Text: HF02626 Text: HF02628 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2627 1 2 1 3 AN ACT 1 4 MAKING, REDUCING, AND TRANSFERRING APPROPRIATIONS, AND 1 5 PROVIDING FOR OTHER PROPERLY RELATED MATTERS, PROVIDING 1 6 PENALTIES, AND INCLUDING EFFECTIVE AND APPLICABILITY DATE 1 7 PROVISIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 DIVISION I 1 12 ADMINISTRATION AND REGULATION 1 13 Section 1. AUDITOR OF STATE. There is appropriated from 1 14 the general fund of the state to the office of the auditor of 1 15 state for the fiscal year beginning July 1, 2002, and ending 1 16 June 30, 2003, the following amount, or so much thereof as is 1 17 necessary, to be used for the purposes designated: 1 18 For salaries, support, maintenance, miscellaneous purposes, 1 19 and for not more than the following full-time equivalent 1 20 positions: 1 21 .................................................. $ 1,078,972 1 22 ............................................... FTEs 105.47 1 23 The auditor of state may retain additional full-time 1 24 equivalent positions as is reasonable and necessary to perform 1 25 governmental subdivision audits which are reimbursable 1 26 pursuant to section 11.20 or 11.21, to perform audits which 1 27 are requested by and reimbursable from the federal government, 1 28 and to perform work requested by and reimbursable from 1 29 departments or agencies pursuant to section 11.5A or 11.5B. 1 30 The auditor of state shall notify the department of 1 31 management, the legislative fiscal committee, and the 1 32 legislative fiscal bureau of the additional full-time 1 33 equivalent positions retained. 1 34 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 1 35 is appropriated from the general fund of the state to the Iowa 2 1 ethics and campaign disclosure board for the fiscal year 2 2 beginning July 1, 2002, and ending June 30, 2003, the 2 3 following amount, or so much thereof as is necessary, for the 2 4 purposes designated: 2 5 For salaries, support, maintenance, miscellaneous purposes, 2 6 and for not more than the following full-time equivalent 2 7 positions: 2 8 .................................................. $ 410,760 2 9 ............................................... FTEs 6.00 2 10 Sec. 3. DEPARTMENT OF COMMERCE. There is appropriated 2 11 from the general fund of the state to the department of 2 12 commerce for the fiscal year beginning July 1, 2002, and 2 13 ending June 30, 2003, the following amounts, or so much 2 14 thereof as is necessary, for the purposes designated: 2 15 1. ALCOHOLIC BEVERAGES DIVISION 2 16 For salaries, support, maintenance, miscellaneous purposes, 2 17 and for not more than the following full-time equivalent 2 18 positions: 2 19 .................................................. $ 1,803,044 2 20 ............................................... FTEs 33.00 2 21 2. BANKING DIVISION 2 22 For salaries, support, maintenance, miscellaneous purposes, 2 23 and for not more than the following full-time equivalent 2 24 positions: 2 25 .................................................. $ 6,036,125 2 26 ............................................... FTEs 72.00 2 27 3. CREDIT UNION DIVISION 2 28 For salaries, support, maintenance, miscellaneous purposes, 2 29 and for not more than the following full-time equivalent 2 30 positions: 2 31 .................................................. $ 1,282,995 2 32 ............................................... FTEs 19.00 2 33 4. INSURANCE DIVISION 2 34 a. For salaries, support, maintenance, miscellaneous 2 35 purposes, and for not more than the following full-time 3 1 equivalent positions: 3 2 .................................................. $ 3,770,164 3 3 ............................................... FTEs 93.50 3 4 b. The insurance division may reallocate authorized full- 3 5 time equivalent positions as necessary to respond to 3 6 accreditation recommendations or requirements. The insurance 3 7 division expenditures for examination purposes may exceed the 3 8 projected receipts, refunds, and reimbursements, estimated 3 9 pursuant to section 505.7, subsection 7, including the 3 10 expenditures for retention of additional personnel, if the 3 11 expenditures are fully reimbursable and the division first 3 12 does both of the following: 3 13 (1) Notifies the department of management, the legislative 3 14 fiscal bureau, and the legislative fiscal committee of the 3 15 need for the expenditures. 3 16 (2) Files with each of the entities named in subparagraph 3 17 (1) the legislative and regulatory justification for the 3 18 expenditures, along with an estimate of the expenditures. 3 19 5. PROFESSIONAL LICENSING AND REGULATION DIVISION 3 20 a. For salaries, support, maintenance, miscellaneous 3 21 purposes, and for not more than the following full-time 3 22 equivalent positions: 3 23 .................................................. $ 748,342 3 24 ............................................... FTEs 11.00 3 25 b. Notwithstanding the provisions of section 543B.14 to 3 26 the contrary, all fees and charges collected by the real 3 27 estate commission under chapter 543B shall be paid into the 3 28 general fund of the state, except that for the fiscal year 3 29 beginning July 1, 2002, and ending June 30, 2003, the 3 30 equivalent of thirty dollars per year of the fees for each 3 31 real estate salesperson's license, plus the equivalent of 3 32 thirty dollars per year of the fees for each broker's license 3 33 shall be paid into the Iowa real estate education fund created 3 34 in section 543B.54. 3 35 6. UTILITIES DIVISION 4 1 a. For salaries, support, maintenance, miscellaneous 4 2 purposes, and for not more than the following full-time 4 3 equivalent positions: 4 4 .................................................. $ 6,104,810 4 5 ............................................... FTEs 79.00 4 6 b. The utilities division may expend additional funds, 4 7 including funds for additional personnel, if those additional 4 8 expenditures are actual expenses which exceed the funds 4 9 budgeted for utility regulation and the expenditures are fully 4 10 reimbursable. Before the division expends or encumbers an 4 11 amount in excess of the funds budgeted for regulation, the 4 12 division shall first do both of the following: 4 13 (1) Notify the department of management, the legislative 4 14 fiscal bureau, and the legislative fiscal committee of the 4 15 need for the expenditures. 4 16 (2) File with each of the entities named in subparagraph 4 17 (1) the legislative and regulatory justification for the 4 18 expenditures, along with an estimate of the expenditures. 4 19 The utilities division shall assess the office of consumer 4 20 advocate within the department of justice a pro rata share of 4 21 the operating expenses of the utilities division. Each 4 22 division and the office of consumer advocate shall include in 4 23 its charges assessed or revenues generated, an amount 4 24 sufficient to cover the amount stated in its appropriation, 4 25 any state-assessed indirect costs determined by the department 4 26 of revenue and finance. It is the intent of the general 4 27 assembly that the director of the department of commerce shall 4 28 review on a quarterly basis all out-of-state travel for the 4 29 previous quarter for officers and employees of each division 4 30 of the department if the travel is not already authorized by 4 31 the executive council. 4 32 7. ACCOUNTABLE GOVERNMENT REPORT 4 33 Each division of the department of commerce shall submit a 4 34 report to the cochairpersons and ranking members of the joint 4 35 appropriations subcommittee on administration and regulation 5 1 on or before January 13, 2003, which encompasses the reporting 5 2 requirements provided in Code chapter 8E, including 5 3 development of an agency strategic plan, performance measures, 5 4 performance targets based on performance data, performance 5 5 data, and data sources used to evaluate the agency 5 6 performance, and explanations of the plan's provisions. 5 7 Sec. 4. DEPARTMENT OF COMMERCE – PROFESSIONAL LICENSING 5 8 AND REGULATION. There is appropriated from the housing 5 9 improvement fund of the Iowa department of economic 5 10 development to the division of professional licensing and 5 11 regulation of the department of commerce for the fiscal year 5 12 beginning July 1, 2002, and ending June 30, 2003, the 5 13 following amount, or so much thereof as is necessary, to be 5 14 used for the purposes designated: 5 15 For salaries, support, maintenance, and miscellaneous 5 16 purposes: 5 17 .................................................. $ 62,317 5 18 Sec. 5. DEPARTMENT OF GENERAL SERVICES. There is 5 19 appropriated from the general fund of the state to the 5 20 department of general services for the fiscal year beginning 5 21 July 1, 2002, and ending June 30, 2003, the following amounts, 5 22 or so much thereof as is necessary, to be used for the 5 23 purposes designated: 5 24 1. ADMINISTRATION AND PROPERTY MANAGEMENT 5 25 For salaries, support, maintenance, miscellaneous purposes, 5 26 and for not more than the following full-time equivalent 5 27 positions: 5 28 .................................................. $ 5,271,304 5 29 ............................................... FTEs 152.60 5 30 2. TERRACE HILL OPERATIONS 5 31 For salaries, support, maintenance, and miscellaneous 5 32 purposes necessary for the operation of Terrace Hill and for 5 33 not more than the following full-time equivalent positions: 5 34 .................................................. $ 236,037 5 35 ............................................... FTEs 5.00 6 1 3. RENTAL SPACE 6 2 For payment of lease or rental costs of buildings and 6 3 office space as provided in section 18.12, subsection 9, 6 4 notwithstanding section 18.16: 6 5 .................................................. $ 846,770 6 6 The department shall prepare a summary of lease and rental 6 7 agreements entered into by the department with information 6 8 concerning the location of leased property, the funding source 6 9 for each lease, and the cost of the lease. The summary shall 6 10 be submitted to the general assembly by January 13, 2003. 6 11 4. UTILITY COSTS 6 12 For payment of utility costs and for not more than the 6 13 following full-time equivalent position: 6 14 .................................................. $ 1,817,095 6 15 ............................................... FTEs 1.00 6 16 Notwithstanding sections 8.33 and 18.12, subsection 11, any 6 17 excess funds appropriated for utility costs in this subsection 6 18 shall not revert to the general fund of the state at the end 6 19 of the fiscal year but shall remain available for expenditure 6 20 for the purposes of this subsection during the fiscal year 6 21 beginning July 1, 2003. 6 22 5. The department of general services shall identify all 6 23 positions throughout state government that have job 6 24 responsibilities that are duplicative of the same or similar 6 25 job functions that are performed by similar positions in the 6 26 department of general services. The positions throughout 6 27 state government that are duplicative of positions in the 6 28 department of general services shall be identified by 6 29 department, position title, and position pay grade. The 6 30 department of general services shall also determine if the 6 31 department can perform the functions of the duplicated 6 32 position. The department shall submit a report, with 6 33 findings, conclusions, and supporting data, to the oversight 6 34 committee of the general assembly by September 1, 2002. 6 35 Sec. 6. REVOLVING FUNDS. There is appropriated from the 7 1 designated revolving funds to the department of general 7 2 services for the fiscal year beginning July 1, 2002, and 7 3 ending June 30, 2003, the following amounts, or so much 7 4 thereof as is necessary, to be used for the purposes 7 5 designated: 7 6 1. CENTRALIZED PURCHASING 7 7 From the centralized purchasing permanent revolving fund 7 8 established by section 18.9 for salaries, support, 7 9 maintenance, miscellaneous purposes, and for not more than the 7 10 following full-time equivalent positions: 7 11 .................................................. $ 1,118,960 7 12 ............................................... FTEs 17.95 7 13 2. CENTRALIZED PURCHASING – REMAINDER 7 14 The remainder of the centralized purchasing permanent 7 15 revolving fund is appropriated for the payment of expenses 7 16 incurred through purchases by various state departments and 7 17 for contingencies arising during the fiscal year beginning 7 18 July 1, 2002, and ending June 30, 2003, which are legally 7 19 payable from this fund. 7 20 3. STATE FLEET ADMINISTRATOR 7 21 a. From the state fleet administrator revolving fund 7 22 established by section 18.119 for salaries, support, 7 23 maintenance, miscellaneous purposes, and for not more than the 7 24 following full-time equivalent positions: 7 25 .................................................. $ 881,501 7 26 ............................................... FTEs 16.75 7 27 b. The state fleet administrator shall conduct a study 7 28 concerning the utilization of state-owned vehicles by state 7 29 government that are under the control of the administrator 7 30 pursuant to section 18.114. As part of the study, the state 7 31 fleet administrator shall investigate the cost and benefits of 7 32 entering into an agreement with an entity that leases or rents 7 33 vehicles for the purpose of providing vehicles from that 7 34 source for use by state government. The study shall also 7 35 examine what revenue may be generated as a result of the sale 8 1 of state-owned vehicles. The state fleet administrator shall 8 2 submit a report to the general assembly by January 13, 2003, 8 3 concerning the progress of the administrator in meeting the 8 4 goal of reducing the number of state-owned vehicles. The 8 5 report shall include all relevant data concerning the study, 8 6 any actions taken to reduce the number of state-owned 8 7 vehicles, and any proposed legislative changes needed to 8 8 implement the goal of reducing the number of state-owned 8 9 vehicles. 8 10 4. STATE FLEET ADMINISTRATOR – REMAINDER 8 11 The remainder of the state fleet administrator revolving 8 12 fund is appropriated for the purchase of ethanol blended fuels 8 13 and other fuels specified in section 18.115, subsection 5, 8 14 oil, tires, repairs, and all other maintenance expenses 8 15 incurred in the operation of state-owned motor vehicles and 8 16 for contingencies arising during the fiscal year beginning 8 17 July 1, 2002, and ending June 30, 2003, which are legally 8 18 payable from this fund. 8 19 5. CENTRALIZED PRINTING 8 20 From the centralized printing permanent revolving fund 8 21 established by section 18.57 for salaries, support, 8 22 maintenance, miscellaneous purposes, and for not more than the 8 23 following full-time equivalent positions: 8 24 .................................................. $ 1,328,025 8 25 ............................................... FTEs 29.55 8 26 6. CENTRALIZED PRINTING – REMAINDER 8 27 The remainder of the centralized printing permanent 8 28 revolving fund is appropriated for the expense incurred in 8 29 supplying paper stock, offset printing, copy preparation, 8 30 binding, distribution costs, original payment of printing and 8 31 binding claims and contingencies arising during the fiscal 8 32 year beginning July 1, 2002, and ending June 30, 2003, which 8 33 are legally payable from this fund. 8 34 Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There is 8 35 appropriated from the general fund of the state to the offices 9 1 of the governor and the lieutenant governor for the fiscal 9 2 year beginning July 1, 2002, and ending June 30, 2003, the 9 3 following amounts, or so much thereof as is necessary, to be 9 4 used for the purposes designated: 9 5 1. GENERAL OFFICE 9 6 For salaries, support, maintenance, and miscellaneous 9 7 purposes for the general office of the governor and the 9 8 general office of the lieutenant governor, and for not more 9 9 than the following full-time equivalent positions: 9 10 .................................................. $ 1,270,595 9 11 ............................................... FTEs 17.25 9 12 2. TERRACE HILL QUARTERS 9 13 For salaries, support, maintenance, and miscellaneous 9 14 purposes for the governor's quarters at Terrace Hill, and for 9 15 not more than the following full-time equivalent positions: 9 16 .................................................. $ 100,519 9 17 ............................................... FTEs 3.00 9 18 3. ADMINISTRATIVE RULES COORDINATOR 9 19 For salaries, support, maintenance, and miscellaneous 9 20 purposes for the office of administrative rules coordinator, 9 21 and for not more than the following full-time equivalent 9 22 positions: 9 23 .................................................. $ 132,113 9 24 ............................................... FTEs 3.00 9 25 4. NATIONAL GOVERNORS ASSOCIATION 9 26 For payment of Iowa's membership in the national governors 9 27 association: 9 28 .................................................. $ 64,393 9 29 5. STATE-FEDERAL RELATIONS 9 30 For salaries, support, maintenance, miscellaneous purposes, 9 31 and for not more than the following full-time equivalent 9 32 positions: 9 33 .................................................. $ 106,802 9 34 ............................................... FTEs 2.00 9 35 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 10 1 appropriated from the general fund of the state to the 10 2 department of inspections and appeals for the fiscal year 10 3 beginning July 1, 2002, and ending June 30, 2003, the 10 4 following amounts, or so much thereof as is necessary, for the 10 5 purposes designated: 10 6 1. Administration division 10 7 For salaries, support, maintenance, miscellaneous purposes, 10 8 and for not more than the following full-time equivalent 10 9 positions: 10 10 .................................................. $ 714,101 10 11 ............................................... FTEs 24.00 10 12 2. Administrative hearings division 10 13 For salaries, support, maintenance, miscellaneous purposes, 10 14 and for not more than the following full-time equivalent 10 15 positions: 10 16 .................................................. $ 472,240 10 17 ............................................... FTEs 30.00 10 18 3. Investigations division 10 19 For salaries, support, maintenance, miscellaneous purposes, 10 20 and for not more than the following full-time equivalent 10 21 positions: 10 22 .................................................. $ 1,376,587 10 23 ............................................... FTEs 46.00 10 24 4. Health facilities division 10 25 For salaries, support, maintenance, miscellaneous purposes, 10 26 and for not more than the following full-time equivalent 10 27 positions: 10 28 .................................................. $ 2,276,504 10 29 ............................................... FTEs 108.00 10 30 5. Inspections division 10 31 For salaries, support, maintenance, miscellaneous purposes, 10 32 and for not more than the following full-time equivalent 10 33 positions: 10 34 .................................................. $ 759,066 10 35 ............................................... FTEs 13.00 11 1 6. Employment appeal board 11 2 For salaries, support, maintenance, miscellaneous purposes, 11 3 and for not more than the following full-time equivalent 11 4 positions: 11 5 .................................................. $ 34,172 11 6 ............................................... FTEs 15.00 11 7 The employment appeal board shall be reimbursed by the 11 8 labor services division of the department of workforce 11 9 development for all costs associated with hearings conducted 11 10 under chapter 91C, related to contractor registration. The 11 11 board may expend, in addition to the amount appropriated under 11 12 this subsection, additional amounts as are directly billable 11 13 to the labor services division under this subsection and to 11 14 retain the additional full-time equivalent positions as needed 11 15 to conduct hearings required pursuant to chapter 91C. 11 16 7. Child advocacy board 11 17 For foster care review and the court appointed special 11 18 advocate program, including salaries, support, maintenance, 11 19 miscellaneous purposes, and for not more than the following 11 20 full-time equivalent positions: 11 21 .................................................. $ 1,711,033 11 22 ............................................... FTEs 44.00 11 23 a. The department of human services, in coordination with 11 24 the child advocacy board, and the department of inspections 11 25 and appeals, shall submit an application for funding available 11 26 pursuant to Title IV-E of the federal Social Security Act for 11 27 claims for child advocacy board, administrative review costs. 11 28 b. It is the intent of the general assembly that the court 11 29 appointed special advocate program investigate and develop 11 30 opportunities for expanding fund-raising for the program. 11 31 c. The child advocacy board shall report to the 11 32 chairpersons and ranking members of the joint appropriations 11 33 subcommittee on administration and regulation and the 11 34 legislative fiscal bureau by August 31, 2002, providing a 11 35 budget for the appropriation made in this subsection. The 12 1 budget shall delineate the expenditures planned for foster 12 2 care review, the court appointed special advocate program, 12 3 joint expenditures, and other pertinent information. The 12 4 board shall submit to the same entities a report of the actual 12 5 expenditures at the close of the fiscal year. 12 6 d. Administrative costs charged by the department of 12 7 inspections and appeals for items funded under this subsection 12 8 shall not exceed 4 percent of the amount appropriated in this 12 9 subsection. 12 10 Sec. 9. RACING AND GAMING COMMISSION. 12 11 1. RACETRACK REGULATION 12 12 There is appropriated from the general fund of the state to 12 13 the racing and gaming commission of the department of 12 14 inspections and appeals for the fiscal year beginning July 1, 12 15 2002, and ending June 30, 2003, the following amount, or so 12 16 much thereof as is necessary, to be used for the purposes 12 17 designated: 12 18 For salaries, support, maintenance, and miscellaneous 12 19 purposes for the regulation of pari-mutuel racetracks, and for 12 20 not more than the following full-time equivalent positions: 12 21 .................................................. $ 2,083,762 12 22 ............................................... FTEs 24.78 12 23 Of the funds appropriated in this subsection, $85,576 shall 12 24 be used to conduct an extended harness racing season. 12 25 2. EXCURSION BOAT REGULATION 12 26 There is appropriated from the general fund of the state to 12 27 the racing and gaming commission of the department of 12 28 inspections and appeals for the fiscal year beginning July 1, 12 29 2002, and ending June 30, 2003, the following amount, or so 12 30 much thereof as is necessary, to be used for the purposes 12 31 designated: 12 32 For salaries, support, maintenance, and miscellaneous 12 33 purposes for administration and enforcement of the excursion 12 34 boat gambling laws, and for not more than the following full- 12 35 time equivalent positions: 13 1 .................................................. $ 1,602,611 13 2 ............................................... FTEs 30.97 13 3 3. ACCOUNTABLE GOVERNMENT REPORT 13 4 The racing and gaming commission shall submit a report to 13 5 the cochairpersons and ranking members of the joint 13 6 appropriations subcommittee on administration and regulation 13 7 on or before January 13, 2003, which encompasses the reporting 13 8 requirements provided in Code chapter 8E, including 13 9 development of an agency strategic plan, performance measures, 13 10 performance targets based on performance data, performance 13 11 data, and data sources used to evaluate the agency 13 12 performance, and explanations of the plan's provisions. 13 13 Sec. 10. USE TAX APPROPRIATION. There is appropriated 13 14 from the use tax receipts collected pursuant to sections 423.7 13 15 and 423.7A prior to their deposit in the road use tax fund 13 16 pursuant to section 423.24, to the appeals and fair hearings 13 17 division of the department of inspections and appeals for the 13 18 fiscal year beginning July 1, 2002, and ending June 30, 2003, 13 19 the following amount, or so much thereof as is necessary, for 13 20 the purposes designated: 13 21 For salaries, support, maintenance, and miscellaneous 13 22 purposes: 13 23 .................................................. $ 1,197,552 13 24 Sec. 11. DEPARTMENT OF MANAGEMENT. There is appropriated 13 25 from the general fund of the state to the department of 13 26 management for the fiscal year beginning July 1, 2002, and 13 27 ending June 30, 2003, the following amounts, or so much 13 28 thereof as is necessary, to be used for the purposes 13 29 designated: 13 30 1. GENERAL OFFICE – STATEWIDE PROPERTY TAX ADMINISTRATION 13 31 For salaries, support, maintenance, miscellaneous purposes, 13 32 and for not more than the following full-time equivalent 13 33 positions: 13 34 .................................................. $ 2,100,036 13 35 ............................................... FTEs 33.00 14 1 2. ENTERPRISE RESOURCE PLANNING 14 2 If funding is provided for the redesign of the enterprise 14 3 resource planning budget system for the fiscal year beginning 14 4 July 1, 2002, then there is appropriated from the general fund 14 5 of the state to the department of management for the fiscal 14 6 year beginning July 1, 2002, and ending June 30, 2003, the 14 7 following amount, or so much thereof as is necessary, to be 14 8 used for the purpose designated: 14 9 For salaries, support, maintenance, and miscellaneous 14 10 purposes for administration of the enterprise resource 14 11 planning system, and for not more than the following full-time 14 12 equivalent position: 14 13 .................................................. $ 58,680 14 14 ............................................... FTEs 1.00 14 15 3. STATE GOVERNMENT ADMINISTRATIVE SERVICES REORGANIZATION 14 16 The department of management, in consultation with other 14 17 administrative departments, shall continue to study and pursue 14 18 the goal of providing for the reorganization of state 14 19 government in order to facilitate the efficient and effective 14 20 delivery of state government services. The reorganization 14 21 study shall concentrate on establishing a new state 14 22 organization that will increase the efficiency of managing the 14 23 major resources of state government, including personnel, 14 24 financial, physical, and information assets, in order to 14 25 provide better service at less cost to all departments of 14 26 state government and the citizens of Iowa. As part of this 14 27 study, the department shall identify and examine areas where 14 28 duplicative services are performed by state government which 14 29 may be more efficiently accomplished by a reorganization and 14 30 redesign of state government. In addition, as part of this 14 31 reorganization study, support services provided to state 14 32 agencies should be reoriented to continuously improve service 14 33 and lower costs through a strong customer focus and 14 34 entrepreneurial management. The department of management 14 35 shall submit a report, including its findings, conclusions, 15 1 and specific recommendations for legislative change, to the 15 2 general assembly by December 2, 2002. 15 3 Sec. 12. ROAD USE TAX APPROPRIATION. There is 15 4 appropriated from the road use tax fund to the department of 15 5 management for the fiscal year beginning July 1, 2002, and 15 6 ending June 30, 2003, the following amount, or so much thereof 15 7 as is necessary, to be used for the purposes designated: 15 8 For salaries, support, maintenance, and miscellaneous 15 9 purposes: 15 10 .................................................. $ 56,000 15 11 Sec. 13. DEPARTMENT OF PERSONNEL. There is appropriated 15 12 from the general fund of the state to the department of 15 13 personnel for the fiscal year beginning July 1, 2002, and 15 14 ending June 30, 2003, the following amounts, or so much 15 15 thereof as is necessary, to be used for the purposes 15 16 designated, including the filing of quarterly reports as 15 17 required in this section: 15 18 1. For salaries, support, maintenance, and miscellaneous 15 19 purposes for the director's staff, research, communications 15 20 and workforce planning services, data processing, financial 15 21 services, customer information and support services, 15 22 employment law and labor relations, training and benefit 15 23 programs, and for not more than the following full-time 15 24 equivalent positions: 15 25 .................................................. $ 3,723,868 15 26 ............................................... FTEs 86.00 15 27 Any funds received by the department for workers' 15 28 compensation purposes shall be used only for the payment of 15 29 workers' compensation claims and administrative costs. 15 30 It is the intent of the general assembly that members of 15 31 the general assembly serving as members of the deferred 15 32 compensation advisory board shall be entitled to receive per 15 33 diem and necessary travel and actual expenses pursuant to 15 34 section 2.10, subsection 5, while carrying out their official 15 35 duties as members of the board. 16 1 2. The department of personnel shall identify all 16 2 positions throughout state government that have job 16 3 responsibilities that are duplicative of the same or similar 16 4 job functions that are performed by similar positions in the 16 5 department of personnel. The positions throughout state 16 6 government that are duplicative of positions in the department 16 7 of personnel shall be identified by department, position 16 8 title, and position pay grade. The department of personnel 16 9 shall also determine if the department can perform the 16 10 functions of the duplicated position. The department shall 16 11 submit a report, with findings, conclusions, and supporting 16 12 data, to the oversight committee of the general assembly by 16 13 September 1, 2002. 16 14 Sec. 14. READY TO WORK PROGRAM COORDINATOR. There is 16 15 appropriated from the surplus funds in the long-term 16 16 disability reserve fund and the workers' compensation trust 16 17 fund to the department of personnel for the fiscal year 16 18 beginning July 1, 2002, and ending June 30, 2003, the 16 19 following amount, or so much thereof as is necessary, to be 16 20 used for the purposes designated: 16 21 For the salary, support, and miscellaneous expenses for the 16 22 ready to work program and coordinator: 16 23 .................................................. $ 89,416 16 24 The moneys appropriated pursuant to this section shall be 16 25 taken in equal proportions from the long-term disability 16 26 reserve fund and the workers' compensation trust fund. 16 27 Sec. 15. IPERS. There is appropriated from the Iowa 16 28 public employees' retirement system fund to the department of 16 29 personnel for the fiscal year beginning July 1, 2002, and 16 30 ending June 30, 2003, the following amount, or so much thereof 16 31 as is necessary, to be used for the purposes designated: 16 32 1. GENERAL OFFICE 16 33 For salaries, support, maintenance, and other operational 16 34 purposes to pay the costs of the Iowa public employees' 16 35 retirement system division and for not more than the following 17 1 full-time positions: 17 2 .................................................. $ 8,062,203 17 3 ............................................... FTEs 90.04 17 4 2. INVESTMENT PROGRAM STAFFING 17 5 It is the intent of the general assembly that the Iowa 17 6 public employees' retirement system division employ sufficient 17 7 staff within the appropriation provided in this section to 17 8 meet the developing requirements of the investment program. 17 9 Sec. 16. IPERS – DEFERRED RETIREMENT OPTION PROGRAM AND 17 10 TERMINATED VESTED MEMBER STUDIES. There is appropriated from 17 11 the Iowa public employees' retirement system fund to the Iowa 17 12 public employees' retirement system division for the fiscal 17 13 year beginning July 1, 2002, and ending June 30, 2003, the 17 14 following amounts, or so much thereof as is necessary, to be 17 15 used for the purposes designated: 17 16 1. For expenses related to the study of the implementation 17 17 of a cost-neutral deferred retirement option plan as directed 17 18 in 2002 Iowa Acts, House File 2532: 17 19 .................................................. $ 95,000 17 20 2. For expenses related to the study of the implementation 17 21 of a new option for terminated vested members as directed in 17 22 2002 Iowa Acts, House File 2532: 17 23 .................................................. $ 40,000 17 24 Sec. 17. PRIMARY ROAD FUND APPROPRIATION. There is 17 25 appropriated from the primary road fund to the department of 17 26 personnel for the fiscal year beginning July 1, 2002, and 17 27 ending June 30, 2003, the following amount, or so much thereof 17 28 as is necessary, to be used for the purposes designated: 17 29 For salaries, support, maintenance, and miscellaneous 17 30 purposes to provide personnel services for the state 17 31 department of transportation: 17 32 .................................................. $ 423,539 17 33 Sec. 18. ROAD USE TAX FUND APPROPRIATION. There is 17 34 appropriated from the road use tax fund to the department of 17 35 personnel for the fiscal year beginning July 1, 2002, and 18 1 ending June 30, 2003, the following amount, or so much thereof 18 2 as is necessary, to be used for the purposes designated: 18 3 For salaries, support, maintenance, and miscellaneous 18 4 purposes to provide personnel services for the state 18 5 department of transportation: 18 6 .................................................. $ 69,237 18 7 Sec. 19. STATE WORKERS' COMPENSATION CLAIMS. The premiums 18 8 collected by the department of personnel shall be segregated 18 9 into a separate workers' compensation fund in the state 18 10 treasury to be used for payment of state employees' workers' 18 11 compensation claims. Notwithstanding section 8.33, 18 12 unencumbered or unobligated moneys remaining in this workers' 18 13 compensation fund at the end of the fiscal year shall not 18 14 revert but shall be available for expenditure for purposes of 18 15 the fund for subsequent fiscal years. 18 16 Any funds received by the department of personnel for 18 17 workers' compensation purposes other than funds appropriated 18 18 in this section shall be used for the payment of workers' 18 19 compensation claims and administrative costs. 18 20 Sec. 20. DEPARTMENT OF REVENUE AND FINANCE. There is 18 21 appropriated from the general fund of the state to the 18 22 department of revenue and finance for the fiscal year 18 23 beginning July 1, 2002, and ending June 30, 2003, the 18 24 following amounts, or so much thereof as is necessary, to be 18 25 used for the purposes designated, and for not more than the 18 26 following full-time equivalent positions used for the purposes 18 27 designated in subsection 1: 18 28 ............................................... FTEs 443.01 18 29 1. COMPLIANCE – INTERNAL RESOURCES MANAGEMENT – STATE 18 30 FINANCIAL MANAGEMENT – STATEWIDE PROPERTY TAX ADMINISTRATION 18 31 For salaries, support, maintenance, and miscellaneous 18 32 purposes: 18 33 .................................................. $ 24,781,012 18 34 Of the funds appropriated pursuant to this subsection, 18 35 $400,000 shall be used to pay the direct costs of compliance 19 1 related to the collection and distribution of local sales and 19 2 services taxes imposed pursuant to chapters 422B and 422E. 19 3 The director of revenue and finance shall prepare and issue 19 4 a state appraisal manual and the revisions to the state 19 5 appraisal manual as provided in section 421.17, subsection 18, 19 6 without cost to a city or county. 19 7 2. COLLECTION COSTS AND FEES 19 8 For payment of collection costs and fees pursuant to 19 9 section 422.26: 19 10 .................................................. $ 28,166 19 11 Sec. 21. LOTTERY. 19 12 1. APPROPRIATION. There is appropriated from the lottery 19 13 fund to the department of revenue and finance for the fiscal 19 14 year beginning July 1, 2002, and ending June 30, 2003, the 19 15 following amount, or so much thereof as is necessary, to be 19 16 used for the purposes designated: 19 17 For salaries, support, maintenance, miscellaneous purposes 19 18 for the administration and operation of lottery games, and for 19 19 not more than the following full-time equivalent positions: 19 20 .................................................. $ 8,688,714 19 21 ............................................... FTEs 117.00 19 22 The lottery shall deduct $500,000 from its calculated 19 23 retained earnings before making lottery proceeds transfers to 19 24 the general fund of the state during the fiscal year beginning 19 25 July 1, 2002. 19 26 2. ACCOUNTABLE GOVERNMENT REPORT. The lottery shall 19 27 submit a report to the cochairpersons and ranking members of 19 28 the joint appropriations subcommittee on administration and 19 29 regulation on or before January 13, 2003, which encompasses 19 30 the reporting requirements provided in Code chapter 8E, 19 31 including development of an agency strategic plan, performance 19 32 measures, performance targets based on performance data, 19 33 performance data, and data sources used to evaluate the agency 19 34 performance, and explanations of the plan's provisions. In 19 35 submitting the report required by this subsection, the lottery 20 1 is not required to disclose any proprietary or otherwise 20 2 confidential information which is considered a confidential 20 3 record pursuant to section 22.7. 20 4 3. VIDEO LOTTERY. It is the intent of the general 20 5 assembly that the lottery should investigate whether the 20 6 deployment of vending machines with video screens would 20 7 enhance the lottery's ability to perform its statutory duties 20 8 and if, in the business judgment of the lottery commissioner 20 9 and the lottery board, it would do so, that the lottery is 20 10 authorized to establish a plan to implement the deployment of 20 11 pull-tab vending machines with video monitors consistent with 20 12 the requirements of this subsection. At a minimum, the 20 13 deployment plan shall include provisions for restricting 20 14 access to these machines by minors, including but not limited 20 15 to requirements relating to the location of these machines. 20 16 Prior to implementing the deployment plan as described in this 20 17 subsection, the lottery shall notify the legislative oversight 20 18 committee and shall submit a report to the committee 20 19 describing the deployment plan, including measures the lottery 20 20 will implement to restrict access to the machines by minors. 20 21 Sec. 22. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 20 22 appropriated from the motor fuel tax fund created by section 20 23 452A.77 to the department of revenue and finance for the 20 24 fiscal year beginning July 1, 2002, and ending June 30, 2003, 20 25 the following amount, or so much thereof as is necessary, to 20 26 be used for the purposes designated: 20 27 For salaries, support, maintenance, and miscellaneous 20 28 purposes for administration and enforcement of the provisions 20 29 of chapter 452A and the motor vehicle use tax program: 20 30 .................................................. $ 1,084,112 20 31 Sec. 23. SECRETARY OF STATE. There is appropriated from 20 32 the general fund of the state to the office of the secretary 20 33 of state for the fiscal year beginning July 1, 2002, and 20 34 ending June 30, 2003, the following amounts, or so much 20 35 thereof as is necessary, to be used for the purposes 21 1 designated: 21 2 1. ADMINISTRATION AND ELECTIONS 21 3 For salaries, support, maintenance, miscellaneous purposes, 21 4 and for not more than the following full-time equivalent 21 5 positions: 21 6 .................................................. $ 680,716 21 7 ............................................... FTEs 10.00 21 8 It is the intent of the general assembly that the state 21 9 department or state agency which provides data processing 21 10 services to support voter registration file maintenance and 21 11 storage shall provide those services without charge. 21 12 2. BUSINESS SERVICES 21 13 For salaries, support, maintenance, miscellaneous purposes, 21 14 and for not more than the following full-time equivalent 21 15 positions: 21 16 .................................................. $ 1,433,235 21 17 ............................................... FTEs 32.00 21 18 Sec. 24. SECRETARY OF STATE FILING FEES REFUND. 21 19 Notwithstanding the obligation to collect fees pursuant to the 21 20 provisions of section 490.122, subsection 1, paragraphs "a" 21 21 and "s", and section 504A.85, subsections 1 and 9, for the 21 22 fiscal year beginning July 1, 2002, and ending June 30, 2003, 21 23 the secretary of state may refund these fees to the filer 21 24 pursuant to rules established by the secretary of state. The 21 25 decision of the secretary of state not to issue a refund under 21 26 rules established by the secretary of state is final and not 21 27 subject to review pursuant to the provisions of the Iowa 21 28 administrative procedure Act. 21 29 Sec. 25. TREASURER. There is appropriated from the 21 30 general fund of the state to the office of treasurer of state 21 31 for the fiscal year beginning July 1, 2002, and ending June 21 32 30, 2003, the following amount, or so much thereof as is 21 33 necessary, to be used for the purposes designated: 21 34 For salaries, support, maintenance, miscellaneous purposes, 21 35 and for not more than the following full-time equivalent 22 1 positions: 22 2 .................................................. $ 785,550 22 3 ............................................... FTEs 25.80 22 4 The office of treasurer of state shall supply clerical and 22 5 secretarial support for the executive council. 22 6 The treasurer of state is authorized not more than the 22 7 following additional full-time equivalent position for the 22 8 purposes provided for in 2002 Iowa Acts, House File 681, 22 9 relating to the pledging of collateral in relation to the 22 10 deposit of uninsured public funds: 22 11 ............................................... FTEs 1.00 22 12 The treasurer of state may expend additional funds for the 22 13 purposes of 2002 Iowa Acts, House File 681, if those 22 14 additional expenditures are actual expenses as provided in 22 15 2002 Iowa Acts, House File 681, and the expenses are fully 22 16 reimbursable. 22 17 Sec. 26. INFORMATION TECHNOLOGY DEPARTMENT. There is 22 18 appropriated from the general fund of the state to the 22 19 information technology department for the fiscal year 22 20 beginning July 1, 2002, and ending June 30, 2003, the 22 21 following amount, or so much thereof as is necessary, to be 22 22 used for the purpose designated: 22 23 For the purpose of providing information technology 22 24 services to state agencies and for the following full-time 22 25 equivalent positions: 22 26 .................................................. $ 2,982,748 22 27 ............................................... FTEs 125.00 22 28 1. The information technology department shall not 22 29 increase any fees or charges to other state agencies for 22 30 services provided to such state agencies by the department, 22 31 unless such increase in fees or charges is first reported to 22 32 the department of management. The department of management 22 33 shall submit a report notifying the legislative fiscal bureau 22 34 regarding any fee increase as the increase occurs. 22 35 2. The department of information technology shall identify 23 1 all positions throughout state government that have job 23 2 responsibilities that are duplicative of the same or similar 23 3 job functions that are performed by similar positions in the 23 4 department of information technology. The positions 23 5 throughout state government that are duplicative of positions 23 6 in the department of information technology shall be 23 7 identified by department, position title, and position pay 23 8 grade. The department of information technology shall also 23 9 determine if the department can perform the functions of the 23 10 duplicated position. The department shall submit a report, 23 11 with findings, conclusions, and supporting data, to the 23 12 oversight committee of the general assembly by September 1, 23 13 2002. 23 14 3. The information technology department shall submit a 23 15 report to the general assembly by January 13, 2003, providing 23 16 information concerning the funding of the operation of the 23 17 department, to include information concerning the receipt and 23 18 use of fees and other revenues by the department, the method 23 19 of determining fees to be charged, and information comparing 23 20 fees charged by the department with comparable private sector 23 21 rates. 23 22 4. It is the intent of the general assembly that all 23 23 agencies comply with the requirements established in section 23 24 304.13A relating to utilization of the electronic repository 23 25 developed for the purpose of providing public access to agency 23 26 publications. To ensure compliance with the requirements, the 23 27 department of management, the information technology 23 28 department, and the state librarian shall coordinate the 23 29 development of a process to maximize and monitor the extent to 23 30 which the number of printed copies of agency publications is 23 31 reduced, and to realize monetary savings through the 23 32 reduction. The process shall include a policy for 23 33 distribution of written copies of publications to members of 23 34 the general assembly on a request-only basis and weekly 23 35 notification of a new publication posting on the repository by 24 1 the state librarian to the secretary of state, secretary of 24 2 the senate, and chief clerk of the house of representatives, 24 3 who in turn shall notify members of the general assembly of 24 4 publication availability. The process shall also include the 24 5 electronic submission of a report by November 1, annually, to 24 6 the legislative fiscal bureau and legislative fiscal committee 24 7 detailing the number of written copies of agency publications 24 8 produced in the preceding two fiscal years, and indicating the 24 9 extent to which a reduction may be observed. 