Senate File 469 - Enrolled




                                             SENATE FILE 469

                             AN ACT
 RELATING TO AND MAKING APPROPRIATIONS TO THE DEPARTMENT OF
    CULTURAL AFFAIRS, THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
    CERTAIN BOARD OF REGENTS INSTITUTIONS, THE DEPARTMENT OF
    WORKFORCE DEVELOPMENT, AND THE PUBLIC EMPLOYMENT RELATIONS
    BOARD, AND RELATED MATTERS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DEPARTMENT OF CULTURAL AFFAIRS.  There is
 appropriated from the general fund of the state to the
 department of cultural affairs for the fiscal year beginning
 July 1, 2009, and ending June 30, 2010, the following amounts,
 or so much thereof as is necessary, to be used for the
 purposes designated:
    1.  ADMINISTRATION
    For salaries, support, maintenance, miscellaneous purposes,
 and for not more than the following full=time equivalent
 positions for the department:
 .................................................. $    235,632
 ............................................... FTEs      82.77
    The department of cultural affairs shall coordinate
 activities with the tourism office of the department of
 economic development to promote attendance at the state
 historical building and at this state's historic sites.
    Full=time equivalent positions authorized under this
 subsection shall be funded, in full or in part, using moneys
 appropriated under this subsection and subsections 3 through
 7.
    2.  COMMUNITY CULTURAL GRANTS
    For planning and programming for the community cultural
 grants program established under section 303.3:
 .................................................. $    279,159
    3.  HISTORICAL DIVISION
    For the support of the historical division:
 .................................................. $  3,550,119
    From the moneys appropriated under this subsection, the
 department shall use $50,000 for purposes of planning
 commemoration activities for the sesquicentennial anniversary
 of the civil war and Iowa's participation in the civil war.
 Such activities may include activities in Iowa, activities
 through partnerships with other states, and activities on a
 national level.
    4.  HISTORIC SITES
    For the administration and support of historic sites:
 .................................................. $    547,845
    5.  ARTS DIVISION
    For the support of the arts division:
 .................................................. $  1,137,458
    6.  GREAT PLACES
    For the great places program:
 .................................................. $    248,060
    7.  ARCHIVE IOWA GOVERNORS' RECORDS
    For archiving the records of Iowa governors:
 .................................................. $     77,936
    8.  RECORDS CENTER RENT
    For payment of rent for the state records center:
 .................................................. $    222,018
    Sec. 2.  GOALS AND ACCOUNTABILITY == ECONOMIC DEVELOPMENT.
    1.  For the fiscal year beginning July 1, 2009, the goals
 for the department of economic development shall be to expand
 and stimulate the state economy, increase the wealth of
 Iowans, and increase the population of the state.
    2.  To achieve the goals in subsection 1, the department of
 economic development shall do all of the following for the
 fiscal year beginning July 1, 2009:
    a.  Concentrate its efforts on programs and activities that
 result in commercially viable products and services.
    b.  Adopt practices and services consistent with free
 market, private sector philosophies.
    c.  Ensure economic growth and development throughout the
 state.
    Sec. 3.  DEPARTMENT OF ECONOMIC DEVELOPMENT.  There is
 appropriated from the general fund of the state to the
 department of economic development for the fiscal year
 beginning July 1, 2009, and ending June 30, 2010, the
 following amounts, or so much thereof as is necessary, to be
 used for the purposes designated:
    1.  ADMINISTRATION DIVISION
    a.  General administration
    For salaries, support, maintenance, miscellaneous purposes,
 and programs; for transfer to the Iowa state commission grant
 program; and for not more than the following full=time
 equivalent positions for the department's three divisions:
 .................................................. $  2,044,671
 ............................................... FTEs     149.00
    b.  The department shall work with businesses and
 communities to continually improve the economic development
 climate along with the economic well=being and quality of life
 for Iowans.  The administration division shall coordinate with
 other state agencies to ensure that all state departments are
 attentive to the needs of an entrepreneurial culture.
    c.  Full=time equivalent positions authorized under this
 subsection shall be funded, in full or in part, using moneys
 appropriated under this subsection and subsections 2 and 3 and
 by certain federal moneys or other moneys received by the
 department.
    d.  Notwithstanding section 8.33, moneys appropriated in
 this subsection that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the succeeding fiscal year.
