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PAG LIN 1 1 DIVISION I 1 2 EXECUTIVE BRANCH 1 3 Section 1. STANDING APPROPRIATIONS. After applying the 1 4 reduction made pursuant to executive order number 24 to the 1 5 appropriations for the following designated purposes, there is 1 6 appropriated from the general fund of the state for the fiscal 1 7 year beginning July 1, 2001, and ending June 30, 2002, the 1 8 following amounts, or so much thereof as is necessary, to 1 9 supplement the appropriations for the following designated 1 10 purposes: 1 11 1. For the endowment for Iowa's health account of the 1 12 tobacco settlement trust fund in 2001 Iowa Acts, chapter 174, 1 13 section 1, subsection 2, unnumbered paragraph 2: 1 14 .................................................. $ 311,664 1 15 2. For payment of claims against the state by the state 1 16 appeals board in sections 25.2 and 669.11: 1 17 .................................................. $ 236,500 1 18 3. For performance of duty by the executive council in 1 19 sections 7D.29, 18.12, and 29C.20: 1 20 .................................................. $ 64,500 1 21 4. For payment of expenses, compensation, and claims 1 22 incurred by members of the national guard while on active duty 1 23 in section 29A.29: 1 24 .................................................. $ 4,730 1 25 5. For the secretary of state's administration of absentee 1 26 ballots for Iowa residents serving in the armed forces in 1 27 section 53.50: 1 28 .................................................. $ 151 1 29 6. For state unemployment compensation administration 1 30 under chapter 96: 1 31 .................................................. $ 15,179 1 32 7. For the Iowa early intervention block grant program in 1 33 section 256D.5, subsection 1: 1 34 .................................................. $ 1,290,000 1 35 8. For instructional support state aid to school districts 2 1 in section 257.20: 2 2 .................................................. $ 636,324 2 3 9. For tuition grants in section 261.25, subsection 1: 2 4 .................................................. $ 425,000 2 5 10. For child development grants and other programs for 2 6 at-risk children in section 279.51: 2 7 .................................................. $ 497,080 2 8 11. For educational excellence in section 294A.25, 2 9 including the distributions required by that section, as 2 10 amended by 2001 Iowa Acts, chapter 181, sections 21, 22, and 2 11 24: 2 12 .................................................. $ 3,478,327 2 13 12. For school improvement technology in section 256D.5, 2 14 subsection 2: 2 15 .................................................. $ 430,000 2 16 13. For the property tax relief fund in section 426B.1: 2 17 .................................................. $ 4,085,000 2 18 14. For payment of costs associated with extradition of 2 19 criminals in section 820.24: 2 20 .................................................. $ 172 2 21 Sec. 2. ICN DEBT SERVICE. After applying the reduction 2 22 made pursuant to executive order number 24 to the 2 23 appropriation made for the following designated purpose, there 2 24 is appropriated from the general fund of the state to the 2 25 treasurer of state for the fiscal year beginning July 1, 2001, 2 26 and ending June 30, 2002, the following amount, or so much 2 27 thereof as is necessary, to supplement the appropriation for 2 28 the following designated purpose: 2 29 For Iowa communications network debt service in 2001 Iowa 2 30 Acts, chapter 176, section 21: 2 31 .................................................. $ 427,384 2 32 Sec. 3. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. 2 33 After applying the reduction made pursuant to executive order 2 34 number 24 to the appropriation made for the following 2 35 designated purpose, there is appropriated from the general 3 1 fund of the state to the college student aid commission for 3 2 the fiscal year beginning July 1, 2001, and ending June 30, 3 3 2002, the following amount, or so much thereof as is 3 4 necessary, to supplement the appropriation for the following 3 5 designated purpose: 3 6 For the national guard educational assistance program in 3 7 2001 Iowa Acts, chapter 181, section 1, subsection 6: 3 8 .................................................. $ 50,525 3 9 Sec. 4. COMMUNITY COLLEGES. After applying the reduction 3 10 made pursuant to executive order number 24 to the 3 11 appropriation made for community colleges, there is 3 12 appropriated from the general fund of the state to the 3 13 department of education for the fiscal year beginning July 1, 3 14 2001, and ending June 30, 2002, the following amount, or so 3 15 much thereof as is necessary, to supplement the following 3 16 appropriation: 3 17 To supplement the appropriation made in 2001 Iowa Acts, 3 18 chapter 181, section 6, subsection 14, for general state 3 19 financial aid, including general financial aid to merged areas 3 20 in lieu of personal property tax replacement payments, to 3 21 merged areas as defined in section 260C.2, for vocational 3 22 education programs in accordance with chapters 258 and 260C: 3 23 .................................................. $ 1,000,000 3 24 The appropriation made in this section shall be distributed 3 25 among the merged areas listed in 2001 Iowa Acts, chapter 181, 3 26 section 6, subsection 14, in proportion to the amount that 3 27 each original allocation bears to the total amount originally 3 28 appropriated in the subsection. 