Bill Text: IA SF274 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act creating a technology prairie by promoting an environment to foster the growth of technology, start-up, and small businesses and to attract a skilled workforce by providing incentives and financial assistance to businesses and certain employees, and including effective date and applicability provisions. (See SF 417.)

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF274 Detail]

Download: Iowa-2013-SF274-Introduced.html
Senate File 274 - Introduced SENATE FILE 274 BY HATCH , MATHIS , SODDERS , BEALL , and DOTZLER A BILL FOR An Act creating a technology prairie by promoting an 1 environment to foster the growth of technology, start-up, 2 and small businesses and to attract a skilled workforce by 3 providing incentives and financial assistance to businesses 4 and certain employees, and including effective date and 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1850SS (5) 85 ad/sc
S.F. 274 DIVISION I 1 LEGISLATIVE FINDINGS —— PURPOSES 2 Section 1. LEGISLATIVE FINDINGS —— PURPOSES. 3 1. The general assembly finds all of the following: 4 a. That small businesses and start-up businesses may not 5 qualify for conventional financing and may lack the resources 6 to expand a business. 7 b. That the limited availability of a skilled workforce 8 hampers economic growth of small and start-up businesses in the 9 state. 10 c. That to enhance competitiveness and foster economic 11 development, this state must focus on the technological, 12 cultural, and community environment in order to attract a 13 skilled workforce and improve the economic climate for small 14 businesses throughout the state. 15 2. The general assembly declares the purposes of this Act to 16 be all of the following: 17 a. To promote a cultural and community environment which 18 encourages the retention of skilled technology workers in the 19 state and attracts other skilled technology workers to the 20 state. 21 b. To create incentives and assistance to compete with other 22 markets in attracting a skilled technology workforce. 23 c. To create incentives and assistance to increase the flow 24 of capital to start-up businesses and small businesses seeking 25 to expand in the state. 26 d. To promote the advancement of technology in the state to 27 assist small businesses throughout the state. 28 e. To create a technology prairie which promotes a cultural, 29 technological, community, and economic development environment 30 that fosters the growth of small businesses and start-up 31 companies and attracts a skilled technology workforce. 32 DIVISION II 33 EXCITE IOWA GRANT PROGRAM 34 Sec. 2. NEW SECTION . 303.96 Excite Iowa grant program. 35 -1- LSB 1850SS (5) 85 ad/sc 1/ 24
S.F. 274 1. The department of cultural affairs shall establish and 1 administer an excite Iowa grant program. The excite Iowa grant 2 program is established to provide grants to business entities 3 seeking to invest in community economic activities. A grant 4 shall not be awarded to a business entity unless the business 5 can match at least twenty percent of the amount of the grant 6 to be awarded. The matching funds may be from the business 7 entity, private foundations, federal or local government funds, 8 financial institutions, or individuals. 9 2. The grants are to be used by the business to invest in 10 community economic activities. Community economic activities 11 are those activities that promote and assist with the visual 12 arts, music, literature, drama, fine arts, recreation including 13 trails, and other related community activities and events as 14 deemed appropriate by the department. 15 3. In awarding a grant to a business to invest in community 16 economic activities, the department may consider the following: 17 a. The business entity’s relationship to the community. 18 b. The business entity’s status as a not-for-profit single 19 management company or other entity. 20 c. The location of the community and the need for community 21 economic activity in the community. 22 d. The overall geographic diversity of the applicants for 23 grants, including urban and rural communities. 24 e. The type of activity in which the business seeks to 25 invest. 26 f. Any other information the department deems relevant. 27 4. The department may accept, reject, or defer a business 28 entity’s application for a grant under this section. 29 5. A grant awarded under the program to a business entity 30 shall not exceed two hundred fifty thousand dollars. 31 6. The department may enter into an agreement with a 32 business entity selected to receive financial assistance 33 pursuant to this section for purposes of ensuring the program 34 is administered pursuant to the requirements of this section. 35 -2- LSB 1850SS (5) 85 ad/sc 2/ 24
S.F. 274 7. a. The department may seek the repayment of a grant 1 provided pursuant to this section as provided in paragraph “b” . 2 b. If, after receiving a grant from the department pursuant 3 to this section, the business entity fails to use the awarded 4 moneys for the purposes described in subsections 1 and 2, all 5 or a portion of the grant received is subject to immediate 6 repayment to, and recapture by, the department. 7 c. All repayments and recaptures of grants awarded under the 8 program shall be remitted to the department. 9 8. The department shall adopt rules pursuant to chapter 17A 10 as necessary to administer the program. 11 Sec. 3. NEW SECTION . 303.97 Excite Iowa grant fund. 12 1. An excite Iowa grant fund is created in the state 13 treasury under the control of the department of cultural 14 affairs and consisting of moneys appropriated by the general 15 assembly and any other moneys available to and obtained or 16 accepted by the department for deposit in the fund. 17 2. The fund shall be used to provide grants under the excite 18 Iowa grant program established in section 303.96. 19 3. Interest payments and repayments and recaptures 20 of moneys provided as grants pursuant to section 303.96, 21 subsection 7, shall be deposited in the fund. 22 4. Moneys in the fund are not subject to section 8.33. 23 Notwithstanding section 12C.7, subsection 2, interest or 24 earnings on moneys in the fund shall be credited to the fund. 25 DIVISION III 26 ENTREPRENEURIAL START-UP BUSINESS INCENTIVES 27 Sec. 4. NEW SECTION . 15E.364 Definitions. 28 For purposes of this division, unless the context otherwise 29 requires: 30 1. “Financial institution” means an institution listed 31 in section 422.61, subsection 1, or such other financial 32 institution as defined by the authority for purposes of this 33 section. 34 2. “Program” means the entrepreneur incentives and guarantee 35 -3- LSB 1850SS (5) 85 ad/sc 3/ 24
