Text: S05505 Text: S05507 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2331 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "DIVISION I 1 5 COMPENSATION AND BENEFITS 1 6 Section 1. 1 7 1. STATE BOARD OF REGENTS DEMUTUALIZATION PROCEEDS 1 8 AND UNDERGROUND STORAGE TANK FUND TRANSFERS. 1 9 a. The state board of regents shall transfer by 1 10 June 1, 2002, to the treasurer of state for deposit in 1 11 the salary adjustment fund the sum of $30,000,000 from 1 12 the proceeds received by the state board of regents as 1 13 a result of the demutualization of the principal 1 14 mutual holding company. The amount transferred 1 15 represents the portion of the funds utilized by the 1 16 state board of regents institutions for employer 1 17 contributions toward the premiums on insurance 1 18 policies which were paid from state general fund 1 19 appropriations for previous fiscal years. 1 20 b. Notwithstanding section 455G.3, subsection 1, 1 21 on July 1, 2002, $11,100,000 is transferred from the 1 22 Iowa comprehensive petroleum underground storage tank 1 23 fund created in section 455G.3, subsection 1, to the 1 24 salary adjustment fund. 1 25 2. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 1 26 REGENTS DEMUTUALIZATION PROCEEDS – UNDERGROUND 1 27 STORAGE TANK FUND TRANSFER. The state board of 1 28 regents demutualization proceeds and underground 1 29 storage tank fund moneys transferred pursuant to 1 30 subsection 1 to the salary adjustment fund are 1 31 appropriated and shall be distributed by the 1 32 department of management to the various state 1 33 departments, boards, commissions, councils, and 1 34 agencies, including the state board of regents, for 1 35 the fiscal year beginning July 1, 2002, and ending 1 36 June 30, 2003, in the amount of $41,100,000, or so 1 37 much thereof as may be necessary, to fully fund the 1 38 following annual pay adjustments, expense 1 39 reimbursements, and related benefits: 1 40 a. The collective bargaining agreement negotiated 1 41 pursuant to chapter 20 for employees in the blue 1 42 collar bargaining unit. 1 43 b. The collective bargaining agreement negotiated 1 44 pursuant to chapter 20 for employees in the public 1 45 safety bargaining unit. 1 46 c. The collective bargaining agreement negotiated 1 47 pursuant to chapter 20 for employees in the security 1 48 bargaining unit. 1 49 d. The collective bargaining agreement negotiated 1 50 pursuant to chapter 20 for employees in the technical 2 1 bargaining unit. 2 2 e. The collective bargaining agreement negotiated 2 3 pursuant to chapter 20 for employees in the 2 4 professional fiscal and staff bargaining unit. 2 5 f. The collective bargaining agreement negotiated 2 6 pursuant to chapter 20 for employees in the university 2 7 of northern Iowa faculty bargaining unit. 2 8 g. The collective bargaining agreement negotiated 2 9 pursuant to chapter 20 for employees in the clerical 2 10 bargaining unit. 2 11 h. The collective bargaining agreement negotiated 2 12 pursuant to chapter 20 for employees in the 2 13 professional social services bargaining unit. 2 14 i. The collective bargaining agreement negotiated 2 15 pursuant to chapter 20 for employees in the community- 2 16 based corrections bargaining unit. 2 17 j. The collective bargaining agreement negotiated 2 18 pursuant to chapter 20 for employees in the judicial 2 19 branch of government bargaining unit. 2 20 k. The collective bargaining agreement negotiated 2 21 pursuant to chapter 20 for employees in the patient 2 22 care bargaining unit. 2 23 l. The collective bargaining agreement negotiated 2 24 pursuant to chapter 20 for employees in the science 2 25 bargaining unit. 2 26 m. The collective bargaining agreement negotiated 2 27 pursuant to chapter 20 for employees in the state 2 28 university of Iowa graduate student bargaining unit. 2 29 n. The collective bargaining agreement negotiated 2 30 pursuant to chapter 20 for employees in the state 2 31 university of Iowa hospital and clinics tertiary 2 32 health care bargaining unit. 2 33 o. The annual pay adjustments, related benefits, 2 34 and expense reimbursements referred to in sections 2 2 35 and 3 of this division of this Act for employees not 2 36 covered by a collective bargaining agreement. 2 37 3. In distributing moneys from the salary 2 38 adjustment fund, the department of management shall 2 39 take into consideration the special circumstances of 2 40 those state institutions operating under the net 2 41 general fund appropriation budgeting system so that 2 42 such institutions are not adversely affected because 2 43 of the use of that budgeting system. 2 44 Sec. 2. NONCONTRACT STATE EMPLOYEES – GENERAL. 2 45 1. a. For the fiscal year beginning July 1, 2002, 2 46 the maximum salary levels of all pay plans provided 2 47 for in section 19A.9, subsection 2, as they exist for 2 48 the fiscal year ending June 30, 2002, shall be 2 49 increased by 3 percent for the pay period beginning 2 50 October 25, 2002, and any additional changes in the 3 1 pay plans shall be approved by the governor. 3 2 b. For the fiscal year beginning July 1, 2002, 3 3 employees may receive a step increase or the 3 4 equivalent of a step increase. 3 5 2. The pay plans for state employees who are 3 6 exempt from chapter 19A and who are included in the 3 7 department of revenue and finance's centralized 3 8 payroll system shall be increased in the same manner 3 9 as provided in subsection 1, and any additional 3 10 changes in any executive branch pay plans shall be 3 11 approved by the governor. 3 12 3. This section does not apply to members of the 3 13 general assembly, board members, commission members, 3 14 salaries of persons set by the general assembly 3 15 pursuant to this division of this Act or salaries of 3 16 appointed state officers set by the governor, other 3 17 persons designated, employees designated under section 3 18 19A.3, subsection 5, and employees covered by 581 IAC 3 19 4.6(3). 3 20 4. The pay plans for the bargaining eligible 3 21 employees of the state shall be increased in the same 3 22 manner as provided in subsection 1, and any additional 3 23 changes in such executive branch pay plans shall be 3 24 approved by the governor. As used in this section, 3 25 "bargaining eligible employee" means an employee who 3 26 is eligible to organize under chapter 20, but has not 3 27 done so. 3 28 5. The policies for implementation of this section 3 29 shall be approved by the governor. 3 30 Sec. 3. STATE EMPLOYEES – STATE BOARD OF REGENTS. 3 31 Funds from the appropriation in section 1, subsection 3 32 2 of this division of this Act, not to exceed 3 33 $25,000,000, shall be allocated to the state board of 3 34 regents for the purposes of providing increases for 3 35 state board of regents employees covered by section 1 3 36 of this division of this Act and for state board of 3 37 regents employees not covered by a collective 3 38 bargaining agreement as follows: 3 39 1. For regents merit system employees and merit 3 40 supervisory employees to fund for the fiscal year, 3 41 increases comparable to those provided for similar 3 42 contract-covered employees in this division of this 3 43 Act. 3 44 2. For faculty members and professional and 3 45 scientific employees to fund for the fiscal year, 3 46 percentage increases comparable to those provided for 3 47 contract-covered employees in section 1, subsection 2, 3 48 paragraph "f", of this division of this Act. 3 49 Sec. 4. STATE COURTS – JUSTICES, JUDGES, AND 3 50 MAGISTRATES. 4 1 1. Funds from the appropriation in section 1, 4 2 subsection 2 of this division of this Act, not to 4 3 exceed $4,000,000, shall be allocated to the judicial 4 4 branch for the purpose of providing increases in 4 5 salaries for state judges, justices, and magistrates 4 6 and for increases for other judicial branch employees. 4 7 The salary rates specified in subsection 2 are for the 4 8 fiscal year beginning July 1, 2002, effective for the 4 9 pay period beginning December 20, 2002, and for 4 10 subsequent fiscal years until otherwise provided by 4 11 the general assembly. 4 12 2. The following annual salary rates shall be paid 4 13 to the persons holding the judicial positions 4 14 indicated during the fiscal year beginning July 1, 4 15 2002, effective with the pay period beginning December 4 16 20, 2002, and for subsequent pay periods. 4 17 a. Chief justice of the supreme court: 4 18 .................................................. $ 124,550 4 19 b. Each justice of the supreme court: 4 20 .................................................. $ 120,100 4 21 c. Chief judge of the court of appeals: 4 22 .................................................. $ 119,980 4 23 d. Each associate judge of the court of appeals: 4 24 .................................................. $ 115,540 4 25 e. Each chief judge of a judicial district: 4 26 .................................................. $ 114,470 4 27 f. Each district judge except the chief judge of a 4 28 judicial district: 4 29 .................................................. $ 109,810 4 30 g. Each district associate judge: 4 31 .................................................. $ 95,700 4 32 h. Each associate juvenile judge: 4 33 .................................................. $ 95,700 4 34 i. Each associate probate judge: 4 35 .................................................. $ 95,700 4 36 j. Each judicial magistrate: 4 37 .................................................. $ 28,530 4 38 k. Each senior judge: 4 39 .................................................. $ 6,370 4 40 3. Persons receiving the salary rates established 4 41 under subsection 2 shall not receive any additional 4 42 salary adjustments provided by this division of this 4 43 Act. 4 44 Sec. 5. APPROPRIATIONS FROM ROAD FUNDS. 4 45 1. There is appropriated from the road use tax 4 46 fund to the salary adjustment fund for the fiscal year 4 47 beginning July 1, 2002, and ending June 30, 2003, the 4 48 following amount, or so much thereof as may be 4 49 necessary, to be used for the purpose designated: 4 50 To supplement other funds appropriated by the 5 1 general assembly: 5 2 .................................................. $ 1,588,368 5 3 2. There is appropriated from the primary road 5 4 fund to the salary adjustment fund, for the fiscal 5 5 year beginning July 1, 2002, and ending June 30, 2003, 5 6 the following amount, or so much thereof as may be 5 7 necessary, to be used for the purpose designated: 5 8 To supplement other funds appropriated by the 5 9 general assembly: 5 10 .................................................. $ 8,627,499 5 11 3. Except as otherwise provided in this division 5 12 of this Act, the amounts appropriated in subsections 1 5 13 and 2 shall be used to fund the annual pay 5 14 adjustments, expense reimbursements, and related 5 15 benefits for public employees as provided in this 5 16 division of this Act. 5 17 Sec. 6. SPECIAL FUNDS – AUTHORIZATION. For 5 18 departmental revolving, trust, or special funds, 5 19 except for the primary road fund or the road use tax 5 20 fund, for which the general assembly has established 5 21 an operating budget, a supplemental expenditure 5 22 authorization is provided, unless otherwise provided, 5 23 in an amount necessary to fund salary adjustments, as 5 24 provided in this division of this Act. 5 25 Sec. 7. GENERAL FUND SALARY MONEYS. Funds 5 26 appropriated for distribution from the salary 5 27 adjustment fund in section 1, subsection 2 of this 5 28 division of this Act relate only to salaries supported 5 29 from general fund appropriations of the state except 5 30 for employees of the state board of regents. The 5 31 funds allocated in this division of this Act for 5 32 employees of the state board of regents shall exclude 5 33 general university indirect costs and general 5 34 university federal funds. 5 35 Sec. 8. FEDERAL FUNDS APPROPRIATED. For the 5 36 fiscal year beginning July 1, 2002, and ending June 5 37 30, 2003, all federal grants to and the federal 5 38 receipts of the agencies affected by this division of 5 39 this Act which are received and may be expended for 5 40 purposes of this division of this Act are appropriated 5 41 for those purposes and as set forth in the federal 5 42 grants or receipts. 5 43 Sec. 9. STATE TROOPER MEAL ALLOWANCE. For the 5 44 fiscal year beginning July 1, 2002, and ending June 5 45 30, 2003, the sworn peace officers in the department 5 46 of public safety who are not covered by a collective 5 47 bargaining agreement negotiated pursuant to chapter 20 5 48 shall receive the same per diem meal allowance as the 5 49 sworn peace officers in the department of public 5 50 safety who are covered by a collective bargaining 6 1 agreement negotiated pursuant to chapter 20. 6 2 Sec. 10. SALARY MODEL COORDINATOR. Of the funds 6 3 appropriated in section 1, subsection 2, of this 6 4 division of this Act, $126,767 for the fiscal year 6 5 beginning July 1, 2002, is allocated to the department 6 6 of management for salary and support of the salary 6 7 model coordinator who shall work in conjunction with 6 8 the legislative fiscal bureau to maintain the state's 6 9 salary model used for analyzing, comparing, and 6 10 projecting state employee salary and benefit 6 11 information, including information relating to 6 12 employees of the state board of regents. The 6 13 department of revenue and finance, the department of 6 14 personnel, the five institutions under the 6 15 jurisdiction of the state board of regents, the 6 16 judicial district departments of correctional 6 17 services, and the state department of transportation 6 18 shall provide salary data to the department of 6 19 management and the legislative fiscal bureau to 6 20 operate the state's salary model. The format and 6 21 frequency of provision of the salary data shall be 6 22 determined by the department of management and the 6 23 legislative fiscal bureau. The information shall be 6 24 used in collective bargaining processes under chapter 6 25 20 and in calculating the funding needs contained 6 26 within the annual salary adjustment legislation. A 6 27 state employee organization as defined in section 6 28 20.3, subsection 4, may request information produced 6 29 by the model, but the information provided shall not 6 30 contain information attributable to individual 6 31 employees. 6 32 Sec. 11. HEALTH INSURANCE INCENTIVE PROGRAMS. For 6 33 the fiscal year beginning July 1, 2002, and ending 6 34 June 30, 2003, the department of revenue and finance 6 35 shall administer the health insurance incentive 6 36 programs as contained in the collective bargaining 6 37 agreements. The incentive payment shall be 6 38 distributed in the paycheck of an eligible state 6 39 employee if the employee is employed by a central 6 40 state agency. Each judicial district department of 6 41 correctional services and the state board of regents 6 42 shall provide monthly to the department of revenue and 6 43 finance a list of their employee counts by benefit 6 44 plan that qualify for the incentive and the amount of 6 45 the incentive due. The judicial district department 6 46 of correctional services and the state board of 6 47 regents shall include the amount of the incentive 6 48 payment in their eligible employees' paychecks as soon 6 49 as the payment is administratively practical. 