3 29 Sec. 5. STATE BOARD OF REGENTS. After applying the 3 30 reduction made pursuant to executive order number 24 to the 3 31 appropriations for the following designated purposes, there is 3 32 appropriated from the general fund of the state to the state 3 33 board of regents for the fiscal year beginning July 1, 2001, 3 34 and ending June 30, 2002, the following amounts, or so much 3 35 thereof as is necessary, to supplement the appropriations for 4 1 the following designated purposes: 4 2 1. For payments in lieu of tuition in 2001 Iowa Acts, 4 3 chapter 176, section 19: 4 4 .................................................. $ 1,121,500 4 5 2. For the state university of Iowa state hygienic 4 6 laboratory in 2001 Iowa Acts, chapter 181, section 8, 4 7 subsection 2, paragraph "f": 4 8 .................................................. $ 178,821 4 9 3. For the state school for the deaf in 2001 Iowa Acts, 4 10 chapter 181, section 8, subsection 5: 4 11 .................................................. $ 341,872 4 12 4. For the Iowa braille and sight saving school in 2001 4 13 Iowa Acts, chapter 181, section 8, subsection 6: 4 14 .................................................. $ 191,605 4 15 Sec. 6. IOWA VETERANS HOME. After applying the reduction 4 16 made pursuant to executive order number 24 to the 4 17 appropriation made for the following designated purpose, there 4 18 is appropriated from the general fund of the state to the 4 19 commission of veterans affairs for the fiscal year beginning 4 20 July 1, 2001, and ending June 30, 2002, the following amount, 4 21 or so much thereof as is necessary, to supplement the 4 22 appropriation for the following designated purpose: 4 23 For the Iowa veterans home in 2001 Iowa Acts, chapter 182, 4 24 section 7, subsection 2: 4 25 .................................................. $ 2,123,563 4 26 Sec. 7. DEPARTMENT OF CORRECTIONS. After applying the 4 27 reduction made pursuant to executive order number 24 to the 4 28 appropriations for the following designated purposes, there is 4 29 appropriated from the general fund of the state to the 4 30 department of corrections for the fiscal year beginning July 4 31 1, 2001, and ending June 30, 2002, the following amounts, or 4 32 so much thereof as is necessary, to supplement the 4 33 appropriations for the following designated purposes: 4 34 1. For the operation of adult correctional institutions in 4 35 2001 Iowa Acts, chapter 186, section 4, subsection 1, to be 5 1 allocated as follows: 5 2 a. For the operation of the Fort Madison correctional 5 3 facility in 2001 Iowa Acts, chapter 186, section 4, subsection 5 4 1, paragraph "a": 5 5 .................................................. $ 467,922 5 6 b. For the operation of the Anamosa correctional facility 5 7 in 2001 Iowa Acts, chapter 186, section 4, subsection 1, 5 8 paragraph "b": 5 9 .................................................. $ 383,705 5 10 c. For the operation of the Clarinda correctional facility 5 11 in 2001 Iowa Acts, chapter 186, section 4, subsection 1, 5 12 paragraph "g": 5 13 .................................................. $ 645,379 5 14 d. For restoring the bed capacity, including the 5 15 associated correctional officer positions, other essential 5 16 positions, authorized programs, and authorized services such 5 17 as treatment, medical, maintenance, and food service that were 5 18 reduced from the quantity of beds, programs, and services 5 19 funded and authorized as of July 1, 2001, in 2001 Iowa Acts, 5 20 chapter 186, section 4, subsection 1: 5 21 .................................................. $ 362,875 5 22 2. For reimbursement of counties for certain confinement 5 23 costs in 2001 Iowa Acts, chapter 186, section 4, subsection 1: 5 24 .................................................. $ 30,119 5 25 3. For the judicial district departments of correctional 5 26 services in 2001 Iowa Acts, chapter 186, section 6, subsection 5 27 1, for restoring the quantity of probation, parole, and 5 28 residential officer positions funded and authorized as of July 5 29 1, 2001, including restoring as many of the beds and programs 5 30 that were reduced from the quantity funded and authorized as 5 31 of July 1, 2001: 5 32 .................................................. $ 1,110,000 5 33 Sec. 8. IOWA LAW ENFORCEMENT ACADEMY. After applying the 5 34 reduction made pursuant to executive order number 24 to the 5 35 appropriation made for the following designated purpose, there 6 1 is appropriated from the general fund of the state to the Iowa 6 2 law enforcement academy for the fiscal year beginning July 1, 6 3 2001, and ending June 30, 2002, the following amount, or so 6 4 much thereof as is necessary, to