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PAG LIN 1 1 Section 1. Section 7I.1, subsection 5, Code 1999, is 1 2 amended to read as follows: 1 3 5. "Iowa empowerment board" or "Iowa board" means the Iowa 1 4 empowerment board created inthis chaptersection 7I.2. 1 5 Sec. 2. NEW SECTION. 7I.1A PURPOSE AND SCOPE. 1 6 1. The purpose of creating the community empowerment 1 7 initiative is to empower individuals and their communities to 1 8 achieve desired results for improving the quality of life in 1 9 the communities in this state. It is expected that the 1 10 empowerment of individuals will strengthen the individuals' 1 11 sense of responsibility for their neighbors and promote 1 12 partnerships in order for all to succeed. It is believed that 1 13 the desired results identified by individuals and their 1 14 communities, with the support of the state, will be achieved 1 15 as individuals, governments, and agencies work collaboratively 1 16 within communities. It is believed that local individuals in 1 17 local communities working together will identify and implement 1 18 the best means for attaining the desired results for 1 19 themselves and their neighbors. The role of the Iowa 1 20 empowerment board, the state, and local governments is to 1 21 support and facilitate growth of individual and community 1 22 responsibility in place of the directive role that the public 1 23 has come to expect of government. 1 24 2. It is intended that through the community empowerment 1 25 initiative, by June 30, 2005, every community in Iowa will 1 26 have developed the capacity and commitment for using local 1 27 decision making to achieve the following initial set of 1 28 desired results: 1 29 a. Healthy children. 1 30 b. Children ready to succeed in school. 1 31 c. Safe and supportive communities. 1 32 d. Secure and nurturing families. 1 33 e. Secure and nurturing child care environments. 1 34 3. To achieve the initial set of desired results, the 1 35 initiative's primary focus shall first be on the efforts of 2 1 the state and communities to work together to improve the 2 2 efficiency and effectiveness of education, health, and human 2 3 services provided to families with children from birth through 2 4 age five years. 2 5 4. It is anticipated that the scope of the initiative will 2 6 expand as additional desired results are identified and agreed 2 7 upon by communities and the state. It is the intent of the 2 8 general assembly to identify from time to time the additional 2 9 desired results in statute. 2 10 Sec. 3. Section 7I.2, subsections 1 and 2, Code 1999, are 2 11 amended to read as follows: 2 12 1. An Iowa empowerment board is created tooversee2 13 facilitate state and community efforts involving community 2 14 empowerment areas, including strategic planning, funding 2 15 identification, and guidance, and to promote collaboration 2 16 among state and local education, health, and human services 2 17 programs. 2 18 2. The Iowa board shall consist ofelevenfifteen voting 2 19 members witheighttwelve citizen members and three state 2 20 agency members. The three state agency members shall be the 2 21 directors of the following departments: education, human 2 22 services, and public health. The twelve citizen members shall 2 23 be appointed by the governor, subject to confirmation by the 2 24 senate. The governor's appointments of citizen members shall 2 25 be made in a manner so thatalleach of the state's 2 26 congressional districtsareis representedalong withby two 2 27 citizen members and so that all the appointments as a whole 2 28 reflect the ethnic, cultural, social, and economic diversity 2 29 of the state.In making appointments, preference shall be2 30givento citizens participating on aThe governor's appointees 2 31 shall be selected from individuals nominated by community 2 32 empowerment areaboardboards. The nominations shall reflect 2 33 the range of interests represented on the community boards so 2 34 that the governor is able to appoint one or more members each 2 35 for education, health, human services, business, faith, and 3 1 public interests. At least one of the citizen members shall 3 2 be a service consumer or the parent of a service consumer. 3 3 Terms of office of all citizen members are three years. A 3 4 vacancy on the board shall be filled in the same manner as the 3 5 original appointment for the balance of the unexpired term. 3 6 Sec. 4. Section 7I.2, subsection 4, Code 1999, is amended 3 7 to read as follows: 3 8 4. In addition to theelevenvoting members, the Iowa 3 9 board shall include six members of the general assembly with 3 10 not more than two members from each chamber being from the 3 11 same political party. The three senators shall be appointed 3 12 by the majority leader of the senate after consultation with 3 13 the president of the senate and the minority leader of the 3 14 senate. The three representatives shall be appointed by the 3 15 speaker of the house of representatives after consultation 3 16 with the majority and minority leaders of the house of 3 17 representatives. Legislative members shall serve in an ex 3 18 officio, nonvoting capacity. A legislative member is eligible 3 19 for per diem and expenses as provided in section 2.10. 