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Text: HF00435                           Text: HF00437
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House File 436

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15F.1  MULTISTATE INDUSTRIAL
  1  2 RETENTION COMMISSION COMPACT.
  1  3    The interstate compact to establish a multistate industrial
  1  4 retention commission is enacted into law and entered into with
  1  5 all other states which legally join in the compact in substan-
  1  6 tially the following form:  
  1  7          INTERSTATE COMPACT TO ESTABLISH AN INDUSTRIAL
  1  8                      RETENTION COMMISSION
  1  9                      ARTICLE I &endash; PURPOSE
  1 10    It is the purpose of this compact to establish the multi-
  1 11 state industrial retention commission.  The commission shall
  1 12 provide information, analysis, and recommendations to concur-
  1 13 ring states which will assist them in making informed
  1 14 decisions when they act in their roles as market participants
  1 15 to prevent the harm caused to the welfare of their citizens by
  1 16 detrimental net relocations of employment associated with
  1 17 significant transfers or terminations of operations of
  1 18 establishments in those states.  
  1 19                    ARTICLE II &endash; DEFINITIONS
  1 20    As used in this compact:
  1 21    a.  "Affiliate" means any entity which has a relationship
  1 22 with an employer in which the entity, directly or indirectly,
  1 23 is controlled by or controls the employer.
  1 24    b.  "Agency" means a state and any of its
  1 25 instrumentalities, including any of its agencies or political
  1 26 subdivisions and any authorities created by the legislature of
  1 27 the state.
  1 28    c.  "Commission" means the multistate industrial retention
  1 29 commission established pursuant to this compact.
  1 30    d.  "Commissioner" means a member appointed to the
  1 31 commission pursuant to this compact.
  1 32    e.  "Concurring state" means any state which enacts
  1 33 legislation which concurs with this legislation.
  1 34    f.  "Contract" means any agreement between an agency and a
  1 35 contractor under which the contractor furnishes goods or
  2  1 services to the agency, except for a contract under which the
  2  2 goods or services are paid for by the United States.
  2  3    g.  "Contractor" means any employer who enters into a
  2  4 contract with an agency.
  2  5    h.  "Economic development assistance" means any economic
  2  6 development assistance provided to an employer by an agency,
  2  7 including, but not limited to, direct grants, including job
  2  8 training grants, and subsidized financing, except that
  2  9 "economic development assistance" does not include any
  2 10 assistance which is financed by funds provided by the United
  2 11 States.
  2 12    i.  "Employer" means an individual or private business
  2 13 entity which employs the workforce at an establishment and
  2 14 includes all affiliates of the employer.
  2 15    j.  "Establishment" means a single place of employment
  2 16 operated by an employer, but does not include a temporary
  2 17 construction site.
  2 18    k.  "Significant transfer or termination of operations"
  2 19 means a termination of operations or transfer of operations
  2 20 which results, during any continuous period of not more than
  2 21 one hundred eighty days, in the termination of employment of
  2 22 fifty or more employees.
  2 23    l.  "Termination of employment" means the layoff of an
  2 24 employee without a commitment to reinstate the employee to the
  2 25 employee's previous employment within six months of the
  2 26 layoff, except that "termination of employment" does not mean
  2 27 any layoff of a construction worker upon the completion of a
  2 28 construction project or any layoff of a seasonal employee or
  2 29 refer to any situation in which an employer offers to an
  2 30 employee, at a location not more than thirty miles from the
  2 31 previous place of employment, the same employment or a
  2 32 position with equivalent status, benefits, pay, and other
  2 33 terms and conditions of employment.
  2 34    m.  "Termination of operations" means the permanent
  2 35 termination of all or a portion of the operations conducted in
  3  1 an establishment, except for a termination of operations made
  3  2 necessary because of a court order, fire, flood, natural
  3  3 disaster, national emergency, act of war, civil disorder, or
  3  4 industrial sabotage.
  3  5    n.  "Transfer of operations" means the transfer of all or a
  3  6 portion of the operations conducted in an establishment to
  3  7 another location, inside or outside of the state where the
  3  8 establishment is located.  