24 10 Sec. 27. FUNDING FOR IOWACCESS. 24 11 1. Notwithstanding section 321A.3, subsection 1, for the 24 12 fiscal year beginning July 1, 2002, and ending June 30, 2003, 24 13 the first $1,000,000 collected and transferred by the 24 14 department of transportation to the treasurer of state with 24 15 respect to the fees for transactions involving the furnishing 24 16 of a certified abstract of a vehicle operating record under 24 17 section 321A.3, subsection 1, shall be transferred to the 24 18 IowAccess revolving fund created in section 14B.206 and 24 19 administered by the information technology department for the 24 20 purposes of developing, implementing, maintaining, and 24 21 expanding electronic access to government records in 24 22 accordance with the requirements set forth in chapter 14B. 24 23 2. It is the intent of the general assembly that all fees 24 24 collected with respect to transactions involving IowAccess 24 25 shall be deposited in the IowAccess revolving fund created in 24 26 section 14B.206 and shall be used only for the support of 24 27 IowAccess projects. 24 28 Sec. 28. DUPLICATION AND REORGANIZATION REVIEWS. In 24 29 implementing the requirements of this division I of this Act, 24 30 involving the department of general services, department of 24 31 management, department of personnel, and information 24 32 technology department identifying duplicative positions or 24 33 studying the reorganization of state government, those 24 34 departments shall consult with the departments that may be 24 35 affected, consider previously conducted studies or reviews, 25 1 and identify the projected impacts of recommended changes upon 25 2 the general fund of the state, road use tax fund, and any 25 3 other affected funding source. 25 4 Sec. 29. Section 7D.33, subsection 2, Code 2001, is 25 5 amended by adding the following new paragraph: 25 6 NEW PARAGRAPH. e. The method of promoting the suggestion 25 7 program in the broadest possible manner to state employees. 25 8 Sec. 30. Section 7D.33, subsection 3, paragraph a, Code 25 9 2001, is amended to read as follows: 25 10 a. When a suggestion is implemented and results in a 25 11 direct cost reduction within state government, the suggester 25 12 shall be awarded ten percent of the first year's net savings, 25 13 not exceedingtwo thousand five hundredtwenty-five thousand 25 14 dollarsor, and a certificate. A cash award shall not be 25 15 awarded for a suggestion which saves less than one hundred 25 16 dollars during the first year of implementation. The 25 17 department head shall approve all awards and determine the 25 18 amount to be awarded. Appeals of award amounts shall be 25 19 submitted to the director of the department of management 25 20 whose decision is final. 25 21 Sec. 31. Section 476.53, Code Supplement 2001, is amended 25 22 by adding the following new subsection: 25 23 NEW SUBSECTION. 4. The utilities board and the consumer 25 24 advocate may employ additional temporary staff, or may 25 25 contract for professional services with persons who are not 25 26 state employees, as the board and the consumer advocate deem 25 27 necessary to perform required functions as provided in this 25 28 section, including but not limited to, review of power 25 29 purchase contracts, review of emission plans and budgets, and 25 30 review of ratemaking principles proposed for construction or 25 31 lease of a new generating facility. Beginning July 1, 2002, 25 32 there is appropriated out of any funds in the state treasury 25 33 not otherwise appropriated, such sums as may be necessary to 25 34 enable the board and the consumer advocate to hire additional 25 35 staff and contract for services under this section. The costs 26 1 of the additional staff and services shall be assessed to the 26 2 utilities pursuant to the procedure in section 476.10 and 26 3 section 475A.6. 26 4 Sec. 32. Section 505.7, subsection 4, Code 2001, is 26 5 amended by striking the subsection and inserting in lieu 26 6 thereof the following: 26 7 4. Except as otherwise provided in subsection 6, the 26 8 insurance division may expend additional funds if those 26 9 additional expenditures are actual expenses which exceed the 26 10 funds budgeted for statutory duties of the division and 26 11 directly result from the statutory duties of the division. 26 12 The amounts necessary to fund the excess division expenses 26 13 shall be collected from additional fees and other moneys 26 14 collected by the division. The division shall notify in 26 15 writing the legislative fiscal bureau and the department of 26 16 management when hiring additional personnel. The written 26 17 notification shall include documentation that any additional 26 18 expenditure related to such hiring will be totally reimbursed 26 19 to the general fund, and shall also include the division's 26 20 justification for hiring such personnel. The division must 26 21 obtain the approval of the department of management only if 26 22 the number of additional personnel to be hired exceeds the 26 23 number of full-time equivalent positions authorized by the 26 24 general assembly. 26 25 Sec. 33. Section 546.10, subsection 3, Code Supplement 26 26 2001, is amended by adding the following new unnumbered 26 27 paragraph: 26 28 NEW UNNUMBERED PARAGRAPH. Notwithstanding subsection 5, 26 29 eighty-five percent of the funds received annually resulting 26 30 from an increase in licensing fees implemented on or after 26 31 April 1, 2002, by a licensing board or commission listed in 26 32 subsection 1, is appropriated to the professional licensing 26 33 and regulation division to be allocated to the board or 26 34 commission for the fiscal year beginning July 1, 2002, and 26 35 succeeding fiscal years, for purposes related to the duties of 27 1 the board or commission, including but not limited to 27 2 additional full-time equivalent positions. The director of 27 3 revenue and finance shall draw warrants upon the treasurer of 27 4 state from the funds appropriated as provided in this section 27 5 and shall make the funds available to the professional 27 6 licensing division on a monthly basis during each fiscal year. 27 7 Sec. 34. 2001 Iowa Acts, First Extraordinary Session, 27 8 chapter 5, section 1, is repealed. 27 9 Sec. 35. EFFECTIVE DATE. This division of this Act takes 27 10 effect July 1, 2002. 27 11 DIVISION II 27 12 AGRICULTURE AND NATURAL RESOURCES 27 13 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 27 14 Sec. 36. GENERAL DEPARTMENT APPROPRIATION. There is 27 15 appropriated from the general fund of the state to the 27 16 department of agriculture and land stewardship for the fiscal 27 17 year beginning July 1, 2002, and ending June 30, 2003, the 27 18 following amount, or so much thereof as is necessary, to be 27 19 used for the purposes designated: 27 20 For purposes of supporting the department, including its 27 21 divisions, for administration, regulations, and programs, for 27 22 salaries, support, maintenance, miscellaneous purposes, and 27 23 for not more than the following full-time equivalent 27 24 positions: 27 25 .................................................. $ 16,469,640 27 26 ............................................... FTEs 440.13 27 27 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 27 28 SPECIAL APPROPRIATIONS 27 29 Sec. 37. RIVER AUTHORITIES. There is appropriated from 27 30 the general fund of the state to the department of agriculture 27 31 and land stewardship for the fiscal year beginning July 1, 27 32 2002, and ending June 30, 2003, the following amount, or so 27 33 much thereof as is necessary, to be used for the purposes 27 34 designated: 27 35 For purposes of supporting the department for membership in 28 1 the state interagency Missouri river authority, created in 28 2 2002 Iowa Acts, Senate File 2051, in the Missouri river basin 28 3 association: 28 4 .................................................. $ 9,780 28 5 Sec. 38. FEED GRAIN PROJECT. There is appropriated from 28 6 the general fund of the state to the department of agriculture 28 7 and land stewardship for the fiscal year beginning July 1, 28 8 2002, and ending June 30, 2003, the following amount, or so 28 9 much thereof as is necessary, to be used for the purposes 28 10 designated: 28 11 For purposes of administering a pilot process verification 28 12 program for feed grains. The program shall be administered in 28 13 conjunction with the Iowa corn growers association: 28 14 .................................................. $ 19,560 28 15 Sec. 39. HORSE AND DOG RACING. There is appropriated from 28 16 the moneys available under section 99D.13 to the 28 17 administrative division of the department of agriculture and 28 18 land stewardship for the fiscal year beginning July 1, 2002, 28 19 and ending June 30, 2003, the following amount, or so much 28 20 thereof as is necessary, to be used for the purposes 28 21 designated: 28 22 For salaries, support, maintenance, and miscellaneous 28 23 purposes for the administration of section 99D.22: 28 24 .................................................. $ 293,441 28 25 Sec. 40. REGULATORY DIVISION DAIRY PRODUCTS CONTROL 28 26 BUREAU. There is appropriated from the general fund of the 28 27 state to the department of agriculture and land stewardship 28 28 for the fiscal year beginning July 1, 2002, and ending June 28 29 30, 2003, the following amount, or so much thereof as is 28 30 necessary, to be used for the purposes designated: 28 31 For purposes of supporting the operations of the dairy 28 32 products control bureau within the department's regulatory 28 33 division, including salaries, support, maintenance, and 28 34 miscellaneous purposes: 28 35 .................................................. $ 664,646 29 1 DEPARTMENT OF NATURAL RESOURCES 29 2 GENERAL APPROPRIATIONS 29 3 Sec. 41. GENERAL DEPARTMENT APPROPRIATION. 29 4 1. There is appropriated from the general fund of the 29 5 state to the department of natural resources for the fiscal 29 6 year beginning July 1, 2002, and ending June 30, 2003, the 29 7 following amount, or so much thereof as is necessary, to be 29 8 used for the purposes designated: 29 9 For purposes of supporting the department, including its 29 10 divisions, for administration, regulations, and programs, for 29 11 salaries, support, maintenance, miscellaneous purposes, and 29 12 for not more than the following full-time equivalent 29 13 positions: 29 14 .................................................. $ 15,555,316 29 15 ............................................... FTEs 1,075.12 29 16 2. Of the amount appropriated in subsection 1, the air 29 17 quality bureau may expend up to $5,000 for purposes of 29 18 supporting public education programs for controlled burning of 29 19 demolition sites and the proper disposal of waste materials 29 20 from demolition sites. 29 21 3. Of the amount appropriated in subsection 1, $5,949,760 29 22 shall be used by the parks and preserves division for 29 23 salaries, support, maintenance, and miscellaneous purposes. 29 24 4. Of the amount appropriated in subsection 1, $1,250,000 29 25 shall be used for salaries, support, maintenance, and 29 26 miscellaneous purposes for activities regarding animal 29 27 agriculture. 29 28 Sec. 42. STATE FISH AND GAME PROTECTION FUND – 29 29 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 29 30 1. a. There is appropriated from the state fish and game 29 31 protection fund to the department of natural resources for the 29 32 fiscal year beginning July 1, 2002, and ending June 30, 2003, 29 33 the following amount, or so much thereof as is necessary, to 29 34 be used for the purposes designated: 29 35 For use by the division of fish and wildlife for 30 1 administrative support, and for salaries, support, 30 2 maintenance, equipment, and miscellaneous purposes: 30 3 .................................................. $ 28,044,786 30 4 b. The department may use moneys appropriated in paragraph 30 5 "a", as is necessary to provide compensation to conservation 30 6 peace officers employed in a protection occupation who retire, 30 7 pursuant to section 97B.49B. 30 8 2. The department shall not expend more moneys from the 30 9 fish and game protection fund than provided in this section, 30 10 unless the expenditure derives from contributions made by a 30 11 private entity, or a grant or moneys received from the federal 30 12 government, and is approved by the natural resource 30 13 commission. The department of natural resources shall 30 14 promptly notify the legislative fiscal bureau and the 30 15 chairpersons and ranking members of the joint appropriations 30 16 subcommittee on agriculture and natural resources concerning 30 17 the commission's approval. 30 18 DEPARTMENT OF NATURAL RESOURCES 30 19 RELATED TRANSFERS AND APPROPRIATIONS 30 20 Sec. 43. SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT 30 21 PURPOSES. There is transferred on July 1, 2002, from the fees 30 22 deposited under section 321G.7 to the fish and game protection 30 23 fund and appropriated to the department of natural resources 30 24 for the fiscal year beginning July 1, 2002, and ending June 30 25 30, 2003, the following amount, or so much thereof as is 30 26 necessary, to be used for the purpose designated: 30 27 For enforcing snowmobile laws as part of the state 30 28 snowmobile program administered by the department of natural 30 29 resources: 30 30 .................................................. $ 100,000 30 31 Sec. 44. VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES. 30 32 There is transferred on July 1, 2002, from the fees deposited 30 33 under section 462A.52 to the fish and game protection fund and 30 34 appropriated to the natural resource commission for the fiscal 30 35 year beginning July 1, 2002, and ending June 30, 2003, the 31 1 following amount, or so much thereof as is necessary, to be 31 2 used for the purpose designated: 31 3 For the administration and enforcement of navigation laws 31 4 and water safety: 31 5 .................................................. $ 1,400,000 31 6 Notwithstanding section 8.33, moneys transferred and 31 7 appropriated in this section that remain unencumbered or 31 8 unobligated at the close of the fiscal year shall not revert 31 9 to the credit of the fish and game protection fund but shall 31 10 be credited to the special conservation fund established by 31 11 section 462A.52 to be used as provided in that section. 31 12 DEPARTMENT OF NATURAL RESOURCES 31 13 SPECIAL APPROPRIATIONS 31 14 Sec. 45. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 31 15 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 31 16 from the unassigned revenue fund administered by the Iowa 31 17 comprehensive underground storage tank fund board, to the 31 18 department of natural resources for the fiscal year beginning 31 19 July 1, 2002, and ending June 30, 2003, the following amount, 31 20 or so much thereof as is necessary, to be used for the purpose 31 21 designated: 31 22 For administration expenses of the underground storage tank 31 23 section of the department of natural resources: 31 24 .................................................. $ 75,000 31 25 Sec. 46. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any 31 26 contrary provision of state law, for the fiscal year beginning 31 27 July 1, 2002, and ending June 30, 2003, the department of 31 28 natural resources may use additional funds available to the 31 29 department from stormwater discharge permit fees for the 31 30 staffing of the following additional full-time staff members 31 31 to reduce the department's floodplain permit backlog: 31 32 ............................................... FTEs 2.00 31 33 Sec. 47. IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY 31 34 LOAD PROGRAM. Notwithstanding any contrary provision of state 31 35 law, for the fiscal year beginning July 1, 2002, and ending 32 1 June 30, 2003, the department of natural resources may use 32 2 additional funds available to the department from stormwater 32 3 discharge permit fees for the staffing of the following 32 4 additional full-time equivalent positions for implementation 32 5 of the federal total maximum daily load program: 32 6 ............................................... FTEs 2.00 32 7 Sec. 48. EFFECTIVE DATE. This division of this Act takes 32 8 effect July 1, 2002. 32 9 DIVISION III 32 10 ECONOMIC DEVELOPMENT 32 11 Sec. 49. GOALS AND ACCOUNTABILITY. 32 12 1. The goals for the department of economic development 32 13 shall be to expand and stimulate the state economy, increase 32 14 the wealth of Iowans, and increase the population of the 32 15 state. 32 16 2. To achieve the goals in subsection 1, the department of 32 17 economic development shall do all of the following: 32 18 a. Concentrate its efforts on programs and activities that 32 19 result in commercially viable products and services. 32 20 b. Adopt practices and services consistent with free 32 21 market, private sector philosophies. 32 22 c. Ensure economic growth and development throughout the 32 23 state. 32 24 3. The department of economic development shall 32 25 demonstrate accountability by using performance measures 32 26 appropriate to show the attainment of the goals in subsection 32 27 1 for the state and by measuring the effectiveness and results 32 28 of the department's programs and activities. The performance 32 29 measures and associated benchmarks shall be developed or 32 30 identified in cooperation with the legislative fiscal bureau 32 31 and approved by the joint appropriations subcommittee on 32 32 economic development. The data demonstrating accountability 32 33 collected by the department shall be made readily available 32 34 and maintained in computer-readable format. 32 35 Sec. 50. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 33 1 appropriated from the general fund of the state to the 33 2 department of economic development for the fiscal year 33 3 beginning July 1, 2002, and ending June 30, 2003, the 33 4 following amounts, or so much thereof as is necessary, to be 33 5 used for the purposes designated: 33 6 1. ADMINISTRATIVE SERVICES DIVISION 33 7 a. General administration 33 8 For salaries, support, maintenance, miscellaneous purposes, 33 9 programs, for the transfer to the Iowa state commission grant 33 10 program, and for not more than the following full-time 33 11 equivalent positions: 33 12 .................................................. $ 1,509,134 33 13 ............................................... FTEs 28.75 33 14 b. The department shall work with businesses and 33 15 communities to continually improve the economic development 33 16 climate along with the economic well-being and quality of life 33 17 for Iowans. The administrative services division shall 33 18 coordinate with other state agencies ensuring that all state 33 19 departments are attentive to the needs of an entrepreneurial 33 20 culture. 33 21 2. BUSINESS DEVELOPMENT DIVISION 33 22 a. Business development operations 33 23 For business development operations and programs, 33 24 international trade, export assistance, workforce recruitment, 33 25 the partner state program, for transfer to the strategic 33 26 investment fund, for transfer to the value-added agricultural 33 27 products and processes financial assistance fund, salaries, 33 28 support, maintenance, miscellaneous purposes, and for not more 33 29 than the following full-time equivalent positions: 33 30 ................................................. $ 10,311,286 33 31 .............................................. FTEs 60.00 33 32 b. The department shall establish a strong and aggressive 33 33 marketing image to showcase Iowa's workforce, existing 33 34 industry, and potential. A priority shall be placed on 33 35 recruiting new businesses, business expansion, and retaining 34 1 existing Iowa businesses. Emphasis shall also be placed on 34 2 entrepreneurial development through helping to secure capital 34 3 for entrepreneurs, and developing networks and a business 34 4 climate conducive to entrepreneurs and small business. 34 5 c. Notwithstanding section 8.33, moneys appropriated in 34 6 this subsection that remain unencumbered or unobligated at the 34 7 close of the fiscal year shall not revert but shall remain 34 8 available for expenditure for the purposes designated until 34 9 the close of the succeeding fiscal year. 34 10 3. COMMUNITY AND RURAL DEVELOPMENT DIVISION 34 11 a. Community development programs 34 12 For salaries, support, maintenance, miscellaneous purposes, 34 13 community economic development programs, tourism operations, 34 14 community assistance, the film office, the mainstreet and 34 15 rural mainstreet programs, the school-to-career program, the 34 16 community development block grant, and housing and shelter- 34 17 related programs and for not more than the following full-time 34 18 equivalent positions: 34 19 .................................................. $ 4,591,404 34 20 ............................................... FTEs 65.00 34 21 b. The department shall encourage development of 34 22 communities and quality of life to foster economic growth. 34 23 The department shall prepare communities for future growth and 34 24 development through development, expansion, and modernization 34 25 of infrastructure. 34 26 c. The department shall develop public-private 34 27 partnerships with Iowa businesses in the tourism industry, 34 28 Iowa tour groups, Iowa tourism organizations, and political 34 29 subdivisions in this state to assist in the development of 34 30 advertising efforts. The department shall, to the fullest 34 31 extent possible, develop cooperative efforts for advertising 34 32 with contributions from other sources. 34 33 d. Notwithstanding section 8.33, moneys that remain 34 34 unexpended at the end of the fiscal year shall not revert to 34 35 any fund but shall remain available for expenditure for the 35 1 designated purposes during the succeeding fiscal year. 35 2 4. For allocating moneys for the world food prize: 35 3 .................................................. $ 285,000 35 4 Sec. 51. VISION IOWA PROGRAM – FTE AUTHORIZATION. For 35 5 purposes of administrative duties associated with the vision 35 6 Iowa program, the department of economic development is 35 7 authorized an additional 3.00 full-time equivalent positions 35 8 above those otherwise authorized in this division of this Act. 35 9 Sec. 52. RURAL COMMUNITY 2000 PROGRAM. There is 35 10 appropriated from loan repayments on loans under the former 35 11 rural community 2000 program, sections 15.281 through 15.288, 35 12 Code 2001, to the department of economic development for the 35 13 fiscal year beginning July 1, 2002, and ending June 30, 2003, 35 14 the following amounts, or so much thereof as is necessary, to 35 15 be used for the purposes designated: 35 16 1. For providing financial assistance to Iowa's councils 35 17 of governments that provide technical and planning assistance 35 18 to local governments: 35 19 .................................................. $ 150,000 35 20 2. For the rural development program for the purposes of 35 21 the program including the rural enterprise fund and 35 22 collaborative skills development training: 35 23 .................................................. $ 370,000 35 24 Sec. 53. INSURANCE ECONOMIC DEVELOPMENT. There is 35 25 appropriated from moneys collected by the division of 35 26 insurance in excess of the anticipated gross revenues under 35 27 section 505.7, subsection 3, to the department of economic 35 28 development for the fiscal year beginning July 1, 2002, and 35 29 ending June 30, 2003, the following amount, or so much thereof 35 30 as is necessary, for insurance economic development and 35 31 international insurance economic development: 35 32 .................................................. $ 100,000 35 33 Sec. 54. TOURISM OPERATIONS. There is appropriated from 35 34 the community attraction and tourism fund created in section 35 35 15F.204 to the department of economic development for the 36 1 fiscal year beginning July 1, 2002, and ending June 30, 2003, 36 2 the following amount, or so much thereof as is necessary, to 36 3 be used for the purposes designated: 36 4 For tourism operations, including salaries, support, 36 5 maintenance, and miscellaneous purposes: 36 6 .................................................. $ 1,200,000 36 7 Moneys appropriated pursuant to this section shall not be 36 8 appropriated from moneys in the community attraction and 36 9 tourism fund which are moneys originating from the tax-exempt 36 10 bond proceeds restricted capital funds account of the tobacco 36 11 settlement trust fund. 36 12 Sec. 55. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 36 13 section 15E.120, subsections 5 and 6, there is appropriated 36 14 from the Iowa community development loan fund all the moneys 36 15 available during the fiscal year beginning July 1, 2002, and 36 16 ending June 30, 2003, to the department of economic 36 17 development for the community development program to be used 36 18 by the department for the purposes of the program. 36 19 Sec. 56. WORKFORCE DEVELOPMENT FUND. There is 36 20 appropriated from the workforce development fund account 36 21 created in section 15.342A, to the workforce development fund 36 22 created in section 15.343, for the fiscal year beginning July 36 23 1, 2002, and ending June 30, 2003, the following amount, for 36 24 the purposes of the workforce development fund, and for not 36 25 more than the following full-time equivalent positions: 36 26 .................................................. $ 4,000,000 36 27 ............................................... FTEs 4.00 36 28 Sec. 57. WORKFORCE DEVELOPMENT ADMINISTRATION. From funds 36 29 appropriated or transferred to or receipts credited to the 36 30 workforce development fund created in section 15.343, up to 36 31 $400,000 for the fiscal year beginning July 1, 2002, and 36 32 ending June 30, 2003, may be used for the administration of 36 33 workforce development activities including salaries, support, 36 34 maintenance, and miscellaneous purposes and for not more than 36 35 4.00 full-time equivalent positions. 37 1 Sec. 58. JOB TRAINING FUND. Notwithstanding section 37 2 15.251, all remaining moneys in the job training fund on July 37 3 1, 2002, and any moneys appropriated or credited to the fund 37 4 during the fiscal year beginning July 1, 2002, shall be 37 5 transferred to the workforce development fund established 37 6 pursuant to section 15.343. 37 7 Sec. 59. IOWA STATE UNIVERSITY. 37 8 1. There is appropriated from the general fund of the 37 9 state to the Iowa state university of science and technology 37 10 for the fiscal year beginning July 1, 2002, and ending June 37 11 30, 2003, the following amount, or so much thereof as is 37 12 necessary, to be used for small business development centers, 37 13 the science and technology research park, the institute for 37 14 physical research, and for not more than the following full- 37 15 time equivalent positions: 37 16 .................................................. $ 2,384,063 37 17 ............................................... FTEs 56.53 37 18 2. Iowa state university of science and technology shall 37 19 do all of the following: 37 20 a. Direct expenditures for research toward projects that 37 21 will provide economic stimulus for Iowa. 37 22 b. Emphasize that a business and an individual that 37 23 creates a business and receives benefits from a program 37 24 funded, in part, through moneys appropriated in this section 37 25 have a commercially viable product or service. 37 26 c. Provide emphasis to providing services to Iowa-based 37 27 companies. 37 28 3. It is the intent of the general assembly that the 37 29 industrial incentive program focus on Iowa industrial sectors 37 30 and seek contributions and in-kind donations from businesses, 37 31 industrial foundations, and trade associations and that moneys 37 32 for the institute for physical research and technology 37 33 industrial incentive program shall only be allocated for 37 34 projects which are matched by private sector moneys for 37 35 directed contract research or for nondirected research. The 38 1 match required of small businesses as defined in section 38 2 15.102, subsection 4, for directed contract research or for 38 3 nondirected research shall be $1 for each $3 of state funds. 38 4 The match required for other businesses for directed contract 38 5 research or for nondirected research shall be $1 for each $1 38 6 of state funds. The match required of industrial foundations 38 7 or trade associations shall be $1 for each $1 of state funds. 38 8 Iowa state university of science and technology shall 38 9 report annually to the joint appropriations subcommittee on 38 10 economic development and the legislative fiscal bureau the 38 11 total amount of private contributions, the proportion of 38 12 contributions from small businesses and other businesses, and 38 13 the proportion for directed contract research and nondirected 38 14 research of benefit to Iowa businesses and industrial sectors. 38 15 Notwithstanding section 8.33, moneys appropriated in this 38 16 section that remain unencumbered or unobligated at the close 38 17 of the fiscal year shall not revert but shall remain available 38 18 for expenditure for the purposes designated until the close of 38 19 the succeeding fiscal year. 38 20 Sec. 60. UNIVERSITY OF IOWA. 38 21 1. There is appropriated from the general fund of the 38 22 state to the state university of Iowa for the fiscal year 38 23 beginning July 1, 2002, and ending June 30, 2003, the 38 24 following amount, or so much thereof as is necessary, to be 38 25 used for the university of Iowa research park and for the 38 26 advanced drug development program at the Oakdale research 38 27 park, including salaries, support, maintenance, equipment, 38 28 miscellaneous purposes, and for not more than the following 38 29 full-time equivalent positions: 38 30 .................................................. $ 245,463 38 31 ............................................... FTEs 6.00 38 32 2. The university of Iowa shall do all of the following: 38 33 a. Direct expenditures for research toward projects that 38 34 will provide economic stimulus for Iowa. 38 35 b. Emphasize that a business and an individual that 39 1 creates a business and receives benefits from a program 39 2 funded, in part, through moneys appropriated in this section 39 3 have a commercially viable product or service. 39 4 c. Provide emphasis to providing services to Iowa-based 39 5 companies. 39 6 3. The board of regents shall submit a report on the 39 7 progress of regents institutions in meeting the strategic plan 39 8 for technology transfer and economic development to the 39 9 secretary of the senate, the chief clerk of the house of 39 10 representatives, and the legislative fiscal bureau by January 39 11 15, 2003. 39 12 4. Notwithstanding section 8.33, moneys appropriated in 39 13 this section that remain unencumbered or unobligated at the 39 14 close of the fiscal year shall not revert but shall remain 39 15 available for expenditure for the purposes designated until 39 16 the close of the succeeding fiscal year. 39 17 Sec. 61. UNIVERSITY OF NORTHERN IOWA. 39 18 1. There is appropriated from the general fund of the 39 19 state to the university of northern Iowa for the fiscal year 39 20 beginning July 1, 2002, and ending June 30, 2003, the 39 21 following amount, or so much thereof as is necessary, to be 39 22 used for the metal casting institute, and for the institute of 39 23 decision making, including salaries, support, maintenance, 39 24 miscellaneous purposes, and for not more than the following 39 25 full-time equivalent positions: 39 26 .................................................. $ 352,889 39 27 ............................................... FTEs 11.15 39 28 2. The university of northern Iowa shall do all of the 39 29 following: 39 30 a. Direct expenditures for research toward projects that 39 31 will provide economic stimulus for Iowa. 39 32 b. Emphasize that a business and an individual that 39 33 creates a business and receives benefits from a program 39 34 funded, in part, through moneys appropriated in this section 39 35 have a commercially viable product or service. 40 1 c. Provide emphasis to providing services to Iowa-based 40 2 companies. 40 3 3. Notwithstanding section 8.33, moneys appropriated in 40 4 this section that remain unencumbered or unobligated at the 40 5 close of the fiscal year shall not revert but shall remain 40 6 available for expenditure for the purposes designated until 40 7 the close of the succeeding fiscal year. 40 8 Sec. 62. DEPARTMENT OF WORKFORCE DEVELOPMENT. 40 9 1. There is appropriated from the general fund of the 40 10 state, to the department of workforce development for the 40 11 fiscal year beginning July 1, 2002, and ending June 30, 2003, 40 12 the following amount, or so much thereof as is necessary, for 40 13 the division of labor services, the division of workers' 40 14 compensation, the workforce development state and regional 40 15 boards, the new employment opportunity fund, salaries, 40 16 support, maintenance, miscellaneous purposes, and for not more 40 17 than the following full-time equivalent positions: 40 18 .................................................. $ 4,878,316 40 19 ............................................... FTEs 113.30 40 20 2. From the contractor registration fees, the division of 40 21 labor services shall reimburse the department of inspections 40 22 and appeals for all costs associated with hearings under 40 23 chapter 91C, relating to contractor registration. 40 24 3. The division of workers' compensation shall continue 40 25 charging a $65 filing fee for workers' compensation cases. 40 26 The filing fee shall be paid by the petitioner of a claim. 40 27 However, the fee can be taxed as a cost and paid by the losing 40 28 party, except in cases where it would impose an undue hardship 40 29 or be unjust under the circumstances. 40 30 4. Notwithstanding section 8.33, moneys appropriated in 40 31 this section that remain unencumbered or unobligated at the 40 32 close of the fiscal year shall not revert but shall remain 40 33 available for expenditure for the purposes designated until 40 34 the close of the succeeding fiscal year. 40 35 Sec. 63. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 41 1 Notwithstanding section 96.7, subsection 12, paragraph "c", 41 2 there is appropriated from the administrative contribution 41 3 surcharge fund of the state to the department of workforce 41 4 development for the fiscal year beginning July 1, 2002, and 41 5 ending June 30, 2003, any moneys remaining in the 41 6 administrative contribution surcharge fund on June 30, 2002, 41 7 and the entire amount collected during the fiscal year 41 8 beginning July 1, 2002, and ending June 30, 2003, or so much 41 9 thereof as is necessary, for salaries, support, maintenance, 41 10 conducting labor market surveys, miscellaneous purposes, and 41 11 for workforce development regional advisory board member 41 12 expenses. 41 13 Sec. 64. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 41 14 appropriated from the special employment security contingency 41 15 fund to the department of workforce development for the fiscal 41 16 year beginning July 1, 2002, and ending June 30, 2003, the 41 17 following amounts, or so much thereof as is necessary, for the 41 18 purposes designated: 41 19 1. DIVISION OF WORKERS' COMPENSATION 41 20 For salaries, support, maintenance, and miscellaneous 41 21 purposes: 41 22 .................................................. $ 471,000 41 23 2. IMMIGRATION SERVICE CENTERS 41 24 For salaries, support, maintenance, and miscellaneous 41 25 purposes for the pilot immigration service centers: 41 26 .................................................. $ 160,000 41 27 The department of workforce development shall maintain 41 28 pilot immigration service centers that offer one-stop services 41 29 to deal with the multiple issues related to immigration and 41 30 employment. The pilot centers shall be designed to support 41 31 workers, businesses, and communities with information, 41 32 referrals, job placement assistance, translation, language 41 33 training, resettlement, as well as technical and legal 41 34 assistance on such issues as forms and documentation. Through 41 35 the coordination of local, state, and federal service 42 1 providers, and through the development of partnerships with 42 2 public, private, and nonprofit entities with established 42 3 records of international service, these pilot centers shall 42 4 seek to provide a seamless service delivery system for new 42 5 Iowans. 42 6 3. LABOR MARKET INFORMATION 42 7 For salaries, support, maintenance, miscellaneous purposes 42 8 for collection of labor market information, and for not more 42 9 than the following full-time equivalent position: 42 10 .................................................. $ 67,078 42 11 ............................................... FTEs 1.00 42 12 Any additional penalty and interest revenue may be used to 42 13 accomplish the mission of the department upon notification of 42 14 the use to the chairpersons and ranking members of the joint 42 15 appropriations subcommittee on economic development, the 42 16 department of management, and the legislative fiscal bureau. 42 17 However, the department shall not allocate any additional 42 18 penalty and interest revenue prior to January 30, 2003. 42 19 Sec. 65. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 42 20 appropriated from the general fund of the state to the public 42 21 employment relations board for the fiscal year beginning July 42 22 1, 2002, and ending June 30, 2003, the following amount, or so 42 23 much thereof as is necessary, for the purposes designated: 42 24 For salaries, support, maintenance, miscellaneous purposes, 42 25 and for not more than the following full-time equivalent 42 26 positions: 42 27 .................................................. $ 815,857 42 28 ............................................... FTEs 12.00 42 29 Sec. 66. Section 15E.112, subsection 5, Code 2001, is 42 30 amended by striking the subsection. 42 31 Sec. 67. Section 159A.7, subsection 6, Code 2001, is 42 32 amended by striking the subsection. 42 33 Sec. 68. 2000 Iowa Acts, chapter 1230, section 11, 42 34 unnumbered paragraph 3, as amended by 2001 Iowa Acts, chapter 42 35 188, section 19, is amended to read as follows: 43 1 In addition to moneys appropriated by this section, 43 2 notwithstanding section 96.7, subsection 12, paragraph "c", 43 3 for the fiscal year beginning July 1, 2000, there is 43 4 appropriated from the administrative contribution surcharge 43 5 fund of the state to the department of workforce development 43 6 $700,000, or so much thereof as is necessary, for matching 43 7 funds for welfare-to-work grants authorized through the United 43 8 States department of labor. Notwithstanding section 8.33, 43 9 moneys appropriated in this unnumbered paragraph that remain 43 10 unencumbered or unobligated on June 30, 2001, shall not revert 43 11 but shall remain available for expenditure for the purposes 43 12 designated for the fiscalyearyears beginning July 1, 2001, 43 13 and July 1, 2002. 43 14 Sec. 69. VALUE-ADDED AGRICULTURAL PRODUCTS AND PROCESSES 43 15 FINANCIAL ASSISTANCE FUND MONEYS. The office of renewable 43 16 fuels and coproducts may apply to the department of economic 43 17 development for moneys in value-added agricultural products 43 18 and processes financial assistance fund for deposit in the 43 19 renewable fuels and coproducts fund created in section 159A.7. 43 20 Sec. 70. IOWA FINANCE AUTHORITY AUDIT. The auditor of 43 21 state is requested to review the audit of the Iowa finance 43 22 authority performed by the auditor hired by the authority. 43 23 The auditor of state is also requested to conduct a 43 24 performance audit of the authority to determine the 43 25 effectiveness of the authority and the programs of the 43 26 authority. 43 27 Sec. 71. APPLICATION FOR DEPARTMENT OF ECONOMIC 43 28 DEVELOPMENT MONEYS. For the fiscal year beginning July 1, 43 29 2002, any entity that was specifically identified in 2001 Iowa 43 30 Acts, chapter 188, to receive funding from the department of 43 31 economic development, excluding any entity identified to 43 32 receive a direct appropriation beginning July 1, 2002, may 43 33 apply to the department for assistance through the appropriate 43 34 program. The department shall provide application criteria 43 35 necessary to implement this section. 44 1 Sec. 72. EXPENDITURE AND ALLOCATION REPORTS. The 44 2 department of economic development, the department of 44 3 workforce development, and the regents institutions receiving 44 4 an appropriation pursuant to this division of this Act shall 44 5 file a written report on a quarterly basis with the 44 6 chairpersons and ranking members of the joint appropriations 44 7 subcommittee on economic development and the legislative 44 8 fiscal bureau regarding all expenditures of moneys 44 9 appropriated pursuant to this division of this Act during the 44 10 quarter, allocations of moneys appropriated pursuant to this 44 11 division of this Act during the quarter, and full-time 44 12 equivalent positions allocated during the quarter. 44 13 Sec. 73. EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT FORM. 44 14 Notwithstanding Iowa administrative code 871, chapter 22, an 44 15 entity filing the employer's contribution and payroll report 44 16 form and any other unemployment insurance forms on behalf of 44 17 multiple accounts shall be allowed to submit one check for 44 18 these accounts. A listing of applicable account numbers shall 44 19 be submitted with the payment. 44 20 Sec. 74. SHELTER ASSISTANCE FUND. In providing moneys 44 21 from the shelter assistance fund to homeless shelter programs 44 22 in the fiscal year beginning July 1, 2002, and ending June 30, 44 23 2003, the department of economic development shall explore the 44 24 potential of allocating moneys to homeless shelter programs 44 25 based in part on their ability to move their clients toward 44 26 self-sufficiency. 44 27 Sec. 75. ISCC REPORT. By December 31, 2002, the 44 28 department of economic development shall submit a written 44 29 report to the chairpersons and the ranking members of the 44 30 joint appropriations subcommittee on economic development and 44 31 the legislative fiscal bureau. The report shall identify any 44 32 moneys received from the ISCC liquidation corporation. 44 33 Sec. 76. FEDERAL GRANTS. All federal grants to and the 44 34 federal receipts of agencies appropriated funds under this 44 35 division of this Act, not otherwise appropriated, are 45 1 appropriated for the purposes set forth in the federal grants 45 2 or receipts unless otherwise provided by the general assembly. 45 3 Sec. 77. UNEMPLOYMENT COMPENSATION PROGRAM. 45 4 Notwithstanding section 96.9, subsection 4, paragraph "a", 45 5 moneys credited to the state by the secretary of the treasury 45 6 of the United States pursuant to section 903 of the Social 45 7 Security Act shall be appropriated to the department of 45 8 workforce development and shall be used by the department for 45 9 the administration of the unemployment compensation program 45 10 only. This appropriation shall not apply to any fiscal year 45 11 beginning after December 31, 2002. 45 12 Sec. 78. PAYROLL EXPENDITURE REFUNDS. In lieu of the 45 13 appropriation made in section 15.365, subsection 3, there is 45 14 appropriated for the fiscal year beginning July 1, 2002, and 45 15 ending June 30, 2003, $28,498, or so much thereof as is 45 16 necessary, from the general fund of the state to the 45 17 department of economic development to pay refunds as provided 45 18 under section 15.365. 45 19 Sec. 79. EFFECTIVE DATE. This division of this Act takes 45 20 effect July 1, 2002. 45 21 DIVISION IV 45 22 EDUCATION 45 23 Sec. 80. 2002 Iowa Acts, Senate File 2326, section 76, 45 24 subsection 3, paragraph a, is amended by striking the 45 25 paragraph. 45 26 Sec. 81. 2002 Iowa Acts, Senate File 2326, section 76, 45 27 subsection 5, is amended by striking the subsection. 45 28 Sec. 82. 2002 Iowa Acts, Senate File 2326, section 78, 45 29 subsection 1, unnumbered paragraph 1, is amended to read as 45 30 follows: 45 31 For salaries, support, maintenance, miscellaneous purposes, 45 32 and for not more than the following full-time equivalent 45 33 positions: 45 34 .................................................. $231,70745 35 215,488 46 1 ............................................... FTEs 4.30 46 2 Sec. 83. 2002 Iowa Acts, Senate File 2326, section 78, 46 3 subsections 2, 3, and 5, are amended to read as follows: 46 4 2. COMMUNITY CULTURAL GRANTS 46 5 For planning and programming for the community cultural 46 6 grants program established under section 303.3, and for not 46 7 more than the following full-time equivalent position: 46 8 .................................................. $598,45046 9 300,000 46 10 ............................................... FTEs 0.70 46 11 3. HISTORICAL DIVISION 46 12 For salaries, support, maintenance, miscellaneous purposes, 46 13 and for not more than the following full-time equivalent 46 14 positions: 46 15 .................................................. $3,025,89146 16 2,814,079 46 17 ............................................... FTEs 66.70 46 18 5. ARTS DIVISION 46 19 For salaries, support, maintenance, miscellaneous purposes, 46 20 including funds to match federal grants and for not more than 46 21 the following full-time equivalent positions: 46 22 .................................................. $1,254,67946 23 1,166,851 46 24 ............................................... FTEs 11.00 46 25 Sec. 84. 2002 Iowa Acts, Senate File 2326, section 79, 46 26 subsections 1 through 3, are amended to read as follows: 46 27 1. GENERAL ADMINISTRATION 46 28 For salaries, support, maintenance, miscellaneous purposes, 46 29 and for not more than the following full-time equivalent 46 30 positions: 46 31 .................................................. $5,165,53146 32 5,051,889 46 33 ............................................... FTEs 104.45 46 34 The director of the department of education shall ensure 46 35 that all school districts are aware of the state education 47 1 resources available on the state website for listing teacher 47 2 job openings and shall make every reasonable effort to enable 47 3 qualified practitioners to post their resumes on the state 47 4 website. The department shall administer the posting of job 47 5 vacancies for school districts, accredited nonpublic schools, 47 6 and area education agencies on the state website. The 47 7 department may coordinate this activity with the Iowa school 47 8 board association or other interested education associations 47 9 in the state. 