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Text: SSB00370                          Text: SSB00372
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Senate Study Bill 371

Conference Committee Text

PAG LIN
  1  1                           DIVISION I
  1  2                STANDING AND OTHER APPROPRIATIONS
  1  3    Section 1.  For the fiscal year beginning July 1, 1995, and
  1  4 ending June 30, 1996, the appropriation made to the department
  1  5 of education for the educational excellence program pursuant
  1  6 to section 294A.25, subsection 1, shall be increased by
  1  7 $5,000.
  1  8    Sec. 2.  Section 294A.25, subsection 1, Code 1995, is
  1  9 amended to read as follows:
  1 10    1.  For the fiscal year beginning July 1, 1990, there is
  1 11 appropriated from the general fund of the state to the
  1 12 department of education the amount of ninety-two million one
  1 13 hundred thousand eighty-five dollars to be used to improve
  1 14 teacher salaries.  For each fiscal year in the fiscal period
  1 15 commencing July 1, 1991, and ending June 30, 1993, there is
  1 16 appropriated an amount equal to the amount appropriated for
  1 17 the fiscal year beginning July 1, 1990, plus an amount
  1 18 sufficient to pay the costs of the additional funding provided
  1 19 for school districts and area education agencies under
  1 20 sections 294A.9 and 294A.14.  For each fiscal year beginning
  1 21 on or after July 1, 1993 1995, there is appropriated the sum
  1 22 which was appropriated for the previous fiscal year commencing
  1 23 July 1, 1992, including supplemental payments.  The moneys
  1 24 shall be distributed as provided in this section.
  1 25    Sec. 3.  OKLAHOMA VICTIM ASSISTANCE.  There is appropriated
  1 26 from the victim compensation fund established under section
  1 27 912.14 to the department of justice for the fiscal year
  1 28 beginning July 1, 1994, and ending June 30, 1995, the amount
  1 29 of $100,000 to be transferred to the state of Oklahoma victim
  1 30 assistance fund to be used to provide compensation to the
  1 31 victims of the April 19, 1995, bombing of the Murrah federal
  1 32 building in Oklahoma City, Oklahoma.
  1 33    Sec. 4.  Section 421.31, subsection 11, if enacted by 1995
  1 34 Iowa Acts, Senate File 475, is amended by adding the following
  1 35 new unnumbered paragraph:
  2  1    NEW UNNUMBERED PARAGRAPH.  There is annually appropriated
  2  2 from the general fund of the state to the department of
  2  3 revenue and finance an amount sufficient to pay interest costs
  2  4 that may be due the federal government as a result of
  2  5 implementation of the federal law.  Nothing in this paragraph
  2  6 authorizes the payment of interest from the general fund of
  2  7 the state for any departmental revolving, trust, or special
  2  8 fund where monthly interest earnings accrue to the credit of
  2  9 the departmental revolving, trust, or special fund.  For any
  2 10 departmental revolving, trust, or special fund where monthly
  2 11 interest is accrued to the credit of the fund, the director
  2 12 may authorize a supplemental expenditure to pay interest costs
  2 13 from the individual fund which are due the federal government
  2 14 as a result of implementation of the federal law.
  2 15    Sec. 5.  Sections 3 and 4 of this division of this Act,
  2 16 being deemed of immediate importance, take effect upon
  2 17 enactment.  
  2 18                           DIVISION II
  2 19           EDUCATION FINANCES &endash; CONTINGENT PROVISION
  2 20    Sec. 6.  AT-RISK CHILDREN.  For the fiscal year beginning
  2 21 July 1, 1995, and ending June 30, 1996, the appropriation made
  2 22 to the department of education pursuant to section 279.51,
  2 23 subsection 1, shall be increased by $5,000,000 to be allocated
  2 24 as provided in section 279.51, subsection 1, paragraph "b",
  2 25 for four-year old at-risk children programs.