  3  9    ARTICLE III &endash; COMMISSION &endash; ORGANIZATION AND MANAGEMENT
  3 10    a.  There is hereby created, as an agency and
  3 11 instrumentality of the concurring states, the multistate
  3 12 industrial retention commission, a body politic and corporate.
  3 13 The commission shall have all of the powers and duties set
  3 14 forth in this compact and any additional powers and duties as
  3 15 are conferred upon it by subsequent action of the legislatures
  3 16 of all of the concurring states.
  3 17    b.  The commission shall consist of one commissioner from
  3 18 each concurring state who shall be appointed, and shall serve,
  3 19 in the manner determined by the legislature of that state.
  3 20 Each commissioner shall not receive compensation from the
  3 21 commission but may be reimbursed for necessary expenses
  3 22 incurred in and incident to the performance of the duties of
  3 23 the commissioner.
  3 24    c.  The commission shall provide for its own organization,
  3 25 administration, and procedures and shall adopt rules and
  3 26 regulations governing its meetings and transactions.  It shall
  3 27 first organize itself upon the enactment of concurring
  3 28 legislation by not less than five states and upon the
  3 29 appointment of a commissioner from each of those states, and
  3 30 shall subsequently organize itself annually.  In organizing
  3 31 itself, the commission shall elect a chairperson and vice-
  3 32 chairperson from among its commissioners and appoint an
  3 33 executive director who shall serve as its secretary and chief
  3 34 executive officer.
  3 35    d.  Each commissioner shall be entitled to one vote on all
  4  1 matters which may come before the commission except as
  4  2 otherwise provided pursuant to this compact.  No
  4  3 determination, decision, or action of the commission shall be
  4  4 made or taken unless a majority of the commissioners votes in
  4  5 favor of the action.  
  4  6          ARTICLE IV &endash; POWERS AND DUTIES OF COMMISSION
  4  7    a.  OPERATING POWERS AND RULES.  The commission shall have
  4  8 the power to:
  4  9    1.  Sue and be sued in a court of competent jurisdiction;
  4 10    2.  Adopt and have a seal;
  4 11    3.  Provide for the hiring, organization, and
  4 12 administration of a commission staff and retain and employ
  4 13 counsel, and fix and provide for the qualification,
  4 14 appointment, removal, term, tenure, compensation, pension, and
  4 15 retirement rights of its officers and employees irrespective
  4 16 of the civil service personnel, or other merit system laws of
  4 17 any concurring state;
  4 18    4.  Establish one or more offices for the transacting of
  4 19 its business;
  4 20    5.  Make and enforce rules and regulations that the commis-
  4 21 sion deems necessary to effectuate the purposes of this
  4 22 compact; provided that any rule or regulation, other than one
  4 23 which deals solely with the internal management of the
  4 24 commission, shall be adopted only after public hearing and
  4 25 shall not be effective unless filed in accordance with the law
  4 26 of each respective concurring state applicable to the filing
  4 27 of rules and regulations;
  4 28    6.  Conduct, upon the request of the designated agency of a
  4 29 concurring state, any investigation and hearing necessary to
  4 30 implement the purposes of this compact; administer oaths and
  4 31 issue subpoenas to compel the attendance of witnesses and the
  4 32 giving of testimony and the production of other evidence; and
  4 33 have full and free access to and from all property, premises,
  4 34 and places necessary to conduct the investigation;
  4 35    7.  Cooperate with and receive assistance and data from any
  5  1 agency which will enable it to implement the purposes of this
  5  2 compact, and, in the manner provided pursuant to paragraph "b"
  5  3 of this Article, recommend actions to be taken by the agency;
  5  4 and
  5  5    8.  Do all other things necessary or incidental to the
  5  6 administration of its functions pursuant to this compact.
  5  7    b.  INVESTIGATIONS AND ENFORCEMENT.
  5  8    1.  The commission shall investigate any significant
  5  9 transfer or termination of operations of an establishment
  5 10 located in a concurring state upon a request by the designated
  5 11 agency of the state where the establishment is located, and
  5 12 may investigate any possible future significant transfer or
  5 13 termination of operations of an establishment upon the request
  5 14 of the designated agency of the state where the establishment
  5 15 is located.
