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PAG LIN 1 1 SENATE FILE 439 1 2 1 3 AN ACT 1 4 RELATING TO THE IOWA COMMUNITY EMPOWERMENT ACT AND RELATED 1 5 PROVISIONS, AND PROVIDING EFFECTIVE DATES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 7I.1, subsection 5, Code 1999, is 1 10 amended to read as follows: 1 11 5. "Iowa empowerment board" or "Iowa board" means the Iowa 1 12 empowerment board created inthis chaptersection 7I.2. 1 13 Sec. 2. NEW SECTION. 7I.1A PURPOSE AND SCOPE. 1 14 1. The purpose of creating the community empowerment 1 15 initiative is to empower individuals and their communities to 1 16 achieve desired results for improving the quality of life in 1 17 the communities in this state. It is expected that the 1 18 empowerment of individuals will strengthen the individuals' 1 19 sense of responsibility for their neighbors and promote 1 20 partnerships in order for all to succeed. It is believed that 1 21 the desired results identified by individuals and their 1 22 communities, with the support of the state, will be achieved 1 23 as individuals, governments, and agencies work collaboratively 1 24 within communities. It is believed that local individuals in 1 25 local communities working together will identify and implement 1 26 the best means for attaining the desired results for 1 27 themselves and their neighbors. The role of the Iowa 1 28 empowerment board, the state, and local governments is to 1 29 support and facilitate growth of individual and community 1 30 responsibility in place of the directive role that the public 1 31 has come to expect of government. 1 32 2. It is intended that through the community empowerment 1 33 initiative, by June 30, 2005, every community in Iowa will 1 34 have developed the capacity and commitment for using local 1 35 decision making to achieve the following initial set of 2 1 desired results: 2 2 a. Healthy children. 2 3 b. Children ready to succeed in school. 2 4 c. Safe and supportive communities. 2 5 d. Secure and nurturing families. 2 6 e. Secure and nurturing child care environments. 2 7 3. To achieve the initial set of desired results, the 2 8 initiative's primary focus shall first be on the efforts of 2 9 the state and communities to work together to improve the 2 10 efficiency and effectiveness of education, health, and human 2 11 services provided to families with children from birth through 2 12 age five years. 2 13 4. It is anticipated that the scope of the initiative will 2 14 expand as additional desired results are identified and agreed 2 15 upon by communities and the state. It is the intent of the 2 16 general assembly to identify from time to time the additional 2 17 desired results in statute. 2 18 Sec. 3. Section 7I.2, subsections 1 and 2, Code 1999, are 2 19 amended to read as follows: 2 20 1. An Iowa empowerment board is created tooversee2 21 facilitate state and community efforts involving community 2 22 empowerment areas, including strategic planning, funding 2 23 identification, and guidance, and to promote collaboration 2 24 among state and local education, health, and human services 2 25 programs. 2 26 2. The Iowa board shall consist ofelevenfifteen voting 2 27 members witheighttwelve citizen members and three state 2 28 agency members. The three state agency members shall be the 2 29 directors of the following departments: education, human 2 30 services, and public health. The twelve citizen members shall 2 31 be appointed by the governor, subject to confirmation by the 2 32 senate. The governor's appointments of citizen members shall 2 33 be made in a manner so thatalleach of the state's 2 34 congressional districtsareis representedalong withby two 2 35 citizen members and so that all the appointments as a whole 3 1 reflect the ethnic, cultural, social, and economic diversity 3 2 of the state.In making appointments, preference shall be3 3givento citizens participating on aThe governor's appointees 3 4 shall be selected from individuals nominated by community 3 5 empowerment areaboardboards. The nominations shall reflect 3 6 the range of interests represented on the community boards so 3 7 that the governor is able to appoint one or more members each 3 8 for education, health, human services, business, faith, and 3 9 public interests. At least one of the citizen members shall 3 10 be a service consumer or the parent of a service consumer. 