  2 26    Sec. 7.  CONTINGENT APPROPRIATION.  If the actual taxable
  2 27 valuation of real property located in this state, based upon
  2 28 January 1, 1994, assessments, which is used in the computation
  2 29 of property taxes payable in the fiscal year beginning July 1,
  2 30 1995, increases from the estimate of such taxable valuation,
  2 31 the amount of the reduction in state foundation aid under
  2 32 section 257.1 as a result of such increase in taxable
  2 33 valuation shall be used to fund section 6 of this division of
  2 34 this Act.  If the amount of the reduction in state foundation
  2 35 aid is insufficient to fully fund the increase set out in
  3  1 section 6 of this division of this Act, section 6 shall be
  3  2 funded only to the extent of the reduction.
  3  3    Sec. 8.  CONTINGENT EFFECTIVE DATE.  Section 6 of this
  3  4 division of this Act takes effect upon the enactment of
  3  5 section 7.  
  3  6                          DIVISION III
  3  7                    MISCELLANEOUS PROVISIONS
  3  8    Sec. 9.  1994 Iowa Acts, chapter 1193, sections 2, 4, and
  3  9 35, are repealed.
  3 10    Sec. 10.  SPECIAL FUNDS &endash; SPECIAL AUTHORIZATION FOR GAAP
  3 11 SALARY ACCRUAL.  The department of management may authorize
  3 12 supplemental expenditures for the fiscal year beginning July
  3 13 1, 1994, in amounts necessary to accrue salaries in accordance
  3 14 with generally accepted accounting principles, for those
  3 15 departmental revolving, trust, or special funds which are not
  3 16 part of the general fund of the state and for which the
  3 17 general assembly has established an operating budget.
  3 18    Sec. 11.  Section 8.57, subsection 1, paragraph a, Code
  3 19 1995, is amended by striking the paragraph and inserting in
  3 20 lieu thereof the following:
  3 21    a.  The "cash reserve goal percentage" for fiscal years
  3 22 beginning on or after July 1, 1995, is five percent of the
  3 23 adjusted revenue estimate.  For each fiscal year beginning on
  3 24 or after July 1, 1995, in which the appropriation of the
  3 25 surplus existing in the general fund of the state at the
  3 26 conclusion of the prior fiscal year pursuant to paragraph "b"
  3 27 was not sufficient for the cash reserve fund to reach the cash
  3 28 reserve goal percentage for the current fiscal year, there is
  3 29 appropriated from the general fund of the state an amount to
  3 30 be determined as follows:
  3 31    (1)  If the balance of the cash reserve fund in the current
  3 32 fiscal year is not more than four percent of the adjusted
  3 33 revenue estimate for the current fiscal year, the amount of
  3 34 the appropriation under this lettered paragraph is one percent
  3 35 of the adjusted revenue estimate for the current fiscal year.
  4  1    (2)  If the balance of the cash reserve fund in the current
  4  2 fiscal year is more than four percent but less than five
  4  3 percent of the adjusted revenue estimate for that fiscal year,
  4  4 the amount of the appropriation under this lettered paragraph
  4  5 is the amount necessary for the cash reserve fund to reach
  4  6 five percent of the adjusted revenue estimate for the current
  4  7 fiscal year.
  4  8    (3)  The moneys appropriated under this lettered paragraph
  4  9 shall be credited in equal and proportionate amounts in each
  4 10 quarter of the current fiscal year.
  4 11    Sec. 12.  Section 8.57, subsection 1, paragraph b, Code
  4 12 1995, is amended to read as follows:
  4 13    b.  Commencing June 30, 1993, the The surplus existing in
  4 14 the general fund of the state at the conclusion of the fiscal
  4 15 year is appropriated for distribution in the succeeding fiscal
  4 16 year as provided in this section subsections 2 and 3.  Moneys
  4 17 credited to the cash reserve fund from the appropriation made
  4 18 in this paragraph shall not exceed the amount necessary for
  4 19 the cash reserve fund to reach the cash reserve goal
  4 20 percentage for the succeeding fiscal year.  As used in this
  4 21 paragraph, "surplus" means the excess of revenues and other
  4 22 financing sources over expenditures and other financing uses
  4 23 for the general fund of the state in a fiscal year.
