House File 2770 - Reprinted



                                       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 technology
  2    and commercialization resource organization, providing tax
  3    incentives under the high quality job creation Act, and
  4    providing an exempt activity for foreign corporations, and
  5    including effective and retroactive applicability date
  6    provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 HF 2770
  9 tm/es/25

PAG LIN



  1  1    Section 1.  Section 15.335A, Code Supplement 2005, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  7.  a.  In calculating the annual wage,
  1  4 including benefits, pursuant to subsection 1, the department
  1  5 shall not require a certain wage level, without benefits, to
  1  6 be met.
  1  7    b.  In calculating the value of benefits pursuant to
  1  8 subsection 1, if an employer offers medical insurance under
  1  9 both single and family coverage plans, the employer shall be
  1 10 given credit for providing medical insurance under family
  1 11 coverage plans to all new high=quality jobs employees.
  1 12    Sec. 2.  Section 15G.112, subsection 1, Code Supplement
  1 13 2005, is amended to read as follows:
  1 14    1.  In order to receive financial assistance from the
  1 15 department from moneys appropriated from the grow Iowa values
  1 16 fund, the average annual wage, including benefits, of new jobs
  1 17 created must be equal to or greater than one hundred thirty
  1 18 percent of the average county wage.  The department shall not
  1 19 require any other wage level to be met.  For purposes of this
  1 20 section, "average county wage" and "benefits" mean the same as
  1 21 defined in section 15I.1.
  1 22    Sec. 3.  Section 15G.112, Code Supplement 2005, is amended
  1 23 by adding the following new subsection:
  1 24    NEW SUBSECTION.  1A.  If a project is located in any
  1 25 nonmetropolitan county or group of contiguous counties the
  1 26 majority of which includes nonmetropolitan counties, an
  1 27 applicant may qualify by meeting one of the following wage
  1 28 threshold requirements in lieu of the wage threshold
  1 29 requirement in subsection 1:
  1 30    a.  The average hourly wage of new jobs created must be
  1 31 equal to or greater than one hundred thirty percent of one of
  1 32 the following:
  1 33    (1)  For a single county, the average new hire hourly wage
  1 34 over a three calendar quarter period.
  1 35    (2)  For a region, the average of all contiguous counties
  2  1 average new hire hourly wage over a three calendar quarter
  2  2 period.
  2  3    b.  The average hourly wage, including benefits, of new
  2  4 jobs created must be equal to or greater than one hundred
  2  5 fifty percent of one of the following:
  2  6    (1)  For a single county, the average new hire hourly wage
  2  7 over a three calendar quarter period.
  2  8    (2)  For a region, the average of all contiguous counties
  2  9 average new hire hourly wage over a three calendar quarter
  2 10 period.
  2 11    For purposes of this subsection, the wage thresholds shall
  2 12 be determined by utilizing wage data available from the local
  2 13 employment dynamics program of the department of workforce
  2 14 development.  The method for calculating the wage threshold
  2 15 shall be based on local employment dynamics program data for
  2 16 all industry sectors and all public and private entities.
  2 17    For purposes of this subsection, "metropolitan county"
  2 18 means a county included in the standard metropolitan
  2 19 statistical areas as determined by the United States census
  2 20 bureau.
  2 21    Sec. 4.  Section 15I.1, subsection 2, paragraph a, Code
  2 22 Supplement 2005, is amended to read as follows:
  2 23    a.  Medical and dental insurance plans.  If an employer
  2 24 offers medical insurance under both single and family coverage
  2 25 plans, the employer shall be given credit for providing
  2 26 medical insurance under family coverage plans to all new
  2 27 employees.
  2 28    Sec. 5.  NEW SECTION.  262B.21  RESEARCH AND DEVELOPMENT
  2 29 PLATFORMS.
  2 30    1.  For purposes of this section, and sections 262B.22 and
  2 31 262B.23, "core platform areas" means the areas of advanced
  2 32 manufacturing, biosciences, information solutions, and
  2 33 financial services.
  2 34    2.  The state board of regents shall do all of the
  2 35 following:
  3  1    a.  Recruit employees, build capacity, and invest moneys to
  3  2 ensure rapid scientific progress in the core platform areas.
  3  3    b.  Create endowed chair positions and employ persons with
  3  4 entrepreneurial expertise.
  3  5    c.  Invest in technology development infrastructure to
  3  6 strengthen and accelerate the scientific and commercialization
  3  7 work in the core platform areas.
  3  8    d.  Provide financial assistance in the form of grants for
  3  9 purposes of accelerating the transformation of new and ongoing
  3 10 research and development initiatives in the core platform
  3 11 areas into commercial opportunities.
  3 12    e.  Actively participate in advisory groups dedicated to
  3 13 the areas of bioscience advanced manufacturing, and
  3 14 information solutions.
  3 15    Sec. 6.  NEW SECTION.  262B.22  TECHNOLOGY AND
  3 16 COMMERCIALIZATION RESOURCE ORGANIZATION.
  3 17    1.  The general assembly finds and declares that the public
  3 18 good requires that Iowa successfully participate and compete
  3 19 in the emerging world economy.  A technology and
  3 20 commercialization resource organization is established to
  3 21 formulate and implement plans and programs for the core
  3 22 platform areas and to facilitate their commercial application
  3 23 within the state.
  3 24    2.  The technology and commercialization resource
  3 25 organization shall receive recommendations for research