47 10 2. VOCATIONAL EDUCATION ADMINISTRATION 47 11 For salaries, support, maintenance, miscellaneous purposes, 47 12 and for not more than the following full-time equivalent 47 13 positions: 47 14 .................................................. $500,11147 15 489,109 47 16 ............................................... FTEs 15.60 47 17 3. BOARD OF EDUCATIONAL EXAMINERS 47 18 For salaries, support, maintenance, miscellaneous purposes, 47 19 and for not more than the following full-time equivalent 47 20 positions: 47 21 .................................................. $43,69547 22 42,734 47 23 ............................................... FTEs 9.00 47 24 Sec. 85. 2002 Iowa Acts, Senate File 2326, section 79, 47 25 subsection 4, paragraph a, unnumbered paragraph 1, is amended 47 26 to read as follows: 47 27 For salaries, support, maintenance, miscellaneous purposes, 47 28 and for not more than the following full-time equivalent 47 29 positions: 47 30 .................................................. $4,386,85447 31 4,290,343 47 32 ............................................... FTEs 290.50 47 33 Sec. 86. 2002 Iowa Acts, Senate File 2326, section 79, 47 34 subsection 4, paragraph b, unnumbered paragraph 1, is amended 47 35 to read as follows: 48 1 For matching funds for programs to enable persons with 48 2 severe physical or mental disabilities to function more 48 3 independently, including salaries and support, and for not 48 4 more than the following full-time equivalent position: 48 5 .................................................. $57,15848 6 55,901 48 7 ............................................... FTEs 1.00 48 8 Sec. 87. 2002 Iowa Acts, Senate File 2326, section 79, 48 9 subsection 5, paragraph a, is amended to read as follows: 48 10 a. For salaries, support, maintenance, miscellaneous 48 11 purposes, and for not more than the following full-time 48 12 equivalent positions: 48 13 .................................................. $1,500,00048 14 1,250,000 48 15 ............................................... FTEs 20.00 48 16 Sec. 88. 2002 Iowa Acts, Senate File 2326, section 79, 48 17 subsection 5, paragraph b, unnumbered paragraph 1, is amended 48 18 to read as follows: 48 19 For the enrich Iowa program: 48 20 .................................................. $1,781,16848 21 1,741,982 48 22 Sec. 89. 2002 Iowa Acts, Senate File 2326, section 79, 48 23 subsections 6 and 7, are amended to read as follows: 48 24 6. LIBRARY SERVICE AREA SYSTEM 48 25 For state aid: 48 26 .................................................. $1,443,61348 27 1,411,854 48 28 7. PUBLIC BROADCASTING DIVISION 48 29 For salaries, support, maintenance, capital expenditures, 48 30 miscellaneous purposes, and for not more than the following 48 31 full-time equivalent positions: 48 32 .................................................. $6,856,40748 33 6,356,407 48 34 ............................................... FTEs 89.00 48 35 Sec. 90. 2002 Iowa Acts, Senate File 2326, section 79, 49 1 subsection 11, unnumbered paragraph 1, is amended to read as 49 2 follows: 49 3 For deposit in the school ready children grants account of 49 4 the Iowa empowerment fund created in section 28.9: 49 5 .................................................. $14,033,44849 6 13,724,712 49 7 Sec. 91. 2002 Iowa Acts, Senate File 2326, section 79, 49 8 subsections 13 through 16, are amended by striking the 49 9 subsections. 49 10 Sec. 92. Section 256.9, subsection 48, Code Supplement 49 11 2001, is amended to read as follows: 49 12 48. Develop and administer, with the cooperation of the 49 13 commission of veterans affairs, a program which shall be known 49 14 as"operation recognition". The purpose of the program is to 49 15 award high school diplomas toWorld War IIveterans of World 49 16 War I, World War II, and the Korean and Vietnam conflicts who 49 17 left high school prior to graduation to enter United States 49 18 military service. The department and the commission shall 49 19 jointly develop an application procedure, distribute 49 20 applications, and publicize the program to school districts, 49 21 accredited nonpublic schools, county commissions of veteran 49 22 affairs, veterans organizations, and state, regional, and 49 23 local media. All honorably dischargedWorld War IIveterans 49 24 who are residents or former residents of the state,; who 49 25 served at any time between April 6, 1917, and November 11, 49 26 1918, at any time between September 16, 1940, and December 31, 49 27 1946, at any time between June 25, 1950, and January 31, 1955, 49 28 or at any time between February 28, 1961, and May 5, 1975, all 49 29 dates inclusive; and who did not return to school and complete 49 30 their education after the war or conflict shall be eligible to 49 31 receive a diploma. Diplomas may be issued posthumously. Upon 49 32 approval of an application, the department shall issue an 49 33 honorary high school diploma for an eligible veteran. The 49 34 diploma shall indicate the veteran's school of attendance. The 49 35 department and the commission shall work together to provide 50 1 school districts, schools, communities, and county commissions 50 2 of veteran affairs with information about hosting a diploma 50 3 ceremony on or around Veterans Day. The diploma shall be 50 4 mailed to the veteran or, if the veteran is deceased, to the 50 5 veteran's family. 50 6 Sec. 93. Section 261.25, subsection 1, Code 2001, as 50 7 amended by 2002 Iowa Acts, Senate File 2326, section 85, is 50 8 amended to read as follows: 50 9 1. There is appropriated from the general fund of the 50 10 state to the commission for each fiscal year the sum offorty-50 11sevenforty-six million one hundredfifty-fiveseventeen 50 12 thousandthreenine hundredeighty-twosixty-four dollars for 50 13 tuition grants. 50 14 Sec. 94. Chapter 260A, Code 2001 and Code Supplement 2001, 50 15 is repealed. 50 16 Sec. 95. EFFECTIVE DATE. 50 17 1. Except as otherwise provided in subsection 2, this 50 18 division of this Act takes effect July 1, 2002. 50 19 2. The section of this division of this Act amending 50 20 section 256.9, being deemed of immediate importance, takes 50 21 effect upon enactment. 50 22 DIVISION V 50 23 HEALTH AND HUMAN RIGHTS 50 24 Sec. 96. DEPARTMENT FOR THE BLIND. There is appropriated 50 25 from the general fund of the state to the department for the 50 26 blind for the fiscal year beginning July 1, 2002, and ending 50 27 June 30, 2003, the following amount, or so much thereof as is 50 28 necessary, to be used for the purposes designated: 50 29 For salaries, support, maintenance, miscellaneous purposes, 50 30 and for not more than the following full-time equivalent 50 31 positions: 50 32 .................................................. $ 1,529,780 50 33 ............................................... FTEs 106.50 50 34 Sec. 97. CIVIL RIGHTS COMMISSION. There is appropriated 50 35 from the general fund of the state to the Iowa state civil 51 1 rights commission for the fiscal year beginning July 1, 2002, 51 2 and ending June 30, 2003, the following amount, or so much 51 3 thereof as is necessary, to be used for the purposes 51 4 designated: 51 5 For salaries, support, maintenance, miscellaneous purposes, 51 6 and for not more than the following full-time equivalent 51 7 positions: 51 8 .................................................. $ 908,253 51 9 ............................................... FTEs 35.75 51 10 If the anticipated amount of federal funding from the 51 11 federal equal employment opportunity commission and the 51 12 federal department of housing and urban development exceeds 51 13 $1,144,875 during the fiscal year beginning July 1, 2002, the 51 14 Iowa state civil rights commission may exceed the staffing 51 15 level authorized in this section to hire additional staff to 51 16 process or to support the processing of employment and housing 51 17 complaints during that fiscal year. 51 18 Sec. 98. DEPARTMENT OF ELDER AFFAIRS. There is 51 19 appropriated from the general fund of the state to the 51 20 department of elder affairs for the fiscal year beginning July 51 21 1, 2002, and ending June 30, 2003, the following amount, or so 51 22 much thereof as is necessary, to be used for the purposes 51 23 designated: 51 24 1. For aging programs for the department of elder affairs 51 25 and area agencies on aging to provide citizens of Iowa who are 51 26 60 years of age and older with case management for the frail 51 27 elderly, Alzheimer's support, the retired and senior volunteer 51 28 program, resident advocate committee coordination, employment, 51 29 and other services which may include, but are not limited to, 51 30 adult day services, respite care, chore services, telephone 51 31 reassurance, information and assistance, and home repair 51 32 services, including the winterizing of homes, and for the 51 33 construction of entrance ramps which make residences 51 34 accessible to the physically handicapped, and for salaries, 51 35 support, administration, maintenance, miscellaneous purposes, 52 1 and for not more than the following full-time equivalent 52 2 positions with the department of elder affairs: 52 3 .................................................. $ 3,928,156 52 4 ............................................... FTEs 28.00 52 5 a. Funds appropriated in this subsection may be used to 52 6 supplement federal funds under federal regulations. To 52 7 receive funds appropriated in this subsection, a local area 52 8 agency on aging shall match the funds with moneys from other 52 9 sources according to rules adopted by the department. Funds 52 10 appropriated in this subsection may be used for elderly 52 11 services not specifically enumerated in this subsection only 52 12 if approved by an area agency on aging for provision of the 52 13 service within the area. 52 14 b. It is the intent of the general assembly that the Iowa 52 15 chapters of the Alzheimer's association and the case 52 16 management program for the frail elderly shall collaborate and 52 17 cooperate fully to assist families in maintaining family 52 18 members with Alzheimer's disease in the community for the 52 19 longest period of time possible. 52 20 c. The department shall maintain policies and procedures 52 21 regarding Alzheimer's support and the retired and senior 52 22 volunteer program. 52 23 2. The department may grant an exception for a limited 52 24 period of time, determined by the department to be reasonable, 52 25 to allow for compliance by persons regulated by the department 52 26 or applicants for assisted living certification with any part 52 27 of chapter 104A relative to buildings in existence on July 1, 52 28 1998. The determination of the period of time allowed for 52 29 compliance shall be commensurate with the anticipated 52 30 magnitude of expenditure, disruption of services, and the 52 31 degree of hazard presented. The department shall also be 52 32 authorized to modify the accessibility requirements otherwise 52 33 applicable to such applicants for buildings in existence on 52 34 July 1, 1998, if the department determines that compliance 52 35 with the requirements would be unreasonable, but only if it is 53 1 determined that noncompliance with the requirements would not 53 2 present an unreasonable degree of danger. 53 3 Sec. 99. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. 53 4 1. There is appropriated from the general fund of the 53 5 state to the governor's office of drug control policy for the 53 6 fiscal year beginning July 1, 2002, and ending June 30, 2003, 53 7 the following amount, or so much thereof as is necessary, to 53 8 be used for the purposes designated: 53 9 For salaries, support, maintenance, miscellaneous purposes 53 10 including statewide coordination of the drug abuse resistance 53 11 education (D.A.R.E.) programs or similar programs, and for not 53 12 more than the following full-time equivalent positions: 53 13 .................................................. $ 261,504 53 14 ............................................... FTEs 11.00 53 15 2. The governor's office of drug control policy, in 53 16 consultation with the Iowa department of public health, and 53 17 after discussion and collaboration with all interested 53 18 agencies, shall coordinate substance abuse treatment and 53 19 prevention efforts in order to avoid duplication of services. 53 20 Sec. 100. DEPARTMENT OF PUBLIC HEALTH. There is 53 21 appropriated from the general fund of the state to the Iowa 53 22 department of public health for the fiscal year beginning July 53 23 1, 2002, and ending June 30, 2003, the following amounts, or 53 24 so much thereof as is necessary, to be used for the purposes 53 25 designated: 53 26 1. ADDICTIVE DISORDERS 53 27 For reducing the prevalence of use of tobacco, alcohol, and 53 28 other drugs, and treating individuals affected by addictive 53 29 behaviors, including gambling, and for not more than the 53 30 following full-time equivalent positions: 53 31 .................................................. $ 1,182,980 53 32 ............................................... FTEs 15.51 53 33 a. The department shall continue to coordinate with 53 34 substance abuse treatment and prevention providers regardless 53 35 of funding source to assure the delivery of substance abuse 54 1 treatment and prevention programs. 54 2 b. The commission on substance abuse, in conjunction with 54 3 the department, shall continue to coordinate the delivery of 54 4 substance abuse services involving prevention, social and 54 5 medical detoxification, and other treatment by medical and 54 6 nonmedical providers to uninsured and court-ordered substance 54 7 abuse patients in all counties of the state. 54 8 c. The department and any grantee or subgrantee of the 54 9 department shall not discriminate against a nongovernmental 54 10 organization that provides substance abuse treatment and 54 11 prevention services or applies for funding to provide those 54 12 services on the basis that the organization has a religious 54 13 character. The department shall report to the governor and 54 14 the general assembly on or before February 1, 2003, regarding 54 15 the number of religious or other nongovernmental organizations 54 16 that applied for funds in the preceding fiscal year, the 54 17 amounts awarded to those organizations, and the basis for any 54 18 refusal by the department or grantee or subgrantee of the 54 19 department to award funds to any of those organizations that 54 20 applied. 54 21 2. ADULT WELLNESS 54 22 For maintaining or improving the health status of adults, 54 23 with target populations between the ages of 18 through 60, and 54 24 for not more than the following full-time equivalent 54 25 positions: 54 26 .................................................. $ 497,647 54 27 ............................................... FTEs 24.27 54 28 3. CHILD AND ADOLESCENT WELLNESS 54 29 For promoting the optimum health status for children and 54 30 adolescents from birth through 21 years of age, and for not 54 31 more than the following full-time equivalent positions: 54 32 .................................................. $ 1,092,689 54 33 ............................................... FTEs 47.07 54 34 4. CHRONIC CONDITIONS 54 35 For serving individuals identified as having chronic 55 1 conditions or special health care needs, and for not more than 55 2 the following full-time equivalent positions: 55 3 .................................................. $ 1,171,453 55 4 ............................................... FTEs 10.30 55 5 5. COMMUNITY CAPACITY 55 6 For strengthening the health care delivery system at the 55 7 local level, and for not more than the following full-time 55 8 equivalent positions: 55 9 .................................................. $ 1,225,717 55 10 ............................................... FTEs 26.12 55 11 6. ELDERLY WELLNESS 55 12 For optimizing the health of persons 60 years of age and 55 13 older, and for not more than the following full-time 55 14 equivalent positions: 55 15 .................................................. $ 9,455,265 55 16 ............................................... FTEs 4.05 55 17 7. ENVIRONMENTAL HAZARDS 55 18 For reducing the public's exposure to hazards in the 55 19 environment, primarily chemical hazards, and for not more than 55 20 the following full-time equivalent positions: 55 21 .................................................. $ 158,258 55 22 ............................................... FTEs 9.20 55 23 8. INFECTIOUS DISEASES 55 24 For reducing the incidence and prevalence of communicable 55 25 diseases, and for not more than the following full-time 55 26 equivalent positions: 55 27 .................................................. $ 1,095,419 55 28 ............................................... FTEs 36.40 55 29 9. INJURIES 55 30 For providing support and protection to victims of abuse or 55 31 injury, or programs that are designed to prevent abuse or 55 32 injury, and for not more than the following full-time 55 33 equivalent positions: 55 34 .................................................. $ 1,467,105 55 35 ............................................... FTEs 8.55 56 1 Of the funds appropriated in this subsection, $660,000 56 2 shall be credited to the emergency medical services fund 56 3 created in section 135.25. 56 4 10. PUBLIC PROTECTION 56 5 For protecting the health and safety of the public through 56 6 establishing standards and enforcing regulations, and for not 56 7 more than the following full-time equivalent positions: 56 8 .................................................. $ 6,269,235 56 9 ............................................... FTEs 129.77 56 10 a. The department may expend funds received from licensing 56 11 fees in addition to amounts appropriated in this subsection, 56 12 if those additional expenditures are directly the result of a 56 13 scope of practice review committee unanticipated litigation 56 14 costs arising from the discharge of an examining board's 56 15 regulatory duties. Before the department expends or encumbers 56 16 funds for a scope of practice review committee or for an 56 17 amount in excess of the funds budgeted for an examining board, 56 18 the director of the department of management shall approve the 56 19 expenditure or encumbrance. The amounts necessary to fund any 56 20 unanticipated litigation or scope of practice review committee 56 21 expense in the fiscal year beginning July 1, 2002, shall not 56 22 exceed 5 percent of the average annual fees generated by the 56 23 boards for the previous two fiscal years. 56 24 b. For the fiscal year beginning July 1, 2002, the 56 25 department shall retain fees collected from the certification 56 26 of lead inspectors and lead abaters pursuant to section 56 27 135.105A to support the certification program; and shall 56 28 retain fees collected from the licensing, registration, 56 29 authorization, accreditation, and inspection of x-ray machines 56 30 used for mammographically guided breast biopsy, screening, and 56 31 diagnostic mammography, pursuant to section 136C.10 to support 56 32 the administration of the chapter. The department may also 56 33 retain fees collected pursuant to section 136C.10 on all 56 34 shippers of radioactive material waste containers transported 56 35 across Iowa if the department does not obtain funding to 57 1 support the oversight and regulation of this activity, and for 57 2 x-ray radiology examination fees collected by the department 57 3 and reimbursed to a private organization conducting the 57 4 examination. 57 5 c. The department may retain and expend not more than 57 6 $279,056 for lease and maintenance expenses from fees 57 7 collected pursuant to section 147.80 by the board of dental 57 8 examiners, the board of pharmacy examiners, the board of 57 9 medical examiners, and the board of nursing in the fiscal year 57 10 beginning July 1, 2002, and ending June 30, 2003. Fees 57 11 retained by the department pursuant to this lettered paragraph 57 12 are appropriated to the department for the purposes described 57 13 in this lettered paragraph. 57 14 d. The department may retain and expend not more than 57 15 $100,000 for reduction of the number of days necessary to 57 16 process medical license requests and for reduction of the 57 17 number of days needed for consideration of malpractice cases 57 18 from fees collected pursuant to section 147.80 by the board of 57 19 medical examiners in the fiscal year beginning July 1, 2002, 57 20 and ending June 30, 2003. Fees retained by the department 57 21 pursuant to this lettered paragraph are appropriated to the 57 22 department for the purposes described in this lettered 57 23 paragraph. 57 24 e. If a person in the course of responding to an emergency 57 25 renders aid to an injured person and becomes exposed to bodily 57 26 fluids of the injured person, that emergency responder shall 57 27 be entitled to hepatitis testing and immunization in 57 28 accordance with the latest available medical technology to 57 29 determine if infection with hepatitis has occurred. The 57 30 person shall be entitled to reimbursement from the funds 57 31 appropriated in this subsection only if the reimbursement is 57 32 not available through any employer or third-party payor. 57 33 f. The board of dental examiners may retain and expend not 57 34 more than $148,060 from revenues generated pursuant to section 57 35 147.80. Fees retained by the board pursuant to this lettered 58 1 paragraph are appropriated to the department to be used for 58 2 the purposes of regulating dental assistants. 58 3 g. The board of medical examiners, the board of pharmacy 58 4 examiners, the board of dental examiners, and the board of 58 5 nursing shall prepare estimates of projected receipts to be 58 6 generated by the licensing, certification, and examination 58 7 fees of each board as well as a projection of the fairly 58 8 apportioned administrative costs and rental expenses 58 9 attributable to each board. Each board shall annually review 58 10 and adjust its schedule of fees so that, as nearly as 58 11 possible, projected receipts equal projected costs. 58 12 h. The board of medical examiners, the board of pharmacy 58 13 examiners, the board of dental examiners, and the board of 58 14 nursing shall retain their individual executive officers, but 58 15 are strongly encouraged to share administrative, clerical, and 58 16 investigative staffs to the greatest extent possible. 58 17 i. The licensing boards funded under this section shall 58 18 submit a report by February 1, 2003, to the chairpersons and 58 19 ranking members of the joint appropriations subcommittee on 58 20 health and human rights providing management to staff ratios 58 21 of all funded positions as of January 13, 2003. 58 22 11. RESOURCE MANAGEMENT 58 23 For establishing and sustaining the overall ability of the 58 24 department to deliver services to the public, and for not more 58 25 than the following full-time equivalent positions: 58 26 .................................................. $ 1,101,021 58 27 ............................................... FTEs 53.76 58 28 12. The state university of Iowa hospitals and clinics 58 29 under the control of the state board of regents shall not 58 30 receive indirect costs from the funds appropriated in this 58 31 section. 58 32 13. A local health care provider or nonprofit health care 58 33 organization seeking grant moneys administered by the Iowa 58 34 department of public health shall provide documentation that 58 35 the provider or organization has coordinated its services with 59 1 other local entities providing similar services. 59 2 14. a. The department shall apply for available federal 59 3 funds for sexual abstinence education programs. 59 4 b. It is the intent of the general assembly to comply with 59 5 the United States Congress' intent to provide education that 59 6 promotes abstinence from sexual activity outside of marriage 59 7 and reduces pregnancies, by focusing efforts on those persons 59 8 most likely to father and bear children out of wedlock. 59 9 c. Any sexual abstinence education program awarded moneys 59 10 under the grant program shall meet the definition of 59 11 abstinence education in the federal law. Grantees shall be 59 12 evaluated based upon the extent to which the abstinence 59 13 program successfully communicates the goals set forth in the 59 14 federal law. 59 15 d. It is the intent of the general assembly that the Iowa 59 16 department of public health and the department of human 59 17 services shall discuss the feasibility of combining adolescent 59 18 pregnancy prevention programs under one department and shall 59 19 submit a written report regarding such discussions to the 59 20 chairpersons and ranking members of the joint appropriations 59 21 subcommittee on health and human rights by November 1, 2002. 59 22 Sec. 101. DEPARTMENT OF HUMAN RIGHTS. There is 59 23 appropriated from the general fund of the state to the 59 24 department of human rights for the fiscal year beginning July 59 25 1, 2002, and ending June 30, 2003, the following amounts, or 59 26 so much thereof as is necessary, to be used for the purposes 59 27 designated: 59 28 1. CENTRAL ADMINISTRATION DIVISION 59 29 For salaries, support, maintenance, miscellaneous purposes, 59 30 and for not more than the following full-time equivalent 59 31 positions: 59 32 .................................................. $ 255,624 59 33 ............................................... FTEs 7.00 59 34 2. DEAF SERVICES DIVISION 59 35 For salaries, support, maintenance, miscellaneous purposes, 60 1 and for not more than the following full-time equivalent 60 2 positions: 60 3 .................................................. $ 313,828 60 4 ............................................... FTEs 7.00 60 5 The fees collected by the division for provision of 60 6 interpretation services by the division to obligated agencies 60 7 shall be disbursed pursuant to the provisions of section 8.32, 60 8 and shall be dedicated and used by the division for continued 60 9 and expanded interpretation services. 60 10 3. PERSONS WITH DISABILITIES DIVISION 60 11 For salaries, support, maintenance, miscellaneous purposes, 60 12 and for not more than the following full-time equivalent 60 13 positions: 60 14 .................................................. $ 173,136 60 15 ............................................... FTEs 3.50 60 16 4. LATINO AFFAIRS DIVISION 60 17 For salaries, support, maintenance, miscellaneous purposes, 60 18 and for not more than the following full-time equivalent 60 19 positions: 60 20 .................................................. $ 155,124 60 21 ............................................... FTEs 3.00 60 22 5. STATUS OF WOMEN DIVISION 60 23 For salaries, support, maintenance, miscellaneous purposes, 60 24 including the Iowans in transition program, and the domestic 60 25 violence and sexual assault-related grants, and for not more 60 26 than the following full-time equivalent positions: 60 27 .................................................. $ 333,415 60 28 ............................................... FTEs 3.00 60 29 6. STATUS OF AFRICAN-AMERICANS DIVISION 60 30 For salaries, support, maintenance, miscellaneous purposes, 60 31 and for not more than the following full-time equivalent 60 32 positions: 60 33 .................................................. $ 124,373 60 34 ............................................... FTEs 2.00 60 35 The appropriation in this subsection is contingent upon the 61 1 appointment of an administrator of the division on the status 61 2 of African-Americans and the appointment of all nine members 61 3 to the commission on the status of African-Americans. 61 4 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 61 5 For salaries, support, maintenance, miscellaneous purposes, 61 6 and for not more than the following full-time equivalent 61 7 positions: 61 8 .................................................. $ 368,604 61 9 ............................................... FTEs 9.15 61 10 The criminal and juvenile justice planning advisory council 61 11 and the juvenile justice advisory council shall coordinate 61 12 their efforts in carrying out their respective duties relative 61 13 to juvenile justice. 61 14 8. SHARED STAFF. The divisions of the department of human 61 15 rights shall retain their individual administrators, but shall 61 16 share staff to the greatest extent possible. 61 17 Sec. 102. COMMISSION OF VETERANS AFFAIRS. There is 61 18 appropriated from the general fund of the state to the 61 19 commission of veterans affairs for the fiscal year beginning 61 20 July 1, 2002, and ending June 30, 2003, the following amounts, 61 21 or so much thereof as is necessary, to be used for the 61 22 purposes designated: 61 23 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION 61 24 For salaries, support, maintenance, miscellaneous purposes, 61 25 including the war orphan educational fund established pursuant 61 26 to chapter 35, and for not more than the following full-time 61 27 equivalent positions: 61 28 .................................................. $ 192,792 61 29 ............................................... FTEs 3.00 61 30 The commission of veterans affairs may use the gifts 61 31 accepted by the chairperson of the commission of veterans 61 32 affairs, or designee, and other resources available to the 61 33 commission for use at its Camp Dodge office. The commission 61 34 shall report annually to the governor and the general assembly 61 35 on monetary gifts received by the commission for the Camp 62 1 Dodge office. 62 2 2. IOWA VETERANS HOME 62 3 For salaries, support, maintenance, miscellaneous purposes, 62 4 and for not more than the following full-time equivalent 62 5 positions: 62 6 .................................................. $ 14,445,694 62 7 ............................................... FTEs 843.00 62 8 a. The Iowa veterans home may use the gifts accepted by 62 9 the chairperson of the commission of veterans affairs and 62 10 other resources available to the commission for use at the 62 11 Iowa veterans home. 62 12 b. Any Iowa veterans home successor contractor shall not 62 13 consider employees of a state institution or facility to be 62 14 new employees for purposes of employee wages, health 62 15 insurance, or retirement benefits. 62 16 c. The chairpersons and ranking members of the joint 62 17 appropriations subcommittee on health and human rights shall 62 18 be notified by January 15 of any calendar year during which a 62 19 request for proposals is anticipated to be issued regarding 62 20 any Iowa veterans home contract involving employment, for 62 21 purposes of providing legislative review and oversight. 62 22 d. The Iowa veterans home shall operate with a net state 62 23 general fund appropriation. The amount appropriated in this 62 24 subsection is the net amount of state moneys projected to be 62 25 needed for the Iowa veterans home. The purposes of operating 62 26 with a net state general fund appropriation are to encourage 62 27 the Iowa veterans home to operate with increased self- 62 28 sufficiency, to improve quality and efficiency, and to support 62 29 collaborative efforts among all funders of services available 62 30 from the Iowa veterans home. Moneys appropriated in this 62 31 subsection may be used throughout the fiscal year in the 62 32 manner necessary for purposes of cash flow management, and for 62 33 purposes of cash flow management the Iowa veterans home may 62 34 temporarily draw more than the amount appropriated, provided 62 35 the amount appropriated is not exceeded at the close of the 63 1 fiscal year. Beginning September 1, 2002, the Iowa veterans 63 2 home shall submit a report every other month to the 63 3 chairpersons and ranking members of the joint appropriations 63 4 subcommittee on health and human rights and to the legislative 63 5 fiscal committee providing a financial analysis of revenues 63 6 and expenses. 63 7 e. Revenues attributable to the Iowa veterans home for the 63 8 fiscal year beginning July 1, 2002, shall be deposited into 63 9 the Iowa veterans home account and shall be treated as 63 10 repayment receipts, including but not limited to all of the 63 11 following: 63 12 (1) Federal veterans administration payments. 63 13 (2) Medical assistance revenue received under chapter 63 14 249A. 63 15 (3) Federal Medicare program payments. 63 16 (4) Moneys received from client financial participation. 63 17 (5) Other revenues generated from current, new, or 63 18 expanded services which the Iowa veterans home is authorized 63 19 to provide. 63 20 f. For the purposes of allocating the salary adjustment 63 21 fund moneys appropriated in another Act, the Iowa veterans 63 22 home shall be considered to be funded entirely with state 63 23 moneys. 63 24 g. Notwithstanding section 8.33, up to $500,000 of the 63 25 Iowa veterans home revenues that remain unencumbered or 63 26 unobligated at the close of the fiscal year shall not revert 63 27 but shall remain available to be used in the succeeding fiscal 63 28 year. 63 29 Sec. 103. GAMBLING TREATMENT FUND – APPROPRIATION. 63 30 1. There is appropriated from funds available in the 63 31 gambling treatment fund established in the office of the 63 32 treasurer of state pursuant to section 99E.10 to the Iowa 63 33 department of public health for the fiscal year beginning July 63 34 1, 2002, and ending June 30, 2003, the following amount, or so 63 35 much thereof as is necessary, to be used for the purpose 64 1 designated: 64 2 a. Addictive disorders 64 3 To be utilized for the benefit of persons with addictions: 64 4 .................................................. $ 1,690,000 64 5 b. It is the intent of the general assembly that from the 64 6 moneys appropriated in this section, persons with a dual 64 7 diagnosis of substance abuse and gambling addictions shall be 64 8 given priority in treatment services. 64 9 c. Gambling treatment program 64 10 The funds remaining in the gambling treatment fund after 64 11 the appropriation in paragraph "a" is made shall be used for 64 12 funding of administrative costs and to provide programs which 64 13 may include, but are not limited to, outpatient and follow-up 64 14 treatment for persons affected by problem gambling, 64 15 rehabilitation and residential treatment programs, information 64 16 and referral services, education and preventive services, and 64 17 financial management services. 64 18 2. For the fiscal year beginning July 1, 2002, and ending 64 19 June 30, 2003, from the tax revenue received by the state 64 20 racing and gaming commission pursuant to section 99D.15, 64 21 subsections 1, 3, and 4, an amount equal to three-tenths of 64 22 one percent of the gross sum wagered by the pari-mutuel method 64 23 is to be deposited into the gambling treatment fund. 64 24 Sec. 104. VITAL RECORDS. The vital records modernization 64 25 project as enacted in 1993 Iowa Acts, chapter 55, section 1, 64 26 as amended by 1994 Iowa Acts, chapter 1068, section 8, as 64 27 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa 64 28 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter 64 29 201, section 17, and as continued by 2000 Iowa Acts, chapter 64 30 1222, section 10, and 2001 Iowa Acts, chapter 182, section 13, 64 31 shall be extended until June 30, 2003, and the increased fees 64 32 to be collected pursuant to that project shall continue to be 64 33 collected and are appropriated to the Iowa department of 64 34 public health until June 30, 2003. 64 35 Sec. 105. SPAN OF CONTROL REPORTING. The department for 65 1 the blind, the Iowa state civil rights commission, the 65 2 department of elder affairs, the Iowa department of public 65 3 health, the department of human rights, the governor's office 65 4 of drug control policy, and the commission of veterans affairs 65 5 shall submit a report by February 1, 2003, to the chairpersons 65 6 and ranking members of the joint appropriations subcommittee 65 7 on health and human rights providing all management to staff 65 8 ratios of all funded positions as of January 13, 2003. 65 9 Sec. 106. PROGRAM PERFORMANCE BUDGETS. It is the intent 65 10 of the general assembly that the department for the blind, the 65 11 Iowa state civil rights commission, the department of elder 65 12 affairs, the Iowa department of public health, the department 65 13 of human rights, the governor's office of drug control policy, 65 14 and the commission of veterans affairs develop program 65 15 performance budget measures to include, but not be limited to, 65 16 the development and tracking of demand, workload, 65 17 productivity, and effectiveness performance indicators for 65 18 each program. The program performance measures shall include 65 19 minority programs and grants received by minority programs. 65 20 The program performance measures shall also include gender- 65 21 based programs. The purpose of the program performance budget 65 22 initiative is to emphasize the programs the agencies provide 65 23 based upon citizen needs, the agencies' responses to those 65 24 needs, and the resources the agencies require to respond to 65 25 those needs. The agencies shall submit a report on the status 65 26 of achieving the program performance measures to the 65 27 chairpersons and ranking members of the joint appropriations 65 28 subcommittee on health and human rights by December 16, 2002. 65 29 Sec. 107. SCOPE OF PRACTICE REVIEW PROJECT. The scope of 65 30 practice review committee pilot project as enacted in 1997 65 31 Iowa Acts, chapter 203, section 6, shall be extended until 65 32 July 1, 2003. The Iowa department of public health shall 65 33 submit an annual progress report to the governor and the 65 34 general assembly by January 15 and shall include any 65 35 recommendations for legislative action as a result of review 66 1 committee activities. The department may contract with a 66 2 school or college of public health in Iowa to assist in 66 3 implementing the project. 66 4 Sec. 108. Section 232.190, Code 2001, is repealed. 66 5 Sec. 109. EFFECTIVE DATE. This division of this Act takes 66 6 effect July 1, 2002. 66 7 DIVISION VI 66 8 HUMAN SERVICES 66 9 Sec. 110. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 66 10 GRANT. There is appropriated from the fund created in section 66 11 8.41 to the department of human services for the fiscal year 66 12 beginning July 1, 2002, and ending June 30, 2003, from moneys 66 13 received under the federal temporary assistance for needy 66 14 families block grant pursuant to the federal Personal 66 15 Responsibility and Work Opportunity Reconciliation Act of 66 16 1996, Pub. L. No. 104-193 and successor legislation, which are 66 17 federally appropriated for the federal fiscal years beginning 66 18 October 1, 2001, and ending September 30, 2002, and beginning 66 19 October 1, 2002, and ending September 30, 2003, the following 66 20 amounts, or so much thereof as is necessary, to be used for 66 21 the purposes designated: 66 22 If the federal government appropriation received for Iowa's 66 23 portion of the federal temporary assistance for needy families 66 24 block grant for the federal fiscal year beginning October 1, 66 25 2002, and ending September 30, 2003, is less than 66 26 $131,524,959, it is the intent of the general assembly to act 66 27 expeditiously during the 2003 legislative session to adjust 66 28 appropriations or take other actions to address the reduced 66 29 amount. Moneys appropriated in this section shall be used in 66 30 accordance with the federal law making the funds available, 66 31 applicable Iowa law, appropriations made from the general fund 66 32 of the state in this Act for the purpose designated, and 66 33 administrative rules adopted to implement the federal and Iowa 66 34 law: 66 35 1. To be credited to the family investment program account 67 1 and used for assistance under the family investment program 67 2 under chapter 239B: 67 3 .................................................. $ 46,508,982 67 4 2. To be credited to the family investment program account 67 5 and used for the job opportunities and basic skills (JOBS) 67 6 program, and implementing family investment agreements, in 67 7 accordance with chapter 239B: 67 8 .................................................. $ 13,412,794 67 9 3. For field operations: 67 10 .................................................. $ 12,885,790 67 11 4. For general administration: 67 12 .................................................. $ 3,238,614 67 13 5. For local administrative costs: 67 14 .................................................. $ 2,122,982 67 15 6. For state child care assistance: 67 16 .................................................. $ 28,638,329 67 17 a. Of the funds appropriated in this subsection, $200,000 67 18 shall be used for provision of educational opportunities to 67 19 registered child care home providers in order to improve 67 20 services and programs offered by this category of providers 67 21 and to increase the number of providers. The department may 67 22 contract with institutions of higher education or child care 67 23 resource and referral centers to provide the educational 67 24 opportunities. Allowable administrative costs under the 67 25 contracts shall not exceed 5 percent. The application for a 67 26 grant shall not exceed two pages in length. 67 27 b. Of the funds appropriated in this subsection, the 67 28 maximum amount allowed under Pub. L. No. 104-193 shall be 67 29 transferred to the child care and development block grant 67 30 appropriation. Funds appropriated in this subsection that 67 31 remain following the transfer shall be used to provide direct 67 32 spending for the child care needs of working parents in 67 33 families eligible for the family investment program. 67 34 7. For emergency assistance: 67 35 .................................................. $ 1,000,000 68 1 8. For mental health and developmental disabilities 68 2 community services: 68 3 .................................................. $ 4,349,266 68 4 9. For child and family services: 68 5 .................................................. $ 22,896,571 68 6 10. For child abuse prevention grants: 68 7 .................................................. $ 250,000 68 8 11. For pregnancy prevention grants on the condition that 68 9 family planning services are funded: 68 10 .................................................. $ 2,514,413 68 11 a. Pregnancy prevention grants shall be awarded to 68 12 programs in existence on or before July 1, 2002, if the 68 13 programs are comprehensive in scope and have demonstrated 68 14 positive outcomes. Grants shall be awarded to pregnancy 68 15 prevention programs which are developed after July 1, 2002, if 68 16 the programs are comprehensive in scope and are based on 68 17 existing models that have demonstrated positive outcomes. 68 18 Grants shall comply with the requirements provided in 1997 68 19 Iowa Acts, chapter 208, section 14, subsections 1 and 2, 68 20 including the requirement that grant programs must emphasize 68 21 sexual abstinence. Priority in the awarding of grants shall 68 22 be given to programs that serve areas of the state which 68 23 demonstrate the highest percentage of unplanned pregnancies of 68 24 females age 13 or older but younger than age 18 within the 68 25 geographic area to be served by the grant. 68 26 b. In addition to the full-time equivalent positions 68 27 funded in this division of this Act, the department may use a 68 28 portion of the funds appropriated in this subsection to employ 68 29 an employee in up to 1.00 full-time equivalent position for 68 30 the administration of programs specified in this subsection. 68 31 12. For technology needs and other resources necessary to 68 32 meet federal welfare reform reporting, tracking, and case 68 33 management requirements: 68 34 .................................................. $ 565,088 68 35 13. For volunteers: 69 1 .................................................. $ 42,663 69 2 14. For individual development accounts under chapter 69 3 541A: 69 4 .................................................. $ 150,000 69 5 15. For the healthy opportunities for parents to 69 6 experience success (HOPES) program administered by the Iowa 69 7 department of public health to target child abuse prevention: 69 8 .................................................. $ 200,000 69 9 16. To be credited to the state child care assistance 69 10 appropriation made in this section to be used for funding of 69 11 community-based early childhood programs targeted to children 69 12 from birth through five years of age, developed by community 69 13 empowerment areas as provided in this subsection: 69 14 .................................................. $ 6,350,000 69 15 a. The department may transfer federal temporary 69 16 assistance for needy families block grant funding appropriated 69 17 and allocated in this subsection to the child care and 69 18 development block grant appropriation in accordance with 69 19 federal law as necessary to comply with the provisions of this 69 20 subsection. The funding shall then be provided to community 69 21 empowerment areas for the fiscal year beginning July 1, 2002, 69 22 in accordance with all of the following: 69 23 (1) The area must be approved as a designated community 69 24 empowerment area by the Iowa empowerment board. 69 25 (2) The maximum funding amount a community empowerment 69 26 area is eligible to receive shall be determined by applying 69 27 the area's percentage of the state's average monthly family 69 28 investment program population in the preceding fiscal year to 69 29 the total amount appropriated for fiscal year 2002-2003 from 69 30 the TANF block grant to fund community-based programs targeted 69 31 to children from birth through five years of age developed by 69 32 community empowerment areas. 69 33 (3) A community empowerment area receiving funding shall 69 34 comply with any federal reporting requirements associated with 69 35 the use of that funding and other results and reporting 70 1 requirements established by the Iowa empowerment board. The 70 2 department shall provide technical assistance in identifying 70 3 and meeting the federal requirements. 