6 50 Sec. 12. TERMINAL LIABILITY HEALTH INSURANCE 7 1 SURCHARGE. For the period beginning July 1, 2002, and 7 2 ending January 3, 2003, the department of personnel 7 3 shall include in the rates for the Wellmark Blue 7 4 Cross/Blue Shield Program 3 Plus, Wellmark Blue 7 5 Cross/Blue Shield Program 3 plus with a comprehensive 7 6 major medical overlay, and Iowa Select Preferred 7 7 Provider Organization health insurance plans a 7 8 surcharge, as determined by the department of 7 9 management, on only the employer's share of the health 7 10 insurance premium cost to fund the state's share of 7 11 the terminal liability of the existing Wellmark health 7 12 insurance contract. The department of revenue and 7 13 finance shall collect the surcharge from state 7 14 agencies, the state fair board, state board of 7 15 regents, and the judicial district departments of 7 16 correctional services. The proceeds of the surcharge 7 17 shall be credited to the terminal liability health 7 18 insurance fund created in section 421.46. The health 7 19 insurance plans provided to state employees covered by 7 20 the state police officers council collective 7 21 bargaining agreement are exempt from the surcharge 7 22 provided in this section. 7 23 Sec. 13. 2002 Iowa Acts, Senate File 2304, section 7 24 21, subsection 3, is amended to read as follows: 7 25 3. As part of implementing the reduction made in 7 26 subsection 1, notwithstanding the annual salary rates 7 27 authorized for justices, judges, and magistrates in 7 28 2001 Iowa Acts, chapter 190, section 1, for the fiscal 7 29 year beginning July 1, 2001, those salary rates shall 7 30 be reduced by applying a 5 percent reduction to the 7 31 portion of annual salary attributable to the period 7 32 beginning on the effective date of this Act through 7 33 June3020, 2002. Subsection 2 does not apply to 7 34 justices, judges, and magistrates subject to this 7 35 subsection. 7 36 Sec. 14. 2002 Iowa Acts, Senate File 2304, section 7 37 25, subsections 3 and 4, are amended to read as 7 38 follows: 7 39 3. As part of implementing the reduction made in 7 40 this section, notwithstanding the annual salary rates 7 41 authorized for elective executive branch officials in 7 42 2000 Iowa Acts, chapter 1219, section 3, for the 7 43 fiscal year beginning July 1, 2001, the salary rates 7 44 for such officials shall be reduced by applying a 5 7 45 percent reduction to the portion of annual salary 7 46 attributable to the period beginning on the effective 7 47 date of this Act through June3020, 2002. Subsection 7 48 2 does not apply to elective executive branch 7 49 officials subject to this subsection. 7 50 4. As part of implementing the reduction made in 8 1 this section, notwithstanding the annual salaries 8 2 established under 2001 Iowa Acts, chapter 190, section 8 3 3, for the fiscal year beginning July 1, 2001, each of 8 4 those salaries shall be reduced by applying a 5 8 5 percent reduction to the portion of the salary 8 6 attributable to the period beginning on the effective 8 7 date of this Act through June3020, 2002. Subsection 8 8 2 does not apply to appointed executive branch 8 9 officers subject to this subsection. 8 10 Sec. 15. Section 421.46, subsection 2, Code 8 11 Supplement 2001, is amended by striking the 8 12 subsection. 8 13 Sec. 16. EFFECTIVE DATE. Section 1, subsection 1 8 14 of this Act relating to the state board of regents 8 15 demutualization proceeds transfer, being deemed of 8 16 immediate importance, takes effect upon enactment. 8 17 DIVISION II 8 18 STATUTORY AND SESSION LAW CHANGES 8 19 Sec. 17. Section 8.63, subsection 4, Code 2001, is 8 20 amended to read as follows: 8 21 4.a.In order for the innovations fund to be 8 22 self-supporting, the innovations fund committee shall 8 23 establish repayment schedules for each innovation fund 8 24 loan awarded. Agencies shall repay the funds over a 8 25 period not to exceed five years with interest, at a 8 26 rate to be determined by the innovations fund 8 27 committee. 8 28b. If the department of management and the8 29department of revenue and finance certify that the8 30savings from a proposed innovations fund project will8 31result in a net increase in the balance of the general8 32fund of the state without a corresponding cost savings8 33to the requesting agency, and if the requesting agency8 34meets all other eligibility requirements, the8 35innovations fund committee may approve the loan for8 36the project and not require repayment by the8 37requesting agency. There is appropriated from the8 38general fund of the state to the department of revenue8 39and finance an amount sufficient to repay the loan8 40amount.8 41 Sec. 18. Section 12.21, Code 2001, is amended to 8 42 read as follows: 8 43 12.21 ACCEPTING CREDIT CARD PAYMENTS. 8 44 1. The treasurer of state may enter into an 8 45 agreement with a financial institution or other credit 8 46 card processor to provide credit card receipt 8 47 processing for state departments which are authorized 8 48 by the treasurer of state to accept payment by credit 8 49 card. 8 50 2. A departmentwhich acceptsauthorized by the 9 1 treasurer of state to accept payment by credit card 9 2paymentsmay adjust its fees to reflect the cost of 9 3 credit card receipt processing as determined by the 9 4 treasurer of state.A fee may be charged by a9 5department for using the credit card payment method9 6notwithstanding any other provision of the Code9 7setting specific fees.The fees charged to a payer 9 8 shall be the same regardless of payment method unless 9 9 otherwise permitted in the agreement with the 9 10 financial institution or credit card processor. 9 11 3. The credit card charges applied by a financial 9 12 institution or credit card processor for credit card 9 13 receipts accepted in accordance with subsection 1 9 14 shall be considered to be part of the payment due and 9 15 accepted. A state department authorized by the 9 16 treasurer of state to accept payment by credit card 9 17 shall pay the credit card receipt processing charges 9 18 from aggregate fees collected. 9 19 4. The treasurer of state shall adopt rules to 9 20 implement this section. 9 21 Sec. 19. Section 14B.203, subsection 3, Code 9 22 Supplement 2001, is amended to read as follows: 9 23 3. In addition to other forms of payment, credit 9 24 cards shall be accepted in payment for moneys owed to 9 25 a governmental entity as provided in this section, 9 26 according to ruleswhich shall beadopted by the 9 27 treasurer of state under section 12.21.The fees to9 28be charged shall not exceed those permitted by9 29statute. A governmental entity may adjust its fees to9 30reflect the cost of processing as determined by the9 31treasurer of state. The discount charged by the9 32credit card issuer may be included in determining the9 33fees to be paid for completing a financial transaction9 34under this section by using a credit card.9 35 Sec. 20. Section 14B.205, Code 2001, is amended to 9 36 read as follows: 9 37 14B.205 CREDIT CARDS ACCEPTED. 9 38 In addition to other forms of payment, credit cards 9 39mayshall be accepted in accordance with section 12.21 9 40 in payment for any fees, including but not limited to 9 41 interest, penalties, subscriptions, registrations, 9 42 purchases, applications, licenses, permits, or other 9 43 filings transmitted or transactions conducted 9 44 electronically.The fees to be charged shall not9 45exceed those permitted by statute, except that the9 46discount charged by the credit card issuer may be9 47included in determining the fee to be charged for9 48records transmitted or transactions conducted9 49electronically.9 50 Sec. 21. Section 15.108, subsection 9, paragraph 10 1 e, Code Supplement 2001, is amended to read as 10 2 follows: 10 3 e.At the director's discretion, acceptAccept 10 4 payment by credit card in accordance with section 10 5 12.21 of any fees, interest, penalties, subscriptions, 10 6 registrations, purchases, or other payments, or any 10 7 portion of such payments, which are due or collected 10 8 by the department.The department may adjust the10 9amount of the payment to reflect the costs of10 10processing the payment as determined by the treasurer10 11of state and the payment by credit card shall include,10 12in addition to all other charges, any discount charged10 13by the credit card issuer.10 14 Sec. 22. Section 15E.112, subsection 1, Code 2001, 10 15 is amended to read as follows: 10 16 1. A value-added agricultural products and 10 17 processes financial assistance fund is created within 10 18 the state treasury under the control of the 10 19 department. The fund shall consist of moneys 10 20 allocated from the Iowa strategic investment fund 10 21 created in section 15.313, those appropriated moneys, 10 22 and any other moneys available to and obtained or 10 23 accepted by the department from the federal government 10 24 or private sources for placement in the fund. The 10 25 assets of the fund shall be used by the department 10 26 only for administration and carrying out the purposes 10 27 of section 15E.111. 10 28 Sec. 23. Section 18.75, subsection 6, Code 2001, 10 29 is amended to read as follows: 10 30 6. Have legal custody of all Codes, session laws, 10 31 books of annotations, tables of corresponding 10 32 sections, publications, except premium lists published 10 33 by the Iowa state fair board, containing reprints of 10 34 statutes or administrative rules, or both, reports of 10 35 state departments, and reports of the supreme court, 10 36 and sell, account for, and distribute the same as 10 37 provided by law. However, the legislative service 10 38 bureau shall solicit and process orders for the 10 39 distribution of all printed Codes, session laws, 10 40 administrative codes and bulletins, court rules, and 10 41 the state roster. 10 42 Sec. 24. Section 18.97A, Code 2001, is amended by 10 43 adding the following new unnumbered paragraph: 10 44 NEW UNNUMBERED PARAGRAPH. The office of the 10 45 governor, the supreme court, and the legislative 10 46 council shall control the number of copies of the 10 47 printed publications enumerated in section 18.97 10 48 distributed to recipients in their respective 10 49 branches. 10 50 Sec. 25. Section 124.401A, Code 2001, is amended 11 1 to read as follows: 11 2 124.401A ENHANCED PENALTY FOR MANUFACTURE OR 11 3 DISTRIBUTION TO PERSONS ON CERTAIN REAL PROPERTY. 11 4 In addition to any other penalties provided in this 11 5 chapter, a person who is eighteen years of age or 11 6 older who unlawfully manufactures with intent to 11 7 distribute, distributes, or possesses with intent to 11 8 distribute a substance or counterfeit substance listed 11 9 in schedule I, II, or III, or a simulated controlled 11 10 substance represented to be a controlled substance 11 11 classified in schedule I, II, or III, to another 11 12 person who is eighteen years of age or older in or on, 11 13 or within one thousand feet of the real property 11 14 comprising a public or private elementary or secondary 11 15 school, public park, public swimming pool, public 11 16 recreation center, or on a marked school bus, may be 11 17 sentenced up to an additional term of confinement of 11 18 five years. 11 19 Sec. 26. Section 124.409, subsection 1, Code 2001, 11 20 is amended by striking the subsection. 11 21 Sec. 27. NEW SECTION. 239B.2B ELIGIBILITY OF 11 22 NONCITIZENS. 11 23 A person who meets the conditions of eligibility 11 24 under section 239B.2 and who meets either of the 11 25 following requirements shall be eligible for 11 26 participation in the family investment program: 11 27 1. The person is a conditional resident alien who 11 28 was battered or subjected to extreme cruelty, or whose 11 29 child was battered or subjected to extreme cruelty, 11 30 perpetrated by the person's spouse who is a United 11 31 States citizen or lawful permanent resident as 11 32 described in 8 C.F.R. } 216.5(a)(3). 11 33 2. The person was battered or subjected to extreme 11 34 cruelty, or the person's child was battered or 11 35 subjected to extreme cruelty, perpetrated by the 11 36 person's spouse who is a United States citizen or 11 37 lawful permanent resident and the person's petition 11 38 has been approved or a petition is pending that sets 11 39 forth a prima facie case that the person has 11 40 noncitizen status under any of the following 11 41 categories: 11 42 a. Status as a spouse or child of a United States 11 43 citizen or lawful permanent resident under the federal 11 44 Immigration and Nationality Act, } 204(a)(1), as 11 45 codified in 8 U.S.C. } 1154(a)(1)(A). 11 46 b. Status as a spouse or child who was battered or 11 47 subjected to extreme cruelty by a United States 11 48 citizen or lawful permanent resident, under the 11 49 federal Immigration and Nationality Act, } 11 50 204(a)(iii), as codified in 8 U.S.C. } 12 1 1154(a)(1)(A)(iii). 12 2 c. Classification as a person lawfully admitted 12 3 for permanent residence under the federal Immigration 12 4 and Nationality Act. 12 5 d. Suspension of deportation and adjustment of 12 6 status under the federal Immigration and Nationality 12 7 Act, } 244(a), as in effect before the date of 12 8 enactment of the federal Illegal Immigration Reform 12 9 and Immigrant Responsibility Act of 1996. 12 10 e. Cancellation of removal or adjustment of status 12 11 under the federal Immigration and Nationality Act, } 12 12 240A, as codified in 8 U.S.C. } 1229b. 12 13 f. Status as an asylee, if asylum is pending, 12 14 under the federal Immigration and Nationality Act, } 12 15 208, as codified in 8 U.S.C. } 1158. 