HSB 259 (LSB 2830YC (3) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON GRASSLEY)

A BILL FOR

An Act relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, providing for other properly related matters, and including effective date, applicability, and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS

    Section 1.  LIMITATIONS OF STANDING APPROPRIATIONS —— FY 2019-2020.  Notwithstanding the standing appropriation in the following designated section for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the amount appropriated from the general fund of the state pursuant to that section for the following designated purpose shall not exceed the following amount:
   For payment of claims for nonpublic school transportation under section 285.2:
   ...................................................................... $  8,197,091

   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this section, the department of education shall prorate the amount of each approved claim.
    Sec. 2.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2019-2020.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2019, and ending June 30, 2020, for paying instructional support state aid under section 257.20 for such fiscal year is zero.
    Sec. 3.  Section 257.35, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  13A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2019, and ending June 30, 2020, shall be reduced by the department of management by fifteen million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
DIVISION II
MISCELLANEOUS PROVISIONS

    Sec. 4.  Section 2C.18, Code 2019, is amended to read as follows:
   2C.18  Report to general assembly.
   The ombudsman shall by April 1 December 31 of each year submit an economically designed and reproduced report to the general assembly and to the governor concerning the exercise of the ombudsman’s functions during the preceding calendar fiscal year. In discussing matters with which the ombudsman has been concerned, the ombudsman shall not identify specific persons if to do so would cause needless hardship. If the annual report criticizes a named agency or official, it shall also include unedited replies made by the agency or official to the criticism, unless excused by the agency or official affected.
DIVISION III
CORRECTIVE PROVISIONS

    Sec. 5.  Section 216A.133, subsection 3, paragraph l, if enacted by 2019 Iowa Acts, House File 634, section 5, is amended to read as follows:
   l.  Recommending to the board department the adoption of rules pursuant to chapter 17A as it deems necessary for the board and division.
    Sec. 6.  Section 225C.51, subsection 1, paragraph a, if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to read as follows:
   a.  The director of the department of human services or the director’s designee.
    Sec. 7.  Section 225C.51, subsection 3, if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to read as follows:
   3.  The director of the department of human services and the director of the department of education, or their designees, shall serve as co-chairpersons of the state board. Board members shall not be entitled to a per diem as specified in section 7E.6 and shall not be entitled to actual and necessary expenses incurred while engaged in their official duties.
    Sec. 8.  Section 261H.3, subsections 1 and 2, as enacted by 2019 Iowa Acts, Senate File 274, section 3, are amended to read as follows:
   1.  Noncommercial expressive activities protected under the provisions of this chapter include but are not limited to any lawful oral or written means by which members of the campus community may communicate ideas to one another, including but not limited to all forms of peaceful assembly, protests, speeches including by invited speakers, distribution of literature, circulating petitions, and publishing, including publishing or streaming on an internet site, or audio or video recorded in outdoor areas of campus.
   2.  A member of the campus community who wishes to engage in noncommercial expressive activity in outdoor areas of campus shall be permitted to do so freely, subject to reasonable time, place, and manner restrictions, and as long as the member’s conduct is not unlawful, does not impede others’ access to a facility or use of walkways, and does not disrupt the functioning of the public institution of higher education, subject to the protections of subsection 1. The public institution of higher education may designate other areas of campus available for use by the campus community according to institutional policy, but in all cases access to designated areas of campus must be granted on a viewpoint-neutral basis within the bounds of established principles of the first amendment principles to the Constitution of the United States.
    Sec. 9.  Section 322C.15, subsection 2, paragraph b, if enacted by 2019 Iowa Acts, Senate File 435, section 12, is amended to read as follows:
   b.  The manufacturer’s or distributor’s business operations have been abandoned or caused the dealer’s business operations to close for ten consecutive business days. This subparagraph paragraph does not apply if the closing is due to a normal seasonal closing and the manufacturer or distributor notifies the dealer of the planned closing, an act of God, a strike, a labor difficulty, or any other cause over which the manufacturer or distributor has no control.
    Sec. 10.  Section 513D.2, subsection 2, Code 2019, as amended by 2019 Iowa Acts, House File 679, section 184, if enacted, is amended to read as follows:
   2.  The commissioner or of insurance may take any enforcement action under the commissioner’s authority to enforce compliance with this chapter. 
    Sec. 11.  Section 515I.4A, subsection 1, paragraph c, as enacted by 2019 Iowa Acts, Senate File 558, section 4, is amended to read as follows:
   c.  The board of directors of the insurer has passed a resolution seeking approval as a domestic surplus lines insurer in this state and stating that the insurer shall only write surplus line lines business. The resolution shall not be amended without approval of the commissioner. 
    Sec. 12.  Section 522E.13, subsection 6, Code 2019, as amended by 2019 Iowa Acts, Senate File 559, section 6, is amended to read as follows:
   6.  Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this section, it shall be in writing and sent within the notice period required pursuant to this section. Notices and correspondence shall be sent to the licensed portable electronics vendor that is the policyholder at the portable electronics vendor’s mailing or electronic mail address specified for that purpose and to its affected enrolled consumers’ last known mailing or electronic mail addresses on file with the insurer or the portable electronics vendor. All notices and documents that are delivered by electronic means shall comply with section 505B.1, except for the provisions in section 505B.1, subsection 4. The insurer or portable electronics vendor shall maintain proof that the notice or correspondence was sent for not less than three years after that notice or correspondence was sent.
    Sec. 13.  Section 633.648, Code 2019, as amended by 2019 Iowa Acts, House File 610, section 34, if enacted, is amended to read as follows:
   633.648  Appointment of attorney in compromise of personal injury settlements.
   Notwithstanding the provisions of section 633.642 prior to authorizing a compromise of a claim for damages on account of personal injuries to the ward protected person, the court may order an independent investigation by an attorney other than by the attorney for the conservator. The cost of such investigation, including a reasonable attorney fee, shall be taxed as part of the cost of the conservatorship.
    Sec. 14.  Section 692C.1, subsection 1, paragraph a, if enacted by 2019 Iowa Acts, House File 681, section 1, is amended to read as follows:
   a.  “Covered individual” means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities served by a qualified entity and who is employed by, volunteers with, or seeks to volunteer with a qualified entity; or owns or operates or seeks to own or operate, a qualified entity.
    Sec. 15.  2019 Iowa Acts, Senate File 333, section 104, subsection 6, is amended to read as follows:
   6.  Sections 15E.206, subsection 3, paragraph “a”; 15E.207, subsection 2, paragraph “b”, subparagraph (2), subparagraph division (c); 15E.208, subsection 5, paragraph “g”, subparagraphs (1) and (2); 15E.208, subsection 6, paragraph “d”, subparagraph (1), subparagraph division (a); 135.61, unnumbered paragraph 1; 135.61, subsection 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), (4), and (5); 135.63, subsection 1; 135.63, subsection 2, unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63, subsection 2, paragraph “h”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, subsection 2, paragraph “k”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered paragraph 1; 135.73, subsection 1; 135.73, subsection 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, subparagraph (1); 490.140, subsection 29; 490.640, subsection 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; and 524.1805, subsection 6, Code 2019, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”.
    Sec. 16.  EFFECTIVE DATE.  The following, being deemed of immediate importance, takes effect upon enactment:
   The section of this division of this Act amending section 261H.3, subsections 1 and 2.
    Sec. 17.  EFFECTIVE DATE.  The following takes effect January 1, 2020:
   The section of this division of this Act amending section 633.648.
    Sec. 18.  RETROACTIVE APPLICABILITY.  The following applies retroactively to March 27, 2019:
   The section of this division of this Act amending section 261H.3, subsections 1 and 2.
    Sec. 19.  APPLICABILITY.  The following applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after January 1, 2020:
   The section of this division of this Act amending section 633.648.
DIVISION IV
FLOOD RECOVERY

