Text: SF00457 Text: SF00459 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 458 1 2 1 3 AN ACT 1 4 RELATING TO PUBLIC EXPENDITURE AND REGULATORY MATTERS, 1 5 COMPENSATING PUBLIC EMPLOYEES, MAKING AND REDUCING 1 6 APPROPRIATIONS, MODIFYING SALES AND USE TAXES, MODIFYING 1 7 THE INVESTMENT TAX CREDITS AND PREMIUM TAXES ON MUTUAL 1 8 INSURANCE ASSOCIATIONS, PROVIDING FOR RELATED MATTERS, 1 9 MAKING PENALTIES APPLICABLE, AND PROVIDING EFFECTIVE DATES. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 DIVISION I 1 14 MH/MR/DD ALLOWED GROWTH 1 15 Section 1. Section 426B.5, subsection 2, paragraph d, 1 16 subparagraphs (1) and (6), Code 2003, are amended to read as 1 17 follows: 1 18 (1) A county must apply to the board for assistance from 1 19 the risk pool on or beforeApril 1January 25 to cover an 1 20 unanticipated net expenditure amount in excess of the county's 1 21 current fiscal year budgeted net expenditure amount for the 1 22 county's services fund. The risk pool board shall make its 1 23 final decisions on or before February 25 regarding acceptance 1 24 or rejection of the applications for assistance and the total 1 25 amount accepted shall be considered obligated. For purposes 1 26 of applying for risk pool assistance and for repaying unused 1 27 risk pool assistance, the current fiscal year budgeted net 1 28 expenditure amount shall be deemed to be the higher of either 1 29 the budgeted net expenditure amount in the management plan 1 30 approved under section 331.439 for the fiscal year in which 1 31 the application is made or the prior fiscal year's net 1 32 expenditure amount. 1 33 (6) The total amount of risk pool assistance shall be 1 34 limited to the amount available in the risk pool for a fiscal 1 35 year. If the total amount of eligible assistance exceeds the 2 1 amount available in the risk pool the amount of assistance 2 2 paid shall be prorated among the counties eligible for 2 3 assistance. Moneys remaining unexpended or unobligated in the 2 4 risk poolat the close of a fiscal year shall remain available2 5for distribution in the succeeding fiscal yearfollowing the 2 6 risk pool board's decisions made pursuant to subparagraph (1) 2 7 shall be distributed to the counties eligible to receive 2 8 funding from the allowed growth factor adjustment 2 9 appropriation for the fiscal year using the distribution 2 10 methodology applicable to that appropriation. 2 11 Sec. 2. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 2 12 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 2 13 AND ALLOCATIONS – FISCAL YEAR 2004-2005. 2 14 1. There is appropriated from the general fund of the 2 15 state to the department of human services for the fiscal year 2 16 beginning July 1, 2004, and ending June 30, 2005, the 2 17 following amount, or so much thereof as is necessary, to be 2 18 used for the purpose designated: 2 19 For distribution to counties of the county mental health, 2 20 mental retardation, and developmental disabilities allowed 2 21 growth factor adjustment, as provided in this section in lieu 2 22 of the provisions of section 331.438, subsection 2, and 2 23 section 331.439, subsection 3, and chapter 426B: 2 24 .................................................. $ 23,738,749 2 25 2. The funding appropriated in this section is the allowed 2 26 growth factor adjustment for fiscal year 2004-2005, and is 2 27 allocated as follows: 2 28 a. For distribution as provided by law: 2 29 .................................................. $ 21,738,749 2 30 b. For deposit in the risk pool created in the property 2 31 tax relief fund and for distribution in accordance with 2 32 section 426B.5, subsection 2: 2 33 .................................................. $ 2,000,000 2 34 Sec. 3. 2002 Iowa Acts, chapter 1175, section 104, 2 35 subsections 2, 4 and 5, as amended by 2003 Iowa Acts, House 3 1 File 667, section 41, are amended to read as follows: 3 2 2. The following formula amounts shall be utilized only to 3 3 calculate preliminary distribution amounts for fiscal year 3 4 2003-2004 under this section by applying the indicated formula 3 5 provisions to the formula amounts and producing a preliminary 3 6 distribution total for each county: 3 7 a. For calculation of an allowed growth factor adjustment 3 8 amount for each county in accordance with the formula in 3 9 section 331.438, subsection 2, paragraph "b": 3 10 .................................................. $ 12,000,000 3 11 b. For calculation of a distribution