12 16 Sec. 28. Section 249A.3, subsection 2, paragraph 12 17 a, Code Supplement 2001, is amended to read as 12 18 follows: 12 19 a. As provided either pursuant to subparagraph (1) 12 20 or pursuant to subparagraphs (2) and (3): 12 21 (1) As allowed under 42 U.S.C. } 12 22 1396a(a)(10)(A)(ii)(XIII), individuals with 12 23 disabilities, who are less than sixty-five years of 12 24 age, who are members of families whose income is less 12 25 than two hundred fifty percent of the most recently 12 26 revised official povertylineguidelines published by 12 27 thefederal office of management and budgetUnited 12 28 States department of health and human services for the 12 29 family, who have earned income and who are eligible 12 30 for supplemental security income or supplemental 12 31 security income-related medical assistanceor12 32additional medical assistanceunder this section if 12 33 earnings are disregarded. As allowed by 42 U.S.C. } 12 34 1396a(r)(2), unearned income shall also be disregarded 12 35 in determining whether an individual is eligible for 12 36 assistance under thisparagraphsubparagraph. For the 12 37 purposes of determining the amount of an individual's 12 38 resources under thisparagraphsubparagraph and as 12 39 allowed by 42 U.S.C. } 1396a(r)(2), a maximum of ten 12 40 thousand dollars of available resources shall be 12 41 disregarded and any additional resources held in a 12 42 retirement account, in a medical savings account, or 12 43 in any other account approved under rules adopted by 12 44 the department shall also be disregarded. Individuals 12 45 eligible for assistance under thisparagraph12 46 subparagraph, whose individual income exceeds one 12 47 hundred fifty percent of the official povertyline12 48 guidelines published by thefederal office of12 49management and budgetUnited States department of 12 50 health and human services for an individual, shall pay 13 1 a premium. The amount of the premium shall be based 13 2 on a sliding fee schedule adopted by rule of the 13 3 department and shall be based on a percentage of the 13 4 individual's income. The maximum premium payable by 13 5 an individual whose income exceeds one hundred fifty 13 6 percent of the official povertylineguidelines shall 13 7 be commensurate withpremiums charged for privatethe 13 8 cost of state employees' group health insurance in 13 9 this state.This paragraph shall be implemented no13 10later than March 1, 2000.13 11 (2) As allowed under 42 U.S.C. } 13 12 1396a(a)(10)(A)(ii)(XV), individuals who are at least 13 13 sixteen years of age but less than sixty-five years of 13 14 age who, but for earnings in excess of the limit 13 15 established under 42 U.S.C. } 1396d(q)(2)(B), would be 13 16 considered to be receiving federal supplemental 13 17 security income, and who are members of families whose 13 18 income is less than two hundred fifty percent of the 13 19 most recently revised official poverty guidelines 13 20 published by the United States department of health 13 21 and human services for the family, subject to a 13 22 resource limit of twelve thousand dollars for an 13 23 individual and thirteen thousand dollars for a couple. 13 24 For the purposes of determining the amount of an 13 25 individual's or couple's resources under this 13 26 subparagraph, any resources held in a retirement 13 27 account, in a medical savings account, or in any other 13 28 account approved under rules adopted by the department 13 29 shall be disregarded. Individuals eligible for 13 30 assistance under this subparagraph whose individual 13 31 income exceeds one hundred fifty percent of the 13 32 official poverty guidelines for an individual shall 13 33 pay a premium. The amount of the premium shall be 13 34 based on a sliding fee schedule adopted by rule of the 13 35 department and shall be based on a percentage of the 13 36 individual's income. The maximum premium payable by 13 37 an individual whose income exceeds one hundred fifty 13 38 percent of the official poverty guidelines shall be 13 39 commensurate with the cost of state employees' group 13 40 health insurance in this state, but shall not exceed 13 41 seven and one-half percent of income, unless the 13 42 individual's income exceeds four hundred fifty percent 13 43 of the official poverty guidelines. 13 44 (3) As allowed under 42 U.S.C. } 13 45 1396a(a)(10)(A)(ii)(XVI), employed individuals with a 13 46 medically improved disability, as defined in 42 U.S.C. 13 47 } 1396d(v)(1), who are members of families whose 13 48 income is less than two hundred fifty percent of the 13 49 most recently revised official poverty guidelines 13 50 published by the United States department of health 14 1 and human services for the family, subject to a 14 2 resource limit of twelve thousand dollars for an 14 3 individual and thirteen thousand dollars for a couple. 14 4 For the purposes of determining the amount of an 14 5 individual's or couple's resources under this 14 6 subparagraph, any resources held in a retirement 14 7 account, in a medical savings account, or in any other 14 8 account approved under rules adopted by the department 14 9 shall be disregarded. Individuals eligible for 14 10 assistance under this subparagraph whose individual 14 11 income exceeds one hundred fifty percent of the 14 12 official poverty guidelines for an individual shall 14 13 pay a premium. The amount of the premium shall be 14 14 based on a sliding fee schedule adopted by rule of the 14 15 department and shall be based on a percentage of the 14 16 individual's income. The maximum premium payable by 14 17 an individual whose income exceeds one hundred fifty 14 18 percent of the official poverty guidelines shall be 14 19 commensurate with the cost of state employees' group 14 20 health insurance in this state, but shall not exceed 14 21 seven and one-half percent of income, unless the 14 22 individual's income exceeds four hundred fifty percent 14 23 of the official poverty guidelines. 14 24 Sec. 29. Section 256.67, subsection 1, Code 14 25 Supplement 2001, is amended to read as follows: 14 26 1. Act as administrator and executive secretary of 14 27 theregionlibrary service area in accordance with the 14 28 objectives and policies adopted by the area board of 14 29 trustees and with the intent of this chapter. 14 30 Sec. 30. Section 260G.4B, subsection 1, Code 14 31 Supplement 2001, is amended to read as follows: 14 32 1. The total amount of program job credits from 14 33 all employers which shall be allocated for all 14 34 accelerated career education programs in the state in 14 35 any one fiscal year shall not exceed the sum of three 14 36 million dollars in the fiscal year beginning July 1, 14 37 2000, three million dollars in the fiscal year 14 38 beginning July 1, 2001, three million dollars in the 14 39 fiscal year beginning July 1, 2002, and six million 14 40 dollars in the fiscal year beginning July 1,200214 41 2003, and every fiscal year thereafter. Any increase 14 42 in program job credits above the six-million-dollar 14 43 limitation per fiscal year shall be developed, based 14 44 on recommendations in a study which shall be conducted 14 45 by the department of economic development of the needs 14 46 and performance of approved programs in the fiscal 14 47 years beginning July 1, 2000, and July 1, 2001. The 14 48 study's findings and recommendations shall be 14 49 submitted to the general assembly by the department by 14 50 December 31, 2002. The study shall include but not be 15 1 limited to an examination of the quality of the 15 2 programs, the number of program participant 15 3 placements, the wages and benefits in program jobs, 15 4 the level of employer contributions, the size of 15 5 participating employers, and employer locations. A 15 6 community college shall file a copy of each agreement 15 7 with the department of economic development. The 15 8 department shall maintain an annual record of the 15 9 proposed program job credits under each agreement for 15 10 each fiscal year. Upon receiving a copy of an 15 11 agreement, the department shall allocate any available 15 12 amount of program job credits to the community college 15 13 according to the agreement sufficient for the fiscal 15 14 year and for the term of the agreement. When the 15 15 total available program job credits are allocated for 15 16 a fiscal year, the department shall notify all 15 17 community colleges that the maximum amount has been 15 18 allocated and that further program job credits will 15 19 not be available for the remainder of the fiscal year. 15 20 Once program job credits have been allocated to a 15 21 community college, the full allocation shall be 15 22 received by the community college throughout the 15 23 fiscal year and for the term of the agreement even if 15 24 the statewide program job credit maximum amount is 15 25 subsequently allocated and used. 15 26 Sec. 31. Section 368.4, Code 2001, as amended by 15 27 2002 Iowa Acts, House File 582, if enacted, is amended 15 28 to read as follows: 15 29 368.4 ANNEXING MORATORIUM. 15 30 A city, following notice and hearing, may by 15 31 resolution agree with another city or cities to 15 32 refrain from annexing specifically described territory 15 33 for a period not to exceed ten years and, following 15 34 notice and hearing, may by resolution extend the 15 35 agreement for subsequent periods not to exceed ten 15 36 years each. Notice of a hearing shall be served by 15 37 regular mail at least thirty days before the hearing 15 38 on the city development board, on the board of 15 39 supervisors of the county in which the territory is 15 40 located, and on all persons owning land within the 15 41 area subject to the agreement. The notice shall 15 42 include the time and place of the hearing, describe 15 43 the territory subject to the proposed agreement, and 15 44 the general terms of the agreement. After passage of 15 45 a resolution by the cities approving the agreements, a 15 46 copy of the agreement and a copy of any resolution 15 47 extending an agreement shall be filed with the city 15 48 development board within ten days of enactment. If 15 49 such an agreement is in force, the board shall dismiss 15 50 a petition or plan which violates the terms of the 16 1 agreement. 16 2 Sec. 32. Section 368.26, if enacted by 2002 Iowa 16 3 Acts, House File 582, is amended to read as follows: 16 4 368.26 FAILURE TO PROVIDE MUNICIPAL SERVICES. 16 5 If a city fails to provide municipal services to 16 6 territory involuntarily annexed, according to the plan 16 7 filed pursuant to section 368.11, within three years 16 8 after city taxes are imposed in the annexed territory, 16 9 the city development board shall initiate proceedings 16 10 to sever the annexed territory from the city. 16 11 However, a city may appeal to the board for an 16 12 additional three years to provide municipal services 16 13 if good cause is shown. A petition for severance 16 14 filed pursuant to this section shall be filed and 16 15 acted upon in the same manner as a petition under 16 16 section 368.11. For purposes of this sectionand16 17section 368.11, subsection 14, "municipal services" 16 18 means services selected by a landowner to be provided 16 19 by the city, including, but not limited to, water 16 20 supply, sewage disposal, street and road maintenance, 16 21 and police and fire protection, if the provision of 16 22 such services is within the legal authority of the 16 23 annexing city. 16 24 Sec. 33. Section 421.17, subsection 31, Code 16 25 Supplement 2001, is amended to read as follows: 16 26 31.At the director's discretion, acceptAccept 16 27 payment of taxes, penalties, interest, and fees, or 16 28 any portionthereofof the payment, by credit card in 16 29 accordance with section 12.21.The director may16 30adjust the payable amount to reflect the costs of16 31processing the payment as determined by the treasurer16 32of state and the payment by credit card shall include,16 33in addition to all other charges, any discount charged16 34by the credit card issuer.16 35 Sec. 34. Section 421.17, subsection 34, paragraph 16 36 f, Code Supplement 2001, is amended to read as 16 37 follows: 16 38 f.At the director's discretion, theThe 16 39 departmentmayshall accept payment of debts, 16 40 interest, and fees, or any portion of the payment by 16 41 credit card in accordance with section 12.21.The16 42director may adjust the payable amount to reflect the16 43costs of processing the payment as determined by the16 44treasurer of state and the payment by credit card16 45shall include, in addition to all other charges, any16 46discount charge by the credit card issuer.16 47 Sec. 35. Section 455A.4, subsection 5, Code 2001, 16 48 is amended to read as follows: 16 49 5. The department may accept payment of any fees, 16 50 interest, penalties, subscriptions, or other payments 17 1 due or collected by the department, or any portion of 17 2 such payments, by credit card in accordance with 17 3 section 12.21.The department may adjust the amount17 4of the payment to reflect the costs of processing the17 5payment as determined by the treasurer of state and17 6the payment by credit card shall include, in addition17 7to all other charges, any discount charged by the17 8credit card issuer.17 9 Sec. 36. Section 476.97, subsection 11, paragraph 17 10 g, subparagraph (4), Code 2001, as amended by 2002 17 11 Iowa Acts, Senate File 429, section 2, is amended by 17 12 striking the subparagraph and inserting in lieu 17 13 thereof the following: 17 14 (4) Rates may be adjusted by the board to reflect 17 15 any changes in revenues, expenses, and investment due 17 16 to exogenous factors beyond the control of the local 17 17 exchange carrier, including, but not limited to, the 17 18 effects of local competition. The board shall have 17 19 one hundred eighty days to consider rate changes 17 20 proposed under this subparagraph, but for good cause 17 21 may grant one extension of sixty days, not to exceed a 17 22 total of two hundred forty days. 17 23 Sec. 37. Section 514I.5, subsection 3, Code 2001, 17 24 is amended to read as follows: 17 25 3. Members appointed by the governor shall serve 17 26 two-year staggered terms as designated by the 17 27 governor, and legislative members of the board shall 17 28 serve two-year terms. The filling of positions 17 29 reserved for the public representatives, vacancies, 17 30 membership terms, payment of compensation and 17 31 expenses, and removal of the members are governed by 17 32 chapter 69. Members of the board are entitled to 17 33 receive reimbursement of actual expenses incurred in 17 34 the discharge of their duties. Public members of the 17 35 board are also eligible to receive compensation as 17 36 provided in section 7E.6. The members shall select a 17 37 chairperson on an annual basis from among the 17 38 membership of the board. 17 39 Sec. 38. Section 541A.1, subsection 7, Code 2001, 17 40 is amended to read as follows: 17 41 7. "Individual development account" meansaeither 17 42 of the following: 17 43 a. A financial instrumentwhichthat is certified 17 44 to have the characteristics described in section 17 45 541A.2 by the operating organization. 17 46 b. A financial instrument that is certified by the 17 47 operating organization to have the characteristics 17 48 described in and funded by a federal individual 17 49 development account program under which federal and 17 50 state funding contributed to match account holder 18 1 deposits is deposited by an operating organization in 18 2 accordance with federal law and regulations, and which 18 3 includes but is not limited to any of the programs 18 4 implemented under the following federal laws: 18 5 (1) The federal Personal Responsibility and Work 18 6 Opportunity Act of 1996, 42 U.S.C. } 604(h). 