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PAG LIN 1 1 DIVISION I 1 2 ADMINISTRATION AND REGULATION 1 3 Section 1. AUDITOR OF STATE. There is appropriated from 1 4 the general fund of the state to the office of the auditor of 1 5 state for the fiscal year beginning July 1, 2002, and ending 1 6 June 30, 2003, the following amount, or so much thereof as is 1 7 necessary, to be used for the purposes designated: 1 8 For salaries, support, maintenance, miscellaneous purposes, 1 9 and for not more than the following full-time equivalent 1 10 positions: 1 11 .................................................. $ 1,078,972 1 12 ............................................... FTEs 105.47 1 13 The auditor of state may retain additional full-time 1 14 equivalent positions as is reasonable and necessary to perform 1 15 governmental subdivision audits which are reimbursable 1 16 pursuant to section 11.20 or 11.21, to perform audits which 1 17 are requested by and reimbursable from the federal government, 1 18 and to perform work requested by and reimbursable from 1 19 departments or agencies pursuant to section 11.5A or 11.5B. 1 20 The auditor of state shall notify the department of 1 21 management, the legislative fiscal committee, and the 1 22 legislative fiscal bureau of the additional full-time 1 23 equivalent positions retained. 1 24 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 1 25 is appropriated from the general fund of the state to the Iowa 1 26 ethics and campaign disclosure board for the fiscal year 1 27 beginning July 1, 2002, and ending June 30, 2003, the 1 28 following amount, or so much thereof as is necessary, for the 1 29 purposes designated: 1 30 For salaries, support, maintenance, miscellaneous purposes, 1 31 and for not more than the following full-time equivalent 1 32 positions: 1 33 .................................................. $ 410,760 1 34 ............................................... FTEs 6.00 1 35 Sec. 3. DEPARTMENT OF COMMERCE. There is appropriated 2 1 from the general fund of the state to the department of 2 2 commerce for the fiscal year beginning July 1, 2002, and 2 3 ending June 30, 2003, the following amounts, or so much 2 4 thereof as is necessary, for the purposes designated: 2 5 1. ALCOHOLIC BEVERAGES DIVISION 2 6 For salaries, support, maintenance, miscellaneous purposes, 2 7 and for not more than the following full-time equivalent 2 8 positions: 2 9 .................................................. $ 1,803,044 2 10 ............................................... FTEs 33.00 2 11 2. BANKING DIVISION 2 12 For salaries, support, maintenance, miscellaneous purposes, 2 13 and for not more than the following full-time equivalent 2 14 positions: 2 15 .................................................. $ 6,036,125 2 16 ............................................... FTEs 72.00 2 17 3. CREDIT UNION DIVISION 2 18 For salaries, support, maintenance, miscellaneous purposes, 2 19 and for not more than the following full-time equivalent 2 20 positions: 2 21 .................................................. $ 1,282,995 2 22 ............................................... FTEs 19.00 2 23 4. INSURANCE DIVISION 2 24 a. For salaries, support, maintenance, miscellaneous 2 25 purposes, and for not more than the following full-time 2 26 equivalent positions: 2 27 .................................................. $ 3,770,164 2 28 ............................................... FTEs 93.50 2 29 b. The insurance division may reallocate authorized full- 2 30 time equivalent positions as necessary to respond to 2 31 accreditation recommendations or requirements. The insurance 2 32 division expenditures for examination purposes may exceed the 2 33 projected receipts, refunds, and reimbursements, estimated 2 34 pursuant to section 505.7, subsection 7, including the 2 35 expenditures for retention of additional personnel, if the 3 1 expenditures are fully reimbursable and the division first 3 2 does both of the following: 3 3 (1) Notifies the department of management, the legislative 3 4 fiscal bureau, and the legislative fiscal committee of the 3 5 need for the expenditures. 3 6 (2) Files with each of the entities named in subparagraph 3 7 (1) the legislative and regulatory justification for the 3 8 expenditures, along with an estimate of the expenditures. 3 9 5. PROFESSIONAL LICENSING AND REGULATION DIVISION 3 10 a. For salaries, support, maintenance, miscellaneous 3 11 purposes, and for not more than the following full-time 3 12 equivalent positions: 3 13 .................................................. $ 748,342 3 14 ............................................... FTEs 11.00 3 15 b. Notwithstanding the provisions of section 543B.14 to 3 16 the contrary, all fees and charges collected by the real 3 17 estate commission under chapter 543B shall be paid into the 3 18 general fund of the state, except that for the fiscal year 3 19 beginning July 1, 2002, and ending June 30, 2003, the 3 20 equivalent of thirty dollars per year of the fees for each 3 21 real estate salesperson's license, plus the equivalent of 3 22 thirty dollars per year of the fees for each broker's license 3 23 shall be paid into the Iowa real estate education fund created 3 24 in section 543B.54. 3 25 6. UTILITIES DIVISION 3 26 a. For salaries, support, maintenance, miscellaneous 3 27 purposes, and for not more than the following full-time 3 28 equivalent positions: 3 29 .................................................. $ 6,104,810 3 30 ............................................... FTEs 79.00 3 31 b. The utilities division may expend additional funds, 3 32 including funds for additional personnel, if those additional 3 33 expenditures are actual expenses which exceed the funds 3 34 budgeted for utility regulation and the expenditures are fully 3 35 reimbursable. Before the division expends or encumbers an 4 1 amount in excess of the funds budgeted for regulation, the 4 2 division shall first do both of the following: 4 3 (1) Notify the department of management, the legislative 4 4 fiscal bureau, and the legislative fiscal committee of the 4 5 need for the expenditures. 4 6 (2) File with each of the entities named in subparagraph 4 7 (1) the legislative and regulatory justification for the 4 8 expenditures, along with an estimate of the expenditures. 4 9 The utilities division shall assess the office of consumer 4 10 advocate within the department of justice a pro rata share of 4 11 the operating expenses of the utilities division. Each 4 12 division and the office of consumer advocate shall include in 4 13 its charges assessed or revenues generated, an amount 4 14 sufficient to cover the amount stated in its appropriation, 4 15 any state-assessed indirect costs determined by the department 4 16 of revenue and finance. It is the intent of the general 4 17 assembly that the director of the department of commerce shall 4 18 review on a quarterly basis all out-of-state travel for the 4 19 previous quarter for officers and employees of each division 4 20 of the department if the travel is not already authorized by 4 21 the executive council. 4 22 7. ACCOUNTABLE GOVERNMENT REPORT 4 23 Each division of the department of commerce shall submit a 4 24 report to the cochairpersons and ranking members of the joint 4 25 appropriations subcommittee on administration and regulation 4 26 on or before January 13, 2003, which encompasses the reporting 4 27 requirements provided in Code chapter 8E, including 4 28 development of an agency strategic plan, performance measures, 4 29 performance targets based on performance data, performance 4 30 data, and data sources used to evaluate the agency 4 31 performance, and explanations of the plan's provisions. 4 32 Sec. 4. DEPARTMENT OF COMMERCE – PROFESSIONAL LICENSING 4 33 AND REGULATION. There is appropriated from the housing 4 34 improvement fund of the Iowa department of economic 4 35 development to the division of professional licensing and 5 1 regulation of the department of commerce for the fiscal year 5 2 beginning July 1, 2002, and ending June 30, 2003, the 5 3 following amount, or so much thereof as is necessary, to be 5 4 used for the purposes designated: 5 5 For salaries, support, maintenance, and miscellaneous 5 6 purposes: 5 7 .................................................. $ 62,317 5 8 Sec. 5. DEPARTMENT OF GENERAL SERVICES. There is 5 9 appropriated from the general fund of the state to the 5 10 department of general services for the fiscal year beginning 5 11 July 1, 2002, and ending June 30, 2003, the following amounts, 5 12 or so much thereof as is necessary, to be used for the 5 13 purposes designated: 5 14 1. ADMINISTRATION AND PROPERTY MANAGEMENT 5 15 For salaries, support, maintenance, miscellaneous purposes, 5 16 and for not more than the following full-time equivalent 5 17 positions: 5 18 .................................................. $ 5,271,304 5 19 ............................................... FTEs 152.60 5 20 2. TERRACE HILL OPERATIONS 5 21 For salaries, support, maintenance, and miscellaneous 5 22 purposes necessary for the operation of Terrace Hill and for 5 23 not more than the following full-time equivalent positions: 5 24 .................................................. $ 236,037 5 25 ............................................... FTEs 5.00 5 26 3. RENTAL SPACE 5 27 For payment of lease or rental costs of buildings and 5 28 office space as provided in section 18.12, subsection 9, 5 29 notwithstanding section 18.16: 5 30 .................................................. $ 846,770 5 31 The department shall prepare a summary of lease and rental 5 32 agreements entered into by the department with information 5 33 concerning the location of leased property, the funding source 5 34 for each lease, and the cost of the lease. The summary shall 5 35 be submitted to the general assembly by January 13, 2003. 6 1 4. UTILITY COSTS 6 2 For payment of utility costs and for not more than the 6 3 following full-time equivalent position: 6 4 .................................................. $ 1,817,095 6 5 ............................................... FTEs 1.00 6 6 Notwithstanding sections 8.33 and 18.12, subsection 11, any 6 7 excess funds appropriated for utility costs in this subsection 6 8 shall not revert to the general fund of the state at the end 6 9 of the fiscal year but shall remain available for expenditure 6 10 for the purposes of this subsection during the fiscal year 6 11 beginning July 1, 2003. 6 12 5. The department of general services shall identify all 6 13 positions throughout state government that have job 6 14 responsibilities that are duplicative of the same or similar 6 15 job functions that are performed by similar positions in the 6 16 department of general services. The positions throughout 6 17 state government that are duplicative of positions in the 6 18 department of general services shall be identified by 6 19 department, position title, and position pay grade. The 6 20 department of general services shall also determine if the 6 21 department can perform the functions of the duplicated 6 22 position. The department shall submit a report, with 6 23 findings, conclusions, and supporting data, to the oversight 6 24 committee of the general assembly by September 1, 2002. 6 25 Sec. 6. REVOLVING FUNDS. There is appropriated from the 6 26 designated revolving funds to the department of general 6 27 services for the fiscal year beginning July 1, 2002, and 6 28 ending June 30, 2003, the following amounts, or so much 6 29 thereof as is necessary, to be used for the purposes 6 30 designated: 6 31 1. CENTRALIZED PURCHASING 6 32 From the centralized purchasing permanent revolving fund 6 33 established by section 18.9 for salaries, support, 6 34 maintenance, miscellaneous purposes, and for not more than the 6 35 following full-time equivalent positions: 7 1 .................................................. $ 1,118,960 7 2 ............................................... FTEs 17.95 7 3 2. CENTRALIZED PURCHASING – REMAINDER 7 4 The remainder of the centralized purchasing permanent 7 5 revolving fund is appropriated for the payment of expenses 7 6 incurred through purchases by various state departments and 7 7 for contingencies arising during the fiscal year beginning 7 8 July 1, 2002, and ending June 30, 2003, which are legally 7 9 payable from this fund. 7 10 3. STATE FLEET ADMINISTRATOR 7 11 a. From the state fleet administrator revolving fund 7 12 established by section 18.119 for salaries, support, 7 13 maintenance, miscellaneous purposes, and for not more than the 7 14 following full-time equivalent positions: 7 15 .................................................. $ 881,501 7 16 ............................................... FTEs 16.75 7 17 b. The state fleet administrator shall conduct a study 7 18 concerning the utilization of state-owned vehicles by state 7 19 government that are under the control of the administrator 7 20 pursuant to section 18.114. As part of the study, the state 7 21 fleet administrator shall investigate the cost and benefits of 7 22 entering into an agreement with an entity that leases or rents 7 23 vehicles for the purpose of providing vehicles from that 7 24 source for use by state government. The study shall also 7 25 examine what revenue may be generated as a result of the sale 7 26 of state-owned vehicles. The state fleet administrator shall 7 27 submit a report to the general assembly by January 13, 2003, 7 28 concerning the progress of the administrator in meeting the 7 29 goal of reducing the number of state-owned vehicles. The 7 30 report shall include all relevant data concerning the study, 7 31 any actions taken to reduce the number of state-owned 7 32 vehicles, and any proposed legislative changes needed to 7 33 implement the goal of reducing the number of state-owned 7 34 vehicles. 7 35 4. STATE FLEET ADMINISTRATOR – REMAINDER 8 1 The remainder of the state fleet administrator revolving 8 2 fund is appropriated for the purchase of ethanol blended fuels 8 3 and other fuels specified in section 18.115, subsection 5, 8 4 oil, tires, repairs, and all other maintenance expenses 8 5 incurred in the operation of state-owned motor vehicles and 8 6 for contingencies arising during the fiscal year beginning 8 7 July 1, 2002, and ending June 30, 2003, which are legally 8 8 payable from this fund. 8 9 5. CENTRALIZED PRINTING 8 10 From the centralized printing permanent revolving fund 8 11 established by section 18.57 for salaries, support, 8 12 maintenance, miscellaneous purposes, and for not more than the 8 13 following full-time equivalent positions: 8 14 .................................................. $ 1,328,025 8 15 ............................................... FTEs 29.55 8 16 6. CENTRALIZED PRINTING – REMAINDER 8 17 The remainder of the centralized printing permanent 8 18 revolving fund is appropriated for the expense incurred in 8 19 supplying paper stock, offset printing, copy preparation, 8 20 binding, distribution costs, original payment of printing and 8 21 binding claims and contingencies arising during the fiscal 8 22 year beginning July 1, 2002, and ending June 30, 2003, which 8 23 are legally payable from this fund. 8 24 Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There is 8 25 appropriated from the general fund of the state to the offices 8 26 of the governor and the lieutenant governor for the fiscal 8 27 year beginning July 1, 2002, and ending June 30, 2003, the 8 28 following amounts, or so much thereof as is necessary, to be 8 29 used for the purposes designated: 8 30 1. GENERAL OFFICE 8 31 For salaries, support, maintenance, and miscellaneous 8 32 purposes for the general office of the governor and the 8 33 general office of the lieutenant governor, and for not more 8 34 than the following full-time equivalent positions: 8 35 .................................................. $ 1,270,595 9 1 ............................................... FTEs 17.25 9 2 2. TERRACE HILL QUARTERS 9 3 For salaries, support, maintenance, and miscellaneous 9 4 purposes for the governor's quarters at Terrace Hill, and for 9 5 not more than the following full-time equivalent positions: 9 6 .................................................. $ 100,519 9 7 ............................................... FTEs 3.00 9 8 3. ADMINISTRATIVE RULES COORDINATOR 9 9 For salaries, support, maintenance, and miscellaneous 9 10 purposes for the office of administrative rules coordinator, 9 11 and for not more than the following full-time equivalent 9 12 positions: 9 13 .................................................. $ 132,113 9 14 ............................................... FTEs 3.00 9 15 4. NATIONAL GOVERNORS ASSOCIATION 9 16 For payment of Iowa's membership in the national governors 9 17 association: 9 18 .................................................. $ 64,393 9 19 5. STATE-FEDERAL RELATIONS 9 20 For salaries, support, maintenance, miscellaneous purposes, 9 21 and for not more than the following full-time equivalent 9 22 positions: 9 23 .................................................. $ 106,802 9 24 ............................................... FTEs 2.00 9 25 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 9 26 appropriated from the general fund of the state to the 9 27 department of inspections and appeals for the fiscal year 9 28 beginning July 1, 2002, and ending June 30, 2003, the 9 29 following amounts, or so much thereof as is necessary, for the 9 30 purposes designated: 9 31 1. Administration division 9 32 For salaries, support, maintenance, miscellaneous purposes, 9 33 and for not more than the following full-time equivalent 9 34 positions: 9 35 .................................................. $ 714,101 10 1 ............................................... FTEs 24.00 10 2 2. Administrative hearings division 10 3 For salaries, support, maintenance, miscellaneous purposes, 10 4 and for not more than the following full-time equivalent 10 5 positions: 10 6 .................................................. $ 472,240 10 7 ............................................... FTEs 30.00 10 8 3. Investigations 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 .................................................. $ 1,376,587 10 13 ............................................... FTEs 46.00 10 14 4. Health facilities 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 .................................................. $ 2,276,504 10 19 ............................................... FTEs 108.00 10 20 5. Inspections 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 .................................................. $ 759,066 10 25 ............................................... FTEs 13.00 10 26 6. Employment appeal board 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 .................................................. $ 34,172 10 31 ............................................... FTEs 15.00 10 32 The employment appeal board shall be reimbursed by the 10 33 labor services division of the department of workforce 10 34 development for all costs associated with hearings conducted 10 35 under chapter 91C, related to contractor registration. The 11 1 board may expend, in addition to the amount appropriated under 11 2 this subsection, additional amounts as are directly billable 11 3 to the labor services division under this subsection and to 11 4 retain the additional full-time equivalent positions as needed 11 5 to conduct hearings required pursuant to chapter 91C. 11 6 7. Child advocacy board 11 7 For foster care review and the court appointed special 11 8 advocate program, including salaries, support, maintenance, 11 9 miscellaneous purposes, and for not more than the following 11 10 full-time equivalent positions: 11 11 .................................................. $ 1,711,033 11 12 ............................................... FTEs 44.00 11 13 a. The department of human services, in coordination with 11 14 the child advocacy board, and the department of inspections 11 15 and appeals, shall submit an application for funding available 11 16 pursuant to Title IV-E of the federal Social Security Act for 11 17 claims for child advocacy board, administrative review costs. 11 18 b. It is the intent of the general assembly that the court 11 19 appointed special advocate program investigate and develop 11 20 opportunities for expanding fund-raising for the program. 11 21 c. The child advocacy board shall report to the 11 22 chairpersons and ranking members of the joint appropriations 11 23 subcommittee on administration and regulation and the 11 24 legislative fiscal bureau by August 31, 2002, providing a 11 25 budget for the appropriation made in this subsection. The 11 26 budget shall delineate the expenditures planned for foster 11 27 care review, the court appointed special advocate program, 11 28 joint expenditures, and other pertinent information. The 11 29 board shall submit to the same entities a report of the actual 11 30 expenditures at the close of the fiscal year. 11 31 d. Administrative costs charged by the department of 11 32 inspections and appeals for items funded under this subsection 11 33 shall not exceed 4 percent of the amount appropriated in this 11 34 subsection. 11 35 Sec. 9. RACING AND GAMING COMMISSION. 12 1 1. RACETRACK REGULATION 12 2 There is appropriated from the general fund of the state to 12 3 the racing and gaming commission of the department of 12 4 inspections and appeals for the fiscal year beginning July 1, 12 5 2002, and ending June 30, 2003, the following amount, or so 12 6 much thereof as is necessary, to be used for the purposes 12 7 designated: 12 8 For salaries, support, maintenance, and miscellaneous 12 9 purposes for the regulation of pari-mutuel racetracks, and for 12 10 not more than the following full-time equivalent positions: 12 11 .................................................. $ 2,083,762 12 12 ............................................... FTEs 24.78 12 13 Of the funds appropriated in this subsection, $85,576 shall 12 14 be used to conduct an extended harness racing season. 12 15 2. EXCURSION BOAT REGULATION 12 16 There is appropriated from the general fund of the state to 12 17 the racing and gaming commission of the department of 12 18 inspections and appeals for the fiscal year beginning July 1, 12 19 2002, and ending June 30, 2003, the following amount, or so 12 20 much thereof as is necessary, to be used for the purposes 12 21 designated: 12 22 For salaries, support, maintenance, and miscellaneous 12 23 purposes for administration and enforcement of the excursion 12 24 boat gambling laws, and for not more than the following full- 12 25 time equivalent positions: 12 26 .................................................. $ 1,602,611 12 27 ............................................... FTEs 30.97 12 28 3. ACCOUNTABLE GOVERNMENT REPORT 12 29 The racing and gaming commission shall submit a report to 12 30 the cochairpersons and ranking members of the joint 12 31 appropriations subcommittee on administration and regulation 12 32 on or before January 13, 2003, which encompasses the reporting 12 33 requirements provided in Code chapter 8E, including 12 34 development of an agency strategic plan, performance measures, 12 35 performance targets based on performance data, performance 13 1 data, and data sources used to evaluate the agency 13 2 performance, and explanations of the plan's provisions. 13 3 Sec. 10. USE TAX APPROPRIATION. There is appropriated 13 4 from the use tax receipts collected pursuant to sections 423.7 13 5 and 423.7A prior to their deposit in the road use tax fund 13 6 pursuant to section 423.24, to the appeals and fair hearings 13 7 division of the department of inspections and appeals for the 13 8 fiscal year beginning July 1, 2002, and ending June 30, 2003, 13 9 the following amount, or so much thereof as is necessary, for 13 10 the purposes designated: 13 11 For salaries, support, maintenance, and miscellaneous 13 12 purposes: 13 13 .................................................. $ 1,197,552 13 14 Sec. 11. DEPARTMENT OF MANAGEMENT. There is appropriated 13 15 from the general fund of the state to the department of 13 16 management for the fiscal year beginning July 1, 2002, and 13 17 ending June 30, 2003, the following amounts, or so much 13 18 thereof as is necessary, to be used for the purposes 13 19 designated: 13 20 1. GENERAL OFFICE – STATEWIDE PROPERTY TAX ADMINISTRATION 13 21 For salaries, support, maintenance, miscellaneous purposes, 13 22 and for not more than the following full-time equivalent 13 23 positions: 13 24 .................................................. $ 2,100,036 13 25 ............................................... FTEs 33.00 13 26 2. ENTERPRISE RESOURCE PLANNING 13 27 If funding is provided for the redesign of the enterprise 13 28 resource planning budget system for the fiscal year beginning 13 29 July 1, 2002, then there is appropriated from the general fund 13 30 of the state to the department of management for the fiscal 13 31 year beginning July 1, 2002, and ending June 30, 2003, the 13 32 following amount, or so much thereof as is necessary, to be 13 33 used for the purpose designated: 13 34 For salaries, support, maintenance, and miscellaneous 13 35 purposes for administration of the enterprise resource 14 1 planning system, and for not more than the following full-time 14 2 equivalent position: 14 3 .................................................. $ 58,680 14 4 ............................................... FTEs 1.00 14 5 3. STATE GOVERNMENT ADMINISTRATIVE SERVICES REORGANIZATION 14 6 The department of management, in consultation with other 14 7 administrative departments, shall continue to study and pursue 14 8 the goal of providing for the reorganization of state 14 9 government in order to facilitate the efficient and effective 14 10 delivery of state government services. The reorganization 14 11 study shall concentrate on establishing a new state 14 12 organization that will increase the efficiency of managing the 14 13 major resources of state government, including personnel, 14 14 financial, physical, and information assets, in order to 14 15 provide better service at less cost to all departments of 14 16 state government and the citizens of Iowa. As part of this 14 17 study, the department shall identify and examine areas where 14 18 duplicative services are performed by state government which 14 19 may be more efficiently accomplished by a reorganization and 14 20 redesign of state government. In addition, as part of this 14 21 reorganization study, support services provided to state 14 22 agencies should be reoriented to continuously improve service 14 23 and lower costs through a strong customer focus and 14 24 entrepreneurial management. The department of management 14 25 shall submit a report, including its findings, conclusions, 14 26 and specific recommendations for legislative change, to the 14 27 general assembly by December 2, 2002. 14 28 Sec. 12. ROAD USE TAX APPROPRIATION. There is 14 29 appropriated from the road use tax fund to the department of 14 30 management for the fiscal year beginning July 1, 2002, and 14 31 ending June 30, 2003, the following amount, or so much thereof 14 32 as is necessary, to be used for the purposes designated: 14 33 For salaries, support, maintenance, and miscellaneous 14 34 purposes: 14 35 .................................................. $ 56,000 15 1 Sec. 13. DEPARTMENT OF PERSONNEL. There is appropriated 15 2 from the general fund of the state to the department of 15 3 personnel for the fiscal year beginning July 1, 2002, and 15 4 ending June 30, 2003, the following amounts, or so much 15 5 thereof as is necessary, to be used for the purposes 15 6 designated, including the filing of quarterly reports as 15 7 required in this section: 15 8 1. For salaries, support, maintenance, and miscellaneous 15 9 purposes for the director's staff, research, communications 15 10 and workforce planning services, data processing, financial 15 11 services, customer information and support services, 15 12 employment law and labor relations, training and benefit 15 13 programs, and for not more than the following full-time 15 14 equivalent positions: 15 15 .................................................. $ 3,723,868 15 16 ............................................... FTEs 86.00 15 17 Any funds received by the department for workers' 15 18 compensation purposes shall be used only for the payment of 15 19 workers' compensation claims and administrative costs. 15 20 It is the intent of the general assembly that members of 15 21 the general assembly serving as members of the deferred 15 22 compensation advisory board shall be entitled to receive per 15 23 diem and necessary travel and actual expenses pursuant to 15 24 section 2.10, subsection 5, while carrying out their official 15 25 duties as members of the board. 15 26 2. The department of personnel shall identify all 15 27 positions throughout state government that have job 15 28 responsibilities that are duplicative of the same or similar 15 29 job functions that are performed by similar positions in the 15 30 department of personnel. The positions throughout state 15 31 government that are duplicative of positions in the department 15 32 of personnel shall be identified by department, position 15 33 title, and position pay grade. The department of personnel 15 34 shall also determine if the department can perform the 15 35 functions of the duplicated position. The department shall 16 1 submit a report, with findings, conclusions, and supporting 16 2 data, to the oversight committee of the general assembly by 16 3 September 1, 2002. 16 4 Sec. 14. READY TO WORK PROGRAM COORDINATOR. There is 16 5 appropriated from the surplus funds in the long-term 16 6 disability reserve fund and the workers' compensation trust 16 7 fund to the department of personnel for the fiscal year 16 8 beginning July 1, 2002, and ending June 30, 2003, the 16 9 following amount, or so much thereof as is necessary, to be 16 10 used for the purposes designated: 16 11 For the salary, support, and miscellaneous expenses for the 16 12 ready to work program and coordinator: 16 13 .................................................. $ 89,416 16 14 The moneys appropriated pursuant to this section shall be 16 15 taken in equal proportions from the long-term disability 16 16 reserve fund and the workers' compensation trust fund. 16 17 Sec. 15. IPERS. There is appropriated from the Iowa 16 18 public employees' retirement system fund to the department of 16 19 personnel for the fiscal year beginning July 1, 2002, and 16 20 ending June 30, 2003, the following amount, or so much thereof 16 21 as is necessary, to be used for the purposes designated: 16 22 1. GENERAL OFFICE 16 23 For salaries, support, maintenance, and other operational 16 24 purposes to pay the costs of the Iowa public employees' 16 25 retirement system division and for not more than the following 16 26 full-time positions: 16 27 .................................................. $ 8,062,203 16 28 ............................................... FTEs 90.04 16 29 2. INVESTMENT PROGRAM STAFFING 16 30 It is the intent of the general assembly that the Iowa 16 31 public employees' retirement system division employ sufficient 16 32 staff within the appropriation provided in this section to 16 33 meet the developing requirements of the investment program. 16 34 Sec. 16. IPERS – DEFERRED RETIREMENT OPTION PROGRAM AND 16 35 TERMINATED VESTED MEMBER STUDIES. There is appropriated from 17 1 the Iowa public employees' retirement system fund to the Iowa 17 2 public employees' retirement system division for the fiscal 17 3 year beginning July 1, 2002, and ending June 30, 2003, the 17 4 following amounts, or so much thereof as is necessary, to be 17 5 used for the purposes designated: 17 6 1. For expenses related to the study of the implementation 17 7 of a cost-neutral deferred retirement option plan as directed 17 8 in 2002 Iowa Acts, House File 2532: 17 9 .................................................. $ 95,000 17 10 2. For expenses related to the study of the implementation 17 11 of a new option for terminated vested members as directed in 17 12 2002 Iowa Acts, House File 2532: 17 13 .................................................. $ 40,000 17 14 Sec. 17. PRIMARY ROAD FUND APPROPRIATION. There is 17 15 appropriated from the primary road fund to the department of 17 16 personnel for the fiscal year beginning July 1, 2002, and 17 17 ending June 30, 2003, the following amount, or so much thereof 17 18 as is necessary, to be used for the purposes designated: 17 19 For salaries, support, maintenance, and miscellaneous 17 20 purposes to provide personnel services for the state 17 21 department of transportation: 17 22 .................................................. $ 423,539 17 23 Sec. 18. ROAD USE TAX FUND APPROPRIATION. There is 17 24 appropriated from the road use tax fund to the department of 17 25 personnel for the fiscal year beginning July 1, 2002, and 17 26 ending June 30, 2003, the following amount, or so much thereof 17 27 as is necessary, to be used for the purposes designated: 17 28 For salaries, support, maintenance, and miscellaneous 17 29 purposes to provide personnel services for the state 17 30 department of transportation: 17 31 .................................................. $ 69,237 17 32 Sec. 19. STATE WORKERS' COMPENSATION CLAIMS. The premiums 17 33 collected by the department of personnel shall be segregated 17 34 into a separate workers' compensation fund in the state 17 35 treasury to be used for payment of state employees' workers' 18 1 compensation claims. Notwithstanding section 8.33, 18 2 unencumbered or unobligated moneys remaining in this workers' 18 3 compensation fund at the end of the fiscal year shall not 18 4 revert but shall be available for expenditure for purposes of 18 5 the fund for subsequent fiscal years. 18 6 Any funds received by the department of personnel for 18 7 workers' compensation purposes other than funds appropriated 18 8 in this section shall be used for the payment of workers' 18 9 compensation claims and administrative costs. 18 10 Sec. 20. DEPARTMENT OF REVENUE AND FINANCE. There is 18 11 appropriated from the general fund of the state to the 18 12 department of revenue and finance for the fiscal year 18 13 beginning July 1, 2002, and ending June 30, 2003, the 18 14 following amounts, or so much thereof as is necessary, to be 18 15 used for the purposes designated, and for not more than the 18 16 following full-time equivalent positions used for the purposes 18 17 designated in subsection 1: 18 18 ............................................... FTEs 443.01 18 19 1. COMPLIANCE – INTERNAL RESOURCES MANAGEMENT – STATE 18 20 FINANCIAL MANAGEMENT – STATEWIDE PROPERTY TAX ADMINISTRATION 18 21 For salaries, support, maintenance, and miscellaneous 18 22 purposes: 18 23 .................................................. $ 24,781,012 18 24 Of the funds appropriated pursuant to this subsection, 18 25 $400,000 shall be used to pay the direct costs of compliance 18 26 related to the collection and distribution of local sales and 18 27 services taxes imposed pursuant to chapters 422B and 422E. 18 28 The director of revenue and finance shall prepare and issue 18 29 a state appraisal manual and the revisions to the state 18 30 appraisal manual as provided in section 421.17, subsection 18, 18 31 without cost to a city or county. 18 32 2. COLLECTION COSTS AND FEES 18 33 For payment of collection costs and fees pursuant to 18 34 section 422.26: 18 35 .................................................. $ 28,166 19 1 Sec. 21. LOTTERY. 19 2 1. APPROPRIATION. There is appropriated from the lottery 19 3 fund to the department of revenue and finance for the fiscal 19 4 year beginning July 1, 2002, and ending June 30, 2003, the 19 5 following amount, or so much thereof as is necessary, to be 19 6 used for the purposes designated: 19 7 For salaries, support, maintenance, miscellaneous purposes 19 8 for the administration and operation of lottery games, and for 19 9 not more than the following full-time equivalent positions: 19 10 .................................................. $ 8,688,714 19 11 ............................................... FTEs 117.00 19 12 The lottery shall deduct $500,000 from its calculated 19 13 retained earnings before making lottery proceeds transfers to 19 14 the general fund of the state during the fiscal year beginning 19 15 July 1, 2002. 19 16 2. ACCOUNTABLE GOVERNMENT REPORT. The lottery shall 19 17 submit a report to the cochairpersons and ranking members of 19 18 the joint appropriations subcommittee on administration and 19 19 regulation on or before January 13, 2003, which encompasses 19 20 the reporting requirements provided in Code chapter 8E, 19 21 including development of an agency strategic plan, performance 19 22 measures, performance targets based on performance data, 19 23 performance data, and data sources used to evaluate the agency 19 24 performance, and explanations of the plan's provisions. In 19 25 submitting the report required by this subsection, the lottery 19 26 is not required to disclose any proprietary or otherwise 19 27 confidential information which is considered a confidential 19 28 record pursuant to section 22.7. 19 29 3. VIDEO LOTTERY. It is the intent of the general 19 30 assembly that the lottery should investigate whether the 19 31 deployment of vending machines with video screens would 19 32 enhance the lottery's ability to perform its statutory duties 19 33 and if, in the business judgment of the lottery commissioner 19 34 and the lottery board, it would do so, that the lottery is 19 35 authorized to establish a plan to implement the deployment of 20 1 pull-tab vending machines with video monitors consistent with 20 2 the requirements of this subsection. At a minimum, the 20 3 deployment plan shall include provisions for restricting 20 4 access to these machines by minors, including but not limited 20 5 to requirements relating to the location of these machines. 20 6 Prior to implementing the deployment plan as described in this 20 7 subsection, the lottery shall notify the legislative oversight 20 8 committee and shall submit a report to the committee 20 9 describing the deployment plan, including measures the lottery 20 10 will implement to restrict access to the machines by minors. 20 11 Sec. 22. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 20 12 appropriated from the motor fuel tax fund created by section 20 13 452A.77 to the department of revenue and finance for the 20 14 fiscal year beginning July 1, 2002, and ending June 30, 2003, 20 15 the following amount, or so much thereof as is necessary, to 20 16 be used for the purposes designated: 20 17 For salaries, support, maintenance, and miscellaneous 20 18 purposes for administration and enforcement of the provisions 20 19 of chapter 452A and the motor vehicle use tax program: 20 20 .................................................. $ 1,084,112 20 21 Sec. 23. SECRETARY OF STATE. There is appropriated from 20 22 the general fund of the state to the office of the secretary 20 23 of state for the fiscal year beginning July 1, 2002, and 20 24 ending June 30, 2003, the following amounts, or so much 20 25 thereof as is necessary, to be used for the purposes 20 26 designated: 20 27 1. ADMINISTRATION AND ELECTIONS 20 28 For salaries, support, maintenance, miscellaneous purposes, 20 29 and for not more than the following full-time equivalent 20 30 positions: 20 31 .................................................. $ 680,716 20 32 ............................................... FTEs 10.00 20 33 It is the intent of the general assembly that the state 20 34 department or state agency which provides data processing 20 35 services to support voter registration file maintenance and 21 1 storage shall provide those services without charge. 21 2 2. BUSINESS SERVICES 21 3 For salaries, support, maintenance, miscellaneous purposes, 21 4 and for not more than the following full-time equivalent 21 5 positions: 21 6 .................................................. $ 1,433,235 21 7 ............................................... FTEs 32.00 21 8 Sec. 24. SECRETARY OF STATE FILING FEES REFUND. 21 9 Notwithstanding the obligation to collect fees pursuant to the 21 10 provisions of section 490.122, subsection 1, paragraphs "a" 21 11 and "s", and section 504A.85, subsections 1 and 9, for the 21 12 fiscal year beginning July 1, 2002, and ending June 30, 2003, 21 13 the secretary of state may refund these fees to the filer 21 14 pursuant to rules established by the secretary of state. The 21 15 decision of the secretary of state not to issue a refund under 21 16 rules established by the secretary of state is final and not 21 17 subject to review pursuant to the provisions of the Iowa 21 18 administrative procedure Act. 21 19 Sec. 25. TREASURER. There is appropriated from the 21 20 general fund of the state to the office of treasurer of state 21 21 for the fiscal year beginning July 1, 2002, and ending June 21 22 30, 2003, the following amount, or so much thereof as is 21 23 necessary, to be used for the purposes designated: 21 24 For salaries, support, maintenance, miscellaneous purposes, 21 25 and for not more than the following full-time equivalent 21 26 positions: 21 27 .................................................. $ 785,550 21 28 ............................................... FTEs 25.80 21 29 The office of treasurer of state shall supply clerical and 21 30 secretarial support for the executive council. 21 31 The treasurer of state is authorized not more than the 21 32 following additional full-time equivalent position for the 21 33 purposes provided for in 2002 Iowa Acts, House File 681, 21 34 relating to the pledging of collateral in relation to the 21 35 deposit of uninsured public funds: 22 1 ............................................... FTEs 1.00 22 2 The treasurer of state may expend additional funds for the 22 3 purposes of 2002 Iowa Acts, House File 681, if those 22 4 additional expenditures are actual expenses as provided in 22 5 2002 Iowa Acts, House File 681, and the expenses are fully 22 6 reimbursable. 22 7 Sec. 26. INFORMATION TECHNOLOGY DEPARTMENT. There is 22 8 appropriated from the general fund of the state to the 22 9 information technology department for the fiscal year 22 10 beginning July 1, 2002, and ending June 30, 2003, the 22 11 following amount, or so much thereof as is necessary, to be 22 12 used for the purpose designated: 22 13 For the purpose of providing information technology 22 14 services to state agencies and for the following full-time 22 15 equivalent positions: 22 16 .................................................. $ 2,982,748 22 17 ............................................... FTEs 125.00 22 18 1. The information technology department shall not 22 19 increase any fees or charges to other state agencies for 22 20 services provided to such state agencies by the department, 22 21 unless such increase in fees or charges is first reported to 22 22 the department of management. The department of management 22 23 shall submit a report notifying the legislative fiscal bureau 22 24 regarding any fee increase as the increase occurs. 22 25 2. The department of information technology shall identify 22 26 all positions throughout state government that have job 22 27 responsibilities that are duplicative of the same or similar 22 28 job functions that are performed by similar positions in the 22 29 department of information technology. The positions 22 30 throughout state government that are duplicative of positions 22 31 in the department of information technology shall be 22 32 identified by department, position title, and position pay 22 33 grade. The department of information technology shall also 22 34 determine if the department can perform the functions of the 22 35 duplicated position. The department shall submit a report, 23 1 with findings, conclusions, and supporting data, to the 23 2 oversight committee of the general assembly by September 1, 23 3 2002. 23 4 3. The information technology department shall submit a 23 5 report to the general assembly by January 13, 2003, providing 23 6 information concerning the funding of the operation of the 23 7 department, to include information concerning the receipt and 23 8 use of fees and other revenues by the department, the method 23 9 of determining fees to be charged, and information comparing 23 10 fees charged by the department with comparable private sector 23 11 rates. 23 12 4. It is the intent of the general assembly that all 23 13 agencies comply with the requirements established in section 23 14 304.13A relating to utilization of the electronic repository 23 15 developed for the purpose of providing public access to agency 23 16 publications. To ensure compliance with the requirements, the 23 17 department of management, the information technology 23 18 department, and the state librarian shall coordinate the 23 19 development of a process to maximize and monitor the extent to 23 20 which the number of printed copies of agency publications is 23 21 reduced, and to realize monetary savings through the 23 22 reduction. The process shall include a policy for 23 23 distribution of written copies of publications to members of 23 24 the general assembly on a request-only basis and weekly 23 25 notification of a new publication posting on the repository by 23 26 the state librarian to the secretary of state, secretary of 23 27 the senate, and chief clerk of the house of representatives, 23 28 who in turn shall notify members of the general assembly of 23 29 publication availability. The process shall also include the 23 30 electronic submission of a report by November 1, annually, to 23 31 the legislative fiscal bureau and legislative fiscal committee 23 32 detailing the number of written copies of agency publications 23 33 produced in the preceding two fiscal years, and indicating the 23 34 extent to which a reduction may be observed. 23 35 Sec. 27. FUNDING FOR IOWACCESS. 24 1 1. Notwithstanding section 321A.3, subsection 1, for the 24 2 fiscal year beginning July 1, 2002, and ending June 30, 2003, 24 3 the first $1,000,000 collected and transferred by the 24 4 department of transportation to the treasurer of state with 24 5 respect to the fees for transactions involving the furnishing 24 6 of a certified abstract of a vehicle operating record under 24 7 section 321A.3, subsection 1, shall be transferred to the 24 8 IowAccess revolving fund created in section 14B.206 and 24 9 administered by the information technology department for the 24 10 purposes of developing, implementing, maintaining, and 24 11 expanding electronic access to government records in 24 12 accordance with the requirements set forth in chapter 14B. 24 13 2. It is the intent of the general assembly that all fees 24 14 collected with respect to transactions involving IowAccess 24 15 shall be deposited in the IowAccess revolving fund created in 24 16 section 14B.206 and shall be used only for the support of 24 17 IowAccess projects. 24 18 Sec. 28. DUPLICATION AND REORGANIZATION REVIEWS. In 24 19 implementing the requirements of this division I of this Act, 24 20 involving the department of general services, department of 24 21 management, department of personnel, and information 24 22 technology department identifying duplicative positions or 24 23 studying the reorganization of state government, those 24 24 departments shall consult with the departments that may be 24 25 affected, consider previously conducted studies or reviews, 24 26 and identify the projected impacts of recommended changes upon 24 27 the general fund of the state, road use tax fund, and any 24 28 other affected funding source. 24 29 Sec. 29. Section 7D.33, subsection 2, Code 2001, is 24 30 amended by adding the following new paragraph: 24 31 NEW PARAGRAPH. e. The method of promoting the suggestion 24 32 program in the broadest possible manner to state employees. 24 33 Sec. 30. Section 7D.33, subsection 3, paragraph a, Code 24 34 2001, is amended to read as follows: 24 35 a. When a suggestion is implemented and results in a 25 1 direct cost reduction within state government, the suggester 25 2 shall be awarded ten percent of the first year's net savings, 25 3 not exceedingtwo thousand five hundredtwenty-five thousand 25 4 dollarsor, and a certificate. A cash award shall not be 25 5 awarded for a suggestion which saves less than one hundred 25 6 dollars during the first year of implementation. The 25 7 department head shall approve all awards and determine the 25 8 amount to be awarded. Appeals of award amounts shall be 25 9 submitted to the director of the department of management 25 10 whose decision is final. 25 11 Sec. 31. Section 476.53, Code Supplement 2001, is amended 25 12 by adding the following new subsection: 25 13 NEW SUBSECTION. 4. The utilities board and the consumer 25 14 advocate may employ additional temporary staff, or may 25 15 contract for professional services with persons who are not 25 16 state employees, as the board and the consumer advocate deem 25 17 necessary to perform required functions as provided in this 25 18 section, including but not limited to, review of power 25 19 purchase contracts, review of emission plans and budgets, and 25 20 review of ratemaking principles proposed for construction or 25 21 lease of a new generating facility. Beginning July 1, 2002, 25 22 there is appropriated out of any funds in the state treasury 25 23 not otherwise appropriated, such sums as may be necessary to 25 24 enable the board and the consumer advocate to hire additional 25 25 staff and contract for services under this section. The costs 25 26 of the additional staff and services shall be assessed to the 25 27 utilities pursuant to the procedure in section 476.10 and 25 28 section 475A.6. 25 29 Sec. 32. Section 505.7, subsection 4, Code 2001, is 25 30 amended by striking the subsection and inserting in lieu 25 31 thereof the following: 25 32 4. Except as otherwise provided in subsection 6, the 25 33 insurance division may expend additional funds if those 25 34 additional expenditures are actual expenses which exceed the 25 35 funds budgeted for statutory duties of the division and 26 1 directly result from the statutory duties of the division. The 26 2 amounts necessary to fund the excess division expenses shall 26 3 be collected from additional fees and other moneys collected 26 4 by the division. The division shall notify in writing the 26 5 legislative fiscal bureau and the department of management 26 6 when hiring additional personnel. The written notification 26 7 shall include documentation that any additional expenditure 26 8 related to such hiring will be totally reimbursed to the 26 9 general fund, and shall also include the division's 26 10 justification for hiring such personnel. The division must 26 11 obtain the approval of the department of management only if 26 12 the number of additional personnel to be hired exceeds the 26 13 number of full-time equivalent positions authorized by the 26 14 general assembly. 26 15 Sec. 33. Section 546.10, subsection 3, Code Supplement 26 16 2001, is amended by adding the following new unnumbered 26 17 paragraph: 26 18 NEW UNNUMBERED PARAGRAPH. Notwithstanding subsection 5, 26 19 eighty-five percent of the funds received annually resulting 26 20 from an increase in licensing fees implemented on or after 26 21 April 1, 2002, by a licensing board or commission listed in 26 22 subsection 1, is appropriated to the professional licensing 26 23 and regulation division to be allocated to the board or 26 24 commission for the fiscal year beginning July 1, 2002, and 26 25 succeeding fiscal years, for purposes related to the duties of 26 26 the board or commission, including but not limited to 26 27 additional full-time equivalent positions. The director of 26 28 revenue and finance shall draw warrants upon the treasurer of 26 29 state from the funds appropriated as provided in this section 26 30 and shall make the funds available to the professional 26 31 licensing division on a monthly basis during each fiscal year. 26 32 Sec. 34. 