Bill Text: IA SF2354 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the administration of certain economic development programs by the economic development authority and including effective date and retroactive applicability provisions. (Formerly SSB 3121 and SF 2180; see SF 2359.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-04-21 - Subcommittee, Dotzler, Feenstra, and McCoy. S.J. 819. [SF2354 Detail]

Download: Iowa-2013-SF2354-Introduced.html
Senate File 2354 - Introduced SENATE FILE 2354 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 2180) (SUCCESSOR TO SSB 3121) A BILL FOR An Act relating to the administration of certain economic 1 development programs by the economic development authority 2 and including effective date and retroactive applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5291SZ (3) 85 ad/sc
S.F. 2354 DIVISION I 1 INVESTMENT TAX CREDITS 2 Section 1. Section 15E.43, subsection 1, paragraph b, Code 3 2014, is amended to read as follows: 4 b. A tax credit shall be allowed only for an investment made 5 in the form of cash to purchase equity in a qualifying business 6 or in a community-based seed capital fund. A taxpayer that has 7 received a tax credit for an investment in a community-based 8 seed capital fund shall not claim the tax credit prior to the 9 third tax year following the tax year in which the investment 10 is made. Any tax credit in excess of the taxpayer’s liability 11 for the tax year may be credited to the tax liability for the 12 following five years or until depleted, whichever is earlier. 13 A tax credit shall not be carried back to a tax year prior to 14 the tax year in which the taxpayer redeems the tax credit. 15 Sec. 2. Section 15E.44, subsection 1, Code 2014, is amended 16 to read as follows: 17 1. In order for an equity investment to qualify for a 18 tax credit, the business in which the equity investment is 19 made shall, within one hundred twenty days of the date of 20 the first investment, notify the authority of the names, 21 addresses, shares issued, consideration paid for the shares, 22 and the amount of any tax credits, of all shareholders who 23 may initially qualify for the tax credits , and the earliest 24 year in which the tax credits may be redeemed . The list 25 of shareholders who may qualify for the tax credits shall 26 be amended as new equity investments are sold or as any 27 information on the list shall change. 28 Sec. 3. Section 15E.44, subsection 2, paragraph f, Code 29 2014, is amended to read as follows: 30 f. The business shall have secured , within twenty-four 31 months following the first date on which the equity investments 32 qualifying for tax credits have been made, total equity 33 or financing, near equity financing , binding investment 34 commitments, or some combination thereof, equal to at least two 35 -1- LSB 5291SZ (3) 85 ad/sc 1/ 11
S.F. 2354 hundred fifty thousand dollars. 1 Sec. 4. Section 15E.45, subsection 3, paragraph a, 2 subparagraph (3), Code 2014, is amended by striking the 3 subparagraph and inserting in lieu thereof the following: 4 (3) Any other information required by the authority. 5 Sec. 5. Section 15E.45, subsection 6, Code 2014, is amended 6 to read as follows: 7 6. In the event that a community-based seed capital 8 fund fails to meet or maintain any requirement set forth in 9 this section , or in the event that at least thirty-three 10 percent of the invested capital of the community-based seed 11 capital fund has not been invested in one or more separate 12 qualifying businesses, measured at the end of the forty-eighth 13 thirty-sixth month after commencing the fund’s investing 14 activities, the authority shall rescind any tax credit 15 certificates issued to limited partners or members and shall 16 notify the department of revenue that it has done so, and the 17 tax credit certificates shall be null and void. However, a A 18 community-based seed capital fund may apply to the authority 19 for a one-year waiver of the requirements of this subsection . 20 Sec. 6. RETROACTIVE APPLICABILITY. This division of this 21 Act applies retroactively to January 1, 2014, for tax years 22 beginning and investments made on or after that date. 23 DIVISION II 24 TARGETED SMALL BUSINESS ASSISTANCE 25 Sec. 7. 2013 Iowa Acts, chapter 13, section 10, subsections 26 1 and 2, are amended to read as follows: 27 1. Upon repeal of the targeted small business financial 28 assistance program established in section 15.247 , the authority 29 shall transfer all unencumbered and unobligated moneys accruing 30 to the authority pursuant to existing agreements to a fund 31 established by the authority in the state treasury under 32 the control of the authority pursuant to section 15.106A, 33 subsection 1, paragraph “o”, to be used for the purposes of 34 providing assistance to targeted small businesses pursuant to 35 -2- LSB 5291SZ (3) 85 ad/sc 2/ 11