70 4 (4) The availability of funding provided under this 70 5 subsection is subject to changes in federal requirements and 70 6 amendments to Iowa law. 70 7 b. The moneys distributed in accordance with this 70 8 subsection shall be used by communities for the purposes of 70 9 enhancing quality child care capacity in support of parent 70 10 capability to obtain or retain employment. The moneys shall 70 11 be used with a primary emphasis on low-income families and 70 12 children from birth to five years of age. Moneys shall be 70 13 provided in a flexible manner to communities, and shall be 70 14 used to implement strategies identified by the communities to 70 15 achieve such purposes. In addition to the full-time 70 16 equivalent positions funded in this division of this Act, 1.00 70 17 full-time equivalent position is authorized and the department 70 18 may use funding appropriated in this subsection for provision 70 19 of technical assistance and other support to communities 70 20 developing and implementing strategies with moneys distributed 70 21 in accordance with this subsection. 70 22 c. Moneys that are subject to this subsection which are 70 23 not distributed to a community empowerment area or otherwise 70 24 remain unobligated or unexpended at the end of the fiscal year 70 25 shall revert to the fund created in section 8.41 to be 70 26 available for appropriation by the general assembly in a 70 27 subsequent fiscal year. 70 28 Of the amounts appropriated in this section, $11,612,112 70 29 for the fiscal year beginning July 1, 2002, shall be 70 30 transferred to the appropriation of the federal social 70 31 services block grant for that fiscal year. 70 32 Eligible funding available under the federal temporary 70 33 assistance for needy families block grant that is not 70 34 appropriated or not otherwise expended shall be considered 70 35 reserved for economic downturns and welfare reform purposes 71 1 and is subject to further state appropriation to support 71 2 families in their movement toward self-sufficiency. 71 3 Federal funding received that is designated for activities 71 4 supporting marriage or two-parent families is appropriated to 71 5 the Iowa marriage initiative grant fund created in section 71 6 234.45. 71 7 Sec. 111. FAMILY INVESTMENT PROGRAM ACCOUNT. 71 8 1. Moneys credited to the family investment program (FIP) 71 9 account for the fiscal year beginning July 1, 2002, and ending 71 10 June 30, 2003, shall be used in accordance with the following 71 11 requirements: 71 12 a. The department shall provide assistance in accordance 71 13 with chapter 239B. 71 14 b. The department shall continue the special needs program 71 15 under the family investment program. 71 16 c. The department shall continue to comply with federal 71 17 welfare reform data requirements pursuant to the 71 18 appropriations made for that purpose. 71 19 d. (1) The department shall continue expansion of the 71 20 electronic benefit transfer program as necessary to comply 71 21 with federal food stamp benefit requirements. The target date 71 22 for statewide implementation of the program is October 1, 71 23 2003. 71 24 (2) Notwithstanding section 234.12A, subsection 1, for the 71 25 fiscal year beginning July 1, 2002, a retailer providing 71 26 electronic equipment shall not be reimbursed a transaction 71 27 fee. 71 28 2. The department may use a portion of the moneys credited 71 29 to the family investment account under this section, as 71 30 necessary for salaries, support, maintenance, and 71 31 miscellaneous purposes for not more than the following full- 71 32 time equivalent positions which are in addition to any other 71 33 full-time equivalent positions authorized by this Act: 71 34 ............................................... FTEs 6.00 71 35 3. The department may transfer funds in accordance with 72 1 section 8.39, either federal or state, to or from the child 72 2 care appropriations made for the fiscal year beginning July 1, 72 3 2002, if the department deems this would be a more effective 72 4 method of paying for JOBS program child care, to maximize 72 5 federal funding, or to meet federal maintenance of effort 72 6 requirements. 72 7 4. Moneys appropriated in this division of this Act and 72 8 credited to the family investment program account for the 72 9 fiscal year beginning July 1, 2002, and ending June 30, 2003, 72 10 are allocated as follows: 72 11 a. For the family development and self-sufficiency grant 72 12 program as provided under section 217.12: 72 13 .................................................. $ 5,133,042 72 14 (1) Of the funds allocated for the family development and 72 15 self-sufficiency grant program in this lettered paragraph, not 72 16 more than 5 percent of the funds shall be used for the 72 17 administration of the grant program. 72 18 (2) Based upon the annual evaluation report concerning 72 19 each grantee funded by previously appropriated funds and 72 20 through the solicitation of additional grant proposals, the 72 21 family development and self-sufficiency council may use the 72 22 allocated funds to renew or expand existing grants or award 72 23 new grants. In utilizing the funding allocated in this 72 24 lettered paragraph, the council shall give consideration, in 72 25 addition to other criteria established by the council, to a 72 26 grantee's intended use of local funds with a grant and to 72 27 whether approval of a grant proposal would expand the 72 28 availability of the program's services. 72 29 (3) The department may continue to implement the family 72 30 development and self-sufficiency grant program statewide 72 31 during FY 2002-2003. 72 32 b. For the diversion subaccount of the family investment 72 33 program account: 72 34 .................................................. $ 1,814,000 72 35 (1) Moneys allocated to the diversion subaccount shall be 73 1 used to continue the pilot initiative of providing incentives 73 2 to assist families who meet income eligibility requirements 73 3 for the family investment program in obtaining or retaining 73 4 employment, to assist participant families in overcoming 73 5 barriers to obtaining employment, and to assist families in 73 6 stabilizing employment and in reducing the likelihood of the 73 7 family returning to the family investment program. The 73 8 requirements established and position authorized under 2001 73 9 Iowa Acts, chapter 191, section 3, subsection 5, paragraph 73 10 "c", subparagraph (1), shall remain applicable to the 73 11 initiative for fiscal year 2002-2003. 73 12 (2) Of the moneys allocated to the diversion subaccount, 73 13 not more than $250,000 shall be used to develop or continue 73 14 community-level parental obligation pilot projects. The 73 15 requirements established under 2001 Iowa Acts, chapter 191, 73 16 section 3, subsection 5, paragraph "c", subparagraph (3), 73 17 shall remain applicable to the parental obligation pilot 73 18 projects for fiscal year 2002-2003. 73 19 c. For the food stamp employment and training program: 73 20 .................................................. $ 63,000 73 21 5. Of the child support collections assigned under the 73 22 family investment program, an amount equal to the federal 73 23 share of support collections shall be credited to the child 73 24 support recovery appropriation. Of the remainder of the 73 25 assigned child support collections received by the child 73 26 support recovery unit, a portion shall be credited to the 73 27 family investment program account and a portion may be used to 73 28 increase recoveries. 73 29 6. The department may adopt emergency administrative rules 73 30 for the family investment, food stamp, and medical assistance 73 31 programs, if necessary, to comply with federal requirements. 73 32 Prior to adoption of the rules, the department shall consult 73 33 with the welfare reform council and the chairpersons and 73 34 ranking members of the joint appropriations subcommittee on 73 35 human services. 74 1 7. The department may continue the initiative to 74 2 streamline and simplify the employer verification process for 74 3 applicants, participants, and employers in the administration 74 4 of the department's programs. The department may contract 74 5 with companies collecting data from employers when the 74 6 information is needed in the administration of these programs. 74 7 The department may limit the availability of the initiative on 74 8 the basis of geographic area or number of individuals. 74 9 Sec. 112. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 74 10 is appropriated from the general fund of the state to the 74 11 department of human services for the fiscal year beginning 74 12 July 1, 2002, and ending June 30, 2003, the following amount, 74 13 or so much thereof as is necessary, to be used for the purpose 74 14 designated: 74 15 To be credited to the family investment program account and 74 16 used for family investment program assistance under chapter 74 17 239B: 74 18 .................................................. $ 35,288,782 74 19 1. The department of workforce development, in 74 20 consultation with the department of human services, shall 74 21 continue to utilize recruitment and employment practices to 74 22 include former and current family investment program 74 23 recipients. 74 24 2. The department of human services shall continue to work 74 25 with the department of workforce development and local 74 26 community collaborative efforts to provide support services 74 27 for family investment program participants. The support 74 28 services shall be directed to those participant families who 74 29 would benefit from the support services and are likely to have 74 30 success in achieving economic independence. 74 31 3. Of the funds appropriated in this section, $9,274,143 74 32 is allocated for the JOBS program. 74 33 4. The department shall continue to work with religious 74 34 organizations and other charitable institutions to increase 74 35 the availability of host homes, referred to as second chance 75 1 homes or other living arrangements under the federal Personal 75 2 Responsibility and Work Opportunity Reconciliation Act of 75 3 1996, Pub. L. No. 104-193, } 103. The purpose of the homes or 75 4 arrangements is to provide a supportive and supervised living 75 5 arrangement for minor parents receiving assistance under the 75 6 family investment program who, under chapter 239B, may receive 75 7 assistance while living in an alternative setting other than 75 8 with their parent or legal guardian. 75 9 Sec. 113. EMERGENCY ASSISTANCE. 75 10 1. The emergency assistance funds received in accordance 75 11 with this section and federal moneys appropriated for this 75 12 purpose in this division of this Act shall be available 75 13 beginning October 1, 2002, and shall be provided only if all 75 14 other publicly funded resources have been exhausted. 75 15 Specifically, emergency assistance is the program of last 75 16 resort and shall not supplant assistance provided by the low- 75 17 income home energy assistance program (LIHEAP), county general 75 18 relief, and veterans affairs programs. The department shall 75 19 establish a $500 maximum payment, per family, in a 12-month 75 20 period. The emergency assistance includes, but is not limited 75 21 to, assisting people who face eviction, potential eviction, or 75 22 foreclosure, utility shutoff or fuel shortage, loss of heating 75 23 energy supply or equipment, homelessness, utility or rental 75 24 deposits, or other specified crisis which threatens family or 75 25 living arrangements. The emergency assistance shall be 75 26 available to migrant families who would otherwise meet 75 27 eligibility criteria. The department may contract for the 75 28 administration and delivery of the program. The program shall 75 29 be terminated when funds are exhausted. 75 30 2. a. For the fiscal year beginning July 1, 2002, the 75 31 department shall continue the process for the state to receive 75 32 refunds of utility and rent deposits, including any accrued 75 33 interest, for emergency assistance recipients which were paid 75 34 by persons other than the state. The department shall also 75 35 receive refunds, including any accrued interest, of assistance 76 1 paid with funding available under this program. The refunds 76 2 received by the department under this subsection shall be 76 3 deposited with the moneys of the appropriation made in this 76 4 Act and are appropriated to be used as additional funds for 76 5 the emergency assistance program. 76 6 b. Notwithstanding section 8.33, moneys received by the 76 7 department under this subsection which remain after the 76 8 emergency assistance program is terminated and state or 76 9 federal moneys in the emergency assistance account which 76 10 remain unobligated or unexpended at the close of the fiscal 76 11 year beginning July 1, 2002, shall not revert but shall remain 76 12 available for expenditure when the program resumes operation 76 13 on October 1 in the succeeding fiscal year. 76 14 Sec. 114. CHILD SUPPORT RECOVERY. There is appropriated 76 15 from the general fund of the state to the department of human 76 16 services for the fiscal year beginning July 1, 2002, and 76 17 ending June 30, 2003, the following amount, or so much thereof 76 18 as is necessary, to be used for the purposes designated: 76 19 For child support recovery, including salaries, support, 76 20 maintenance, and miscellaneous purposes and for not more than 76 21 the following full-time equivalent positions: 76 22 .................................................. $ 5,895,189 76 23 ............................................... FTEs 406.40 76 24 1. The director of human services, within the limitations 76 25 of the moneys appropriated in this section, or moneys 76 26 transferred from the family investment program account for 76 27 this purpose, shall establish new positions and add employees 76 28 to the child support recovery unit if the director determines 76 29 that both the current and additional employees together can 76 30 reasonably be expected to maintain or increase net state 76 31 revenue at or beyond the budgeted level. 76 32 2. Nonpublic assistance application fees and other user 76 33 fees received by the child support recovery unit are 76 34 appropriated and shall be used for the purposes of the child 76 35 support recovery program. The director of human services may 77 1 add positions within the limitations of the amount 77 2 appropriated for salaries and support for the positions. 77 3 3. The director of human services, in consultation with 77 4 the department of management and the legislative fiscal 77 5 committee, is authorized to receive and deposit state child 77 6 support incentive earnings in the manner specified under 77 7 applicable federal requirements. 77 8 4. a. The director of human services may establish new 77 9 positions and add state employees to the child support 77 10 recovery unit or contract for delivery of services if the 77 11 director determines the employees are necessary to replace 77 12 county-funded positions eliminated due to termination, 77 13 reduction, or nonrenewal of a chapter 28E contract. However, 77 14 the director must also determine that the resulting increase 77 15 in the state share of child support recovery incentives 77 16 exceeds the cost of the positions or contract, the positions 77 17 or contract are necessary to ensure continued federal funding 77 18 of the program, or the new positions or contract can 77 19 reasonably be expected to recover at least twice the amount of 77 20 money necessary to pay the salaries and support for the new 77 21 positions or the contract will generate at least 200 percent 77 22 of the cost of the contract. 77 23 b. Employees in full-time positions that transition from 77 24 county government to state government employment under this 77 25 subsection are exempt from testing, selection, and appointment 77 26 provisions of chapter 19A and from the provisions of 77 27 collective bargaining agreements relating to the filling of 77 28 vacant positions. 77 29 5. Surcharges paid by obligors and received by the unit as 77 30 a result of the referral of support delinquency by the child 77 31 support recovery unit to any private collection agency are 77 32 appropriated to the department and shall be used to pay the 77 33 costs of any contracts with the collection agencies. 77 34 6. The department shall expend up to $51,000, including 77 35 federal financial participation, for the fiscal year beginning 78 1 July 1, 2002, for a child support public awareness campaign. 78 2 The department and the office of the attorney general shall 78 3 cooperate in continuation of the campaign. The public 78 4 awareness campaign shall emphasize, through a variety of media 78 5 activities, the importance of maximum involvement of both 78 6 parents in the lives of their children as well as the 78 7 importance of payment of child support obligations. 78 8 7. Federal access and visitation grant moneys shall be 78 9 issued directly to private not-for-profit agencies that 78 10 provide services designed to increase compliance with the 78 11 child access provisions of court orders, including but not 78 12 limited to neutral visitation site and mediation services. 78 13 Sec. 115. MEDICAL ASSISTANCE. There is appropriated from 78 14 the general fund of the state to the department of human 78 15 services for the fiscal year beginning July 1, 2002, and 78 16 ending June 30, 2003, the following amount, or so much thereof 78 17 as is necessary, to be used for the purpose designated: 78 18 For medical assistance reimbursement and associated costs 78 19 as specifically provided in the reimbursement methodologies in 78 20 effect on June 30, 2002, except as otherwise expressly 78 21 authorized by law, including reimbursement for abortion 78 22 services, which shall be available under the medical 78 23 assistance program only for those abortions which are 78 24 medically necessary: 78 25 .................................................. $380,907,073 78 26 1. Medically necessary abortions are those performed under 78 27 any of the following conditions: 78 28 a. The attending physician certifies that continuing the 78 29 pregnancy would endanger the life of the pregnant woman. 78 30 b. The attending physician certifies that the fetus is 78 31 physically deformed, mentally deficient, or afflicted with a 78 32 congenital illness. 78 33 c. The pregnancy is the result of a rape which is reported 78 34 within 45 days of the incident to a law enforcement agency or 78 35 public or private health agency which may include a family 79 1 physician. 79 2 d. The pregnancy is the result of incest which is reported 79 3 within 150 days of the incident to a law enforcement agency or 79 4 public or private health agency which may include a family 79 5 physician. 79 6 e. Any spontaneous abortion, commonly known as a 79 7 miscarriage, if not all of the products of conception are 79 8 expelled. 79 9 2. Notwithstanding section 8.39, the department may 79 10 transfer funds appropriated in this section to a separate 79 11 account established in the department's case management unit 79 12 for expenditures required to provide case management services 79 13 for mental health, mental retardation, and developmental 79 14 disabilities services under medical assistance which are 79 15 jointly funded by the state and county, pending final 79 16 settlement of the expenditures. Funds received by the case 79 17 management unit in settlement of the expenditures shall be 79 18 used to replace the transferred funds and are available for 79 19 the purposes for which the funds were appropriated in this 79 20 section. 79 21 3. a. The county of legal settlement shall be billed for 79 22 50 percent of the nonfederal share of the cost of case 79 23 management provided for adults, day treatment, and partial 79 24 hospitalization in accordance with sections 249A.26 and 79 25 249A.27, and 100 percent of the nonfederal share of the cost 79 26 of care for adults which is reimbursed under a federally 79 27 approved home and community-based waiver that would otherwise 79 28 be approved for provision in an intermediate care facility for 79 29 persons with mental retardation, provided under the medical 79 30 assistance program. The state shall have responsibility for 79 31 the remaining 50 percent of the nonfederal share of the cost 79 32 of case management provided for adults, day treatment, and 79 33 partial hospitalization. For persons without a county of 79 34 legal settlement, the state shall have responsibility for 100 79 35 percent of the nonfederal share of the costs of case 80 1 management provided for adults, day treatment, partial 80 2 hospitalization, and the home and community-based waiver 80 3 services. The case management services specified in this 80 4 subsection shall be billed to a county only if the services 80 5 are provided outside of a managed care contract. 80 6 b. The state shall pay the entire nonfederal share of the 80 7 costs for case management services provided to persons 17 80 8 years of age and younger who are served in a medical 80 9 assistance home and community-based waiver program for persons 80 10 with mental retardation. 80 11 c. Medical assistance funding for case management services 80 12 for eligible persons 17 years of age and younger shall also be 80 13 provided to persons residing in counties with child welfare 80 14 decategorization projects implemented in accordance with 80 15 section 232.188, provided these projects have included these 80 16 persons in their service plan and the decategorization project 80 17 county is willing to provide the nonfederal share of costs. 80 18 d. When paying the necessary and legal expenses of 80 19 intermediate care facilities for persons with mental 80 20 retardation (ICFMR), the cost payment requirements of section 80 21 222.60 shall be considered fulfilled when payment is made in 80 22 accordance with the medical assistance payment rates 80 23 established for ICFMRs by the department and the state or a 80 24 county of legal settlement is not obligated for any amount in 80 25 excess of the rates. 80 26 e. Unless a county has paid or is paying for the 80 27 nonfederal share of the cost of a person's home and community- 80 28 based waiver services or ICFMR placement under the county's 80 29 mental health, mental retardation, and developmental 80 30 disabilities services fund, or unless a county of legal 80 31 settlement would become liable for the costs of services at 80 32 the ICFMR level of care for a person due to the person 80 33 reaching the age of majority, the state shall pay the 80 34 nonfederal share of the costs of an eligible person's services 80 35 under the home and community-based waiver for persons with 81 1 brain injury. 81 2 4. The department shall utilize not more than $60,000 of 81 3 the funds appropriated in this section to continue the 81 4 AIDS/HIV health insurance premium payment program as 81 5 established in 1992 Iowa Acts, Second Extraordinary Session, 81 6 chapter 1001, section 409, subsection 6. Of the funds 81 7 allocated in this subsection, not more than $5,000 may be 81 8 expended for administrative purposes. 81 9 5. Of the funds appropriated to the Iowa department of 81 10 public health for substance abuse grants, $950,000 for the 81 11 fiscal year beginning July 1, 2002, shall be transferred to 81 12 the department of human services for an integrated substance 81 13 abuse managed care system. 81 14 6. In administering the medical assistance home and 81 15 community-based waivers, the total number of openings for 81 16 persons with physical disabilities served at any one time 81 17 shall be limited to the number approved for a waiver by the 81 18 secretary of the United States department of health and human 81 19 services. The openings shall be available on a first-come, 81 20 first-served basis. 81 21 7. The department of human services, in consultation with 81 22 the Iowa department of public health and the department of 81 23 education, shall continue the program to utilize the early and 81 24 periodic screening, diagnosis, and treatment (EPSDT) funding 81 25 under medical assistance, to the extent possible, to implement 81 26 the screening component of the EPSDT program through the 81 27 school system. The department may enter into contracts to 81 28 utilize maternal and child health centers, the public health 81 29 nursing program, or school nurses in implementing this 81 30 provision. 81 31 8. The department shall continue the medical assistance 81 32 home and community-based services waiver to allow children 81 33 with mental retardation, who would otherwise require ICF/MR 81 34 care, to be served in out-of-home settings of up to eight beds 81 35 which meet standards established by the department. Up to 82 1 $1,487,314 of the funds appropriated in this section may be 82 2 used for the costs of the waiver. 82 3 9. The department shall continue working with county 82 4 representatives in aggressively implementing the 82 5 rehabilitation option for services to persons with chronic 82 6 mental illness under the medical assistance program, and 82 7 county funding shall be used to provide the match for the 82 8 federal funding, except for individuals with state case 82 9 status, for whom state funding shall provide the match. 82 10 10. If the federal centers for Medicare and Medicaid 82 11 services approves a waiver request from the department, the 82 12 department shall provide a period of 24 months of guaranteed 82 13 eligibility for medical assistance family planning services, 82 14 regardless of the change in circumstances of a woman who was a 82 15 medical assistance recipient when a pregnancy ended. 82 16 11. The department shall aggressively pursue options for 82 17 providing medical assistance or other assistance to 82 18 individuals with special needs who become ineligible to 82 19 continue receiving services under the early and periodic, 82 20 screening, diagnosis, and treatment program under the medical 82 21 assistance program due to becoming 21 years of age, who have 82 22 been approved for additional assistance through the 82 23 department's exception to policy provisions, but who have 82 24 health care needs in excess of the funding available through 82 25 the exception to policy process. 82 26 12. Of the funds appropriated in this section, $150,000 82 27 shall be used as state matching funds, in combination with 82 28 federal and private funds for participation in a federal home 82 29 telecare pilot program intended to manage health care needs of 82 30 subpopulations of Iowans and specifically including 82 31 subpopulations of Iowans who require high utilization of 82 32 health care services and represent a disproportionate share of 82 33 consumption of health care services. The program shall be 82 34 administered by the Iowa telecare consortium, which is a 82 35 collaboration of public, private, academic, and governmental 83 1 participants coordinated by Des Moines university – 83 2 osteopathic medical center. The program may direct telecare 83 3 services to persons with diagnoses of specific nonacute 83 4 chronic illnesses, which may include, but are not limited to, 83 5 chronic obstructive pulmonary disease, congestive heart 83 6 disease, diabetes, and asthma. Des Moines university – 83 7 osteopathic medical center shall submit a report to the 83 8 general assembly by January 15, 2003, regarding the status of 83 9 the pilot program. The program guidelines shall be consistent 83 10 with those specified under 2001 Iowa Acts, chapter 191, 83 11 section 7, subsection 15. 83 12 13. The drug utilization review board shall submit copies 83 13 of the board's annual review, including facts and findings, of 83 14 the drugs on the department's prior authorization list to the 83 15 department and to the members of the joint appropriations 83 16 subcommittee on human services. 83 17 14. The department shall expend the anticipated savings 83 18 for operation of the state maximum allowable cost program for 83 19 pharmaceuticals as additional funding for the medical 83 20 assistance program. 83 21 Sec. 116. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 83 22 is appropriated from the general fund of the state to the 83 23 department of human services for the fiscal year beginning 83 24 July 1, 2002, and ending June 30, 2003, the following amount, 83 25 or so much thereof as is necessary, to be used for the purpose 83 26 designated: 83 27 For administration of the health insurance premium payment 83 28 program, including salaries, support, maintenance, and 83 29 miscellaneous purposes, and for not more than the following 83 30 full-time equivalent positions: 83 31 .................................................. $ 580,044 83 32 ............................................... FTEs 22.00 83 33 Sec. 117. MEDICAL CONTRACTS. There is appropriated from 83 34 the general fund of the state to the department of human 83 35 services for the fiscal year beginning July 1, 2002, and 84 1 ending June 30, 2003, the following amount, or so much thereof 84 2 as is necessary, to be used for the purpose designated: 84 3 For medical contracts: 84 4 .................................................. $ 8,729,141 84 5 1. The department shall receive input and recommendations 84 6 from the chairpersons and ranking members of the joint 84 7 appropriations subcommittee on human services prior to 84 8 entering into or extending any managed care contract for 84 9 mental health or substance abuse services. 84 10 2. In any managed care contract for mental health or 84 11 substance abuse services entered into or extended by the 84 12 department on or after July 1, 2002, the request for proposals 84 13 shall provide for coverage of dual diagnosis mental health and 84 14 substance abuse treatment provided at the state mental health 84 15 institute at Mount Pleasant. To the extent possible, the 84 16 department shall also amend any such contract existing on July 84 17 1, 2002, to provide for such coverage. 84 18 Sec. 118. STATE SUPPLEMENTARY ASSISTANCE. There is 84 19 appropriated from the general fund of the state to the 84 20 department of human services for the fiscal year beginning 84 21 July 1, 2002, and ending June 30, 2003, the following amount, 84 22 or so much thereof as is necessary, to be used for the 84 23 purposes designated: 84 24 For state supplementary assistance and the medical 84 25 assistance home and community-based services waiver rent 84 26 subsidy program: 84 27 .................................................. $ 19,500,000 84 28 1. The department shall increase the personal needs 84 29 allowance for residents of residential care facilities by the 84 30 same percentage and at the same time as federal supplemental 84 31 security income and federal social security benefits are 84 32 increased due to a recognized increase in the cost of living. 84 33 The department may adopt emergency rules to implement this 84 34 subsection. 84 35 2. If during the fiscal year beginning July 1, 2002, the 85 1 department projects that state supplementary assistance 85 2 expenditures for a calendar year will not meet the federal 85 3 pass-along requirement specified in Title XVI of the federal 85 4 Social Security Act, section 1618, as codified in 42 U.S.C. } 85 5 1382g, the department may take actions including but not 85 6 limited to increasing the personal needs allowance for 85 7 residential care facility residents and making programmatic 85 8 adjustments or upward adjustments of the residential care 85 9 facility or in-home health-related care reimbursement rates 85 10 prescribed in this division of this Act to ensure that federal 85 11 requirements are met. The department may adopt emergency 85 12 rules to implement the provisions of this subsection. 85 13 3. The department may use up to $25,000 of the funds 85 14 appropriated in this section for a rent subsidy program for 85 15 adult persons. The requirements under 2001 Iowa Acts, chapter 85 16 191, section 11, subsection 3, shall apply to the program and 85 17 the participants in the program. 85 18 Sec. 119. CHILD CARE ASSISTANCE. There is appropriated 85 19 from the general fund of the state to the department of human 85 20 services for the fiscal year beginning July 1, 2002, and 85 21 ending June 30, 2003, the following amount, or so much thereof 85 22 as is necessary, to be used for the purpose designated: 85 23 For child care programs: 85 24 ................................................. $ 4,939,635 85 25 1. a. Of the funds appropriated in this section, 85 26 $4,414,111 shall be used for state child care assistance in 85 27 accordance with section 237A.13. 85 28 b. During the 2002-2003 fiscal year, the moneys deposited 85 29 in the child care credit fund created in section 237A.28 are 85 30 appropriated to the department to be used for state child care 85 31 assistance in accordance with section 237A.13, in addition to 85 32 the moneys allocated for that purpose in paragraph "a". 85 33 2. Nothing in this section shall be construed or is 85 34 intended as, or shall imply, a grant of entitlement for 85 35 services to persons who are eligible for assistance due to an 86 1 income level consistent with the waiting list requirements of 86 2 section 237A.13. Any state obligation to provide services 86 3 pursuant to this section is limited to the extent of the funds 86 4 appropriated in this section. 86 5 3. Of the funds appropriated in this section, $525,524 is 86 6 allocated for the statewide program for child care resource 86 7 and referral services under section 237A.26. 86 8 4. The department may use any of the funds appropriated in 86 9 this section as a match to obtain federal funds for use in 86 10 expanding child care assistance and related programs. For the 86 11 purpose of expenditures of state and federal child care 86 12 funding, funds shall be considered obligated at the time 86 13 expenditures are projected or are allocated to the 86 14 department's regions. Projections shall be based on current 86 15 and projected caseload growth, current and projected provider 86 16 rates, staffing requirements for eligibility determination and 86 17 management of program requirements including data systems 86 18 management, staffing requirements for administration of the 86 19 program, contractual and grant obligations and any transfers 86 20 to other state agencies, and obligations for decategorization 86 21 or innovation projects. 86 22 5. If the federal government appropriates additional 86 23 funding under the federal child care and development block 86 24 grant than was anticipated would be received for the state 86 25 fiscal year beginning July 1, 2002, in addition to the 86 26 notification requirements for expenditure requirements for 86 27 additional federal funds under 2002 Iowa Acts, House File 86 28 2582, the department shall consult with the chairpersons and 86 29 ranking members of the joint appropriations subcommittee on 86 30 human services at least thirty days in advance of committing 86 31 to expenditure of the additional funding. 86 32 Sec. 120. JUVENILE INSTITUTIONS. There is appropriated 86 33 from the general fund of the state to the department of human 86 34 services for the fiscal year beginning July 1, 2002, and 86 35 ending June 30, 2003, the following amounts, or so much 87 1 thereof as is necessary, to be used for the purposes 87 2 designated: 87 3 1. For operation of the Iowa juvenile home at Toledo and 87 4 for salaries, support, maintenance, and for not more than the 87 5 following full-time equivalent positions: 87 6 .................................................. $ 6,273,663 87 7 ............................................... FTEs 134.54 87 8 It is the intent of the general assembly that beginning in 87 9 the fiscal year commencing on July 1, 2003, the Iowa juvenile 87 10 home at Toledo will serve only females. 87 11 2. For operation of the state training school at Eldora 87 12 and for salaries, support, maintenance, and for not more than 87 13 the following full-time equivalent positions: 87 14 .................................................. $ 10,434,719 87 15 ............................................... FTEs 218.53 87 16 3. During the fiscal year beginning July 1, 2002, the 87 17 population levels at the state juvenile institutions shall not 87 18 exceed the population guidelines established under 1990 Iowa 87 19 Acts, chapter 1239, section 21, as adjusted for additional 87 20 beds developed at the institutions. 87 21 4. A portion of the moneys appropriated in this section 87 22 shall be used by the state training school and by the Iowa 87 23 juvenile home for grants for adolescent pregnancy prevention 87 24 activities at the institutions in the fiscal year beginning 87 25 July 1, 2002. 87 26 5. Within the amounts appropriated in this section, the 87 27 department may transfer funds as necessary to best fulfill the 87 28 needs of the institutions provided for in the appropriation. 87 29 Sec. 121. CHILD AND FAMILY SERVICES. There is 87 30 appropriated from the general fund of the state to the 87 31 department of human services for the fiscal year beginning 87 32 July 1, 2002, and ending June 30, 2003, the following amount, 87 33 or so much thereof as is necessary, to be used for the purpose 87 34 designated: 87 35 For child and family services: 88 1 .................................................. $ 98,144,163 88 2 1. The department may transfer funds appropriated in this 88 3 section as necessary to pay the nonfederal costs of services 88 4 reimbursed under medical assistance or the family investment 88 5 program which are provided to children who would otherwise 88 6 receive services paid under the appropriation in this section. 88 7 The department may transfer funds appropriated in this section 88 8 to the appropriations in this division of this Act for general 88 9 administration and for field operations for resources 88 10 necessary to implement and operate the services funded in this 88 11 section. 88 12 2. a. Of the funds appropriated in this section, up to 88 13 $28,665,950 is allocated as the statewide expenditure target 88 14 under section 232.143 for group foster care maintenance and 88 15 services. 88 16 b. If at any time after September 30, 2002, annualization 88 17 of a service area's current expenditures indicates a service 88 18 area is at risk of exceeding its group foster care expenditure 88 19 target under section 232.143 by more than five percent, the 88 20 department and juvenile court services shall examine all group 88 21 foster care placements in that service area in order to 88 22 identify those which might be appropriate for termination. In 88 23 addition, any aftercare services believed to be needed for the 88 24 children whose placements may be terminated shall be 88 25 identified. The department and juvenile court services shall 88 26 initiate action to set dispositional review hearings for the 88 27 placements identified. In such a dispositional review 88 28 hearing, the juvenile court shall determine whether needed 88 29 aftercare services are available and whether termination of 88 30 the placement is in the best interest of the child and the 88 31 community. 88 32 c. (1) Of the funds appropriated in this section, not 88 33 more than $6,585,993 is allocated as the state match funding 88 34 for psychiatric medical institutions for children. 88 35 (2) The department may transfer all or a portion of the 89 1 amount allocated in this lettered paragraph for psychiatric 89 2 medical institutions for children (PMICs) to the appropriation 89 3 in this division of this Act for medical assistance. 89 4 d. Of the funds allocated in this subsection, $1,370,127 89 5 is allocated as the state match funding for 50 highly 89 6 structured juvenile program beds. If the number of beds 89 7 provided for in this lettered paragraph is not utilized, the 89 8 remaining funds allocated may be used for group foster care. 89 9 e. For the fiscal year beginning July 1, 2002, the 89 10 requirements of section 232.143 applicable to the juvenile 89 11 court and to representatives of the juvenile court shall be 89 12 applicable instead to juvenile court services and to 89 13 representatives of juvenile court services. The 89 14 representatives appointed by the department of human services 89 15 and by juvenile court services to establish the plan to 89 16 contain expenditures for children placed in group foster care 89 17 ordered by the court within the budget target allocated to the 89 18 service area shall establish the plan in a manner so as to 89 19 ensure the moneys allocated to the service area under section 89 20 232.143 shall last the entire fiscal year. Funds for a child 89 21 placed in group foster care shall be considered encumbered for 89 22 the duration of the child's projected or actual length of 89 23 stay, whichever is applicable. 89 24 3. The department shall continue the goal that not more 89 25 than 15 percent of the children placed in foster care funded 89 26 under the federal Social Security Act, Title IV-E, may be 89 27 placed in foster care for a period of more than 24 months. 89 28 4. In accordance with the provisions of section 232.188, 89 29 the department shall continue the program to decategorize 89 30 child welfare services funding in additional counties or 89 31 clusters of counties. 89 32 5. A portion of the funding appropriated in this section 89 33 may be used for emergency family assistance to provide other 89 34 resources required for a family participating in a family 89 35 preservation or reunification project to stay together or to 90 1 be reunified. 90 2 6. Notwithstanding section 234.35, subsection 1, for the 90 3 fiscal year beginning July 1, 2002, state funding for shelter 90 4 care paid pursuant to section 234.35, subsection 1, paragraph 90 5 "h", shall be limited to $7,120,382. 90 6 7. The department shall continue to make adoption 90 7 presubsidy and adoption subsidy payments to adoptive parents 90 8 at the beginning of the month for the current month. 90 9 8. Federal funds received by the state during the fiscal 90 10 year beginning July 1, 2002, as the result of the expenditure 90 11 of state funds appropriated during a previous state fiscal 90 12 year for a service or activity funded under this section, 90 13 shall be used as additional funding for services provided 90 14 under this section. 90 15 9. The department and juvenile court services shall 90 16 continue to develop criteria for the department service area 90 17 administrator and chief juvenile court officer to grant 90 18 exceptions to extend eligibility, within the funds allocated, 90 19 for intensive tracking and supervision and for supervised 90 20 community treatment to delinquent youth beyond age 18 who are 90 21 subject to release from the state training school, a highly 90 22 structured juvenile program, or group foster care. 90 23 10. Of the moneys appropriated in this section, not more 90 24 than $415,135 is allocated to provide clinical assessment 90 25 services as necessary to continue funding of children's 90 26 rehabilitation services under medical assistance in accordance 90 27 with federal law and requirements. The funding allocated is 90 28 the amount projected to be necessary for providing the 90 29 clinical assessment services. 90 30 11. Of the funding appropriated in this section, 90 31 $3,696,285 shall be used for protective child care assistance. 90 32 12. Of the moneys appropriated in this section, up to 90 33 $2,924,183 is allocated for the payment of the expenses of 90 34 court-ordered services provided to juveniles which are a 90 35 charge upon the state pursuant to section 232.141, subsection 91 1 4. 91 2 a. Notwithstanding section 232.141 or any other provision 91 3 of law, the amount allocated in this subsection shall be 91 4 distributed to the judicial districts as determined by the 91 5 state court administrator. The state court administrator 91 6 shall make the determination of the distribution amounts on or 91 7 before June 15, 2002. 91 8 b. Notwithstanding chapter 232 or any other provision of 91 9 law, a district or juvenile court shall not order any service 91 10 which is a charge upon the state pursuant to section 232.141 91 11 if there are insufficient court-ordered services funds 91 12 available in the district court distribution amount to pay for 91 13 the service. The chief juvenile court officer shall encourage 91 14 use of the funds allocated in this subsection such that there 91 15 are sufficient funds to pay for all court-related services 91 16 during the entire year. The chief juvenile court officers 91 17 shall attempt to anticipate potential surpluses and shortfalls 91 18 in the distribution amounts and shall cooperatively request 91 19 the state court administrator to transfer funds between the 91 20 districts' distribution amounts as prudent. 91 21 c. Notwithstanding any provision of law to the contrary, a 91 22 district or juvenile court shall not order a county to pay for 91 23 any service provided to a juvenile pursuant to an order 91 24 entered under chapter 232 which is a charge upon the state 91 25 under section 232.141, subsection 4. 91 26 d. Of the funding allocated in this subsection, not more 91 27 than $100,000 may be used by the judicial branch for 91 28 administration of the requirements under this subsection and 91 29 for travel associated with court-ordered placements which are 91 30 a charge upon the state pursuant to section 232.141, 91 31 subsection 4. 91 32 13. a. Of the funding appropriated in this section, 91 33 $2,927,602 is allocated to provide school-based supervision of 91 34 children adjudicated under chapter 232, including not more 91 35 than $1,463,801 from the allocation in this section for court- 92 1 ordered services. Not more than $15,000 of the funding 92 2 allocated in this subsection may be used for the purpose of 92 3 training. 92 4 b. A portion of the cost of each school-based liaison 92 5 officer shall be paid by the school district or other funding 92 6 source as approved by the chief juvenile court officer. 92 7 14. The department shall maximize the capacity to draw 92 8 federal funding under Title IV-E of the federal Social 92 9 Security Act. 92 10 15. Any unanticipated federal funding that is received 92 11 during the fiscal year due to improvements in the hours 92 12 counted by the judicial branch under the claiming process for 92 13 federal Title IV-E funding are appropriated to the department 92 14 to be used for additional or expanded services and support for 92 15 court-ordered services pursuant to section 232.141. 