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Legislative Issues October 28, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque State Legislative Issues Assistant City Manager Cindy Steinhauser is recommending the adoption of the City of Dubuque State Legislative Issues for the 2006 Legislative Session. The changes from last year are indicated. I concur with the recommendation and respectfully request Mayor and City Council approval. ____________________________________ Michael C. Van Milligen MCVM/cs Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager City Of Dubuque State Legislative Issues For The 2006 Session State Budget In response to a revenue shortfall during the 2003 and 2004 session the State of Iowa implemented across-the-board cuts in expenses. Some of these cuts reduced revenues to cities, with no relief to cities for state-mandated programs. Concerns remain over the impact of the reduced revenue to cities and that similar action will be taken in the 2006 session. Reduced state revenues negatively impact property taxes. Requested Action: The state should restore revenues to cities that were cut in 2003 and 2004 in an effort to make cities whole and to help reduce the burden on property tax payers. State Mandates Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation Requested action: Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding. Homestead Tax Credit Each year the City of Dubuque tries to minimize the tax asking for the average homeowner by not increasing and in some years, decreasing the City’s property tax rate. The State of Iowa has created a partially unfunded mandate through the establishment of the Homestead Tax Credit. The cost for the lack of full funding of this credit is passed onto taxpayers and diminishes the City of Dubuque’s efforts to keep property tax rates low. The credit was funded by the State at 85% in 2003-2004, 81% in 2004-2005 and 78% in 2005-2006. Requested action: Reinstate full funding for the Homestead Tax Credit. Tax Increment Financing (TIF) The Iowa Code provide that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts has become a very useful financing and incentive for private investment. 1 Requested Action: Support efforts to maintain Tax Increment Financing as an economic development financing tool. Sales Tax Refund for Downtowns The Iowa General Assembly enacted legislation this year that provided 100% state sales tax abatement to the new racetrack in Newton. The downtowns in cities across the state, both large and small, are desperately in need of redevelopment. The state sales tax abatement could be structured as the Newton project, with 100% for ten years or some graduated rate over 10 years or less. The graduated option would be similar to Iowa Code 427B.1, which allows for partial property tax exemption for industrial real estate. The increase in property tax to schools and the additional income taxes from jobs in these retail establishments would more than offset the state sales tax losses from projects that may have occurred anyway. The added vitality in small towns across Iowa would make Iowa a more attractive place to live, work and locate a business. Requested Action: Support efforts to establish a state sales tax abatement for downtown redevelopment. Funding of Major Transportation Projects The State of Iowa has used a strategy of allocating funds for completing the major transportation projects in the state as opposed to using a piecemeal approach. This strategy has been successful with extensive work being completed on major corridors. The same strategy should be used for major projects in larger cities, which require significant funding commitments for completing the projects in a reasonable amount of time. Examples include the Southwest Arterial and the Julien Dubuque Bridge. Requested Action: Support efforts to continue the strategy for funding major transportation projects throughout the State including projects that have federal earmarks. Property Tax The current tax structure for state and local governments is a mix of tax laws, rates and policies that do not provide for a fair and consistent tax system. The Iowa League of Cities and the Iowa State Association of Counties (ISAC) have identified key areas needing revision for a comprehensive tax reform in Iowa. They include: Changes to assessment and valuation procedure, city and county budgeting processes, developing an alternative to current property tax limitations, elimination of the rollback formula and homestead exemption. 2 Requested action: Work with the Iowa League of Cities and ISAC to approve legislation to design a tax structure that provides tax equity and policies that are consistent with an overall direction for state and local government taxation. Fully Funding Enrich Iowa Program Enrich Iowa is a state aid program for Iowa’s libraries. Until recently, Iowa was one of 8 states without direct state aid to libraries. Current state funding is at $1 million statewide versus the recommended $3 million for full funding. If Enrich Iowa were fully funded, the Carnegie-Stout Public Library could realize at least $100,000 a year in state aid. Requested Action: Support efforts to fully fund the Enrich Iowa program at $3 million statewide. Municipal Communication Utilities Communities across the state are considering creating municipal communication utilities to provide a vehicle for companies to offer state-of-the-art services to citizens and business. The option to form a municipal communications utility has been a critical