S.F. 274 program. 1 3. “Qualified business” means a start-up business in the 2 state that is participating in a guaranteed loan program under 3 the United States small business administration. However, 4 “qualified business” does not include businesses engaged 5 primarily in retail sales, real estate, or the provision of 6 health care or other professional services. 7 Sec. 5. NEW SECTION . 15E.365 Entrepreneur incentives and 8 guarantee program. 9 1. a. The authority shall establish and administer an 10 entrepreneur incentives and guarantee program. The authority, 11 pursuant to agreements with financial institutions, shall 12 provide loan and credit guarantees, or other forms of credit 13 guarantees, for qualified businesses to assure the repayment 14 of loan and credit guarantees or other extensions of credit 15 made to or on behalf of qualified businesses. The authority 16 may provide up to twenty-five percent of the amount of the 17 loan or credit as a guarantee of the loan or credit for a 18 qualified business. The total amount of the loan or credit to 19 be guaranteed shall not exceed one hundred thousand dollars. A 20 loan or credit guarantee provided under this section shall be 21 used in conjunction with a loan or credit guarantee provided by 22 the United States small business administration. 23 b. The authority may purchase insurance to cover defaulted 24 loans or credit meeting the requirements of the program to 25 the extent of the amount of the guarantee provided by the 26 authority. However, the authority shall not in any manner 27 directly or indirectly pledge the credit of the state. 28 2. In administering the program, the authority shall 29 consult and cooperate with financial institutions. 30 Administrative procedures and application procedures, as 31 practicable, shall be responsive to the qualified businesses 32 and shall be consistent with prudent investment and lending 33 practices and criteria. 34 3. The authority shall obtain certification from the United 35 -4- LSB 1850SS (5) 85 ad/sc 4/ 24
S.F. 274 States small business administration of the small business 1 administration’s agreement with the eligible business under 2 one of the small business administration’s guaranteed loan 3 programs. 4 Sec. 6. NEW SECTION . 15E.366 Entrepreneur incentives and 5 guarantee fund. 6 1. An entrepreneur incentives and guarantee fund is created 7 and established as a separate and distinct fund in the state 8 treasury under the control of the authority. Moneys in the 9 fund shall be used only for the purposes provided in this 10 section. 11 2. The moneys in the fund are appropriated to the authority 12 to be used for all of the following purposes: 13 a. Payment of claims pursuant to loan and credit guarantee 14 agreements entered into under section 15E.365. 15 b. Payment of administrative costs of the authority for 16 actual and necessary administrative expenses incurred by the 17 authority in administering the program. 18 c. Purchase or buyout of superior or prior liens, mortgages, 19 or security interests against a loan or credit that is the 20 subject of an agreement under section 15E.365. 21 d. Purchase of insurance to cover the default of loans or 22 credit made pursuant to the requirements of the entrepreneur 23 incentives and guarantee program to the extent of the amount 24 guaranteed under section 15E.365. 25 3. Moneys in the entrepreneur incentives and guarantee fund 26 shall consist of all of the following: 27 a. Moneys appropriated by the general assembly for the 28 purposes in subsection 1 and any other moneys available to and 29 obtained or accepted by the authority for deposit in the fund. 30 b. Proceeds from collateral assigned to the authority, fees 31 for guarantees, gifts, and moneys from any grant made to the 32 fund by a federal agency. 33 4. Moneys in the fund are not subject to section 8.33. 34 Notwithstanding section 12C.7, subsection 2, interest or 35 -5- LSB 1850SS (5) 85 ad/sc 5/ 24
S.F. 274 earnings on the moneys in the fund shall be credited to the 1 fund. 2 5. a. The authority shall only use moneys in the 3 entrepreneur incentives and guarantee fund as loan or credit 4 guarantees, and for the purposes provided in subsection 2, and 5 not any other moneys of the authority. During a fiscal year, 6 the authority may pledge an amount not to exceed the total 7 amount appropriated to the fund for the same fiscal year for 8 the purposes of the program. 9 b. The authority shall not in any manner, directly or 10 indirectly, pledge the credit or taxing power of this state 11 or any political subdivision of this state or make debts 12 payable out of any moneys except for those in the entrepreneur 13 incentives and guarantee fund. 14 DIVISION IV 15 SMALL BUSINESS MICROLOAN PROGRAM 16 Sec. 7. NEW SECTION . 15E.25 Small business microloan 17 program. 18 1. The economic development authority shall establish and 19 administer a small business microloan program. The small 20 business microloan program is established to provide loans to 21 local economic organizations to provide microloans to small 22 businesses. 23 2. To receive a loan from the program, the local economic 24 development organization shall demonstrate a dollar-for-dollar 25 fund match. The matching funds may be from a business, private 26 foundations, or individuals. 27 3. A loan awarded under the program to any local economic 28 development organization shall not exceed two hundred fifty 29 thousand dollars. 30 4. In awarding loans to local economic development 31 organizations to provide microloans to small businesses, the 32 authority may consider the following: 33 a. The local economic development organization’s 34 relationship to the community. 35 -6- LSB 1850SS (5) 85 ad/sc 6/ 24