2001 Iowa Acts, First Extraordinary Session, 26 33 chapter 5, section 1, is repealed. 26 34 Sec. 35. EFFECTIVE DATE. This division of this Act takes 26 35 effect July 1, 2002. 27 1 DIVISION II 27 2 AGRICULTURE AND NATURAL RESOURCES 27 3 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 27 4 Sec. 36. GENERAL DEPARTMENT APPROPRIATION. There is 27 5 appropriated from the general fund of the state to the 27 6 department of agriculture and land stewardship for the fiscal 27 7 year beginning July 1, 2002, and ending June 30, 2003, the 27 8 following amount, or so much thereof as is necessary, to be 27 9 used for the purposes designated: 27 10 For purposes of supporting the department, including its 27 11 divisions, for administration, regulations, and programs, for 27 12 salaries, support, maintenance, miscellaneous purposes, and 27 13 for not more than the following full-time equivalent 27 14 positions: 27 15 .................................................. $ 16,469,640 27 16 ............................................... FTEs 440.13 27 17 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 27 18 SPECIAL APPROPRIATIONS 27 19 Sec. 37. RIVER AUTHORITIES. There is appropriated from 27 20 the general fund of the state to the department of agriculture 27 21 and land stewardship for the fiscal year beginning July 1, 27 22 2002, and ending June 30, 2003, the following amount, or so 27 23 much thereof as is necessary, to be used for the purposes 27 24 designated: 27 25 For purposes of supporting the department for membership in 27 26 the state interagency Missouri river authority, created in 27 27 2002 Iowa Acts, Senate File 2051, in the Missouri river basin 27 28 association: 27 29 .................................................. $ 9,780 27 30 Sec. 38. FEED GRAIN PROJECT. There is appropriated from 27 31 the general fund of the state to the department of agriculture 27 32 and land stewardship for the fiscal year beginning July 1, 27 33 2002, and ending June 30, 2003, the following amount, or so 27 34 much thereof as is necessary, to be used for the purposes 27 35 designated: 28 1 For purposes of administering a pilot process verification 28 2 program for feed grains. The program shall be administered in 28 3 conjunction with the Iowa corn growers association: 28 4 .................................................. $ 19,560 28 5 Sec. 39. HORSE AND DOG RACING. There is appropriated from 28 6 the moneys available under section 99D.13 to the 28 7 administrative division of the department of agriculture and 28 8 land stewardship for the fiscal year beginning July 1, 2002, 28 9 and ending June 30, 2003, the following amount, or so much 28 10 thereof as is necessary, to be used for the purposes 28 11 designated: 28 12 For salaries, support, maintenance, and miscellaneous 28 13 purposes for the administration of section 99D.22: 28 14 .................................................. $ 293,441 28 15 Sec. 40. REGULATORY DIVISION DAIRY PRODUCTS CONTROL 28 16 BUREAU. There is appropriated from the general fund of the 28 17 state to the department of agriculture and land stewardship 28 18 for the fiscal year beginning July 1, 2002, and ending June 28 19 30, 2003, the following amount, or so much thereof as is 28 20 necessary, to be used for the purposes designated: 28 21 For purposes of supporting the operations of the dairy 28 22 products control bureau within the department's regulatory 28 23 division, including salaries, support, maintenance, and 28 24 miscellaneous purposes: 28 25 .................................................. $ 664,646 28 26 DEPARTMENT OF NATURAL RESOURCES 28 27 GENERAL APPROPRIATIONS 28 28 Sec. 41. GENERAL DEPARTMENT APPROPRIATION. 28 29 1. There is appropriated from the general fund of the 28 30 state to the department of natural resources for the fiscal 28 31 year beginning July 1, 2002, and ending June 30, 2003, the 28 32 following amount, or so much thereof as is necessary, to be 28 33 used for the purposes designated: 28 34 For purposes of supporting the department, including its 28 35 divisions, for administration, regulations, and programs, for 29 1 salaries, support, maintenance, miscellaneous purposes, and 29 2 for not more than the following full-time equivalent 29 3 positions: 29 4 .................................................. $ 15,555,316 29 5 ............................................... FTEs 1,075.12 29 6 2. Of the amount appropriated in subsection 1, the air 29 7 quality bureau may expend up to $5,000 for purposes of 29 8 supporting public education programs for controlled burning of 29 9 demolition sites and the proper disposal of waste materials 29 10 from demolition sites. 29 11 3. Of the amount appropriated in subsection 1, $5,949,760 29 12 shall be used by the parks and preserves division for 29 13 salaries, support, maintenance, and miscellaneous purposes. 29 14 4. Of the amount appropriated in subsection 1, $1,250,000 29 15 shall be used for salaries, support, maintenance, and 29 16 miscellaneous purposes for activities regarding animal 29 17 agriculture. 29 18 Sec. 42. STATE FISH AND GAME PROTECTION FUND – 29 19 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 29 20 1. a. There is appropriated from the state fish and game 29 21 protection fund to the department of natural resources for the 29 22 fiscal year beginning July 1, 2002, and ending June 30, 2003, 29 23 the following amount, or so much thereof as is necessary, to 29 24 be used for the purposes designated: 29 25 For use by the division of fish and wildlife for 29 26 administrative support, and for salaries, support, 29 27 maintenance, equipment, and miscellaneous purposes: 29 28 .................................................. $ 28,044,786 29 29 b. The department may use moneys appropriated in paragraph 29 30 "a", as is necessary to provide compensation to conservation 29 31 peace officers employed in a protection occupation who retire, 29 32 pursuant to section 97B.49B. 29 33 2. The department shall not expend more moneys from the 29 34 fish and game protection fund than provided in this section, 29 35 unless the expenditure derives from contributions made by a 30 1 private entity, or a grant or moneys received from the federal 30 2 government, and is approved by the natural resource 30 3 commission. The department of natural resources shall 30 4 promptly notify the legislative fiscal bureau and the 30 5 chairpersons and ranking members of the joint appropriations 30 6 subcommittee on agriculture and natural resources concerning 30 7 the commission's approval. 30 8 DEPARTMENT OF NATURAL RESOURCES 30 9 RELATED TRANSFERS AND APPROPRIATIONS 30 10 Sec. 43. SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT 30 11 PURPOSES. There is transferred on July 1, 2002, from the fees 30 12 deposited under section 321G.7 to the fish and game protection 30 13 fund and appropriated to the department of natural resources 30 14 for the fiscal year beginning July 1, 2002, and ending June 30 15 30, 2003, the following amount, or so much thereof as is 30 16 necessary, to be used for the purpose designated: 30 17 For enforcing snowmobile laws as part of the state 30 18 snowmobile program administered by the department of natural 30 19 resources: 30 20 .................................................. $ 100,000 30 21 Sec. 44. VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES. 30 22 There is transferred on July 1, 2002, from the fees deposited 30 23 under section 462A.52 to the fish and game protection fund and 30 24 appropriated to the natural resource commission for the fiscal 30 25 year beginning July 1, 2002, and ending June 30, 2003, the 30 26 following amount, or so much thereof as is necessary, to be 30 27 used for the purpose designated: 30 28 For the administration and enforcement of navigation laws 30 29 and water safety: 30 30 .................................................. $ 1,400,000 30 31 Notwithstanding section 8.33, moneys transferred and 30 32 appropriated in this section that remain unencumbered or 30 33 unobligated at the close of the fiscal year shall not revert 30 34 to the credit of the fish and game protection fund but shall 30 35 be credited to the special conservation fund established by 31 1 section 462A.52 to be used as provided in that section. 31 2 DEPARTMENT OF NATURAL RESOURCES 31 3 SPECIAL APPROPRIATIONS 31 4 Sec. 45. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 31 5 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 31 6 from the unassigned revenue fund administered by the Iowa 31 7 comprehensive underground storage tank fund board, to the 31 8 department of natural resources for the fiscal year beginning 31 9 July 1, 2002, and ending June 30, 2003, the following amount, 31 10 or so much thereof as is necessary, to be used for the purpose 31 11 designated: 31 12 For administration expenses of the underground storage tank 31 13 section of the department of natural resources: 31 14 .................................................. $ 75,000 31 15 Sec. 46. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any 31 16 contrary provision of state law, for the fiscal year beginning 31 17 July 1, 2002, and ending June 30, 2003, the department of 31 18 natural resources may use additional funds available to the 31 19 department from stormwater discharge permit fees for the 31 20 staffing of the following additional full-time staff members 31 21 to reduce the department's floodplain permit backlog: 31 22 ............................................... FTEs 2.00 31 23 Sec. 47. IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY 31 24 LOAD PROGRAM. Notwithstanding any contrary provision of state 31 25 law, for the fiscal year beginning July 1, 2002, and ending 31 26 June 30, 2003, the department of natural resources may use 31 27 additional funds available to the department from stormwater 31 28 discharge permit fees for the staffing of the following 31 29 additional full-time equivalent positions for implementation 31 30 of the federal total maximum daily load program: 31 31 ............................................... FTEs 2.00 31 32 Sec. 48. EFFECTIVE DATE. This division of this Act takes 31 33 effect July 1, 2002. 31 34 DIVISION III 31 35 ECONOMIC DEVELOPMENT 32 1 Sec. 49. GOALS AND ACCOUNTABILITY. 32 2 1. The goals for the department of economic development 32 3 shall be to expand and stimulate the state economy, increase 32 4 the wealth of Iowans, and increase the population of the 32 5 state. 32 6 2. To achieve the goals in subsection 1, the department of 32 7 economic development shall do all of the following: 32 8 a. Concentrate its efforts on programs and activities that 32 9 result in commercially viable products and services. 32 10 b. Adopt practices and services consistent with free 32 11 market, private sector philosophies. 32 12 c. Ensure economic growth and development throughout the 32 13 state. 32 14 3. The department of economic development shall 32 15 demonstrate accountability by using performance measures 32 16 appropriate to show the attainment of the goals in subsection 32 17 1 for the state and by measuring the effectiveness and results 32 18 of the department's programs and activities. The performance 32 19 measures and associated benchmarks shall be developed or 32 20 identified in cooperation with the legislative fiscal bureau 32 21 and approved by the joint appropriations subcommittee on 32 22 economic development. The data demonstrating accountability 32 23 collected by the department shall be made readily available 32 24 and maintained in computer-readable format. 32 25 Sec. 50. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 32 26 appropriated from the general fund of the state to the 32 27 department of economic development for the fiscal year 32 28 beginning July 1, 2002, and ending June 30, 2003, the 32 29 following amounts, or so much thereof as is necessary, to be 32 30 used for the purposes designated: 32 31 1. ADMINISTRATIVE SERVICES DIVISION 32 32 a. General administration 32 33 For salaries, support, maintenance, miscellaneous purposes, 32 34 programs, for the transfer to the Iowa state commission grant 32 35 program, and for not more than the following full-time 33 1 equivalent positions: 33 2 .................................................. $ 1,509,134 33 3 ............................................... FTEs 28.75 33 4 b. The department shall work with businesses and 33 5 communities to continually improve the economic development 33 6 climate along with the economic well-being and quality of life 33 7 for Iowans. The administrative services division shall 33 8 coordinate with other state agencies ensuring that all state 33 9 departments are attentive to the needs of an entrepreneurial 33 10 culture. 33 11 2. BUSINESS DEVELOPMENT DIVISION 33 12 a. Business development operations 33 13 For business development operations and programs, 33 14 international trade, export assistance, workforce recruitment, 33 15 the partner state program, for transfer to the strategic 33 16 investment fund, for transfer to the value-added agricultural 33 17 products and processes financial assistance fund, salaries, 33 18 support, maintenance, miscellaneous purposes, and for not more 33 19 than the following full-time equivalent positions: 33 20 ................................................. $ 10,311,286 33 21 .............................................. FTEs 60.00 33 22 b. The department shall establish a strong and aggressive 33 23 marketing image to showcase Iowa's workforce, existing 33 24 industry, and potential. A priority shall be placed on 33 25 recruiting new businesses, business expansion, and retaining 33 26 existing Iowa businesses. Emphasis shall also be placed on 33 27 entrepreneurial development through helping to secure capital 33 28 for entrepreneurs, and developing networks and a business 33 29 climate conducive to entrepreneurs and small business. 33 30 c. Notwithstanding section 8.33, moneys appropriated in 33 31 this subsection that remain unencumbered or unobligated at the 33 32 close of the fiscal year shall not revert but shall remain 33 33 available for expenditure for the purposes designated until 33 34 the close of the succeeding fiscal year. 33 35 3. COMMUNITY AND RURAL DEVELOPMENT DIVISION 34 1 a. Community development programs 34 2 For salaries, support, maintenance, miscellaneous purposes, 34 3 community economic development programs, tourism operations, 34 4 community assistance, the film office, the mainstreet and 34 5 rural mainstreet programs, the school-to-career program, the 34 6 community development block grant, and housing and shelter- 34 7 related programs and for not more than the following full-time 34 8 equivalent positions: 34 9 .................................................. $ 4,591,404 34 10 ............................................... FTEs 65.00 34 11 b. The department shall encourage development of 34 12 communities and quality of life to foster economic growth. The 34 13 department shall prepare communities for future growth and 34 14 development through development, expansion, and modernization 34 15 of infrastructure. 34 16 c. The department shall develop public-private 34 17 partnerships with Iowa businesses in the tourism industry, 34 18 Iowa tour groups, Iowa tourism organizations, and political 34 19 subdivisions in this state to assist in the development of 34 20 advertising efforts. The department shall, to the fullest 34 21 extent possible, develop cooperative efforts for advertising 34 22 with contributions from other sources. 34 23 d. Notwithstanding section 8.33, moneys that remain 34 24 unexpended at the end of the fiscal year shall not revert to 34 25 any fund but shall remain available for expenditure for the 34 26 designated purposes during the succeeding fiscal year. 34 27 4. For allocating moneys for the world food prize: 34 28 .................................................. $ 285,000 34 29 Sec. 51. VISION IOWA PROGRAM – FTE AUTHORIZATION. For 34 30 purposes of administrative duties associated with the vision 34 31 Iowa program, the department of economic development is 34 32 authorized an additional 3.00 full-time equivalent positions 34 33 above those otherwise authorized in this division of this Act. 34 34 Sec. 52. RURAL COMMUNITY 2000 PROGRAM. There is 34 35 appropriated from loan repayments on loans under the former 35 1 rural community 2000 program, sections 15.281 through 15.288, 35 2 Code 2001, to the department of economic development for the 35 3 fiscal year beginning July 1, 2002, and ending June 30, 2003, 35 4 the following amounts, or so much thereof as is necessary, to 35 5 be used for the purposes designated: 35 6 1. For providing financial assistance to Iowa's councils 35 7 of governments that provide technical and planning assistance 35 8 to local governments: 35 9 .................................................. $ 150,000 35 10 2. For the rural development program for the purposes of 35 11 the program including the rural enterprise fund and 35 12 collaborative skills development training: 35 13 .................................................. $ 370,000 35 14 Sec. 53. INSURANCE ECONOMIC DEVELOPMENT. There is 35 15 appropriated from moneys collected by the division of 35 16 insurance in excess of the anticipated gross revenues under 35 17 section 505.7, subsection 3, to the department of economic 35 18 development for the fiscal year beginning July 1, 2002, and 35 19 ending June 30, 2003, the following amount, or so much thereof 35 20 as is necessary, for insurance economic development and 35 21 international insurance economic development: 35 22 .................................................. $ 100,000 35 23 Sec. 54. TOURISM OPERATIONS. There is appropriated from 35 24 the community attraction and tourism fund created in section 35 25 15F.204 to the department of economic development for the 35 26 fiscal year beginning July 1, 2002, and ending June 30, 2003, 35 27 the following amount, or so much thereof as is necessary, to 35 28 be used for the purposes designated: 35 29 For tourism operations, including salaries, support, 35 30 maintenance, and miscellaneous purposes: 35 31 .................................................. $ 1,200,000 35 32 Moneys appropriated pursuant to this section shall not be 35 33 appropriated from moneys in the community attraction and 35 34 tourism fund which are moneys originating from the tax-exempt 35 35 bond proceeds restricted capital funds account of the tobacco 36 1 settlement trust fund. 36 2 Sec. 55. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 36 3 section 15E.120, subsections 5 and 6, there is appropriated 36 4 from the Iowa community development loan fund all the moneys 36 5 available during the fiscal year beginning July 1, 2002, and 36 6 ending June 30, 2003, to the department of economic 36 7 development for the community development program to be used 36 8 by the department for the purposes of the program. 36 9 Sec. 56. WORKFORCE DEVELOPMENT FUND. There is 36 10 appropriated from the workforce development fund account 36 11 created in section 15.342A, to the workforce development fund 36 12 created in section 15.343, for the fiscal year beginning July 36 13 1, 2002, and ending June 30, 2003, the following amount, for 36 14 the purposes of the workforce development fund, and for not 36 15 more than the following full-time equivalent positions: 36 16 .................................................. $ 4,000,000 36 17 ............................................... FTEs 4.00 36 18 Sec. 57. WORKFORCE DEVELOPMENT ADMINISTRATION. From funds 36 19 appropriated or transferred to or receipts credited to the 36 20 workforce development fund created in section 15.343, up to 36 21 $400,000 for the fiscal year beginning July 1, 2002, and 36 22 ending June 30, 2003, may be used for the administration of 36 23 workforce development activities including salaries, support, 36 24 maintenance, and miscellaneous purposes and for not more than 36 25 4.00 full-time equivalent positions. 36 26 Sec. 58. JOB TRAINING FUND. Notwithstanding section 36 27 15.251, all remaining moneys in the job training fund on July 36 28 1, 2002, and any moneys appropriated or credited to the fund 36 29 during the fiscal year beginning July 1, 2002, shall be 36 30 transferred to the workforce development fund established 36 31 pursuant to section 15.343. 36 32 Sec. 59. IOWA STATE UNIVERSITY. 36 33 1. There is appropriated from the general fund of the 36 34 state to the Iowa state university of science and technology 36 35 for the fiscal year beginning July 1, 2002, and ending June 37 1 30, 2003, the following amount, or so much thereof as is 37 2 necessary, to be used for small business development centers, 37 3 the science and technology research park, the institute for 37 4 physical research, and for not more than the following full- 37 5 time equivalent positions: 37 6 .................................................. $ 2,384,063 37 7 ............................................... FTEs 56.53 37 8 2. Iowa state university of science and technology shall 37 9 do all of the following: 37 10 a. Direct expenditures for research toward projects that 37 11 will provide economic stimulus for Iowa. 37 12 b. Emphasize that a business and an individual that 37 13 creates a business and receives benefits from a program 37 14 funded, in part, through moneys appropriated in this section 37 15 have a commercially viable product or service. 37 16 c. Provide emphasis to providing services to Iowa-based 37 17 companies. 37 18 3. It is the intent of the general assembly that the 37 19 industrial incentive program focus on Iowa industrial sectors 37 20 and seek contributions and in-kind donations from businesses, 37 21 industrial foundations, and trade associations and that moneys 37 22 for the institute for physical research and technology 37 23 industrial incentive program shall only be allocated for 37 24 projects which are matched by private sector moneys for 37 25 directed contract research or for nondirected research. The 37 26 match required of small businesses as defined in section 37 27 15.102, subsection 4, for directed contract research or for 37 28 nondirected research shall be $1 for each $3 of state funds. 37 29 The match required for other businesses for directed contract 37 30 research or for nondirected research shall be $1 for each $1 37 31 of state funds. The match required of industrial foundations 37 32 or trade associations shall be $1 for each $1 of state funds. 37 33 Iowa state university of science and technology shall 37 34 report annually to the joint appropriations subcommittee on 37 35 economic development and the legislative fiscal bureau the 38 1 total amount of private contributions, the proportion of 38 2 contributions from small businesses and other businesses, and 38 3 the proportion for directed contract research and nondirected 38 4 research of benefit to Iowa businesses and industrial sectors. 38 5 Notwithstanding section 8.33, moneys appropriated in this 38 6 section that remain unencumbered or unobligated at the close 38 7 of the fiscal year shall not revert but shall remain available 38 8 for expenditure for the purposes designated until the close of 38 9 the succeeding fiscal year. 38 10 Sec. 60. UNIVERSITY OF IOWA. 38 11 1. There is appropriated from the general fund of the 38 12 state to the state university of Iowa for the fiscal year 38 13 beginning July 1, 2002, and ending June 30, 2003, the 38 14 following amount, or so much thereof as is necessary, to be 38 15 used for the university of Iowa research park and for the 38 16 advanced drug development program at the Oakdale research 38 17 park, including salaries, support, maintenance, equipment, 38 18 miscellaneous purposes, and for not more than the following 38 19 full-time equivalent positions: 38 20 .................................................. $ 245,463 38 21 ............................................... FTEs 6.00 38 22 2. The university of Iowa shall do all of the following: 38 23 a. Direct expenditures for research toward projects that 38 24 will provide economic stimulus for Iowa. 38 25 b. Emphasize that a business and an individual that 38 26 creates a business and receives benefits from a program 38 27 funded, in part, through moneys appropriated in this section 38 28 have a commercially viable product or service. 38 29 c. Provide emphasis to providing services to Iowa-based 38 30 companies. 38 31 3. The board of regents shall submit a report on the 38 32 progress of regents institutions in meeting the strategic plan 38 33 for technology transfer and economic development to the 38 34 secretary of the senate, the chief clerk of the house of 38 35 representatives, and the legislative fiscal bureau by January 39 1 15, 2003. 39 2 4. Notwithstanding section 8.33, moneys appropriated in 39 3 this section that remain unencumbered or unobligated at the 39 4 close of the fiscal year shall not revert but shall remain 39 5 available for expenditure for the purposes designated until 39 6 the close of the succeeding fiscal year. 39 7 Sec. 61. UNIVERSITY OF NORTHERN IOWA. 39 8 1. There is appropriated from the general fund of the 39 9 state to the university of northern Iowa for the fiscal year 39 10 beginning July 1, 2002, and ending June 30, 2003, the 39 11 following amount, or so much thereof as is necessary, to be 39 12 used for the metal casting institute, and for the institute of 39 13 decision making, including salaries, support, maintenance, 39 14 miscellaneous purposes, and for not more than the following 39 15 full-time equivalent positions: 39 16 .................................................. $ 352,889 39 17 ............................................... FTEs 11.15 39 18 2. The university of northern Iowa shall do all of the 39 19 following: 39 20 a. Direct expenditures for research toward projects that 39 21 will provide economic stimulus for Iowa. 39 22 b. Emphasize that a business and an individual that 39 23 creates a business and receives benefits from a program 39 24 funded, in part, through moneys appropriated in this section 39 25 have a commercially viable product or service. 39 26 c. Provide emphasis to providing services to Iowa-based 39 27 companies. 39 28 3. Notwithstanding section 8.33, moneys appropriated in 39 29 this section that remain unencumbered or unobligated at the 39 30 close of the fiscal year shall not revert but shall remain 39 31 available for expenditure for the purposes designated until 39 32 the close of the succeeding fiscal year. 39 33 Sec. 62. DEPARTMENT OF WORKFORCE DEVELOPMENT. 39 34 1. There is appropriated from the general fund of the 39 35 state, to the department of workforce development for the 40 1 fiscal year beginning July 1, 2002, and ending June 30, 2003, 40 2 the following amount, or so much thereof as is necessary, for 40 3 the division of labor services, the division of workers' 40 4 compensation, the workforce development state and regional 40 5 boards, the new employment opportunity fund, salaries, 40 6 support, maintenance, miscellaneous purposes, and for not more 40 7 than the following full-time equivalent positions: 40 8 .................................................. $ 4,878,316 40 9 ............................................... FTEs 113.30 40 10 2. From the contractor registration fees, the division of 40 11 labor services shall reimburse the department of inspections 40 12 and appeals for all costs associated with hearings under 40 13 chapter 91C, relating to contractor registration. 40 14 3. The division of workers' compensation shall continue 40 15 charging a $65 filing fee for workers' compensation cases. The 40 16 filing fee shall be paid by the petitioner of a claim. 40 17 However, the fee can be taxed as a cost and paid by the losing 40 18 party, except in cases where it would impose an undue hardship 40 19 or be unjust under the circumstances. 40 20 4. Notwithstanding section 8.33, moneys appropriated in 40 21 this section that remain unencumbered or unobligated at the 40 22 close of the fiscal year shall not revert but shall remain 40 23 available for expenditure for the purposes designated until 40 24 the close of the succeeding fiscal year. 40 25 Sec. 63. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 40 26 Notwithstanding section 96.7, subsection 12, paragraph "c", 40 27 there is appropriated from the administrative contribution 40 28 surcharge fund of the state to the department of workforce 40 29 development for the fiscal year beginning July 1, 2002, and 40 30 ending June 30, 2003, any moneys remaining in the 40 31 administrative contribution surcharge fund on June 30, 2002, 40 32 and the entire amount collected during the fiscal year 40 33 beginning July 1, 2002, and ending June 30, 2003, or so much 40 34 thereof as is necessary, for salaries, support, maintenance, 40 35 conducting labor market surveys, miscellaneous purposes, and 41 1 for workforce development regional advisory board member 41 2 expenses. 41 3 Sec. 64. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 41 4 appropriated from the special employment security contingency 41 5 fund to the department of workforce development for the fiscal 41 6 year beginning July 1, 2002, and ending June 30, 2003, the 41 7 following amounts, or so much thereof as is necessary, for the 41 8 purposes designated: 41 9 1. DIVISION OF WORKERS' COMPENSATION 41 10 For salaries, support, maintenance, and miscellaneous 41 11 purposes: 41 12 .................................................. $ 471,000 41 13 2. IMMIGRATION SERVICE CENTERS 41 14 For salaries, support, maintenance, and miscellaneous 41 15 purposes for the pilot immigration service centers: 41 16 .................................................. $ 160,000 41 17 The department of workforce development shall maintain 41 18 pilot immigration service centers that offer one-stop services 41 19 to deal with the multiple issues related to immigration and 41 20 employment. The pilot centers shall be designed to support 41 21 workers, businesses, and communities with information, 41 22 referrals, job placement assistance, translation, language 41 23 training, resettlement, as well as technical and legal 41 24 assistance on such issues as forms and documentation. Through 41 25 the coordination of local, state, and federal service 41 26 providers, and through the development of partnerships with 41 27 public, private, and nonprofit entities with established 41 28 records of international service, these pilot centers shall 41 29 seek to provide a seamless service delivery system for new 41 30 Iowans. 41 31 3. LABOR MARKET INFORMATION 41 32 For salaries, support, maintenance, miscellaneous purposes 41 33 for collection of labor market information, and for not more 41 34 than the following full-time equivalent position: 41 35 .................................................. $ 67,078 42 1 ............................................... FTEs 1.00 42 2 Any additional penalty and interest revenue may be used to 42 3 accomplish the mission of the department upon notification of 42 4 the use to the chairpersons and ranking members of the joint 42 5 appropriations subcommittee on economic development, the 42 6 department of management, and the legislative fiscal bureau. 42 7 However, the department shall not allocate any additional 42 8 penalty and interest revenue prior to January 30, 2003. 42 9 Sec. 65. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 42 10 appropriated from the general fund of the state to the public 42 11 employment relations board for the fiscal year beginning July 42 12 1, 2002, and ending June 30, 2003, the following amount, or so 42 13 much thereof as is necessary, for the purposes designated: 42 14 For salaries, support, maintenance, miscellaneous purposes, 42 15 and for not more than the following full-time equivalent 42 16 positions: 42 17 .................................................. $ 815,857 42 18 ............................................... FTEs 12.00 42 19 Sec. 66. Section 15E.112, subsection 5, Code 2001, is 42 20 amended by striking the subsection. 42 21 Sec. 67. Section 159A.7, subsection 6, Code 2001, is 42 22 amended by striking the subsection. 42 23 Sec. 68. 2000 Iowa Acts, chapter 1230, section 11, 42 24 unnumbered paragraph 3, as amended by 2001 Iowa Acts, chapter 42 25 188, section 19, is amended to read as follows: 42 26 In addition to moneys appropriated by this section, 42 27 notwithstanding section 96.7, subsection 12, paragraph "c", 42 28 for the fiscal year beginning July 1, 2000, there is 42 29 appropriated from the administrative contribution surcharge 42 30 fund of the state to the department of workforce development 42 31 $700,000, or so much thereof as is necessary, for matching 42 32 funds for welfare-to-work grants authorized through the United 42 33 States department of labor. Notwithstanding section 8.33, 42 34 moneys appropriated in this unnumbered paragraph that remain 42 35 unencumbered or unobligated on June 30, 2001, shall not revert 43 1 but shall remain available for expenditure for the purposes 43 2 designated for the fiscalyearyears beginning July 1, 2001, 43 3 and July 1, 2002. 43 4 Sec. 69. VALUE-ADDED AGRICULTURAL PRODUCTS AND PROCESSES 43 5 FINANCIAL ASSISTANCE FUND MONEYS. The office of renewable 43 6 fuels and coproducts may apply to the department of economic 43 7 development for moneys in value-added agricultural products 43 8 and processes financial assistance fund for deposit in the 43 9 renewable fuels and coproducts fund created in section 159A.7. 43 10 Sec. 70. IOWA FINANCE AUTHORITY AUDIT. The auditor of 43 11 state is requested to review the audit of the Iowa finance 43 12 authority performed by the auditor hired by the authority. The 43 13 auditor of state is also requested to conduct a performance 43 14 audit of the authority to determine the effectiveness of the 43 15 authority and the programs of the authority. 43 16 Sec. 71. APPLICATION FOR DEPARTMENT OF ECONOMIC 43 17 DEVELOPMENT MONEYS. For the fiscal year beginning July 1, 43 18 2002, any entity that was specifically identified in 2001 Iowa 43 19 Acts, chapter 188, to receive funding from the department of 43 20 economic development, excluding any entity identified to 43 21 receive a direct appropriation beginning July 1, 2002, may 43 22 apply to the department for assistance through the appropriate 43 23 program. The department shall provide application criteria 43 24 necessary to implement this section. 43 25 Sec. 72. EXPENDITURE AND ALLOCATION REPORTS. The 43 26 department of economic development, the department of 43 27 workforce development, and the regents institutions receiving 43 28 an appropriation pursuant to this division of this Act shall 43 29 file a written report on a quarterly basis with the 43 30 chairpersons and ranking members of the joint appropriations 43 31 subcommittee on economic development and the legislative 43 32 fiscal bureau regarding all expenditures of moneys 43 33 appropriated pursuant to this division of this Act during the 43 34 quarter, allocations of moneys appropriated pursuant to this 43 35 division of this Act during the quarter, and full-time 44 1 equivalent positions allocated during the quarter. 44 2 Sec. 73. EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT FORM. 44 3 Notwithstanding Iowa administrative code 871, chapter 22, an 44 4 entity filing the employer's contribution and payroll report 44 5 form and any other unemployment insurance forms on behalf of 44 6 multiple accounts shall be allowed to submit one check for 44 7 these accounts. A listing of applicable account numbers shall 44 8 be submitted with the payment. 44 9 Sec. 74. SHELTER ASSISTANCE FUND. In providing moneys 44 10 from the shelter assistance fund to homeless shelter programs 44 11 in the fiscal year beginning July 1, 2002, and ending June 30, 44 12 2003, the department of economic development shall explore the 44 13 potential of allocating moneys to homeless shelter programs 44 14 based in part on their ability to move their clients toward 44 15 self-sufficiency. 44 16 Sec. 75. ISCC REPORT. By December 31, 2002, the 44 17 department of economic development shall submit a written 44 18 report to the chairpersons and the ranking members of the 44 19 joint appropriations subcommittee on economic development and 44 20 the legislative fiscal bureau. The report shall identify any 44 21 moneys received from the ISCC liquidation corporation. 44 22 Sec. 76. FEDERAL GRANTS. All federal grants to and the 44 23 federal receipts of agencies appropriated funds under this 44 24 division of this Act, not otherwise appropriated, are 44 25 appropriated for the purposes set forth in the federal grants 44 26 or receipts unless otherwise provided by the general assembly. 44 27 Sec. 77. UNEMPLOYMENT COMPENSATION PROGRAM. 44 28 Notwithstanding section 96.9, subsection 4, paragraph "a", 44 29 moneys credited to the state by the secretary of the treasury 44 30 of the United States pursuant to section 903 of the Social 44 31 Security Act shall be appropriated to the department of 44 32 workforce development and shall be used by the department for 44 33 the administration of the unemployment compensation program 44 34 only. This appropriation shall not apply to any fiscal year 44 35 beginning after December 31, 2002. 45 1 Sec. 78. PAYROLL EXPENDITURE REFUNDS. In lieu of the 45 2 appropriation made in section 15.365, subsection 3, there is 45 3 appropriated for the fiscal year beginning July 1, 2002, and 45 4 ending June 30, 2003, $28,498, or so much thereof as is 45 5 necessary, from the general fund of the state to the 45 6 department of economic development to pay refunds as provided 45 7 under section 15.365. 45 8 Sec. 79. EFFECTIVE DATE. This division of this Act takes 45 9 effect July 1, 2002. 45 10 DIVISION IV 45 11 EDUCATION 45 12 Sec. 80. 2002 Iowa Acts, Senate File 2326, section 76, 45 13 subsection 3, paragraph a, is amended by striking the 45 14 paragraph. 45 15 Sec. 81. 2002 Iowa Acts, Senate File 2326, section 76, 45 16 subsection 5, is amended by striking the subsection. 45 17 Sec. 82. 2002 Iowa Acts, Senate File 2326, section 78, 45 18 subsection 1, unnumbered paragraph 1, is amended to read as 45 19 follows: 45 20 For salaries, support, maintenance, miscellaneous purposes, 45 21 and for not more than the following full-time equivalent 45 22 positions: 45 23 .................................................. $231,70745 24 215,488 45 25 ............................................... FTEs 4.30 45 26 Sec. 83. 2002 Iowa Acts, Senate File 2326, section 78, 45 27 subsections 2, 3, and 5, are amended to read as follows: 45 28 2. COMMUNITY CULTURAL GRANTS 45 29 For planning and programming for the community cultural 45 30 grants program established under section 303.3, and for not 45 31 more than the following full-time equivalent position: 45 32 .................................................. $598,45045 33 300,000 45 34 ............................................... FTEs 0.70 45 35 3. HISTORICAL DIVISION 46 1 For salaries, support, maintenance, miscellaneous purposes, 46 2 and for not more than the following full-time equivalent 46 3 positions: 46 4 .................................................. $3,025,89146 5 2,814,079 46 6 ............................................... FTEs 66.70 46 7 5. ARTS DIVISION 46 8 For salaries, support, maintenance, miscellaneous purposes, 46 9 including funds to match federal grants and for not more than 46 10 the following full-time equivalent positions: 46 11 .................................................. $1,254,67946 12 1,166,851 46 13 ............................................... FTEs 11.00 46 14 Sec. 84. 2002 Iowa Acts, Senate File 2326, section 79, 46 15 subsections 1 through 3, are amended to read as follows: 46 16 1. GENERAL ADMINISTRATION 46 17 For salaries, support, maintenance, miscellaneous purposes, 46 18 and for not more than the following full-time equivalent 46 19 positions: 46 20 .................................................. $5,165,53146 21 5,051,889 46 22 ............................................... FTEs 104.45 46 23 The director of the department of education shall ensure 46 24 that all school districts are aware of the state education 46 25 resources available on the state website for listing teacher 46 26 job openings and shall make every reasonable effort to enable 46 27 qualified practitioners to post their resumes on the state 46 28 website. The department shall administer the posting of job 46 29 vacancies for school districts, accredited nonpublic schools, 46 30 and area education agencies on the state website. The 46 31 department may coordinate this activity with the Iowa school 46 32 board association or other interested education associations 46 33 in the state. 46 34 2. VOCATIONAL EDUCATION ADMINISTRATION 46 35 For salaries, support, maintenance, miscellaneous purposes, 47 1 and for not more than the following full-time equivalent 47 2 positions: 47 3 .................................................. $500,11147 4 489,109 47 5 ............................................... FTEs 15.60 47 6 3. BOARD OF EDUCATIONAL EXAMINERS 47 7 For salaries, support, maintenance, miscellaneous purposes, 47 8 and for not more than the following full-time equivalent 47 9 positions: 47 10 .................................................. $43,69547 11 42,734 47 12 ............................................... FTEs 9.00 47 13 Sec. 85. 2002 Iowa Acts, Senate File 2326, section 79, 47 14 subsection 4, paragraph a, unnumbered paragraph 1, is amended 47 15 to read as follows: 47 16 For salaries, support, maintenance, miscellaneous purposes, 47 17 and for not more than the following full-time equivalent 47 18 positions: 47 19 .................................................. $4,386,85447 20 4,290,343 47 21 ............................................... FTEs 290.50 47 22 Sec. 86. 2002 Iowa Acts, Senate File 2326, section 79, 47 23 subsection 4, paragraph b, unnumbered paragraph 1, is amended 47 24 to read as follows: 47 25 For matching funds for programs to enable persons with 47 26 severe physical or mental disabilities to function more 47 27 independently, including salaries and support, and for not 47 28 more than the following full-time equivalent position: 47 29 .................................................. $57,15847 30 55,901 47 31 ............................................... FTEs 1.00 47 32 Sec. 87. 2002 Iowa Acts, Senate File 2326, section 79, 47 33 subsection 5, paragraph a, is amended to read as follows: 47 34 a. For salaries, support, maintenance, miscellaneous 47 35 purposes, and for not more than the following full-time 48 1 equivalent positions: 48 2 .................................................. $1,500,00048 3 1,250,000 48 4 ............................................... FTEs 20.00 48 5 Sec. 88. 2002 Iowa Acts, Senate File 2326, section 79, 48 6 subsection 5, paragraph b, unnumbered paragraph 1, is amended 48 7 to read as follows: 48 8 For the enrich Iowa program: 48 9 .................................................. $1,781,16848 10 1,741,982 48 11 Sec. 89. 2002 Iowa Acts, Senate File 2326, section 79, 48 12 subsections 6 and 7, are amended to read as follows: 48 13 6. LIBRARY SERVICE AREA SYSTEM 48 14 For state aid: 48 15 .................................................. $1,443,61348 16 1,411,854 48 17 7. PUBLIC BROADCASTING DIVISION 48 18 For salaries, support, maintenance, capital expenditures, 48 19 miscellaneous purposes, and for not more than the following 48 20 full-time equivalent positions: 48 21 .................................................. $6,856,40748 22 6,356,407 48 23 ............................................... FTEs 89.00 48 24 Sec. 90. 2002 Iowa Acts, Senate File 2326, section 79, 48 25 subsection 11, unnumbered paragraph 1, is amended to read as 48 26 follows: 48 27 For deposit in the school ready children grants account of 48 28 the Iowa empowerment fund created in section 28.9: 48 29 .................................................. $14,033,44848 30 13,724,712 48 31 Sec. 91. 2002 Iowa Acts, Senate File 2326, section 79, 48 32 subsections 13 through 16, are amended by striking the 48 33 subsections. 48 34 Sec. 92. Section 256.9, subsection 48, Code Supplement 48 35 2001, is amended to read as follows: 49 1 48. Develop and administer, with the cooperation of the 49 2 commission of veterans affairs, a program which shall be known 49 3 as"operation recognition". The purpose of the program is to 49 4 award high school diplomas toWorld War IIveterans of World 49 5 War I, World War II, and the Korean and Vietnam conflicts who 49 6 left high school prior to graduation to enter United States 49 7 military service. The department and the commission shall 49 8 jointly develop an application procedure, distribute 49 9 applications, and publicize the program to school districts, 49 10 accredited nonpublic schools, county commissions of veteran 49 11 affairs, veterans organizations, and state, regional, and 49 12 local media. All honorably dischargedWorld War IIveterans 49 13 who are residents or former residents of the state,; who 49 14 served at any time between April 6, 1917, and November 11, 49 15 1918, at any time between September 16, 1940, and December 31, 49 16 1946, at any time between June 25, 1950, and January 31, 1955, 49 17 or at any time between February 28, 1961, and May 5, 1975, all 49 18 dates inclusive; and who did not return to school and complete 49 19 their education after the war or conflict shall be eligible to 49 20 receive a diploma. Diplomas may be issued posthumously. Upon 49 21 approval of an application, the department shall issue an 49 22 honorary high school diploma for an eligible veteran. The 49 23 diploma shall indicate the veteran's school of attendance. The 49 24 department and the commission shall work together to provide 49 25 school districts, schools, communities, and county commissions 49 26 of veteran affairs with information about hosting a diploma 49 27 ceremony on or around Veterans Day. The diploma shall be 49 28 mailed to the veteran or, if the veteran is deceased, to the 49 29 veteran's family. 49 30 Sec. 93. Section 261.25, subsection 1, Code 2001, as 49 31 amended by 2002 Iowa Acts, Senate File 2326, section 85, is 49 32 amended to read as follows: 49 33 1. There is appropriated from the general fund of the 49 34 state to the commission for each fiscal year the sum offorty-49 35sevenforty-six million one hundredfifty-fiveseventeen 50 1 thousandthreenine hundredeighty-twosixty-four dollars for 50 2 tuition grants. 50 3 Sec. 94. Chapter 260A, Code 2001 and Code Supplement 2001, 50 4 is repealed. 50 5 Sec. 95. EFFECTIVE DATE. 50 6 1. Except as otherwise provided in subsection 2, this 50 7 division of this Act takes effect July 1, 2002. 50 8 2. The section of this division of this Act amending 50 9 section 256.9, being deemed of immediate importance, takes 50 10 effect upon enactment. 50 11 DIVISION V 50 12 HEALTH AND HUMAN RIGHTS 50 13 Sec. 96. DEPARTMENT FOR THE BLIND. There is appropriated 50 14 from the general fund of the state to the department for the 50 15 blind for the fiscal year beginning July 1, 2002, and ending 50 16 June 30, 2003, the following amount, or so much thereof as is 50 17 necessary, to be used for the purposes designated: 50 18 For salaries, support, maintenance, miscellaneous purposes, 50 19 and for not more than the following full-time equivalent 50 20 positions: 50 21 .................................................. $ 1,529,780 50 22 ............................................... FTEs 106.50 50 23 Sec. 97. CIVIL RIGHTS COMMISSION. There is appropriated 50 24 from the general fund of the state to the Iowa state civil 50 25 rights commission for the fiscal year beginning July 1, 2002, 50 26 and ending June 30, 2003, the following amount, or so much 50 27 thereof as is necessary, to be used for the purposes 50 28 designated: 50 29 For salaries, support, maintenance, miscellaneous purposes, 50 30 and for not more than the following full-time equivalent 50 31 positions: 50 32 .................................................. $ 908,253 50 33 ............................................... FTEs 35.75 50 34 If the anticipated amount of federal funding from the 50 35 federal equal employment opportunity commission and the 51 1 federal department of housing and urban development exceeds 51 2 $1,144,875 during the fiscal year beginning July 1, 2002, the 51 3 Iowa state civil rights commission may exceed the staffing 51 4 level authorized in this section to hire additional staff to 51 5 process or to support the processing of employment and housing 51 6 complaints during that fiscal year. 51 7 Sec. 98. DEPARTMENT OF ELDER AFFAIRS. There is 51 8 appropriated from the general fund of the state to the 51 9 department of elder affairs for the fiscal year beginning July 51 10 1, 2002, and ending June 30, 2003, the following amount, or so 51 11 much thereof as is necessary, to be used for the purposes 51 12 designated: 51 13 1. For aging programs for the department of elder affairs 51 14 and area agencies on aging to provide citizens of Iowa who are 51 15 60 years of age and older with case management for the frail 51 16 elderly, Alzheimer's support, the retired and senior volunteer 51 17 program, resident advocate committee coordination, employment, 51 18 and other services which may include, but are not limited to, 51 19 adult day services, respite care, chore services, telephone 51 20 reassurance, information and assistance, and home repair 51 21 services, including the winterizing of homes, and for the 51 22 construction of entrance ramps which make residences 51 23 accessible to the physically handicapped, and for salaries, 51 24 support, administration, maintenance, miscellaneous purposes, 51 25 and for not more than the following full-time equivalent 51 26 positions with the department of elder affairs: 51 27 .................................................. $ 3,928,156 51 28 ............................................... FTEs 28.00 51 29 a. Funds appropriated in this subsection may be used to 51 30 supplement federal funds under federal regulations. To 51 31 receive funds appropriated in this subsection, a local area 51 32 agency on aging shall match the funds with moneys from other 51 33 sources according to rules adopted by the department. Funds 51 34 appropriated in this subsection may be used for elderly 51 35 services not specifically enumerated in this subsection only 52 1 if approved by an area agency on aging for provision of the 52 2 service within the area. 52 3 b. It is the intent of the general assembly that the Iowa 52 4 chapters of the Alzheimer's association and the case 52 5 management program for the frail elderly shall collaborate and 52 6 cooperate fully to assist families in maintaining family 52 7 members with Alzheimer's disease in the community for the 52 8 longest period of time possible. 52 9 c. The department shall maintain policies and procedures 52 10 regarding Alzheimer's support and the retired and senior 52 11 volunteer program. 