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 TLSB 5371YC (3) 85 tm/sc
H.F. _____ 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 35 -1- LSB 5371YC (3) 85 tm/sc 1/ 3
H.F. _____ 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 -2- LSB 5371YC (3) 85 tm/sc 2/ 3
H.F. _____ 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 -3- LSB 5371YC (3) 85 tm/sc 3/ 3