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House File 2625

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 2625
  1  2 
  1  3                             AN ACT
  1  4 ADDRESSING PUBLIC FUNDING PROVISIONS AND PROPERLY RELATED
  1  5    MATTERS BY MAKING, REDUCING, AND TRANSFERRING APPROPRIATIONS,
  1  6    ADJUSTING OTHER EXPENDITURES FOR THE FISCAL YEAR BEGINNING
  1  7    JULY 1, 2001, AND INCLUDING OTHER APPROPRIATIONS, COOPERATIVE
  1  8    TAX CREDITS, AND EFFECTIVE AND RETROACTIVE APPLICABILITY DATE
  1  9    PROVISIONS.  
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13                           DIVISION I
  1 14                     GENERAL FUND TRANSFERS
  1 15    Section 1.  2002 Iowa Acts, Senate File 2304, section 15,
  1 16 is amended to read as follows:
  1 17    SEC. 15.  ENVIRONMENT FIRST FUND.  Notwithstanding section
  1 18 8.57A, subsection 3, there is transferred from the environment
  1 19 first fund created in section 8.57A to the general fund of the
  1 20 state for the fiscal year beginning July 1, 2001, and ending
  1 21 June 30, 2002, the following amount:  
  1 22 .................................................. $  3,000,000
  1 23                                                       4,700,000
  1 24    Sec. 2.  IOWA ECONOMIC EMERGENCY FUND.
  1 25    1.  There is appropriated from the Iowa economic emergency
  1 26 fund created in section 8.55 to the general fund of the state
  1 27 for the fiscal year beginning July 1, 2001, and ending June
  1 28 30, 2002, the following amount, or so much thereof as is
  1 29 necessary:  
  1 30 .................................................. $105,000,000
  1 31    2.  The appropriation made in this section is declared to
  1 32 be made for emergency expenditures as required in section
  1 33 8.55, subsection 3, paragraph "a".
  1 34    Sec. 3.  CASH RESERVE FUND.
  1 35    1.  Notwithstanding section 8.56, subsection 4, paragraph
  2  1 "a", there is appropriated from the cash reserve fund to the
  2  2 general fund of the state for the fiscal year beginning July
  2  3 1, 2001, and ending June 30, 2002, the following amount, or so
  2  4 much thereof as is necessary:  
  2  5 .................................................. $ 90,000,000
  2  6    2.  The appropriation made in this section is declared to
  2  7 be made for nonrecurring emergency expenditures as required in
  2  8 section 8.56, subsections 3 and 4.
  2  9    Sec. 4.  TERMINAL LIABILITY HEALTH INSURANCE FUND.
  2 10 Notwithstanding section 421.46, there is transferred from the
  2 11 terminal liability health insurance fund created in section
  2 12 421.46 to the general fund of the state for the fiscal year
  2 13 beginning July 1, 2001, and ending June 30, 2002, the
  2 14 following amount:  
  2 15 .................................................. $    133,000
  2 16    Sec. 5.  REGENTS INFRASTRUCTURE.  Of the moneys
  2 17 appropriated to the state board of regents in 1997 Iowa Acts,
  2 18 chapter 215, section 23, subsection 1, and allocated for phase
  2 19 II construction of the engineering teaching and research
  2 20 complex at Iowa state university of science and technology,
  2 21 there is transferred to the general fund of the state for the
  2 22 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  2 23 the following amount:  
  2 24 .................................................. $  7,000,000
  2 25    Sec. 6.  STATE BOARD OF REGENTS – ENGINEERING COMPLEX –
  2 26 BONDING.
  2 27    There is appropriated from the rebuild Iowa infrastructure
  2 28 fund to the state board of regents for the fiscal year
  2 29 beginning July 1, 2003, and ending June 30, 2004, the
  2 30 following amount, or so much thereof as is necessary, to be
  2 31 used for the purpose designated:
  2 32    For repayment of the bonding for the phase II construction
  2 33 of the engineering teaching and research complex at Iowa state
  2 34 university of science and technology, as authorized in this
  2 35 section:  
  3  1 .................................................. $  7,000,000
  3  2    Moneys appropriated in this section are not subject to
  3  3 transfer.
  3  4    1.  The state board of regents is authorized to issue bonds
  3  5 as provided in chapter 262A in an amount not exceeding $7
  3  6 million, except as provided in subsection 2, to undertake and
  3  7 carry out completion of the engineering teaching and research
  3  8 phase II construction at Iowa state university of science and
  3  9 technology and to finance the remaining cost of the project.
  3 10    2.  Notwithstanding the limitation established in
  3 11 subsection 1, the amount of bonds issued as authorized in
  3 12 subsection 1 may be exceeded by the amount the state board of
  3 13 regents determines to be necessary to capitalize interest,
  3 14 bond reserves, and issuance costs.
  3 15    Sec. 7.  CONTINGENT APPROPRIATION.
  3 16    1.  For purposes of determining the balance of the Iowa
  3 17 economic emergency fund available for making an appropriation
  3 18 to the general fund pursuant to section 8.55, subsection 3,
  3 19 paragraph "c", an amount equal to the $25,000,000
  3 20 appropriation in 2002 Iowa Acts, Senate File 2315, section 5,
  3 21 subsection 2, shall be considered to be obligated.  For the
  3 22 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  3 23 in addition to an appropriation made pursuant to section 8.55,
  3 24 subsection 3, paragraph "c", there is appropriated from the
  3 25 cash reserve fund an amount equal to the difference between
  3 26 $50 million and the amount appropriated from the Iowa economic
  3 27 emergency fund as authorized by section 8.55, subsection 3,
  3 28 paragraph "c".
  3 29    2.  Notwithstanding section 8.55, subsection 3, paragraph
  3 30 "d", an appropriation shall not be made from the general fund
  3 31 of the state to the Iowa economic emergency fund for the
  3 32 following fiscal year due to an appropriation being made
  3 33 pursuant to section 8.55, subsection 3, paragraph "c", or
  3 34 subsection 1 of this section.
  3 35    Sec. 8.  CASH RESERVE APPROPRIATION FOR FY 2002-2003.  For
  4  1 the fiscal year beginning July 1, 2002, and ending June 30,
  4  2 2003, the appropriation to the cash reserve fund provided in
  4  3 section 8.57, subsection 1, paragraph "a", shall not be made.
  4  4 However, any surplus in the general fund of the state for the
  4  5 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  4  6 shall be transferred to the cash reserve fund.
  4  7    Sec. 9.  LEGISLATIVE PER DIEM PAYMENT.  Notwithstanding
  4  8 section 2.10, subsection 6, for the special session that
  4  9 convenes May 28, 2002, the members of the general assembly are
  4 10 not entitled to and shall not receive the sum of eighty-six
  4 11 dollars per day for each day the general assembly is actually
  4 12 in special session, but shall receive the same travel
  4 13 allowances and expenses as authorized by section 2.10.  This
  4 14 section is retroactively applicable to May 28, 2002.  