92 16 Notwithstanding section 8.33, moneys appropriated in this 92 17 subsection that remain unencumbered or unobligated at the 92 18 close of the fiscal year shall not revert but shall remain 92 19 available for expenditure for the purposes designated until 92 20 the close of the succeeding fiscal year. 92 21 16. Notwithstanding section 234.39, subsection 5, and 2000 92 22 Iowa Acts, chapter 1228, section 43, the department may 92 23 operate a subsidized guardianship program if the United States 92 24 department of health and human services approves a waiver 92 25 under Title IV-E of the federal Social Security Act and the 92 26 subsidized guardianship program can be operated without loss 92 27 of Title IV-E funds. 92 28 17. It is the intent of the general assembly that the 92 29 department continue its practice of providing strong support 92 30 for Iowa's nationally recognized initiative of 92 31 decategorization of child welfare funding. 92 32 18. It is the intent of the general assembly that 92 33 administration of the foster care and adoption programs be 92 34 privatized. 92 35 Sec. 122. JUVENILE DETENTION HOME FUND. Moneys deposited 93 1 in the juvenile detention home fund created in section 232.142 93 2 during the fiscal year beginning July 1, 2002, and ending June 93 3 30, 2003, are appropriated to the department of human services 93 4 for the fiscal year beginning July 1, 2002, and ending June 93 5 30, 2003, for distribution as follows: 93 6 1. An amount equal to ten percent of the costs of the 93 7 establishment, improvement, operation, and maintenance of 93 8 county or multicounty juvenile detention homes in the fiscal 93 9 year beginning July 1, 2001. Moneys appropriated for 93 10 distribution in accordance with this paragraph shall be 93 11 allocated among eligible detention homes, prorated on the 93 12 basis of an eligible detention home's proportion of the costs 93 13 of all eligible detention homes in the fiscal year beginning 93 14 July 1, 2001. Notwithstanding section 232.142, subsection 3, 93 15 the financial aid payable by the state under that provision 93 16 for the fiscal year beginning July 1, 2002, shall be limited 93 17 to the amount appropriated for the purposes of this 93 18 subsection. 93 19 2. For renewal of a grant to a county with a population 93 20 between 168,000 and 175,000 for implementation of the county's 93 21 runaway treatment plan under section 232.195: 93 22 .................................................. $ 80,000 93 23 3. For grants to counties implementing a runaway treatment 93 24 plan under section 232.195. 93 25 4. The remainder for additional allocations to county or 93 26 multicounty juvenile detention homes, in accordance with the 93 27 distribution requirements of subsection 1. 93 28 Sec. 123. FAMILY SUPPORT SUBSIDY PROGRAM. There is 93 29 appropriated from the general fund of the state to the 93 30 department of human services for the fiscal year beginning 93 31 July 1, 2002, and ending June 30, 2003, the following amount, 93 32 or so much thereof as is necessary, to be used for the purpose 93 33 designated: 93 34 For the family support subsidy program: 93 35 .................................................. $ 1,936,434 94 1 1. The department may use up to $333,312 of the moneys 94 2 appropriated in this section to continue the children-at-home 94 3 program in current counties, of which not more than $20,000 94 4 shall be used for administrative costs. 94 5 2. Notwithstanding section 225C.38, subsection 1, the 94 6 monthly family support payment amount for the fiscal year 94 7 beginning July 1, 2002, shall remain the same as the payment 94 8 amount in effect on June 30, 2002. 94 9 Sec. 124. CONNER DECREE. There is appropriated from the 94 10 general fund of the state to the department of human services 94 11 for the fiscal year beginning July 1, 2002, and ending June 94 12 30, 2003, the following amount, or so much thereof as is 94 13 necessary, to be used for the purpose designated: 94 14 For building community capacity through the coordination 94 15 and provision of training opportunities in accordance with the 94 16 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 94 17 Iowa, July 14, 1994): 94 18 .................................................. $ 42,623 94 19 Sec. 125. MENTAL HEALTH INSTITUTES. There is appropriated 94 20 from the general fund of the state to the department of human 94 21 services for the fiscal year beginning July 1, 2002, and 94 22 ending June 30, 2003, the following amounts, or so much 94 23 thereof as is necessary, to be used for the purposes 94 24 designated: 94 25 1. For the state mental health institute at Cherokee for 94 26 salaries, support, maintenance, and miscellaneous purposes and 94 27 for not more than the following full-time equivalent 94 28 positions: 94 29 .................................................. $ 12,747,990 94 30 ............................................... FTEs 227.65 94 31 2. For the state mental health institute at Clarinda for 94 32 salaries, support, maintenance, and miscellaneous purposes and 94 33 for not more than the following full-time equivalent 94 34 positions: 94 35 .................................................. $ 7,244,131 95 1 ............................................... FTEs 126.15 95 2 3. For the state mental health institute at Independence 95 3 for salaries, support, maintenance, and miscellaneous purposes 95 4 and for not more than the following full-time equivalent 95 5 positions: 95 6 .................................................. $ 16,552,128 95 7 ............................................... FTEs 333.80 95 8 The state mental health institute at Independence shall 95 9 continue the 30 psychiatric medical institution for children 95 10 (PMIC) beds authorized in section 135H.6, in a manner which 95 11 results in no net state expenditure amount in excess of the 95 12 amount appropriated in this subsection. Counties are not 95 13 responsible for the costs of PMIC services described in this 95 14 subsection. Subject to the approval of the department, with 95 15 the exception of revenues required under section 249A.11 to be 95 16 credited to the appropriation in this division of this Act for 95 17 medical assistance, revenues attributable to the PMIC beds 95 18 described in this subsection for the fiscal year beginning 95 19 July 1, 2002, and ending June 30, 2003, shall be deposited in 95 20 the institute's account, including but not limited to any of 95 21 the following revenues: 95 22 a. The federal share of medical assistance revenue 95 23 received under chapter 249A. 95 24 b. Moneys received through client participation. 95 25 c. Any other revenues directly attributable to the PMIC 95 26 beds. 95 27 4. For the state mental health institute at Mount Pleasant 95 28 for salaries, support, maintenance, and miscellaneous purposes 95 29 and for not more than the following full-time equivalent 95 30 positions: 95 31 .................................................. $ 5,343,829 95 32 ............................................... FTEs 100.07 95 33 a. Funding is provided in this subsection for the state 95 34 mental health institute at Mount Pleasant to continue the dual 95 35 diagnosis mental health and substance abuse program on a net 96 1 budgeting basis in which 50 percent of the actual per diem and 96 2 ancillary services costs are chargeable to the patient's 96 3 county of legal settlement or as a state case, as appropriate. 96 4 Subject to the approval of the department, revenues 96 5 attributable to the dual diagnosis program for the fiscal year 96 6 beginning July 1, 2002, and ending June 30, 2003, shall be 96 7 deposited in the institute's account, including but not 96 8 limited to all of the following revenues: 96 9 (1) Moneys received by the state from billings to counties 96 10 under section 230.20. 96 11 (2) Moneys received from billings to the Medicare program. 96 12 (3) Moneys received from a managed care contractor 96 13 providing services under contract with the department or any 96 14 private third-party payor. 96 15 (4) Moneys received through client participation. 96 16 (5) Any other revenues directly attributable to the dual 96 17 diagnosis program. 96 18 b. The following additional provisions are applicable in 96 19 regard to the dual diagnosis program: 96 20 (1) A county may split the charges between the county's 96 21 mental health, mental retardation, and developmental 96 22 disabilities services fund and the county's budget for 96 23 substance abuse expenditures. 96 24 (2) If an individual is committed to the custody of the 96 25 department of corrections at the time the individual is 96 26 referred for dual diagnosis treatment, the department of 96 27 corrections shall be charged for the costs of treatment. 96 28 (3) Prior to an individual's admission for dual diagnosis 96 29 treatment, the individual shall have been screened through a 96 30 county's single entry point process to determine the 96 31 appropriateness of the treatment. 96 32 (4) A county shall not be chargeable for the costs of 96 33 treatment for an individual enrolled in and authorized by or 96 34 decertified by a managed behavioral care plan under the 96 35 medical assistance program. 97 1 (5) Notwithstanding section 8.33, state mental health 97 2 institute revenues related to the dual diagnosis program that 97 3 remain unencumbered or unobligated at the close of the fiscal 97 4 year shall not revert but shall remain available up to the 97 5 amount which would allow the state mental health institute to 97 6 meet credit obligations owed to counties as a result of year- 97 7 end per diem adjustments for the dual diagnosis program. 97 8 5. Within the funds appropriated in this section, the 97 9 department may transfer funds as necessary to best fulfill the 97 10 needs of the institutes provided for in the appropriation. 97 11 6. As part of the discharge planning process at the state 97 12 mental health institutes, the department shall provide 97 13 assistance in obtaining eligibility for federal supplemental 97 14 security income (SSI) to those individuals whose care at a 97 15 state mental health institute is the financial responsibility 97 16 of the state or a county. 97 17 Sec. 126. STATE RESOURCE CENTERS. There is appropriated 97 18 from the general fund of the state to the department of human 97 19 services for the fiscal year beginning July 1, 2002, and 97 20 ending June 30, 2003, the following amounts, or so much 97 21 thereof as is necessary, to be used for the purposes 97 22 designated: 97 23 1. For the state resource center at Glenwood for salaries, 97 24 support, maintenance, and miscellaneous purposes: 97 25 .................................................. $ 2,170,150 97 26 2. For the state resource center at Woodward for salaries, 97 27 support, maintenance, and miscellaneous purposes: 97 28 .................................................. $ 1,463,073 97 29 3. a. The department shall continue operating the state 97 30 resource centers at Glenwood and Woodward with a net general 97 31 fund appropriation. The amounts allocated in this section are 97 32 the net amounts of state moneys projected to be needed for the 97 33 state resource centers. The purposes of operating with a net 97 34 general fund appropriation are to encourage the state resource 97 35 centers to operate with increased self-sufficiency, to improve 98 1 quality and efficiency, and to support collaborative efforts 98 2 between the state resource centers and counties and other 98 3 funders of services available from the state resource centers. 98 4 The state resource centers shall not be operated under the net 98 5 appropriation in a manner which results in a cost increase to 98 6 the state or cost shifting between the state, the medical 98 7 assistance program, counties, or other sources of funding for 98 8 the state resource centers. Moneys appropriated in this 98 9 section may be used throughout the fiscal year in the manner 98 10 necessary for purposes of cash flow management, and for 98 11 purposes of cash flow management the state resource centers 98 12 may temporarily draw more than the amounts appropriated, 98 13 provided the amounts appropriated are not exceeded at the 98 14 close of the fiscal year. 98 15 b. Subject to the approval of the department, except for 98 16 revenues under section 249A.11, revenues attributable to the 98 17 state resource centers for the fiscal year beginning July 1, 98 18 2002, shall be deposited into each state resource center's 98 19 account, including but not limited to all of the following: 98 20 (1) Moneys received by the state from billings to counties 98 21 under section 222.73. 98 22 (2) The federal share of medical assistance revenue 98 23 received under chapter 249A. 98 24 (3) Federal Medicare program payments. 98 25 (4) Moneys received from client financial participation. 98 26 (5) Other revenues generated from current, new, or 98 27 expanded services which the state resource center is 98 28 authorized to provide. 98 29 c. For the purposes of allocating the salary adjustment 98 30 fund moneys appropriated in another Act, the state resource 98 31 centers shall be considered to be funded entirely with state 98 32 moneys. 98 33 d. Notwithstanding section 8.33, up to $500,000 of a state 98 34 resource center's revenues that remain unencumbered or 98 35 unobligated at the close of the fiscal year shall not revert 99 1 but shall remain available to be used in the succeeding fiscal 99 2 year. 99 3 4. Within the funds appropriated in this section, the 99 4 department may transfer funds as necessary to best fulfill the 99 5 needs of the institutions provided for in the appropriation. 99 6 5. The department may continue to bill for state resource 99 7 center services utilizing a scope of services approach used 99 8 for private providers of ICFMR services, in a manner which 99 9 does not shift costs between the medical assistance program, 99 10 counties, or other sources of funding for the state resource 99 11 centers. 99 12 6. The state resource centers may expand the time limited 99 13 assessment and respite services during the fiscal year. 99 14 7. If the department's administration and the department 99 15 of management concur with a finding by a state resource 99 16 center's superintendent that projected revenues can reasonably 99 17 be expected to pay the salary and support costs for a new 99 18 employee position, or that such costs for adding a particular 99 19 number of new positions for the fiscal year would be less than 99 20 the overtime costs if new positions would not be added, the 99 21 superintendent may add the new position or positions. If the 99 22 vacant positions available to a resource center do not include 99 23 the position classification desired to be filled, the state 99 24 resource center's superintendent may reclassify any vacant 99 25 position as necessary to fill the desired position. The 99 26 superintendents of the state resource centers may, by mutual 99 27 agreement, pool vacant positions and position classifications 99 28 during the course of the fiscal year in order to assist one 99 29 another in filling necessary positions. 99 30 8. If existing capacity limitations are reached in 99 31 operating units, a waiting list is in effect for a service or 99 32 a special need for which a payment source or other funding is 99 33 available for the service or to address the special need, and 99 34 facilities for the service or to address the special need can 99 35 be provided within the available payment source or other 100 1 funding, the superintendent of a state resource center may 100 2 authorize opening not more than two units or other facilities 100 3 and to begin implementing the service or addressing the 100 4 special need during fiscal year 2002-2003. 100 5 Sec. 127. SPECIAL NEEDS GRANTS. There is appropriated 100 6 from the general fund of the state to the department of human 100 7 services for the fiscal year beginning July 1, 2002, and 100 8 ending June 30, 2003, the following amount, or so much thereof 100 9 as is necessary, to be used for the purpose designated: 100 10 To provide special needs grants to families with a family 100 11 member at home who has a developmental disability or to a 100 12 person with a developmental disability: 100 13 .................................................. $ 47,827 100 14 Grants must be used by a family to defray special costs of 100 15 caring for the family member to prevent out-of-home placement 100 16 of the family member or to provide for independent living 100 17 costs. The grants may be administered by a private nonprofit 100 18 agency which serves people statewide provided that no 100 19 administrative costs are received by the agency. 100 20 Sec. 128. MI/MR/DD STATE CASES. There is appropriated 100 21 from the general fund of the state to the department of human 100 22 services for the fiscal year beginning July 1, 2002, and 100 23 ending June 30, 2003, the following amount, or so much thereof 100 24 as is necessary, to be used for the purpose designated: 100 25 For purchase of local services for persons with mental 100 26 illness, mental retardation, and developmental disabilities 100 27 where the client has no established county of legal 100 28 settlement: 100 29 .................................................. $ 11,414,619 100 30 The general assembly encourages the department to continue 100 31 discussions with the Iowa state association of counties and 100 32 administrators of county central point of coordination offices 100 33 regarding proposals for moving state cases to county budgets. 100 34 Sec. 129. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 100 35 COMMUNITY SERVICES FUND. There is appropriated from the 101 1 general fund of the state to the mental health and 101 2 developmental disabilities community services fund created in 101 3 section 225C.7 for the fiscal year beginning July 1, 2002, and 101 4 ending June 30, 2003, the following amount, or so much thereof 101 5 as is necessary, to be used for the purpose designated: 101 6 For mental health and developmental disabilities community 101 7 services in accordance with this division of this Act: 101 8 ................................................. $ 17,757,890 101 9 1. Of the funds appropriated in this section, $17,727,890 101 10 shall be allocated to counties for funding of community-based 101 11 mental health and developmental disabilities services. The 101 12 moneys shall be allocated to a county as follows: 101 13 a. Fifty percent based upon the county's proportion of the 101 14 state's population of persons with an annual income which is 101 15 equal to or less than the poverty guideline established by the 101 16 federal office of management and budget. 101 17 b. Fifty percent based upon the county's proportion of the 101 18 state's general population. 101 19 2. a. A county shall utilize the funding the county 101 20 receives pursuant to subsection 1 for services provided to 101 21 persons with a disability, as defined in section 225C.2. 101 22 However, no more than 50 percent of the funding shall be used 101 23 for services provided to any one of the service populations. 101 24 b. A county shall use at least 50 percent of the funding 101 25 the county receives under subsection 1 for contemporary 101 26 services provided to persons with a disability, as described 101 27 in rules adopted by the department. 101 28 3. Of the funds appropriated in this section, $30,000 101 29 shall be used to support the Iowa compass program providing 101 30 computerized information and referral services for Iowans with 101 31 disabilities and their families. 101 32 4. a. Funding appropriated for purposes of the federal 101 33 social services block grant is allocated for distribution to 101 34 counties for local purchase of services for persons with 101 35 mental illness or mental retardation or other developmental 102 1 disability. 102 2 b. The funds allocated in this subsection shall be 102 3 expended by counties in accordance with the county's approved 102 4 county management plan. A county without an approved county 102 5 management plan shall not receive allocated funds until the 102 6 county's management plan is approved. 102 7 c. The funds provided by this subsection shall be 102 8 allocated to each county as follows: 102 9 (1) Fifty percent based upon the county's proportion of 102 10 the state's population of persons with an annual income which 102 11 is equal to or less than the poverty guideline established by 102 12 the federal office of management and budget. 102 13 (2) Fifty percent based upon the amount provided to the 102 14 county for local purchase of services in the preceding fiscal 102 15 year. 102 16 5. A county is eligible for funds under this section if 102 17 the county qualifies for a state payment as described in 102 18 section 331.439. 102 19 Sec. 130. PERSONAL ASSISTANCE. There is appropriated from 102 20 the general fund of the state to the department of human 102 21 services for the fiscal year beginning July 1, 2002, and 102 22 ending June 30, 2003, the following amount, or so much thereof 102 23 as is necessary, to be used for the purpose designated: 102 24 For continuation of a pilot project for the personal 102 25 assistance services program in accordance with this section: 102 26 .................................................. $ 157,921 102 27 1. The funds appropriated in this section shall be used to 102 28 continue the pilot project for the personal assistance 102 29 services program under section 225C.46 in an urban and a rural 102 30 area. Not more than 10 percent of the amount appropriated 102 31 shall be used for administrative costs. The pilot project 102 32 shall not be implemented in a manner which would require 102 33 additional county or state costs for assistance provided to an 102 34 individual served under the pilot project. 102 35 2. In accordance with 2001 Iowa Acts, chapter 191, section 103 1 25, subsection 2, new applicants shall not be accepted into 103 2 the pilot project. An individual receiving services under the 103 3 pilot project as of June 30, 2002, shall continue receiving 103 4 services until the individual voluntarily leaves the project 103 5 or until another program with similar services exists. 103 6 Sec. 131. SEXUALLY VIOLENT PREDATORS. There is 103 7 appropriated from the general fund of the state to the 103 8 department of human services for the fiscal year beginning 103 9 July 1, 2002, and ending June 30, 2003, the following amount, 103 10 or so much thereof as is necessary, to be used for the purpose 103 11 designated: 103 12 For costs associated with the commitment and treatment of 103 13 sexually violent predators in the unit located at the state 103 14 mental health institute at Cherokee, including costs of legal 103 15 services and other associated costs, including salaries, 103 16 support, maintenance, and miscellaneous purposes and for not 103 17 more than the following full-time equivalent positions: 103 18 .................................................. $ 3,459,855 103 19 ............................................... FTEs 44.00 103 20 In implementing the relocation of the unit for commitment 103 21 of sexually violent predators from Oakdale to the state mental 103 22 health institute at Cherokee in the fiscal year beginning July 103 23 1, 2002, it is the intent of the general assembly that the 103 24 department of human services complete the renovation of space 103 25 at the institute and the relocation of the unit as 103 26 expeditiously as possible. If requested by the department of 103 27 human services as necessary to complete the renovation of 103 28 space and relocation as expeditiously as possible, 103 29 notwithstanding any provision of law or rule to the contrary, 103 30 the department of general services shall grant a waiver for 103 31 purposes of the renovation project from those requirements in 103 32 administrative rule and policy that would otherwise govern the 103 33 length of time the renovation project components are noticed. 103 34 Sec. 132. FIELD OPERATIONS. There is appropriated from 103 35 the general fund of the state to the department of human 104 1 services for the fiscal year beginning July 1, 2002, and 104 2 ending June 30, 2003, the following amount, or so much thereof 104 3 as is necessary, to be used for the purposes designated: 104 4 1. For field operations, including salaries, support, 104 5 maintenance, and miscellaneous purposes and for not more than 104 6 the following full-time equivalent positions: 104 7 .................................................. $ 51,204,264 104 8 ............................................... FTEs 1,920.00 104 9 Priority in filling full-time equivalent positions shall be 104 10 given to those positions related to child protection services. 104 11 2. In implementing the transition from a regional system 104 12 to the service area system established pursuant to 2001 Iowa 104 13 Acts, Second Extraordinary Session, chapter 4, for the fiscal 104 14 year beginning July 1, 2002, and ending June 30, 2003, the 104 15 department shall utilize the service areas and service area 104 16 administrators in lieu of regions and regional administrators, 104 17 notwithstanding the references to department regions or 104 18 regional administrators in sections 232.2, 232.52, 232.68, 104 19 232.72, 232.102, 232.117, 232.127, 232.143, 232.188, and 104 20 234.35, or other provision in law. The department shall 104 21 submit proposed legislation under section 2.16 for 104 22 consideration by the Eightieth General Assembly, 2003 Session, 104 23 to correct the references in the necessary Code sections. 104 24 Sec. 133. ADDITIONAL FEDERAL FUNDING – FISCAL YEAR 2002- 104 25 2003. 104 26 1. The provisions of this section are applicable for the 104 27 fiscal year beginning July 1, 2002. 104 28 2. It is the intent of the general assembly that the 104 29 director of human services work to secure federal financial 104 30 participation through Titles IV-E and XIX of the federal 104 31 Social Security Act for services and activities that are 104 32 currently funded with state, county, or community moneys. It 104 33 is further intended that the director initially focus on 104 34 securing targeted case management funding under medical 104 35 assistance for state child protection staff and for services 105 1 and activities currently funded with juvenile court services, 105 2 county, or community moneys and state moneys used in 105 3 combination with such moneys. 105 4 3. Additional federal financial participation secured for 105 5 the fiscal year beginning July 1, 2002, and ending June 30, 105 6 2003, is appropriated to the department of human services for 105 7 use as provided in this section. All of the following are 105 8 applicable to the additional federal financial participation 105 9 and efforts made to secure the federal financial 105 10 participation: 105 11 a. The department may pursue federal approval of a state 105 12 plan amendment to use medical assistance funding for targeted 105 13 case management services. The population to be served through 105 14 targeted case management services is children who are at risk 105 15 of maltreatment or who are in need of protective services. 105 16 The funding shall be based on the federal and state moneys 105 17 available under the medical assistance program. For the 105 18 additional federal financial participation received under the 105 19 reimbursement methodology established for the services, a 105 20 distribution plan shall attribute revenue to the cost sources 105 21 upon which the reimbursement rates are based. In addition, of 105 22 the additional federal funds received, a 5 percent set-aside 105 23 shall be used for funding the revenue enhancement activities 105 24 and for service delivery and results improvement efforts. 105 25 b. The director may use part or all of the additional 105 26 federal financial participation received from medical 105 27 assistance claims for child protection staff for full-time 105 28 equivalent state child protection staff positions, including 105 29 child abuse assessment positions, social workers, and support 105 30 positions performing related functions. Positions added in 105 31 accordance with this paragraph "b" are in addition to those 105 32 authorized in the appropriation made in this Act for field 105 33 operations. 105 34 c. The director may also use a portion of the additional 105 35 federal financial participation received from medical 106 1 assistance claims for child protection staff for providing 106 2 grants to communities to support the community partnership 106 3 approach to child protection. Potential grantees may include 106 4 child welfare funding decategorization projects, community 106 5 empowerment area boards, or other community-based entities 106 6 who, in partnership with the local departmental 106 7 administrators, agree to implement the four community 106 8 partnership components. 106 9 4. The department may adopt emergency rules to implement 106 10 the provisions of this section. 106 11 Sec. 134. ADDITIONAL FEDERAL FINANCIAL PARTICIPATION – 106 12 FISCAL 2001-2002 AND FISCAL 2002-2003. The first $10 million 106 13 of federal financial participation received under the section 106 14 of this division of this Act providing for the department of 106 15 human services' efforts to secure additional federal funding 106 16 for FY 2002-2003 through Titles IV-E and XIX of the federal 106 17 Social Security Act or from other efforts by the department of 106 18 human services to draw additional federal financial 106 19 participation associated with funds appropriated for child and 106 20 family services in fiscal years 2001-2002 and 2002-2003 shall 106 21 be used in those two fiscal years to offset reductions in 106 22 federal financial participation for child welfare services due 106 23 to changes in federal regulations or interpretations of 106 24 federal regulations, changes in federal cost allocations or 106 25 federal match provisions, or federal sanctions. The 106 26 department may adopt emergency rules to implement the 106 27 provisions of this section. 106 28 Sec. 135. GENERAL ADMINISTRATION. There is appropriated 106 29 from the general fund of the state to the department of human 106 30 services for the fiscal year beginning July 1, 2002, and 106 31 ending June 30, 2003, the following amount, or so much thereof 106 32 as is necessary, to be used for the purpose designated: 106 33 For general administration, including salaries, support, 106 34 maintenance, and miscellaneous purposes and for not more than 106 35 the following full-time equivalent positions: 107 1 ................................................. $ 11,587,936 107 2 .............................................. FTEs 356.00 107 3 1. Of the funds appropriated in this section, $57,000 is 107 4 allocated for the prevention of disabilities policy council 107 5 established in section 225B.3. 107 6 2. The department shall report to the governor, the 107 7 general assembly, the legislative fiscal bureau, and the 107 8 legislative service bureau, within thirty days of notice from 107 9 the source of payment of the future receipt of any bonus, 107 10 incentive, or other payments received from the federal 107 11 government, court settlement payments, and any other payments 107 12 received by the state that may be used to supplement state 107 13 funds appropriated to the department. 107 14 3. If the department proposes an amendment to a state plan 107 15 for a program that is subject to federal approval and the 107 16 amendment would have an effect on state appropriations, unless 107 17 the amendment is adopted as a rule that has been reviewed and 107 18 approved by the administrative rules review committee, the 107 19 amendment shall not be submitted to the federal government for 107 20 consideration unless the fiscal committee of the legislative 107 21 council has adopted a motion recommending implementation of 107 22 the amendment. 107 23 Sec. 136. VOLUNTEERS. There is appropriated from the 107 24 general fund of the state to the department of human services 107 25 for the fiscal year beginning July 1, 2002, and ending June 107 26 30, 2003, the following amount, or so much thereof as is 107 27 necessary, to be used for the purpose designated: 107 28 For development and coordination of volunteer services: 107 29 .................................................. $ 109,568 107 30 Sec. 137. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 107 31 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 107 32 DEPARTMENT OF HUMAN SERVICES. 107 33 1. a. For the fiscal year beginning July 1, 2002, nursing 107 34 facilities shall be reimbursed as provided in 2002 Iowa Acts, 107 35 House File 2613. Nursing facilities reimbursed under the 108 1 medical assistance program shall submit annual cost reports 108 2 and additional documentation as required by rules adopted by 108 3 the department. 108 4 b. (1) For the fiscal year beginning July 1, 2002, the 108 5 department shall reimburse pharmacy dispensing fees using a 108 6 single rate of $5.17 per prescription or the pharmacy's usual 108 7 and customary fee, whichever is lower. 108 8 (2) The department shall implement a series of prospective 108 9 drug utilization review edits on targeted drugs to facilitate 108 10 the cost effective use of these drugs. The edits shall be 108 11 implemented in a manner that does not change the therapy or 108 12 the therapeutic outcome for the patient. 108 13 (3) The department of human services shall require 108 14 recipients of medical assistance to pay the following 108 15 copayment on each covered drug prescription, including each 108 16 refill as follows: 108 17 (a) A copayment of $1 for each covered generic drug 108 18 prescription. 108 19 (b) A copayment of $1 for each covered brand-name drug 108 20 prescription for which the cost to the state is less than $25. 108 21 (c) A copayment of $2 for each covered brand-name drug 108 22 prescription for which the cost to the state is between $25 108 23 and $50. 108 24 (d) A copayment of $3 for each covered brand-name drug 108 25 prescription for which the cost to the state is over $50. 108 26 c. For the fiscal year beginning July 1, 2002, 108 27 reimbursement rates for inpatient and outpatient hospital 108 28 services shall remain at the rates in effect on June 30, 2002. 108 29 The department shall continue the outpatient hospital 108 30 reimbursement system based upon ambulatory patient groups 108 31 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 108 32 25, subsection 1, paragraph "f". In addition, the department 108 33 shall continue the revised medical assistance payment policy 108 34 implemented pursuant to that paragraph to provide 108 35 reimbursement for costs of screening and treatment provided in 109 1 the hospital emergency room if made pursuant to the 109 2 prospective payment methodology developed by the department 109 3 for the payment of outpatient services provided under the 109 4 medical assistance program. Any rebasing of hospital 109 5 impatient or outpatient rates shall not increase total 109 6 payments for inpatient and outpatient services. 109 7 d. For the fiscal year beginning July 1, 2002, 109 8 reimbursement rates for rural health clinics, hospices, 109 9 independent laboratories, and acute mental hospitals shall be 109 10 increased in accordance with increases under the federal 109 11 Medicare program or as supported by their Medicare audited 109 12 costs. 109 13 e. For the fiscal year beginning July 1, 2002, 109 14 reimbursement rates for home health agencies shall remain at 109 15 the rates in effect on June 30, 2002. 109 16 f. For the fiscal year beginning July 1, 2002, federally 109 17 qualified health centers shall receive cost-based 109 18 reimbursement for 100 percent of the reasonable costs for the 109 19 provision of services to recipients of medical assistance. 109 20 g. Beginning July 1, 2002, the reimbursement rates for 109 21 dental services shall remain at the rates in effect on June 109 22 30, 2002. 109 23 h. Beginning July 1, 2002, the reimbursement rates for 109 24 community mental health centers shall remain at the rates in 109 25 effect on June 30, 2002. 109 26 i. For the fiscal year beginning July 1, 2002, the maximum 109 27 reimbursement rate for psychiatric medical institutions for 109 28 children shall remain at the rate in effect on June 30, 2002, 109 29 based on per day rates for actual costs. 109 30 j. For the fiscal year beginning July 1, 2002, unless 109 31 otherwise specified in this division of this Act, all 109 32 noninstitutional medical assistance provider reimbursement 109 33 rates shall remain at the rates in effect on June 30, 2002, 109 34 except for area education agencies, local education agencies, 109 35 infant and toddler services providers, and those providers 110 1 whose rates are required to be determined pursuant to section 110 2 249A.20. 110 3 k. Notwithstanding section 249A.20, the average 110 4 reimbursement rates for health care providers eligible for use 110 5 of the reimbursement methodology under that section shall 110 6 remain at the rate in effect on June 30, 2002. 110 7 l. In addition to other dental services provided to adults 110 8 under the medical assistance program in accordance with 2002 110 9 Iowa Acts, House File 2245, section 7, subsection 2, for the 110 10 fiscal year beginning July 1, 2002, the following services 110 11 shall be provided: 110 12 (1) Root canal treatments on permanent anterior teeth. 110 13 (2) General anesthesia and intravenous sedation if 110 14 necessitated by the physical or mental disability of the 110 15 patient. 110 16 2. For the fiscal year beginning July 1, 2002, the maximum 110 17 cost reimbursement rate for residential care facilities 110 18 reimbursed by the department shall not be less than $25.92 per 110 19 day for the time period of July 1, 2002, through December 31, 110 20 2002, and shall not be less than $26.20 per day for the time 110 21 period of January 1, 2003, through June 30, 2003. The flat 110 22 reimbursement rate for facilities electing not to file 110 23 semiannual cost reports shall not be less than $18.52 per day 110 24 for the time period of July 1, 2002, through December 31, 110 25 2002, and shall not be less than $18.72 per day for the time 110 26 period of January 1, 2003, through June 30, 2003. 110 27 3. For the fiscal year beginning July 1, 2002, the maximum 110 28 reimbursement rate for providers reimbursed under the in-home 110 29 health-related care program shall not be less than $498.29 per 110 30 month for the time period of July 1, 2002, through December 110 31 31, 2002, and shall not be less than $503.67 per month for the 110 32 time period of January 1, 2003, through June 30, 2003. 110 33 4. Unless otherwise directed in this section, when the 110 34 department's reimbursement methodology for any provider 110 35 reimbursed in accordance with this section includes an 111 1 inflation factor, this factor shall not exceed the amount by 111 2 which the consumer price index for all urban consumers 111 3 increased during the calendar year ending December 31, 2001. 111 4 5. Notwithstanding section 234.38, in the fiscal year 111 5 beginning July 1, 2002, the foster family basic daily 111 6 maintenance rate and the maximum adoption subsidy rate for 111 7 children ages 0 through 5 years shall be $14.28, the rate for 111 8 children ages 6 through 11 years shall be $15.07, the rate for 111 9 children ages 12 through 15 years shall be $16.83, and the 111 10 rate for children ages 16 and older shall be $16.83. 111 11 6. For the fiscal year beginning July 1, 2002, the maximum 111 12 reimbursement rates for social service providers shall remain 111 13 at the rates in effect on June 30, 2002. However, the rates 111 14 may be adjusted under any of the following circumstances: 111 15 a. If a new service was added after June 30, 2002, the 111 16 initial reimbursement rate for the service shall be based upon 111 17 actual and allowable costs. 111 18 b. If a social service provider loses a source of income 111 19 used to determine the reimbursement rate for the provider, the 111 20 provider's reimbursement rate may be adjusted to reflect the 111 21 loss of income, provided that the lost income was used to 111 22 support actual and allowable costs of a service purchased 111 23 under a purchase of service contract. 111 24 7. The group foster care reimbursement rates paid for 111 25 placement of children out-of-state shall be calculated 111 26 according to the same rate-setting principles as those used 111 27 for in-state providers unless the director or the director's 111 28 designee determines that appropriate care cannot be provided 111 29 within the state. The payment of the daily rate shall be 111 30 based on the number of days in the calendar month in which 111 31 service is provided. 111 32 8. For the fiscal year beginning July 1, 2002, the 111 33 reimbursement rates for rehabilitative treatment and support 111 34 services providers shall remain at the rates in effect on June 111 35 30, 2002. 112 1 9. For the fiscal year beginning July 1, 2002, the 112 2 combined service and maintenance components of the 112 3 reimbursement rate paid to a shelter care provider shall be 112 4 based on the cost report submitted to the department. The 112 5 maximum reimbursement rate shall be $83.69 per day. The 112 6 department shall reimburse a shelter care provider at the 112 7 provider's actual and allowable unit cost, plus inflation, not 112 8 to exceed the maximum reimbursement rate. 112 9 10. For the fiscal year beginning July 1, 2002, the 112 10 department shall calculate reimbursement rates for 112 11 intermediate care facilities for persons with mental 112 12 retardation at the 80th percentile. 112 13 11. For the fiscal year beginning July 1, 2002, for child 112 14 care providers, the department shall set provider 112 15 reimbursement rates based on the rate reimbursement survey 112 16 completed in December 1998. The department shall set rates in 112 17 a manner so as to provide incentives for a nonregistered 112 18 provider to become registered. 112 19 12. For the fiscal year beginning July 1, 2002, 112 20 reimbursements for providers reimbursed by the department of 112 21 human services may be modified if appropriated funding is 112 22 allocated for that purpose from the senior living trust fund 112 23 created in section 249H.4, or as specified in appropriations 112 24 from the healthy Iowans tobacco trust created in section 112 25 12.65. 112 26 13. The department may adopt emergency rules to implement 112 27 this section. 112 28 Sec. 138. HEALTH CARE FACILITY – EXCEPTION. 112 29 Notwithstanding any provision of chapter 135, division VI, to 112 30 the contrary and notwithstanding current applicable life 112 31 safety code and physical plant requirements, a health care 112 32 facility located in Dows, Iowa, that was operating prior to 112 33 May 1, 2002, and that terminated operation prior to May 31, 112 34 2002, that previously completed the certificate of need 112 35 process and that was previously licensed by the state, shall 113 1 not be subject to a subsequent certificate of need process and 113 2 shall not be subject to current life safety code requirements 113 3 or current physical plant requirements in order to be issued a 113 4 conditional license, if the successor health care facility 113 5 becomes operational on or before July 1, 2004. 113 6 Sec. 139. TRANSFER AUTHORITY. Subject to the provisions 113 7 of section 8.39, for the fiscal year beginning July 1, 2002, 113 8 if necessary to meet federal maintenance of effort 113 9 requirements or to transfer federal temporary assistance for 113 10 needy families block grant funding to be used for purposes of 113 11 the federal social services block grant or to meet cash flow 113 12 needs resulting from delays in receiving federal funding or to 113 13 implement, in accordance with this division of this Act, 113 14 targeted case management for child protection and for 113 15 activities currently funded with juvenile court services, 113 16 county, or community moneys and state moneys used in 113 17 combination with such moneys, the department of human services 113 18 may transfer within or between any of the appropriations made 113 19 in this division of this Act and appropriations in law for the 113 20 federal social services block grant to the department for the 113 21 following purposes, provided that the combined amount of state 113 22 and federal temporary assistance for needy families block 113 23 grant funding for each appropriation remains the same before 113 24 and after the transfer: 113 25 1. For the family investment program. 113 26 2. For emergency assistance. 113 27 3. For child care assistance. 113 28 4. For child and family services. 113 29 5. For field operations. 113 30 6. For general administration. 113 31 7. MH/MR/DD/BI community services (local purchase). 113 32 This section shall not be construed to prohibit existing 113 33 state transfer authority for other purposes. 113 34 Sec. 140. FRAUD AND RECOUPMENT ACTIVITIES. During the 113 35 fiscal year beginning July 1, 2002, notwithstanding the 114 1 restrictions in section 239B.14, recovered moneys generated 114 2 through fraud and recoupment activities are appropriated to 114 3 the department of human services to be used for additional 114 4 fraud and recoupment activities performed by the department of 114 5 human services or the department of inspections and appeals, 114 6 and the department of human services may add not more than 114 7 five full-time equivalent positions, in addition to those 114 8 funded in this division of this Act, subject to both of the 114 9 following conditions: 114 10 1. The director of human services determines that the 114 11 investment can reasonably be expected to increase recovery of 114 12 assistance paid in error, due to fraudulent or nonfraudulent 114 13 actions, in excess of the amount recovered in the fiscal year 114 14 beginning July 1, 1997. 114 15 2. The amount expended for the additional fraud and 114 16 recoupment activities shall not exceed the amount of the 114 17 projected increase in assistance recovered. 114 18 Sec. 141. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN 114 19 – FY 2001-2002. It is the intent of the general assembly 114 20 that the department evaluate the documentation provisions 114 21 implemented in fiscal year 2001-2002 for medical assistance 114 22 claiming of targeted case management services for children who 114 23 are at risk of maltreatment or who are in need of protective 114 24 services. The purpose of the evaluation is for the department 114 25 to ease the administrative burden on department staff by 114 26 limiting the documentation requirement to those children known 114 27 to be eligible or implementing other appropriate measures. 114 28 Sec. 142. NEW SECTION. 249A.20A NURSING FACILITIES – 114 29 DUAL CERTIFICATION REQUIRED. 114 30 Beginning October 1, 2002, all licensed nursing facilities 114 31 shall be certified under both the federal Medicare program and 114 32 the medical assistance program as a condition for 114 33 participation in the medical assistance program. The 114 34 department shall, in consultation with nursing facility 114 35 provider organizations, adopt rules to establish criteria for 115 1 individual exceptions to the dual certification requirement 115 2 under this section. 115 3 Sec. 143. Section 252B.4, subsection 1, Code 2001, is 115 4 amended to read as follows: 115 5 1. The director shall require an application fee offive115 6 twenty-five dollars. 115 7 Sec. 144. 2001 Iowa Acts, chapter 176, section 1, is 115 8 amended to read as follows: 115 9 SECTION 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 115 10 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 115 11 AND ALLOCATIONS. There is appropriated from the general fund 115 12 of the state to the department of human services for the 115 13 fiscal year beginning July 1, 2002, and ending June 30, 2003, 115 14 the following amount, or so much thereof as is necessary, to 115 15 be used for the purpose designated: 115 16 For distribution to counties of the county mental health, 115 17 mental retardation, and developmental disabilities allowed 115 18 growth factor adjustment, as provided in this section in lieu 115 19 of the provisions of section 331.438, subsection 2, and 115 20 section 331.439, subsection 3, and chapter 426B: 115 21 .................................................. $14,874,702115 22 14,181,000 115 23 The funding appropriated in this section is the allowed 115 24 growth factor adjustment for fiscal year 2002-2003, and is 115 25 allocated for distribution as provided by law. 115 26 Sec. 145. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 115 27 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR 115 28 ADJUSTMENT AND ALLOCATIONS – DISTRIBUTION FOR FY 2002-2003. 115 29 1. For the fiscal year beginning July 1, 2002, the moneys 115 30 appropriated in 2001 Acts, chapter 176, section 1, as amended 115 31 by this division of this Act, for distribution to counties of 115 32 the county mental health, mental retardation, and 115 33 developmental disabilities allowed growth factor adjustment, 115 34 shall be distributed as provided in this section in lieu of 115 35 the provisions of section 331.438, subsection 2, and section 116 1 331.439, subsection 3, and chapter 426B, as follows: 116 2 a. The first $500,000 shall be credited to the risk pool 116 3 created in the property tax relief fund and shall be 116 4 distributed pursuant to section 426B.5, subsection 2. 116 5 b. The remaining $13,681,000 shall be distributed as 116 6 provided in this section. 116 7 2. The following formula amounts shall be utilized only to 116 8 calculate preliminary distribution amounts for fiscal year 116 9 2002-2003 under this section by applying the indicated formula 116 10 provisions to the formula amounts and producing a preliminary 116 11 distribution total for each county: 116 12 a. For calculation of an allowed growth factor adjustment 116 13 amount for each county in accordance with the formula in 116 14 section 331.438, subsection 2, paragraph "b": 116 15 .................................................. $ 12,000,000 116 16 b. For calculation of a distribution amount for eligible 116 17 counties from the per capita expenditure target pool created 116 18 in the property tax relief fund in accordance with the 116 19 requirements in section 426B.5, subsection 1: 116 20 .................................................. $ 14,492,712 116 21 c. For calculation of a distribution amount for counties 116 22 from the mental health and developmental disabilities (MH/DD) 116 23 community services fund in accordance with the formula 116 24 provided in this division of this Act: 116 25 .................................................. $ 17,727,890 116 26 3. Notwithstanding any contrary provisions of sections 116 27 225C.7, 331.438, subsection 2, 331.439, subsection 3, and 116 28 426B.5, the moneys allocated for distribution in subsection 1, 116 29 paragraph "b", and in any other Act of the Seventy-ninth 116 30 General Assembly, 2002 Session, for distribution to counties 116 31 in the fiscal year beginning July 1, 2002, for purposes of the 116 32 mental health and developmental disabilities (MH/DD) community 116 33 services fund under section 225C.7, and for the allowed growth 116 34 factor adjustment for services paid under a county's section 116 35 331.424A mental health, mental retardation, and developmental 117 1 disabilities services fund and as calculated under subsection 117 2 2 to produce preliminary distribution amounts for counties 117 3 shall be subject to withholding as provided in this section. 117 4 4. After applying the applicable statutory distribution 117 5 formulas to the amounts indicated in subsection 2 for purposes 117 6 of formula calculations to produce preliminary distribution 117 7 totals, the department of human services shall apply a 117 8 withholding factor to adjust an eligible individual county's 117 9 preliminary distribution total. An ending balance percentage 117 10 for each county shall be determined by expressing the county's 117 11 ending balance on a modified accrual basis under generally 117 12 accepted accounting principles for the fiscal year beginning 117 13 July 1, 2001, in the county's mental health, mental 117 14 retardation, and developmental disabilities services fund 117 15 created under section 331.424A, as a percentage of the 117 16 county's gross expenditures from that fund for that fiscal 117 17 year. The withholding factor for a county shall be the 117 18 following applicable percent: 117 19 a. For an ending balance percentage of less than 10 117 20 percent, a withholding factor of 0 percent. 117 21 b. For an ending balance percentage of 10 through 24 117 22 percent, a withholding factor of 48.1 percent. 117 23 c. For an ending balance percentage of 25 through 34 117 24 percent, a withholding factor of 60 percent. 117 25 d. For an ending balance percentage of 35 through 44 117 26 percent, a withholding factor of 85 percent. 117 27 e. For an ending balance percentage of 45 percent or more, 117 28 a withholding factor of 100 percent. 117 29 5. The total withholding amounts applied pursuant to 117 30 subsection 4 shall be equal to a withholding target amount of 117 31 $12,811,712 and the appropriation made in this division of 117 32 this Act for the MH/DD community services fund and the 117 33 appropriation made in 2001 Iowa Acts, chapter 176, section 1, 117 34 as amended by this division of this Act shall be reduced by 117 35 the amount necessary to attain the withholding target amount. 118 1 If the department of human services determines that the amount 118 2 to be withheld in accordance with subsection 4 is not equal to 118 3 the target withholding amount, the department shall adjust the 118 4 withholding factors listed in subsection 4 as necessary to 118 5 achieve the withholding target amount. However, in making 118 6 such adjustments to the withholding factors, the department 118 7 shall strive to minimize changes to the withholding factors 118 8 for those ending balance percentage ranges that are lower than 118 9 others and shall not adjust the zero withholding factor 118 10 specified in subsection 4, paragraph "a". 118 11 6. In order to be eligible for a funding distribution 118 12 under this section, a county must levy at least 70 percent of 118 13 the maximum allowed for the county's services fund under 118 14 section 331.424A for taxes due and payable in the fiscal year 118 15 beginning July 1, 2002, and comply with the December 1, 2002, 118 16 filing deadline for the county annual financial report in 118 17 accordance with section 331.403. The amount that would 118 18 otherwise be available for distribution to a county that fails 118 19 to so comply shall be proportionately distributed among the 118 20 eligible counties. 118 21 7. The department of human services shall authorize the 118 22 issuance of warrants payable to the county treasurer for the 118 23 distribution amounts due the counties eligible under this 118 24 section and notwithstanding prior practice for the MH/DD 118 25 community services fund, the warrants shall be issued in 118 26 January 2003. 118 27 Sec. 146. EMERGENCY RULES. If specifically authorized by 118 28 a provision of this division of this Act, the department of 118 29 human services or the mental health and developmental 118 30 disabilities commission may adopt administrative rules under 118 31 section 17A.4, subsection 2, and section 17A.5, subsection 2, 118 32 paragraph "b", to implement the provisions and the rules shall 118 33 become effective immediately upon filing or on a later 118 34 effective date specified in the rules, unless the effective 118 35 date is delayed by the administrative rules review committee. 119 1 Any rules adopted in accordance with this section shall not 119 2 take effect before the rules are reviewed by the 119 3 administrative rules review committee. The delay authority 119 4 provided to the administrative rules review committee under 119 5 section 17A.4, subsection 5, and section 17A.8, subsection 9, 119 6 shall be applicable to a delay imposed under this section, 119 7 notwithstanding a provision in those sections making them 119 8 inapplicable to section 17A.5, subsection 2, paragraph "b". 119 9 Any rules adopted in accordance with the provisions of this 119 10 section shall also be published as notice of intended action 119 11 as provided in section 17A.4. 119 12 Sec. 147. REPORTS. 119 13 1. Any reports or information required to be compiled and 119 14 submitted under this division of this Act shall be submitted 119 15 to the chairpersons and ranking members of the joint 119 16 appropriations subcommittee on human services, the legislative 119 17 fiscal bureau, the legislative service bureau, and to the 119 18 legislative caucus staffs on or before the dates specified for 119 19 submission of the reports or information. 119 20 2. In order to reduce mailing and paper processing costs, 119 21 the department shall provide, to the extent feasible, reports, 119 22 notices, minutes, and other documents by electronic means to 119 23 those persons who have the capacity to access the documents in 119 24 that manner. 119 25 Sec. 148. LAW INAPPLICABLE FOR FISCAL YEAR 2002-2003. 119 26 1. The following provisions in Code or rule shall be 119 27 suspended for the period beginning July 1, 2002, and ending 119 28 June 30, 2003: 119 29 a. The requirements of section 239B.2A, relating to school 119 30 attendance by children participating in the family investment 119 31 program. 119 32 b. For a case permanency plan, as defined in section 119 33 232.2, the requirement for a six-month case permanency plan 119 34 review for an intact family. In addition, the department of 119 35 human services may implement a shortened case permanency plan 120 1 format tailored to meet compliance issues. 120 2 c. The requirements of section 225C.42, relating to an 120 3 annual evaluation of the family support subsidy program. 120 4 2. The department may adopt emergency rules to implement 120 5 the provisions of this section. 120 6 Sec. 149. MEDICAL ASSISTANCE PROGRAM – REPAYMENT OF 120 7 SENIOR LIVING TRUST FUND FOR FY 2001-2002. If moneys 120 8 appropriated for the medical assistance program for the fiscal 120 9 year beginning July 1, 2001, and ending June 30, 2002, from 120 10 the general fund of the state, the tobacco settlement trust 120 11 fund, the healthy Iowans tobacco trust fund, the senior living 120 12 trust fund, and the hospital trust fund are in excess of 120 13 actual expenditures for the medical assistance program and 120 14 remain available at the close of the fiscal year, the excess 120 15 moneys in an amount not to exceed the amount appropriated from 120 16 the senior living trust fund for the medical assistance 120 17 program for the fiscal year beginning July 1, 2001, which have 120 18 not otherwise been repaid, shall be transferred to the senior 120 19 living trust fund created in section 249H.4. 120 20 Sec. 150. MEDICAL ASSISTANCE PROGRAM – REPAYMENT OF 120 21 SENIOR LIVING TRUST FUND FOR FY 2002-2003. If moneys 120 22 appropriated for the medical assistance program for the fiscal 120 23 year beginning July 1, 2002, and ending June 30, 2003, from 120 24 the general fund of the state, the tobacco settlement trust 120 25 fund, the healthy Iowans tobacco trust fund, the senior living 120 26 trust fund, and the hospital trust fund are in excess of 120 27 actual expenditures for the medical assistance program and 120 28 remain available at the close of the fiscal year, the excess 120 29 moneys, not to exceed the amount appropriated from the senior 120 30 living trust fund for the medical assistance program for the 120 31 fiscal years beginning July 1, 2001, and July 1, 2002, which 120 32 have not otherwise been repaid, shall be transferred to the 120 33 senior living trust fund created in section 249H.4. 120 34 Sec. 151. EFFECTIVE DATES. 120 35 1. Except as otherwise provided in subsection 2, this 121 1 division of this Act takes effect July 1, 2002. 121 2 2. The following provisions of this division of this Act, 121 3 being deemed of immediate importance, take effect upon 121 4 enactment: 121 5 a. The provision under the appropriation for child and 121 6 family services, relating to requirements of section 232.143 121 7 for representatives of the department of human services and 121 8 juvenile court services to establish a plan for continuing 121 9 group foster care expenditures for the 2002-2003 fiscal year. 121 10 b. The provision under the appropriation for child and 121 11 family services, relating to the state court administrator 121 12 determining allocation of court-ordered services funding by 121 13 June 15, 2002. 121 14 c. The provision relating to the evaluation of 121 15 documentation for targeted case management services for 121 16 children in fiscal year 2001-2002. 121 17 d. The provision relating to obtaining additional federal 121 18 financial participation for fiscal year 2001-2002 and fiscal 121 19 year 2002-2003. 121 20 e. The provision relating to repayment of the senior 121 21 living trust fund for fiscal year 2001-2002. 121 22 f. The provision enacting new section 249A.20A relating to 121 23 dual certification of nursing facilities. 121 24 DIVISION VII 121 25 JUSTICE SYSTEM 121 26 Sec. 152. DEPARTMENT OF JUSTICE. There is appropriated 121 27 from the general fund of the state to the department of 121 28 justice for the fiscal year beginning July 1, 2002, and ending 121 29 June 30, 2003, the following amounts, or so much thereof as is 121 30 necessary, to be used for the purposes designated: 121 31 1. For the general office of attorney general for 121 32 salaries, support, maintenance, miscellaneous purposes 121 33 including prosecuting attorney training program, victim 121 34 assistance grants, office of drug control policy (ODCP) 121 35 prosecuting attorney program, legal services for persons in 122 1 poverty grants as provided in section 13.34, odometer fraud 122 2 enforcement, and for not more than the following full-time 122 3 equivalent positions: 122 4 .................................................. $ 7,340,260 122 5 ............................................... FTEs 210.48 122 6 2. In addition to the funds appropriated in subsection 1, 122 7 there is appropriated from the general fund of the state to 122 8 the department of justice for the fiscal year beginning July 122 9 1, 2002, and ending June 30, 2003, an amount not exceeding 122 10 $200,000 to be used for the enforcement of the Iowa 122 11 competition law. The funds appropriated in this subsection 122 12 are contingent upon receipt by the general fund of the state 122 13 of an amount at least equal to the expenditure amount from 122 14 either damages awarded to the state or a political subdivision 122 15 of the state by a civil judgment under chapter 553, if the 122 16 judgment authorizes the use of the award for enforcement 122 17 purposes or costs or attorneys fees awarded the state in state 122 18 or federal antitrust actions. However, if the amounts 122 19 received as a result of these judgments are in excess of 122 20 $200,000, the excess amounts shall not be appropriated to the 122 21 department of justice pursuant to this subsection. 122 22 3. In addition to the funds appropriated in subsection 1, 122 23 there is appropriated from the general fund of the state to 122 24 the department of justice for the fiscal year beginning July 122 25 1, 2002, and ending June 30, 2003, an amount not exceeding 122 26 $1,125,000 to be used for public education relating to 122 27 consumer fraud and for enforcement of section 714.16, and an 122 28 amount not exceeding $75,000 for investigation, prosecution, 122 29 and consumer education relating to consumer and criminal fraud 122 30 against older Iowans. The funds appropriated in this 122 31 subsection are contingent upon receipt by the general fund of 122 32 the state of an amount at least equal to the expenditure 122 33 amount from damages awarded to the state or a political 122 34 subdivision of the state by a civil consumer fraud judgment or 122 35 settlement, if the judgment or settlement authorizes the use 123 1 of the award for public education on consumer fraud. However, 123 2 if the funds received as a result of these judgments and 123 3 settlements are in excess of $1,200,000, the excess funds 123 4 shall not be appropriated to the department of justice 123 5 pursuant to this subsection. 123 6 4. a. The funds used for victim assistance grants shall 123 7 be used to provide grants to care providers providing services 123 8 to crime victims of domestic abuse or to crime victims of rape 123 9 and sexual assault. 123 10 b. The balance of the victim compensation fund established 123 11 in section 915.94 may be used to provide salary and support of 123 12 not more than 22.0 FTEs and to provide maintenance for the 123 13 victim compensation functions of the department of justice. 123 14 5. The department of justice shall submit monthly 123 15 financial statements to the legislative fiscal bureau and the 123 16 department of management containing all appropriated accounts 123 17 in the same manner as provided in the monthly financial status 123 18 reports and personal services usage reports of the department 123 19 of revenue and finance. The monthly financial statements 123 20 shall include comparisons of the moneys and percentage spent 123 21 of budgeted to actual revenues and expenditures on a 123 22 cumulative basis for full-time equivalent positions and 123 23 available moneys. 123 24 6. a. The department of justice, in submitting budget 123 25 estimates for the fiscal year commencing July 1, 2003, 123 26 pursuant to section 8.23, shall include a report of funding 123 27 from sources other than amounts appropriated directly from the 123 28 general fund of the state to the department of justice or to 123 29 the office of consumer advocate. These funding sources shall 123 30 include, but are not limited to, reimbursements from other 123 31 state agencies, commissions, boards, or similar entities, and 123 32 reimbursements from special funds or internal accounts within 123 33 the department of justice. The department of justice shall 123 34 report actual reimbursements for the fiscal year commencing 123 35 July 1, 2001, and actual and expected reimbursements for the 124 1 fiscal year commencing July 1, 2002. 124 2 b. The department of justice shall include the report 124 3 required under paragraph "a", as well as information regarding 124 4 any revisions occurring as a result of reimbursements actually 124 5 received or expected at a later date, in a report to the co- 124 6 chairpersons and ranking members of the joint appropriations 124 7 subcommittee on the justice system and the legislative fiscal 124 8 bureau. The department of justice shall submit the report on 124 9 or before January 15, 2003. 124 10 7. As a condition for accepting a grant for legal services 124 11 for persons in poverty funded pursuant to section 13.34, an 124 12 organization receiving a grant shall submit a report to the 124 13 general assembly by January 1, 2003, concerning the use of any 124 14 grants received during the previous fiscal year and efforts 124 15 made by the organization to find alternative sources of 124 16 revenue to replace any reductions in federal funding for the 124 17 organization. 124 18 Sec. 153. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 124 19 INVESTIGATION AND PROSECUTION – FUNDING. There is 124 20 appropriated from the environmental crime fund of the 124 21 department of justice, consisting of court-ordered fines and 124 22 penalties awarded to the department arising out of the 124 23 prosecution of environmental crimes, to the department of 124 24 justice for the fiscal year beginning July 1, 2002, and ending 124 25 June 30, 2003, an amount not exceeding $20,000 to be used by 124 26 the department, at the discretion of the attorney general, for 124 27 the investigation and prosecution of environmental crimes, 124 28 including the reimbursement of expenses incurred by county, 124 29 municipal, and other local governmental agencies cooperating 124 30 with the department in the investigation and prosecution of 124 31 environmental crimes. 124 32 The funds appropriated in this section are contingent upon 124 33 receipt by the environmental crime fund of the department of 124 34 justice of an amount at least equal to the appropriations made 124 35 in this section and received from contributions, court-ordered 125 1 restitution as part of judgments in criminal cases, and 125 2 consent decrees entered into as part of civil or regulatory 125 3 enforcement actions. However, if the funds received during 125 4 the fiscal year are in excess of $20,000, the excess funds 125 5 shall be deposited in the general fund of the state. 125 6 Notwithstanding section 8.33, moneys appropriated in this 125 7 section that remain unexpended or unobligated at the close of 125 8 the fiscal year shall not revert but shall remain available 125 9 for expenditure for the purpose designated until the close of 125 10 the succeeding fiscal year. 125 11 Sec. 154. OFFICE OF CONSUMER ADVOCATE. There is 125 12 appropriated from the general fund of the state to the office 125 13 of consumer advocate of the department of justice for the 125 14 fiscal year beginning July 1, 2002, and ending June 30, 2003, 125 15 the following amount, or so much thereof as is necessary, to 125 16 be used for the purposes designated: 125 17 For salaries, support, maintenance, miscellaneous purposes, 125 18 and for not more than the following full-time equivalent 125 19 positions: 125 20 .................................................. $ 2,443,903 125 21 ............................................... FTEs 33.00 125 22 Sec. 155. DEPARTMENT OF CORRECTIONS – FACILITIES. There 125 23 is appropriated from the general fund of the state to the 125 24 department of corrections for the fiscal year beginning July 125 25 1, 2002, and ending June 30, 2003, the following amounts, or 125 26 so much thereof as is necessary, to be used for the purposes 125 27 designated: 125 28 1. For the operation of adult correctional institutions, 125 29 reimbursement of counties for certain confinement costs, and 125 30 federal prison reimbursement, to be allocated as follows: 125 31 a. For the operation of the Fort Madison correctional 125 32 facility, including salaries, support, maintenance, employment 125 33 of correctional officers, miscellaneous purposes, and for not 125 34 more than the following full-time equivalent positions: 125 35 .................................................. $ 32,168,605 126 1 ............................................... FTEs 543.69 126 2 It is the intent of the general assembly to operate a 126 3 special needs unit at the Fort Madison correctional facility 126 4 at a capacity of 200 beds when funding constraints are 126 5 eliminated. 126 6 b. For the operation of the Anamosa correctional facility, 126 7 including salaries, support, maintenance, employment of 126 8 correctional officers and a part-time chaplain to provide 126 9 religious counseling to inmates of a minority race, 126 10 miscellaneous purposes, and for not more than the following 126 11 full-time equivalent positions: 126 12 .................................................. $ 23,786,629 126 13 ............................................... FTEs 379.75 126 14 Moneys are provided within this appropriation for one full- 126 15 time substance abuse counselor for the Luster Heights 126 16 facility, for the purpose of certification of a substance 126 17 abuse program at that facility. 126 18 c. For the operation of the Oakdale correctional facility, 126 19 including salaries, support, maintenance, employment of 126 20 correctional officers, miscellaneous purposes, and for not 126 21 more than the following full-time equivalent positions: 126 22 .................................................. $ 21,497,363 126 23 ............................................... FTEs 328.50 126 24 d. For the operation of the Newton correctional facility, 126 25 including salaries, support, maintenance, employment of 126 26 correctional officers, miscellaneous purposes, and for not 126 27 more than the following full-time equivalent positions: 126 28 .................................................. $ 22,538,275 126 29 ............................................... FTEs 371.25 126 30 e. For the operation of the Mt. Pleasant correctional 126 31 facility, including salaries, support, maintenance, employment 126 32 of correctional officers and a full-time chaplain to provide 126 33 religious counseling at the Oakdale and Mt. Pleasant 126 34 correctional facilities, miscellaneous purposes, and for not 126 35 more than the following full-time equivalent positions: 127 1 .................................................. $ 21,161,133 127 2 ............................................... FTEs 330.56 127 3 f. For the operation of the Rockwell City correctional 127 4 facility, including salaries, support, maintenance, employment 127 5 of correctional officers, miscellaneous purposes, and for not 127 6 more than the following full-time equivalent positions: 127 7 .................................................. $ 7,268,049 127 8 ............................................... FTEs 110.00 127 9 g. For the operation of the Clarinda correctional 127 10 facility, including salaries, support, maintenance, employment 127 11 of correctional officers, miscellaneous purposes, and for not 127 12 more than the following full-time equivalent positions: 127 13 .................................................. $ 18,326,306 127 14 ............................................... FTEs 291.76 127 15 Moneys received by the department of corrections as 127 16 reimbursement for services provided to the Clarinda youth 127 17 corporation are appropriated to the department and shall be 127 18 used for the purpose of operating the Clarinda correctional 127 19 facility. 127 20 h. For the operation of the Mitchellville correctional 127 21 facility, including salaries, support, maintenance, employment 127 22 of correctional officers, miscellaneous purposes, and for not 127 23 more than the following full-time equivalent positions: 127 24 .................................................. $ 12,024,416 127 25 ............................................... FTEs 215.50 127 26 i. For the operation of the Fort Dodge correctional 127 27 facility, including salaries, support, maintenance, employment 127 28 of correctional officers, miscellaneous purposes, and for not 127 29 more than the following full-time equivalent positions: 127 30 .................................................. $ 24,379,674 127 31 ............................................... FTEs 395.00 127 32 j. For reimbursement of counties for temporary confinement 127 33 of work release and parole violators, as provided in sections 127 34 901.7, 904.908, and 906.17 and for offenders confined pursuant 127 35 to section 904.513: 128 1 .................................................. $ 674,954 128 2 k. For federal prison reimbursement, reimbursements for 128 3 out-of-state placements, and miscellaneous contracts: 128 4 .................................................. $ 241,293 128 5 The department of corrections shall use funds appropriated 128 6 in this subsection to continue to contract for the services of 128 7 a Muslim imam. 128 8 2. a. If the inmate tort claim fund for inmate claims of 128 9 less than $100 is exhausted during the fiscal year, sufficient 128 10 funds shall be transferred from the institutional budgets to 128 11 pay approved tort claims for the balance of the fiscal year. 128 12 The warden or superintendent of each institution or 128 13 correctional facility shall designate an employee to receive, 128 14 investigate, and recommend whether to pay any properly filed 128 15 inmate tort claim for less than the above amount. The 128 16 designee's recommendation shall be approved or denied by the 128 17 warden or superintendent and forwarded to the department of 128 18 corrections for final approval and payment. The amounts 128 19 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 128 20 234, section 304, subsection 2, are not subject to reversion 128 21 under section 8.33. 128 22 b. Tort claims denied at the institution shall be 128 23 forwarded to the state appeal board for their consideration as 128 24 if originally filed with that body. This procedure shall be 128 25 used in lieu of chapter 669 for inmate tort claims of less 128 26 than $100. 128 27 3. It is the intent of the general assembly that the 128 28 department of corrections shall timely fill correctional 128 29 positions authorized for correctional facilities pursuant to 128 30 this section. 128 31 Sec. 156. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 128 32 There is appropriated from the general fund of the state to 128 33 the department of corrections for the fiscal year beginning 128 34 July 1, 2002, and ending June 30, 2003, the following amounts, 128 35 or so much thereof as is necessary, to be used for the 129 1 purposes designated: 129 2 1. For general administration, including salaries, 129 3 support, maintenance, employment of an education director and 129 4 clerk to administer a centralized education program for the 129 5 correctional system, miscellaneous purposes, and for not more 129 6 than the following full-time equivalent positions: 129 7 .................................................. $ 2,666,224 129 8 ............................................... FTEs 42.18 129 9 Notwithstanding section 904.108, for the fiscal year 129 10 beginning July 1, 2002, and ending June 30, 2003, the 129 11 correctional training center need not be maintained at the 129 12 Mount Pleasant correctional facility. 129 13 a. The department shall monitor the use of the 129 14 classification model by the judicial district departments of 129 15 correctional services and has the authority to override a 129 16 district department's decision regarding classification of 129 17 community-based clients. The department shall notify a 129 18 district department of the reasons for the override. 129 19 b. It is the intent of the general assembly that as a 129 20 condition of receiving the appropriation provided in this 129 21 subsection, the department of corrections shall not, except as 129 22 otherwise provided in paragraph "c", enter into a new 129 23 contract, unless the contract is a renewal of an existing 129 24 contract, for the expenditure of moneys in excess of $100,000 129 25 during the fiscal year beginning July 1, 2002, for the 129 26 privatization of services performed by the department using 129 27 state employees as of July 1, 2002, or for the privatization 129 28 of new services by the department, without prior consultation 129 29 with any applicable state employee organization affected by 129 30 the proposed new contract and prior notification of the 129 31 cochairpersons and ranking members of the joint appropriations 129 32 subcommittee on the justice system. 129 33 c. It is the intent of the general assembly that each 129 34 lease negotiated by the department of corrections with a 129 35 private corporation for the purpose of providing private 130 1 industry employment of inmates in a correctional institution 130 2 shall prohibit the private corporation from utilizing inmate 130 3 labor for partisan political purposes for any person seeking 130 4 election to public office in this state and that a violation 130 5 of this requirement shall result in a termination of the lease 130 6 agreement. 130 7 d. It is the intent of the general assembly that as a 130 8 condition of receiving the appropriation provided in this 130 9 subsection, the department of corrections shall not enter into 130 10 a lease or contractual agreement pursuant to section 904.809 130 11 with a private corporation for the use of building space for 130 12 the purpose of providing inmate employment without providing 130 13 that the terms of the lease or contract establish safeguards 130 14 to restrict, to the greatest extent feasible, access by 130 15 inmates working for the private corporation to personal 130 16 identifying information of citizens. 130 17 e. It is the intent of the general assembly that as a 130 18 condition of receiving the appropriation provided in this 130 19 subsection, the department of corrections shall not enter into 130 20 any new agreement with a private for-profit agency or 130 21 corporation for the purpose of transferring inmates under the 130 22 custody of the department to a jail or correctional facility 130 23 or institution in this state which is established, maintained, 130 24 or operated by a private for-profit agency or corporation 130 25 without prior approval by the general assembly. 130 26 2. For educational programs for inmates at state penal 130 27 institutions: 130 28 .................................................. $ 100,000 130 29 It is the intent of the general assembly that moneys 130 30 appropriated in this subsection shall be used solely for the 130 31 purpose indicated and that the moneys shall not be transferred 130 32 for any other purpose. In addition, it is the intent of the 130 33 general assembly that the department shall consult with the 130 34 community colleges in the areas in which the institutions are 130 35 located to utilize moneys appropriated in this subsection to 131 1 fund the high school completion, high school equivalency 131 2 diploma, adult literacy, and adult basic education programs in 131 3 a manner so as to maintain these programs at the institutions. 131 4 To maximize the funding for educational programs, the 131 5 department shall establish guidelines and procedures to 131 6 prioritize the availability of educational and vocational 131 7 training for inmates based upon the goal of facilitating an 131 8 inmate's successful release from the correctional institution. 131 9 The director of the department of corrections may transfer 131 10 moneys from Iowa prison industries for use in educational 131 11 programs for inmates. 131 12 Notwithstanding section 8.33, moneys appropriated in this 131 13 subsection that remain unobligated or unexpended at the close 131 14 of the fiscal year shall not revert but shall remain available 131 15 for expenditure only for the purpose designated in this 131 16 subsection until the close of the succeeding fiscal year. 131 17 3. For the development of the Iowa corrections offender 131 18 network (ICON) data system: 131 19 .................................................. $ 427,700 131 20 4. The department of corrections shall submit a report to 131 21 the cochairpersons and ranking members of the joint 131 22 appropriations subcommittee on the justice system and the 131 23 legislative fiscal bureau, on or before January 15, 2003, 131 24 concerning the development and implementation of the Iowa 131 25 corrections offender network (ICON) data system. The report 131 26 shall include a description of the system and functions, a 131 27 plan for implementation of the system, including a timeline, 131 28 resource and staffing requirements for the system, and a 131 29 current status and progress report concerning the 131 30 implementation of the system. In addition, the report shall 131 31 specifically address the ability of the system to receive and 131 32 transmit data between prisons, community-based corrections 131 33 district departments, the judicial branch, board of parole, 131 34 the criminal and juvenile justice planning division of the 131 35 department of human rights, the department of public safety, 132 1 and other applicable governmental agencies. The report should 132 2 include a detailed discussion of the cooperation with other 132 3 state agencies and the judicial branch in the development and 132 4 implementation of the system. 132 5 5. It is the intent of the general assembly that the 132 6 department of corrections shall continue to operate the 132 7 correctional farms under the control of the department at the 132 8 same or greater level of participation and involvement as 132 9 existed as of January 1, 2002, shall not enter into any rental 132 10 agreement or contract concerning any farmland under the 132 11 control of the department that is not subject to a rental 132 12 agreement or contract as of January 1, 2002, without prior 132 13 legislative approval, and shall further attempt to provide job 132 14 opportunities at the farms for inmates. The department shall 132 15 attempt to provide job opportunities at the farms for inmates 132 16 by encouraging labor-intensive farming or gardening where 132 17 appropriate, using inmates to grow produce and meat for 132 18 institutional consumption, researching the possibility of 132 19 instituting food canning and cook-and-chill operations, and 132 20 exploring opportunities for organic farming and gardening, 132 21 livestock ventures, horticulture, and specialized crops. 132 22 6. The department of corrections shall submit a report to 132 23 the general assembly by January 1, 2003, concerning moneys 132 24 recouped from inmate earnings for the reimbursement of 132 25 operational expenses of the applicable facility during the 132 26 fiscal year beginning July 1, 2001, for each correctional 132 27 institution and judicial district department of correctional 132 28 services. In addition, each correctional institution and 132 29 judicial district department of correctional services shall 132 30 continue to submit a report to the legislative fiscal bureau 132 31 on a monthly basis concerning moneys recouped from inmate 132 32 earnings pursuant to sections 904.702, 904.809, and 905.14. 132 33 Sec. 157. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 132 34 SERVICES. 132 35 1. There is appropriated from the general fund of the 133 1 state to the department of corrections for the fiscal year 133 2 beginning July 1, 2002, and ending June 30, 2003, the 133 3 following amounts, or so much thereof as is necessary, to be 133 4 allocated as follows: 133 5 a. For the first judicial district department of 133 6 correctional services, including the treatment and supervision 133 7 of probation and parole violators who have been released from 133 8 the department of corrections violator program, the following 133 9 amount, or so much thereof as is necessary: 133 10 .................................................. $ 8,953,795 133 11 b. For the second judicial district department of 133 12 correctional services, including the treatment and supervision 133 13 of probation and parole violators who have been released from 133 14 the department of corrections violator program, the following 133 15 amount, or so much thereof as is necessary: 133 16 .................................................. $ 6,992,061 133 17 c. For the third judicial district department of 133 18 correctional services, including the treatment and supervision 133 19 of probation and parole violators who have been released from 133 20 the department of corrections violator program, the following 133 21 amount, or so much thereof as is necessary: 133 22 .................................................. $ 4,073,638 133 23 d. For the fourth judicial district department of 133 24 correctional services, including the treatment and supervision 133 25 of probation and parole violators who have been released from 133 26 the department of corrections violator program, the following 133 27 amount, or so much thereof as is necessary: 133 28 .................................................. $ 3,854,236 133 29 e. For the fifth judicial district department of 133 30 correctional services, including the treatment and supervision 133 31 of probation and parole violators who have been released from 133 32 the department of corrections violator program, the following 133 33 amount, or so much thereof as is necessary: 133 34 .................................................. $ 11,702,787 133 35 f. For the sixth judicial district department of 134 1 correctional services, including the treatment and supervision 134 2 of probation and parole violators who have been released from 134 3 the department of corrections violator program, the following 134 4 amount, or so much thereof as is necessary: 134 5 .................................................. $ 8,965,564 134 6 g. For the seventh judicial district department of 134 7 correctional services, including the treatment and supervision 134 8 of probation and parole violators who have been released from 134 9 the department of corrections violator program, the following 134 10 amount, or so much thereof as is necessary: 134 11 .................................................. $ 5,125,593 134 12 h. For the eighth judicial district department of 134 13 correctional services, including the treatment and supervision 134 14 of probation and parole violators who have been released from 134 15 the department of corrections violator program, the following 134 16 amount, or so much thereof as is necessary: 134 17 .................................................. $ 5,097,521 134 18 2. Each judicial district department of correctional 134 19 services shall continue programs and plans established within 134 20 that district to provide for intensive supervision, sex 134 21 offender treatment, diversion of low-risk offenders to the 134 22 least restrictive sanction available, job development, and 134 23 expanded use of intermediate criminal sanctions. 134 24 3. The department of corrections shall continue to 134 25 contract with a judicial district department of correctional 134 26 services to provide for the rental of electronic monitoring 134 27 equipment which shall be available statewide. 134 28 4. Each judicial district department of correctional 134 29 services and the department of corrections shall continue the 134 30 treatment alternatives to street crime programs established in 134 31 1989 Iowa Acts, chapter 225, section 9. 134 32 5. The governor's office of drug control policy shall 134 33 consider federal grants made to the department of corrections 134 34 for the benefit of each of the eight judicial district 134 35 departments of correctional services as local government 135 1 grants, as defined pursuant to federal regulations. 135 2 6. The department of corrections and the eight judicial 135 3 district departments of correctional services shall submit a 135 4 combined comprehensive report on the violator program and the 135 5 violator aftercare program to the cochairpersons and ranking 135 6 members of the joint appropriations subcommittee on the 135 7 justice system and to the legislative fiscal bureau by 135 8 December 1, 2002. 135 9 7. In addition to the requirements of section 8.39, the 135 10 department of corrections shall not make an intradepartmental 135 11 transfer of moneys appropriated to the department, unless 135 12 notice of the intradepartmental transfer is given prior to its 135 13 effective date to the legislative fiscal bureau. The notice 135 14 shall include information on the department's rationale for 135 15 making the transfer and details concerning the work load and 135 16 performance measures upon which the transfers are based. 135 17 8. The department of corrections and the eight judicial 135 18 district departments of correctional services shall submit a 135 19 combined comprehensive report on the use of intermediate 135 20 criminal sanctions program pursuant to chapter 901B to the 135 21 cochairpersons and ranking members of the joint appropriations 135 22 subcommittee on the justice system, and to the legislative 135 23 fiscal bureau by January 15, 2003. The report shall include a 135 24 description of the program at each intermediate sanction level 135 25 or sublevel of the corrections continuum within each district 135 26 plan, and the number of offenders placed at each intermediate 135 27 sanction level or sublevel in each district for the previous 135 28 fiscal year, and the current fiscal year as of March 1. The 135 29 report shall also include the personal characteristics of each 135 30 offender, including the offender's race, gender, and age, and 135 31 the offender's placement on the corrections continuum. The 135 32 number of FTEs working in positions related to the corrections 135 33 continuum shall also be included in the report. 135 34 9. The department of corrections in cooperation with the 135 35 second, third, fourth, and fifth judicial district departments 136 1 of correctional services, shall implement procedures to 136 2 provide continuing evaluation of the drug courts. The 136 3 evaluation shall include a description of the two models 136 4 currently being used by the judicial districts, a description 136 5 of the program, criteria for admission, program capacity, 136 6 number of offenders in the program by offense class, program 136 7 expenditures, and quantitative outcome measures including 136 8 successful completion and recidivism rates. 