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Senate File 2304

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 2304
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PUBLIC FUNDING AND REGULATORY MATTERS AND MAKING,
  1  5    REDUCING, AND TRANSFERRING APPROPRIATIONS FOR THE FISCAL YEAR
  1  6    BEGINNING JULY 1, 2001, AND INCLUDING AN EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11                  IOWA ECONOMIC EMERGENCY FUND
  1 12    Section 1.  SCHOOL FOUNDATION AID.  There is appropriated
  1 13 from the Iowa economic emergency fund created in section 8.55
  1 14 to the department of management for the fiscal year beginning
  1 15 July 1, 2001, and ending June 30, 2002, the following amount,
  1 16 or so much thereof as is necessary, to be used for the purpose
  1 17 designated:
  1 18    For supplanting an equal amount from the appropriation made
  1 19 from the general fund of the state for the fiscal year
  1 20 beginning July 1, 2001, pursuant to section 257.16, to pay
  1 21 that part of foundation aid which represents the allowable
  1 22 growth amounts for all school districts:  
  1 23 .................................................. $ 44,852,353
  1 24    Sec. 2.  EMERGENCY EXPENDITURES.  The moneys appropriated
  1 25 in this division of this Act are declared to be appropriated
  1 26 for emergency expenditures as required in section 8.55,
  1 27 subsection 3, paragraph "a".
  1 28    Sec. 3.  EFFECT OF APPROPRIATIONS.  An appropriation from
  1 29 the general fund of the state, which is supplanted by an
  1 30 appropriation from the Iowa economic emergency fund made in
  1 31 this division of this Act, shall be reduced by the amount of
  1 32 the appropriation which supplants it.  
  1 33                           DIVISION II
  1 34                   UNIFORM REDUCTION EXEMPTION
  1 35    Sec. 4.  APPROPRIATIONS EXEMPT.  The appropriations made
  2  1 from the general fund of the state for the fiscal year
  2  2 beginning July 1, 2001, and ending June 30, 2002, for the
  2  3 following designated purposes are exempt from the uniform
  2  4 appropriation reduction made pursuant to this Act for the
  2  5 executive branch:
  2  6    1.  For medical assistance in 2001 Iowa Acts, chapter 191,
  2  7 section 7.
  2  8    2.  For child and family services in 2001 Iowa Acts,
  2  9 chapter 191, section 14.
  2 10    3.  For department of corrections facilities in 2001 Iowa
  2 11 Acts, chapter 186, section 4, and 2001 Iowa Acts, Second
  2 12 Extraordinary Session, chapter 6, section 7, subsection 1.
  2 13    4.  For community colleges in 2001 Iowa Acts, chapter 181,
  2 14 section 6, subsection 14, and 2001 Iowa Acts, Second
  2 15 Extraordinary Session, chapter 6, section 4.
  2 16    5.  For the college student aid commission in sections
  2 17 261.25 and 261.85, and 2001 Iowa Acts, chapter 181, section 1.
  2 18    6.  For payments in lieu of tuition allocated by the state
  2 19 board of regents in 2001 Iowa Acts, chapter 176, section 19,
  2 20 and 2001 Iowa Acts, Second Extraordinary Session, chapter 6,
  2 21 section 5, subsection 1.
  2 22    7.  For the family development and self-sufficiency grant
  2 23 program administered by the department of human services.
  2 24    8.  For the following tax reimbursements:  personal
  2 25 property tax replacement in section 405A.8, franchise tax
  2 26 revenue allocation in section 405A.10, livestock production
  2 27 tax credit refund in section 422.121, homestead tax credit in
  2 28 section 425.1, extraordinary property tax credit and
  2 29 reimbursement in section 425.39, family farm tax credit and
  2 30 agricultural land tax credit in sections 425A.1 and 426.1,
  2 31 military service tax credit in section 426A.1A, property tax
  2 32 relief in section 426B.1 and 2001 Iowa Acts, Second
  2 33 Extraordinary Session, chapter 6, section 1, subsection 13,
  2 34 industrial machinery, equipment and computers property tax
  2 35 replacement in section 427B.19A, and cigarette and little
  3  1 cigar tax stamps in section 453A.8.