negotiation tool for cities to use when trying to negotiate more affordable cable and internet service for citizens. Requested action: Resist efforts of telephone, cable T.V. and other telecommunication companies to pass a state law to inhibit the creation of municipal communication utilities. Telecommunications Cities maintain and provide data on the location of public utilities, however, no information is available from telecommunication companies on the location of fiber optic and other telecommunication lines. This information is critical for negotiating development agreements for businesses desiring to expand or locate in a community. Requested action: Pass legislation requiring that all video, telecommunications and Internet providers provide a map of their infrastructure to each municipality they serve. Rescind House File 324 Reporting requirements In the 2001 General Assembly House File 324 (HF 324) was enacted. This law set up numerous new requirements for cities concerning bidding for street, bridge and culvert projects involving construction, reconstruction and improvements costing over $25,000 ($50,000 for cities over 50,000 in population). One requirement was a new report that is labor intensive and taxing to city public works departments. In addition to the report that cities currently submit on street receipts and expenditures using road use tax funds, the new report 3 requires cities to provide detailed cost accounting for all projects within 90 percent of the bid threshold. The report also includes a statement of the cost of purchasing, leasing, or renting construction or maintenance equipment. Since the reports are extremely detailed and some cities do hundreds of street projects annually, this new requirement will entail a city needing additional resources. HF 324 did not charge the Iowa Department of Transportation to use this new report for any specific state purpose, resulting in 950 cities expending resources that could be used elsewhere. This becomes particularly onerous for small cities that publicly bid the majority of street projects. Support effort to reduce the reporting requirements for HF Requested Action: 324. Hotel and Food Establishment license fees A draft bill the Iowa Department of Inspections and Appeals (IDIA) will be submitted to the Iowa Legislature in the upcoming legislative session. This bill increases the hotel and food establishment license fees which will bring them in line with costs of running the program. The Bill also includes a Plan Review fee based on establishment risk and square footage, along with a reinspection fee for critical violations found. In FY 06, the projected cost for conducting the Food Inspection Activity is $77,612, while our projected revenue is $69,000. Requested Action: Support proposed legislation that will fully fund State mandated health inspections for Hotel and Food Establishments through increased license fees. School Food Program Inspections An additional food inspection legislative issue is based on legislation that became effective July 2005. An amendment to Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) went into effect. This amendment imposes an unfunded mandate requiring at least two school food program inspections per year instead of one. Currently, the City of Dubuque Health Services Department inspects school food lunch programs one time per year, but does not receive any license or inspection fees for the service. It is not necessary to inspect the school food lunch programs more than once per year and this additional requirement would put an additional workload burden on staff. Requested Action: Oppose legislation to add a second School Food Program inspection. Bed and Breakfast Tax Classification The State of Iowa department of revenue rule says that regardless of commercial use, a "single family dwelling" is to be classified for tax purposes as "residential." 4 The court of appeals agrees with this interpretation and states that because a bed and breakfast is used as a single family dwelling and a bed and breakfast and was constructed as a single family dwelling it fits the exception in the revenue rule that regardless of commercial use, a "single family dwelling" is "residential. This interpretation could have sweeping ramifications on commercial and other property once constructed as residential but now zoned and operating as office, commercial or other non-residential use. Requested action: Adopt legislation that modifies the revenue rule on the classification of property so that bed and breakfast and other businesses operating in what were "single family dwellings" are taxed as commercial. 411 Contributions The City of Dubuque’s contribution to the retirement system for police officers and firefighters went from 17% of wages in fiscal year 2003 to 28.21% of wages in fiscal year 2006. The additional annual cost associated with the increases in the City’s contribution to the police officer and firefighter retirement system is $1,210,203. The contribution rate for police officers and firefighters has remained unchanged since Fiscal Year 1997. Their contribution is 9.35% of wages. Requested action: Any future increases in funding to support the retirement system for police officers and firefighters should be borne by the employees and not the cities. In the event there is a reduction in the funding needed to support the retirement system for police officers and firefighters, cities contribution to the system should be reduced. 