Text: S05382 Text: S05384 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2298, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, line 12, by striking the figure 1 4 "4,564,351" and inserting the following: "4,616,351". 1 5 #2. Page 2, line 27, by striking the words "For 1 6 start-up", and inserting the following: 1 7 "a. If 2004 Iowa Acts, House File 2482 is not 1 8 enacted, then for start-up". 1 9 #3. Page 2, line 31, by striking the word 1 10 "Notwithstanding", and inserting the following: "For 1 11 purposes of this lettered paragraph and 1 12 notwithstanding". 1 13 #4. Page 2, by inserting after line 35 the 1 14 following: 1 15 "b. If 2004 Iowa Acts, House File 2482 is enacted, 1 16 then for start-up funding for revolving funds under 1 17 the control of the department of administrative 1 18 services and for salaries, support, maintenance, and 1 19 miscellaneous purposes: 1 20 .................................................. $ 1,889,610 1 21 For purposes of this lettered paragraph and 1 22 notwithstanding any provision of this section to the 1 23 contrary, the department of administrative services 1 24 shall deposit $1,889,610 in the general fund of the 1 25 state from moneys in departmental revolving funds and 1 26 internal service funds at the end of the fiscal year." 1 27 #5. Page 4, line 13, by striking the figure 1 28 "1,144,755" and inserting the following: "1,092,755". 1 29 #6. Page 6, by inserting after line 10 the 1 30 following: 1 31 "c. The insurance division shall allocate $10,000 1 32 from the examination receipts for the payment of its 1 33 fees to the national council of insurance 1 34 legislators." 1 35 #7. Page 7, by inserting after line 11, the 1 36 following: 1 37 "Sec. . ALCOHOLIC BEVERAGES DIVISION – STATE 1 38 LIQUOR WAREHOUSE FUNCTIONS. Notwithstanding sections 1 39 7J.1 and 123.20, subsection 4, and any other 1 40 applicable provision of law, the alcoholic beverages 1 41 division of the department of commerce shall not add 1 42 full-time equivalent positions for purposes of the 1 43 state assuming the state liquor warehouse functions 1 44 performed by a private contractor as of April 1, 2004. 1 45 The division shall issue a request for proposals or 1 46 otherwise utilize a competitive process to select a 1 47 successor private contractor to perform the state 1 48 liquor warehouse functions." 1 49 #8. Page 7, by inserting after line 11 the 1 50 following: 2 1 "Sec. . IOWA HEALTH INSURANCE VALUE INITIATIVE. 2 2 If 2004 Iowa Acts, House File 2521, is enacted, there 2 3 is appropriated from the general fund of the state to 2 4 the department of commerce for the fiscal year 2 5 beginning July 1, 2004, and ending June 30, 2005, the 2 6 following amount, or so much thereof as is necessary, 2 7 to be used for the purpose designated: 2 8 For the insurance division to conduct a study 2 9 regarding the costs of health insurance premiums for 2 10 businesses and individual customers in this state, in 2 11 accordance with 2004 Iowa Acts, House File 2521: 2 12 .................................................. $ 150,000" 2 13 #9. Page 12, line 13, by striking the figure 2 14 "1,752,780" and inserting the following: "1,952,780". 2 15 #10. Page 18, by inserting after line 6 the 2 16 following: 2 17 " . PROPERTY TAX IMPLEMENTATION COMMITTEE 2 18 To administer the property tax implementation 2 19 committee and to purchase data deemed necessary by the 2 20 committee: 2 21 .................................................. $ 50,000" 2 22 #11. Page 19, by inserting after line 22 the 2 23 following: 2 24 "Sec. . Section 10A.104, subsection 2, Code 2 25 Supplement 2003, is amended to read as follows: 2 26 2. Appoint the administrators of the divisions 2 27 within the department and all other personnel deemed 2 28 necessary for the administration of this chapter, 2 29 except the state public defender, assistant state 2 30 public defenders, administrator of the racing and 2 31 gaming commission, and members of the employment 2 32 appeal board, and administrator of the child advocacy2 33board created in section 237.16. All persons 2 34 appointed and employed in the department are covered 2 35 by the provisions of chapter 8A, subchapter IV, but 2 36 persons not appointed by the director are exempt from 2 37 the merit system provisions of chapter 8A, subchapter 2 38 IV. 2 39 Sec. . Section 237.18, subsection 5, Code 2 40 Supplement 2003, is amended to read as follows: 2 41 5. Employ appropriate staff, except for the state 2 42 board administrator, in accordance with available 2 43 funding. The board shall coordinate with the 2 44 department of inspections and appeals regarding 2 45 administrative functions of the board." 2 46 #12. Page 20, by inserting after line 34 the 2 47 following: 2 48 "Sec. . EFFECTIVE DATE. The section of this 2 49 division of this Act relating to the state liquor 2 50 warehouse functions, being deemed of immediate 3 1 importance, takes effect upon enactment." 3 2 #13. Page 28, line 15, by striking the figure 3 3 "5,784,500", and inserting the following: 3 4 "6,084,500". 3 5 #14. Page 29, by striking line 4 and inserting the 3 6 following: 3 7 ".................................................. $ 5,505,725" 3 8 #15. Page 29, line 10, by inserting after the word 3 9 "infrastructure" the following: "and through the use 3 10 of community cluster rural development". 3 11 #16. Page 34, by striking lines 33 and 34 and 3 12 inserting the following: 3 13 "................................................. $ 4,889,124 3 14 ............................................... FTEs 94.20" 3 15 #17. Page 35, line 9, by inserting after the word 3 16 "circumstances." the following: "Of the moneys 3 17 generated by the filing fee allowed under this 3 18 subsection, the first $225,000 is appropriated to the 3 19 department of workforce development to be used for 3 20 purposes of administering the division of workers' 3 21 compensation." 3 22 #18. Page 35, by striking lines 15 through 20. 3 23 #19. Page 37, by inserting after line 4 the 3 24 following: 3 25 "Sec. . Section 28E.35, Code 2003, is amended 3 26 to read as follows: 3 27 28E.35 DEFINITIONS. 3 28 As used in this division unless the context 3 29 otherwise requires: 3 30 1. "Community cluster" means a cooperative 3 31 community unit established pursuant to this chapter 3 32 for the joint exercise of powers by two or more 3 33 governmental units and for sharing one or more 3 34 governmental functions between two or more 3 35 governmental units participating in a community 3 36 cluster. 3 37 2. "Governing board" means the governing board of 3 38 a community cluster appointed pursuant to section 3 39 28E.37. 3 402.3. "Governmental unit" means a city, county, 3 41 township, school district, merged area as defined in 3 42 section 260C.2, or special taxing district. 3 43 4. "Shared governmental function" includes, but is 3 44 not limited to, joint delivery of services, joint 3 45 operation of facilities, joint development of 3 46 infrastructure, or joint fostering of economic 3 47 development. 3 48 Sec. . Section 28E.36, Code 2003, is amended to 3 49 read as follows: 3 50 28E.36 ESTABLISHMENT OF COMMUNITY CLUSTER. 4 1 Two or more governmental units located in the state 4 2 may, by resolution of each governmental unit, 4 3 establish a community clusterby entering into an4 4agreement for the joint exercise of powers pursuant to 4 5 this chapter to make more efficient use of their 4 6 resources by providing forjoint functions, services,4 7facilities, development of infrastructure and for4 8revenue sharing, and to foster economic development4 9 shared governmental functions between two or more of 4 10 the governmental units participating in the community 4 11 cluster. 4 12 A community cluster and its governing board shall 4 13 have all the rights, powers, duties, privileges, and 4 14 immunities of a governmental unit and governmental 4 15 unit governing body to the extent that such rights, 4 16 powers, duties, privileges, and immunities relate to 4 17 shared governmental functions of the governmental 4 18 units participating in the community cluster. A 4 19 community cluster and its governing board shall not 4 20 levy a tax unless specifically authorized by the 4 21 governing body of each participating governmental 4 22 unit. 4 23 Sec. . Section 28E.37, Code 2003, is amended by 4 24 striking the section and inserting in lieu thereof the 4 25 following: 4 26 28E.37 COMMUNITY CLUSTER GOVERNING BOARD. 4 27 The governing body of each governmental unit 4 28 participating in a community cluster shall appoint two 4 29 of its members to a community cluster governing board. 4 30 However, an alternative board composition may be 4 31 agreed upon by the participating governmental units. 4 32 A member of the governing board shall serve for two 4 33 years or until the member's term on the governing body 4 34 of the governmental unit expires, whichever is 4 35 earlier. A vacancy on the governing board shall be 4 36 filled in the same manner as the original appointment. 4 37 A member of the governing board shall not receive 4 38 compensation for service on the governing board. 4 39 Sec. . Section 28E.38, Code 2003, is amended by 4 40 striking the section and inserting in lieu thereof the 4 41 following: 4 42 28E.38 POWERS AND DUTIES OF GOVERNING BOARD – 4 43 EXISTING BONDED INDEBTEDNESS – TAXING AUTHORITY. 4 44 1. The governing board shall identify governmental 4 45 functions, services, facilities, development of 4 46 infrastructure, or economic development efforts that 4 47 will be shared or jointly provided or operated within 4 48 the community cluster. 4 49 2. The governing board shall establish an official 4 50 name for the community cluster. 5 1 3. The governing board may provide for the 5 2 transfer or other disposition of property and other 5 3 rights, claims, assets, and franchises as they relate 5 4 to a shared governmental function within the community 5 5 cluster. A governmental unit participating in a 5 6 community cluster may make donations of property, real 5 7 or personal, including gratuitous leases, to the 5 8 community cluster and the governing board as deemed 5 9 proper and appropriate in aiding the community cluster 5 10 and the governing board effectuate their purposes. 5 11 4. The governing board may provide for the 5 12 transfer, reorganization, abolition, adjustment, and 5 13 absorption or merger of existing boards, existing 5 14 subordinate service districts, local improvement 5 15 districts, and agencies of the participating 5 16 governmental units to the extent they relate to a 5 17 shared governmental function within the community 5 18 cluster. The authority provided in this subsection 5 19 does not include the authority to merge or consolidate 5 20 local governments as an alternative form of county 5 21 government or an alternative form of city government. 5 22 5. The governing board may determine the 5 23 boundaries of the service areas within the community 5 24 cluster and shall provide for administration of the 5 25 provision of services in each of the designated 5 26 service areas. 5 27 6. The governing board may employ and fix the 5 28 compensation of administrative, technical, 5 29 professional, and clerical assistance as necessary to 5 30 administer a shared governmental function. 5 31 7. a. The governing board may adopt budgets for 5 32 shared governmental functions within the community 5 33 cluster and may levy property taxes to the extent the 5 34 taxing authority of a participating governmental unit 5 35 is transferred to the community cluster by the 5 36 governing body of that participating governmental unit 5 37 to fund a shared governmental function. The governing 5 38 board in its budget shall allocate the revenue 5 39 responsibilities of each governmental unit 5 40 participating in the community cluster, subject to the 5 41 approval of the governing body of each participating 5 42 governmental unit. The governing board shall follow 5 43 the same procedures for adoption of a budget as if the 5 44 community cluster were a city and the governing board 5 45 a city council. 5 46 b. The governing board shall devise formulas for 5 47 the transfer of taxing authority from governmental 5 48 units that are participating in the community cluster 5 49 to the governing board of the community cluster to 5 50 fund a shared governmental function, subject to the 6 1 approval of the governing body of each participating 6 2 governmental unit. The maximum rates of taxes 6 3 authorized to be levied by a governmental unit 6 4 participating in a community cluster shall be reduced 6 5 by an amount equal to that portion of the levy rates 6 6 transferred to the authority of the governing board. 6 7 c. In lieu of transferring property taxing 6 8 authority to a governing board, a governmental unit 6 9 participating in a community cluster may meet its 6 10 shared revenue obligations by transferring other 6 11 sources of revenue authorized to be collected by the 6 12 governmental unit. 6 13 8. The governing board may accept donations, 6 14 contributions, grants, or gifts from individuals, 6 15 associations, municipal and private corporations, and 6 16 the United States, or any agency or instrumentality of 6 17 the United States, and may enter into agreements in 6 18 connection therewith. 