3 11 Terms of office of all citizen members are three years. A 3 12 vacancy on the board shall be filled in the same manner as the 3 13 original appointment for the balance of the unexpired term. 3 14 Sec. 4. Section 7I.2, subsection 4, Code 1999, is amended 3 15 to read as follows: 3 16 4. In addition to theelevenvoting members, the Iowa 3 17 board shall include six members of the general assembly with 3 18 not more than two members from each chamber being from the 3 19 same political party. The three senators shall be appointed 3 20 by the majority leader of the senate after consultation with 3 21 the president of the senate and the minority leader of the 3 22 senate. The three representatives shall be appointed by the 3 23 speaker of the house of representatives after consultation 3 24 with the majority and minority leaders of the house of 3 25 representatives. Legislative members shall serve in an ex 3 26 officio, nonvoting capacity. A legislative member is eligible 3 27 for per diem and expenses as provided in section 2.10. 3 28 Sec. 5. Section 7I.2, subsection 5, unnumbered paragraph 3 29 1, Code 1999, is amended to read as follows: 3 30The Iowa board shall designate aA community empowerment 3 31 assistance team or teams of state agencystaffrepresentatives 3 32 shall be designated to provide technical assistance and other 3 33 support to community empowerment areas. A technical 3 34 assistance system shall be developed using local 3 35 representatives of the state agencies represented on the Iowa 4 1 board and other state agencies and individuals involved with 4 2 local community empowerment areas. The technical assistance 4 3 shall be available in at least three levels of support as 4 4 follows: 4 5 Sec. 6. Section 7I.2, subsection 6, Code 1999, is amended 4 6 to read as follows: 4 7 6. a. Staffing services to the Iowa board shall be 4 8 provided by the state agencies which are represented on the 4 9 Iowa board and by other state agencies making staffing 4 10 available to the Iowa board. 4 11 b. In addition, a community empowerment office is 4 12 established as a division of the department of management to 4 13 provide a center for facilitation, communication, and 4 14 coordination for community empowerment activities and funding. 4 15 Staffing for the community empowerment office shall be 4 16 provided by a facilitator appointed by the governor, subject 4 17 to confirmation by the senate, and who serves at the pleasure 4 18 of the governor. A deputy and support staff may be 4 19 designated, subject to appropriation made for this purpose. 4 20 The facilitator shall submit reports to the governor, the Iowa 4 21 board, and the general assembly. The facilitator shall 4 22 provide primary staffing to the board, coordinate state 4 23 technical assistance activities and implementation of the 4 24 technical assistance system, and other communication and 4 25 coordination functions to move authority and decision-making 4 26 responsibility from the state to communities and individuals. 4 27 Sec. 7. Section 7I.3, subsection 2, Code 1999, is amended 4 28 to read as follows: 4 29 2.OverseeManage and coordinate the provision of grant 4 30 funding and other moneys made available to community 4 31 empowerment areas by combining all or portions of 4 32 appropriations or other revenues as authorized by law. 4 33 Sec. 8. Section 7I.3, subsection 9, Code 1999, is amended 4 34 by adding the following new paragraph: 4 35 NEW PARAGRAPH. c. Core functions for home visitation, 5 1 parent support, and preschool services provided under a school 5 2 ready children grant. 5 3 Sec. 9. Section 7I.3, Code 1999, is amended by adding the 5 4 following new subsections: 5 5 NEW SUBSECTION. 10. Implement a process for community 5 6 empowerment areas to identify desired results for improving 5 7 the quality of life in this state. The process shall allow 5 8 for consideration of updates, additions, and deletions on a 5 9 regular basis. The identified desired results shall be 5 10 submitted to the governor and general assembly. 5 11 NEW SUBSECTION. 11. Develop guidelines for recommended 5 12 coverage and take other actions to assist community 5 13 empowerment area boards in acquiring necessary insurance or 5 14 other liability coverage at a reasonable cost. Moneys 5 15 expended by a community empowerment area board to acquire 5 16 necessary insurance or other liability coverage shall be 5 17 considered an administrative cost and implementation expense. 5 18 NEW SUBSECTION. 12. a. With extensive community 5 19 involvement, develop and annually update a five-year plan for 5 20 consolidating, blending, and redistributing state-administered 5 21 funding streams for children from birth through age five made 5 22 available to community empowerment area boards. 