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PAG LIN 1 1 DIVISION I 1 2 REVERSIONS 1 3 Section 1. Section 8.62, Code 1995, is amended to read as 1 4 follows: 1 5 8.62 USE OF REVERSIONS. 1 6 1. For the purposes of this section, "operational 1 7 appropriation" means an appropriation from the general fund of 1 8 the state providing for salary, support, administrative 1 9 expenses, or other personnel-related costs. 1 10 2. Notwithstanding the provisions of section 8.33 or any 1 11 other provision of law to the contrary, if on June 30 ofthea 1 12 fiscalyears ending in 1995 and 1996year, a balance of an 1 13 operational appropriation remains unexpended or unencumbered, 1 14 not more than fifty percent of the balance may be encumbered 1 15 by the agency to which the appropriation was made and used as 1 16 provided in this section and the remaining balance shall be 1 17 deposited in the cash reserve fund created in section 8.56. 1 18 Moneys encumbered under this section shall only be used by the 1 19 agency during the succeeding fiscal year for employee training 1 20 and for technology enhancement. Unused moneys encumbered 1 21 under this section shall be deposited in the cash reserve fund 1 22 on June 30 of the succeeding fiscal year. 1 23 3. On or before June 30,1996 and 1997of the fiscal year 1 24 following the fiscal year in which funds were encumbered under 1 25 this section, an agency encumbering funds under this section 1 26 shall report to the joint appropriations subcommittee which 1 27 recommends funding for the agency, the legislative fiscal 1 28 bureau, the department of management, and the legislative 1 29 fiscal committee of the legislative council detailing how the 1 30 moneys were expended. Moneys shall not be encumbered under 1 31 this section from an appropriation which received a transfer 1 32 from another appropriation pursuant to section 8.39. 1 33 4. This section is repealed on September 1,19971999. 1 34 Sec. 2. 1996 Iowa Acts, House File 2114, section 2, is 1 35 amended by adding the following new unnumbered paragraph: 2 1 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 2 2 moneys appropriated in this section which remain unexpended or 2 3 unobligated at the close of the fiscal year shall not revert 2 4 to the general fund of the state but shall remain available 2 5 for expenditure in the succeeding fiscal year. 2 6 Sec. 3. EFFECTIVE DATE. Section 2 of this division of 2 7 this Act, amending 1996 Iowa Acts, House File 2114, section 2, 2 8 being deemed of immediate importance, takes effect upon 2 9 enactment. 2 10 DIVISION II 2 11 EDUCATION PROVISIONS 2 12 Sec. 4. Section 261.12, Code Supplement 1995, is amended 2 13 by adding the following new subsection: 2 14 NEW SUBSECTION. 1A. The amount of a tuition grant to a 2 15 qualified full-time student for the summer semester or 2 16 trimester equivalent shall be one-half the amount of the 2 17 tuition grant the student receives under subsection 1. 2 18 Sec. 5. Section 261.12, subsection 2, Code Supplement 2 19 1995, is amended to read as follows: 2 20 2. The amount of a tuition grant to a qualified part-time 2 21 student enrolled in a course of study including at least three 2 22 semester hours but fewer than twelve semester hours for the 2 23 fall,andspring, and summer semesters, or the trimester or 2 24 quarter equivalent, shall be equal to the amount of a tuition 2 25 grant that would be paid to a full-time student times a number 2 26 which represents the number of hours in which the part-time 2 27 student is actually enrolled divided by twelve semester hours, 2 28 or the trimester or quarter equivalent. 2 29 Sec. 6. Section 261.13, Code 1995, is amended to read as 2 30 follows: 2 31 261.13 ANNUAL GRANT. 2 32 A tuition grant may be made annually forboththe fall,and2 33 spring, and summer semesters or the trimester equivalent. 2 34 Payments under the grant shall be allocated equally among the 2 35 semesters or trimesters and shall be paid at the beginning of 3 1 each semester or trimester upon certification by the 3 2 accredited private institution that the student is admitted 3 3 and in attendance. If the student discontinues attendance 3 4 before the end of any semester or trimester after receiving 3 5 payment under the grant, the entire amount of any refund due 3 6 that student, up to the amount of any payments made under the 3 7 annual grant, shall be paid by the accredited private 3 8 institution to the state. 3 9 Sec. 7. Section 279.51, subsection 1, unnumbered paragraph 3 10 1, Code Supplement 1995, is amended to read as follows: 3 11 There is appropriated from the general fund of the state to 3 12 the department of education for the fiscal year beginning July 3 13 1,19901996, and each succeeding fiscal year, the sum of 3 14eightfourteen millionsevenfive hundred twenty thousand 3 15 dollars.For each fiscal year beginning on or after July 1,3 161995, there is appropriated the sum which was appropriated for3 17the fiscal year commencing July 1, 1994.3 18 Sec. 8. Section 279.51, subsection 1, paragraphs b, c, d, 3 19 e, and f, Code Supplement 1995, are amended to read as 3 20 follows: 3 21 b. For the fiscal year beginning July 1,19901996,four3 22million six hundred twenty-five thousand dollars,and for each 3 23 succeeding fiscal yearthereafter,sixseven milliononesix 3 24 hundredtwenty-fiveseventy thousand dollars of the funds 3 25 appropriated shall be allocated to the child development 3 26 coordinating council established in chapter 256A for the 3 27 purposes set out in subsection 2 of this section and section 3 28 256A.3. 3 29 c. For each of the fiscal years during the fiscal period 3 30 beginning July 1,19941996, and ending June 30, 1998, two 3 31 million eight hundred thousand dollars of the funds 3 32 appropriated shall be allocated for the school-based youth 3 33 services education program established in subsection 3. For 3 34 each of the fiscal years during the fiscal period beginning 3 35 July 1, 1994, and ending June 30, 1998, twenty thousand 4 1 dollars of the funds allocatedunderin this paragraph shall 4 2 be expended for staff development, research, and the 4 3 development of strategies for coordination with community- 4 4 based youth organizations and agencies. A school that 4 5 received a grant during the fiscal year beginning July 1, 4 6 1993, is ineligible to receive a grant under this paragraph. 4 7 Subject to the approval of the state board of education, the 4 8 allocation made in this paragraph may be renewed for 4 9 additional four-year periods of time. 4 10 d. For the fiscal year beginning July 1,19901996,three4 11million dollars,and for each fiscal year thereafter,four4 12 three million five hundred thousand dollars of the funds 4 13 appropriated shall be allocated as grants to school districts 4 14 that have elementary schools that demonstrate the greatest 4 15 need for programs for at-risk students with preference given 4 16 to innovative programs for the early elementary school years. 4 17 The grant allocations made in this paragraph may be renewed 4 18 for additional periods of time. Of the amount allocated under 4 19 this paragraph for each fiscal year, seventy-five thousand 4 20 dollars shall be allocated to school districts which have an 4 21 actual student population of ten thousand or less and have an 4 22 actual non-English speaking student population which 4 23 represents greater than five percent of the total actual 4 24 student population for grants to elementary schools in those 4 25 districts. 4 26e. Additional funds available under this subsection as a4 27result of additional growth provided to the appropriation in4 28subsection 1 shall be distributed equally between paragraphs4 29"b" and "d".4 30f.e.ForNotwithstanding paragraph "c", for each of the 4 31 fiscal years during the fiscal period beginning July 1, 1994, 4 32 and ending June 30, 1998, fifty thousand dollars of the funds 4 33appropriatedallocated in paragraph "c" shall be granted to 4 34 each of the four schools that received grants under subsection 4 35 3 during the fiscal year beginning July 1, 1993, to allow for 5 1 expansion and to include identified minimum services if the 5 2 school submits a program plan pursuant to subsection 3. 5 3 Sec. 9. Section 279.51, subsection 1, paragraph g, Code 5 4 Supplement 1995, is amended by striking the paragraph and 5 5 inserting in lieu thereof the following: 5 6 g. Notwithstanding section 256A.3, subsection 6, of the 5 7 amount appropriated in this subsection for the fiscal year 5 8 beginning July 1, 1996, and for each succeeding fiscal year, 5 9 two and one-fourth percent may be used for administrative 5 10 costs. Any reduction of an allocation under this subsection 5 11 as necessary to fund the provisions of this paragraph shall be 5 12 made from the allocation in paragraph "b". 5 13 Sec. 10. Section 279.51, subsection 1, unnumbered 5 14 paragraphs 3 and 4, Code Supplement 1995, are amended by 5 15 striking the unnumbered paragraphs. 5 16 DIVISION III 5 17 CLAIMS AGAINST THE STATE 5 18 Sec. 11. CLAIMS APPROPRIATION. There is appropriated from 5 19 the general fund of the state for the fiscal year beginning 5 20 July 1, 1995, and ending June 30, 1996, to the following 5 21 persons the indicated amount in full settlement of the claim 5 22 filed by the person against the state of Iowa: 5 23 1. To Gordon Eklund for claim number G95-1326, relating to 5 24 an agricultural land credit refund: 5 25 .................................................. $ 22,697.00 5 26 2. To William Broeker for claim number G95-2940, relating 5 27 to a license refund: 5 28 .................................................. $ 114.00 5 29 3. To Ann and Bill Broeker for claim number G95-2941, 5 30 relating to a license refund: 5 31 .................................................. $ 85.36 5 32 4. To Clyde Dalbey for a claim relating to an individual 5 33 income tax refund: 5 34 .................................................. $ 1,922.39 5 35 5. To Cecil Travis of Ankeny for a claim relating to a 6 1 mobile home use tax refund: 6 2 .................................................. $ 420.00 6 3 Sec. 12. DISAPPROVAL OF CLAIMS. The general assembly 6 4 disapproves of all other claims submitted and considered by 6 5 the claims committees of the senate and house of 6 6 representatives as of April 22, 1996. 6 7 Sec. 13. EFFECTIVE DATE. This division of this Act, being 6 8 deemed of immediate importance, takes effect upon enactment. 6 9 DIVISION IV 6 10 LOTTERY TRANSFER 6 11 Sec. 14. EXCESS LOTTERY REVENUES – FISCAL YEAR 1994-1995. 6 12 Of the lottery revenues received during the fiscal year 6 13 beginning July 1, 1994, which remain in the lottery fund 6 14 following the transfers made pursuant to 1995 Iowa Acts, 6 15 chapter 220, section 16, the following amounts are 6 16 appropriated for use during the fiscal period beginning July 6 17 1, 1996, and ending June 30, 1998, as follows: 6 18 1. To the Iowa agricultural development authority to 6 19 support the establishment of an agri-entrepreneurship 6 20 education project to provide beginning agriculturists with an 6 21 opportunity to gain experience in owning or operating 6 22 agriculture-related businesses through enterpreneurship loans 6 23 to future farmers of America chapters or other organizations 6 24 administering secondary education-related agricultural 6 25 programs: 6 26 .................................................. $ 100,000 6 27 2. To the department of education for contracting with the 6 28 Iowa alliance for arts education to execute the local arts 6 29 comprehensive educational strategies program: 6 30 .................................................. $ 125,000 6 31 3. To the department of natural resources, to be combined 6 32 with local matched funding of two dollars for every one state 6 33 dollar, for repair and replacement costs associated with the 6 34 spillway at Hickory Grove lake: 6 35 .................................................. $ 150,000 7 1 4. To the department of elder affairs for transfer to the 7 2 Hawkeye area agency on aging to be used for a grant for a 7 3 summer youth program: 7 4 .................................................. $ 10,000 7 5 5. To the department of cultural affairs to be used for 7 6 restoration of the Louis Sullivan building in Algona: 7 7 .................................................. $ 25,000 7 8 6. To the department of agriculture and land stewardship 7 9 for support of the Iowa cooperative foundation: 7 10 .................................................. $ 100,000 7 11 The moneys appropriated in this subsection shall be 7 12 utilized for purposes of providing information, technical 7 13 assistance, coordination, and legal advice to groups of 7 14 farmers who desire to create a value-added cooperative. The 7 15 primary goal shall be to assist the successful development of 7 16 such cooperatives while minimizing the risks to the farmers 7 17 involved. 7 18 7. To the state board of regents for an addition to the 7 19 Iowa lakeside laboratory for costs of fixing a sewage line, 7 20 expanding a phone system, and installing a natural gas 7 21 pipeline: 7 22 .................................................. $ 70,000 7 23 8. To the department of economic development, in 7 24 consultation with the department of cultural affairs, to be 7 25 used for community grants related to historical and cultural 7 26 preservation, including projects involving railroads, and 7 27 related to the Iowa Sesquicentennial: 7 28 .................................................. $ 250,000 7 29 Not more than $50,000 shall be provided for any community 7 30 grant. 7 31 9. To the department of natural resources to be used for 7 32 grants to communities for purchase or replacement of 7 33 playground equipment: 7 34 .................................................. $ 250,000 7 35 10. To the department of transportation to be used for a 8 1 grant to Boone county for costs associated with paving of 8 2 Arboretum road: 8 3 .................................................. $ 50,000 8 4 11. To the department of natural resources, to be combined 8 5 with local matching funding of two dollars for every one state 8 6 dollar, for the costs of dredging at Crystal lake in Hancock 8 7 county: 8 8 .................................................. $ 200,000 8 9 12. To the department of natural resources for purposes of 8 10 continuing natural lake preservation efforts: 8 11 .................................................. $ 100,000 8 12 The department shall award the amount transferred in this 8 13 subsection to a city as defined in section 362.2. The 8 14 department shall award the amount on a matching basis with the 8 15 department contributing one dollar for each one dollar 8 16 dedicated by the city, or the city acting in conjunction with 8 17 a county, regardless of the source from which the city or 8 18 county obtains the money, for the continuation of natural lake 8 19 preservation efforts, if the city or county has previously 8 20 received state funding for such purposes. However, the city, 8 21 or the city and county, must have dedicated at least $100,000 8 22 of local funds in order to qualify for the award. The city 8 23 must also be located in a county having a population of less 8 24 than 12,000. 8 25 13. To the department of education for continuation of a 8 26 grant to Southeast Polk community school district to implement 8 27 an interagency coalition strategy combining education, health, 8 28 and social services in addressing the problems of children and 8 29 families through school-linked services: 8 30 .................................................. $ 60,000 8 31 14. To the department of human services to be used for 8 32 grants as provided in this subsection: 8 33 .................................................. $ 100,000 8 34 The funds appropriated in this subsection shall be used for 8 35 grants to community or regional groups to develop at least 9 1 five regional demonstration projects for youth between the 9 2 ages of 13 and 17, to develop specific vocational skills 9 3 through work-based learning experiences, with job placement as 9 4 the ultimate goal. The programs shall include activities 9 5 which assist the participant in developing basic academic, 9 6 training, personal, interpersonal, and other occupational 9 7 skills. Grants shall be awarded in a manner so that the 9 8 projects are geographically representative of the state and 9 9 are located in both rural and urban areas. 9 10 15. To the department of natural resources to be used for 9 11 grants to assist local communities with removal of waste tires 9 12 from facilities located within a city's limits: 9 13 .................................................. $ 150,000 9 14 16. To the community grant fund established under section 9 15 232.190, to be allocated by the division of criminal and 9 16 juvenile justice planning of the department of human rights 9 17 for a grant to an urban facility whose primary function is to 9 18 provide shelter services for runaways ages 11 through 17: 9 19 .................................................. $ 150,000 9 20 17. To the department of cultural affairs for a grant to 9 21 be combined with local match funding of one dollar for every 9 22 one state dollar to be used for the Heartland Discovery 9 23 Center: 9 24 .................................................. $ 100,000 9 25 18. To the department of natural resources for purposes of 9 26 creating, improving, or enhancing recreational opportunities 9 27 directly related to the restoration and development of lake 9 28 Ahquabi and related facilities: 9 29 .................................................. $ 100,000 9 30 19. To the department of economic development for a grant 9 31 for completion of the Cherokee area rural economic development 9 32 center in Cherokee: 9 33 .................................................. $ 150,000 9 34 Notwithstanding section 8.33, moneys appropriated in 9 35 accordance with this section shall not revert to the lottery 10 1 fund at the close of the fiscal year beginning July 1, 1996, 10 2 but shall remain available for expenditure for the purposes 10 3 designated. Unless otherwise provided in this section, moneys 10 4 appropriated in this section which remain unobligated or 10 5 unexpended for the purpose designated shall revert at the 10 6 close of the succeeding fiscal year. 10 7 Sec. 15. EXCESS LOTTERY REVENUES – FISCAL YEAR 1995-1996. 