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House File 530

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  DEPARTMENT FOR THE BLIND.  There is
  1  2 appropriated from the general fund of the state to the
  1  3 department for the blind for the fiscal year beginning July 1,
  1  4 1995, and ending June 30, 1996, the following amount, or so
  1  5 much thereof as is necessary, to be used for the purposes
  1  6 designated:
  1  7    For salaries, support, maintenance, miscellaneous purposes,
  1  8 and for not more than the following full-time equivalent
  1  9 positions:  
  1 10 .................................................. $  1,377,786
  1 11 ............................................... FTEs      95.00
  1 12    Sec. 2.  CIVIL RIGHTS COMMISSION.  There is appropriated
  1 13 from the general fund of the state to the Iowa state civil
  1 14 rights commission for the fiscal year beginning July 1, 1995,
  1 15 and ending June 30, 1996, the following amount, or so much
  1 16 thereof as is necessary, to be used for the purposes
  1 17 designated:
  1 18    For salaries, support, maintenance, miscellaneous purposes,
  1 19 and for not more than the following full-time equivalent
  1 20 positions:  
  1 21 .................................................. $  1,107,462
  1 22 ............................................... FTEs      31.00
  1 23    If the anticipated amount of federal funding from the
  1 24 federal equal employment opportunity commission and the
  1 25 federal department of housing and urban development exceeds
  1 26 $457,900 during the fiscal year beginning July 1, 1995, and
  1 27 ending June 30, 1996, the Iowa state civil rights commission
  1 28 may exceed the staffing level authorized by this section as
  1 29 necessary to hire additional staff to process or to support
  1 30 the processing of employment and housing complaints.
  1 31    Sec. 3.  DEPARTMENT OF ELDER AFFAIRS.  There is
  1 32 appropriated from the general fund of the state to the
  1 33 department of elder affairs for the fiscal year beginning July
  1 34 1, 1995, and ending June 30, 1996, the following amounts, or
  1 35 so much thereof as is necessary, to be used for the purposes
  2  1 designated:
  2  2    1.  For salaries, support, maintenance, miscellaneous
  2  3 purposes, and for not more than the following full-time
  2  4 equivalent positions:  
  2  5 .................................................. $    444,877
  2  6 ............................................... FTEs      28.00
  2  7    2.  For aging programs and services:  
  2  8 .................................................. $  2,576,528
  2  9    All funds appropriated in this subsection shall be received
  2 10 and disbursed by the director of elder affairs for aging
  2 11 programs and services, shall not be used by the department for
  2 12 administrative purposes, not more than $151,654 shall be used
  2 13 for area agencies on aging administrative purposes, and shall
  2 14 be used for citizens of Iowa over 60 years of age for case
  2 15 management for the frail elderly, mental health outreach,
  2 16 Alzheimer's support, retired senior volunteer program, care
  2 17 review committee coordination, employment, adult day care,
  2 18 respite care, chore services, telephone reassurance,
  2 19 information and assistance, and home repair services,
  2 20 including the winterizing of homes, and for the construction
  2 21 of entrance ramps which make residences accessible to the
  2 22 physically handicapped.  Funds appropriated in this subsection
  2 23 may be used to supplement federal funds under federal
  2 24 regulations.  Funds appropriated in this subsection may be
  2 25 used for elderly services not specifically enumerated in this
  2 26 subsection only if approved by an area agency on aging for
  2 27 provision of the service within the area.
  2 28    The department shall maintain policies and procedures
  2 29 regarding Alzheimer's support and the retired senior volunteer
  2 30 program.  To receive funds appropriated in this subsection, a
  2 31 local area agency on aging shall match the funds with funds
  2 32 from other sources in accordance with rules adopted by the
  2 33 department.
  2 34    Sec. 4.  GOVERNOR'S SUBSTANCE ABUSE PREVENTION COORDINATOR.
  2 35 There is appropriated from the general fund of the state to
  3  1 the office of the governor's substance abuse prevention
  3  2 coordinator for the fiscal year beginning July 1, 1995, and
  3  3 ending June 30, 1996, the following amounts, or so much
  3  4 thereof as is necessary, to be used for the purposes
  3  5 designated:
  3  6    1.  For salaries, support, maintenance, miscellaneous
  3  7 purposes, and for not more than the following full-time
  3  8 equivalent positions:  
  3  9 .................................................. $    299,252
  3 10 ............................................... FTEs      10.00
  3 11    2.  For the Iowa substance abuse clearinghouse in Cedar
  3 12 Rapids for staff, materials, and operating expenses:  
  3 13 .................................................. $     32,894
  3 14    Sec. 5.  DEPARTMENT OF PUBLIC HEALTH.  There is
  3 15 appropriated from the general fund of the state to the Iowa
  3 16 department of public health for the fiscal year beginning July
  3 17 1, 1995, and ending June 30, 1996, the following amounts, or
  3 18 so much thereof as is necessary, to be used for the purposes
  3 19 designated:
  3 20    1.  a.  PLANNING AND ADMINISTRATION DIVISION
  3 21    For salaries, support, maintenance, miscellaneous purposes,
  3 22 and for not more than the following full-time equivalent
  3 23 positions:  
  3 24 ................................................. $   2,089,708
  3 25 ............................................... FTEs      64.65
  3 26    (1)  Of the funds appropriated in this lettered paragraph,
  3 27 $741,123 shall be used for the chronic renal disease program.
  3 28 The types of assistance available to eligible recipients under
  3 29 the program may include insurance premiums, travel
  3 30 reimbursement, and prescription and nonprescription drugs.
  3 31 The program expenditures shall not exceed this allocation.  If
  3 32 projected expenditures would exceed the allocation, the
  3 33 department shall establish by administrative rule a mechanism
  3 34 to reduce financial assistance under the renal disease program
  3 35 in order to keep expenditures within the amount allocated in
  4  1 this paragraph.
  4  2    (2)  Hospitals shall not collect fees for birth
  4  3 certificates in excess of the fees as set out in the
  4  4 administrative rules of the Iowa department of public health.
  4  5    (3)  Of the funds appropriated in this lettered paragraph,
  4  6 $112,987 shall be used to provide regulatory oversight of
  4  7 accountable health plans.