18 7 (2) The federal Assets for Independence Act, Pub. 18 8 L. No. 105-285, Title IV. 18 9 Sec. 39. Section 541A.3, subsection 1, unnumbered 18 10 paragraph 1, Code 2001, is amended to read as follows: 18 11 Payment by the state of a savings refund on amounts 18 12 of up to two thousand dollars per calendar year that 18 13 an account holder deposits in the account holder's 18 14 account. Moneys transferred to an individual 18 15 development account from another individual 18 16 development account shall not be considered an account 18 17 holder deposit for purposes of determining a savings 18 18 refund. Payment of a savings refund either shall be 18 19 made directly to the account holder's account or to an 18 20 operating organization's central reserve account for 18 21 later distribution to the account holder's account in 18 22 the most appropriate manner as determined by the 18 23 administrator. The state savings refund shall be the 18 24 indicated percentage of the amount deposited: 18 25 Sec. 40. Section 541A.3, subsection 5, Code 2001, 18 26 is amended to read as follows: 18 27 5. The administrator shall coordinate the filing 18 28 of claims for savings refunds authorized under 18 29 subsection 1, between account holders, operating 18 30 organizations, and the department of revenue and 18 31 finance. Claims approved by the administrator may be 18 32 paid by the department of revenue and finance to each 18 33 account,orfor an aggregate amount for distribution 18 34 to the accounts in a particular financial institution, 18 35 or to an operating organization's central reserve 18 36 account for later distribution to the account holders' 18 37 accounts depending on the efficiency for issuing the 18 38 refunds. Claims shall be initially filed with the 18 39 administrator on or before a date established by the 18 40 administrator. Claims approved by the administrator 18 41 shall be paid from the general fund of the state in 18 42 the manner specified in section 422.74. 18 43 Sec. 41. Section 546.10, subsection 3, unnumbered 18 44 paragraph 2, if enacted by Senate File 2326, section 18 45 32, is amended to read as follows: 18 46 Notwithstanding subsection 5, eighty-five percent 18 47 of the funds received annually resulting from an 18 48 increase in licensing feesapproved andimplemented on 18 49 or afterJulyApril 1, 2002, by a licensing board or 18 50 commission listed in subsection 1, is appropriated to 19 1 the professional licensing and regulation division to 19 2 be allocated to the board or commission for the fiscal 19 3 year beginning July 1, 2002, and succeeding fiscal 19 4 years, for purposes related to the duties of the board 19 5 or commission, including but not limited to additional 19 6 full-time equivalent positions. The director of 19 7 revenue and finance shall draw warrants upon the 19 8 treasurer of state from the funds appropriated as 19 9 provided in this section and shall make the funds 19 10 available to the professional licensing division on a 19 11 monthly basis during each fiscal year. 19 12 Sec. 42. Section 556.12, subsection 1, Code 2001, 19 13 is amended to read as follows: 19 14 1. If a report has been filed with the treasurer 19 15 of state, or property has been paid or delivered to 19 16 the treasurer of state, for the fiscal year ending on 19 17 June 30 as required by section 556.11, the treasurer 19 18 of state shall provide for the publication annually of 19 19 at least one noticenot later thanwhich notice shall 19 20 not be published between the following September 10 19 21 and the following November3010. Each notice shall 19 22 be published at least once each week for two 19 23 successive weeks in an English language newspaper of 19 24 general circulation in the county in this state in 19 25 which is located the last known address of any person 19 26 to be named in the notice. If an address is not 19 27 listed or if the address is outside this state, the 19 28 notice shall be published in the county in which the 19 29 holder of the abandoned property has its principal 19 30 place of business within this state. 19 31 Sec. 43. Section 602.1302, subsection 3, Code 19 32 2001, is amended to read as follows: 19 33 3. A revolving fund is created in the state 19 34 treasury for the payment of jury and witness fees,and19 35 mileage, and costs related to summoning jurors by the 19 36 judicial branch. The judicial branch shall deposit 19 37 any reimbursements to the state for the payment of 19 38 jury and witness fees and mileage in the revolving 19 39 fund. Notwithstanding section 8.33, unencumbered and 19 40 unobligated receipts in the revolving fund at the end 19 41 of a fiscal year do not revert to the general fund of 19 42 the state. The judicial branch shall on or before 19 43 February 1 file a financial accounting of the moneys 19 44 in the revolving fund with the legislative fiscal 19 45 bureau. The accounting shall include an estimate of 19 46 disbursements from the revolving fund for the 19 47 remainder of the fiscal year and for the next fiscal 19 48 year. 19 49 Sec. 44. Section 602.8108, subsection 5, Code 19 50 Supplement 2001, is amended to read as follows: 20 1 5. A court technology and modernization fund is 20 2 established as a separate fund in the state treasury. 20 3 The state court administrator shall allocate one 20 4 million dollars of the moneys received under 20 5 subsection 2 to be deposited in the fund, which shall 20 6 be administered by the supreme court and shall be used 20 7as follows:20 8a. Eighty percent shall be usedto enhance the 20 9 ability of the judicial branch to process cases more 20 10 quickly and efficiently, to electronically transmit 20 11 information to state government, local governments, 20 12 law enforcement agencies, and the public, and to 20 13 improve public access to the court system.Moneys in20 14this paragraph shall not be used for the Iowa court20 15information system.20 16b. Twenty percent shall be used in equal amounts20 17to facilitate alternative dispute resolution and20 18methods to resolve domestic abuse cases, which may20 19include personnel for hearings under section 236.4.20 20 Sec. 45. 2001 Iowa Acts, chapter 182, section 7, 20 21 subsection 2, is amended by adding the following new 20 22 paragraph: 20 23 NEW PARAGRAPH. g. Notwithstanding section 8.33, 20 24 any moneys which exceed the amount budgeted in the 20 25 fiscal year beginning July 1, 2001, and ending June 20 26 30, 2002, that remain unencumbered or unobligated at 20 27 the close of the fiscal year shall not revert but 20 28 shall remain available for expenditure by the veterans 20 29 home until the close of the succeeding fiscal year. 20 30 For the purposes of this paragraph, "moneys" means 20 31 cash receipts, accruals attributable to the fiscal 20 32 year beginning July 1, 2001, and ending June 30, 2002, 20 33 and the amount of the estimated reversions to the 20 34 general fund, as last agreed to by the state revenue 20 35 estimating conference during fiscal year beginning 20 36 July 1, 2001. 20 37 Sec. 46. 2001 Iowa Acts, chapter 191, section 14, 20 38 subsection 2, is amended by adding the following new 20 39 paragraph: 20 40 NEW PARAGRAPH. f. Notwithstanding section 20 41 232.143, subsection 1, a region may exceed its budget 20 42 target for group foster care by up to twenty percent 20 43 in the fiscal year beginning July 1, 2001, and ending 20 44 June 30, 2002, provided the overall funding allocated 20 45 by the department for all child welfare services in 20 46 the region is not exceeded. It is the intent of the 20 47 general assembly that for the fiscal year beginning 20 48 July 1, 2002, the budget targets for group foster care 20 49 will be determined at levels so that special statutory 20 50 authority for exceeding the budget targets beyond the 21 1 amount authorized in section 232.143, subsection 1, 21 2 will not be necessary. 21 3 Sec. 47. Section 904.108, subsection 1, paragraph 21 4 o, Code Supplement 2001, is amended to read as 21 5 follows: 21 6 o. Establish and maintain a correctional training 21 7center at the Mount Pleasant correctional facility21 8 program. 21 9 Sec. 48. IOWA CONGRESSIONAL MEDAL OF HONOR 21 10 RECIPIENTS. The department of cultural affairs shall 21 11 conduct a study to identify an appropriate location in 21 12 the state capitol for a plaque and display honoring 21 13 the Iowa recipients of the congressional medal of 21 14 honor. The department shall report the findings and 21 15 recommendations of the study to the governor and 21 16 general assembly on or before December 31, 2002. 21 17 Sec. 49. DUPLICATION AND REORGANIZATION REVIEWS. 21 18 In implementing the requirements of 2002 Iowa Acts, 21 19 Senate File 2326, division I, if enacted, involving 21 20 the department of general services, department of 21 21 management, department of personnel, and information 21 22 technology department identifying duplicative 21 23 positions or studying the reorganization of state 21 24 government, those departments shall consult with the 21 25 departments that may be affected, consider previously 21 26 conducted studies or reviews, and identify the 21 27 projected impacts of recommended changes upon the 21 28 general fund of the state, road use tax fund, and any 21 29 other affected funding source. 21 30 Sec. 50. CHEROKEE MENTAL HEALTH INSTITUTE – 21 31 RELOCATION OF SEXUALLY VIOLENT PREDATORS UNIT. In 21 32 implementing the relocation of the unit for commitment 21 33 of sexually violent predators from Oakdale to the 21 34 state mental health institute at Cherokee in the 21 35 fiscal year beginning July 1, 2002, in accordance with 21 36 the requirement in the appropriation for the unit in 21 37 2002 Iowa Acts, Senate File 2326, if enacted, it is 21 38 the intent of the general assembly that the department 21 39 of human services complete the renovation of space at 21 40 the institute and the relocation of the unit as 21 41 expeditiously as possible. If requested by the 21 42 department of human services as necessary to complete 21 43 the renovation of space and relocation as 21 44 expeditiously as possible, notwithstanding any 21 45 provision of law or rule to the contrary, the 21 46 department of general services shall grant a waiver 21 47 for purposes of the renovation project from those 21 48 requirements in administrative rule and policy that 21 49 would otherwise govern the length of time the 21 50 renovation project components are noticed. 22 1 Sec. 51. MEDICAL ASSISTANCE – DENTAL SERVICES FOR 22 2 ADULTS. In addition to other dental services provided 22 3 to adults under the medical assistance program in 22 4 accordance with 2002 Iowa Acts, House File 2245, 22 5 section 7, subsection 2, the following services shall 22 6 be provided: 22 7 1. Root canal treatments on permanent anterior 22 8 teeth. 22 9 2. General anesthesia and intravenous sedation if 22 10 necessitated by the physical or mental disability of 22 11 the patient. 22 12 The department may adopt emergency rules to 22 13 implement this section in accordance with the 22 14 provisions of 2002 Iowa Acts, Senate File 2326, 22 15 division VI, section 135, if enacted. 22 16 Sec. 52. EXPENDITURE REPORTS. For the fiscal year 22 17 beginning July 1, 2002, the department of agriculture 22 18 and land stewardship and the department of natural 22 19 resources shall each file a written report on a 22 20 quarterly basis with the chairpersons and ranking 22 21 members of the joint appropriations subcommittee on 22 22 agriculture and natural resources and the legislative 22 23 fiscal bureau regarding all expenditures of moneys 22 24 appropriated from the general fund of the state or 22 25 from other funds available to either department during 22 26 the quarter and the number of full-time equivalent 22 27 positions allocated during the quarter. 22 28 Sec. 53. IPERS POSITIONS. The number of full-time 22 29 equivalent positions authorized the Iowa public 22 30 employees' retirement system division in 2002 Iowa 22 31 Acts, Senate File 2326, section 15, subsection 1, if 22 32 enacted, is increased by 2.00 full-time equivalent 22 33 positions. 22 34 Sec. 54. 2002 Iowa Acts, Senate File 2326, section 22 35 25, unnumbered paragraph 4, if enacted, is amended to 22 36 read as follows: 22 37 If 2002 Iowa Acts, House File 681, is enacted and 22 38 provides for the pledging of collateral in relation to 22 39 the deposit of uninsured public funds, then the 22 40 treasurer of state is authorized not more than the 22 41 following additional full-time equivalent positions 22 42 for the purposes provided for in that Act: 22 43 ...............................................FTEs2.0022 44 FTE 1.00 22 45 Sec. 55. 2002 Iowa Acts, Senate File 2326, section 22 46 39, if enacted, is amended by adding the following new 22 47 subsection: 22 48 NEW SUBSECTION. 5. Of the amount appropriated in 22 49 this section, $1,250,000 shall be used for salaries, 22 50 support, maintenance, and miscellaneous purposes for 23 1 activities regarding animal agriculture. 23 2 Sec. 56. SCHOOL FOR THE DEAF POSITIONS. 2002 Iowa 23 3 Acts, Senate File 2326, section 81, subsection 5, if 23 4 enacted, is amended to read as follows: 23 5 5. STATE SCHOOL FOR THE DEAF 23 6 For salaries, support, maintenance, miscellaneous 23 7 purposes, and for not more than the following full- 23 8 time equivalent positions: 23 9 .................................................. $ 7,891,351 23 10 ............................................... FTEs117.2923 11 129.60 23 12 Sec. 57. SCOPE OF PRACTICE REVIEW COMMITTEE. 2002 23 13 Iowa Acts, Senate File 2326, section 91, subsection 23 14 10, paragraph a, if enacted, is amended to read as 23 15 follows: 23 16 a. The department may expend funds received from 23 17 licensing fees in addition to amounts appropriated in 23 18 this subsection, if those additional expenditures are 23 19 directly the result ofa scope of practice review23 20committee orunanticipated litigation costs arising 23 21 from the discharge of an examining board's regulatory 23 22 duties. Before the department expends or encumbers 23 23 funds fora scope of practice review committee oran 23 24 amount in excess of the funds budgeted for an 23 25 examining board, the director of the department of 23 26 management shall approve the expenditure or 23 27 encumbrance. The amounts necessary to fund any 23 28 unanticipated litigationor scope of practice review23 29committeeexpense in the fiscal year beginning July 1, 23 30 2002, shall not exceed 5 percent of the average annual 23 31 fees generated by the boards for the previous two 23 32 fiscal years. 23 33 Sec. 58. 