  4 15                           DIVISION II
  4 16              MEDICAL ASSISTANCE PROGRAM TRANSFERS
  4 17    Sec. 10.  SPECIAL CONSERVATION FUND – SNOWMOBILE FEES.
  4 18 Notwithstanding section 321G.7, there is transferred from
  4 19 snowmobile fees credited to the special conservation fund
  4 20 created in section 321G.7 to the department of human services
  4 21 for the fiscal year beginning July 1, 2001, and ending June
  4 22 30, 2002, the following amount to be used for the purpose
  4 23 designated:
  4 24    For medical assistance reimbursement and associated costs
  4 25 in accordance with law:  
  4 26 .................................................. $    950,000
  4 27    Sec. 11.  SPECIAL CONSERVATION FUND – ALL-TERRAIN VEHICLE
  4 28 FEES.  Notwithstanding section 321G.7, there is transferred
  4 29 from all-terrain vehicle fees credited to the special
  4 30 conservation fund created in section 321G.7 to the department
  4 31 of human services for the fiscal year beginning July 1, 2001,
  4 32 and ending June 30, 2002, the following amount to be used for
  4 33 the purpose designated:
  4 34    For medical assistance reimbursement and associated costs
  4 35 in accordance with law:  
  5  1 .................................................. $    775,000
  5  2    Sec. 12.  ENVIRONMENT FIRST FUND.  Notwithstanding section
  5  3 8.57A, subsection 3, there is transferred from the environment
  5  4 first fund created in section 8.57A to the department of human
  5  5 services for the fiscal year beginning July 1, 2001, and
  5  6 ending June 30, 2002, the following amount to be used for the
  5  7 purpose designated:
  5  8    For medical assistance reimbursement and associated costs
  5  9 in accordance with law:  
  5 10 .................................................. $  1,000,000
  5 11    Sec. 13.  STRATEGIC INVESTMENT FUND.  Notwithstanding
  5 12 section 15.313, subsection 2, there is transferred from the
  5 13 strategic investment fund created in section 15.313 to the
  5 14 department of human services for the fiscal year beginning
  5 15 July 1, 2001, and ending June 30, 2002, the following amount
  5 16 to be used for the purpose designated:
  5 17    For medical assistance reimbursement and associated costs
  5 18 in accordance with law:  
  5 19 .................................................. $  2,000,000
  5 20    Sec. 14.  PHYSICAL INFRASTRUCTURE ASSISTANCE FUND.
  5 21 Notwithstanding section 15E.175, subsection 2, there is
  5 22 transferred from the physical infrastructure assistance fund
  5 23 created in section 15E.175 to the department of human services
  5 24 for the fiscal year beginning July 1, 2001, and ending June
  5 25 30, 2002, the following amount to be used for the purpose
  5 26 designated:
  5 27    For medical assistance reimbursement and associated costs
  5 28 in accordance with law:  
  5 29 .................................................. $  2,500,000
  5 30    Sec. 15.  ALTERNATIVE DRAINAGE SYSTEM ASSISTANCE FUND.
  5 31 Notwithstanding section 159.29A, subsection 3, there is
  5 32 transferred from the alternative drainage system assistance
  5 33 fund created in section 159.29A to the department of human
  5 34 services for the fiscal year beginning July 1, 2001, and
  5 35 ending June 30, 2002, the following amount to be used for the
  6  1 purpose designated:
  6  2    For medical assistance reimbursement and associated costs
  6  3 in accordance with law:  
  6  4 .................................................. $  1,100,000
  6  5    Sec. 16.  TERMINAL LIABILITY HEALTH INSURANCE FUND.
  6  6 Notwithstanding section 421.46, there is transferred from the
  6  7 terminal liability health insurance fund created in section
  6  8 421.46 to the department of human services for the fiscal year
  6  9 beginning July 1, 2001, and ending June 30, 2002, the
  6 10 following amount to be used for the purpose designated:
  6 11    For medical assistance reimbursement and associated costs
  6 12 in accordance with law:  
  6 13 .................................................. $    325,000
  6 14    Sec. 17.  AIRPORT ENGINEERING STUDIES AND IMPROVEMENT
  6 15 PROJECTS.  There is transferred from the appropriation to the
  6 16 state department of transportation for airport engineering
  6 17 studies and improvement projects in 2001 Iowa Acts, chapter
  6 18 180, section 1, subsection 1, to the department of human
  6 19 services for the fiscal year beginning July 1, 2001, and
  6 20 ending June 30, 2002, the following amount to be used for the
  6 21 purpose designated:
  6 22    For medical assistance reimbursement and associated costs
  6 23 in accordance with law:  
  6 24 .................................................. $    347,000
  6 25                          DIVISION III
  6 26                  TRANSFERS FOR OTHER PURPOSES
  6 27    Sec. 18.  TERMINAL LIABILITY HEALTH INSURANCE FUND –
  6 28 INDIGENT DEFENSE.  Notwithstanding section 421.46, there is
  6 29 transferred from the terminal liability health insurance fund
  6 30 created in section 421.46 to the office of the state public
  6 31 defender of the department of inspections and appeals for the
  6 32 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  6 33 the following amount to be used for the purpose designated:
  6 34    For indigent defense costs:  
  6 35 .................................................. $  2,740,000
  7  1    Sec. 19.  ENVIRONMENT FIRST FUND – STATE APPEAL BOARD
  7  2 CLAIMS.  Notwithstanding section 8.57A, subsection 3, there is
  7  3 transferred from the environment first fund created in section
  7  4 8.57A, to the state appeal board for the fiscal year beginning
  7  5 July 1, 2001, and ending June 30, 2002, the following amount
  7  6 to be used for the purpose designated:
  7  7    For state appeal board claims under sections 25.2 and
  7  8 669.11:  
  7  9 .................................................. $  1,500,000
  7 10    Sec. 20.  VICTIM COMPENSATION FUND – UNEMPLOYMENT
  7 11 COMPENSATION.  Notwithstanding section 915.94, there is
  7 12 transferred from the victim compensation fund created in
  7 13 section 915.94 to the unemployment compensation account under
  7 14 the control of the department of revenue and finance for the
  7 15 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  7 16 the following amount to be used for the purpose designated:
  7 17    For payment of state employee unemployment compensation
  7 18 claims:  
  7 19 .................................................. $  1,000,000
  7 20    Sec. 21.  ENVIRONMENT FIRST FUND – PERFORMANCE OF DUTY.