  3  2    9.  For the following education-related purposes:  Iowa
  3  3 early intervention block grant program in section 256D.5,
  3  4 subsection 1; foundation and supplementary aid under section
  3  5 257.16; instructional support state aid to school districts in
  3  6 section 257.20; tuition grants in section 261.25, subsection
  3  7 1; child development grants and other programs for at-risk
  3  8 children in section 279.51; educational excellence in section
  3  9 294A.25; school improvement technology in section 256D.5,
  3 10 subsection 2; nonpublic school transportation in section
  3 11 285.2; department of education for distribution to area
  3 12 education agency XVI in 2001 Iowa Acts, Second Extraordinary
  3 13 Session, chapter 6, section 18, subsection 2; and including
  3 14 but not limited to any of the purposes listed in this
  3 15 subsection that also received an appropriation in 2001 Iowa
  3 16 Acts, Second Extraordinary Session, chapter 6.
  3 17    10.  For Iowa communications network debt service in 2001
  3 18 Iowa Acts, chapter 176, section 21, and 2001 Iowa Acts, Second
  3 19 Extraordinary Session, chapter 6, section 2.
  3 20    11.  For the department of commerce in 2001 Iowa Acts,
  3 21 chapter 187, section 3, and in standing appropriations and
  3 22 statutory provisions authorizing the department or its
  3 23 divisions to utilize fees for regulatory activities for the
  3 24 fiscal year beginning July 1, 2001.
  3 25    12.  For the department of human services for the family
  3 26 investment program in 2001 Iowa Acts, chapter 191, section 4.
  3 27    13.  For state unemployment compensation under chapter 96.
  3 28    14.  For legal services to persons in poverty grants in
  3 29 2001 Iowa Acts, chapter 186, section 1, subsection 11, and for
  3 30 the state public defender in 2001 Iowa Acts, chapter 186,
  3 31 section 9, and for payment of special court costs and attorney
  3 32 fees under section 815.1.
  3 33    15.  For payments authorized in accordance with law by the
  3 34 state appeal board.
  3 35    16.  For the statewide fire and police retirement system in
  4  1 section 411.20, as limited by section 8.59.
  4  2    17.  For the deferred compensation program established for
  4  3 state employees under section 509A.12.
  4  4    18.  For deposit in the school ready children grants
  4  5 account of the Iowa empowerment fund in 2001 Iowa Acts,
  4  6 chapter 181, section 6, subsection 10.
  4  7    19.  For the department of public defense in 2001 Iowa
  4  8 Acts, chapter 186, section 12, and 2001 Iowa Acts, Second
  4  9 Extraordinary Session, chapter 6, section 9.
  4 10    20.  For the state school for the deaf and the Iowa braille
  4 11 and sight saving school in 2001 Iowa Acts, chapter 181,
  4 12 section 8, subsections 5 and 6, and 2001 Iowa Acts, Second
  4 13 Extraordinary Session, chapter 6, section 5, subsections 3 and
  4 14 4.  
