Text: HF00699 Text: HF00701 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MH/MR/DD ALLOWED GROWTH 1 3 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 1 5 AND ALLOCATIONS – FISCAL YEAR 2004-2005. 1 6 1. There is appropriated from the general fund of the 1 7 state to the department of human services for the fiscal year 1 8 beginning July 1, 2004, and ending June 30, 2005, the 1 9 following amount, or so much thereof as is necessary, to be 1 10 used for the purpose designated: 1 11 For distribution to counties of the county mental health, 1 12 mental retardation, and developmental disabilities allowed 1 13 growth factor adjustment, as provided in this section in lieu 1 14 of the provisions of section 331.438, subsection 2, and 1 15 section 331.439, subsection 3, and chapter 426B: 1 16 .................................................. $ 23,738,749 1 17 2. The funding appropriated in this section is the allowed 1 18 growth factor adjustment for fiscal year 2004-2005, and is 1 19 allocated as follows: 1 20 a. For distribution as provided by law: 1 21 .................................................. $ 21,738,749 1 22 b. For deposit in the risk pool created in the property 1 23 tax relief fund and for distribution in accordance with 1 24 section 426B.5, subsection 2: 1 25 .................................................. $ 2,000,000 1 26 DIVISION II 1 27 STANDING APPROPRIATIONS – REDUCTIONS 1 28 Sec. 2. GENERAL ASSEMBLY. The appropriations made 1 29 pursuant to section 2.12 for the expenses of the general 1 30 assembly and legislative agencies for the fiscal year 1 31 beginning July 1, 2003, and ending June 30, 2004, are reduced 1 32 by the following amount: 1 33 .................................................. $ 2,000,000 1 34 Sec. 3. REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 1 35 section 8.56, subsection 4, there is appropriated from the 2 1 cash reserve fund to the rebuild Iowa infrastructure fund 2 2 created in section 8.57 for the fiscal year beginning July 1, 2 3 2002, and ending June 30, 2003, the following amount: 2 4 .................................................. $ 2,150,000 2 5 Sec. 4. ENVIRONMENT FIRST FUND. Notwithstanding the 2 6 amount of the standing appropriation from the rebuild Iowa 2 7 infrastructure fund under section 8.57A, subsection 4, there 2 8 is appropriated from the rebuild Iowa infrastructure fund to 2 9 the environment first fund, in lieu of the appropriation made 2 10 in section 8.57A, for the fiscal year beginning July 1, 2002, 2 11 and ending June 30, 2003, the following amount: 2 12 .................................................. $ 18,445,000 2 13 Sec. 5. AT-RISK CHILDREN PROGRAMS. Notwithstanding the 2 14 standing appropriation in section 279.51, subsection 1, the 2 15 amount appropriated from the general fund of the state under 2 16 section 279.51, subsection 1, to the department of education 2 17 for the fiscal year beginning July 1, 2003, and ending June 2 18 30, 2004, is reduced by the following amount: 2 19 .................................................. $ 1,000,000 2 20 The amount of the reduction in this section shall be 2 21 prorated among the programs specified in section 279.51, 2 22 subsection 1, paragraphs "a", "b", and "c". 2 23 Sec. 6. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 2 24 Notwithstanding section 312.2, subsection 14, the amount 2 25 appropriated from the general fund of the state under section 2 26 312.2, subsection 14, to the state department of 2 27 transportation for public transit assistance under chapter 2 28 324A for the fiscal year beginning July 1, 2003, and ending 2 29 June 30, 2004, is reduced by the following amount: 2 30 .................................................. $ 1,298,675 2 31 Sec. 7. Section 294A.25, subsection 1, Code 2003, is 2 32 amended to read as follows: 2 33 1. For the fiscal year beginning July 1,20002003, and 2 34 for each succeeding year, there is appropriated from the 2 35 general fund of the state to the department of education the 3 1 amount ofeightyfifty-six million eight hundred ninety-one 3 2 thousand three hundred thirty-six dollars to be used to 3 3 improve teacher salaries. The moneys shall be distributed as 3 4 provided in this section. 3 5 Sec. 8. EFFECTIVE DATE. The sections of this division of 3 6 this Act relating to the appropriations made to the rebuild 3 7 Iowa infrastructure fund and environment first fund for the 3 8 fiscal year beginning July 1, 2002, being deemed of immediate 3 9 importance, take effect upon enactment. 3 10 DIVISION III 3 11 STANDING APPROPRIATIONS – LIMITATIONS 3 12 Sec. 9. Notwithstanding the standing appropriations in the 3 13 following designated sections for the fiscal year beginning 3 14 July 1, 2003, and ending June 30, 2004, the amounts 3 15 appropriated from the general fund of the state pursuant to 3 16 those sections for the following designated purposes shall not 3 17 exceed the following amounts: 3 18 1. For compensation of officers and enlisted persons and 3 19 their expenses while on state active duty as authorized in 3 20 section 29A.27: 3 21 .................................................. $ 432,450 3 22 2. For payment for nonpublic school transportation under 3 23 section 285.2: 3 24 .................................................. $ 7,799,550 3 25 If total approved claims for reimbursement for nonpublic 3 26 school pupil transportation claims exceed the amount 3 27 appropriated in this section, the department of education 3 28 shall prorate the amount of each claim. 3 29 3. For printing cigarette tax stamps under section 453A.7: 3 30 .................................................. $ 110,055 3 31 4. For the state's share of the cost of the peace 3 32 officers' retirement benefits under section 411.20: 3 33 .................................................. $ 2,816,189 3 34 5. For payment of livestock production credit refunds 3 35 under section 422.121: 4 1 .................................................. $ 1,815,735 4 2 6. For reimbursement for the homestead property tax credit 4 3 under section 425.1: 4 4 .................................................. $105,585,004 4 5 7. For reimbursement for the agricultural land and family 4 6 farm tax credits under section 426.1: 4 7 .................................................. $ 35,497,624 4 8 8. For reimbursement for the military service tax credit 4 9 under section 426A.1A: 4 10 .................................................. $ 2,569,712 4 11 9. For administration expenses of the state unemployment 4 12 compensation law under chapter 96: 4 13 .................................................. $ 450,000 4 14 10. For payment of certain interest costs due the federal 4 15 government under the federal Cash Management and Improvement 4 16 Act under section 421.31: 4 17 .................................................. $ 550,000 4 18 11. For funding the state's deferred compensation program 4 19 established for state employees under section 509A.12: 4 20 .................................................. $ 56,501 4 21 Sec. 10. ELDERLY AND DISABLED CREDIT. Notwithstanding the 4 22 standing appropriation in section 425.39, the amount 4 23 appropriated from the general fund of the state under section 4 24 425.39, for the fiscal year beginning July 1, 2003, and ending 4 25 June 30, 2004, for purposes of implementing the elderly and 4 26 disabled credit and reimbursement portion of the extraordinary 4 27 property tax and reimbursement division of chapter 425, shall 4 28 not exceed $16,651,800. The director shall pay, in full, all 4 29 claims to be paid during the fiscal year beginning July 1, 4 30 2003, for reimbursement of rent constituting property taxes 4 31 paid. If the amount of claims for credit for property taxes 4 32 due to be paid during the fiscal year beginning July 1, 2003, 4 33 exceeds the amount remaining after payment to renters, the 4 34 director of revenue and finance shall prorate the payments to 4 35 the counties for the property tax credit. In order for the 5 1 director to carry out the requirements of this section, 5 2 notwithstanding any provision to the contrary in sections 5 3 425.16 through 425.39, claims for reimbursement for rent 5 4 constituting property taxes paid filed before May 1, 2004, 5 5 shall be eligible to be paid in full during the fiscal year 5 6 ending June 30, 2004, and those claims filed on or after May 5 7 1, 2004, shall be eligible to be paid during the fiscal year 5 8 beginning July 1, 2004, and the director is not required to 5 9 make payments to counties for the property tax credit before 5 10 June 15, 2004. 5 11 DIVISION IV 5 12 REVENUE ADJUSTMENTS – APPROPRIATIONS 5 13 Sec. 11. IOWA ECONOMIC EMERGENCY AND RESERVE FUNDS – 5 14 EARNINGS. Notwithstanding section 8.55, subsection 4, and 5 15 section 8.56, subsection 1, for the fiscal year beginning July 5 16 1, 2003, and ending June 30, 2004, the interest and earnings 5 17 on moneys deposited in the Iowa economic emergency fund and 5 18 the cash reserve fund shall be credited to the general fund of 5 19 the state. 5 20 Sec. 12. USE OF REVERSIONS. Notwithstanding section 8.62, 5 21 if on June 30, 2004, a balance of an operational 5 22 appropriation, as defined in section 8.62, remains unexpended 5 23 or unencumbered, the balance shall revert to the general fund 5 24 of the state as provided in section 8.33. 5 25 Sec. 13. KEEP IOWA BEAUTIFUL FUND. For the fiscal years 5 26 beginning July 1, 2002, and July 1, 2003, moneys credited to 5 27 the keep Iowa beautiful fund in accordance with section 5 28 422.12A are appropriated to the state department of 5 29 transportation to be used for the purposes provided in section 5 30 314.28. 5 31 Sec. 14. ENDOWMENT FOR IOWA'S HEALTH. For the fiscal year 5 32 beginning July 1, 2003, and ending June 30, 2004, of the 5 33 $70,000,000 to be deposited in the endowment for Iowa's health 5 34 account of the tobacco settlement trust fund under 2001 Iowa 5 35 Acts, chapter 174, section 1, subsection 1, the following 6 1 amount shall instead be deposited in the general fund of the 6 2 state: 6 3 .................................................. $ 20,000,000 6 4 Sec. 15. JUNIOR OLYMPICS. There is appropriated from the 6 5 general fund of the state to the department of economic 6 6 development for the fiscal year beginning July 1, 2003, and 6 7 ending June 30, 2004, the following amount, or so much thereof 6 8 as is necessary, to be used for the purpose designated: 6 9 For providing assistance to a city or nonprofit 6 10 organization hosting the national junior olympics: 6 11 .................................................. $ 50,000 6 12 Sec. 16. UNEMPLOYMENT TRUST FUND. There is appropriated 6 13 from moneys transferred to the state on March 13, 2002, 6 14 pursuant to section 903(d) of the federal Social Security Act, 6 15 as amended, to the department of workforce development, the 6 16 following amount, to be deposited, under the direction of the 6 17 department of workforce development, in the unemployment 6 18 compensation fund for the payment of unemployment benefits and 6 19 for the establishment of the unemployment compensation reserve 6 20 fund: 6 21 .................................................. $ 40,000,000 6 22 Sec. 17. UNEMPLOYMENT TAX AND CLAIM SYSTEM. There is 6 23 appropriated from moneys transferred to the state on March 13, 6 24 2002, pursuant to section 903(d) of the federal Social 6 25 Security Act, as amended, to the department of workforce 6 26 development, the following amount for purposes of automation 6 27 and technology for the unemployment tax and claim system: 6 28 .................................................. $ 20,000,000 6 29 Sec. 18. ENHANCED SERVICES TO CLAIMANTS. There is 6 30 appropriated from moneys transferred to the state on March 13, 6 31 2002, pursuant to section 903(d) of the federal Social 6 32 Security Act, as amended, to the department of workforce 6 33 development the following amount for purposes of 6 34 infrastructure improvements and the administrative and 6 35 technology costs associated with enhanced services to 7 1 unemployment benefit claimants for workforce and labor 7 2 exchange services: 7 3 .................................................. $ 20,700,000 7 4 Sec. 19. Section 8.55, subsection 2, paragraph c, Code 7 5 2003, is amended to read as follows: 7 6 c. Notwithstanding paragraph "a", any moneys in excess of 7 7 the maximum balance in the economic emergency fund after the 7 8 distribution of the surplus in the general fund of the state 7 9 at the conclusion of each fiscal year and after the 7 10 appropriate amount has been transferred pursuant to paragraph 7 11 "b", shall not be transferred to the general fund of the state 7 12 but shall be transferred to the senior living trust fund. The 7 13 total amount transferred, in the aggregate, under this 7 14 paragraph for all fiscal years shall not exceedfifty-oneone 7 15 hundred eighteen millionfive hundred thousanddollars. 7 16 Sec. 20. Section 8.57, subsection 1, paragraph a, 7 17 unnumbered paragraph 1, Code Supplement 2001, as enacted by 7 18 2002 Iowa Acts, Second Extraordinary Session, chapter 1001, 7 19 section 28, is amended to read as follows: 7 20 The "cash reserve goal percentage" for fiscal years 7 21 beginning on or after July 1,20032004, is seven and one-half 7 22 percent of the adjusted revenue estimate. For each fiscal 7 23 yearbeginning on or after July 1, 2003,in which the 7 24 appropriation of the surplus existing in the general fund of 7 25 the state at the conclusion of the prior fiscal year pursuant 7 26 to paragraph "b" was not sufficient for the cash reserve fund 7 27 to reach the cash reserve goal percentage for the current 7 28 fiscal year, there is appropriated from the general fund of 7 29 the state an amount to be determined as follows: 7 30 Sec. 21. Section 96.9, Code 2003, is amended by adding the 7 31 following new subsection: 7 32 NEW SUBSECTION. 8. UNEMPLOYMENT COMPENSATION RESERVE 7 33 FUND. 7 34 a. A special fund to be known as the unemployment 7 35 compensation reserve fund is created in the state treasury. 8 1 The reserve fund is separate and distinct from the 8 2 unemployment compensation fund. All moneys collected as 8 3 reserve contributions, as defined in paragraph "b", shall be 8 4 deposited in the reserve fund. The moneys in the reserve fund 8 5 may be used for the payment of unemployment benefits and shall 8 6 remain available for expenditures in accordance with the 8 7 provisions of this subsection. The treasurer of state shall 8 8 be the custodian of the reserve fund and shall disburse the 8 9 moneys in the reserve fund in accordance with this subsection 8 10 and the directions of the director of the department of 8 11 workforce development. 8 12 b. If the balance in the reserve fund on July 1 of the 8 13 preceding calendar year for calendar year 2004 and each year 8 14 thereafter is less than one hundred fifty million dollars, a 8 15 percentage of contributions, as determined by the director, 8 16 shall be deemed to be reserve contributions for the following 8 17 calendar year. If the percentage of contributions, termed the 8 18 reserve contribution tax rate, is not zero percent as 8 19 determined pursuant to this subsection, the combined tax rate 8 20 of contributions to the unemployment compensation fund and to 8 21 the unemployment compensation reserve fund shall be divided so 8 22 that a minimum of fifty percent of the combined tax rate 8 23 equals the unemployment contribution tax rate and a maximum of 8 24 fifty percent of the combined tax rate equals the reserve 8 25 contribution tax rate except for employers who are assigned a 8 26 combined tax rate of five and four-tenths. For those 8 27 employers, the reserve contribution tax rate shall equal zero 8 28 and their combined tax rate shall equal their unemployment 8 29 contribution rate. When the reserve contribution tax rate is 8 30 determined to be zero percent, the unemployment contribution 8 31 rate for all employers shall equal one hundred percent of the 8 32 combined tax rate. The reserve contributions collected in any 8 33 calendar year shall not exceed one hundred fifty million 8 34 dollars. The provisions for collection of contributions under 8 35 section 96.14 are applicable to the collection of reserve 9 1 contributions. Reserve contributions shall not be deducted in 9 2 whole or in part by any employer from the wages of individuals 9 3 in its employ. All moneys collected as reserve contributions 9 4 shall not become part of the unemployment compensation fund 9 5 but shall be deposited in the reserve fund created in this 9 6 subsection. 