S.F. 274 b. The local economic development organization’s ability to 1 provide accounting and audits of the microloans. 2 c. The location of the local economic development 3 organization. 4 d. The overall geographic diversity of the applicants for 5 loans, including urban and rural communities. 6 e. Any other information the authority deems relevant. 7 5. The authority may accept, reject, or defer a local 8 economic development organization’s application for funds under 9 this section. 10 6. a. The authority shall enter into an agreement with a 11 local economic development organization selected to receive 12 a loan pursuant to this section for purposes of ensuring the 13 program is administered pursuant to the requirements of this 14 section. 15 b. Upon repayment of the microloan by the business to 16 the local economic development organization, the authority 17 may require payment of an administrative fee of up to one 18 percent of the microloan to be deposited in the small business 19 microloan program revolving loan fund established in section 20 15E.26. 21 7. a. A local economic development organization awarded 22 financial assistance pursuant to this section shall establish 23 a microloan application process and conduct a microloan 24 program for small businesses. A local economic development 25 organization receiving financial assistance pursuant to this 26 section may accept and evaluate, and approve, deny, or defer, 27 applications for financial assistance from small businesses 28 pursuant to the requirements of this section. 29 b. A local economic development organization receiving 30 assistance shall only provide a microloan using the loan 31 awarded by the authority pursuant to this section for a new 32 or expanding business in this state which has twenty or fewer 33 employees at the time of the business’s application to the 34 local economic development organization. 35 -7- LSB 1850SS (5) 85 ad/sc 7/ 24
S.F. 274 c. The amount of a microloan awarded by a local economic 1 development organization using the loan awarded by the 2 authority pursuant to this section shall not exceed fifteen 3 thousand dollars to any single business. 4 d. The local economic development organization shall conduct 5 an annual audit of the small businesses to which it provided a 6 microloan using funds received pursuant to this section. 7 8. a. The authority may seek the recapture of a loan 8 provided pursuant to this section as provided in paragraph “b” . 9 b. If, after receiving financial assistance from the 10 authority pursuant to this section, the local economic 11 development organization fails to use the moneys for the 12 purposes described in subsections 1 and 7, all or a portion 13 of the financial assistance received is subject to immediate 14 repayment to, or recapture by, the authority. 15 c. All payments, repayments, and interest on loans awarded 16 to an economic development organization under the program shall 17 be remitted to the authority. 18 9. The authority shall adopt rules pursuant to chapter 17A 19 as necessary to administer the program. 20 Sec. 8. NEW SECTION . 15E.26 Small business microloan 21 program revolving loan fund. 22 1. A small business microloan program revolving loan fund 23 is created in the state treasury under the control of the 24 economic development authority. The revolving loan fund shall 25 be administered by the authority and shall consist of moneys 26 appropriated by the general assembly, moneys collected by the 27 authority as fees, and any other moneys obtained or accepted 28 by the authority for deposit in the revolving loan fund. The 29 proceeds of the revolving loan fund are appropriated to the 30 authority and shall be used to provide loans under the small 31 business microloan program established in section 15E.25. 32 2. Payments of interest on loans and repayments or 33 recaptures of moneys provided to an economic development 34 organization shall be deposited in the revolving loan fund. 35 -8- LSB 1850SS (5) 85 ad/sc 8/ 24
S.F. 274 3. Moneys in the fund are not subject to section 8.33. 1 Notwithstanding section 12C.7, subsection 2, interest or 2 earnings on moneys in the fund shall be credited to the fund. 3 DIVISION V 4 TECHNOLOGY WORKERS TAX CREDIT PROGRAM 5 Sec. 9. NEW SECTION . 261.114 Technology Workers Tax Credit 6 Program. 7 1. For purposes of this section, unless the context 8 otherwise requires: 9 a. “Commission” means the college student aid commission. 10 b. “Eligible lender” means the same as defined in section 11 261.35. 12 c. “Program” means the technology workers tax credit program 13 established in this section. 14 d. “Program agreement” means an agreement entered into 15 between the commission and a technology worker pursuant to this 16 section. 17 e. “Qualified student debt” means the maximum amount of 18 an eligible technology worker’s student loan principal as 19 determined pursuant to this section. 20 f. “Technology worker” means a worker employed as a computer 21 and information scientist, systems analyst, computer programmer 22 or developer, or computer professional, or any skilled worker 23 who performs any function related to information technology, 24 including the study, design, development, implementation, 25 support, or management of computer-based information systems. 26 2. The commission shall establish and administer a 27 technology workers tax credit program pursuant to this section. 28 The purpose of the program is to reimburse eligible technology 29 workers, or employers of such workers, for the amount of 30 qualified student debt borrowed and repaid in order to attend a 31 postsecondary institution. 32 3. The commission shall coordinate with postsecondary 33 institutions, technology workers, eligible lenders, and the 34 department of revenue in the administration of this program. 35 -9- LSB 1850SS (5) 85 ad/sc 9/ 24
