Bill Text: IA SF161 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to economic development by making changes to the administration of the save our small businesses fund and program and including effective date provisions. (See SF 301.)

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF161 Detail]

Download: Iowa-2011-SF161-Introduced.html
Senate File 161 - Introduced SENATE FILE 161 BY SODDERS , DOTZLER , HATCH , BOWMAN , RIELLY , HORN , KIBBIE , GRONSTAL , DANDEKAR , WILHELM , SCHOENJAHN , BLACK , and COURTNEY A BILL FOR An Act relating to economic development by making changes to 1 the administration of the save our small businesses fund and 2 program and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1735XS (10) 84 tw/sc
S.F. 161 Section 1. Section 15.301, subsection 1, paragraph c, Code 1 2011, is amended to read as follows: 2 c. (1) If, on March 31, 2011 2013 , there are unobligated 3 moneys in the fund, such unobligated moneys shall revert to the 4 general fund of the state. 5 (2) For each quarter, beginning with the first quarter after 6 the reversion of moneys pursuant to subparagraph (1) and ending 7 with the last quarter prior to the reversion of moneys pursuant 8 to subparagraph (3), the department shall, on the last day of 9 the quarter, transfer to the general fund of the state the 10 balance of unencumbered moneys in the fund. 11 (3) On March 31, 2016 2018 , all moneys in the fund shall 12 revert to the general fund of the state. 13 Sec. 2. Section 15.301, subsection 2, paragraph a, Code 14 2011, is amended to read as follows: 15 a. The department shall establish and administer a program 16 for purposes of providing financial assistance to eligible 17 small businesses. For purposes of this section , “financial 18 assistance” means loans at an interest rate not to exceed three 19 and nine-tenths percent per annum and “eligible small business” 20 means a small business meeting the requirements of subsection 21 3 . In administering the program, the department may negotiate 22 the terms on which the financial assistance is provided and may 23 include such terms in the loan agreements as are best designed 24 to effectuate the program’s goals. Such terms may provide for 25 up to six months of interest-free financing. 26 Sec. 3. Section 15.301, subsection 2, paragraph e, Code 27 2011, is amended to read as follows: 28 e. The department, under the terms of an agreement with 29 the an organization designated pursuant to paragraph “b” , 30 shall begin to provide financial assistance from the fund not 31 later than August 1, 2010, and shall to the extent practicable 32 obligate all available moneys in the fund prior to March 31, 33 2011 2013 . 34 Sec. 4. Section 15.301, subsection 3, paragraph d, Code 35 -1- LSB 1735XS (10) 84 tw/sc 1/ 3
S.F. 161 2011, is amended to read as follows: 1 d. The business has a business plan and has received 2 assistance in the development stage or the expansion stage from 3 a one of the following: 4 (1) A small business development center or from a . 5 (2) A qualified public or nonprofit small business 6 consultant as defined by the department. 7 (3) A bank, credit union, or extension office deemed 8 capable of administering the provisions of this section by the 9 department. 10 Sec. 5. Section 15.301, subsection 5, paragraph c, Code 11 2011, is amended to read as follows: 12 c. (1) An eligible business that receives financial 13 assistance under this section shall not use such financial 14 assistance for purposes of meeting payroll obligations to 15 employees. However, the department may authorize an eligible 16 business to use not more than twenty-five percent of the loan 17 proceeds for purposes of meeting certain eligible operational 18 expenses. 19 (2) The department shall by rule determine what expenses 20 qualify as eligible operational expenses. In making such a 21 determination, the department shall consider factors such as 22 the availability and sufficiency of collateral, operational 23 cash flow, credit history, and adequacy of insurance coverage. 24 Sec. 6. 2010 Iowa Acts, chapter 1184, section 43, is amended 25 to read as follows: 26 SEC. 43. SAVE OUR SMALL BUSINESSES FUND APPROPRIATION. 27 There is appropriated from the school infrastructure fund 28 created in section 12.82 to the department of economic 29 development for deposit in the save our small businesses fund 30 for the fiscal year beginning July 1, 2010, and ending June 30, 31 2011, the following amount, or so much thereof as is necessary, 32 to be used for the purposes designated: 33 For purposes of providing financial assistance under the 34 save our small businesses program under section 15.301 : 35 -2- LSB 1735XS (10) 84 tw/sc 2/ 3
S.F. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 1 Of the moneys appropriated pursuant to this section, the 2 department may allocate an amount not to exceed two percent of 3 the moneys appropriated for purposes of retaining the services 4 of an organization designated pursuant to section 15.301, 5 subsection 2 , paragraph “b”. 6 Of the moneys appropriated pursuant to this section, the 7 department may allocate not more than $25,000 for purposes of 8 marketing the save our small businesses program. 9 Notwithstanding section 8.33, moneys appropriated in this 10 section that remain unencumbered or unobligated at the close of 11 the fiscal year shall not revert but shall remain available for 12 expenditure for the purposes designated. 13 Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 14 immediate importance, takes effect upon enactment. 15 EXPLANATION 16 This bill relates to the administration of the save our 17 small businesses fund and program by the department of economic 18 development. 19 The bill extends by two years the time period during which 20 the department must obligate the funds available under the 21 program, allows the department to negotiate the terms on which 22 financial assistance is provided, directs the department to 23 accept business plans from banks, credit unions, and extension 24 offices, allows the department to authorize up to 25 percent of 25 the loan proceeds for certain operational expenses, and allows 26 the department to use up to $25,000 of the moneys in the fund 27 for purposes of marketing the program. 28 Since the program has a statutorily defined schedule of 29 reversions to the general fund, the bill amends 2010 Iowa Acts 30 chapter 1184 to notwithstand the reversion of programs moneys 31 to the general fund at the close of the fiscal year pursuant to 32 Code section 8.33. 33 The bill takes effect upon enactment. 34 -3- LSB 1735XS (10) 84 tw/sc 3/ 3
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