S.F. 2354 subsection subsections 3 and 4 of this section of this Act. 1 2. Loan payments or repayments and recaptures of principal, 2 interest, or other moneys accruing to the authority on or after 3 June 30, 2013, pursuant to an agreement under section 15.247 , 4 shall be transferred to a fund established by the authority in 5 the state treasury under the control of the authority pursuant 6 to section 15.106A, subsection 1, paragraph “o”, to be used 7 for the purposes of providing assistance to targeted small 8 businesses pursuant to subsection subsections 3 and 4 of this 9 section of this Act. 10 Sec. 8. 2013 Iowa Acts, chapter 13, section 10, subsection 11 3, paragraph c, is amended to read as follows: 12 c. The authority shall, upon completion of the initial 13 performance period and the other applicable terms of the 14 agreement with the microloan service provider, submit a report 15 to the general assembly and the governor’s office describing 16 the results achieved by the service provider and shall make 17 recommendations as to whether the state should continue to 18 provide funds for future fiscal years for the purpose of 19 providing financial and technical assistance to targeted 20 small businesses through the services of a microloan service 21 provider. The report shall also include the results achieved 22 by the program established to assist entities in developing a 23 statewide initiative designed to increase the number of female 24 entrepreneurs in the state pursuant to subsection 4. 25 Sec. 9. 2013 Iowa Acts, chapter 13, section 10, is amended 26 by adding the following new subsection: 27 NEW SUBSECTION . 4. a. From the moneys transferred pursuant 28 to subsections 1 and 2, the authority may use amounts not 29 allocated for purposes of subsection 3 for purposes of this 30 subsection. 31 b. The authority may establish a program to assist one 32 or more private sector entities in implementing a multiyear 33 statewide initiative designed to increase the number of female 34 entrepreneurs in the state. Such an initiative shall target 35 -3- LSB 5291SZ (3) 85 ad/sc 3/ 11
S.F. 2354 at least ten communities around the state, both urban and 1 rural, for training and discussion on the personal, legal, 2 and financial aspects of starting and operating a small 3 business. The initiative shall also provide for individual 4 mentoring, access to matched savings accounts intended to be 5 used for the start or expansion of a small business by a female 6 entrepreneur, and specialized topical workshops useful to 7 female entrepreneurs. 8 c. A targeted small business owned, operated, and actively 9 managed by one or more women that is receiving assistance under 10 subsection 3 is also eligible to receive assistance under this 11 subsection. 12 d. The program established pursuant to this subsection 13 shall be implemented, to the extent practicable, in a manner 14 that complements the program established pursuant to subsection 15 3. Results achieved by the program established pursuant to 16 this subsection shall be included in the report prepared 17 pursuant to subsection 3. 18 Sec. 10. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 DIVISION III 22 STRATEGIC INFRASTRUCTURE PROGRAM 23 Sec. 11. Section 15.117A, subsection 6, Code 2014, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . f. Review and make recommendations on all 26 applications received by the authority for financial assistance 27 under the Iowa strategic infrastructure program pursuant to 28 section 15.313. 29 Sec. 12. Section 15.311, Code 2014, is amended to read as 30 follows: 31 15.311 Title. 32 This part shall be known as the “Iowa Strategic Investment 33 Fund” Infrastructure” program. 34 Sec. 13. Section 15.313, subsection 1, Code 2014, is amended 35 -4- LSB 5291SZ (3) 85 ad/sc 4/ 11