  4  8    b.  PROFESSIONAL LICENSURE
  4  9    For salaries, support, maintenance, miscellaneous purposes,
  4 10 and for not more than the following full-time equivalent
  4 11 positions:  
  4 12 .................................................. $    765,272
  4 13 ............................................... FTEs      11.00
  4 14    The director of public health, when estimating expenditure
  4 15 requirements for the boards funded under this paragraph, shall
  4 16 base the budget on 85 percent of the average annual fees
  4 17 generated for the previous two fiscal years.  The department
  4 18 shall confer with the boards funded under this lettered
  4 19 paragraph in estimating the boards' annual fee generation and
  4 20 administrative costs.  When the department develops each
  4 21 board's annual budget, a board's budget shall not exceed 85
  4 22 percent of fees collected, based on the average of the
  4 23 previous two fiscal years.  The department may expend funds in
  4 24 addition to amounts budgeted, if those additional expenditures
  4 25 are directly the result of unanticipated litigation costs
  4 26 arising from the discharge of the board's regulatory duties.
  4 27 Before the department expends or encumbers an amount in excess
  4 28 of the funds budgeted for a board, the director of the
  4 29 department of management shall approve the expenditure or
  4 30 encumbrance.  The amounts necessary to fund the unanticipated
  4 31 litigation in the fiscal year beginning July 1, 1995, shall
  4 32 not exceed 5 percent of the average annual fees generated by
  4 33 the board for the previous two fiscal years.
  4 34    c.  HEALTH DELIVERY SYSTEMS
  4 35    (1)  For salaries, support, maintenance, miscellaneous
  5  1 purposes, and for not more than the following full-time
  5  2 equivalent positions:  
  5  3 .................................................. $  1,311,846
  5  4 ............................................... FTEs      19.00
  5  5    (2)  Of the funds appropriated in this lettered paragraph,
  5  6 $163,859 is allocated for the office of rural health to
  5  7 provide technical assistance to rural areas in the area of
  5  8 health care delivery.
  5  9    (3)  Of the funds appropriated in this lettered paragraph,
  5 10 $1,015,358 shall be used for the training of emergency medical
  5 11 services (EMS) personnel at the state, county, and local
  5 12 levels.
  5 13    If a person in the course of responding to an emergency
  5 14 renders aid to an injured person and becomes exposed to bodily
  5 15 fluids of the injured person, that emergency responder shall
  5 16 be entitled to hepatitis testing and immunization in
  5 17 accordance with the latest available medical technology to
  5 18 determine if infection with hepatitis has occurred.  The
  5 19 person shall be entitled to reimbursement from the EMS funds
  5 20 available under this lettered paragraph only if the
  5 21 reimbursement is not available through any employer or third-
  5 22 party payor.
  5 23    (4)  Of the funds appropriated in this lettered paragraph,
  5 24 $132,629 shall be used to develop, implement, and maintain
  5 25 rural health provider recruitment and retention efforts.
  5 26    d.  CENTER FOR RURAL HEALTH AND PRIMARY CARE.
  5 27    For primary care provider recruitment and retention
  5 28 endeavors:  
  5 29 .................................................. $    235,000
  5 30    e.  HEALTH DATA COMMISSION
  5 31    For the health data commission:  
  5 32 .................................................. $     75,000
  5 33    (1)  The funds appropriated in this lettered paragraph,
  5 34 plus any other funds received, shall be used for the
  5 35 collection, verification, updating, and storage of data
  6  1 received pursuant to chapters 145 and 255A, and for the
  6  2 production of mandated reports.  The health data commission
  6  3 shall establish a fee schedule, in consultation with its
  6  4 consultant, for the costs of providing data to organizations
  6  5 which request the data.  The fee established shall be based
  6  6 upon the marginal cost and a portion of the fixed cost of
  6  7 providing the data.
  6  8    (2)  Prior to December 1, 1995, the commission shall submit
  6  9 to the general assembly a useful, comprehensive report for use
  6 10 by members of the general assembly in making informed
  6 11 decisions on public policy issues involving health.
  6 12    (3)  The health data commission shall provide a match of
  6 13 one dollar in advance of each state dollar provided.
  6 14    2.  HEALTH PROTECTION DIVISION
  6 15    a.  For salaries, support, maintenance, miscellaneous
  6 16 purposes, and for not more than the following full-time
  6 17 equivalent positions:  
  6 18 .................................................. $  2,148,541
  6 19 ............................................... FTEs      78.62
  6 20    b.  Of the funds appropriated in this subsection, $75,000
  6 21 shall be used for chlamydia testing.
  6 22    c.  Of the funds appropriated in this subsection, $15,000
  6 23 is allocated to support the surveillance and reporting of
  6 24 disabilities suffered by persons engaged in agriculture
  6 25 resulting from diseases or injuries, including identifying the
  6 26 amount and severity of agriculture-related injuries and
  6 27 diseases in the state, identifying causal factors associated
  6 28 with agriculture-related injuries and diseases, and evaluating
  6 29 the effectiveness of intervention programs designed to reduce
  6 30 injuries and diseases.  The department shall cooperate with
  6 31 the department of agriculture and land stewardship, Iowa state
  6 32 university of science and technology, and the college of
  6 33 medicine at the state university of Iowa in accomplishing
  6 34 these duties.
  6 35    d.  Of the funds appropriated in this subsection, $74,547
  7  1 shall be used for the lead abatement program.
  7  2    The Iowa department of public health shall organize a
  7  3 coalition to consider federal requirements concerning lead
  7  4 poisoning and develop recommendations for submission to the
  7  5 general assembly on or before January 1, 1996, for proposed
  7  6 legislation regarding lead-poisoned persons.  The coalition
  7  7 formed shall include, but is not limited to, representatives
  7  8 of real estate agents, landlords, painting contractors, lead
  7  9 inspectors, local public health officials, and consumers.
  7 10    e.  The radon program shall be eliminated July 1, 1995.
  7 11    f.  The state university of Iowa hospitals and clinics
  7 12 shall not receive indirect costs from the funds appropriated
  7 13 in this subsection.
  7 14    g.  As of July 1, 1995, the department shall no longer
  7 15 inspect laser light shows.