10 8 Notwithstanding 1995 Iowa Acts, chapter 220, section 15, of 10 9 the lottery revenues remaining after $42,200,000 is 10 10 transferred and credited to the general fund of the state 10 11 during the fiscal year beginning July 1, 1995, the following 10 12 amounts shall be transferred and appropriated in descending 10 13 priority order for use during the fiscal period beginning July 10 14 1, 1995, and ending June 30, 1998, as follows: 10 15 1. To the treasurer of state for the continued funding of 10 16 Iowa's participation in the funding of the world food prize: 10 17 .................................................. $ 250,000 10 18 It is the intent of the general assembly that this 10 19 appropriation of public funds will result in a commitment for 10 20 additional funding for the world food prize from private 10 21 sources. 10 22 The treasurer of state shall only provide the funds 10 23 appropriated in this section to the world food prize 10 24 foundation if sufficient private funds are raised to maintain 10 25 the world food prize foundation in Iowa and the foundation is 10 26 structured to include representation that reflects 10 27 environmental concerns and sustainable agriculture. 10 28 2. To the department of natural resources for a grant to 10 29 the city of Sioux City for expenses associated with the Perry 10 30 creek flood control and greenway project: 10 31 .................................................. $ 100,000 10 32 3. To the department of cultural affairs for design and 10 33 construction of a gothic house visitors center in Eldon, Iowa: 10 34 .................................................. $ 200,000 10 35 4. To the department of natural resources to be used for a 11 1 grant to a city with a population of more than 200,000 to be 11 2 used for costs associated with the development of the 11 3 Riverview Nature Island environmental education project: 11 4 ................................................... $ 50,000 11 5 5. To the Iowa department of public health for the period 11 6 beginning July 1, 1996, and ending June 30, 1998, to be used 11 7 for purposes of supporting a program to assist counties in 11 8 testing private wells and waters of the state for pollution 11 9 caused by confinement feeding operations: 11 10 .................................................. $ 50,000 11 11 From moneys appropriated in this subsection, the department 11 12 shall support testing programs administered by counties which 11 13 may submit an application to the department to participate in 11 14 the state assistance program, as provided by the department. 11 15 The county shall perform testing within a test area. As used 11 16 in this subsection, "test area" means an area within a two- 11 17 mile radius of any structure used to store manure which is 11 18 part of a confinement feeding operation. Iowa state 11 19 university of science and technology shall adopt necessary 11 20 standards, protocols, and criteria for testing by counties. 11 21 The program shall be administered within each participating 11 22 county by the county's board of health or the board's 11 23 designee. The testing may be performed with volunteer 11 24 assistance. However, all testing shall be performed under the 11 25 supervision of a county official. The samples of the testing 11 26 shall be analyzed by the state hygienic laboratory at the 11 27 state university of Iowa. All moneys available under this 11 28 subsection shall only be used for the following purposes: 11 29 a. Analyzing test samples by the state hygienic 11 30 laboratory. 11 31 b. Performing tests by counties. However, not more than 11 32 $50 of the moneys available to a county under this subsection 11 33 shall be used to pay for administering testing by the county 11 34 within any test area, including labor and equipment costs, 11 35 regardless of the number of tests performed by the county 12 1 within the test area. 12 2 6. To the department of cultural affairs to be used for 12 3 trail development at Blood Run national historic landmark: 12 4 .................................................. $ 75,000 12 5 7. To the department of economic development for operation 12 6 and support of the Dows welcome center: 12 7 .................................................. $ 5,000 12 8 8. To the state department of transportation for the city 12 9 of Durant to construct a curb on highway 927: 12 10 .................................................. $ 100,000 12 11 9. To the department of economic development for operation 12 12 and support of the north and south gateway welcome centers on 12 13 I-35: 12 14 .................................................. $ 20,000 12 15 10. To the department of cultural affairs for the 12 16 restoration of the Heisermann memorial library in West Union: 12 17 .................................................. $ 100,000 12 18 Funds under this subsection shall be available upon a local 12 19 match of two dollars for each one dollar of state moneys. 12 20 11. For the renovation of historical electric cars and the 12 21 payment of renovation expenses incurred by the Mason City- 12 22 Clear Lake electric trolley railroad historical society 12 23 conditioned upon $75,000 in local matching funds being raised: 12 24 .................................................. $ 100,000 12 25 12. To the department of education for allocation to 12 26 Hawkeye community college for purposes of renovating the 12 27 Martin Luther King building for use as an urban center with 12 28 classrooms to prepare students for the workplace or to pursue 12 29 postsecondary education: 12 30 .................................................. $ 100,000 12 31 13. To the department of economic development for a grant 12 32 to America's agricultural/industrial heritage landscape, inc. 12 33 for purchase, continued rehabilitation, and development of 12 34 tourist information services at the national heritage 12 35 orientation center and public market: 13 1 .................................................. $ 100,000 13 2 It is the intent of the general assembly that the project 13 3 funded under this subsection which is located at the former 13 4 Chicago great western railway freight station shall continue 13 5 to serve as a pilot project for comprehensive regional 13 6 economic development through agricultural heritage tourism. 13 7 14. To the department of cultural affairs for a grant to 13 8 be combined with local match funding of one dollar for every 13 9 one state dollar to be used for an area science center in Iowa 13 10 City: 13 11 .................................................. $ 25,000 13 12 15. To the department of cultural affairs for a grant to 13 13 be combined with local match funding of two dollars for every 13 14 one state dollar to be used for costs associated with 13 15 establishment of the Iowa fire fighters memorial: 13 16 .................................................. $ 50,000 13 17 16. To the department of commerce for the insurance 13 18 division to continue the senior health insurance information 13 19 program: 13 20 .................................................. $ 75,000 13 21 17. To the department of elder affairs for the older 13 22 Iowans' legislature: 13 23 .................................................. $ 15,000 13 24 18. To the department of natural resources for testing of 13 25 animal feeding operations and their structures, in accordance 13 26 with this subsection: 13 27 .................................................. $ 185,000 13 28 The department of natural resources shall utilize the 13 29 moneys appropriated in this subsection to perform testing of 13 30 animal feeding operations and their structures, including 13 31 confinement feeding operations and confinement feeding 13 32 operation structures all as defined in section 455B.161, and 13 33 manure management and disposal systems used by such 13 34 operations. The operations and their structures or systems 13 35 must have been constructed or installed on or before July 1, 14 1 1985. The testing shall be for the purpose of determining the 14 2 extent to which operations and their structures and manure 14 3 management and disposal systems contribute to point and 14 4 nonpoint contamination of the state's groundwater and surface 14 5 water. A person owning or operating an animal feeding 14 6 operation may cooperate with the department in carrying out 14 7 this subsection. The identity of the animal feeding 14 8 operations shall be confidential and not subject to chapter 14 9 22. The findings of the testing shall not be used in a case 14 10 or proceeding brought against a person based upon a violation 14 11 of state law. The department shall report its findings and 14 12 recommendations to the general assembly not later than January 14 13 15, 1998. 14 14 Notwithstanding section 8.33, moneys transferred and 14 15 appropriated in accordance with this section shall not revert 14 16 at the close of the fiscal years beginning July 1, 1995, and 14 17 July 1, 1996, but shall remain available for expenditure for 14 18 the purposes designated. Unless otherwise provided in this 14 19 section, moneys transferred in this section which remain 14 20 unobligated or unexpended for the purpose designated shall 14 21 revert at the close of the fiscal year beginning July 1, 1997, 14 22 and ending June 30, 1998. 14 23 Sec. 16. LOTTERY REVENUE TRANSFER – FISCAL YEAR 1996- 14 24 1997. Notwithstanding the requirement in section 99E.10, 14 25 subsection 1, to transfer lottery revenue remaining after 14 26 expenses are deducted, notwithstanding the requirement under 14 27 section 99E.20, subsection 2, for the commissioner to certify 14 28 and transfer a portion of the lottery fund to the CLEAN fund, 14 29 and notwithstanding the appropriations and allocations in 14 30 section 99E.34, all lottery revenues received during the 14 31 fiscal year beginning July 1, 1996, and ending June 30, 1997, 14 32 after deductions as provided in section 99E.10, subsection 1, 14 33 and as appropriated under any Act of the Seventy-sixth General 14 34 Assembly, 1996 Session, shall not be transferred to and 14 35 deposited into the CLEAN fund but shall be transferred and 15 1 credited to the general fund of the state. 15 2 Sec. 17. Section 99E.10, subsection 1, Code 1995, is 15 3 amended by adding the following new unnumbered paragraph: 15 4 NEW UNNUMBERED PARAGRAPH. Notwithstanding any other 15 5 provision, in determining the amount of lottery revenues to be 15 6 transferred in a specific month as provided by law, not more 15 7 than one million five hundred thousand dollars may be retained 15 8 by the lottery fund. 15 9 Sec. 18. EFFECTIVE DATE. This division of this Act, being 15 10 deemed of immediate importance, takes effect upon enactment. 15 11 DIVISION V 15 12 TECHNICAL AMENDMENTS 15 13 Sec. 19. Section 88B.4, subsection 4, as enacted by 1996 15 14 Iowa Acts, House File 2308, section 4, is amended to read as 15 15 follows: 15 16 4. The permittee shall keep a recordcontaining15 17informationof each asbestos project it performs and shall 15 18 make the record available to the division at any reasonable 15 19 time. Records shall contain information and be kept for a 15 20 time prescribed in rules adopted by the division. 15 21 Sec. 20. Section 147.1, subsection 3, Code Supplement 15 22 1995, as amended by 1996 Iowa Acts, Senate File 2013, section 15 23 4, is amended to read as follows: 15 24 3. "Licensed" or "certified" when applied to a physician 15 25 and surgeon, podiatric physician, osteopath, osteopathic 15 26 physician and surgeon, physician assistant, psychologist or 15 27 associate psychologist, chiropractor, nurse, dentist, dental 15 28 hygienist, optometrist, speech pathologist, audiologist, 15 29 pharmacist, physical therapist, occupational therapist, 15 30 respiratory care practitioner, practitioner of cosmetology 15 31 arts and sciences, practitioner of barbering, funeral 15 32 director, dietitian, marital and family therapist, mental 15 33 health counselor, or social worker means a person licensed 15 34 under this subtitle, excluding chapters152B,152C,and 152D. 15 35 Sec. 21. Section 321.34, subsection 27, paragraph b, as 16 1 enacted by 1996 Iowa Acts, House File 514, section 4, is 16 2 amended to read as follows: 16 3 b. The special Iowa heritage fee for letter number 16 4 designated plates is thirty-five dollars. The special fee for 16 5 personalized Iowa heritage plates is twenty-five dollars which 16 6 shall be paid in addition to the special fee of thirty-five 16 7 dollars.The special feeThe annual special Iowa heritage fee 16 8 is ten dollars for letter number designated registration 16 9 plates and is fifteen dollars for personalized registration 16 10 plates which shall be paid in addition to the regular annual 16 11 registration fee. 16 12 Sec. 22. Section 321.34, subsection 28, paragraphs a and 16 13 b, as enacted by 1996 Iowa Acts, House File 514, section 4, 16 14 are amended by striking the paragraphs and inserting in lieu 16 15 thereof the following: 16 16 a. An owner referred to in subsection 18, upon written 16 17 application to the department, may order special registration 16 18 plates with an education emblem. The education emblem shall 16 19 be designed by the department in cooperation with the 16 20 department of education. 16 21 Sec. 23. Section 321.34, subsection 28, paragraph c, as 16 22 enacted by 1996 Iowa Acts, House File 514, section 4, is 16 23 amended to read as follows: 16 24c.b. The special school transportation fee for letter 16 25 number designated education plates is thirty-five dollars. 16 26 The fee for personalized education plates is twenty-five 16 27 dollars, which shall be paid in addition to the special school 16 28 transportation fee of thirty-five dollars. The annual special 16 29 school transportation fee is ten dollars for letter number 16 30 designated registration plates and is fifteen dollars for 16 31 personalized registration plates which shall be paid in 16 32 addition to the regular annual registration fee. The fees 16 33 collected by the director under this subsection shall be paid 16 34 monthly to the treasurer of state and credited to the road use 16 35 tax fund. Notwithstanding section 423.24, and prior to the 17 1 crediting of revenues to the road use tax fund under section 17 2 423.24, subsection 1, paragraph "d", the treasurer of state 17 3 shall transfer monthly from those revenues to the school 17 4 budget review committee in accordance with section 257.31, 17 5 subsection1617, the amount of the special school 17 6 transportation fees collected in the previous month for the 17 7 education plates. 17 8 Sec. 24. Section 321.34, subsection 28, paragraph d, as 17 9 enacted by 1996 Iowa Acts, House File 514, section 4, is 17 10 amended by striking the paragraph. 17 11 Sec. 25. Section 321.166, subsection 2, Code 1995, as 17 12 amended by 1996 Iowa Acts, Senate File 2266, section 7, is 17 13 amended to read as follows: 17 14 2. Every registration plate or pair of plates shall 17 15 display a registration plate number which shall consist of 17 16 alphabetical or numerical characters or a combination thereof 17 17 and the name of this state, which may be abbreviated. Every 17 18 registration plate issued by the county treasurer shall 17 19 display the name of the county including any plate issued 17 20 pursuant to section 321.34, except Pearl Harbor,and purple 17 21 heart registration plates issued prior to January 1, 1997, and 17 22 collegiate, fire fighter, and congressional medal of honor 17 23 registration plates. Special truck registration plates shall 17 24 display the word "special". 17 25 Sec. 26. Section 321.457, subsection 2, paragraph f, Code 17 26 1995, as amended by 1996 Iowa Acts, House File 2066, section 17 27 1, is amended to read as follows: 17 28 f. A motor vehicle or combination of vehicles may be 17 29 operated upon the highways of this state, irrespective of the 17 30 length and weight limitations imposed by the laws of this 17 31 state, if the motor vehicle or combination of vehicles is 17 32 operated within the corporate limits of a city abutting a 17 33 border of this state and such operations have been approved by 17 34 ordinance of the city council and if the length and weight of 17 35 the motor vehicle or combination of vehicles is in conformity 18 1 with the laws relating to length and weight of the abutting 18 2 state. If a city council has authorized such operation upon 18 3 highways within the corporate limits, then the limit of travel 18 4 for such motor vehicles or combination of vehicles within the 18 5 state is extended to the commercial zones as described by 18 6 federal regulations concerning interstate commerce, 49 C.F.R. 18 7 } 1048.101 and to the interstate system as provided in 23 18 8 U.S.C. } 127 and 49 U.S.C. } 31112(c), as amended by1995Pub. 18 9 L. No. 104-59. 