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One hundred fourteenth Calendar Day - Seventy-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 30, 1996 The House met pursuant to adjournment at 9:07 a.m., Speaker Corbett in the chair. Prayer was offered by Mark Vander Tuig, Lutheran Church of the Cross, Altoona. The Journal of Monday, April 29, 1996 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Blodgett of Cerro Gordo and Harrison of Scott, both on request of Siegrist of Pottawattamie. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 29, 1996, appointed the conference committee to House File 2387, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, and the members of the Senate are: The Senator from Pottawattamie, Senator Gronstal, Chair; the Senator from Boone, Senator Sorensen; the Senator from Polk, Senator Dearden; the Senator from Clinton, Senator Rittmer and the Senator from Muscatine, Senator Drake. Also: That the Senate has on April 29, 1996, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 2497, a bill for an act relating to the compensation and benefits for public officials and employees and making appropriations. Also: That the Senate has on April 29, 1996, passed the following bill in which the concurrence of the Senate was asked: House File 2500, a bill for an act providing for the modification or termination of certain testamentary trusts by the court. Also: That the Senate has on April 29, 1996, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2147, a bill for an act increasing the membership of the Iowa telecommunications and technology commission. Also: That the Senate has on April 29, 1996, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 106, a Senate concurrent resolution commemorating the veterans of the United States armed forces who fought and won the Battle of the Bulge during World War II. JOHN F. DWYER, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 2458) Dinkla of Guthrie called up for consideration the report of the conference committee on House File 2458 and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2458 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 2458, a bill for An Act relating to the right to appointed counsel or a public defender, by relating to the eligibility for certain indigents, the recovery of defense costs, and by restricting the right to counsel for certain parents in child in need of assistance cases, respectfully make the following report: 1. That the House recedes from its amendment, S-5816. 2. That the Senate recedes from its amendment, H-5922. 3. That House File 2458, as amended, passed, and reprinted by the House, is amended to read as follows: 1. Page 1, by inserting after line 16 the following: "Sec. ___. Section 216A.136, unnumbered paragraph 1, as enacted by 1996 Iowa Acts, House File 2448, section 2, if enacted, is amended to read as follows: The division shall maintain an Iowa statistical analysis center for the purpose of coordinating with data resource agencies to provide data and analytical information to federal, state, and local governments, and assist agencies in the use of criminal and juvenile justice data. Notwithstanding any other provision of state law, unless prohibited by federal law or regulation, the division shall be granted access, for purposes of research and evaluation, to criminal history records, official juvenile court records, juvenile court social records, and any other data collected or under control of the board of parole, department of corrections, district departments of correctional services, department of human services, judicial department, and department of public safety. However, intelligence data and peace officer investigative reports maintained by the department of public safety shall not be considered data for the purposes of this section. Any record, data, or information obtained by the division under this section and the division itself are subject to the federal and state confidentiality laws and regulations which are applicable to the original record, data, or information obtained by the division and to the original custodian of the record, data, or information. The access shall include but is not limited to all of the following: Sec. . Section 216A.136, subsection 4, as enacted by 1996 Iowa Acts, House File 2448, section 2, if enacted, is amended to read as follows: 4. Criminal historyand intelligencedata maintained under chapter 692." 2. By striking page 4, line 28, through page 5, line 12. 3. Page 5, by inserting before line 13 the following: "Sec. . NEW SECTION. 901A.1 CORRECTIONS CONTINUUM -INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. 1. The corrections continuum consists of the following: a. LEVEL ONE. Noncommunity-based corrections sanctions including the following: (1) SELF-MONITORED SANCTIONS. Self-monitored sanctions which are not monitored for compliance including, but not limited to, fines and community service. (2) OTHER THAN SELF-MONITORED SANCTIONS. Other than selfmonitored sanctions which are monitored for compliance by other than the district department of correctional services including, but not limited to, mandatory mediation, victim and offender reconciliation, and noncommunity-based corrections supervision. b. LEVEL TWO. Probation and parole options consisting of the following: (1) MONITORED SANCTIONS. Monitored sanctions are administrative supervision sanctions which are monitored for compliance by the district department of correctional services and include, but are not limited to, low-risk offenderdiversion programs. (2) SUPERVISED SANCTIONS. Supervised sanctions are regular probation or parole supervision and any conditions established in the probation or parole agreement or by court order. (3) INTENSIVE SUPERVISION SANCTIONS. Intensive supervision sanctions provide levels of supervision above sanctions in subparagraph (2) but are less restrictive than sanctions under paragraph "c" and include electronic monitoring, day reporting, day programming, live-out programs for persons on work release or who have violated chapter 321J, and institutional work release under section 904.910. c. LEVEL THREE. Quasi-incarceration sanctions. Quasiincarceration sanctions are those supported by residential facility placement or twenty-four hour electronic monitoring including, but not limited to, the following: (1) Residential treatment facilities. (2) Operating while intoxicated offender treatment facilities. (3) Work release facilities. (4) House arrest with electronic monitoring. d. LEVEL FOUR. Short-term incarceration designed to be of short duration, including, but not limited to, the following: (1) Twenty-one-day shock incarceration for persons who violate chapter 321J. (2) Jail for less than thirty days. (3) Violators' facilities. (4) Prison with sentence reconsideration. e. LEVEL FIVE. Incarceration which consists of the following: (1) Prison. (2) Jail for thirty days or longer. 2. "Intermediate criminal sanctions program" means a program structured around the corrections continuum in subsection 1, describing sanctions and services available in each level of the continuum in the district and containing the policies of the district department of correctional services regarding placement of a person in a particular level of sanction and the requirements and conditions under which a defendant will be transferred between levels in the corrections continuum under the program. 3. An intermediate criminal sanctions program shall consist of only levels two, three, and sublevels one and three of level four of the corrections continuum and shall be operated in accordance with an intermediate criminal sanctions plan adopted by the chief judge of the judicial district and the director of the judicial district department of correctional services. The plan adopted shall be designed to reduce probation revocations to prison through the use of incremental, community-based sanctions for probation violations. The plan shall be subject to rules adopted by the department of corrections. The rules shall include provisions for transferring individuals between levels in the continuum. The provisions shall include a requirement that the reasons for the transfer be in writing and that an opportunity for the individual to contest the transfer be made available. A copy of the program and plan shall be filed with the chief judge of the judicial district, the department of corrections, and the division of criminal and juvenile justice planning of the department of human rights. 4. a. The district department of correctional services shall place an individual committed to it under section 907.3 to the sanction and level of supervision which is appropriate to the individual based upon a current risk assessment evaluation. Placements may be to levels two and three of the corrections continuum. The district department may, with the approval of the department of corrections, place an individual in a level four violator facility established pursuant to section 904.207 only as a penalty for a violation of a condition imposed under this section. b. The district department may transfer an individual along the intermediate criminal sanctions program operated pursuant to subsection 3 as necessary and appropriate during the period the individual is assigned to the district department. However, nothing in this section shall limit the district department's ability to seek a revocation of the individual's probation pursuant to section 908.11. Sec. . Section 905.1, subsection 2, Code 1995, is amended to read as follows: 2. "Community-based correctional program" means correctional programs and services, including but not limited to an intermediate criminal sanctions program in accordance with the corrections continuum in section 901A.1, designed to supervise and assist individuals who are charged with or have been convicted of a felony, an aggravated misdemeanor or a serious misdemeanor, or who are on probation or parole in lieu of or as a result of a sentence of incarceration imposed upon conviction of any of these offenses, or who are contracted to the district department for supervision and housing while on work release. An intermediate criminal sanctions program shall be designed by a district department in a manner that provides services in a manner free of disparities based upon an individual's race or ethnic origin. Sec. . Section 907.3, subsection 1, unnumbered paragraph 1, Code Supplement 1995, is amended to read as follows: With the consent of the defendant, the court may defer judgment and may place the defendant on probation upon such conditions as it may require. Upon a showing that the defendant is notco-operatingcooperating with the program of probation or is not responding to it, the court may withdraw the defendant from the program, pronounce judgment, and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon fulfillment of the conditions of probation, the defendant shall be discharged without entry of judgment. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908. Sec. . Section 907.3, subsection 2, Code Supplement 1995, is amended to read as follows: 2. At the time of or after pronouncing judgment and with the consent of the defendant, the court may defer the sentence and assign the defendant to the judicial district department of correctional services. The court may assign the defendant to supervision or services under section 901A.1 at the level of sanctions which the district department determines to be appropriate, if an intermediate criminal sanctions plan and program has been adopted in the judicial district under section 901A.1. However, the court shall not defer the sentence for a violation of section 708.2A if the defendant has previously received a deferred judgment or sentence for a violation of section 708.2 or 708.2A which was issued on a domestic abuse assault, or if similar relief was granted anywhere in the United States concerning that jurisdiction's statutes which substantially correspond to domestic abuse assault as provided in section 708.2A. In addition, the court shall not defer a sentence if it is imposed for a conviction for or plea of guilty to a violation of section 236.8 or for contempt pursuant to section 236.8 or 236.14. Upon a showing that the defendant is not fulfilling the conditions of probation, the court may revoke probation and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908. Sec. . Section 907.3, subsection 3, Code Supplement 1995, as amended by 1996 Iowa Acts, Senate File 2269, section 4, is amended to read as follows: 3. By record entry at the time of or after sentencing, the court may suspend the sentence and place the defendant on probation upon such terms and conditions as it may require including commitment to an alternate jail facility or a community correctional residential treatment facility for a specific number of days to be followed by a term of probation as specified in section 907.7, or commitment of the defendant to the judicial district department of correctional services for supervision or services under section 901A.1 at the level of sanctions which the district department determines to be appropriate. A person so committed who has probation revoked shall be given credit for such time served. However, the court shall not suspend the minimum term of two days imposed pursuant to section 708.2A, subsection 6, paragraph "a", or a sentence imposed under section 708.2A, subsection 6, paragraph "b", and the court shall not suspend a sentence imposed pursuant to section 236.8 or 236.14 for contempt. Sec. . Section 907.6, Code 1995, is amended to read as follows: 907.6 CONDITIONS OF PROBATION - REGULATIONS. Probationers are subject to the conditions established by the judicial district department of correctional services subject to the approval of the court, and any additional reasonable conditions which the court or district department may impose to promote rehabilitation of the defendant or protection of the community. Conditions may include but are not limited to adherence to regulations generally applicable to persons released on parole and including requiring unpaid community service as allowed pursuant to section 907.13." 4. Page 6, by inserting after line 18 the following: "Sec. . Section 910.4, Code Supplement 1995, is amended to read as follows: 910.4 CONDITION OF PROBATION - PAYMENT PLAN. 1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with the plan of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court. b.TheIf an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation, or upon notice of such noncompliance and hearingthereon, the court may enter a civil judgment against theoffender for the outstanding balance of payments under the planof restitution and such judgment shall be governed by the lawrelating to judgments, judgment liens, executions, and otherprocess available to creditors for the collection of debts. (1)However, ifIf the court extends the period of probation,is extendedit shall not be for more than the maximum period of probation for the offense committed as provided in section 907.7. After discharge from probation or after the expiration of the period of probation, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.As part of theorder discharging an offender from probation, the court shallenter a civil judgment against the offender for the balance, ifany, of any restitution owed by the offender to the victim ofthe crime.(2) If an offender's probation is revoked, the offender's assigned probation officer shall forward to the director of the Iowa department of corrections, information concerning the offender's restitution plan, restitution plan of payment, the restitution payment balance, and any other pertinent information concerning or affecting restitution by the offender. 2. When the offender is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment taking into consideration the offender's income, physical and mental health, age, education, employment and family circumstances. a. The office or individual charged with supervision of the offender shall review the plan of restitution ordered by the court, and shall submit a restitution plan of payment to the sentencing court. b. When community service is ordered by the court as restitution, the restitution plan of payment shall set out a plan to meet the requirement for the community service. c. The court may approve or modify the plan of restitution and restitution plan of payment. d. When there is a significant change in the offender's income or circumstances, the office or individual which has supervision of the plan of payment shall submit a modified restitution plan of payment to the court. 3. When there is a transfer of supervision from one office or individual charged with supervision of the offender to another, the sending office or individual shall forward to the receiving office or individual all necessary information regarding the balance owed against the original amount of restitution ordered and the balance of public service required. When the offender's circumstances and income have significantly changed, the receiving office or individual shall submit a new plan of payment to the sentencing court for approval or modification based on the considerations enumerated in this section. Sec. . Section 910.5, Code Supplement 1995, is amended to read as follows: 910.5 CONDITION OF WORK RELEASE OR PAROLE. 1. a. When an offender is committed to the custody of the director of the Iowa department of corrections pursuant to a sentence of confinement, the sentencing court shall forward to the director,a copy of the offender's restitution plan, present restitution payment plan if any, and other pertinent information concerning or affecting restitution by the offender. b.However, ifIf the offender is committed to the custody of the director after revocation of probation,thisall information regarding the offender's restitution plan shall be forwarded by the offender's probation officer. c. An offender committed to a penal or correctional facility of the state shall make restitution while placed in that facility. d. Upon commitment to the custody of the director of the Iowa department of corrections, the director or the director's designee shall prepare a restitution plan of payment or modify any existing plan of payment. (1) The new or modified plan of payment shall reflect the offender's present circumstances concerning the offender's income, physical and mental health, education, employment, and family circumstances. (2) The director or the director's designee may modify the plan of payment at any time to reflect the offender's present circumstances. e. After the expiration of the offender's sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.Uponthe expiration of the offender's sentence, the department shallnotify the court which sentenced the offender and the courtshall enter a civil judgment against the offender for thebalance, if any, of any restitution owed by the offender to thevictim of the crime.2. If an offender is to be placed on work release from an institution under the control of the director of the Iowa department of corrections, restitution shall be a condition of work release. a. The chief of the bureau of community correctional services of the Iowa department of corrections shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment. (1) The new or modified plan of payment shall reflect the offender's present circumstances concerning the offender's income, physical and mental health, education, employment, and family circumstances. (2) The bureau chief may modify the plan of payment at any time to reflect the offender's present circumstances. b. Failure of the offender to comply with the restitution plan of payment, including the community service requirement, if any, shall constitute a violation of a condition of work release and the work release privilege may be revoked. c. After the expiration of the offender's sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.Uponthe expiration of the offender's sentence, the bureau chiefshall notify the court which sentenced the offender and thecourt shall enter a civil judgment against the offender for thebalance, if any, of any restitution owed by the offender to thevictim of the crime.3. If an offender is to be placed on work release from a facility under control of a county sheriff or the judicial district department of correctional services, restitution shall be a condition of work release. a. The office or individual charged with supervision of the offender shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment. (1) The new or modified plan of payment shall reflect the offender's present circumstances concerning the offender's income, physical and mental health, education, employment and family circumstances. (2) Failure of the offender to comply with the restitution plan of payment including the community service requirement, if any, constitutes a violation of a condition of work release. (3) The office or individual charged with supervision of the offender may modify the plan of restitution at any time to reflect the offender's present circumstances. b. After the expiration of the offender's sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.Upon the expiration of the offender'ssentence, the office or individual charged with supervision ofthe offender shall notify the court which sentenced the offenderand the court shall enter a civil judgment against the offenderfor the balance, if any, of any restitution owed by the offenderto the victim of the crime.4. If an offender is to be placed on parole, restitution shall be a condition of parole. a. The district department of correctional services to which the offender will be assigned shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment. (1) The new or modified plan of payment shall reflect the offender's present circumstances concerning the offender's income, physical and mental health, education, employment, and family circumstances. (2) Failure of the offender to comply with the restitution plan of payment including a community service requirement, if any, shall constitute a violation of a condition of parole. (3) The parole officer may modify the plan of payment any time to reflect the offender's present circumstances. (4) A restitution plan of payment or modified plan of payment, prepared by a parole officer, must meet the approval of the director of the district department of correctional services. b. After the expiration of the offender's sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.Uponthe expiration of the offender's sentence, the parole officershall notify the court which sentenced the offender and thecourt shall enter a civil judgment against the offender for thebalance, if any, of any restitution owed by the offender to thevictim of the crime.5. The director of the Iowa department of corrections shallpromulgateadopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders who are committed to an institution under the control of the director of the Iowa department of corrections, for offenders who are to be released on work release from institutions under the control of the director of the Iowa department of corrections, for offenders who are placed on probation, and for offenders who are released on parole. Sec. . LEGAL REPRESENTATION OF INDIGENTS - STUDY. The legislative council is requested to establish an interim committee to study issues concerning the provision of legal representation to indigents. Matters to be reviewed by the interim committee shall include, but are not limited to, reclassification of indictable misdemeanors as simple misdemeanors, the efficiencies of the state public defender's office, and recoupment of indigent defense costs. The legislative fiscal bureau, the department of justice, and the state public defender shall provide information requested by the committee pertaining to indigent defense, including but not limited to information concerning total cost expenditures by the state public defender, including costs for employee salaries and benefits and for all related office expenses, and statistical data concerning crimes for which penalties have been increased, or which have been recently reclassified as a higher level offense. The interim committee shall consider input from the Iowa state bar association, the Iowa association of criminal defense lawyers, the Iowa judges association, the Iowa magistrates association, the public defenders association, the state public defender, and the county attorneys association. The interim committee shall submit a report and recommendations to the general assembly by January 1, 1997." 5. Title page, line 1, by inserting after the words "relating to" the following: "criminal and juvenile justice, including criminal corrections sanctions and criminal intelligence data and". 6. Title page, line 3, by inserting after the word "costs," the following: "conducting a study on legal representation for indigents,". 7. By renumbering, relettering, or redesignating and correcting internal references as necessary. ON THE PART OF THE HOUSE ON THE PART OF THE SENATE DWIGHT DINKLA, Chair STEVEN D. HANSEN, Chair JEFFREY LAMBERTI RICHARD F. DRAKE HAROLD VAN MAANEN RANDAL J. GIANNETTO O. GENE MADDOX TOM VILSACK Speaker pro tempore Van Maanen of Marion in the chair at 10:04 a.m. Dinkla of Guthrie moved the adoption of the conference committee report on House File 2458. The motion prevailed and the report was adopted. Dinkla of Guthrie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2458) The ayes were, 60: Arnold Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Wise Witt Absent or not voting, 6: Blodgett Brammer Harrison Kreiman Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Rule 76 invoked: Kreiman of Davis, invoked Rule 76, conflict of interest, and refrained from voting. MOTION TO RECONSIDER Kremer of Buchanan called up for consideration the motion to reconsider Senate File 2153, filed by him on April 16, 1996, and moved to reconsider the vote by which Senate File 2153, a bill for an act relating to Iowa law enforcement officer certification by the Iowa law enforcement academy, passed the House and was placed on its last reading on April 16, 1996. A non-record roll call was requested. The ayes were 34, nays 46. The motion to reconsider lost, placing out of order the motion to reconsider Senate File 2153 filed by Metcalf of Polk on April 16, 1996. SENATE AMENDMENT CONSIDERED Brunkhorst of Bremer called up for consideration Senate File 2147, a bill for an act increasing the membership of the Iowa telecommunications and technology commission, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-6055 to the House amendment: H-6055 1 Amend the House amendment, S-5615, to Senate File 2 2147, as passed by the Senate, as follows: 3 1. By striking page 1, line 5, through page 5, 4 line 42, and inserting the following: 5 ""Section 1. Section 8D.3, subsection 2, Code 6 Supplement 1995, is amended to read as follows: 7 2. MEMBERS. The commission is composed ofthree8 five members appointed by the governor and subject to 9 confirmation by the senate. Members of the commission 10 shall not serve in any manner or be employed by an 11 authorized user of the network or by an entity seeking 12 to do or doing business with the network. The 13 governor shall appoint a member as the chairperson of 14 the commission from thethreefive members appointed 15 by the governor, subject to confirmation by the 16 senate. Members of the commission shall serve six- 17 year staggered terms as designated by the governor and 18 appointments to the commission are subject to the 19 requirements of sections 69.16, 69.16A, and 69.19. 20 Vacancies shall be filled by the governor for the 21 duration of the unexpired term. The salary of the 22 members of the commission shall betwentytwelve 23 thousand dollars per year, except that the salary of 24 the chairperson shall betwenty-fiveseventeen 25 thousand dollars per year. Members of the commission 26 shall also be reimbursed for all actual and necessary 27 expenses incurred in the performance of duties as 28 members. Meetings of the commission shall be held at 29 the call of the chairperson of the commission. In 30 addition to the members appointed by the governor, the 31 auditor of state or the auditor's designee shall serve 32 as a nonvoting, ex officio member of the commission. 33 The benefits and salary paid to the members of the 34 commission shall be adjusted annually equal to the 35 average of the annual pay adjustments, expense 36 reimbursements, and related benefits provided under 37 collective bargaining agreements negotiated pursuant 38 to chapter 20. 39 Sec. 2. Section 68B.35, subsection 2, paragraph e, 40 Code 1995, is amended to read as follows: 41 e. Members of the banking board, the ethics and 42 campaign disclosure board, the credit union review 43 board, the economic development board, the employment 44 appeal board, the environmental protection commission, 45 the health facilities council, the Iowa business 46 investment corporation board of directors, the Iowa 47 finance authority, the Iowa seed capital corporation, 48 the Iowa public employees' retirement system 49 investment board, the lottery board, the natural 50 resource commission, the board of parole, the Page 2 1 petroleum underground storage tank fund board, the 2 public employment relations board, the state racing 3 and gaming commission, the state board of regents, the 4 tax review board, the transportation commission, the 5 office of consumer advocate, the utilities board, the 6 Iowa telecommunications and technology commission, and 7 any full-time members of other boards and commissions 8 as defined under section 7E.4 who receive an annual 9 salary for their service on the board or commission. 10 Sec. 3. INITIAL APPOINTMENTS OF NEW COMMISSION 11 MEMBERS. The two new members of the Iowa 12 telecommunications and technology commission provided 13 for in section 1 of this Act shall be appointed on or 14 before July 1, 1996, to the following terms: 15 1. One member shall be appointed for a term of 16 five years. 17 2. One member shall be appointed for a term of 18 three years." 19 2. Title page, line 2, by inserting after the 20 word "commission" the following: ", providing for 21 matters relating to the authority and duties of the 22 commission, and providing an effective date". The motion prevailed and the House concurred in the Senate amendment H-6055, to the House amendment. Brunkhorst of Bremer moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2147) The ayes were, 92: Arnold Baker Bell Bernau Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 3: Greig Klemme Meyer Absent or not voting, 5: Blodgett Brammer Harrison Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2458 and Senate File 2147. CONSIDERATION OF HOUSE RESOLUTION 112 McCoy of Polk asked and received unanimous consent for the immediate consideration of House Resolution 112, a resolution to honor professional truck drivers who serve their country each day by safely and efficiently delivering freight vital to the welfare of the United States, and moved its adoption. The motion prevailed and the resolution was adopted. On motion by Siegrist of Pottawattamie, the House was recessed at 10:55 a.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:25 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-nine members present, twenty-one absent. PRESENTATION TO RETIRING MEMBERS AND LEADERS Halvorson of Clayton and Doderer of Johnson invited to the well of the House, for special recognition, members of the House who will be retiring or are candidates for the Iowa Senate. Plaques were presented to the following members: - 1996 Philip E. Brammer, District 53 1983 - 1996 Clifford O. Branstad, District 16 1979 - 1996 Brian A. Coon, District 89 1995 - 1996 Horace C. Daggett, District 88 1973 - 1996 Steven E. Grubbs, District 40 1991 - 1996 Donald E. Hanson, District 24 1991 - 1996 Patricia M. Harper, District 26 1987 - 1990, 1993 - 1996 Neil P. Harrison, District 44 1995 - 1996 Matthew W. McCoy, District 67 1993 - 1996 C. Arthur Ollie, District 38 1983 - 1996 Robert H. Renken, District 21 1980 - 1996 The House rose and expressed its appreciation. House Speaker Ron Corbett, Majority Leader, Brent Siegrist and Minority Leader, David Schrader were invited to the Speaker's station for a special presentation. Halvorson of Clayton and Doderer of Johnson, on behalf of the House, presented plaques to each leader in appreciation of his service and dedication to the Iowa House of Representatives during the Seventy-sixth General Assembly. The House stood at ease at 4:29 p.m., until the fall of the gavel. The House resumed session at 6:50 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-nine members present, twenty-one absent. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 30, 1996, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2153, a bill for an act relating to Iowa law enforcement officer certification by the Iowa law enforcement academy. Also: That the Senate has on April 30, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2470, a bill for an act relating to state expenditure and regulatory matters by making standing and other appropriations, and providing technical provisions, studies of runaway youth, physician utilization, and retirement system issues, and providing a penalty and effective dates. JOHN F. DWYER, Secretary SENATE AMENDMENT CONSIDERED Grundberg of Polk called up for consideration House File 2477, a bill for an act relating to the funding of, operation of, and appropriation of moneys to agencies, institutions, commissions, departments, and boards responsible for education and cultural programs of this state and making related statutory changes and providing effective date provisions, amended by the Senate amendment H-5522 as follows: H-5522 1 Amend House File 2477, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 13 through 18. 4 2. Page 1, line 27, by striking the figure 5 "345,000" and inserting the following: "395,000". 6 3. Page 2, by inserting after line 26 the 7 following: 8 " . For enhanced forgivable loans: 9 $ 115,000 10 The amount of an enhanced forgivable loan shall not 11 exceed $11,500. To qualify for a loan a person shall: 12 (1) Be required to practice primary care in a 13 community designated as underserved by state and 14 federal authorities and having a population of less 15 than 20,000. A student must provide one year of 16 practice for every year of loan forgiveness. 17 (2) Have shown superior academic achievement and 18 demonstrated exceptional financial need during the 19 last year of undergraduate study. 20 The commission shall prescribe by rule the terms of 21 repayment and forgiveness. The rules shall be 22 consistent with the requirements of section 261.19A. 23 The commission shall deposit payments made by loan 24 recipients into the fund created in section 261.19B." 25 4. Page 3, by inserting after line 4 the 26 following: 27 " . NATIONAL GUARD TUITION AID PROGRAM 28 For tuition aid for Iowa national guard members as 29 provided in section 261.21, as enacted by this Act: 30 $ 400,000" 31 5. Page 3, line 15, by striking the figure 32 "28.95" and inserting the following: "31.95". 33 6. Page 3, line 24, by striking the words "and 34 which are in addition" and inserting the following: 35 "if the amount of federal funds appropriated for state 36 student incentive grant purposes is less than the 37 amount needed for those purposes in the fiscal year 38 beginning July 1, 1996. If the amount of federal 39 funds for state student incentive grant purposes are 40 sufficient, the funds appropriated in this section 41 shall be divided equally for purposes of the Iowa 42 vocational-technical tuition grants and the work-study 43 program. Funds appropriated in this section are in 44 addition". 45 7. Page 3, line 25, by inserting after the figure 46 "3" the following: ", and section 261.85". 47 8. Page 4, line 4, by striking the figure 48 "150,000" and inserting the following: "155,000". 49 9. Page 4, by striking lines 6 through 8 and 50 inserting the following: "section 261.71, the next Page 2 1 $15,000 shall be used to provide grants to students 2 who would meet the requirements for receipt of a 3 vocational-technical tuition grant, but who are 4 enrolled in a licensed school of cosmetology arts and 5 sciences under chapter 157, or a licensed barber 6 school under chapter 158, and any excess remaining". 7 10. Page 4, line 30, by striking the figure 8 "1,061,568" and inserting the following: "1,081,918". 9 11. Page 5, line 5, by striking the figure 10 "2,523,932" and inserting the following: "2,643,267". 11 12. Page 5, line 6, by striking the figure 12 "58.00" and inserting the following: "58.75". 13 13. Page 5, by striking lines 7 through 10. 14 14. Page 5, line 15, by striking the figure 15 "311,039" and inserting the following: "386,039". 16 15. Page 5, line 16, by striking the figure 17 "4.00" and inserting the following: "5.00". 18 16. Page 5, line 21, by striking the figure 19 "220,227" and inserting the following: "260,227". 20 17. Page 6, line 4, by striking the figure 21 "5,138,382" and inserting the following: "5,378,382". 22 18. Page 6, line 5, by striking the figure 23 "94.95" and inserting the following: "96.95". 24 19. Page 6, by inserting after line 34 the 25 following: 26 "The department of education shall conduct a study 27 of open enrollment across state boundaries and report 28 its findings and specific recommendations to the 29 general assembly by January 1, 1997." 30 20. By striking page 6, line 35, through page 7, 31 line 3. 32 21. Page 7, line 8, by inserting after the figure 33 "1." the following: "The department shall determine 34 the goals of the K-12 and community college management 35 information system and establish a timeline by which 36 the goals shall be accomplished. The goals and 37 timeline shall be included in the annual report 38 submitted to the general assembly and the legislative 39 fiscal bureau by January 1, 1997." 40 22. Page 7, line 19, by striking the figure 41 "194,582" and inserting the following: "284,582". 42 23. Page 8, line 17, by striking the figure 43 "2,470,915" and inserting the following: "2,914,455". 44 24. Page 8, line 18, by striking the figure 45 "34.50" and inserting the following: "35.50". 46 25. Page 8, line 26, by striking the figure 47 "6,925,335" and inserting the following: "7,121,340". 48 26. Page 8, line 27, by striking the figure 49 "101.00" and inserting the following: "104.50". 50 27. Page 9, line 22, by striking the figure Page 3 1 "13.00" and inserting the following: "14.00". 2 28. Page 9, line 35, by striking the figure 3 "69,400" and inserting the following: "84,400". 4 29. Page 10, by striking lines 5 through 17 and 5 inserting the following: 6 " . CENTER FOR ASSESSMENT 7 For the purpose of developing academic standards in 8 the areas of math, history, science, English, language 9 arts, and geography: 10 $ 300,000 11 The department of education shall submit in a 12 report to the general assembly by January 1, 1997, the 13 amount of state funding anticipated to be needed to 14 fund the department's future participation with the 15 center for assessment and shall determine the number 16 of years participation is necessary. 17 . NATIONAL ASSESSMENT OF EDUCATION PROGRESS 18 (NAEP) 19 For participation by the department of education in 20 a state and national project, the national assessment 21 of education progress (NAEP), to determine the 22 academic achievement of Iowa students in math, 23 reading, science, United States history, or geography: 24 $ 50,000 25 . ENVIRONMENTAL EDUCATION 26 For purposes of establishing an environmental 27 education program as set forth in Senate File 2415, as 28 passed in the 1996 legislative session by the Senate, 29 and for the following full-time equivalent position: 30 $ 150,000 31 FTEs 1.00" 32 30. By striking page 10, line 27, through page 33 11, line 15, and inserting the following: 34 " $126,506,270 35 The funds appropriated in this subsection shall be 36 allocated as follows: 37 a. Merged Area I $ 6,035,436 38 b. Merged Area II $ 7,116,730 39 c. Merged Area III $ 6,720,072 40 d. Merged Area IV $ 3,273,974 41 e. Merged Area V $ 6,848,081 42 f. Merged Area VI $ 6,346,118 43 g. Merged Area VII $ 9,052,574 44 h. Merged Area IX $ 11,099,434 45 i. Merged Area X $ 17,227,964 46 j. Merged Area XI $ 18,540,456 47 k. Merged Area XII $ 7,310,574 48 l. Merged Area XIII $ 7,477,178 49 m. Merged Area XIV $ 3,316,469 50 n. Merged Area XV $ 10,344,668 Page 4 1 o. Merged Area XVI ........................... $ 5,796,542 2 Of the moneys allocated to merged area XI in 3 paragraph "j", for the fiscal year beginning July 1, 4 1996, and ending June 30, 1997, $135,000 shall be 5 expended on the career opportunity program to provide 6 assistance to minority persons who major in fields or 7 subject areas where minorities are currently 8 underutilized pursuant to section 260C.29. 