Bill Text: IA SSB1015 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to programs and projects administered by the economic development authority.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-01-25 - Subcommittee recommends passage. [SSB1015 Detail]
Download: Iowa-2017-SSB1015-Introduced.html
Senate
Study
Bill
1015
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ECONOMIC
DEVELOPMENT
AUTHORITY
BILL)
A
BILL
FOR
An
Act
relating
to
programs
and
projects
administered
by
the
1
economic
development
authority.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
DIVISION
I
1
SPORTS
TOURISM
PROGRAM
——
TECHNICAL
CHANGES
2
Section
1.
Section
15F.401,
subsections
2
and
6,
Code
2017,
3
are
amended
to
read
as
follows:
4
2.
a.
A
city
or
county
in
the
state
or
a
public
5
organization
entity
,
including
a
convention
and
visitors
6
bureau
or
a
district,
may
apply
to
the
authority
for
financial
7
assistance
for
a
project
that
actively
and
directly
promotes
8
sporting
events
for
accredited
colleges
and
universities
and
9
other
sporting
events
in
the
area
served
by
the
city,
county,
10
or
public
organization
entity
.
11
b.
A
city,
county,
or
public
organization
entity
may
apply
12
for
and
receive
financial
assistance
for
more
than
one
project.
13
c.
A
city,
county,
or
public
organization
entity
may
apply
14
for
financial
assistance
for
a
project
that
spans
multiple
15
fiscal
years
or
may
apply
for
renewal
of
financial
assistance
16
awarded
in
a
prior
year
if
all
applicable
contractual
17
requirements
are
met.
The
decision
as
to
whether
to
renew
18
an
award
shall
be
at
the
discretion
of
the
board.
The
board
19
may
adopt
by
rule
certain
metrics
and
return
on
investment
20
estimates
for
purposes
of
this
paragraph.
The
authority
may
21
include
such
metrics
and
estimates
in
a
program
agreement
22
executed
pursuant
to
this
section
.
23
d.
A
convention
and
visitors
bureau
may
apply
to
the
24
authority
for
financial
assistance
pursuant
to
this
section
and
25
a
district
may
apply
to
the
authority
for
district
financial
26
assistance,
but
a
convention
and
visitors
bureau
shall
not
in
27
the
same
year
receive
financial
assistance
under
the
program
28
created
in
this
section
and
financial
assistance
as
part
of
a
29
district.
30
6.
a.
A
city,
county,
or
public
organization
entity
31
may
use
financial
assistance
received
under
the
program
for
32
marketing,
promotions,
and
infrastructure.
Whether
an
activity
33
or
individual
cost
item
is
directly
related
to
the
promotion
34
of
the
sporting
event
shall
be
within
the
discretion
of
the
35
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authority.
1
b.
All
applications
to
the
authority
for
financial
2
assistance
shall
be
made
at
least
ninety
days
prior
to
an
3
event’s
scheduled
date.
A
city,
county,
or
public
organization
4
entity
shall
not
use
financial
assistance
received
under
the
5
program
as
reimbursement
for
completed
projects.
6
Sec.
2.
Section
15F.403,
subsection
2,
paragraph
a,
Code
7
2017,
is
amended
to
read
as
follows:
8
a.
Moneys
in
the
fund
are
appropriated
to
the
authority
9
for
purposes
of
providing
financial
assistance
to
cities,
10
counties,
and
public
organizations
entities
under
the
sports
11
tourism
program
established
and
administered
pursuant
to
this
12
subchapter
.
13
DIVISION
II
14
TARGETED
SMALL
BUSINESS
CERTIFICATION
15
Sec.
3.
Section
8A.111,
subsection
7,
Code
2017,
is
amended
16
to
read
as
follows:
17
7.
An
annual
report
regarding
the
Iowa
targeted
small
18
business
procurement
Act
activities
of
the
department
as
19
required
under
section
15.108,
subsection
7
,
paragraph
20
“c”
,
and
quarterly
reports
regarding
the
total
dollar
21
amount
of
certified
purchases
for
certified
targeted
small
22
businesses
during
the
previous
quarter
as
required
in
section
23
73.16,
subsection
2
.
The
department
shall
keep
any
vendor
24
identification
information
received
from
the
department
of
25
inspections
and
appeals
economic
development
authority
as
26
provided
in
section
10A.104,
subsection
8
15.108,
subsection
27
7,
paragraph
“0d”
,
and
necessary
for
the
quarterly
reports,
28
confidential
to
the
same
extent
as
the
department
of
inspection
29
and
appeals
economic
development
authority
is
required
to
30
keep
such
information.
Confidential
information
received
by
31
the
department
from
the
department
of
inspections
and
appeals
32
economic
development
authority
shall
not
be
disclosed
except
33
pursuant
to
court
order
or
with
the
approval
of
the
department
34
of
inspections
and
appeals
economic
development
authority
.
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Sec.
4.
Section
10A.104,
subsection
8,
Code
2017,
is
amended
1
by
striking
the
subsection.
2
Sec.
5.
Section
12.44,
Code
2017,
is
amended
to
read
as
3
follows:
4
12.44
Iowa
satisfaction
and
performance
bond
program.