18 10 Sec. 27. Section 422.5, subsection 1, paragraph j, sub- 18 11 paragraph (2), subparagraph subdivision (b), if enacted by 18 12 1996 Iowa Acts, Senate File 2449, is amended to read as 18 13 follows: 18 14 (b) This subparagraph shall not affect the amount of the 18 15 taxpayer's checkoff to the Iowa election campaign fund under 18 16 section 56.18, the checkoff for the fish and game fund in 18 17 section107.16456A.16, the credits from tax provided in 18 18 sections 422.10, 422.11A, and 422.12 and the allocation of 18 19 these credits between spouses if the taxpayers filed separate 18 20 returns or separately on combined returns. 18 21 Sec. 28. Section 533.4, subsection 1, Code 1995, as 18 22 amended by 1996 Iowa Acts, Senate File 376, section 1, is 18 23 amended to read as follows: 18 24 1. Receive from its members, nonmembers as prescribed by 18 25 rule where the credit union is serving predominantly low- 18 26 income members, other credit unions, and federal, state, 18 27 county, and city governments,aspayments on shares or as 18 28 deposits. Rules adopted allowing nonmember deposits in credit 18 29 unions serving predominantly low-income members shall be 18 30 designed solely to meet the needs of the low-income members. 18 31 Sec. 29. Section 542B.27, as enacted by 1996 Iowa Acts, 18 32 House File 2318, section 2, is amended to read as follows: 18 33 542B.27 CIVIL PENALTY. 18 34 1.a.In addition to any other penalties provided for in 18 35 this section, the board may by order impose a civil penalty 19 1 upon a person who is notregisteredlicensed under this 19 2 chapter as a professional engineer or a land surveyor and who 19 3 does any of the following: 19 4(1)a. Engages in or offers to engage in the practice of 19 5 professional engineering or land surveying. 19 6(2)b. Uses or employs the words "professional engineer" 19 7 or "land surveyor", or implies authorization to provide or 19 8 offer professional engineering or land surveying services, or 19 9 otherwise uses or advertises any title, word, figure, sign, 19 10 card, advertisement, or other symbol or description tending to 19 11 convey the impression that the person is a professional 19 12 engineer or land surveyor or is engaged in the practice of 19 13 professional engineering or land surveying. 19 14(3)c. Presents or attempts to use the certificate of 19 15registrationlicensure or the seal of a professional engineer 19 16 or land surveyor. 19 17(4)d. Gives false or forged evidence of any kind to the 19 18 board or any member of the board in obtaining or attempting to 19 19 obtain a certificate ofregistrationlicensure. 19 20(5)e. Falsely impersonates anyregisteredlicensed 19 21 professional engineer or land surveyor. 19 22(6)f. Uses or attempts to use an expired, suspended, 19 23 revoked, or nonexistent certificate ofregistrationlicensure. 19 24(7)g. Knowingly aids or abets anunregisteredunlicensed 19 25 person who engages in any activity identified in this 19 26paragraphsubsection. 19 27b.2. A civil penalty imposed shall not exceed one 19 28 thousand dollars for each offense. Each day of a continued 19 29 violation constitutes a separate offense. 19 30c.3. In determining the amount of a civil penalty to be 19 31 imposed, the board may consider any of the following: 19 32(1)a. Whether the amount imposed will be a substantial 19 33 economic deterrent to the violation. 19 34(2)b. The circumstances leading to the violation. 19 35(3)c. The severity of the violation and the risk of harm 20 1 to the public. 20 2(4)d. The economic benefits gained by the violator as a 20 3 result of noncompliance. 20 4(5)e. The interest of the public. 20 5d.4. Before issuing an order under this section, the 20 6 board shall provide the person written notice and the 20 7 opportunity to request a hearing on the record. The hearing 20 8 must be requested within thirty days of the issuance of the 20 9 notice and shall be conducted in the same manner as provided 20 10 in section 542B.22. 20 11e.5. The board, in connection with a proceeding under 20 12 thissubsectionsection, may issue subpoenas to compel the 20 13 attendance and testimony of witnesses and the disclosure of 20 14 evidence, and may request the attorney general to bring an 20 15 action to enforce the subpoena. 20 16f.6. A person aggrieved by the imposition of a civil 20 17 penalty under thissubsectionsection may seek judicial review 20 18 in accordance with section 17A.19. 20 19g.7. If a person fails to pay a civil penalty within 20 20 thirty days after entry of an order underparagraph "a"20 21 subsection 1, or if the order is stayed pending an appeal 20 22 within ten days after the court enters a final judgment in 20 23 favor of the board, the board shall notify the attorney 20 24 general. The attorney general may commence an action to 20 25 recover the amount of the penalty, including reasonable 20 26 attorney's fees and costs. 20 27h.8. An action to enforce an order under this section may 20 28 be joined with an action for an injunction. 20 29 Sec. 30. NEW SECTION. 554.8116 SECURITIES INTERMEDIARY 20 30 AS PURCHASER FOR VALUE. 20 31 A securities intermediary that receives a financial asset 20 32 and establishes a security entitlement to the financial asset 20 33 in favor of an entitlement holder is a purchaser for value of 20 34 the financial asset. A securities intermediary that acquires 20 35 a security entitlement to a financial asset from another 21 1 securities intermediary acquires the security entitlement for 21 2 value if the securities intermediary acquiring the security 21 3 entitlement establishes a security entitlement to the 21 4 financial asset in favor of an entitlement holder. 21 5 Sec. 31. Section 607A.3, subsection 2A, as enacted by 1996 21 6 Iowa Acts, Senate File 2207, section 1, is amended to read as 21 7 follows: 21 8 2A. "DisabledPerson with a disability" means a person who 21 9 is not physically able to operate a motor vehicle or use 21 10 public transportation without assistance due to a physical 21 11 disability. 21 12 Sec. 32. Section 607A.8, Code 1995, as amended by 1996 21 13 Iowa Acts, Senate File 2207, section 2, is amended to read as 21 14 follows: 21 15 607A.8 FEES AND EXPENSES FOR JURORS. 21 16 Grand jurors and petit jurors in all courts shall receive 21 17 ten dollars as compensation for each day's service or 21 18 attendance, including attendance required for the purpose of 21 19 being considered for service, reimbursement for mileage 21 20 expenses at the rate specified in section 602.1509 for each 21 21 mile traveled each day to and from their residences to the 21 22 place of service or attendance, and reimbursement for actual 21 23 expenses of parking, as determined by the clerk. A juror who 21 24 isdisableda person with a disability may receive 21 25 reimbursement for the costs of alternate transportation from 21 26 thedisabledjuror's residence to the place of service or 21 27 attendance. A juror shall not receive reimbursement for 21 28 mileage expenses or actual expenses of parking when the juror 21 29 travels in a vehicle for which another juror is receiving 21 30 reimbursement for mileage and parking expenses. 21 31 Sec. 33. Section 910A.9A, Code Supplement 1995, as amended 21 32 by 1996 Iowa Acts, Senate File 2080, section 67, is amended to 21 33 read as follows: 21 34 910A.9A NOTIFICATION BY DEPARTMENT OF HUMAN SERVICES. 21 35 The department of human services shall notify a victim 22 1 registered with the department, regarding a juvenile 22 2 adjudicated delinquent for a violent crime, committed to the 22 3 custody of the department of human services, and placed at the 22 4 state training school at Eldora or Toledo,or regarding a22 5person determined to be a sexually violent predator under22 6chapter 709C, and committed to the custody of the department22 7of human services,of the following: 22 8 1. The date on which the juvenileor sexually violent22 9predatoris expected to be temporarily released from the 22 10 custody of the department of human services, and whether the 22 11 juvenileor sexually violent predatoris expected to return to 22 12 the community where the registered victim resides. 22 13 2. The juvenile'sor the sexually violent predator's22 14 escape from custody. 22 15 3. The recommendation by the department to consider the 22 16 juvenileor sexually violent predatorfor release or 22 17 placement. 22 18 4. The date on which the juvenileor sexually violent22 19predatoris expected to be released from a facility pursuant 22 20 to a plan of placement. 22 21 Sec. 34. 1996 Iowa Acts, Senate File 2348, section 15, 22 22 subsection 1, is amended to read as follows: 22 23 1. Except as provided in subsection 2, this Act takes 22 24 effect on January 1, 1997. However, until January 1, 1998, a 22 25 person holding an inventory of packaged agricultural liming 22 26 material on January 1, 1997, may continue to sell that 22 27 inventory as labeled under chapter 201 as the chapter existed 22 28 on December 31,19971996. 22 29 Sec. 35. INSTITUTE REFERENCE. The reference to the 22 30 "institute of public leadership" in 1996 Iowa Acts, House File 22 31 2477, section 12, subsection 3, paragraph "a", if enacted, 22 32 means the Iowa institute for public leadership. 22 33 Sec. 36. 1996 Iowa Acts, House File 2306, section 1, 22 34 subsection 2, is amended to read as follows: 22 35 2. This section applies toartificial lakesBig Creek lake 23 1 from May 24, 1996, through September 2, 1996, both dates 23 2 inclusive. 23 3 Sec. 37. VERTICAL INFRASTRUCTURE TASK FORCE. 23 4 Notwithstanding the membership specified for the vertical 23 5 infrastructure definition task force as created in 1996 Iowa 23 6 Acts, House File 2421, if enacted, a representative from the 23 7 national electrical contractors association, Iowa chapter, 23 8 shall be a member of the task force rather than a 23 9 representative from the Iowa chapter, national electrical 23 10 association. 23 11 Sec. 38. 1996 Iowa Acts, Senate File 2080, section 62, is 23 12 repealed. 23 13 Sec. 39. 1996 Iowa Acts, Senate File 2351, section 3, 23 14 amending section 15.343, subsection 1, paragraph "c", Code 23 15 Supplement 1995, is repealed. 23 16 Sec. 40. EFFECTIVE DATE. Section 554.8116, as enacted in 23 17 this Act, takes effect July 1, 1997. 23 18 DIVISION VI 23 19 STATE APPROPRIATIONS FOR FY 1995-1996 23 20 Sec. 41. STATE HYGIENIC LABORATORY. There is appropriated 23 21 from the general fund of the state to the state board of 23 22 regents for the fiscal year beginning July 1, 1995, and ending 23 23 June 30, 1996, the following amount, or so much thereof as is 23 24 necessary, to be used by the state hygienic laboratory at the 23 25 state university of Iowa for the purpose designated: 23 26 For conducting analyses of test samples for alcohol or 23 27 illegal controlled substances: 23 28 .................................................. $ 200,000 23 29 Sec. 42. SENATE FILE 13. There is appropriated from the 23 30 general fund of the state to the Iowa department of public 23 31 health for the fiscal year beginning July 1, 1995, and ending 23 32 June 30, 1996, the following amount, or so much thereof as is 23 33 necessary, to be used for the purpose designated: 23 34 For expenditures relating to the establishment of a 23 35 prospective minor parents decision-making assistance program 24 1 in accordance with chapter 135L, as enacted by 1996 Iowa Acts, 24 2 Senate File 13: 24 3 .................................................. $ 200,000 24 4 Sec. 43. STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM – 24 5 VOLUNTARY BENEFIT PROGRAMS. There is appropriated from the 24 6 general fund of the state to the statewide fire and police 24 7 retirement system established in chapter 411, for the fiscal 24 8 year beginning July 1, 1995, and ending June 30, 1996, the 24 9 following amount, or so much thereof as is necessary, to be 24 10 used for the purpose designated: 24 11 For implementation of voluntary benefit programs as 24 12 provided in 1996 Iowa Acts, Senate File 2245, if enacted: 24 13 .................................................. $ 75,000 24 14 It is the intent of the general assembly that the statewide 24 15 fire and police retirement system shall reimburse the general 24 16 fund of the state for the appropriation provided by this 24 17 section from contributions to the voluntary benefit fund, as 24 18 established in 1996 Iowa Acts, Senate File 2245, if enacted. 24 19 Sec. 44. RELOCATION. There is appropriated from the 24 20 general fund of the state to the department of general 24 21 services for the fiscal year beginning July 1, 1995, and 24 22 ending June 30, 1996, the following amount, or so much thereof 24 23 as is necessary, to be used for the purpose designated: 24 24 For relocation of offices and other transition costs 24 25 associated with renovation of the Lucas state office building 24 26 and the old historical building: 24 27 .................................................. $ 300,000 24 28 Sec. 45. STATE PUBLIC DEFENDER. There is appropriated 24 29 from the general fund of the state to the office of the state 24 30 public defender of the department of inspections and appeals 24 31 for the fiscal year beginning July 1, 1995, and ending June 24 32 30, 1996, to supplement the appropriation made in 1995 Iowa 24 33 Acts, chapter 207, section 16, subsection 2, the following 24 34 amount, or so much thereof as is necessary, to be used for the 24 35 purpose designated: 25 1 For court-appointed attorney fees for indigent adults and 25 2 juveniles, as specified in law by the general assembly: 25 3 .................................................. $ 6,400,000 25 4 Sec. 46. DEPARTMENT OF HUMAN SERVICES – LOCAL PURCHASE. 25 5 There is appropriated from the general fund of the state to 25 6 the department of human services for the fiscal year beginning 25 7 July 1, 1995, and ending June 30, 1996, the following amount, 25 8 or so much thereof as is necessary, to be used for the purpose 25 9 designated: 25 10 For replacement of federal social services block grant 25 11 funding allocated in 1995 Iowa Acts, chapter 208, section 10, 25 12 subsection 3, paragraphs "d" and "g", and subsequently reduced 25 13 by the federal government, for local administrative costs and 25 14 other local services and for local purchase of services for 25 15 persons with mental illness or mental retardation or other 25 16 developmental disability: 25 17 .................................................. $ 1,600,000 25 18 Sec. 47. DEPARTMENT OF HUMAN SERVICES – SPECIAL 25 19 AUTHORIZATION. Notwithstanding sections 8.33 and 8.62, and 25 20 any other provision of law to the contrary, not more than 25 21 $2,200,000 of moneys appropriated to the department of human 25 22 services for the fiscal year beginning July 1, 1995, and 25 23 ending June 30, 1996, which remain unobligated or unexpended 25 24 shall not revert to the fund from which appropriated but shall 25 25 remain available in the succeeding fiscal year for use as 25 26 follows: 25 27 1. For the adolescent tracking and monitoring program, 25 28 $1,200,000. 25 29 2. For upgrading computer hardware, $1,000,000. 25 30 If the actual amount of moneys available pursuant to this 25 31 section is less than $2,200,000, the department shall prorate 25 32 the actual amount based upon the relative amounts allocated in 25 33 subsections 1 and 2. 25 34 Sec. 48. NONREVERSION. Notwithstanding section 8.33, 25 35 unobligated moneys remaining on June 30, 1996, from moneys 26 1 appropriated pursuant to this division of this Act shall not 26 2 revert but shall be available for expenditure for the 26 3 following fiscal year for the purposes for which appropriated. 26 4 DIVISION VII 26 5 STATE APPROPRIATIONS FOR FY 1996-1997 26 6 Sec. 49. PUBLIC EMPLOYEES' RETIREMENT SYSTEM – DEFINED 26 7 CONTRIBUTION OPTION. There is appropriated from the Iowa 26 8 public employees' retirement fund to the Iowa public 26 9 employees' retirement system for the fiscal year beginning 26 10 July 1, 1996, and ending June 30, 1997, the following amounts, 26 11 or so much thereof as is necessary, to be used for the 26 12 purposes designated: 26 13 1. For costs associated with studies and reports required 26 14 in 1996 Iowa Acts, Senate File 2245, if enacted: 26 15 .................................................. $ 60,000 26 16 2. For costs associated with the development of a proposal 26 17 for establishing a defined contribution option under the Iowa 26 18 public employees' retirement system in accordance with the 26 19 provisions of this subsection: 26 20 .................................................. $ 25,000 26 21 The Iowa public employees' retirement system, in 26 22 consultation with the public retirement systems committee 26 23 established in section 97D.4, shall develop a proposal 26 24 concerning various alternatives for establishing a defined 26 25 contribution option for members of the Iowa public employees' 26 26 retirement system. On or before September 1, 1997, the system 26 27 shall file a report with the legislative service bureau, for 26 28 distribution to the public retirement systems committee, which 26 29 contains a proposal, or proposals, for establishing a defined 26 30 contribution option. The report shall also contain actuarial 26 31 information concerning the costs of the proposal or proposals. 