Text: SSB03197                          Text: SSB03199
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3198

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                    COMPENSATION AND BENEFITS
  1  3    Section 1.  
  1  4    1.  STATE BOARD OF REGENTS DEMUTUALIZATION PROCEEDS
  1  5 TRANSFER.  The state board of regents shall transfer by June
  1  6 1, 2002, to the treasurer of state for deposit in the salary
  1  7 adjustment fund the sum of $30,000,000 from the proceeds
  1  8 received by the state board of regents as a result of the
  1  9 demutualization of the principal mutual holding company.  The
  1 10 amount transferred represents the portion of the funds
  1 11 utilized by the state board of regents institutions for
  1 12 employer contributions toward the premiums on insurance
  1 13 policies which were paid from state general fund
  1 14 appropriations for previous fiscal years.
  1 15    2.  COLLECTIVE BARGAINING AGREEMENTS FUNDED – REGENTS
  1 16 DEMUTUALIZATION PROCEEDS.  The state board of regents
  1 17 demutualization proceeds transferred pursuant to subsection 1
  1 18 to the salary adjustment fund are appropriated and shall be
  1 19 distributed by the department of management to the various
  1 20 state departments, boards, commissions, councils, and
  1 21 agencies, including the state board of regents, for the fiscal
  1 22 year beginning July 1, 2002, and ending June 30, 2003, in the
  1 23 amount of $30,000,000, or so much thereof as may be necessary,
  1 24 to fully fund the following annual pay adjustments, expense
  1 25 reimbursements, and related benefits:
  1 26    a.  The collective bargaining agreement negotiated pursuant
  1 27 to chapter 20 for employees in the blue collar bargaining
  1 28 unit.
  1 29    b.  The collective bargaining agreement negotiated pursuant
  1 30 to chapter 20 for employees in the public safety bargaining
  1 31 unit.
  1 32    c.  The collective bargaining agreement negotiated pursuant
  1 33 to chapter 20 for employees in the security bargaining unit.
  1 34    d.  The collective bargaining agreement negotiated pursuant
  1 35 to chapter 20 for employees in the technical bargaining unit.
  2  1    e.  The collective bargaining agreement negotiated pursuant
  2  2 to chapter 20 for employees in the professional fiscal and
  2  3 staff bargaining unit.
  2  4    f.  The collective bargaining agreement negotiated pursuant
  2  5 to chapter 20 for employees in the university of northern Iowa
  2  6 faculty bargaining unit.
  2  7    g.  The collective bargaining agreement negotiated pursuant
  2  8 to chapter 20 for employees in the clerical bargaining unit.
  2  9    h.  The collective bargaining agreement negotiated pursuant
  2 10 to chapter 20 for employees in the professional social
  2 11 services bargaining unit.
  2 12    i.  The collective bargaining agreement negotiated pursuant
  2 13 to chapter 20 for employees in the community-based corrections
  2 14 bargaining unit.
  2 15    j.  The collective bargaining agreement negotiated pursuant
  2 16 to chapter 20 for employees in the judicial branch of
  2 17 government bargaining unit.
  2 18    k.  The collective bargaining agreement negotiated pursuant
  2 19 to chapter 20 for employees in the patient care bargaining
  2 20 unit.
  2 21    l.  The collective bargaining agreement negotiated pursuant
  2 22 to chapter 20 for employees in the science bargaining unit.
  2 23    m.  The collective bargaining agreement negotiated pursuant
  2 24 to chapter 20 for employees in the state university of Iowa
  2 25 graduate student bargaining unit.
  2 26    n.  The collective bargaining agreement negotiated pursuant
  2 27 to chapter 20 for employees in the state university of Iowa
  2 28 hospital and clinics tertiary health care bargaining unit.
  2 29    o.  The annual pay adjustments, related benefits, and
  2 30 expense reimbursements referred to in sections 2 and 3 of this
  2 31 division of this Act for employees not covered by a collective
  2 32 bargaining agreement.
  2 33    3.  In distributing moneys from the salary adjustment fund,
  2 34 the department of management shall take into consideration the
  2 35 special circumstances of those state institutions operating
  3  1 under the net general fund appropriation budgeting system so
  3  2 that such institutions are not adversely affected because of
  3  3 the use of that budgeting system.
  3  4    Sec. 2.  NONCONTRACT STATE EMPLOYEES – GENERAL.
  3  5    1.  a.  For the fiscal year beginning July 1, 2002, the
  3  6 maximum salary levels of all pay plans provided for in section
  3  7 19A.9, subsection 2, as they exist for the fiscal year ending
  3  8 June 30, 2002, shall be increased by 3 percent for the pay
  3  9 period beginning October 25, 2002, and any additional changes
  3 10 in the pay plans shall be approved by the governor.
  3 11    b.  For the fiscal year beginning July 1, 2002, employees
  3 12 may receive a step increase or the equivalent of a step
  3 13 increase.
  3 14    2.  The pay plans for state employees who are exempt from
  3 15 chapter 19A and who are included in the department of revenue
  3 16 and finance's centralized payroll system shall be increased in
  3 17 the same manner as provided in subsection 1, and any
  3 18 additional changes in any executive branch pay plans shall be
  3 19 approved by the governor.
  3 20    3.  This section does not apply to members of the general
  3 21 assembly, board members, commission members, salaries of
  3 22 persons set by the general assembly pursuant to this division
  3 23 of this Act or salaries of appointed state officers set by the
  3 24 governor, other persons designated, employees designated under
  3 25 section 19A.3, subsection 5, and employees covered by 581 IAC
  3 26 4.6(3).
  3 27    4.  The pay plans for the bargaining eligible employees of
  3 28 the state shall be increased in the same manner as provided in
  3 29 subsection 1, and any additional changes in such executive
  3 30 branch pay plans shall be approved by the governor.  As used
  3 31 in this section, "bargaining eligible employee" means an
  3 32 employee who is eligible to organize under chapter 20, but has
  3 33 not done so.
  3 34    5.  The policies for implementation of this section shall
  3 35 be approved by the governor.
  4  1    Sec. 3.  STATE EMPLOYEES – STATE BOARD OF REGENTS.  Funds
  4  2 from the appropriation in section 1, subsection 2 of this
  4  3 division of this Act, not to exceed $18,000,000, shall be
  4  4 allocated to the state board of regents for the purposes of
  4  5 providing increases for state board of regents employees
  4  6 covered by section 1 of this division of this Act and for
  4  7 state board of regents employees not covered by a collective
  4  8 bargaining agreement as follows:
  4  9    1.  For regents merit system employees and merit
  4 10 supervisory employees to fund for the fiscal year, increases
  4 11 comparable to those provided for similar contract-covered
  4 12 employees in this division of this Act.
  4 13    2.  For faculty members and professional and scientific
  4 14 employees to fund for the fiscal year, percentage increases
  4 15 comparable to those provided for contract-covered employees in
  4 16 section 1, subsection 2, paragraph "f", of this division of
  4 17 this Act.
  4 18    Sec. 4.  STATE COURTS – JUSTICES, JUDGES, AND MAGISTRATES.
  4 19    1.  Funds from the appropriation in section 1, subsection 2
  4 20 of this division of this Act, not to exceed $2,970,000, shall
  4 21 be allocated to the judicial branch for the purpose of
  4 22 providing increases in salaries for state judges, justices,
  4 23 and magistrates and for increases for other judicial branch
  4 24 employees.  The salary rates specified in subsection 2 are for
  4 25 the fiscal year beginning July 1, 2002, effective for the pay
  4 26 period beginning December 20, 2002, and for subsequent fiscal
  4 27 years until otherwise provided by the general assembly.
  4 28    2.  The following annual salary rates shall be paid to the
  4 29 persons holding the judicial positions indicated during the
  4 30 fiscal year beginning July 1, 2002, effective with the pay
  4 31 period beginning December 20, 2002, and for subsequent pay
  4 32 periods.
  4 33    a.  Chief justice of the supreme court:  
  4 34 .................................................. $    124,550
  4 35    b.  Each justice of the supreme court:  
  5  1 .................................................. $    120,100
  5  2    c.  Chief judge of the court of appeals:  
  5  3 .................................................. $    119,980
  5  4    d.  Each associate judge of the court of appeals:  
  5  5 .................................................. $    115,540
  5  6    e.  Each chief judge of a judicial district:  
  5  7 .................................................. $    114,470
  5  8    f.  Each district judge except the chief judge of a
  5  9 judicial district:  
  5 10 .................................................. $    109,810
  5 11    g.  Each district associate judge:  
  5 12 .................................................. $     95,700
  5 13    h.  Each associate juvenile judge:  
  5 14 .................................................. $     95,700
  5 15    i.  Each associate probate judge:  
  5 16 .................................................. $     95,700
  5 17    j.  Each judicial magistrate:  
  5 18 .................................................. $     28,530
  5 19    k.  Each senior judge:  
  5 20 .................................................. $      6,370
  5 21    3.  Persons receiving the salary rates established under
  5 22 subsection 2 shall not receive any additional salary
  5 23 adjustments provided by this division of this Act.
  5 24    Sec. 5.  APPROPRIATIONS FROM ROAD FUNDS.
  5 25    1.  There is appropriated from the road use tax fund to the
  5 26 salary adjustment fund for the fiscal year beginning July 1,
  5 27 2002, and ending June 30, 2003, the following amount, or so
  5 28 much thereof as may be necessary, to be used for the purpose
  5 29 designated:
  5 30    To supplement other funds appropriated by the general
  5 31 assembly:  
  5 32 .................................................. $  1,588,368
  5 33    2.  There is appropriated from the primary road fund to the
  5 34 salary adjustment fund, for the fiscal year beginning July 1,
  5 35 2002, and ending June 30, 2003, the following amount, or so
  6  1 much thereof as may be necessary, to be used for the purpose
  6  2 designated:
  6  3    To supplement other funds appropriated by the general
  6  4 assembly:  
  6  5 .................................................. $  8,627,499
  6  6    3.  Except as otherwise provided in this division of this
  6  7 Act, the amounts appropriated in subsections 1 and 2 shall be
  6  8 used to fund the annual pay adjustments, expense
  6  9 reimbursements, and related benefits for public employees as
  6 10 provided in this division of this Act.
  6 11    Sec. 6.  SPECIAL FUNDS – AUTHORIZATION.  For departmental
  6 12 revolving, trust, or special funds, except for the primary
  6 13 road fund or the road use tax fund, for which the general
  6 14 assembly has established an operating budget, a supplemental
  6 15 expenditure authorization is provided, unless otherwise
  6 16 provided, in an amount necessary to fund salary adjustments,
  6 17 as provided in this division of this Act.
  6 18    Sec. 7.  GENERAL FUND SALARY MONEYS.  Funds appropriated
  6 19 for distribution from the salary adjustment fund in section 1,
  6 20 subsection 2 of this division of this Act relate only to
  6 21 salaries supported from general fund appropriations of the
  6 22 state except for employees of the state board of regents.  The
  6 23 funds allocated in this division of this Act for employees of
  6 24 the state board of regents shall exclude general university
  6 25 indirect costs and general university federal funds.
  6 26    Sec. 8.  FEDERAL FUNDS APPROPRIATED.  For the fiscal year
  6 27 beginning July 1, 2002, and ending June 30, 2003, all federal
  6 28 grants to and the federal receipts of the agencies affected by
  6 29 this division of this Act which are received and may be
  6 30 expended for purposes of this division of this Act are
  6 31 appropriated for those purposes and as set forth in the
  6 32 federal grants or receipts.
  6 33    Sec. 9.  STATE TROOPER MEAL ALLOWANCE.  For the fiscal year
  6 34 beginning July 1, 2002, and ending June 30, 2003, the sworn
  6 35 peace officers in the department of public safety who are not
  7  1 covered by a collective bargaining agreement negotiated
  7  2 pursuant to chapter 20 shall receive the same per diem meal
  7  3 allowance as the sworn peace officers in the department of
  7  4 public safety who are covered by a collective bargaining
  7  5 agreement negotiated pursuant to chapter 20.
  7  6    Sec. 10.  SALARY MODEL COORDINATOR.  Of the funds
  7  7 appropriated in section 1, subsection 2, of this division of
  7  8 this Act, $126,767 for the fiscal year beginning July 1, 2002,
  7  9 is allocated to the department of management for salary and
  7 10 support of the salary model coordinator who shall work in
  7 11 conjunction with the legislative fiscal bureau to maintain the
  7 12 state's salary model used for analyzing, comparing, and
  7 13 projecting state employee salary and benefit information,
  7 14 including information relating to employees of the state board
  7 15 of regents.  The department of revenue and finance, the
  7 16 department of personnel, the five institutions under the
  7 17 jurisdiction of the state board of regents, the judicial
  7 18 district departments of correctional services, and the state
  7 19 department of transportation shall provide salary data to the
  7 20 department of management and the legislative fiscal bureau to
  7 21 operate the state's salary model.  The format and frequency of
  7 22 provision of the salary data shall be determined by the
  7 23 department of management and the legislative fiscal bureau.
  7 24 The information shall be used in collective bargaining
  7 25 processes under chapter 20 and in calculating the funding
  7 26 needs contained within the annual salary adjustment
  7 27 legislation.  A state employee organization as defined in
  7 28 section 20.3, subsection 4, may request information produced
  7 29 by the model, but the information provided shall not contain
  7 30 information attributable to individual employees.
