Text: HF2456
Text: HF2458
House File 2457
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HSB 670)
A BILL FOR
1 An Act making appropriations to the department of workforce
2 development and including effective date and retroactive
3 applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 6113HV (1) 84
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PAG LIN
1 1 Section 1. LEGISLATIVE FINDINGS. It is the finding of the
1 2 general assembly that the recent Iowa supreme court decision of
1 3 Homan v. Branstad, No. 11=2022, March 16, 2012, has invalidated
1 4 the proper enactment of certain provisions contained in the
1 5 2011 Iowa Acts, chapter 130 (Senate File 517). It is the
1 6 intent of the general assembly to reenact, as amended, certain
1 7 invalidated provisions of Senate File 517 that were published
1 8 in the 2011 Iowa Acts and to validate expenditures made by the
1 9 department of workforce development and actions entered into
1 10 in reliance on the enactment of the invalidated provisions
1 11 published in the 2011 Iowa Acts.
1 12 Sec. 2. DEPARTMENT OF WORKFORCE DEVELOPMENT. There
1 13 is appropriated from the general fund of the state to the
1 14 department of workforce development for the fiscal year
1 15 beginning July 1, 2011, and ending June 30, 2012, the following
1 16 amounts, or so much thereof as is necessary, for the purposes
1 17 designated:
1 18 1. DIVISION OF LABOR SERVICES
1 19 a. For the division of labor services, including salaries,
1 20 support, maintenance, miscellaneous purposes, and for not more
1 21 than the following full=time equivalent positions:
1 22 .................................................. $ 3,495,440
1 23 ............................................... FTEs 64.00
1 24 b. From the contractor registration fees, the division of
1 25 labor services shall reimburse the department of inspections
1 26 and appeals for all costs associated with hearings under
1 27 chapter 91C, relating to contractor registration.
1 28 2. DIVISION OF WORKERS' COMPENSATION
1 29 a. For the division of workers' compensation, including
1 30 salaries, support, maintenance, miscellaneous purposes, and for
1 31 not more than the following full=time equivalent positions:
1 32 .................................................. $ 2,949,044
1 33 ............................................... FTEs 30.00
1 34 b. The division of workers' compensation shall charge a
1 35 $100 filing fee for workers' compensation cases. The filing
2 1 fee shall be paid by the petitioner of a claim. However, the
2 2 fee can be taxed as a cost and paid by the losing party, except
2 3 in cases where it would impose an undue hardship or be unjust
2 4 under the circumstances. The moneys generated by the filing
2 5 fee allowed under this subsection are appropriated to the
2 6 department of workforce development to be used for purposes of
2 7 administering the division of workers' compensation.
2 8 3. WORKFORCE DEVELOPMENT OPERATIONS
2 9 a. For the operation of field offices, the workforce
2 10 development board, and for not more than the following
2 11 full=time equivalent positions:
2 12 .................................................. $ 8,671,352
2 13 ............................................... FTEs 130.00
2 14 b. Of the moneys appropriated in paragraph "a" of this
2 15 subsection, the department shall allocate $1,130,602 for the
2 16 operation of satellite field offices.
2 17 4. OFFENDER REENTRY PROGRAM
2 18 a. For the development and administration of an offender
2 19 reentry program to provide offenders with employment skills,
2 20 and for not more than the following full=time equivalent
2 21 positions:
2 22 .................................................. $ 284,464
2 23 ............................................... FTEs 3.00
2 24 b. The department shall partner with the department of
2 25 corrections to provide staff within the correctional facilities
2 26 to improve offenders' abilities to find and retain productive
2 27 employment.
2 28 5. NONREVERSION
2 29 Notwithstanding section 8.33, moneys appropriated in this
2 30 section that remain unencumbered or unobligated at the close of
2 31 the fiscal year shall not revert but shall remain available for
2 32 expenditure for the purposes designated until the close of the
2 33 succeeding fiscal year.
2 34 Sec. 3. EMPLOYMENT SECURITY CONTINGENCY FUND.
2 35 1. There is appropriated from the special employment
3 1 security contingency fund to the department of workforce
3 2 development for the fiscal year beginning July 1, 2011, and
3 3 ending June 30, 2012, the following amount, or so much thereof
3 4 as is necessary, to be used for field offices:
3 5 .................................................. $ 1,217,084
3 6 2. Any remaining additional penalty and interest revenue
3 7 collected by the department of workforce development is
3 8 appropriated to the department for the fiscal year beginning
3 9 July 1, 2011, and ending June 30, 2012, to accomplish the
3 10 mission of the department.
3 11 Sec. 4. UNEMPLOYMENT COMPENSATION RESERVE FUND ==== FIELD
3 12 OFFICES. Notwithstanding section 96.9, subsection 8, paragraph
3 13 "e", there is appropriated from interest earned on the
3 14 unemployment compensation reserve fund to the department of
3 15 workforce development for the fiscal year beginning July 1,
3 16 2011, and ending June 30, 2012, the following amount or so much
3 17 thereof as is necessary, for the purposes designated:
3 18 For the operation of field offices:
3 19 .................................................. $ 4,238,260
3 20 Sec. 5. GENERAL FUND ==== EMPLOYEE MISCLASSIFICATION
3 21 PROGRAM. There is appropriated from the general fund of the
3 22 state to the department of workforce development for the fiscal
3 23 year beginning July 1, 2011, and ending June 30, 2012, the
3 24 following amount, or so much thereof as is necessary, to be
3 25 used for the purposes designated:
3 26 For enhancing efforts to investigate employers that
3 27 misclassify workers and for not more than the following
3 28 full=time equivalent positions:
3 29 .................................................. $ 451,458
3 30 ............................................... FTEs 8.10
3 31 Sec. 6. RETROACTIVE APPLICABILITY. This Act applies
3 32 retroactively to July 1, 2011.
3 33 Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
3 34 immediate importance, takes effect upon enactment.
3 35 EXPLANATION
4 1 This bill makes appropriations from the general fund and
4 2 other funds to the department of workforce development for FY
4 3 2011=2012. The bill reenacts certain provisions, as amended,
4 4 of Senate File 517 that were published in the 2011 Iowa Acts,
4 5 chapter 130, after the invalidation of the provisions pursuant
4 6 to the Iowa supreme court decision of Homan v. Branstad.
4 7 The bill appropriates moneys from the general fund to the
4 8 department of workforce development.
4 9 The bill appropriates moneys from the special employment
4 10 security contingency fund to the department of workforce
4 11 development for field offices.
4 12 The bill appropriates interest earned on the unemployment
4 13 compensation reserve fund to the department of workforce
4 14 development for the operation of field offices.
4 15 The bill appropriates moneys to the department of workforce
4 16 development for an employee misclassification program.
4 17 The bill is effective upon enactment. The bill makes
4 18 appropriations to the department of workforce development for
4 19 fiscal year 2011=2012 and applies retroactively to July 1,
4 20 2011.
LSB 6113HV (1) 84
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Text: HF2456
Text: HF2458