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PAG LIN 1 1 SENATE FILE 2326 1 2 1 3 AN ACT 1 4 MAKING, REDUCING, AND TRANSFERRING APPROPRIATIONS, AND 1 5 PROVIDING FOR OTHER PROPERLY RELATED MATTERS AND INCLUDING 1 6 EFFECTIVE DATES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 ADMINISTRATION AND REGULATION 1 12 Section 1. AUDITOR OF STATE. There is appropriated from 1 13 the general fund of the state to the office of the auditor of 1 14 state for the fiscal year beginning July 1, 2002, and ending 1 15 June 30, 2003, the following amount, or so much thereof as is 1 16 necessary, to be used for the purposes designated: 1 17 For salaries, support, maintenance, miscellaneous purposes, 1 18 and for not more than the following full-time equivalent 1 19 positions: 1 20 .................................................. $ 1,103,243 1 21 ............................................... FTEs 105.47 1 22 The auditor of state may retain additional full-time 1 23 equivalent positions as is reasonable and necessary to perform 1 24 governmental subdivision audits which are reimbursable 1 25 pursuant to section 11.20 or 11.21, to perform audits which 1 26 are requested by and reimbursable from the federal government, 1 27 and to perform work requested by and reimbursable from 1 28 departments or agencies pursuant to section 11.5A or 11.5B. 1 29 The auditor of state shall notify the department of 1 30 management, the legislative fiscal committee, and the 1 31 legislative fiscal bureau of the additional full-time 1 32 equivalent positions retained. 1 33 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 1 34 is appropriated from the general fund of the state to the Iowa 1 35 ethics and campaign disclosure board for the fiscal year 2 1 beginning July 1, 2002, and ending June 30, 2003, the 2 2 following amount, or so much thereof as is necessary, for the 2 3 purposes designated: 2 4 For salaries, support, maintenance, miscellaneous purposes, 2 5 and for not more than the following full-time equivalent 2 6 positions: 2 7 .................................................. $ 420,000 2 8 ............................................... FTEs 6.00 2 9 Sec. 3. DEPARTMENT OF COMMERCE. There is appropriated 2 10 from the general fund of the state to the department of 2 11 commerce for the fiscal year beginning July 1, 2002, and 2 12 ending June 30, 2003, the following amounts, or so much 2 13 thereof as is necessary, for the purposes designated: 2 14 1. ALCOHOLIC BEVERAGES DIVISION 2 15 For salaries, support, maintenance, miscellaneous purposes, 2 16 and for not more than the following full-time equivalent 2 17 positions: 2 18 .................................................. $ 1,803,044 2 19 ............................................... FTEs 33.00 2 20 2. BANKING DIVISION 2 21 For salaries, support, maintenance, miscellaneous purposes, 2 22 and for not more than the following full-time equivalent 2 23 positions: 2 24 .................................................. $ 6,036,125 2 25 ............................................... FTEs 72.00 2 26 3. CREDIT UNION DIVISION 2 27 For salaries, support, maintenance, miscellaneous purposes, 2 28 and for not more than the following full-time equivalent 2 29 positions: 2 30 .................................................. $ 1,282,995 2 31 ............................................... FTEs 19.00 2 32 4. INSURANCE DIVISION 2 33 a. For salaries, support, maintenance, miscellaneous 2 34 purposes, and for not more than the following full-time 2 35 equivalent positions: 3 1 .................................................. $ 3,770,164 3 2 ............................................... FTEs 93.50 3 3 b. The insurance division may reallocate authorized full- 3 4 time equivalent positions as necessary to respond to 3 5 accreditation recommendations or requirements. The insurance 3 6 division expenditures for examination purposes may exceed the 3 7 projected receipts, refunds, and reimbursements, estimated 3 8 pursuant to section 505.7, subsection 7, including the 3 9 expenditures for retention of additional personnel, if the 3 10 expenditures are fully reimbursable and the division first 3 11 does both of the following: 3 12 (1) Notify the department of management, the legislative 3 13 fiscal bureau, and the legislative fiscal committee of the 3 14 need for the expenditures. 3 15 (2) File with each of the entities named in subparagraph 3 16 (1) the legislative and regulatory justification for the 3 17 expenditures, along with an estimate of the expenditures. 3 18 5. PROFESSIONAL LICENSING AND REGULATION DIVISION 3 19 a. For salaries, support, maintenance, miscellaneous 3 20 purposes, and for not more than the following full-time 3 21 equivalent positions: 3 22 .................................................. $ 748,342 3 23 ............................................... FTEs 11.00 3 24 b. Notwithstanding the provisions of section 543B.14 to 3 25 the contrary, all fees and charges collected by the real 3 26 estate commission under chapter 543B shall be paid into the 3 27 general fund of the state, except that for the fiscal year 3 28 beginning July 1, 2002, and ending June 30, 2003, the 3 29 equivalent of thirty dollars per year of the fees for each 3 30 real estate salesperson's license, plus the equivalent of 3 31 thirty dollars per year of the fees for each broker's license 3 32 shall be paid into the Iowa real estate education fund created 3 33 in section 543B.54. 3 34 6. UTILITIES DIVISION 3 35 a. For salaries, support, maintenance, miscellaneous 4 1 purposes, and for not more than the following full-time 4 2 equivalent positions: 4 3 .................................................. $ 6,104,810 4 4 ............................................... FTEs 79.00 4 5 b. The utilities division may expend additional funds, 4 6 including funds for additional personnel, if those additional 4 7 expenditures are actual expenses which exceed the funds 4 8 budgeted for utility regulation and the expenditures are fully 4 9 reimbursable. Before the division expends or encumbers an 4 10 amount in excess of the funds budgeted for regulation, the 4 11 division shall first do both of the following: 4 12 (1) Notify the department of management, the legislative 4 13 fiscal bureau, and the legislative fiscal committee of the 4 14 need for the expenditures. 4 15 (2) File with each of the entities named in subparagraph 4 16 (1) the legislative and regulatory justification for the 4 17 expenditures, along with an estimate of the expenditures. 4 18 The utilities division shall assess the office of consumer 4 19 advocate within the department of justice a pro rata share of 4 20 the operating expenses of the utilities division. Each 4 21 division and the office of consumer advocate shall include in 4 22 its charges assessed or revenues generated, an amount 4 23 sufficient to cover the amount stated in its appropriation, 4 24 any state-assessed indirect costs determined by the department 4 25 of revenue and finance. It is the intent of the general 4 26 assembly that the director of the department of commerce shall 4 27 review on a quarterly basis all out-of-state travel for the 4 28 previous quarter for officers and employees of each division 4 29 of the department if the travel is not already authorized by 4 30 the executive council. 4 31 7. ACCOUNTABLE GOVERNMENT REPORT 4 32 Each division of the department of commerce shall submit a 4 33 report to the cochairpersons and ranking members of the joint 4 34 appropriations subcommittee on administration and regulation 4 35 on or before January 13, 2003, which encompasses the reporting 5 1 requirements provided in Code chapter 8E, including 5 2 development of an agency strategic plan, performance measures, 5 3 performance targets based on performance data, performance 5 4 data, and data sources used to evaluate the agency 5 5 performance, and explanations of the plan's provisions. 5 6 Sec. 4. DEPARTMENT OF COMMERCE PROFESSIONAL LICENSING 5 7 AND REGULATION. There is appropriated from the housing 5 8 improvement fund of the Iowa department of economic 5 9 development to the division of professional licensing and 5 10 regulation of the department of commerce for the fiscal year 5 11 beginning July 1, 2002, and ending June 30, 2003, the 5 12 following amount, or so much thereof as is necessary, to be 5 13 used for the purposes designated: 5 14 For salaries, support, maintenance, and miscellaneous 5 15 purposes: 5 16 .................................................. $ 62,317 5 17 Sec. 5. DEPARTMENT OF GENERAL SERVICES. There is 5 18 appropriated from the general fund of the state to the 5 19 department of general services for the fiscal year beginning 5 20 July 1, 2002, and ending June 30, 2003, the following amounts, 5 21 or so much thereof as is necessary, to be used for the 5 22 purposes designated: 5 23 1. ADMINISTRATION AND PROPERTY MANAGEMENT 5 24 For salaries, support, maintenance, miscellaneous purposes, 5 25 and for not more than the following full-time equivalent 5 26 positions: 5 27 .................................................. $ 5,389,881 5 28 ............................................... FTEs 152.60 5 29 2. TERRACE HILL OPERATIONS 5 30 For salaries, support, maintenance, and miscellaneous 5 31 purposes necessary for the operation of Terrace Hill and for 5 32 not more than the following full-time equivalent positions: 5 33 .................................................. $ 241,347 5 34 ............................................... FTEs 5.00 5 35 3. RENTAL SPACE 6 1 For payment of lease or rental costs of buildings and 6 2 office space as provided in section 18.12, subsection 9, 6 3 notwithstanding section 18.16: 6 4 .................................................. $ 865,818 6 5 The department shall prepare a summary of lease and rental 6 6 agreements entered into by the department with information 6 7 concerning the location of leased property, the funding source 6 8 for each lease, and the cost of the lease. The summary shall 6 9 be submitted to the general assembly by January 13, 2003. 6 10 4. UTILITY COSTS 6 11 For payment of utility costs and for not more than the 6 12 following full-time equivalent position: 6 13 .................................................. $ 1,857,970 6 14 ............................................... FTEs 1.00 6 15 Notwithstanding sections 8.33 and 18.12, subsection 11, any 6 16 excess funds appropriated for utility costs in this subsection 6 17 shall not revert to the general fund of the state at the end 6 18 of the fiscal year but shall remain available for expenditure 6 19 for the purposes of this subsection during the fiscal year 6 20 beginning July 1, 2003. 6 21 5. The department of general services shall identify all 6 22 positions throughout state government that have job 6 23 responsibilities that are duplicative of the same or similar 6 24 job functions that are performed by similar positions in the 6 25 department of general services. The positions throughout 6 26 state government that are duplicative of positions in the 6 27 department of general services will be identified by 6 28 department, position title, and position pay grade. The 6 29 department of general services shall also determine if the 6 30 department can perform the functions of the duplicated 6 31 position. The department shall submit a report, with 6 32 findings, conclusions, and supporting data, to the oversight 6 33 committee of the general assembly by September 1, 2002. 6 34 Sec. 6. REVOLVING FUNDS. There is appropriated from the 6 35 designated revolving funds to the department of general 7 1 services for the fiscal year beginning July 1, 2002, and 7 2 ending June 30, 2003, the following amounts, or so much 7 3 thereof as is necessary, to be used for the purposes 7 4 designated: 7 5 1. CENTRALIZED PURCHASING 7 6 From the centralized purchasing permanent revolving fund 7 7 established by section 18.9 for salaries, support, 7 8 maintenance, miscellaneous purposes, and for not more than the 7 9 following full-time equivalent positions: 7 10 .................................................. $ 1,118,960 7 11 ............................................... FTEs 17.95 7 12 2. CENTRALIZED PURCHASING REMAINDER 7 13 The remainder of the centralized purchasing permanent 7 14 revolving fund is appropriated for the payment of expenses 7 15 incurred through purchases by various state departments and 7 16 for contingencies arising during the fiscal year beginning 7 17 July 1, 2002, and ending June 30, 2003, which are legally 7 18 payable from this fund. 7 19 3. STATE FLEET ADMINISTRATOR 7 20 a. From the state fleet administrator revolving fund 7 21 established by section 18.119 for salaries, support, 7 22 maintenance, miscellaneous purposes, and for not more than the 7 23 following full-time equivalent positions: 7 24 .................................................. $ 881,501 7 25 ............................................... FTEs 16.75 7 26 b. The state fleet administrator shall conduct a study 7 27 concerning the utilization of state-owned vehicles by state 7 28 government that are under the control of the administrator 7 29 pursuant to section 18.114. As part of the study, the state 7 30 fleet administrator shall investigate the cost and benefits of 7 31 entering into an agreement with an entity that leases or rents 7 32 vehicles for the purpose of providing vehicles from that 7 33 source for use by state government. The study shall also 7 34 examine what revenue may be generated as a result of the sale 7 35 of state-owned vehicles. The state fleet administrator shall 8 1 submit a report to the general assembly by January 13, 2003, 8 2 concerning the progress of the administrator in meeting the 8 3 goal of reducing the number of state-owned vehicles. The 8 4 report shall include all relevant data concerning the study, 8 5 any actions taken to reduce the number of state-owned 8 6 vehicles, and any proposed legislative changes needed to 8 7 implement the goal of reducing the number of state-owned 8 8 vehicles. 8 9 4. STATE FLEET ADMINISTRATOR REMAINDER 8 10 The remainder of the state fleet administrator revolving 8 11 fund is appropriated for the purchase of ethanol blended fuels 8 12 and other fuels specified in section 18.115, subsection 5, 8 13 oil, tires, repairs, and all other maintenance expenses 8 14 incurred in the operation of state-owned motor vehicles and 8 15 for contingencies arising during the fiscal year beginning 8 16 July 1, 2002, and ending June 30, 2003, which are legally 8 17 payable from this fund. 8 18 5. CENTRALIZED PRINTING 8 19 From the centralized printing permanent revolving fund 8 20 established by section 18.57 for salaries, support, 8 21 maintenance, miscellaneous purposes, and for not more than the 8 22 following full-time equivalent positions: 8 23 .................................................. $ 1,328,025 8 24 ............................................... FTEs 29.55 8 25 6. CENTRALIZED PRINTING REMAINDER 8 26 The remainder of the centralized printing permanent 8 27 revolving fund is appropriated for the expense incurred in 8 28 supplying paper stock, offset printing, copy preparation, 8 29 binding, distribution costs, original payment of printing and 8 30 binding claims and contingencies arising during the fiscal 8 31 year beginning July 1, 2002, and ending June 30, 2003, which 8 32 are legally payable from this fund. 8 33 Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There is 8 34 appropriated from the general fund of the state to the offices 8 35 of the governor and the lieutenant governor for the fiscal 9 1 year beginning July 1, 2002, and ending June 30, 2003, the 9 2 following amounts, or so much thereof as is necessary, to be 9 3 used for the purposes designated: 9 4 1. GENERAL OFFICE 9 5 For salaries, support, maintenance, and miscellaneous 9 6 purposes for the general office of the governor and the 9 7 general office of the lieutenant governor, and for not more 9 8 than the following full-time equivalent positions: 9 9 .................................................. $ 1,299,177 9 10 ............................................... FTEs 17.25 9 11 2. TERRACE HILL QUARTERS 9 12 For salaries, support, maintenance, and miscellaneous 9 13 purposes for the governor's quarters at Terrace Hill, and for 9 14 not more than the following full-time equivalent positions: 9 15 .................................................. $ 102,780 9 16 ............................................... FTEs 3.00 9 17 3. ADMINISTRATIVE RULES COORDINATOR 9 18 For salaries, support, maintenance, and miscellaneous 9 19 purposes for the office of administrative rules coordinator, 9 20 and for not more than the following full-time equivalent 9 21 positions: 9 22 .................................................. $ 135,085 9 23 ............................................... FTEs 3.00 9 24 4. NATIONAL GOVERNORS ASSOCIATION 9 25 For payment of Iowa's membership in the national governors 9 26 association: 9 27 .................................................. $ 65,842 9 28 5. STATE-FEDERAL RELATIONS 9 29 For salaries, support, maintenance, miscellaneous purposes, 9 30 and for not more than the following full-time equivalent 9 31 positions: 9 32 .................................................. $ 213,604 9 33 ............................................... FTEs 2.00 9 34 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. 9 35 1. If Senate File 2325, or similar legislation providing 10 1 for the reorganization of the duties of the department of 10 2 inspections and appeals is enacted into law by the 2002 10 3 session of the general assembly, there is appropriated from 10 4 the general fund of the state to the department of inspections 10 5 and appeals for the fiscal year beginning July 1, 2002, and 10 6 ending June 30, 2003, the following amounts, or so much 10 7 thereof as is necessary, for the purposes designated: 10 8 a. Administration division 10 9 For salaries, support, maintenance, miscellaneous purposes, 10 10 and for not more than the following full-time equivalent 10 11 positions: 10 12 .................................................. $ 730,165 10 13 ............................................... FTEs 24.00 10 14 b. Administrative hearings division 10 15 For salaries, support, maintenance, miscellaneous purposes, 10 16 and for not more than the following full-time equivalent 10 17 positions: 10 18 .................................................. $ 482,863 10 19 ............................................... FTEs 30.00 10 20 c. Investigations division 10 21 For salaries, support, maintenance, miscellaneous purposes, 10 22 and for not more than the following full-time equivalent 10 23 positions: 10 24 .................................................. $ 1,407,553 10 25 ............................................... FTEs 46.00 10 26 d. Health facilities division 10 27 For salaries, support, maintenance, miscellaneous purposes, 10 28 and for not more than the following full-time equivalent 10 29 positions: 10 30 .................................................. $ 2,327,714 10 31 ............................................... FTEs 108.00 10 32 e. Inspections division 10 33 For salaries, support, maintenance, miscellaneous purposes, 10 34 and for not more than the following full-time equivalent 10 35 positions: 11 1 .................................................. $ 776,141 11 2 ............................................... FTEs 13.00 11 3 f. Employment appeal board 11 4 For salaries, support, maintenance, miscellaneous purposes, 11 5 and for not more than the following full-time equivalent 11 6 positions: 11 7 .................................................. $ 34,941 11 8 ............................................... FTEs 15.00 11 9 The employment appeal board shall be reimbursed by the 11 10 labor services division of the department of workforce 11 11 development for all costs associated with hearings conducted 11 12 under chapter 91C, related to contractor registration. The 11 13 board may expend, in addition to the amount appropriated under 11 14 this paragraph, additional amounts as are directly billable to 11 15 the labor services division under this paragraph "f" and to 11 16 retain the additional full-time equivalent positions as needed 11 17 to conduct hearings required pursuant to chapter 91C. 11 18 g. Child advocacy board 11 19 (1) For foster care review, including salaries, support, 11 20 maintenance, miscellaneous purposes, and for not more than the 11 21 following full-time equivalent positions: 11 22 .................................................. $ 789,523 11 23 ............................................... FTEs 19.00 11 24 The department of human services, in coordination with the 11 25 child advocacy board, and the department of inspections and 11 26 appeals, shall submit an application for funding available 11 27 pursuant to Title IV-E of the federal Social Security Act for 11 28 claims for child advocacy board, administrative review costs. 11 29 (2) For the court appointed special advocate program, 11 30 including salaries, support, maintenance, and for not more 11 31 than the following full-time equivalent positions: 11 32 .................................................. $ 960,000 11 33 ............................................... FTEs 24.00 11 34 It is the intent of the general assembly that the court 11 35 appointed special advocate program investigate and develop 12 1 opportunities for expanding fund-raising for the program. 12 2 2. If Senate File 2325, or similar legislation providing 12 3 for the reorganization of the duties of the department of 12 4 inspections and appeals is not enacted into law by the 2002 12 5 session of the general assembly, there is appropriated from 12 6 the general fund of the state to the department of inspections 12 7 and appeals for the fiscal year beginning July 1, 2002, and 12 8 ending June 30, 2003, the following amounts, or so much 12 9 thereof as is necessary, for the purposes designated: 12 10 a. Administration division 12 11 For salaries, support, maintenance, miscellaneous purposes, 12 12 and for not more than the following full-time equivalent 12 13 positions: 12 14 .................................................. $ 533,734 12 15 ............................................... FTEs 21.00 12 16 b. Audits division 12 17 For salaries, support, maintenance, miscellaneous purposes, 12 18 and for not more than the following full-time equivalent 12 19 positions: 12 20 .................................................. $ 452,145 12 21 ............................................... FTEs 10.00 12 22 c. Administrative hearings division 12 23 For salaries, support, maintenance, miscellaneous purposes, 12 24 and for not more than the following full-time equivalent 12 25 positions: 12 26 .................................................. $ 482,863 12 27 ............................................... FTEs 30.00 12 28 d. Investigations division 12 29 For salaries, support, maintenance, miscellaneous purposes, 12 30 and for not more than the following full-time equivalent 12 31 positions: 12 32 .................................................. $ 1,030,813 12 33 ............................................... FTEs 40.00 12 34 e. Health facilities division 12 35 For salaries, support, maintenance, miscellaneous purposes, 13 1 and for not more than the following full-time equivalent 13 2 positions: 13 3 .................................................. $ 2,327,714 13 4 ............................................... FTEs 108.00 13 5 f. Inspections division 13 6 For salaries, support, maintenance, miscellaneous purposes, 13 7 and for not more than the following full-time equivalent 13 8 positions: 13 9 .................................................. $ 897,167 13 10 ............................................... FTEs 17.00 13 11 g. Employment appeal board 13 12 For salaries, support, maintenance, miscellaneous purposes, 13 13 and for not more than the following full-time equivalent 13 14 positions: 13 15 .................................................. $ 34,941 13 16 ............................................... FTEs 15.00 13 17 The employment appeal board shall be reimbursed by the 13 18 labor services division of the department of workforce 13 19 development for all costs associated with hearings conducted 13 20 under chapter 91C, related to contractor registration. The 13 21 board may expend, in addition to the amount appropriated under 13 22 this paragraph, additional amounts as are directly billable to 13 23 the labor services division under this paragraph "g" and to 13 24 retain the additional full-time equivalent positions as needed 13 25 to conduct hearings required pursuant to chapter 91C. 13 26 h. State foster care review board 13 27 For foster care review, including salaries, support, 13 28 maintenance, miscellaneous purposes, and for not more than the 13 29 following full-time equivalent positions: 13 30 .................................................. $ 789,523 13 31 ............................................... FTEs 19.00 13 32 The department of human services, in coordination with the 13 33 state foster care review board, and the department of 13 34 inspections and appeals, shall submit an application for 13 35 funding available pursuant to Title IV-E of the federal Social 14 1 Security Act for claims for state foster care review board, 14 2 administrative review costs. 14 3 Sec. 9. RACING AND GAMING COMMISSION. 14 4 1. RACETRACK REGULATION 14 5 There is appropriated from the general fund of the state to 14 6 the racing and gaming commission of the department of 14 7 inspections and appeals for the fiscal year beginning July 1, 14 8 2002, and ending June 30, 2003, the following amount, or so 14 9 much thereof as is necessary, to be used for the purposes 14 10 designated: 14 11 For salaries, support, maintenance, and miscellaneous 14 12 purposes for the regulation of pari-mutuel racetracks, and for 14 13 not more than the following full-time equivalent positions: 14 14 .................................................. $ 2,083,762 14 15 ............................................... FTEs 24.78 14 16 Of the funds appropriated in this subsection, $85,576 shall 14 17 be used to conduct an extended harness racing season. 14 18 2. EXCURSION BOAT REGULATION 14 19 There is appropriated from the general fund of the state to 14 20 the racing and gaming commission of the department of 14 21 inspections and appeals for the fiscal year beginning July 1, 14 22 2002, and ending June 30, 2003, the following amount, or so 14 23 much thereof as is necessary, to be used for the purposes 14 24 designated: 14 25 For salaries, support, maintenance, and miscellaneous 14 26 purposes for administration and enforcement of the excursion 14 27 boat gambling laws, and for not more than the following full- 14 28 time equivalent positions: 14 29 .................................................. $ 1,602,611 14 30 ............................................... FTEs 30.97 14 31 3. ACCOUNTABLE GOVERNMENT REPORT 14 32 The racing and gaming commission shall submit a report to 14 33 the cochairpersons and ranking members of the joint 14 34 appropriations subcommittee on administration and regulation 14 35 on or before January 13, 2003, which encompasses the reporting 15 1 requirements provided in Code chapter 8E, including 15 2 development of an agency strategic plan, performance measures, 15 3 performance targets based on performance data, performance 15 4 data, and data sources used to evaluate the agency 15 5 performance, and explanations of the plan's provisions. 15 6 Sec. 10. USE TAX APPROPRIATION. There is appropriated 15 7 from the use tax receipts collected pursuant to sections 423.7 15 8 and 423.7A prior to their deposit in the road use tax fund 15 9 pursuant to section 423.24, to the appeals and fair hearings 15 10 division of the department of inspections and appeals for the 15 11 fiscal year beginning July 1, 2002, and ending June 30, 2003, 15 12 the following amount, or so much thereof as is necessary, for 15 13 the purposes designated: 15 14 For salaries, support, maintenance, and miscellaneous 15 15 purposes: 15 16 .................................................. $ 1,197,552 15 17 Sec. 11. DEPARTMENT OF MANAGEMENT. There is appropriated 15 18 from the general fund of the state to the department of 15 19 management for the fiscal year beginning July 1, 2002, and 15 20 ending June 30, 2003, the following amounts, or so much 15 21 thereof as is necessary, to be used for the purposes 15 22 designated: 15 23 1. GENERAL OFFICE STATEWIDE PROPERTY TAX ADMINISTRATION 15 24 For salaries, support, maintenance, miscellaneous purposes, 15 25 and for not more than the following full-time equivalent 15 26 positions: 15 27 .................................................. $ 2,147,276 15 28 ............................................... FTEs 33.00 15 29 2. ENTERPRISE RESOURCE PLANNING 15 30 If funding is provided for the redesign of the enterprise 15 31 resource planning budget system for the fiscal year beginning 15 32 July 1, 2002, then there is appropriated from the general fund 15 33 of the state to the department of management for the fiscal 15 34 year beginning July 1, 2002, and ending June 30, 2003, the 15 35 following amount, or so much thereof as is necessary, to be 16 1 used for the purpose designated: 16 2 For salaries, support, maintenance, and miscellaneous 16 3 purposes for administration of the enterprise resource 16 4 planning system, and for not more than the following full-time 16 5 equivalent position: 16 6 .................................................. $ 60,000 16 7 ............................................... FTEs 1.00 16 8 3. STATE GOVERNMENT ADMINISTRATIVE SERVICES REORGANIZATION 16 9 The department of management, in consultation with other 16 10 administrative departments, shall continue to study and pursue 16 11 the goal of providing for the reorganization of state 16 12 government in order to facilitate the efficient and effective 16 13 delivery of state government services. The reorganization 16 14 study shall concentrate on establishing a new state 16 15 organization that will increase the efficiency of managing the 16 16 major resources of state government, including personnel, 16 17 financial, physical, and information assets, in order to 16 18 provide better service at less cost to all departments of 16 19 state government and the citizens of Iowa. As part of this 16 20 study, the department shall identify and examine areas where 16 21 duplicative services are performed by state government which 16 22 may be more efficiently accomplished by a reorganization and 16 23 redesign of state government. In addition, as part of this 16 24 reorganization study, support services provided to state 16 25 agencies should be reoriented to continuously improve service 16 26 and lower costs through a strong customer focus and 16 27 entrepreneurial management. The department of management 16 28 shall submit a report, including its findings, conclusions, 16 29 and specific recommendations for legislative change, to the 16 30 general assembly by December 2, 2002. 16 31 Sec. 12. ROAD USE TAX APPROPRIATION. There is 16 32 appropriated from the road use tax fund to the department of 16 33 management for the fiscal year beginning July 1, 2002, and 16 34 ending June 30, 2003, the following amount, or so much thereof 16 35 as is necessary, to be used for the purposes designated: 17 1 For salaries, support, maintenance, and miscellaneous 17 2 purposes: 17 3 .................................................. $ 56,000 17 4 Sec. 13. DEPARTMENT OF PERSONNEL. There is appropriated 17 5 from the general fund of the state to the department of 17 6 personnel for the fiscal year beginning July 1, 2002, and 17 7 ending June 30, 2003, the following amounts, or so much 17 8 thereof as is necessary, to be used for the purposes 17 9 designated, including the filing of quarterly reports as 17 10 required in this section: 17 11 1. For salaries, support, maintenance, and miscellaneous 17 12 purposes for the director's staff, research, communications 17 13 and workforce planning services, data processing, financial 17 14 services, customer information and support services, 17 15 employment law and labor relations, training and benefit 17 16 programs, and for not more than the following full-time 17 17 equivalent positions: 17 18 .................................................. $ 3,807,636 17 19 ............................................... FTEs 86.00 17 20 Any funds received by the department for workers' 17 21 compensation purposes shall be used only for the payment of 17 22 workers' compensation claims and administrative costs. 17 23 It is the intent of the general assembly that members of 17 24 the general assembly serving as members of the deferred 17 25 compensation advisory board shall be entitled to receive per 17 26 diem and necessary travel and actual expenses pursuant to 17 27 section 2.10, subsection 5, while carrying out their official 17 28 duties as members of the board. 17 29 2. The department of personnel shall identify all 17 30 positions throughout state government that have job 17 31 responsibilities that are duplicative of the same or similar 17 32 job functions that are performed by similar positions in the 17 33 department of personnel. The positions throughout state 17 34 government that are duplicative of positions in the department 17 35 of personnel will be identified by department, position title, 18 1 and position pay grade. The department of personnel shall 18 2 also determine if the department can perform the functions of 18 3 the duplicated position. The department shall submit a 18 4 report, with findings, conclusions, and supporting data, to 18 5 the oversight committee of the general assembly by September 18 6 1, 2002. 18 7 Sec. 14. READY TO WORK PROGRAM COORDINATOR. There is 18 8 appropriated from the surplus funds in the long-term 18 9 disability reserve fund and the workers' compensation trust 18 10 fund to the department of personnel for the fiscal year 18 11 beginning July 1, 2002, and ending June 30, 2003, the 18 12 following amount, or so much thereof as is necessary, to be 18 13 used for the purposes designated: 18 14 For the salary, support, and miscellaneous expenses for the 18 15 ready to work program and coordinator: 18 16 .................................................. $ 89,416 18 17 The moneys appropriated pursuant to this section shall be 18 18 taken in equal proportions from the long-term disability 18 19 reserve fund and the workers' compensation trust fund. 18 20 Sec. 15. IPERS. There is appropriated from the Iowa 18 21 public employees' retirement system fund to the department of 18 22 personnel for the fiscal year beginning July 1, 2002, and 18 23 ending June 30, 2003, the following amount, or so much thereof 18 24 as is necessary, to be used for the purposes designated: 18 25 1. GENERAL OFFICE 18 26 For salaries, support, maintenance, and other operational 18 27 purposes to pay the costs of the Iowa public employees' 18 28 retirement system division and for not more than the following 18 29 full-time positions: 18 30 .................................................. $ 8,062,203 18 31 ............................................... FTEs 88.04 18 32 2. INVESTMENT PROGRAM STAFFING 18 33 It is the intent of the general assembly that the Iowa 18 34 public employees' retirement system division employ sufficient 18 35 staff within the appropriation provided in this section to 19 1 meet the developing requirements of the investment program. 19 2 Sec. 16. IPERS DEFERRED RETIREMENT OPTION PROGRAM AND 19 3 TERMINATED VESTED MEMBER STUDIES. There is appropriated from 19 4 the Iowa public employees' retirement system fund to the Iowa 19 5 public employees' retirement system division for the fiscal 19 6 year beginning July 1, 2002, and ending June 30, 2003, the 19 7 following amounts, or so much thereof as is necessary, to be 19 8 used for the purposes designated: 19 9 1. If 2002 Iowa Acts, House File 2532, is enacted and 19 10 directs the IPERS division to study the implementation of a 19 11 cost-neutral deferred retirement option plan, for expenses 19 12 related to the study proposal: 19 13 .................................................. $ 95,000 19 14 2. If 2002 Iowa Acts, House File 2532, is enacted and 19 15 directs the IPERS division to study the implementation of a 19 16 new option for terminated vested members, for expenses related 19 17 to the study proposal: 19 18 .................................................. $ 40,000 19 19 Sec. 17. PRIMARY ROAD FUND APPROPRIATION. There is 19 20 appropriated from the primary road fund to the department of 19 21 personnel for the fiscal year beginning July 1, 2002, and 19 22 ending June 30, 2003, the following amount, or so much thereof 19 23 as is necessary, to be used for the purposes designated: 19 24 For salaries, support, maintenance, and miscellaneous 19 25 purposes to provide personnel services for the state 19 26 department of transportation: 19 27 .................................................. $ 423,539 19 28 Sec. 18. ROAD USE TAX FUND APPROPRIATION. There is 19 29 appropriated from the road use tax fund to the department of 19 30 personnel for the fiscal year beginning July 1, 2002, and 19 31 ending June 30, 2003, the following amount, or so much thereof 19 32 as is necessary, to be used for the purposes designated: 19 33 For salaries, support, maintenance, and miscellaneous 19 34 purposes to provide personnel services for the state 19 35 department of transportation: 20 1 .................................................. $ 69,237 20 2 Sec. 19. STATE WORKERS' COMPENSATION CLAIMS. The premiums 20 3 collected by the department of personnel shall be segregated 20 4 into a separate workers' compensation fund in the state 20 5 treasury to be used for payment of state employees' workers' 20 6 compensation claims. Notwithstanding section 8.33, 20 7 unencumbered or unobligated moneys remaining in this workers' 20 8 compensation fund at the end of the fiscal year shall not 20 9 revert but shall be available for expenditure for purposes of 20 10 the fund for subsequent fiscal years. 20 11 Any funds received by the department of personnel for 20 12 workers' compensation purposes other than funds appropriated 20 13 in this section shall be used for the payment of workers' 20 14 compensation claims and administrative costs. 20 15 Sec. 20. DEPARTMENT OF REVENUE AND FINANCE. There is 20 16 appropriated from the general fund of the state to the 20 17 department of revenue and finance for the fiscal year 20 18 beginning July 1, 2002, and ending June 30, 2003, the 20 19 following amounts, or so much thereof as is necessary, to be 20 20 used for the purposes designated, and for not more than the 20 21 following full-time equivalent positions used for the purposes 20 22 designated in subsection 1: 20 23 ............................................... FTEs 443.01 20 24 1. COMPLIANCE INTERNAL RESOURCES MANAGEMENT STATE 20 25 FINANCIAL MANAGEMENT STATEWIDE PROPERTY TAX ADMINISTRATION 20 26 For salaries, support, maintenance, and miscellaneous 20 27 purposes: 20 28 .................................................. $ 25,338,458 20 29 Of the funds appropriated pursuant to this subsection, 20 30 $400,000 shall be used to pay the direct costs of compliance 20 31 related to the collection and distribution of local sales and 20 32 services taxes imposed pursuant to chapters 422B and 422E. 20 33 The director of revenue and finance shall prepare and issue 20 34 a state appraisal manual and the revisions to the state 20 35 appraisal manual as provided in section 421.17, subsection 18, 21 1 without cost to a city or county. 21 2 2. COLLECTION COSTS AND FEES 21 3 For payment of collection costs and fees pursuant to 21 4 section 422.26: 21 5 .................................................. $ 28,800 21 6 Sec. 21. LOTTERY. 21 7 1. APPROPRIATION. There is appropriated from the lottery 21 8 fund to the department of revenue and finance for the fiscal 21 9 year beginning July 1, 2002, and ending June 30, 2003, the 21 10 following amount, or so much thereof as is necessary, to be 21 11 used for the purposes designated: 21 12 For salaries, support, maintenance, miscellaneous purposes 21 13 for the administration and operation of lottery games, and for 21 14 not more than the following full-time equivalent positions: 21 15 .................................................. $ 8,688,714 21 16 ............................................... FTEs 117.00 21 17 2. ACCOUNTABLE GOVERNMENT REPORT. The lottery shall 21 18 submit a report to the cochairpersons and ranking members of 21 19 the joint appropriations subcommittee on administration and 21 20 regulation on or before January 13, 2003, which encompasses 21 21 the reporting requirements provided in Code chapter 8E, 21 22 including development of an agency strategic plan, performance 21 23 measures, performance targets based on performance data, 21 24 performance data, and data sources used to evaluate the agency 21 25 performance, and explanations of the plan's provisions. In 21 26 submitting the report required by this subsection, the lottery 21 27 is not required to disclose any proprietary or otherwise 21 28 confidential information which is considered a confidential 21 29 record pursuant to section 22.7. 21 30 3. VIDEO LOTTERY. It is the intent of the general 21 31 assembly that the lottery should investigate whether the 21 32 deployment of vending machines with video screens would 21 33 enhance the lottery's ability to perform its statutory duties 21 34 and if, in the business judgment of the lottery commissioner 21 35 and the lottery board, it would do so, that the lottery is 22 1 authorized to establish a plan to implement the deployment of 22 2 pull-tab vending machines with video monitors consistent with 22 3 the requirements of this subsection. At a minimum, the 22 4 deployment plan shall include provisions for restricting 22 5 access to these machines by minors, including but not limited 22 6 to requirements relating to the location of these machines. 22 7 Prior to implementing the deployment plan as described in this 22 8 subsection, the lottery shall notify the legislative oversight 22 9 committee and shall submit a report to the committee 22 10 describing the deployment plan, including measures the lottery 22 11 will implement to restrict access to the machines by minors. 22 12 Sec. 22. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 22 13 appropriated from the motor fuel tax fund created by section 22 14 452A.77 to the department of revenue and finance for the 22 15 fiscal year beginning July 1, 2002, and ending June 30, 2003, 22 16 the following amount, or so much thereof as is necessary, to 22 17 be used for the purposes designated: 22 18 For salaries, support, maintenance, and miscellaneous 22 19 purposes for administration and enforcement of the provisions 22 20 of chapter 452A and the motor vehicle use tax program: 22 21 .................................................. $ 1,084,112 22 22 Sec. 23. SECRETARY OF STATE. There is appropriated from 22 23 the general fund of the state to the office of the secretary 22 24 of state for the fiscal year beginning July 1, 2002, and 22 25 ending June 30, 2003, the following amounts, or so much 22 26 thereof as is necessary, to be used for the purposes 22 27 designated: 22 28 1. ADMINISTRATION AND ELECTIONS 22 29 For salaries, support, maintenance, miscellaneous purposes, 22 30 and for not more than the following full-time equivalent 22 31 positions: 22 32 .................................................. $ 696,029 22 33 ............................................... FTEs 10.00 22 34 It is the intent of the general assembly that the state 22 35 department or state agency which provides data processing 23 1 services to support voter registration file maintenance and 23 2 storage shall provide those services without charge. 23 3 2. BUSINESS SERVICES 23 4 For salaries, support, maintenance, miscellaneous purposes, 23 5 and for not more than the following full-time equivalent 23 6 positions: 23 7 .................................................. $ 1,433,235 23 8 ............................................... FTEs 32.00 23 9 Sec. 24. SECRETARY OF STATE FILING FEES REFUND. 23 10 Notwithstanding the obligation to collect fees pursuant to the 23 11 provisions of section 490.122, subsection 1, paragraphs "a" 23 12 and "s", and section 504A.85, subsections 1 and 9, for the 23 13 fiscal year beginning July 1, 2002, and ending June 30, 2003, 23 14 the secretary of state may refund these fees to the filer 23 15 pursuant to rules established by the secretary of state. The 23 16 decision of the secretary of state not to issue a refund under 23 17 rules established by the secretary of state is final and not 23 18 subject to review pursuant to the provisions of the Iowa 23 19 administrative procedure Act. 23 20 Sec. 25. TREASURER. There is appropriated from the 23 21 general fund of the state to the office of treasurer of state 23 22 for the fiscal year beginning July 1, 2002, and ending June 23 23 30, 2003, the following amount, or so much thereof as is 23 24 necessary, to be used for the purposes designated: 23 25 For salaries, support, maintenance, miscellaneous purposes, 23 26 and for not more than the following full-time equivalent 23 27 positions: 23 28 .................................................. $ 803,221 23 29 ............................................... FTEs 25.80 23 30 The office of treasurer of state shall supply clerical and 23 31 secretarial support for the executive council. 