9 7 c. Moneys in the reserve fund shall only be used to pay 9 8 unemployment benefits to the extent moneys in the unemployment 9 9 compensation fund are insufficient to pay benefits during a 9 10 calendar quarter. 9 11 d. The interest earned on the moneys in the reserve fund 9 12 shall be deposited in and credited to the reserve fund. 9 13 e. Moneys from interest earned on the unemployment 9 14 compensation reserve fund shall be used by the department only 9 15 upon appropriation by the general assembly and only for 9 16 purposes contained in section 96.7, subsection 12, for 9 17 department of workforce development rural satellite offices, 9 18 and for administrative costs to collect the reserve 9 19 contributions. 9 20 Sec. 22. Section 260G.4B, subsection 1, Code 2003, is 9 21 amended to read as follows: 9 22 1. The total amount of program job credits from all 9 23 employers which shall be allocated for all accelerated career 9 24 education programs in the state in any one fiscal year shall 9 25 not exceed the sum of three million dollars in the fiscal year 9 26 beginning July 1, 2000, three million dollars in the fiscal 9 27 year beginning July 1, 2001, three million dollars in the 9 28 fiscal year beginning July 1, 2002, four million dollars in 9 29 the fiscal year beginning July 1, 2003, and six million 9 30 dollars in the fiscal year beginning July 1,20032004, and 9 31 every fiscal year thereafter. Any increase in program job 9 32 credits above the six-million-dollar limitation per fiscal 9 33 year shall be developed, based on recommendations in a study 9 34 which shall be conducted by the department of economic 9 35 development of the needs and performance of approved programs 10 1 in the fiscal years beginning July 1, 2000, and July 1, 2001. 10 2 The study's findings and recommendations shall be submitted to 10 3 the general assembly by the department by December 31, 2002. 10 4 The study shall include but not be limited to an examination 10 5 of the quality of the programs, the number of program 10 6 participant placements, the wages and benefits in program 10 7 jobs, the level of employer contributions, the size of 10 8 participating employers, and employer locations. A community 10 9 college shall file a copy of each agreement with the 10 10 department of economic development. The department shall 10 11 maintain an annual record of the proposed program job credits 10 12 under each agreement for each fiscal year. Upon receiving a 10 13 copy of an agreement, the department shall allocate any 10 14 available amount of program job credits to the community 10 15 college according to the agreement sufficient for the fiscal 10 16 year and for the term of the agreement. When the total 10 17 available program job credits are allocated for a fiscal year, 10 18 the department shall notify all community colleges that the 10 19 maximum amount has been allocated and that further program job 10 20 credits will not be available for the remainder of the fiscal 10 21 year. Once program job credits have been allocated to a 10 22 community college, the full allocation shall be received by 10 23 the community college throughout the fiscal year and for the 10 24 term of the agreement even if the statewide program job credit 10 25 maximum amount is subsequently allocated and used. 10 26 Sec. 23. 2001 Iowa Acts, chapter 174, section 1, 10 27 subsection 2, as amended by 2002 Iowa Acts, chapter 1174, 10 28 section 8, is amended to read as follows: 10 29 2. There is appropriated from the general fund of the 10 30 state to the endowment for Iowa's health account of the 10 31 tobacco settlement trust fund created in section 12E.12, for 10 32 the designated fiscal years, the following amounts, to be used 10 33 for the purposes specified in section 12E.12 for the endowment 10 34 for Iowa's health account: 10 35 FY 2001-2002 ..................................... $ 7,248,000 11 1 FY 2003-2004 ..................................... $28,251,00011 2 0 11 3 FY 2004-2005 ..................................... $ 29,785,000 11 4 FY 2005-2006 ..................................... $ 29,562,000 11 5 FY 2006-2007 ..................................... $ 17,773,000 11 6 Sec. 24. 2002 Iowa Acts, Second Extraordinary Session, 11 7 chapter 1001, section 33, is amended to read as follows: 11 8 SEC. 33. EFFECTIVE DATE – APPLICABILITY. The amendments 11 9 to the following designated Code provisions in this division 11 10 of this Act take effect July 1,20032004: 11 11 1. Section 8.55, subsection 2, paragraph "a". 11 12 2. Section 8.56, subsection 4, paragraph "b". 11 13 3. Section 8.57, subsection 1, paragraph "a". 11 14 RACING AND GAMING COMMISSION 11 15 Sec. 25. 2002 Iowa Acts, Second Extraordinary Session, 11 16 chapter 1003, section 9, subsection 1, is amended to read as 11 17 follows: 11 18 1. RACETRACK REGULATION 11 19 There is appropriated from the general fund of the state to 11 20 the racing and gaming commission of the department of 11 21 inspections and appeals for the fiscal year beginning July 1, 11 22 2002, and ending June 30, 2003, the following amount, or so 11 23 much thereof as is necessary, to be used for the purposes 11 24 designated: 11 25 For salaries, support, maintenance, and miscellaneous 11 26 purposes for the regulation of pari-mutuel racetracks, and for 11 27 not more than the following full-time equivalent positions: 11 28 .................................................. $2,083,76211 29 2,163,762 11 30 ............................................... FTEs 24.78 11 31 Of the funds appropriated in this subsection, $85,576 shall 11 32 be used to conduct an extended harness racing season. 11 33 Sec. 26. EFFECTIVE DATE. The following provisions of this 11 34 division of this Act, being deemed of immediate importance, 11 35 take effect upon enactment: 12 1 1. The section appropriating moneys from the keep Iowa 12 2 beautiful fund. 12 3 2. The section amending 2002 Iowa Acts, Second 12 4 Extraordinary Session, chapter 1003, section 9, relating to 12 5 racetrack regulation. 12 6 3. The amendment to section 96.9. 12 7 DIVISION V 12 8 COMPENSATION AND BENEFITS 12 9 Sec. 27. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 12 10 GENERAL FUND. There is appropriated from the general fund of 12 11 the state to the salary adjustment fund for distribution by 12 12 the department of management to the various state departments, 12 13 boards, commissions, councils, and agencies, and to the state 12 14 board of regents for those persons employed at the state 12 15 school for the deaf and the Iowa braille and sight saving 12 16 school, for the fiscal year beginning July 1, 2003, and ending 12 17 June 30, 2004, the amount of $25,000,000, or so much thereof 12 18 as may be necessary, to fully fund annual pay adjustments, 12 19 expense reimbursements, and related benefits implemented 12 20 pursuant to the following: 12 21 1. The collective bargaining agreement negotiated pursuant 12 22 to chapter 20 for employees in the blue collar bargaining 12 23 unit. 12 24 2. The collective bargaining agreement negotiated pursuant 12 25 to chapter 20 for employees in the public safety bargaining 12 26 unit. 12 27 3. The collective bargaining agreement negotiated pursuant 12 28 to chapter 20 for employees in the security bargaining unit. 12 29 4. The collective bargaining agreement negotiated pursuant 12 30 to chapter 20 for employees in the technical bargaining unit. 12 31 5. The collective bargaining agreement negotiated pursuant 12 32 to chapter 20 for employees in the professional fiscal and 12 33 staff bargaining unit. 12 34 6. The collective bargaining agreement negotiated pursuant 12 35 to chapter 20 for employees in the clerical bargaining unit. 13 1 7. The collective bargaining agreement negotiated pursuant 13 2 to chapter 20 for employees in the professional social 13 3 services bargaining unit. 13 4 8. The collective bargaining agreement negotiated pursuant 13 5 to chapter 20 for employees in the community-based corrections 13 6 bargaining unit. 13 7 9. The collective bargaining agreements negotiated 13 8 pursuant to chapter 20 for employees in the judicial branch of 13 9 government bargaining units. 13 10 10. The annual pay adjustments, related benefits, and 13 11 expense reimbursements referred to in the sections of this 13 12 division of this Act for employees not covered by a collective 13 13 bargaining agreement. 13 14 Sec. 28. NONCONTRACT STATE EMPLOYEES – GENERAL. 13 15 1. a. For the fiscal year beginning July 1, 2003, the 13 16 maximum salary levels of all pay plans provided for in section 13 17 19A.9, subsection 2, as they exist for the fiscal year ending 13 18 June 30, 2003, shall be increased by 2 percent for the pay 13 19 period beginning June 20, 2003, and any additional changes in 13 20 the pay plans shall be approved by the governor. 13 21 b. For the fiscal year beginning July 1, 2003, employees 13 22 may receive a step increase or the equivalent of a step 13 23 increase. 13 24 2. The pay plans for state employees who are exempt from 13 25 chapter 19A and who are included in the department of revenue 13 26 and finance's centralized payroll system shall be increased in 13 27 the same manner as provided in subsection 1, and any 13 28 additional changes in any executive branch pay plans shall be 13 29 approved by the governor. 13 30 3. This section does not apply to members of the general 13 31 assembly, board members, commission members, salaries of 13 32 persons set by the general assembly in statute, salaries of 13 33 appointed state officers set by the governor, other persons 13 34 designated, employees designated under section 19A.3, 13 35 subsection 5, and employees covered by 581 IAC 4.6(3). 14 1 4. The pay plans for the bargaining eligible employees of 14 2 the state shall be increased in the same manner as provided in 14 3 subsection 1, and any additional changes in such executive 14 4 branch pay plans shall be approved by the governor. As used 14 5 in this section, "bargaining eligible employee" means an 14 6 employee who is eligible to organize under chapter 20, but has 14 7 not done so. 14 8 5. The policies for implementation of this section shall 14 9 be approved by the governor. 14 10 Sec. 29. STATE EMPLOYEES – STATE BOARD OF REGENTS. 14 11 1. Funds from the appropriation made in this division of 14 12 this Act from the general fund of the state to the salary 14 13 adjustment fund shall be allocated by the department of 14 14 management to the state board of regents for the purposes of 14 15 providing increases for state board of regents employees at 14 16 the state school for the deaf and the Iowa braille and sight 14 17 saving school who are addressed by that appropriation and 14 18 employees of the schools who are not covered by a collective 14 19 bargaining agreement. 14 20 2. The state board of regents office and the state 14 21 university of Iowa, Iowa state university of science and 14 22 technology, and the university of northern Iowa shall provide 14 23 from available sources pay adjustments, expense 14 24 reimbursements, and related benefits to fully fund the 14 25 following: 14 26 a. The collective bargaining agreement negotiated pursuant 14 27 to chapter 20 for employees in the university of northern Iowa 14 28 faculty bargaining unit. 14 29 b. The collective bargaining agreement negotiated pursuant 14 30 to chapter 20 for employees in the patient care bargaining 14 31 unit. 14 32 c. The collective bargaining agreement negotiated pursuant 14 33 to chapter 20 for employees in the science bargaining unit. 14 34 d. The collective bargaining agreement negotiated pursuant 14 35 to chapter 20 for employees in the state university of Iowa 15 1 graduate student bargaining unit. 15 2 e. The collective bargaining agreement negotiated pursuant 15 3 to chapter 20 for employees in the state university of Iowa 15 4 hospital and clinics tertiary health care bargaining unit. 15 5 f. The collective bargaining agreement negotiated pursuant 15 6 to chapter 20 for employees in the blue collar bargaining 15 7 unit. 15 8 g. The collective bargaining agreement negotiated pursuant 15 9 to chapter 20 for employees in the public safety bargaining 15 10 unit. 15 11 h. The collective bargaining agreement negotiated pursuant 15 12 to chapter 20 for employees in the security bargaining unit. 15 13 i. The collective bargaining agreement negotiated pursuant 15 14 to chapter 20 for employees in the technical bargaining unit. 15 15 j. The collective bargaining agreement negotiated pursuant 15 16 to chapter 20 for employees in the professional fiscal and 15 17 staff bargaining unit. 15 18 k. The collective bargaining agreement negotiated pursuant 15 19 to chapter 20 for employees in the clerical bargaining unit. 15 20 l. The annual pay adjustments, related benefits, and 15 21 expense reimbursements referred to in the sections of this 15 22 division of this Act for employees not covered by a collective 15 23 bargaining agreement. 15 24 Sec. 30. APPROPRIATIONS FROM ROAD FUNDS. 15 25 1. There is appropriated from the road use tax fund to the 15 26 salary adjustment fund for the fiscal year beginning July 1, 15 27 2003, and ending June 30, 2004, the following amount, or so 15 28 much thereof as may be necessary, to be used for the purpose 15 29 designated: 15 30 To supplement other funds appropriated by the general 15 31 assembly: 15 32 .................................................. $ 3,000,000 15 33 2. There is appropriated from the primary road fund to the 15 34 salary adjustment fund, for the fiscal year beginning July 1, 15 35 2003, and ending June 30, 2004, the following amount, or so 16 1 much thereof as may be necessary, to be used for the purpose 16 2 designated: 16 3 To supplement other funds appropriated by the general 16 4 assembly: 16 5 .................................................. $ 12,000,000 16 6 3. Except as otherwise provided in this division of this 16 7 Act, the amounts appropriated in subsections 1 and 2 shall be 16 8 used to fund the annual pay adjustments, expense 16 9 reimbursements, and related benefits for public employees as 16 10 provided in this division of this Act. 16 11 Sec. 31. SPECIAL FUNDS – AUTHORIZATION. To departmental 16 12 revolving, trust, or special funds, except for the primary 16 13 road fund or the road use tax fund, for which the general 16 14 assembly has established an operating budget, a supplemental 16 15 expenditure authorization is provided, unless otherwise 16 16 provided, in an amount necessary to fund salary adjustments as 16 17 otherwise provided in this division of this Act. 16 18 Sec. 32. GENERAL FUND SALARY MONEYS. Funds appropriated 16 19 from the general fund of the state in this division of this 16 20 Act relate only to salaries supported from general fund 16 21 appropriations of the state except for employees of the state 16 22 board of regents at the state school for the deaf and the Iowa 16 23 braille and sight saving school. The funds appropriated from 16 24 the general fund of the state for employees at the state 16 25 school for the deaf and the Iowa braille and sight saving 16 26 school of the state board of regents shall exclude general 16 27 university indirect costs and general university federal 16 28 funds. 16 29 Sec. 33. FEDERAL FUNDS APPROPRIATED. All federal grants 16 30 to and the federal receipts of the agencies affected by this 16 31 division of this Act which are received and may be expended 16 32 for purposes of this division of this Act are appropriated for 16 33 those purposes and as set forth in the federal grants or 16 34 receipts. 16 35 Sec. 34. STATE TROOPER MEAL ALLOWANCE. The sworn peace 17 1 officers in the department of public safety who are not 17 2 covered by a collective bargaining agreement negotiated 17 3 pursuant to chapter 20 shall receive the same per diem meal 17 4 allowance as the sworn peace officers in the department of 17 5 public safety who are covered by a collective bargaining 17 6 agreement negotiated pursuant to chapter 20. 