Bill Text: IA SF176 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to programs and projects administered by the economic development authority. (Formerly SSB 1015.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-19 - Withdrawn. S.J. 1067. [SF176 Detail]

Download: Iowa-2017-SF176-Introduced.html

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Senate File 176 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON COMMERCE

                                 (SUCCESSOR TO SSB
                                     1015)

                                      A BILL FOR

  1 An Act relating to programs and projects administered by the
  2    economic development authority.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1                           DIVISION I
  1  2           SPORTS TOURISM PROGRAM == TECHNICAL CHANGES
  1  3    Section 1.  Section 15F.401, subsections 2 and 6, Code 2017,
  1  4 are amended to read as follows:
  1  5    2.  a.  A city or county in the state or a public
  1  6 organization entity, including a convention and visitors
  1  7 bureau or a district, may apply to the authority for financial
  1  8 assistance for a project that actively and directly promotes
  1  9 sporting events for accredited colleges and universities and
  1 10 other sporting events in the area served by the city, county,
  1 11 or public organization entity.
  1 12    b.  A city, county, or public organization entity may apply
  1 13 for and receive financial assistance for more than one project.
  1 14    c.  A city, county, or public organization entity may apply
  1 15 for financial assistance for a project that spans multiple
  1 16 fiscal years or may apply for renewal of financial assistance
  1 17 awarded in a prior year if all applicable contractual
  1 18 requirements are met. The decision as to whether to renew
  1 19 an award shall be at the discretion of the board. The board
  1 20 may adopt by rule certain metrics and return on investment
  1 21 estimates for purposes of this paragraph. The authority may
  1 22 include such metrics and estimates in a program agreement
  1 23 executed pursuant to this section.
  1 24    d.  A convention and visitors bureau may apply to the
  1 25 authority for financial assistance pursuant to this section and
  1 26 a district may apply to the authority for district financial
  1 27 assistance, but a convention and visitors bureau shall not in
  1 28 the same year receive financial assistance under the program
  1 29 created in this section and financial assistance as part of a
  1 30 district.
  1 31    6.  a.  A city, county, or public organization entity
  1 32  may use financial assistance received under the program for
  1 33 marketing, promotions, and infrastructure. Whether an activity
  1 34 or individual cost item is directly related to the promotion
  1 35 of the sporting event shall be within the discretion of the
  2  1 authority.
  2  2    b.  All applications to the authority for financial
  2  3 assistance shall be made at least ninety days prior to an
  2  4 event's scheduled date. A city, county, or public organization
  2  5  entity shall not use financial assistance received under the
  2  6 program as reimbursement for completed projects.
  2  7    Sec. 2.  Section 15F.403, subsection 2, paragraph a, Code
  2  8 2017, is amended to read as follows:
  2  9    a.  Moneys in the fund are appropriated to the authority
  2 10 for purposes of providing financial assistance to cities,
  2 11 counties, and public organizations entities under the sports
  2 12 tourism program established and administered pursuant to this
  2 13 subchapter.
  2 14                           DIVISION II
  2 15              TARGETED SMALL BUSINESS CERTIFICATION
  2 16    Sec. 3.  Section 8A.111, subsection 7, Code 2017, is amended
  2 17 to read as follows:
  2 18    7.  An annual report regarding the Iowa targeted small
  2 19 business procurement Act activities of the department as
  2 20 required under section 15.108, subsection 7, paragraph
  2 21 "c", and quarterly reports regarding the total dollar
  2 22 amount of certified purchases for certified targeted small
  2 23 businesses during the previous quarter as required in section
  2 24 73.16, subsection 2. The department shall keep any vendor
  2 25 identification information received from the department of
  2 26 inspections and appeals economic development authority as
  2 27 provided in section 10A.104, subsection 8 15.108, subsection
  2 28 7, paragraph "0d", and necessary for the quarterly reports,
  2 29 confidential to the same extent as the department of inspection