  7 31    Sec. 11.  HEALTH INSURANCE INCENTIVE PROGRAMS.  For the
  7 32 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  7 33 the department of revenue and finance shall administer the
  7 34 health insurance incentive programs as contained in the
  7 35 collective bargaining agreements.  The incentive payment shall
  8  1 be distributed in the paycheck of an eligible state employee
  8  2 if the employee is employed by a central state agency.  Each
  8  3 judicial district department of correctional services and the
  8  4 state board of regents shall provide monthly to the department
  8  5 of revenue and finance a list of their employee counts by
  8  6 benefit plan that qualify for the incentive and the amount of
  8  7 the incentive due.  The judicial district department of
  8  8 correctional services and the state board of regents shall
  8  9 include the amount of the incentive payment in their eligible
  8 10 employees' paychecks as soon as the payment is
  8 11 administratively practical.
  8 12    Sec. 12.  TERMINAL LIABILITY HEALTH INSURANCE SURCHARGE.
  8 13 For the period beginning July 1, 2002, and ending January 3,
  8 14 2003, the department of personnel shall include in the rates
  8 15 for the Wellmark Blue Cross/Blue Shield Program 3 Plus,
  8 16 Wellmark Blue Cross/Blue Shield Program 3 plus with a
  8 17 comprehensive major medical overlay, and Iowa Select Preferred
  8 18 Provider Organization health insurance plans a surcharge, as
  8 19 determined by the department of management, on only the
  8 20 employer's share of the health insurance premium cost to fund
  8 21 the state's share of the terminal liability of the existing
  8 22 Wellmark health insurance contract.  The department of revenue
  8 23 and finance shall collect the surcharge from state agencies,
  8 24 the state fair board, state board of regents, and the judicial
  8 25 district departments of correctional services.  The proceeds
  8 26 of the surcharge shall be credited to the terminal liability
  8 27 health insurance fund created in section 421.46.  The health
  8 28 insurance plans provided to state employees covered by the
  8 29 state police officers council collective bargaining agreement
  8 30 are exempt from the surcharge provided in this section.
  8 31    Sec. 13.  2002 Iowa Acts, Senate File 2304, section 21,
  8 32 subsection 3, is amended to read as follows:
  8 33    3.  As part of implementing the reduction made in
  8 34 subsection 1, notwithstanding the annual salary rates
  8 35 authorized for justices, judges, and magistrates in 2001 Iowa
  9  1 Acts, chapter 190, section 1, for the fiscal year beginning
  9  2 July 1, 2001, those salary rates shall be reduced by applying
  9  3 a 5 percent reduction to the portion of annual salary
  9  4 attributable to the period beginning on the effective date of
  9  5 this Act through June 30 20, 2002.  Subsection 2 does not
  9  6 apply to justices, judges, and magistrates subject to this
  9  7 subsection.
  9  8    Sec. 14.  2002 Iowa Acts, Senate File 2304, section 25,
  9  9 subsections 3 and 4, are amended to read as follows:
  9 10    3.  As part of implementing the reduction made in this
  9 11 section, notwithstanding the annual salary rates authorized
  9 12 for elective executive branch officials in 2000 Iowa Acts,
  9 13 chapter 1219, section 3, for the fiscal year beginning July 1,
  9 14 2001, the salary rates for such officials shall be reduced by
  9 15 applying a 5 percent reduction to the portion of annual salary
  9 16 attributable to the period beginning on the effective date of
  9 17 this Act through June 30 20, 2002.  Subsection 2 does not
  9 18 apply to elective executive branch officials subject to this
  9 19 subsection.
  9 20    4.  As part of implementing the reduction made in this
  9 21 section, notwithstanding the annual salaries established under
  9 22 2001 Iowa Acts, chapter 190, section 3, for the fiscal year
  9 23 beginning July 1, 2001, each of those salaries shall be
  9 24 reduced by applying a 5 percent reduction to the portion of
  9 25 the salary attributable to the period beginning on the
  9 26 effective date of this Act through June 30 20, 2002.
  9 27 Subsection 2 does not apply to appointed executive branch
  9 28 officers subject to this subsection.
  9 29    Sec. 15.  Section 421.46, subsection 2, Code Supplement
  9 30 2001, is amended by striking the subsection.
  9 31    Sec. 16.  EFFECTIVE DATE.  Section 1, subsection 1 of this
  9 32 Act relating to the state board of regents demutualization
  9 33 proceeds transfer, being deemed of immediate importance, takes
  9 34 effect upon enactment.  
  9 35                           DIVISION II
 10  1                STATUTORY AND SESSION LAW CHANGES
 10  2    Sec. 17.  Section 8.63, subsection 4, Code 2001, is amended
 10  3 to read as follows:
 10  4    4.  a.  In order for the innovations fund to be self-
 10  5 supporting, the innovations fund committee shall establish
 10  6 repayment schedules for each innovation fund loan awarded.
 10  7 Agencies shall repay the funds over a period not to exceed
 10  8 five years with interest, at a rate to be determined by the
 10  9 innovations fund committee.
 10 10    b.  If the department of management and the department of
 10 11 revenue and finance certify that the savings from a proposed
 10 12 innovations fund project will result in a net increase in the
 10 13 balance of the general fund of the state without a
 10 14 corresponding cost savings to the requesting agency, and if
 10 15 the requesting agency meets all other eligibility
 10 16 requirements, the innovations fund committee may approve the
 10 17 loan for the project and not require repayment by the
 10 18 requesting agency.  There is appropriated from the general
 10 19 fund of the state to the department of revenue and finance an
 10 20 amount sufficient to repay the loan amount.
 10 21    Sec. 18.  Section 12.21, Code 2001, is amended to read as
 10 22 follows:
 10 23    12.21  ACCEPTING CREDIT CARD PAYMENTS.
 10 24    1.  The treasurer of state may enter into an agreement with
 10 25 a financial institution or other credit card processor to
 10 26 provide credit card receipt processing for state departments
 10 27 which are authorized by the treasurer of state to accept
 10 28 payment by credit card.
 10 29    2.  A department which accepts authorized by the treasurer
 10 30 of state to accept payment by credit card payments may adjust
 10 31 its fees to reflect the cost of credit card receipt processing
 10 32 as determined by the treasurer of state.  A fee may be charged
 10 33 by a department for using the credit card payment method
 10 34 notwithstanding any other provision of the Code setting
 10 35 specific fees.  The fees charged to a payer shall be the same
 11  1 regardless of payment method unless otherwise permitted in the
 11  2 agreement with the financial institution or credit card
 11  3 processor.
 11  4    3.  The credit card charges applied by a financial
 11  5 institution or credit card processor for credit card receipts
 11  6 accepted in accordance with subsection 1 shall be considered
 11  7 to be part of the payment due and accepted.  A state
 11  8 department authorized by the treasurer of state to accept
 11  9 payment by credit card shall pay the credit card receipt
 11 10 processing charges from aggregate fees collected.
 11 11    4.  The treasurer of state shall adopt rules to implement
 11 12 this section.
 11 13    Sec. 19.  Section 14B.203, subsection 3, Code Supplement
 11 14 2001, is amended to read as follows:
 11 15    3.  In addition to other forms of payment, credit cards
 11 16 shall be accepted in payment for moneys owed to a governmental
 11 17 entity as provided in this section, according to rules which
 11 18 shall be adopted by the treasurer of state under section
 11 19 12.21.  The fees to be charged shall not exceed those
 11 20 permitted by statute.  A governmental entity may adjust its
 11 21 fees to reflect the cost of processing as determined by the
 11 22 treasurer of state.  The discount charged by the credit card
 11 23 issuer may be included in determining the fees to be paid for
 11 24 completing a financial transaction under this section by using
 11 25 a credit card.
 11 26    Sec. 20.  Section 14B.205, Code 2001, is amended to read as
 11 27 follows:
 11 28    14B.205  CREDIT CARDS ACCEPTED.
 11 29    In addition to other forms of payment, credit cards may
 11 30 shall be accepted in accordance with section 12.21 in payment
 11 31 for any fees, including but not limited to interest,
 11 32 penalties, subscriptions, registrations, purchases,
 11 33 applications, licenses, permits, or other filings transmitted
 11 34 or transactions conducted electronically.  The fees to be
 11 35 charged shall not exceed those permitted by statute, except
 12  1 that the discount charged by the credit card issuer may be
 12  2 included in determining the fee to be charged for records
 12  3 transmitted or transactions conducted electronically.
 12  4    Sec. 21.  Section 15.108, subsection 9, paragraph e, Code
 12  5 Supplement 2001, is amended to read as follows:
 12  6    e.  At the director's discretion, accept Accept payment by
 12  7 credit card in accordance with section 12.21 of any fees,
 12  8 interest, penalties, subscriptions, registrations, purchases,
 12  9 or other payments, or any portion of such payments, which are
 12 10 due or collected by the department.  The department may adjust
 12 11 the amount of the payment to reflect the costs of processing
 12 12 the payment as determined by the treasurer of state and the
 12 13 payment by credit card shall include, in addition to all other
 12 14 charges, any discount charged by the credit card issuer.
 12 15    Sec. 22.  Section 15E.112, subsection 1, Code 2001, is
 12 16 amended to read as follows:
 12 17    1.  A value-added agricultural products and processes
 12 18 financial assistance fund is created within the state treasury
 12 19 under the control of the department.  The fund shall consist
 12 20 of moneys allocated from the Iowa strategic investment fund
 12 21 created in section 15.313, those appropriated moneys, and any
 12 22 other moneys available to and obtained or accepted by the
 12 23 department from the federal government or private sources for
 12 24 placement in the fund.  The assets of the fund shall be used
 12 25 by the department only for administration and carrying out the
 12 26 purposes of section 15E.111.
 12 27    Sec. 23.  Section 18.75, subsection 6, Code 2001, is
 12 28 amended to read as follows:
 12 29    6.  Have legal custody of all Codes, session laws, books of
 12 30 annotations, tables of corresponding sections, publications,
 12 31 except premium lists published by the Iowa state fair board,
 12 32 containing reprints of statutes or administrative rules, or
 12 33 both, reports of state departments, and reports of the supreme
 12 34 court, and sell, account for, and distribute the same as
 12 35 provided by law.  However, the legislative service bureau
 13  1 shall solicit and process orders for the distribution of all
 13  2 printed Codes, session laws, administrative codes and
 13  3 bulletins, court rules, and the state roster.
 13  4    Sec. 24.  Section 18.97A, Code 2001, is amended by adding
 13  5 the following new unnumbered paragraph:
 13  6    NEW UNNUMBERED PARAGRAPH.  The office of the governor, the
 13  7 supreme court, and the legislative council shall control the
 13  8 number of copies of the printed publications enumerated in
 13  9 section 18.97 distributed to recipients in their respective
 13 10 branches.
 13 11    Sec. 25.  Section 101.24, Code 2001, is amended by adding
 13 12 the following new subsection:
 13 13    NEW SUBSECTION.  5.  If a tank manufactured for aboveground
 13 14 use at a tank site meets the requirements of sections 2-3.5
 13 15 and 2-3.6 of the standard national fire protection association
 13 16 30 flammable and combustible liquids code, 1993 edition, and
 13 17 the tank owner has complied with section 101.22 on or before
 13 18 June 30, 2001, the fire marshal shall consider the aboveground
 13 19 tank equivalent of the underwriters laboratory rated tanks
 13 20 described in section 2-2.3.1(a) of the standard national fire
 13 21 protection association 30 flammable and combustible liquids
 13 22 code, 1993 edition, for purposes of this chapter.
 13 23    Sec. 26.  NEW SECTION.  239B.2B  ELIGIBILITY OF
 13 24 NONCITIZENS.
 13 25    A person who meets the conditions of eligibility under
 13 26 section 239B.2 and who meets either of the following
 13 27 requirements shall be eligible for participation in the family
 13 28 investment program:
 13 29    1.  The person is a conditional resident alien who was
 13 30 battered or subjected to extreme cruelty, or whose child was
 13 31 battered or subjected to extreme cruelty, perpetrated by the
 13 32 person's spouse who is a United States citizen or lawful
 13 33 permanent resident as described in 8 C.F.R. } 216.5(a)(3).
 13 34    2.  The person was battered or subjected to extreme
 13 35 cruelty, or the person's child was battered or subjected to
 14  1 extreme cruelty, perpetrated by the person's spouse who is a
 14  2 United States citizen or lawful permanent resident and the
 14  3 person's petition has been approved or a petition is pending
 14  4 that sets forth a prima facie case that the person has
 14  5 noncitizen status under any of the following categories:
 14  6    a.  Status as a spouse or child of a United States citizen
 14  7 or lawful permanent resident under the federal Immigration and
 14  8 Nationality Act, } 204(a)(1), as codified in 8 U.S.C. }
 14  9 1154(a)(1)(A).
 14 10    b.  Status as a spouse or child who was battered or
 14 11 subjected to extreme cruelty by a United States citizen or
 14 12 lawful permanent resident, under the federal Immigration and
 14 13 Nationality Act, } 204(a)(iii), as codified in 8 U.S.C. }
 14 14 1154(a)(1)(A)(iii).
 14 15    c.  Classification as a person lawfully admitted for
 14 16 permanent residence under the federal Immigration and
 14 17 Nationality Act.
