Senate File 499 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS BILL
(SUCCESSOR TO SSB
1281)
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A BILL FOR
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Senate File 499
AN ACT
MAKING APPROPRIATIONS TO THE DEPARTMENT OF CULTURAL AFFAIRS,
THE ECONOMIC DEVELOPMENT AUTHORITY, THE IOWA FINANCE
AUTHORITY, THE PUBLIC EMPLOYMENT RELATIONS BOARD, THE
DEPARTMENT OF WORKFORCE DEVELOPMENT, AND THE STATE BOARD OF
REGENTS AND CERTAIN REGENTS INSTITUTIONS, MODIFYING PROGRAMS
AND DUTIES OF THE ECONOMIC DEVELOPMENT AUTHORITY, PROVIDING
FOR OTHER PROPERLY RELATED MATTERS, AND INCLUDING EFFECTIVE
DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2015=2016
Section 1. DEPARTMENT OF CULTURAL AFFAIRS.
1. There is appropriated from the general fund of the state
to the department of cultural affairs for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. ADMINISTRATION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions for the department:
.................................................. $ 176,882
............................................... FTEs 74.50
The department of cultural affairs shall coordinate
activities with the tourism office of the economic development
authority to promote attendance at the state historical
building and at this state's historic sites.
Full=time equivalent positions authorized under this
paragraph are funded, in full or in part, using moneys
appropriated under this paragraph, paragraphs "c" through "g",
and paragraph "i".
b. COMMUNITY CULTURAL GRANTS
For planning and programming for the community cultural
grants program established under section 303.3:
.................................................. $ 172,090
c. HISTORICAL DIVISION
For the support of the historical division:
.................................................. $ 3,167,701
d. HISTORIC SITES
For the administration and support of historic sites:
.................................................. $ 426,398
e. ARTS DIVISION
For the support of the arts division:
.................................................. $ 1,233,764
Of the moneys appropriated in this paragraph, the department
shall allocate $300,000 for purposes of the film office.
f. IOWA GREAT PLACES
For the Iowa great places program established under section
303.3C:
.................................................. $ 150,000
g. ARCHIVE IOWA GOVERNORS' RECORDS
For archiving the records of Iowa governors:
.................................................. $ 65,933
h. RECORDS CENTER RENT
For payment of rent for the state records center:
.................................................. $ 227,243
i. BATTLE FLAGS
For continuation of the project recommended by the Iowa
battle flag advisory committee to stabilize the condition of
the battle flag collection:
.................................................. $ 94,000
2. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
Sec. 2. GOALS AND ACCOUNTABILITY ==== ECONOMIC DEVELOPMENT.
1. For the fiscal year beginning July 1, 2015, the goals
for the economic development authority shall be to expand and
stimulate the state economy, increase the wealth of Iowans, and
increase the population of the state.
2. To achieve the goals in subsection 1, the economic
development authority shall do all of the following for the
fiscal year beginning July 1, 2015:
a. Concentrate its efforts on programs and activities that
result in commercially viable products and services.
b. Adopt practices and services consistent with free
market, private sector philosophies.
c. Ensure economic growth and development throughout the
state.
d. Work with businesses and communities to continually
improve the economic development climate along with the
economic well=being and quality of life for Iowans.
e. Coordinate with other state agencies to ensure that they
are attentive to the needs of an entrepreneurial culture.
f. Establish a strong and aggressive marketing image to
showcase Iowa's workforce, existing industry, and potential.
A priority shall be placed on recruiting new businesses,
business expansion, and retaining existing Iowa businesses.
Emphasis shall be placed on entrepreneurial development through
helping entrepreneurs secure capital, and developing networks
and a business climate conducive to entrepreneurs and small
businesses.
g. Encourage the development of communities and quality of
life to foster economic growth.
h. Prepare communities for future growth and development
through development, expansion, and modernization of
infrastructure.
i. Develop public=private partnerships with Iowa businesses
in the tourism industry, Iowa tour groups, Iowa tourism
organizations, and political subdivisions in this state to
assist in the development of advertising efforts.
j. Develop, to the fullest extent possible, cooperative
efforts for advertising with contributions from other sources.
Sec. 3. ECONOMIC DEVELOPMENT AUTHORITY.
1. APPROPRIATION
a. There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated in this subsection, and for not more than
the following full=time equivalent positions:
.................................................. $ 15,516,372
............................................... FTEs 149.00
b. (1) For salaries, support, miscellaneous purposes,
programs, marketing, and the maintenance of an administration
division, a business development division, a community
development division, a small business development division,
and other divisions the authority may organize.
(2) The full=time equivalent positions authorized under
this section are funded, in whole or in part, by the moneys
appropriated under this subsection or by other moneys received
by the authority, including certain federal moneys.
(3) For business development operations and programs,
international trade, export assistance, workforce recruitment,
and the partner state program.
(4) For transfer to a fund created pursuant to section
15.313 for purposes of financing strategic infrastructure
projects.
(5) For community economic development programs, tourism
operations, community assistance, plans for Iowa green corps
and summer youth programs, the mainstreet and rural mainstreet
programs, the school=to=career program, the community
development block grant, and housing and shelter=related
programs.
(6) For achieving the goals and accountability, and
fulfilling the requirements and duties required under this Act.
c. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated in this
subsection until the close of the succeeding fiscal year.
2. FINANCIAL ASSISTANCE RESTRICTIONS
a. A business creating jobs through moneys appropriated in
subsection 1 shall be subject to contract provisions requiring
new and retained jobs to be filled by individuals who are
citizens of the United States who reside within the United
States or any person authorized to work in the United States
pursuant to federal law, including legal resident aliens in the
United States.
b. Any vendor who receives moneys appropriated in
subsection 1 shall adhere to such contract provisions and
provide periodic assurances as the state shall require that the
jobs are filled solely by citizens of the United States who
reside within the United States or any person authorized to
work in the United States pursuant to federal law, including
legal resident aliens in the United States.
c. A business that receives financial assistance from
the authority from moneys appropriated in subsection 1 shall
only employ individuals legally authorized to work in this
state. In addition to all other applicable penalties provided
by current law, all or a portion of the assistance received
by a business which is found to knowingly employ individuals
not legally authorized to work in this state is subject to
recapture by the authority.