3 20 Sec. 5. Section 7I.2, subsection 5, unnumbered paragraph 3 21 1, Code 1999, is amended to read as follows: 3 22The Iowa board shall designate aA community empowerment 3 23 assistance team or teams of state agency staff shall be 3 24 designated to provide technical assistance and other support 3 25 to community empowerment areas. A regional technical 3 26 assistance system shall be developed using local staff of the 3 27 state agencies represented on the Iowa board and other state 3 28 agencies and individuals involved with local community 3 29 empowerment areas. The technical assistance shall be 3 30 available in at least three levels of support as follows: 3 31 Sec. 6. Section 7I.2, subsection 6, Code 1999, is amended 3 32 to read as follows: 3 33 6. a. Staffing services to the Iowa board shall be 3 34 provided by the state agencies which are represented on the 3 35 Iowa board and by other state agencies making staffing 4 1 available to the Iowa board. 4 2 b. In addition, a community empowerment office is 4 3 established as a division of the department of management to 4 4 provide a center for facilitation, communication, and 4 5 coordination for community empowerment activities and funding. 4 6 Staffing for the community empowerment office shall be 4 7 provided by a facilitator appointed by the governor, subject 4 8 to confirmation by the senate, and who serves at the pleasure 4 9 of the governor. A deputy and support staff may be 4 10 designated, subject to appropriation made for this purpose. 4 11 The facilitator shall submit reports to the governor, the Iowa 4 12 board, and the general assembly. The facilitator shall 4 13 provide primary staffing to the board, coordinate state 4 14 technical assistance activities and implementation of the 4 15 regional technical assistance system, and other communication 4 16 and coordination functions to move authority and decision- 4 17 making responsibilities from the state to communities and 4 18 individuals. 4 19 Sec. 7. Section 7I.3, subsection 2, Code 1999, is amended 4 20 to read as follows: 4 21 2.OverseeManage and coordinate the provision of grant 4 22 funding and other moneys made available to community 4 23 empowerment areas by combining all or portions of 4 24 appropriations or other revenues as authorized by law. 4 25 Sec. 8. Section 7I.3, Code 1999, is amended by adding the 4 26 following new subsections: 4 27 NEW SUBSECTION. 10. Implement a process for community 4 28 empowerment areas to identify desired results for improving 4 29 the quality of life in this state. The process shall allow 4 30 for consideration of updates, additions, and deletions on a 4 31 regular basis. The identified desired results shall be 4 32 submitted to the governor and general assembly. 4 33 NEW SUBSECTION. 11. Develop guidelines for recommended 4 34 coverage and take other actions to assist community 4 35 empowerment area boards in acquiring necessary insurance or 5 1 other liability coverage at a reasonable cost. 5 2 NEW SUBSECTION. 12. a. With extensive community 5 3 involvement, develop and annually update a five-year plan for 5 4 consolidating, blending, and redistributing state-administered 5 5 funding streams for children from birth through age five made 5 6 available to community empowerment area boards. 5 7 b. With extensive community involvement, develop and 5 8 annually update a ten-year plan for consolidating, blending, 5 9 and redistributing state-administered funding streams for 5 10 other age groups made available to community empowerment area 5 11 boards. 5 12 c. Submit plans and plan updates developed under 5 13 paragraphs "a" and "b" to the community empowerment areas, the 5 14 governor, and the general assembly annually in December. 5 15 d. It is the intent of the general assembly that the 5 16 following funding streams be made available to community 5 17 empowerment areas on or before the indicated fiscal year: 5 18 (1) Moneys for home visitation and parent support annually 5 19 appropriated to the Iowa department of public health and 5 20 distributed through the healthy families Iowa program under 5 21 section 135.106 by the fiscal year beginning July 1, 2000, and 5 22 ending June 30, 2001. 5 23 (2) Moneys for parent education appropriated in section 5 24 279.51 and distributed through the child development 5 25 coordinating council, by the fiscal year beginning July 1, 5 26 2000, and ending June 30, 2001. 5 27 (3) Moneys for the preschool children at-risk program 5 28 appropriated in section 279.51 and distributed through the 5 29 child development coordinating council, by the fiscal year 5 30 beginning July 1, 2001, and ending June 30, 2002. 