  4 24    Sec. 13.  Section 257.11, subsection 2, unnumbered
  4 25 paragraph 1, Code 1995, is amended to read as follows:
  4 26    If the school budget review committee certifies to the
  4 27 department of management that the shared classes or teachers
  4 28 would otherwise not be implemented without the assignment of
  4 29 additional weighting, pupils attending classes in another
  4 30 school district or a community college, attending classes
  4 31 taught by a teacher who is employed jointly under section
  4 32 280.15, or attending classes taught by a teacher who is
  4 33 employed by another school district, are assigned a weighting
  4 34 of one plus an additional portion equal to one times the
  4 35 percent of the pupil's school day during which the pupil
  5  1 attends classes in another district or community college,
  5  2 attends classes taught by a teacher who is jointly employed
  5  3 under section 280.15, or attends classes taught by a teacher
  5  4 who is employed by another school district.  A pupil attending
  5  5 a class in which students from one or more other school
  5  6 districts are enrolled and the class is taught via the Iowa
  5  7 communications network is not deemed to be attending a class
  5  8 in another school district for the purposes of this subsection
  5  9 and the school district is not eligible for additional
  5 10 weighting for that class under this subsection.
  5 11    Sec. 14.  Section 279.51, subsection 1, unnumbered
  5 12 paragraph 1, Code 1995, is amended to read as follows:
  5 13    There is appropriated from the general fund of the state to
  5 14 the department of education for the fiscal year beginning July
  5 15 1, 1990, the sum of eight million seven hundred thousand
  5 16 dollars.  For each fiscal year beginning on or after July 1,
  5 17 1993 1995, there is appropriated the sum which was
  5 18 appropriated for the fiscal year commencing July 1, 1992 1994.
  5 19    Sec. 15.  Section 285.1, subsection 1, paragraph c, Code
  5 20 1995, is amended to read as follows:
  5 21    c.  Children attending prekindergarten programs offered or
  5 22 sponsored by the district or nonpublic school and approved by
  5 23 the department of education or department of human services
  5 24 may be provided transportation services.  However,
  5 25 transportation services provided nonpublic school children are
  5 26 not eligible for reimbursement under this chapter.
  5 27    Sec. 16.  Sections 9 and 10 of this division of this Act,
  5 28 being deemed of immediate importance, take effect upon
  5 29 enactment.  
  5 30                           DIVISION IV
  5 31                  AMENDMENTS TO 1995 IOWA ACTS
  5 32    Sec. 17.  REPEALS.  1995 Iowa Acts, Senate File 278,
  5 33 sections 8 and 9, are repealed.
  5 34    Sec. 18.  If enacted, 1995 Iowa Acts, House File 203,
  5 35 section 5, subsection 2, is amended to read as follows:
  6  1    2.  Study the costs of training provided to executive
  6  2 directors of county commissions of veteran affairs under
  6  3 section 35A.3, subsection 12.  The commission shall submit a
  6  4 report of its findings and recommendations to the general
  6  5 assembly by January 1, 1996.
  6  6    Sec. 19.  EFFECTIVE DATE.  This division of this Act, being
  6  7 deemed of immediate importance, takes effect upon enactment.  
  6  8                           DIVISION V
  6  9                  AMENDMENTS TO 1995 IOWA ACTS
  6 10    Sec. 20.  Section 142C.13, as enacted by 1995 Iowa Acts,
  6 11 Senate File 117, section 13, is amended to read as follows:
  6 12    142C.13  TRANSITIONAL PROVISIONS.
