House
Study
Bill
667
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
SANDS)
A
BILL
FOR
An
Act
relating
to
funding
of
unified
law
enforcement
1
districts,
legalizing
certain
district
budgets,
and
2
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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5371YC
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Section
1.
Section
28E.23,
subsection
1,
Code
2014,
is
1
amended
to
read
as
follows:
2
1.
The
public
safety
commission,
on
or
before
January
10
3
of
each
year,
shall
make
an
estimate
of
the
total
amount
of
4
revenue
deemed
necessary
for
operation
of
the
district
and,
5
in
conjunction
with
the
county
board
of
supervisors
and
city
6
councils
in
the
district,
determine
the
amounts
which
will
be
7
contributed
by
the
county
and
by
each
city
in
the
district
8
from
its
general
fund
which
are
based
upon
an
average
of
9
revenues
raised
for
law
enforcement
purposes
in
the
county
10
or
city
for
the
three
previous
years.
As
an
alternative
to
11
computing
average
revenues
raised
for
law
enforcement
purposes
12
for
the
three
previous
years,
a
public
safety
commission,
in
13
conjunction
with
the
county
board
of
supervisors
and
city
14
councils
in
the
district,
may
calculate
the
average
by
using
15
the
amounts
budgeted
for
the
three
previous
fiscal
years.
16
The
average
of
the
amounts
budgeted
for
the
three
previous
17
fiscal
years
may
be
adjusted
by
a
percentage
not
to
exceed
the
18
percentage
increase
in
the
consumer
price
index
for
all
urban
19
consumers
for
the
last
available
twelve-month
period
published
20
in
the
federal
register
by
the
federal
department
of
labor,
21
bureau
of
labor
statistics.
22
Sec.
2.
Section
28E.23,
subsection
2,
Code
2014,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
c.
Any
other
method
agreed
to
by
each
25
city
and
county
member
of
the
district.
The
public
safety
26
commission
shall
compute
the
amount
of
revenue
deemed
necessary
27
for
the
operation
of
the
district
and
the
amounts
to
be
28
contributed
by
the
county
and
by
each
city
in
the
district
29
based
upon
such
agreement.
The
computation
of
revenue
under
30
this
paragraph
shall
be
certified,
deposited,
and
otherwise
31
treated
the
same
as
an
average
of
revenues
under
section
32
28E.24
for
all
purposes,
including
determining
the
source
33
of
additional
revenues
needed
for
unified
law
enforcement
34
services.
If
the
method
of
funding
allowed
in
this
paragraph
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is
used,
any
requirement
relating
to
average
revenues
raised
1
for
law
enforcement
purposes
for
the
three
previous
years
in
2
this
section,
section
28E.22,
subsection
4,
or
section
28E.24,
3
shall
not
apply.
4
Sec.
3.
NEW
SECTION
.
28E.28C
Legalization
of
budgets.
5
Unified
law
enforcement
district
budgets
and
the
budgets
6
of
each
member
of
the
district
that
have
been
certified
by
7
the
department
of
management
for
the
fiscal
period
beginning
8
on
or
after
July
1,
1976,
and
ending
June
30,
2014,
or
have
9
been
appealed
to
and
sustained
by
the
state
appeal
board
for
10
the
fiscal
period
beginning
on
or
after
July
1,
1976,
and
11
ending
June
30,
2014,
are
hereby
legalized
and
deemed
valid
as
12
to
those
parts
of
such
budgets
related
to
the
funding
of
the
13
district.
14
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
Sec.
5.
APPLICABILITY.
The
following
provision
or
17
provisions
of
this
Act
apply
to
fiscal
years
beginning
on
or
18
after
July
1,
2014:
19
1.
The
section
of
this
Act
amending
section
28E.23,
20
subsection
1.
21
2.
The
section
of
this
Act
amending
section
28E.23,
22
subsection
2.
23
Sec.
6.
RETROACTIVE
APPLICABILITY.
The
following
provision
24
or
provisions
of
this
Act
apply
retroactively
to
July
1,
1976:
25
1.
The
section
of
this
Act
enacting
section
28E.28C.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
funding
of
unified
law
enforcement
30
districts.
31
Currently,
a
district
makes
an
annual
determination
of
32
revenue
deemed
necessary
for
operation
based
on
an
average
of
33
revenues
raised
for
law
enforcement
purposes
by
the
county
and
34
cities
located
in
the
district
for
the
three
previous
years.
35
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The
bill
allows
an
alternative
computation
of
averaging
the
1
budgeted
amount
for
the
three
previous
fiscal
years
with
a
2
percentage
adjustment
not
to
exceed
the
percentage
increase
in
3
the
consumer
price
index
for
all
urban
consumers
for
the
most
4
recently
published
12-month
period.
This
provision
applies
to
5
budget
years
beginning
on
or
after
July
1,
2014.
6
Currently,
a
district
making
its
annual
determination
of
7
revenue
deemed
necessary
for
operation
can
make
the
computation
8
based
on
one
of
two
methods.
The
bill
adds
a
third
method
9
that
allows
the
members
of
the
district
to
devise
their
own
10
computation
method
provided
that
each
city
and
county
member
11
of
the
district
agrees
to
the
method.
If
this
new
method
12
is
selected
and
approved
by
the
members
of
the
district,
13
requirements
in
Code
chapter
28E
relating
to
average
revenues
14
raised
for
law
enforcement
purposes
for
the
three
previous
15
years
do
not
apply.
This
provision
applies
to
budget
years
16
beginning
on
or
after
July
1,
2014.
17
The
bill
provides
that
the
budget
of
a
district
and
the
18
budget
of
each
member
of
the
district
that
has
been
certified
19
by
the
department
of
management
or
has
been
appealed
to
and
20
sustained
by
the
state
appeal
board
for
the
fiscal
period
21
beginning
on
July
1,
1976,
and
ending
June
30,
2014,
is
22
legalized
and
deemed
valid
as
to
that
part
of
the
budget
23
related
to
the
funding
of
the
district
during
that
fiscal
24
period.
This
provision
applies
retroactively
to
July
1,
1976.
25
The
bill
takes
effect
upon
enactment.
26
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