5 23 b. With extensive community involvement, develop and 5 24 annually update a ten-year plan for consolidating, blending, 5 25 and redistributing state-administered funding streams for 5 26 other age groups made available to community empowerment area 5 27 boards. The focus for the early years of the initial ten-year 5 28 plan shall be on the efforts of the Iowa board and affected 5 29 state agencies to facilitate implementation of individual 5 30 community empowerment area board requests for pooling, 5 31 consolidating, blending, and redistributing state-administered 5 32 funding streams for other age groups. 5 33 c. Submit plans and plan updates developed under 5 34 paragraphs "a" and "b" to the community empowerment areas, the 5 35 governor, and the general assembly annually in December. 6 1 d. The Iowa empowerment board shall regularly make 6 2 information available identifying community empowerment 6 3 funding and funding distributed through the funding streams 6 4 listed under this paragraph "d" to communities. It is the 6 5 intent of the general assembly that the community empowerment 6 6 area boards and the administrators of the programs located 6 7 within the community empowerment areas that are supported by 6 8 the listed funding streams shall fully cooperate with one 6 9 another on or before the indicated fiscal years, in order to 6 10 avoid duplication, enhance efforts, combine planning, and take 6 11 other steps to best utilize the funding to meet the needs of 6 12 the families in the areas. The community empowerment area 6 13 boards and the administrators shall annually submit a report 6 14 concerning such efforts to the community empowerment office. 6 15 If a community empowerment area is receiving a school ready 6 16 children grant, this report shall be an addendum to the annual 6 17 report required under section 7I.7. The state community 6 18 empowerment facilitator shall compile and summarize the 6 19 reports which shall be submitted to the governor, general 6 20 assembly, and Iowa board. The funding streams shall include 6 21 all of the following: 6 22 (1) Moneys for the healthy families Iowa program under 6 23 section 135.106 by the fiscal year beginning July 1, 2000, and 6 24 ending June 30, 2001. 6 25 (2) Moneys for parent education appropriated in section 6 26 279.51 and distributed through the child development 6 27 coordinating council, by the fiscal year beginning July 1, 6 28 2000, and ending June 30, 2001. 6 29 (3) Moneys for the preschool children at-risk program 6 30 appropriated in section 279.51 and distributed through the 6 31 child development coordinating council, by the fiscal year 6 32 beginning July 1, 2001, and ending June 30, 2002. 6 33 (4) Moneys for home visitation and parent support annually 6 34 appropriated to the department of human services and 6 35 distributed or expended through child abuse prevention grants 7 1 and the family preservation program, by the fiscal year 7 2 beginning July 1, 2000, and ending June 30, 2001. 7 3 Sec. 10. Section 7I.5, subsection 1, Code 1999, is amended 7 4 by striking the subsection and inserting in lieu thereof the 7 5 following: 7 6 1. a. Community empowerment area functions shall be 7 7 performed under the authority of a community empowerment area 7 8 board. A majority of the members of a community board shall 7 9 be elected officials and members of the public who are not 7 10 employed by a provider of services to or for the community 7 11 board. At least one member shall be a service consumer or the 7 12 parent of a service consumer. Terms of office of community 7 13 board members shall be not more than three years and the terms 7 14 shall be staggered. The membership of a community empowerment 7 15 area board shall include members with education, health, human 7 16 services, business, faith, and public interests. 7 17 b. If a disagreement arises within a community empowerment 7 18 area regarding the interests represented on the community 7 19 board, board decisions, or other disputes that cannot be 7 20 locally resolved, upon request, state or regional technical 7 21 assistance may be provided to assist the area in resolving the 7 22 disagreement. 7 23 Sec. 11. Section 7I.5, Code 1999, is amended by adding the 7 24 following new subsection: 7 25 NEW SUBSECTION. 5. A community empowerment area board is 7 26 a unit of local government for purposes of chapter 670, 7 27 relating to tort liability of governmental subdivisions. For 7 28 purposes of implementing a formal organizational structure, a 7 29 community empowerment board may utilize recommended guidelines 7 30 and bylaws established for this purpose by the Iowa board. 