9 Sec. 201. APPROPRIATION TO MERGED AREAS _ 10 CONTINGENCY. Notwithstanding any Act enacted in 1996 11 during the Seventy-sixth General Assembly, all moneys 12 from appropriations made pursuant to any Act enacted 13 in 1996 by the Seventy-sixth General Assembly to a 14 merged area shall be reduced by 100 percent, if the 15 merged area enters into an agreement under chapter 16 260E or 260F, for a project which includes program 17 services for employees of a confinement feeding 18 operation as defined in section 455B.161." 19 31. By striking page 11, line 18, through page 20 12, line 2, and inserting the following: "257B.1A, 21 subsection 1, and subsequent to the distribution of 22 funds as provided in section 257B.1A, subsections 2 23 and 3, any unobligated or unencumbered moneys in the 24 interest for Iowa schools fund on June 30, 1996, shall 25 be transferred to the department of education for the 26 fiscal year beginning July 1, 1996, and ending June 27 30, 1997, to be used for local arts comprehensive 28 educational strategies (LACES)." 29 32. Page 12, by striking lines 12 through 16. 30 33. Page 12, by striking lines 22 through 32 and 31 inserting the following: "general fund of the state 32 but shall be distributed to the department of 33 education for the fiscal year beginning July 1, 1996, 34 and ending June 30, 1997, for purposes of the gifted 35 and talented summer institute." 36 34. Page 13, by striking lines 5 through 17 and 37 inserting the following: 38 " . For salaries, support, maintenance, 39 miscellaneous purposes, and for not more than the 40 following full-time equivalent positions: 41 $ 1,152,417 42 FTEs 15.63 43 If the moneys provided in this lettered paragraph 44 are augmented by reimbursements from the institutions 45 under the control of the state board of regents for 46 the funding of the office of the state board of 47 regents, the office shall report quarterly such 48 reimbursements to the chairpersons and ranking members 49 of the joint appropriations subcommittee on 50 education." Page 5 1 35. Page 13, line 34, by striking the figure 2 "84,156" and inserting the following: "104,156". 3 36. Page 14, line 21, by striking the figure 4 "202,267,198" and inserting the following: 5 "203,577,328". 6 37. Page 14, line 22, by striking the figure 7 "4,020.47" and inserting the following: "4,022.97". 8 38. Page 14, line 33, by inserting after the word 9 "salaries," the following: "general". 10 39. Page 17, line 33, by striking the figure 11 "282,101" and inserting the following: "608,448". 12 40. Page 17, by inserting after line 34, the 13 following: 14 "It is the intent of the general assembly that 15 fiscal year 1997-1998 shall be the last fiscal year in 16 which the general assembly appropriates funds for 17 purposes of the planning and construction of the 18 national advanced driving simulator. 19 . Research park 20 For salaries, support, maintenance, equipment, 21 miscellaneous purposes, and for not more than the 22 following full-time equivalent positions: 23 $ 321,000 24 FTEs 4.35" 25 41. Page 18, line 5, by striking the figure 26 "160,639,691" and inserting the following: 27 "161,859,066". 28 42. Page 18, line 6, by striking the figure 29 "3,581.98" and inserting the following: "3,583.64". 30 43. Page 18, line 9, by striking the figure 31 "1,500,000" and inserting the following: "2,000,000". 32 44. Page 18, by striking lines 10 through 13 and 33 inserting the following: "livestock program." 34 45. Page 18, line 26, by striking the figure 35 "19,270,398" and inserting the following: 36 "19,280,398". 37 46. Page 19, by inserting after line 4 the 38 following: 39 " . Research park 40 For salaries, support, maintenance, miscellaneous 41 purposes, and for not more than the following full- 42 time equivalent positions: 43 $ 370,000 44 FTEs 4.31" 45 47. Page 19, by striking line 6 and inserting the 46 following: 47 "a. General university 48 For salaries, support, maintenance, equipment,". 49 48. Page 19, line 9, by striking the figure 50 "71,771,714" and inserting the following: Page 6 1 "72,821,314". 2 49. Page 19, by striking lines 13 through 18 and 3 inserting the following: 4 " . Metal casting 5 $ 160,000 6 . Distance education 7 To expand coursework at community colleges, 8 including support for the elementary education program 9 through merged area XI at the Carroll campus: 10 $ 150,000" 11 50. Page 20, by striking lines 4 through 15. 12 51. Page 23, by inserting after line 20 the 13 following: 14 "Sec. ___. IOWA GRAIN QUALITY INITIATIVE. 15 Notwithstanding section 423.24, subsection 1, 16 paragraph "b", subparagraph (1), there is appropriated 17 for the fiscal year beginning July 1, 1996, and ending 18 June 30, 1997, an amount equal to two and three- 19 quarters percent of the total revenues collected 20 pursuant to section 423.7 and deposited in the value- 21 added agricultural products and processes financial 22 assistance fund, pursuant to section 423.24, 23 subsection 1, paragraph "b", subparagraph (1), to the 24 Iowa cooperative extension service in agriculture and 25 home economics at Iowa state university of science and 26 technology as matching funds for the Iowa grain 27 quality initiative. Funds appropriated pursuant to 28 this section are contingent upon the receipt of 29 dollar-for-dollar matching funds from grain promotion 30 boards." 31 52. Page 24, by striking lines 17 through 23. 32 53. By striking page 24, line 28, through page 33 25, line 31. 34 54. Page 25, line 33, by striking the word 35 "subsections" and inserting the following: 36 "subsection". 37 55. By striking page 25, line 34, through page 38 26, line 1. 39 56. Page 26, line 12, by striking the word 40 "subsections" and inserting the following: 41 "subsection". 42 57. By striking page 26, line 13, through page 43 27, line 12. 44 58. Page 27, line 28, by inserting before the 45 word "for" the following: "and". 46 59. Page 27, by striking lines 29 through 31 and 47 inserting the following: "258 and 260C, for a fiscal 48 year, shall". 49 60. Page 29, by inserting after line 10 the 50 following: Page 7 1 "Sec. ___. Section 260C.29, subsection 3, Code 2 Supplement 1995, is amended by adding the following 3 new paragraphs: 4 NEW PARAGRAPH. f. Contract with other community 5 colleges to expand the availability of program 6 services and increase the number of students served by 7 the program. 8 NEW PARAGRAPH. g. Establish a separate account, 9 which shall consist of all appropriations, grants, 10 contributions, bequests, endowments, or other moneys 11 or gifts received specifically for purposes of the 12 program by the community college administering the 13 program as provided in subsection 2. Not less than 14 eighty percent of the funds received from state 15 appropriations for purposes of the program shall be 16 used for purposes of assistance to students as 17 provided in subsection 5." 18 61. Page 30, by striking line 2 and inserting the 19 following: "as defined under section 260D.2,". 20 62. Page 31, line 16, by striking the word 21 "hundred" and inserting the following: "one hundred". 22 63. By striking page 31, line 17, through page 23 32, line 3. 24 64. Page 34, by striking lines 13 through 25, and 25 inserting the following: 26 "4. The eligibility of applicants shall be". 27 65. Page 35, by striking lines 3 through 13. 28 66. Page 35, by striking lines 20 and 21 and 29 inserting the following: "thirty-fivethirty-eight 30 millionsixnine hundred sixty-four thousand seven 31 hundred fifty dollars". 32 67. Page 35, by inserting after line 24 the 33 following: 34 "Sec. ___. Section 261.85, unnumbered paragraph 1, 35 Code Supplement 1995, is amended to read as follows: 36 There is appropriated from the general fund of the 37 state to the commission for each fiscal year the sum 38 oftwothree millionnineone hundred fifty thousand 39 dollars for the work-study program." 40 68. Page 36, line 7, by striking the word 41 "subsections" and inserting the following: 42 "subsection". 43 69. Page 36, by striking lines 19 through 22. 44 70. By striking page 36, line 34, through page 45 37, line 8, and inserting the following: 46 "Sec. ___. NEW SECTION. 273.10 MEMBERSHIP IN 47 OTHER ORGANIZATIONS. 48 Duly elected members of boards of directors of area 49 education agencies and designated administrators of 50 area education agencies may join, including the Page 8 1 payment of dues, and participate in local, regional, 2 and national organizations which directly relate to 3 the functions of the board of directors and 4 administrators. 5 Sec. ___. Section 280.18, Code 1995, is amended by 6 adding the following new unnumbered paragraph: 7 NEW UNNUMBERED PARAGRAPH. Annually, each 8 accredited higher education institution, as defined in 9 section 261.92, shall report the freshman grades of 10 the graduates of a school district to the board of 11 directors of the school district. Not later than one 12 year after the date on which the majority of the 13 district's seniors graduate, the board shall conduct 14 an annual survey of a representative sampling of 15 employers of the local business community. The survey 16 shall assess the employability skills of the 17 district's high school graduates who have entered the 18 local workforce. The employability skills assessed 19 shall include, but are not limited to, reading for 20 information, applied mathematics, listening, and 21 writing. Annually, the school district shall tabulate 22 and summarize the information collected pursuant to 23 this paragraph and shall file a report with the 24 department of education. The board shall make copies 25 of the report available upon request." 26 71. Page 37, by striking lines 13 and 14 and 27 inserting the following: "alliance, seventy thousand28dollars for gifted and talented,and one hundred 29 eighty thousand dollars for a management". 30 72. Page 37, by striking lines 16 through 20 and 31 inserting the following: "phase I to phase III." 32 73. By striking page 37, line 24 through page 38, 33 line 9, and inserting the following: "thousand 34 dollars for support for the operations of the new Iowa 35 schools development corporation and for school 36 transformation design and implementation projects 37 administered by the corporation. Of the amount 38 provided in this subsection, one hundred fifty 39 thousand dollars shall be used for the school and 40 community planning initiative." 41 74. Page 38, line 17, by striking the figure 42 "25,000" and inserting the following: "50,000". 43 75. Page 38, by striking lines 18 through 23 and 44 inserting the following: 45 " . For matching grants for teachers who select 46 to participate in the national board for professional 47 teaching standards process: 48 $ 40,000 49 From the moneys appropriated in this subsection, 50 not more than one thousand dollars per teacher shall Page 9 1 be available toward the cost of the certification 2 process to be matched by the teacher or by the school 3 district which employs the teacher or has a continuing 4 contract with the teacher. 5 . For the development of a K-12 and community 6 college management information system: 7 $ 150,000 8 If funds available are insufficient to fully fund 9 the appropriation for a management information system 10 in this subsection, the amount distributed for the 11 management information system shall be reduced to an 12 amount equal to the available funds. 13 Sec. ___. FUNDING FORMULA RECOMMENDATIONS. By 14 January 1, 1997, the department of education, in 15 consultation with the Iowa association of community 16 college trustees, shall submit recommendations for a 17 funding formula that identifies and addresses 18 community college needs. 19 Sec. ___. REPEAL _ DIRECTION TO CODE EDITOR. 20 Section 260C.18A, as enacted in this Act, is repealed 21 effective July 1, 1997. The Code editor shall strike 22 the reference to section 260C.18A in section 260C.34 23 effective July 1, 1997." 24 76. Page 38, line 25, by striking the figure 25 "225.28". 26 77. By striking page 38, line 29, through page 27 39, line 6. 28 78. Page 39, line 7, by striking the word and 29 figures "8, 12, and 46" and inserting the following: 30 "201, 8, and 12". 31 79. By renumbering as necessary. Grundberg of Polk offered the following amendment H-6057, to the Senate amendment H-5522 filed by Grundberg, Shoultz, Hammitt- Barry, Gries, Witt, Rants and Nelson of Pottawattamie from the floor and moved its adoption: H-6057 1 Amend the Senate amendment, H-5522, to House File 2 2477, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 1, line 3, through page 9, 5 line 31, and inserting the following: 6 " . By striking everything after the enacting 7 clause and inserting the following: 8 "COLLEGE STUDENT AID COMMISSION 9 Section 1. There is appropriated from the general 10 fund of the state to the college student aid 11 commission for the fiscal year beginning July 1, 1996, 12 and ending June 30, 1997, the following amounts, or so 13 much thereof as may be necessary, to be used for the 14 purposes designated: 15 1. GENERAL ADMINISTRATION 16 For salaries, support, maintenance, miscellaneous 17 purposes, and for not more than the following full- 18 time equivalent positions: 19 $ 342,797 20 FTEs 7.05 21 The college student aid commission shall conduct a 22 study of and consider possible differentiations in the 23 grants awarded that are based upon parental income and 24 assets under the Iowa tuition grant program and shall 25 consider the reimbursement of grant moneys by a 26 student if the student does not complete a term of 27 study funded by an Iowa tuition grant or a vocational- 28 technical tuition grant. The commission shall submit 29 a report of its findings and recommendations to the 30 general assembly by January 1, 1997. 31 2. UNIVERSITY OF OSTEOPATHIC MEDICINE AND HEALTH 32 SCIENCES 33 a. For forgivable loans to Iowa students attending 34 the university of osteopathic medicine and health 35 sciences, under the forgivable loan program pursuant 36 to section 261.19A: 37 $ 379,260 38 b. For the university of osteopathic medicine and 39 health sciences for an initiative in primary health 40 care to direct primary care physicians to shortage 41 areas in the state: 42 $ 395,000 43 The moneys appropriated in this lettered paragraph 44 shall be used as follows: 45 (1) To reduce student loan debt for primary care 46 physicians in an amount not to exceed $30,000 per 47 student for a four-year period of medical service in 48 medically under-served areas of the state. 49 (2) For tuition scholarships for students 50 attending the university of osteopathic medicine and Page 2 1 health sciences who agree to practice primary care 2 medicine in medically under-served areas of the state. 3 The student shall practice in the state two years for 4 every year of tuition. A person receiving funds under 5 this subparagraph shall not be eligible for funds 6 under subparagraph (1). 7 (3) For general administration costs of the 8 university for the primary care initiative, the 9 university shall expend an amount not to exceed 10 $50,000. 11 Within one month of the end of a fiscal quarter, 12 the university of osteopathic medicine and health 13 sciences shall submit a report to the legislative 14 fiscal bureau concerning the expenditure of funds used 15 pursuant to subparagraphs (1), (2), and (3) of this 16 lettered paragraph. The university shall also submit 17 the annual audit of the university to the legislative 18 fiscal bureau within six months following the end of 19 the year being audited. 20 The college student aid commission shall not 21 provide moneys for subparagraphs (1) and (2) of this 22 lettered paragraph until the university has signed and 23 submitted contracts for the use of these moneys for 24 reduction of student loan debt and tuition 25 scholarships. Funds for subparagraph (3) of this 26 lettered paragraph shall be provided quarterly to the 27 university. 28 Notwithstanding section 8.33, the funds for this 29 lettered paragraph shall not revert to the general 30 fund but be available for expenditure the following 31 fiscal year for purposes of subparagraphs (1) and (2). 32 The college student aid commission, the university 33 of osteopathic medicine and health sciences, and the 34 legislative fiscal bureau shall cooperatively develop 35 and propose uniform time periods of medical practice 36 which shall be served in the state in return for an 37 allocation of state funds for purposes of the 38 university of osteopathic medicine and health 39 sciences. Proposals developed may relate to 40 allocations of funds within a single appropriation 41 concept and include contracting provisions. Proposals 42 shall be submitted in a report to the general assembly 43 by January 1, 1997. 44 3. STUDENT AID PROGRAMS 45 For payments to students for the Iowa grant 46 program: 47 $ 1,397,790 48 Sec. 2. There is appropriated from the loan 49 reserve account to the college student aid commission 50 for the fiscal year beginning July 1, 1996, and ending Page 3 1 June 30, 1997, the following amount, or so much 2 thereof as may be necessary, to be used for the 3 purposes designated: 4 For operating costs of the Stafford loan program 5 including salaries, support, maintenance, 6 miscellaneous purposes, and for not more than the 7 following full-time equivalent positions: 8 $ 4,596,739 9 FTEs 31.95 10 Sec. 3. Notwithstanding the maximum allowed 11 balance requirement of the scholarship and tuition 12 grant reserve fund as provided in section 261.20, 13 there is appropriated from the scholarship and tuition 14 grant reserve fund to the college student aid 15 commission for the fiscal year beginning July 1, 1996, 16 and ending June 30, 1997, the funds remaining 17 following transfer, pursuant to section 261.20 for the 18 fiscal year ending June 30, 1995, which are to be 19 divided equally for purposes of the Iowa vocational- 20 tuition grants and the work study program. Funds 21 appropriated in this section are in addition to funds 22 appropriated in section 261.25, subsection 3, and 23 section 261.85. 24 Sec. 4. Not later than September 1, 1996, the 25 college student aid commission shall compile a list of 26 affected students receiving tuition grants during the 27 fiscal year beginning July 1, 1995, and who 28 transferred from a nonaccredited to an accredited 29 private institution for the fiscal year beginning July 30 1, 1996. If the student meets all financial aid 31 criteria as set forth by the commission, the 32 transferring affected student may continue to receive 33 a tuition grant for the fiscal year beginning July 1, 34 1996. The commission shall calculate the funds 35 remaining from tuition grants awarded to affected 36 students who do not transfer to an accredited private 37 institution in the fiscal year beginning July 1, 1996. 38 Notwithstanding section 261.25, subsection 1, the 39 first $200,000 of these funds shall be used for 40 national guard tuition aid as provided in section 41 261.21 as enacted by this Act, the next $115,000 shall 42 be used for enhanced forgiveable loans as provided in 43 this section, the next $100,000 shall be used for 44 chiropractic graduate student forgiveable loans as 45 provided in section 261.71, the next $15,000 shall be 46 used to provide grants to students who would meet the 47 requirements for receipt of a vocational-technical 48 tuition grant, but who are enrolled in a licensed 49 school of cosmetology arts and sciences under chapter 50 157, or a licensed barber school under chapter 158, Page 4 1 and any excess remaining funds shall be used to award 2 tuition grants to eligible students. For purposes of 3 this paragraph, "affected student" means a qualified 4 student for whom payment of a tuition grant was made 5 under section 261.13 for one or more semesters or 6 trimesters while the student was attending a private 7 institution which was accredited as defined in section 8 261.9 for the fiscal year beginning July 1, 1995, but 9 which does not meet the requirements for an accredited 10 private institution for the fiscal year beginning July 11 1, 1996. 12 The amount of an enhanced forgivable loan issued 13 under this section shall not exceed $11,500. To 14 qualify for an enhanced forgiveable loan a person 15 shall do all of the following: 16 (1) Practice as a primary care physician in a 17 community designated as underserved by state and 18 federal authorities and which has a population of less 19 than 20,000. A student must provide one year of 20 practice for every year of loan forgiveness. 21 (2) Have shown superior academic achievement and 22 demonstrated exceptional financial need during the 23 last year of undergraduate study. 24 The commission shall prescribe by rule the terms of 25 repayment and forgiveness. The rules shall be 26 consistent with the requirements of section 261.19A. 27 The commission shall deposit payments made by loan 28 recipients into the fund created in section 261.19B. 29 DEPARTMENT OF CULTURAL AFFAIRS 30 Sec. 5. There is appropriated from the general 31 fund of the state to the department of cultural 32 affairs for the fiscal year beginning July 1, 1996, 33 and ending June 30, 1997, the following amounts, or so 34 much thereof as is necessary, to be used for the 35 purposes designated: 36 1. ARTS DIVISION 37 For salaries, support, maintenance, miscellaneous 38 purposes, including funds to match federal grants, for 39 areawide arts and cultural service organizations that 40 meet the requirements of chapter 303C, and for not 41 more than the following full-time equivalent 42 positions: 43 $ 1,081,918 44 FTEs 11.00 45 The Iowa arts council shall develop and implement a 46 simplified, uniform grant application for use by all 47 grant applicants and shall prescribe a uniform grant 48 application renewal period for all grant applicants by 49 January 15, 1997. 50 2. HISTORICAL DIVISION Page 5 1 For salaries, support, maintenance, miscellaneous 2 purposes, and for not more than the following full- 3 time equivalent positions: 4 $ 2,626,267 5 FTEs 58.50 6 3. HISTORIC SITES 7 For salaries, support, maintenance, miscellaneous 8 purposes, and for not more than the following full- 9 time equivalent positions: 10 $ 386,039 11 FTEs 5.00 12 4. ADMINISTRATION 13 For salaries, support, maintenance, miscellaneous 14 purposes, and for not more than the following full- 15 time equivalent positions: 16 $ 250,227 17 FTEs 4.30 18 5. COMMUNITY CULTURAL GRANTS 19 For planning and programming for the community 20 cultural grants program established under section 21 303.3, and for not more than the following full-time 22 equivalent position: 23 $ 707,721 24 FTEs 0.70 25 DEPARTMENT OF EDUCATION 26 Sec. 6. There is appropriated from the general 27 fund of the state to the department of education for 28 the fiscal year beginning July 1, 1996, and ending 29 June 30, 1997, the following amounts, or so much 30 thereof as may be necessary, to be used for the 31 purposes designated: 32 1. GENERAL ADMINISTRATION 33 For salaries, support, maintenance, miscellaneous 34 purposes, and for not more than the following full- 35 time equivalent positions: 36 $ 5,378,382 37 FTEs 96.95 38 The department of education shall conduct a study 39 of the special education funding system with the 40 following goals: increasing the capacity of the whole 41 school to meet the needs of all children; increasing 42 support available to "at-risk" students; and ensuring 43 predictable and equitable special education funding at 44 both the state and local levels. The study shall 45 include, but is not limited to, an examination of the 46 consequences of increasing the current special 47 education weights and the impact that will have on 48 those districts whose expenditures exceed the amounts 49 generated under the present weighting plan and on 50 those districts which are generating sufficient funds; Page 6 1 the issues and feasibility of alternative special 2 education funding systems based on school district 3 experiences with involvement from representatives of 4 the education community, including representatives 5 from area education agencies, special education 6 teachers, administrators, and advocacy groups; and the 7 possibility of establishing a funding system to 8 address students that are "at-risk" but are not 9 currently eligible for special education services. 10 The department shall submit its findings and specific 11 recommendations in a report to the general assembly 12 and the legislative fiscal bureau by January 1, 1997. 13 The department of education shall conduct a study 14 of the trends in the number of students requiring 15 services to become proficient in the English language 16 and the current and projected costs related to 17 providing such services by local school districts. 18 The department shall report its findings and specific 19 recommendations regarding funding to the general 20 assembly and the legislative fiscal bureau by January 21 1, 1997. 22 The department of education, in consultation with 23 the department of human services, shall conduct a 24 study of the funding for educational programs provided 25 for each child living with an individual licensed 26 under chapter 237, or in a foster care or other 27 facility as defined in sections 282.19 and 282.27. 28 The recommendations developed shall include but not be 29 limited to the funding structure and source of 30 funding. The department shall submit a report of its 31 findings and recommendations to chairpersons and 32 ranking members of the joint appropriations 33 subcommittee on education and the chairpersons and 34 ranking members of the standing education committees 35 by January 1, 1997. 36 The department of education shall review the 37 reports required of the department by the general 38 assembly since 1980 and shall catalog the progress, 39 success, and failures of the general assembly in 40 implementing or responding to the recommendations 41 contained in those reports. The department shall 42 submit its findings and recommendations to the 43 chairpersons and ranking members of the joint 44 appropriations subcommittee on education and the 45 chairpersons and ranking members of the standing 46 education committees of the senate and the house of 47 representatives by January 1, 1997. 48 The department of education shall conduct a study 49 of the means by which student employability skills may 50 be measured, including but not limited to the Page 7 1 employability skills of students at various levels of 2 their secondary education and students who have 3 graduated, the businesses that employ them, and the 4 institutions of higher learning which admit the 5 graduates. The department shall submit its findings 6 and recommendations to the chairpersons and ranking 7 members of the joint appropriations subcommittee on 8 education and the chairpersons and ranking members of 9 the standing education committees of the senate and 10 the house of representatives by January 1, 1997. 11 The department of education shall submit an annual 12 report of funds expended and activities accomplished 13 in the K-12 and community college management 14 information system to the the general assembly and the 15 legislative fiscal bureau by January 1, 1997. The 16 department shall determine the goals of the K-12 and 17 community college management information system and 18 establish a timeline by which the goals shall be 19 accomplished. The goals and timeline shall be 20 included in the annual report submitted to the general 21 assembly and the legislative fiscal bureau by January 22 1, 1997. 23 2. VOCATIONAL EDUCATION ADMINISTRATION 24 For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full- 26 time equivalent positions: 27 $ 656,057 28 FTEs 18.60 29 3. BOARD OF EDUCATIONAL EXAMINERS 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full- 32 time equivalent positions: 33 $ 194,582 34 FTEs 2.00 35 4. VOCATIONAL REHABILITATION DIVISION 36 a. For salaries, support, maintenance, 37 miscellaneous purposes, and for not more than the 38 following full-time equivalent positions: 39 $ 4,098,243 40 FTEs 289.75 41 The division of vocational rehabilitation services 42 of the department of education shall seek, in addition 43 to state appropriations, funds other than federal 44 funds, which may include but are not limited to local 45 funds, for purposes of matching federal vocational 46 rehabilitation funds. 47 Notwithstanding the full-time equivalent position 48 limit established in this subsection for the fiscal 49 year ending June 30, 1997, if federal funding is 50 available to pay the costs of additional employees for Page 8 1 the vocational rehabilitation division who would have 2 duties relating to vocational rehabilitation services 3 paid for through federal funding, authorization to 4 hire not more than four full-time equivalent employees 5 shall be provided, the full-time equivalent position 6 limit shall be exceeded, and the additional employees 7 shall be hired by the division. 8 b. For matching funds for programs to enable 9 severely physically or mentally disabled persons to 10 function more independently, including salaries and 11 support, and for not more than the following full-time 12 equivalent positions: 13 $ 75,169 14 FTEs 1.50 15 5. STATE LIBRARY 16 For salaries, support, maintenance, miscellaneous 17 purposes, and for not more than the following full- 18 time equivalent positions: 19 $ 2,797,190 20 FTEs 34.50 21 Reimbursement of the institutions of higher 22 learning under the state board of regents for 23 participation in the access plus program during the 24 fiscal year beginning July 1, 1996, and ending June 25 30, 1997, shall not exceed the total amount of 26 reimbursement paid to the regents institutions of 27 higher learning for participation in the access plus 28 program during the fiscal year beginning July 1, 1995, 29 and ending June 30, 1996. 30 6. REGIONAL LIBRARY 31 For state aid: 32 $ 1,537,000 33 7. PUBLIC BROADCASTING DIVISION 34 For salaries, support, maintenance, capital 35 expenditures, miscellaneous purposes, and for not more 36 than the following full-time equivalent positions: 37 $ 7,075,335 38 FTEs 104.50 39 8. CAREER PATHWAYS PROGRAM 40 For purposes of developing and implementing a 41 career pathways program to expand opportunities for 42 youth and adults to become prepared for and succeed in 43 high-wage, high-skill employment: 44 $ 650,000 45 Of the funds appropriated in this subsection, and 46 from funds available pursuant to section 256.39, 47 subsection 7, for each year during the fiscal period 48 beginning July 1, 1996, and ending June 30, 1998, 49 $50,000 may be expended for purposes of employing an 50 individual to administer and direct the career Page 9 1 pathways program. 2 Notwithstanding section 8.33, unobligated and 3 unencumbered money remaining on June 30, 1997, from 4 the allocation made in this subsection shall not 5 revert but shall be available for expenditure during 6 the following fiscal year. 7 9. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 8 For reimbursement for vocational education 9 expenditures made by secondary schools: 10 $ 3,308,850 11 Funds allocated in this subsection shall be used 12 for expenditures made by school districts to meet the 13 standards set in sections 256.11, 258.4, and 260C.14 14 as a result of the enactment of 1989 Iowa Acts, 15 chapter 278. Funds shall be used as reimbursement for 16 vocational education expenditures made by secondary 17 schools in the manner provided by the department of 18 education for implementation of the standards set in 19 1989 Iowa Acts, chapter 278. 20 10. SCHOOL FOOD SERVICE 21 For use as state matching funds for federal 22 programs that shall be disbursed according to federal 23 regulations, including salaries, support, maintenance, 24 miscellaneous purposes, and for not more than the 25 following full-time equivalent positions: 26 $ 2,716,859 27 FTEs 14.00 28 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 29 To provide funds for costs of providing textbooks 30 to each resident pupil who attends a nonpublic school 31 as authorized by section 301.1. The funding is 32 limited to $20 per pupil and shall not exceed the 33 comparable services offered to resident public school 34 pupils: 35 $ 616,000 36 12. VOCATIONAL AGRICULTURE YOUTH ORGANIZATION 37 To assist a vocational agriculture youth 38 organization sponsored by the schools to support the 39 foundation established by that vocational agriculture 40 youth organization and for other youth activities: 41 $ 107,900 42 13. FAMILY RESOURCE CENTERS 43 For support of the family resource center 44 demonstration program established under chapter 256C: 45 $ 120,000 46 14. CENTER FOR ASSESSMENT 47 For the purpose of developing academic standards in 48 the areas of math, history, science, English, language 49 arts, and geography: 50 $ 200,000 Page 10 1 The department of education shall submit in a 2 report to the general assembly by January 1, 1997, the 3 amount of state funding anticipated to be needed to 4 fund the department's future participation with the 5 center for assessment and shall determine the number 6 of years participation is necessary. 7 15. COMMUNITY COLLEGES 8 Notwithstanding chapter 260D, if applicable, for 9 general state financial aid, including general 10 financial aid to merged areas in lieu of personal 11 property tax replacement payments under section 12 427A.13, to merged areas as defined in section 260C.2, 13 for vocational education programs in accordance with 14 chapters 258 and 260C: 15 $ 126,006,270 16 The funds appropriated in this subsection shall be 17 allocated as follows: 18 a. Merged Area I $ 6,011,556 19 b. Merged Area II $ 7,088,572 20 c. Merged Area III $ 6,693,483 21 d. Merged Area IV $ 3,261,020 22 e. Merged Area V $ 6,820,986 23 f. Merged Area VI $ 6,321,009 24 g. Merged Area VII $ 9,016,757 25 h. Merged Area IX $ 11,055,518 26 i. Merged Area X $ 17,159,800 27 j. Merged Area XI $ 18,467,633 28 k. Merged Area XII $ 7,281,649 29 l. Merged Area XIII $ 7,447,594 30 m. Merged Area XIV $ 3,303,347 31 n. Merged Area XV $ 10,303,739 32 o. Merged Area XVI $ 5,773,608 33 Of the moneys allocated to merged area XI in 34 paragraph "j", for the fiscal year beginning July 1, 35 1996, and ending June 30, 1997, $135,000 shall be 36 expended on the career opportunity program established 37 in section 260C.29 to provide assistance to minority 38 persons who major in fields or subject areas where 39 minorities are currently underutilized. 40 By January 1, 1997, the department of education, in 41 consultation with the Iowa association of community 42 college trustees, shall submit recommendations for a 43 funding formula that identifies and addresses 44 community college needs. 45 Unless the board of directors of a community 46 college filed a dental hygiene program intent form 47 with the department of education by December 1, 1995, 48 the board shall not authorize the creation of a dental 49 hygienist program until after the adjournment of the 50 first regular session of the Seventy-seventh General Page 11 1 Assembly. 2 Sec. 7. The board of directors of each community 3 college shall submit to the department of education 4 and the legislative fiscal bureau, by August 15, 1996, 5 on forms designed by the department of education in 6 consultation with the community colleges, information 7 which shall include, but is not limited to, the 8 following: 9 1. The number of full-time and part-time students 10 enrolled in each program offered by the community 11 college, listed by program. 12 2. The number of and any appropriate demographic 13 information, including salaries of full-time and part- 14 time staff, relating to the faculty, administration, 15 and support personnel employed at each community 16 college. 17 3. The full-time equivalent total of persons 18 employed as identified in subsection 2. 19 4. Tuition charges, fees, and other costs payable 20 to the community college by a student. 21 5. The types of degrees granted by the community 22 college and the number of students receiving these 23 degrees. 24 6. The amounts of revenues and expenditures from 25 state financial aid, federal funds, tax levies, 26 projects authorized under chapters 260E and 260F, 27 tuition, bonds, other local sources, foundation 28 sources, and donations and gifts that may be accepted 29 by the governing board of a community college. 30 7. An inventory of buildings and facilities owned 31 and leased by the community college, and any related 32 operation and maintenance costs. 33 8. Infrastructure plans, which shall include, but 34 are not limited to, the amounts expended in the 35 current fiscal year on renovation and construction, 36 and any future plans and projected costs for 37 expansion. 38 The department of education may withhold from a 39 community college any state financial assistance 40 appropriated to the department for allocation to the 41 community college for the fiscal year beginning July 42 1, 1996, and ending June 30, 1997, if the community 43 college fails to substantially meet the requirements 44 of this section. 45 Sec. 8. Notwithstanding section 8.33 and 1995 Iowa 46 Acts, chapter 218, section 1, subsection 17, funds 47 appropriated and allocated for advanced placement 48 pursuant to 1995 Iowa Acts, chapter 218, section 1, 49 subsection 17, remaining unencumbered and unobligated 50 on June 30, 1996, shall not revert to the general fund Page 12 1 of the state but shall be distributed to the 2 department of education for the fiscal year beginning 3 July 1, 1996, and ending June 30, 1997, as follows: 4 1. The amount of $50,000 for participation by the 5 department of education in a state and national 6 project, the national assessment of education progress 7 (NAEP), to determine the academic achievement of Iowa 8 students in math, reading, science, United States 9 history, or geography. 10 2. The amount of $19,000 for purposes of providing 11 grants to support qualifying teams for a worldwide 12 academic competition. 13 If funds available from the specified source under 14 this section are insufficient to fully fund the 15 appropriations made in this section, the amounts 16 appropriated to the department for the purposes 17 specified under this section shall be reduced 18 proportionately. 19 Sec. 9. DEPARTMENT OF EDUCATION INTERIM MEETING. 20 It is the intent of the general assembly that the 21 chairpersons and ranking members of the joint 22 appropriations subcommittee on education, the 23 legislative fiscal bureau, and the legislative service 24 bureau meet with representatives from the 25 international center for gifted and talented education 26 and the first in the nation in education foundation 27 during the 1996 legislative interim period to 28 determine and recommend a permanent funding source and 29 the amount of funding needed to support the center and 30 the foundation. 31 Sec. 10. INTERNATIONAL CENTER FOR GIFTED AND 32 TALENTED EDUCATION. It is the intent of the general 33 assembly that the international center for gifted and 34 talented education fund the gifted and talented summer 35 institute during the fiscal year beginning July 1, 36 1996, from the moneys appropriated to the 37 international center for gifted and talented education 38 pursuant to section 257B.1A for the fiscal year 39 beginning July 1, 1996, and ending June 30, 1997. 40 Sec. 11. Notwithstanding section 257B.1A, 41 subsection 5, as amended by 1996 Iowa Acts, House File 42 570, and this Act, for the fiscal year beginning July 43 1, 1996, and ending June 30, 1997, 50 percent of the 44 interest remaining in the interest for Iowa schools 45 fund after the total of the transfer of moneys to the 46 first in the nation in education foundation pursuant 47 to section 257B.1A, subsection 2, and after the 48 transfer of moneys to the international center 49 endowment fund in section 257B.1A, subsection 3, 50 paragraph "a", shall, in addition, be transferred to Page 13 1 the international center endowment fund and the 2 remaining 50 percent, rather than become a part of the 3 interest for Iowa schools fund, shall be transferred 4 to the first in the nation in education foundation. 