S.F. 274 4. The commission shall enter into a program agreement with 1 an eligible technology worker residing and working in Iowa who 2 wishes to participate in the program. As part of the program 3 agreement, the technology worker shall covenant and agree to 4 the following: 5 a. That the person is or will become an Iowa resident and 6 will remain an Iowa resident for the entirety of each tax year 7 for which the person wishes to claim a tax credit under the 8 program. A person not meeting the residency requirements of 9 this paragraph is not eligible to claim a tax credit. 10 b. That the person was enrolled in a program of study at a 11 postsecondary institution and has qualified student debt. 12 c. To keep all necessary financial and educational records 13 relating to the degree pursued and the qualified student debt 14 incurred for a period of not less than three years after the 15 last tax year in which a tax credit under the program is 16 claimed. 17 d. That only repayment of qualified student debt is eligible 18 to be claimed as a tax credit under the program. 19 e. That any acceleration in the repayment schedule of the 20 qualified student debt will result in a forfeiture of the tax 21 credit in that tax year and all subsequent tax years. 22 f. To refinance the loans comprising qualified student debt 23 only if the loans remain separate from all other debt and if 24 both annual repayments and the total remaining indebtedness 25 under the loan’s amortization schedule will be reduced by such 26 refinancing. 27 5. A technology worker shall not enter into more than one 28 program agreement or claim the tax credit available under the 29 program more than once. 30 6. a. After entering into a program agreement with an 31 eligible technology worker, and before a tax credit certificate 32 is issued, the commission shall request the postsecondary 33 institution in which the technology worker was enrolled to 34 verify the technology worker’s enrollment at the institution 35 -10- LSB 1850SS (5) 85 ad/sc 10/ 24
S.F. 274 and to certify to the commission the technology worker’s amount 1 of qualified student debt. 2 b. The program agreement shall terminate if the commission 3 is unable to verify the technology worker’s enrollment at a 4 postsecondary institution or unable to certify the amount of 5 the technology worker’s qualified student debt. 6 7. a. An eligible technology worker’s qualified student 7 debt shall be the total amount of principal borrowed from an 8 eligible lender for purposes of paying the amount of tuition 9 and mandatory fees required in order to obtain a degree from a 10 postsecondary institution. 11 b. Only loans included as part of a financial aid package 12 awarded to the eligible technology worker by a postsecondary 13 institution shall be included in the amount of qualified 14 student debt determined pursuant to this subsection. 15 8. After verifying whether the technology worker qualifies 16 for the program and after certifying the amount of qualified 17 student debt, the commission shall issue to the technology 18 worker a tax credit certificate which shall contain the 19 technology worker’s name, address, tax identification number, 20 the amount of the tax credit, and any other information 21 required by the department of revenue. 22 9. a. (1) A technology workers tax credit shall be allowed 23 against the taxes imposed in chapter 422, divisions II, III, 24 and V, and in chapter 432, and against the moneys and credits 25 tax imposed in section 533.329, for the repayment of qualified 26 student debt. 27 (2) An individual may claim the tax credit under this 28 section of a partnership, limited liability company, S 29 corporation, estate, or trust electing to have income taxed 30 directly to the individual. The amount claimed by the 31 individual shall be based upon the pro rata share of the 32 individual’s earnings from the partnership, limited liability 33 company, S corporation, estate, or trust. 34 b. (1) An employer may claim a tax credit under this 35 -11- LSB 1850SS (5) 85 ad/sc 11/ 24
S.F. 274 section for payments made directly to an eligible lender on 1 behalf of a technology worker who has been issued a tax credit 2 certificate pursuant to this subsection. 3 (2) The employer may claim the tax credit in an amount 4 equal to the payments made by the employer of qualified student 5 debt that came due during the technology worker’s period of 6 employment with the employer. 7 (3) The employer may require a person to provide a copy of 8 the program agreement and a copy of the tax credit certificate 9 issued pursuant to this section in order to verify that a 10 person is an eligible technology worker with qualified student 11 debt. 12 (4) The employer claiming a tax credit under the program 13 shall retain all relevant records for at least three tax years 14 following the last tax year in which the tax credit is claimed. 15 c. A technology worker and the technology worker’s employer 16 may both claim tax credits for payments of qualified student 17 debt made in the same year, but the same payment of qualified 18 student debt shall not be claimed by more than one taxpayer. 19 d. A technology worker and the technology worker’s employer 20 shall receive a credit for the amount of qualified student debt 21 repaid by the employer or technology worker up to a combined 22 amount of one thousand dollars each year for a maximum of five 23 years. 24 e. Any tax credit in excess of the taxpayer’s liability 25 for the tax year is not refundable but may be credited to the 26 tax liability for the following five years or until depleted, 27 whichever is earlier. A tax credit shall not be carried back 28 to a tax year prior to the tax year in which the taxpayer first 29 receives the tax credit. 30 f. A technology worker or employer may claim the tax credit 31 only if the technology worker is in compliance with the program 32 agreement, and the technology worker is not in arrears on the 33 repayment schedule for the qualified student debt. 34 10. a. (1) To claim the technology workers tax credit, 35 -12- LSB 1850SS (5) 85 ad/sc 12/ 24
