Text: HF00758 Text: HF00760 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 759 1 2 1 3 AN ACT 1 4 RELATING TO PUBLIC FUNDING AND REGULATORY MATTERS AND MAKING 1 5 AND REDUCING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING 1 6 JULY 1, 2001, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY 1 7 PROVISIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 DIVISION I 1 12 EXECUTIVE BRANCH 1 13 Section 1. STANDING APPROPRIATIONS. After applying the 1 14 reduction made pursuant to executive order number 24 to the 1 15 appropriations for the following designated purposes, there is 1 16 appropriated from the general fund of the state for the fiscal 1 17 year beginning July 1, 2001, and ending June 30, 2002, the 1 18 following amounts, or so much thereof as is necessary, to 1 19 supplement the appropriations for the following designated 1 20 purposes: 1 21 1. For the endowment for Iowa's health account of the 1 22 tobacco settlement trust fund in 2001 Iowa Acts, chapter 174, 1 23 section 1, subsection 2, unnumbered paragraph 2: 1 24 .................................................. $ 311,664 1 25 2. For payment of claims against the state by the state 1 26 appeals board in sections 25.2 and 669.11: 1 27 .................................................. $ 236,500 1 28 3. For performance of duty by the executive council in 1 29 sections 7D.29, 18.12, and 29C.20: 1 30 .................................................. $ 64,500 1 31 4. For payment of expenses, compensation, and claims 1 32 incurred by members of the national guard while on active duty 1 33 in section 29A.29: 1 34 .................................................. $ 4,730 1 35 5. For the secretary of state's administration of absentee 2 1 ballots for Iowa residents serving in the armed forces in 2 2 section 53.50: 2 3 .................................................. $ 151 2 4 6. For state unemployment compensation administration 2 5 under chapter 96: 2 6 .................................................. $ 15,179 2 7 7. For the Iowa early intervention block grant program in 2 8 section 256D.5, subsection 1: 2 9 .................................................. $ 1,290,000 2 10 8. For instructional support state aid to school districts 2 11 in section 257.20: 2 12 .................................................. $ 636,324 2 13 9. For tuition grants in section 261.25, subsection 1: 2 14 .................................................. $ 425,000 2 15 10. For child development grants and other programs for 2 16 at-risk children in section 279.51: 2 17 .................................................. $ 497,080 2 18 11. For educational excellence in section 294A.25, 2 19 including the distributions required by that section, as 2 20 amended by 2001 Iowa Acts, chapter 181, sections 21, 22, and 2 21 24: 2 22 .................................................. $ 3,478,327 2 23 12. For school improvement technology in section 256D.5, 2 24 subsection 2: 2 25 .................................................. $ 430,000 2 26 13. For the property tax relief fund in section 426B.1: 2 27 .................................................. $ 4,085,000 2 28 14. For payment of costs associated with extradition of 2 29 criminals in section 820.24: 2 30 .................................................. $ 172 2 31 Sec. 2. ICN DEBT SERVICE. After applying the reduction 2 32 made pursuant to executive order number 24 to the 2 33 appropriation made for the following designated purpose, there 2 34 is appropriated from the general fund of the state to the 2 35 treasurer of state for the fiscal year beginning July 1, 2001, 3 1 and ending June 30, 2002, the following amount, or so much 3 2 thereof as is necessary, to supplement the appropriation for 3 3 the following designated purpose: 3 4 For Iowa communications network debt service in 2001 Iowa 3 5 Acts, chapter 176, section 21: 3 6 .................................................. $ 427,384 3 7 Sec. 3. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. 