IOWA ASSOCIATION OF COMMUNITY COLLEGE TRUSTEES
IOWA ASSOCIATION OF COMMUNITY COLLEGE PRESIDENTS
2010 LEGISLATIVE SESSION
Summary Report
Reflects the Governor’s Final Actions
April 30, 2010
This summary of the 2010 Legislative session was prepared by Steve Ovel, Kirkwood
Community College, on behalf of and in cooperation with the 2010 Iowa Community College
lobbying team and active legislative liaisons consisting of the following individuals: Don
Avenson, Tom Cope, Matt Eide, Jerry Fitzgerald, Maggie Fitzgerald McElroy, Mark Joyce,
Brice Oakley, John Peterson, Dave Palmer, IACCT Legislative Consultant, and Cindy Schulte,
Iowa Valley Community College District.
Thank you to IACCT Executive Director MJ Dolan for her valued support and leadership
throughout the legislative session.
We also thank the following Community College legislative liaisons for their support with their
local Community College legislative delegations and their frequent trips to the State Capitol:
Ann Watts (DMACC), Julie Stoik (WITCC), Stacy Gibbs (SWCC), Jim Kersten (ICCC), Gary
Mohr (EICCD), Bob Morrissey (IHCC), Clark Marshall (ILCC), Don Kohler (IWCC), Gary
Kaufman (DMACC), Jan Snyder (NCC), Kathy Flynn (HCC), Sethanne DeGabriele (NIACC),
Bill Meck (SCC) and Tracy Kruse (NICC).
We would like to extend a special thank you to Ann Watts, DMACC, for her assistance in
preparing the weekly legislative updates and bill tracking list and for maintaining the IACCT
legislative website and to Gary Kaufman, DMACC, for his capable assistance in preparing bill
drafts for the lobbying team throughout the legislative session.
We also greatly appreciate the support we received from the Iowa State Education Association
lobbying team regarding our state general aid and faculty salary funding requests and the
leadership and lobbying teams from the Association of Business and Industry, the Iowa Chamber
Alliance and the Iowa Business Council for their effective support in protecting the integrity of
the Iowa New Jobs Training Program.
Any questions regarding the information in this report should be directed to Steve Ovel at 319398-5466 or sovel@kirkwood.edu or the IACCT office.
1
Summary of Appropriations
Program
FY 2011
Appropriation
Inc./Dec. over
net FY 2010
Percent
change
State General Aid
Faculty Salary Funding
Voc-Tech Tuition Grant Program
Regional Telecomm. Councils
Workforce Development Fund
Corrections Education Program
ACE Infrastructure Fund
Maintenance Infrastructure Fund
Small Business Development Ctrs.
SBDC Supplemental – GIVF
Workforce Training & Economic
Development Fund (260C.18A)
ACE withholding job credits
Total
$158,754,245*
$
825,012
$ 2,413,959*
$ 1,065,180
$ 4,000,000
$ 1,858,109
$ 5,500,000
$ 2,000,000
$
994,929
$
266,000
$ 9,820,000
($ 16,425,013)
$
0
($
98,999)
($
43,684)
$
0
$
194,402
$
0
$ 2,000,000
$
116,318
($
49,000)
($ 980,000)
(9.4%)
0.0%
(3.9%)
(3.9%)
0.0%
11.7%
0.0%
100.0%
13.2%
(10.0%)
(9.1%)
$ 6,400,000
$193,897,434
($
600,000)
($ 15,885,976)
(10.0%)
( 7.6%)
* Includes supplemental funding appropriated in 2010 to restore FY 2010 ATB cuts
ARRA Federal Stimulus Funding
$
0
($ 25,600,000)
This funding reflected in the State General Aid reduction above.
(100.0%)
Community College Legislative Priorities
1. Protect our State General Aid Support
We secured a restoration of $5.9 million in SGA for FY 2010 as required by the federal
stimulus FY 2006 maintenance of effort requirements.
We secured an increase of $10.0 million in SGA over the Governor‟s FY 2011
recommendation which reflected the federal stimulus FY 2006 maintenance of effort
funding level.
Community College SGA funding for FY 2011 is still $16,425,013 below the net FY 2010
level and $24,308,182 below the original FY 2009 level.
2. Protect our Infrastructure and Job Training Support
We secured level funding for the ACE Infrastructure Fund of $5.5 million and the
Workforce Development Fund of $4.0 million.
The Workforce Training and Economic Development Fund was reduced to $9,820,000.
We secured the restoration of $2.0 million in maintenance infrastructure funding.
The ACE program job credits were cut by $600,000 or ten percent.
3. Protect the Integrity of the Iowa New Jobs Training Program
We succeeded in protecting Chapter 260E from any statutory changes.
A legislative interim study committee has been established to review the future operation of
the program.
2
2010 Legislative Report
Index
Summary of Appropriations
Page 2
Community College Legislative Priorities
Page 2
Interim Study Committees
Page 5
Appropriations Bills
Education Appropriations Bill
Page 6
State General Aid
Faculty Salary Funding
Regional Telecommunications Councils
Student Financial Aid Programs
Vocational-Technical Tuition Grant Program
National Guard Educational Assistance Grant Program
Student Work Study Program
Private College Iowa Tuition Grant Program
All Iowa Opportunity Scholarship Program
State University Funding
Community College Efficiencies Initiatives and Funding Reduction Report
UNI Community College STEM Initiative
Non-profit organizations – Open Meetings & Records Interim Study Committee
Economic Development Appropriations Bill
Page 13
Workforce Development Fund
Small Business Development Centers
Workforce Development Field Offices
New Iowans Centers
Offender Reentry Program
Workforce Training and Economic Development Fund
Page 15
Grow Iowa Values Fund
Iowa Power Fund
Rebuild Iowa Infrastructure Fund
Justice Systems Appropriations Bill
Page 17
Corrections Education
Infrastructure Appropriations Bill
Page 18
Workforce Training and Economic Development Fund
Grow Iowa Values Fund
ACE Infrastructure
Community College Maintenance Infrastructure Funding
Chamber of Commerce Funding
Supplemental Appropriations Bill
Page 20
Setoff Procedures, Depart. of Administrative Services
State General Aid
Regent Universities
3
Vocational Technical Tuition Grant Program
Iowa National Guard Educational Assistance Program
Iowa All Opportunity Scholarship Program
Reduction of the Grow Iowa Values Fund
Salary and Standings Bill
Page 22
Iowa Power Fund
Apprenticeship Programs
Health and Human Services Appropriations Bill
Page 22
Food stamp employment and training program
Bills of Primary Interest to Community Colleges
Retirement Systems
Page 23
Iowa Public Employees Retirement System.
Government Reorganization
Page 24
Community College Accreditation Recommendations – Implementation Review.
Community College Accreditation Advisory Committee – Instructional Hours
Study.
Community College Academic Workload Exception – Fiscal Year 2010-2011.
Tax Credit Reform
Page 24
Industrial New Jobs Training Interim Study Committee
Reduction in ACE job credits from withholding
Nurses Aides Checks
Page 27
Nursing Workforce and Data
Page 29
Veterans Affairs
Page 30
Green Cleaning Products
Page 31
Iowa Innovation Council
Page 32
Public Employee Collective Bargaining Changes
Page 33
Bills of Secondary Interest to Community Colleges
Child Care Provider Checks
Page 35
Campaign Finance Requirements and Reporting
Page 35
Plant Closing Notification
Page 36
Minority Hiring
Page 36
Technical Changes to Election Law
Page 37
Veterans Day Holiday for Veterans
Page 38
Drivers Education Instructor Issues
Page 38
EMS Licensure and Training Programs
Page 39
Bills of Interest to Community Colleges not Enacted by the Legislature
Facilities Sharing Pilot Program
Page 40
Withholding Tax Credits
Page 41
Tables
Table 1: State General Aid Distribution
Page 43
Table 2: State General Aid Distribution Correction
Page 44
Table 3: FY 2010 State General Aid History
Page 45
Table 4: Faculty Salary Funding History
Page 46
Table 5: Workforce Development Fund Distribution
Page 47
Table 6: Workforce Training & Economic Development Fund
Page 48
Table 7: Maintenance Infrastructure Distribution
Page 49
4
Interim Study Committees
Iowa New Jobs Training Program Interim Study Committee
The legislative council is requested to establish an interim study committee to evaluate the
effectiveness of Iowa's industrial new jobs training program and make recommendations on the
future of the program. The study committee shall issue a report to the general assembly
containing its findings and recommendations by January 15, 2011 (page 25).
Non-profit Organizations – Open Meetings and Open Records Interim Study
Committee
The legislative council is requested to establish an interim study committee to study the inclusion
under the open meetings and open records laws of nonprofit organizations that are supported in
whole or in part with public funds or revenues derived from public fees, that were established by,
or are operated by, governing boards whose memberships were or are substantially comprised of
state or local elected officials or appointees of governmental bodies. The interim study
committee shall report its findings and recommendations to the general assembly not later than
December 15, 2010 (page 13).
Community College Accreditation Recommendations – Implementation
Review
The department of education shall review and evaluate the implementation of the
recommendations submitted on January 22, 2010, by the community college accreditation
advisory committee in its final report to the general assembly. The department shall submit its
findings and recommendations to the general assembly on or before December 31, 2010 (page
24)
Community College Accreditation Advisory Committee – Instructional Hours
Study
The department of education shall convene a working group, whose members shall include at a
minimum the members of the community college accreditation advisory committee and the
community college faculty advisory committee. The working group shall study the maximum
academic credit hour per school term workload appropriate for an instructor beyond the standard
workload. The working group shall submit its findings and recommendations to the state board
of education and the general assembly on or before December 31, 2010 (page 24).
Racial and Ethnic Minority Teacher Recruitment Study
Representatives of the department of education, the area education agencies, and public and
private colleges and universities will study the opportunities for the recruitment and retention of
racial and ethnic minority teachers (page 35).
5
Education Appropriations Bill: Senate File 2376
Signed by the Governor
State General Aid for Community Colleges. Appropriates $158,754,232 in state general aid
(SGA) to the community colleges. This is a decrease of $16,425,013 or 9.38% compared to the
net FY 2010 appropriation of $175,179,245 which includes $825,012 in FY 2010 faculty salary
funding being built into our SGA base.
The original state general aid appropriation to community colleges for FY 2010 was
$158,678,501. That reflected a reduction in SGA base funding of $21,637,977 from our net FY
2009 appropriation of $180,316,478. The original FY 2009 appropriation was $183,064,414.
The FY 2010 community college state general aid appropriation was supplemented with
$25,600,000 in one-time federal ARRA stimulus funds resulting in a FY 2010 appropriation of
$184,278,501.
On October 8, 2009, Governor Culver instituted a 10% across the board cut in state general aid
necessitated by declining state revenues. That represented a loss of $15,867,846 in community
college SGA reducing our FY 2010 state general aid allocation to $168,410,655.
