HSB 230 (LSB 2515YC (1) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN)

A BILL FOR

An Act relating to the denial of state funds to a local entity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  8.31A  Denial of state funds.
   1.  Notwithstanding any other provision of law to the contrary, a local entity, including any entity under the jurisdiction of the local entity, shall be ineligible to receive any state funds if the local entity reduces the budget of a law enforcement agency under the jurisdiction of the local entity unless the total budget of the local entity is reduced by an equal or larger percentage or the local entity provides sufficient justification under subsection 4.
   2.  State funds shall be denied to a local entity pursuant to subsection 1 by all state agencies for each state fiscal year that begins after the fiscal year in which the law enforcement agency’s budget is reduced. State funds shall continue to be denied until eligibility to receive state funds is reinstated under section 8.31. However, any state funds for law enforcement purposes shall not be denied under this section. 
   3.  A local entity's eligibility to receive state funds shall be reinstated beginning on the first day of the month following the date on which the local entity’s budget is no longer in violation of this section.
   4.  a.  A local entity may submit written justification to the department of management for any reductions in the local entity’s law enforcement budget. Sufficient justification may include any of the following:
   (1)  Reductions related to one-time capital or one-time equipment or vehicle purchases in the prior fiscal year. 
   (2)  Reductions related to lower personnel cost of law enforcement personnel due only to lower cost entry-level law enforcement personnel replacing prior law enforcement personnel.
   (3)  Reductions due to the merging or consolidation of jail services or communications and dispatch services or the merging of law enforcement agencies.
   (4)  Reductions due to reduced population in a jurisdiction served by a law enforcement agency.
   b.  Notwithstanding any other provision of the Code, detailed information shall be required by any local entity, as described in rules, for any necessary budgetary information.
   5.  The department of management shall adopt rules pursuant to chapter 17A to implement this section uniformly across state agencies from which state funds are distributed to local entities.
   6.  For purposes of this section, “local entity” means the governing body of a city or county. “Local entity” includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney.
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 the denial of state funds to a local entity.
   The bill provides that a local entity, including any entity under the jurisdiction of the local entity, shall be ineligible to receive any state funds if the local entity reduces the budget of their law enforcement agency unless the total budget of the local entity is reduced by an equal or larger percentage or the local entity provides sufficient justification for the reduction. A local entity may submit written justification to the department of management for any reductions in the local entity’s law enforcement budget. Sufficient justification may include: reductions related to one-time capital or one-time equipment or vehicle purchases in the prior fiscal year; reductions related to lower personnel cost of law enforcement personnel due only to lower cost entry-level law enforcement personnel replacing prior law enforcement personnel; reductions due to the merging or consolidation of jail services or communications and dispatch services or the merging of law enforcement agencies; and reductions due to reduced population in a jurisdiction served by a law enforcement agency. State funds shall be denied to a local entity by all state agencies for each state fiscal year that begins after the fiscal year in which the law enforcement agency’s budget is reduced. State funds shall continue to be denied until eligibility to receive state funds is reinstated under Code section 8.31. State funds for law enforcement purposes shall not be denied. The department of management is directed to adopt rules pursuant to Code chapter 17A to implement the provisions of the bill.
   Code section 8.2 defines “state funds” as any and all moneys appropriated by the legislature, or money collected by or for the state, or an agency thereof, pursuant to authority granted by any of its laws.