 14 18    d.  Suspension of deportation and adjustment of status
 14 19 under the federal Immigration and Nationality Act, } 244(a),
 14 20 as in effect before the date of enactment of the federal
 14 21 Illegal Immigration Reform and Immigrant Responsibility Act of
 14 22 1996.
 14 23    e.  Cancellation of removal or adjustment of status under
 14 24 the federal Immigration and Nationality Act, } 240A, as
 14 25 codified in 8 U.S.C. } 1229b.
 14 26    f.  Status as an asylee, if asylum is pending, under the
 14 27 federal Immigration and Nationality Act, } 208, as codified in
 14 28 8 U.S.C. } 1158.
 14 29    Sec. 27.  Section 249A.3, subsection 2, paragraph a, Code
 14 30 Supplement 2001, is amended to read as follows:
 14 31    a.  As provided either pursuant to subparagraph (1) or
 14 32 pursuant to subparagraphs (2) and (3):
 14 33    (1)  As allowed under 42 U.S.C. }
 14 34 1396a(a)(10)(A)(ii)(XIII), individuals with disabilities, who
 14 35 are less than sixty-five years of age, who are members of
 15  1 families whose income is less than two hundred fifty percent
 15  2 of the most recently revised official poverty line guidelines
 15  3 published by the federal office of management and budget
 15  4 United States department of health and human services for the
 15  5 family, who have earned income and who are eligible for
 15  6 supplemental security income or supplemental security income-
 15  7 related medical assistance or additional medical assistance
 15  8 under this section if earnings are disregarded.  As allowed by
 15  9 42 U.S.C. } 1396a(r)(2), unearned income shall also be
 15 10 disregarded in determining whether an individual is eligible
 15 11 for assistance under this paragraph subparagraph.  For the
 15 12 purposes of determining the amount of an individual's
 15 13 resources under this paragraph subparagraph and as allowed by
 15 14 42 U.S.C. } 1396a(r)(2), a maximum of ten thousand dollars of
 15 15 available resources shall be disregarded and any additional
 15 16 resources held in a retirement account, in a medical savings
 15 17 account, or in any other account approved under rules adopted
 15 18 by the department shall also be disregarded.  Individuals
 15 19 eligible for assistance under this paragraph subparagraph,
 15 20 whose individual income exceeds one hundred fifty percent of
 15 21 the official poverty line guidelines published by the federal
 15 22 office of management and budget United States department of
 15 23 health and human services for an individual, shall pay a
 15 24 premium.  The amount of the premium shall be based on a
 15 25 sliding fee schedule adopted by rule of the department and
 15 26 shall be based on a percentage of the individual's income.
 15 27 The maximum premium payable by an individual whose income
 15 28 exceeds one hundred fifty percent of the official poverty line
 15 29 guidelines shall be commensurate with premiums charged for
 15 30 private the cost of state employees' group health insurance in
 15 31 this state.  This paragraph shall be implemented no later than
 15 32 March 1, 2000.
 15 33    (2)  As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XV),
 15 34 individuals who are at least sixteen years of age but less
 15 35 than sixty-five years of age who, but for earnings in excess
 16  1 of the limit established under 42 U.S.C. } 1396d(q)(2)(B),
 16  2 would be considered to be receiving federal supplemental
 16  3 security income, and who are members of families whose income
 16  4 is less than two hundred fifty percent of the most recently
 16  5 revised official poverty guidelines published by the United
 16  6 States department of health and human services for the family,
 16  7 subject to a resource limit of twelve thousand dollars for an
 16  8 individual and thirteen thousand dollars for a couple.  For
 16  9 the purposes of determining the amount of an individual's or
 16 10 couple's resources under this subparagraph, any resources held
 16 11 in a retirement account, in a medical savings account, or in
 16 12 any other account approved under rules adopted by the
 16 13 department shall be disregarded.  Individuals eligible for
 16 14 assistance under this subparagraph whose individual income
 16 15 exceeds one hundred fifty percent of the official poverty
 16 16 guidelines for an individual shall pay a premium.  The amount
 16 17 of the premium shall be based on a sliding fee schedule
 16 18 adopted by rule of the department and shall be based on a
 16 19 percentage of the individual's income.  The maximum premium
 16 20 payable by an individual whose income exceeds one hundred
 16 21 fifty percent of the official poverty guidelines shall be
 16 22 commensurate with the cost of state employees' group health
 16 23 insurance in this state, but shall not exceed seven and one-
 16 24 half percent of income, unless the individual's income exceeds
 16 25 four hundred fifty percent of the official poverty guidelines.
 16 26    (3)  As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XVI),
 16 27 employed individuals with a medically improved disability, as
 16 28 defined in 42 U.S.C. } 1396d(v)(1), who are members of
 16 29 families whose income is less than two hundred fifty percent
 16 30 of the most recently revised official poverty guidelines
 16 31 published by the United States department of health and human
 16 32 services for the family, subject to a resource limit of twelve
 16 33 thousand dollars for an individual and thirteen thousand
 16 34 dollars for a couple.  For the purposes of determining the
 16 35 amount of an individual's or couple's resources under this
 17  1 subparagraph, any resources held in a retirement account, in a
 17  2 medical savings account, or in any other account approved
 17  3 under rules adopted by the department shall be disregarded.
 17  4 Individuals eligible for assistance under this subparagraph
 17  5 whose individual income exceeds one hundred fifty percent of
 17  6 the official poverty guidelines for an individual shall pay a
 17  7 premium.  The amount of the premium shall be based on a
 17  8 sliding fee schedule adopted by rule of the department and
 17  9 shall be based on a percentage of the individual's income.
 17 10 The maximum premium payable by an individual whose income
 17 11 exceeds one hundred fifty percent of the official poverty
 17 12 guidelines shall be commensurate with the cost of state
 17 13 employees' group health insurance in this state, but shall not
 17 14 exceed seven and one-half percent of income, unless the
 17 15 individual's income exceeds four hundred fifty percent of the
 17 16 official poverty guidelines.
 17 17    Sec. 28.  Section 256.67, subsection 1, Code Supplement
 17 18 2001, is amended to read as follows:
 17 19    1.  Act as administrator and executive secretary of the
 17 20 region library service area in accordance with the objectives
 17 21 and policies adopted by the area board of trustees and with
 17 22 the intent of this chapter.
 17 23    Sec. 29.  Section 260G.4B, subsection 1, Code Supplement
 17 24 2001, is amended to read as follows:
 17 25    1.  The total amount of program job credits from all
 17 26 employers which shall be allocated for all accelerated career
 17 27 education programs in the state in any one fiscal year shall
 17 28 not exceed the sum of three million dollars in the fiscal year
 17 29 beginning July 1, 2000, three million dollars in the fiscal
 17 30 year beginning July 1, 2001, three million dollars in the
 17 31 fiscal year beginning July 1, 2002, and six million dollars in
 17 32 the fiscal year beginning July 1, 2002 2003, and every fiscal
 17 33 year thereafter.  Any increase in program job credits above
 17 34 the six-million-dollar limitation per fiscal year shall be
 17 35 developed, based on recommendations in a study which shall be
 18  1 conducted by the department of economic development of the
 18  2 needs and performance of approved programs in the fiscal years
 18  3 beginning July 1, 2000, and July 1, 2001.  The study's
 18  4 findings and recommendations shall be submitted to the general
 18  5 assembly by the department by December 31, 2002.  The study
 18  6 shall include but not be limited to an examination of the
 18  7 quality of the programs, the number of program participant
 18  8 placements, the wages and benefits in program jobs, the level
 18  9 of employer contributions, the size of participating
 18 10 employers, and employer locations.  A community college shall
 18 11 file a copy of each agreement with the department of economic
 18 12 development.  The department shall maintain an annual record
 18 13 of the proposed program job credits under each agreement for
 18 14 each fiscal year.  Upon receiving a copy of an agreement, the
 18 15 department shall allocate any available amount of program job
 18 16 credits to the community college according to the agreement
 18 17 sufficient for the fiscal year and for the term of the
 18 18 agreement.  When the total available program job credits are
 18 19 allocated for a fiscal year, the department shall notify all
 18 20 community colleges that the maximum amount has been allocated
 18 21 and that further program job credits will not be available for
 18 22 the remainder of the fiscal year.  Once program job credits
 18 23 have been allocated to a community college, the full
 18 24 allocation shall be received by the community college
 18 25 throughout the fiscal year and for the term of the agreement
 18 26 even if the statewide program job credit maximum amount is
 18 27 subsequently allocated and used.
 18 28    Sec. 30.  Section 368.4, Code 2001, as amended by 2002 Iowa
 18 29 Acts, House File 582, if enacted, is amended to read as
 18 30 follows:
 18 31    368.4  ANNEXING MORATORIUM.
 18 32    A city, following notice and hearing, may by resolution
 18 33 agree with another city or cities to refrain from annexing
 18 34 specifically described territory for a period not to exceed
 18 35 ten years and, following notice and hearing, may by resolution
 19  1 extend the agreement for subsequent periods not to exceed ten
 19  2 years each.  Notice of a hearing shall be served by regular
 19  3 mail at least thirty days before the hearing on the city
 19  4 development board, on the board of supervisors of the county
 19  5 in which the territory is located, and on all persons owning
 19  6 land within the area subject to the agreement.  The notice
 19  7 shall include the time and place of the hearing, describe the
 19  8 territory subject to the proposed agreement, and the general
 19  9 terms of the agreement.  After passage of a resolution by the
 19 10 cities approving the agreements, a copy of the agreement and a
 19 11 copy of any resolution extending an agreement shall be filed
 19 12 with the city development board within ten days of enactment.
 19 13 If such an agreement is in force, the board shall dismiss a
 19 14 petition or plan which violates the terms of the agreement.
 19 15    Sec. 31.  Section 368.26, if enacted by 2002 Iowa Acts,
 19 16 House File 582, is amended to read as follows:
 19 17    368.26  FAILURE TO PROVIDE MUNICIPAL SERVICES.
 19 18    If a city fails to provide municipal services to territory
 19 19 involuntarily annexed, according to the plan filed pursuant to
 19 20 section 368.11, within three years after city taxes are
 19 21 imposed in the annexed territory, the city development board
 19 22 shall initiate proceedings to sever the annexed territory from
 19 23 the city.  However, a city may appeal to the board for an
 19 24 additional three years to provide municipal services if good
 19 25 cause is shown.  A petition for severance filed pursuant to
 19 26 this section shall be filed and acted upon in the same manner
 19 27 as a petition under section 368.11.  For purposes of this
 19 28 section and section 368.11, subsection 14, "municipal
 19 29 services" means services selected by a landowner to be
 19 30 provided by the city, including, but not limited to, water
 19 31 supply, sewage disposal, street and road maintenance, and
 19 32 police and fire protection, if the provision of such services
 19 33 is within the legal authority of the annexing city.
 19 34    Sec. 32.  Section 421.17, subsection 31, Code Supplement
 19 35 2001, is amended to read as follows:
 20  1    31.  At the director's discretion, accept Accept payment of
 20  2 taxes, penalties, interest, and fees, or any portion thereof
 20  3 of the payment, by credit card in accordance with section
 20  4 12.21.  The director may adjust the payable amount to reflect
 20  5 the costs of processing the payment as determined by the
 20  6 treasurer of state and the payment by credit card shall
 20  7 include, in addition to all other charges, any discount
 20  8 charged by the credit card issuer.
 20  9    Sec. 33.  Section 421.17, subsection 34, paragraph f, Code
 20 10 Supplement 2001, is amended to read as follows:
 20 11    f.  At the director's discretion, the The department may
 20 12 shall accept payment of debts, interest, and fees, or any
 20 13 portion of the payment by credit card in accordance with
 20 14 section 12.21.  The director may adjust the payable amount to
 20 15 reflect the costs of processing the payment as determined by
 20 16 the treasurer of state and the payment by credit card shall
 20 17 include, in addition to all other charges, any discount charge
 20 18 by the credit card issuer.
 20 19    Sec. 34.  Section 455A.4, subsection 5, Code 2001, is
 20 20 amended to read as follows:
 20 21    5.  The department may accept payment of any fees,
 20 22 interest, penalties, subscriptions, or other payments due or
 20 23 collected by the department, or any portion of such payments,
 20 24 by credit card in accordance with section 12.21.  The
 20 25 department may adjust the amount of the payment to reflect the
 20 26 costs of processing the payment as determined by the treasurer
 20 27 of state and the payment by credit card shall include, in
 20 28 addition to all other charges, any discount charged by the
 20 29 credit card issuer.
 20 30    Sec. 35.  Section 476.97, subsection 11, paragraph g,
 20 31 subparagraph (4), Code 2001, as amended by 2002 Iowa Acts,
 20 32 Senate File 429, section 2, is amended by striking the
 20 33 subparagraph and inserting in lieu thereof the following:
 20 34    (4)  Rates may be adjusted by the board to reflect any
 20 35 changes in revenues, expenses, and investment due to exogenous
 21  1 factors beyond the control of the local exchange carrier,
 21  2 including, but not limited to, the effects of local
 21  3 competition.  The board shall have one hundred eighty days to
 21  4 consider rate changes proposed under this subparagraph, but
 21  5 for good cause may grant one extension of sixty days, not to
 21  6 exceed a total of two hundred forty days.
