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House Journal: Page 1600: Tuesday, April 14, 1998

Page 2  

 1   value of state taxes or incentives provided under
 2   section 15E.196.  The value of state incentives
 3   provided under section 15E.196 includes applicable
 4   interest and penalties.  The department of economic
 5   development and the city shall enter into agreements
 6   with the business specifying the method for
 7   determining the amount of incentives or assistance
 8   paid which will be repaid in the event of failure to
 9   maintain the requirements of subsection 1.  In
10   addition, a business that fails to maintain the
11   requirements of subsection 1 shall not receive
12   incentives or assistance for each year during which
13   the business is not in compliance.
14     4.  In making its decision regarding an
15   application, the department of economic development
16   shall consider the impact of the eligible business on
17   other businesses in competition with it and compare
18   the compensation package of businesses in competition
19   with the business being considered for incentives or
20   assistance.  The department shall make a good faith
21   effort to identify existing Iowa businesses within an
22   industry in competition with the business being
23   considered for incentives or assistance.  The
24   department shall also make a good faith effort to
25   determine the probability that the proposed incentives
26   or assistance will displace employees of existing
27   businesses.  In determining the impact on businesses
28   in competition with the business seeking incentives or
29   assistance, jobs created as a result of other jobs
30   being displaced elsewhere in the state shall not be
31   considered direct jobs created.
32     However, if the department finds that an eligible
33   business has a record of violations of the law,
34   including but not limited to environmental and worker
35   safety statutes, rules, and regulations, over a period
36   of time that tends to show a consistent pattern, the
37   eligible business shall not qualify for incentives or
38   assistance under section 15E.196, unless the
39   department finds that the violations did not seriously
40   affect public health or safety or the environment, or
41   if it did that there were mitigating circumstances.
42   In making the findings and determinations regarding
43   violations, mitigating circumstances, and whether an
44   eligible business is eligible for incentives or
45   assistance under section 15E.196, the department is
46   exempt from chapter 17A.  If requested by the
47   department, the business shall provide copies of
48   materials documenting the type of violation, any fees
49   or penalties assessed, court filings, final
50   disposition of any findings, and any other information

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URL: /DOCS/GA/77GA/Session.2/HJournal/01600/01600.html
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