SF 304 (LSB 1959SV (2) 85)

SENATE FILE 304

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 133)

A BILL FOR

An Act concerning public safety by establishing a public safety training and equipment trust fund, making appropriations to the fund, providing for a public safety training and facilities task force, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  80B.11F  Public safety training and equipment trust fund.
   1.  A public safety training and equipment trust fund is created in the state treasury under the control of the council.
   2.  The trust fund shall consist of moneys appropriated to the department for placement in the fund pursuant to section 80B.11G, and any other devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the trust fund. Of the moneys deposited in the trust fund, an amount equal to ten percent of the moneys deposited, or such lesser amount as determined by the council, shall be allocated to a capital projects account for the purposes of public safety training facility needs.
   3.  Moneys credited to the trust fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section and for succeeding fiscal years shall remain available for expenditure for purposes of the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the trust fund shall be credited to the trust fund. Moneys shall not be appropriated or expended from the trust fund until the first fiscal year following the fiscal year in which the minimum balance of the trust fund reaches eight million dollars.
   4.
  a.  Moneys in the trust fund shall be used for public safety training costs incurred by the state or a political subdivision of the state and for public safety personnel equipment costs, excluding vehicles, incurred by the state or a political subdivision of the state, subject to appropriation by the general assembly. For purposes of this paragraph “a”, “public safety training costs” includes costs incurred by the state in acquiring vehicles utilized for training. It is the intent of the general assembly that all training costs incurred by the state or a political subdivision be reimbursed from moneys in the trust fund and that such remaining moneys in the trust fund, less such amount needed for cash flow purposes of the trust fund, be used to reimburse public safety personnel equipment costs, excluding vehicles.
   b.  Moneys in the capital projects account of the trust fund shall be used for public safety training facility needs, subject to appropriation by the general assembly.
    Sec. 2.  NEW SECTION.  80B.11G  State appropriation —— public safety training fund.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Adjustment percent” means as follows:
   (1)  For the 2015 through 2017 calendar years, one hundred percent.
   (2)  For the 2018 calendar year, seventy-five percent.
   (3)  For the 2019 and subsequent calendar years, fifty percent.
   b.  “Applicable training fund amount” means an amount equal to the adjustment percent of the premium tax for a calendar year that exceeds the premium tax receipts collected pursuant to section 432.1, subsection 3, for calendar year 2013.
   2.  Beginning with the fiscal year commencing July 1, 2016, and for each fiscal year thereafter, there is appropriated from the general fund of the state to the department of public safety to be credited to the public safety training and equipment trust fund created in section 80B.11F, an amount equal to the applicable training fund amount as calculated for the most recently ended calendar year.
    Sec. 3.  PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE.
   1.  A public safety training and facilities task force is established. The department of public safety shall provide administrative support for the task force.
   2.  The task force shall consist of the following members:
   a.  One member appointed by the Iowa state sheriffs’ and deputies’ association.