411 Subrogation Currently in Chapter 411 cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third Party payment. Requested action: Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. Underage and Binge Drinking Current legislation provides for a penalty to be placed upon the establishment that serves minors, however, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not 5 discourage this problem, which is particularly prevalent in college age students. In an effort to combat underage consumption and “Binge Drinking” by our college age population, we would ask legislative consideration to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Requested action: Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Expand Definition of Good Moral Character One of the criteria for the issuance of a State of Iowa liquor license is determined by “Person of Good Moral Character” as defined in State of Iowa Code 123.3 (26)(d). The State takes into consideration the local municipalities local interpretation of “Person of Good Moral Character” prior to issuing a liquor license. Requested action: Review the definition 123.3(26)(d) “Person of Good Moral Character” by consideration to expand felony convictions to include appropriate indictable misdemeanors (i.e. convictions of O.W.I. (321J.2), Bootlegging (123.59) and other such liquor violations) Cultural and Entertainment District Incentives In 2004 the State of Iowa established a Cultural and Entertainment District program. The purpose of this program is to promote arts and culture in Iowa communities and to promote renovation of historic buildings to house cultural programs. The initial program was funded with $1 million in historic tax credits for 2005 and 2006 for eligible projects in these districts. Requested action: Continue funding for tax credits for properties located in State of Iowa recognized Cultural and Entertainment Districts. Civil Rights Enforcement Civil rights agencies are the law enforcement tools for civil rights laws. The Iowa Commission works in partnership with the Dubuque Human Rights Commission and other local commissions to successfully leverage resources to enforce civil rights laws across Iowa. The Iowa Commission also is responsible for enforcement of civil rights in Dubuque County. The state and local agencies are leaders in efforts to educate business and industry on civil rights laws, on diversity, and preventing discrimination. The Iowa Civil Rights Commission has faced severe budget reductions and is currently operating at the lowest staffing levels in twenty years. Reduced support for the Iowa Civil Rights Commission impedes its ability to protect the public, and sends the wrong message regarding the value we place on diversity and inclusivity, at a time when we are struggling 6 as a state to attract economic development and build our workforce. Civil rights protection provides the mechanism to address and prevent problems in the workplace that could hamper new Iowans from locating and remaining in our state. Requested Action: Support budget increases for the Iowa Civil Rights Commission to enable the Commission to return to adequate staffing and to further its enforcement initiatives. Enterprise Zone Incentives The Enterprise Zone legislation was written to promote private investment in economically distressed areas of a city or county. To assist new employees of companies locating in enterprise zones, the legislation provides for employers to establish a capital fund for down payments or rental subsidies. The business funds this program through a credit from state withholding taxes, based on the wages paid to the participating employees. An amount equal to 1.5 percent of the gross wages paid by the employer is credited from the payment otherwise withheld, and used to capitalize this fund. This feature of the legislation has not been utilized to date. One reason is that the credit produces so little capital for the housing assistance program. For an employee earning $10 per hour, the credit equals approximately $300. Typically, down payment assistance programs offer $3,000 to $5,000; rental subsidy programs average $2,500 to $3,000 annually. In order to make this program effective, the credit for withholding should be increased. Another option is to allow the credit to be “pooled,” to be made available to all eligible employees. As the legislation currently is written, the 1.5 percent credit is made available on the basis of withholding from individual employees – for the benefit of only that employee. If the credit could be aggregated, a larger capital fund could be established, from which all employee purchasing or renting housing in the enterprise zone could access funds for their housing needs. Another reason for lack of employer participation in this program is that the legislation requires the employer to choose between use of the tax credit for job training or for providing a housing assistance program. Employers to date have chosen to use the credit to pay for training new employees. Requested action: The legislation should be amended to provide the credit for both job training and employee housing assistance and to “pool” the funds. This will increase the tax credit and increase interest in the program by employers. Airport Funding Designate at least $3 million a year for aviation projects and programs through the establishment of the new Aviation an Iowa Resource or AIR fund. 7 Rebuild Iowa Provide for continuation of Rebuild Iowa Infrastructure Fund appropriations for . vertical infrastructure projects at both commercial and