S.F. 274 a technology worker shall attach the tax credit certificate 1 issued by the commission to the taxpayer’s tax return. 2 (2) To claim the technology workers tax credit for payments 3 made on behalf of a technology worker, a taxpayer shall attach 4 a copy of the tax credit certificate issued to the technology 5 worker along with any information required by the department of 6 revenue pertaining to the payments made to an eligible lender. 7 b. The tax credit certificate attached to the taxpayer’s 8 tax return shall expire on or after the last day of the taxable 9 year for which the taxpayer is claiming the tax credit and show 10 a tax credit amount equal to or greater than the tax credit 11 claimed on the taxpayer’s tax return. 12 c. The tax credit certificate, unless rescinded by the 13 commission, shall be accepted by the department of revenue as 14 payment for taxes imposed pursuant to chapter 422, divisions 15 II, III, and V, and in chapter 432, and for the moneys and 16 credits tax imposed in 533.329, subject to any conditions or 17 restrictions placed by the commission upon the face of the 18 tax credit certificate and subject to the limitations of this 19 section. 20 11. Except as otherwise provided in this section, a tax 21 credit certificate is not transferable to any person or entity. 22 12. An eligible technology worker who exercises the 23 forbearance or deferment provisions of a student loan agreement 24 that comprises a portion of the technology worker’s qualified 25 student debt does not forfeit the right to claim the tax credit 26 available under this section. The department of revenue shall 27 toll the carryforward provisions of subsection 9, paragraph 28 “e” , for any worker exercising forbearance or deferment 29 provisions. 30 13. a. The commission, in consultation with the department 31 of revenue, shall adopt rules pursuant to chapter 17A for the 32 implementation and administration of the program. 33 b. The department of revenue, in consultation with the 34 commission, may adopt rules pursuant to chapter 17A for the 35 -13- LSB 1850SS (5) 85 ad/sc 13/ 24
S.F. 274 implementation and administration of subsections 9 through 12. 1 Sec. 10. NEW SECTION . 422.11R Technology workers tax 2 credit. 3 The taxes imposed under this division, less the credits 4 allowed under section 422.12, shall be reduced by a technology 5 workers tax credit authorized pursuant to section 261.114. 6 Sec. 11. Section 422.33, Code 2013, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 30. The taxes imposed under this division 9 shall be reduced by a technology workers tax credit authorized 10 pursuant to section 261.114. 11 Sec. 12. Section 422.60, Code 2013, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 12. The taxes imposed under this division 14 shall be reduced by a technology workers tax credit authorized 15 pursuant to section 261.114. 16 Sec. 13. NEW SECTION . 432.12N Technology workers tax 17 credit. 18 The taxes imposed under this chapter shall be reduced by a 19 technology workers tax credit authorized pursuant to section 20 261.114. 21 Sec. 14. Section 533.329, subsection 2, Code 2013, is 22 amended by adding the following new paragraph: 23 NEW PARAGRAPH . k. The moneys and credits tax imposed under 24 this section shall be reduced by a technology workers tax 25 credit authorized pursuant to section 261.114. 26 Sec. 15. APPLICABILITY. This division of this Act applies 27 to tax years beginning on or after January 1, 2014. 28 DIVISION VI 29 BROADBAND LOAN PROGRAM 30 Sec. 16. NEW SECTION . 15E.367 Broadband loan program. 31 1. The economic development authority shall establish and 32 administer a broadband loan program to provide low-interest 33 loans to broadband and telecommunications businesses to expand 34 broadband access in the state. 35 -14- LSB 1850SS (5) 85 ad/sc 14/ 24
S.F. 274 2. In awarding loans to businesses to invest in expanding 1 broadband access, the authority may consider the following: 2 a. The business’s relationship to the community. 3 b. The location of the community and the need for broadband 4 access in the community. 5 c. The overall geographic diversity of the applicants for 6 loans, including urban and rural communities. 7 d. Any other information the authority deems relevant. 8 3. The authority may accept, reject, or defer a business 9 entity’s application for funds under this section. 10 4. In awarding financial assistance, the authority shall 11 ensure that businesses that seek to expand broadband access to 12 communities that are underserved or are not served by broadband 13 technology shall receive financial assistance prior to 14 awarding financial assistance to businesses that seek to expand 15 broadband access to communities that have adequate service. 16 5. A loan awarded under the program to any single business 17 entity shall not exceed two hundred fifty thousand dollars. 18 6. The authority shall enter into an agreement with a 19 business entity selected to receive financial assistance 20 pursuant to this section for purposes of ensuring the program 21 is administered pursuant to the requirements of this section. 22 The agreement shall set the loan period and interest rate of 23 the loan. 24 7. a. The authority may seek immediate repayment or 25 recapture of the financial assistance awarded pursuant to this 26 section as provided in paragraph “b” . 27 b. If, after receiving financial assistance from the 28 authority pursuant to this section, the business entity 29 fails to use the awarded moneys for the purposes described in 30 subsection 1, all or a portion of the financial assistance 31 received is subject to immediate repayment or recapture. 32 c. All repayments, recaptures, and interest on loans awarded 33 under the program shall be remitted to the authority to be 34 deposited in the broadband loan program fund established in 35 -15- LSB 1850SS (5) 85 ad/sc 15/ 24
