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PAG LIN 1 1 SENATE FILE 535 1 2 1 3 AN ACT 1 4 RELATING TO THE FUNDING OF, OPERATION OF, AND APPROPRIATION OF 1 5 MONEYS TO THE COLLEGE STUDENT AID COMMISSION, THE DEPARTMENT 1 6 OF CULTURAL AFFAIRS, THE DEPARTMENT OF EDUCATION, AND THE 1 7 STATE BOARD OF REGENTS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 COLLEGE STUDENT AID COMMISSION 1 12 Section 1. There is appropriated from the general fund of 1 13 the state to the college student aid commission for the fiscal 1 14 year beginning July 1, 2001, and ending June 30, 2002, the 1 15 following amounts, or so much thereof as may be necessary, to 1 16 be used for the purposes designated: 1 17 1. GENERAL ADMINISTRATION 1 18 For salaries, support, maintenance, miscellaneous purposes, 1 19 and for not more than the following full-time equivalent 1 20 positions: 1 21 .................................................. $ 317,282 1 22 ............................................... FTEs 5.40 1 23 2. STUDENT AID PROGRAMS 1 24 For payments to students for the Iowa grant program: 1 25 .................................................. $ 1,076,159 1 26 3. DES MOINES UNIVERSITY OSTEOPATHIC MEDICAL CENTER 1 27 a. For forgivable loans to Iowa students attending the Des 1 28 Moines university osteopathic medical center under the 1 29 forgivable loan program pursuant to section 261.19: 1 30 .................................................. $ 100,000 1 31 b. For the Des Moines university osteopathic medical 1 32 center for an initiative in primary health care to direct 1 33 primary care physicians to shortage areas in the state: 1 34 .................................................. $ 371,300 1 35 4. ACCELERATED CAREER EDUCATION GRANT PROGRAM 2 1 For the accelerated career education grant program 2 2 established in section 261.22: 2 3 .................................................. $ 235,000 2 4 5. CHIROPRACTIC GRADUATE STUDENT FORGIVABLE LOAN PROGRAM 2 5 For purposes of providing forgivable loans under the 2 6 program established in section 261.71: 2 7 .................................................. $ 94,000 2 8 6. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 2 9 For purposes of providing national guard educational 2 10 assistance under the program established in section 261.86: 2 11 .................................................. $ 1,175,000 2 12 7. TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM 2 13 For the teacher shortage forgivable loan program 2 14 established in section 261.111: 2 15 .................................................. $ 493,500 2 16 Sec. 2. TRANSFER OF SCHOLARSHIP AND TUITION GRANT RESERVE 2 17 FUND MONEYS BY TREASURER. Notwithstanding section 261.20, 2 18 effective July 1, 2001, the treasurer of state shall transfer 2 19 $154,260 of the moneys credited to the scholarship and tuition 2 20 grant reserve fund created in section 261.20 to the college 2 21 student aid commission for forgivable loans pursuant to 2 22 section 261.19, subsection 2. 2 23 Sec. 3. FUNDING REDUCTION DISTRIBUTION REQUIREMENT. For 2 24 the fiscal year beginning July 1, 2001, and ending June 30, 2 25 2002, the college student aid commission shall reduce the 2 26 amounts of grants, scholarships, loan repayments, and 2 27 forgivable loan amounts provided in accordance with section 2 28 261.2, subsection 1, and sections 261.17, 261.19, 261.71, 2 29 261.93, and 261.111, rather than reduce the total number of 2 30 grants, scholarships, loan repayments, and forgivable loans 2 31 provided in accordance with those provisions. 2 32 Sec. 4. WORK-STUDY APPROPRIATION NULLIFICATION FOR FY 2 33 2001-2002. Notwithstanding section 261.85, for the fiscal 2 34 year beginning July 1, 2001, and ending June 30, 2002, the 2 35 amount appropriated for the work-study program under section 3 1 261.85 shall be zero. 3 2 DEPARTMENT OF CULTURAL AFFAIRS 3 3 Sec. 5. There is appropriated from the general fund of the 3 4 state to the department of cultural affairs for the fiscal 3 5 year beginning July 1, 2001, and ending June 30, 2002, the 3 6 following amounts, or so much thereof as is necessary, to be 3 7 used for the purposes designated: 3 8 1. ADMINISTRATION 3 9 For salaries, support, maintenance, miscellaneous purposes, 3 10 and for not more than the following full-time equivalent 3 11 positions: 3 12 .................................................. $ 238,937 3 13 ............................................... FTEs 4.30 3 14 The department of cultural affairs shall coordinate 3 15 activities with the tourism division of the department of 3 16 economic development to promote attendance at the state 3 17 historical building and at this state's historic sites. 3 18 2. COMMUNITY CULTURAL GRANTS 3 19 For planning and programming for the community cultural 3 20 grants program established under section 303.3, and for not 3 21 more than the following full-time equivalent positions: 3 22 .................................................. $ 649,680 3 23 ............................................... FTEs 0.70 3 24 3. HISTORICAL DIVISION 3 25 For salaries, support, maintenance, miscellaneous purposes, 3 26 and for not more than the following full-time equivalent 3 27 positions: 3 28 .................................................. $ 3,159,704 3 29 ............................................... FTEs 66.70 3 30 4. HISTORIC SITES 3 31 For salaries, support, maintenance, miscellaneous purposes, 3 32 and for not more than the following full-time equivalent 3 33 positions: 3 34 .................................................. $ 560,293 3 35 ............................................... FTEs 8.00 4 1 5. ARTS DIVISION 4 2 For salaries, support, maintenance, miscellaneous purposes, 4 3 including funds to match federal grants and for not more than 4 4 the following full-time equivalent positions: 4 5 .................................................. $ 1,345,522 4 6 ............................................... FTEs 11.00 4 7 DEPARTMENT OF EDUCATION 4 8 Sec. 6. There is appropriated from the general fund of the 4 9 state to the department of education for the fiscal year 4 10 beginning July 1, 2001, and ending June 30, 2002, the 4 11 following amounts, or so much thereof as may be necessary, to 4 12 be used for the purposes designated: 4 13 1. GENERAL ADMINISTRATION 4 14 For salaries, support, maintenance, miscellaneous purposes, 4 15 and for not more than the following full-time equivalent 4 16 positions: 4 17 .................................................. $ 5,693,185 4 18 .............................................. FTEs 104.45 4 19 The director of the department of education shall ensure 4 20 that all school districts are aware of the state education 4 21 resources available on the state website for listing teacher 4 22 job openings and shall make every reasonable effort to enable 4 23 qualified practitioners to post their resumes on the state 4 24 website. The department shall administer the posting of job 4 25 vacancies for school districts, accredited nonpublic schools, 4 26 and area education agencies on the state website. The 4 27 department may coordinate this activity with the Iowa school 4 28 board association or other interested education associations 4 29 in the state. 