 21  7    Sec. 36.  Section 514I.5, subsection 3, Code 2001, is
 21  8 amended to read as follows:
 21  9    3.  Members appointed by the governor shall serve two-year
 21 10 staggered terms as designated by the governor, and legislative
 21 11 members of the board shall serve two-year terms.  The filling
 21 12 of positions reserved for the public representatives,
 21 13 vacancies, membership terms, payment of compensation and
 21 14 expenses, and removal of the members are governed by chapter
 21 15 69.  Members of the board are entitled to receive
 21 16 reimbursement of actual expenses incurred in the discharge of
 21 17 their duties.  Public members of the board are also eligible
 21 18 to receive compensation as provided in section 7E.6.  The
 21 19 members shall select a chairperson on an annual basis from
 21 20 among the membership of the board.
 21 21    Sec. 37.  Section 541A.1, subsection 7, Code 2001, is
 21 22 amended to read as follows:
 21 23    7.  "Individual development account" means a either of the
 21 24 following:
 21 25    a.  A financial instrument which that is certified to have
 21 26 the characteristics described in section 541A.2 by the
 21 27 operating organization.
 21 28    b.  A financial instrument that is certified by the
 21 29 operating organization to have the characteristics described
 21 30 in and funded by a federal individual development account
 21 31 program under which federal and state funding contributed to
 21 32 match account holder deposits is deposited by an operating
 21 33 organization in accordance with federal law and regulations,
 21 34 and which includes but is not limited to any of the programs
 21 35 implemented under the following federal laws:
 22  1    (1)  The federal Personal Responsibility and Work
 22  2 Opportunity Act of 1996, 42 U.S.C. } 604(h).
 22  3    (2)  The federal Assets for Independence Act, Pub. L. No.
 22  4 105-285, Title IV.
 22  5    Sec. 38.  Section 541A.3, subsection 1, unnumbered
 22  6 paragraph 1, Code 2001, is amended to read as follows:
 22  7    Payment by the state of a savings refund on amounts of up
 22  8 to two thousand dollars per calendar year that an account
 22  9 holder deposits in the account holder's account.  Moneys
 22 10 transferred to an individual development account from another
 22 11 individual development account shall not be considered an
 22 12 account holder deposit for purposes of determining a savings
 22 13 refund.  Payment of a savings refund either shall be made
 22 14 directly to the account holder's account or to an operating
 22 15 organization's central reserve account for later distribution
 22 16 to the account holder's account in the most appropriate manner
 22 17 as determined by the administrator.  The state savings refund
 22 18 shall be the indicated percentage of the amount deposited:
 22 19    Sec. 39.  Section 541A.3, subsection 5, Code 2001, is
 22 20 amended to read as follows:
 22 21    5.  The administrator shall coordinate the filing of claims
 22 22 for savings refunds authorized under subsection 1, between
 22 23 account holders, operating organizations, and the department
 22 24 of revenue and finance.  Claims approved by the administrator
 22 25 may be paid by the department of revenue and finance to each
 22 26 account, or for an aggregate amount for distribution to the
 22 27 accounts in a particular financial institution, or to an
 22 28 operating organization's central reserve account for later
 22 29 distribution to the account holders' accounts depending on the
 22 30 efficiency for issuing the refunds.  Claims shall be initially
 22 31 filed with the administrator on or before a date established
 22 32 by the administrator.  Claims approved by the administrator
 22 33 shall be paid from the general fund of the state in the manner
 22 34 specified in section 422.74.
 22 35    Sec. 40.  Section 556.12, subsection 1, Code 2001, is
 23  1 amended to read as follows:
 23  2    1.  If a report has been filed with the treasurer of state,
 23  3 or property has been paid or delivered to the treasurer of
 23  4 state, for the fiscal year ending on June 30 as required by
 23  5 section 556.11, the treasurer of state shall provide for the
 23  6 publication annually of at least one notice not later than
 23  7 which notice shall not be published between the following
 23  8 September 10 and the following November 30 10.  Each notice
 23  9 shall be published at least once each week for two successive
 23 10 weeks in an English language newspaper of general circulation
 23 11 in the county in this state in which is located the last known
 23 12 address of any person to be named in the notice.  If an
 23 13 address is not listed or if the address is outside this state,
 23 14 the notice shall be published in the county in which the
 23 15 holder of the abandoned property has its principal place of
 23 16 business within this state.
 23 17    Sec. 41.  Section 602.1302, subsection 3, Code 2001, is
 23 18 amended to read as follows:
 23 19    3.  A revolving fund is created in the state treasury for
 23 20 the payment of jury and witness fees, and mileage, and costs
 23 21 related to summoning jurors by the judicial branch.  The
 23 22 judicial branch shall deposit any reimbursements to the state
 23 23 for the payment of jury and witness fees and mileage in the
 23 24 revolving fund.  Notwithstanding section 8.33, unencumbered
 23 25 and unobligated receipts in the revolving fund at the end of a
 23 26 fiscal year do not revert to the general fund of the state.
 23 27 The judicial branch shall on or before February 1 file a
 23 28 financial accounting of the moneys in the revolving fund with
 23 29 the legislative fiscal bureau.  The accounting shall include
 23 30 an estimate of disbursements from the revolving fund for the
 23 31 remainder of the fiscal year and for the next fiscal year.
 23 32    Sec. 42.  Section 602.8108, subsection 5, Code Supplement
 23 33 2001, is amended to read as follows:
 23 34    5.  A court technology and modernization fund is
 23 35 established as a separate fund in the state treasury.  The
 24  1 state court administrator shall allocate one million dollars
 24  2 of the moneys received under subsection 2 to be deposited in
 24  3 the fund, which shall be administered by the supreme court and
 24  4 shall be used as follows:
 24  5    a.  Eighty percent shall be used to enhance the ability of
 24  6 the judicial branch to process cases more quickly and
 24  7 efficiently, to electronically transmit information to state
 24  8 government, local governments, law enforcement agencies, and
 24  9 the public, and to improve public access to the court system.
 24 10 Moneys in this paragraph shall not be used for the Iowa court
 24 11 information system.
 24 12    b.  Twenty percent shall be used in equal amounts to
 24 13 facilitate alternative dispute resolution and methods to
 24 14 resolve domestic abuse cases, which may include personnel for
 24 15 hearings under section 236.4.
 24 16    Sec. 43.  2001 Iowa Acts, chapter 182, section 7,
 24 17 subsection 2, is amended by adding the following new
 24 18 paragraph:
 24 19    NEW PARAGRAPH.  g.  Notwithstanding section 8.33, any
 24 20 moneys which exceed the amount budgeted in the fiscal year
 24 21 beginning July 1, 2001, and ending June 30, 2002, that remain
 24 22 unencumbered or unobligated at the close of the fiscal year
 24 23 shall not revert but shall remain available for expenditure by
 24 24 the veterans home until the close of the succeeding fiscal
 24 25 year.  For the purposes of this paragraph, "moneys" means cash
 24 26 receipts, accruals attributable to the fiscal year beginning
 24 27 July 1, 2001, and ending June 30, 2002, and the amount of the
 24 28 estimated reversions to the general fund, as last agreed to by
 24 29 the state revenue estimating conference during fiscal year
 24 30 beginning July 1, 2001.
 24 31    Sec. 44.  Section 904.108, subsection 1, paragraph o, Code
 24 32 Supplement 2001, is amended to read as follows:
 24 33    o.  Establish and maintain a correctional training center
 24 34 at the Mount Pleasant correctional facility program.
 24 35    Sec. 45.  IOWA CONGRESSIONAL MEDAL OF HONOR RECIPIENTS.
 25  1 The department of cultural affairs shall conduct a study to
 25  2 identify an appropriate location in the state capitol for a
 25  3 plaque and display honoring the Iowa recipients of the
 25  4 congressional medal of honor.  The department shall report the
 25  5 findings and recommendations of the study to the governor and
 25  6 general assembly on or before December 31, 2002.
 25  7    Sec. 46.  DUPLICATION AND REORGANIZATION REVIEWS.  In
 25  8 implementing the requirements of 2002 Iowa Acts, Senate File
 25  9 2326, division I, involving the department of general
 25 10 services, department of management, department of personnel,
 25 11 and information technology department identifying duplicative
 25 12 positions or studying the reorganization of state government,
 25 13 those departments shall consult with the departments that may
 25 14 be affected, consider previously conducted studies or reviews,
 25 15 and identify the projected impacts of recommended changes upon
 25 16 the general fund of the state, road use tax fund, and any
 25 17 other affected funding source.
 25 18    Sec. 47.  CHEROKEE MENTAL HEALTH INSTITUTE – RELOCATION OF
 25 19 SEXUALLY VIOLENT PREDATORS UNIT.  In implementing the
 25 20 relocation of the unit for commitment of sexually violent
 25 21 predators from Oakdale to the state mental health institute at
 25 22 Cherokee in the fiscal year beginning July 1, 2002, in
 25 23 accordance with the requirement in the appropriation for the
 25 24 unit in 2002 Iowa Acts, Senate File 2326, it is the intent of
 25 25 the general assembly that the department of human services
 25 26 complete the renovation of space at the institute and the
 25 27 relocation of the unit as expeditiously as possible.  If
 25 28 requested by the department of human services as necessary to
 25 29 complete the renovation of space and relocation as
 25 30 expeditiously as possible, notwithstanding any provision of
 25 31 law or rule to the contrary, the department of general
 25 32 services shall grant a waiver for purposes of the renovation
 25 33 project from those requirements in administrative rule and
 25 34 policy that would otherwise govern the length of time the
 25 35 renovation project components are noticed.
 26  1    Sec. 48.  EXPENDITURE REPORTS.  For the fiscal year
 26  2 beginning July 1, 2002, the department of agriculture and land
 26  3 stewardship and the department of natural resources shall each
 26  4 file a written report on a quarterly basis with the
 26  5 chairpersons and ranking members of the joint appropriations
 26  6 subcommittee on agriculture and natural resources and the
 26  7 legislative fiscal bureau regarding all expenditures of moneys
 26  8 appropriated from the general fund of the state or from other
 26  9 funds available to either department during the quarter and
 26 10 the number of full-time equivalent positions allocated during
 26 11 the quarter.
 26 12    Sec. 49.  IPERS POSITIONS.  The number of full-time
 26 13 equivalent positions authorized the Iowa public employees'
 26 14 retirement system division in 2002 Iowa Acts, Senate File
 26 15 2326, section 15, subsection 1, if enacted, is increased by
 26 16 2.00 full-time equivalent positions.
 26 17    Sec. 50.  2002 Iowa Acts, Senate File 2326, section 25,
 26 18 unnumbered paragraph 4, if enacted, is amended to read as
 26 19 follows:
 26 20    If 2002 Iowa Acts, House File 681, is enacted and provides
 26 21 for the pledging of collateral in relation to the deposit of
 26 22 uninsured public funds, then the treasurer of state is
 26 23 authorized not more than the following additional full-time
 26 24 equivalent positions for the purposes provided for in that
 26 25 Act:  
 26 26 ............................................... FTEs       2.00
 26 27                                                  FTE       1.00
 26 28    Sec. 51.  SCOPE OF PRACTICE REVIEW COMMITTEE.  2002 Iowa
 26 29 Acts, Senate File 2326, section 91, subsection 10, paragraph
 26 30 a, if enacted, is amended to read as follows:
 26 31    a.  The department may expend funds received from licensing
 26 32 fees in addition to amounts appropriated in this subsection,
 26 33 if those additional expenditures are directly the result of a
 26 34 scope of practice review committee or unanticipated litigation
 26 35 costs arising from the discharge of an examining board's
 27  1 regulatory duties.  Before the department expends or encumbers
 27  2 funds for a scope of practice review committee or an amount in
 27  3 excess of the funds budgeted for an examining board, the
 27  4 director of the department of management shall approve the
 27  5 expenditure or encumbrance.  The amounts necessary to fund any
 27  6 unanticipated litigation or scope of practice review committee
 27  7 expense in the fiscal year beginning July 1, 2002, shall not
 27  8 exceed 5 percent of the average annual fees generated by the
 27  9 boards for the previous two fiscal years.
 27 10    Sec. 52.  SCOPE OF PRACTICE REVIEW COMMITTEE.  2002 Iowa
 27 11 Acts, Senate File 2326, section 98, if enacted, is repealed.
 27 12    Sec. 53.  2002 Iowa Acts, Senate File 2326, section 134, if
 27 13 enacted, is amended to read as follows:
 27 14    SEC. 134.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 27 15 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR
 27 16 ADJUSTMENT AND ALLOCATIONS – DISTRIBUTION FOR FY 2002-2003.
 27 17    1.  For the fiscal year beginning July 1, 2002, the moneys
 27 18 appropriated in 2001 Acts, chapter 176, section 1, as amended
 27 19 by this division of this Act, for distribution to counties of
 27 20 the county mental health, mental retardation, and
 27 21 developmental disabilities allowed growth factor adjustment,
 27 22 shall be distributed as provided in this section in lieu of
 27 23 the provisions of section 331.438, subsection 2, and section
 27 24 331.439, subsection 3, and chapter 426B, as follows:
 27 25    a.  The first $2,000,000 500,000 shall be credited to the
 27 26 risk pool created in the property tax relief fund and shall be
 27 27 distributed pursuant to section 426B.5, subsection 2.
 27 28    b.  The remaining $12,500,000 14,000,000 shall be
 27 29 distributed as provided in this section.