   b.  One member appointed by the Iowa police chiefs association.
   c.  One member who is a fire chief appointed by the Iowa professional fire fighters association.
   d.  One member who is the administrator of the Iowa fire service training bureau or the administrator’s designee.
   e.  One member who is a representative of the fire service who is not a fire chief appointed by the Iowa firefighters association.
   f.  The director of the Iowa law enforcement academy or the director’s designee.
   g.  The commissioner of public safety or the training coordinator of the department of public safety, as designated by the commissioner.
   h.  The state fire marshal or the state fire marshal’s designee.
   i.  One member appointed by the Iowa state police association.
   3.  The members of the task force shall select one chairperson and one vice chairperson. The vice chairperson shall preside in the absence of the chairperson. Section 69.16A shall apply to the appointed members of the task force.
   4.  The task force shall seek and consider input from all interested stakeholders and members of the public. The task force shall consider and develop strategies relating to public safety training facility governance with the goal of all public safety disciplines being represented. Each public safety discipline shall advise the task force by developing individual training policies as determined by the discipline’s governing bodies. The task force shall also develop a proposal for a joint public safety training facility, a budget for construction and future operation of the facility, financing options, including possible public-private partnerships, for construction and operation of the facility, and potential locations for the facility that are centrally located in this state.
   5.
  a.  The task force shall provide interim reports to the general assembly by December 31 of each year concerning the activities of the task force and shall submit its final report, including its findings and recommendations, to the general assembly by December 31, 2016.
   b.  The final report shall include but not be limited to recommendations concerning the following:
   (1)  Consolidation of public safety governance within a single board and the membership of the board.
   (2)  Development of a consolidated fire and police public safety training facility, including possible locations, building recommendations, and financing options.
   (3)  The distribution of moneys from the public safety training and equipment trust fund created in section 80B.11F. In addition, consideration of the balance of moneys in the trust fund created in section 80B.11F necessary to pay for ongoing public safety training costs from the fund.
   (4)  Any other recommendations relating to public safety training and facilities requirements.
    Sec. 4.  FUTURE REPEAL.  This Act is repealed effective June 30, 2018.
    Sec. 5.  PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE —— ADMINISTRATIVE SUPPORT.  There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For providing administrative support for the public safety training and facilities task force as enacted in this Act:
.................................................. $     50,000
   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 fiscal year that begins July 1, 2016.
EXPLANATION
   This bill concerns public safety training and facilities.
   The bill establishes a public safety training and equipment trust fund under the control of the Iowa law enforcement academy council. The trust fund shall consist of moneys appropriated to the fund from the general fund of the state based upon insurance premiums tax receipts collected as provided by the bill. Of the moneys deposited in the fund, 10 percent, or such lesser amount as determined by the council, shall be allocated to a capital projects account of the trust fund and shall be used for public safety facility needs. The remaining moneys deposited in the fund shall be used for public safety training costs, including costs incurred by the state in acquiring vehicles for training, and for public safety personnel equipment costs, excluding vehicles, all incurred by the state or a political subdivision of the state, subject to appropriation by the general assembly. The bill provides that moneys shall not be appropriated from the trust fund until the fiscal year following the year the balance of the trust fund reaches $8 million. The bill provides that it is the intent of the general assembly that training costs incurred by the state or a political subdivision be fully reimbursed from moneys in the fund and that the remaining moneys in the fund, less an amount needed for cash flow purposes, be used to reimburse public safety personnel equipment costs, except vehicles. Moneys in the fund shall not revert to the general fund of the state, and interest and earnings on moneys in the fund shall remain in the fund.
   New Code section 80B.11G provides for an appropriation to the trust fund from the general fund of the state beginning July 1, 2016, and for each fiscal year thereafter, in an amount as determined by the bill. The general fund appropriation is an amount equal to the adjustment percent of the moneys collected from premium tax receipts on insurance policies, other than life insurance policies, in excess of the amount collected for calendar year 2013, during the calendar year prior to the appropriation. The bill provides that the adjustment percent for calendar years 2015 through 2017 shall be 100 percent, for calendar year 2018, 75 percent, and for subsequent calendar years, 50 percent.
   The bill also establishes a public safety training and facilities task force. The department of public safety shall provide administrative support for the task force, and the bill appropriates moneys to the department for providing this support. The bill specifies the membership of the task force and provides that the task force shall consider and develop strategies relating to public safety training facility governance with the goal of all public safety disciplines being represented. Each public safety discipline shall advise the task force by developing individual training policies as determined by the discipline’s governing bodies. The bill requires the task force to provide interim reports to the general assembly by December 31 of each year and to submit a final report, including its findings and recommendations, to the general assembly by December 31, 2016. The bill provides that the final report shall include recommendations concerning consolidation of public safety governance within a single board and the membership of the board, the development of a consolidated fire and police public safety training facility, including possible locations, building recommendations, and financing options, the distribution of moneys from the public safety training and equipment trust fund, and any other recommendations relating to public safety training and facilities requirements.
   The bill is repealed effective June 30, 2018.