4 30 2. VOCATIONAL EDUCATION ADMINISTRATION 4 31 For salaries, support, maintenance, miscellaneous purposes, 4 32 and for not more than the following full-time equivalent 4 33 positions: 4 34 .................................................. $ 577,628 4 35 ............................................... FTEs 15.60 5 1 3. BOARD OF EDUCATIONAL EXAMINERS 5 2 For salaries, support, maintenance, miscellaneous purposes, 5 3 and for not more than the following full-time equivalent 5 4 positions: 5 5 .................................................. $ 50,907 5 6 ............................................... FTEs 9.00 5 7 4. VOCATIONAL REHABILITATION SERVICES DIVISION 5 8 a. For salaries, support, maintenance, miscellaneous 5 9 purposes, and for not more than the following full-time 5 10 equivalent positions: 5 11 .................................................. $ 4,698,441 5 12 ............................................... FTEs 294.00 5 13 The division of vocational rehabilitation services shall 5 14 seek funding from other sources, such as local funds, for 5 15 purposes of matching the state's federal vocational 5 16 rehabilitation allocation, as well as for matching other 5 17 federal vocational rehabilitation funding that may become 5 18 available. 5 19 Except where prohibited under federal law, the division of 5 20 vocational rehabilitation services of the department of 5 21 education shall accept client assessments, or assessments of 5 22 potential clients, performed by other agencies in order to 5 23 reduce duplication of effort. 5 24 Notwithstanding the full-time equivalent position limit 5 25 established in this lettered paragraph, for the fiscal year 5 26 ending June 30, 2002, if federal funding is received to pay 5 27 the costs of additional employees for the vocational 5 28 rehabilitation services division who would have duties 5 29 relating to vocational rehabilitation services paid for 5 30 through federal funding, authorization to hire not more than 5 31 4.00 additional full-time equivalent employees shall be 5 32 provided, the full-time equivalent position limit shall be 5 33 exceeded, and the additional employees shall be hired by the 5 34 division. 5 35 b. For matching funds for programs to enable persons with 6 1 severe physical or mental disabilities to function more 6 2 independently, including salaries and support, and for not 6 3 more than the following full-time equivalent positions: 6 4 .................................................. $ 62,500 6 5 ............................................... FTEs 1.00 6 6 The highest priority use for the moneys appropriated under 6 7 this lettered paragraph shall be for programs that emphasize 6 8 employment and assist persons with severe physical or mental 6 9 disabilities to find and maintain employment to enable them to 6 10 function more independently. 6 11 5. STATE LIBRARY 6 12 a. For salaries, support, maintenance, miscellaneous 6 13 purposes, and for not more than the following full-time 6 14 equivalent positions: 6 15 .................................................. $ 1,710,439 6 16 ............................................... FTEs 20.00 6 17 b. For the enrich Iowa program: 6 18 .................................................. $ 1,880,000 6 19 (1) Funds allocated for purposes of the enrich Iowa 6 20 program as provided in this lettered paragraph shall be 6 21 distributed by the division of libraries and information 6 22 services to provide support for Iowa's libraries. The 6 23 commission of libraries shall develop rules governing the 6 24 allocation of funds provided by the general assembly for the 6 25 enrich Iowa program to provide direct state assistance to 6 26 public libraries and to fund the open access and access plus 6 27 programs. Direct state assistance to eligible public 6 28 libraries is provided as an incentive to improve library 6 29 services and to reduce inequities among communities in the 6 30 delivery of library services based on recognized and adopted 6 31 performance measures. Funds distributed as direct state 6 32 assistance shall be distributed to eligible public libraries 6 33 that are in compliance with performance measures adopted by 6 34 rule by the commission of libraries. The funds allocated as 6 35 provided in this lettered paragraph shall not be used for the 7 1 costs of administration by the division. The amount of direct 7 2 state assistance distributed under the enrich Iowa program for 7 3 the fiscal year beginning July 1, 2001, shall not be lower 7 4 than the amount distributed under the enrich Iowa program for 7 5 the fiscal year commencing July 1, 2000. The amount of direct 7 6 state assistance distributed to each eligible public library 7 7 shall be based upon the following: 7 8 (a) The level of compliance by the eligible public library 7 9 with the performance measures adopted by the commission as 7 10 provided in this subparagraph. 7 11 (b) The number of people residing within an eligible 7 12 library's geographic service area for whom the library 7 13 provides services. 7 14 (c) The amount of other funding the eligible public 7 15 library received in the previous fiscal year for providing 7 16 services to rural residents and to contracting communities. 7 17 (2) Moneys received by a public library under this 7 18 lettered paragraph shall supplement, not supplant, any other 7 19 funding received by the library. 7 20 (3) For purposes of this section, "eligible public 7 21 library" means a public library that meets all of the 7 22 following requirements: 7 23 (a) Submits to the division all of the following: 7 24 (i) The report provided for under section 256.51, 7 25 subsection 1, paragraph "h". 7 26 (ii) An application and accreditation report, in a format 7 27 approved by the commission, that provides evidence of the 7 28 library's compliance with at least one level of the standards 7 29 established in accordance with section 256.51, subsection 1, 7 30 paragraph "k". 7 31 (iii) Any other application or report the division deems 7 32 necessary for the implementation of the enrich Iowa program. 7 33 (b) Participates in the library resource and information 7 34 sharing programs established by the state library. 7 35 (c) Is a public library established by city ordinance or a 8 1 county library as provided in chapter 336. 