  6 13    This chapter applies to a document of gift, revocation, or
  6 14 refusal to make an anatomical gift signed by the donor or a
  6 15 person authorized to make or object to the making of an
  6 16 anatomical gift on or after July 1, 1995.  A document of gift,
  6 17 revocation, or refusal to make an anatomical gift pursuant to
  6 18 the law in effect prior to July 1, 1995, shall not be affected
  6 19 by the provisions of this chapter.
  6 20    Sec. 21.  Section 147A.28, as enacted by 1995 Iowa Acts,
  6 21 Senate File 118, section 9, is amended to read as follows:
  6 22    147A.28  PROHIBITED ACTS.
  6 23    A hospital or emergency care facility that imparts or
  6 24 conveys, or causes to be imparted or conveyed, that it is a
  6 25 trauma care facility, or that uses any other term to indicate
  6 26 or imply that the hospital or emergency care facility is a
  6 27 trauma care facility without having obtained a certificate of
  6 28 verification under this division is subject to a civil penalty
  6 29 not to exceed one hundred dollars per day for each offense.
  6 30 In addition, the director may apply to the district court for
  6 31 a writ of injunction to restrain the use of the term "trauma
  6 32 health care facility".  However, nothing in this division
  6 33 shall be construed to restrict a hospital or emergency
  6 34 facility from providing any services for which it is duly
  6 35 authorized.
  7  1    Sec. 22.  Section 196A.17, Code 1995, is amended to read as
  7  2 follows:
  7  3    196A.17  ADMINISTRATION OF MONEYS.
  7  4    Subject to the provisions of section 196A.15, the tax
  7  5 assessment imposed by this chapter shall be remitted by the
  7  6 purchaser to the Iowa egg council not later than thirty days
  7  7 following each calendar quarter during which the tax
  7  8 assessment was collected.  Amounts collected from the tax
  7  9 assessment shall be deposited in the office of the treasurer
  7 10 of state in a separate fund to be known as the Iowa egg fund.
  7 11 The department of revenue and finance shall transfer moneys
  7 12 from the fund to the council for deposit into an account
  7 13 established by the council in a qualified financial
  7 14 institution.  The department shall transfer the moneys as
  7 15 provided in a resolution adopted by the council.  However, the
  7 16 department is only required to transfer moneys once during
  7 17 each day and only during hours when the offices of the state
  7 18 are open.
  7 19    Sec. 23.  Section 252J.4, subsection 4, paragraph b, if
  7 20 enacted by 1995 Iowa Acts, Senate File 431, section 4, is
  7 21 amended to read as follows:
  7 22    b.  The unit finds a mistake in determining that the amount
  7 23 of delinquent support is equal to or greater than one month
  7 24 ninety days.
  7 25    Sec. 24.  Section 252J.6, subsection 3, paragraph b, if
  7 26 enacted by 1995 Iowa Acts, Senate File 431, section 6, is
  7 27 amended to read as follows:
  7 28    b.  The unit or the court finds a mistake in determining
  7 29 that the amount of delinquent support due is equal to or
  7 30 greater than one month ninety days.
  7 31    Sec. 25.  Section 455D.3, subsection 3, paragraph c, Code
  7 32 1995, as amended by 1995 Iowa Acts, House File 289, section 2,
  7 33 and relettered as paragraph "b" is amended to read as follows:
  7 34    If at any time the department determines that a planning
  7 35 area has met or exceeded the fifty percent goal, the planning
  8  1 area shall subtract fifty cents from the total amount of the
  8  2 tonnage fee imposed pursuant to section 455B.310, subsection
  8  3 2.  This amount shall be in addition to any amounts amount
  8  4 subtracted pursuant to paragraphs paragraph "a" and "b" of
  8  5 this subsection.  The reduction in tonnage fees pursuant to
  8  6 this paragraph shall be taken from that portion of the tonnage
  8  7 fees which would have been allocated to funding alternatives
  8  8 to landfills pursuant to section 455E.11, subsection 2,
  8  9 paragraph "a", subparagraph (1).