S.F. 274 section 15E.368. 1 8. The economic development authority shall have the power 2 to bond as necessary to carry out the purposes of the broadband 3 loan program. The bonds shall be issued in the same manner 4 as, and under the same conditions and restrictions of, section 5 15.106D. 6 Sec. 17. NEW SECTION . 15E.368 Broadband loan program fund. 7 1. A broadband loan program fund is created in the state 8 treasury under the control of the economic development 9 authority and consisting of moneys appropriated by the general 10 assembly and any other moneys available to and obtained or 11 accepted by the authority for placement in the fund. 12 2. Payments or repayments of moneys provided, and interest, 13 shall be deposited in the fund. 14 3. The fund shall be used to provide low-interest loans 15 under the broadband loan program established in section 16 15E.367. 17 4. Moneys in the fund are not subject to section 8.33. 18 Notwithstanding section 12C.7, subsection 2, interest or 19 earnings on moneys in the fund shall be credited to the fund. 20 DIVISION VII 21 SALES AND USE TAX COLLECTION ALLOWANCE 22 Sec. 18. NEW SECTION . 423.32A Collection allowance. 23 1. Each retailer subject to section 423.31 and each retailer 24 maintaining a place of business in this state subject to 25 section 423.32 may, at the time of making a return required 26 by those sections, take a collection allowance in the form 27 of a credit equal to five percent of the tax due as properly 28 computed on the return. 29 2. The collection allowance in this section shall not apply 30 to any of the following: 31 a. A person who files a return under section 423.31 pursuant 32 to a direct pay tax permit authorized under section 423.36, 33 subsection 8. 34 b. Tax due as a result of the retailer’s own purchase or use 35 -16- LSB 1850SS (5) 85 ad/sc 16/ 24
S.F. 274 of tangible personal property or enumerated services. 1 c. A return that is not timely filed or for which the tax 2 is not timely remitted. 3 3. The collection allowance in this section shall not exceed 4 fifty dollars per retailer per calendar year. For purposes of 5 this section, an affiliated group as defined in section 422.32 6 or a retailer operating multiple places of business shall be 7 considered one retailer, regardless of whether or not such 8 retailer files a consolidated return. 9 Sec. 19. Section 423.49, Code 2013, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 11. a. In addition to any other 12 monetary allowance provided under the agreement, each seller 13 registered under the agreement and filing a return pursuant 14 to this section may, at the time of making the return, take 15 a collection allowance in the form of a credit equal to five 16 percent of the tax due as properly computed on the return. 17 b. The collection allowance in this subsection shall not 18 apply to any of the following: 19 (1) Tax due as a result of the purchase or use of tangible 20 personal property or enumerated services by the seller 21 registered under the agreement. 22 (2) A return that is not timely filed or for which the tax 23 is not timely remitted. 24 c. The collection allowance in this subsection shall 25 not exceed fifty dollars per seller registered under the 26 agreement per calendar year. For purposes of this subsection, 27 an affiliated group as defined in section 422.32 or a seller 28 operating multiple places of business shall be considered one 29 seller registered under the agreement, regardless of whether or 30 not such seller files a consolidated return. 31 Sec. 20. EFFECTIVE DATE. This division of this Act takes 32 effect January 1, 2014. 33 Sec. 21. APPLICABILITY. This division of this Act applies 34 to returns filed for calendar years beginning on or after 35 -17- LSB 1850SS (5) 85 ad/sc 17/ 24
S.F. 274 January 1, 2014. 1 EXPLANATION 2 This bill relates to the establishment of programs to 3 provide financial and community incentives and financial 4 assistance to businesses in the state and certain employees. 5 Division I provides the legislative findings and establishes 6 the purposes of the bill. 7 Division II of the bill requires the department of cultural 8 affairs (DCA) to establish an excite Iowa grant program 9 and establishes an excite Iowa grant program fund under the 10 department’s control for the purpose of providing grants to 11 business entities seeking to invest in community economic 12 activities, as defined in the bill. 13 To receive an excite Iowa grant, a business entity must match 14 at least 20 percent of the amount of the grant with funds from 15 the business, private foundations, federal or local government 16 funds, financial institutions, or individuals. A grant awarded 17 under the program may not exceed $250,000. 18 The bill allows DCA to consider the business’s relationship 19 with the community, the business’s management status, the 20 location of the community in which the business seeks to 21 invest, the geographic diversity of the applicants, the type 22 of activity in which the business seeks to invest, and other 23 information DCA deems relevant in awarding the grants. 24 The bill authorizes DCA to enter into an agreement with a 25 business selected to receive financial assistance to ensure 26 compliance with the program requirements. The bill allows DCA 27 to seek repayments or recaptures of all or a portion of grant 28 moneys if the business entity receiving the grant fails to use 29 the awarded moneys to invest in a community economic activity. 30 The bill requires DCA to adopt rules to administer the 31 program. 32 Division III of the bill requires the economic development 33 authority (authority) to establish and administer an 34 entrepreneur incentives and guarantee program to provide loan 35 -18- LSB 1850SS (5) 85 ad/sc 18/ 24
