Bill Text: IA SF2308 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to economic development by establishing an enhance Iowa board to assume the powers and duties of the vision Iowa board and additional powers and duties, establishing an enhance Iowa fund, establishing a sports tourism program and fund, making appropriations, and including transition provisions. (Formerly SSB 3094 and SF 2280.)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2308 Detail]
Download: Iowa-2015-SF2308-Enrolled.html
Senate File 2308 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SF 2280)
(SUCCESSOR TO SSB
3094)
\5
A BILL FOR
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Senate File 2308
AN ACT
RELATING TO ECONOMIC DEVELOPMENT BY ESTABLISHING AN ENHANCE
IOWA BOARD TO ASSUME THE POWERS AND DUTIES OF THE VISION
IOWA BOARD AND ADDITIONAL POWERS AND DUTIES, ESTABLISHING AN
ENHANCE IOWA FUND, ESTABLISHING A SPORTS TOURISM PROGRAM AND
FUND, AND INCLUDING TRANSITION PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ENHANCE IOWA
Section 1. Section 12.71, Code 2016, is amended by adding
the following new subsections:
NEW SUBSECTION. 11. The treasurer of state shall not issue
bonds or refunding bonds under this section after June 30,
2016.
NEW SUBSECTION. 12. This section is repealed on the date
that all bonds and refunding bonds issued pursuant to this
section are redeemed in full. The treasurer of state shall
notify the Iowa Code editor of this occurrence.
Sec. 2. Section 15F.101, subsection 2, Code 2016, is amended
to read as follows:
2. "Board" means the vision enhance Iowa board as created
in section 15F.102.
Sec. 3. Section 15F.102, Code 2016, is amended by striking
the section and inserting in lieu thereof the following:
15F.102 Enhance Iowa board.
1. An enhance Iowa board is established consisting of the
members described in subsection 2. The board is located within
the authority for administrative purposes. The director of the
authority shall provide office space, staff assistance, and
necessary supplies and equipment for the board. The director
shall budget moneys to cover the compensation and expenses
of the board. In performing its functions, the board is
performing a public function on behalf of the state and is a
public instrumentality of the state.
2. The board shall consist of the following voting members
appointed by the governor:
a. Two members from each United States congressional
district in the state as established in section 40.1.
b. Three members from the state at large.
3. a. Of the voting members appointed pursuant to
subsection 2, the governor shall appoint the following:
(1) One person selected by the board of the Iowa natural
heritage foundation.
(2) One person with professional experience in finance or
investment banking.
(3) One person with professional experience in the tourism
industry.
(4) One person with professional experience in
architecture, landscape architecture, or historic preservation.
(5) One person with professional experience in cultural
attractions and programming.
(6) Six persons actively employed in the private,
for=profit sector of the economy who have substantial expertise
in economic development.
b. The governor shall appoint the voting members pursuant to
subsection 2, subject to sections 69.16, 69.16A, and 69.16C,
and subject to confirmation by the senate.
c. The members appointed pursuant to subsection 2 shall
be appointed to two=year staggered terms and the terms shall
commence and end as provided by section 69.19. If a vacancy
occurs, a successor shall be appointed to serve the unexpired
term. A successor shall be appointed in the same manner and
subject to the same qualifications as the original appointment
to serve the unexpired term.
4. In addition to the voting members, the membership of
the board shall include four members of the general assembly
with one member designated by each of the following: the
majority leader of the senate, the minority leader of the
senate, the speaker of the house of representatives, and the
minority leader of the house of representatives. A legislative
member serves for a term as provided in section 69.16B in an ex
officio, nonvoting capacity.
5. The governor shall designate the chairperson and vice
chairperson of the board from the members appointed pursuant
to subsection 2. In the case of absence or disability of the
chairperson and vice chairperson, the members of the board
shall elect a temporary chairperson by a majority vote of those
members who are present and voting.
6. Each voting member of the board shall serve on at least
one of the three review committees referred to in sections
15F.203, 15F.304, and 15F.401A.
7. A majority of the total voting membership of the board
constitutes a quorum.