6 19 9. The governing board may issue bonded 6 20 indebtedness to the extent authorized in section 6 21 28E.39. 6 22 10. By December 1 of each year, the governing 6 23 board shall provide a report relating to shared 6 24 governmental functions and administration of the 6 25 community cluster to the governing body of each 6 26 governmental unit participating in the community 6 27 cluster. 6 28 Sec. . Section 28E.39, Code 2003, is amended by 6 29 striking the section and inserting in lieu thereof the 6 30 following: 6 31 28E.39 ISSUANCE OF BONDS – APPROVAL BY 6 32 ELECTORATE. 6 33 1. The governing board may propose the expenditure 6 34 of funds, the issuance of revenue bonds, entering into 6 35 a lease-purchase agreement, or the issuance of general 6 36 obligation bonds for the following: 6 37 a. Acquisition of a construction site and 6 38 construction of a building or facility for common 6 39 public use by two or more governmental units 6 40 participating in the community cluster. 6 41 b. Purchase of an existing building or facility 6 42 for public use, or conversion of a building or 6 43 facility previously owned and maintained by a 6 44 governmental unit for public use by two or more 6 45 governmental units participating in the community 6 46 cluster. 6 47 c. Equipping or furnishing a new or existing 6 48 building or facility for public use by two or more 6 49 governmental units participating in the community 6 50 cluster. 7 1 d. Operation, maintenance, or improvement of a 7 2 building or facility for public use by two or more 7 3 governmental units participating in the community 7 4 cluster. 7 5 e. Any other aspect of construction, acquisition, 7 6 furnishing, operation, or maintenance of a building or 7 7 facility for public use by two or more governmental 7 8 units participating in the community cluster, such 7 9 other aspect having been proposed by the governing 7 10 board and not otherwise prohibited by law. 7 11 2. The proposal shall be forwarded to the 7 12 governing body of each governmental unit participating 7 13 in the community cluster that is listed in the 7 14 proposal as being allocated a portion of the cost for 7 15 any of the purposes in subsection 1, paragraphs "a" 7 16 through "e". The proposal shall specify the purposes 7 17 for which the building or facility shall be used, the 7 18 estimated cost of the building or facility, the 7 19 estimated amount of the cost to be allocated to each 7 20 of the participating governmental units, the 7 21 proportion and method of allocating the expenses of 7 22 the operation and maintenance of the building or 7 23 facility or improvement, and the disposition to be 7 24 made of any revenues to be derived from operation of 7 25 the building or facility. 7 26 3. If a proposal for expenditure of funds, for 7 27 issuance of revenue bonds, or for issuance of general 7 28 obligation bonds described in the proposal as 7 29 essential county purpose bonds or essential corporate 7 30 purpose bonds is approved by the governing body of 7 31 each governmental unit named in the proposal, the 7 32 governing board may include such expenditures in its 7 33 budget for the following fiscal year. If a proposal 7 34 for issuance of general obligation bonds described in 7 35 the proposal as general county purpose bonds or 7 36 general corporate purpose bonds or for entering into a 7 37 lease-purchase agreement is approved by the governing 7 38 body of each governmental unit named in the proposal, 7 39 the governing board shall direct the county 7 40 commissioner of elections to submit the proposition at 7 41 a special election. The special election may be held 7 42 on the same day as the general election if the county 7 43 commissioner determines that the elections will not 7 44 conflict. Only those registered voters living within 7 45 the governmental units named in the proposal may vote 7 46 on the proposition. The proposition shall be adopted 7 47 if the vote in favor of the proposition is equal to at 7 48 least sixty percent of the vote cast for and against 7 49 the proposition in each governmental unit named in the 7 50 proposal. 8 1 4. The governing board when issuing indebtedness 8 2 pursuant to this section shall follow the procedures 8 3 for issuance of debt as if the governing board were a 8 4 city council or a county board of supervisors and the 8 5 applicable bonding provisions of chapters 74, 75, 331, 8 6 and 384 shall apply. 8 7 5. Indebtedness issued pursuant to this section 8 8 shall constitute a debt of the governmental units 8 9 named in the proposal in the same proportion that the 8 10 cost of the project is allocated to the governmental 8 11 units and such indebtedness is subject to any 8 12 statutory or constitutional limitation on issuance of 8 13 debt if the debt would be subject to such limitation 8 14 if it were issued by a governmental unit acting alone. 8 15 Sec. . Section 28E.40, Code 2003, is amended by 8 16 striking the section and inserting in lieu thereof the 8 17 following: 8 18 28E.40 JOINING COMMUNITY CLUSTER OR TERMINATING 8 19 PARTICIPATION. 8 20 1. A governmental unit, by resolution, may request 8 21 to join an existing community cluster. The governing 8 22 body of the governmental unit shall forward the 8 23 resolution to the governing bodies of each 8 24 governmental unit participating in the community 8 25 cluster. If each of the governing bodies approves the 8 26 resolution, the governmental unit is included in the 8 27 community cluster and shall appoint two of the members 8 28 of its governing body to the governing board of the 8 29 community cluster. 8 30 2. A governmental unit, by resolution, may 8 31 terminate its participation in a community cluster. 8 32 Immediately upon its adoption by the governing body of 8 33 the governmental unit seeking termination of its 8 34 participation in the community cluster, the resolution 8 35 shall be forwarded to the governing board. The 8 36 governing board is not empowered to deny termination 8 37 but it may set a timetable, not to exceed eighteen 8 38 months after adoption of the resolution, for 8 39 termination to be fully effective. 8 40 Sec. . Section 331.461, subsection 2, Code 8 41 2003, is amended by adding the following new 8 42 paragraph: 8 43 NEW PARAGRAPH. h. Port facilities or port 8 44 facilities systems, including without limitation, real 8 45 and personal property, water, buildings, improvements, 8 46 and equipment useful and suitable for taking care of 8 47 the needs of commerce and shipping, and also including 8 48 without limitation, wharves, docks, basins, piers, 8 49 quay walls, warehouses, tunnels, belt railway 8 50 facilities, cranes, dock apparatus, and other 9 1 machinery necessary for the convenient and economical 9 2 accommodation and handling of watercraft of all kinds 9 3 and of freight and passengers. 9 4 Sec. . Section 96.7, subsection 2, paragraph d, 9 5 subparagraph (1), Code Supplement 2003, is amended to 9 6 read as follows: 9 7 (1) The current reserve fund ratio is computed by 9 8 dividing the total funds available for payment of 9 9 benefits, on the computation date, by the total wages 9 10 paid in covered employment excluding reimbursable 9 11 employment wages during the first four calendar 9 12 quarters of the five calendar quarters immediately 9 13 preceding the computation date. However, in computing 9 14 the current reserve fund ratio the following amounts 9 15 shall be added to the total funds available for 9 16 payment of benefits on the following computation 9 17 dates: 9 18 (a) Twenty million dollars on July 1, 2004. 9 19 (b) Seventy million dollars on July 1, 2005. 9 20 (c) One hundred twenty million dollars on July 1, 9 21 2006. 9 22 (d) One hundred fifty million dollars on July 1, 9 23 2007, and on each subsequent computation date. 9 24 Sec. . Section 96.19, subsection 18, paragraph 9 25 a, subparagraph (7), subparagraph subdivision (a), 9 26 Code 2003, is amended to read as follows: 9 27 (a) A person in agricultural labor when such labor 9 28 is performed for an employing unit which during any 9 29 calendar quarter in the calendar year or the preceding 9 30 calendar year paid remuneration in cash of twenty 9 31 thousand dollars or more to individuals employed in 9 32 agricultural labor excluding labor performed before 9 33 January 1, 1980, by an alien referred to in this 9 34 subparagraph; or on each of some twenty days during 9 35 the calendar year or the preceding calendar year, each 9 36 day being in a different calendar week, employed in 9 37 agricultural labor for some portion of the day ten or 9 38 more individuals, excluding labor performed before 9 39 January 1, 1980, by an alien referred to in this 9 40 subparagraph; and such labor is not agricultural labor 9 41 performed before January 1, 1980, by an individual who 9 42 is an alien admitted to the United States to perform 9 43 agricultural labor pursuant to sections 214(c) and 9 44 101(a)(15)(H) of the Immigration and Nationality Act, 9 45 8 U.S.C. } 1184(c), 1101(a)(15)(H) (1976). For 9 46 purposes of this subparagraph subdivision, "employed" 9 47 shall not include services performed by agricultural 9 48 workers who are aliens admitted to the United States 9 49 to perform labor pursuant to section 9 50 101(a)(15)(H)(ii)(a) of the Immigration and 10 1 Nationality Act and who are not covered under the 10 2 Federal Unemployment Tax Act." 10 3 #21. Page 48, by striking line 32 and inserting 10 4 the following: 10 5 "................................................. $ 45,283,894 10 6 . JOBS FOR AMERICA'S GRADUATES 10 7 For school districts to provide direct services to 10 8 the most at-risk senior high school students enrolled 10 9 in school districts through direct intervention by a 10 10 jobs for America's graduates specialist: 10 11 .................................................. $ 400,000 10 12 . CLOSING THE ACHIEVEMENT GAP GRANTS 10 13 For competitive grants to be awarded in no more 10 14 than four school districts: 10 15 .................................................. $ 500,000 10 16 a. The department shall establish a competitive 10 17 grant program that supports school district efforts to 10 18 address the achievement gap. Priority shall be given 10 19 to school districts using research-based strategies 10 20 that have the highest probability of improving student 10 21 achievement. A grant in the amount of $125,000 shall 10 22 be awarded no later than October 1, 2004, to a school 10 23 district in each of the following size school 10 24 districts: 10 25 (1) A school district with an enrollment of 1199 10 26 or less. 10 27 (2) A school district with an enrollment of more 10 28 than 1199, but not more than 4749. 10 29 (3) A school district with an enrollment of more 10 30 than 4749. 10 31 (4) A school district with any enrollment. 10 32 b. Grant moneys may be used by recipient school 10 33 districts for purposes including, but not limited to, 10 34 assigning highly skilled teachers to high-need 10 35 students and highly skilled administrators to high- 10 36 need buildings, maintaining a commitment to cultural 10 37 competency training, sustaining high expectations for 10 38 all children, and creating partnerships between 10 39 schools, communities, and businesses." 10 40 #22. Page 49, by inserting after line 18 the 10 41 following: 10 42 "Sec. . WHOLE-GRADE SHARING AGREEMENT DEADLINE 10 43 WAIVER. Notwithstanding sections 282.10 and 282.11, 10 44 the department of education may, at the department's 10 45 discretion, waive any of the deadline requirements of 10 46 sections 282.10 and 282.11, relating to the signing of 10 47 a whole-grade sharing agreement by the boards of two 10 48 or more school districts involved in the agreement and 10 49 the public notice and hearing requirements, if one of 10 50 the districts involved in the agreement has an 11 1 enrollment of less than three hundred. This section 11 2 is repealed July 1, 2004." 11 3 #23. Page 49, by inserting after line 18 the 11 4 following: 11 5 "Sec. . STATEWIDE TEACHER INTERN PROGRAM 11 6 FEASIBILITY STUDY – FEDERAL GRANT APPLICATION 11 7 COORDINATION. 11 8 1. The department of education shall work 11 9 cooperatively with the state board of regents and 11 10 other accredited postsecondary institutions with 11 11 approved practitioner preparation programs to assess 11 12 the feasibility of the offering of a teacher intern 11 13 program that will be available statewide and which 11 14 will meet the standards as provided in 281 IAC 77. 11 15 The department shall, at minimum, collaborate with the 11 16 state board of regents and the colleges of education 11 17 at board's institutions of higher learning, and with 11 18 other accredited postsecondary institutions with 11 19 approved practitioner preparation programs. The study 11 20 shall include the projected enrollment, cost, delivery 11 21 of the program via technology, and possible time lines 11 22 for implementation of a statewide teacher intern 11 23 program. The study shall, at minimum, consider the 11 24 establishment of a program operated through a regents 11 25 institution under a cooperative arrangement with other 11 26 postsecondary institutions, including institutions 11 27 that do not have approved practitioner preparation 11 28 programs, or with one or more area education agencies. 