The federal American Recovery and Reinvestment Act (ARRA) stimulus funding has
maintenance of effort provisions that requires states to fund public institutions of higher
education at a level no lower than their level of state support in FY 2006 in fiscal years 2009,
2010 and 2011. The 10% across the board cut reduced our level of state general aid support
below that level. As a result, the legislature funded a supplemental SGA appropriation of
$5,943,580 for FY 2010 approved in March 2010 (see Senate File 2366, page 20) necessitated by
the federal stimulus funding maintenance of effort requirement. That supplemental appropriation
restored SGA in FY 2010 to $174,354,235.
SGA Table 1: The FY 2010 SGA net appropriation column in the table below reflects a FY
2010 SGA appropriation of $158,678,501, supplemented with $25,600,000 in one-time federal
ARRA stimulus funds, reduced by $15,867,846 by the 10% across the board budget cut
authorized by the Governor on October 8, 2009, with a supplemental appropriation of
$5,943,580 approved in March 2010 necessitated by the federal stimulus funding maintenance of
effort requirement, and the $825,012 in faculty salary funding being built into our FY 2010 base.
See Table 1 for a detailed spreadsheet (page 40).
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
FY 2010 SGA
Net Appropriation
FY 2011 SGA
Appropriation
Decrease over
FY 2010 Net Base
$
$
$
$
$
$
$
$
$
$
($
($
($
($
($
8,740,620
9,394,934
8,656,220
4,249,291
9,529,120
6
7,883,981
8,436,896
7,768,728
3,815,063
8,716,704
856,639)
958,038)
887,492)
434,228)
812,416)
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
$
$
$
$
$
$
$
$
$
$
8,273,482
12,289,188
15,277,649
26,453,584
26,470,231
10,038,153
10,236,951
4,311,116
13,520,379
7,738,328
Total
$175,179,245
$
$
$
$
$
$
$
$
$
$
7,429,793
11,063,319
13,761,226
24,208,455
24,375,295
9,034,857
9,285,726
3,872,747
12,139,931
6,961,511
$158,754,232
($
($
($
($
($
($
($
($
($
($
843,689)
1,225,869)
1,516,423)
2,245,129)
2,094,935)
1,003,296)
951,225)
438,369)
1,380,447)
776,817)
($ 16,425,013)
SGA Table 2: The FY 2011 SGA appropriation in Table 1 above was distributed with a formula
error in the spreadsheet used by the Department of Education. That error was not identified until
after the Education Appropriations Bill was passed by the legislature. The corrected distribution
is shown in the second column of Table 2 below. This correction to the FY 2011 SGA will have
to be made by the 2011 Legislature in the Supplemental Appropriations Bill and the adjustments
listed below in column three made in the fourth quarter monthly SGA distributions.
Distributions prior to that time will be based on the appropriation levels provided for in SF 2376
as shown in Table 1 above. See Table 2 for a detailed spreadsheet (page 41).
FY 2011 SGA
Appropriation
Incorrect
FY 2011 SGA
Appropriation
Correct
Difference to be
Adjusted in 2011
Supplemental Bill
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
($
($
($
$
($
($
($
$
$
($
$
($
($
($
Total
$158,754,232
7,883,981
8,436,896
7,768,728
3,815,063
8,716,704
7,429,793
11,063,319
13,761,226
24,208,455
24,375,295
9,034,857
9,285,726
3,872,747
12,139,931
6,691,511
7,888,455
8,408,384
7,736,496
3,801,124
8,735,448
7,404,285
11,051,482
13,756,305
24,263,489
24,481,690
9,025,883
9,294,922
3,860,407
12,096,214
6,949,647
$158,754,232
$
4,474
28,512)
32,233)
13,939)
18,745
25,507)
11,837)
4,921)
55,034
106,395
8,974)
9,196
12,340)
43,717)
11,864)
0
See Table 3 for a detailed spreadsheet detailing the community college state general aid
history for FY 2010 (page 42).
7
State General Aid Appropriations History:
FY 1988
FY 1989
FY 1990
FY 1991
FY 1992
FY 1993
FY 1994
FY 1995
FY 1996
FY 1997
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$ 75,399,923
$ 80,351,182
$ 87,275,326
$ 99,007,776
$103,957,683
$105,999,720
$111,520,721
$115,470,717
$120,871,270
$126,006,271
$130,582,051
$135,366,156
$141,577,403
$147,577,403
$137,585,680
$138,585,680
$139,260,763
+$ 4,951,259
+$ 6,924,144
+$11,732,450
+$ 4,949,907
+$ 2,042,037
+$ 5,521,001
+$ 3,949,996
+$ 5,400,553
+$ 5,135,001
+$ 4,575,780
+$ 4,784,105
+$ 6,211,247
+$ 6,000,000
($ 9,991,723)
+$ 1,000,000
+$ 675,083
+$ 762,675 one time supplement
($ 3,481,519) 2 ½% ATB cut
+$ 4,000,000
+$ 9,800,000
+$10,000,000
+$12,383,170
+$ 9,100,000
($ 2,745,936 )1 ½% ATB cut
($21,637,977)
+$25,600,000 ARRA one time supp.
($15,867,846) 10% ATB cut, Oct. 8, 2009
+$ 5,943,580 ARRA MOE supplemental
+
825,012 Fac. Sal. added to SGA base
($16,425,013)
$135,779,244
$139,779,244
$149,579,244
$159,579,244
$171,962,414
$183,062,414
$180,316,478
$158,678,501
$184,278,501
$168,410,655
$174,354,235
$175,179,245
$158,754,232
Community College Faculty Salaries. Appropriates $825,012 for distribution to community
colleges to supplement faculty salaries. This is $91,668 or 10% less than the FY 2010
appropriation and reflects the 2010 ten percent SGA across the board cut carried into FY 2011.
This is the fourth year for this appropriation. Future annual appropriations are uncertain
although there is a tentative commitment by legislative leadership to provide additional funding
in future years in an effort to increase community college faculty salaries to the national average.
These funds are to be built into our base SGA appropriation for all future years. This was done
in FY 2008 and FY 2010 but was not done for the FY 2009 appropriation due to the budget cuts
experienced in the FY 2010 appropriation process. See Table 4 for a spreadsheet detailing the
community college faculty funding history (page 43).
8
Community College Faculty Salary Funding History:
FY 2008
$2,000,000
FY 2009
$1,500,000
Was not built into our base as required
FY 2010
$ 916,680
($ 91,668) 10% ATB cut, Oct. 8, 2009
$ 825,012
Net allocation
FY 2011
$ 825,012
Limit on future reductions in funding. The bill provides that moneys appropriated by the
General Assembly to the Department of Education for community college instructor salaries are
not subject to a future uniform reduction in accordance with section 8.31, an across the board
budget cut. This provision is effective upon enactment of the bill.
The distribution of faculty salary funding will be determined by the Department of
Education at a later date. See Iowa Code section 260C.18D for background on the faculty
salary distribution formula.
Regional Telecommunications Councils. Appropriates $1,065,180 to the Regional
Telecommunications Councils to provide technical assistance for ICN network classrooms,
planning and troubleshooting for local area networks, scheduling of video sites and other related
support activities. This is a decrease of $43,684 compared to the net FY 2010 appropriation for a
general reduction of 3.94%. The regional distribution is based on a per region amount plus a per
site amount. The final distribution for FY 2011 will be determined by the Educational
Telecommunications Council.
Regional Telecommunications Councils Appropriations History:
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$1,750,000
$1,858,192
$1,858,192
$1,692,188
$1,522,393
$1,272,285
$1,272,285
$1,240,478
$1,240,478
$1,240,478
$1,364,525
$1,364,525
$1,232,071
$1,108,864
$1,065,180
Reduced by 10% ATB cut
Vocational-Technical Tuition Grant Program. Appropriates $2,413,959 for the VocationalTechnical Tuition Grant Program. This is a decrease of $98,999 compared to the net FY 2010
9
appropriation for a general reduction of 3.94%. The current funding level provides average
grants of $800 to an estimated 3,200 students. The maximum grant is $1,200.
Vocational-Technical Tuition Grant Program Appropriations History:
Fiscal
Year
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
Funding
Applicants
$1,875,000
$2,244,197
$2,482,400
$2,482,400
$2,482,400
$2,375,657
$2,533,115
$2,533,115
$2,533,115
$2,533,115
$2,783,115
$2,783,115
$2,512,958
$2,261,662
$2,512,958
$2,413,959
23,499
21,581
21,747
19,108
14,307
19,523
20,888
21,476
20,525
Students
Assisted
5,217
5,859
5,890
6,051
5,899
2,767
2,642
2,891
2,961
2,950
3,397
3,211
Average
Award
$ 416
$ 383
$ 421
$ 410
$ 403
$ 859
$ 899
$ 876
$ 850
$ 850
$ 817
$ 836
Reduced by 10% ATB cut
Restored through supplemental appropriation
National Guard Educational Assistance Program. Appropriates $3,186,233 to the College
Student Aid Commission for the National Guard Tuition Aid Program. This is an increase of
$110,450 compared to the estimated net FY 2010 appropriation. The current funding level
provided average awards of $3,322 to an estimated 1,269 students in FY 2009. Maximum award
is limited to the cost of attendance at Regents universities.
Student Work Study Program. Funding for this program was eliminated in FY 2010. This
was a decrease of $980,075 compared to the estimated net FY 2009 appropriation. This standing
program was eliminated in FY 2002 with a loss of $2,750,000 in funding.
Private College Iowa Tuition Grant Program. Appropriates $44,013,448 to the Iowa Tuition
Grant Program in support of students attending Iowa‟s private colleges and universities.
Appropriates $4,650,487 to the Iowa Tuition Grant Program to for students attending for profit
private institutions.
All Iowa Opportunity Scholarship Program. Appropriates $2,403,949 for the All Iowa
Opportunity Scholarship Program.
Appropriates $594,383 for the All Opportunity Foster Care Grant Program.
10
State University Funding. Appropriates to the Regents $542,035,206 in state general aid for all
university programs.
Community College Efficiencies Initiatives and Funding Reduction Report. The Board of
Directors of each community college shall submit to the Department of Education on or before
October, 1, 2010, a report which provides details on any initiatives implemented by the
community college to create greater efficiency within the community college during the 20092010 fiscal year, and details on the methods by which the community college implemented
budget reductions ordered by the Governor pursuant to executive order number 19 issued
October 8, 2009 [the 10% across the board cut]. The Department shall compile and summarize
the reports in a report to be submitted to the State Board of Education and the General Assembly
on or before December 15, 2010.
University of Northern Iowa appropriation: Science, technology, engineering, and
mathematics (STEM) collaborative initiative. Appropriates $1,800,000 for purposes of
establishing a science, technology, engineering, and mathematics (STEM) collaborative
initiative:
From the moneys appropriated in this lettered paragraph up to $300,000 shall be allocated for
salaries, staffing, and institutional support. The remainder of the moneys appropriated in this
lettered paragraph shall be expended only to support activities directly related to recruitment
of kindergarten through grade 12 mathematics and science teachers and for ongoing
mathematics and science programming for students enrolled in kindergarten through grade 12.