Sec. 4. Section 15F.103, Code 2016, is amended by adding the
following new subsections:
NEW SUBSECTION. 3A. Oversee the administration by the
authority of the sports tourism program pursuant to this
chapter.
NEW SUBSECTION. 3B. Oversee the administration of the river
enhancement community attraction and tourism program pursuant
to this chapter.
Sec. 5. Section 15F.104, Code 2016, is amended to read as
follows:
15F.104 Authority duties.
The authority, subject to approval by the board, shall
adopt administrative rules pursuant to chapter 17A necessary
to administer the community attraction and tourism program
and the vision Iowa program the programs established pursuant
to this chapter. The authority shall provide the board with
assistance in implementing administrative functions, marketing
the programs, providing technical assistance and application
assistance to applicants under the programs, negotiating
contracts, and providing project follow=up. The authority,
in cooperation with the treasurer of state, may conduct
negotiations on behalf of the board with applicants regarding
terms and conditions applicable to awards under the programs.
Sec. 6. NEW SECTION. 15F.107 Enhance Iowa fund.
1. a. The authority shall establish a fund pursuant to
section 15.106A, subsection 1, paragraph "o", for purposes of
allocating moneys to programs specified in an appropriation
made to the enhance Iowa fund. A fund established for purposes
of this section may be administered as a revolving fund and may
consist of any moneys appropriated by the general assembly for
purposes of this section.
b. Notwithstanding section 8.33, at the end of each fiscal
year moneys in a fund established for purposes of this section
shall not revert to any other fund but shall remain in the fund
for expenditure for subsequent fiscal years.
c. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
Repayments and recaptures of program moneys shall be credited
to the fund.
2. The authority shall submit a report to the general
assembly and the governor's office each year that moneys are
appropriated to the fund established in this section describing
the use of moneys and the results achieved under each of the
programs receiving fund moneys.
Sec. 7. Section 15F.203, subsections 1 and 2, Code 2016, are
amended to read as follows:
1. Applications for assistance under the program shall
be submitted to the authority. For those applications that
meet the eligibility criteria, the authority shall forward the
applications to the board and provide a staff review analysis
and evaluation to the community attraction and tourism program
review committee referred to in subsection 2 and to the board.
2. A review committee composed of five members of the
board shall review community attraction and tourism program
applications submitted forwarded to the board and make
recommendations regarding the applications to the board. The
review committee shall consist of members of the board listed
in, with one member from each congressional district under
section 15F.102, subsection 2, paragraphs paragraph "a" through
"c", and one member from the state at large under section
15F.102, subsection 2, paragraph "b".
Sec. 8. Section 15F.204, subsection 8, Code 2016, is amended
by striking the subsection.
Sec. 9. Section 15F.304, subsections 1 and 2, Code 2016, are
amended to read as follows:
1. Applications for assistance under the program shall
be submitted to the authority. For those applications that
meet the eligibility criteria, the authority shall forward
the applications to the board and provide a staff review and
evaluation to the vision Iowa program review committee referred
to in subsection 2 and to the board.
2. A review committee composed of eight six members of
the board shall review vision Iowa program applications and
river enhancement community attraction and tourism project
applications submitted forwarded to the board and make
recommendations regarding the applications to the board. The
review committee shall consist of members of the board listed
in, with one member from each congressional district under
section 15F.102, subsection 2, paragraphs "d" through "h"
paragraph "a", and two members from the state at large under
section 15F.102, subsection 2, paragraph "b".
Sec. 10. NEW SECTION. 15F.401 Sports tourism program.
1. a. The authority shall establish, and, at the direction
of the board, shall administer a sports tourism program
to provide financial assistance for projects that promote
sporting events for organizations of accredited colleges and
universities and other sporting events in the state.
b. For purposes of this section:
(1) "District" means a regional sports authority district
certified under section 15E.321.
(2) "Financial assistance" means assistance provided
only from the funds available to the authority or the board
and includes assistance in the form of grants, loans, and
forgivable loans.