  2 30 and appeals economic development authority is required to
  2 31 keep such information. Confidential information received by
  2 32 the department from the department of inspections and appeals
  2 33  economic development authority shall not be disclosed except
  2 34 pursuant to court order or with the approval of the department
  2 35 of inspections and appeals economic development authority.
  3  1    Sec. 4.  Section 10A.104, subsection 8, Code 2017, is amended
  3  2 by striking the subsection.
  3  3    Sec. 5.  Section 12.44, Code 2017, is amended to read as
  3  4 follows:
  3  5    12.44  Iowa satisfaction and performance bond program.
  3  6    Agencies of state government shall be required to waive the
  3  7 requirement of satisfaction, performance, surety, or bid bonds
  3  8 for targeted small businesses which are able to demonstrate
  3  9 the inability of securing such a bond because of a lack of
  3 10 experience, lack of net worth, or lack of capital. This waiver
  3 11 shall not apply to businesses with a record of repeated failure
  3 12 of substantial performance or material breach of contract in
  3 13 prior circumstances. The waiver shall be applied only to a
  3 14 project or individual transaction amounting to fifty thousand
  3 15 dollars or less, notwithstanding section 573.2. In order to
  3 16 qualify, the targeted small business shall provide written
  3 17 evidence to the department of inspections and appeals economic
  3 18 development authority that the bond would otherwise be denied
  3 19 the business. The granting of the waiver shall in no way
  3 20 relieve the business from its contractual obligations and shall
  3 21 not preclude the state agency from pursuing any remedies under
  3 22 law upon default or breach of contract.
  3 23    The department of inspections and appeals economic
  3 24 development authority shall certify targeted small businesses
  3 25 for eligibility and participation in this program and shall
  3 26 make this information available to other state agencies.
  3 27    Subdivisions of state government may also grant such a
  3 28 waiver under similar circumstances.
  3 29    Sec. 6.  Section 15.107B, subsection 2, paragraph b, Code
  3 30 2017, is amended to read as follows:
  3 31    b.  A summary of the report filed by December 1 of each year
  3 32 by the department of inspections and appeals with the authority
  3 33 regarding certifications of targeted small businesses. At a
  3 34 minimum, the summary shall include the number of certified
  3 35 targeted small businesses for the previous year, the increase
  4  1 or decrease in that number during the previous fiscal year
  4  2 compared to the prior fiscal year, and the number of targeted
  4  3 small businesses that have been decertified in the previous
  4  4 fiscal year.
  4  5    Sec. 7.  Section 15.108, subsection 7, paragraph c,
  4  6 subparagraph (1), subparagraph division (b), Code 2017, is
  4  7 amended by striking the subparagraph division.
  4  8    Sec. 8.  Section 15.108, subsection 7, Code 2017, is amended
  4  9 by adding the following new paragraph:
  4 10    NEW PARAGRAPH.  0d.  (1)  Establish standards and procedures,
  4 11 by rule, for certifying that targeted small businesses are
  4 12 eligible to participate in the procurement program established
  4 13 in sections 73.15 through 73.21 and are eligible for financial
  4 14 and technical assistance provided for under this subsection.
  4 15 The rules for certifying eligibility adopted pursuant to this
  4 16 paragraph shall not recognize self=certification by a business.
  4 17 The authority may also establish, by rule, the appropriate
  4 18 level of public access to differing classes of electronic
  4 19 records and other records under the procurement program to
  4 20 ensure the confidentiality of any records that are required by
  4 21 law to be confidential.
  4 22    (2)  Maintain a current directory of targeted small
  4 23 businesses certified pursuant to this paragraph. The
  4 24 authority shall also provide information to the department of
  4 25 administrative services necessary for the identification of
  4 26 targeted small businesses under section 8A.111, subsection 7.
  4 27    Sec. 9.  Section 15.108, subsection 7, paragraph g,
  4 28 subparagraph (1), Code 2017, is amended to read as follows:
  4 29    (1)  Developing a uniform small business vendor application
  4 30 form which can be adopted by all agencies and departments of
  4 31 state government to identify small businesses and targeted
