House File 2337 - Reprinted HOUSE FILE 2337 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5116HA) (SUCCESSOR TO LSB 5116HB) (As Amended and Passed by the House February 28, 2012 ) A BILL FOR An Act relating to appropriations to the department of cultural 1 affairs, the economic development authority, certain 2 board of regents institutions, the department of workforce 3 development, the Iowa finance authority, and the public 4 employment relations board, providing for other properly 5 related matters, including effective date and retroactive 6 and other applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 HF 2337 (4) 84 ad/tm
H.F. 2337 DIVISION I 1 FY 2012-2013 APPROPRIATIONS 2 Section 1. 2011 Iowa Acts, chapter 130, section 48, is 3 amended to read as follows: 4 SEC. 48. DEPARTMENT OF CULTURAL AFFAIRS. There is 5 appropriated from the general fund of the state to the 6 department of cultural affairs for the fiscal year beginning 7 July 1, 2012, and ending June 30, 2013, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 1. ADMINISTRATION 11 For salaries, support, maintenance, miscellaneous purposes, 12 and for not more than the following full-time equivalent 13 positions for the department: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,907 15 171,813 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.50 17 The department of cultural affairs shall coordinate 18 activities with the tourism office of the department of 19 economic development authority to promote attendance at the 20 state historical building and at this state’s historic sites. 21 Full-time equivalent positions authorized under this 22 subsection shall be funded, in full or in part, using moneys 23 appropriated under this subsection and , subsections 3 through 24 7 , and subsection 10 . 25 2. COMMUNITY CULTURAL GRANTS 26 For planning and programming for the community cultural 27 grants program established under section 303.3 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,045 29 172,090 30 3. HISTORICAL DIVISION 31 For the support of the historical division: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,383,851 33 2,767,701 34 4. HISTORIC SITES 35 -1- HF 2337 (4) 84 ad/tm 1/ 13
H.F. 2337 For the administration and support of historic sites: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 213,199 2 426,398 3 5. ARTS DIVISION 4 For the support of the arts division: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 466,882 6 933,764 7 6. IOWA GREAT PLACES 8 For the Iowa great places program established under section 9 303.3C : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 11 150,000 12 7. ARCHIVE IOWA GOVERNORS’ RECORDS 13 For archiving the records of Iowa governors: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,967 15 65,933 16 8. RECORDS CENTER RENT 17 For payment of rent for the state records center: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 113,622 19 227,243 20 9. BATTLE FLAGS 21 For continuation of the project recommended by the Iowa 22 battle flag advisory committee to stabilize the condition of 23 the battle flag collection: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,000 25 60,000 26 Sec. 2. BATTLE FLAG RESTORATION FUND. 27 1. A battle flag restoration fund is created and established 28 as a separate and distinct fund in the state treasury under 29 the control of the department of cultural affairs. The moneys 30 in the fund are appropriated to the department for purposes 31 of continuing the project recommended by the Iowa battle flag 32 advisory committee to stabilize the condition of the battle 33 flag collection. Moneys in the fund shall not be subject to 34 appropriation for any other purpose by the general assembly, 35 -2- HF 2337 (4) 84 ad/tm 2/ 13
H.F. 2337 but shall be used only for the purposes of the battle flag 1 restoration fund. 2 2. The battle flag restoration fund shall consist of any 3 moneys appropriated by the general assembly and any other 4 moneys available to and obtained or accepted by the department 5 for placement in the fund including any proceeds from insurance 6 settlements received by the state involving battle flags loaned 7 to other states or entities. 8 3. Notwithstanding section 12C.7, subsection 2, interest or 9 earnings on moneys in the fund shall be credited to the fund. 10 Sec. 3. 2011 Iowa Acts, chapter 130, section 49, subsection 11 1, is amended to read as follows: 12 1. For the fiscal year beginning July 1, 2012, the goals for 13 the department of economic development authority shall be to 14 expand and stimulate the state economy, increase the wealth of 15 Iowans, and increase the population of the state. 