26 32 Sec. 50. VALUE-ADDED AGRICULTURAL PRODUCTS. Notwith- 26 33 standing contrary provisions of sections 15E.111 and 15E.112 26 34 and related eligibility requirements for participation in the 26 35 value-added agricultural products and processes financial 27 1 assistance program, for the fiscal year beginning July 1, 27 2 1996, and ending June 30, 1997, the department of economic 27 3 development shall allocate not more than $700,000 from the 27 4 value-added agricultural products and processes financial 27 5 assistance fund for use in planning, marketing, or 27 6 constructing a new state-of-the-art beef processing facility 27 7 to be located in southwest Iowa. 27 8 Sec. 51. COMMUNICATIONS SERVICES REGULATION. There is 27 9 appropriated from the general fund of the state to the 27 10 department of commerce for the fiscal year beginning July 1, 27 11 1996, and ending June 30, 1997, the following amount, or so 27 12 much thereof as is necessary, to be used for the purpose 27 13 designated: 27 14 For consulting services to assist the utilities board with 27 15 implementation of 1995 Iowa Acts, chapter 199, to assist in 27 16 the regulatory transition of the communications industry, and 27 17 for implementation of the federal Telecommunications Act of 27 18 1996, Pub. L. No. 104-104: 27 19 .................................................. $ 120,000 27 20 The utilities division shall recover the moneys 27 21 appropriated in this section pursuant to the assessment 27 22 procedures in section 476.10. 27 23 Sec. 52. PHYSICIAN UTILIZATION STUDY. There is 27 24 appropriated from the general fund of the state to the 27 25 insurance division of the department of commerce for the 27 26 fiscal year beginning July 1, 1996, and ending June 30, 1997, 27 27 the following amount, or so much thereof as is necessary, to 27 28 be used for the purpose designated: 27 29 For a study of physician utilization in accordance with 27 30 this section: 27 31 .................................................. $ 25,000 27 32 1. As part of the study, the commissioner of insurance 27 33 shall conduct a review of existing research and literature 27 34 regarding the utilization of various types of physicians, as 27 35 defined in section 135.1, in individual, small group, and 28 1 managed care settings. The study shall determine the costs 28 2 and effectiveness of including under individual and small 28 3 group health care reforms certain forms of treatment and 28 4 methodologies utilized by types of physicians which are not 28 5 currently included under the reforms. 28 6 2. The commissioner of insurance shall submit a final 28 7 report and recommendations, including proposed rules changes, 28 8 to the general assembly on or before January 2, 1997. 28 9 Sec. 53. E911 COMMUNICATIONS COUNCIL. There is 28 10 appropriated from the general fund of the state to the E911 28 11 communications council for the fiscal year beginning July 1, 28 12 1996, and ending June 30, 1997, the following amount, or so 28 13 much thereof as is necessary, to be used for the purpose 28 14 designated: 28 15 For the implementation, support, and maintenance of the 28 16 E911 communications council established pursuant to section 28 17 34A.15 as enacted by this Act: 28 18 .................................................. $ 70,000 28 19 Sec. 54. GOVERNOR. There is appropriated from the general 28 20 fund of the state to the office of the governor for the fiscal 28 21 year beginning July 1, 1996, and ending June 30, 1997, the 28 22 following amount, or so much thereof as is necessary, to be 28 23 used for the purpose designated: 28 24 For use of the office of the governor: 28 25 .................................................. $ 25,000 28 26 The appropriation in this section is in addition to any 28 27 other appropriation made for the use of the office of the 28 28 governor. 28 29 Sec. 55. WORKFORCE DEVELOPMENT FUND. There is 28 30 appropriated from the workforce development fund account, as 28 31 established in 1996 Iowa Acts, Senate File 2351, section 1, 28 32 for the fiscal year beginning July 1, 1996, and ending June 28 33 30, 1997, to the workforce development fund created in section 28 34 15.343, the following amount for the purposes of the workforce 28 35 development fund: 29 1 .................................................. $ 3,152,000 29 2 Sec. 56. DEPARTMENT OF INSPECTIONS AND APPEALS. 29 3 1. The investigations division of the department of 29 4 inspections and appeals is authorized 1.00 FTE for the fiscal 29 5 year beginning July 1, 1996, and ending June 30, 1997. This 29 6 authorization of 1.00 FTE is in addition to the number of 29 7 full-time equivalent positions authorized the investigations 29 8 division in 1996 Iowa Acts, House File 2416, section 8, 29 9 subsection 4. 29 10 2. There is appropriated from the general fund of the 29 11 state to the racing and gaming commission of the department of 29 12 inspections and appeals for the fiscal year beginning July 1, 29 13 1996, and ending June 30, 1997, the following amount, or so 29 14 much thereof as is necessary, to be used for the purposes 29 15 designated: 29 16 For salaries, support, maintenance, and miscellaneous 29 17 purposes for administration and enforcement of the excursion 29 18 boat gambling laws, and for not more than the following full- 29 19 time equivalent position: 29 20 .................................................. $ 39,804 29 21 ...............................................FTEs 1.00 29 22 The appropriation and full-time equivalent position 29 23 authorization provided in this subsection is in addition to 29 24 the appropriation and full-time equivalent position 29 25 authorization provided in 1996 Iowa Acts, House File 2416, 29 26 section 10. 29 27 Sec. 57. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. 29 28 The department of agriculture and land stewardship shall 29 29 utilize not more than $82,000 of the moneys appropriated to 29 30 the department's administrative division in 1996 Iowa Acts, 29 31 Senate File 2446, section 1, subsection 1, if enacted, for the 29 32 acquisition of laboratory equipment, including but not limited 29 33 to a rapid fat analyzer and a nitrogen protein combustion 29 34 analyzer. 29 35 Sec. 58. DEPARTMENT OF HUMAN SERVICES CONTINGENT 30 1 REDUCTION. Notwithstanding contrary provisions of section 30 2 8.41, subsection 3, as enacted by 1996 Iowa Acts, House File 30 3 2256, if during the fiscal year beginning July 1, 1996, the 30 4 department of human services receives federal funding for 30 5 child day care assistance which is unanticipated and has not 30 6 been budgeted, the funding shall be used as provided in 1996 30 7 Iowa Acts, Senate File 2442, section 6, if enacted, and the 30 8 appropriation in that section is, reduced by up to an 30 9 equivalent amount, to the extent that federal funding for 30 10 child day care is not jeopardized by the reduction of the 30 11 appropriation in that section. 30 12 Sec. 59. GROUP FOSTER CARE TARGET. Notwithstanding 1996 30 13 Iowa Acts, Senate File 2442, section 10, subsection 2, 30 14 paragraph "a", if enacted, the amount allocated as the 30 15 statewide expenditure target under section 242.143 for group 30 16 foster care maintenance and services is $23,601,280. 30 17 Sec. 60. 1996 Iowa Acts, House File 2472, section 21, 30 18 subsection 2, paragraph b, unnumbered paragraph 2, if enacted, 30 19 is amended to read as follows: 30 20 The department of public safety, with the approval of the 30 21 department of management, may employ no more than two special 30 22 agents and four gaming enforcement officers for each 30 23 additional riverboat regulated after March 31, 1996, and one 30 24 special agent for each racing facility which becomes 30 25 operational during the fiscal year beginning July 1, 1996. 30 26 One additional gaming enforcement officer, up to a total of 30 27 four per boat, may be employed for each riverboat that has 30 28 extended operations to 24 hours and has not previously 30 29 operated with a 24-hour schedule. Positions authorized in 30 30 this paragraph are in addition to the full-time equivalent 30 31 positions authorized in this subsection. 30 32 DIVISION VIII 30 33 OTHER STATUTORY PROVISIONS 30 34 Sec. 61. NEW SECTION. 8A.2 INNOVATION ZONES. 30 35 1. The purpose of this section is to enable local 31 1 jurisdictions to establish community partnerships to redirect 31 2 existing public funds to achieve improved outcomes for 31 3 children and their families. The state and local 31 4 jurisdictions shall negotiate new relationships in the 31 5 decategorization of funding appropriated and available to 31 6 local jurisdictions which share the risk related to and 31 7 responsibility for achieving improved outcomes. 31 8 2. An innovation zone board is created within the council 31 9 on human investment. The staff of the council on human 31 10 investment shall act as staff to the board. The board shall 31 11 select a chairperson, annually, from its membership. A simple 31 12 majority of the members of the board shall constitute a 31 13 quorum. On or before June 30, 1997, the board shall do all of 31 14 the following: 31 15 a. Issue a request for applications to be submitted by 31 16 local jurisdictions to participate in innovation zones in 31 17 order to develop new, community-based strategies which are 31 18 cross-system in focus, to improve outcomes for children and 31 19 their families. 31 20 b. Select from the requests received, at least three 31 21 jurisdictions to develop and implement innovation zone plans. 31 22 The board shall establish criteria for selection of the 31 23 jurisdictions. Selection criteria shall include a component 31 24 which measures the comprehensiveness of the plan and the 31 25 capacity of the jurisdiction to implement the plan. 31 26 c. Provide technical assistance, if requested, to assist 31 27 selected jurisdictions in developing and implementing the 31 28 innovation zone plans, including but not limited to assistance 31 29 in providing information regarding state and federal funding 31 30 directed to the local jurisdiction for use in implementation 31 31 of the plans. 31 32 d. Negotiate with local jurisdictions the state and local 31 33 jurisdiction duties in implementing the innovation zone plans. 31 34 The negotiations shall include methods to evaluate the 31 35 performance of the innovation zones. The board shall 32 1 coordinate and respond to any requests from a local 32 2 jurisdiction relating to waiver of existing rules or 32 3 regulations, the pooling and redirecting of existing state 32 4 funds, and the seeking of federal waivers. 32 5 e. Provide for maximum flexibility and creativity in the 32 6 designing and implementation of innovation zone plans with an 32 7 emphasis on the plans' potential for improving outcomes for 32 8 children and their families. 32 9 f. Review and approve or disapprove any provision in an 32 10 innovation zone plan submitted which requires the waiver or 32 11 superseding of any state rule relating to local jurisdiction 32 12 actions or expenditure of funds for services provided to 32 13 children and their families. 32 14 g. Report provisions included in a local jurisdiction's 32 15 innovation zone plan which require the waiver or superseding 32 16 of a state law or rule to the general assembly for review and 32 17 necessary action. 32 18 3. A local jurisdiction seeking to develop and implement 32 19 an innovation zone plan shall do all of the following: 32 20 a. Define the geographic service area of the local 32 21 jurisdiction. 32 22 b. Establish a local jurisdiction innovation zone 32 23 governing body which shall develop and implement the 32 24 innovation zone plan. The governing body shall be 32 25 representative of the local jurisdiction. 32 26 c. Develop a budget for the development and implementation 32 27 of the innovation zone plan which includes a commitment of 32 28 ongoing local funding and which also involves the commitment 32 29 of other private and public resources to the innovation zone. 32 30 d. Negotiate the specific requirements of the innovation 32 31 zone plan and implementation of the plan including the 32 32 specific duties of the state and local jurisdictions. The 32 33 plans may include provisions for local jurisdiction actions or 32 34 expenditure of funds under the plan which involve waiver of 32 35 state rules relating to services to children and their 33 1 families. 33 2 4. The innovation zone board shall include all of the 33 3 following members: 33 4 a. The directors, or their designees, of the department of 33 5 human services, the department of human rights, the department 33 6 of education, the Iowa department of public health, the 33 7 department of employment services, the department of 33 8 management, and any other state departments or agencies, as 33 9 necessary, as determined by the board. 33 10 b. Four members of the general assembly shall serve as ex 33 11 officio, nonvoting members. The legislative members shall be 33 12 appointed by the majority leader of the senate, by the 33 13 minority leader of the senate, by the speaker of the house, 33 14 and by the minority leader of the house of representatives. 33 15 Appointments shall comply with sections 69.16 and 69.16A. 33 16 Vacancies shall be filled by the original appointing authority 33 17 and in the manner of the original appointments. Legislative 33 18 members shall serve terms of two years and shall receive 33 19 compensation pursuant to section 2.12. 33 20 c. Additional members, which the governor shall appoint, 33 21 who are not affiliated with a state agency but who are members 33 22 of the general public with expertise or interest in children 33 23 and family issues. 33 24 5. For the purposes of this section, "local jurisdiction" 33 25 or "jurisdiction" means one or more cities, counties, or 33 26 school districts or a combination of any of these entities. 33 27 Sec. 62. NEW SECTION. 28E.41 EMERGENCY SERVICES – 33 28 CONTRACTS FOR MUTUAL AID. 33 29 1. A city fire department, benefited fire district, or 33 30 township fire department may enter into contracts providing 33 31 for mutual aid regarding emergency services provided by such 33 32 department or district. The contracts that are agreed upon 33 33 may provide for compensation from the parties and other terms 33 34 that are agreeable to the parties and may be for an indefinite 33 35 period as long as they include a sixty-day cancellation notice 34 1 by any party. The contracts agreed upon shall not be entered 34 2 into for the purpose of reducing the number of employees of 34 3 any party. 34 4 2. A city fire department, benefited fire district, or 34 5 township fire department may provide assistance to any other 34 6 such department or district in the state at the time of a 34 7 significant emergency such as a fire, earthquake, flood, 34 8 tornado, hazardous material incident, or other such disaster. 34 9 The chief or highest ranking fire officer of an assisting 34 10 department or district may render aid to a requesting 34 11 department or district as long as the chief or officer is 34 12 acting in accordance with the policies and procedures set 34 13 forth by the governing board of the assisting department or 34 14 district. 34 15 3. The chief or highest ranking officer of the city fire 34 16 department, benefited fire district, or township fire 34 17 department of the district within which the incident occurs 34 18 shall maintain control of the incident in accordance with the 34 19 provisions of chapter 102. The chief or highest ranking 34 20 officer of the department or district giving mutual aid shall 34 21 be in charge of the assisting departmental or district 34 22 personnel. 34 23 Sec. 63. Section 34A.3, subsection 1, unnumbered paragraph 34 24 1, Code 1995, is amended to read as follows: 34 25 The board of supervisors of each county shall establish a 34 26 joint 911 service board not later than January 1, 1989. Each 34 27 political subdivisionof the state having a public safety34 28agency serving territorywithin the county is entitled to 34 29 voting membership on the joint 911 service board. Each 34 30privatepublic safety agency operating within the area is 34 31 entitled tononvotingvoting membership on the board.A34 32township which does not operate its own public safety agency,34 33but contractsEach private safety agency under contract with a 34 34 political subdivision within the county for the provision of 34 35 public safety services, is not entitled to membership on the35 1joint 911 service board, but its contractor is entitled to35 2membership according to the contractor's status as a public or35 3private safety agencyis entitled to voting membership on the 35 4 board. The board of supervisors of the county establishing 35 5 the board is also entitled to voting membership on the board. 35 6 The joint 911 service board shall develop an enhanced 911 35 7 service plan encompassing at minimum the entire county, unless 35 8 an exemption is granted by the administrator permitting a 35 9 smaller E911 service area. The administrator may grant a 35 10 discretionary exemption from the single county minimum service 35 11 area requirement based upon an E911 joint service board's or 35 12 other E911 service plan operating authority's presentation of 35 13 evidence which supports the requested exemption if the 35 14 administrator finds that local conditions make adherence to 35 15 the minimum standard unreasonable or technically infeasible, 35 16 and that the purposes of this chapter would be furthered by 35 17 granting an exemption. The minimum size requirement is 35 18 intended to prevent unnecessary duplication of public safety 35 19 answering points and minimize other administrative, personnel, 35 20 and equipment expenses. An E911 service area must encompass a 35 21 geographically contiguous area. No exemption shall be granted 35 22 from the contiguous area requirement. The administrator may 35 23 order the inclusion of a specific territory in an adjoining 35 24 E911 service plan area to avoid the creation by exclusion of a 35 25 territory smaller than a single county not serviced by 35 26 surrounding E911 service plan areas upon request of the joint 35 27 911 service board representing the territory. The E911 35 28 service plan operating authority shall submit the plan on or 35 29 before January 1, 1994, to all of the following: 35 30 Sec. 64. NEW SECTION. 