5 31 (4) Moneys for home visitation and parent support annually 5 32 appropriated to the department of human services and 5 33 distributed or expended through child abuse prevention grants 5 34 and the family preservation program, by the fiscal year 5 35 beginning July 1, 2000, and ending June 30, 2001. 6 1 Sec. 9. Section 7I.5, subsection 1, Code 1999, is amended 6 2 by striking the subsection and inserting in lieu thereof the 6 3 following: 6 4 1. a. Community empowerment area functions shall be 6 5 performed under the authority of a community empowerment area 6 6 board. A majority of the members of a community board shall 6 7 be members of the public who are not employed by government or 6 8 a service provider and elected officials, and the remaining 6 9 members may be employees of government or a service provider 6 10 or otherwise serving on the community empowerment board as 6 11 part of their employment responsibilities. At least one 6 12 member shall be a service consumer or the parent of a service 6 13 consumer. Terms of office of community board members shall be 6 14 three years. The membership of a community empowerment area 6 15 board shall include members with education, health, human 6 16 services, business, faith, and public interests. 6 17 b. If a disagreement arises within a community empowerment 6 18 area regarding the interests represented on the community 6 19 board, board decisions, or other disputes that cannot be 6 20 locally resolved, upon request, state or regional technical 6 21 assistance may be provided to assist the area in resolving the 6 22 disagreement. 6 23 Sec. 10. Section 7I.5, Code 1999, is amended by adding the 6 24 following new subsection: 6 25 NEW SUBSECTION. 5. A community empowerment area board is 6 26 a unit of local government for purposes of chapter 670, 6 27 relating to tort liability of governmental subdivisions. For 6 28 purposes of implementing a formal organizational structure, a 6 29 community empowerment board may utilize recommended guidelines 6 30 and bylaws established for this purpose by the Iowa board. 6 31 All meetings of a community empowerment area board or any 6 32 committee or other body established by a community board at 6 33 which public business is discussed or formal action taken 6 34 shall comply with the requirements of chapter 21. A community 6 35 board shall maintain its records in accordance with chapter 7 1 22. 7 2 Sec. 11. Section 7I.6, subsection 1, paragraph a, Code 7 3 1999, is amended to read as follows: 7 4 a. Designate a public agency of this state, as defined in 7 5 section 28E.2, a community action agency as defined in section 7 6 216A.91, or nonprofit corporation, to be the fiscal agent for 7 7 grant moneys and for other moneys administered by the 7 8 community board. 7 9 Sec. 12. Section 7I.7, subsection 5, paragraphs b and c, 7 10 Code 1999, are amended to read as follows: 7 11 b. The Iowaempowermentboard shall distribute school 7 12 ready children grant moneys to community boards with approved 7 13 comprehensive school ready children grant plans based uponthe7 14degreea determination of readiness of the community 7 15 empowerment area to effectively utilize the moneys, with the 7 16 grant moneys being adjusted for other federal and state grant 7 17 moneys to be received by the area for services to children 7 18 from birth through five years of age. 7 19 c. A community board'sdegree ofreadiness shall be 7 20 ascertained by evidence of successful collaboration among 7 21 public or private education, human services, or health 7 22 interests or a documented program design evincing a strong 7 23 likelihood of leading to a successful collaboration between 7 24 these interests. Other criteria which may be used by the Iowa 7 25 board to ascertaindegree ofreadiness and to determine 7 26 funding amounts include one or more of the following: 7 27 (1) Experience or other evidence of capacity to 7 28 successfully implement the services in the plan. 7 29 (2) Local funding and other resources committed to 7 30 implementation of the plan. 7 31 (3) Adequacy of plans for commitment of local funding and 7 32 other resources for implementation of the plan. 7 33 Sec. 13. Section 7I.8, Code 1999, is amended by adding the 7 34 following new subsection: 7 35 NEW SUBSECTION. 4. Unless a different amount is 8 1 authorized by law, up to three percent, not to exceed sixty 8 2 thousand dollars, of the moneys distributed under the auspices 8 3 of the Iowa board to a community empowerment area board may be 8 4 used by the community board for administrative costs and other 8 5 implementation expenses. 8 6 Sec. 14. Section 232.188, Code 1999, is amended by adding 8 7 the following new subsection: 8 8 NEW SUBSECTION. 8. A decategorization governance board 8 9 shall coordinate the board's planning and budgeting activities 8 10 with the community empowerment area board for the community 8 11 empowerment area within which the decategorization county is 8 12 located. 8 13 Sec. 15. FUNDING FORMULA. 