Text: H01249                            Text: H01251
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House Amendment 1250

Amendment Text

PAG LIN
  1  1    Amend House File 655 as follows:
  1  2    #1.  Page 16, by inserting before line 8 the
  1  3 following:
  1  4    "Sec.    .  Section 15A.1, subsection 3, Code 1997,
  1  5 is amended to read as follows:
  1  6    3.  In addition to the requirements of subsection
  1  7 2, a state agency or community college shall not
  1  8 provide a grant, loan, or other financial assistance
  1  9 to a private person or on behalf of a private person
  1 10 unless the business for whose benefit the financial
  1 11 assistance is to be provided meets, to the
  1 12 satisfaction of the state agency or community college,
  1 13 all of the following:
  1 14    Sec.    .  Section 15A.1, subsection 3, paragraph
  1 15 a, Code 1997, is amended to read as follows:
  1 16    a.  The business makes a report detailing the
  1 17 circumstances of its violations, if any, of a federal
  1 18 or state statute, regulation, or rule including an
  1 19 environmental protection or a worker protection
  1 20 statute, regulation, or rule within the previous five
  1 21 ten years.  The state agency shall take into
  1 22 consideration before allowing financial assistance
  1 23 this report of the business.  If the state agency or
  1 24 community college finds a business has a record of
  1 25 such violations over a period of time of more than one
  1 26 year that demonstrates a consistent pattern of
  1 27 disregard for federal or state laws and regulations,
  1 28 the business shall be disqualified for economic
  1 29 development assistance under this chapter for a period
  1 30 of ten years from the date of disqualification.
  1 31 Disqualification shall not occur if the state agency
  1 32 or community college finds mitigating circumstances
  1 33 which may include the absence of a serious threat to
  1 34 the environment, to workers, or to the general public.
  1 35 In considering mitigating circumstances, the state
  1 36 agency or community college shall only examine the
  1 37 circumstances which apply to past violations.  The
  1 38 state agency or community college shall provide the
  1 39 business with written notice of the disqualification
  1 40 decision within one month of making the decision.  The
  1 41 state agency or community college shall include in the
  1 42 notification a stated reason for disqualification,
  1 43 violations used to support the violation, and the date
  1 44 upon which the business will be eligible for
  1 45 assistance in the future.
  1 46    Sec.    .  Section 15A.1, subsection 3, Code 1997,
  1 47 is amended by adding the following new paragraphs:
  1 48    NEW PARAGRAPH.  c.  A business which receives
  1 49 economic development assistance shall report the
  1 50 circumstances of future violations occurring after the
  2  1 receipt of the assistance, if any, of a federal or
  2  2 state statute, regulation, or rule including an
  2  3 environmental protection or worker protection statute,
  2  4 regulation, or rule for a period of ten years from the
  2  5 date the assistance is received.  If the state agency
  2  6 or community college finds a business has developed a
  2  7 record of such violations over a period of time of
  2  8 more than one year that demonstrates a consistent
  2  9 pattern of disregard for federal or state laws and
  2 10 regulations, the business shall repay all economic
  2 11 development assistance received during the previous
  2 12 ten years.  Disqualification shall not occur if the
  2 13 state agency or community college finds mitigating
  2 14 circumstances, which may include the absence of a
  2 15 serious threat to the environment, to workers, or to
  2 16 the general public.  In considering mitigating
  2 17 circumstances, the state agency or community college
  2 18 shall only examine the circumstances which apply to
  2 19 past violations.  The state agency or community
  2 20 college shall provide the business with written notice
  2 21 of the disqualification decision within one month of
  2 22 making the decision.  The state agency or community
  2 23 college shall include in the notification a stated
  2 24 reason for disqualification, violations used to
  2 25 support the violation, the amount of economic
  2 26 assistance to be repaid, the terms of repayment, and
  2 27 the date upon which repayment is due.  Repayment of
  2 28 economic assistance shall be paid over the same number
  2 29 of years in which the business received the
  2 30 assistance.
  2 31    NEW PARAGRAPH.  d.  A business seeking economic
  2 32 development assistance involving worker training shall
  2 33 report the rate of turnover in its workforce for the
  2 34 type of jobs for which worker training assistance is
  2 35 sought.  For purposes of this section, rate of
  2 36 turnover means the number of workers who had to be
  2 37 replaced in a given position over a one-year period.
  2 38 Worker training assistance shall not be awarded to a
  2 39 business if a state agency or community college finds
  2 40 that the business seeking worker training assistance
  2 41 has a history of high turnover in its workforce.  High
  2 42 turnover includes a rate of turnover which is
  2 43 substantially higher than the rate of turnover for a
  2 44 similar position at a similar business.
  2 45    NEW PARAGRAPH.  e.  A business which receives
  2 46 economic development assistance involving worker
  2 47 training shall report the rate of turnover in its
  2 48 workforce for the type of jobs for which worker
  2 49 training is received for a period of five years from
  2 50 the date the assistance is received.  If a state
  3  1 agency or community college determines a business
  3  2 receiving worker training assistance develops a high
  3  3 turnover in its workforce, the business shall repay
  3  4 all worker training assistance received.  High
  3  5 turnover includes a rate of turnover which is
  3  6 substantially higher than the rate of turnover for a
  3  7 similar position at a similar business.
  3  8    NEW PARAGRAPH.  f.  In making the findings and
  3  9 determinations regarding violations, mitigating
  3 10 circumstances, turnover rate, and whether the business
  3 11 is disqualified for or must repay economic development
  3 12 assistance under this chapter, a state agency or
  3 13 community college shall be exempt from the
  3 14 requirements of chapter 17A.
  3 15    Sec.    .  Section 15A.3, Code 1997, is amended to
  3 16 read as follows:
  3 17    15A.3  PUBLIC ECONOMIC DEVELOPMENT ASSISTANCE –
  3 18 VIOLATIONS – CRIMINAL PENALTIES.
  3 19    A person who engages in deception and knowingly
  3 20 makes or causes to be made, directly or indirectly, a
  3 21 false statement in writing, for the purpose of
  3 22 procuring economic development assistance from a state
  3 23 agency or political subdivision, for the benefit of
  3 24 the person or for whom the person is acting, is guilty
  3 25 of a fraudulent practice in the first degree as
  3 26 defined in section 714.9 and subject to triple the
  3 27 monetary fine provided for in section 902.9.  For
  3 28 purposes of this section, "deception" means deception
  3 29 as defined in section 702.9."
  3 30    #2.  Title page, line 4, by inserting after the
  3 31 word "changes," the following:  "providing a
  3 32 penalty,".
  3 33    #3.  By renumbering as necessary.  
  3 34 
  3 35 
  3 36                               
  3 37 FALLON of Polk
  3 38 HF 655.503 77
  3 39 tm/jw/28
     

Text: H01249                            Text: H01251
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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