34A.15 E911 COMMUNICATIONS COUNCIL 35 31 ESTABLISHED – DUTIES. 35 32 1. An E911 communications council is established. The 35 33 council consists of the following eleven members: 35 34 a. One person appointed by the commissioner of public 35 35 safety. 36 1 b. One person appointed by the Iowa state sheriffs' and 36 2 deputies' association. 36 3 c. One person appointed by the Iowa association of chiefs 36 4 of police and peace officers. 36 5 d. One person appointed by the Iowa emergency medical 36 6 services association. 36 7 e. One person appointed by the Iowa association of 36 8 professional firefighters. 36 9 f. One person appointed by the Iowa firemen's association. 36 10 g. One person appointed by the Iowa chapter of the 36 11 national emergency number association. 36 12 h. One person appointed by the Iowa chapter of the 36 13 association of public safety communications officials- 36 14 international, inc. 36 15 i. One person appointed by the Iowa emergency management 36 16 directors association. 36 17 j. Two persons appointed by the Iowa telephone 36 18 association, with one person appointed to represent telephone 36 19 companies having fifteen thousand or more customers and one 36 20 person appointed to represent telephone companies having less 36 21 than fifteen thousand customers. 36 22 2. The council shall coordinate the development of and 36 23 mediate disputes relating to E911 systems and service in this 36 24 state. The council shall oversee the planning, 36 25 implementation, and operation of E911 communications services. 36 26 The council shall mediate issues relating to addressing, call 36 27 routing, E911 database, E911 network, equipment, and surcharge 36 28 collection which arise between and among E911 service boards, 36 29 telephone companies, and other providers and users of E911 36 30 communications services. 36 31 3. The authority of the council is limited to the issues 36 32 specifically identified in this section and does not preempt 36 33 the authority of the utilities board, created in section 36 34 474.1, to act on issues within the jurisdiction of the 36 35 utilities board. 37 1 Sec. 65. Section 159.29, subsection 2, unnumbered 37 2 paragraph 1, Code 1995, is amended to read as follows: 37 3 An owner of an agricultural drainage well and a landholder 37 4 whose land is drained by the well or wells of another person 37 5 shall develop, in consultation with the department of 37 6 agriculture and land stewardship and the department of natural 37 7 resources, a plan which proposes alternatives to the use of 37 8 agricultural drainage wells by July 1,19961998. 37 9 Sec. 66. Section 232.2, Code Supplement 1995, is amended 37 10 by adding the following new subsection: 37 11 NEW SUBSECTION. 6A. "Chronic runaway" means a child who 37 12 is reported to law enforcement as a runaway more than once in 37 13 any month or three or more times in a year. 37 14 Sec. 67. Section 232.19, subsection 1, paragraph c, Code 37 15 1995, is amended to read as follows: 37 16 c. By a peace officerfor the purpose of reuniting a child37 17with the child's family or removing the child to a shelter37 18care facilityor a juvenile court officer, when the peace 37 19 officer or juvenile court officer has reasonable grounds to 37 20 believe the child has run away from the child's parents, 37 21 guardian, or custodian, for the purposes of determining 37 22 whether the child shall be reunited with the child's parents, 37 23 guardian, or custodian, placed in shelter care, or, if a 37 24 chronic runaway, placed in a runaway assessment and treatment 37 25 center under section 232.196. 37 26 Sec. 68. NEW SECTION. 232.195 RUNAWAY TREATMENT PLAN. 37 27 A county, multicounty, or nonprofit organization may 37 28 develop a runaway treatment plan to address problems with 37 29 chronic runaway children in the area served by the 37 30 organization. The organization shall submit the plan to the 37 31 department of human rights, division of criminal and juvenile 37 32 justice planning for approval for funding. The plan shall 37 33 identify the problems with chronic runaway children and 37 34 specific solutions to be implemented, including the 37 35 development of a runaway assessment and treatment center and 38 1 may include a request for funding. The division may award 38 2 funds appropriated for implementation of the runaway treatment 38 3 plan to shelter care homes which are licensed or approved by 38 4 the department of human services. 38 5 Sec. 69. NEW SECTION. 232.196 RUNAWAY ASSESSMENT AND 38 6 TREATMENT CENTER. 38 7 1. As part of a county, multicounty, or nonprofit 38 8 organization's runaway treatment plan under section 232.195, 38 9 the organization may establish a runaway assessment and 38 10 treatment center. A center shall be operated by an entity 38 11 which is licensed or approved by the department to operate a 38 12 shelter care home. A center shall provide services to assess 38 13 a child who is referred to the center for being a chronic 38 14 runaway and intensive family counseling designed to address 38 15 any problem causing the child to run away. 38 16 2. a. If a child is a chronic runaway and is not sent 38 17 home with the child's parent, guardian, or custodian, the 38 18 child may be placed in a runaway assessment and treatment 38 19 center by a peace officer, juvenile court officer, or the 38 20 child if the officer, juvenile court officer, or the child 38 21 believes it to be in the child's best interest after 38 22 consulting with the child's parent, guardian, or custodian. 38 23 b. Within forty-eight hours of being placed in the center 38 24 the child shall be assessed by a center counselor to determine 38 25 the reasons why the child is a chronic runaway and whether 38 26 child in need of assistance or family in need of assistance 38 27 proceedings are appropriate. As soon as practicable following 38 28 the assessment, the child and the child's parent, guardian, or 38 29 custodian shall be provided the opportunity for counseling 38 30 sessions to identify the underlying causes of the runaway 38 31 behavior and to develop a plan to address those causes. 38 32 c. A child shall be released from a runaway assessment and 38 33 treatment center to the child's parent, guardian, or custodian 38 34 not later than forty-eight hours after being placed in the 38 35 center unless the child is placed in shelter care under 39 1 section 232.21 or an order is entered under section 232.78. A 39 2 child whose parent, guardian, or custodian failed to attend 39 3 counseling or who fails to take custody of the child at the 39 4 end of placement in the center may be the subject of a child 39 5 in need of assistance petition or such other order as the 39 6 juvenile court finds to be in the child's best interest. 39 7 3. The department of human services may establish a 39 8 special category within rules applicable to a juvenile shelter 39 9 care home licensed or approved by the department which 39 10 provides for operation of a runaway assessment and treatment 39 11 center by such a home. Any rules applicable to the special 39 12 category shall be jointly developed by the department of human 39 13 services and the division of criminal and juvenile justice 39 14 planning of the department of human rights. 39 15 Sec. 70. NEW SECTION. 279.8A TRAFFIC AND PARKING. 39 16 The board may make necessary rules to provide for the 39 17 policing, control, and regulation of traffic and parking of 39 18 vehicles and bicycles on school grounds. The rules may 39 19 provide for the use of institutional roads, driveways, and 39 20 grounds; registration of vehicles and bicycles; the 39 21 designation of parking areas; the erection and maintenance of 39 22 signs designating prohibitions or restrictions; the 39 23 installation and maintenance of parking control devices; and 39 24 assessment, enforcement, and collection of reasonable 39 25 penalties for the violation of the rules. 39 26 Rules made under this section may be enforced under 39 27 procedures adopted by the board. Penalties may be imposed for 39 28 violation of the rules, including, but not limited to, a 39 29 reasonable monetary penalty. The rules made under this 39 30 section may also be enforced by the impoundment of vehicles 39 31 and bicycles for violation of the rules. The board shall 39 32 establish procedures for the determination of controversies in 39 33 connection with the imposition of penalties. The procedures 39 34 must require giving notice of the violation and the penalty 39 35 prescribed and providing the opportunity for an administrative 40 1 hearing. 40 2 The board may contract with a city or county to enforce 40 3 rules made under this section by ordinance of the city or 40 4 county, and shall consult with local government transportation 40 5 officials to ensure that rules made pursuant to this section 40 6 are not in conflict with city or county parking and traffic 40 7 ordinances. 40 8 Sec. 71. Section 356.7, as enacted by 1996 Iowa Acts, 40 9 Senate File 2352, section 1, is amended to read as follows: 40 10 356.7 CHARGE FOR ROOM AND BOARD – LIEN. 40 11 1. The county sheriff may charge a prisoner who is 40 12 eighteen years of age or older for the room and board provided 40 13 to the prisoner while in the custody of the county sheriff. 40 14 Moneys collected by the sheriff under this section shall be 40 15 credited to the county general fund and distributed as 40 16 provided in this section. If a prisoner fails to pay for the 40 17 room and board, the sheriff may file a room and board 40 18 reimbursement lien as provided in subsection 2. The county 40 19 attorney may file the room and board reimbursement lien on 40 20 behalf of the sheriff and the county. This section does not 40 21 apply to prisoners who are paying for their room and board by 40 22 court order pursuant to sections 356.26 through 356.35. 40 23 2. The sheriff or the county attorney, on behalf of the 40 24 sheriff, may file a room and board reimbursement lien with the 40 25 clerk of the district court which shall include all of the 40 26 following information, if known: 40 27 a. The name and date of birth of the person whose property 40 28 or other interests are subject to the lien. 40 29 b. The present address of the residence and principal 40 30 place of business of the person named in the lien. 40 31 c. The criminal proceeding pursuant to which the lien is 40 32 filed, including the name of the court, the title of the 40 33 action, and the court's file number. 40 34 d. The name and address of the sheriff or the name and 40 35 address of the county attorney who is filing the lien on 41 1 behalf of the sheriff. 41 2 e. A statement that the notice is being filed pursuant to 41 3 this section. 41 4 f. The amount of room and board reimbursement the person 41 5 has been ordered to pay or is likely to be ordered to pay. 41 6 3. The filing of a room and board reimbursement lien in 41 7 accordance with this section creates a lien in favor of the 41 8 sheriff in any personal or real property identified in the 41 9 lien to the extent of the interest held in that property by 41 10 the person named in the lien. 41 11 4. This section does not limit the right of the sheriff to 41 12 obtain any other remedy authorized by law. 41 13 5. Of the moneys collected and credited to the county 41 14 general fund as provided in this section, sixty percent of the 41 15 moneys collected shall be used for the following purposes: 41 16 a. Courthouse security equipment and law enforcement 41 17 personnel costs. 41 18 b. Infrastructure improvements of a jail including new or 41 19 remodeling costs. 41 20 c. Infrastructure improvements of juvenile detention 41 21 facilities, including new or remodeling costs. 41 22 The sheriff may submit a plan or recommendations to the 41 23 county board of supervisors for the use of the funds as 41 24 provided in this subsection or the sheriff and board may 41 25 jointly develop a plan for the use of the funds. Subject to 41 26 the requirements of this subsection, funds may be used in the 41 27 manner set forth in an agreement entered into under chapter 41 28 28E. 41 29 The county board of supervisors shall review the plan or 41 30 recommendations submitted by the sheriff during the normal 41 31 budget process of the county. 41 32 Sec. 72. Section 602.8107, subsection 2, paragraph d, Code 41 33 Supplement 1995, is amended to read as follows: 41 34 d. Court costs, including correctional fees assessed 41 35 pursuant to sections 356.7 and 904.108, court-appointed 42 1 attorney fees, or public defender expenses. 42 2 Sec. 73. Section 476.1D, subsection 10, Code Supplement 42 3 1995, is amended to read as follows: 42 4 10. The board, at the request of a long distance telephone 42 5 company, shall classify such company as a competitive long 42 6 distance telephone company if more than half of the company's 42 7 revenues from its Iowa intrastate telecommunications services 42 8 and facilities are received from services and facilities that 42 9 the board has determined to be subject to effective 42 10 competition, or if more than half of the company's revenues 42 11 from its Iowa intrastate telecommunications services and 42 12 facilities are received from intralata interexchange services 42 13 and facilities. For purposes of this subsection, "intralata 42 14 interexchange services" means those interexchange services 42 15 that originate and terminate within the same local access 42 16 transport area. 42 17 PARAGRAPH DIVIDED. The board shall promptly notify the 42 18 director of revenue and finance that a long distance telephone 42 19 company has been classified as a competitive long distance 42 20 telephone company. Upon such notification by the board, the 42 21 director of revenue and finance shall assess the property of 42 22 such competitive long distance telephone company, which 42 23 property is first assessed for taxation in this state on or 42 24 after January 1, 1996, in the same manner as all other 42 25 property assessed as commercial property by the local assessor 42 26 under chapters 427, 427A, 427B, 428, and 441. As used in this 42 27 section, "long distance telephone company" means an entity 42 28 that provides telephone service and facilities between local 42 29 exchanges, but does not include a cellular service provider or 42 30 a local exchange utility holding a certificate issued under 42 31 section 476.29, subsection 12. 42 32 Sec. 74. Section 613.17, Code 1995, is amended to read as 42 33 follows: 42 34 613.17 EMERGENCY ASSISTANCE IN AN ACCIDENT. 42 35 A person, who in good faith renders emergency care or 43 1 assistance without compensation, shall not be liable for any 43 2 civil damages for acts or omissions occurring at the place of 43 3 an emergency or accident or while the person is in transit to 43 4 or from the emergency or accident or while the person is at or 43 5 being moved to or from an emergency shelter unless such acts 43 6 or omissions constitute recklessness. For purposes of this 43 7 section, if a volunteer fire fighter, a volunteer operator or 43 8 attendant of an ambulance or rescue squad service, a volunteer 43 9 paramedic, a volunteer emergency medical technician, or a 43 10 volunteer registered member of the national ski patrol system 43 11 receives nominal compensation not based upon the value of the 43 12 services performed, that person shall be considered to be 43 13 receiving no compensation. The operation of a motor vehicle 43 14 in compliance with section 321.231 by a volunteer fire 43 15 fighter, volunteer operator, or attendant of an ambulance or 43 16 rescue squad service, a volunteer paramedic, or volunteer 43 17 emergency medical technician shall be considered rendering 43 18 emergency care or assistance for purposes of this section. 43 19 For purposes of this section, a person rendering emergency 43 20 care or assistance includes a person involved in a workplace 43 21 rescue arising out of an emergency or accident. 43 22 Sec. 75. Section 710.8, Code 1995, is amended by adding 43 23 the following new subsection: 43 24 NEW SUBSECTION. 4. A person shall not harbor a runaway 43 25 child with the intent of allowing the runaway child to remain 43 26 away from home against the wishes of the child's parent, 43 27 guardian, or custodian. However, the provisions of this 43 28 subsection do not apply to a shelter care home which is 43 29 licensed or approved by the department of human services. 43 30 Sec. 76. Section 904.108, Code 1995, is amended by adding 43 31 the following new subsection: 43 32 NEW SUBSECTION. 7. The director may charge an inmate a 43 33 correctional fee for custodial expenses incurred or which may 43 34 be incurred while the inmate is in the custody of the 43 35 department. The custodial expenses may include, but are not 44 1 limited to, board and room, medical and dental fees, education 44 2 costs, clothing costs, and the costs of supervision, services, 44 3 and treatment to the inmate. The correctional fee shall not 44 4 exceed the actual cost of keeping the inmate in custody. The 44 5 correctional fees shall be assessed as court costs and any 44 6 correctional fees collected pursuant to this subsection shall 44 7 be credited to the general fund of the state. The 44 8 correctional fees shall be collected as other court costs 44 9 pursuant to section 602.8107. This subsection does not limit 44 10 the right of the director to obtain any other remedy 44 11 authorized by law. 44 12 Sec. 77. REPEAL – INNOVATION ZONE BOARD. Section 8A.2, 44 13 subsections 2 and 4, as enacted by this division of this Act, 44 14 relating to the innovation zone board, are repealed June 30, 44 15 1998. 