  7 21 Notwithstanding section 8.57A, subsection 3, there is
  7 22 transferred from the environment first fund created in section
  7 23 8.57A to the executive council for the fiscal year beginning
  7 24 July 1, 2001, and ending June 30, 2002, the following amount
  7 25 to be used for the purpose designated:
  7 26    For performance of duty under section 7D.29, section 18.12,
  7 27 and section 29C.20:  
  7 28 .................................................. $    100,000
  7 29    Sec. 22.  TERMINAL LIABILITY HEALTH INSURANCE FUND –
  7 30 PERFORMANCE OF DUTY.  Notwithstanding section 421.46,
  7 31 subsection 3, there is transferred from the terminal liability
  7 32 health insurance fund created in section 421.46 to the
  7 33 executive council for the fiscal year beginning July 1, 2001,
  7 34 and ending June 30, 2002, the following amount to be used for
  7 35 the purpose designated:
  8  1    For performance of duty under section 7D.29, section 18.12,
  8  2 and section 29C.20:  
  8  3 .................................................. $    300,000
  8  4    Sec. 23.  VALUE-ADDED AGRICULTURAL PRODUCTS – ELDERLY AND
  8  5 DISABLED PROPERTY TAX CREDIT.  Notwithstanding section
  8  6 15E.112, subsection 1, there is transferred from the value-
  8  7 added agricultural products and processes financial assistance
  8  8 fund created in section 15E.112 to the elderly and disabled
  8  9 property tax credit and reimbursement fund created in section
  8 10 425.39 for the fiscal year beginning July 1, 2001, and ending
  8 11 June 30, 2002, the following amount to be used for the purpose
  8 12 designated:
  8 13    For payment of renters' claims for the fiscal year
  8 14 beginning July 1, 2001, under the elderly and disabled credit
  8 15 and reimbursement portion of the extraordinary property tax
  8 16 and reimbursement division of chapter 425:  
  8 17 .................................................. $    250,000
  8 18    Sec. 24.  TERMINAL LIABILITY HEALTH INSURANCE FUND –
  8 19 ELDERLY AND DISABLED PROPERTY TAX CREDIT.  Notwithstanding
  8 20 section 421.46, subsection 3, there is transferred from the
  8 21 terminal liability health insurance fund created in section
  8 22 421.46 to the elderly and disabled property tax credit and
  8 23 reimbursement fund created in section 425.39 for the fiscal
  8 24 year beginning July 1, 2001, and ending June 30, 2002, the
  8 25 following amount to be used for the purpose designated:
  8 26    For payment of renters' claims for the fiscal year
  8 27 beginning July 1, 2001, under the elderly and disabled credit
  8 28 and reimbursement portion of the extraordinary property tax
  8 29 and reimbursement division of chapter 425:  
  8 30 .................................................. $    180,000
  8 31                           DIVISION IV
  8 32                          RESERVE FUNDS
  8 33    Sec. 25.  Section 8.55, subsection 2, paragraph a, as
  8 34 enacted by 2002 Iowa Acts, House File 2075, section 1, is
  8 35 amended to read as follows:
  9  1    a.  The maximum balance of the fund is the amount equal to
  9  2 five two and one-half percent of the adjusted revenue estimate
  9  3 for the fiscal year.  If the amount of moneys in the Iowa
  9  4 economic emergency fund is equal to the maximum balance,
  9  5 moneys in excess of this amount shall be transferred to the
  9  6 general fund.
  9  7    Sec. 26.  Section 8.55, subsection 2, paragraphs c and d,
  9  8 as enacted by 2002 Iowa Acts, House File 2075, section 1, are
  9  9 amended to read as follows:
  9 10    c.  Notwithstanding paragraph "a", any moneys in excess of
  9 11 the maximum balance in the economic emergency fund after the
  9 12 distribution of the surplus in the general fund of the state
  9 13 at the conclusion of each fiscal year and after the
  9 14 appropriate amount has been transferred pursuant to paragraph
  9 15 "b", shall not be transferred to the general fund of the state
  9 16 but shall be transferred to the senior living trust fund.  The
  9 17 total amount transferred, in the aggregate, under this
  9 18 paragraph for all fiscal years shall not exceed thirty-five
  9 19 fifty-one million five hundred thousand dollars.
  9 20    d.  Notwithstanding paragraph "a", any moneys in excess of
  9 21 the maximum balance in the economic emergency fund after the
  9 22 distribution of the surplus in the general fund of the state
  9 23 at the conclusion of each fiscal year and after the
  9 24 appropriate amount have been transferred pursuant to
  9 25 paragraphs "b" and "c" shall not be transferred to the general
  9 26 fund of the state but shall be transferred to the endowment
  9 27 for Iowa's health account of the tobacco settlement trust
  9 28 fund.  The total amount transferred, in the aggregate, under
  9 29 this paragraph for all fiscal years shall not exceed the
  9 30 difference between fifty-one sixty million five hundred
  9 31 thousand dollars and the amounts transferred to the endowment
  9 32 for Iowa's health account to repay the amounts transferred or
  9 33 appropriated from the endowment for Iowa's health account in
  9 34 2002 Iowa Acts, House File 2245, 2002 Iowa Acts, Senate File
  9 35 2304, and 2002 Iowa Acts, Senate File 2315, and 2002 Iowa
 10  1 Acts, Second Extraordinary Session, House File 2627.
 10  2    Sec. 27.  Section 8.56, subsection 4, paragraph b, Code
 10  3 Supplement 2001, is amended to read as follows:
 10  4    b.  In addition to the requirements of paragraph "a", an
 10  5 appropriation shall not be made from the cash reserve fund
 10  6 which would cause the fund's balance to be less than three and
 10  7 three-fourths percent of the adjusted revenue estimate for the
 10  8 year for which the appropriation is made unless the bill or
 10  9 joint resolution is approved by vote of at least three-fifths
 10 10 of the members of both chambers of the general assembly and is
 10 11 signed by the governor.
 10 12    Sec. 28.  Section 8.57, subsection 1, paragraph a, Code
 10 13 Supplement 2001, is amended to read as follows:
 10 14    a.  The "cash reserve goal percentage" for fiscal years
 10 15 beginning on or after July 1, 1995 2003, is five seven and
 10 16 one-half percent of the adjusted revenue estimate.  For each
 10 17 fiscal year beginning on or after July 1, 1995 2003, in which
 10 18 the appropriation of the surplus existing in the general fund
 10 19 of the state at the conclusion of the prior fiscal year
 10 20 pursuant to paragraph "b" was not sufficient for the cash
 10 21 reserve fund to reach the cash reserve goal percentage for the
 10 22 current fiscal year, there is appropriated from the general
 10 23 fund of the state an amount to be determined as follows:
 10 24    (1)  If the balance of the cash reserve fund in the current
 10 25 fiscal year is not more than four six and one-half percent of
 10 26 the adjusted revenue estimate for the current fiscal year, the
 10 27 amount of the appropriation under this lettered paragraph is
 10 28 one percent of the adjusted revenue estimate for the current
 10 29 fiscal year.
 10 30    (2)  If the balance of the cash reserve fund in the current
 10 31 fiscal year is more than four six and one-half percent but
 10 32 less than five seven and one-half percent of the adjusted
 10 33 revenue estimate for that fiscal year, the amount of the
 10 34 appropriation under this lettered paragraph is the amount
 10 35 necessary for the cash reserve fund to reach five seven and
 11  1 one-half percent of the adjusted revenue estimate for the
 11  2 current fiscal year.