  4 15                          DIVISION III
  4 16                   TRANSFERS OF APPROPRIATIONS
  4 17    Sec. 5.  RISK POOL.  Notwithstanding sections 426B.1 and
  4 18 426B.5, subsection 2, paragraph "d", subparagraph (6), there
  4 19 is transferred from the property tax relief fund risk pool
  4 20 created in section 426B.5, subsection 2, to the general fund
  4 21 of the state for the fiscal year beginning July 1, 2001, and
  4 22 ending June 30, 2002, the following amount:  
  4 23 .................................................. $  1,500,000
  4 24    Sec. 6.  DEPRECIATION FUND.  Notwithstanding section
  4 25 18.120, there is transferred from the depreciation fund
  4 26 created in section 18.120 for the purchase of replacement
  4 27 motor vehicles and additions to the fleet, to the general fund
  4 28 of the state for the fiscal year beginning July 1, 2001, and
  4 29 ending June 30, 2002, the following amount:  
  4 30 .................................................. $  2,200,000
  4 31    Sec. 7.  REGENTS INFRASTRUCTURE.  Of the moneys
  4 32 appropriated to the state board of regents in 1997 Iowa Acts,
  4 33 chapter 215, section 23, subsection 1, paragraph "a", and
  4 34 allocated for construction of the livestock infectious disease
  4 35 isolation facility, there is transferred to the general fund
  5  1 of the state for the fiscal year beginning July 1, 2001, and
  5  2 ending June 30, 2002, the following amount:  
  5  3 .................................................. $  2,797,000
  5  4    Sec. 8.  TRAILS.  Of the moneys appropriated to the state
  5  5 department of transportation for trail projects in 1997 Iowa
  5  6 Acts, chapter 215, sections 12 and 13, and 1999 Iowa Acts,
  5  7 chapter 204, section 11, subsection 3, there is transferred to
  5  8 the general fund of the state for the fiscal year beginning
  5  9 July 1, 2001, and ending June 30, 2002, the following amount:  
  5 10 .................................................. $  5,500,000
  5 11    Sec. 9.  AVIATION HANGARS.  Of the moneys appropriated to
  5 12 the state department of transportation for general aviation
  5 13 hangar projects in 2000 Iowa Acts, chapter 1225, section 16,
  5 14 and deposited in an aviation hangar revolving loan fund, there
  5 15 is transferred to the general fund of the state for the fiscal
  5 16 year beginning July 1, 2001, and ending June 30, 2002, the
  5 17 following amount:  
  5 18 .................................................. $    360,000
  5 19    Sec. 10.  HEALTHY IOWANS TOBACCO TRUST.  Notwithstanding
  5 20 sections 12.65 and 12E.12, there is transferred from the
  5 21 healthy Iowans tobacco trust created in section 12.65 to the
  5 22 general fund of the state for the fiscal year beginning July
  5 23 1, 2001, and ending June 30, 2002, the following amount:  
  5 24 .................................................. $  6,000,000
  5 25    Moneys transferred pursuant to this section shall be from
  5 26 moneys deposited in the healthy Iowans tobacco trust which are
  5 27 not from proceeds from the tax-exempt bonds issued pursuant to
  5 28 chapter 12E.
  5 29    Sec. 11.  STRATEGIC INVESTMENT FUND.  Notwithstanding
  5 30 section 15.313, subsection 2, there is transferred from the
  5 31 strategic investment fund created in section 15.313 to the
  5 32 general fund of the state for the fiscal year beginning July
  5 33 1, 2001, and ending June 30, 2002, the following amount:  
  5 34 .................................................. $  1,000,000
  5 35    Sec. 12.  VALUE-ADDED AGRICULTURAL PRODUCTS.
  6  1 Notwithstanding section 15E.112, subsection 1, there is
  6  2 transferred from the value-added agricultural products and
  6  3 processes financial assistance fund created in section 15E.112
  6  4 to the general fund of the state for the fiscal year beginning
  6  5 July 1, 2001, and ending June 30, 2002, the following amount:  
  6  6 .................................................. $    500,000
  6  7    Sec. 13.  BRUCELLOSIS AND TUBERCULOSIS ERADICATION FUND.
  6  8 Notwithstanding section 165.18, subsection 1, there is
  6  9 transferred from the brucellosis and tuberculosis eradication
  6 10 fund created in section 165.18 to the general fund of the
  6 11 state for the fiscal year beginning July 1, 2001, and ending
  6 12 June 30, 2002, the following amount:  
  6 13 .................................................. $  1,000,000
  6 14    Sec. 14.  REAP.  Notwithstanding section 455A.19, there is
  6 15 transferred from the Iowa resources enhancement and protection
  6 16 fund created in section 455A.18 to the general fund of the
  6 17 state for the fiscal year beginning July 1, 2001, and ending
  6 18 June 30, 2002, the following amount:  
  6 19 .................................................. $  2,800,000
  6 20    Sec. 15.  ENVIRONMENT FIRST FUND.  Notwithstanding section
  6 21 8.57A, subsection 3, there is transferred from the environment
  6 22 first fund created in section 8.57A to the general fund of the
  6 23 state for the fiscal year beginning July 1, 2001, and ending
  6 24 June 30, 2002, the following amount:  
  6 25 .................................................. $  3,000,000
  6 26    Sec. 16.  ENDOWMENT FOR IOWA'S HEALTH ACCOUNT.