5 STATE BOARD OF REGENTS 6 Sec. 12. There is appropriated from the general 7 fund of the state to the state board of regents for 8 the fiscal year beginning July 1, 1996, and ending 9 June 30, 1997, the following amounts, or so much 10 thereof as may be necessary, to be used for the 11 purposes designated: 12 1. OFFICE OF STATE BOARD OF REGENTS 13 a. For salaries, support, maintenance, 14 miscellaneous purposes, and for not more than the 15 following full-time equivalent positions: 16 $ 1,137,417 17 FTEs 15.63 18 If the moneys provided in this lettered paragraph 19 are augmented by reimbursements from the institutions 20 under the control of the state board of regents for 21 the funding of the office of the state board of 22 regents, the office shall report quarterly such 23 reimbursements to the chairpersons and ranking members 24 of the joint appropriations subcommittee on education. 25 The board shall prepare a quarterly report, 26 regarding the board office budget and the 27 reimbursements provided to the board by the 28 institutions of higher learning under the control of 29 the board, which shall be submitted quarterly to the 30 general assembly and the legislative fiscal bureau. 31 b. For allocation by the state board of regents to 32 the state university of Iowa, the Iowa state 33 university of science and technology, and the 34 university of northern Iowa to reimburse the 35 institutions for deficiencies in their operating funds 36 resulting from the pledging of tuitions, student fees 37 and charges, and institutional income to finance the 38 cost of providing academic and administrative 39 buildings and facilities and utility services at the 40 institutions: 41 $ 26,984,350 42 The state board of regents, the department of 43 management, and the legislative fiscal bureau shall 44 cooperate to determine and agree upon, by November 15, 45 1996, the amount that needs to be appropriated for 46 tuition replacement for the fiscal year beginning July 47 1, 1997. 48 c. For funds to be allocated to the southwest Iowa 49 graduate studies center: 50 $ 104,156 Page 14 1 d. For funds to be allocated to the siouxland 2 interstate metropolitan planning council for the 3 tristate graduate center under section 262.9, 4 subsection 21: 5 $ 74,511 6 e. For funds to be allocated to the quad-cities 7 graduate studies center: 8 $ 154,278 9 It is the intent of the general assembly that the 10 state board of regents explore options relating to 11 locating the graduate centers under its control within 12 the appropriate campuses of the community college 13 system, and that the board consider the benefits of 14 fully utilizing the Iowa communications network to 15 maximize efficiency. The board shall review options 16 regarding relocation of the centers and submit 17 recommendations to the legislative fiscal bureau and 18 the joint appropriations subcommittee on education by 19 January 1, 1997. 20 2. STATE UNIVERSITY OF IOWA 21 a. General university, including lakeside 22 laboratory 23 For salaries, support, maintenance, equipment, 24 miscellaneous purposes, and for not more than the 25 following full-time equivalent positions: 26 $ 202,702,328 27 FTEs 4,022.97 28 b. For the primary health care initiative in the 29 college of medicine and for not more than the 30 following full-time equivalent positions: 31 $ 771,000 32 FTEs 11.00 33 From the moneys appropriated in this lettered 34 paragraph, $330,000 shall be allocated to the 35 department of family practice at the state university 36 of Iowa college of medicine for family practice 37 faculty and support staff. 38 c. University hospitals 39 For salaries, support, maintenance, equipment, and 40 miscellaneous purposes and for medical and surgical 41 treatment of indigent patients as provided in chapter 42 255, for medical education, and for not more than the 43 following full-time equivalent positions: 44 $ 29,452,383 45 FTEs 5,701.67 46 The university of Iowa hospitals and clinics shall 47 submit quarterly a report regarding the portion of the 48 appropriation in this lettered paragraph expended on 49 medical education. The report shall be submitted in a 50 format jointly developed by the university of Iowa Page 15 1 hospitals and clinics, the legislative fiscal bureau, 2 and the department of management, and shall delineate 3 the expenditures and purposes of the funds. 4 Funds appropriated in this lettered paragraph shall 5 not be used to perform abortions except medically 6 necessary abortions, and shall not be used to operate 7 the early termination of pregnancy clinic except for 8 the performance of medically necessary abortions. For 9 the purpose of this lettered paragraph, an abortion is 10 the purposeful interruption of pregnancy with the 11 intention other than to produce a live-born infant or 12 to remove a dead fetus, and a medically necessary 13 abortion is one performed under one of the following 14 conditions: 15 (1) The attending physician certifies that 16 continuing the pregnancy would endanger the life of 17 the pregnant woman. 18 (2) The attending physician certifies that the 19 fetus is physically deformed, mentally deficient, or 20 afflicted with a congenital illness. 21 (3) The pregnancy is the result of a rape which is 22 reported within 45 days of the incident to a law 23 enforcement agency or public or private health agency 24 which may include a family physician. 25 (4) The pregnancy is the result of incest which is 26 reported within 150 days of the incident to a law 27 enforcement agency or public or private health agency 28 which may include a family physician. 29 (5) The abortion is a spontaneous abortion, 30 commonly known as a miscarriage, wherein not all of 31 the products of conception are expelled. 32 The total quota allocated to the counties for 33 indigent patients for the fiscal year beginning July 34 1, 1996, shall not be lower than the total quota 35 allocated to the counties for the fiscal year 36 commencing July 1, 1995. The total quota shall be 37 allocated among the counties on the basis of the 1990 38 census pursuant to section 255.16. 39 d. Psychiatric hospital 40 For salaries, support, maintenance, equipment, 41 miscellaneous purposes, for the care, treatment, and 42 maintenance of committed and voluntary public 43 patients, and for not more than the following full- 44 time equivalent positions: 45 $ 7,225,868 46 FTEs 307.05 47 e. Hospital-school 48 For salaries, support, maintenance, miscellaneous 49 purposes, and for not more than the following full- 50 time equivalent positions: Page 16 1 $ 5,938,345 2 FTEs 167.10 3 f. Oakdale campus 4 For salaries, support, maintenance, miscellaneous 5 purposes, and for not more than the following full- 6 time equivalent positions: 7 $ 2,896,269 8 FTEs 63.58 9 g. State hygienic laboratory 10 For salaries, support, maintenance, miscellaneous 11 purposes, and for not more than the following full- 12 time equivalent positions: 13 $ 3,309,148 14 FTEs 102.49 15 h. Family practice program 16 For allocation by the dean of the college of 17 medicine, with approval of the advisory board, to 18 qualified participants, to carry out chapter 148D for 19 the family practice program, including salaries and 20 support, and for not more than the following full-time 21 equivalent positions: 22 $ 2,060,917 23 FTEs 180.74 24 i. Child health care services 25 For specialized child health care services, 26 including childhood cancer diagnostic and treatment 27 network programs, rural comprehensive care for 28 hemophilia patients, and the Iowa high-risk infant 29 follow-up program, including salaries and support, and 30 for not more than the following full-time equivalent 31 positions: 32 $ 464,274 33 FTEs 10.60 34 j. Agricultural health and safety programs 35 For agricultural health and safety programs, and 36 for not more than the following full-time equivalent 37 positions: 38 $ 253,213 39 FTEs 3.48 40 k. Statewide cancer registry 41 For the statewide cancer registry, and for not more 42 than the following full-time equivalent positions: 43 $ 195,167 44 FTEs 3.07 45 l. Substance abuse consortium 46 For funds to be allocated to the Iowa consortium 47 for substance abuse research and evaluation, and for 48 not more than the following full-time equivalent 49 positions: 50 $ 64,396 Page 17 1 FTEs 1.15 2 m. Center for biocatalysis 3 For the center for biocatalysis, and for not more 4 than the following full-time equivalent positions: 5 $ 1,017,000 6 FTEs 14.40 7 n. National advanced driving simulator 8 For the national advanced driving simulator, and 9 for not more than the following full-time equivalent 10 positions: 11 $ 608,448 12 FTEs 3.58 13 It is the intent of the general assembly that 14 fiscal year 1997-1998 shall be the last fiscal year in 15 which the general assembly appropriates funds for 16 purposes of the planning and construction of the 17 national advanced driving simulator. 18 o. Research park 19 For salaries, support, maintenance, equipment, 20 miscellaneous purposes, and for not more than the 21 following full-time equivalent positions: 22 $ 321,000 23 FTEs 4.35 24 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 25 a. General university 26 For salaries, support, maintenance, equipment, 27 miscellaneous purposes, and for not more than the 28 following full-time equivalent positions: 29 $ 161,084,066 30 FTEs 3,583.64 31 Of the funds appropriated in this lettered 32 paragraph, for the fiscal year beginning July 1, 1996, 33 and ending June 30, 1997, $40,000 shall be expended 34 for purposes of the institute of public leadership. 35 Of the funds appropriated in this lettered 36 paragraph, for the fiscal year beginning July 1, 1996, 37 and ending June 30, 1997, $1,700,000 shall be expended 38 for purposes of the healthy livestock program. 39 b. Agricultural experiment station 40 For salaries, support, maintenance, miscellaneous 41 purposes, and for not more than the following full- 42 time equivalent positions: 43 $ 31,754,200 44 FTEs 546.98 45 c. Cooperative extension service in agriculture 46 and home economics 47 For salaries, support, maintenance, miscellaneous 48 purposes, including salaries and support for the fire 49 service institute, and for not more than the following 50 full-time equivalent positions: Page 18 1 $ 19,280,398 2 FTEs 431.85 3 By January 1, 1997, Iowa state university of 4 science and technology shall submit a report 5 concerning the population served and each service 6 provided by the Iowa cooperative extension service in 7 agriculture and home economics to the chairpersons and 8 ranking members of the joint appropriations 9 subcommittee on education and the legislative fiscal 10 bureau. 11 d. Leopold center 12 For agricultural research grants at Iowa state 13 university under section 266.39B, and for not more 14 than the following full-time equivalent positions: 15 $ 560,593 16 FTEs 11.25 17 e. Livestock disease research 18 For deposit in and the use of the livestock disease 19 research fund under section 267.8, and for not more 20 than the following full-time equivalent positions: 21 $ 276,022 22 FTEs 3.17 23 f. Research park 24 For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full- 26 time equivalent positions: 27 $ 370,000 28 FTEs 4.31 29 4. UNIVERSITY OF NORTHERN IOWA 30 a. General university 31 For salaries, support, maintenance, equipment, 32 miscellaneous purposes, and for not more than the 33 following full-time equivalent positions: 34 $ 72,083,159 35 FTEs 1,425.50 36 b. Recycling and reuse center 37 $ 239,745 38 c. Metal casting 39 $ 160,000 40 5. STATE SCHOOL FOR THE DEAF 41 For salaries, support, maintenance, miscellaneous 42 purposes, and for not more than the following full- 43 time equivalent positions: 44 $ 6,703,655 45 FTEs 124.14 46 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 47 For salaries, support, maintenance, miscellaneous 48 purposes, and for not more than the following full- 49 time equivalent positions: 50 $ 3,736,503 Page 19 1 FTEs 83.68 2 7. TUITION AND TRANSPORTATION COSTS 3 For payment to local school boards for the tuition 4 and transportation costs of students residing in the 5 Iowa braille and sight saving school and the state 6 school for the deaf pursuant to section 262.43 and for 7 payment of certain clothing and transportation costs 8 for students at these schools pursuant to section 9 270.5: 10 $ 11,882 11 Sec. 13. If revenues received by the state board 12 of regents from indirect cost reimbursements, refunds 13 and reimbursements, interest, and other categories 14 within the general operating budgets of the 15 institutions of higher learning under the control of 16 the regents equal an amount greater than the original 17 budget approved by the regents board for the fiscal 18 year beginning July 1, 1996, and ending June 30, 1997, 19 the increase shall be used for building repair, 20 deferred maintenance, or fire safety at the respective 21 institutions of higher learning under the control of 22 the board, and shall not be used to increase budget 23 ceilings adopted by the regents board. 24 Sec. 14. Reallocations of sums received under 25 section 12, subsections 2, 3, 4, 5, and 6, of this 26 Act, including sums received for salaries, shall be 27 reported on a quarterly basis to the co-chairpersons 28 and ranking members of the legislative fiscal 29 committee and the joint appropriations subcommittee on 30 education. 31 Sec. 15. It is the intent of the general assembly 32 that $328,155 of the money appropriated to the 33 university of northern Iowa for the fiscal year 34 beginning July 1, 1996, and ending June 30, 1997, in 35 1996 Iowa Acts, Senate File 2195, section 3, if 36 enacted, shall be treated by the department of 37 management in the same manner as the money 38 appropriated under the general university category for 39 the university of northern Iowa in section 12, 40 subsection 4, paragraph "a", of this Act. 41 Sec. 16. Notwithstanding section 8.33, funds 42 appropriated in 1995 Iowa Acts, chapter 218, section 43 6, subsection 1, paragraph "b", remaining unencumbered 44 or unobligated on June 30, 1996, shall not revert to 45 the general fund of the state but shall be available 46 for expenditure for the purposes listed in section 12, 47 subsection 1, paragraph "b", of this Act during the 48 fiscal year beginning July 1, 1996, and ending June 49 30, 1997. 50 Sec. 17. MEDICAL ASSISTANCE - SUPPLEMENTAL Page 20 1 AMOUNTS. For the fiscal year beginning July 1, 1996, 2 and ending June 30, 1997, the department of human 3 services shall continue the supplemental 4 disproportionate share and a supplemental indirect 5 medical education adjustment applicable to state-owned 6 acute care hospitals with more than 500 beds and shall 7 reimburse qualifying hospitals pursuant to that 8 adjustment with a supplemental amount for services 9 provided medical assistance recipients. The 10 adjustment shall generate supplemental payments 11 intended to equal the state appropriation made to a 12 qualifying hospital for treatment of indigent patients 13 as provided in chapter 255. To the extent of the 14 supplemental payments, a qualifying hospital shall, 15 after receipt of the funds, transfer to the department 16 of human services an amount equal to the actual 17 supplemental payments that were made in that month. 18 The aggregate amounts for the fiscal year shall not 19 exceed the state appropriation made to the qualifying 20 hospital for treatment of indigent patients as 21 provided in chapter 255. The department of human 22 services shall deposit the portion of these funds 23 equal to the state share in the department's medical 24 assistance account and the balance shall be credited 25 to the general fund of the state. To the extent that 26 state funds appropriated to a qualifying hospital for 27 the treatment of indigent patients as provided in 28 chapter 255 have been transferred to the department of 29 human services as a result of these supplemental 30 payments made to the qualifying hospital, the 31 department shall not, directly or indirectly, recoup 32 the supplemental payments made to a qualifying 33 hospital for any reason, unless an equivalent amount 34 of the funds transferred to the department of human 35 services by a qualifying hospital pursuant to this 36 provision is transferred to the qualifying hospital by 37 the department. 38 If the state supplemental amount allotted to the 39 state of Iowa for the federal fiscal year beginning 40 October 1, 1996, and ending September 30, 1997, 41 pursuant to section 1923 (f)(3) of the federal Social 42 Security Act, as amended, or pursuant to federal 43 payments for indirect medical education is greater 44 than the amount necessary to fund the federal share of 45 the supplemental payments specified in the preceding 46 paragraph, the department of human services shall 47 increase the supplemental disproportionate share or 48 supplemental indirect medical education adjustment by 49 the lesser of the amount necessary to utilize fully 50 the state supplemental amount or the amount of state Page 21 1 funds appropriated to the state university of Iowa 2 general education fund and allocated to the university 3 for the college of medicine. The state university of 4 Iowa shall transfer from the allocation for the 5 college of medicine to the department of human 6 services, on a monthly basis, an amount equal to the 7 additional supplemental payments made during the 8 previous month pursuant to this paragraph. A 9 qualifying hospital receiving supplemental payments 10 pursuant to this paragraph that are greater than the 11 state appropriation made to the qualifying hospital 12 for treatment of indigent patients as provided in 13 chapter 255 shall be obligated as a condition of its 14 participation in the medical assistance program to 15 transfer to the state university of Iowa general 16 education fund on a monthly basis an amount equal to 17 the funds transferred by the state university of Iowa 18 to the department of human services. To the extent 19 that state funds appropriated to the state university 20 of Iowa and allocated to the college of medicine have 21 been transferred to the department of human services 22 as a result of these supplemental payments made to the 23 qualifying hospital, the department shall not, 24 directly or indirectly, recoup these supplemental 25 payments made to a qualifying hospital for any reason, 26 unless an equivalent amount of the funds transferred 27 to the department of human services by the state 28 university of Iowa pursuant to this paragraph is 29 transferred to the qualifying hospital by the 30 department. 31 Continuation of the supplemental disproportionate 32 share and supplemental indirect medical education 33 adjustment shall preserve the funds available to the 34 university hospital for medical and surgical treatment 35 of indigent patients as provided in chapter 255 and to 36 the state university of Iowa for educational purposes 37 at the same level as provided by the state funds 38 initially appropriated for that purpose. 39 The department of human services shall, in any 40 compilation of data or other report distributed to the 41 public concerning payments to providers under the 42 medical assistance program, set forth reimbursements 43 to a qualifying hospital through the supplemental 44 disproportionate share and supplemental indirect 45 medical education adjustment as a separate item and 46 shall not include such payments in the amounts 47 otherwise reported as the reimbursement to a 48 qualifying hospital for services to medical assistance 49 recipients. 50 For purposes of this section, "supplemental Page 22 1 payment" means a supplemental payment amount paid for 2 medical assistance to a hospital qualifying for that 3 payment under this section. 4 Sec. 18. For the fiscal year beginning July 1, 5 1996, and ending June 30, 1997, the state board of 6 regents may use notes, bonds, or other evidences of 7 indebtedness issued under section 262.48 to finance 8 projects that will result in energy cost savings in an 9 amount that will cause the state board to recover the 10 cost of the projects within an average of six years. 11 Sec. 19. Notwithstanding section 270.7, the 12 department of revenue and finance shall pay the state 13 school for the deaf and the Iowa braille and sight 14 saving school the moneys collected from the counties 15 during the fiscal year beginning July 1, 1996, for 16 expenses relating to prescription drug costs for 17 students attending the state school for the deaf and 18 the Iowa braille and sight saving school. 19 Sec. 20. Section 11.6, subsection 1, paragraph a, 20 unnumbered paragraph 1, Code 1995, is amended to read 21 as follows: 22 The financial condition and transactions of all 23 cities and city offices, counties, county hospitals 24 organized under chapters 347 and 347A, memorial 25 hospitals organized under chapter 37, entities 26 organized under chapter 28E having gross receipts in 27 excess of one hundred thousand dollars in a fiscal 28 year, merged areas, area education agencies, and all 29 school offices in school districts, shall be examined 30 at least once each year, except that cities having a 31 population of seven hundred or more but less than two 32 thousand shall be examined at least once every four 33 years, and cities having a population of less than 34 seven hundred may be examined as otherwise provided in 35 this section. The examination shall cover the fiscal 36 year next preceding the year in which the audit is 37 conducted. The examination of school offices shall 38 include an audit of all school funds, the certified 39 annual financial report, and the certified enrollment 40 as provided in section 257.6.Examinations of41community colleges shall include an audit of eligible42and noneligible contact hours as defined in section43260D.2. Eligible and noneligible contact hours and44any differencesDifferences in certified enrollment 45 shall be reported to the department of management. 46 Sec. 21. Section 256.52, subsections 1 and 2, Code 47 1995, are amended to read as follows: 48 1. The state commission of libraries consists of 49 one member appointed by the supreme court, the 50 director of the department of education, or the Page 23 1 director's designee, and six members appointed by the 2 governor to serve four-year terms beginning and ending 3 as provided in section 69.19. Of the governor's 4 appointees, one member shall be from the medical 5 profession and five members selected at large. Not 6 more than three of the members appointed by the 7 governor shall be of the same gender. The members 8 shall be reimbursed for their actual expenditures 9 necessitated by their official duties. Members may 10 also be eligible for compensation as provided in 11 section 7E.6. 12 2. The commission shall elect one of its members 13 as chairperson. The commission shall meet at the time 14 and place specified by call of the chairperson.Four15 Five members are a quorum for the transaction of 16 business. 17 Sec. 22. Section 257.31, subsection 16, Code 1995, 18 is amended to read as follows: 19 16. The committee shall perform the duties 20 assigned to it underchapter 260D and sectionsections 21 257.32 and 260C.18B. 22 Sec. 23. Section 257B.1A, subsections 2 through 4, 23 if enacted by 1996 Iowa Acts, House File 570, are 24 amended to read as follows: 25 2. For a transfer of moneys from the interest for 26 Iowa schools fund to the first in the nation in 27 education foundation, prior to July 1, October 1, 28 January 1, and March 1 of each year, the governing 29 board of the first in the nation in education 30 foundation established in section 257A.2 shall certify 31 to the treasurer of state the cumulative total value 32 of cash contributions received under section 257A.7 33 for deposit in the first in the nation in education 34 fund and for the use of the foundation.The value of35in-kind contributions shall be based upon the fair36market value of the contribution determined for income37tax purposes.38 The portion of the permanent school fund that is 39 equal to the cumulative total value of cash 40 contributions, less the portion of the permanent 41 school fund dedicated to the international center for 42 gifted and talented education, is dedicated to the 43 first in the nation in education foundation for that 44 year. The interest earned on this dedicated amount 45 shall be transferred by the treasurer of state to the 46 credit of the first in the nation in education 47 foundation. 48 3. a. For a transfer of moneys from the interest 49 for Iowa schools fund to the international center 50 endowment fund established in section 263.8A, prior to Page 24 1 July 1, October 1, January 1, and March 1 of each 2 year, the state university of Iowa shall certify to 3 the treasurer of state the cumulative total value of 4 cash contributions received and deposited in the 5 international center endowment fund. Within fifteen 6 days following certification by the state university 7 of Iowa, the treasurer of state shall transfer from 8 the interest for Iowa schools fund to the 9 international center an amount equal to the amount of 10 interest earned on the portion of the permanent school 11 fund that is equal to one-half the cumulative total 12 value of the cash contributions deposited in the 13 international center endowment fund, not to exceed 14 eight hundred seventy-five thousand dollars. 15 b. However, if prior to July 1, 1998, the general 16 assembly appropriates moneys for the international 17 center endowment fund established in section 263.8A in 18 an aggregate amount equal to eight hundred seventy- 19 five thousand dollars, the transfer of the interest 20 earned based upon the cumulative value of cash 21 contributions equal to one million seven hundred fifty 22 thousand dollars deposited in the international center 23 endowment fund on July 1, 1995, is no longer required 24 under this section. If, on or after July 1, 1998, the 25 general assembly appropriates moneys for the 26 international center endowment fund in an aggregate 27 amount equal to six hundred seventy-five thousand 28 dollars, the transfer of interest earned based upon 29 the cumulative value of cash contributions equal to 30 one million three hundred fifty thousand dollars 31 deposited in the international center endowment fund 32 between July 1, 1995, and June 30, 1998, is no longer 33 required under this section. 34 4. In addition to the moneys transferred pursuant 35 to subsection 3, paragraph "a", effective on the date 36 on which the cumulative total value of cash 37 contributions deposited in the international center 38 endowment fund between July 1, 1995, and June 30, 39 1998, equals or exceeds one million three hundred 40 fifty thousand dollars, and annually thereafter, the 41 treasurer of state shall transfer moneys from the 42 interest for Iowa schools fund to the international 43 center endowment fund in an amount equal to the 44 interest earned on six hundred seventy-five thousand 45 dollars in the permanent school fund. 46 Sec. 24. Section 260C.2, Code 1995, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION. 2A. "Instructional cost center" 49 means one of the following areas of course offerings 50 of the community colleges: Page 25 1 a. Arts and sciences cost center. 2 b. Vocational-technical preparatory cost center. 3 c. Vocational-technical supplementary cost center. 4 d. Adult basic education and high school 5 completion cost center. 6 e. Continuing and general education cost center. 7 Sec. 25. Section 260C.4, subsection 4, paragraph 8 h, Code 1995, is amended to read as follows: 9 h. This subsection is void and shall be stricken 10 from the Code effective June 30,19951998, except as 11 provided in section 260C.47. 12 Sec. 26. Section 260C.14, Code 1995, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION. 22. Provide, within a reasonable 15 time, information as requested by the departments of 16 management and education. 17 Sec. 27. Section 260C.18, subsection 4, Code 1995, 18 is amended to read as follows: 19 4. State aid and supplemental state aid to be paid 20 in accordance with the statutes which provide such 21 aid. 22 Sec. 28. NEW SECTION. 260C.18A STATE AID. 23 For the fiscal year beginning July 1, 1996, and for 24 each succeeding fiscal year, moneys appropriated by 25 the general assembly from the general fund of the 26 state to the department of education for community 27 college purposes for general state financial aid, 28 including general financial aid to merged areas in 29 lieu of personal property tax replacement payments 30 under section 427A.13, to merged areas as defined in 31 section 260C.2, and for vocational education programs 32 in accordance with chapters 258 and 260C, for a fiscal 33 year, shall be allocated to each community college by 34 the department of education in the proportion that the 35 allocation to that community college in 1995 Iowa 36 Acts, chapter 218, section 1, subsection 19, bears to 37 the total appropriation made in 1995 Iowa Acts, 38 chapter 218, section 1, subsection 19. 39 Sec. 29. NEW SECTION. 260C.18B COMMUNITY COLLEGE 40 BUDGET REVIEW. 41 1. A community college budget review procedure is 42 established for the school budget review committee 43 created in section 257.30. The school budget review 44 committee, in addition to its duties under chapter 45 257, shall meet and hold hearings each year under this 46 chapter to review unusual circumstances of community 47 colleges, either upon the committee's motion or upon 48 the request of a community college. The committee may 49 grant supplemental state aid to the community college 50 from funds appropriated to the department of education Page 26 1 for community college budget review purposes. 2 Unusual circumstances shall include but not be 3 limited to the following: 4 a. An unusual increase or decrease in enrollment 5 or contact hours. 6 b. Natural disasters. 7 c. Unusual staffing problems. 8 d. Unusual necessity for additional funds to 9 permit continuance of a course or program in an 10 instructional cost center which provides substantial 11 benefit to students. 12 e. Unusual need for a new course or program in an 13 instructional cost center which will provide 14 substantial benefit to students, if the community 15 college establishes the need and the amount of 16 necessary increased cost. 17 f. Unique problems of community colleges to 18 include vandalism, civil disobedience, and other costs 19 incurred by community colleges. 20 2. When the school budget review committee makes a 21 decision under subsection 1, it shall provide written 22 notice of its decision, including the amount of 23 supplemental state aid approved, to the board of 24 directors of the community college and to the 25 department of education. 26 3. All decisions by the school budget review 27 committee under this chapter shall be made in 28 accordance with reasonable and uniform policies which 29 shall be consistent with this chapter. 30 4. Failure by a community college to provide 31 information or appear before the school budget review 32 committee as requested for the accomplishment of 33 review or hearing constitutes justification for the 34 committee to instruct the department of revenue and 35 finance to withhold supplemental state aid to that 36 community college until the committee's inquiries are 37 satisfied completely. 38 Sec. 30. Section 260C.22, Code 1995, is amended by 39 adding the following new subsection: 40 NEW SUBSECTION. 4. The board of directors of any 41 merged area that failed to certify for levy under 42 subsection 3 by March 15, 1982, and March 15, 1983, 43 may certify for levy by April 15, 1997, and April 15, 44 1998, a tax on taxable property in the merged area at 45 rates that will provide total revenues for the two 46 years equal to five percent of the area school's 47 general fund expenditures for the fiscal year ending 48 June 30, 1995, in order to provide a cash reserve for 49 that area school. As nearly as possible, one-half the 50 revenue for the cash reserve fund shall be collected Page 27 1 during each year. 2 The revenues derived from the levies shall be 3 placed in a separate cash reserve fund. 4 Notwithstanding subsection 3, moneys from the cash 5 reserve fund established by a merged area under 6 subsection 3 or this subsection shall be used only to 7 alleviate temporary cash shortages and for the 8 acquisition, lease, lease-purchase, installation, and 9 maintenance of instructional technology equipment, 10 including hardware and software, materials and 11 supplies, and staff development and training related 12 to instructional technology. If moneys from the cash 13 reserve fund are used to alleviate a temporary cash 14 shortage, the cash reserve fund shall be reimbursed 15 immediately from the general fund of the community 16 college as funds in the general fund become available, 17 but in no case later than June 30 of the current 18 fiscal year, to repay the funds taken from the cash 19 reserve fund. 20 Sec. 31. Section 260C.29, subsection 3, Code 21 Supplement 1995, is amended by adding the following 22 new paragraphs: 23 NEW PARAGRAPH. f. Contract with other community 24 colleges to expand the availability of program 25 services and increase the number of students served by 26 the program. 27 NEW PARAGRAPH. g. Establish a separate account, 28 which shall consist of all appropriations, grants, 29 contributions, bequests, endowments, or other moneys 30 or gifts received specifically for purposes of the 31 program by the community college administering the 32 program as provided in subsection 2. Not less than 33 eighty percent of the funds received from state 34 appropriations for purposes of the program shall be 35 used for purposes of assistance to students as 36 provided in subsection 5. 37 Sec. 32. Section 260C.34, Code 1995, is amended to 38 read as follows: 39 260C.34 USES OF FUNDS. 40 Funds obtained pursuant to section 260C.17; section 41 260C.18, subsections 3, 4, and 5of section 260C.18; 42sectionand sections 260C.18A, 260C.18B, 260C.19;, and 43section260C.22 shall not be used for the construction 44 or maintenance of athletic buildings or grounds but 45 may be used for a project under section 260C.56. 46 Sec. 33. Section 260C.39, unnumbered paragraph 5, 47 Code 1995, is amended to read as follows: 48 The terms of employment of personnel, for the 49 academic year following the effective date of the 50 agreement to combine the merged areas shall not be Page 28 1 affected by the combination of the merged areas, 2 except in accordance with the procedures under 3 sections 279.15 to 279.18 and section 279.24, to the 4 extent those procedures are applicable, or under the 5 terms of the base bargaining agreement. The authority 6 and responsibility to offer new contracts or to 7 continue, modify, or terminate existing contracts 8 pursuant to any applicable procedures under chapter 9 279, shall be transferred to the acting, and then to 10 the new, board of the combined merged area upon 11 certification of a favorable vote to each of the 12 merged areas affected by the agreement. The 13 collective bargaining agreement of the merged area 14with the largest number of contact hours eligible for15 receiving the greatest amount of general state aid, as16defined under section 260D.2,shall serve as the base 17 agreement for the combined merged area and the 18 employees of the merged areas which combined to form 19 the new combined merged area shall automatically be 20 accreted to the bargaining unit from that former 21 merged area for purposes of negotiating the contracts 22 for the following years without further action by the 23 public employment relations board. If only one 24 collective bargaining agreement is in effect among the 25 merged areas which are combining under this section, 26 then that agreement shall serve as the base agreement, 27 and the employees of the merged areas which are 28 combining to form the new combined merged area shall 29 automatically be accreted to the bargaining unit of 30 that former merged area for purposes of negotiating 31 the contracts for the following years without further 32 action by the public employment relations board. The 33 board of the combined merged area, using the base 34 agreement as its existing contract, shall bargain with 35 the combined employees of the merged areas that have 36 agreed to combine for the academic year beginning with 37 the effective date of the agreement to combine merged 38 areas. The bargaining shall be completed by March 15 39 prior to the academic year in which the agreement to 40 combine merged areas becomes effective or within one 41 hundred eighty days after the organization of the 42 acting board of the new combined merged area, 43 whichever is later. If a bargaining agreement was 44 already concluded in the former merged area which has 45 the collective bargaining agreement that is serving as 46 the base agreement for the new combined merged area, 47 between the former merged area board and the employees 48 of the former merged area, that agreement is void, 49 unless the agreement contained multiyear provisions 50 affecting academic years subsequent to the effective Page 29 1 date of the agreement to form a combined merged area. 2 If the base collective bargaining agreement contains 3 multiyear provisions, the duration and effect of the 4 agreement shall be controlled by the terms of the 5 agreement. The provisions of the base agreement shall 6 apply to the offering of new contracts, or the 7 continuation, modification, or termination of existing 8 contracts between the acting or new board of the 9 combined merged area and the combined employees of the 10 new combined merged area. 11 Sec. 34. Section 260C.47, subsection 1, unnumbered 12 paragraph 1, Code 1995, is amended to read as follows: 13 The state board of education shall establish an 14 accreditation process for community college programs 15 by July 1,19941997. The process shall be jointly 16 developed and agreed upon by the department of 17 education and the community colleges. The state 18 accreditation process shall be integrated with the 19 accreditation process of the north central association 20 of colleges and schools, including the evaluation 21 cycle, the self-study process, and the criteria for 22 evaluation, which shall incorporate the standards for 23 community colleges developed under section 260C.48; 24 and shall identify and make provision for the needs of 25 the state that are not met by the association's 26 accreditation process. If a joint agreement has not 27 been reached by July 1,19941997, the approval 28 process provided under section 260C.4, subsection 4, 29 shall remain the required accreditation process for 30 community colleges. For the academic year commencing 31 July 1,19951998, and in succeeding school years, the 32 department of education shall use a two-component 33 process for the continued accreditation of community 34 college programs. 35 Sec. 35. NEW SECTION. 260C.49 RULES. 36 The department of education shall adopt rules and 37 definitions of terms necessary for the administration 38 of this chapter. The school budget review committee 39 shall adopt rules under chapter 17A to carry out 40 section 260C.18B. 41 Sec. 36. Section 261.12, subsection 1, paragraph 42 b, Code Supplement 1995, is amended to read as 43 follows: 44 b. For the fiscal year beginning July 1,199545 1996, and for each following fiscal year,twothree 46 thousandnineone hundred fifty dollars. 47 Sec. 37. NEW SECTION. 261.21 NATIONAL GUARD 48 TUITION AID PROGRAM. 49 1. Subject to an appropriation of sufficient funds 50 by the general assembly, a member of the national Page 30 1 guard who meets the eligibility requirements of this 2 subsection is entitled to attend and pursue any 3 undergraduate course of study at a community college 4 as defined in chapter 260C, or an institution of 5 higher learning under the control of the state board 6 of regents upon the payment by the member personally 7 of fifty percent of the tuition charged by the 8 community college or institution of higher learning. 9 The remaining tuition shall be paid by the college 10 student aid commission from funds appropriated by the 11 general assembly. To be eligible for tuition aid 12 under this section, a national guard member shall meet 13 the following conditions: 14 a. Be a resident of the state and a member of an 15 Iowa army or air national guard unit throughout each 16 semester or duration of the vocational program for 17 which the member has applied for benefits. 18 b. Have satisfactorily completed required initial 19 active duty training. 