8 2 (4) Each eligible public library shall maintain a separate 8 3 listing within its budget for payments received and 8 4 expenditures made pursuant to this lettered paragraph, and 8 5 shall annually submit this listing to the division. 8 6 (5) By January 15, 2002, the division shall submit a 8 7 program evaluation report to the general assembly and the 8 8 governor detailing the uses and the impacts of funds allocated 8 9 under this lettered paragraph. 8 10 (6) A public library that receives funds in accordance 8 11 with this lettered paragraph shall have an internet use policy 8 12 in place, which may or may not include internet filtering. 8 13 The library shall submit a report describing the library's 8 14 internet use efforts to the division. 8 15 (7) A public library that receives funds in accordance 8 16 with this lettered paragraph shall provide open access, the 8 17 reciprocal borrowing program, as a service to its patrons, at 8 18 a reimbursement rate determined by the state library. 8 19 6. REGIONAL LIBRARY 8 20 For state aid: 8 21 .................................................. $ 1,585,780 8 22 7. PUBLIC BROADCASTING DIVISION 8 23 For salaries, support, maintenance, capital expenditures, 8 24 miscellaneous purposes, and for not more than the following 8 25 full-time equivalent positions: 8 26 .................................................. $ 7,529,579 8 27 ............................................... FTEs 106.40 8 28 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 8 29 For reimbursement for vocational education expenditures 8 30 made by secondary schools: 8 31 .................................................. $ 3,308,850 8 32 Funds appropriated in this subsection shall be used for 8 33 expenditures made by school districts to meet the standards 8 34 set in sections 256.11, 258.4, and 260C.14 as a result of the 8 35 enactment of 1989 Iowa Acts, chapter 278. Funds shall be used 9 1 as reimbursement for vocational education expenditures made by 9 2 secondary schools in the manner provided by the department of 9 3 education for implementation of the standards set in 1989 Iowa 9 4 Acts, chapter 278. 9 5 9. SCHOOL FOOD SERVICE 9 6 For use as state matching funds for federal programs that 9 7 shall be disbursed according to federal regulations, including 9 8 salaries, support, maintenance, and miscellaneous purposes: 9 9 .................................................. $ 2,716,859 9 10 10. IOWA EMPOWERMENT FUND 9 11 For deposit in the school ready children grants account of 9 12 the Iowa empowerment fund created in section 28.9: 9 13 .................................................. $ 14,664,000 9 14 a. From the moneys deposited in the school ready children 9 15 grants account for the fiscal year beginning July 1, 2001, and 9 16 ending June 30, 2002, not more than $200,000 is allocated for 9 17 the community empowerment office and other technical 9 18 assistance activities. It is the intent of the general 9 19 assembly that regional technical assistance teams will be 9 20 established and will include staff from various agencies, as 9 21 appropriate, including the area education agencies, community 9 22 colleges, and the Iowa state university of science and 9 23 technology cooperative extension service in agriculture and 9 24 home economics. The Iowa empowerment board shall direct staff 9 25 to work with the advisory council to inventory technical 9 26 assistance needs. Funds allocated under this lettered 9 27 paragraph may be used by the Iowa empowerment board for the 9 28 purpose of skills development and support for ongoing training 9 29 of the regional technical assistance teams. However, funds 9 30 shall not be used for additional staff or for the 9 31 reimbursement of staff. 9 32 b. Notwithstanding any other provision of law to the 9 33 contrary, for the fiscal year beginning July 1, 2001, the 9 34 total amount available for distribution for that fiscal year 9 35 from the school ready children grants account from the 10 1 appropriation made in this subsection, in 2001 Iowa Acts, 10 2 Senate File 537, if enacted, and in any other appropriation 10 3 made to the account for the fiscal year beginning July 1, 10 4 2001, shall be distributed as follows: 10 5 (1) The designated community empowerment areas that first 10 6 received a school ready children grant in a fiscal year prior 10 7 to fiscal year 2000-2001 shall receive 94 percent of the 10 8 amount distributed to each area in fiscal year 2000-2001. 10 9 (2) The designated community empowerment areas that first 10 10 received a school ready children grant in fiscal year 2000- 10 11 2001 shall receive 74.185 percent of the amount distributed to 10 12 each area in fiscal year 2000-2001, as adjusted for 10 13 annualization. 10 14 c. As a condition of receiving funding appropriated in 10 15 this subsection, each community empowerment area board shall 10 16 report to the Iowa empowerment board progress on each of the 10 17 state indicators approved by the state board, as well as 10 18 progress on local indicators. The community empowerment area 10 19 board must also submit a written plan amendment extending by 10 20 one year the area's comprehensive school ready children grant 10 21 plan developed for providing services for children from birth 10 22 through five years of age and provide other information 10 23 specified by the Iowa empowerment board. The amendment may 10 24 also provide for changes in the programs and services provided 10 25 under the plan. The Iowa empowerment board shall establish a 10 26 submission deadline for the plan amendment that allows a 10 27 reasonable period of time for preparation of the plan 10 28 amendment and for review and approval or request for 10 29 modification of the plan amendment by the Iowa empowerment 10 30 board. In addition, the community empowerment board must 10 31 continue to comply with reporting provisions and other 10 32 requirements adopted by the Iowa empowerment board in 10 33 implementing section 28.8. 