3. USES OF APPROPRIATIONS
a. From the moneys appropriated in subsection 1, the
authority may provide financial assistance in the form of a
grant to a community economic development entity for conducting
a local workforce recruitment effort designed to recruit former
citizens of the state and former students at colleges and
universities in the state to meet the needs of local employers.
b. From the moneys appropriated in subsection 1, the
authority may provide financial assistance to early stage
industry companies being established by women entrepreneurs.
c. From the moneys appropriated in subsection 1, the
authority may provide financial assistance in the form of
grants, loans, or forgivable loans for advanced research and
commercialization projects involving value=added agriculture,
advanced technology, or biotechnology.
d. The authority shall not use any moneys appropriated in
subsection 1 for purposes of providing financial assistance for
the Iowa green streets pilot project or for any other program
or project that involves the installation of geothermal systems
for melting snow and ice from streets or sidewalks.
4. WORLD FOOD PRIZE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount for the world food prize and in lieu of the standing
appropriation in section 15.368, subsection 1:
.................................................. $ 712,500
5. IOWA COMMISSION ON VOLUNTEER SERVICE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount for allocation to the Iowa commission on volunteer
service for purposes of the Iowa state commission grant
program, the Iowa's promise and Iowa mentoring partnership
programs, and for not more than the following full=time
equivalent positions:
.................................................. $ 178,133
............................................... FTEs 7.00
Of the moneys appropriated in this subsection, the
authority shall allocate $75,000 for purposes of the Iowa state
commission grant program and $103,133 for purposes of the
Iowa's promise and Iowa mentoring partnership programs.
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year.
6. COUNCILS OF GOVERNMENTS ==== ASSISTANCE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount to be used for the purposes of providing financial
assistance to Iowa's councils of governments:
.................................................. $ 200,000
Sec. 4. VISION IOWA PROGRAM ==== FTE AUTHORIZATION. For
purposes of administrative duties associated with the vision
Iowa program for the fiscal year beginning July 1, 2015, the
economic development authority is authorized an additional 2.25
FTEs above those otherwise authorized in this division of this
Act.
Sec. 5. INSURANCE ECONOMIC DEVELOPMENT. From the moneys
collected by the division of insurance in excess of the
anticipated gross revenues under section 505.7, subsection
3, during the fiscal year beginning July 1, 2015, $100,000
shall be transferred to the economic development authority for
insurance economic development and international insurance
economic development.
Sec. 6. IOWA FINANCE AUTHORITY.
1. There is appropriated from the general fund of the state
to the Iowa finance authority for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, the following amount,
or so much thereof as is necessary, to be used to provide
reimbursement for rent expenses to eligible persons under the
rent subsidy program:
.................................................. $ 658,000
2. Participation in the rent subsidy program shall be
limited to only those persons who meet the requirements for the
nursing facility level of care for home and community=based
services waiver services as in effect on July 1, 2015, and
to those individuals who are eligible for the federal money
follows the person grant program under the medical assistance
program. Of the moneys appropriated in this section, not more
than $35,000 may be used for administrative costs.
Sec. 7. IOWA FINANCE AUTHORITY AUDIT. The auditor of state
is requested to review the audit of the Iowa finance authority
performed by the auditor hired by the authority.
Sec. 8. PUBLIC EMPLOYMENT RELATIONS BOARD.
1. There is appropriated from the general fund of the state
to the public employment relations board for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,342,452
............................................... FTEs 10.00
2. Of the moneys appropriated in this section, the board
shall allocate $15,000 for maintaining an internet site that
allows searchable access to a database of collective bargaining
information.
Sec. 9. DEPARTMENT OF WORKFORCE DEVELOPMENT. There
is appropriated from the general fund of the state to the
department of workforce development for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
1. DIVISION OF LABOR SERVICES
a. For the division of labor services, including salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 4,579,916
............................................... FTEs 67.00
b. From the contractor registration fees, the division of
labor services shall reimburse the department of inspections
and appeals for all costs associated with hearings under
chapter 91C, relating to contractor registration.
c. Of the moneys appropriated under this subsection, the
department shall allocate $87,500 for the purpose of employing
an additional investigator and support staff to investigate
wage enforcement.
2. DIVISION OF WORKERS' COMPENSATION
a. For the division of workers' compensation, including
salaries, support, maintenance, and miscellaneous purposes, and
for not more than the following full=time equivalent positions:
.................................................. $ 3,259,044
............................................... FTEs 30.00
b. The division of workers' compensation shall charge a
$100 filing fee for workers' compensation cases. The filing
fee shall be paid by the petitioner of a claim. However, the
fee can be taxed as a cost and paid by the losing party, except
in cases where it would impose an undue hardship or be unjust
under the circumstances. The moneys generated by the filing
fee allowed under this subsection are appropriated to the
department of workforce development to be used for purposes of
administering the division of workers' compensation.
3. WORKFORCE DEVELOPMENT OPERATIONS
a. For the operation of field offices, the workforce
development board, and for not more than the following
full=time equivalent positions:
.................................................. $ 9,179,413
............................................... FTEs 130.00
b. Of the moneys appropriated in paragraph "a" of this
subsection, the department shall allocate $150,000 to the state
library for the purpose of licensing an online resource which
prepares persons to succeed in the workplace through programs
which improve job skills and vocational test=taking abilities.
c. Of the moneys appropriated in paragraph "a" of this
subsection, the department shall allocate at least $1,130,602
for the operation of the three satellite field offices
projected by the department to serve the most people from the
offices located in Decorah, Fort Madison, Iowa City, or Webster
City.
4. OFFENDER REENTRY PROGRAM
a. For the development and administration of an offender
reentry program to provide offenders with employment skills,
and for not more than the following full=time equivalent
positions:
.................................................. $ 358,464
............................................... FTEs 4.00
b. The department of workforce development shall partner
with the department of corrections to provide staff within the
correctional facilities to improve offenders' abilities to find
and retain productive employment.
5. NONREVERSION
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 10. GENERAL FUND ==== EMPLOYEE MISCLASSIFICATION
PROGRAM. There is appropriated from the general fund of the
state to the department of workforce development for the fiscal
year beginning July 1, 2015, and ending June 30, 2016, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For enhancing efforts to investigate employers that
misclassify workers and for not more than the following
full=time equivalent positions:
.................................................. $ 451,458
............................................... FTEs 8.10
Sec. 11. SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND.