  3 26 projects which have commercialization potential from
  3 27 institutions of higher learning under the control of the state
  3 28 board of regents.  In cooperation with commercialization
  3 29 experts in the private sector, the organization shall analyze
  3 30 research project submissions and make recommendations
  3 31 regarding which projects should receive funding and how much
  3 32 funding such projects should receive.  The recommendations of
  3 33 the organization shall be forwarded to the state board of
  3 34 regents.  The state board of regents shall review the
  3 35 recommendations and may approve, deny, or modify the
  4  1 recommendations, but the state board of regents shall not
  4  2 change the primary focus of the proposal.  The state board of
  4  3 regents may award financial assistance to approved research
  4  4 projects.
  4  5    3.  A technology and commercialization resource
  4  6 organization shall be incorporated under chapter 504.  The
  4  7 organization shall not be regarded as a state agency, except
  4  8 for purposes of chapter 17A.  A member of the board of
  4  9 directors is not considered a state employee, except for
  4 10 purposes of chapter 669.  A natural person employed by the
  4 11 organization is a state employee for purposes of the Iowa
  4 12 public employees' retirement system, state health and dental
  4 13 plans, and other state employee benefit plans and chapter 669.
  4 14 Chapters 8, 8A, and 20, and other provisions of law that
  4 15 relate to requirements or restrictions dealing with state
  4 16 personnel or state funds, do not apply to the organization or
  4 17 any employees of the board of directors or the organization
  4 18 except to the extent provided in this chapter.
  4 19    4.  The board of directors of the organization shall
  4 20 consist of eight voting members as follows:
  4 21    a.  The president of the state board of regents.
  4 22    b.  The three members of the economic development
  4 23 subcommittee of the state board of regents.
  4 24    c.  The chief technology officer of the state.
  4 25    d.  One member selected by a biosciences development
  4 26 organization designated by the department of economic
  4 27 development pursuant to section 15G.111, subsection 2.
  4 28    e.  The chairperson of the advanced manufacturing steering
  4 29 group of the department of economic development.
  4 30    f.  The chairperson of the information solutions steering
  4 31 group of the department of economic development.
  4 32    5.  The members of the board of directors shall annually
  4 33 elect a president of the board from the board membership.  A
  4 34 vacancy shall be filled by the appointing authority.  Members
  4 35 are eligible for actual expense reimbursement while fulfilling
  5  1 duties of the board.
  5  2    Sec. 7.  NEW SECTION.  262B.23  ENDOWED CHAIRS AND
  5  3 SALARIES.
  5  4    1.  The state board of regents may use for salaries and may
  5  5 create endowed chair positions at each of the regents
  5  6 universities using, in part, moneys appropriated to the state
  5  7 board of regents for purposes of implementing recommendations
  5  8 provided in separate consultant reports on bioscience,
  5  9 advanced manufacturing, and information technology submitted
  5 10 to the department of economic development in the calendar
  5 11 years 2004 and 2005.  Such moneys may only be used to
  5 12 partially fund an endowed chair position if significant
  5 13 private contributions and contributions from governmental
  5 14 entities other than the state and political subdivisions of
  5 15 the state are used to fund the position.  Not more than fifty
  5 16 percent of the cost of funding an endowed chair position shall
  5 17 be paid with such moneys.  The endowed chair positions shall
  5 18 be used to attract scholars recruited nationally and
  5 19 internationally who can bring with them related start=up
  5 20 business ventures or a concept for near=term
  5 21 commercialization.
  5 22    Sec. 8.  Section 422.34A, Code 2005, is amended by adding
  5 23 the following new subsection:
  5 24    NEW SUBSECTION.  8.  Utilizing a distribution facility
  5 25 within this state, owning or leasing property at a
  5 26 distribution facility within this state that is used at or
  5 27 distributed from the distribution facility, or selling
  5 28 property shipped or distributed from a distribution facility.
  5 29 For purposes of this subsection, "distribution facility" means
  5 30 an establishment where shipments of tangible personal property
  5 31 are processed for delivery to customers.  "Distribution
  5 32 facility" does not include an establishment where retail sales
  5 33 of tangible personal property or returns of such property are
  5 34 undertaken with respect to retail customers on more than
  5 35 twelve days a year except for a distribution facility which
  6  1 processes customer sales orders by mail, telephone, or
  6  2 electronic means, if the distribution facility also processes
  6  3 shipments of tangible personal property to customers provided
  6  4 that not more than ten percent of the dollar amount of goods
  6  5 are delivered and shipped so as to be included in the gross
  6  6 sales of the corporation within this state as provided in
  6  7 section 422.33, subsection 2, paragraph "b", subparagraph (6).
  6  8    Sec. 9.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATE.
  6  9    1.  The section of this Act amending section 15.335A, being
  6 10 deemed of immediate importance, takes effect upon enactment
  6 11 and applies retroactively to June 9, 2005.
  6 12    2.  The section of this Act enacting section 422.34A,
  6 13 subsection 8, being deemed of immediate importance, takes
  6 14 effect upon enactment and applies retroactively to January 1,
  6 15 2006, for tax years beginning on or after that date.
  6 16 HF 2770
  6 17 tm:rj/es/25