  6 27 Notwithstanding 2001 Iowa Acts, chapter 174, section 1, there
  6 28 is transferred from the endowment for Iowa's health account of
  6 29 the tobacco settlement trust fund created in section 12E.12 to
  6 30 the general fund of the state for the fiscal year beginning
  6 31 July 1, 2001, and ending June 30, 2002, the following amounts:
  6 32    1.  From the appropriation made for the fiscal year
  6 33 beginning July 1, 2001, from moneys received pursuant to
  6 34 sections 99D.17 and 99F.11 in 2001 Iowa Acts, chapter 174,
  6 35 section 1, subsection 1:  
  7  1 .................................................. $ 15,000,000
  7  2    2.  From the appropriation made for the fiscal year
  7  3 beginning July 1, 2001, from the general fund of the state in
  7  4 2001 Iowa Acts, chapter 174, section 1, subsection 2:  
  7  5 .................................................. $  7,000,000
  7  6    Sec. 17.  POOLED TECHNOLOGY ACCOUNT.  Notwithstanding 2001
  7  7 Iowa Acts, chapter 189, section 5, there is transferred from
  7  8 the pooled technology account established in the office of the
  7  9 treasurer of state under the control of the information
  7 10 technology department to the general fund of the state for the
  7 11 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  7 12 the following amount:  
  7 13 .................................................. $    700,000
  7 14    Sec. 18.  TRANSFER DATE.  The transfers specified in this
  7 15 division of this Act shall begin on the effective date of this
  7 16 Act.  
  7 17                           DIVISION IV
  7 18                         JUDICIAL BRANCH
  7 19    Sec. 19.  2001 Iowa Acts, chapter 179, section 1,
  7 20 unnumbered paragraph 2, as amended by 2001 Iowa Acts, Second
  7 21 Extraordinary Session, chapter 6, section 16, is amended to
  7 22 read as follows:
  7 23    For salaries of supreme court justices, appellate court
  7 24 judges, district court judges, district associate judges,
  7 25 judicial magistrates and staff, state court administrator,
  7 26 clerk of the supreme court, district court administrators,
  7 27 clerks of the district court, juvenile court officers, board
  7 28 of law examiners and board of examiners of shorthand reporters
  7 29 and judicial qualifications commission, receipt and
  7 30 disbursement of child support payments, reimbursement of the
  7 31 auditor of state for expenses incurred in completing audits of
  7 32 the offices of the clerks of the district court during the
  7 33 fiscal year beginning July 1, 2001, and maintenance,
  7 34 equipment, and miscellaneous purposes:  
  7 35 .................................................. $108,688,725
  8  1                                                     107,552,799
  8  2    Sec. 20.  2001 Iowa Acts, chapter 179, section 2, as
  8  3 amended by 2001 Iowa Acts, Second Extraordinary Session,
  8  4 chapter 6, section 17, is amended to read as follows:
  8  5    SEC. 2.  JUDICIAL RETIREMENT FUND.  There is appropriated
  8  6 from the general fund of the state to the judicial retirement
  8  7 fund for the fiscal year beginning July 1, 2001, and ending
  8  8 June 30, 2002, the following amount, or so much thereof as is
  8  9 necessary, to be used for the purpose designated:
  8 10    Notwithstanding section 602.9104, subsection 4, paragraph
  8 11 "b", for the state's contribution to the judicial retirement
  8 12 fund in the amount of 15.9 percent of the basic salaries of
  8 13 the judges covered under chapter 602, article 9:  
  8 14 .................................................. $  3,069,897
  8 15                                                       3,039,198
  8 16    Sec. 21.  JUDICIAL BRANCH – FURLOUGHS.