23 32 If 2002 Iowa Acts, House File 681, is enacted and provides 23 33 for the pledging of collateral in relation to the deposit of 23 34 uninsured public funds, then the treasurer of state is 23 35 authorized not more than the following additional full-time 24 1 equivalent positions for the purposes provided for in that 24 2 Act: 24 3 ............................................... FTEs 2.00 24 4 The treasurer of state may expend additional funds for the 24 5 purposes as provided in this subsection if those additional 24 6 expenditures are actual expenses as provided in 2002 Iowa 24 7 Acts, House File 681, and the expenses are fully reimbursable. 24 8 Sec. 26. INFORMATION TECHNOLOGY DEPARTMENT. There is 24 9 appropriated from the general fund of the state to the 24 10 information technology department for the fiscal year 24 11 beginning July 1, 2002, and ending June 30, 2003, the 24 12 following amount, or so much thereof as is necessary, to be 24 13 used for the purpose designated: 24 14 For the purpose of providing information technology 24 15 services to state agencies and for the following full-time 24 16 equivalent positions: 24 17 .................................................. $ 3,049,845 24 18 ............................................... FTEs 125.00 24 19 1. The information technology department shall not 24 20 increase any fees or charges to other state agencies for 24 21 services provided to such state agencies by the department, 24 22 unless such increase in fees or charges is first reported to 24 23 the department of management. The department of management 24 24 shall submit a report notifying the legislative fiscal bureau 24 25 regarding any fee increase as the increase occurs. 24 26 2. The department of information technology shall identify 24 27 all positions throughout state government that have job 24 28 responsibilities that are duplicative of the same or similar 24 29 job functions that are performed by similar positions in the 24 30 department of information technology. The positions 24 31 throughout state government that are duplicative of positions 24 32 in the department of information technology will be identified 24 33 by department, position title, and position pay grade. The 24 34 department of information technology shall also determine if 24 35 the department can perform the functions of the duplicated 25 1 position. The department shall submit a report, with 25 2 findings, conclusions, and supporting data, to the oversight 25 3 committee of the general assembly by September 1, 2002. 25 4 3. The information technology department shall submit a 25 5 report to the general assembly by January 13, 2003, providing 25 6 information concerning the funding of the operation of the 25 7 department, to include information concerning the receipt and 25 8 use of fees and other revenues by the department, the method 25 9 of determining fees to be charged, and information comparing 25 10 fees charged by the department with comparable private sector 25 11 rates. 25 12 4. It is the intent of the general assembly that all 25 13 agencies comply with the requirements established in section 25 14 304.13A relating to utilization of the electronic repository 25 15 developed for the purpose of providing public access to agency 25 16 publications. To ensure compliance with the requirements, the 25 17 department of management, the information technology 25 18 department, and the state librarian shall coordinate the 25 19 development of a process to maximize and monitor the extent to 25 20 which the number of printed copies of agency publications is 25 21 reduced, and to realize monetary savings through the 25 22 reduction. The process shall include a policy for 25 23 distribution of written copies of publications to members of 25 24 the general assembly on a request-only basis and weekly 25 25 notification of a new publication posting on the repository by 25 26 the state librarian to the secretary of state, secretary of 25 27 the senate, and chief clerk of the house of representatives, 25 28 who in turn shall notify members of the general assembly of 25 29 publication availability. The process shall also include the 25 30 electronic submission of a report by November 1, annually, to 25 31 the legislative fiscal bureau and legislative fiscal committee 25 32 detailing the number of written copies of agency publications 25 33 produced in the preceding two fiscal years, and indicating the 25 34 extent to which a reduction may be observed. 25 35 Sec. 27. FUNDING FOR IOWACCESS. 26 1 1. Notwithstanding section 321A.3, subsection 1, for the 26 2 fiscal year beginning July 1, 2002, and ending June 30, 2003, 26 3 the first $1,000,000 collected and transferred by the 26 4 department of transportation to the treasurer of state with 26 5 respect to the fees for transactions involving the furnishing 26 6 of a certified abstract of a vehicle operating record under 26 7 section 321A.3, subsection 1, shall be transferred to the 26 8 IowAccess revolving fund created in section 14B.206 and 26 9 administered by the information technology department for the 26 10 purposes of developing, implementing, maintaining, and 26 11 expanding electronic access to government records in 26 12 accordance with the requirements set forth in chapter 14B. 26 13 2. It is the intent of the general assembly that all fees 26 14 collected with respect to transactions involving IowAccess 26 15 shall be deposited in the IowAccess revolving fund created in 26 16 section 14B.206 and shall be used only for the support of 26 17 IowAccess projects. 26 18 Sec. 28. Section 7D.33, subsection 2, Code 2001, is 26 19 amended by adding the following new paragraph: 26 20 NEW PARAGRAPH. e. The method of promoting the suggestion 26 21 program in the broadest possible manner to state employees. 26 22 Sec. 29. Section 7D.33, subsection 3, paragraph a, Code 26 23 2001, is amended to read as follows: 26 24 a. When a suggestion is implemented and results in a 26 25 direct cost reduction within state government, the suggester 26 26 shall be awarded ten percent of the first year's net savings, 26 27 not exceedingtwo thousand five hundredtwenty-five thousand 26 28 dollarsor, and a certificate. A cash award shall not be 26 29 awarded for a suggestion which saves less than one hundred 26 30 dollars during the first year of implementation. The 26 31 department head shall approve all awards and determine the 26 32 amount to be awarded. Appeals of award amounts shall be 26 33 submitted to the director of the department of management 26 34 whose decision is final. 26 35 Sec. 30. Section 476.53, Code Supplement 2001, is amended 27 1 by adding the following new subsection: 27 2 NEW SUBSECTION. 4. The utilities board and the consumer 27 3 advocate may employ additional temporary staff, or may 27 4 contract for professional services with persons who are not 27 5 state employees, as the board and the consumer advocate deem 27 6 necessary to perform required functions as provided in this 27 7 section, including but not limited to, review of power 27 8 purchase contracts, review of emission plans and budgets, and 27 9 review of ratemaking principles proposed for construction or 27 10 lease of a new generating facility. Beginning July 1, 2002, 27 11 there is appropriated out of any funds in the state treasury 27 12 not otherwise appropriated, such sums as may be necessary to 27 13 enable the board and the consumer advocate to hire additional 27 14 staff and contract for services under this section. The costs 27 15 of the additional staff and services shall be assessed to the 27 16 utilities pursuant to the procedure in section 476.10 and 27 17 section 475A.6. 27 18 Sec. 31. Section 505.7, subsection 4, Code 2001, is 27 19 amended by striking the subsection and inserting in lieu 27 20 thereof the following: 27 21 4. Except as otherwise provided in subsection 6, the 27 22 insurance division may expend additional funds if those 27 23 additional expenditures are actual expenses which exceed the 27 24 funds budgeted for statutory duties of the division and 27 25 directly result from the statutory duties of the division. 27 26 The amounts necessary to fund the excess division expenses 27 27 shall be collected from additional fees and other moneys 27 28 collected by the division. The division shall notify in 27 29 writing the legislative fiscal bureau and the department of 27 30 management when hiring additional personnel. The written 27 31 notification shall include documentation that any additional 27 32 expenditure related to such hiring will be totally reimbursed 27 33 to the general fund, and shall also include the division's 27 34 justification for hiring such personnel. The division must 27 35 obtain the approval of the department of management only if 28 1 the number of additional personnel to be hired exceeds the 28 2 number of full-time equivalent positions authorized by the 28 3 general assembly. 28 4 Sec. 32. Section 546.10, subsection 3, Code Supplement 28 5 2001, is amended by adding the following new unnumbered 28 6 paragraph: 28 7 NEW UNNUMBERED PARAGRAPH. Notwithstanding subsection 5, 28 8 eighty-five percent of the funds received annually resulting 28 9 from an increase in licensing fees approved and implemented on 28 10 or after July 1, 2002, by a licensing board or commission 28 11 listed in subsection 1, is appropriated to the professional 28 12 licensing and regulation division to be allocated to the board 28 13 or commission for the fiscal year beginning July 1, 2002, and 28 14 succeeding fiscal years, for purposes related to the duties of 28 15 the board or commission, including but not limited to 28 16 additional full-time equivalent positions. The director of 28 17 revenue and finance shall draw warrants upon the treasurer of 28 18 state from the funds appropriated as provided in this section 28 19 and shall make the funds available to the professional 28 20 licensing division on a monthly basis during each fiscal year. 28 21 Sec. 33. 2001 Iowa Acts, First Extraordinary Session, 28 22 chapter 5, section 1, is repealed. 28 23 DIVISION II 28 24 AGRICULTURE AND NATURAL RESOURCES 28 25 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 28 26 Sec. 34. GENERAL DEPARTMENT APPROPRIATION. There is 28 27 appropriated from the general fund of the state to the 28 28 department of agriculture and land stewardship for the fiscal 28 29 year beginning July 1, 2002, and ending June 30, 2003, the 28 30 following amount, or so much thereof as is necessary, to be 28 31 used for the purposes designated: 28 32 For purposes of supporting the department, including its 28 33 divisions, for administration, regulations, and programs, for 28 34 salaries, support, maintenance, miscellaneous purposes, and 28 35 for not more than the following full-time equivalent 29 1 positions: 29 2 .................................................. $ 16,840,123 29 3 ............................................... FTEs 440.13 29 4 SPECIAL APPROPRIATIONS 29 5 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 29 6 Sec. 35. RIVER AUTHORITIES. There is appropriated from 29 7 the general fund of the state to the department of agriculture 29 8 and land stewardship for the fiscal year beginning July 1, 29 9 2002, and ending June 30, 2003, the following amount, or so 29 10 much thereof as is necessary, to be used for the purposes 29 11 designated: 29 12 For purposes of supporting the department for membership in 29 13 the state interagency Missouri river authority, created in 29 14 2002 Iowa Acts, Senate File 2051, in the Missouri river basin 29 15 association: 29 16 .................................................. $ 10,000 29 17 Sec. 36. FEED GRAIN PROJECT. There is appropriated from 29 18 the general fund of the state to the department of agriculture 29 19 and land stewardship for the fiscal year beginning July 1, 29 20 2002, and ending June 30, 2003, the following amount, or so 29 21 much thereof as is necessary, to be used for the purposes 29 22 designated: 29 23 For purposes of administering a pilot process verification 29 24 program for feed grains. The program shall be administered in 29 25 conjunction with the Iowa corn growers association: 29 26 .................................................. $ 20,000 29 27 SPECIAL APPROPRIATIONS 29 28 ANIMAL HEALTH AND INDUSTRY 29 29 Sec. 37. HORSE AND DOG RACING. There is appropriated from 29 30 the moneys available under section 99D.13 to the 29 31 administrative division of the department of agriculture and 29 32 land stewardship for the fiscal year beginning July 1, 2002, 29 33 and ending June 30, 2003, the following amount, or so much 29 34 thereof as is necessary, to be used for the purposes 29 35 designated: 30 1 For salaries, support, maintenance, and miscellaneous 30 2 purposes for the administration of section 99D.22: 30 3 .................................................. $ 293,441 30 4 Sec. 38. REGULATORY DIVISION DAIRY PRODUCTS CONTROL 30 5 BUREAU. 30 6 1. There is appropriated from the general fund of the 30 7 state to the department of agriculture and land stewardship 30 8 for the fiscal year beginning July 1, 2002, and ending June 30 9 30, 2003, the following amount, or so much thereof as is 30 10 necessary, to be used for the purposes designated: 30 11 For purposes of supporting the operations of the dairy 30 12 products control bureau within the department's regulatory 30 13 division, including salaries, support, maintenance, and 30 14 miscellaneous purposes: 30 15 .................................................. $ 626,646 30 16 2. If House File 2524 is enacted by the Seventy-ninth 30 17 General Assembly, 2002 Session, the amount appropriated in 30 18 subsection 1 shall be increased by $38,000. The increased 30 19 amount shall be used to fill a vacant position in the dairy 30 20 products control bureau. 30 21 DEPARTMENT OF NATURAL RESOURCES 30 22 GENERAL APPROPRIATIONS 30 23 Sec. 39. GENERAL DEPARTMENT APPROPRIATION. 30 24 1. There is appropriated from the general fund of the 30 25 state to the department of natural resources for the fiscal 30 26 year beginning July 1, 2002, and ending June 30, 2003, the 30 27 following amount, or so much thereof as is necessary, to be 30 28 used for the purposes designated: 30 29 For purposes of supporting the department, including its 30 30 divisions, for administration, regulations, and programs, for 30 31 salaries, support, maintenance, miscellaneous purposes, and 30 32 for not more than the following full-time equivalent 30 33 positions: 30 34 .................................................. $ 15,905,231 30 35 ............................................... FTEs 1,063.12 31 1 2. The air quality bureau may expend up to five thousand 31 2 dollars for purposes of supporting public education programs 31 3 for controlled burning of demolition sites and the proper 31 4 disposal of waste materials from demolition sites. 31 5 3. If Senate File 2293 or House File 2468 is enacted by 31 6 the Seventy-ninth General Assembly, 2002 Session, the number 31 7 of full-time equivalent positions allocated under this section 31 8 shall be increased by 12.00 full-time equivalent positions. 31 9 4. Of the amount appropriated in this subsection, 31 10 $6,083,599 shall be used for the parks and preserves division 31 11 for salaries, support, maintenance, and miscellaneous 31 12 purposes. 31 13 Sec. 40. STATE FISH AND GAME PROTECTION FUND 31 14 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 31 15 1. a. There is appropriated from the state fish and game 31 16 protection fund to the division of fish and wildlife of the 31 17 department of natural resources for the fiscal year beginning 31 18 July 1, 2002, and ending June 30, 2003, the following amount, 31 19 or so much thereof as is necessary, to be used for the 31 20 purposes designated: 31 21 For administrative support, and for salaries, support, 31 22 maintenance, equipment, and miscellaneous purposes: 31 23 .................................................. $ 28,044,786 31 24 b. The department may use moneys appropriated in paragraph 31 25 "a", as is necessary to provide compensation to conservation 31 26 peace officers employed in a protection occupation who retire, 31 27 pursuant to section 97B.49B. 31 28 2. The department shall not expend more moneys from the 31 29 fish and game protection fund than provided in this section, 31 30 unless the expenditure derives from contributions made by a 31 31 private entity, or a grant or moneys received from the federal 31 32 government, and is approved by the natural resource 31 33 commission. The department of natural resources shall 31 34 promptly notify the legislative fiscal bureau and the 31 35 chairpersons and ranking members of the joint appropriations 32 1 subcommittee on agriculture and natural resources concerning 32 2 the commission's approval. 32 3 RELATED TRANSFERS AND APPROPRIATIONS 32 4 DEPARTMENT OF NATURAL RESOURCES 32 5 Sec. 41. SNOWMOBILE FEES TRANSFER FOR ENFORCEMENT 32 6 PURPOSES. There is transferred on July 1, 2002, from the fees 32 7 deposited under section 321G.7 to the fish and game protection 32 8 fund and appropriated to the department of natural resources 32 9 for the fiscal year beginning July 1, 2002, and ending June 32 10 30, 2003, the following amount, or so much thereof as is 32 11 necessary, to be used for the purpose designated: 32 12 For enforcing snowmobile laws as part of the state 32 13 snowmobile program administered by the department of natural 32 14 resources: 32 15 .................................................. $ 100,000 32 16 Sec. 42. VESSEL FEES TRANSFER FOR ENFORCEMENT PURPOSES. 32 17 There is transferred on July 1, 2002, from the fees deposited 32 18 under section 462A.52 to the fish and game protection fund and 32 19 appropriated to the natural resource commission for the fiscal 32 20 year beginning July 1, 2002, and ending June 30, 2003, the 32 21 following amount, or so much thereof as is necessary, to be 32 22 used for the purpose designated: 32 23 For the administration and enforcement of navigation laws 32 24 and water safety: 32 25 .................................................. $ 1,400,000 32 26 Notwithstanding section 8.33, moneys transferred and 32 27 appropriated in this section that remain unencumbered or 32 28 unobligated at the close of the fiscal year shall not revert 32 29 to the credit of the fish and game protection fund but shall 32 30 be credited to the special conservation fund established by 32 31 section 462A.52 to be used as provided in that section. 32 32 SPECIAL APPROPRIATIONS 32 33 DEPARTMENT OF NATURAL RESOURCES 32 34 Sec. 43. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 32 35 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 33 1 from the unassigned revenue fund administered by the Iowa 33 2 comprehensive underground storage tank fund board, to the 33 3 department of natural resources for the fiscal year beginning 33 4 July 1, 2002, and ending June 30, 2003, the following amount, 33 5 or so much thereof as is necessary, to be used for the purpose 33 6 designated: 33 7 For administration expenses of the underground storage tank 33 8 section of the department of natural resources: 33 9 .................................................. $ 75,000 33 10 Sec. 44. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any 33 11 contrary provision of state law, for the fiscal year beginning 33 12 July 1, 2002, and ending June 30, 2003, the department of 33 13 natural resources may use additional funds available to the 33 14 department from stormwater discharge permit fees for the 33 15 staffing of the following additional full-time staff members 33 16 to reduce the department's floodplain permit backlog: 33 17 ............................................... FTEs 2.00 33 18 Sec. 45. IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY 33 19 LOAD PROGRAM. Notwithstanding any contrary provision of state 33 20 law, for the fiscal year beginning July 1, 2002, and ending 33 21 June 30, 2003, the department of natural resources may use 33 22 additional funds available to the department from stormwater 33 23 discharge permit fees for the staffing of the following 33 24 additional full-time equivalent positions for implementation 33 25 of the federal total maximum daily load program: 33 26 ............................................... FTEs 2.00 33 27 DIVISION III 33 28 ECONOMIC DEVELOPMENT 33 29 Sec. 46. GOALS AND ACCOUNTABILITY. 33 30 1. The goals for the department of economic development 33 31 shall be to expand and stimulate the state economy, increase 33 32 the wealth of Iowans, and increase the population of the 33 33 state. 33 34 2. To achieve the goals in subsection 1, the department of 33 35 economic development shall do all of the following: 34 1 a. Concentrate its efforts on programs and activities that 34 2 result in commercially viable products and services. 34 3 b. Adopt practices and services consistent with free 34 4 market, private sector philosophies. 34 5 c. Ensure economic growth and development throughout the 34 6 state. 34 7 3. The department of economic development shall 34 8 demonstrate accountability by using performance measures 34 9 appropriate to show the attainment of the goals in subsection 34 10 1 for the state and by measuring the effectiveness and results 34 11 of the department's programs and activities. The performance 34 12 measures and associated benchmarks shall be developed or 34 13 identified in cooperation with the legislative fiscal bureau 34 14 and approved by the joint appropriations subcommittee on 34 15 economic development. The data demonstrating accountability 34 16 collected by the department shall be made readily available 34 17 and maintained in computer-readable format. 34 18 Sec. 47. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 34 19 appropriated from the general fund of the state to the 34 20 department of economic development for the fiscal year 34 21 beginning July 1, 2002, and ending June 30, 2003, the 34 22 following amounts, or so much thereof as is necessary, to be 34 23 used for the purposes designated: 34 24 1. ADMINISTRATIVE SERVICES DIVISION 34 25 a. General administration 34 26 For salaries, support, maintenance, miscellaneous purposes, 34 27 programs, for the transfer to the Iowa state commission grant 34 28 program, and for not more than the following full-time 34 29 equivalent positions: 34 30 .................................................. $ 1,509,134 34 31 ............................................... FTEs 28.75 34 32 b. The department shall work with businesses and 34 33 communities to continually improve the economic development 34 34 climate along with the economic well-being and quality of life 34 35 for Iowans. The administrative services division shall 35 1 coordinate with other state agencies ensuring that all state 35 2 departments are attentive to the needs of an entrepreneurial 35 3 culture. 35 4 2. BUSINESS DEVELOPMENT DIVISION 35 5 a. Business development operations 35 6 For business development operations and programs, 35 7 international trade, export assistance, workforce recruitment, 35 8 the partner state program, for transfer to the strategic 35 9 investment fund, for transfer to the value-added agricultural 35 10 products and processes financial assistance fund, salaries, 35 11 support, maintenance, miscellaneous purposes, and for not more 35 12 than the following full-time equivalent positions: 35 13 ................................................. $ 11,311,286 35 14 .............................................. FTEs 60.00 35 15 b. The department shall establish a strong and aggressive 35 16 marketing image to showcase Iowa's workforce, existing 35 17 industry, and potential. A priority shall be placed on 35 18 recruiting new businesses, business expansion, and retaining 35 19 existing Iowa businesses. Emphasis shall also be placed on 35 20 entrepreneurial development through helping to secure capital 35 21 for entrepreneurs, and developing networks and a business 35 22 climate conducive to entrepreneurs and small business. 35 23 c. Notwithstanding section 8.33, moneys appropriated in 35 24 this subsection that remain unencumbered or unobligated at the 35 25 close of the fiscal year shall not revert but shall remain 35 26 available for expenditure for the purposes designated until 35 27 the close of the succeeding fiscal year. 35 28 d. The department shall create a position to cooperate and 35 29 coordinate with the economic development activities at the 35 30 institutions of higher learning under the control of the state 35 31 board of regents. The individual shall serve as a facilitator 35 32 between the institutions and businesses or prospective 35 33 businesses; promote linkages among businesses, investors, and 35 34 economic development programs; and assist in securing funding 35 35 for businesses. The individual shall inventory, monitor, and 36 1 evaluate the research, proposed projects, inventions, and 36 2 other results of research at the institutions that are in the 36 3 state's economic interest to promote and protect. The 36 4 individual shall identify projects and ideas that the state 36 5 should claim a proprietary interest in, including referrals 36 6 for patents, licensing, and referrals to the department for 36 7 further development. An emphasis shall be placed on 36 8 developing Iowa-based businesses and locating businesses 36 9 within the state. The individual shall prepare an annual 36 10 report that analyzes and evaluates the ideas, research, and 36 11 projects reviewed and facilitated during the fiscal year. The 36 12 report shall include quantitative information concerning jobs 36 13 created and retained, business start-up activities, retention 36 14 of new businesses, and royalties, licenses, and fees generated 36 15 by these businesses and activities. 36 16 3. COMMUNITY AND RURAL DEVELOPMENT DIVISION 36 17 a. Community development programs 36 18 For salaries, support, maintenance, miscellaneous purposes, 36 19 community economic development programs, tourism operations, 36 20 community assistance, the film office, the mainstreet and 36 21 rural mainstreet programs, the school-to-career program, the 36 22 community development block grant, and housing and shelter- 36 23 related programs and for not more than the following full-time 36 24 equivalent positions: 36 25 .................................................. $ 5,091,404 36 26 ............................................... FTEs 65.00 36 27 b. The department shall encourage development of 36 28 communities and quality of life to foster economic growth. 36 29 The department shall prepare communities for future growth and 36 30 development through development, expansion, and modernization 36 31 of infrastructure. 36 32 c. The department shall develop public-private 36 33 partnerships with Iowa businesses in the tourism industry, 36 34 Iowa tour groups, Iowa tourism organizations, and political 36 35 subdivisions in this state to assist in the development of 37 1 advertising efforts. The department shall, to the fullest 37 2 extent possible, develop cooperative efforts for advertising 37 3 with contributions from other sources. 37 4 d. Notwithstanding section 8.33, moneys that remain 37 5 unexpended at the end of the fiscal year shall not revert to 37 6 any fund but shall remain available for expenditure for the 37 7 designated purposes during the succeeding fiscal year. 37 8 4. For a study conducted by a person, as defined in 37 9 section 4.1, contracting with the department to inventory 37 10 economic development programs on a statewide basis: 37 11 .................................................. $ 30,000 37 12 5. For allocating moneys for the world food prize: 37 13 .................................................. $ 285,000 37 14 Sec. 48. VISION IOWA PROGRAM FTE AUTHORIZATION. For 37 15 purposes of administrative duties associated with the vision 37 16 Iowa program, the department of economic development is 37 17 authorized an additional 3.00 full-time equivalent positions 37 18 above those otherwise authorized in this division of this Act. 37 19 Sec. 49. RURAL COMMUNITY 2000 PROGRAM. There is 37 20 appropriated from loan repayments on loans under the former 37 21 rural community 2000 program, sections 15.281 through 15.288, 37 22 Code 2001, to the department of economic development for the 37 23 fiscal year beginning July 1, 2002, and ending June 30, 2003, 37 24 the following amounts, or so much thereof as is necessary, to 37 25 be used for the purposes designated: 37 26 1. For providing financial assistance to Iowa's councils 37 27 of governments that provide technical and planning assistance 37 28 to local governments: 37 29 .................................................. $ 150,000 37 30 2. For the rural development program for the purposes of 37 31 the program including the rural enterprise fund and 37 32 collaborative skills development training: 37 33 .................................................. $ 370,000 37 34 Sec. 50. INSURANCE ECONOMIC DEVELOPMENT. There is 37 35 appropriated from moneys collected by the division of 38 1 insurance in excess of the anticipated gross revenues under 38 2 section 505.7, subsection 3, to the department of economic 38 3 development for the fiscal year beginning July 1, 2002, and 38 4 ending June 30, 2003, the following amount, or so much thereof 38 5 as is necessary, for insurance economic development and 38 6 international insurance economic development: 38 7 .................................................. $ 100,000 38 8 Sec. 51. TOURISM OPERATIONS. There is appropriated from 38 9 the community attraction and tourism fund created in section 38 10 15F.204 to the department of economic development for the 38 11 fiscal year beginning July 1, 2002, and ending June 30, 2003, 38 12 the following amount, or so much thereof as is necessary, to 38 13 be used for the purposes designated: 38 14 For tourism operations, including salaries, support, 38 15 maintenance, and miscellaneous purposes: 38 16 .................................................. $ 1,200,000 38 17 Sec. 52. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 38 18 section 15E.120, subsections 5 and 6, there is appropriated 38 19 from the Iowa community development loan fund all the moneys 38 20 available during the fiscal year beginning July 1, 2002, and 38 21 ending June 30, 2003, to the department of economic 38 22 development for the community development program to be used 38 23 by the department for the purposes of the program. 38 24 Sec. 53. WORKFORCE DEVELOPMENT FUND. There is 38 25 appropriated from the workforce development fund account 38 26 created in section 15.342A, to the workforce development fund 38 27 created in section 15.343, for the fiscal year beginning July 38 28 1, 2002, and ending June 30, 2003, the following amount, for 38 29 the purposes of the workforce development fund, and for not 38 30 more than the following full-time equivalent positions: 38 31 .................................................. $ 4,000,000 38 32 ............................................... FTEs 4.00 38 33 Sec. 54. WORKFORCE DEVELOPMENT ADMINISTRATION. From funds 38 34 appropriated or transferred to or receipts credited to the 38 35 workforce development fund created in section 15.343, up to 39 1 $400,000 for the fiscal year beginning July 1, 2002, and 39 2 ending June 30, 2003, may be used for the administration of 39 3 workforce development activities including salaries, support, 39 4 maintenance, and miscellaneous purposes and for not more than 39 5 4.00 full-time equivalent positions. 39 6 Sec. 55. JOB TRAINING FUND. Notwithstanding section 39 7 15.251, all remaining moneys in the job training fund on July 39 8 1, 2002, and any moneys appropriated or credited to the fund 39 9 during the fiscal year beginning July 1, 2002, shall be 39 10 transferred to the workforce development fund established 39 11 pursuant to section 15.343. 39 12 Sec. 56. IOWA STATE UNIVERSITY. 39 13 1. There is appropriated from the general fund of the 39 14 state to the Iowa state university of science and technology 39 15 for the fiscal year beginning July 1, 2002, and ending June 39 16 30, 2003, the following amount, or so much thereof as is 39 17 necessary, to be used for small business development centers, 39 18 the science and technology research park, the institute for 39 19 physical research, and for not more than the following full- 39 20 time equivalent positions: 39 21 .................................................. $ 4,734,063 39 22 ............................................... FTEs 56.53 39 23 2. Iowa state university of science and technology shall 39 24 do all of the following: 39 25 a. Direct expenditures for research toward projects that 39 26 will provide economic stimulus for Iowa. 39 27 b. Emphasize that a business and an individual that 39 28 creates a business and receives benefits from a program 39 29 funded, in part, through moneys appropriated in this section 39 30 have a commercially viable product or service. 39 31 c. Provide emphasis to providing services to Iowa-based 39 32 companies. 39 33 3. It is the intent of the general assembly that the 39 34 industrial incentive program focus on Iowa industrial sectors 39 35 and seek contributions and in-kind donations from businesses, 40 1 industrial foundations, and trade associations and that moneys 40 2 for the institute for physical research and technology 40 3 industrial incentive program shall only be allocated for 40 4 projects which are matched by private sector moneys for 40 5 directed contract research or for nondirected research. The 40 6 match required of small businesses as defined in section 40 7 15.102, subsection 4, for directed contract research or for 40 8 nondirected research shall be $1 for each $3 of state funds. 40 9 The match required for other businesses for directed contract 40 10 research or for nondirected research shall be $1 for each $1 40 11 of state funds. The match required of industrial foundations 40 12 or trade associations shall be $1 for each $1 of state funds. 40 13 Iowa state university of science and technology shall 40 14 report annually to the joint appropriations subcommittee on 40 15 economic development and the legislative fiscal bureau the 40 16 total amount of private contributions, the proportion of 40 17 contributions from small businesses and other businesses, and 40 18 the proportion for directed contract research and nondirected 40 19 research of benefit to Iowa businesses and industrial sectors. 40 20 Notwithstanding section 8.33, moneys appropriated in this 40 21 section that remain unencumbered or unobligated at the close 40 22 of the fiscal year shall not revert but shall remain available 40 23 for expenditure for the purposes designated until the close of 40 24 the succeeding fiscal year. 40 25 Sec. 57. UNIVERSITY OF IOWA. 40 26 1. There is appropriated from the general fund of the 40 27 state to the state university of Iowa for the fiscal year 40 28 beginning July 1, 2002, and ending June 30, 2003, the 40 29 following amount, or so much thereof as is necessary, to be 40 30 used for the university of Iowa research park and for the 40 31 advanced drug development program at the Oakdale research 40 32 park, including salaries, support, maintenance, equipment, 40 33 miscellaneous purposes, and for not more than the following 40 34 full-time equivalent positions: 40 35 .................................................. $ 485,463 41 1 ............................................... FTEs 6.00 41 2 2. The university of Iowa shall do all of the following: 41 3 a. Direct expenditures for research toward projects that 41 4 will provide economic stimulus for Iowa. 41 5 b. Emphasize that a business and an individual that 41 6 creates a business and receives benefits from a program 41 7 funded, in part, through moneys appropriated in this section 41 8 have a commercially viable product or service. 41 9 c. Provide emphasis to providing services to Iowa-based 41 10 companies. 41 11 3. The board of regents shall submit a report on the 41 12 progress of regents institutions in meeting the strategic plan 41 13 for technology transfer and economic development to the 41 14 secretary of the senate, the chief clerk of the house of 41 15 representatives, and the legislative fiscal bureau by January 41 16 15, 2003. 41 17 4. Notwithstanding section 8.33, moneys appropriated in 41 18 this section that remain unencumbered or unobligated at the 41 19 close of the fiscal year shall not revert but shall remain 41 20 available for expenditure for the purposes designated until 41 21 the close of the succeeding fiscal year. 41 22 Sec. 58. UNIVERSITY OF NORTHERN IOWA. 41 23 1. There is appropriated from the general fund of the 41 24 state to the university of northern Iowa for the fiscal year 41 25 beginning July 1, 2002, and ending June 30, 2003, the 41 26 following amount, or so much thereof as is necessary, to be 41 27 used for the metal casting institute, and for the institute of 41 28 decision making, including salaries, support, maintenance, 41 29 miscellaneous purposes, and for not more than the following 41 30 full-time equivalent positions: 41 31 .................................................. $ 702,889 41 32 ............................................... FTEs 11.15 41 33 2. The university of northern Iowa shall do all of the 41 34 following: 41 35 a. Direct expenditures for research toward projects that 42 1 will provide economic stimulus for Iowa. 42 2 b. Emphasize that a business and an individual that 42 3 creates a business and receives benefits from a program 42 4 funded, in part, through moneys appropriated in this section 42 5 have a commercially viable product or service. 42 6 c. Provide emphasis to providing services to Iowa-based 42 7 companies. 42 8 3. Notwithstanding section 8.33, moneys appropriated in 42 9 this section that remain unencumbered or unobligated at the 42 10 close of the fiscal year shall not revert but shall remain 42 11 available for expenditure for the purposes designated until 42 12 the close of the succeeding fiscal year. 42 13 Sec. 59. DEPARTMENT OF WORKFORCE DEVELOPMENT. 42 14 1. There is appropriated from the general fund of the 42 15 state, to the department of workforce development for the 42 16 fiscal year beginning July 1, 2002, and ending June 30, 2003, 42 17 the following amount, or so much thereof as is necessary, for 42 18 the division of labor services, the division of workers' 42 19 compensation, the workforce development state and regional 42 20 boards, the new employment opportunity fund, salaries, 42 21 support, maintenance, miscellaneous purposes, and for not more 42 22 than the following full-time equivalent positions: 42 23 .................................................. $ 4,988,053 42 24 ............................................... FTEs 113.30 42 25 2. From the contractor registration fees, the division of 42 26 labor services shall reimburse the department of inspections 42 27 and appeals for all costs associated with hearings under 42 28 chapter 91C, relating to contractor registration. 42 29 3. The division of workers' compensation shall continue 42 30 charging a $65 filing fee for workers' compensation cases. 42 31 The filing fee shall be paid by the petitioner of a claim. 42 32 However, the fee can be taxed as a cost and paid by the losing 42 33 party, except in cases where it would impose an undue hardship 42 34 or be unjust under the circumstances. 42 35 4. Notwithstanding section 8.33, moneys appropriated in 43 1 this section that remain unencumbered or unobligated at the 43 2 close of the fiscal year shall not revert but shall remain 43 3 available for expenditure for the purposes designated until 43 4 the close of the succeeding fiscal year. 43 5 Sec. 60. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 43 6 Notwithstanding section 96.7, subsection 12, paragraph "c", 43 7 there is appropriated from the administrative contribution 43 8 surcharge fund of the state to the department of workforce 43 9 development for the fiscal year beginning July 1, 2002, and 43 10 ending June 30, 2003, any moneys remaining in the 43 11 administrative contribution surcharge fund on June 30, 2002, 43 12 and the entire amount collected during the fiscal year 43 13 beginning July 1, 2002, and ending June 30, 2003, or so much 43 14 thereof as is necessary, for salaries, support, maintenance, 43 15 conducting labor market surveys, miscellaneous purposes, and 43 16 for workforce development regional advisory board member 43 17 expenses. 43 18 Sec. 61. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 43 19 appropriated from the special employment security contingency 43 20 fund to the department of workforce development for the fiscal 43 21 year beginning July 1, 2002, and ending June 30, 2003, the 43 22 following amounts, or so much thereof as is necessary, for the 43 23 purposes designated: 43 24 1. DIVISION OF WORKERS' COMPENSATION 43 25 For salaries, support, maintenance, and miscellaneous 43 26 purposes: 43 27 .................................................. $ 471,000 43 28 2. IMMIGRATION SERVICE CENTERS 43 29 For salaries, support, maintenance, and miscellaneous 43 30 purposes for the pilot immigration service centers: 43 31 .................................................. $ 160,000 43 32 The department of workforce development shall maintain 43 33 pilot immigration service centers that offer one-stop services 43 34 to deal with the multiple issues related to immigration and 43 35 employment. The pilot centers shall be designed to support 44 1 workers, businesses, and communities with information, 44 2 referrals, job placement assistance, translation, language 44 3 training, resettlement, as well as technical and legal 44 4 assistance on such issues as forms and documentation. Through 44 5 the coordination of local, state, and federal service 44 6 providers, and through the development of partnerships with 44 7 public, private, and nonprofit entities with established 44 8 records of international service, these pilot centers shall 44 9 seek to provide a seamless service delivery system for new 44 10 Iowans. 44 11 3. LABOR MARKET INFORMATION 44 12 For salaries, support, maintenance, miscellaneous purposes 44 13 for collection of labor market information, and for not more 44 14 than the following full-time equivalent position: 44 15 .................................................. $ 67,078 44 16 ............................................... FTEs 1.00 44 17 Any additional penalty and interest revenue may be used to 44 18 accomplish the mission of the department upon notification of 44 19 the use to the chairpersons and ranking members of the joint 44 20 appropriations subcommittee on economic development, the 44 21 department of management, and the legislative fiscal bureau. 44 22 However, the department shall not allocate any additional 44 23 penalty and interest revenue prior to January 30, 2003. 44 24 Sec. 62. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 44 25 appropriated from the general fund of the state to the public 44 26 employment relations board for the fiscal year beginning July 44 27 1, 2002, and ending June 30, 2003, the following amount, or so 44 28 much thereof as is necessary, for the purposes designated: 44 29 For salaries, support, maintenance, miscellaneous purposes, 44 30 and for not more than the following full-time equivalent 44 31 positions: 44 32 .................................................. $ 834,210 44 33 ............................................... FTEs 12.00 44 34 Sec. 63. Section 15E.112, subsection 5, Code 2001, is 44 35 amended by striking the subsection. 45 1 Sec. 64. Section 159A.7, subsection 6, Code 2001, is 45 2 amended by striking the subsection. 45 3 Sec. 65. 2000 Iowa Acts, chapter 1230, section 11, 45 4 unnumbered paragraph 3, as amended by 2001 Iowa Acts, chapter 45 5 188, section 19, is amended to read as follows: 45 6 In addition to moneys appropriated by this section, 45 7 notwithstanding section 96.7, subsection 12, paragraph "c", 45 8 for the fiscal year beginning July 1, 2000, there is 45 9 appropriated from the administrative contribution surcharge 45 10 fund of the state to the department of workforce development 45 11 $700,000, or so much thereof as is necessary, for matching 45 12 funds for welfare-to-work grants authorized through the United 45 13 States department of labor. Notwithstanding section 8.33, 45 14 moneys appropriated in this unnumbered paragraph that remain 45 15 unencumbered or unobligated on June 30, 2001, shall not revert 45 16 but shall remain available for expenditure for the purposes 45 17 designated for the fiscalyearyears beginning July 1, 2001, 45 18 and July 1, 2002. 45 19 Sec. 66. VALUE-ADDED AGRICULTURAL PRODUCTS AND PROCESSES 45 20 FINANCIAL ASSISTANCE FUND MONEYS. The office of renewable 45 21 fuels and coproducts may apply to the department of economic 45 22 development for moneys in value-added agricultural products 45 23 and processes financial assistance fund for deposit in the 45 24 renewable fuels and coproducts fund created in section 159A.7. 45 25 Sec. 67. IOWA FINANCE AUTHORITY AUDIT. The auditor of 45 26 state is requested to review the audit of the Iowa finance 45 27 authority performed by the auditor hired by the authority. 45 28 The auditor of state is also requested to conduct a 45 29 performance audit of the authority to determine the 45 30 effectiveness of the authority and the programs of the 45 31 authority. 