Text: HF02622 Text: HF02624 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2623 1 2 1 3 AN ACT 1 4 RELATING TO PUBLIC FUNDING PROVISIONS INVOLVING THE COMPENSATION 1 5 AND BENEFITS FOR PUBLIC OFFICIALS AND EMPLOYEES, COUNTY 1 6 MENTAL HEALTH ALLOWED GROWTH, REGULATORY AND OTHER PROPERLY 1 7 RELATED MATTERS OF THE STATE, MAKING AND REDUCING 1 8 APPROPRIATIONS, AND PROVIDING EFFECTIVE DATES. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 DIVISION I 1 13 COMPENSATION AND BENEFITS 1 14 Section 1. 1 15 1. STATE BOARD OF REGENTS DEMUTUALIZATION PROCEEDS AND 1 16 UNDERGROUND STORAGE TANK FUND TRANSFERS. 1 17 a. The state board of regents shall transfer by June 1, 1 18 2002, to the treasurer of state for deposit in the salary 1 19 adjustment fund the sum of $30,000,000 from the proceeds 1 20 received by the state board of regents as a result of the 1 21 demutualization of the principal mutual holding company. The 1 22 amount transferred represents the portion of the funds 1 23 utilized by the state board of regents institutions for 1 24 employer contributions toward the premiums on insurance 1 25 policies which were paid from state general fund 1 26 appropriations for previous fiscal years. 1 27 b. Notwithstanding section 455G.3, subsection 1, on July 1 28 1, 2002, $11,100,000 is transferred from the Iowa 1 29 comprehensive petroleum underground storage tank fund created 1 30 in section 455G.3, subsection 1, to the salary adjustment 1 31 fund. 1 32 2. COLLECTIVE BARGAINING AGREEMENTS FUNDED – REGENTS 1 33 DEMUTUALIZATION PROCEEDS – UNDERGROUND STORAGE TANK FUND 1 34 TRANSFER. The state board of regents demutualization proceeds 1 35 and underground storage tank fund moneys transferred pursuant 2 1 to subsection 1 to the salary adjustment fund are appropriated 2 2 and shall be distributed by the department of management to 2 3 the various state departments, boards, commissions, councils, 2 4 and agencies, including the state board of regents, for the 2 5 fiscal year beginning July 1, 2002, and ending June 30, 2003, 2 6 in the amount of $41,100,000, or so much thereof as may be 2 7 necessary, to fully fund the following annual pay adjustments, 2 8 expense reimbursements, and related benefits: 2 9 a. The collective bargaining agreement negotiated pursuant 2 10 to chapter 20 for employees in the blue collar bargaining 2 11 unit. 2 12 b. The collective bargaining agreement negotiated pursuant 2 13 to chapter 20 for employees in the public safety bargaining 2 14 unit. 2 15 c. The collective bargaining agreement negotiated pursuant 2 16 to chapter 20 for employees in the security bargaining unit. 2 17 d. The collective bargaining agreement negotiated pursuant 2 18 to chapter 20 for employees in the technical bargaining unit. 2 19 e. The collective bargaining agreement negotiated pursuant 2 20 to chapter 20 for employees in the professional fiscal and 2 21 staff bargaining unit. 2 22 f. The collective bargaining agreement negotiated pursuant 2 23 to chapter 20 for employees in the university of northern Iowa 2 24 faculty bargaining unit. 2 25 g. The collective bargaining agreement negotiated pursuant 2 26 to chapter 20 for employees in the clerical bargaining unit. 2 27 h. The collective bargaining agreement negotiated pursuant 2 28 to chapter 20 for employees in the professional social 2 29 services bargaining unit. 2 30 i. The collective bargaining agreement negotiated pursuant 2 31 to chapter 20 for employees in the community-based corrections 2 32 bargaining unit. 2 33 j. The collective bargaining agreement negotiated pursuant 2 34 to chapter 20 for employees in the judicial branch of 2 35 government bargaining unit. 3 1 k. The collective bargaining agreement negotiated pursuant 3 2 to chapter 20 for employees in the patient care bargaining 3 3 unit. 3 4 l. The collective bargaining agreement negotiated pursuant 3 5 to chapter 20 for employees in the science bargaining unit. 3 6 m. The collective bargaining agreement negotiated pursuant 3 7 to chapter 20 for employees in the state university of Iowa 3 8 graduate student bargaining unit. 3 9 n. The collective bargaining agreement negotiated pursuant 3 10 to chapter 20 for employees in the state university of Iowa 3 11 hospital and clinics tertiary health care bargaining unit. 3 12 o. The annual pay adjustments, related benefits, and 3 13 expense reimbursements referred to in sections 2 and 3 of this 3 14 division of this Act for employees not covered by a collective 3 15 bargaining agreement. 3 16 3. In distributing moneys from the salary adjustment fund, 3 17 the department of management shall take into consideration the 3 18 special circumstances of those state institutions operating 3 19 under the net general fund appropriation budgeting system so 3 20 that such institutions are not adversely affected because of 3 21 the use of that budgeting system. 3 22 Sec. 2. NONCONTRACT STATE EMPLOYEES – GENERAL. 3 23 1. a. For the fiscal year beginning July 1, 2002, the 3 24 maximum salary levels of all pay plans provided for in section 3 25 19A.9, subsection 2, as they exist for the fiscal year ending 3 26 June 30, 2002, shall be increased by 3 percent for the pay 3 27 period beginning October 25, 2002, and any additional changes 3 28 in the pay plans shall be approved by the governor. 3 29 b. For the fiscal year beginning July 1, 2002, employees 3 30 may receive a step increase or the equivalent of a step 3 31 increase. 3 32 2. The pay plans for state employees who are exempt from 3 33 chapter 19A and who are included in the department of revenue 3 34 and finance's centralized payroll system shall be increased in 3 35 the same manner as provided in subsection 1, and any 4 1 additional changes in any executive branch pay plans shall be 4 2 approved by the governor. 4 3 3. This section does not apply to members of the general 4 4 assembly, board members, commission members, salaries of 4 5 persons set by the general assembly pursuant to this division 4 6 of this Act or salaries of appointed state officers set by the 4 7 governor, other persons designated, employees designated under 4 8 section 19A.3, subsection 5, and employees covered by 581 IAC 4 9 4.6(3). 4 10 4. The pay plans for the bargaining eligible employees of 4 11 the state shall be increased in the same manner as provided in 4 12 subsection 1, and any additional changes in such executive 4 13 branch pay plans shall be approved by the governor. As used 4 14 in this section, "bargaining eligible employee" means an 4 15 employee who is eligible to organize under chapter 20, but has 4 16 not done so. 4 17 5. The policies for implementation of this section shall 4 18 be approved by the governor. 4 19 Sec. 3. STATE EMPLOYEES – STATE BOARD OF REGENTS. Funds 4 20 from the appropriation in section 1, subsection 2 of this 4 21 division of this Act, not to exceed $25,000,000, shall be 4 22 allocated to the state board of regents for the purposes of 4 23 providing increases for state board of regents employees 4 24 covered by section 1 of this division of this Act and for 4 25 state board of regents employees not covered by a collective 4 26 bargaining agreement as follows: 4 27 1. For regents merit system employees and merit 4 28 supervisory employees to fund for the fiscal year, increases 4 29 comparable to those provided for similar contract-covered 4 30 employees in this division of this Act. 4 31 2. For faculty members and professional and scientific 4 32 employees to fund for the fiscal year, percentage increases 4 33 comparable to those provided for contract-covered employees in 4 34 section 1, subsection 2, paragraph "f", of this division of 4 35 this Act. 5 1 Sec. 4. STATE COURTS – JUSTICES, JUDGES, AND MAGISTRATES. 5 2 1. Funds from the appropriation in section 1, subsection 2 5 3 of this division of this Act, not to exceed $4,000,000, shall 5 4 be allocated to the judicial branch for the purpose of 5 5 providing increases in salaries for state judges, justices, 5 6 and magistrates and for increases for other judicial branch 5 7 employees. The salary rates specified in subsection 2 are for 5 8 the fiscal year beginning July 1, 2002, effective for the pay 5 9 period beginning December 20, 2002, and for subsequent fiscal 5 10 years until otherwise provided by the general assembly. 5 11 2. The following annual salary rates shall be paid to the 5 12 persons holding the judicial positions indicated during the 5 13 fiscal year beginning July 1, 2002, effective with the pay 5 14 period beginning December 20, 2002, and for subsequent pay 5 15 periods. 5 16 a. Chief justice of the supreme court: 5 17 .................................................. $ 124,550 5 18 b. Each justice of the supreme court: 5 19 .................................................. $ 120,100 5 20 c. Chief judge of the court of appeals: 5 21 .................................................. $ 119,980 5 22 d. Each associate judge of the court of appeals: 5 23 .................................................. $ 115,540 5 24 e. Each chief judge of a judicial district: 5 25 .................................................. $ 114,470 5 26 f. Each district judge except the chief judge of a 5 27 judicial district: 5 28 .................................................. $ 109,810 5 29 g. Each district associate judge: 5 30 .................................................. $ 95,700 5 31 h. Each associate juvenile judge: 5 32 .................................................. $ 95,700 5 33 i. Each associate probate judge: 5 34 .................................................. $ 95,700 5 35 j. Each judicial magistrate: 6 1 .................................................. $ 28,530 6 2 k. Each senior judge: 6 3 .................................................. $ 6,370 6 4 3. Persons receiving the salary rates established under 6 5 subsection 2 shall not receive any additional salary 6 6 adjustments provided by this division of this Act. 6 7 Sec. 5. APPROPRIATIONS FROM ROAD FUNDS. 6 8 1. There is appropriated from the road use tax fund to the 6 9 salary adjustment fund for the fiscal year beginning July 1, 6 10 2002, and ending June 30, 2003, the following amount, or so 6 11 much thereof as may be necessary, to be used for the purpose 6 12 designated: 6 13 To supplement other funds appropriated by the general 6 14 assembly: 6 15 .................................................. $ 1,588,368 6 16 2. There is appropriated from the primary road fund to the 6 17 salary adjustment fund, for the fiscal year beginning July 1, 6 18 2002, and ending June 30, 2003, the following amount, or so 6 19 much thereof as may be necessary, to be used for the purpose 6 20 designated: 6 21 To supplement other funds appropriated by the general 6 22 assembly: 6 23 .................................................. $ 8,627,499 6 24 3. Except as otherwise provided in this division of this 6 25 Act, the amounts appropriated in subsections 1 and 2 shall be 6 26 used to fund the annual pay adjustments, expense 6 27 reimbursements, and related benefits for public employees as 6 28 provided in this division of this Act. 6 29 Sec. 6. SPECIAL FUNDS – AUTHORIZATION. For departmental 6 30 revolving, trust, or special funds, except for the primary 6 31 road fund or the road use tax fund, for which the general 6 32 assembly has established an operating budget, a supplemental 6 33 expenditure authorization is provided, unless otherwise 6 34 provided, in an amount necessary to fund salary adjustments, 6 35 as provided in this division of this Act. 7 1 Sec. 7. GENERAL FUND SALARY MONEYS. Funds appropriated 7 2 for distribution from the salary adjustment fund in section 1, 7 3 subsection 2 of this division of this Act relate only to 7 4 salaries supported from general fund appropriations of the 7 5 state except for employees of the state board of regents. The 7 6 funds allocated in this division of this Act for employees of 7 7 the state board of regents shall exclude general university 7 8 indirect costs and general university federal funds. 7 9 Sec. 8. FEDERAL FUNDS APPROPRIATED. For the fiscal year 7 10 beginning July 1, 2002, and ending June 30, 2003, all federal 7 11 grants to and the federal receipts of the agencies affected by 7 12 this division of this Act which are received and may be 7 13 expended for purposes of this division of this Act are 7 14 appropriated for those purposes and as set forth in the 7 15 federal grants or receipts. 7 16 Sec. 9. STATE TROOPER MEAL ALLOWANCE. For the fiscal year 7 17 beginning July 1, 2002, and ending June 30, 2003, the sworn 7 18 peace officers in the department of public safety who are not 7 19 covered by a collective bargaining agreement negotiated 7 20 pursuant to chapter 20 shall receive the same per diem meal 7 21 allowance as the sworn peace officers in the department of 7 22 public safety who are covered by a collective bargaining 7 23 agreement negotiated pursuant to chapter 20. 7 24 Sec. 10. SALARY MODEL COORDINATOR. Of the funds 7 25 appropriated in section 1, subsection 2, of this division of 7 26 this Act, $126,767 for the fiscal year beginning July 1, 2002, 7 27 is allocated to the department of management for salary and 7 28 support of the salary model coordinator who shall work in 7 29 conjunction with the legislative fiscal bureau to maintain the 7 30 state's salary model used for analyzing, comparing, and 7 31 projecting state employee salary and benefit information, 7 32 including information relating to employees of the state board 7 33 of regents. The department of revenue and finance, the 7 34 department of personnel, the five institutions under the 7 35 jurisdiction of the state board of regents, the judicial 8 1 district departments of correctional services, and the state 8 2 department of transportation shall provide salary data to the 8 3 department of management and the legislative fiscal bureau to 8 4 operate the state's salary model. The format and frequency of 8 5 provision of the salary data shall be determined by the 8 6 department of management and the legislative fiscal bureau. 8 7 The information shall be used in collective bargaining 8 8 processes under chapter 20 and in calculating the funding 8 9 needs contained within the annual salary adjustment 8 10 legislation. A state employee organization as defined in 8 11 section 20.3, subsection 4, may request information produced 8 12 by the model, but the information provided shall not contain 8 13 information attributable to individual employees. 