16 Sec. 4. 2011 Iowa Acts, chapter 130, section 49, subsection 17 2, unnumbered paragraph 1, is amended to read as follows: 18 To achieve the goals in subsection 1, the department of 19 economic development authority shall do all of the following 20 for the fiscal year beginning July 1, 2012: 21 Sec. 5. 2011 Iowa Acts, chapter 130, section 50, subsection 22 1, is amended to read as follows: 23 1. APPROPRIATION 24 There is appropriated from the general fund of the state to 25 the department of economic development authority for the fiscal 26 year beginning July 1, 2012, and ending June 30, 2013, the 27 following amounts, or so much thereof as is necessary, to be 28 used for the purposes designated in subsection 2, and for not 29 more than the following full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,891,712 31 8,858,424 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.00 33 Of the moneys appropriated pursuant to this subsection, the 34 economic development authority shall not allocate more than 35 -3- HF 2337 (4) 84 ad/tm 3/ 13
H.F. 2337 $75,000 for the purchase of licensing related to a business 1 assistance website. 2 Sec. 6. 2011 Iowa Acts, chapter 130, section 50, subsection 3 2, paragraphs b and c, are amended to read as follows: 4 b. The full-time equivalent positions authorized under this 5 section shall be funded, in whole or in part, by the moneys 6 appropriated under subsection 1 or by other moneys received by 7 the department authority , including certain federal moneys. 8 c. For business development operations and programs, the 9 film office, international trade, export assistance, workforce 10 recruitment, and the partner state program. 11 Sec. 7. 2011 Iowa Acts, chapter 130, section 50, subsection 12 4, paragraph c, is amended to read as follows: 13 c. A business that receives financial assistance from the 14 department authority from moneys appropriated in this section 15 shall only employ individuals legally authorized to work in 16 this state. In addition to all other applicable penalties 17 provided by current law, all or a portion of the assistance 18 received by a business which is found to knowingly employ 19 individuals not legally authorized to work in this state is 20 subject to recapture by the department. 21 Sec. 8. 2011 Iowa Acts, chapter 130, section 50, subsection 22 5, is amended to read as follows: 23 5. USES OF APPROPRIATIONS 24 a. From the moneys appropriated in this section, the 25 department authority may provide financial assistance in the 26 form of a grant to a community economic development entity for 27 conducting a local workforce recruitment effort designed to 28 recruit former citizens of the state and former students at 29 colleges and universities in the state to meet the needs of 30 local employers. 31 b. From the moneys appropriated in this section, the 32 department authority may provide financial assistance to 33 early stage industry companies being established by women 34 entrepreneurs. 35 -4- HF 2337 (4) 84 ad/tm 4/ 13
H.F. 2337 c. From the moneys appropriated in this section, the 1 department authority may provide financial assistance in 2 the form of grants, loans, or forgivable loans for advanced 3 research and commercialization projects involving value-added 4 agriculture, advanced technology, or biotechnology. 5 d. The department authority shall not use any moneys 6 appropriated in this section for purposes of providing 7 financial assistance for the Iowa green streets pilot 8 project or for any other program or project that involves the 9 installation of geothermal systems for melting snow and ice 10 from streets or sidewalks. 11 Sec. 9. 2011 Iowa Acts, chapter 130, section 50, subsection 12 7, is amended to read as follows: 13 7. IOWA COMMISSION ON VOLUNTEER SERVICE 14 For allocation to the Iowa commission on volunteer service 15 for the Iowa’s promise and mentoring partnership programs, for 16 transfer to the Iowa state commission grant program, and for 17 not more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,067 19 178,133 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 21 Of the moneys appropriated in this subsection, the 22 department authority shall allocate $37,500 $75,000 for 23 purposes of the Iowa state commission grant program and $51,567 24 $103,133 for purposes of the Iowa’s promise and mentoring 25 partnership programs. 26 Notwithstanding section 8.33 , moneys appropriated in this 27 subsection that remain unencumbered or unobligated at the close 28 of the fiscal year shall not revert but shall remain available 29 for expenditure for the purposes designated until the close of 30 the succeeding fiscal year. 31 Sec. 10. 2011 Iowa Acts, chapter 130, section 51, is amended 32 to read as follows: 33 SEC. 51. VISION IOWA PROGRAM —— FTE AUTHORIZATION. For 34 purposes of administrative duties associated with the vision 35 -5- HF 2337 (4) 84 ad/tm 5/ 13