45 32 Sec. 68. APPLICATION FOR DEPARTMENT OF ECONOMIC 45 33 DEVELOPMENT MONEYS. For the fiscal year beginning July 1, 45 34 2002, any entity that was specifically identified in 2001 Iowa 45 35 Acts, chapter 188, to receive funding from the department of 46 1 economic development, excluding any entity identified to 46 2 receive a direct appropriation beginning July 1, 2002, may 46 3 apply to the department for assistance through the appropriate 46 4 program. The department shall provide application criteria 46 5 necessary to implement this section. 46 6 Sec. 69. EXPENDITURE AND ALLOCATION REPORTS. The 46 7 department of economic development, the department of 46 8 workforce development, and the regents institutions receiving 46 9 an appropriation pursuant to this division of this Act shall 46 10 file a written report on a quarterly basis with the 46 11 chairpersons and ranking members of the joint appropriations 46 12 subcommittee on economic development and the legislative 46 13 fiscal bureau regarding all expenditures of moneys 46 14 appropriated pursuant to this division of this Act during the 46 15 quarter, allocations of moneys appropriated pursuant to this 46 16 division of this Act during the quarter, and full-time 46 17 equivalent positions allocated during the quarter. 46 18 Sec. 70. EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT FORM. 46 19 Notwithstanding Iowa administrative code 871, chapter 22, an 46 20 entity filing the employer's contribution and payroll report 46 21 form and any other unemployment insurance forms on behalf of 46 22 multiple accounts shall be allowed to submit one check for 46 23 these accounts. A listing of applicable account numbers shall 46 24 be submitted with the payment. 46 25 Sec. 71. SHELTER ASSISTANCE FUND. In providing moneys 46 26 from the shelter assistance fund to homeless shelter programs 46 27 in the fiscal year beginning July 1, 2002, and ending June 30, 46 28 2003, the department of economic development shall explore the 46 29 potential of allocating moneys to homeless shelter programs 46 30 based in part on their ability to move their clients toward 46 31 self-sufficiency. 46 32 Sec. 72. ISCC REPORT. By December 31, 2002, the 46 33 department of economic development shall submit a written 46 34 report to the chairpersons and the ranking members of the 46 35 joint appropriations subcommittee on economic development and 47 1 the legislative fiscal bureau. The report shall identify any 47 2 moneys received from the ISCC liquidation corporation. 47 3 Sec. 73. FEDERAL GRANTS. All federal grants to and the 47 4 federal receipts of agencies appropriated funds under this 47 5 division of this Act, not otherwise appropriated, are 47 6 appropriated for the purposes set forth in the federal grants 47 7 or receipts unless otherwise provided by the general assembly. 47 8 Sec. 74. UNEMPLOYMENT COMPENSATION PROGRAM. 47 9 Notwithstanding section 96.9, subsection 4, paragraph "a", 47 10 moneys credited to the state by the secretary of the treasury 47 11 of the United States pursuant to section 903 of the Social 47 12 Security Act shall be appropriated to the department of 47 13 workforce development and shall be used by the department for 47 14 the administration of the unemployment compensation program 47 15 only. This appropriation shall not apply to any fiscal year 47 16 after December 31, 2002. 47 17 Sec. 75. PAYROLL EXPENDITURE REFUNDS. In lieu of the 47 18 appropriation made in section 15.365, subsection 3, there is 47 19 appropriated for the fiscal year beginning July 1, 2002, and 47 20 ending June 30, 2003, $28,498, or so much thereof as is 47 21 necessary, from the general fund of the state to the 47 22 department of economic development to pay refunds as provided 47 23 under section 15.365. 47 24 DIVISION IV 47 25 EDUCATION 47 26 COLLEGE STUDENT AID COMMISSION 47 27 Sec. 76. There is appropriated from the general fund of 47 28 the state to the college student aid commission for the fiscal 47 29 year beginning July 1, 2002, and ending June 30, 2003, the 47 30 following amounts, or so much thereof as may be necessary, to 47 31 be used for the purposes designated: 47 32 1. GENERAL ADMINISTRATION 47 33 For salaries, support, maintenance, miscellaneous purposes, 47 34 and for not more than the following full-time equivalent 47 35 positions: 48 1 .................................................. $ 293,138 48 2 ............................................... FTEs 5.20 48 3 2. STUDENT AID PROGRAMS 48 4 For payments to students for the Iowa grant program: 48 5 .................................................. $ 1,029,884 48 6 3. DES MOINES UNIVERSITY OSTEOPATHIC MEDICAL CENTER 48 7 a. For forgivable loans to Iowa students attending the Des 48 8 Moines university osteopathic medical center under the 48 9 forgivable loan program pursuant to section 261.19: 48 10 .................................................. $ 95,700 48 11 b. For the Des Moines university osteopathic medical 48 12 center for an initiative in primary health care to direct 48 13 primary care physicians to shortage areas in the state: 48 14 .................................................. $ 355,334 48 15 4. ACCELERATED CAREER EDUCATION GRANT PROGRAM 48 16 For the accelerated career education grant program 48 17 established in section 261.22: 48 18 .................................................. $ 224,895 48 19 5. CHIROPRACTIC GRADUATE STUDENT FORGIVABLE LOAN PROGRAM 48 20 For purposes of providing forgivable loans under the 48 21 program established in section 261.71: 48 22 .................................................. $ 89,958 48 23 6. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 48 24 For purposes of providing national guard educational 48 25 assistance under the program established in section 261.86: 48 26 .................................................. $ 1,175,000 48 27 7. TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM 48 28 For the teacher shortage forgivable loan program 48 29 established in section 261.111: 48 30 .................................................. $ 472,279 48 31 Sec. 77. WORK-STUDY APPROPRIATION NULLIFICATION FOR FY 48 32 2002-2003. Notwithstanding section 261.85, for the fiscal 48 33 year beginning July 1, 2002, and ending June 30, 2003, the 48 34 amount appropriated for the work-study program under section 48 35 261.85 shall be zero. 49 1 DEPARTMENT OF CULTURAL AFFAIRS 49 2 Sec. 78. There is appropriated from the general fund of 49 3 the state to the department of cultural affairs for the fiscal 49 4 year beginning July 1, 2002, and ending June 30, 2003, the 49 5 following amounts, or so much thereof as is necessary, to be 49 6 used for the purposes designated: 49 7 1. ADMINISTRATION 49 8 For salaries, support, maintenance, miscellaneous purposes, 49 9 and for not more than the following full-time equivalent 49 10 positions: 49 11 .................................................. $ 231,707 49 12 ............................................... FTEs 4.30 49 13 The department of cultural affairs shall coordinate 49 14 activities with the tourism division of the department of 49 15 economic development to promote attendance at the state 49 16 historical building and at this state's historic sites. 49 17 2. COMMUNITY CULTURAL GRANTS 49 18 For planning and programming for the community cultural 49 19 grants program established under section 303.3, and for not 49 20 more than the following full-time equivalent position: 49 21 .................................................. $ 598,450 49 22 ............................................... FTEs 0.70 49 23 3. HISTORICAL DIVISION 49 24 For salaries, support, maintenance, miscellaneous purposes, 49 25 and for not more than the following full-time equivalent 49 26 positions: 49 27 .................................................. $ 3,025,891 49 28 ............................................... FTEs 66.70 49 29 4. HISTORIC SITES 49 30 For salaries, support, maintenance, miscellaneous purposes, 49 31 and for not more than the following full-time equivalent 49 32 positions: 49 33 .................................................. $ 536,146 49 34 ............................................... FTEs 8.00 49 35 5. ARTS DIVISION 50 1 For salaries, support, maintenance, miscellaneous purposes, 50 2 including funds to match federal grants and for not more than 50 3 the following full-time equivalent positions: 50 4 .................................................. $ 1,254,679 50 5 ............................................... FTEs 11.00 50 6 DEPARTMENT OF EDUCATION 50 7 Sec. 79. There is appropriated from the general fund of 50 8 the state to the department of education for the fiscal year 50 9 beginning July 1, 2002, and ending June 30, 2003, the 50 10 following amounts, or so much thereof as may be necessary, to 50 11 be used for the purposes designated: 50 12 1. GENERAL ADMINISTRATION 50 13 For salaries, support, maintenance, miscellaneous purposes, 50 14 and for not more than the following full-time equivalent 50 15 positions: 50 16 .................................................. $ 5,165,531 50 17 ............................................... FTEs 104.45 50 18 The director of the department of education shall ensure 50 19 that all school districts are aware of the state education 50 20 resources available on the state website for listing teacher 50 21 job openings and shall make every reasonable effort to enable 50 22 qualified practitioners to post their resumes on the state 50 23 website. The department shall administer the posting of job 50 24 vacancies for school districts, accredited nonpublic schools, 50 25 and area education agencies on the state website. The 50 26 department may coordinate this activity with the Iowa school 50 27 board association or other interested education associations 50 28 in the state. 50 29 2. VOCATIONAL EDUCATION ADMINISTRATION 50 30 For salaries, support, maintenance, miscellaneous purposes, 50 31 and for not more than the following full-time equivalent 50 32 positions: 50 33 .................................................. $ 500,111 50 34 ............................................... FTEs 15.60 50 35 3. BOARD OF EDUCATIONAL EXAMINERS 51 1 For salaries, support, maintenance, miscellaneous purposes, 51 2 and for not more than the following full-time equivalent 51 3 positions: 51 4 .................................................. $ 43,695 51 5 ............................................... FTEs 9.00 51 6 4. VOCATIONAL REHABILITATION SERVICES DIVISION 51 7 a. For salaries, support, maintenance, miscellaneous 51 8 purposes, and for not more than the following full-time 51 9 equivalent positions: 51 10 .................................................. $ 4,386,854 51 11 ............................................... FTEs 290.50 51 12 The division of vocational rehabilitation services shall 51 13 seek funding from other sources, such as local funds, for 51 14 purposes of matching the state's federal vocational 51 15 rehabilitation allocation, as well as for matching other 51 16 federal vocational rehabilitation funding that may become 51 17 available. 51 18 Except where prohibited under federal law, the division of 51 19 vocational rehabilitation services of the department of 51 20 education shall accept client assessments, or assessments of 51 21 potential clients, performed by other agencies in order to 51 22 reduce duplication of effort. 51 23 Notwithstanding the full-time equivalent position limit 51 24 established in this lettered paragraph, for the fiscal year 51 25 ending June 30, 2003, if federal funding is received to pay 51 26 the costs of additional employees for the vocational 51 27 rehabilitation services division who would have duties 51 28 relating to vocational rehabilitation services paid for 51 29 through federal funding, authorization to hire not more than 51 30 4.00 additional full-time equivalent employees shall be 51 31 provided, the full-time equivalent position limit shall be 51 32 exceeded, and the additional employees shall be hired by the 51 33 division. 51 34 b. For matching funds for programs to enable persons with 51 35 severe physical or mental disabilities to function more 52 1 independently, including salaries and support, and for not 52 2 more than the following full-time equivalent position: 52 3 .................................................. $ 57,158 52 4 ............................................... FTEs 1.00 52 5 The highest priority use for the moneys appropriated under 52 6 this lettered paragraph shall be for programs that emphasize 52 7 employment and assist persons with severe physical or mental 52 8 disabilities to find and maintain employment to enable them to 52 9 function more independently. 52 10 5. STATE LIBRARY 52 11 a. For salaries, support, maintenance, miscellaneous 52 12 purposes, and for not more than the following full-time 52 13 equivalent positions: 52 14 .................................................. $ 1,500,000 52 15 ............................................... FTEs 20.00 52 16 b. For the enrich Iowa program: 52 17 .................................................. $ 1,781,168 52 18 (1) Funds allocated for purposes of the enrich Iowa 52 19 program as provided in this lettered paragraph shall be 52 20 distributed by the division of libraries and information 52 21 services to provide support for Iowa's libraries. The 52 22 commission of libraries shall develop rules governing the 52 23 allocation of funds provided by the general assembly for the 52 24 enrich Iowa program to provide direct state assistance to 52 25 public libraries and to fund the open access and access plus 52 26 programs. Direct state assistance to eligible public 52 27 libraries is provided as an incentive to improve library 52 28 services and to reduce inequities among communities in the 52 29 delivery of library services based on recognized and adopted 52 30 performance measures. Funds distributed as direct state 52 31 assistance shall be distributed to eligible public libraries 52 32 that are in compliance with performance measures adopted by 52 33 rule by the commission of libraries. The funds allocated as 52 34 provided in this lettered paragraph shall not be used for the 52 35 costs of administration by the division. The amount of direct 53 1 state assistance distributed under the enrich Iowa program for 53 2 the fiscal year beginning July 1, 2002, shall not be lower 53 3 than the amount distributed under the enrich Iowa program for 53 4 the fiscal year commencing July 1, 2001. The amount of direct 53 5 state assistance distributed to each eligible public library 53 6 shall be based upon the following: 53 7 (a) The level of compliance by the eligible public library 53 8 with the performance measures adopted by the commission as 53 9 provided in this subparagraph. 53 10 (b) The number of people residing within an eligible 53 11 library's geographic service area for whom the library 53 12 provides services. 53 13 (c) The amount of other funding the eligible public 53 14 library received in the previous fiscal year for providing 53 15 services to rural residents and to contracting communities. 53 16 (2) Moneys received by a public library under this 53 17 lettered paragraph shall supplement, not supplant, any other 53 18 funding received by the library. 53 19 (3) For purposes of this section, "eligible public 53 20 library" means a public library that meets all of the 53 21 following requirements: 53 22 (a) Submits to the division all of the following: 53 23 (i) The report provided for under section 256.51, 53 24 subsection 1, paragraph "h". 53 25 (ii) An application and accreditation report, in a format 53 26 approved by the commission, that provides evidence of the 53 27 library's compliance with at least one level of the standards 53 28 established in accordance with section 256.51, subsection 1, 53 29 paragraph "k". 53 30 (iii) Any other application or report the division deems 53 31 necessary for the implementation of the enrich Iowa program. 53 32 (b) Participates in the library resource and information 53 33 sharing programs established by the state library. 53 34 (c) Is a public library established by city ordinance or a 53 35 library district as provided in chapter 336. 54 1 (4) Each eligible public library shall maintain a separate 54 2 listing within its budget for payments received and 54 3 expenditures made pursuant to this lettered paragraph, and 54 4 shall annually submit this listing to the division. 54 5 (5) By January 15, 2003, the division shall submit a 54 6 program evaluation report to the general assembly and the 54 7 governor detailing the uses and the impacts of funds allocated 54 8 under this lettered paragraph. 54 9 (6) A public library that receives funds in accordance 54 10 with this lettered paragraph shall have an internet use policy 54 11 in place, which may or may not include internet filtering. 54 12 The library shall submit a report describing the library's 54 13 internet use efforts to the division. 54 14 (7) A public library that receives funds in accordance 54 15 with this lettered paragraph shall provide open access, the 54 16 reciprocal borrowing program, as a service to its patrons, at 54 17 a reimbursement rate determined by the state library. 54 18 6. LIBRARY SERVICE AREA SYSTEM 54 19 For state aid: 54 20 .................................................. $ 1,443,613 54 21 7. PUBLIC BROADCASTING DIVISION 54 22 For salaries, support, maintenance, capital expenditures, 54 23 miscellaneous purposes, and for not more than the following 54 24 full-time equivalent positions: 54 25 .................................................. $ 6,856,407 54 26 ............................................... FTEs 89.00 54 27 8. REGIONAL TELECOMMUNICATIONS COUNCIL 54 28 For state aid and for not more than the following full-time 54 29 equivalent positions: 54 30 .................................................. $ 1,612,500 54 31 ............................................... FTEs 8.00 54 32 a. Of the amount appropriated in this section, $340,215 54 33 shall be allocated to the public broadcasting division for 54 34 purposes of providing support for functions related to the 54 35 Iowa communications network, including but not limited to the 55 1 following functions: development of distance learning 55 2 applications; development of a central information source on 55 3 the internet relating to educational uses of the network; 55 4 second-line technical support for network sites; testing and 55 5 initializing sites onto the network; and coordinating the work 55 6 of the education telecommunications council. 55 7 b. Of the amount appropriated in this section, $1,272,285 55 8 shall be allocated to the regional telecommunications councils 55 9 established in section 8D.5. The regional telecommunications 55 10 councils shall use the funds to provide technical assistance 55 11 for network classrooms, planning and troubleshooting for local 55 12 area networks, scheduling of video sites, and other related 55 13 support activities. 55 14 9. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 55 15 For reimbursement for vocational education expenditures 55 16 made by secondary schools: 55 17 .................................................. $ 3,012,209 55 18 Funds appropriated in this subsection shall be used for 55 19 expenditures made by school districts to meet the standards 55 20 set in sections 256.11, 258.4, and 260C.14 as a result of the 55 21 enactment of 1989 Iowa Acts, chapter 278. Funds shall be used 55 22 as reimbursement for vocational education expenditures made by 55 23 secondary schools in the manner provided by the department of 55 24 education for implementation of the standards set in 1989 Iowa 55 25 Acts, chapter 278. 55 26 10. SCHOOL FOOD SERVICE 55 27 For use as state matching funds for federal programs that 55 28 shall be disbursed according to federal regulations, including 55 29 salaries, support, maintenance, and miscellaneous purposes: 55 30 .................................................. $ 2,574,034 55 31 11. IOWA EMPOWERMENT FUND 55 32 For deposit in the school ready children grants account of 55 33 the Iowa empowerment fund created in section 28.9: 55 34 .................................................. $ 14,033,448 55 35 a. From the moneys deposited in the school ready children 56 1 grants account for the fiscal year beginning July 1, 2002, and 56 2 ending June 30, 2003, not more than $200,000 is allocated for 56 3 the community empowerment office and other technical 56 4 assistance activities. It is the intent of the general 56 5 assembly that regional technical assistance teams will be 56 6 established and will include staff from various agencies, as 56 7 appropriate, including the area education agencies, community 56 8 colleges, and the Iowa state university of science and 56 9 technology cooperative extension service in agriculture and 56 10 home economics. The Iowa empowerment board shall direct staff 56 11 to work with the advisory council to inventory technical 56 12 assistance needs. Funds allocated under this lettered 56 13 paragraph may be used by the Iowa empowerment board for the 56 14 purpose of skills development and support for ongoing training 56 15 of the regional technical assistance teams. However, funds 56 16 shall not be used for additional staff or for the 56 17 reimbursement of staff. 56 18 b. Notwithstanding any other provision of law to the 56 19 contrary, for the fiscal year beginning July 1, 2002, the 56 20 total amount available for distribution for that fiscal year 56 21 from the school ready children grants account from the 56 22 appropriation made in this subsection and in any other 56 23 appropriation made to the account for the fiscal year 56 24 beginning July 1, 2002, shall be distributed as follows: 56 25 (1) If the total amount deposited in the school ready 56 26 children grants account for fiscal year 2002-2003 is reduced 56 27 from the total amount deposited in the account for fiscal year 56 28 2001-2002, the school ready children grants for those 56 29 designated community empowerment areas that first received a 56 30 school ready children grant in a fiscal year prior to fiscal 56 31 year 2000-2001 shall be subject to an adjustment factor. The 56 32 adjustment factor shall be determined by calculating the 56 33 amount of reduction in the deposits between the two fiscal 56 34 years as a percentage of the combined amount actually 56 35 distributed in fiscal year 2001-2002 to those designated 57 1 community empowerment areas that first received a school ready 57 2 children grant in a fiscal year prior to fiscal year 2000- 57 3 2001. Each designated community empowerment area that first 57 4 received a school ready children grant in a fiscal year prior 57 5 to fiscal year 2000-2001 shall receive an amount for fiscal 57 6 year 2002-2003 equivalent to the amount received by the area 57 7 in fiscal year 2001-2002 as decreased by applying the 57 8 adjustment factor. 57 9 (2) The designated community empowerment areas that first 57 10 received a school ready children grant in fiscal year 2000- 57 11 2001 shall receive for fiscal year 2002-2003 an amount 57 12 equivalent to the amount distributed to each of those areas 57 13 for fiscal year 2001-2002. 57 14 c. As a condition of receiving funding appropriated in 57 15 this subsection, each community empowerment area board shall 57 16 report to the Iowa empowerment board progress on each of the 57 17 state indicators approved by the state board, as well as 57 18 progress on local indicators. The community empowerment area 57 19 board must also submit a written plan amendment extending by 57 20 one year the area's comprehensive school ready children grant 57 21 plan developed for providing services for children from birth 57 22 through five years of age and provide other information 57 23 specified by the Iowa empowerment board. The amendment may 57 24 also provide for changes in the programs and services provided 57 25 under the plan. The Iowa empowerment board shall establish a 57 26 submission deadline for the plan amendment that allows a 57 27 reasonable period of time for preparation of the plan 57 28 amendment and for review and approval or request for 57 29 modification of the plan amendment by the Iowa empowerment 57 30 board. In addition, the community empowerment board must 57 31 continue to comply with reporting provisions and other 57 32 requirements adopted by the Iowa empowerment board in 57 33 implementing section 28.8. 57 34 12. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 57 35 To provide funds for costs of providing textbooks to each 58 1 resident pupil who attends a nonpublic school as authorized by 58 2 section 301.1. The funding is limited to $20 per pupil and 58 3 shall not exceed the comparable services offered to resident 58 4 public school pupils: 58 5 .................................................. $ 578,880 58 6 13. VOCATIONAL EDUCATION YOUTH ORGANIZATION 58 7 To assist a vocational education youth organization 58 8 sponsored by the schools to support the foundation established 58 9 by that vocational education youth organization and for other 58 10 youth activities: 58 11 .................................................. $ 81,630 58 12 14. CONNECTING EDUCATION AND WORKFORCE DEVELOPMENT 58 13 For purposes of providing support to statewide school-to- 58 14 work implementation through professional development 58 15 opportunities, employability skill revalidation, partnership 58 16 capacity building, connecting to the department of workforce 58 17 development's making connections system implementation, and 58 18 the integration of academic and vocational education, and for 58 19 not more than the following full-time equivalent positions: 58 20 .................................................. $ 185,212 58 21 ............................................... FTEs 2.50 58 22 15. JOBS FOR AMERICA'S GRADUATES 58 23 For school districts to provide direct services to the most 58 24 at-risk senior high school students enrolled in school 58 25 districts through direct intervention by a "jobs for America's 58 26 graduates" specialist: 58 27 .................................................. $ 136,552 58 28 It is the intent of the general assembly to cease providing 58 29 state assistance for purposes of the jobs for America's 58 30 graduates program beyond the fiscal year ending June 30, 2003. 58 31 16. AMERICORPS AFTER-SCHOOL INITIATIVE 58 32 For purposes of the americorps after-school initiative: 58 33 .................................................. $ 136,552 58 34 It is the intent of the general assembly to cease providing 58 35 state assistance for purposes of the americorps after-school 59 1 initiative beyond the fiscal year ending June 30, 2003. 59 2 17. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 59 3 For purposes, as provided in law, of the student 59 4 achievement and teacher quality program established pursuant 59 5 to chapter 284: 59 6 .................................................. $ 7,750,000 59 7 Notwithstanding section 8.33, any moneys remaining 59 8 unencumbered or unobligated from the moneys allocated as 59 9 provided in this subsection shall not revert but shall remain 59 10 available in the succeeding fiscal year for expenditure for 59 11 the purposes designated. The provisions of section 8.39 shall 59 12 not apply to the funds appropriated pursuant to this 59 13 subsection. 59 14 18. COMMUNITY COLLEGES 59 15 For general state financial aid, including general 59 16 financial aid to merged areas in lieu of personal property tax 59 17 replacement payments, to merged areas as defined in section 59 18 260C.2, for vocational education programs in accordance with 59 19 chapters 258 and 260C: 59 20 .................................................. $137,585,680 59 21 The funds appropriated in this subsection shall be 59 22 allocated as follows: 59 23 a. Merged Area I ............................. $ 6,602,820 59 24 b. Merged Area II ............................ $ 7,755,900 59 25 c. Merged Area III ........................... $ 7,205,055 59 26 d. Merged Area IV ............................ $ 3,521,678 59 27 e. Merged Area V ............................. $ 7,367,785 59 28 f. Merged Area VI ............................ $ 6,826,113 59 29 g. Merged Area VII ........................... $ 9,849,174 59 30 h. Merged Area IX ............................ $ 12,113,770 59 31 i. Merged Area X ............................. $ 19,011,042 59 32 j. Merged Area XI ............................ $ 20,177,551 59 33 k. Merged Area XII ........................... $ 7,949,367 59 34 l. Merged Area XIII .......................... $ 8,174,348 59 35 m. Merged Area XIV ........................... $ 3,563,670 60 1 n. Merged Area XV ............................ $ 11,213,616 60 2 o. Merged Area XVI ........................... $ 6,253,791 60 3 Sec. 80. BOARD OF EDUCATIONAL EXAMINERS LICENSING FEES. 60 4 Notwithstanding section 272.10, up to 85 percent of any funds 60 5 received annually resulting from an increase in fees approved 60 6 and implemented for licensing by the state board of 60 7 educational examiners after July 1, 1997, shall be available 60 8 for the fiscal year beginning July 1, 2002, to the state board 60 9 for purposes related to the state board's duties, including, 60 10 but not limited to, additional full-time equivalent positions. 60 11 The director of revenue and finance shall draw warrants upon 60 12 the treasurer of state from the funds appropriated as provided 60 13 in this section and shall make the funds resulting from the 60 14 increase in fees available during the fiscal year to the state 60 15 board on a monthly basis. 60 16 STATE BOARD OF REGENTS 60 17 Sec. 81. There is appropriated from the general fund of 60 18 the state to the state board of regents for the fiscal year 60 19 beginning July 1, 2002, and ending June 30, 2003, the 60 20 following amounts, or so much thereof as may be necessary, to 60 21 be used for the purposes designated: 60 22 1. OFFICE OF STATE BOARD OF REGENTS 60 23 a. For salaries, support, maintenance, miscellaneous 60 24 purposes, and for not more than the following full-time 60 25 equivalent positions: 60 26 .................................................. $ 1,177,051 60 27 ............................................... FTEs 16.00 60 28 The state board of regents, the department of management, 60 29 and the legislative fiscal bureau shall cooperate to determine 60 30 and agree upon, by November 15, 2002, the amount that needs to 60 31 be appropriated for tuition replacement for the fiscal year 60 32 beginning July 1, 2003. 60 33 The state board of regents shall submit a monthly financial 60 34 report in a format agreed upon by the state board of regents 60 35 office and the legislative fiscal bureau. 61 1 b. For funds to be allocated to the southwest Iowa 61 2 graduate studies center: 61 3 .................................................. $ 108,644 61 4 c. For funds to be allocated to the siouxland interstate 61 5 metropolitan planning council for the tristate graduate center 61 6 under section 262.9, subsection 21: 61 7 .................................................. $ 80,024 61 8 d. For funds to be allocated to the quad-cities graduate 61 9 studies center: 61 10 .................................................. $ 161,758 61 11 2. STATE UNIVERSITY OF IOWA 61 12 a. General university, including lakeside laboratory 61 13 For salaries, support, maintenance, equipment, 61 14 miscellaneous purposes, and for not more than the following 61 15 full-time equivalent positions: 61 16 .................................................. $229,802,807 61 17 ............................................... FTEs 4,055.62 61 18 It is the intent of the general assembly that the 61 19 university continue progress on the school of public health 61 20 and the public health initiative for the purposes of 61 21 establishing an accredited school of public health and for 61 22 funding an initiative for the health and independence of 61 23 elderly Iowans. From the funds appropriated in this lettered 61 24 paragraph, the university may use up to $2,100,000 for the 61 25 school of public health and the public health initiative. 61 26 Funds appropriated in this lettered paragraph shall not be 61 27 available for expenditure for medically induced termination of 61 28 a pregnancy, including but not limited to usage of 61 29 mifepristone or RU-486, offered or administered by the student 61 30 health center. 61 31 b. University hospitals 61 32 For salaries, support, maintenance, equipment, and 61 33 miscellaneous purposes and for medical and surgical treatment 61 34 of indigent patients as provided in chapter 255, for medical 61 35 education, and for not more than the following full-time 62 1 equivalent positions: 62 2 .................................................. $ 29,114,188 62 3 ............................................... FTEs 5,471.01 62 4 The university of Iowa hospitals and clinics shall, within 62 5 the context of chapter 255 and when medically appropriate, 62 6 make reasonable efforts to extend the university of Iowa 62 7 hospitals and clinics' use of home telemedicine and other 62 8 technologies to reduce the frequency of visits to the hospital 62 9 required by indigent patients. The university of Iowa 62 10 hospitals and clinics shall submit a report to the general 62 11 assembly and the legislative fiscal bureau by January 15, 62 12 2003, describing its use of these technologies to accomplish 62 13 this purpose. 62 14 The university of Iowa hospitals and clinics shall submit 62 15 quarterly a report regarding the portion of the appropriation 62 16 in this lettered paragraph expended on medical education. The 62 17 report shall be submitted in a format jointly developed by the 62 18 university of Iowa hospitals and clinics, the legislative 62 19 fiscal bureau, and the department of management, and shall 62 20 delineate the expenditures and purposes of the funds. 62 21 Funds appropriated in this lettered paragraph shall not be 62 22 used to perform abortions except medically necessary 62 23 abortions, and shall not be used to operate the early 62 24 termination of pregnancy clinic except for the performance of 62 25 medically necessary abortions. For the purpose of this 62 26 lettered paragraph, an abortion is the purposeful interruption 62 27 of pregnancy with the intention other than to produce a live- 62 28 born infant or to remove a dead fetus, and a medically 62 29 necessary abortion is one performed under one of the following 62 30 conditions: 62 31 (1) The attending physician certifies that continuing the 62 32 pregnancy would endanger the life of the pregnant woman. 62 33 (2) The attending physician certifies that the fetus is 62 34 physically deformed, mentally deficient, or afflicted with a 62 35 congenital illness. 63 1 (3) The pregnancy is the result of a rape which is 63 2 reported within 45 days of the incident to a law enforcement 63 3 agency or public or private health agency which may include a 63 4 family physician. 63 5 (4) The pregnancy is the result of incest which is 63 6 reported within 150 days of the incident to a law enforcement 63 7 agency or public or private health agency which may include a 63 8 family physician. 63 9 (5) The abortion is a spontaneous abortion, commonly known 63 10 as a miscarriage, wherein not all of the products of 63 11 conception are expelled. 63 12 The total quota allocated to the counties for indigent 63 13 patients for the fiscal year beginning July 1, 2002, shall not 63 14 be lower than the total quota allocated to the counties for 63 15 the fiscal year commencing July 1, 1998. The total quota 63 16 shall be allocated among the counties on the basis of the 2000 63 17 census pursuant to section 255.16. 63 18 c. Psychiatric hospital 63 19 For salaries, support, maintenance, equipment, 63 20 miscellaneous purposes, for the care, treatment, and 63 21 maintenance of committed and voluntary public patients, and 63 22 for not more than the following full-time equivalent 63 23 positions: 63 24 .................................................. $ 7,446,268 63 25 ............................................... FTEs 272.11 63 26 d. Center for disabilities and development 63 27 For salaries, support, maintenance, miscellaneous purposes, 63 28 and for not more than the following full-time equivalent 63 29 positions: 63 30 .................................................. $ 6,678,843 63 31 ............................................... FTEs 143.34 63 32 From the funds appropriated in this lettered paragraph, 63 33 $200,000 shall be allocated for purposes of the creative 63 34 employment options program. 63 35 e. Oakdale campus 64 1 For salaries, support, maintenance, miscellaneous purposes, 64 2 and for not more than the following full-time equivalent 64 3 positions: 64 4 .................................................. $ 2,820,522 64 5 ............................................... FTEs 43.25 64 6 f. State hygienic laboratory 64 7 For salaries, support, maintenance, miscellaneous purposes, 64 8 and for not more than the following full-time equivalent 64 9 positions: 64 10 .................................................. $ 3,948,752 64 11 ............................................... FTEs 102.49 64 12 g. Family practice program 64 13 For allocation by the dean of the college of medicine, with 64 14 approval of the advisory board, to qualified participants, to 64 15 carry out chapter 148D for the family practice program, 64 16 including salaries and support, and for not more than the 64 17 following full-time equivalent positions: 64 18 .................................................. $ 2,195,031 64 19 ............................................... FTEs 192.40 64 20 h. Child health care services 64 21 For specialized child health care services, including 64 22 childhood cancer diagnostic and treatment network programs, 64 23 rural comprehensive care for hemophilia patients, and the Iowa 64 24 high-risk infant follow-up program, including salaries and 64 25 support, and for not more than the following full-time 64 26 equivalent positions: 64 27 .................................................. $ 649,877 64 28 ............................................... FTEs 53.46 64 29 i. Statewide cancer registry 64 30 For the statewide cancer registry, and for not more than 64 31 the following full-time equivalent positions: 64 32 .................................................. $ 190,934 64 33 ............................................... FTEs 2.40 64 34 j. Substance abuse consortium 64 35 For funds to be allocated to the Iowa consortium for 65 1 substance abuse research and evaluation, and for not more than 65 2 the following full-time equivalent positions: 65 3 .................................................. $ 68,675 65 4 ............................................... FTEs 1.50 65 5 k. Center for biocatalysis 65 6 For the center for biocatalysis, and for not more than the 65 7 following full-time equivalent positions: 65 8 .................................................. $ 948,854 65 9 ............................................... FTEs 5.20 65 10 l. Primary health care initiative 65 11 For the primary health care initiative in the college of 65 12 medicine and for not more than the following full-time 65 13 equivalent positions: 65 14 .................................................. $ 810,484 65 15 ............................................... FTEs 7.75 65 16 From the funds appropriated in this lettered paragraph, 65 17 $330,000 shall be allocated to the department of family 65 18 practice at the state university of Iowa college of medicine 65 19 for family practice faculty and support staff. 65 20 m. Birth defects registry 65 21 For the birth defects registry and for not more than the 65 22 following full-time equivalent positions: 65 23 .................................................. $ 47,365 65 24 ............................................... FTEs 1.30 65 25 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 65 26 a. General university 65 27 For salaries, support, maintenance, equipment, 65 28 miscellaneous purposes, and for not more than the following 65 29 full-time equivalent positions: 65 30 .................................................. $181,487,906 65 31 ............................................... FTEs 3,647.42 65 32 It is the intent of the general assembly that the 65 33 university continue progress on the center for excellence in 65 34 fundamental plant sciences. From the funds appropriated in 65 35 this lettered paragraph, the university may use up to 66 1 $4,670,000 for the center for excellence in fundamental plant 66 2 sciences. 66 3 The general assembly declares that it is possible that a 66 4 few large companies may be able to control all levels of the 66 5 food chain, including production, because these companies own 66 6 the genetics needed to participate in the food system of the 66 7 future, and finds this possibility to be a major threat to the 66 8 independence and profitability of Iowa's agricultural 66 9 producers. To ensure public ownership of plant genetic 66 10 material, all rights to the research products developed by the 66 11 Iowa state university of science and technology's botany 66 12 institute using state-appropriated funds will be made 66 13 available to the extent practicable for commercialization, for 66 14 the benefit of all Iowans, including Iowa's agricultural 66 15 producers, through a public process which normally involves 66 16 nonexclusive licensing of genes and germplasm. 66 17 Funds appropriated in this lettered paragraph shall not be 66 18 available for expenditure for medically induced termination of 66 19 a pregnancy, including but not limited to usage of 66 20 mifepristone or RU-486, offered or administered by the student 66 21 health center. 66 22 b. Agricultural experiment station 66 23 For salaries, support, maintenance, miscellaneous purposes, 66 24 and for not more than the following full-time equivalent 66 25 positions: 66 26 .................................................. $ 32,954,175 66 27 ............................................... FTEs 546.98 66 28 c. Cooperative extension service in agriculture and home 66 29 economics 66 30 For salaries, support, maintenance, miscellaneous purposes, 66 31 and for not more than the following full-time equivalent 66 32 positions: 66 33 .................................................. $ 20,822,682 66 34 ............................................... FTEs 383.34 66 35 d. Leopold center 67 1 For agricultural research grants at Iowa state university 67 2 under section 266.39B, and for not more than the following 67 3 full-time equivalent positions: 67 4 .................................................. $ 504,357 67 5 ............................................... FTEs 11.25 67 6 e. Livestock disease research 67 7 For deposit in and the use of the livestock disease 67 8 research fund under section 267.8, and for not more than the 67 9 following full-time equivalent positions: 67 10 .................................................. $ 240,636 67 11 ............................................... FTEs 3.17 67 12 4. UNIVERSITY OF NORTHERN IOWA 67 13 a. General university 67 14 For salaries, support, maintenance, equipment, 67 15 miscellaneous purposes, and for not more than the following 67 16 full-time equivalent positions: 67 17 .................................................. $ 81,226,925 67 18 ............................................... FTEs 1,428.79 67 19 It is the intent of the general assembly that the 67 20 university continue progress on the implementation of a 67 21 masters in social work program. From the funds appropriated 67 22 in this lettered paragraph, the university may use up to 67 23 $450,000 for the implementation of the masters in social work 67 24 program, up to $100,000 for the roadside vegetation project, 67 25 and up to $200,000 for the Iowa office for staff development. 67 26 Funds appropriated in this lettered paragraph shall not be 67 27 available for expenditure for medically induced termination of 67 28 a pregnancy, including but not limited to usage of 67 29 mifepristone or RU-486, offered or administered by the student 67 30 health center. 