2002 Iowa Acts, Senate File 2326, section 23 34 92, subsection 6, if enacted, is amended by adding the 23 35 following new unnumbered paragraph: 23 36 NEW UNNUMBERED PARAGRAPH. The appropriation in 23 37 this subsection is contingent upon the appointment of 23 38 an administrator of the division on the status of 23 39 African-Americans and the appointment of all nine 23 40 members to the commission on the status of African- 23 41 Americans. 23 42 Sec. 59. SCOPE OF PRACTICE REVIEW COMMITTEE. 2002 23 43 Iowa Acts, Senate File 2326, section 98, if enacted, 23 44 is repealed. 23 45 Sec. 60. 2002 Iowa Acts, Senate File 2326, section 23 46 99, subsection 1, if enacted, is amended to read as 23 47 follows: 23 48 1. To be credited to the family investment program 23 49 account and used for assistance under the family 23 50 investment program under chapter 239B: 24 1 .................................................. $45,618,44724 2 46,508,982 24 3 Sec. 61. 2002 Iowa Acts, Senate File 2326, section 24 4 99, subsection 11, unnumbered paragraph 2, if enacted, 24 5 is amended to read as follows: 24 6 Pregnancy prevention grants shall be awarded to 24 7 programs in existence on or before July 1, 2002, if 24 8 the programs are comprehensive in scope and have 24 9 demonstrated positive outcomes. Grants shall be 24 10 awarded to pregnancy prevention programs which are 24 11 developed after July 1, 2002, if the programs are 24 12 comprehensive in scope and are based on existing 24 13 models that have demonstrated positive outcomes. 24 14 Grants shall comply with the requirements provided in 24 15 1997 Iowa Acts, chapter 208, section 14, subsections 1 24 16 and 2, including the requirement that grant programs 24 17 must emphasize sexual abstinence. Priority in the 24 18 awarding of grants shall be given to programs that 24 19 serve areas of the state which demonstrate the highest 24 20 percentage of unplanned pregnancies of females age or 24 21 older but younger than age 18 within the geographic 24 22 area to be served by the grant. 24 23 In addition to the full-time equivalent positions 24 24 funded in this division of this Act, the department 24 25 may use a portion of the funds appropriated in this 24 26 subsection to employ an employee in up to 1.00 full- 24 27 time equivalent position for the administration of 24 28 programs specified in this subsection. 24 29 Sec. 62. 2002 Iowa Acts, Senate File 2326, section 24 30 127, subsection 1, paragraph a, if enacted, is amended 24 31 to read as follows: 24 32 a.Notwithstanding 2001 Iowa Acts, chapter 192,24 33section 4, subsection 2, paragraph "b", the modified24 34price-based case-mix reimbursement rate upon which the24 35reimbursement rate for nursing facilities is24 36determined shall only include an additional inflation24 37factor to the extent of the funding budgeted and24 38appropriated specifically for nursing facility24 39reimbursement based on a case-mix reimbursement24 40methodology in this division of this Act or in other24 41appropriations.For the fiscal year beginning July 1, 24 42 2002, and ending June 30, 2003, nursing facilities 24 43 shall be reimbursed as provided in 2002 Iowa Acts, 24 44 House File 2613, if enacted. Nursing facilities 24 45 reimbursed under the medical assistance program shall 24 46 submit annual cost reports and additional 24 47 documentation as required by rules adopted by the 24 48 department. 24 49 Sec. 63. 2002 Iowa Acts, Senate File 2326, section 24 50 134, if enacted, is amended to read as follows: 25 1 SEC. 134. COUNTY MENTAL HEALTH, MENTAL 25 2 RETARDATION, AND DEVELOPMENTAL DISABILITIES (MH/MR/DD) 25 3 ALLOWED GROWTH FACTOR ADJUSTMENT AND ALLOCATIONS – 25 4 DISTRIBUTION FOR FY 2002-2003. 25 5 1. For the fiscal year beginning July 1, 2002, the 25 6 moneys appropriated in 2001 Acts, chapter 176, section 25 7 1, as amended by this division of this Act, for 25 8 distribution to counties of the county mental health, 25 9 mental retardation, and developmental disabilities 25 10 allowed growth factor adjustment, shall be distributed 25 11 as provided in this section in lieu of the provisions 25 12 of section 331.438, subsection 2, and section 331.439, 25 13 subsection 3, and chapter 426B, as follows: 25 14 a. The first $2,000,000500,000 shall be credited 25 15 to the risk pool created in the property tax relief 25 16 fund and shall be distributed pursuant to section 25 17 426B.5, subsection 2. 25 18 b. The remaining $12,500,00014,000,000 shall be 25 19 distributed as provided in this section. 25 20 2. The following formula amounts shall be utilized 25 21 only to calculate preliminary distribution amounts for 25 22 fiscal year 2002-2003 under this section by applying 25 23 the indicated formula provisions to the formula 25 24 amounts and producing a preliminary distribution total 25 25 for each county: 25 26 a. For calculation of an allowed growth factor 25 27 adjustment amount for each county in accordance with 25 28 the formula in section 331.438, subsection 2, 25 29 paragraph "b": 25 30 .................................................. $ 12,000,000 25 31 b. For calculation of a distribution amount for 25 32 eligible counties from the per capita expenditure 25 33 target pool created in the property tax relief fund in 25 34 accordance with the requirements in section 426B.5, 25 35 subsection 1: 25 36 .................................................. $12,492,71225 37 14,492,712 25 38 c. For calculation of a distribution amount for 25 39 counties from the mental health and developmental 25 40 disabilities (MH/DD) community services fund in 25 41 accordance with the formula provided in this division 25 42 of this Act: 25 43 .................................................. $ 18,127,352 25 44 3. Notwithstanding any contrary provisions of 25 45 sections 225C.7, 331.438, subsection 2, 331.439, 25 46 subsection 3, and 426B.5, the moneys allocated for 25 47 distribution in subsection 1, paragraph "b", and in 25 48 any other Act of the Seventy-ninth General Assembly, 25 49 2002 Session, for distribution to counties in the 25 50 fiscal year beginning July 1, 2002, for purposes of 26 1 the mental health and developmental disabilities 26 2 (MH/DD) community services fund under section 225C.7, 26 3 and for the allowed growth factor adjustment for 26 4 services paid under a county's section 331.424A mental 26 5 health, mental retardation, and developmental 26 6 disabilities services fund and as calculated under 26 7 subsection 2 to produce preliminary distribution 26 8 amounts for counties shall be subject to withholding 26 9 as provided in this section. 26 10 4. After applying the applicable statutory 26 11 distribution formulas to the amounts indicated in 26 12 subsection 2 for purposes of formula calculations to 26 13 produce preliminary distribution totals, the 26 14 department of human services shall apply a withholding 26 15 factor to adjust an eligible individual county's 26 16 preliminary distribution total. An ending balance 26 17 percentage for each county shall be determined by 26 18 expressing the county's ending balance on a modified 26 19 accrual basis under generally accepted accounting 26 20 principles for the fiscal year beginning July 1, 2001, 26 21 in the county's mental health, mental retardation, and 26 22 developmental disabilities services fund created under 26 23 section 331.424A, as a percentage of the county's 26 24 gross expenditures from that fund for that fiscal 26 25 year. The withholding factor for a county shall be 26 26 the following applicable percent: 26 27 a. For an ending balance percentage of less than 26 28 10 percent, a withholding factor of 0 percent. 26 29 b. For an ending balance percentage of 10 through 26 30 24 percent, a withholding factor of2541.47 percent. 26 31 c. For an ending balance percentage of 25 through 26 32 34 percent, a withholding factor of 60 percent. 26 33 d. For an ending balance percentage of 35 through 26 34 44 percent, a withholding factor of 85 percent. 26 35 e. For an ending balance percentage of 45 percent 26 36 or more, a withholding factor of 100 percent. 26 37 5. The total withholding amounts applied pursuant 26 38 to subsection 4 shall be equal to a withholding target 26 39 amount of $11,992,71212,492,712 and the appropriation 26 40 made in this division of this Act for the MH/DD 26 41 community services fund and the appropriation made in 26 42 2001 Iowa Acts, chapter 176, section 1, as amended by 26 43 this division of this Act shall be reduced by the 26 44 amount necessary to attain the withholding target 26 45 amount. If the department of human services 26 46 determines that the amount to be withheld in 26 47 accordance with subsection 4 is not equal to the 26 48 target withholding amount, the department shall adjust 26 49 the withholding factors listed in subsection 4 as 26 50 necessary to achieve the withholding target amount. 27 1 However, in making such adjustments to the withholding 27 2 factors, the department shall strive to minimize 27 3 changes to the withholding factors for those ending 27 4 balance percentage ranges that are lower than others 27 5 and shall not adjust the zero withholding factor 27 6 specified in subsection 4, paragraph "a". 27 7 6.AIn order to be eligible for a funding 27 8 distribution under this section, a county must levy at 27 9 least 70 percent of the maximum allowed for the 27 10 county's services fund under section 331.424A for 27 11 taxes due and payable in the fiscal year beginning 27 12 July 1, 2002, and comply with the December 1, 2002, 27 13 filing deadline for the county annual financial report 27 14 in accordance with section 331.403. The amount that 27 15 would otherwise be available for distribution to a 27 16 county that fails to so comply shall be 27 17 proportionately distributed among the eligible 27 18 counties. 27 19 7. The department of human services shall 27 20 authorize the issuance of warrants payable to the 27 21 county treasurer for the distribution amounts due the 27 22 counties eligible under this section and 27 23 notwithstanding prior practice for the MH/DD community 27 24 services fund, the warrants shall be issued in January 27 25 2003. 27 26 Sec. 64. 2002 Iowa Acts, Senate File 2326, section 27 27 104, subsection 12, if enacted, is amended to read as 27 28 follows: 27 29 12.If federal funding is received or if moneys27 30are appropriated, the department may participateOf 27 31 the moneys appropriated in this section, $150,000 27 32 shall be used as state matching funds, in combination 27 33 with federal and private funds, for participation in a 27 34 federal home telecare pilot program intended to manage 27 35 health care needs of subpopulations of Iowans and 27 36 specifically including subpopulations of Iowans who 27 37 require high utilization of health care services and 27 38 represent a disproportionate share of consumption of 27 39 health care services. The program shall be 27 40 administered by the Iowa telecare consortium, which is 27 41 a collaboration of public, private, academic, and 27 42 governmental participants coordinated by Des Moines 27 43 university – osteopathic medical center. The program 27 44 may direct telecare services to persons with diagnoses 27 45 of specific nonacute chronic illnesses, which may 27 46 include, but are not limited to, chronic obstructive 27 47 pulmonary disease, congestive heart disease, diabetes, 27 48 and asthma. Des Moines university – osteopathic 27 49 medical center shall submit a report to the general 27 50 assembly by January 15, 2003, regarding the status of 28 1 the pilot program. The program guidelines shall be 28 2 consistent with those specified under 2001 Iowa Acts, 28 3 chapter 191, section 7, subsection 15. 28 4 Sec. 65. 2002 Iowa Acts, Senate File 2326, section 28 5 154, subsection 2, unnumbered paragraph 2, if enacted, 28 6 is amended to read as follows: 28 7 Riverboat enforcement costs shall be billed in 28 8 accordance with section 99F.10, subsection 4, and 28 9 section 99F.10A. The costs shall be not more than the 28 10 department's estimated expenditures, including salary 28 11 adjustment, for riverboat enforcement for the fiscal 28 12 year. The costs billed to the riverboats shall not be 28 13 more than $1,280,000 in excess of the amount billed to 28 14 the riverboats in the fiscal year beginning July 1, 28 15 2001. Racetrack enforcement costs shall be billed in 28 16 accordance with section 99D.14, subsection 7, and 28 17 section 99D.14A. The costs shall be not more than the 28 18 department's estimated expenditures, including salary 28 19 adjustment, for racetrack enforcement for the fiscal 28 20 year. The costs billed to the racetracks shall not be 28 21 more than $420,000 in excess of the amount billed to 28 22 the racetracks in the fiscal year beginning July 1, 28 23 2001. 28 24 Sec. 66. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 28 25 2002 Iowa Acts, Senate File 2326, section 175, 28 26 subsection 14, if enacted, is amended by striking the 28 27 subsection. 28 28 Sec. 67. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 28 29 Notwithstanding section 312.2, subsection 14, the 28 30 amount appropriated from the general fund of the state 28 31 under section 312.2, subsection 14, to the state 28 32 department of transportation for public transit 28 33 assistance under chapter 324A for the fiscal year 28 34 beginning July 1, 2001, and ending June 30, 2002, is 28 35 reduced by the following amount: 28 36 .................................................. $ 1,107,938 28 37 Sec. 68. Chapter 2A, Code 2001, is repealed. 28 38 Sec. 69. EFFECTIVE DATE – CONTINGENCY – REPORT 28 39 TO CODE EDITOR. The section of this division of this 28 40 Act amending section 249A.3, relating to the optional 28 41 category of individuals covered under the medical 28 42 assistance program relating to persons with 28 43 disabilities who have earned income, takes effect only 28 44 if the department does not win the appeal against the 28 45 centers for Medicare and Medicaid of the United States 28 46 department of health and human services relating to 28 47 the state plan amendment. The department shall notify 28 48 the Code editor when the department is notified of a 28 49 decision on the appeal in order to identify an 28 50 effective date. 29 1 Sec. 70. EFFECTIVE DATE. The section in this Act 29 2 relating to dental services for adults under the 29 3 medical assistance program, being deemed of immediate 29 4 importance, takes effect upon enactment. 29 5 Sec. 71. EFFECTIVE DATE. The section of this 29 6 division of this Act that amends 2001 Iowa Acts, 29 7 chapter 182, section 7, being deemed of immediate 29 8 importance, takes effect upon enactment. 29 9 Sec. 72. EFFECTIVE DATE. The provision of this 29 10 division of this Act amending 2001 Iowa Acts, chapter 29 11 191, section 14, relating to the department of human 29 12 services exceeding its budget target for group foster 29 13 care by up to twenty percent in fiscal year 2001-2002. 