10 34 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 10 35 To provide funds for costs of providing textbooks to each 11 1 resident pupil who attends a nonpublic school as authorized by 11 2 section 301.1. The funding is limited to $20 per pupil and 11 3 shall not exceed the comparable services offered to resident 11 4 public school pupils: 11 5 .................................................. $ 611,000 11 6 12. VOCATIONAL AGRICULTURE YOUTH ORGANIZATION 11 7 To assist a vocational agriculture youth organization 11 8 sponsored by the schools to support the foundation established 11 9 by that vocational agriculture youth organization and for 11 10 other youth activities: 11 11 .................................................. $ 88,736 11 12 13. CONNECTING EDUCATION AND WORKFORCE DEVELOPMENT 11 13 For purposes of providing support to statewide school-to- 11 14 work implementation through professional development 11 15 opportunities, employability skill revalidation, partnership 11 16 capacity building, connecting to the department of workforce 11 17 development's making connections system implementation, and 11 18 the integration of academic and vocational education, and for 11 19 not more than the following full-time equivalent positions: 11 20 .................................................. $ 197,400 11 21 ............................................... FTEs 2.50 11 22 14. COMMUNITY COLLEGES 11 23 For general state financial aid, including general 11 24 financial aid to merged areas in lieu of personal property tax 11 25 replacement payments, to merged areas as defined in section 11 26 260C.2, for vocational education programs in accordance with 11 27 chapters 258 and 260C: 11 28 .................................................. $142,722,759 11 29 The funds appropriated in this subsection shall be 11 30 allocated as follows: 11 31 a. Merged Area I ............................. $ 6,849,351 11 32 b. Merged Area II ............................ $ 8,045,485 11 33 c. Merged Area III ........................... $ 7,474,072 11 34 d. Merged Area IV ............................ $ 3,653,168 11 35 e. Merged Area V ............................. $ 7,642,878 12 1 f. Merged Area VI ............................ $ 7,080,981 12 2 g. Merged Area VII ........................... $ 10,216,915 12 3 h. Merged Area IX ............................ $ 12,566,066 12 4 i. Merged Area X ............................. $ 19,720,863 12 5 j. Merged Area XI ............................ $ 20,930,929 12 6 k. Merged Area XII ........................... $ 8,246,174 12 7 l. Merged Area XIII .......................... $ 8,479,556 12 8 m. Merged Area XIV ........................... $ 3,696,728 12 9 n. Merged Area XV ............................ $ 11,632,302 12 10 o. Merged Area XVI ........................... $ 6,487,291 12 11 Sec. 7. BOARD OF EDUCATIONAL EXAMINERS LICENSING FEES. 12 12 Notwithstanding section 272.10, up to 85 percent of any funds 12 13 received annually resulting from an increase in fees approved 12 14 and implemented for licensing by the state board of 12 15 educational examiners after July 1, 1997, shall be available 12 16 for the fiscal year beginning July 1, 2001, to the state board 12 17 for purposes related to the state board's duties, including, 12 18 but not limited to, additional full-time equivalent positions. 12 19 The director of revenue and finance shall draw warrants upon 12 20 the treasurer of state from the funds appropriated as provided 12 21 in this section and shall make the funds resulting from the 12 22 increase in fees available during the fiscal year to the state 12 23 board on a monthly basis. 12 24 STATE BOARD OF REGENTS 12 25 Sec. 8. There is appropriated from the general fund of the 12 26 state to the state board of regents for the fiscal year 12 27 beginning July 1, 2001, and ending June 30, 2002, the 12 28 following amounts, or so much thereof as may be necessary, to 12 29 be used for the purposes designated: 12 30 1. OFFICE OF STATE BOARD OF REGENTS 12 31 a. For salaries, support, maintenance, miscellaneous 12 32 purposes, and for not more than the following full-time 12 33 equivalent positions: 12 34 .................................................. $ 1,242,055 12 35 ............................................... FTEs 16.00 13 1 The state board of regents, the department of management, 13 2 and the legislative fiscal bureau shall cooperate to determine 13 3 and agree upon, by November 15, 2001, the amount that needs to 13 4 be appropriated for tuition replacement for the fiscal year 13 5 beginning July 1, 2002. 13 6 The state board of regents shall submit a monthly financial 13 7 report in a format agreed upon by the state board of regents 13 8 office and the legislative fiscal bureau. 13 9 b. For allocation by the state board of regents to the 13 10 state university of Iowa, the Iowa state university of science 13 11 and technology, and the university of northern Iowa to 13 12 reimburse the institutions for deficiencies in their operating 13 13 funds resulting from the pledging of tuitions, student fees 13 14 and charges, and institutional income to finance the cost of 13 15 providing academic and administrative buildings and facilities 13 16 and utility services at the institutions: 13 17 .................................................. $ 26,681,714 13 18 c. For funds to be allocated to the southwest Iowa 13 19 graduate studies center: 13 20 .................................................. $ 110,493 13 21 d. For funds to be allocated to the siouxland interstate 13 22 metropolitan planning council for the tristate graduate center 13 23 under section 262.9, subsection 21: 13 24 .................................................. $ 80,780 13 25 e. For funds to be allocated to the quad-cities graduate 13 26 studies center: 13 27 .................................................. $ 165,145 13 28 2. STATE UNIVERSITY OF IOWA 13 29 a. General university, including lakeside laboratory 13 30 For salaries, support, maintenance, equipment, 13 31 miscellaneous purposes, and for not more than the following 13 32 full-time equivalent positions: 13 33 .................................................. $241,123,493 13 34 ............................................... FTEs 4,055.62 13 35 It is the intent of the general assembly that the 14 1 university continue progress on the school of public health 14 2 and the public health initiative for the purposes of 14 3 establishing an accredited school of public health and for 14 4 funding an initiative for the health and independence of 14 5 elderly Iowans. From the funds appropriated in this lettered 14 6 paragraph, the university may use up to $2,100,000 for the 14 7 school of public health and the public health initiative. 14 8 Funds appropriated in this lettered paragraph shall not be 14 9 available for expenditure for medically induced termination of 14 10 a pregnancy, including but not limited to usage of 14 11 mifepristone or RU-486, offered or administered by the student 14 12 health center. 14 13 b. University hospitals 14 14 For salaries, support, maintenance, equipment, and 14 15 miscellaneous purposes and for medical and surgical treatment 14 16 of indigent patients as provided in chapter 255, for medical 14 17 education, and for not more than the following full-time 14 18 equivalent positions: 14 19 .................................................. $ 31,057,743 14 20 ............................................... FTEs 5,485.57 14 21 The university of Iowa hospitals and clinics shall, within 14 22 the context of chapter 255 and when medically appropriate, 14 23 make reasonable efforts to extend the university of Iowa 14 24 hospitals and clinics' use of home telemedicine and other 14 25 technologies to reduce the frequency of visits to the hospital 14 26 required by indigent patients. The university of Iowa 14 27 hospitals and clinics shall submit a report to the general 14 28 assembly and the legislative fiscal bureau by January 15, 14 29 2002, describing its use of these technologies to accomplish 14 30 this purpose. 