17 7 Sec. 35. SALARY MODEL COORDINATOR. Of the funds 17 8 appropriated in this division of this Act from the general 17 9 fund of the state, $126,767 for the fiscal year beginning July 17 10 1, 2003, is allocated to the department of management for 17 11 salary and support of the salary model coordinator who shall 17 12 work in conjunction with the legislative fiscal bureau to 17 13 maintain the state's salary model used for analyzing, 17 14 comparing, and projecting state employee salary and benefit 17 15 information, including information relating to employees of 17 16 the state board of regents. The department of revenue and 17 17 finance, the department of personnel, the five institutions 17 18 under the jurisdiction of the state board of regents, the 17 19 eight judicial district departments of correctional services, 17 20 and the state department of transportation shall provide 17 21 salary data to the department of management and the 17 22 legislative fiscal bureau to operate the state's salary model. 17 23 The format and frequency of provision of the salary data shall 17 24 be determined by the department of management and the 17 25 legislative fiscal bureau. The information shall be used in 17 26 collective bargaining processes under chapter 20 and in 17 27 calculating the funding needs contained within the annual 17 28 salary adjustment legislation. A state employee organization 17 29 as defined in section 20.3, subsection 4, may request 17 30 information produced by the model, but the information 17 31 provided shall not contain information attributable to 17 32 individual employees. 17 33 DIVISION VI 17 34 CORRECTIVE PROVISIONS 17 35 Sec. 36. Section 8A.202, subsection 2, paragraph e, if 18 1 enacted by 2003 Iowa Acts, House File 534, is amended by 18 2 striking the paragraph and inserting in lieu thereof the 18 3 following: 18 4 e. Developing and maintaining an electronic repository for 18 5 public access to reference copies of agency mandated reports, 18 6 newsletters, and publications in conformity with section 18 7 304B.10, subsection 1, paragraph "h". The department shall 18 8 develop technical standards for an electronic repository in 18 9 consultation with the state librarian and the state archivist. 18 10 Sec. 37. Section 99E.9, subsection 2, Code 2003, as 18 11 amended by 2003 Iowa Acts, House File 171, section 31, is 18 12 amended to read as follows: 18 13 2. Subject to the approval of the board, the commissioner 18 14 may enter into contracts for the operation and marketing of 18 15 the lottery, except that the board may by rule designate 18 16 classes of contracts other than major procurements which do 18 17 not require prior approval by the board. A major procurement 18 18 shall be as the result of competitive bidding with the 18 19 contract being awarded to the responsible vendor submitting 18 20 the lowest and best proposal. However, before a contract for 18 21 a major procurement is awarded, the division of criminal 18 22 investigation of the department of public safety shall conduct 18 23 a thorough background investigation of the vendor to whom the 18 24 contract is to be awarded. The commissioner and board shall 18 25 consult with the division of criminal investigation and shall 18 26 provide, by rule, for the scope of the thorough background 18 27 investigations and due diligence with regard to the background 18 28 investigations to be conducted in connection with major 18 29 procurements. The vendor shall submit to the division of 18 30 criminal investigation appropriate investigation 18 31 authorizations to facilitate this investigation. The 18 32 background investigation by the division of criminal 18 33 investigation may include a national criminal historyrecord18 34 check through the federal bureau of investigation. The 18 35 screening of vendors or their employees through the federal 19 1 bureau of investigation shall be conducted by submission of 19 2 fingerprints through the state criminal history repository to 19 3 the federal bureau of investigation. As used in this 19 4 subsection, "major procurement" means consulting agreements 19 5 and the major procurement contract with a business 19 6 organization for the printing of tickets, or for purchase or 19 7 lease of equipment or services essential to the operation of a 19 8 lottery game. 19 9 Sec. 38. Section 135.150, subsection 3, as enacted by 2003 19 10 Iowa Acts, House File 396, section 1, is amended to read as 19 11 follows: 19 12 3. "Director" means the directoror the director's19 13designeeof public health or the director's designee. 19 14 Sec. 39. Section 135.154, subsection 7, as enacted by 2003 19 15 Iowa Acts, House File 396, section 5, is amended to read as 19 16 follows: 19 17 7. Treat or order that individuals exposed to or infected 19 18 with disease receive treatment or prophylaxis. Treatment or 19 19 prophylaxis shall be administered by any qualified person 19 20 authorized to do so by the department. Treatment or 19 21 prophylaxis shall not be provided or ordered if the treatment 19 22 or prophylaxis is reasonably likely to lead to serious harm to 19 23 the affected individual. To prevent the spread of 19 24 communicable or potentially communicable disease, the 19 25 department may isolate or quarantine, pursuant to chapter 139A 19 26 and the rules implementing chapter 139A and this division of 19 27 this chapter, any individual who is unable or unwilling to 19 28 undergo treatment or prophylaxis pursuant to this section. 19 29 Sec. 40. Section 170.6, subsection 1, paragraph b, if 19 30 enacted by 2003 Iowa Acts, House File 624, is amended to read 19 31 as follows: 19 32 b. Failed to provide notice or access to the department of 19 33 natural resources and the department of agriculture and land 19 34 stewardship as required by section 170.5. 19 35 Sec. 41. Section 232.71B, subsection 7A, if enacted by 20 1 2003 Iowa Acts, House File 558, section 1, is amended to read 20 2 as follows: 20 3 7A. PROTECTIVE DISCLOSURE. If the department determines 20 4 that disclosure is necessary for the protection of a child, 20 5 the department may disclose to a subject of a child abuse 20 6 report referred to in section 235A.15, subsection 2, paragraph 20 7 "a", that an individual is listed in the child or dependent 20 8 adult abuse registry or is required to register with the sex 20 9 offender registry in accordance with chapter 692A. 20 10 Sec. 42. Section 235B.3, subsection 6A, if enacted by 2003 20 11 Iowa Acts, House File 558, section 2, is amended to read as 20 12 follows: 20 13 6A. If the department determines that disclosure is 20 14 necessary for the protection of a dependent adult, the 20 15 department may disclose to a subject of a dependent adult 20 16 abuse report referred to in section 235B.6, subsection 2, 20 17 paragraph "a", that an individual is listed in the child or 20 18 dependent adult abuse registry or is required to register with 20 19 the sex offender registry in accordance with chapter 692A. 20 20 Sec. 43. Section 304B.3, subsections 4, 8, and 9, if 20 21 enacted by 2003 Iowa Acts, House File 648, section 6, are 20 22 amended to read as follows: 20 23 4. The director of revenueand finance. 20 24 8. The director of the department ofgeneral20 25 administrative services. 20 269. The director of the information technology department.20 27 Sec. 44. Section 356.7, subsection 1, as amended by 2003 20 28 Iowa Acts, House File 650, section 1, if enacted, is amended 20 29 to read as follows: 20 30 1. The county sheriff, or a municipality operating a 20 31 temporary municipal holding facility or jail, may charge a 20 32 prisoner who is eighteen years of age or older and who has 20 33 been convicted of a criminal offense or sentenced for contempt 20 34 of court for violation of a domestic abuse order for the 20 35 actual administrative costs relating to the arrest and booking 21 1 of that prisoner, and for room and board provided to the 21 2 prisoner while in the custody of the county sheriff or 21 3 municipality. Moneys collected by the sheriff or municipality 21 4 under this section shall be creditedrespectfullyrespectively 21 5 to the county general fund or the city general fund and 21 6 distributed as provided in this section. If a prisoner who 21 7 has been convicted of a criminal offense or sentenced for 21 8 contempt of court for violation of a domestic abuse order 21 9 fails to pay for the administrative costs and the room and 21 10 board, the sheriff or municipality may file a room and board 21 11 reimbursement claim with the district court as provided in 21 12 subsection 2. The county attorney may file the reimbursement 21 13 claim on behalf of the sheriff and the county or the 21 14 municipality. The attorney for the municipality may also file 21 15 a reimbursement claim on behalf of the municipality. This 21 16 section does not apply to prisoners who are paying for their 21 17 room and board by court order pursuant to sections 356.26 21 18 through 356.35. 21 19 Sec. 45. Section 459.401, subsection 2, paragraph a, 21 20 subparagraph (3A), if enacted by 2003 Iowa Acts, House File 21 21 644, section 18, is amended to read as follows: 21 22 (3A) A commercial manure service license fee as provided 21 23 in section359.316459.316. 21 24 Sec. 46. Section 505A.1, article V, section 2, paragraph 21 25 a, subparagraph (3), if enacted by 2003 Iowa Acts, House File 21 26 647, section 54, is amended to read as follows: 21 27 (3) Four members from those compacting states with less 21 28 than two percent of the market, based on the premium volume 21 29 described in subparagraph (1), with one selected from each of 21 30 the four zone regions of the national association of insurance 21 31 commissioners as provided in the bylaws. 21 32 Sec. 47. Section 508.31A, subsection 2, paragraph b, Code 21 33 2003, as amended by 2003 Iowa Acts, House File 647, section 7, 21 34 if enacted, is amended to read as follows: 21 35 b. A funding agreement issued pursuant to paragraph "a", 22 1 subparagraph (1), (2), or (3), shall be for a total amount of 22 2 not less than one million dollars. 22 3 Sec. 48. Section 692A.13, subsection 9, if enacted by 2003 22 4 Iowa Acts, House File 558, section 3, is amended to read as 22 5 follows: 22 6 9. If the department of human services determines that 22 7 disclosure is necessary for the protection of a child or a 22 8 dependent adult, the department may disclose to a subject of a 22 9 child abuse report referred to in section 235A.15, subsection 22 10 2, paragraph "a", or to a subject of a dependent adult abuse 22 11 report referred to in section 235B.6, subsection 2, paragraph 22 12 "a", that an individual is listed in the child or dependent 22 13 adult abuse registry or is required to register under this 22 14 chapter. 22 15 Sec. 49. Section 901.5, subsection 7A, paragraph d, as 22 16 enacted by 2003 Iowa Acts, House File 404, section 1, is 22 17 amended to read as follows: 22 18 d. Violation of a no-contact order issued under this 22 19 section is punishable by summary contempt proceedings. A 22 20 hearing in a contempt proceeding brought pursuant to this 22 21 subsection shall be held not less than five days and not more 22 22 than fifteen days after the issuance of a rule to show cause, 22 23 as set by the court, unless the defendant is already in 22 24 custody at the time of the alleged violation in which case the 22 25 hearing shall be held not less than five days and not more 22 26 than forty-five days after the issuance of the rule to show 22 27 cause. 22 28 Sec. 50. 2003 Iowa Acts, Senate File 155, section 26, is 22 29 repealed. 22 30 Sec. 51. 2003 Iowa Acts, Senate File 155, section 56, is 22 31 repealed. 22 32 Sec. 52. 2003 Iowa Acts, House File 601, section 2, is 22 33 amended by striking the section and inserting in lieu thereof 22 34 the following: 22 35 SEC. 2. Section 56.5, subsection 2, paragraph d, Code 23 1 2003, is amended by striking the paragraph. 23 2 Sec. 53. 2003 Iowa Acts, House File 624, section 22, if 23 3 enacted, is amended to read as follows: 23 4 SEC. 22. HUNTING PRESERVES AND GAME BREEDERS – AUTOMATIC 23 5 CERTIFICATION.AnyA fence enclosing farm deer kept on land 23 6 which is owned by a person licensed pursuant to section 484B.5 23 7 or 481A.61and which is enclosed with a fenceon the effective 23 8 date of this Act shall be deemed to comply with construction 23 9 requirements of section 170.4 and shall be automatically 23 10 certified by the department of agriculture and land 23 11 stewardship withoutsubmittingsubmission of an application. 23 12 The landowner is not required to notify the department of 23 13 natural resources concerning removal of whitetail as otherwise 23 14 required pursuant to section 170.5. 23 15 Sec. 54. 2003 Iowa Acts, House File 648, section 1, if 23 16 enacted, is repealed. 23 17 Sec. 55. CONTINGENT EFFECTIVE DATES. 23 18 1. The section of this division of this Act amending 23 19 section 8A.202, subsection 2, if enacted by 2003 Iowa Acts, 23 20 House File 534, takes effect if House File 648, relating to 23 21 the management of state archives and records, is enacted by 23 22 the Eightieth General Assembly, 2003 Regular Session. 23 23 2. The sections of this division of this Act amending 23 24 section 304B.3, if enacted by 2003 Iowa Acts, House File 648, 23 25 and repealing 2003 Iowa Acts, House File 648, section 1, if 23 26 enacted, take effect if House File 534, establishing a 23 27 department of administrative services, is enacted by the 23 28 Eightieth General Assembly, 2003 Regular Session. 23 29 3. The section of this division of this Act repealing 2003 23 30 Iowa Acts, Senate File 155, section 26, takes effect if 2003 23 31 Iowa Acts, House File 614, relating to elections, is enacted 23 32 by the Eightieth General Assembly, 2003 Regular Session. 23 33 DIVISION VII 23 34 MISCELLANEOUS PROVISIONS 23 35 Sec. 56. Section 12B.10, subsection 6, paragraph d, 24 1 subparagraph (4), Code 2003, is amended to read as follows: 24 2 (4) For investments of short-term operating funds, the 24 3 funds shall not be invested in investments having effective 24 4 maturities exceeding sixty-three months. 24 5 Sec. 57. Section 12B.10A, subsection 6, paragraph d, 24 6 subparagraph (4), Code 2003, is amended to read as follows: 24 7 (4) For investments of short-term operating funds, the 24 8 funds shall not be invested in investments having effective 24 9 maturities exceeding sixty-three months. 24 10 Sec. 58. Section 12E.12, subsection 8, Code 2003, is 24 11 amended to read as follows: 24 12 8. With respect to the payment of certain debt service, 24 13 the debt service to be paid shall be those installments of 24 14 debt service on bonds selected by the treasurer of state and 24 15 identified in the authority's tax certificate delivered at the 24 16 time of the issuance of the bonds issued pursuant to this 24 17 chapter, or as otherwise selected by the treasurer of state. 24 18 Once the bonds and the installments of debt service thereon 24 19 are so selected, that debt service and bonds shall not be 24 20 paid, or provided to be paid, from any other source including 24 21 the state or any of its departments or agencies. Provided, 24 22 however, that if funds are not appropriated to pay debt 24 23 service on such bonds when due, the issuing agency shall pay 24 24suchthe debt service from any available source as provided in 24 25 the bond covenantsfor such bonds. To the extent that this 24 26 section does not allow proceeds of previously issued refunding 24 27 bonds to be applied for the purpose of the refunding, the 24 28 issuing agency may expend such proceeds to improve, remodel, 24 29 or repair buildings or other infrastructure upon authorization 24 30 of the issuing agency's authority. 24 31 Sec. 59. Section 15E.193B, subsection 4, Code 2003, is 24 32 amended to read as follows: 24 33 4. The eligible housing business shall complete its 24 34 building or rehabilitation within two years from the time the 24 35 business begins construction on the single-family homes and 25 1 dwelling units. The failure to complete construction or 25 2 rehabilitation within two years shall result in the eligible 25 3 housing business becoming ineligible and subject to the 25 4 repayment requirements and penalties enumerated in subsection 25 5 7. The department may extend the prescribed two-year 25 6 completion period for any project which has not been completed 25 7 if the department determines that completion within the two- 25 8 year period is impossible or impractical as a result of a 25 9 substantial loss caused by flood, fire, earthquake, storm, or 25 10 other catastrophe. For purposes of this subsection, 25 11 "substantial loss" means damage or destruction in an amount in 25 12 excess of thirty percent of the project's expected eligible 25 13 basis as set forth in the eligible housing business's 25 14 application. 