  7 16    3.  SUBSTANCE ABUSE AND HEALTH PROMOTION DIVISION
  7 17    a.  For salaries, support, maintenance, miscellaneous
  7 18 purposes, and for not more than the following full-time
  7 19 equivalent positions:  
  7 20 .................................................. $    614,617
  7 21 ............................................... FTEs      35.48
  7 22    (1)  The division shall continue the task force composed of
  7 23 substance abuse treatment and prevention providers regardless
  7 24 of funding source to study treatment and prevention service
  7 25 areas and the fiscal implications of awarding funds to more
  7 26 than one provider per service area.
  7 27    (2)  By July 1, 1997, the commission on substance abuse, in
  7 28 conjunction with the division, shall coordinate delivery of
  7 29 substance abuse services involving prevention, social and
  7 30 medical detoxification, and other treatment by medical and
  7 31 nonmedical providers to uninsured and court-ordered substance
  7 32 abuse patients in all counties of the state.
  7 33    b.  For program grants:  
  7 34 .................................................. $  8,390,159
  7 35    Of the funds appropriated in this lettered paragraph,
  8  1 $193,500 shall be used for the provision of aftercare services
  8  2 for persons completing substance abuse treatment.
  8  3    Of the funds appropriated in this lettered paragraph, a
  8  4 minimum of $950,000 shall be used by the Iowa department of
  8  5 public health to implement an integrated substance abuse
  8  6 managed care system.  The Iowa department of public health and
  8  7 the department of human services shall collaborate with other
  8  8 appropriate state agencies, shall consider the recommendations
  8  9 of the 1994 legislative interim study committee findings and
  8 10 the recommendations of the center for substance abuse
  8 11 technical assistance team in the development of an integrated
  8 12 managed care system, and shall assist in the submission of an
  8 13 application for a federal waiver relating to the system to the
  8 14 federal Health Care Financing Administration (HCFA).  As part
  8 15 of this collaboration, the Iowa department of public health
  8 16 shall request outside technical assistance to provide
  8 17 recommendations on implementing this system.  The Iowa
  8 18 department of public health and the department of human
  8 19 services shall implement an integrated managed care system
  8 20 starting July 1, 1995.
  8 21    4.  FAMILY AND COMMUNITY HEALTH DIVISION
  8 22    a.  For salaries, support, maintenance, miscellaneous
  8 23 purposes, and for not more than the following full-time
  8 24 equivalent positions:  
  8 25 ................................................. $   3,040,236
  8 26 ............................................... FTEs      62.00
  8 27    (1)  Of the funds appropriated in this lettered paragraph
  8 28 at least $587,865 shall be allocated by the division for the
  8 29 birth defects and genetics counseling program and of these
  8 30 funds, $279,402 is allocated for regional genetic counseling
  8 31 services contracted from the state university of Iowa
  8 32 hospitals and clinics under the control of the state board of
  8 33 regents.
  8 34    (2)  Of the funds appropriated in this lettered paragraph,
  8 35 the following amounts are allocated to the state university of
  9  1 Iowa hospitals and clinics under the control of the state
  9  2 board of regents for the following programs under the Iowa
  9  3 specialized child health care services:
  9  4    (a)  Mobile and regional child health specialty clinics:  
  9  5 .................................................. $    392,931
  9  6    The regional clinic located in Sioux City shall maintain a
  9  7 social worker component to assist the families of children
  9  8 participating in the clinic program.
  9  9    Of the funds allocated in this subparagraph, $97,937 shall
  9 10 be used for a specialized medical home care program providing
  9 11 care planning and coordination of community support services
  9 12 for children who require technical medical care in the home.
  9 13    (b)  Muscular dystrophy and related genetic disease
  9 14 programs:  
  9 15 .................................................. $    115,613
  9 16    (c)  Statewide perinatal program:  
  9 17 .................................................. $     61,693
  9 18    (3)  The birth defects and genetic counseling service shall
  9 19 apply a sliding fee scale to determine the amount a person
  9 20 receiving the services is required to pay for the services.
  9 21 These fees shall be considered repayment receipts and used for
  9 22 the program.
  9 23    (4)  The state university of Iowa hospitals and clinics
  9 24 shall not receive indirect costs from the funds allocated in
  9 25 this lettered paragraph.
  9 26    (5)  Of the funds appropriated in this lettered paragraph,
  9 27 $1,001,209 shall be used for maternal and child health
  9 28 services.
  9 29    (6)  If during the 1995-1996 fiscal year, the federal
  9 30 government incorporates the special supplemental nutrition
  9 31 program for women, infants, and children into a block grant,
  9 32 the department of human services, Iowa department of public
  9 33 health, or any other state agency which administers the block
  9 34 grant shall require a competitive bid process for infant
  9 35 formula purchased by or for families under the block grant.
 10  1    (7)  The Iowa department of public health shall administer
 10  2 the statewide maternal and child health program, conduct
 10  3 mobile and regional child health specialty clinics, and
 10  4 conduct other activities to improve the health of low-income
 10  5 women and children and to promote the welfare of children with
 10  6 actual or potential handicapping conditions and chronic
 10  7 illnesses in accordance with the requirements of Title V of
 10  8 the federal Social Security Act.
 10  9    (8)  The department may budget for the programs in the
 10 10 family and community health division in accordance with the
 10 11 performance-based budgeting method.  Notwithstanding section
 10 12 8.23, for the budget process for the fiscal year beginning
 10 13 July 1, 1996, the department is not required to submit a
 10 14 budget for the programs using 75 percent base budgeting and
 10 15 decision package methodology.  The department shall work
 10 16 cooperatively with the council on human investment in
 10 17 transitioning the performance-based budgeting method to the
 10 18 outcomes-based budget model developed by the council.
 10 19    (9)  The department shall continue efforts to realize the
 10 20 "Healthy Iowans 2000" goal of promoting prevention and health
 10 21 promotion to improve the quality of life of Iowans and to hold
 10 22 down health care costs and shall submit an annual "Healthy
 10 23 Iowans 2000" progress report to the general assembly on
 10 24 January 1 of each fiscal year.
 10 25    b.  Sudden infant death syndrome autopsies:
 10 26    For reimbursing counties for expenses resulting from
 10 27 autopsies of suspected victims of sudden infant death syndrome
 10 28 required under section 331.802, subsection 3, paragraph "j":  
 10 29 .................................................. $      9,675
 10 30    c.  For grants to local boards of health for the public
 10 31 health nursing program:  
 10 32 .................................................. $  2,511,871
 10 33    (1)  Funds appropriated in this lettered paragraph shall be
 10 34 used to maintain and expand the existing public health nursing
 10 35 program for elderly and low-income persons with the objective
 11  1 of preventing or reducing inappropriate institutionalization.
