OH SHIT GUYS WTF CRAZY SHIT
PAG LIN
1 1 SENATE FILE 2201
1 2
1 3 AN ACT
1 4 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS AND INCLUDING
1 5 EFFECTIVE AND RETROACTIVE APPLICABILITY PROVISIONS.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 7E.5, subsection 1, paragraph h, Code
1 10 2001, is amended to read as follows:
1 11 h. The Iowa department of economic development, created in
1 12 section 15.104 15.105, which has primary responsibility for
1 13 programs for carrying out the economic development policies of
1 14 the state.
1 15 Sec. 2. Section 10B.1, subsection 2, Code 2001, is amended
1 16 to read as follows:
1 17 2. "Cooperative association" means any entity organized on
1 18 a cooperative basis, including an association of persons
1 19 organized under chapter 497, 498, or 499; an entity composed
1 20 of entities organized under those chapters; or a cooperative
1 21 corporation organized under chapter 501.
1 22 Sec. 3. Section 15A.7, subsection 3, Code 2001, is amended
1 23 to read as follows:
1 24 3. That the employer shall agree to pay wages for the jobs
1 25 for which the credit is taken of at least the average county
1 26 wage or average regional wage, whichever is lower, as compiled
1 27 annually by the department of economic development for the
1 28 community economic betterment program. For the purposes of
1 29 this section, the average regional wage shall be compiled
1 30 based upon the service delivery areas in section 84B.2.
1 31 Eligibility for the supplemental credit shall be based on a
1 32 one-time determination of starting wages by the community
1 33 college.
1 34 Sec. 4. Section 15A.9, subsection 10, Code Supplement
1 35 2001, is amended to read as follows:
2 1 10. LIMITATION ON ASSISTANCE. Economic development
2 2 assistance under subsections 3 through 9 shall only be
2 3 available to the primary business or a supporting business.
2 4 However, if the department of economic development finds that
2 5 a primary business or a supporting business has a record of
2 6 violations of the law, including but not limited to
2 7 environmental and worker safety statutes, rules, and
2 8 regulations, over a period of time that tends to show a
2 9 consistent pattern, the primary business or supporting
2 10 business shall not qualify for economic development assistance
2 11 under subsections 3 through 9, unless the department of
2 12 economic development finds that the violations did not
2 13 seriously affect public health or safety or the environment,
2 14 or if it did that there were mitigating circumstances. In
2 15 making the findings and determinations regarding violations,
2 16 mitigating circumstances, and whether a primary business or a
2 17 supporting business is eligible for economic development
2 18 assistance under subsections 3 through 9, the department of
2 19 economic development shall be exempt from chapter 17A.
2 20 Sec. 5. Section 15E.111, subsection 8, Code 2001, is
2 21 amended to read as follows:
2 22 8. The department of economic development and the office
2 23 of renewable fuels and coproducts shall prepare a report each
2 24 six months detailing the progress of the department and other
2 25 agencies provided in this section. The office of renewable
2 26 fuels and coproducts, the department of natural resources, and
2 27 Iowa state university may contribute a summary of their
2 28 activities. The report shall be delivered to the secretary of
2 29 the senate and the chief clerk of the house; the legislative
2 30 service bureau; the chairpersons and ranking members of the
2 31 senate standing committee on agriculture; the senate standing
2 32 committee on small business, economic development, and
2 33 tourism; the house of representatives standing committee on
2 34 agriculture; and the house of representatives standing
2 35 committee on small business, economic development, and trade.
3 1 Sec. 6. Section 15E.117, Code 2001, is amended to read as
3 2 follows:
3 3 15E.117 PROMOTION OF IOWA WINE AND BEER.
