Bill Text: IA HF641 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the economic development authority, including certain tax credit programs, the Iowa wine, beer, and spirits promotion board, and the beer and liquor control fund, and including applicability provisions.(Formerly HSB 23; See HF 679.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-05-01 - Withdrawn. H.J. 951. [HF641 Detail]
Download: Iowa-2023-HF641-Introduced.html
House
File
641
-
Introduced
HOUSE
FILE
641
BY
COMMITTEE
ON
ECONOMIC
GROWTH
AND
TECHNOLOGY
(SUCCESSOR
TO
HSB
23)
A
BILL
FOR
An
Act
relating
to
the
economic
development
authority,
1
including
certain
tax
credit
programs,
the
Iowa
wine,
beer,
2
and
spirits
promotion
board,
and
the
beer
and
liquor
control
3
fund,
and
including
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
TAX
CREDITS
2
Section
1.
Section
15.119,
subsection
2,
paragraph
h,
Code
3
2023,
is
amended
to
read
as
follows:
4
h.
The
renewable
chemical
production
tax
credit
program
5
administered
pursuant
to
sections
15.315
through
15.322
.
In
6
allocating
tax
credits
pursuant
to
this
subsection
for
the
7
fiscal
year
beginning
July
1,
2021,
and
for
each
fiscal
year
8
thereafter
beginning
before
July
1,
2037
,
the
authority
shall
9
not
allocate
more
than
five
million
dollars
for
purposes
of
10
this
paragraph.
This
paragraph
is
repealed
July
1,
2030
2039
.
11
Sec.
2.
Section
15.316,
subsection
3,
Code
2023,
is
amended
12
to
read
as
follows:
13
3.
“Building
block
chemical”
means
a
molecule
converted
14
from
biomass
feedstock
as
a
first
product
or
a
secondarily
15
derived
product
that
can
be
further
refined
into
a
higher-value
16
chemical,
material,
or
consumer
product.
“Building
block
17
chemical”
includes
but
is
not
limited
to
high-purity
glycerol,
18
oleic
acid,
lauric
acid,
methanoic
or
formic
acid,
arabonic
19
acid,
erythonic
acid,
glyceric
acid,
glycolic
acid,
lactic
20
acid,
3-hydroxypropionate,
propionic
acid,
malonic
acid,
21
serine,
succinic
acid,
fumaric
acid,
malic
acid,
aspartic
22
acid,
3-hydroxybutyrolactone,
acetoin,
threonine,
itaconic
23
acid,
furfural,
levulinic
acid,
glutamic
acid,
xylonic
acid,
24
xylaric
acid,
xylitol,
arabitol,
citric
acid,
aconitic
acid,
25
5-hydroxymethylfurfural,
lysine,
gluconic
acid,
glucaric
acid,
26
sorbitol,
gallic
acid,
ferulic
acid,
butyric
acid,
nonfuel
27
butanol,
nonfuel
ethanol,
or
such
additional
molecules
as
may
28
be
included
by
the
authority
by
rule
after
consultation
with
29
appropriate
experts
from
Iowa
state
university,
including
30
but
not
limited
to
the
Iowa
state
university
center
for
31
biorenewable
chemicals.
32
Sec.
3.
Section
15.318,
subsection
1,
Code
2023,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
f.
All
complete
applications
submitted
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by
eligible
businesses
shall
be
reviewed
and
scored
on
a
1
competitive
basis
by
the
authority
pursuant
to
rules
adopted
2
by
the
authority.
3
Sec.
4.
Section
15.318,
subsection
2,
paragraphs
c
and
d,
4
Code
2023,
are
amended
to
read
as
follows:
5
c.
An
eligible
business
shall
fulfill
all
the
requirements
6
of
the
program
and
the
agreement
before
receiving
the
authority
7
issues
the
business
a
tax
credit
certificate
or
entering
enters
8
into
a
subsequent
agreement
with
the
business
under
this
9
section
.
The
authority
may
decline
to
enter
into
a
subsequent
10
agreement
with
the
business
under
this
section
or
to
issue
a
11
tax
credit
if
an
agreement
is
not
successfully
fulfilled.