44 16 DIVISION IX 44 17 ECONOMIC DEVELOPMENT AND RELATED APPROPRIATIONS 44 18 AND STATUTORY CHANGES 44 19 Sec. 78. There is appropriated from the general fund of 44 20 the state and other designated funds to the department of 44 21 economic development for the fiscal year beginning July 1, 44 22 1996, and ending June 30, 1997, the following amounts, or so 44 23 much thereof as is necessary, to be used for the purposes 44 24 designated: 44 25 1. ADMINISTRATIVE SERVICES DIVISION 44 26 a. General administration 44 27 For salaries, support, maintenance, miscellaneous purposes, 44 28 and for providing that a business receiving moneys from the 44 29 department for the purpose of job creation shall make 44 30 available ten percent of the new jobs created for promise jobs 44 31 program participants who are qualified for the jobs created 44 32 and for not more than the following full-time equivalent 44 33 positions: 44 34 .................................................. $ 1,405,687 44 35 ............................................... FTEs 23.75 45 1 The director shall coordinate efforts with the workforce 45 2 coordinator and the department of workforce development if 45 3 enacted by Senate File 2409, to implement the intent of the 45 4 general assembly regarding businesses receiving job creation 45 5 moneys and shall report to the joint appropriations 45 6 subcommittee on economic development regarding the number of 45 7 jobs to be created by each business, the number of qualified 45 8 promise jobs participants applying with the business, and the 45 9 number of promise jobs participants hired. 45 10 b. Film office 45 11 For salaries, support, maintenance, miscellaneous purposes, 45 12 and for not more than the following full-time equivalent 45 13 positions: 45 14 .................................................. $ 199,341 45 15 ............................................... FTEs 2.00 45 16 2. BUSINESS DEVELOPMENT DIVISION 45 17 a. Business development operations 45 18 For salaries, support, maintenance, miscellaneous purposes, 45 19 for not more than the following full-time equivalent 45 20 positions, for allocating $495,000 to the heartland technology 45 21 network, $150,000 to the graphic arts center, and $100,000 to 45 22 the university of northern Iowa for operation of industrial 45 23 technology programs at the Iowa plastics technology center 45 24 located in Waverly, Iowa, for allocating $75,000 for the 45 25 purposes of the regulatory assistance program, and for 45 26 allocating $60,000, and up to a 0.50 full-time equivalent 45 27 position to administer the heartland technology network, the 45 28 graphic arts technology center, and the plastics technology 45 29 center: 45 30 .................................................. $ 3,890,775 45 31 ............................................... FTEs 17.75 45 32 b. Small business programs 45 33 For salaries, support, maintenance, miscellaneous purposes, 45 34 and for not more than the following full-time equivalent 45 35 positions for the small business program, the small business 46 1 advisory council, and targeted small business program: 46 2 .................................................. $ 498,756 46 3 ............................................... FTEs 6.00 46 4 c. Federal procurement office 46 5 For salaries, support, maintenance, miscellaneous purposes, 46 6 and for not more than the following full-time equivalent 46 7 positions: 46 8 .................................................. $ 96,492 46 9 ............................................... FTEs 3.00 46 10 Notwithstanding section 8.33, moneys remaining unencumbered 46 11 or unobligated on June 30, 1997, shall not revert and shall be 46 12 available for expenditure during the fiscal year beginning 46 13 July 1, 1997, for the same purposes. 46 14 d. Strategic investment fund 46 15 For deposit in the strategic investment fund for salaries, 46 16 support, for not more than the following full-time equivalent 46 17 positions, and for allocating from the funds remaining 46 18 unobligated in the Wallace technology transfer foundation fund 46 19 on June 30, 1996, notwithstanding section 8.33, $200,000 for a 46 20 study regarding the feasibility of establishing an Iowa-based 46 21 airline: 46 22 .................................................. $ 6,707,638 46 23 ............................................... FTEs 10.50 46 24 As a condition of any portion of the appropriation made 46 25 under this lettered paragraph being used for awards from the 46 26 community economic betterment account, the department shall 46 27 provide that awards under the program of $500,000 or more must 46 28 be to businesses able to pay at least 130 percent of the 46 29 average county wage, shall review the wage cap in high wage 46 30 counties and provide that it is tied to an appropriate 46 31 inflator for determining eligibility for awards, and shall 46 32 provide, in addition to all other existing requirements for 46 33 awards from the community economic betterment account, that 46 34 the remaining 10 percent of the funds shall be transferred by 46 35 the department to other programs within the strategic 47 1 investment fund and used for purposes other than the community 47 2 economic betterment program if, after 90 percent of funds in 47 3 the account have been obligated for the fiscal year, either of 47 4 the following conditions have not been met: 47 5 (1) All projects approved have starting wages not less 47 6 than 90 percent of the lesser of either the average county 47 7 wage or the average regional wage, as compiled annually by the 47 8 department for the community economic betterment program. For 47 9 the purposes of this lettered paragraph, the average regional 47 10 wage shall be compiled based upon the service delivery areas 47 11 in section 84B.2, if enacted by 1996 Iowa Acts, Senate File 47 12 2409. 47 13 (2) The average starting wage for the businesses for which 47 14 the awards were made under the program shall exceed 100 47 15 percent of the statewide average wage. 47 16 Additionally, the department shall provide an annual report 47 17 on the progress made by the department in making the community 47 18 economic betterment program a self-sustaining, revolving loan 47 19 program. 47 20 e. Targeted small business incubator 47 21 Moneys appropriated for fiscal year 1995-1996 and not 47 22 expended by June 30, 1996, shall not revert but shall be held 47 23 by the department for funding, with local matching funds, the 47 24 targeted small business incubator in Des Moines for the fiscal 47 25 year beginning July 1, 1996, and ending June 30, 1997. 47 26 f. Insurance economic development 47 27 There is appropriated from moneys collected by the division 47 28 of insurance in excess of the anticipated gross revenues under 47 29 section 505.7, subsection 3, to the department for the fiscal 47 30 year beginning July 1, 1996, and ending June 30, 1997, the 47 31 following amount, or so much thereof as is necessary, for 47 32 insurance economic development and international insurance 47 33 economic development: 47 34 .................................................. $ 200,000 47 35 g. Value-added agriculture 48 1 There is appropriated from the moneys available to support 48 2 value-added agricultural products and processes, four percent, 48 3 or so much thereof as is necessary, of the total moneys 48 4 available to support value-added agricultural products and 48 5 processes pursuant to section 423.24 each quarter for 48 6 administration of the value-added agricultural products and 48 7 processes financial assistance program as provided in section 48 8 15E.111, including salaries, support, maintenance, 48 9 miscellaneous purposes, and for not more than 2.00 FTEs. 48 10 3. COMMUNITY DEVELOPMENT DIVISION 48 11 a. Community assistance 48 12 For salaries, support, maintenance, miscellaneous purposes, 48 13 and for not more than the following full-time equivalent 48 14 positions for administration of the community economic 48 15 preparedness program, the Iowa community betterment program, 48 16 and the city development boards: 48 17 .................................................. $ 578,943 48 18 ............................................... FTEs 8.50 48 19 There is also appropriated from the rural community 2000 48 20 program revolving fund established in section 15.287 to the 48 21 community assistance program for the purposes of the community 48 22 economic preparedness program: 48 23 .................................................. $ 50,000 48 24 b. Main street/rural main street program 48 25 For salaries and support for not more than the following 48 26 full-time equivalent positions: 48 27 .................................................. $ 413,530 48 28 ............................................... FTEs 3.00 48 29 Notwithstanding section 8.33, moneys committed to grantees 48 30 under contract from the general fund of the state that remain 48 31 unexpended on June 30 of the fiscal year shall not revert to 48 32 any fund but shall be available for expenditure for purposes 48 33 of the contract during the succeeding fiscal year. 48 34 c. Rural development program 48 35 For salaries, support, maintenance, miscellaneous purposes, 49 1 for not more than the following full-time equivalent 49 2 positions, for rural resource coordination, rural community 49 3 leadership, rural innovations grant program, and the rural 49 4 enterprise fund and for allocating $100,000 for the purposes 49 5 of the microbusiness rural enterprise assistance program under 49 6 section 15.114: 49 7 .................................................. $ 711,181 49 8 ............................................... FTEs 4.50 49 9 There is also appropriated from the rural community 2000 49 10 program revolving fund established in section 15.287 to the 49 11 rural development program for the purposes of the program 49 12 including the rural enterprise fund and collaborative skills 49 13 development training: 49 14 .................................................. $ 351,000 49 15 Notwithstanding section 8.33, moneys committed to grantees 49 16 under contract from the general fund of the state or through 49 17 transfers from the Iowa community development loan fund or 49 18 from the rural community 2000 program revolving fund that 49 19 remain unexpended at the end of the fiscal year shall not 49 20 revert but shall be available for expenditure for purposes of 49 21 the contract during the succeeding fiscal year. 49 22 d. Community development block grant and HOME 49 23 For administration and related federal housing and urban 49 24 development grant administration for salaries, support, 49 25 maintenance, miscellaneous purposes, and for not more than the 49 26 following full-time equivalent positions: 49 27 .................................................. $ 403,974 49 28 ............................................... FTEs 18.75 49 29 e. Councils of governments 49 30 There is appropriated from the rural community 2000 program 49 31 revolving fund established in section 15.287 to provide to 49 32 Iowa's councils of governments funds for planning and 49 33 technical assistance funds to assist local governments to 49 34 develop community development strategies for addressing long- 49 35 term and short-term community needs: 50 1 .................................................. $ 178,000 50 2 f. Councils of governments 50 3 For distributing on a per capita basis to each council of 50 4 governments: 50 5 .................................................. $ 50,000 50 6 g. Housing development fund 50 7 For providing technical assistance to communities of all 50 8 sizes and local financial institutions to help meet local 50 9 housing needs and to provide and transfer matching funds for 50 10 the HOME program: 50 11 .................................................. $ 1,300,000 50 12 Notwithstanding section 8.33, moneys committed to grantees 50 13 under contract from the housing development fund and moneys 50 14 transferred for matching funds for the HOME program that 50 15 remain unexpended or unobligated on June 30 of the fiscal year 50 16 shall not revert to any fund but shall be available for 50 17 obligation and expenditure for purposes of those programs 50 18 during the succeeding fiscal year. 50 19 4. INTERNATIONAL DIVISION 50 20 a. International trade operations 50 21 For salaries, support, maintenance, miscellaneous purposes, 50 22 for not more than the following full-time equivalent 50 23 positions, and for allocating $100,000 to promote trade 50 24 opportunities in Korea and the Pacific rim: 50 25 .................................................. $ 1,027,950 50 26 ............................................... FTEs 10.00 50 27 From among the full-time equivalent positions authorized by 50 28 this paragraph, one position shall concentrate on the export 50 29 sale of grain, one on the export sale of livestock, and one on 50 30 the export sale of value-added agricultural products. 50 31 b. Foreign trade offices 50 32 For salaries, support, maintenance, and miscellaneous 50 33 purposes: 50 34 .................................................. $ 595,250 50 35 c. Export trade assistance program 51 1 For export trade activities, including a program to 51 2 encourage and increase participation in trade shows and trade 51 3 missions by providing financial assistance to businesses for a 51 4 percentage of their costs of participating in trade shows and 51 5 trade missions, by providing for the lease/sublease of 51 6 showcase space in existing world trade centers, by providing 51 7 temporary office space for foreign buyers, international 51 8 prospects, and potential reverse investors, and by providing 51 9 other promotional and assistance activities, including 51 10 salaries and support for not more than the following full-time 51 11 equivalent position: 51 12 .................................................. $ 275,000 51 13 ............................................... FTEs 0.25 51 14 d. Agricultural product advisory council 51 15 For support, maintenance, and miscellaneous purposes: 51 16 .................................................. $ 1,300 51 17 e. For transfer to the partner state program which the 51 18 department may use to contract with private groups or 51 19 organizations which are the most appropriate to administer 51 20 this program and the groups and organizations participating in 51 21 the program shall, to the fullest extent possible, provide the 51 22 funds to match the appropriation made in this subsection of 51 23 the funds transferred: 51 24 .................................................. $ 100,000 51 25 5. TOURISM DIVISION 51 26 a. Tourism operations 51 27 For salaries, support, maintenance, miscellaneous purposes, 51 28 for not more than the following full-time equivalent 51 29 positions, and for allocating $100,000 for a grant program for 51 30 annual community celebrations of Iowa's agricultural heritage, 51 31 provided that the appropriation shall not be used for 51 32 advertising placements for in-state and out-of-state tourism 51 33 marketing: 51 34 .................................................. $ 825,212 51 35 ............................................... FTEs 18.52 52 1 b. Tourism advertising 52 2 For contracting exclusively for tourism advertising for in- 52 3 state and out-of-state tourism marketing services, tourism 52 4 promotion programs, electronic media, print media, and printed 52 5 materials: 52 6 .................................................. $ 2,737,000 52 7 The department shall not use the moneys appropriated in 52 8 this lettered paragraph, unless the department develops 52 9 public-private partnerships with Iowa businesses in the 52 10 tourism industry, Iowa tour groups, Iowa tourism 52 11 organizations, and political subdivisions in this state to 52 12 assist in the development of advertising efforts. The 52 13 department shall, to the fullest extent possible, develop 52 14 cooperative efforts for advertising with contributions from 52 15 other sources. 52 16 c. Welcome center program 52 17 To provide tourism materials for welcome centers: 52 18 .................................................. $ 100,000 52 19 Sec. 79. Notwithstanding section 15E.120, subsections 5, 52 20 6, and 7, and section 15.287, there is appropriated from the 52 21 Iowa community development loan fund all the moneys available 52 22 during the fiscal year beginning July 1, 1996, and ending June 52 23 30, 1997, to the department of economic development for the 52 24 rural development program to be used by the department for the 52 25 purposes of the program. 52 26 Sec. 80. Notwithstanding section 15.251, subsection 2, 52 27 there is appropriated from the job training fund to the 52 28 department of economic development for the fiscal year 52 29 beginning July 1, 1996, and ending June 30, 1997, the 52 30 following amounts, or so much thereof as is necessary, to be 52 31 used for the purposes designated: 52 32 For administration of chapter 260E, including salaries, 52 33 support, maintenance, miscellaneous purposes, and for not more 52 34 than the following full-time equivalent positions: 52 35 .................................................. $ 160,000 53 1 ............................................... FTEs 2.40 53 2 Appropriations to the department of economic development 53 3 for administration of chapter 260E and the department of 53 4 employment services for the target alliance program shall be 53 5 funded on a proportional basis if receipts to the job training 53 6 fund are insufficient to fund both appropriations in their 53 7 entirety. 