25 15 Sec. 60. NEW SECTION. 16.181 HOUSING TRUST FUND. 25 16 1. a. A housing trust fund is created within the 25 17 authority. The moneys in the housing trust fund are annually 25 18 appropriated to the authority to be used for the development 25 19 and preservation of affordable housing for low-income people 25 20 in the state. Payment of interest, recaptures of awards, or 25 21 other repayments to the housing trust fund shall be deposited 25 22 in the fund. Notwithstanding section 12C.7, interest or 25 23 earnings on moneys in the housing trust fund or appropriated 25 24 to the fund shall be credited to the fund. Notwithstanding 25 25 section 8.33, unencumbered and unobligated moneys remaining in 25 26 the fund at the close of each fiscal year shall not revert but 25 27 shall remain available for expenditure for the same purposes 25 28 in the succeeding fiscal year. 25 29 b. Assets in the housing trust fund shall consist of all 25 30 of the following: 25 31 (1) Any assets received by the authority from the Iowa 25 32 housing corporation. 25 33 (2) Any assets transferred by the authority for deposit in 25 34 the housing trust fund. 25 35 (3) Any other moneys appropriated by the general assembly 26 1 and any other moneys available to and obtained or accepted by 26 2 the authority for placement in the housing trust fund. 26 3 c. The authority shall create the following programs 26 4 within the housing trust fund: 26 5 (1) Local housing trust fund program. Sixty percent of 26 6 available moneys in the housing trust fund shall be allocated 26 7 for the local housing trust fund program. Any moneys 26 8 remaining in the local housing trust fund program on April 1 26 9 of each fiscal year which have not been awarded to a local 26 10 housing trust fund may be transferred to the project-based 26 11 housing program at any time prior to the end of the fiscal 26 12 year. 26 13 (2) Project-based housing program. Forty percent of the 26 14 available moneys in the housing trust fund shall be allocated 26 15 to the project-based housing program. 26 16 2. a. In order to be eligible to apply for funding from 26 17 the local housing trust fund program, a local housing trust 26 18 fund must be approved by the authority and have all of the 26 19 following: 26 20 (1) A local governing board recognized by the city, 26 21 county, council of governments, or regional officials as the 26 22 board responsible for coordinating local housing programs. 26 23 (2) A housing assistance plan approved by the authority. 26 24 (3) Sufficient administrative capacity in regard to 26 25 housing programs. 26 26 (4) A local match requirement approved by the authority. 26 27 b. An award from the local housing trust fund program 26 28 shall not exceed ten percent of the balance in the program at 26 29 the beginning of the fiscal year plus ten percent of any 26 30 deposits made during the fiscal year. 26 31 c. By December 31 of each year, a local housing trust fund 26 32 receiving moneys from the local housing trust fund program 26 33 shall submit a report to the authority itemizing expenditures 26 34 of the awarded moneys. 26 35 3. In an area where no local housing trust fund exists, a 27 1 person may apply for moneys from the project-based housing 27 2 program. 27 3 4. The authority shall adopt rules pursuant to chapter 17A 27 4 necessary to administer this section. 27 5 Sec. 61. Section 25.1, Code 2003, is amended by adding the 27 6 following new subsection: 27 7 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2, 27 8 and section 25.2, the state appeal board shall not consider 27 9 claims for refund of the unused portion of vehicle 27 10 registration fees collected under section 321.105. 27 11 Sec. 62. Section 28.9, subsection 2, Code 2003, is amended 27 12 to read as follows: 27 13 2. a. A school ready children grants account is created 27 14 in the Iowa empowerment fund under the authority of the 27 15 director of the department of education. Moneys credited to 27 16 the account shall be distributed by the department of 27 17 education in the form of grants to community empowerment areas 27 18 pursuant to criteria established by the Iowa board in 27 19 accordance with law. 27 20 b. The distribution formula utilized by the Iowa board for 27 21 school ready children grants in the fiscal year beginning July 27 22 1, 2004, and for each succeeding fiscal year, shall 27 23 specifically incorporate the following components: 27 24 (1) A minimum statewide performance baseline shall be 27 25 established for the core indicators of performance identified 27 26 pursuant to section 28.8, subsection 1, paragraph "a". 27 27 (2) A community empowerment area must maintain its 27 28 designated status in good standing and must have received 27 29 continued approval of its school ready children grant plan. 27 30 (3) The community empowerment area must identify how the 27 31 core indicators of performance will be addressed by the area 27 32 and select two or more of the core indicators that will 27 33 achieve a minimum percentage of improvement identified by the 27 34 area, subject to approval by the Iowa board. The community 27 35 empowerment area's data for the calendar year preceding the 28 1 year in which the area initially received a school ready 28 2 children grant shall be used as the area's baseline year. 28 3 (4) If an area achieves the identified percentage level of 28 4 improvement in the preceding calendar year, the area's minimum 28 5 grant amount shall be the annualized grant amount received in 28 6 the area's initial year of funding. The Iowa board may 28 7 implement provisions for averaging the performance levels over 28 8 two or more years and other approaches to apply the 28 9 requirements of this paragraph "b" in an equitable manner. 28 10 (5) If an area does not achieve the identified percentage 28 11 level of improvement in the preceding calendar year, the area 28 12 shall receive a reduction from the area's minimum grant 28 13 amount. If the identified percentage level of improvement is 28 14 achieved in the next succeeding calendar year, the area's 28 15 minimum grant amount shall be restored. 28 16 Sec. 63. Section 29C.8, subsection 3, Code 2003, is 28 17 amended by adding the following new paragraphs: 28 18 NEW PARAGRAPH. f. (1) Approve and support the 28 19 development and ongoing operations of an urban search and 28 20 rescue team to be deployed as a resource to supplement and 28 21 enhance emergency and disaster operations. 28 22 (2) A member of an urban search and rescue team acting 28 23 under the authority of the administrator or pursuant to a 28 24 governor's disaster proclamation as provided in section 29C.6 28 25 shall be considered an employee of the state under chapter 669 28 26 and shall be afforded protection as an employee of the state 28 27 under section 669.21. Disability, workers' compensation, and 28 28 death benefits for team members working under the authority of 28 29 the administrator or pursuant to the provisions of section 28 30 29C.6 shall be paid by the state in a manner consistent with 28 31 the provisions of chapter 85, 410, or 411 as appropriate, 28 32 depending on the status of the member. 28 33 NEW PARAGRAPH. g. Develop, implement, and support a 28 34 uniform incident command system to be used by state agencies 28 35 to facilitate efficient and effective assistance to those 29 1 affected by emergencies and disasters. This system shall be 29 2 consistent with the requirements of the United States 29 3 occupational safety and health administration and a national 29 4 incident management system. 29 5 Sec. 64. Section 29C.20, subsection 1, Code 2003, is 29 6 amended to read as follows: 29 7 1. a. A contingent fund is created in the state treasury 29 8 for the use of the executive council which may be expended for 29 9 thepurpose of payingfollowing purposes: 29 10 (1) Paying the expenses of suppressing an insurrection or 29 11 riot, actual or threatened, when state aid has been rendered 29 12 by order of the governor, and for repairing,. 29 13 (2) Repairing, rebuilding, or restoring state property 29 14 injured, destroyed, or lost by fire, storm, theft, or 29 15 unavoidable cause, and for repairing,. 29 16 (3) Repairing, rebuilding, or restoring state property 29 17whichthat is fiberoptic cable andwhichthat is injured or 29 18 destroyed by a wild animal, and for aid to. 29 19 (4) Paying the expenses incurred by and claims of an urban 29 20 search and rescue team when acting under the authority of the 29 21 administrator and the provisions of section 29C.6. 29 22 (5) (a) Aiding any governmental subdivision in an area 29 23 declared by the governor to be a disaster area due to natural 29 24 disasters or to expenditures necessitated by the governmental 29 25 subdivision toward averting or lessening the impact of the 29 26 potential disaster, where the effect of the disaster or action 29 27 on the governmental subdivision is the immediate financial 29 28 inability to meet the continuing requirements of local 29 29 government. 29 30 (b) Upon application by a governmental subdivision in such 29 31 an area, accompanied by a showing of obligations and 29 32 expenditures necessitated by an actual or potential disaster 29 33 in a form and with further information the executive council 29 34 requires, the aid may be made in the discretion of the 29 35 executive council and, if made, shall be in the nature of a 30 1 loan up to a limit of seventy-five percent of the showing of 30 2 obligations and expenditures. The loan, without interest, 30 3 shall be repaid by the maximum annual emergency levy 30 4 authorized by section 24.6, or by the appropriate levy 30 5 authorized for a governmental subdivision not covered by 30 6 section 24.6. The aggregate total of loans shall not exceed 30 7 one million dollars during a fiscal year. A loan shall not be 30 8 for an obligation or expenditure occurring more than two years 30 9 previous to the application. 30 10 b. When a state department or agency requests that moneys 30 11 from the contingent fund be expended to repair, rebuild, or 30 12 restore state property injured, destroyed, or lost by fire, 30 13 storm, theft, or unavoidable cause, or to repair, rebuild, or 30 14 restore state propertywhichthat is fiberoptic cable and 30 15whichthat is injured or destroyed by a wild animal, or for 30 16 payment of the expenses incurred by and claims of an urban 30 17 search and rescue team when acting under the authority of the 30 18 administrator and the provisions of section 29C.6, the 30 19 executive council shall consider the original source of the 30 20 funds for acquisition of the property before authorizing the 30 21 expenditure. If the original source was other than the 30 22 general fund of the state, the department or agency shall be 30 23 directed to utilize moneys from the original source if 30 24 possible. The executive council shall not authorize the 30 25 repairing, rebuilding, or restoring of the property from the 30 26 disaster aid contingent fund if it determines that moneys from 30 27 the original source are available to finance the project. 30 28 Sec. 65. Section 99G.40, subsection 1, paragraph a, if 30 29 enacted by 2003 Iowa Acts, Senate File 453, is amended to read 30 30 as follows: 30 31 a. Submit quarterly and annual reports to the governor, 30 32 state auditor, and the general assembly disclosing the total 30 33 lottery revenues, prize disbursements, and other expenses of 30 34 the authority during the reporting period. The fourth quarter 30 35 report shall be included in the annual report made pursuant to 31 1 this section. The annual report shall include a complete 31 2 statement of lottery revenues, prize disbursements, and other 31 3 expenses, and recommendations for changes in the law that the 31 4 chief executive officer deems necessary or desirable. The 31 5 annual report shall be submitted within one hundred twenty 31 6 days after the close of the fiscal year. The chief executive 31 7 officer shall report immediately to the governor, the 31 8 treasurer of state, and the general assembly any matters that 31 9 require immediate changes in the law in order to prevent 31 10 abuses or evasions of this chapter or rules adopted or to 31 11 rectify undesirable conditions in connection with the 31 12 administration or operation of the lottery. The auditor of 31 13 state and the auditor's legally authorized representatives may 31 14 periodically examine the accounts and books of the authority, 31 15 including its revenues, disbursements, contracts, leases, 31 16 investments, and other records and papers relating to its 31 17 financial standing. 31 18 Sec. 66. Section 260C.14, Code 2003, is amended by adding 31 19 the following new subsection: 31 20 NEW SUBSECTION. 20. Adopt a policy to offer not less than 31 21 the following options to a student who is a member of the Iowa 31 22 national guard or reserve forces of the United States and who 31 23 is ordered to active state service or federal service or duty: 31 24 a. Withdraw from the student's entire registration and 31 25 receive a full refund of tuition and mandatory fees. 31 26 b. Make arrangements with the student's instructors for 31 27 course grades, or for incompletes that shall be completed by 31 28 the student at a later date. If such arrangements are made, 31 29 the student's registration shall remain intact and tuition and 31 30 mandatory fees shall be assessed for the courses in full. 31 31 c. Make arrangements with only some of the student's 31 32 instructors for course grades, or for incompletes that shall 31 33 be completed by the student at a later date. If such 31 34 arrangements are made, the registration for those courses 31 35 shall remain intact and tuition and mandatory fees shall be 32 1 assessed for those courses. Any course for which arrangements 32 2 cannot be made for grades or incompletes shall be considered 32 3 dropped and the tuition and mandatory fees for the course 32 4 refunded. 32 5 Sec. 67. Section 261.9, subsection 1, unnumbered paragraph 32 6 1, Code 2003, is amended to read as follows: 32 7 "Accredited private institution" means an institution of 32 8 higher learning located in Iowa which is operated privately 32 9 and not controlled or administered by any state agency or any 32 10 subdivision of the state, except for county hospitals as 32 11 provided in paragraph "c" of this subsection, and which meets 32 12 at least one of the criteria in paragraphs "a" through "c" and 32 13 all of the criteria in paragraphs "d" through"f""g": 32 14 Sec. 68. Section 261.9, subsection 1, Code 2003, is 32 15 amended by adding the following new paragraph: 32 16 NEW PARAGRAPH. g. Adopts a policy to offer not less than 32 17 the following options to a student who is a member of the Iowa 32 18 national guard or reserve forces of the United States and who 32 19 is ordered to active state service or federal service or duty: 32 20 (1) Withdraw from the student's entire registration and 32 21 receive a full refund of tuition and mandatory fees. 32 22 (2) Make arrangements with the student's instructors for 32 23 course grades, or for incompletes that shall be completed by 32 24 the student at a later date. If such arrangements are made, 32 25 the student's registration shall remain intact and tuition and 32 26 mandatory fees shall be assessed for the courses in full. 32 27 (3) Make arrangements with only some of the student's 32 28 instructors for grades, or for incompletes that shall be 32 29 completed by the student at a later date. If such 32 30 arrangements are made, the registration for those courses 32 31 shall remain intact and tuition and mandatory fees shall be 32 32 assessed for those courses. Any course for which arrangements 32 33 cannot be made for grades or incompletes shall be considered 32 34 dropped and the tuition and mandatory fees for the course 32 35 refunded. 33 1 Sec. 69. Section 262.9, Code 2003, is amended by adding 33 2 the following new subsection: 33 3 NEW SUBSECTION. 