  8 10    Sec. 26.  Section 514C.3A, subsection 1, unnumbered
  8 11 paragraph 1, as enacted by 1995 Iowa Acts, House File 139,
  8 12 section 1, is amended to read as follows:
  8 13    An individual or group policy of accident or health
  8 14 insurance or individual or group hospital or health care
  8 15 service contract issued pursuant to chapter 509, 514, or 514A,
  8 16 and delivered, amended, or renewed on or after July 1, 1996
  8 17 1995, that provides dental care benefits with a base payment
  8 18 for those benefits determined upon a usual and customary fee
  8 19 charged by licensed dentists, shall disclose all of the
  8 20 following:
  8 21    Sec. 27.  Section 537.1302, Code 1995, as amended by 1995
  8 22 Iowa Acts, Senate File 175, is amended to read as follows:
  8 23    537.1302  DEFINITION &endash; TRUTH IN LENDING ACT.
  8 24    As used in this chapter, "Truth in Lending Act" means title
  8 25 1 of the Consumer Credit Protection Act, in subchapter 1 of 41
  8 26 15 U.S.C. title 15 chapter 41, as amended to and including
  8 27 January 1, 1995, and includes regulations issued pursuant to
  8 28 that Act prior to January 1, 1995.
  8 29    Sec. 28.  Section 709C.12, if enacted by 1995 Iowa Acts,
  8 30 Senate File 432, is amended to read as follows:
  8 31    709C.12  EFFECTIVE DATE.
  8 32    This chapter takes effect July 1, 1996 1997, and applies to
  8 33 persons convicted of a sexually violent offense on or after
  8 34 July 1, 1997.
  8 35    Sec. 29.  If enacted, 1995 Iowa Acts, Senate File 462,
  9  1 section 3, subsection 13, is amended to read as follows:
  9  2    13.  The department shall amend the department's current
  9  3 home and community-based waivers under medical assistance to
  9  4 include "consumer directed attendant care" as allowed by
  9  5 federal regulation.  The department shall also develop and
  9  6 implement a new home and community-based waiver for persons
  9  7 with physical disabilities as a means to further develop the
  9  8 personal assistance services program under section 225C.46.
  9  9 The waiver shall not be implemented in a manner which would
  9 10 require additional county or state costs for assistance
  9 11 provided to an individual served under the waiver.  A waiver
  9 12 amended, developed, or implemented pursuant to this subsection
  9 13 shall be consistent with the provisions of the appropriation
  9 14 in this Act for a personal assistance services pilot project
  9 15 and the provisions of chapter 255C 225C relating to personal
  9 16 assistance services.
  9 17    Sec. 30.  If enacted, 1995 Iowa Acts, Senate File 69,
  9 18 section 35, is amended to read as follows:
  9 19    SEC. 35.  FISCAL YEAR 1996 RELIEF FUND PAYMENT.
  9 20 Notwithstanding 1995 Iowa Acts, House File 132, section 13,
  9 21 the appropriation in that section shall not be made from the
  9 22 general fund of the state but shall be made from the property
  9 23 tax relief fund created in section 426B.1, as enacted by this
  9 24 Act.  Notwithstanding section 426B.2, subsection 2 1, as
  9 25 enacted by this Act, for the fiscal year beginning July 1,
  9 26 1995, the amount of moneys distributed under that subsection
  9 27 shall be $54.4 million.
  9 28    Sec. 31.  REPEAL.  1995 Iowa Acts, Senate File 439, section
  9 29 2, is repealed.  
  9 30                           EXPLANATION
  9 31    DIVISION I:  Increases the standing appropriation for the
  9 32 educational excellence program for Phase II to keep the per
  9 33 pupil allocation constant, sets the standing appropriation for
  9 34 the educational excellence program at the sum appropriated for
  9 35 the previous year, including supplemental payments;
 10  1 appropriates $100,000 from the victim compensation fund to be
 10  2 transferred to the state of Oklahoma's victim compensation
 10  3 fund for purposes of assisting victims of the Oklahoma City
 10  4 bombing; and provides a standing unlimited appropriation to
 10  5 pay interest costs due the federal government pursuant to the
 10  6 federal Cash Management Improvement Act.