S.F. 2354 to read as follows: 1 1. a. An Iowa strategic investment fund is created The 2 authority shall establish a fund pursuant to section 15.106A, 3 subsection 1, paragraph “o” , for purposes of financing 4 strategic infrastructure projects as described in this 5 section. A fund established for purposes of this section may 6 be administered as a revolving fund consisting and may consist 7 of any money moneys appropriated by the general assembly for 8 that purpose purposes of this section and any other moneys 9 that are lawfully available to and obtained or accepted by 10 the authority , from the federal government or private sources 11 for placement in the fund including moneys transferred or 12 deposited from other funds created pursuant to section 15.106A, 13 subsection 1, paragraph “o” . Any moneys appropriated to a fund 14 for purposes of this section shall be used for purposes of the 15 strategic infrastructure program. 16 b. Notwithstanding section 8.33 , moneys in the strategic 17 investment a fund established for purposes of this section at 18 the end of each fiscal year shall not revert to any other fund 19 but shall remain in the strategic investment infrastructure 20 fund for expenditure for subsequent fiscal years. 21 c. Moneys in a fund established for purposes of this 22 section, except for moneys appropriated to a fund for purposes 23 of this section, may be transferred to other funds created 24 pursuant to section 15.106A, subsection 1, paragraph “o” . 25 Sec. 14. Section 15.313, subsection 2, unnumbered paragraph 26 1, Code 2014, is amended to read as follows: 27 The assets of the fund program shall be used by the authority 28 to assist in provide financial assistance for strategic 29 infrastructure projects that are intended to lead to relocation 30 or expansion projects for existing businesses as well as 31 entrepreneurial start-up and expansion projects financial 32 assistance for new businesses . Moneys in the fund shall 33 be used for projects designed to meet any of the following 34 purposes: 35 -5- LSB 5291SZ (3) 85 ad/sc 5/ 11
S.F. 2354 Sec. 15. Section 15.313, subsection 2, paragraphs a, b, c, 1 d, e, and f, Code 2014, are amended by striking the paragraphs. 2 Sec. 16. Section 15.313, Code 2014, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 2A. The Iowa innovation council shall 5 review each application received by the economic development 6 authority for financial assistance under the program and 7 shall make recommendations to the board regarding all of the 8 following: 9 a. The completeness of the application. 10 b. Whether the board should approve an application for 11 financial assistance, and if so, the amount of such financial 12 assistance. 13 Sec. 17. Section 15.313, subsection 3, Code 2014, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 3. For purposes of this section, unless the context 17 otherwise requires: 18 a. “Financial assistance” means the same as defined in 19 section 15.102. 20 b. “Strategic infrastructure” means projects that develop 21 commonly utilized assets that provide an advantage to one 22 or more private sector entities or that create necessary 23 physical infrastructure in the state, and such projects are 24 not adequately provided by the public or private sectors. 25 Such projects may include vertical improvement developments, 26 facilities and equipment upgrades, or the redevelopment or 27 repurposing of underutilized property or other assets, provided 28 that each project is intended to attract additional public or 29 private sector investment and result in broad-based prosperity 30 in this state. 31 c. “Vertical improvement” means the same as defined in 32 section 15J.2. 33 Sec. 18. Section 15.313, Code 2014, is amended by adding the 34 following new subsection: 35 -6- LSB 5291SZ (3) 85 ad/sc 6/ 11
S.F. 2354 NEW SUBSECTION . 4. The authority shall adopt rules to 1 implement and administer this section. In adopting such rules, 2 the authority shall narrowly construe the provisions of this 3 section. 4 Sec. 19. Section 15.335B, subsection 2, paragraph a, Code 5 2014, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (7) For deposit in a fund created for 7 purposes of the strategic infrastructure program established 8 pursuant to section 15.313. 