  5 16    2.  The purpose of each investigation undertaken by the
  5 17 commission of an actual or anticipated significant transfer or
  5 18 termination of operations of an establishment pursuant to this
  5 19 paragraph shall be to make a determination of fact as to
  5 20 whether the employer at the establishment is responsible for a
  5 21 detrimental net relocation of employment in connection with
  5 22 the transfer or termination.  For the purposes of this
  5 23 compact, an employer shall be regarded as responsible for a
  5 24 detrimental net relocation of employment if the commission
  5 25 finds that:
  5 26    (a)  Employment lost from the establishment was transferred
  5 27 or is being transferred to one or more other locations,
  5 28 including any transfer by means of outsourcing or contracting
  5 29 out of production, and that employment loss is not the result
  5 30 of the employer reducing or discontinuing entirely its sale or
  5 31 use of the product line or lines produced at the
  5 32 establishment; and
  5 33    (b)  The transfer of employment to other locations has
  5 34 contributed or will contribute to an undermining of labor,
  5 35 health, environmental, human rights, civil rights, or other
  6  1 standards, based on a diminishment of the pay and conditions
  6  2 of employees, of the funding of education or other public
  6  3 services required for the general welfare, or of other
  6  4 conditions affecting employees and their communities, which
  6  5 diminishment is demonstrable by comparison of conditions where
  6  6 the establishment is located and conditions at the other
  6  7 locations.
  6  8    The commission shall require the employer to report all
  6  9 changes in the location, during the preceding period of not
  6 10 less than ten years, of all employment and production of the
  6 11 employer related to each product line produced at the affected
  6 12 establishment, including changes related to the outsourcing or
  6 13 contracting out of production.  The commission shall consider
  6 14 all of those changes when determining whether the employer is
  6 15 responsible for a detrimental net relocation of employment.
  6 16    3.  In the course of its investigation, the commission
  6 17 shall conduct one or more hearings to provide an opportunity
  6 18 for the employer to present its views with respect to whether
  6 19 the significant transfer or termination of operations has
  6 20 occurred or will occur and whether the employer is responsible
  6 21 for a detrimental net relocation of employment.
  6 22    4.  If it is determined that the employer is responsible
  6 23 for a detrimental net relocation of employment, the commission
  6 24 shall decide which one or more, if any, of the following
  6 25 actions to recommend that each concurring state take against
  6 26 the responsible employer:
  6 27    (a)  Placing the employer, for a period of time determined
  6 28 by the commission, on a list of contractors debarred from
  6 29 entering into contracts with any agency of that state, except
  6 30 that the debarment shall not apply to the purchase of goods or
  6 31 services from the employer if that employer is the only person
  6 32 able to provide those goods or services in commercial
  6 33 quantities and of satisfactory quality;
  6 34    (b)  Placing the employer, for a period of time determined
  6 35 by the commission, on a list of employers debarred from
  7  1 receiving economic development assistance from any agency of
  7  2 that state; or
  7  3    (c)  Placing the employer, for a period of time determined
  7  4 by the commission, on a list of employers debarred from having
  7  5 investments made in them of assets of any pension or annuity
  7  6 funds, cash management funds and other funds which any agency
  7  7 of that state is authorized to invest, except that the
  7  8 commission shall not recommend that any concurring state
  7  9 impose a bar on investment pursuant to this subparagraph until
  7 10 the total amount of investment assets of all concurring states
  7 11 is one hundred fifty billion dollars or more.  To comply with
  7 12 this recommendation, a state shall:
  7 13    (i)  Prohibit any new investment of fund assets in the
  7 14 employer subsequent to the date that the employer is placed on
  7 15 the list; and
  7 16    (ii)  Take appropriate action to sell, redeem, divest, or
  7 17 withdraw any investment held in the employer not later than
  7 18 one year after the employer is placed on the list.