    Sec. 20.  NEW SECTION.  418.16  Flood recovery fund.
   1.  A flood recovery fund is established in the state treasury under the control of the board. The fund shall consist of moneys appropriated to the fund by the general assembly and any other moneys available to, obtained by, or accepted by the board for deposit in the fund. Moneys in the fund are appropriated to the department and shall be used for the purposes designated in this section. Moneys in the fund shall not supplant any federal disaster recovery moneys.
   2.  The board may award moneys from the fund to eligible political subdivisions of the state. A political subdivision of the state is eligible to receive moneys from the fund if the political subdivision is located in a county designated under presidential disaster declaration DR-4421-IA and is also located in a county where the federal emergency management agency’s individual assistance program has been activated.
   3.  In order to be awarded moneys from the fund, a political subdivision of the state shall submit a project application to the department for consideration by the board. The board shall prescribe application forms and application instructions. Project applications shall include all of the following:
   a.  A description of the project and the manner in which the project supports flood response, flood recovery, or flood mitigation activities.
   b.  A description of the financial assistance needed from the fund.
   c.  Details on any additional moneys to be applied to the project.
   4.  a.  The board shall review all project applications. During the review of a project application, the board shall consider, at a minimum, all of the following:
   (1)  Whether the project supports flood response, flood recovery, or flood mitigation activities.
   (2)  Whether moneys from the fund are essential to meet the necessary expenses or serious needs of the political subdivision related to flood response, flood recovery, or flood mitigation.
   b.  Upon review of a project application, the board shall approve, defer, or deny the application. If a project application is approved, the board shall specify the amount of moneys from the fund awarded to the political subdivision. The board shall negotiate and execute on behalf of the department all necessary agreements to provide the moneys. If a project application is deferred or denied, the board shall state the reasons for such deferral or denial.
   5.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
    Sec. 21.  FLOOD RECOVERY APPROPRIATION.  There is appropriated from the general fund of the state to the flood recovery fund created in section 418.16, as enacted by this Act, for the fiscal year beginning July 1, 2018, and ending June 30, 2019, the following amount, or so much thereof as is necessary, to be used for the purposes designated in section 418.16, as enacted by this Act:
   ...................................................................... $ 15,000,000
    Sec. 22.  EMERGENCY RULES.  The department of homeland security and emergency management may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this division of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 23.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION V
STATE BUDGET PROCESS