9 Sec. 20. Section 384.4, subsection 1, paragraph b, Code 10 2014, is amended to read as follows: 11 b. Interest as it becomes due and the amount necessary 12 to pay, or to create a sinking fund to pay, the principal at 13 maturity of all general obligation bonds issued by the city or 14 to pay, or to create a sinking fund to pay, amounts as due on 15 loans received through the former Iowa community development 16 loan program pursuant to section 15E.120 . 17 Sec. 21. 2011 Iowa Acts, chapter 133, section 13A, as 18 enacted by 2013 Iowa Acts, chapter 142, section 7, is amended 19 to read as follows: 20 SEC. 13A. TRANSITION UPON REPEAL. 21 1. Any moneys in the economic development fund created 22 pursuant to section 15G.111, Code Supplement 2011 , that 23 remain unobligated on July 1, 2013, shall be transferred to 24 the rebuild Iowa infrastructure fund. The authority shall 25 provide notification to the department of management and to the 26 legislative services agency at the time of the transfer. 27 2. Loan payments or repayments and recaptures of principal, 28 interest, or other moneys accruing to the authority on or after 29 July 1, 2013, pursuant to an agreement under chapter 15G, 30 subchapter I, shall be transferred by the authority to a fund 31 established by the authority in the state treasury pursuant to 32 section 15.106A, subsection 1, paragraph “o”. 33 3. The authority may use any moneys accruing pursuant to 34 subsection 2 for purposes of section 15.313. 35 -7- LSB 5291SZ (3) 85 ad/sc 7/ 11
S.F. 2354 Sec. 22. REPEAL. Section 15E.120, Code 2014, is repealed. 1 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 Sec. 24. RETROACTIVE APPLICABILITY. The section of this 5 division of this Act amending 2011 Iowa Acts, chapter 133, 6 section 13A, as enacted by 2013 Iowa Acts, chapter 142, section 7 7, applies retroactively to July 1, 2013. 8 DIVISION IV 9 ENDOW IOWA PROGRAM 10 Sec. 25. Section 15E.303, subsection 4, Code 2014, is 11 amended to read as follows: 12 4. “Endow Iowa qualified community foundation” means a 13 community foundation organized or operating in this state that 14 substantially complies with attains the national standards 15 established by the national council on foundations as 16 determined by the authority in collaboration with the Iowa 17 council of foundations. 18 DIVISION V 19 ECONOMIC DEVELOPMENT REGIONS 20 Sec. 26. Section 15E.231, unnumbered paragraph 1, Code 21 2014, is amended to read as follows: 22 In order for an economic development region to receive 23 assistance pursuant to section 15.335B , an economic development 24 region’s regional development plan must be approved by the 25 authority. An economic development region shall consist of not 26 less than three counties, unless two contiguous counties have a 27 combined population of at least three hundred thousand based on 28 the most recent federal decennial census two or more contiguous 29 counties and one or more public or private, nonprofit 30 entities that have entered into an agreement to pursue 31 mutual economic development goals with a regional focus . An 32 economic development region shall establish a focused economic 33 development effort that shall include a regional development 34 plan relating to one or more of the following areas: 35 -8- LSB 5291SZ (3) 85 ad/sc 8/ 11
S.F. 2354 Sec. 27. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to economic development programs by 7 modifying the administration of investment tax credits for 8 investments in community-based seed capital funds or qualifying 9 businesses, targeted small business assistance, the strategic 10 investment fund program, and the endow Iowa program and 11 properly related matters. 12 Division I of the bill eliminates the prohibition on a 13 taxpayer claiming the investment tax credit for an equity 14 investment in a qualifying business earlier than the third 15 tax year following the tax year in which the investment was 16 made. The bill eliminates the 24-month requirement for a 17 qualifying business under the investment tax credits program 18 to secure total equity or near equity financing and adds 19 that a qualifying business may also use binding investment 20 commitments, or a combination of the equity and investment 21 commitments to demonstrate that it has met the requirement 22 in current Code to secure at least $250,000. The bill also 23 changes the date by which a community-based seed capital fund 24 must invest in a separate qualifying business from 48 months 25 after commencing the fund’s investing activities to 36 months 26 after commencing the fund’s investing activities. 27 Division I applies retroactively to January 1, 2014, for tax 28 years beginning on or after that date and investments made on 29 or after that date. 30 Division II of the bill allows moneys transferred from the 31 targeted small business financial assistance program, which 32 was repealed in the 2013 legislative session, that are not 33 allocated for the procurement of a microloan service provider 34 to assist targeted small businesses to be used to establish a 35 -9- LSB 5291SZ (3) 85 ad/sc 9/ 11