3 8 After applying the reduction made pursuant to executive order 3 9 number 24 to the appropriation made for the following 3 10 designated purpose, there is appropriated from the general 3 11 fund of the state to the college student aid commission for 3 12 the fiscal year beginning July 1, 2001, and ending June 30, 3 13 2002, the following amount, or so much thereof as is 3 14 necessary, to supplement the appropriation for the following 3 15 designated purpose: 3 16 For the national guard educational assistance program in 3 17 2001 Iowa Acts, chapter 181, section 1, subsection 6: 3 18 .................................................. $ 50,525 3 19 Sec. 4. COMMUNITY COLLEGES. After applying the reduction 3 20 made pursuant to executive order number 24 to the 3 21 appropriation made for community colleges, there is 3 22 appropriated from the general fund of the state to the 3 23 department of education for the fiscal year beginning July 1, 3 24 2001, and ending June 30, 2002, the following amount, or so 3 25 much thereof as is necessary, to supplement the following 3 26 appropriation: 3 27 To supplement the appropriation made in 2001 Iowa Acts, 3 28 chapter 181, section 6, subsection 14, for general state 3 29 financial aid, including general financial aid to merged areas 3 30 in lieu of personal property tax replacement payments, to 3 31 merged areas as defined in section 260C.2, for vocational 3 32 education programs in accordance with chapters 258 and 260C: 3 33 .................................................. $ 1,000,000 3 34 The appropriation made in this section shall be distributed 3 35 among the merged areas listed in 2001 Iowa Acts, chapter 181, 4 1 section 6, subsection 14, in proportion to the amount that 4 2 each original allocation bears to the total amount originally 4 3 appropriated in the subsection. 4 4 Sec. 5. STATE BOARD OF REGENTS. After applying the 4 5 reduction made pursuant to executive order number 24 to the 4 6 appropriations for the following designated purposes, there is 4 7 appropriated from the general fund of the state to the state 4 8 board of regents for the fiscal year beginning July 1, 2001, 4 9 and ending June 30, 2002, the following amounts, or so much 4 10 thereof as is necessary, to supplement the appropriations for 4 11 the following designated purposes: 4 12 1. For payments in lieu of tuition in 2001 Iowa Acts, 4 13 chapter 176, section 19: 4 14 .................................................. $ 1,121,500 4 15 2. For the state university of Iowa state hygienic 4 16 laboratory in 2001 Iowa Acts, chapter 181, section 8, 4 17 subsection 2, paragraph "f": 4 18 .................................................. $ 178,821 4 19 3. For the state school for the deaf in 2001 Iowa Acts, 4 20 chapter 181, section 8, subsection 5: 4 21 .................................................. $ 341,872 4 22 4. For the Iowa braille and sight saving school in 2001 4 23 Iowa Acts, chapter 181, section 8, subsection 6: 4 24 .................................................. $ 191,605 4 25 Sec. 6. IOWA VETERANS HOME. After applying the reduction 4 26 made pursuant to executive order number 24 to the 4 27 appropriation made for the following designated purpose, there 4 28 is appropriated from the general fund of the state to the 4 29 commission of veterans affairs for the fiscal year beginning 4 30 July 1, 2001, and ending June 30, 2002, the following amount, 4 31 or so much thereof as is necessary, to supplement the 4 32 appropriation for the following designated purpose: 4 33 For the Iowa veterans home in 2001 Iowa Acts, chapter 182, 4 34 section 7, subsection 2: 4 35 .................................................. $ 2,123,563 5 1 Sec. 7. DEPARTMENT OF CORRECTIONS. After applying the 5 2 reduction made pursuant to executive order number 24 to the 5 3 appropriations for the following designated purposes, there is 5 4 appropriated from the general fund of the state to the 5 5 department of corrections for the fiscal year beginning July 5 6 1, 2001, and ending June 30, 2002, the following amounts, or 5 7 so much thereof as is necessary, to supplement the 5 8 appropriations for the following designated purposes: 5 9 1. For the operation of adult correctional institutions in 5 10 2001 Iowa Acts, chapter 186, section 4, subsection 1, to be 5 11 allocated as follows: 5 12 a. For the operation of the Fort Madison correctional 5 13 facility in 2001 Iowa Acts, chapter 186, section 4, subsection 5 14 1, paragraph "a": 5 15 .................................................. $ 467,922 5 16 b. For the operation of the Anamosa correctional facility 5 17 in 2001 Iowa Acts, chapter 186, section 4, subsection 1, 5 18 paragraph "b": 5 19 .................................................. $ 383,705 5 20 c. For the operation of the Clarinda correctional facility 5 21 in 2001 Iowa Acts, chapter 186, section 4, subsection 1, 5 22 paragraph "g": 5 23 .................................................. $ 645,379 5 24 d. For restoring the bed capacity, including the 5 25 associated correctional officer positions, other essential 5 26 positions, authorized programs, and