    Sec. 24.  Section 8.6, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  Salary model administrator.  To designate a position within the department to serve as the salary model administrator.
   a.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents.
   b.  The department of revenue, the department of administrative services, the institutions governed by the state board of regents pursuant to section 262.7, each judicial district’s department of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency.
   c.  The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within any annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
    Sec. 25.  Section 8.23, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   On or before October 1, prior to each legislative session, all departments and establishments of the government shall transmit to the director, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, classified so as to distinguish between expenditures estimated for administration, operation, and maintenance, and the cost of each project involving the purchase of land or the making of a public improvement or capital outlay of a permanent character, together with supporting data and explanations as called for by the director after consultation with the legislative services agency.
    Sec. 26.  Section 8.23, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  The estimates of expenditure requirements shall be based upon seventy-five percent of the funding provided for the current fiscal year accounted for by program reduced by the historical employee vacancy factor in a form specified by the director, and the remainder of the estimate of expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied with by performance measures for evaluating the effectiveness of the program programs or results.
    Sec. 27.  Section 602.1301, subsection 2, paragraph a, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   As early as possible, but not later than December 1, the supreme court shall submit to the legislative services agency the annual budget request and detailed supporting information for the judicial branch. The submission shall be designed to assist the legislative services agency in its preparation for legislative consideration of the budget request. The information submitted shall contain and be arranged in a format substantially similar to the format specified by the director of the department of management and used by all departments and establishments in transmitting to the director estimates of their expenditure requirements pursuant to section 8.23, except the estimates of expenditure requirements shall be based upon one hundred percent of funding for the current fiscal year accounted for by program, and using the same line item definitions of expenditures as used for the current fiscal year’s budget request, and the remainder of the estimate of expenditure requirements prioritized by program. The supreme court shall also make use of the department of management’s automated budget system when submitting information to the director of the department of management to assist the director in the transmittal of information as required under section 8.35A. The supreme court shall budget and track expenditures by the following separate organization codes:
DIVISION VI
BLACKOUT SPECIAL REGISTRATION PLATES