1. There is appropriated from the special employment
security contingency fund to the department of workforce
development for the fiscal year beginning July 1, 2015, and
ending June 30, 2016, the following amount, or so much thereof
as is necessary, to be used for field offices:
.................................................. $ 1,766,084
2. Any remaining additional penalty and interest revenue
collected by the department of workforce development is
appropriated to the department for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, to accomplish the
mission of the department.
Sec. 12. UNEMPLOYMENT COMPENSATION RESERVE FUND ====
FIELD OFFICES. Notwithstanding section 96.9, subsection 8,
paragraph "e", there is appropriated from interest earned on
the unemployment compensation reserve fund to the department
of workforce development for the fiscal year beginning July 1,
2015, and ending June 30, 2016, the following amount, or so
much thereof as is necessary, for the purposes designated:
For the operation of satellite field offices:
.................................................. $ 400,000
Sec. 13. VIRTUAL ACCESS WORKFORCE DEVELOPMENT OFFICES. The
department of workforce development shall require a unique
identification login for all users of workforce development
centers operated through electronic means.
Sec. 14. UNEMPLOYMENT COMPENSATION PROGRAM. Notwithstanding
section 96.9, subsection 4, paragraph "a", moneys credited to
the state by the secretary of the treasury of the United
States pursuant to section 903 of the Social Security
Act are appropriated to the department of workforce
development and shall be used by the department for the
administration of the unemployment compensation program only.
This appropriation shall not apply to any fiscal year
beginning after December 31, 2015.
Sec. 15. SMALL BUSINESS DEVELOPMENT CENTERS. There is
appropriated from the general fund of the state to Iowa state
university of science and technology for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purposes of funding small business development centers:
.................................................. $ 101,000
Sec. 16. IOWA SKILLED WORKER AND JOB CREATION FUND.
1. There is appropriated from the Iowa skilled worker and
job creation fund created in section 8.75 to the following
departments, agencies, and institutions for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. ECONOMIC DEVELOPMENT AUTHORITY
(1) For the purposes of providing assistance under the high
quality jobs program as described in section 15.335B:
.................................................. $ 16,900,000
(2) From the moneys appropriated in this lettered paragraph
"a", the economic development authority may use not more than
$1,000,000 for purposes of providing infrastructure grants to
mainstreet communities under the main street Iowa program.
(3) As a condition of receiving moneys appropriated in
this lettered paragraph "a", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
b. STATE BOARD OF REGENTS AND REGENTS INSTITUTIONS
(1) STATE BOARD OF REGENTS. For capacity building
infrastructure in areas related to technology
commercialization, marketing and business development
efforts in areas related to technology commercialization,
entrepreneurship, and business growth, and infrastructure
projects and programs needed to assist in implementation of
activities under chapter 262B:
.................................................. $ 3,000,000
Of the moneys appropriated pursuant to this subparagraph
(1), 35 percent shall be allocated for Iowa state university
of science and technology, 35 percent shall be allocated for
the university of Iowa, and 30 percent shall be allocated for
the university of northern Iowa.
(a) The institutions shall provide a one=to=one match
of additional moneys for the activities funded with moneys
appropriated under this subparagraph (1).
(b) The state board of regents shall annually submit a
report by January 15 to the governor, the general assembly,
and the legislative services agency regarding the activities,
projects, and programs funded with moneys appropriated under
this subparagraph (1). The report shall be provided in an
electronic format and shall include a list of metrics and
criteria mutually agreed to in advance by the board of regents
and the economic development authority. The metrics and
criteria shall allow the governor's office and the general
assembly to quantify and evaluate the progress of the board of
regents institutions with regard to their activities, projects,
and programs in the areas of technology commercialization,
entrepreneurship, regional development, and market research.
(2) IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY. For
small business development centers, the science and technology
research park, and the center for industrial research and
service, and for not more than the following full=time
equivalent positions:
.................................................. $ 2,424,302
............................................... FTEs 56.63
(a) Of the moneys appropriated in this subparagraph (2),
Iowa state university of science and technology shall allocate
at least $735,728 for purposes of funding small business
development centers. Iowa state university of science and
technology may allocate the appropriated moneys to the various
small business development centers in any manner necessary to
achieve the purposes of this subparagraph.
(b) Iowa state university of science and technology shall
do all of the following:
(i) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(ii) Provide emphasis to providing services to Iowa=based
companies.
(c) It is the intent of the general assembly that the
industrial incentive program focus on Iowa industrial sectors
and seek contributions and in=kind donations from businesses,
industrial foundations, and trade associations, and that moneys
for the center for industrial research and service industrial
incentive program shall be allocated only for projects which
are matched by private sector moneys for directed contract
research or for nondirected research. The match required of
small businesses as defined in section 15.102, subsection 8,
for directed contract research or for nondirected research
shall be $1 for each $3 of state funds. The match required
for other businesses for directed contract research or
for nondirected research shall be $1 for each $1 of state
funds. The match required of industrial foundations or trade
associations shall be $1 for each $1 of state funds.
Iowa state university of science and technology shall
report annually to the joint appropriations subcommittee on
economic development and the legislative services agency the
total amount of private contributions, the proportion of
contributions from small businesses and other businesses, and
the proportion for directed contract research and nondirected
research of benefit to Iowa businesses and industrial sectors.
(3) STATE UNIVERSITY OF IOWA. For the state university
of Iowa research park and for the advanced drug development
program at the Oakdale research park, including salaries,
support, maintenance, equipment, and miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 209,279
............................................... FTEs 6.00
The state university of Iowa shall do all of the following:
(a) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(b) Provide emphasis to providing services to Iowa=based
companies.
(4) STATE UNIVERSITY OF IOWA. For the purpose of
implementing the entrepreneurship and economic growth
initiative, and for not more than the following full=time
equivalent positions:
.................................................. $ 2,000,000
............................................... FTEs 8.00
(5) UNIVERSITY OF NORTHERN IOWA. For the metal casting
institute, the MyEntreNet internet application, and the
institute of decision making, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 1,066,419
............................................... FTEs 9.75
(a) Of the moneys appropriated pursuant to this
subparagraph (5), the university of northern Iowa shall
allocate at least $617,639 for purposes of support of
entrepreneurs through the university's regional business center
and economic gardening program.