67 31 b. Recycling and reuse center 67 32 For purposes of the recycling and reuse center, and for not 67 33 more than the following full-time equivalent position: 67 34 .................................................. $ 221,447 67 35 ............................................... FTEs 0.89 68 1 5. STATE SCHOOL FOR THE DEAF 68 2 For salaries, support, maintenance, miscellaneous purposes, 68 3 and for not more than the following full-time equivalent 68 4 positions: 68 5 .................................................. $ 7,891,351 68 6 ............................................... FTEs 117.29 68 7 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 68 8 For salaries, support, maintenance, miscellaneous purposes, 68 9 and for not more than the following full-time equivalent 68 10 positions: 68 11 .................................................. $ 4,422,904 68 12 ............................................... FTEs 81.00 68 13 7. TUITION AND TRANSPORTATION COSTS 68 14 For payment to local school boards for the tuition and 68 15 transportation costs of students residing in the Iowa braille 68 16 and sight saving school and the state school for the deaf 68 17 pursuant to section 262.43 and for payment of certain clothing 68 18 and transportation costs for students at these schools 68 19 pursuant to section 270.5: 68 20 .................................................. $ 15,103 68 21 Sec. 82. MEDICAL ASSISTANCE SUPPLEMENTAL AMOUNTS. For 68 22 the fiscal year beginning July 1, 2002, and ending June 30, 68 23 2003, the department of human services shall continue the 68 24 supplemental disproportionate share and a supplemental 68 25 indirect medical education adjustment applicable to state- 68 26 owned acute care hospitals with more than 500 beds and shall 68 27 reimburse qualifying hospitals pursuant to that adjustment 68 28 with a supplemental amount for services provided medical 68 29 assistance recipients. The adjustment shall generate 68 30 supplemental payments intended to equal the state 68 31 appropriation made to a qualifying hospital for treatment of 68 32 indigent patients as provided in chapter 255. To the extent 68 33 of the supplemental payments, a qualifying hospital shall, 68 34 after receipt of the funds, transfer to the department of 68 35 human services an amount equal to the actual supplemental 69 1 payments that were made in that month. The aggregate amounts 69 2 for the fiscal year shall not exceed the state appropriation 69 3 made to the qualifying hospital for treatment of indigent 69 4 patients as provided in chapter 255. The department of human 69 5 services shall deposit these funds in the department's medical 69 6 assistance account. To the extent that state funds 69 7 appropriated to a qualifying hospital for the treatment of 69 8 indigent patients as provided in chapter 255 have been 69 9 transferred to the department of human services as a result of 69 10 these supplemental payments made to the qualifying hospital, 69 11 the department shall not, directly or indirectly, recoup the 69 12 supplemental payments made to a qualifying hospital for any 69 13 reason, unless an equivalent amount of the funds transferred 69 14 to the department of human services by a qualifying hospital 69 15 pursuant to this provision is transferred to the qualifying 69 16 hospital by the department. 69 17 If the state supplemental amount allotted to the state of 69 18 Iowa for the federal fiscal year beginning October 1, 2002, 69 19 and ending September 30, 2003, pursuant to section 1923(f)(3) 69 20 of the federal Social Security Act, as amended, or pursuant to 69 21 federal payments for indirect medical education is greater 69 22 than the amount necessary to fund the federal share of the 69 23 supplemental payments specified in the preceding paragraph, 69 24 the department of human services shall increase the 69 25 supplemental disproportionate share or supplemental indirect 69 26 medical education adjustment by the lesser of the amount 69 27 necessary to utilize fully the state supplemental amount or 69 28 the amount of state funds appropriated to the state university 69 29 of Iowa general education fund and allocated to the university 69 30 for the college of medicine. The state university of Iowa 69 31 shall transfer from the allocation for the college of medicine 69 32 to the department of human services, on a monthly basis, an 69 33 amount equal to the additional supplemental payments made 69 34 during the previous month pursuant to this paragraph. A 69 35 qualifying hospital receiving supplemental payments pursuant 70 1 to this paragraph that are greater than the state 70 2 appropriation made to the qualifying hospital for treatment of 70 3 indigent patients as provided in chapter 255 shall be 70 4 obligated as a condition of its participation in the medical 70 5 assistance program to transfer to the state university of Iowa 70 6 general education fund on a monthly basis an amount equal to 70 7 the funds transferred by the state university of Iowa to the 70 8 department of human services. To the extent that state funds 70 9 appropriated to the state university of Iowa and allocated to 70 10 the college of medicine have been transferred to the 70 11 department of human services as a result of these supplemental 70 12 payments made to the qualifying hospital, the department shall 70 13 not, directly or indirectly, recoup these supplemental 70 14 payments made to a qualifying hospital for any reason, unless 70 15 an equivalent amount of the funds transferred to the 70 16 department of human services by the state university of Iowa 70 17 pursuant to this paragraph is transferred to the qualifying 70 18 hospital by the department. 70 19 Continuation of the supplemental disproportionate share and 70 20 supplemental indirect medical education adjustment shall 70 21 preserve the funds available to the university hospital for 70 22 medical and surgical treatment of indigent patients as 70 23 provided in chapter 255 and to the state university of Iowa 70 24 for educational purposes at the same level as provided by the 70 25 state funds initially appropriated for that purpose. 70 26 The department of human services shall, in any compilation 70 27 of data or other report distributed to the public concerning 70 28 payments to providers under the medical assistance program, 70 29 set forth reimbursements to a qualifying hospital through the 70 30 supplemental disproportionate share and supplemental indirect 70 31 medical education adjustment as a separate item and shall not 70 32 include such payments in the amounts otherwise reported as the 70 33 reimbursement to a qualifying hospital for services to medical 70 34 assistance recipients. 70 35 For purposes of this section, "supplemental payment" means 71 1 a supplemental payment amount paid for medical assistance to a 71 2 hospital qualifying for that payment under this section. 71 3 Sec. 83. For the fiscal year beginning July 1, 2002, and 71 4 ending June 30, 2003, the state board of regents may use 71 5 notes, bonds, or other evidences of indebtedness issued under 71 6 section 262.48 to finance projects that will result in energy 71 7 cost savings in an amount that will cause the state board to 71 8 recover the cost of the projects within an average of six 71 9 years. 71 10 Sec. 84. Notwithstanding section 270.7, the department of 71 11 revenue and finance shall pay the state school for the deaf 71 12 and the Iowa braille and sight saving school the moneys 71 13 collected from the counties during the fiscal year beginning 71 14 July 1, 2002, for expenses relating to prescription drug costs 71 15 for students attending the state school for the deaf and the 71 16 Iowa braille and sight saving school. 71 17 Sec. 85. Section 261.25, subsections 1 through 3, Code 71 18 2001, are amended to read as follows: 71 19 1. There is appropriated from the general fund of the 71 20 state to the commission for each fiscal year the sum offorty-71 21eightforty-seven millioneightone hundredthirtyfifty-five 71 22 thousandseventy-fivethree hundred eighty-two dollars for 71 23 tuition grants. 71 24 2. There is appropriated from the general fund of the 71 25 state to the commission for each fiscal year the sum of four 71 26 hundredninety-eightseventy-seven thousandfiveone hundred 71 27fortythree dollars for scholarships. 71 28 3. There is appropriated from the general fund of the 71 29 state to the commission for each fiscal year the sum of two 71 30 millionfourthree hundredeighty-twoseventy-five thousand 71 31foursix hundred fifty-seven dollars for vocational-technical 71 32 tuition grants. 71 33 Sec. 86. NEW SECTION. 262.100 INNOVATIVE SCHOOL CALENDAR 71 34 PILOT PROGRAM SCHOOL FOR THE DEAF. 71 35 The state board of regents may establish a three-year pilot 72 1 program to evaluate the benefits of establishing an innovative 72 2 school calendar for the school for the deaf. If the board 72 3 establishes a pilot program in accordance with this section, 72 4 the board shall provide for the administration of valid and 72 5 reliable standardized assessments to demonstrate the program's 72 6 effect on student achievement. Any findings and 72 7 recommendations resulting from a pilot program established in 72 8 accordance with this section shall be submitted to the 72 9 chairpersons and ranking members of the senate and house 72 10 standing committees on education and the joint appropriations 72 11 subcommittee on education by December 15, 2005. The report 72 12 shall include a listing of the savings, goals and outcomes, 72 13 and the effect of the innovative school calendar on student 72 14 achievement and the school's educational program. This 72 15 section is repealed effective June 30, 2006. 72 16 DIVISION V 72 17 HEALTH AND HUMAN RIGHTS 72 18 Sec. 87. DEPARTMENT FOR THE BLIND. There is appropriated 72 19 from the general fund of the state to the department for the 72 20 blind for the fiscal year beginning July 1, 2002, and ending 72 21 June 30, 2003, the following amount, or so much thereof as is 72 22 necessary, to be used for the purposes designated: 72 23 For salaries, support, maintenance, miscellaneous purposes, 72 24 and for not more than the following full-time equivalent 72 25 positions: 72 26 .................................................. $ 1,601,864 72 27 ............................................... FTEs 106.50 72 28 Sec. 88. CIVIL RIGHTS COMMISSION. There is appropriated 72 29 from the general fund of the state to the Iowa state civil 72 30 rights commission for the fiscal year beginning July 1, 2002, 72 31 and ending June 30, 2003, the following amount, or so much 72 32 thereof as is necessary, to be used for the purposes 72 33 designated: 72 34 For salaries, support, maintenance, miscellaneous purposes, 72 35 and for not more than the following full-time equivalent 73 1 positions: 73 2 .................................................. $ 951,050 73 3 ............................................... FTEs 35.75 73 4 If the anticipated amount of federal funding from the 73 5 federal equal employment opportunity commission and the 73 6 federal department of housing and urban development exceeds 73 7 $1,144,875 during the fiscal year beginning July 1, 2002, the 73 8 Iowa state civil rights commission may exceed the staffing 73 9 level authorized in this section to hire additional staff to 73 10 process or to support the processing of employment and housing 73 11 complaints during that fiscal year. 73 12 Sec. 89. DEPARTMENT OF ELDER AFFAIRS. There is 73 13 appropriated from the general fund of the state to the 73 14 department of elder affairs for the fiscal year beginning July 73 15 1, 2002, and ending June 30, 2003, the following amount, or so 73 16 much thereof as is necessary, to be used for the purposes 73 17 designated: 73 18 1. For aging programs for the department of elder affairs 73 19 and area agencies on aging to provide citizens of Iowa who are 73 20 60 years of age and older with case management for the frail 73 21 elderly, Alzheimer's support, the retired and senior volunteer 73 22 program, resident advocate committee coordination, employment, 73 23 and other services which may include, but are not limited to, 73 24 adult day services, respite care, chore services, telephone 73 25 reassurance, information and assistance, and home repair 73 26 services, including the winterizing of homes, and for the 73 27 construction of entrance ramps which make residences 73 28 accessible to the physically handicapped, and for salaries, 73 29 support, administration, maintenance, miscellaneous purposes, 73 30 and for not more than the following full-time equivalent 73 31 positions with the department of elder affairs: 73 32 .................................................. $ 4,113,252 73 33 ............................................... FTEs 28.00 73 34 a. Funds appropriated in this subsection may be used to 73 35 supplement federal funds under federal regulations. To 74 1 receive funds appropriated in this subsection, a local area 74 2 agency on aging shall match the funds with moneys from other 74 3 sources according to rules adopted by the department. Funds 74 4 appropriated in this subsection may be used for elderly 74 5 services not specifically enumerated in this subsection only 74 6 if approved by an area agency on aging for provision of the 74 7 service within the area. 74 8 b. It is the intent of the general assembly that the Iowa 74 9 chapters of the Alzheimer's association and the case 74 10 management program for the frail elderly shall collaborate and 74 11 cooperate fully to assist families in maintaining family 74 12 members with Alzheimer's disease in the community for the 74 13 longest period of time possible. 74 14 c. The department shall maintain policies and procedures 74 15 regarding Alzheimer's support and the retired and senior 74 16 volunteer program. 74 17 2. The department may grant an exception for a limited 74 18 period of time, determined by the department to be reasonable, 74 19 to allow for compliance by persons regulated by the department 74 20 or applicants for assisted living certification with any part 74 21 of chapter 104A relative to buildings in existence on July 1, 74 22 1998. The determination of the period of time allowed for 74 23 compliance shall be commensurate with the anticipated 74 24 magnitude of expenditure, disruption of services, and the 74 25 degree of hazard presented. The department shall also be 74 26 authorized to modify the accessibility requirements otherwise 74 27 applicable to such applicants for buildings in existence on 74 28 July 1, 1998, if the department determines that compliance 74 29 with the requirements would be unreasonable, but only if it is 74 30 determined that noncompliance with the requirements would not 74 31 present an unreasonable degree of danger. 74 32 Sec. 90. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. 74 33 1. There is appropriated from the general fund of the 74 34 state to the governor's office of drug control policy for the 74 35 fiscal year beginning July 1, 2002, and ending June 30, 2003, 75 1 the following amount, or so much thereof as is necessary, to 75 2 be used for the purposes designated: 75 3 For salaries, support, maintenance, miscellaneous purposes 75 4 including statewide coordination of the drug abuse resistance 75 5 education (D.A.R.E.) programs or similar programs, and for not 75 6 more than the following full-time equivalent positions: 75 7 .................................................. $ 411,504 75 8 ............................................... FTEs 11.00 75 9 2. The governor's office of drug control policy, in 75 10 consultation with the Iowa department of public health, and 75 11 after discussion and collaboration with all interested 75 12 agencies, shall coordinate substance abuse treatment and 75 13 prevention efforts in order to avoid duplication of services. 75 14 Sec. 91. DEPARTMENT OF PUBLIC HEALTH. There is 75 15 appropriated from the general fund of the state to the Iowa 75 16 department of public health for the fiscal year beginning July 75 17 1, 2002, and ending June 30, 2003, the following amounts, or 75 18 so much thereof as is necessary, to be used for the purposes 75 19 designated: 75 20 1. ADDICTIVE DISORDERS 75 21 For reducing the prevalence of use of tobacco, alcohol, and 75 22 other drugs, and treating individuals affected by addictive 75 23 behaviors, including gambling, and for not more than the 75 24 following full-time equivalent positions: 75 25 .................................................. $ 1,238,722 75 26 ............................................... FTEs 15.51 75 27 a. The department shall continue to coordinate with 75 28 substance abuse treatment and prevention providers regardless 75 29 of funding source to assure the delivery of substance abuse 75 30 treatment and prevention programs. 75 31 b. The commission on substance abuse, in conjunction with 75 32 the department, shall continue to coordinate the delivery of 75 33 substance abuse services involving prevention, social and 75 34 medical detoxification, and other treatment by medical and 75 35 nonmedical providers to uninsured and court-ordered substance 76 1 abuse patients in all counties of the state. 76 2 c. The department and any grantee or subgrantee of the 76 3 department shall not discriminate against a nongovernmental 76 4 organization that provides substance abuse treatment and 76 5 prevention services or applies for funding to provide those 76 6 services on the basis that the organization has a religious 76 7 character. The department shall report to the governor and 76 8 the general assembly on or before February 1, 2003, regarding 76 9 the number of religious or other nongovernmental organizations 76 10 that applied for funds in the preceding fiscal year, the 76 11 amounts awarded to those organizations, and the basis for any 76 12 refusal by the department or grantee or subgrantee of the 76 13 department to award funds to any of those organizations that 76 14 applied. 76 15 2. ADULT WELLNESS 76 16 For maintaining or improving the health status of adults, 76 17 with target populations between the ages of 18 through 60, and 76 18 for not more than the following full-time equivalent 76 19 positions: 76 20 .................................................. $ 521,096 76 21 ............................................... FTEs 24.27 76 22 3. CHILD AND ADOLESCENT WELLNESS 76 23 For promoting the optimum health status for children and 76 24 adolescents from birth through 21 years of age, and for not 76 25 more than the following full-time equivalent positions: 76 26 .................................................. $ 1,144,177 76 27 ............................................... FTEs 47.07 76 28 4. CHRONIC CONDITIONS 76 29 For serving individuals identified as having chronic 76 30 conditions or special health care needs, and for not more than 76 31 the following full-time equivalent positions: 76 32 .................................................. $ 1,226,652 76 33 ............................................... FTEs 10.30 76 34 5. COMMUNITY CAPACITY 76 35 For strengthening the health care delivery system at the 77 1 local level, and for not more than the following full-time 77 2 equivalent positions: 77 3 .................................................. $ 1,283,473 77 4 ............................................... FTEs 26.12 77 5 6. ELDERLY WELLNESS 77 6 For optimizing the health of persons 60 years of age and 77 7 older, and for not more than the following full-time 77 8 equivalent positions: 77 9 .................................................. $ 9,900,801 77 10 ............................................... FTEs 4.05 77 11 7. ENVIRONMENTAL HAZARDS 77 12 For reducing the public's exposure to hazards in the 77 13 environment, primarily chemical hazards, and for not more than 77 14 the following full-time equivalent positions: 77 15 .................................................. $ 165,715 77 16 ............................................... FTEs 9.20 77 17 Of the full-time equivalent positions authorized in this 77 18 subsection, 1.00 full-time equivalent position is contingent 77 19 upon enactment of a statute transferring the abandoned wells 77 20 program from the department of natural resources to the Iowa 77 21 department of public health. 77 22 8. INFECTIOUS DISEASES 77 23 For reducing the incidence and prevalence of communicable 77 24 diseases, and for not more than the following full-time 77 25 equivalent positions: 77 26 .................................................. $ 1,147,036 77 27 ............................................... FTEs 36.40 77 28 9. INJURIES 77 29 For providing support and protection to victims of abuse or 77 30 injury, or programs that are designed to prevent abuse or 77 31 injury, and for not more than the following full-time 77 32 equivalent positions: 77 33 .................................................. $ 1,536,236 77 34 ............................................... FTEs 8.55 77 35 Of the funds appropriated in this subsection, $660,000 78 1 shall be credited to the emergency medical services fund 78 2 created in section 135.25. 78 3 10. PUBLIC PROTECTION 78 4 For protecting the health and safety of the public through 78 5 establishing standards and enforcing regulations, and for not 78 6 more than the following full-time equivalent positions: 78 7 .................................................. $ 6,564,644 78 8 ............................................... FTEs 129.77 78 9 a. The department may expend funds received from licensing 78 10 fees in addition to amounts appropriated in this subsection, 78 11 if those additional expenditures are directly the result of a 78 12 scope of practice review committee or unanticipated litigation 78 13 costs arising from the discharge of an examining board's 78 14 regulatory duties. Before the department expends or encumbers 78 15 funds for a scope of practice review committee or an amount in 78 16 excess of the funds budgeted for an examining board, the 78 17 director of the department of management shall approve the 78 18 expenditure or encumbrance. The amounts necessary to fund any 78 19 unanticipated litigation or scope of practice review committee 78 20 expense in the fiscal year beginning July 1, 2002, shall not 78 21 exceed 5 percent of the average annual fees generated by the 78 22 boards for the previous two fiscal years. 78 23 b. For the fiscal year beginning July 1, 2002, the 78 24 department shall retain fees collected from the certification 78 25 of lead inspectors and lead abaters pursuant to section 78 26 135.105A to support the certification program; and shall 78 27 retain fees collected from the licensing, registration, 78 28 authorization, accreditation, and inspection of x-ray machines 78 29 used for mammographically guided breast biopsy, screening, and 78 30 diagnostic mammography, pursuant to section 136C.10 to support 78 31 the administration of the chapter. The department may also 78 32 retain fees collected pursuant to section 136C.10 on all 78 33 shippers of radioactive material waste containers transported 78 34 across Iowa if the department does not obtain funding to 78 35 support the oversight and regulation of this activity, and for 79 1 x-ray radiology examination fees collected by the department 79 2 and reimbursed to a private organization conducting the 79 3 examination. 79 4 c. The department may retain and expend not more than 79 5 $279,056 for lease and maintenance expenses from fees 79 6 collected pursuant to section 147.80 by the board of dental 79 7 examiners, the board of pharmacy examiners, the board of 79 8 medical examiners, and the board of nursing in the fiscal year 79 9 beginning July 1, 2002, and ending June 30, 2003. Fees 79 10 retained by the department pursuant to this lettered paragraph 79 11 are appropriated to the department for the purposes described 79 12 in this lettered paragraph. 79 13 d. The department may retain and expend not more than 79 14 $100,000 for reduction of the number of days necessary to 79 15 process medical license requests and for reduction of the 79 16 number of days needed for consideration of malpractice cases 79 17 from fees collected pursuant to section 147.80 by the board of 79 18 medical examiners in the fiscal year beginning July 1, 2002, 79 19 and ending June 30, 2003. Fees retained by the department 79 20 pursuant to this lettered paragraph are appropriated to the 79 21 department for the purposes described in this lettered 79 22 paragraph. 79 23 e. If a person in the course of responding to an emergency 79 24 renders aid to an injured person and becomes exposed to bodily 79 25 fluids of the injured person, that emergency responder shall 79 26 be entitled to hepatitis testing and immunization in 79 27 accordance with the latest available medical technology to 79 28 determine if infection with hepatitis has occurred. The 79 29 person shall be entitled to reimbursement from the funds 79 30 appropriated in this subsection only if the reimbursement is 79 31 not available through any employer or third-party payor. 79 32 f. The board of dental examiners may retain and expend not 79 33 more than $148,060 from revenues generated pursuant to section 79 34 147.80. Fees retained by the board pursuant to this lettered 79 35 paragraph are appropriated to the department to be used for 80 1 the purposes of regulating dental assistants. 80 2 g. The board of medical examiners, the board of pharmacy 80 3 examiners, the board of dental examiners, and the board of 80 4 nursing shall prepare estimates of projected receipts to be 80 5 generated by the licensing, certification, and examination 80 6 fees of each board as well as a projection of the fairly 80 7 apportioned administrative costs and rental expenses 80 8 attributable to each board. Each board shall annually review 80 9 and adjust its schedule of fees so that, as nearly as 80 10 possible, projected receipts equal projected costs. 80 11 h. The board of medical examiners, the board of pharmacy 80 12 examiners, the board of dental examiners, and the board of 80 13 nursing shall retain their individual executive officers, but 80 14 are strongly encouraged to share administrative, clerical, and 80 15 investigative staffs to the greatest extent possible. 80 16 i. The licensing boards funded under this section shall 80 17 submit a report by February 1, 2003, to the chairpersons and 80 18 ranking members of the joint appropriations subcommittee on 80 19 health and human rights providing management to staff ratios 80 20 of all funded positions as of January 13, 2003. 80 21 11. RESOURCE MANAGEMENT 80 22 For establishing and sustaining the overall ability of the 80 23 department to deliver services to the public, and for not more 80 24 than the following full-time equivalent positions: 80 25 .................................................. $ 1,152,902 80 26 ............................................... FTEs 53.76 80 27 12. The state university of Iowa hospitals and clinics 80 28 under the control of the state board of regents shall not 80 29 receive indirect costs from the funds appropriated in this 80 30 section. 80 31 13. A local health care provider or nonprofit health care 80 32 organization seeking grant moneys administered by the Iowa 80 33 department of public health shall provide documentation that 80 34 the provider or organization has coordinated its services with 80 35 other local entities providing similar services. 81 1 14. a. The department shall apply for available federal 81 2 funds for sexual abstinence education programs. 81 3 b. It is the intent of the general assembly to comply with 81 4 the United States Congress' intent to provide education that 81 5 promotes abstinence from sexual activity outside of marriage 81 6 and reduces pregnancies, by focusing efforts on those persons 81 7 most likely to father and bear children out of wedlock. 81 8 c. Any sexual abstinence education program awarded moneys 81 9 under the grant program shall meet the definition of 81 10 abstinence education in the federal law. Grantees shall be 81 11 evaluated based upon the extent to which the abstinence 81 12 program successfully communicates the goals set forth in the 81 13 federal law. 81 14 d. It is the intent of the general assembly that the Iowa 81 15 department of public health and the department of human 81 16 services shall discuss the feasibility of combining adolescent 81 17 pregnancy prevention programs under one department and shall 81 18 submit a written report regarding such discussions to the 81 19 chairpersons and ranking members of the joint appropriations 81 20 subcommittee on health and human rights by November 1, 2002. 81 21 Sec. 92. DEPARTMENT OF HUMAN RIGHTS. There is 81 22 appropriated from the general fund of the state to the 81 23 department of human rights for the fiscal year beginning July 81 24 1, 2002, and ending June 30, 2003, the following amounts, or 81 25 so much thereof as is necessary, to be used for the purposes 81 26 designated: 81 27 1. CENTRAL ADMINISTRATION DIVISION 81 28 For salaries, support, maintenance, miscellaneous purposes, 81 29 and for not more than the following full-time equivalent 81 30 positions: 81 31 .................................................. $ 267,669 81 32 ............................................... FTEs 7.00 81 33 2. DEAF SERVICES DIVISION 81 34 For salaries, support, maintenance, miscellaneous purposes, 81 35 and for not more than the following full-time equivalent 82 1 positions: 82 2 .................................................. $ 328,616 82 3 ............................................... FTEs 7.00 82 4 The fees collected by the division for provision of 82 5 interpretation services by the division to obligated agencies 82 6 shall be disbursed pursuant to the provisions of section 8.32, 82 7 and shall be dedicated and used by the division for continued 82 8 and expanded interpretation services. 82 9 3. PERSONS WITH DISABILITIES DIVISION 82 10 For salaries, support, maintenance, miscellaneous purposes, 82 11 and for not more than the following full-time equivalent 82 12 positions: 82 13 .................................................. $ 181,294 82 14 ............................................... FTEs 3.50 82 15 4. LATINO AFFAIRS DIVISION 82 16 For salaries, support, maintenance, miscellaneous purposes, 82 17 and for not more than the following full-time equivalent 82 18 positions: 82 19 .................................................. $ 162,434 82 20 ............................................... FTEs 3.00 82 21 5. STATUS OF WOMEN DIVISION 82 22 For salaries, support, maintenance, miscellaneous purposes, 82 23 including the Iowans in transition program, and the domestic 82 24 violence and sexual assault-related grants, and for not more 82 25 than the following full-time equivalent positions: 82 26 .................................................. $ 349,126 82 27 ............................................... FTEs 3.00 82 28 6. STATUS OF AFRICAN-AMERICANS DIVISION 82 29 For salaries, support, maintenance, miscellaneous purposes, 82 30 and for not more than the following full-time equivalent 82 31 positions: 82 32 .................................................. $ 130,234 82 33 ............................................... FTEs 2.00 82 34 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 82 35 For salaries, support, maintenance, miscellaneous purposes, 83 1 and for not more than the following full-time equivalent 83 2 positions: 83 3 .................................................. $ 385,973 83 4 ............................................... FTEs 9.15 83 5 The criminal and juvenile justice planning advisory council 83 6 and the juvenile justice advisory council shall coordinate 83 7 their efforts in carrying out their respective duties relative 83 8 to juvenile justice. 83 9 8. COMMUNITY GRANT FUND 83 10 For the community grant fund established in section 83 11 232.190, to be used for the purposes of the community grant 83 12 fund and for not more than the following full-time equivalent 83 13 position: 83 14 .................................................. $ 593,109 83 15 ............................................... FTEs 0.75 83 16 9. SHARED STAFF. The divisions of the department of human 83 17 rights shall retain their individual administrators, but shall 83 18 share staff to the greatest extent possible. 83 19 Sec. 93. COMMISSION OF VETERANS AFFAIRS. There is 83 20 appropriated from the general fund of the state to the 83 21 commission of veterans affairs for the fiscal year beginning 83 22 July 1, 2002, and ending June 30, 2003, the following amounts, 83 23 or so much thereof as is necessary, to be used for the 83 24 purposes designated: 83 25 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION 83 26 For salaries, support, maintenance, miscellaneous purposes, 83 27 including the war orphan educational fund established pursuant 83 28 to chapter 35, and for not more than the following full-time 83 29 equivalent positions: 83 30 .................................................. $ 196,727 83 31 ............................................... FTEs 3.00 83 32 The commission of veterans affairs may use the gifts 83 33 accepted by the chairperson of the commission of veterans 83 34 affairs, or designee, and other resources available to the 83 35 commission for use at its Camp Dodge office. The commission 84 1 shall report annually to the governor and the general assembly 84 2 on monetary gifts received by the commission for the Camp 84 3 Dodge office. 84 4 2. IOWA VETERANS HOME 84 5 For salaries, support, maintenance, miscellaneous purposes, 84 6 and for not more than the following full-time equivalent 84 7 positions: 84 8 .................................................. $ 14,445,694 84 9 ............................................... FTEs 843.00 84 10 a. The Iowa veterans home may use the gifts accepted by 84 11 the chairperson of the commission of veterans affairs and 84 12 other resources available to the commission for use at the 84 13 Iowa veterans home. 84 14 b. Any Iowa veterans home successor contractor shall not 84 15 consider employees of a state institution or facility to be 84 16 new employees for purposes of employee wages, health 84 17 insurance, or retirement benefits. 84 18 c. The chairpersons and ranking members of the joint 84 19 appropriations subcommittee on health and human rights shall 84 20 be notified by January 15 of any calendar year during which a 84 21 request for proposals is anticipated to be issued regarding 84 22 any Iowa veterans home contract involving employment, for 84 23 purposes of providing legislative review and oversight. 84 24 d. The Iowa veterans home shall operate with a net state 84 25 general fund appropriation. The amount appropriated in this 84 26 subsection is the net amount of state moneys projected to be 84 27 needed for the Iowa veterans home. The purposes of operating 84 28 with a net state general fund appropriation are to encourage 84 29 the Iowa veterans home to operate with increased self- 84 30 sufficiency, to improve quality and efficiency, and to support 84 31 collaborative efforts among all funders of services available 84 32 from the Iowa veterans home. Moneys appropriated in this 84 33 subsection may be used throughout the fiscal year in the 84 34 manner necessary for purposes of cash flow management, and for 84 35 purposes of cash flow management the Iowa veterans home may 85 1 temporarily draw more than the amount appropriated, provided 85 2 the amount appropriated is not exceeded at the close of the 85 3 fiscal year. Beginning September 1, 2002, the Iowa veterans 85 4 home shall submit a report every other month to the 85 5 chairpersons and ranking members of the joint appropriations 85 6 subcommittee on health and human rights and to the legislative 85 7 fiscal committee providing a financial analysis of revenues 85 8 and expenses. 85 9 e. Revenues attributable to the Iowa veterans home for the 85 10 fiscal year beginning July 1, 2002, shall be deposited into 85 11 the Iowa veterans home account and shall be treated as 85 12 repayment receipts, including but not limited to all of the 85 13 following: 85 14 (1) Federal veterans administration payments. 85 15 (2) Medical assistance revenue received under chapter 85 16 249A. 85 17 (3) Federal Medicare program payments. 85 18 (4) Moneys received from client financial participation. 85 19 (5) Other revenues generated from current, new, or 85 20 expanded services which the Iowa veterans home is authorized 85 21 to provide. 85 22 f. For the purposes of allocating the salary adjustment 85 23 fund moneys appropriated in another Act, the Iowa veterans 85 24 home shall be considered to be funded entirely with state 85 25 moneys. 85 26 g. Notwithstanding section 8.33, up to $500,000 of the 85 27 Iowa veterans home revenues that remain unencumbered or 85 28 unobligated at the close of the fiscal year shall not revert 85 29 but shall remain available to be used in the succeeding fiscal 85 30 year. 85 31 Sec. 94. GAMBLING TREATMENT FUND APPROPRIATION. 85 32 1. There is appropriated from funds available in the 85 33 gambling treatment fund established in the office of the 85 34 treasurer of state pursuant to section 99E.10 to the Iowa 85 35 department of public health for the fiscal year beginning July 86 1 1, 2002, and ending June 30, 2003, the following amount, or so 86 2 much thereof as is necessary, to be used for the purpose 86 3 designated: 86 4 a. Addictive disorders 86 5 To be utilized for the benefit of persons with addictions: 86 6 .................................................. $ 1,690,000 86 7 b. It is the intent of the general assembly that from the 86 8 moneys appropriated in this section, persons with a dual 86 9 diagnosis of substance abuse and gambling addictions shall be 86 10 given priority in treatment services. 86 11 c. Gambling treatment program 86 12 The funds remaining in the gambling treatment fund after 86 13 the appropriation in paragraph "a" is made shall be used for 86 14 funding of administrative costs and to provide programs which 86 15 may include, but are not limited to, outpatient and follow-up 86 16 treatment for persons affected by problem gambling, 86 17 rehabilitation and residential treatment programs, information 86 18 and referral services, education and preventive services, and 86 19 financial management services. 86 20 2. For the fiscal year beginning July 1, 2002, and ending 86 21 June 30, 2003, from the tax revenue received by the state 86 22 racing and gaming commission pursuant to section 99D.15, 86 23 subsections 1, 3, and 4, an amount equal to three-tenths of 86 24 one percent of the gross sum wagered by the pari-mutuel method 86 25 is to be deposited into the gambling treatment fund. 86 26 Sec. 95. VITAL RECORDS. The vital records modernization 86 27 project as enacted in 1993 Iowa Acts, chapter 55, section 1, 86 28 as amended by 1994 Iowa Acts, chapter 1068, section 8, as 86 29 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa 86 30 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter 86 31 201, section 17, and as continued by 2000 Iowa Acts, chapter 86 32 1222, section 10, and 2001 Iowa Acts, chapter 182, section 13, 86 33 shall be extended until June 30, 2003, and the increased fees 86 34 to be collected pursuant to that project shall continue to be 86 35 collected and are appropriated to the Iowa department of 87 1 public health until June 30, 2003. 87 2 Sec. 96. SPAN OF CONTROL REPORTING. The department for 87 3 the blind, the Iowa state civil rights commission, the 87 4 department of elder affairs, the Iowa department of public 87 5 health, the department of human rights, the governor's office 87 6 of drug control policy, and the commission of veterans affairs 87 7 shall submit a report by February 1, 2003, to the chairpersons 87 8 and ranking members of the joint appropriations subcommittee 87 9 on health and human rights providing all management to staff 87 10 ratios of all funded positions as of January 13, 2003. 87 11 Sec. 97. PROGRAM PERFORMANCE BUDGETS. It is the intent of 87 12 the general assembly that the department for the blind, the 87 13 Iowa state civil rights commission, the department of elder 87 14 affairs, the Iowa department of public health, the department 87 15 of human rights, the governor's office of drug control policy, 87 16 and the commission of veterans affairs develop program 87 17 performance budget measures to include, but not be limited to, 87 18 the development and tracking of demand, workload, 87 19 productivity, and effectiveness performance indicators for 87 20 each program. The program performance measures shall include 87 21 minority programs and grants received by minority programs. 87 22 The program performance measures shall also include gender- 87 23 based programs. The purpose of the program performance budget 87 24 initiative is to emphasize the programs the agencies provide 87 25 based upon citizen needs, the agencies' responses to those 87 26 needs, and the resources the agencies require to respond to 87 27 those needs. The agencies shall submit a report on the status 87 28 of achieving the program performance measures to the 87 29 chairpersons and ranking members of the joint appropriations 87 30 subcommittee on health and human rights by December 16, 2002. 87 31 Sec. 98. SCOPE OF PRACTICE REVIEW PROJECT. The scope of 87 32 practice review committee pilot project as enacted in 1997 87 33 Iowa Acts, chapter 203, section 6, shall be extended until 87 34 July 1, 2003. The Iowa department of public health shall 87 35 submit an annual progress report to the governor and the 88 1 general assembly by January 15 and shall include any 88 2 recommendations for legislative action as a result of review 88 3 committee activities. The department may contract with a 88 4 school or college of public health in Iowa to assist in 88 5 implementing the project. 88 6 DIVISION VI 88 7 HUMAN SERVICES 88 8 Sec. 99. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 88 9 GRANT. There is appropriated from the fund created in section 88 10 8.41 to the department of human services for the fiscal year 88 11 beginning July 1, 2002, and ending June 30, 2003, from moneys 88 12 received under the federal temporary assistance for needy 88 13 families block grant pursuant to the federal Personal 88 14 Responsibility and Work Opportunity Reconciliation Act of 88 15 1996, Pub. L. No. 104-193 and successor legislation, which are 88 16 federally appropriated for the federal fiscal years beginning 88 17 October 1, 2001, and ending September 30, 2002, and beginning 88 18 October 1, 2002, and ending September 30, 2003, the following 88 19 amounts, or so much thereof as is necessary, to be used for 88 20 the purposes designated: 88 21 If the federal government appropriation received for Iowa's 88 22 portion of the federal temporary assistance for needy families 88 23 block grant for the federal fiscal year beginning October 1, 88 24 2002, and ending September 30, 2003, is less than 88 25 $131,524,959, it is the intent of the general assembly to act 88 26 expeditiously during the 2003 legislative session to adjust 88 27 appropriations or take other actions to address the reduced 88 28 amount. Moneys appropriated in this section shall be used in 88 29 accordance with the federal law making the funds available, 88 30 applicable Iowa law, appropriations made from the general fund 88 31 of the state in this Act for the purpose designated, and 88 32 administrative rules adopted to implement the federal and Iowa 88 33 law: 88 34 1. To be credited to the family investment program account 88 35 and used for assistance under the family investment program 89 1 under chapter 239B: 89 2 .................................................. $ 45,618,447 89 3 2. To be credited to the family investment program account 89 4 and used for the job opportunities and basic skills (JOBS) 89 5 program, and implementing family investment agreements, in 89 6 accordance with chapter 239B: 89 7 .................................................. $ 13,412,794 89 8 3. For field operations: 89 9 .................................................. $ 12,885,790 89 10 4. For general administration: 89 11 .................................................. $ 3,238,614 89 12 5. For local administrative costs: 89 13 .................................................. $ 2,122,982 89 14 6. For state child care assistance: 89 15 .................................................. $ 28,638,329 89 16 a. Of the funds appropriated in this subsection, $200,000 89 17 shall be used for provision of educational opportunities to 89 18 registered child care home providers in order to improve 89 19 services and programs offered by this category of providers 89 20 and to increase the number of providers. The department may 89 21 contract with institutions of higher education or child care 89 22 resource and referral centers to provide the educational 89 23 opportunities. Allowable administrative costs under the 89 24 contracts shall not exceed 5 percent. The application for a 89 25 grant shall not exceed two pages in length. 89 26 b. Of the funds appropriated in this subsection, the 89 27 maximum amount allowed under Pub. L. No. 104-193 shall be 89 28 transferred to the child care and development block grant 89 29 appropriation. Funds appropriated in this subsection that 89 30 remain following the transfer shall be used to provide direct 89 31 spending for the child care needs of working parents in 89 32 families eligible for the family investment program. 89 33 7. For emergency assistance: 89 34 .................................................. $ 1,000,000 89 35 8. For mental health and developmental disabilities 90 1 community services: 90 2 .................................................. $ 4,349,266 90 3 9. For child and family services: 90 4 .................................................. $ 22,896,571 90 5 10. For child abuse prevention grants: 90 6 .................................................. $ 250,000 90 7 11. For pregnancy prevention grants on the condition that 90 8 family planning services are funded: 90 9 .................................................. $ 2,514,413 90 10 Pregnancy prevention grants shall be awarded to programs in 90 11 existence on or before July 1, 2002, if the programs are 90 12 comprehensive in scope and have demonstrated positive 90 13 outcomes. Grants shall be awarded to pregnancy prevention 90 14 programs which are developed after July 1, 2002, if the 90 15 programs are comprehensive in scope and are based on existing 90 16 models that have demonstrated positive outcomes. Grants shall 90 17 comply with the requirements provided in 1997 Iowa Acts, 90 18 chapter 208, section 14, subsections 1 and 2, including the 90 19 requirement that grant programs must emphasize sexual 90 20 abstinence. Priority in the awarding of grants shall be given 90 21 to programs that serve areas of the state which demonstrate 90 22 the highest percentage of unplanned pregnancies of females age 90 23 13 or older but younger than age 18 within the geographic area 90 24 to be served by the grant. 