53 8 Sec. 81. Of all funds appropriated to or receipts credited 53 9 to the job training fund created in section 260F.6, subsection 53 10 1, up to $125,000 for the fiscal year beginning July 1, 1996, 53 11 and ending June 30, 1997, and not more than 1.30 of the full- 53 12 time equivalent positions may be used for the administration 53 13 of the Iowa small business new job training Act. 53 14 Sec. 82. Notwithstanding section 423.24, subsection 1, 53 15 paragraph "b", subparagraph (1), there is appropriated for the 53 16 fiscal year beginning July 1, 1996, and ending June 30, 1997, 53 17 $100,000 of the total revenues collected pursuant to section 53 18 423.7 and deposited in the value-added agricultural products 53 19 and processes financial assistance fund, pursuant to section 53 20 423.24, subsection 1, paragraph "b", subparagraph (1), to the 53 21 Iowa cooperative extension service in agriculture and home 53 22 economics at Iowa state university of science and technology 53 23 for administration of the Iowa grain quality initiative. 53 24 Sec. 83. The Iowa seed capital corporation is authorized 53 25 up to 5.00 FTEs. The seed capital corporation shall not make 53 26 any new investments after June 30, 1997. The portfolio of 53 27 investments held by the seed capital corporation on June 30, 53 28 1997, shall be transferred to a private entity for management 53 29 of the investments. 53 30 Sec. 84. There is appropriated from the general fund of 53 31 the state to the Iowa state university of science and 53 32 technology for the fiscal year beginning July 1, 1996, and 53 33 ending June 30, 1997, the following amounts, or so much 53 34 thereof as is necessary, to be used for the purposes 53 35 designated: 54 1 1. For funding and maintaining in their current locations 54 2 the existing small business development centers, and for not 54 3 more than the following full-time equivalent positions: 54 4 .................................................. $ 1,216,245 54 5 ............................................... FTEs 5.80 54 6 2. For funding the institute for physical research and 54 7 technology, provided that $318,358 shall be allocated to the 54 8 industrial incentive program in accordance with the intent of 54 9 the general assembly, and for not more than the following 54 10 full-time equivalent positions: 54 11 .................................................. $ 4,124,607 54 12 ............................................... FTEs 46.42 54 13 It is the intent of the general assembly that the incentive 54 14 program focus on Iowa industrial sectors and seek 54 15 contributions and in-kind donations from businesses, 54 16 industrial foundations, and trade associations and that moneys 54 17 for the institute for physical research and technology 54 18 industrial incentive program shall only be allocated for 54 19 projects which are matched by private sector moneys for 54 20 directed contract research or for nondirected research. The 54 21 match required of small businesses as defined in section 54 22 15.102, subsection 4, for directed contract research or for 54 23 nondirected research shall be $1 for each $3 of state funds. 54 24 The match required for other businesses for directed contract 54 25 research or for nondirected research shall be $1 for each $1 54 26 of state funds. The match required of industrial foundations 54 27 or trade associations shall be $1 for each $1 of state funds. 54 28 Iowa state university shall report annually to the joint 54 29 appropriations subcommittee on economic development of the 54 30 senate and house appropriations committees the total amounts 54 31 of private contributions, the proportion of contributions from 54 32 small businesses and other businesses, and the proportion for 54 33 directed contract research and nondirected research of benefit 54 34 to Iowa businesses and industrial sectors. 54 35 Notwithstanding section 8.33, moneys appropriated for any 55 1 fiscal year which remain unobligated and unexpended at the end 55 2 of the fiscal year shall not revert but shall be available for 55 3 expenditure the following fiscal year. 55 4 Sec. 85. There is appropriated from the general fund of 55 5 the state to the state university of Iowa for the fiscal year 55 6 beginning July 1, 1996, and ending June 30, 1997, the 55 7 following amount, or so much thereof as is necessary, to be 55 8 used for the purpose designated: 55 9 For funding the advanced drug development program at the 55 10 Oakdale research park and for not more than the following 55 11 full-time equivalent positions: 55 12 .................................................. $ 319,169 55 13 ............................................... FTEs 2.85 55 14 The board of regents shall submit a report on the progress 55 15 of regents institutions in meeting the strategic plan for 55 16 technology transfer and economic development to the 55 17 chairpersons of the joint appropriations subcommittee on 55 18 economic development, the joint appropriations subcommittee on 55 19 education, the majority leader and minority leader of the 55 20 senate, the majority and minority leaders of the house of 55 21 representatives, the secretary of the senate, the chief clerk 55 22 of the house of representatives, and the legislative fiscal 55 23 bureau by December 1, 1996. 55 24 Sec. 86. DEPARTMENT OF EMPLOYMENT SERVICES OR DEPARTMENT 55 25 OF WORKFORCE DEVELOPMENT. As used in this section, references 55 26 to the department of employment services shall include the 55 27 department of workforce development if enacted by Senate File 55 28 2409. There is appropriated from the general fund of the 55 29 state, to the department of employment services for the fiscal 55 30 year beginning July 1, 1996, and ending June 30, 1997, the 55 31 following amounts, or so much thereof as is necessary, for the 55 32 purposes designated, including that the department of 55 33 employment services, the department of personnel, and the 55 34 department of management shall ensure that all nonsupervisory 55 35 full-time equivalent positions authorized and funded for the 56 1 department of employment services in this section will be 56 2 utilized during the fiscal year beginning July 1, 1996, and 56 3 ending June 30, 1997, and during future fiscal years, and will 56 4 not be held vacant, to ensure that the backlog of cases in 56 5 that department will be reduced as rapidly as possible: 56 6 1. DIVISION OF LABOR SERVICES 56 7 For salaries, support, maintenance, miscellaneous purposes, 56 8 and for not more than the following full-time equivalent 56 9 positions contingent upon the enactment of section 88 of this 56 10 Act and the provision which requires moneys appropriated from 56 11 the special employment security contingency fund to first be 56 12 used to fully fund the appropriation of $296,000 to the 56 13 division of labor services in subsection 1 of section 89 of 56 14 this Act prior to funding the appropriation in section 89 of 56 15 this Act to the division of industrial services: 56 16 .................................................. $ 2,729,542 56 17 ............................................... FTEs 89.50 56 18 From the contractor registration fees, the division of 56 19 labor services shall reimburse the department of inspections 56 20 and appeals for all costs associated with hearings under 56 21 chapter 91C, relating to contractor registration. 56 22 2. DIVISION OF INDUSTRIAL SERVICES 56 23 For salaries, support, maintenance, miscellaneous purposes, 56 24 and for not more than the following full-time equivalent 56 25 positions: 56 26 .................................................. $ 2,131,389 56 27 ............................................... FTEs 33.00 56 28 3. For salaries, support, maintenance, miscellaneous 56 29 purposes, and for not more than the following full-time 56 30 equivalent position for a workforce development coordinator 56 31 and council: 56 32 .................................................. $ 141,606 56 33 ............................................... FTEs 1.00 56 34 4. For the workforce development initiative to be used to 56 35 create model workforce development centers and provide an 57 1 integrated management information system: 57 2 .................................................. $ 275,000 57 3 5. For salaries, support, maintenance, miscellaneous 57 4 purposes for collection of labor market information, and for 57 5 not more than the following full-time equivalent positions: 57 6 .................................................. $ 173,250 57 7 ............................................... FTEs 3.20 57 8 6. For salaries, support, maintenance, and miscellaneous 57 9 purposes for the mentoring project for family investment 57 10 program participants, and for not more than the following 57 11 full-time equivalent positions: 57 12 .................................................. $ 72,000 57 13 ............................................... FTEs 1.50 57 14 7. a. Youth workforce programs 57 15 For purposes of the conservation corps, including 57 16 allocating $800,000 for a summer youth program for cities of 57 17 over 150,000 in population, salary, support, maintenance, 57 18 miscellaneous purposes, and for not more than the following 57 19 full-time equivalent positions: 57 20 .................................................. $ 1,718,661 57 21 ............................................... FTEs 2.40 57 22 Notwithstanding section 8.33, moneys committed to grantees 57 23 under contract that remain unexpended on June 30 of the fiscal 57 24 year shall not revert to any fund but shall be available for 57 25 expenditure for purposes of the contract during the succeeding 57 26 fiscal year. 57 27 b. Workforce investment program 57 28 For allocating $425,000 to the workforce development fund 57 29 under section 15.343 for funding, to the extent possible, the 57 30 currently existing high technology apprenticeship programs, 57 31 under section 260C.44 at the community colleges, for the 57 32 purposes of the workforce investment program, and for a 57 33 competitive grant program by the department for projects that 57 34 increase Iowa's pool of available labor via training and 57 35 support services with priority given to projects which serve 58 1 displaced homemakers or welfare recipients, including salaries 58 2 and support, and not more than the following full-time 58 3 equivalent position: 58 4 .................................................. $ 903,000 58 5 ............................................... FTEs 0.90 58 6 The department shall ensure that the workforce investment 58 7 program is coordinated with services provided under the 58 8 federal Job Training Partnership Act and that welfare 58 9 recipients receive priority for services under both programs. 58 10 Notwithstanding section 8.33, moneys committed to grantees 58 11 under contract that remain unexpended at the end of the fiscal 58 12 year, shall not revert to any fund but shall be available for 58 13 expenditure for purposes of the contract during the succeeding 58 14 fiscal year. 58 15 c. Labor management councils 58 16 For salaries, support, maintenance, miscellaneous purposes, 58 17 and for not more than the following full-time equivalent 58 18 position: 58 19 .................................................. $ 100,338 58 20 ............................................... FTEs 0.50 58 21 Notwithstanding section 8.33, moneys committed to grantees 58 22 under contract that remain unexpended on June 30 of the fiscal 58 23 year shall not revert to any fund but shall be available for 58 24 expenditure for purposes of the contract during the succeeding 58 25 fiscal year. The department shall not use moneys appropriated 58 26 in this lettered paragraph for grants to grantees who do not 58 27 facilitate the active participation of labor as members of 58 28 labor management councils or who fail to make a good faith 58 29 effort to either schedule meetings during nonworking hours or 58 30 obtain voluntary agreements with employers to allow employees 58 31 time off to attend labor management council meetings with no 58 32 loss of pay or other benefits. 58 33 Sec. 87. Notwithstanding section 15.251, subsection 2, 58 34 there is appropriated from the job training fund to the 58 35 department of employment services for the fiscal year 59 1 beginning July 1, 1996, and ending June 30, 1997, the 59 2 following amount, or so much thereof as is necessary, to be 59 3 used for the purpose designated: 59 4 For the target alliance program: 59 5 .................................................. $ 30,000 59 6 Sec. 88. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 59 7 There is appropriated from the administrative contribution 59 8 surcharge fund of the state to the department of employment 59 9 services for the fiscal year beginning July 1, 1996, and 59 10 ending June 30, 1997, the following amount, or so much thereof 59 11 as is necessary, for the purposes designated: 59 12 DIVISION OF JOB SERVICE 59 13 Notwithstanding section 96.7, subsection 12, paragraph "c", 59 14 for salaries, support, maintenance, conducting labor 59 15 availability surveys, miscellaneous purposes, and for not more 59 16 than the following full-time equivalent positions: 59 17 .................................................. $ 6,310,000 59 18 ............................................... FTEs 141.54 59 19 1. The department of employment services shall provide 59 20 services throughout the fiscal year beginning July 1, 1996, 59 21 and ending June 30, 1997, in all communities in which 59 22 workforce centers were operating on July 1, 1993. However, 59 23 this provision shall not prevent the consolidation of multiple 59 24 offices within the same city or the colocation of workforce 59 25 centers with another public agency. 59 26 2. The division of industrial services shall not reduce 59 27 the number of scheduled hearings of contested cases or 59 28 eliminate the venue of such hearings, as established by the 59 29 division for the period beginning January 1, 1996, and ending 59 30 January 20, 1997. The division shall also establish a 59 31 substantially similar schedule for such hearings for the 59 32 period beginning January 20, 1997, and ending June 30, 1997. 59 33 The division shall report to the legislative fiscal bureau 59 34 concerning any modification of the established schedule, or 59 35 any changes which the division determines are necessary in 60 1 establishing the schedule for the period beginning January 20, 60 2 1997, and ending June 30, 1997. 60 3 3. The division shall continue charging a $65 filing fee 60 4 for workers' compensation cases. The filing fee shall be paid 60 5 by the petitioner of a claim. However, the fee can be taxed 60 6 as a cost and paid by the losing party, except in cases where 60 7 it would impose an undue hardship or be unjust under the 60 8 circumstances. 60 9 Sec. 89. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 60 10 appropriated from the special employment security contingency 60 11 fund to the department of employment services for the fiscal 60 12 year beginning July 1, 1996, and ending June 30, 1997, the 60 13 following amounts, or so much thereof as is necessary, for the 60 14 purposes designated and subject to the requirement that the 60 15 appropriation to the division of labor services under this 60 16 section be fully funded from the special employment security 60 17 contingency fund prior to any amounts being used to fund the 60 18 appropriation made to the division of industrial services 60 19 under this section: 60 20 1. DIVISION OF LABOR SERVICES 60 21 For salaries, support, maintenance, and miscellaneous 60 22 purposes: 60 23 .................................................. $ 296,000 60 24 2. DIVISION OF INDUSTRIAL SERVICES 60 25 For salaries, support, maintenance, and miscellaneous 60 26 purposes: 60 27 .................................................. $ 175,000 60 28 Any additional penalty and interest revenue may be used to 60 29 accomplish the mission of the department. 60 30 Sec. 90. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 60 31 appropriated from the general fund of the state to the public 60 32 employment relations board for the fiscal year beginning July 60 33 1, 1996, and ending June 30, 1997, the following amount, or so 60 34 much thereof as is necessary, for the purposes designated: 60 35 For salaries, support, maintenance, miscellaneous purposes, 61 1 and for not more than the following full-time equivalent 61 2 positions: 61 3 .................................................. $ 777,164 61 4 ............................................... FTEs 12.80 61 5 Sec. 91. There is appropriated from the general fund of 61 6 the state to the Iowa finance authority for the fiscal year 61 7 beginning July 1, 1996, and ending June 30, 1997, the 61 8 following amount, or so much thereof as is necessary, to be 61 9 used for the purpose designated: 61 10 For deposit in the housing improvement fund created in 61 11 section 16.100 for purposes of the fund: 61 12 .................................................. $ 400,000 61 13 Sec. 92. There is allocated from the unobligated funds 61 14 remaining in the Wallace technology transfer foundation fund, 61 15 after the allocation in section 78, subsection 2, paragraph 61 16 "d", of this Act, on June 30, 1996, $100,000 for deposit in 61 17 the housing improvement fund created in section 16.100 for the 61 18 purposes of the fund. Any funds remaining shall not revert to 61 19 any fund, notwithstanding section 8.33. Unobligated funds 61 20 remaining on June 30, 1997, shall revert to the general fund 61 21 of the state. 