supplement the appropriation 6 5 for the following designated purpose: 6 6 For the Iowa law enforcement academy in 2001 Iowa Acts, 6 7 chapter 186, section 10: 6 8 .................................................. $ 59,500 6 9 Sec. 9. DEPARTMENT OF PUBLIC DEFENSE. After applying the 6 10 reduction made pursuant to executive order number 24 to the 6 11 appropriations for the following designated purposes, there is 6 12 appropriated from the general fund of the state to the 6 13 department of public defense for the fiscal year beginning 6 14 July 1, 2001, and ending June 30, 2002, the following amounts, 6 15 or so much thereof as is necessary, to supplement the 6 16 appropriations for the following designated purposes: 6 17 1. For the military division in 2001 Iowa Acts, chapter 6 18 186, section 12, subsection 1: 6 19 .................................................. $ 238,088 6 20 2. For the emergency management division in 2001 Iowa 6 21 Acts, chapter 186, section 12, subsection 2: 6 22 .................................................. $ 46,383 6 23 Sec. 10. DEPARTMENT OF PUBLIC SAFETY. After applying the 6 24 reduction made pursuant to executive order number 24 to the 6 25 appropriations for the following designated purposes, there is 6 26 appropriated from the general fund of the state to the 6 27 department of public safety for the fiscal year beginning July 6 28 1, 2001, and ending June 30, 2002, the following amounts, or 6 29 so much thereof as is necessary, to supplement the 6 30 appropriations for the following designated purposes: 6 31 1. For the department's administrative functions in 2001 6 32 Iowa Acts, chapter 186, section 13, subsection 1: 6 33 .................................................. $ 109,710 6 34 2. For the division of criminal investigation and bureau 6 35 of identification in 2001 Iowa Acts, chapter 186, section 13, 7 1 subsection 2: 7 2 .................................................. $ 542,099 7 3 3. For the division of narcotics enforcement in 2001 Iowa 7 4 Acts, chapter 186, section 13, subsection 3, paragraph "a": 7 5 .................................................. $ 155,587 7 6 4. For the division of narcotics enforcement for 7 7 undercover enforcement in 2001 Iowa Acts, chapter 186, section 7 8 13, subsection 3, paragraph "b": 7 9 .................................................. $ 5,582 7 10 5. For the state fire marshal's office in 2001 Iowa Acts, 7 11 chapter 186, section 13, subsection 4, paragraph "a": 7 12 .................................................. $ 81,489 7 13 6. For the state fire marshal's office for fire protection 7 14 services in 2001 Iowa Acts, chapter 186, section 13, 7 15 subsection 4, paragraph "b": 7 16 .................................................. $ 26,184 7 17 7. For the capitol police division in 2001 Iowa Acts, 7 18 chapter 186, section 13, subsection 5: 7 19 .................................................. $ 56,914 7 20 8. For the division of the Iowa state patrol in 2001 Iowa 7 21 Acts, chapter 186, section 13, subsection 6: 7 22 .................................................. $ 1,652,907 7 23 9. For costs associated with the maintenance of the 7 24 automated fingerprint information system (AFIS) in 2001 Iowa 7 25 Acts, chapter 186, section 13, subsection 7: 7 26 .................................................. $ 10,309 7 27 10. For deposit in the public safety law enforcement sick- 7 28 leave benefit fund established under section 80.42 in 2001 7 29 Iowa Acts, chapter 186, section 13, subsection 8: 7 30 .................................................. $ 12,390 7 31 11. For costs associated with the training and equipment 7 32 needs of volunteer fire fighters in 2001 Iowa Acts, chapter 7 33 186, section 13, subsection 10: 7 34 .................................................. $ 24,795 7 35 Notwithstanding section 8.33, moneys appropriated in this 8 1 subsection that remain unencumbered or unobligated at the 8 2 close of the fiscal year shall not revert but shall remain 8 3 available for expenditure for the purposes designated until 8 4 the close of the succeeding fiscal year. 8 5 Sec. 11. DEPARTMENT OF GENERAL SERVICES. After applying 8 6 the reduction made pursuant to executive order number 24 to 8 7 the appropriations made for the following designated purposes, 8 8 there is appropriated from the general fund of the state to 8 9 the department of general services for the fiscal year 8 10 beginning July 1, 2001, and ending June 30, 2002, the 8 11 following amounts, or so much thereof as is necessary, to 8 12 supplement the appropriations for the following designated 8 13 purposes: 8 14 1. For rental space in 2001 Iowa Acts, chapter 187, 8 15 section 6, subsection 4: 8 16 .................................................. $ 44,243 8 17 2. For utility costs in 2001 Iowa Acts, chapter 187, 8 18 section 6, subsection 5: 8 19 .................................................. $ 94,941 8 20 Sec. 12. STATE WORKERS' COMPENSATION CLAIMS. After 8 21 applying the reduction made pursuant to executive order number 8 22 24 to the appropriation made for the following designated 8 23 purpose, there is appropriated from the general fund of the 8 24 state to the department of personnel for the fiscal year 8 25 beginning July 1, 2001, and ending June 30, 2002, the 8 26 following amount, or so much thereof as is necessary, to 8 27 supplement the appropriation for the following designated 8 28 purpose: 8 29 For distribution to state departments for funding of 8 30 premiums for paying workers' compensation claims in 2001 Iowa 8 31 Acts, chapter 187, section 20: 8 32 .................................................. $ 21,500 8 33 Sec. 13. DEPARTMENT OF HUMAN SERVICES FIELD OPERATIONS. 