general aviation airports Expand Cities’ Extraterritorial Jurisdiction Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their corporate limits for subdivision review and approval only if the County has zoning for the rural areas. Extending the cities’ ETJ to include review and approval of zoning changes would facilitate planned and managed growth. Legislation should provide incentives for governments to voluntarily plan together, and identify recommended land use impact to be considered during the planning process. The League supports legislation that expands land management practices such as ETJ of cities to include review and approval of zoning changes. Requested action: Support legislation enabling cooperative planning and effective land management practices. Property Owners on Historic Preservation Commissions Section 303.34 of the Iowa Code requires that: “At least one resident of each designated area of historical significance shall be appointed to the commission.” This requirement is problematic for the City of Dubuque’s Old Main Historic District, which is primarily commercial. It would be beneficial for the City in the recruitment and retention of commissioners to be able to appoint property owners to represent historic districts. Furthermore, since historic preservation regulations apply to the rehabilitation, renovation and restoration of property, allowing property owners to serve on the commission would be appropriate. Furthermore, some Iowa cities are experiencing burgeoning commissions as historic districts are designated and representatives of each district are appointed. To avoid “over-populating” a commission, allowing a majority of the districts to be represented on a historic preservation commission would be appropriate. Requested action: Enact legislation allowing property owners to represent a majority of the historic districts on the Historic Preservation Commission. Appeal of Actions by Historic Preservation Commission Section 303.34 of the Iowa Code states that an aggrieved party may appeal the action of a historic preservation commission to the City Council, and then to district court. The City Council, like the court, has to consider whether the commission exercised its powers and followed the guidelines established by law and ordinance, and whether the commission’s action was “patently arbitrary and capricious.” This process places the City Council in the difficult and uncomfortable position of interpreting technical guidelines and determining their 8 appointees “arbitrary and capricious.” The City Council would support an alternative process. Requested action: Consider legislation providing an alternative appeals process regarding an action of the historic preservation commission. Ambiant Air Quality Rules In July 2004 the Environmental Protection Commission set H2S limites at 30 parts per billion (ppb) with a 60 minute average. Due to the fact that this is an air quality rule, it has to effect everyone, farmers, industries and municipalities alike. This rule could have disastrous effects on wastewater plants causing cities to provide for major H2S, ammonia and other mercapton control system that are very expensive and costly to operate. Requested action: Enact legislation that exempts local government from the 30 ppb rule. 9 City Of Dubuque State Legislative Issues For The 2006 Session Deleted: 2005 State Budget In response to a revenue shortfall during the 2003-2004 session the State of Deleted: last Iowa implemented across-the-board cuts in expenses. Some of these cuts reduced revenues to cities, with no relief to cities for state-mandated programs. Concerns remain over the impact of the reduced revenue to cities and that similar action will be taken in the 2005 session. Reduced state revenues negatively impact property taxes. Requested Action: The state should restore revenues to cities that were cut in 2003 and 2004 in an effort to make cities whole and to help reduce the burden on property tax payers. State Mandates (relocated from Page 3) Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation Requested action: Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding. Homestead Tax Credit Each year the City of Dubuque tries to minimize the tax asking for the average homeowner by not increasing and in some years, decreasing the City’s property tax rate. The State of Iowa has created a partially unfunded mandate through the establishment of the Homestead Tax Credit. The cost for the lack of full funding of this credit is passed onto taxpayers and diminishes the City of Dubuque’s efforts to keep property tax rates low. The credit was funded by the State at 85% in 2003-2004, 81% in 2004-2005 and 78% in 2005-2006. Requested action: Reinstate full funding for the Homestead Tax Credit. Tax Increment Financing (TIF) The Iowa Code provide that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts has become a very useful financing and incentive for private investment. 