 11  3    (3)  The moneys appropriated under this lettered paragraph
 11  4 shall be credited in equal and proportionate amounts in each
 11  5 quarter of the current fiscal year.
 11  6    Sec. 29.  Section 8.57, subsection 5, paragraph b, Code
 11  7 Supplement 2001, is amended to read as follows:
 11  8    b.  Moneys in the infrastructure fund are not subject to
 11  9 section 8.33.  Notwithstanding section 12C.7, subsection 2,
 11 10 interest or earnings on moneys in the infrastructure fund
 11 11 shall be credited to the infrastructure fund.  Moneys in the
 11 12 infrastructure fund may be used for cash flow purposes during
 11 13 a fiscal year provided that any moneys so allocated are
 11 14 returned to the infrastructure fund by the end of that fiscal
 11 15 year.
 11 16    Sec. 30.  Section 249H.4, subsection 4, Code 2001, as
 11 17 amended by 2002 Iowa Acts, Senate File 2201, section 26, is
 11 18 amended to read as follows:
 11 19    4.  The trust fund shall be operated in accordance with the
 11 20 guidelines of the centers for Medicare and Medicaid services
 11 21 of the United States department of health and human services.
 11 22 The trust fund shall be separate from the general fund of the
 11 23 state and shall not be considered part of the general fund of
 11 24 the state.  The moneys in the trust fund shall not be
 11 25 considered revenue of the state, but rather shall be funds of
 11 26 the senior living program.  The moneys deposited in the trust
 11 27 fund are not subject to section 8.33 and shall not be
 11 28 transferred, used, obligated, appropriated, or otherwise
 11 29 encumbered, except to provide for the purposes of this
 11 30 chapter.  Moneys in the trust fund may be used for cash flow
 11 31 purposes during a fiscal year provided that any moneys so
 11 32 allocated are returned to the trust fund by the end of that
 11 33 fiscal year.  Notwithstanding section 12C.7, subsection 2,
 11 34 interest or earnings on moneys deposited in the trust fund
 11 35 shall be credited to the trust fund.
 12  1    Sec. 31.  NEW SECTION.  249H.4A  PENDING SENIOR LIVING
 12  2 TRUST FUND.
 12  3    A pending senior living trust fund is created in the state
 12  4 treasury under the authority of the department of human
 12  5 services.  Moneys received through intergovernmental
 12  6 agreements for the senior living program but not yet available
 12  7 for appropriation are to be deposited into this fund.  When
 12  8 the moneys are determined to be available for appropriation,
 12  9 they shall be transferred to the senior living trust fund
 12 10 established in section 249H.4.  Moneys in the fund may be used
 12 11 for cash flow purposes during the fiscal year provided that
 12 12 any moneys so allocated are returned to the fund by the end of
 12 13 that fiscal year.
 12 14    Sec. 32.  USE OF REVERSIONS.  Notwithstanding section 8.62,
 12 15 if on June 30 of fiscal year 2001-2002 or fiscal year 2002-
 12 16 2003, a balance of an operational appropriation, as defined in
 12 17 section 8.62, remains unexpended or unencumbered, the balance
 12 18 shall revert to the general fund of the state as provided in
 12 19 section 8.33.
 12 20    Sec. 33.  EFFECTIVE DATE – APPLICABILITY.  The amendments
 12 21 to the following designated Code provisions in this division
 12 22 of this Act take effect July 1, 2003:
 12 23    1.  Section 8.55, subsection 2, paragraph "a".
 12 24    2.  Section 8.56, subsection 4, paragraph "b".
 12 25    3.  Section 8.57, subsection 1, paragraph "a".  
 12 26                           DIVISION V
 12 27           OTHER MEDICAL ASSISTANCE PROGRAM PROVISIONS
 12 28    Sec. 34.  NEW SECTION.  249A.9  REPORTING REQUIREMENTS –
 12 29 PHARMACEUTICAL COPAYMENT.
 12 30    1.  The department shall require applicants for or
 12 31 recipients of medical assistance to report, on a monthly
 12 32 basis, changes in income or resources that affect eligibility.
 12 33    2.  The department shall require recipients of medical
 12 34 assistance to pay the following copayment on each covered drug
 12 35 prescription, including each refill as follows:
 13  1    a.  A copayment of one dollar for each covered generic drug
 13  2 prescription.
 13  3    b.  A copayment of one dollar for each covered brand-name
 13  4 drug prescription for which the cost to the state is less than
 13  5 twenty-five dollars.
 13  6    c.  A copayment of two dollars for each covered brand-name
 13  7 drug prescription for which the cost to the state is between
 13  8 twenty-five dollars and fifty dollars.
 13  9    d.  A copayment of three dollars for each covered brand-
 13 10 name drug prescription for which the cost to the state is over
 13 11 fifty dollars.  
 13 12                           DIVISION VI
 13 13                        OTHER PROVISIONS
 13 14    Sec. 35.  Section 12E.12, subsection 8, if enacted by 2002
 13 15 Iowa Acts, Second Extraordinary Session, House File 2627,
 13 16 section 229, is amended to read as follows:
 13 17    8.  With respect to the payment of certain debt service,
 13 18 the debt service to be paid shall be those installments of
 13 19 debt service on bonds selected by the treasurer of state and
 13 20 identified in the authority's tax certificate delivered at the
 13 21 time of the issuance of the bonds issued pursuant to this
 13 22 chapter, or as otherwise selected by the treasurer of state.
 13 23 Once the bonds and the installments of debt service thereon
 13 24 are so selected, that debt service and bonds shall not be
 13 25 paid, or provided to be paid, from any other source including
 13 26 the state or any of its departments or agencies.  Provided,
 13 27 however, that if funds are not appropriated to pay debt
 13 28 service on such bonds when due, the issuing agency shall pay
 13 29 such debt service from any available source as provided in the
 13 30 bond covenants for such bonds.
 13 31    Sec. 36.  NEW SECTION.  249A.21  INTERMEDIATE CARE
 13 32 FACILITIES FOR PERSONS WITH MENTAL RETARDATION – ASSESSMENT.
 13 33    1.  The department may assess intermediate care facilities
 13 34 for persons with mental retardation, as defined in section
 13 35 135C.1, that are not operated by the state, a fee in an amount
 14  1 not to exceed six percent of the total annual revenue of the
 14  2 facility for the preceding fiscal year.
 14  3    2.  The assessment shall be paid to the department in equal
 14  4 monthly amounts on or before the fifteenth day of each month.
 14  5 The department may deduct the monthly amount from medical
 14  6 assistance payments to a facility described in subsection 1.
 14  7 The amount deducted from payments shall not exceed the total
 14  8 amount of the assessments due.
