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House Journal: Page 719: Thursday, March 20, 1997

Fallon of Polk offered amendment H-1250 filed by him as follows:

H-1250

 1     Amend House File 655 as follows:
 2     1.  Page 16, by inserting before line 8 the
 3   following:
 4     "Sec. ___.  Section 15A.1, subsection 3, Code 1997,
 5   is amended to read as follows:
 6     3.  In addition to the requirements of subsection
 7   2, a state agency or community college shall not
 8   provide a grant, loan, or other financial assistance
 9   to a private person or on behalf of a private person
10   unless the business for whose benefit the financial
11   assistance is to be provided meets, to the
12   satisfaction of the state agency or community college,
13   all of the following:
14     Sec. ___.  Section 15A.1, subsection 3, paragraph
15   a, Code 1997, is amended to read as follows:
16     a.  The business makes a report detailing the
17   circumstances of its violations, if any, of a federal
18   or state statute, regulation, or rule including an
19   environmental protection or a worker protection
20   statute, regulation, or rule within the previous five
21   ten years.  The state agency shall take into
22   consideration before allowing financial assistance
23   this report of the business.  If the state agency or
24   community college finds a business has a record of
25   such violations over a period of time of more than one
26   year that demonstrates a consistent pattern of
27   disregard for federal or state laws and regulations,
28   the business shall be disqualified for economic
29   development assistance under this chapter for a period
30   of ten years from the date of disqualification.
31   Disqualification shall not occur if the state agency
32   or community college finds mitigating circumstances
33   which may include the absence of a serious threat to
34   the environment, to workers, or to the general public.
35   In considering mitigating circumstances, the state
36   agency or community college shall only examine the
37   circumstances which apply to past violations.  The
38   state agency or community college shall provide the
39   business with written notice of the disqualification
40   decision within one month of making the decision.  The
41   state agency or community college shall include in the
42   notification a stated reason for disqualification,
43   violations used to support the violation, and the date
44   upon which the business will be eligible for
45   assistance in the future.
46     Sec. ___.  Section 15A.1, subsection 3, Code 1997,
47   is amended by adding the following new paragraphs:
48     NEW PARAGRAPH.  c.  A business which receives
49   economic development assistance shall report the

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