The University of Northern Iowa shall work with the community colleges to develop STEM
professional development programs for community college instructors and STEM curriculum
development.
Iowa Association of School Boards Issues. Requires each school board that pays membership
dues to the Iowa association of school boards to annually report to the local community and to
the department of education:
The amount the board pays in membership dues to the Iowa association of school boards,
The amount of any fees paid and revenue or dividend payments received for services the
board receives from the association or from any of the association's affiliated for-profit
entities, and
The products or services the school district received inclusive with membership in the
association.
The bill requires the association to annually publish a listing of the total revenue it receives from
each school district resulting from the payment of membership fees and the sale of products and
services to the school district by the association or its affiliated for-profit entities. The
association must submit to the general assembly copies of all reports the association provides to
the U.S. department of education relating to federal grants and grant amounts that the association
or its affiliated for-profit entities administer or distribute to school districts. The bill also makes
the IASB subject to the Iowa open meetings and public records laws.
These requirements pertain only to K-12 school boards and school corporations. Similar
language pertaining to community colleges was amended into the bill by the House but then
11
removed by the Senate and replaced with the interim study committee to study the issue. At this
time we are uncertain if the following requirements pertain to our community colleges or the
Iowa Association of Community College Trustees who pays our dues to the IASB.
The bill contains the following language. Underlining is new statutory language:
Section 279.38, Code 2009, is amended to read as follows:
279.38 Membership in association of school boards.
1. Boards of directors of school corporations may pay, out of funds available to them,
reasonable annual dues to the Iowa association of school boards. Each board that pays
membership dues to the Iowa association of school boards shall annually report to the local
community and to the department of education the amount the board pays in annual dues to the
Iowa association of school boards, the amount of any fees paid and revenue or dividend
payments received for services the board receives from the association or from any of the
association's affiliated for-profit entities, and the products or services the school district received
inclusive with membership in the association.
2. The financial condition and transactions of the Iowa association of school boards
shall be audited in the same manner as school corporations as provided in section 11.6. In
addition, annually the Iowa association of school boards shall publish a listing of the school
districts and the annual dues paid by each, the total revenue the association receives from each
school district resulting from the payment of membership fees and the sale of products and
services to the school district by the association or its affiliated for-profit entities, and shall
publish an accounting of all moneys expended for expenses incurred by and salaries paid to
legislative representatives and lobbyists of the association.
In addition, the association shall submit to the general assembly copies of all reports
the association provides to the United States department of education relating to federal grants
and grant amounts that the association or its affiliated for-profit entities administer or distribute
to school districts. The Iowa association of school boards is subject to chapters 21 and 22
relating to open meetings and public records.
3. Membership in such an Iowa association of school boards shall be limited to those
duly elected members of the boards of directors of local school corporations.
Section 279.38A, Code 2009, is amended to read as follows:
279.38A Membership in other organizations -- reporting requirements.
1. Duly elected members of boards of directors and designated administrators of
school corporations may join, including the payment of dues, and participate in local, regional,
and national organizations which directly relate to the functions of the board of directors.
2. Each board that pays membership dues to an organization in accordance with this
section shall annually report to the local community and to the department of education the
amount the board pays in annual dues to the organization, the amount of any fees paid and
revenue or dividend payments received for services the board receives from the organization, and
the products or services the school district received inclusive with membership in the
organization. If the organization administers federal education grants on behalf of school
districts or distributes federal education grant funds to school districts, the organization shall
12
submit to the general assembly copies of all reports the organization provides to the States
department of education, on the date on which each such report is provided to the United States
department of education, relating to federal grants and grant amounts that the organization
administers for or distributes to school districts. The governing board of the organization is
subject to chapters 21 and 22 relating to open meetings and public records.
Non-profit organizations – Open meetings and open records interim study committee.
The legislative council is requested to establish an interim study committee to study the inclusion
under the open meetings and open records laws of nonprofit organizations that are supported in
whole or in part with public funds or revenues derived from public fees, that were established by,
or are operated by, governing boards whose memberships were or are substantially comprised of
state or local elected officials or appointees of governmental bodies. The interim study
committee shall report its findings and recommendations to the general assembly not later than
December 15, 2010.
Economic Development Appropriations Bill: House File 2522
Signed by the Governor
Workforce Development Fund. Appropriates $4,000,000 from the Workforce Development
Fund Account to the Iowa Department of Economic Development‟s (DED) Workforce
Development Fund program. This is level funding with FY 2010. By statute, $3,000,000 is
distributed by formula to the community colleges for job training projects authorized under
Chapter 260F and $1,000,000 is distributed to those community colleges with eligible
apprenticeship programs also authorized under Chapter 260F and based on each community
college‟s proportional share of eligible contact hours from the previous year. That distribution
will be determined after the FY 2010 numbers are certified. The bill allows the DED to use up to
$400,000 of these funds for the administration and four FTE positions in support of these
programs however they will draw their administrative dollars from their 260E one percent funds
instead. This transfer of funds is authorized in the bill. From the $3,000,000 260F allocation,
$300,000 will be taken and placed in the community college business consortium training fund
leaving $2,700,000 for distribution based on each community college‟s proportional share of
SGA in FY 2010 as provided for by administrative rule. These are the official numbers as
determined by the Department of Education. See Table 5 for a detailed spreadsheet (page 44).
FY 2011
Allocation
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
$
$
$
$
$
$
$
$
$
134,774
144,782
133,416
65,486
146,842
127,506
189,426
235,456
407,709
13
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
$
$
$
$
$
$
408,041
154,683
157,793
66,446
208,373
119,269
Total
$2,700,000
Workforce Development Fund Appropriations History:
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$4,250,000
$6,850,000
$8,800,000
$8,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
$4,000,000
Cap reduced from $10.0 to $8.0 million
Cap reduced from $8.0 to $4.0 million
Small Business Development Centers (ISU Economic Development Programs).
Appropriates $2,575,983 to the economic development programs at Iowa State University which
represents an increase of $100,000 compared to the estimated net FY 2010. The bill requires an
allocation of $994,929 for the Small Business Development Centers, many of which are located
at our states Community Colleges. This is an increase of $116,318 over the net FY 2010 level of
funding. An increase of $100,000 is intended to increase assistance to small businesses for
providing one-on-one business planning and marketing counseling. The Grow Iowa Values Fund
also appropriates $350,000 in supplemental funding for the SBDC‟s in each of the next five
years. That allocation was reduced to $266,000 for FY 2011.
Small Business Development Centers Appropriations History:
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
General Fund
$1,222,880
$1,235,880
$1,248,329
$1,211,869
$1,147,192
$ 459,831
GIVF
14
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$ 460,000
$ 550,000
$ 550,000
$ 650,000
$ 900,000
$1,060,000
$ 976,234
$ 994,929
$350,000
$350,000
$350,000
$350,000
$315,000
$266,000
Workforce Development Field Offices. Appropriates $11,343,047 from the general fund to
support the state‟s system of rural and satellite workforce development center field offices, the
New Iowans Centers and the IWD state board. This is an increase of $547,573 or 5.1%
compared to the estimated net FY 2010 appropriation.
Appropriates $6,500,000 from the Unemployment Compensation Reserve Fund to the
Department for Field Offices. Appropriates $662,427 from the Special Employment Security
Contingency Fund for the Workforce Development Field Offices. Specifies that $11,110,137 of
the General Fund appropriation for Workforce Development Operations is to be used for the
operation of Field Offices. The result is total funding for the Field Offices from all funding
sources of $18,272,564. This is an increase of $776,348 compared to the estimated net FY 2010.
Prohibits the IWD from reducing the number of Field Offices below the number in operation on
January 1, 2009. There are currently 55 Field Offices, including one-stop offices and State
offices.
New Iowans Centers. The Department of Workforce Development (IWD) is directed to
maintain New Iowans Centers that offer one-stop services to deal with the multiple issues related
to immigration and employment. The centers are designed to support workers, businesses, and
communities with information, referrals, job placement assistance, translation, language training,
and resettlement, as well as technical and legal assistance on such issues as forms and
documentation. Through the coordination of local, state, and federal service providers, and
through the development of partnerships with public, private and nonprofit entities with
established records of international service, these centers shall seek to provide a seamless service
delivery system for new Iowans.
Offender Reentry Program. Appropriates $322,261 to support an initiative begun in FY 2009
that will provide for the development and administration of an offender reentry program to
provide offenders with employment skills. IWD will partner with the Department of Corrections
to provide staff within the correctional facilities to improve offender‟s abilities to find and retain
productive employment. This is level funding with FY 2010.
Workforce Training and Economic Development Fund (260C.18A)
See Senate File 2389 and Senate File 2385
Grow Iowa Values Fund (GIVF). A standing appropriation of $7.0 million is deposited
annually from the $50.0 million GIVF established in 2005, into the Community College
15
Workforce Training and Economic Development Fund accounts established under Section
260C.18A. FY 2011 will be the sixth year of this standing appropriation. The GIVF
appropriation is now being paid from the Rebuild Iowa Infrastructure Fund and not the General
Fund. The GIVF appropriation for FY 2011 was reduced by 24% to $38,000,000 reducing
the community college allocation to $5,320,000 for FY 2011. See Senate File 2389 (page 18).
Iowa Power Fund (IPF). A standing appropriation of $2,500,000 is deposited annually from
the $25.0 million IPF established in 2007, to the Workforce Training and Economic
Development Fund accounts established under Section 260C.18A for a period of four years. FY
2011 will be the fourth and last year of that standing appropriation. The IPF appropriation was
reduced to $21,600,000 for FY 2011 but Section 469.10 of the Iowa Code requires that the
full $2,500,000 be deposited into the Workforce Training and Economic Development Fund
in FY 2011. See House File 2531 (page 22).
Rebuild Iowa Infrastructure Fund (RIIF). Appropriates $2,000,000 from the Rebuild Iowa
Infrastructure Fund for deposit into the Community College Workforce Training & Economic
Development Fund created for each Community College in Section 260C.18A, notwithstanding
Section 8.57, subsection 6, paragraph „c”, which eliminates the need for the funding to be used
only for vertical infrastructure purposes. This is the fourth year of this annual appropriation from
the RIIF and level funding compared to FY 2010. See Senate File 2389 (page 18).
These three appropriations result in a total FY 2011 appropriation of $9,820,000, a reduction in
funding of $980,000 from the FY 2010 appropriation and will be distributed as follows using the
funding distribution formula as provided for in Section 260C.18A. See Table 6 for detailed
spreadsheet (page 45).