90 25 12. For technology needs and other resources necessary to 90 26 meet federal welfare reform reporting, tracking, and case 90 27 management requirements: 90 28 .................................................. $ 565,088 90 29 13. For volunteers: 90 30 .................................................. $ 42,663 90 31 14. For individual development accounts under chapter 90 32 541A: 90 33 .................................................. $ 150,000 90 34 15. For the healthy opportunities for parents to 90 35 experience success (HOPES) program administered by the Iowa 91 1 department of public health to target child abuse prevention: 91 2 .................................................. $ 200,000 91 3 16. To be credited to the state child care assistance 91 4 appropriation made in this section to be used for funding of 91 5 community-based early childhood programs targeted to children 91 6 from birth through five years of age, developed by community 91 7 empowerment areas as provided in this subsection: 91 8 .................................................. $ 6,350,000 91 9 a. The department may transfer federal temporary 91 10 assistance for needy families block grant funding appropriated 91 11 and allocated in this subsection to the child care and 91 12 development block grant appropriation in accordance with 91 13 federal law as necessary to comply with the provisions of this 91 14 subsection. The funding shall then be provided to community 91 15 empowerment areas for the fiscal year beginning July 1, 2002, 91 16 in accordance with all of the following: 91 17 (1) The area must be approved as a designated community 91 18 empowerment area by the Iowa empowerment board. 91 19 (2) The maximum funding amount a community empowerment 91 20 area is eligible to receive shall be determined by applying 91 21 the area's percentage of the state's average monthly family 91 22 investment program population in the preceding fiscal year to 91 23 the total amount appropriated for fiscal year 2002-2003 from 91 24 the TANF block grant to fund community-based programs targeted 91 25 to children from birth through five years of age developed by 91 26 community empowerment areas. 91 27 (3) A community empowerment area receiving funding shall 91 28 comply with any federal reporting requirements associated with 91 29 the use of that funding and other results and reporting 91 30 requirements established by the Iowa empowerment board. The 91 31 department shall provide technical assistance in identifying 91 32 and meeting the federal requirements. 91 33 (4) The availability of funding provided under this 91 34 subsection is subject to changes in federal requirements and 91 35 amendments to Iowa law. 92 1 b. The moneys distributed in accordance with this 92 2 subsection shall be used by communities for the purposes of 92 3 enhancing quality child care capacity in support of parent 92 4 capability to obtain or retain employment. The moneys shall 92 5 be used with a primary emphasis on low-income families and 92 6 children from birth to five years of age. Moneys shall be 92 7 provided in a flexible manner to communities, and shall be 92 8 used to implement strategies identified by the communities to 92 9 achieve such purposes. In addition to the full-time 92 10 equivalent positions funded in this division of this Act, 1.00 92 11 full-time equivalent position is authorized and the department 92 12 may use funding appropriated in this subsection for provision 92 13 of technical assistance and other support to communities 92 14 developing and implementing strategies with moneys distributed 92 15 in accordance with this subsection. 92 16 c. Moneys that are subject to this subsection which are 92 17 not distributed to a community empowerment area or otherwise 92 18 remain unobligated or unexpended at the end of the fiscal year 92 19 shall revert to the fund created in section 8.41 to be 92 20 available for appropriation by the general assembly in a 92 21 subsequent fiscal year. 92 22 Of the amounts appropriated in this section, $11,612,112 92 23 for the fiscal year beginning July 1, 2002, shall be 92 24 transferred to the appropriation of the federal social 92 25 services block grant for that fiscal year. 92 26 Eligible funding available under the federal temporary 92 27 assistance for needy families block grant that is not 92 28 appropriated or not otherwise expended shall be considered 92 29 reserved for economic downturns and welfare reform purposes 92 30 and is subject to further state appropriation to support 92 31 families in their movement toward self-sufficiency. 92 32 Federal funding received that is designated for activities 92 33 supporting marriage or two-parent families is appropriated to 92 34 the Iowa marriage initiative grant fund created in section 92 35 234.45. 93 1 Sec. 100. FAMILY INVESTMENT PROGRAM ACCOUNT. 93 2 1. Moneys credited to the family investment program (FIP) 93 3 account for the fiscal year beginning July 1, 2002, and ending 93 4 June 30, 2003, shall be used in accordance with the following 93 5 requirements: 93 6 a. The department shall provide assistance in accordance 93 7 with chapter 239B. 93 8 b. The department shall continue the special needs program 93 9 under the family investment program. 93 10 c. The department shall continue to comply with federal 93 11 welfare reform data requirements pursuant to the 93 12 appropriations made for that purpose. 93 13 d. (1) The department shall continue expansion of the 93 14 electronic benefit transfer program as necessary to comply 93 15 with federal food stamp benefit requirements. The target date 93 16 for statewide implementation of the program is October 1, 93 17 2003. 93 18 (2) Notwithstanding section 234.12A, subsection 1, for the 93 19 fiscal year beginning July 1, 2002, a retailer providing 93 20 electronic equipment shall not be reimbursed a transaction 93 21 fee. 93 22 2. The department may use a portion of the moneys credited 93 23 to the family investment account under this section, as 93 24 necessary for salaries, support, maintenance, and 93 25 miscellaneous purposes for not more than the following full- 93 26 time equivalent positions which are in addition to any other 93 27 full-time equivalent positions authorized by this Act: 93 28 ............................................... FTEs 6.00 93 29 3. The department may transfer funds in accordance with 93 30 section 8.39, either federal or state, to or from the child 93 31 care appropriations made for the fiscal year beginning July 1, 93 32 2002, if the department deems this would be a more effective 93 33 method of paying for JOBS program child care, to maximize 93 34 federal funding, or to meet federal maintenance of effort 93 35 requirements. 94 1 4. Moneys appropriated in this division of this Act and 94 2 credited to the family investment program account for the 94 3 fiscal year beginning July 1, 2002, and ending June 30, 2003, 94 4 are allocated as follows: 94 5 a. For the family development and self-sufficiency grant 94 6 program as provided under section 217.12: 94 7 .................................................. $ 5,133,042 94 8 (1) Of the funds allocated for the family development and 94 9 self-sufficiency grant program in this lettered paragraph, not 94 10 more than 5 percent of the funds shall be used for the 94 11 administration of the grant program. 94 12 (2) Based upon the annual evaluation report concerning 94 13 each grantee funded by previously appropriated funds and 94 14 through the solicitation of additional grant proposals, the 94 15 family development and self-sufficiency council may use the 94 16 allocated funds to renew or expand existing grants or award 94 17 new grants. In utilizing the funding allocated in this 94 18 lettered paragraph, the council shall give consideration, in 94 19 addition to other criteria established by the council, to a 94 20 grantee's intended use of local funds with a grant and to 94 21 whether approval of a grant proposal would expand the 94 22 availability of the program's services. 94 23 (3) The department may continue to implement the family 94 24 development and self-sufficiency grant program statewide 94 25 during FY 2002-2003. 94 26 b. For the diversion subaccount of the family investment 94 27 program account: 94 28 .................................................. $ 1,814,000 94 29 (1) Moneys allocated to the diversion subaccount shall be 94 30 used to continue the pilot initiative of providing incentives 94 31 to assist families who meet income eligibility requirements 94 32 for the family investment program in obtaining or retaining 94 33 employment, to assist participant families in overcoming 94 34 barriers to obtaining employment, and to assist families in 94 35 stabilizing employment and in reducing the likelihood of the 95 1 family returning to the family investment program. The 95 2 requirements established and position authorized under 2001 95 3 Iowa Acts, chapter 191, section 3, subsection 5, paragraph 95 4 "c", subparagraph (1), shall remain applicable to the 95 5 initiative for fiscal year 2002-2003. 95 6 (2) Of the moneys allocated to the diversion subaccount, 95 7 not more than $250,000 shall be used to develop or continue 95 8 community-level parental obligation pilot projects. The 95 9 requirements established under 2001 Iowa Acts, chapter 191, 95 10 section 3, subsection 5, paragraph "c", subparagraph (3), 95 11 shall remain applicable to the parental obligation pilot 95 12 projects for fiscal year 2002-2003. 95 13 c. For the food stamp employment and training program: 95 14 .................................................. $ 63,000 95 15 5. Of the child support collections assigned under the 95 16 family investment program, an amount equal to the federal 95 17 share of support collections shall be credited to the child 95 18 support recovery appropriation. Of the remainder of the 95 19 assigned child support collections received by the child 95 20 support recovery unit, a portion shall be credited to the 95 21 family investment program account and a portion may be used to 95 22 increase recoveries. 95 23 6. The department may adopt emergency administrative rules 95 24 for the family investment, food stamp, and medical assistance 95 25 programs, if necessary, to comply with federal requirements. 95 26 Prior to adoption of the rules, the department shall consult 95 27 with the welfare reform council and the chairpersons and 95 28 ranking members of the joint appropriations subcommittee on 95 29 human services. 95 30 7. The department may continue the initiative to 95 31 streamline and simplify the employer verification process for 95 32 applicants, participants, and employers in the administration 95 33 of the department's programs. The department may contract 95 34 with companies collecting data from employers when the 95 35 information is needed in the administration of these programs. 96 1 The department may limit the availability of the initiative on 96 2 the basis of geographic area or number of individuals. 96 3 Sec. 101. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 96 4 is appropriated from the general fund of the state to the 96 5 department of human services for the fiscal year beginning 96 6 July 1, 2002, and ending June 30, 2003, the following amount, 96 7 or so much thereof as is necessary, to be used for the purpose 96 8 designated: 96 9 To be credited to the family investment program account and 96 10 used for family investment program assistance under chapter 96 11 239B: 96 12 .................................................. $ 35,288,782 96 13 1. The department of workforce development, in 96 14 consultation with the department of human services, shall 96 15 continue to utilize recruitment and employment practices to 96 16 include former and current family investment program 96 17 recipients. 96 18 2. The department of human services shall continue to work 96 19 with the department of workforce development and local 96 20 community collaborative efforts to provide support services 96 21 for family investment program participants. The support 96 22 services shall be directed to those participant families who 96 23 would benefit from the support services and are likely to have 96 24 success in achieving economic independence. 96 25 3. Of the funds appropriated in this section, $9,274,143 96 26 is allocated for the JOBS program. 96 27 4. The department shall continue to work with religious 96 28 organizations and other charitable institutions to increase 96 29 the availability of host homes, referred to as second chance 96 30 homes or other living arrangements under the federal Personal 96 31 Responsibility and Work Opportunity Reconciliation Act of 96 32 1996, Pub. L. No. 104-193, } 103. The purpose of the homes or 96 33 arrangements is to provide a supportive and supervised living 96 34 arrangement for minor parents receiving assistance under the 96 35 family investment program who, under chapter 239B, may receive 97 1 assistance while living in an alternative setting other than 97 2 with their parent or legal guardian. 97 3 Sec. 102. EMERGENCY ASSISTANCE. 97 4 1. The emergency assistance funds received in accordance 97 5 with this section and federal moneys appropriated for this 97 6 purpose in this division of this Act shall be available 97 7 beginning October 1, 2002, and shall be provided only if all 97 8 other publicly funded resources have been exhausted. 97 9 Specifically, emergency assistance is the program of last 97 10 resort and shall not supplant assistance provided by the low- 97 11 income home energy assistance program (LIHEAP), county general 97 12 relief, and veterans affairs programs. The department shall 97 13 establish a $500 maximum payment, per family, in a 12-month 97 14 period. The emergency assistance includes, but is not limited 97 15 to, assisting people who face eviction, potential eviction, or 97 16 foreclosure, utility shutoff or fuel shortage, loss of heating 97 17 energy supply or equipment, homelessness, utility or rental 97 18 deposits, or other specified crisis which threatens family or 97 19 living arrangements. The emergency assistance shall be 97 20 available to migrant families who would otherwise meet 97 21 eligibility criteria. The department may contract for the 97 22 administration and delivery of the program. The program shall 97 23 be terminated when funds are exhausted. 97 24 2. a. For the fiscal year beginning July 1, 2002, the 97 25 department shall continue the process for the state to receive 97 26 refunds of utility and rent deposits, including any accrued 97 27 interest, for emergency assistance recipients which were paid 97 28 by persons other than the state. The department shall also 97 29 receive refunds, including any accrued interest, of assistance 97 30 paid with funding available under this program. The refunds 97 31 received by the department under this subsection shall be 97 32 deposited with the moneys of the appropriation made in this 97 33 Act and are appropriated to be used as additional funds for 97 34 the emergency assistance program. 97 35 b. Notwithstanding section 8.33, moneys received by the 98 1 department under this subsection which remain after the 98 2 emergency assistance program is terminated and state or 98 3 federal moneys in the emergency assistance account which 98 4 remain unobligated or unexpended at the close of the fiscal 98 5 year beginning July 1, 2002, shall not revert but shall remain 98 6 available for expenditure when the program resumes operation 98 7 on October 1 in the succeeding fiscal year. 98 8 Sec. 103. CHILD SUPPORT RECOVERY. There is appropriated 98 9 from the general fund of the state to the department of human 98 10 services for the fiscal year beginning July 1, 2002, and 98 11 ending June 30, 2003, the following amount, or so much thereof 98 12 as is necessary, to be used for the purposes designated: 98 13 For child support recovery, including salaries, support, 98 14 maintenance, and miscellaneous purposes and for not more than 98 15 the following full-time equivalent positions: 98 16 .................................................. $ 6,027,801 98 17 ............................................... FTEs 406.40 98 18 1. The director of human services, within the limitations 98 19 of the moneys appropriated in this section, or moneys 98 20 transferred from the family investment program account for 98 21 this purpose, shall establish new positions and add employees 98 22 to the child support recovery unit if the director determines 98 23 that both the current and additional employees together can 98 24 reasonably be expected to maintain or increase net state 98 25 revenue at or beyond the budgeted level. 98 26 2. Nonpublic assistance application fees and other user 98 27 fees received by the child support recovery unit are 98 28 appropriated and shall be used for the purposes of the child 98 29 support recovery program. The director of human services may 98 30 add positions within the limitations of the amount 98 31 appropriated for salaries and support for the positions. 98 32 3. The director of human services, in consultation with 98 33 the department of management and the legislative fiscal 98 34 committee, is authorized to receive and deposit state child 98 35 support incentive earnings in the manner specified under 99 1 applicable federal requirements. 99 2 4. a. The director of human services may establish new 99 3 positions and add state employees to the child support 99 4 recovery unit or contract for delivery of services if the 99 5 director determines the employees are necessary to replace 99 6 county-funded positions eliminated due to termination, 99 7 reduction, or nonrenewal of a chapter 28E contract. However, 99 8 the director must also determine that the resulting increase 99 9 in the state share of child support recovery incentives 99 10 exceeds the cost of the positions or contract, the positions 99 11 or contract are necessary to ensure continued federal funding 99 12 of the program, or the new positions or contract can 99 13 reasonably be expected to recover at least twice the amount of 99 14 money necessary to pay the salaries and support for the new 99 15 positions or the contract will generate at least 200 percent 99 16 of the cost of the contract. 99 17 b. Employees in full-time positions that transition from 99 18 county government to state government employment under this 99 19 subsection are exempt from testing, selection, and appointment 99 20 provisions of chapter 19A and from the provisions of 99 21 collective bargaining agreements relating to the filling of 99 22 vacant positions. 99 23 5. Surcharges paid by obligors and received by the unit as 99 24 a result of the referral of support delinquency by the child 99 25 support recovery unit to any private collection agency are 99 26 appropriated to the department and shall be used to pay the 99 27 costs of any contracts with the collection agencies. 99 28 6. The department shall expend up to $51,000, including 99 29 federal financial participation, for the fiscal year beginning 99 30 July 1, 2002, for a child support public awareness campaign. 99 31 The department and the office of the attorney general shall 99 32 cooperate in continuation of the campaign. The public 99 33 awareness campaign shall emphasize, through a variety of media 99 34 activities, the importance of maximum involvement of both 99 35 parents in the lives of their children as well as the 100 1 importance of payment of child support obligations. 100 2 7. Federal access and visitation grant moneys shall be 100 3 issued directly to private not-for-profit agencies that 100 4 provide services designed to increase compliance with the 100 5 child access provisions of court orders, including but not 100 6 limited to neutral visitation site and mediation services. 100 7 Sec. 104. MEDICAL ASSISTANCE. There is appropriated from 100 8 the general fund of the state to the department of human 100 9 services for the fiscal year beginning July 1, 2002, and 100 10 ending June 30, 2003, the following amount, or so much thereof 100 11 as is necessary, to be used for the purpose designated: 100 12 For medical assistance reimbursement and associated costs 100 13 as specifically provided in the reimbursement methodologies in 100 14 effect on June 30, 2002, except as otherwise expressly 100 15 authorized by law, including reimbursement for abortion 100 16 services, which shall be available under the medical 100 17 assistance program only for those abortions which are 100 18 medically necessary: 100 19 .................................................. $416,607,073 100 20 1. Medically necessary abortions are those performed under 100 21 any of the following conditions: 100 22 a. The attending physician certifies that continuing the 100 23 pregnancy would endanger the life of the pregnant woman. 100 24 b. The attending physician certifies that the fetus is 100 25 physically deformed, mentally deficient, or afflicted with a 100 26 congenital illness. 100 27 c. The pregnancy is the result of a rape which is reported 100 28 within 45 days of the incident to a law enforcement agency or 100 29 public or private health agency which may include a family 100 30 physician. 100 31 d. The pregnancy is the result of incest which is reported 100 32 within 150 days of the incident to a law enforcement agency or 100 33 public or private health agency which may include a family 100 34 physician. 100 35 e. Any spontaneous abortion, commonly known as a 101 1 miscarriage, if not all of the products of conception are 101 2 expelled. 101 3 2. Notwithstanding section 8.39, the department may 101 4 transfer funds appropriated in this section to a separate 101 5 account established in the department's case management unit 101 6 for expenditures required to provide case management services 101 7 for mental health, mental retardation, and developmental 101 8 disabilities services under medical assistance which are 101 9 jointly funded by the state and county, pending final 101 10 settlement of the expenditures. Funds received by the case 101 11 management unit in settlement of the expenditures shall be 101 12 used to replace the transferred funds and are available for 101 13 the purposes for which the funds were appropriated in this 101 14 section. 101 15 3. a. The county of legal settlement shall be billed for 101 16 50 percent of the nonfederal share of the cost of case 101 17 management provided for adults, day treatment, and partial 101 18 hospitalization in accordance with sections 249A.26 and 101 19 249A.27, and 100 percent of the nonfederal share of the cost 101 20 of care for adults which is reimbursed under a federally 101 21 approved home and community-based waiver that would otherwise 101 22 be approved for provision in an intermediate care facility for 101 23 persons with mental retardation, provided under the medical 101 24 assistance program. The state shall have responsibility for 101 25 the remaining 50 percent of the nonfederal share of the cost 101 26 of case management provided for adults, day treatment, and 101 27 partial hospitalization. For persons without a county of 101 28 legal settlement, the state shall have responsibility for 100 101 29 percent of the nonfederal share of the costs of case 101 30 management provided for adults, day treatment, partial 101 31 hospitalization, and the home and community-based waiver 101 32 services. The case management services specified in this 101 33 subsection shall be billed to a county only if the services 101 34 are provided outside of a managed care contract. 101 35 b. The state shall pay the entire nonfederal share of the 102 1 costs for case management services provided to persons 17 102 2 years of age and younger who are served in a medical 102 3 assistance home and community-based waiver program for persons 102 4 with mental retardation. 102 5 c. Medical assistance funding for case management services 102 6 for eligible persons 17 years of age and younger shall also be 102 7 provided to persons residing in counties with child welfare 102 8 decategorization projects implemented in accordance with 102 9 section 232.188, provided these projects have included these 102 10 persons in their service plan and the decategorization project 102 11 county is willing to provide the nonfederal share of costs. 102 12 d. When paying the necessary and legal expenses of 102 13 intermediate care facilities for persons with mental 102 14 retardation (ICFMR), the cost payment requirements of section 102 15 222.60 shall be considered fulfilled when payment is made in 102 16 accordance with the medical assistance payment rates 102 17 established for ICFMRs by the department and the state or a 102 18 county of legal settlement is not obligated for any amount in 102 19 excess of the rates. 102 20 e. Unless a county has paid or is paying for the 102 21 nonfederal share of the cost of a person's home and community- 102 22 based waiver services or ICFMR placement under the county's 102 23 mental health, mental retardation, and developmental 102 24 disabilities services fund, or unless a county of legal 102 25 settlement would become liable for the costs of services at 102 26 the ICFMR level of care for a person due to the person 102 27 reaching the age of majority, the state shall pay the 102 28 nonfederal share of the costs of an eligible person's services 102 29 under the home and community-based waiver for persons with 102 30 brain injury. 102 31 4. The department shall utilize not more than $60,000 of 102 32 the funds appropriated in this section to continue the 102 33 AIDS/HIV health insurance premium payment program as 102 34 established in 1992 Iowa Acts, Second Extraordinary Session, 102 35 chapter 1001, section 409, subsection 6. Of the funds 103 1 allocated in this subsection, not more than $5,000 may be 103 2 expended for administrative purposes. 103 3 5. Of the funds appropriated to the Iowa department of 103 4 public health for substance abuse grants, $950,000 for the 103 5 fiscal year beginning July 1, 2002, shall be transferred to 103 6 the department of human services for an integrated substance 103 7 abuse managed care system. 103 8 6. In administering the medical assistance home and 103 9 community-based waivers, the total number of openings for 103 10 persons with physical disabilities served at any one time 103 11 shall be limited to the number approved for a waiver by the 103 12 secretary of the United States department of health and human 103 13 services. The openings shall be available on a first-come, 103 14 first-served basis. 103 15 7. The department of human services, in consultation with 103 16 the Iowa department of public health and the department of 103 17 education, shall continue the program to utilize the early and 103 18 periodic screening, diagnosis, and treatment (EPSDT) funding 103 19 under medical assistance, to the extent possible, to implement 103 20 the screening component of the EPSDT program through the 103 21 school system. The department may enter into contracts to 103 22 utilize maternal and child health centers, the public health 103 23 nursing program, or school nurses in implementing this 103 24 provision. 103 25 8. The department shall continue the medical assistance 103 26 home and community-based services waiver to allow children 103 27 with mental retardation, who would otherwise require ICF/MR 103 28 care, to be served in out-of-home settings of up to eight beds 103 29 which meet standards established by the department. Up to 103 30 $1,487,314 of the funds appropriated in this section may be 103 31 used for the costs of the waiver. 103 32 9. The department shall continue working with county 103 33 representatives in aggressively implementing the 103 34 rehabilitation option for services to persons with chronic 103 35 mental illness under the medical assistance program, and 104 1 county funding shall be used to provide the match for the 104 2 federal funding, except for individuals with state case 104 3 status, for whom state funding shall provide the match. 104 4 10. If the federal centers for Medicare and Medicaid 104 5 services approves a waiver request from the department, the 104 6 department shall provide a period of 24 months of guaranteed 104 7 eligibility for medical assistance family planning services, 104 8 regardless of the change in circumstances of a woman who was a 104 9 medical assistance recipient when a pregnancy ended. 104 10 11. The department shall aggressively pursue options for 104 11 providing medical assistance or other assistance to 104 12 individuals with special needs who become ineligible to 104 13 continue receiving services under the early and periodic, 104 14 screening, diagnosis, and treatment program under the medical 104 15 assistance program due to becoming 21 years of age, who have 104 16 been approved for additional assistance through the 104 17 department's exception to policy provisions, but who have 104 18 health care needs in excess of the funding available through 104 19 the exception to policy process. 104 20 12. If federal funding is received or if moneys are 104 21 appropriated, the department may participate in a federal home 104 22 telecare pilot program intended to manage health care needs of 104 23 subpopulations of Iowans and specifically including 104 24 subpopulations of Iowans who require high utilization of 104 25 health care services and represent a disproportionate share of 104 26 consumption of health care services. The program shall be 104 27 administered by the Iowa telecare consortium, which is a 104 28 collaboration of public, private, academic, and governmental 104 29 participants. The program may direct telecare services to 104 30 persons with diagnoses of specific nonacute chronic illnesses, 104 31 which may include, but are not limited to, chronic obstructive 104 32 pulmonary disease, congestive heart disease, diabetes, and 104 33 asthma. The program guidelines shall be consistent with those 104 34 specified under 2001 Iowa Acts, chapter 191, section 7, 104 35 subsection 15. 105 1 13. The drug utilization review board shall submit copies 105 2 of the board's annual review, including facts and findings, of 105 3 the drugs on the department's prior authorization list to the 105 4 department and to the members of the joint appropriations 105 5 subcommittee on human services. 105 6 14. The department shall expend the anticipated savings 105 7 for operation of the state maximum allowable cost program for 105 8 pharmaceuticals as additional funding for the medical 105 9 assistance program. 105 10 Sec. 105. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 105 11 is appropriated from the general fund of the state to the 105 12 department of human services for the fiscal year beginning 105 13 July 1, 2002, and ending June 30, 2003, the following amount, 105 14 or so much thereof as is necessary, to be used for the purpose 105 15 designated: 105 16 For administration of the health insurance premium payment 105 17 program, including salaries, support, maintenance, and 105 18 miscellaneous purposes, and for not more than the following 105 19 full-time equivalent positions: 105 20 .................................................. $ 580,044 105 21 ............................................... FTEs 22.00 105 22 Sec. 106. CHILDREN'S HEALTH INSURANCE PROGRAM. There is 105 23 appropriated from the general fund of the state to the 105 24 department of human services for the fiscal year beginning 105 25 July 1, 2002, and ending June 30, 2003, the following amount, 105 26 or so much thereof as is necessary, to be used for the purpose 105 27 designated: 105 28 For maintenance of the healthy and well kids in Iowa (hawk- 105 29 i) program pursuant to chapter 514I for receipt of federal 105 30 financial participation under Title XXI of the federal Social 105 31 Security Act, which creates the state children's health 105 32 insurance program: 105 33 .................................................. $ 9,958,412 105 34 1. The department may transfer funds appropriated in this 105 35 section to be used for the purpose of expanding health care 106 1 coverage to children under the medical assistance program. 106 2 The department shall provide periodic updates to the general 106 3 assembly of expenditures of funds appropriated in this 106 4 section. 106 5 2. Moneys in the hawk-i trust fund are appropriated to the 106 6 department of human services and shall be used to offset any 106 7 program costs for the fiscal year beginning July 1, 2002, and 106 8 ending June 30, 2003. 106 9 Sec. 107. MEDICAL CONTRACTS. There is appropriated from 106 10 the general fund of the state to the department of human 106 11 services for the fiscal year beginning July 1, 2002, and 106 12 ending June 30, 2003, the following amount, or so much thereof 106 13 as is necessary, to be used for the purpose designated: 106 14 For medical contracts: 106 15 .................................................. $ 8,729,141 106 16 1. The department shall receive input and recommendations 106 17 from the chairpersons and ranking members of the joint 106 18 appropriations subcommittee on human services prior to 106 19 entering into or extending any managed care contract for 106 20 mental health or substance abuse services. 106 21 2. In any managed care contract for mental health or 106 22 substance abuse services entered into or extended by the 106 23 department on or after July 1, 2002, the request for proposals 106 24 shall provide for coverage of dual diagnosis mental health and 106 25 substance abuse treatment provided at the state mental health 106 26 institute at Mount Pleasant. To the extent possible, the 106 27 department shall also amend any such contract existing on July 106 28 1, 2002, to provide for such coverage. 106 29 Sec. 108. STATE SUPPLEMENTARY ASSISTANCE. There is 106 30 appropriated from the general fund of the state to the 106 31 department of human services for the fiscal year beginning 106 32 July 1, 2002, and ending June 30, 2003, the following amount, 106 33 or so much thereof as is necessary, to be used for the 106 34 purposes designated: 106 35 For state supplementary assistance and the medical 107 1 assistance home and community-based services waiver rent 107 2 subsidy program: 107 3 .................................................. $ 19,500,000 107 4 1. The department shall increase the personal needs 107 5 allowance for residents of residential care facilities by the 107 6 same percentage and at the same time as federal supplemental 107 7 security income and federal social security benefits are 107 8 increased due to a recognized increase in the cost of living. 107 9 The department may adopt emergency rules to implement this 107 10 subsection. 107 11 2. If during the fiscal year beginning July 1, 2002, the 107 12 department projects that state supplementary assistance 107 13 expenditures for a calendar year will not meet the federal 107 14 pass-along requirement specified in Title XVI of the federal 107 15 Social Security Act, section 1618, as codified in 42 U.S.C. } 107 16 1382g, the department may take actions including but not 107 17 limited to increasing the personal needs allowance for 107 18 residential care facility residents and making programmatic 107 19 adjustments or upward adjustments of the residential care 107 20 facility or in-home health-related care reimbursement rates 107 21 prescribed in this division of this Act to ensure that federal 107 22 requirements are met. The department may adopt emergency 107 23 rules to implement the provisions of this subsection. 107 24 3. The department may use up to $25,000 of the funds 107 25 appropriated in this section for a rent subsidy program for 107 26 adult persons. The requirements under 2001 Iowa Acts, chapter 107 27 191, section 11, subsection 3, shall apply to the program and 107 28 the participants in the program. 107 29 Sec. 109. CHILD CARE ASSISTANCE. There is appropriated 107 30 from the general fund of the state to the department of human 107 31 services for the fiscal year beginning July 1, 2002, and 107 32 ending June 30, 2003, the following amount, or so much thereof 107 33 as is necessary, to be used for the purpose designated: 107 34 For child care programs: 107 35 ................................................. $ 5,050,752 108 1 1. a. Of the funds appropriated in this section, 108 2 $4,414,111 shall be used for state child care assistance in 108 3 accordance with section 237A.13. 108 4 b. During the 2002-2003 fiscal year, the moneys deposited 108 5 in the child care credit fund created in section 237A.28 are 108 6 appropriated to the department to be used for state child care 108 7 assistance in accordance with section 237A.13, in addition to 108 8 the moneys allocated for that purpose in paragraph "a". 108 9 2. Nothing in this section shall be construed or is 108 10 intended as, or shall imply, a grant of entitlement for 108 11 services to persons who are eligible for assistance due to an 108 12 income level consistent with the waiting list requirements of 108 13 section 237A.13. Any state obligation to provide services 108 14 pursuant to this section is limited to the extent of the funds 108 15 appropriated in this section. 108 16 3. Of the funds appropriated in this section, $636,641 is 108 17 allocated for the statewide program for child care resource 108 18 and referral services under section 237A.26. 108 19 4. The department may use any of the funds appropriated in 108 20 this section as a match to obtain federal funds for use in 108 21 expanding child care assistance and related programs. For the 108 22 purpose of expenditures of state and federal child care 108 23 funding, funds shall be considered obligated at the time 108 24 expenditures are projected or are allocated to the 108 25 department's regions. Projections shall be based on current 108 26 and projected caseload growth, current and projected provider 108 27 rates, staffing requirements for eligibility determination and 108 28 management of program requirements including data systems 108 29 management, staffing requirements for administration of the 108 30 program, contractual and grant obligations and any transfers 108 31 to other state agencies, and obligations for decategorization 108 32 or innovation projects. 108 33 5. If the federal government appropriates additional 108 34 funding under the federal child care and development block 108 35 grant than was anticipated would be received for the state 109 1 fiscal year beginning July 1, 2002, in addition to the 109 2 notification requirements for expenditure requirements for 109 3 additional federal funds under 2002 Iowa Acts, House File 109 4 2582, if enacted, the department shall consult with the 109 5 chairpersons and ranking members of the joint appropriations 109 6 subcommittee on human services at least thirty days in advance 109 7 of committing to expenditure of the additional funding. 109 8 Sec. 110. JUVENILE INSTITUTIONS. There is appropriated 109 9 from the general fund of the state to the department of human 109 10 services for the fiscal year beginning July 1, 2002, and 109 11 ending June 30, 2003, the following amounts, or so much 109 12 thereof as is necessary, to be used for the purposes 109 13 designated: 109 14 1. For operation of the Iowa juvenile home at Toledo and 109 15 for salaries, support, maintenance, and for not more than the 109 16 following full-time equivalent positions: 109 17 .................................................. $ 6,414,788 109 18 ............................................... FTEs 134.54 109 19 It is the intent of the general assembly that beginning in 109 20 the fiscal year commencing on July 1, 2003, the Iowa juvenile 109 21 home at Toledo will serve only females. 109 22 2. For operation of the state training school at Eldora 109 23 and for salaries, support, maintenance, and for not more than 109 24 the following full-time equivalent positions: 109 25 .................................................. $ 10,669,447 109 26 ............................................... FTEs 218.53 109 27 3. During the fiscal year beginning July 1, 2002, the 109 28 population levels at the state juvenile institutions shall not 109 29 exceed the population guidelines established under 1990 Iowa 109 30 Acts, chapter 1239, section 21, as adjusted for additional 109 31 beds developed at the institutions. 109 32 4. A portion of the moneys appropriated in this section 109 33 shall be used by the state training school and by the Iowa 109 34 juvenile home for grants for adolescent pregnancy prevention 109 35 activities at the institutions in the fiscal year beginning 110 1 July 1, 2002. 110 2 5. Within the amounts appropriated in this section, the 110 3 department may transfer funds as necessary to best fulfill the 110 4 needs of the institutions provided for in the appropriation. 110 5 Sec. 111. CHILD AND FAMILY SERVICES. There is 110 6 appropriated from the general fund of the state to the 110 7 department of human services for the fiscal year beginning 110 8 July 1, 2002, and ending June 30, 2003, the following amount, 110 9 or so much thereof as is necessary, to be used for the purpose 110 10 designated: 110 11 For child and family services: 110 12 .................................................. $100,351,905 110 13 1. The department may transfer funds appropriated in this 110 14 section as necessary to pay the nonfederal costs of services 110 15 reimbursed under medical assistance or the family investment 110 16 program which are provided to children who would otherwise 110 17 receive services paid under the appropriation in this section. 110 18 The department may transfer funds appropriated in this section 110 19 to the appropriations in this division of this Act for general 110 20 administration and for field operations for resources 110 21 necessary to implement and operate the services funded in this 110 22 section. 110 23 2. a. Of the funds appropriated in this section, up to 110 24 $28,665,950 is allocated as the statewide expenditure target 110 25 under section 232.143 for group foster care maintenance and 110 26 services. 110 27 b. If at any time after September 30, 2002, annualization 110 28 of a service area's current expenditures indicates a service 110 29 area is at risk of exceeding its group foster care expenditure 110 30 target under section 232.143 by more than five percent, the 110 31 department and juvenile court services shall examine all group 110 32 foster care placements in that service area in order to 110 33 identify those which might be appropriate for termination. In 110 34 addition, any aftercare services believed to be needed for the 110 35 children whose placements may be terminated shall be 111 1 identified. The department and juvenile court services shall 111 2 initiate action to set dispositional review hearings for the 111 3 placements identified. In such a dispositional review 111 4 hearing, the juvenile court shall determine whether needed 111 5 aftercare services are available and whether termination of 111 6 the placement is in the best interest of the child and the 111 7 community. 111 8 c. (1) Of the funds appropriated in this section, not 111 9 more than $6,585,993 is allocated as the state match funding 111 10 for psychiatric medical institutions for children. 111 11 (2) The department may transfer all or a portion of the 111 12 amount allocated in this lettered paragraph for psychiatric 111 13 medical institutions for children (PMICs) to the appropriation 111 14 in this division of this Act for medical assistance. 111 15 d. Of the funds allocated in this subsection, $1,370,127 111 16 is allocated as the state match funding for 50 highly 111 17 structured juvenile program beds. If the number of beds 111 18 provided for in this lettered paragraph is not utilized, the 111 19 remaining funds allocated may be used for group foster care. 111 20 e. For the fiscal year beginning July 1, 2002, the 111 21 requirements of section 232.143 applicable to the juvenile 111 22 court and to representatives of the juvenile court shall be 111 23 applicable instead to juvenile court services and to 111 24 representatives of juvenile court services. The 111 25 representatives appointed by the department of human services 111 26 and by juvenile court services to establish the plan to 111 27 contain expenditures for children placed in group foster care 111 28 ordered by the court within the budget target allocated to the 111 29 service area shall establish the plan in a manner so as to 111 30 ensure the moneys allocated to the service area under section 111 31 232.143 shall last the entire fiscal year. Funds for a child 111 32 placed in group foster care shall be considered encumbered for 111 33 the duration of the child's projected or actual length of 111 34 stay, whichever is applicable. 111 35 3. The department shall continue the goal that not more 112 1 than 15 percent of the children placed in foster care funded 112 2 under the federal Social Security Act, Title IV-E, may be 112 3 placed in foster care for a period of more than 24 months. 112 4 4. In accordance with the provisions of section 232.188, 112 5 the department shall continue the program to decategorize 112 6 child welfare services funding in additional counties or 112 7 clusters of counties. 112 8 5. A portion of the funding appropriated in this section 112 9 may be used for emergency family assistance to provide other 112 10 resources required for a family participating in a family 112 11 preservation or reunification project to stay together or to 112 12 be reunified. 112 13 6. Notwithstanding section 234.35, subsection 1, for the 112 14 fiscal year beginning July 1, 2002, state funding for shelter 112 15 care paid pursuant to section 234.35, subsection 1, paragraph 112 16 "h", shall be limited to $7,120,382. 