 11  2 The funds shall not be used for any other purpose.  As used in
 11  3 this lettered paragraph, "elderly person" means a person who
 11  4 is 60 years of age or older and "low-income person" means a
 11  5 person whose income and resources are below the guidelines
 11  6 established by the department.
 11  7    (2)  One-fourth of the total amount to be allocated shall
 11  8 be divided so that an equal amount is available for use in
 11  9 each county in the state.  Three-fourths of the total amount
 11 10 to be allocated shall be divided so that the share available
 11 11 for use in each county is proportionate to the number of
 11 12 elderly and low-income persons living in that county in
 11 13 relation to the total number of elderly and low-income persons
 11 14 living in the state.
 11 15    (3)  In order to receive allocations under this lettered
 11 16 paragraph, the local board of health having jurisdiction shall
 11 17 prepare a proposal for the use of the allocated funds
 11 18 available for that jurisdiction that will provide the maximum
 11 19 benefits of expanded public health nursing care to elderly and
 11 20 low-income persons in the jurisdiction.  After approval of the
 11 21 proposal by the department, the department shall enter into a
 11 22 contract with the local board of health.  The local board of
 11 23 health shall subcontract with a nonprofit nurses' association,
 11 24 an independent nonprofit agency, or a suitable local
 11 25 governmental body to use the allocated funds to provide public
 11 26 health nursing care.  Local boards of health shall make an
 11 27 effort to prevent duplication of services.
 11 28    (4)  If by July 30 of the fiscal year, the department is
 11 29 unable to conclude contracts for use of the allocated funds in
 11 30 a county, the department shall consider the unused funds
 11 31 appropriated under this lettered paragraph an unallocated
 11 32 pool.  If the unallocated pool is $50,000 or more it shall be
 11 33 reallocated to the counties in substantially the same manner
 11 34 as the original allocations.  The reallocated funds are
 11 35 available for use in those counties during the period
 12  1 beginning January 1 and ending June 30 of the fiscal year.  If
 12  2 the unallocated pool is less than $50,000, the department may
 12  3 allocate the pool to counties with demonstrated special needs
 12  4 for public health nursing.
 12  5    (5)  The department shall maintain rules governing the
 12  6 expenditure of funds appropriated in this lettered paragraph.
 12  7 The rules shall require each local agency receiving funds to
 12  8 establish and use a sliding fee scale for those persons able
 12  9 to pay for all or a portion of the cost of the care.
 12 10    (6)  The department shall annually evaluate the success of
 12 11 the public health nursing program.  The evaluation shall
 12 12 include the extent to which the program reduced or prevented
 12 13 inappropriate institutionalization, the extent to which the
 12 14 program increased the availability of public health nursing
 12 15 care to elderly and low-income persons, and the extent of
 12 16 public health nursing care provided to elderly and low-income
 12 17 persons.  The department shall submit a report of each annual
 12 18 evaluation to the governor and the general assembly.
 12 19    d.  For grants to county boards of supervisors for the home
 12 20 care aide program:  
 12 21 .................................................. $  8,586,716
 12 22    Funds appropriated in this lettered paragraph shall be used
 12 23 to provide home care aide services with emphasis on services
 12 24 to elderly and persons below the poverty level and children
 12 25 and adults in need of protective services with the objective
 12 26 of preventing or reducing inappropriate institutionalization.
 12 27 In addition, up to 15 percent of the funds appropriated in
 12 28 this lettered paragraph may be used to provide chore services.
 12 29 The funds shall not be used for any other purposes.  In
 12 30 providing services to elderly persons, the service provider
 12 31 shall coordinate efforts with the integrated case management
 12 32 for the frail elderly program of the department of elder
 12 33 affairs.  As used in this lettered paragraph:
 12 34    (1)  "Chore services" means services provided to
 12 35 individuals or families, who, due to incapacity, or illness,
 13  1 are unable to perform certain home maintenance functions.  The
 13  2 services include but are not limited to yard work such as
 13  3 mowing lawns, raking leaves, and shoveling walks; window and
 13  4 door maintenance such as hanging screen windows and doors,
 13  5 replacing windowpanes, and washing windows; and minor repairs
 13  6 to walls, floors, stairs, railings, and handles.  It also
 13  7 includes heavy house cleaning which includes cleaning attics
 13  8 or basements to remove fire hazards, moving heavy furniture,
 13  9 extensive wall washing, floor care or painting, and trash
 13 10 removal.
 13 11    (2)  "Elderly person" means a person who is 60 years of age
 13 12 or older.
 13 13    (3)  "Home care aide services" means services intended to
 13 14 enhance the capacity of household members to attain or
 13 15 maintain the independence of the household members and
 13 16 provided by trained and supervised workers to individuals or
 13 17 families, who, due to the absence, incapacity, or limitations
 13 18 of the usual homemaker, are experiencing stress or crisis.
 13 19 The services include but are not limited to essential
 13 20 shopping, housekeeping, meal preparation, child care, respite
 13 21 care, money management and consumer education, family
 13 22 management, personal services, transportation and providing
 13 23 information, assistance, and household management.
 13 24    (4)  "Low-income person" means a person whose income and
 13 25 resources are below the guidelines established by the
 13 26 department.
 13 27    (5)  "Protective services" means those home care aide
 13 28 services intended to stabilize a child's or an adult's
 13 29 residential environment and relationships with relatives,
 13 30 caretakers, and other persons or household members in order to
 13 31 alleviate a situation involving abuse or neglect or to
 13 32 otherwise protect the child or adult from a threat of abuse or
 13 33 neglect.
 13 34    The amount appropriated in this lettered paragraph shall be
 13 35 allocated for use in the counties of the state.  Fifteen
 14  1 percent of the amount shall be divided so that an equal amount
 14  2 is available for use in each county in the state.  The
 14  3 following percentages of the remaining amount shall be
 14  4 allocated to each county according to that county's proportion
 14  5 of residents with the following demographic characteristics:
 14  6 60 percent according to the number of elderly persons living
 14  7 in the county, 20 percent according to the number of persons
 14  8 below the poverty level living in the county, and 20 percent
 14  9 according to the number of substantiated cases of child abuse
 14 10 in the county during the three most recent fiscal years for
 14 11 which data is available.