(b) The university of northern Iowa shall do all of the
following:
(i) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(ii) Provide emphasis to providing services to Iowa=based
companies.
(6) As a condition of receiving moneys appropriated in
this lettered paragraph "b", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
c. DEPARTMENT OF WORKFORCE DEVELOPMENT
To develop a long=term sustained program to train unemployed
and underemployed central Iowans with skills necessary to
advance to higher=paying jobs with full benefits:
.................................................. $ 100,000
(1) The department of workforce development shall begin
a request for proposals process, issued for purposes of this
lettered paragraph "c", no later than September 1, 2015.
(2) As a condition of receiving moneys appropriated under
this lettered paragraph "c", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
2. Notwithstanding section 8.33, moneys appropriated
in this section of this Act that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
DIVISION II
FY 2016=2017
Sec. 17. DEPARTMENT OF CULTURAL AFFAIRS.
1. There is appropriated from the general fund of the state
to the department of cultural affairs for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. ADMINISTRATION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions for the department:
.................................................. $ 88,441
............................................... FTEs 74.50
The department of cultural affairs shall coordinate
activities with the tourism office of the economic development
authority to promote attendance at the state historical
building and at this state's historic sites.
Full=time equivalent positions authorized under this
paragraph are funded, in full or in part, using moneys
appropriated under this paragraph, paragraphs "c" through "g",
and paragraph "i".
b. COMMUNITY CULTURAL GRANTS
For planning and programming for the community cultural
grants program established under section 303.3:
.................................................. $ 86,045
c. HISTORICAL DIVISION
For the support of the historical division:
.................................................. $ 1,583,851
d. HISTORIC SITES
For the administration and support of historic sites:
.................................................. $ 213,199
e. ARTS DIVISION
For the support of the arts division:
.................................................. $ 616,882
Of the moneys appropriated in this paragraph, the department
shall allocate $300,000 for purposes of the film office.
f. IOWA GREAT PLACES
For the Iowa great places program established under section
303.3C:
.................................................. $ 75,000
g. ARCHIVE IOWA GOVERNORS' RECORDS
For archiving the records of Iowa governors:
.................................................. $ 32,967
h. RECORDS CENTER RENT
For payment of rent for the state records center:
.................................................. $ 113,622
i. BATTLE FLAGS
For continuation of the project recommended by the Iowa
battle flag advisory committee to stabilize the condition of
the battle flag collection:
.................................................. $ 47,000
2. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
Sec. 18. GOALS AND ACCOUNTABILITY ==== ECONOMIC DEVELOPMENT.
1. For the fiscal year beginning July 1, 2016, the goals
for the economic development authority shall be to expand and
stimulate the state economy, increase the wealth of Iowans, and
increase the population of the state.
2. To achieve the goals in subsection 1, the economic
development authority shall do all of the following for the
fiscal year beginning July 1, 2016:
a. Concentrate its efforts on programs and activities that
result in commercially viable products and services.
b. Adopt practices and services consistent with free
market, private sector philosophies.
c. Ensure economic growth and development throughout the
state.
d. Work with businesses and communities to continually
improve the economic development climate along with the
economic well=being and quality of life for Iowans.
e. Coordinate with other state agencies to ensure that they
are attentive to the needs of an entrepreneurial culture.
f. Establish a strong and aggressive marketing image to
showcase Iowa's workforce, existing industry, and potential.
A priority shall be placed on recruiting new businesses,
business expansion, and retaining existing Iowa businesses.
Emphasis shall be placed on entrepreneurial development through
helping entrepreneurs secure capital, and developing networks
and a business climate conducive to entrepreneurs and small
businesses.
g. Encourage the development of communities and quality of
life to foster economic growth.
h. Prepare communities for future growth and development
through development, expansion, and modernization of
infrastructure.
i. Develop public=private partnerships with Iowa businesses
in the tourism industry, Iowa tour groups, Iowa tourism
organizations, and political subdivisions in this state to
assist in the development of advertising efforts.
j. Develop, to the fullest extent possible, cooperative
efforts for advertising with contributions from other sources.
Sec. 19. ECONOMIC DEVELOPMENT AUTHORITY.
1. APPROPRIATION
a. There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated in this subsection, and for not more than
the following full=time equivalent positions:
.................................................. $ 7,758,186
............................................... FTEs 149.00
b. (1) For salaries, support, miscellaneous purposes,
programs, marketing, and the maintenance of an administration
division, a business development division, a community
development division, a small business development division,
and other divisions the authority may organize.
(2) The full=time equivalent positions authorized under
this section are funded, in whole or in part, by the moneys
appropriated under this subsection or by other moneys received
by the authority, including certain federal moneys.
(3) For business development operations and programs,
international trade, export assistance, workforce recruitment,
and the partner state program.
(4) For transfer to a fund created pursuant to section
15.313 for purposes of financing strategic infrastructure
projects.
(5) For community economic development programs, tourism
operations, community assistance, plans for Iowa green corps
and summer youth programs, the mainstreet and rural mainstreet
programs, the school=to=career program, the community
development block grant, and housing and shelter=related
programs.
(6) For achieving the goals and accountability, and
fulfilling the requirements and duties required under this Act.
c. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated in this
subsection until the close of the succeeding fiscal year.
2. FINANCIAL ASSISTANCE RESTRICTIONS
a. A business creating jobs through moneys appropriated in
subsection 1 shall be subject to contract provisions requiring
new and retained jobs to be filled by individuals who are
citizens of the United States who reside within the United
States or any person authorized to work in the United States
pursuant to federal law, including legal resident aliens in the
United States.
b. Any vendor who receives moneys appropriated in
subsection 1 shall adhere to such contract provisions and
provide periodic assurances as the state shall require that the
jobs are filled solely by citizens of the United States who
reside within the United States or any person authorized to
work in the United States pursuant to federal law, including
legal resident aliens in the United States.
c. A business that receives financial assistance from
the authority from moneys appropriated in subsection 1 shall
only employ individuals legally authorized to work in this
state. In addition to all other applicable penalties provided
by current law, all or a portion of the assistance received
by a business which is found to knowingly employ individuals
not legally authorized to work in this state is subject to
recapture by the authority.