 27 30    2.  The following formula amounts shall be utilized only to
 27 31 calculate preliminary distribution amounts for fiscal year
 27 32 2002-2003 under this section by applying the indicated formula
 27 33 provisions to the formula amounts and producing a preliminary
 27 34 distribution total for each county:
 27 35    a.  For calculation of an allowed growth factor adjustment
 28  1 amount for each county in accordance with the formula in
 28  2 section 331.438, subsection 2, paragraph "b":  
 28  3 .................................................. $ 12,000,000
 28  4    b.  For calculation of a distribution amount for eligible
 28  5 counties from the per capita expenditure target pool created
 28  6 in the property tax relief fund in accordance with the
 28  7 requirements in section 426B.5, subsection 1:  
 28  8 .................................................. $ 12,492,712
 28  9                                                      14,492,712
 28 10    c.  For calculation of a distribution amount for counties
 28 11 from the mental health and developmental disabilities (MH/DD)
 28 12 community services fund in accordance with the formula
 28 13 provided in this division of this Act:  
 28 14 .................................................. $ 18,127,352
 28 15    3.  Notwithstanding any contrary provisions of sections
 28 16 225C.7, 331.438, subsection 2, 331.439, subsection 3, and
 28 17 426B.5, the moneys allocated for distribution in subsection 1,
 28 18 paragraph "b", and in any other Act of the Seventy-ninth
 28 19 General Assembly, 2002 Session, for distribution to counties
 28 20 in the fiscal year beginning July 1, 2002, for purposes of the
 28 21 mental health and developmental disabilities (MH/DD) community
 28 22 services fund under section 225C.7, and for the allowed growth
 28 23 factor adjustment for services paid under a county's section
 28 24 331.424A mental health, mental retardation, and developmental
 28 25 disabilities services fund and as calculated under subsection
 28 26 2 to produce preliminary distribution amounts for counties
 28 27 shall be subject to withholding as provided in this section.
 28 28    4.  After applying the applicable statutory distribution
 28 29 formulas to the amounts indicated in subsection 2 for purposes
 28 30 of formula calculations to produce preliminary distribution
 28 31 totals, the department of human services shall apply a
 28 32 withholding factor to adjust an eligible individual county's
 28 33 preliminary distribution total.  An ending balance percentage
 28 34 for each county shall be determined by expressing the county's
 28 35 ending balance on a modified accrual basis under generally
 29  1 accepted accounting principles for the fiscal year beginning
 29  2 July 1, 2001, in the county's mental health, mental
 29  3 retardation, and developmental disabilities services fund
 29  4 created under section 331.424A, as a percentage of the
 29  5 county's gross expenditures from that fund for that fiscal
 29  6 year.  The withholding factor for a county shall be the
 29  7 following applicable percent:
 29  8    a.  For an ending balance percentage of less than 10
 29  9 percent, a withholding factor of 0 percent.
 29 10    b.  For an ending balance percentage of 10 through 24
 29 11 percent, a withholding factor of 25 41.47 percent.
 29 12    c.  For an ending balance percentage of 25 through 34
 29 13 percent, a withholding factor of 60 percent.
 29 14    d.  For an ending balance percentage of 35 through 44
 29 15 percent, a withholding factor of 85 percent.
 29 16    e.  For an ending balance percentage of 45 percent or more,
 29 17 a withholding factor of 100 percent.
 29 18    5.  The total withholding amounts applied pursuant to
 29 19 subsection 4 shall be equal to a withholding target amount of
 29 20 $11,992,712 12,492,712 and the appropriation made in this
 29 21 division of this Act for the MH/DD community services fund and
 29 22 the appropriation made in 2001 Iowa Acts, chapter 176, section
 29 23 1, as amended by this division of this Act shall be reduced by
 29 24 the amount necessary to attain the withholding target amount.
 29 25 If the department of human services determines that the amount
 29 26 to be withheld in accordance with subsection 4 is not equal to
 29 27 the target withholding amount, the department shall adjust the
 29 28 withholding factors listed in subsection 4 as necessary to
 29 29 achieve the withholding target amount.  However, in making
 29 30 such adjustments to the withholding factors, the department
 29 31 shall strive to minimize changes to the withholding factors
 29 32 for those ending balance percentage ranges that are lower than
 29 33 others and shall not adjust the zero withholding factor
 29 34 specified in subsection 4, paragraph "a".
 29 35    6.  A In order to be eligible for a funding distribution
 30  1 under this section, a county must levy at least 70 percent of
 30  2 the maximum allowed for the county's services fund under
 30  3 section 331.424A for taxes due and payable in the fiscal year
 30  4 beginning July 1, 2002, and comply with the December 1, 2002,
 30  5 filing deadline for the county annual financial report in
 30  6 accordance with section 331.403.  The amount that would
 30  7 otherwise be available for distribution to a county that fails
 30  8 to so comply shall be proportionately distributed among the
 30  9 eligible counties.
 30 10    7.  The department of human services shall authorize the
 30 11 issuance of warrants payable to the county treasurer for the
 30 12 distribution amounts due the counties eligible under this
 30 13 section and notwithstanding prior practice for the MH/DD
 30 14 community services fund, the warrants shall be issued in
 30 15 January 2003.
 30 16    Sec. 54.  2002 Iowa Acts, Senate File 2326, section 104,
 30 17 subsection 12, if enacted, is amended to read as follows:
 30 18    12.  If federal funding is received or if moneys are
 30 19 appropriated, the department may participate Of the moneys
 30 20 appropriated in this section, $150,000 shall be used as state
 30 21 matching funds, in combination with federal and private funds,
 30 22 for participation in a federal home telecare pilot program
 30 23 intended to manage health care needs of subpopulations of
 30 24 Iowans and specifically including subpopulations of Iowans who
 30 25 require high utilization of health care services and represent
 30 26 a disproportionate share of consumption of health care
 30 27 services.  The program shall be administered by the Iowa
 30 28 telecare consortium, which is a collaboration of public,
 30 29 private, academic, and governmental participants coordinated
 30 30 by Des Moines university – osteopathic medical center.  The
 30 31 program may direct telecare services to persons with diagnoses
 30 32 of specific nonacute chronic illnesses, which may include, but
 30 33 are not limited to, chronic obstructive pulmonary disease,
 30 34 congestive heart disease, diabetes, and asthma.  Des Moines
 30 35 university – osteopathic medical center shall submit a report
 31  1 to the general assembly by January 15, 2003, regarding the
 31  2 status of the pilot program.  The program guidelines shall be
 31  3 consistent with those specified under 2001 Iowa Acts, chapter
 31  4 191, section 7, subsection 15.
 31  5    Sec. 55.  2002 Iowa Acts, Senate File 2326, section 154,
 31  6 subsection 2, unnumbered paragraph 2, if enacted, is amended
 31  7 to read as follows:
 31  8    Riverboat enforcement costs shall be billed in accordance
 31  9 with section 99F.10, subsection 4, and section 99F.10A.  The
 31 10 costs shall be not more than the department's estimated
 31 11 expenditures, including salary adjustment, for riverboat
 31 12 enforcement for the fiscal year.  The costs billed to the
 31 13 riverboats shall not be more than $1,280,000 in excess of the
 31 14 amount billed to the riverboats in the fiscal year beginning
 31 15 July 1, 2001.  Racetrack enforcement costs shall be billed in
 31 16 accordance with section 99D.14, subsection 7, and section
 31 17 99D.14A.  The costs shall be not more than the department's
 31 18 estimated expenditures, including salary adjustment, for
 31 19 racetrack enforcement for the fiscal year.  The costs billed
 31 20 to the racetracks shall not be more than $420,000 in excess of
 31 21 the amount billed to the racetracks in the fiscal year
 31 22 beginning July 1, 2001.
 31 23    Sec. 56.  PUBLIC TRANSIT ASSISTANCE APPROPRIATION.  2002
 31 24 Iowa Acts, Senate File 2326, section 175, subsection 14, if
 31 25 enacted, is amended by striking the subsection.
 31 26    Sec. 57.  PUBLIC TRANSIT ASSISTANCE APPROPRIATION.
 31 27 Notwithstanding section 312.2, subsection 14, the amount
 31 28 appropriated from the general fund of the state under section
 31 29 312.2, subsection 14, to the state department of
 31 30 transportation for public transit assistance under chapter
 31 31 324A for the fiscal year beginning July 1, 2001, and ending
 31 32 June 30, 2002, is reduced by the following amount:  
 31 33 .................................................. $  1,107,938
 31 34    Sec. 58.  Chapter 2A, Code 2001, is repealed.
 31 35    Sec. 59.  EFFECTIVE DATE – CONTINGENCY – REPORT TO CODE
 32  1 EDITOR.  The section of this division of this Act amending
 32  2 section 249A.3, relating to the optional category of
 32  3 individuals covered under the medical assistance program
 32  4 relating to persons with disabilities who have earned income,
 32  5 takes effect only if the department does not win the appeal
 32  6 against the centers for Medicare and Medicaid of the United
 32  7 States department of health and human services relating to the
 32  8 state plan amendment.  The department shall notify the Code
 32  9 editor when the department is notified of a decision on the
 32 10 appeal in order to identify an effective date.
 32 11    Sec. 60.  EFFECTIVE DATE.  The section of this division of
 32 12 this Act that amends 2001 Iowa Acts, chapter 182, section 7,
 32 13 being deemed of immediate importance, takes effect upon
 32 14 enactment.  
 32 15                          DIVISION III
 32 16                      CORRECTIVE AMENDMENTS
 32 17    Sec. 61.  Section 8.55, subsection 2, paragraph d, if
 32 18 enacted by 2002 Iowa Acts, House File 2075, section 1, is
 32 19 amended to read as follows:
 32 20    d.  Notwithstanding paragraph "a", any moneys in excess of
 32 21 the maximum balance in the economic emergency fund after the
 32 22 distribution of the surplus in the general fund of the state
 32 23 at the conclusion of each fiscal year and after the
 32 24 appropriate amount amounts have been transferred pursuant to
 32 25 paragraphs "b" and "c" shall not be transferred to the general
 32 26 fund of the state but shall be transferred to the endowment
 32 27 for Iowa's health account of the tobacco settlement trust
 32 28 fund.  The total amount transferred, in the aggregate, under
 32 29 this paragraph for all fiscal years shall not exceed the
 32 30 difference between fifty-one million five hundred thousand
 32 31 dollars and the amounts transferred to the endowment for
 32 32 Iowa's health account to repay the amounts transferred or
 32 33 appropriated from the endowment for Iowa's health account in
 32 34 2002 Iowa Acts, House File 2245, 2002 Iowa Acts, Senate File
 32 35 2304, and 2002 Iowa Acts, Senate File 2315.
 33  1    Sec. 62.  Section 10D.1, unnumbered paragraph 1, as enacted
 33  2 by 2002 Iowa Acts, Senate File 2210, section 3, is amended to
 33  3 read as follows:
 33  4    As used in this section chapter, unless the context
 33  5 otherwise requires:
 33  6    Sec. 63.  Section 15E.42, subsection 3, as enacted by 2002
 33  7 Iowa Acts, House File 2271, section 2, is amended to read as
 33  8 follows:
 33  9    3.  "Investor" means an individual making a cash investment
 33 10 in a qualifying business or a person making a cash investment
 33 11 in a community-based seed capital fund.  "Investor" does not
 33 12 include a person which is a current or previous owner, member,
 33 13 or shareholder in a qualified qualifying business.
 33 14    Sec. 64.  Section 15E.43, subsection 1, paragraph a, as
 33 15 enacted by 2002 Iowa Acts, House File 2271, section 3, is
 33 16 amended to read as follows:
 33 17    a.  For tax years beginning on or after January 1, 2002, a
 33 18 tax credit shall be allowed against the taxes imposed in
 33 19 chapter 422, division II, for a portion of an individual
 33 20 taxpayer's equity investment, as provided in subsection 2, in
 33 21 a qualified qualifying business.  An individual shall not
 33 22 claim a tax credit under this paragraph of a partnership,
 33 23 limited liability company, S corporation, estate, or trust
 33 24 electing to have income taxed directly to the individual.
 33 25    Sec. 65.  Section 15E.224, subsection 1, as enacted by 2002
 33 26 Iowa Acts, House File 2078, section 4, is amended to read as
 33 27 follows:
 33 28    1.  An Iowa capital investment corporation may be organized
 33 29 as a private, not-for-profit corporation under chapter 504A.
 33 30 The Iowa capital investment corporation is not a public
 33 31 corporation or instrumentality of the state and shall not
 33 32 enjoy any of the privileges and shall not be required to
 33 33 comply with the requirements of a state agency.  Except as
 33 34 otherwise provided in this division, this division does not
 33 35 exempt the corporation from the requirements under state law
 34  1 which apply to other corporations organized under chapter
 34  2 504A.  The purposes of an Iowa capital investment corporation
 34  3 shall be to organize the Iowa fund of funds, to select a
 34  4 venture capital investment fund allocation manager to select
 34  5 venture capital fund investments by the Iowa fund of funds, to
 34  6 negotiate the terms of a contract with the venture capital
 34  7 investment fund allocation manager, to execute the contract
 34  8 with the selected venture capital investment fund allocation
 34  9 manager on behalf of the Iowa fund of funds, to receive
 34 10 investment returns from the Iowa fund of funds, and to
 34 11 reinvest the investment returns in additional venture capital
 34 12 investments designed to result in a significant potential to
 34 13 create jobs and to diversify and stabilize the economy of the
 34 14 state.  The corporation shall not exercise governmental
 34 15 functions and shall not have members.  The obligations of the
 34 16 corporation are not obligations of this state or any political
 34 17 subdivision of this state within the meaning of any
 34 18 constitutional or statutory debt limitations, but are
 34 19 obligations of the corporation payable solely and only from
 34 20 the corporation's funds.  The corporation shall not and cannot
 34 21 pledge the credit or taxing power of this state or any
 34 22 political subdivision of this state or make its debts payable
 34 23 out of any moneys except those of the corporation.