8 14 1. The Iowa empowerment board shall develop a distribution 8 15 formula for allocation of school ready children grant funding 8 16 to new applicants and to applicants for renewal following 8 17 expiration of the original grants' funding period. The 8 18 distribution formula shall provide for an initial statewide 8 19 allocation of the funding among the geographic areas 8 20 represented by county and school district political 8 21 subdivisions. The initial allocation shall be based upon the 8 22 political subdivision area's relative proportion of the 8 23 state's general population and population of children 8 24 qualifying for free or reduced-price school lunches, plus a 8 25 base amount for each political subdivision area. A community 8 26 empowerment area board may apply for the initial allocation 8 27 amount or amounts attributable to the community empowerment 8 28 area covered by that board. 8 29 2. The Iowa empowerment board shall submit its recommended 8 30 funding formula to the governor and general assembly by 8 31 December 15, 1999, so that a formula may be enacted to be 8 32 first applicable to the fiscal year beginning July 1, 2000. 8 33 Notwithstanding section 7I.7, subsection 5, the duration of 8 34 any school ready children grant awarded on or after the 8 35 effective date of this Act, shall not be for a three-year 9 1 period but shall be adjusted so that renewal of the grant will 9 2 be subject to the funding allocation formula to be first 9 3 applicable to the fiscal year beginning July 1, 2000. 9 4 Sec. 16. DIRECTIONS TO CODE EDITOR. The Iowa Code editor 9 5 shall transfer chapter 7I, as amended by this or any other 9 6 enactment of the Seventy-eighth General Assembly, 1999 9 7 Session, to be placed in or near chapter 28L and shall correct 9 8 internal references as necessary. 9 9 Sec. 17. EFFECTIVE DATE AND TRANSITION PROVISIONS. 9 10 1. This Act, being deemed of immediate importance, takes 9 11 effect upon enactment. 9 12 2. The governor's appointments of four additional citizen 9 13 members shall be made from community empowerment area board 9 14 nominees in a manner so as to ensure that each congressional 9 15 district is represented by at least two citizen members. The 9 16 initial terms of the four additional members shall be 9 17 staggered so that not more than four members' terms expire in 9 18 any one year. The appointments shall be made within sixty 9 19 calendar days of the effective date of this Act. 9 20 EXPLANATION 9 21 This bill relates to the Iowa community empowerment Act, 9 22 the Iowa empowerment board, and related provisions. 9 23 New Code section 7I.1A states the purpose of the community 9 24 empowerment initiative and provides an initial set of desired 9 25 results. In addition, the roles of communities and the state 9 26 in achieving the purpose and desired results are explained. 9 27 Code section 7I.2, relating to the Iowa empowerment board, 9 28 is amended to make the board's purpose as facilitating rather 9 29 than overseeing and to add additional voting members. The 9 30 number of citizen members appointed by the governor is 9 31 increased from eight to 12. The governor's appointments are 9 32 to be selected from individuals nominated by community 9 33 empowerment area boards. The nominations are to be made to 9 34 reflect the education, health, human services, business, 9 35 faith, and public interests represented on the community 10 1 boards. Each of those interests is to be represented by at 10 2 least one citizen member. The bill provides that a vacancy on 10 3 the board is to be filled for the balance of the unexpired 10 4 term. 10 5 Code section 7I.2 requirements for technical assistance are 10 6 amended to establish a regional system for technical 10 7 assistance using local staff of agencies represented on the 10 8 board, other local staff of state agencies, and individuals 10 9 involved with local community empowerment areas. 10 10 The authority of the Iowa board to oversee various 10 11 functions under Code sections 7I.2 and 7I.3 is changed to 10 12 "facilitate" or "manage" or "coordinate" or a combination of 10 13 the three terms. 10 14 Code section 7I.2 is also amended to establish a community 10 15 empowerment office as part of the department of management and 10 16 to authorize the governor to appoint an administrator, subject 10 17 to confirmation by the senate and for other staffing to be 10 18 designated. Current law already authorizes staffing services 10 19 to be provided by the state agencies represented on the board 10 20 and by other state agencies. The community empowerment office 10 21 administrator is to provide primary staffing to the Iowa 10 22 board, and perform various communication and coordination 10 23 functions at the state and local levels. 10 24 Code section 7I.3, relating to the duties of the Iowa 10 25 empowerment board, is amended to correspond with the statement 10 26 of purpose contained in the bill. The Iowa empowerment board 10 27 is directed to implement a process for community empowerment 10 28 areas to identify desired results for improving the quality of 10 29 life in this state. The process is to allow for consideration 10 30 of updates, additions, and deletions on a regular basis. The 10 31 identified desired results are to be submitted to the governor 10 32 and general assembly. 