5
Agencies
of
state
government
shall
be
required
to
waive
the
6
requirement
of
satisfaction,
performance,
surety,
or
bid
bonds
7
for
targeted
small
businesses
which
are
able
to
demonstrate
8
the
inability
of
securing
such
a
bond
because
of
a
lack
of
9
experience,
lack
of
net
worth,
or
lack
of
capital.
This
waiver
10
shall
not
apply
to
businesses
with
a
record
of
repeated
failure
11
of
substantial
performance
or
material
breach
of
contract
in
12
prior
circumstances.
The
waiver
shall
be
applied
only
to
a
13
project
or
individual
transaction
amounting
to
fifty
thousand
14
dollars
or
less,
notwithstanding
section
573.2
.
In
order
to
15
qualify,
the
targeted
small
business
shall
provide
written
16
evidence
to
the
department
of
inspections
and
appeals
economic
17
development
authority
that
the
bond
would
otherwise
be
denied
18
the
business.
The
granting
of
the
waiver
shall
in
no
way
19
relieve
the
business
from
its
contractual
obligations
and
shall
20
not
preclude
the
state
agency
from
pursuing
any
remedies
under
21
law
upon
default
or
breach
of
contract.
22
The
department
of
inspections
and
appeals
economic
23
development
authority
shall
certify
targeted
small
businesses
24
for
eligibility
and
participation
in
this
program
and
shall
25
make
this
information
available
to
other
state
agencies.
26
Subdivisions
of
state
government
may
also
grant
such
a
27
waiver
under
similar
circumstances.
28
Sec.
6.
Section
15.107B,
subsection
2,
paragraph
b,
Code
29
2017,
is
amended
to
read
as
follows:
30
b.
A
summary
of
the
report
filed
by
December
1
of
each
year
31
by
the
department
of
inspections
and
appeals
with
the
authority
32
regarding
certifications
of
targeted
small
businesses.
At
a
33
minimum,
the
summary
shall
include
the
number
of
certified
34
targeted
small
businesses
for
the
previous
year,
the
increase
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or
decrease
in
that
number
during
the
previous
fiscal
year
1
compared
to
the
prior
fiscal
year,
and
the
number
of
targeted
2
small
businesses
that
have
been
decertified
in
the
previous
3
fiscal
year.
4
Sec.
7.
Section
15.108,
subsection
7,
paragraph
c,
5
subparagraph
(1),
subparagraph
division
(b),
Code
2017,
is
6
amended
by
striking
the
subparagraph
division.
7
Sec.
8.
Section
15.108,
subsection
7,
Code
2017,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0d.
(1)
Establish
standards
and
procedures,
10
by
rule,
for
certifying
that
targeted
small
businesses
are
11
eligible
to
participate
in
the
procurement
program
established
12
in
sections
73.15
through
73.21
and
are
eligible
for
financial
13
and
technical
assistance
provided
for
under
this
subsection.
14
The
rules
for
certifying
eligibility
adopted
pursuant
to
this
15
paragraph
shall
not
recognize
self-certification
by
a
business.
16
The
authority
may
also
establish,
by
rule,
the
appropriate
17
level
of
public
access
to
differing
classes
of
electronic
18
records
and
other
records
under
the
procurement
program
to
19
ensure
the
confidentiality
of
any
records
that
are
required
by
20
law
to
be
confidential.
21
(2)
Maintain
a
current
directory
of
targeted
small
22
businesses
certified
pursuant
to
this
paragraph.
The
23
authority
shall
also
provide
information
to
the
department
of
24
administrative
services
necessary
for
the
identification
of
25
targeted
small
businesses
under
section
8A.111,
subsection
7.
26
Sec.
9.
Section
15.108,
subsection
7,
paragraph
g,
27
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
28
(1)
Developing
a
uniform
small
business
vendor
application
29
form
which
can
be
adopted
by
all
agencies
and
departments
of
30
state
government
to
identify
small
businesses
and
targeted
31
small
businesses
which
desire
to
sell
goods
and
services
to
the
32
state.
This
form
shall
also
contain
information
which
can
be
33
used
to
determine
certification
as
a
targeted
small
business
34
pursuant
to
section
10A.104,
subsection
8
paragraph
“0d”
.
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Sec.
10.
Section
73.16,
subsection
2,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
2
follows:
3
Prior
to
the
commencement
of
a
fiscal
year,
the
director
of
4
each
agency
or
department
of
state
government
having
purchasing
5
authority,
in
cooperation
with
the
targeted
small
business
6
marketing
and
compliance
project
manager
of
the
economic
7
development
authority,
shall
establish
for
that
fiscal
year
8
a
procurement
goal
from
certified
targeted
small
businesses
9
identified
pursuant
to
section
10A.104,
subsection
8
15.108,
10
subsection
7,
paragraph
“0d”
.
11
Sec.
11.