FY 2010
FY 2011
Allocation
Allocation
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
Total
$ 496,239
$ 440,312
$ 392,042
$ 199,535
$ 678,794
$ 390,257
$ 652,007
$ 848,005
$2,074,523
$2,215,230
$ 541,933
$ 644,469
$ 203,461
$ 623,284
$ 399,909
$10,800,000
$ 455,566
$ 413,527
$ 367,491
$ 184,668
$ 641,181
$ 363,278
$ 599,031
$ 766,889
$1,790,466
$2,005,798
$ 490,737
$ 593,714
$ 191,481
$ 589,049
$ 367,125
$9,820,000
16
Workforce Training and Economic Development Fund Appropriations History:
Grow Iowa Power Fund
Values Fund
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$
$
$
$
$
$
-$
$
$
3,758,065
3,106,160
7,000,000
7,000,000
7,000,000
7,000,000
1,400,000
6,300,000
5,320,000
Rebuild Iowa Total
Infrastructure
Fund
$ 2,500,000 $ 2,000,000
$ 2,500,000 $ 2,000,000
20% flood recovery cut
$ 2,500,000 $ 2,000,000
$ 2,500,000 $ 2,000,000
$11,500,000
$11,500,000
$10,100,000
$10,800,000
$ 9,820,000
Justice Systems Appropriations Bill: Senate File 2378
Signed by the Governor
Corrections Education. Appropriates $1,558,109 for educational programs for inmates at state
penal institutions. This is a $194,402 increase over the net FY 2010 appropriation of $1,363,707.
This appropriation is distributed through five community colleges serving those institutions. It
specifies that it is the intent of the General Assembly that these funds be used only for inmate
education. It requires the Department of Corrections (DOC) to consult with community colleges
located within the area of the prisons regarding how to maintain the high school completion, high
school equivalency diploma, adult literacy, and adult basic education programs at the
institutions. It requires the DOC to establish guidelines and procedures to prioritize admission to
educational and vocational programs to facilitate inmate‟s successful release from the
correctional facility. It permits the DOC to transfer funds from Iowa Prison Industries for
educational programs for inmates.
Requires the DOC to transfer at least $300,000 from Canteen Funds to the Corrections Education
Program.
Corrections Education Appropriations History:
FY 1998
FY 1999
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
$2,950,600
$2,950,600
$3,294,775
$3,294,775
$3,075,014
$ 100,000
$1,000,000
$1,008,358
$1,008,358
$1,070,358
$1,570,358
Program funding eliminated
Program funding partially restored
17
FY 2009
FY 2010
FY 2011
$1,870,358
$1,858,109
$1,663,707
$1,858,109
Includes Canteen Fund funding
Includes Canteen Fund funding
Reflects ATB cut and includes canteen funding
Includes Canteen Fund funding
Infrastructure Appropriations Bill: Senate File 2389
Signed by the Governor
Workforce Training and Economic Development Fund - Rebuild Iowa Infrastructure Fund
(RIIF). Appropriates $2,000,000 from the RIIF for deposit into the Community College
Workforce Training & Economic Development Fund accounts created for each community
college in Section 260C.18A, notwithstanding Section 8.57, subsection 6, paragraph „c”, which
eliminates the need for the funding to be used only for vertical infrastructure purposes. This is
the fourth year of this annual appropriation from the RIIF and level funding compared to FY
2010.
Grow Iowa Values Fund - Rebuild Iowa Infrastructure Fund. Appropriates $38,000,000
from the RIIF for deposit into the GIVF. This is a reduction of $12,000,000 or 24% from the
annual standing appropriation. The bill specifies that the Community College Workforce
Training & Economic Development Funds are to receive an allocation of $5,320,000 from this
appropriation. This is a reduction of $980,000 or 15.6% from the FY 2010 allocation of
$6,300,000.
Accelerated Career Education (ACE) Infrastructure Program. Appropriates $5,500,000
from the Revenue Bonds Capitals II Funds (RBC2) Appropriations for infrastructure
improvements at community colleges associated with implementing ACE Programs authorized
under Chapter 260G. This is level funding compared to FY 2010. There is no distribution
language in the bill but it is assumed that the funding will be distributed equally to all
community colleges as it has been in prior years. Each community college will be allocated
$366,667. Historically, any unencumbered or unobligated funds, remaining after April 1, 2006,
will be made available for use by other community colleges.
Accelerated Career Education (ACE) Program Infrastructure Appropriations History:
FY 2000
FY 2001
FY 2002
FY 2003
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
$7,500,000
$5,300,000
$2,500,000
$2,500,000
$5,500,000
$5,500,000
$5,500,000
$5,500,000
$5,500,000
$5,500,000
$5,500,000
$5,500,000
18
Community College Maintenance Infrastructure Funding. Appropriates $2.0 million from
the Revenue Bonds Capitals II Funds (RBC2) Appropriations for major renovation and major
repair needs, including health, life, and fire safety needs, and for compliance with the federal
Americans with Disabilities Act, for state buildings and facilities under the purview of the state‟s
community colleges. There is no distribution language in the bill but it is assumed that the
funding will be allocated to the community colleges based upon the SGA distribution formula
established in Section 260C.18C as it was in the previous year‟s appropriations. Community
colleges received $2.0 million each year for fiscal years FY 2007 through FY 2009 from several
funds for this purpose. No funding was received in FY 2010.
The FY 2011 appropriation will be distributed as follows using the SGA funding distribution
formula as provided for in the previous year‟s appropriation language. These are the official
numbers as determined by the Department of Education. See Table 7 for a detailed
spreadsheet (page 46).
FY 2011
Allocation
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
99,832
107,246
98,826
48,508
108,772
94,449
140,316
174,412
302,007
302,253
114,580
116,883
49,219
154,350
88,347
Total
$2,000,000
Chamber of Commerce Funding. At the end of the legislative session, Kirkwood and NIACC
were approached by Senate Legislative leaders asking for their help in their effort to secure
infrastructure funding for new Chamber of Commerce facilities in Cedar Rapids and Mason City
that were affected by the 2008 floods. Both Chambers are building new Chamber of Commerce
Centers.
Because of concerns from some House members about approving funding for Chamber of
Commerce buildings in these two flood recovery areas, Kirkwood and NIACC agreed to the
request of Senate Democrats to have the appropriations made to their two colleges and to then
19
pass the funding through for use soley on these two Chamber projects. The appropriations will
be targeted for small business and incubator activities that will be provided for in the new
facilities. The appropriations are as follows:
To North Iowa Area Community College for the construction of a small business center for
economic development: $ 1,500,000
To Kirkwood Community College for the construction of a small business center for
economic development: $ 1,200,000
Minority and Female Owned Businesses and Bond Issuance Services. The following new
section is added to the Iowa Code:
Section 73.14. Minority-owned and female-owned businesses--bond issuance services.
1. The state, board of regents institutions, counties, townships, school districts,
community colleges, cities, and other public entities, and every person acting as contracting
agent for any such entity, shall, when issuing bonds or other obligations, make a good-faith effort
to utilize minority-owned and female-owned businesses for attorneys, accountants, financial
advisors, banks, underwriters, insurers, and other occupations necessary to carry out the issuance
of bonds or other obligations by the entity.
2. For purposes of this section:
a. "Female-owned business" means a business that is fifty-one percent or
more owned, operated, and actively managed by one or more women.
b. "Minority-owned business" means a business that is fifty-one percent or
more owned, operated, and actively managed by one or more minority
persons.
Supplemental Appropriations Bill: Senate File 2366
Signed by the Governor
Effective upon Enactment
Setoff Procedures, Department of Administrative Services. Requires the community colleges
to prescribe to setoff procedures to permit a person to contest the amount of liability to a
community college.
Section 8A.504, subsection 2, Code 2009, is amended by adding the following new
paragraph:
NEW PARAGRAPH. k. If the alleged liability is owing and payable to a community
college and setoff pursuant to this section is sought, both of the following shall apply:
(1) In addition to satisfying other applicable setoff procedures established under this
subsection, the community college shall prescribe procedures to permit a person to contest
the amount of the person's liability to the community college. Such procedures shall be
consistent with and ensure the protection of the person's right of due process under Iowa law.
(2) The collection entity shall, except for the procedures prescribed pursuant to
subparagraph (1), prescribe any other applicable procedures concerning setoff as provided in
this subsection.
Supplemental Appropriation for Community College State General Aid for FY 2010. FY
2010 SGA funding of $5,943,581 was restored to community colleges, allocated proportionately
20
to the FY 2010 funding received by each community college. This increases the FY 2010
funding for community colleges to $149,579,244 when combined with the community colleges
faculty salaries appropriation. This amount equals the FY 2006 funding level for community
colleges and is intended to meet maintenance of effort requirements for the federal American
Recovery and Reinvestment Act (ARRA) funding as explained below:
Title XIV – State Fiscal Stabilization Fund (page165)
Section 14005. State Applications (page 168)
(d) Assurances – An application under subsection (b) shall include the following
assurances:
(1) Maintenance of Effort
(B) Higher Education – The State will, in each of fiscal years 2009, 2010,
and 2011, maintain State support for public institutions of higher
education (not including support for capital projects or for research or
development or tuition and fees paid by students) at least at the level of
such support in fiscal year 2006.
The effect of this language in the federal appropriations bill for the federal stimulus funding the
state is receiving prohibits the state from reducing SGA below the FY 2006 level. The mid-year
10% across the board cut resulted in that outcome. The SGA appropriation in FY 2006 was
$149,579,244. The FY 2010 SGA base after the 10% across the board cut is $142,810,651. This
is a difference of $6,768,593 which includes faculty salary funding that was not appropriated
until after FY 2006 and is not reflected in the amount restored.
FY 2010 SGA
Supplemental
Appropriation
Northeast Iowa
North Iowa Area
Iowa Lakes
Northwest
Iowa Central
Iowa Valley
Hawkeye
Eastern Iowa
Kirkwood
Des Moines Area
Western Iowa Tech
Iowa Western
Southwestern
Indian Hills
Southeastern
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
295,830
319,018
293,705
144,267
323,678
280,854
416,757
518,546
897,715
897,310
341,002
347,161
146,274
458,905
262,558
Total
$ 5,943,580
21
Regent Universities. Restores $30.4 million in funding to the three Regents universities to
reach their FY 2006 level.
Vocational Technical Tuition Grant Program. Restores $251,296 in funding to the
community college Vocational Technical Tuition Grant Program effective December 14, 2009.
Iowa National Guard Educational Assistance Program. Restores $241,120 in funding to the
National Guard Educational Assistance Program effective December 14, 2009.
Iowa All Opportunity Scholarship Program. Restores $250,254 in funding to the Iowa All
Opportunity Scholarship Program effective December 14, 2009.
Reduction of the Grow Iowa Values Fund. Reduces the $45.0 million GIVF appropriation for
FY 2010 was reduced by $17,500,000 in unexpended funds and carried over to FY 2011.
Reduces the FY 2010 allocation to the DED by $17,500,000 from $28,800,000 to 11,300,000.
The adjusted allocation changes the amount for the DED to be used for financial assistance
programs. Allocations to the community college Workforce Training and Economic
Development Fund were not impacted by this reduction.
Standings Bill: House File 2531
Signed by the Governor
Iowa Power Fund (IPF). Appropriates $19,600,000 for FY 2010. An additional $2,000,000
was appropriated through an amendment for a total appropriation of $21,600,000. Of this
amount, $2,500,000 is invested in the community college Workforce Training and Economic
Development Fund. This is the last year of this standing appropriation.