52 12 2. The department may grant an exception for a limited 52 13 period of time, determined by the department to be reasonable, 52 14 to allow for compliance by persons regulated by the department 52 15 or applicants for assisted living certification with any part 52 16 of chapter 104A relative to buildings in existence on July 1, 52 17 1998. The determination of the period of time allowed for 52 18 compliance shall be commensurate with the anticipated 52 19 magnitude of expenditure, disruption of services, and the 52 20 degree of hazard presented. The department shall also be 52 21 authorized to modify the accessibility requirements otherwise 52 22 applicable to such applicants for buildings in existence on 52 23 July 1, 1998, if the department determines that compliance 52 24 with the requirements would be unreasonable, but only if it is 52 25 determined that noncompliance with the requirements would not 52 26 present an unreasonable degree of danger. 52 27 Sec. 99. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. 52 28 1. There is appropriated from the general fund of the 52 29 state to the governor's office of drug control policy for the 52 30 fiscal year beginning July 1, 2002, and ending June 30, 2003, 52 31 the following amount, or so much thereof as is necessary, to 52 32 be used for the purposes designated: 52 33 For salaries, support, maintenance, miscellaneous purposes 52 34 including statewide coordination of the drug abuse resistance 52 35 education (D.A.R.E.) programs or similar programs, and for not 53 1 more than the following full-time equivalent positions: 53 2 .................................................. $ 261,504 53 3 ............................................... FTEs 11.00 53 4 2. The governor's office of drug control policy, in 53 5 consultation with the Iowa department of public health, and 53 6 after discussion and collaboration with all interested 53 7 agencies, shall coordinate substance abuse treatment and 53 8 prevention efforts in order to avoid duplication of services. 53 9 Sec. 100. DEPARTMENT OF PUBLIC HEALTH. There is 53 10 appropriated from the general fund of the state to the Iowa 53 11 department of public health for the fiscal year beginning July 53 12 1, 2002, and ending June 30, 2003, the following amounts, or 53 13 so much thereof as is necessary, to be used for the purposes 53 14 designated: 53 15 1. ADDICTIVE DISORDERS 53 16 For reducing the prevalence of use of tobacco, alcohol, and 53 17 other drugs, and treating individuals affected by addictive 53 18 behaviors, including gambling, and for not more than the 53 19 following full-time equivalent positions: 53 20 .................................................. $ 1,182,980 53 21 ............................................... FTEs 15.51 53 22 a. The department shall continue to coordinate with 53 23 substance abuse treatment and prevention providers regardless 53 24 of funding source to assure the delivery of substance abuse 53 25 treatment and prevention programs. 53 26 b. The commission on substance abuse, in conjunction with 53 27 the department, shall continue to coordinate the delivery of 53 28 substance abuse services involving prevention, social and 53 29 medical detoxification, and other treatment by medical and 53 30 nonmedical providers to uninsured and court-ordered substance 53 31 abuse patients in all counties of the state. 53 32 c. The department and any grantee or subgrantee of the 53 33 department shall not discriminate against a nongovernmental 53 34 organization that provides substance abuse treatment and 53 35 prevention services or applies for funding to provide those 54 1 services on the basis that the organization has a religious 54 2 character. The department shall report to the governor and 54 3 the general assembly on or before February 1, 2003, regarding 54 4 the number of religious or other nongovernmental organizations 54 5 that applied for funds in the preceding fiscal year, the 54 6 amounts awarded to those organizations, and the basis for any 54 7 refusal by the department or grantee or subgrantee of the 54 8 department to award funds to any of those organizations that 54 9 applied. 54 10 2. ADULT WELLNESS 54 11 For maintaining or improving the health status of adults, 54 12 with target populations between the ages of 18 through 60, and 54 13 for not more than the following full-time equivalent 54 14 positions: 54 15 .................................................. $ 497,647 54 16 ............................................... FTEs 24.27 54 17 3. CHILD AND ADOLESCENT WELLNESS 54 18 For promoting the optimum health status for children and 54 19 adolescents from birth through 21 years of age, and for not 54 20 more than the following full-time equivalent positions: 54 21 .................................................. $ 1,092,689 54 22 ............................................... FTEs 47.07 54 23 4. CHRONIC CONDITIONS 54 24 For serving individuals identified as having chronic 54 25 conditions or special health care needs, and for not more than 54 26 the following full-time equivalent positions: 54 27 .................................................. $ 1,171,453 54 28 ............................................... FTEs 10.30 54 29 5. COMMUNITY CAPACITY 54 30 For strengthening the health care delivery system at the 54 31 local level, and for not more than the following full-time 54 32 equivalent positions: 54 33 .................................................. $ 1,225,717 54 34 ............................................... FTEs 26.12 54 35 6. ELDERLY WELLNESS 55 1 For optimizing the health of persons 60 years of age and 55 2 older, and for not more than the following full-time 55 3 equivalent positions: 55 4 .................................................. $ 9,455,265 55 5 ............................................... FTEs 4.05 55 6 7. ENVIRONMENTAL HAZARDS 55 7 For reducing the public's exposure to hazards in the 55 8 environment, primarily chemical hazards, and for not more than 55 9 the following full-time equivalent positions: 55 10 .................................................. $ 158,258 55 11 ............................................... FTEs 9.20 55 12 8. INFECTIOUS DISEASES 55 13 For reducing the incidence and prevalence of communicable 55 14 diseases, and for not more than the following full-time 55 15 equivalent positions: 55 16 .................................................. $ 1,095,419 55 17 ............................................... FTEs 36.40 55 18 9. INJURIES 55 19 For providing support and protection to victims of abuse or 55 20 injury, or programs that are designed to prevent abuse or 55 21 injury, and for not more than the following full-time 55 22 equivalent positions: 55 23 .................................................. $ 1,467,105 55 24 ............................................... FTEs 8.55 55 25 Of the funds appropriated in this subsection, $660,000 55 26 shall be credited to the emergency medical services fund 55 27 created in section 135.25. 55 28 10. PUBLIC PROTECTION 55 29 For protecting the health and safety of the public through 55 30 establishing standards and enforcing regulations, and for not 55 31 more than the following full-time equivalent positions: 55 32 .................................................. $ 6,269,235 55 33 ............................................... FTEs 129.77 55 34 a. The department may expend funds received from licensing 55 35 fees in addition to amounts appropriated in this subsection, 56 1 if those additional expenditures are directly the result of a 56 2 scope of practice review committee unanticipated litigation 56 3 costs arising from the discharge of an examining board's 56 4 regulatory duties. Before the department expends or encumbers 56 5 funds for a scope of practice review committee or for an 56 6 amount in excess of the funds budgeted for an examining board, 56 7 the director of the department of management shall approve the 56 8 expenditure or encumbrance. The amounts necessary to fund any 56 9 unanticipated litigation or scope of practice review committee 56 10 expense in the fiscal year beginning July 1, 2002, shall not 56 11 exceed 5 percent of the average annual fees generated by the 56 12 boards for the previous two fiscal years. 56 13 b. For the fiscal year beginning July 1, 2002, the 56 14 department shall retain fees collected from the certification 56 15 of lead inspectors and lead abaters pursuant to section 56 16 135.105A to support the certification program; and shall 56 17 retain fees collected from the licensing, registration, 56 18 authorization, accreditation, and inspection of x-ray machines 56 19 used for mammographically guided breast biopsy, screening, and 56 20 diagnostic mammography, pursuant to section 136C.10 to support 56 21 the administration of the chapter. The department may also 56 22 retain fees collected pursuant to section 136C.10 on all 56 23 shippers of radioactive material waste containers transported 56 24 across Iowa if the department does not obtain funding to 56 25 support the oversight and regulation of this activity, and for 56 26 x-ray radiology examination fees collected by the department 56 27 and reimbursed to a private organization conducting the 56 28 examination. 56 29 c. The department may retain and expend not more than 56 30 $279,056 for lease and maintenance expenses from fees 56 31 collected pursuant to section 147.80 by the board of dental 56 32 examiners, the board of pharmacy examiners, the board of 56 33 medical examiners, and the board of nursing in the fiscal year 56 34 beginning July 1, 2002, and ending June 30, 2003. Fees 56 35 retained by the department pursuant to this lettered paragraph 57 1 are appropriated to the department for the purposes described 57 2 in this lettered paragraph. 57 3 d. The department may retain and expend not more than 57 4 $100,000 for reduction of the number of days necessary to 57 5 process medical license requests and for reduction of the 57 6 number of days needed for consideration of malpractice cases 57 7 from fees collected pursuant to section 147.80 by the board of 57 8 medical examiners in the fiscal year beginning July 1, 2002, 57 9 and ending June 30, 2003. Fees retained by the department 57 10 pursuant to this lettered paragraph are appropriated to the 57 11 department for the purposes described in this lettered 57 12 paragraph. 57 13 e. If a person in the course of responding to an emergency 57 14 renders aid to an injured person and becomes exposed to bodily 57 15 fluids of the injured person, that emergency responder shall 57 16 be entitled to hepatitis testing and immunization in 57 17 accordance with the latest available medical technology to 57 18 determine if infection with hepatitis has occurred. The 57 19 person shall be entitled to reimbursement from the funds 57 20 appropriated in this subsection only if the reimbursement is 57 21 not available through any employer or third-party payor. 57 22 f. The board of dental examiners may retain and expend not 57 23 more than $148,060 from revenues generated pursuant to section 57 24 147.80. Fees retained by the board pursuant to this lettered 57 25 paragraph are appropriated to the department to be used for 57 26 the purposes of regulating dental assistants. 57 27 g. The board of medical examiners, the board of pharmacy 57 28 examiners, the board of dental examiners, and the board of 57 29 nursing shall prepare estimates of projected receipts to be 57 30 generated by the licensing, certification, and examination 57 31 fees of each board as well as a projection of the fairly 57 32 apportioned administrative costs and rental expenses 57 33 attributable to each board. Each board shall annually review 57 34 and adjust its schedule of fees so that, as nearly as 57 35 possible, projected receipts equal projected costs. 58 1 h. The board of medical examiners, the board of pharmacy 58 2 examiners, the board of dental examiners, and the board of 58 3 nursing shall retain their individual executive officers, but 58 4 are strongly encouraged to share administrative, clerical, and 58 5 investigative staffs to the greatest extent possible. 58 6 i. The licensing boards funded under this section shall 58 7 submit a report by February 1, 2003, to the chairpersons and 58 8 ranking members of the joint appropriations subcommittee on 58 9 health and human rights providing management to staff ratios 58 10 of all funded positions as of January 13, 2003. 58 11 11. RESOURCE MANAGEMENT 58 12 For establishing and sustaining the overall ability of the 58 13 department to deliver services to the public, and for not more 58 14 than the following full-time equivalent positions: 58 15 .................................................. $ 1,101,021 58 16 ............................................... FTEs 53.76 58 17 12. The state university of Iowa hospitals and clinics 58 18 under the control of the state board of regents shall not 58 19 receive indirect costs from the funds appropriated in this 58 20 section. 58 21 13. A local health care provider or nonprofit health care 58 22 organization seeking grant moneys administered by the Iowa 58 23 department of public health shall provide documentation that 58 24 the provider or organization has coordinated its services with 58 25 other local entities providing similar services. 58 26 14. a. The department shall apply for available federal 58 27 funds for sexual abstinence education programs. 58 28 b. It is the intent of the general assembly to comply with 58 29 the United States Congress' intent to provide education that 58 30 promotes abstinence from sexual activity outside of marriage 58 31 and reduces pregnancies, by focusing efforts on those persons 58 32 most likely to father and bear children out of wedlock. 58 33 c. Any sexual abstinence education program awarded moneys 58 34 under the grant program shall meet the definition of 58 35 abstinence education in the federal law. Grantees shall be 59 1 evaluated based upon the extent to which the abstinence 59 2 program successfully communicates the goals set forth in the 59 3 federal law. 59 4 d. It is the intent of the general assembly that the Iowa 59 5 department of public health and the department of human 59 6 services shall discuss the feasibility of combining adolescent 59 7 pregnancy prevention programs under one department and shall 59 8 submit a written report regarding such discussions to the 59 9 chairpersons and ranking members of the joint appropriations 59 10 subcommittee on health and human rights by November 1, 2002. 59 11 Sec. 101. DEPARTMENT OF HUMAN RIGHTS. There is 59 12 appropriated from the general fund of the state to the 59 13 department of human rights for the fiscal year beginning July 59 14 1, 2002, and ending June 30, 2003, the following amounts, or 59 15 so much thereof as is necessary, to be used for the purposes 59 16 designated: 59 17 1. CENTRAL ADMINISTRATION DIVISION 59 18 For salaries, support, maintenance, miscellaneous purposes, 59 19 and for not more than the following full-time equivalent 59 20 positions: 59 21 .................................................. $ 255,624 59 22 ............................................... FTEs 7.00 59 23 2. DEAF SERVICES DIVISION 59 24 For salaries, support, maintenance, miscellaneous purposes, 59 25 and for not more than the following full-time equivalent 59 26 positions: 59 27 .................................................. $ 313,828 59 28 ............................................... FTEs 7.00 59 29 The fees collected by the division for provision of 59 30 interpretation services by the division to obligated agencies 59 31 shall be disbursed pursuant to the provisions of section 8.32, 59 32 and shall be dedicated and used by the division for continued 59 33 and expanded interpretation services. 59 34 3. PERSONS WITH DISABILITIES DIVISION 59 35 For salaries, support, maintenance, miscellaneous purposes, 60 1 and for not more than the following full-time equivalent 60 2 positions: 60 3 .................................................. $ 173,136 60 4 ............................................... FTEs 3.50 60 5 4. LATINO AFFAIRS DIVISION 60 6 For salaries, support, maintenance, miscellaneous purposes, 60 7 and for not more than the following full-time equivalent 60 8 positions: 60 9 .................................................. $ 155,124 60 10 ............................................... FTEs 3.00 60 11 5. STATUS OF WOMEN DIVISION 60 12 For salaries, support, maintenance, miscellaneous purposes, 60 13 including the Iowans in transition program, and the domestic 60 14 violence and sexual assault-related grants, and for not more 60 15 than the following full-time equivalent positions: 60 16 .................................................. $ 333,415 60 17 ............................................... FTEs 3.00 60 18 6. STATUS OF AFRICAN-AMERICANS DIVISION 60 19 For salaries, support, maintenance, miscellaneous purposes, 60 20 and for not more than the following full-time equivalent 60 21 positions: 60 22 .................................................. $ 124,373 60 23 ............................................... FTEs 2.00 60 24 The appropriation in this subsection is contingent upon the 60 25 appointment of an administrator of the division on the status 60 26 of African-Americans and the appointment of all nine members 60 27 to the commission on the status of African-Americans. 60 28 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 60 29 For salaries, support, maintenance, miscellaneous purposes, 60 30 and for not more than the following full-time equivalent 60 31 positions: 60 32 .................................................. $ 368,604 60 33 ............................................... FTEs 9.15 60 34 The criminal and juvenile justice planning advisory council 60 35 and the juvenile justice advisory council shall coordinate 61 1 their efforts in carrying out their respective duties relative 61 2 to juvenile justice. 61 3 8. SHARED STAFF. The divisions of the department of human 61 4 rights shall retain their individual administrators, but shall 61 5 share staff to the greatest extent possible. 61 6 Sec. 102. COMMISSION OF VETERANS AFFAIRS. There is 61 7 appropriated from the general fund of the state to the 61 8 commission of veterans affairs for the fiscal year beginning 61 9 July 1, 2002, and ending June 30, 2003, the following amounts, 61 10 or so much thereof as is necessary, to be used for the 61 11 purposes designated: 61 12 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION 61 13 For salaries, support, maintenance, miscellaneous purposes, 61 14 including the war orphan educational fund established pursuant 61 15 to chapter 35, and for not more than the following full-time 61 16 equivalent positions: 61 17 .................................................. $ 192,792 61 18 ............................................... FTEs 3.00 61 19 The commission of veterans affairs may use the gifts 61 20 accepted by the chairperson of the commission of veterans 61 21 affairs, or designee, and other resources available to the 61 22 commission for use at its Camp Dodge office. The commission 61 23 shall report annually to the governor and the general assembly 61 24 on monetary gifts received by the commission for the Camp 61 25 Dodge office. 61 26 2. IOWA VETERANS HOME 61 27 For salaries, support, maintenance, miscellaneous purposes, 61 28 and for not more than the following full-time equivalent 61 29 positions: 61 30 .................................................. $ 14,445,694 61 31 ............................................... FTEs 843.00 61 32 a. The Iowa veterans home may use the gifts accepted by 61 33 the chairperson of the commission of veterans affairs and 61 34 other resources available to the commission for use at the 61 35 Iowa veterans home. 62 1 b. Any Iowa veterans home successor contractor shall not 62 2 consider employees of a state institution or facility to be 62 3 new employees for purposes of employee wages, health 62 4 insurance, or retirement benefits. 62 5 c. The chairpersons and ranking members of the joint 62 6 appropriations subcommittee on health and human rights shall 62 7 be notified by January 15 of any calendar year during which a 62 8 request for proposals is anticipated to be issued regarding 62 9 any Iowa veterans home contract involving employment, for 62 10 purposes of providing legislative review and oversight. 62 11 d. The Iowa veterans home shall operate with a net state 62 12 general fund appropriation. The amount appropriated in this 62 13 subsection is the net amount of state moneys projected to be 62 14 needed for the Iowa veterans home. The purposes of operating 62 15 with a net state general fund appropriation are to encourage 62 16 the Iowa veterans home to operate with increased self- 62 17 sufficiency, to improve quality and efficiency, and to support 62 18 collaborative efforts among all funders of services available 62 19 from the Iowa veterans home. Moneys appropriated in this 62 20 subsection may be used throughout the fiscal year in the 62 21 manner necessary for purposes of cash flow management, and for 62 22 purposes of cash flow management the Iowa veterans home may 62 23 temporarily draw more than the amount appropriated, provided 62 24 the amount appropriated is not exceeded at the close of the 62 25 fiscal year. Beginning September 1, 2002, the Iowa veterans 62 26 home shall submit a report every other month to the 62 27 chairpersons and ranking members of the joint appropriations 62 28 subcommittee on health and human rights and to the legislative 62 29 fiscal committee providing a financial analysis of revenues 62 30 and expenses. 62 31 e. Revenues attributable to the Iowa veterans home for the 62 32 fiscal year beginning July 1, 2002, shall be deposited into 62 33 the Iowa veterans home account and shall be treated as 62 34 repayment receipts, including but not limited to all of the 62 35 following: 63 1 (1) Federal veterans administration payments. 63 2 (2) Medical assistance revenue received under chapter 63 3 249A. 63 4 (3) Federal Medicare program payments. 63 5 (4) Moneys received from client financial participation. 63 6 (5) Other revenues generated from current, new, or 63 7 expanded services which the Iowa veterans home is authorized 63 8 to provide. 63 9 f. For the purposes of allocating the salary adjustment 63 10 fund moneys appropriated in another Act, the Iowa veterans 63 11 home shall be considered to be funded entirely with state 63 12 moneys. 63 13 g. Notwithstanding section 8.33, up to $500,000 of the 63 14 Iowa veterans home revenues that remain unencumbered or 63 15 unobligated at the close of the fiscal year shall not revert 63 16 but shall remain available to be used in the succeeding fiscal 63 17 year. 63 18 Sec. 103. GAMBLING TREATMENT FUND – APPROPRIATION. 63 19 1. There is appropriated from funds available in the 63 20 gambling treatment fund established in the office of the 63 21 treasurer of state pursuant to section 99E.10 to the Iowa 63 22 department of public health for the fiscal year beginning July 63 23 1, 2002, and ending June 30, 2003, the following amount, or so 63 24 much thereof as is necessary, to be used for the purpose 63 25 designated: 63 26 a. Addictive disorders 63 27 To be utilized for the benefit of persons with addictions: 63 28 .................................................. $ 1,690,000 63 29 b. It is the intent of the general assembly that from the 63 30 moneys appropriated in this section, persons with a dual 63 31 diagnosis of substance abuse and gambling addictions shall be 63 32 given priority in treatment services. 63 33 c. Gambling treatment program 63 34 The funds remaining in the gambling treatment fund after 63 35 the appropriation in paragraph "a" is made shall be used for 64 1 funding of administrative costs and to provide programs which 64 2 may include, but are not limited to, outpatient and follow-up 64 3 treatment for persons affected by problem gambling, 64 4 rehabilitation and residential treatment programs, information 64 5 and referral services, education and preventive services, and 64 6 financial management services. 64 7 2. For the fiscal year beginning July 1, 2002, and ending 64 8 June 30, 2003, from the tax revenue received by the state 64 9 racing and gaming commission pursuant to section 99D.15, 64 10 subsections 1, 3, and 4, an amount equal to three-tenths of 64 11 one percent of the gross sum wagered by the pari-mutuel method 64 12 is to be deposited into the gambling treatment fund. 64 13 Sec. 104. VITAL RECORDS. The vital records modernization 64 14 project as enacted in 1993 Iowa Acts, chapter 55, section 1, 64 15 as amended by 1994 Iowa Acts, chapter 1068, section 8, as 64 16 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa 64 17 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter 64 18 201, section 17, and as continued by 2000 Iowa Acts, chapter 64 19 1222, section 10, and 2001 Iowa Acts, chapter 182, section 13, 64 20 shall be extended until June 30, 2003, and the increased fees 64 21 to be collected pursuant to that project shall continue to be 64 22 collected and are appropriated to the Iowa department of 64 23 public health until June 30, 2003. 64 24 Sec. 105. SPAN OF CONTROL REPORTING. The department for 64 25 the blind, the Iowa state civil rights commission, the 64 26 department of elder affairs, the Iowa department of public 64 27 health, the department of human rights, the governor's office 64 28 of drug control policy, and the commission of veterans affairs 64 29 shall submit a report by February 1, 2003, to the chairpersons 64 30 and ranking members of the joint appropriations subcommittee 64 31 on health and human rights providing all management to staff 64 32 ratios of all funded positions as of January 13, 2003. 64 33 Sec. 106. PROGRAM PERFORMANCE BUDGETS. It is the intent 64 34 of the general assembly that the department for the blind, the 64 35 Iowa state civil rights commission, the department of elder 65 1 affairs, the Iowa department of public health, the department 65 2 of human rights, the governor's office of drug control policy, 65 3 and the commission of veterans affairs develop program 65 4 performance budget measures to include, but not be limited to, 65 5 the development and tracking of demand, workload, 65 6 productivity, and effectiveness performance indicators for 65 7 each program. The program performance measures shall include 65 8 minority programs and grants received by minority programs. 65 9 The program performance measures shall also include gender- 65 10 based programs. The purpose of the program performance budget 65 11 initiative is to emphasize the programs the agencies provide 65 12 based upon citizen needs, the agencies' responses to those 65 13 needs, and the resources the agencies require to respond to 65 14 those needs. The agencies shall submit a report on the status 65 15 of achieving the program performance measures to the 65 16 chairpersons and ranking members of the joint appropriations 65 17 subcommittee on health and human rights by December 16, 2002. 65 18 Sec. 107. SCOPE OF PRACTICE REVIEW PROJECT. The scope of 65 19 practice review committee pilot project as enacted in 1997 65 20 Iowa Acts, chapter 203, section 6, shall be extended until 65 21 July 1, 2003. The Iowa department of public health shall 65 22 submit an annual progress report to the governor and the 65 23 general assembly by January 15 and shall include any 65 24 recommendations for legislative action as a result of review 65 25 committee activities. The department may contract with a 65 26 school or college of public health in Iowa to assist in 65 27 implementing the project. 65 28 Sec. 108. Section 232.190, Code 2001, is repealed. 65 29 Sec. 109. EFFECTIVE DATE. This division of this Act takes 65 30 effect July 1, 2002. 65 31 DIVISION VI 65 32 HUMAN SERVICES 65 33 Sec. 110. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 65 34 GRANT. There is appropriated from the fund created in section 65 35 8.41 to the department of human services for the fiscal year 66 1 beginning July 1, 2002, and ending June 30, 2003, from moneys 66 2 received under the federal temporary assistance for needy 66 3 families block grant pursuant to the federal Personal 66 4 Responsibility and Work Opportunity Reconciliation Act of 66 5 1996, Pub. L. No. 104-193 and successor legislation, which are 66 6 federally appropriated for the federal fiscal years beginning 66 7 October 1, 2001, and ending September 30, 2002, and beginning 66 8 October 1, 2002, and ending September 30, 2003, the following 66 9 amounts, or so much thereof as is necessary, to be used for 66 10 the purposes designated: 66 11 If the federal government appropriation received for Iowa's 66 12 portion of the federal temporary assistance for needy families 66 13 block grant for the federal fiscal year beginning October 1, 66 14 2002, and ending September 30, 2003, is less than 66 15 $131,524,959, it is the intent of the general assembly to act 66 16 expeditiously during the 2003 legislative session to adjust 66 17 appropriations or take other actions to address the reduced 66 18 amount. Moneys appropriated in this section shall be used in 66 19 accordance with the federal law making the funds available, 66 20 applicable Iowa law, appropriations made from the general fund 66 21 of the state in this Act for the purpose designated, and 66 22 administrative rules adopted to implement the federal and Iowa 66 23 law: 66 24 1. To be credited to the family investment program account 66 25 and used for assistance under the family investment program 66 26 under chapter 239B: 66 27 .................................................. $ 46,508,982 66 28 2. To be credited to the family investment program account 66 29 and used for the job opportunities and basic skills (JOBS) 66 30 program, and implementing family investment agreements, in 66 31 accordance with chapter 239B: 66 32 .................................................. $ 13,412,794 66 33 3. For field operations: 66 34 .................................................. $ 12,885,790 66 35 4. For general administration: 67 1 .................................................. $ 3,238,614 67 2 5. For local administrative costs: 67 3 .................................................. $ 2,122,982 67 4 6. For state child care assistance: 67 5 .................................................. $ 28,638,329 67 6 a. Of the funds appropriated in this subsection, $200,000 67 7 shall be used for provision of educational opportunities to 67 8 registered child care home providers in order to improve 67 9 services and programs offered by this category of providers 67 10 and to increase the number of providers. The department may 67 11 contract with institutions of higher education or child care 67 12 resource and referral centers to provide the educational 67 13 opportunities. Allowable administrative costs under the 67 14 contracts shall not exceed 5 percent. The application for a 67 15 grant shall not exceed two pages in length. 67 16 b. Of the funds appropriated in this subsection, the 67 17 maximum amount allowed under Pub. L. No. 104-193 shall be 67 18 transferred to the child care and development block grant 67 19 appropriation. Funds appropriated in this subsection that 67 20 remain following the transfer shall be used to provide direct 67 21 spending for the child care needs of working parents in 67 22 families eligible for the family investment program. 67 23 7. For emergency assistance: 67 24 .................................................. $ 1,000,000 67 25 8. For mental health and developmental disabilities 67 26 community services: 67 27 .................................................. $ 4,349,266 67 28 9. For child and family services: 67 29 .................................................. $ 22,896,571 67 30 10. For child abuse prevention grants: 67 31 .................................................. $ 250,000 67 32 11. For pregnancy prevention grants on the condition that 67 33 family planning services are funded: 67 34 .................................................. $ 2,514,413 67 35 a. Pregnancy prevention grants shall be awarded to 68 1 programs in existence on or before July 1, 2002, if the 68 2 programs are comprehensive in scope and have demonstrated 68 3 positive outcomes. Grants shall be awarded to pregnancy 68 4 prevention programs which are developed after July 1, 2002, if 68 5 the programs are comprehensive in scope and are based on 68 6 existing models that have demonstrated positive outcomes. 68 7 Grants shall comply with the requirements provided in 1997 68 8 Iowa Acts, chapter 208, section 14, subsections 1 and 2, 68 9 including the requirement that grant programs must emphasize 68 10 sexual abstinence. Priority in the awarding of grants shall 68 11 be given to programs that serve areas of the state which 68 12 demonstrate the highest percentage of unplanned pregnancies of 68 13 females age 13 or older but younger than age 18 within the 68 14 geographic area to be served by the grant. 68 15 b. In addition to the full-time equivalent positions 68 16 funded in this division of this Act, the department may use a 68 17 portion of the funds appropriated in this subsection to employ 68 18 an employee in up to 1.00 full-time equivalent position for 68 19 the administration of programs specified in this subsection. 68 20 12. For technology needs and other resources necessary to 68 21 meet federal welfare reform reporting, tracking, and case 68 22 management requirements: 68 23 .................................................. $ 565,088 68 24 13. For volunteers: 68 25 .................................................. $ 42,663 68 26 14. For individual development accounts under chapter 68 27 541A: 68 28 .................................................. $ 150,000 68 29 15. For the healthy opportunities for parents to 68 30 experience success (HOPES) program administered by the Iowa 68 31 department of public health to target child abuse prevention: 68 32 .................................................. $ 200,000 68 33 16. To be credited to the state child care assistance 68 34 appropriation made in this section to be used for funding of 68 35 community-based early childhood programs targeted to children 69 1 from birth through five years of age, developed by community 69 2 empowerment areas as provided in this subsection: 69 3 .................................................. $ 6,350,000 69 4 a. The department may transfer federal temporary 69 5 assistance for needy families block grant funding appropriated 69 6 and allocated in this subsection to the child care and 69 7 development block grant appropriation in accordance with 69 8 federal law as necessary to comply with the provisions of this 69 9 subsection. The funding shall then be provided to community 69 10 empowerment areas for the fiscal year beginning July 1, 2002, 69 11 in accordance with all of the following: 69 12 (1) The area must be approved as a designated community 69 13 empowerment area by the Iowa empowerment board. 69 14 (2) The maximum funding amount a community empowerment 69 15 area is eligible to receive shall be determined by applying 69 16 the area's percentage of the state's average monthly family 69 17 investment program population in the preceding fiscal year to 69 18 the total amount appropriated for fiscal year 2002-2003 from 69 19 the TANF block grant to fund community-based programs targeted 69 20 to children from birth through five years of age developed by 69 21 community empowerment areas. 69 22 (3) A community empowerment area receiving funding shall 69 23 comply with any federal reporting requirements associated with 69 24 the use of that funding and other results and reporting 69 25 requirements established by the Iowa empowerment board. The 69 26 department shall provide technical assistance in identifying 69 27 and meeting the federal requirements. 69 28 (4) The availability of funding provided under this 69 29 subsection is subject to changes in federal requirements and 69 30 amendments to Iowa law. 69 31 b. The moneys distributed in accordance with this 69 32 subsection shall be used by communities for the purposes of 69 33 enhancing quality child care capacity in support of parent 69 34 capability to obtain or retain employment. The moneys shall 69 35 be used with a primary emphasis on low-income families and 70 1 children from birth to five years of age. Moneys shall be 70 2 provided in a flexible manner to communities, and shall be 70 3 used to implement strategies identified by the communities to 70 4 achieve such purposes. In addition to the full-time 70 5 equivalent positions funded in this division of this Act, 1.00 70 6 full-time equivalent position is authorized and the department 70 7 may use funding appropriated in this subsection for provision 70 8 of technical assistance and other support to communities 70 9 developing and implementing strategies with moneys distributed 70 10 in accordance with this subsection. 70 11 c. Moneys that are subject to this subsection which are 70 12 not distributed to a community empowerment area or otherwise 70 13 remain unobligated or unexpended at the end of the fiscal year 70 14 shall revert to the fund created in section 8.41 to be 70 15 available for appropriation by the general assembly in a 70 16 subsequent fiscal year. 70 17 Of the amounts appropriated in this section, $11,612,112 70 18 for the fiscal year beginning July 1, 2002, shall be 70 19 transferred to the appropriation of the federal social 70 20 services block grant for that fiscal year. 70 21 Eligible funding available under the federal temporary 70 22 assistance for needy families block grant that is not 70 23 appropriated or not otherwise expended shall be considered 70 24 reserved for economic downturns and welfare reform purposes 70 25 and is subject to further state appropriation to support 70 26 families in their movement toward self-sufficiency. 70 27 Federal funding received that is designated for activities 70 28 supporting marriage or two-parent families is appropriated to 70 29 the Iowa marriage initiative grant fund created in section 70 30 234.45. 70 31 Sec. 111. FAMILY INVESTMENT PROGRAM ACCOUNT. 70 32 1. Moneys credited to the family investment program (FIP) 70 33 account for the fiscal year beginning July 1, 2002, and ending 70 34 June 30, 2003, shall be used in accordance with the following 70 35 requirements: 71 1 a. The department shall provide assistance in accordance 71 2 with chapter 239B. 71 3 b. The department shall continue the special needs program 71 4 under the family investment program. 71 5 c. The department shall continue to comply with federal 71 6 welfare reform data requirements pursuant to the 71 7 appropriations made for that purpose. 71 8 d. (1) The department shall continue expansion of the 71 9 electronic benefit transfer program as necessary to comply 71 10 with federal food stamp benefit requirements. The target date 71 11 for statewide implementation of the program is October 1, 71 12 2003. 71 13 (2) Notwithstanding section 234.12A, subsection 1, for the 71 14 fiscal year beginning July 1, 2002, a retailer providing 71 15 electronic equipment shall not be reimbursed a transaction 71 16 fee. 71 17 2. The department may use a portion of the moneys credited 71 18 to the family investment account under this section, as 71 19 necessary for salaries, support, maintenance, and 71 20 miscellaneous purposes for not more than the following full- 71 21 time equivalent positions which are in addition to any other 71 22 full-time equivalent positions authorized by this Act: 71 23 ............................................... FTEs 6.00 71 24 3. The department may transfer funds in accordance with 71 25 section 8.39, either federal or state, to or from the child 71 26 care appropriations made for the fiscal year beginning July 1, 71 27 2002, if the department deems this would be a more effective 71 28 method of paying for JOBS program child care, to maximize 71 29 federal funding, or to meet federal maintenance of effort 71 30 requirements. 71 31 4. Moneys appropriated in this division of this Act and 71 32 credited to the family investment program account for the 71 33 fiscal year beginning July 1, 2002, and ending June 30, 2003, 71 34 are allocated as follows: 71 35 a. For the family development and self-sufficiency grant 72 1 program as provided under section 217.12: 72 2 .................................................. $ 5,133,042 72 3 (1) Of the funds allocated for the family development and 72 4 self-sufficiency grant program in this lettered paragraph, not 72 5 more than 5 percent of the funds shall be used for the 72 6 administration of the grant program. 72 7 (2) Based upon the annual evaluation report concerning 72 8 each grantee funded by previously appropriated funds and 72 9 through the solicitation of additional grant proposals, the 72 10 family development and self-sufficiency council may use the 72 11 allocated funds to renew or expand existing grants or award 72 12 new grants. In utilizing the funding allocated in this 72 13 lettered paragraph, the council shall give consideration, in 72 14 addition to other criteria established by the council, to a 72 15 grantee's intended use of local funds with a grant and to 72 16 whether approval of a grant proposal would expand the 72 17 availability of the program's services. 72 18 (3) The department may continue to implement the family 72 19 development and self-sufficiency grant program statewide 72 20 during FY 2002-2003. 72 21 b. For the diversion subaccount of the family investment 72 22 program account: 72 23 .................................................. $ 1,814,000 72 24 (1) Moneys allocated to the diversion subaccount shall be 72 25 used to continue the pilot initiative of providing incentives 72 26 to assist families who meet income eligibility requirements 72 27 for the family investment program in obtaining or retaining 72 28 employment, to assist participant families in overcoming 72 29 barriers to obtaining employment, and to assist families in 72 30 stabilizing employment and in reducing the likelihood of the 72 31 family returning to the family investment program. The 72 32 requirements established and position authorized under 2001 72 33 Iowa Acts, chapter 191, section 3, subsection 5, paragraph 72 34 "c", subparagraph (1), shall remain applicable to the 72 35 initiative for fiscal year 2002-2003. 73 1 (2) Of the moneys allocated to the diversion subaccount, 73 2 not more than $250,000 shall be used to develop or continue 73 3 community-level parental obligation pilot projects. The 73 4 requirements established under 2001 Iowa Acts, chapter 191, 73 5 section 3, subsection 5, paragraph "c", subparagraph (3), 73 6 shall remain applicable to the parental obligation pilot 73 7 projects for fiscal year 2002-2003. 73 8 c. For the food stamp employment and training program: 73 9 .................................................. $ 63,000 73 10 5. Of the child support collections assigned under the 73 11 family investment program, an amount equal to the federal 73 12 share of support collections shall be credited to the child 73 13 support recovery appropriation. Of the remainder of the 73 14 assigned child support collections received by the child 73 15 support recovery unit, a portion shall be credited to the 73 16 family investment program account and a portion may be used to 73 17 increase recoveries. 73 18 6. The department may adopt emergency administrative rules 73 19 for the family investment, food stamp, and medical assistance 73 20 programs, if necessary, to comply with federal requirements. 73 21 Prior to adoption of the rules, the department shall consult 73 22 with the welfare reform council and the chairpersons and 73 23 ranking members of the joint appropriations subcommittee on 73 24 human services. 73 25 7. The department may continue the initiative to 73 26 streamline and simplify the employer verification process for 73 27 applicants, participants, and employers in the administration 73 28 of the department's programs. The department may contract 73 29 with companies collecting data from employers when the 73 30 information is needed in the administration of these programs. 73 31 The department may limit the availability of the initiative on 73 32 the basis of geographic area or number of individuals. 73 33 Sec. 112. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 73 34 is appropriated from the general fund of the state to the 73 35 department of human services for the fiscal year beginning 74 1 July 1, 2002, and ending June 30, 2003, the following amount, 74 2 or so much thereof as is necessary, to be used for the purpose 74 3 designated: 74 4 To be credited to the family investment program account and 74 5 used for family investment program assistance under chapter 74 6 239B: 74 7 .................................................. $ 35,288,782 74 8 1. The department of workforce development, in 74 9 consultation with the department of human services, shall 74 10 continue to utilize recruitment and employment practices to 74 11 include former and current family investment program 74 12 recipients. 74 13 2. The department of human services shall continue to work 74 14 with the department of workforce development and local 74 15 community collaborative efforts to provide support services 74 16 for family investment program participants. The support 74 17 services shall be directed to those participant families who 74 18 would benefit from the support services and are likely to have 74 19 success in achieving economic independence. 74 20 3. Of the funds appropriated in this section, $9,274,143 74 21 is allocated for the JOBS program. 74 22 4. The department shall continue to work with religious 74 23 organizations and other charitable institutions to increase 74 24 the availability of host homes, referred to as second chance 74 25 homes or other living arrangements under the federal Personal 74 26 Responsibility and Work Opportunity Reconciliation Act of 74 27 1996, Pub. L. No. 104-193, } 103. The purpose of the homes or 74 28 arrangements is to provide a supportive and supervised living 74 29 arrangement for minor parents receiving assistance under the 74 30 family investment program who, under chapter 239B, may receive 74 31 assistance while living in an alternative setting other than 74 32 with their parent or legal guardian. 74 33 Sec. 113. EMERGENCY ASSISTANCE. 74 34 1. The emergency assistance funds received in accordance 74 35 with this section and federal moneys appropriated for this 75 1 purpose in this division of this Act shall be available 75 2 beginning October 1, 2002, and shall be provided only if all 75 3 other publicly funded resources have been exhausted. 75 4 Specifically, emergency assistance is the program of last 75 5 resort and shall not supplant assistance provided by the low- 75 6 income home energy assistance program (LIHEAP), county general 75 7 relief, and veterans affairs programs. The department shall 75 8 establish a $500 maximum payment, per family, in a 12-month 75 9 period. The emergency assistance includes, but is not limited 75 10 to, assisting people who face eviction, potential eviction, or 75 11 foreclosure, utility shutoff or fuel shortage, loss of heating 75 12 energy supply or equipment, homelessness, utility or rental 75 13 deposits, or other specified crisis which threatens family or 75 14 living arrangements. The emergency assistance shall be 75 15 available to migrant families who would otherwise meet 75 16 eligibility criteria. The department may contract for the 75 17 administration and delivery of the program. The program shall 75 18 be terminated when funds are exhausted. 75 19 2. a. For the fiscal year beginning July 1, 2002, the 75 20 department shall continue the process for the state to receive 75 21 refunds of utility and rent deposits, including any accrued 75 22 interest, for emergency assistance recipients which were paid 75 23 by persons other than the state. The department shall also 75 24 receive refunds, including any accrued interest, of assistance 75 25 paid with funding available under this program. The refunds 75 26 received by the department under this subsection shall be 75 27 deposited with the moneys of the appropriation made in this 75 28 Act and are appropriated to be used as additional funds for 75 29 the emergency assistance program. 75 30 b. Notwithstanding section 8.33, moneys received by the 75 31 department under this subsection which remain after the 75 32 emergency assistance program is terminated and state or 75 33 federal moneys in the emergency assistance account which 75 34 remain unobligated or unexpended at the close of the fiscal 75 35 year beginning July 1, 2002, shall not revert but shall remain 76 1 available for expenditure when the program resumes operation 76 2 on October 1 in the succeeding fiscal year. 76 3 Sec. 114. CHILD SUPPORT RECOVERY. There is appropriated 76 4 from the general fund of the state to the department of human 76 5 services for the fiscal year beginning July 1, 2002, and 76 6 ending June 30, 2003, the following amount, or so much thereof 76 7 as is necessary, to be used for the purposes designated: 76 8 For child support recovery, including salaries, support, 76 9 maintenance, and miscellaneous purposes and for not more than 76 10 the following full-time equivalent positions: 76 11 .................................................. $ 5,895,189 76 12 ............................................... FTEs 406.40 76 13 1. The director of human services, within the limitations 76 14 of the moneys appropriated in this section, or moneys 76 15 transferred from the family investment program account for 76 16 this purpose, shall establish new positions and add employees 76 17 to the child support recovery unit if the director determines 76 18 that both the current and additional employees together can 76 19 reasonably be expected to maintain or increase net state 76 20 revenue at or beyond the budgeted level. 76 21 2. Nonpublic assistance application fees and other user 76 22 fees received by the child support recovery unit are 76 23 appropriated and shall be used for the purposes of the child 76 24 support recovery program. The director of human services may 76 25 add positions within the limitations of the amount 76 26 appropriated for salaries and support for the positions. 76 27 3. The director of human services, in consultation with 76 28 the department of management and the legislative fiscal 76 29 committee, is authorized to receive and deposit state child 76 30 support incentive earnings in the manner specified under 76 31 applicable federal requirements. 76 32 4. a. The director of human services may establish new 76 33 positions and add state employees to the child support 76 34 recovery unit or contract for delivery of services if the 76 35 director determines the employees are necessary to replace 77 1 county-funded positions eliminated due to termination, 77 2 reduction, or nonrenewal of a chapter 28E contract. However, 77 3 the director must also determine that the resulting increase 77 4 in the state share of child support recovery incentives 77 5 exceeds the cost of the positions or contract, the positions 77 6 or contract are necessary to ensure continued federal funding 77 7 of the program, or the new positions or contract can 77 8 reasonably be expected to recover at least twice the amount of 77 9 money necessary to pay the salaries and support for the new 77 10 positions or the contract will generate at least 200 percent 77 11 of the cost of the contract. 