1 Formatted: Font: 11 pt, Not Bold, Italic Formatted: Font: 11 pt, Not Bold, Italic Requested Action: Support efforts to maintain Tax Increment Financing as an economic development financing tool. Sales Tax Refund for Downtowns The Iowa General Assembly enacted legislation this year that provided 100% state sales tax abatement to the new racetrack in Newton. The downtowns in cities across the state, both large and small, are desperately in need of redevelopment. The state sales tax abatement could be structured as the Newton project, with 100% for ten years or some graduated rate over 10 years or less. The graduated option would be similar to Iowa Code 427B.1, which allows for partial property tax exemption for industrial real estate. The increase in property tax to schools and the additional income taxes from jobs in these retail establishments would more than offset the state sales tax losses from projects that may have occurred anyway. The added vitality in small towns across Iowa would make Iowa a more attractive place to live, work and locate a business. Requested Action: Support efforts to establish a state sales tax abatement for downtown redevelopment. Funding of Major Transportation Projects The State of Iowa has used a strategy of allocating funds for completing the major transportation projects in the state as opposed to using a piecemeal approach. This strategy has been successful with extensive work being completed on major corridors. The same strategy should be used for major projects in larger cities, which require significant funding commitments for completing the projects in a reasonable amount of time. Examples include the Southwest Arterial and the Julien Dubuque Bridge. Requested Action: Support efforts to continue the strategy for funding major transportation projects throughout the State including projects that have federal Deleted: state earmarks. Property Tax The current tax structure for state and local governments is a mix of tax laws, rates and policies that do not provide for a fair and consistent tax system. The Iowa League of Cities and the Iowa State Association of Counties (ISAC) have identified key areas needing revision for a comprehensive tax reform in Iowa. They include: Changes to assessment and valuation procedure, city and county budgeting processes, developing an alternative to current property tax limitations, elimination of the rollback formula and homestead exemption. 2 Requested action: Work with the Iowa League of Cities and ISAC to approve legislation to design a tax structure that provides tax equity and policies that are consistent with an overall direction for state and local government taxation. Fully Funding Enrich Iowa Program Deleted: State Mandates¶ Cities are often faced with Enrich Iowa is a state aid program for Iowa’s libraries. Until recently, Iowa was implementing mandates from the one of 8 states without direct state aid to libraries. Current state funding is at $1 state and federal governments without receiving the necessary funds million statewide versus the recommended $3 million for full funding. If Enrich for implementation¶ Iowa were fully funded, the Carnegie-Stout Public Library could realize at least ¶ Requested action: Enact legislation $100,000 a year in state aid. that exempts local government from providing any new service or engaging in any new activities Requested Action: Support efforts to fully fund the Enrich Iowa program at $3 mandated by the state if the state million statewide. does not provide full funding.¶ ¶ Municipal Communication Utilities Communities across the state are considering creating municipal communication utilities to provide a vehicle for companies to offer state-of-the-art services to citizens and business. The option to form a municipal communications utility has been a critical negotiation tool for cities to use when trying to negotiate more affordable cable and internet service for citizens. Requested action: Resist efforts of telephone, cable T.V. and other telecommunication companies to pass a state law to inhibit the creation of municipal communication utilities. Telecommunications Deleted: OpportunityIowa ¶ Cities maintain and provide data on the location of public utilities, however, no Communities across the state are information is available from telecommunication companies on the location of considering creating fiber optic utilities to provide a vehicle for fiber optic and other telecommunication lines. This information is critical for companies to offer state-of-the-art negotiating development agreements for businesses desiring to expand or locate services to citizens and business. ¶ ¶ in a community. Requested action: Resist efforts of cable T.V. companies to pass a state law to prohibit fiber optic utilities.¶ Requested action: Pass legislation requiring that all video, telecommunications and Internet providers provide a map of their infrastructure to each municipality they serve. Rescind House File 324 Reporting requirements In the 2001 General Assembly House File 324 (HF 324) was enacted. This law set up numerous new requirements for cities concerning bidding for street, bridge and culvert projects involving construction, reconstruction and improvements costing over $25,000 ($50,000 for cities over 50,000 in population). One requirement was a new report that is labor intensive and taxing to city public works departments. In addition to the report that cities currently submit 3 Formatted: Font: (Default) Times New Roman Formatted: Normal on street receipts and expenditures using road use tax funds, the new report requires cities to provide detailed cost accounting for all projects within 90 percent of the bid threshold. The report also includes a statement of the cost of purchasing, leasing, or renting construction or maintenance equipment. Since the reports are extremely detailed and some cities do hundreds of street projects annually, this new requirement will entail a city needing additional resources. HF 324 did not charge the Iowa Department of Transportation to use this new report for any specific state purpose, resulting in 950 