 14 12    In order to receive allocations in this lettered paragraph,
 14 13 the county board of supervisors, after consultation with the
 14 14 local boards of health, human services county cluster boards,
 14 15 area agency on aging advisory council, local office of the
 14 16 department of human services, and other in-home health care
 14 17 provider agencies in the jurisdiction, shall prepare a
 14 18 proposal for the use of the allocated funds available for that
 14 19 jurisdiction that will provide the maximum benefits of home
 14 20 care aide services to elderly and low-income persons and
 14 21 children and adults in need of protective services in the
 14 22 jurisdiction.  An agency requesting service or financial
 14 23 information about a current subcontractor shall provide
 14 24 similar information concerning its own home care aide or chore
 14 25 services program to the current subcontractor.  The proposal
 14 26 may provide that a maximum of 15 percent of the allocated
 14 27 funds will be used to provide chore services.  The proposal
 14 28 shall include a statement assuring that children and adults in
 14 29 need of protective services are given priority for home care
 14 30 aide services and that the appropriate local agencies have
 14 31 participated in the planning for the proposal.  After approval
 14 32 of the proposal by the department, the department shall enter
 14 33 into a contract with the county board of supervisors or a
 14 34 governmental body designated by the county board of
 14 35 supervisors.  The county board of supervisors or its designee
 15  1 shall subcontract with a nonprofit nurses' association, an
 15  2 independent nonprofit agency, the department of human
 15  3 services, or a suitable local governmental body to use the
 15  4 allocated funds to provide home care aide services and chore
 15  5 services providing that the subcontract requires any service
 15  6 provided away from the home to be documented in a report
 15  7 available for review by the department, and that each home
 15  8 care aide subcontracting agency shall maintain the direct
 15  9 service workers' time assigned to direct client service at 70
 15 10 percent or more of the workers' paid time and that not more
 15 11 than 35 percent of the total cost of the service be included
 15 12 in the combined costs for service administration and agency
 15 13 administration.  The subcontract shall require that each home
 15 14 care aide subcontracting agency shall pay the employer's
 15 15 contribution of social security and provide workers'
 15 16 compensation coverage for persons providing direct home care
 15 17 aide service and meet any other applicable legal requirements
 15 18 of an employer-employee relationship.
 15 19    If by July 30 of the fiscal year, the department is unable
 15 20 to conclude contracts for use of the allocated funds in a
 15 21 county, the department shall consider the unused funds
 15 22 appropriated in this lettered paragraph an unallocated pool.
 15 23 The department shall also identify any allocated funds which
 15 24 the counties do not anticipate spending during the fiscal
 15 25 year.  If the amount of anticipated excess funds to any county
 15 26 is substantial, the department and the county may agree to
 15 27 return those excess funds, if the funds are other than program
 15 28 revenues, to the department, and if returned, the department
 15 29 shall consider the returned funds a part of the unallocated
 15 30 pool.  The department shall, prior to February 15 of the
 15 31 fiscal year, reallocate the funds in the unallocated pool
 15 32 among the counties in which the department has concluded
 15 33 contracts under this lettered paragraph.  The department shall
 15 34 also review the first 10 months' expenditures for each county
 15 35 in May of the fiscal year, to determine if any counties
 16  1 possess contracted funds which they do not anticipate
 16  2 spending.  If such funds are identified and the county agrees
 16  3 to release the funds, the released funds will be considered a
 16  4 new reallocation pool.  The department may, prior to June 1 of
 16  5 the fiscal year, reallocate funds from this new reallocation
 16  6 pool to those counties which have experienced a high
 16  7 utilization of protective service hours for children and
 16  8 dependent adults.
 16  9    The department shall maintain rules governing the
 16 10 expenditure of funds appropriated in this lettered paragraph.
 16 11 The rules shall require each local agency receiving funds to
 16 12 establish and use a sliding fee scale for those persons able
 16 13 to pay for all or a portion of the cost of the services and
 16 14 shall require the payments to be applied to the cost of the
 16 15 services.  The department shall also maintain rules for
 16 16 standards regarding training, supervision, recordkeeping,
 16 17 appeals, program evaluation, cost analysis, and financial
 16 18 audits, and rules specifying reporting requirements.
 16 19    The department shall annually evaluate the success of the
 16 20 home care aide program.  The evaluation shall include a
 16 21 description of the program and its implementation, the extent
 16 22 of local participation, the extent to which the program
 16 23 reduced or prevented inappropriate institutionalization, the
 16 24 extent to which the program provided or increased the
 16 25 availability of home care aide services to elderly and low-
 16 26 income persons and children and adults in need of protective
 16 27 services, any problems and recommendations concerning the
 16 28 program, and an analysis of the costs of services across the
 16 29 state.  The department shall submit a report of the annual
 16 30 evaluation to the governor and the general assembly.
 16 31    e.  For the development and maintenance of well-elderly
 16 32 clinics in the state:  
 16 33 .................................................. $    585,337
 16 34    The appropriation in this lettered paragraph shall be
 16 35 distributed by a formula to well-elderly clinics located in
 17  1 counties which provide funding on a matching basis for the
 17  2 well-elderly clinics.
 17  3    f.  For the physician care for children program:  
 17  4 .................................................. $    411,187
 17  5    The physician services shall be subject to managed care and
 17  6 selective contracting provisions and shall be used to provide
 17  7 for the medical treatment of children and shall include
 17  8 coverage of diagnostic procedures, prescription drugs, and
 17  9 physician-ordered treatments necessary to treat an acute
 17 10 condition.  Services provided under this lettered paragraph
 17 11 shall be reimbursed according to medical assistance
 17 12 reimbursement rates.
 17 13    g.  For primary and preventive health care for children:  
 17 14 .................................................. $     75,000
 17 15    Funds appropriated in this lettered paragraph shall be for
 17 16 the public purpose of providing a renewable grant, following a
 17 17 request for proposals, to a statewide charitable organization
 17 18 within the meaning of section 501(c)(3) of the Internal
 17 19 Revenue Code which was organized prior to April 1, 1989, and
 17 20 has as one of its purposes the sponsorship or support for
 17 21 programs designed to improve the quality, awareness, and
 17 22 availability of health care for the young, to serve as the
 17 23 funding mechanism for the provision of primary health care and
 17 24 preventive services to children in the state who are uninsured
 17 25 and who are not eligible under any public plan of health
 17 26 insurance, provided all of the following conditions are met:
 17 27    (1)  The organization shall provide a match of four dollars
 17 28 in advance of each state dollar provided.