 34 24    Sec. 66.  Section 29A.90, subsection 3, if enacted by 2002
 34 25 Iowa Acts, Senate File 2124, section 24, is amended to read as
 34 26 follows:
 34 27    3.  "Military service" means full-time active state service
 34 28 or state active duty, as defined in section 29A.1, for a
 34 29 period of at least ninety consecutive days, commencing on or
 34 30 after the effective date of this division of this Act.
 34 31    Sec. 67.  Section 41.1, subsection 28, Code 2001, as
 34 32 amended by 2001 Iowa Acts, First Extraordinary Session,
 34 33 chapter 1, section 2, is amended to read as follows:
 34 34    28.  The twenty-eighth representative district in Dubuque
 34 35 county shall consist of those portions of Dubuque and Table
 35  1 Mound townships and the city of Dubuque bounded by a line
 35  2 commencing at the point Asbury road intersects the east
 35  3 corporate limit of the city of Asbury, then proceeding first
 35  4 south, and then in a clockwise manner along the corporate
 35  5 limits of the city of Asbury until it intersects the west east
 35  6 boundary of Dubuque Center township, then proceeding first
 35  7 south, and then in a clockwise manner along the west boundary
 35  8 of Dubuque Center township until it intersects the east
 35  9 boundary of Vernon township and the corporate limits of the
 35 10 city of Dubuque, then proceeding first west south, and then in
 35 11 a counterclockwise manner along the corporate limits of the
 35 12 city of Dubuque until it intersects the south boundary of
 35 13 Dubuque township, then proceeding east along the south
 35 14 boundary of Dubuque township until it intersects the corporate
 35 15 limits of the city of Dubuque, then proceeding first east, and
 35 16 then in a counterclockwise manner along the corporate limits
 35 17 of the city of Dubuque until it intersects the east boundary
 35 18 of Table Mound township, then proceeding north along the
 35 19 boundary of Table Mound township until it intersects the
 35 20 corporate limits of the city of Dubuque, then proceeding first
 35 21 east, and then in a counterclockwise manner along the
 35 22 corporate limits of the city of Dubuque until it intersects
 35 23 the Peosta channel of the Mississippi river, then proceeding
 35 24 southwesterly along the Peosta channel until it intersects
 35 25 East Sixteenth street, then proceeding southwesterly along
 35 26 East Sixteenth street until it intersects Kerper boulevard,
 35 27 then proceeding northerly along Kerper boulevard until it
 35 28 intersects Fengler street, then proceeding northwest along
 35 29 Fengler street until it intersects the I & M Rail Link tracks,
 35 30 then proceeding southwest along the I & M Rail Link tracks
 35 31 until it intersects the extension of Stafford street, then
 35 32 proceeding westerly along the extension of Stafford street
 35 33 until it intersects Garfield avenue, then proceeding southwest
 35 34 along Garfield avenue until it intersects East Twentieth
 35 35 street, then proceeding southwesterly along East Twentieth
 36  1 street until it intersects Central avenue, then proceeding
 36  2 northwest along Central avenue until it intersects West
 36  3 Twenty-third street, then proceeding southwesterly along West
 36  4 Twenty-third street until it intersects Valeria street, then
 36  5 proceeding northwesterly along Valeria street until it
 36  6 intersects Kaufmann avenue, then proceeding southeast along
 36  7 Kaufmann avenue until it intersects Hempstead street, then
 36  8 proceeding southwest along Hempstead street until it
 36  9 intersects Montcrest street, then proceeding westerly along
 36 10 Montcrest street until it intersects Portland street, then
 36 11 proceeding southwest along Portland street until it intersects
 36 12 Abbott street, then proceeding south along Abbott street until
 36 13 it intersects Lowell street, then proceeding east along Lowell
 36 14 street until it intersects Harold street, then proceeding
 36 15 south along Harold street until it intersects Clarke drive,
 36 16 then proceeding easterly along Clarke drive until it
 36 17 intersects Foye street, then proceeding southerly along Foye
 36 18 street until it intersects West Locust street, then proceeding
 36 19 west along West Locust street until it intersects Kirkwood
 36 20 street, then proceeding southwest along Kirkwood street until
 36 21 it intersects Cox street, then proceeding southeast along Cox
 36 22 street until it intersects Loras boulevard, then proceeding
 36 23 southwest along Loras boulevard until it intersects Wood
 36 24 street, then proceeding southeast along Wood street until it
 36 25 intersects University avenue, then proceeding east along
 36 26 University avenue until it intersects Delhi street, then
 36 27 proceeding southwest along Delhi street until it intersects
 36 28 West Fifth street, then proceeding southeast along West Fifth
 36 29 street until it intersects College street, then proceeding
 36 30 southerly along College street until it intersects West Third
 36 31 street, then proceeding southwest along West Third street
 36 32 until it intersects North Grandview avenue, then proceeding
 36 33 south along North Grandview avenue until it intersects Hale
 36 34 street, then proceeding west along Hale street until it
 36 35 intersects North Algona street, then proceeding north along
 37  1 North Algona street until it intersects Bennett street, then
 37  2 proceeding west along Bennett street until it intersects
 37  3 McCormick street, then proceeding northerly along McCormick
 37  4 street until it intersects Mineral street, then proceeding
 37  5 west along Mineral street until it intersects O'Hagen street,
 37  6 then proceeding north along O'Hagen street until it intersects
 37  7 Pearl street, then proceeding west along Pearl street until it
 37  8 intersects Finley street, then proceeding northwest along
 37  9 Finley street until it intersects University avenue, then
 37 10 proceeding northeast along University avenue until it
 37 11 intersects Asbury road, then proceeding northwesterly along
 37 12 Asbury road until it intersects Wilbricht lane, then
 37 13 proceeding west along Wilbricht lane until it intersects Flora
 37 14 Park road, then proceeding southwesterly along Flora Park road
 37 15 until it intersects Pennsylvania avenue, then proceeding west
 37 16 along Pennsylvania avenue until it intersects Churchill drive,
 37 17 then proceeding north along Churchill drive until it
 37 18 intersects St.  Anne drive, then proceeding west along St.
 37 19 Anne drive until it intersects Carter road, then proceeding
 37 20 north along Carter road until it intersects Hillcrest road,
 37 21 then proceeding west along Hillcrest road until it intersects
 37 22 John F. Kennedy road, then proceeding north along John F.
 37 23 Kennedy road until it intersects Hillcrest road, then
 37 24 proceeding west along Hillcrest road until it intersects Key
 37 25 Largo drive, then proceeding south along Key Largo drive until
 37 26 it intersects Keymeer drive, then proceeding east along
 37 27 Keymeer drive until it intersects Key Way drive, then
 37 28 proceeding south along Key Way drive until it intersects the
 37 29 north fork of Catfish creek, then proceeding west along the
 37 30 north fork of Catfish creek until it intersects the extension
 37 31 of Winne court, then proceeding north along Winne court and
 37 32 its extension until it intersects Hillcrest road, then
 37 33 proceeding east along Hillcrest road until it intersects the
 37 34 north branch of the north fork of Catfish creek, then
 37 35 proceeding northwesterly along the north branch of the north
 38  1 fork of Catfish creek until it intersects the northwest branch
 38  2 of the north fork of Catfish creek, then proceeding northwest
 38  3 along the northwest branch of the north fork of Catfish creek
 38  4 until it intersects Asbury road, then proceeding west along
 38  5 Asbury road to the point of origin.
 38  6    Sec. 68.  Section 53.7, subsection 2, Code 2001, as amended
 38  7 by 2002 Iowa Acts, House File 2409, section 11, is amended to
 38  8 read as follows:
 38  9    2.  It is unlawful for any public officer or employee, or
 38 10 any person acting under color of a public officer or employee,
 38 11 to knowingly require a public employee to solicit an
 38 12 application or request for an application for an absentee
 38 13 ballot, or to knowingly requires that require an employee to
 38 14 take an affidavit or request for an affidavit in connection
 38 15 with an absentee ballot application.
 38 16    Sec. 69.  Section 303A.7, subsection 1, as enacted by 2002
 38 17 Iowa Acts, House File 2571, section 8, is amended to read as
 38 18 follows:
 38 19    1.  An Iowa cultural trust grant account is created in the
 38 20 office of the treasurer of state under the control of the
 38 21 board to receive interest attributable to the investment of
 38 22 trust fund moneys as required by section 303A.4, subsection 4.
 38 23 The moneys in the grant account are appropriated to the board
 38 24 for purposes of the Iowa cultural trust created in section
 38 25 303A.4. Moneys in the grant account shall not be subject to
 38 26 appropriation for any other purpose by the general assembly,
 38 27 but shall be used only for the purposes of the Iowa cultural
 38 28 trust.  The treasurer of state shall act as custodian of the
 38 29 grant account and disburse moneys contained in the grant
 38 30 account as directed by the board.  The board shall make
 38 31 expenditures from the grant account consistent with the
 38 32 purposes of the Iowa cultural trust.
 38 33    Sec. 70.  Section 356.36A, as enacted by 2002 Iowa Acts,
 38 34 Senate File 2278, section 1, is amended to read as follows:
 38 35    356.36A  CONFINEMENT AND DETENTION REPORT – DESIGN
 39  1 PROPOSALS.
 39  2    The division of criminal and juvenile justice planning of
 39  3 the department of human rights, in consultation with the
 39  4 department of corrections, the Iowa county attorneys
 39  5 association, the Iowa state sheriff's association, the Iowa
 39  6 association of chiefs of police and peace officers, a
 39  7 statewide organization representing rural property taxpayers,
 39  8 the Iowa league of cities, and the Iowa board of supervisors
 39  9 association, shall prepare a report analyzing the confinement
 39 10 and detention needs of jails and facilities established
 39 11 pursuant to chapter chapters 356 and 356A.  The report for
 39 12 each type of jail or facility shall include but is not limited
 39 13 to an inventory of prisoner space, daily prisoner counts,
 39 14 options for detention of prisoners with mental illness or
 39 15 substance abuse service needs, and the compliance status under
 39 16 section 356.36 for each jail or facility.  The report shall
 39 17 contain an inventory of recent jail or facility construction
 39 18 projects in which voters have approved the issuance of general
 39 19 obligation bonds, essential county purpose bonds, revenue
 39 20 bonds, or bonds issued pursuant to chapter 422B.  The report
 39 21 shall be revised periodically as directed by the administrator
 39 22 of the division of criminal and juvenile justice planning.
 39 23 The first submission of the report shall include
 39 24 recommendations on offender data needed to estimate jail space
 39 25 needs in the next two, three, and five years, on a county,
 39 26 geographic region, and statewide basis, which may be based
 39 27 upon information submitted pursuant to section 356.49.
 39 28    Sec. 71.  Section 359.49, subsection 7A, unnumbered
 39 29 paragraph 1, as enacted by 2002 Iowa Acts, House File 2448,
 39 30 section 1, is amended to read as follows:
 39 31    A township that has entered into an agreement with a
 39 32 municipality to receive fire protection service or emergency
 39 33 medical service from the municipality may request that a
 39 34 portion of its taxes be paid directly to the municipality
 39 35 providing the fire protection service or emergency medical
 40  1 service.  Each year, the township must note its request on the
 40  2 budget and must attach a copy of the emergency services
 40  3 agreement to each copy of the budget transmitted to the county
 40  4 auditor.  The auditor shall direct the county treasurer as to
 40  5 what portion of the township taxes to disburse to the
 40  6 municipality providing the fire protection service or
 40  7 emergency medical service.
 40  8    Sec. 72.  Section 524.814, Code 2001, is amended to read as
 40  9 follows:
 40 10    524.814  PLEDGE OF ASSETS.
 40 11    Pursuant to a resolution of its board of directors, a state
 40 12 bank may lend or pledge its assets for the following purposes,
 40 13 and for no other purposes:
 40 14    1.  To secure deposits of the state bank or a bank that is
 40 15 an affiliate of the state bank when a customer is required to
 40 16 obtain such security, or a bank is required to provide
 40 17 security, by the laws of the United States, by any agency or
 40 18 instrumentality of the United States, by the laws of the state
 40 19 of Iowa, by the state board of regents, by a resolution or
 40 20 ordinance relating to the issuance of bonds, by the terms of
 40 21 any interstate compact or by order of any court of competent
 40 22 jurisdiction.  The lending of securities to a bank that is an
 40 23 affiliate, or the pledging of securities for the account of a
 40 24 bank that is an affiliate, shall be on terms and conditions
 40 25 that are consistent with safe and sound banking practices.
 40 26    2.  To secure money borrowed by the state bank, provided
 40 27 that capital notes or debentures issued pursuant to section
 40 28 524.404 shall not in any event be secured by a pledge of
 40 29 assets or otherwise.
