15.108 - PRIMARY RESPONSIBILITIES.
15.108 PRIMARY RESPONSIBILITIES.
The department has the following areas of primary responsibility:
1. Finance. To provide for financial assistance to
businesses, local governments, and educational institutions through
loans and grants of state and federal funds to enable them to promote
and achieve economic development within the state. To carry out this
responsibility, the department shall:
a. Expend federal funds received as community development
block grants as provided in section 8.41.
b. Provide staff assistance to the corporation formed under
authority of sections 15E.11 to 15E.16 to receive and disburse funds
to further the overall development and well-being of the state.
2. Marketing. To coordinate, develop, and make available
technical services on the state and local levels in order to aid
businesses in their start-up or expansion in the state. To carry out
this responsibility, the department shall:
a. Establish within the department a federal procurement
office staffed with individuals experienced in marketing to federal
agencies.
b. Aid in the marketing and promotion of Iowa products and
services. The department may adopt, subject to the approval of the
board, a label or trademark identifying Iowa products and services
together with any other appropriate design or inscription and this
label or trademark shall be registered in the office of the secretary
of state. In authorizing the use of a marketing label or trademark
to an applicant, the state, and any state agency, official, or
employee involved in the authorization, is immune from a civil suit
for damages, including but not limited to a suit based on contract,
breach of warranty, negligence, strict liability, or tort.
Authorization of the use of a marketing label or trademark by the
state, or any state agency, official, or employee, is not an express
or implied guarantee or warranty concerning the safety, fitness,
merchantability, or use of the applicant's product or service. This
paragraph does not create a duty of care to the applicant or any
other person.
(1) The department may register or file the label or trademark
under the laws of the United States or any foreign country which
permits registration, making the registration as an association or
through an individual for the use and benefit of the department.
(2) The department shall establish guidelines for granting
authority to use the label or trademark to persons or firms who make
a satisfactory showing to the department that the product or service
meets the guidelines as manufactured, processed, or originating in
Iowa. The trademark or label use shall be registered with the
department.
(3) A person shall not use the label or trademark or advertise
it, or attach it on any promotional literature, manufactured article
or agricultural product without the approval of the department.
(4) The department may deny permission to use the label or
trademark if the department believes that the planned use would
adversely affect the use of the label or trademark as a marketing
tool for Iowa products or its use would be inconsistent with the
marketing objectives of the department. Notwithstanding chapter 17A,
the Iowa administrative procedure Act, the department may suspend
permission to use the label or trademark prior to an evidentiary
hearing which shall be held within a reasonable period of time
following the denial.
c. Promote an import substitution program to encourage the
purchase of domestically produced Iowa goods by identifying and
inventorying potential purchasers and the firms that can supply them,
contacting the suppliers to determine their interest and ability in
meeting the potential demand, and making the buyers aware of the
potential suppliers.
d. Aid in the promotion and development of the agricultural
processing industry in the state.
3. Local government and service coordination. To coordinate
the development of state and local government economic
development-related programs in order to promote efficient and
economic use of federal, state, local, and private resources.
a. To carry out this responsibility, the department shall:
(1) Provide the mechanisms to promote and facilitate the
coordination of management and technical assistance services to Iowa
businesses and industries and to communities by the department, by
the community colleges, and by the state board of regents
institutions, including the small business development centers, the
center for industrial research and service, and extension activities.
In order to achieve this goal, the department may establish periodic
meetings with representatives from the community colleges and the
state board of regents institutions to develop this coordination.
The community colleges and the state board of regents institutions
shall cooperate with the department in seeking to avoid duplication
of economic development services through greater coordinating efforts
in the utilization of space, personnel, and materials and in the
development of referral and outreach networks. The department shall
also establish a registry of applications for federal funds related
to management and technical assistance programs.
(2) Provide office space and staff assistance to the city
development board as provided in section 368.9.
(3) Provide technical and financial assistance to local and
regional government organizations in Iowa, analyze intergovernmental
relations in Iowa, and recommend policies to state agencies, local
governments, the governor, and the general assembly as these pertain
to economic development.
(4) Train field experts in local development and through them
provide continuing support to small local organizations.
(5) Encourage cities, counties, local and regional government
organizations, and local and regional economic development
organizations to develop and implement comprehensive community and
economic development plans. In evaluating financial assistance
applications, the department shall award supplementary credit to
applications submitted by cities, counties, local and regional
government organizations, and local and regional economic development
organizations that have developed a comprehensive community and
economic development plan.
b. In addition to the duties specified in paragraph "a",
the department may:
(1) Perform state and interstate comprehensive planning and
related activities.