 17 29    (2)  The organization coordinates services with new or
 17 30 existing public programs and services provided by or funded by
 17 31 appropriate state agencies in an effort to avoid inappropriate
 17 32 duplication of services and ensure access to care to the
 17 33 extent as is reasonably possible.  The organization shall work
 17 34 with the Iowa department of public health, family and
 17 35 community health division, to ensure duplication is minimized.
 18  1    (3)  The organization's governing board includes in its
 18  2 membership representatives from the executive and legislative
 18  3 branches of state government.
 18  4    (4)  Grant funds are available as needed to provide
 18  5 services and shall not be used for administrative costs of the
 18  6 department or the grantee.
 18  7    h.  For the Iowa healthy family program under section
 18  8 135.106:  
 18  9 .................................................. $    665,000
 18 10    The moneys appropriated in this lettered paragraph shall be
 18 11 granted pursuant to 1992 Iowa Acts, Second Extraordinary
 18 12 Session, chapter 1001, section 415, except that the grants
 18 13 shall be extended for an additional year.  Notwithstanding the
 18 14 provisions of 1992 Iowa Acts, Second Extraordinary Session,
 18 15 chapter 1001, section 416, the use of mid-level practitioners
 18 16 to improve access to prenatal care shall include obstetrical-
 18 17 gynecological nurse practitioners and family nurse
 18 18 practitioners focusing on maternal and child health.  The
 18 19 department is encouraged to expand funding eligibility under
 18 20 the program to private physician and clinic-sponsored programs
 18 21 servicing low-income populations.  The administrative entities
 18 22 of the Iowa health family program shall work collaboratively
 18 23 to assure continuity of the provision of services from the
 18 24 prenatal to the preschool period to an individual client by
 18 25 having a single resource mother work with that client.  The
 18 26 department shall submit an annual report to the general
 18 27 assembly concerning the efficiency of the healthy family
 18 28 program and make any recommendations for improvements.  By
 18 29 January 1, 1996, the department shall submit a report to the
 18 30 governor and the general assembly on the efforts to increase
 18 31 the use of mid-level practitioners under the program.  Any
 18 32 funds contracted to agencies under this paragraph which are
 18 33 projected to be unused at the close of the fiscal year shall
 18 34 be allowed to be reallocated within the health family program
 18 35 by April 1, 1996.
 19  1    The Iowa department of public health and the department of
 19  2 human services shall determine if expenses under any portion
 19  3 of the healthy family program would qualify for payment under
 19  4 the medical assistance program and if so, shall apply to the
 19  5 federal government for a medical assistance waiver.  The Iowa
 19  6 department of public health and the department of human
 19  7 services shall evaluate the funding change's potential impact
 19  8 upon clients of the healthy family program.
 19  9    Contingent upon appropriation by the general assembly, the
 19 10 healthy opportunities for parents to experience success
 19 11 program, authorized in the 1992 Iowa Acts, Second
 19 12 Extraordinary Session, chapter 1001, section 414, shall be
 19 13 implemented or expanded in the following priority order:
 19 14    (1)  Expansion of the program to be fully funded in Scott,
 19 15 Woodbury, and Polk counties.
 19 16    (2)  Implementation of the program in Adams, Decatur,
 19 17 Ringgold, and Union counties.
 19 18    (3)  Implementation of the program in Boone and Dickinson
 19 19 counties.
 19 20    If there is inadequate funding for the priority in
 19 21 subparagraph (1), the moneys available shall be divided among
 19 22 the three counties.  If the implementation in any county
 19 23 enumerated in subparagraph (2) or (3) is unsuccessful, the
 19 24 contractor may substitute another county with similar
 19 25 demographics.
 19 26    5.  STATE BOARD OF DENTAL EXAMINERS
 19 27    For salaries, support, maintenance, miscellaneous purposes,
 19 28 and for not more than the following full-time equivalent
 19 29 positions:  
 19 30 .................................................. $    285,314
 19 31 ............................................... FTEs       4.00
 19 32    6.  STATE BOARD OF MEDICAL EXAMINERS
 19 33    For salaries, support, maintenance, miscellaneous purposes,
 19 34 and for not more than the following full-time equivalent
 19 35 positions:  
 20  1 .................................................. $  1,002,545
 20  2 ............................................... FTEs      18.00
 20  3    7.  STATE BOARD OF NURSING EXAMINERS
 20  4    For salaries, support, maintenance, miscellaneous purposes,
 20  5 and for not more than the following full-time equivalent
 20  6 positions:  
 20  7 .................................................. $    923,661
 20  8 ............................................... FTEs      17.00
 20  9    8.  STATE BOARD OF PHARMACY EXAMINERS
 20 10    For salaries, support, maintenance, miscellaneous purposes,
 20 11 and for not more than the following full-time equivalent
 20 12 positions:  
 20 13 .................................................. $    657,113
 20 14 ............................................... FTEs      11.00
 20 15    9.  The state board of medical examiners, the state board
 20 16 of pharmacy examiners, the state board of dental examiners,
 20 17 and the state board of nursing examiners shall prepare
 20 18 estimates of projected receipts to be generated by the
 20 19 licensing, certification, and examination fees of each board
 20 20 as well as a projection of the fairly apportioned
 20 21 administrative costs and rental expenses attributable to each
 20 22 board.  Each board shall annually review and adjust its
 20 23 schedule of fees so that, as nearly as possible, projected
 20 24 receipts equal projected costs.
 20 25    10.  The state board of medical examiners, the state board
 20 26 of pharmacy examiners, the state board of dental examiners,
 20 27 and the state board of nursing examiners shall retain their
 20 28 individual executive officers, but are strongly encouraged to
 20 29 share administrative, clerical, and investigative staffs to
 20 30 the greatest extent possible.
 20 31    11.  A local health care provider or nonprofit health care
 20 32 organization seeking grant moneys administered by the Iowa
 20 33 department of public health shall provide documentation that
 20 34 the provider or organization has coordinated its services with
 20 35 other local entities providing similar services.