 40 30    3.  To secure participations sold to the federal
 40 31 agricultural mortgage corporation.
 40 32    Sec. 73.  Section 633.4213, subsection 1, Code Supplement
 40 33 2001, as amended by 2002 Iowa Acts, House File 2531, if
 40 34 enacted, is amended to read as follows:
 40 35    1.  The trustee shall inform each qualified beneficiary of
 41  1 their the beneficiary's right to receive an annual accounting
 41  2 and a copy of the trust instrument.  The trustee shall also
 41  3 inform each qualified beneficiary about the process necessary
 41  4 to obtain an annual accounting or a copy of the trust
 41  5 instrument, if not provided.  The trustee shall further inform
 41  6 the beneficiary whether the beneficiary will, or will not,
 41  7 receive an annual accounting if the beneficiary fails to take
 41  8 any action.  If a beneficiary has previously been provided the
 41  9 notice required by this section, additional notice shall not
 41 10 be required due to a change of trustees or a change in the
 41 11 composition of the qualified beneficiaries.
 41 12    Sec. 74.  Section 724.26, as amended by 2002 Iowa Acts,
 41 13 House File 2363, section 4, is amended to read as follows:
 41 14    724.26  POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION
 41 15 AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS.
 41 16    A person who is convicted of a felony in a state or federal
 41 17 court, or who is adjudicated delinquent on the basis of
 41 18 conduct that would constitute a felony if committed by an
 41 19 adult, and who knowingly has under the person's dominion and
 41 20 control or possession, or receives, or transports or causes to
 41 21 be transported a firearm or offensive weapon is guilty of a
 41 22 class "D" felony.
 41 23    Sec. 75.  2001 Iowa Acts, chapter 174, section 1,
 41 24 subsection 1, unnumbered paragraph 3, as enacted by 2002 Iowa
 41 25 Acts, Senate File 2315, section 4, is amended to read as
 41 26 follows:
 41 27    For the fiscal year beginning July 1, 2002, and ending June
 41 28 30, 2003, of the $75,000,000 to be deposited in the endowment
 41 29 for Iowa's health account of the tobacco settlement trust fund
 41 30 under this subsection, the first $20,000,000 is appropriated
 41 31 to the department of management to pay that part of foundation
 41 32 aid which represents the allowable growth amounts for all
 41 33 school districts.  An appropriation from the general fund of
 41 34 the state for foundation aid which is supplanted by the
 41 35 appropriation made in this subsection, shall be reduced by the
 42  1 amount of the appropriation which supplants it.
 42  2    Sec. 76.  2002 Iowa Acts, Senate File 348, section 14, if
 42  3 enacted, is amended to read as follows:
 42  4    SEC. 14.  EXPEDITED APPLICATION PROCEDURE.  The state board
 42  5 of education shall develop an expedited charter school
 42  6 application procedure for the fiscal year beginning July 1,
 42  7 2003 2002, for purposes of receiving federal planning funds
 42  8 issued pursuant to the federal Elementary and Secondary
 42  9 Education Act of 1965, Title X, Part C, as codified in 20
 42 10 U.S.C. } 8061-8067.
 42 11    Sec. 77.  2002 Iowa Acts, Senate File 2326, section 38,
 42 12 subsection 2, if enacted, is amended to read as follows:
 42 13    2.  If House File 2524 2617 is enacted by the Seventy-ninth
 42 14 General Assembly, 2002 Session, the amount appropriated in
 42 15 subsection 1 shall be increased by $38,000.  The increased
 42 16 amount shall be used to fill a vacant position in the dairy
 42 17 products control bureau.
 42 18    Sec. 78.  2002 Iowa Acts, Senate File 2326, section 175,
 42 19 subsection 2, unnumbered paragraph 2, if enacted, is amended
 42 20 to read as follows:
 42 21    If total approved claims for reimbursement for nonpublic
 42 22 school pupil transportation claims exceed the amount
 42 23 appropriated in this section subsection, the department of
 42 24 education shall prorate the amount of each claim.
 42 25    Sec. 79.  2002 Iowa Acts, House File 2453, section 6, if
 42 26 enacted, is repealed.
 42 27    Sec. 80.  EFFECTIVE DATE.  The sections in this division of
 42 28 this Act amending new Code section 29A.90, subsection 3, and
 42 29 2002 Iowa Acts, Senate File 348, section 14, being deemed of
 42 30 immediate importance, take effect upon enactment.
 42 31    Sec. 81.  CONTINGENT EFFECTIVE DATE.  The section in this
 42 32 division of this Act amending section 524.814 is effective
 42 33 contingent upon the enactment of 2002 Iowa Acts, House File
 42 34 681.  
 42 35                           DIVISION IV
 43  1             MH/MR/DD – FY 2003-2004 ALLOWED GROWTH
 43  2    Sec. 82.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 43  3 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
 43  4 AND ALLOCATIONS – FISCAL YEAR 2003-2004.  There is
 43  5 appropriated from the general fund of the state to the
 43  6 department of human services for the fiscal year beginning
 43  7 July 1, 2003, and ending June 30, 2004, the following amount,
 43  8 or so much thereof as is necessary, to be used for the purpose
 43  9 designated:
 43 10    For distribution to counties of the county mental health,
 43 11 mental retardation, and developmental disabilities allowed
 43 12 growth factor adjustment, as provided in this section in lieu
 43 13 of the provisions of section 331.438, subsection 2, and
 43 14 section 331.439, subsection 3, and chapter 426B:  
 43 15 .................................................. $ 19,073,638
 43 16    1.  The funding appropriated in this section is the allowed
 43 17 growth factor adjustment for fiscal year 2003-2004, and is
 43 18 allocated as follows:
 43 19    a.  For distribution as provided in this section:  
 43 20 .................................................. $ 17,073,638
 43 21    b.  For deposit in the risk pool created in the property
 43 22 tax relief fund and for distribution in accordance with
 43 23 section 426B.5, subsection 2:  
 43 24 .................................................. $  2,000,000
 43 25    2.  The following formula amounts shall be utilized only to
 43 26 calculate preliminary distribution amounts for fiscal year
 43 27 2003-2004 under this section by applying the indicated formula
 43 28 provisions to the formula amounts and producing a preliminary
 43 29 distribution total for each county:
 43 30    a.  For calculation of an allowed growth factor adjustment
 43 31 amount for each county in accordance with the formula in
 43 32 section 331.438, subsection 2, paragraph "b":  
 43 33 .................................................. $ 12,000,000
 43 34    b.  For calculation of a distribution amount for eligible
 43 35 counties from the per capita expenditure target pool created
 44  1 in the property tax relief fund in accordance with the
 44  2 requirements in section 426B.5, subsection 1:  
 44  3 .................................................. $ 12,492,712
 44  4    c.  For calculation of a distribution amount for counties
 44  5 from the mental health and developmental disabilities (MH/DD)
 44  6 community services fund in accordance with the formula
 44  7 provided in 2002 Iowa Acts, Senate File 2326, section 119,
 44  8 subsection 1:  
 44  9 .................................................. $ 18,127,352
 44 10    3.  Notwithstanding any contrary provisions of sections
 44 11 225C.7, 331.438, subsection 2, 331.439, subsection 3, and
 44 12 426B.5, the moneys allocated for distribution in subsection 1,
 44 13 paragraph "b", and in any other Act of the Eightieth General
 44 14 Assembly, 2003 Session, for distribution to counties in the
 44 15 fiscal year beginning July 1, 2003, for purposes of the mental
 44 16 health and developmental disabilities (MH/DD) community
 44 17 services fund under section 225C.7, and for the allowed growth
 44 18 factor adjustment for services paid under a county's section
 44 19 331.424A mental health, mental retardation, and developmental
 44 20 disabilities services fund and as calculated under subsection
 44 21 2 to produce preliminary distribution amounts for counties
 44 22 shall be subject to withholding as provided in this section.
 44 23    4.  After applying the applicable statutory distribution
 44 24 formulas to the amounts indicated in subsection 2 for purposes
 44 25 to produce preliminary distribution totals, the department of
 44 26 human services shall apply a withholding factor to adjust an
 44 27 eligible individual county's preliminary distribution total.
 44 28 An ending balance percentage for each county shall be
 44 29 determined by expressing the county's ending balance on a
 44 30 modified accrual basis under generally accepted accounting
 44 31 principles for the fiscal year beginning July 1, 2002, in the
 44 32 county's mental health, mental retardation, and developmental
 44 33 disabilities services fund created under section 331.424A, as
 44 34 a percentage of the county's gross expenditures from that fund
 44 35 for that fiscal year.  The withholding factor for a county
 45  1 shall be the following applicable percent:
 45  2    a.  For an ending balance percentage of less than 10
 45  3 percent, a withholding factor of 0 percent.
 45  4    b.  For an ending balance percentage of 10 through 24
 45  5 percent, a withholding factor of 25 percent.
 45  6    c.  For an ending balance percentage of 25 through 34
 45  7 percent, a withholding factor of 60 percent.
 45  8    d.  For an ending balance percentage of 35 through 44
 45  9 percent, a withholding factor of 85 percent.
 45 10    e.  For an ending balance percentage of 45 percent or more,
 45 11 a withholding factor of 100 percent.
 45 12    5.  The total withholding amounts applied pursuant to
 45 13 subsection 4 shall be equal to a withholding target amount of
 45 14 $7,419,074 and the appropriation enacted by the Eightieth
 45 15 General Assembly, 2003 Session, for the MH/DD community
 45 16 services fund shall be reduced by the amount necessary to
 45 17 attain the withholding target amount.  If the department of
 45 18 human services determines that the amount to be withheld in
 45 19 accordance with subsection 4 is not equal to the target
 45 20 withholding amount, the department shall adjust the
 45 21 withholding factors listed in subsection 4 as necessary to
 45 22 achieve the withholding target amount.  However, in making
 45 23 such adjustments to the withholding factors, the department
 45 24 shall strive to minimize changes to the withholding factors
 45 25 for those ending balance percentage ranges that are lower than
 45 26 others and shall not adjust the zero withholding factor
 45 27 specified in subsection 4, paragraph "a".
 45 28    6.  A county must comply with both the requirements listed
 45 29 in this subsection to be eligible to receive a funding
 45 30 distribution under this section.  The amount that would
 45 31 otherwise be available for distribution to a county that fails
 45 32 to so comply shall be proportionately distributed among the
 45 33 eligible counties.  Both of the following requirements are
 45 34 applicable:
 45 35    a.  A county must comply with the December 1, 2003, filing
 46  1 deadline for the county annual financial report in accordance
 46  2 with section 331.403.
 46  3    b.  A county must levy the not less than 70 percent of the
 46  4 maximum amount allowed for the county's mental health, mental
 46  5 retardation, and developmental disabilities services fund
 46  6 under section 331.424A for taxes due and payable in the fiscal
 46  7 year beginning July 1, 2003.
 46  8    7.  The department of human services shall authorize the
 46  9 issuance of warrants payable to the county treasurer for the
 46 10 distribution amounts due the counties eligible under this
 46 11 section and notwithstanding prior practice for the MH/DD
 46 12 community services fund, the warrants shall be issued in
 46 13 January 2004.  
 46 14                           EXPLANATION
 46 15    DIVISION I - Division I of this bill relates to and
 46 16 appropriates moneys for the fiscal year beginning July 1,
 46 17 2002, to fund salary adjustments for employees subject to
 46 18 collective bargaining agreements, and certain noncontract
 46 19 employees.  Division I provides the funding from the transfer
 46 20 of a percentage of the proceeds received by the state board of
 46 21 regents as a result of the principal mutual holding company's
 46 22 demutualization.
 46 23    Division I allocates appropriations to the state board of
 46 24 regents to fund its collective bargaining agreements and
 46 25 provide merit employees not covered by a collective bargaining
 46 26 agreement with increases comparable to similar contract-
 46 27 covered employees and faculty and the professional and
 46 28 scientific employees not covered under a collective bargaining
 46 29 agreement with a percentage increase similar to the university
 46 30 of northern Iowa faculty bargaining unit.
 46 31    Division I allocates moneys to the judicial branch to fund
 46 32 salary increases for judges, justices, and magistrates and for
 46 33 increases for other judicial branch employees.  The salary
 46 34 increases amount to 3 percent but do not begin until December
 46 35 20, 2002.
 47  1    Division I allocates moneys to fund collective bargaining
 47  2 agreements and similar percentage increases for noncontract
 47  3 state employees but the noncontract employees' increase does
 47  4 not begin until October 25, 2002.
 47  5    Division I also provides supplemental authorization to fund
 47  6 salaries from trust, revolving, and special funds for which
 47  7 the general assembly has established a budget.
 47  8    Division I funds salary model coordinator, to maintain, in
 47  9 conjunction with the legislative fiscal bureau, the state's
 47 10 salary model.
 47 11    Division I provides for the collection of a surcharge on
 47 12 the state employee's share of the health insurance premium
 47 13 cost to the state's share of the terminal liability of the
 47 14 existing Wellmark health insurance contract.  The health
 47 15 insurance plans of the state police officers council
 47 16 collective bargaining unit are exempt from the surcharge.
 47 17    DIVISION II - Division II makes statutory changes to the
 47 18 Code as follows:
 47 19    Code section 8.63(4) is amended to eliminate a standing
 47 20 appropriation to agencies to pay off their loans to the
 47 21 innovations fund if the agency project results in a net
 47 22 increase to the general fund of the state.