(2) Perform planning for metropolitan or regional areas or areas
of rapid urbanization including interstate areas.
(3) Provide planning assistance to cities, counties, local and
regional government organizations, and local and regional economic
development organizations. Subject to the availability of funds for
this purpose, the department may provide financial assistance to
cities, counties, local and regional government organizations, and
local and regional economic development organizations for the purpose
of developing community and economic development plans.
(4) Assist public or private universities and colleges and urban
centers to:
(a) Organize, initiate, develop, and expand programs which will
provide special training in skills needed for economic and efficient
community development.
(b) Support state and local research that is needed in connection
with community development.
4. Exporting. To promote and aid in the marketing and sale
of Iowa industrial and agricultural products and services outside of
the state. To carry out this responsibility, the department shall:
a. Perform the duties and activities specified for the
agricultural marketing program under sections 15.201 and 15.202.
b. To the extent deemed feasible and in coordination with the
board of regents and the area community colleges, work to establish a
conversational foreign language training program.
c. To the extent deemed feasible, promote and assist in the
creation of one or more international currency and barter exchanges.
d. Seek assistance and advice from the export advisory board
appointed by the governor and the Iowa district export council which
advises the United States department of commerce. The governor is
authorized to appoint an export advisory board.
e. To the extent deemed feasible, develop a program in which
graduates of Iowa institutions of higher education or former
residents of the state who are residing in foreign countries and who
are familiar with the language and customs of those countries are
utilized as cultural advisors for the department and for Iowa
businesses participating in trade missions and other foreign trade
activities, and in which foreign students studying at Iowa
institutions of higher education are provided means to establish
contact with Iowa businesses engaged in export activities, and in
which foreign students returning to their home countries are used as
contacts for trading purposes.
5. Tourism. To promote Iowa's public and private recreation
and tourism opportunities to Iowans and out-of-state visitors and aid
promotional and development efforts by local governments and the
private sector. To carry out this responsibility, the department
shall:
a. Build general public consensus and support for Iowa's
public and private recreation, tourism, and leisure opportunities and
needs.
b. Recommend high quality site management and maintenance
standards for all public and private recreation and tourism
opportunities.
c. Coordinate and develop with the department of
transportation, the department of natural resources, the department
of cultural affairs, the generation Iowa commission, the vision 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 department 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.
d. Coordinate with other divisions of the department to add
Iowa's recreation, tourism, and leisure resources to the agricultural
and other images which characterize the state on a national level.
e. Consolidate and coordinate the many existing sources of
information about local, regional, statewide, and national
opportunities into a comprehensive, state-of-the-art information
delivery system for Iowans and out-of-state visitors.
f. Formulate and direct marketing and promotion programs to
specific out-of-state market populations exhibiting the highest
potential for consuming Iowa's public and private tourism products.
g. Provide ongoing long-range planning on a statewide basis
for improvements in Iowa's public and private tourism opportunities.
h. Provide the private sector and local communities with
advisory services including analysis of existing resources and
deficiencies, general development and financial planning, marketing
guidance, hospitality training, and others.
i. Measure the change in public opinion of Iowans regarding
the importance of recreation, tourism, and leisure.
j. Provide annual monitoring of tourism visitation by Iowans
and out-of-state visitors to Iowa attractions, public and private
employment levels, and other economic indicators of the recreation
and tourism industry and report predictable trends.
k. Identify new business investment opportunities for private
enterprise in the recreation and tourism industry.
l. Cooperate with and seek assistance from the state
department of cultural affairs.
m. Seek coordination with and assistance from the state
department of natural resources in regard to the Mississippi river
parkway under chapter 308 for the purposes of furthering tourism
efforts.
n. Collect, assemble, and publish a list of farmers who have
agreed to host overnight guests, for purposes of promoting
agriculture in the state and farm tourism, to the extent that funds
are available.
o. Establish a revolving fund to receive contributions to be
used for cooperative advertising efforts. Fees and royalties
obtained as a result of licensing the use of logos and other creative
materials for sale by private vendors on selected products may be
deposited in the fund. The department shall adopt by rule a schedule
for fees and royalties to be charged.
p. Establish, if the department deems necessary, a revolving
fund to receive contributions and funds from the product sales center
to be used for start-up or expansion of tourism special events,
fairs, and festivals as established by department rule.