 21  1    Sec. 6.  DEPARTMENT OF HUMAN RIGHTS.  There is appropriated
 21  2 from the general fund of the state to the department of human
 21  3 rights for the fiscal year beginning July 1, 1995, and ending
 21  4 June 30, 1996, the following amounts, or so much thereof as is
 21  5 necessary, to be used for the purposes designated:
 21  6    1.  CENTRAL ADMINISTRATION DIVISION
 21  7    For salaries, support, maintenance, miscellaneous purposes,
 21  8 and for not more than the following full-time equivalent
 21  9 positions:  
 21 10 .................................................. $    181,314
 21 11 ............................................... FTEs       6.60
 21 12    2.  COMMUNITY ACTION AGENCIES DIVISION
 21 13    For the expenses of the community action agencies
 21 14 commission:  
 21 15 .................................................. $      3,366
 21 16    3.  DEAF SERVICES DIVISION
 21 17    For salaries, support, maintenance, miscellaneous purposes,
 21 18 and for not more than the following full-time equivalent
 21 19 positions:  
 21 20 .................................................. $    248,574
 21 21 ............................................... FTEs       8.00
 21 22    The fees collected by the division for provision of
 21 23 interpretation services by the division to obligated agencies
 21 24 shall be disbursed pursuant to the provisions of section 8.32,
 21 25 and shall be dedicated and used by the division for the
 21 26 provision of continued and expanded interpretation services.
 21 27    4.  PERSONS WITH DISABILITIES DIVISION
 21 28    For salaries, support, maintenance, miscellaneous purposes,
 21 29 and for not more than the following full-time equivalent
 21 30 positions:  
 21 31 .................................................. $     57,206
 21 32 ................................................FTEs        1.0
 21 33    5.  LATINO AFFAIRS DIVISION
 21 34    For salaries, support, maintenance, miscellaneous purposes,
 21 35 and for not more than the following full-time equivalent
 22  1 positions:  
 22  2 .................................................. $     97,207
 22  3 ............................................... FTEs       2.00
 22  4    6.  STATUS OF WOMEN DIVISION
 22  5    For salaries, support, maintenance, miscellaneous purposes,
 22  6 and for not more than the following full-time equivalent
 22  7 positions:  
 22  8 .................................................. $    390,486
 22  9 ............................................... FTEs       4.50
 22 10    a.  Of the funds appropriated in this subsection, at least
 22 11 $125,775 shall be spent for the displaced homemaker program.
 22 12    b.  Of the funds appropriated in this subsection, at least
 22 13 $42,570 shall be spent for domestic violence and sexual
 22 14 assault-related grants.
 22 15    c.  Of the funds appropriated in this subsection, at least
 22 16 $41,297 shall be spent for the mentoring project for family
 22 17 investment program participants developed in accordance with
 22 18 section 239.22.
 22 19    7.  STATUS OF AFRICAN-AMERICANS DIVISION
 22 20    For salaries, support, maintenance, miscellaneous purposes,
 22 21 and for not more than the following full-time equivalent
 22 22 positions:  
 22 23 .................................................. $     99,301
 22 24 ............................................... FTEs       2.00
 22 25    8.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
 22 26    For salaries, support, maintenance, miscellaneous purposes,
 22 27 and for not more than the following full-time equivalent
 22 28 positions:  
 22 29 .................................................. $    459,523
 22 30 ............................................... FTEs      10.05
 22 31    a.  The criminal and juvenile justice planning advisory
 22 32 council and the juvenile justice advisory council shall
 22 33 coordinate their efforts in carrying out their respective
 22 34 duties relative to juvenile justice.
 22 35    b.  Of the funds appropriated in this subsection, at least
 23  1 $36,300 shall be spent for expenses relating to the
 23  2 administration of federal funds for juvenile assistance.  It
 23  3 is the intent of the general assembly that the department of
 23  4 human rights employ sufficient staff to meet the federal
 23  5 funding match requirements established by the federal office
 23  6 for juvenile justice delinquency prevention.  The governor's
 23  7 advisory council on juvenile justice shall determine the
 23  8 staffing level necessary to carry out federal and state
 23  9 mandates for juvenile justice.
 23 10    9.  COMMUNITY GRANT FUND
 23 11    For the community grant fund established under section
 23 12 232.190 for new grants and the continuation of existing grants
 23 13 for the fiscal year beginning July 1, 1995, and ending June
 23 14 30, 1996, to be used for the purposes of the community grant
 23 15 fund:  
 23 16 .................................................. $  1,800,000
 23 17    New grant proposals and continuation grant recipients shall
 23 18 demonstrate community collaboration, not merely disbursements
 23 19 of funds to various organizations, and shall show significant
 23 20 progress toward achieving objectives set forth in the proposal
 23 21 such as process and impact evaluation objectives, including
 23 22 objectives related to the number of persons served.  Letters
 23 23 of support shall include specific commitments and shall be
 23 24 binding.
 23 25    10.  SHARED STAFF.  Except for the persons with
 23 26 disabilities division which shall be administered by the
 23 27 director of the department of human rights, the divisions of
 23 28 the department of human rights shall retain their individual
 23 29 administrators, but shall share staff to the greatest extent
 23 30 possible.
 23 31    Sec. 7.  COMMISSION OF VETERANS AFFAIRS.  There is
 23 32 appropriated from the general fund of the state to the
 23 33 commission of veterans affairs for the fiscal year beginning
 23 34 July 1, 1995, and ending June 30, 1996, the following amounts,
 23 35 or so much thereof as is necessary, to be used for the
 24  1 purposes designated:
 24  2    1.  COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
 24  3    For salaries, support, maintenance, and miscellaneous
 24  4 purposes, and for not more than the following full-time
 24  5 equivalent positions:  
 24  6 .................................................. $    213,107
 24  7 ............................................... FTEs       5.00
 24  8    The commission of veterans affairs may use the gifts
 24  9 accepted by the chairperson of the commission of veterans
 24 10 affairs, or designee, and other resources available to the
 24 11 commission for use at its Camp Dodge office.  The commission
 24 12 shall report annually to the governor and the general assembly
 24 13 on monetary gifts received by the commission for the Camp
 24 14 Dodge office.
