Iowa-2017-SF176-Introduced
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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