Apprenticeship Training Programs. Iowa Code Section 260C.44 is amended to refer to the
“Office of Apprenticeship” as opposed to the “Bureau of Apprenticeship and Training.”
Health and Human Services Appropriations Bill: House File 2526
Signed by the Governor
Kirkwood Community College and Des Moines Area Community College have been working
with Iowa Workforce Development and the Department of Human Services for the past three
years to develop a pilot program utilizing the 50-50 match program in the Federal Supplemental
Nutrition Assistance Program Employment and Training Program. Both community colleges
will expend their own discretionary funding into the pilot programs. The language below is
needed to amend the FSET plan that is submitted to the Department of Agriculture. If the pilots
prove successful, the program will be expanded to all community colleges on a voluntary
statewide basis.
For the food stamp employment and training program: $68,059
(1) The department shall amend the food stamp employment and training state plan in
order to maximize to the fullest extent permitted by federal law the use of the 50-50 match
provisions for the claiming of allowable federal matching funds from the United States
22
department of agriculture pursuant to the federal food stamp employment and training
program for providing education, employment, and training services for eligible food
assistance program participants, including but not limited to related dependent care and
transportation expenses.
(2) The department shall implement measures to expand usage of the federal food
assistance programs administered by the department and to appropriately determine
eligibility for the programs by raising the income limit to the extent allowed under federal
requirements and eliminating the asset test. The eligibility determination measures shall
include but are not limited to checking applications to identify persons convicted of crimes
who are incarcerated in correctional facilities and jails or are otherwise ineligible for food
assistance programs under federal requirements for having committed a crime.
Other Bills of Primary Interest to Community Colleges
Retirement Systems: House File 2518
Signed by the Governor
Various Effective Dates
Iowa Public Employees Retirement System. Implements recommendations from the IPERS
Benefits Advisory Committee to increase contributions and change some benefits for regular
IPERS members. The changes are aimed at balancing IPERS‟ long-range funding. The 30-year
projections indicate the benefits employees are earning are growing faster than the assets that
will be available to pay benefits when employees retire.
Contribution rate adjustments, effective July 1, 2011.
Maximum change each year of 1.0 percentage point up or down (now: changes limited to 0.5
percentage point).
Rates based on actuary‟s annual valuation that examines IPERS‟ funding.
Contribution rate, effective July 1, 2011.
13.45 percent of wages (now: would be 11.95 percent on that date).
Employees continue to pay 40 percent of the contribution; employers 60 percent).
Benefits, effective July 1, 2012.
Seven years to vest (now: four years).
Average of the highest five years‟ wages in benefit formula (now: highest three).
Reduce benefits 6 percent a year if a member retires before normal retirement age (now:
benefits reduced 3 percent for each year retired before normal retirement age).
o Normal retirement age defined as age 65, Rule of 88 (age + years of service = 88), or
Rule of 62/20 (age 62 with 20 years of service).
No changes allowed.
Monthly benefits to current retirees.
No changes were proposed for the following:
Most parts of the benefit plan for regular members, such as:
o Normal retirement age as defined above.
o Benefit multiplier used to determine benefit amounts (2%/year for first 30 years of IPERS
covered employment, 1%/year for years 31-35).
23
o Lifetime benefit guarantee at retirement.
o Death benefits.
o Disability benefits.
State Government Reorganization Bill: Senate File 2088
Signed by the Governor
Effective July 1, 2010
The bill includes the following intent language:
Community College Accreditation Recommendations – Implementation Review.
The department of education shall review and evaluate the implementation of the
recommendations submitted on January 22, 2010, by the community college accreditation
advisory committee in its final report to the general assembly. The department shall submit its
findings and recommendations to the general assembly on or before December 31, 2010.
Community College Accreditation Advisory Committee – Instructional Hours Study.
The department of education shall convene a working group, whose members shall include at a
minimum the members of the community college accreditation advisory committee and the
community college faculty advisory committee. The working group shall solicit comments from
each of the community college quality faculty committees. The working group shall study the
maximum academic credit hour per school term workload appropriate for an instructor beyond
the standard workload. The working group shall submit its findings and recommendations to the
state board of education and the general assembly on or before December 31, 2010.
Community College Academic Workload Exception – Fiscal Year 2010-2011.
Notwithstanding section 260C.48, subsection 2, a faculty member who has in previous fiscal
years exceeded the eighteen credit hour standard set pursuant to section 260C.48, subsection 2,
may continue to exceed the eighteen credit hour workload standard for the 2010-2011 fiscal year
if the faculty member elects to teach beyond the eighteen credit hour workload standard.
Tax Credit Reform: Senate File 2380
Signed by the Governor
Effective July 1, 2010
This bill relates to the administration and review of certain tax credit, withholding credit,
division of revenue, and other financial assistance programs. It is believed this bill deals with the
Iowa New Jobs Training Program (260E) and the Accelerated Career Education Program (260G)
in a fair and equitable manner and the support that was received from House and Senate
leadership to insure no statutory changes were made to the 260E program during this legislative
session is greatly appreciated.
The bill has three provisions that directly impact our job training programs.
The establishment of a Legislative Interim Study Committee to review the 260E program. It
is likely the committee will be scheduled to meet in mid to late summer. The details follow
24
below. There are no program sunset provisions in the bill pertaining to community college
programs.
The lowering of the existing $6.0 million job credit from withholding allocation cap on the
Accelerated Career Education Program by 10% to $5.4 million effective July 1, 2010, a loss
of $600,000 in ongoing funding. Almost all of the state‟s tax credit programs are being
reduced by 10% or more to reflect the 10% across the board cut sustained by all state general
aid funded programs last year. It is anticipated that each of our current ACE allocations will
be reduced by 10% going into FY 2011 and existing ACE agreements will need to be
adjusted accordingly.
The scheduled review of the new jobs tax credits available under section 422.11A in 2015.
The bill states that it is the intent of the general assembly that each tax credit, withholding
credit, and revenue division program should effectuate the purposes for which it was enacted
and that the cost of such programs should be included more readily in the yearly budgeting
process. The bill provides for the regular review of all tax credit, withholding credit, and
revenue division programs in order to facilitate the reauthorization of successful programs and to
do so at a cost that can be accommodated by the state's annual budget.
The bill creates a Legislative Tax Expenditure Committee to regularly review and make
recommendations on reauthorization of tax credit programs in future years. The bill provides a
schedule for the review of all of the tax credit programs over the next four years. The 260E and
260G programs are not included on that review schedule, most likely because that review will
take place through the scheduled interim legislative study committee. The committee is charged
to develop a “return on investment” analysis for all of the programs. This will be required of the
community college programs as well
Other key components of the bill include:
Lowering the cap on enterprise zone, high quality jobs and supplemental research credits
from $185 million to $120 million. 260E and 260G are not included under this cap.
Suspending the film tax credit until July 1, 2013.
Lowering the supplemental research activities tax credit from 6.5% to 3%.
Increasing the supplemental research activities credit for companies with revenues less than
$20 million from 6.5% to 10%.
Eliminating the econ development regional revolving loan fund tax credit.
Lowering the Endow Iowa program from $3 million to $2.7 million.
Lowering the venture capital fund of funds from $100 million to $60 million.
Lowering the historic preservation and cultural entertainment district tax credits from $50
million to $45 million.
Re-enacts the Iowa “pick-up” estate tax contingent on federal estate tax enactments allowing
states to recover that portion of federal estate taxes.
The following language establishing the New Jobs Training Interim Study Committee is as
follows:
Industrial New Jobs Training Interim Study Committee:
1. The legislative council is requested to establish an interim study committee to evaluate
the effectiveness of Iowa's industrial new jobs training program and make recommendations
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on the future of the program. In conducting the study, the committee shall review the
original policy goals of the program, the amount of state assistance provided under the
program, and the benefits realized by the state through the administration of the program, and
shall reach a conclusion as to whether the amount of assistance provided has been in
proportion to the benefits realized. The review shall also include an examination of the
efficiency of the bonding and withholding credit financing mechanisms used in the programs
as well as the administrative and training costs entailed in the operation of the program.
2. The committee shall be composed of ten members of the general assembly. Five
members shall be members of the Senate, three of whom shall be appointed by the majority
leader of the Senate, and two of whom shall be appointed by the minority leader of the
Senate. Five members shall be members of the House of Representatives, three of whom
shall be appointed by the speaker of the House of Representatives, and two of whom shall be
appointed by the minority leader of the House of Representatives.
3. The study committee shall issue a report to the general assembly containing its
findings and recommendations by January 15, 2011.
Legislative Tax Expenditure Committee - Background
Creates a legislative tax expenditure committee within the legislative council. The committee is
composed of 10 members of the general assembly, five members from each chamber, appointed
by the legislative council.
The committee has a number of duties. The committee is required to issue a statement of
principles of sound tax policy. In issuing the statement, the committee may consult with the
department of revenue, the legislative services agency, and independent experts who have
demonstrated expertise in matters of tax policy, fiscal policy, and public finance. The statement
must reflect to the extent practicable the best practices of state and local taxation as recognized
by experts in the fields of economics, fiscal policy, law, accounting, and public finance. The
statement must address issues of equity, simplicity, competitiveness, public purpose, and
adequacy as those issues pertain to taxation in Iowa.
The committee shall evaluate any tax expenditure available under Iowa law and assess its
conformance with the statement of principles of sound tax policy. "Tax expenditure" is defined
to mean an exclusion from the operation or collection of a tax imposed in this state. Tax
expenditures include tax credits, exemptions, deductions, and rebates. Tax expenditures also
include sales tax refunds issued pursuant to Code section 423.3 or Code section 423.4.
The committee shall establish and maintain a system for making available to the public
information about the amount and effectiveness of tax expenditures and the extent to which tax
expenditures comply with the statement of principles of sound tax policy.
The committee must engage in the regular review of the state's tax expenditures. In reviewing tax
expenditures, the committee may review any tax expenditure at any time, but shall at a minimum
perform certain reviews according to a schedule prescribed by statute. For each tax expenditure
reviewed, the committee must submit a report to the legislative council containing the results of
the review. The report must contain a statement of the policy goals of the tax expenditure and a
return on investment calculation for the tax expenditure. "Return on investment calculation" is
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defined to mean analyzing the cost to the state of providing the tax expenditure, analyzing the
benefits realized by the state from providing the tax expenditure, and reaching a conclusion as to
whether the benefits of the tax expenditure are worth the cost to the state of providing it. The
committee's report may also include recommendations for better aligning tax expenditures with
principles of sound tax policy.
The committee must also estimate for each fiscal year, in conjunction with the legislative
services agency and the department of revenue, the cost of each individual tax expenditure and
the total cost of all tax expenditures, and by December 15 provide those estimates to the
governor for use in the preparation of the budget message under Code section 8.22 and to the
general assembly to be used in the budget process. The estimates provided may include the
recommendations for the imposition of a limitation on a specified tax expenditure, a limitation
on the total amount of tax expenditures, or any other recommendation for a specific tax
expenditure or the program under which the tax expenditure is provided.
