SF 180 (LSB 1538SV (1) 87)

SENATE FILE 180

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 1026)

A BILL FOR

An Act relating to the powers and programs of the economic development authority, including apprentice eligibility under the apprenticeship training program, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 15.106A, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The general assembly finds and declares the following:
   a.  That through this section and section 15.106B, the authority has been granted broad general powers and specific program powers over all of the authority’s statutory programs, including but not limited to the programs created pursuant to chapters 15, 15A, 15B, 15E, and 15J.
   b.  That the broad general powers and the specific program powers described in paragraph “a” of this subsection and subsection 1, paragraph “m”, specifically include the power to interpret any rules adopted by the authority for the administration of the programs referenced in paragraph “a”.
    Sec. 2.  Section 15B.2, subsection 1, Code 2017, is amended to read as follows:
   1.  “Apprentice” means a person who is at least sixteen years of age, except where a higher minimum age is required by law, who is employed in an apprenticeable occupation, who is a resident of the state of Iowa, and is registered in Iowa with the United States department of labor, office of apprenticeship.
    Sec. 3.  LEGISLATIVE FINDINGS AND PURPOSE.
   1.  The general assembly finds and declares the following:
   a.  That the state of Iowa faces a critical shortage of skilled workers.
   b.  That the apprenticeship training program established in chapter 15B is intended to improve the skills of Iowa’s workforce and increase the amount of available Iowa workers for certain in-demand occupations.
   c.  That the amount of financial assistance available under the program should be calculated solely based on the number of apprentices who are Iowa residents because Iowa residency is an efficient method of defining the Iowa workforce.
   d.  That calculating financial assistance under the program solely based on Iowa residency in order to improve Iowa’s workforce is a legitimate governmental purpose.
   e.  That the financial assistance available under the program is intended to be a statutory benefit and that the statute is not intended to bind the state either by creating a contractual right or a vested right.
   2.  The general assembly further declares that the purposes of this Act are to clarify the legislative intent in enacting chapters 15 and 15B and to cure any unforeseen defect or ambiguity in the administration of the authority’s programs.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  RETROACTIVE APPLICABILITY.
   1.  The section of this Act amending section 15.106A applies retroactively to July 1, 2011.
   2.  The section of this Act amending section 15B.2 applies retroactively to July 1, 2015.
   3.  The section of this Act relating to legislative findings and purpose applies retroactively to July 1, 2015.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the powers and programs of the economic development authority, including apprentice eligibility for purposes of calculating financial assistance awards under the apprenticeship training program.
   The bill provides a finding of the general assembly that the economic development authority has been granted broad general powers and specific program powers over all of the authority’s statutory programs, including but not limited to the programs created pursuant to Code chapters 15, 15A, 15B, 15E, and 15J. Under the bill, the general assembly also declares that the broad general powers and the specific program powers specifically include the power to interpret any rules adopted by the authority for the administration of authority programs.
   Relating to the apprenticeship training program, the bill requires that a person be an Iowa resident to qualify as an apprentice under the program for purposes of calculating financial assistance awards under the program.
   The bill takes effect upon enactment. Under the bill, codified provisions related to legislative findings and declarations of purpose are retroactive to July 1, 2011, and session law provisions related to legislative findings and purpose apply retroactively to July 1, 2015.