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House File 621 - EnrolledAn Actrelating to programs and projects administered by the
economic development authority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
SPORTS TOURISM PROGRAM — TECHNICAL CHANGES
Section 1. Section 15F.401, subsections 2 and 6, Code 2017,
are amended to read as follows:
2. a. A city or county in the state or a public
organization entity, including a convention and visitors
bureau or a district, may apply to the authority for financial
assistance for a project that actively and directly promotes
sporting events for accredited colleges and universities and
other sporting events in the area served by the city, county,
or public organization entity.
b. A city, county, or public organization entity may apply
for and receive financial assistance for more than one project.
c. A city, county, or public organization entity may apply
for financial assistance for a project that spans multiple
fiscal years or may apply for renewal of financial assistance
awarded in a prior year if all applicable contractual
requirements are met. The decision as to whether to renew
an award shall be at the discretion of the board. The board
may adopt by rule certain metrics and return on investment
estimates for purposes of this paragraph. The authority may
include such metrics and estimates in a program agreement
executed pursuant to this section.
d. A convention and visitors bureau may apply to the
authority for financial assistance pursuant to this section and
a district may apply to the authority for district financial
assistance, but a convention and visitors bureau shall not in
the same year receive financial assistance under the program
created in this section and financial assistance as part of a
district.
6. a. A city, county, or public organization entity
may use financial assistance received under the program for
marketing, promotions, and infrastructure. Whether an activity
or individual cost item is directly related to the promotion
of the sporting event shall be within the discretion of the
-1-authority.
b. All applications to the authority for financial
assistance shall be made at least ninety days prior to an
event’s scheduled date. A city, county, or public organization
entity shall not use financial assistance received under the
program as reimbursement for completed projects.
Sec. 2. Section 15F.403, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. Moneys in the fund are appropriated to the authority
for purposes of providing financial assistance to cities,
counties, and public organizations entities under the sports
tourism program established and administered pursuant to this
subchapter.
DIVISION II
TARGETED SMALL BUSINESS CERTIFICATION
Sec. 3. Section 8A.111, subsection 7, Code 2017, is amended
to read as follows:
7. An annual report regarding the Iowa targeted small
business procurement Act activities of the department as
required under section 15.108, subsection 7, paragraph
“c”, and quarterly reports regarding the total dollar
amount of certified purchases for certified targeted small
businesses during the previous quarter as required in section
73.16, subsection 2. The department shall keep any vendor
identification information received from the department of
inspections and appeals economic development authority as
provided in section 10A.104, subsection 8 15.108, subsection
7, paragraph “0d”, and necessary for the quarterly reports,
confidential to the same extent as the department of inspection
and appeals economic development authority is required to
keep such information. Confidential information received by
the department from the department of inspections and appeals
economic development authority shall not be disclosed except
pursuant to court order or with the approval of the department
of inspections and appeals economic development authority.
-2- Sec. 4. Section 10A.104, subsection 8, Code 2017, is amended
by striking the subsection.
Sec. 5. Section 12.44, Code 2017, is amended to read as
follows:
12.44 Iowa satisfaction and performance bond program.
Agencies of state government shall be required to waive the
requirement of satisfaction, performance, surety, or bid bonds
for targeted small businesses which are able to demonstrate
the inability of securing such a bond because of a lack of
experience, lack of net worth, or lack of capital. This waiver
shall not apply to businesses with a record of repeated failure
of substantial performance or material breach of contract in
prior circumstances. The waiver shall be applied only to a
project or individual transaction amounting to fifty thousand
dollars or less, notwithstanding section 573.2. In order to
qualify, the targeted small business shall provide written
evidence to the department of inspections and appeals economic
development authority that the bond would otherwise be denied
the business. The granting of the waiver shall in no way
relieve the business from its contractual obligations and shall
not preclude the state agency from pursuing any remedies under
law upon default or breach of contract.
The department of inspections and appeals economic
development authority shall certify targeted small businesses
for eligibility and participation in this program and shall
make this information available to other state agencies.