  7 19    5.  Of the employers who are determined during any one year
  7 20 to be responsible for a detrimental net relocation of
  7 21 employment:
  7 22    (a)  Not less than fifty percent shall be subject to a
  7 23 recommendation that concurring states take the action
  7 24 indicated in subparagraph (a) of subpart 4 of this paragraph
  7 25 "b";
  7 26    (b)  Not less than seventy-five percent shall be subject to
  7 27 a recommendation that concurring states take the action
  7 28 indicated in subparagraph (b) of subpart 4 of this paragraph
  7 29 "b"; and
  7 30    (c)  Not less than twenty-five percent shall be subject to
  7 31 a recommendation that concurring states take the action
  7 32 indicated in subparagraph (c) of subpart 4 of this paragraph
  7 33 "b".
  7 34    6.  In determining whether to recommend one or more of the
  7 35 actions permitted pursuant to subpart 4 of this paragraph "b"
  8  1 to be taken against an employer determined to be responsible
  8  2 for a detrimental net relocation of employment, the commission
  8  3 shall consider the following factors:
  8  4    (a)  The seriousness of the impact of the net relocation on
  8  5 the workers and other citizens of the concurring state and
  8  6 whether the employer has been responsible for other
  8  7 detrimental net relocations of employment;
  8  8    (b)  How likely it is that the action or actions will have
  8  9 an impact on the employer sufficient to deter the employer
  8 10 from carrying out the detrimental net relocation of
  8 11 employment, or, if the relocation has already occurred,
  8 12 subsequent net relocations; and
  8 13    (c)  Any likely negative impact that the action or actions
  8 14 may have on the concurring states and their citizens.
  8 15    If an employer reverses its decision to undertake a
  8 16 significant transfer or termination of operations and rehires
  8 17 any employees who have lost employment as a result of the
  8 18 transfer or termination, the commission may withdraw its
  8 19 recommendation.
  8 20    7.  Any decision to recommend any of the actions against an
  8 21 employer pursuant to subpart 4 of this paragraph "b" or
  8 22 withdraw a recommendation shall require an affirmative vote of
  8 23 not less than two-thirds of all of the votes of the members of
  8 24 the commission.  Each commissioner shall be entitled to one
  8 25 vote on any decision to recommend any of the actions or
  8 26 withdraw a recommendation, except that, in the case of a
  8 27 decision regarding the placement of the employer on the list
  8 28 of employers barred from investment pursuant to subparagraph
  8 29 (c) of subpart 4 of this paragraph "b", each commissioner
  8 30 shall be given one additional vote for each ten billion
  8 31 dollars in assets of any pension or annuity funds, cash
  8 32 management funds, and other funds which that commissioner's
  8 33 concurring state or any agency of that state is authorized to
  8 34 invest.
  8 35    8.  The commission shall make available to each concurring
  9  1 state all information at its disposal that is necessary or
  9  2 useful to enable the state to implement any recommendation of
  9  3 the commission.  The commission and each concurring state
  9  4 shall make available to the public a list of all employers who
  9  5 are determined by the commission to be responsible for a
  9  6 detrimental net relocation of employment and a list of all
  9  7 employers who are subject to each of the recommendations
  9  8 indicated in subpart 4 of this paragraph "b".
  9  9    9.  All meetings and hearings of the commission shall be
  9 10 open to the public, except for deliberations involving the
  9 11 consideration of documents and information which is
  9 12 confidential pursuant to this subpart.  The minutes of the
  9 13 public meetings and hearings of the commission shall be public
  9 14 records open to inspection and copying at its offices during
  9 15 regular business hours, subject to the law relating to public
  9 16 records of the concurring states in which such minutes are
  9 17 located.
  9 18    Any information obtained from any person by the commission
  9 19 which would adversely affect the competitive position of the
  9 20 person if made public shall be retained solely for the use of
  9 21 the commission and the concurring states in the implementation
  9 22 of this compact, and shall not be disclosed for any other
  9 23 purpose without the written consent of the person.