3 4 The department of economic development shall consult with
3 5 the Iowa wine and beer promotion board on the best means to
3 6 promote wine and beer made in Iowa. The department has the
3 7 authority to contract with private persons for the promotion
3 8 of beer and wine made in Iowa. At the direction of the
3 9 department, the director of revenue and finance shall issue
3 10 warrants to the department of economic development on the
3 11 barrel tax fund created in section 123.143 and the wine
3 12 gallonage tax fund created in section 123.183, which moneys
3 13 may be used by the department for the purpose of this section,
3 14 including administrative expenses incurred under this section.
3 15 Sec. 7. Section 15E.202, subsection 17, paragraph b, Code
3 16 2001, is amended to read as follows:
3 17 b. A cooperative corporation organized under chapter 501.
3 18 Sec. 8. Section 73.10, Code 2001, is amended to read as
3 19 follows:
3 20 73.10 EXCEPTIONS.
3 21 The provisions of sections 73.6 to and 73.9 shall not apply
3 22 to municipally owned and operated public utilities.
3 23 Sec. 9. Section 84A.1, subsections 2 and 3, Code 2001, are
3 24 amended to read as follows:
3 25 2. The chief executive officer of the department of
3 26 workforce development is the director who shall be appointed
3 27 by the governor, subject to confirmation by the senate under
3 28 the confirmation procedures of section 2.32. The director of
3 29 the department of workforce development shall serve at the
3 30 pleasure of the governor. The governor shall set the salary
3 31 of the director within the applicable salary range established
3 32 by the general assembly. The director shall be selected
3 33 solely on the ability to administer the duties and functions
3 34 granted to the director and the department and shall devote
3 35 full time to the duties of the director. If the office of
4 1 director becomes vacant, the vacancy shall be filled in the
4 2 same manner as the original appointment was made.
4 3 The director of the department of workforce development
4 4 shall, subject to the requirements of section 84A.1B, prepare,
4 5 administer, and control the budget of the department and its
4 6 divisions and shall approve the employment of all personnel of
4 7 the department and its divisions.
4 8 The director of the department of workforce development
4 9 shall direct the administrative and compliance functions and
4 10 control the docket of the division of workers' compensation.
4 11 3. The department of workforce development shall include
4 12 the division of labor services, the division of workers'
4 13 compensation, and other divisions as appropriate.
4 14 Sec. 10. Section 84A.1A, Code Supplement 2001, is amended
4 15 to read as follows:
4 16 84A.1A WORKFORCE DEVELOPMENT BOARD.
4 17 1. An Iowa workforce development board is created,
4 18 consisting of nine voting members appointed by the governor
4 19 and eight ex officio nonvoting members. The ex officio
4 20 nonvoting members are four legislative members; one president
4 21 or the president's designee of the university of northern
4 22 Iowa, the university of Iowa, or Iowa state university of
4 23 science and technology, designated by the state board of
4 24 regents on a rotating basis; one representative from the
4 25 largest statewide public employees' organization representing
4 26 state employees; one president or the president's designee of
4 27 an independent Iowa college, appointed by the Iowa association
4 28 of independent colleges and universities; and one
4 29 superintendent or the superintendent's designee of a community
4 30 college, appointed by the Iowa association of community
4 31 college presidents. The legislative members are two state
4 32 senators, one appointed by the president of the senate, after
4 33 consultation with the majority leader of the senate, and one
4 34 appointed by the minority leader of the senate, after
4 35 consultation with the president of the senate, from their
5 1 respective parties; and two state representatives, appointed
5 2 by the speaker after consultation with the majority and
5 3 minority leaders of the house of representatives from their
5 4 respective parties. Not more than five of the voting members
5 5 shall be from the same political party. Of the nine voting
5 6 members, one member shall represent a nonprofit organization
5 7 involved in workforce development services, four members shall
5 8 represent employers, and four members shall represent
5 9 nonsupervisory employees. Of the members appointed by the
5 10 governor to represent nonsupervisory employees, two members
5 11 shall be from statewide labor organizations, one member shall
5 12 be an employee representative of a labor management council,
5 13 and one member shall be a person with experience in worker
5 14 training programs. The governor shall consider
5 15 recommendations from statewide labor organizations for the
5 16 members representing nonsupervisory employees. The governor
5 17 shall appoint the nine voting members of the workforce
5 18 development board for a term of four years beginning and
5 19 ending as provided by section 69.19, subject to confirmation
5 20 by the senate, and the governor's appointments shall include
5 21 persons knowledgeable in the area of workforce development.
