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House Journal: Page 721: Thursday, March 20, 1997

50   the date the assistance is received.  If a state

Page 3

 1   agency or community college determines a business
 2   receiving worker training assistance develops a high
 3   turnover in its workforce, the business shall repay
 4   all worker training assistance received.  High
 5   turnover includes a rate of turnover which is
 6   substantially higher than the rate of turnover for a
 7   similar position at a similar business.
 8     NEW PARAGRAPH.  f.  In making the findings and
 9   determinations regarding violations, mitigating
10   circumstances, turnover rate, and whether the business
11   is disqualified for or must repay economic development
12   assistance under this chapter, a state agency or
13   community college shall be exempt from the
14   requirements of chapter 17A.
15     Sec. ___.  Section 15A.3, Code 1997, is amended to
16   read as follows:
17     15A.3  PUBLIC ECONOMIC DEVELOPMENT ASSISTANCE -
18   VIOLATIONS - CRIMINAL PENALTIES.
19     A person who engages in deception and knowingly
20   makes or causes to be made, directly or indirectly, a
21   false statement in writing, for the purpose of
22   procuring economic development assistance from a state
23   agency or political subdivision, for the benefit of
24   the person or for whom the person is acting, is guilty
25   of a fraudulent practice in the first degree as
26   defined in section 714.9 and subject to triple the
27   monetary fine provided for in section 902.9.  For
28   purposes of this section, "deception" means deception
29   as defined in section 702.9."
30     2.  Title page, line 4, by inserting after the
31   word "changes," the following:  "providing a
32   penalty,".
33     3.  By renumbering as necessary.
Fallon of Polk offered the following amendment H-1267, to
amendment H-1250, filed by him from the floor and moved its
adoption:

H-1267

 1     Amend the amendment, H-1250, to House File 655 as
 2   follows:
 3     1.  Page 3, by striking lines 12 through 14 and
 4   inserting the following:  "assistance under this
 5   chapter, a community college shall be exempt from the
 6   requirements of chapter 17A.  However, the board of
 7   trustees of a community college shall adopt a written
 8   policy regarding the method of making determinations
 9   under this paragraph.  The written policy shall ensure
10   that payments to retire certificates issued under

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