 10  7    DIVISION II:  Appropriates up to $5,000,000 for four-year
 10  8 old at-risk children programs contingent upon the state paying
 10  9 less in school aid because of the increase in taxable property
 10 10 valuations over estimates.
 10 11    DIVISION III:  Repeals appropriations made during the 1994
 10 12 Session for the fiscal year beginning July 1, 1995, to
 10 13 community colleges for the late personal property tax
 10 14 replacement payments and to school districts for the late
 10 15 vocational education aid payments because these are scheduled
 10 16 to be funded from the GAAP deficit reduction account.  The
 10 17 division allows the department of management to authorize
 10 18 supplemental expenditures for the 1994-1995 fiscal year which
 10 19 are necessary to accrue salaries under GAAP; sets the cash
 10 20 reserve percentage at 5 percent for the 1995-1996 fiscal year
 10 21 and succeeding fiscal years; provides that students from two
 10 22 or more districts that attend class taught via ICN are not
 10 23 sharing classes for purposes of supplemental weighting under
 10 24 the state school foundation aid program; increases the
 10 25 standing limited appropriation to the school-based youth
 10 26 services education program at the 1994-1995 fiscal year level
 10 27 and allows school districts to provide prekindergarten
 10 28 nonpublic school children transportation services but will not
 10 29 be reimbursed for doing so.
 10 30    DIVISION IV:  Makes corrective amendments to 1995 Iowa Acts
 10 31 that are effective upon enactment.  These include repealing
 10 32 two sections in Senate File 278, relating to ostriches, rheas,
 10 33 and emus, and adding the complete reference relating to the
 10 34 study of costs of training executive directors of county
 10 35 commissions of veteran affairs.
 11  1    DIVISION V:  Makes corrective amendments to 1995 Iowa Acts
 11  2 which are not effective upon enactment.  These include
 11  3 specifying that documents of gift in effect prior to the
 11  4 effective date of the anatomical gift Act enacted in Senate
 11  5 File 117 are not affected by the provisions of the Act;
 11  6 changes the reference in section 147A.28 from "trauma health
 11  7 facility" to "trauma care facility" to conform with other
 11  8 references in Senate File 118; makes conforming amendments to
 11  9 sections 252J.4 and 252J.6 as enacted in Senate File 431
 11 10 relating to delinquent child support obligors; changing the
 11 11 reference in section 196A.17 to the excise tax which is
 11 12 imposed by the egg council to call it an assessment; amends
 11 13 section 455D.3, relating to tonnage fees to correct an
 11 14 internal reference; revises a date in section 514C.3A if
 11 15 enacted in House File 139 to July 1, 1995, after which
 11 16 insurance companies and nonprofit health service corporations
 11 17 are required to disclose methods used to determine usual fees
 11 18 for dental care coverage in the state; corrects a cite to the
 11 19 federal Truth in Lending Act in the Iowa consumer credit code;
 11 20 makes the effective date in section 709C.12, relating to
 11 21 sexually violent predators to July 1, 1997, since the Act
 11 22 applies to persons convicted of a sexually violent offense on
 11 23 or after that date; repeals the section of the Act relating to
 11 24 penalties for false emergency 911 calls that conditions the
 11 25 effectiveness of the Act to an appropriation to fund any state
 11 26 mandate which might be in the bill, and corrects a wrong
 11 27 reference in Senate File 69 relating to property tax relief
 11 28 distributions.
 11 29    The bill includes effective and applicability date
 11 30 provisions.  
 11 31 LSB 2665SC 76
 11 32 mg/cf/24.2
     

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