8 14 Sec. 11. HEALTH INSURANCE INCENTIVE PROGRAMS. For the 8 15 fiscal year beginning July 1, 2002, and ending June 30, 2003, 8 16 the department of revenue and finance shall administer the 8 17 health insurance incentive programs as contained in the 8 18 collective bargaining agreements. The incentive payment shall 8 19 be distributed in the paycheck of an eligible state employee 8 20 if the employee is employed by a central state agency. Each 8 21 judicial district department of correctional services and the 8 22 state board of regents shall provide monthly to the department 8 23 of revenue and finance a list of their employee counts by 8 24 benefit plan that qualify for the incentive and the amount of 8 25 the incentive due. The judicial district department of 8 26 correctional services and the state board of regents shall 8 27 include the amount of the incentive payment in their eligible 8 28 employees' paychecks as soon as the payment is 8 29 administratively practical. 8 30 Sec. 12. TERMINAL LIABILITY HEALTH INSURANCE SURCHARGE. 8 31 For the period beginning July 1, 2002, and ending January 3, 8 32 2003, the department of personnel shall include in the rates 8 33 for the Wellmark Blue Cross/Blue Shield Program 3 Plus, 8 34 Wellmark Blue Cross/Blue Shield Program 3 plus with a 8 35 comprehensive major medical overlay, and Iowa Select Preferred 9 1 Provider Organization health insurance plans a surcharge, as 9 2 determined by the department of management, on only the 9 3 employer's share of the health insurance premium cost to fund 9 4 the state's share of the terminal liability of the existing 9 5 Wellmark health insurance contract. The department of revenue 9 6 and finance shall collect the surcharge from state agencies, 9 7 the state fair board, state board of regents, and the judicial 9 8 district departments of correctional services. The proceeds 9 9 of the surcharge shall be credited to the terminal liability 9 10 health insurance fund created in section 421.46. The health 9 11 insurance plans provided to state employees covered by the 9 12 state police officers council collective bargaining agreement 9 13 are exempt from the surcharge provided in this section. 9 14 Sec. 13. 2002 Iowa Acts, Senate File 2304, section 21, 9 15 subsection 3, is amended to read as follows: 9 16 3. As part of implementing the reduction made in 9 17 subsection 1, notwithstanding the annual salary rates 9 18 authorized for justices, judges, and magistrates in 2001 Iowa 9 19 Acts, chapter 190, section 1, for the fiscal year beginning 9 20 July 1, 2001, those salary rates shall be reduced by applying 9 21 a 5 percent reduction to the portion of annual salary 9 22 attributable to the period beginning on the effective date of 9 23 this Act through June3020, 2002. Subsection 2 does not 9 24 apply to justices, judges, and magistrates subject to this 9 25 subsection. 9 26 Sec. 14. 2002 Iowa Acts, Senate File 2304, section 25, 9 27 subsections 3 and 4, are amended to read as follows: 9 28 3. As part of implementing the reduction made in this 9 29 section, notwithstanding the annual salary rates authorized 9 30 for elective executive branch officials in 2000 Iowa Acts, 9 31 chapter 1219, section 3, for the fiscal year beginning July 1, 9 32 2001, the salary rates for such officials shall be reduced by 9 33 applying a 5 percent reduction to the portion of annual salary 9 34 attributable to the period beginning on the effective date of 9 35 this Act through June3020, 2002. Subsection 2 does not 10 1 apply to elective executive branch officials subject to this 10 2 subsection. 10 3 4. As part of implementing the reduction made in this 10 4 section, notwithstanding the annual salaries established under 10 5 2001 Iowa Acts, chapter 190, section 3, for the fiscal year 10 6 beginning July 1, 2001, each of those salaries shall be 10 7 reduced by applying a 5 percent reduction to the portion of 10 8 the salary attributable to the period beginning on the 10 9 effective date of this Act through June3020, 2002. 10 10 Subsection 2 does not apply to appointed executive branch 10 11 officers subject to this subsection. 10 12 Sec. 15. Section 421.46, subsection 2, Code Supplement 10 13 2001, is amended by striking the subsection. 10 14 Sec. 16. EFFECTIVE DATE. Section 1, subsection 1 of this 10 15 Act relating to the state board of regents demutualization 10 16 proceeds transfer, being deemed of immediate importance, takes 10 17 effect upon enactment. 10 18 DIVISION II 10 19 STATUTORY AND SESSION LAW CHANGES 10 20 Sec. 17. Section 8.63, subsection 4, Code 2001, is amended 10 21 to read as follows: 10 22 4.a.In order for the innovations fund to be self- 10 23 supporting, the innovations fund committee shall establish 10 24 repayment schedules for each innovation fund loan awarded. 10 25 Agencies shall repay the funds over a period not to exceed 10 26 five years with interest, at a rate to be determined by the 10 27 innovations fund committee. 10 28b. If the department of management and the department of10 29revenue and finance certify that the savings from a proposed10 30innovations fund project will result in a net increase in the10 31balance of the general fund of the state without a10 32corresponding cost savings to the requesting agency, and if10 33the requesting agency meets all other eligibility10 34requirements, the innovations fund committee may approve the10 35loan for the project and not require repayment by the11 1requesting agency. There is appropriated from the general11 2fund of the state to the department of revenue and finance an11 3amount sufficient to repay the loan amount.11 4 Sec. 18. Section 12.21, Code 2001, is amended to read as 11 5 follows: 11 6 12.21 ACCEPTING CREDIT CARD PAYMENTS. 11 7 1. The treasurer of state may enter into an agreement with 11 8 a financial institution or other credit card processor to 11 9 provide credit card receipt processing for state departments 11 10 which are authorized by the treasurer of state to accept 11 11 payment by credit card. 11 12 2. A departmentwhich acceptsauthorized by the treasurer 11 13 of state to accept payment by credit cardpaymentsmay adjust 11 14 its fees to reflect the cost of credit card receipt processing 11 15 as determined by the treasurer of state.A fee may be charged11 16by a department for using the credit card payment method11 17notwithstanding any other provision of the Code setting11 18specific fees.The fees charged to a payer shall be the same 11 19 regardless of payment method unless otherwise permitted in the 11 20 agreement with the financial institution or credit card 11 21 processor. 11 22 3. The credit card charges applied by a financial 11 23 institution or credit card processor for credit card receipts 11 24 accepted in accordance with subsection 1 shall be considered 11 25 to be part of the payment due and accepted. A state 11 26 department authorized by the treasurer of state to accept 11 27 payment by credit card shall pay the credit card receipt 11 28 processing charges from aggregate fees collected. 11 29 4. The treasurer of state shall adopt rules to implement 11 30 this section. 11 31 Sec. 19. Section 14B.203, subsection 3, Code Supplement 11 32 2001, is amended to read as follows: 11 33 3. In addition to other forms of payment, credit cards 11 34 shall be accepted in payment for moneys owed to a governmental 11 35 entity as provided in this section, according to ruleswhich12 1shall beadopted by the treasurer of state under section 12 2 12.21.The fees to be charged shall not exceed those12 3permitted by statute. A governmental entity may adjust its12 4fees to reflect the cost of processing as determined by the12 5treasurer of state. The discount charged by the credit card12 6issuer may be included in determining the fees to be paid for12 7completing a financial transaction under this section by using12 8a credit card.12 9 Sec. 20. Section 14B.205, Code 2001, is amended to read as 12 10 follows: 12 11 14B.205 CREDIT CARDS ACCEPTED. 12 12 In addition to other forms of payment, credit cardsmay12 13 shall be accepted in accordance with section 12.21 in payment 12 14 for any fees, including but not limited to interest, 12 15 penalties, subscriptions, registrations, purchases, 12 16 applications, licenses, permits, or other filings transmitted 12 17 or transactions conducted electronically.The fees to be12 18charged shall not exceed those permitted by statute, except12 19that the discount charged by the credit card issuer may be12 20included in determining the fee to be charged for records12 21transmitted or transactions conducted electronically.12 22 Sec. 21. Section 15.108, subsection 9, paragraph e, Code 12 23 Supplement 2001, is amended to read as follows: 12 24 e.At the director's discretion, acceptAccept payment by 12 25 credit card in accordance with section 12.21 of any fees, 12 26 interest, penalties, subscriptions, registrations, purchases, 12 27 or other payments, or any portion of such payments, which are 12 28 due or collected by the department.The department may adjust12 29the amount of the payment to reflect the costs of processing12 30the payment as determined by the treasurer of state and the12 31payment by credit card shall include, in addition to all other12 32charges, any discount charged by the credit card issuer.12 33 Sec. 22. Section 15E.112, subsection 1, Code 2001, is 12 34 amended to read as follows: 12 35 1. A value-added agricultural products and processes 13 1 financial assistance fund is created within the state treasury 13 2 under the control of the department. The fund shall consist 13 3 of moneys allocated from the Iowa strategic investment fund 13 4 created in section 15.313, those appropriated moneys, and any 13 5 other moneys available to and obtained or accepted by the 13 6 department from the federal government or private sources for 13 7 placement in the fund. The assets of the fund shall be used 13 8 by the department only for administration and carrying out the 13 9 purposes of section 15E.111. 13 10 Sec. 23. Section 18.75, subsection 6, Code 2001, is 13 11 amended to read as follows: 13 12 6. Have legal custody of all Codes, session laws, books of 13 13 annotations, tables of corresponding sections, publications, 13 14 except premium lists published by the Iowa state fair board, 13 15 containing reprints of statutes or administrative rules, or 13 16 both, reports of state departments, and reports of the supreme 13 17 court, and sell, account for, and distribute the same as 13 18 provided by law. However, the legislative service bureau 13 19 shall solicit and process orders for the distribution of all 13 20 printed Codes, session laws, administrative codes and 13 21 bulletins, court rules, and the state roster. 13 22 Sec. 24. Section 18.97A, Code 2001, is amended by adding 13 23 the following new unnumbered paragraph: 13 24 NEW UNNUMBERED PARAGRAPH. The office of the governor, the 13 25 supreme court, and the legislative council shall control the 13 26 number of copies of the printed publications enumerated in 13 27 section 18.97 distributed to recipients in their respective 13 28 branches. 13 29 Sec. 25. Section 124.401A, Code 2001, is amended to read 13 30 as follows: 13 31 124.401A ENHANCED PENALTY FOR MANUFACTURE OR DISTRIBUTION 13 32 TO PERSONS ON CERTAIN REAL PROPERTY. 13 33 In addition to any other penalties provided in this 13 34 chapter, a person who is eighteen years of age or older who 13 35 unlawfully manufactures with intent to distribute, 14 1 distributes, or possesses with intent to distribute a 14 2 substance or counterfeit substance listed in schedule I, II, 14 3 or III, or a simulated controlled substance represented to be 14 4 a controlled substance classified in schedule I, II, or III, 14 5 to another person who is eighteen years of age or older in or 14 6 on, or within one thousand feet of the real property 14 7 comprising a public or private elementary or secondary school, 14 8 public park, public swimming pool, public recreation center, 14 9 or on a marked school bus, may be sentenced up to an 14 10 additional term of confinement of five years. 14 11 Sec. 26. Section 124.409, subsection 1, Code 2001, is 14 12 amended by striking the subsection. 14 13 Sec. 27. NEW SECTION. 239B.2B ELIGIBILITY OF 14 14 NONCITIZENS. 14 15 A person who meets the conditions of eligibility under 14 16 section 239B.2 and who meets either of the following 14 17 requirements shall be eligible for participation in the family 14 18 investment program: 14 19 1. The person is a conditional resident alien who was 14 20 battered or subjected to extreme cruelty, or whose child was 14 21 battered or subjected to extreme cruelty, perpetrated by the 14 22 person's spouse who is a United States citizen or lawful 14 23 permanent resident as described in 8 C.F.R. } 216.5(a)(3). 14 24 2. The person was battered or subjected to extreme 14 25 cruelty, or the person's child was battered or subjected to 14 26 extreme cruelty, perpetrated by the person's spouse who is a 14 27 United States citizen or lawful permanent resident and the 14 28 person's petition has been approved or a petition is pending 14 29 that sets forth a prima facie case that the person has 14 30 noncitizen status under any of the following categories: 14 31 a. Status as a spouse or child of a United States citizen 14 32 or lawful permanent resident under the federal Immigration and 14 33 Nationality Act, } 204(a)(1), as codified in 8 U.S.C. } 14 34 1154(a)(1)(A). 14 35 b. Status as a spouse or child who was battered or 15 1 subjected to extreme cruelty by a United States citizen or 15 2 lawful permanent resident, under the federal Immigration and 15 3 Nationality Act, } 204(a)(iii), as codified in 8 U.S.C. } 15 4 1154(a)(1)(A)(iii). 15 5 c. Classification as a person lawfully admitted for 15 6 permanent residence under the federal Immigration and 15 7 Nationality Act. 15 8 d. Suspension of deportation and adjustment of status 15 9 under the federal Immigration and Nationality Act, } 244(a), 15 10 as in effect before the date of enactment of the federal 15 11 Illegal Immigration Reform and Immigrant Responsibility Act of 15 12 1996. 15 13 e. Cancellation of removal or adjustment of status under 15 14 the federal Immigration and Nationality Act, } 240A, as 15 15 codified in 8 U.S.C. } 1229b. 15 16 f. Status as an asylee, if asylum is pending, under the 15 17 federal Immigration and Nationality Act, } 208, as codified in 15 18 8 U.S.C. } 1158. 