    2.  BUSINESS DEVELOPMENT DIVISION
    a.  Business development operations
    For business development operations and programs, the film
 office, international trade, export assistance, workforce
 recruitment, and the partner state program; for transfer to
 the strategic investment fund; for transfer to the value=added
 agricultural products and processes financial assistance fund,
 if 2009 Iowa Acts, Senate File 344, is not enacted; for
 transfer to the grow Iowa values fund, if 2009 Iowa Acts,
 Senate File 344 is enacted; and for the support of the
 business development division:
 .................................................. $  5,965,227
    The department shall utilize 1.0 of the full=time
 equivalent positions authorized under subsection 1 for
 marketing and compliance activities of the targeted small
 business program.
    b.  The department shall establish a strong and aggressive
 marketing image to showcase Iowa's workforce, existing
 industry, and potential.  A priority shall be placed on
 recruiting new businesses, business expansion, and retaining
 existing Iowa businesses.  Emphasis shall also be placed on
 entrepreneurial development through helping to secure capital
 for entrepreneurs, and developing networks and a business
 climate conducive to entrepreneurs and small business.
    c.  A business creating jobs with economic development
 assistance through moneys appropriated in this subsection
 shall be subject to contract provisions stating that new and
 retained jobs shall be filled by individuals who are citizens
 of the United States who reside within the United States or
 any person authorized to work in the United States pursuant to
 federal law, including legal resident aliens in the United
 States.  Any vendor who receives such public moneys shall
 adhere to such contract provisions and provide periodic
 assurances as the state shall require that the jobs are filled
 solely by citizens of the United States who reside within the
 United States or any person authorized to work in the United
 States pursuant to federal law, including legal resident
 aliens in the United States.  A business that receives
 financial assistance from the department from moneys
 appropriated in this bill shall only employ individuals
 legally authorized to work in this state.  In addition to any
 and all other applicable penalties provided by current law,
 all or a portion of the assistance received by a business
 which has received financial assistance and is found to
 knowingly employ individuals not legally authorized to work in
 this state is subject to recapture by the department.
    d.  From the moneys appropriated in this subsection, the
 department may provide financial assistance in the form of a
 grant to a community economic development entity for
 conducting a local workforce recruitment effort designed to
 recruit former citizens of the state and former students at
 colleges and universities in the state to meet the needs of
 local employers.
    e.  From the moneys appropriated in this subsection, the
 department may provide financial assistance to early=stage
 industry companies being established by women entrepreneurs.
    f.  From the moneys appropriated in this subsection, the
 department may provide financial assistance in the form of
 grants, loans, or forgivable loans for advanced research and
 commercialization projects involving value=added agriculture,
 advanced technology, or biotechnology.
    g.  Notwithstanding section 8.33, moneys appropriated in
 this subsection that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the succeeding fiscal year.
    3.  COMMUNITY DEVELOPMENT DIVISION
    a.  Community development programs
    For support, maintenance, miscellaneous purposes, community
 economic development programs, tourism operations, community
 assistance, plans for Iowa green corps and summer youth
 programs, the mainstreet and rural mainstreet programs, the
 school=to=career program, the community development block
 grant, and housing and shelter=related programs:
 .................................................. $  5,833,379
    b.  The department shall encourage development of
 communities and quality of life to foster economic growth.