authorized services such 5 27 as treatment, medical, maintenance, and food service that were 5 28 reduced from the quantity of beds, programs, and services 5 29 funded and authorized as of July 1, 2001, in 2001 Iowa Acts, 5 30 chapter 186, section 4, subsection 1: 5 31 .................................................. $ 362,875 5 32 2. For reimbursement of counties for certain confinement 5 33 costs in 2001 Iowa Acts, chapter 186, section 4, subsection 1: 5 34 .................................................. $ 30,119 5 35 3. For the judicial district departments of correctional 6 1 services in 2001 Iowa Acts, chapter 186, section 6, subsection 6 2 1, for restoring the quantity of probation, parole, and 6 3 residential officer positions funded and authorized as of July 6 4 1, 2001, including restoring as many of the beds and programs 6 5 that were reduced from the quantity funded and authorized as 6 6 of July 1, 2001: 6 7 .................................................. $ 1,110,000 6 8 Sec. 8. IOWA LAW ENFORCEMENT ACADEMY. After applying the 6 9 reduction made pursuant to executive order number 24 to the 6 10 appropriation made for the following designated purpose, there 6 11 is appropriated from the general fund of the state to the Iowa 6 12 law enforcement academy for the fiscal year beginning July 1, 6 13 2001, and ending June 30, 2002, the following amount, or so 6 14 much thereof as is necessary, to supplement the appropriation 6 15 for the following designated purpose: 6 16 For the Iowa law enforcement academy in 2001 Iowa Acts, 6 17 chapter 186, section 10: 6 18 .................................................. $ 59,500 6 19 Sec. 9. DEPARTMENT OF PUBLIC DEFENSE. After applying the 6 20 reduction made pursuant to executive order number 24 to the 6 21 appropriations for the following designated purposes, there is 6 22 appropriated from the general fund of the state to the 6 23 department of public defense for the fiscal year beginning 6 24 July 1, 2001, and ending June 30, 2002, the following amounts, 6 25 or so much thereof as is necessary, to supplement the 6 26 appropriations for the following designated purposes: 6 27 1. For the military division in 2001 Iowa Acts, chapter 6 28 186, section 12, subsection 1: 6 29 .................................................. $ 238,088 6 30 2. For the emergency management division in 2001 Iowa 6 31 Acts, chapter 186, section 12, subsection 2: 6 32 .................................................. $ 46,383 6 33 Sec. 10. DEPARTMENT OF PUBLIC SAFETY. After applying the 6 34 reduction made pursuant to executive order number 24 to the 6 35 appropriations for the following designated purposes, there is 7 1 appropriated from the general fund of the state to the 7 2 department of public safety for the fiscal year beginning July 7 3 1, 2001, and ending June 30, 2002, the following amounts, or 7 4 so much thereof as is necessary, to supplement the 7 5 appropriations for the following designated purposes: 7 6 1. For the department's administrative functions in 2001 7 7 Iowa Acts, chapter 186, section 13, subsection 1: 7 8 .................................................. $ 109,710 7 9 2. For the division of criminal investigation and bureau 7 10 of identification in 2001 Iowa Acts, chapter 186, section 13, 7 11 subsection 2: 7 12 .................................................. $ 542,099 7 13 3. For the division of narcotics enforcement in 2001 Iowa 7 14 Acts, chapter 186, section 13, subsection 3, paragraph "a": 7 15 .................................................. $ 155,587 7 16 4. For the division of narcotics enforcement for 7 17 undercover enforcement in 2001 Iowa Acts, chapter 186, section 7 18 13, subsection 3, paragraph "b": 7 19 .................................................. $ 5,582 7 20 5. For the state fire marshal's office in 2001 Iowa Acts, 7 21 chapter 186, section 13, subsection 4, paragraph "a": 7 22 .................................................. $ 81,489 7 23 6. For the state fire marshal's office for fire protection 7 24 services in 2001 Iowa Acts, chapter 186, section 13, 7 25 subsection 4, paragraph "b": 7 26 .................................................. $ 26,184 7 27 7. For the capitol police division in 2001 Iowa Acts, 7 28 chapter 186, section 13, subsection 5: 7 29 .................................................. $ 56,914 7 30 8. For the division of the Iowa state patrol in 2001 Iowa 7 31 Acts, chapter 186, section 13, subsection 6: 7 32 .................................................. $ 1,652,907 7 33 9. For costs associated with