  9 24    10.  If an establishment located in a concurring state is
  9 25 subject to a significant transfer or termination of
  9 26 operations, the employer who operates the establishment shall
  9 27 provide, not later than the time at which the first
  9 28 termination of employment occurs in connection with the
  9 29 transfer or termination of operations, notification of the
  9 30 transfer or termination of operations to the designated agency
  9 31 in the concurring state, the political subdivision where the
  9 32 establishment is located, the affected employees and any
  9 33 collective bargaining unit of the employees.  The subdivision,
  9 34 employees, or collective bargaining unit may file a request
  9 35 that the designated agency request the commission to conduct
 10  1 an investigation of the transfer or termination of operations
 10  2 pursuant to this paragraph "b".  The notification shall be in
 10  3 writing on a form provided by the commission and shall
 10  4 include:
 10  5    (a)  A statement of the number of employees whose employ-
 10  6 ment will be terminated, when the terminations will occur, any
 10  7 employment available to employees at any other establishment
 10  8 operated by the employer, and information regarding the terms,
 10  9 conditions, and location of that employment;
 10 10    (b)  A statement of the reasons for the transfer or
 10 11 termination of operations; and
 10 12    (c)  A statement which describes:  the right of the
 10 13 designated agency to request an investigation of the transfer
 10 14 or termination of operations; the right of the political
 10 15 subdivision, the employees or their collective bargaining unit
 10 16 to file a request to have the agency make the request; and the
 10 17 actions that the commission may recommend pursuant to this
 10 18 paragraph "b" if the commission determines that the employer
 10 19 is responsible for a detrimental net relocation of employment.
 10 20    11.  (a)  No person shall obstruct, withhold requested
 10 21 information, or in any other way interfere with a commissioner
 10 22 or officer, employee, or agent of the commission engaged in
 10 23 the conduct of an investigation deemed necessary by the
 10 24 commission to implement the purposes of this compact or
 10 25 engaged in the performance of any other duty pursuant to the
 10 26 provisions of this compact.
 10 27    (b)  In addition to any other penalty provided by law, if
 10 28 the commission determines that an employer has violated or
 10 29 attempted to conspire to violate any provision of subpart 10
 10 30 of this paragraph "b" or subparagraph (a) of this subpart, the
 10 31 commission shall recommend that the employer be placed on all
 10 32 of the debarment lists provided for pursuant to subpart 4 of
 10 33 this paragraph "b" until the violation has ceased.  Prior to
 10 34 making a determination regarding a violation pursuant to this
 10 35 subparagraph, the commission shall conduct a hearing to
 11  1 provide an opportunity for the employer to present its views
 11  2 with respect to the violation.
 11  3    (c)  Any action, recommendation, or determination of the
 11  4 commission shall be subject to judicial review in any court of
 11  5 competent jurisdiction as provided by the law of a concurring
 11  6 state.  Court costs related to the judicial review shall be
 11  7 paid by the party which does not prevail.  Any subpoena issued
 11  8 by the commission shall be enforced by any court of competent
 11  9 jurisdiction of the concurring states, according to the
 11 10 practice and procedure of the court applicable to subpoenas
 11 11 issued in proceedings pending before it.  
 11 12                      ARTICLE V &endash; FINANCE
 11 13    a.  The commission shall provide for an annual independent
 11 14 audit of its accounts and financial transactions by a
 11 15 certified public accountant, and for the publication of the
 11 16 report of the audit.  The commission shall also make an annual
 11 17 report of its activities to the governors and legislatures of
 11 18 the concurring states.
 11 19    b.  The commission shall annually adopt a current expense
 11 20 budget for each fiscal year, and shall apportion the amount
 11 21 required to balance the expenditures therein, less estimated
 11 22 revenues from all sources, to the concurring states in
 11 23 accordance with equitable cost-sharing formulae adopted by the
 11 24 commission, except that the annual share for each concurring
 11 25 state shall be an amount equivalent to not less than three
 11 26 cents per each member of the state's total population.
 11 27 Following the adoption of its annual budget, the commission
 11 28 shall transmit certified copies of the budget to the budget
 11 29 officers of the concurring states at the time and in the
 11 30 manner required under their respective budgetary procedures.
