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Senate File 2326

Partial Bill History

Bill Text

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 exceeding two thousand five hundred twenty-five thousand
 26 28 dollars or, 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 fiscal year years 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 of forty-
 71 21 eight forty-seven million eight one hundred thirty fifty-five
 71 22 thousand seventy-five three 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 hundred ninety-eight seventy-seven thousand five one hundred
 71 27 forty three 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 million four three hundred eighty-two seventy-five thousand
 71 31 four six 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 of five
136 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 .................................................. $ 14,874,702
136 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  9 eighty one 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, 2002 2003, 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, 2002
167  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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