 14  9    3.  Revenue from the assessments shall be credited to the
 14 10 state medical assistance appropriation.  This revenue may be
 14 11 used only for services for which federal financial
 14 12 participation under the medical assistance program is
 14 13 available to match state funds.
 14 14    4.  If federal financial participation to match the
 14 15 assessments made under subsection 1 becomes unavailable under
 14 16 federal law, the department shall terminate the imposing of
 14 17 the assessments beginning on the date that the federal
 14 18 statutory, regulatory, or interpretive change takes effect.
 14 19    5.  The department of human services may procure a sole
 14 20 source contract to implement the provisions of this section.
 14 21    Sec. 37.  Section 257.8, subsection 1, Code Supplement
 14 22 2001, as amended by 2002 Iowa Acts, Senate File 2315, section
 14 23 1, and 2002 Iowa Acts, Senate File 2328, section 1, is amended
 14 24 to read as follows:
 14 25    1.  STATE PERCENT OF GROWTH.  The state percent of growth
 14 26 for the budget year beginning July 1, 2002, is one percent.
 14 27 The state percent of growth for the budget year beginning July
 14 28 1, 2003, is two percent.  The state percent of growth for each
 14 29 subsequent budget year shall be established by statute which
 14 30 shall be enacted within thirty days of the submission in the
 14 31 year preceding the base year of the governor's budget under
 14 32 section 8.21.  The establishment of the state percent of
 14 33 growth for a budget year shall be the only subject matter of
 14 34 the bill which enacts the state percent of growth for a budget
 14 35 year.
 15  1    Sec. 38.  2001 Iowa Acts, chapter 188, section 13, is
 15  2 amended to read as follows:
 15  3    SEC. 13.  TOURISM OPERATIONS.  There is appropriated from
 15  4 the community attraction and tourism fund created in section
 15  5 15F.204 to the department of economic development for the
 15  6 fiscal year beginning July 1, 2001, and ending June 30, 2002,
 15  7 the following amount, or so much thereof as is necessary, to
 15  8 be used for the purposes designated:
 15  9    For tourism operations, including salaries, support,
 15 10 maintenance, and miscellaneous purposes:  
 15 11 .................................................. $  1,200,000
 15 12    Moneys appropriated in this section shall not be
 15 13 appropriated from those moneys in the community attraction and
 15 14 tourism fund that originate from the tax-exempt bond proceeds
 15 15 restricted capital funds account of the tobacco settlement
 15 16 trust fund.
 15 17    Sec. 39.  UNITED STATES MARSHAL'S SERVICE.  For the fiscal
 15 18 year beginning July 1, 2002, regular per diem reimbursement
 15 19 costs billed by the department of corrections to the United
 15 20 States marshal's service for holding detainees shall be
 15 21 deposited entirely into the general fund of the state.
 15 22 However, for the fiscal year beginning July 1, 2002,
 15 23 extraordinary costs, including but not limited to medical
 15 24 costs, billed over the regular daily per diem rate shall be
 15 25 used by the department of corrections to offset the actual
 15 26 costs incurred.
 15 27    Sec. 40.  DUPLICATIVE POSITIONS – VACANT POSITIONS –
 15 28 EDUCATIONAL ASSISTANCE.
 15 29    1.  It is the intent of the general assembly that in
 15 30 implementing the provisions of 2002 Iowa Acts, Second
 15 31 Extraordinary Session, House File 2627, section 13, subsection
 15 32 2, if enacted, the department of personnel shall focus on
 15 33 duplicative job functions in the agencies of the executive
 15 34 branch of state government other than those institutions under
 15 35 the control of the state board of regents.  For the
 16  1 institutions under the state board of regents, the state board
 16  2 of regents shall perform the duties required of the department
 16  3 of personnel and shall report to the oversight committee of
 16  4 the legislative council in accordance with 2002 Iowa Acts,
 16  5 Second Extraordinary Session, House File 2627, section 13,
 16  6 subsection 2.
 16  7    2.  In implementing the requirements of 2002 Iowa Acts,
 16  8 Second Extraordinary Session, House File 2627, section 214, if
 16  9 enacted, relating to vacant positions, the department of
 16 10 management shall address table of organization changes other
 16 11 than those relating to the institutions under the control of
 16 12 the state board of regents.  Table of organization changes
 16 13 relating to the institutions under the control of the state
 16 14 board of regents shall be implemented by the state board of
 16 15 regents.
 16 16    3.  In implementing the requirements of 2002 Iowa Acts,
 16 17 Second Extraordinary Session, House File 2627, section 215, if
 16 18 enacted, relating to educational assistance, the department of
 16 19 management shall ensure compliance for executive branch
 16 20 agencies other than those involving the institutions under the
 16 21 control of the state board of regents.  Implementation of a
 16 22 restriction on subsidy or reimbursement for a class or other
 16 23 course of study leading to an advanced degree for an employee
 16 24 of an institution under the control of the state board of
 16 25 regents shall be as determined by the state board of regents.
 16 26    Sec. 41.  PROGRAM ELIMINATION COMMISSION.  2002 Iowa Acts,
 16 27 Second Extraordinary Session, House File 2627, section 217,
 16 28 subsection 2, paragraph a, if enacted, is amended by striking
 16 29 the paragraph and inserting in lieu thereof the following:
 16 30    a.  A voting member appointed by the legislative council.
 16 31    Sec. 42.  STATE LIBRARY REDUCTION – STATE MEDICAL LIBRARY
 16 32 CONTINUATION TASK FORCE.
 16 33    1.  Funds appropriated to the department of education for
 16 34 purposes of the state library pursuant to 2002 Iowa Acts,
 16 35 Senate File 2326, section 79, subsection 5, paragraph "a", as
 17  1 reduced by House File 2627, section 87, are further reduced by
 17  2 the amount of $108,000.  The state library shall apply the
 17  3 reduction to the state medical library.
 17  4    2.  It is the intent of the general assembly to eliminate,
 17  5 or remove from the authority of the state library, the state
 17  6 medical library.  A state medical library continuation task
 17  7 force is established to determine whether the citizens of this
 17  8 state will continue to benefit from the state medical library,
 17  9 and if so, where the state medical library should be
 17 10 relocated.  If the task force recommends relocation of the
 17 11 state medical library, it is the intent of the general
 17 12 assembly that the state medical library continue to be
 17 13 available for free use by the residents of Iowa, give no
 17 14 preference to any school of medicine, and secure books,
 17 15 periodicals, pamphlets, and electronic textbooks, including
 17 16 but not limited to computer software, applications using
 17 17 computer-assisted instruction, interactive videodisc, and
 17 18 other computer courseware and magnetic media for every legally
 17 19 recognized school of medicine without discrimination.  If the
 17 20 task force finds and recommends elimination of the state
 17 21 medical library, the task force shall propose a plan for
 17 22 distribution of the assets of the state medical library.  The
 17 23 task force shall consist of the state librarian or the state
 17 24 librarian's designee, and a representative of the state board
 17 25 of regents, the Iowa medical society, the Iowa hospital
 17 26 association, and the osteopathic medical association.  The
 17 27 state librarian shall serve as chairperson.  Meetings shall be
 17 28 held at the call of the chairperson or a majority of the
 17 29 members of the task force.  At any meeting of the task force,
 17 30 a majority of the members shall constitute a quorum.  The task
 17 31 force shall submit its recommendation for continuation or
 17 32 elimination of the state medical library, and any plan for
 17 33 distribution of state medical library assets, in a report to
 17 34 the chairpersons and ranking members of the senate and house
 17 35 standing committees on education and the joint appropriations
 18  1 subcommittee on education by December 1, 2002.