15 19 Sec. 28. Section 249A.3, subsection 2, paragraph a, Code 15 20 Supplement 2001, is amended to read as follows: 15 21 a. As provided either pursuant to subparagraph (1) or 15 22 pursuant to subparagraphs (2) and (3): 15 23 (1) As allowed under 42 U.S.C. } 15 24 1396a(a)(10)(A)(ii)(XIII), individuals with disabilities, who 15 25 are less than sixty-five years of age, who are members of 15 26 families whose income is less than two hundred fifty percent 15 27 of the most recently revised official povertylineguidelines 15 28 published by thefederal office of management and budget15 29 United States department of health and human services for the 15 30 family, who have earned income and who are eligible for 15 31 supplemental security income or supplemental security income- 15 32 related medical assistanceor additional medical assistance15 33 under this section if earnings are disregarded. As allowed by 15 34 42 U.S.C. } 1396a(r)(2), unearned income shall also be 15 35 disregarded in determining whether an individual is eligible 16 1 for assistance under thisparagraphsubparagraph. For the 16 2 purposes of determining the amount of an individual's 16 3 resources under thisparagraphsubparagraph and as allowed by 16 4 42 U.S.C. } 1396a(r)(2), a maximum of ten thousand dollars of 16 5 available resources shall be disregarded and any additional 16 6 resources held in a retirement account, in a medical savings 16 7 account, or in any other account approved under rules adopted 16 8 by the department shall also be disregarded. Individuals 16 9 eligible for assistance under thisparagraphsubparagraph, 16 10 whose individual income exceeds one hundred fifty percent of 16 11 the official povertylineguidelines published by thefederal16 12office of management and budgetUnited States department of 16 13 health and human services for an individual, shall pay a 16 14 premium. The amount of the premium shall be based on a 16 15 sliding fee schedule adopted by rule of the department and 16 16 shall be based on a percentage of the individual's income. 16 17 The maximum premium payable by an individual whose income 16 18 exceeds one hundred fifty percent of the official povertyline16 19 guidelines shall be commensurate withpremiums charged for16 20privatethe cost of state employees' group health insurance in 16 21 this state.This paragraph shall be implemented no later than16 22March 1, 2000.16 23 (2) As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XV), 16 24 individuals who are at least sixteen years of age but less 16 25 than sixty-five years of age who, but for earnings in excess 16 26 of the limit established under 42 U.S.C. } 1396d(q)(2)(B), 16 27 would be considered to be receiving federal supplemental 16 28 security income, and who are members of families whose income 16 29 is less than two hundred fifty percent of the most recently 16 30 revised official poverty guidelines published by the United 16 31 States department of health and human services for the family, 16 32 subject to a resource limit of twelve thousand dollars for an 16 33 individual and thirteen thousand dollars for a couple. For 16 34 the purposes of determining the amount of an individual's or 16 35 couple's resources under this subparagraph, any resources held 17 1 in a retirement account, in a medical savings account, or in 17 2 any other account approved under rules adopted by the 17 3 department shall be disregarded. Individuals eligible for 17 4 assistance under this subparagraph whose individual income 17 5 exceeds one hundred fifty percent of the official poverty 17 6 guidelines for an individual shall pay a premium. The amount 17 7 of the premium shall be based on a sliding fee schedule 17 8 adopted by rule of the department and shall be based on a 17 9 percentage of the individual's income. The maximum premium 17 10 payable by an individual whose income exceeds one hundred 17 11 fifty percent of the official poverty guidelines shall be 17 12 commensurate with the cost of state employees' group health 17 13 insurance in this state, but shall not exceed seven and one- 17 14 half percent of income, unless the individual's income exceeds 17 15 four hundred fifty percent of the official poverty guidelines. 17 16 (3) As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XVI), 17 17 employed individuals with a medically improved disability, as 17 18 defined in 42 U.S.C. } 1396d(v)(1), who are members of 17 19 families whose income is less than two hundred fifty percent 17 20 of the most recently revised official poverty guidelines 17 21 published by the United States department of health and human 17 22 services for the family, subject to a resource limit of twelve 17 23 thousand dollars for an individual and thirteen thousand 17 24 dollars for a couple. For the purposes of determining the 17 25 amount of an individual's or couple's resources under this 17 26 subparagraph, any resources held in a retirement account, in a 17 27 medical savings account, or in any other account approved 17 28 under rules adopted by the department shall be disregarded. 17 29 Individuals eligible for assistance under this subparagraph 17 30 whose individual income exceeds one hundred fifty percent of 17 31 the official poverty guidelines for an individual shall pay a 17 32 premium. The amount of the premium shall be based on a 17 33 sliding fee schedule adopted by rule of the department and 17 34 shall be based on a percentage of the individual's income. 17 35 The maximum premium payable by an individual whose income 18 1 exceeds one hundred fifty percent of the official poverty 18 2 guidelines shall be commensurate with the cost of state 18 3 employees' group health insurance in this state, but shall not 18 4 exceed seven and one-half percent of income, unless the 18 5 individual's income exceeds four hundred fifty percent of the 18 6 official poverty guidelines. 18 7 Sec. 29. Section 256.67, subsection 1, Code Supplement 18 8 2001, is amended to read as follows: 18 9 1. Act as administrator and executive secretary of the 18 10regionlibrary service area in accordance with the objectives 18 11 and policies adopted by the area board of trustees and with 18 12 the intent of this chapter. 18 13 Sec. 30. Section 260G.4B, subsection 1, Code Supplement 18 14 2001, is amended to read as follows: 18 15 1. The total amount of program job credits from all 18 16 employers which shall be allocated for all accelerated career 18 17 education programs in the state in any one fiscal year shall 18 18 not exceed the sum of three million dollars in the fiscal year 18 19 beginning July 1, 2000, three million dollars in the fiscal 18 20 year beginning July 1, 2001, three million dollars in the 18 21 fiscal year beginning July 1, 2002, and six million dollars in 18 22 the fiscal year beginning July 1,20022003, and every fiscal 18 23 year thereafter. Any increase in program job credits above 18 24 the six-million-dollar limitation per fiscal year shall be 18 25 developed, based on recommendations in a study which shall be 18 26 conducted by the department of economic development of the 18 27 needs and performance of approved programs in the fiscal years 18 28 beginning July 1, 2000, and July 1, 2001. The study's 18 29 findings and recommendations shall be submitted to the general 18 30 assembly by the department by December 31, 2002. The study 18 31 shall include but not be limited to an examination of the 18 32 quality of the programs, the number of program participant 18 33 placements, the wages and benefits in program jobs, the level 18 34 of employer contributions, the size of participating 18 35 employers, and employer locations. A community college shall 19 1 file a copy of each agreement with the department of economic 19 2 development. The department shall maintain an annual record 19 3 of the proposed program job credits under each agreement for 19 4 each fiscal year. Upon receiving a copy of an agreement, the 19 5 department shall allocate any available amount of program job 19 6 credits to the community college according to the agreement 19 7 sufficient for the fiscal year and for the term of the 19 8 agreement. When the total available program job credits are 19 9 allocated for a fiscal year, the department shall notify all 19 10 community colleges that the maximum amount has been allocated 19 11 and that further program job credits will not be available for 19 12 the remainder of the fiscal year. Once program job credits 19 13 have been allocated to a community college, the full 19 14 allocation shall be received by the community college 19 15 throughout the fiscal year and for the term of the agreement 19 16 even if the statewide program job credit maximum amount is 19 17 subsequently allocated and used. 19 18 Sec. 31. Section 368.4, Code 2001, as amended by 2002 Iowa 19 19 Acts, House File 582, if enacted, is amended to read as 19 20 follows: 19 21 368.4 ANNEXING MORATORIUM. 19 22 A city, following notice and hearing, may by resolution 19 23 agree with another city or cities to refrain from annexing 19 24 specifically described territory for a period not to exceed 19 25 ten years and, following notice and hearing, may by resolution 19 26 extend the agreement for subsequent periods not to exceed ten 19 27 years each. Notice of a hearing shall be served by regular 19 28 mail at least thirty days before the hearing on the city 19 29 development board, on the board of supervisors of the county 19 30 in which the territory is located, and on all persons owning 19 31 land within the area subject to the agreement. The notice 19 32 shall include the time and place of the hearing, describe the 19 33 territory subject to the proposed agreement, and the general 19 34 terms of the agreement. After passage of a resolution by the 19 35 cities approving the agreements, a copy of the agreement and a 20 1 copy of any resolution extending an agreement shall be filed 20 2 with the city development board within ten days of enactment. 20 3 If such an agreement is in force, the board shall dismiss a 20 4 petition or plan which violates the terms of the agreement. 20 5 Sec. 32. Section 368.26, if enacted by 2002 Iowa Acts, 20 6 House File 582, is amended to read as follows: 20 7 368.26 FAILURE TO PROVIDE MUNICIPAL SERVICES. 20 8 If a city fails to provide municipal services to territory 20 9 involuntarily annexed, according to the plan filed pursuant to 20 10 section 368.11, within three years after city taxes are 20 11 imposed in the annexed territory, the city development board 20 12 shall initiate proceedings to sever the annexed territory from 20 13 the city. However, a city may appeal to the board for an 20 14 additional three years to provide municipal services if good 20 15 cause is shown. A petition for severance filed pursuant to 20 16 this section shall be filed and acted upon in the same manner 20 17 as a petition under section 368.11. For purposes of this 20 18 sectionand section 368.11, subsection 14, "municipal 20 19 services" means services selected by a landowner to be 20 20 provided by the city, including, but not limited to, water 20 21 supply, sewage disposal, street and road maintenance, and 20 22 police and fire protection, if the provision of such services 20 23 is within the legal authority of the annexing city. 20 24 Sec. 33. Section 421.17, subsection 31, Code Supplement 20 25 2001, is amended to read as follows: 20 26 31.At the director's discretion, acceptAccept payment of 20 27 taxes, penalties, interest, and fees, or any portionthereof20 28 of the payment, by credit card in accordance with section 20 29 12.21.The director may adjust the payable amount to reflect20 30the costs of processing the payment as determined by the20 31treasurer of state and the payment by credit card shall20 32include, in addition to all other charges, any discount20 33charged by the credit card issuer.20 34 Sec. 34. Section 421.17, subsection 34, paragraph f, Code 20 35 Supplement 2001, is amended to read as follows: 21 1 f.At the director's discretion, theThe departmentmay21 2 shall accept payment of debts, interest, and fees, or any 21 3 portion of the payment by credit card in accordance with 21 4 section 12.21.The director may adjust the payable amount to21 5reflect the costs of processing the payment as determined by21 6the treasurer of state and the payment by credit card shall21 7include, in addition to all other charges, any discount charge21 8by the credit card issuer.21 9 Sec. 35. Section 455A.4, subsection 5, Code 2001, is 21 10 amended to read as follows: 21 11 5. The department may accept payment of any fees, 21 12 interest, penalties, subscriptions, or other payments due or 21 13 collected by the department, or any portion of such payments, 21 14 by credit card in accordance with section 12.21.The21 15department may adjust the amount of the payment to reflect the21 16costs of processing the payment as determined by the treasurer21 17of state and the payment by credit card shall include, in21 18addition to all other charges, any discount charged by the21 19credit card issuer.21 20 Sec. 36. Section 476.97, subsection 11, paragraph g, 21 21 subparagraph (4), Code 2001, as amended by 2002 Iowa Acts, 21 22 Senate File 429, section 2, is amended by striking the 21 23 subparagraph and inserting in lieu thereof the following: 21 24 (4) Rates may be adjusted by the board to reflect any 21 25 changes in revenues, expenses, and investment due to exogenous 21 26 factors beyond the control of the local exchange carrier, 21 27 including, but not limited to, the effects of local 21 28 competition. The board shall have one hundred eighty days to 21 29 consider rate changes proposed under this subparagraph, but 21 30 for good cause may grant one extension of sixty days, not to 21 31 exceed a total of two hundred forty days. 21 32 Sec. 37. Section 514I.5, subsection 3, Code 2001, is 21 33 amended to read as follows: 21 34 3. Members appointed by the governor shall serve two-year 21 35 staggered terms as designated by the governor, and legislative 22 1 members of the board shall serve two-year terms. The filling 22 2 of positions reserved for the public representatives, 22 3 vacancies, membership terms, payment of compensation and 22 4 expenses, and removal of the members are governed by chapter 22 5 69. Members of the board are entitled to receive 22 6 reimbursement of actual expenses incurred in the discharge of 22 7 their duties. Public members of the board are also eligible 22 8 to receive compensation as provided in section 7E.6. The 22 9 members shall select a chairperson on an annual basis from 22 10 among the membership of the board. 22 11 Sec. 38. Section 541A.1, subsection 7, Code 2001, is 22 12 amended to read as follows: 22 13 7. "Individual development account" meansaeither of the 22 14 following: 22 15 a. A financial instrumentwhichthat is certified to have 22 16 the characteristics described in section 541A.2 by the 22 17 operating organization. 22 18 b. A financial instrument that is certified by the 22 19 operating organization to have the characteristics described 22 20 in and funded by a federal individual development account 22 21 program under which federal and state funding contributed to 22 22 match account holder deposits is deposited by an operating 22 23 organization in accordance with federal law and regulations, 22 24 and which includes but is not limited to any of the programs 22 25 implemented under the following federal laws: 22 26 (1) The federal Personal Responsibility and Work 22 27 Opportunity Act of 1996, 42 U.S.C. } 604(h). 