the maintenance of the 7 34 automated fingerprint information system (AFIS) in 2001 Iowa 7 35 Acts, chapter 186, section 13, subsection 7: 8 1 .................................................. $ 10,309 8 2 10. For deposit in the public safety law enforcement sick- 8 3 leave benefit fund established under section 80.42 in 2001 8 4 Iowa Acts, chapter 186, section 13, subsection 8: 8 5 .................................................. $ 12,390 8 6 11. For costs associated with the training and equipment 8 7 needs of volunteer fire fighters in 2001 Iowa Acts, chapter 8 8 186, section 13, subsection 10: 8 9 .................................................. $ 24,795 8 10 Notwithstanding section 8.33, moneys appropriated in this 8 11 subsection that remain unencumbered or unobligated at the 8 12 close of the fiscal year shall not revert but shall remain 8 13 available for expenditure for the purposes designated until 8 14 the close of the succeeding fiscal year. 8 15 Sec. 11. DEPARTMENT OF GENERAL SERVICES. After applying 8 16 the reduction made pursuant to executive order number 24 to 8 17 the appropriations made for the following designated purposes, 8 18 there is appropriated from the general fund of the state to 8 19 the department of general services for the fiscal year 8 20 beginning July 1, 2001, and ending June 30, 2002, the 8 21 following amounts, or so much thereof as is necessary, to 8 22 supplement the appropriations for the following designated 8 23 purposes: 8 24 1. For rental space in 2001 Iowa Acts, chapter 187, 8 25 section 6, subsection 4: 8 26 .................................................. $ 44,243 8 27 2. For utility costs in 2001 Iowa Acts, chapter 187, 8 28 section 6, subsection 5: 8 29 .................................................. $ 94,941 8 30 Sec. 12. STATE WORKERS' COMPENSATION CLAIMS. After 8 31 applying the reduction made pursuant to executive order number 8 32 24 to the appropriation made for the following designated 8 33 purpose, there is appropriated from the general fund of the 8 34 state to the department of personnel for the fiscal year 8 35 beginning July 1, 2001, and ending June 30, 2002, the 9 1 following amount, or so much thereof as is necessary, to 9 2 supplement the appropriation for the following designated 9 3 purpose: 9 4 For distribution to state departments for funding of 9 5 premiums for paying workers' compensation claims in 2001 Iowa 9 6 Acts, chapter 187, section 20: 9 7 .................................................. $ 21,500 9 8 Sec. 13. DEPARTMENT OF HUMAN SERVICES FIELD OPERATIONS. 9 9 After applying the reduction made pursuant to executive order 9 10 number 24 for the following designated purpose, there is 9 11 appropriated from the general fund of the state to the 9 12 department of human services for the fiscal year beginning 9 13 July 1, 2001, and ending June 30, 2002, the following amount, 9 14 or so much thereof as is necessary, to supplement the 9 15 appropriation for the following designated purpose: 9 16 For field operations in 2001 Iowa Acts, chapter 191, 9 17 section 27: 9 18 .................................................. $ 3,000,000 9 19 If the federal government approves the state plan amendment 9 20 to commence, in the fiscal year beginning July 1, 2001, using 9 21 medical assistance funding for targeted case management 9 22 services for children, as submitted by the department pursuant 9 23 to 2001 Iowa Acts, chapter 191, section 28, the appropriation 9 24 made in this section is reduced in an amount equal to the net 9 25 increase in federal reimbursement received for the services. 9 26 DIVISION II 9 27 LEGISLATIVE BRANCH 9 28 Sec. 14. GENERAL ASSEMBLY. The appropriations made from 9 29 the general fund of the state in section 2.12, for the fiscal 9 30 year beginning July 1, 2001, and ending June 30, 2002, for the 9 31 expenses of the general assembly and for legislative agencies, 9 32 are reduced by the following amount: 9 33 .................................................. $ 1,079,992 9 34 Sec. 15. LEGISLATIVE PER DIEM PAYMENT. Notwithstanding 9 35 section 2.10, subsection 6, for the special session that 10 1 convenes November 8, 2001, the members of the general assembly 10 2 are not entitled to and shall not receive the sum of eighty- 10 3 six dollars per day for each day the general assembly is 10 4 actually in special session, but shall receive the same travel 10 5 allowances and expenses as authorized by section 2.10. 10 6 DIVISION III 10 7 JUDICIAL BRANCH 10 8 Sec. 16. 