cities expending resources that could be used elsewhere. This becomes particularly onerous for small cities that publicly bid the majority of street projects. Support effort to reduce the reporting requirements for HF Requested Action: 324. Hotel and Food Establishment license fees A draft bill the Iowa Department of Inspections and Appeals (IDIA) will be submitted to the Iowa Legislature in the upcoming legislative session. This bill increases the hotel and food establishment license fees which will bring them in line with costs of running the program. The Bill also includes a Plan Review fee based on establishment risk and square footage, along with a reinspection fee for critical violations found. In FY 06, the projected cost for conducting the Food Inspection Activity is $77,612, while our projected revenue is $69,000. Requested Action: Support proposed legislation that will fully fund State mandated health inspections for Hotel and Food Establishments through increased license fees. School Food Program Inspections An additional food inspection legislative issue is based on legislation that became effective July 2005. An amendment to Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) went into effect. This amendment imposes an unfunded mandate requiring at least two school food program inspections per year instead of one. Currently, the City of Dubuque Health Services Department inspects school food lunch programs one time per year, but does not receive any license or inspection fees for the service. It is not necessary to inspect the school food lunch programs more than once per year and this additional requirement would put an additional workload burden on staff. Requested Action: Oppose legislation to add a second School Food Program inspection. 4 Bed and Breakfast Tax Classification The State of Iowa department of revenue rule says that regardless of commercial use, a "single family dwelling" is to be classified for tax purposes as "residential." The court of appeals agrees with this interpretation and states that because a bed and breakfast is used as a single family dwelling and a bed and breakfast and was constructed as a single family dwelling it fits the exception in the revenue rule that regardless of commercial use, a "single family dwelling" is "residential. This interpretation could have sweeping ramifications on commercial and other property once constructed as residential but now zoned and operating as office, commercial or other non-residential use. Requested action: Adopt legislation that modifies the revenue rule on the classification of property so that bed and breakfast and other businesses operating in what were "single family dwellings" are taxed as commercial. 411 Contributions The City of Dubuque’s contribution to the retirement system for police officers and firefighters went from 17% of wages in fiscal year 2003 to 28.21% of wages in fiscal year 2006. The additional annual cost associated with the increases in the City’s contribution to the police officer and firefighter retirement system is $1,210,203. The contribution rate for police officers and firefighters has remained unchanged since Fiscal Year 1997. Their contribution is 9.35% of wages. Requested action: Any future increases in funding to support the retirement system for police officers and firefighters should be borne by the employees and not the cities. In the event there is a reduction in the funding needed to support the retirement system for police officers and firefighters, cities contribution to the system should be reduced. 411 Subrogation Currently in Chapter 411 cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third Party payment. Requested action: Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. 5 Underage and Binge Drinking Current legislation provides for a penalty to be placed upon the establishment that serves minors, however, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not discourage this problem, which is particularly prevalent in college age students. In an effort to combat underage consumption and “Binge Drinking” by our college age population, we would ask legislative consideration to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Requested action: Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Expand Definition of Good Moral Character One of the criteria for the issuance of a State of Iowa liquor license is determined by “Person of Good Moral Character” as defined in State of Iowa Code 123.3 (26)(d). The State takes into consideration the local municipalities local interpretation of “Person of Good Moral Character” prior to issuing a liquor license. Requested action: Review the definition 123.3(26)(d) “Person of Good Moral Character” by consideration to expand felony convictions to include appropriate indictable misdemeanors (i.e. convictions of O.W.I. (321J.2), Bootlegging (123.59) and other such liquor violations) Cultural and Entertainment District Incentives In 2004 the State of Iowa established a Cultural and Entertainment District program. The purpose of this program is to promote arts and culture in Iowa communities and to promote renovation of historic buildings to house cultural programs. The initial program was funded with $1 million in historic tax credits for 2005 and 2006 for eligible projects in these districts. Deleted: This funding has since been removed and the program has no financial incentives for Requested action: Continue funding for tax credits for properties located in communities to become a Cultural and Entertainment District.