22 28 (2) The federal Assets for Independence Act, Pub. L. No. 22 29 105-285, Title IV. 22 30 Sec. 39. Section 541A.3, subsection 1, unnumbered 22 31 paragraph 1, Code 2001, is amended to read as follows: 22 32 Payment by the state of a savings refund on amounts of up 22 33 to two thousand dollars per calendar year that an account 22 34 holder deposits in the account holder's account. Moneys 22 35 transferred to an individual development account from another 23 1 individual development account shall not be considered an 23 2 account holder deposit for purposes of determining a savings 23 3 refund. Payment of a savings refund either shall be made 23 4 directly to the account holder's account or to an operating 23 5 organization's central reserve account for later distribution 23 6 to the account holder's account in the most appropriate manner 23 7 as determined by the administrator. The state savings refund 23 8 shall be the indicated percentage of the amount deposited: 23 9 Sec. 40. Section 541A.3, subsection 5, Code 2001, is 23 10 amended to read as follows: 23 11 5. The administrator shall coordinate the filing of claims 23 12 for savings refunds authorized under subsection 1, between 23 13 account holders, operating organizations, and the department 23 14 of revenue and finance. Claims approved by the administrator 23 15 may be paid by the department of revenue and finance to each 23 16 account,orfor an aggregate amount for distribution to the 23 17 accounts in a particular financial institution, or to an 23 18 operating organization's central reserve account for later 23 19 distribution to the account holders' accounts depending on the 23 20 efficiency for issuing the refunds. Claims shall be initially 23 21 filed with the administrator on or before a date established 23 22 by the administrator. Claims approved by the administrator 23 23 shall be paid from the general fund of the state in the manner 23 24 specified in section 422.74. 23 25 Sec. 41. Section 546.10, subsection 3, unnumbered 23 26 paragraph 2, if enacted by Senate File 2326, section 32, is 23 27 amended to read as follows: 23 28 Notwithstanding subsection 5, eighty-five percent of the 23 29 funds received annually resulting from an increase in 23 30 licensing feesapproved andimplemented on or afterJulyApril 23 31 1, 2002, by a licensing board or commission listed in 23 32 subsection 1, is appropriated to the professional licensing 23 33 and regulation division to be allocated to the board or 23 34 commission for the fiscal year beginning July 1, 2002, and 23 35 succeeding fiscal years, for purposes related to the duties of 24 1 the board or commission, including but not limited to 24 2 additional full-time equivalent positions. The director of 24 3 revenue and finance shall draw warrants upon the treasurer of 24 4 state from the funds appropriated as provided in this section 24 5 and shall make the funds available to the professional 24 6 licensing division on a monthly basis during each fiscal year. 24 7 Sec. 42. Section 556.12, subsection 1, Code 2001, is 24 8 amended to read as follows: 24 9 1. If a report has been filed with the treasurer of state, 24 10 or property has been paid or delivered to the treasurer of 24 11 state, for the fiscal year ending on June 30 as required by 24 12 section 556.11, the treasurer of state shall provide for the 24 13 publication annually of at least one noticenot later than24 14 which notice shall not be published between the following 24 15 September 10 and the following November3010. Each notice 24 16 shall be published at least once each week for two successive 24 17 weeks in an English language newspaper of general circulation 24 18 in the county in this state in which is located the last known 24 19 address of any person to be named in the notice. If an 24 20 address is not listed or if the address is outside this state, 24 21 the notice shall be published in the county in which the 24 22 holder of the abandoned property has its principal place of 24 23 business within this state. 24 24 Sec. 43. Section 602.1302, subsection 3, Code 2001, is 24 25 amended to read as follows: 24 26 3. A revolving fund is created in the state treasury for 24 27 the payment of jury and witness fees,andmileage, and costs 24 28 related to summoning jurors by the judicial branch. The 24 29 judicial branch shall deposit any reimbursements to the state 24 30 for the payment of jury and witness fees and mileage in the 24 31 revolving fund. Notwithstanding section 8.33, unencumbered 24 32 and unobligated receipts in the revolving fund at the end of a 24 33 fiscal year do not revert to the general fund of the state. 24 34 The judicial branch shall on or before February 1 file a 24 35 financial accounting of the moneys in the revolving fund with 25 1 the legislative fiscal bureau. The accounting shall include 25 2 an estimate of disbursements from the revolving fund for the 25 3 remainder of the fiscal year and for the next fiscal year. 25 4 Sec. 44. Section 602.8108, subsection 5, Code Supplement 25 5 2001, is amended to read as follows: 25 6 5. A court technology and modernization fund is 25 7 established as a separate fund in the state treasury. The 25 8 state court administrator shall allocate one million dollars 25 9 of the moneys received under subsection 2 to be deposited in 25 10 the fund, which shall be administered by the supreme court and 25 11 shall be usedas follows:25 12a. Eighty percent shall be usedto enhance the ability of 25 13 the judicial branch to process cases more quickly and 25 14 efficiently, to electronically transmit information to state 25 15 government, local governments, law enforcement agencies, and 25 16 the public, and to improve public access to the court system. 25 17Moneys in this paragraph shall not be used for the Iowa court25 18information system.25 19b. Twenty percent shall be used in equal amounts to25 20facilitate alternative dispute resolution and methods to25 21resolve domestic abuse cases, which may include personnel for25 22hearings under section 236.4.25 23 Sec. 45. 2001 Iowa Acts, chapter 182, section 7, 25 24 subsection 2, is amended by adding the following new 25 25 paragraph: 25 26 NEW PARAGRAPH. g. Notwithstanding section 8.33, any 25 27 moneys which exceed the amount budgeted in the fiscal year 25 28 beginning July 1, 2001, and ending June 30, 2002, that remain 25 29 unencumbered or unobligated at the close of the fiscal year 25 30 shall not revert but shall remain available for expenditure by 25 31 the veterans home until the close of the succeeding fiscal 25 32 year. For the purposes of this paragraph, "moneys" means cash 25 33 receipts, accruals attributable to the fiscal year beginning 25 34 July 1, 2001, and ending June 30, 2002, and the amount of the 25 35 estimated reversions to the general fund, as last agreed to by 26 1 the state revenue estimating conference during fiscal year 26 2 beginning July 1, 2001. 26 3 Sec. 46. 2001 Iowa Acts, chapter 191, section 14, 26 4 subsection 2, is amended by adding the following new 26 5 paragraph: 26 6 NEW PARAGRAPH. f. Notwithstanding section 232.143, 26 7 subsection 1, a region may exceed its budget target for group 26 8 foster care by up to twenty percent in the fiscal year 26 9 beginning July 1, 2001, and ending June 30, 2002, provided the 26 10 overall funding allocated by the department for all child 26 11 welfare services in the region is not exceeded. It is the 26 12 intent of the general assembly that for the fiscal year 26 13 beginning July 1, 2002, the budget targets for group foster 26 14 care will be determined at levels so that special statutory 26 15 authority for exceeding the budget targets beyond the amount 26 16 authorized in section 232.143, subsection 1, will not be 26 17 necessary. 26 18 Sec. 47. Section 904.108, subsection 1, paragraph o, Code 26 19 Supplement 2001, is amended to read as follows: 26 20 o. Establish and maintain a correctional trainingcenter26 21at the Mount Pleasant correctional facilityprogram. 26 22 Sec. 48. IOWA CONGRESSIONAL MEDAL OF HONOR RECIPIENTS. 26 23 The department of cultural affairs shall conduct a study to 26 24 identify an appropriate location in the state capitol for a 26 25 plaque and display honoring the Iowa recipients of the 26 26 congressional medal of honor. The department shall report the 26 27 findings and recommendations of the study to the governor and 26 28 general assembly on or before December 31, 2002. 26 29 Sec. 49. DUPLICATION AND REORGANIZATION REVIEWS. In 26 30 implementing the requirements of 2002 Iowa Acts, Senate File 26 31 2326, division I, if enacted, involving the department of 26 32 general services, department of management, department of 26 33 personnel, and information technology department identifying 26 34 duplicative positions or studying the reorganization of state 26 35 government, those departments shall consult with the 27 1 departments that may be affected, consider previously 27 2 conducted studies or reviews, and identify the projected 27 3 impacts of recommended changes upon the general fund of the 27 4 state, road use tax fund, and any other affected funding 27 5 source. 27 6 Sec. 50. CHEROKEE MENTAL HEALTH INSTITUTE – RELOCATION OF 27 7 SEXUALLY VIOLENT PREDATORS UNIT. In implementing the 27 8 relocation of the unit for commitment of sexually violent 27 9 predators from Oakdale to the state mental health institute at 27 10 Cherokee in the fiscal year beginning July 1, 2002, in 27 11 accordance with the requirement in the appropriation for the 27 12 unit in 2002 Iowa Acts, Senate File 2326, if enacted, it is 27 13 the intent of the general assembly that the department of 27 14 human services complete the renovation of space at the 27 15 institute and the relocation of the unit as expeditiously as 27 16 possible. If requested by the department of human services as 27 17 necessary to complete the renovation of space and relocation 27 18 as expeditiously as possible, notwithstanding any provision of 27 19 law or rule to the contrary, the department of general 27 20 services shall grant a waiver for purposes of the renovation 27 21 project from those requirements in administrative rule and 27 22 policy that would otherwise govern the length of time the 27 23 renovation project components are noticed. 27 24 Sec. 51. MEDICAL ASSISTANCE – DENTAL SERVICES FOR ADULTS. 27 25 In addition to other dental services provided to adults under 27 26 the medical assistance program in accordance with 2002 Iowa 27 27 Acts, House File 2245, section 7, subsection 2, the following 27 28 services shall be provided: 27 29 1. Root canal treatments on permanent anterior teeth. 27 30 2. General anesthesia and intravenous sedation if 27 31 necessitated by the physical or mental disability of the 27 32 patient. 27 33 The department may adopt emergency rules to implement this 27 34 section in accordance with the provisions of 2002 Iowa Acts, 27 35 Senate File 2326, division VI, section 135, if enacted. 28 1 Sec. 52. EXPENDITURE REPORTS. For the fiscal year 28 2 beginning July 1, 2002, the department of agriculture and land 28 3 stewardship and the department of natural resources shall each 28 4 file a written report on a quarterly basis with the 28 5 chairpersons and ranking members of the joint appropriations 28 6 subcommittee on agriculture and natural resources and the 28 7 legislative fiscal bureau regarding all expenditures of moneys 28 8 appropriated from the general fund of the state or from other 28 9 funds available to either department during the quarter and 28 10 the number of full-time equivalent positions allocated during 28 11 the quarter. 28 12 Sec. 53. IPERS POSITIONS. The number of full-time 28 13 equivalent positions authorized the Iowa public employees' 28 14 retirement system division in 2002 Iowa Acts, Senate File 28 15 2326, section 15, subsection 1, if enacted, is increased by 28 16 2.00 full-time equivalent positions. 28 17 Sec. 54. 2002 Iowa Acts, Senate File 2326, section 25, 28 18 unnumbered paragraph 4, if enacted, is amended to read as 28 19 follows: 28 20 If 2002 Iowa Acts, House File 681, is enacted and provides 28 21 for the pledging of collateral in relation to the deposit of 28 22 uninsured public funds, then the treasurer of state is 28 23 authorized not more than the following additional full-time 28 24 equivalent positions for the purposes provided for in that 28 25 Act: 28 26 ...............................................FTEs2.0028 27 FTE 1.00 28 28 Sec. 55. 2002 Iowa Acts, Senate File 2326, section 39, if 28 29 enacted, is amended by adding the following new subsection: 28 30 NEW SUBSECTION. 5. Of the amount appropriated in this 28 31 section, $1,250,000 shall be used for salaries, support, 28 32 maintenance, and miscellaneous purposes for activities 28 33 regarding animal agriculture. 28 34 Sec. 56. SCHOOL FOR THE DEAF POSITIONS. 2002 Iowa Acts, 28 35 Senate File 2326, section 81, subsection 5, if enacted, is 29 1 amended to read as follows: 29 2 5. STATE SCHOOL FOR THE DEAF 29 3 For salaries, support, maintenance, miscellaneous purposes, 29 4 and for not more than the following full-time equivalent 29 5 positions: 29 6 .................................................. $ 7,891,351 29 7 ............................................... FTEs117.2929 8 129.60 29 9 Sec. 57. SCOPE OF PRACTICE REVIEW COMMITTEE. 2002 Iowa 29 10 Acts, Senate File 2326, section 91, subsection 10, paragraph 29 11 a, if enacted, is amended to read as follows: 29 12 a. The department may expend funds received from licensing 29 13 fees in addition to amounts appropriated in this subsection, 29 14 if those additional expenditures are directly the result ofa29 15scope of practice review committee orunanticipated litigation 29 16 costs arising from the discharge of an examining board's 29 17 regulatory duties. Before the department expends or encumbers 29 18 funds fora scope of practice review committee oran amount in 29 19 excess of the funds budgeted for an examining board, the 29 20 director of the department of management shall approve the 29 21 expenditure or encumbrance. The amounts necessary to fund any 29 22 unanticipated litigationor scope of practice review committee29 23 expense in the fiscal year beginning July 1, 2002, shall not 29 24 exceed 5 percent of the average annual fees generated by the 29 25 boards for the previous two fiscal years. 29 26 Sec. 58. 