S.F. 274 and credit guarantees for qualified businesses. The bill 1 provides that a “qualified business” means a start-up business 2 in the state that has entered into a guaranteed loan program 3 under the United States small business administration (SBA), 4 but does not include businesses engaged primarily in retail 5 sales, real estate, or the provision of health care or other 6 professional services. 7 The bill allows the authority to invest up to 25 percent 8 of the amount of the loan or credit as a loan or credit 9 guarantee for a qualified business. The amount of the loan 10 or credit for which the authority provides a guarantee shall 11 not exceed $100,000. The loan or credit guarantee provided by 12 the authority is to be used in conjunction with a guarantee 13 provided by the SBA. 14 The bill authorizes the authority to purchase insurance to 15 cover defaulted loans meeting the requirements of the program, 16 but states that the authority shall not directly or indirectly 17 pledge the credit of the state. 18 The bill also establishes an entrepreneur incentives and 19 guarantee fund under the control of the authority. The moneys 20 in the fund are to be used to pay claims of the loan and credit 21 guarantee agreements, pay administrative costs of the authority 22 in administering the program, or purchase or buy out superior 23 or prior liens, mortgages, or security interests on a loan or 24 credit that is the subject of an agreement. 25 The bill provides that the authority may only pledge moneys 26 in the entrepreneur incentives and guarantee fund and not any 27 other moneys of the authority. Additionally, the authority 28 may not pledge an amount during a fiscal year that exceeds the 29 total amount appropriated to the fund for that fiscal year to 30 assure the repayment of loan and credit guarantees made to or 31 on behalf of qualified businesses. 32 Division IV of the bill requires the economic development 33 authority to establish and administer a small business 34 microloan program and revolving loan fund to provide loans to 35 -19- LSB 1850SS (5) 85 ad/sc 19/ 24
S.F. 274 local economic development organizations to provide microloans 1 to small businesses. 2 The bill requires a local economic development organization 3 to demonstrate a dollar-for-dollar match to receive assistance 4 under the program. The bill provides that the maximum amount 5 of a loan to any single economic development organization may 6 not exceed $250,000. 7 The bill requires the authority to consider factors 8 specified in the bill and other information the authority deems 9 relevant when awarding the loans to local economic development 10 organizations. 11 The bill requires the authority to enter into an agreement 12 with the local economic development organization selected to 13 receive financial assistance under the program for purposes 14 of ensuring compliance with the program requirements. 15 The bill also allows the authority to require the local 16 economic development organization to pay up to a 1 percent 17 administrative fee upon a small business’s repayment of a 18 microloan to the organization for deposit in the small business 19 microloan program revolving fund. 20 The bill requires the local economic development 21 organization receiving financial assistance under the program 22 to establish a microloan application process and conduct a 23 microloan program for small businesses. The local economic 24 development organization may only use the financial assistance 25 received pursuant to the program to provide a microloan for 26 a new or expanding business in the state which has 20 or 27 fewer employees at the time of the business’s application 28 for a microloan. A microloan awarded by the local economic 29 development organization using financial assistance from the 30 program may not exceed $15,000 to any single business. The 31 bill requires the local economic development organization to 32 conduct an audit of the small businesses to which it provided a 33 microloan. 34 Financial assistance awarded under the program is subject 35 -20- LSB 1850SS (5) 85 ad/sc 20/ 24
S.F. 274 to immediate repayment or recapture if the local economic 1 development organization fails to use the financial assistance 2 for the program’s intended purposes. 3 Division V of the bill provides for the establishment of a 4 technology workers tax credit program to be administered by the 5 college student aid commission and the department of revenue. 6 The purpose of the program is to provide a tax credit to 7 eligible technology workers or to provide a tax credit to 8 an eligible technology worker’s employer for payments made 9 toward the qualified student debt. For purposes of the bill, 10 “qualified student debt” is the total amount of principal 11 borrowed by the eligible technology worker to attend a 12 postsecondary institution. Only those loans included as part 13 of an eligible technology worker’s financial aid package from 14 a postsecondary institution may be included in the amount of 15 qualified student debt. 16 To be eligible for the program, a technology worker must be 17 or become an Iowa resident and remain an Iowa resident for the 18 entirety of any tax year in which the technology worker seeks 19 to claim the tax credit available under the program. The bill 20 defines a “technology worker” for purposes of the bill as a 21 worker who is employed as a computer and information scientist, 22 systems analyst, computer programmer or developer, or computer 23 professional, or any skilled worker who performs any function 24 related to information technology, including the study, 25 design, development, implementation, support, or management of 26 computer-based information systems. The eligible technology 27 worker must enter into an agreement with the college student 28 aid commission. 