3. USES OF APPROPRIATIONS
a. From the moneys appropriated in subsection 1, the
authority may provide financial assistance in the form of a
grant to a community economic development entity for conducting
a local workforce recruitment effort designed to recruit former
citizens of the state and former students at colleges and
universities in the state to meet the needs of local employers.
b. From the moneys appropriated in subsection 1, the
authority may provide financial assistance to early stage
industry companies being established by women entrepreneurs.
c. From the moneys appropriated in subsection 1, the
authority may provide financial assistance in the form of
grants, loans, or forgivable loans for advanced research and
commercialization projects involving value=added agriculture,
advanced technology, or biotechnology.
d. The authority shall not use any moneys appropriated in
subsection 1 for purposes of providing financial assistance for
the Iowa green streets pilot project or for any other program
or project that involves the installation of geothermal systems
for melting snow and ice from streets or sidewalks.
4. WORLD FOOD PRIZE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount for the world food prize and in lieu of the standing
appropriation in section 15.368, subsection 1:
.................................................. $ 356,250
5. IOWA COMMISSION ON VOLUNTEER SERVICE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount for allocation to the Iowa commission on volunteer
service for purposes of the Iowa state commission grant
program, the Iowa's promise and Iowa mentoring partnership
programs, and for not more than the following full=time
equivalent positions:
.................................................. $ 89,067
............................................... FTEs 7.00
Of the moneys appropriated in this subsection, the
authority shall allocate $37,500 for purposes of the Iowa state
commission grant program and $51,567 for purposes of the Iowa's
promise and Iowa mentoring partnership programs.
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year.
6. COUNCILS OF GOVERNMENTS ==== ASSISTANCE
There is appropriated from the general fund of the state
to the economic development authority for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount to be used for the purposes of providing financial
assistance to Iowa's councils of governments:
.................................................. $ 100,000
7. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
INTERNSHIPS
a. There is appropriated from the general fund of the state
to the Iowa economic development authority for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, for the purposes
designated:
For the funding of internships for students studying in the
fields of science, technology, engineering, and mathematics
with eligible Iowa employers as provided in section 15.411,
subsection 3, paragraph "c":
.................................................. $ 500,000
b. No more than 3 percent of the moneys appropriated in this
subsection may be used by the authority for costs associated
with administration of the internship program.
c. Notwithstanding section 8.33, moneys appropriated in
this subsection which remain unencumbered or unobligated at
the end of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated in
subsequent fiscal years.
Sec. 20. VISION IOWA PROGRAM ==== FTE AUTHORIZATION. For
purposes of administrative duties associated with the vision
Iowa program for the fiscal year beginning July 1, 2016, the
economic development authority is authorized an additional 2.25
FTEs above those otherwise authorized in this division of this
Act.
Sec. 21. INSURANCE ECONOMIC DEVELOPMENT. From the moneys
collected by the division of insurance in excess of the
anticipated gross revenues under section 505.7, subsection
3, during the fiscal year beginning July 1, 2016, $100,000
shall be transferred to the economic development authority for
insurance economic development and international insurance
economic development.
Sec. 22. IOWA FINANCE AUTHORITY.
1. There is appropriated from the general fund of the state
to the Iowa finance authority for the fiscal year beginning
July 1, 2016, and ending June 30, 2017, the following amount,
or so much thereof as is necessary, to be used to provide
reimbursement for rent expenses to eligible persons under the
rent subsidy program:
.................................................. $ 329,000
2. Participation in the rent subsidy program shall be
limited to only those persons who meet the requirements for the
nursing facility level of care for home and community=based
services waiver services as in effect on July 1, 2016, and
to those individuals who are eligible for the federal money
follows the person grant program under the medical assistance
program. Of the moneys appropriated in this section, not more
than $35,000 may be used for administrative costs.
Sec. 23. IOWA FINANCE AUTHORITY AUDIT. The auditor of state
is requested to review the audit of the Iowa finance authority
performed by the auditor hired by the authority.
Sec. 24. PUBLIC EMPLOYMENT RELATIONS BOARD.
1. There is appropriated from the general fund of the state
to the public employment relations board for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 671,226
............................................... FTEs 10.00
2. Of the moneys appropriated in this section, the board
shall allocate $15,000 for maintaining an internet site that
allows searchable access to a database of collective bargaining
information.
Sec. 25. DEPARTMENT OF WORKFORCE DEVELOPMENT. There
is appropriated from the general fund of the state to the
department of workforce development for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
1. DIVISION OF LABOR SERVICES
a. For the division of labor services, including salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 2,289,958
............................................... FTEs 67.00
b. From the contractor registration fees, the division of
labor services shall reimburse the department of inspections
and appeals for all costs associated with hearings under
chapter 91C, relating to contractor registration.
2. DIVISION OF WORKERS' COMPENSATION
a. For the division of workers' compensation, including
salaries, support, maintenance, and miscellaneous purposes, and
for not more than the following full=time equivalent positions:
.................................................. $ 1,629,522
............................................... FTEs 30.00
b. The division of workers' compensation shall charge a
$100 filing fee for workers' compensation cases. The filing
fee shall be paid by the petitioner of a claim. However, the
fee can be taxed as a cost and paid by the losing party, except
in cases where it would impose an undue hardship or be unjust
under the circumstances. The moneys generated by the filing
fee allowed under this subsection are appropriated to the
department of workforce development to be used for purposes of
administering the division of workers' compensation.
3. WORKFORCE DEVELOPMENT OPERATIONS
a. For the operation of field offices, the workforce
development board, and for not more than the following
full=time equivalent positions:
.................................................. $ 4,589,707
............................................... FTEs 130.00
b. Of the moneys appropriated in paragraph "a" of this
subsection, the department shall allocate $150,000 to the state
library for the purpose of licensing an online resource which
prepares persons to succeed in the workplace through programs
which improve job skills and vocational test=taking abilities.
c. Of the moneys appropriated in paragraph "a" of this
subsection, the department shall allocate at least $1,130,602
for the operation of the three satellite field offices
projected by the department to serve the most people from the
offices located in Decorah, Fort Madison, Iowa City, or Webster
City.