2002 Iowa Acts, Senate File 2326, section 92, 29 27 subsection 6, if enacted, is amended by adding the following 29 28 new unnumbered paragraph: 29 29 NEW UNNUMBERED PARAGRAPH. The appropriation in this 29 30 subsection is contingent upon the appointment of an 29 31 administrator of the division on the status of African- 29 32 Americans and the appointment of all nine members to the 29 33 commission on the status of African-Americans. 29 34 Sec. 59. SCOPE OF PRACTICE REVIEW COMMITTEE. 2002 Iowa 29 35 Acts, Senate File 2326, section 98, if enacted, is repealed. 30 1 Sec. 60. 2002 Iowa Acts, Senate File 2326, section 99, 30 2 subsection 1, if enacted, is amended to read as follows: 30 3 1. To be credited to the family investment program account 30 4 and used for assistance under the family investment program 30 5 under chapter 239B: 30 6 .................................................. $45,618,44730 7 46,508,982 30 8 Sec. 61. 2002 Iowa Acts, Senate File 2326, section 99, 30 9 subsection 11, unnumbered paragraph 2, if enacted, is amended 30 10 to read as follows: 30 11 Pregnancy prevention grants shall be awarded to programs in 30 12 existence on or before July 1, 2002, if the programs are 30 13 comprehensive in scope and have demonstrated positive 30 14 outcomes. Grants shall be awarded to pregnancy prevention 30 15 programs which are developed after July 1, 2002, if the 30 16 programs are comprehensive in scope and are based on existing 30 17 models that have demonstrated positive outcomes. Grants shall 30 18 comply with the requirements provided in 1997 Iowa Acts, 30 19 chapter 208, section 14, subsections 1 and 2, including the 30 20 requirement that grant programs must emphasize sexual 30 21 abstinence. Priority in the awarding of grants shall be given 30 22 to programs that serve areas of the state which demonstrate 30 23 the highest percentage of unplanned pregnancies of females age 30 24 or older but younger than age 18 within the geographic area to 30 25 be served by the grant. 30 26 In addition to the full-time equivalent positions funded in 30 27 this division of this Act, the department may use a portion of 30 28 the funds appropriated in this subsection to employ an 30 29 employee in up to 1.00 full-time equivalent position for the 30 30 administration of programs specified in this subsection. 30 31 Sec. 62. 2002 Iowa Acts, Senate File 2326, section 127, 30 32 subsection 1, paragraph a, if enacted, is amended to read as 30 33 follows: 30 34 a.Notwithstanding 2001 Iowa Acts, chapter 192, section 4,30 35subsection 2, paragraph "b", the modified price-based case-mix31 1reimbursement rate upon which the reimbursement rate for31 2nursing facilities is determined shall only include an31 3additional inflation factor to the extent of the funding31 4budgeted and appropriated specifically for nursing facility31 5reimbursement based on a case-mix reimbursement methodology in31 6this division of this Act or in other appropriations.For the 31 7 fiscal year beginning July 1, 2002, and ending June 30, 2003, 31 8 nursing facilities shall be reimbursed as provided in 2002 31 9 Iowa Acts, House File 2613, if enacted. Nursing facilities 31 10 reimbursed under the medical assistance program shall submit 31 11 annual cost reports and additional documentation as required 31 12 by rules adopted by the department. 31 13 Sec. 63. 2002 Iowa Acts, Senate File 2326, section 134, if 31 14 enacted, is amended to read as follows: 31 15 SEC. 134. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 31 16 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR 31 17 ADJUSTMENT AND ALLOCATIONS – DISTRIBUTION FOR FY 2002-2003. 31 18 1. For the fiscal year beginning July 1, 2002, the moneys 31 19 appropriated in 2001 Acts, chapter 176, section 1, as amended 31 20 by this division of this Act, for distribution to counties of 31 21 the county mental health, mental retardation, and 31 22 developmental disabilities allowed growth factor adjustment, 31 23 shall be distributed as provided in this section in lieu of 31 24 the provisions of section 331.438, subsection 2, and section 31 25 331.439, subsection 3, and chapter 426B, as follows: 31 26 a. The first $2,000,000500,000 shall be credited to the 31 27 risk pool created in the property tax relief fund and shall be 31 28 distributed pursuant to section 426B.5, subsection 2. 31 29 b. The remaining $12,500,00014,000,000 shall be 31 30 distributed as provided in this section. 31 31 2. The following formula amounts shall be utilized only to 31 32 calculate preliminary distribution amounts for fiscal year 31 33 2002-2003 under this section by applying the indicated formula 31 34 provisions to the formula amounts and producing a preliminary 31 35 distribution total for each county: 32 1 a. For calculation of an allowed growth factor adjustment 32 2 amount for each county in accordance with the formula in 32 3 section 331.438, subsection 2, paragraph "b": 32 4 .................................................. $ 12,000,000 32 5 b. For calculation of a distribution amount for eligible 32 6 counties from the per capita expenditure target pool created 32 7 in the property tax relief fund in accordance with the 32 8 requirements in section 426B.5, subsection 1: 32 9 .................................................. $12,492,71232 10 14,492,712 32 11 c. For calculation of a distribution amount for counties 32 12 from the mental health and developmental disabilities (MH/DD) 32 13 community services fund in accordance with the formula 32 14 provided in this division of this Act: 32 15 .................................................. $ 18,127,352 32 16 3. Notwithstanding any contrary provisions of sections 32 17 225C.7, 331.438, subsection 2, 331.439, subsection 3, and 32 18 426B.5, the moneys allocated for distribution in subsection 1, 32 19 paragraph "b", and in any other Act of the Seventy-ninth 32 20 General Assembly, 2002 Session, for distribution to counties 32 21 in the fiscal year beginning July 1, 2002, for purposes of the 32 22 mental health and developmental disabilities (MH/DD) community 32 23 services fund under section 225C.7, and for the allowed growth 32 24 factor adjustment for services paid under a county's section 32 25 331.424A mental health, mental retardation, and developmental 32 26 disabilities services fund and as calculated under subsection 32 27 2 to produce preliminary distribution amounts for counties 32 28 shall be subject to withholding as provided in this section. 32 29 4. After applying the applicable statutory distribution 32 30 formulas to the amounts indicated in subsection 2 for purposes 32 31 of formula calculations to produce preliminary distribution 32 32 totals, the department of human services shall apply a 32 33 withholding factor to adjust an eligible individual county's 32 34 preliminary distribution total. An ending balance percentage 32 35 for each county shall be determined by expressing the county's 33 1 ending balance on a modified accrual basis under generally 33 2 accepted accounting principles for the fiscal year beginning 33 3 July 1, 2001, in the county's mental health, mental 33 4 retardation, and developmental disabilities services fund 33 5 created under section 331.424A, as a percentage of the 33 6 county's gross expenditures from that fund for that fiscal 33 7 year. The withholding factor for a county shall be the 33 8 following applicable percent: 33 9 a. For an ending balance percentage of less than 10 33 10 percent, a withholding factor of 0 percent. 33 11 b. For an ending balance percentage of 10 through 24 33 12 percent, a withholding factor of2541.47 percent. 33 13 c. For an ending balance percentage of 25 through 34 33 14 percent, a withholding factor of 60 percent. 33 15 d. For an ending balance percentage of 35 through 44 33 16 percent, a withholding factor of 85 percent. 33 17 e. For an ending balance percentage of 45 percent or more, 33 18 a withholding factor of 100 percent. 33 19 5. The total withholding amounts applied pursuant to 33 20 subsection 4 shall be equal to a withholding target amount of 33 21 $11,992,71212,492,712 and the appropriation made in this 33 22 division of this Act for the MH/DD community services fund and 33 23 the appropriation made in 2001 Iowa Acts, chapter 176, section 33 24 1, as amended by this division of this Act shall be reduced by 33 25 the amount necessary to attain the withholding target amount. 33 26 If the department of human services determines that the amount 33 27 to be withheld in accordance with subsection 4 is not equal to 33 28 the target withholding amount, the department shall adjust the 33 29 withholding factors listed in subsection 4 as necessary to 33 30 achieve the withholding target amount. However, in making 33 31 such adjustments to the withholding factors, the department 33 32 shall strive to minimize changes to the withholding factors 33 33 for those ending balance percentage ranges that are lower than 33 34 others and shall not adjust the zero withholding factor 33 35 specified in subsection 4, paragraph "a". 34 1 6.AIn order to be eligible for a funding distribution 34 2 under this section, a county must levy at least 70 percent of 34 3 the maximum allowed for the county's services fund under 34 4 section 331.424A for taxes due and payable in the fiscal year 34 5 beginning July 1, 2002, and comply with the December 1, 2002, 34 6 filing deadline for the county annual financial report in 34 7 accordance with section 331.403. The amount that would 34 8 otherwise be available for distribution to a county that fails 34 9 to so comply shall be proportionately distributed among the 34 10 eligible counties. 34 11 7. The department of human services shall authorize the 34 12 issuance of warrants payable to the county treasurer for the 34 13 distribution amounts due the counties eligible under this 34 14 section and notwithstanding prior practice for the MH/DD 34 15 community services fund, the warrants shall be issued in 34 16 January 2003. 34 17 Sec. 64. 2002 Iowa Acts, Senate File 2326, section 104, 34 18 subsection 12, if enacted, is amended to read as follows: 34 19 12.If federal funding is received or if moneys are34 20appropriated, the department may participateOf the moneys 34 21 appropriated in this section, $150,000 shall be used as state 34 22 matching funds, in combination with federal and private funds, 34 23 for participation in a federal home telecare pilot program 34 24 intended to manage health care needs of subpopulations of 34 25 Iowans and specifically including subpopulations of Iowans who 34 26 require high utilization of health care services and represent 34 27 a disproportionate share of consumption of health care 34 28 services. The program shall be administered by the Iowa 34 29 telecare consortium, which is a collaboration of public, 34 30 private, academic, and governmental participants coordinated 34 31 by Des Moines university – osteopathic medical center. The 34 32 program may direct telecare services to persons with diagnoses 34 33 of specific nonacute chronic illnesses, which may include, but 34 34 are not limited to, chronic obstructive pulmonary disease, 34 35 congestive heart disease, diabetes, and asthma. Des Moines 35 1 university – osteopathic medical center shall submit a report 35 2 to the general assembly by January 15, 2003, regarding the 35 3 status of the pilot program. The program guidelines shall be 35 4 consistent with those specified under 2001 Iowa Acts, chapter 35 5 191, section 7, subsection 15. 35 6 Sec. 65. 2002 Iowa Acts, Senate File 2326, section 154, 35 7 subsection 2, unnumbered paragraph 2, if enacted, is amended 35 8 to read as follows: 35 9 Riverboat enforcement costs shall be billed in accordance 35 10 with section 99F.10, subsection 4, and section 99F.10A. The 35 11 costs shall be not more than the department's estimated 35 12 expenditures, including salary adjustment, for riverboat 35 13 enforcement for the fiscal year. The costs billed to the 35 14 riverboats shall not be more than $1,280,000 in excess of the 35 15 amount billed to the riverboats in the fiscal year beginning 35 16 July 1, 2001. Racetrack enforcement costs shall be billed in 35 17 accordance with section 99D.14, subsection 7, and section 35 18 99D.14A. The costs shall be not more than the department's 35 19 estimated expenditures, including salary adjustment, for 35 20 racetrack enforcement for the fiscal year. The costs billed 35 21 to the racetracks shall not be more than $420,000 in excess of 35 22 the amount billed to the racetracks in the fiscal year 35 23 beginning July 1, 2001. 35 24 Sec. 66. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 2002 35 25 Iowa Acts, Senate File 2326, section 175, subsection 14, if 35 26 enacted, is amended by striking the subsection. 35 27 Sec. 67. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 35 28 Notwithstanding section 312.2, subsection 14, the amount 35 29 appropriated from the general fund of the state under section 35 30 312.2, subsection 14, to the state department of 35 31 transportation for public transit assistance under chapter 35 32 324A for the fiscal year beginning July 1, 2001, and ending 35 33 June 30, 2002, is reduced by the following amount: 35 34 .................................................. $ 1,107,938 35 35 Sec. 68. Chapter 2A, Code 2001, is repealed. 36 1 Sec. 69. EFFECTIVE DATE – CONTINGENCY – REPORT TO CODE 36 2 EDITOR. The section of this division of this Act amending 36 3 section 249A.3, relating to the optional category of 36 4 individuals covered under the medical assistance program 36 5 relating to persons with disabilities who have earned income, 36 6 takes effect only if the department does not win the appeal 36 7 against the centers for Medicare and Medicaid of the United 36 8 States department of health and human services relating to the 36 9 state plan amendment. The department shall notify the Code 36 10 editor when the department is notified of a decision on the 36 11 appeal in order to identify an effective date. 36 12 Sec. 70. EFFECTIVE DATE. The section in this Act relating 36 13 to dental services for adults under the medical assistance 36 14 program, being deemed of immediate importance, takes effect 36 15 upon enactment. 36 16 Sec. 71. EFFECTIVE DATE. The section of this division of 36 17 this Act that amends 2001 Iowa Acts, chapter 182, section 7, 36 18 being deemed of immediate importance, takes effect upon 36 19 enactment. 36 20 Sec. 72. EFFECTIVE DATE. The provision of this division 36 21 of this Act amending 2001 Iowa Acts, chapter 191, section 14, 36 22 relating to the department of human services exceeding its 36 23 budget target for group foster care by up to twenty percent in 36 24 fiscal year 2001-2002. 