¶ State of Iowa recognized Cultural and Entertainment Districts. Deleted: Approve Civil Rights Enforcement Civil rights agencies are the law enforcement tools for civil rights laws. The Iowa Commission works in partnership with the Dubuque Human Rights Commission and other local commissions to successfully leverage resources to enforce civil rights laws across Iowa. The Iowa Commission also is responsible for enforcement of civil rights in Dubuque County. The state and local agencies are leaders in efforts to educate business and industry on civil rights laws, on diversity, and preventing discrimination. The Iowa Civil Rights Commission has 6 faced severe budget reductions and is currently operating at the lowest staffing levels in twenty years. Reduced support for the Iowa Civil Rights Commission impedes its ability to protect the public, and sends the wrong message regarding the value we place on diversity and inclusivity, at a time when we are struggling as a state to attract economic development and build our workforce. Civil rights protection provides the mechanism to address and prevent problems in the workplace that could hamper new Iowans from locating and remaining in our state. Requested Action: Support budget increases for the Iowa Civil Rights Commission to enable the Commission to return to adequate staffing and to further its enforcement initiatives. Enterprise Zone Incentives The Enterprise Zone legislation was written to promote private investment in economically distressed areas of a city or county. To assist new employees of companies locating in enterprise zones, the legislation provides for employers to establish a capital fund for down payments or rental subsidies. The business funds this program through a credit from state withholding taxes, based on the wages paid to the participating employees. An amount equal to 1.5 percent of the gross wages paid by the employer is credited from the payment otherwise withheld, and used to capitalize this fund. This feature of the legislation has not been utilized to date. One reason is that the credit produces so little capital for the housing assistance program. For an employee earning $10 per hour, the credit equals approximately $300. Typically, down payment assistance programs offer $3,000 to $5,000; rental subsidy programs average $2,500 to $3,000 annually. In order to make this program effective, the credit for withholding should be increased. Another option is to allow the credit to be “pooled,” to be made available to all eligible employees. As the legislation currently is written, the 1.5 percent credit is made available on the basis of withholding from individual employees – for the benefit of only that employee. If the credit could be aggregated, a larger capital fund could be established, from which all employee purchasing or renting housing in the enterprise zone could access funds for their housing needs. Another reason for lack of employer participation in this program is that the legislation requires the employer to choose between use of the tax credit for job training or for providing a housing assistance program. Employers to date have chosen to use the credit to pay for training new employees. Requested action: The legislation should be amended to provide the credit for both job training and employee housing assistance and to “pool” the funds. This will increase the tax credit and increase interest in the program by employers. 7 Airport Funding Designate at least $3 million a year for aviation projects and programs through the establishment of the new Aviation an Iowa Resource or AIR fund. Rebuild Iowa Provide for continuation of Rebuild Iowa Infrastructure Fund appropriations for . vertical infrastructure projects at both commercial and general aviation airports Deleted: Military Tax Credit¶ The State of Iowa provides for Expand Cities’ Extraterritorial Jurisdiction veterans to receive a military tax Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their credit on their property taxes. The credit reduces their City property tax corporate limits for subdivision review and approval only if the County has zoning by the levy rate of the City, which is for the rural areas. Extending the cities’ ETJ to include review and approval of $10.76 per $1,000 of valuation. The State, however, reimburses the City zoning changes would facilitate planned and managed growth. Legislation at a much lower rate, which should provide incentives for governments to voluntarily plan together, and potentially will be reduced again. This leaves a substantial deficit for identify recommended land use impact to be considered during the planning other property owners to pay.¶ process. The League supports legislation that expands land management ¶ Requested action: Enact legislation practices such as ETJ of cities to include review and approval of zoning changes. to fully reimburse cities for the State of Iowa’s military tax credits.