29 The commission is required to coordinate with postsecondary 30 institutions, technology workers, eligible lenders, and the 31 department of revenue in the administration of the program. 32 Upon entering into a program agreement, the commission must 33 request information from the postsecondary institution in 34 which the technology worker was enrolled in order to verify 35 -21- LSB 1850SS (5) 85 ad/sc 21/ 24
S.F. 274 that the technology worker was enrolled at the institution 1 and to certify the amount of qualified student debt. Upon 2 receiving this information, the commission must issue a tax 3 credit certificate to an eligible technology worker. If the 4 commission is unable to verify or certify the information, the 5 agreement is terminated. 6 The technology worker may claim the repayment of qualified 7 student debt as a credit against state income taxes and may 8 carry the credit forward for up to five years. A technology 9 worker and the technology worker’s employer may receive a 10 combined maximum tax credit amount of $1,000 a year for up to 11 five years. 12 An employer may claim the portion of the credit for payments 13 made directly to eligible lenders on the technology worker’s 14 behalf to the extent that such payments are due under the terms 15 of the loan during the eligible technology worker’s period of 16 employment with that employer. The credit is not refundable 17 or transferable and may not be carried back to prior tax years 18 but may be carried forward for the earlier of five years or 19 until depleted. The credit is only available if the technology 20 worker is in compliance with the agreement entered into with 21 the college student aid commission, and is not in arrears on 22 the repayment schedule for the qualified student debt. 23 The bill provides for rulemaking by both the college 24 student aid commission and the department of revenue for the 25 administration of the program. 26 Division V of the bill applies to tax years beginning on or 27 after January 1, 2014. 28 Division VI of the bill requires the economic development 29 authority to establish and administer a broadband loan 30 program to provide low-interest loans to broadband and 31 telecommunications businesses to expand broadband access in the 32 state. 33 When determining whether to award a loan to a business, 34 the authority may consider factors specified in the bill and 35 -22- LSB 1850SS (5) 85 ad/sc 22/ 24
S.F. 274 other information the authority deems relevant. When awarding 1 financial assistance, the authority must ensure that businesses 2 seeking to expand broadband access in communities that are 3 underserved or are not served by broadband technology shall 4 receive financial assistance prior to awarding assistance to 5 businesses seeking to expand broadband access into communities 6 that have adequate service. 7 The bill provides that a loan awarded under the program to 8 any single business entity may not exceed $250,000. 9 The bill requires the authority to enter into an agreement 10 with business entities selected to receive assistance under the 11 program to ensure compliance with the program’s requirements. 12 The agreement must also set the loan period and the interest 13 rate of the loan. 14 The bill authorizes the authority to seek immediate 15 repayment or recapture of a loan awarded pursuant to the 16 program if the business entity fails to use the loan moneys 17 to expand broadband access in the state. All payments, 18 repayments, or recaptures, and interest on loans awarded under 19 the program must be remitted to the authority for deposit in 20 the broadband loan program fund. The bill authorizes the 21 authority to use its bonding power as necessary to carry out 22 the purpose of the broadband loan program. 23 The bill also establishes a broadband loan program fund 24 under the control of the authority. This fund is to be used to 25 provide low-interest loans under the broadband loan program. 26 Division VII of the bill provides a collection allowance 27 to retailers who collect and remit sales and use tax and file 28 sales and use tax returns. 29 Every retailer required to file a sales or use tax return 30 pursuant to Code section 423.31 or 423.32 is allowed to take 31 on the tax return a collection allowance in the form of a 32 credit equal to 5 percent of the tax due, not to exceed $50 per 33 retailer per calendar year. For purposes of the collection 34 allowance, an affiliated group or a retailer operating multiple 35 -23- LSB 1850SS (5) 85 ad/sc 23/ 24
S.F. 274 places of business shall be considered one retailer, regardless 1 of whether or not the retailer files a consolidated return. 2 The collection allowance does not apply to a person who files a 3 sales tax return pursuant to a direct pay tax permit authorized 4 under Code section 423.36, any tax due resulting from the 5 retailer’s own purchase or use of taxable goods or services, or 6 a return that is not timely filed or for which the tax is not 7 timely remitted. The collection allowance is also available 8 to sellers who are registered under, and who file tax returns 9 pursuant to, the streamlined sales and use tax agreement. 10 Division VII of the bill takes effect on January 1, 2014, 11 and applies to returns filed for calendar years beginning on 12 or after that date. 13 -24- LSB 1850SS (5) 85 ad/sc 24/ 24
feedback