Senate File 304 - Introduced SENATE FILE 304 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 133) A BILL FOR An Act concerning public safety by establishing a public safety 1 training and equipment trust fund, making appropriations 2 to the fund, providing for a public safety training and 3 facilities task force, and making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1959SV (2) 85 ec/sc
S.F. 304 Section 1. NEW SECTION . 80B.11F Public safety training and 1 equipment trust fund. 2 1. A public safety training and equipment trust fund is 3 created in the state treasury under the control of the council. 4 2. The trust fund shall consist of moneys appropriated to 5 the department for placement in the fund pursuant to section 6 80B.11G, and any other devise, gift, bequest, donation, federal 7 or other grant, reimbursement, repayment, judgment, transfer, 8 payment, or appropriation from any source intended to be used 9 for the purposes of the trust fund. Of the moneys deposited in 10 the trust fund, an amount equal to ten percent of the moneys 11 deposited, or such lesser amount as determined by the council, 12 shall be allocated to a capital projects account for the 13 purposes of public safety training facility needs. 14 3. Moneys credited to the trust fund are not subject to 15 section 8.33 and shall not be transferred, used, obligated, 16 appropriated, or otherwise encumbered except as provided 17 in this section and for succeeding fiscal years shall 18 remain available for expenditure for purposes of the fund. 19 Notwithstanding section 12C.7, subsection 2, interest or 20 earnings on moneys deposited in the trust fund shall be 21 credited to the trust fund. Moneys shall not be appropriated 22 or expended from the trust fund until the first fiscal year 23 following the fiscal year in which the minimum balance of the 24 trust fund reaches eight million dollars. 25 4. a. Moneys in the trust fund shall be used for public 26 safety training costs incurred by the state or a political 27 subdivision of the state and for public safety personnel 28 equipment costs, excluding vehicles, incurred by the state or a 29 political subdivision of the state, subject to appropriation 30 by the general assembly. For purposes of this paragraph “a” , 31 “public safety training costs” includes costs incurred by the 32 state in acquiring vehicles utilized for training. It is the 33 intent of the general assembly that all training costs incurred 34 by the state or a political subdivision be reimbursed from 35 -1- LSB 1959SV (2) 85 ec/sc 1/ 6
S.F. 304 moneys in the trust fund and that such remaining moneys in the 1 trust fund, less such amount needed for cash flow purposes of 2 the trust fund, be used to reimburse public safety personnel 3 equipment costs, excluding vehicles. 4 b. Moneys in the capital projects account of the trust 5 fund shall be used for public safety training facility needs, 6 subject to appropriation by the general assembly. 7 Sec. 2. NEW SECTION . 80B.11G State appropriation —— public 8 safety training fund. 9 1. For purposes of this section, unless the context 10 otherwise requires: 11 a. “Adjustment percent” means as follows: 12 (1) For the 2015 through 2017 calendar years, one hundred 13 percent. 14 (2) For the 2018 calendar year, seventy-five percent. 15 (3) For the 2019 and subsequent calendar years, fifty 16 percent. 17 b. “Applicable training fund amount” means an amount equal to 18 the adjustment percent of the premium tax for a calendar year 19 that exceeds the premium tax receipts collected pursuant to 20 section 432.1, subsection 3, for calendar year 2013. 21 2. Beginning with the fiscal year commencing July 1, 2016, 22 and for each fiscal year thereafter, there is appropriated 23 from the general fund of the state to the department of 24 public safety to be credited to the public safety training and 25 equipment trust fund created in section 80B.11F, an amount 26 equal to the applicable training fund amount as calculated for 27 the most recently ended calendar year. 28 Sec. 3. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE. 29 1. A public safety training and facilities task force is 30 established. The department of public safety shall provide 31 administrative support for the task force. 32 2. The task force shall consist of the following members: 33 a. One member appointed by the Iowa state sheriffs’ and 34 deputies’ association. 35 -2- LSB 1959SV (2) 85 ec/sc 2/ 6
S.F. 304 b. One member appointed by the Iowa police chiefs 1 association. 2 c. One member who is a fire chief appointed by the Iowa 3 professional fire fighters association. 4 d. One member who is the administrator of the Iowa fire 5 service training bureau or the administrator’s designee. 6 e. One member who is a representative of the fire service 7 who is not a fire chief appointed by the Iowa firefighters 8 association. 9 f. The director of the Iowa law enforcement academy or the 10 director’s designee. 11 g. The commissioner of public safety or the training 12 coordinator of the department of public safety, as designated 13 by the commissioner. 14 h. The state fire marshal or the state fire marshal’s 15 designee. 16 i. One member appointed by the Iowa state police 17 association. 18 3. The members of the task force shall select one 19 chairperson and one vice chairperson. The vice chairperson 20 shall preside in the absence of the chairperson. Section 21 69.16A shall apply to the appointed members of the task force. 22 4. The task force shall seek and consider input from 23 all interested stakeholders and members of the public. The 24 task force shall consider and develop strategies relating to 25 public safety training facility governance with the goal of 26 all public safety disciplines being represented. Each public 27 safety discipline shall advise the task force by developing 28 individual training policies as determined by the discipline’s 29 governing bodies. The task force shall also develop a proposal 30 for a joint public safety training facility, a budget for 31 construction and future operation of the facility, financing 32 options, including possible public-private partnerships, for 33 construction and operation of the facility, and potential 34 locations for the facility that are centrally located in this 35 -3- LSB 1959SV (2) 85 ec/sc 3/ 6