2001 Iowa Acts, chapter 179, section 1, 10 9 unnumbered paragraph 2, is amended to read as follows: 10 10 For salaries of supreme court justices, appellate court 10 11 judges, district court judges, district associate judges, 10 12 judicial magistrates and staff, state court administrator, 10 13 clerk of the supreme court, district court administrators, 10 14 clerks of the district court, juvenile court officers, board 10 15 of law examiners and board of examiners of shorthand reporters 10 16 and judicial qualifications commission, receipt and 10 17 disbursement of child support payments, reimbursement of the 10 18 auditor of state for expenses incurred in completing audits of 10 19 the offices of the clerks of the district court during the 10 20 fiscal year beginning July 1, 2001, and maintenance, 10 21 equipment, and miscellaneous purposes: 10 22 ..................................................$113,792,16610 23 $108,688,725 10 24 Sec. 17. 2001 Iowa Acts, chapter 179, section 2, is 10 25 amended to read as follows: 10 26 SEC. 2. JUDICIAL RETIREMENT FUND. There is appropriated 10 27 from the general fund of the state to the judicial retirement 10 28 fund for the fiscal year beginning July 1, 2001, and ending 10 29 June 30, 2002, the following amount, or so much thereof as is 10 30 necessary, to be used for the purpose designated: 10 31 Notwithstanding section 602.9104, subsection 4, paragraph 10 32 "b", for the state's contribution to the judicial retirement 10 33 fund in the amount of16.615.9 percent of the basic salaries 10 34 of the judges covered under chapter 602, article 9: 10 35 .................................................. $3,207,83411 1 3,069,897 11 2 DIVISION IV 11 3 EDUCATION-RELATED PROVISIONS 11 4 Sec. 18. AREA EDUCATION AGENCY SERVICES. 11 5 1. For the budget year beginning July 1, 2001, 11 6 notwithstanding the requirements of section 257.37 for 11 7 determining the budgets and funding of media services and 11 8 educational services, an area education agency may, within the 11 9 limits of the total of the funds provided to an area education 11 10 agency pursuant to section 257.35, expend for special 11 11 education support services an amount that exceeds the payment 11 12 for special education support services pursuant to section 11 13 257.35 in order to maintain the level of required special 11 14 education support services in the area education agency. 11 15 2. For the school budget year beginning July 1, 2001, and 11 16 ending June 30, 2002, there is appropriated from the general 11 17 fund of the state to the department of education the sum of 11 18 one hundred eighteen thousand dollars to be distributed to 11 19 area education agency XVI to supplement other moneys available 11 20 to the agency. The appropriation in this subsection is not 11 21 subject to executive order number 24. 11 22 Sec. 19. CATEGORICAL FUNDING TO SCHOOLS – FY 2001-2002. 11 23 For the school budget year beginning July 1, 2001, and ending 11 24 June 30, 2002, notwithstanding section 256.33 for educational 11 25 technology assistance, chapter 256D for the Iowa early 11 26 intervention and school improvement technology block grants, 11 27 or section 294A.25 for educational excellence phase III, the 11 28 board of directors of a school district may use the 11 29 categorical state funding identified in this section and 11 30 received by the district, for any school general fund purpose. 11 31 Sec. 20. Section 261.17, subsection 7, paragraph e, Code 11 32 2001, is amended by striking the paragraph. 11 33 DIVISION V 11 34 INTERSTATE COMPACT FOR ADULT 11 35 OFFENDERS – CORRECTIVE AMENDMENTS 12 1 Sec. 21. Section 422.7, subsection 12, paragraph c, Code 12 2 2001, as amended by 2001 Iowa Acts, chapter 15, section 1, is 12 3 amended to read as follows: 12 4 c. An individual, whether or not domiciled in this state 12 5 at the time of the hiring, who is on parole or probation and 12 6 to whom the interstate probation and parole compact under 12 7 section 907A.1, Code 2001, applies, or to whom the compact for 12 8 adult offenders under chapter 907B applies. 12 9 Sec. 22. Section 422.7, subsection 12A, paragraph b, Code 12 10 2001, as amended by 2001 Iowa Acts, chapter 15, section 2, is 12 11 amended to read as follows: 12 12 b. An individual, whether or not domiciled in this state 12 13 at the time of the hiring, who is on parole or probation and 12 14 to whom the interstate probation and parole compact under 12 15 section 907A.1, Code 2001, applies, or to whom the compact for 12 16 adult offenders under chapter 907B applies. 