77 12 b. Employees in full-time positions that transition from 77 13 county government to state government employment under this 77 14 subsection are exempt from testing, selection, and appointment 77 15 provisions of chapter 19A and from the provisions of 77 16 collective bargaining agreements relating to the filling of 77 17 vacant positions. 77 18 5. Surcharges paid by obligors and received by the unit as 77 19 a result of the referral of support delinquency by the child 77 20 support recovery unit to any private collection agency are 77 21 appropriated to the department and shall be used to pay the 77 22 costs of any contracts with the collection agencies. 77 23 6. The department shall expend up to $51,000, including 77 24 federal financial participation, for the fiscal year beginning 77 25 July 1, 2002, for a child support public awareness campaign. 77 26 The department and the office of the attorney general shall 77 27 cooperate in continuation of the campaign. The public 77 28 awareness campaign shall emphasize, through a variety of media 77 29 activities, the importance of maximum involvement of both 77 30 parents in the lives of their children as well as the 77 31 importance of payment of child support obligations. 77 32 7. Federal access and visitation grant moneys shall be 77 33 issued directly to private not-for-profit agencies that 77 34 provide services designed to increase compliance with the 77 35 child access provisions of court orders, including but not 78 1 limited to neutral visitation site and mediation services. 78 2 Sec. 115. MEDICAL ASSISTANCE. There is appropriated from 78 3 the general fund of the state to the department of human 78 4 services for the fiscal year beginning July 1, 2002, and 78 5 ending June 30, 2003, the following amount, or so much thereof 78 6 as is necessary, to be used for the purpose designated: 78 7 For medical assistance reimbursement and associated costs 78 8 as specifically provided in the reimbursement methodologies in 78 9 effect on June 30, 2002, except as otherwise expressly 78 10 authorized by law, including reimbursement for abortion 78 11 services, which shall be available under the medical 78 12 assistance program only for those abortions which are 78 13 medically necessary: 78 14 .................................................. $380,907,073 78 15 1. Medically necessary abortions are those performed under 78 16 any of the following conditions: 78 17 a. The attending physician certifies that continuing the 78 18 pregnancy would endanger the life of the pregnant woman. 78 19 b. The attending physician certifies that the fetus is 78 20 physically deformed, mentally deficient, or afflicted with a 78 21 congenital illness. 78 22 c. The pregnancy is the result of a rape which is reported 78 23 within 45 days of the incident to a law enforcement agency or 78 24 public or private health agency which may include a family 78 25 physician. 78 26 d. The pregnancy is the result of incest which is reported 78 27 within 150 days of the incident to a law enforcement agency or 78 28 public or private health agency which may include a family 78 29 physician. 78 30 e. Any spontaneous abortion, commonly known as a 78 31 miscarriage, if not all of the products of conception are 78 32 expelled. 78 33 2. Notwithstanding section 8.39, the department may 78 34 transfer funds appropriated in this section to a separate 78 35 account established in the department's case management unit 79 1 for expenditures required to provide case management services 79 2 for mental health, mental retardation, and developmental 79 3 disabilities services under medical assistance which are 79 4 jointly funded by the state and county, pending final 79 5 settlement of the expenditures. Funds received by the case 79 6 management unit in settlement of the expenditures shall be 79 7 used to replace the transferred funds and are available for 79 8 the purposes for which the funds were appropriated in this 79 9 section. 79 10 3. a. The county of legal settlement shall be billed for 79 11 50 percent of the nonfederal share of the cost of case 79 12 management provided for adults, day treatment, and partial 79 13 hospitalization in accordance with sections 249A.26 and 79 14 249A.27, and 100 percent of the nonfederal share of the cost 79 15 of care for adults which is reimbursed under a federally 79 16 approved home and community-based waiver that would otherwise 79 17 be approved for provision in an intermediate care facility for 79 18 persons with mental retardation, provided under the medical 79 19 assistance program. The state shall have responsibility for 79 20 the remaining 50 percent of the nonfederal share of the cost 79 21 of case management provided for adults, day treatment, and 79 22 partial hospitalization. For persons without a county of 79 23 legal settlement, the state shall have responsibility for 100 79 24 percent of the nonfederal share of the costs of case 79 25 management provided for adults, day treatment, partial 79 26 hospitalization, and the home and community-based waiver 79 27 services. The case management services specified in this 79 28 subsection shall be billed to a county only if the services 79 29 are provided outside of a managed care contract. 79 30 b. The state shall pay the entire nonfederal share of the 79 31 costs for case management services provided to persons 17 79 32 years of age and younger who are served in a medical 79 33 assistance home and community-based waiver program for persons 79 34 with mental retardation. 79 35 c. Medical assistance funding for case management services 80 1 for eligible persons 17 years of age and younger shall also be 80 2 provided to persons residing in counties with child welfare 80 3 decategorization projects implemented in accordance with 80 4 section 232.188, provided these projects have included these 80 5 persons in their service plan and the decategorization project 80 6 county is willing to provide the nonfederal share of costs. 80 7 d. When paying the necessary and legal expenses of 80 8 intermediate care facilities for persons with mental 80 9 retardation (ICFMR), the cost payment requirements of section 80 10 222.60 shall be considered fulfilled when payment is made in 80 11 accordance with the medical assistance payment rates 80 12 established for ICFMRs by the department and the state or a 80 13 county of legal settlement is not obligated for any amount in 80 14 excess of the rates. 80 15 e. Unless a county has paid or is paying for the 80 16 nonfederal share of the cost of a person's home and community- 80 17 based waiver services or ICFMR placement under the county's 80 18 mental health, mental retardation, and developmental 80 19 disabilities services fund, or unless a county of legal 80 20 settlement would become liable for the costs of services at 80 21 the ICFMR level of care for a person due to the person 80 22 reaching the age of majority, the state shall pay the 80 23 nonfederal share of the costs of an eligible person's services 80 24 under the home and community-based waiver for persons with 80 25 brain injury. 80 26 4. The department shall utilize not more than $60,000 of 80 27 the funds appropriated in this section to continue the 80 28 AIDS/HIV health insurance premium payment program as 80 29 established in 1992 Iowa Acts, Second Extraordinary Session, 80 30 chapter 1001, section 409, subsection 6. Of the funds 80 31 allocated in this subsection, not more than $5,000 may be 80 32 expended for administrative purposes. 80 33 5. Of the funds appropriated to the Iowa department of 80 34 public health for substance abuse grants, $950,000 for the 80 35 fiscal year beginning July 1, 2002, shall be transferred to 81 1 the department of human services for an integrated substance 81 2 abuse managed care system. 81 3 6. In administering the medical assistance home and 81 4 community-based waivers, the total number of openings for 81 5 persons with physical disabilities served at any one time 81 6 shall be limited to the number approved for a waiver by the 81 7 secretary of the United States department of health and human 81 8 services. The openings shall be available on a first-come, 81 9 first-served basis. 81 10 7. The department of human services, in consultation with 81 11 the Iowa department of public health and the department of 81 12 education, shall continue the program to utilize the early and 81 13 periodic screening, diagnosis, and treatment (EPSDT) funding 81 14 under medical assistance, to the extent possible, to implement 81 15 the screening component of the EPSDT program through the 81 16 school system. The department may enter into contracts to 81 17 utilize maternal and child health centers, the public health 81 18 nursing program, or school nurses in implementing this 81 19 provision. 81 20 8. The department shall continue the medical assistance 81 21 home and community-based services waiver to allow children 81 22 with mental retardation, who would otherwise require ICF/MR 81 23 care, to be served in out-of-home settings of up to eight beds 81 24 which meet standards established by the department. Up to 81 25 $1,487,314 of the funds appropriated in this section may be 81 26 used for the costs of the waiver. 81 27 9. The department shall continue working with county 81 28 representatives in aggressively implementing the 81 29 rehabilitation option for services to persons with chronic 81 30 mental illness under the medical assistance program, and 81 31 county funding shall be used to provide the match for the 81 32 federal funding, except for individuals with state case 81 33 status, for whom state funding shall provide the match. 81 34 10. If the federal centers for Medicare and Medicaid 81 35 services approves a waiver request from the department, the 82 1 department shall provide a period of 24 months of guaranteed 82 2 eligibility for medical assistance family planning services, 82 3 regardless of the change in circumstances of a woman who was a 82 4 medical assistance recipient when a pregnancy ended. 82 5 11. The department shall aggressively pursue options for 82 6 providing medical assistance or other assistance to 82 7 individuals with special needs who become ineligible to 82 8 continue receiving services under the early and periodic, 82 9 screening, diagnosis, and treatment program under the medical 82 10 assistance program due to becoming 21 years of age, who have 82 11 been approved for additional assistance through the 82 12 department's exception to policy provisions, but who have 82 13 health care needs in excess of the funding available through 82 14 the exception to policy process. 82 15 12. Of the funds appropriated in this section, $150,000 82 16 shall be used as state matching funds, in combination with 82 17 federal and private funds for participation in a federal home 82 18 telecare pilot program intended to manage health care needs of 82 19 subpopulations of Iowans and specifically including 82 20 subpopulations of Iowans who require high utilization of 82 21 health care services and represent a disproportionate share of 82 22 consumption of health care services. The program shall be 82 23 administered by the Iowa telecare consortium, which is a 82 24 collaboration of public, private, academic, and governmental 82 25 participants coordinated by Des Moines university – 82 26 osteopathic medical center. The program may direct telecare 82 27 services to persons with diagnoses of specific nonacute 82 28 chronic illnesses, which may include, but are not limited to, 82 29 chronic obstructive pulmonary disease, congestive heart 82 30 disease, diabetes, and asthma. Des Moines university – 82 31 osteopathic medical center shall submit a report to the 82 32 general assembly by January 15, 2003, regarding the status of 82 33 the pilot program. The program guidelines shall be consistent 82 34 with those specified under 2001 Iowa Acts, chapter 191, 82 35 section 7, subsection 15. 83 1 13. The drug utilization review board shall submit copies 83 2 of the board's annual review, including facts and findings, of 83 3 the drugs on the department's prior authorization list to the 83 4 department and to the members of the joint appropriations 83 5 subcommittee on human services. 83 6 14. The department shall expend the anticipated savings 83 7 for operation of the state maximum allowable cost program for 83 8 pharmaceuticals as additional funding for the medical 83 9 assistance program. 83 10 Sec. 116. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 83 11 is appropriated from the general fund of the state to the 83 12 department of human services for the fiscal year beginning 83 13 July 1, 2002, and ending June 30, 2003, the following amount, 83 14 or so much thereof as is necessary, to be used for the purpose 83 15 designated: 83 16 For administration of the health insurance premium payment 83 17 program, including salaries, support, maintenance, and 83 18 miscellaneous purposes, and for not more than the following 83 19 full-time equivalent positions: 83 20 .................................................. $ 580,044 83 21 ............................................... FTEs 22.00 83 22 Sec. 117. MEDICAL CONTRACTS. There is appropriated from 83 23 the general fund of the state to the department of human 83 24 services for the fiscal year beginning July 1, 2002, and 83 25 ending June 30, 2003, the following amount, or so much thereof 83 26 as is necessary, to be used for the purpose designated: 83 27 For medical contracts: 83 28 .................................................. $ 8,729,141 83 29 1. The department shall receive input and recommendations 83 30 from the chairpersons and ranking members of the joint 83 31 appropriations subcommittee on human services prior to 83 32 entering into or extending any managed care contract for 83 33 mental health or substance abuse services. 83 34 2. In any managed care contract for mental health or 83 35 substance abuse services entered into or extended by the 84 1 department on or after July 1, 2002, the request for proposals 84 2 shall provide for coverage of dual diagnosis mental health and 84 3 substance abuse treatment provided at the state mental health 84 4 institute at Mount Pleasant. To the extent possible, the 84 5 department shall also amend any such contract existing on July 84 6 1, 2002, to provide for such coverage. 84 7 Sec. 118. STATE SUPPLEMENTARY ASSISTANCE. There is 84 8 appropriated from the general fund of the state to the 84 9 department of human services for the fiscal year beginning 84 10 July 1, 2002, and ending June 30, 2003, the following amount, 84 11 or so much thereof as is necessary, to be used for the 84 12 purposes designated: 84 13 For state supplementary assistance and the medical 84 14 assistance home and community-based services waiver rent 84 15 subsidy program: 84 16 .................................................. $ 19,500,000 84 17 1. The department shall increase the personal needs 84 18 allowance for residents of residential care facilities by the 84 19 same percentage and at the same time as federal supplemental 84 20 security income and federal social security benefits are 84 21 increased due to a recognized increase in the cost of living. 84 22 The department may adopt emergency rules to implement this 84 23 subsection. 84 24 2. If during the fiscal year beginning July 1, 2002, the 84 25 department projects that state supplementary assistance 84 26 expenditures for a calendar year will not meet the federal 84 27 pass-along requirement specified in Title XVI of the federal 84 28 Social Security Act, section 1618, as codified in 42 U.S.C. } 84 29 1382g, the department may take actions including but not 84 30 limited to increasing the personal needs allowance for 84 31 residential care facility residents and making programmatic 84 32 adjustments or upward adjustments of the residential care 84 33 facility or in-home health-related care reimbursement rates 84 34 prescribed in this division of this Act to ensure that federal 84 35 requirements are met. The department may adopt emergency 85 1 rules to implement the provisions of this subsection. 85 2 3. The department may use up to $25,000 of the funds 85 3 appropriated in this section for a rent subsidy program for 85 4 adult persons. The requirements under 2001 Iowa Acts, chapter 85 5 191, section 11, subsection 3, shall apply to the program and 85 6 the participants in the program. 85 7 Sec. 119. CHILD CARE ASSISTANCE. There is appropriated 85 8 from the general fund of the state to the department of human 85 9 services for the fiscal year beginning July 1, 2002, and 85 10 ending June 30, 2003, the following amount, or so much thereof 85 11 as is necessary, to be used for the purpose designated: 85 12 For child care programs: 85 13 ................................................. $ 4,939,635 85 14 1. a. Of the funds appropriated in this section, 85 15 $4,414,111 shall be used for state child care assistance in 85 16 accordance with section 237A.13. 85 17 b. During the 2002-2003 fiscal year, the moneys deposited 85 18 in the child care credit fund created in section 237A.28 are 85 19 appropriated to the department to be used for state child care 85 20 assistance in accordance with section 237A.13, in addition to 85 21 the moneys allocated for that purpose in paragraph "a". 85 22 2. Nothing in this section shall be construed or is 85 23 intended as, or shall imply, a grant of entitlement for 85 24 services to persons who are eligible for assistance due to an 85 25 income level consistent with the waiting list requirements of 85 26 section 237A.13. Any state obligation to provide services 85 27 pursuant to this section is limited to the extent of the funds 85 28 appropriated in this section. 85 29 3. Of the funds appropriated in this section, $525,524 is 85 30 allocated for the statewide program for child care resource 85 31 and referral services under section 237A.26. 85 32 4. The department may use any of the funds appropriated in 85 33 this section as a match to obtain federal funds for use in 85 34 expanding child care assistance and related programs. For the 85 35 purpose of expenditures of state and federal child care 86 1 funding, funds shall be considered obligated at the time 86 2 expenditures are projected or are allocated to the 86 3 department's regions. Projections shall be based on current 86 4 and projected caseload growth, current and projected provider 86 5 rates, staffing requirements for eligibility determination and 86 6 management of program requirements including data systems 86 7 management, staffing requirements for administration of the 86 8 program, contractual and grant obligations and any transfers 86 9 to other state agencies, and obligations for decategorization 86 10 or innovation projects. 86 11 5. If the federal government appropriates additional 86 12 funding under the federal child care and development block 86 13 grant than was anticipated would be received for the state 86 14 fiscal year beginning July 1, 2002, in addition to the 86 15 notification requirements for expenditure requirements for 86 16 additional federal funds under 2002 Iowa Acts, House File 86 17 2582, the department shall consult with the chairpersons and 86 18 ranking members of the joint appropriations subcommittee on 86 19 human services at least thirty days in advance of committing 86 20 to expenditure of the additional funding. 86 21 Sec. 120. JUVENILE INSTITUTIONS. There is appropriated 86 22 from the general fund of the state to the department of human 86 23 services for the fiscal year beginning July 1, 2002, and 86 24 ending June 30, 2003, the following amounts, or so much 86 25 thereof as is necessary, to be used for the purposes 86 26 designated: 86 27 1. For operation of the Iowa juvenile home at Toledo and 86 28 for salaries, support, maintenance, and for not more than the 86 29 following full-time equivalent positions: 86 30 .................................................. $ 6,273,663 86 31 ............................................... FTEs 134.54 86 32 It is the intent of the general assembly that beginning in 86 33 the fiscal year commencing on July 1, 2003, the Iowa juvenile 86 34 home at Toledo will serve only females. 86 35 2. For operation of the state training school at Eldora 87 1 and for salaries, support, maintenance, and for not more than 87 2 the following full-time equivalent positions: 87 3 .................................................. $ 10,434,719 87 4 ............................................... FTEs 218.53 87 5 3. During the fiscal year beginning July 1, 2002, the 87 6 population levels at the state juvenile institutions shall not 87 7 exceed the population guidelines established under 1990 Iowa 87 8 Acts, chapter 1239, section 21, as adjusted for additional 87 9 beds developed at the institutions. 87 10 4. A portion of the moneys appropriated in this section 87 11 shall be used by the state training school and by the Iowa 87 12 juvenile home for grants for adolescent pregnancy prevention 87 13 activities at the institutions in the fiscal year beginning 87 14 July 1, 2002. 87 15 5. Within the amounts appropriated in this section, the 87 16 department may transfer funds as necessary to best fulfill the 87 17 needs of the institutions provided for in the appropriation. 87 18 Sec. 121. CHILD AND FAMILY SERVICES. There is 87 19 appropriated from the general fund of the state to the 87 20 department of human services for the fiscal year beginning 87 21 July 1, 2002, and ending June 30, 2003, the following amount, 87 22 or so much thereof as is necessary, to be used for the purpose 87 23 designated: 87 24 For child and family services: 87 25 .................................................. $98,144,163 87 26 1. The department may transfer funds appropriated in this 87 27 section as necessary to pay the nonfederal costs of services 87 28 reimbursed under medical assistance or the family investment 87 29 program which are provided to children who would otherwise 87 30 receive services paid under the appropriation in this section. 87 31 The department may transfer funds appropriated in this section 87 32 to the appropriations in this division of this Act for general 87 33 administration and for field operations for resources 87 34 necessary to implement and operate the services funded in this 87 35 section. 88 1 2. a. Of the funds appropriated in this section, up to 88 2 $28,665,950 is allocated as the statewide expenditure target 88 3 under section 232.143 for group foster care maintenance and 88 4 services. 88 5 b. If at any time after September 30, 2002, annualization 88 6 of a service area's current expenditures indicates a service 88 7 area is at risk of exceeding its group foster care expenditure 88 8 target under section 232.143 by more than five percent, the 88 9 department and juvenile court services shall examine all group 88 10 foster care placements in that service area in order to 88 11 identify those which might be appropriate for termination. In 88 12 addition, any aftercare services believed to be needed for the 88 13 children whose placements may be terminated shall be 88 14 identified. The department and juvenile court services shall 88 15 initiate action to set dispositional review hearings for the 88 16 placements identified. In such a dispositional review 88 17 hearing, the juvenile court shall determine whether needed 88 18 aftercare services are available and whether termination of 88 19 the placement is in the best interest of the child and the 88 20 community. 88 21 c. (1) Of the funds appropriated in this section, not 88 22 more than $6,585,993 is allocated as the state match funding 88 23 for psychiatric medical institutions for children. 88 24 (2) The department may transfer all or a portion of the 88 25 amount allocated in this lettered paragraph for psychiatric 88 26 medical institutions for children (PMICs) to the appropriation 88 27 in this division of this Act for medical assistance. 88 28 d. Of the funds allocated in this subsection, $1,370,127 88 29 is allocated as the state match funding for 50 highly 88 30 structured juvenile program beds. If the number of beds 88 31 provided for in this lettered paragraph is not utilized, the 88 32 remaining funds allocated may be used for group foster care. 88 33 e. For the fiscal year beginning July 1, 2002, the 88 34 requirements of section 232.143 applicable to the juvenile 88 35 court and to representatives of the juvenile court shall be 89 1 applicable instead to juvenile court services and to 89 2 representatives of juvenile court services. The 89 3 representatives appointed by the department of human services 89 4 and by juvenile court services to establish the plan to 89 5 contain expenditures for children placed in group foster care 89 6 ordered by the court within the budget target allocated to the 89 7 service area shall establish the plan in a manner so as to 89 8 ensure the moneys allocated to the service area under section 89 9 232.143 shall last the entire fiscal year. Funds for a child 89 10 placed in group foster care shall be considered encumbered for 89 11 the duration of the child's projected or actual length of 89 12 stay, whichever is applicable. 89 13 3. The department shall continue the goal that not more 89 14 than 15 percent of the children placed in foster care funded 89 15 under the federal Social Security Act, Title IV-E, may be 89 16 placed in foster care for a period of more than 24 months. 89 17 4. In accordance with the provisions of section 232.188, 89 18 the department shall continue the program to decategorize 89 19 child welfare services funding in additional counties or 89 20 clusters of counties. 89 21 5. A portion of the funding appropriated in this section 89 22 may be used for emergency family assistance to provide other 89 23 resources required for a family participating in a family 89 24 preservation or reunification project to stay together or to 89 25 be reunified. 89 26 6. Notwithstanding section 234.35, subsection 1, for the 89 27 fiscal year beginning July 1, 2002, state funding for shelter 89 28 care paid pursuant to section 234.35, subsection 1, paragraph 89 29 "h", shall be limited to $7,120,382. 89 30 7. The department shall continue to make adoption 89 31 presubsidy and adoption subsidy payments to adoptive parents 89 32 at the beginning of the month for the current month. 89 33 8. Federal funds received by the state during the fiscal 89 34 year beginning July 1, 2002, as the result of the expenditure 89 35 of state funds appropriated during a previous state fiscal 90 1 year for a service or activity funded under this section, 90 2 shall be used as additional funding for services provided 90 3 under this section. 90 4 9. The department and juvenile court services shall 90 5 continue to develop criteria for the department service area 90 6 administrator and chief juvenile court officer to grant 90 7 exceptions to extend eligibility, within the funds allocated, 90 8 for intensive tracking and supervision and for supervised 90 9 community treatment to delinquent youth beyond age 18 who are 90 10 subject to release from the state training school, a highly 90 11 structured juvenile program, or group foster care. 90 12 10. Of the moneys appropriated in this section, not more 90 13 than $415,135 is allocated to provide clinical assessment 90 14 services as necessary to continue funding of children's 90 15 rehabilitation services under medical assistance in accordance 90 16 with federal law and requirements. The funding allocated is 90 17 the amount projected to be necessary for providing the 90 18 clinical assessment services. 90 19 11. Of the funding appropriated in this section, 90 20 $3,696,285 shall be used for protective child care assistance. 90 21 12. Of the moneys appropriated in this section, up to 90 22 $2,924,183 is allocated for the payment of the expenses of 90 23 court-ordered services provided to juveniles which are a 90 24 charge upon the state pursuant to section 232.141, subsection 90 25 4. 90 26 a. Notwithstanding section 232.141 or any other provision 90 27 of law, the amount allocated in this subsection shall be 90 28 distributed to the judicial districts as determined by the 90 29 state court administrator. The state court administrator 90 30 shall make the determination of the distribution amounts on or 90 31 before June 15, 2002. 90 32 b. Notwithstanding chapter 232 or any other provision of 90 33 law, a district or juvenile court shall not order any service 90 34 which is a charge upon the state pursuant to section 232.141 90 35 if there are insufficient court-ordered services funds 91 1 available in the district court distribution amount to pay for 91 2 the service. The chief juvenile court officer shall encourage 91 3 use of the funds allocated in this subsection such that there 91 4 are sufficient funds to pay for all court-related services 91 5 during the entire year. The chief juvenile court officers 91 6 shall attempt to anticipate potential surpluses and shortfalls 91 7 in the distribution amounts and shall cooperatively request 91 8 the state court administrator to transfer funds between the 91 9 districts' distribution amounts as prudent. 91 10 c. Notwithstanding any provision of law to the contrary, a 91 11 district or juvenile court shall not order a county to pay for 91 12 any service provided to a juvenile pursuant to an order 91 13 entered under chapter 232 which is a charge upon the state 91 14 under section 232.141, subsection 4. 91 15 d. Of the funding allocated in this subsection, not more 91 16 than $100,000 may be used by the judicial branch for 91 17 administration of the requirements under this subsection and 91 18 for travel associated with court-ordered placements which are 91 19 a charge upon the state pursuant to section 232.141, 91 20 subsection 4. 91 21 13. a. Of the funding appropriated in this section, 91 22 $2,927,602 is allocated to provide school-based supervision of 91 23 children adjudicated under chapter 232, including not more 91 24 than $1,463,801 from the allocation in this section for court- 91 25 ordered services. Not more than $15,000 of the funding 91 26 allocated in this subsection may be used for the purpose of 91 27 training. 91 28 b. A portion of the cost of each school-based liaison 91 29 officer shall be paid by the school district or other funding 91 30 source as approved by the chief juvenile court officer. 91 31 14. The department shall maximize the capacity to draw 91 32 federal funding under Title IV-E of the federal Social 91 33 Security Act. 91 34 15. Any unanticipated federal funding that is received 91 35 during the fiscal year due to improvements in the hours 92 1 counted by the judicial branch under the claiming process for 92 2 federal Title IV-E funding are appropriated to the department 92 3 to be used for additional or expanded services and support for 92 4 court-ordered services pursuant to section 232.141. 92 5 Notwithstanding section 8.33, moneys appropriated in this 92 6 subsection that remain unencumbered or unobligated at the 92 7 close of the fiscal year shall not revert but shall remain 92 8 available for expenditure for the purposes designated until 92 9 the close of the succeeding fiscal year. 92 10 16. Notwithstanding section 234.39, subsection 5, and 2000 92 11 Iowa Acts, chapter 1228, section 43, the department may 92 12 operate a subsidized guardianship program if the United States 92 13 department of health and human services approves a waiver 92 14 under Title IV-E of the federal Social Security Act and the 92 15 subsidized guardianship program can be operated without loss 92 16 of Title IV-E funds. 92 17 17. It is the intent of the general assembly that the 92 18 department continue its practice of providing strong support 92 19 for Iowa's nationally recognized initiative of 92 20 decategorization of child welfare funding. 92 21 18. It is the intent of the general assembly that 92 22 administration of the foster care and adoption programs be 92 23 privatized. 92 24 Sec. 122. JUVENILE DETENTION HOME FUND. Moneys deposited 92 25 in the juvenile detention home fund created in section 232.142 92 26 during the fiscal year beginning July 1, 2002, and ending June 92 27 30, 2003, are appropriated to the department of human services 92 28 for the fiscal year beginning July 1, 2002, and ending June 92 29 30, 2003, for distribution as follows: 92 30 1. An amount equal to ten percent of the costs of the 92 31 establishment, improvement, operation, and maintenance of 92 32 county or multicounty juvenile detention homes in the fiscal 92 33 year beginning July 1, 2001. Moneys appropriated for 92 34 distribution in accordance with this paragraph shall be 92 35 allocated among eligible detention homes, prorated on the 93 1 basis of an eligible detention home's proportion of the costs 93 2 of all eligible detention homes in the fiscal year beginning 93 3 July 1, 2001. Notwithstanding section 232.142, subsection 3, 93 4 the financial aid payable by the state under that provision 93 5 for the fiscal year beginning July 1, 2002, shall be limited 93 6 to the amount appropriated for the purposes of this 93 7 subsection. 93 8 2. For renewal of a grant to a county with a population 93 9 between 168,000 and 175,000 for implementation of the county's 93 10 runaway treatment plan under section 232.195: 93 11 .................................................. $ 80,000 93 12 3. For grants to counties implementing a runaway treatment 93 13 plan under section 232.195. 93 14 4. The remainder for additional allocations to county or 93 15 multicounty juvenile detention homes, in accordance with the 93 16 distribution requirements of subsection 1. 93 17 Sec. 123. FAMILY SUPPORT SUBSIDY PROGRAM. There is 93 18 appropriated from the general fund of the state to the 93 19 department of human services for the fiscal year beginning 93 20 July 1, 2002, and ending June 30, 2003, the following amount, 93 21 or so much thereof as is necessary, to be used for the purpose 93 22 designated: 93 23 For the family support subsidy program: 93 24 .................................................. $ 1,936,434 93 25 1. The department may use up to $333,312 of the moneys 93 26 appropriated in this section to continue the children-at-home 93 27 program in current counties, of which not more than $20,000 93 28 shall be used for administrative costs. 93 29 2. Notwithstanding section 225C.38, subsection 1, the 93 30 monthly family support payment amount for the fiscal year 93 31 beginning July 1, 2002, shall remain the same as the payment 93 32 amount in effect on June 30, 2002. 93 33 Sec. 124. CONNER DECREE. There is appropriated from the 93 34 general fund of the state to the department of human services 93 35 for the fiscal year beginning July 1, 2002, and ending June 94 1 30, 2003, the following amount, or so much thereof as is 94 2 necessary, to be used for the purpose designated: 94 3 For building community capacity through the coordination 94 4 and provision of training opportunities in accordance with the 94 5 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 94 6 Iowa, July 14, 1994): 94 7 .................................................. $ 42,623 94 8 Sec. 125. MENTAL HEALTH INSTITUTES. There is appropriated 94 9 from the general fund of the state to the department of human 94 10 services for the fiscal year beginning July 1, 2002, and 94 11 ending June 30, 2003, the following amounts, or so much 94 12 thereof as is necessary, to be used for the purposes 94 13 designated: 94 14 1. For the state mental health institute at Cherokee for 94 15 salaries, support, maintenance, and miscellaneous purposes and 94 16 for not more than the following full-time equivalent 94 17 positions: 94 18 .................................................. $ 12,747,990 94 19 ............................................... FTEs 227.65 94 20 2. For the state mental health institute at Clarinda for 94 21 salaries, support, maintenance, and miscellaneous purposes and 94 22 for not more than the following full-time equivalent 94 23 positions: 94 24 .................................................. $ 7,244,131 94 25 ............................................... FTEs 126.15 94 26 3. For the state mental health institute at Independence 94 27 for salaries, support, maintenance, and miscellaneous purposes 94 28 and for not more than the following full-time equivalent 94 29 positions: 94 30 .................................................. $ 16,552,128 94 31 ............................................... FTEs 333.80 94 32 The state mental health institute at Independence shall 94 33 continue the 30 psychiatric medical institution for children 94 34 (PMIC) beds authorized in section 135H.6, in a manner which 94 35 results in no net state expenditure amount in excess of the 95 1 amount appropriated in this subsection. Counties are not 95 2 responsible for the costs of PMIC services described in this 95 3 subsection. Subject to the approval of the department, with 95 4 the exception of revenues required under section 249A.11 to be 95 5 credited to the appropriation in this division of this Act for 95 6 medical assistance, revenues attributable to the PMIC beds 95 7 described in this subsection for the fiscal year beginning 95 8 July 1, 2002, and ending June 30, 2003, shall be deposited in 95 9 the institute's account, including but not limited to any of 95 10 the following revenues: 95 11 a. The federal share of medical assistance revenue 95 12 received under chapter 249A. 95 13 b. Moneys received through client participation. 95 14 c. Any other revenues directly attributable to the PMIC 95 15 beds. 95 16 4. For the state mental health institute at Mount Pleasant 95 17 for salaries, support, maintenance, and miscellaneous purposes 95 18 and for not more than the following full-time equivalent 95 19 positions: 95 20 .................................................. $ 5,343,829 95 21 ............................................... FTEs 100.07 95 22 a. Funding is provided in this subsection for the state 95 23 mental health institute at Mount Pleasant to continue the dual 95 24 diagnosis mental health and substance abuse program on a net 95 25 budgeting basis in which 50 percent of the actual per diem and 95 26 ancillary services costs are chargeable to the patient's 95 27 county of legal settlement or as a state case, as appropriate. 95 28 Subject to the approval of the department, revenues 95 29 attributable to the dual diagnosis program for the fiscal year 95 30 beginning July 1, 2002, and ending June 30, 2003, shall be 95 31 deposited in the institute's account, including but not 95 32 limited to all of the following revenues: 95 33 (1) Moneys received by the state from billings to counties 95 34 under section 230.20. 95 35 (2) Moneys received from billings to the Medicare program. 96 1 (3) Moneys received from a managed care contractor 96 2 providing services under contract with the department or any 96 3 private third-party payor. 96 4 (4) Moneys received through client participation. 96 5 (5) Any other revenues directly attributable to the dual 96 6 diagnosis program. 96 7 b. The following additional provisions are applicable in 96 8 regard to the dual diagnosis program: 96 9 (1) A county may split the charges between the county's 96 10 mental health, mental retardation, and developmental 96 11 disabilities services fund and the county's budget for 96 12 substance abuse expenditures. 96 13 (2) If an individual is committed to the custody of the 96 14 department of corrections at the time the individual is 96 15 referred for dual diagnosis treatment, the department of 96 16 corrections shall be charged for the costs of treatment. 96 17 (3) Prior to an individual's admission for dual diagnosis 96 18 treatment, the individual shall have been screened through a 96 19 county's single entry point process to determine the 96 20 appropriateness of the treatment. 96 21 (4) A county shall not be chargeable for the costs of 96 22 treatment for an individual enrolled in and authorized by or 96 23 decertified by a managed behavioral care plan under the 96 24 medical assistance program. 96 25 (5) Notwithstanding section 8.33, state mental health 96 26 institute revenues related to the dual diagnosis program that 96 27 remain unencumbered or unobligated at the close of the fiscal 96 28 year shall not revert but shall remain available up to the 96 29 amount which would allow the state mental health institute to 96 30 meet credit obligations owed to counties as a result of year- 96 31 end per diem adjustments for the dual diagnosis program. 96 32 5. Within the funds appropriated in this section, the 96 33 department may transfer funds as necessary to best fulfill the 96 34 needs of the institutes provided for in the appropriation. 96 35 6. As part of the discharge planning process at the state 97 1 mental health institutes, the department shall provide 97 2 assistance in obtaining eligibility for federal supplemental 97 3 security income (SSI) to those individuals whose care at a 97 4 state mental health institute is the financial responsibility 97 5 of the state or a county. 97 6 Sec. 126. STATE RESOURCE CENTERS. There is appropriated 97 7 from the general fund of the state to the department of human 97 8 services for the fiscal year beginning July 1, 2002, and 97 9 ending June 30, 2003, the following amounts, or so much 97 10 thereof as is necessary, to be used for the purposes 97 11 designated: 97 12 1. For the state resource center at Glenwood for salaries, 97 13 support, maintenance, and miscellaneous purposes: 97 14 .................................................. $ 2,170,150 97 15 2. For the state resource center at Woodward for salaries, 97 16 support, maintenance, and miscellaneous purposes: 97 17 .................................................. $ 1,463,073 97 18 3. a. The department shall continue operating the state 97 19 resource centers at Glenwood and Woodward with a net general 97 20 fund appropriation. The amounts allocated in this section are 97 21 the net amounts of state moneys projected to be needed for the 97 22 state resource centers. The purposes of operating with a net 97 23 general fund appropriation are to encourage the state resource 97 24 centers to operate with increased self-sufficiency, to improve 97 25 quality and efficiency, and to support collaborative efforts 97 26 between the state resource centers and counties and other 97 27 funders of services available from the state resource centers. 97 28 The state resource centers shall not be operated under the net 97 29 appropriation in a manner which results in a cost increase to 97 30 the state or cost shifting between the state, the medical 97 31 assistance program, counties, or other sources of funding for 97 32 the state resource centers. Moneys appropriated in this 97 33 section may be used throughout the fiscal year in the manner 97 34 necessary for purposes of cash flow management, and for 97 35 purposes of cash flow management the state resource centers 98 1 may temporarily draw more than the amounts appropriated, 98 2 provided the amounts appropriated are not exceeded at the 98 3 close of the fiscal year. 98 4 b. Subject to the approval of the department, except for 98 5 revenues under section 249A.11, revenues attributable to the 98 6 state resource centers for the fiscal year beginning July 1, 98 7 2002, shall be deposited into each state resource center's 98 8 account, including but not limited to all of the following: 98 9 (1) Moneys received by the state from billings to counties 98 10 under section 222.73. 98 11 (2) The federal share of medical assistance revenue 98 12 received under chapter 249A. 98 13 (3) Federal Medicare program payments. 98 14 (4) Moneys received from client financial participation. 98 15 (5) Other revenues generated from current, new, or 98 16 expanded services which the state resource center is 98 17 authorized to provide. 98 18 c. For the purposes of allocating the salary adjustment 98 19 fund moneys appropriated in another Act, the state resource 98 20 centers shall be considered to be funded entirely with state 98 21 moneys. 98 22 d. Notwithstanding section 8.33, up to $500,000 of a state 98 23 resource center's revenues that remain unencumbered or 98 24 unobligated at the close of the fiscal year shall not revert 98 25 but shall remain available to be used in the succeeding fiscal 98 26 year. 98 27 4. Within the funds appropriated in this section, the 98 28 department may transfer funds as necessary to best fulfill the 98 29 needs of the institutions provided for in the appropriation. 98 30 5. The department may continue to bill for state resource 98 31 center services utilizing a scope of services approach used 98 32 for private providers of ICFMR services, in a manner which 98 33 does not shift costs between the medical assistance program, 98 34 counties, or other sources of funding for the state resource 98 35 centers. 99 1 6. The state resource centers may expand the time limited 99 2 assessment and respite services during the fiscal year. 99 3 7. If the department's administration and the department 99 4 of management concur with a finding by a state resource 99 5 center's superintendent that projected revenues can reasonably 99 6 be expected to pay the salary and support costs for a new 99 7 employee position, or that such costs for adding a particular 99 8 number of new positions for the fiscal year would be less than 99 9 the overtime costs if new positions would not be added, the 99 10 superintendent may add the new position or positions. If the 99 11 vacant positions available to a resource center do not include 99 12 the position classification desired to be filled, the state 99 13 resource center's superintendent may reclassify any vacant 99 14 position as necessary to fill the desired position. The 99 15 superintendents of the state resource centers may, by mutual 99 16 agreement, pool vacant positions and position classifications 99 17 during the course of the fiscal year in order to assist one 99 18 another in filling necessary positions. 99 19 8. If existing capacity limitations are reached in 99 20 operating units, a waiting list is in effect for a service or 99 21 a special need for which a payment source or other funding is 99 22 available for the service or to address the special need, and 99 23 facilities for the service or to address the special need can 99 24 be provided within the available payment source or other 99 25 funding, the superintendent of a state resource center may 99 26 authorize opening not more than two units or other facilities 99 27 and to begin implementing the service or addressing the 99 28 special need during fiscal year 2002-2003. 99 29 Sec. 127. SPECIAL NEEDS GRANTS. There is appropriated 99 30 from the general fund of the state to the department of human 99 31 services for the fiscal year beginning July 1, 2002, and 99 32 ending June 30, 2003, the following amount, or so much thereof 99 33 as is necessary, to be used for the purpose designated: 99 34 To provide special needs grants to families with a family 99 35 member at home who has a developmental disability or to a 100 1 person with a developmental disability: 100 2 .................................................. $ 47,827 100 3 Grants must be used by a family to defray special costs of 100 4 caring for the family member to prevent out-of-home placement 100 5 of the family member or to provide for independent living 100 6 costs. The grants may be administered by a private nonprofit 100 7 agency which serves people statewide provided that no 100 8 administrative costs are received by the agency. 100 9 Sec. 128. MI/MR/DD STATE CASES. There is appropriated 100 10 from the general fund of the state to the department of human 100 11 services for the fiscal year beginning July 1, 2002, and 100 12 ending June 30, 2003, the following amount, or so much thereof 100 13 as is necessary, to be used for the purpose designated: 100 14 For purchase of local services for persons with mental 100 15 illness, mental retardation, and developmental disabilities 100 16 where the client has no established county of legal 100 17 settlement: 100 18 .................................................. $ 11,414,619 100 19 The general assembly encourages the department to continue 100 20 discussions with the Iowa state association of counties and 100 21 administrators of county central point of coordination offices 100 22 regarding proposals for moving state cases to county budgets. 100 23 Sec. 129. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 100 24 COMMUNITY SERVICES FUND. There is appropriated from the 100 25 general fund of the state to the mental health and 100 26 developmental disabilities community services fund created in 100 27 section 225C.7 for the fiscal year beginning July 1, 2002, and 100 28 ending June 30, 2003, the following amount, or so much thereof 100 29 as is necessary, to be used for the purpose designated: 100 30 For mental health and developmental disabilities community 100 31 services in accordance with this division of this Act: 100 32 ................................................. $ 17,757,890 100 33 1. Of the funds appropriated in this section, $17,727,890 100 34 shall be allocated to counties for funding of community-based 100 35 mental health and developmental disabilities services. The 101 1 moneys shall be allocated to a county as follows: 101 2 a. Fifty percent based upon the county's proportion of the 101 3 state's population of persons with an annual income which is 101 4 equal to or less than the poverty guideline established by the 101 5 federal office of management and budget. 101 6 b. Fifty percent based upon the county's proportion of the 101 7 state's general population. 101 8 2. a. A county shall utilize the funding the county 101 9 receives pursuant to subsection 1 for services provided to 101 10 persons with a disability, as defined in section 225C.2. 101 11 However, no more than 50 percent of the funding shall be used 101 12 for services provided to any one of the service populations. 101 13 b. A county shall use at least 50 percent of the funding 101 14 the county receives under subsection 1 for contemporary 101 15 services provided to persons with a disability, as described 101 16 in rules adopted by the department. 101 17 3. Of the funds appropriated in this section, $30,000 101 18 shall be used to support the Iowa compass program providing 101 19 computerized information and referral services for Iowans with 101 20 disabilities and their families. 101 21 4. a. Funding appropriated for purposes of the federal 101 22 social services block grant is allocated for distribution to 101 23 counties for local purchase of services for persons with 101 24 mental illness or mental retardation or other developmental 101 25 disability. 101 26 b. The funds allocated in this subsection shall be 101 27 expended by counties in accordance with the county's approved 101 28 county management plan. A county without an approved county 101 29 management plan shall not receive allocated funds until the 101 30 county's management plan is approved. 101 31 c. The funds provided by this subsection shall be 101 32 allocated to each county as follows: 101 33 (1) Fifty percent based upon the county's proportion of 101 34 the state's population of persons with an annual income which 101 35 is equal to or less than the poverty guideline established by 102 1 the federal office of management and budget. 102 2 (2) Fifty percent based upon the amount provided to the 102 3 county for local purchase of services in the preceding fiscal 102 4 year. 102 5 5. A county is eligible for funds under this section if 102 6 the county qualifies for a state payment as described in 102 7 section 331.439. 