 The department shall prepare communities for future growth and
 development through development, expansion, and modernization
 of infrastructure.
    c.  The department shall develop public=private
 partnerships with Iowa businesses in the tourism industry,
 Iowa tour groups, Iowa tourism organizations, and political
 subdivisions in this state to assist in the development of
 advertising efforts.  The department shall, to the fullest
 extent possible, develop cooperative efforts for advertising
 with contributions from other sources.
    d.  Notwithstanding section 8.33, moneys appropriated in
 this subsection that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert to any fund but
 shall remain available for expenditure for the designated
 purposes during the succeeding fiscal year.
    4.  For allocating moneys for the world food prize and
 notwithstanding section 15.368, subsection 1:
 .................................................. $    750,000
    5.  For use as matching funds for the United States
 department of housing and urban development's main street
 challenge grants for historic building preservation:
 .................................................. $    184,195
    6.  For allocation to the Iowa commission on volunteer
 service for the Iowa's promise and mentoring partnership
 program and for not more than the following full=time
 equivalent positions:
 .................................................. $    125,000
 ............................................... FTEs       1.00
    Notwithstanding section 8.33, moneys appropriated in this
 subsection that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the succeeding fiscal year.
    Sec. 4.  VISION IOWA PROGRAM == FTE AUTHORIZATION.  For
 purposes of administrative duties associated with the vision
 Iowa program, the department of economic development is
 authorized an additional 2.25 full=time equivalent positions
 above those otherwise authorized in this Act.
    Sec. 5.  COUNCILS OF GOVERNMENTS.  There is appropriated
 from the federal economic stimulus and jobs holding account to
 the department of economic development for the fiscal year
 beginning July 1, 2009, and ending June 30, 2010, the
 following amount, or so much thereof as is necessary, to be
 used for the purposes designated:
    For providing financial assistance to Iowa's councils of
 governments that provide technical and planning assistance to
 local governments:
 .................................................. $    144,000
    Sec. 6.  INSURANCE ECONOMIC DEVELOPMENT.  From the moneys
 collected by the division of insurance in excess of the
 anticipated gross revenues under section 505.7, subsection 3,
 during the fiscal year beginning July 1, 2009, $100,000 shall
 be transferred to the department of economic development for
 insurance economic development and international insurance
 economic development.
    Sec. 7.  COMMUNITY DEVELOPMENT LOAN FUND.  Notwithstanding
 section 15E.120, subsection 5, there is appropriated from the
 Iowa community development loan fund all the moneys available
 during the fiscal year beginning July 1, 2009, and ending June
 30, 2010, to the department of economic development for the
 community development program to be used by the department for
 the purposes of the program.
    Sec. 8.  WORKFORCE DEVELOPMENT FUND.  There is appropriated
 from the workforce development fund account created in section
 15.342A to the workforce development fund created in section
 15.343 for the fiscal year beginning July 1, 2009, and ending
 June 30, 2010, the following amount, for the purposes of the
 workforce development fund, and for not more than the
 following full=time equivalent positions:
 .................................................. $  4,000,000
 ............................................... FTEs       4.00
    Sec. 9.  WORKFORCE DEVELOPMENT ADMINISTRATION.  From funds
 appropriated or transferred to or receipts credited to the
 workforce development fund created in section 15.343, up to
 $400,000 for the fiscal year beginning July 1, 2009, and
 ending June 30, 2010, may be used for the administration of
 workforce development activities including salaries, support,
 maintenance, and miscellaneous purposes, and for not more than
 4.00 full=time equivalent positions.
    Sec. 10.  JOB TRAINING FUND.  Notwithstanding section
 15.251, all remaining moneys in the job training fund on July
 1, 2009, and any moneys appropriated or credited to the fund
 during the fiscal year beginning July 1, 2009, shall be
 transferred to the workforce development fund established
 pursuant to section 15.343.
    Sec. 11.  IOWA STATE UNIVERSITY.