12
d.
Upon
establishing
that
all
requirements
of
the
program
13
and
the
agreement
have
been
fulfilled,
the
authority
shall
14
issue
a
tax
credit
and
related
tax
credit
certificate
to
the
15
eligible
business
stating
the
amount
of
renewable
chemical
16
production
tax
credit
the
eligible
business
may
claim.
17
Sec.
5.
Section
15.318,
subsection
3,
paragraphs
a,
d,
and
18
e,
Code
2023,
are
amended
to
read
as
follows:
19
a.
The
maximum
amount
of
tax
credit
that
the
authority
may
20
be
issued
issue
under
section
15.319
to
an
eligible
business
21
for
the
production
of
renewable
chemicals
in
a
calendar
year
22
shall
not
exceed
the
following:
23
(1)
In
the
case
of
an
eligible
business
that
has
been
in
24
operation
in
the
state
for
five
years
or
less
at
the
time
of
25
application,
is
one
million
dollars.
26
(2)
In
the
case
of
an
eligible
business
that
has
been
in
27
operation
in
the
state
for
more
than
five
years
at
the
time
of
28
application,
five
hundred
thousand
dollars.
29
d.
An
The
authority
shall
not
issue
an
eligible
business
30
shall
not
receive
more
than
five
tax
credits
credit
31
certificates
under
the
program.
32
e.
The
authority
shall
issue
tax
credits
under
the
program
33
on
a
first-come,
first-served
basis
until
the
maximum
amount
of
34
tax
credits
allocated
pursuant
to
section
15.119,
subsection
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2
,
paragraph
“h”
,
is
reached.
The
authority
shall
maintain
a
1
list
of
successful
applicants
under
the
program,
so
that
if
the
2
maximum
aggregate
amount
of
tax
credits
is
reached
in
a
given
3
fiscal
year,
eligible
businesses
that
successfully
applied
4
but
for
which
tax
credits
were
not
issued
shall
be
placed
on
5
a
wait
list
in
the
order
the
eligible
businesses
applied
and
6
shall
be
given
priority
for
receiving
tax
credits
in
succeeding
7
fiscal
years.
Placement
on
a
wait
list
pursuant
to
this
8
paragraph
shall
not
constitute
a
promise
binding
the
state.
9
The
availability
of
a
tax
credit
and
issuance
of
a
tax
credit
10
certificate
pursuant
to
this
subsection
in
a
future
fiscal
year
11
is
contingent
upon
the
availability
of
tax
credits
in
that
12
particular
fiscal
year.
In
each
fiscal
year
beginning
on
or
13
after
July
1,
2023,
and
ending
on
or
before
June
30,
2036,
the
14
authority
may
award
an
amount
of
tax
credits
under
the
program
15
not
to
exceed
the
maximum
aggregate
amount
allocated
in
section
16
15.119,
subsection
2,
paragraph
“h”
.
17
Sec.
6.
Section
15.319,
subsection
1,
Code
2023,
is
amended
18
to
read
as
follows:
19
1.
An
eligible
business
that
has
entered
into
an
agreement
20
pursuant
to
section
15.318
may
claim
a
tax
credit
in
an
amount
21
equal
to
the
product
of
five
cents
multiplied
by
the
number
22
of
pounds
of
renewable
chemicals
produced
in
this
state
from
23
biomass
feedstock
by
the
eligible
business
during
the
calendar
24
year
in
excess
of
the
eligible
business’s
pre-eligibility
25
production
threshold.
However,
an
eligible
business
shall
26
not
receive
a
tax
credit
for
the
production
of
a
secondarily
27
derived
building
block
chemical
if
that
chemical
is
also
the
28
subject
of
a
credit
at
the
time
of
production
as
a
first
29
product.
The
renewable
chemical
production
tax
credit
shall
30
not
be
available
for
any
renewable
chemical
produced
before
the
31
2017
calendar
year
or
after
the
2026
2035
calendar
year.
32
Sec.
7.
Section
15.320,
subsection
1,
Code
2023,
is
amended
33
to
read
as
follows:
34
1.