 47 23    Code section 12.21, concerning the authority of the
 47 24 treasurer of state to enter into an agreement with a financial
 47 25 institution or credit card processor to provide credit card
 47 26 receipt processing for state departments, is amended to
 47 27 provide that any credit card charges shall be considered to be
 47 28 part of the payment due and any charges paid shall be paid
 47 29 from the aggregate fees collected by the state agency.
 47 30    Code sections 14B.203(3), 14B.205, 15.108(9), 421.17(31),
 47 31 421.17(34), and 455A.4(5) are amended to reflect the
 47 32 amendments to Code section 12.21.
 47 33    Code section 15E.112 is amended to allow moneys in the
 47 34 value-added agricultural products and process financial
 47 35 assistance fund to be used for administration of the fund.
 48  1    Code section 18.75 is amended to provide that the
 48  2 legislative service bureau shall solicit and process orders
 48  3 for the distribution of state publications produced by the
 48  4 bureau.
 48  5    Code section 18.97A is amended to provide that the
 48  6 governor, supreme court, and legislative council shall control
 48  7 the number of state publications distributed by the
 48  8 legislative service bureau to recipients in their respective
 48  9 branches.
 48 10    Code section 101.24, new subsection 5, is enacted to
 48 11 provide that a tank manufactured for aboveground use at a tank
 48 12 site that meets the requirements for the regular venting of
 48 13 the tank in case of fire to relieve excessive internal
 48 14 pressure caused by fire exposure and has notified the state
 48 15 fire marshal of the existence of the tank, its age, type, and
 48 16 uses shall be considered the equivalent of underwriters
 48 17 laboratory rated tanks.
 48 18    New Code section 239B.2A is enacted to make eligible for
 48 19 the family investment program a conditional resident alien who
 48 20 was battered or subject to extreme cruelty or whose child was
 48 21 battered or subject to extreme cruelty by a person who is a U.
 48 22 S. citizen or lawful permanent resident.
 48 23    Code section 249A.3, relating to an optional category
 48 24 covered under the medical assistance program for persons with
 48 25 disabilities who have earned income, is amended.  Current law
 48 26 provides one option, whereas the amendment provides an
 48 27 additional, alternative two-part option.  The two-part option
 48 28 is subject to a contingent effectiveness provision so that the
 48 29 option only takes effect if the department of human services
 48 30 does not win its appeal against the federal centers for
 48 31 Medicare and Medicaid services.
 48 32    Code section 256.67 is amended to correct a reference to a
 48 33 library service area.
 48 34    Code section 260G.4B amends the accelerated career
 48 35 education program by reducing the total amount of program job
 49  1 credits from all employers during the 2002-2003 fiscal year
 49  2 from $6 million to $3 million.
 49  3    Code section 368.4 is amended to specify that a city's
 49  4 notice of the hearing on annexation shall be served by regular
 49  5 mail.
 49  6    New Code section 368.26, relating to annexing moratorium,
 49  7 is amended to strike an incorrect reference and specifies that
 49  8 the "municipal services" to be provided in an annexed area
 49  9 must be within the legal authority of the annexing city.
 49 10    Code section 476.97 is amended to permit the utilities
 49 11 board 180 days to consider certain rate changes, with one 60-
 49 12 day extension possible.
 49 13    Code section 514I.5 is amended to provide that the members
 49 14 of the hawk-i board, who are appointed by the governor, are to
 49 15 serve two-year staggered terms as designated by the governor.
 49 16    The Code section 541A.1 definition of an individual
 49 17 development account is amended to include a financial
 49 18 instrument certified by an operating organization to comply
 49 19 with federal requirements involving state and federal funds
 49 20 deposited to match account holder deposits, including two
 49 21 existing federal programs.  Under current law, Code section
 49 22 541A.3 provides that a state savings refund must be paid
 49 23 directly to an account holder's account.  The bill allows for
 49 24 payment of the state savings refund to an operating
 49 25 organization's central reserve account for later distribution
 49 26 to an account holder's account.
 49 27    Code section 556.12 is amended to provide that the annual
 49 28 publication of lists of unclaimed property by the treasurer of
 49 29 state shall not be done between September 10 and November 10
 49 30 of each year.  Under current law, the treasurer is required to
 49 31 make the annual publication no later than November 30.
 49 32    Code section 602.1302(3) is amended to permit the cost of
 49 33 summoning jurors to be paid from a revolving fund established
 49 34 in Code section 602.1302.
 49 35    Code section 602.8108(5) is amended to eliminate the
 50  1 requirement that 20 percent of the court technology and
 50  2 modernization fund be used for alternative dispute resolution
 50  3 and methods to resolve domestic abuse.  The amendment also
 50  4 permits the fund to be used for the Iowa court information
 50  5 system.
 50  6    Code section 904.108 is amended to provide that the
 50  7 department of corrections shall maintain a correctional
 50  8 training program, but the program does not necessarily need to
 50  9 be located at the Mount Pleasant correctional facility.
 50 10    A section of this division amends 2001 Iowa Acts, chapter
 50 11 182, section 7, subsection 2, to allow the Iowa veterans home
 50 12 to retain certain moneys which exceed the amount budgeted in
 50 13 the fiscal year beginning July 1, 2001, and ending June 30,
 50 14 2002, that remain unencumbered or unobligated at the close of
 50 15 that fiscal year.
 50 16    A section of the division directs the department of
 50 17 cultural affairs to identify an appropriate location in the
 50 18 state capitol for a plaque honoring Iowa recipients of the
 50 19 congressional medal of honor.
 50 20    A section of this division requires the departments of
 50 21 general services, management, personnel, and information
 50 22 technology in studying reorganization and identifying
 50 23 duplicative positions to consult with the affected agencies
 50 24 and to consider previous studies.
 50 25    A section of this division provides for transitional
 50 26 language involving the implementation of the relocation of the
 50 27 unit for commitment of sexually violent predators from Oakdale
 50 28 to the state mental health institute at Cherokee.
 50 29    A section of this division requires the departments of
 50 30 agriculture and land stewardship and natural resources to
 50 31 submit quarterly written reports on their expenditures and
 50 32 FTEs allocated for the previous quarter.
 50 33    A section of this division increases the FTEs authorized
 50 34 for the Iowa public employees' retirement system division by
 50 35 two FTEs.
 51  1    A section of this division amends an appropriation made to
 51  2 the office of the treasurer of state by reducing the
 51  3 authorized FTEs from 2.00 to 1.00 for the purpose of carrying
 51  4 out the requirements of House File 681 if enacted.
 51  5    Two sections of this division eliminate the extension of
 51  6 the scope of practice review committee and references to the
 51  7 committee under an appropriation to the Iowa department of
 51  8 public health in Senate File 2326.
 51  9    A section of this division affects the county mental
 51 10 health, mental retardation, and developmental disabilities
 51 11 (MH/MR/DD) allowed growth factor adjustment for fiscal year
 51 12 2002-2003.  Under Code section 331.439, the statute
 51 13 establishing the adjustment must be enacted during the fiscal
 51 14 year in progress two years prior to the fiscal year to which
 51 15 the adjustment is applicable.  The section amends the
 51 16 provisions for distribution of the adjustment if enacted in
 51 17 Senate File 2326 during the 2002 legislative session for
 51 18 fiscal year 2002-2003.
 51 19    Under 2001 Iowa Acts, chapter 176, the growth factor
 51 20 adjustment for fiscal year 2002-2003 was to be distributed by
 51 21 law in lieu of the distribution formula in Code sections
 51 22 331.438 and 331.439.  The division also includes the
 51 23 appropriation for the MH/DD community services fund in the
 51 24 distribution formula.  The division provides allocation
 51 25 amounts to be used for calculating preliminary distribution
 51 26 amounts in accordance with statutory formulas.  After a
 51 27 preliminary amount is determined using the formulas, a
 51 28 withholding amount is applied, based upon a county's MH/DD
 51 29 community services fund balance at the close of the previous
 51 30 fiscal year.  A county must comply with a financial reporting
 51 31 deadline and levy the maximum allowable amount to be eligible
 51 32 to receive a distribution.
 51 33    One section of this division directs that some of the
 51 34 moneys appropriated for medical assistance be used as state
 51 35 matching funds for participation in a federal telecare pilot
 52  1 program.
 52  2    A section of this division amends Senate File 2326 to limit
 52  3 the amount of riverboat and racetrack enforcement costs that
 52  4 may be billed to the riverboats and racetracks to a specified
 52  5 amount in excess of the amount billed in the fiscal year
 52  6 beginning July 2001.
 52  7    Two sections of this division relate to the standing
 52  8 appropriation for public transit assistance for two different
 52  9 fiscal years.  One section removes the amount appropriated
 52 10 from Senate File 2326 and the other section provides for a
 52 11 reduction by a specified amount of the standing appropriation.
 52 12    Code chapter 2A is repealed.  This chapter establishes the
 52 13 commission on compensation, expenses, and salaries for elected
 52 14 state officials.
 52 15    DIVISION III - Division III contains corrective amendments
 52 16 to Code and session law provisions enacted or amended in bills
 52 17 passed earlier in the 2002 legislative session or in the first
 52 18 2001 special session.
 52 19    Code section 8.55 is amended to correct a grammatical
 52 20 mistake and to refer to multiple amounts rather than a single
 52 21 amount being transferred from the economic emergency fund to
 52 22 other funds.
 52 23    Code section 10D.1 is amended to correctly state that the
 52 24 new Code chapter 10D definitions, relating to the holding of
 52 25 agricultural land by qualified enterprises involved in baby
 52 26 chick and fertilized egg production, are applicable to the
 52 27 chapter rather than just the definitional section itself.
 52 28    Code sections 15E.42 and 15E.43 are amended to correctly
 52 29 refer to the defined term "qualifying business" rather than
 52 30 "qualified business" in the new Code provisions relating to
 52 31 investment tax credits.
 52 32    Code section 15E.224 is amended to correctly refer to the
 52 33 venture capital investment fund allocation manager for the
 52 34 Iowa fund of funds.
 52 35    Code section 29A.90, new subsection 3, is amended to
 53  1 clarify that the effective date referred to is the effective
 53  2 date of the division that enacts subsection 3 since there are
 53  3 different effective dates for the various divisions of the
 53  4 Act.
 53  5    Code section 41.1 is amended to correct the legal
 53  6 description of the twenty-eighth house district as passed in
 53  7 the first 2001 special session.  The correction does not
 53  8 affect population statistics for the house district.
 53  9    Code section 53.7 is amended to correct grammatical errors
 53 10 describing unlawful solicitations or requests for absentee
 53 11 ballots.
 53 12    New Code section 303A.7 is amended to correctly refer to
 53 13 the office of the treasurer of state.
 53 14    New Code section 356.36A is amended to include a reference
 53 15 to another Code chapter for which reports on the needs of
 53 16 jails established pursuant to that chapter are to apply.
 53 17    Code section 359.49 is amended to correctly refer to a
 53 18 municipality's provision to a township of either fire
 53 19 protection service or emergency medical service in return for
 53 20 receipt of a portion of township taxes.
 53 21    Code section 524.814 is amended to permit an Iowa state
 53 22 bank to lend or pledge its securities for the account of its
 53 23 affiliate in order to provide collateral for the public funds
 53 24 of the affiliate.  This provision is contingent upon the
 53 25 enactment of House File 681.
 53 26    Code section 633.4213 is amended to correct a grammatical
 53 27 error relating to a qualified beneficiary of a trust and the
 53 28 beneficiary's right to receive an annual accounting and a copy
 53 29 of the trust instrument.
 53 30    Code section 724.26, relating to possession of a firearm by
 53 31 a felon, is amended to correct a grammatical error by striking
 53 32 an unnecessary conjunction.
 53 33    A new session law paragraph enacted in 2002 legislation is
 53 34 amended to delete the words "the first" in relation to an
 53 35 appropriation of moneys from gambling revenues flowing through
 54  1 the tobacco settlement trust fund to pay school foundation aid
 54  2 relating to allowable growth.
 54  3    A section of this division corrects the fiscal year from
 54  4 July 1, 2003, to July 1, 2002, to which applies the state
 54  5 board of education's expedited charter school application
 54  6 procedure for purposes of receiving federal funds.
 54  7    A provision in an appropriations bill that increases the
 54  8 amount of the appropriation contingent upon the enactment of
 54  9 House File 2524 is amended to change the reference to the
 54 10 enactment of House File 2617 since House File 2524 was passed
 54 11 out of committee and the bill number was changed.
 54 12    A provision in an appropriation bill that relates to the
 54 13 proration of each claim for reimbursement for nonpublic school
 54 14 pupils transportation claims is amended to change reference
 54 15 from "section" to "subsection".
 54 16    A section of this division, enacted in 2002 and related to
 54 17 the state medical examiner, is repealed since the bill section
 54 18 no longer contains any change to the Code section set out in
 54 19 the bill section.
 54 20    Division IV makes an appropriation and establishes the
 54 21 allowed mental health, mental retardation, and developmental
 54 22 disabilities growth factor adjustment for fiscal year 2003-
 54 23 2004 and distributes the appropriation in a similar manner as
 54 24 the bill provides for fiscal year 2002-2003.  
 54 25 LSB 7171SC 79
 54 26 mg/cf/24
     

Text: SSB03197                          Text: SSB03199
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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