Subdivisions of state government may also grant such a
waiver under similar circumstances.
Sec. 6. Section 15.107B, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. A summary of the report filed by December 1 of each year
by the department of inspections and appeals with the authority
regarding certifications of targeted small businesses. At a
minimum, the summary shall include the number of certified
targeted small businesses for the previous year, the increase
-3-or decrease in that number during the previous fiscal year
compared to the prior fiscal year, and the number of targeted
small businesses that have been decertified in the previous
fiscal year.
Sec. 7. Section 15.108, subsection 7, paragraph c,
subparagraph (1), subparagraph division (b), Code 2017, is
amended by striking the subparagraph division.
Sec. 8. Section 15.108, subsection 7, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0d. (1) Establish standards and procedures,
by rule, for certifying that targeted small businesses are
eligible to participate in the procurement program established
in sections 73.15 through 73.21 and are eligible for financial
and technical assistance provided for under this subsection.
The rules for certifying eligibility adopted pursuant to this
paragraph shall not recognize self-certification by a business.
The authority may also establish, by rule, the appropriate
level of public access to differing classes of electronic
records and other records under the procurement program to
ensure the confidentiality of any records that are required by
law to be confidential.
(2) Maintain a current directory of targeted small
businesses certified pursuant to this paragraph. The
authority shall also provide information to the department of
administrative services necessary for the identification of
targeted small businesses under section 8A.111, subsection 7.
Sec. 9. Section 15.108, subsection 7, paragraph g,
subparagraph (1), Code 2017, is amended to read as follows:
(1) Developing a uniform small business vendor application
form which can be adopted by all agencies and departments of
state government to identify small businesses and targeted
small businesses which desire to sell goods and services to the
state. This form shall also contain information which can be
used to determine certification as a targeted small business
pursuant to section 10A.104, subsection 8 paragraph “0d”.
-4- Sec. 10. Section 73.16, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Prior to the commencement of a fiscal year, the director of
each agency or department of state government having purchasing
authority, in cooperation with the targeted small business
marketing and compliance project manager of the economic
development authority, shall establish for that fiscal year
a procurement goal from certified targeted small businesses
identified pursuant to section 10A.104, subsection 8 15.108,
subsection 7, paragraph “0d”.
Sec. 11. Section 73.16, subsection 2, paragraph c,
subparagraph (3), Code 2017, is amended to read as follows:
(3) A community college, area education agency, or school
district shall establish a procurement goal from certified
targeted small businesses, identified pursuant to section
10A.104, subsection 8 15.108, subsection 7, paragraph “0d”, of
at least ten percent of the value of anticipated procurements
of goods and services including construction, but not including
utility services, each fiscal year.
DIVISION III
Technical changes
Sec. 12. Section 403.19A, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. (1) The department of economic development authority
shall approve four eligible cities as pilot project cities, one
pursuant to paragraph “a”, subparagraph (1), one pursuant to
paragraph “a”, subparagraph (2), and two pursuant to paragraph
“a”, subparagraph (3). If two eligible cities are approved
which are located in the same county and the county has a
population of less than forty-five thousand, the two approved
eligible cities shall be considered one pilot project city. If
more than two cities meeting the requirements of paragraph “a”,
subparagraph (3), apply to be designated as a pilot project
city, the department of economic development authority shall
-5-determine which two cities hold the most potential to create
new jobs or generate the greatest capital within their areas.
Applications from eligible cities filed on or after October 1,
2006, shall not be considered.
(2) If a pilot project city does not enter into a
withholding agreement within one year of its approval as a
pilot project city, the city shall lose its status as a pilot
project city. If two pilot project cities are located in the
same county, the loss of status by one pilot project city shall
not cause the second pilot project city in the county to lose
its status as a pilot project city. Upon such occurrence,
the department of economic development authority shall take
applications from other eligible cities to replace that city.
Another city shall be designated within six months.