 11 31 The budget shall include the amount apportioned for the
 11 32 support of the commission's current expense budget in their
 11 33 respective budgets next to be adopted, subject to the review
 11 34 and approval required by the budgetary processes of the
 11 35 respective concurring states.  The amounts shall be due and
 12  1 payable to the commission in equal quarterly installments
 12  2 during the commission's fiscal year.  
 12  3  ARTICLE VI &endash; ENTRY AND WITHDRAWAL FROM COMPACT, TERMINATION,
 12  4            SEVERABILITY, AND CONGRESSIONAL APPROVAL
 12  5    a.  Amendments and supplements to this compact may be
 12  6 adopted by legislative action of all of the concurring states.
 12  7 A concurring state may withdraw from its concurrence with this
 12  8 compact by repealing its concurring legislation.  The
 12  9 provisions of this compact shall not be operative during any
 12 10 time that the total number of concurring states is reduced to
 12 11 less than five.
 12 12    b.  The provisions of this compact shall be severable and
 12 13 if any provision of this compact is declared to be
 12 14 unconstitutional or the applicability thereof to any
 12 15 concurring state, agency, person, or circumstance is held
 12 16 invalid, the constitutionality of the remainder of the compact
 12 17 and its applicability to any other concurring state, agency,
 12 18 person, or circumstance shall not be affected.  The provisions
 12 19 of this compact shall be reasonably and liberally construed.
 12 20    c.  The commissioners are hereby authorized to apply to the
 12 21 congress of the United States for its consent and approval of
 12 22 this compact or any provision of this compact, if that consent
 12 23 and approval is required under federal law, but in the absence
 12 24 of the consent and approval of the congress, the commission
 12 25 shall have all of the powers that the concurring states may
 12 26 confer upon it without that consent and approval.
 12 27    Sec. 2.  Section 15.104, Code 1995, is amended by adding
 12 28 the following new subsection:
 12 29    NEW SUBSECTION.  9.  Implement the requirements of section
 12 30 15F.1.  The board shall appoint the commissioner who serves as
 12 31 Iowa's member on the multistate industrial retention
 12 32 commission and shall act as the designated agency in Iowa for
 12 33 purposes of the commission.  The board shall work with
 12 34 appropriate agencies and seek the cooperation of businesses,
 12 35 labor organizations, or other interested entities to collect
 13  1 relevant information regarding economic developments and to
 13  2 establish and foster early warning networks to assist in
 13  3 identifying establishments which are likely to experience
 13  4 future significant transfers or terminations of operations.
 13  5 The board shall also seek the collaboration of other
 13  6 concurring states in efforts to identify establishments likely
 13  7 to experience future significant transfers or terminations of
 13  8 operations.
 13  9    Sec. 3.  EFFECTIVE DATE.  Section 2 of this Act takes
 13 10 effect upon enactment of legislation concurring with section 1
 13 11 of this Act by any four other states.  
 13 12                           EXPLANATION
 13 13    This bill creates, with the concurrence of not less than
 13 14 four other states, the multistate industrial retention
 13 15 commission as an instrumentality of the concurring states.
 13 16    Section 1 of the bill represents the portion of the bill
 13 17 which would be adopted by all concurring states.
 13 18    Section 1 provides that the commission would consist of one
 13 19 commissioner from each concurring state to be appointed and
 13 20 serve in the manner determined by the legislature of that
 13 21 state.
 13 22    The purpose of the commission is to provide information,
 13 23 analysis, and recommendations to concurring states which will
 13 24 assist them in making informed decisions when they act in
 13 25 their roles as market participants to prevent the harm caused
 13 26 to the welfare of their citizens by net relocations of
 13 27 employment associated with closings or relocations of
 13 28 workplaces in those states.
 13 29    To implement its purpose, the commission is required to
 13 30 investigate any significant closing or relocation of a
 13 31 workplace located in a concurring state upon the request of
 13 32 the designated agency of that state.  The commission may also
 13 33 investigate possible future closings or relocations.