 18  2    Sec. 43.  2002 Iowa Acts, Second Extraordinary Session,
 18  3 House File 2627, section 221, if enacted, is amended to read
 18  4 as follows:
 18  5    SEC. 221.  IMPLEMENTATION OF FURLOUGHS.  Furloughs It is
 18  6 the intent of the general assembly that furloughs implemented
 18  7 pursuant to this division shall not be implemented in a manner
 18  8 which results in more than 25 percent of the workforce within
 18  9 an agency division being on furlough at the same time.
 18 10 However, if implementation of this section would conflict with
 18 11 existing law or a collective bargaining agreement, the agency
 18 12 shall take every step possible to minimize the impact on the
 18 13 agency's customers and the public.  The agency shall work with
 18 14 representatives of affected businesses to develop a plan for
 18 15 meeting the businesses' needs during a furlough period and
 18 16 when other funding reductions are implemented.
 18 17    Sec. 44.  2002 Iowa Acts, House File 2614, section 2,
 18 18 unnumbered paragraph 2, as amended by 2002 Iowa Acts, Second
 18 19 Extraordinary Session, House File 2627, section 226, if
 18 20 enacted, is amended to read as follows:
 18 21    For allocation by the state board of regents to the state
 18 22 university of Iowa, the Iowa state university of science and
 18 23 technology, and the university of northern Iowa to reimburse
 18 24 the institutions for deficiencies in their operating funds
 18 25 resulting from the pledging of tuitions, student fees and
 18 26 charges, and institutional income to finance the cost of
 18 27 providing academic and administrative buildings and facilities
 18 28 and utility services at the institutions, notwithstanding
 18 29 section 12E.12, subsection 1, paragraph "b", subparagraph (1):  
 18 30 .................................................. $  9,127,635
 18 31                                                      10,503,733
 18 32    Sec. 45.  MEDICAL ASSISTANCE REDUCTION.  The appropriation
 18 33 made in 2002 Iowa Acts, Second Extraordinary Session, House
 18 34 File 2627, from the general fund of the state for medical
 18 35 assistance reimbursement and associated costs for the fiscal
 19  1 year beginning July 1, 2002, and ending June 30, 2003, is
 19  2 reduced by the following amount:  
 19  3 .................................................. $  3,700,000
 19  4    Sec. 46.  EFFECTIVE DATE.  This division of this Act takes
 19  5 effect July 1, 2002, except for the provision of this division
 19  6 amending 2001 Iowa Acts, chapter 188, section 13, relating to
 19  7 tourism operations, which, being deemed of immediate
 19  8 importance, takes effect upon enactment.  
 19  9                          DIVISION VII
 19 10                     COOPERATIVE TAX CREDITS
 19 11    Sec. 47.  Section 15.333, subsections 1 and 2, Code
 19 12 Supplement 2001, as amended by 2002 Iowa Acts, Senate File
 19 13 2275, section 5, are amended to read as follows:
 19 14    1.  An eligible business may claim a corporate tax credit
 19 15 up to a maximum of ten percent of the new investment which is
 19 16 directly related to new jobs created by the location or
 19 17 expansion of an eligible business under the program.  Any
 19 18 credit in excess of the tax liability for the tax year may be
 19 19 credited to the tax liability for the following seven years or
 19 20 until depleted, whichever occurs earlier.  Subject to prior
 19 21 approval by the department of economic development in
 19 22 consultation with the department of revenue and finance, an
 19 23 eligible business whose project primarily involves the
 19 24 production of value-added agricultural products may elect to
 19 25 receive a refund of all or a portion of an unused tax credit.
 19 26 For purposes of this section, an eligible business includes a
 19 27 cooperative described in section 521 of the Internal Revenue
 19 28 Code which is not required to file an Iowa corporate income
 19 29 tax return, and whose project primarily involves the
 19 30 production of ethanol.  The refund may be used against a tax
 19 31 liability imposed under chapter 422, division II, III, or V.
 19 32 If the business is a partnership, S corporation, limited
 19 33 liability company, cooperative organized under chapter 501 and
 19 34 filing as a partnership for federal tax purposes, or estate or
 19 35 trust electing to have the income taxed directly to the
 20  1 individual, an individual may claim the tax credit allowed.
 20  2 The amount claimed by the individual shall be based upon the
 20  3 pro rata share of the individual's earnings of the
 20  4 partnership, S corporation, limited liability company,
 20  5 cooperative organized under chapter 501 and filing as a
 20  6 partnership for federal tax purposes, or estate or trust.
 20  7    PARAGRAPH DIVIDED.  For purposes of this section, "new
 20  8 investment directly related to new jobs created by the
 20  9 location or expansion of an eligible business under the
 20 10 program" means the cost of machinery and equipment, as defined
 20 11 in section 427A.1, subsection 1, paragraphs "e" and "j",
 20 12 purchased for use in the operation of the eligible business,
 20 13 the purchase price of which has been depreciated in accordance
 20 14 with generally accepted accounting principles, and the cost of
 20 15 improvements made to real property which is used in the
 20 16 operation of the eligible business.
 20 17    2.  An eligible business whose project primarily involves
 20 18 the production of value-added agricultural products, that
 20 19 elects to receive a refund of all or a portion of an unused
 20 20 tax credit, shall apply to the department of economic
 20 21 development for tax credit certificates.  An eligible business
 20 22 whose project primarily involves the production of value-added
 20 23 agricultural products shall not claim a tax credit under this
 20 24 section unless a tax credit certificate issued by the
 20 25 department of economic development is attached to the
 20 26 taxpayer's tax return for the tax year for which the tax
 20 27 credit is claimed.  For purposes of this section, an eligible
 20 28 business includes a cooperative described in section 521 of
 20 29 the Internal Revenue Code which is not required to file an
 20 30 Iowa corporate income tax return, and whose project primarily
 20 31 involves the production of ethanol.  For purposes of this
 20 32 section, an eligible business also includes a cooperative
 20 33 described in section 521 of the Internal Revenue Code which is
 20 34 required to file an Iowa corporate income tax return and whose
 20 35 project primarily involves the production of ethanol.  Such
 21  1 cooperative may elect to transfer all or a portion of its tax
 21  2 credit to its members.  The amount of tax credit transferred
 21  3 and claimed by a member shall be based upon the pro rata share
 21  4 of the member's earnings of the cooperative.
