House Study Bill 40 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ECONOMIC GROWTH BILL BY CHAIRPERSON HANUSA) A BILL FOR An Act relating to the powers and programs of the economic 1 development authority, including apprentice eligibility 2 under the apprenticeship training program, and including 3 effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1538YC (3) 87 aw/nh/rn
H.F. _____ Section 1. Section 15.106A, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. The general assembly finds and declares 3 the following: 4 a. That through this section and section 15.106B, the 5 authority has been granted broad general powers and specific 6 program powers over all of the authority’s statutory programs, 7 including but not limited to the programs created pursuant to 8 chapters 15, 15A, 15B, 15E, and 15J. 9 b. That the broad general powers and the specific program 10 powers described in paragraph “a” of this subsection and 11 subsection 1, paragraph “m” , specifically include the power 12 to interpret any rules adopted by the authority for the 13 administration of the programs referenced in paragraph “a” . 14 Sec. 2. Section 15B.2, subsection 1, Code 2017, is amended 15 to read as follows: 16 1. “Apprentice” means a person who is at least sixteen 17 years of age, except where a higher minimum age is required 18 by law, who is employed in an apprenticeable occupation , who 19 is a resident of the state of Iowa , and is registered in 20 Iowa with the United States department of labor, office of 21 apprenticeship. 22 Sec. 3. LEGISLATIVE FINDINGS AND PURPOSE. 23 1. The general assembly finds and declares the following: 24 a. That the state of Iowa faces a critical shortage of 25 skilled workers. 26 b. That the apprenticeship training program established 27 in chapter 15B is intended to improve the skills of Iowa’s 28 workforce and increase the amount of available Iowa workers for 29 certain in-demand occupations. 30 c. That the amount of financial assistance available under 31 the program should be calculated solely based on the number of 32 apprentices who are Iowa residents because Iowa residency is an 33 efficient method of defining the Iowa workforce. 34 d. That calculating financial assistance under the program 35 -1- LSB 1538YC (3) 87 aw/nh/rn 1/ 3
H.F. _____ solely based on Iowa residency in order to improve Iowa’s 1 workforce is a legitimate governmental purpose. 2 e. That the financial assistance available under the 3 program is intended to be a statutory benefit and that the 4 statute is not intended to bind the state either by creating a 5 contractual right or a vested right. 6 2. The general assembly further declares that the purposes 7 of this Act are to clarify the legislative intent in enacting 8 chapters 15 and 15B and to cure any unforeseen defect or 9 ambiguity in the administration of the authority’s programs. 10 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 11 immediate importance, takes effect upon enactment. 12 Sec. 5. RETROACTIVE APPLICABILITY. 13 1. The section of this Act amending section 15.106A applies 14 retroactively to July 1, 2011. 15 2. The section of this Act amending section 15B.2 applies 16 retroactively to July 1, 2015. 17 3. The section of this Act relating to legislative findings 18 and purpose applies retroactively to July 1, 2015. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the powers and programs of the economic 23 development authority, including apprentice eligibility for 24 purposes of calculating financial assistance awards under the 25 apprenticeship training program. 26 The bill provides a finding of the general assembly that the 27 economic development authority has been granted broad general 28 powers and specific program powers over all of the authority’s 29 statutory programs, including but not limited to the programs 30 created pursuant to Code chapters 15, 15A, 15B, 15E, and 31 15J. Under the bill, the general assembly also declares that 32 the broad general powers and the specific program powers 33 specifically include the power to interpret any rules adopted 34 by the authority for the administration of authority programs. 35 -2- LSB 1538YC (3) 87 aw/nh/rn 2/ 3
H.F. _____ Relating to the apprenticeship training program, the bill 1 requires that a person be an Iowa resident to qualify as an 2 apprentice under the program for purposes of calculating 3 financial assistance awards under the program. 4 The bill takes effect upon enactment. Under the bill, 5 codified provisions related to legislative findings and 6 declarations of purpose are retroactive to July 1, 2011, and 7 session law provisions related to legislative findings and 8 purpose apply retroactively to July 1, 2015. 9 -3- LSB 1538YC (3) 87 aw/nh/rn 3/ 3