20 c. Have maintained satisfactory performance of 21 duty upon return from initial active duty training, 22 including attending a minimum ninety percent of 23 scheduled drill dates and attending annual training. 24 d. Have satisfactorily met the entrance 25 requirements for admission to a community college, or 26 institution of higher learning under the control of 27 the state board of regents, and maintain satisfactory 28 academic progress. 29 e. Have provided proper notice of national guard 30 status to the community college or institution at the 31 time of registration for the term in which tuition 32 benefits are sought. 33 f. Apply to the adjutant general of Iowa, who 34 shall determine eligibility and whose decision is 35 final. 36 2. Participation in the tuition aid program by an 37 accredited private institution, as defined in section 38 261.9, is voluntary. Subject to an appropriation of 39 sufficient funds by the general assembly, a member of 40 the Iowa national guard who meets the eligibility 41 requirements of subsection 1, except for subsection 1, 42 paragraph "d", is entitled to attend and pursue any 43 undergraduate course of study at any participating 44 accredited private institution, as defined in section 45 261.9, upon admission to the institution and payment 46 of tuition less an amount equal to fifty percent of 47 the resident tuition rate established for institutions 48 of higher learning under the control of the state 49 board of regents. The remaining tuition, not to 50 exceed fifty percent of the resident tuition rate for Page 31 1 a regents university, shall be paid by the college 2 student aid commission from funds appropriated by the 3 general assembly. 4 3. An eligible member of the national guard, 5 attending an educational institution as a full-time 6 student, shall not receive tuition aid under this 7 section for more than eight semesters, or if attending 8 as a part-time student, not more than sixteen 9 semesters of undergraduate study, or the trimester or 10 quarter equivalent. A guard member who has met the 11 educational requirements for a baccalaureate degree is 12 ineligible for tuition aid under this section. 13 4. The eligibility of applicants shall be 14 certified by the adjutant general of Iowa to the 15 college student aid commission, and all amounts that 16 are or become due to a community college, accredited 17 private institution, or institution of higher learning 18 under the control of the state board of regents under 19 this section shall be paid to the college or 20 institution by the college student aid commission upon 21 receipt of certification by the president or governing 22 board of the educational institution as to accuracy of 23 charges made, and as to the attendance of the 24 individual at the educational institution. The 25 college student aid commission shall maintain an 26 annual record of the number of participants and the 27 tuition dollar value of the participation. 28 5. The college student aid commission shall adopt 29 rules pursuant to chapter 17A to administer this 30 section. 31 Sec. 38. Section 261.25, subsections 1 and 3, Code 32 Supplement 1995, are amended to read as follows: 33 1. There is appropriated from the general fund of 34 the state to the commission for each fiscal year the 35 sum ofthirty-fivethirty-eight million six hundred 36 sixty-four thousand seven hundred fifty dollars for 37 tuition grants. 38 3. There is appropriated from the general fund of 39 the state to the commission for each fiscal year the 40 sum of one millionfoursix hundredtwenty-foureight 41 thousandseventwo hundredeightyfifty-seven dollars 42 for vocational-technical tuition grants. 43 Sec. 39. Section 261.48, unnumbered paragraph 4, 44 Code 1995, is amended by striking the unnumbered 45 paragraph. 46 Sec. 40. Section 261C.6, subsection 2, unnumbered 47 paragraph 2, Code 1995, is amended to read as follows: 48 A pupil is not eligible to enroll on a full-time 49 basis in an eligible postsecondary institution and 50 receive payment for all courses in which a student is Page 32 1 enrolled.If an eligible postsecondary institution is2a community college established under chapter 260C,3the contact hours of a pupil for which a tuition4reimbursement amount is received are not contact hours5eligible for general aid under chapter 260D.6 Sec. 41. Section 262.9, subsection 4, unnumbered 7 paragraph 1, Code Supplement 1995, is amended to read 8 as follows: 9 Manage and control the property, both real and 10 personal, belonging to the institutions. The board 11 shall purchase or require the purchase of, when the 12 price is reasonably competitive and the quality as 13 intended,and in keeping with the schedule established14in this subsection,soybean-based inksand plastic15products with recycled content, including but not16limited to plastic garbage can liners.For purposes17of this subsection, "recycled content" means that the18content of the product contains a minimum of thirty19percent postconsumer material.All inks purchased 20 that are used internally or are contracted for by the 21 board shall be soybean-based to the extent 22 formulations for such inks are available. 23 Sec. 42. Section 262.9, subsection 4, paragraphs 24 a, b, and c, Code Supplement 1995, are amended by 25 striking the paragraphs. 26 Sec. 43. Section 262.9, subsection 10, Code 27 Supplement 1995, is amended by striking the 28 subsection. 29 Sec. 44. Section 262.9, Code Supplement 1995, is 30 amended by adding the following new subsection: 31 NEW SUBSECTION. 30. By January 1 annually, submit 32 a report to the general assembly and the legislative 33 fiscal bureau on the facilities overhead use allowance 34 and the amount of building and equipment use 35 allowances of the overall indirect cost recovery on 36 federally sponsored research programs. The report 37 shall include the individual institutional policies of 38 distribution of the federal facilities overhead use 39 allowance within each institution of higher learning 40 under the control of the board, and shall be in a 41 format agreed to by the board and the legislative 42 fiscal bureau. 43 Sec. 45. Section 262.34A, Code 1995, is amended to 44 read as follows: 45 262.34A BID REQUESTS. 46 The state board of regents shall request bids and 47 proposals for materials, products, supplies, 48 provisions, and other needed articles to be purchased 49 at public expense, from Iowa state industries as 50 defined in section 904.802, subsection 2, when the Page 33 1 articles are available in the requested quantity and 2 at comparable prices and quality. The exceptions 3 provided under section 904.808, subsection 1, shall 4 not apply to the state board of regents. 5 Sec. 46. Section 272.2, subsection 15, if enacted 6 by 1996 Iowa Acts, House File 455, is amended to read 7 as follows: 8 15. Adopt rules that require specificity in 9 written complaints that are filed by individuals who 10 have personal knowledge of an alleged violation and 11 which are accepted by the board, provide that the 12 jurisdictional requirements as set by the board in 13 administrative rule are met on the face of the 14 complaint before initiating an investigation of 15 allegations, provide that before initiating an 16 investigation of allegations, provide that any 17 investigation be limited to the allegations contained 18 on the face of the complaint, provide for an adequate 19 interval between the receipt of a complaint and public 20 notice of the complaint, permit parties to a complaint 21 to mutually agree to a resolution of the complaint 22 filed with the board, allow the respondent the right 23 to review any investigative reportfor accuracy with24its author prior to the submission of the report to25 upon a finding of probable cause for further action by 26 the board, require that the conduct providing the 27 basis for the complaint occurred within three years of 28the filingdiscovery of thecomplaintevent by the 29 complainant unless good cause can be shown for an 30 extension of this limitation, and require complaints 31 to be resolved within one hundred eighty days unless 32 good cause can be shown for an extension of this 33 limitation. 34 Sec. 47. Section 273.3, subsection 12, Code 1995, 35 is amended to read as follows: 36 12. Prepare an annual budget estimating income and 37 expenditures for programs and services as provided in 38 sections 273.1 to 273.9 and chapter 256B within the 39 limits of funds provided under section 256B.9 and 40 chapter 257. The board shall give notice of a public 41 hearing on the proposed budget by publication in an 42 official county newspaper in each county in the 43 territory of the area education agency in which the 44 principal place of business of a school district that 45 is a part of the area education agency is located. 46 The notice shall specify the date, which shall be not 47 later than March 1 of each year, the time, and the 48 location of the public hearing. The proposed budget 49 as approved by the board shall then be submitted to 50 the state board of education, on forms provided by the Page 34 1 department, no later than March 15 preceding the next 2 fiscal year for approval. The state board shall 3 review the proposed budget of each area education 4 agency and shall before April 1, either grant approval 5 or return the budget without approval with comments of 6 the state board included. An unapproved budget shall 7 be resubmitted to the state board for final approval 8 not later than April 15. For the fiscal year 9 beginning July 1, 1999, and each succeeding fiscal 10 year, the state board shall give final approval only 11 to budgets submitted by area education agencies 12 accredited by the state board or that have been given 13 conditional accreditation by the state board. 14 Sec. 48. Section 273.3, Code 1995, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION. 22. Meet annually with the 17 members of the boards of directors of the school 18 districts located within its boundaries if requested 19 by the school district boards. 20 Sec. 49. NEW SECTION. 273.10 ACCREDITATION OF 21 AREA EDUCATION PROGRAMS. 22 1. The department of education shall develop, in 23 consultation with the area education agencies, and 24 establish an accreditation process for area education 25 agencies by July 1, 1997. At a minimum, the 26 accreditation process shall consist of the following: 27 a. The timely submission by an area education 28 agency of information required by the department on 29 forms provided by the department. 30 b. The use of an accreditation team appointed by 31 the director of the department of education to conduct 32 an evaluation, including an on-site visit of each area 33 education agency. The team shall include, but is not 34 limited to, department staff members, representatives 35 from the school districts served by the area education 36 agency being evaluated, area education agency staff 37 members from area education agencies other than the 38 area education agency that conducts the programs being 39 evaluated for accreditation, and other team members 40 with expertise as deemed appropriate by the director. 41 2. Prior to a visit to an area education agency, 42 the accreditation team shall have access to that area 43 education agency's program audit report filed with the 44 department. After a visit to an area education 45 agency, the accreditation team shall determine whether 46 the accreditation standards for a program have been 47 met and shall make a report to the director and the 48 state board, together with a recommendation as to 49 whether the programs of the area education agency 50 should receive initial accreditation or remain Page 35 1 accredited. The accreditation team shall report 2 strengths and weaknesses, if any, for each 3 accreditation standard and shall advise the area 4 education agency of available resources and technical 5 assistance to further enhance the strengths and 6 improve areas of weakness. An area education agency 7 may respond to the accreditation team's report. 8 3. The state board of education shall determine 9 whether a program of an area education agency shall 10 receive initial accreditation or shall remain 11 accredited. Approval of area education agency 12 programs by the state board shall be based upon the 13 recommendation of the director of the department of 14 education after a study of the factual and evaluative 15 evidence on record about each area education agency 16 program in terms of the accreditation standards 17 adopted by the state board. 18 Approval, if granted, shall be for a term of three 19 years. However, the state board may grant conditional 20 approval for a term of less than three years if 21 conditions warrant. 22 4. If the state board of education determines that 23 an area education agency's program does not meet 24 accreditation standards, the director of the 25 department of education, in cooperation with the board 26 of directors of the area education agency, shall 27 establish a remediation plan prescribing the 28 procedures that must be taken to correct deficiencies 29 in meeting the program standards, and shall establish 30 a deadline date for correction of the deficiencies. 31 The remediation plan is subject to the approval of the 32 state board. 33 5. The area education agency program shall remain 34 accredited during the implementation of the 35 remediation plan. The accreditation team shall visit 36 the area education agency and shall determine whether 37 the deficiencies in the standards for the program have 38 been corrected and shall make a report and 39 recommendation to the director and the state board of 40 education. The state board shall review the report 41 and recommendation and shall determine whether the 42 deficiencies in the program have been corrected. 43 6. If the deficiencies in an area education 44 program have not been corrected, the agency board 45 shall take one of the following actions within sixty 46 days from removal of accreditation: 47 a. Merge the deficient program with a program from 48 another accredited area education agency. 49 b. Contract with another area education agency or 50 other public educational institution for purposes of Page 36 1 program delivery. 2 The rules developed by the state board of education 3 for the accreditation process shall include provisions 4 for removal of accreditation, including provisions for 5 proper notice to the administrator of the area 6 education agency, each member of the board of 7 directors of the area education agency, and the 8 superintendents and administrators of the schools of 9 the districts served by the area education agency. 10 Sec. 50. NEW SECTION. 273.11 STANDARDS FOR 11 ACCREDITING AREA EDUCATION PROGRAMS. 12 1. The state board of education shall develop 13 standards and rules for the accreditation of area 14 education agencies by July 1, 1997. Standards shall 15 be general in nature, but at a minimum shall identify 16 requirements addressing the services provided by each 17 division, as well as identifying indicators of quality 18 that will permit area education agencies, school 19 districts, the department of education, and the 20 general public to judge accurately the effectiveness 21 of area education agency services. 22 2. Standards developed shall include, but are not 23 limited to, the following: 24 a. Support for school-community planning, 25 including a means of assessing needs, establishing 26 shared direction and implementing program plans and 27 reporting progress. 28 b. Professional development programs that respond 29 to current needs. 30 c. Support for curriculum development, 31 instruction, and assessment for reading, language 32 arts, math and science, using research-based 33 methodologies. 34 d. Special education compliance and support. 35 e. Management services, including financial 36 reporting and purchasing as requested and funded by 37 local districts. 38 f. Support for instructional media services that 39 supplement and support local district media centers 40 and services. 41 g. Support for school technology planning and 42 staff development for implementing instructional 43 technologies. 44 h. A program and services evaluation and reporting 45 system. 46 Sec. 51. Section 282.4, subsection 3, Code 47 Supplement 1995, is amended to read as follows: 48 3. Notwithstanding section 282.6, if a student has 49 been expelled or suspended from school and has not met 50 the conditions of the expulsion or suspensionand ifPage 37 1the student, or the parent or guardian of the student,2changes district of residence, the student shall not 3 beenrolledpermitted to enroll inthe newa school 4 districtof residenceuntil the board of directors of 5 thenewschool districtof residenceapproves, by a 6 majority vote, the enrollment of the student. 7 Sec. 52. Section 282.5, Code Supplement 1995, is 8 amended to read as follows: 9 282.5 READMISSION OF STUDENT. 10 When a student is suspended by a teacher, 11 principal, or superintendent, pursuant to section 12 282.4, the student may be readmitted by the teacher, 13 principal, or superintendent when the conditions of 14 the suspension have been met, but when expelled by the 15 board the student may be readmitted only by the board 16 or in the manner prescribed by the board. 17 Sec. 53. Section 294A.25, subsections 7 and 8, 18 Code Supplement 1995, are amended to read as follows: 19 7. Commencing with the fiscal year beginning July 20 1,19931996, the amount of fifty thousand dollars for 21 geography alliance, seventy thousand dollars for22gifted and talented,and one hundred eighty thousand 23 dollars for a management information system from 24 additional funds transferred from phase I to phase 25 III. 26 8. For the fiscal year beginning July 1,199527 1996, and ending June 30, 1997, to the department of 28 education from phase III moneys the amount of one 29 million two hundred fifty thousand dollars for support 30 for the operations of the new Iowa schools development 31 corporation and for school transformation design and 32 implementation projects administered by the 33 corporation. Of the amount provided in this 34 subsection, one hundred fifty thousand dollars shall 35 be used for the school and community planning 36 initiative. 37 Sec. 54. Section 298.9, Code Supplement 1995, is 38 amended to read as follows: 39 298.9 SPECIAL LEVIES. 40 If the voter-approved physical plant and equipment 41 levy, consisting solely of a physical plant and 42 equipment property tax levy, is voted at a special 43 election and certified to the board of supervisors 44 after the regular levy is made, the board shall at its 45 next regular meeting levy the tax and cause it to be 46 entered upon the tax list to be collected as other 47 school taxes. If the certification is filed prior to 48AprilMay 1, the annual levy shall begin with the tax 49 levy of the year of filing. If the certification is 50 filed afterAprilMay 1 in a year, the levy shall Page 38 1 begin with the levy of the fiscal year succeeding the 2 year of the filing of the certification. 3 Sec. 55. FUNDS TRANSFERRED. For the fiscal year 4 beginning July 1, 1996, and ending June 30, 1997, the 5 following amounts for the purposes designated shall be 6 paid to the department of education from additional 7 funds transferred from phase I to phase III: 8 1. For support of the Iowa mathematics and science 9 coalition: 10 $ 50,000 11 2. For purposes of the Iowa law and school safety 12 project: 13 $ 75,000 14 3. For supplemental funds for a management 15 information system: 16 $ 120,000 17 If funds available are insufficient to fully fund 18 the appropriation for a management information system 19 under this section, the amount distributed for the 20 management information system shall be reduced to an 21 amount equal to the available funds. 22 Sec. 56. 1996 Iowa Acts, Senate File 2080, section 23 70, subsection 1, is amended to read as follows: 24 1.Sections 260C.24 andSection 303.18, Code 25 Supplement 1995,areis repealed. 26 Sec. 57. 1996 Iowa Acts, Senate File 2080, section 27 16, is repealed. 28 Sec. 58. REPEAL - DIRECTION TO CODE EDITOR. 29 Section 260C.18A, as enacted in this Act, is repealed 30 effective July 1, 1997. The Code editor shall strike 31 the reference to section 260C.18A in section 260C.34 32 effective July 1, 1997. 33 Sec. 59. REPEAL. 34 1. Sections 225.34, 261.45, 261.52A, and 294.15, 35 Code 1995, are repealed. 36 2. Chapter 260D, Code and Code Supplement 1995, is 37 repealed. 38 Sec. 60. EFFECTIVE DATE. The unnumbered paragraph 39 relating to the creation of a dental hygienist program 40 provided for in section 6, subsection 15, of this Act, 41 being deemed of immediate importance, takes effect 42 upon enactment. 43 Sec. 61. EFFECTIVE AND RETROACTIVE APPLICABILITY 44 DATES. The sections of this Act which amend section 45 260C.4, subsection 4, paragraph "h", and section 46 260C.47, subsection 1, unnumbered paragraph 1, being 47 deemed of immediate importance, take effect upon 48 enactment and apply retroactively to June 30, 1994. 49 Sec. 62. Sections 3, 8, and 16 of this Act and 50 section 59, subsection 2, of this Act, being deemed of Page 39 1 immediate importance, take effect upon enactment."" Amendment H-6057 was adopted. On motion by Grundberg of Polk, the House concurred in the Senate amendment H-5522, as amended. LEAVE OF ABSENCE Leave of absence was granted as follows: Dinkla of Guthrie and Eddie of Buena Vista, both on request of Siegrist of Pottawattamie; Holveck of Polk and Mertz of Kossuth, both on request of Schrader of Marion, all until their return. Grundberg of Polk moved that the bill, as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2477) The ayes were, 92: Arnold Baker Bell Bernau Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Disney Doderer Drake Drees Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Blodgett Boddicker Dinkla Eddie Holveck Mertz Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2477 be immediately messaged to the Senate. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 2486) Sukup of Franklin called up for consideration the report of the conference committee on House File 2486 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2486 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 2486, a bill for An Act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, respectfully make the following report: 1. That the Senate recedes from its amendment, H-6032. 2. That House File 2486, as amended, passed, and reprinted by the House, is amended as follows: 1. Page 13, line 24, by striking the figure "8,306,132" and inserting the following: "8,633,742". 2. Page 24, by inserting after line 22 the following: "Sec. ___. CULTURAL AFFAIRS - FEDERAL ACTIONS. The department of management shall conduct a review of federal actions concerning the level of funding and policies relating to the arts and to cultural affairs and the anticipated effects of the federal actions upon the department of cultural affairs and the department of cultural affairs' programs. Based upon the anticipated effects, the department of management shall examine the functions and programs of the department of cultural affairs and make recommendations to the governor and the general assembly as to options for restructuring the department of cultural affairs' programs. The recommendations shall be submitted to the governor and the general assembly prior to the convening of the Seventy-seventh General Assembly. Sec. . WELFARE REFORM BLOCK GRANT. 1. Notwithstanding contrary provisions of section 8.41, subsection 3, as enacted in 1996 Iowa Acts, House File 2256, the provisions of this section shall apply if all of the following conditions are met: a. The provisions of this section shall apply only to programs, funding, and policies of the family investment program and the job opportunities and basic skills (JOBS) program. b. Federal law creating a welfare reform block grant is enacted which provides for optional early implementation dates which precede the convening of the Seventy-seventh General Assembly. c. The department of human services determines early implementation of the federal block grant provisions is advantageous to Iowa. All of the following requirements shall apply in order for the department to make such a determination: (1) Early implementation will result in additional federal funding for the family investment program or the JOBS program. (2) The early implementation of the block grant provisions will not disadvantage any applicant or recipient of assistance under the family investment program by resulting in reduced benefits, terminated eligibility, or denied eligibility to the extent those conditions would not have resulted under Iowa's welfare reform provisions in effect prior to the early implementation of the federal block grant provisions. The department may satisfy this requirement by using one hundred percent state funds to offset any disadvantage to an applicant or recipient for services eligible for federal financial participation prior to the early implementation of the federal block grant provisions if the increase in state funds used does not exceed any additional federal funding received under the block grant. (3) The department can reasonably make computer system and procedural changes necessary to implement the provisions within any federally mandated time frames as necessary to qualify for early implementation of the federal block grant provisions. (4) The state will not incur any excessive financial risks with early implementation of the federal block grant provisions. 2. If the federal legislation described is enacted, the department shall seek input from the individuals of the work group which considered the state human investment policy or a successor interagency task force which makes recommendations to the department concerning the family investment program. 3. If all of the conditions of subsections 1 and 2 are met, the department may take steps to notify the United States department of health and human services, or some other such entity as designated in the federal legislation, that the state of Iowa is opting for early implementation of the federal welfare reform block grant provisions. If the department takes steps to elect early implementation of the federal block grant provisions, the department shall notify the fiscal committee of the legislative council, the legislative fiscal bureau, the chairpersons and ranking members of the senate and house committees on human resources, and the chairpersons and ranking members of the senate and house appropriations subcommittee on human services of all of the following: a. The findings that the conditions in subsection 1 are met. b. The notice to the federal government of electing early implementation of the block grant provisions. c. Fiscal impacts of electing early implementation of the block grant provisions. 4. If allowed by federal law, the department may discontinue the provisions for control groups as required by the federal government and apply welfare reform policies to all applicants and recipients of assistance in the family investment program equally. The department shall make notifications similar to those required in subsection 3 of any decision to continue or discontinue control groups. 5. The department of human services may adopt administrative rules under section 17A.4, subsection 2, and section 17A.5, subsection 2, paragraph "b", to implement the provisions of this section and the rules shall become effective immediately upon filing, unless the effective date is delayed by the administrative rules review committee, notwithstanding section 17A.4, subsection 5, and section 17A.8, subsection 9, or a later effective date is specified in the rules. Any rules adopted in accordance with this subsection shall not take effect before the rules are reviewed by the administrative rules review committee. Any rules adopted in accordance with the provisions of this subsection shall also be published as notice of intended action as provided in section 17A.4. Sec. . FEDERAL FUNDING STUDY. The legislative council is requested to provide for a review during the 1996 legislative interim of issues associated with federal funding and federal block grants. Issues considered may include but are not limited to all of the following: 1. Methods for the general assembly to provide greater oversight. 2. Methods for appropriations subcommittees to effectively incorporate planning for federal funding and grants into budget deliberations. 3. An analysis of the impact of federal funding and grants and their associated federal requirements upon the effectiveness and efficiency of the state and local government agencies administering the federal funding and grants. 4. Methods for analysis of the cash flows associated with federal funding and grants, including variations between state and federal fiscal years, and the multiple year commitment of federal funding known as "forward funding." 5. Policy analysis tools for use in addressing new and revised federal block grants and federal funding." 3. By renumbering, relettering, or redesignating and correcting internal references as necessary. ON THE PART OF THE HOUSE ON THE PART OF THE SENATE STEVE SUKUP, Chair TOM FLYNN, Chair BOB BRUNKHORST BRAD BANKS JANET METCALF H. KAY HEDGE MARY NEUHAUSER Roll call was requested by Murphy of Dubuque and Schrader of Marion. On the question "Shall the conference committee report be adopted?" (H.F. 2486) The ayes were, 64: Arnold Baker Boggess Bradley Brammer Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Daggett Disney Drake Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 28: Bell Bernau Brand Burnett Cohoon Connors Doderer Drees Fallon Harper Jochum Koenigs Kreiman Larkin Mascher May McCoy Moreland Mundie Murphy Nelson, L. O'Brien Ollie Osterhaus Schrader Taylor Warnstadt Weigel Absent or not voting, 8: Blodgett Boddicker Dinkla Eddie Holveck Mertz Myers Salton The motion prevailed and the report was adopted. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2486) The ayes were, 92: Arnold Baker Bell Bernau Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Disney Doderer Drake Drees Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Blodgett Boddicker Dinkla Eddie Holveck Mertz Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2486 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 30, 1996, adopted the conference committee report and passed Senate File 2442, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates. JOHN F. DWYER, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (Senate File 2442) Houser of Pottawattamie called up for consideration the report of the conference committee on Senate File 2442 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 2442 To the President of the Senate and the Speaker of the House of Representatives: We, the undersigned members of the conference committee appointed to resolve the differences between the Senate and the House of Representatives on Senate File 2442, a bill for An Act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates, respectfully make the following report: 1. That the House recedes from its amendment, S-5550. 2. That Senate File 2442, as amended, passed, and reprinted by the Senate, is amended to read as follows: 1. By striking everything after the enacting clause and inserting the following: "Section 1. FAMILY INVESTMENT PROGRAM. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For assistance under the family investment program under chapter 239: $ 34,787,255 1. The department shall continue the special needs program under the family investment program. 2. The department may adopt administrative rules for the family investment, food stamp, and medical assistance programs to change or delete welfare reform initiatives that threaten the integrity or continuation of the program or that are not cost-effective. Prior to the adoption of rules, the department shall consult with the welfare reform council, members of the public involved in development of the policy established in the 1993 session of the Seventy-fifth General Assembly, and the chairpersons and ranking members of the human resources committees of the senate and the house of representatives. Sec. 2. EMERGENCY ASSISTANCE. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For emergency assistance to families with dependent children for homeless prevention programs: $ 1,967,500 1. The emergency assistance provided for in this section shall be available beginning October 1 of the fiscal year and shall be provided only if all other publicly funded resources have been exhausted. Specifically, emergency assistance is the program of last resort and shall not supplant assistance provided by the low-income home energy assistance program (LIHEAP), county general relief, and veterans affairs programs. The department shall establish a $500 maximum payment, per family, in a twelve-month period. The emergency assistance includes, but is not limited to, assisting people who face eviction, potential eviction, or foreclosure, utility shutoff or fuel shortage, loss of heating energy supply or equipment, homelessness, utility or rental deposits, or other specified crisis which threatens family or living arrangements. The emergency assistance shall be available to migrant families who would otherwise meet eligibility criteria. The department may contract for the administration and delivery of the program. The program shall be terminated when funds are exhausted. 2. For the fiscal year beginning July 1, 1996, the department shall continue the process for the state to receive refunds of rent deposits for emergency assistance recipients which were paid by persons other than the state. The refunds received by the department under this subsection shall be deposited with the moneys of the appropriation made in this section and used as additional funds for the emergency assistance program. Notwithstanding section 8.33, moneys received by the department under this subsection which remain after the emergency assistance program is terminated and state moneys in the emergency assistance account which remain unobligated or unexpended at the close of the fiscal year shall not revert to the general fund of the state but shall remain available for expenditure when the program resumes operation on October 1 in the succeeding fiscal year. 3. Of the funds appropriated in this section, $10,000 is allocated to the community voice mail program to continue the existing program. The funds shall be made available beginning July 1, 1996. Sec. 3. MEDICAL ASSISTANCE. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For medical assistance, including reimbursement for abortion services, which shall be available under the medical assistance program only for those abortions which are medically necessary: $ 366,687,988 1. Medically necessary abortions are those performed under any of the following conditions: a. The attending physician certifies that continuing the pregnancy would endanger the life of the pregnant woman. b. The attending physician certifies that the fetus is physically deformed, mentally deficient, or afflicted with a congenital illness. c. The pregnancy is the result of a rape which is reported within 45 days of the incident to a law enforcement agency or public or private health agency which may include a family physician. d. The pregnancy is the result of incest which is reported within 150 days of the incident to a law enforcement agency or public or private health agency which may include a family physician. e. Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled. 2. Notwithstanding section 8.39, the department may transfer funds appropriated in this section to a separate account established in the department's case management unit for expenditures required to provide case management services for mental health, mental retardation, and developmental disabilities services under medical assistance which are jointly funded by the state and county, pending final settlement of the expenditures. Funds received by the case management unit in settlement of the expenditures shall be used to replace the transferred funds and are available for the purposes for which the funds were appropriated in this section. 3. If a medical assistance recipient is more than 17 years of age and is receiving care which is reimbursed under a federally approved home and community-based services waiver but would otherwise be approved for care in an intermediate care facility for the mentally retarded, the recipient's county of legal settlement shall reimburse the department on a monthly basis for the portion of the recipient's cost of care which is not paid from federal funds. 4. a. The county of legal settlement shall be billed for 50 percent of the nonfederal share of the cost of case management provided for adults, day treatment, and partial hospitalization in accordance with sections 249A.26 and 249A.27, and 100 percent of the nonfederal share of the cost of care for adults which is reimbursed under a federally approved home and community-based waiver that would otherwise be approved for provision in an intermediate care facility for the mentally retarded, provided under the medical assistance program. The state shall have responsibility for the remaining 50 percent of the nonfederal share of the cost of case management provided for adults, day treatment, and partial hospitalization. For persons without a county of legal settlement, the state shall have responsibility for 100 percent of the nonfederal share of the costs of case management provided for adults, day treatment, partial hospitalization, and the home and community-based waiver services. The case management services specified in this subsection shall be billed to a county only if the services are provided outside of a managed care contract. b. The state shall pay the entire nonfederal share of the costs for case management services provided to persons 17 years of age and younger who are served in a medical assistance home and community-based waiver program for persons with mental retardation. c. Medical assistance funding for case management services for eligible persons 17 years of age and younger shall also be provided to persons residing in counties with child welfare decategorization projects implemented in accordance with section 232.188, provided these projects have included these persons in their service plan and the decategorization project county is willing to provide the nonfederal share of costs. d. When paying the necessary and legal expenses of intermediate care facilities for the mentally retarded (ICFMR), the cost payment requirements of section 222.60 shall be considered fulfilled when payment is made in accordance with the medical assistance payment rates established for ICFMRs by the department and the state or a county of legal settlement is not obligated for any amount in excess of the rates. 5. The department may adopt and implement administrative rules regarding a prepaid mental health services plan for medical assistance patients. The rules shall include but not be limited to service provider standards, service reimbursement, and funding mechanisms. Notwithstanding the provisions of subsection 4, paragraph "a", of this section and section 249A.26, requiring counties to pay all or part of the nonfederal share of certain services provided to persons with disabilities under the medical assistance program, the state shall pay 100 percent of the nonfederal share of any services included in the plan implemented pursuant to this subsection. 6. The department shall utilize not more than $60,000 of the funds appropriated in this section to continue the AIDS/HIV health insurance premium payment program as established in 1992 Iowa Acts, Second Extraordinary Session, Chapter 1001, section 409, subsection 6. Of the funds allocated in this subsection, not more than $5,000 may be expended for administrative purposes. 7. Of the funds appropriated to the Iowa department of health for substance abuse grants, $950,000 for the fiscal year beginning July 1, 1996, shall be transferred to the department of human services for an integrated substance abuse managed care system. 8. The department shall implement a new medical assistance home and community-based waiver for persons with physical disabilities as a means to further develop the personal assistance services program under section 225C.46. The waiver shall not be implemented in a manner which would require additional county or state funding for assistance provided to an individual served under the waiver. 