7 31 All meetings of a community empowerment area board or any 7 32 committee or other body established by a community board at 7 33 which public business is discussed or formal action taken 7 34 shall comply with the requirements of chapter 21. A community 7 35 board shall maintain its records in accordance with chapter 8 1 22. 8 2 Sec. 12. Section 7I.6, subsection 1, paragraph a, Code 8 3 1999, is amended to read as follows: 8 4 a. Designate a public agency of this state, as defined in 8 5 section 28E.2, a community action agency as defined in section 8 6 216A.91, or nonprofit corporation, to be the fiscal agent for 8 7 grant moneys and for other moneys administered by the 8 8 community board. 8 9 Sec. 13. Section 7I.7, subsection 5, paragraphs b and c, 8 10 Code 1999, are amended to read as follows: 8 11 b. The Iowaempowermentboard shall distribute school 8 12 ready children grant moneys to community boards with approved 8 13 comprehensive school ready children grant plans based uponthe8 14degreea determination of readiness of the community 8 15 empowerment area to effectively utilize the moneys, with the 8 16 grant moneys being adjusted for other federal and state grant 8 17 moneys to be received by the area for services to children 8 18 from birth through five years of age. 8 19 c. A community board'sdegree ofreadiness shall be 8 20 ascertained by evidence of successful collaboration among 8 21 public or private education, human services, or health 8 22 interests or a documented program design evincing a strong 8 23 likelihood of leading to a successful collaboration between 8 24 these interests. Other criteria which may be used by the Iowa 8 25 board to ascertaindegree ofreadiness and to determine 8 26 funding amounts include one or more of the following: 8 27 (1) Experience or other evidence of capacity to 8 28 successfully implement the services in the plan. 8 29 (2) Local public and private funding and other resources 8 30 committed to implementation of the plan. 8 31 (3) Adequacy of plans for commitment of local funding and 8 32 other resources for implementation of the plan. 8 33 Sec. 14. Section 7I.8, subsection 3, Code 1999, is amended 8 34 to read as follows: 8 35 3. An early childhood programs grant account is created in 9 1 the Iowa empowerment fund under the authority of the director 9 2 of human services. Moneys credited to the account shall be 9 3 distributed by the department of human services in the form of 9 4 grants to community empowerment areas pursuant to criteria 9 5 established by the Iowa board in accordance with law. The 9 6 criteria shall include but are not limited to a requirement 9 7 that a community empowerment area must beeligible to receive9 8a school ready children grantdesignated by the Iowa board in 9 9 accordance with section 7I.4, in order to be eligible to 9 10 receive an early childhood programs grant. 9 11 Sec. 15. Section 7I.8, Code 1999, is amended by adding the 9 12 following new subsection: 9 13 NEW SUBSECTION. 4. Beginning July 1, 1999, unless a 9 14 different amount is authorized by law, up to three percent, 9 15 not to exceed sixty thousand dollars, of the school ready 9 16 children grant moneys distributed under the auspices of the 9 17 Iowa board to a community empowerment area board may be used 9 18 by the community board for administrative costs and other 9 19 implementation expenses. 9 20 Sec. 16. Section 232.188, Code 1999, is amended by adding 9 21 the following new subsection: 9 22 NEW SUBSECTION. 8. A decategorization governance board 9 23 shall coordinate the board's planning and budgeting activities 9 24 with the community empowerment area board for the community 9 25 empowerment area within which the decategorization county is 9 26 located. 9 27 Sec. 17. 1999 Iowa Acts, House File 760, section 2, 9 28 subsection 1, paragraphs a and b, if enacted, are amended to 9 29 read as follows: 9 30 a. The area must beapproveddesignated as a community 9 31 empowerment area by the Iowa empowerment board in accordance 9 32 with section 7I.4. 9 33 b. The maximum funding amount a designated community 9 34 empowerment area is eligible to receive shall be determined by 9 35 applying the area's percentage of the state's average monthly 10 1 family investment program population in the preceding fiscal 10 2 year to the total amount appropriated in this section for 10 3 fiscal year 1999-2000. Ifthea community empowerment board's 10 4 request forfundingofficial designation is received by the 10 5 Iowa empowerment board on or afterAugustSeptember 1, 1999, 10 6 upon designation, the maximum funding amount shall be prorated 10 7 for the fiscal year and rounded up to the nearest full month. 