For
purposes
of
this
section
,
“successful
tax
credit
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applicant”
includes,
with
respect
to
each
calendar
year,
an
1
eligible
business
that
was
issued
a
tax
credit
certificate
for
2
production
of
renewable
chemicals
during
that
calendar
year
,
3
and
an
eligible
business
that
successfully
applied
for
a
tax
4
credit
for
the
production
of
renewable
chemicals
during
that
5
calendar
year,
but
was
not
issued
a
tax
credit
and
was
instead
6
placed
on
a
wait
list
pursuant
to
section
15.318,
subsection
7
3
,
paragraph
“e”
.
8
Sec.
8.
Section
15.320,
subsection
2,
Code
2023,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
2.
By
January
31
of
each
year,
the
board,
in
cooperation
12
with
the
department
of
revenue,
shall
submit
to
the
general
13
assembly
and
to
the
governor
a
report
describing
the
activities
14
of
the
program
for
the
most
recent
calendar
year
for
which
the
15
tax
credit
application
period
has
ended
pursuant
to
section
16
15.318,
subsection
1,
paragraph
“d”
.
The
report
shall,
at
a
17
minimum,
include
the
following
information:
18
a.
The
aggregate
number
of
pounds,
and
a
list
of
each
type,
19
of
renewable
chemicals
produced
in
Iowa
by
all
successful
20
tax
credit
applicants
during
the
calendar
year
prior
to
the
21
calendar
year
for
which
the
successful
applicants
first
applied
22
for
a
tax
credit
under
the
program.
23
b.
The
aggregate
number
of
pounds,
and
a
list
of
each
type,
24
of
renewable
chemicals
produced
in
Iowa
by
all
successful
tax
25
credit
applicants
during
each
calendar
year.
26
c.
The
number
of
employees
located
in
Iowa
of
all
successful
27
tax
credit
applicants
during
the
calendar
year
prior
to
the
28
calendar
year
for
which
the
successful
applicants
first
applied
29
for
a
tax
credit
under
the
program.
30
d.
The
number
of
employees
located
in
Iowa
of
all
successful
31
tax
credit
applicants
during
each
calendar
year.
32
e.
For
each
eligible
business
issued
a
renewable
chemical
33
production
tax
credit
during
each
calendar
year:
34
(1)
The
identity
of
the
eligible
business.
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(2)
The
amount
of
the
tax
credit.
1
(3)
The
manner
in
which
the
eligible
business
first
2
qualified
as
an
eligible
business
under
section
15.317,
3
subsection
4,
whether
by
organizing,
expanding,
or
locating
in
4
the
state.
5
f.
The
total
amount
of
all
renewable
chemical
production
tax
6
credits
claimed
during
each
calendar
year,
and
the
portion
of
7
each
claim
issued
as
a
refund.
8
Sec.
9.
Section
15.320,
subsection
3,
Code
2023,
is
amended
9
to
read
as
follows:
10
3.
To
protect
the
presumption
of
confidentiality
11
established
in
section
15.318,
subsection
5
,
the
board
shall
12
report
all
information
in
an
aggregate
form
to
prevent,
13
as
much
as
possible,
information
being
attributable
to
any
14
particular
eligible
business,
except
as
provided
in
subsection
15
2
,
paragraph
“k”
“e”
.
16
Sec.
10.
Section
15.322,
Code
2023,
is
amended
to
read
as
17
follows:
18
15.322
Future
repeal.
19
Section
15.315
,
15.316
,
15.317
,
15.318
,
15.319
,
15.320
,
20
15.321
,
and
this
section
,
are
repealed
July
1,
2030
2039
.
21
Sec.
11.
Section
15E.52,
subsection
1,
paragraph
c,
Code
22
2023,
is
amended
to
read
as
follows:
23
c.
“Innovative
business”
means
a
business
applying
novel
24
or
original
methods
to
the
manufacture
of
a
product
or
the
25
delivery
of
a
service.
“Innovative
business”
includes
but
is
26
not
limited
to
a
business
engaged
in
the
industries
of
advanced
27
manufacturing,
biosciences,
and
information
technology
,
or
28
educational
technology
.