112 17 7. The department shall continue to make adoption 112 18 presubsidy and adoption subsidy payments to adoptive parents 112 19 at the beginning of the month for the current month. 112 20 8. Federal funds received by the state during the fiscal 112 21 year beginning July 1, 2002, as the result of the expenditure 112 22 of state funds appropriated during a previous state fiscal 112 23 year for a service or activity funded under this section, 112 24 shall be used as additional funding for services provided 112 25 under this section. 112 26 9. The department and juvenile court services shall 112 27 continue to develop criteria for the department service area 112 28 administrator and chief juvenile court officer to grant 112 29 exceptions to extend eligibility, within the funds allocated, 112 30 for intensive tracking and supervision and for supervised 112 31 community treatment to delinquent youth beyond age 18 who are 112 32 subject to release from the state training school, a highly 112 33 structured juvenile program, or group foster care. 112 34 10. Of the moneys appropriated in this section, not more 112 35 than $415,135 is allocated to provide clinical assessment 113 1 services as necessary to continue funding of children's 113 2 rehabilitation services under medical assistance in accordance 113 3 with federal law and requirements. The funding allocated is 113 4 the amount projected to be necessary for providing the 113 5 clinical assessment services. 113 6 11. Of the funding appropriated in this section, 113 7 $3,696,285 shall be used for protective child care assistance. 113 8 12. Of the moneys appropriated in this section, up to 113 9 $2,924,183 is allocated for the payment of the expenses of 113 10 court-ordered services provided to juveniles which are a 113 11 charge upon the state pursuant to section 232.141, subsection 113 12 4. 113 13 a. Notwithstanding section 232.141 or any other provision 113 14 of law, the amount allocated in this subsection shall be 113 15 distributed to the judicial districts as determined by the 113 16 state court administrator. The state court administrator 113 17 shall make the determination of the distribution amounts on or 113 18 before June 15, 2002. 113 19 b. Notwithstanding chapter 232 or any other provision of 113 20 law, a district or juvenile court shall not order any service 113 21 which is a charge upon the state pursuant to section 232.141 113 22 if there are insufficient court-ordered services funds 113 23 available in the district court distribution amount to pay for 113 24 the service. The chief juvenile court officer shall encourage 113 25 use of the funds allocated in this subsection such that there 113 26 are sufficient funds to pay for all court-related services 113 27 during the entire year. The chief juvenile court officers 113 28 shall attempt to anticipate potential surpluses and shortfalls 113 29 in the distribution amounts and shall cooperatively request 113 30 the state court administrator to transfer funds between the 113 31 districts' distribution amounts as prudent. 113 32 c. Notwithstanding any provision of law to the contrary, a 113 33 district or juvenile court shall not order a county to pay for 113 34 any service provided to a juvenile pursuant to an order 113 35 entered under chapter 232 which is a charge upon the state 114 1 under section 232.141, subsection 4. 114 2 d. Of the funding allocated in this subsection, not more 114 3 than $100,000 may be used by the judicial branch for 114 4 administration of the requirements under this subsection and 114 5 for travel associated with court-ordered placements which are 114 6 a charge upon the state pursuant to section 232.141, 114 7 subsection 4. 114 8 13. a. Of the funding appropriated in this section, 114 9 $2,927,602 is allocated to provide school-based supervision of 114 10 children adjudicated under chapter 232, including not more 114 11 than $1,463,801 from the allocation in this section for court- 114 12 ordered services. Not more than $15,000 of the funding 114 13 allocated in this subsection may be used for the purpose of 114 14 training. 114 15 b. A portion of the cost of each school-based liaison 114 16 officer shall be paid by the school district or other funding 114 17 source as approved by the chief juvenile court officer. 114 18 14. The department shall maximize the capacity to draw 114 19 federal funding under Title IV-E of the federal Social 114 20 Security Act. 114 21 15. Any unanticipated federal funding that is received 114 22 during the fiscal year due to improvements in the hours 114 23 counted by the judicial branch under the claiming process for 114 24 federal Title IV-E funding are appropriated to the department 114 25 to be used for additional or expanded services and support for 114 26 court-ordered services pursuant to section 232.141. 114 27 Notwithstanding section 8.33, moneys appropriated in this 114 28 subsection that remain unencumbered or unobligated at the 114 29 close of the fiscal year shall not revert but shall remain 114 30 available for expenditure for the purposes designated until 114 31 the close of the succeeding fiscal year. 114 32 16. Notwithstanding section 234.39, subsection 5, and 2000 114 33 Iowa Acts, chapter 1228, section 43, the department may 114 34 operate a subsidized guardianship program if the United States 114 35 department of health and human services approves a waiver 115 1 under Title IV-E of the federal Social Security Act and the 115 2 subsidized guardianship program can be operated without loss 115 3 of Title IV-E funds. 115 4 17. It is the intent of the general assembly that the 115 5 department continue its practice of providing strong support 115 6 for Iowa's nationally recognized initiative of 115 7 decategorization of child welfare funding. 115 8 18. It is the intent of the general assembly that 115 9 administration of the foster care and adoption programs be 115 10 privatized. 115 11 Sec. 112. JUVENILE DETENTION HOME FUND. Moneys deposited 115 12 in the juvenile detention home fund created in section 232.142 115 13 during the fiscal year beginning July 1, 2002, and ending June 115 14 30, 2003, are appropriated to the department of human services 115 15 for the fiscal year beginning July 1, 2002, and ending June 115 16 30, 2003, for distribution as follows: 115 17 1. An amount equal to ten percent of the costs of the 115 18 establishment, improvement, operation, and maintenance of 115 19 county or multicounty juvenile detention homes in the fiscal 115 20 year beginning July 1, 2001. Moneys appropriated for 115 21 distribution in accordance with this paragraph shall be 115 22 allocated among eligible detention homes, prorated on the 115 23 basis of an eligible detention home's proportion of the costs 115 24 of all eligible detention homes in the fiscal year beginning 115 25 July 1, 2001. Notwithstanding section 232.142, subsection 3, 115 26 the financial aid payable by the state under that provision 115 27 for the fiscal year beginning July 1, 2002, shall be limited 115 28 to the amount appropriated for the purposes of this 115 29 subsection. 115 30 2. For renewal of a grant to a county with a population 115 31 between 168,000 and 175,000 for implementation of the county's 115 32 runaway treatment plan under section 232.195: 115 33 .................................................. $ 80,000 115 34 3. For grants to counties implementing a runaway treatment 115 35 plan under section 232.195. 116 1 4. The remainder for additional allocations to county or 116 2 multicounty juvenile detention homes, in accordance with the 116 3 distribution requirements of subsection 1. 116 4 Sec. 113. FAMILY SUPPORT SUBSIDY PROGRAM. There is 116 5 appropriated from the general fund of the state to the 116 6 department of human services for the fiscal year beginning 116 7 July 1, 2002, and ending June 30, 2003, the following amount, 116 8 or so much thereof as is necessary, to be used for the purpose 116 9 designated: 116 10 For the family support subsidy program: 116 11 .................................................. $ 1,979,994 116 12 1. The department may use up to $333,312 of the moneys 116 13 appropriated in this section to continue the children-at-home 116 14 program in current counties, of which not more than $20,000 116 15 shall be used for administrative costs. 116 16 2. Notwithstanding section 225C.38, subsection 1, the 116 17 monthly family support payment amount for the fiscal year 116 18 beginning July 1, 2002, shall remain the same as the payment 116 19 amount in effect on June 30, 2002. 116 20 Sec. 114. CONNER DECREE. There is appropriated from the 116 21 general fund of the state to the department of human services 116 22 for the fiscal year beginning July 1, 2002, and ending June 116 23 30, 2003, the following amount, or so much thereof as is 116 24 necessary, to be used for the purpose designated: 116 25 For building community capacity through the coordination 116 26 and provision of training opportunities in accordance with the 116 27 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 116 28 Iowa, July 14, 1994): 116 29 .................................................. $ 43,582 116 30 Sec. 115. MENTAL HEALTH INSTITUTES. There is appropriated 116 31 from the general fund of the state to the department of human 116 32 services for the fiscal year beginning July 1, 2002, and 116 33 ending June 30, 2003, the following amounts, or so much 116 34 thereof as is necessary, to be used for the purposes 116 35 designated: 117 1 1. For the state mental health institute at Cherokee for 117 2 salaries, support, maintenance, and miscellaneous purposes and 117 3 for not more than the following full-time equivalent 117 4 positions: 117 5 .................................................. $ 13,034,755 117 6 ............................................... FTEs 227.65 117 7 2. For the state mental health institute at Clarinda for 117 8 salaries, support, maintenance, and miscellaneous purposes and 117 9 for not more than the following full-time equivalent 117 10 positions: 117 11 .................................................. $ 7,407,087 117 12 ............................................... FTEs 126.15 117 13 3. For the state mental health institute at Independence 117 14 for salaries, support, maintenance, and miscellaneous purposes 117 15 and for not more than the following full-time equivalent 117 16 positions: 117 17 .................................................. $ 16,924,466 117 18 ............................................... FTEs 333.80 117 19 The state mental health institute at Independence shall 117 20 continue the 30 psychiatric medical institution for children 117 21 (PMIC) beds authorized in section 135H.6, in a manner which 117 22 results in no net state expenditure amount in excess of the 117 23 amount appropriated in this subsection. Counties are not 117 24 responsible for the costs of PMIC services described in this 117 25 subsection. Subject to the approval of the department, with 117 26 the exception of revenues required under section 249A.11 to be 117 27 credited to the appropriation in this division of this Act for 117 28 medical assistance, revenues attributable to the PMIC beds 117 29 described in this subsection for the fiscal year beginning 117 30 July 1, 2002, and ending June 30, 2003, shall be deposited in 117 31 the institute's account, including but not limited to any of 117 32 the following revenues: 117 33 a. The federal share of medical assistance revenue 117 34 received under chapter 249A. 117 35 b. Moneys received through client participation. 118 1 c. Any other revenues directly attributable to the PMIC 118 2 beds. 118 3 4. For the state mental health institute at Mount Pleasant 118 4 for salaries, support, maintenance, and miscellaneous purposes 118 5 and for not more than the following full-time equivalent 118 6 positions: 118 7 .................................................. $ 5,464,038 118 8 ............................................... FTEs 100.07 118 9 a. Funding is provided in this subsection for the state 118 10 mental health institute at Mount Pleasant to continue the dual 118 11 diagnosis mental health and substance abuse program on a net 118 12 budgeting basis in which 50 percent of the actual per diem and 118 13 ancillary services costs are chargeable to the patient's 118 14 county of legal settlement or as a state case, as appropriate. 118 15 Subject to the approval of the department, revenues 118 16 attributable to the dual diagnosis program for the fiscal year 118 17 beginning July 1, 2002, and ending June 30, 2003, shall be 118 18 deposited in the institute's account, including but not 118 19 limited to all of the following revenues: 118 20 (1) Moneys received by the state from billings to counties 118 21 under section 230.20. 118 22 (2) Moneys received from billings to the Medicare program. 118 23 (3) Moneys received from a managed care contractor 118 24 providing services under contract with the department or any 118 25 private third-party payor. 118 26 (4) Moneys received through client participation. 118 27 (5) Any other revenues directly attributable to the dual 118 28 diagnosis program. 118 29 b. The following additional provisions are applicable in 118 30 regard to the dual diagnosis program: 118 31 (1) A county may split the charges between the county's 118 32 mental health, mental retardation, and developmental 118 33 disabilities services fund and the county's budget for 118 34 substance abuse expenditures. 118 35 (2) If an individual is committed to the custody of the 119 1 department of corrections at the time the individual is 119 2 referred for dual diagnosis treatment, the department of 119 3 corrections shall be charged for the costs of treatment. 119 4 (3) Prior to an individual's admission for dual diagnosis 119 5 treatment, the individual shall have been screened through a 119 6 county's single entry point process to determine the 119 7 appropriateness of the treatment. 119 8 (4) A county shall not be chargeable for the costs of 119 9 treatment for an individual enrolled in and authorized by or 119 10 decertified by a managed behavioral care plan under the 119 11 medical assistance program. 119 12 (5) Notwithstanding section 8.33, state mental health 119 13 institute revenues related to the dual diagnosis program that 119 14 remain unencumbered or unobligated at the close of the fiscal 119 15 year shall not revert but shall remain available up to the 119 16 amount which would allow the state mental health institute to 119 17 meet credit obligations owed to counties as a result of year- 119 18 end per diem adjustments for the dual diagnosis program. 119 19 5. Within the funds appropriated in this section, the 119 20 department may transfer funds as necessary to best fulfill the 119 21 needs of the institutes provided for in the appropriation. 119 22 6. As part of the discharge planning process at the state 119 23 mental health institutes, the department shall provide 119 24 assistance in obtaining eligibility for federal supplemental 119 25 security income (SSI) to those individuals whose care at a 119 26 state mental health institute is the financial responsibility 119 27 of the state or a county. 119 28 Sec. 116. STATE RESOURCE CENTERS. There is appropriated 119 29 from the general fund of the state to the department of human 119 30 services for the fiscal year beginning July 1, 2002, and 119 31 ending June 30, 2003, the following amounts, or so much 119 32 thereof as is necessary, to be used for the purposes 119 33 designated: 119 34 1. For the state resource center at Glenwood for salaries, 119 35 support, maintenance, and miscellaneous purposes: 120 1 .................................................. $ 2,218,967 120 2 2. For the state resource center at Woodward for salaries, 120 3 support, maintenance, and miscellaneous purposes: 120 4 .................................................. $ 1,495,985 120 5 3. a. The department shall continue operating the state 120 6 resource centers at Glenwood and Woodward with a net general 120 7 fund appropriation. The amounts allocated in this section are 120 8 the net amounts of state moneys projected to be needed for the 120 9 state resource centers. The purposes of operating with a net 120 10 general fund appropriation are to encourage the state resource 120 11 centers to operate with increased self-sufficiency, to improve 120 12 quality and efficiency, and to support collaborative efforts 120 13 between the state resource centers and counties and other 120 14 funders of services available from the state resource centers. 120 15 The state resource centers shall not be operated under the net 120 16 appropriation in a manner which results in a cost increase to 120 17 the state or cost shifting between the state, the medical 120 18 assistance program, counties, or other sources of funding for 120 19 the state resource centers. Moneys appropriated in this 120 20 section may be used throughout the fiscal year in the manner 120 21 necessary for purposes of cash flow management, and for 120 22 purposes of cash flow management the state resource centers 120 23 may temporarily draw more than the amounts appropriated, 120 24 provided the amounts appropriated are not exceeded at the 120 25 close of the fiscal year. 120 26 b. Subject to the approval of the department, except for 120 27 revenues under section 249A.11, revenues attributable to the 120 28 state resource centers for the fiscal year beginning July 1, 120 29 2002, shall be deposited into each state resource center's 120 30 account, including but not limited to all of the following: 120 31 (1) Moneys received by the state from billings to counties 120 32 under section 222.73. 120 33 (2) The federal share of medical assistance revenue 120 34 received under chapter 249A. 120 35 (3) Federal Medicare program payments. 121 1 (4) Moneys received from client financial participation. 121 2 (5) Other revenues generated from current, new, or 121 3 expanded services which the state resource center is 121 4 authorized to provide. 121 5 c. For the purposes of allocating the salary adjustment 121 6 fund moneys appropriated in another Act, the state resource 121 7 centers shall be considered to be funded entirely with state 121 8 moneys. 121 9 d. Notwithstanding section 8.33, up to $500,000 of a state 121 10 resource center's revenues that remain unencumbered or 121 11 unobligated at the close of the fiscal year shall not revert 121 12 but shall remain available to be used in the succeeding fiscal 121 13 year. 121 14 4. Within the funds appropriated in this section, the 121 15 department may transfer funds as necessary to best fulfill the 121 16 needs of the institutions provided for in the appropriation. 121 17 5. The department may continue to bill for state resource 121 18 center services utilizing a scope of services approach used 121 19 for private providers of ICFMR services, in a manner which 121 20 does not shift costs between the medical assistance program, 121 21 counties, or other sources of funding for the state resource 121 22 centers. 121 23 6. The state resource centers may expand the time limited 121 24 assessment and respite services during the fiscal year. 121 25 7. If the department's administration and the department 121 26 of management concur with a finding by a state resource 121 27 center's superintendent that projected revenues can reasonably 121 28 be expected to pay the salary and support costs for a new 121 29 employee position, or that such costs for adding a particular 121 30 number of new positions for the fiscal year would be less than 121 31 the overtime costs if new positions would not be added, the 121 32 superintendent may add the new position or positions. If the 121 33 vacant positions available to a resource center do not include 121 34 the position classification desired to be filled, the state 121 35 resource center's superintendent may reclassify any vacant 122 1 position as necessary to fill the desired position. The 122 2 superintendents of the state resource centers may, by mutual 122 3 agreement, pool vacant positions and position classifications 122 4 during the course of the fiscal year in order to assist one 122 5 another in filling necessary positions. 122 6 8. If existing capacity limitations are reached in 122 7 operating units, a waiting list is in effect for a service for 122 8 which funding is available to provide the service, and 122 9 facilities for the service can be provided within the 122 10 available funding, a state resource center may open facilities 122 11 and begin implementing the service during fiscal year 2002- 122 12 2003. 122 13 Sec. 117. SPECIAL NEEDS GRANTS. There is appropriated 122 14 from the general fund of the state to the department of human 122 15 services for the fiscal year beginning July 1, 2002, and 122 16 ending June 30, 2003, the following amount, or so much thereof 122 17 as is necessary, to be used for the purpose designated: 122 18 To provide special needs grants to families with a family 122 19 member at home who has a developmental disability or to a 122 20 person with a developmental disability: 122 21 .................................................. $ 48,903 122 22 Grants must be used by a family to defray special costs of 122 23 caring for the family member to prevent out-of-home placement 122 24 of the family member or to provide for independent living 122 25 costs. The grants may be administered by a private nonprofit 122 26 agency which serves people statewide provided that no 122 27 administrative costs are received by the agency. 122 28 Sec. 118. MI/MR/DD STATE CASES. There is appropriated 122 29 from the general fund of the state to the department of human 122 30 services for the fiscal year beginning July 1, 2002, and 122 31 ending June 30, 2003, the following amount, or so much thereof 122 32 as is necessary, to be used for the purpose designated: 122 33 For purchase of local services for persons with mental 122 34 illness, mental retardation, and developmental disabilities 122 35 where the client has no established county of legal 123 1 settlement: 123 2 .................................................. $ 11,671,390 123 3 The general assembly encourages the department to continue 123 4 discussions with the Iowa state association of counties and 123 5 administrators of county central point of coordination offices 123 6 regarding proposals for moving state cases to county budgets. 123 7 Sec. 119. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 123 8 COMMUNITY SERVICES FUND. There is appropriated from the 123 9 general fund of the state to the mental health and 123 10 developmental disabilities community services fund created in 123 11 section 225C.7 for the fiscal year beginning July 1, 2002, and 123 12 ending June 30, 2003, the following amount, or so much thereof 123 13 as is necessary, to be used for the purpose designated: 123 14 For mental health and developmental disabilities community 123 15 services in accordance with this division of this Act: 123 16 ................................................. $ 18,157,352 123 17 1. Of the funds appropriated in this section, $18,127,352 123 18 shall be allocated to counties for funding of community-based 123 19 mental health and developmental disabilities services. The 123 20 moneys shall be allocated to a county as follows: 123 21 a. Fifty percent based upon the county's proportion of the 123 22 state's population of persons with an annual income which is 123 23 equal to or less than the poverty guideline established by the 123 24 federal office of management and budget. 123 25 b. Fifty percent based upon the county's proportion of the 123 26 state's general population. 123 27 2. a. A county shall utilize the funding the county 123 28 receives pursuant to subsection 1 for services provided to 123 29 persons with a disability, as defined in section 225C.2. 123 30 However, no more than 50 percent of the funding shall be used 123 31 for services provided to any one of the service populations. 123 32 b. A county shall use at least 50 percent of the funding 123 33 the county receives under subsection 1 for contemporary 123 34 services provided to persons with a disability, as described 123 35 in rules adopted by the department. 124 1 3. Of the funds appropriated in this section, $30,000 124 2 shall be used to support the Iowa compass program providing 124 3 computerized information and referral services for Iowans with 124 4 disabilities and their families. 124 5 4. a. Funding appropriated for purposes of the federal 124 6 social services block grant is allocated for distribution to 124 7 counties for local purchase of services for persons with 124 8 mental illness or mental retardation or other developmental 124 9 disability. 124 10 b. The funds allocated in this subsection shall be 124 11 expended by counties in accordance with the county's approved 124 12 county management plan. A county without an approved county 124 13 management plan shall not receive allocated funds until the 124 14 county's management plan is approved. 124 15 c. The funds provided by this subsection shall be 124 16 allocated to each county as follows: 124 17 (1) Fifty percent based upon the county's proportion of 124 18 the state's population of persons with an annual income which 124 19 is equal to or less than the poverty guideline established by 124 20 the federal office of management and budget. 124 21 (2) Fifty percent based upon the amount provided to the 124 22 county for local purchase of services in the preceding fiscal 124 23 year. 124 24 5. A county is eligible for funds under this section if 124 25 the county qualifies for a state payment as described in 124 26 section 331.439. 124 27 Sec. 120. PERSONAL ASSISTANCE. There is appropriated from 124 28 the general fund of the state to the department of human 124 29 services for the fiscal year beginning July 1, 2002, and 124 30 ending June 30, 2003, the following amount, or so much thereof 124 31 as is necessary, to be used for the purpose designated: 124 32 For continuation of a pilot project for the personal 124 33 assistance services program in accordance with this section: 124 34 .................................................. $ 161,473 124 35 1. The funds appropriated in this section shall be used to 125 1 continue the pilot project for the personal assistance 125 2 services program under section 225C.46 in an urban and a rural 125 3 area. Not more than 10 percent of the amount appropriated 125 4 shall be used for administrative costs. The pilot project 125 5 shall not be implemented in a manner which would require 125 6 additional county or state costs for assistance provided to an 125 7 individual served under the pilot project. 125 8 2. In accordance with 2001 Iowa Acts, chapter 191, section 125 9 25, subsection 2, new applicants shall not be accepted into 125 10 the pilot project. An individual receiving services under the 125 11 pilot project as of June 30, 2002, shall continue receiving 125 12 services until the individual voluntarily leaves the project 125 13 or until another program with similar services exists. 125 14 Sec. 121. SEXUALLY VIOLENT PREDATORS. There is 125 15 appropriated from the general fund of the state to the 125 16 department of human services for the fiscal year beginning 125 17 July 1, 2002, and ending June 30, 2003, the following amount, 125 18 or so much thereof as is necessary, to be used for the purpose 125 19 designated: 125 20 For costs associated with the commitment and treatment of 125 21 sexually violent predators in the unit located at the state 125 22 mental health institute at Cherokee, including costs of legal 125 23 services and other associated costs, including salaries, 125 24 support, maintenance, and miscellaneous purposes and for not 125 25 more than the following full-time equivalent positions: 125 26 .................................................. $ 3,459,855 125 27 ............................................... FTEs 44.00 125 28 Sec. 122. FIELD OPERATIONS. There is appropriated from 125 29 the general fund of the state to the department of human 125 30 services for the fiscal year beginning July 1, 2002, and 125 31 ending June 30, 2003, the following amount, or so much thereof 125 32 as is necessary, to be used for the purposes designated: 125 33 1. For field operations, including salaries, support, 125 34 maintenance, and miscellaneous purposes and for not more than 125 35 the following full-time equivalent positions: 126 1 .................................................. $ 52,356,098 126 2 ............................................... FTEs 1,920.00 126 3 Priority in filling full-time equivalent positions shall be 126 4 given to those positions related to child protection services. 126 5 2. In implementing the transition from a regional system 126 6 to the service area system established pursuant to 2001 Iowa 126 7 Acts, Second Extraordinary Session, chapter 4, for the fiscal 126 8 year beginning July 1, 2002, and ending June 30, 2003, the 126 9 department shall utilize the service areas and service area 126 10 administrators in lieu of regions and regional administrators, 126 11 notwithstanding the references to department regions or 126 12 regional administrators in sections 232.2, 232.52, 232.68, 126 13 232.72, 232.102, 232.117, 232.127, 232.143, 232.188, 234.35, 126 14 and 237A.3A, or other provision in law. The department shall 126 15 submit proposed legislation under section 2.16 for 126 16 consideration by the Eightieth General Assembly, 2003 Session, 126 17 to correct the references in the necessary Code sections. 126 18 Sec. 123. ADDITIONAL FEDERAL FUNDING FISCAL YEAR 2002- 126 19 2003. 126 20 1. The provisions of this section are applicable for the 126 21 fiscal year beginning July 1, 2002. 126 22 2. It is the intent of the general assembly that the 126 23 director of human services work to secure federal financial 126 24 participation through Titles IV-E and XIX of the federal 126 25 Social Security Act for services and activities that are 126 26 currently funded with state, county, or community moneys. It 126 27 is further intended that the director initially focus on 126 28 securing targeted case management funding under medical 126 29 assistance for state child protection staff and for services 126 30 and activities currently funded with juvenile court services, 126 31 county, or community moneys and state moneys used in 126 32 combination with such moneys. 126 33 3. Additional federal financial participation secured for 126 34 the fiscal year beginning July 1, 2002, and ending June 30, 126 35 2003, is appropriated to the department of human services for 127 1 use as provided in this section. All of the following are 127 2 applicable to the additional federal financial participation 127 3 and efforts made to secure the federal financial 127 4 participation: 127 5 a. The department may pursue federal approval of a state 127 6 plan amendment to use medical assistance funding for targeted 127 7 case management services. The population to be served through 127 8 targeted case management services is children who are at risk 127 9 of maltreatment or who are in need of protective services. 127 10 The funding shall be based on the federal and state moneys 127 11 available under the medical assistance program. For the 127 12 additional federal financial participation received under the 127 13 reimbursement methodology established for the services, a 127 14 distribution plan shall attribute revenue to the cost sources 127 15 upon which the reimbursement rates are based. In addition, of 127 16 the additional federal funds received, a 5 percent set-aside 127 17 shall be used for funding the revenue enhancement activities 127 18 and for service delivery and results improvement efforts. 127 19 b. The director may use part or all of the additional 127 20 federal financial participation received from medical 127 21 assistance claims for child protection staff for full-time 127 22 equivalent state child protection staff positions, including 127 23 child abuse assessment positions, social workers, and support 127 24 positions performing related functions. Positions added in 127 25 accordance with this paragraph "b" are in addition to those 127 26 authorized in the appropriation made in this Act for field 127 27 operations. 127 28 c. The director may also use a portion of the additional 127 29 federal financial participation received from medical 127 30 assistance claims for child protection staff for providing 127 31 grants to communities to support the community partnership 127 32 approach to child protection. Potential grantees may include 127 33 child welfare funding decategorization projects, community 127 34 empowerment area boards, or other community-based entities 127 35 who, in partnership with the local departmental 128 1 administrators, agree to implement the four community 128 2 partnership components. 128 3 4. The department may adopt emergency rules to implement 128 4 the provisions of this section. 128 5 Sec. 124. ADDITIONAL FEDERAL FINANCIAL PARTICIPATION 128 6 FISCAL 2001-2002 AND FISCAL 2002-2003. The first $10 million 128 7 of federal financial participation received under the section 128 8 of this division of this Act providing for the department of 128 9 human services' efforts to secure additional federal funding 128 10 for FY 2002-2003 through Titles IV-E and XIX of the federal 128 11 Social Security Act or from other efforts by the department of 128 12 human services to draw additional federal financial 128 13 participation associated with funds appropriated for child and 128 14 family services in fiscal years 2001-2002 and 2002-2003 shall 128 15 be used in those two fiscal years to offset reductions in 128 16 federal financial participation for child welfare services due 128 17 to changes in federal regulations or interpretations of 128 18 federal regulations, changes in federal cost allocations or 128 19 federal match provisions, or federal sanctions. The 128 20 department may adopt emergency rules to implement the 128 21 provisions of this section. 128 22 Sec. 125. GENERAL ADMINISTRATION. There is appropriated 128 23 from the general fund of the state to the department of human 128 24 services for the fiscal year beginning July 1, 2002, and 128 25 ending June 30, 2003, the following amount, or so much thereof 128 26 as is necessary, to be used for the purpose designated: 128 27 For general administration, including salaries, support, 128 28 maintenance, and miscellaneous purposes and for not more than 128 29 the following full-time equivalent positions: 128 30 ................................................. $ 11,848,605 128 31 .............................................. FTEs 356.00 128 32 1. Of the funds appropriated in this section, $57,000 is 128 33 allocated for the prevention of disabilities policy council 128 34 established in section 225B.3. 128 35 2. The department shall report to the governor, the 129 1 general assembly, the legislative fiscal bureau, and the 129 2 legislative service bureau, within thirty days of notice from 129 3 the source of payment of the future receipt of any bonus, 129 4 incentive, or other payments received from the federal 129 5 government, court settlement payments, and any other payments 129 6 received by the state that may be used to supplement state 129 7 funds appropriated to the department. 129 8 3. If the department proposes an amendment to a state plan 129 9 for a program that is subject to federal approval and the 129 10 amendment would have an effect on state appropriations, unless 129 11 the amendment is adopted as a rule that has been reviewed and 129 12 approved by the administrative rules review committee, the 129 13 amendment shall not be submitted to the federal government for 129 14 consideration unless the fiscal committee of the legislative 129 15 council has adopted a motion recommending implementation of 129 16 the amendment. 129 17 Sec. 126. VOLUNTEERS. There is appropriated from the 129 18 general fund of the state to the department of human services 129 19 for the fiscal year beginning July 1, 2002, and ending June 129 20 30, 2003, the following amount, or so much thereof as is 129 21 necessary, to be used for the purpose designated: 129 22 For development and coordination of volunteer services: 129 23 .................................................. $ 112,033 129 24 Sec. 127. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 129 25 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 129 26 DEPARTMENT OF HUMAN SERVICES. 129 27 1. a. Notwithstanding 2001 Iowa Acts, chapter 192, 129 28 section 4, subsection 2, paragraph "b", the modified price- 129 29 based case-mix reimbursement rate upon which the reimbursement 129 30 rate for nursing facilities is determined shall only include 129 31 an additional inflation factor to the extent of the funding 129 32 budgeted and appropriated specifically for nursing facility 129 33 reimbursement based on a case-mix reimbursement methodology in 129 34 this division of this Act or in other appropriations. Nursing 129 35 facilities reimbursed under the medical assistance program 130 1 shall submit annual cost reports and additional documentation 130 2 as required by rules adopted by the department. 130 3 b. (1) For the fiscal year beginning July 1, 2002, the 130 4 department shall reimburse pharmacy dispensing fees using a 130 5 single rate of $5.17 per prescription or the pharmacy's usual 130 6 and customary fee, whichever is lower. 130 7 (2) The department shall implement a series of prospective 130 8 drug utilization review edits on targeted drugs to facilitate 130 9 the cost effective use of these drugs. The edits shall be 130 10 implemented in a manner that does not change the therapy or 130 11 the therapeutic outcome for the patient. 130 12 (3) The department of human services shall require 130 13 recipients of medical assistance to pay the following 130 14 copayment on each covered drug prescription, including each 130 15 refill as follows: 130 16 (a) A copayment of $1 for each covered generic drug 130 17 prescription. 130 18 (b) A copayment of $1 for each covered brand-name drug 130 19 prescription for which the cost to the state is less than $25. 130 20 (c) A copayment of $2 for each covered brand-name drug 130 21 prescription for which the cost to the state is between $25 130 22 and $50. 130 23 (d) A copayment of $3 for each covered brand-name drug 130 24 prescription for which the cost to the state is over $50. 130 25 c. For the fiscal year beginning July 1, 2002, 130 26 reimbursement rates for inpatient and outpatient hospital 130 27 services shall remain at the rates in effect on June 30, 2002. 130 28 The department shall continue the outpatient hospital 130 29 reimbursement system based upon ambulatory patient groups 130 30 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 130 31 25, subsection 1, paragraph "f". In addition, the department 130 32 shall continue the revised medical assistance payment policy 130 33 implemented pursuant to that paragraph to provide 130 34 reimbursement for costs of screening and treatment provided in 130 35 the hospital emergency room if made pursuant to the 131 1 prospective payment methodology developed by the department 131 2 for the payment of outpatient services provided under the 131 3 medical assistance program. Any rebasing of hospital 131 4 impatient or outpatient rates shall not increase total 131 5 payments for inpatient and outpatient services. 131 6 d. For the fiscal year beginning July 1, 2002, 131 7 reimbursement rates for rural health clinics, hospices, 131 8 independent laboratories, and acute mental hospitals shall be 131 9 increased in accordance with increases under the federal 131 10 Medicare program or as supported by their Medicare audited 131 11 costs. 131 12 e. For the fiscal year beginning July 1, 2002, 131 13 reimbursement rates for home health agencies shall remain at 131 14 the rates in effect on June 30, 2002. 131 15 f. For the fiscal year beginning July 1, 2002, federally 131 16 qualified health centers shall receive cost-based 131 17 reimbursement for 100 percent of the reasonable costs for the 131 18 provision of services to recipients of medical assistance. 131 19 g. Beginning July 1, 2002, the reimbursement rates for 131 20 dental services shall remain at the rates in effect on June 131 21 30, 2002. 131 22 h. Beginning July 1, 2002, the reimbursement rates for 131 23 community mental health centers shall remain at the rates in 131 24 effect on June 30, 2002. 131 25 i. For the fiscal year beginning July 1, 2002, the maximum 131 26 reimbursement rate for psychiatric medical institutions for 131 27 children shall remain at the rate in effect on June 30, 2002, 131 28 based on per day rates for actual costs. 131 29 j. For the fiscal year beginning July 1, 2002, unless 131 30 otherwise specified in this division of this Act, all 131 31 noninstitutional medical assistance provider reimbursement 131 32 rates shall remain at the rates in effect on June 30, 2002, 131 33 except for area education agencies, local education agencies, 131 34 infant and toddler services providers, and those providers 131 35 whose rates are required to be determined pursuant to section 132 1 249A.20. 132 2 k. Notwithstanding section 249A.20, the average 132 3 reimbursement rates for health care providers eligible for use 132 4 of the reimbursement methodology under that section shall 132 5 remain at the rate in effect on June 30, 2002. 132 6 2. For the fiscal year beginning July 1, 2002, the maximum 132 7 cost reimbursement rate for residential care facilities 132 8 reimbursed by the department shall not be less than $25.92 per 132 9 day for the time period of July 1, 2002, through December 31, 132 10 2002, and shall not be less than $26.20 per day for the time 132 11 period of January 1, 2003, through June 30, 2003. The flat 132 12 reimbursement rate for facilities electing not to file 132 13 semiannual cost reports shall not be less than $18.52 per day 132 14 for the time period of July 1, 2002, through December 31, 132 15 2002, and shall not be less than $18.72 per day for the time 132 16 period of January 1, 2003, through June 30, 2003. 132 17 3. For the fiscal year beginning July 1, 2002, the maximum 132 18 reimbursement rate for providers reimbursed under the in-home 132 19 health-related care program shall not be less than $498.29 per 132 20 month for the time period of July 1, 2002, through December 132 21 31, 2002, and shall not be less than $503.67 per month for the 132 22 time period of January 1, 2003, through June 30, 2003. 132 23 4. Unless otherwise directed in this section, when the 132 24 department's reimbursement methodology for any provider 132 25 reimbursed in accordance with this section includes an 132 26 inflation factor, this factor shall not exceed the amount by 132 27 which the consumer price index for all urban consumers 132 28 increased during the calendar year ending December 31, 2001. 132 29 5. Notwithstanding section 234.38, in the fiscal year 132 30 beginning July 1, 2002, the foster family basic daily 132 31 maintenance rate and the maximum adoption subsidy rate for 132 32 children ages 0 through 5 years shall be $14.28, the rate for 132 33 children ages 6 through 11 years shall be $15.07, the rate for 132 34 children ages 12 through 15 years shall be $16.83, and the 132 35 rate for children ages 16 and older shall be $16.83. 133 1 6. For the fiscal year beginning July 1, 2002, the maximum 133 2 reimbursement rates for social service providers shall remain 133 3 at the rates in effect on June 30, 2002. However, the rates 133 4 may be adjusted under any of the following circumstances: 133 5 a. If a new service was added after June 30, 2002, the 133 6 initial reimbursement rate for the service shall be based upon 133 7 actual and allowable costs. 133 8 b. If a social service provider loses a source of income 133 9 used to determine the reimbursement rate for the provider, the 133 10 provider's reimbursement rate may be adjusted to reflect the 133 11 loss of income, provided that the lost income was used to 133 12 support actual and allowable costs of a service purchased 133 13 under a purchase of service contract. 133 14 7. The group foster care reimbursement rates paid for 133 15 placement of children out-of-state shall be calculated 133 16 according to the same rate-setting principles as those used 133 17 for in-state providers unless the director or the director's 133 18 designee determines that appropriate care cannot be provided 133 19 within the state. The payment of the daily rate shall be 133 20 based on the number of days in the calendar month in which 133 21 service is provided. 133 22 8. For the fiscal year beginning July 1, 2002, the 133 23 reimbursement rates for rehabilitative treatment and support 133 24 services providers shall remain at the rates in effect on June 133 25 30, 2002. 133 26 9. For the fiscal year beginning July 1, 2002, the 133 27 combined service and maintenance components of the 133 28 reimbursement rate paid to a shelter care provider shall be 133 29 based on the cost report submitted to the department. The 133 30 maximum reimbursement rate shall be $83.69 per day. The 133 31 department shall reimburse a shelter care provider at the 133 32 provider's actual and allowable unit cost, plus inflation, not 133 33 to exceed the maximum reimbursement rate. 133 34 10. For the fiscal year beginning July 1, 2002, the 133 35 department shall calculate reimbursement rates for 134 1 intermediate care facilities for persons with mental 134 2 retardation at the 80th percentile. 