 24 15    2.  WAR ORPHANS
 24 16    For the war orphans educational aid fund established
 24 17 pursuant to chapter 35:  
 24 18 .................................................. $      4,800
 24 19    3.  IOWA VETERANS HOME
 24 20    For salaries, support, maintenance, and miscellaneous
 24 21 purposes and for not more than the following full-time
 24 22 equivalent positions:  
 24 23 .................................................. $ 37,795,008
 24 24 ............................................... FTEs     803.62
 24 25    a.  The Iowa veterans home may use the gifts accepted by
 24 26 the chairperson of the commission of veterans affairs and
 24 27 other resources available to the commission for use at the
 24 28 Iowa veterans home.
 24 29    b.  If medical assistance revenues are expanded at the Iowa
 24 30 veterans home, and this expansion results in medical
 24 31 assistance reimbursements which exceed the amount budgeted for
 24 32 that purpose in the fiscal year beginning July 1, 1995, and
 24 33 ending June 30, 1996, the Iowa veterans home may expend the
 24 34 excess amounts to exceed the number of full-time equivalent
 24 35 positions authorized in this section for the purpose of
 25  1 meeting related certification requirements or to provide
 25  2 additional beds.  The expenditure of additional funds
 25  3 received, as outlined in this paragraph, is subject to the
 25  4 approval by the department of management.
 25  5    Sec. 8.  DEPARTMENT OF HUMAN RIGHTS &endash; ADMINISTRATIVE
 25  6 STRUCTURE.  The divisions of the department of human rights
 25  7 shall study options for transferring the responsibilities of
 25  8 the department into other agencies of state government, should
 25  9 the department of human rights be eliminated at the
 25 10 commencement of the fiscal year beginning July 1, 1996.  The
 25 11 goal of the shift of the administrative responsibilities of
 25 12 the divisions is to eliminate duplication and increase
 25 13 efficiency while maintaining the advocacy responsibilities of
 25 14 the divisions.  The study shall include advantages and
 25 15 disadvantages of any proposed options.  The divisions shall
 25 16 report the study findings to the governor and the general
 25 17 assembly on or before December 15, 1995.  The study shall
 25 18 include the following:
 25 19    1.  The community action agencies division shall identify
 25 20 the most appropriate state agencies as options for relocation
 25 21 for administrative efficiency.
 25 22    2.  The deaf services division shall plan for becoming a
 25 23 separate department of state government.
 25 24    3.  The Iowa state civil rights commission and the
 25 25 divisions of persons with disabilities, Latino affairs, and
 25 26 the status of African-Americans shall plan for incorporating
 25 27 the divisions' functions into the commission.
 25 28    4.  The division on the status of women and the director of
 25 29 the department of economic development shall plan for
 25 30 incorporating the division into the department.
 25 31    5.  The criminal and juvenile justice planning division
 25 32 shall consult with the office of the attorney general and the
 25 33 governor's substance abuse coordinator to identify the most
 25 34 appropriate state agency to which the division would relocate.
 25 35    Sec. 9.  Section 216A.2, Code 1995, is amended to read as
 26  1 follows:
 26  2    216A.2  APPOINTMENT OF DEPARTMENT DIRECTOR AND
 26  3 ADMINISTRATORS.
 26  4    The governor shall appoint a director of the department of
 26  5 human rights, subject to confirmation by the senate.  The
 26  6 department director shall serve at the pleasure of the
 26  7 governor.  The department director shall:
 26  8    1.  Establish general operating policies for the department
 26  9 to provide general uniformity among the divisions while
 26 10 providing for necessary flexibility.
 26 11    2.  Receive budgets submitted by each commission and
 26 12 reconcile the budgets among the divisions.  The department
 26 13 director shall submit a budget for the department, subject to
 26 14 the budget requirements pursuant to chapter 8.
 26 15    3.  Coordinate and supervise personnel services and shared
 26 16 administrative support services to assure maximum support and
 26 17 assistance to the divisions.
 26 18    4.  Identify and, with the chief administrative officers of
 26 19 each division, facilitate the opportunities for consolidation
 26 20 and efficiencies within the department.
 26 21    5.  In cooperation with the commissions, make
 26 22 recommendations to the governor regarding the appointment of
 26 23 the administrator of each division.
 26 24    6.  Serve as an ex officio member of all commissions or
 26 25 councils within the department.
 26 26    7.  Serve as chairperson of the human rights
 26 27 administrative-coordinating council.
 26 28    8.  Evaluate each administrator, after receiving
 26 29 recommendations from the appropriate commissions or councils,
 26 30 and submit a written report of the completed evaluations to
 26 31 the governor and the appropriate commissions or councils,
 26 32 annually.
 26 33    9.  Administer the division of persons with disabilities.
 26 34    The governor shall appoint the administrators of each of
 26 35 the divisions, except for the division of persons with
 27  1 disabilities, subject to confirmation by the senate.  Each
 27  2 administrator shall serve at the pleasure of the governor and
 27  3 is exempt from the merit system provisions of chapter 19A.
 27  4 The governor shall set the salary of the division
 27  5 administrators within the ranges set by the general assembly.
 27  6    Sec. 10.  Section 216A.71, subsection 1, Code 1995, is
 27  7 amended to read as follows:
 27  8    1.  "Administrator" means the administrator of the division
 27  9 of persons with disabilities of the department of human
 27 10 rights.
 27 11    Sec. 11.  Section 216A.112, unnumbered paragraph 1, Code
 27 12 1995, is amended to read as follows:
 27 13    A commission on the deaf is established, consisting of
 27 14 seven members appointed by the governor, subject to confirma-
 27 15 tion by the senate.  Lists of nominees for appointment to
 27 16 membership on the commission may be submitted by the Iowa
 27 17 association of the deaf, the Iowa state registry of
 27 18 interpreters for the deaf, the Iowa school for the deaf, and
 27 19 the commission of persons with disabilities.  At least four
 27 20 members shall be persons who are deaf and who cannot hear
 27 21 human speech with or without use of amplification and at least
 27 22 one member who is hard-of-hearing.  All members shall reside
 27 23 in Iowa.  The members of the commission shall appoint the
 27 24 chairperson of the commission.  A majority of the members of
 27 25 the commission constitutes a quorum.  
 27 26 HF 530
 27 27 cl/pk/25
     

Text: HF00529                           Text: HF00531
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