¶ Requested action: Support legislation enabling cooperative planning and effective land management practices. Deleted: Eliminate the “20% Objection Rule” for Rezonings¶ Property Owners on Historic Preservation Commissions Section 414.5 of the Iowa Code Section 303.34 of the Iowa Code requires that: “At least one resident of each requires a favorable vote by three- fourths of the City Council members – designated area of historical significance shall be appointed to the commission.” a 6 to 1 vote – to approve a rezoning This requirement is problematic for the City of Dubuque’s Old Main Historic request over the written objections of 20 percent or more of the owners of District, which is primarily commercial. It would be beneficial for the City in the the property being rezoned, or 20 recruitment and retention of commissioners to be able to appoint property owners percent or more of the property owners within 200 feet of the subject to represent historic districts. Furthermore, since historic preservation property. The concepts that nearby regulations apply to the rehabilitation, renovation and restoration of property, property owners have a say in rezoning cases is valid; however, this allowing property owners to serve on the commission would be appropriate. must be balanced against the needs of the entire community. At 20 percent, a minority of property owners Furthermore, some Iowa cities are experiencing burgeoning commissions as can dictate the outcome of community historic districts are designated and representatives of each district are development, especially when one property owner with a large tract of majority appointed. To avoid “over-populating” a commission, allowing a of the land can constitute the entire 20 districts to be represented on a historic preservation commission would be percent.¶ ¶ appropriate. Requested action: Raise the “objection percentage” of owners of property within 200 feet from 20 Requested action: Enact legislation allowing property owners to represent percent to a simple majority (51%); or historic districts on the Historic Preservation Commission. require a favorable vote by two-thirds of the City Council members, or a 5 to 2 vote, when the objection threshold is reached.¶ 8 Appeal of Actions by Historic Preservation Commission Section 303.34 of the Iowa Code states that an aggrieved party may appeal the action of a historic preservation commission to the City Council, and then to district court. The City Council, like the court, has to consider whether the commission exercised its powers and followed the guidelines established by law and ordinance, and whether the commission’s action was “patently arbitrary and capricious.” This process places the City Council in the difficult and uncomfortable position of interpreting technical guidelines and determining their appointees “arbitrary and capricious.” The City Council would support an alternative process. Requested action: Consider legislation providing an alternative appeals process regarding an action of the historic preservation commission. Ambiant Air Quality Rules In July 2004 the Environmental Protection Commission set H2S limits at 30 parts Deleted: e per billion (ppb) with a 60 minute average. Due to the fact that this is an air quality rule, it has to effect everyone, farmers, industries and municipalities alike. This rule could have disastrous effects on wastewater plants causing cities to provide for major H2S, ammonia and other mercapton control system that are very expensive and costly to operate. Requested action: Enact legislation that exempts local government from the 30 ppb rule. 9 ILC OWA EAGUE OF ITIES 2006LP EGISLATIVE RIORITIES Economic Development Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state. Background Cities drive economic development in Iowa. Tax increment financing (TIF) is the primary local development tool and must be protected or enhanced. Local government financing tools need to be diversified. Legislators will consider restrictions to eminent domain, potentially inhibiting this important tool that already protects property owners while enabling needed development. Successful quality of life programs need continued funding, such as Vision Iowa, Iowa Great Places, and tax credits for historic preservation. Pensions Support legislation that strengthens actuarial soundness and fairly allocates the contribution rates among participating parties while opposing any expansion of benefits under the Iowa Public Employee Retirement System (IPERS) or the Municipal Fire and Police Retirement System of Iowa (MFPRSI). Background Legislators will consider pension issues in 2006. The League will advocate for a reasonable distribution between employer and employee should the IPERS contribution rate be increased, while recognizing that MFPRSI policy has a more significant impact to many cities. Any new benefits or expansion of existing benefits will be opposed. Increased state contributions to the MFPRSI system will be sought. Property Tax Reform Support a property tax reform initiative that eliminates inequities caused by rollback; improves accountability to taxpayers; allows cities to continue to provide locally determined services effectively and efficiently; and enables and protects other city revenues. Background Legislators will consider property tax reform legislation again in 2006. The League will again coordinate a comprehensive reform initiative with the Iowa State Association of Counties, streamlined from our original joint proposal made in 2005. The proposed 2006 priority language outlines problems that true reform must address including eliminating the rollback formula, improving the budget reporting process, establishing reasonable limitations and protecting current tax base. Any proposals to erode existing tax base, 1 such as reclassifying apartments or worsening the rollback formula, will be opposed. Any property tax changes may reduce increment available for TIF debt repayment, requiring improvements to other financing options. Alternative revenues will be promoted in the interest of holding the line on property taxes. 2