14 31 The university of Iowa hospitals and clinics shall submit 14 32 quarterly a report regarding the portion of the appropriation 14 33 in this lettered paragraph expended on medical education. The 14 34 report shall be submitted in a format jointly developed by the 14 35 university of Iowa hospitals and clinics, the legislative 15 1 fiscal bureau, and the department of management, and shall 15 2 delineate the expenditures and purposes of the funds. 15 3 Funds appropriated in this lettered paragraph shall not be 15 4 used to perform abortions except medically necessary 15 5 abortions, and shall not be used to operate the early 15 6 termination of pregnancy clinic except for the performance of 15 7 medically necessary abortions. For the purpose of this 15 8 lettered paragraph, an abortion is the purposeful interruption 15 9 of pregnancy with the intention other than to produce a live- 15 10 born infant or to remove a dead fetus, and a medically 15 11 necessary abortion is one performed under one of the following 15 12 conditions: 15 13 (1) The attending physician certifies that continuing the 15 14 pregnancy would endanger the life of the pregnant woman. 15 15 (2) The attending physician certifies that the fetus is 15 16 physically deformed, mentally deficient, or afflicted with a 15 17 congenital illness. 15 18 (3) The pregnancy is the result of a rape which is 15 19 reported within 45 days of the incident to a law enforcement 15 20 agency or public or private health agency which may include a 15 21 family physician. 15 22 (4) The pregnancy is the result of incest which is 15 23 reported within 150 days of the incident to a law enforcement 15 24 agency or public or private health agency which may include a 15 25 family physician. 15 26 (5) The abortion is a spontaneous abortion, commonly known 15 27 as a miscarriage, wherein not all of the products of 15 28 conception are expelled. 15 29 The total quota allocated to the counties for indigent 15 30 patients for the fiscal year beginning July 1, 2001, shall not 15 31 be lower than the total quota allocated to the counties for 15 32 the fiscal year commencing July 1, 1998. The total quota 15 33 shall be allocated among the counties on the basis of the 2000 15 34 census pursuant to section 255.16. 15 35 c. Psychiatric hospital 16 1 For salaries, support, maintenance, equipment, 16 2 miscellaneous purposes, for the care, treatment, and 16 3 maintenance of committed and voluntary public patients, and 16 4 for not more than the following full-time equivalent 16 5 positions: 16 6 .................................................. $ 7,906,831 16 7 ............................................... FTEs 273.19 16 8 d. Center for disabilities and development 16 9 For salaries, support, maintenance, miscellaneous purposes, 16 10 and for not more than the following full-time equivalent 16 11 positions: 16 12 .................................................. $ 7,038,688 16 13 ............................................... FTEs 148.91 16 14 From the funds appropriated in this lettered paragraph, 16 15 $200,000 shall be allocated for purposes of the creative 16 16 employment options program. 16 17 e. Oakdale campus 16 18 For salaries, support, maintenance, miscellaneous purposes, 16 19 and for not more than the following full-time equivalent 16 20 positions: 16 21 .................................................. $ 3,015,377 16 22 ............................................... FTEs 43.25 16 23 f. State hygienic laboratory 16 24 For salaries, support, maintenance, miscellaneous purposes, 16 25 and for not more than the following full-time equivalent 16 26 positions: 16 27 .................................................. $ 3,950,935 16 28 ............................................... FTEs 102.49 16 29 g. Family practice program 16 30 For allocation by the dean of the college of medicine, with 16 31 approval of the advisory board, to qualified participants, to 16 32 carry out chapter 148D for the family practice program, 16 33 including salaries and support, and for not more than the 16 34 following full-time equivalent positions: 16 35 .................................................. $ 2,312,781 17 1 ............................................... FTEs 192.40 17 2 h. Child health care services 17 3 For specialized child health care services, including 17 4 childhood cancer diagnostic and treatment network programs, 17 5 rural comprehensive care for hemophilia patients, and the Iowa 17 6 high-risk infant follow-up program, including salaries and 17 7 support, and for not more than the following full-time 17 8 equivalent positions: 17 9 .................................................. $ 648,497 17 10 ............................................... FTEs 63.27 17 11 i. Statewide cancer registry 17 12 For the statewide cancer registry, and for not more than 17 13 the following full-time equivalent positions: 17 14 .................................................. $ 203,991 17 15 ............................................... FTEs 2.40 17 16 j. Substance abuse consortium 17 17 For funds to be allocated to the Iowa consortium for 17 18 substance abuse research and evaluation, and for not more than 17 19 the following full-time equivalent positions: 17 20 .................................................. $ 72,649 17 21 ............................................... FTEs 1.50 17 22 k. Center for biocatalysis 17 23 For the center for biocatalysis, and for not more than the 17 24 following full-time equivalent positions: 17 25 .................................................. $ 1,019,779 17 26 ............................................... FTEs 5.20 17 27 l. Primary health care initiative 17 28 For the primary health care initiative in the college of 17 29 medicine and for not more than the following full-time 17 30 equivalent positions: 17 31 .................................................. $ 861,956 17 32 ............................................... FTEs 7.75 17 33 From the funds appropriated in this lettered paragraph, 17 34 $330,000 shall be allocated to the department of family 17 35 practice at the state university of Iowa college of medicine 18 1 for family practice faculty and support staff. 