10 8 The department of human services may adopt emergency rules to 10 9 implement the provisions of this paragraph and the amendment 10 10 in 1999 Iowa Acts, Senate File 439, to section 7I.8, 10 11 subsection 3, if enacted. 10 12 Sec. 18. FUNDING FORMULA. 10 13 1. The Iowa empowerment board shall develop a distribution 10 14 formula for allocation of school ready children grant funding 10 15 to new applicants and to applicants for renewal following 10 16 expiration of the original grants' funding period. The 10 17 distribution formula shall provide for an initial statewide 10 18 allocation of the funding among the geographic areas 10 19 represented by county and school district political 10 20 subdivisions. The initial allocation shall be based upon the 10 21 political subdivision area's relative proportion of the 10 22 state's general population and population of children 10 23 qualifying for free or reduced-price school lunches, plus a 10 24 base amount for each political subdivision area. A community 10 25 empowerment area board may apply for the initial allocation 10 26 amount or amounts attributable to the community empowerment 10 27 area covered by that board. 10 28 2. The Iowa empowerment board shall submit its recommended 10 29 funding formula to the governor and general assembly by 10 30 December 15, 1999, so that a formula may be enacted to be 10 31 first applicable to the fiscal year beginning July 1, 2001. 10 32 Notwithstanding section 7I.7, subsection 5, the duration of 10 33 any school ready children grant awarded on or after the 10 34 effective date of this Act, shall not be for a three-year 10 35 period but shall be adjusted so that renewal of the grant will 11 1 be subject to the funding allocation formula to be first 11 2 applicable to the fiscal year beginning July 1, 2001, and the 11 3 duration of such grants and of grants initially awarded prior 11 4 to the effective date of this Act shall be adjusted to 11 5 annualize the distribution of funding to grantees as follows: 11 6 a. For the fiscal year beginning July 1, 1999, the 11 7 duration of the second year of school ready children grants 11 8 that were initially funded in the previous fiscal year shall 11 9 be shortened to end on June 30, 2000, and the amount of the 11 10 grant paid out in the fiscal year beginning July 1, 1999, 11 11 shall be prorated accordingly. However, in the fiscal year 11 12 beginning July 1, 1999, the three school ready children grant 11 13 applications submitted in the December 1998 grant cycle which 11 14 were recognized by the Iowa empowerment board for showing a 11 15 high degree of readiness, received community empowerment area 11 16 designation, and received partial funding in the fiscal year 11 17 beginning July 1, 1998, shall each receive during the fiscal 11 18 year beginning July 1, 1999, the annual amount applied for as 11 19 adjusted by subtracting half of the amount of the partial 11 20 funding received in the previous fiscal year. For those three 11 21 grantees this adjusted amount shall apply to the entire 1999- 11 22 2000 fiscal year and shall be considered to be the second year 11 23 of grant funding. All grantees described in this lettered 11 24 paragraph shall be eligible to receive the full annual amount 11 25 applied for and approved, in the fiscal year beginning July 1, 11 26 2000. 11 27 b. The total amount that may be distributed in the fiscal 11 28 year beginning July 1, 1999, to designated community 11 29 empowerment areas for new school ready children grants 11 30 initially awarded in that fiscal year shall not exceed 11 31 $3,750,000, the first-year funding period for those grants in 11 32 that fiscal year shall commence October 1, 1999, and end June 11 33 30, 2000, and the annual amount applied for and approved shall 11 34 be prorated accordingly. Those grantees shall be eligible to 11 35 receive the full annual amount applied for and approved, in 12 1 the fiscal year beginning July 1, 2000. 12 2 c. Of the funding appropriated for school ready children 12 3 grants for the fiscal year beginning July 1, 1999, not more 12 4 than $200,000 is allocated for the community empowerment 12 5 office and other technical assistance activities. 12 6 3. The deadline for applications for school ready children 12 7 grants in the fiscal year beginning July 1, 1999, shall be 12 8 August 31, 1999, with grant awards to be made on October 1, 12 9 1999. 