29. Direct the institutions of higher 33 4 education under its control to adopt a policy to offer not 33 5 less than the following options to a student who is a member 33 6 of the Iowa national guard or reserve forces of the United 33 7 States and who is ordered to active state service or federal 33 8 service or duty: 33 9 a. Withdraw from the student's entire registration and 33 10 receive a full refund of tuition and mandatory fees. 33 11 b. Make arrangements with the student's instructors for 33 12 course grades, or for incompletes that shall be completed by 33 13 the student at a later date. If such arrangements are made, 33 14 the student's registration shall remain intact and tuition and 33 15 mandatory fees shall be assessed for the courses in full. 33 16 c. Make arrangements with only some of the student's 33 17 instructors for grades, or for incompletes that shall be 33 18 completed by the student at a later date. If such 33 19 arrangements are made, the registration for those courses 33 20 shall remain intact and tuition and mandatory fees shall be 33 21 assessed for those courses. Any course for which arrangements 33 22 cannot be made for grades or incompletes shall be considered 33 23 dropped and the tuition and mandatory fees for the course 33 24 refunded. 33 25 Sec. 70. Section 284.13, subsection 1, paragraph a, Code 33 26 2003, is amended to read as follows: 33 27 a. For each fiscal year in the fiscalyearperiod 33 28 beginning July 1,20012003, and ending June 30,20022005, 33 29 the department shall reserve up toone millionfive hundred 33 30 thousand dollars of any moneys appropriated for purposes of 33 31 this chapter. For each fiscal year in which moneys are 33 32 appropriated by the general assembly for purposes of team- 33 33 based variable pay pursuant to section 284.11, the amount of 33 34 moneys allocated to school districts shall be in the 33 35 proportion that the basic enrollment of a school district 34 1 bears to the sum of the basic enrollments of all participating 34 2 school districts for the budget year. However, the per pupil 34 3 amount distributed to a school district under the pilot 34 4 program shall not exceed one hundred dollars. 34 5 Sec. 71. Section 294A.25, subsections 6 and 10, Code 2003, 34 6 are amended by striking the subsections. 34 7 Sec. 72. Section 294A.25, subsections 7, 8, and 9, Code 34 8 2003, are amended to read as follows: 34 9 7.ForExcept as otherwise provided in this section, for 34 10 the fiscal year beginning July 1,19902003, and succeeding 34 11 fiscal years, the remainder of moneys appropriated in 34 12 subsection 1 to the department of education shall be deposited 34 13 in the educational excellence fund to be allocated in an 34 14 amount to meet theminimum salaryrequirements of this chapter 34 15 for phase I, in an amount to meet the requirements forand 34 16 phase II, and the remainder of the appropriation for phase34 17III. 34 18 8. Commencing with the fiscal year beginning July 1,199734 19 2003, the amount of two hundred thirty thousand dollars for a 34 20 kindergarten to grade twelve management information system 34 21from additional funds transferred from phase I to phase III. 34 22 9. For the fiscal year beginning July 1,20002003, and 34 23 for each succeeding fiscal year, the amount of one hundred 34 24 seventy thousand dollars to the state board of regents for 34 25 distribution in the amount of sixty-eight thousand dollars to 34 26 the Iowa braille and sight saving school and in the amount of 34 27 one hundred two thousand dollars to the Iowa state school for 34 28 the deaffrom phase III moneys. 34 29 Sec. 73. Section 321J.2, subsection 2, paragraph a, 34 30 subparagraph (3), subparagraph subdivisions (a) and (b), as 34 31 enacted by 2003 Iowa Acts, House File 65, section 2, are 34 32 amended to read as follows: 34 33 (a) A defendant whose alcohol concentration is .08 or more 34 34 but not more than .10 shall not be eligible for any temporary 34 35 restricted license for at least thirty days if a test was 35 1 obtained and an accident resulting in personal injury or 35 2 property damage occurred. The defendant shall be ordered to 35 3 install an ignition interlock device of a type approved by the 35 4 commissioner of public safety on all vehicles owned or 35 5 operated by the defendant if the defendant seeks a temporary 35 6 restricted license. There shall be no such period of 35 7 ineligibility if no such accident occurred, and the defendant 35 8 shall not be ordered to install an ignition interlock device. 35 9 (b) A defendant whose alcohol concentration is more than 35 10 .10 shall not be eligible for any temporary restricted license 35 11 for at least thirty days if a test was obtained, and an 35 12 accident resulting in personal injury or property damage 35 13 occurred or the defendant's alcohol concentration exceeded 35 14 .15. There shall be no such period of ineligibility if no 35 15 such accident occurred and the defendant's alcohol 35 16 concentration did not exceed .15. In either case, where a 35 17 defendant's alcohol concentration is more than .10, the 35 18 defendant shall be ordered to install an ignition interlock 35 19 device of a type approved by the commissioner of public safety 35 20 on all vehicles owned or operated by the defendant if the 35 21 defendant seeks a temporary restricted license. 35 22 Sec. 74. Section 321J.4, subsection 1, paragraphs a and b, 35 23 as enacted by 2003 Iowa Acts, House File 65, section 3, are 35 24 amended to read as follows: 35 25 a. A defendant whose alcohol concentration is .08 or more 35 26 but not more than .10 shall not be eligible for any temporary 35 27 restricted license for at least thirty days if a test was 35 28 obtained and an accident resulting in personal injury or 35 29 property damage occurred. The defendant shall be ordered to 35 30 install an ignition interlock device of a type approved by the 35 31 commissioner of public safety on all vehicles owned or 35 32 operated by the defendant if the defendant seeks a temporary 35 33 restricted license. There shall be no such period of 35 34 ineligibility if no such accident occurred, and the defendant 35 35 shall not be ordered to install an ignition interlock device. 36 1 b. A defendant whose alcohol concentration is more than 36 2 .10 shall not be eligible for any temporary restricted license 36 3 for at least thirty days if a test was obtained, and an 36 4 accident resulting in personal injury or property damage 36 5 occurred or the defendant's alcohol concentration exceeded 36 6 .15. There shall be no such period of ineligibility if no 36 7 such accident occurred and the defendant's alcohol 36 8 concentration did not exceed .15. In either case, where a 36 9 defendant's alcohol concentration is more than .10, the 36 10 defendant shall be ordered to install an ignition interlock 36 11 device of a type approved by the commissioner of public safety 36 12 on all vehicles owned or operated by the defendant if the 36 13 defendant seeks a temporary restricted license. 36 14 Sec. 75. Section 321J.4, subsection 3, paragraphs a and b, 36 15 as enacted by 2003 Iowa Acts, House File 65, section 3, are 36 16 amended to read as follows: 36 17 a. A defendant whose alcohol concentration is .08 or more 36 18 but not more than .10 shall not be eligible for any temporary 36 19 restricted license for at least thirty days if a test was 36 20 obtained and an accident resulting in personal injury or 36 21 property damage occurred. The defendant shall be ordered to 36 22 install an ignition interlock device of a type approved by the 36 23 commissioner of public safety on all vehicles owned or 36 24 operated by the defendant if the defendant seeks a temporary 36 25 restricted license. There shall be no such period of 36 26 ineligibility if no such accident occurred, and the defendant 36 27 shall not be ordered to install an ignition interlock device. 36 28 b. A defendant whose alcohol concentration is more than 36 29 .10 shall not be eligible for any temporary restricted license 36 30 for at least thirty days if a test was obtained, and an 36 31 accident resulting in personal injury or property damage 36 32 occurred or the defendant's alcohol concentration exceeded 36 33 .15. There shall be no such period of ineligibility if no 36 34 such accident occurred and the defendant's alcohol 36 35 concentration did not exceed .15. In either case, where a 37 1 defendant's alcohol concentration is more than .10, the 37 2 defendant shall be ordered to install an ignition interlock 37 3 device of a type approved by the commissioner of public safety 37 4 on all vehicles owned or operated by the defendant if the 37 5 defendant seeks a temporary restricted license. 37 6 Sec. 76. Section 321J.12, subsection 2, paragraphs a and 37 7 b, as enacted by 2003 Iowa Acts, House File 65, section 5, are 37 8 amended to read as follows: 37 9 a. A person whose driver's license or nonresident 37 10 operating privileges have been revoked under subsection 1, 37 11 paragraph "a", whose alcohol concentration is .08 or more but 37 12 not more than .10 shall not be eligible for any temporary 37 13 restricted license for at least thirty days after the 37 14 effective date of the revocation if a test was obtained and an 37 15 accident resulting in personal injury or property damage 37 16 occurred. The defendant shall be ordered to install an 37 17 ignition interlock device of a type approved by the 37 18 commissioner of public safety on all vehicles owned or 37 19 operated by the defendant if the defendant seeks a temporary 37 20 license. There shall be no such period of ineligibility if no 37 21 such accident occurred, and the defendant shall not be ordered 37 22 to install an ignition interlock device. 37 23 b. A defendant whose alcohol concentration is more than 37 24 .10 shall not be eligible for any temporary restricted license 37 25 for at least thirty days if a test was obtained, and an 37 26 accident resulting in personal injury or property damage 37 27 occurred or the defendant's alcohol concentration exceeded 37 28 .15. There shall be no such period of ineligibility if no 37 29 such accident occurred and the defendant's alcohol 37 30 concentration did not exceed .15. In either case, where a 37 31 defendant's alcohol concentration is more than .10, the 37 32 defendant shall be ordered to install an ignition interlock 37 33 device of a type approved by the commissioner of public safety 37 34 on all vehicles owned or operated by the defendant if the 37 35 defendant seeks a temporary restricted license. 38 1 Sec. 77. Section 331.605C, subsection 4, if enacted by 38 2 2003 Iowa Acts, Senate File 453, is amended to read as 38 3 follows: 38 4 4. Thestatelocal electronic governmentelectronic38 5 transaction fund is established in the office of the treasurer 38 6 of state under the control of the treasurer of state. Moneys 38 7 deposited into the fund are not subject to section 8.33. 38 8 Notwithstanding section 12C.7, interest or earnings on moneys 38 9 in thestatelocal electronic governmentelectronic38 10 transaction fund shall be credited to the fund. Moneys in the 38 11statelocal electronic governmentelectronictransaction fund 38 12 are not subject to transfer, appropriation, or reversion to 38 13 any other fund, or any other use except as provided in this 38 14 subsection. The treasurer of state shall enter into a 38 15 contract with the Iowa state association of counties affiliate 38 16 representing county recorders to develop, implement, and 38 17 maintain a statewide internet website for purposes of 38 18 providing electronic access to records and information 38 19 recorded or filed by county recorders. On a monthly basis, 38 20 the county treasurer shall pay one dollar of each fee 38 21 collected pursuant to subsection 1 to the treasurer of state 38 22 for deposit into thestatelocal electronic government 38 23electronictransaction fund. Moneys credited to thestate38 24 local electronic governmentelectronictransaction fund are 38 25 appropriated to the treasurer of state to be used for contract 38 26 costs. This subsection is repealed June 30, 2004. 38 27 Sec. 78. Section 422.45, Code 2003, is amended by adding 38 28 the following new subsection: 38 29 NEW SUBSECTION. 64. The gross receipts from noncustomer 38 30 point of sale or noncustomer automated teller machine access 38 31 or service charges assessed by a financial institution. For 38 32 purposes of this subsection, "financial institution" means the 38 33 same as defined in section 527.2. 38 34 Sec. 79. Section 435.26A, subsections 2 and 5, as enacted 38 35 by 2003 Iowa Acts, Senate File 134, section 7, are amended to 39 1 read as follows: 39 2 2. Upon receipt of a certificate of title from a 39 3 manufactured home owner, a county treasurer shall notify the 39 4 department of transportation that the certificate of title has 39 5 been surrendered, remove the registration of title from the 39 6 county treasurer's records, and destroy the certificate of 39 7 title. 39 8 The manufactured home owner or the owner's representative 39 9 shall provide to the county recorder the identifying data of 39 10 the manufactured home, including the owner's name, the name of 39 11 the manufacturer, the model name, the year of manufacture, and 39 12 the serial number of the home, along with the legal 39 13 description of the real estate on which the manufactured home 39 14 is located. In addition, evidence shall be provided of the 39 15 surrender of the certificate of title. After the surrender of 39 16 the certificate of title of a manufactured home under this 39 17 section, conveyance of an interest in the manufactured home 39 18 shall not require transfer of title so long as the 39 19 manufactured home remains on the same real estate site. 39 20 5. An owner of a manufactured home who has surrendered a 39 21 certificate of title under this section and requires another 39 22 certificate of title for the manufactured home is required to 39 23 apply for a bonded certificate of title under chapter 321. If 39 24 supporting documents for the reissuance of a title are not 39 25 available or sufficient, the procedure for the reissuance of a 39 26 title specified in the rules of the department of 39 27 transportation shall be used. 39 28 Sec. 80. Section 453A.2, Code 2003, is amended by adding 39 29 the following new subsection: 39 30 NEW SUBSECTION. 5B. A tobacco compliance employee 39 31 training fund is created in the office of the treasurer of 39 32 state. The fund shall consist of civil penalties assessed by 39 33 the Iowa department of public health under section 453A.22, 39 34 for violations of this section. Moneys in the fund are 39 35 appropriated to the alcoholic beverages division of the 40 1 department of commerce and shall be used to develop and 40 2 administer the tobacco compliance employee training program 40 3 under section 453A.2A. Moneys deposited in the fund shall not 40 4 be transferred, used, obligated, appropriated, or otherwise 40 5 encumbered except as provided in this subsection. 40 6 Sec. 81. Section 453C.1, subsection 10, Code 2003, is 40 7 amended to read as follows: 40 8 10. "Units sold" means the number of individual cigarettes 40 9 sold in the state by the applicable tobacco product 40 10 manufacturer, whether directly or through a distributor, 40 11 retailer, or similar intermediary or intermediaries, during 40 12 the year in question, as measured by excise taxes collected by 40 13 the state on packs or roll-your-own tobacco containersbearing40 14the excise tax stamp of the state. The department of revenue 40 15 and finance shall adopt rules as are necessary to ascertain 40 16 the amount of state excise tax paid on the cigarettes of such 40 17 tobacco product manufacturer for each year. 40 18 Sec. 82. Section 453C.2, subsection 2, paragraph b, 40 19 subparagraph (2), Code 2003, is amended to read as follows: 40 20 (2) To the extent that a tobacco product manufacturer 40 21 establishes that the amount the manufacturer was required to 40 22 place into escrow on account of units sold in the state in a 40 23 particular year was greater thanthe state's allocable share40 24of the total payments that such manufacturer would have been40 25required to make in that year under the master settlement40 26agreementthe master settlement agreement payments, as 40 27 determined pursuant to section IX(i) of that agreement 40 28 including after final determination of all adjustments, that 40 29 such manufacturer would have been required to make on account 40 30 of such units sold had such manufacturer been a participating 40 31 manufacturer,as such payments are determined pursuant to40 32section IX(i)(2) of the master settlement agreement and before40 33any of the adjustments or offsets described in section40 34IX(i)(3) of that agreement other than the inflation40 35adjustment,the excess shall be released from escrow and 41 1 revert back to such tobacco product manufacturer. 