4. OFFENDER REENTRY PROGRAM
a. For the development and administration of an offender
reentry program to provide offenders with employment skills,
and for not more than the following full=time equivalent
positions:
.................................................. $ 179,232
............................................... FTEs 4.00
b. The department of workforce development shall partner
with the department of corrections to provide staff within the
correctional facilities to improve offenders' abilities to find
and retain productive employment.
5. NONREVERSION
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 26. GENERAL FUND ==== EMPLOYEE MISCLASSIFICATION
PROGRAM. There is appropriated from the general fund of the
state to the department of workforce development for the fiscal
year beginning July 1, 2016, and ending June 30, 2017, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For enhancing efforts to investigate employers that
misclassify workers and for not more than the following
full=time equivalent positions:
.................................................. $ 225,729
............................................... FTEs 8.10
Sec. 27. SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND.
1. There is appropriated from the special employment
security contingency fund to the department of workforce
development for the fiscal year beginning July 1, 2016, and
ending June 30, 2017, the following amount, or so much thereof
as is necessary, to be used for field offices:
.................................................. $ 883,042
2. Any remaining additional penalty and interest revenue
collected by the department of workforce development is
appropriated to the department for the fiscal year beginning
July 1, 2016, and ending June 30, 2017, to accomplish the
mission of the department.
Sec. 28. UNEMPLOYMENT COMPENSATION RESERVE FUND ====
FIELD OFFICES. Notwithstanding section 96.9, subsection 8,
paragraph "e", there is appropriated from interest earned on
the unemployment compensation reserve fund to the department
of workforce development for the fiscal year beginning July 1,
2016, and ending June 30, 2017, the following amount, or so
much thereof as is necessary, for the purposes designated:
For the operation of satellite field offices:
.................................................. $ 200,000
Sec. 29. VIRTUAL ACCESS WORKFORCE DEVELOPMENT OFFICES. The
department of workforce development shall require a unique
identification login for all users of workforce development
centers operated through electronic means.
Sec. 30. UNEMPLOYMENT COMPENSATION PROGRAM. Notwithstanding
section 96.9, subsection 4, paragraph "a", moneys credited to
the state by the secretary of the treasury of the United
States pursuant to section 903 of the Social Security
Act are appropriated to the department of workforce
development and shall be used by the department for the
administration of the unemployment compensation program only.
This appropriation shall not apply to any fiscal year
beginning after December 31, 2016.
Sec. 31. SMALL BUSINESS DEVELOPMENT CENTERS. There is
appropriated from the general fund of the state to Iowa state
university of science and technology for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purposes of funding small business development centers:
.................................................. $ 50,500
Sec. 32. IOWA SKILLED WORKER AND JOB CREATION FUND.
1. There is appropriated from the Iowa skilled worker and
job creation fund created in section 8.75 to the following
departments, agencies, and institutions for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. ECONOMIC DEVELOPMENT AUTHORITY
(1) For the purposes of providing assistance under the high
quality jobs program as described in section 15.335B:
.................................................. $ 8,450,000
(2) From the moneys appropriated in this lettered paragraph
"a", the economic development authority may use not more than
$1,000,000 for purposes of providing infrastructure grants to
mainstreet communities under the main street Iowa program.
(3) As a condition of receiving moneys appropriated in
this lettered paragraph "a", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
b. STATE BOARD OF REGENTS AND REGENTS INSTITUTIONS
(1) STATE BOARD OF REGENTS. For capacity building
infrastructure in areas related to technology
commercialization, marketing and business development
efforts in areas related to technology commercialization,
entrepreneurship, and business growth, and infrastructure
projects and programs needed to assist in implementation of
activities under chapter 262B:
.................................................. $ 1,500,000
Of the moneys appropriated pursuant to this subparagraph
(1), 35 percent shall be allocated for Iowa state university
of science and technology, 35 percent shall be allocated for
the university of Iowa, and 30 percent shall be allocated for
the university of northern Iowa.
(a) The institutions shall provide a one=to=one match
of additional moneys for the activities funded with moneys
appropriated under this subparagraph (1).
(b) The state board of regents shall annually submit a
report by January 15 to the governor, the general assembly,
and the legislative services agency regarding the activities,
projects, and programs funded with moneys appropriated under
this subparagraph (1). The report shall be provided in an
electronic format and shall include a list of metrics and
criteria mutually agreed to in advance by the board of regents
and the economic development authority. The metrics and
criteria shall allow the governor's office and the general
assembly to quantify and evaluate the progress of the board of
regents institutions with regard to their activities, projects,
and programs in the areas of technology commercialization,
entrepreneurship, regional development, and market research.
(2) IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY. For
small business development centers, the science and technology
research park, and the center for industrial research and
service, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,212,151
............................................... FTEs 56.63
(a) Of the moneys appropriated in this subparagraph (2),
Iowa state university of science and technology shall allocate
at least $735,728 for purposes of funding small business
development centers. Iowa state university of science and
technology may allocate the appropriated moneys to the various
small business development centers in any manner necessary to
achieve the purposes of this subparagraph.
(b) Iowa state university of science and technology shall
do all of the following:
(i) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(ii) Provide emphasis to providing services to Iowa=based
companies.
(c) It is the intent of the general assembly that the
industrial incentive program focus on Iowa industrial sectors
and seek contributions and in=kind donations from businesses,
industrial foundations, and trade associations, and that moneys
for the center for industrial research and service industrial
incentive program shall be allocated only for projects which
are matched by private sector moneys for directed contract
research or for nondirected research. The match required of
small businesses as defined in section 15.102, subsection 8,
for directed contract research or for nondirected research
shall be $1 for each $3 of state funds. The match required
for other businesses for directed contract research or
for nondirected research shall be $1 for each $1 of state
funds. The match required of industrial foundations or trade
associations shall be $1 for each $1 of state funds.
Iowa state university of science and technology shall
report annually to the joint appropriations subcommittee on
economic development and the legislative services agency the
total amount of private contributions, the proportion of
contributions from small businesses and other businesses, and
the proportion for directed contract research and nondirected
research of benefit to Iowa businesses and industrial sectors.
(3) STATE UNIVERSITY OF IOWA. For the state university
of Iowa research park and for the advanced drug development
program at the Oakdale research park, including salaries,
support, maintenance, equipment, and miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 104,640
............................................... FTEs 6.00
The state university of Iowa shall do all of the following:
(a) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(b) Provide emphasis to providing services to Iowa=based
companies.