8 34 After applying the reduction made pursuant to executive order 8 35 number 24 for the following designated purpose, there is 9 1 appropriated from the general fund of the state to the 9 2 department of human services for the fiscal year beginning 9 3 July 1, 2001, and ending June 30, 2002, the following amount, 9 4 or so much thereof as is necessary, to supplement the 9 5 appropriation for the following designated purpose: 9 6 For field operations in 2001 Iowa Acts, chapter 191, 9 7 section 27: 9 8 .................................................. $ 3,000,000 9 9 If the federal government approves the state plan amendment 9 10 to commence, in the fiscal year beginning July 1, 2001, using 9 11 medical assistance funding for targeted case management 9 12 services for children, as submitted by the department pursuant 9 13 to 2001 Iowa Acts, chapter 191, section 28, the appropriation 9 14 made in this section is reduced in an amount equal to the net 9 15 increase in federal reimbursement received for the services. 9 16 DIVISION II 9 17 LEGISLATIVE BRANCH 9 18 Sec. 14. GENERAL ASSEMBLY. The appropriations made from 9 19 the general fund of the state in section 2.12, for the fiscal 9 20 year beginning July 1, 2001, and ending June 30, 2002, for the 9 21 expenses of the general assembly and for legislative agencies, 9 22 are reduced by the following amount: 9 23 .................................................. $ 1,079,992 9 24 Sec. 15. LEGISLATIVE PER DIEM PAYMENT. Notwithstanding 9 25 section 2.10, subsection 6, for the special session that 9 26 convenes November 8, 2001, the members of the general assembly 9 27 are not entitled to and shall not receive the sum of eighty- 9 28 six dollars per day for each day the general assembly is 9 29 actually in special session, but shall receive the same travel 9 30 allowances and expenses as authorized by section 2.10. 9 31 DIVISION III 9 32 JUDICIAL BRANCH 9 33 Sec. 16. 2001 Iowa Acts, chapter 179, section 1, 9 34 unnumbered paragraph 2, is amended to read as follows: 9 35 For salaries of supreme court justices, appellate court 10 1 judges, district court judges, district associate judges, 10 2 judicial magistrates and staff, state court administrator, 10 3 clerk of the supreme court, district court administrators, 10 4 clerks of the district court, juvenile court officers, board 10 5 of law examiners and board of examiners of shorthand reporters 10 6 and judicial qualifications commission, receipt and 10 7 disbursement of child support payments, reimbursement of the 10 8 auditor of state for expenses incurred in completing audits of 10 9 the offices of the clerks of the district court during the 10 10 fiscal year beginning July 1, 2001, and maintenance, 10 11 equipment, and miscellaneous purposes: 10 12 ..................................................$113,792,16610 13 $108,688,725 10 14 Sec. 17. 2001 Iowa Acts, chapter 179, section 2, is 10 15 amended to read as follows: 10 16 SEC. 2. JUDICIAL RETIREMENT FUND. There is appropriated 10 17 from the general fund of the state to the judicial retirement 10 18 fund for the fiscal year beginning July 1, 2001, and ending 10 19 June 30, 2002, the following amount, or so much thereof as is 10 20 necessary, to be used for the purpose designated: 10 21 Notwithstanding section 602.9104, subsection 4, paragraph 10 22 "b", for the state's contribution to the judicial retirement 10 23 fund in the amount of16.615.9 percent of the basic salaries 10 24 of the judges covered under chapter 602, article 9: 10 25 .................................................. $3,207,83410 26 3,069,897 10 27 DIVISION IV 10 28 EDUCATION-RELATED PROVISIONS 10 29 Sec. 18. AREA EDUCATION AGENCY SERVICES. 10 30 1. For the budget year beginning July 1, 2001, 10 31 notwithstanding the requirements of section 257.37 for 10 32 determining the budgets and funding of media services and 10 33 educational services, an area education agency may, within the 10 34 limits of the total of the funds provided to an area education 10 35 agency pursuant to section 257.35, expend for special 11 1 education support services an amount that exceeds the payment 11 2 for special education support services pursuant to section 11 3 257.35 in order to maintain the level of required special 11 4 education support services in the area education agency. 