29 14 DIVISION III 29 15 CORRECTIVE AMENDMENTS 29 16 Sec. 73. Section 8.55, subsection 2, paragraph d, 29 17 if enacted by 2002 Iowa Acts, House File 2075, section 29 18 1, is amended to read as follows: 29 19 d. Notwithstanding paragraph "a", any moneys in 29 20 excess of the maximum balance in the economic 29 21 emergency fund after the distribution of the surplus 29 22 in the general fund of the state at the conclusion of 29 23 each fiscal year and after the appropriateamount29 24 amounts have been transferred pursuant to paragraphs 29 25 "b" and "c" shall not be transferred to the general 29 26 fund of the state but shall be transferred to the 29 27 endowment for Iowa's health account of the tobacco 29 28 settlement trust fund. The total amount transferred, 29 29 in the aggregate, under this paragraph for all fiscal 29 30 years shall not exceed the difference between fifty- 29 31 one million five hundred thousand dollars and the 29 32 amounts transferred to the endowment for Iowa's health 29 33 account to repay the amounts transferred or 29 34 appropriated from the endowment for Iowa's health 29 35 account in 2002 Iowa Acts, House File 2245, 2002 Iowa 29 36 Acts, Senate File 2304, and 2002 Iowa Acts, Senate 29 37 File 2315. 29 38 Sec. 74. Section 10D.1, unnumbered paragraph 1, as 29 39 enacted by 2002 Iowa Acts, Senate File 2210, section 29 40 3, is amended to read as follows: 29 41 As used in thissectionchapter, unless the context 29 42 otherwise requires: 29 43 Sec. 75. Section 15E.42, subsection 3, as enacted 29 44 by 2002 Iowa Acts, House File 2271, section 2, is 29 45 amended to read as follows: 29 46 3. "Investor" means an individual making a cash 29 47 investment in a qualifying business or a person making 29 48 a cash investment in a community-based seed capital 29 49 fund. "Investor" does not include a person which is a 29 50 current or previous owner, member, or shareholder in a 30 1qualifiedqualifying business. 30 2 Sec. 76. Section 15E.43, subsection 1, paragraph 30 3 a, as enacted by 2002 Iowa Acts, House File 2271, 30 4 section 3, is amended to read as follows: 30 5 a. For tax years beginning on or after January 1, 30 6 2002, a tax credit shall be allowed against the taxes 30 7 imposed in chapter 422, division II, for a portion of 30 8 an individual taxpayer's equity investment, as 30 9 provided in subsection 2, in aqualifiedqualifying 30 10 business. An individual shall not claim a tax credit 30 11 under this paragraph of a partnership, limited 30 12 liability company, S corporation, estate, or trust 30 13 electing to have income taxed directly to the 30 14 individual. 30 15 Sec. 77. Section 15E.224, subsection 1, as enacted 30 16 by 2002 Iowa Acts, House File 2078, section 4, is 30 17 amended to read as follows: 30 18 1. An Iowa capital investment corporation may be 30 19 organized as a private, not-for-profit corporation 30 20 under chapter 504A. The Iowa capital investment 30 21 corporation is not a public corporation or 30 22 instrumentality of the state and shall not enjoy any 30 23 of the privileges and shall not be required to comply 30 24 with the requirements of a state agency. Except as 30 25 otherwise provided in this division, this division 30 26 does not exempt the corporation from the requirements 30 27 under state law which apply to other corporations 30 28 organized under chapter 504A. The purposes of an Iowa 30 29 capital investment corporation shall be to organize 30 30 the Iowa fund of funds, to select a venture capital 30 31 investment fund allocation manager to select venture 30 32 capital fund investments by the Iowa fund of funds, to 30 33 negotiate the terms of a contract with the venture 30 34 capital investment fund allocation manager, to execute 30 35 the contract with the selected venture capital 30 36 investment fund allocation manager on behalf of the 30 37 Iowa fund of funds, to receive investment returns from 30 38 the Iowa fund of funds, and to reinvest the investment 30 39 returns in additional venture capital investments 30 40 designed to result in a significant potential to 30 41 create jobs and to diversify and stabilize the economy 30 42 of the state. The corporation shall not exercise 30 43 governmental functions and shall not have members. 30 44 The obligations of the corporation are not obligations 30 45 of this state or any political subdivision of this 30 46 state within the meaning of any constitutional or 30 47 statutory debt limitations, but are obligations of the 30 48 corporation payable solely and only from the 30 49 corporation's funds. The corporation shall not and 30 50 cannot pledge the credit or taxing power of this state 31 1 or any political subdivision of this state or make its 31 2 debts payable out of any moneys except those of the 31 3 corporation. 31 4 Sec. 78. Section 29A.90, subsection 3, if enacted 31 5 by 2002 Iowa Acts, Senate File 2124, section 24, is 31 6 amended to read as follows: 31 7 3. "Military service" means full-time active state 31 8 service or state active duty, as defined in section 31 9 29A.1, for a period of at least ninety consecutive 31 10 days, commencing on or after the effective date of 31 11 this division of this Act. 31 12 Sec. 79. Section 41.1, subsection 28, Code 2001, 31 13 as amended by 2001 Iowa Acts, First Extraordinary 31 14 Session, chapter 1, section 2, is amended to read as 31 15 follows: 31 16 28. The twenty-eighth representative district in 31 17 Dubuque county shall consist of those portions of 31 18 Dubuque and Table Mound townships and the city of 31 19 Dubuque bounded by a line commencing at the point 31 20 Asbury road intersects the east corporate limit of the 31 21 city of Asbury, then proceeding first south, and then 31 22 in a clockwise manner along the corporate limits of 31 23 the city of Asbury until it intersects thewesteast 31 24 boundary ofDubuqueCenter township, then proceeding 31 25 first south, and then in a clockwise manner along the 31 26westboundary ofDubuqueCenter township until it 31 27 intersects the east boundary of Vernon township and 31 28 the corporate limits of the city of Dubuque, then 31 29 proceeding firstwestsouth, and then in a 31 30 counterclockwise manner along the corporate limits of 31 31 the city of Dubuque until it intersects the south 31 32 boundary of Dubuque township, then proceeding east 31 33 along the south boundary of Dubuque township until it 31 34 intersects the corporate limits of the city of 31 35 Dubuque, then proceeding first east, and then in a 31 36 counterclockwise manner along the corporate limits of 31 37 the city of Dubuque until it intersects the east 31 38 boundary of Table Mound township, then proceeding 31 39 north along the boundary of Table Mound township until 31 40 it intersects the corporate limits of the city of 31 41 Dubuque, then proceeding first east, and then in a 31 42 counterclockwise manner along the corporate limits of 31 43 the city of Dubuque until it intersects the Peosta 31 44 channel of the Mississippi river, then proceeding 31 45 southwesterly along the Peosta channel until it 31 46 intersects East Sixteenth street, then proceeding 31 47 southwesterly along East Sixteenth street until it 31 48 intersects Kerper boulevard, then proceeding northerly 31 49 along Kerper boulevard until it intersects Fengler 31 50 street, then proceeding northwest along Fengler street 32 1 until it intersects the I & M Rail Link tracks, then 32 2 proceeding southwest along the I & M Rail Link tracks 32 3 until it intersects the extension of Stafford street, 32 4 then proceeding westerly along the extension of 32 5 Stafford street until it intersects Garfield avenue, 32 6 then proceeding southwest along Garfield avenue until 32 7 it intersects East Twentieth street, then proceeding 32 8 southwesterly along East Twentieth street until it 32 9 intersects Central avenue, then proceeding northwest 32 10 along Central avenue until it intersects West Twenty- 32 11 third street, then proceeding southwesterly along West 32 12 Twenty-third street until it intersects Valeria 32 13 street, then proceeding northwesterly along Valeria 32 14 street until it intersects Kaufmann avenue, then 32 15 proceeding southeast along Kaufmann avenue until it 32 16 intersects Hempstead street, then proceeding southwest 32 17 along Hempstead street until it intersects Montcrest 32 18 street, then proceeding westerly along Montcrest 32 19 street until it intersects Portland street, then 32 20 proceeding southwest along Portland street until it 32 21 intersects Abbott street, then proceeding south along 32 22 Abbott street until it intersects Lowell street, then 32 23 proceeding east along Lowell street until it 32 24 intersects Harold street, then proceeding south along 32 25 Harold street until it intersects Clarke drive, then 32 26 proceeding easterly along Clarke drive until it 32 27 intersects Foye street, then proceeding southerly 32 28 along Foye street until it intersects West Locust 32 29 street, then proceeding west along West Locust street 32 30 until it intersects Kirkwood street, then proceeding 32 31 southwest along Kirkwood street until it intersects 32 32 Cox street, then proceeding southeast along Cox street 32 33 until it intersects Loras boulevard, then proceeding 32 34 southwest along Loras boulevard until it intersects 32 35 Wood street, then proceeding southeast along Wood 32 36 street until it intersects University avenue, then 32 37 proceeding east along University avenue until it 32 38 intersects Delhi street, then proceeding southwest 32 39 along Delhi street until it intersects West Fifth 32 40 street, then proceeding southeast along West Fifth 32 41 street until it intersects College street, then 32 42 proceeding southerly along College street until it 32 43 intersects West Third street, then proceeding 32 44 southwest along West Third street until it intersects 32 45 North Grandview avenue, then proceeding south along 32 46 North Grandview avenue until it intersects Hale 32 47 street, then proceeding west along Hale street until 32 48 it intersects North Algona street, then proceeding 32 49 north along North Algona street until it intersects 32 50 Bennett street, then proceeding west along Bennett 33 1 street until it intersects McCormick street, then 33 2 proceeding northerly along McCormick street until it 33 3 intersects Mineral street, then proceeding west along 33 4 Mineral street until it intersects O'Hagen street, 33 5 then proceeding north along O'Hagen street until it 33 6 intersects Pearl street, then proceeding west along 33 7 Pearl street until it intersects Finley street, then 33 8 proceeding northwest along Finley street until it 33 9 intersects University avenue, then proceeding 33 10 northeast along University avenue until it intersects 33 11 Asbury road, then proceeding northwesterly along 33 12 Asbury road until it intersects Wilbricht lane, then 33 13 proceeding west along Wilbricht lane until it 33 14 intersects Flora Park road, then proceeding 33 15 southwesterly along Flora Park road until it 33 16 intersects Pennsylvania avenue, then proceeding west 33 17 along Pennsylvania avenue until it intersects 33 18 Churchill drive, then proceeding north along Churchill 33 19 drive until it intersects St. Anne drive, then 33 20 proceeding west along St. Anne drive until it 33 21 intersects Carter road, then proceeding north along 33 22 Carter road until it intersects Hillcrest road, then 33 23 proceeding west along Hillcrest road until it 33 24 intersects John F. Kennedy road, then proceeding north 33 25 along John F. Kennedy road until it intersects 33 26 Hillcrest road, then proceeding west along Hillcrest 33 27 road until it intersects Key Largo drive, then 33 28 proceeding south along Key Largo drive until it 33 29 intersects Keymeer drive, then proceeding east along 33 30 Keymeer drive until it intersects Key Way drive, then 33 31 proceeding south along Key Way drive until it 33 32 intersects the north fork of Catfish creek, then 33 33 proceeding west along the north fork of Catfish creek 33 34 until it intersects the extension of Winne court, then 33 35 proceeding north along Winne court and its extension 33 36 until it intersects Hillcrest road, then proceeding 33 37 east along Hillcrest road until it intersects the 33 38 north branch of the north fork of Catfish creek, then 33 39 proceeding northwesterly along the north branch of the 33 40 north fork of Catfish creek until it intersects the 33 41 northwest branch of the north fork of Catfish creek, 33 42 then proceeding northwest along the northwest branch 33 43 of the north fork of Catfish creek until it intersects 33 44 Asbury road, then proceeding west along Asbury road to 33 45 the point of origin. 33 46 Sec. 80. Section 53.7, subsection 2, Code 2001, as 33 47 amended by 2002 Iowa Acts, House File 2409, section 33 48 11, is amended to read as follows: 33 49 2. It is unlawful for any public officer or 33 50 employee, or any person acting under color of a public 34 1 officer or employee, to knowingly require a public 34 2 employee to solicit an application or requestforan 34 3 application for an absentee ballot, or to knowingly 34 4requires thatrequire an employee to take an affidavit 34 5 or request for an affidavit in connection with an 34 6 absentee ballot application. 34 7 Sec. 81. Section 256F.4, subsections 1 and 3, if 34 8 enacted by 2002 Iowa Acts, Senate File 348, section 4, 34 9 are amended to read as follows: 34 10 1. Within fifteen days after approval of a charter 34 11 school application submitted in accordance with 34 12 section 256F.3, subsection 2, a school board shall 34 13 report to the department the name of the charter 34 14 school applicantentry, the proposed charter school 34 15 location, and its projected enrollment. 34 16 3. A charter school shall not discriminate in its 34 17 student admissions policies or practices on the basis 34 18 of intellectual or athletic ability, measures of 34 19 achievement or aptitude, or status as a person with a 34 20 disability. However, a charter school may limit 34 21 admission to students who are within a particular 34 22 range ofageages or gradelevellevels or on any 34 23 other basis that would be legal if initiated by a 34 24 school district. Enrollment priority shall be given 34 25 to the siblings of students enrolled in a charter 34 26 school. 34 27 Sec. 82. Section 303A.7, subsection 1, as enacted 34 28 by 2002 Iowa Acts, House File 2571, section 8, is 34 29 amended to read as follows: 34 30 1. An Iowa cultural trust grant account is created 34 31 in the office of the treasurer of state under the 34 32 control of the board to receive interest attributable 34 33 to the investment of trust fund moneys as required by 34 34 section 303A.4, subsection 4. The moneys in the grant 34 35 account are appropriated to the board for purposes of 34 36 the Iowa cultural trust created in section 303A.4. 