18 2 m. Birth defects registry 18 3 For the birth defects registry and for not more than the 18 4 following full-time equivalent positions: 18 5 .................................................. $ 50,070 18 6 ............................................... FTEs 1.30 18 7 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 18 8 a. General university 18 9 For salaries, support, maintenance, equipment, 18 10 miscellaneous purposes, and for not more than the following 18 11 full-time equivalent positions: 18 12 .................................................. $190,789,770 18 13 ............................................... FTEs 3,647.42 18 14 It is the intent of the general assembly that the 18 15 university continue progress on the center for excellence in 18 16 fundamental plant sciences. From the funds appropriated in 18 17 this lettered paragraph, the university may use up to 18 18 $4,670,000 for the center for excellence in fundamental plant 18 19 sciences. 18 20 The general assembly declares that it is possible that a 18 21 few large companies may be able to control all levels of the 18 22 food chain, including production, because these companies own 18 23 the genetics needed to participate in the food system of the 18 24 future, and finds this possibility to be a major threat to the 18 25 independence and profitability of Iowa's agricultural 18 26 producers. To ensure public ownership of plant genetic 18 27 material, all rights to the research products developed by the 18 28 Iowa state university of science and technology's botany 18 29 institute using state-appropriated funds will be made 18 30 available to the extent practicable for commercialization, for 18 31 the benefit of all Iowans, including Iowa's agricultural 18 32 producers, through a public process which normally involves 18 33 nonexclusive licensing of genes and germplasm. 18 34 Funds appropriated in this lettered paragraph shall not be 18 35 available for expenditure for medically induced termination of 19 1 a pregnancy, including but not limited to usage of 19 2 mifepristone or RU-486, offered or administered by the student 19 3 health center. 19 4 b. Agricultural experiment station 19 5 For salaries, support, maintenance, miscellaneous purposes, 19 6 and for not more than the following full-time equivalent 19 7 positions: 19 8 .................................................. $ 34,807,820 19 9 ............................................... FTEs 546.98 19 10 c. Cooperative extension service in agriculture and home 19 11 economics 19 12 For salaries, support, maintenance, miscellaneous purposes, 19 13 and for not more than the following full-time equivalent 19 14 positions: 19 15 .................................................. $ 21,983,099 19 16 ............................................... FTEs 431.20 19 17 d. Leopold center 19 18 For agricultural research grants at Iowa state university 19 19 under section 266.39B, and for not more than the following 19 20 full-time equivalent positions: 19 21 .................................................. $ 545,052 19 22 ............................................... FTEs 11.25 19 23 e. Livestock disease research 19 24 For deposit in and the use of the livestock disease 19 25 research fund under section 267.8, and for not more than the 19 26 following full-time equivalent positions: 19 27 .................................................. $ 262,987 19 28 ............................................... FTEs 3.16 19 29 4. UNIVERSITY OF NORTHERN IOWA 19 30 a. General university 19 31 For salaries, support, maintenance, equipment, 19 32 miscellaneous purposes, and for not more than the following 19 33 full-time equivalent positions: 19 34 .................................................. $ 85,454,825 19 35 ............................................... FTEs 1,454.35 20 1 It is the intent of the general assembly that the 20 2 university continue progress on the implementation of a 20 3 masters in social work program. From the funds appropriated 20 4 in this lettered paragraph, the university may use up to 20 5 $450,000 for the implementation of the masters in social work 20 6 program, up to $100,000 for the roadside vegetation project, 20 7 and up to $200,000 for the Iowa office for staff development. 20 8 Funds appropriated in this lettered paragraph shall not be 20 9 available for expenditure for medically induced termination of 20 10 a pregnancy, including but not limited to usage of 20 11 mifepristone or RU-486, offered or administered by the student 20 12 health center. 20 13 b. Recycling and reuse center 20 14 For purposes of the recycling and reuse center, and for not 20 15 more than the following full-time equivalent positions: 20 16 .................................................. $ 236,649 20 17 ............................................... FTEs 1.50 20 18 5. STATE SCHOOL FOR THE DEAF 20 19 For salaries, support, maintenance, miscellaneous purposes, 20 20 and for not more than the following full-time equivalent 20 21 positions: 20 22 .................................................. $ 7,695,239 20 23 ............................................... FTEs 126.60 20 24 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 20 25 For salaries, support, maintenance, miscellaneous purposes, 20 26 and for not more than the following full-time equivalent 20 27 positions: 20 28 .................................................. $ 4,298,696 20 29 ............................................... FTEs 89.00 20 30 7. TUITION AND TRANSPORTATION COSTS 20 31 For payment to local school boards for the tuition and 20 32 transportation costs of students residing in the Iowa braille 20 33 and sight saving school and the state school for the deaf 20 34 pursuant to section 262.43 and for payment of certain clothing 20 35 and transportation costs for students at these schools 21 1 pursuant to section 270.5: 21 2 .................................................. $ 15,941 21 3 Sec. 9. MEDICAL ASSISTANCE SUPPLEMENTAL AMOUNTS. For 21 4 the fiscal year beginning July 1, 2001, and ending June 30, 21 5 2002, the department of human services shall continue the 21 6 supplemental disproportionate share and a supplemental 21 7 indirect medical education adjustment applicable to state- 21 8 owned acute care hospitals with more than 500 beds and shall 21 9 reimburse qualifying hospitals pursuant to that adjustment 21 10 with a supplemental amount for services provided medical 21 11 assistance recipients. The adjustment shall generate 21 12 supplemental payments intended to equal the state 21 13 appropriation made to a qualifying hospital for treatment of 21 14 indigent patients as provided in chapter 255. To the extent 21 15 of the supplemental payments, a qualifying hospital shall, 21 16 after receipt of the funds, transfer to the department of 21 17 human services an amount equal to the actual supplemental 21 18 payments that were made in that month. The aggregate amounts 21 19 for the fiscal year shall not exceed the state appropriation 21 20 made to the qualifying hospital for treatment of indigent 21 21 patients as provided in chapter 255. The department of human 21 22 services shall deposit these funds in the department's medical 21 23 assistance account. To the extent that state funds 21 24 appropriated to a qualifying hospital for the treatment of 21 25 indigent patients as provided in chapter 255 have been 21 26 transferred to the department of human services as a result of 21 27 these supplemental payments made to the qualifying hospital, 21 28 the department shall not, directly or indirectly, recoup the 21 29 supplemental payments made to a qualifying hospital for any 21 30 reason, unless an equivalent amount of the funds transferred 21 31 to the department of human services by a qualifying hospital 21 32 pursuant to this provision is transferred to the qualifying 21 33 hospital by the department. 