11 5 2. For the school budget year beginning July 1, 2001, and 11 6 ending June 30, 2002, there is appropriated from the general 11 7 fund of the state to the department of education the sum of 11 8 one hundred eighteen thousand dollars to be distributed to 11 9 area education agency XVI to supplement other moneys available 11 10 to the agency. The appropriation in this subsection is not 11 11 subject to executive order number 24. 11 12 Sec. 19. CATEGORICAL FUNDING TO SCHOOLS – FY 2001-2002. 11 13 For the school budget year beginning July 1, 2001, and ending 11 14 June 30, 2002, notwithstanding section 256.33 for educational 11 15 technology assistance, chapter 256D for the Iowa early 11 16 intervention and school improvement technology block grants, 11 17 or section 294A.25 for educational excellence phase III, the 11 18 board of directors of a school district may use the 11 19 categorical state funding identified in this section and 11 20 received by the district, for any school general fund purpose. 11 21 Sec. 20. Section 261.17, subsection 7, paragraph e, Code 11 22 2001, is amended by striking the paragraph. 11 23 DIVISION V 11 24 INTERSTATE COMPACT FOR ADULT 11 25 OFFENDERS – CORRECTIVE AMENDMENTS 11 26 Sec. 21. Section 422.7, subsection 12, paragraph c, Code 11 27 2001, as amended by 2001 Iowa Acts, chapter 15, section 1, is 11 28 amended to read as follows: 11 29 c. An individual, whether or not domiciled in this state 11 30 at the time of the hiring, who is on parole or probation and 11 31 to whom the interstate probation and parole compact under 11 32 section 907A.1, Code 2001, applies, or to whom the compact for 11 33 adult offenders under chapter 907B applies. 11 34 Sec. 22. Section 422.7, subsection 12A, paragraph b, Code 11 35 2001, as amended by 2001 Iowa Acts, chapter 15, section 2, is 12 1 amended to read as follows: 12 2 b. An individual, whether or not domiciled in this state 12 3 at the time of the hiring, who is on parole or probation and 12 4 to whom the interstate probation and parole compact under 12 5 section 907A.1, Code 2001, applies, or to whom the compact for 12 6 adult offenders under chapter 907B applies. 12 7 Sec. 23. Section 422.35, subsection 6, paragraph c, Code 12 8 2001, as amended by 2001 Iowa Acts, chapter 15, section 3, is 12 9 amended to read as follows: 12 10 c. An individual, whether or not domiciled in this state 12 11 at the time of the hiring, who is on parole or probation and 12 12 to whom the interstate probation and parole compact under 12 13 section 907A.1, Code 2001, applies, or to whom the compact for 12 14 adult offenders under chapter 907B applies. 12 15 Sec. 24. Section 422.35, subsection 6A, paragraph b, Code 12 16 2001, as amended by 2001 Iowa Acts, chapter 15, section 4, is 12 17 amended to read as follows: 12 18 b. An individual, whether or not domiciled in this state 12 19 at the time of the hiring, who is on parole or probation and 12 20 to whom the interstate probation and parole compact under 12 21 section 907A.1, Code 2001, applies, or to whom the compact for 12 22 adult offenders under chapter 907B applies. 12 23 Sec. 25. 2001 Iowa Acts, chapter 15, is amended by adding 12 24 the following new section: 12 25 NEW SECTION. SEC. 9. EFFECTIVE DATE. The effective date 12 26 of this Act shall be the later of July 1, 2002, or upon the 12 27 legislative enactment of the interstate compact for adult 12 28 offender supervision by the thirty-fifth jurisdiction. The 12 29 director of the department of corrections shall notify the 12 30 Code editor upon the enactment of the compact by the thirty- 12 31 fifth jurisdiction. The date upon which this Act takes effect 12 32 constitutes the date of renunciation of the interstate 12 33 probation and parole compact under section 907A.1, Code 2001, 12 34 by the state of Iowa, and this Act in itself shall constitute 12 35 and satisfy the six months' notice of renunciation required by 13 1 section 907A.1, Code 2001. The duties of the state of Iowa as 13 2 a renouncing state under section 907A.1, subsection 7, Code 13 3 2001, shall continue as to parolees and probationers residing 13 4 within the state of Iowa on the effective date of renunciation 13 5 until the parolees and probationers are retaken or finally 13 6 discharged by the sending state. 13 7 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 13 8 Act is retroactively applicable to July 1, 2001, and is 13 9 applicable on and after that date. 13 10 DIVISION VI 13 11 BUDGETING REFORMS 13 12 Sec. 27. Section 8.55, subsection 1, Code 2001, is amended 13 13 to read as follows: 13 14 1. The Iowa economic emergency fund is created. The fund 13 15 shall be separate from the general fund of the state and the 13 16 balance in the fund shall not be considered part of the 13 17 balance of the general fund of the state.The moneys in the13 18fund shall not revert to the general fund, notwithstanding13 19section 8.33, unless and to the extent the fund exceeds the13 20maximum balance. However, the fund shall be considered a13 21special account for the purposes of section 8.53The moneys 13 22 credited to the fund are not subject to section 8.33 and shall 13 23 not be transferred, used, obligated, appropriated, or 13 24 otherwise encumbered except as provided in this section. 