Next Steps
Meetings have taken place with DED Director Bret Mills requesting the convening of a task
force to conduct a comprehensive review of the 260E program commencing immediately
following the conclusion of this legislative session in preparation for the legislative interim study
committee meeting later in the summer. The task force should consist of appropriate
representatives of the Department of Economic Development, Iowa Workforce Development,
Iowa Department of Revenue, the business community, professional economic developers and
Iowa‟s community colleges including presidents, economic developers and business managers.
The task force will review the 260E program and develop recommendations for improving the
operation, reporting and performance of the program. The preliminary recommendations should
be completed for review by the presidents at their June retreat.
There is a growing portfolio of issues that will need to be addressed during this task force
review, including but not limited to, wage thresholds for program eligibility, the amount and use
of the college administrative fee, the amount and use of OJT, the type of training the program
can support, ways to certify the training delivered, ways to reduce the cost of the program, caps
on annual bonding authority, etc. The DED understands their data base management system
needs to be updated and its redesign will be part of this process. The task force process provides
a long needed opportunity to document and showcase the positive attributes of this important
program.
Nurses Aids Checks: Senate File 2149
Signed by the Governor
Effective July 1, 2010
Relates to criminal history and abuse registry checks for employees of health care facilities and
other health-related providers and requires criminal history and abuse registry checks for
certified nurse aide training program students.
Amends Code section 135C.33, relating to such record checks for prospective employees of
nursing facilities, various types of in-home services, hospices, elder group homes, and assisted
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living programs. Under current law, the prospective employees are required to have criminal
history and child and dependent abuse registry checks prior to employment. If there is an abuse
record or a conviction of any crime, a prospective employee cannot be employed without an
evaluation performed by the department of human services to determine whether the crime or
abuse record warrants prohibition of the person's employment. The law requires the employment
application to include a specific question regarding abuse record and criminal convictions. The
bill provides that for the criminal record check and employment application question, a simple
misdemeanor offense under Code chapter 321, relating to motor vehicles and laws of the road, is
not considered to be a crime.
Adds a new subsection in Code section 135C.33 that provides the training program student
requirement. The terms "certified nurse aide training program" and "student" are defined.
Certified nurse aide training programs are authorized to access the single contact repository
established by the department of inspections and appeals for performing the criminal history and
abuse registry checks.
1. "Certified nurse aide training program" means a program approved in accordance
with the rules for such programs adopted by the department of human services for the
training of persons seeking to be a certified nurse aide for employment in any of the facilities
or programs this section applies to or in a hospital, as defined in Code section 135B.1.
2. "Student" means a person applying for, enrolled in, or returning to a certified nurse
aide training program.
If a nurse aide student has a criminal record or a record of founded child or dependent adult
abuse, the student cannot be involved in a clinical education component of a certified nurse aide
training program involving children or dependent adults unless an evaluation has been performed
by the department of human services to determine whether the record warrants prohibition of the
student's involvement in the component. The department of human services is required to
perform the evaluation if requested to do so by the training program. The evaluation is to be
performed in accordance with the existing criteria for employment-related evaluations. The
department of human services has final authority to make the determination.
The bill includes an ongoing notification requirement that is similar to the employment-related
requirement in Code section 135C.33. If, after the record checks and any evaluation have been
performed, a student is convicted of a crime or has a record of founded abuse entered, the student
is required to notify the program of that information within 48 hours. Failure to comply is a
criminal offense punishable as a serious misdemeanor. A serious misdemeanor is punishable by
confinement for no more than one year and a fine of at least $315 but not more than $1,875.
If the program receives credible information that such conviction or record has been entered and
the student had not provided the required notification, the program is required to act to verify the
information within 48 hours of receiving it. The evaluation provisions apply if the offense was
committed or record entered. A program may notify the county attorney regarding a student's
failure to comply with the notification requirement.
Finally, the bill provides that if a health care facility conducts the training program and a student
commences employment with the facility within 30 days of completing the program, the record
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checks of the student performed for the program are deemed to fulfill the requirement for such
checks prior to employment.
Nursing Workforce and Data: Senate File 2384
Signed by the Governor
This bill includes provisions relating to the nursing workforce.
Directs the department of workforce development to establish a nursing workforce data
clearinghouse for the purpose of collecting and maintaining data from all available and
appropriate sources regarding Iowa's nursing workforce. The department is to have access to all
data regarding Iowa's nursing workforce collected or maintained by any state department or
agency to support the data clearinghouse, and the information maintained in the nursing
workforce data clearinghouse is to be available to any state department or agency. The bill
directs the department of workforce development to consult with the board of nursing, the
department of public health (DPH), the department of education, and other appropriate entities in
developing recommendations to determine options for additional data collection.
Provides rulemaking authority to the department of workforce development in consultation with
the board of nursing to administer the data clearinghouse, and directs that a nursing workforce
data clearinghouse shall be established and maintained in a manner consistent with the health
care delivery infrastructure and health care workforce resources strategic plan developed by
DPH. The bill requires the department of workforce development to submit an annual report to
the governor and the general assembly regarding the data clearinghouse, and, following its
establishment, the status of the nursing workforce in Iowa.
Adds two accounts to the health care workforce shortage fund: the Iowa needs nurses now
infrastructure account under the control of DPH to provide for the awarding of grants for clinical
simulators, laboratory facilities, health information technology, and other infrastructure to
improve the training of nurses and nurse educators in the state and to enhance the clinical
experience for nurses; and the nurse residency state matching grants program account under the
control of DPH to provide matching state funding to sponsors of nurse residency programs in
this state to establish, expand, or support nurse residency programs that meet standards adopted
by rule of DPH.
Changes the name of the Nursing Workforce Shortage Initiative within the Health Care
Workforce Support initiative to the Iowa Needs Nurses Now Initiative and makes a similar
change to the name of the account for the initiative. The bill also requires the college student aid
commission, which currently controls the Iowa Needs Nurses Now Initiative, to consult with the
Iowa board of nursing, the department of education and the Iowa nurses association in adopting
rules for the initiative and distributing funds.
Adds two programs to the Iowa Needs Nurses Now Initiative: the nurse educator scholarship
program and the nurse educator scholarship-in-exchange-for-service program.
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Provides that implementation is subject to the extent of funding available. No funding was
appropriated to support these initiatives.
Veterans Affairs: Senate File 2274
Signed by the Governor
Effective July 1, 2010
Provides education-related benefits for military persons and veterans, and their spouses, and
directs the department of education to work with the state board of regents to convene a working
group to explore the possibility of participating in a federal program whose goal is to build a
broad pool of internationally competent individuals who are available for recruitment into the
federal national security community.
Provides for in-state tuition for military personnel stationed in Iowa and for veterans who have
resided in Iowa; provides for a tuition and mandatory fee waiver at community colleges and
regents universities for the spouses of military personnel killed while on duty or in state active
duty, in the line of duty, or who died as a result of injuries received or as a result of illness or
disease contracted while on duty or in active state duty.
Directs the boards of directors of community colleges and the state board of regents to provide
the spouses of members of the Iowa national guard or the reserve forces of the United States who
are ordered to state military service or federal service or duty with the same options currently
offered to the members, which are to withdraw and receive a full refund of tuition and mandatory
fees or to make arrangements for some or all course grades or incompletes, with refunds only
paid for which arrangement could not be made for grades or incompletes.
The statutory changes in these programs are as follows:
Section 260C.14, subsection 14, paragraph b, subparagraph (2), subparagraph division (b),
Code Supplement 2009, is amended to read as follows:
(b) "Qualified military person" means a person on active duty in the military service of
the United States who is stationed in this state or at the Rock Island arsenal. If the qualified
military person is transferred, deployed, or restationed while the person's spouse or
dependent child is enrolled in the community college, the spouse or dependent child shall
continue to be classified as a resident until the close of the fiscal year in which provided the
spouse or dependent child is enrolled maintains continuous enrollment.
Section 260C.14, subsection 14, paragraph b, subparagraph (2), subparagraph division (c),
subparagraph subdivision (ii), Code Supplement 2009, is amended to read as follows:
(ii) Is domiciled Has resided in this state at least one year or sufficient time to have filed
an Iowa tax return in the preceding twelve months.
Section 260C.14, subsection 20, unnumbered paragraph 1, Code Supplement 2009, is
amended to read as follows:
Adopt a policy to offer not less than the following options to a student who is a member,
or the spouse of a member if the member has a dependent child as defined in subsection 14,
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paragraph "b", subparagraph (2), subparagraph division (a), of the Iowa national guard or
reserve forces of the United States and who is ordered to state military service or federal
service or duty:
Green Cleaning Products: House File 823
Signed by the Governor
Effective July 1, 2010
Requires public schools, community colleges, institutions under the control of the state board of
regents, and state agencies to comply with an environmentally preferable cleaning and
maintenance policy unless specified conditions for noncompliance are satisfied. The bill reads as
follows:
NEW SECTION. 8A.318 Building cleaning and maintenance - environmentally preferable
cleaning products.
1. Findings and intent. The general assembly finds that human beings are vulnerable to
and may be severely affected by exposure to chemicals, hazardous waste, and other
environmental hazards. The federal environmental protection agency estimates that human
exposure to indoor air pollutants can be two to five times, and up to one hundred times,
higher than outdoor levels. Children, teachers, janitors, and other staff members spend a
significant amount of time inside school buildings. Likewise, state employees and citizens of
this state spend a significant amount of time inside state buildings. These individuals are
continuously exposed to chemicals from cleaners, waxes, deodorizers, and other maintenance
products.
2. Definitions. As used in this section, unless the context otherwise requires:
a. "Environmentally preferable cleaning and maintenance products" includes but is
not limited to cleaning and maintenance products identified by the department and posted on
the department's internet site.
b. "State building" means a public facility or building owned by or leased by the
state, or an agency or department of the state.
3. Use of environmentally preferable cleaning and maintenance products.
a. All school districts in this state, community colleges, institutions under the
control of the state board of regents, and state agencies utilizing state buildings, are
encouraged to conform to an environmentally preferable cleaning policy designed to facilitate
the purchase and use of environmentally cleaning and maintenance products for purposes of
public school, community college, regents institution, and state building cleaning and
maintenance.
b. Each school district, community college, institution under the control of the
state board of regents, or state agency utilizing public buildings shall conduct an evaluation
and assessment regarding implementation of an environmentally preferable cleaning policy
pursuant to this section. On or after July 1, 2012, all state agencies, and all school districts,
community colleges, and institutions under the control of the state board of regents which
have not opted out of compliance pursuant to paragraph "c", shall purchase only cleaning and
maintenance products identified by the department or that meet nationally recognized
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standards. School districts, community colleges, institutions under the control of the state
board of regents, and state agencies procuring supplies for schools and state buildings may
deplete their existing cleaning and maintenance supply stocks and implement the new
requirements in the procurement cycle for the following year. This section shall not be
interpreted in a manner that prohibits the use of disinfectants, disinfecting cleaners, sanitizers,
or any other antimicrobial product regulated by the federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. { 136 et seq., when necessary to protect public health and provided
that the use of these products is in accordance with responsible cleaning procedure
requirements.
c. A school district, community college, or institution under the control of the state
board of regents may, based upon the evaluation and assessment conducted pursuant to
paragraph "b", opt out of compliance with the requirements of this section, upon the
affirmative vote of a majority of the members of the board of directors of the school district or
a determination by the president of the community college or by the president or
administrative officer of the regents institution. A school district, community college, or
regents institution opting out of compliance pursuant to this paragraph shall notify the
department of education, the state board for community colleges, or the state board of regents,
respectively, of this decision.