102 8 Sec. 130. PERSONAL ASSISTANCE. There is appropriated from 102 9 the general fund of the state to the department of human 102 10 services for the fiscal year beginning July 1, 2002, and 102 11 ending June 30, 2003, the following amount, or so much thereof 102 12 as is necessary, to be used for the purpose designated: 102 13 For continuation of a pilot project for the personal 102 14 assistance services program in accordance with this section: 102 15 .................................................. $ 157,921 102 16 1. The funds appropriated in this section shall be used to 102 17 continue the pilot project for the personal assistance 102 18 services program under section 225C.46 in an urban and a rural 102 19 area. Not more than 10 percent of the amount appropriated 102 20 shall be used for administrative costs. The pilot project 102 21 shall not be implemented in a manner which would require 102 22 additional county or state costs for assistance provided to an 102 23 individual served under the pilot project. 102 24 2. In accordance with 2001 Iowa Acts, chapter 191, section 102 25 25, subsection 2, new applicants shall not be accepted into 102 26 the pilot project. An individual receiving services under the 102 27 pilot project as of June 30, 2002, shall continue receiving 102 28 services until the individual voluntarily leaves the project 102 29 or until another program with similar services exists. 102 30 Sec. 131. SEXUALLY VIOLENT PREDATORS. There is 102 31 appropriated from the general fund of the state to the 102 32 department of human services for the fiscal year beginning 102 33 July 1, 2002, and ending June 30, 2003, the following amount, 102 34 or so much thereof as is necessary, to be used for the purpose 102 35 designated: 103 1 For costs associated with the commitment and treatment of 103 2 sexually violent predators in the unit located at the state 103 3 mental health institute at Cherokee, including costs of legal 103 4 services and other associated costs, including salaries, 103 5 support, maintenance, and miscellaneous purposes and for not 103 6 more than the following full-time equivalent positions: 103 7 .................................................. $ 3,459,855 103 8 ............................................... FTEs 44.00 103 9 In implementing the relocation of the unit for commitment 103 10 of sexually violent predators from Oakdale to the state mental 103 11 health institute at Cherokee in the fiscal year beginning July 103 12 1, 2002, it is the intent of the general assembly that the 103 13 department of human services complete the renovation of space 103 14 at the institute and the relocation of the unit as 103 15 expeditiously as possible. If requested by the department of 103 16 human services as necessary to complete the renovation of 103 17 space and relocation as expeditiously as possible, 103 18 notwithstanding any provision of law or rule to the contrary, 103 19 the department of general services shall grant a waiver for 103 20 purposes of the renovation project from those requirements in 103 21 administrative rule and policy that would otherwise govern the 103 22 length of time the renovation project components are noticed. 103 23 Sec. 132. FIELD OPERATIONS. There is appropriated from 103 24 the general fund of the state to the department of human 103 25 services for the fiscal year beginning July 1, 2002, and 103 26 ending June 30, 2003, the following amount, or so much thereof 103 27 as is necessary, to be used for the purposes designated: 103 28 1. For field operations, including salaries, support, 103 29 maintenance, and miscellaneous purposes and for not more than 103 30 the following full-time equivalent positions: 103 31 .................................................. $ 51,204,264 103 32 ............................................... FTEs 1,920.00 103 33 Priority in filling full-time equivalent positions shall be 103 34 given to those positions related to child protection services. 103 35 2. In implementing the transition from a regional system 104 1 to the service area system established pursuant to 2001 Iowa 104 2 Acts, Second Extraordinary Session, chapter 4, for the fiscal 104 3 year beginning July 1, 2002, and ending June 30, 2003, the 104 4 department shall utilize the service areas and service area 104 5 administrators in lieu of regions and regional administrators, 104 6 notwithstanding the references to department regions or 104 7 regional administrators in sections 232.2, 232.52, 232.68, 104 8 232.72, 232.102, 232.117, 232.127, 232.143, 232.188, and 104 9 234.35, or other provision in law. The department shall 104 10 submit proposed legislation under section 2.16 for 104 11 consideration by the Eightieth General Assembly, 2003 Session, 104 12 to correct the references in the necessary Code sections. 104 13 Sec. 133. ADDITIONAL FEDERAL FUNDING – FISCAL YEAR 2002- 104 14 2003. 104 15 1. The provisions of this section are applicable for the 104 16 fiscal year beginning July 1, 2002. 104 17 2. It is the intent of the general assembly that the 104 18 director of human services work to secure federal financial 104 19 participation through Titles IV-E and XIX of the federal 104 20 Social Security Act for services and activities that are 104 21 currently funded with state, county, or community moneys. It 104 22 is further intended that the director initially focus on 104 23 securing targeted case management funding under medical 104 24 assistance for state child protection staff and for services 104 25 and activities currently funded with juvenile court services, 104 26 county, or community moneys and state moneys used in 104 27 combination with such moneys. 104 28 3. Additional federal financial participation secured for 104 29 the fiscal year beginning July 1, 2002, and ending June 30, 104 30 2003, is appropriated to the department of human services for 104 31 use as provided in this section. All of the following are 104 32 applicable to the additional federal financial participation 104 33 and efforts made to secure the federal financial 104 34 participation: 104 35 a. The department may pursue federal approval of a state 105 1 plan amendment to use medical assistance funding for targeted 105 2 case management services. The population to be served through 105 3 targeted case management services is children who are at risk 105 4 of maltreatment or who are in need of protective services. The 105 5 funding shall be based on the federal and state moneys 105 6 available under the medical assistance program. For the 105 7 additional federal financial participation received under the 105 8 reimbursement methodology established for the services, a 105 9 distribution plan shall attribute revenue to the cost sources 105 10 upon which the reimbursement rates are based. In addition, of 105 11 the additional federal funds received, a 5 percent set-aside 105 12 shall be used for funding the revenue enhancement activities 105 13 and for service delivery and results improvement efforts. 105 14 b. The director may use part or all of the additional 105 15 federal financial participation received from medical 105 16 assistance claims for child protection staff for full-time 105 17 equivalent state child protection staff positions, including 105 18 child abuse assessment positions, social workers, and support 105 19 positions performing related functions. Positions added in 105 20 accordance with this paragraph "b" are in addition to those 105 21 authorized in the appropriation made in this Act for field 105 22 operations. 105 23 c. The director may also use a portion of the additional 105 24 federal financial participation received from medical 105 25 assistance claims for child protection staff for providing 105 26 grants to communities to support the community partnership 105 27 approach to child protection. Potential grantees may include 105 28 child welfare funding decategorization projects, community 105 29 empowerment area boards, or other community-based entities 105 30 who, in partnership with the local departmental 105 31 administrators, agree to implement the four community 105 32 partnership components. 105 33 4. The department may adopt emergency rules to implement 105 34 the provisions of this section. 105 35 Sec. 134. ADDITIONAL FEDERAL FINANCIAL PARTICIPATION – 106 1 FISCAL 2001-2002 AND FISCAL 2002-2003. The first $10 million 106 2 of federal financial participation received under the section 106 3 of this division of this Act providing for the department of 106 4 human services' efforts to secure additional federal funding 106 5 for FY 2002-2003 through Titles IV-E and XIX of the federal 106 6 Social Security Act or from other efforts by the department of 106 7 human services to draw additional federal financial 106 8 participation associated with funds appropriated for child and 106 9 family services in fiscal years 2001-2002 and 2002-2003 shall 106 10 be used in those two fiscal years to offset reductions in 106 11 federal financial participation for child welfare services due 106 12 to changes in federal regulations or interpretations of 106 13 federal regulations, changes in federal cost allocations or 106 14 federal match provisions, or federal sanctions. The 106 15 department may adopt emergency rules to implement the 106 16 provisions of this section. 106 17 Sec. 135. GENERAL ADMINISTRATION. There is appropriated 106 18 from the general fund of the state to the department of human 106 19 services for the fiscal year beginning July 1, 2002, and 106 20 ending June 30, 2003, the following amount, or so much thereof 106 21 as is necessary, to be used for the purpose designated: 106 22 For general administration, including salaries, support, 106 23 maintenance, and miscellaneous purposes and for not more than 106 24 the following full-time equivalent positions: 106 25 ................................................. $ 11,587,936 106 26 .............................................. FTEs 356.00 106 27 1. Of the funds appropriated in this section, $57,000 is 106 28 allocated for the prevention of disabilities policy council 106 29 established in section 225B.3. 106 30 2. The department shall report to the governor, the 106 31 general assembly, the legislative fiscal bureau, and the 106 32 legislative service bureau, within thirty days of notice from 106 33 the source of payment of the future receipt of any bonus, 106 34 incentive, or other payments received from the federal 106 35 government, court settlement payments, and any other payments 107 1 received by the state that may be used to supplement state 107 2 funds appropriated to the department. 107 3 3. If the department proposes an amendment to a state plan 107 4 for a program that is subject to federal approval and the 107 5 amendment would have an effect on state appropriations, unless 107 6 the amendment is adopted as a rule that has been reviewed and 107 7 approved by the administrative rules review committee, the 107 8 amendment shall not be submitted to the federal government for 107 9 consideration unless the fiscal committee of the legislative 107 10 council has adopted a motion recommending implementation of 107 11 the amendment. 107 12 Sec. 136. VOLUNTEERS. There is appropriated from the 107 13 general fund of the state to the department of human services 107 14 for the fiscal year beginning July 1, 2002, and ending June 107 15 30, 2003, the following amount, or so much thereof as is 107 16 necessary, to be used for the purpose designated: 107 17 For development and coordination of volunteer services: 107 18 .................................................. $ 109,568 107 19 Sec. 137. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 107 20 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 107 21 DEPARTMENT OF HUMAN SERVICES. 107 22 1. a. For the fiscal year beginning July 1, 2002, nursing 107 23 facilities shall be reimbursed as provided in 2002 Iowa Acts, 107 24 House File 2613. Nursing facilities reimbursed under the 107 25 medical assistance program shall submit annual cost reports 107 26 and additional documentation as required by rules adopted by 107 27 the department. 107 28 b. (1) For the fiscal year beginning July 1, 2002, the 107 29 department shall reimburse pharmacy dispensing fees using a 107 30 single rate of $5.17 per prescription or the pharmacy's usual 107 31 and customary fee, whichever is lower. 107 32 (2) The department shall implement a series of prospective 107 33 drug utilization review edits on targeted drugs to facilitate 107 34 the cost effective use of these drugs. The edits shall be 107 35 implemented in a manner that does not change the therapy or 108 1 the therapeutic outcome for the patient. 108 2 (3) The department of human services shall require 108 3 recipients of medical assistance to pay the following 108 4 copayment on each covered drug prescription, including each 108 5 refill as follows: 108 6 (a) A copayment of $1 for each covered generic drug 108 7 prescription. 108 8 (b) A copayment of $1 for each covered brand-name drug 108 9 prescription for which the cost to the state is less than $25. 108 10 (c) A copayment of $2 for each covered brand-name drug 108 11 prescription for which the cost to the state is between $25 108 12 and $50. 108 13 (d) A copayment of $3 for each covered brand-name drug 108 14 prescription for which the cost to the state is over $50. 108 15 c. For the fiscal year beginning July 1, 2002, 108 16 reimbursement rates for inpatient and outpatient hospital 108 17 services shall remain at the rates in effect on June 30, 2002. 108 18 The department shall continue the outpatient hospital 108 19 reimbursement system based upon ambulatory patient groups 108 20 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 108 21 25, subsection 1, paragraph "f". In addition, the department 108 22 shall continue the revised medical assistance payment policy 108 23 implemented pursuant to that paragraph to provide 108 24 reimbursement for costs of screening and treatment provided in 108 25 the hospital emergency room if made pursuant to the 108 26 prospective payment methodology developed by the department 108 27 for the payment of outpatient services provided under the 108 28 medical assistance program. Any rebasing of hospital 108 29 impatient or outpatient rates shall not increase total 108 30 payments for inpatient and outpatient services. 108 31 d. For the fiscal year beginning July 1, 2002, 108 32 reimbursement rates for rural health clinics, hospices, 108 33 independent laboratories, and acute mental hospitals shall be 108 34 increased in accordance with increases under the federal 108 35 Medicare program or as supported by their Medicare audited 109 1 costs. 109 2 e. For the fiscal year beginning July 1, 2002, 109 3 reimbursement rates for home health agencies shall remain at 109 4 the rates in effect on June 30, 2002. 109 5 f. For the fiscal year beginning July 1, 2002, federally 109 6 qualified health centers shall receive cost-based 109 7 reimbursement for 100 percent of the reasonable costs for the 109 8 provision of services to recipients of medical assistance. 109 9 g. Beginning July 1, 2002, the reimbursement rates for 109 10 dental services shall remain at the rates in effect on June 109 11 30, 2002. 109 12 h. Beginning July 1, 2002, the reimbursement rates for 109 13 community mental health centers shall remain at the rates in 109 14 effect on June 30, 2002. 109 15 i. For the fiscal year beginning July 1, 2002, the maximum 109 16 reimbursement rate for psychiatric medical institutions for 109 17 children shall remain at the rate in effect on June 30, 2002, 109 18 based on per day rates for actual costs. 109 19 j. For the fiscal year beginning July 1, 2002, unless 109 20 otherwise specified in this division of this Act, all 109 21 noninstitutional medical assistance provider reimbursement 109 22 rates shall remain at the rates in effect on June 30, 2002, 109 23 except for area education agencies, local education agencies, 109 24 infant and toddler services providers, and those providers 109 25 whose rates are required to be determined pursuant to section 109 26 249A.20. 109 27 k. Notwithstanding section 249A.20, the average 109 28 reimbursement rates for health care providers eligible for use 109 29 of the reimbursement methodology under that section shall 109 30 remain at the rate in effect on June 30, 2002. 109 31 l. In addition to other dental services provided to adults 109 32 under the medical assistance program in accordance with 2002 109 33 Iowa Acts, House File 2245, section 7, subsection 2, for the 109 34 fiscal year beginning July 1, 2002, the following services 109 35 shall be provided: 110 1 (1) Root canal treatments on permanent anterior teeth. 110 2 (2) General anesthesia and intravenous sedation if 110 3 necessitated by the physical or mental disability of the 110 4 patient. 110 5 2. For the fiscal year beginning July 1, 2002, the maximum 110 6 cost reimbursement rate for residential care facilities 110 7 reimbursed by the department shall not be less than $25.92 per 110 8 day for the time period of July 1, 2002, through December 31, 110 9 2002, and shall not be less than $26.20 per day for the time 110 10 period of January 1, 2003, through June 30, 2003. The flat 110 11 reimbursement rate for facilities electing not to file 110 12 semiannual cost reports shall not be less than $18.52 per day 110 13 for the time period of July 1, 2002, through December 31, 110 14 2002, and shall not be less than $18.72 per day for the time 110 15 period of January 1, 2003, through June 30, 2003. 110 16 3. For the fiscal year beginning July 1, 2002, the maximum 110 17 reimbursement rate for providers reimbursed under the in-home 110 18 health-related care program shall not be less than $498.29 per 110 19 month for the time period of July 1, 2002, through December 110 20 31, 2002, and shall not be less than $503.67 per month for the 110 21 time period of January 1, 2003, through June 30, 2003. 110 22 4. Unless otherwise directed in this section, when the 110 23 department's reimbursement methodology for any provider 110 24 reimbursed in accordance with this section includes an 110 25 inflation factor, this factor shall not exceed the amount by 110 26 which the consumer price index for all urban consumers 110 27 increased during the calendar year ending December 31, 2001. 110 28 5. Notwithstanding section 234.38, in the fiscal year 110 29 beginning July 1, 2002, the foster family basic daily 110 30 maintenance rate and the maximum adoption subsidy rate for 110 31 children ages 0 through 5 years shall be $14.28, the rate for 110 32 children ages 6 through 11 years shall be $15.07, the rate for 110 33 children ages 12 through 15 years shall be $16.83, and the 110 34 rate for children ages 16 and older shall be $16.83. 110 35 6. For the fiscal year beginning July 1, 2002, the maximum 111 1 reimbursement rates for social service providers shall remain 111 2 at the rates in effect on June 30, 2002. However, the rates 111 3 may be adjusted under any of the following circumstances: 111 4 a. If a new service was added after June 30, 2002, the 111 5 initial reimbursement rate for the service shall be based upon 111 6 actual and allowable costs. 111 7 b. If a social service provider loses a source of income 111 8 used to determine the reimbursement rate for the provider, the 111 9 provider's reimbursement rate may be adjusted to reflect the 111 10 loss of income, provided that the lost income was used to 111 11 support actual and allowable costs of a service purchased 111 12 under a purchase of service contract. 111 13 7. The group foster care reimbursement rates paid for 111 14 placement of children out-of-state shall be calculated 111 15 according to the same rate-setting principles as those used 111 16 for in-state providers unless the director or the director's 111 17 designee determines that appropriate care cannot be provided 111 18 within the state. The payment of the daily rate shall be 111 19 based on the number of days in the calendar month in which 111 20 service is provided. 111 21 8. For the fiscal year beginning July 1, 2002, the 111 22 reimbursement rates for rehabilitative treatment and support 111 23 services providers shall remain at the rates in effect on June 111 24 30, 2002. 111 25 9. For the fiscal year beginning July 1, 2002, the 111 26 combined service and maintenance components of the 111 27 reimbursement rate paid to a shelter care provider shall be 111 28 based on the cost report submitted to the department. The 111 29 maximum reimbursement rate shall be $83.69 per day. The 111 30 department shall reimburse a shelter care provider at the 111 31 provider's actual and allowable unit cost, plus inflation, not 111 32 to exceed the maximum reimbursement rate. 111 33 10. For the fiscal year beginning July 1, 2002, the 111 34 department shall calculate reimbursement rates for 111 35 intermediate care facilities for persons with mental 112 1 retardation at the 80th percentile. 112 2 11. For the fiscal year beginning July 1, 2002, for child 112 3 care providers, the department shall set provider 112 4 reimbursement rates based on the rate reimbursement survey 112 5 completed in December 1998. The department shall set rates in 112 6 a manner so as to provide incentives for a nonregistered 112 7 provider to become registered. 112 8 12. For the fiscal year beginning July 1, 2002, 112 9 reimbursements for providers reimbursed by the department of 112 10 human services may be modified if appropriated funding is 112 11 allocated for that purpose from the senior living trust fund 112 12 created in section 249H.4, or as specified in appropriations 112 13 from the healthy Iowans tobacco trust created in section 112 14 12.65. 112 15 13. The department may adopt emergency rules to implement 112 16 this section. 112 17 Sec. 138. HEALTH CARE FACILITY – EXCEPTION. 112 18 Notwithstanding any provision of chapter 135, division VI, to 112 19 the contrary and notwithstanding current applicable life 112 20 safety code and physical plant requirements, a health care 112 21 facility located in Dows, Iowa, that was operating prior to 112 22 May 1, 2002, and that terminated operation prior to May 31, 112 23 2002, that previously completed the certificate of need 112 24 process and that was previously licensed by the state, shall 112 25 not be subject to a subsequent certificate of need process and 112 26 shall not be subject to current life safety code requirements 112 27 or current physical plant requirements in order to be issued a 112 28 conditional license, if the successor health care facility 112 29 becomes operational on or before July 1, 2004. 112 30 Sec. 139. TRANSFER AUTHORITY. Subject to the provisions 112 31 of section 8.39, for the fiscal year beginning July 1, 2002, 112 32 if necessary to meet federal maintenance of effort 112 33 requirements or to transfer federal temporary assistance for 112 34 needy families block grant funding to be used for purposes of 112 35 the federal social services block grant or to meet cash flow 113 1 needs resulting from delays in receiving federal funding or to 113 2 implement, in accordance with this division of this Act, 113 3 targeted case management for child protection and for 113 4 activities currently funded with juvenile court services, 113 5 county, or community moneys and state moneys used in 113 6 combination with such moneys, the department of human services 113 7 may transfer within or between any of the appropriations made 113 8 in this division of this Act and appropriations in law for the 113 9 federal social services block grant to the department for the 113 10 following purposes, provided that the combined amount of state 113 11 and federal temporary assistance for needy families block 113 12 grant funding for each appropriation remains the same before 113 13 and after the transfer: 113 14 1. For the family investment program. 113 15 2. For emergency assistance. 113 16 3. For child care assistance. 113 17 4. For child and family services. 113 18 5. For field operations. 113 19 6. For general administration. 113 20 7. MH/MR/DD/BI community services (local purchase). 113 21 This section shall not be construed to prohibit existing 113 22 state transfer authority for other purposes. 113 23 Sec. 140. FRAUD AND RECOUPMENT ACTIVITIES. During the 113 24 fiscal year beginning July 1, 2002, notwithstanding the 113 25 restrictions in section 239B.14, recovered moneys generated 113 26 through fraud and recoupment activities are appropriated to 113 27 the department of human services to be used for additional 113 28 fraud and recoupment activities performed by the department of 113 29 human services or the department of inspections and appeals, 113 30 and the department of human services may add not more than 113 31 five full-time equivalent positions, in addition to those 113 32 funded in this division of this Act, subject to both of the 113 33 following conditions: 113 34 1. The director of human services determines that the 113 35 investment can reasonably be expected to increase recovery of 114 1 assistance paid in error, due to fraudulent or nonfraudulent 114 2 actions, in excess of the amount recovered in the fiscal year 114 3 beginning July 1, 1997. 114 4 2. The amount expended for the additional fraud and 114 5 recoupment activities shall not exceed the amount of the 114 6 projected increase in assistance recovered. 114 7 Sec. 141. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN 114 8 – FY 2001-2002. It is the intent of the general assembly 114 9 that the department evaluate the documentation provisions 114 10 implemented in fiscal year 2001-2002 for medical assistance 114 11 claiming of targeted case management services for children who 114 12 are at risk of maltreatment or who are in need of protective 114 13 services. The purpose of the evaluation is for the department 114 14 to ease the administrative burden on department staff by 114 15 limiting the documentation requirement to those children known 114 16 to be eligible or implementing other appropriate measures. 114 17 Sec. 142. NEW SECTION. 249A.20A NURSING FACILITIES – 114 18 DUAL CERTIFICATION REQUIRED. 114 19 Beginning October 1, 2002, all licensed nursing facilities 114 20 shall be certified under both the federal Medicare program and 114 21 the medical assistance program as a condition for 114 22 participation in the medical assistance program. The 114 23 department shall, in consultation with nursing facility 114 24 provider organizations, adopt rules to establish criteria for 114 25 individual exceptions to the dual certification requirement 114 26 under this section. 114 27 Sec. 143. Section 252B.4, subsection 1, Code 2001, is 114 28 amended to read as follows: 114 29 1. The director shall require an application fee offive114 30 twenty-five dollars. 114 31 Sec. 144. 2001 Iowa Acts, chapter 176, section 1, is 114 32 amended to read as follows: 114 33 SECTION 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 114 34 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 114 35 AND ALLOCATIONS. There is appropriated from the general fund 115 1 of the state to the department of human services for the 115 2 fiscal year beginning July 1, 2002, and ending June 30, 2003, 115 3 the following amount, or so much thereof as is necessary, to 115 4 be used for the purpose designated: 115 5 For distribution to counties of the county mental health, 115 6 mental retardation, and developmental disabilities allowed 115 7 growth factor adjustment, as provided in this section in lieu 115 8 of the provisions of section 331.438, subsection 2, and 115 9 section 331.439, subsection 3, and chapter 426B: 115 10 .................................................. $14,874,702115 11 14,181,000 115 12 The funding appropriated in this section is the allowed 115 13 growth factor adjustment for fiscal year 2002-2003, and is 115 14 allocated for distribution as provided by law. 115 15 Sec. 145. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 115 16 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR 115 17 ADJUSTMENT AND ALLOCATIONS – DISTRIBUTION FOR FY 2002-2003. 115 18 1. For the fiscal year beginning July 1, 2002, the moneys 115 19 appropriated in 2001 Acts, chapter 176, section 1, as amended 115 20 by this division of this Act, for distribution to counties of 115 21 the county mental health, mental retardation, and 115 22 developmental disabilities allowed growth factor adjustment, 115 23 shall be distributed as provided in this section in lieu of 115 24 the provisions of section 331.438, subsection 2, and section 115 25 331.439, subsection 3, and chapter 426B, as follows: 115 26 a. The first $500,000 shall be credited to the risk pool 115 27 created in the property tax relief fund and shall be 115 28 distributed pursuant to section 426B.5, subsection 2. 115 29 b. The remaining $13,681,000 shall be distributed as 115 30 provided in this section. 115 31 2. The following formula amounts shall be utilized only to 115 32 calculate preliminary distribution amounts for fiscal year 115 33 2002-2003 under this section by applying the indicated formula 115 34 provisions to the formula amounts and producing a preliminary 115 35 distribution total for each county: 116 1 a. For calculation of an allowed growth factor adjustment 116 2 amount for each county in accordance with the formula in 116 3 section 331.438, subsection 2, paragraph "b": 116 4 .................................................. $ 12,000,000 116 5 b. For calculation of a distribution amount for eligible 116 6 counties from the per capita expenditure target pool created 116 7 in the property tax relief fund in accordance with the 116 8 requirements in section 426B.5, subsection 1: 116 9 .................................................. $ 14,492,712 116 10 c. For calculation of a distribution amount for counties 116 11 from the mental health and developmental disabilities (MH/DD) 116 12 community services fund in accordance with the formula 116 13 provided in this division of this Act: 116 14 .................................................. $ 17,727,890 116 15 3. Notwithstanding any contrary provisions of sections 116 16 225C.7, 331.438, subsection 2, 331.439, subsection 3, and 116 17 426B.5, the moneys allocated for distribution in subsection 1, 116 18 paragraph "b", and in any other Act of the Seventy-ninth 116 19 General Assembly, 2002 Session, for distribution to counties 116 20 in the fiscal year beginning July 1, 2002, for purposes of the 116 21 mental health and developmental disabilities (MH/DD) community 116 22 services fund under section 225C.7, and for the allowed growth 116 23 factor adjustment for services paid under a county's section 116 24 331.424A mental health, mental retardation, and developmental 116 25 disabilities services fund and as calculated under subsection 116 26 2 to produce preliminary distribution amounts for counties 116 27 shall be subject to withholding as provided in this section. 116 28 4. After applying the applicable statutory distribution 116 29 formulas to the amounts indicated in subsection 2 for purposes 116 30 of formula calculations to produce preliminary distribution 116 31 totals, the department of human services shall apply a 116 32 withholding factor to adjust an eligible individual county's 116 33 preliminary distribution total. An ending balance percentage 116 34 for each county shall be determined by expressing the county's 116 35 ending balance on a modified accrual basis under generally 117 1 accepted accounting principles for the fiscal year beginning 117 2 July 1, 2001, in the county's mental health, mental 117 3 retardation, and developmental disabilities services fund 117 4 created under section 331.424A, as a percentage of the 117 5 county's gross expenditures from that fund for that fiscal 117 6 year. The withholding factor for a county shall be the 117 7 following applicable percent: 117 8 a. For an ending balance percentage of less than 10 117 9 percent, a withholding factor of 0 percent. 117 10 b. For an ending balance percentage of 10 through 24 117 11 percent, a withholding factor of 48.1 percent. 117 12 c. For an ending balance percentage of 25 through 34 117 13 percent, a withholding factor of 60 percent. 117 14 d. For an ending balance percentage of 35 through 44 117 15 percent, a withholding factor of 85 percent. 117 16 e. For an ending balance percentage of 45 percent or more, 117 17 a withholding factor of 100 percent. 117 18 5. The total withholding amounts applied pursuant to 117 19 subsection 4 shall be equal to a withholding target amount of 117 20 $12,811,712 and the appropriation made in this division of 117 21 this Act for the MH/DD community services fund and the 117 22 appropriation made in 2001 Iowa Acts, chapter 176, section 1, 117 23 as amended by this division of this Act shall be reduced by 117 24 the amount necessary to attain the withholding target amount. 117 25 If the department of human services determines that the amount 117 26 to be withheld in accordance with subsection 4 is not equal to 117 27 the target withholding amount, the department shall adjust the 117 28 withholding factors listed in subsection 4 as necessary to 117 29 achieve the withholding target amount. However, in making 117 30 such adjustments to the withholding factors, the department 117 31 shall strive to minimize changes to the withholding factors 117 32 for those ending balance percentage ranges that are lower than 117 33 others and shall not adjust the zero withholding factor 117 34 specified in subsection 4, paragraph "a". 117 35 6. In order to be eligible for a funding distribution 118 1 under this section, a county must levy at least 70 percent of 118 2 the maximum allowed for the county's services fund under 118 3 section 331.424A for taxes due and payable in the fiscal year 118 4 beginning July 1, 2002, and comply with the December 1, 2002, 118 5 filing deadline for the county annual financial report in 118 6 accordance with section 331.403. The amount that would 118 7 otherwise be available for distribution to a county that fails 118 8 to so comply shall be proportionately distributed among the 118 9 eligible counties. 118 10 7. The department of human services shall authorize the 118 11 issuance of warrants payable to the county treasurer for the 118 12 distribution amounts due the counties eligible under this 118 13 section and notwithstanding prior practice for the MH/DD 118 14 community services fund, the warrants shall be issued in 118 15 January 2003. 118 16 Sec. 146. EMERGENCY RULES. If specifically authorized by 118 17 a provision of this division of this Act, the department of 118 18 human services or the mental health and developmental 118 19 disabilities commission may adopt administrative rules under 118 20 section 17A.4, subsection 2, and section 17A.5, subsection 2, 118 21 paragraph "b", to implement the provisions and the rules shall 118 22 become effective immediately upon filing or on a later 118 23 effective date specified in the rules, unless the effective 118 24 date is delayed by the administrative rules review committee. 118 25 Any rules adopted in accordance with this section shall not 118 26 take effect before the rules are reviewed by the 118 27 administrative rules review committee. The delay authority 118 28 provided to the administrative rules review committee under 118 29 section 17A.4, subsection 5, and section 17A.8, subsection 9, 118 30 shall be applicable to a delay imposed under this section, 118 31 notwithstanding a provision in those sections making them 118 32 inapplicable to section 17A.5, subsection 2, paragraph "b". 118 33 Any rules adopted in accordance with the provisions of this 118 34 section shall also be published as notice of intended action 118 35 as provided in section 17A.4. 119 1 Sec. 147. REPORTS. 119 2 1. Any reports or information required to be compiled and 119 3 submitted under this division of this Act shall be submitted 119 4 to the chairpersons and ranking members of the joint 119 5 appropriations subcommittee on human services, the legislative 119 6 fiscal bureau, the legislative service bureau, and to the 119 7 legislative caucus staffs on or before the dates specified for 119 8 submission of the reports or information. 119 9 2. In order to reduce mailing and paper processing costs, 119 10 the department shall provide, to the extent feasible, reports, 119 11 notices, minutes, and other documents by electronic means to 119 12 those persons who have the capacity to access the documents in 119 13 that manner. 119 14 Sec. 148. LAW INAPPLICABLE FOR FISCAL YEAR 2002-2003. 119 15 1. The following provisions in Code or rule shall be 119 16 suspended for the period beginning July 1, 2002, and ending 119 17 June 30, 2003: 119 18 a. The requirements of section 239B.2A, relating to school 119 19 attendance by children participating in the family investment 119 20 program. 119 21 b. For a case permanency plan, as defined in section 119 22 232.2, the requirement for a six-month case permanency plan 119 23 review for an intact family. In addition, the department of 119 24 human services may implement a shortened case permanency plan 119 25 format tailored to meet compliance issues. 119 26 c. The requirements of section 225C.42, relating to an 119 27 annual evaluation of the family support subsidy program. 119 28 2. The department may adopt emergency rules to implement 119 29 the provisions of this section. 119 30 Sec. 149. MEDICAL ASSISTANCE PROGRAM – REPAYMENT OF 119 31 SENIOR LIVING TRUST FUND FOR FY 2001-2002. If moneys 119 32 appropriated for the medical assistance program for the fiscal 119 33 year beginning July 1, 2001, and ending June 30, 2002, from 119 34 the general fund of the state, the tobacco settlement trust 119 35 fund, the healthy Iowans tobacco trust fund, the senior living 120 1 trust fund, and the hospital trust fund are in excess of 120 2 actual expenditures for the medical assistance program and 120 3 remain available at the close of the fiscal year, the excess 120 4 moneys in an amount not to exceed the amount appropriated from 120 5 the senior living trust fund for the medical assistance 120 6 program for the fiscal year beginning July 1, 2001, which have 120 7 not otherwise been repaid, shall be transferred to the senior 120 8 living trust fund created in section 249H.4. 120 9 Sec. 150. MEDICAL ASSISTANCE PROGRAM – REPAYMENT OF 120 10 SENIOR LIVING TRUST FUND FOR FY 2002-2003. If moneys 120 11 appropriated for the medical assistance program for the fiscal 120 12 year beginning July 1, 2002, and ending June 30, 2003, from 120 13 the general fund of the state, the tobacco settlement trust 120 14 fund, the healthy Iowans tobacco trust fund, the senior living 120 15 trust fund, and the hospital trust fund are in excess of 120 16 actual expenditures for the medical assistance program and 120 17 remain available at the close of the fiscal year, the excess 120 18 moneys, not to exceed the amount appropriated from the senior 120 19 living trust fund for the medical assistance program for the 120 20 fiscal years beginning July 1, 2001, and July 1, 2002, which 120 21 have not otherwise been repaid, shall be transferred to the 120 22 senior living trust fund created in section 249H.4. 120 23 Sec. 151. EFFECTIVE DATES. 120 24 1. Except as otherwise provided in subsection 2, this 120 25 division of this Act takes effect July 1, 2002. 120 26 2. The following provisions of this division of this Act, 120 27 being deemed of immediate importance, take effect upon 120 28 enactment: 120 29 a. The provision under the appropriation for child and 120 30 family services, relating to requirements of section 232.143 120 31 for representatives of the department of human services and 120 32 juvenile court services to establish a plan for continuing 120 33 group foster care expenditures for the 2002-2003 fiscal year. 120 34 b. The provision under the appropriation for child and 120 35 family services, relating to the state court administrator 121 1 determining allocation of court-ordered services funding by 121 2 June 15, 2002. 121 3 c. The provision relating to the evaluation of 121 4 documentation for targeted case management services for 121 5 children in fiscal year 2001-2002. 121 6 d. The provision relating to obtaining additional federal 121 7 financial participation for fiscal year 2001-2002 and fiscal 121 8 year 2002-2003. 121 9 e. The provision relating to repayment of the senior 121 10 living trust fund for fiscal year 2001-2002. 121 11 f. The provision enacting new section 249A.20A relating to 121 12 dual certification of nursing facilities. 121 13 DIVISION VII 121 14 JUSTICE SYSTEM 121 15 Sec. 152. DEPARTMENT OF JUSTICE. There is appropriated 121 16 from the general fund of the state to the department of 121 17 justice for the fiscal year beginning July 1, 2002, and ending 121 18 June 30, 2003, the following amounts, or so much thereof as is 121 19 necessary, to be used for the purposes designated: 121 20 1. For the general office of attorney general for 121 21 salaries, support, maintenance, miscellaneous purposes 121 22 including prosecuting attorney training program, victim 121 23 assistance grants, office of drug control policy (ODCP) 121 24 prosecuting attorney program, legal services for persons in 121 25 poverty grants as provided in section 13.34, odometer fraud 121 26 enforcement, and for not more than the following full-time 121 27 equivalent positions: 121 28 .................................................. $ 7,340,260 121 29 ............................................... FTEs 210.48 121 30 2. In addition to the funds appropriated in subsection 1, 121 31 there is appropriated from the general fund of the state to 121 32 the department of justice for the fiscal year beginning July 121 33 1, 2002, and ending June 30, 2003, an amount not exceeding 121 34 $200,000 to be used for the enforcement of the Iowa 121 35 competition law. The funds appropriated in this subsection 122 1 are contingent upon receipt by the general fund of the state 122 2 of an amount at least equal to the expenditure amount from 122 3 either damages awarded to the state or a political subdivision 122 4 of the state by a civil judgment under chapter 553, if the 122 5 judgment authorizes the use of the award for enforcement 122 6 purposes or costs or attorneys fees awarded the state in state 122 7 or federal antitrust actions. However, if the amounts 122 8 received as a result of these judgments are in excess of 122 9 $200,000, the excess amounts shall not be appropriated to the 122 10 department of justice pursuant to this subsection. 122 11 3. In addition to the funds appropriated in subsection 1, 122 12 there is appropriated from the general fund of the state to 122 13 the department of justice for the fiscal year beginning July 122 14 1, 2002, and ending June 30, 2003, an amount not exceeding 122 15 $1,125,000 to be used for public education relating to 122 16 consumer fraud and for enforcement of section 714.16, and an 122 17 amount not exceeding $75,000 for investigation, prosecution, 122 18 and consumer education relating to consumer and criminal fraud 122 19 against older Iowans. The funds appropriated in this 122 20 subsection are contingent upon receipt by the general fund of 122 21 the state of an amount at least equal to the expenditure 122 22 amount from damages awarded to the state or a political 122 23 subdivision of the state by a civil consumer fraud judgment or 122 24 settlement, if the judgment or settlement authorizes the use 122 25 of the award for public education on consumer fraud. However, 122 26 if the funds received as a result of these judgments and 122 27 settlements are in excess of $1,200,000, the excess funds 122 28 shall not be appropriated to the department of justice 122 29 pursuant to this subsection. 122 30 4. a. The funds used for victim assistance grants shall 122 31 be used to provide grants to care providers providing services 122 32 to crime victims of domestic abuse or to crime victims of rape 122 33 and sexual assault. 122 34 b. The balance of the victim compensation fund established 122 35 in section 915.94 may be used to provide salary and support of 123 1 not more than 22.0 FTEs and to provide maintenance for the 123 2 victim compensation functions of the department of justice. 123 3 5. The department of justice shall submit monthly 123 4 financial statements to the legislative fiscal bureau and the 123 5 department of management containing all appropriated accounts 123 6 in the same manner as provided in the monthly financial status 123 7 reports and personal services usage reports of the department 123 8 of revenue and finance. The monthly financial statements 123 9 shall include comparisons of the moneys and percentage spent 123 10 of budgeted to actual revenues and expenditures on a 123 11 cumulative basis for full-time equivalent positions and 123 12 available moneys. 123 13 6. a. The department of justice, in submitting budget 123 14 estimates for the fiscal year commencing July 1, 2003, 123 15 pursuant to section 8.23, shall include a report of funding 123 16 from sources other than amounts appropriated directly from the 123 17 general fund of the state to the department of justice or to 123 18 the office of consumer advocate. These funding sources shall 123 19 include, but are not limited to, reimbursements from other 123 20 state agencies, commissions, boards, or similar entities, and 123 21 reimbursements from special funds or internal accounts within 123 22 the department of justice. The department of justice shall 123 23 report actual reimbursements for the fiscal year commencing 123 24 July 1, 2001, and actual and expected reimbursements for the 123 25 fiscal year commencing July 1, 2002. 123 26 b. The department of justice shall include the report 123 27 required under paragraph "a", as well as information regarding 123 28 any revisions occurring as a result of reimbursements actually 123 29 received or expected at a later date, in a report to the co- 123 30 chairpersons and ranking members of the joint appropriations 123 31 subcommittee on the justice system and the legislative fiscal 123 32 bureau. The department of justice shall submit the report on 123 33 or before January 15, 2003. 123 34 7. As a condition for accepting a grant for legal services 123 35 for persons in poverty funded pursuant to section 13.34, an 124 1 organization receiving a grant shall submit a report to the 124 2 general assembly by January 1, 2003, concerning the use of any 124 3 grants received during the previous fiscal year and efforts 124 4 made by the organization to find alternative sources of 124 5 revenue to replace any reductions in federal funding for the 124 6 organization. 124 7 Sec. 153. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 124 8 INVESTIGATION AND PROSECUTION – FUNDING. There is 124 9 appropriated from the environmental crime fund of the 124 10 department of justice, consisting of court-ordered fines and 124 11 penalties awarded to the department arising out of the 124 12 prosecution of environmental crimes, to the department of 124 13 justice for the fiscal year beginning July 1, 2002, and ending 124 14 June 30, 2003, an amount not exceeding $20,000 to be used by 124 15 the department, at the discretion of the attorney general, for 124 16 the investigation and prosecution of environmental crimes, 124 17 including the reimbursement of expenses incurred by county, 124 18 municipal, and other local governmental agencies cooperating 124 19 with the department in the investigation and prosecution of 124 20 environmental crimes. 124 21 The funds appropriated in this section are contingent upon 124 22 receipt by the environmental crime fund of the department of 124 23 justice of an amount at least equal to the appropriations made 124 24 in this section and received from contributions, court-ordered 124 25 restitution as part of judgments in criminal cases, and 124 26 consent decrees entered into as part of civil or regulatory 124 27 enforcement actions. However, if the funds received during 124 28 the fiscal year are in excess of $20,000, the excess funds 124 29 shall be deposited in the general fund of the state. 124 30 Notwithstanding section 8.33, moneys appropriated in this 124 31 section that remain unexpended or unobligated at the close of 124 32 the fiscal year shall not revert but shall remain available 124 33 for expenditure for the purpose designated until the close of 124 34 the succeeding fiscal year. 124 35 Sec. 154. OFFICE OF CONSUMER ADVOCATE. There is 125 1 appropriated from the general fund of the state to the office 125 2 of consumer advocate of the department of justice for the 125 3 fiscal year beginning July 1, 2002, and ending June 30, 2003, 125 4 the following amount, or so much thereof as is necessary, to 125 5 be used for the purposes designated: 125 6 For salaries, support, maintenance, miscellaneous purposes, 125 7 and for not more than the following full-time equivalent 125 8 positions: 125 9 .................................................. $ 2,443,903 125 10 ............................................... FTEs 33.00 125 11 Sec. 155. DEPARTMENT OF CORRECTIONS – FACILITIES. There 125 12 is appropriated from the general fund of the state to the 125 13 department of corrections for the fiscal year beginning July 125 14 1, 2002, and ending June 30, 2003, the following amounts, or 125 15 so much thereof as is necessary, to be used for the purposes 125 16 designated: 125 17 1. For the operation of adult correctional institutions, 125 18 reimbursement of counties for certain confinement costs, and 125 19 federal prison reimbursement, to be allocated as follows: 125 20 a. For the operation of the Fort Madison correctional 125 21 facility, including salaries, support, maintenance, employment 125 22 of correctional officers, miscellaneous purposes, and for not 125 23 more than the following full-time equivalent positions: 125 24 .................................................. $ 32,168,605 125 25 ............................................... FTEs 543.69 125 26 It is the intent of the general assembly to operate a 125 27 special needs unit at the Fort Madison correctional facility 125 28 at a capacity of 200 beds when funding constraints are 125 29 eliminated. 125 30 b. For the operation of the Anamosa correctional facility, 125 31 including salaries, support, maintenance, employment of 125 32 correctional officers and a part-time chaplain to provide 125 33 religious counseling to inmates of a minority race, 125 34 miscellaneous purposes, and for not more than the following 125 35 full-time equivalent positions: 126 1 .................................................. $ 23,786,629 126 2 ............................................... FTEs 379.75 126 3 Moneys are provided within this appropriation for one full- 126 4 time substance abuse counselor for the Luster Heights 126 5 facility, for the purpose of certification of a substance 126 6 abuse program at that facility. 