10 33 Code section 7I.3, relating to the duties of the Iowa 10 34 empowerment board, is also amended to require the board to 10 35 develop guidelines for recommended coverage and take other 11 1 actions to assist community empowerment area boards in 11 2 acquiring necessary insurance or liability coverage at a 11 3 reasonable cost. 11 4 Code section 7I.3 is also amended to require the Iowa board 11 5 to develop, with extensive community involvement, and annually 11 6 update a five-year plan for blending of state funding directed 11 7 to children from birth through age five through community 11 8 empowerment areas and a ten-year plan for similar purposes 11 9 directed to other age groups. Legislative intent is stated to 11 10 begin distributing specified funding through community 11 11 empowerment areas by particular fiscal years. 11 12 The Code section 7I.5 requirements for representation on 11 13 the community empowerment area boards are stricken and 11 14 rewritten. An extensive listing of possible members in 11 15 current law is replaced with required membership of education, 11 16 health, human services, business, faith, and public interests. 11 17 If a disagreement arises within a community empowerment area 11 18 concerning the board membership or decisions that cannot be 11 19 locally resolved, state or regional technical assistance may 11 20 be requested to assist. 11 21 Code section 7I.5, relating to the creation of community 11 22 empowerment boards, is also amended to provide that a 11 23 community empowerment board is a unit of local government for 11 24 purposes of Code chapter 670, which provides for the tort 11 25 liability of local governments. In implementing a formal 11 26 organizational structure, a community board may utilize 11 27 recommended guidelines and bylaws which are to be developed by 11 28 the Iowa empowerment board. The community boards are made 11 29 subject to Code chapter 21, relating to open meetings, and 11 30 Code chapter 22, relating to public records. 11 31 The requirement in Code section 7I.6 for a community board 11 32 to designate a public agency to be the board's fiscal agent is 11 33 expanded to allow a community action agency as defined in Code 11 34 section 216A.91 or a nonprofit corporation to be the fiscal 11 35 agent. 12 1 Code section 7I.7, relating to school ready children 12 2 grants, is amended to remove a requirement for the Iowa 12 3 empowerment board to determine a community's degree of 12 4 readiness to receive a grant. The board still must make a 12 5 determination that an area is ready in order for a grant to be 12 6 awarded. 12 7 Code section 7I.8, relating to the Iowa empowerment fund, 12 8 is amended to allow a community empowerment area to utilize up 12 9 to 3 percent, not to exceed $60,000, of funding made available 12 10 under the auspices of the Iowa board for administrative costs 12 11 or other implementation expenses. 12 12 Current law relating to the duties of a community 12 13 empowerment area board requires the board to coordinate 12 14 planning and budgeting activities with the governing board of 12 15 any child welfare decategorization project in the community 12 16 empowerment area. A corresponding amendment is made to apply 12 17 similar requirements for such governing boards under Code 12 18 section 232.188, relating to child welfare funding 12 19 decategorization. 12 20 The bill directs the Iowa empowerment board to develop a 12 21 recommended funding distribution formula for school ready 12 22 children grants. The formula is to include general population 12 23 and child population factors plus a base amount. The 12 24 recommended formula is to be submitted to the governor and 12 25 general assembly by December 15, 1999. 12 26 The bill directs the Code editor to transfer Code chapter 12 27 7I, as amended by the bill and any other enactment during the 12 28 1999 legislative session, to or near Code chapter 28L. Under 12 29 the organizational structure of the Iowa Code, Code chapter 28 12 30 and the succeeding lettered chapters constitute the joint 12 31 governmental activity subtitle of the state sovereignty and 12 32 management title. 12 33 The additional members of the Iowa empowerment board are to 12 34 be appointed from community empowerment area board nominees in 12 35 a manner so that each congressional district is represented by 13 1 at least two citizen members appointed by the governor. These 13 2 appointments are also to be made within 60 calendar days of 13 3 the effective date of the bill. 13 4 The bill takes effect upon enactment. 13 5 LSB 3005HV 78 13 6 jp/gg/8
Text: HF00729 Text: HF00731 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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