(3) "Organization" means a corporation, conference,
association, or other organization which has as one of
its primary purposes the sponsoring or administration
of extracurricular intercollegiate athletic contests or
competitions.
c. The authority, by rule, shall define "accredited colleges
and universities", in consultation with the college student aid
commission.
2. a. A city or county in the state or a public
organization, including a convention and visitors bureau or a
district, may apply to the authority for financial assistance
for a project that actively and directly promotes sporting
events for accredited colleges and universities and other
sporting events in the area served by the city, county, or
public organization.
b. A city, county, or public organization may apply for and
receive financial assistance for more than one project.
c. A city, county, or public organization may apply for
financial assistance for a project that spans multiple fiscal
years or may apply for renewal of financial assistance awarded
in a prior year if all applicable contractual requirements are
met. The decision as to whether to renew an award shall be
at the discretion of the board. The board may adopt by rule
certain metrics and return on investment estimates for purposes
of this paragraph. The authority may include such metrics and
estimates in a program agreement executed pursuant to this
section.
d. A convention and visitors bureau may apply to the
authority for financial assistance pursuant to this section and
a district may apply to the authority for district financial
assistance, but a convention and visitors bureau shall not in
the same year receive financial assistance under the program
created in this section and financial assistance as part of a
district.
3. The authority shall process applications under this
section in accordance with this section and section 15F.401A.
4. An applicant shall demonstrate matching funds in order
to receive financial assistance pursuant to this section. The
amount of matching funds that may be required shall be at the
board's discretion.
5. The board shall make final funding decisions on
each application and may approve, deny, defer, or modify
applications for financial assistance under the program, in
its discretion, in order to fund as many projects with the
moneys available as possible. The board and the authority may
negotiate with applicants regarding the details of projects and
the amount and terms of any award. In making final funding
decisions pursuant to this subsection, the board and the
authority are exempt from chapter 17A.
6. a. A city, county, or public organization may use
financial assistance received under the program for marketing,
promotions, and infrastructure. Whether an activity or
individual cost item is directly related to the promotion
of the sporting event shall be within the discretion of the
authority.
b. All applications to the authority for financial
assistance shall be made at least ninety days prior to an
event's scheduled date. A city, county, or public organization
shall not use financial assistance received under the program
as reimbursement for completed projects.
7. An applicant receiving financial assistance shall
provide an annual report to the authority for years in which it
receives financial assistance under this section. The report
shall include the information the authority deems relevant.
8. Each applicant receiving an award of financial
assistance from the board shall enter into an agreement with
the authority. The agreement shall contain such terms and
conditions as the board may place on the award or the authority
may deem necessary for the efficient administration of the
program established in this subchapter.
9. The authority, with the approval of the board, shall
adopt rules for the administration of this subchapter.
Sec. 11. NEW SECTION. 15F.401A Sports tourism program
application review.
1. Applications for assistance under the sports tourism
program shall be submitted to the authority. For those
applications that meet the eligibility criteria, the authority
shall forward the applications to the board and provide a staff
review analysis and evaluation to the sports tourism program
review committee referred to in subsection 2 and to the board.
2. A review committee composed of five members of the board
shall review sports tourism program applications forwarded to
the board and make recommendations regarding the applications
to the authority. The review committee shall consist of
members of the board, with one member from each congressional
district under section 15F.102, subsection 2, paragraph "a",
and one member from the state at large under section 15F.102,
subsection 2, paragraph "b".
3. When reviewing the applications, the review committee
and the authority shall consider, at a minimum, all of the
following:
a. Impact of the project on the local, regional, and state
economies.
b. Potential to attract Iowans and out=of=state visitors.
c. Amount of positive advertising or media coverage the
project generates.
d. Quality, size, and scope of the project.
e. Ratio of public=to=private investment.
4. Upon review of the recommendations of the review
committee, the board shall approve, defer, or deny the
applications in accordance with section 15F.401.
Sec. 12. NEW SECTION. 15F.402 Sports tourism program fund.