5 22 2. A vacancy on the workforce development board shall be
5 23 filled in the same manner as regular appointments are made for
5 24 the unexpired portion of the regular term.
5 25 3. The workforce development board shall meet in May of
5 26 each year for the purpose of electing one of its voting
5 27 members as chairperson and one of its voting members as vice
5 28 chairperson. However, the chairperson and the vice
5 29 chairperson shall not be from the same political party. The
5 30 workforce development board shall meet at the call of the
5 31 chairperson or when any five members of the workforce
5 32 development board file a written request with the chairperson
5 33 for a meeting. Written notice of the time and place of each
5 34 meeting shall be given to each member of the workforce
5 35 development board. A majority of the voting members
6 1 constitutes a quorum.
6 2 4. Members of the workforce development board, the
6 3 director of the department of workforce development, and other
6 4 employees of the department of workforce development shall be
6 5 allowed their actual and necessary expenses incurred in the
6 6 performance of their duties. All expenses shall be paid from
6 7 appropriations for those purposes and the department of
6 8 workforce development is subject to the budget requirements of
6 9 chapter 8. Each member of the workforce development board may
6 10 also be eligible to receive compensation as provided in
6 11 section 7E.6.
6 12 5. If a member of the workforce development board has an
6 13 interest, either direct or indirect, in a contract to which
6 14 the department of workforce development is or is to be a
6 15 party, the interest shall be disclosed to the workforce
6 16 development board in writing and shall be set forth in the
6 17 minutes of a meeting of the workforce development board. The
6 18 member having the interest shall not participate in action by
6 19 the workforce development board with respect to the contract.
6 20 This subsection does not limit the right of a member of the
6 21 workforce development board to acquire an interest in bonds,
6 22 or limit the right of a member to have an interest in a bank
6 23 or other financial institution in which the funds of the
6 24 department of workforce development are deposited or which is
6 25 acting as trustee or paying agent under a trust indenture to
6 26 which the department of workforce development is a party.
6 27 Sec. 11. Section 84A.5, Code Supplement 2001, is amended
6 28 to read as follows:
6 29 84A.5 DEPARTMENT'S DEPARTMENT OF WORKFORCE DEVELOPMENT –
6 30 PRIMARY RESPONSIBILITIES.
6 31 The department of workforce development, in consultation
6 32 with the workforce development board and the regional advisory
6 33 boards, has the primary responsibilities set out in this
6 34 section.
6 35 1. The department of workforce development shall develop
7 1 and implement a workforce development system which increases
7 2 the skills of the Iowa workforce, fosters economic growth and
7 3 the creation of new high skill and high wage jobs through job
7 4 placement and training services, increases the competitiveness
7 5 of Iowa businesses by promoting high performance workplaces,
7 6 and encourages investment in workers.
7 7 The workforce development system shall strive to provide
7 8 high quality services to its customers including workers,
7 9 families, and businesses. The department of workforce
7 10 development shall maintain a common intake, assessment, and
7 11 customer tracking system and to the extent practical provide
7 12 one-stop services to customers at workforce development
7 13 centers and other service access points.
7 14 The system shall include an accountability system to
7 15 measure program performance, identify accomplishments, and
7 16 evaluate programs to ensure goals and standards are met. The
7 17 accountability system shall use information obtained from the
7 18 customer tracking system, the department of economic
7 19 development, the department of education, and training
7 20 providers to evaluate the effectiveness of programs. The
7 21 department of economic development, the department of
7 22 education, and training providers shall report information
7 23 concerning the use of any state or federal training or
7 24 retraining funds to the department of workforce development in
7 25 a form as required by the department of workforce development.
