SB 0711 | Adds provisions concerning job creation and fiscal accountability for economic development programs |
Sponsor: | Goode | |||
LR Number: | 3188S.02I | Fiscal Note: | 3188-02 | |
Committee: | Ways and Means | |||
Last Action: | 03/09/04 - Hearing Conducted S Ways & Means Committee | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 2004 | |||
SB 711 - This act implement various provisions for job creation and fiscal accountability. A section by section summary follows:
SECTION 620.1650 - Definitions
SECTION 620.1566 - An interagency task force (defined) must submit a report to the General Assembly are report within three weeks of the start of session. The report must include:
(1) Uncollected revenue from every tax credit, abatement, exemption and reduction provided by the state or a local government;
(2) The name of any taxpayer who claimed such tax break over $5,000;
(3) An aggregate summary of tax breaks that were less than $5,000;
(4) All state appropriated expenditures for economic development, including departmental budgets.
SECTION 620.1660 - The act requires an annual report to the Department of Revenue (DOR) from each property taxing entity in the state that has property that has received any kind of property tax abatement or reduction. The report will detail the property at issue and the amount of the tax break.
The act requires municipalities that collect sales and other economic activity taxes to submit an annual report to the DOR that details the amount of money deposited in a special allocation fund for the purposes of tax increment financing (includes sales and other economic activity taxes as well as payments in lieu of tax).
All of the above reports collected by the DOR will be published annually. Failure to submit a report after a three month warning and then an additional five month period will result in withholding of any future development subsidy to the delinquent political subdivision until the report is filed.
SECTION 620.1655 - When requesting a development study a granting body will complete an application for the subsidy which will include certain basic information plus the following highlights:
(1) The number of individuals employed by the applicant at the project site and at the applicant's parent corporation's site;
(2) The subsidies being applied for and their respective values;
(3) The number of new jobs to be created;
(4) A list of community economic benefits to result from the project;
(5) A list of development subsidies already received and any public investments already made or to be made;
(6) A statement of whether the development will reduce or reassign employment as a result of any restructuring of the parent company; and
(7) A certification by the chief officer of the applicant as to the accuracy of the application.
If the granting body approves the application it will submit the application to the DOR.
SECTION 620.1670 - The granting body will submit a progress report with the DOR annually. The report will contain basic information plus follow up information to compare the predictions from the above application with the actual results from being provided the development subsidy. The details of this report are enumerated in the act.
Granting bodes and the recipient corporations shall file annual progress reports for the duration of the subsidy, but at least for five years.
SECTION 620.1675 - A granting body shall not award a development subsidy if the cost per job is greater than $35,000.
SECTION 620.1680 - On the two year anniversary of the project the granting body shall file a report wherein it shall indicate whether the corporate parent has maintained ninety percent of its employment in the state.
The act requires that the recipient corporation fulfill its job creation and wage requirements for the project site within two years of the subsidy and maintain such goal for the duration of the subsidy, but at least for five years. The corporate parent must maintain at least ninety percent of its employment in the state as long as the development subsidy is in effect, but for at least five years.
Failure to meet these requirements will cause the granting body to recapture a portion of the development subsidy. Failure to meet the above employment requirements for three consecutive years will result in loss of the subsidy. After losing the subsidy, the recipient corporation will refund all remaining value of the subsidy to the granting body.
SECTION 620.1690 - Enforcement of the provisions of this act will
be available to any income taxpayer or organization representing
taxpayers in the state. Attorney's fees are granted to such
prevailing plaintiff.
JEFF CRAVER