4. Information requirements - department internet site. The department shall provide
information on the department's internet site regarding environmentally preferable cleaning
and maintenance products used by the department. The department may also provide
information regarding other cleaning and maintenance products that the department is aware
of that meet nationally recognized standards. Information shall also be provided, at the
discretion of the department, regarding the nationally recognized standards and the entity
establishing the standards.
Iowa Innovation Council: House File 2076
Signed by the Governor
Effective July 1, 2010
Establishes an Iowa Innovation Council and consolidates three existing councils within the Iowa
Department of Economic Development: the Information Technology Council, Bioscience
Alliance and Advanced Manufacturing Council. Leaders of these groups developed the concept
of the Iowa Innovation Council, and they will continue to lead in developing strategies and longterm plans for innovation in targeted industries in Iowa.
Amends the term and duties of the chief technology officer appointed pursuant to Code section
15.117 and provides that the chief technology officer is the chairperson of the council.
The council consists of 29 voting members. Twenty of the members are selected by the
economic development board to serve staggered two-year terms. Of the members selected by the
board, seven are representatives from businesses in the targeted industries and 13 are individuals
who also serve on the technology commercialization committee created in Code section 15.116,
or other committees of the board, and who have expertise with the targeted industries. At least 10
of the members selected by the board must be executives actively engaged in the management of
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a business in a targeted industry. The remaining nine members consist of the following: one
member, selected by the governor, who also serves on the Iowa capital investment board, the
director of the department, or the director's designee, the chief technology officer, the chief
information officer from the department of administrative services, the presidents of the regents
universities or their designees and two community college presidents from geographically
diverse areas of the state, selected by the Iowa association of community college trustees.
There are four legislative members serving on the council in a nonvoting, ex officio capacity:
two from the senate and two from the house. These four members are appointed by majority and
minority leadership and there may not be more than one member from each chamber from the
same political party.
The chief technology officer is responsible for convening meetings of the council and
coordinating its activities. The council must annually elect one of the voting members to serve as
vice chairperson. The chief technology officer cannot convene a meeting of the council unless
the director of the department, or the director's designee, is present at the meeting.
The purpose of the council is to advise the department on the development and implementation
of public policies that enhance innovation and entrepreneurship in the targeted industries, with a
particular focus on the information, technology, and skills that increasingly dominate the twentyfirst century economy.
The bill provides that the council must:
Create a comprehensive strategic plan for implementing specific policies that further the
purpose of the council.
Review annually all the economic development programs administered by the department
and the board that relate to the targeted industries and make recommendations for
adjustments that enhance efficiency and effectiveness.
Act as a forum where issues affecting the research community, the targeted industries, and
policymakers can be discussed and addressed and where collaborative relationships can be
formed.
Coordinate state government applications for federal funds relating to research and economic
development affecting the targeted industries,
Conduct industry research and draft documents that provide background information for use
by the general assembly, the governor, the department, and other policymaking bodies within
state government.
Public Employee Collective Bargaining Changes: House File 2485
Signed by the Governor
Effective July 1, 2010
This bill concerns public employee collective bargaining generally and reflects primarily
rewording and technical changes.
Code section 20.1, subsection 2, is amended to provide that one of the powers and duties of the
public employment relations board (PERB) is to represent the board in court.
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Code section 20.6 is amended to provide that PERB shall interpret, apply, and administer the
provisions of Code chapter 20.
Code section 20.10, subsections 1, 2, and 3, are amended to eliminate the requirement that an act
giving rise to a prohibited practice under this Code section must be willful to constitute a
violation.
Code section 20.10, subsection 4, is amended to specifically provide that oral expression of
views without threat of reprisal or force shall not constitute or be evidence of a prohibited
practice.
Code section 20.11 is amended to allow a presiding officer in a prohibited practice hearing to
hear the case through the use of technology from a location other than the county where the
alleged violation occurred. The bill also allows PERB to designate one of its members or any
other qualified person to preside at a prohibited practice hearing.
The bill amends Code sections 20.11, 20.13, and 20.14 to provide that Code chapter 17A, the
Iowa administrative procedure Act, governs hearing and appeal proceedings described in those
Code sections.
Code section 20.15, concerning certification elections for exclusive bargaining representation, is
amended. The bill provides that a petition for certification of an exclusive bargaining
representative for a bargaining unit cannot occur if that bargaining unit is currently represented
by an exclusive bargaining representative. The bill also provides that a petition for
decertification of a certified exclusive bargaining representative cannot occur for a period of one
year from the date of certification or the date of its continuing certification or during the duration
of a collective bargaining agreement.
Code section 20.17, subsection 3, concerning bargaining procedures, is amended to provide that
parties utilizing a cooperative alternative bargaining process may exchange their initial interest
statements in lieu of an initial bargaining position during bargaining.
Code section 20.17, subsection 11, concerning the deadlines for community college employee
bargaining, is amended to match the provisions of the subsection applicable to other educational
bargaining units.
Code section 20.18, concerning grievance procedures, is amended to provide that an agreement
with an employee organization may include procedures for the consideration of employee
organization grievances in addition to public employee grievances. The section is also amended
to provide that arbitration shall be invoked only with the approval of the employee organization
in all instances and, for employee grievances, the additional approval of the employee.
Code section 20.21, concerning fact-finding procedures, is repealed to eliminate fact-finding
from public employee collective bargaining. Corresponding amendments are made throughout
Code chapter 20.
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Code section 20.22, concerning binding arbitration, is amended to provide that arbitration will be
conducted by a single arbitrator and not a panel of arbitrators. The bill also provides for the
method of selecting the arbitrator. The bill provides that PERB will submit a list of five
arbitrators to the parties upon the filing of a request for arbitration and then each party, in an
order determined by lot, shall alternatively remove names from the list until one name remains.
Other Bills of Secondary Interest to Community Colleges
Child Care Provider Checks: House File 2283
Signed by the Governor
Effective July 1, 2010
Relates to the requirements for national criminal history record checks for certain child care
providers.
Under current law in Code section 237A.5, relating to child care personnel, a national criminal
record check is required for persons being considered for child care licensure or registration, for
employment in child care, for receiving public funding for providing child care, or for residing in
a child care facility or child care home receiving public funding. For the period beginning on
and after January 1, 2010, through June 30, 2013, the national criminal record check requirement
only applies to licensed child care centers and to child development home providers who
voluntarily license.
Replaces a requirement for repeating the national criminal check requirement every four years
with an authorization for the department of human services to adopt rules specifying criteria in
the public interest for requiring the national check of a person to be repeated.
The statutory changes are as follows:
Section 237A.5, subsection 2, paragraph d, subparagraph (1), Code Supplement 2009, is
amended to read as follows:
(1) For a person subject to a record check, in addition to any other record check conducted
pursuant to this subsection, the person's fingerprints shall be provided to the department of
public safety for submission through the state criminal history repository to the United States
department of justice, federal bureau of investigation for a national criminal history check.
The department may adopt rules specifying criteria in the public interest for requiring the
national criminal history check shall of a person to be repeated every four years.
Campaign Finance Requirements and Reporting: Senate File 2195
Signed by the Governor
Effective July 1, 2010
Makes a number of changes to Code chapter 68A relating to campaign finance requirements and
reporting.
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Revises the definition of "political committee" to include any corporation, government or
governmental subdivision or agency, business trust, estate, trust, partnership or association, labor
union, or any other legal entity which accepts contributions, makes expenditures, or incurs
indebtedness in excess of $750 in any one calendar year, expressly advocate that an individual
should or should not seek election to a public office prior to the individual becoming a candidate.
Code section 68A.202, subsection 2, currently provides that a PAC cannot expressly advocate
the nomination, election, or defeat of only one candidate for office, but a PAC may be
established to expressly advocate the passage or defeat of approval of a single judge standing for
retention. The bill amends this section to apply the prohibition against advocacy only to actual
candidates for election as defined in Code section 68A.102.
Provides the ethics and campaign finance disclosure board with rulemaking authority to define
the term "fair market value" as that term relates to the disposition of campaign property.
Provides that only a candidate actually participating in a runoff election is required to file a
report five days before the runoff election. Code section 68A.402 in part requires that permanent
organizations temporarily engaging in certain political activity shall organize a political
committee. The bill provides that contributions to any committee constitutes political activity
and must be reported. Code section 68A.503 prohibits the owner, publisher, or editor of a sham
newspaper from using the sham newspaper to promote that person's own candidacy for public
office. The bill extends that prohibition to include the candidacy of any person.
Plant Closing Notification: House File 681
Signed by the Governor
Effective July 1, 2010
Creates the Iowa worker adjustment and retraining notification Act. The bill requires employers
to notify employees or their representatives and the department of workforce development of
business closings that result in the layoff of 25 or more full-time employees and mass layoffs that
are reductions in the workforce of at least 25 employees in a 30-day period.
Minority Hiring: House File 2432
Signed by the Governor
Racial and Ethnic Minority Teacher Recruitment Study. Representatives of the department
of education, the area education agencies, and public and private colleges and universities shall
study the opportunities for the recruitment and retention of racial and ethnic minority teachers.
Specifically, the representatives shall examine the following issues:
1. Examine strategies to encourage racial and ethnic minority high school students to enter
the teaching profession.
2. Examine how to recruit racial and ethnic minority students interested in post-secondary
teacher preparatory programs into attending an Iowa college or university teacher
preparatory program.
3. Examine strategies to recruit racial and ethnic minority teachers to continue their careers as
school administrators in Iowa.
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For the purposes of this study, "racial and ethnic minority" includes individuals who are African
American, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native
Americans.
The state board of regents shall be responsible for providing staffing assistance to the study
group. The representatives shall report their findings to the general assembly by January 10,
2011.
Technical Changes to Election Law: Senate File 2194
Signed by the Governor
Effective July 1, 2010
Makes technical changes to the laws relating to elections and voter registration.
Code section 260C.13 is amended to provide that director districts for a merged area board shall
be drawn after each federal decennial census regardless of whether changes in population have
taken place.
Code section 260C.13 is also amended to specify that a city shall not be divided into two or more
merged area director districts unless the population of that portion of the city within a merged
area is greater than the ideal population for the district. A corresponding amendment is made to
Code section 275.23A, relating to the drawing of boundaries for school district director districts.