6. Employee training and retraining. To develop employee
training and retraining strategies in coordination with the
department of education and department of workforce development as
tools for business development, business expansion, and enhanced
competitiveness of Iowa industry, which will promote economic growth
and the creation of new job opportunities and to administer related
programs. To carry out this responsibility, the department shall:
a. Coordinate and perform the duties specified under the Iowa
industrial new jobs training Act in chapter 260E, the Iowa jobs
training Act in chapter 260F, and the workforce development fund in
section 15.341.
b. In performing the duties set out in paragraph "a", the
department shall:
(1) Work closely with representatives of business and industry,
labor organizations, the department of education, the department of
workforce development, and educational institutions to determine the
employee training needs of Iowa employers, and where possible,
provide for the development of industry-specific training programs.
(2) Promote Iowa employee training programs to potential and
existing Iowa employers and to employer associations.
(3) Stimulate the creation of innovative employee training and
skills development activities, including business consortium and
supplier network training programs, and new employee development
training models.
(4) Coordinate employee training activities with other economic
development finance programs to stimulate job growth.
(5) Review workforce development initiatives as they relate to
the state's economic development agenda, recommending action as
necessary to meet the needs of Iowa's communities and businesses.
(6) Incorporate workforce development as a component of
community-based economic development activities.
7. Small business. To provide assistance to small business,
targeted small business, microenterprises, and entrepreneurs creating
small businesses to ensure continued viability and growth. To carry
out this responsibility, the department shall:
a. Receive and review complaints from individual small
businesses that relate to rules or decisions of state agencies, and
refer questions and complaints to a governmental agency where
appropriate.
b. Establish and administer the regulatory information
service provided for in section 15E.17.
c. Aid for the development and implementation of the Iowa
targeted small business procurement Act established in sections 73.15
through 73.21 and the targeted small business financial assistance
program established in section 15.247.
(1) (a) By December 1 of each year, the department of
administrative services shall file a written report with the
department of economic development regarding the Iowa targeted small
business procurement Act activities during the previous fiscal year.
At a minimum, the report shall include a summary of all activities
undertaken by the department of administrative services in an effort
to maximize the utilization of the targeted small business
procurement Act.
(b) By December 1 of each year, the department of inspections and
appeals shall file a written report with the department of economic
development regarding certifications of targeted small businesses.
At a minimum, the report shall include the number of certified
targeted small businesses for the previous year and the increase or
decrease in that number during the previous fiscal year compared to
the prior fiscal year, the number of targeted small businesses that
have been decertified over the previous fiscal year, and a summary of
all activities undertaken by the department of inspections and
appeals regarding targeted small business certification.
(c) By December 1 of each year, the department of economic
development shall compile an internal report regarding the targeted
small business financial assistance program. At a minimum, the
report shall contain the number of loans, loan guarantees, and grants
distributed during the previous fiscal year, the individual amounts
provided to targeted small businesses during the previous fiscal
year, and how many financial assistance awards to targeted small
businesses were the subject of repayment or collection activity
during the previous fiscal year.
(d) By December 1 of each year, the targeted small business
marketing and compliance manager of the department of economic
development shall compile a list of the procurement goals established
pursuant to section 73.16, subsection 2, and the performance of each
agency in meeting the goals. The compilation of the performance of
each agency shall be based upon the reports required to be filed
under section 73.16, subsection 2.
(e) By January 15 of each year, the department of economic
development shall submit to the governor and the general assembly a
compilation of reports required under this subparagraph.
(2) The director, with cooperation from the other state agencies,
shall publicize the procurement goal program established in sections
73.15 through 73.21 to targeted small businesses and to agencies of
state government, attempt to locate targeted small businesses able to
perform contracts, and encourage program participation. The director
may request the cooperation of the department of administrative
services, the state department of transportation, the state board of
regents, or any other agency of state government in publicizing this
program.
(3) The director, in conjunction with other state agencies, shall
publicize the financial assistance program established in section
15.247 to targeted small businesses.
(4) When the director determines, or is notified by the head of
another agency of state government, that a targeted small business is
unable to perform a procurement contract, the director shall assist
the small business in attempting to remedy the causes of the
inability to perform. In assisting the small business, the director
may use any management or financial assistance programs available
through state or governmental agencies or private sources.
(5) The department of economic development shall establish
targeted small business advocate service providers for purposes of
providing mentoring, outreach, and professional development services
to targeted small businesses certified pursuant to section 10A.104.