(3) On July 1, 2011, the economic development authority
shall assume responsibility for the administration of this
subsection.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 621, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernoraw/sc/rn/md
economic development authority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
SPORTS TOURISM PROGRAM — TECHNICAL CHANGES
Section 1. Section 15F.401, subsections 2 and 6, Code 2017,
are amended to read as follows:
2. a. A city or county in the state or a public
organization entity, including a convention and visitors
bureau or a district, may apply to the authority for financial
assistance for a project that actively and directly promotes
sporting events for accredited colleges and universities and
other sporting events in the area served by the city, county,
or public organization entity.
b. A city, county, or public organization entity may apply
for and receive financial assistance for more than one project.
c. A city, county, or public organization entity may apply
for financial assistance for a project that spans multiple
fiscal years or may apply for renewal of financial assistance
awarded in a prior year if all applicable contractual
requirements are met. The decision as to whether to renew
an award shall be at the discretion of the board. The board
may adopt by rule certain metrics and return on investment
estimates for purposes of this paragraph. The authority may
include such metrics and estimates in a program agreement
executed pursuant to this section.
d. A convention and visitors bureau may apply to the
authority for financial assistance pursuant to this section and
a district may apply to the authority for district financial
assistance, but a convention and visitors bureau shall not in
the same year receive financial assistance under the program
created in this section and financial assistance as part of a
district.
6. a. A city, county, or public organization entity
may use financial assistance received under the program for
marketing, promotions, and infrastructure. Whether an activity
or individual cost item is directly related to the promotion
of the sporting event shall be within the discretion of the
-1-authority.
b. All applications to the authority for financial
assistance shall be made at least ninety days prior to an
event’s scheduled date. A city, county, or public organization
entity shall not use financial assistance received under the
program as reimbursement for completed projects.
Sec. 2. Section 15F.403, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. Moneys in the fund are appropriated to the authority
for purposes of providing financial assistance to cities,
counties, and public organizations entities under the sports
tourism program established and administered pursuant to this
subchapter.
DIVISION II
TARGETED SMALL BUSINESS CERTIFICATION
Sec. 3. Section 8A.111, subsection 7, Code 2017, is amended
to read as follows:
7. An annual report regarding the Iowa targeted small
business procurement Act activities of the department as
required under section 15.108, subsection 7, paragraph
“c”, and quarterly reports regarding the total dollar
amount of certified purchases for certified targeted small
businesses during the previous quarter as required in section
73.16, subsection 2. The department shall keep any vendor
identification information received from the department of
inspections and appeals economic development authority as
provided in section 10A.104, subsection 8 15.108, subsection
7, paragraph “0d”, and necessary for the quarterly reports,
confidential to the same extent as the department of inspection
and appeals economic development authority is required to
keep such information. Confidential information received by
the department from the department of inspections and appeals
economic development authority shall not be disclosed except
pursuant to court order or with the approval of the department
of inspections and appeals economic development authority.
-2- Sec. 4. Section 10A.104, subsection 8, Code 2017, is amended
by striking the subsection.
Sec. 5. Section 12.44, Code 2017, is amended to read as
follows:
12.44 Iowa satisfaction and performance bond program.
Agencies of state government shall be required to waive the
requirement of satisfaction, performance, surety, or bid bonds
for targeted small businesses which are able to demonstrate
the inability of securing such a bond because of a lack of
experience, lack of net worth, or lack of capital. This waiver
shall not apply to businesses with a record of repeated failure
of substantial performance or material breach of contract in
prior circumstances. The waiver shall be applied only to a
project or individual transaction amounting to fifty thousand
dollars or less, notwithstanding section 573.2. In order to
qualify, the targeted small business shall provide written
evidence to the department of inspections and appeals economic
development authority that the bond would otherwise be denied
the business. The granting of the waiver shall in no way
relieve the business from its contractual obligations and shall
not preclude the state agency from pursuing any remedies under
law upon default or breach of contract.
The department of inspections and appeals economic
development authority shall certify targeted small businesses
for eligibility and participation in this program and shall
make this information available to other state agencies.