Code section 260C.15 changes from 65 days to 64 days the deadline for filing nomination
petitions for a candidate for a member of a merged area board of directors. The statutory
changes are as follows:
Section 260C.13, subsection 2, Code 2009, is amended to read as follows:
2. The board of the merged area shall redraw boundary lines of director districts in the
merged area after each federal decennial census to compensate for changes in population if
changes in population have taken place.
Section 260C.13, subsection 3, paragraph e, Code
2009, is amended to read as follows:
e. Cities A city shall not be divided into two or more director districts unless the
population of that portion of the city that is within the merged area is greater than the ideal
size of a director district. Cities shall be divided into the smallest number of director districts
possible.
Section 260C.15, subsection 3, Code Supplement
2009, is amended to read as follows:
3. Nomination papers in on behalf of candidates for member of the board of directors of a
merged area shall be filed with the secretary of the board not earlier than sixty=five
sixty=four days nor later than five o'clock 5:00 p.m. on the fortieth day prior to the election at
which members of the board are to be elected. The On the day following the last day on
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which nomination petitions can be filed, and no later than 5:00 p.m. on that day, the secretary
shall deliver all nomination petitions so filed, together with the text of any public measure
being submitted by the board of directors to the electorate, to the county commissioner of
elections who is responsible under section 47.2 for conducting elections held for the merged
area, not later than five o'clock p.m. on the day following the last day on which nomination
petitions can be filed. That commissioner shall certify the names of candidates, and the text
and summary of any public measure being submitted to the electorate, to all county
commissioners of elections in the merged area by the thirty-fifth day prior to the election.
Veterans Day Holiday for Veterans: House File 2197
Signed by the Governor
Effective July 1, 2010
Provides Veterans a holiday for Veterans Day and makes penalties applicable. Any employer
who violates the provisions of this new provision shall be subject to a civil penalty of not more
than $500 for each violation pursuant to Code section 91A.12. The language from the bill reads
as follows:
NEW SECTION. 91A.5A Holiday time off – Veterans Day.
1. An employer shall provide each employee who is a veteran, as defined in section 35.1,
with holiday time off for Veterans Day, November 11, if the employee would otherwise be
required to work on that day, as provided in this section.
2. An employer, in complying with this section, shall have the discretion of providing paid
or unpaid time off on Veterans Day, unless providing time off would impact public health or
safety or would cause the employer to experience significant economic or operational
disruption.
3. a. An employee shall provide the employer with at least one month's prior written
notice of the employee's intent to take time off for Veterans Day and shall also provide the
employer with a federal certificate of release or discharge from active duty, or such similar
federal document, for purposes of determining the employee's eligibility for the benefit
provided in this section.
b. The employer shall, at least ten days prior to Veterans Day, notify the employee if the
employee shall be provided paid or unpaid time off on Veterans Day. If the employer
determines that the employer is unable to provide time off for Veterans Day for all
employees who request time off, the employer shall deny time off to the minimum number of
employees needed by the employer to protect public health and safety or to maintain
minimum operational capacity, as applicable.
Drivers Education Instructor Issues: House File 2466
Signed by the Governor
Effective March 19, 2010
Some provisions retroactive to July 1, 2008
Relates to requirements for individuals who provide classroom, street and highway driving
instruction.
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Prohibits the department of transportation from disqualifying a person from providing street or
highway driving instruction, and prohibits the board of educational examiners from withholding
or withdrawing authorization to provide street or highway driving instruction, solely because the
person was involved in a motor vehicle accident unless the person contributed to the accident
and either the accident caused a death or serious injury or it was the person's second or
subsequent contributive motor vehicle accident in a two-year period.
To be qualified to provide street or highway driving instruction, a person must be certified by the
department and authorized by the board. The department may disqualify a person from
providing street or highway driving instruction without concurrent or further action by the board,
and the board may withhold or withdraw authorization to provide street or highway driving
instruction without concurrent or further action by the department.
A person who provides street or highway driving instruction must hold a driver's license valid for
the vehicle operated.
The final field test administered prior to a student's completion of an approved course must be
administered by a person qualified as a classroom driver education instructor, and the bill adds
that the person must also be certified to provide street and highway driving instruction. A person
qualified as a classroom driver education instructor but not certified to provide street and
highway driving instruction may administer the final field test if accompanied by another person
qualified to provide street and highway driving instruction.
The bill takes effect upon enactment and the provision of the bill prohibiting the department and
board from disqualifying a person solely because the person was involved in a motor vehicle
accident applies retroactively to July 1, 2008, and applies to any accident that occurred on or
after that date.
EMS Licensure and Training Programs: House File 2193
Signed by the Governor
Effective July 1, 2010
This bill provides for the licensure, rather than certification, of emergency medical care
providers.
An emergency medical care provider is defined by the bill as an individual trained to provide
emergency and nonemergency medical care as an emergency medical responder, emergency
medical technician, advanced emergency medical technician, or paramedic. The bill eliminates
definitions for and references to "emergency medical services instructor", "emergency rescue
technician", and "first responder". The bill empowers the department of public health to create
other levels of licensure by rule.
The bill adds a definition of a service program, as a department-authorized medical care
ambulance service or non-transport service. The authorization is similar to a license.
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The bill adds two stakeholder groups to the current EMS advisory council, representing
emergency medicine and pediatrics.
The bill establishes a civil penalty of up to $1,000 for licensees, service programs, and training
programs, if the department finds that the licensee or program has not been or will not be
operated in compliance with the licensing or authorization requirements, or that there is
insufficient assurance of adequate protection for the public.
The bill establishes a procedure for the approval of training programs for emergency medical
care providers. These programs must be approved by the department, and may be provided by an
Iowa college approved by the north central association of colleges and schools or by an Iowa
hospital.
The following new language taken from the bill pertains to the training programs referenced
above:
NEW SECTION. 147A.17 Applications for emergency medical care services training
programs - approval or denial - disciplinary actions.
1. An Iowa college approved by the north central association of colleges and
schools or an Iowa hospital in this state that desires to provide emergency medical care services
training leading to licensure as an emergency medical care provider shall apply to the department
for authorization to establish a training program.
2. The department shall approve an application submitted in accordance with
subsection 1 when the department is satisfied that the program proposed by the application will
be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter.
3. The department may deny an application for authorization or may impose a civil
penalty not to exceed one thousand dollars upon, place on probation, suspend or revoke the
authorization of, or otherwise discipline a training program with an existing authorization if the
department finds reason to believe the program has not been or will not be operated in
compliance with this subchapter and the rules adopted pursuant to this subchapter, or that there is
insufficient assurance of adequate protection for the public. The authorization denial, civil
penalty, period of probation, suspension, or revocation, or other disciplinary action shall be
effected and may be appealed as provided by section 17A.12.
Bills and Issues of Interest to Community Colleges NOT Enacted by
the Legislature
Education Appropriations Bill: Senate File 2376
The following language was amended into the bill in the Senate by Senator Tim Capucian
and then stricken in the House by Representative Mary Mascher:
District-to-Community College Program and Facilities Sharing Pilot Program.
Hawkeye Community College (HCC)currently has a contractual agreement with five K-12
school districts in its service area renting a facility in Grundy Center to share the delivery of
college coursework to high school students from those five districts. HCC has been paying the
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rent on the facility for the last two years and is obligated to do so for one more year. The school
districts will then assume that financial responsibility but current law prohibits them from using
their PPEL funds to support a facility outside of their school district. This pilot program would
have allowed them to do so and was requested by the school districts. This is an important issue
that could lay the groundwork for approving this change on a statewide basis as more of our
community colleges are partnering with consortiums of high schools to build and operate
regional instructional facilities of this type. This change would have allowed them to use their
PPEL funds to help finance the construction or lease of those facilities. Representative Mary
Mascher (D – Iowa City) and Representative Lance Horback (R – Tama) have committed to
work with us during the interim to determine if this statutory change should be implemented in
the next legislative session so on statewide basis. The enabling language from the bill is as
follows:
“A consortium of five school districts and a community college may request approval from
the department of education for a district-to-community college program and facilities sharing
pilot program. The pilot program shall include one community college whose average annual
increase in joint enrollment over the fiscal period beginning July 1, 2005, and ending June 30,
2009, was between 20 and 21 percent, and five contiguous school districts, each of which had
a kindergarten through grade twelve certified enrollment for the 2009-2010 school year of not
less than six hundred pupils nor more than eight hundred pupils, with the total kindergarten
through grade twelve certified enrollment for 2009-2010 for the school districts participating
in the consortium of not less than three thousand three hundred pupils nor more than three
thousand four hundred pupils. All participants in the consortium shall be located within thirty
miles of two cities and a state university. Notwithstanding any provision of law to the
contrary, the participating school district boards may enter into joint contracts for the
construction or lease of buildings, using funds accumulated under the physical plant and
equipment levy in section 298.2. Buildings constructed or leased pursuant to this section shall
be used primarily for providing community college courses under a district-to-community
college sharing agreement entered into by each of the school districts and the community
college pursuant to section 257.11, subsection 3.”
Withholding Tax Credits: Senate File 2374
This bill passed out of the Senate Ways and Means Committee but was never debated on
the Senate floor. It was presented as an amendment to the Standings Bill, House File 2531
but was withdrawn by Senator Gronstal during the debate. No action was therefore taken.
Community colleges had agreed to support the bill.
This bill was submitted by the Department of Revenue and was in response to a recommendation
by the State Auditor in his 260E program review released on May 10, 2009. The effect of this
bill was to direct the state income tax withholding payments directly to IDR who would in turn,
refund them to the community colleges. This bill would have made this change effective on July
1, 2011 and would have provided this year to work out the mechanics with IDR. This issue will
now be discussed and evaluated during the review of the 260E program during the interim.
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The Department of Revenue has been very supportive and collaborative throughout this process.
Bond Counsel Lance Coppock has reviewed this issue and is not concerned about this change
negatively impacting the program in any way. He also believes there may be a way to effect this
change without the need to amend existing agreements.
The language from the bill is as follows:
Withholding Credit Program Report and Plan:
1. It is the intent of the general assembly that the withholding credit provisions of the industrial
new jobs training program in chapter 260E, the accelerated career education program in
chapter 260G, and the targeted jobs withholding credit program in section 403.19A be
implemented and administered in an accurate and transparent way.
2. The department of revenue shall, in conjunction with the community colleges, the pilot
project cities, and the department of economic development, engage in a comprehensive
review and evaluation of the programs described in subsection 1.
3. After conducting the review and evaluation under subsection 2, the department of revenue, in
conjunction with the community colleges, the pilot project cities, and the department of
economic development, shall develop a plan under which the withholding credits provided
for in the programs described in subsection 1 are remitted first to the department of revenue
and then transferred to the community colleges and pilot project cities only after the proper
amount of such credits has been verified by the department of revenue. The plan shall
provide for implementation of changes to the programs as of July 1, 2011.
4. The department of revenue shall submit a report containing the results of the program review
conducted under subsection 2 and the plan developed under subsection 3 to the governor and
the general assembly by December 15, 2010.
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