36 25 DIVISION III 36 26 CORRECTIVE AMENDMENTS 36 27 Sec. 73. Section 8.55, subsection 2, paragraph d, if 36 28 enacted by 2002 Iowa Acts, House File 2075, section 1, is 36 29 amended to read as follows: 36 30 d. Notwithstanding paragraph "a", any moneys in excess of 36 31 the maximum balance in the economic emergency fund after the 36 32 distribution of the surplus in the general fund of the state 36 33 at the conclusion of each fiscal year and after the 36 34 appropriateamountamounts have been transferred pursuant to 36 35 paragraphs "b" and "c" shall not be transferred to the general 37 1 fund of the state but shall be transferred to the endowment 37 2 for Iowa's health account of the tobacco settlement trust 37 3 fund. The total amount transferred, in the aggregate, under 37 4 this paragraph for all fiscal years shall not exceed the 37 5 difference between fifty-one million five hundred thousand 37 6 dollars and the amounts transferred to the endowment for 37 7 Iowa's health account to repay the amounts transferred or 37 8 appropriated from the endowment for Iowa's health account in 37 9 2002 Iowa Acts, House File 2245, 2002 Iowa Acts, Senate File 37 10 2304, and 2002 Iowa Acts, Senate File 2315. 37 11 Sec. 74. Section 10D.1, unnumbered paragraph 1, as enacted 37 12 by 2002 Iowa Acts, Senate File 2210, section 3, is amended to 37 13 read as follows: 37 14 As used in thissectionchapter, unless the context 37 15 otherwise requires: 37 16 Sec. 75. Section 15E.42, subsection 3, as enacted by 2002 37 17 Iowa Acts, House File 2271, section 2, is amended to read as 37 18 follows: 37 19 3. "Investor" means an individual making a cash investment 37 20 in a qualifying business or a person making a cash investment 37 21 in a community-based seed capital fund. "Investor" does not 37 22 include a person which is a current or previous owner, member, 37 23 or shareholder in aqualifiedqualifying business. 37 24 Sec. 76. Section 15E.43, subsection 1, paragraph a, as 37 25 enacted by 2002 Iowa Acts, House File 2271, section 3, is 37 26 amended to read as follows: 37 27 a. For tax years beginning on or after January 1, 2002, a 37 28 tax credit shall be allowed against the taxes imposed in 37 29 chapter 422, division II, for a portion of an individual 37 30 taxpayer's equity investment, as provided in subsection 2, in 37 31 aqualifiedqualifying business. An individual shall not 37 32 claim a tax credit under this paragraph of a partnership, 37 33 limited liability company, S corporation, estate, or trust 37 34 electing to have income taxed directly to the individual. 37 35 Sec. 77. Section 15E.224, subsection 1, as enacted by 2002 38 1 Iowa Acts, House File 2078, section 4, is amended to read as 38 2 follows: 38 3 1. An Iowa capital investment corporation may be organized 38 4 as a private, not-for-profit corporation under chapter 504A. 38 5 The Iowa capital investment corporation is not a public 38 6 corporation or instrumentality of the state and shall not 38 7 enjoy any of the privileges and shall not be required to 38 8 comply with the requirements of a state agency. Except as 38 9 otherwise provided in this division, this division does not 38 10 exempt the corporation from the requirements under state law 38 11 which apply to other corporations organized under chapter 38 12 504A. The purposes of an Iowa capital investment corporation 38 13 shall be to organize the Iowa fund of funds, to select a 38 14 venture capital investment fund allocation manager to select 38 15 venture capital fund investments by the Iowa fund of funds, to 38 16 negotiate the terms of a contract with the venture capital 38 17 investment fund allocation manager, to execute the contract 38 18 with the selected venture capital investment fund allocation 38 19 manager on behalf of the Iowa fund of funds, to receive 38 20 investment returns from the Iowa fund of funds, and to 38 21 reinvest the investment returns in additional venture capital 38 22 investments designed to result in a significant potential to 38 23 create jobs and to diversify and stabilize the economy of the 38 24 state. The corporation shall not exercise governmental 38 25 functions and shall not have members. The obligations of the 38 26 corporation are not obligations of this state or any political 38 27 subdivision of this state within the meaning of any 38 28 constitutional or statutory debt limitations, but are 38 29 obligations of the corporation payable solely and only from 38 30 the corporation's funds. The corporation shall not and cannot 38 31 pledge the credit or taxing power of this state or any 38 32 political subdivision of this state or make its debts payable 38 33 out of any moneys except those of the corporation. 38 34 Sec. 78. Section 29A.90, subsection 3, if enacted by 2002 38 35 Iowa Acts, Senate File 2124, section 24, is amended to read as 39 1 follows: 39 2 3. "Military service" means full-time active state service 39 3 or state active duty, as defined in section 29A.1, for a 39 4 period of at least ninety consecutive days, commencing on or 39 5 after the effective date of this division of this Act. 39 6 Sec. 79. Section 41.1, subsection 28, Code 2001, as 39 7 amended by 2001 Iowa Acts, First Extraordinary Session, 39 8 chapter 1, section 2, is amended to read as follows: 39 9 28. The twenty-eighth representative district in Dubuque 39 10 county shall consist of those portions of Dubuque and Table 39 11 Mound townships and the city of Dubuque bounded by a line 39 12 commencing at the point Asbury road intersects the east 39 13 corporate limit of the city of Asbury, then proceeding first 39 14 south, and then in a clockwise manner along the corporate 39 15 limits of the city of Asbury until it intersects thewesteast 39 16 boundary ofDubuqueCenter township, then proceeding first 39 17 south, and then in a clockwise manner along thewestboundary 39 18 ofDubuqueCenter township until it intersects the east 39 19 boundary of Vernon township and the corporate limits of the 39 20 city of Dubuque, then proceeding firstwestsouth, and then in 39 21 a counterclockwise manner along the corporate limits of the 39 22 city of Dubuque until it intersects the south boundary of 39 23 Dubuque township, then proceeding east along the south 39 24 boundary of Dubuque township until it intersects the corporate 39 25 limits of the city of Dubuque, then proceeding first east, and 39 26 then in a counterclockwise manner along the corporate limits 39 27 of the city of Dubuque until it intersects the east boundary 39 28 of Table Mound township, then proceeding north along the 39 29 boundary of Table Mound township until it intersects the 39 30 corporate limits of the city of Dubuque, then proceeding first 39 31 east, and then in a counterclockwise manner along the 39 32 corporate limits of the city of Dubuque until it intersects 39 33 the Peosta channel of the Mississippi river, then proceeding 39 34 southwesterly along the Peosta channel until it intersects 39 35 East Sixteenth street, then proceeding southwesterly along 40 1 East Sixteenth street until it intersects Kerper boulevard, 40 2 then proceeding northerly along Kerper boulevard until it 40 3 intersects Fengler street, then proceeding northwest along 40 4 Fengler street until it intersects the I & M Rail Link tracks, 40 5 then proceeding southwest along the I & M Rail Link tracks 40 6 until it intersects the extension of Stafford street, then 40 7 proceeding westerly along the extension of Stafford street 40 8 until it intersects Garfield avenue, then proceeding southwest 40 9 along Garfield avenue until it intersects East Twentieth 40 10 street, then proceeding southwesterly along East Twentieth 40 11 street until it intersects Central avenue, then proceeding 40 12 northwest along Central avenue until it intersects West 40 13 Twenty-third street, then proceeding southwesterly along West 40 14 Twenty-third street until it intersects Valeria street, then 40 15 proceeding northwesterly along Valeria street until it 40 16 intersects Kaufmann avenue, then proceeding southeast along 40 17 Kaufmann avenue until it intersects Hempstead street, then 40 18 proceeding southwest along Hempstead street until it 40 19 intersects Montcrest street, then proceeding westerly along 40 20 Montcrest street until it intersects Portland street, then 40 21 proceeding southwest along Portland street until it intersects 40 22 Abbott street, then proceeding south along Abbott street until 40 23 it intersects Lowell street, then proceeding east along Lowell 40 24 street until it intersects Harold street, then proceeding 40 25 south along Harold street until it intersects Clarke drive, 40 26 then proceeding easterly along Clarke drive until it 40 27 intersects Foye street, then proceeding southerly along Foye 40 28 street until it intersects West Locust street, then proceeding 40 29 west along West Locust street until it intersects Kirkwood 40 30 street, then proceeding southwest along Kirkwood street until 40 31 it intersects Cox street, then proceeding southeast along Cox 40 32 street until it intersects Loras boulevard, then proceeding 40 33 southwest along Loras boulevard until it intersects Wood 40 34 street, then proceeding southeast along Wood street until it 40 35 intersects University avenue, then proceeding east along 41 1 University avenue until it intersects Delhi street, then 41 2 proceeding southwest along Delhi street until it intersects 41 3 West Fifth street, then proceeding southeast along West Fifth 41 4 street until it intersects College street, then proceeding 41 5 southerly along College street until it intersects West Third 41 6 street, then proceeding southwest along West Third street 41 7 until it intersects North Grandview avenue, then proceeding 41 8 south along North Grandview avenue until it intersects Hale 41 9 street, then proceeding west along Hale street until it 41 10 intersects North Algona street, then proceeding north along 41 11 North Algona street until it intersects Bennett street, then 41 12 proceeding west along Bennett street until it intersects 41 13 McCormick street, then proceeding northerly along McCormick 41 14 street until it intersects Mineral street, then proceeding 41 15 west along Mineral street until it intersects O'Hagen street, 41 16 then proceeding north along O'Hagen street until it intersects 41 17 Pearl street, then proceeding west along Pearl street until it 41 18 intersects Finley street, then proceeding northwest along 41 19 Finley street until it intersects University avenue, then 41 20 proceeding northeast along University avenue until it 41 21 intersects Asbury road, then proceeding northwesterly along 41 22 Asbury road until it intersects Wilbricht lane, then 41 23 proceeding west along Wilbricht lane until it intersects Flora 41 24 Park road, then proceeding southwesterly along Flora Park road 41 25 until it intersects Pennsylvania avenue, then proceeding west 41 26 along Pennsylvania avenue until it intersects Churchill drive, 41 27 then proceeding north along Churchill drive until it 41 28 intersects St. Anne drive, then proceeding west along St. 41 29 Anne drive until it intersects Carter road, then proceeding 41 30 north along Carter road until it intersects Hillcrest road, 41 31 then proceeding west along Hillcrest road until it intersects 41 32 John F. Kennedy road, then proceeding north along John F. 41 33 Kennedy road until it intersects Hillcrest road, then 41 34 proceeding west along Hillcrest road until it intersects Key 41 35 Largo drive, then proceeding south along Key Largo drive until 42 1 it intersects Keymeer drive, then proceeding east along 42 2 Keymeer drive until it intersects Key Way drive, then 42 3 proceeding south along Key Way drive until it intersects the 42 4 north fork of Catfish creek, then proceeding west along the 42 5 north fork of Catfish creek until it intersects the extension 42 6 of Winne court, then proceeding north along Winne court and 42 7 its extension until it intersects Hillcrest road, then 42 8 proceeding east along Hillcrest road until it intersects the 42 9 north branch of the north fork of Catfish creek, then 42 10 proceeding northwesterly along the north branch of the north 42 11 fork of Catfish creek until it intersects the northwest branch 42 12 of the north fork of Catfish creek, then proceeding northwest 42 13 along the northwest branch of the north fork of Catfish creek 42 14 until it intersects Asbury road, then proceeding west along 42 15 Asbury road to the point of origin. 42 16 Sec. 80. Section 53.7, subsection 2, Code 2001, as amended 42 17 by 2002 Iowa Acts, House File 2409, section 11, is amended to 42 18 read as follows: 42 19 2. It is unlawful for any public officer or employee, or 42 20 any person acting under color of a public officer or employee, 42 21 to knowingly require a public employee to solicit an 42 22 application or requestforan application for an absentee 42 23 ballot, or to knowinglyrequires thatrequire an employee to 42 24 take an affidavit or request for an affidavit in connection 42 25 with an absentee ballot application. 42 26 Sec. 81. Section 256F.4, subsections 1 and 3, if enacted 42 27 by 2002 Iowa Acts, Senate File 348, section 4, are amended to 42 28 read as follows: 42 29 1. Within fifteen days after approval of a charter school 42 30 application submitted in accordance with section 256F.3, 42 31 subsection 2, a school board shall report to the department 42 32 the name of the charter school applicantentry, the proposed 42 33 charter school location, and its projected enrollment. 42 34 3. A charter school shall not discriminate in its student 42 35 admissions policies or practices on the basis of intellectual 43 1 or athletic ability, measures of achievement or aptitude, or 43 2 status as a person with a disability. However, a charter 43 3 school may limit admission to students who are within a 43 4 particular range ofageages or gradelevellevels or on any 43 5 other basis that would be legal if initiated by a school 43 6 district. Enrollment priority shall be given to the siblings 43 7 of students enrolled in a charter school. 43 8 Sec. 82. Section 303A.7, subsection 1, as enacted by 2002 43 9 Iowa Acts, House File 2571, section 8, is amended to read as 43 10 follows: 43 11 1. An Iowa cultural trust grant account is created in the 43 12 office of the treasurer of state under the control of the 43 13 board to receive interest attributable to the investment of 43 14 trust fund moneys as required by section 303A.4, subsection 4. 43 15 The moneys in the grant account are appropriated to the board 43 16 for purposes of the Iowa cultural trust created in section 43 17 303A.4. Moneys in the grant account shall not be subject to 43 18 appropriation for any other purpose by the general assembly, 43 19 but shall be used only for the purposes of the Iowa cultural 43 20 trust. The treasurer of state shall act as custodian of the 43 21 grant account and disburse moneys contained in the grant 43 22 account as directed by the board. The board shall make 43 23 expenditures from the grant account consistent with the 43 24 purposes of the Iowa cultural trust. 