41 2 Sec. 83. Section 455D.9, Code 2003, is amended by adding 41 3 the following new subsection: 41 4 NEW SUBSECTION. 1A. Yard waste may be accepted by a 41 5 sanitary landfill for land disposal if the sanitary landfill 41 6 operates an active methane collection system for the purpose 41 7 of producing electricity. For purposes of calculating the 41 8 waste stream and determining the attainment of the waste 41 9 stream reductions under section 455D.3 for a year in which 41 10 yard waste has been accepted for land disposal pursuant to 41 11 this subsection, the planning area shall estimate the amount 41 12 of tonnage attributable to yard waste and the estimated amount 41 13 shall be subtracted from the tonnage accepted by the planning 41 14 area during that year. 41 15 Sec. 84. Section 476.33, Code 2003, is amended by adding 41 16 the following new subsection: 41 17 NEW SUBSECTION. 5. a. The board shall adopt rules that 41 18 require the board, in a rate regulatory proceeding under 41 19 sections 476.3 and 476.6, to consider both of the following 41 20 for inclusion in rates: 41 21 (1) Capital infrastructure investments that will not 41 22 produce significant additional revenues and will be in service 41 23 in Iowa within nine months after the conclusion of the test 41 24 year. 41 25 (2) Cost of capital changes that will occur within nine 41 26 months after the conclusion of the test year that are 41 27 associated with a new generating plant that has been the 41 28 subject of a ratemaking principles proceeding pursuant to 41 29 section 476.53. 41 30 b. This subsection is repealed effective July 1, 2007. 41 31 However, any utilities board proceeding that is pending on 41 32 July 1, 2007, that is being conducted pursuant to section 41 33 476.3 or 476.6 shall be completed as if this section had not 41 34 been repealed. Upon repeal, the board may still consider the 41 35 adjustments addressed in this subsection, but shall not be 42 1 required to consider them. 42 2 Sec. 85. 2003 Iowa Acts, Senate File 453, section 49, 42 3 subsection 1, unnumbered paragraph 1, if enacted, is amended 42 4 to read as follows: 42 5 The department of human services shall establish a work 42 6 group in cooperation with representatives of the insurance 42 7 industry and members of the medical assistance advisory 42 8 council to develop a plan for the redesign of the medical 42 9 assistance program. In developing the redesign plan, the work 42 10 group shall consider all of the following: 42 11 Sec. 86. Sections 266.8, 266.24, 266.25, and 266.26, Code 42 12 2003, are repealed. 42 13 Sec. 87. REPORT ON FEDERAL ELECTION LAW IMPLEMENTATION. 42 14 The state committee, if formed, shall develop a plan for 42 15 compliance with the federal Help America Vote Act, Pub. L. No. 42 16 107-252, and the state committee, in conjunction with the 42 17 state commissioner of elections, shall provide quarterly 42 18 updates to the Senate and House of Representatives standing 42 19 committees on government oversight on the status of the 42 20 implementation of Pub. L. No. 107-252. 42 21 Sec. 88. SALE OF DEPARTMENT OF CORRECTIONS' REAL PROPERTY. 42 22 1. Immediately after the effective date of this section, 42 23 the department of corrections shall develop a plan to sell, at 42 24 market value, the twenty-acre tract of undeveloped land 42 25 adjacent to the Iowa correctional institution for women to any 42 26 municipality with a population of less than twenty thousand 42 27 persons. The plan shall include the sale of the tract of land 42 28 within a commercially reasonable time. The sale shall be 42 29 negotiated by the department and shall be handled in a manner 42 30 that is financially beneficial to the department. The 42 31 department shall as a condition of the sale to the 42 32 municipality require that the land not be sold by the 42 33 municipality for a period of ninety-nine years unless the land 42 34 is resold back to the state. Appraisals conducted by the 42 35 department of the value of the land shall be made available to 43 1 the public immediately following the sale of the tract of 43 2 land. If the department is unable to negotiate a financially 43 3 beneficial sale, the tract of land shall not be sold, and the 43 4 department shall provide the legislative fiscal bureau with 43 5 the reasons the sale did not occur. 43 6 2. The proceeds from the sale of the property as provided 43 7 in subsection 1 shall be retained by the department of 43 8 corrections to be used for correctional facilities. The costs 43 9 incident to the sale of the tract of land including, but not 43 10 limited to, appraisals, invitations for offers, abstracts, and 43 11 other necessary costs, may be paid from the proceeds of the 43 12 sale or from moneys appropriated for support and maintenance 43 13 to the institution at which the real estate is located. 43 14 3. The provisions of section 904.317 shall not apply to 43 15 the sale of the tract of land sold in accordance with this 43 16 section. 43 17 Sec. 89. SALES AND USE TAX REFUND. 43 18 1. Notwithstanding the one-year application period 43 19 provided for in section 422.45, subsection 7, paragraph "b", 43 20 an application by a city with a population between 550 and 625 43 21 located entirely in a county with a population between 39,750 43 22 and 41,750 for a refund of sales, services, or use tax paid 43 23 upon any goods, wares, or merchandise, or services rendered, 43 24 furnished, or performed and used in the performance of 43 25 contracts involving a street construction project and a sewer 43 26 project is considered timely filed under section 422.45, 43 27 subsection 7, if the application for refund is filed with the 43 28 department of revenue and finance on or before August 1, 2003. 43 29 2. Notwithstanding the amount applied for under subsection 43 30 1, the amount of a refund paid under this section shall not 43 31 exceed $15,000. 43 32 Sec. 90. SCHOOL DISTRICT REIMBURSEMENT CLAIM. 43 33 1. Any school district located in a county with a 43 34 population between 11,550 and 12,000 is authorized to refile a 43 35 claim for state reimbursement of the costs of providing 44 1 vocational education programs at the secondary level in its 44 2 district notwithstanding the denial of its previously filed 44 3 claim with the state appeal board if the claim is filed by 44 4 October 1, 2003. Such claim shall be considered timely filed 44 5 notwithstanding any provision of law. 44 6 2. If the claim filed pursuant to subsection 1 is a valid 44 7 claim for state reimbursement, the claim shall be paid subject 44 8 to the following: 44 9 a. The amount of costs reimbursed shall not exceed 6.5 44 10 percent. 44 11 b. Any amount reimbursed pursuant to any previously filed 44 12 claim relating to the same costs shall not be included. 44 13 c. The total amount reimbursed under this section shall 44 14 not exceed $6,000. 44 15 Sec. 91. COORDINATION OF PUBLIC TRANSPORTATION STUDY. The 44 16 state department of transportation shall conduct a study and 44 17 prepare a report pertaining to administrative efficiencies 44 18 that may be gained by the coordination of transit management 44 19 and maintenance systems in the areas of school transportation, 44 20 public transit, and other forms of public transportation. The 44 21 report shall be provided to the general assembly by December 44 22 31, 2003. 44 23 Sec. 92. SUPPLEMENTAL PAYMENT ADJUSTMENTS FOR PHYSICIAN 44 24 SERVICES. To the extent that, pursuant to law enacted by the 44 25 Eightieth General Assembly, 2003 Session, supplemental payment 44 26 adjustments are implemented for physician services provided to 44 27 medical assistance program participants at publicly owned 44 28 acute care hospitals, the department of human services shall 44 29 not, directly or indirectly, recoup the supplemental payment 44 30 adjustments for any reason, unless an amount equivalent to the 44 31 amount of adjustment funds that were transferred to the 44 32 department by the state university of Iowa college of medicine 44 33 is transferred by the department to the qualifying physicians. 44 34 Sec. 93. UTILITIES BOARD REVIEW. The utilities board 44 35 shall initiate and coordinate a review of current ratemaking 45 1 procedures to determine whether different procedures would be 45 2 cost-effective and would result in rates that more accurately 45 3 reflect a utility's cost of providing service to its customers 45 4 in Iowa. The board shall allow the consumer advocate division 45 5 of the department of justice, the rate-regulated utilities, 45 6 and other interested persons to participate in its review. 45 7 The board shall report the results of its review to the 45 8 general assembly, with recommendations as appropriate, on or 45 9 before January 5, 2004. 45 10 Sec. 94. SEVERABILITY. 45 11 1. If this entire Act or any portion of section 453C.2, 45 12 subsection 2, paragraph "b", subparagraph (2), as amended in 45 13 this Act, is held by a court of competent jurisdiction to be 45 14 unconstitutional, section 453C.2, subsection 2, paragraph "b", 45 15 subparagraph (2), is repealed in its entirety. 45 16 2. If section 453C.2, subsection 2, paragraph "b", 45 17 subparagraph (2), is repealed pursuant to subsection 1 and a 45 18 court of competent jurisdiction subsequently finds that 45 19 section 453C.2, subsection 2, paragraph "b", is 45 20 unconstitutional due to such repeal, section 453C.2, 45 21 subsection 2, paragraph "b", subparagraph (2), Code 2003, 45 22 shall be restored. 45 23 3. Any holding of unconstitutionality or any repeal of 45 24 section 453C.2, subsection 2, paragraph "b", subparagraph (2), 45 25 as amended in this Act, or of section 453C.2, subsection 2, 45 26 paragraph "b", subparagraph (2), Code 2003, shall not affect, 45 27 impair, or invalidate any other portion of section 453C.2 or 45 28 the application of that section to any other person or 45 29 circumstance, and the remaining portions of section 453C.2, 45 30 shall continue in full force and effect. 45 31 Sec. 95. FEDERAL HOUSING MONEYS. Any federal moneys 45 32 received by the department of economic development for the 45 33 community development block grant program that are allocated 45 34 for housing and any federal moneys received for the HOME 45 35 investment partnership program shall be coordinated with 46 1 projects within the housing trust fund established in section 46 2 16.181, if enacted. 46 3 Sec. 96. CODE EDITOR DIRECTIVE. The Code editor shall 46 4 change the name of the department of public defense, emergency 46 5 management division, to the department of public defense, 46 6 homeland security and emergency management division, in 46 7 chapter 29C and elsewhere throughout the Code, including 46 8 references to the division made in law enacted by the 46 9 Eightieth General Assembly, 2003 Regular Session and other 46 10 enactments. 46 11 Sec. 97. EFFECTIVE DATES. The following provisions of 46 12 this division of this Act, being deemed of immediate 46 13 importance, take effect upon enactment: 46 14 1. The amendment to section 12E.12. 46 15 2. The amendment to section 15E.193B. 46 16 3. The amendment to section 435.26A. 46 17 4. The amendment to section 453A.2, which shall only take 46 18 effect if 2003 Iowa Acts, Senate File 401, is enacted by the 46 19 Eightieth General Assembly, 2003 Regular Session. 46 20 5. The amendments to sections 453C.1 and 453C.2 and the 46 21 related severability provision. 46 22 6. The section directing the department of corrections to 46 23 develop a plan for selling certain land. 46 24 7. The section relating to the sales and use tax refund. 46 25 8. The section relating to the school district 46 26 reimbursement claim. 46 27 9. Section 29C.8, subsection 3, paragraph "f", as enacted 46 28 in this division of this Act, and the amendment to section 46 29 29C.20, subsection 1, as enacted in this division of this Act, 46 30 take effect July 1, 2004. 46 31 DIVISION VIII 46 32 MEDICAL ASSISTANCE PROGRAM 46 33 Sec. 98. Section 135C.31A, if enacted by 2003 Iowa Acts, 46 34 House File 619, section 2, is amended to read as follows: 46 35 135C.31A ASSESSMENT OF RESIDENTS – PROGRAM ELIGIBILITY. 47 1 Beginning July 1, 2003, a health care facility receiving 47 2 reimbursement through the medical assistance program under 47 3 chapter 249A shall assist the Iowa commission of veterans 47 4 affairs indetermining, prior to the initialidentifying, upon 47 5 admission of a resident, theprospectiveresident's 47 6 eligibility for benefits through the federal department of 47 7 veterans affairs. The health care facility shall also assist 47 8 the Iowa commission of veterans affairs in determining such 47 9 eligibility for residents residing in the facility on July 1, 47 10 2003. The department of inspections and appeals, in 47 11 cooperation with the department of human services, shall adopt 47 12 rules to administer this section, including a provision that 47 13 ensures that if a resident is eligible for benefits through 47 14 the federal department of veterans affairs or other third- 47 15 party payor, the payor of last resort for reimbursement to the 47 16 health care facility is the medical assistance program. This 47 17 section shall not apply to the admission of an individual to a 47 18 state mental health institute for acute psychiatric care. 47 19 Sec. 99. Section 249A.20A, if enacted by 2003 Iowa Acts, 47 20 House File 619, section 3, is amended by adding the following 47 21 new subsection: 47 22 NEW SUBSECTION. 5A. The department shall adopt rules to 47 23 provide a procedure under which the department and the 47 24 pharmaceutical and therapeutics committee may disclose 47 25 information relating to the prices manufacturers or 47 26 wholesalers charge for pharmaceuticals. The procedures 47 27 established shall comply with 42 U.S.C. } 1396r-8 and with 47 28 chapter 550. 47 29 Sec. 100. Section 249A.20B, if enacted by 2003 Iowa Acts, 47 30 House File 619, section 4, is amended by adding the following 47 31 new subsection: 47 32 NEW SUBSECTION. 5A. The department of human services 47 33 shall provide a reimbursement to nursing facilities under this 47 34 section. The reimbursement amount shall be calculated as a 47 35 per patient day amount and shall be paid to nursing facilities 48 1 in addition to the reimbursement payment specified in 2001 48 2 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 48 3 "c". 48 4 Sec. 101. 2003 Iowa Acts, House File 619, section 5, if 48 5 enacted, is amended by striking the section and inserting in 48 6 lieu thereof the following: 48 7 SEC. 5. CASE MANAGEMENT PROGRAM FOR FRAIL ELDERS. 48 8 1. The general assembly finds that the existing case 48 9 management program for frail elders administered by the 48 10 department of elder affairs is an important component of the 48 11 long-term care system in this state. The program emphasizes 48 12 the independence and dignity of the individual while providing 48 13 services in a cost-effective manner. 48 14 2. The purposes of the case management program for frail 48 15 elders include all of the following: 48 16 a. To provide planning, policy development, coordination, 48 17 and administrative oversight. 48 18 b. To provide assistance in the form of assessment and 48 19 care coordination under circumstances in which an elder or the 48 20 elder's caregiver is experiencing diminished functional 48 21 capacity or other conditions that require the provision of 48 22 services by professional service providers. 48 23 c. To maintain a system that focuses on the delivery of 48 24 home and community-based services that emphasize individual 48 25 independence, individual needs and desires, and consumer- 48 26 driven quality of services. 48 27 3. It is the intent of the general assembly that the 48 28 department of elder affairs in collaboration with the 48 29 department of human services, area agencies on aging, advocacy 48 30 groups, industry representatives, and consumers submit 48 31 recommendations to the general assembly by October 1, 2003, 48 32 regarding the redesigning of the case management program for 48 33 the frail elderly including preadmission screening 48 34 methodologies, level of care determinations and ongoing 48 35 methodologies for the coordination, provision, and delivery of 49 1 home and community-based services. 