134 3 11. For the fiscal year beginning July 1, 2002, for child 134 4 care providers, the department shall set provider 134 5 reimbursement rates based on the rate reimbursement survey 134 6 completed in December 1998. The department shall set rates in 134 7 a manner so as to provide incentives for a nonregistered 134 8 provider to become registered. 134 9 12. For the fiscal year beginning July 1, 2002, 134 10 reimbursements for providers reimbursed by the department of 134 11 human services may be modified if appropriated funding is 134 12 allocated for that purpose from the senior living trust fund 134 13 created in section 249H.4, or as specified in appropriations 134 14 from the healthy Iowans tobacco trust created in section 134 15 12.65. 134 16 13. The department may adopt emergency rules to implement 134 17 this section. 134 18 Sec. 128. TRANSFER AUTHORITY. Subject to the provisions 134 19 of section 8.39, for the fiscal year beginning July 1, 2002, 134 20 if necessary to meet federal maintenance of effort 134 21 requirements or to transfer federal temporary assistance for 134 22 needy families block grant funding to be used for purposes of 134 23 the federal social services block grant or to meet cash flow 134 24 needs resulting from delays in receiving federal funding or to 134 25 implement, in accordance with this division of this Act, 134 26 targeted case management for child protection and for 134 27 activities currently funded with juvenile court services, 134 28 county, or community moneys and state moneys used in 134 29 combination with such moneys, the department of human services 134 30 may transfer within or between any of the appropriations made 134 31 in this division of this Act and appropriations in law for the 134 32 federal social services block grant to the department for the 134 33 following purposes, provided that the combined amount of state 134 34 and federal temporary assistance for needy families block 134 35 grant funding for each appropriation remains the same before 135 1 and after the transfer: 135 2 1. For the family investment program. 135 3 2. For emergency assistance. 135 4 3. For child care assistance. 135 5 4. For child and family services. 135 6 5. For field operations. 135 7 6. For general administration. 135 8 7. MH/MR/DD/BI community services (local purchase). 135 9 This section shall not be construed to prohibit existing 135 10 state transfer authority for other purposes. 135 11 Sec. 129. FRAUD AND RECOUPMENT ACTIVITIES. During the 135 12 fiscal year beginning July 1, 2002, notwithstanding the 135 13 restrictions in section 239B.14, recovered moneys generated 135 14 through fraud and recoupment activities are appropriated to 135 15 the department of human services to be used for additional 135 16 fraud and recoupment activities performed by the department of 135 17 human services or the department of inspections and appeals, 135 18 and the department of human services may add not more than 135 19 five full-time equivalent positions, in addition to those 135 20 funded in this division of this Act, subject to both of the 135 21 following conditions: 135 22 1. The director of human services determines that the 135 23 investment can reasonably be expected to increase recovery of 135 24 assistance paid in error, due to fraudulent or nonfraudulent 135 25 actions, in excess of the amount recovered in the fiscal year 135 26 beginning July 1, 1997. 135 27 2. The amount expended for the additional fraud and 135 28 recoupment activities shall not exceed the amount of the 135 29 projected increase in assistance recovered. 135 30 Sec. 130. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN 135 31 FY 2001-2002. It is the intent of the general assembly 135 32 that the department evaluate the documentation provisions 135 33 implemented in fiscal year 2001-2002 for medical assistance 135 34 claiming of targeted case management services for children who 135 35 are at risk of maltreatment or who are in need of protective 136 1 services. The purpose of the evaluation is for the department 136 2 to ease the administrative burden on department staff by 136 3 limiting the documentation requirement to those children known 136 4 to be eligible or implementing other appropriate measures. 136 5 Sec. 131. NEW SECTION. 249A.20A NURSING FACILITIES 136 6 DUAL CERTIFICATION REQUIRED. 136 7 Beginning October 1, 2002, all licensed nursing facilities 136 8 shall be certified under both the federal Medicare program and 136 9 the medical assistance program as a condition for 136 10 participation in the medical assistance program. The 136 11 department shall, in consultation with nursing facility 136 12 provider organizations, adopt rules to establish criteria for 136 13 individual exceptions to the dual certification requirement 136 14 under this section. 136 15 Sec. 132. Section 252B.4, subsection 1, Code 2001, is 136 16 amended to read as follows: 136 17 1. The director shall require an application fee offive136 18 twenty-five dollars. 136 19 Sec. 133. 2001 Iowa Acts, chapter 176, section 1, is 136 20 amended to read as follows: 136 21 SECTION 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 136 22 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 136 23 AND ALLOCATIONS. There is appropriated from the general fund 136 24 of the state to the department of human services for the 136 25 fiscal year beginning July 1, 2002, and ending June 30, 2003, 136 26 the following amount, or so much thereof as is necessary, to 136 27 be used for the purpose designated: 136 28 For distribution to counties of the county mental health, 136 29 mental retardation, and developmental disabilities allowed 136 30 growth factor adjustment, as provided in this section in lieu 136 31 of the provisions of section 331.438, subsection 2, and 136 32 section 331.439, subsection 3, and chapter 426B: 136 33 .................................................. $14,874,702136 34 14,500,000 136 35 The funding appropriated in this section is the allowed 137 1 growth factor adjustment for fiscal year 2002-2003, and is 137 2 allocated for distribution as provided by law. 137 3 Sec. 134. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 137 4 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR 137 5 ADJUSTMENT AND ALLOCATIONS DISTRIBUTION FOR FY 2002-2003. 137 6 1. For the fiscal year beginning July 1, 2002, the moneys 137 7 appropriated in 2001 Acts, chapter 176, section 1, as amended 137 8 by this division of this Act, for distribution to counties of 137 9 the county mental health, mental retardation, and 137 10 developmental disabilities allowed growth factor adjustment, 137 11 shall be distributed as provided in this section in lieu of 137 12 the provisions of section 331.438, subsection 2, and section 137 13 331.439, subsection 3, and chapter 426B, as follows: 137 14 a. The first $2,000,000 shall be credited to the risk pool 137 15 created in the property tax relief fund and shall be 137 16 distributed pursuant to section 426B.5, subsection 2. 137 17 b. The remaining $12,500,000 shall be distributed as 137 18 provided in this section. 137 19 2. The following formula amounts shall be utilized only to 137 20 calculate preliminary distribution amounts for fiscal year 137 21 2002-2003 under this section by applying the indicated formula 137 22 provisions to the formula amounts and producing a preliminary 137 23 distribution total for each county: 137 24 a. For calculation of an allowed growth factor adjustment 137 25 amount for each county in accordance with the formula in 137 26 section 331.438, subsection 2, paragraph "b": 137 27 .................................................. $ 12,000,000 137 28 b. For calculation of a distribution amount for eligible 137 29 counties from the per capita expenditure target pool created 137 30 in the property tax relief fund in accordance with the 137 31 requirements in section 426B.5, subsection 1: 137 32 .................................................. $ 12,492,712 137 33 c. For calculation of a distribution amount for counties 137 34 from the mental health and developmental disabilities (MH/DD) 137 35 community services fund in accordance with the formula 138 1 provided in this division of this Act: 138 2 .................................................. $ 18,127,352 138 3 3. Notwithstanding any contrary provisions of sections 138 4 225C.7, 331.438, subsection 2, 331.439, subsection 3, and 138 5 426B.5, the moneys allocated for distribution in subsection 1, 138 6 paragraph "b", and in any other Act of the Seventy-ninth 138 7 General Assembly, 2002 Session, for distribution to counties 138 8 in the fiscal year beginning July 1, 2002, for purposes of the 138 9 mental health and developmental disabilities (MH/DD) community 138 10 services fund under section 225C.7, and for the allowed growth 138 11 factor adjustment for services paid under a county's section 138 12 331.424A mental health, mental retardation, and developmental 138 13 disabilities services fund and as calculated under subsection 138 14 2 to produce preliminary distribution amounts for counties 138 15 shall be subject to withholding as provided in this section. 138 16 4. After applying the applicable statutory distribution 138 17 formulas to the amounts indicated in subsection 2 for purposes 138 18 of formula calculations to produce preliminary distribution 138 19 totals, the department of human services shall apply a 138 20 withholding factor to adjust an eligible individual county's 138 21 preliminary distribution total. An ending balance percentage 138 22 for each county shall be determined by expressing the county's 138 23 ending balance on a modified accrual basis under generally 138 24 accepted accounting principles for the fiscal year beginning 138 25 July 1, 2001, in the county's mental health, mental 138 26 retardation, and developmental disabilities services fund 138 27 created under section 331.424A, as a percentage of the 138 28 county's gross expenditures from that fund for that fiscal 138 29 year. The withholding factor for a county shall be the 138 30 following applicable percent: 138 31 a. For an ending balance percentage of less than 10 138 32 percent, a withholding factor of 0 percent. 138 33 b. For an ending balance percentage of 10 through 24 138 34 percent, a withholding factor of 25 percent. 138 35 c. For an ending balance percentage of 25 through 34 139 1 percent, a withholding factor of 60 percent. 139 2 d. For an ending balance percentage of 35 through 44 139 3 percent, a withholding factor of 85 percent. 139 4 e. For an ending balance percentage of 45 percent or more, 139 5 a withholding factor of 100 percent. 139 6 5. The total withholding amounts applied pursuant to 139 7 subsection 4 shall be equal to a withholding target amount of 139 8 $11,992,712 and the appropriation made in this division of 139 9 this Act for the MH/DD community services fund and the 139 10 appropriation made in 2001 Iowa Acts, chapter 176, section 1, 139 11 as amended by this division of this Act shall be reduced by 139 12 the amount necessary to attain the withholding target amount. 139 13 If the department of human services determines that the amount 139 14 to be withheld in accordance with subsection 4 is not equal to 139 15 the target withholding amount, the department shall adjust the 139 16 withholding factors listed in subsection 4 as necessary to 139 17 achieve the withholding target amount. However, in making 139 18 such adjustments to the withholding factors, the department 139 19 shall strive to minimize changes to the withholding factors 139 20 for those ending balance percentage ranges that are lower than 139 21 others and shall not adjust the zero withholding factor 139 22 specified in subsection 4, paragraph "a". 139 23 6. A county must comply with the December 1, 2002, filing 139 24 deadline for the county annual financial report in accordance 139 25 with section 331.403. The amount that would otherwise be 139 26 available for distribution to a county that fails to so comply 139 27 shall be proportionately distributed among the eligible 139 28 counties. 139 29 7. The department of human services shall authorize the 139 30 issuance of warrants payable to the county treasurer for the 139 31 distribution amounts due the counties eligible under this 139 32 section and notwithstanding prior practice for the MH/DD 139 33 community services fund, the warrants shall be issued in 139 34 January 2003. 139 35 Sec. 135. EMERGENCY RULES. If specifically authorized by 140 1 a provision of this division of this Act, the department of 140 2 human services or the mental health and developmental 140 3 disabilities commission may adopt administrative rules under 140 4 section 17A.4, subsection 2, and section 17A.5, subsection 2, 140 5 paragraph "b", to implement the provisions and the rules shall 140 6 become effective immediately upon filing or on a later 140 7 effective date specified in the rules, unless the effective 140 8 date is delayed by the administrative rules review committee. 140 9 Any rules adopted in accordance with this section shall not 140 10 take effect before the rules are reviewed by the 140 11 administrative rules review committee. The delay authority 140 12 provided to the administrative rules review committee under 140 13 section 17A.4, subsection 5, and section 17A.8, subsection 9, 140 14 shall be applicable to a delay imposed under this section, 140 15 notwithstanding a provision in those sections making them 140 16 inapplicable to section 17A.5, subsection 2, paragraph "b". 140 17 Any rules adopted in accordance with the provisions of this 140 18 section shall also be published as notice of intended action 140 19 as provided in section 17A.4. 140 20 Sec. 136. REPORTS. 140 21 1. Any reports or information required to be compiled and 140 22 submitted under this division of this Act shall be submitted 140 23 to the chairpersons and ranking members of the joint 140 24 appropriations subcommittee on human services, the legislative 140 25 fiscal bureau, the legislative service bureau, and to the 140 26 legislative caucus staffs on or before the dates specified for 140 27 submission of the reports or information. 140 28 2. In order to reduce mailing and paper processing costs, 140 29 the department shall provide, to the extent feasible, reports, 140 30 notices, minutes, and other documents by electronic means to 140 31 those persons who have the capacity to access the documents in 140 32 that manner. 140 33 Sec. 137. LAW INAPPLICABLE FOR FISCAL YEAR 2002-2003. 140 34 1. The following provisions in Code or rule shall be 140 35 suspended for the period beginning July 1, 2002, and ending 141 1 June 30, 2003: 141 2 a. The requirements of section 239B.2A, relating to school 141 3 attendance by children participating in the family investment 141 4 program. 141 5 b. For a case permanency plan, as defined in section 141 6 232.2, the requirement for a six-month case permanency plan 141 7 review for an intact family. In addition, the department of 141 8 human services may implement a shortened case permanency plan 141 9 format tailored to meet compliance issues. 141 10 c. The requirements of section 225C.42, relating to an 141 11 annual evaluation of the family support subsidy program. 141 12 2. The department may adopt emergency rules to implement 141 13 the provisions of this section. 141 14 Sec. 138. MEDICAL ASSISTANCE PROGRAM REPAYMENT OF 141 15 SENIOR LIVING TRUST FUND FOR FY 2001-2002. If moneys 141 16 appropriated for the medical assistance program for the fiscal 141 17 year beginning July 1, 2001, and ending June 30, 2002, from 141 18 the general fund of the state, the tobacco settlement trust 141 19 fund, the healthy Iowans tobacco trust fund, the senior living 141 20 trust fund, and the hospital trust fund are in excess of 141 21 actual expenditures for the medical assistance program and 141 22 remain available at the close of the fiscal year, the excess 141 23 moneys in an amount not to exceed the amount appropriated from 141 24 the senior living trust fund for the medical assistance 141 25 program for the fiscal year beginning July 1, 2001, which have 141 26 not otherwise been repaid, shall be transferred to the senior 141 27 living trust fund created in section 249H.4. 141 28 Sec. 139. MEDICAL ASSISTANCE PROGRAM REPAYMENT OF 141 29 SENIOR LIVING TRUST FUND FOR FY 2002-2003. If moneys 141 30 appropriated for the medical assistance program for the fiscal 141 31 year beginning July 1, 2002, and ending June 30, 2003, from 141 32 the general fund of the state, the tobacco settlement trust 141 33 fund, the healthy Iowans tobacco trust fund, the senior living 141 34 trust fund, and the hospital trust fund are in excess of 141 35 actual expenditures for the medical assistance program and 142 1 remain available at the close of the fiscal year, the excess 142 2 moneys, not to exceed the amount appropriated from the senior 142 3 living trust fund for the medical assistance program for the 142 4 fiscal years beginning July 1, 2001, and July 1, 2002, which 142 5 have not otherwise been repaid, shall be transferred to the 142 6 senior living trust fund created in section 249H.4. 142 7 Sec. 140. EFFECTIVE DATES. The following provisions of 142 8 this division of this Act, being deemed of immediate 142 9 importance, take effect upon enactment: 142 10 1. The provision under the appropriation for child and 142 11 family services, relating to requirements of section 232.143 142 12 for representatives of the department of human services and 142 13 juvenile court services to establish a plan for continuing 142 14 group foster care expenditures for the 2002-2003 fiscal year. 142 15 2. The provision under the appropriation for child and 142 16 family services, relating to the state court administrator 142 17 determining allocation of court-ordered services funding by 142 18 June 15, 2002. 142 19 3. The provision relating to the evaluation of 142 20 documentation for targeted case management services for 142 21 children in fiscal year 2001-2002. 142 22 4. The provision relating to obtaining additional federal 142 23 financial participation for fiscal year 2001-2002 and fiscal 142 24 year 2002-2003. 142 25 5. The provision relating to repayment of the senior 142 26 living trust fund for fiscal year 2001-2002. 142 27 6. The provision enacting new section 249A.20A relating to 142 28 dual certification of nursing facilities. 142 29 DIVISION VII 142 30 JUSTICE SYSTEM 142 31 Sec. 141. DEPARTMENT OF JUSTICE. There is appropriated 142 32 from the general fund of the state to the department of 142 33 justice for the fiscal year beginning July 1, 2002, and ending 142 34 June 30, 2003, the following amounts, or so much thereof as is 142 35 necessary, to be used for the purposes designated: 143 1 1. For the general office of attorney general for 143 2 salaries, support, maintenance, miscellaneous purposes 143 3 including odometer fraud enforcement, and for not more than 143 4 the following full-time equivalent positions: 143 5 .................................................. $ 7,143,891 143 6 ............................................... FTEs 200.48 143 7 2. For the prosecuting attorney training program for 143 8 salaries, support, maintenance, miscellaneous purposes, and 143 9 for not more than the following full-time equivalent 143 10 positions: 143 11 .................................................. $ 272,819 143 12 ............................................... FTEs 6.00 143 13 3. In addition to the funds appropriated in subsection 1, 143 14 there is appropriated from the general fund of the state to 143 15 the department of justice for the fiscal year beginning July 143 16 1, 2002, and ending June 30, 2003, an amount not exceeding 143 17 $200,000 to be used for the enforcement of the Iowa 143 18 competition law. The funds appropriated in this subsection 143 19 are contingent upon receipt by the general fund of the state 143 20 of an amount at least equal to the expenditure amount from 143 21 either damages awarded to the state or a political subdivision 143 22 of the state by a civil judgment under chapter 553, if the 143 23 judgment authorizes the use of the award for enforcement 143 24 purposes or costs or attorneys fees awarded the state in state 143 25 or federal antitrust actions. However, if the amounts 143 26 received as a result of these judgments are in excess of 143 27 $200,000, the excess amounts shall not be appropriated to the 143 28 department of justice pursuant to this subsection. 143 29 4. In addition to the funds appropriated in subsection 1, 143 30 there is appropriated from the general fund of the state to 143 31 the department of justice for the fiscal year beginning July 143 32 1, 2002, and ending June 30, 2003, an amount not exceeding 143 33 $400,000 to be used for public education relating to consumer 143 34 fraud and for enforcement of section 714.16, and an amount not 143 35 exceeding $75,000 for investigation, prosecution, and consumer 144 1 education relating to consumer and criminal fraud against 144 2 older Iowans. The funds appropriated in this subsection are 144 3 contingent upon receipt by the general fund of the state of an 144 4 amount at least equal to the expenditure amount from damages 144 5 awarded to the state or a political subdivision of the state 144 6 by a civil consumer fraud judgment or settlement, if the 144 7 judgment or settlement authorizes the use of the award for 144 8 public education on consumer fraud. However, if the funds 144 9 received as a result of these judgments and settlements are in 144 10 excess of $475,000, the excess funds shall not be appropriated 144 11 to the department of justice pursuant to this subsection. 144 12 5. For victim assistance grants and for not more than the 144 13 following full-time equivalent positions: 144 14 .................................................. $ 1,711,189 144 15 .............................................. FTEs 2.00 144 16 a. The funds appropriated in this subsection shall be used 144 17 to provide grants to care providers providing services to 144 18 crime victims of domestic abuse or to crime victims of rape 144 19 and sexual assault. 144 20 b. Notwithstanding sections 8.33 and 8.39, moneys 144 21 appropriated in this subsection that remain unencumbered or 144 22 unobligated at the close of the fiscal year shall not revert 144 23 but shall remain available for expenditure during the 144 24 subsequent fiscal year for the same purpose, and shall not be 144 25 transferred to any other program. 144 26 6. For the ODCP prosecuting attorney program and for not 144 27 more than the following full-time equivalent positions: 144 28 .................................................. $ 118,451 144 29 ............................................... FTEs 2.00 144 30 7. The balance of the victim compensation fund established 144 31 in section 915.94 may be used to provide salary and support of 144 32 not more than 22.0 FTEs and to provide maintenance for the 144 33 victim compensation functions of the department of justice. 144 34 8. The department of justice shall submit monthly 144 35 financial statements to the legislative fiscal bureau and the 145 1 department of management containing all appropriated accounts 145 2 in the same manner as provided in the monthly financial status 145 3 reports and personal services usage reports of the department 145 4 of revenue and finance. The monthly financial statements 145 5 shall include comparisons of the moneys and percentage spent 145 6 of budgeted to actual revenues and expenditures on a 145 7 cumulative basis for full-time equivalent positions and 145 8 available moneys. 145 9 9. a. The department of justice, in submitting budget 145 10 estimates for the fiscal year commencing July 1, 2003, 145 11 pursuant to section 8.23, shall include a report of funding 145 12 from sources other than amounts appropriated directly from the 145 13 general fund of the state to the department of justice or to 145 14 the office of consumer advocate. These funding sources shall 145 15 include, but are not limited to, reimbursements from other 145 16 state agencies, commissions, boards, or similar entities, and 145 17 reimbursements from special funds or internal accounts within 145 18 the department of justice. The department of justice shall 145 19 report actual reimbursements for the fiscal year commencing 145 20 July 1, 2001, and actual and expected reimbursements for the 145 21 fiscal year commencing July 1, 2002. 145 22 b. The department of justice shall include the report 145 23 required under paragraph "a", as well as information regarding 145 24 any revisions occurring as a result of reimbursements actually 145 25 received or expected at a later date, in a report to the co- 145 26 chairpersons and ranking members of the joint appropriations 145 27 subcommittee on the justice system and the legislative fiscal 145 28 bureau. The department of justice shall submit the report on 145 29 or before January 15, 2003. 145 30 10. For legal services for persons in poverty grants as 145 31 provided in section 13.34: 145 32 .................................................. $ 593,910 145 33 As a condition for accepting a grant funded pursuant to 145 34 this subsection, an organization receiving a grant shall 145 35 submit a report to the general assembly by January 1, 2003, 146 1 concerning the use of any grants received during the previous 146 2 fiscal year and efforts made by the organization to find 146 3 alternative sources of revenue to replace any reductions in 146 4 federal funding for the organization. 146 5 Sec. 142. DEPARTMENT OF JUSTICE ENVIRONMENTAL CRIMES 146 6 INVESTIGATION AND PROSECUTION FUNDING. There is 146 7 appropriated from the environmental crime fund of the 146 8 department of justice, consisting of court-ordered fines and 146 9 penalties awarded to the department arising out of the 146 10 prosecution of environmental crimes, to the department of 146 11 justice for the fiscal year beginning July 1, 2002, and ending 146 12 June 30, 2003, an amount not exceeding $20,000 to be used by 146 13 the department, at the discretion of the attorney general, for 146 14 the investigation and prosecution of environmental crimes, 146 15 including the reimbursement of expenses incurred by county, 146 16 municipal, and other local governmental agencies cooperating 146 17 with the department in the investigation and prosecution of 146 18 environmental crimes. 146 19 The funds appropriated in this section are contingent upon 146 20 receipt by the environmental crime fund of the department of 146 21 justice of an amount at least equal to the appropriations made 146 22 in this section and received from contributions, court-ordered 146 23 restitution as part of judgments in criminal cases, and 146 24 consent decrees entered into as part of civil or regulatory 146 25 enforcement actions. However, if the funds received during 146 26 the fiscal year are in excess of $20,000, the excess funds 146 27 shall be deposited in the general fund of the state. 146 28 Notwithstanding section 8.33, moneys appropriated in this 146 29 section that remain unexpended or unobligated at the close of 146 30 the fiscal year shall not revert but shall remain available 146 31 for expenditure for the purpose designated until the close of 146 32 the succeeding fiscal year. 146 33 Sec. 143. OFFICE OF CONSUMER ADVOCATE. There is 146 34 appropriated from the general fund of the state to the office 146 35 of consumer advocate of the department of justice for the 147 1 fiscal year beginning July 1, 2002, and ending June 30, 2003, 147 2 the following amount, or so much thereof as is necessary, to 147 3 be used for the purposes designated: 147 4 For salaries, support, maintenance, miscellaneous purposes, 147 5 and for not more than the following full-time equivalent 147 6 positions: 147 7 .................................................. $ 2,443,903 147 8 ............................................... FTEs 33.00 147 9 Sec. 144. DEPARTMENT OF CORRECTIONS FACILITIES. There 147 10 is appropriated from the general fund of the state to the 147 11 department of corrections for the fiscal year beginning July 147 12 1, 2002, and ending June 30, 2003, the following amounts, or 147 13 so much thereof as is necessary, to be used for the purposes 147 14 designated: 147 15 1. For the operation of adult correctional institutions, 147 16 reimbursement of counties for certain confinement costs, and 147 17 federal prison reimbursement, to be allocated as follows: 147 18 a. For the operation of the Fort Madison correctional 147 19 facility, including salaries, support, maintenance, employment 147 20 of correctional officers, miscellaneous purposes, and for not 147 21 more than the following full-time equivalent positions: 147 22 .................................................. $ 32,168,605 147 23 ............................................... FTEs 543.69 147 24 It is the intent of the general assembly to operate a 147 25 special needs unit at the Fort Madison correctional facility 147 26 at a capacity of 200 beds when funding constraints are 147 27 eliminated. 147 28 b. For the operation of the Anamosa correctional facility, 147 29 including salaries, support, maintenance, employment of 147 30 correctional officers and a part-time chaplain to provide 147 31 religious counseling to inmates of a minority race, 147 32 miscellaneous purposes, and for not more than the following 147 33 full-time equivalent positions: 147 34 .................................................. $ 23,786,629 147 35 ............................................... FTEs 379.75 148 1 Moneys are provided within this appropriation for one full- 148 2 time substance abuse counselor for the Luster Heights 148 3 facility, for the purpose of certification of a substance 148 4 abuse program at that facility. 148 5 c. For the operation of the Oakdale correctional facility, 148 6 including salaries, support, maintenance, employment of 148 7 correctional officers, miscellaneous purposes, and for not 148 8 more than the following full-time equivalent positions: 148 9 .................................................. $ 21,497,363 148 10 ............................................... FTEs 328.50 148 11 d. For the operation of the Newton correctional facility, 148 12 including salaries, support, maintenance, employment of 148 13 correctional officers, miscellaneous purposes, and for not 148 14 more than the following full-time equivalent positions: 148 15 .................................................. $ 22,538,275 148 16 ............................................... FTEs 371.25 148 17 e. For the operation of the Mt. Pleasant correctional 148 18 facility, including salaries, support, maintenance, employment 148 19 of correctional officers and a full-time chaplain to provide 148 20 religious counseling at the Oakdale and Mt. Pleasant 148 21 correctional facilities, miscellaneous purposes, and for not 148 22 more than the following full-time equivalent positions: 148 23 .................................................. $ 21,161,133 148 24 ............................................... FTEs 330.56 148 25 f. For the operation of the Rockwell City correctional 148 26 facility, including salaries, support, maintenance, employment 148 27 of correctional officers, miscellaneous purposes, and for not 148 28 more than the following full-time equivalent positions: 148 29 .................................................. $ 7,268,049 148 30 ............................................... FTEs 110.00 148 31 g. For the operation of the Clarinda correctional 148 32 facility, including salaries, support, maintenance, employment 148 33 of correctional officers, miscellaneous purposes, and for not 148 34 more than the following full-time equivalent positions: 148 35 .................................................. $ 18,326,306 149 1 ............................................... FTEs 291.76 149 2 Moneys received by the department of corrections as 149 3 reimbursement for services provided to the Clarinda youth 149 4 corporation are appropriated to the department and shall be 149 5 used for the purpose of operating the Clarinda correctional 149 6 facility. 149 7 h. For the operation of the Mitchellville correctional 149 8 facility, including salaries, support, maintenance, employment 149 9 of correctional officers, miscellaneous purposes, and for not 149 10 more than the following full-time equivalent positions: 149 11 .................................................. $ 12,024,416 149 12 ............................................... FTEs 215.50 149 13 i. For the operation of the Fort Dodge correctional 149 14 facility, including salaries, support, maintenance, employment 149 15 of correctional officers, miscellaneous purposes, and for not 149 16 more than the following full-time equivalent positions: 149 17 .................................................. $ 24,379,674 149 18 ............................................... FTEs 395.00 149 19 j. For reimbursement of counties for temporary confinement 149 20 of work release and parole violators, as provided in sections 149 21 901.7, 904.908, and 906.17 and for offenders confined pursuant 149 22 to section 904.513: 149 23 .................................................. $ 674,954 149 24 k. For federal prison reimbursement, reimbursements for 149 25 out-of-state placements, and miscellaneous contracts: 149 26 .................................................. $ 241,293 149 27 The department of corrections shall use funds appropriated 149 28 in this subsection to continue to contract for the services of 149 29 a Muslim imam. 149 30 2. a. If the inmate tort claim fund for inmate claims of 149 31 less than $100 is exhausted during the fiscal year, sufficient 149 32 funds shall be transferred from the institutional budgets to 149 33 pay approved tort claims for the balance of the fiscal year. 149 34 The warden or superintendent of each institution or 149 35 correctional facility shall designate an employee to receive, 150 1 investigate, and recommend whether to pay any properly filed 150 2 inmate tort claim for less than the above amount. The 150 3 designee's recommendation shall be approved or denied by the 150 4 warden or superintendent and forwarded to the department of 150 5 corrections for final approval and payment. The amounts 150 6 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 150 7 234, section 304, subsection 2, are not subject to reversion 150 8 under section 8.33. 150 9 b. Tort claims denied at the institution shall be 150 10 forwarded to the state appeal board for their consideration as 150 11 if originally filed with that body. This procedure shall be 150 12 used in lieu of chapter 669 for inmate tort claims of less 150 13 than $100. 150 14 3. It is the intent of the general assembly that the 150 15 department of corrections shall timely fill correctional 150 16 positions authorized for correctional facilities pursuant to 150 17 this section. 150 18 Sec. 145. DEPARTMENT OF CORRECTIONS ADMINISTRATION. 150 19 There is appropriated from the general fund of the state to 150 20 the department of corrections for the fiscal year beginning 150 21 July 1, 2002, and ending June 30, 2003, the following amounts, 150 22 or so much thereof as is necessary, to be used for the 150 23 purposes designated: 150 24 1. For general administration, including salaries, 150 25 support, maintenance, employment of an education director and 150 26 clerk to administer a centralized education program for the 150 27 correctional system, miscellaneous purposes, and for not more 150 28 than the following full-time equivalent positions: 150 29 .................................................. $ 2,666,224 150 30 ............................................... FTEs 42.18 150 31 Notwithstanding section 904.108, for the fiscal year 150 32 beginning July 1, 2002, and ending June 30, 2003, the 150 33 correctional training center need not be maintained at the 150 34 Mount Pleasant correctional facility. 150 35 a. The department shall monitor the use of the 151 1 classification model by the judicial district departments of 151 2 correctional services and has the authority to override a 151 3 district department's decision regarding classification of 151 4 community-based clients. The department shall notify a 151 5 district department of the reasons for the override. 151 6 b. It is the intent of the general assembly that as a 151 7 condition of receiving the appropriation provided in this 151 8 subsection, the department of corrections shall not, except as 151 9 otherwise provided in paragraph "c", enter into a new 151 10 contract, unless the contract is a renewal of an existing 151 11 contract, for the expenditure of moneys in excess of $100,000 151 12 during the fiscal year beginning July 1, 2002, for the 151 13 privatization of services performed by the department using 151 14 state employees as of July 1, 2002, or for the privatization 151 15 of new services by the department, without prior consultation 151 16 with any applicable state employee organization affected by 151 17 the proposed new contract and prior notification of the 151 18 cochairpersons and ranking members of the joint appropriations 151 19 subcommittee on the justice system. 151 20 c. It is the intent of the general assembly that each 151 21 lease negotiated by the department of corrections with a 151 22 private corporation for the purpose of providing private 151 23 industry employment of inmates in a correctional institution 151 24 shall prohibit the private corporation from utilizing inmate 151 25 labor for partisan political purposes for any person seeking 151 26 election to public office in this state and that a violation 151 27 of this requirement shall result in a termination of the lease 151 28 agreement. 151 29 d. It is the intent of the general assembly that as a 151 30 condition of receiving the appropriation provided in this 151 31 subsection, the department of corrections shall not enter into 151 32 a lease or contractual agreement pursuant to section 904.809 151 33 with a private corporation for the use of building space for 151 34 the purpose of providing inmate employment without providing 151 35 that the terms of the lease or contract establish safeguards 152 1 to restrict, to the greatest extent feasible, access by 152 2 inmates working for the private corporation to personal 152 3 identifying information of citizens. 152 4 e. It is the intent of the general assembly that as a 152 5 condition of receiving the appropriation provided in this 152 6 subsection, the department of corrections shall not enter into 152 7 any new agreement with a private for-profit agency or 152 8 corporation for the purpose of transferring inmates under the 152 9 custody of the department to a jail or correctional facility 152 10 or institution in this state which is established, maintained, 152 11 or operated by a private for-profit agency or corporation 152 12 without prior approval by the general assembly. 152 13 2. For educational programs for inmates at state penal 152 14 institutions: 152 15 .................................................. $ 100,000 152 16 It is the intent of the general assembly that moneys 152 17 appropriated in this subsection shall be used solely for the 152 18 purpose indicated and that the moneys shall not be transferred 152 19 for any other purpose. In addition, it is the intent of the 152 20 general assembly that the department shall consult with the 152 21 community colleges in the areas in which the institutions are 152 22 located to utilize moneys appropriated in this subsection to 152 23 fund the high school completion, high school equivalency 152 24 diploma, adult literacy, and adult basic education programs in 152 25 a manner so as to maintain these programs at the institutions. 152 26 To maximize the funding for educational programs, the 152 27 department shall establish guidelines and procedures to 152 28 prioritize the availability of educational and vocational 152 29 training for inmates based upon the goal of facilitating an 152 30 inmate's successful release from the correctional institution. 152 31 The director of the department of corrections may transfer 152 32 moneys from Iowa prison industries for use in educational 152 33 programs for inmates. 152 34 Notwithstanding section 8.33, moneys appropriated in this 152 35 subsection that remain unobligated or unexpended at the close 153 1 of the fiscal year shall not revert but shall remain available 153 2 for expenditure only for the purpose designated in this 153 3 subsection until the close of the succeeding fiscal year. 153 4 3. For the development of the Iowa corrections offender 153 5 network (ICON) data system: 153 6 .................................................. $ 427,700 153 7 4. The department of corrections shall submit a report to 153 8 the cochairpersons and ranking members of the joint 153 9 appropriations subcommittee on the justice system and the 153 10 legislative fiscal bureau, on or before January 15, 2003, 153 11 concerning the development and implementation of the Iowa 153 12 corrections offender network (ICON) data system. The report 153 13 shall include a description of the system and functions, a 153 14 plan for implementation of the system, including a timeline, 153 15 resource and staffing requirements for the system, and a 153 16 current status and progress report concerning the 153 17 implementation of the system. In addition, the report shall 153 18 specifically address the ability of the system to receive and 153 19 transmit data between prisons, community-based corrections 153 20 district departments, the judicial branch, board of parole, 153 21 the criminal and juvenile justice planning division of the 153 22 department of human rights, the department of public safety, 153 23 and other applicable governmental agencies. The report should 153 24 include a detailed discussion of the cooperation with other 153 25 state agencies and the judicial branch in the development and 153 26 implementation of the system. 153 27 5. It is the intent of the general assembly that the 153 28 department of corrections shall continue to operate the 153 29 correctional farms under the control of the department at the 153 30 same or greater level of participation and involvement as 153 31 existed as of January 1, 2002, shall not enter into any rental 153 32 agreement or contract concerning any farmland under the 153 33 control of the department that is not subject to a rental 153 34 agreement or contract as of January 1, 2002, without prior 153 35 legislative approval, and shall further attempt to provide job 154 1 opportunities at the farms for inmates. The department shall 154 2 attempt to provide job opportunities at the farms for inmates 154 3 by encouraging labor-intensive farming or gardening where 154 4 appropriate, using inmates to grow produce and meat for 154 5 institutional consumption, researching the possibility of 154 6 instituting food canning and cook-and-chill operations, and 154 7 exploring opportunities for organic farming and gardening, 154 8 livestock ventures, horticulture, and specialized crops. 154 9 6. The department of corrections shall submit a report to 154 10 the general assembly by January 1, 2003, concerning moneys 154 11 recouped from inmate earnings for the reimbursement of 154 12 operational expenses of the applicable facility during the 154 13 fiscal year beginning July 1, 2001, for each correctional 154 14 institution and judicial district department of correctional 154 15 services. In addition, each correctional institution and 154 16 judicial district department of correctional services shall 154 17 continue to submit a report to the legislative fiscal bureau 154 18 on a monthly basis concerning moneys recouped from inmate 154 19 earnings pursuant to sections 904.702, 904.809, and 905.14. 154 20 Sec. 146. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 154 21 SERVICES. 