13 25 Sec. 28. Section 8.55, subsection 3, Code 2001, is amended 13 26 to read as follows: 13 27 3. a.TheExcept as provided in paragraphs "b" and "c", 13 28 the moneys in the Iowa economic emergency fundmay be13 29appropriatedshall only be used pursuant to an appropriation 13 30 made by the general assembly. An appropriation shall onlyin13 31 be made for the fiscal yearforin which the appropriation is 13 32 made. The moneys shall only be appropriated by the general 13 33 assembly for emergency expenditures.However, except13 34 b. Moneys in the fund may be used for cash flow purposes 13 35 during a fiscal year provided that any moneys so allocated are 14 1 returned to the fund by the end of that fiscal year. 14 2 c. There is appropriated from the Iowa economic emergency 14 3 fund to the general fund of the state for the fiscal year in 14 4 which moneys in the fund were used for cash flow purposes, for 14 5 the purposes of reducing or preventing any overdraft on or 14 6 deficit in the general fund of the state, the amount from the 14 7 Iowa economic emergency fund that was used for cash flow 14 8 purposes pursuant to paragraph "b" and that was not returned 14 9 to the Iowa economic emergency fund by June 30 of the fiscal 14 10 year. The appropriation in this paragraph shall not exceed 14 11 fifty million dollars and is contingent upon all of the 14 12 following having occurred: 14 13 (1) The revenue estimating conference estimate of general 14 14 fund receipts made during the last quarter of the fiscal year 14 15 was or the actual fiscal year receipts and accruals were at 14 16 least one-half of one percent less than the comparable 14 17 estimate made during the third quarter of the fiscal year. 14 18 (2) The governor has implemented the uniform reductions in 14 19 appropriations required in section 8.31 as a result of 14 20 subparagraph (1) and such reduction was insufficient to 14 21 prevent an overdraft on or deficit in the general fund of the 14 22 state or the governor did not implement uniform reductions in 14 23 appropriations because of the lateness of the estimated or 14 24 actual receipts and accruals under subparagraph (1). 14 25 (3) The balance of the general fund of the state at the 14 26 end of the fiscal year prior to the appropriation made in this 14 27 paragraph was negative. 14 28 (4) The governor has issued an official proclamation and 14 29 has notified the cochairpersons of the fiscal committee of the 14 30 legislative council and the legislative fiscal bureau that the 14 31 contingencies in subparagraphs (1) through (3) have occurred 14 32 and the reasons why the uniform reductions specified in 14 33 subparagraph (2) were insufficient or were not implemented to 14 34 prevent an overdraft on or deficit in the general fund of the 14 35 state. 15 1 d. If an appropriation is made pursuant to paragraph "c" 15 2 for a fiscal year, there is appropriated from the general fund 15 3 of the state to the Iowa economic emergency fund for the 15 4 following fiscal year, the amount of the appropriation made 15 5 pursuant to paragraph "c". 15 6 e. Except as provided in section 8.58, thebalance in the15 7 Iowa economic emergency fundmay be usedshall be considered a 15 8 special account for the purposes of section 8.53 in 15 9 determining the cash position of the general fund of the state 15 10 for the payment of state obligations. 15 11 Sec. 29. Section 8.56, subsection 1, Code 2001, is amended 15 12 to read as follows: 15 13 1. A cash reserve fund is created in the state treasury. 15 14 The cash reserve fund shall be separate from the general fund 15 15 of the state and shall not be considered part of the general 15 16 fund of the state except in determining the cash position of 15 17 the state as provided in subsection 3. The moneys in the cash 15 18 reserve fund are not subject to section 8.33 and shall not be 15 19 transferred, used, obligated, appropriated, or otherwise 15 20 encumbered except as provided in this section. 15 21 Notwithstanding section 12C.7, subsection 2, interest or 15 22 earnings on moneys deposited in the cash reserve fund shall be 15 23 credited to the rebuild Iowa infrastructure fund created in 15 24 section 8.57. Moneys in the cash reserve fund may be used for 15 25 cash flow purposes during a fiscal year provided that any 15 26 moneys so allocated are returned to the cash reserve fund by 15 27 the end ofeachthat fiscal year.However, the fund shall be15 28considered a special account for the purposes of section 8.53.15 29 Sec. 30. Section 8.56, subsection 3, Code 2001, is amended 15 30 to read as follows: 15 31 3. The moneys in the cash reserve fundmayshall only be 15 32appropriatedused pursuant to an appropriation made by the 15 33 general assembly. An appropriation shall be made in 15 34 accordance with subsection 4 onlyinfor the fiscal yearfor15 35 in which the appropriation is made. The moneys shall only be 16 1 appropriated by the general assembly for nonrecurring 16 2 emergency expenditures and shall not be appropriated for 16 3 payment of any collective bargaining agreement or arbitrator's 16 4 decision negotiated or awarded under chapter 20.However,16 5exceptExcept as provided in section 8.58,the balance inthe 16 6 cash reserve fundmay be usedshall be considered a special 16 7 account for the purposes of section 8.53 in determining the 16 8 cash position of the general fund of the state for the payment 16 9 of state obligations. 