12 17 Sec. 23. Section 422.35, subsection 6, paragraph c, Code 12 18 2001, as amended by 2001 Iowa Acts, chapter 15, section 3, is 12 19 amended to read as follows: 12 20 c. An individual, whether or not domiciled in this state 12 21 at the time of the hiring, who is on parole or probation and 12 22 to whom the interstate probation and parole compact under 12 23 section 907A.1, Code 2001, applies, or to whom the compact for 12 24 adult offenders under chapter 907B applies. 12 25 Sec. 24. Section 422.35, subsection 6A, paragraph b, Code 12 26 2001, as amended by 2001 Iowa Acts, chapter 15, section 4, is 12 27 amended to read as follows: 12 28 b. An individual, whether or not domiciled in this state 12 29 at the time of the hiring, who is on parole or probation and 12 30 to whom the interstate probation and parole compact under 12 31 section 907A.1, Code 2001, applies, or to whom the compact for 12 32 adult offenders under chapter 907B applies. 12 33 Sec. 25. 2001 Iowa Acts, chapter 15, is amended by adding 12 34 the following new section: 12 35 NEW SECTION. SEC. 9. EFFECTIVE DATE. The effective date 13 1 of this Act shall be the later of July 1, 2002, or upon the 13 2 legislative enactment of the interstate compact for adult 13 3 offender supervision by the thirty-fifth jurisdiction. The 13 4 director of the department of corrections shall notify the 13 5 Code editor upon the enactment of the compact by the thirty- 13 6 fifth jurisdiction. The date upon which this Act takes effect 13 7 constitutes the date of renunciation of the interstate 13 8 probation and parole compact under section 907A.1, Code 2001, 13 9 by the state of Iowa, and this Act in itself shall constitute 13 10 and satisfy the six months' notice of renunciation required by 13 11 section 907A.1, Code 2001. The duties of the state of Iowa as 13 12 a renouncing state under section 907A.1, subsection 7, Code 13 13 2001, shall continue as to parolees and probationers residing 13 14 within the state of Iowa on the effective date of renunciation 13 15 until the parolees and probationers are retaken or finally 13 16 discharged by the sending state. 13 17 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 13 18 Act is retroactively applicable to July 1, 2001, and is 13 19 applicable on and after that date. 13 20 DIVISION VI 13 21 BUDGETING REFORMS 13 22 Sec. 27. Section 8.55, subsection 1, Code 2001, is amended 13 23 to read as follows: 13 24 1. The Iowa economic emergency fund is created. The fund 13 25 shall be separate from the general fund of the state and the 13 26 balance in the fund shall not be considered part of the 13 27 balance of the general fund of the state.The moneys in the13 28fund shall not revert to the general fund, notwithstanding13 29section 8.33, unless and to the extent the fund exceeds the13 30maximum balance. However, the fund shall be considered a13 31special account for the purposes of section 8.53The moneys 13 32 credited to the fund are not subject to section 8.33 and shall 13 33 not be transferred, used, obligated, appropriated, or 13 34 otherwise encumbered except as provided in this section. 13 35 Sec. 28. Section 8.55, subsection 3, Code 2001, is amended 14 1 to read as follows: 14 2 3. a.TheExcept as provided in paragraphs "b" and "c", 14 3 the moneys in the Iowa economic emergency fundmay be14 4appropriatedshall only be used pursuant to an appropriation 14 5 made by the general assembly. An appropriation shall onlyin14 6 be made for the fiscal yearforin which the appropriation is 14 7 made. The moneys shall only be appropriated by the general 14 8 assembly for emergency expenditures.However, except14 9 b. Moneys in the fund may be used for cash flow purposes 14 10 during a fiscal year provided that any moneys so allocated are 14 11 returned to the fund by the end of that fiscal year. 14 12 c. There is appropriated from the Iowa economic emergency 14 13 fund to the general fund of the state for the fiscal year in 14 14 which moneys in the fund were used for cash flow purposes, for 14 15 the purposes of reducing or preventing any overdraft on or 14 16 deficit in the general fund of the state, the amount from the 14 17 Iowa economic emergency fund that was used for cash flow 14 18 purposes pursuant to paragraph "b" and that was not returned 14 19 to the Iowa economic emergency fund by June 30 of the fiscal 14 20 year. The appropriation in this paragraph shall not exceed 14 21 fifty million dollars and is contingent upon all of the 14 22 following having occurred: 14 23 (1) The revenue estimating conference estimate of general 14 24 fund receipts made during the last quarter of the fiscal year 14 25 was or the actual fiscal year receipts and accruals were at 14 26 least one-half of one percent less than the comparable 14 27 estimate made during the third quarter of the fiscal year. 14 28 (2) The governor has implemented the uniform reductions in 14 29 appropriations required in section 8.31 as a result of 14 30 subparagraph (1) and such reduction was insufficient to 14 31 prevent an overdraft on or deficit in the general fund of the 14 32 state or the governor did not implement uniform reductions in 14 33 appropriations because of the lateness of the estimated or 14 34 actual receipts and accruals under subparagraph (1). 