61 22 Sec. 93. NEW SECTION. 15.113 ECONOMIC DEVELOPMENT 61 23 ASSISTANCE – REPORT. 61 24 In order for the general assembly to have accurate and 61 25 complete information regarding expenditures for economic 61 26 development and job training incentives and to respond to the 61 27 job training needs of Iowa workers, the department shall 61 28 provide to the legislative fiscal bureau by January 15 of each 61 29 year data on all assistance or benefits provided under the 61 30 community economic betterment program, the new jobs and income 61 31 program, and the Iowa industrial new jobs training Act during 61 32 the previous calendar year. The department shall meet with 61 33 the legislative fiscal bureau prior to submitting the data to 61 34 assure that its form and specificity are sufficient to provide 61 35 accurate and complete information to the general assembly. 62 1 The department shall also contact other state agencies 62 2 providing financial assistance to Iowa businesses and, to the 62 3 extent practical coordinate the submission of the data to the 62 4 legislative fiscal bureau. 62 5 Sec. 94. NEW SECTION. 15.114 MICROBUSINESS RURAL 62 6 ENTERPRISE ASSISTANCE. 62 7 1. As used in this section: 62 8 a. "Department" means the department of economic 62 9 development. 62 10 b. "Microbusiness" or "microbusiness enterprise" means a 62 11 business producing services with five or fewer full-time 62 12 equivalent employee positions and with assistance requirements 62 13 of not more than twenty-five thousand dollars. 62 14 c. "Microbusiness organization" means a nonprofit 62 15 corporation organized under chapter 504A which is exempt from 62 16 taxation pursuant to section 501(c) of the Internal Revenue 62 17 Code and which has a principal mission of actively engaging in 62 18 microbusiness development, training, technical assistance, and 62 19 capital access for the start-up or expansion of 62 20 microbusinesses. 62 21 2. The department shall contract with a microenterprise 62 22 organization actively engaged in microbusiness enterprise to 62 23 assist in the establishment of this program. In order to 62 24 qualify for the contract, the microenterprise organization 62 25 shall do all of the following: 62 26 a. Demonstrate a past performance of and a capacity to 62 27 successfully engage in microbusiness development. 62 28 b. Have a statewide commitment to and focus on 62 29 microbusiness development. 62 30 c. Provide training and technical assistance. 62 31 d. Demonstrate an ability to provide access to capital for 62 32 start-up or expansion of a microbusiness. 62 33 e. Have established linkages with financial institutions. 62 34 f. Demonstrate an ability to provide follow-up technical 62 35 assistance after a microbusiness start-up or expansion. 63 1 3. Moneys allocated pursuant to this section which remain 63 2 unexpended or unobligated at the end of a fiscal year shall 63 3 remain available to the department to support the assistance 63 4 program or may be credited to the value-added agricultural 63 5 products and processes financial assistance fund created in 63 6 section 15E.112 and shall not revert notwithstanding section 63 7 8.33. 63 8 4. The department shall submit a report in accordance with 63 9 section 7A.11 not later than November 1 of each year detailing 63 10 the activities of the microenterprise organization and 63 11 describing the success of the project. 63 12 Sec. 95. Section 15.313, subsection 2, Code 1995, is 63 13 amended by adding the following new paragraphs: 63 14 NEW PARAGRAPH. g. The entrepreneurs with disabilities 63 15 program, which provides technical and financial assistance to 63 16 help persons with disabilities become self-sufficient and 63 17 create additional employment opportunities by establishing or 63 18 expanding small business ventures. 63 19 NEW PARAGRAPH. h. The job opportunities for persons with 63 20 disabilities program, which provides service and technical 63 21 assistance to rehabilitation organizations or agencies that 63 22 create, expand, or spin off business ventures for persons with 63 23 disabilities. 63 24 Sec. 96. NEW SECTION. 15A.4 COMPETITIVE PROGRAMS – GOOD 63 25 NEIGHBOR AGREEMENT – ADDITIONAL CONSIDERATION. 63 26 For any program providing financial assistance for economic 63 27 development in which the assistance is provided on a 63 28 competitive basis, a business which enters into a good 63 29 neighbor agreement shall receive extra consideration of at 63 30 least ten points or the equivalent. A good neighbor agreement 63 31 is an enforceable contract between the business and a 63 32 community group or coalition of community groups which 63 33 requires the business to adhere to negotiated environmental, 63 34 economic, labor, or other social and community standards. 63 35 A business which fails to abide by the good neighbor 64 1 agreement shall repay all financial assistance received under 64 2 the program. 64 3 Sec. 97. Section 15E.112, subsection 1, Code 1995, is 64 4 amended to read as follows: 64 5 1. A value-added agricultural products and processes 64 6 financial assistance fund is created within the state treasury 64 7 under the control of the department. The fund shall consist 64 8 of any money appropriated by the general assembly and any 64 9 other moneys available to and obtained or accepted by the 64 10 department from the federal government or private sources for 64 11 placement in the fund.Until July 1, 2000, moneys shall be64 12deposited in the fund as provided in section 423.24. Not more64 13than one percent of the total moneys available to support64 14value-added agricultural products and processes pursuant to64 15section 423.24 during each quarter shall be used by the64 16department for administration of the value-added agricultural64 17products and processes financial assistance program, as64 18provided in section 15E.111.The assets of the fund shall be 64 19 used by the department only for carrying out the purposes of 64 20 section 15E.111. 64 21 Sec. 98. For the fiscal year beginning July 1, 1996, and 64 22 ending June 30, 1997, section 15.343, subsection 2, paragraph 64 23 "d", as amended in Senate File 2351, if enacted, shall be 64 24 available for the funding of innovative training and career 64 25 opportunity programming for minorities, provided such funding 64 26 is matched on a dollar-for-dollar basis by a participating 64 27 community college. 64 28 Sec. 99. Notwithstanding sections 15.108, 15.224 through 64 29 15.230, 15.347, 15.348, and 239.22, the department of 64 30 employment services shall administer the following programs: 64 31 job training partnership Act, Iowa conservation corps, 64 32 americorps, mentoring for promise jobs, food stamp employment 64 33 and training, and the labor/management co-op programs. 64 34 Sec. 100. FEDERAL GRANTS. All federal grants to and the 64 35 federal receipts of agencies appropriated funds under this 65 1 Act, not otherwise appropriated, are appropriated for the 65 2 purposes set forth in the federal grants or receipts unless 65 3 otherwise provided by the general assembly. 65 4 DIVISION X 65 5 SPECIAL REGISTRATION PLATES – SURVIVING SPOUSE 65 6 Sec. 101. The state department of transportation shall 65 7 allow the surviving spouse of a person who was issued prisoner 65 8 of war plates pursuant to section 321.34, subsection 8, to 65 9 continue to use the special plates, subject to registration of 65 10 the special plates in the surviving spouse's name and upon 65 11 payment of the annual registration fee. If the surviving 65 12 spouse remarries, the surviving spouse shall return the 65 13 special plates to the department and the department shall 65 14 issue regular registration plates to the surviving spouse. 65 15 This division of this Act, being deemed of immediate 65 16 importance, takes effect upon enactment. 65 17 DIVISION XI 65 18 COUNTY PROVISIONS 65 19 Sec. 102. Section 331.424, subsection 1, paragraph a, 65 20 subparagraph (1), Code Supplement 1995, is amended to read as 65 21 follows: 65 22 (1) The costs of inpatient or outpatient substance abuse 65 23 admission, commitment, transportation, care, and treatment at 65 24 any of the following: 65 25 (a)Care and treatment of persons at theThe alcoholic 65 26 treatment center at Oakdale. However, the county may require 65 27 that an admission to the center shall be reported to the board 65 28 by the center within five days as a condition of the payment 65 29 of county funds for that admission. 65 30 (b) A state mental health institute, or a community-based 65 31 public or private facility or service. 65 32 Sec. 103. Section 331.424A, subsection 4, Code Supplement 65 33 1995, as amended by 1996 Iowa Acts, Senate File 2030, section 65 34 1, is amended to read as follows: 65 35 4. For the fiscal year beginning July 1, 1996, and for 66 1 each subsequent fiscal year, the county shall certify a levy 66 2 for payment of services.Unless otherwise provided by state66 3law, forFor each fiscal year, county revenues from taxes 66 4 imposed by the county credited to the services fund shall not 66 5 exceed an amount equal to the amount of base year expenditures 66 6 for services as defined in section 331.438, less the amount of 66 7 property tax relief to be received pursuant to section 426B.2, 66 8 subsections 1 and 3, in the fiscal year for which the budget 66 9 is certified. The county auditor and the board of supervisors 66 10 shall reduce the amount of the levy certified for the services 66 11 fund by the amount of property tax relief to be received. A 66 12 levy certified under this section is not subject to the appeal 66 13 provisions of sections 331.426 and 444.25B or to any other 66 14 provision in law authorizing a county to exceed, increase, or 66 15 appeal a property tax levy limit. 66 16 Sec. 104. Section 426B.1, Code Supplement 1995, is amended 66 17 by adding the following new subsection: 66 18 NEW SUBSECTION. 3. There is annually appropriated from 66 19 the property tax relief fund to the department of human 66 20 services to supplement the medical assistance appropriation 66 21 for the fiscal year beginning July 1, 1997, and for succeeding 66 22 fiscal years, six million six hundred thousand dollars to be 66 23 used for the nonfederal share of the costs of services 66 24 provided to minors with mental retardation under the medical 66 25 assistance program to meet the requirements of section 66 26 249A.12, subsection 4. The appropriation in this subsection 66 27 shall be charged to the property tax relief fund prior to the 66 28 distribution of moneys from the fund under section 426B.2 and 66 29 the amount of moneys available for distribution shall be 66 30 reduced accordingly. However, the appropriation in this 66 31 subsection shall be considered to be a property tax relief 66 32 payment for purposes of the combined amount of payments 66 33 required to achieve fifty percent of the counties' base year 66 34 expenditures as provided in section 426B.2, subsection 3. 66 35 Sec. 105. Section 444.25A, subsection 2, paragraph e, 67 1 unnumbered paragraph 2, Code Supplement 1995, is amended to 67 2 read as follows: 67 3 For purposes of this paragraph, the price index for 67 4 government purchases by type for state and local governments 67 5 is defined by the bureau of economic analysis of the United 67 6 States department of commerce and published in table 7.11 of 67 7 the national income and products accounts. For the fiscal 67 8 years beginning July 1, 1995, and July 1, 1996, the price 67 9 index used shall be the revision published in the November 67 10 1994 and November 1995 issues, respectively, of the United 67 11 States department of commerce publication, "survey of current 67 12 business". For purposes of this paragraph, tax dollars levied 67 13 in the fiscal years beginning July 1, 1994, and July 1, 1995, 67 14 shall not include funds levied for paragraphs "a", "b", and 67 15 "c", and "d" of this subsection. 67 16 Sec. 106. Section 444.25B, subsection 1, unnumbered 67 17 paragraph 1, Code Supplement 1995, is amended to read as 67 18 follows: 67 19 The maximum amount of property tax dollars which may be 67 20 certified by a county for taxes payable in the fiscal year 67 21 beginning July 1, 1997, shall not exceed the amount of 67 22 property tax dollars certified by the county for taxes payable 67 23 in the fiscal year beginning July 1, 1996,minus the amount by67 24which the property tax relief moneys to be received by the67 25county in the fiscal year beginning July 1, 1997, pursuant to67 26section 426B.2, subsections 1 and 3, exceed the amount of the67 27property tax relief moneys received in the fiscal year67 28beginning July 1, 1996,for each of the levies for the 67 29 following, except for the levies on the increase in taxable 67 30 valuation due to new construction, additions or improvements 67 31 to existing structures, remodeling of existing structures for 67 32 which a building permit is required, annexation, and phasing 67 33 out of tax exemptions, and on the increase in valuation of 67 34 taxable property as a result of a comprehensive revaluation by 67 35 a private appraiser under a contract entered into prior to 68 1 January 1, 1992, or as a result of a comprehensive revaluation 68 2 directed or authorized by the conference board prior to 68 3 January 1, 1992, with documentation of the contract, 68 4 authorization, or directive on the revaluation provided to the 68 5 director of revenue and finance, if the levies are equal to or 68 6 less than the levies for the previous year, levies on that 68 7 portion of the taxable property located in an urban renewal 68 8 project the tax revenues from which are no longer divided as 68 9 provided in section 403.19, subsection 2, or as otherwise 68 10 provided in this section: 68 11 Sec. 107. Section 444.25B, subsection 2, Code Supplement 68 12 1995, is amended by adding the following new paragraph after 68 13 paragraph d and relettering the subsequent paragraph: 68 14 NEW PARAGRAPH. dd. Mental health, mental retardation, and 68 15 developmental disabilities services fund under section 68 16 331.424A. 68 17 Sec. 108. Section 444.25B, subsection 2, paragraph e, 68 18 unnumbered paragraphs 1 and 2, Code Supplement 1995, are 68 19 amended to read as follows: 68 20 Unusual need for additional moneys to finance existing 68 21 programs which would provide substantial benefit to county 68 22 residents or compelling need to finance new programs which 68 23 would provide substantial benefit to county residents. The 68 24 increase in taxes levied under this exception for the fiscal 68 25 year beginning July 1, 1997, is limited to no more than the 68 26 product of the total tax dollars levied in the fiscal year 68 27 beginning July 1, 1996, and the percent change, computed to 68 28 two decimal places,in the price index for government68 29purchases by type for state and local governments computed68 30 between the preliminary price index for the third quarter of 68 31 calendar year 1996from that computedand the revised price 68 32 index for the third quarter of calendar year 1995 as published 68 33 in the same issue in which the preliminary 1996 third quarter 68 34 price index is first published. 68 35For purposes of this paragraph, the price index for69 1government purchases by type for state and local governments69 2is defined by the bureau of economic analysis of the United69 3States department of commerce and published in table 7.11 of69 4the national income and products accounts.For the fiscal 69 5 year beginning July 1, 1997, the price index used shall be the 69 6revision published in the November 1996 edition of the United69 7States department of commerce publication, "survey of current69 8business"state and local government chain-type price index 69 9 used in the quantity and price indexes for gross domestic 69 10 product, as published by the bureau of economic analysis of 69 11 the United States department of commerce in the national 69 12 income and products accounts as published in "survey of 69 13 current business". For purposes of this paragraph, tax 69 14 dollars levied in the fiscal year beginning July 1, 1996, 69 15 shall not include funds levied for paragraphs "a", "b",and69 16 "c", "d", and "dd" of this subsection. 69 17 Sec. 109. Section 444.25B, Code Supplement 1995, is 69 18 amended by adding the following new subsection: 69 19 NEW SUBSECTION. 5. MH/MR/DD LEVY ADJUSTMENT. A county 69 20 which did not certify the maximum levy authorized for the 69 21 county's mental health, mental retardation, and developmental 69 22 disabilities services fund under section 331.424A, subsection 69 23 4, for the fiscal year beginning July 1, 1996, may certify up 69 24 to the maximum authorized levy under the services fund for the 69 25 fiscal year beginning July 1, 1997. However, any amount of 69 26 increase in the certified services fund levy under this 69 27 subsection over the amount certified for the services fund in 69 28 the previous fiscal year shall be offset by an equivalent 69 29 decrease in the amount certified by the county for general 69 30 county services. 69 31 Sec. 110. EFFECTIVE DATE. Section 102 of this division of 69 32 this Act, relating to substance abuse treatment costs, being 69 33 deemed of immediate importance, takes effect upon enactment. 69 34 SF 2470 69 35 jp/cc/26
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