(4) STATE UNIVERSITY OF IOWA. For the purpose of
implementing the entrepreneurship and economic growth
initiative, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,000,000
............................................... FTEs 8.00
(5) UNIVERSITY OF NORTHERN IOWA. For the metal casting
institute, the MyEntreNet internet application, and the
institute of decision making, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 533,210
............................................... FTEs 9.75
(a) Of the moneys appropriated pursuant to this
subparagraph (5), the university of northern Iowa shall
allocate at least $533,210 for purposes of support of
entrepreneurs through the university's regional business center
and economic gardening program.
(b) The university of northern Iowa shall do all of the
following:
(i) Direct expenditures for research toward projects that
will provide economic stimulus for Iowa.
(ii) Provide emphasis to providing services to Iowa=based
companies.
(6) As a condition of receiving moneys appropriated in
this lettered paragraph "b", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
c. DEPARTMENT OF WORKFORCE DEVELOPMENT
To develop a long=term sustained program to train unemployed
and underemployed central Iowans with skills necessary to
advance to higher=paying jobs with full benefits:
.................................................. $ 50,000
(1) The department of workforce development shall begin
a request for proposals process, issued for purposes of this
lettered paragraph "c", no later than September 1, 2016.
(2) As a condition of receiving moneys appropriated under
this lettered paragraph "c", an entity shall testify upon the
request of the joint appropriations subcommittee on economic
development regarding the expenditure of such moneys.
2. Notwithstanding section 8.33, moneys appropriated
in this section of this Act that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
DIVISION III
MISCELLANEOUS PROVISIONS ==== VETERAN=OWNED BUSINESSES
Sec. 33. Section 15.102, subsection 10, paragraph a,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
"Targeted small business" means a small business which is
fifty=one percent or more owned, operated, and actively managed
by one or more women, minority persons, service=disabled
veterans, or persons with a disability provided the business
meets all of the following requirements:
Sec. 34. Section 15.102, subsection 10, paragraph b, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (4) "Service=disabled veteran" means the
same as defined in 15 U.S.C. {632.
Sec. 35. Section 73.14, subsection 1, Code 2015, is amended
to read as follows:
1. The state, board of regents institutions, counties,
townships, school districts, community colleges, cities,
and other public entities, and every person acting as
contracting agent for any such entity, shall, when issuing
bonds or other obligations, make a good=faith effort to
utilize minority=owned, service=disabled veteran=owned,
and female=owned businesses for attorneys, accountants,
financial advisors, banks, underwriters, insurers, and other
occupations necessary to carry out the issuance of bonds or
other obligations by the entity.
Sec. 36. Section 73.14, subsection 2, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. "Service=disabled veteran=owned business"
means a business that is fifty=one percent or more owned,
operated, and actively managed by one or more service=disabled
veterans, as defined in 15 U.S.C. {632.
Sec. 37. Section 73.16, subsection 2, paragraph d, Code
2015, is amended to read as follows:
d. Of the total value of anticipated procurements of
goods and services under this subsection, an additional
goal shall be established to procure at least forty percent
from minority=owned businesses, and forty percent from
female=owned businesses and forty percent from service=disabled
veteran=owned businesses, as defined in section 73.14, that are
targeted small businesses.
DIVISION IV
MISCELLANEOUS PROVISIONS ====
MERIT SYSTEM STATUS AND APPEALS
Sec. 38. Section 8A.412, subsection 11, Code 2015, is
amended to read as follows:
11. Professional employees under the supervision of the
attorney general, the state public defender, the secretary
of state, the auditor of state, the treasurer of state, and
the public employment relations board. However, employees of
the consumer advocate division of the department of justice,
other than the consumer advocate, and administrative law judges
appointed or employed by the public employment relations board,
are subject to the merit system.
Sec. 39. Section 8A.415, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director's response, file an
appeal with the public employment relations board. The
hearing shall be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. Decisions rendered shall be based
upon a standard of substantial compliance with this subchapter
and the rules of the department. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee's appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
final agency action.
Sec. 40. Section 8A.415, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director's response, file an appeal
with the public employment relations board. The employee has
the right to a hearing closed to the public, unless a public
hearing is requested by the employee. The hearing shall
otherwise be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. If the public employment relations
board finds that the action taken by the appointing authority
was for political, religious, racial, national origin, sex,
age, or other reasons not constituting just cause, the employee
may be reinstated without loss of pay or benefits for the
elapsed period, or the public employment relations board may
provide other appropriate remedies. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee's appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
final agency action.
Sec. 41. Section 10A.801, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. The department shall employ a sufficient number of
administrative law judges to conduct proceedings for which
agencies are required, by section 17A.11 or any other provision
of law, to use an administrative law judge employed by the
division. An administrative law judge employed by the division
shall not perform duties inconsistent with the judge's duties
and responsibilities as an administrative law judge and shall
be located in an office that is separated from the offices of
the agencies for which that person acts as a presiding officer.
Administrative The administrator and all administrative law
judges shall be covered by the merit system provisions of
chapter 8A, subchapter IV.
Sec. 42. Section 86.2, subsection 1, paragraph b, Code 2015,
is amended to read as follows:
b. Deputy workers' compensation commissioners for whose
acts the commissioner is responsible and who shall serve at the
pleasure of the commissioner be appointed and serve pursuant
to the merit system provisions of chapter 8A, subchapter IV,
unless the commissioners are otherwise covered by a collective
bargaining agreement.
Sec. 43. Section 96.6, subsection 3, paragraph b, Code 2015,
is amended to read as follows:
b. Appeals from the initial determination shall be heard
by an administrative law judge employed by the department who
shall be covered by the merit system provisions of chapter
8A, subchapter IV, unless the administrative law judge is
otherwise covered by a collective bargaining agreement. An
administrative law judge's decision may be appealed by any
party to the employment appeal board created in section
10A.601. The decision of the appeal board is final agency
action and an appeal of the decision shall be made directly to
the district court.