11 29 The department shall submit a report summarizing the 11 30 results of the study and making recommendations to the 11 31 chairpersons and ranking members of the house and 11 32 senate committees on education and the chairpersons 11 33 and rankings members of the joint appropriations 11 34 subcommittee on education by January 15, 2005. 11 35 2. The department shall work cooperatively with 11 36 the state board of regents and other appropriate 11 37 eligible grantees to obtain any available federal 11 38 funding, including grants that may be available for 11 39 the establishment and operation of a teacher intern 11 40 program." 11 41 #24. Page 50, lines 21 and 22, by striking the 11 42 figures "2001-2002" and inserting the following: 11 43 "2003-2004". 11 44 #25. Page 55, line 7, by striking the words 11 45 "physically deformed, mentally deficient," and 11 46 inserting the following: "mentally deficient". 11 47 #26. Page 59, by striking line 29 and inserting 11 48 the following: 11 49 ".................................................. $ 8,468,249" 11 50 #27. Page 59, by striking line 35 and inserting 12 1 the following: 12 2 ".................................................. $ 4,737,675" 12 3 #28. Page 64, line 32, by inserting after the word 12 4 "grants." the following: "From the funds appropriated 12 5 in this subsection, not more than three million four 12 6 hundred thousand dollars may be distributed to private 12 7 institutions whose income is not exempt from taxation 12 8 under section 501(c) of the Internal Revenue Code and 12 9 whose students were eligible to receive Iowa tuition 12 10 grant moneys in the fiscal year beginning July 1, 12 11 2003." 12 12 #29. Page 65, line 22, by inserting after the word 12 13 "contracts" the following: ", if applicable,". 12 14 #30. Page 65, by inserting after line 30 the 12 15 following: 12 16 "Sec. ___. Section 284.10, subsection 6, Code 12 17 Supplement 2003, is amended to read as follows: 12 18 6. By July 1,20052006, the director shall 12 19 develop and implement an evaluator training 12 20 certification renewal program for administrators and 12 21 other practitioners who need to renew a certificate 12 22 issued pursuant to this section. 12 23 Sec. ___. Section 284.13, subsection 1, paragraph 12 24 a, Code Supplement 2003, is amended by striking the 12 25 paragraph." 12 26 #31. Page 65, line 31, by inserting after the word 12 27 "b," the following: "c,". 12 28 #32. Page 65, line 35, by striking the words "one 12 29 million seven" and inserting the following: "seven12 30 one million one". 12 31 #33. Page 66, by inserting after line 2 the 12 32 following: 12 33 "c. For the fiscal year beginning July 1,200312 34 2004, and succeeding fiscal years, an amount up to 12 35fourthree milliontwofive hundred thousand dollars 12 36 for first-year and second-year beginning teachers, to 12 37 the department of education for distribution to school 12 38 districts for purposes of the beginning teacher 12 39 mentoring and induction programs. A school district 12 40 shall receive one thousand three hundred dollars per 12 41 beginning teacher participating in the program. If 12 42 the funds appropriated for the program are 12 43 insufficient to pay mentors and school districts as 12 44 provided in this paragraph, the department shall 12 45 prorate the amount distributed to school districts 12 46 based upon the amount appropriated. Moneys received 12 47 by a school district pursuant to this paragraph shall 12 48 be expended to provide each mentor with an award of 12 49 five hundred dollars per semester, at a minimum, for 12 50 participation in the school district's beginning 13 1 teacher mentoring and induction program; to implement 13 2 the plan; and to pay any applicable costs of the 13 3 employer's share of contributions to federal social 13 4 security and the Iowa public employees' retirement 13 5 system or a pension and annuity retirement system 13 6 established under chapter 294, for such amounts paid 13 7 by the district." 13 8 #34. Page 66, by striking lines 15 through 17, and 13 9 inserting the following: "districts for training13 10costs. A portion of the funds allocated to the 13 11 department for purposes of this paragraph may be used 13 12 by the department for administrative purposes." 13 13 #35. Page 66, line 21, by striking the words "one 13 14 hundred fifty" and inserting the following: "three 13 15 hundred". 13 16 #36. Page 66, line 27, by striking the word "four" 13 17 and inserting the following: "two". 13 18 #37. Page 66, line 28, by inserting after the word 13 19 "five" the following: "fifty". 13 20 #38. Page 67, by inserting after line 8 the 13 21 following: 13 22 "Sec. . Section 284.13, subsection 1, Code 13 23 Supplement 2003, is amended by adding the following 13 24 new paragraph: 13 25 NEW PARAGRAPH. i. For the fiscal year beginning 13 26 July 1, 2004, and ending June 30, 2005, moneys made 13 27 available for the purposes of implementing paragraphs 13 28 "d" and "e" may be allocated in the amounts, as 13 29 determined by the department, needed to implement the 13 30 purposes of paragraphs "d" and "e". 13 31 Sec. . Section 294A.22, Code Supplement 2003, 13 32 is amended by adding the following new unnumbered 13 33 paragraph: 13 34 NEW UNNUMBERED PARAGRAPH. If funds appropriated 13 35 are insufficient to pay phase II allocations in full, 13 36 the department of administrative services shall 13 37 prorate payments to school districts and area 13 38 education agencies. 13 39 Sec. ___. Section 284.11, Code Supplement 2003, is 13 40 repealed." 13 41 #39. Page 67, by striking line 9 and inserting the 13 42 following: 13 43 "Sec. ___. EFFECTIVE DATES. 13 44 1. The provisions of this division". 13 45 #40. Page 67, by inserting after line 14 the 13 46 following: 13 47 "2. The section of this division of this Act, 13 48 relating to a waiver for whole-grade sharing agreement 13 49 deadlines, being deemed of immediate importance, takes 13 50 effect upon enactment and applies from the date of 14 1 enactment to June 30, 2004." 14 2 #41. Page 71, line 34, by striking the figure 14 3 "152.05" and inserting the following: "158.05". 14 4 #42. Page 72, by striking lines 4 and 5 and 14 5 inserting the following: "committee expense. Before 14 6 the department expends or". 14 7 #43. Page 74, by inserting after line 15 the 14 8 following: 14 9 "i. For the fiscal year beginning July 1, 2004, 14 10 and ending June 30, 2005, the board of pharmacy 14 11 examiners may retain and expend 90 percent of the 14 12 revenues generated from any increase after July 1, 14 13 2004, in licensing fees pursuant to sections 124.301 14 14 and 147.80, and chapter 155A, for purposes related to 14 15 the state board's duties, including but not limited to 14 16 the addition of full-time equivalent positions. Fees 14 17 retained by the board pursuant to this lettered 14 18 paragraph are appropriated to the board of pharmacy 14 19 examiners for the purposes described in this lettered 14 20 paragraph." 14 21 #44. Page 75, line 15, by striking the words 14 22 "pursuant to section 99G.39". 14 23 #45. Page 76, line 8, by striking the words 14 24 "provided otherwise in". 14 25 #46. Page 76, line 9, by inserting after the 14 26 figure "2004" the following: "otherwise provides for 14 27 the deposit of tax revenue received by the state 14 28 racing and gaming commission pursuant to section 14 29 99D.15 in the gambling treatment fund". 14 30 #47. Page 77, by inserting after line 20, the 14 31 following: 14 32 "Sec. ___. TOBACCO USE PREVENTION AND CONTROL – 14 33 ADMINISTRATOR. The director of the Iowa department of 14 34 public health shall employ a division administrator 14 35 for the division of tobacco use prevention and control 14 36 as a full-time equivalent position with a salary 14 37 commensurate with the full-time position. 14 38 Sec. ___. LEGISLATIVE INTENT – THE STATE OF IOWA, 14 39 A HEALTHY COMMUNITY. 14 40 1. It is the intent of the general assembly that 14 41 state agencies, local communities, and individuals 14 42 begin exploring strategies and partnerships to create 14 43 a statewide community network that supports health 14 44 promotion, prevention, and chronic disease management. 14 45 2. It is the expectation of the general assembly 14 46 that such strategies and partnerships will energize 14 47 local communities to transform their cultures into 14 48 those which promote healthy lifestyles and which, 14 49 collectively, transform the state of Iowa into one 14 50 healthy community." 15 1 #48. Page 90, by inserting after line 35, the 15 2 following: 15 3 "Sec. ___. FOOD STAMP HEALTHY CHOICES. The 15 4 department of human services, in cooperation with the 15 5 Iowa department of public health, shall identify means 15 6 by which the food stamp program may be utilized to 15 7 promote good nutrition and healthy choices among 15 8 recipients of food stamps. The departments shall 15 9 submit a report of their findings to the general 15 10 assembly by December 15, 2004." 15 11 #49. Page 93, line 18, by striking the words 15 12 "physically deformed, mentally deficient," and 15 13 inserting the following: "mentally deficient". 15 14 #50. Page 96, line 26, by striking the word "The" 15 15 and inserting the following: "a. The". 15 16 #51. Page 96, by inserting after line 35, the 15 17 following: 15 18 "b. Of the funds appropriated in this section, 15 19 $100,000 shall be used for participation in one or 15 20 more pilot projects operated by a private provider to 15 21 allow the individual or individuals to receive service 15 22 in the community in accordance with principles 15 23 established in the Olmstead v. L.C. 527 U.S. 581 15 24 (1999) for the purpose of providing medical assistance 15 25 or other assistance to individuals with special needs 15 26 who become ineligible to continue receiving services 15 27 under the early and periodic screening, diagnosis, and 15 28 treatment program under the medical assistance program 15 29 due to becoming twenty-one years of age, who have been 15 30 approved for additional assistance through the 15 31 department's exception to policy provisions, but who 15 32 have health care needs in excess of the funding 15 33 available through the exception to the policy 15 34 provisions." 15 35 #52. Page 100, by inserting after line 10, the 15 36 following: 15 37 "___. Determine or enter a contract to identify 15 38 the incidence of chronic disease within the Iowa 15 39 medical assistance program population in order to most 15 40 effectively utilize disease management programs under 15 41 the medical assistance program. The department may 15 42 procure a sole source contract to implement this 15 43 subsection." 15 44 #53. Page 121, by striking lines 11 and 12 and 15 45 inserting the following: "support, maintenance, and 15 46 miscellaneous purposes:" 15 47 #54. Page 121, by striking line 14. 15 48 #55. Page 127, line 20, by inserting after the 15 49 word "rate." the following: "Notwithstanding section 15 50 232.141, subsection 8, for the fiscal year beginning 16 1 July 1, 2004, the amount of the statewide average of 16 2 the actual and allowable rates for reimbursement of 16 3 juvenile shelter care homes that is utilized for the 16 4 limitation on recovery of unpaid costs shall remain at 16 5 the same amount in effect for this purpose in the 16 6 preceding fiscal year." 16 7 #56. Page 128, by inserting after line 4, the 16 8 following: 16 9 "Sec. . ADOPTION SUBSIDY PROGRAM. 16 10 1. a. It is the intent of the general assembly 16 11 that the department of human services maximize receipt 16 12 of the federal funding available for the adoption 16 13 subsidy program. The department may renegotiate 16 14 existing adoption agreements solely for the purpose of 16 15 maximizing federal funding. However, any revision of 16 16 the existing adoption monthly maintenance payment 16 17 agreement shall not result in the reduction of 16 18 benefits to these adoptive families. 16 19 b. The limitation on attorney fees under the 16 20 program shall be $500 per recipient. 16 21 c. The department of human services shall attempt 16 22 to develop a method to obtain federal matching funds 16 23 for adoption subsidy program recipients' out-of-pocket 16 24 payments to attorneys for the portion of attorney fees 16 25 that exceed the limitation on attorney fees under the 16 26 program. 16 27 d. The department of human services shall attempt 16 28 to obtain federal matching funds for adoption subsidy 16 29 program recipients' out-of-pocket payments for child 16 30 care fees that exceed the applicable reimbursement 16 31 rate established under the child care assistance 16 32 program. 