21 34 If the state supplemental amount allotted to the state of 21 35 Iowa for the federal fiscal year beginning October 1, 2001, 22 1 and ending September 30, 2002, pursuant to section 1923(f)(3) 22 2 of the federal Social Security Act, as amended, or pursuant to 22 3 federal payments for indirect medical education is greater 22 4 than the amount necessary to fund the federal share of the 22 5 supplemental payments specified in the preceding paragraph, 22 6 the department of human services shall increase the 22 7 supplemental disproportionate share or supplemental indirect 22 8 medical education adjustment by the lesser of the amount 22 9 necessary to utilize fully the state supplemental amount or 22 10 the amount of state funds appropriated to the state university 22 11 of Iowa general education fund and allocated to the university 22 12 for the college of medicine. The state university of Iowa 22 13 shall transfer from the allocation for the college of medicine 22 14 to the department of human services, on a monthly basis, an 22 15 amount equal to the additional supplemental payments made 22 16 during the previous month pursuant to this paragraph. A 22 17 qualifying hospital receiving supplemental payments pursuant 22 18 to this paragraph that are greater than the state 22 19 appropriation made to the qualifying hospital for treatment of 22 20 indigent patients as provided in chapter 255 shall be 22 21 obligated as a condition of its participation in the medical 22 22 assistance program to transfer to the state university of Iowa 22 23 general education fund on a monthly basis an amount equal to 22 24 the funds transferred by the state university of Iowa to the 22 25 department of human services. To the extent that state funds 22 26 appropriated to the state university of Iowa and allocated to 22 27 the college of medicine have been transferred to the 22 28 department of human services as a result of these supplemental 22 29 payments made to the qualifying hospital, the department shall 22 30 not, directly or indirectly, recoup these supplemental 22 31 payments made to a qualifying hospital for any reason, unless 22 32 an equivalent amount of the funds transferred to the 22 33 department of human services by the state university of Iowa 22 34 pursuant to this paragraph is transferred to the qualifying 22 35 hospital by the department. 23 1 Continuation of the supplemental disproportionate share and 23 2 supplemental indirect medical education adjustment shall 23 3 preserve the funds available to the university hospital for 23 4 medical and surgical treatment of indigent patients as 23 5 provided in chapter 255 and to the state university of Iowa 23 6 for educational purposes at the same level as provided by the 23 7 state funds initially appropriated for that purpose. 23 8 The department of human services shall, in any compilation 23 9 of data or other report distributed to the public concerning 23 10 payments to providers under the medical assistance program, 23 11 set forth reimbursements to a qualifying hospital through the 23 12 supplemental disproportionate share and supplemental indirect 23 13 medical education adjustment as a separate item and shall not 23 14 include such payments in the amounts otherwise reported as the 23 15 reimbursement to a qualifying hospital for services to medical 23 16 assistance recipients. 23 17 For purposes of this section, "supplemental payment" means 23 18 a supplemental payment amount paid for medical assistance to a 23 19 hospital qualifying for that payment under this section. 23 20 Sec. 10. For the fiscal year beginning July 1, 2001, and 23 21 ending June 30, 2002, the state board of regents may use 23 22 notes, bonds, or other evidences of indebtedness issued under 23 23 section 262.48 to finance projects that will result in energy 23 24 cost savings in an amount that will cause the state board to 23 25 recover the cost of the projects within an average of six 23 26 years. 23 27 Sec. 11. Notwithstanding section 270.7, the department of 23 28 revenue and finance shall pay the state school for the deaf 23 29 and the Iowa braille and sight saving school the moneys 23 30 collected from the counties during the fiscal year beginning 23 31 July 1, 2001, for expenses relating to prescription drug costs 23 32 for students attending the state school for the deaf and the 23 33 Iowa braille and sight saving school. 23 34 Sec. 12. Section 256.9, subsection 46, Code 2001, is 23 35 amended by striking the subsection. 24 1 Sec. 13. Section 260C.14, Code 2001, is amended by adding 24 2 the following new subsection: 24 3 NEW SUBSECTION. 21. Obtain authorization from the state 24 4 board of education prior to entering into any agreement or 24 5 contract for the sale of a radio broadcast license or station 24 6 owned by the community college. The state board shall also 24 7 determine whether state moneys were used to purchase, acquire, 24 8 or support the radio broadcast station or license and, if 24 9 state moneys were used, the board of directors shall also seek 24 10 the prior approval of the executive council. Notwithstanding 24 11 any provision of law to the contrary that may grant authority 24 12 to sell an asset, the board of directors of a community 24 13 college shall not sell, encumber, or transfer the ownership of 24 14 a radio broadcast license or station except as provided in 24 15 this subsection. 24 16 Sec. 14. Section 261.25, subsections 1 through 3, Code 24 17 2001, are amended to read as follows: 24 18 1. There is appropriated from the general fund of the 24 19 state to the commission for each fiscal year the sum offorty-24 20eightforty-six millioneightthree hundredthirtyfifty 24 21 thousandseventy-fivetwo hundred seventy-one dollars for 24 22 tuition grants. 24 23 2. There is appropriated from the general fund of the 24 24 state to the commission for each fiscal year the sum of four 24 25 hundredninety-eightsixty-eight thousandfivesix hundred 24 26fortytwenty-eight dollars for scholarships. 