1. a. The authority shall establish a fund pursuant to
section 15.106A, subsection 1, paragraph "o", for purposes
of financing sports tourism projects as described in this
subchapter. The fund established for purposes of this section
may be administered as a revolving fund and may consist of any
moneys appropriated by the general assembly for purposes of
this section.
b. Notwithstanding section 8.33, moneys in a fund
established for purposes of this section at the end of each
fiscal year shall not revert to any other fund but shall remain
in the fund for expenditure for subsequent fiscal years.
c. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
2. a. Moneys in the fund are appropriated to the
authority for purposes of providing financial assistance to
cities, counties, and public organizations under the sports
tourism program established and administered pursuant to this
subchapter.
b. The board in its discretion shall allocate the available
moneys in the fund among the programs described in paragraph "a"
in the amounts determined by the board.
DIVISION II
CONFORMING PROVISIONS
Sec. 13. Section 12.72, subsection 1, Code 2016, is amended
to read as follows:
1. A vision Iowa fund is created and established as a
separate and distinct fund in the state treasury. The moneys
in the fund are appropriated to the vision enhance Iowa
board for purposes of the vision Iowa program established in
section 15F.302. Moneys in the fund shall not be subject to
appropriation for any other purpose by the general assembly,
but shall be used only for the purposes of the vision Iowa
fund. The treasurer of state shall act as custodian of the
fund and disburse moneys contained in the fund as directed
by the vision enhance Iowa board, including automatic
disbursements of funds received pursuant to the terms of bond
indentures and documents and security provisions to trustees.
The fund shall be administered by the vision enhance Iowa
board which shall make expenditures from the fund consistent
with the purposes of the vision Iowa program without further
appropriation. An applicant under the vision Iowa program
shall not receive more than seventy=five million dollars in
financial assistance from the fund.
Sec. 14. Section 12.75, subsection 1, Code 2016, is amended
to read as follows:
1. The vision enhance Iowa board may undertake a project
for two or more applicants jointly or for any combination
of applicants, and may combine for financing purposes, with
the consent of all of the applicants which are involved, the
project and some or all future projects of any applicant, and
sections 12.71, 12.72, and 12.74, this section, and sections
12.76 and 12.77 apply to and for the benefit of the vision
enhance Iowa board and the joint applicants. However, the
money set aside in a fund or funds pledged for any series or
issue of bonds or notes shall be held for the sole benefit
of the series or issue separate and apart from money pledged
for another series or issue of bonds or notes of the treasurer
of state. To facilitate the combining of projects, bonds or
notes may be issued in series under one or more resolutions or
trust agreements and may be fully open=ended, thus providing
for the unlimited issuance of additional series, or partially
open=ended, limited as to additional series.
Sec. 15. Section 15.108, subsection 5, paragraph c, Code
2016, is amended to read as follows:
c. Coordinate and develop with the department of
transportation, the department of natural resources, the
department of cultural affairs, the vision enhance Iowa
board, other state agencies, and local and regional entities
public interpretation, marketing, and education programs that
encourage Iowans and out=of=state visitors to participate in
the recreational and leisure opportunities available in Iowa.
The authority shall establish and administer a program that
helps connect both Iowa residents and residents of other states
to new and existing Iowa experiences as a means to enhance the
economic, social, and cultural well=being of the state. The
program shall include a broad range of new opportunities, both
rural and urban, including main street destinations, green
space initiatives, and artistic and cultural attractions.
Sec. 16. Section 15E.321, Code 2016, is amended by adding
the following new subsection:
NEW SUBSECTION. 3A. Each district may apply for and
receive financial assistance under the sports tourism program
established by the authority pursuant to section 15F.401.
DIVISION III
TRANSITION PROVISIONS
Sec. 17. BOARD COOPERATION ==== TRANSITION PROVISIONS. The
economic development authority shall ensure the effective
transition of powers and duties from the vision Iowa board
to the enhance Iowa board in implementing this Act. In the
interest of maintaining the institutional knowledge possessed
by members of the vision Iowa board, it is the intent of the
general assembly that the governor should appoint at least
three but not more than seven members of the vision Iowa board
in existence on June 30, 2016, to the enhance Iowa board. The
initial members of the enhance Iowa board shall be appointed by
November 1, 2016.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2308, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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