126 7 c. For the operation of the Oakdale correctional facility, 126 8 including salaries, support, maintenance, employment of 126 9 correctional officers, miscellaneous purposes, and for not 126 10 more than the following full-time equivalent positions: 126 11 .................................................. $ 21,497,363 126 12 ............................................... FTEs 328.50 126 13 d. For the operation of the Newton correctional facility, 126 14 including salaries, support, maintenance, employment of 126 15 correctional officers, miscellaneous purposes, and for not 126 16 more than the following full-time equivalent positions: 126 17 .................................................. $ 22,538,275 126 18 ............................................... FTEs 371.25 126 19 e. For the operation of the Mt. Pleasant correctional 126 20 facility, including salaries, support, maintenance, employment 126 21 of correctional officers and a full-time chaplain to provide 126 22 religious counseling at the Oakdale and Mt. Pleasant 126 23 correctional facilities, miscellaneous purposes, and for not 126 24 more than the following full-time equivalent positions: 126 25 .................................................. $ 21,161,133 126 26 ............................................... FTEs 330.56 126 27 f. For the operation of the Rockwell City correctional 126 28 facility, including salaries, support, maintenance, employment 126 29 of correctional officers, miscellaneous purposes, and for not 126 30 more than the following full-time equivalent positions: 126 31 .................................................. $ 7,268,049 126 32 ............................................... FTEs 110.00 126 33 g. For the operation of the Clarinda correctional 126 34 facility, including salaries, support, maintenance, employment 126 35 of correctional officers, miscellaneous purposes, and for not 127 1 more than the following full-time equivalent positions: 127 2 .................................................. $ 18,326,306 127 3 ............................................... FTEs 291.76 127 4 Moneys received by the department of corrections as 127 5 reimbursement for services provided to the Clarinda youth 127 6 corporation are appropriated to the department and shall be 127 7 used for the purpose of operating the Clarinda correctional 127 8 facility. 127 9 h. For the operation of the Mitchellville correctional 127 10 facility, including salaries, support, maintenance, employment 127 11 of correctional officers, miscellaneous purposes, and for not 127 12 more than the following full-time equivalent positions: 127 13 .................................................. $ 12,024,416 127 14 ............................................... FTEs 215.50 127 15 i. For the operation of the Fort Dodge correctional 127 16 facility, including salaries, support, maintenance, employment 127 17 of correctional officers, miscellaneous purposes, and for not 127 18 more than the following full-time equivalent positions: 127 19 .................................................. $ 24,379,674 127 20 ............................................... FTEs 395.00 127 21 j. For reimbursement of counties for temporary confinement 127 22 of work release and parole violators, as provided in sections 127 23 901.7, 904.908, and 906.17 and for offenders confined pursuant 127 24 to section 904.513: 127 25 .................................................. $ 674,954 127 26 k. For federal prison reimbursement, reimbursements for 127 27 out-of-state placements, and miscellaneous contracts: 127 28 .................................................. $ 241,293 127 29 The department of corrections shall use funds appropriated 127 30 in this subsection to continue to contract for the services of 127 31 a Muslim imam. 127 32 2. a. If the inmate tort claim fund for inmate claims of 127 33 less than $100 is exhausted during the fiscal year, sufficient 127 34 funds shall be transferred from the institutional budgets to 127 35 pay approved tort claims for the balance of the fiscal year. 128 1 The warden or superintendent of each institution or 128 2 correctional facility shall designate an employee to receive, 128 3 investigate, and recommend whether to pay any properly filed 128 4 inmate tort claim for less than the above amount. The 128 5 designee's recommendation shall be approved or denied by the 128 6 warden or superintendent and forwarded to the department of 128 7 corrections for final approval and payment. The amounts 128 8 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 128 9 234, section 304, subsection 2, are not subject to reversion 128 10 under section 8.33. 128 11 b. Tort claims denied at the institution shall be 128 12 forwarded to the state appeal board for their consideration as 128 13 if originally filed with that body. This procedure shall be 128 14 used in lieu of chapter 669 for inmate tort claims of less 128 15 than $100. 128 16 3. It is the intent of the general assembly that the 128 17 department of corrections shall timely fill correctional 128 18 positions authorized for correctional facilities pursuant to 128 19 this section. 128 20 Sec. 156. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 128 21 There is appropriated from the general fund of the state to 128 22 the department of corrections for the fiscal year beginning 128 23 July 1, 2002, and ending June 30, 2003, the following amounts, 128 24 or so much thereof as is necessary, to be used for the 128 25 purposes designated: 128 26 1. For general administration, including salaries, 128 27 support, maintenance, employment of an education director and 128 28 clerk to administer a centralized education program for the 128 29 correctional system, miscellaneous purposes, and for not more 128 30 than the following full-time equivalent positions: 128 31 .................................................. $ 2,666,224 128 32 ............................................... FTEs 42.18 128 33 Notwithstanding section 904.108, for the fiscal year 128 34 beginning July 1, 2002, and ending June 30, 2003, the 128 35 correctional training center need not be maintained at the 129 1 Mount Pleasant correctional facility. 129 2 a. The department shall monitor the use of the 129 3 classification model by the judicial district departments of 129 4 correctional services and has the authority to override a 129 5 district department's decision regarding classification of 129 6 community-based clients. The department shall notify a 129 7 district department of the reasons for the override. 129 8 b. It is the intent of the general assembly that as a 129 9 condition of receiving the appropriation provided in this 129 10 subsection, the department of corrections shall not, except as 129 11 otherwise provided in paragraph "c", enter into a new 129 12 contract, unless the contract is a renewal of an existing 129 13 contract, for the expenditure of moneys in excess of $100,000 129 14 during the fiscal year beginning July 1, 2002, for the 129 15 privatization of services performed by the department using 129 16 state employees as of July 1, 2002, or for the privatization 129 17 of new services by the department, without prior consultation 129 18 with any applicable state employee organization affected by 129 19 the proposed new contract and prior notification of the 129 20 cochairpersons and ranking members of the joint appropriations 129 21 subcommittee on the justice system. 129 22 c. It is the intent of the general assembly that each 129 23 lease negotiated by the department of corrections with a 129 24 private corporation for the purpose of providing private 129 25 industry employment of inmates in a correctional institution 129 26 shall prohibit the private corporation from utilizing inmate 129 27 labor for partisan political purposes for any person seeking 129 28 election to public office in this state and that a violation 129 29 of this requirement shall result in a termination of the lease 129 30 agreement. 129 31 d. It is the intent of the general assembly that as a 129 32 condition of receiving the appropriation provided in this 129 33 subsection, the department of corrections shall not enter into 129 34 a lease or contractual agreement pursuant to section 904.809 129 35 with a private corporation for the use of building space for 130 1 the purpose of providing inmate employment without providing 130 2 that the terms of the lease or contract establish safeguards 130 3 to restrict, to the greatest extent feasible, access by 130 4 inmates working for the private corporation to personal 130 5 identifying information of citizens. 130 6 e. It is the intent of the general assembly that as a 130 7 condition of receiving the appropriation provided in this 130 8 subsection, the department of corrections shall not enter into 130 9 any new agreement with a private for-profit agency or 130 10 corporation for the purpose of transferring inmates under the 130 11 custody of the department to a jail or correctional facility 130 12 or institution in this state which is established, maintained, 130 13 or operated by a private for-profit agency or corporation 130 14 without prior approval by the general assembly. 130 15 2. For educational programs for inmates at state penal 130 16 institutions: 130 17 .................................................. $ 100,000 130 18 It is the intent of the general assembly that moneys 130 19 appropriated in this subsection shall be used solely for the 130 20 purpose indicated and that the moneys shall not be transferred 130 21 for any other purpose. In addition, it is the intent of the 130 22 general assembly that the department shall consult with the 130 23 community colleges in the areas in which the institutions are 130 24 located to utilize moneys appropriated in this subsection to 130 25 fund the high school completion, high school equivalency 130 26 diploma, adult literacy, and adult basic education programs in 130 27 a manner so as to maintain these programs at the institutions. 130 28 To maximize the funding for educational programs, the 130 29 department shall establish guidelines and procedures to 130 30 prioritize the availability of educational and vocational 130 31 training for inmates based upon the goal of facilitating an 130 32 inmate's successful release from the correctional institution. 130 33 The director of the department of corrections may transfer 130 34 moneys from Iowa prison industries for use in educational 130 35 programs for inmates. 131 1 Notwithstanding section 8.33, moneys appropriated in this 131 2 subsection that remain unobligated or unexpended at the close 131 3 of the fiscal year shall not revert but shall remain available 131 4 for expenditure only for the purpose designated in this 131 5 subsection until the close of the succeeding fiscal year. 131 6 3. For the development of the Iowa corrections offender 131 7 network (ICON) data system: 131 8 .................................................. $ 427,700 131 9 4. The department of corrections shall submit a report to 131 10 the cochairpersons and ranking members of the joint 131 11 appropriations subcommittee on the justice system and the 131 12 legislative fiscal bureau, on or before January 15, 2003, 131 13 concerning the development and implementation of the Iowa 131 14 corrections offender network (ICON) data system. The report 131 15 shall include a description of the system and functions, a 131 16 plan for implementation of the system, including a timeline, 131 17 resource and staffing requirements for the system, and a 131 18 current status and progress report concerning the 131 19 implementation of the system. In addition, the report shall 131 20 specifically address the ability of the system to receive and 131 21 transmit data between prisons, community-based corrections 131 22 district departments, the judicial branch, board of parole, 131 23 the criminal and juvenile justice planning division of the 131 24 department of human rights, the department of public safety, 131 25 and other applicable governmental agencies. The report should 131 26 include a detailed discussion of the cooperation with other 131 27 state agencies and the judicial branch in the development and 131 28 implementation of the system. 131 29 5. It is the intent of the general assembly that the 131 30 department of corrections shall continue to operate the 131 31 correctional farms under the control of the department at the 131 32 same or greater level of participation and involvement as 131 33 existed as of January 1, 2002, shall not enter into any rental 131 34 agreement or contract concerning any farmland under the 131 35 control of the department that is not subject to a rental 132 1 agreement or contract as of January 1, 2002, without prior 132 2 legislative approval, and shall further attempt to provide job 132 3 opportunities at the farms for inmates. The department shall 132 4 attempt to provide job opportunities at the farms for inmates 132 5 by encouraging labor-intensive farming or gardening where 132 6 appropriate, using inmates to grow produce and meat for 132 7 institutional consumption, researching the possibility of 132 8 instituting food canning and cook-and-chill operations, and 132 9 exploring opportunities for organic farming and gardening, 132 10 livestock ventures, horticulture, and specialized crops. 132 11 6. The department of corrections shall submit a report to 132 12 the general assembly by January 1, 2003, concerning moneys 132 13 recouped from inmate earnings for the reimbursement of 132 14 operational expenses of the applicable facility during the 132 15 fiscal year beginning July 1, 2001, for each correctional 132 16 institution and judicial district department of correctional 132 17 services. In addition, each correctional institution and 132 18 judicial district department of correctional services shall 132 19 continue to submit a report to the legislative fiscal bureau 132 20 on a monthly basis concerning moneys recouped from inmate 132 21 earnings pursuant to sections 904.702, 904.809, and 905.14. 132 22 Sec. 157. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 132 23 SERVICES. 132 24 1. There is appropriated from the general fund of the 132 25 state to the department of corrections for the fiscal year 132 26 beginning July 1, 2002, and ending June 30, 2003, the 132 27 following amounts, or so much thereof as is necessary, to be 132 28 allocated as follows: 132 29 a. For the first judicial district department of 132 30 correctional services, including the treatment and supervision 132 31 of probation and parole violators who have been released from 132 32 the department of corrections violator program, the following 132 33 amount, or so much thereof as is necessary: 132 34 .................................................. $ 8,953,795 132 35 b. For the second judicial district department of 133 1 correctional services, including the treatment and supervision 133 2 of probation and parole violators who have been released from 133 3 the department of corrections violator program, the following 133 4 amount, or so much thereof as is necessary: 133 5 .................................................. $ 6,992,061 133 6 c. For the third judicial district department of 133 7 correctional services, including the treatment and supervision 133 8 of probation and parole violators who have been released from 133 9 the department of corrections violator program, the following 133 10 amount, or so much thereof as is necessary: 133 11 .................................................. $ 4,073,638 133 12 d. For the fourth judicial district department of 133 13 correctional services, including the treatment and supervision 133 14 of probation and parole violators who have been released from 133 15 the department of corrections violator program, the following 133 16 amount, or so much thereof as is necessary: 133 17 .................................................. $ 3,854,236 133 18 e. For the fifth judicial district department of 133 19 correctional services, including the treatment and supervision 133 20 of probation and parole violators who have been released from 133 21 the department of corrections violator program, the following 133 22 amount, or so much thereof as is necessary: 133 23 .................................................. $ 11,702,787 133 24 f. For the sixth judicial district department of 133 25 correctional services, including the treatment and supervision 133 26 of probation and parole violators who have been released from 133 27 the department of corrections violator program, the following 133 28 amount, or so much thereof as is necessary: 133 29 .................................................. $ 8,965,564 133 30 g. For the seventh judicial district department of 133 31 correctional services, including the treatment and supervision 133 32 of probation and parole violators who have been released from 133 33 the department of corrections violator program, the following 133 34 amount, or so much thereof as is necessary: 133 35 .................................................. $ 5,125,593 134 1 h. For the eighth judicial district department of 134 2 correctional services, including the treatment and supervision 134 3 of probation and parole violators who have been released from 134 4 the department of corrections violator program, the following 134 5 amount, or so much thereof as is necessary: 134 6 .................................................. $ 5,097,521 134 7 2. Each judicial district department of correctional 134 8 services shall continue programs and plans established within 134 9 that district to provide for intensive supervision, sex 134 10 offender treatment, diversion of low-risk offenders to the 134 11 least restrictive sanction available, job development, and 134 12 expanded use of intermediate criminal sanctions. 134 13 3. The department of corrections shall continue to 134 14 contract with a judicial district department of correctional 134 15 services to provide for the rental of electronic monitoring 134 16 equipment which shall be available statewide. 134 17 4. Each judicial district department of correctional 134 18 services and the department of corrections shall continue the 134 19 treatment alternatives to street crime programs established in 134 20 1989 Iowa Acts, chapter 225, section 9. 134 21 5. The governor's office of drug control policy shall 134 22 consider federal grants made to the department of corrections 134 23 for the benefit of each of the eight judicial district 134 24 departments of correctional services as local government 134 25 grants, as defined pursuant to federal regulations. 134 26 6. The department of corrections and the eight judicial 134 27 district departments of correctional services shall submit a 134 28 combined comprehensive report on the violator program and the 134 29 violator aftercare program to the cochairpersons and ranking 134 30 members of the joint appropriations subcommittee on the 134 31 justice system and to the legislative fiscal bureau by 134 32 December 1, 2002. 134 33 7. In addition to the requirements of section 8.39, the 134 34 department of corrections shall not make an intradepartmental 134 35 transfer of moneys appropriated to the department, unless 135 1 notice of the intradepartmental transfer is given prior to its 135 2 effective date to the legislative fiscal bureau. The notice 135 3 shall include information on the department's rationale for 135 4 making the transfer and details concerning the work load and 135 5 performance measures upon which the transfers are based. 135 6 8. The department of corrections and the eight judicial 135 7 district departments of correctional services shall submit a 135 8 combined comprehensive report on the use of intermediate 135 9 criminal sanctions program pursuant to chapter 901B to the 135 10 cochairpersons and ranking members of the joint appropriations 135 11 subcommittee on the justice system, and to the legislative 135 12 fiscal bureau by January 15, 2003. The report shall include a 135 13 description of the program at each intermediate sanction level 135 14 or sublevel of the corrections continuum within each district 135 15 plan, and the number of offenders placed at each intermediate 135 16 sanction level or sublevel in each district for the previous 135 17 fiscal year, and the current fiscal year as of March 1. The 135 18 report shall also include the personal characteristics of each 135 19 offender, including the offender's race, gender, and age, and 135 20 the offender's placement on the corrections continuum. The 135 21 number of FTEs working in positions related to the corrections 135 22 continuum shall also be included in the report. 135 23 9. The department of corrections in cooperation with the 135 24 second, third, fourth, and fifth judicial district departments 135 25 of correctional services, shall implement procedures to 135 26 provide continuing evaluation of the drug courts. The 135 27 evaluation shall include a description of the two models 135 28 currently being used by the judicial districts, a description 135 29 of the program, criteria for admission, program capacity, 135 30 number of offenders in the program by offense class, program 135 31 expenditures, and quantitative outcome measures including 135 32 successful completion and recidivism rates. 135 33 Sec. 158. CORRECTIONAL INSTITUTIONS – VOCATIONAL 135 34 TRAINING. 135 35 1. The state prison industries board and the department of 136 1 corrections shall continue the implementation of a plan to 136 2 enhance vocational training opportunities within the 136 3 correctional institutions listed in section 904.102, as 136 4 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 136 5 shall provide for increased vocational training opportunities 136 6 within the correctional institutions, including the 136 7 possibility of approving community college credit for inmates 136 8 working in prison industries. The department of corrections 136 9 shall provide a report concerning the implementation of the 136 10 plan to the cochairpersons and ranking members of the joint 136 11 appropriations subcommittee on the justice system and the 136 12 legislative fiscal bureau, on or before January 15, 2003. 136 13 2. It is the intent of the general assembly that each 136 14 correctional facility make all reasonable efforts to maintain 136 15 vocational education programs for inmates and to identify 136 16 available funding sources to continue these programs. The 136 17 department of corrections shall submit a report to the general 136 18 assembly by January 1, 2003, concerning the efforts made by 136 19 each correctional facility in maintaining vocational education 136 20 programs for inmates. 136 21 3. The department of corrections shall submit a report on 136 22 inmate labor to the general assembly, the cochairpersons, and 136 23 the ranking members of the joint appropriations subcommittee 136 24 on the justice system, and to the legislative fiscal bureau by 136 25 January 15, 2003. The report shall specifically address the 136 26 progress the department has made in implementing the 136 27 requirements of section 904.701, inmate labor on capital 136 28 improvement projects, community work crews, and private-sector 136 29 employment. 136 30 4. Each month the department shall provide a status report 136 31 regarding private-sector employment to the legislative fiscal 136 32 bureau beginning on July 1, 2002. The report shall include 136 33 the number of offenders employed in the private sector, the 136 34 combined number of hours worked by the offenders, and the 136 35 total amount of allowances, and the distribution of allowances 137 1 pursuant to section 904.702, including any moneys deposited in 137 2 the general fund of the state. 137 3 Sec. 159. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 137 4 1. As used in this section, unless the context otherwise 137 5 requires, "state agency" means the government of the state of 137 6 Iowa, including but not limited to all executive branch 137 7 departments, agencies, boards, bureaus, and commissions, the 137 8 judicial branch, the general assembly and all legislative 137 9 agencies, institutions within the purview of the state board 137 10 of regents, and any corporation whose primary function is to 137 11 act as an instrumentality of the state. 137 12 2. State agencies are hereby encouraged to purchase 137 13 products from Iowa state industries, as defined in section 137 14 904.802, when purchases are required and the products are 137 15 available from Iowa state industries. 137 16 3. State agencies shall submit to the legislative fiscal 137 17 bureau by January 15, 2003, a report of the dollar value of 137 18 products and services purchased from Iowa state industries by 137 19 the state agency during the fiscal year beginning July 1, 137 20 2001, and ending June 30, 2002. 137 21 Sec. 160. STATE PUBLIC DEFENDER. There is appropriated 137 22 from the general fund of the state to the office of the state 137 23 public defender of the department of inspections and appeals 137 24 for the fiscal year beginning July 1, 2002, and ending June 137 25 30, 2003, the following amount, or so much thereof as is 137 26 necessary, for the purposes designated: 137 27 .................................................. $ 33,908,325 137 28 The funds appropriated and full-time equivalent positions 137 29 authorized in this section are allocated as follows: 137 30 1. For salaries, support, maintenance, and miscellaneous 137 31 purposes, and for not more than the following full-time 137 32 equivalent positions: 137 33 .................................................. $ 15,770,739 137 34 ............................................... FTEs 202.00 137 35 2. For the fees of court-appointed attorneys for indigent 138 1 adults and juveniles, in accordance with section 232.141 and 138 2 chapter 815: 138 3 .................................................. $ 18,137,586 138 4 Sec. 161. IOWA LAW ENFORCEMENT ACADEMY. There is 138 5 appropriated from the general fund of the state to the Iowa 138 6 law enforcement academy for the fiscal year beginning July 1, 138 7 2002, and ending June 30, 2003, the following amount, or so 138 8 much thereof as is necessary, to be used for the purposes 138 9 designated: 138 10 1. For salaries, support, maintenance, miscellaneous 138 11 purposes, including jailer training and technical assistance, 138 12 and for not more than the following full-time equivalent 138 13 positions: 138 14 .................................................. $ 1,000,000 138 15 ............................................... FTEs 29.05 138 16 It is the intent of the general assembly that the Iowa law 138 17 enforcement academy may provide training of state and local 138 18 law enforcement personnel concerning the recognition of and 138 19 response to persons with Alzheimer's disease. 138 20 2. The Iowa law enforcement academy may select at least 138 21 five automobiles of the department of public safety, division 138 22 of the Iowa state patrol, prior to turning over the 138 23 automobiles to the state fleet administrator to be disposed of 138 24 by public auction and the Iowa law enforcement academy may 138 25 exchange any automobile owned by the academy for each 138 26 automobile selected if the selected automobile is used in 138 27 training law enforcement officers at the academy. However, 138 28 any automobile exchanged by the academy shall be substituted 138 29 for the selected vehicle of the department of public safety 138 30 and sold by public auction with the receipts being deposited 138 31 in the depreciation fund to the credit of the department of 138 32 public safety, division of the Iowa state patrol. 138 33 Sec. 162. BOARD OF PAROLE. There is appropriated from the 138 34 general fund of the state to the board of parole for the 138 35 fiscal year beginning July 1, 2002, and ending June 30, 2003, 139 1 the following amount, or so much thereof as is necessary, to 139 2 be used for the purposes designated: 139 3 For salaries, support, maintenance, miscellaneous purposes, 139 4 and for not more than the following full-time equivalent 139 5 positions: 139 6 .................................................. $ 986,636 139 7 ............................................... FTEs 16.00 139 8 Sec. 163. DEPARTMENT OF PUBLIC DEFENSE. There is 139 9 appropriated from the general fund of the state to the 139 10 department of public defense for the fiscal year beginning 139 11 July 1, 2002, and ending June 30, 2003, the following amounts, 139 12 or so much thereof as is necessary, to be used for the 139 13 purposes designated: 139 14 1. MILITARY DIVISION 139 15 For salaries, support, maintenance, miscellaneous purposes, 139 16 and for not more than the following full-time equivalent 139 17 positions: 139 18 ................................................. $ 5,115,428 139 19 .............................................. FTEs 285.89 139 20 If there is a surplus in the general fund of the state for 139 21 the fiscal year ending June 30, 2003, within 60 days after the 139 22 close of the fiscal year, the military division may incur up 139 23 to an additional $500,000 in expenditures from the surplus 139 24 prior to transfer of the surplus pursuant to section 8.57. 139 25 2. EMERGENCY MANAGEMENT DIVISION 139 26 For salaries, support, maintenance, miscellaneous purposes, 139 27 and for not more than the following full-time equivalent 139 28 positions: 139 29 .................................................. $ 1,077,354 139 30 ............................................... FTEs 25.25 139 31 Sec. 164. IOWA COMMUNICATIONS NETWORK OPERATIONS. 139 32 1. There is appropriated from the general fund of the 139 33 state to the Iowa telecommunications and technology commission 139 34 for the fiscal year beginning July 1, 2002, and ending June 139 35 30, 2003, the following amount, or so much thereof as is 140 1 necessary, to be used for the purposes designated in this 140 2 subsection: 140 3 For operations of the network consistent with chapter 8D 140 4 and for the following full-time equivalent positions: 140 5 .................................................. $ 1,027,503 140 6 ............................................... FTEs 105.00 140 7 2. Notwithstanding section 8.33 or 8.39, moneys 140 8 appropriated in this section which remain unobligated or 140 9 unexpended at the close of the fiscal year shall not revert 140 10 but shall remain available for the purposes designated in the 140 11 succeeding fiscal year, and shall not be transferred to any 140 12 other program. 140 13 3. It is the intent of the general assembly that the Iowa 140 14 telecommunications and technology commission annually review 140 15 the hourly rates established, as provided in section 8D.3, 140 16 subsection 3, paragraph "i". Such rates shall be established 140 17 in a manner to minimize any subsidy provided through state 140 18 general fund appropriations. 140 19 Sec. 165. DEPARTMENT OF PUBLIC SAFETY. There is 140 20 appropriated from the general fund of the state to the 140 21 department of public safety for the fiscal year beginning July 140 22 1, 2002, and ending June 30, 2003, the following amounts, or 140 23 so much thereof as is necessary, to be used for the purposes 140 24 designated: 140 25 1. For the department's administrative functions, 140 26 including the criminal justice information system, and for not 140 27 more than the following full-time equivalent positions: 140 28 .................................................. $ 2,379,176 140 29 ............................................... FTEs 38.50 140 30 2. For the division of criminal investigation and bureau 140 31 of identification including the state's contribution to the 140 32 peace officers' retirement, accident, and disability system 140 33 provided in chapter 97A in the amount of 17 percent of the 140 34 salaries for which the funds are appropriated, to meet federal 140 35 fund matching requirements, and for not more than the 141 1 following full-time equivalent positions: 141 2 .................................................. $ 12,050,565 141 3 ............................................... FTEs 231.50 141 4 Riverboat enforcement costs shall be billed in accordance 141 5 with section 99F.10, subsection 4, and section 99F.10A. The 141 6 costs shall be not more than the department's estimated 141 7 expenditures, including salary adjustment, for riverboat 141 8 enforcement for the fiscal year. The costs billed to the 141 9 riverboats shall not be more than $1,280,000 in excess of the 141 10 amount billed to the riverboats in the fiscal year beginning 141 11 July 1, 2001. Racetrack enforcement costs shall be billed in 141 12 accordance with section 99D.14, subsection 7, and section 141 13 99D.14A. The costs shall be not more than the department's 141 14 estimated expenditures, including salary adjustment, for 141 15 racetrack enforcement for the fiscal year. The costs billed 141 16 to the racetracks shall not be more than $420,000 in excess of 141 17 the amount billed to the racetracks in the fiscal year 141 18 beginning July 1, 2001. 141 19 The department of public safety, with the approval of the 141 20 department of management, may employ no more than two special 141 21 agents and four gaming enforcement officers for each 141 22 additional riverboat regulated after July 1, 2002, and one 141 23 special agent for each racing facility which becomes 141 24 operational during the fiscal year which begins July 1, 2002. 141 25 One additional gaming enforcement officer, up to a total of 141 26 four per boat, may be employed for each riverboat that has 141 27 extended operations to 24 hours and has not previously 141 28 operated with a 24-hour schedule. Positions authorized in 141 29 this paragraph are in addition to the full-time equivalent 141 30 positions otherwise authorized in this subsection. 141 31 3. a. For the division of narcotics enforcement, 141 32 including the state's contribution to the peace officers' 141 33 retirement, accident, and disability system provided in 141 34 chapter 97A in the amount of 17 percent of the salaries for 141 35 which the funds are appropriated, to meet federal fund 142 1 matching requirements, and for not more than the following 142 2 full-time equivalent positions: 142 3 .................................................. $ 3,392,889 142 4 ............................................... FTEs 58.00 142 5 b. For the division of narcotics enforcement for 142 6 undercover purchases: 142 7 .................................................. $ 123,343 142 8 4. a. For the state fire marshal's office, including the 142 9 state's contribution to the peace officers' retirement, 142 10 accident, and disability system provided in chapter 97A in the 142 11 amount of 17 percent of the salaries for which the funds are 142 12 appropriated, and for not more than the following full-time 142 13 equivalent positions: 142 14 .................................................. $ 1,777,630 142 15 ................................................ FTEs 38.80 142 16 b. For the state fire marshal's office, for fire 142 17 protection services as provided through the state fire service 142 18 and emergency response council as created in the department, 142 19 and for not more than the following full-time equivalent 142 20 positions: 142 21 .................................................. $ 572,150 142 22 ............................................... FTEs 12.00 142 23 5. a. For the division of the Iowa state patrol of the 142 24 department of public safety, for salaries, support, 142 25 maintenance, workers' compensation costs, and miscellaneous 142 26 purposes, including the state's contribution to the peace 142 27 officers' retirement, accident, and disability system provided 142 28 in chapter 97A in the amount of 17 percent of the salaries for 142 29 which the funds are appropriated, and for not more than the 142 30 following full-time equivalent positions: 142 31 .................................................. $ 37,019,624 142 32 ............................................... FTEs 545.00 142 33 b. District 16, including the state's contribution to the 142 34 peace officers' retirement, accident, and disability system 142 35 provided in chapter 97A in the amount of 17 percent of the 143 1 salaries for which the funds are appropriated and for not more 143 2 than the following full-time equivalent positions: 143 3 .................................................. $ 1,240,381 143 4 ............................................... FTEs 26.00 143 5 6. For deposit in the public safety law enforcement sick 143 6 leave benefits fund established under section 80.42, for all 143 7 departmental employees eligible to receive benefits for 143 8 accrued sick leave under the collective bargaining agreement: 143 9 .................................................. $ 272,421 143 10 7. An employee of the department of public safety who 143 11 retires after July 1, 2002, but prior to June 30, 2003, is 143 12 eligible for payment of life or health insurance premiums as 143 13 provided for in the collective bargaining agreement covering 143 14 the public safety bargaining unit at the time of retirement if 143 15 that employee previously served in a position which would have 143 16 been covered by the agreement. The employee shall be given 143 17 credit for the service in that prior position as though it 143 18 were covered by that agreement. The provisions of this 143 19 subsection shall not operate to reduce any retirement benefits 143 20 an employee may have earned under other collective bargaining 143 21 agreements or retirement programs. 143 22 8. For costs associated with the training and equipment 143 23 needs of volunteer fire fighters and for not more than the 143 24 following full-time equivalent position: 143 25 .................................................. $ 544,826 143 26 ............................................... FTEs 1.00 143 27 Notwithstanding section 8.33, moneys appropriated in this 143 28 subsection that remain unobligated or unexpended at the close 143 29 of the fiscal year shall not revert but shall remain available 143 30 for expenditure only for the purpose designated in this 143 31 subsection until the close of the succeeding fiscal year. 143 32 Sec. 166. POSTING OF REPORTS IN ELECTRONIC FORMAT – 143 33 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 143 34 required to be provided to the legislative fiscal bureau in 143 35 this division for the fiscal year beginning July 1, 2002, 144 1 shall be provided in an electronic format. The legislative 144 2 fiscal bureau shall post the reports on its internet site and 144 3 shall notify by electronic means all the members of the joint 144 4 appropriations subcommittee on the justice system when a 144 5 report is posted. Upon request, copies of the reports may be 144 6 mailed to members of the joint appropriations subcommittee on 144 7 the justice system. 144 8 Sec. 167. NEW SECTION. 99D.14A PAYMENT OF THE DIVISION 144 9 OF CRIMINAL INVESTIGATION COSTS. 144 10 A licensee shall pay a fee in an amount representing twenty 144 11 percent of the salary costs of the division of criminal 144 12 investigation of the department of public safety plus any 144 13 amount over thirty thousand dollars in direct and indirect 144 14 support costs, in addition to that assessed under section 144 15 99D.14, subsection 7, for enforcement of this chapter. The 144 16 fees assessed in this section shall be deposited in the 144 17 general fund of the state. 144 18 Sec. 168. Section 99F.4A, subsection 8, Code 2001, is 144 19 amended to read as follows: 144 20 8. A licensee shall pay a fee in an amount representing 144 21eightyone hundred percent of the salary and other related 144 22 costs of the division of criminal investigation of the 144 23 department of public safety for enforcement of this chapter. 144 24 Sec. 169. NEW SECTION. 99F.10A PAYMENT OF THE DIVISION 144 25 OF CRIMINAL INVESTIGATION COSTS. 144 26 A licensee shall pay twenty percent of the division's 144 27 salary costs for special agents and twenty percent of the 144 28 division's salary costs for gaming enforcement plus any amount 144 29 over one hundred twenty-five thousand dollars in direct and 144 30 indirect support costs, in addition to that assessed under 144 31 section 99F.10, subsection 4. The costs assessed in this 144 32 section shall be deposited in the general fund of the state. 144 33 Sec. 170. 1998 Iowa Acts, chapter 1101, section 15, 144 34 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 144 35 section 25, as amended by 2000 Iowa Acts, chapter 1229, 145 1 section 25, and as amended by 2001 Iowa Acts, chapter 186, 145 2 section 21, is amended to read as follows: 145 3 2. a. There is appropriated from surcharge moneys 145 4 received by the E911 administrator and deposited into the 145 5 wireless E911 emergency communications fund, for each fiscal 145 6 year in the fiscal period beginning July 1, 1998, and ending 145 7 June 30,20022003, an amount not to exceed two hundred 145 8 thousand dollars to be used for the implementation, support, 145 9 and maintenance of the functions of the E911 administrator. 145 10 The amount appropriated in this paragraph includes any amounts 145 11 necessary to reimburse the division of emergency management of 145 12 the department of public defense pursuant to paragraph "b". 145 13 b. Notwithstanding the distribution formula in section 145 14 34A.7A, as enacted in this Act, and prior to any such 145 15 distribution, of the initial surcharge moneys received by the 145 16 E911 administrator and deposited into the wireless E911 145 17 emergency communications fund, for each fiscal year in the 145 18 fiscal period beginning July 1, 1998, and ending June 30,2002145 19 2003, an amount is appropriated to the division of emergency 145 20 management of the department of public defense as necessary to 145 21 reimburse the division for amounts expended for the 145 22 implementation, support, and maintenance of the E911 145 23 administrator, including the E911 administrator's salary. 145 24 Sec. 171. 2001 Iowa Acts, chapter 186, section 6, 145 25 subsection 6, is amended by striking the subsection. 145 26 Sec. 172. EFFECTIVE DATES. 145 27 1. Except as otherwise provided by this section, this 145 28 division of this Act takes effect July 1, 2002. 145 29 2. The section of this division of this Act striking 2001 145 30 Iowa Acts, chapter 186, section 6, subsection 6, being deemed 145 31 of immediate importance, takes effect upon enactment. 145 32 3. The section of this Act amending 1998 Iowa Acts, 145 33 chapter 1101, section 15, as amended, being deemed of 145 34 immediate importance, takes effect upon enactment. 145 35 DIVISION VIII 146 1 JUDICIAL BRANCH 146 2 Sec. 173. JUDICIAL BRANCH. There is appropriated from the 146 3 general fund of the state to the judicial branch for the 146 4 fiscal year beginning July 1, 2002, and ending June 30, 2003, 146 5 the following amount, or so much thereof as is necessary, to 146 6 be used for the purposes designated: 146 7 For salaries of supreme court justices, appellate court 146 8 judges, district court judges, district associate judges, 146 9 judicial magistrates and staff, state court administrator, 146 10 clerk of the supreme court, district court administrators, 146 11 clerks of the district court, juvenile court officers, board 146 12 of law examiners and board of examiners of shorthand reporters 146 13 and judicial qualifications commission, receipt and 146 14 disbursement of child support payments, reimbursement of the 146 15 auditor of state for expenses incurred in completing audits of 146 16 the offices of the clerks of the district court during the 146 17 fiscal year beginning July 1, 2002, and maintenance, 146 18 equipment, and miscellaneous purposes: 146 19 .................................................. $111,356,002 146 20 1. The judicial branch, except for purposes of internal 146 21 processing, shall use the current state budget system, the 146 22 state payroll system, and the Iowa finance and accounting 146 23 system in administration of programs and payments for 146 24 services, and shall not duplicate the state payroll, 146 25 accounting, and budgeting systems. 146 26 2. The judicial branch shall submit monthly financial 146 27 statements to the legislative fiscal bureau and the department 146 28 of management containing all appropriated accounts in the same 146 29 manner as provided in the monthly financial status reports and 146 30 personal services usage reports of the department of revenue 146 31 and finance. The monthly financial statements shall include a 146 32 comparison of the dollars and percentage spent of budgeted 146 33 versus actual revenues and expenditures on a cumulative basis 146 34 for full-time equivalent positions and dollars. 146 35 3. The judicial branch shall continue to assist in the 147 1 development and implementation of a justice data warehouse 147 2 which shall include in the Iowa court information system, 147 3 starting with appointments of counsel made on or after July 1, 147 4 1999, the means to identify any case where the court has 147 5 determined indigence, and whether the case is handled by a 147 6 public defender or other court-appointed counsel. 147 7 4. Of the funds appropriated in this section, not more 147 8 than $1,897,728 may be transferred into the revolving fund 147 9 established pursuant to section 602.1302, subsection 3, to be 147 10 used for the payment of jury and witness fees and mileage. 147 11 5. The judicial branch shall focus efforts upon the 147 12 collection of delinquent fines, penalties, court costs, fees, 147 13 surcharges, or similar amounts. 147 14 6. It is the intent of the general assembly that the 147 15 offices of the clerks of the district court operate in all 147 16 ninety-nine counties and be accessible to the public as much 147 17 as is reasonably possible in order to address the relative 147 18 needs of the citizens of each county. 147 19 7. In addition to the requirements for transfers under 147 20 section 8.39, the judicial branch shall not change the 147 21 appropriations from the amounts appropriated to the branch in 147 22 this Act, unless notice of the revisions is given prior to 147 23 their effective date to the legislative fiscal bureau. The 147 24 notice shall include information on the branch's rationale for 147 25 making the changes and details concerning the work load and 147 26 performance measures upon which the changes are based. 147 27 8. The judicial branch shall provide to the legislative 147 28 fiscal bureau by January 15, 2003, an annual report concerning 147 29 the operation and use of the Iowa court information system and 147 30 any recommendations to improve the utilization of the system. 147 31 The annual report shall include information specifying the 147 32 amounts of fines, surcharges, and court costs collected using 147 33 the system and how the system is used to improve the 147 34 collection process. In addition, the judicial branch shall 147 35 submit a semiannual update to the legislative fiscal bureau 148 1 specifying the amounts of fines, surcharges, and court costs 148 2 collected using the Iowa court information system since the 148 3 last report. The judicial branch shall continue to facilitate 148 4 the sharing of vital sentencing and other information with 148 5 other state departments and governmental agencies involved in 148 6 the criminal justice system through the Iowa court information 148 7 system. 148 8 9. The judicial branch shall provide a report to the 148 9 general assembly by January 1, 2003, concerning the amounts 148 10 received and expended from the enhanced court collections fund 148 11 created in section 602.1304 and the court technology and 148 12 modernization fund created in section 602.8108, subsection 5, 148 13 during the fiscal year beginning July 1, 2001, and ending June 148 14 30, 2002, and the plans for expenditures from each fund during 148 15 the fiscal year beginning July 1, 2002, and ending June 30, 148 16 2003. A copy of the report shall be provided to the 148 17 legislative fiscal bureau. 148 18 10. The judicial branch shall continue to provide criminal 148 19 justice data to the department of corrections for use by the 148 20 Iowa corrections offender network (ICON) data system. 148 21 Sec. 174. JUDICIAL RETIREMENT FUND. There is appropriated 148 22 from the general fund of the state to the judicial retirement 148 23 fund for the fiscal year beginning July 1, 2002, and ending 148 24 June 30, 2003, the following amount, or so much thereof as is 148 25 necessary, to be used for the purpose designated: 148 26 Notwithstanding section 602.9104, for the state's 148 27 contribution to the judicial retirement fund in the amount of 148 28 9.9 percent of the basic salaries of the judges covered under 148 29 chapter 602, article 9: 148 30 .................................................. $ 2,039,664 148 31 Sec. 175. POSTING OF REPORTS IN ELECTRONIC FORMAT – 148 32 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 148 33 required to be provided by the judicial branch for fiscal year 148 34 2002-2003 to the legislative fiscal bureau shall be provided 148 35 in an electronic format. The legislative fiscal bureau shall 149 1 post the reports on its internet site and shall notify by 149 2 electronic means all the members of the joint appropriations 149 3 subcommittee on the justice system when a report is posted. 149 4 Upon request, copies of the reports may be mailed to members 149 5 of the joint appropriations subcommittee on the justice 149 6 system. 149 7 Sec. 176. CLERK OF COURT – STUDY COMMITTEE. The supreme 149 8 court shall establish a study committee for the purpose of 149 9 providing findings and recommendations to the court in order 149 10 for the court to submit a report to the general assembly by 149 11 December 15, 2002, regarding the efficient operation and 149 12 management of the clerks of courts offices in every county of 149 13 the state. The study committee shall include representatives 149 14 of key court stakeholder groups including but not limited to, 149 15 members of the general public, legislators, county and city 149 16 officials, court employees, clerks of court, judges, and 149 17 attorneys representing both urban and rural areas of the 149 18 state. The court shall include interested associations and 149 19 public agencies who request the opportunity to have input into 149 20 the work of the study committee. The committee shall issue a 149 21 report to the court which includes the committee's findings 149 22 and recommendations of how to improve the operation and 149 23 management of clerk of court offices under the present 149 24 statutory framework of one clerk of court office per county. 149 25 The supreme court shall submit its report to the general 149 26 assembly after consideration of the study committee's findings 149 27 and recommendations. 149 28 Sec. 177. APPOINTMENT OF CLERK OF COURT. Up until such 149 29 time the supreme court submits its clerk of court study 149 30 committee report to the general assembly and notwithstanding 149 31 section 602.1215, the appointment of a clerk of the district 149 32 court shall not occur unless the state court administrator 149 33 approves the appointment. 149 34 Sec. 178. EFFECTIVE DATE. This division of this Act takes 149 35 effect July 1, 2002. 150 1 DIVISION IX 150 2 STANDING APPROPRIATIONS – REDUCTIONS 150 3 Sec. 179. 2002 Iowa Acts, Senate File 2326, section 168, 150 4 is amended to read as follows: 150 5 SEC. 168. GENERAL ASSEMBLY. The appropriations made 150 6 pursuant to section 2.12 for the expenses of the general 150 7 assembly and legislative agencies for the fiscal year 150 8 beginning July 1, 2002, and ending June 30, 2003, are reduced 150 9 by the following amount: 150 10 .................................................. $744,947150 11 1,828,845 150 12 Sec. 180. 2002 Iowa Acts, Senate File 2326, section 169, 150 13 is amended to read as follows: 150 14 SEC. 169. STATE APPEAL BOARD CLAIMS. Notwithstanding the 150 15 standing appropriations in section 25.2, subsection 3, the 150 16 amount appropriated from the general fund of the state under 150 17 section 25.2, subsection 3, to the state appeal board to pay 150 18 claims against the state for the fiscal year beginning July 1, 150 19 2002, and ending June 30, 2003, is reduced by the following 150 20 amount: 150 21 .................................................. $2,500,000150 22 3,000,000 150 23 STANDING APPROPRIATIONS – LIMITATIONS 150 24 Sec. 181. 