9. The department may expand the drug prior authorization program to include the therapeutic class of gastrointestinal drugs known as proton pump inhibitors. The department shall not expand the requirement of drug prior authorization without prior approval of the general assembly except to require prior authorization of an equivalent of a prescription drug which is subject to prior authorization as of June 30, 1996. The department shall adopt administrative rules to implement this provision. 10. The department of human services shall expand the program to administratively pursue reimbursements for pharmacy services to include all pharmacy claims for which a recipient of medical assistance also has third-party coverage. 11. The department of human services, in consultation with the Iowa department of public health and the department of education, shall develop and implement a proposal to utilize the early and periodic screening, diagnosis, and treatment (EPSDT) funding under medical assistance, to the extent possible, to implement the screening component of the EPSDT program through the school system. The department may enter into contracts to utilize maternal and child health centers, the public health nursing program, or school nurses in implementing this provision. 12. The department shall implement the case study for outcome-based performance standards for programs serving persons with mental retardation or other developmental disabilities proposed pursuant to 1994 Iowa Acts, chapter 1170, section 56. The department shall adopt rules applicable to the programs included in the case study, request a waiver of applicable federal requirements, and take other actions deemed necessary by the department to implement the case study. 13. The department of human services shall submit a report to the general assembly on or before January 1, 1997, regarding reimbursement for teleconsultive services provided by health care providers to recipients of medical assistance. The report shall include but is not limited to recommendations regarding the feasibility of implementation of a pilot program, including the adoption and utilization of an alternative reimbursement methodology, to determine the effect of teleconsultive services on health care quality, access, and cost. 14. A member of the joint appropriations subcommittee on human services participating during the 1996 legislative interim in a planning process for long-term care provided in nursing facilities and through alternative types of care involving a national foundation held by the department in the state, is entitled to per diem and expenses payable as a joint expense under section 2.12. Sec. 4. MEDICAL CONTRACTS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For medical contracts: $ 6,811,400 1. The department shall continue to contract for drug utilization review under the medical assistance program. 2. The department shall negotiate with the department's contractor for mental health managed care under the medical assistance program to establish performance standards for successful outcomes for persons receiving services under the contract. The performance standards shall be incorporated into the contract or shall be made an addendum to the contract which is in effect as of the effective date of this subsection. The contractor's attainment of these performance standards shall be a factor in the department's decision to extend the contract in effect for managed mental health care or to initiate a new procurement process. Any future contract shall contain sanctions for failure to attain the performance standards. The provisions of section 228.5 as amended in this Act are applicable to the requirements of this subsection. 3. Any future contract entered into by the department for mental health managed care or for other services under the medical assistance program shall include a provision which requires the contractor to make public information the amount of profit realized by the contractor and the amount of funds expended by the contractor for administrative purposes under the contract. Sec. 5. STATE SUPPLEMENTARY ASSISTANCE. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For state supplementary assistance, funeral assistance, and the mental retardation waiver rent subsidy program: $ 19,190,000 1. The department shall increase the personal needs allowance for residents of residential care facilities by the same percentage and at the same time as federal supplemental security income and federal social security benefits are increased due to a recognized increase in the cost of living. The department may adopt emergency rules to implement this subsection. 2. a. If during the fiscal year beginning July 1, 1996, the department projects that state supplementary assistance expenditures for a calendar year will not meet the federal pass-along requirement specified in Title XVI of the federal Social Security Act, section 1618, as codified in 42 U.S.C. } 1382g, the department may take actions including but not limited to increasing the personal needs allowance for residential care facility residents and making programmatic adjustments or upward adjustments of the residential care facility or in-home healtH-related care reimbursement rates prescribed in this Act to ensure that federal requirements are met. The department may adopt emergency rules to implement the provisions of this subsection. b. If during the fiscal year beginning July 1, 1996, the department projects that state supplementary assistance expenditures will exceed the amount appropriated, the department may transfer funds appropriated in this Act for medical assistance for the purposes of the state supplementary assistance program. However, funds shall only be transferred from the medical assistance appropriation if the funds transferred are projected to be in excess of the funds necessary for the medical assistance program. 3. The department may use up to $75,000 of the funds appropriated in this section for a rent subsidy program for adult persons to whom all of the following apply: a. Are receiving assistance under the medical assistance home and community-based services for persons with mental retardation (HCBS/MR) program. b. Were discharged from an intermediate care facility for the mentally retarded (ICFMR) immediately prior to receiving HCBS/MR services. The goal of the subsidy program shall be to encourage and assist in enabling persons who currently reside in an ICFMR to move to a community living arrangement. An eligible person may receive assistance in meeting their rental expense and, in the initial two months of eligibility, in purchasing necessary household furnishings and supplies. The program shall be implemented so that it does not meet the federal definition of state supplementary assistance and will not impact the federal pasS-along requirement specified in Title XVI of the federal Social Security Act, section 1618, as codified in 42 U.S.C. } 1382g. Sec. 6. CHILD DAY CARE ASSISTANCE. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For protective child day care assistance and state child care assistance: $ 12,547,100 1. Of the funds appropriated in this section, $2,496,286 shall be used for protective child day care assistance. 2. Of the funds appropriated in this section, $8,180,889 shall be used for state child care assistance. 3. For the purposes of this subsection, the term "poverty level" means the poverty level defined by the poverty income guidelines published by the United States department of health and human services. Based upon the availability of the funding provided in subsection 2 the department shall establish waiting lists for state child care assistance in descending order of prioritization as follows: a. Families with an income at or below 100 percent of the federal poverty level whose members are employed at least 30 hours per week, and parents with a family income at or below 100 percent of the federal poverty level who are under the age of 21 and are participating in an educational program leading to a high school diploma or equivalent. b. Parents with a family income at or below 100 percent of the federal poverty level who are under the age of 21 and are participating, at a satisfactory level, in an approved training program or in an educational program. c. Families with an income of more than 100 percent but not more than 110 percent of the federal poverty level whose members are employed at least 30 hours per week. Assistance provided to families pursuant to this paragraph shall be provided in accordance with a sliding fee scale developed by the department. If, pursuant to an evaluation of expenditures for state child care assistance it is determined that sufficient funding is available, the department shall implement the provisions of this paragraph on or before January 2, 1997. d. Families with an income at or below 155 percent of the federal poverty level with a special needs child as a member of the family. e. Families with an income at or below 100 percent of the federal poverty level whose members are employed part-time at least 20 hours per week. The department may adopt emergency rules to implement the provisions of this subsection. 4. a. Migrant seasonal farm worker families whose family income is equal to or less than 100 percent of the United States office of management and budget poverty guidelines are eligible for state child care assistance. The monthly family income shall be determined by calculating the total amount of family income earned during the 12-month period preceding the date of application for the assistance and dividing the total amount by 12. b. Nothing in this section shall be construed or is intended as, or shall imply, a grant of entitlement for services to persons who are eligible for assistance due to an income level consistent with the requirements of this section. Any state obligation to provide services pursuant to this section is limited to the extent of the funds appropriated in this section. 5. If the department projects that funding for state child care assistance is reasonably adequate to fund the provisions of subsection 3, paragraphs "a", "b", and "c", the department may transfer not more than $200,000 of the funding appropriated in this section to the appropriation in this Act for child and family services to provide additional funding for familycentered services. 6. Of the funds appropriated in this section, $636,641 is allocated for the statewide program for child day care resource and referral services under section 237A.26. 7. The department may use any of the funds appropriated in this section as a match to obtain federal funds for use in expanding child day care assistance and related programs. 8. Of the funds appropriated in this section, $1,178,284 is allocated for transitional child care assistance. 9. During the 1996-1997 fiscal year, the department shall utilize the moneys deposited in the child day care credit fund created in section 237A.28 for state child care assistance, in addition to the moneys allocated for that purpose in this section. 10. Of the funds appropriated in this section, the department shall expend not more than $20,000 to develop a system in cooperation with child day care resource and referral services under section 237A.26, in which volunteer evaluation teams are utilized to review and inspect registered family day care homes on behalf of the department. The department shall also review requirements for payment of publicly funded child day care, including but not limited to the effects on providers and the state budget of paying for child day care on a daily basis, block-of-hours basis, or hourly basis. The department shall review the policy implications of encouraging family day care home registration by providing an enhanced reimbursement for family day care homes that are registered. In addition, the department shall develop a proposal for a disproportionate share reimbursement adjustment for the child day care providers for which 75 percent or more of the children provided care receive public funding for the cost of their care. The department shall submit a report to the general assembly on or before January 15, 1997, which includes recommendations concerning the issues required by this subsection. 11. Of the funds appropriated in this section, $35,000 is allocated for use by the united Mexican-American center in Des Moines for the center's child day care program. 12. A family who was eligible for and received state child care assistance during the fiscal year beginning July 1, 1995, shall continue to receive the assistance in the succeeding fiscal year for as long as the family continues to meet the eligibility requirements in effect for the fiscal year beginning July 1, 1995. 13. Notwithstanding section 8.33, moneys appropriated to the department of human services for state child care assistance in 1996 Iowa Acts, House File 2114, section 2, which remain unexpended or unobligated at the close of the fiscal year shall not revert to the general fund of the state but shall remain available for expenditure in the succeeding fiscal year. Sec. 7. JOBS PROGRAM. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the federal-state job opportunities and basic skills (JOBS) program, food stamp employment and training program, family development and self-sufficiency grants, entrepreneurial training, and implementing family investment agreements, in accordance with this section: $ 12,601,592 1. Of the funds appropriated in this section, $11,692,292 is allocated for the JOBS program. For family investment agreements developed in the fiscal year beginning July 1, 1996, the maximum time period for postsecondary education is limited to two years. 2. The department shall continue to contract for services in developing, delivering, and monitoring an entrepreneural training waiver program to provide technical assistance in self-employment training to families which receive assistance under the family investment program, contingent upon federal approval of waiver renewal requests. 3. Of the funds appropriated in this section, $129,985 is allocated for the food stamp employment and training program. 4. Of the funds appropriated in this section, $779,315 is allocated to the family development and self-sufficiency grant program as provided under section 217.12. a. Not more than 5 percent of the funds allocated in this subsection shall be used for the administration of the grant program. b. Federal funding matched by state, county, or other funding which is not appropriated in this section shall be deposited in the department's JOBS account. If the match funding is generated by a family development and selfsufficiency grantee, the federal funding received shall be used to expand the family development and self-sufficiency grant program. If the match funding is generated by another source, the federal funding received shall be used to expand the grant program or the JOBS program. The department may adopt rules to implement the provisions of this paragraph. c. Based upon the annual evaluation report concerning each grantee funded by this allocation, the family development and self-sufficiency council may use funds allocated to renew grants. Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For child support recovery, including salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 6,517,000 FTEs 226.22 1. The director of human services, within the limitations of the funds appropriated in this section, or funds transferred from the family investment program appropriation for this purpose, shall establish new positions and add employees to the child support recovery unit if the director determines that both the current and additional employees together can reasonably be expected to maintain or increase net state revenue at or beyond the budgeted level. If the director adds employees, the department shall demonstrate the costeffectiveness of the current and additional employees by reporting to the joint appropriations subcommittee on human services the ratio of the total amount of administrative costs for child support recoveries to the total amount of the child support recovered. 2. Nonpublic assistance application fees and federal tax refund offsets received by the child support recovery unit are appropriated and shall be used for the purposes of the child support recovery program. The director of human services may add positions within the limitations of the amount appropriated for salaries and support for the positions. The director shall report any positions added pursuant to this subsection to the chairpersons and ranking members of the joint appropriations subcommittee on human services and the legislative fiscal bureau. 3. The director of human services, in consultation with the department of management and the legislative fiscal committee, is authorized to receive and deposit state child support incentive earnings in the manner specified under applicable federal requirements. 4. The director of human services may establish new positions and add state employees to the child support recovery unit if the director determines the employ ees are necessary to replace county-funded positions eliminated due to termination, reduction, or nonrenewal of a chapter 28E contract. However, the director must also determine that the resulting increase in the state share of child support recovery incentives exceeds the cost of the positions, the positions are necessary to ensure continued federal funding of the program, or the new positions can reasonably be expected to recover at least twice the amount of money necessary to pay the salaries and support for the new positions. 5. The child support recovery unit shall continue to work with the judicial department to determine the feasibility of a pilot project utilizing a court-appointed referee for judicial determinations on child support matters. The extent and location of any pilot project shall be jointly developed by the judicial department and the child support recovery unit. 6. The department shall expend up to $50,000, including federal financial participation, for the fiscal year beginning July 1, 1996, for a child support public awareness campaign. The department shall cooperate with the office of the attorney general in continuation of the campaign. The public awareness campaign shall emphasize, through a variety of media activities and through continuation of the publication of names of persons who are delinquent in payment of child support obligations, the importance of maximum involvement of both parents in the lives of their children as well as the importance of payment of child support obligations. 7. The department shall continue the pilot program option to provide and supervise a community service pilot project for absent parents who are ordered by the court to perform community service for failure to pay child support pursuant to section 598.23A. 8. The director of human services may enter a contract with private collection agencies to collect support payments for cases which have been identified by the department as difficult collection cases if the department determines that this form of collection is more cost effective than departmental collection methods. The director may use a portion of the state share of funds collected through this means to pay the costs of any contracts authorized under this subsection. 9. The department shall employ on or before July 2, 1996, at least 1.00 FTE to respond to telephone inquiries during all weekly business hours. 10. The department shall develop guidelines to be used in lieu of the child support guidelines prescribed under section 598.21, subsection 4, for establishing a support obligation and the amount of the support debt accrued and accruing pursuant to section 234.39 for the costs of foster care services. The proposed guidelines shall reflect the public purpose of establishing a support obligation without causing a serious disruption of the family of the obligor. The department shall submit the proposed guidelines to the general assembly on or before January 15, 1997. Sec. 9. JUVENILE INSTITUTIONS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the operation of the state training school and the Iowa juvenile home, including salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: For the state juvenile institutions: $ 13,769,809 FTEs 320.77 1. The following amounts of the funds appropriated and full-time equivalent positions authorized in this section are allocated for the Iowa juvenile home at Toledo: $ 5,130,863 FTEs 118.54 2. The following amounts of the funds appropriated and full-time equivalent positions authorized in this section are allocated for the state training school at Eldora: $ 8,638,946 FTEs 202.23 3. During the fiscal year beginning July 1, 1996, the population levels at the state juvenile institutions shall not exceed the population guidelines established under 1990 Iowa Acts, chapter 1239, section 21. 4. Of the funds appropriated in this section, $10,000 shall be used by the state training school and $8,000 by the Iowa juvenile home for grants for adolescent pregnancy prevention activities at the institutions in the fiscal year beginning July 1, 1996. 5. Within the funds appropriated in this section, the department may reallocate funds as necessary to best fulfill the needs of the institutions provided for in the appropriation. Sec. 10. CHILD AND FAMILY SERVICES. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For child and family services: $ 85,460,607 1. The department may transfer moneys appropriated in this section as necessary to pay the nonfederal costs of services reimbursed under medical assistance or the family investment program which are provided to children who would otherwise receive services paid under the appropriation in this section. The department may transfer funds appropriated in this section to the appropriations in this Act for general administration and for field operations for resources necessary to implement and operate the services funded in this section. 2. a. Of the funds appropriated in this section, up to $24,601,280 is allocated as the statewide expenditure target under section 232.143 for group foster care maintenance and services. b. The department shall report quarterly to the legislative fiscal bureau concerning the status of each region's efforts to contain expenditures for group foster care placements in accordance with the regional plan established pursuant to section 232.143. c. The department shall not certify any additional enhanced residential treatment beds, unless the director of human services approves the beds as necessary, based on the type of children to be served and the location of the enhanced residential treatment beds. d. (1) Of the funds appropriated in this section, not more than $6,538,215 is allocated as the state match funding for psychiatric medical institutions for children. (2) The department may transfer all or a portion of the funds appropriated in this section for psychiatric medical institutions for children (PMICs) to the appropriation in this Act for medical assistance and may amend the managed mental health care contract to include PMICs. e. Of the funds allocated in this subsection, not more than $1,077,995 is allocated as the state match funding for 50 highly structured juvenile program beds. 3. The department shall establish a goal that not more than 15 percent of the children placed in foster care funded under the federal Social Security Act, Title IV-E, may be placed in foster care for a period of more than 24 months. 4. In accordance with the provisions of section 232.188, the department shall continue the program to decategorize child welfare services in additional counties or clusters of counties. 5. Of the funds appropriated in this section, up to $96,512 is allocated for continued foster care services to a child who is 18 years of age or older in accordance with the provisions of section 234.35, subsection 3, paragraph "c". However, if funding in this appropriation would remain unobligated at the end of the fiscal year, the allocation in this subsection may be exceeded to the extent necessary to provide the continued foster care services. The department shall distribute the moneys allocated in this subsection to the department's regions based on each region's proportion of the total number of children placed in foster care on March 31 preceding the beginning of the fiscal year, who, during the fiscal year would no longer be eligible for foster care due to age. 6. Notwithstanding section 232.142, subsection 3, the financial aid paid by the state for the establishment, improvements, operation, and maintenance of county or multicounty juvenile detention homes in the fiscal year beginning July 1, 1996, shall be limited to $872,500. Funds allocated in this subsection shall be prorated among eligible detention homes. 7. The amount of the appropriation made in this section available for foster care is based upon expansion of the number of children in foster care who are eligible for federal supplemental security income (SSI). The department may use up to $300,000 of those funds to enter into a performance-based contract to secure SSI benefits for children placed in foster care. The contract shall include provisions for training of department of human services and juvenile court staff, completion of applications, tracking of application results, and representation during the appeals process whenever an appeal is necessary to secure SSI benefits. Notwithstanding section 217.30 and section 232.2, subsection 11, and any other provision of law to the contrary, the director or the director's designee on behalf of a child in foster care may release medical, mental health, substance abuse, or any other information necessary only to determine the child's eligibility for SSI benefits, and may sign releases for the information. In any release of information made pursuant to this subsection, confidentiality shall be maintained to the maximum extent possible. 8. A portion of the funds appropriated in this section may be used for emergency family assistance to provide other resources required for a family participating in a family preservation or reunification project to stay together or to be reunified. 9. Notwithstanding section 234.35, subsection 1, for the fiscal year beginning July 1, 1996, state funding for shelter care paid pursuant to section 234.35, subsection 1, paragraph "h", shall be limited to $3,223,732. The department shall develop a formula in consultation with the shelter care committee created by the department to allocate shelter care funds to the department's regions. The formula shall be based on the region's proportion of the state population of children and historical usage. The department may adopt emergency rules to implement the provisions of this subsection. 10. Of the funds appropriated in this section, not more than $527,137 may be used to develop and maintain the state's implementation of the national adoption and foster care information system pursuant to the requirements of Pub. L. No. 99-509. The department may transfer funds as necessary from the appropriations in this Act for field operations and general administration to implement this subsection. Moneys allocated in accordance with this subsection shall be considered encumbered for the purposes of section 8.33. 11. Of the funds appropriated in this section, up to $619,433 may be used as determined by the department for any of the following purposes: a. For general administration of the department to improve staff training efforts. b. For oversight of termination of parental rights and permanency planning efforts on a statewide basis. c. For personnel, assigned by the attorney general, to provide additional services relating to termination of parental rights and child in need of assistance cases. d. For specialized permanency planning field operations staff. 12. The department may adopt administrative rules following consultation with child welfare services providers to implement outcome-based child welfare services pilot projects. The rules may include, but are not limited to, the development of program descriptions, provider licensing and certification standards, reimbursement and payment amounts, contract requirements, assessment and service necessity requirements, eligibility criteria, claims submission procedures, and accountability standards. 13. Of the funds appropriated in this section, up to $125,340 may be used to develop, in cooperation with providers of children and family services, a performance-based monitoring program to evaluate and improve outcomes for children and families. The department may adopt administrative rules to implement this subsection. 14. The department may develop, within the funds available, a pilot kinship care project to enhance family involvement in the development of the permanency plan required under chapter 232 for children who are removed from their homes. The project components may include family involvement before and after removal of the child and shall stress safety for the child. 15. Within the funds appropriated in this section, the department may develop a subsidized guardianship program to provide financial assistance to guardians of children who have a permanency order under section 232.104, subsection 2, paragraph "d", subparagraph (1), in cases in which all of the following conditions exist: a. The option of reunification has been eliminated and termination of parental rights is not appropriate. b. The child has lived with the potential guardian for at least six months. c. The child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group and cannot be made available for adoption. d. The placement does not require departmental supervision. The financial assistance provided shall be in the same amount as provided for family foster care. For purposes of medical assistance and child support recovery, these payments shall be considered foster care payments. 16. The department shall continue to make adoption presubsidy and adoption subsidy payments to adoptive parents at the beginning of the month for the current month. 17. If Title XIX of the federal Social Security Act is repealed prior to January 17, 1997, and the state is otherwise authorized to establish requirements for providing health and rehabilitative services to persons who would be eligible for medical assistance under chapter 249A, the department shall eliminate the clinical assessment and consultation teams operating as part of the medical assistance children's rehabilitative services initiative. The provisions of this subsection shall apply through January 16, 1997. 18. Federal funds received by the state during the fiscal years beginning July 1, 1995, and July 1, 1996, as the result of the expenditure of state funds appropriated during a previous state fiscal year for a service or activity funded under this section shall be used as additional funding for services provided under this section. Moneys received by the department in accordance with the provisions of this section shall remain available for the purposes designated until June 30, 1998. 19. The department may adopt emergency rules to revise administrative rules relating to rehabilitative treatment services under the child welfare program as necessary to comply with federal requirements to maintain nonstate funding. 20. The department in cooperation with the department of education shall collect data to determine the number of children for whom sheltered workshops and supported employment will be required during the period beginning July 1, 1997, through June 30, 2002. The department shall report the findings of the study to the general assembly by January 2, 1997. 21. Of the funds appropriated in this section, up to $150,000 shall be transferred to the Iowa healthy kids trust fund for use by the division of insurance of the department of commerce for planning, administration, and implementation of the Iowa healthy kids program as established in chapter 514I as enacted in this Act. Sec. 11. COMMUNITY-BASED PROGRAMS - ADOLESCENT PREGNANCY PREVENTION. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For community-based programs, on the condition that family planning services are funded, including salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 2,635,146 FTEs 1.00 1. Of the funds appropriated in this section, $736,146 shall be used for adolescent pregnancy prevention grants, including not more than $156,048 for programs to prevent pregnancies during the adolescent years and to provide support services for pregnant or parenting adolescents. It is the intent of the general assembly that by July 1, 1998, grants awarded under this subsection be required to meet the criteria under subsection 2 including the provision of community-wide services within the proximity of the community or region. 2. Of the funds appropriated in this section, $298,000 shall be used for grants to community or regional groups which demonstrate broad-based representation from community representatives including but not limited to schools, churches, human service-related organizations, and businesses. Priority in the awarding of grants shall be given to groups which provide services to both urban and rural areas within the proximity of the community or region and which provide ageappropriate programs adapted for both male and female youth at the elementary, middle, and high school levels. A program shall focus on the prevention of initial pregnancies during the adolescent years by emphasizing sexual abstinence as the only completely safe and effective means of avoiding pregnancy and sexually transmitted diseases and by providing information regarding the comparative failure rates of contraceptives, and by emphasizing responsible decision making in relationships, managing of peer and social pressures, development of selfesteem, the costs and responsibilities of parenting, and information regarding the alternative of adoption for placement of a child. The program shall also include an evaluation and assessment component which includes evaluation of and recommendations for improvement of the program by the youth and parents involved. Evaluation and assessment reports shall be provided to the department of human services, at a time determined by the department in the grant award. Community or regional groups interested in applying for a grant under this subsection may be issued a planning grant or may utilize grant moneys for the costs of technical assistance to analyze community needs, match service providers to needs, negotiate service provision strategies, or other assistance to focus grant services provided under this subsection. The technical assistance may be provided by organizations affiliated with institutions under the authority of the state board of regents or other organizations experienced in providing technical assistance concerning similar services. 3. The department of human services, in cooperation with the Iowa department of public health, shall determine the criteria to be used in measuring the results of all pregnancy prevention programs for which funds are allocated in this section. The criteria to be used shall be made available to the interim committee established in subsection 4. 4. The legislative council is requested to established a legislative interim committee during the 1996 interim of the general assembly to evaluate the effectiveness of current and proposed adolescent pregnancy prevention programs. 5. Of the funds appropriated in this section, $846,014 shall be used by the department for child abuse prevention grants. Of the funds allocated in this sub section, $115,000 shall be transferred to the Iowa department of public health for the Iowa healthy family program under section 135.106, to be expended in accordance with the provisions relating to this program in 1996 Iowa Acts, Senate File 2448. Sec. 12. COURT-ORDERED SERVICES PROVIDED TO JUVENILES. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: Payment of the expenses of court-ordered services provided to juveniles which are a charge upon the state pursuant to section 232.141, subsection 4: $ 3,090,000 1. Notwithstanding section 232.141 or any other provision of law, the funds appropriated in this section shall be allocated to the judicial districts as determined by the state court administrator. The state court administrator shall make the determination on the allocations on or before June 15. 2. a. Each judicial district shall continue the planning group for the court-ordered services for juveniles provided in that district which was established pursuant to 1991 Iowa Acts, chapter 267, section 119. A planning group shall continue to perform its duties as specified in that law. Reimbursement rates for providers of court-ordered evaluation and treatment services paid under section 232.141, subsection 4, shall be negotiated with providers by each judicial district's planning group. b. Each district planning group shall submit an annual report in January to the state court administrator and the department of human services. The report shall cover the preceding fiscal year and shall include a preliminary report on the current fiscal year. The administrator and the department shall compile these reports and submit the reports to the chairpersons and ranking members of the joint appropriations subcommittee on human services and the legislative fiscal bureau. 3. The department of human services shall develop policies and procedures to ensure that the funds appropriated in this section are spent only after all other reasonable actions have been taken to utilize other funding sources and community-based services. The policies and procedures shall be designed to achieve the following objectives relating to services provided under chapter 232: a. Maximize the utilization of funds which may be available from the medical assistance program including usage of the early and periodic screening, diagnosis, and treatment (EPSDT) program. b. Recover payments from any third-party insurance carrier which is liable for coverage of the services, including health insurance coverage. c. Pursue development of agreements with regularly utilized out-of-state service providers which are intended to reduce per diem costs paid to those providers. 4. The department of human services, in consultation with the state court administrator and the judicial district planning groups, shall compile a monthly report describing spending in the districts for court-ordered services for juveniles, including the utilization of the medical assistance program. The reports shall be submitted on or before the twentieth day of each month to the chairpersons and ranking members of the joint appropriations subcommittee on human services and the legislative fiscal bureau. 5. Notwithstanding chapter 232 or any other provision of law, a district or juvenile court in a department of human services district shall not order any service which is a charge upon the state pursuant to section 232.141 if there are insufficient court-ordered services funds available in the district allocation to pay for the service. The chief juvenile court officer shall work with the judicial district planning group to encourage use of the funds appropriated in this section such that there are sufficient funds to pay for all court-related services during the entire year. The eight chief juvenile court officers shall attempt to anticipate potential surpluses and shortfalls in the allocations and shall cooperatively request the state court administrator to transfer funds between the districts' allocations as prudent. 6. Notwithstanding any provision of law to the contrary, a district or juvenile court shall not order a county to pay for any service provided to a juvenile pursuant to an order entered under chapter 232 which is a charge upon the state under section 232.141, subsection 4. 7. Of the funds appropriated in this section, not more than $100,000 may be used by the judicial department for administration of the requirements under this section and for travel associated with court-ordered placements which are a charge upon the state pursuant to section 232.141, subsection 4. 8. Of the funds appropriated in this section, not more than $400,000 may be transferred to the appropriation in this Act for child and family services and used to provide school-based supervision of children adjudicated under chapter 232. Sec. 13. MENTAL HEALTH INSTITUTES. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the state mental health institutes for salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 41,537,333 FTEs 927.16 1. The funds appropriated and full-time equivalent positions authorized in this section are allocated as follows: a. State mental health institute at Cherokee: $ 13,581,308 FTEs 306.04 b. State mental health institute at Clarinda: $ 6,172,607 FTEs 136.82 c. State mental health institute at Independence: $ 16,946,094 FTEs 401.82 d. State mental health institute at Mount Pleasant: $ 4,837,324 FTEs 82.48 2. Within the funds appropriated in this section, the department may reallocate funds as necessary to best fulfill the needs of the institutions provided for in the appropriation. 3. As part of the discharge planning process at the state mental health institutes, the department shall provide assistance in obtaining eligibility for federal supplemental security income (SSI) to those individuals whose care at a state mental health institute is the financial responsibility of the state. Sec. 14. HOSPITAL-SCHOOLS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the state hospital-schools, for salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 62,029,824 FTEs 1,516.00 1. The funds appropriated and full-time equivalent positions authorized in this section are allocated as follows: a. State hospital-school at Glenwood: $ 35,070,700 FTEs 872.50 b. State hospital-school at Woodward: $ 26,959,124 FTEs 643.50 2. Within the funds appropriated in this section, the department may reallocate funds as necessary to best fulfill the needs of the institutions provided for in the appropriation. Sec. 15. MENTAL ILLNESS SPECIAL SERVICES. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For mental illness special services: $ 121,220 1. The department and the Iowa finance authority shall develop methods to implement the financing for existing community-based facilities and to implement financing for the development of affordable community-based housing facilities. The department shall assure that clients are referred to the housing as it is developed. 2. The funds appropriated in this section are to provide funds for construction and start-up costs to develop community living arrangements to provide for persons with mental illness who are homeless. These funds may be used to match federal Stewart B. McKinney Homeless Assistance Act grant funds. Sec. 16. FAMILY SUPPORT SUBSIDY PROGRAM. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used by the division of children and family services for the purpose designated: For the family support subsidy program: $ 1,344,000 The division of children and family services shall utilize not more than $200,000 of the funds appropriated in this section to implement a pilot project of the children-at-home component under the comprehensive family support program in at least one rural and one urban county. Not more than $50,000 of the funds allocated in this paragraph shall be used for administrative costs. Sec. 17. SPECIAL NEEDS GRANTS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: To provide special needs grants to families with a family member at home who has a developmental disability or to a person with a developmental disability: $ 53,212 Grants must be used by a family to defray special costs of caring for the family member to prevent out-of-home placement of the family member or to provide for independent living costs. The grants may be administered by a private nonprofit agency which serves people statewide provided that no administrative costs are received by the agency. Regular reports regarding the special needs grants with the family support subsidy program and an annual report concerning the characteristics of the grantees shall be provided to the legislative fiscal bureau. Sec. 18. MI/MR/DD STATE CASES. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purchase of local services for persons with mental illness, mental retardation, and developmental disabilities where the client has no established county of legal settlement: $ 5,454,000 If a county has a county management plan which is approved by the director of human services pursuant to section 331.439, the services paid for under this section are exempt from the department's purchase of service system requirements. The department shall adopt rules to implement the provisions of this paragraph. Sec. 19. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES - COMMUNITY SERVICES FUND. There is appropriated from the general fund of the state to the mental health and developmental disabilities community services fund created in section 225C.7 for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For mental health and developmental disabilities community services in accordance with this Act: $ 16,230,000 1. Of the funds appropriated in this section, $15,951,138 shall be allocated to counties for funding of community-based mental health and developmental disabilities services. The moneys shall be allocated to a county as follows: a. Fifty percent based upon the county's proportion of the state's population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget. b. Fifty percent based upon the county's proportion of the state's general population. 2. a. A county shall utilize the funding the county receives pursuant to subsection 1 for services provided to persons with a disability, as defined in section 225C.2. However, no more than 50 percent of the funding shall be used for services provided to any one of the service populations. b. A county shall use at least 50 percent of the funding the county receives under subsection 1 for contemporary services provided to persons with a disability, as described in rules adopted by the department. 3. Of the funds appropriated in this section, $30,000 shall be used to support the Iowa compass program providing computerized information and referral services for Iowans with disabilities and their families. 4. The department shall submit an annual report concerning each population served and each service funded in this section to the chairpersons and ranking members of the joint appropriations subcommittee on human services and the legislative fiscal bureau. 5. Of the funds appropriated in this section, not more than $248,862 shall be provided to those counties having supplemental per diem contracts in effect on June 30, 1994, which were originally ini tiated under 1993 Iowa Acts, chapter 172, section 16, subsection 2. The amount provided to each county shall be equal to the amount the county would be eligible to receive under the supplemental per diem contracts in effect on June 30, 1994, if the contracts were continued in effect for the entire fiscal year beginning July 1, 1996. 6. a. Funding from the federal social services block grant in the amount of $13,038,763 is allocated for distribution to counties for local purchase of services for persons with mental illness or mental retardation or other developmental disability. b. The funds allocated in this subsection shall be expended by counties in accordance with eligibility guidelines established in the department's rules outlin ing general provisions for service administration. Services eligible for payment with funds allocated in this subsection are limited to any of the following which are provided in accordance with the department's administrative rules for the services: adult support, adult day care, administrative support for volunteers, community supervised apartment living arrangements, residential services for adults, sheltered work, supported employment, supported work training, transportation, and work activity. c. In purchasing services with funds allocated in this subsection, a county shall designate a person to provide for eligibility determination and development of a case plan for individuals for whom the services are purchased. The designated person shall be a medical assistance case manager serving the person's county of residence. If an individual does not have a case manager, the individual's eligibility shall be determined by a social services caseworker of the department serving the individual's county of residence. The case plan shall be developed in accordance with the department's rules outlining general provisions for service administration. d. Services purchased with funds allocated in this subsection must be the result of a referral by the person who identified the services in developing the individual's case plan. e. Services purchased with funds allocated in this subsection must be under a purchase of service contract established in accordance with the department's administrative rules for purchase of service. f. The funds provided by this subsection shall be allocated to each county as follows: (1) Fifty percent based upon the county's proportion of the state's population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget. (2) Fifty percent based upon the amount provided to the county for local purchase of services in the preceding fiscal year. g. Each county shall submit to the department a plan for funding of the services eligible for payment under this subsection. The plan may provide for allocation of the funds for one or more of the eligible services. The plan shall identify the funding amount the county allocates for each service and the time period for which the funding will be available. Only those services which have funding allocated in the plan are eligible for payment with funds provided in this subsection. h. A county shall provide advance notice to the individual receiving services, the service provider, and the person responsible for developing the case plan of the date the county determines that funding will no longer be available for a service. i. The moneys provided under this subsection do not establish an entitlement to the services funded under this subsection. 7. If a county has a county management plan which is approved by the director of human services pursuant to section 331.439, the county shall be considered to have met the requirements of subsection 2, and subsection 6, paragraphs "b", "c", "d", "e", and "g". The department shall adopt rules to implement the provisions of this subsection. Sec. 20. PERSONAL ASSISTANCE - FAMILY SUPPORT. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount or so much thereof as is necessary, to be used for the purpose designated: For continuation of a pilot project for the personal assistance services program in accordance with this section: $ 364,000 The funds appropriated in this section shall be used by the division of children and family services to continue the pilot project for the personal assistance services program under section 225C.46 in an urban and a rural area. A portion of the funds may be used for costs to develop a federal home and community-based waiver under the medical assistance program for persons with physical disabilities or other expenditures necessary to develop the personal assistance program in the most appropriate and cost-effective manner. However, not more than $50,000 shall be used for administrative costs. The pilot project and the waiver shall not be implemented in a manner that would require additional county or state costs for assistance provided to an individual served under the pilot project or the waiver. Sec. 21. FIELD OPERATIONS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For field operations, including salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 38,483,998 FTEs 2,019.00 Sec. 22. GENERAL ADMINISTRATION. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For general administration, including salaries, support, maintenance, and miscellaneous purposes and for not more than the following full-time equivalent positions: $ 11,917,316 FTEs 401.00 1. Of the funds appropriated in this section, $57,090 is allocated for the prevention of disabilities policy council established in section 225B.3. 2. a. Except as provided under this subsection and under the appropriation in this Act to the legislative council, the department shall not implement the options for service system modification developed by the department's modification teams in response to proposed federal action and shall not implement other actions in response to enacted federal changes affecting the programs administered by the department unless the department is implementing a policy or action authorized in law by the Seventy-sixth General Assembly, 1996 Session, or by the Seventy-seventh General Assembly. b. The department may make changes to the requirements for periodic reporting by participants under the family investment program, food stamp program, or medical assistance program if the changes would result in a reduction in paper work for the participants and for department staff. If a federal waiver is necessary to implement a change, the department may submit the waiver request to the United States departments of health and human services and agriculture, as applicable. If the department elects to submit a waiver request or to adopt rules to implement a change under this paragraph, the department shall first consult with a group similar to the work group that considered the state human investment policy proposal or with a successor interagency task force which makes recommendations concerning the family investment program, and shall share the proposals with the chairpersons and ranking members of the committees on human resources of the senate and house of representatives. c. If implementation of the request would result in increased federal funding and would permit greater flexibility in service funding, the department may submit a waiver request to the United States department of health and human services for Title IV-E funding to be provided to the state in a fixed amount. Prior to submission of the request, the department shall consult with representatives of the juvenile court and service providers. Sec. 23. DEPARTMENT OF HUMAN SERVICES RESTRUCTURING TASK FORCE ON THE FUTURE OF HUMAN SERVICES. There is appropriated from the general fund of the state to the legislative council for the fiscal period beginning July 1, 1996, and ending June 30, 1998, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For expenses associated with the activities of the task force for assessing the structure and function of the department of human services and human services programs in accordance with this section: $ 75,000 1. The legislative council shall establish a task force to develop a comprehensive proposal for changing the role and function of the department of human services and its programs. The purpose of the changes is to improve services to Iowans through the creation of new federal, state, and local partnerships. The task force shall make recommendations regarding restructuring the department of human services in order to achieve better human services results, to improve the quality of service delivery, and to increase the quality of the department's interaction with the public. The task force may also assess program duplication and linkages with other federal, state, or local programs or funding streams. 2. The task force shall be composed of not more than 21 members appointed by the legislative council and shall include not more than five individuals recommended by the governor and legislators who are members of the joint appropriations subcommittee on human services and other knowledgeable legislators designated by the legislative council. The task force may use moneys appropriated in this section for technical assistance. The task force shall consult with service consumers, experts who are representative of organizations such as nonprofit service organizations, health insurers, and human serviceS-oriented community organizations, representatives of local governments, representatives of state agencies, federal officials with expertise or responsibilities regarding human services in Iowa, and others, as determined by the task force. An interim report shall be completed prior to the convening of the Seventy-seventh General Assembly. The task force shall provide for public input concerning the four modification proposals developed by the department in response to proposed federal actions submitted to the joint appropriations subcommittee on human services in February 1996. The task force may establish work groups to assist in the task force's consideration of the modification proposals which may include the following: a. A review of the child welfare modification proposal which may include input from representatives of the juvenile court, service providers, families receiving services, the attorney general, representatives of local governments, representatives of state agencies, and other citizens and officials. b. A review of the mental health and developmental disabilities proposal which shall incorporate issues associated with implementation of the funding reform enacted in 1995 Iowa Acts, chapter 206; usage of service providers such as intermediate care facilities for the mentally retarded, state institutions, and other services for persons with disabilities; distribution of services throughout the state; and other issues. In addition, the review shall consider a proposal to replace the single contract for managed care under medical assistance with not more than four regional plans utilizing collaborations between community mental health centers as umbrella agencies. c. A review of the family investment program proposal which may include input from the work group which considered the state human investment policy proposal or a successor interagency task force which makes recommendations to the department concerning the family investment program. Consideration of issues associated with the proposal may include review of the emergency assistance program, the family development and self-sufficiency (FaDSS) program, and child day care programs, and an assessment of the feasibility of transferring all or part of the functions of the child support recovery unit to other agencies of state government. d. A review of the medical assistance proposal which may include input from representatives of the medical assistance advisory council, the long-term care resident's advocate, and consumer groups such as the Iowa affiliate of the American association of retired persons, Iowa citizens' action network, the governor's DD council which was formerly referred to as the governor's planning council for developmental disabilities, and representatives of maternal and child health centers. 3. If federal law requires the state to make changes in the programs and services directed to the populations addressed by the modification proposals and authorizes the changes to be made without state legislation, the department shall adopt rules to implement the changes. The rules shall be submitted to the task force for review and recommendation prior to their submission to the administrative rules review committee. Sec. 24. VOLUNTEERS. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For development and coordination of volunteer services: $ 98,900 Sec. 25. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN SERVICES. 1. a. The department of human services may allocate increases among items and procedures for durable medical products and supplies as deemed appropriate in cooperation with durable medical equipment and supply dealers, audiologists, and hearing aid dealers. b. For the fiscal year beginning July 1, 1996, skilled nursing facilities shall remain at the rates in effect on June 30, 1996. c. The dispensing fee for pharmacists shall remain at the rate in effect on June 30, 1996. The reimbursement policy for drug product costs shall be in accordance with federal requirements. d. Reimbursement rates for in-patient and outpatient hospital services shall remain at the rates in effect on June 30, 1996. The department shall continue the outpatient hospital reimbursement system based upon ambulatory patient groups implemented pursuant to 1994 Iowa Acts, chapter 1186, section 25, subsection 1, paragraph "f". Reimbursements made between July 1, 1996, and June 30, 1997, under the outpatient hospital reimbursement system implemented pursuant to 1994 Iowa Acts, chapter 1186, section 25, subsection 1, paragraph "f", shall be retrospectively adjusted so that the reimbursement made is within a ten percent deviation of the lower of the cost or the charges for the services provided during the fiscal year ending June 30, 1996. In addition, the department shall continue the revised medical assistance payment policy implemented pursuant to that paragraph to provide reimbursement for costs of screening and treatment provided in the hospital emergency room if made pursuant to the prospective payment methodology developed by the department for the payment of outpatient services provided under the medical assistance program. e. Reimbursement rates for rural health clinics shall be increased in accordance with increases under the federal medicare program. f. Home health agencies certified for the federal Medicare program, hospice services, and acute care mental hospitals shall be reimbursed for their current federal Medicare audited costs. g. The basis for establishing the maximum medical assistance reimbursement rate for nursing facilities shall be the 70th percentile of facility costs as calculated from the June 30, 1996, unaudited compilation of cost and statistical data. However, to the extent funds are available within the amount projected for reimbursement of nursing facilities within the appropriation for medical assistance in this Act, and within the appropriation for medical assistance as a whole, the department shall adjust the maximum medical assistance reimbursement for nursing facilities to the 70th percentile, as calculated on December 31, 1996, unaudited compilation of cost and statistical data and the adjustment shall take effect January 1, 1997. h. The department may modify the reimbursement methodology for skilled nursing facilities which participated in the medical assistance program on or before May 31, 1993, and which met the departmental disproportionate share payment provisions as of May 31, 1993, if it is possible to demonstrate that the modification would result in a cost savings to the medical assistance program. i. The department may revise the fee schedule used for physician reimbursement. j. Federally qualified health centers shall be reimbursed at 100 percent of reasonable costs as determined by the department in accordance with federal requirements. k. The department may allocate increases among items and procedures for dental procedures as deemed appropriate in cooperation with dentists. 2. For the fiscal year beginning July 1, 1996, the maximum cost reimbursement rate for residential care facilities reimbursed by the department shall be $21.54 per day. The flat reimbursement rate for facilities electing not to file semiannual cost reports shall be $15.41 per day. For the fiscal year beginning July 1, 1996, the maximum reimbursement rate for providers reimbursed under the in-home healtH-related care program shall be $414.11 per month. 3. Unless otherwise directed in this section, when the department's reimbursement methodology for any provider reimbursed in accordance with this section includes an inflation factor, this factor shall not exceed the amount by which the consumer price index for all urban consumers increased during the calendar year ending December 31, 1995. 4. Notwithstanding section 234.38, in the fiscal year beginning July 1, 1996, the foster family basic daily maintenance rate and the maximum adoption subsidy rate for children ages 0 through 5 years shall be $12.34, the rate for children ages 6 through 11 years shall be $13.06, the rate for children ages 12 through 15 years shall be $14.23, and the rate for children ages 16 and older shall be $15.12. 5. For the fiscal year beginning July 1, 1996, the maximum reimbursement rates for social service providers shall be the same as the rates in effect on June 30, 1996, except under any of the following circumstances: a. If a new service was added after June 30, 1996, the initial reimbursement rate for the service shall be based upon actual and allowable costs. b. If a social service provider loses a source of income used to determine the reimbursement rate for the provider, the provider's reimbursement rate may be adjusted to reflect the loss of income, provided that the lost income was used to support actual and allowable costs of a service purchased under a purchase of service contract. c. The department revises the reimbursement rates as part of the changes in the mental health and developmental disabilities services system initiated pursuant to 1995 Iowa Acts, chapter 206 (Senate File 69), and associated legislation. d. The reimbursement rate revision is necessary to implement the change required by the appropriation in this Act for an increase in the reimbursement for residential care facilities. 6. The group foster care reimbursement rates paid for placement of children out-of-state shall be calculated according to the same rate-setting principles as those used for in-state providers unless the director determines that appropriate care cannot be provided within the state. The payment of the daily rate shall be based on the number of days in the calendar month in which service is provided. 7. For the fiscal year beginning July 1, 1996, the combined service and maintenance components of the reimbursement rate paid to a shelter care provider shall be based on the cost report submitted to the department. The maximum reimbursement rate shall be $76.61 per day. If the department would reimburse the provider at less than the maximum rate but the provider's cost report justifies a rate of at least $76.61, the department shall readjust the provider's reimbursement rate to the maximum reimbursement rate. In January 1997, the department shall review the usage of shelter care and the funding allocated for shelter care, if the usage is less than anticipated and the existing contracts for provision of shelter care do not obligate the total amount of the funds allocated, the department may utilize moneys in the allocation, which would otherwise be unexpended, for wrap-around services or support to enable group foster care placement to be prevented or the length of stay reduced. 8. The department, through the drug utilization review commission, shall propose a pilot project for an alternative payment system, recommended in the study completed by the drug utilization review commission, for compensation of pharmacists for pharmaceutical care services under medical assistance at no cost to the state. The department shall submit the proposal to the members of the joint appropriations subcommittee on human services on or before November 30, 1996. 9. For the fiscal year beginning July 1, 1996, the department shall calculate reimbursement rates for intermediate care facilities for the mentally retarded at the 80th percentile. The department shall address any other proposals for containment of intermediate care facilities for the mentally retarded costs with the work group for restructuring of the department of human services created pursuant to this Act. 10. The department of human services shall adopt rules applicable to agencies providing services under the department's rehabilitative treatment program for children and their families to eliminate reimbursement rate limits on service components which are within a category of cost which itself has a reimbursement rate limit. The change required by this subsection shall be implemented in a manner which is cost neutral. 11. The department shall negotiate with providers of services under the department's medical assistance rehabilitative treatment program for children and families, to revise the department's rules providing reimbursement rates under the program, including a review of cost principles. The goals for the revision are to simplify the reimbursement process, reduce paperwork for providers, and provide full payment for necessary services provided under contract with the department. Prior to adoption of the rules and no later than October 1, 1996, the department shall provide a description of the agreement to the chairpersons and ranking members of the joint appropriations subcommittee on human services. The provisions of this subsection shall be separate from the provisions of subsection 10. 12. The department of human services, in consultation with representatives of nursing facilities, consumers, legislators, a representative of the department of management or the governor's designee, and other interested entities, shall do all of the following with the goals of improving the quality of care and improving the recruitment and retention of qualified direct health care providers in nursing facilities: a. Establish definitions for the direct health care, administrative, room and board, and property cost categories for reimbursement of nursing facilities under the medical assistance program. b. Analyze and make recommendations for the distribution of costs among the cost categories which may include elimination or replacement of the cost categories. c. Analyze and make recommendations to eliminate reimbursement rate limits on components which are within a category of cost which itself has a reimbursement rate limit. d. Conduct a cost-benefit analysis of incentive payments, evaluate their impact on quality of care and patient wellbeing, and make recommendations based upon the analysis and evaluation. e. Analyze and make recommendations for clarification and simplification of the cost report format, which may include standardization with the county charts of accounts. f. Analyze and make recommendations regarding the use of a reimbursement allowance for those nursing facilities serving a disproportionate share of medical assistance patients. g. Analyze and make recommendations regarding effective ways to mediate disputes between a nursing facility and the department of inspections and appeals concerning significant violations, prior to a formal appeal. h. Submit a report of the definitions, analysis, and recommendations to the general assembly on or before December 16, 1996. 13. The department may adopt emergency rules to implement the provisions of this section. Sec. 26. RESIDENTIAL SERVICES - PURCHASE OF SERVICES - REIMBURSEMENT RATE INCREASE. There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For an increase in the purchase of service reimbursement rate for adult residential services provided to persons residing in any category of licensed residential care facility. Beginning July 1, 1996, provider service rates for adult residential services shall be increased up to the amount of actual and allowable costs plus inflation, based upon the cost reports on which rates have been established as of April 1, 1996. However, a provider service rate shall not be increased by more than $4.36 per day. If a provider service rate in effect prior to July 1, 1996, is greater than the actual and allowable costs plus inflation, based upon the cost report, or if the difference between the provider service rate and the actual and allowable costs is less than $.44 per day, the provider service rate shall be increased by $.44 per day: $ 1,300,000 1. Funding appropriated in this section shall be allocated to counties in accordance with the distribution guidelines for local purchase of services in accordance with the appropriation in this Act for the mental health and developmental disabilities community services fund. Use of the funding is restricted to reimbursement of a licensed residential care facility provider of adult residential services which had a purchase of service contract for those services in effect on June 30, 1996, and for which the rate negotiated for fiscal year 1996-1997 is greater than the rate paid in fiscal year 1995-1996. 2. Of the moneys appropriated in this section, $130,000 shall be transferred to the appropriation in this Act for MI/MR/DD state cases and shall be used for payment of the increased reimbursement rate to residential care facilities providing services through local purchase of services for persons under the state cases program, and in accordance with the guidelines in this Act for local purchase of services. Sec. 27. APPROPRIATIONS REDUCTIONS. The following appropriations in this Act for the fiscal year beginning July 1, 1996, and ending June 30, 1997, are reduced by a total of $1,560,000: child support recovery, juvenile institutions, community-based programs, mental health institutes, state hospital-schools, field operations, and general administration. The department shall use the following guidelines in achieving these reductions: 1. As the highest priority, avoid disruptions of direct client services. 2. To the extent possible, use attrition to reduce the number of positions filled. 3. To the extent possible, not disproportionately affect a single job classification. 4. Not include in the reduction, the elimination of the 3.00 FTEs for managed care specialists in the medical services division. 5. Consider reductions in administration, overhead, and program duplication. The department shall submit the department's plan for accomplishing the reductions to the chairpersons and ranking members of the joint appropriations subcommittee on human services, the department of management, and the legislative fiscal bureau on or before June 15, 1996. Sec. 28. STATE INSTITUTIONS - CLOSINGS, REDUCTIONS, AND BILLING PRACTICES. 1. If a state institution administered by the department of human services is to be closed or reduced in size, prior to the closing or reduction the department shall initiate and coordinate efforts in cooperation with the Iowa department of economic development to develop new jobs in the area in which the state institution is located. In addition, the department may take other actions to utilize any closed unit or other facilities and services of an institution, including but not limited to assisting public or private organizations in utilizing the services and facilities. The actions may also include assisting an organization with remodeling and lease costs by forgiving future rental or lease payments to the extent necessary for a period not to exceed five years. The department of human services and the department of economic development shall submit a joint report to the chairpersons and ranking members of the joint appropriations subcommittee on human services on or before January 2, 1997, regarding any efforts made pursuant to this subsection. 2. For purposes of this section, "state institution" means a state mental health institute, a state hospital-school, the state training school, and the Iowa juvenile home under the authority of the department of human services listed in section 218.1. If excess capacity exists at a state institution beyond the capacity required for placements at the institution under law, the department of human services may enter into a contract with a managed care provider or an organized delivery system for health care, to provide services during the fiscal year beginning July 1, 1996, at the institution for the plan or system. 3. The department shall work with administrators of state institutions and the department of management and the legislative fiscal bureau in reviewing revenues and expenditures attributable to state institutions, applicable fiscal procedures, and other information as necessary to develop a proposal to revise the manner of making appropriations to these state institutions and of accounting for reimbursements and expenditures so that in future fiscal years the amounts appropriated reflect the net amount of state funds needed. The proposal shall be submitted to the general assembly on or before December 16, 1996. If deemed feasible by those performing the review, the department of human services and the department of management shall incorporate the proposed revisions in the budget documents for the fiscal year beginning July 1, 1997. 4. The superintendents of the state hospital-schools shall work with the department's administrative staff in studying the manner in which services and costs are combined for purposes of billing for medical assistance reimbursement at the state hospital-schools. Following the study, the superintendents shall submit a report which may include a proposal for revising the state hospital-schools' manner of billing for medical assistance reimbursement to be more comparable to other intermediate care facilities for the mentally retarded. The report shall be submitted to the general assembly on or before December 16, 1996. 5. The superintendent of the state hospital-schools shall work with the department's administrative staff in developing methodologies to bill services, consultation, and other assistance provided by the state hospital-schools in support of community-based services. The department may implement the methodologies in the fiscal year beginning July 1, 1996. 6. In addition to existing planning efforts for communitybased alternatives to placements at a state hospital-school, if the department's budget planning for fiscal year 1997-1998 includes a proposal for reduction of capacity at a state hospital-school or mental health institute, the department shall work with counties, service providers, advocates, and the department's contractor for managed mental health care under medical assistance, in developing a plan for community-based placements in place of the capacity proposed to be reduced. The plan shall be submitted for review to the task force on the future of human services created in this Act and to the statecounty management committee. It is the intent of the general assembly that any authorization for any reduction of capacity at a state hospital-school or state mental health institute in fiscal year 1997-1998 is contingent upon development of sufficient community-based placements to replace the reduced capacity. 7. To the extent possible, the department shall consult with the applicable workgroups of the task force on the future of the department of human services created in this Act concerning the activities required of the department pursuant to this section. Sec. 29. STANDARDS FOR CASELOADS. The department of human services shall develop a plan for meeting national standards on caseloads for the department's social workers. The department shall submit the planning provisions required by this section to the members of the joint appropriations subcommittee on human services of the senate and house of representatives on or before January 8, 1997. Sec. 30. REPORTS. Any reports or information required to be compiled and submitted under this Act shall be submitted to the chairpersons and ranking members of the joint appropriations subcommittee on human services, the legislative fiscal bureau, the legislative service bureau, and to the caucus staffs on or before the dates specified for submission of the reports or information. Sec. 31. REPORTS BY PROVIDERS OF FOSTER CARE SERVICES - REVIEW - PROCESS SIMPLIFICATION. The department of human services shall consult with providers of rehabilitation treatment services relating to the medical assistance child services initiative in reviewing provider requirements relating to financial and statistical accountability reporting and the process for submission of the reports relating to these requirements. Following this review, and no later than January 1, 1997, the department of human services shall implement a process which provides, at a minimum, for a simplified means of documenting compliance with provider accountability requirements which shall, at a minimum, include consolidation of the reports required and which may provide a means for submission of the reports in an electronic format. Sec. 32. Section 135H.6, Code 1995, is amended by adding the following new subsections: NEW SUBSECTION. 5A. The department of human services may give approval to conversion of beds specializing in substance abuse treatment previously approved under subsection 5, paragraph "b", to beds which are not specialized as referenced in subsection 5, paragraph "a". Beds converted under this subsection shall be in addition to the number of beds authorized under subsection 5, paragraph "a". However, the total number of beds approved under subsection 5 shall not exceed four hundred thirty. Conversion of beds under this subsection shall not require a revision of the certificate of need issued for the psychiatric institution making the conversion. NEW SUBSECTION. 