 13 34    The goal of each investigation is to determine whether the
 13 35 employer at the establishment is responsible for a detrimental
 14  1 net relocation of employment in connection with the closing or
 14  2 relocation.  The employer is required to report all changes in
 14  3 the location, during the preceding period of not less than 10
 14  4 years, of all employment and production of the employer and
 14  5 the employer's affiliates related to products produced at the
 14  6 affected workplace, including changes related to the
 14  7 outsourcing or contracting out of production.  The bill
 14  8 regards the employer as responsible for a detrimental net
 14  9 relocation of employment if the commission finds that the
 14 10 employment actually has been or is being transferred to
 14 11 another location and that the transfer undermines labor,
 14 12 health, environmental, human rights, civil rights, or other
 14 13 standards, based on a demonstrable worsening of the pay and
 14 14 conditions of employees, of the funding of education or other
 14 15 pubic services required for the general welfare, or of other
 14 16 circumstances affecting employees and their communities.
 14 17    If the commission determines that the employer is
 14 18 responsible for a detrimental net relocation of employment,
 14 19 the commission is required to decide which, if any, of the
 14 20 following actions to recommend that each concurring state take
 14 21 against the employer:
 14 22    1.  Barring the employer from entering into public
 14 23 contracts with any agency or subdivision of the state;
 14 24    2.  Barring the employer from receiving economic
 14 25 development assistance or incentives in the state; or
 14 26    3.  Barring the employer from having investments made into
 14 27 it of assets of any public pension or other funds under the
 14 28 control of the state or its instrumentalities, except that the
 14 29 commission is not permitted to recommend a bar on investment
 14 30 until the total amount of investment assets of all concurring
 14 31 states is at least $150 billion.
 14 32    The bill requires that, of the employers who are determined
 14 33 during any one year to be responsible for a detrimental net
 14 34 relocation of employment:  not less than 50 percent be subject
 14 35 to a recommendation barring the employer from contracting; not
 15  1 less than 75 percent be subject to a recommendation barring
 15  2 the employer from receiving economic development assistance;
 15  3 and not less than 25 percent be subject to a recommendation
 15  4 barring the employer from receiving investments of public
 15  5 funds.
 15  6    In determining whether to recommend one or more of the
 15  7 actions to be taken against an employer, the commission is
 15  8 required to consider:  the seriousness of the impact of the
 15  9 detrimental net relocation of employment on the workers and
 15 10 other citizens of the concurring state and whether the
 15 11 employer has been responsible for other net relocations; how
 15 12 likely the action or actions are to deter the employer from
 15 13 carrying out the relocation or subsequent relocations; and any
 15 14 likely negative impact that the action or actions may have on
 15 15 the concurring states and their citizens.
 15 16    If an employer halts the plant closing or relocation and
 15 17 rehires any laid off employees, the commission may withdraw
 15 18 its recommendation.
 15 19    Any decision regarding the recommendations requires an
 15 20 affirmative vote of at least two-thirds of all of the votes of
 15 21 the members of the commission.  Each commissioner is entitled
 15 22 to one vote, except that, in the case of a recommendation to
 15 23 bar the employer from pension investments, each commissioner
 15 24 is given one additional vote for each $10 billion in assets of
 15 25 any pension or other funds which that commissioner's
 15 26 concurring state or its instrumentalities are authorized to
 15 27 invest.
 15 28    The bill gives the commission the authority to use
 15 29 subpoenas when conducting an investigation.  An employer who
 15 30 obstructs the investigation is also subject to the indicated
 15 31 recommendations of debarment until the obstruction ceases.
 15 32    The commission is authorized to submit budget requests
 15 33 equivalent to not less than three cents per capita for each
 15 34 concurring state.
 15 35    Section 2 of this bill provides that the economic
 16  1 development board shall implement Iowa's responsibilities
 16  2 pursuant to the multistate industrial retention commission
 16  3 compact.  The board shall appoint Iowa's commissioner to the
 16  4 multistate industrial retention commission and shall act as
 16  5 Iowa's designated agency under the commission.  Section 2 of
 16  6 the bill becomes effective upon adoption of the interstate
 16  7 compact established by this Act by four other states.  
 16  8 LSB 1019HH 76
 16  9 ec/jw/5
     

Text: HF00435                           Text: HF00437
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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