HSB 667 (LSB 5371YC (3) 85)

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 districts, legalizing certain district budgets, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 28E.23, subsection 1, Code 2014, is amended to read as follows:
   1.  The public safety commission, on or before January 10 of each year, shall make an estimate of the total amount of revenue deemed necessary for operation of the district and, in conjunction with the county board of supervisors and city councils in the district, determine the amounts which will be contributed by the county and by each city in the district from its general fund which are based upon an average of revenues raised for law enforcement purposes in the county or city for the three previous years.  As an alternative to computing average revenues raised for law enforcement purposes for the three previous years, a public safety commission, in conjunction with the county board of supervisors and city councils in the district, may calculate the average by using the amounts budgeted for the three previous fiscal years. The average of the amounts budgeted for the three previous fiscal years may be adjusted by a percentage not to exceed the percentage increase in the consumer price index for all urban consumers for the last available twelve-month period published in the federal register by the federal department of labor, bureau of labor statistics.
    Sec. 2.  Section 28E.23, subsection 2, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Any other method agreed to by each city and county member of the district. The public safety commission shall compute the amount of revenue deemed necessary for the operation of the district and the amounts to be contributed by the county and by each city in the district based upon such agreement. The computation of revenue under this paragraph shall be certified, deposited, and otherwise treated the same as an average of revenues under section 28E.24 for all purposes, including determining the source of additional revenues needed for unified law enforcement services. If the method of funding allowed in this paragraph is used, any requirement relating to average revenues raised for law enforcement purposes for the three previous years in this section, section 28E.22, subsection 4, or section 28E.24, shall not apply.
    Sec. 3.  NEW SECTION.  28E.28C  Legalization of budgets.

   Unified law enforcement district budgets and the budgets of each member of the district that have been certified by the department of management for the fiscal period beginning on or after July 1, 1976, and ending June 30, 2014, or have been appealed to and sustained by the state appeal board for the fiscal period beginning on or after July 1, 1976, and ending June 30, 2014, are hereby legalized and deemed valid as to those parts of such budgets related to the funding of the district.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  The following provision or provisions of this Act apply to fiscal years beginning on or after July 1, 2014:
   1.  The section of this Act amending section 28E.23, subsection 1.
   2.  The section of this Act amending section 28E.23, subsection 2.
    Sec. 6.  RETROACTIVE APPLICABILITY.  The following provision or provisions of this Act apply retroactively to July 1, 1976:
   1.  The section of this Act enacting section 28E.28C.
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 funding of unified law enforcement districts.
   Currently, a district makes an annual determination of revenue deemed necessary for operation based on an average of revenues raised for law enforcement purposes by the county and cities located in the district for the three previous years. The bill allows an alternative computation of averaging the budgeted amount for the three previous fiscal years with a percentage adjustment not to exceed the percentage increase in the consumer price index for all urban consumers for the most recently published 12-month period. This provision applies to budget years beginning on or after July 1, 2014.
   Currently, a district making its annual determination of revenue deemed necessary for operation can make the computation based on one of two methods. The bill adds a third method that allows the members of the district to devise their own computation method provided that each city and county member of the district agrees to the method. If this new method is selected and approved by the members of the district, requirements in Code chapter 28E relating to average revenues raised for law enforcement purposes for the three previous years do not apply. This provision applies to budget years beginning on or after July 1, 2014.
   The bill provides that the budget of a district and the budget of each member of the district that has been certified by the department of management or has been appealed to and sustained by the state appeal board for the fiscal period beginning on July 1, 1976, and ending June 30, 2014, is legalized and deemed valid as to that part of the budget related to the funding of the district during that fiscal period. This provision applies retroactively to July 1, 1976.
   The bill takes effect upon enactment.