S.F. 304 state. 1 5. a. The task force shall provide interim reports to the 2 general assembly by December 31 of each year concerning the 3 activities of the task force and shall submit its final report, 4 including its findings and recommendations, to the general 5 assembly by December 31, 2016. 6 b. The final report shall include but not be limited to 7 recommendations concerning the following: 8 (1) Consolidation of public safety governance within a 9 single board and the membership of the board. 10 (2) Development of a consolidated fire and police public 11 safety training facility, including possible locations, 12 building recommendations, and financing options. 13 (3) The distribution of moneys from the public safety 14 training and equipment trust fund created in section 80B.11F. 15 In addition, consideration of the balance of moneys in the 16 trust fund created in section 80B.11F necessary to pay for 17 ongoing public safety training costs from the fund. 18 (4) Any other recommendations relating to public safety 19 training and facilities requirements. 20 Sec. 4. FUTURE REPEAL. This Act is repealed effective June 21 30, 2018. 22 Sec. 5. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE —— 23 ADMINISTRATIVE SUPPORT. There is appropriated from the general 24 fund of the state to the department of public safety for the 25 fiscal year beginning July 1, 2013, and ending June 30, 2014, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For providing administrative support for the public safety 29 training and facilities task force as enacted in this Act: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 31 Notwithstanding section 8.33, moneys appropriated in this 32 section that remain unencumbered or unobligated at the close of 33 the fiscal year shall not revert but shall remain available for 34 expenditure for the purposes designated until the close of the 35 -4- LSB 1959SV (2) 85 ec/sc 4/ 6
S.F. 304 fiscal year that begins July 1, 2016. 1 EXPLANATION 2 This bill concerns public safety training and facilities. 3 The bill establishes a public safety training and equipment 4 trust fund under the control of the Iowa law enforcement 5 academy council. The trust fund shall consist of moneys 6 appropriated to the fund from the general fund of the state 7 based upon insurance premiums tax receipts collected as 8 provided by the bill. Of the moneys deposited in the fund, 10 9 percent, or such lesser amount as determined by the council, 10 shall be allocated to a capital projects account of the trust 11 fund and shall be used for public safety facility needs. The 12 remaining moneys deposited in the fund shall be used for public 13 safety training costs, including costs incurred by the state 14 in acquiring vehicles for training, and for public safety 15 personnel equipment costs, excluding vehicles, all incurred by 16 the state or a political subdivision of the state, subject to 17 appropriation by the general assembly. The bill provides that 18 moneys shall not be appropriated from the trust fund until the 19 fiscal year following the year the balance of the trust fund 20 reaches $8 million. The bill provides that it is the intent of 21 the general assembly that training costs incurred by the state 22 or a political subdivision be fully reimbursed from moneys in 23 the fund and that the remaining moneys in the fund, less an 24 amount needed for cash flow purposes, be used to reimburse 25 public safety personnel equipment costs, except vehicles. 26 Moneys in the fund shall not revert to the general fund of the 27 state, and interest and earnings on moneys in the fund shall 28 remain in the fund. 29 New Code section 80B.11G provides for an appropriation to 30 the trust fund from the general fund of the state beginning 31 July 1, 2016, and for each fiscal year thereafter, in an amount 32 as determined by the bill. The general fund appropriation 33 is an amount equal to the adjustment percent of the moneys 34 collected from premium tax receipts on insurance policies, 35 -5- LSB 1959SV (2) 85 ec/sc 5/ 6
S.F. 304 other than life insurance policies, in excess of the amount 1 collected for calendar year 2013, during the calendar year 2 prior to the appropriation. The bill provides that the 3 adjustment percent for calendar years 2015 through 2017 shall 4 be 100 percent, for calendar year 2018, 75 percent, and for 5 subsequent calendar years, 50 percent. 6 The bill also establishes a public safety training and 7 facilities task force. The department of public safety shall 8 provide administrative support for the task force, and the 9 bill appropriates moneys to the department for providing 10 this support. The bill specifies the membership of the task 11 force and provides that the task force shall consider and 12 develop strategies relating to public safety training facility 13 governance with the goal of all public safety disciplines 14 being represented. Each public safety discipline shall advise 15 the task force by developing individual training policies as 16 determined by the discipline’s governing bodies. The bill 17 requires the task force to provide interim reports to the 18 general assembly by December 31 of each year and to submit a 19 final report, including its findings and recommendations, to 20 the general assembly by December 31, 2016. The bill provides 21 that the final report shall include recommendations concerning 22 consolidation of public safety governance within a single 23 board and the membership of the board, the development of a 24 consolidated fire and police public safety training facility, 25 including possible locations, building recommendations, 26 and financing options, the distribution of moneys from the 27 public safety training and equipment trust fund, and any 28 other recommendations relating to public safety training and 29 facilities requirements. 30 The bill is repealed effective June 30, 2018. 31 -6- LSB 1959SV (2) 85 ec/sc 6/ 6