29
Sec.
12.
Section
15E.52,
subsection
5,
paragraph
a,
Code
30
2023,
is
amended
to
read
as
follows:
31
a.
To
receive
a
tax
credit,
a
taxpayer
must
submit
an
32
application
to
the
board.
The
board
shall
issue
certificates
33
under
this
section
on
a
first-come,
first-served
basis,
which
34
certificates
may
be
redeemed
for
tax
credits.
The
board
shall
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issue
such
certificates
so
that
not
more
than
the
amount
1
allocated
for
such
tax
credits
under
section
15.119,
subsection
2
2
,
may
be
claimed.
The
board
shall
not
issue
a
certificate
3
before
September
1,
2014.
4
Sec.
13.
Section
15E.52,
subsection
5,
paragraph
b,
Code
5
2023,
is
amended
by
striking
the
paragraph.
6
Sec.
14.
Section
15E.52,
subsection
8,
Code
2023,
is
amended
7
to
read
as
follows:
8
8.
The
board
shall
not
certify
an
innovation
fund
after
June
9
30,
2023
2028
.
10
Sec.
15.
Section
15E.52,
subsection
10,
paragraph
b,
Code
11
2023,
is
amended
by
striking
the
paragraph.
12
Sec.
16.
Section
422.10B,
Code
2023,
is
amended
to
read
as
13
follows:
14
422.10B
Renewable
chemical
production
tax
credit.
15
The
taxes
imposed
under
this
subchapter
,
less
the
credits
16
allowed
under
section
422.12
,
shall
be
reduced
by
a
renewable
17
chemical
production
tax
credit
allowed
under
section
15.319
.
18
This
section
is
repealed
January
1,
2033
2041
.
19
Sec.
17.
Section
422.33,
subsection
22,
Code
2023,
is
20
amended
to
read
as
follows:
21
22.
The
taxes
imposed
under
this
subchapter
shall
be
reduced
22
by
a
renewable
chemical
production
tax
credit
allowed
under
23
section
15.319
.
This
subsection
is
repealed
January
1,
2033
24
2041
.
25
Sec.
18.
APPLICABILITY.
26
1.
The
following
apply
to
all
applications
submitted
to
the
27
renewable
chemical
production
tax
credit
program
on
or
after
28
July
1,
2023:
29
a.
The
section
of
this
division
of
this
Act
amending
section
30
15.316,
subsection
3.
31
b.
The
section
of
this
division
of
this
Act
amending
section
32
15.318,
subsection
1.
33
c.
The
section
of
this
division
of
this
Act
amending
section
34
15.318,
subsection
3,
paragraphs
“a”,
“d”,
and
“e”.
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2.
The
following
apply
to
all
eligible
businesses
placed
on
1
a
wait
list
pursuant
to
section
15.318,
subsection
3,
paragraph
2
“e”,
on
or
before
June
30,
2023:
3
a.
The
portion
of
the
section
of
this
division
of
this
Act
4
amending
section
15.318,
subsection
3,
paragraph
“e”.
5
b.
The
section
of
this
division
of
this
Act
amending
section
6
15.320,
subsection
1.
7
3.
The
following
applies
to
all
applications
submitted
8
to
the
economic
development
authority’s
board
for
innovation
9
fund
investment
tax
credits,
administered
pursuant
to
section
10
15E.52,
on
or
after
July
1,
2023:
11
The
section
of
this
division
of
this
Act
amending
section
12
15E.52,
subsection
1,
paragraph
“c”.
13
4.
The
following
applies
to
all
applications
submitted
for
14
innovation
fund
tax
credits,
administered
pursuant
to
section
15
15E.52,
placed
on
a
wait
list
pursuant
to
section
15E.52,
16
subsection
5,
paragraph
“b”:
17
The
section
of
this
division
of
this
Act
amending
section
18
15E.52,
subsection
5,
paragraph
“b”.
19
DIVISION
II
20
IOWA
WINE,
BEER,
AND
SPIRITS
PROMOTION
BOARD
21
Sec.
19.
Section
15E.116,
Code
2023,
is
amended
to
read
as
22
follows:
23
15E.116
Iowa
wine
,
and
beer
,
and
spirits
promotion
board.