  8 17    1.  In addition to the appropriation reduction made in this
  8 18 division of this Act, the appropriations and distributions
  8 19 from the general fund of the state to the judicial branch for
  8 20 the fiscal year beginning July 1, 2001, and ending June 30,
  8 21 2002, are reduced by the following amount:  
  8 22 .................................................. $  1,100,700
  8 23    2.  In order to implement the reduction made in subsection
  8 24 1, the judicial branch shall implement furloughs of judicial
  8 25 branch employees other than justices, judges, and magistrates
  8 26 or other cost reductions in a manner so as to produce cost
  8 27 savings equivalent to a furlough of one-half day per employee
  8 28 per pay period.
  8 29    3.  As part of implementing the reduction made in
  8 30 subsection 1, notwithstanding the annual salary rates
  8 31 authorized for justices, judges, and magistrates in 2001 Iowa
  8 32 Acts, chapter 190, section 1, for the fiscal year beginning
  8 33 July 1, 2001, those salary rates shall be reduced by applying
  8 34 a 5 percent reduction to the portion of annual salary
  8 35 attributable to the period beginning on the effective date of
  9  1 this Act through June 30, 2002.  Subsection 2 does not apply
  9  2 to justices, judges, and magistrates subject to this
  9  3 subsection.
  9  4    4.  Notwithstanding the uses listed in section 602.1304,
  9  5 subsection 2, paragraph "c", the judicial branch may use not
  9  6 more than $1,000,000 of the moneys available to the judicial
  9  7 branch in the enhanced court collections fund for the fiscal
  9  8 year beginning July 1, 2001, to supplant the reduction made in
  9  9 subsection 1 and thereby decrease the application of
  9 10 subsections 2 and 3.  Any such decrease involving employee
  9 11 furloughs and salary reductions shall be applied
  9 12 proportionately between subsections 2 and 3.  
  9 13                           DIVISION V
  9 14                       LEGISLATIVE BRANCH
  9 15    Sec. 22.  APPROPRIATIONS REDUCTION.
  9 16    1.  The appropriations made from the general fund of the
  9 17 state in section 2.12 to the general assembly for the fiscal
  9 18 year beginning July 1, 2001, and ending June 30, 2002, shall
  9 19 be reduced by 2.6 percent.
  9 20    2.  In order to implement the reductions required by this
  9 21 section for the fiscal year beginning July 1, 2001, in
  9 22 addition to employee furloughs and other expense reductions,
  9 23 notwithstanding the annual salary rates authorized for members
  9 24 of the general assembly in section 2.10, the salary rates for
  9 25 such members shall be reduced by applying a 5 percent
  9 26 reduction to the portion of annual salary attributable to the
  9 27 period beginning on the effective date of this Act through
  9 28 June 30, 2002, as if the members were all paid a salary under
  9 29 section 2.10, subsection 4, paragraph "a".  
  9 30                           DIVISION VI
  9 31        UNIFORM EXECUTIVE BRANCH APPROPRIATION REDUCTIONS
  9 32    Sec. 23.  EXECUTIVE BRANCH.  Except for those
  9 33 appropriations made for the purposes specified in division I
  9 34 of this Act and those appropriations exempt from this section
  9 35 under division II of this Act, after applying the uniform
 10  1 reductions made pursuant to executive order number 24, the
 10  2 appropriations made from the general fund of the state to the
 10  3 executive branch for the fiscal year beginning July 1, 2001,
 10  4 and ending June 30, 2002, are reduced by 1 percent.