  4 32 small businesses which desire to sell goods and services to the
  4 33 state. This form shall also contain information which can be
  4 34 used to determine certification as a targeted small business
  4 35 pursuant to section 10A.104, subsection 8 paragraph "0d".
  5  1    Sec. 10.  Section 73.16, subsection 2, paragraph a,
  5  2 unnumbered paragraph 1, Code 2017, is amended to read as
  5  3 follows:
  5  4    Prior to the commencement of a fiscal year, the director of
  5  5 each agency or department of state government having purchasing
  5  6 authority, in cooperation with the targeted small business
  5  7 marketing and compliance project manager of the economic
  5  8 development authority, shall establish for that fiscal year
  5  9 a procurement goal from certified targeted small businesses
  5 10 identified pursuant to section 10A.104, subsection 8 15.108,
  5 11 subsection 7, paragraph "0d".
  5 12    Sec. 11.  Section 73.16, subsection 2, paragraph c,
  5 13 subparagraph (3), Code 2017, is amended to read as follows:
  5 14    (3)  A community college, area education agency, or school
  5 15 district shall establish a procurement goal from certified
  5 16 targeted small businesses, identified pursuant to section
  5 17 10A.104, subsection 8 15.108, subsection 7, paragraph "0d", of
  5 18 at least ten percent of the value of anticipated procurements
  5 19 of goods and services including construction, but not including
  5 20 utility services, each fiscal year.
  5 21                          DIVISION III
  5 22                        TECHNICAL CHANGES
  5 23    Sec. 12.  Section 403.19A, subsection 2, paragraph b, Code
  5 24 2017, is amended to read as follows:
  5 25    b.  (1)  The department of economic development authority
  5 26  shall approve four eligible cities as pilot project cities, one
  5 27 pursuant to paragraph "a", subparagraph (1), one pursuant to
  5 28 paragraph "a", subparagraph (2), and two pursuant to paragraph
  5 29 "a", subparagraph (3). If two eligible cities are approved
  5 30 which are located in the same county and the county has a
  5 31 population of less than forty=five thousand, the two approved
  5 32 eligible cities shall be considered one pilot project city. If
  5 33 more than two cities meeting the requirements of paragraph "a",
  5 34 subparagraph (3), apply to be designated as a pilot project
  5 35 city, the department of economic development authority shall
  6  1 determine which two cities hold the most potential to create
  6  2 new jobs or generate the greatest capital within their areas.
  6  3 Applications from eligible cities filed on or after October 1,
  6  4 2006, shall not be considered.
  6  5    (2)  If a pilot project city does not enter into a
  6  6 withholding agreement within one year of its approval as a
  6  7 pilot project city, the city shall lose its status as a pilot
  6  8 project city. If two pilot project cities are located in the
  6  9 same county, the loss of status by one pilot project city shall
  6 10 not cause the second pilot project city in the county to lose
  6 11 its status as a pilot project city. Upon such occurrence,
  6 12 the department of economic development authority shall take
  6 13 applications from other eligible cities to replace that city.
  6 14 Another city shall be designated within six months.
  6 15    (3)  On July 1, 2011, the economic development authority
  6 16 shall assume responsibility for the administration of this
  6 17 subsection.
  6 18                           EXPLANATION
  6 19 The inclusion of this explanation does not constitute agreement with
  6 20 the explanation's substance by the members of the general assembly.
  6 21    This bill relates to programs and projects administered by
  6 22 the economic development authority (authority).
  6 23    Division I of the bill makes technical changes relating
  6 24 to the eligibility for applying for and receiving financial
  6 25 assistance under the sports tourism program by replacing the
  6 26 term "organization" with "entity".
  6 27    Division II of the bill transfers responsibility for
  6 28 certifying targeted small businesses under the targeted small
  6 29 business procurement goal program, and associated reporting
  6 30 requirements, from the department of inspections and appeals to
  6 31 the authority. The division also specifies that the authority
  6 32 may establish standards for public access to different classes
  6 33 of information obtained under the program.
  6 34    Division III of the bill makes additional technical changes.
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