154 22 1. There is appropriated from the general fund of the 154 23 state to the department of corrections for the fiscal year 154 24 beginning July 1, 2002, and ending June 30, 2003, the 154 25 following amounts, or so much thereof as is necessary, to be 154 26 allocated as follows: 154 27 a. For the first judicial district department of 154 28 correctional services, including the treatment and supervision 154 29 of probation and parole violators who have been released from 154 30 the department of corrections violator program, the following 154 31 amount, or so much thereof as is necessary: 154 32 .................................................. $ 8,953,795 154 33 b. For the second judicial district department of 154 34 correctional services, including the treatment and supervision 154 35 of probation and parole violators who have been released from 155 1 the department of corrections violator program, the following 155 2 amount, or so much thereof as is necessary: 155 3 .................................................. $ 6,992,061 155 4 c. For the third judicial district department of 155 5 correctional services, including the treatment and supervision 155 6 of probation and parole violators who have been released from 155 7 the department of corrections violator program, the following 155 8 amount, or so much thereof as is necessary: 155 9 .................................................. $ 4,073,638 155 10 d. For the fourth judicial district department of 155 11 correctional services, including the treatment and supervision 155 12 of probation and parole violators who have been released from 155 13 the department of corrections violator program, the following 155 14 amount, or so much thereof as is necessary: 155 15 .................................................. $ 3,854,236 155 16 e. For the fifth judicial district department of 155 17 correctional services, including the treatment and supervision 155 18 of probation and parole violators who have been released from 155 19 the department of corrections violator program, the following 155 20 amount, or so much thereof as is necessary: 155 21 .................................................. $ 11,702,787 155 22 f. For the sixth judicial district department of 155 23 correctional services, including the treatment and supervision 155 24 of probation and parole violators who have been released from 155 25 the department of corrections violator program, the following 155 26 amount, or so much thereof as is necessary: 155 27 .................................................. $ 8,965,564 155 28 g. For the seventh judicial district department of 155 29 correctional services, including the treatment and supervision 155 30 of probation and parole violators who have been released from 155 31 the department of corrections violator program, the following 155 32 amount, or so much thereof as is necessary: 155 33 .................................................. $ 5,125,593 155 34 h. For the eighth judicial district department of 155 35 correctional services, including the treatment and supervision 156 1 of probation and parole violators who have been released from 156 2 the department of corrections violator program, the following 156 3 amount, or so much thereof as is necessary: 156 4 .................................................. $ 5,097,521 156 5 2. Each judicial district department of correctional 156 6 services shall continue programs and plans established within 156 7 that district to provide for intensive supervision, sex 156 8 offender treatment, diversion of low-risk offenders to the 156 9 least restrictive sanction available, job development, and 156 10 expanded use of intermediate criminal sanctions. 156 11 3. The department of corrections shall continue to 156 12 contract with a judicial district department of correctional 156 13 services to provide for the rental of electronic monitoring 156 14 equipment which shall be available statewide. 156 15 4. Each judicial district department of correctional 156 16 services and the department of corrections shall continue the 156 17 treatment alternatives to street crime programs established in 156 18 1989 Iowa Acts, chapter 225, section 9. 156 19 5. The governor's office of drug control policy shall 156 20 consider federal grants made to the department of corrections 156 21 for the benefit of each of the eight judicial district 156 22 departments of correctional services as local government 156 23 grants, as defined pursuant to federal regulations. 156 24 6. The department of corrections and the eight judicial 156 25 district departments of correctional services shall submit a 156 26 combined comprehensive report on the violator program and the 156 27 violator aftercare program to the cochairpersons and ranking 156 28 members of the joint appropriations subcommittee on the 156 29 justice system and to the legislative fiscal bureau by 156 30 December 1, 2002. 156 31 7. In addition to the requirements of section 8.39, the 156 32 department of corrections shall not make an intradepartmental 156 33 transfer of moneys appropriated to the department, unless 156 34 notice of the intradepartmental transfer is given prior to its 156 35 effective date to the legislative fiscal bureau. The notice 157 1 shall include information on the department's rationale for 157 2 making the transfer and details concerning the work load and 157 3 performance measures upon which the transfers are based. 157 4 8. The department of corrections and the eight judicial 157 5 district departments of correctional services shall submit a 157 6 combined comprehensive report on the use of intermediate 157 7 criminal sanctions program pursuant to chapter 901B to the 157 8 cochairpersons and ranking members of the joint appropriations 157 9 subcommittee on the justice system, and to the legislative 157 10 fiscal bureau by January 15, 2003. The report shall include a 157 11 description of the program at each intermediate sanction level 157 12 or sublevel of the corrections continuum within each district 157 13 plan, and the number of offenders placed at each intermediate 157 14 sanction level or sublevel in each district for the previous 157 15 fiscal year, and the current fiscal year as of March 1. The 157 16 report shall also include the personal characteristics of each 157 17 offender, including the offender's race, gender, and age, and 157 18 the offender's placement on the corrections continuum. The 157 19 number of FTEs working in positions related to the corrections 157 20 continuum shall also be included in the report. 157 21 9. The department of corrections in cooperation with the 157 22 second, third, fourth, and fifth judicial district departments 157 23 of correctional services, shall implement procedures to 157 24 provide continuing evaluation of the drug courts. The 157 25 evaluation shall include a description of the two models 157 26 currently being used by the judicial districts, a description 157 27 of the program, criteria for admission, program capacity, 157 28 number of offenders in the program by offense class, program 157 29 expenditures, and quantitative outcome measures including 157 30 successful completion and recidivism rates. 157 31 Sec. 147. CORRECTIONAL INSTITUTIONS VOCATIONAL 157 32 TRAINING. 157 33 1. The state prison industries board and the department of 157 34 corrections shall continue the implementation of a plan to 157 35 enhance vocational training opportunities within the 158 1 correctional institutions listed in section 904.102, as 158 2 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 158 3 shall provide for increased vocational training opportunities 158 4 within the correctional institutions, including the 158 5 possibility of approving community college credit for inmates 158 6 working in prison industries. The department of corrections 158 7 shall provide a report concerning the implementation of the 158 8 plan to the cochairpersons and ranking members of the joint 158 9 appropriations subcommittee on the justice system and the 158 10 legislative fiscal bureau, on or before January 15, 2003. 158 11 2. It is the intent of the general assembly that each 158 12 correctional facility make all reasonable efforts to maintain 158 13 vocational education programs for inmates and to identify 158 14 available funding sources to continue these programs. The 158 15 department of corrections shall submit a report to the general 158 16 assembly by January 1, 2003, concerning the efforts made by 158 17 each correctional facility in maintaining vocational education 158 18 programs for inmates. 158 19 3. The department of corrections shall submit a report on 158 20 inmate labor to the general assembly, the cochairpersons, and 158 21 the ranking members of the joint appropriations subcommittee 158 22 on the justice system, and to the legislative fiscal bureau by 158 23 January 15, 2003. The report shall specifically address the 158 24 progress the department has made in implementing the 158 25 requirements of section 904.701, inmate labor on capital 158 26 improvement projects, community work crews, and private-sector 158 27 employment. 158 28 4. Each month the department shall provide a status report 158 29 regarding private-sector employment to the legislative fiscal 158 30 bureau beginning on July 1, 2002. The report shall include 158 31 the number of offenders employed in the private sector, the 158 32 combined number of hours worked by the offenders, and the 158 33 total amount of allowances, and the distribution of allowances 158 34 pursuant to section 904.702, including any moneys deposited in 158 35 the general fund of the state. 159 1 Sec. 148. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 159 2 1. As used in this section, unless the context otherwise 159 3 requires, "state agency" means the government of the state of 159 4 Iowa, including but not limited to all executive branch 159 5 departments, agencies, boards, bureaus, and commissions, the 159 6 judicial branch, the general assembly and all legislative 159 7 agencies, institutions within the purview of the state board 159 8 of regents, and any corporation whose primary function is to 159 9 act as an instrumentality of the state. 159 10 2. State agencies are hereby encouraged to purchase 159 11 products from Iowa state industries, as defined in section 159 12 904.802, when purchases are required and the products are 159 13 available from Iowa state industries. 159 14 3. State agencies shall submit to the legislative fiscal 159 15 bureau by January 15, 2003, a report of the dollar value of 159 16 products and services purchased from Iowa state industries by 159 17 the state agency during the fiscal year beginning July 1, 159 18 2001, and ending June 30, 2002. 159 19 Sec. 149. STATE PUBLIC DEFENDER. There is appropriated 159 20 from the general fund of the state to the office of the state 159 21 public defender of the department of inspections and appeals 159 22 for the fiscal year beginning July 1, 2002, and ending June 159 23 30, 2003, the following amount, or so much thereof as is 159 24 necessary, for the purposes designated: 159 25 .................................................. $ 33,908,325 159 26 The funds appropriated and full-time equivalent positions 159 27 authorized in this section are allocated as follows: 159 28 1. For salaries, support, maintenance, and miscellaneous 159 29 purposes, and for not more than the following full-time 159 30 equivalent positions: 159 31 .................................................. $ 15,770,739 159 32 ............................................... FTEs 202.00 159 33 2. For the fees of court-appointed attorneys for indigent 159 34 adults and juveniles, in accordance with section 232.141 and 159 35 chapter 815: 160 1 .................................................. $ 18,137,586 160 2 Sec. 150. IOWA LAW ENFORCEMENT ACADEMY. There is 160 3 appropriated from the general fund of the state to the Iowa 160 4 law enforcement academy for the fiscal year beginning July 1, 160 5 2002, and ending June 30, 2003, the following amount, or so 160 6 much thereof as is necessary, to be used for the purposes 160 7 designated: 160 8 1. For salaries, support, maintenance, miscellaneous 160 9 purposes, including jailer training and technical assistance, 160 10 and for not more than the following full-time equivalent 160 11 positions: 160 12 .................................................. $ 1,256,199 160 13 ............................................... FTEs 29.05 160 14 It is the intent of the general assembly that the Iowa law 160 15 enforcement academy may provide training of state and local 160 16 law enforcement personnel concerning the recognition of and 160 17 response to persons with Alzheimer's disease. 160 18 2. The Iowa law enforcement academy may select at least 160 19 five automobiles of the department of public safety, division 160 20 of the Iowa state patrol, prior to turning over the 160 21 automobiles to the state fleet administrator to be disposed of 160 22 by public auction and the Iowa law enforcement academy may 160 23 exchange any automobile owned by the academy for each 160 24 automobile selected if the selected automobile is used in 160 25 training law enforcement officers at the academy. However, 160 26 any automobile exchanged by the academy shall be substituted 160 27 for the selected vehicle of the department of public safety 160 28 and sold by public auction with the receipts being deposited 160 29 in the depreciation fund to the credit of the department of 160 30 public safety, division of the Iowa state patrol. 160 31 Sec. 151. BOARD OF PAROLE. There is appropriated from the 160 32 general fund of the state to the board of parole for the 160 33 fiscal year beginning July 1, 2002, and ending June 30, 2003, 160 34 the following amount, or so much thereof as is necessary, to 160 35 be used for the purposes designated: 161 1 For salaries, support, maintenance, miscellaneous purposes, 161 2 and for not more than the following full-time equivalent 161 3 positions: 161 4 .................................................. $ 986,636 161 5 ............................................... FTEs 16.00 161 6 Sec. 152. DEPARTMENT OF PUBLIC DEFENSE. There is 161 7 appropriated from the general fund of the state to the 161 8 department of public defense for the fiscal year beginning 161 9 July 1, 2002, and ending June 30, 2003, the following amounts, 161 10 or so much thereof as is necessary, to be used for the 161 11 purposes designated: 161 12 1. MILITARY DIVISION 161 13 For salaries, support, maintenance, miscellaneous purposes, 161 14 and for not more than the following full-time equivalent 161 15 positions: 161 16 ................................................. $ 5,462,416 161 17 .............................................. FTEs 285.89 161 18 If there is a surplus in the general fund of the state for 161 19 the fiscal year ending June 30, 2003, within 60 days after the 161 20 close of the fiscal year, the military division may incur up 161 21 to an additional $500,000 in expenditures from the surplus 161 22 prior to transfer of the surplus pursuant to section 8.57. 161 23 2. EMERGENCY MANAGEMENT DIVISION 161 24 For salaries, support, maintenance, miscellaneous purposes, 161 25 and for not more than the following full-time equivalent 161 26 positions: 161 27 .................................................. $ 1,077,354 161 28 ............................................... FTEs 25.25 161 29 Sec. 153. IOWA COMMUNICATIONS NETWORK OPERATIONS. 161 30 1. There is appropriated from the general fund of the 161 31 state to the Iowa telecommunications and technology commission 161 32 for the fiscal year beginning July 1, 2002, and ending June 161 33 30, 2003, the following amount, or so much thereof as is 161 34 necessary, to be used for the purposes designated in this 161 35 subsection: 162 1 For operations of the network consistent with chapter 8D 162 2 and for the following full-time equivalent positions: 162 3 .................................................. $ 1,027,503 162 4 ............................................... FTEs 105.00 162 5 2. Notwithstanding section 8.33 or 8.39, moneys 162 6 appropriated in this section which remain unobligated or 162 7 unexpended at the close of the fiscal year shall not revert 162 8 but shall remain available for the purposes designated in the 162 9 succeeding fiscal year, and shall not be transferred to any 162 10 other program. 162 11 3. It is the intent of the general assembly that the Iowa 162 12 telecommunications and technology commission annually review 162 13 the hourly rates established, as provided in section 8D.3, 162 14 subsection 3, paragraph "i". Such rates shall be established 162 15 in a manner to minimize any subsidy provided through state 162 16 general fund appropriations. 162 17 Sec. 154. DEPARTMENT OF PUBLIC SAFETY. There is 162 18 appropriated from the general fund of the state to the 162 19 department of public safety for the fiscal year beginning July 162 20 1, 2002, and ending June 30, 2003, the following amounts, or 162 21 so much thereof as is necessary, to be used for the purposes 162 22 designated: 162 23 1. For the department's administrative functions, 162 24 including the criminal justice information system, and for not 162 25 more than the following full-time equivalent positions: 162 26 .................................................. $ 2,491,284 162 27 ............................................... FTEs 38.50 162 28 2. For the division of criminal investigation and bureau 162 29 of identification including the state's contribution to the 162 30 peace officers' retirement, accident, and disability system 162 31 provided in chapter 97A in the amount of 17 percent of the 162 32 salaries for which the funds are appropriated, to meet federal 162 33 fund matching requirements, and for not more than the 162 34 following full-time equivalent positions: 162 35 .................................................. $ 12,618,393 163 1 ............................................... FTEs 231.50 163 2 Riverboat enforcement costs shall be billed in accordance 163 3 with section 99F.10, subsection 4, and section 99F.10A. The 163 4 costs shall be not more than the department's estimated 163 5 expenditures, including salary adjustment, for riverboat 163 6 enforcement for the fiscal year. 163 7 The department of public safety, with the approval of the 163 8 department of management, may employ no more than two special 163 9 agents and four gaming enforcement officers for each 163 10 additional riverboat regulated after July 1, 2002, and one 163 11 special agent for each racing facility which becomes 163 12 operational during the fiscal year which begins July 1, 2002. 163 13 One additional gaming enforcement officer, up to a total of 163 14 four per boat, may be employed for each riverboat that has 163 15 extended operations to 24 hours and has not previously 163 16 operated with a 24-hour schedule. Positions authorized in 163 17 this paragraph are in addition to the full-time equivalent 163 18 positions otherwise authorized in this subsection. 163 19 3. a. For the division of narcotics enforcement, 163 20 including the state's contribution to the peace officers' 163 21 retirement, accident, and disability system provided in 163 22 chapter 97A in the amount of 17 percent of the salaries for 163 23 which the funds are appropriated, to meet federal fund 163 24 matching requirements, and for not more than the following 163 25 full-time equivalent positions: 163 26 .................................................. $ 3,552,763 163 27 ............................................... FTEs 58.00 163 28 b. For the division of narcotics enforcement for 163 29 undercover purchases: 163 30 .................................................. $ 129,155 163 31 4. a. For the state fire marshal's office, including the 163 32 state's contribution to the peace officers' retirement, 163 33 accident, and disability system provided in chapter 97A in the 163 34 amount of 17 percent of the salaries for which the funds are 163 35 appropriated, and for not more than the following full-time 164 1 equivalent positions: 164 2 .................................................. $ 1,861,393 164 3 ................................................ FTEs 38.80 164 4 b. For the state fire marshal's office, for fire 164 5 protection services as provided through the state fire service 164 6 and emergency response council as created in the department, 164 7 and for not more than the following full-time equivalent 164 8 positions: 164 9 .................................................. $ 599,110 164 10 ............................................... FTEs 12.00 164 11 5. a. For the division of the Iowa state patrol of the 164 12 department of public safety, for salaries, support, 164 13 maintenance, workers' compensation costs, and miscellaneous 164 14 purposes, including the state's contribution to the peace 164 15 officers' retirement, accident, and disability system provided 164 16 in chapter 97A in the amount of 17 percent of the salaries for 164 17 which the funds are appropriated, and for not more than the 164 18 following full-time equivalent positions: 164 19 .................................................. $ 37,769,240 164 20 ............................................... FTEs 545.00 164 21 b. District 16, including the state's contribution to the 164 22 peace officers' retirement, accident, and disability system 164 23 provided in chapter 97A in the amount of 17 percent of the 164 24 salaries for which the funds are appropriated and for not more 164 25 than the following full-time equivalent positions: 164 26 .................................................. $ 1,298,828 164 27 ............................................... FTEs 26.00 164 28 6. For deposit in the public safety law enforcement sick 164 29 leave benefits fund established under section 80.42, for all 164 30 departmental employees eligible to receive benefits for 164 31 accrued sick leave under the collective bargaining agreement: 164 32 .................................................. $ 285,258 164 33 7. An employee of the department of public safety who 164 34 retires after July 1, 2002, but prior to June 30, 2003, is 164 35 eligible for payment of life or health insurance premiums as 165 1 provided for in the collective bargaining agreement covering 165 2 the public safety bargaining unit at the time of retirement if 165 3 that employee previously served in a position which would have 165 4 been covered by the agreement. The employee shall be given 165 5 credit for the service in that prior position as though it 165 6 were covered by that agreement. The provisions of this 165 7 subsection shall not operate to reduce any retirement benefits 165 8 an employee may have earned under other collective bargaining 165 9 agreements or retirement programs. 165 10 8. For costs associated with the training and equipment 165 11 needs of volunteer fire fighters and for not more than the 165 12 following full-time equivalent position: 165 13 .................................................. $ 570,498 165 14 ............................................... FTEs 1.00 165 15 Notwithstanding section 8.33, moneys appropriated in this 165 16 subsection that remain unobligated or unexpended at the close 165 17 of the fiscal year shall not revert but shall remain available 165 18 for expenditure only for the purpose designated in this 165 19 subsection until the close of the succeeding fiscal year. 165 20 Sec. 155. POSTING OF REPORTS IN ELECTRONIC FORMAT 165 21 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 165 22 required to be provided to the legislative fiscal bureau in 165 23 this division for the fiscal year beginning July 1, 2002, 165 24 shall be provided in an electronic format. The legislative 165 25 fiscal bureau shall post the reports on its internet site and 165 26 shall notify by electronic means all the members of the joint 165 27 appropriations subcommittee on the justice system when a 165 28 report is posted. Upon request, copies of the reports may be 165 29 mailed to members of the joint appropriations subcommittee on 165 30 the justice system. 165 31 Sec. 156. NEW SECTION. 99D.14A PAYMENT OF THE DIVISION 165 32 OF CRIMINAL INVESTIGATION COSTS. 165 33 A licensee shall pay a fee in an amount representing twenty 165 34 percent of the salary costs of the division of criminal 165 35 investigation of the department of public safety plus any 166 1 amount over thirty thousand dollars in direct and indirect 166 2 support costs, in addition to that assessed under section 166 3 99D.14, subsection 7, for enforcement of this chapter. The 166 4 fees assessed in this section shall be deposited in the 166 5 general fund of the state. 166 6 Sec. 157. Section 99F.4A, subsection 8, Code 2001, is 166 7 amended to read as follows: 166 8 8. A licensee shall pay a fee in an amount representing 166 9eightyone hundred percent of the salary and other related 166 10 costs of the division of criminal investigation of the 166 11 department of public safety for enforcement of this chapter. 166 12 Sec. 158. NEW SECTION. 99F.10A PAYMENT OF THE DIVISION 166 13 OF CRIMINAL INVESTIGATION COSTS. 166 14 A licensee shall pay twenty percent of the division's 166 15 salary costs for special agents and twenty percent of the 166 16 division's salary costs for gaming enforcement plus any amount 166 17 over $125,000 in direct and indirect support costs, in 166 18 addition to that assessed under section 99F.10, subsection 4. 166 19 The costs assessed in this section shall be deposited in the 166 20 general fund of the state. 166 21 Sec. 159. 1998 Iowa Acts, chapter 1101, section 15, 166 22 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 166 23 section 25, as amended by 2000 Iowa Acts, chapter 1229, 166 24 section 25, and as amended by 2001 Iowa Acts, chapter 186, 166 25 section 21, is amended to read as follows: 166 26 2. a. There is appropriated from surcharge moneys 166 27 received by the E911 administrator and deposited into the 166 28 wireless E911 emergency communications fund, for each fiscal 166 29 year in the fiscal period beginning July 1, 1998, and ending 166 30 June 30,20022003, an amount not to exceed two hundred 166 31 thousand dollars to be used for the implementation, support, 166 32 and maintenance of the functions of the E911 administrator. 166 33 The amount appropriated in this paragraph includes any amounts 166 34 necessary to reimburse the division of emergency management of 166 35 the department of public defense pursuant to paragraph "b". 167 1 b. Notwithstanding the distribution formula in section 167 2 34A.7A, as enacted in this Act, and prior to any such 167 3 distribution, of the initial surcharge moneys received by the 167 4 E911 administrator and deposited into the wireless E911 167 5 emergency communications fund, for each fiscal year in the 167 6 fiscal period beginning July 1, 1998, and ending June 30,2002167 7 2003, an amount is appropriated to the division of emergency 167 8 management of the department of public defense as necessary to 167 9 reimburse the division for amounts expended for the 167 10 implementation, support, and maintenance of the E911 167 11 administrator, including the E911 administrator's salary. 167 12 Sec. 160. 2001 Iowa Acts, chapter 186, section 6, 167 13 subsection 6, is amended by striking the subsection. 167 14 Sec. 161. EFFECTIVE DATE. The section of this Act 167 15 striking 2001 Iowa Acts, chapter 186, section 6, subsection 6, 167 16 being deemed of immediate importance, takes effect upon 167 17 enactment. 167 18 Sec. 162. EFFECTIVE DATE. The section of this Act 167 19 amending 1998 Iowa Acts, chapter 1101, section 15, as amended, 167 20 being deemed of immediate importance, takes effect upon 167 21 enactment. 167 22 DIVISION VIII 167 23 JUDICIAL BRANCH 167 24 Sec. 163. JUDICIAL BRANCH. There is appropriated from the 167 25 general fund of the state to the judicial branch for the 167 26 fiscal year beginning July 1, 2002, and ending June 30, 2003, 167 27 the following amount, or so much thereof as is necessary, to 167 28 be used for the purposes designated: 167 29 For salaries of supreme court justices, appellate court 167 30 judges, district court judges, district associate judges, 167 31 judicial magistrates and staff, state court administrator, 167 32 clerk of the supreme court, district court administrators, 167 33 clerks of the district court, juvenile court officers, board 167 34 of law examiners and board of examiners of shorthand reporters 167 35 and judicial qualifications commission, receipt and 168 1 disbursement of child support payments, reimbursement of the 168 2 auditor of state for expenses incurred in completing audits of 168 3 the offices of the clerks of the district court during the 168 4 fiscal year beginning July 1, 2002, and maintenance, 168 5 equipment, and miscellaneous purposes: 168 6 .................................................. $111,356,002 168 7 1. The judicial branch, except for purposes of internal 168 8 processing, shall use the current state budget system, the 168 9 state payroll system, and the Iowa finance and accounting 168 10 system in administration of programs and payments for 168 11 services, and shall not duplicate the state payroll, 168 12 accounting, and budgeting systems. 168 13 2. The judicial branch shall submit monthly financial 168 14 statements to the legislative fiscal bureau and the department 168 15 of management containing all appropriated accounts in the same 168 16 manner as provided in the monthly financial status reports and 168 17 personal services usage reports of the department of revenue 168 18 and finance. The monthly financial statements shall include a 168 19 comparison of the dollars and percentage spent of budgeted 168 20 versus actual revenues and expenditures on a cumulative basis 168 21 for full-time equivalent positions and dollars. 168 22 3. The judicial branch shall continue to assist in the 168 23 development and implementation of a justice data warehouse 168 24 which shall include in the Iowa court information system, 168 25 starting with appointments of counsel made on or after July 1, 168 26 1999, the means to identify any case where the court has 168 27 determined indigence, and whether the case is handled by a 168 28 public defender or other court-appointed counsel. 168 29 4. Of the funds appropriated in this section, not more 168 30 than $1,897,728 may be transferred into the revolving fund 168 31 established pursuant to section 602.1302, subsection 3, to be 168 32 used for the payment of jury and witness fees and mileage. 168 33 5. The judicial branch shall focus efforts upon the 168 34 collection of delinquent fines, penalties, court costs, fees, 168 35 surcharges, or similar amounts. 169 1 6. It is the intent of the general assembly that the 169 2 offices of the clerks of the district court operate in all 169 3 ninety-nine counties and be accessible to the public as much 169 4 as is reasonably possible in order to address the relative 169 5 needs of the citizens of each county. 169 6 7. In addition to the requirements for transfers under 169 7 section 8.39, the judicial branch shall not change the 169 8 appropriations from the amounts appropriated to the branch in 169 9 this Act, unless notice of the revisions is given prior to 169 10 their effective date to the legislative fiscal bureau. The 169 11 notice shall include information on the branch's rationale for 169 12 making the changes and details concerning the work load and 169 13 performance measures upon which the changes are based. 169 14 8. The judicial branch shall provide to the legislative 169 15 fiscal bureau by January 15, 2003, an annual report concerning 169 16 the operation and use of the Iowa court information system and 169 17 any recommendations to improve the utilization of the system. 169 18 The annual report shall include information specifying the 169 19 amounts of fines, surcharges, and court costs collected using 169 20 the system and how the system is used to improve the 169 21 collection process. In addition, the judicial branch shall 169 22 submit a semiannual update to the legislative fiscal bureau 169 23 specifying the amounts of fines, surcharges, and court costs 169 24 collected using the Iowa court information system since the 169 25 last report. The judicial branch shall continue to facilitate 169 26 the sharing of vital sentencing and other information with 169 27 other state departments and governmental agencies involved in 169 28 the criminal justice system through the Iowa court information 169 29 system. 169 30 9. The judicial branch shall provide a report to the 169 31 general assembly by January 1, 2003, concerning the amounts 169 32 received and expended from the enhanced court collections fund 169 33 created in section 602.1304 and the court technology and 169 34 modernization fund created in section 602.8108, subsection 5, 169 35 during the fiscal year beginning July 1, 2001, and ending June 170 1 30, 2002, and the plans for expenditures from each fund during 170 2 the fiscal year beginning July 1, 2002, and ending June 30, 170 3 2003. A copy of the report shall be provided to the 170 4 legislative fiscal bureau. 170 5 10. The judicial branch shall continue to provide criminal 170 6 justice data to the department of corrections for use by the 170 7 Iowa corrections offender network (ICON) data system. 170 8 Sec. 164. JUDICIAL RETIREMENT FUND. There is appropriated 170 9 from the general fund of the state to the judicial retirement 170 10 fund for the fiscal year beginning July 1, 2002, and ending 170 11 June 30, 2003, the following amount, or so much thereof as is 170 12 necessary, to be used for the purpose designated: 170 13 Notwithstanding section 602.9104, for the state's 170 14 contribution to the judicial retirement fund in the amount of 170 15 15.2 percent of the basic salaries of the judges covered under 170 16 chapter 602, article 9: 170 17 .................................................. $ 3,039,664 170 18 Sec. 165. POSTING OF REPORTS IN ELECTRONIC FORMAT 170 19 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 170 20 required to be provided by the judicial branch for fiscal year 170 21 2002-2003 to the legislative fiscal bureau shall be provided 170 22 in an electronic format. The legislative fiscal bureau shall 170 23 post the reports on its internet site and shall notify by 170 24 electronic means all the members of the joint appropriations 170 25 subcommittee on the justice system when a report is posted. 170 26 Upon request, copies of the reports may be mailed to members 170 27 of the joint appropriations subcommittee on the justice 170 28 system. 170 29 Sec. 166. CLERK OF COURT STUDY COMMITTEE. The supreme 170 30 court shall establish a study committee for the purpose of 170 31 providing findings and recommendations to the court in order 170 32 for the court to submit a report to the general assembly by 170 33 December 15, 2002, regarding the efficient operation and 170 34 management of the clerks of courts offices in every county of 170 35 the state. The study committee shall include representatives 171 1 of key court stakeholder groups including but not limited to, 171 2 members of the general public, legislators, county and city 171 3 officials, court employees, clerks of court, judges, and 171 4 attorneys representing both urban and rural areas of the 171 5 state. The court shall include interested associations and 171 6 public agencies who request the opportunity to have input into 171 7 the work of the study committee. The committee shall issue a 171 8 report to the court which includes the committee's findings 171 9 and recommendations of how to improve the operation and 171 10 management of clerk of court offices under the present 171 11 statutory framework of one clerk of court office per county. 171 12 The supreme court shall submit its report to the general 171 13 assembly after consideration of the study committee's findings 171 14 and recommendations. 171 15 Sec. 167. APPOINTMENT OF CLERK OF COURT. Up until such 171 16 time the supreme court submits its clerk of court study 171 17 committee report to the general assembly and notwithstanding 171 18 section 602.1215, the appointment of a clerk of the district 171 19 court shall not occur unless the state court administrator 171 20 approves the appointment. 171 21 DIVISION IX 171 22 STANDING APPROPRIATIONS REDUCTIONS 171 23 Sec. 168. GENERAL ASSEMBLY. The appropriations made 171 24 pursuant to section 2.12 for the expenses of the general 171 25 assembly and legislative agencies for the fiscal year 171 26 beginning July 1, 2002, and ending June 30, 2003, are reduced 171 27 by the following amount: 171 28 .................................................. $ 744,947 171 29 Sec. 169. STATE APPEAL BOARD CLAIMS. Notwithstanding the 171 30 standing appropriations in section 25.2, subsection 3, the 171 31 amount appropriated from the general fund of the state under 171 32 section 25.2, subsection 3, to the state appeal board to pay 171 33 claims against the state for the fiscal year beginning July 1, 171 34 2002, and ending June 30, 2003, is reduced by the following 171 35 amount: 172 1 .................................................. $ 2,500,000 172 2 Sec. 170. CONSTITUTIONAL AMENDMENTS AND PUBLIC MEASURES. 172 3 Notwithstanding the standing appropriation in section 49A.9, 172 4 the amount appropriated from the general fund of the state 172 5 under section 49A.9, to the office of the secretary of state 172 6 for the fiscal year beginning July 1, 2002, and ending June 172 7 30, 2003, is reduced by the following amount: 172 8 .................................................. $ 2,565 172 9 Sec. 171. AT-RISK CHILDREN PROGRAMS. Notwithstanding the 172 10 standing appropriation in section 279.51, subsection 1, the 172 11 amount appropriated from the general fund of the state under 172 12 section 279.51, subsection 1, to the department of education 172 13 for the fiscal year beginning July 1, 2002, and ending June 172 14 30, 2003, is reduced by the following amount: 172 15 .................................................. $ 1,000,000 172 16 The amount of the reduction in this section shall be 172 17 prorated among the programs specified in section 279.51, 172 18 subsection 1, paragraphs "a", "b", and "c". 172 19 Sec. 172. EDUCATIONAL EXCELLENCE. Notwithstanding section 172 20 294A.25, subsection 1, the amount appropriated from the 172 21 general fund of the state under section 294A.25, subsection 1, 172 22 to the department of education for phase III moneys for the 172 23 fiscal year beginning July 1, 2002, and ending June 30, 2003, 172 24 is reduced by the following amount: 172 25 .................................................. $ 11,750,000 172 26 Sec. 173. INTERSTATE EXTRADITION EXPENSE. Notwithstanding 172 27 the standing appropriation in section 820.24, the amount 172 28 appropriated from the general fund of the state under section 172 29 820.24, to pay expenses of interstate extradition for the 172 30 fiscal year beginning July 1, 2002, and ending June 30, 2003, 172 31 is reduced by the following amount: 172 32 .................................................. $ 155 172 33 Sec. 174. DEFERRED COMPENSATION PROGRAM. Notwithstanding 172 34 the standing appropriation to fund the state's deferred 172 35 compensation program established for state employees under 173 1 section 509A.12, the amount appropriated from the general fund 173 2 of the state for the deferred compensation program for the 173 3 fiscal year beginning July 1, 2002, and ending June 30, 2003, 173 4 is reduced by the following amount: 173 5 .................................................. $ 190,640 173 6 STANDING APPROPRIATIONS LIMITATIONS 173 7 Sec. 175. Notwithstanding the standing appropriations in 173 8 the following designated sections for the fiscal year 173 9 beginning July 1, 2002, and ending June 30, 2003, the amounts 173 10 appropriated from the general fund of the state pursuant to 173 11 those sections for the following designated purposes shall not 173 12 exceed the following amounts: 173 13 1. For compensation of officers and enlisted persons and 173 14 their expenses while on active state service as authorized in 173 15 section 29A.27: 173 16 .................................................. $ 432,450 173 17 2. For payment for nonpublic school transportation under 173 18 section 285.2: 173 19 .................................................. $ 7,799,550 173 20 If total approved claims for reimbursement for nonpublic 173 21 school pupil transportation claims exceed the amount 173 22 appropriated in this section, the department of education 173 23 shall prorate the amount of each claim. 173 24 3. For administration expenses of the state unemployment 173 25 compensation law under section 96.7: 173 26 .................................................. $ 353,000 173 27 4. For payment of certain interest costs due the federal 173 28 government under the Federal Cash Management and Improvement 173 29 Act under section 421.31: 173 30 .................................................. $ 568,458 173 31 5. For printing cigarette tax stamps under section 453A.7: 173 32 .................................................. $ 110,055 173 33 6. For the personal property tax replacement program under 173 34 section 405A.8: 173 35 .................................................. $ 52,251,176 174 1 7. For the payment of franchise tax allocations to cities 174 2 and counties under section 405A.10: 174 3 .................................................. $ 8,168,952 174 4 8. For the state's share of the cost of the peace officers 174 5 retirement benefits under section 411.20: 174 6 .................................................. $ 2,816,189 174 7 9. For payment of livestock production credit refunds 174 8 under section 422.121: 174 9 .................................................. $ 1,856,580 174 10 10. For reimbursement for the homestead property tax 174 11 credit under section 425.1: 174 12 .................................................. $107,960,127 174 13 11. For reimbursement for the agricultural land and family 174 14 farm tax credits under section 426.1: 174 15 .................................................. $ 36,296,139 174 16 12. For reimbursement for the military service tax credit 174 17 under section 426A.1A: 174 18 .................................................. $ 2,569,712 174 19 13. For industrial machinery, equipment, and computers 174 20 property tax replacement claims under section 427B.19A: 174 21 .................................................. $ 20,990,800 174 22 14. For public transit assistance pursuant to chapter 324A 174 23 under section 312.2, subsection 14: 174 24 .................................................. $ 8,669,871 174 25 Sec. 176. ELDERLY AND DISABLED CREDIT. Notwithstanding 174 26 the standing appropriation in section 425.39, the amount 174 27 appropriated from the general fund of the state under section 174 28 425.39, for the fiscal year beginning July 1, 2002, and ending 174 29 June 30, 2003, for purposes of implementing the elderly and 174 30 disabled credit and reimbursement portion of the extraordinary 174 31 property tax and reimbursement division of chapter 425, shall 174 32 not exceed $16,152,246. The director shall pay, in full, all 174 33 claims to be paid during the fiscal year beginning July 1, 174 34 2002, for reimbursement of rent constituting property taxes 174 35 paid. If the amount of claims for credit for property taxes 175 1 due to be paid during the fiscal year beginning July 1, 2002, 175 2 exceeds the amount remaining after payment to renters, the 175 3 director of revenue and finance shall prorate the payments to 175 4 the counties for the property tax credit. In order for the 175 5 director to carry out the requirements of this section, 175 6 notwithstanding any provision to the contrary in sections 175 7 425.16 through 425.39, claims for reimbursement for rent 175 8 constituting property taxes paid filed before May 1, 2003, 175 9 shall be eligible to be paid in full during the fiscal year 175 10 ending June 30, 2003, and those claims filed on or after May 175 11 1, 2003, shall be eligible to be paid during the fiscal year 175 12 beginning July 1, 2003, and the director is not required to 175 13 make payments to counties for the property tax credit before 175 14 June 15, 2003. 175 15 REVENUE ADJUSTMENTS TRANSFERS 175 16 Sec. 177. IOWA ECONOMIC EMERGENCY AND RESERVE FUNDS 175 17 EARNINGS. Notwithstanding section 8.55, subsection 4, and 175 18 section 8.56, subsection 1, for the fiscal year beginning July 175 19 1, 2002, and ending June 30, 2003, the interest and earnings 175 20 on moneys deposited in the Iowa economic emergency fund and 175 21 the cash reserve fund shall be credited to the general fund of 175 22 the state. 175 23 Sec. 178. TITLE GUARANTY FUND. Notwithstanding section 175 24 16.91, subsection 1, there is transferred from the title 175 25 guaranty fund created pursuant to section 16.91, subsection 1, 175 26 to the general fund of the state during the fiscal year 175 27 beginning July 1, 2002, and ending June 30, 2003, the 175 28 following amount: 175 29 .................................................. $ 2,700,000 175 30 Sec. 179. INNOVATIONS FUND. Notwithstanding section 8.63, 175 31 there is transferred from the innovations fund created in 175 32 section 8.63, for the purpose of stimulating and encouraging 175 33 innovation in state government, to the general fund of the 175 34 state for the fiscal year beginning July 1, 2002, and ending 175 35 June 30, 2003, the following amount: 176 1 .................................................. $ 400,000 176 2 Sec. 180. UNDERGROUND STORAGE TANK FUND. Notwithstanding 176 3 section 455G.3, subsection 1, there is transferred from the 176 4 Iowa comprehensive petroleum underground storage tank fund 176 5 created in section 455G.3, subsection 1, to the general fund 176 6 of the state during the fiscal year beginning July 1, 2002, 176 7 and ending June 30, 2003, the following amount: 176 8 .................................................. $ 10,000,000 176 9 Sec. 181. WASTE TIRE MANAGEMENT FUND. Notwithstanding 176 10 section 455D.11C, there is transferred from the waste tire 176 11 management fund created in section 455D.11C, for waste tire 176 12 management, to the general fund of the state for the fiscal 176 13 year beginning July 1, 2002, and ending June 30, 2003, the 176 14 following amount: 176 15 .................................................. $ 1,600,000 176 16 Sec. 182. Section 256D.5, subsection 2, Code 2001, is 176 17 amended by striking the subsection. 176 18 Sec. 183. Sections 256D.6, 256D.7, and 256D.8, Code 176 19 Supplement 2001, are repealed. 176 20 176 21 176 22 176 23 MARY E. KRAMER 176 24 President of the Senate 176 25 176 26 176 27 176 28 BRENT SIEGRIST 176 29 Speaker of the House 176 30 176 31 I hereby certify that this bill originated in the Senate and 176 32 is known as Senate File 2326, Seventy-ninth General Assembly. 176 33 176 34 176 35 177 1 MICHAEL E. MARSHALL 177 2 Secretary of the Senate 177 3 Approved , 2002 177 4 177 5 177 6 177 7 THOMAS J. VILSACK 177 8 Governor
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