136 9 Sec. 158. CORRECTIONAL INSTITUTIONS – VOCATIONAL 136 10 TRAINING. 136 11 1. The state prison industries board and the department of 136 12 corrections shall continue the implementation of a plan to 136 13 enhance vocational training opportunities within the 136 14 correctional institutions listed in section 904.102, as 136 15 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 136 16 shall provide for increased vocational training opportunities 136 17 within the correctional institutions, including the 136 18 possibility of approving community college credit for inmates 136 19 working in prison industries. The department of corrections 136 20 shall provide a report concerning the implementation of the 136 21 plan to the cochairpersons and ranking members of the joint 136 22 appropriations subcommittee on the justice system and the 136 23 legislative fiscal bureau, on or before January 15, 2003. 136 24 2. It is the intent of the general assembly that each 136 25 correctional facility make all reasonable efforts to maintain 136 26 vocational education programs for inmates and to identify 136 27 available funding sources to continue these programs. The 136 28 department of corrections shall submit a report to the general 136 29 assembly by January 1, 2003, concerning the efforts made by 136 30 each correctional facility in maintaining vocational education 136 31 programs for inmates. 136 32 3. The department of corrections shall submit a report on 136 33 inmate labor to the general assembly, the cochairpersons, and 136 34 the ranking members of the joint appropriations subcommittee 136 35 on the justice system, and to the legislative fiscal bureau by 137 1 January 15, 2003. The report shall specifically address the 137 2 progress the department has made in implementing the 137 3 requirements of section 904.701, inmate labor on capital 137 4 improvement projects, community work crews, and private-sector 137 5 employment. 137 6 4. Each month the department shall provide a status report 137 7 regarding private-sector employment to the legislative fiscal 137 8 bureau beginning on July 1, 2002. The report shall include 137 9 the number of offenders employed in the private sector, the 137 10 combined number of hours worked by the offenders, and the 137 11 total amount of allowances, and the distribution of allowances 137 12 pursuant to section 904.702, including any moneys deposited in 137 13 the general fund of the state. 137 14 Sec. 159. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 137 15 1. As used in this section, unless the context otherwise 137 16 requires, "state agency" means the government of the state of 137 17 Iowa, including but not limited to all executive branch 137 18 departments, agencies, boards, bureaus, and commissions, the 137 19 judicial branch, the general assembly and all legislative 137 20 agencies, institutions within the purview of the state board 137 21 of regents, and any corporation whose primary function is to 137 22 act as an instrumentality of the state. 137 23 2. State agencies are hereby encouraged to purchase 137 24 products from Iowa state industries, as defined in section 137 25 904.802, when purchases are required and the products are 137 26 available from Iowa state industries. 137 27 3. State agencies shall submit to the legislative fiscal 137 28 bureau by January 15, 2003, a report of the dollar value of 137 29 products and services purchased from Iowa state industries by 137 30 the state agency during the fiscal year beginning July 1, 137 31 2001, and ending June 30, 2002. 137 32 Sec. 160. STATE PUBLIC DEFENDER. There is appropriated 137 33 from the general fund of the state to the office of the state 137 34 public defender of the department of inspections and appeals 137 35 for the fiscal year beginning July 1, 2002, and ending June 138 1 30, 2003, the following amount, or so much thereof as is 138 2 necessary, for the purposes designated: 138 3 .................................................. $ 33,908,325 138 4 The funds appropriated and full-time equivalent positions 138 5 authorized in this section are allocated as follows: 138 6 1. For salaries, support, maintenance, and miscellaneous 138 7 purposes, and for not more than the following full-time 138 8 equivalent positions: 138 9 .................................................. $ 15,770,739 138 10 ............................................... FTEs 202.00 138 11 2. For the fees of court-appointed attorneys for indigent 138 12 adults and juveniles, in accordance with section 232.141 and 138 13 chapter 815: 138 14 .................................................. $ 18,137,586 138 15 Sec. 161. IOWA LAW ENFORCEMENT ACADEMY. There is 138 16 appropriated from the general fund of the state to the Iowa 138 17 law enforcement academy for the fiscal year beginning July 1, 138 18 2002, and ending June 30, 2003, the following amount, or so 138 19 much thereof as is necessary, to be used for the purposes 138 20 designated: 138 21 1. For salaries, support, maintenance, miscellaneous 138 22 purposes, including jailer training and technical assistance, 138 23 and for not more than the following full-time equivalent 138 24 positions: 138 25 .................................................. $ 1,000,000 138 26 ............................................... FTEs 29.05 138 27 It is the intent of the general assembly that the Iowa law 138 28 enforcement academy may provide training of state and local 138 29 law enforcement personnel concerning the recognition of and 138 30 response to persons with Alzheimer's disease. 138 31 2. The Iowa law enforcement academy may select at least 138 32 five automobiles of the department of public safety, division 138 33 of the Iowa state patrol, prior to turning over the 138 34 automobiles to the state fleet administrator to be disposed of 138 35 by public auction and the Iowa law enforcement academy may 139 1 exchange any automobile owned by the academy for each 139 2 automobile selected if the selected automobile is used in 139 3 training law enforcement officers at the academy. However, 139 4 any automobile exchanged by the academy shall be substituted 139 5 for the selected vehicle of the department of public safety 139 6 and sold by public auction with the receipts being deposited 139 7 in the depreciation fund to the credit of the department of 139 8 public safety, division of the Iowa state patrol. 139 9 Sec. 162. BOARD OF PAROLE. There is appropriated from the 139 10 general fund of the state to the board of parole for the 139 11 fiscal year beginning July 1, 2002, and ending June 30, 2003, 139 12 the following amount, or so much thereof as is necessary, to 139 13 be used for the purposes designated: 139 14 For salaries, support, maintenance, miscellaneous purposes, 139 15 and for not more than the following full-time equivalent 139 16 positions: 139 17 .................................................. $ 986,636 139 18 ............................................... FTEs 16.00 139 19 Sec. 163. DEPARTMENT OF PUBLIC DEFENSE. There is 139 20 appropriated from the general fund of the state to the 139 21 department of public defense for the fiscal year beginning 139 22 July 1, 2002, and ending June 30, 2003, the following amounts, 139 23 or so much thereof as is necessary, to be used for the 139 24 purposes designated: 139 25 1. MILITARY DIVISION 139 26 For salaries, support, maintenance, miscellaneous purposes, 139 27 and for not more than the following full-time equivalent 139 28 positions: 139 29 ................................................. $ 5,115,428 139 30 .............................................. FTEs 285.89 139 31 If there is a surplus in the general fund of the state for 139 32 the fiscal year ending June 30, 2003, within 60 days after the 139 33 close of the fiscal year, the military division may incur up 139 34 to an additional $500,000 in expenditures from the surplus 139 35 prior to transfer of the surplus pursuant to section 8.57. 140 1 2. EMERGENCY MANAGEMENT DIVISION 140 2 For salaries, support, maintenance, miscellaneous purposes, 140 3 and for not more than the following full-time equivalent 140 4 positions: 140 5 .................................................. $ 1,077,354 140 6 ............................................... FTEs 25.25 140 7 Sec. 164. IOWA COMMUNICATIONS NETWORK OPERATIONS. 140 8 1. There is appropriated from the general fund of the 140 9 state to the Iowa telecommunications and technology commission 140 10 for the fiscal year beginning July 1, 2002, and ending June 140 11 30, 2003, the following amount, or so much thereof as is 140 12 necessary, to be used for the purposes designated in this 140 13 subsection: 140 14 For operations of the network consistent with chapter 8D 140 15 and for the following full-time equivalent positions: 140 16 .................................................. $ 1,027,503 140 17 ............................................... FTEs 105.00 140 18 2. Notwithstanding section 8.33 or 8.39, moneys 140 19 appropriated in this section which remain unobligated or 140 20 unexpended at the close of the fiscal year shall not revert 140 21 but shall remain available for the purposes designated in the 140 22 succeeding fiscal year, and shall not be transferred to any 140 23 other program. 140 24 3. It is the intent of the general assembly that the Iowa 140 25 telecommunications and technology commission annually review 140 26 the hourly rates established, as provided in section 8D.3, 140 27 subsection 3, paragraph "i". Such rates shall be established 140 28 in a manner to minimize any subsidy provided through state 140 29 general fund appropriations. 140 30 Sec. 165. DEPARTMENT OF PUBLIC SAFETY. There is 140 31 appropriated from the general fund of the state to the 140 32 department of public safety for the fiscal year beginning July 140 33 1, 2002, and ending June 30, 2003, the following amounts, or 140 34 so much thereof as is necessary, to be used for the purposes 140 35 designated: 141 1 1. For the department's administrative functions, 141 2 including the criminal justice information system, and for not 141 3 more than the following full-time equivalent positions: 141 4 .................................................. $ 2,379,176 141 5 ............................................... FTEs 38.50 141 6 2. For the division of criminal investigation and bureau 141 7 of identification including the state's contribution to the 141 8 peace officers' retirement, accident, and disability system 141 9 provided in chapter 97A in the amount of 17 percent of the 141 10 salaries for which the funds are appropriated, to meet federal 141 11 fund matching requirements, and for not more than the 141 12 following full-time equivalent positions: 141 13 .................................................. $ 12,050,565 141 14 ............................................... FTEs 231.50 141 15 Riverboat enforcement costs shall be billed in accordance 141 16 with section 99F.10, subsection 4, and section 99F.10A. The 141 17 costs shall be not more than the department's estimated 141 18 expenditures, including salary adjustment, for riverboat 141 19 enforcement for the fiscal year. The costs billed to the 141 20 riverboats shall not be more than $1,280,000 in excess of the 141 21 amount billed to the riverboats in the fiscal year beginning 141 22 July 1, 2001. Racetrack enforcement costs shall be billed in 141 23 accordance with section 99D.14, subsection 7, and section 141 24 99D.14A. The costs shall be not more than the department's 141 25 estimated expenditures, including salary adjustment, for 141 26 racetrack enforcement for the fiscal year. The costs billed 141 27 to the racetracks shall not be more than $420,000 in excess of 141 28 the amount billed to the racetracks in the fiscal year 141 29 beginning July 1, 2001. 141 30 The department of public safety, with the approval of the 141 31 department of management, may employ no more than two special 141 32 agents and four gaming enforcement officers for each 141 33 additional riverboat regulated after July 1, 2002, and one 141 34 special agent for each racing facility which becomes 141 35 operational during the fiscal year which begins July 1, 2002. 142 1 One additional gaming enforcement officer, up to a total of 142 2 four per boat, may be employed for each riverboat that has 142 3 extended operations to 24 hours and has not previously 142 4 operated with a 24-hour schedule. Positions authorized in 142 5 this paragraph are in addition to the full-time equivalent 142 6 positions otherwise authorized in this subsection. 142 7 3. a. For the division of narcotics enforcement, 142 8 including the state's contribution to the peace officers' 142 9 retirement, accident, and disability system provided in 142 10 chapter 97A in the amount of 17 percent of the salaries for 142 11 which the funds are appropriated, to meet federal fund 142 12 matching requirements, and for not more than the following 142 13 full-time equivalent positions: 142 14 .................................................. $ 3,392,889 142 15 ............................................... FTEs 58.00 142 16 b. For the division of narcotics enforcement for 142 17 undercover purchases: 142 18 .................................................. $ 123,343 142 19 4. a. For the state fire marshal's office, including the 142 20 state's contribution to the peace officers' retirement, 142 21 accident, and disability system provided in chapter 97A in the 142 22 amount of 17 percent of the salaries for which the funds are 142 23 appropriated, and for not more than the following full-time 142 24 equivalent positions: 142 25 .................................................. $ 1,777,630 142 26 ............................................... FTEs 38.80 142 27 b. For the state fire marshal's office, for fire 142 28 protection services as provided through the state fire service 142 29 and emergency response council as created in the department, 142 30 and for not more than the following full-time equivalent 142 31 positions: 142 32 .................................................. $ 572,150 142 33 ............................................... FTEs 12.00 142 34 5. a. For the division of the Iowa state patrol of the 142 35 department of public safety, for salaries, support, 143 1 maintenance, workers' compensation costs, and miscellaneous 143 2 purposes, including the state's contribution to the peace 143 3 officers' retirement, accident, and disability system provided 143 4 in chapter 97A in the amount of 17 percent of the salaries for 143 5 which the funds are appropriated, and for not more than the 143 6 following full-time equivalent positions: 143 7 .................................................. $ 37,019,624 143 8 ............................................... FTEs 545.00 143 9 b. District 16, including the state's contribution to the 143 10 peace officers' retirement, accident, and disability system 143 11 provided in chapter 97A in the amount of 17 percent of the 143 12 salaries for which the funds are appropriated and for not more 143 13 than the following full-time equivalent positions: 143 14 .................................................. $ 1,240,381 143 15 ............................................... FTEs 26.00 143 16 6. For deposit in the public safety law enforcement sick 143 17 leave benefits fund established under section 80.42, for all 143 18 departmental employees eligible to receive benefits for 143 19 accrued sick leave under the collective bargaining agreement: 143 20 .................................................. $ 272,421 143 21 7. An employee of the department of public safety who 143 22 retires after July 1, 2002, but prior to June 30, 2003, is 143 23 eligible for payment of life or health insurance premiums as 143 24 provided for in the collective bargaining agreement covering 143 25 the public safety bargaining unit at the time of retirement if 143 26 that employee previously served in a position which would have 143 27 been covered by the agreement. The employee shall be given 143 28 credit for the service in that prior position as though it 143 29 were covered by that agreement. The provisions of this 143 30 subsection shall not operate to reduce any retirement benefits 143 31 an employee may have earned under other collective bargaining 143 32 agreements or retirement programs. 143 33 8. For costs associated with the training and equipment 143 34 needs of volunteer fire fighters and for not more than the 143 35 following full-time equivalent position: 144 1 .................................................. $ 544,826 144 2 ............................................... FTEs 1.00 144 3 Notwithstanding section 8.33, moneys appropriated in this 144 4 subsection that remain unobligated or unexpended at the close 144 5 of the fiscal year shall not revert but shall remain available 144 6 for expenditure only for the purpose designated in this 144 7 subsection until the close of the succeeding fiscal year. 144 8 Sec. 166. POSTING OF REPORTS IN ELECTRONIC FORMAT – 144 9 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 144 10 required to be provided to the legislative fiscal bureau in 144 11 this division for the fiscal year beginning July 1, 2002, 144 12 shall be provided in an electronic format. The legislative 144 13 fiscal bureau shall post the reports on its internet site and 144 14 shall notify by electronic means all the members of the joint 144 15 appropriations subcommittee on the justice system when a 144 16 report is posted. Upon request, copies of the reports may be 144 17 mailed to members of the joint appropriations subcommittee on 144 18 the justice system. 144 19 Sec. 167. NEW SECTION. 99D.14A PAYMENT OF THE DIVISION 144 20 OF CRIMINAL INVESTIGATION COSTS. 144 21 A licensee shall pay a fee in an amount representing twenty 144 22 percent of the salary costs of the division of criminal 144 23 investigation of the department of public safety plus any 144 24 amount over thirty thousand dollars in direct and indirect 144 25 support costs, in addition to that assessed under section 144 26 99D.14, subsection 7, for enforcement of this chapter. The 144 27 fees assessed in this section shall be deposited in the 144 28 general fund of the state. 144 29 Sec. 168. Section 99F.4A, subsection 8, Code 2001, is 144 30 amended to read as follows: 144 31 8. A licensee shall pay a fee in an amount representing 144 32eightyone hundred percent of the salary and other related 144 33 costs of the division of criminal investigation of the 144 34 department of public safety for enforcement of this chapter. 144 35 Sec. 169. NEW SECTION. 99F.10A PAYMENT OF THE DIVISION 145 1 OF CRIMINAL INVESTIGATION COSTS. 145 2 A licensee shall pay twenty percent of the division's 145 3 salary costs for special agents and twenty percent of the 145 4 division's salary costs for gaming enforcement plus any amount 145 5 over one hundred twenty-five thousand dollars in direct and 145 6 indirect support costs, in addition to that assessed under 145 7 section 99F.10, subsection 4. The costs assessed in this 145 8 section shall be deposited in the general fund of the state. 145 9 Sec. 170. 1998 Iowa Acts, chapter 1101, section 15, 145 10 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 145 11 section 25, as amended by 2000 Iowa Acts, chapter 1229, 145 12 section 25, and as amended by 2001 Iowa Acts, chapter 186, 145 13 section 21, is amended to read as follows: 145 14 2. a. There is appropriated from surcharge moneys 145 15 received by the E911 administrator and deposited into the 145 16 wireless E911 emergency communications fund, for each fiscal 145 17 year in the fiscal period beginning July 1, 1998, and ending 145 18 June 30,20022003, an amount not to exceed two hundred 145 19 thousand dollars to be used for the implementation, support, 145 20 and maintenance of the functions of the E911 administrator. 145 21 The amount appropriated in this paragraph includes any amounts 145 22 necessary to reimburse the division of emergency management of 145 23 the department of public defense pursuant to paragraph "b". 145 24 b. Notwithstanding the distribution formula in section 145 25 34A.7A, as enacted in this Act, and prior to any such 145 26 distribution, of the initial surcharge moneys received by the 145 27 E911 administrator and deposited into the wireless E911 145 28 emergency communications fund, for each fiscal year in the 145 29 fiscal period beginning July 1, 1998, and ending June 30,2002145 30 2003, an amount is appropriated to the division of emergency 145 31 management of the department of public defense as necessary to 145 32 reimburse the division for amounts expended for the 145 33 implementation, support, and maintenance of the E911 145 34 administrator, including the E911 administrator's salary. 145 35 Sec. 171. 2001 Iowa Acts, chapter 186, section 6, 146 1 subsection 6, is amended by striking the subsection. 146 2 Sec. 172. EFFECTIVE DATES. 146 3 1. Except as otherwise provided by this section, this 146 4 division of this Act takes effect July 1, 2002. 146 5 2. The section of this division of this Act striking 2001 146 6 Iowa Acts, chapter 186, section 6, subsection 6, being deemed 146 7 of immediate importance, takes effect upon enactment. 146 8 3. The section of this Act amending 1998 Iowa Acts, 146 9 chapter 1101, section 15, as amended, being deemed of 146 10 immediate importance, takes effect upon enactment. 146 11 DIVISION VIII 146 12 JUDICIAL BRANCH 146 13 Sec. 173. JUDICIAL BRANCH. There is appropriated from the 146 14 general fund of the state to the judicial branch for the 146 15 fiscal year beginning July 1, 2002, and ending June 30, 2003, 146 16 the following amount, or so much thereof as is necessary, to 146 17 be used for the purposes designated: 146 18 For salaries of supreme court justices, appellate court 146 19 judges, district court judges, district associate judges, 146 20 judicial magistrates and staff, state court administrator, 146 21 clerk of the supreme court, district court administrators, 146 22 clerks of the district court, juvenile court officers, board 146 23 of law examiners and board of examiners of shorthand reporters 146 24 and judicial qualifications commission, receipt and 146 25 disbursement of child support payments, reimbursement of the 146 26 auditor of state for expenses incurred in completing audits of 146 27 the offices of the clerks of the district court during the 146 28 fiscal year beginning July 1, 2002, and maintenance, 146 29 equipment, and miscellaneous purposes: 146 30 .................................................. $111,356,002 146 31 1. The judicial branch, except for purposes of internal 146 32 processing, shall use the current state budget system, the 146 33 state payroll system, and the Iowa finance and accounting 146 34 system in administration of programs and payments for 146 35 services, and shall not duplicate the state payroll, 147 1 accounting, and budgeting systems. 147 2 2. The judicial branch shall submit monthly financial 147 3 statements to the legislative fiscal bureau and the department 147 4 of management containing all appropriated accounts in the same 147 5 manner as provided in the monthly financial status reports and 147 6 personal services usage reports of the department of revenue 147 7 and finance. The monthly financial statements shall include a 147 8 comparison of the dollars and percentage spent of budgeted 147 9 versus actual revenues and expenditures on a cumulative basis 147 10 for full-time equivalent positions and dollars. 147 11 3. The judicial branch shall continue to assist in the 147 12 development and implementation of a justice data warehouse 147 13 which shall include in the Iowa court information system, 147 14 starting with appointments of counsel made on or after July 1, 147 15 1999, the means to identify any case where the court has 147 16 determined indigence, and whether the case is handled by a 147 17 public defender or other court-appointed counsel. 147 18 4. Of the funds appropriated in this section, not more 147 19 than $1,897,728 may be transferred into the revolving fund 147 20 established pursuant to section 602.1302, subsection 3, to be 147 21 used for the payment of jury and witness fees and mileage. 147 22 5. The judicial branch shall focus efforts upon the 147 23 collection of delinquent fines, penalties, court costs, fees, 147 24 surcharges, or similar amounts. 147 25 6. It is the intent of the general assembly that the 147 26 offices of the clerks of the district court operate in all 147 27 ninety-nine counties and be accessible to the public as much 147 28 as is reasonably possible in order to address the relative 147 29 needs of the citizens of each county. 147 30 7. In addition to the requirements for transfers under 147 31 section 8.39, the judicial branch shall not change the 147 32 appropriations from the amounts appropriated to the branch in 147 33 this Act, unless notice of the revisions is given prior to 147 34 their effective date to the legislative fiscal bureau. The 147 35 notice shall include information on the branch's rationale for 148 1 making the changes and details concerning the work load and 148 2 performance measures upon which the changes are based. 148 3 8. The judicial branch shall provide to the legislative 148 4 fiscal bureau by January 15, 2003, an annual report concerning 148 5 the operation and use of the Iowa court information system and 148 6 any recommendations to improve the utilization of the system. 148 7 The annual report shall include information specifying the 148 8 amounts of fines, surcharges, and court costs collected using 148 9 the system and how the system is used to improve the 148 10 collection process. In addition, the judicial branch shall 148 11 submit a semiannual update to the legislative fiscal bureau 148 12 specifying the amounts of fines, surcharges, and court costs 148 13 collected using the Iowa court information system since the 148 14 last report. The judicial branch shall continue to facilitate 148 15 the sharing of vital sentencing and other information with 148 16 other state departments and governmental agencies involved in 148 17 the criminal justice system through the Iowa court information 148 18 system. 148 19 9. The judicial branch shall provide a report to the 148 20 general assembly by January 1, 2003, concerning the amounts 148 21 received and expended from the enhanced court collections fund 148 22 created in section 602.1304 and the court technology and 148 23 modernization fund created in section 602.8108, subsection 5, 148 24 during the fiscal year beginning July 1, 2001, and ending June 148 25 30, 2002, and the plans for expenditures from each fund during 148 26 the fiscal year beginning July 1, 2002, and ending June 30, 148 27 2003. A copy of the report shall be provided to the 148 28 legislative fiscal bureau. 148 29 10. The judicial branch shall continue to provide criminal 148 30 justice data to the department of corrections for use by the 148 31 Iowa corrections offender network (ICON) data system. 148 32 Sec. 174. JUDICIAL RETIREMENT FUND. There is appropriated 148 33 from the general fund of the state to the judicial retirement 148 34 fund for the fiscal year beginning July 1, 2002, and ending 148 35 June 30, 2003, the following amount, or so much thereof as is 149 1 necessary, to be used for the purpose designated: 149 2 Notwithstanding section 602.9104, for the state's 149 3 contribution to the judicial retirement fund in the amount of 149 4 9.9 percent of the basic salaries of the judges covered under 149 5 chapter 602, article 9: 149 6 .................................................. $ 2,039,664 149 7 Sec. 175. POSTING OF REPORTS IN ELECTRONIC FORMAT – 149 8 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 149 9 required to be provided by the judicial branch for fiscal year 149 10 2002-2003 to the legislative fiscal bureau shall be provided 149 11 in an electronic format. The legislative fiscal bureau shall 149 12 post the reports on its internet site and shall notify by 149 13 electronic means all the members of the joint appropriations 149 14 subcommittee on the justice system when a report is posted. 149 15 Upon request, copies of the reports may be mailed to members 149 16 of the joint appropriations subcommittee on the justice 149 17 system. 149 18 Sec. 176. CLERK OF COURT – STUDY COMMITTEE. The supreme 149 19 court shall establish a study committee for the purpose of 149 20 providing findings and recommendations to the court in order 149 21 for the court to submit a report to the general assembly by 149 22 December 15, 2002, regarding the efficient operation and 149 23 management of the clerks of courts offices in every county of 149 24 the state. The study committee shall include representatives 149 25 of key court stakeholder groups including but not limited to, 149 26 members of the general public, legislators, county and city 149 27 officials, court employees, clerks of court, judges, and 149 28 attorneys representing both urban and rural areas of the 149 29 state. The court shall include interested associations and 149 30 public agencies who request the opportunity to have input into 149 31 the work of the study committee. The committee shall issue a 149 32 report to the court which includes the committee's findings 149 33 and recommendations of how to improve the operation and 149 34 management of clerk of court offices under the present 149 35 statutory framework of one clerk of court office per county. 150 1 The supreme court shall submit its report to the general 150 2 assembly after consideration of the study committee's findings 150 3 and recommendations. 150 4 Sec. 177. APPOINTMENT OF CLERK OF COURT. Up until such 150 5 time the supreme court submits its clerk of court study 150 6 committee report to the general assembly and notwithstanding 150 7 section 602.1215, the appointment of a clerk of the district 150 8 court shall not occur unless the state court administrator 150 9 approves the appointment. 150 10 Sec. 178. EFFECTIVE DATE. This division of this Act takes 150 11 effect July 1, 2002. 150 12 DIVISION IX 150 13 STANDING APPROPRIATIONS – REDUCTIONS 150 14 Sec. 179. 2002 Iowa Acts, Senate File 2326, section 168, 150 15 is amended to read as follows: 150 16 SEC. 168. GENERAL ASSEMBLY. The appropriations made 150 17 pursuant to section 2.12 for the expenses of the general 150 18 assembly and legislative agencies for the fiscal year 150 19 beginning July 1, 2002, and ending June 30, 2003, are reduced 150 20 by the following amount: 150 21 .................................................. $744,947150 22 1,828,845 150 23 Sec. 180. 2002 Iowa Acts, Senate File 2326, section 169, 150 24 is amended to read as follows: 150 25 SEC. 169. STATE APPEAL BOARD CLAIMS. Notwithstanding the 150 26 standing appropriations in section 25.2, subsection 3, the 150 27 amount appropriated from the general fund of the state under 150 28 section 25.2, subsection 3, to the state appeal board to pay 150 29 claims against the state for the fiscal year beginning July 1, 150 30 2002, and ending June 30, 2003, is reduced by the following 150 31 amount: 150 32 .................................................. $2,500,000150 33 3,000,000 150 34 STANDING APPROPRIATIONS – LIMITATIONS 150 35 Sec. 181. 2002 Iowa Acts, Senate File 2326, section 175, 151 1 subsections 6, 7, 9, 10, and 11, are amended to read as 151 2 follows: 151 3 6. For the personal property tax replacement program under 151 4 section 405A.8: 151 5 .................................................. $52,251,176151 6 51,101,650 151 7 7. For the payment of franchise tax allocations to cities 151 8 and counties under section 405A.10: 151 9 .................................................. $8,168,952151 10 7,989,235 151 11 9. For payment of livestock production credit refunds 151 12 under section 422.121: 151 13 .................................................. $1,856,580151 14 1,815,735 151 15 10. For reimbursement for the homestead property tax 151 16 credit under section 425.1: 151 17 .................................................. $107,960,127151 18 105,585,004 151 19 11. For reimbursement for the agricultural land and family 151 20 farm tax credits under section 426.1: 151 21 .................................................. $36,296,139151 22 35,497,624 151 23 Sec. 182. 2002 Iowa Acts, Senate File 2326, section 176, 151 24 is amended to read as follows: 151 25 SEC. 176. ELDERLY AND DISABLED CREDIT. Notwithstanding 151 26 the standing appropriation in section 425.39, the amount 151 27 appropriated from the general fund of the state under section 151 28 425.39, for the fiscal year beginning July 1, 2002, and ending 151 29 June 30, 2003, for purposes of implementing the elderly and 151 30 disabled credit and reimbursement portion of the extraordinary 151 31 property tax and reimbursement division of chapter 425, shall 151 32 not exceed $16,152,24615,796,897. The director shall pay, in 151 33 full, all claims to be paid during the fiscal year beginning 151 34 July 1, 2002, for reimbursement of rent constituting property 151 35 taxes paid. If the amount of claims for credit for property 152 1 taxes due to be paid during the fiscal year beginning July 1, 152 2 2002, exceeds the amount remaining after payment to renters, 152 3 the director of revenue and finance shall prorate the payments 152 4 to the counties for the property tax credit. In order for the 152 5 director to carry out the requirements of this section, 152 6 notwithstanding any provision to the contrary in sections 152 7 425.16 through 425.39, claims for reimbursement for rent 152 8 constituting property taxes paid filed before May 1, 2003, 152 9 shall be eligible to be paid in full during the fiscal year 152 10 ending June 30, 2003, and those claims filed on or after May 152 11 1, 2003, shall be eligible to be paid during the fiscal year 152 12 beginning July 1, 2003, and the director is not required to 152 13 make payments to counties for the property tax credit before 152 14 June 15, 2003. 152 15 Sec. 183. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 2002 152 16 Iowa Acts, Senate File 2326, section 175, subsection 14, is 152 17 amended by striking the subsection. 152 18 Sec. 184. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 152 19 Notwithstanding section 312.2, subsection 14, the amount 152 20 appropriated from the general fund of the state under section 152 21 312.2, subsection 14, to the state department of 152 22 transportation for public transit assistance under chapter 152 23 324A for the fiscal year beginning July 1, 2002, and ending 152 24 June 30, 2003, is reduced by the following amount: 152 25 .................................................. $ 1,298,675 152 26 REVENUE ADJUSTMENTS – TRANSFERS 152 27 Sec. 185. DEPRECIATION FUND. Notwithstanding section 152 28 18.120, there is transferred from the depreciation fund 152 29 created in section 18.120 for the purchase of replacement 152 30 motor vehicles and additions to the fleet, to the general fund 152 31 of the state for the fiscal year beginning July 1, 2002, and 152 32 ending June 30, 2003, the following amount: 152 33 .................................................. $ 2,200,000 152 34 Sec. 186. GROUNDWATER PROTECTION FUND – AGRICULTURE 152 35 MANAGEMENT ACCOUNT. Notwithstanding section 455E.11, 153 1 subsection 2, paragraph "b", there is transferred from the 153 2 agriculture management account of the groundwater protection 153 3 fund created pursuant to section 455E.11, subsection 2, 153 4 paragraph "b", to the general fund of the state during the 153 5 fiscal year beginning July 1, 2002, and ending June 30, 2003, 153 6 the following amount from those moneys appropriated for the 153 7 Leopold center for sustainable agriculture: 153 8 .................................................. $ 1,000,000 153 9 Sec. 187. JURY AND WITNESS FEES FUND. Notwithstanding 153 10 section 602.1302, there is transferred from the revolving fund 153 11 created in section 602.1302, for the purpose of paying jury 153 12 and witness fees and mileage by the judicial branch, to the 153 13 general fund of the state for the fiscal year beginning July 153 14 1, 2002, and ending June 30, 2003, the following amount: 153 15 .................................................. $ 1,000,000 153 16 Sec. 188. REBUILD IOWA INFRASTRUCTURE FUND. 153 17 Notwithstanding section 8.57, subsection 5, paragraph "e", 153 18 there is transferred from wagering tax revenues, in excess of 153 19 the moneys to be deposited in the general fund of the state, 153 20 the vision Iowa fund, and the school infrastructure fund as 153 21 provided in section 8.57, subsection 5, paragraph "e", to the 153 22 general fund of the state for the fiscal year beginning July 153 23 1, 2002, and ending June 30, 2003, the following amount: 153 24 .................................................. $ 15,496,600 153 25 Sec. 189. ENVIRONMENT FIRST FUND. Notwithstanding section 153 26 8.57A, subsection 3, there is transferred from the environment 153 27 first fund created in section 8.57A to the general fund of the 153 28 state for the fiscal year beginning July 1, 2002, and ending 153 29 June 30, 2003, the following amount: 153 30 .................................................. $ 18,445,000 153 31 Sec. 190. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT. 153 32 Notwithstanding 2001 Iowa Acts, chapter 174, section 1, there 153 33 is transferred from the endowment for Iowa's health account of 153 34 the tobacco settlement trust fund created in section 12E.12 to 153 35 the general fund of the state for the fiscal year beginning 154 1 July 1, 2002, and ending June 30, 2003, the following amount: 154 2 .................................................. $ 9,000,000 154 3 Sec. 191. 2002 Iowa Acts, House File 2613, section 2, 154 4 subsection 1, is amended to read as follows: 154 5 1. To supplement the medical assistance appropriation and 154 6 to provide reimbursement for health care services and rent 154 7 expenses to eligible persons through the home and community- 154 8 based services waiver and the state supplementary assistance 154 9 program, including program administration and data system 154 10 costs associated with implementation, salaries, support, 154 11 maintenance, and miscellaneous purposes and for not more than 154 12 the following full-time equivalent positions: 154 13 .................................................. $21,733,406154 14 37,733,406 154 15 ............................................... FTEs 5.00 154 16 Sec. 192. EFFECTIVE DATE. This division of this Act takes 154 17 effect July 1, 2002. 154 18 DIVISION X 154 19 CAPITALS AND INFRASTRUCTURE 154 20 SCHOOL INFRASTRUCTURE FUND – SALES AND SERVICES TAX FUND 154 21 Sec. 193. SCHOOL INFRASTRUCTURE FUND. 154 22 1. Notwithstanding section 12.82, subsection 1, and 154 23 section 292.2, there is appropriated from the school 154 24 infrastructure fund created in section 12.82 to the director 154 25 of revenue and finance for the fiscal year beginning July 1, 154 26 2002, and ending June 30, 2003, the following amount to be 154 27 used for the purpose designated: 154 28 For deposit by the director into the school district 154 29 accounts in the local sales and services tax fund, as created 154 30 in section 422B.10, subsection 1, of those counties that have 154 31 imposed a local sales and services tax for school 154 32 infrastructure purposes under chapter 422E: 154 33 .................................................. $ 22,000,000 154 34 2. The portion of the amount appropriated in subsection 1 154 35 that shall be deposited into each school district account 155 1 equals the ratio that the amount of local sales and services 155 2 tax for school infrastructure purposes revenue deposited into 155 3 that account during the fiscal year beginning July 1, 2001, 155 4 and ending June 30, 2002, bears to the total amount of local 155 5 sales and services tax for school infrastructure purposes 155 6 revenue deposited into all accounts during the fiscal year 155 7 beginning July 1, 2001, and ending June 30, 2002. 155 8 Sec. 194. COUNTY SALES AND SERVICES TAX FUND. 155 9 1. Notwithstanding section 422E.1, there is transferred to 155 10 the general fund of the state from the school district 155 11 accounts in the county sales and services tax fund, as created 155 12 in section 422B.10, subsection 1, of those counties that have 155 13 imposed a local sales and services tax for school 155 14 infrastructure purposes under chapter 422E, for the fiscal 155 15 year beginning July 1, 2002, and ending June 30, 2003, the 155 16 following amount: 155 17 .................................................. $ 22,000,000 155 18 2. The portion of the amount transferred in subsection 1 155 19 that shall be transferred from each school district account 155 20 equals the ratio that the amount of local sales and services 155 21 tax for school infrastructure purposes revenue deposited into 155 22 that account during the fiscal year beginning July 1, 2001, 155 23 and ending June 30, 2002, bears to the total amount of local 155 24 sales and services tax for school infrastructure purposes 155 25 revenue deposited in all accounts during the fiscal year 155 26 beginning July 1, 2001, and ending June 30, 2002. 155 27 REBUILD IOWA INFRASTRUCTURE FUND 155 28 Sec. 195. 2002 Iowa Acts, House File 2614, section 10, 155 29 subsection 1, unnumbered paragraph 1, is amended to read as 155 30 follows: 155 31 For allocation to the university of northern Iowa for 155 32 developing a 21st century learning initiative, notwithstanding 155 33 section 8.57, subsection 5, paragraph "c": 155 34 .................................................. $800,000155 35 0 156 1 Sec. 196. 2002 Iowa Acts, House File 2614, section 10, 156 2 subsection 3, paragraph a, unnumbered paragraph 1, is amended 156 3 to read as follows: 156 4 For historical site preservation grants, to be used for the 156 5 restoration, preservation, and development of historical 156 6 sites: 156 7 .................................................. $800,000156 8 0 156 9 Sec. 197. 2002 Iowa Acts, House File 2614, section 10, 156 10 subsection 3, paragraph b, is amended to read as follows: 156 11 b. For continuation of the project recommended by the Iowa 156 12 battle flag advisory committee to stabilize the condition of 156 13 the battle flag collection, notwithstanding section 8.57, 156 14 subsection 5, paragraph "c": 156 15 .................................................. $150,000156 16 100,000 156 17 Sec. 198. 2002 Iowa Acts, House File 2614, section 10, 156 18 subsection 4, paragraphs a and b, are amended to read as 156 19 follows: 156 20 a. For deposit in the local housing assistance program 156 21 fund created in section 15.354, notwithstanding section 8.57, 156 22 subsection 5, paragraph "c": 156 23 .................................................. $800,000156 24 0 156 25 b. For deposit in the rural enterprise fund to be used for 156 26 the dry fire hydrant and rural water supply education and 156 27 demonstration project, notwithstanding section 8.57, 156 28 subsection 5, paragraph "c": 156 29 .................................................. $100,000156 30 0 156 31 Sec. 199. 2002 Iowa Acts, House File 2614, section 10, 156 32 subsection 5, paragraphs a and b, are amended to read as 156 33 follows: 156 34 a. To provide resources for structural and technological 156 35 improvements to local libraries, notwithstanding section 8.57, 157 1 subsection 5, paragraph "c": 157 2 .................................................. $600,000157 3 0 157 4 b. For the community college vocational-technical 157 5 technology improvement program authorized in chapter 260A, 157 6 notwithstanding section 8.57, subsection 5, paragraph "c": 157 7 .................................................. $3,000,000157 8 0 157 9 Sec. 200. 2002 Iowa Acts, House File 2614, section 10, 157 10 subsection 5, paragraph c, unnumbered paragraph 1, is amended 157 11 to read as follows: 157 12 For school improvement technology block grants, 157 13 notwithstanding section 8.57, subsection 5, paragraph "c", and 157 14 notwithstanding section 256D.5, subsection 2, Code 2001: 157 15 .................................................. $5,770,600157 16 0 157 17 Sec. 201. 2002 Iowa Acts, House File 2614, section 10, 157 18 subsection 5, paragraph d, is amended to read as follows: 157 19 d. For completion of the electronic data interchange 157 20 project known as project EASIER, notwithstanding section 8.57, 157 21 subsection 5, paragraph "c": 157 22 .................................................. $150,000157 23 0 157 24 Sec. 202. 2002 Iowa Acts, House File 2614, section 10, 157 25 subsection 6, paragraph a, unnumbered paragraph 1, is amended 157 26 to read as follows: 157 27 For routine maintenance of state buildings and facilities 157 28 under the purview of the department, notwithstanding section 157 29 8.57, subsection 5, paragraph "c": 157 30 .................................................. $2,000,000157 31 0 157 32 Sec. 203. 2002 Iowa Acts, House File 2614, section 10, 157 33 subsection 7, unnumbered paragraph 1, is amended to read as 157 34 follows: 157 35 For automation of child abuse intake reports, 158 1 notwithstanding section 8.57, subsection 5, paragraph "c": 158 2 .................................................. $154,267158 3 0 158 4 Sec. 204. 2002 Iowa Acts, House File 2614, section 10, 158 5 subsection 9, paragraph a, unnumbered paragraph 1, is amended 158 6 to read as follows: 158 7 For data warehouse projects, notwithstanding section 8.57, 158 8 subsection 5, paragraph "c": 158 9 .................................................. $1,000,000158 10 624,000 158 11 Sec. 205. 2002 Iowa Acts, House File 2614, section 10, 158 12 subsection 9, paragraph b, unnumbered paragraph 1, is amended 158 13 to read as follows: 158 14 For additional technology projects, as determined by the 158 15 department, notwithstanding section 8.57, subsection 5, 158 16 paragraph "c": 158 17 .................................................. $545,733158 18 0 158 19 Sec. 206. 2002 Iowa Acts, House File 2614, section 10, 158 20 subsection 11, unnumbered paragraph 1, is amended to read as 158 21 follows: 158 22 To replace the voter registration system, notwithstanding 158 23 section 8.57, subsection 5, paragraph "c": 158 24 .................................................. $350,000158 25 0 158 26 ENVIRONMENT FIRST FUND 158 27 Sec. 207. 