49 2 4. It is also the intent of the general assembly that the 49 3 department of elder affairs and the department of human 49 4 services coordinate efforts to resolve issues relating to 49 5 level of care determinations no later than October 1, 2003. 49 6 Sec. 102. 2003 Iowa Acts, House File 619, section 9, if 49 7 enacted, is amended to read as follows: 49 8 SEC. 9. NURSING FACILITY REIMBURSEMENT. Notwithstanding 49 9 2001 Iowa Acts, chapter 192, section 4, subsection 2, 49 10 paragraph "c", and subsection 3, paragraph "a", subparagraph 49 11 (2), if projected state fund expenditures for reimbursement of 49 12 nursing facilities for the fiscal year beginning July 1, 2003, 49 13 in accordance with the reimbursement rate specified in 2001 49 14 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 49 15 "c",exceedsexceed $147,252,856, the department shall adjust 49 16 the inflation factor of the reimbursement rate calculation to 49 17 provide reimbursement within the amountprojectedspecified in 49 18 this section. The department, in consultation with nursing 49 19 facility representatives, shall review the projections on a 49 20 quarterly basis to determine if an interim adjustment is 49 21 necessary in order to provide reimbursement within the amount 49 22 specified in this section. In reviewing the projections, the 49 23 department shall consider the savings from the reduction in 49 24 bed hold payments, elimination of crossover claims, and 49 25 increases in Medicare part A utilization. 49 26 Sec. 103. 2003 Iowa Acts, House File 619, section 12, 49 27 subsections 2 and 3, if enacted, are amended to read as 49 28 follows: 49 29 2. The department of human services, in cooperation with 49 30 the department's fiscal agent and in consultation with a 49 31 chronic caremanagement resource groupconsortium, shall 49 32 profile medical assistance recipients within a select number 49 33 of disease diagnosis categories. The assessment shall focus 49 34 on those diagnosis areas that present the greatest opportunity 49 35 for impact to improved care and cost reduction. 50 1 3. The department of human services, in consultation with 50 2 a chronic caremanagement resource groupconsortium, shall 50 3 conduct a chronic disease management pilot project for a 50 4 select number of individuals who are participants in the 50 5 medical assistance program. The project shall focus on a 50 6 select number of chronic diseases which may include congestive 50 7 heart failure, diabetes, and asthma. The initial pilot 50 8 project shall be implemented by October 1, 2003. 50 9 Sec. 104. 2003 Iowa Acts, House File 619, section 12, 50 10 subsection 4, if enacted, is amended by striking the 50 11 subsection and inserting in lieu thereof the following: 50 12 4. The department of human services may procure a sole 50 13 source contract with a vendor to manage individuals with 50 14 select chronic diseases following the conclusion of the 50 15 profiling of medical assistance recipients. The management of 50 16 chronic diseases for individuals under this subsection may be 50 17 coordinated with the pilot project established in subsection 50 18 3. 50 19 Sec. 105. 2002 Iowa Acts, Second Extraordinary Session, 50 20 chapter 1003, section 110, is amended by adding the following 50 21 new paragraph: 50 22 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, up 50 23 to $2,400,000 of the funds appropriated in this section that 50 24 remain unencumbered or unobligated at the close of the fiscal 50 25 year shall not revert but shall remain available in the 50 26 succeeding fiscal year to be used for additional field 50 27 operations, full-time equivalent positions and general 50 28 administration. Four hundred thousand dollars of this amount 50 29 shall be used for eight full-time equivalent positions to 50 30 provide a case manager in each of the judicial districts to 50 31 provide coordination of services for families that have a 50 32 history of methamphetamine abuse and $400,000 of this amount 50 33 shall be used for general administration. 50 34 Sec. 106. VETERANS – DIRECTIVE. The commission of 50 35 veterans affairs shall work with the commandant of the Iowa 51 1 veterans home, the department of human services, and the 51 2 department of inspections and appeals to identify the 51 3 residents of health care facilities who may be eligible for 51 4 benefits through the federal department of veterans affairs 51 5 pursuant to section 135C.31A, if enacted by 2003 Iowa Acts, 51 6 House File 619. 51 7 Sec. 107. The section of this division of this Act 51 8 amending 2002 Iowa Acts, Second Extraordinary Session, chapter 51 9 1003, section 110, relating to certain federal temporary 51 10 assistance for needy families block grant funding, takes 51 11 effect upon enactment. 51 12 EXPLANATION 51 13 This bill relates to public expenditure and regulatory 51 14 matters. 51 15 MH/MR/DD ALLOWABLE GROWTH – This division appropriates 51 16 funding for county mental health, mental retardation, and 51 17 developmental disabilities services allowed growth for fiscal 51 18 year 2004-2005. 51 19 STANDING APPROPRIATIONS – REDUCTIONS – This division 51 20 applies reductions to standing appropriations for the general 51 21 assembly, at-risk children programs, public transit 51 22 assistance, and educational excellence program. 51 23 The division includes an appropriation from the cash 51 24 reserve fund to the rebuild Iowa infrastructure fund and law 51 25 is made inapplicable that would otherwise require that the 51 26 reason for the appropriation be stated, that the appropriation 51 27 be the only subject of the bill, and that the bill receive a 51 28 supermajority vote if the appropriation caused the fund 51 29 balance to drop below a certain level. This appropriation 51 30 takes effect upon enactment. In addition, the division 51 31 reduces a standing appropriation from the rebuild Iowa 51 32 infrastructure fund to the environment first fund for fiscal 51 33 year 2002-2003, and this reduction takes effect upon 51 34 enactment. 51 35 STANDING APPROPRIATIONS – LIMITATIONS – This division 52 1 applies limitations to standing appropriations for 52 2 compensation of military personnel, nonpublic school 52 3 transportation, printing of cigarette tax stamps, state share 52 4 of peace officers' retirement benefits, livestock production 52 5 credit refunds, reimbursement of homestead property tax 52 6 credits, reimbursement of agricultural land and family farm 52 7 tax credits, military service tax credits, state unemployment 52 8 compensation expenses, interest costs under the federal Cash 52 9 Management and Improvement Act, the state's deferred 52 10 compensation program, and elderly and disabled credits. 52 11 REVENUE ADJUSTMENTS – APPROPRIATIONS – This division 52 12 provides revenue adjustments and appropriations. The division 52 13 provides for FY 2003-2004 that the interest and earnings from 52 14 the Iowa economic emergency fund and the cash reserve fund 52 15 will be credited to the general fund of the state instead of 52 16 the rebuild Iowa infrastructure fund as provided in Code 52 17 sections 8.55 and 8.56. For FY 2003-2004, the unexpended 52 18 balances of state general fund operational appropriations will 52 19 revert to the state general fund instead of remaining with 52 20 agencies for use for training and technology purposes as 52 21 provided in Code section 8.62. 52 22 Moneys collected from the income tax checkoff for the keep 52 23 Iowa beautiful fund in FY 2002-2003 and 2003-2004 are 52 24 appropriated to the state department of transportation for the 52 25 purposes provided in Code section 314.28 of education for 52 26 litter prevention, improving waste management and recycling 52 27 efforts, and beautification projects. 52 28 Of the $70 million in gambling revenues that the law 52 29 provides will be deposited in the endowment for Iowa's health 52 30 account of the tobacco settlement trust fund, the division 52 31 provides that $20 million will instead be deposited in the 52 32 general fund of the state. 52 33 The division provides an appropriation to the Iowa 52 34 department of economic development for assistance to a city or 52 35 organization hosting the national junior olympics. 53 1 Code section 8.55, relating to the Iowa economic emergency 53 2 fund, includes provisions making transfers when the fund has 53 3 reached its maximum balance. The standing limited transfer to 53 4 the senior living trust fund is increased to $118 million. 53 5 The division delays by one year the effective date of a 53 6 change in the maximum balances of the cash reserve and Iowa 53 7 economic emergency funds. Current law provides that effective 53 8 July 1, 2003, the maximum balances of the two reserve funds 53 9 will change from each at 5 percent of the adjusted revenue 53 10 estimate to the cash reserve at 7.5 percent and the Iowa 53 11 economic emergency fund at 2.5 percent. The bill delays this 53 12 change until July 1, 2004. 53 13 For fiscal year 2003-2004 the maximum amount of job credits 53 14 for the accelerated career education program under Code 53 15 section 260G.4B is decreased from $6 million to $4 million. 53 16 The division eliminates a standing appropriation from the 53 17 general fund to the endowment for Iowa's health account for 53 18 fiscal year 2003-2004. 53 19 The bill appropriates to the department of workforce 53 20 development moneys transferred to the state from the federal 53 21 government under the federal Social Security Act. The moneys 53 22 are to be used for payment of unemployment compensation 53 23 benefits and for establishing the unemployment compensation 53 24 reserve fund created by the division in Code section 96.9; for 53 25 purposes of automation and technology for the unemployment tax 53 26 and claims system; and for infrastructure improvements and 53 27 other costs associated with enhanced services to unemployment 53 28 benefit claimants for workforce and labor exchange services. 53 29 The provisions creating the reserve fund also provide for 53 30 receipt of reserve contributions if the fund balance falls 53 31 below a certain level. 53 32 The fiscal year 2002-2003 appropriation to the state racing 53 33 and gaming commission for purposes of racetrack regulation is 53 34 increased. 53 35 COMPENSATION AND BENEFITS – This division relates to 54 1 compensation and benefits paid to state employees. The 54 2 division appropriates moneys for the fiscal year beginning 54 3 July 1, 2003, to fund salary adjustments for certain contract 54 4 and noncontract employees. 54 5 The state board of regents is specifically allocated 54 6 appropriations to fund increases to employees at the state 54 7 school for the deaf and the Iowa braille and sight saving 54 8 school and is to use other sources to fund other employee 54 9 increases. 54 10 The division also provides supplemental authorization to 54 11 fund salaries from trust, revolving, and special funds for 54 12 which the general assembly has established a budget. 54 13 State trooper meal allowances are provided for and a salary 54 14 model coordinator is funded to maintain the state's salary 54 15 model in conjunction with the legislative fiscal bureau. 54 16 CORRECTIVE PROVISIONS – This division provides corrective 54 17 amendments to legislation passed in the Eightieth General 54 18 Assembly, 2003 Regular Session. 54 19 Code section 8A.202, if enacted in House File 534, which 54 20 relates to information technology services to be provided by 54 21 the newly created department of administrative services, is 54 22 amended to incorporate language dealing with electronic agency 54 23 reports which conforms to the new Code chapter on state 54 24 archives and records enacted in House File 648. A redundant 54 25 section of House File 648, which amends a Code chapter 54 26 repealed in House File 534, is repealed. 54 27 Code section 99E.9, as amended in 2003 Iowa Acts, House 54 28 File 171, is amended to correctly refer to national criminal 54 29 history checks, to conform to other references to those checks 54 30 in House File 171. 54 31 Code sections 135.150 and 135.154, enacted in House File 54 32 396, are amended to correct the name of the director of public 54 33 health and to specify the division of a Code chapter rather 54 34 than the division of a state agency. 54 35 New section 170.6(1), if enacted by House File 624, is 55 1 amended to provide that failure of a landowner to notify or 55 2 provide access to the department of agriculture and land 55 3 stewardship before first releasing whitetail deer on the land 55 4 is cause for suspension or revocation of certificate to keep 55 5 whitetail deer as farm deer. House File 624 in another 55 6 section requires notification and access to be given to the 55 7 department. 55 8 Amendments to Code sections 232.71B, 235B.3, and 692A.13, 55 9 if enacted by 2003 Iowa Acts, House File 558, are amended to 55 10 insert the word "adult" in order to correct references to the 55 11 dependent adult abuse registry. 55 12 Code section 304B.3, if enacted in House File 648, which 55 13 relates to the membership of the state records commission, is 55 14 amended to conform to the changes made in House File 534 with 55 15 respect to the directors of the newly created department of 55 16 administrative services and other state agencies. 55 17 Code section 356.7(1), as amended by 2003 Iowa Acts, House 55 18 File 650, is amended to correct a grammatical error. 55 19 Code section 459.401(2)(a)(3A), if enacted by House File 55 20 644, is amended to correct an internal reference to another 55 21 Code section. 55 22 Code section 505A.1, as enacted in 2003 Iowa Acts, House 55 23 File 647, is amended to insert a missing preposition before an 55 24 internal reference. 55 25 Code section 508.31A, as amended in 2003 Iowa Acts, House 55 26 File 647, is amended to correct an internal reference to 55 27 another paragraph of the Code section. 55 28 Code section 901.5, as amended by 2003 Iowa Acts, House 55 29 File 404, and relating to the scheduling of a contempt 55 30 proceeding for violation of a no-contact order in a criminal 55 31 case, is amended to make a reference to five days consistent 55 32 with another provision in the same legislation. 55 33 A corrective section of Senate File 155, the substantive 55 34 Code editor's bill, which amends Code section 49.71 relating 55 35 to the discontinuance of instructional cards for voters, is 56 1 repealed if 2003 Iowa Acts, House File 614, which more 56 2 thoroughly amends and updates Code section 49.71, is enacted. 56 3 2003 Iowa Acts, Senate File 155, one of the Code editor's 56 4 bills, is amended to repeal section 56 of that bill which 56 5 contains a corrective reference in Code section 237A.29 to a 56 6 child care provider suspension sanction. The repeal is in 56 7 favor of an amendment to the same Code section by 2003 Iowa 56 8 Acts, Senate File 351, which substantively rewrites the child 56 9 care provider sanctions in that Code section. 56 10 The amendment to Code section 56.5 in 2003 Iowa Acts, House 56 11 File 601, is corrected by specifying that only paragraph "d" 56 12 of subsection 2 is stricken. 56 13 House File 624, section 22, if enacted, is corrected to 56 14 clarify that it is the fence which encloses farm deer on the 56 15 effective date of House File 624 that is deemed to comply with 56 16 the construction requirements of the bill. 56 17 MISCELLANEOUS PROVISIONS – This division provides 56 18 miscellaneous provisions. 56 19 The division amends Code sections 12B.10 and 12B.10A, 56 20 relating to public funds investment standards and public funds 56 21 investment maturity and procedural limitations, to provide 56 22 that the short-term investments of the state board and 56 23 institutions under the control of the state board of regents 56 24 cannot have an effective maturity in excess of 63 months. 56 25 The division amends Code section 12E.12(8) to allow the 56 26 issuing agency of refunding bonds for tobacco settlement 56 27 authority bonds, which cannot be used for such refunding, to 56 28 be used for capital infrastructure improvements at the issuing 56 29 agency. This provision takes effect upon enactment. 