Section
73.16,
subsection
2,
paragraph
c,
12
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
13
(3)
A
community
college,
area
education
agency,
or
school
14
district
shall
establish
a
procurement
goal
from
certified
15
targeted
small
businesses,
identified
pursuant
to
section
16
10A.104,
subsection
8
15.108,
subsection
7,
paragraph
“0d”
,
of
17
at
least
ten
percent
of
the
value
of
anticipated
procurements
18
of
goods
and
services
including
construction,
but
not
including
19
utility
services,
each
fiscal
year.
20
DIVISION
III
21
TARGETED
JOBS
WITHHOLDING
CREDIT
22
Sec.
12.
Section
403.19A,
subsection
1,
Code
2017,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
0d.
“Laborshed
wage”
means
the
wage
level
25
represented
by
those
wages
within
two
standard
deviations
26
from
the
mean
wage
within
the
laborshed
area
in
which
the
27
eligible
business
is
located,
as
calculated
by
the
authority,
28
by
rule,
using
the
most
current
covered
wage
and
employment
29
data
available
from
the
department
of
workforce
development
for
30
the
laborshed
area.
The
authority
shall
designate
laborshed
31
areas
by
rule,
in
consultation
with
the
department
of
workforce
32
development.
33
Sec.
13.
Section
403.19A,
subsection
1,
paragraph
g,
Code
34
2017,
is
amended
to
read
as
follows:
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g.
“Targeted
job”
means
a
job
in
a
business
which
is
or
will
1
be
located
in
a
pilot
project
city
that
pays
a
wage
at
least
2
equal
to
the
countywide
average
laborshed
wage.
“Targeted
job”
3
includes
new
or
retained
jobs
from
Iowa
business
expansions
or
4
retentions
within
the
city
limits
of
the
pilot
project
city
and
5
those
jobs
resulting
from
established
out-of-state
businesses,
6
as
defined
by
the
economic
development
authority,
moving
to
or
7
expanding
in
Iowa.
8
Sec.
14.
Section
403.19A,
subsection
2,
paragraph
b,
Code
9
2017,
is
amended
to
read
as
follows:
10
b.
(1)
The
department
of
economic
development
authority
11
shall
approve
four
eligible
cities
as
pilot
project
cities,
one
12
pursuant
to
paragraph
“a”
,
subparagraph
(1),
one
pursuant
to
13
paragraph
“a”
,
subparagraph
(2),
and
two
pursuant
to
paragraph
14
“a”
,
subparagraph
(3).
If
two
eligible
cities
are
approved
15
which
are
located
in
the
same
county
and
the
county
has
a
16
population
of
less
than
forty-five
thousand,
the
two
approved
17
eligible
cities
shall
be
considered
one
pilot
project
city.
If
18
more
than
two
cities
meeting
the
requirements
of
paragraph
“a”
,
19
subparagraph
(3),
apply
to
be
designated
as
a
pilot
project
20
city,
the
department
of
economic
development
authority
shall
21
determine
which
two
cities
hold
the
most
potential
to
create
22
new
jobs
or
generate
the
greatest
capital
within
their
areas.
23
Applications
from
eligible
cities
filed
on
or
after
October
1,
24
2006,
shall
not
be
considered.
25
(2)
If
a
pilot
project
city
does
not
enter
into
a
26
withholding
agreement
within
one
year
of
its
approval
as
a
27
pilot
project
city,
the
city
shall
lose
its
status
as
a
pilot
28
project
city.
If
two
pilot
project
cities
are
located
in
the
29
same
county,
the
loss
of
status
by
one
pilot
project
city
shall
30
not
cause
the
second
pilot
project
city
in
the
county
to
lose
31
its
status
as
a
pilot
project
city.
Upon
such
occurrence,
32
the
department
of
economic
development
authority
shall
take
33
applications
from
other
eligible
cities
to
replace
that
city.
34
Another
city
shall
be
designated
within
six
months.
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(3)
On
July
1,
2011,
the
economic
development
authority
1
shall
assume
responsibility
for
the
administration
of
this
2
subsection
.
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
programs
and
projects
administered
by
7
the
economic
development
authority
(authority).
8
Division
I
of
the
bill
makes
technical
changes
relating
9
to
the
eligibility
for
applying
for
and
receiving
financial
10
assistance
under
the
sports
tourism
program
by
replacing
the
11
term
“organization”
with
“entity”.
12
Division
II
of
the
bill
transfers
responsibility
for
13
certifying
targeted
small
businesses
under
the
targeted
small
14
business
procurement
goal
program,
and
associated
reporting
15
requirements,
from
the
department
of
inspections
and
appeals
to
16
the
authority.
The
division
also
specifies
that
the
authority
17
may
establish
standards
for
public
access
to
different
classes
18
of
information
obtained
under
the
program.
19
Division
III
of
the
bill
relates
to
the
targeted
jobs
20
withholding
credit
pilot
project
by
requiring
that
targeted
21
jobs
be
determined
on
the
basis
of
a
laborshed
wage,
as
defined
22
in
the
bill,
rather
than
a
countywide
average
wage.
Under
23
the
division,
a
laborshed
wage
is
a
wage
within
two
standard
24
deviations
above
or
below
the
average
wage
within
the
laborshed
25
area.
26
-7-
LSB
1328XD
(7)
87
aw/sc/rn
7/
7