Subdivisions of state government may also grant such a
waiver under similar circumstances.
Sec. 6. Section 15.107B, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. A summary of the report filed by December 1 of each year
by the department of inspections and appeals with the authority
regarding certifications of targeted small businesses. At a
minimum, the summary shall include the number of certified
targeted small businesses for the previous year, the increase
-3-or decrease in that number during the previous fiscal year
compared to the prior fiscal year, and the number of targeted
small businesses that have been decertified in the previous
fiscal year.
Sec. 7. Section 15.108, subsection 7, paragraph c,
subparagraph (1), subparagraph division (b), Code 2017, is
amended by striking the subparagraph division.
Sec. 8. Section 15.108, subsection 7, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0d. (1) Establish standards and procedures,
by rule, for certifying that targeted small businesses are
eligible to participate in the procurement program established
in sections 73.15 through 73.21 and are eligible for financial
and technical assistance provided for under this subsection.
The rules for certifying eligibility adopted pursuant to this
paragraph shall not recognize self-certification by a business.
The authority may also establish, by rule, the appropriate
level of public access to differing classes of electronic
records and other records under the procurement program to
ensure the confidentiality of any records that are required by
law to be confidential.
(2) Maintain a current directory of targeted small
businesses certified pursuant to this paragraph. The
authority shall also provide information to the department of
administrative services necessary for the identification of
targeted small businesses under section 8A.111, subsection 7.
Sec. 9. Section 15.108, subsection 7, paragraph g,
subparagraph (1), Code 2017, is amended to read as follows:
(1) Developing a uniform small business vendor application
form which can be adopted by all agencies and departments of
state government to identify small businesses and targeted
small businesses which desire to sell goods and services to the
state. This form shall also contain information which can be
used to determine certification as a targeted small business
pursuant to section 10A.104, subsection 8 paragraph “0d”.
-4- Sec. 10. Section 73.16, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Prior to the commencement of a fiscal year, the director of
each agency or department of state government having purchasing
authority, in cooperation with the targeted small business
marketing and compliance project manager of the economic
development authority, shall establish for that fiscal year
a procurement goal from certified targeted small businesses
identified pursuant to section 10A.104, subsection 8 15.108,
subsection 7, paragraph “0d”.
Sec. 11. Section 73.16, subsection 2, paragraph c,
subparagraph (3), Code 2017, is amended to read as follows:
(3) A community college, area education agency, or school
district shall establish a procurement goal from certified
targeted small businesses, identified pursuant to section
10A.104, subsection 8 15.108, subsection 7, paragraph “0d”, of
at least ten percent of the value of anticipated procurements
of goods and services including construction, but not including
utility services, each fiscal year.
DIVISION III
Technical changes
Sec. 12. Section 403.19A, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. (1) The department of economic development authority
shall approve four eligible cities as pilot project cities, one
pursuant to paragraph “a”, subparagraph (1), one pursuant to
paragraph “a”, subparagraph (2), and two pursuant to paragraph
“a”, subparagraph (3). If two eligible cities are approved
which are located in the same county and the county has a
population of less than forty-five thousand, the two approved
eligible cities shall be considered one pilot project city. If
more than two cities meeting the requirements of paragraph “a”,
subparagraph (3), apply to be designated as a pilot project
city, the department of economic development authority shall
-5-determine which two cities hold the most potential to create
new jobs or generate the greatest capital within their areas.
Applications from eligible cities filed on or after October 1,
2006, shall not be considered.
(2) If a pilot project city does not enter into a
withholding agreement within one year of its approval as a
pilot project city, the city shall lose its status as a pilot
project city. If two pilot project cities are located in the
same county, the loss of status by one pilot project city shall
not cause the second pilot project city in the county to lose
its status as a pilot project city. Upon such occurrence,
the department of economic development authority shall take
applications from other eligible cities to replace that city.
Another city shall be designated within six months.
(3) On July 1, 2011, the economic development authority
shall assume responsibility for the administration of this
subsection.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 621, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernoraw/sc/rn/md