DIVISION V
MISCELLANEOUS PROVISIONS ==== ECONOMIC DEVELOPMENT AUTHORITY
REDEVELOPMENT TAX CREDITS
Sec. 44. Section 15.293B, subsection 4, Code 2015, is
amended to read as follows:
4. A registered project shall be completed within thirty
months of the date the project was registered unless the
authority, upon recommendation of the council and approval of
the board, provides additional time to complete the project.
A project shall not be provided more than twelve months of
additional time. If the registered project is not completed
within the time required, the project is not eligible to claim
a tax credit provided in section 15.293A.
Sec. 45. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 46. RETROACTIVE APPLICABILITY. The section of this
division of this Act amending Code section 15.293B applies
retroactively to qualifying redevelopment project agreements
entered into on or after July 1, 2010, for which a request for
a project extension is submitted to the economic development
authority on or after January 1, 2015.
DIVISION VI
MISCELLANEOUS PROVISIONS ==== NUISANCE PROPERTIES AND ABANDONED
BUILDINGS
Sec. 47. Section 15.335B, subsection 2, paragraph a, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (8) For deposit in the nuisance property
remediation fund created pursuant to section 15.338.
Sec. 48. NEW SECTION. 15.338 Nuisance property remediation
assistance ==== fund.
1. a. The economic development authority shall establish
a nuisance property remediation fund pursuant to section
15.106A, subsection 1, paragraph "o", for purposes of providing
financial assistance to cities for the remediation of nuisance
properties and abandoned buildings and other structures. The
authority shall administer the fund in a manner designed to
make funds annually available to cities for purposes of this
section.
b. The authority may administer a fund established for
purposes of this section as a revolving fund. The fund may
consist of any moneys appropriated by the general assembly for
purposes of this section and any other moneys that are lawfully
available to the authority, including moneys transferred or
deposited from other funds created pursuant to section 15.106A,
subsection 1, paragraph "o".
c. The authority shall use any moneys specifically
appropriated for purposes of this section only for the purposes
of this section. The authority may use all other moneys in the
fund, including interest, earnings, recaptures, and repayments
for purposes of this section or the authority may transfer
the other moneys to other funds created pursuant to section
15.106A, subsection 1, paragraph "o".
d. Notwithstanding section 8.33, moneys in the nuisance
property remediation fund at the end of each fiscal year shall
not revert to any other fund but shall remain in the fund for
expenditure for subsequent fiscal years.
e. The authority may use not more than five percent of
the moneys in the fund at the beginning of the fiscal year
for purposes of administrative costs, finance, compliance,
marketing, and program support.
2. The authority shall use moneys in the fund to provide
financial assistance to cities for the remediation of nuisance
properties and abandoned buildings and other structures. Such
financial assistance may include loans or forgivable loans.
The authority may provide financial assistance under this
section using a competitive scoring process.
3. In providing financial assistance under this section,
the authority may give priority to cities with severe blighted
areas, widespread dilapidated housing stock, or high rates of
low or moderate income residents.
4. The authority shall enter into an agreement with
each city for the receipt of financial assistance under
this section. The authority may negotiate the terms of the
agreement.
5. In providing financial assistance under this section,
the authority shall coordinate with a city to develop a plan
for the use of funds that is consistent with the community
development, housing, and economic development goals of the
city. The terms of the agreement entered into pursuant to
subsection 3 and the use of financial assistance provided under
this section shall reflect the plan developed based on a city's
goals.
6. If a city receives financial assistance under this
section, the amount of any lien created for costs related to
remediation of the property, shall not include any moneys that
the city received pursuant to this section to remediate the
property.
7. The authority shall submit a report to the general
assembly and the governor's office on or before January
31, 2019, describing the results of the program implemented
pursuant to this section and making recommendations for
additional program changes.
Sec. 49. Section 657A.1, subsections 1 and 3, Code 2015, are
amended to read as follows:
1. "Abandoned" or "abandonment" means that a building has
remained vacant and has been in violation of the housing code
or building code of the city in which the property is located
or the housing code or building code applicable in the county
in which the property is located if outside the limits of a
city for a period of six consecutive months.
3. "Building" means a building or structure located in a
city or outside the limits of a city in a county, which is used
or intended to be used for commercial or industrial purposes or
which is used or intended to be used for residential purposes,
and includes a building or structure in which some floors
may be used for retail stores, shops, salesrooms, markets,
or similar commercial uses, or for offices, banks, civic
administration activities, professional services, or similar
business or civic uses, and other floors are used, designed, or
intended to be used for residential purposes.
Sec. 50. Section 657A.10A, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. The petition shall be filed in the district court of
the county in which the property is located. Service on the
owner and any other named respondents shall be by personal
service or certified mail and or, if service cannot be made by
either method, by posting the notice in a conspicuous place
on the building and by publication in a newspaper of general
circulation in the city. The action shall be in equity.
Sec. 51. Section 657A.10A, subsection 3, paragraphs d, f,
and j, Code 2015, are amended to read as follows:
d. Whether the building meets the city's housing code for as
being fit for human habitation, occupancy, or use.
f. Whether the building is boarded up or otherwise secured
from unauthorized entry.
j. Past and current compliance with orders of the local
housing or building code official.
Sec. 52. Section 657A.10A, subsection 3, Code 2015, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. 0e. Whether the building meets the city's
building code as being fit for occupancy or use.
NEW PARAGRAPH. 0h. Whether those claiming an interest
in the property have, prior to the filing of the petition,
demonstrated a good=faith effort to restore the property to
productive use.
Sec. 53. Section 657A.10A, subsections 4 and 5, Code 2015,
are amended to read as follows:
4. In lieu of the considerations in subsection 3, if the
city can establish to the court's satisfaction that all parties
with an interest in the property have received proper notice
and either consented to the entry of an order awarding title
to the property to the city or did not make a good faith
good=faith effort to comply with the order of the local housing
or building code official within sixty days after the filing
of the petition, the court shall enter judgment against the
respondents granting the city title to the property.
5. If the court determines that the property has been
abandoned or that subsection 4 applies, the court shall enter
judgment and order awarding title to the city. The title
awarded to the city shall be free and clear of any claims,
liens, or encumbrances held by the respondents.
DIVISION VII
CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
PROVISIONS
Sec. 54. EFFECTIVE UPON ENACTMENT. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, takes effect upon enactment.
Sec. 55. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, applies retroactively to July 1, 2015.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 499, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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