  4 28 housing business becoming ineligible and subject to the
  4 29 repayment requirements and penalties enumerated in subsection
  4 30 7.  The department may extend the prescribed two=year
  4 31 completion period if the department determines that completion
  4 32 within the two=year period is impossible or impractical as a
  4 33 result of a substantial loss caused by flood, fire,
  4 34 earthquake, storm, or other catastrophe.  For purposes of this
  4 35 subsection, "substantial loss" means damage or destruction in
  5  1 an amount in excess of thirty percent of the project's
  5  2 expected eligible basis as set forth in the eligible housing
  5  3 business's application.
  5  4    Sec. 4.  Section 422.60, Code 2003, is amended by adding
  5  5 the following new subsection:
  5  6    NEW SUBSECTION.  7.  The taxes imposed under this division
  5  7 shall be reduced by a franchise tax credit authorized pursuant
  5  8 to section 15.333B.
  5  9    Sec. 5.  Section 427B.17, subsection 5, unnumbered
  5 10 paragraph 2, Code 2003, is amended to read as follows:
  5 11    Any electric power generating plant which operated during
  5 12 the preceding assessment year at a net capacity factor of more
  5 13 than twenty percent, shall not receive the benefits of this
  5 14 section or of sections section 15.332 and 15.334.  For
  5 15 purposes of this section, "electric power generating plant"
  5 16 means any nameplate rated electric power generating plant, in
  5 17 which electric energy is produced from other forms of energy,
  5 18 including all taxable land, buildings, and equipment used in
  5 19 the production of such energy.  "Net capacity factor" means
  5 20 net actual generation divided by the product of net maximum
  5 21 capacity times the number of hours the unit was in the active
  5 22 state during the assessment year.  Upon commissioning, a unit
  5 23 is in the active state until it is decommissioned.  "Net
  5 24 actual generation" means net electrical megawatt hours
  5 25 produced by the unit during the preceding assessment year.
  5 26 "Net maximum capacity" means the capacity the unit can sustain
  5 27 over a specified period when not restricted by ambient
  5 28 conditions or equipment deratings, minus the losses associated
  5 29 with station service or auxiliary loads.
  5 30    Sec. 6.  Sections 15.334 and 15.334A, Code 2003, are
  5 31 repealed.
  5 32    Sec. 7.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  5 33 Sections 2 and 4 of this Act, relating to the franchise tax
  5 34 credit, being deemed of immediate importance, take effect May
  5 35 1, 2003, and, if approved by the governor after May 1, 2003,
  6  1 shall apply retroactively to May 1, 2003.
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