H.F. 2337 Iowa program for the fiscal year beginning July 1, 2012, the 1 department of economic development authority is authorized an 2 additional 2.25 FTEs above those otherwise authorized in this 3 division of this Act. 4 Sec. 11. 2011 Iowa Acts, chapter 130, section 52, is amended 5 to read as follows: 6 SEC. 52. INSURANCE ECONOMIC DEVELOPMENT. From the moneys 7 collected by the division of insurance in excess of the 8 anticipated gross revenues under section 505.7, subsection 9 3 , during the fiscal year beginning July 1, 2012, $100,000 10 shall be transferred to the department of economic development 11 authority for insurance economic development and international 12 insurance economic development. 13 Sec. 12. 2011 Iowa Acts, chapter 130, section 53, is amended 14 to read as follows: 15 SEC. 53. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 16 section 15E.120, subsection 5 , there is appropriated from the 17 Iowa community development loan fund all moneys available 18 during the fiscal year beginning July 1, 2012, and ending June 19 30, 2013, to the department of economic development authority 20 for purposes of the community development program. 21 Sec. 13. 2011 Iowa Acts, chapter 130, section 54, is amended 22 to read as follows: 23 SEC. 54. WORKFORCE DEVELOPMENT FUND. There is appropriated 24 from the workforce development fund account created in section 25 15.342A to the workforce development fund created in section 26 15.343 for the fiscal year beginning July 1, 2012, and ending 27 June 30, 2013, the following amount, for purposes of the 28 workforce development fund: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 30 4,000,000 31 Sec. 14. 2011 Iowa Acts, chapter 130, section 55, is amended 32 to read as follows: 33 SEC. 55. WORKFORCE DEVELOPMENT ADMINISTRATION. From 34 moneys appropriated or transferred to or receipts credited 35 -6- HF 2337 (4) 84 ad/tm 6/ 13
H.F. 2337 to the workforce development fund created in section 15.343 , 1 up to $400,000 for the fiscal year beginning July 1, 2012, 2 and ending June 30, 2013, are appropriated to the department 3 of economic development authority for the administration of 4 workforce development activities including salaries, support, 5 maintenance, and miscellaneous purposes, and for not more than 6 the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 8 Sec. 15. 2011 Iowa Acts, chapter 130, section 57, 9 subsections 1, 2, and 4, are amended to read as follows: 10 1. There is appropriated from the general fund of the state 11 to Iowa state university of science and technology for the 12 fiscal year beginning July 1, 2012, and ending June 30, 2013, 13 the following amount, or so much thereof as is necessary, to 14 be used for small business development centers, the science 15 and technology research park, and the institute for physical 16 research and technology, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,212,151 19 843,832 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 56.63 21 22.73 22 2. Of the moneys appropriated in subsection 1, Iowa state 23 university of science and technology shall allocate at least 24 $468,178 $735,728 for purposes of funding small business 25 development centers. Iowa state university of science and 26 technology may allocate moneys appropriated in subsection 1 to 27 the various small business development centers in any manner 28 necessary to achieve the purposes of this subsection. 29 4. It is the intent of the general assembly that the 30 industrial incentive program focus on Iowa industrial 31 sectors and seek contributions and in-kind donations from 32 businesses, industrial foundations, and trade associations, 33 and that moneys for the institute for physical research and 34 technology industrial incentive program shall be allocated 35 -7- HF 2337 (4) 84 ad/tm 7/ 13