 10  5    Sec. 24.  SALARY ADJUSTMENT FUND.  The appropriation made
 10  6 in section 455G.3, subsection 6, paragraph "b", to the salary
 10  7 adjustment fund from the unassigned revenue fund administered
 10  8 by the Iowa comprehensive tank fund board is reduced by 4.3
 10  9 percent.  That appropriation shall be considered to be an
 10 10 appropriation made from the general fund of the state for
 10 11 purposes of the uniform reductions to appropriations made
 10 12 pursuant to this division of this Act or pursuant to any later
 10 13 enactment of the Seventy-ninth General Assembly, 2002 Session,
 10 14 making a uniform reduction to appropriations from the general
 10 15 fund of the state for the fiscal year beginning July 1, 2001,
 10 16 or pursuant to an executive order of the governor issued after
 10 17 the effective date of this Act.  
 10 18                          DIVISION VII
 10 19                   EXECUTIVE BRANCH FURLOUGHS
 10 20    Sec. 25.  EXECUTIVE BRANCH.  The appropriations made from
 10 21 the general fund of the state to the departments and
 10 22 establishments of the executive branch, as defined in section
 10 23 8.2, including but not limited to the appropriations to the
 10 24 state board of regents, for purposes of state employee
 10 25 compensation for the fiscal year beginning July 1, 2001, and
 10 26 ending June 30, 2002, are reduced by the following amount:  
 10 27 .................................................. $ 11,702,872
 10 28    1.  The department of management shall apply the reduction
 10 29 made in accordance with this section in a manner so that an
 10 30 appropriation providing for state employee compensation is
 10 31 reduced in proportion to the amount that the compensation
 10 32 costs in that appropriation bears to the total amount of
 10 33 compensation costs in all appropriations from the general fund
 10 34 to executive branch departments and establishments.
 10 35    2.  In order to implement the reduction made in this
 11  1 section, the departments and establishments shall implement
 11  2 furloughs for those employees whose compensation is paid from
 11  3 the general fund of the state or other cost reductions, in a
 11  4 manner to produce cost savings equivalent to a furlough of
 11  5 one-half day per employee per pay period.
 11  6    3.  As part of implementing the reduction made in this
 11  7 section, notwithstanding the annual salary rates authorized
 11  8 for elective executive branch officials in 2000 Iowa Acts,
 11  9 chapter 1219, section 3, for the fiscal year beginning July 1,
 11 10 2001, the salary rates for such officials shall be reduced by
 11 11 applying a 5 percent reduction to the portion of annual salary
 11 12 attributable to the period beginning on the effective date of
 11 13 this Act through June 30, 2002.  Subsection 2 does not apply
 11 14 to elective executive branch officials subject to this
 11 15 subsection.
 11 16    4.  As part of implementing the reduction made in this
 11 17 section, notwithstanding the annual salaries established under
 11 18 2001 Iowa Acts, chapter 190, section 3, for the fiscal year
 11 19 beginning July 1, 2001, each of those salaries shall be
 11 20 reduced by applying a 5 percent reduction to the portion of
 11 21 the salary attributable to the period beginning on the
 11 22 effective date of this Act through June 30, 2002.  Subsection
 11 23 2 does not apply to appointed executive branch officers
 11 24 subject to this subsection.
 11 25    5.  The appropriations reductions made pursuant to this
 11 26 section are in addition to the appropriations reductions made
 11 27 pursuant to division VI of this Act.  
 11 28                          DIVISION VIII
 11 29                         EFFECTIVE DATE
 11 30    Sec. 26.  EFFECTIVE DATE.  This Act, being deemed of
 11 31 immediate importance, takes effect upon enactment.  
 11 32 
 11 33 
 11 34                                                             
 11 35                               MARY E. KRAMER
 12  1                               President of the Senate
 12  2 
 12  3 
 12  4                                                             
 12  5                               BRENT SIEGRIST
 12  6                               Speaker of the House
 12  7 
 12  8    I hereby certify that this bill originated in the Senate and
 12  9 is known as Senate File 2304, Seventy-ninth General Assembly.
 12 10 
 12 11 
 12 12                                                             
 12 13                               MICHAEL E. MARSHALL
 12 14                               Secretary of the Senate
 12 15 Approved                , 2002
 12 16 
 12 17 
 12 18                                
 12 19 THOMAS J. VILSACK
 12 20 Governor
     

Text: SF02303                           Text: SF02305
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