    1.  There is appropriated from the general fund of the
 state to Iowa state university of science and technology for
 the fiscal year beginning July 1, 2009, and ending June 30,
 2010, the following amount, or so much thereof as is
 necessary, to be used for small business development centers,
 the science and technology research park, and the institute
 for physical research and technology, and for not more than
 the following full=time equivalent positions:
 .................................................. $  2,751,092
 ............................................... FTEs      56.63
    2.  Of the moneys appropriated in subsection 1, Iowa state
 university of science and technology shall allocate at least
 $976,234 for purposes of funding small business development
 centers.  Iowa state university of science and technology may
 allocate moneys appropriated in subsection 1 to the various
 small business development centers in any manner necessary to
 achieve the purposes of this subsection.
    3.  Iowa state university of science and technology shall
 do all of the following:
    a.  Direct expenditures for research toward projects that
 will provide economic stimulus for Iowa.
    b.  Provide emphasis to providing services to Iowa=based
 companies.
    4.  It is the intent of the general assembly that the
 industrial incentive program focus on Iowa industrial sectors
 and seek contributions and in=kind donations from businesses,
 industrial foundations, and trade associations, and that
 moneys for the institute for physical research and technology
 industrial incentive program shall be allocated only for
 projects which are matched by private sector moneys for
 directed contract research or for nondirected research.  The
 match required of small businesses as defined in section
 15.102, subsection 6, for directed contract research or for
 nondirected research shall be $1 for each $3 of state funds.
 The match required for other businesses for directed contract
 research or for nondirected research shall be $1 for each $1
 of state funds.  The match required of industrial foundations
 or trade associations shall be $1 for each $1 of state funds.
    Iowa state university of science and technology shall
 report annually to the joint appropriations subcommittee on
 economic development and the legislative services agency the
 total amount of private contributions, the proportion of
 contributions from small businesses and other businesses, and
 the proportion for directed contract research and nondirected
 research of benefit to Iowa businesses and industrial sectors.
    Notwithstanding section 8.33, moneys appropriated in this
 section that remain unencumbered or unobligated at the close
 of the fiscal year shall not revert but shall remain available
 for expenditure for the purposes designated until the close of
 the succeeding fiscal year.
    Sec. 12.  UNIVERSITY OF IOWA.
    1.  There is appropriated from the general fund of the
 state to the state university of Iowa for the fiscal year
 beginning July 1, 2009, and ending June 30, 2010, the
 following amount, or so much thereof as is necessary, to be
 used for the state university of Iowa research park and for
 the advanced drug development program at the Oakdale research
 park, including salaries, support, maintenance, equipment,
 miscellaneous purposes, and for not more than the following
 full=time equivalent positions:
 .................................................. $    247,080
 ............................................... FTEs       6.00
    2.  The state university of Iowa shall do all of the
 following:
    a.  Direct expenditures for research toward projects that
 will provide economic stimulus for Iowa.
    b.  Provide emphasis to providing services to Iowa=based
 companies.
    3.  Notwithstanding section 8.33, moneys appropriated in
 this section that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the succeeding fiscal year.
    Sec. 13.  UNIVERSITY OF NORTHERN IOWA.
    1.  There is appropriated from the general fund of the
 state to the university of northern Iowa for the fiscal year
 beginning July 1, 2009, and ending June 30, 2010, the
 following amount, or so much thereof as is necessary, to be
 used for the metal casting institute, for the MyEntreNet
 internet application, and for the institute of decision
 making, including salaries, support, maintenance,
 miscellaneous purposes, and for not more than the following
 full=time equivalent positions:
 .................................................. $    539,638
 ............................................... FTEs       6.75
    2.  The university of northern Iowa shall do all of the
 following:
    a.  Direct expenditures for research toward projects that
 will provide economic stimulus for Iowa.
    b.  Provide emphasis to providing services to Iowa=based
 companies.
    3.  Notwithstanding section 8.33, moneys appropriated in
 this section that remain unencumbered or unobligated at the
 close of the fiscal year shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the succeeding fiscal year.
    Sec. 14.  BOARD OF REGENTS REPORT.  The state board of
 regents shall submit a report on the progress of regents
 institutions in meeting the strategic plan for technology
 transfer and economic development to the secretary of the
 senate, the chief clerk of the house of representatives, and
 the legislative services agency by January 15, 2010.