16 33 e. If cost-effective and in compliance with 16 34 federal law and regulation, the department of human 16 35 services may implement a sliding benefit scale based 16 36 upon income, for all or a portion of the adoption 16 37 presubsidy or preadoptive subsidy agreements entered 16 38 into on or after July 1, 2004. 16 39 2. It is the intent of the general assembly that 16 40 beginning July 1, 2004, adoption subsidy agreements 16 41 entered into on or after that date shall be 16 42 administered uniformly throughout the state. 16 43 3. a. Beginning July 1, 2004, the child care 16 44 subsidy payments for individuals who enter into 16 45 presubsidy or preadoptive subsidy agreements shall be 16 46 governed by the provisions of the department of human 16 47 services' child care assistance programs. 16 48 b. (1) Individuals who entered into presubsidy or 16 49 preadoptive subsidy agreements on or before June 30, 16 50 2004, shall continue to receive a child care subsidy, 17 1 notwithstanding any income guidelines specified under 17 2 the child care assistance program, and shall not be 17 3 required to meet the specifications of a specialized 17 4 program as specified in the administrative rules, but 17 5 beginning July 1, 2004, the child care subsidy rate 17 6 shall be governed by the rate ceilings under the 17 7 department of human services' child care assistance 17 8 program. 17 9 (2) The department shall notify these individuals 17 10 within thirty days of the effective date of this 17 11 section of this Act of the potential change in the 17 12 determination of the child care subsidy rate described 17 13 under this subsection, and the process for requesting 17 14 an exception to policy. 17 15 (3) If an individual requests an exception to 17 16 policy and the exception is approved, the individual 17 17 shall continue to receive the child care subsidy rate 17 18 in effect for the individual prior to July 1, 2004, 17 19 and shall be reimbursed the difference between the 17 20 prior rate and the new rate for the period of time 17 21 that the new rate was applied. 17 22 4. It is the intent of the general assembly that 17 23 any rules relating to the adoption subsidy program for 17 24 which the effective date of the rules is delayed 17 25 pursuant to section 17A.8, subsection 9, shall take 17 26 effect unless legislation enacted by the general 17 27 assembly conflicts with such rules. 17 28 5. The legislative council is requested to 17 29 establish an interim study committee to review the 17 30 adoption subsidy program, which includes a review of 17 31 current practices regarding the determination of 17 32 subsidy levels, disparities in subsidy levels among 17 33 regions of the state, program cost and benefits, the 17 34 fiscal and programmatic impact of projected future 17 35 program growth, a thorough analysis of the demographic 17 36 factors of the adoptive families as well as the 17 37 adoptive children's special needs, and quantification 17 38 of savings in other programs and services resulting 17 39 from the utilization of the adoption subsidy program. 17 40 The interim study committee shall seek input from the 17 41 department of human services, adoptive parents, and 17 42 others with experience or expertise relating to the 17 43 adoption subsidy program and related services and 17 44 supports. The interim study committee shall submit a 17 45 report of findings and recommendations to the general 17 46 assembly not later than December 1, 2004." 17 47 #57. Page 130, line 2, by inserting after the word 17 48 "fund." the following: "To the extent allowed under 17 49 Title XIX of the federal Social Security Act, any 17 50 hospital qualifying for disproportionate share 18 1 hospital reimbursement shall provide evidence to the 18 2 department that the hospital provides or participates 18 3 in a disease management program." 18 4 #58. Page 133, by inserting after line 5 the 18 5 following: 18 6 "Sec. ___. Section 232.141, subsection 1, Code 18 7 2003, is amended to read as follows: 18 8 1. Except as otherwise provided by law, the court 18 9 shall inquire into the ability of the child or the 18 10 child's parent to pay expenses incurred pursuant to 18 11subsectionsubsections 2,and subsection4, and, after18 12 8. After giving the parent a reasonable opportunity 18 13 to be heard, the court may order the parent to pay all 18 14 or part of the costs of the child's care, examination, 18 15 treatment, legal expenses, or other expenses. An 18 16 order entered under this section does not obligate a 18 17 parent paying child support under a custody decree, 18 18 except that part of the monthly support payment may be 18 19 used to satisfy the obligations imposed by the order 18 20 entered pursuant to this section. If a parent fails 18 21 to pay as ordered, without good reason, the court may 18 22 proceed against the parent for contempt and may inform 18 23 the county attorney who shall proceed against the 18 24 parent to collect the unpaid amount. Any payment 18 25 ordered by the court shall be a judgment against each 18 26 of the child's parents and a lien as provided in 18 27 section 624.23. If all or part of the amount that the 18 28 parents are ordered to pay is subsequently paid by the 18 29 county or state, the judgment and lien shall 18 30 thereafter be against each of the parents in favor of 18 31 the county to the extent of the county's payments and 18 32 in favor of the state to the extent of the state's 18 33 payments. 18 34 Sec. ___. Section 234.39, Code 2003, is amended by 18 35 adding the following new subsection: 18 36 NEW SUBSECTION. 6. A support obligation for a 18 37 shelter care placement shall be determined under 18 38 section 232.141." 18 39 #59. Page 133, by striking lines 9 through 13, and 18 40 inserting the following: "mental health quality of 18 41 care improvement committee. The committee membership 18 42 shall include". 18 43 #60. Page 133, line 24, by inserting after the 18 44 figure "249A.24," the following: "the contractor for 18 45 the medical assistance program managed care mental 18 46 health contract,". 18 47 #61. Page 133, line 33, by inserting after the 18 48 word "preferences." the following: "This paragraph 18 49 shall not apply to any prior authorization provision 18 50 in force on June 30, 2004, imposed under the existing 19 1 managed care mental health care contract or any 19 2 extension of that contract." 19 3 #62. Page 134, line 3, by inserting after the word 19 4 "and" the following: "after a cost-benefit analysis 19 5 may". 19 6 #63. Page 134, by inserting after line 12, the 19 7 following: 19 8 "Sec. . NEW SECTION. 249A.35 MEDICAL 19 9 ASSISTANCE CRISIS INTERVENTION TEAM. 19 10 1. A medical assistance crisis intervention team 19 11 is created. The team shall consist of the following 19 12 members: 19 13 a. The president of the university of Iowa. 19 14 b. A representative of the Iowa hospital 19 15 association. 19 16 c. A representative of the Iowa medical society. 19 17 d. A representative of the Iowa pharmacy 19 18 association. 19 19 e. A representative of the Iowa health care 19 20 association. 19 21 f. A representative of the federation of Iowa 19 22 insurers. 19 23 g. A representative of the Iowa association of 19 24 community providers. 19 25 h. A representative of the medical assistance 19 26 advisory council established pursuant to section 19 27 249A.4, subsection 8. 19 28 i. Two members selected by the president of the 19 29 university of Iowa. 19 30 2. The president of the university of Iowa shall 19 31 act as the chairperson of the team. Members of the 19 32 team are entitled to receive reimbursement of actual 19 33 expenses incurred in the discharge of their duties. 19 34 3. The department of human services shall provide 19 35 staff to the team as determined by the division 19 36 administrator of the division of medical services. 19 37 4. The team shall do all of the following: 19 38 a. Provide a projection of medical assistance 19 39 program and administrative costs through June 30, 19 40 2008, based on services provided as of June 30, 2004. 19 41 b. Hold at least four monthly public meetings, 19 42 beginning in July 2004, in at least four 19 43 geographically balanced venues around the state. The 19 44 team shall submit a report of its findings from these 19 45 meetings to the general assembly on or before December 19 46 1, 2004. 19 47 5. The team may provide any additional 19 48 recommendations to the general assembly at any time 19 49 regarding the medical assistance program including but 19 50 not limited to recommendations regarding services, 20 1 eligibility, rates, care management, and program 20 2 administration. 20 3 6. The department of human services shall assist 20 4 the team as follows: 20 5 a. On or before July 1, 2004, the department shall 20 6 submit to the team and make available to the public an 20 7 initial analysis which includes all of the following 20 8 data: 20 9 (1) The number of medical assistance program 20 10 enrolled eligibles by cohort grouped on the basis of 20 11 factors such as age, income, disability, and optional 20 12 eligibility, for the period beginning July 1, 1999, 20 13 and ending June 30, 2004. 20 14 (2) A projection of the number of medical 20 15 assistance program enrolled eligibles in each of the 20 16 cohorts identified in subparagraph (1), for the period 20 17 beginning July 1, 2005, and ending June 30, 2008. The 20 18 projection shall be accompanied by a statement of the 20 19 underlying assumptions. 20 20 (3) The actual cost of all services and of each 20 21 service for each cohort described in subparagraph (1), 20 22 for the period beginning July 1, 1999, and ending June 20 23 30, 2004. The analysis of the data shall identify the 20 24 total cost for each cohort, the cost per member per 20 25 month for each cohort, and the twenty most utilized 20 26 medical procedures or services and the ten most 20 27 prevalent diagnoses associated within each cohort. 20 28 The analysis of the data shall identify, to the 20 29 greatest extent possible, the reason for changes in 20 30 total costs and the costs per member, per month during 20 31 the period, including but not limited to rate 20 32 adjustments, service utilization, and eligibility 20 33 growth. 20 34 (4) To the extent practical, a comparison of the 20 35 rates paid by commercial insurers to their Iowa 20 36 provider network and the rates paid by Medicare, with 20 37 the rates paid by the medical assistance program for 20 38 the same services, for the fiscal year beginning July 20 39 1, 2003, and ending June 30, 2004. 20 40 (5) An estimate of the program costs for the 20 41 medical assistance program for the period beginning 20 42 July 1, 2005, and ending June 30, 2008, based on all 20 43 of the following assumptions: 20 44 (a) The enrollment projections described in 20 45 subparagraph (2) and assuming reasonable change in 20 46 service utilization patterns, but no change in 20 47 provider rates in effect on June 30, 2004. The 20 48 projection shall include total and total program costs 20 49 per member, per month for each cohort and total cost 20 50 and the program cost per member per month for each 21 1 cohort for the period beginning July 1, 2005, and 21 2 ending June 30, 2008. The assumptions used in 21 3 developing the projections shall be clearly stated. 21 4 (b) The enrollment projections described in 21 5 subparagraph (2) and assuming reasonable change in 21 6 service utilization patterns, and additionally 21 7 assuming that all medical assistance program fee for 21 8 service rates are equal to ninety-eight percent of the 21 9 usual and customary charges for such service in the 21 10 fiscal year beginning July 1, 2003, and ending June 21 11 30, 2004, and grow at an annual rate of two percent 21 12 annually through June 30, 2008, and assuming that 21 13 commensurate changes are made in rates paid to medical 21 14 assistance program managed care organizations. 21 15 (6) If the projections for later years exceed the 21 16 spending standard established in subparagraph (5), 21 17 subparagraph subdivision (b), a base rate and the 21 18 annual inflation adjustments that would result in 21 19 spending being limited to the spending standard 21 20 established in that paragraph. 21 21 (7) A description of the cost, member, provider, 21 22 and service quality impact of all of the following: 21 23 (a) Application of medical assistance program 21 24 allowable limits on optional services. 21 25 (b) Service utilization control strategies 21 26 including managed care and prior authorization in the 21 27 pharmacy, medical and behavioral, and long-term care 21 28 areas that have been utilized in other states or 21 29 jurisdictions that could potentially be utilized in 21 30 Iowa. The department shall identify the 21 31 administrative costs associated with each strategy. 21 32 (c) Accessible disease management and enhanced 21 33 primary care case management strategies with 21 34 particular attention to the timing of costs and 21 35 benefits. 21 36 (d) Accessible health promotion strategies and 21 37 disease prevention activities with particular 21 38 attention to the timing of costs and benefits. 21 39 (e) Enhanced surveillance and utilization review, 21 40 revenue collection, estate recovery, and cost 21 41 avoidance activities in future years. 