H.F. 2337 only for projects which are matched by private sector moneys 1 for directed contract research or for nondirected research. 2 The match required of small businesses as defined in section 3 15.102, subsection 6 10 , for directed contract research or for 4 nondirected research shall be $1 for each $3 of state funds. 5 The match required for other businesses for directed contract 6 research or for nondirected research shall be $1 for each $1 of 7 state funds. The match required of industrial foundations or 8 trade associations shall be $1 for each $1 of state funds. 9 Iowa state university of science and technology shall 10 report annually to the joint appropriations subcommittee on 11 economic development and the legislative services agency the 12 total amount of private contributions, the proportion of 13 contributions from small businesses and other businesses, and 14 the proportion for directed contract research and nondirected 15 research of benefit to Iowa businesses and industrial sectors. 16 Sec. 16. 2011 Iowa Acts, chapter 130, section 59, 17 subsections 1 and 2, are amended to read as follows: 18 1. There is appropriated from the general fund of the 19 state to the university of northern Iowa for the fiscal year 20 beginning July 1, 2012, and ending June 30, 2013, the following 21 amount, or so much thereof as is necessary, to be used for the 22 metal casting institute, the MyEntreNet internet application , 23 and the institute of decision making, including salaries, 24 support, maintenance, miscellaneous purposes, and for not more 25 than the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 287,358 27 517,263 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.75 29 5.55 30 2. Of the moneys appropriated pursuant to subsection 1, the 31 university of northern Iowa shall allocate at least $58,820 32 $117,639 for purposes of support of entrepreneurs through the 33 university’s regional business center. 34 Sec. 17. 2011 Iowa Acts, chapter 130, section 61, 35 -8- HF 2337 (4) 84 ad/tm 8/ 13
H.F. 2337 subsections 1 and 2, are amended to read as follows: 1 1. DIVISION OF LABOR SERVICES 2 a. For the division of labor services, including salaries, 3 support, maintenance, miscellaneous purposes, and for not more 4 than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,747,720 6 3,495,440 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 64.00 8 b. From the contractor registration fees, the division of 9 labor services shall reimburse the department of inspections 10 and appeals for all costs associated with hearings under 11 chapter 91C , relating to contractor registration. 12 2. DIVISION OF WORKERS’ COMPENSATION 13 a. For the division of workers’ compensation, including 14 salaries, support, maintenance, miscellaneous purposes, and for 15 not more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,474,522 17 2,949,044 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 19 b. The division of workers’ compensation shall charge a 20 $100 filing fee for workers’ compensation cases. The filing 21 fee shall be paid by the petitioner of a claim. However, the 22 fee can be taxed as a cost and paid by the losing party, except 23 in cases where it would impose an undue hardship or be unjust 24 under the circumstances. The moneys generated by the filing 25 fee allowed under this subsection are appropriated to the 26 department of workforce development to be used for purposes of 27 administering the division of workers’ compensation. 28 Sec. 18. 2011 Iowa Acts, chapter 130, section 61, subsection 29 4, is amended to read as follows: 30 4. OFFENDER REENTRY PROGRAM 31 a. For the development and administration of an offender 32 reentry program to provide offenders with employment skills, 33 and for not more than the following full-time equivalent 34 positions: 35 -9- HF 2337 (4) 84 ad/tm 9/ 13
H.F. 2337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,232 1 284,464 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 3 b. The department shall partner with the department of 4 corrections to provide staff within the correctional facilities 5 to improve offenders’ abilities to find and retain productive 6 employment. 7 Sec. 19. 2011 Iowa Acts, chapter 130, section 63, subsection 8 1, is amended to read as follows: 9 1. There is appropriated from the special employment 10 security contingency fund to the department of workforce 11 development for the fiscal year beginning July 1, 2012, and 12 ending June 30, 2013, the following amount, or so much thereof 13 as is necessary, to be used for field offices: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 608,542 15 1,217,084 16 Sec. 20. 