2002 Iowa Acts, House File 2614, section 20, 158 28 subsection 1, paragraphs c and d, are amended to read as 158 29 follows: 158 30 c. For continuation of a statewide voluntary farm 158 31 management demonstration program to demonstrate the 158 32 effectiveness and adaptability of emerging practices in 158 33 agronomy that protect water resources and provide other 158 34 environmental benefits emphasizing nitrogen, phosphorus, and 158 35 manure management: 159 1 .................................................. $850,000159 2 500,000 159 3 d. For deposit in the alternative drainage system 159 4 assistance fund created in section 159.29A to be used for 159 5 purposes of supporting the alternative drainage system 159 6 assistance program as provided in section 159.29B: 159 7 .................................................. $1,500,000159 8 0 159 9 Sec. 208. 2002 Iowa Acts, House File 2614, section 20, 159 10 subsection 1, paragraph e, unnumbered paragraph 1, is amended 159 11 to read as follows: 159 12 To provide financial assistance for the establishment of 159 13 permanent soil and water conservation practices: 159 14 .................................................. $7,500,000159 15 3,500,000 159 16 Sec. 209. 2002 Iowa Acts, House File 2614, section 20, 159 17 subsection 1, paragraphs f, g, and h, are amended to read as 159 18 follows: 159 19 f. To encourage and assist farmers in enrolling in the 159 20 continuous sign-up federal conservation reserve program and 159 21 work with them to enhance their revegetation efforts to 159 22 improve water quality and habitat: 159 23 .................................................. $1,500,000159 24 0 159 25 g. For deposit in the loess hills development and 159 26 conservation fund created in section 161D.2: 159 27 .................................................. $750,000159 28 0 159 29Of the amount appropriated to the loess hills development159 30and conservation fund in this paragraph "g", $650,000 shall be159 31allocated to the hungry canyons account, and $100,000 shall be159 32allocated to the loess hills alliance account.159 33 h. For allocation to the southern Iowa development and 159 34 conservation authority for protection of road structures: 159 35 .................................................. $250,000160 1 0 160 2 Sec. 210. 2002 Iowa Acts, House File 2614, section 20, 160 3 subsection 2, unnumbered paragraph 1, is amended to read as 160 4 follows: 160 5 For deposit in the brownfield redevelopment fund created in 160 6 section 15.293 to provide assistance under the brownfield 160 7 redevelopment program: 160 8 .................................................. $1,000,000160 9 0 160 10 Sec. 211. 2002 Iowa Acts, House File 2614, section 20, 160 11 subsection 3, paragraphs a and d, are amended to read as 160 12 follows: 160 13 a. To provide local watershed managers with geographic 160 14 information system data for their use in developing, 160 15 monitoring, and displaying results of their watershed work: 160 16 .................................................. $195,000160 17 0 160 18 d. For the dredging of lakes, including necessary 160 19 preparation for dredging, in accordance with the department's 160 20 classification of Iowa lakes restoration report: 160 21 .................................................. $1,250,000160 22 350,000 160 23 It is the intent of the general assembly that the 160 24 department shall consider the following criteria for funding 160 25 lake dredging projects as provided in this paragraph "d", and 160 26 shall prioritize projects based on the following: 160 27 (1) Documented efforts to address watershed protection, 160 28 considering testing, conservation efforts, and amount of time 160 29 devoted to watershed protection. 160 30 (2) Protection of a natural resource and natural habitat. 160 31 (3) Percentage of public access and undeveloped lakefront 160 32 property. 160 33 (4) Continuation of current projects partially funded by 160 34 state resources to achieve department recommendations. 160 35 Sec. 212. 2002 Iowa Acts, House File 2614, section 21, is 161 1 amended to read as follows: 161 2 SEC. 21. Notwithstanding the amount of the standing 161 3 appropriation from the general fund of the state under section 161 4 455A.18, subsection 3, there is appropriated from the 161 5 environment first fund to the Iowa resources enhancement and 161 6 protection fund, in lieu of the appropriation made in section 161 7 455A.18, for the fiscal year beginning July 1, 2002, and 161 8 ending June 30, 2003, the following amount, to beallocated as161 9provided inused for the purposes designated, notwithstanding 161 10 section 455A.19: 161 11 For reimbursement of political subdivisions of the state 161 12 for property tax dollars lost to open space acquisitions based 161 13 on the reimbursement formula provided in section 465A.4, for 161 14 contractual obligations for capital projects relating to 161 15 natural resource areas, and for maintenance of state lands 161 16 owned by the department of natural resources: 161 17 .................................................. $10,000,000161 18 2,000,000 161 19The funds allocated to the land management and open spaces161 20accounts form the appropriation in this section may be used161 21for park operation purposes.161 22 Sec. 213. EFFECTIVE DATES. 161 23 1. Except as otherwise provided in subsection 2, this 161 24 division of this Act takes effect July 1, 2002. 161 25 2. The sections of this division of this Act appropriating 161 26 moneys from the school infrastructure fund and transferring 161 27 moneys from the county sales and services tax fund shall take 161 28 effect on July 31, 2002, only if the treasurer of state 161 29 determines that the appropriation from the school 161 30 infrastructure fund of this division of this Act will not 161 31 adversely affect the tax-exempt status of any outstanding 161 32 bonds issued for purposes of the school infrastructure program 161 33 established in section 292.2. The treasurer of state shall 161 34 notify the Code editor of the treasurer's determination under 161 35 this subsection by July 31, 2002. 162 1 DIVISION XI 162 2 STATE EMPLOYEES – PRINTED DOCUMENTS AND PROGRAM 162 3 ELIMINATION – FURLOUGHS – MISCELLANEOUS 162 4 Sec. 214. VACANT POSITIONS. Effective July 1, 2002, any 162 5 full-time equivalent position that is authorized in an 162 6 executive branch table of organization and has been vacant for 162 7 12 months or more shall be eliminated from the table of 162 8 organization. 162 9 Sec. 215. EDUCATIONAL ASSISTANCE. For the fiscal year 162 10 beginning July 1, 2002, and ending June 30, 2003, unless 162 11 specifically authorized by a collective bargaining agreement, 162 12 an executive or judicial branch agency shall not provide an 162 13 employee with a subsidy or reimbursement for a class or other 162 14 course of study leading to an advanced degree. 162 15 Sec. 216. PRINTED DOCUMENTS. Notwithstanding any 162 16 provision of law or rule to the contrary, as a cost savings 162 17 measure, for the fiscal year beginning July 1, 2002, and 162 18 ending June 30, 2003, the requirements in law or rule for the 162 19 executive and judicial branches to issue reports, minutes, and 162 20 other documents of an informational nature in printed form 162 21 shall be suspended. Such documents shall be provided in 162 22 printed form only in response to an individual request and, to 162 23 the extent possible, shall be made available by internet 162 24 posting, electronic mail, or other electronic means in lieu of 162 25 availability in printed form. 162 26 Sec. 217. PROGRAM ELIMINATION COMMISSION. 162 27 1. A program elimination commission is established to 162 28 review all programs and other functions funded in whole or 162 29 part with state or local government revenues, including but 162 30 not limited to general taxes and fees and special revenues 162 31 such as gaming and road use tax revenues. The commission 162 32 shall operate with the goal of identifying a 2 percent savings 162 33 for the general fund of the state. The commission's duties 162 34 shall include the following: 162 35 a. Review of state and local government programs and other 163 1 functions. 163 2 b. Consideration of sale of public assets or providing for 163 3 performance of public functions on behalf of government by 163 4 nongovernmental entities. The assets and functions considered 163 5 shall include the state nursery, department of general 163 6 services vehicle fleet, state medical library, prison farms, 163 7 and alcoholic beverage warehouse. 163 8 c. Identification of programs or functions recommended for 163 9 elimination or for performance by a nongovernmental entity. 163 10 d. Identification of public assets for sale. 163 11 e. Other duties assigned by the legislative council. 163 12 2. The program elimination commission shall consist of the 163 13 following members: 163 14 a. The auditor of state as a voting member. 163 15 b. Four voting members who have expertise with profit or 163 16 nonprofit enterprise in evaluating projects and determining 163 17 which projects should be continued or eliminated. Each of the 163 18 following shall appoint one of the four voting members: the 163 19 majority leader of the senate, the minority leader of the 163 20 senate, the speaker of the house of representatives, and the 163 21 minority leader of the house of representatives. 163 22 c. One nonvoting member representing the executive branch 163 23 appointed by the governor. 163 24 d. One nonvoting member representing the judicial branch 163 25 appointed by the chief justice of the supreme court. 163 26 e. One nonvoting member representing the legislative 163 27 branch appointed by the legislative council. 163 28 3. Staff support to the commission shall be provided by 163 29 the research staffs of the senate and house of 163 30 representatives, the legislative fiscal bureau, and the 163 31 legislative service bureau. In addition, the commission may 163 32 utilize other staff support made available to the commission. 163 33 4. The program elimination commission shall issue a report 163 34 on or before December 31, 2002, to the governor, supreme 163 35 court, and general assembly containing findings and 164 1 recommendations fulfilling the commission's duties. The 164 2 recommendations made by the commission shall be prepared in 164 3 the form of a bill by the legislative service bureau. It is 164 4 the intent of this section that the bill be referred to the 164 5 committees on state government of the senate and the house of 164 6 representatives. It is further the intent of this section 164 7 that the general assembly shall bring the bill to a vote under 164 8 a procedure or rule permitting no amendments except those of a 164 9 purely corrective nature recommended by a committee on state 164 10 government. 164 11 5. Unless otherwise continued by the legislative council 164 12 or by law, the program elimination commission shall be 164 13 dissolved on December 31, 2002. 164 14 Sec. 218. JUDICIAL BRANCH – FURLOUGHS. 164 15 1. The appropriations from the general fund of the state 164 16 to the judicial branch for operational costs for the fiscal 164 17 year beginning July 1, 2002, and ending June 30, 2003, are 164 18 reduced by the following amount: 164 19 .................................................. $ 2,201,399 164 20 2. In order to implement the reduction made in subsection 164 21 1, the judicial branch shall implement furloughs of judicial 164 22 branch employees other than justices, judges, and magistrates 164 23 or other cost reductions in a manner so as to produce cost 164 24 savings equivalent to a furlough of one-half day per employee 164 25 per calendar month. 164 26 3. As part of implementing the reduction made in 164 27 subsection 1, notwithstanding the annual salary rates 164 28 authorized for justices, judges, and magistrates in 2001 Iowa 164 29 Acts, chapter 190, section 1, and 2002 Iowa Acts, House File 164 30 2623, section 4, for the fiscal year beginning July 1, 2002, 164 31 those salary rates shall be reduced by applying a 2.5 percent 164 32 reduction to the portion of annual salary attributable to the 164 33 period beginning on June 21, 2002, through June 19, 2003. 164 34 Subsection 2 does not apply to justices, judges, and 164 35 magistrates subject to this subsection. 165 1 4. Notwithstanding the uses listed in section 602.1304, 165 2 subsection 2, paragraph "c", the judicial branch may use not 165 3 more than $1,000,000 of the moneys available to the judicial 165 4 branch in the enhanced court collections fund for the fiscal 165 5 year beginning July 1, 2002, to supplant the reduction made in 165 6 subsection 1 and thereby decrease the application of 165 7 subsections 2 and 3. Any such decrease involving employee 165 8 furloughs and salary reductions shall be applied 165 9 proportionately between subsections 2 and 3. 165 10 LEGISLATIVE BRANCH – FURLOUGHS 165 11 Sec. 219. APPROPRIATIONS REDUCTION. 165 12 1. The appropriations made from the general fund of the 165 13 state in section 2.12 to the general assembly for operational 165 14 costs for the fiscal year beginning July 1, 2002, and ending 165 15 June 30, 2003, shall be reduced by $392,858. The reduction in 165 16 this subsection shall be in addition to the reduction made in 165 17 2002 Iowa Acts, Senate File 2326, section 168, as amended in 165 18 division IX of this Act. 165 19 2. In order to implement the reduction made in subsection 165 20 1, the legislative branch shall implement furloughs of 165 21 legislative branch employees other than members of the general 165 22 assembly or other cost reductions in a manner so as to produce 165 23 cost savings equivalent to a furlough of one-half day per 165 24 employee per calendar month. 165 25 3. As part of implementing the reduction made in 165 26 subsection 1, notwithstanding the annual salary rates 165 27 authorized for members of the general assembly in section 165 28 2.10, the salary rates for such members shall be reduced by 165 29 applying a 2.5 percent reduction to the portion of annual 165 30 salary attributable to the period beginning June 21, 2002, 165 31 through June 19, 2003, as if the members were all paid a 165 32 salary under section 2.10, subsection 4, paragraph "a". 165 33 Subsection 2 does not apply to members of the general 165 34 assembly. 165 35 4. As part of the reduction made in subsection 1, it is 166 1 the intent of the general assembly to suspend the issuance of 166 2 documents of an informational nature in printed form and the 166 3 provision of a subsidy or reimbursement to an employee for a 166 4 class or other course of study leading to an advanced degree. 166 5 EXECUTIVE BRANCH – FURLOUGHS 166 6 Sec. 220. EXECUTIVE BRANCH. The appropriations made from 166 7 the general fund of the state to the departments and 166 8 establishments of the executive branch, as defined in section 166 9 8.2, including but not limited to the appropriations to the 166 10 state board of regents, for operational costs for the fiscal 166 11 year beginning July 1, 2002, and ending June 30, 2003, are 166 12 reduced by the following amount: 166 13 .................................................. $ 30,862,939 166 14 1. The department of management shall apply the reduction 166 15 made in accordance with this section in a manner so that the 166 16 portion of an appropriation for operational costs is reduced 166 17 in proportion to the amount that such costs in that 166 18 appropriation bear to the total amount of all such costs in 166 19 all appropriations from the general fund of the state to 166 20 executive branch departments and establishments. 166 21 2. In order to implement the reduction made in this 166 22 section, the departments and establishments shall implement 166 23 furloughs for those employees whose compensation is paid from 166 24 the general fund of the state or other cost reductions, in a 166 25 manner to produce cost savings equivalent to a furlough of 166 26 one-half day per employee per calendar month. 166 27 3. Notwithstanding the annual salary rates authorized for 166 28 elective executive branch officials in 2000 Iowa Acts, chapter 166 29 1219, section 3, as part of implementing the reduction made in 166 30 this section, for the fiscal year beginning July 1, 2002, the 166 31 salary rates for such officials shall be reduced by applying a 166 32 2.5 percent reduction to the portion of annual salary 166 33 attributable to the period beginning June 21, 2002, through 166 34 June 19, 2003. Subsection 2 does not apply to elective 166 35 executive branch officials subject to this subsection. 167 1 4. Notwithstanding the annual salaries established under 167 2 2001 Iowa Acts, chapter 190, section 3, as part of 167 3 implementing the reduction made in this section, for the 167 4 fiscal year beginning July 1, 2002, each of those salaries 167 5 shall be reduced by applying a 2.5 percent reduction to the 167 6 portion of the salary attributable to the period beginning 167 7 June 21, 2002, through June 19, 2003. Subsection 2 does not 167 8 apply to appointed executive branch officers subject to this 167 9 subsection. 167 10 Sec. 221. IMPLEMENTATION OF FURLOUGHS. Furloughs 167 11 implemented pursuant to this division shall not be implemented 167 12 in a manner which results in more than 25 percent of the 167 13 workforce within an agency division being on furlough at the 167 14 same time. 167 15 Sec. 222. 2001 Iowa Acts, chapter 176, section 20, 167 16 unnumbered paragraph 2, is amended to read as follows: 167 17 For allocation by the state board of regents to the state 167 18 university of Iowa, the Iowa state university of science and 167 19 technology, and the university of northern Iowa to finance or 167 20 pay debt service to pay debt to finance the cost of providing 167 21 academic and administrative buildings and facilities at the 167 22 institutions: 167 23 .................................................. $600,330167 24 600,860 167 25 Sec. 223. 2001 Iowa Acts, chapter 176, section 21, 167 26 unnumbered paragraph 2, is amended to read as follows: 167 27 For debt service for the Iowa communications network: 167 28 .................................................. $9,939,165167 29 9,940,000 167 30 Sec. 224. 2001 Iowa Acts, chapter 176, section 22, 167 31 unnumbered paragraph 2, is amended to read as follows: 167 32 For debt service for the Iowa communications network: 167 33 .................................................. $1,465,835167 34 1,465,443 167 35 Sec. 225. 2001 Iowa Acts, chapter 176, section 24, 168 1 unnumbered paragraph 2, is amended to read as follows: 168 2 For repayment of prison infrastructure bonds under section 168 3 16.177: 168 4 .................................................. $5,182,272168 5 5,182,089 168 6 Sec. 226. 2002 Iowa Acts, House File 2614, section 2, 168 7 unnumbered paragraph 2, is amended to read as follows: 168 8 For allocation by the state board of regents to the state 168 9 university of Iowa, the Iowa state university of science and 168 10 technology, and the university of northern Iowa to reimburse 168 11 the institutions for deficiencies in their operating funds 168 12 resulting from the pledging of tuitions, student fees and 168 13 charges, and institutional income to finance the cost of 168 14 providing academic and administrative buildings and facilities 168 15 and utility services at the institutions, notwithstanding 168 16 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 168 17 .................................................. $9,151,609168 18 9,127,635 168 19 Sec. 227. 2002 Iowa Acts, House File 2614, section 3, 168 20 unnumbered paragraph 2, is amended to read as follows: 168 21 For debt service for the Iowa communications network, 168 22 notwithstanding section 12E.12, subsection 1, paragraph "b", 168 23 subparagraph (1): 168 24 .................................................. $12,855,000168 25 13,044,784 168 26 Sec. 228. 2002 Iowa Acts, House File 2614, section 4, 168 27 unnumbered paragraph 2, is amended to read as follows: 168 28 For repayment of prison infrastructure bonds under section 168 29 16.177, notwithstanding section 12E.12, subsection 1, 168 30 paragraph "b", subparagraph (1): 168 31 .................................................. $5,185,576168 32 5,417,250 168 33 Sec. 229. Section 12E.12, Code Supplement 2001, is amended 168 34 by adding the following new subsection: 168 35 NEW SUBSECTION. 8. With respect to the payment of certain 169 1 debt service, the debt service to be paid shall be those 169 2 installments of debt service on bonds selected by the 169 3 treasurer of state and identified in the authority's tax 169 4 certificate delivered at the time of the issuance of the bonds 169 5 issued pursuant to this chapter, or as otherwise selected by 169 6 the treasurer of state. Once the bonds and the installments 169 7 of debt service thereon are so selected, that debt service and 169 8 bonds shall not be paid, or provided to be paid, from any 169 9 other source including the state or any of its departments or 169 10 agencies. 169 11 Sec. 230. Section 260G.4B, subsection 1, Code Supplement 169 12 2001, as amended by 2002 Iowa Acts, House File 2623, section 169 13 30, is amended to read as follows: 169 14 1. The total amount of program job credits from all 169 15 employers which shall be allocated for all accelerated career 169 16 education programs in the state in any one fiscal year shall 169 17 not exceed the sum of three million dollars in the fiscal year 169 18 beginning July 1, 2000, three million dollars in the fiscal 169 19 year beginning July 1, 2001,threefour million two hundred 169 20 thousand dollars in the fiscal year beginning July 1, 2002, 169 21 and six million dollars in the fiscal year beginning July 1, 169 22 2003, and every fiscal year thereafter. Any increase in 169 23 program job credits above the six-million-dollar limitation 169 24 per fiscal year shall be developed, based on recommendations 169 25 in a study which shall be conducted by the department of 169 26 economic development of the needs and performance of approved 169 27 programs in the fiscal years beginning July 1, 2000, and July 169 28 1, 2001. The study's findings and recommendations shall be 169 29 submitted to the general assembly by the department by 169 30 December 31, 2002. The study shall include but not be limited 169 31 to an examination of the quality of the programs, the number 169 32 of program participant placements, the wages and benefits in 169 33 program jobs, the level of employer contributions, the size of 169 34 participating employers, and employer locations. A community 169 35 college shall file a copy of each agreement with the 170 1 department of economic development. The department shall 170 2 maintain an annual record of the proposed program job credits 170 3 under each agreement for each fiscal year. Upon receiving a 170 4 copy of an agreement, the department shall allocate any 170 5 available amount of program job credits to the community 170 6 college according to the agreement sufficient for the fiscal 170 7 year and for the term of the agreement. When the total 170 8 available program job credits are allocated for a fiscal year, 170 9 the department shall notify all community colleges that the 170 10 maximum amount has been allocated and that further program job 170 11 credits will not be available for the remainder of the fiscal 170 12 year. Once program job credits have been allocated to a 170 13 community college, the full allocation shall be received by 170 14 the community college throughout the fiscal year and for the 170 15 term of the agreement even if the statewide program job credit 170 16 maximum amount is subsequently allocated and used. 170 17 Sec. 231. Section 422.11A, Code 2001, is amended by adding 170 18 the following new unnumbered paragraph: 170 19 NEW UNNUMBERED PARAGRAPH. The new jobs tax credit 170 20 authorized in this section shall only apply to an agreement 170 21 authorized under chapter 260E which was finalized prior to 170 22 July 1, 2002. 170 23 Sec. 232. Section 422.33, subsection 6, Code Supplement 170 24 2001, is amended by adding the following new unnumbered 170 25 paragraph: 170 26 NEW UNNUMBERED PARAGRAPH. The new jobs tax credit 170 27 authorized in this subsection shall only apply to an agreement 170 28 authorized under chapter 260E which was finalized prior to 170 29 July 1, 2002. 170 30 Sec. 233. EFFECTIVE DATE. 170 31 1. Except as provided in subsection 2, this division of 170 32 this Act takes effect July 1, 2002. 170 33 2. a. The sections of this division of this Act providing 170 34 for salary reductions in appropriations to the judicial, 170 35 legislative, and executive branches take effect June 21, 2002. 171 1 b. The sections of this division of this Act amending 2001 171 2 Iowa Acts, chapter 176, being deemed of immediate importance, 171 3 take effect upon enactment. 171 4 DIVISION XII 171 5 CORRECTIVE AMENDMENTS 171 6 GENERAL PROVISIONS 171 7 Sec. 234. Section 16.131, subsection 1, Code 2001, is 171 8 amended to read as follows: 171 9 1. The authority shall cooperate with the department of 171 10 natural resources in the creation, administration, and 171 11 financing of the Iowasewage treatmentwater pollution control 171 12 and drinking water facilities financing program established in 171 13 sections 455B.291 through 455B.299. 171 14 Sec. 235. Section 16.132, subsection 1, paragraph d, Code 171 15 2001, is amended to read as follows: 171 16 d. The amounts payable to the department bymunicipalities171 17or water systemseligible entities pursuant to loan agreements 171 18 withmunicipalities or water systemseligible entities. 171 19 Sec. 236. Section 124.401A, Code 2001, as amended by 2002 171 20 Iowa Acts, House File 2623, section 25, is affirmed and 171 21 reenacted. 171 22 Sec. 237. Section 124.409, Code 2001, as amended by 2002 171 23 Iowa Acts, House File 2623, section 26, is affirmed and 171 24 reenacted. 171 25 Sec. 238. Section 225C.5, subsection 1, paragraph d, Code 171 26 2001, as amended by 2002 Iowa Acts, House File 2430, section 171 27 1, is amended to read as follows: 171 28 d. One member shall beeitheran active board member of an 171 29 agency serving persons with a developmental disability 171 30 selected from nominees submitted by the Iowa association of 171 31 community providers. 171 32 Sec. 239. Section 237.16, subsection 3, Code 2001, is 171 33 amended to read as follows: 171 34 3. An employee of the department or of the department of 171 35 inspections and appeals, an employee of a child-placing 172 1 agency, an employee of an agency with which the department 172 2 contracts for services for children under foster care, a 172 3 foster parent providing foster care, or an employee of the 172 4 district court is not eligible to serve on the state board. 172 5 However, the judicial branch employee or judicial officer 172 6 appointed from nominees submitted by the judicial branch in 172 7 accordance with subsection 1 shall be eligible to serve on the 172 8 state board. 172 9 Sec. 240. Section 321J.22, subsection 2, paragraph d, Code 172 10 2001, as amended by 2002 Iowa Acts, House File 2515, section 172 11 37, is amended to read as follows: 172 12 d. The department of education shall establish reasonable 172 13 fees to defray the expense of obtaining classroom space, 172 14 instructor salaries, and class materials for courses offered 172 15 both by community colleges and by substance abuse treatment 172 16 programs licensed under chapter 125, and for administrative 172 17 expenses incurred by the department of education in 172 18 implementing subsection 5. 172 19 Sec. 241. Section 455B.133, subsection 10, as enacted by 172 20 2002 Iowa Acts, Senate File 2325, section 45, is amended to 172 21 read as follows: 172 22 10. Adopt rules allowing a city to conduct a controlled 172 23 burn of a demolished building subject to the same restrictions 172 24 as are in effect for fire fighting training fires. The rules 172 25 shall include a provision that a city may undertake no more 172 26 than three controlled burns in every overlapping six-tenths- 172 27 of-a-mile-radius circle every three years. The rules shall 172 28 prohibit a controlled burn of a demolished building in Cedar 172 29 Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des 172 30 Moines, West Des Moines, Clive, Windsor Heights, Urbandale, 172 31 Pleasant Hill, Buffalo, Davenport, Mason City or any other 172 32 area where area-specific state implementation plans require 172 33 the control of particulate matter. 172 34 Sec. 242. Section 456A.17, unnumbered paragraph 7, Code 172 35 2001, is amended to read as follows: 173 1 The department may apply for a loan for the construction of 173 2 facilities for the collection and treatment of waste water 173 3 under the statesewage treatment workswater pollution control 173 4 and drinking water facilities financing program as established 173 5 in sections 455B.291 through 455B.299. In order to provide 173 6 for the repayment of a loan granted under the financing 173 7 program, the commission may impose a lien on not more than ten 173 8 percent of the annual revenues from user fees and related 173 9 revenue derived from park and recreation areas under chapter 173 10 461A which are deposited in the state conservation fund. If a 173 11 lien is established as provided in this paragraph, repayment 173 12 of the loan is the first priority on the revenues received and 173 13 dedicated for the loan repayment each year. 173 14 Sec. 243. Section 724.26, Code 2001, as amended by 2002 173 15 Iowa Acts, House File 2363, section 4, and as amended by 2002 173 16 Iowa Acts, House File 2623, section 94, is affirmed and 173 17 reenacted. 173 18 Sec. 244. 2002 Iowa Acts, House File 2615, section 4, 173 19 unnumbered paragraph 3, is amended to read as follows: 173 20 Notwithstanding section 8.33, moneys appropriated under 173 21 this section that are unobligated or unencumbered at the end 173 22 of the fiscal year beginningJune 30July 1, 2002, and ending 173 23 June 30, 2003, shall not revert, but shall remain available 173 24 for the specific purposes designated in this section until 173 25 June 30, 2004. 173 26 Sec. 245. 2002 Iowa Acts, House File 2623, section 72, is 173 27 amended to read as follows: 173 28 SEC. 72. EFFECTIVE DATE. The provision of this division 173 29 of this Act amending 2001 Iowa Acts, chapter 191, section 14, 173 30 relating to the department of human services exceeding its 173 31 budget target for group foster care by up to twenty percent in 173 32 fiscal year 2001-2002, being deemed of immediate importance, 173 33 takes effect upon enactment. 173 34 Sec. 246. 2002 Iowa Acts, Senate File 2275, sections 13 173 35 and 182, are repealed. 174 1 ANIMAL FEEDING OPERATIONS 174 2 Sec. 247. Section 455B.127, subsection 3, as enacted by 174 3 2002 Iowa Acts, Senate File 2293, section 6, subsection 3, is 174 4 amended to read as follows: 174 5 3. Moneys in the compliance fund are appropriated to the 174 6 department exclusively to pay the expenses of the department 174 7 in administering and enforcing the provisions of division II, 174 8 part 2, and division III, part 1, subpartAB, as necessary to 174 9 ensure that animal feeding operations comply with all 174 10 applicable requirements of those provisions, including rules 174 11 adopted or orders issued by the department pursuant to those 174 12 provisions. The moneys shall not be transferred, used, 174 13 obligated, appropriated, or otherwise encumbered except as 174 14 provided in this subsection. The department shall not 174 15 transfer moneys from the compliance fund's assessment account 174 16 to another fund or account, including but not limited to the 174 17 fund's general account. 174 18 Sec. 248. Section 455B.161, subsection 22, Code 2001, is 174 19 amended by striking the subsection. 174 20 Sec. 249. Section 455B.171, subsection 13, Code 2001, is 174 21 amended by striking the subsection. 174 22 Sec. 250. Section 455B.200, subsection 3, as enacted by 174 23 2002 Iowa Acts, Senate File 2293, section 27, is amended to 174 24 read as follows: 174 25 3. The department and the attorney general shall enforce 174 26 the provisions of this chapter in the same manner as provided 174 27 in division I, unless otherwise provided in thissection174 28 chapter. 174 29 Sec. 251. Section 455B.200A, subsection 1, unnumbered 174 30 paragraph 1, as enacted by 2002 Iowa Acts, Senate File 2293, 174 31 section 28, is amended to read as follows: 174 32 The department shall approve or disapprove applications for 174 33 permits for the construction, including the expansion, of 174 34 confinement feeding operation structures, as provided by rules 174 35 adopted pursuant to this chapter. The department's decision 175 1 to approve or disapprove a permit for the construction of a 175 2 confinement feeding operation structure shall be based on 175 3 whether the application is submitted according to procedures 175 4 required by the department and the application meets standards 175 5 established by the department. A person shall not begin 175 6 construction of a confinement feeding operation structure 175 7 requiring a permit under this section, unless the department 175 8 first approves the person's application and issues to the 175 9 person a construction permit. The department shall provide 175 10 conditions for requiring when a person must obtain a 175 11 construction permit. 175 12 Sec. 252. Section 455B.200B, subsection 5, paragraph a, as 175 13 enacted by 2002 Iowa Acts, Senate File 2293, section 32, is 175 14 amended to read as follows: 175 15 a. The department shall designate by rule each one hundred 175 16 year floodplain in this state according to the location of the 175 17 one hundred year floodplain. A person shall not be prohibited 175 18 from constructing a confinement feeding operation structure on 175 19 a one hundred year floodplain unless the one hundred year 175 20 floodplain is designated by rule in accordance with this 175 21 subsection. 175 22 Sec. 253. Section 455B.200B, subsection 5, paragraph b, 175 23 subparagraphs (2) and (3), as enacted by 2002 Iowa Acts, 175 24 Senate File 2293, section 32, are amended to read as follows: 175 25 (2) The department shall provide in its declaratory order 175 26 or its approval or disapproval of a construction permit 175 27 application a determination regarding whether the confinement 175 28 feeding operation structure is to be located on a one hundred 175 29 year floodplain, whether the confinement feeding operation 175 30 structure may be constructed at the location, and any 175 31 conditions for the construction. 175 32 (3) This paragraph "b" is repealed on the effective date 175 33 that rules are adopted by the department pursuant to paragraph 175 34 "a". The department shall provide a caption on the adopted 175 35 rule as published in the Iowa administrative bulletin as 176 1 provided in section 17A.4, stating that this paragraph is 176 2 repealed as provided in this subparagraphsubdivision. The 176 3 director of the department shall deliver a copy of the adopted 176 4 rule to the Iowa Code editor. 176 5 Sec. 254. Section 455B.200C, subsection 2, paragraph c, as 176 6 enacted by 2002 Iowa Acts, Senate File 2293, section 33, is 176 7 amended to read as follows: 176 8 c. If a construction permit is required pursuant to 176 9 section 455B.200A for the construction of three or more 176 10 confinement feeding operation structures that include a formed 176 11 manure storage structure, thecontractorperson responsible 176 12 for constructing the formed manure storage structure must 176 13 provide that the construction of the formed manure storage 176 14 structure will not impede drainage through established 176 15 drainage tile lines which cross property boundary lines unless 176 16 measures are taken to reestablish the drainage prior to 176 17 completion of construction. 176 18 Sec. 255. Section 455B.200E, subsection 3, paragraph b, as 176 19 enacted by 2002 Iowa Acts, Senate File 2293, section 35, is 176 20 amended to read as follows: 176 21 b. The board must conduct an evaluation of the application 176 22 using the master matrix as provided in section 455B.200F. The 176 23 board's recommendation may be based on the master matrixas176 24providedor may be based on comments under this section 176 25 regardless of the results of the master matrix. 176 26 Sec. 256. Section 455B.203, subsection 2B, paragraph b, as 176 27 enacted by 2002 Iowa Acts, Senate File 2293, section 38, is 176 28 amended to read as follows: 176 29 b. The department shall not file a construction design 176 30 statement as provided in section 455B.200C, unless the owner 176 31 of the confinement feeding operation structure submits an 176 32 original manure management plan together with the construction 176 33 design statement. The construction design statement and 176 34 manure management plan may be submitted as part of an 176 35 application for a construction permit as provided in section 177 1 455B.200A. 177 2 Sec. 257. Section 455B.203, subsection 3, paragraph a, 177 3 subparagraph (2), unnumbered paragraph 1, as enacted by 2002 177 4 Iowa Acts, Senate File 2293, section 39, is amended to read as 177 5 follows: 177 6 Subparagraph subdivisions (b) through (e) and this 177 7 paragraph are repealed on the date that any person who has 177 8 submitted an original manure management plan prior to April 1, 177 9 2002, is required to submit a manure management plan update 177 10 which includes a phosphorus index as provided in subparagraph 177 11 subdivision(e)(e), subparagraph subdivision part (i). The 177 12 department shall publish a notice in the Iowa administrative 177 13 bulletin published immediately prior to that date, and the 177 14 director of the department shall deliver a copy of the notice 177 15 to the Iowa Code editor. 177 16 Sec. 258. 2002 Iowa Acts, Senate File 2293, section 66, is 177 17 amended to read as follows: 177 18 SEC. 66. INTERIM COUNTY PARTICIPATION AND CONTESTED 177 19 DECISIONS REPEAL. The section of this Act providing for 177 20 interim county participation in the approval of applications 177 21 for construction permits for confinement feeding operation 177 22 structures is repealed March 1, 2003,andincluding provisions 177 23 relating to the rights ofapplicants'applicants and boards of 177 24 supervisors to contest departmental decisions. However, the 177 25 provisions of the section shall continue to apply to 177 26 applications received by a county board of supervisors prior 177 27 to March 1, 2003. 177 28 Sec. 259. 2002 Iowa Acts, Senate File 2293, section 68, 177 29 subsection 1, paragraph c, is amended to read as follows: 177 30 c. Chapter 455B, division III, part 1, subpartAB, as 177 31 enacted in this Act, with the exception of section 455B.200, 177 32 as amended by this Act, and section 455B.207, as enacted by 177 33 this Act, shall be transferred to new chapter 456D, as 177 34 subchapter 3. 177 35 Sec. 260. 2002 Iowa Acts, Senate File 2293, section 68, is 178 1 amended by adding the following new subsections: 178 2 NEW SUBSECTION. 3. The Code editor shall transfer Code 178 3 chapter 460A to be part of Code chapter 455A or to be a new 178 4 Code chapter. 178 5 NEW SUBSECTION. 4. When transferring and consolidating 178 6 provisions as provided in this section, the Code editor may 178 7 reorganize the provisions provided in this section in a manner 178 8 other than that provided in this section in order to enhance 178 9 their readability. The Code editor shall publish in the 2003 178 10 Code the provisions of 2002 Iowa Acts, Senate File 2293, 178 11 designated for codification, regardless of the effective date 178 12 of the provisions. 178 13 Sec. 261. 2002 Iowa Acts, Senate File 2293, section 70, 178 14 subsection 1, paragraph b, is amended to read as follows: 178 15 b. The department has not received evidence that an 178 16 applicant or person submitting or required to submit a manure 178 17 management plan as provided in paragraph "a" of this 178 18 subsection2, has incurred commitments based on a reliance of 178 19 the law as the law existed on March 31, 2002. The commitments 178 20 must constitute a legal obligation for performance by the 178 21 person to construct a confinement feeding operation structure. 178 22 The applicant or other person required to submit the evidence 178 23 to the department must submit such evidence not later than 178 24 twenty-one days after theeffective dateenactment of this 178 25 Act. 178 26 Sec. 262. EFFECTIVE DATES. 178 27 1. Except as otherwise provided in subsection 2, this 178 28 division of this Act takes effect July 1, 2002. 178 29 2. a. The section of this division of this Act amending 178 30 2002 Iowa Acts, House File 2623, section 72, being deemed of 178 31 immediate importance, takes effect upon enactment. 178 32 b. The sections of this division of this Act amending 178 33 sections 455B.127, 455B.161, 455B.171, 455B.200, 455B.200A, 178 34 455B.200B, and 455B.203, as enacted by 2002 Iowa Acts, Senate 178 35 File 2293, and amending 2002 Iowa Acts, Senate File 2293, 179 1 being deemed of immediate importance, take effect upon 179 2 enactment. 179 3 c. The sections of this division of this Act amending 179 4 sections 455B.200C and 455B.200E, as enacted by 2002 Iowa 179 5 Acts, Senate File 2293, take effect on March 1, 2003. 179 6 DIVISION XIII 179 7 DRUG UTILIZATION REVIEW COMMISSION 179 8 Sec. 263. NEW SECTION. 249A.32 IOWA MEDICAL ASSISTANCE 179 9 DRUG UTILIZATION REVIEW COMMISSION – CREATED. 179 10 1. An Iowa medical assistance drug utilization review 179 11 commission is created within the department. The commission 179 12 membership, duties, and related provisions shall comply with 179 13 42 C.F.R. pt. 456, subpt. K. 179 14 2. In addition to any other duties prescribed, the 179 15 commission shall make recommendations to the council on human 179 16 services regarding strategies to reduce state expenditures for 179 17 prescription drugs under the medical assistance program 179 18 excluding provider reimbursement rates. The commission shall 179 19 make initial recommendations to the council by October 1, 179 20 2002. Following approval of any recommendation by the council 179 21 on human services, the department shall include the approved 179 22 recommendation in a notice of intended action under chapter 179 23 17A and shall comply with chapter 17A in adopting any rules to 179 24 implement the recommendation. The department shall seek any 179 25 federal waiver necessary to implement any approved 179 26 recommendation. The strategies to be considered for 179 27 recommendation by the commission shall include at a minimum 179 28 all of the following: 179 29 a. Development of a preferred drug formulary pursuant to 179 30 42 U.S.C. } 1396r-8. 179 31 b. Negotiation of supplemental rebates from manufacturers 179 32 that are in addition to those required by Title XIX of the 179 33 federal Social Security Act. For the purposes of this 179 34 paragraph, "supplemental rebates" may include, at the 179 35 department's discretion, cash rebates and other program 180 1 benefits that offset a medical assistance expenditure. 180 2 Pharmaceutical manufacturers agreeing to provide a 180 3 supplemental rebate as provided in this paragraph shall have 180 4 an opportunity to present evidence supporting inclusion of a 180 5 product on any preferred drug formulary developed. 180 6 c. Disease management programs. 180 7 d. Drug product donation programs. 180 8 e. Drug utilization control programs. 180 9 f. Prescriber and beneficiary counseling and education. 180 10 g. Fraud and abuse initiatives. 180 11 h. Pharmaceutical case management. 180 12 i. Services or administrative investments with guaranteed 180 13 savings to the medical assistance program. 180 14 j. Expansion of prior authorization for prescription drugs 180 15 and pharmaceutical case management under the medical 180 16 assistance program. 180 17 k. Any other strategy that has been approved by the United 180 18 States department of health and human services regarding 180 19 prescription drugs under the medical assistance program. 180 20 Sec. 264. EMERGENCY RULES. The department of human 180 21 services may adopt administrative rules under section 17A.4, 180 22 subsection 2, and section 17A.5, subsection 2, paragraph "b", 180 23 to implement section 249A.32 as created in this division of 180 24 this Act, and the rules shall become effective immediately 180 25 upon filing or on a later effective date specified in the 180 26 rules, unless the effective date is delayed by the 180 27 administrative rules review committee. Any rules adopted in 180 28 accordance with this section shall not take effect before the 180 29 rules are reviewed by the administrative rules review 180 30 committee. The delay authority provided to the administrative 180 31 rules review committee under section 17A.4, subsection 5, and 180 32 section 17A.8, subsection 9, shall be applicable to a delay 180 33 imposed under this section, notwithstanding a provision in 180 34 those sections making them inapplicable to section 17A.5, 180 35 subsection 2, paragraph "b". Any rules adopted in accordance 181 1 with this section shall also be published as notice of 181 2 intended action as provided in section 17A.4. 181 3 Sec. 265. TRANSITION PROVISIONS. The department of human 181 4 services shall continue to contract with the peer review 181 5 organization, with which the department held a contract to 181 6 carry out the duties of the Iowa Medicaid drug utilization 181 7 review commission prior to the effective date of this division 181 8 of this Act in order to carry out the duties of the commission 181 9 after that date. 181 10 The Iowa Medicaid drug utilization review commission 181 11 existing on the effective date of this division of this Act 181 12 shall act as the Iowa medical assistance drug utilization 181 13 review commission as created in this division of this Act. 181 14 Sec. 266. EFFECTIVE DATE. This division of this Act, 181 15 being deemed of immediate importance, takes effect upon 181 16 enactment. 181 17 181 18 181 19 181 20 BRENT SIEGRIST 181 21 Speaker of the House 181 22 181 23 181 24 181 25 MARY E. KRAMER 181 26 President of the Senate 181 27 181 28 I hereby certify that this bill originated in the House and 181 29 is known as House File 2627, Seventy-ninth General Assembly. 181 30 181 31 181 32 181 33 MARGARET THOMSON 181 34 Chief Clerk of the House 181 35 Approved , 2002 182 1 182 2 182 3 182 4 THOMAS J. VILSACK 182 5 Governor
Text: HF02626 Text: HF02628 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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