16 10 Sec. 31. EFFECTIVE DATE. The provisions of this division 16 11 of this Act amending section 8.56 take effect July 1, 2002. 16 12 DIVISION VII 16 13 Sec. 32. SALES TAX EXEMPTION PER FEDERAL SALES TAX HOLIDAY 16 14 ACT. 16 15 1. a. There is hereby exempted from imposition of sales 16 16 and use tax under division IV of chapter 422 or chapter 422B, 16 17 422E, or 423, the gross receipts from the sale of tangible 16 18 personal property which receipts are otherwise taxable under 16 19 division IV of chapter 422 or chapter 422B, 422E, or 423, 16 20 contingent upon enactment of the federal Sales Tax Holiday Act 16 21 of 2001 providing one hundred percent reimbursement from the 16 22 federal government to the states for the loss of revenue from 16 23 a tax exemption for sales that take place during a period of 16 24 time specified in the federal Sales Tax Holiday Act of 2001 16 25 and providing reimbursement from the federal government for 16 26 administrative costs incurred by the department of revenue and 16 27 finance separate from the amount reimbursed for sales tax not 16 28 collected. The exemption shall be applied in the manner 16 29 prescribed by the federal Act. 16 30 b. Retailers shall be required to accurately report actual 16 31 sales made during the period of time this exemption applies 16 32 pursuant to rules adopted by the department. 16 33 c. The governor shall, not later than the date specified 16 34 in the federal Sales Tax Holiday Act of 2001, notify the 16 35 United States secretary of the treasury in writing of Iowa's 17 1 intention to qualify for reimbursement under the federal Sales 17 2 Tax Holiday Act of 2001 by not collecting applicable sales tax 17 3 during the sales tax holiday period specified in the federal 17 4 Act. 17 5 d. Notwithstanding paragraph "a", the motor vehicle lease 17 6 tax imposed under section 423.7A is not considered an exempt 17 7 sale for purposes of this section and the federal Sales Tax 17 8 Holiday Act of 2001. 17 9 e. Notwithstanding paragraph "c", if the director of 17 10 revenue and finance determines that it is not feasible to 17 11 administer a sales tax holiday in the time provided by the 17 12 federal Sales Tax Holiday Act of 2001, the director of revenue 17 13 and finance shall immediately inform the governor and the 17 14 governor may decline to send notification to the United States 17 15 secretary of the treasury. 17 16 2. The department of revenue and finance may adopt 17 17 emergency rules under section 17A.4, subsection 2, and section 17 18 17A.5, subsection 2, paragraph "b", to implement the 17 19 provisions of this section and the rules shall be effective 17 20 immediately upon filing unless a later date is specified in 17 21 the rules. Any rules adopted in accordance with this section 17 22 shall also be published as a notice of intended action as 17 23 provided in section 17A.4. 17 24 3. If any provision of this section is held invalid, the 17 25 invalidity does not affect other provisions or applications of 17 26 the section which can be given effect without the invalid 17 27 provision or application, and to this end the provisions of 17 28 this section are severable. 17 29 4. This section is repealed effective January 31, 2002. 17 30 DIVISION VIII 17 31 GENERAL PROVISIONS 17 32 Sec. 33. Section 226.1, subsection 2, Code 2001, is 17 33 amended by adding the following new paragraph after paragraph 17 34 b: 17 35 NEW PARAGRAPH. c. A unit for the civil commitment of 18 1 sexually violent predators committed to the custody of the 18 2 director of human services pursuant to chapter 229A. 18 3 Sec. 34. SEXUALLY VIOLENT PREDATORS UNIT. Of the funds 18 4 appropriated to the department of general services for the 18 5 fiscal year beginning July 1, 2001, and ending June 30, 2002, 18 6 up to $600,000 may be used for costs associated with 18 7 renovation and furnishing of space necessary to meet the 18 8 capacity needs of the department of human services unit for 18 9 the civil commitment of sexually violent predators. 18 10 Sec. 35. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS. 18 11 The department of human services may collocate the unit for 18 12 civil commitment of sexually violent predators at the mental 18 13 health institute at Mount Pleasant. 18 14 Sec. 36. EFFECT OF APPROPRIATION REDUCTIONS. The moneys 18 15 appropriated in this Act to supplement the appropriations for 18 16 the fiscal year beginning July 1, 2001, and ending June 30, 18 17 2002, are not subject to executive order number 24. 18 18 Sec. 37. EFFECTIVE DATE. Unless otherwise provided by 18 19 this Act, this Act, being deemed of immediate importance, 18 20 takes effect upon enactment. 18 21 EXPLANATION 18 22 Division I of this bill makes supplemental appropriations 18 23 from the general fund of the state to executive branch 18 24 appropriations made for the fiscal year beginning July 1, 18 25 2001, which were reduced by executive order number 24. 