2011 Iowa Acts, chapter 130, section 64, is amended 17 to read as follows: 18 SEC. 64. UNEMPLOYMENT COMPENSATION RESERVE FUND —— 19 FIELD OFFICES. Notwithstanding section 96.9, subsection 8 , 20 paragraph “e”, there is appropriated from interest earned on 21 the unemployment compensation reserve fund to the department 22 of workforce development for the fiscal year beginning July 1, 23 2012, and ending June 30, 2013, the following amount or so much 24 thereof as is necessary, for the purposes designated: 25 For the operation of field offices: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 27 500,000 28 Sec. 21. 2011 Iowa Acts, chapter 130, section 65, is amended 29 to read as follows: 30 SEC. 65. GENERAL FUND —— EMPLOYEE MISCLASSIFICATION 31 PROGRAM. There is appropriated from the general fund of the 32 state to the department of workforce development for the fiscal 33 year beginning July 1, 2012, and ending June 30, 2013, the 34 following amount, or so much thereof as is necessary, to be 35 -10- HF 2337 (4) 84 ad/tm 10/ 13
H.F. 2337 used for the purposes designated: 1 For enhancing efforts to investigate employers that 2 misclassify workers and for not more than the following 3 full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225,729 5 451,458 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.10 7 Sec. 22. 2011 Iowa Acts, chapter 130, section 67, subsection 8 1, is amended to read as follows: 9 1. There is appropriated from the general fund of the state 10 to the Iowa finance authority for the fiscal year beginning 11 July 1, 2012, and ending June 30, 2013, the following amount, 12 or so much thereof as is necessary, to be used to provide 13 reimbursement for rent expenses to eligible persons under the 14 rent subsidy program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 329,000 16 658,000 17 Sec. 23. 2011 Iowa Acts, chapter 130, section 69, subsection 18 1, is amended to read as follows: 19 1. There is appropriated from the general fund of the state 20 to the public employment relations board for the fiscal year 21 beginning July 1, 2012, and ending June 30, 2013, the following 22 amount, or so much thereof as is necessary, for the purposes 23 designated: 24 For salaries, support, maintenance, miscellaneous purposes, 25 and for not more than the following full-time equivalent 26 positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 528,936 28 1,148,426 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 30 Sec. 24. REPEAL. 2011 Iowa Acts, chapter 130, section 58, 31 is repealed. 32 DIVISION II 33 FILM OFFICE 34 Sec. 25. Section 2.48, subsection 3, paragraph c, 35 -11- HF 2337 (4) 84 ad/tm 11/ 13
H.F. 2337 subparagraph (5), Code 2011, is amended by striking the 1 subparagraph. 2 Sec. 26. Section 15.119, subsection 2, paragraph b, Code 3 Supplement 2011, is amended by striking the paragraph. 4 Sec. 27. Section 303.1, subsection 4, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . e. Film office. 7 Sec. 28. NEW SECTION . 303.95 Film office establishment and 8 purpose. 9 The department shall establish and administer a film office. 10 The purpose of the film office is to assist legitimate film, 11 television, and video producers in the production of film, 12 television, and video projects in the state and to increase the 13 fiscal impact on the state’s economy of film, television, and 14 video projects produced in the state. 15 Sec. 29. Section 422.7, subsection 52, Code Supplement 16 2011, is amended by striking the subsection. 17 Sec. 30. Section 422.33, subsections 23 and 24, Code 18 Supplement 2011, are amended by striking the subsections. 19 Sec. 31. Section 422.35, subsection 23, Code Supplement 20 2011, is amended by striking the subsection. 21 Sec. 32. Section 422.60, subsections 10 and 11, Code 22 Supplement 2011, are amended by striking the subsections. 23 Sec. 33. Section 533.329, subsection 2, paragraphs f and g, 24 Code Supplement 2011, are amended by striking the paragraphs. 25 Sec. 34. REPEAL. Sections 15.391, 15.392, 15.393, 422.11T, 26 422.11U, 432.12J, and 432.12K, Code and Code Supplement 2011, 27 are repealed. 28 Sec. 35. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 Sec. 36. RETROACTIVE APPLICABILITY. This division of this 32 Act applies retroactively to January 1, 2012, for tax years 33 beginning on or after that date. 34 Sec. 37. APPLICABILITY. This division of this Act does not 35 -12- HF 2337 (4) 84 ad/tm 12/ 13
H.F. 2337 apply to contracts or agreements entered into on or before the 1 effective date of this Act. 2 -13- HF 2337 (4) 84 ad/tm 13/ 13