S.F. 2354 program to assist one or more private entities in implementing 1 an initiative to increase the number of female entrepreneurs in 2 the state. A program created for this purpose must complement 3 the current microloan service provider program which provides 4 financial and technical assistance to targeted small businesses 5 at a discounted rate. A targeted small business that is owned, 6 operated, and managed by a woman and that is receiving the 7 services of a microloan service provider may also receive 8 assistance from the statewide initiative. 9 Division II takes effect upon enactment. 10 Division III of the bill makes changes to the strategic 11 investment fund program. The bill changes the name of the 12 program from the Iowa strategic investment fund program to the 13 Iowa strategic infrastructure program, and allows the authority 14 to establish a fund under its general authority for the purpose 15 of financing strategic infrastructure projects. 16 Under current law, a strategic investment fund is created 17 and the fund’s assets are required to be used for relocation or 18 expansion projects for existing businesses and entrepreneurial 19 start-up and expansion projects that meet purposes specified in 20 statute. The bill eliminates these provisions and requires the 21 fund created by the authority to be used to provide financial 22 assistance for relocation or expansion projects for existing 23 businesses as well as financial assistance for new businesses. 24 The bill requires moneys appropriated to the fund to be used 25 for the purpose of the strategic infrastructure program, but 26 allows other moneys in the fund to be transferred to other 27 funds created by the authority. The bill provides definitions 28 for “financial assistance”, “strategic infrastructure”, and 29 “vertical improvement”. 30 The bill requires the Iowa innovation council to review 31 each application for financial assistance under the strategic 32 infrastructure program and make a recommendation to the 33 economic development authority board on whether the application 34 is complete, whether the board should approve an application, 35 -10- LSB 5291SZ (3) 85 ad/sc 10/ 11
S.F. 2354 and the amount of the financial assistance to be awarded, if 1 any. 2 The bill repeals a provision relating to loan repayments 3 under the former Iowa community development loan program that 4 included a reference to the strategic investment fund. 5 The bill requires the authority to transfer loan payments 6 or repayments and recaptures of principal, interest, or other 7 moneys accruing to the authority as a result of an agreement 8 made pursuant to Code chapter 15G, subchapter I, the grow 9 Iowa financial assistance program, to a fund created by the 10 authority. This provision of the bill applies retroactively to 11 July 1, 2013. The bill allows the authority to use any moneys 12 transferred pursuant to this provision of the bill for purposes 13 of the strategic infrastructure program. 14 Division III of the bill takes effect upon enactment. 15 Division IV of the bill makes changes to the endow Iowa 16 program. The bill requires an endow Iowa qualified community 17 foundation to attain national standards established by the 18 national council on foundations rather than substantially 19 comply with those standards. 20 Division V of the bill modifies the definition of an economic 21 development region to be two or more contiguous counties 22 and one or more public or private, nonprofit entities that 23 have entered into an agreement to pursue regional economic 24 development goals. Under current law, an economic development 25 region is defined as three or more counties or two contiguous 26 counties with a population of at least 300,000 people. 27 Division V of the bill takes effect upon enactment. 28 -11- LSB 5291SZ (3) 85 ad/sc 11/ 11
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