7 26 The accountability system shall evaluate all of the following:
7 27 a. The impact of services on wages earned by individuals.
7 28 b. The effectiveness of training services providers in
7 29 raising the skills of the Iowa workforce.
7 30 c. The impact of placement and training services on Iowa's
7 31 families, communities, and economy.
7 32 The department of workforce development shall make
7 33 information from the customer tracking and accountability
7 34 system available to the department of economic development,
7 35 the department of education, and other appropriate public
8 1 agencies for the purpose of assisting with the evaluation of
8 2 programs administered by those departments and agencies and
8 3 for planning and researching public policies relating to
8 4 education and economic development.
8 5 2. The department of workforce development is responsible
8 6 for administration of unemployment compensation benefits and
8 7 collection of employer contributions under chapter 96,
8 8 providing for the delivery of free public employment services
8 9 established pursuant to chapter 96, other job placement and
8 10 training programs established pursuant to section 84A.6, and
8 11 the delivery of services located throughout the state.
8 12 3. The division of labor services is responsible for the
8 13 administration of the laws of this state under chapters 88,
8 14 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, and
8 15 94A, and sections 30.7 and 85.68. The executive head of the
8 16 division is the labor commissioner, appointed pursuant to
8 17 section 91.2.
8 18 4. The division of workers' compensation is responsible
8 19 for the administration of the laws of this state relating to
8 20 workers' compensation under chapters 85, 85A, 85B, 86, and 87.
8 21 The executive head of the division is the workers'
8 22 compensation commissioner, appointed pursuant to section 86.1.
8 23 5. The director of the department of workforce development
8 24 shall form a coordinating committee composed of the director
8 25 of the department of workforce development, the labor
8 26 commissioner, the workers' compensation commissioner, and
8 27 other administrators. The committee shall monitor federal
8 28 compliance issues relating to coordination of functions among
8 29 the divisions.
8 30 6. The department of workforce development shall
8 31 administer the following programs:
8 32 a. The Iowa conservation corps established under section
8 33 84A.7.
8 34 b. The workforce investment program established under
8 35 section 84A.8.
9 1 c. The statewide mentoring program established under
9 2 section 84A.9.
9 3 d. The workforce development centers established under
9 4 chapter 84B.
9 5 7. The department of workforce development shall work with
9 6 the department of economic development to incorporate
9 7 workforce development as a component of community-based
9 8 economic development.
9 9 8. The department of workforce development, in
9 10 consultation with the applicable regional advisory board,
9 11 shall select service providers, subject to approval by the
9 12 workforce development board for each service delivery area. A
9 13 service provider in each service delivery area shall be
9 14 identified to coordinate the services throughout the service
9 15 delivery area. The department of workforce development shall
9 16 select service providers that, to the extent possible, meet or
9 17 have the ability to meet the following criteria:
9 18 a. The capacity to deliver services uniformly throughout
9 19 the service delivery area.
9 20 b. The experience to provide workforce development
9 21 services.
9 22 c. The capacity to cooperate with other public and private
9 23 agencies and entities in the delivery of education, workforce
9 24 training, retraining, and workforce development services
9 25 throughout the service delivery area.
9 26 d. The demonstrated capacity to understand and comply with
9 27 all applicable state and federal laws, rules, ordinances,
9 28 regulations, and orders, including fiscal requirements.
9 29 9. The department of workforce development shall provide
9 30 access to information and documents necessary for employers
9 31 and payors of income, as defined in sections 252D.16 and
9 32 252G.1, to comply with child support reporting and payment
9 33 requirements. Access to the information and documents shall
9 34 be provided at the central location of the department of
9 35 workforce development and at each workforce development
10 1 center.
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Originally Posted by Rican219
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