    Sec. 15.  DEPARTMENT OF WORKFORCE DEVELOPMENT.  There is
 appropriated from the general fund of the state to the
 department of workforce development for the fiscal year
 beginning July 1, 2009, and ending June 30, 2010, the
 following amounts, or so much thereof as is necessary, for the
 purposes designated:
    1.  DIVISION OF LABOR SERVICES
    For the division of labor services, including salaries,
 support, maintenance, miscellaneous purposes, and for not more
 than the following full-time equivalent positions:
 .................................................. $  3,851,643
 ............................................... FTEs      68.15
    From the contractor registration fees, the division of
 labor services shall reimburse the department of inspections
 and appeals for all costs associated with hearings under
 chapter 91C, relating to contractor registration.
    2.  DIVISION OF WORKERS' COMPENSATION
    For the division of workers' compensation, including
 salaries, support, maintenance, miscellaneous purposes, and
 for not more than the following full-time equivalent
 positions:
 .................................................. $  2,884,187
 ............................................... FTEs      30.00
    The division of workers' compensation shall continue
 charging a $65 filing fee for workers' compensation cases.
 The filing fee shall be paid by the petitioner of a claim.
 However, the fee can be taxed as a cost and paid by the losing
 party, except in cases where it would impose an undue hardship
 or be unjust under the circumstances.  The moneys generated by
 the filing fee allowed under this subsection are appropriated
 to the department of workforce development to be used for
 purposes of administering the division of workers'
 compensation.
    3.  WORKFORCE DEVELOPMENT OPERATIONS
    For the operation of field offices, the workforce
 development board, and new Iowans centers, and for not more
 than the following full=time equivalent positions:
 .................................................. $ 12,010,167
 ............................................... FTEs      88.04
    Of the moneys appropriated in this subsection, the
 department shall allocate $11,832,989 for the operation of
 field offices.  The department shall not reduce the number of
 field offices below the number of field offices being operated
 as of January 1, 2009.
    The department of workforce development shall make every
 effort to maintain new Iowans centers that offer one-stop
 services to deal with the multiple issues related to
 immigration and employment.  The centers shall be designed to
 support workers, businesses, and communities with information,
 referrals, job placement assistance, translation, language
 training, and resettlement, as well as technical and legal
 assistance on such issues as forms and documentation.  Through
 the coordination of local, state, and federal service
 providers, and through the development of partnerships with
 public, private, and nonprofit entities with established
 records of international service, these centers shall seek to
 provide a seamless service delivery system for new Iowans.
    4.  OFFENDER REENTRY PROGRAM
    For the development and administration of an offender
 reentry program to provide offenders with employment skills,
 and for not more than the following full=time equivalent
 positions:
 .................................................. $    367,447
 ............................................... FTEs       2.00
    The department shall partner with the department of
 corrections to provide staff within the correctional
 facilities to improve offenders' abilities to find and retain
 productive employment.
    5.  PILOT PROJECT
    For purposes of administration of a security employee pilot
 project training program:
 .................................................. $     15,000
    6.  NONREVERSION OF MONEYS
    Notwithstanding section 8.33, moneys appropriated in this
 section that remain unencumbered or unobligated at the close
 of the fiscal year shall not revert but shall remain available
 for expenditure for the purposes designated until the close of
 the succeeding fiscal year.
    Sec. 16.  ACCOUNTABILITY == AUDIT.  The auditor of state
 shall annually conduct an audit of the department of workforce
 development and shall report the findings of such annual
 audit, including the accountability of programs of the
 department, to the chairpersons and ranking members of the
 joint appropriations subcommittee on economic development.
 The department shall pay for the costs associated with the
 audit.