24
An
Iowa
wine
,
and
beer
,
and
spirits
promotion
board
is
25
created.
The
board
consists
of
three
four
members
appointed
26
by
the
director
of
the
economic
development
authority.
Each
27
member
shall
serve
a
term
of
two
years
on
the
board.
One
member
28
shall
represent
the
authority,
one
member
shall
represent
the
29
Iowa
wine
makers,
and
one
member
shall
represent
the
Iowa
beer
30
makers
,
and
one
member
shall
represent
Iowa
distilleries
.
The
31
board
shall
advise
the
authority
on
the
best
means
to
promote
32
wine
,
and
beer
,
and
spirits
made
in
Iowa.
33
Sec.
20.
Section
15E.117,
Code
2023,
is
amended
to
read
as
34
follows:
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15E.117
Promotion
of
Iowa
wine
,
and
beer
,
and
spirits
.
1
1.
The
economic
development
authority
shall
consult
with
2
the
Iowa
wine
,
and
beer
,
and
spirits
promotion
board
on
the
3
best
means
to
promote
wine
,
and
beer
,
and
spirits
made
in
Iowa.
4
2.
The
authority
has
shall
have
the
authority
to
contract
5
with
private
persons
for
the
promotion
of
beer
,
and
wine
,
and
6
spirits
made
in
Iowa.
7
3.
Moneys
appropriated
to
the
authority
pursuant
to
8
sections
123.143
and
123.183
,
and
moneys
transferred
to
the
9
authority
pursuant
to
section
123.17,
subsection
8A,
may
10
be
used
by
the
authority
for
the
purposes
of
this
section
,
11
including
administrative
expenses
incurred
under
this
section
.
12
Sec.
21.
Section
123.17,
Code
2023,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
8A.
After
any
transfers
provided
for
15
in
subsections
3,
5,
6,
7,
and
8
are
made,
and
before
any
16
other
transfer
to
the
general
fund,
the
department
of
commerce
17
shall
transfer
to
the
economic
development
authority
from
the
18
beer
and
liquor
control
fund
the
lesser
of
two
hundred
fifty
19
thousand
dollars
or
one
percent
of
the
gross
sales
of
native
20
distilled
spirits
by
all
class
“A”
native
distilled
spirits
21
license
holders
made
by
the
division
for
the
purposes
of
22
promoting
Iowa
wine,
beer,
and
spirits.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
economic
development
authority,
27
including
certain
tax
credit
programs,
the
Iowa
wine,
beer,
and
28
spirits
promotion
board,
and
the
beer
and
liquor
control
fund.
29
The
bill
is
divided
into
two
divisions.
30
DIVISION
I
——
TAX
CREDITS.
The
bill
extends
the
future
31
repeal
date
for
the
renewable
chemical
program
from
July
1,
32
2030,
to
July
1,
2036.
The
bill
also
extends
the
availability
33
of
the
renewable
chemical
program
credit
for
any
renewable
34
chemical
produced
prior
to
the
end
of
calendar
year
2035,
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rather
than
the
end
of
calendar
year
2026.
1
Under
the
bill,
serine,
threonine,
lysine,
and
nonfuel
2
ethanol
are
removed
from
the
definition
of
“building
block
3
chemical”
for
purposes
of
the
renewable
chemical
program
4
(chemical
program).
All
completed
applications
submitted
by
5
eligible
businesses
to
the
chemical
program
must
be
reviewed
6
and
scored
on
a
competitive
basis
by
the
authority
pursuant
to
7
rules
adopted
by
the
authority,
and
$1
million
is
the
maximum
8
amount
of
credit
that
may
be
issued
to
an
eligible
business
in
9
a
calendar
year.
Under
current
law,
if
an
eligible
business
10
has
been
in
operation
in
the
state
for
five
years
or
less
at
11
the
time
of
application,
the
maximum
credit
is
$1
million.
If
12
the
business
has
been
in
operation
more
than
five
years,
the
13
maximum
is
$500,000.
The
bill
eliminates
the
wait
list
the
14
authority
must
currently
maintain
for
the
chemical
program.
