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House Journal: Page 1945: Wednesday, April 22, 1998

Page 5

 1   application for incentives or assistance to the
 2   department of economic development.  The department
 3   may approve, defer, or deny the application.
 4     4.  In making its decision, the commission or
 5   department shall consider the impact of the eligible
 6   business on other businesses in competition with it
 7   and compare the compensation package of businesses in
 8   competition with the business being considered for
 9   incentives or assistance.  The commission or
10   department shall make a good faith effort to identify
11   existing Iowa businesses within an industry in
12   competition with the business being considered for
13   incentives or assistance.  The commission or
14   department shall also make a good faith effort to
15   determine the probability that the proposed incentives
16   or assistance will displace employees of existing
17   businesses.  In determining the impact on businesses
18   in competition with the business seeking incentives or
19   assistance, jobs created as a result of other jobs
20   being displaced elsewhere in the state shall not be
21   considered direct jobs created.
22     However, if the commission or department finds that
23   an eligible business has a record of violations of the
24   law, including but not limited to environmental and
25   worker safety statutes, rules, and regulations, over a
26   period of time that tends to show a consistent
27   pattern, the eligible business shall not qualify for
28   incentives or assistance under section 15E.193A or
29   section 15E.196, unless the commission or department
30   finds that the violations did not seriously affect
31   public health or safety or the environment, or if it
32   did that there were mitigating circumstances.  In
33   making the findings and determinations regarding
34   violations, mitigating circumstances, and whether an
35   eligible business is eligible for incentives or
36   assistance under section 15E.193A or section 15E.196,
37   the commission or department shall be exempt from
38   chapter 17A.  If requested by the commission or
39   department, the business shall provide copies of
40   materials documenting the type of violation, any fees
41   or penalties assessed, court filings, final
42   disposition of any findings and any other information
43   which would assist the commission or department in
44   assessing the nature of any violation.
45     5.  A business that is approved to receive
46   incentives or assistance shall, for the length of its
47   designation as an enterprise zone business, certify
48   annually to the county or city, as applicable, and the
49   department of economic development its compliance with
50   the requirements of either section 15E.193 or
section

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 28 03:40:02 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01900/01945.html
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