7. A psychiatric institution licensed prior to January 1, 1996, may exceed the number of beds authorized under subsections 5 and 5A if the excess beds are used to provide services funded from a source other than the medical assistance program under chapter 249A. Notwithstanding subsections 4, 5, and 5A, the provision of services using such excess beds does not require a certificate of need or a review by the department of human services. Sec. 33. Section 228.5, subsection 1, Code 1995, is amended to read as follows: 1. An individual or an individual's legal representative shall be informed that mental health information relating to the individual may be disclosed to employees or agents of or for the same mental health facility or to other providers of professional services or their employees or agents if and to the extent necessary to facilitate the provision of administrative and professional services to the individual. Sec. 34. Section 228.5, Code 1995, is amended by adding the following new subsection: NEW SUBSECTION. 4. Mental health information relating to an individual may be disclosed to other providers of professional services or their employees or agents if and to the extent necessary to facilitate the provision of administrative and professional services to the individual. Sec. 35. Section 232.143, Code Supplement 1995, is amended to read as follows: 232.143 REGIONAL GROUP FOSTER CARETARGETBUDGET TARGETS. 1. A statewide expenditure targetfor the average numberoffor children in group foster care placementson anyday ofin a fiscal year, which placements are a charge upon or are paid for by the state, shall be established annually in an appropriation bill by the general assembly. The department and the judicial department shall jointly develop a formula for allocating a portion of the statewide expenditure target established by the general assembly to each of the department's regions. The formula shall be based upon the region's proportion of the state population of children and of the statewidenumber of children placed inusage of group foster care in the previous five completed fiscal years and other indicators of need. Thenumberexpenditure amount determined in accordance with the formula shall be the group foster careplacementbudget target for that region. A region may exceed its budget target for group foster care by not more than five percent in a fiscal year, provided the overall funding allocated by the department for all child welfare services in the region is not exceeded. 2. For each of the department's regions, representatives appointed by the department and the juvenile court shall establish a plan for containing thenumberofexpenditures for children placed in group foster care ordered by the court within the budget target allocated to that region pursuant to subsection 1. The plan shall include monthly targets and strategies for developing alternatives to group foster care placements in order to contain expenditures for child welfare servicesprovided to childrenwithin the amount appropriated by the general assembly for that purpose. Each regional plan shall be established in advance of the fiscal year to which the regional plan applies. To the extent possible, the department and the juvenile court shall coordinate the planning required under this subsection with planning for services paid under section 232.141, subsection 4. The department's regional administrator shall communicate regularly, as specified in the regional plan, with the juvenile courts within that region concerning the current status of the regional plan's implementation. 3. State payment for group foster care placements shall be limited to those placements which are in accordance with the regional plans developed pursuant to subsection 2. If a proposed group foster care placement in a region would meet the region's plan requirements except that the placement would cause a monthly or overall budget target to be exceeded and the child is eligible for an alternative service which is costlier and more restrictive than the proposed placement, the director of human services, after consultation with appropriate juvenile court officials, may allow an exception to policy and authorize the placement. At the close of the fiscal year, moneys for specific placements authorized by the director under this subsection shall be transferred from the state appropriation for the alternative placement to the appropriation for group foster care placements, as necessary to prevent a deficit in the appropriation for group foster care. Sec. 36. Section 234.39, unnumbered paragraph 1, Code Supplement 1995, is amended to read as follows: It is the intent of this chapter that an individual receiving foster care services and the individual's parents or guardians, shall have primary responsibility for paying the cost of the care and services. The support obligation established and adopted under this section shall be consistent with the limitations on legal liability established under sections 222.78 and 230.15, and by any other statute limiting legal responsibility for support which may be imposed on a person for the cost of care and services provided by the department. The department shall notify an individual's parents or guardians at the time of the placement of an individual in foster care, of the responsibility for paying the cost of care and services. Support obligations shall be established as follows: Sec. 37. Section 234.39, Code Supplement 1995, is amended by adding the following new subsection: NEW SUBSECTION. 4. The support debt for the costs of services, for which a support obligation is established pursuant to this section, which accrues prior to the establishment of the support debt, shall be collected, at a maximum, in the amount which is the amount of accrued support debt for the three months preceding the earlier of the following: a. The provision by the child support recovery unit of the initial notice to the parent or guardian of the amount of the support obligation. b. The date that the written request for a court hearing is received by the child support recovery unit as provided in section 252C.3 or 252F.3. Sec. 38. NEW SECTION. 239.23 FAMILY INVESTMENT PROGRAM HOST HOMES. 1. As used in this section, unless the context otherwise requires: a. "Host home" means a host home authorized in accordance with the provisions of this section and licensed by the department to provide a living arrangement and related services to minor parents and pregnant minors or an alternative adult supervised placement approved by the department. b. "Minor parent" means a recipient of or applicant for assistance who is less than eighteen years of age and has never been married. 2. The department shall perform a home assessment of a minor parent who applies for assistance to assess the minor parent's living arrangement prior to the granting of assistance. If a minor parent is receiving assistance at the time the provisions of this section are implemented, the department shall perform a home assessment as a condition of continued assistance. 3. If the department determines, based upon the home assessment, that the minor parent is living in an environment which is conducive to the positive upbringing of the minor parent's child, the department may allow the minor parent to continue living in the home with the parent or the legal guardian of the minor parent or in another current living arrangement which is approved by the department. 4. If the department determines, based upon the home assessment, that good cause exists for the minor parent to not live with their parent or legal guardian or in the other current living arrangement because the home environment is not conducive to the minor parent's physical, emotional, or mental well-being, the department shall require the minor parent to relocate to a host home, as a condition of assistance under this chapter. If the minor parent does not live in a host home and the department determines the resulting level of risk to the minor parent warrants the filing of a child in need of assistance petition, the department shall file the petition. 5. If the department determines, based upon the home assessment, that remaining in the current living arrangement is not in the best interest of the minor parent or a child of the minor parent and the minor parent is placed in a host home, the parent or legal guardian shall be referred to the department's child support recovery unit to establish a child support obligation in accordance with the child support guidelines prescribed pursuant to section 598.21, subsection 4, not to exceed the cost of the host home placement. However, if a child in need of assistance petition is filed and the child is placed in a foster care setting, the child support obligation shall be determined as provided in section 234.39. 6. a. The department shall issue a request for proposals for grants for nonprofit organizations to establish host homes to provide adult supervision to minor parents and pregnant minors presumed to be eligible for assistance. A proposal shall demonstrate the organization's ability to provide supervision, services, and other support to enable a minor parent or pregnant minor to develop self-sufficiency. b. Funding for a host home shall be obtained through assignment of the minor parent's assistance under this chapter, as permitted under federal law or waiver, through child support recovered from the parent or legal guardian of the minor parent, and through appropriations made for the purposes of reimbursing host homes. c. The department shall adopt rules for licensing of host homes which are distinct from foster care licensure requirements. d. Host home services shall include but are not limited to training in family development, parenting and self-sufficiency skills, and assistance in completing an education. e. A host home shall not be considered to be a group foster care facility or to be another licensed facility which provides care for children. The placement of a minor parent or pregnant minor and the children of a minor parent shall not be considered a placement which is subject to the statewide target for the number of group foster care placements under section 232.143 and associated provisions. 7. This section shall not be implemented prior to July 1, 1997, and implementation is contingent upon federal approval of a waiver authorizing the implementation. Sec. 39. Section 252B.4, Code 1995, is amended to read as follows: 252B.4 NONASSISTANCE CASES. The child support and paternity determination services established by the department pursuant to this chapter and other appropriate services provided by law including but not limited to the provisions of chapters 239, 252A, 252C, 252D, 252E, 252F, 598, and 600B shall be made available by the unit to an individual not otherwise eligible as a public assistance recipient upon application by the individual for the services. The application shall be filed with the department. 1. The director shall require an application fee of five dollars. 2. The director mayrequire an additionalcollect a fee to cover the costs incurred by the departmentin providing thesupport collection and paternity determination servicesfor service of process, genetic testing and court costs if the entity providing the service charges a fee for the services.a. The director shall, by rule, establish and inform allapplicants for support enforcement and paternity determinationservices of the fee schedule.b. The additional fee for services may be deducted from theamount of the support money recovered by the department or maybe collected from the recipient of the services followingrecovery of support money by the department.3. When the unit intercepts a federal tax refund of an obligor for payment of delinquent support and the funds are due to a recipient of services who is not otherwise eligible for public assistance, the unit shall deduct a twenty-five dollar fee from the funds before forwarding the balance to the recipient. a. The unit shall inform the recipient of the fee under this subsection prior to assessment. b. The fee shall be assessed only to individuals who receive support from the federal tax refund offset program. If the tax refund due the recipient is less than fifty dollars, the fee shall not be assessed.4. The department may adopt rules to establish fees whichprovide for recovery of administrative costs of the program inaddition to other fees identified.5.4. Fees collected pursuant to this section shall be retained by the department for use by the unit. The director or a designee shall keep an accurate record of funds so retained.6.5. An application fee paid by a recipient of services pursuant to subsection 1 may be recovered by the unit from the person responsible for payment of support and if recovered, shall be used to reimburse the recipient of services. a. The fee shall be an automatic judgment against the person responsible to pay support. b. This subsection shall serve as constructive notice that the fee is a debt due and owing, is an automatic judgment against the person responsible for support, and is assessed as the fee is paid by a recipient of services. The fee may be collected in addition to any support payments or support judgment ordered, and no further notice or hearing is required prior to collecting the fee. c. Notwithstanding any provision to the contrary, the unit may collect the fee through any legal means by which support payments may be collected, including but not limited to income withholding under chapter 252D or income tax refund offsets, unless prohibited under federal law. d. The unit is not required to file these judgments with the clerk of the district court, but shall maintain an accurate accounting of the fee assessed, the amount of the fee, and the recovery of the fee. e. Support payments collected shall not be applied to the recovery of the fee until all other support obligations under the support order being enforced, which have accrued through the end of the current calendar month, have been paid or satisfied in full. f. This subsection applies to fees that become due on or after July 1, 1992. Sec. 40. Section 426B.2, subsection 5, Code Supplement 1995, is amended to read as follows: 5. The department of human services shall notify the director of revenue and finance of the amounts due a county in accordance with the provisions of this section. The director of revenue and finance shall draw warrants on the property tax relief fund, payable to the county treasurer in the amount due to a county in accordance with subsections 1 and 3 andin Septemberon July 1 andMarchJanuary 1 of each year. Warrants for the state payment in accordance with subsection 2 shall bemaileddistributed in January of each year. Sec. 41. NEW SECTION. 514I.1 IOWA HEALTHY KIDS PROGRAM - LEGISLATIVE INTENT. 1. The general assembly finds that increased access to health care services could improve children's health and reduce the incidence and costs of childhood illness and disabilities among children in this state. Many children do not have health care services available or funded, and for those who do, lack of access is a restriction to obtaining such services. It is the intent of the general assembly that a program be implemented to provide health care services and comprehensive health benefits or insurance coverage to children. A goal for the program is to cooperate with any existing programs with similar purposes funded by either the public or private sector. 2. For the purposes of this chapter, unless the context otherwise requires: a. "Advisory council" means the advisory council created by the division under section 514I.4. b. "Division" means the insurance division of the department of commerce. c. "Program" means the program developed by the division in accordance with section 514I.3. Sec. 42. NEW SECTION. 514I.2 IOWA HEALTHY KIDS PROGRAM AUTHORIZATION. 1. The general assembly authorizes the division to implement the Iowa healthy kids program. The division shall have all powers necessary to carry out the purposes of this chapter, including, but not limited to, the power to receive and accept grants, loans, or advances of funds from any person and to receive and accept from any source contributions of money, property, labor, or any other thing of value, to be held, used, and applied for the purposes of the program. 2. The program shall operate initially on a pilot project basis to include urban and rural areas. Expansion beyond the initial pilot project is subject to authorization by law. 3. Implementation of the program shall be limited to the extent of the funding appropriated for the purposes of the program. Sec. 43. NEW SECTION. 514I.3 IOWA HEALTHY KIDS PROGRAM OBJECTIVES. The division shall develop a program to attain all of the following objectives: 1. Organize groupings of children for provision of comprehensive health benefits or insurance coverage. 2. Arrange for the collection of any payment or premium, in an amount to be determined by the division. The payment or premium shall be collected from a family of a participating child or other person to provide for payment for health care services or premiums for comprehensive health benefits or insurance coverage and for the actual or estimated administrative expenses incurred during the period for which the payments are made. The amount of payment or premium charged shall be based on the ability of the family of a child to pay. The division shall provide for adjustment of the amount charged to reflect contributions, public subsidy, or other means used to defray the amount charged. 3. Establish administrative and accounting procedures for the operation of the program. 4. Establish, in consultation with appropriate professional organizations, standards for health care services, providers, and comprehensive health benefits or insurance coverage appropriate for children and their family members. 5. Establish eligibility criteria which children and their family members must meet in order to participate in the program. 6. Establish participation criteria for the program and, if appropriate, contract with an authorized insurer, health maintenance organization, or insurance or benefits administrator to provide administrative services to the program. 7. Contract with authorized insurers, benefits providers, or any provider of health care services meeting standards established by the division, for the provision of comprehensive health benefits or insurance coverage and health care services to participants. 8. Develop and implement a plan to publicize the program, eligibility requirements of the program, and procedures for enrollment in the program and to maintain public awareness of the program. 9. Provide for administration of the program. 10. As appropriate, enter into contracts with local school boards or other agencies to provide on-site information, enrollment, and other services necessary to the operation of the program. 11. Provide an interim report on or before March 1, 1997, to the governor and general assembly, on the development of the program to date and an annual report thereafter until the program is terminated or extended statewide. Sec. 44. NEW SECTION. 514I.4 ADVISORY COUNCIL. 1. The division may create an advisory council to assist the division in implementing the program. The advisory council membership may include, but is not limited to, the following: a. A school administrator. b. A member of a school board. c. An employee of the state or local government in public health services. d. A pediatrician who is a member of the American academy of pediatrics, Iowa chapter. e. The director of human services or the director's designee. f. A member of the association of Iowa hospitals and health systems. g. A representative of authorized health care insurers or health maintenance organizations. h. A representative of a university center for health issues. i. A family practice physician who is a member of the Iowa academy of family physicians. j. A school nurse who is a member of the Iowa nurses association. k. The director of public health or the director's designee. l. A citizen who is knowledgeable concerning health care and children's issues. m. A citizen who is a parent with children at home who is active in a school-parent organization. 2. Advisory council members are entitled to receive, from funds of the division, reimbursement for actual and necessary expenses incurred in the performance of their official duties. Sec. 45. NEW SECTION. 514I.5 LICENSING NOT REQUIRED - FISCAL OPERATION. 1. Health benefits or insurance coverage obtained under the program is secondary to any other available private or public health benefits or insurance coverage held by the participant child. The division may establish procedures for coordinating benefits under this program with benefits under other public and private coverage. 2. The program shall not be deemed to be insurance. However, the insurance division may require that any marketing representative utilized and compensated by the program be appointed as a representative of the insurers or health benefits services providers with which the program contracts. Sec. 46. NEW SECTION. 514I.6 THE IOWA HEALTHY KIDS TRUST FUND. 1. An Iowa healthy kids trust fund is created in the state treasury under the authority of the commissioner of insurance, to which all appropriations shall be deposited and used to carry out the purposes of this chapter. Other revenues of the program such as grants, contributions, matching funds, and participant payments shall not be considered revenue of the state, but rather shall be funds of the program. However, the division may designate portions of grants, contributions, matching funds, and participant payments as funds of the state and deposit those funds in the trust fund. 2. The trust fund shall be separate from the general fund of the state and shall not be considered part of the general fund of the state. The moneys in the trust fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the trust fund shall be credited to the trust fund. Sec. 47. NEW SECTION. 514I.7 ACCESS TO RECORDS - CONFIDENTIALITY - PENALTIES. 1. Notwithstanding any other law to the contrary, the program shall have access to the medical records of a child who is participating or applying to participate in the program upon receipt of permission from a parent or guardian of the child, including but not limited to the medical records maintained by the state or a political subdivision of the state. Notwithstanding chapter 22, any identifying information, including medical records and family financial information, obtained by the program pursuant to this subsection is confidential. Except as provided in section 252B.9, chapter 252E, or any federal law or regulation to the contrary, the program, the program's employees, and agents of the program shall not release, without the written consent of the participant or the parent or guardian of the participant, to any state or federal agency, to any private business or person, or to any other entity, any confidential information received pursuant to this subsection. 2. A violation of the provisions of subsection 1 is a serious misdemeanor. Sec. 48. FEDERAL WAIVERS. 1. The department of human services shall submit a waiver request or requests to the United States department of health and human services as necessary to implement the changes in the family investment program and host home provisions under section 239.23 as enacted by this Act. In addition, the department may submit additional waiver requests to the United States department of health and human services to make changes to the medical assistance program under chapter 249A, as necessary to revise the program in accordance with any waiver provision implemented pursuant to section 239.23. 2. The waiver request or requests submitted by the department of human services to the United States department of health and human services shall be to apply the provisions of section 239.23 statewide. If federal waiver approval of the provisions is granted, the department of human services shall implement the provisions in accordance with the federal approval. If an approved waiver is in conflict with a provision of state law, the waiver provision shall apply and the department shall propose an amendment to resolve the conflict. The proposed amendment shall be submitted in accordance with the provisions of section 2.16 to the Seventyseventh General Assembly. 3. The department of human services shall adopt administrative rules pursuant to chapter 17A to implement the provisions of an approved waiver. If necessary to conform with federal waiver terms and conditions or to efficiently administer the provisions, the rules may apply additional policies and procedures which are consistent with the provisions of the approved waiver. 4. The effective date of a waiver requested under this section which is granted by the federal government shall be established by rule but shall not be earlier than July 1, 1997. If federal law is enacted to permit the state to implement a provision of section 239.23 without a federal waiver, the department shall proceed to implement the provisions within the timeframe specified in this subsection. Sec. 49. EMERGENCY RULES. If specifically authorized by a provision of this Act, the department of human services or the mental health and mental retardation commission may adopt administrative rules under section 17A.4, subsection 2, and section 17A.5, subsection 2, paragraph "b", to implement the provisions and the rules shall become effective immediately upon filing, unless the effective date is delayed by the administrative rules review committee, notwithstanding section 17A.4, subsection 5, and section 17A.8, subsection 9, or a later effective date is specified in the rules. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. Any rules adopted in accordance with the provisions of this section shall also be published as notice of intended action as provided in section 17A.4. Sec. 50. EFFECTIVE DATE. The following provisions of this Act, being deemed of immediate importance, take effect upon enactment: 1. Section 4, subsection 2, relating to the mental health managed care program. 2. Section 6, subsection 13, relating to moneys appropriated in 1996 Iowa Acts, House File 2114. 3. Section 10, subsection 18, relating to expenditure of federal funds for child and family services. 4. Section 27, relating to appropriations reductions." ON THE PART OF THE HOUSE ON THE PART OF THE SENATE HUBERT HOUSER, Chair JOHNIE HAMMOND, Chair RICHARD ARNOLD PATRICK J. DELUHERY DANNY CARROLL ELAINE SZYMONIAK ED FALLON NANCY BOETTGER PAM JOCHUM MAGGIE TINSMAN The motion prevailed and the report was adopted. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2442) The ayes were, 87: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brammer Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack Daggett Disney Doderer Drake Drees Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Millage Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 5: Brunkhorst Coon Kreiman Meyer Moreland Absent or not voting, 8: Boddicker Dinkla Eddie Holveck Mertz Myers Rants Salton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2442 be immediately messaged to the Senate. SENATE MESSAGE CONSIDERED Senate File 2470, by committee on appropriations, a bill for an act relating to state expenditure and regulatory matters by making standing and other appropriations, and providing technical provisions, stud ies of runaway youth, physician utilization, and retirement system issues, and providing a penalty and effective dates. Read first time and referred to committee on appropriations. The House stood at ease at 7:53 p.m., until the fall of the gavel. The House resumed session at 8:26 p.m., Speaker pro tempore Van Maanen of Marion in the chair. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 30, 1996, adopted the conference committee report and passed House File 2458, a bill for an act relating to the right to appointed counsel or a public defender, by relating to the eligibility for certain indigents, the recovery of defense costs, and by restricting the right to counsel for certain parents in child in need of assistance cases. JOHN F. DWYER, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 2421) Millage of Scott called up for consideration the report of the conference committee on House File 2421 and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2421 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 2421, a bill for An Act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, making appropriations for capital projects from the rebuild Iowa infrastructure fund, and relating to the Iowa communications network, construction projects for the commission of veterans affairs, county fairs, recreational trails, and nonreversion of certain appropriations, and providing an effective date, respectfully make the following report: 1. That the Senate recedes from its amendment, H-5960. 2. That House File 2421, as amended, passed, and reprinted by the House, is amended as follows: 1. Page 2, by inserting after line 20 the following: "8. For automating the oversize vehicle permitting system authorized under chapter 321E in order to improve communication between carriers and the department regarding changing road conditions, including construction zones: $ 125,000 9. For joining the I-35 corridor coalition: $ 150,000 This appropriation is contingent upon appointment of the membership of the Iowa delegation in accordance with the following: a. Four shall be legislative members of the general assembly. One member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the minority leader of the house of representatives, one member shall be appointed by the majority leader of the senate, and one member shall be appointed by the minority leader of the senate. b. Two shall be appointed by the governor." 2. Page 3, by inserting after line 14 the following: "g. For construction, reconstruction, and maintenance of the state highway system as appropriated for in chapter 313: $ 300,000,000 It is the intent of the general assembly, that if additional moneys become available to the primary road fund, the state transportation commission may expend the funds pursuant to section 313.4." 3. Page 4, by striking lines 15 and 16 and inserting the following: "b. For field garage facilities in Anamosa and Southeast Des Moines: $ 1,500,000" 4. Page 4, by striking line 30 and inserting the following: "the highway construction program and highway". 5. Page 5, line 2, by inserting after the figure "1996." the following: "The department shall include input from department employees who are members of a statewide employee organization on the effects of implementation of these recommendations on job-related activities and employee displacement." 6. Page 5, by inserting after line 2 the following: "Sec. ___. DIRECTIVES TO STATE DEPARTMENT OF TRANSPORTATION. 1. The state department of transportation shall establish a maintenance standard, equivalent to the department's "c" classification for maintenance, on state highways located between population centers of ten thousand or more persons. 2. The state department of transportation shall consider the location of the Iowa communication network's underground facilities and other telecommunication underground facilities when engineering road construction and repair projects and, where possible, shall engineer projects to minimize relocation of Iowa communications network underground facilities and other telecommunication underground facilities. 3. The state department of transportation shall take affirmative action to resolve the safety issues associated with access on highway 218, located between Ainsworth and Riverside, by students to schools located in the Highland community school district." 7. Page 7, by inserting after line 14, the following: "5. The state board of regents may use any available resources for planning the renovation of Lang hall at the university of northern Iowa." 8. Page 7, line 19, by striking the word "amount" and inserting the following: "amounts". 9. Page 7, line 20, by striking the word "purpose" and inserting the following: "purposes". 10. Page 7, line 21, by inserting before the word "For" the following: "1." 11. Page 7, by inserting after line 23 the following: "2. For annual payment relating to the financial arrangement for the construction of expansion in prison capacity as provided in 1990 Iowa Acts, chapter 1257, section 24: $ 3,179,500 DEPARTMENT OF CULTURAL AFFAIRS Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be allocated to an Iowa project that has received a national endowment for the humanities award for a museum and discovery center: $ 500,000 Allocation of moneys pursuant to this section shall be contingent upon a two-to-one matching contribution of private moneys. It is the intent of the general assembly that an additional $500,000 shall be appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 1997, for completion of the project in this section. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining on June 30, 1997, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund on August 31, 1997. DEPARTMENT OF EDUCATION Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of education for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For southwestern community college for construction of a rural heritage center: $ 500,000 Funding for the rural heritage center shall be contingent upon receipt of matching contributions from any other source. The matching contributions may be in the form of real property to house the center and shall be valued at the property's fair market value. It is the intent of the general assembly that an additional $500,000 shall be appropriated for the fiscal year beginning July 1, 1997. 2. For improvement and maintenance of institutional roads on community college campuses: $ 600,000 Notwithstanding section 8.33, unencumbered or unobligated moneys remaining on June 30, 1997, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund on August 31, 1997." 12. By striking page 7, line 25, through page 8, line 23, and inserting the following: "Sec. 50. There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of general services for the fiscal year beginning July 1, 1995, and ending June 30, 1996, the following amount, or so much thereof as is necessary, to be used for the following purpose: To provide for the renovation and repair of the soldiers and sailors monument of the civil war and the Allison monument located on the state capitol complex: $ 200,000 Of the appropriation in this section, $50,000 shall be used for renovation and repair of the Allison monument located on the state capitol complex. An effort shall be made by the department of education to match this appropriation from the citizens and the school children of Iowa as occurred when the monument was initially built. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining on June 30, 1998, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund on August 31, 1998. Sec. 51. There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of general services for the fiscal year beginning July 1, 1995, and ending June 30, 1996, the following amount, or so much thereof as is necessary, to be used for the following purpose: To provide for the planning, siting, and construction of a world war II veterans memorial: $ 200,000 1. The moneys appropriated in this section may be used to match nonstate funds for the planning, siting, and construction of the memorial. The state match shall be $2 of state money for each $3 of nonstate money. 2. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining on June 30, 1998, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund on August 31, 1998. Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of general services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For major maintenance needs including health, life, and fire safety and for compliance with the federal Americans with Disabilities Act for state-owned buildings and facilities: $ 6,500,000 2. For critical and deferred maintenance at Terrace Hill: $ 150,000 As a condition of receiving this appropriation, private matching funds must be contributed on a dollar-for-dollar basis. Notwithstanding section 8.33, unencumbered or unobligated funds remaining on June 30, 2001, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund of the state on August 31, 2001. Sec. . 1. There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of general services for the fiscal period beginning July 1, 1996, and ending June 30, 1999, the following amounts, or so much thereof as is necessary, to be used for the projects in the amounts and for the fiscal years as designated in subsection 2: a. For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 20,700,000 b. For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $ 14,600,000 c. For the fiscal year beginning July 1, 1998, and ending June 30, 1999: $ 3,900,000 2. a. For exterior state capitol building restoration: (1) For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 9,300,000 (2) For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $ 7,600,000 b. For interior state capitol building restoration: (1) For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 2,800,000 (2) For the fiscal year beginning July 1, 1998, and ending June 30, 1999: $ 2,300,000 c. For renovation of the old historical building: (1) For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 5,400,000 (2) For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $ 4,100,000 (3) For the fiscal year beginning July 1, 1998, and ending June 30, 1999: $ 1,600,000 d. For renovation of the Lucas tunnel: (1) For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 100,000 (2) For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $ 400,000 e. For renovation of the Lucas state office building: (1) For the fiscal year beginning July 1, 1996, and ending June 30, 1997: $ 3,100,000 (2) For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $ 2,500,000 It is the intent of the general assembly that the first and second floors of the Lucas state office building shall be used primarily by the general assembly and other legislative agencies. Notwithstanding section 8.33, unencumbered or unobligated funds remaining on June 30, 2001, from the funds appropriated in this section shall revert to the rebuild Iowa infrastructure fund of the state on August 31, 2001. DEPARTMENT OF HUMAN SERVICES Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of human services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For training, maintenance, and upgrades of computer software: $ 818,000 2. For the development costs of the "X-PERT" knowledgebased computer software package for public assistance benefit eligibility determination, including salaries, support, maintenance, and miscellaneous purposes: $ 790,000 Moneys appropriated in this section shall be considered encumbered for the purposes of section 8.33." 13. Page 9, by inserting after line 3 the following: "Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the department of natural resources for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the following purpose: For the rehabilitation, preservation, and continued use of state park facilities, including low-head dams and historic buildings, appurtenant structures, and utilities built by the civilian conservation corps (CCC) or the works progress administration (WPA): $ 3,000,000 All rehabilitation and preservation of CCC or WPA buildings funded by this appropriation shall conform to the United States secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings. Where feasible, the department shall encourage the use of youth employment for rehabilitation and preservation efforts provided for in this section. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining on June 30, 1999, from the funds appropriated in this section, shall revert to the rebuild Iowa infrastructure fund on August 31, 1999." 14. Page 9, line 21, by striking the word "amount" and inserting the following: "amounts". 15. Page 9, line 22, by striking the word "purpose" and inserting the following: "purposes". 16. Page 9, line 23, by inserting before the word "To" the following: "1." 17. Page 9, by inserting after line 30 the following: "2. For costs associated with the maintenance of the automated fingerprint information system (AFIS): $ 222,155" 18. Page 10, line 20, by striking the figure "1997" and inserting the following: "1998". 19. Page 10, line 22, by striking the figure "1997" and inserting the following: "1998". 