 21  5    PARAGRAPH DIVIDED.  A tax credit certificate shall not be
 21  6 valid until the tax year following the date of the project
 21  7 completion.  A tax credit certificate shall contain the
 21  8 taxpayer's name, address, tax identification number, the date
 21  9 of project completion, the amount of the tax credit, and other
 21 10 information required by the department of revenue and finance.
 21 11 The department of economic development shall not issue tax
 21 12 credit certificates which total more than four million dollars
 21 13 during a fiscal year.  If the department receives applications
 21 14 for tax credit certificates in excess of four million dollars,
 21 15 the applicants shall receive certificates for a prorated
 21 16 amount.  The tax credit certificates shall not be transferred
 21 17 except as provided in this subsection for a cooperative
 21 18 described in section 521 of the Internal Revenue Code which is
 21 19 required to file an Iowa corporate income tax return and whose
 21 20 project primarily involves the production of ethanol.  For a
 21 21 cooperative described in section 521 of the Internal Revenue
 21 22 Code that is not required to file an Iowa corporate income tax
 21 23 return, the department of economic development shall require
 21 24 that the cooperative submit a list of its members and the
 21 25 share of each member's interest in the cooperative.  The
 21 26 department shall issue a tax credit certificate to each member
 21 27 contained on the submitted list.
 21 28    Sec. 48.  Section 15E.193C, subsection 7, paragraph a, Code
 21 29 Supplement 2001, is amended to read as follows:
 21 30    a.  An eligible development business may claim a tax credit
 21 31 up to a maximum of ten percent of the new investment that is
 21 32 directly related to the construction, expansion, or
 21 33 rehabilitation of building space to be used for manufacturing,
 21 34 processing, cold storage, distribution, or office facilities.
 21 35 For purposes of this section, "new investment" includes the
 22  1 purchase price of land and the cost of improvements made to
 22  2 real property.  The tax credit may be claimed by an eligible
 22  3 development business for the tax year in which the
 22  4 construction, expansion, or rehabilitation is completed.  The
 22  5 tax credit may be used to reduce the tax liability imposed
 22  6 under chapter 422, division II, III, or V, or chapter 432.
 22  7 Any credit in excess of the tax liability for the tax year may
 22  8 be credited to the tax liability for the following seven years
 22  9 or until depleted, whichever occurs earlier.  If the business
 22 10 is a partnership, S corporation, limited liability company,
 22 11 cooperative organized under chapter 501 and filing as a
 22 12 partnership for federal tax purposes, or estate or trust
 22 13 electing to have the income taxed directly to the individual,
 22 14 an individual may claim the tax credit allowed.  The amount
 22 15 claimed by the individual shall be based upon the pro rata
 22 16 share of the individual's earnings of the partnership, S
 22 17 corporation, limited liability company, cooperative organized
 22 18 under chapter 501 and filing as a partnership for federal tax
 22 19 purposes, or estate or trust.
 22 20    Sec. 49.  APPLICABILITY DATE.  This division of this Act
 22 21 applies retroactively to January 1, 2002, for tax years
 22 22 beginning on or after that date.  
 22 23                          DIVISION VIII 
 22 24       SICK LEAVE AND VACATION INCENTIVE PROGRAM EXTENSION
 22 25    Sec. 50.  SICK LEAVE AND VACATION INCENTIVE PROGRAM –
 22 26 FISCAL YEAR 2002-2003.
 22 27    1.  As used in this section, unless the context provides
 22 28 otherwise:
 22 29    a.  "Credited service" means service under the Iowa public
 22 30 employees' retirement system, as service is defined in section
 22 31 97B.1A, and membership service under the public safety peace
 22 32 officers' retirement, accident, and disability system, as
 22 33 defined in section 97A.1.
 22 34    b.  "Eligible employee" means an employee for which, but
 22 35 for participation in the program, the sum of the number of
 23  1 years of credited service and the employee's age in years as
 23  2 of December 31, 2003, equals or exceeds seventy-five.
 23  3    c.  "Employee" means an employee of the executive branch of
 23  4 the state who is not covered by a collective bargaining
 23  5 agreement, including an employee of a judicial district
 23  6 department of correctional services if the district elects to
 23  7 participate in the program, an employee of the state board of
 23  8 regents if the board elects to participate in the program, an
 23  9 employee of the judicial branch if the judicial branch elects
 23 10 to participate in the program, and an employee of the
 23 11 department of justice.  However, "employee" does not mean an
 23 12 elected official.
 23 13    d.  "Participant" means a person who timely submits an
 23 14 election to participate, and does participate, in the sick
 23 15 leave and vacation incentive program established under this
 23 16 section.
 23 17    e.  "Program" means the sick leave and vacation incentive
 23 18 program established under this section.
 23 19    f.  "Regular annual salary" means an amount equal to the
 23 20 eligible employee's regular biweekly rate of pay as of the
 23 21 date of separation from employment multiplied by twenty-six.
 23 22    g.  "Sick leave and vacation incentive benefit" means an
 23 23 amount equal to the entire value of an eligible employee's
 23 24 accumulated but unused vacation plus the lesser of the entire
 23 25 value of the eligible employee's accumulated and unused sick
 23 26 leave or the employee's regular annual salary.
 23 27    2.  To become a participant in the program, an eligible
 23 28 employee shall do all of the following:
 23 29    a.  Submit by August 14, 2002, a written application, on
 23 30 forms prescribed by the department of personnel, seeking
 23 31 participation in the program.
 23 32    b.  Agree to waive any and all rights to receive payments
 23 33 of sick leave balances under section 70A.23 and accrued
 23 34 vacation balances in a form other than as provided in this
 23 35 section.
 24  1    c.  Agree to waive all rights to file suit against the
 24  2 state of Iowa, including all of its departments, agencies, and
 24  3 other subdivisions, based on state or federal claims arising
 24  4 out of the employment relationship.
 24  5    d.  Acknowledge, in writing, that participation in the
 24  6 program waives any right to accept permanent part-time or
 24  7 permanent full-time employment with the state other than as an
 24  8 elected official on or after August 15, 2002.
 24  9    e.  Agree to separate from employment with the state by
 24 10 August 15, 2002.
 24 11    3.  Upon acceptance to participate in the program and
 24 12 separation from employment with the state by August 15, 2002,
 24 13 a participant shall receive a sick leave and vacation
 24 14 incentive benefit.  The state shall pay to the participant a
 24 15 portion of the sick leave and vacation incentive benefit each
 24 16 fiscal year for a period of five years commencing with the
 24 17 fiscal year ending June 30, 2003.
 24 18    4.  The department of personnel shall administer the
 24 19 program, including the determination of eligibility for
 24 20 participation in the program, and shall adopt administrative
 24 21 rules to administer the program.  The department may adopt
 24 22 rules on an emergency basis under section 17A.4, subsection 2,
 24 23 and section 17A.5, subsection 2, paragraph "b", to implement
 24 24 this section and the rules shall be effective immediately upon
 24 25 filing unless a later date is specified in the rules.