    Sec. 17.  EMPLOYMENT SECURITY CONTINGENCY FUND.  There is
 appropriated from the special employment security contingency
 fund to the department of workforce development for the fiscal
 year beginning July 1, 2009, and ending June 30, 2010, the
 following amounts, or so much thereof as is necessary, for the
 purposes designated:
    For the division of workers' compensation, salaries,
 support, maintenance, and miscellaneous purposes:
 .................................................. $    471,000
    Any remaining additional penalty and interest revenue is
 appropriated to and may be allocated and used to accomplish
 the mission of the department.
    Sec. 18.  UNEMPLOYMENT COMPENSATION RESERVE FUND.
 Notwithstanding section 96.9, subsection 8, paragraph "e",
 there is appropriated from interest earned on the unemployment
 compensation reserve fund to the department of workforce
 development for the fiscal year beginning July 1, 2009, and
 ending June 30, 2010, the following amount for the operation
 of field offices:
 .................................................. $  6,500,000
    Sec. 19.  PUBLIC EMPLOYMENT RELATIONS BOARD.  There is
 appropriated from the general fund of the state to the public
 employment relations board for the fiscal year beginning July
 1, 2009, and ending June 30, 2010, the following amount, or so
 much thereof as is necessary, for the purposes designated:
    For salaries, support, maintenance, miscellaneous purposes,
 and for not more than the following full=time equivalent
 positions:
 .................................................. $  1,168,781
 ............................................... FTEs      10.00
    Of the moneys appropriated in this section, the board shall
 allocate $15,000 for maintaining a website that allows
 searchable access to a database of collective bargaining
 information.
    Sec. 20.  VALUE=ADDED AGRICULTURE FINANCIAL ASSISTANCE.
 For the fiscal year beginning July 1, 2009, the office of
 renewable fuels and coproducts may apply to the department of
 economic development for moneys in the value=added
 agricultural products and processes financial assistance fund,
 if 2009 Iowa Acts, Senate File 344, is not enacted or for
 moneys in the grow Iowa values fund, if 2009 Iowa Acts, Senate
 File 344, is enacted, for deposit in the renewable fuels and
 coproducts fund created in section 159A.7.
    Sec. 21.  IOWA FINANCE AUTHORITY AUDIT.  The auditor of
 state is requested to review the audit of the Iowa finance
 authority performed by the auditor hired by the authority.
    Sec. 22.  APPLICATION FOR DEPARTMENT OF ECONOMIC
 DEVELOPMENT MONEYS.  For the fiscal year beginning July 1,
 2009, any entity that was specifically identified in 2001 Iowa
 Acts, chapter 188, to receive funding from the department of
 economic development, excluding any entity identified to
 receive a direct appropriation beginning July 1, 2009, may
 apply to the department for assistance through the appropriate
 program.  The department shall provide application criteria
 necessary to implement this section.
    Sec. 23.  SHELTER ASSISTANCE FUND.  In providing moneys
 from the shelter assistance fund to homeless shelter programs
 in the fiscal year beginning July 1, 2009, and ending June 30,
 2010, the department of economic development shall explore the
 potential of allocating moneys to homeless shelter programs
 based in part on their ability to move their clients toward
 self=sufficiency.
    Sec. 24.  UNEMPLOYMENT COMPENSATION PROGRAM.
 Notwithstanding section 96.9, subsection 4, paragraph "a",
 moneys credited to the state by the secretary of the treasury
 of the United States pursuant to section 903 of the Social
 Security Act are appropriated to the department of workforce
 development and shall be used by the department for the
 administration of the unemployment compensation program only.
 This appropriation shall not apply to any fiscal year
 beginning after December 31, 2009.
    Sec. 25.  EXPENSE REIMBURSEMENT == REQUIREMENTS.
 Notwithstanding any provision to the contrary, for the fiscal
 year beginning July 1, 2009, and ending June 30, 2010, the
 director of a department or state agency to which
 appropriations are made pursuant to the provisions of this Act
 shall require employees, in order to receive reimbursement for
 expense, to submit actual receipts for meals and other costs
 and reimbursement up to the maximum amount shall only be
 allowed in an amount equal to the sum of the actual receipts
 submitted.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 469, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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