21 42 (f) The federal Prescription Drug and Medicare 21 43 Improvement Act of 2003. 21 44 (g) The program options and cost savings 21 45 potentially associated with reducing the populations 21 46 of intermediate care facilities for the mentally 21 47 retarded and nursing facilities due to the 21 48 availability of home and community-based services, 21 49 including consumer-directed home care. 21 50 b. The department shall present the analysis 22 1 described in paragraph "a" at the initial meeting of 22 2 the team in July 2004. The department shall adjust, 22 3 expand, or otherwise modify its analysis based on the 22 4 requests of the team at its subsequent monthly 22 5 meetings and shall assist the team in compiling the 22 6 team's final report to the general assembly. 22 7 Sec. . REPORT – MEDICAID PROGRAM FINANCING. 22 8 On or before August 1, 2004, the department of human 22 9 services shall submit a report to the chairpersons and 22 10 ranking members of the joint appropriations 22 11 subcommittee on health and human services, the 22 12 legislative services agency, the legislative caucus 22 13 staffs, and the medical assistance crisis intervention 22 14 team created in section 249A.35, providing 22 15 recommendations to reduce costs or provide revenue 22 16 enhancements to reduce the projected program and 22 17 administrative costs of the medical assistance program 22 18 by $130,000,000 for the fiscal year beginning July 1, 22 19 2005, and ending June 30, 2006." 22 20 #64. Page 138, by inserting after line 11, the 22 21 following: 22 22 " . The section of this division of this Act 22 23 creating section 249A.35, relating to the medical 22 24 assistance crisis intervention team, takes effect upon 22 25 enactment." 22 26 #65. Page 138, by inserting after line 15 the 22 27 following: 22 28 " . The section of this division of this Act 22 29 relating to the adoption subsidy program." 22 30 #66. Page 141, by striking lines 1 through 8 and 22 31 inserting the following: 22 32 " . Five million dollars of the moneys 22 33 appropriated in this subsection shall be transferred 22 34 to the senior living revolving loan program fund 22 35 created in section 16.182 for the purposes of that 22 36 section. 22 37 . Two million dollars of the moneys 22 38 appropriated in this subsection shall be transferred 22 39 to the home and community-based services revolving 22 40 loan program fund created in section 16.183 for the 22 41 purposes of that section." 22 42 #67. Page 144, by inserting after line 3 the 22 43 following: 22 44 "Sec. . NEW SECTION. 16.182 SENIOR LIVING 22 45 REVOLVING LOAN PROGRAM FUND. 22 46 1. A senior living revolving loan program fund is 22 47 created within the authority to further the goal of 22 48 the senior living program as specified in section 22 49 249H.2. The moneys in the senior living revolving 22 50 loan program fund shall be used by the authority for 23 1 the development and operation of a revolving loan 23 2 program to provide financing to construct affordable 23 3 assisted living and service-enriched affordable 23 4 housing for seniors and persons with disabilities, 23 5 including through new construction or acquisition and 23 6 rehabilitation. 23 7 2. Moneys received by the authority from the 23 8 senior living trust fund, transferred by the authority 23 9 for deposit in the senior living revolving loan 23 10 program fund, moneys appropriated to the senior living 23 11 revolving loan program, and any other moneys available 23 12 to and obtained or accepted by the authority for 23 13 placement in the senior living revolving loan program 23 14 fund shall be deposited in the fund. Additionally, 23 15 payment of interest, recaptures of awards, and other 23 16 repayments to the senior living revolving loan program 23 17 fund shall be deposited in the fund. Notwithstanding 23 18 section 12C.7, subsection 2, interest or earnings on 23 19 moneys in the senior living revolving loan program 23 20 fund shall be credited to the fund. Notwithstanding 23 21 section 8.33, moneys that remain unencumbered or 23 22 unobligated at the end of the fiscal year shall not 23 23 revert but shall remain available for the same purpose 23 24 in the succeeding fiscal year. 23 25 3. The authority shall annually allocate moneys 23 26 available in the senior living revolving loan program 23 27 fund for the development of affordable assisted living 23 28 and service-enriched affordable housing for seniors 23 29 and persons with disabilities. The authority shall 23 30 develop a joint application process for the allocation 23 31 of federal low-income housing tax credits and funds 23 32 available under this section. Moneys allocated to 23 33 such developments may be in the form of loans, grants, 23 34 or a combination of loans and grants. 23 35 4. The authority shall adopt rules pursuant to 23 36 chapter 17A to administer this section. 23 37 Sec. . NEW SECTION. 16.183 HOME AND 23 38 COMMUNITY-BASED SERVICES REVOLVING LOAN PROGRAM FUND. 23 39 1. A home and community-based services revolving 23 40 loan program fund is created within the authority to 23 41 further the goals specified in section 231.3, adult 23 42 day services, respite services, and congregate meals. 23 43 The moneys in the home and community-based services 23 44 revolving loan program fund shall be used by the 23 45 authority for the development and operation of a 23 46 revolving loan program to develop and expand 23 47 facilities and infrastructure that provide adult day 23 48 services, respite services, and congregate meals that 23 49 address the needs of persons with low incomes. 23 50 2. Moneys received by the authority from the 24 1 senior living trust fund, transferred by the authority 24 2 for deposit in the home and community-based services 24 3 revolving loan program fund, moneys appropriated to 24 4 the home and community-based services revolving loan 24 5 program, and any other moneys available to and 24 6 obtained or accepted by the authority for placement in 24 7 the home and community-based services revolving loan 24 8 program fund shall be deposited in the fund. 24 9 Additionally, payment of interest, recaptures of 24 10 awards, and other repayments to the senior living 24 11 revolving loan program fund shall be deposited in the 24 12 fund. Notwithstanding section 12C.7, subsection 2, 24 13 interest or earnings on moneys in the home and 24 14 community-based services revolving loan program fund 24 15 shall be credited to the fund. Notwithstanding 24 16 section 8.33, moneys that remain unencumbered or 24 17 unobligated at the end of the fiscal year shall not 24 18 revert but shall remain available for the same purpose 24 19 in the succeeding fiscal year. 24 20 3. The authority, in cooperation with the 24 21 department of elder affairs, shall annually allocate 24 22 moneys available in the home and community-based 24 23 services revolving loan program fund to develop and 24 24 expand facilities and infrastructure that provide 24 25 adult day services, respite services, and congregate 24 26 meals that address the needs of persons with low 24 27 incomes. 24 28 4. The authority shall adopt rules pursuant to 24 29 chapter 17A to administer this section." 24 30 #68. Page 145, by inserting after line 11 the 24 31 following: 24 32 "Sec. . Section 331.438, subsection 4, 24 33 paragraph b, Code 2003, is amended by adding the 24 34 following new subparagraph: 24 35 NEW SUBPARAGRAPH. (16) Develop a procedure for 24 36 each county to disclose to the department of human 24 37 services information approved by the commission 24 38 concerning the mental health, mental retardation, 24 39 developmental disabilities, and brain injury services 24 40 provided to the individuals served through the county 24 41 central point of coordination process. The procedure 24 42 shall incorporate protections to ensure that if 24 43 individually identified information is disclosed, it 24 44 is disclosed and maintained in compliance with 24 45 applicable Iowa and federal confidentiality laws, 24 46 including but not limited to federal Health Insurance 24 47 Portability and Accountability Act requirements." 24 48 #69. Page 147, by inserting after line 5 the 24 49 following: 24 50 "NEW SUBSECTION. 6. Each county shall submit a 25 1 report to the Iowa state association of counties to be 25 2 shared with the legislative services agency on or 25 3 before January 31, 2005, regarding the unaudited 25 4 expenditures from the county's mental health, mental 25 5 retardation, and developmental disabilities services 25 6 fund." 25 7 #70. Page 161, by striking lines 2 through 12. 25 8 #71. Page 167, by inserting after line 31 the 25 9 following: 25 10 "In addition to the amount appropriated in this 25 11 subsection, there is transferred from the moneys 25 12 credited during the fiscal year beginning July 1, 25 13 2004, to the depreciation fund maintained by the 25 14 department of administrative services pursuant to 25 15 section 8A.365, for purposes of the motor pool, to the 25 16 vehicle depreciation account maintained by the 25 17 department of public safety for vehicles utilized by 25 18 the division of the Iowa state patrol. During the 25 19 fiscal year the department of administrative services 25 20 shall credit to the depreciation fund at least 25 21 $475,000 for purposes of the motor pool. The moneys 25 22 shall be transferred to the department of public 25 23 safety on a monthly basis. Moneys transferred 25 24 pursuant to this paragraph are appropriated to the 25 25 department of public safety for purposes of vehicle 25 26 replacement for the division of the Iowa state patrol. 25 27 Notwithstanding section 8.33, moneys transferred in 25 28 this paragraph that remain unencumbered or unobligated 25 29 at the close of the fiscal year shall not revert but 25 30 shall remain available for expenditure from the 25 31 department of public safety's vehicle depreciation 25 32 account for the purposes designated until the close of 25 33 the fiscal year that begins July 1, 2005." 25 34 #72. Page 169, by inserting after line 2 the 25 35 following: 25 36 "Sec. . Section 8D.9, Code Supplement 2003, is 25 37 amended by adding the following new subsection: 25 38 NEW SUBSECTION. 4. A community college receiving 25 39 federal funding to conduct first responder training 25 40 and testing regarding homeland security first 25 41 responder communication and technology-related 25 42 research and development projects shall be authorized 25 43 to utilize the network for testing purposes." 25 44 #73. Page 169, by striking lines 3 through 16. 25 45 #74. Page 169, line 27, by striking the words "the 25 46 effective date of this Act" and inserting the 25 47 following: "July 1, 2004". 25 48 #75. Page 170, by striking lines 1 through 17. 25 49 #76. Page 171, by inserting after line 30 the 25 50 following: 26 1 "Sec. . NEW SECTION. 564.9 DEPARTMENT OF 26 2 NATURAL RESOURCES – ACCESS. 26 3 1. The department of natural resources shall grant 26 4 the owner of a parcel of land access to a public road 26 5 if any of the following applies: 26 6 a. It is otherwise impossible for the owner to 26 7 access the public road because the parcel is 26 8 surrounded by land held by the department. 26 9 b. The parcel is otherwise surrounded by land with 26 10 a topography that makes access unreasonable. 26 11 c. Access by another way would cause degradation 26 12 or destroy the integrity of the land. 26 13 2. The department may grant access to the owner by 26 14 the sale, exchange, or other transfer of land or by 26 15 the grant of an easement. 26 16 3. A person entitled to access as provided in this 26 17 section may construct a road for automobile traffic 26 18 from the parcel to the public road. The owner shall 26 19 be responsible for constructing and maintaining any 26 20 private road from the parcel to the public road which 26 21 shall not be more than twenty feet in width unless 26 22 otherwise agreed to by the parties." 26 23 #77. By striking page 173, line 28, through page 26 24 174, line 11. 26 25 #78. Page 177, line 17, by striking the word and 26 26 figures "13B.4, subsection 2,". 26 27 #79. Page 177, by striking lines 20 through 24. 26 28 #80. Page 179, by inserting after line 19 the 26 29 following: 26 30 "Sec. ___. STATE APPEAL BOARD STREAMLINING. For 26 31 the fiscal year beginning July 1, 2004, the state 26 32 appeal board may pay out of any moneys in the state 26 33 treasury not otherwise appropriated for costs 26 34 associated with streamlining and improving the state 26 35 appeal board process." 