12 10 4. The percentage of school ready children grant funding 12 11 committed to home visitation and parent support services that 12 12 is designed for families with newborns and infants by the 12 13 designated community empowerment areas awarded grants in the 12 14 fiscal year beginning July 1, 1998, is approximately 60 12 15 percent. For the fiscal year beginning July 1, 1999, based 12 16 upon the need identified in the community needs assessment 12 17 performed by an applicant community empowerment area, the 12 18 applicant community empowerment area shall strive to commit an 12 19 equivalent percentage of any approved school ready children 12 20 grant funding to such services. 12 21 5. If unobligated school ready children grant funding can 12 22 be identified by the Iowa empowerment board for the fiscal 12 23 year beginning July 1, 1999, the board may authorize a school 12 24 ready children grant supplement for partial assistance to 12 25 those designated community empowerment areas for which the 12 26 costs of necessary insurance or other liability coverage 12 27 consumes a majority or other substantial portion of such 12 28 areas' school ready children and early childhood grant moneys 12 29 that may be used for administrative and other implementation 12 30 expenses. The Iowa empowerment board shall determine 12 31 procedures and other requirements to ensure the need for the 12 32 assistance and to contain the total supplementation within the 12 33 amount identified. 12 34 Sec. 19. DIRECTIONS TO CODE EDITOR. The Iowa Code editor 12 35 shall transfer chapter 7I, as amended by this or any other 13 1 enactment of the Seventy-eighth General Assembly, 1999 13 2 Session, to be placed in or near chapter 28L and shall correct 13 3 internal references as necessary. 13 4 Sec. 20. EFFECTIVE DATE AND TRANSITION PROVISIONS. 13 5 1. Except for the provisions of this Act listed in this 13 6 subsection, this Act, being deemed of immediate importance, 13 7 takes effect upon enactment. The following provisions of this 13 8 Act take effect July 1, 1999: 13 9 a. Section 6, amending section 7I.2, subsection 6. 13 10 b. Section 13, amending section 7I.7, subsection 5. 13 11 c. Section 15, enacting 7I.8, subsection 4. 13 12 d. Section 17, amending 1999 Iowa Acts, House File 760, 13 13 section 2. 13 14 2. The governor's appointments of four additional citizen 13 15 members shall be made from community empowerment area board 13 16 nominees in a manner so as to ensure that each congressional 13 17 district is represented by at least two citizen members. The 13 18 initial terms of the four additional members shall be 13 19 staggered so that not more than four members' terms expire in 13 20 any one year. The appointments shall be made within sixty 13 21 calendar days of the effective date of this Act. 13 22 3. The Iowa empowerment board shall obtain extensive 13 23 community input and involvement in adopting the administrative 13 24 rules to implement the provisions of section 7I.3, subsection 13 25 9, paragraph "c", as enacted by this Act, to be applicable to 13 26 grants initially awarded or renewed on or after the effective 13 27 date of this Act. The Iowa empowerment board may adopt 13 28 emergency rules under section 17A.4, subsection 2, and section 13 29 17A.5, subsection 2, paragraph "b", to implement the 13 30 provisions of section 7I.3, subsection 9, paragraph "c", as 13 31 enacted by this Act, on or before August 31, 1999, and the 13 32 rules shall be effective immediately upon filing unless the 13 33 effective date is delayed by the administrative rules review 13 34 committee, notwithstanding section 17A.4, subsection 5, and 13 35 section 17A.8, subsection 9, or a later date is specified in 14 1 the rules. Any rules adopted in accordance with this 14 2 subsection shall not take effect before the rules are reviewed 14 3 by the administrative rules review committee. Any rules 14 4 adopted in accordance with this subsection shall also be 14 5 published as a notice of intended action as provided in 14 6 section 17A.4. 14 7 4. The advisory council of representatives from community 14 8 empowerment areas shall be used by the Iowa empowerment board 14 9 to revise the application and the application process for 14 10 school ready children grants for the grant cycle immediately 14 11 following the effective date of this Act. 14 12 14 13 14 14 14 15 MARY E. KRAMER 14 16 President of the Senate 14 17 14 18 14 19 14 20 BRENT SIEGRIST 14 21 Speaker of the House 14 22 14 23 I hereby certify that this bill originated in the Senate and 14 24 is known as Senate File 439, Seventy-eighth General Assembly. 14 25 14 26 14 27 14 28 MICHAEL E. MARSHALL 14 29 Secretary of the Senate 14 30 Approved , 1999 14 31 14 32 14 33 14 34 THOMAS J. VILSACK 14 35 Governor
Text: SF00438 Text: SF00440 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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