 24 26    5.  The legislative council shall provide an incentive
 24 27 program for employees of the legislative branch consistent
 24 28 with the program provided in this section for executive branch
 24 29 employees.  The legislative council shall collaborate with the
 24 30 department of personnel to establish the program as required
 24 31 under this subsection.  The program provided pursuant to this
 24 32 subsection shall establish the same time guidelines and
 24 33 benefit calculations as provided under the program for
 24 34 executive branch employees.
 24 35    Sec. 51.  EARLY TERMINATION PROGRAMS – MISCELLANEOUS
 25  1 PROVISIONS.
 25  2    1.  DEFINITIONS.  For purposes of this section, unless the
 25  3 context otherwise requires:
 25  4    a.  "Early termination participant" means an eligible state
 25  5 employee who participates in an early termination program.
 25  6    b.  "Early termination program" means a sick leave and
 25  7 vacation incentive program as established or required in this
 25  8 Act and the similar early termination program established for
 25  9 state employees as established pursuant to a collective
 25 10 bargaining agreement entered into pursuant to chapter 20.
 25 11    2.  GROUP INSURANCE ELIGIBILITY.  An early termination
 25 12 participant shall be eligible to continue participation in the
 25 13 group plan or under the group contract at the early
 25 14 termination participant's own expense in the same manner as a
 25 15 retired employee pursuant to section 509A.13.  In addition, an
 25 16 early termination participant shall be deemed an eligible
 25 17 retired state employee for purposes of eligibility for
 25 18 continuation of group insurance covering spouses as provided
 25 19 in section 509A.13A.
 25 20    3.  RELEASE OF RECORDS.  Notwithstanding any provision of
 25 21 chapter 22 or section 97B.17 to the contrary, records of the
 25 22 department of personnel maintained for the operation of the
 25 23 Iowa public employees' retirement system may be released to
 25 24 the directors, agents, and employees of the legislative fiscal
 25 25 bureau, the department of revenue and finance, the department
 25 26 of management, and the department of personnel, for the
 25 27 purposes of administering and monitoring an early termination
 25 28 program.  A person receiving a record pursuant to this
 25 29 subsection shall maintain the confidentiality of any
 25 30 information otherwise required to be kept confidential and
 25 31 shall be subject to the same penalties as the custodian of the
 25 32 records for the public dissemination of such information.  The
 25 33 authority to request a record as provided pursuant to this
 25 34 subsection shall cease June 30, 2003.
 25 35    4.  REPORTING REQUIREMENTS.  The department of personnel,
 26  1 in collaboration with the department of management, shall
 26  2 present a report by October 1, 2002, concerning the operation
 26  3 of early termination programs as provided in this Act.  The
 26  4 reports shall be submitted in conjunction with the reports
 26  5 required to be submitted by the department of personnel
 26  6 pursuant to 2001 Iowa Acts, Second Extraordinary Session,
 26  7 chapter 5, section 4.  The department shall also submit an
 26  8 annual update concerning early termination programs as
 26  9 provided in this Act by October 1 of each year for four years,
 26 10 commencing October 1, 2003.  The reports shall include
 26 11 information concerning the number of early termination program
 26 12 participants, the cost of the early termination program
 26 13 including any payments made to participants, the number of
 26 14 state employment positions eliminated pursuant to an early
 26 15 termination program, the number of positions vacated by an
 26 16 early termination program participant that have been refilled,
 26 17 and the savings to the state based upon the early termination
 26 18 program.
 26 19    5.  SAVINGS.  a.  For an executive branch position vacated
 26 20 by an early termination participant pursuant to an early
 26 21 termination program, the savings from that termination, as
 26 22 determined by the department of management, shall offset
 26 23 amounts that would otherwise be reduced from the appropriation
 26 24 to the executive branch department or establishment that
 26 25 employed the participant due to the implementation of a
 26 26 furlough program.  The moneys saved by the department or
 26 27 establishment due to the termination would then be used by the
 26 28 department or establishment to reduce or end the furlough
 26 29 program as it would otherwise apply to the employees of that
 26 30 department or establishment, to the extent of the savings.  If
 26 31 savings in excess of the amounts reduced by the department of
 26 32 management for the applicable executive branch department or
 26 33 establishment are received, and the furlough program for that
 26 34 department or establishment ceases, those moneys shall not
 26 35 revert to the general fund but shall be transferred to the
 27  1 applicable executive branch department or establishment for
 27  2 personnel costs which shall not be expended for personnel
 27  3 costs without prior approval of the department of management.
 27  4    b.  For a judicial or legislative branch position vacated
 27  5 by an early termination participant pursuant to an early
 27  6 termination program, the savings from that termination, as
 27  7 determined by the judicial or legislative branch as
 27  8 applicable, shall offset amounts that would otherwise be
 27  9 reduced from the appropriation to the legislative or judicial
 27 10 branch that employed the participant due to the implementation
 27 11 of a furlough program.  The moneys saved by the legislative or
 27 12 judicial branch due to the termination would then be used by
 27 13 the branch to reduce or end the furlough program as it would
 27 14 otherwise apply to the employees of that branch, to the extent
 27 15 of the savings.
 27 16    6.  ACROSS-THE-BOARD WAGE INCREASE DELAY.  If an employee
 27 17 organization representing state employees agrees to an across-
 27 18 the-board wage increase delay as provided in this subsection
 27 19 and to participate in an early termination program as provided
 27 20 in this Act, then any across-the-board wage increases for
 27 21 employees of the same state employer, who are not covered by a
 27 22 collective bargaining agreement, which would otherwise take
 27 23 effect at the beginning of the pay period in which July 1,
 27 24 2002, falls, shall be delayed until the pay period in which
 27 25 November 1, 2002, falls.  
 27 26                           DIVISION IX
 27 27                         EFFECTIVE DATE
 27 28    Sec. 52.  EFFECTIVE DATE.  Unless otherwise provided, this
 27 29 Act, being deemed of immediate importance, takes effect upon
 27 30 enactment.  
 27 31 
 27 32 
 27 33                                                             
 27 34                               BRENT SIEGRIST
 27 35                               Speaker of the House
 28  1 
 28  2 
 28  3                                                             
 28  4                               MARY E. KRAMER
 28  5                               President of the Senate
 28  6 
 28  7    I hereby certify that this bill originated in the House and
 28  8 is known as House File 2625, Seventy-ninth General Assembly.
 28  9 
 28 10 
 28 11                                                             
 28 12                               MARGARET THOMSON
 28 13                               Chief Clerk of the House
 28 14 Approved                , 2002
 28 15 
 28 16 
 28 17                            
 28 18 THOMAS J. VILSACK
 28 19 Governor
     

Text: HF02624                           Text: HF02626
Text: HF02600 - HF02699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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