2002 Iowa Acts, Senate File 2326, section 175, 150 25 subsections 6, 7, 9, 10, and 11, are amended to read as 150 26 follows: 150 27 6. For the personal property tax replacement program under 150 28 section 405A.8: 150 29 .................................................. $52,251,176150 30 51,101,650 150 31 7. For the payment of franchise tax allocations to cities 150 32 and counties under section 405A.10: 150 33 .................................................. $8,168,952150 34 7,989,235 150 35 9. For payment of livestock production credit refunds 151 1 under section 422.121: 151 2 .................................................. $1,856,580151 3 1,815,735 151 4 10. For reimbursement for the homestead property tax 151 5 credit under section 425.1: 151 6 .................................................. $107,960,127151 7 105,585,004 151 8 11. For reimbursement for the agricultural land and family 151 9 farm tax credits under section 426.1: 151 10 .................................................. $36,296,139151 11 35,497,624 151 12 Sec. 182. 2002 Iowa Acts, Senate File 2326, section 176, 151 13 is amended to read as follows: 151 14 SEC. 176. ELDERLY AND DISABLED CREDIT. Notwithstanding 151 15 the standing appropriation in section 425.39, the amount 151 16 appropriated from the general fund of the state under section 151 17 425.39, for the fiscal year beginning July 1, 2002, and ending 151 18 June 30, 2003, for purposes of implementing the elderly and 151 19 disabled credit and reimbursement portion of the extraordinary 151 20 property tax and reimbursement division of chapter 425, shall 151 21 not exceed $16,152,24615,796,897. The director shall pay, in 151 22 full, all claims to be paid during the fiscal year beginning 151 23 July 1, 2002, for reimbursement of rent constituting property 151 24 taxes paid. If the amount of claims for credit for property 151 25 taxes due to be paid during the fiscal year beginning July 1, 151 26 2002, exceeds the amount remaining after payment to renters, 151 27 the director of revenue and finance shall prorate the payments 151 28 to the counties for the property tax credit. In order for the 151 29 director to carry out the requirements of this section, 151 30 notwithstanding any provision to the contrary in sections 151 31 425.16 through 425.39, claims for reimbursement for rent 151 32 constituting property taxes paid filed before May 1, 2003, 151 33 shall be eligible to be paid in full during the fiscal year 151 34 ending June 30, 2003, and those claims filed on or after May 151 35 1, 2003, shall be eligible to be paid during the fiscal year 152 1 beginning July 1, 2003, and the director is not required to 152 2 make payments to counties for the property tax credit before 152 3 June 15, 2003. 152 4 Sec. 183. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 2002 152 5 Iowa Acts, Senate File 2326, section 175, subsection 14, is 152 6 amended by striking the subsection. 152 7 Sec. 184. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 152 8 Notwithstanding section 312.2, subsection 14, the amount 152 9 appropriated from the general fund of the state under section 152 10 312.2, subsection 14, to the state department of 152 11 transportation for public transit assistance under chapter 152 12 324A for the fiscal year beginning July 1, 2002, and ending 152 13 June 30, 2003, is reduced by the following amount: 152 14 .................................................. $ 1,298,675 152 15 REVENUE ADJUSTMENTS – TRANSFERS 152 16 Sec. 185. DEPRECIATION FUND. Notwithstanding section 152 17 18.120, there is transferred from the depreciation fund 152 18 created in section 18.120 for the purchase of replacement 152 19 motor vehicles and additions to the fleet, to the general fund 152 20 of the state for the fiscal year beginning July 1, 2002, and 152 21 ending June 30, 2003, the following amount: 152 22 .................................................. $ 2,200,000 152 23 Sec. 186. GROUNDWATER PROTECTION FUND – AGRICULTURE 152 24 MANAGEMENT ACCOUNT. Notwithstanding section 455E.11, 152 25 subsection 2, paragraph "b", there is transferred from the 152 26 agriculture management account of the groundwater protection 152 27 fund created pursuant to section 455E.11, subsection 2, 152 28 paragraph "b", to the general fund of the state during the 152 29 fiscal year beginning July 1, 2002, and ending June 30, 2003, 152 30 the following amount from those moneys appropriated for the 152 31 Leopold center for sustainable agriculture: 152 32 .................................................. $ 1,000,000 152 33 Sec. 187. JURY AND WITNESS FEES FUND. Notwithstanding 152 34 section 602.1302, there is transferred from the revolving fund 152 35 created in section 602.1302, for the purpose of paying jury 153 1 and witness fees and mileage by the judicial branch, to the 153 2 general fund of the state for the fiscal year beginning July 153 3 1, 2002, and ending June 30, 2003, the following amount: 153 4 .................................................. $ 1,000,000 153 5 Sec. 188. REBUILD IOWA INFRASTRUCTURE FUND. 153 6 Notwithstanding section 8.57, subsection 5, paragraph "e", 153 7 there is transferred from wagering tax revenues, in excess of 153 8 the moneys to be deposited in the general fund of the state, 153 9 the vision Iowa fund, and the school infrastructure fund as 153 10 provided in section 8.57, subsection 5, paragraph "e", to the 153 11 general fund of the state for the fiscal year beginning July 153 12 1, 2002, and ending June 30, 2003, the following amount: 153 13 .................................................. $ 15,496,600 153 14 Sec. 189. ENVIRONMENT FIRST FUND. Notwithstanding section 153 15 8.57A, subsection 3, there is transferred from the environment 153 16 first fund created in section 8.57A to the general fund of the 153 17 state for the fiscal year beginning July 1, 2002, and ending 153 18 June 30, 2003, the following amount: 153 19 .................................................. $ 18,445,000 153 20 Sec. 190. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT. 153 21 Notwithstanding 2001 Iowa Acts, chapter 174, section 1, there 153 22 is transferred from the endowment for Iowa's health account of 153 23 the tobacco settlement trust fund created in section 12E.12 to 153 24 the general fund of the state for the fiscal year beginning 153 25 July 1, 2002, and ending June 30, 2003, the following amount: 153 26 .................................................. $ 9,000,000 153 27 Sec. 191. 2002 Iowa Acts, House File 2613, section 2, 153 28 subsection 1, is amended to read as follows: 153 29 1. To supplement the medical assistance appropriation and 153 30 to provide reimbursement for health care services and rent 153 31 expenses to eligible persons through the home and community- 153 32 based services waiver and the state supplementary assistance 153 33 program, including program administration and data system 153 34 costs associated with implementation, salaries, support, 153 35 maintenance, and miscellaneous purposes and for not more than 154 1 the following full-time equivalent positions: 154 2 .................................................. $21,733,406154 3 37,733,406 154 4 ............................................... FTEs 5.00 154 5 Sec. 192. EFFECTIVE DATE. This division of this Act takes 154 6 effect July 1, 2002. 154 7 DIVISION X 154 8 CAPITALS AND INFRASTRUCTURE 154 9 SCHOOL INFRASTRUCTURE FUND – SALES AND SERVICES TAX FUND 154 10 Sec. 193. SCHOOL INFRASTRUCTURE FUND. 154 11 1. Notwithstanding section 12.82, subsection 1, and 154 12 section 292.2, there is appropriated from the school 154 13 infrastructure fund created in section 12.82 to the director 154 14 of revenue and finance for the fiscal year beginning July 1, 154 15 2002, and ending June 30, 2003, the following amount to be 154 16 used for the purpose designated: 154 17 For deposit by the director into the school district 154 18 accounts in the local sales and services tax fund, as created 154 19 in section 422B.10, subsection 1, of those counties that have 154 20 imposed a local sales and services tax for school 154 21 infrastructure purposes under chapter 422E: 154 22 .................................................. $ 22,000,000 154 23 2. The portion of the amount appropriated in subsection 1 154 24 that shall be deposited into each school district account 154 25 equals the ratio that the amount of local sales and services 154 26 tax for school infrastructure purposes revenue deposited into 154 27 that account during the fiscal year beginning July 1, 2001, 154 28 and ending June 30, 2002, bears to the total amount of local 154 29 sales and services tax for school infrastructure purposes 154 30 revenue deposited into all accounts during the fiscal year 154 31 beginning July 1, 2001, and ending June 30, 2002. 154 32 Sec. 194. COUNTY SALES AND SERVICES TAX FUND. 154 33 1. Notwithstanding section 422E.1, there is transferred to 154 34 the general fund of the state from the school district 154 35 accounts in the county sales and services tax fund, as created 155 1 in section 422B.10, subsection 1, of those counties that have 155 2 imposed a local sales and services tax for school 155 3 infrastructure purposes under chapter 422E, for the fiscal 155 4 year beginning July 1, 2002, and ending June 30, 2003, the 155 5 following amount: 155 6 .................................................. $ 22,000,000 155 7 2. The portion of the amount transferred in subsection 1 155 8 that shall be transferred from each school district account 155 9 equals the ratio that the amount of local sales and services 155 10 tax for school infrastructure purposes revenue deposited into 155 11 that account during the fiscal year beginning July 1, 2001, 155 12 and ending June 30, 2002, bears to the total amount of local 155 13 sales and services tax for school infrastructure purposes 155 14 revenue deposited in all accounts during the fiscal year 155 15 beginning July 1, 2001, and ending June 30, 2002. 155 16 REBUILD IOWA INFRASTRUCTURE FUND 155 17 Sec. 195. 2002 Iowa Acts, House File 2614, section 10, 155 18 subsection 1, unnumbered paragraph 1, is amended to read as 155 19 follows: 155 20 For allocation to the university of northern Iowa for 155 21 developing a 21st century learning initiative, notwithstanding 155 22 section 8.57, subsection 5, paragraph "c": 155 23 .................................................. $800,000155 24 0 155 25 Sec. 196. 2002 Iowa Acts, House File 2614, section 10, 155 26 subsection 3, paragraph a, unnumbered paragraph 1, is amended 155 27 to read as follows: 155 28 For historical site preservation grants, to be used for the 155 29 restoration, preservation, and development of historical 155 30 sites: 155 31 .................................................. $800,000155 32 0 155 33 Sec. 197. 2002 Iowa Acts, House File 2614, section 10, 155 34 subsection 3, paragraph b, is amended to read as follows: 155 35 b. For continuation of the project recommended by the Iowa 156 1 battle flag advisory committee to stabilize the condition of 156 2 the battle flag collection, notwithstanding section 8.57, 156 3 subsection 5, paragraph "c": 156 4 .................................................. $150,000156 5 100,000 156 6 Sec. 198. 2002 Iowa Acts, House File 2614, section 10, 156 7 subsection 4, paragraphs a and b, are amended to read as 156 8 follows: 156 9 a. For deposit in the local housing assistance program 156 10 fund created in section 15.354, notwithstanding section 8.57, 156 11 subsection 5, paragraph "c": 156 12 .................................................. $800,000156 13 0 156 14 b. For deposit in the rural enterprise fund to be used for 156 15 the dry fire hydrant and rural water supply education and 156 16 demonstration project, notwithstanding section 8.57, 156 17 subsection 5, paragraph "c": 156 18 .................................................. $100,000156 19 0 156 20 Sec. 199. 2002 Iowa Acts, House File 2614, section 10, 156 21 subsection 5, paragraphs a and b, are amended to read as 156 22 follows: 156 23 a. To provide resources for structural and technological 156 24 improvements to local libraries, notwithstanding section 8.57, 156 25 subsection 5, paragraph "c": 156 26 .................................................. $600,000156 27 0 156 28 b. For the community college vocational-technical 156 29 technology improvement program authorized in chapter 260A, 156 30 notwithstanding section 8.57, subsection 5, paragraph "c": 156 31 .................................................. $3,000,000156 32 0 156 33 Sec. 200. 2002 Iowa Acts, House File 2614, section 10, 156 34 subsection 5, paragraph c, unnumbered paragraph 1, is amended 156 35 to read as follows: 157 1 For school improvement technology block grants, 157 2 notwithstanding section 8.57, subsection 5, paragraph "c", and 157 3 notwithstanding section 256D.5, subsection 2, Code 2001: 157 4 .................................................. $5,770,600157 5 0 157 6 Sec. 201. 2002 Iowa Acts, House File 2614, section 10, 157 7 subsection 5, paragraph d, is amended to read as follows: 157 8 d. For completion of the electronic data interchange 157 9 project known as project EASIER, notwithstanding section 8.57, 157 10 subsection 5, paragraph "c": 157 11 .................................................. $150,000157 12 0 157 13 Sec. 202. 2002 Iowa Acts, House File 2614, section 10, 157 14 subsection 6, paragraph a, unnumbered paragraph 1, is amended 157 15 to read as follows: 157 16 For routine maintenance of state buildings and facilities 157 17 under the purview of the department, notwithstanding section 157 18 8.57, subsection 5, paragraph "c": 157 19 .................................................. $2,000,000157 20 0 157 21 Sec. 203. 2002 Iowa Acts, House File 2614, section 10, 157 22 subsection 7, unnumbered paragraph 1, is amended to read as 157 23 follows: 157 24 For automation of child abuse intake reports, 157 25 notwithstanding section 8.57, subsection 5, paragraph "c": 157 26 .................................................. $154,267157 27 0 157 28 Sec. 204. 2002 Iowa Acts, House File 2614, section 10, 157 29 subsection 9, paragraph a, unnumbered paragraph 1, is amended 157 30 to read as follows: 157 31 For data warehouse projects, notwithstanding section 8.57, 157 32 subsection 5, paragraph "c": 157 33 .................................................. $1,000,000157 34 624,000 157 35 Sec. 205. 2002 Iowa Acts, House File 2614, section 10, 158 1 subsection 9, paragraph b, unnumbered paragraph 1, is amended 158 2 to read as follows: 158 3 For additional technology projects, as determined by the 158 4 department, notwithstanding section 8.57, subsection 5, 158 5 paragraph "c": 158 6 .................................................. $545,733158 7 0 158 8 Sec. 206. 2002 Iowa Acts, House File 2614, section 10, 158 9 subsection 11, unnumbered paragraph 1, is amended to read as 158 10 follows: 158 11 To replace the voter registration system, notwithstanding 158 12 section 8.57, subsection 5, paragraph "c": 158 13 .................................................. $350,000158 14 0 158 15 ENVIRONMENT FIRST FUND 158 16 Sec. 207. 2002 Iowa Acts, House File 2614, section 20, 158 17 subsection 1, paragraphs c and d, are amended to read as 158 18 follows: 158 19 c. For continuation of a statewide voluntary farm 158 20 management demonstration program to demonstrate the 158 21 effectiveness and adaptability of emerging practices in 158 22 agronomy that protect water resources and provide other 158 23 environmental benefits emphasizing nitrogen, phosphorous, and 158 24 manure management: 158 25 .................................................. $850,000158 26 500,000 158 27 d. For deposit in the alternative drainage system 158 28 assistance fund created in section 159.29A to be used for 158 29 purposes of supporting the alternative drainage system 158 30 assistance program as provided in section 159.29B: 158 31 .................................................. $1,500,000158 32 0 158 33 Sec. 208. 2002 Iowa Acts, House File 2614, section 20, 158 34 subsection 1, paragraph e, unnumbered paragraph 1, is amended 158 35 to read as follows: 159 1 To provide financial assistance for the establishment of 159 2 permanent soil and water conservation practices: 159 3 .................................................. $7,500,000159 4 3,500,000 159 5 Sec. 209. 2002 Iowa Acts, House File 2614, section 20, 159 6 subsection 1, paragraphs f, g, and h, are amended to read as 159 7 follows: 159 8 f. To encourage and assist farmers in enrolling in the 159 9 continuous sign-up federal conservation reserve program and 159 10 work with them to enhance their revegetation efforts to 159 11 improve water quality and habitat: 159 12 .................................................. $1,500,000159 13 0 159 14 g. For deposit in the loess hills development and 159 15 conservation fund created in section 161D.2: 159 16 .................................................. $750,000159 17 0 159 18Of the amount appropriated to the loess hills development159 19and conservation fund in this paragraph "g", $650,000 shall be159 20allocated to the hungry canyons account, and $100,000 shall be159 21allocated to the loess hills alliance account.159 22 h. For allocation to the southern Iowa development and 159 23 conservation authority for protection of road structures: 159 24 .................................................. $250,000159 25 0 159 26 Sec. 210. 2002 Iowa Acts, House File 2614, section 20, 159 27 subsection 2, unnumbered paragraph 1, is amended to read as 159 28 follows: 159 29 For deposit in the brownfield redevelopment fund created in 159 30 section 15.293 to provide assistance under the brownfield 159 31 redevelopment program: 159 32 .................................................. $1,000,000159 33 0 159 34 Sec. 211. 2002 Iowa Acts, House File 2614, section 20, 159 35 subsection 3, paragraphs a and d, are amended to read as 160 1 follows: 160 2 a. To provide local watershed managers with geographic 160 3 information system data for their use in developing, 160 4 monitoring, and displaying results of their watershed work: 160 5 .................................................. $195,000160 6 0 160 7 d. For the dredging of lakes, including necessary 160 8 preparation for dredging, in accordance with the department's 160 9 classification of Iowa lakes restoration report: 160 10 .................................................. $1,250,000160 11 350,000 160 12 It is the intent of the general assembly that the 160 13 department shall consider the following criteria for funding 160 14 lake dredging projects as provided in this paragraph "d", and 160 15 shall prioritize projects based on the following: 160 16 (1) Documented efforts to address watershed protection, 160 17 considering testing, conservation efforts, and amount of time 160 18 devoted to watershed protection. 160 19 (2) Protection of a natural resource and natural habitat. 160 20 (3) Percentage of public access and undeveloped lakefront 160 21 property. 160 22 (4) Continuation of current projects partially funded by 160 23 state resources to achieve department recommendations. 160 24 Sec. 212. 2002 Iowa Acts, House File 2614, section 21, is 160 25 amended to read as follows: 160 26 SEC. 21. Notwithstanding the amount of the standing 160 27 appropriation from the general fund of the state under section 160 28 455A.18, subsection 3, there is appropriated from the 160 29 environment first fund to the Iowa resources enhancement and 160 30 protection fund, in lieu of the appropriation made in section 160 31 455A.18, for the fiscal year beginning July 1, 2002, and 160 32 ending June 30, 2003, the following amount, to beallocated as160 33provided inused for the purposes designated, notwithstanding 160 34 section 455A.19: 160 35 For reimbursement of political subdivisions of the state 161 1 for property tax dollars lost to open space acquisitions based 161 2 on the reimbursement formula provided in section 465A.4, for 161 3 contractual obligations for capital projects relating to 161 4 natural resource areas, and for maintenance of state lands 161 5 owned by the department of natural resources: 161 6 .................................................. $10,000,000161 7 2,000,000 161 8The funds allocated to the land management and open spaces161 9accounts form the appropriation in this section may be used161 10for park operation purposes.161 11 Sec. 213. EFFECTIVE DATES. 161 12 1. Except as otherwise provided in subsection 2, this 161 13 division of this Act takes effect July 1, 2002. 161 14 2. The sections of this division of this Act appropriating 161 15 moneys from the school infrastructure fund and transferring 161 16 moneys from the county sales and services tax fund shall take 161 17 effect on July 31, 2002, only if the treasurer of state 161 18 determines that the appropriation from the school 161 19 infrastructure fund of this division of this Act will not 161 20 adversely affect the tax-exempt status of any outstanding 161 21 bonds issued for purposes of the school infrastructure program 161 22 established in section 292.2. The treasurer of state shall 161 23 notify the Code editor of the treasurer's determination under 161 24 this subsection by July 31, 2002. 161 25 DIVISION XI 161 26 STATE EMPLOYEES – PRINTED DOCUMENTS AND PROGRAM 161 27 ELIMINATION – FURLOUGHS – MISCELLANEOUS 161 28 Sec. 214. VACANT POSITIONS. Effective July 1, 2002, any 161 29 full-time equivalent position that is authorized in an 161 30 executive branch table of organization and has been vacant for 161 31 12 months or more shall be eliminated from the table of 161 32 organization. 161 33 Sec. 215. EDUCATIONAL ASSISTANCE. For the fiscal year 161 34 beginning July 1, 2002, and ending June 30, 2003, unless 161 35 specifically authorized by a collective bargaining agreement, 162 1 an executive or judicial branch agency shall not provide an 162 2 employee with a subsidy or reimbursement for a class or other 162 3 course of study leading to an advanced degree. 162 4 Sec. 216. PRINTED DOCUMENTS. Notwithstanding any 162 5 provision of law or rule to the contrary, as a cost savings 162 6 measure, for the fiscal year beginning July 1, 2002, and 162 7 ending June 30, 2003, the requirements in law or rule for the 162 8 executive and judicial branches to issue reports, minutes, and 162 9 other documents of an informational nature in printed form 162 10 shall be suspended. Such documents shall be provided in 162 11 printed form only in response to an individual request and, to 162 12 the extent possible, shall be made available by internet 162 13 posting, electronic mail, or other electronic means in lieu of 162 14 availability in printed form. 162 15 Sec. 217. PROGRAM ELIMINATION COMMISSION. 162 16 1. A program elimination commission is established to 162 17 review all programs and other functions funded in whole or 162 18 part with state or local government revenues, including but 162 19 not limited to general taxes and fees and special revenues 162 20 such as gaming and road use tax revenues. The commission 162 21 shall operate with the goal of identifying a 2 percent savings 162 22 for the general fund of the state. The commission's duties 162 23 shall include the following: 162 24 a. Review of state and local government programs and other 162 25 functions. 162 26 b. Consideration of sale of public assets or providing for 162 27 performance of public functions on behalf of government by 162 28 nongovernmental entities. The assets and functions considered 162 29 shall include the state nursery, department of general 162 30 services vehicle fleet, state medical library, prison farms, 162 31 and alcoholic beverage warehouse. 162 32 c. Identification of programs or functions recommended for 162 33 elimination or for performance by a nongovernmental entity. 162 34 d. Identification of public assets for sale. 162 35 e. Other duties assigned by the legislative council. 163 1 2. The program elimination commission shall consist of the 163 2 following members: 163 3 a. The auditor of state as a voting member. 163 4 b. Four voting members who have expertise with profit or 163 5 nonprofit enterprise in evaluating projects and determining 163 6 which projects should be continued or eliminated. Each of the 163 7 following shall appoint one of the four voting members: the 163 8 majority leader of the senate, the minority leader of the 163 9 senate, the speaker of the house of representatives, and the 163 10 minority leader of the house of representatives. 163 11 c. One nonvoting member representing the executive branch 163 12 appointed by the governor. 163 13 d. One nonvoting member representing the judicial branch 163 14 appointed by the chief justice of the supreme court. 163 15 e. One nonvoting member representing the legislative 163 16 branch appointed by the legislative council. 163 17 3. Staff support to the commission shall be provided by 163 18 the research staffs of the senate and house of 163 19 representatives, the legislative fiscal bureau, and the 163 20 legislative service bureau. In addition, the commission may 163 21 utilize other staff support made available to the commission. 163 22 4. The program elimination commission shall issue a report 163 23 on or before December 31, 2002, to the governor, supreme 163 24 court, and general assembly containing findings and 163 25 recommendations fulfilling the commission's duties. The 163 26 recommendations made by the commission shall be prepared in 163 27 the form of a bill by the legislative service bureau. It is 163 28 the intent of this section that the bill be referred to the 163 29 committees on state government of the senate and the house of 163 30 representatives. It is further the intent of this section 163 31 that the general assembly shall bring the bill to a vote under 163 32 a procedure or rule permitting no amendments except those of a 163 33 purely corrective nature recommended by a committee on state 163 34 government. 163 35 5. Unless otherwise continued by the legislative council 164 1 or by law, the program elimination commission shall be 164 2 dissolved on December 31, 2002. 164 3 Sec. 218. JUDICIAL BRANCH – FURLOUGHS. 164 4 1. The appropriations from the general fund of the state 164 5 to the judicial branch for operational costs for the fiscal 164 6 year beginning July 1, 2002, and ending June 30, 2003, are 164 7 reduced by the following amount: 164 8 .................................................. $ 2,201,399 164 9 2. In order to implement the reduction made in subsection 164 10 1, the judicial branch shall implement furloughs of judicial 164 11 branch employees other than justices, judges, and magistrates 164 12 or other cost reductions in a manner so as to produce cost 164 13 savings equivalent to a furlough of one-half day per employee 164 14 per calendar month. 164 15 3. As part of implementing the reduction made in 164 16 subsection 1, notwithstanding the annual salary rates 164 17 authorized for justices, judges, and magistrates in 2001 Iowa 164 18 Acts, chapter 190, section 1, and 2002 Iowa Acts, House File 164 19 2623, section 4, for the fiscal year beginning July 1, 2002, 164 20 those salary rates shall be reduced by applying a 2.5 percent 164 21 reduction to the portion of annual salary attributable to the 164 22 period beginning on June 21, 2002, through June 19, 2003. 164 23 Subsection 2 does not apply to justices, judges, and 164 24 magistrates subject to this subsection. 164 25 4. Notwithstanding the uses listed in section 602.1304, 164 26 subsection 2, paragraph "c", the judicial branch may use not 164 27 more than $1,000,000 of the moneys available to the judicial 164 28 branch in the enhanced court collections fund for the fiscal 164 29 year beginning July 1, 2002, to supplant the reduction made in 164 30 subsection 1 and thereby decrease the application of 164 31 subsections 2 and 3. Any such decrease involving employee 164 32 furloughs and salary reductions shall be applied 164 33 proportionately between subsections 2 and 3. 164 34 LEGISLATIVE BRANCH – FURLOUGHS 164 35 Sec. 219. APPROPRIATIONS REDUCTION. 165 1 1. The appropriations made from the general fund of the 165 2 state in section 2.12 to the general assembly for operational 165 3 costs for the fiscal year beginning July 1, 2002, and ending 165 4 June 30, 2003, shall be reduced by $392,858. The reduction in 165 5 this subsection shall be in addition to the reduction made in 165 6 2002 Iowa Acts, Senate File 2326, section 168, as amended in 165 7 division IX of this Act. 165 8 2. In order to implement the reduction made in subsection 165 9 1, the legislative branch shall implement furloughs of 165 10 legislative branch employees other than members of the general 165 11 assembly or other cost reductions in a manner so as to produce 165 12 cost savings equivalent to a furlough of one-half day per 165 13 employee per calendar month. 165 14 3. As part of implementing the reduction made in 165 15 subsection 1, notwithstanding the annual salary rates 165 16 authorized for members of the general assembly in section 165 17 2.10, the salary rates for such members shall be reduced by 165 18 applying a 2.5 percent reduction to the portion of annual 165 19 salary attributable to the period beginning June 21, 2002, 165 20 through June 19, 2003, as if the members were all paid a 165 21 salary under section 2.10, subsection 4, paragraph "a". 165 22 Subsection 2 does not apply to members of the general 165 23 assembly. 165 24 4. As part of the reduction made in subsection 1, it is 165 25 the intent of the general assembly to suspend the issuance of 165 26 documents of an informational nature in printed form and the 165 27 provision of a subsidy or reimbursement to an employee for a 165 28 class or other course of study leading to an advanced degree. 165 29 EXECUTIVE BRANCH – FURLOUGHS 165 30 Sec. 220. EXECUTIVE BRANCH. The appropriations made from 165 31 the general fund of the state to the departments and 165 32 establishments of the executive branch, as defined in section 165 33 8.2, including but not limited to the appropriations to the 165 34 state board of regents, for operational costs for the fiscal 165 35 year beginning July 1, 2002, and ending June 30, 2003, are 166 1 reduced by the following amount: 166 2 .................................................. $ 30,862,939 166 3 1. The department of management shall apply the reduction 166 4 made in accordance with this section in a manner so that the 166 5 portion of an appropriation for operational costs is reduced 166 6 in proportion to the amount that such costs in that 166 7 appropriation bear to the total amount of all such costs in 166 8 all appropriations from the general fund of the state to 166 9 executive branch departments and establishments. 166 10 2. In order to implement the reduction made in this 166 11 section, the departments and establishments shall implement 166 12 furloughs for those employees whose compensation is paid from 166 13 the general fund of the state or other cost reductions, in a 166 14 manner to produce cost savings equivalent to a furlough of 166 15 one-half day per employee per calendar month. 166 16 3. Notwithstanding the annual salary rates authorized for 166 17 elective executive branch officials in 2000 Iowa Acts, chapter 166 18 1219, section 3, as part of implementing the reduction made in 166 19 this section, for the fiscal year beginning July 1, 2002, the 166 20 salary rates for such officials shall be reduced by applying a 166 21 2.5 percent reduction to the portion of annual salary 166 22 attributable to the period beginning June 21, 2002, through 166 23 June 19, 2003. Subsection 2 does not apply to elective 166 24 executive branch officials subject to this subsection. 166 25 4. Notwithstanding the annual salaries established under 166 26 2001 Iowa Acts, chapter 190, section 3, as part of 166 27 implementing the reduction made in this section, for the 166 28 fiscal year beginning July 1, 2002, each of those salaries 166 29 shall be reduced by applying a 2.5 percent reduction to the 166 30 portion of the salary attributable to the period beginning 166 31 June 21, 2002, through June 19, 2003. Subsection 2 does not 166 32 apply to appointed executive branch officers subject to this 166 33 subsection. 166 34 Sec. 221. IMPLEMENTATION OF FURLOUGHS. Furloughs 166 35 implemented pursuant to this division shall not be implemented 167 1 in a manner which results in more than 25 percent of the 167 2 workforce within an agency division being on furlough at the 167 3 same time. 167 4 Sec. 222. 2001 Iowa Acts, chapter 176, section 20, 167 5 unnumbered paragraph 2, is amended to read as follows: 167 6 For allocation by the state board of regents to the state 167 7 university of Iowa, the Iowa state university of science and 167 8 technology, and the university of northern Iowa to finance or 167 9 pay debt service to pay debt to finance the cost of providing 167 10 academic and administrative buildings and facilities at the 167 11 institutions: 167 12 .................................................. $600,330167 13 600,860 167 14 Sec. 223. 2001 Iowa Acts, chapter 176, section 21, 167 15 unnumbered paragraph 2, is amended to read as follows: 167 16 For debt service for the Iowa communications network: 167 17 .................................................. $9,939,165167 18 9,940,000 167 19 Sec. 224. 2001 Iowa Acts, chapter 176, section 22, 167 20 unnumbered paragraph 2, is amended to read as follows: 167 21 For debt service for the Iowa communications network: 167 22 .................................................. $1,465,835167 23 1,465,443 167 24 Sec. 225. 2001 Iowa Acts, chapter 176, section 24, 167 25 unnumbered paragraph 2, is amended to read as follows: 167 26 For repayment of prison infrastructure bonds under section 167 27 16.177: 167 28 .................................................. $5,182,272167 29 5,182,089 167 30 Sec. 226. 2002 Iowa Acts, House File 2614, section 2, 167 31 unnumbered paragraph 2, is amended to read as follows: 167 32 For allocation by the state board of regents to the state 167 33 university of Iowa, the Iowa state university of science and 167 34 technology, and the university of northern Iowa to reimburse 167 35 the institutions for deficiencies in their operating funds 168 1 resulting from the pledging of tuitions, student fees and 168 2 charges, and institutional income to finance the cost of 168 3 providing academic and administrative buildings and facilities 168 4 and utility services at the institutions, notwithstanding 168 5 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 168 6 .................................................. $9,151,609168 7 9,127,635 168 8 Sec. 227. 2002 Iowa Acts, House File 2614, section 3, 168 9 unnumbered paragraph 2, is amended to read as follows: 168 10 For debt service for the Iowa communications network, 168 11 notwithstanding section 12E.12, subsection 1, paragraph "b", 168 12 subparagraph (1): 168 13 .................................................. $12,855,000168 14 13,044,784 168 15 Sec. 228. 2002 Iowa Acts, House File 2614, section 4, 168 16 unnumbered paragraph 2, is amended to read as follows: 168 17 For repayment of prison infrastructure bonds under section 168 18 16.177, notwithstanding section 12E.12, subsection 1, 168 19 paragraph "b", subparagraph (1): 168 20 .................................................. $5,185,576168 21 5,417,250 168 22 Sec. 229. Section 12E.12, Code Supplement 2001, is amended 168 23 by adding the following new subsection: 168 24 NEW SUBSECTION. 8. With respect to the payment of certain 168 25 debt service, the debt service to be paid shall be those 168 26 installments of debt service on bonds selected by the 168 27 treasurer of state and identified in the authority's tax 168 28 certificate delivered at the time of the issuance of the bonds 168 29 issued pursuant to this chapter, or as otherwise selected by 168 30 the treasurer of state. Once the bonds and the installments 168 31 of debt service thereon are so selected, that debt service and 168 32 bonds shall not be paid, or provided to be paid, from any 168 33 other source including the state or any of its departments or 168 34 agencies. 168 35 Sec. 230. Section 260G.4B, subsection 1, Code Supplement 169 1 2001, as amended by 2002 Iowa Acts, House File 2623, section 169 2 30, is amended to read as follows: 169 3 1. The total amount of program job credits from all 169 4 employers which shall be allocated for all accelerated career 169 5 education programs in the state in any one fiscal year shall 169 6 not exceed the sum of three million dollars in the fiscal year 169 7 beginning July 1, 2000, three million dollars in the fiscal 169 8 year beginning July 1, 2001,threefour million two hundred 169 9 thousand dollars in the fiscal year beginning July 1, 2002, 169 10 and six million dollars in the fiscal year beginning July 1, 169 11 2003, and every fiscal year thereafter. Any increase in 169 12 program job credits above the six-million-dollar limitation 169 13 per fiscal year shall be developed, based on recommendations 169 14 in a study which shall be conducted by the department of 169 15 economic development of the needs and performance of approved 169 16 programs in the fiscal years beginning July 1, 2000, and July 169 17 1, 2001. The study's findings and recommendations shall be 169 18 submitted to the general assembly by the department by 169 19 December 31, 2002. The study shall include but not be limited 169 20 to an examination of the quality of the programs, the number 169 21 of program participant placements, the wages and benefits in 169 22 program jobs, the level of employer contributions, the size of 169 23 participating employers, and employer locations. A community 169 24 college shall file a copy of each agreement with the 169 25 department of economic development. The department shall 169 26 maintain an annual record of the proposed program job credits 169 27 under each agreement for each fiscal year. Upon receiving a 169 28 copy of an agreement, the department shall allocate any 169 29 available amount of program job credits to the community 169 30 college according to the agreement sufficient for the fiscal 169 31 year and for the term of the agreement. When the total 169 32 available program job credits are allocated for a fiscal year, 169 33 the department shall notify all community colleges that the 169 34 maximum amount has been allocated and that further program job 169 35 credits will not be available for the remainder of the fiscal 170 1 year. Once program job credits have been allocated to a 170 2 community college, the full allocation shall be received by 170 3 the community college throughout the fiscal year and for the 170 4 term of the agreement even if the statewide program job credit 170 5 maximum amount is subsequently allocated and used. 170 6 Sec. 231. Section 422.11A, Code 2001, is amended by adding 170 7 the following new unnumbered paragraph: 170 8 NEW UNNUMBERED PARAGRAPH. The new jobs tax credit 170 9 authorized in this section shall only apply to an agreement 170 10 authorized under chapter 260E which was finalized prior to 170 11 July 1, 2002. 170 12 Sec. 232. Section 422.33, subsection 6, Code Supplement 170 13 2001, is amended by adding the following new unnumbered 170 14 paragraph: 170 15 NEW UNNUMBERED PARAGRAPH. The new jobs tax credit 170 16 authorized in this subsection shall only apply to an agreement 170 17 authorized under chapter 260E which was finalized prior to 170 18 July 1, 2002. 170 19 Sec. 233. EFFECTIVE DATE. 170 20 1. Except as provided in subsection 2, this division of 170 21 this Act takes effect July 1, 2002. 170 22 2. a. The sections of this division of this Act providing 170 23 for salary reductions in appropriations to the judicial, 170 24 legislative, and executive branches take effect June 21, 2002. 170 25 b. The sections of this division of this Act amending 2001 170 26 Iowa Acts, chapter 176, being deemed of immediate importance, 170 27 take effect upon enactment. 170 28 DIVISION XII 170 29 CORRECTIVE AMENDMENTS 170 30 GENERAL PROVISIONS 170 31 Sec. 234. Section 16.131, subsection 1, Code 2001, is 170 32 amended to read as follows: 170 33 1. The authority shall cooperate with the department of 170 34 natural resources in the creation, administration, and 170 35 financing of the Iowasewage treatmentwater pollution control 171 1 and drinking water facilities financing program established in 171 2 sections 455B.291 through 455B.299. 171 3 Sec. 235. Section 16.132, subsection 1, paragraph d, Code 171 4 2001, is amended to read as follows: 171 5 d. The amounts payable to the department bymunicipalities171 6or water systemseligible entities pursuant to loan agreements 171 7 withmunicipalities or water systemseligible entities. 171 8 Sec. 236. Section 124.401A, Code 2001, as amended by 2002 171 9 Iowa Acts, House File 2623, section 25, is affirmed and 171 10 reenacted. 171 11 Sec. 237. Section 124.409, Code 2001, as amended by 2002 171 12 Iowa Acts, House File 2623, section 26, is affirmed and 171 13 reenacted. 171 14 Sec. 238. Section 225C.5, subsection 1, paragraph d, Code 171 15 2001, as amended by 2002 Iowa Acts, House File 2430, section 171 16 1, is amended to read as follows: 171 17 d. One member shall beeitheran active board member of an 171 18 agency serving persons with a developmental disability 171 19 selected from nominees submitted by the Iowa association of 171 20 community providers. 171 21 Sec. 239. Section 237.16, subsection 3, Code 2001, is 171 22 amended to read as follows: 171 23 3. An employee of the department or of the department of 171 24 inspections and appeals, an employee of a child-placing 171 25 agency, an employee of an agency with which the department 171 26 contracts for services for children under foster care, a 171 27 foster parent providing foster care, or an employee of the 171 28 district court is not eligible to serve on the state board. 171 29 However, the judicial branch employee or judicial officer 171 30 appointed from nominees submitted by the judicial branch in 171 31 accordance with subsection 1 shall be eligible to serve on the 171 32 state board. 171 33 Sec. 240. Section 321J.22, subsection 2, paragraph d, Code 171 34 2001, as amended by 2002 Iowa Acts, House File 2515, section 171 35 37, is amended to read as follows: 172 1 d. The department of education shall establish reasonable 172 2 fees to defray the expense of obtaining classroom space, 172 3 instructor salaries, and class materials for courses offered 172 4 both by community colleges and by substance abuse treatment 172 5 programs licensed under chapter 125, and for administrative 172 6 expenses incurred by the department of education in 172 7 implementing subsection 5. 172 8 Sec. 241. Section 455B.133, subsection 10, as enacted by 172 9 2002 Iowa Acts, Senate File 2325, section 45, is amended to 172 10 read as follows: 172 11 10. Adopt rules allowing a city to conduct a controlled 172 12 burn of a demolished building subject to the same restrictions 172 13 as are in effect for fire fighting training fires. The rules 172 14 shall include a provision that a city may undertake no more 172 15 than three controlled burns in every overlapping six-tenths- 172 16 of-a-mile-radius circle every three years. The rules shall 172 17 prohibit a controlled burn of a demolished building in Cedar 172 18 Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des 172 19 Moines, West Des Moines, Clive, Windsor Heights, Urbandale, 172 20 Pleasant Hill, Buffalo, Davenport, Mason City or any other 172 21 area where area-specific state implementation plans require 172 22 the control of particulate matter. 172 23 Sec. 242. Section 456A.17, unnumbered paragraph 7, Code 172 24 2001, is amended to read as follows: 172 25 The department may apply for a loan for the construction of 172 26 facilities for the collection and treatment of waste water 172 27 under the statesewage treatment workswater pollution control 172 28 and drinking water facilities financing program as established 172 29 in sections 455B.291 through 455B.299. In order to provide 172 30 for the repayment of a loan granted under the financing 172 31 program, the commission may impose a lien on not more than ten 172 32 percent of the annual revenues from user fees and related 172 33 revenue derived from park and recreation areas under chapter 172 34 461A which are deposited in the state conservation fund. If a 172 35 lien is established as provided in this paragraph, repayment 173 1 of the loan is the first priority on the revenues received and 173 2 dedicated for the loan repayment each year. 173 3 Sec. 243. Section 724.26, Code 2001, as amended by 2002 173 4 Iowa Acts, House File 2363, section 4, and as amended by 2002 173 5 Iowa Acts, House File 2623, section 94, is affirmed and 173 6 reenacted. 173 7 Sec. 244. 2002 Iowa Acts, House File 2615, section 4, 173 8 unnumbered paragraph 3, is amended to read as follows: 173 9 Notwithstanding section 8.33, moneys appropriated under 173 10 this section that are unobligated or unencumbered at the end 173 11 of the fiscal year beginningJune 30July 1, 2002, and ending 173 12 June 30, 2003, shall not revert, but shall remain available 173 13 for the specific purposes designated in this section until 173 14 June 30, 2004. 173 15 Sec. 245. 2002 Iowa Acts, House File 2623, section 72, is 173 16 amended to read as follows: 173 17 SEC. 72. EFFECTIVE DATE. The provision of this division 173 18 of this Act amending 2001 Iowa Acts, chapter 191, section 14, 173 19 relating to the department of human services exceeding its 173 20 budget target for group foster care by up to twenty percent in 173 21 fiscal year 2001-2002, being deemed of immediate importance, 173 22 takes effect upon enactment. 173 23 Sec. 246. 2002 Iowa Acts, Senate File 2275, sections 13 173 24 and 182, are repealed. 173 25 ANIMAL FEEDING OPERATIONS 173 26 Sec. 247. Section 455B.127, subsection 3, as enacted by 173 27 2002 Iowa Acts, Senate File 2293, section 6, subsection 3, is 173 28 amended to read as follows: 173 29 3. Moneys in the compliance fund are appropriated to the 173 30 department exclusively to pay the expenses of the department 173 31 in administering and enforcing the provisions of division II, 173 32 part 2, and division III, part 1, subpartAB, as necessary to 173 33 ensure that animal feeding operations comply with all 173 34 applicable requirements of those provisions, including rules 173 35 adopted or orders issued by the department pursuant to those 174 1 provisions. The moneys shall not be transferred, used, 174 2 obligated, appropriated, or otherwise encumbered except as 174 3 provided in this subsection. The department shall not 174 4 transfer moneys from the compliance fund's assessment account 174 5 to another fund or account, including but not limited to the 174 6 fund's general account. 174 7 Sec. 248. Section 455B.161, subsection 22, Code 2001, is 174 8 amended by striking the subsection. 174 9 Sec. 249. Section 455B.171, subsection 13, Code 2001, is 174 10 amended by striking the subsection. 174 11 Sec. 250. Section 455B.200, subsection 3, as enacted by 174 12 2002 Iowa Acts, Senate File 2293, section 27, is amended to 174 13 read as follows: 174 14 3. The department and the attorney general shall enforce 174 15 the provisions of this chapter in the same manner as provided 174 16 in division I, unless otherwise provided in thissection174 17 chapter. 174 18 Sec. 251. Section 455B.200A, subsection 1, unnumbered 174 19 paragraph 1, as enacted by 2002 Iowa Acts, Senate File 2293, 174 20 section 28, is amended to read as follows: 174 21 The department shall approve or disapprove applications for 174 22 permits for the construction, including the expansion, of 174 23 confinement feeding operation structures, as provided by rules 174 24 adopted pursuant to this chapter. The department's decision 174 25 to approve or disapprove a permit for the construction of a 174 26 confinement feeding operation structure shall be based on 174 27 whether the application is submitted according to procedures 174 28 required by the department and the application meets standards 174 29 established by the department. A person shall not begin 174 30 construction of a confinement feeding operation structure 174 31 requiring a permit under this section, unless the department 174 32 first approves the person's application and issues to the 174 33 person a construction permit. The department shall provide 174 34 conditions for requiring when a person must obtain a 174 35 construction permit. 175 1 Sec. 252. Section 455B.200B, subsection 5, paragraph a, as 175 2 enacted by 2002 Iowa Acts, Senate File 2293, section 32, is 175 3 amended to read as follows: 175 4 a. The department shall designate by rule each one hundred 175 5 year floodplain in this state according to the location of the 175 6 one hundred year floodplain. A person shall not be prohibited 175 7 from constructing a confinement feeding operation structure on 175 8 a one hundred year floodplain unless the one hundred year 175 9 floodplain is designated by rule in accordance with this 175 10 subsection. 175 11 Sec. 253. Section 455B.200B, subsection 5, paragraph b, 175 12 subparagraphs (2) and (3), as enacted by 2002 Iowa Acts, 175 13 Senate File 2293, section 32, are amended to read as follows: 175 14 (2) The department shall provide in its declaratory order 175 15 or its approval or disapproval of a construction permit 175 16 application a determination regarding whether the confinement 175 17 feeding operation structure is to be located on a one hundred 175 18 year floodplain, whether the confinement feeding operation 175 19 structure may be constructed at the location, and any 175 20 conditions for the construction. 175 21 (3) This paragraph "b" is repealed on the effective date 175 22 that rules are adopted by the department pursuant to paragraph 175 23 "a". The department shall provide a caption on the adopted 175 24 rule as published in the Iowa administrative bulletin as 175 25 provided in section 17A.4, stating that this paragraph is 175 26 repealed as provided in this subparagraphsubdivision. The 175 27 director of the department shall deliver a copy of the adopted 175 28 rule to the Iowa Code editor. 175 29 Sec. 254. Section 455B.200C, subsection 2, paragraph c, as 175 30 enacted by 2002 Iowa Acts, Senate File 2293, section 33, is 175 31 amended to read as follows: 175 32 c. If a construction permit is required pursuant to 175 33 section 455B.200A for the construction of three or more 175 34 confinement feeding operation structures that include a formed 175 35 manure storage structure, thecontractorperson responsible 176 1 for constructing the formed manure storage structure must 176 2 provide that the construction of the formed manure storage 176 3 structure will not impede drainage through established 176 4 drainage tile lines which cross property boundary lines unless 176 5 measures are taken to reestablish the drainage prior to 176 6 completion of construction. 176 7 Sec. 255. Section 455B.200E, subsection 3, paragraph b, as 176 8 enacted by 2002 Iowa Acts, Senate File 2293, section 35, is 176 9 amended to read as follows: 176 10 b. The board must conduct an evaluation of the application 176 11 using the master matrix as provided in section 455B.200F. The 176 12 board's recommendation may be based on the master matrixas176 13providedor may be based on comments under this section 176 14 regardless of the results of the master matrix. 