26 36 #81. Page 179, by inserting after line 19 the 26 37 following: 26 38 "Sec. . Section 8.22A, subsection 3, Code 26 39 Supplement 2003, is amended to read as follows: 26 40 3. By December 15 of each fiscal year the 26 41 conference shall agree to a revenue estimate for the 26 42 fiscal year beginning the following July 1. That 26 43 estimate shall be used by the governor in the 26 44 preparation of the budget message under section 8.22 26 45 and by the general assembly in the budget process. If 26 46 the conference agrees to a different estimate at a 26 47 later meeting which projects a greater amount of 26 48 revenue than the initial estimate amount agreed to by 26 49 December 15, the governor and the general assembly 26 50 shall continue to use the initial estimate amount in 27 1 the budget process for that fiscal year. However, if 27 2 the conference agrees to a different estimate at a 27 3 later meeting which projects a lesser amount of 27 4 revenue than the initial estimate amount, the governor 27 5 and the general assembly shall use the lesser amount 27 6 in the budget process for that fiscal year. As used 27 7 in this subsection, "later meeting" means only those 27 8 later meetings which are held prior to the conclusion 27 9 of the regular session of the general assembly and, if 27 10 the general assembly holds an extraordinary session 27 11 prior to the commencement of the fiscal year to which 27 12 the estimate applies, those later meetings which are 27 13 held before or during the extraordinary session. 27 14 Sec. . Section 8.54, subsection 2, Code 2003, 27 15 is amended to read as follows: 27 16 2. There is created a state general fund 27 17 expenditure limitation for each fiscal yearbeginning27 18on or after July 1, 1993,calculated as provided in 27 19 this section. An expenditure limitation shall be used 27 20 for the portion of the budget process commencing on 27 21 the date the revenue estimating conference agrees to a 27 22 revenue estimate for the following fiscal year in 27 23 accordance with section 8.22A, subsection 3, and 27 24 ending with the governor's final approval or 27 25 disapproval of the appropriations bills applicable to 27 26 that fiscal year that were passed prior to July 1 of 27 27 that fiscal year in a regular or extraordinary 27 28 legislative session." 27 29 #82. Page 180, by inserting after line 5 the 27 30 following: 27 31 "Sec. . Section 8.62, Code Supplement 2003, is 27 32 amended by adding the following new subsection: 27 33 NEW SUBSECTION. 4. Notwithstanding any provision 27 34 of this section and sections 8.33 and 8.39 to the 27 35 contrary, if a full-time equivalent position budgeted 27 36 for within an appropriation from the general fund of 27 37 the state to a department or establishment other than 27 38 the state board of regents is vacant for all or a 27 39 portion of the fiscal year, an amount equal to the 27 40 salary and benefits associated with the time of 27 41 vacancy of the position shall be considered to be 27 42 encumbered for the period of the vacancy, shall not be 27 43 used for any other purpose, and the encumbered amount 27 44 shall revert to the general fund of the state at the 27 45 close of the fiscal year." 27 46 #83. Page 181, by inserting after line 15 the 27 47 following: 27 48 "Sec. . Section 35A.2, Code 2003, is amended to 27 49 read as follows: 27 50 35A.2 COMMISSION OF VETERANS AFFAIRS. 28 1 1. A commission of veterans affairs is created 28 2 consisting ofsevennine persons who shall be 28 3 appointed by the governor, subject to confirmation by 28 4 the senate. Members shall be appointed to staggered 28 5 terms of four years beginning and ending as provided 28 6 in section 69.19. The governor shall fill a vacancy 28 7 for the unexpired portion of the term. 28 8 2. Six commissioners shall be honorably discharged 28 9 members of the armed forces of the United States. The 28 10 American legion of Iowa, disabled American veterans 28 11 department of Iowa, veterans of foreign wars 28 12 department of Iowa, American veterans of World War II, 28 13 Korea, and Vietnam, the Vietnam veterans of America, 28 14 and the military order of the purple heart, through 28 15 their department commanders, shall submit two names 28 16 respectively from their organizations to the governor. 28 17 The governor shall appoint from each of the 28 18 organizations one representative to serve as a member 28 19 of the commission, unless the appointments would 28 20 conflict with the bipartisan and gender balance 28 21 provisions of sections 69.16 and 69.16A. In addition, 28 22 the governor shall appointone memberthree members of 28 23 the public, knowledgeable in the general field of 28 24 veterans affairs, to serve on the commission." 28 25 #84. Page 182, by inserting after line 2 the 28 26 following: 28 27 "Sec. . Section 35D.13, subsection 2, Code 28 28 2003, is amended by striking the subsection and 28 29 inserting in lieu thereof the following: 28 30 2. The commandant shall be a licensed nursing home 28 31 administrator." 28 32 #85. Page 182, by inserting after line 12 the 28 33 following: 28 34 "Sec. . Section 135C.31A, Code Supplement 2003, 28 35 is amended to read as follows: 28 36 135C.31A ASSESSMENT OF RESIDENTS – PROGRAM 28 37 ELIGIBILITY. 28 38 Beginning July 1, 2003, a health care facility 28 39 receiving reimbursement through the medical assistance 28 40 program under chapter 249A shall assist the Iowa 28 41 commission of veterans affairs in identifying, upon 28 42 admission of a resident, the resident's eligibility 28 43 for benefits through the federal department of 28 44 veterans affairs. The health care facility shall also 28 45 assist the Iowa commission of veterans affairs in 28 46 determining such eligibility for residents residing in 28 47 the facility on July 1, 2003. The department of 28 48 inspections and appeals, in cooperation with the 28 49 department of human services, shall adopt rules to 28 50 administer this section, including a provision that 29 1 ensures that if a resident is eligible for benefits 29 2 through the federal department of veterans affairs or 29 3 other third-party payor, the payor of last resort for 29 4 reimbursement to the health care facility is the 29 5 medical assistance program. This section shall not 29 6 apply to the admission of an individual to a state 29 7 mental health institute for acute psychiatric care or 29 8 to the admission of an individual to the Iowa veterans 29 9 home." 29 10 #86. Page 182, by inserting after line 12 the 29 11 following: 29 12 "Sec. . NEW SECTION. 153.40 MOBILE DENTAL 29 13 DELIVERY SYSTEM. 29 14 The Iowa department of public health shall 29 15 establish and implement a mobile dental delivery 29 16 system to make available dental supplies, portable 29 17 dental equipment, and vans to be used in transporting 29 18 the equipment to provide oral health services to and 29 19 improve the oral health of low-income persons who live 29 20 in federal or state-designated health professional 29 21 shortage areas and have the least access to oral 29 22 health services. The department shall coordinate the 29 23 program. Funds available for improving oral health 29 24 may also be used for loan forgiveness for dental 29 25 providers or to develop oral health training modules 29 26 for nursing home staff or other suitable staff who 29 27 provide oral health services to persons described in 29 28 this section." 29 29 #87. Page 182, line 27, by inserting after the 29 30 word "data" the following: "regarding the salaries 29 31 and benefits of administrators and". 29 32 #88. Page 182, line 28, by striking the words 29 33 "school year detailing contract settlement" and 29 34 inserting the following: "contract settlement". 29 35 #89. Page 183, by inserting before line 1 the 29 36 following: 29 37 "Sec. . Section 256D.3, subsection 3, Code 29 38 2003, is amended to read as follows: 29 39 3. Beginning January 15,20012005, the department 29 40 shall submit an annual report to the chairpersons and 29 41 ranking members of the senate and house education 29 42 committees that includes the statewide average school 29 43 district class size in basic skills instruction in 29 44 kindergarten through grade three, by grade level and 29 45 by district size, and describes school district 29 46 progress toward achieving early intervention block 29 47 grant program goals and the ways in which school 29 48 districts are using moneys received pursuant to 29 49section 256D.4this chapter and expended as provided 29 50 in section 256D.2." 30 1 #90. By striking page 183, line 32 through page 30 2 184, line 9, and inserting the following: 30 3 "Sec . Section 257.8, subsection 1, Code 30 4 Supplement 2003, is amended to read as follows: 30 5 1. STATE PERCENT OF GROWTH.The state percent of30 6growth for the budget year beginning July 1, 2003, is30 7two percent.The state percent of growth for the 30 8 budget year beginning July 1, 2004, is two percent. 30 9 The state percent of growth for the budget year 30 10 beginning July 1, 2005, is four percent. The state 30 11 percent of growth for each subsequent budget year 30 12 shall be established by statute which shall be enacted 30 13 within thirty days of the submission inthe year30 14precedingthe base year of the governor's budget under 30 15 section 8.21. The establishment of the state percent 30 16 of growth for a budget year shall be the only subject 30 17 matter of the bill which enacts the state percent of 30 18 growth for a budget year." 30 19 #91. Page 184, by striking lines 19 through 34. 30 20 #92. By striking page 184, line 35, through page 30 21 185, line 9. 30 22 #93. Page 186, by striking lines 3 and 4 and 30 23 inserting the following: "subdivision of the state,30 24except for county hospitals as provided in paragraph30 25"c" of this subsection,and which". 30 26 #94. Page 186, by striking lines 7 and 8 and 30 27 inserting the following: ""g", except that 30 28 institutions defined in paragraph "c" of this 30 29 subsection are exempt from the requirements of 30 30 paragraphs "a" and "b":" 30 31 #95. Page 186, lines 9 and 10, by striking the 30 32 words "a through" and inserting the following: "b 30 33 and". 30 34 #96. Page 186, by striking lines 12 through 15. 30 35 #97. Page 186, line 16, by striking the word 30 36 "Annually" and inserting the following: "Is 30 37 accredited by the north central association of 30 38 colleges and secondary schools accrediting agency 30 39 based on their requirements, are exempt from taxation 30 40 under section 501(c)(3) of the Internal Revenue Code, 30 41 and annually". 30 42 #98. Page 186, line 27, by inserting after the 30 43 word "chapter." the following: "An institution whose 30 44 income is not exempt from taxation under section 30 45 501(c) of the Internal Revenue Code and whose students 30 46 were eligible to receive Iowa tuition grant money in 30 47 the fiscal year beginning July 1, 2003, shall meet the 30 48 match requirements of this paragraph no later than 30 49 June 30, 2005." 30 50 #99. By striking page 186, line 35 through page 31 1 187, line 1 and inserting the following: 31 2 "NEW SUBSECTION. 23. Submit annually to the 31 3 department of education data regarding the salaries 31 4 and benefits of administrators and from the most 31 5 recent". 31 6 #100. Page 187, by striking lines 21 and 22 and 31 7 inserting the following: "board shall submit annually 31 8 to the department of education data regarding the 31 9 salaries and benefits of administrators and from the 31 10 most recent contract". 31 11 #101. Page 188, by inserting after line 13 the 31 12 following: 31 13 "Sec. . NEW SECTION. 280A.1 IOWA LEARNING 31 14 TECHNOLOGY INITIATIVE. 31 15 1. INITIATIVE. The Iowa learning technology 31 16 initiative is created to provide training and learning 31 17 opportunities to public and accredited nonpublic 31 18 school students in grade seven and their 31 19 administrators and teachers. 31 20 2. PILOT PROGRAM. The Iowa learning technology 31 21 commission created in section 280A.2 shall develop and 31 22 administer the Iowa learning technology initiative, 31 23 which shall include a pilot program. Upon the receipt 31 24 or pledge of sufficient moneys, as determined by the 31 25 commission, for deposit in the Iowa learning 31 26 technology fund created in section 280A.4, the pilot 31 27 program shall be implemented. A school district or 31 28 accredited nonpublic school may submit an application 31 29 to participate in the pilot program to the commission 31 30 no later than sixty days following receipt or pledge 31 31 of moneys into the Iowa learning technology fund. The 31 32 application shall include a written statement that 31 33 indicates a dedicated willingness to participate. 31 34 School districts or accredited nonpublic schools 31 35 chosen to participate in the pilot program shall have 31 36 demonstrated to the commission administrative 31 37 leadership, teacher willingness to participate, and 31 38 community support, and shall represent geographically 31 39 distinct rural, urban, and suburban areas of the 31 40 state. The commission shall notify applicants of 31 41 approval or disapproval of applications no later than 31 42 seventy-five days after the application deadline. 31 43 3. PUBLIC-PRIVATE PARTNERSHIP. 31 44 a. The Iowa learning technology commission shall, 31 45 in consultation with the department of education and 31 46 the department of administrative services, develop and 31 47 issue no later than forty-five days after the receipt 31 48 or pledge of moneys into the Iowa learning technology 31 49 fund, a request for proposals for one or more private 31 50 providers who shall partner with the state to 32 1 implement the pilot program phase of the initiative. 