14 35 (3) The balance of the general fund of the state at the 15 1 end of the fiscal year prior to the appropriation made in this 15 2 paragraph was negative. 15 3 (4) The governor has issued an official proclamation and 15 4 has notified the cochairpersons of the fiscal committee of the 15 5 legislative council and the legislative fiscal bureau that the 15 6 contingencies in subparagraphs (1) through (3) have occurred 15 7 and the reasons why the uniform reductions specified in 15 8 subparagraph (2) were insufficient or were not implemented to 15 9 prevent an overdraft on or deficit in the general fund of the 15 10 state. 15 11 d. If an appropriation is made pursuant to paragraph "c" 15 12 for a fiscal year, there is appropriated from the general fund 15 13 of the state to the Iowa economic emergency fund for the 15 14 following fiscal year, the amount of the appropriation made 15 15 pursuant to paragraph "c". 15 16 e. Except as provided in section 8.58, thebalance in the15 17 Iowa economic emergency fundmay be usedshall be considered a 15 18 special account for the purposes of section 8.53 in 15 19 determining the cash position of the general fund of the state 15 20 for the payment of state obligations. 15 21 Sec. 29. Section 8.56, subsection 1, Code 2001, is amended 15 22 to read as follows: 15 23 1. A cash reserve fund is created in the state treasury. 15 24 The cash reserve fund shall be separate from the general fund 15 25 of the state and shall not be considered part of the general 15 26 fund of the state except in determining the cash position of 15 27 the state as provided in subsection 3. The moneys in the cash 15 28 reserve fund are not subject to section 8.33 and shall not be 15 29 transferred, used, obligated, appropriated, or otherwise 15 30 encumbered except as provided in this section. 15 31 Notwithstanding section 12C.7, subsection 2, interest or 15 32 earnings on moneys deposited in the cash reserve fund shall be 15 33 credited to the rebuild Iowa infrastructure fund created in 15 34 section 8.57. Moneys in the cash reserve fund may be used for 15 35 cash flow purposes during a fiscal year provided that any 16 1 moneys so allocated are returned to the cash reserve fund by 16 2 the end ofeachthat fiscal year.However, the fund shall be16 3considered a special account for the purposes of section 8.53.16 4 Sec. 30. Section 8.56, subsection 3, Code 2001, is amended 16 5 to read as follows: 16 6 3. The moneys in the cash reserve fundmayshall only be 16 7appropriatedused pursuant to an appropriation made by the 16 8 general assembly. An appropriation shall be made in 16 9 accordance with subsection 4 onlyinfor the fiscal yearfor16 10 in which the appropriation is made. The moneys shall only be 16 11 appropriated by the general assembly for nonrecurring 16 12 emergency expenditures and shall not be appropriated for 16 13 payment of any collective bargaining agreement or arbitrator's 16 14 decision negotiated or awarded under chapter 20.However,16 15exceptExcept as provided in section 8.58,the balance inthe 16 16 cash reserve fundmay be usedshall be considered a special 16 17 account for the purposes of section 8.53 in determining the 16 18 cash position of the general fund of the state for the payment 16 19 of state obligations. 16 20 Sec. 31. EFFECTIVE DATE. The provisions of this division 16 21 of this Act amending section 8.56 take effect July 1, 2002. 