15
Under
the
bill,
the
authority
may
award
an
amount
of
credits
16
under
the
chemical
program
not
to
exceed
the
maximum
aggregate
17
amount
allocated
in
Code
section
15.119(2)(h)
for
each
fiscal
18
year
beginning
on
or
after
July
1,
2023,
and
ending
on
or
19
before
June
30,
2036.
Information
regarding
the
chemical
20
program
that
must
be
submitted
to
the
general
assembly
and
21
to
the
governor
by
January
31
each
year
is
detailed
in
the
22
bill
and
differs
from
the
requirements
under
current
law.
The
23
future
repeal
of
the
chemical
program
is
extended
from
July
1,
24
2030,
to
July
1,
2039.
The
bill
extends
the
future
repeal
of
25
the
chemical
program
credit
allowed
under
Code
sections
422.10B
26
and
422.33
from
January
1,
2033,
to
January
1,
2041.
27
For
purposes
of
innovation
fund
investment
credits,
the
28
bill
adds
“educational
technology”
to
the
definition
of
29
“innovative
business”.
The
bill
eliminates
the
wait
list
30
for
the
innovation
fund
tax
credit
and
extends
the
time
the
31
authority’s
board
may
certify
an
innovation
fund
from
June
30,
32
2023,
to
June
30,
2028.
33
The
bill
makes
conforming
changes
to
Code
sections
34
15.318(2)(c)-(d),
and
15.354(4)(a)-(f).
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The
sections
of
this
division
of
the
bill
amending
Code
1
sections
15.316(3),
15.318(1),
15.318(3)(a),
15.318(3)(d),
2
and
15.318(3)(e)
apply
to
all
applications
submitted
to
the
3
chemical
program
on
or
after
July
1,
2023.
The
sections
of
the
4
division
of
the
bill
amending
Code
sections
15.318(3)(e)
and
5
15.320(1)
apply
to
all
eligible
businesses
placed
on
a
wait
6
list
for
the
program
pursuant
to
Code
section
15.318(3)(e)
on
7
or
before
June
30,
2023.
8
The
section
of
this
division
of
the
bill
amending
Code
9
section
15E.52(1)(c)
applies
to
all
applications
submitted
10
to
the
authority’s
board
for
innovation
fund
investment
tax
11
credits,
administered
pursuant
to
Code
section
15E.52,
on
or
12
after
July
1,
2023.
The
section
of
this
division
of
the
bill
13
amending
Code
section
15E.52(5)(b)
applies
to
all
applications
14
submitted
for
innovation
fund
tax
credits,
administered
15
pursuant
to
Code
section
15E.52,
placed
on
a
wait
list
pursuant
16
to
Code
section
15E.52(5)(b).
17
DIVISION
II
——
IOWA
WINE,
BEER,
AND
SPIRITS
PROMOTION
18
BOARD.
This
division
of
the
bill
modifies
the
Iowa
wine
and
19
beer
promotion
board
(promotion
board)
by
adding
spirits,
and
20
adds
a
fourth
member
to
the
promotion
board
to
represent
Iowa
21
distilleries.
The
current
promotion
board
has
three
members.
22
In
addition
to
advising
the
authority
on
the
promotion
of
23
Iowa-made
beer
and
wine,
the
bill
requires
the
promotion
board
24
to
advise
the
authority
on
the
promotion
of
spirits
made
in
25
Iowa.
The
authority
must
consult
with
the
promotion
board
on
26
the
best
means
to
promote
spirits
made
in
Iowa,
and
permits
the
27
authority
to
contract
with
private
persons
for
the
promotion
28
of
spirits
made
in
Iowa.
29
The
bill
requires
the
department
of
commerce,
after
certain
30
other
transfers
required
by
current
law
from
the
beer
and
31
liquor
control
fund
are
made,
to
transfer
to
the
authority
the
32
lesser
of
$250,000
or
1
percent
of
the
gross
sales
of
native
33
distilled
spirits
by
all
class
“A”
native
distilled
spirits
34
license
holders
made
by
the
alcoholic
beverages
division.
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