34 37 Moneys in the grant account shall not be subject to 34 38 appropriation for any other purpose by the general 34 39 assembly, but shall be used only for the purposes of 34 40 the Iowa cultural trust. The treasurer of state shall 34 41 act as custodian of the grant account and disburse 34 42 moneys contained in the grant account as directed by 34 43 the board. The board shall make expenditures from the 34 44 grant account consistent with the purposes of the Iowa 34 45 cultural trust. 34 46 Sec. 83. Section 356.36A, as enacted by 2002 Iowa 34 47 Acts, Senate File 2278, section 1, is amended to read 34 48 as follows: 34 49 356.36A CONFINEMENT AND DETENTION REPORT – DESIGN 34 50 PROPOSALS. 35 1 The division of criminal and juvenile justice 35 2 planning of the department of human rights, in 35 3 consultation with the department of corrections, the 35 4 Iowa county attorneys association, the Iowa state 35 5 sheriff's association, the Iowa association of chiefs 35 6 of police and peace officers, a statewide organization 35 7 representing rural property taxpayers, the Iowa league 35 8 of cities, and the Iowa board of supervisors 35 9 association, shall prepare a report analyzing the 35 10 confinement and detention needs of jails and 35 11 facilities established pursuant tochapterchapters 35 12 356 and 356A. The report for each type of jail or 35 13 facility shall include but is not limited to an 35 14 inventory of prisoner space, daily prisoner counts, 35 15 options for detention of prisoners with mental illness 35 16 or substance abuse service needs, and the compliance 35 17 status under section 356.36 for each jail or facility. 35 18 The report shall contain an inventory of recent jail 35 19 or facility construction projects in which voters have 35 20 approved the issuance of general obligation bonds, 35 21 essential county purpose bonds, revenue bonds, or 35 22 bonds issued pursuant to chapter 422B. The report 35 23 shall be revised periodically as directed by the 35 24 administrator of the division of criminal and juvenile 35 25 justice planning. The first submission of the report 35 26 shall include recommendations on offender data needed 35 27 to estimate jail space needs in the next two, three, 35 28 and five years, on a county, geographic region, and 35 29 statewide basis, which may be based upon information 35 30 submitted pursuant to section 356.49. 35 31 Sec. 84. Section 359.49, subsection 7A, unnumbered 35 32 paragraph 1, as enacted by 2002 Iowa Acts, House File 35 33 2448, section 1, is amended to read as follows: 35 34 A township that has entered into an agreement with 35 35 a municipality to receive fire protection service or 35 36 emergency medical service from the municipality may 35 37 request that a portion of its taxes be paid directly 35 38 to the municipality providing the fire protection 35 39 service or emergency medical service. Each year, the 35 40 township must note its request on the budget and must 35 41 attach a copy of the emergency services agreement to 35 42 each copy of the budget transmitted to the county 35 43 auditor. The auditor shall direct the county 35 44 treasurer as to what portion of the township taxes to 35 45 disburse to the municipality providing the fire 35 46 protection service or emergency medical service. 35 47 Sec. 85. Section 453A.58, subsection 1, paragraph 35 48 a, as created in 2002 Iowa Acts, Senate File 2317, 35 49 section 4, if enacted, is amended to read as follows: 35 50 a. The tobacco product manufacturer of the brand, 36 1 or any predecessor tobacco product manufacturer of the 36 2 brand, is a participating manufacturerin compliance36 3withas described in section 453C.2, subsection 1. 36 4 Sec. 86. Section 453A.58, subsection 2, as created 36 5 in 2002 Iowa Acts, Senate File 2317, section 4, if 36 6 enacted, is amended to read as follows: 36 7 2. A distributor shall not affix stamps or cause 36 8 stamps to be affixed to individual packages of any 36 9 brand of cigarettes, subsequent to notice to the 36 10 distributor by the department of revenue and finance 36 11 that the tobacco product manufacturer isin violation36 12of chapter 453Cnot in compliance with subsection 1 36 13 with reference to that brand. 36 14 Sec. 87. Section 453A.59, subsection 1, paragraph 36 15 a, as created in 2002 Iowa Acts, Senate File 2317, 36 16 section 5, if enacted, is amended to read as follows: 36 17 a. A participating manufacturerpursuant to36 18 described in section 453C.2, subsection 1. 36 19 Sec. 88. Section 490.732, subsection 4, if enacted 36 20 by 2002 Iowa Acts, House File 2509, section 22, is 36 21 amended to read as follows: 36 22 4. An agreement authorized by this section shall 36 23 cease to be effective when shares of the corporation 36 24 are listed on a national securities exchange or 36 25 regularlytracedtraded in a market maintained by one 36 26 or more members of a national or affiliated securities 36 27 association. If the agreement ceases to be effective 36 28 for any reason, the board of directors may, if the 36 29 agreement is contained or referred to in the 36 30 corporation's articles of incorporation or bylaws, 36 31 adopt an amendment to the articles of incorporation or 36 32 bylaws, without shareholder action, to delete the 36 33 agreement and any references to it. 36 34 Sec. 89. Section 490.853, subsection 3, unnumbered 36 35 paragraph 1, if enacted by 2002 Iowa Acts, House File 36 36 2509, section 47, is amended to read as follows: 36 37 Authorizations under this section shall be made 36 38 according totheone of the following: 36 39 Sec. 90. Section 490.1003, subsection 2, if 36 40 enacted by 2002 Iowa Acts, House File 2509, section 36 41 56, is amended to read as follows: 36 42 2. Except as provided insectionsections 36 43 490.1005, 490.1007, and 490.1008, after adopting the 36 44 proposed amendment, the board of directors must submit 36 45 the amendment to the shareholders for their approval. 36 46 The board of directors must also transmit to the 36 47 shareholders a recommendation that the shareholders 36 48 approved the amendment, unless the board of directors 36 49 makes a determination that because of conflicts of 36 50 interest or other special circumstances it should not 37 1 make such a recommendation, in which case the board of 37 2 directors must transmit to the shareholders the basis 37 3 for the determination. 37 4 Sec. 91. Section 490.1303, subsection 2, paragraph 37 5 b, Code 2001, as amended by 2002 Iowa Acts, House File 37 6 2509, section 80, if enacted, is amended to read as 37 7 follows: 37 8 b. Does so with respect to all shares of the class 37 9ofor series that are beneficially owned by the 37 10 beneficial shareholder. 37 11 Sec. 92. Section 524.814, Code 2001, is amended to 37 12 read as follows: 37 13 524.814 PLEDGE OF ASSETS. 37 14 Pursuant to a resolution of its board of directors, 37 15 a state bank may lend or pledge its assets for the 37 16 following purposes, and for no other purposes: 37 17 1. To secure deposits of the state bank or a bank 37 18 that is an affiliate of the state bank when a customer 37 19 is required to obtain such security, or a bank is 37 20 required to provide security, by the laws of the 37 21 United States, by any agency or instrumentality of the 37 22 United States, by the laws of the state of Iowa, by 37 23 the state board of regents, by a resolution or 37 24 ordinance relating to the issuance of bonds, by the 37 25 terms of any interstate compact or by order of any 37 26 court of competent jurisdiction. The lending of 37 27 securities to a bank that is an affiliate, or the 37 28 pledging of securities for the account of a bank that 37 29 is an affiliate, shall be on terms and conditions that 37 30 are consistent with safe and sound banking practices. 37 31 2. To secure money borrowed by the state bank, 37 32 provided that capital notes or debentures issued 37 33 pursuant to section 524.404 shall not in any event be 37 34 secured by a pledge of assets or otherwise. 37 35 3. To secure participations sold to the federal 37 36 agricultural mortgage corporation. 37 37 Sec. 93. Section 633.4213, subsection 1, Code 37 38 Supplement 2001, as amended by 2002 Iowa Acts, House 37 39 File 2531, section 12, if enacted, is amended to read 37 40 as follows: 37 41 1. The trustee shall inform each qualified 37 42 beneficiary oftheirthe beneficiary's right to 37 43 receive an annual accounting and a copy of the trust 37 44 instrument. The trustee shall also inform each 37 45 qualified beneficiary about the process necessary to 37 46 obtain an annual accounting or a copy of the trust 37 47 instrument, if not provided. The trustee shall 37 48 further inform the beneficiary whether the beneficiary 37 49 will, or will not, receive an annual accounting if the 37 50 beneficiary fails to take any action. If a 38 1 beneficiary has previously been provided the notice 38 2 required by this section, additional notice shall not 38 3 be required due to a change of trustees or a change in 38 4 the composition of the qualified beneficiaries. 38 5 Sec. 94. Section 724.26, as amended by 2002 Iowa 38 6 Acts, House File 2363, section 4, is amended to read 38 7 as follows: 38 8 724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR 38 9 DOMINION AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS 38 10 BY FELONS. 38 11 A person who is convicted of a felony in a state or 38 12 federal court, or who is adjudicated delinquent on the 38 13 basis of conduct that would constitute a felony if 38 14 committed by an adult, and who knowingly has under the 38 15 person's dominion and control or possession,or38 16 receives, or transports or causes to be transported a 38 17 firearm or offensive weapon is guilty of a class "D" 38 18 felony. 38 19 Sec. 95. 2001 Iowa Acts, chapter 174, section 1, 38 20 subsection 1, unnumbered paragraph 3, as enacted by 38 21 2002 Iowa Acts, Senate File 2315, section 4, is 38 22 amended to read as follows: 38 23 For the fiscal year beginning July 1, 2002, and 38 24 ending June 30, 2003, of the $75,000,000 to be 38 25 deposited in the endowment for Iowa's health account 38 26 of the tobacco settlement trust fund under this 38 27 subsection,the first$20,000,000 is appropriated to 38 28 the department of management to pay that part of 38 29 foundation aid which represents the allowable growth 38 30 amounts for all school districts. An appropriation 38 31 from the general fund of the state for foundation aid 38 32 which is supplanted by the appropriation made in this 38 33 subsection, shall be reduced by the amount of the 38 34 appropriation which supplants it. 38 35 Sec. 96. 2002 Iowa Acts, Senate File 348, section 38 36 14, if enacted, is amended to read as follows: 38 37 SEC. 14. EXPEDITED APPLICATION PROCEDURE. The 38 38 state board of education shall develop an expedited 38 39 charter school application procedure for the fiscal 38 40 year beginning July 1,20032002, for purposes of 38 41 receiving federal planning funds issued pursuant to 38 42 the federal Elementary and Secondary Education Act of 38 43 1965, Title X, Part C, as codified in 20 U.S.C. } 38 44 8061-8067. 38 45 Sec. 97. 2002 Iowa Acts, Senate File 2326, section 38 46 38, subsection 2, if enacted, is amended to read as 38 47 follows: 38 48 2. If House File25242617 is enacted by the 38 49 Seventy-ninth General Assembly, 2002 Session, the 38 50 amount appropriated in subsection 1 shall be increased 39 1 by $38,000. The increased amount shall be used to 39 2 fill a vacant position in the dairy products control 39 3 bureau. 39 4 Sec. 98. 2002 Iowa Acts, Senate File 2326, section 39 5 175, subsection 2, unnumbered paragraph 2, if enacted, 39 6 is amended to read as follows: 39 7 If total approved claims for reimbursement for 39 8 nonpublic school pupil transportation claims exceed 39 9 the amount appropriated in thissectionsubsection, 39 10 the department of education shall prorate the amount 39 11 of each claim. 39 12 Sec. 99. 2002 Iowa Acts, House File 2378, section 39 13 10, subsection 1, if enacted, is amended to read as 39 14 follows: 39 15 1. Section 4 of this Act, amending section 39 16 15E.193C, subsections 2, 5, and 10, Code Supplement 39 17 2001, being deemed of immediate importance, takes 39 18 effect April 30, 2002, and, if approved by the 39 19 governor after April 30, 2002, shall apply 39 20 retroactively to April 30, 2002. 39 21 Sec. 100. 2002 Iowa Acts, Senate File 2275, 39 22 sections 170 through 174, if enacted, are repealed. 39 23 Sec. 101. 2002 Iowa Acts, House File 2453, section 39 24 6, if enacted, is repealed. 39 25 Sec. 102. EFFECTIVE DATE. The sections in this 39 26 division of this Act amending new Code section 29A.90, 39 27 subsection 3, and 2002 Iowa Acts, Senate File 348, 39 28 section 14, being deemed of immediate importance, take 39 29 effect upon enactment. 39 30 Sec. 103. CONTINGENT EFFECTIVE DATE. The section 39 31 in this division of this Act amending section 524.814 39 32 is effective contingent upon the enactment of 2002 39 33 Iowa Acts, House File 681. 39 34 DIVISION IV 39 35 MH/MR/DD – FY 2003-2004 ALLOWED GROWTH 39 36 Sec. 104. COUNTY MENTAL HEALTH, MENTAL 39 37 RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED 39 38 GROWTH FACTOR ADJUSTMENT AND ALLOCATIONS – FISCAL 39 39 YEAR 2003-2004. There is appropriated from the 39 40 general fund of the state to the department of human 39 41 services for the fiscal year beginning July 1, 2003, 39 42 and ending June 30, 2004, the following amount, or so 39 43 much thereof as is necessary, to be used for the 39 44 purpose designated: 39 45 For distribution to counties of the county mental 39 46 health, mental retardation, and developmental 39 47 disabilities allowed growth factor adjustment, as 39 48 provided in this section in lieu of the provisions of 39 49 section 331.438, subsection 2, and section 331.439, 39 50 subsection 3, and chapter 426B: 40 1 .................................................. $ 19,073,638 40 2 1. The funding appropriated in this section is the 40 3 allowed growth factor adjustment for fiscal year 2003- 40 4 2004, and is allocated as follows: 40 5 a. For distribution as provided in this section: 40 6 .................................................. $ 17,073,638 40 7 b. For deposit in the risk pool created in the 40 8 property tax relief fund and for distribution in 40 9 accordance with section 426B.5, subsection 2: 40 10 .................................................. $ 2,000,000 40 11 2. The following formula amounts shall be utilized 40 12 only to calculate preliminary distribution amounts for 40 13 fiscal year 2003-2004 under this section by applying 40 14 the indicated formula provisions to the formula 40 15 amounts and producing a preliminary distribution total 40 16 for each county: 40 17 a. For calculation of an allowed growth factor 40 18 adjustment amount for each county in accordance with 40 19 the formula in section 331.438, subsection 2, 40 20 paragraph "b": 40 21 .................................................. $ 12,000,000 40 22 b. For calculation of a distribution amount for 40 23 eligible counties from the per capita expenditure 40 24 target pool created in the property tax relief fund in 40 25 accordance with the requirements in section 426B.5, 40 26 subsection 1: 40 27 .................................................. $ 12,492,712 40 28 c. For calculation of a distribution amount for 40 29 counties from the mental health and developmental 40 30 disabilities (MH/DD) community services fund in 40 31 accordance with the formula provided in 2002 Iowa 40 32 Acts, Senate File 2326, section 119, subsection 1: 40 33 .................................................. $ 18,127,352 40 34 3. Notwithstanding any contrary provisions of 40 35 sections 225C.7, 331.438, subsection 2, 331.439, 40 36 subsection 3, and 426B.5, the moneys allocated for 40 37 distribution in subsection 1, paragraph "b", and in 40 38 any other Act of the Eightieth General Assembly, 2003 40 39 Session, for distribution to counties in the fiscal 40 40 year beginning July 1, 2003, for purposes of the 40 41 mental health and developmental disabilities (MH/DD) 40 42 community services fund under section 225C.7, and for 40 43 the allowed growth factor adjustment for services paid 40 44 under a county's section 331.424A mental health, 40 45 mental retardation, and developmental disabilities 40 46 services fund and as calculated under subsection 2 to 40 47 produce preliminary distribution amounts for counties 40 48 shall be subject to withholding as provided in this 40 49 section. 