18 26 Divisions II and III reduce appropriations made to the 18 27 legislative and judicial branches. The bill provides that 18 28 members of the general assembly are not entitled to and shall 18 29 not receive a per diem payment for the special session that 18 30 convenes November 8, 2001. The judicial branch reduction 18 31 includes a reduction to the percentage amount of the state's 18 32 contribution to the judicial retirement fund. 18 33 In division IV Code section 261.17, relating to vocational- 18 34 technical tuition grants, is amended to eliminate a 18 35 requirement for the college student aid commission to 19 1 establish a late application deadline for new applicants and 19 2 reserving up to $63,000 of the grant appropriation for making 19 3 grants to those applicants. 19 4 Division V provides corrective amendments to the interstate 19 5 compact for adult offenders. This division is retroactively 19 6 applicable to July 1, 2001. 19 7 Division VI provides state budgeting reforms. 19 8 Code section 8.55, relating to the Iowa economic emergency 19 9 fund, is amended to conform with requirements for the cash 19 10 reserve fund. Existing language prohibiting reversions of 19 11 moneys in the fund to the general fund except as authorized in 19 12 current law when the fund has reached the maximum balance is 19 13 expanded to also prohibit transfer, use, obligation, 19 14 appropriation, or other encumbrance. Language specifying that 19 15 the fund is a special account for purposes of the law 19 16 pertaining to any generally accepted accounting principles 19 17 (GAAP) deficit is stricken and moved into other new language 19 18 later in the bill. 19 19 Code section 8.55 is also amended to explicitly state that 19 20 appropriations from the fund can only be made by the general 19 21 assembly. However, moneys in the fund may be used for cash 19 22 flow purposes if the money is returned by the end of the 19 23 fiscal year. In addition, there is an appropriation from the 19 24 fund to the state general fund if the cash flow moneys are not 19 25 returned and the following conditions are met: the state 19 26 general fund fourth quarter estimated or actual receipts and 19 27 accruals are .5 percent less than the third quarter estimates; 19 28 the governor has made across-the-board cuts which are 19 29 insufficient to prevent a shortfall or was unable to make such 19 30 cuts because of the lateness of the reporting of the estimated 19 31 or actual receipts; the balance of the general fund is 19 32 negative; and notification is given to the fiscal committee 19 33 and legislative fiscal bureau. The amount that may be 19 34 appropriated is limited to $50,000,000. The appropriated 19 35 amount is returned to the Iowa economic emergency fund by 20 1 appropriation from the state general fund the following fiscal 20 2 year. The bill incorporates the language providing that the 20 3 fund can be considered to be money set aside in a special fund 20 4 for purposes of any GAAP deficit into existing language 20 5 providing that the balance of the fund may be used for 20 6 determining the cash position of the general fund for the 20 7 payment of state obligations. 20 8 Code section 8.56, relating to the cash reserve fund, is 20 9 amended to conform with the Iowa economic emergency fund 20 10 changes involving the explicit requirement for legislative 20 11 appropriation of moneys from the fund and rewriting the 20 12 language pertaining to a special account for purposes of any 20 13 GAAP deficit and cash position. The changes to Code section 20 14 8.56 take effect July 1, 2002. 20 15 Division VII would require the governor to notify the U.S. 20 16 secretary of the treasury of Iowa's intention to claim 20 17 reimbursement under the federal Sales Tax Holiday Act of 2001 20 18 by not collecting sales tax for a time period to be specified 20 19 in the federal Act. If it is determined that it is not 20 20 feasible to participate in the sales tax holiday in the time 20 21 provided by the federal Act, the governor may decline to send 20 22 notification. The division is contingent upon enactment of 20 23 the federal Sales Tax Holiday Act of 2001 by Congress and the 20 24 federal Act's provision of 100 percent reimbursement to the 20 25 state for sales tax not collected and reimbursement to the 20 26 state for administrative costs incurred in implementing the 20 27 sales tax holiday. The exemption applies to sales and use 20 28 taxes, local option sales taxes, and school infrastructure 20 29 taxes. The exemption would not apply to tax imposed for the 20 30 leasing of automobiles. The department of revenue and finance 20 31 may adopt emergency rules to implement the division. The 20 32 division takes effect upon enactment and is repealed effective 20 33 January 31, 2002. 20 34 Except as otherwise provided, the bill takes effect upon 20 35 enactment. 21 1 LSB 5152SV 79 21 2 jp/cls/14
Text: SF00552 Text: SF00554 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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