32 2 No later than forty-five days after the issuance of 32 3 the request for proposals, the commission shall select 32 4 finalists from among the proposals submitted. No 32 5 later than forty-five days after the selection of 32 6 finalists, the commission shall select one or more 32 7 private providers. 32 8 b. One or more private providers shall be selected 32 9 by the commission through a request for proposals 32 10 process for a total solutions learning technology 32 11 package that includes, but is not limited to, 32 12 hardware, software, professional development, and 32 13 service and support, which shall be managed by a 32 14 single point of contact responsible for the overall 32 15 implementation. The proposal selected by the 32 16 commission shall achieve significant efficiencies and 32 17 economies of scale, be interoperable with existing 32 18 technologies, and be consistent with the state's 32 19 economic development and education policies. In 32 20 selecting a private provider, the commission shall 32 21 consider all of the following with respect to the 32 22 private provider: 32 23 (1) Experience in the development and successful 32 24 implementation of large-scale, school-based wireless 32 25 and other learning technology projects, and the 32 26 technical ability to deliver a total solutions package 32 27 of learning technology for elementary and secondary 32 28 students and teachers. 32 29 (2) Demonstrated financial capability and long- 32 30 term stability to partner with the state over the term 32 31 of the private provider contract. 32 32 (3) Expertise, experience, and capabilities in 32 33 education practice and evaluation methods. 32 34 c. The commission shall conduct, in cooperation 32 35 with the attorney general, contract negotiations to 32 36 establish a public-private partnership on behalf of 32 37 the commission and enter into a contract negotiated 32 38 with one or more private providers to establish a 32 39 four-year learning technology pilot program to provide 32 40 a wireless laptop computer to each student, teacher, 32 41 and relevant administrator in a participating school 32 42 and implement the use of software, on-line courses, 32 43 and other appropriate learning technologies that have 32 44 been shown to improve academic achievement and 32 45 specified progress measures. The term of the contract 32 46 shall include the deployment of computers to students 32 47 and teachers in participating school districts and 32 48 accredited nonpublic schools in accordance with 32 49 subsection 2. 32 50 4. EVALUATION. To measure the effectiveness of 33 1 the pilot program established pursuant to subsection 33 2 2, the Iowa learning technology commission shall, at a 33 3 minimum, establish standards and methods of measuring 33 4 progress in the areas of increased student engagement, 33 5 decreased disciplinary problems, increased use of 33 6 computers for writing, analysis, and research, 33 7 movement toward student-centered classrooms, increased 33 8 parental involvement, and increases in standardized 33 9 test scores. The commission shall work cooperatively 33 10 with the department of education and the state board 33 11 of regents in establishing an evaluation process 33 12 pursuant to this subsection. 33 13 Sec. . NEW SECTION. 280A.2 COMMISSION – 33 14 MEMBERS. 33 15 1. COMMISSION CREATED. An Iowa learning 33 16 technology commission is created to establish the 33 17 policies and determine the necessary budget for 33 18 implementation of the Iowa learning technology 33 19 initiative. 33 20 2. MEMBERS. The commission shall initially be 33 21 appointed no later than July 1, 2004, and shall 33 22 consist of eighteen members appointed as follows: 33 23 a. Nine voting members who shall be members of the 33 24 general public and shall be appointed as follows: 33 25 (1) Two members shall be appointed by the 33 26 governor. 33 27 (2) Two members shall be appointed by the 33 28 president of the senate. 33 29 (3) One member shall be appointed by the minority 33 30 leader of the senate. 33 31 (4) Two members shall be appointed by the speaker 33 32 of the house of representatives. 33 33 (5) One member shall be appointed by the minority 33 34 leader of the house of representatives. 33 35 (6) One member who is a member of the state board 33 36 of education shall be appointed by the chairperson of 33 37 the state board. 33 38 b. Nine ex officio, nonvoting members who shall be 33 39 appointed as follows: 33 40 (1) One member representing public postsecondary 33 41 education institutions who is employed by a public 33 42 postsecondary education institution shall be appointed 33 43 by the governor. 33 44 (2) Three members representing three different 33 45 school districts shall be appointed by the governor as 33 46 follows: 33 47 (a) One member shall be a teacher employed by a 33 48 school district or area education agency who is 33 49 appointed from a list of three names submitted by a 33 50 certified employee organization representing teachers 34 1 licensed under chapter 272. 34 2 (b) One member shall be an administrator employed 34 3 by a school district who is appointed from a list of 34 4 three names submitted by a statewide organization 34 5 representing administrators licensed under chapter 34 6 272. 34 7 (c) One member shall be a member of a board of 34 8 directors of a school district who is appointed by a 34 9 statewide organization representing school boards. 34 10 (3) One member representing area education 34 11 agencies shall be appointed by the governor from a 34 12 list of three names submitted by area education agency 34 13 administrators. 34 14 (4) One member who is a member of the senate shall 34 15 be appointed by the president of the senate. 34 16 (5) One member who is a member of the senate shall 34 17 be appointed by the minority leader of the senate. 34 18 (6) One member who is a member of the house of 34 19 representatives shall be appointed by the speaker of 34 20 the house of representatives. 34 21 (7) One member who is a member of the house of 34 22 representatives shall be appointed by the minority 34 23 leader of the house. 34 24 3. EXPERIENCE AND SPECIAL KNOWLEDGE. In 34 25 appointing members to the commission, proper 34 26 consideration shall be given to persons with 34 27 experience or special knowledge in one or more of the 34 28 following areas: education, business, economic 34 29 development, technology, and finance. 34 30 4. BALANCE. Commission members shall be appointed 34 31 in compliance with sections 69.16 and 69.16A. 34 32 Appointments of public members shall be made to 34 33 provide broad representation of the various 34 34 geographical areas of the state insofar as possible. 34 35 5. CHAIRPERSONS. The commission shall elect a 34 36 chairperson and a vice chairperson annually from among 34 37 the voting members of the commission. A member shall 34 38 not serve as a chairperson or vice chairperson for 34 39 more than three consecutive years. 34 40 6. MEETINGS. The commission shall meet at least 34 41 three times each year. 34 42 7. QUORUM. A majority of the voting members 34 43 constitutes a quorum for the transaction of any 34 44 official business. 34 45 8. TERMS OF MEMBERS. The members shall be 34 46 appointed to three-year staggered terms and the terms 34 47 shall commence and end as provided by section 69.19. 34 48 If a vacancy occurs, a successor shall be appointed to 34 49 serve the unexpired term. A successor shall be 34 50 appointed in the same manner and subject to the same 35 1 qualifications as the original appointment to serve 35 2 the unexpired term. 35 3 9. EXPENSES. Members of the commission are 35 4 entitled to receive reimbursement for actual expenses 35 5 incurred while engaged in the performance of official 35 6 duties from the Iowa learning technology fund created 35 7 in section 280A.4, except that legislators' expenses 35 8 shall be paid from funds appropriated by section 2.12. 35 9 Sec. . NEW SECTION. 280A.3 COMMISSION PLAN – 35 10 GUIDING PRINCIPLES. 35 11 1. The Iowa learning technology commission created 35 12 in section 280A.2 shall develop a learning technology 35 13 plan to achieve the goal of preparing students for an 35 14 economy that is increasingly dependent on technology 35 15 and innovation. The commission shall examine the use 35 16 of technology in Iowa's and the nation's elementary 35 17 and secondary classrooms. 35 18 2. The plan developed by the commission shall 35 19 include, but not be limited to, the following: 35 20 a. The costs and benefits of each component of the 35 21 plan. 35 22 b. The professional development needed to 35 23 integrate learning technology into classroom 35 24 technology. 35 25 c. Strategies for implementation of the plan, 35 26 including, at a minimum, phasing in the plan over a 35 27 term of years. 35 28 d. Strategies that coordinate the learning 35 29 technology in kindergarten through grade twelve with 35 30 the initiatives and resources of the department of 35 31 education, Iowa communications network, area education 35 32 agencies, higher education institutions providing 35 33 approved practitioner preparation programs, and other 35 34 accredited postsecondary institutions in the state. 35 35 e. Procedures for data tracking and assessment of 35 36 the progress in implementing the goals of the 35 37 initiative and the plan. 35 38 f. Strategies to establish a public-private 35 39 partnership between state government and a private 35 40 sector business having relevant knowledge and 35 41 experience. 35 42 3. The plan shall be consistent with the following 35 43 guiding principles: 35 44 a. The plan shall promote equal opportunity for 35 45 and provide meaningful access to wireless and other 35 46 learning technology resources for all Iowa students 35 47 regardless of geographic location or economic means. 35 48 b. The plan shall support student achievement 35 49 through the integration of learning technologies that 35 50 are content-focused and that add value to existing 36 1 instructional methods. 36 2 c. The plan shall provide for the future 36 3 sustainability of learning technology resources by 36 4 adapting to future educational needs and technological 36 5 changes. 36 6 d. The plan shall provide professional development 36 7 and training programs for administrators, teachers and 36 8 other educators in the use and integration of learning 36 9 technology tools in curriculum development, 36 10 instructional methods, and student assessment systems. 36 11 e. The plan shall foster economic development 36 12 across all regions of the state and the preparation of 36 13 students for an economy that embraces technology and 36 14 innovation. 36 15 4. The plan shall be submitted to the general 36 16 assembly on or before December 15, 2004. 36 17 Sec. . NEW SECTION. 280A.4 FUND. 36 18 1. An Iowa learning technology fund is created in 36 19 the state treasury. The fund shall consist of moneys 36 20 including, but not limited to, moneys in the form of a 36 21 devise, gift, bequest, donation, federal or other 36 22 grant, reimbursement, repayment, judgment, transfer, 36 23 payment, or appropriation from any source intended to 36 24 be used for the purposes of the fund. 36 25 2. Moneys in the fund are appropriated to the Iowa 36 26 learning technology commission created in section 36 27 280A.2 for purposes of an Iowa learning technology 36 28 initiative created pursuant to section 280A.1. Moneys 36 29 in the fund shall not be subject to appropriation for 36 30 any other purpose by the general assembly. However, 36 31 moneys in the fund may be used for necessary audit 36 32 services, legal expenses, investment management fees 36 33 and services, and general administrative expenses 36 34 related to the management and administration of the 36 35 Iowa learning technology initiative. 36 36 3. Moneys in the fund are not subject to section 36 37 8.33. Notwithstanding section 12C.7, subsection 2, 36 38 interest or earnings on moneys deposited in the fund 36 39 shall be credited to the fund. 36 40 4. The fund shall be administered by the 36 41 commission, which shall make expenditures from the 36 42 fund consistent with the purposes of the initiative 36 43 without further appropriation. The fund shall be 36 44 administered in a manner that provides for the 36 45 financially sustainable support, use, and integration 36 46 of learning technology in Iowa schools through a 36 47 public-private partnership. Expenditures from the 36 48 fund shall be made consistent with the purposes of the 36 49 Iowa learning technology initiative to ensure one-to- 36 50 one access to and ubiquitous use of fully configured 37 1 laptop computers in grade seven in public and 37 2 accredited nonpublic school classrooms located 37 3 initially in a number of school districts and 37 4 accredited nonpublic schools in Iowa as determined by 37 5 the Iowa learning technology commission. 37 6 Sec. . NEW SECTION. 280A.5 REPEAL. 37 7 This chapter is repealed effective July 1, 2009." 