40 50 4. After applying the applicable statutory 41 1 distribution formulas to the amounts indicated in 41 2 subsection 2 for purposes to produce preliminary 41 3 distribution totals, the department of human services 41 4 shall apply a withholding factor to adjust an eligible 41 5 individual county's preliminary distribution total. 41 6 An ending balance percentage for each county shall be 41 7 determined by expressing the county's ending balance 41 8 on a modified accrual basis under generally accepted 41 9 accounting principles for the fiscal year beginning 41 10 July 1, 2002, in the county's mental health, mental 41 11 retardation, and developmental disabilities services 41 12 fund created under section 331.424A, as a percentage 41 13 of the county's gross expenditures from that fund for 41 14 that fiscal year. The withholding factor for a county 41 15 shall be the following applicable percent: 41 16 a. For an ending balance percentage of less than 41 17 10 percent, a withholding factor of 0 percent. 41 18 b. For an ending balance percentage of 10 through 41 19 24 percent, a withholding factor of 25 percent. 41 20 c. For an ending balance percentage of 25 through 41 21 34 percent, a withholding factor of 60 percent. 41 22 d. For an ending balance percentage of 35 through 41 23 44 percent, a withholding factor of 85 percent. 41 24 e. For an ending balance percentage of 45 percent 41 25 or more, a withholding factor of 100 percent. 41 26 5. The total withholding amounts applied pursuant 41 27 to subsection 4 shall be equal to a withholding target 41 28 amount of $7,419,074 and the appropriation enacted by 41 29 the Eightieth General Assembly, 2003 Session, for the 41 30 MH/DD community services fund shall be reduced by the 41 31 amount necessary to attain the withholding target 41 32 amount. If the department of human services 41 33 determines that the amount to be withheld in 41 34 accordance with subsection 4 is not equal to the 41 35 target withholding amount, the department shall adjust 41 36 the withholding factors listed in subsection 4 as 41 37 necessary to achieve the withholding target amount. 41 38 However, in making such adjustments to the withholding 41 39 factors, the department shall strive to minimize 41 40 changes to the withholding factors for those ending 41 41 balance percentage ranges that are lower than others 41 42 and shall not adjust the zero withholding factor 41 43 specified in subsection 4, paragraph "a". 41 44 6. A county must comply with both the requirements 41 45 listed in this subsection to be eligible to receive a 41 46 funding distribution under this section. The amount 41 47 that would otherwise be available for distribution to 41 48 a county that fails to so comply shall be 41 49 proportionately distributed among the eligible 41 50 counties. Both of the following requirements are 42 1 applicable: 42 2 a. A county must comply with the December 1, 2003, 42 3 filing deadline for the county annual financial report 42 4 in accordance with section 331.403. 42 5 b. A county must levy the not less than 70 percent 42 6 of the maximum amount allowed for the county's mental 42 7 health, mental retardation, and developmental 42 8 disabilities services fund under section 331.424A for 42 9 taxes due and payable in the fiscal year beginning 42 10 July 1, 2003. 42 11 7. The department of human services shall 42 12 authorize the issuance of warrants payable to the 42 13 county treasurer for the distribution amounts due the 42 14 counties eligible under this section and 42 15 notwithstanding prior practice for the MH/DD community 42 16 services fund, the warrants shall be issued in January 42 17 2004. 42 18 DIVISION V 42 19 APPROPRIATION ADJUSTMENTS 42 20 Sec. 105. SECRETARY OF STATE. 2002 Iowa Acts, 42 21 Senate File 2326, section 23, subsection 2, if 42 22 enacted, is amended to read as follows: 42 23 2. BUSINESS SERVICES 42 24 For salaries, support, maintenance, miscellaneous 42 25 purposes, and for not more than the following full- 42 26 time equivalent positions 42 27 .................................................. $1,433,23542 28 1,533,235 42 29 ............................................... FTEs 32.00 42 30 Sec. 106. 2002 Iowa Acts, Senate File 2326, 42 31 section 79, subsections 17 and 18, if enacted, are 42 32 amended to read as follows: 42 33 17. STUDENT ACHIEVEMENT AND TEACHER QUALITY 42 34 PROGRAM 42 35 For purposes, as provided in law, of the student 42 36 achievement and teacher quality program established 42 37 pursuant to chapter 284: 42 38 .................................................. $7,750,00042 39 16,100,000 42 40 Notwithstanding section 8.33, any moneys remaining 42 41 unencumbered or unobligated from the moneys allocated 42 42 as provided in this subsection shall not revert but 42 43 shall remain available in the succeeding fiscal year 42 44 for expenditure for the purposes designated. The 42 45 provisions of section 8.39 shall not apply to the 42 46 funds appropriated pursuant to this subsection. 42 47 18. COMMUNITY COLLEGES 42 48 For general state financial aid, including general 42 49 financial aid to merged areas in lieu of personal 42 50 property tax replacement payments, to merged areas as 43 1 defined in section 260C.2, for vocational education 43 2 programs in accordance with chapters 258 and 260C: 43 3 .................................................. $137,585,68043 4 138,585,680 43 5 The funds appropriated in this subsection shall be 43 6 allocated as follows: 43 7 a. Merged Area I ............................. $6,602,82043 8 6,650,811 43 9 b. Merged Area II ............................ $7,755,90043 10 7,812,271 43 11 c. Merged Area III ........................... $7,205,05543 12 7,257,423 43 13 d. Merged Area IV ............................ $3,521,67843 14 3,547,274 43 15 e. Merged Area V ............................. $7,367,78543 16 7,421,336 43 17 f. Merged Area VI ............................ $6,826,11343 18 6,875,727 43 19 g. Merged Area VII ........................... $9,849,17443 20 9,920,760 43 21 h. Merged Area IX ............................ $12,113,77043 22 12,201,815 43 23 i. Merged Area X ............................. $19,011,04243 24 19,149,218 43 25 j. Merged Area XI ............................ $20,177,55143 26 20,324,204 43 27 k. Merged Area XII ........................... $7,949,36743 28 8,007,145 43 29 l. Merged Area XIII .......................... $8,174,34843 30 8,233,761 43 31 m. Merged Area XIV ........................... $3,563,67043 32 3,589,571 43 33 n. Merged Area XV ............................ $11,213,61643 34 11,295,119 43 35 o. Merged Area XVI ........................... $6,253,79143 36 6,299,245 43 37 Sec. 107. REGENTS INSTITUTIONS. The amounts 43 38 appropriated from the general fund of the state to the 43 39 state board of regents for the state university of 43 40 Iowa, the Iowa state university of science and 43 41 technology, and the university of northern Iowa, in 43 42 2002 Iowa Acts, Senate File 2326, section 81, 43 43 subsections 2, 3, and 4, if enacted, for the fiscal 43 44 year beginning July 1, 2002, and ending June 30, 2003, 43 45 are reduced by the following amount: 43 46 .................................................. $ 5,000,000 43 47 The state board of regents shall apply the 43 48 reduction made in this section to the appropriations 43 49 made to the indicated institutions in a manner so that 43 50 an institution's appropriation is reduced in 44 1 proportion to the amount the institution's 44 2 appropriation in 2002 Iowa Acts, Senate File 2326, 44 3 section 81, bears to the total amount appropriated in 44 4 that section to the three institutions. 44 5 Sec. 108. MEDICAL ASSISTANCE. 2002 Iowa Acts, 44 6 Senate File 2326, section 104, unnumbered paragraph 2, 44 7 if enacted, is amended to read as follows: 44 8 For medical assistance reimbursement and associated 44 9 costs as specifically provided in the reimbursement 44 10 methodologies in effect on June 30, 2002, except as 44 11 otherwise expressly authorized by law, including 44 12 reimbursement for abortion services, which shall be 44 13 available under the medical assistance program only 44 14 for those abortions which are medically necessary: 44 15 .................................................. $416,607,07344 16 412,907,073 44 17 Sec. 109. CHILDREN'S HEALTH INSURANCE PROGRAM. 44 18 2002 Iowa Acts, Senate File 2326, section 106, 44 19 unnumbered paragraph 2, if enacted, is amended to read 44 20 as follows: 44 21 For maintenance of the healthy and well kids in 44 22 Iowa (hawk-i) program pursuant to chapter 514I for 44 23 receipt of federal financial participation under Title 44 24 XXI of the federal Social Security Act, which creates 44 25 the state children's health insurance program: 44 26 .................................................. $9,958,41244 27 11,458,412 44 28 Sec. 110. 2002 Iowa Acts, Senate File 2326, 44 29 section 172, if enacted, is amended to read as 44 30 follows: 44 31 SEC. 172. EDUCATIONAL EXCELLENCE. Notwithstanding 44 32 section 294A.25, subsection 1, the amount appropriated 44 33 from the general fund of the state under section 44 34 294A.25, subsection 1, to the department of education 44 35 for phase III moneys for the fiscal year beginning 44 36 July 1, 2002, and ending June 30, 2003, is reduced by 44 37 the following amount: 44 38 .................................................. $11,750,00044 39 14,000,000 44 40 Sec. 111. UNDERGROUND STORAGE TANK FUND. 44 41 Notwithstanding section 455G.3, subsection 1, there is 44 42 transferred from the Iowa comprehensive petroleum 44 43 underground storage tank fund created in section 44 44 455G.3, subsection 1, to the department of education 44 45 during the fiscal year beginning July 1, 2002, and 44 46 ending June 30, 2003, the following amount, to be used 44 47 for the purposes designated: 44 48 For purposes, as provided in law, of the student 44 49 achievement and teacher quality program established 44 50 pursuant to chapter 284: 45 1 .................................................. $ 8,900,000 45 2 Moneys transferred in this section are appropriated 45 3 to the department to be used for the purposes 45 4 designated. Notwithstanding section 8.33, moneys 45 5 appropriated in this section that remain unencumbered 45 6 or unobligated at the close of the fiscal year shall 45 7 not revert but shall remain available for expenditure 45 8 for the purposes designated until the close of the 45 9 succeeding fiscal year. The provisions of section 45 10 8.39 do not apply to the moneys appropriated in this 45 11 section. 45 12 Sec. 112. PREMIUM TAX REVENUES. Notwithstanding 45 13 any provision of law to the contrary, if 2002 Iowa 45 14 Acts, Senate File 2318, is enacted, before any premium 45 15 tax revenues are credited to the general fund of the 45 16 state for the fiscal year beginning July 1, 2002, and 45 17 ending June 30, 2003, the following amount of the 45 18 revenues first received is appropriated to the 45 19 department of education for the fiscal year beginning 45 20 July 1, 2002, and ending June 30, 2003, to be used for 45 21 the purposes designated: 45 22 For purposes, as provided in law, of the student 45 23 achievement and teacher quality program established 45 24 pursuant to chapter 284: 45 25 .................................................. $ 10,000,000 45 26 Notwithstanding section 8.33, moneys appropriated 45 27 in this section that remain unencumbered or 45 28 unobligated at the close of the fiscal year shall not 45 29 revert but shall remain available for expenditure for 45 30 the purposes designated until the close of the 45 31 succeeding fiscal year. The provisions of section 45 32 8.39 do not apply to the moneys appropriated in this 45 33 section. 45 34 Sec. 113. REBUILD IOWA INFRASTRUCTURE FUND – 45 35 GAMBLING REVENUES. Notwithstanding section 8.57, 45 36 subsection 5, there is transferred from pari-mutuel 45 37 wagering and gambling revenues credited to the rebuild 45 38 Iowa infrastructure fund created in section 8.57, 45 39 subsection 5, for public vertical infrastructure 45 40 projects, to the department of education for the 45 41 fiscal year beginning July 1, 2002, and ending June 45 42 30, 2003, the following amount, to be used for the 45 43 purposes designated: 45 44 For purposes, as provided in law, of the student 45 45 achievement and teacher quality program established 45 46 pursuant to chapter 284: 45 47 .................................................. $ 5,000,000 45 48 Moneys transferred in this section are appropriated 45 49 to the department to be used for the purposes 45 50 designated. Notwithstanding section 8.33, moneys 46 1 appropriated in this section that remain unencumbered 46 2 or unobligated at the close of the fiscal year shall 46 3 not revert but shall remain available for expenditure 46 4 for the purposes designated until the close of the 46 5 succeeding fiscal year. The provisions of section 46 6 8.39 do not apply to the moneys appropriated in this 46 7 section." 46 8 46 9 46 10 46 11 JEFF LAMBERTI 46 12 SF 2331.701 79 46 13 mg/cls/14
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