20. Page 10, by inserting after line 22 the following: "Sec. . It is the intent of the general assembly that $1,400,000 shall be appropriated from the rebuild Iowa infrastructure fund to the commission of veterans affairs for fiscal year 1997-1998 for additional funding for food preparation and dining room expansion. However, the additional funding shall be contingent upon receiving notification from the United States department of veterans affairs that federal funds have also been appropriated to the commission for that expansion." 21. By striking page 10, line 23 through page 11, line 24. 22. By striking page 11, line 32, through page 12, line 2, and inserting the following: "For renovation and restoration of the grandstand, the cattle barn, the horse barn, the swine barn, and for improvements to sewer, water, and electrical systems located on the state fairgrounds: $ 5,000,000" 23. Page 12, by inserting after line 18 the following: "Sec. . Section 8.22A, subsection 5, unnumbered paragraph 2, Code Supplement 1995, is amended to read as follows: a. The amount of lottery revenues for the following fiscal year to be available for disbursement following the deductions made pursuant to section 99E.10, subsection 1. b. The amount of revenue for the following fiscal year from gambling revenues and from interest earned on the cash reserve fund and the economic emer gency fund to be deposited in the rebuild Iowa infrastructure fund under section 8.57, subsection 5, paragraph "e". Sec. 300. Section 8.57, subsection 5, paragraph c, Code Supplement 1995, is amended to read as follows: c. Moneys in the fund in a fiscal year shall be used as directed by the general assembly for publicinfrastructurerelated expendituresvertical infrastructure projects. For the purposes of this subsection, "vertical infrastructure" includes only land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational trails. "Vertical infrastructure" does not include routine, recurring maintenance or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement. However, appropriations may be made for the fiscal years beginning July 1, 1997, and July 1, 1998, for the purpose of funding the completion of Part III of the Iowa communications network. Sec. 400. Section 8.57, subsection 5, Code Supplement 1995, is amended by adding the following new paragraph: NEW PARAGRAPH. e. Notwithstanding provisions to the contrary in sections 99D.17 and 99F.11, for the fiscal years beginning July 1, 1995, and July 1, 1996, not more than a total of sixty million dollars; for the fiscal year beginning July 1, 1997, not more than fifty million dollars; for the fiscal year beginning July 1, 1998, not more than forty million dollars; and for the fiscal year beginning July 1, 1999, and for each fiscal year thereafter, not more than thirty-two million, five hundred thousand dollars; shall be deposited in the general fund of the state in any fiscal year pursuant to sections 99D.17 and 99F.11. The total moneys in excess of the moneys deposited in the general fund in a fiscal year shall be deposited in the infrastructure fund and shall be used as provided in this section, notwithstanding section 8.60." 24. Page 12, by inserting after line 30 the following: "Sec. . NEW SECTION. 18A.12 STATE CAPITOL VIEW PRESERVATION. The department of general services shall develop a state capitol view preservation plan. The purpose of the plan shall be to ensure that the most scenic views of the state capitol remain unobstructed by the erection of structures, including but not limited to buildings, towers, and monuments. The plan shall include proposals for height and setback limitations of structures erected within the state capitol view, and shall include appropriate drawings, schematics, and aerial photographs necessary to establish the plan with sufficient clarity and definition. The department shall negotiate implementation of the plan with the city of Des Moines with the goal of entering into a memorandum of understanding in relation to the plan. The department shall provide the governor and the capitol planning commission with quarterly reports regarding progress made on the capitol view preservation plan and execution of the memorandum of understanding." 25. Page 16, by inserting after line 27 the following: "Sec. . Section 307.10, subsection 1, Code 1995, is amended by striking the subsection and inserting in lieu thereof the following: 1. a. Develop and coordinate an updated comprehensive transportation policy for the state by January 15, 1997. The policy shall be submitted to the general assembly for approval, modification, or rejection. Future revisions to the policy shall be submitted to the general assembly for its approval. b. A comprehensive transportation plan which is based upon the updated comprehensive transportation policy shall be submitted to the governor and the general assembly annually on January 15." 26. Page 16, by inserting after line 29 the following: "Sec. . Section 465B.4, subsection 1, Code 1995, is amended to read as follows: 1. Funds appropriated by the general assembly. There shall be appropriated from the rebuild Iowa infrastructure fund of the state to the state department of transportation, beginning July 1, 1996, and each fiscal year thereafter, one million dollars to be used for the purposes of this chapter. Sec. 500. Section 602.8108, subsection 2, Code 1995, is amended to read as follows: 2. Except as otherwise provided, the clerk of the district court shall report and submit to the state court administrator, not later than the fifteenth day of each month, the fines and fees received during the preceding calendar month. Except as provided insubsectionsubsections 4 and 5, the state court administrator shall deposit the amounts received with the treasurer of state for deposit in the general fund of the state. The state court administrator shall report to the legislative fiscal bureau within thirty days of the beginning of each fiscal quarter the amount received during the previous quarter in the account established under this section. Sec. 501. Section 602.8108, Code 1995, is amended by adding the following new subsection: NEW SUBSECTION. 5. The state court administrator shall allocate all of the fines and fees attributable to commercial vehicle violation citations issued by motor vehicle division personnel of the state department of transportation to the treasurer of state for deposit in the road use tax fund. However, the fines and fees to be deposited under this subsection, shall not be deposited in the road use tax fund unless and until the deposit to the Iowa prison infrastructure fund provided for in section 602.8108A has been made." 27. Page 17, by striking lines 14 through 24 and inserting the following: "Sec. . STATE GENERAL FUND BUDGET INCLUSIONS. For the fiscal year beginning July 1, 1997, and each fiscal year thereafter, the department of personnel, the auditor of state, the attorney general's office, the department of inspections and appeals, the department of management, and the department of revenue and finance shall request appropriations from the general fund of the state that are currently appropriated or reimbursed from the road use tax fund, primary road fund, motor vehicle use tax receipts, or from motor fuel taxes. Sec. . SOYDIESEL DEMONSTRATION PROJECTS. 1. The state department of transportation shall conduct a soydiesel demonstration project by operating diesel-fueled vehicles with soydiesel fuel for a period of one year. For purposes of this section, "soydiesel fuel" means a mixture of diesel fuel and processed soybean oil, if at least 5 percent of the mixed fuel by volume is processed soybean oil. The department shall evaluate the performance of the vehicles, including the rate of repairs and comments from persons operating and maintaining the vehicles. 2. The department shall report the findings of the demonstration project and any recommendations to the general assembly, to the chairpersons and ranking members of the senate and house of representatives standing committees on agriculture and to the renewable fuels and coproducts advisory committee, by October 1, 1997. 3. Prior to the allocation under section 423.24, subsection 1, paragraph "b", one hundred thousand dollars shall be allocated to the state department of transportation for purposes of the demonstration project under this section. Notwithstanding section 8.33, funds allocated under this section shall remain available for expenditure until June 30, 1998. Unobligated or unencumbered funds remaining on June 30, 1998, shall be credited to the value-added agricultural products and processes financial assistance fund under section 15E.112. Sec. 200. SOYDIESEL - NONREVERSION. Notwithstanding 1994 Iowa Acts, chapter 1119, section 32, subsection 2, paragraph "d", as amended by 1995 Iowa Acts, chapter 216, section 34, moneys remaining unexpended or unobligated on June 30, 1996, shall not be credited to the value-added agricultural products and processes financial assistance fund, but shall be allocated to the state department of transportation for the purposes of continuing the soydiesel demonstration project as provided for in this Act. Sec. . VERTICAL INFRASTRUCTURE DEFINITION TASK FORCE. The department of general services shall coordinate a vertical infrastructure definition task force for the purpose of reviewing and providing recommendations to further refine the definition of vertical infrastructure as it is contained in section 8.57, subsection 5, paragraph "c". The task force shall consist of the following members: 1. The director of the department of general services or the director's designee, who shall be the chairperson of the task force. 2. A member who is a consulting engineer, appointed by the governor. 3. A representative from the association of business and industry. 4. A representative from the master builders. 5. A representative from the Iowa chapter, national electrical association. 6. A representative from Iowa state university. 7. Two members from the general assembly, who shall be the chairpersons of the joint appropriations subcommittee on transportation, infrastructure, and capitals or the chairpersons' designees. The task force shall make recommendations to the general assembly for proposed changes to the definition of vertical infrastructure by December 15, 1997. Sec. . INFRASTRUCTURE STUDY. The legislative council is requested to study the issue of creating a board to evaluate and prioritize expenditure of moneys from the rebuild Iowa infrastructure fund and to study the issue of establishing a financing mechanism to provide local governments with assistance to finance infrastructure improvements and to provide a dedicated funding stream to be allocated to the rebuild Iowa infrastructure fund. The purpose of the study is to provide recommendations regarding members of the board and a process for determining expenditures and to recommend a financing mechanism and a dedicated funding source to provide infrastructure assistance to local governments. Consideration shall be given to providing for the participation of the department of general services, the department of management, and the Iowa state university of science and technology's department of construction engineering in the study. Results of the study shall be provided to the legislative council by January 31, 1997. Sec. . LOCAL INFRASTRUCTURE, BONDING AND STATE FINANCIAL ASSISTANCE NEEDS INTERIM STUDY. The legislative council is requested to establish an interim committee to study the issue of local infrastructure and associated bonding and state financial assistance needs. The committee shall assess the state of local infrastructure and the resources which local governments have available to assist in providing for long-term infrastructure needs including a study of the approval requirements for local bond referendums. Sec. . STATE GOVERNMENT - SPACE ALLOCATION STUDY. The department of general services, in consultation with the department of management, and the legislative council shall study and make an assessment of the space allocation needs for all state agencies and entities in all areas of state government. The study shall make a determination of the feasibility of eliminating or reducing leased office space and of relocating various areas of state government outside of the Des Moines metropolitan area. The goal of this relocation effort shall be to provide at least fifty percent of the projected off-complex space needs in areas located outside of the Des Moines metropolitan area. The relocation shall only be considered in areas that would provide connections with the Iowa communications network. The fifty-percent relocation calculation shall not include the state department of transportation complex located in Ames. Sec. . REBUILD IOWA INFRASTRUCTURE FUND - CONTINGENCY APPROPRIATION. If the rebuild Iowa infrastructure fund does not receive an appropriation from the operation of section 8.57, subsection 5, paragraph "e", in an amount equivalent to at least $48,400,000, for the fiscal year beginning July 1, 1996, and ending June 30, 1997, moneys in an amount equivalent to the difference shall be appropriated from the moneys transferred to the general fund of the state pursuant to section 8.55, subsection 2, for the fiscal year beginning July 1, 1996. Sec. . LEGISLATIVE FISCAL BUREAU ESTIMATES. The legislative fiscal bureau shall provide yearly estimates of the annual operating costs for operation of proposed buildings to be constructed from funds provided from the rebuild Iowa infrastructure fund. The estimates shall be presented to the legislative fiscal committee and to the joint appropriations subcommittee on transportation, infrastructure, and capitals. Sec. . ACCESS IOWA HIGHWAYS - INTENT - REPORT. 1. INTENT. It is the intent of the general assembly to formulate an access Iowa plan which shall designate portions of the commercial and industrial network of highways as access Iowa highways. The goal of the access Iowa plan shall be to enhance the existing Iowa economy and ensure its continuing development and growth in the national and global competitive marketplace by providing for early completion of the construction of the most important portions of the Iowa highway system. These portions of the system shall be those that are essential for support of intrastate transportation and commerce and essential for ensuring Iowans direct access to the nation's system of interstate highways and transportation services. The general assembly's past actions are consistent with the access Iowa plan. The general assembly has set general policy guidelines for the state transportation commission's planning and programming development, directed that road service be equalized throughout the state, determined that a commercial and industrial network of highways would benefit Iowa transportation services, directed the commission to focus at least part of their legislatively provided resources on the commercial and industrial network, and directed that the commission consider equalization of accessibility for economic development as one of the factors in establishing its plan and program priorities for the commercial and industrial network. These actions recognize that interstate commerce and national economic development are furthered and supported by the national system of interstate and defense highways and the national highway system, and that Iowa commerce and economic development are supported by Iowa's commercial and industrial network of highways. 2. ACCESS IOWA HIGHWAY DESIGNATION. The state department of transportation shall designate portions of the commercial and industrial network of highways as access Iowa highways and shall expedite and accelerate development of access Iowa highways. When designating those portions of the commercial and industrial network as access Iowa highways, the department shall consider the direct and priority linkages between economic centers within the state with populations of 20,000 or more and the enhancement of intrastate mobility and Iowa regional accessibility and national accessibility. 3. REPORT. The state department of transportation shall provide a report to the general assembly by January 15, 1997, designating which portions of the commercial and industrial network of highways the department determines to be access Iowa highways. The department shall list the highway improvements necessary to provide modern and safe four-lane highway service on access Iowa highways. The report shall include program changes and options needed to enable the early, rapid, expedited, and accelerated completion of the development of access Iowa highways, including funding and other support necessary to ensure the early completion of the construction of the access Iowa highways. DIVISION IV PHYSICAL INFRASTRUCTURE ASSISTANCE PROGRAM Sec. . NEW SECTION. 15E.175 PHYSICAL INFRASTRUCTURE ASSISTANCE PROGRAM. 1. The Iowa department of economic development shall establish a physical infrastructure financial assistance program to provide financial assistance for business or community physical infrastructure development or redevelopment projects. Physical infrastructure projects that create the necessary infrastructure for economic success throughout Iowa, that provide the opportunity for the creation of quality, highwage jobs, and that involve substantial capital investment may be eligible for financial assistance under the program provided, however, that the project could not be assisted through or eligible for financial assistance from other existing private, local, or state funds or programs. Physical infrastructure development or redevelopment projects include, but are not limited to, projects involving any mode of transportation infrastructure, public works and utilities such as sewer, water, power or telecommunications, physical improvements which mitigate, prevent or eliminate environmental contaminants, and any other project deemed appropriate by the department. 2. A physical infrastructure assistance fund is created within the state treasury under the control of the Iowa department of economic development. a. The fund shall include any moneys appropriated to the fund by the general assembly, payments of interest earned, recaptures of awards, repayments of moneys loaned or expended from the physical infrastructure assistance program, and any other moneys designated by the department for placement in the fund. b. The fund shall be used for the following: (1) To provide reimbursement to the department of natural resources for activities related to physical infrastructure assistance projects under this section. (2) To provide financial assistance for qualifying projects. (3) To provide funding for any other purpose consistent with this section and deemed appropriate by the department. c. Section 8.33 shall not apply to the physical infrastructure assistance fund. Notwithstanding section 12C.7, interest earned on moneys in the fund shall be credited to the fund. 3. The department shall establish procedures and guidelines for the physical infrastructure assistance program and shall proceed in accordance with the following: a. Consult with and coordinate with the state department of transportation, the department of natural resources, and any other appropriate state agency which is responsible for the development or redevelopment of physical infrastructure in this state to ensure that activities conducted pursuant to this section are consistent with the policies and plans of other state agencies and are coordinated with other physical infrastructure projects. b. Provide financial assistance in the form of a loan, forgivable loan, loan guarantee, cost-share, indemnification of costs, or any combination of financial assistance deemed by the department to be most efficient in facilitating the physical infrastructure project. c. Enter into contracts and to sue and be sued. However, the department shall not in any manner directly or indirectly pledge the credit of the state of Iowa. d. Authorize payment of costs, commissions, attorney fees, consultant fees, and other reasonable expenses from the fund. Expenses may include costs relating to carrying out the duties necessary for insuring or guaranteeing loans, co-sharing or indemnifying costs under the physical infrastructure financial assistance program, and for the recovery of loans insured or guaranteed, costs co-shared or indemnified, or the management of property acquired in connection with such loans or costs. e. Adopt administrative rules necessary to carry out the provisions of this section. Sec. . NEW SECTION. 455B.433 PHYSICAL INFRASTRUCTURE ASSISTANCE - FUNDING - LIABILITY. 1. The department of natural resources shall work in conjunction with the Iowa department of economic development to identify environmentally contaminated sites which qualify for the physical infrastructure assistance program under section 15E.175. The department shall provide an assessment of the site and shall provide any emergency response activities which the department deems necessary. The department may take any further action, including remediation of the site, that the department deems to be appropriate and which promotes the pur poses of the physical infrastructure assistance program. 2. The department shall be reimbursed from the physical infrastructure assistance fund under section 15E.175 for any costs incurred pursuant to this section. Notwithstanding the limitations of chapter 455G, any costs incurred on a site contaminated by a leaking underground storage tank may be reimbursed from the Iowa comprehensive petroleum underground storage tank fund. 3. A person shall not have standing pursuant to section 455B.111 to commence a citizen suit which is based upon property that is part of the physical infrastructure assistance program pursuant to section 15E.175. Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the Iowa department of economic development for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be deposited in the physical infrastructure assistance fund created in section 15E.175: $ 2,000,000 Sec. . There is appropriated from the rebuild Iowa infrastructure fund of the state to the Iowa department of economic development for the fiscal years beginning July 1, 1996, and ending June 30, 1998, the following amounts, or so much thereof as is necessary, to be deposited in the physical infrastructure assistance fund created in section 15E.175 and used only in accordance with subsection 3: 1. For the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount: $ 3,900,000 2. For the fiscal year beginning July 1, 1997, and ending June 30, 1998, the following amount: $ 6,100,000 3. The moneys appropriated in this section shall be used only for providing assistance in the form of loan guarantees, irrevocable letters of credit, and indemnification for liability agreements entered into prior to October 15, 1996. Moneys appropriated in this section shall not be allocated by the Iowa department of economic development unless the legislative fiscal committee has approved the allocation. Sec. . Notwithstanding the allocation of moneys pursuant to section 455B.423, subsection 2, the first two hundred thousand dollars of moneys allocated to the hazardous substance remedial fund for the fiscal year beginning July 1, 1996, and ending June 30, 1997, shall be transferred to the physical infrastructure assistance fund created under section 15E.175. DIVISION V Sec. . Section 232.52, subsection 2, paragraph a, subparagraph (4), Code Supplement 1995, is amended to read as follows: (4) The suspension or revocation of the motor vehicle license or operating privilege of the child, for a period of one year, for the commission ofone or moredelinquent acts which are a violation ofsectionany of the following: (a) Section 123.46, section. (b) Section 123.47 regarding the purchase or attempt to purchase of alcoholic beverages, or chapter. (c) Chapter 124, or two. (d) Section 126.3. (e) Chapter 453B. (f) Two or moredelinquent acts which are a violationviolations of section 123.47 regarding the possession of alcoholic beveragesfor a period of one year. SUBPARAGRAPH DIVIDED. The child may be issued a temporary restricted license or school license if the child is otherwise eligible. Sec. . Section 321.205, unnumbered paragraph 2, Code 1995, is amended by striking the paragraph. Sec. . Section 321.209, subsection 8, Code 1995, is amended by striking the subsection. Sec. . Section 321.212, subsection 1, paragraph d, Code 1995, is amended to read as follows: d. The department shall revoke a motor vehicle licenseundersection 321.209, subsection 8,according to an order issued pursuant to section 901.5, subsection 10, for one hundred eighty days. If the person has not been issued a motor vehicle license, the issuance of a motor vehicle license shall be delayed for one hundred eighty days after the person is first eligible. If the person's operating privileges have been suspended or revoked at the time the person is convicted, the one-hundred-eighty-day revocation period shall not begin until all other suspensions or revocations have terminated. Sec. . Section 321.213, Code Supplement 1995, is amended to read as follows: 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO VIOLATIONS BY JUVENILE DRIVERS. Upon the entering ofana dispositional orderat theconclusion of an adjudicatory hearingsuspending or revoking the motor vehicle license or operating privileges of the juvenile under section232.47 that the child violated aprovision of this chapter or chapter 124, 126, 321A, 321J, or453B for which the penalty is greater than a simplemisdemeanor232.52, subsection 2, paragraph "a", the clerk of the juvenile courtin the adjudicatory hearingshall forward a copy of the adjudication and the dispositional order to the department. Notwithstanding section 232.55, a final adjudication in a juvenile court that the child violated a provision of this chapter, chapter 124, a drug offense undersection 126.3,or chapter 321A,or 321J, or 453Bconstitutes a final conviction for purposes of section 321.189, subsection 8, paragraph "b", and sections 321.193, 321.194, 321.200, 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3, and 321J.4.However, suspensions for violations ofchapter 124, section 126.3, or chapter 453B shall be inaccordance with section 321.213A.Sec. . Section 321.213A, Code Supplement 1995, as amended by 1996 Iowa Acts, Senate File 2080, section 20, is amended to read as follows: 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. Upon the entering ofana dispositional orderat theconclusion of a dispositional hearing under section 232.50,where the child has been adjudicated to have committed adelinquent act, which would be a first or subsequent violationof section 123.46, section 123.47 involving the purchase orattempt to purchase alcoholic beverages, chapter 124, section 126.3, chapter 453B, or asecond or subsequent violation of section 123.47 regarding thepossession of alcoholic beverages,under section 232.52, subsection 2, paragraph "a", the clerk of the juvenile courtin the dispositional hearingshall forward a copy of the adjudication and the dispositional order suspending or revoking the motor vehicle license or operating privileges of the juvenile to the department. The department shall suspend the license or operating privilege of the child for one year. The child may receive a temporary restricted license or permit, if eligible, as provided in section 321.215. Sec. . Section 321.215, subsection 1, unnumbered paragraph 2, Code Supplement 1995, is amended to read as follows: However, a temporary restricted license shall not be issued to a person whose license is revokedunder section 321.205 for adrug or drug-related offense orpursuant to a court order issued under section 901.5, subsection 10, or under section 321.209, subsections 1 through 5 or subsection 7,or 8or to a juvenile whose license has been suspendedundersection 321.213Aor revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph "a", for a violation of chapter 124 or 453B, or section 126.3. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure. Sec. . Section 321.215, subsection 2, unnumbered paragraph 1, Code Supplement 1995, as amended by 1996 Iowa Acts, Senate File 2266, section 17, is amended to read as follows: Upon conviction and the suspension or revocation of a person's motor vehicle license under section321.205 for a drug ordrug-related offense;321.209, subsection 5,or 6,or 8; section 321.210; 321.210A; or 321.513; or upon revocation pursuant to a court order issued under section 901.5, subsection 10; or upon the denial of issuance of a motor vehicle license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph "c", or section 321.555, subsection 2; or a juvenile, whose license has been suspendedunder section 321.213Aor revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph "a", for a violation of chapter 124 or 453B, or section 126.3, a person may petition the district court having jurisdiction for the residence of the person for a temporary restricted permit to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The petition shall include a current certified copy of the petitioner's official driving record issued by the department. The application may be granted only if all of the following criteria are satisfied: Sec. . Section 321.215, subsection 2, paragraph d, Code Supplement 1995, is amended to read as follows: d. Proof of financial responsibility is established as defined in chapter 321A. However, such proof is not required if the motor vehicle license was suspended under section 321.210A or 321.513 or revokedunder section 321.209, subsection 8, orsuspended or revoked under section 321.205 for a drug ordrug-related offensepursuant to a court order issued under section 901.5, subsection 10. Sec. . Section 321.491, unnumbered paragraph 7, Code 1995, is amended by striking the paragraph. Sec. . Section 321A.17, subsection 5, Code Supplement 1995, is amended to read as follows: 5. An individual applying for a motor vehicle license following a period of suspension or revocationunder section 321.205 fora drug or drug-related offense, section 321.209, subsection 8,pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph "a", or under section 321.210, subsection 1, paragraph "d", or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension under section 321.194, or following a period of revocation pursuant to a court order issued under section 901.5, subsection 10, or under section 321J.2A, is not required to maintain proof of financial responsibility under this section. Sec. . Section 901.5, Code 1995, is amended by adding the following new subsection: NEW SUBSECTION. 10. In addition to any sentence imposed pursuant to chapter 902 or 903, the court shall order the state department of transportation to revoke the defendant's driver's license or motor vehicle operating privilege for a period of one hundred eighty days, or to delay the issuance of a motor vehicle license for one hundred eighty days after the person is first eligible if the defendant has not been issued a motor vehicle license, and shall send a copy of the order in addition to the notice of conviction required under section 124.412, 126.26, or 453B.16, to the state department of transportation, if the defendant is being sentenced for any of the following offenses: a. A controlled substance offense under section 124.401, 124.401A, 124.402, or 124.403. b. A drug or drug-related offense under section 126.3. c. A controlled substance tax offense under chapter 453B. If the person's operating privileges are suspended or revoked at the time of sentencing, the order shall provide that the one hundred eighty-day revocation period shall not begin until all other suspensions or revocations have terminated. Any order under this section shall also provide that the department shall not issue a temporary restricted license to the defendant during the revocation period, without further order by the court. Sec. . EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION VI Sec. . REPEAL. Section 312.2A, Code 1995, is repealed. Sec. . RETROACTIVITY, EFFECTIVE DATE, AND APPLICABILITY PROVISIONS. 1. Sections 50, 51, and 200 of this Act, being deemed of immediate importance, take effect upon enactment. 2. Section 300 of this Act, takes effect July 1, 1997. 3. Section 400 of this Act, amending section 8.57, subsection 5, Code Supplement 1995, by adding new paragraph "e", being deemed of immediate importance, takes effect upon enactment and applies retroactively to July 1, 1995. 4. Sections 500 and 501 of this Act amending section 602.8108 are effective July 1, 1997." 28. Page 17, line 25, by striking the words and figures "13, subsection 3, and". 29. Page 17, by striking line 26 and inserting the following: "25, being deemed of immediate importance, takes effect upon enactment." 30. Title page, by striking lines 5 and 6 and inserting the following: "rebuild Iowa infrastructure fund, providing for certain procedures for revocation or suspension of drivers' licenses for certain drug-related offenses, construction projects for the". 31. By renumbering as necessary. ON THE PART OF THE HOUSE ON THE PART OF THE SENATE DAVID MILLAGE, Chair ROD HALVORSON, Chair CLYDE BRADLEY MICHAEL GRONSTAL BARRY BRAUNS JOHN JENSEN DENNIS COHOON LARRY MURPHY STEVE WARNSTADT Warnstadt of Woodbury rose on a point of order in invoked rule 39A, relating to consideration of conference committee reports. The Speaker ruled the point well taken and the conference committee report on House File 2421 not in order. Millage of Scott asked for unanimous consent to consider the conference committee report on House File 2421. Objection was raised. Millage of Scott moved to consider the conference committee report on House File 2421. A non-record roll call was requested. The ayes were 51, nays 29. The motion prevailed and the House considered the conference committee report on House File 2421. On motion by Millage of Scott, the conference committee report was adopted. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2421) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Disney Doderer Drake Drees Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 3: Brunkhorst Fallon Moreland Absent or not voting, 7: Boddicker Brammer Dinkla Eddie Mertz Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2421 be immediately messaged to the Senate. HOUSE RECEDES Blodgett of Cerro Gordo called up for consideration Senate File 2140, a bill for an act increasing the speed limit on certain highways, requiring a report on safety in construction zones, and providing an effective date, and moved that the House recede from its amendment. The motion prevailed and the House receded. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2140) The ayes were, 70: Bell Bernau Blodgett Boggess Bradley Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Disney Doderer Garman Gipp Gries Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Vande Hoef Weidman Weigel Welter Witt Van Maanen, Presiding The nays were, 20: Arnold Baker Brand Brauns Drake Drees Fallon Greiner Grubbs Grundberg Hahn Houser Hurley Klemme Millage Tyrrell Van Fossen Veenstra Warnstadt Wise Absent or not voting, 10: Boddicker Brammer Corbett, Spkr. Dinkla Eddie Ertl Greig Mertz Myers Salton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2140 be immediately messaged to the Senate. SPONSOR ADDED (House Resolution 111) Brand of Benton requested to be added as a sponsor of House Resolution 111. EXPLANATION OF VOTE I was temporarily absent from the House chamber on April 30, 1996. Had I been present, I would have voted "aye" on House File 2458. HARRISON of Scott BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill has been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this Thirtieth day of April, 1996: House File 570. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 30, 1996, he approved and transmitted to the Secretary of State the following bills: House File 476, an act eliminating the appeal period for the awarding of contracts by the purchasing division of the department of general services. House File 2153, an act relating to the reinstatement to active service of members of the statewide fire and police retirement system and the public safety peace officers' retirement, accident, and disability system upon denial of disability benefits. Senate File 2351, an act relating to department of economic development programs, including the workforce development fund program and the Iowa small business new jobs training Act, providing a supplemental new jobs credit from withholding, making an annual allocation from an appropriation, and establishing an effective date. Senate File 2357, an act relating to school finance providing for an increase in the amount certified for levy in excess of that previously authorized for bonded indebtedness repayment. Senate File 2366, an act relating to lease-purchase agreements. Senate File 2399, an act relating to child protection system provisions involving the child abuse assessment pilot projects administered by the department of human services and certain multidisciplinary teams, and providing an effective date. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1996\551 Daphen and Harold Prough, Chariton - For celebrating their Fiftieth wedding anniversary. 1996\552 Timothy Rummer, Corning Community School, Corning - For being named to the Des Moines Register's 1996 Academic All State Team. 1996\553 Corning Main Street, Corning - For being named a semi-finalist in the Great American Main Street Award Competition. 1996\554 Shirley Hatcher, Council Bluffs - For receiving the Harry C. Voss Award, recognizing people who have made community volunteering a way of life. 1996\555 Ethel and John Bern, Sioux City - For celebrating their Fiftieth wedding anniversary. 1996\556 CAL 5th Grade, Latimer - For their completion of the DARE Program. 1996\557 Sheffield-Chapin 5th Grade, Sheffield - For their completion of the DARE Program. 1996\558 Ida May Ridinger, Wayland - For celebrating her One hundredth birthday. 1996\559 Jade Bettin, Odebolt-Arthur Community School - For being selected the Iowa 5th Congressional District Show Winner of Art to be displayed in the U. S. Capitol. 1996\560 John Cousins, Low Moor - For celebrating his Eightieth birthday. 1996\561 Beverly and Leroy Mensinger, Camanche - For celebrating their Fiftieth wedding anniversary. 1996\562 Angela and Clair Hindman, Newton - For celebrating their Fiftieth wedding anniversary. 1996\563 Emily Pearson, Dubuque - For being selected a Northeast Regional Winner for the Des Moines Register's 1996 Academic All State Team. 1996\564 Sarah Vicker, Creston - For being selected a Southwest Regional Winner for the Des Moines Register's 1996 Academic All State Team. 1996\565 Anthony Fischer, Neola - For being selected a Southwest Regional Winner for the Des Moines Register's 1996 Academic All State Team. 1996\566 Scotty Christofferson, Exira - For being selected a Southwest Regional Winner for the Des Moines Register's 1996 Academic All State Team. 1996\567 Brian Young, Clinton - For being selected a Southeast Regional Winner for the Des Moines Register's 1996 Academic All State Team. 1996\568 Elizabeth Laughlin, North Hills Elementary School, Burlington - For receiving an Excellence in Science Teaching Award. 1996\569 Nadine Weirather, Central Lee Junior High - For receiving an Excellence in Science Teaching Award from the Iowa Academy of Science. RESOLUTIONS FILED HCR 130, by Weigel, a concurrent resolution declaring Miss Iowa USA an official hostess for the State of Iowa. Laid over under Rule 25. HCR 131, by Shoultz, a concurrent resolution requesting that the Legislative Council appoint an interim study committee relating to family law issues. Referred to committee on judiciary. HR 113, by Harrison, Van Fossen, Martin, Myers, Jacobs, Bradley and Grubbs, a resolution designating motorcycle awareness month in Iowa. Laid over under Rule 25. SCR 106, by Freeman, a concurrent resolution commemorating the veterans of the United States armed forces who fought and won the Battle of the Bulge during World War II. Laid over under Rule 25. AMENDMENTS FILED H_6056 S.F. 2265 Hurley of Fayette Lamberti of Polk Doderer of Johnson H_6058 H.F. 560 Vande Hoef of Osceola H_6059 S.F. 454 Carroll of Poweshiek Witt of Black Hawk Martin of Scott On motion by Siegrist of Pottawattamie, the House adjourned at 9:07 p.m., until 9:00 a.m., Wednesday, May 1, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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