Targeted small business advocate service providers shall be
established through a request for proposals process. Entities
eligible to bid under the request for proposals process shall include
but not be limited to a business accelerator, a small business
development center, or any organization that provides mentoring,
outreach, and professional development services to businesses. A
person serving on or staffing a governor's task force on targeted
small businesses during calendar year 2006 shall not be eligible to
be part of a bid under the request for proposals process until after
July 1, 2009. A person serving on or staffing a governor's targeted
small business advisory council shall not be eligible to be part of a
bid under the request for proposals process until three years
following the termination of service or staffing the advisory
council. The advice and services provided by providers shall extend
to all areas of business management in its practical application,
including but not limited to accounting, engineering, drafting, grant
writing, obtaining financing, locating bond markets, market analysis,
and projections of profit and loss.
d. If determined necessary by the board, provide training for
bank loan officers to increase their level of expertise in regard to
business loans.
e. To the extent feasible, cooperate with the department of
workforce development to establish a program to educate existing
employers and new or potential employers on the rates and workings of
the state unemployment compensation program and the state workers'
compensation program.
f. Study the feasibility of reducing the total number of
state licenses, permits, and certificates required to conduct small
businesses.
g. Encourage and assist small businesses to obtain state
contracts and subcontracts by cooperating with the directors of
purchasing in the department of administrative services, the state
board of regents, and the state department of transportation in
performing the following functions:
(1) Developing a uniform small business vendor application form
which can be adopted by all agencies and departments of state
government to identify small businesses and targeted small businesses
which desire to sell goods and services to the state. This form
shall also contain information which can be used to determine
certification as a targeted small business pursuant to section
10A.104, subsection 8.
(2) Compiling and maintaining a comprehensive source list of
small businesses.
(3) Assuring that responsible small businesses are solicited on
each suitable purchase.
(4) Assisting small businesses in complying with the procedures
for bidding and negotiating for contracts.
(5) Simplifying procurement specifications and terms in order to
increase the opportunities for small business participation.
(6) When economically feasible, dividing total purchases into
tasks or quantities to permit maximum small business participation.
(7) Preparing timely forecasts of repetitive contracting
requirements by dollar volume and types of contracts to enhance the
participation of responsible small businesses in the public
purchasing process.
(8) Developing a mechanism to measure and monitor the amount of
participation by small businesses in state procurement.
h. In addition, the department shall provide assistance to a
small business advisory council which shall consist of nine members
appointed as follows:
(1) Not more than five of the members shall be from the same
political party. The governor shall appoint the members of the
advisory council to four-year terms beginning and ending as provided
by section 69.19, subject to confirmation by the senate. Two-thirds
of the membership of the advisory council shall consist of
individuals who own and operate a small business or individuals
employed in the management of a small business.
(2) A vacancy on the advisory council shall be filled in the same
manner as regular appointments are made for the unexpired portion of
the regular term.
(3) The advisory council shall meet in May of each year for the
purpose of electing one of its members as chairperson and one of its
members as vice chairperson. However, the chairperson and vice
chairperson shall not be from the same political party. The advisory
council shall meet at least quarterly.
(4) Members of the advisory council shall be allowed their actual
and necessary expenses incurred in the performance of their duties.
All expenses shall be paid from appropriations to the department for
those purposes.
(5) The duties of the advisory council may include but shall not
be limited to the following:
(a) Advise and consult with the board with respect to matters
which are of concern to small business.
(b) Submit recommendations to the board relating to actual or
proposed activities concerning small business.
(c) Submit recommendations for legislative or administrative
action.
(d) Review and monitor small business programs and agencies in
order to determine their effectiveness and whether they complement or
compete with each other, and to coordinate the delivery of programs
and services aimed at small businesses.
(e) Initiate small business studies as deemed necessary.
(f) Provide other information or perform other duties which would
be of assistance to small business.
8. Case management. To provide case management assistance to
low-income persons for the purpose of establishing or expanding small
business ventures as provided in section 15.246.
9. Miscellaneous. To provide other necessary services, the
department shall:
a. Collect and assemble, or cause to have collected and
assembled, all pertinent information available regarding the
industrial, agricultural, and public and private recreation and
tourism opportunities and possibilities of the state of Iowa,
including raw materials and products that may be produced from them;
power and water resources; transportation facilities; available
markets; the banking and financing facilities; the availability of
industrial sites; the advantages of the state as a whole, and the
particular sections of the state, as industrial locations; the
development of a grain alcohol motor fuel industry and its related
products; and other fields of research and study as the board deems
necessary. This information, as far as possible, shall consider both
the encouragement of new industrial enterprises in the state and the
expansion of industries now existing within the state, and allied
fields to those industries. The information shall also consider the
changing composition of the Iowa family and the level of poverty
among different age groups and different family structures in Iowa
society and their impact on Iowa families.