56 30 Code section 15E.193B(4) is amended to allow the department 56 31 of economic development to extend the two-year completion 56 32 period for tax credits for housing projects in enterprise 56 33 zones if completion of the project is impossible because of 56 34 substantial loss due to a catastrophe. "Substantial loss" 56 35 means at least 30 percent of the project's eligible basis. 57 1 This amendment takes effect upon enactment. 57 2 The division creates a new Code section 16.181 that 57 3 establishes a housing trust fund to be administered by the 57 4 Iowa finance authority. The fund shall be used for the 57 5 development and preservation of affordable housing for low- 57 6 income people in the state. The new Code section provides 57 7 that assets in the housing trust fund shall consist of all of 57 8 the following: 57 9 1. Any assets received by the authority from the Iowa 57 10 housing corporation. 57 11 2. Any moneys transferred by the authority for deposit in 57 12 the housing trust fund. 57 13 3. Any other moneys appropriated by the general assembly 57 14 and any other moneys available to and obtained or accepted by 57 15 the authority for placement in the housing trust fund. 57 16 The new Code section also creates a local housing trust 57 17 fund program and a project-based housing program within the 57 18 housing trust fund. 57 19 The new Code section provides that 60 percent of the assets 57 20 in the housing trust fund shall be allocated to the local 57 21 housing trust fund program and 40 percent of the assets are 57 22 allocated to the project-based housing program. Any assets 57 23 remaining in the local housing trust fund program on April 1 57 24 of each fiscal year which have not been awarded to a local 57 25 housing trust fund may be transferred to the project-based 57 26 housing program at any time prior to the end of the fiscal 57 27 year. 57 28 The division amends Code section 25.1 to provide that the 57 29 state appeal board shall no longer consider claims for vehicle 57 30 registration fee refunds. Such refunds are obtained by 57 31 application to the state department of transportation in 57 32 certain circumstances when a vehicle is sold, transferred, or 57 33 junked. 57 34 Code section 28.9, relating to the school ready children 57 35 grants account of the Iowa empowerment fund, is amended to 58 1 require the distribution formula used for the grants to 58 2 incorporate certain performance components. 58 3 The division amends Code section 29C.8 by requiring the 58 4 administrator of the emergency management division of the 58 5 department of public defense, effective July 1, 2004, to 58 6 approve and support the development and ongoing operations of 58 7 an urban search and rescue team within the state. Members of 58 8 the team when acting under the direction of the administrator 58 9 or pursuant to a governor's disaster proclamation are 58 10 considered employees of the state and shall be compensated for 58 11 disability, workers' compensation, and death benefits as 58 12 appropriate. The administrator of the emergency management 58 13 division of the department of public defense must also 58 14 develop, implement, and support a uniform incident command 58 15 system to be used by state agencies responding to emergencies 58 16 and disasters beginning July 1, 2003. A related change is 58 17 made to Code section 29C.20, pertaining to a contingent fund 58 18 governed by the executive council for use in responding to 58 19 disasters and other emergencies, to authorize payment of 58 20 expenses and claims from the fund beginning July 1, 2004, for 58 21 authorized urban search and rescue team activities. 58 22 The division amends section 99G.40(1), if enacted by Senate 58 23 File 453, to authorize the auditor of state to perform audits 58 24 on the records and papers of the Iowa lottery authority which 58 25 is created in that bill. 58 26 Code sections 260C.14, 261.9, and 262.9 are amended to 58 27 require community colleges, private colleges, or universities 58 28 under Iowa's tuition grant program, and the board of regents 58 29 universities to offer options to students who are members of 58 30 the national guard or military reserves and are called to 58 31 active state or federal duty. These options include the 58 32 withdrawal from registration with a full refund of tuition and 58 33 fees, course grades be given or incomplete grades be given to 58 34 be made up later for all of the courses, or course grades be 58 35 given or incomplete grades be given to be made up later for 59 1 only some of the courses. 59 2 Code section 284.13(1) is amended to revive the allocation 59 3 for the team-based variable pay program administered by the 59 4 department of education during the 2001-2002 fiscal year by 59 5 providing a $500,000 allocation from the appropriation for the 59 6 student achievement and teacher quality program for each 59 7 fiscal year of the fiscal period beginning July 1, 2003, and 59 8 ending June 30, 2005. 59 9 Code section 294A.25(6)-(10) is amended by striking 59 10 references to phase III in standing Code language that 59 11 provides for the allocation of educational excellence moneys 59 12 to the department of education; striking the subsection used 59 13 to allocate moneys in prior years for the ambassador to 59 14 education program, which in FY 2003-2004 is funded from a 59 15 student achievement and teacher quality program allocation; 59 16 and striking the subsection used to allocate moneys in prior 59 17 years for purposes of the Iowa mathematics and science 59 18 coalition. The amendments provide that the allocations for 59 19 the kindergarten through grade 12 management information 59 20 system and for the Iowa braille and sight saving school and 59 21 the Iowa state school for the deaf will be made prior to the 59 22 allocations provided to meet the minimum teacher salary 59 23 requirements and salary improvement requirements of Code 59 24 chapter 294A. 59 25 The division amends Code sections 321J.2, 321J.4, and 59 26 321J.12, as amended by 2003 Iowa Acts, House File 65, to 59 27 provide that a defendant who has been convicted of a first 59 28 offense operating-while-intoxicated offense whose driver's 59 29 license or nonresident operating privileges have been revoked 59 30 and who seeks a temporary restricted license must install an 59 31 approved ignition interlock device on all vehicles owned or 59 32 operated by the defendant. This requirement also applies to a 59 33 defendant whose driver's license or nonresident operating 59 34 privileges have been revoked administratively due to chemical 59 35 test failure. 60 1 Code section 331.604C(4), if enacted by Senate File 453, is 60 2 amended to change the name of the fund to which locally 60 3 collected electronic transaction fees are deposited for 60 4 purposes of providing electronic access to local records from 60 5 the "state government electronic transaction" fund to the 60 6 "local electronic government transaction" fund. 60 7 Code section 422.45 is amended to add a new subsection 64 60 8 that exempts from the sales and use taxes the access or 60 9 service charges assessed by financial institutions on 60 10 noncustomer point of sale or noncustomer use of automated 60 11 teller machines. 60 12 Code section 435.26A, as enacted by 2003 Iowa Acts, Senate 60 13 File 134, is amended to require certain information be 60 14 provided when the certificate of title for a manufactured home 60 15 has been surrendered. The amendment also provides for the 60 16 procedure for the reissuance of a previously surrendered 60 17 certificate of title for a manufactured home. The amendments 60 18 are effective upon enactment. 60 19 Code sections 453C.1 and 453C.2 are amended to allow 60 20 cigarette manufacturers that are not members of the master 60 21 settlement agreement and that are required to place moneys 60 22 into escrow on account for cigarettes to be sold in the state 60 23 to receive a refund of any excess escrow amounts remitted 60 24 because of fewer cigarettes sold than anticipated. The 60 25 amendments take effect upon enactment. 60 26 Code section 476.33 is amended to require the utilities 60 27 board to consider for inclusion in the rates for public 60 28 utilities the capital infrastructure investments that will not 60 29 produce significant revenues and will be in service within the 60 30 test year and the cost of capital charges that will occur 60 31 within nine months following the test year which are 60 32 associated with a new generating plant. The utilities board 60 33 is also directed to initiate and coordinate a review of 60 34 current ratemaking procedures. 60 35 The division provides that if Senate File 401, relating to 61 1 tobacco law compliance is enacted, a tobacco compliance 61 2 employee training fund is created in Code section 453A.2 61 3 consisting of the civil penalties charged for violations of 61 4 the law for sales to underage purchasers. Moneys in the fund 61 5 are appropriated to the alcoholic beverages division of the 61 6 department of commerce for the tobacco compliance employee 61 7 training program created in Senate File 401. This provision 61 8 takes effect upon enactment. 61 9 Code section 455D.9 is amended to provide an exception to 61 10 the prohibition on the land disposal of yard waste if the yard 61 11 waste is accepted by a sanitary landfill that operates an 61 12 active methane collection system for the purpose of producing 61 13 electricity. 61 14 The division amends Senate File 453, section 49, if 61 15 enacted, which directs the department of human services to 61 16 create a work group for the redesign of the medical assistance 61 17 program. The amendment would add members of the medical 61 18 assistance advisory council to the work group. The medical 61 19 assistance advisory council participants will bring valuable 61 20 expertise in each specialized field or industry that would not 61 21 be available if the insurance industry is the only stakeholder 61 22 at the table. 61 23 The division repeals the following Code sections, involving 61 24 programs at Iowa state university of science and technology: 61 25 Code section 266.8, relating to hazardous waste technical 61 26 research and assistance program, and Code sections 266.24, 61 27 266.25, and 266.26, relating to the laboratory for the 61 28 manufacture and distribution of hog-cholera serum, toxins, 61 29 vaccines, and biological products. 61 30 The division directs the state committee, if one is formed, 61 31 to implement the federal Help America Vote Act and the 61 32 commissioner of elections to report quarterly to the 61 33 government oversight committees on the status of 61 34 implementation of the federal Act. 61 35 The division directs the department of corrections to 62 1 develop a plan to sell to a municipality a 20-acre tract of 62 2 undeveloped land located adjacent to the Iowa correctional 62 3 institution for women. Net proceeds of the sale are to be 62 4 retained by the department to be used for correctional 62 5 facilities. This provision takes effect upon enactment. 62 6 The division allows a city meeting certain population 62 7 criteria to make application for refund of sales or use tax 62 8 paid relative to street and sewer construction projects and 62 9 for the application to be considered to be timely filed, 62 10 notwithstanding the one-year application period, if it is 62 11 filed by August 1, 2003. Any refund paid cannot exceed 62 12 $15,000. This provision takes effect upon enactment. 62 13 The division allows a school district located in a county 62 14 with a certain population to refile for state reimbursement 62 15 for costs for providing vocational education programs at the 62 16 secondary level in its district. The amount of reimbursement 62 17 is limited to 6.5 percent of the costs and to $6,000 minus any 62 18 amount previously received from a prior claim for 62 19 reimbursement of those costs. 62 20 The division also directs the state department of 62 21 transportation to conduct a study pertaining to administrative 62 22 efficiencies to be gained in coordination of school and public 62 23 transportation. A report must be filed by the end of the 2003 62 24 calendar year. 62 25 The division includes language providing that if 62 26 supplemental payment adjustments are implemented for physician 62 27 services provided to medical assistance (Medicaid) program 62 28 recipients at publicly owned acute care teaching hospitals, 62 29 the department of human services cannot recoup the adjustments 62 30 unless an amount is transferred by the department to the 62 31 qualifying physicians that is equivalent to the amount 62 32 transferred by the state university of Iowa to the department. 62 33 The division provides for coordination of federal moneys 62 34 with the projects of the housing trust fund created in this 62 35 division of the bill. 63 1 The division requires the Iowa Code editor to change the 63 2 name of the emergency management division of the department of 63 3 public defense to the homeland security and emergency 63 4 management division. 63 5 MEDICAL ASSISTANCE PROGRAM – This division amends House 63 6 File 619 to direct health care facilities to assist the Iowa 63 7 commission of veterans affairs in identifying residents that 63 8 may be eligible for rather than actually determining a 63 9 resident's eligibility for benefits through the federal 63 10 department of veterans affairs. 63 11 The division adds a new subsection 5A to new Code section 63 12 249A.20A, if enacted by House File 619, that directs the 63 13 department of human services to adopt rules for disclosure of 63 14 certain information under the medical assistance preferred 63 15 drug list program to be developed by the department of human 63 16 services. 63 17 The division amends Code section 249A.20B, if enacted by 63 18 House File 619, to provide that under the nursing facility 63 19 quality assurance assessment, the department of human services 63 20 is to provide a reimbursement to nursing facilities and is to 63 21 calculate the amount of the reimbursement as a per patient day 63 22 amount and pay this amount in addition to the existing 63 23 reimbursement amount under the case-mix reimbursement rate. 63 24 The division replaces language in House File 619 relating 63 25 to the case management program for the frail elderly to 63 26 provide that it is the intent of the general assembly that the 63 27 department of elder affairs in collaboration with the 63 28 department of human services, area agencies on aging, advocacy 63 29 groups, industry representatives, and consumers to submit 63 30 recommendations regarding the redesign of the program to the 63 31 general assembly by October 1, 2003. The new language also 63 32 provides that it is the intent of the general assembly that 63 33 the department of elder affairs and the department of human 63 34 services coordinate efforts to resolve issues relating to 63 35 level of care determinations no later than October 1, 2003. 64 1 The division amends House File 619 to provide that with 64 2 regard to the nursing facility reimbursement, the department 64 3 of human services, in consultation with nursing facility 64 4 representatives is to review projections of state general fund 64 5 expenditures for nursing facility reimbursement on a quarterly 64 6 basis and is to consider savings from other nursing facility 64 7 payment policy changes in the review. 64 8 The division also amends 2003 Iowa Acts, House File 619, 64 9 relating to chronic care management, to correct references and 64 10 to provide for contracting for provision of chronic disease 64 11 management. 64 12 The division provides for use of a portion of the temporary 64 13 assistance for needy families moneys carried forward from FY 64 14 2002-2003, and to direct the commission of veterans affairs to 64 15 work with the commandant of the Iowa veterans home, the 64 16 department of human services, and the department of 64 17 inspections and appeals to identify residents of health care 64 18 facilities who may be eligible for benefits through the 64 19 federal department of veterans affairs. 64 20 LSB 1133HV 80 64 21 mg/sh/8
Text: HF00699 Text: HF00701 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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