176 15 Sec. 256. Section 455B.203, subsection 2B, paragraph b, as 176 16 enacted by 2002 Iowa Acts, Senate File 2293, section 38, is 176 17 amended to read as follows: 176 18 b. The department shall not file a construction design 176 19 statement as provided in section 455B.200C, unless the owner 176 20 of the confinement feeding operation structure submits an 176 21 original manure management plan together with the construction 176 22 design statement. The construction design statement and 176 23 manure management plan may be submitted as part of an 176 24 application for a construction permit as provided in section 176 25 455B.200A. 176 26 Sec. 257. Section 455B.203, subsection 3, paragraph a, 176 27 subparagraph (2), unnumbered paragraph 1, as enacted by 2002 176 28 Iowa Acts, Senate File 2293, section 39, is amended to read as 176 29 follows: 176 30 Subparagraph subdivisions (b) through (e) and this 176 31 paragraph are repealed on the date that any person who has 176 32 submitted an original manure management plan prior to April 1, 176 33 2002, is required to submit a manure management plan update 176 34 which includes a phosphorus index as provided in subparagraph 176 35 subdivision(e)(e), subparagraph subdivision part (i). The 177 1 department shall publish a notice in the Iowa administrative 177 2 bulletin published immediately prior to that date, and the 177 3 director of the department shall deliver a copy of the notice 177 4 to the Iowa Code editor. 177 5 Sec. 258. 2002 Iowa Acts, Senate File 2293, section 66, is 177 6 amended to read as follows: 177 7 SEC. 66. INTERIM COUNTY PARTICIPATION AND CONTESTED 177 8 DECISIONS REPEAL. The section of this Act providing for 177 9 interim county participation in the approval of applications 177 10 for construction permits for confinement feeding operation 177 11 structures is repealed March 1, 2003,andincluding provisions 177 12 relating to the rights ofapplicants'applicants and boards of 177 13 supervisors to contest departmental decisions. However, the 177 14 provisions of the section shall continue to apply to 177 15 applications received by a county board of supervisors prior 177 16 to March 1, 2003. 177 17 Sec. 259. 2002 Iowa Acts, Senate File 2293, section 68, 177 18 subsection 1, paragraph c, is amended to read as follows: 177 19 c. Chapter 455B, division III, part 1, subpartAB, as 177 20 enacted in this Act, with the exception of section 455B.200, 177 21 as amended by this Act, and section 455B.207, as enacted by 177 22 this Act, shall be transferred to new chapter 456D, as 177 23 subchapter 3. 177 24 Sec. 260. 2002 Iowa Acts, Senate File 2293, section 68, is 177 25 amended by adding the following new subsections: 177 26 NEW SUBSECTION. 3. The Code editor shall transfer Code 177 27 chapter 460A to be part of Code chapter 455A or to be a new 177 28 Code chapter. 177 29 NEW SUBSECTION. 4. When transferring and consolidating 177 30 provisions as provided in this section, the Code editor may 177 31 reorganize the provisions provided in this section in a manner 177 32 other than that provided in this section in order to enhance 177 33 their readability. The Code editor shall publish in the 2003 177 34 Code the provisions of 2002 Iowa Acts, Senate File 2293, 177 35 designated for codification, regardless of the effective date 178 1 of the provisions. 178 2 Sec. 261. 2002 Iowa Acts, Senate File 2293, section 70, 178 3 subsection 1, paragraph b, is amended to read as follows: 178 4 b. The department has not received evidence that an 178 5 applicant or person submitting or required to submit a manure 178 6 management plan as provided in paragraph "a" of this 178 7 subsection2, has incurred commitments based on a reliance of 178 8 the law as the law existed on March 31, 2002. The commitments 178 9 must constitute a legal obligation for performance by the 178 10 person to construct a confinement feeding operation structure. 178 11 The applicant or other person required to submit the evidence 178 12 to the department must submit such evidence not later than 178 13 twenty-one days after theeffective dateenactment of this 178 14 Act. 178 15 Sec. 262. EFFECTIVE DATES. 178 16 1. Except as otherwise provided in subsection 2, this 178 17 division of this Act takes effect July 1, 2002. 178 18 2. a. The section of this division of this Act amending 178 19 2002 Iowa Acts, House File 2623, section 72, being deemed of 178 20 immediate importance, takes effect upon enactment. 178 21 b. The sections of this division of this Act amending 178 22 sections 455B.127, 455B.161, 455B.171, 455B.200, 455B.200A, 178 23 455B.200B, and 455B.203, as enacted by 2002 Iowa Acts, Senate 178 24 File 2293, and amending 2002 Iowa Acts, Senate File 2293, 178 25 being deemed of immediate importance, take effect upon 178 26 enactment. 178 27 c. The sections of this division of this Act amending 178 28 sections 455B.200C and 455B.200E, as enacted by 2002 Iowa 178 29 Acts, Senate File 2293, take effect on March 1, 2003. 178 30 DIVISION XIII 178 31 DRUG UTILIZATION REVIEW COMMISSION 178 32 Sec. 263. NEW SECTION. 249A.32 IOWA MEDICAL ASSISTANCE 178 33 DRUG UTILIZATION REVIEW COMMISSION – CREATED. 178 34 1. An Iowa medical assistance drug utilization review 178 35 commission is created within the department. The commission 179 1 membership, duties, and related provisions shall comply with 179 2 42 C.F.R. pt. 456, subpt. K. 179 3 2. In addition to any other duties prescribed, the 179 4 commission shall make recommendations to the council on human 179 5 services regarding strategies to reduce state expenditures for 179 6 prescription drugs under the medical assistance program 179 7 excluding provider reimbursement rates. The commission shall 179 8 make initial recommendations to the council by October 1, 179 9 2002. Following approval of any recommendation by the council 179 10 on human services, the department shall include the approved 179 11 recommendation in a notice of intended action under chapter 179 12 17A and shall comply with chapter 17A in adopting any rules to 179 13 implement the recommendation. The department shall seek any 179 14 federal waiver necessary to implement any approved 179 15 recommendation. The strategies to be considered for 179 16 recommendation by the commission shall include at a minimum 179 17 all of the following: 179 18 a. Development of a preferred drug formulary pursuant to 179 19 42 U.S.C. } 1396r-8. 179 20 b. Negotiation of supplemental rebates from manufacturers 179 21 that are in addition to those required by Title XIX of the 179 22 federal Social Security Act. For the purposes of this 179 23 paragraph, "supplemental rebates" may include, at the 179 24 department's discretion, cash rebates and other program 179 25 benefits that offset a medical assistance expenditure. 179 26 Pharmaceutical manufacturers agreeing to provide a 179 27 supplemental rebate as provided in this paragraph shall have 179 28 an opportunity to present evidence supporting inclusion of a 179 29 product on any preferred drug formulary developed. 179 30 c. Disease management programs. 179 31 d. Drug product donation programs. 179 32 e. Drug utilization control programs. 179 33 f. Prescriber and beneficiary counseling and education. 179 34 g. Fraud and abuse initiatives. 179 35 h. Pharmaceutical case management. 180 1 i. Services or administrative investments with guaranteed 180 2 savings to the medical assistance program. 180 3 j. Expansion of prior authorization for prescription drugs 180 4 and pharmaceutical case management under the medical 180 5 assistance program. 180 6 k. Any other strategy that has been approved by the United 180 7 States department of health and human services regarding 180 8 prescription drugs under the medical assistance program. 180 9 Sec. 264. EMERGENCY RULES. The department of human 180 10 services may adopt administrative rules under section 17A.4, 180 11 subsection 2, and section 17A.5, subsection 2, paragraph "b", 180 12 to implement section 249A.32 as created in this division of 180 13 this Act, and the rules shall become effective immediately 180 14 upon filing or on a later effective date specified in the 180 15 rules, unless the effective date is delayed by the 180 16 administrative rules review committee. Any rules adopted in 180 17 accordance with this section shall not take effect before the 180 18 rules are reviewed by the administrative rules review 180 19 committee. The delay authority provided to the administrative 180 20 rules review committee under section 17A.4, subsection 5, and 180 21 section 17A.8, subsection 9, shall be applicable to a delay 180 22 imposed under this section, notwithstanding a provision in 180 23 those sections making them inapplicable to section 17A.5, 180 24 subsection 2, paragraph "b". Any rules adopted in accordance 180 25 with this section shall also be published as notice of 180 26 intended action as provided in section 17A.4. 180 27 Sec. 265. TRANSITION PROVISIONS. The department of human 180 28 services shall continue to contract with the peer review 180 29 organization, with which the department held a contract to 180 30 carry out the duties of the Iowa Medicaid drug utilization 180 31 review commission prior to the effective date of this division 180 32 of this Act in order to carry out the duties of the commission 180 33 after that date. 180 34 The Iowa Medicaid drug utilization review commission 180 35 existing on the effective date of this division of this Act 181 1 shall act as the Iowa medical assistance drug utilization 181 2 review commission as created in this division of this Act. 181 3 Sec. 266. EFFECTIVE DATE. This division of this Act, 181 4 being deemed of immediate importance, takes effect upon 181 5 enactment. 181 6 EXPLANATION 181 7 DIVISION I - This division of this bill relates to and 181 8 appropriates moneys to various state departments, agencies, 181 9 funds, and certain other interstate and national entities for 181 10 the fiscal year beginning July 1, 2002, and ending June 30, 181 11 2003. 181 12 The state departments and agencies include the auditor of 181 13 state, Iowa ethics and campaign disclosure board, department 181 14 of commerce, department of general services, office of 181 15 governor including the lieutenant governor and Terrace Hill 181 16 quarters, department of inspections and appeals, department of 181 17 management, department of personnel, Iowa public employees' 181 18 retirement system, department of revenue and finance, 181 19 secretary of state, and treasurer of state. 181 20 Division I also appropriates funding for the state's 181 21 membership on the national governors association and for the 181 22 ready to work program coordinator. 181 23 Division I also makes related statutory changes. 181 24 Code section 7D.33, concerning the state employee 181 25 suggestion program, is amended to increase the maximum payment 181 26 to an employee for implementation of a cost savings suggestion 181 27 from $2,500 to $25,000. 181 28 Code section 476.53 is amended to provide that the 181 29 utilities board and the consumer advocate can expend 181 30 additional moneys to provide temporary staff necessary to 181 31 perform certain functions, including review of ratemaking 181 32 principles proposed for construction of a new generating 181 33 facility. 2001 Iowa Acts, First Extraordinary Session, 181 34 chapter 5, section 1, currently grants this authority to the 181 35 board and the consumer advocate and the language currently in 182 1 the Acts is transferred to the Code section and the session 182 2 law provision from the 2001 First Extraordinary Session is 182 3 then repealed. 182 4 Code section 505.7 is amended to permit the insurance 182 5 division to expend additional funds to perform the statutory 182 6 duties of the division if those additional funds will be 182 7 collected from moneys and fees collected by the division. 182 8 Code section 546.10, relating to the establishment and 182 9 administration of the professional licensing division, is 182 10 amended by adding provisions appropriating 85 percent of any 182 11 amount representing an increase in funding implemented by 182 12 licensing boards or commissions listed in the Code section to 182 13 the division for allocation to the boards or commissions for 182 14 the fiscal year beginning July 1, 2002, and succeeding fiscal 182 15 years. 182 16 Division I takes effect July 1, 2002. 182 17 DIVISION II - This division of this bill relates to 182 18 agriculture and natural resources by making appropriations to 182 19 support related entities, including the department of 182 20 agriculture and land stewardship and the department of natural 182 21 resources. 182 22 Division II appropriates moneys to the department of 182 23 agriculture and land stewardship and the department of natural 182 24 resources. The appropriations are made to support 182 25 administration of those departments. The division also 182 26 provides moneys for specific programs administered by those 182 27 departments. The division appropriates moneys from a number 182 28 of sources, including the general fund of the state and the 182 29 state fish and game protection fund. 182 30 For the department of agriculture and land stewardship, 182 31 moneys are appropriated and full-time equivalent positions 182 32 authorized in order to support its divisions (the 182 33 administrative division, the regulatory division, the 182 34 laboratory division, and the soil conservation division). 182 35 Division II appropriates moneys to support animal industry 183 1 programs, including a program to regulate horse and dog racing 183 2 by the department of agriculture and land stewardship. The 183 3 division appropriates moneys to support the department of 183 4 agriculture and land stewardship for membership in a river 183 5 association and for the administration of a project in 183 6 conjunction with the Iowa corn growers association. 183 7 For the department of natural resources, moneys are 183 8 appropriated or full-time equivalent positions authorized in 183 9 order to support its divisions (the administrative and support 183 10 services division, the parks and preserves division, the 183 11 forests and forestry division, the energy and geological 183 12 resources division, and the environmental protection 183 13 division). The department is required to use appropriated 183 14 moneys to support specific purposes, including for parks and 183 15 preserves and for animal feeding operations. 183 16 Division II makes appropriations from other funds and 183 17 accounts. The division appropriates moneys to the department 183 18 of natural resources from the state fish and game protection 183 19 fund for support of the division of fish and wildlife. The 183 20 division makes an appropriation from moneys transferred to the 183 21 state fish and game protection fund to support snowmobile 183 22 programs and enforce state navigation laws administered by the 183 23 department of natural resources. 183 24 An appropriation is made from the unassigned revenue fund 183 25 administered by the Iowa comprehensive underground storage 183 26 tank fund board to the department of natural resources for 183 27 administration and expenses of the underground storage tank 183 28 section. 183 29 Division II provides that the department of natural 183 30 resources may use additional funds for staffing to reduce the 183 31 department's floodplain permit backlog. It provides that the 183 32 department may use additional funds available from stormwater 183 33 discharge permit fees for staffing required to implement the 183 34 federal maximum daily load program. 183 35 Division II takes effect July 1, 2002. 184 1 DIVISION III - This division of this bill makes 184 2 appropriations and transfers from the general fund of the 184 3 state to the department of economic development, the 184 4 university of Iowa, the university of northern Iowa, Iowa 184 5 state university, the department of workforce development, and 184 6 the public employment relations board for the 2002-2003 fiscal 184 7 year. 184 8 Division III provides that the goals for the department of 184 9 economic development shall be to expand and stimulate the 184 10 state economy, increase the wealth of Iowans, and increase the 184 11 population of the state. The division provides that the 184 12 department of economic development shall demonstrate 184 13 accountability by using performance measures appropriate to 184 14 show the attainment of the goals for the state and by 184 15 measuring the effectiveness and results of the department's 184 16 programs and activities. 184 17 Division III appropriates from loan repayments on loans 184 18 under the former rural community 2000 program to the 184 19 department of economic development moneys for providing 184 20 financial assistance to Iowa's councils of governments that 184 21 provide technical and planning assistance to local governments 184 22 and for the rural development program for the purposes of the 184 23 program including the rural enterprise fund and collaborative 184 24 skills development training. 184 25 Division III appropriates moneys collected by the division 184 26 of insurance in excess of the anticipated gross revenues to 184 27 the department of economic development for purposes of 184 28 insurance economic development and international insurance 184 29 economic development. 184 30 Division III appropriates moneys from the community 184 31 attraction and tourism fund to the department of economic 184 32 development for tourism operations. 184 33 Division III appropriates moneys from the Iowa community 184 34 development loan fund to the department of economic 184 35 development for purposes of the community development program. 185 1 Division III appropriates moneys from the workforce 185 2 development fund account to the workforce development fund. 185 3 Division III provides that moneys appropriated or 185 4 transferred to or receipts credited to the workforce 185 5 development fund may be used for administration of workforce 185 6 development activities. 185 7 Division III provides that all moneys remaining in the job 185 8 training fund on July 1, 2002, and any moneys appropriated or 185 9 credited to the fund during the fiscal year beginning July 1, 185 10 2002, shall be transferred to the workforce development fund. 185 11 Division III appropriates moneys from the administrative 185 12 contribution surcharge fund to the department of workforce 185 13 development for salaries, support, maintenance, conducting 185 14 labor market surveys, miscellaneous purposes, and for 185 15 workforce development regional advisory board member expenses. 185 16 Division III appropriates moneys from the special 185 17 employment security contingency fund to the department of 185 18 workforce development for the division of workers' 185 19 compensation, immigration service centers, and labor market 185 20 information. 185 21 Division III strikes a standing limited appropriation from 185 22 the value-added agricultural products and processes financial 185 23 assistance fund to the office of renewable fuels and 185 24 coproducts and makes related Code changes. The division 185 25 provides that the office of renewable fuels and coproducts may 185 26 apply to the department of economic development for moneys in 185 27 the value-added agricultural products and processes financial 185 28 assistance fund for deposit in the renewable fuels and 185 29 coproducts fund. 185 30 Division III extends for one additional fiscal year the 185 31 nonreversion of moneys appropriated in 2000 Iowa Acts, chapter 185 32 1230, from the administrative contribution surcharge fund to 185 33 the department of workforce development for matching funds for 185 34 welfare-to-work grants. 185 35 Division III provides that the auditor of state is 186 1 requested to review the audit of the Iowa finance authority 186 2 performed by the auditor hired by the authority. The division 186 3 provides that the auditor of state is also requested to 186 4 conduct a performance audit of the authority to determine the 186 5 effectiveness of the authority and the programs of the 186 6 authority. 186 7 Division III provides that, for the fiscal year beginning 186 8 July 1, 2002, any entity that was specifically identified in 186 9 2001 Iowa Acts, chapter 188, to receive funding from the 186 10 department of economic development, excluding any entity 186 11 identified to receive a direct appropriation beginning July 1, 186 12 2002, may apply to the department for assistance through the 186 13 appropriate program. 186 14 Division III provides that the department of economic 186 15 development, the department of workforce development, and the 186 16 regents institutions receiving an appropriation pursuant to 186 17 this division shall file a written report on a quarterly basis 186 18 with the chairpersons and ranking members of the joint 186 19 appropriations subcommittee on economic development and the 186 20 legislative fiscal bureau regarding all expenditures of moneys 186 21 appropriated pursuant to this division during the quarter, 186 22 allocations of moneys appropriated pursuant to this division 186 23 during the quarter, and full-time equivalent positions 186 24 allocated during the quarter. 186 25 Division III provides that an entity filing the employer's 186 26 contribution and payroll report form and any other 186 27 unemployment insurance forms on behalf of multiple accounts 186 28 shall be allowed to submit one check for these accounts. 186 29 Division III provides that, in providing moneys from the 186 30 shelter assistance fund to homeless shelter programs, the 186 31 department of economic development shall explore the potential 186 32 of allocating moneys to programs based in part on their 186 33 ability to move their clients toward self-sufficiency. 186 34 Division III requires the department of economic 186 35 development to submit a report identifying any moneys received 187 1 from the ISCC liquidation corporation. 187 2 Division III provides that all federal grants to and the 187 3 federal receipts of agencies appropriated funds under this 187 4 division, not otherwise appropriated, are appropriated for the 187 5 purposes set forth in the federal grants or receipts unless 187 6 otherwise provided. 187 7 Division III appropriates moneys from moneys credited to 187 8 the state by the secretary of the treasury of the United 187 9 States pursuant to the Social Security Act to the department 187 10 of workforce development for the administration of the 187 11 unemployment compensation program only. 187 12 Division III reduces the standing limited appropriation for 187 13 the school-to-career program employer refunds. 187 14 Division III takes effect July 1, 2002. 187 15 DIVISION IV - This division of this bill reduces or 187 16 eliminates state moneys appropriated for fiscal year 2002-2003 187 17 from the general fund of the state to the college student aid 187 18 commission, the department of cultural affairs, and the 187 19 department of education as enacted in 2002 Iowa Acts, Senate 187 20 File 2326. 187 21 Division IV eliminates state funding Senate File 2326 187 22 appropriated to the college student aid commission for 187 23 purposes of forgivable loans for the Des Moines university – 187 24 osteopathic medical center and the chiropractic graduate 187 25 student forgivable loan program. 187 26 Division IV reduces state funding that Senate File 2326 187 27 appropriated to the department of cultural affairs for 187 28 purposes of its administration, arts, and historical divisions 187 29 and for purposes of community cultural grants. 187 30 Division IV reduces the moneys Senate File 2326 187 31 appropriated to the department of education for purposes of 187 32 the department's general administration, vocational education 187 33 administration, board of educational examiners, division of 187 34 vocational rehabilitation services, independent living, state 187 35 library for general administration and the enrich Iowa 188 1 program, library service area system, public broadcasting 188 2 division, and the Iowa empowerment fund. The division 188 3 eliminates funding Senate File 2326 appropriated to the 188 4 department for purposes of providing support to assist a 188 5 vocational education youth organization statewide school-to- 188 6 work implementation, jobs for America's graduates, and the 188 7 americorps after-school initiative. 188 8 Division IV also amends the Code, as amended by Senate File 188 9 2326, to reduce the amount of state assistance for Iowa 188 10 tuition grants. 188 11 Division IV expands the operation recognition program to 188 12 include, in addition to the veterans of World War II, the 188 13 veterans of World War I and the Korean and Vietnam conflicts. 188 14 The program is administered by the department of education and 188 15 its purpose is to award honorary high school diplomas to 188 16 honorably discharged veterans who are residents or former 188 17 residents of the state and who left high school prior to 188 18 graduation to enter U.S. military service. Diplomas may be 188 19 issued posthumously. This provision takes effect upon 188 20 enactment. 188 21 Division IV also permanently eliminates the community 188 22 college vocational-technical technology improvement program. 188 23 Division IV takes effect July 1, 2002, except where 188 24 otherwise provided. 188 25 DIVISION V - This division of this bill makes 188 26 appropriations for the 2002-2003 fiscal year to the department 188 27 for the blind, the Iowa state civil rights commission, the 188 28 state commission of veterans affairs, the governor's office of 188 29 drug control policy, and the departments of elder affairs, 188 30 public health, and human rights. 188 31 Division V includes authority for the Iowa department of 188 32 public health to retain fees as necessary, to reduce the 188 33 number of days necessary to process medical license requests 188 34 and to consider malpractice cases. These fees are collected 188 35 pursuant to Code section 147.80 by the board of medical 189 1 examiners in the fiscal year beginning July 1, 2002, and 189 2 ending June 30, 2003. 189 3 Division V further provides that the Iowa veterans home 189 4 shall operate with a net state general fund appropriation, and 189 5 that general fund moneys may be used for cash flow management 189 6 purposes. 189 7 Division V extends the vital records modernization project 189 8 to June 30, 2003, and the scope of practice review project to 189 9 July 1, 2003. 189 10 Division V provides that the department for the blind, the 189 11 Iowa state civil rights commission, the department of elder 189 12 affairs, the Iowa department of public health, the department 189 13 of human rights, the governor's office of drug control policy, 189 14 and the commission of veterans affairs shall submit a report 189 15 to the chairpersons and ranking members of the joint 189 16 appropriations subcommittee on health and human rights 189 17 providing all management to staff ratios of all funded 189 18 positions as of January 13, 2003. 189 19 Division V further provides for the aforementioned agencies 189 20 to develop program performance budget measures to include, but 189 21 not be limited to, the development and tracking of demand, 189 22 workload, productivity, and effectiveness performance 189 23 indicators for each program, including minority and gender- 189 24 based programs. 189 25 Division V repeals the community grant fund. 189 26 Division V takes effect July 1, 2002. 189 27 DIVISION VI - This division of this bill makes 189 28 appropriations for the 2002-2003 fiscal year for the 189 29 department of human services and includes other appropriations 189 30 and provisions involving human services and health care. 189 31 In new Code section 249A.20A, the division requires that 189 32 beginning October 1, 2002, all licensed nursing facilities are 189 33 to be certified under both the federal Medicare program and 189 34 the medical assistance program as a condition for 189 35 participation in the medical assistance program. The division 190 1 directs the department, in consultation with nursing facility 190 2 provider organizations to adopt rules to establish criteria 190 3 for individual exceptions to the dual certification 190 4 requirement. 190 5 Division VI amends Code section 252B.4 to increase the 190 6 application fee for nonpublic assistance clients of the child 190 7 support recovery unit from $5 to $25. 190 8 Division VI addresses the county mental health, mental 190 9 retardation, and developmental disabilities allowed growth 190 10 factor adjustment. Under Code section 331.439, the statute 190 11 establishing the adjustment must be enacted during the fiscal 190 12 year in progress two years prior to the fiscal year to which 190 13 the adjustment is applicable. The division amends the 190 14 adjustment previously enacted during the 2001 legislative 190 15 session for fiscal year 2002-2003. 190 16 Under 2001 Iowa Acts, chapter 176, the growth factor 190 17 adjustment for fiscal year 2002-2003 was to be distributed by 190 18 law in lieu of the distribution formula in Code sections 190 19 331.438 and 331.439. The division provides allocation amounts 190 20 to be used for calculating preliminary distribution amounts in 190 21 accordance with statutory formulas. After a preliminary 190 22 amount is determined using the formulas, a withholding amount 190 23 is applied, based upon a county's MH/DD community services 190 24 fund balance at the close of the previous fiscal year. A 190 25 county must comply with a financial reporting deadline. 190 26 Division VI also provides that moneys appropriated from 190 27 various sources to the medical assistance program for fiscal 190 28 year 2001-2002 and fiscal year 2002-2003 that are in excess of 190 29 actual expenditures are to be transferred to the senior living 190 30 trust fund as repayment of amounts not otherwise repaid. 190 31 Division VI takes effect July 1, 2002, except for various 190 32 provisions that take effect upon enactment. 190 33 DIVISION VII - This division of this bill makes 190 34 appropriations for fiscal year 2002-2003 from the general fund 190 35 of the state to the departments of justice, corrections, 191 1 public defense, and public safety, Iowa law enforcement 191 2 academy, office of the state public defender, Iowa 191 3 telecommunications and technology commission, and the board of 191 4 parole. 191 5 Division VII creates new Code section 99D.14A which 191 6 provides that a licensee for pari-mutuel wagering shall pay 191 7 all the salary costs and direct and indirect support costs 191 8 which exceed $30,000 incurred by the division of criminal 191 9 investigations for the enforcement of laws pertaining to pari- 191 10 mutuel wagering. Under current law, a licensee pays 80 191 11 percent of the salary costs of the division of criminal 191 12 investigations, and that money is deposited into the rebuild 191 13 Iowa infrastructure fund. The division provides that 20 191 14 percent of the salary costs shall be deposited into the 191 15 general fund of the state. 191 16 Division VII creates new Code section 99F.10A which 191 17 provides that an excursion boat licensee shall pay all the 191 18 salary costs and direct and indirect support costs which 191 19 exceed $125,000 incurred by special agents and all the salary 191 20 costs for gaming enforcement personnel of the division of 191 21 criminal investigations for the enforcement pertaining to 191 22 excursion boats. Under current law, a licensee pays a total 191 23 of 80 percent of the salary costs of the special agents and 80 191 24 percent of the salary costs of gaming enforcement personnel of 191 25 the division of criminal investigations, and the moneys are 191 26 then deposited into the rebuild Iowa infrastructure fund. The 191 27 division provides that 20 percent of the salary costs shall be 191 28 deposited into the general fund of the state. 191 29 Division VII permits the director of the department of 191 30 corrections to transfer moneys from Iowa prison industries for 191 31 use in inmate educational programs. 191 32 Division VII eliminates certain restrictions placed on drug 191 33 courts established during the 2001-2002 state fiscal year in 191 34 2001 Iowa Acts, chapter 186, section 6, subsection 6. The 191 35 restrictions eliminated by the division require drug courts to 192 1 be offered only to persons who have been convicted of a crime 192 2 and to give priority to felons over misdemeanants. This 192 3 section of division VII takes effect upon enactment. 192 4 Division VII amends 2001 Iowa Acts, chapter 186, section 192 5 21, by providing that any unobligated moneys appropriated to 192 6 the state fire marshal for fire protection services do not 192 7 revert to the general fund until the end of fiscal year 2002- 192 8 2003. This section of division VII takes effect upon 192 9 enactment. 192 10 Division VII takes effect July 1, 2002, except as otherwise 192 11 provided. 192 12 DIVISION VIII - This division of this bill makes 192 13 appropriations for the 2002-2003 fiscal year to the judicial 192 14 branch. 192 15 Division VIII includes a reduction in the percentage of the 192 16 state's contribution to the judicial retirement fund for FY 192 17 2002-2003. 192 18 Division VIII eliminates the requirements that moneys be 192 19 paid out of the enhanced court collections fund for 192 20 implementation of the justice data warehouse if sufficient 192 21 moneys are not made available to the justice data warehouse. 192 22 Division VIII creates a study committee in the supreme 192 23 court to review the operation of the clerks of the district 192 24 court in each county and, until the study committee report is 192 25 submitted, prohibits appointment of a clerk of court unless 192 26 the appointment is approved by the state court administrator. 192 27 Division VIII takes effect July 1, 2002. 192 28 DIVISION IX - This division of this bill reduces certain 192 29 standing appropriations presently in the Code by specific 192 30 dollar amounts. These standing appropriations are: the 192 31 general assembly and its agencies and the state appeal board. 192 32 Division IX also limits standing appropriations presently 192 33 in the Code to specific dollar amounts. These standing 192 34 appropriations are: personal property tax replacement; 192 35 franchise tax allocation; payment of livestock production 193 1 credit refunds; and reimbursements for homestead credits, 193 2 agricultural land tax credit, family farm tax credit, and for 193 3 the elderly and disabled tax credit and renter's 193 4 reimbursement; and public transit assistance. 193 5 Division IX transfers moneys from other funds to the 193 6 general fund of the state. These funds are the vehicle fleet 193 7 depreciation, groundwater protection, jury and witness fees, 193 8 rebuild Iowa infrastructure, and environment first funds and 193 9 the endowment for Iowa's health account. The division also 193 10 appropriates additional funds to the medical assistance 193 11 program from the senior living trust fund. 193 12 Division IX takes effect July 1, 2002. 193 13 Division X - This division of this bill relates to 193 14 appropriations and transfers from the school infrastructure 193 15 fund, county sales and services tax fund, rebuild Iowa 193 16 infrastructure fund, and the environment first fund. The 193 17 sections of the division relating to the school infrastructure 193 18 and county sales and services tax fund do not take effect 193 19 unless the treasurer of state determines that the 193 20 appropriation from the school infrastructure fund will not 193 21 adversely affect the tax-exempt status of any outstanding 193 22 bonds issued for the school infrastructure program. These 193 23 sections include an appropriation from the school 193 24 infrastructure fund to the department of revenue and finance 193 25 for replacement of county sales and services tax revenues that 193 26 are transferred to the general fund of the state. 193 27 The remainder of division X reduces previously enacted 193 28 appropriations from the rebuild Iowa infrastructure fund and 193 29 the environment first fund. The division provides legislative 193 30 intent for funding of lake dredging projects. The division 193 31 also modifies the purposes for which moneys appropriated from 193 32 the environment first fund to the Iowa resources enhancement 193 33 and protection fund may be used. 193 34 Division X takes effect July 1, 2002, except as otherwise 193 35 provided. 194 1 DIVISION XI - This division of this bill relates to vacant 194 2 state employee positions, printed documents, creation of a 194 3 program elimination commission, and employee furloughs. 194 4 Division XI requires that effective July 1, 2002, any full- 194 5 time equivalent position authorized in an executive branch 194 6 table of organization that has been vacant for 12 months or 194 7 more shall be eliminated from that table of organization. 194 8 For fiscal year 2002-2003, unless specifically authorized 194 9 by a collective bargaining agreement, an executive or judicial 194 10 branch agency is prohibited from providing an employee with a 194 11 subsidy or reimbursement for a class or other course of study 194 12 leading to an advanced degree. 194 13 For fiscal year 2002-2003, the bill suspends requirements 194 14 in law or rule that would otherwise require the executive or 194 15 judicial branches to issue reports, minutes, and other 194 16 documents of an informational nature in printed form. 194 17 However, such documents must be provided in printed form upon 194 18 request and, if possible, are required to be made available by 194 19 internet posting, electronic mail, or other electronic means 194 20 in lieu of printed form. 194 21 Division XI establishes a program elimination commission to 194 22 include the auditor of state with other members to be 194 23 appointed by legislative leaders, the governor, the chief 194 24 justice of the supreme court, and the legislative council. 194 25 The commission is directed to consider options for elimination 194 26 of programs and functions funded in whole or part by state or 194 27 local public revenues with the goal of identifying savings of 194 28 2 percent for the general fund. In addition, the commission 194 29 is required to consider sale of public assets or providing for 194 30 performance of public functions on behalf of government by 194 31 nongovernmental entities, with various functions identified 194 32 for consideration. 194 33 The commission must issue its report by December 31, 2002, 194 34 providing recommendations and findings. The recommendations 194 35 are required to be prepared in bill form. Legislative intent 195 1 is stated for the commission's bill to be referred to 195 2 committees on state government of the senate and house of 195 3 representatives and that the bill be subject to debate 195 4 according to procedures that only allow amendments of a purely 195 5 corrective nature that are recommended by a committee on state 195 6 government. Unless continued by the legislative council or by 195 7 law, the commission is dissolved on December 31, 2002. 195 8 Division XI makes reductions in the judicial, executive, 195 9 and legislative branches by requiring furloughs or other cost 195 10 reductions equal to the furlough cost savings of a one-half- 195 11 day furlough per employee per calendar month. Executive and 195 12 judicial branch officials and legislators whose salaries are 195 13 specifically set by law are subject to a 2.5 percent reduction 195 14 in salary for the period beginning June 21, 2002, through June 195 15 19, 2003. 195 16 Division XI also adjusts the appropriations from the 195 17 general fund of the state and the tobacco settlement trust 195 18 account for tuition replacement, debt service for the Iowa 195 19 communications network, and prison infrastructure bonds for 195 20 the 2001-2002 fiscal year and the 2002-2003 fiscal year. 195 21 Division XI increases from $3 million to $4.2 million the 195 22 total amount of accelerated career education program job 195 23 credits for all employers during the 2002-2003 fiscal year. 195 24 The new jobs tax credits under the individual and corporate 195 25 income taxes are limited to those Code chapter 260E agreements 195 26 finalized prior to July 1, 2002. 195 27 Division XI takes effect July 1, 2002, except for the 195 28 provisions applying operational reductions to executive, 195 29 judicial, and legislative branches of state government, which 195 30 take effect June 21, 2002. 195 31 DIVISION XII - This division of this bill relates to state 195 32 government authority by providing for correction and 195 33 reenactment of statutes including penalty provisions. 195 34 The amendments to Code sections 16.131, 16.132, and 456A.17 195 35 relate to the changing of the name of the department of 196 1 natural resources' Iowa sewage treatment and drinking water 196 2 facilities financing program to the Iowa water pollution 196 3 control and drinking water facilities financing program and 196 4 other changes to the program enacted in 2002 Iowa Acts, Senate 196 5 File 2145. 196 6 The amendment in 2002 Iowa Acts, House File 2623, to Code 196 7 section 124.401A, relating to enhanced penalties for 196 8 distribution of controlled substances in proximity to schools 196 9 and other public facilities involving children and applying 196 10 the same penalties for manufacturing with intent to 196 11 distribute, is reenacted. 196 12 The amendment in 2002 Iowa Acts, House File 2623, striking 196 13 Code section 124.409, subsection 1, which eliminates the 196 14 authority of the court to order probation in certain 196 15 controlled substance possession or accommodation cases, is 196 16 reenacted. 196 17 Code section 225C.5, relating to the membership of the 196 18 mental health and developmental disabilities commission, as 196 19 amended by 2002 Iowa Acts, House File 2430, is amended to 196 20 eliminate superfluous language. 196 21 Under 2002 Iowa Acts, Senate File 2325, the state citizen 196 22 foster care review board name was changed to the child 196 23 advocacy board and the membership was expanded to include a 196 24 judicial branch employee or judicial officer appointed from 196 25 nominees submitted by the judicial branch. Code section 196 26 237.16, subsection 3, which provides that an employee of the 196 27 district court is ineligible for membership on the board, is 196 28 amended to provide eligibility for the judicial branch 196 29 employee or judicial officer appointed from nominees submitted 196 30 by the judicial branch. 196 31 Code section 321J.22, as amended by 2002 Iowa Acts, House 196 32 File 2515, is amended to specify that the driver's education 196 33 expenses defrayed by the authorized fees are the expenses of 196 34 the department of education. 196 35 Code section 455B.133, subsection 10, in 2002 Iowa Acts, 197 1 Senate File 2325, relating to a controlled burn of a 197 2 demolished building, is amended to complete a reference to 197 3 "particulate matter". 197 4 The amendment in 2002 Iowa Acts, House File 2363, to Code 197 5 section 724.26, relating to possession of a firearm by a 197 6 convicted felon, that makes a technical correction, is 197 7 reenacted. 197 8 A provision in 2002 Iowa Acts, House File 2615, providing 197 9 for nonreversion of an appropriation for implementation of the 197 10 federal Health Insurance Portability and Accountability Act, 197 11 is amended to correct a date reference for the fiscal year. 197 12 A provision of 2002 Iowa Acts, House File 2623, relating to 197 13 an effective date for a provision providing for group foster 197 14 care budget targets, is amended to include omitted language. 197 15 This provision takes effect upon enactment. 197 16 Division XII repeals two provisions of 2002 Iowa Acts, 197 17 Senate File 2275, generally referred to as the "Code editor's 197 18 bill", that were affected by other substantive legislation 197 19 passed in the 2002 legislative session, namely House File 197 20 2416, section 10 and Senate File 2279, section 24. The 197 21 provisions repealed relate to certificate of need and a 197 22 reference to a county mutual insurance association. 197 23 Division XII amends provisions in 2002 Iowa Acts, Senate 197 24 File 2293, that provide for the regulation of animal feeding 197 25 operations by the department of natural resources under Code 197 26 chapter 455B, division III, part 1, subpart B, including new 197 27 Code section 455B.127 that establishes an animal agriculture 197 28 compliance fund to pay for the expenses of the department in 197 29 administering and enforcing provisions relating to animal 197 30 agriculture. This division amends an internal reference in 197 31 2002 Iowa Acts, Senate File 2293, that incorrectly provides 197 32 that the provisions affecting animal agriculture are located 197 33 in subpart A. 197 34 Division XII amends a provision in Code section 455B.161 as 197 35 amended in Senate File 2293 that refers to a definition of 198 1 "spray irrigation equipment". The same definition is provided 198 2 in Code section 455B.171. 2002 Iowa Acts, Senate File 2293, 198 3 directs the Code editor to consolidate and transfer provisions 198 4 in Code chapter 455B into a new Code chapter. This division 198 5 strikes the definition of "spray irrigation equipment" in Code 198 6 section 455B.161 because it will be duplicative once the 198 7 provisions are consolidated and transferred into the new Code 198 8 chapter. For the same reason the division eliminates a 198 9 reference to "earthen manure storage basin" defined in section 198 10 455B.171. The amendment in 2002 Iowa Acts, Senate File 2293, 198 11 amending Code section 455B.200, relating to the authority of 198 12 the department of natural resources and the attorney general's 198 13 office to enforce the provisions of the bill after they are 198 14 transferred to a new Code chapter, strikes a reference to the 198 15 term "section", and substitutes the term "chapter". 198 16 The amendment in 2002 Iowa Acts, Senate File 2293, amending 198 17 Code section 455B.200A, relating to the approval of 198 18 construction permits for confinement feeding operation 198 19 structures is amended by adding the term "structure" in order 198 20 to be consistent with the other provisions of the Code 198 21 section. 198 22 The amendments in 2002 Iowa Acts, Senate File 2293, 198 23 amending Code section 455B.200B, restricting the construction 198 24 of confinement feeding operation structures on floodplains is 198 25 amended by adding the term "structure" in order to be 198 26 consistent with the other provisions of the Code section. The 198 27 amendment also corrects an internal reference. 198 28 The amendments in 2002 Iowa Acts, Senate File 2293, 198 29 enacting Code section 455B.200C, requiring that a construction 198 30 design statement must be filed by a person responsible for 198 31 constructing formed manure storage structures, is amended by 198 32 substituting the term "contractor" with "person responsible 198 33 for constructing the formed manure storage structure" in order 198 34 to be consistent with the other provisions of the Code 198 35 section. 199 1 The amendments in 2002 Iowa Acts, Senate File 2293, 199 2 enacting Code section 455B.200E, providing for the use of a 199 3 master matrix by county boards of supervisors in evaluating 199 4 construction permit applications, is amended by striking 199 5 superfluous language. 199 6 The amendments in 2002 Iowa Acts, Senate File 2293, 199 7 amending Code section 455B.203, providing for manure 199 8 management plans filed with a construction permit application, 199 9 is amended by specifically referring to the application. 199 10 The amendments in 2002 Iowa Acts, Senate File 2293, 199 11 amending Code section 455B.203, providing for a phased-in 199 12 implementation schedule for the submission of manure 199 13 management plans containing a phosphorus index, is amended by 199 14 correcting an internal reference. 199 15 The amendments in 2002 Iowa Acts, Senate File 2293, 199 16 enacting section 66 of the Act, repealing the interim process 199 17 for a county board of supervisors to participate in the 199 18 approval of construction permit applications and the rights of 199 19 a board or applicant to contest a departmental decision, is 199 20 amended by specifically referring to applications, and 199 21 clarifying that the provisions relate to the rights of 199 22 applicants and boards of supervisors. 199 23 Division XII provides limited discretion to the Code editor 199 24 to complete the transfer of provisions in Code chapter 455B as 199 25 amended in 2002 Iowa Acts, Senate File 2293, in order to 199 26 enhance the provisions' readability. This is the same general 199 27 discretion that the Code editor has under Code section 2B.13. 199 28 The division also directs the Code editor to publish the 199 29 provisions of 2002 Iowa Acts, Senate File 2293, in the 2003 199 30 Code, but does not change the effective dates of provisions 199 31 that are delayed until March 1, 2003. 199 32 The amendments in 2002 Iowa Acts, Senate File 2293, 199 33 enacting section 70 of the Act, providing for the retroactive 199 34 application of provisions affecting construction permits, is 199 35 amended by correcting an internal reference and substituting 200 1 the term "enactment" for "effective date" due to the various 200 2 effective dates provided in the Act. 200 3 DIVISION XIII - This division of this bill creates an Iowa 200 4 medical assistance drug utilization review commission within 200 5 the department of human services. The membership, duties, and 200 6 related provisions are to comply with federal regulations. 200 7 The commission is charged with making recommendations to the 200 8 council on human services regarding strategies to reduce state 200 9 expenditures for prescription drugs, excluding provider 200 10 reimbursement rates, under the medical assistance program. 200 11 The commission is directed to make initial recommendations by 200 12 October 1, 2002. Any recommendation approved by the council 200 13 on human services is to be included in a notice of intended 200 14 action under Code chapter 17A. The division directs the 200 15 department of human services to seek any federal waiver 200 16 necessary to implement the approved recommendations. The 200 17 strategies to be considered for recommendation by the 200 18 commission are to include, at a minimum, development of a 200 19 preferred drug formulary in compliance with federal law, 200 20 negotiation of supplemental rebates from pharmaceutical 200 21 manufacturers in addition to those rebates provided under the 200 22 Medicaid program, disease management programs, drug product 200 23 donation programs, drug utilization control programs, 200 24 prescriber and beneficiary counseling and education, fraud and 200 25 abuse initiatives, pharmaceutical case management, services or 200 26 administrative investments with guaranteed savings to the 200 27 medical assistance program, expansion of prior authorization 200 28 for prescription drugs and pharmaceutical case management 200 29 under the medical assistance program, and any other strategy 200 30 that has been approved by the United States department of 200 31 health and human services regarding prescription drugs under 200 32 the medical assistance program. The division provides 200 33 transition provisions, emergency rulemaking provisions, and 200 34 takes effect upon enactment. 200 35 LSB 7314SV 79 201 1 mg/cf/24
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