43 25 Sec. 83. Section 356.36A, as enacted by 2002 Iowa Acts, 43 26 Senate File 2278, section 1, is amended to read as follows: 43 27 356.36A CONFINEMENT AND DETENTION REPORT – DESIGN 43 28 PROPOSALS. 43 29 The division of criminal and juvenile justice planning of 43 30 the department of human rights, in consultation with the 43 31 department of corrections, the Iowa county attorneys 43 32 association, the Iowa state sheriff's association, the Iowa 43 33 association of chiefs of police and peace officers, a 43 34 statewide organization representing rural property taxpayers, 43 35 the Iowa league of cities, and the Iowa board of supervisors 44 1 association, shall prepare a report analyzing the confinement 44 2 and detention needs of jails and facilities established 44 3 pursuant tochapterchapters 356 and 356A. The report for 44 4 each type of jail or facility shall include but is not limited 44 5 to an inventory of prisoner space, daily prisoner counts, 44 6 options for detention of prisoners with mental illness or 44 7 substance abuse service needs, and the compliance status under 44 8 section 356.36 for each jail or facility. The report shall 44 9 contain an inventory of recent jail or facility construction 44 10 projects in which voters have approved the issuance of general 44 11 obligation bonds, essential county purpose bonds, revenue 44 12 bonds, or bonds issued pursuant to chapter 422B. The report 44 13 shall be revised periodically as directed by the administrator 44 14 of the division of criminal and juvenile justice planning. 44 15 The first submission of the report shall include 44 16 recommendations on offender data needed to estimate jail space 44 17 needs in the next two, three, and five years, on a county, 44 18 geographic region, and statewide basis, which may be based 44 19 upon information submitted pursuant to section 356.49. 44 20 Sec. 84. Section 359.49, subsection 7A, unnumbered 44 21 paragraph 1, as enacted by 2002 Iowa Acts, House File 2448, 44 22 section 1, is amended to read as follows: 44 23 A township that has entered into an agreement with a 44 24 municipality to receive fire protection service or emergency 44 25 medical service from the municipality may request that a 44 26 portion of its taxes be paid directly to the municipality 44 27 providing the fire protection service or emergency medical 44 28 service. Each year, the township must note its request on the 44 29 budget and must attach a copy of the emergency services 44 30 agreement to each copy of the budget transmitted to the county 44 31 auditor. The auditor shall direct the county treasurer as to 44 32 what portion of the township taxes to disburse to the 44 33 municipality providing the fire protection service or 44 34 emergency medical service. 44 35 Sec. 85. Section 453A.58, subsection 1, paragraph a, as 45 1 created in 2002 Iowa Acts, Senate File 2317, section 4, if 45 2 enacted, is amended to read as follows: 45 3 a. The tobacco product manufacturer of the brand, or any 45 4 predecessor tobacco product manufacturer of the brand, is a 45 5 participating manufacturerin compliance withas described in 45 6 section 453C.2, subsection 1. 45 7 Sec. 86. Section 453A.58, subsection 2, as created in 2002 45 8 Iowa Acts, Senate File 2317, section 4, if enacted, is amended 45 9 to read as follows: 45 10 2. A distributor shall not affix stamps or cause stamps to 45 11 be affixed to individual packages of any brand of cigarettes, 45 12 subsequent to notice to the distributor by the department of 45 13 revenue and finance that the tobacco product manufacturer is 45 14in violation of chapter 453Cnot in compliance with subsection 45 15 1 with reference to that brand. 45 16 Sec. 87. Section 453A.59, subsection 1, paragraph a, as 45 17 created in 2002 Iowa Acts, Senate File 2317, section 5, if 45 18 enacted, is amended to read as follows: 45 19 a. A participating manufacturerpursuant todescribed in 45 20 section 453C.2, subsection 1. 45 21 Sec. 88. Section 490.732, subsection 4, if enacted by 2002 45 22 Iowa Acts, House File 2509, section 22, is amended to read as 45 23 follows: 45 24 4. An agreement authorized by this section shall cease to 45 25 be effective when shares of the corporation are listed on a 45 26 national securities exchange or regularlytracedtraded in a 45 27 market maintained by one or more members of a national or 45 28 affiliated securities association. If the agreement ceases to 45 29 be effective for any reason, the board of directors may, if 45 30 the agreement is contained or referred to in the corporation's 45 31 articles of incorporation or bylaws, adopt an amendment to the 45 32 articles of incorporation or bylaws, without shareholder 45 33 action, to delete the agreement and any references to it. 45 34 Sec. 89. Section 490.853, subsection 3, unnumbered 45 35 paragraph 1, if enacted by 2002 Iowa Acts, House File 2509, 46 1 section 47, is amended to read as follows: 46 2 Authorizations under this section shall be made according 46 3 totheone of the following: 46 4 Sec. 90. Section 490.1003, subsection 2, if enacted by 46 5 2002 Iowa Acts, House File 2509, section 56, is amended to 46 6 read as follows: 46 7 2. Except as provided insectionsections 490.1005, 46 8 490.1007, and 490.1008, after adopting the proposed amendment, 46 9 the board of directors must submit the amendment to the 46 10 shareholders for their approval. The board of directors must 46 11 also transmit to the shareholders a recommendation that the 46 12 shareholders approved the amendment, unless the board of 46 13 directors makes a determination that because of conflicts of 46 14 interest or other special circumstances it should not make 46 15 such a recommendation, in which case the board of directors 46 16 must transmit to the shareholders the basis for the 46 17 determination. 46 18 Sec. 91. Section 490.1303, subsection 2, paragraph b, Code 46 19 2001, as amended by 2002 Iowa Acts, House File 2509, section 46 20 80, if enacted, is amended to read as follows: 46 21 b. Does so with respect to all shares of the classofor 46 22 series that are beneficially owned by the beneficial 46 23 shareholder. 46 24 Sec. 92. Section 524.814, Code 2001, is amended to read as 46 25 follows: 46 26 524.814 PLEDGE OF ASSETS. 46 27 Pursuant to a resolution of its board of directors, a state 46 28 bank may lend or pledge its assets for the following purposes, 46 29 and for no other purposes: 46 30 1. To secure deposits of the state bank or a bank that is 46 31 an affiliate of the state bank when a customer is required to 46 32 obtain such security, or a bank is required to provide 46 33 security, by the laws of the United States, by any agency or 46 34 instrumentality of the United States, by the laws of the state 46 35 of Iowa, by the state board of regents, by a resolution or 47 1 ordinance relating to the issuance of bonds, by the terms of 47 2 any interstate compact or by order of any court of competent 47 3 jurisdiction. The lending of securities to a bank that is an 47 4 affiliate, or the pledging of securities for the account of a 47 5 bank that is an affiliate, shall be on terms and conditions 47 6 that are consistent with safe and sound banking practices. 47 7 2. To secure money borrowed by the state bank, provided 47 8 that capital notes or debentures issued pursuant to section 47 9 524.404 shall not in any event be secured by a pledge of 47 10 assets or otherwise. 47 11 3. To secure participations sold to the federal 47 12 agricultural mortgage corporation. 47 13 Sec. 93. Section 633.4213, subsection 1, Code Supplement 47 14 2001, as amended by 2002 Iowa Acts, House File 2531, section 47 15 12, if enacted, is amended to read as follows: 47 16 1. The trustee shall inform each qualified beneficiary of 47 17theirthe beneficiary's right to receive an annual accounting 47 18 and a copy of the trust instrument. The trustee shall also 47 19 inform each qualified beneficiary about the process necessary 47 20 to obtain an annual accounting or a copy of the trust 47 21 instrument, if not provided. The trustee shall further inform 47 22 the beneficiary whether the beneficiary will, or will not, 47 23 receive an annual accounting if the beneficiary fails to take 47 24 any action. If a beneficiary has previously been provided the 47 25 notice required by this section, additional notice shall not 47 26 be required due to a change of trustees or a change in the 47 27 composition of the qualified beneficiaries. 47 28 Sec. 94. Section 724.26, as amended by 2002 Iowa Acts, 47 29 House File 2363, section 4, is amended to read as follows: 47 30 724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION 47 31 AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS. 47 32 A person who is convicted of a felony in a state or federal 47 33 court, or who is adjudicated delinquent on the basis of 47 34 conduct that would constitute a felony if committed by an 47 35 adult, and who knowingly has under the person's dominion and 48 1 control or possession,orreceives, or transports or causes to 48 2 be transported a firearm or offensive weapon is guilty of a 48 3 class "D" felony. 48 4 Sec. 95. 2001 Iowa Acts, chapter 174, section 1, 48 5 subsection 1, unnumbered paragraph 3, as enacted by 2002 Iowa 48 6 Acts, Senate File 2315, section 4, is amended to read as 48 7 follows: 48 8 For the fiscal year beginning July 1, 2002, and ending June 48 9 30, 2003, of the $75,000,000 to be deposited in the endowment 48 10 for Iowa's health account of the tobacco settlement trust fund 48 11 under this subsection,the first$20,000,000 is appropriated 48 12 to the department of management to pay that part of foundation 48 13 aid which represents the allowable growth amounts for all 48 14 school districts. An appropriation from the general fund of 48 15 the state for foundation aid which is supplanted by the 48 16 appropriation made in this subsection, shall be reduced by the 48 17 amount of the appropriation which supplants it. 48 18 Sec. 96. 2002 Iowa Acts, Senate File 348, section 14, if 48 19 enacted, is amended to read as follows: 48 20 SEC. 14. EXPEDITED APPLICATION PROCEDURE. The state board 48 21 of education shall develop an expedited charter school 48 22 application procedure for the fiscal year beginning July 1, 48 2320032002, for purposes of receiving federal planning funds 48 24 issued pursuant to the federal Elementary and Secondary 48 25 Education Act of 1965, Title X, Part C, as codified in 20 48 26 U.S.C. } 8061-8067. 48 27 Sec. 97. 2002 Iowa Acts, Senate File 2326, section 38, 48 28 subsection 2, if enacted, is amended to read as follows: 48 29 2. If House File25242617 is enacted by the Seventy-ninth 48 30 General Assembly, 2002 Session, the amount appropriated in 48 31 subsection 1 shall be increased by $38,000. The increased 48 32 amount shall be used to fill a vacant position in the dairy 48 33 products control bureau. 48 34 Sec. 98. 2002 Iowa Acts, Senate File 2326, section 175, 48 35 subsection 2, unnumbered paragraph 2, if enacted, is amended 49 1 to read as follows: 49 2 If total approved claims for reimbursement for nonpublic 49 3 school pupil transportation claims exceed the amount 49 4 appropriated in thissectionsubsection, the department of 49 5 education shall prorate the amount of each claim. 49 6 Sec. 99. 2002 Iowa Acts, House File 2378, section 10, 49 7 subsection 1, if enacted, is amended to read as follows: 49 8 1. Section 4 of this Act, amending section 15E.193C, 49 9 subsections 2, 5, and 10, Code Supplement 2001, being deemed 49 10 of immediate importance, takes effect April 30, 2002, and, if 49 11 approved by the governor after April 30, 2002, shall apply 49 12 retroactively to April 30, 2002. 49 13 Sec. 100. 2002 Iowa Acts, Senate File 2275, sections 170 49 14 through 174, if enacted, are repealed. 49 15 Sec. 101. 2002 Iowa Acts, House File 2453, section 6, if 49 16 enacted, is repealed. 49 17 Sec. 102. EFFECTIVE DATE. The sections in this division 49 18 of this Act amending new Code section 29A.90, subsection 3, 49 19 and 2002 Iowa Acts, Senate File 348, section 14, being deemed 49 20 of immediate importance, take effect upon enactment. 49 21 Sec. 103. CONTINGENT EFFECTIVE DATE. The section in this 49 22 division of this Act amending section 524.814 is effective 49 23 contingent upon the enactment of 2002 Iowa Acts, House File 49 24 681. 49 25 DIVISION IV 49 26 MH/MR/DD – FY 2003-2004 ALLOWED GROWTH 49 27 Sec. 104. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 49 28 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 49 29 AND ALLOCATIONS – FISCAL YEAR 2003-2004. There is 49 30 appropriated from the general fund of the state to the 49 31 department of human services for the fiscal year beginning 49 32 July 1, 2003, and ending June 30, 2004, the following amount, 49 33 or so much thereof as is necessary, to be used for the purpose 49 34 designated: 49 35 For distribution to counties of the county mental health, 50 1 mental retardation, and developmental disabilities allowed 50 2 growth factor adjustment, as provided in this section in lieu 50 3 of the provisions of section 331.438, subsection 2, and 50 4 section 331.439, subsection 3, and chapter 426B: 50 5 .................................................. $ 19,073,638 50 6 1. The funding appropriated in this section is the allowed 50 7 growth factor adjustment for fiscal year 2003-2004, and is 50 8 allocated as follows: 50 9 a. For distribution as provided in this section: 50 10 .................................................. $ 17,073,638 50 11 b. For deposit in the risk pool created in the property 50 12 tax relief fund and for distribution in accordance with 50 13 section 426B.5, subsection 2: 50 14 .................................................. $ 2,000,000 50 15 2. The following formula amounts shall be utilized only to 50 16 calculate preliminary distribution amounts for fiscal year 50 17 2003-2004 under this section by applying the indicated formula 50 18 provisions to the formula amounts and producing a preliminary 50 19 distribution total for each county: 50 20 a. For calculation of an allowed growth factor adjustment 50 21 amount for each county in accordance with the formula in 50 22 section 331.438, subsection 2, paragraph "b": 50 23 .................................................. $ 12,000,000 50 24 b. For calculation of a distribution amount for eligible 50 25 counties from the per capita expenditure target pool created 50 26 in the property tax relief fund in accordance with the 50 27 requirements in section 426B.5, subsection 1: 50 28 .................................................. $ 12,492,712 50 29 c. For calculation of a distribution amount for counties 50 30 from the mental health and developmental disabilities (MH/DD) 50 31 community services fund in accordance with the formula 50 32 provided in 2002 Iowa Acts, Senate File 2326, section 119, 50 33 subsection 1: 50 34 .................................................. $ 18,127,352 50 35 3. Notwithstanding any contrary provisions of sections 51 1 225C.7, 331.438, subsection 2, 331.439, subsection 3, and 51 2 426B.5, the moneys allocated for distribution in subsection 1, 51 3 paragraph "b", and in any other Act of the Eightieth General 51 4 Assembly, 2003 Session, for distribution to counties in the 51 5 fiscal year beginning July 1, 2003, for purposes of the mental 51 6 health and developmental disabilities (MH/DD) community 51 7 services fund under section 225C.7, and for the allowed growth 51 8 factor adjustment for services paid under a county's section 51 9 331.424A mental health, mental retardation, and developmental 51 10 disabilities services fund and as calculated under subsection 51 11 2 to produce preliminary distribution amounts for counties 51 12 shall be subject to withholding as provided in this section. 