37 8 #102. Page 190, line 14, by inserting after the 37 9 word "proposition" the following: "unless the period 37 10 is extended as provided in section 422E.2, subsection 37 11 5". 37 12 #103. Page 190, line 16, by striking the word 37 13 "The". 37 14 #104. Page 190, by striking lines 17 through 20. 37 15 #105. Page 191, by inserting before line 11 the 37 16 following: 37 17 "Sec. . Section 422E.2, subsection 5, 37 18 paragraphs a and b, Code Supplement 2003, are amended 37 19 to read as follows: 37 20 a. The tax may be repealed, the period of 37 21 imposition of the tax may be extended for additional 37 22 periods up to ten years each, or the rate increased, 37 23 but not above one percent, or decreased, or the use of 37 24 the revenues changed after an election at which a 37 25 majority of those voting on the question of repeal, 37 26 extension, rate change, or change in use favored the 37 27 repeal, extension, rate change, or change in use. The 37 28 election at which the question of repeal, extension, 37 29 rate change, or change in use is offered shall be 37 30 called and held in the same manner and under the same 37 31 conditions as provided in this section for the 37 32 election on the imposition of the tax. However, an 37 33 election on the change in use shall only be held in 37 34 the school district where the change in use is 37 35 proposed to occur. The election may be held at any 37 36 time but not sooner than sixty days following 37 37 publication of the ballot proposition. However, the 37 38 tax shall not be repealed before it has been in effect 37 39 for one year. 37 40 b. Within ten days of the election at which a 37 41 majority of those voting on the question favors the 37 42 imposition, repeal, extension, or change in the rate 37 43 of the tax, the county auditor shall give written 37 44 notice of the result of the election by sending a copy 37 45 of the abstract of the votes from the favorable 37 46 election to the director of revenue. Election costs 37 47 shall be apportioned among school districts within the 37 48 county on a pro rata basis in proportion to the number 37 49 of registered voters in each school district who 37 50 reside within the county and the total number of 38 1 registered voters within the county. 38 2 Sec. . Section 422E.3, subsection 1, Code 38 3 Supplement 2003, is amended to read as follows: 38 4 1. If a majority of those voting on the question 38 5 of imposition of a local sales and services tax for 38 6 school infrastructure purposes favors imposition of 38 7 the tax, the tax shall be imposed by the county board 38 8 of supervisors within the county pursuant to section 38 9 422E.2, at the rate specified fora ten-year duration38 10 the period provided in section 422E.1, subsection 2 on 38 11 the gross receipts taxed by the state under chapter 38 12 422, division IV. 38 13 Sec. . Section 422E.3A, subsection 2, paragraph 38 14 a, Code Supplement 2003, is amended to read as 38 15 follows: 38 16 a. A school district that is located in whole or 38 17 in part in a county that voted on and approved prior 38 18 to April 1, 2003, the local sales and services tax for 38 19 school infrastructure purposes and that has a sales 38 20 tax capacity per student above the guaranteed school 38 21 infrastructure amount shall receive for the remainder 38 22 of the unextended term of the tax an amount equal to 38 23 its pro rata share of the local sales and services tax 38 24 receipts as provided in section 422E.3, subsection 5, 38 25 paragraph "d", unless the school board passes a 38 26 resolution by October 1, 2003, agreeing to receive a 38 27 distribution pursuant to paragraph "b", subparagraph 38 28 (1). 38 29 Sec. . Section 422E.3A, subsection 2, paragraph 38 30 b, subparagraphs (1) and (3), Code Supplement 2003, 38 31 are amended to read as follows: 38 32 (1) A school district that is located in whole or 38 33 in part in a county that voted on and approved prior 38 34 to April 1, 2003, the local sales and services tax for 38 35 school infrastructure purposes and that has a sales 38 36 tax capacity per student below its guaranteed school 38 37 infrastructure amount shall receive for the remainder 38 38 of the unextended term of the tax an amount equal to 38 39 its pro rata share of the local sales and services tax 38 40 receipts as provided in section 422E.3, subsection 5, 38 41 paragraph "d", plus an amount equal to its 38 42 supplemental school infrastructure amount, unless the 38 43 school district passes a resolution by October 1, 38 44 2003, agreeing to receive only an amount equal to its 38 45 pro rata share as provided in section 422E.3, 38 46 subsection 5, paragraph "d", in all subsequent years. 38 47 (3) A school district that is located in whole or 38 48 in part in a county that voted on and approved the 38 49continuationextension of the tax pursuant to section 38 50 422E.2, subsection 5, on or after April 1, 2003, the 39 1 local sales and services tax for school infrastructure 39 2 purposes shall receive for any extended period an 39 3 amount equal to its pro rata share of the local sales 39 4 and services tax receipts as provided in section 39 5 422E.3, subsection 5, paragraph "d", not to exceed its 39 6 guaranteed school infrastructure amount. However, if 39 7 the school district's pro rata share is less than its 39 8 guaranteed school infrastructure amount, the district 39 9 shall receive an additional amount equal to its 39 10 supplemental school infrastructure amount." 39 11 #106. Page 194, line 2, by inserting after the 39 12 word "materials," the following: "and after 39 13 consultation with the public water supply and 39 14 consideration of all applicable rules relating to 39 15 remediation,". 39 16 #107. Page 194, lines 9 and 10, by striking the 39 17 words "are made available" and inserting the 39 18 following: "do not impose a financial obligation on 39 19 the part of the public water supply. Funds available 39 20 to or provided by the public water supply may be used 39 21 for system improvements made in conjunction with 39 22 replacement of the source". 39 23 #108. Page 194, by striking lines 15 through 17 39 24 and inserting the following: "standards. Nothing in 39 25 this paragraph shall affect the public water supply's 39 26 right to pursue recovery from a responsible party." 39 27 #109. Page 199, by inserting after line 27 the 39 28 following: 39 29 "Sec. . 2003 Iowa Acts, chapter 178, section 39 30 28, unnumbered paragraph 3, is amended to read as 39 31 follows: 39 32 Notwithstanding section 8.64, subsection 4, as 39 33 enacted by this division of this Act, the local 39 34 government innovation fund committee may provideup to39 3520 percent of theany amount appropriated in this 39 36 section in the form of forgivable loans or as grants 39 37 for those projects that propose a new and innovative 39 38 sharing initiative that would serve as an important 39 39 model for cities and counties. 39 40 Sec. . Notwithstanding section 8.33, moneys 39 41 appropriated in 2003 Iowa Acts, chapter 178, section 39 42 62, and 2003 Iowa Acts, chapter 181, section 11, 39 43 subsection 3, which remain unencumbered or unobligated 39 44 at the close of the fiscal year beginning July 1, 39 45 2003, shall not revert but shall remain available for 39 46 expenditure for the purposes for which they were 39 47 appropriated for the fiscal year beginning July 1, 39 48 2004." 39 49 #110. Page 199, by inserting before line 28 the 39 50 following: 40 1 "Sec. . 2004 Iowa Acts, House File 2490, 40 2 section 8, if enacted, is repealed." 40 3 #111. Page 199, by inserting after line 34 the 40 4 following: 40 5 "Sec. . 2003 Iowa Acts, First Extraordinary 40 6 Session, chapter 2, section 4, unnumbered paragraph 3, 40 7 is amended to read as follows: 40 8 Notwithstanding section 8.64, subsection 4, if 40 9 enacted by 2003 Iowa Acts, Senate File 453, section 40 10 27, the local government innovation fund committee may 40 11 provideup to 20 percent of theany amount 40 12 appropriated in this section in the form of forgivable 40 13 loans or as grants for those projects that propose a 40 14 new and innovative sharing initiative that would serve 40 15 as an important model for cities and counties." 40 16 "Sec. ___. UNFILLED VACANCIES – STATE BOARD OF 40 17 REGENTS. The state board of regents shall report on 40 18 the policies of the institutions under the authority 40 19 of the state board for addressing the budget 40 20 ramifications associated with unfilled vacant 40 21 positions. If a policy does not exist, the state 40 22 board shall provide for implementation of such a 40 23 policy and report concerning the policy to the 40 24 government oversight committees of the senate and 40 25 house of representatives. The report shall be 40 26 submitted on or before December 15, 2004." 40 27 #112. Page 199, line 34, by inserting after the 40 28 figure "2004." the following: "Funds appropriated in 40 29 this section remaining unencumbered or unobligated at 40 30 the end of the fiscal year beginning July 1, 2004, 40 31 shall not revert but shall remain available to be used 40 32 for the purposes designated and for a home ownership 40 33 assistance program for eligible members of the 40 34 national guard and reserves of the armed forces of the 40 35 United States and the members' immediate families." 40 36 #113. Page 203, by inserting after line 16 the 40 37 following: 40 38 "Sec. . MODIFIED ADDITIONAL ALLOWABLE GROWTH. 40 39 For the fiscal year beginning July 1, 2004, and ending 40 40 June 30, 2005, notwithstanding anything contrary in 40 41 section 257.18, subsection 2, if the board adopts a 40 42 resolution, not later than April 15, 2004, to increase 40 43 its participation in the instructional support program 40 44 under section 257.18 and a petition is not filed or if 40 45 the question is submitted to the registered voters of 40 46 the school district and the question is approved, the 40 47 school budget review committee shall establish 40 48 modified allowable growth for the school district for 40 49 the fiscal year beginning July 1, 2004, for the amount 40 50 of increased spending authority. The modified 41 1 allowable growth shall equal the sum of the increased 41 2 state aid, income surtax, and property tax portion of 41 3 the instructional support program requested by the 41 4 district. The district is not eligible for state aid 41 5 as determined under section 257.20 due to increased 41 6 participation percent." 41 7 #114. Page 204, by inserting after line 16 the 41 8 following: 41 9 "Sec. . APPOINTMENTS. The new appointees to 41 10 the commission of veterans affairs, pursuant to the 41 11 increase in the membership of the commission as 41 12 provided in this division of this Act, shall be 41 13 appointed by the governor, with one member being 41 14 appointed for an initial term of two years and one 41 15 member being appointed for an initial term of four 41 16 years." 41 17 #115. Page 204, by inserting after line 17 the 41 18 following: 41 19 " . The section of this division of this Act 41 20 enacting section 153.40 takes effect upon receipt of 41 21 the Iowa department of public health of federal 41 22 funding to establish a mobile dental delivery system. 41 23 The director of public health shall notify the Iowa 41 24 code editor that the funding has been received." 41 25 #116. Page 204, line 19, by striking the figure ", 41 26 257.16,". 41 27 #117. Page 204, line 23, by striking the figure 41 28 "422E.1,". 41 29 #118. Page 204, by striking lines 32 through 34 41 30 and inserting the following: 41 31 " . The section of this division of this Act 41 32 providing modified allowable growth for school 41 33 districts to participate in an instructional support 41 34 program, being deemed of immediate importance, takes 41 35 effect upon enactment. 41 36 . The section of the division of this Act 41 37 amending 2003 Iowa Acts, chapter 179, section 21, 41 38 being deemed of immediate importance, takes effect 41 39 upon enactment. 41 40 . The section of this division of this Act 41 41 relating to the nonreversion of moneys appropriated 41 42 pursuant to 2003 Iowa Acts, chapter 178, section 62, 41 43 and 2003 Iowa Acts, chapter 181, section 11, being 41 44 deemed of immediate importance, takes effect upon 41 45 enactment. 41 46 . The sections of this division of this Act 41 47 relating to the increase in membership of the 41 48 commission of veterans affairs, being deemed of 41 49 immediate importance, take effect upon enactment. 41 50 . The section of this division of this Act 42 1 repealing 2004 Iowa Acts, House File 2490, section 8, 42 2 if enacted, being deemed of immediate importance, 42 3 takes effect upon enactment. 42 4 . The sections of this division of this Act 42 5 amending sections 8.22A and 8.54, being deemed of 42 6 immediate importance, take effect upon enactment." 42 7 #119. By striking page 204, line 35 through page 42 8 205, line 21. 42 9 #120. By renumbering, relettering, or 42 10 redesignating and correcting internal references as 42 11 necessary. 42 12 SF 2298H 42 13 mg/es/25
Text: S05382 Text: S05384 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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