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House File 231 - IntroducedA Bill ForAn Act 1relating to the powers and programs of the economic
2development authority, including apprentice eligibility
3under the apprenticeship training program, and including
4effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 15.106A, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. The general assembly finds and declares
4the following:
5a. That through this section and section 15.106B, the
6authority has been granted broad general powers and specific
7program powers over all of the authority’s statutory programs,
8including but not limited to the programs created pursuant to
9chapters 15, 15A, 15B, 15E, and 15J.
10b. That the broad general powers and the specific program
11powers described in paragraph “a” of this subsection and
12subsection 1, paragraph “m”, specifically include the power
13to interpret any rules adopted by the authority for the
14administration of the programs referenced in paragraph “a”.
15 Sec. 2. Section 15B.2, subsection 1, Code 2017, is amended
16to read as follows:
171. “Apprentice” means a person who is at least sixteen
18years of age, except where a higher minimum age is required
19by law, who is employed in an apprenticeable occupation, who
20is a resident of the state of Iowa, and is registered in
21Iowa with the United States department of labor, office of
22apprenticeship.
23 Sec. 3. LEGISLATIVE FINDINGS AND PURPOSE.
241. The general assembly finds and declares the following:
25a. That the state of Iowa faces a critical shortage of
26skilled workers.
27b. That the apprenticeship training program established
28in chapter 15B is intended to improve the skills of Iowa’s
29workforce and increase the amount of available Iowa workers for
30certain in-demand occupations.
31c. That the amount of financial assistance available under
32the program should be calculated solely based on the number of
33apprentices who are Iowa residents because Iowa residency is an
34efficient method of defining the Iowa workforce.
35d. That calculating financial assistance under the program
-1-1solely based on Iowa residency in order to improve Iowa’s
2workforce is a legitimate governmental purpose.
3e. That the financial assistance available under the
4program is intended to be a statutory benefit and that the
5statute is not intended to bind the state either by creating a
6contractual right or a vested right.
72. The general assembly further declares that the purposes
8of this Act are to clarify the legislative intent in enacting
9chapters 15 and 15B and to cure any unforeseen defect or
10ambiguity in the administration of the authority’s programs.
11 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
12immediate importance, takes effect upon enactment.
13 Sec. 5. RETROACTIVE APPLICABILITY.
141. The section of this Act amending section 15.106A applies
15retroactively to July 1, 2011.
162. The section of this Act amending section 15B.2 applies
17retroactively to July 1, 2015.
183. The section of this Act relating to legislative findings
19and purpose applies retroactively to July 1, 2015.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the powers and programs of the economic
24development authority, including apprentice eligibility for
25purposes of calculating financial assistance awards under the
26apprenticeship training program.
27The bill provides a finding of the general assembly that the
28economic development authority has been granted broad general
29powers and specific program powers over all of the authority’s
30statutory programs, including but not limited to the programs
31created pursuant to Code chapters 15, 15A, 15B, 15E, and
3215J. Under the bill, the general assembly also declares that
33the broad general powers and the specific program powers
34specifically include the power to interpret any rules adopted
35by the authority for the administration of authority programs.
-2- 1Relating to the apprenticeship training program, the bill
2requires that a person be an Iowa resident to qualify as an
3apprentice under the program for purposes of calculating
4financial assistance awards under the program.
5The bill takes effect upon enactment. Under the bill,
6codified provisions related to legislative findings and
7declarations of purpose are retroactive to July 1, 2011, and
8session law provisions related to legislative findings and
9purpose apply retroactively to July 1, 2015.
-3-aw/nh/rn
2development authority, including apprentice eligibility
3under the apprenticeship training program, and including
4effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 15.106A, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. The general assembly finds and declares
4the following:
5a. That through this section and section 15.106B, the
6authority has been granted broad general powers and specific
7program powers over all of the authority’s statutory programs,
8including but not limited to the programs created pursuant to
9chapters 15, 15A, 15B, 15E, and 15J.
10b. That the broad general powers and the specific program
11powers described in paragraph “a” of this subsection and
12subsection 1, paragraph “m”, specifically include the power
13to interpret any rules adopted by the authority for the
14administration of the programs referenced in paragraph “a”.
15 Sec. 2. Section 15B.2, subsection 1, Code 2017, is amended
16to read as follows:
171. “Apprentice” means a person who is at least sixteen
18years of age, except where a higher minimum age is required
19by law, who is employed in an apprenticeable occupation, who
20is a resident of the state of Iowa, and is registered in
21Iowa with the United States department of labor, office of
22apprenticeship.
23 Sec. 3. LEGISLATIVE FINDINGS AND PURPOSE.
241. The general assembly finds and declares the following:
25a. That the state of Iowa faces a critical shortage of
26skilled workers.
27b. That the apprenticeship training program established
28in chapter 15B is intended to improve the skills of Iowa’s
29workforce and increase the amount of available Iowa workers for
30certain in-demand occupations.
31c. That the amount of financial assistance available under
32the program should be calculated solely based on the number of
33apprentices who are Iowa residents because Iowa residency is an
34efficient method of defining the Iowa workforce.
35d. That calculating financial assistance under the program
-1-1solely based on Iowa residency in order to improve Iowa’s
2workforce is a legitimate governmental purpose.
3e. That the financial assistance available under the
4program is intended to be a statutory benefit and that the
5statute is not intended to bind the state either by creating a
6contractual right or a vested right.
72. The general assembly further declares that the purposes
8of this Act are to clarify the legislative intent in enacting
9chapters 15 and 15B and to cure any unforeseen defect or
10ambiguity in the administration of the authority’s programs.
11 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
12immediate importance, takes effect upon enactment.
13 Sec. 5. RETROACTIVE APPLICABILITY.
141. The section of this Act amending section 15.106A applies
15retroactively to July 1, 2011.
162. The section of this Act amending section 15B.2 applies
17retroactively to July 1, 2015.
183. The section of this Act relating to legislative findings
19and purpose applies retroactively to July 1, 2015.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the powers and programs of the economic
24development authority, including apprentice eligibility for
25purposes of calculating financial assistance awards under the
26apprenticeship training program.
27The bill provides a finding of the general assembly that the
28economic development authority has been granted broad general
29powers and specific program powers over all of the authority’s
30statutory programs, including but not limited to the programs
31created pursuant to Code chapters 15, 15A, 15B, 15E, and
3215J. Under the bill, the general assembly also declares that
33the broad general powers and the specific program powers
34specifically include the power to interpret any rules adopted
35by the authority for the administration of authority programs.
-2- 1Relating to the apprenticeship training program, the bill
2requires that a person be an Iowa resident to qualify as an
3apprentice under the program for purposes of calculating
4financial assistance awards under the program.
5The bill takes effect upon enactment. Under the bill,
6codified provisions related to legislative findings and
7declarations of purpose are retroactive to July 1, 2011, and
8session law provisions related to legislative findings and
9purpose apply retroactively to July 1, 2015.
-3-aw/nh/rn