51 13 4. After applying the applicable statutory distribution 51 14 formulas to the amounts indicated in subsection 2 for purposes 51 15 to produce preliminary distribution totals, the department of 51 16 human services shall apply a withholding factor to adjust an 51 17 eligible individual county's preliminary distribution total. 51 18 An ending balance percentage for each county shall be 51 19 determined by expressing the county's ending balance on a 51 20 modified accrual basis under generally accepted accounting 51 21 principles for the fiscal year beginning July 1, 2002, in the 51 22 county's mental health, mental retardation, and developmental 51 23 disabilities services fund created under section 331.424A, as 51 24 a percentage of the county's gross expenditures from that fund 51 25 for that fiscal year. The withholding factor for a county 51 26 shall be the following applicable percent: 51 27 a. For an ending balance percentage of less than 10 51 28 percent, a withholding factor of 0 percent. 51 29 b. For an ending balance percentage of 10 through 24 51 30 percent, a withholding factor of 25 percent. 51 31 c. For an ending balance percentage of 25 through 34 51 32 percent, a withholding factor of 60 percent. 51 33 d. For an ending balance percentage of 35 through 44 51 34 percent, a withholding factor of 85 percent. 51 35 e. For an ending balance percentage of 45 percent or more, 52 1 a withholding factor of 100 percent. 52 2 5. The total withholding amounts applied pursuant to 52 3 subsection 4 shall be equal to a withholding target amount of 52 4 $7,419,074 and the appropriation enacted by the Eightieth 52 5 General Assembly, 2003 Session, for the MH/DD community 52 6 services fund shall be reduced by the amount necessary to 52 7 attain the withholding target amount. If the department of 52 8 human services determines that the amount to be withheld in 52 9 accordance with subsection 4 is not equal to the target 52 10 withholding amount, the department shall adjust the 52 11 withholding factors listed in subsection 4 as necessary to 52 12 achieve the withholding target amount. However, in making 52 13 such adjustments to the withholding factors, the department 52 14 shall strive to minimize changes to the withholding factors 52 15 for those ending balance percentage ranges that are lower than 52 16 others and shall not adjust the zero withholding factor 52 17 specified in subsection 4, paragraph "a". 52 18 6. A county must comply with both the requirements listed 52 19 in this subsection to be eligible to receive a funding 52 20 distribution under this section. The amount that would 52 21 otherwise be available for distribution to a county that fails 52 22 to so comply shall be proportionately distributed among the 52 23 eligible counties. Both of the following requirements are 52 24 applicable: 52 25 a. A county must comply with the December 1, 2003, filing 52 26 deadline for the county annual financial report in accordance 52 27 with section 331.403. 52 28 b. A county must levy the not less than 70 percent of the 52 29 maximum amount allowed for the county's mental health, mental 52 30 retardation, and developmental disabilities services fund 52 31 under section 331.424A for taxes due and payable in the fiscal 52 32 year beginning July 1, 2003. 52 33 7. The department of human services shall authorize the 52 34 issuance of warrants payable to the county treasurer for the 52 35 distribution amounts due the counties eligible under this 53 1 section and notwithstanding prior practice for the MH/DD 53 2 community services fund, the warrants shall be issued in 53 3 January 2004. 53 4 DIVISION V 53 5 APPROPRIATION ADJUSTMENTS 53 6 Sec. 105. SECRETARY OF STATE. 2002 Iowa Acts, Senate File 53 7 2326, section 23, subsection 2, if enacted, is amended to read 53 8 as follows: 53 9 2. BUSINESS SERVICES 53 10 For salaries, support, maintenance, miscellaneous purposes, 53 11 and for not more than the following full-time equivalent 53 12 positions: 53 13 .................................................. $1,433,23553 14 1,533,235 53 15 ............................................... FTEs 32.00 53 16 Sec. 106. 2002 Iowa Acts, Senate File 2326, section 79, 53 17 subsections 17 and 18, if enacted, are amended to read as 53 18 follows: 53 19 17. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 53 20 For purposes, as provided in law, of the student 53 21 achievement and teacher quality program established pursuant 53 22 to chapter 284: 53 23 .................................................. $7,750,00053 24 16,100,000 53 25 Notwithstanding section 8.33, any moneys remaining 53 26 unencumbered or unobligated from the moneys allocated as 53 27 provided in this subsection shall not revert but shall remain 53 28 available in the succeeding fiscal year for expenditure for 53 29 the purposes designated. The provisions of section 8.39 shall 53 30 not apply to the funds appropriated pursuant to this 53 31 subsection. 53 32 18. COMMUNITY COLLEGES 53 33 For general state financial aid, including general 53 34 financial aid to merged areas in lieu of personal property tax 53 35 replacement payments, to merged areas as defined in section 54 1 260C.2, for vocational education programs in accordance with 54 2 chapters 258 and 260C: 54 3 .................................................. $137,585,68054 4 138,585,680 54 5 The funds appropriated in this subsection shall be 54 6 allocated as follows: 54 7 a. Merged Area I ............................. $6,602,82054 8 6,650,811 54 9 b. Merged Area II ............................ $7,755,90054 10 7,812,271 54 11 c. Merged Area III ........................... $7,205,05554 12 7,257,423 54 13 d. Merged Area IV ............................ $3,521,67854 14 3,547,274 54 15 e. Merged Area V ............................. $7,367,78554 16 7,421,336 54 17 f. Merged Area VI ............................ $6,826,11354 18 6,875,727 54 19 g. Merged Area VII ........................... $9,849,17454 20 9,920,760 54 21 h. Merged Area IX ............................ $12,113,77054 22 12,201,815 54 23 i. Merged Area X ............................. $19,011,04254 24 19,149,218 54 25 j. Merged Area XI ............................ $20,177,55154 26 20,324,204 54 27 k. Merged Area XII ........................... $7,949,36754 28 8,007,145 54 29 l. Merged Area XIII .......................... $8,174,34854 30 8,233,761 54 31 m. Merged Area XIV ........................... $3,563,67054 32 3,589,571 54 33 n. Merged Area XV ............................ $11,213,61654 34 11,295,119 54 35 o. Merged Area XVI ........................... $6,253,79155 1 6,299,245 55 2 Sec. 107. REGENTS INSTITUTIONS. The amounts appropriated 55 3 from the general fund of the state to the state board of 55 4 regents for the state university of Iowa, the Iowa state 55 5 university of science and technology, and the university of 55 6 northern Iowa, in 2002 Iowa Acts, Senate File 2326, section 55 7 81, subsections 2, 3, and 4, if enacted, for the fiscal year 55 8 beginning July 1, 2002, and ending June 30, 2003, are reduced 55 9 by the following amount: 55 10 .................................................. $ 5,000,000 55 11 The state board of regents shall apply the reduction made 55 12 in this section to the appropriations made to the indicated 55 13 institutions in a manner so that an institution's 55 14 appropriation is reduced in proportion to the amount the 55 15 institution's appropriation in 2002 Iowa Acts, Senate File 55 16 2326, section 81, bears to the total amount appropriated in 55 17 that section to the three institutions. 55 18 Sec. 108. MEDICAL ASSISTANCE. 2002 Iowa Acts, Senate File 55 19 2326, section 104, unnumbered paragraph 2, if enacted, is 55 20 amended to read as follows: 55 21 For medical assistance reimbursement and associated costs 55 22 as specifically provided in the reimbursement methodologies in 55 23 effect on June 30, 2002, except as otherwise expressly 55 24 authorized by law, including reimbursement for abortion 55 25 services, which shall be available under the medical 55 26 assistance program only for those abortions which are 55 27 medically necessary: 55 28 .................................................. $416,607,07355 29 412,907,073 55 30 Sec. 109. CHILDREN'S HEALTH INSURANCE PROGRAM. 2002 Iowa 55 31 Acts, Senate File 2326, section 106, unnumbered paragraph 2, 55 32 if enacted, is amended to read as follows: 55 33 For maintenance of the healthy and well kids in Iowa (hawk- 55 34 i) program pursuant to chapter 514I for receipt of federal 55 35 financial participation under Title XXI of the federal Social 56 1 Security Act, which creates the state children's health 56 2 insurance program: 56 3 .................................................. $9,958,41256 4 11,458,412 56 5 Sec. 110. 2002 Iowa Acts, Senate File 2326, section 172, 56 6 if enacted, is amended to read as follows: 56 7 SEC. 172. EDUCATIONAL EXCELLENCE. Notwithstanding section 56 8 294A.25, subsection 1, the amount appropriated from the 56 9 general fund of the state under section 294A.25, subsection 1, 56 10 to the department of education for phase III moneys for the 56 11 fiscal year beginning July 1, 2002, and ending June 30, 2003, 56 12 is reduced by the following amount: 56 13 .................................................. $11,750,00056 14 14,000,000 56 15 Sec. 111. UNDERGROUND STORAGE TANK FUND. Notwithstanding 56 16 section 455G.3, subsection 1, there is transferred from the 56 17 Iowa comprehensive petroleum underground storage tank fund 56 18 created in section 455G.3, subsection 1, to the department of 56 19 education during the fiscal year beginning July 1, 2002, and 56 20 ending June 30, 2003, the following amount, to be used for the 56 21 purposes designated: 56 22 For purposes, as provided in law, of the student 56 23 achievement and teacher quality program established pursuant 56 24 to chapter 284: 56 25 .................................................. $ 8,900,000 56 26 Moneys transferred in this section are appropriated to the 56 27 department to be used for the purposes designated. 56 28 Notwithstanding section 8.33, moneys appropriated in this 56 29 section that remain unencumbered or unobligated at the close 56 30 of the fiscal year shall not revert but shall remain available 56 31 for expenditure for the purposes designated until the close of 56 32 the succeeding fiscal year. The provisions of section 8.39 do 56 33 not apply to the moneys appropriated in this section. 56 34 Sec. 112. PREMIUM TAX REVENUES. Notwithstanding any 56 35 provision of law to the contrary, if 2002 Iowa Acts, Senate 57 1 File 2318, is enacted, before any premium tax revenues are 57 2 credited to the general fund of the state for the fiscal year 57 3 beginning July 1, 2002, and ending June 30, 2003, the 57 4 following amount of the revenues first received is 57 5 appropriated to the department of education for the fiscal 57 6 year beginning July 1, 2002, and ending June 30, 2003, to be 57 7 used for the purposes designated: 57 8 For purposes, as provided in law, of the student 57 9 achievement and teacher quality program established pursuant 57 10 to chapter 284: 57 11 .................................................. $ 10,000,000 57 12 Notwithstanding section 8.33, moneys appropriated in this 57 13 section that remain unencumbered or unobligated at the close 57 14 of the fiscal year shall not revert but shall remain available 57 15 for expenditure for the purposes designated until the close of 57 16 the succeeding fiscal year. The provisions of section 8.39 do 57 17 not apply to the moneys appropriated in this section. 57 18 Sec. 113. REBUILD IOWA INFRASTRUCTURE FUND – GAMBLING 57 19 REVENUES. Notwithstanding section 8.57, subsection 5, there 57 20 is transferred from pari-mutuel wagering and gambling revenues 57 21 credited to the rebuild Iowa infrastructure fund created in 57 22 section 8.57, subsection 5, for public vertical infrastructure 57 23 projects, to the department of education for the fiscal year 57 24 beginning July 1, 2002, and ending June 30, 2003, the 57 25 following amount, to be used for the purposes designated: 57 26 For purposes, as provided in law, of the student 57 27 achievement and teacher quality program established pursuant 57 28 to chapter 284: 57 29 .................................................. $ 5,000,000 57 30 Moneys transferred in this section are appropriated to the 57 31 department to be used for the purposes designated. 57 32 Notwithstanding section 8.33, moneys appropriated in this 57 33 section that remain unencumbered or unobligated at the close 57 34 of the fiscal year shall not revert but shall remain available 57 35 for expenditure for the purposes designated until the close of 58 1 the succeeding fiscal year. The provisions of section 8.39 do 58 2 not apply to the moneys appropriated in this section. 58 3 58 4 58 5 58 6 BRENT SIEGRIST 58 7 Speaker of the House 58 8 58 9 58 10 58 11 MARY E. KRAMER 58 12 President of the Senate 58 13 58 14 I hereby certify that this bill originated in the House and 58 15 is known as House File 2623, Seventy-ninth General Assembly. 58 16 58 17 58 18 58 19 MARGARET THOMSON 58 20 Chief Clerk of the House 58 21 Approved , 2002 58 22 58 23 58 24 58 25 THOMAS J. VILSACK 58 26 Governor
Text: HF02622 Text: HF02624 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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