24 27 3. There is appropriated from the general fund of the 24 28 state to the commission for each fiscal year the sum of two 24 29 millionfourthree hundredeighty-twothirty-three thousand 24 30 four hundred fifty-six dollars for vocational-technical 24 31 tuition grants. 24 32 Sec. 15. Section 262.7, subsection 7, Code 2001, is 24 33 amended to read as follows: 24 34 7. Thestate hospital-schooluniversity of Iowa hospitals 24 35 and clinic's center for disabilities and development. 25 1 Sec. 16. Section 262.9, Code 2001, is amended by adding 25 2 the following new subsection: 25 3 NEW SUBSECTION. 30. Obtain authorization from the 25 4 executive council prior to entering into any agreement or 25 5 contract for the sale of a radio broadcast license or station 25 6 owned by an institution of higher learning. Notwithstanding 25 7 any provision of law to the contrary that may grant authority 25 8 to sell an asset, neither the state board of regents nor the 25 9 institutions of higher learning under the state board's 25 10 control shall sell, encumber or transfer the ownership of a 25 11 radio broadcast license or station except as provided in this 25 12 subsection. 25 13 Sec. 17. Section 263.9, Code 2001, is amended to read as 25 14 follows: 25 15 263.9 ESTABLISHMENT AND OBJECTIVES. 25 16 The state board of regents is hereby authorized to 25 17 establish and maintain in reasonable proximity to Iowa City 25 18 and in conjunction with the state university of Iowa and the 25 19 university hospital, ahospital-schoolcenter for disabilities 25 20 and development having as its objects the education and 25 21 treatment of children with severe disabilities.Such25 22hospital-schoolsThe center shall be conducted in conjunction 25 23 with the activities of the university of Iowa children's 25 24 hospital. Insofar as is practicable, the facilities of the 25 25 university children's hospital shall be utilized. 25 26 Sec. 18. Section 263.10, Code 2001, is amended to read as 25 27 follows: 25 28 263.10 PERSONS ADMITTED. 25 29 Every resident of the state who is not more than twenty-one 25 30 years of age, who has such severe disabilities as to be unable 25 31 to acquire an education in the common schools, and every such 25 32 person who is twenty-one and under thirty-five years of age 25 33 who has the consent of the state board of regents, shall be 25 34 entitled to receive an education, care, and training in the 25 35institutioncenter for disabilities and development, and 26 1 nonresidents similarly situated may be entitled to an 26 2 education and carethereinat the center upon such terms as 26 3 may be fixed by the state board of regents. The fee for 26 4 nonresidents shall be not less than the average expense of 26 5 resident pupils and shall be paid in advance. Residents and 26 6 persons under the care and control of a director of a division 26 7 of the department of human services who have severe 26 8 disabilities may be transferred to thehospital-schoolcenter 26 9 upon such terms as may be agreed upon by the state board of 26 10 regents and the director. 26 11 Sec. 19. Section 263.12, Code 2001, is amended to read as 26 12 follows: 26 13 263.12 PAYMENT BY COUNTIES. 26 14 The provisions of sections 270.4 to 270.8, inclusive, are 26 15 hereby made applicable to thestate hospital-schooluniversity 26 16 of Iowa hospitals and clinics, center for disabilities and 26 17 development. 26 18 Sec. 20. Section 263.13, Code 2001, is amended to read as 26 19 follows: 26 20 263.13 GIFTS ACCEPTED. 26 21 The state board of regents is authorized to accept, for the 26 22 benefit ofsuch hospital-schoolsthe center for disabilities 26 23 and development, gifts, devises, or bequests of property, real 26 24 or personal including grants from the federal government. 26 25SaidThe state board of regents may exercise such powers with 26 26 reference to the management, sale, disposition, investment, or 26 27 control of property so given, devised, or bequeathed, as may 26 28 be deemed essential to its preservation and the purposes for 26 29 which made. No contribution or grant shall be received or 26 30 accepted if any condition is attached as to its use or 26 31 administration other than it be used for aid tosuch hospital-26 32schoolsthe center as provided in this division. 26 33 Sec. 21. Section 294A.25, subsection 5, Code 2001, is 26 34 amended to read as follows: 26 35 5. For the fiscal year beginning July 1,19972001, and 27 1 ending June 30,19982002, the amount of fifty thousand 27 2 dollars to be paid to the department of education for 27 3 participation in a state and national project, the national 27 4 assessment of education progress, to determine the academic 27 5 achievement of Iowa students in math, reading, science, United 27 6 States history, or geography. 27 7 Sec. 22. Section 294A.25, subsection 6, Code 2001, is 27 8 amended by striking the subsection and inserting in lieu 27 9 thereof the following: 27 10 6. For the fiscal year beginning July 1, 2001, and ending 27 11 June 30, 2002, to the department of education from phase III 27 12 moneys, the amount of seventy-five thousand dollars to 27 13 administer the ambassador to education position in accordance 27 14 with section 256.45. 27 15 Sec. 23. Section 294A.25, subsections 10 through 12, Code 27 16 2001, are amended by striking the subsections. 27 17 Sec. 24. Section 294A.25, subsection 13, Code 2001, is 27 18 amended to read as follows: 27 19 13. For the fiscal year beginning July 1,20002001, and 27 20 ending June 30,20012002, to the department of education from 27 21 phase III moneys the amount offiftyforty-seven thousand 27 22 dollars for the Iowa mathematics and science coalition. 27 23 Sec. 25. Section 331.424, subsection 1, paragraph a, 27 24 subparagraph (3), Code 2001, is amended to read as follows: 27 25 (3) Clothing, transportation, medical, or other services 27 26 provided persons attending the Iowa braille and sight saving 27 27 school, the Iowa school for the deaf, or thestate hospital-27 28schooluniversity of Iowa hospitals and clinics, center for 27 29 disabilities and development for children with severe 27 30 disabilities at Iowa City, for which the county becomes 27 31 obligated to pay pursuant to sections 263.12, 269.2, and 270.4 27 32 through 270.7. 27 33 Sec. 26. Chapter 256C, Code 2001, is repealed. 27 34 27 35 28 1 28 2 MARY E. KRAMER 28 3 President of the Senate 28 4 28 5 28 6 28 7 BRENT SIEGRIST 28 8 Speaker of the House 28 9 28 10 I hereby certify that this bill originated in the Senate and 28 11 is known as Senate File 535, Seventy-ninth General Assembly. 28 12 28 13 28 14 28 15 MICHAEL E. MARSHALL 28 16 Secretary of the Senate 28 17 Approved , 2001 28 18 28 19 28 20 28 21 THOMAS J. VILSACK 28 22 Governor
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