16 22 DIVISION VII 16 23 Sec. 32. SALES TAX EXEMPTION PER FEDERAL SALES TAX HOLIDAY 16 24 ACT. 16 25 1. a. There is hereby exempted from imposition of sales 16 26 and use tax under division IV of chapter 422 or chapter 422B, 16 27 422E, or 423, the gross receipts from the sale of tangible 16 28 personal property which receipts are otherwise taxable under 16 29 division IV of chapter 422 or chapter 422B, 422E, or 423, 16 30 contingent upon enactment of the federal Sales Tax Holiday Act 16 31 of 2001 providing one hundred percent reimbursement from the 16 32 federal government to the states for the loss of revenue from 16 33 a tax exemption for sales that take place during a period of 16 34 time specified in the federal Sales Tax Holiday Act of 2001 16 35 and providing reimbursement from the federal government for 17 1 administrative costs incurred by the department of revenue and 17 2 finance separate from the amount reimbursed for sales tax not 17 3 collected. The exemption shall be applied in the manner 17 4 prescribed by the federal Act. 17 5 b. Retailers shall be required to accurately report actual 17 6 sales made during the period of time this exemption applies 17 7 pursuant to rules adopted by the department. 17 8 c. The governor shall, not later than the date specified 17 9 in the federal Sales Tax Holiday Act of 2001, notify the 17 10 United States secretary of the treasury in writing of Iowa's 17 11 intention to qualify for reimbursement under the federal Sales 17 12 Tax Holiday Act of 2001 by not collecting applicable sales tax 17 13 during the sales tax holiday period specified in the federal 17 14 Act. 17 15 d. Notwithstanding paragraph "a", the motor vehicle lease 17 16 tax imposed under section 423.7A is not considered an exempt 17 17 sale for purposes of this section and the federal Sales Tax 17 18 Holiday Act of 2001. 17 19 e. Notwithstanding paragraph "c", if the director of 17 20 revenue and finance determines that it is not feasible to 17 21 administer a sales tax holiday in the time provided by the 17 22 federal Sales Tax Holiday Act of 2001, the director of revenue 17 23 and finance shall immediately inform the governor and the 17 24 governor may decline to send notification to the United States 17 25 secretary of the treasury. 17 26 2. The department of revenue and finance may adopt 17 27 emergency rules under section 17A.4, subsection 2, and section 17 28 17A.5, subsection 2, paragraph "b", to implement the 17 29 provisions of this section and the rules shall be effective 17 30 immediately upon filing unless a later date is specified in 17 31 the rules. Any rules adopted in accordance with this section 17 32 shall also be published as a notice of intended action as 17 33 provided in section 17A.4. 17 34 3. If any provision of this section is held invalid, the 17 35 invalidity does not affect other provisions or applications of 18 1 the section which can be given effect without the invalid 18 2 provision or application, and to this end the provisions of 18 3 this section are severable. 18 4 4. This section is repealed effective January 31, 2002. 18 5 DIVISION VIII 18 6 GENERAL PROVISIONS 18 7 Sec. 33. Section 226.1, subsection 2, Code 2001, is 18 8 amended by adding the following new paragraph after paragraph 18 9 b: 18 10 NEW PARAGRAPH. c. A unit for the civil commitment of 18 11 sexually violent predators committed to the custody of the 18 12 director of human services pursuant to chapter 229A. 18 13 Sec. 34. SEXUALLY VIOLENT PREDATORS UNIT. Of the funds 18 14 appropriated to the department of general services for the 18 15 fiscal year beginning July 1, 2001, and ending June 30, 2002, 18 16 up to $600,000 may be used for costs associated with 18 17 renovation and furnishing of space necessary to meet the 18 18 capacity needs of the department of human services unit for 18 19 the civil commitment of sexually violent predators. 18 20 Sec. 35. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS. 18 21 The department of human services may collocate the unit for 18 22 civil commitment of sexually violent predators at the mental 18 23 health institute at Mount Pleasant. 18 24 Sec. 36. EFFECT OF APPROPRIATION REDUCTIONS. The moneys 18 25 appropriated in this Act to supplement the appropriations for 18 26 the fiscal year beginning July 1, 2001, and ending June 30, 18 27 2002, are not subject to executive order number 24. 18 28 Sec. 37. EFFECTIVE DATE. Unless otherwise provided by 18 29 this Act, this Act, being deemed of immediate importance, 18 30 takes effect upon enactment. 18 31 18 32 18 33 18 34 BRENT SIEGRIST 18 35 Speaker of the House 19 1 19 2 19 3 19 4 MARY E. KRAMER 19 5 President of the Senate 19 6 19 7 I hereby certify that this bill originated in the House and 19 8 is known as House File 759, Seventy-ninth General Assembly. 19 9 19 10 19 11 19 12 MARGARET THOMSON 19 13 Chief Clerk of the House 19 14 Approved , 2001 19 15 19 16 19 17 19 18 THOMAS J. VILSACK 19 19 Governor
Text: HF00758 Text: HF00760 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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