b. Apply for, receive, contract for, and expend federal funds
and grants and funds and grants from other sources.
c. Except as otherwise provided in sections 8A.110, 260C.14,
and 262.9, provide that an inventor whose research is funded in whole
or in part by the state shall assign to the state a proportionate
part of the inventor's rights to a letter patent resulting from that
research. Royalties or earnings derived from a letter patent shall
be paid to the treasurer of state and credited by the treasurer to
the general fund of the state. However, the department in
conjunction with other state agencies, including the board of
regents, shall provide incentives to inventors whose research is
funded in whole or in part by the state for having their products
produced in the state. These incentives may include taking a smaller
portion of the inventor's royalties or earnings than would otherwise
occur under this paragraph or other provisions of the law.
d. Administer or oversee federal rural economic development
programs in the state.
e. At the director's discretion, accept payment by credit
card of any fees, interest, penalties, subscriptions, registrations,
purchases, or other payments, or any portion of such payments, which
are due or collected by the department. The department may adjust
the amount of the payment to reflect the costs of processing the
payment as determined by the treasurer of state and the payment by
credit card shall include, in addition to all other charges, any
discount charged by the credit card issuer.
f. Provide technical assistance to individuals who are
pursuing the purchase and operation of employee-owned businesses.
10. Economic development planning and research activities.
To provide leadership and support for economic and community
development activities statewide. To carry out this responsibility,
the department may establish a research center for economic
development programs and services whose duties may include but are
not limited to the following:
a. Implementation of a comprehensive statewide economic
development planning process and provision of leadership,
coordination, and support to regional and local economic and
community planning efforts.
b. Coordination of the delivery of economic and community
development programs with other local, regional, state, federal, and
private sector programs and activities.
c. Collection and analysis of data and information,
development of databases and performing research to keep abreast of
Iowa's present economic base, changing market demands, and emerging
trends, including identification of targeted markets and development
of marketing strategies.
d. Provision of access to databases to facilitate sales and
exports by Iowa businesses.
e. Establishment of a database of community and economic
information to aid local, regional, and statewide economic
development and service delivery efforts.
11. Housing development.
a. To provide assistance to local governments, housing
organizations, economic development groups, and other local entities
to increase the development of housing in the state and to improve
the quality of existing housing in order to maximize the effects of
other economic development efforts.
b. To carry out this responsibility, the department shall:
(1) Provide housing needs assessments.
(2) Provide a one-stop source, in coordination with other
agencies of the state, for housing development assistance.
(3) Establish programs which assist communities or local entities
in developing housing to meet a range of community needs, including
programs to assist homeless shelter operations and programs to assist
in the development of housing to enhance economic development
opportunities in the community. Section History: Recent Form
86 Acts, ch 1142, §1; 86 Acts, ch 1238, §44; 86 Acts, ch 1245,
§808; 87 Acts, ch 101, §2; 87 Acts, ch 106, §1; 88 Acts, ch 1098, §1;
88 Acts, ch 1273, §6--8; 89 Acts, ch 196, §1; 89 Acts, ch 209, §1; 89
Acts, ch 258, §12; 90 Acts, ch 1047, §1; 90 Acts, ch 1140, §1; 90
Acts, ch 1156, §3; 90 Acts, ch 1255, §2; 91 Acts, ch 28, §1; 91 Acts,
ch 109, §1; 92 Acts, ch 1089, § 1; 92 Acts, ch 1244, § 11; 93 Acts,
ch 167, §9; 93 Acts, ch 180, §34, 35; 94 Acts, ch 1023, §4; 94 Acts,
ch 1199, §16; 96 Acts, ch 1186, §1--4, 23; 97 Acts, ch 15, §1, 2; 97
Acts, ch 214, §1; 98 Acts, ch 1175, §1, 2; 99 Acts, ch 197, §20, 23;
2001 Acts, ch 61, §2--5; 2003 Acts, ch 44, §9; 2003 Acts, ch 71, §1;
2003 Acts, ch 145, §138, 286; 2003 Acts, 1st Ex, ch 1, §76, 133
[2003 Acts, 1st Ex, ch 1, § 76, 133, amendment adding new
paragraph g to subsection 9, stricken pursuant to Rants v.
Vilsack, 684 N.W.2d 193]
2006 Acts, ch 1100, §1; 2007 Acts, ch 126, §5; 2007 Acts, ch 207,
§6, 18; 2008 Acts, ch 1122, §4, 7--9; 2008 Acts, ch 1178, § 2
Referred to in § 8A.111, 15.104, 19B.7, 73.20, 455B.199B
Confirmation, see §2.32