    Sec. 28.  Section 321.34, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  11C.  Blackout plates.
   a.  Upon application and payment of the proper fees, the director may issue blackout plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.
   b.  Blackout plates shall be designed by the department. A blackout plate’s background shall be black, and the plate’s letters and numbers shall be white.
   c.  The special blackout fee for letter-number designated blackout plates is thirty-five dollars. An applicant may obtain personalized blackout plates upon payment of the fee for personalized plates as provided in subsection 5, which is in addition to the special blackout fee. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. 
   d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special blackout fee for letter-number designated plates is ten dollars which shall be paid in addition to the regular annual registration fee. The annual fee for personalized blackout plates is five dollars which shall be paid in addition to the annual special blackout fee and the regular annual registration fee. The annual special blackout fee shall be credited as provided under paragraph “c”.
   e.  The department shall not condition the issuance of blackout plates on the receipt of any number of orders for blackout plates.
    Sec. 29.  Section 321.166, subsection 9, Code 2019, is amended to read as follows:
   9.  Special registration plates issued pursuant to section 321.34, other than gold star, medal of honor, collegiate, fire fighter, and natural resources, and blackout registration plates, shall be consistent with the design and color of regular registration plates but shall provide a space on a portion of the plate for the purpose of allowing the placement of a distinguishing processed emblem or an organization decal. Special registration plates shall also comply with the requirements for regular registration plates as provided in this section to the extent the requirements are consistent with the section authorizing a particular special vehicle registration plate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state and local finances by making appropriations, providing for legal and regulatory responsibilities, and providing for other properly related matters.
   STANDING APPROPRIATIONS AND RELATED MATTERS. The bill limits standing appropriations for payment of claims for nonpublic school transportation, instructional support state aid, and state aid for area education agencies.
   MISCELLANEOUS PROVISIONS. Under Code section 2C.18, the ombudsman is required to submit by April 1 an economically designed and reproduced report to the general assembly and to the governor concerning the exercise of the ombudsman’s functions during the preceding calendar year. The bill alters the date by which the report must be submitted to December 31, and requires the report to cover the preceding fiscal year.
   CORRECTIVE PROVISIONS. Section 216A.133(3)(l), if enacted by 2019 Iowa Acts, House File 634, section 5, is amended to correct the term “board” to “department”. 
   Code section 225C.51(1)(a), if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to use the complete terminology of a defined term in Code chapter 225C. 
   Code section 225C.51(3), if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to use the complete terminology of a defined term in Code chapter 225C.
   Code section 261H.3(1) and (2), as enacted by 2019 Iowa Acts, Senate File 274, section 3, are amended to include an erroneously omitted conjunction “or” and to correct a reference to the Constitution of the United States to be consistent with the reference throughout the Act. This provision takes effect upon enactment and applies retroactively to March 27, 2019.
   Code section 322C.15(2)(b), if enacted by 2019 Iowa Acts, Senate File 435, section 12, is amended to identify the correct Code section subunit.
   Code section 513D.2(2), as amended by 2019 Iowa Acts, House File 679, section 184, if enacted, is amended to correct a reference to the “commissioner of insurance”.
   Code section 515I.4A(1)(c), as enacted by 2019 Iowa Acts, Senate File 558, section 4, is amended to correct a reference to the term “surplus lines business” to be consistent with the usage of the term throughout the Act.
   Code section 522E.13(6), as amended by 2019 Iowa Acts, Senate File 559, section 6, is amended to include the complete cross reference citation related to notices and documents that are delivered by electronic means.
   Code section 633.648, as amended by 2019 Iowa Acts, House File 610, section 34, if enacted, is amended to correct a reference to the term “protected person” to be consistent with the usage of the term throughout the Act. This provision takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after January 1, 2020.
   Code section 692C.1(1)(a), if enacted by 2019 Iowa Acts, House File 681, section 1, is amended to add a comma between “employed by” and “volunteers with”.
   2019 Iowa Acts, Senate File 333, section 104, subsection 6, the nonsubstantive Code editor’s bill, is amended to correctly identify a codified subunit included in the Code editor directives of the Act.
   FLOOD RECOVERY. Under new Code section 418.16, the bill establishes a flood recovery fund in the state treasury under the control of the flood mitigation board. The board may award moneys from the fund to eligible political subdivisions of the state as provided in the bill. A political subdivision of the state is eligible to receive moneys from the fund if the political subdivision is located in a county designated under presidential disaster declaration DR-4421-IA and is also located in a county where the federal emergency management agency’s individual assistance program has been activated. The bill sets forth project application requirements and the criteria the board must consider when reviewing project applications. The bill makes an appropriation to the flood recovery fund for FY 2018-2019, and authorizes the department of homeland security and emergency management to adopt emergency rules. This division of the bill takes effect upon enactment.
   STATE BUDGET PROCESS. The bill codifies provisions relating to the salary model administrator that appeared annually in previous standings appropriations bills, with one exception. The provisions, in part, required the five institutions under the jurisdiction of the state board of regents to provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The bill instead requires such action by the institutions governed by the state board of regents pursuant to Code section 262.7. These institutions include the state university of Iowa including the university of Iowa hospitals and clinics, the Iowa state university of science and technology including the agricultural experiment station, the university of northern Iowa, the Iowa braille and sight saving school, the state school for the deaf, the Oakdale campus, and the university of Iowa hospitals and clinics’ center for disabilities and development.
   The bill also codifies provisions relating to the state budget process that appeared biennially and applied annually in previous standings appropriations bills. The provisions specify the contents of the estimates of expenditure requirements required to be submitted by all departments and establishments of the government, including the judicial branch, each year to the director of the department of management.
   BLACKOUT SPECIAL REGISTRATION PLATES. The bill authorizes the department of transportation (DOT) to issue blackout special registration plates. The bill requires the plates’ background to be black and the plates’ letters and numbers to be white. 
   The bill provides that the special blackout fee for letter-number designated blackout plates is $35. An applicant may obtain personalized blackout plates upon payment of the $25 fee for personalized plates set forth under current law, which is in addition to the special blackout fee. The bill requires the fees collected by the DOT for the plates to be paid monthly to the treasurer of state and deposited in the road use tax fund. 
   Upon receipt of the special registration plates, the applicant must surrender the current registration plates to the county treasurer. The county treasurer must validate the special registration plates in the same manner as regular registration plates are validated. The annual special blackout fee for letter-number designated plates is $10, which is in addition to the regular annual registration fee. The annual fee for personalized blackout plates is $5, which is in addition to the annual special blackout fee and the regular annual registration fee. The bill requires the annual special blackout fee to be credited in the same way as the special blackout fee.
   The bill prohibits the DOT from conditioning the issuance of blackout plates on the receipt of any number of orders for blackout plates.