amount for eligible 3 12 counties from the per capita expenditure target pool created 3 13 in the property tax relief fund in accordance with the 3 14 requirements in section 426B.5, subsection 1: 3 15 .................................................. $12,492,7123 16 14,492,000 3 17 c. For calculation of a distribution amount for counties 3 18 from the mental health and developmental disabilities (MH/DD) 3 19 community services fund in accordance with the formula 3 20 provided in the appropriation made for the MH/DD community 3 21 services fund for the fiscal year beginning July 1, 2003: 3 22 .................................................. $ 17,727,890 3 23 4. After applying the applicable statutory distribution 3 24 formulas to the amounts indicated in subsection 2 for purposes 3 25 to produce preliminary distribution totals, the department of 3 26 human services shall apply a withholding factor to adjust an 3 27 eligible individual county's preliminary distribution total. 3 28 An ending balance percentage for each county shall be 3 29 determined by expressing the county's ending balance on a 3 30 modified accrual basis under generally accepted accounting 3 31 principles for the fiscal year beginning July 1, 2002, in the 3 32 county's mental health, mental retardation, and developmental 3 33 disabilities services fund created under section 331.424A, as 3 34 a percentage of the county's gross expenditures from that fund 3 35 for that fiscal year. The withholding factor for a county 4 1 shall be the following applicable percent: 4 2 a. For an ending balance percentage of less than 10 4 3 percent, a withholding factor of 0 percent. In addition to 4 4 the county's adjusted distribution total, a county that is 4 5 subject to this paragraph "a" shall receive an inflation 4 6 adjustment equal to 2.6 percent of the gross expenditures 4 7 reported for the county's services fund for that fiscal year. 4 8 b. For an ending balance percentage of 10 through 24 4 9 percent, a withholding factor of 25 percent. 4 10 c. For an ending balance percentage of 25 through 34 4 11 percent, a withholding factor of 60 percent. 4 12d. For an ending balance percentage of 35 through 444 13percent, a withholding factor of 85 percent.4 14e.d. For an ending balance percentage of4535 percent or 4 15 more, a withholding factor of 100 percent. 4 16 5. The total withholding amounts applied pursuant to 4 17 subsection 4 shall be equal to a withholding target amount of 4 18$7,419,074 and the appropriation enacted by the Eightieth4 19General Assembly, 2003 Session, for the MH/DD community4 20services fund shall be reduced by the amount necessary to4 21attain the withholding target amount$9,418,362. If the 4 22 department of human services determines that the amount to be 4 23 withheld in accordance with subsection 4 is not equal to the 4 24 target withholding amount, the department shall adjust the 4 25 withholding factors listed in subsection 4 as necessary to 4 26 achieve the withholding target amount. However, in making 4 27 such adjustments to the withholding factors, the department 4 28 shall strive to minimize changes to the withholding factors 4 29 for those ending balance percentage ranges that are lower than 4 30 others and shall not adjust the zero withholding factor or the 4 31 inflation adjustment percentage specified in subsection 4, 4 32 paragraph "a". 4 33 DIVISION II 4 34 STANDING APPROPRIATIONS – REDUCTIONS 4 35 Sec. 4. GENERAL ASSEMBLY. The appropriations made 5 1 pursuant to section 2.12 for the expenses of the general 5 2 assembly and legislative agencies for the fiscal year 5 3 beginning July 1, 2003, and ending June 30, 2004, are reduced 5 4 by the following amount: 5 5 .................................................. $ 2,000,000 5 6 Sec. 5. REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 5 7 section 8.56, subsection 4, there is appropriated from the 5 8 cash reserve fund to the rebuild Iowa infrastructure fund 5 9 created in section 8.57 for the fiscal year beginning July 1, 5 10 2002, and ending June 30, 2003, the following amount: 5 11 .................................................. $ 2,150,000 5 12 Sec. 6. ENVIRONMENT FIRST FUND. Notwithstanding the 5 13 amount of the standing appropriation from the rebuild Iowa 5 14 infrastructure fund under section 8.57A, subsection 4, there 5 15 is appropriated from the rebuild Iowa infrastructure fund to 5 16 the environment first fund, in lieu of the appropriation made 5 17 in section 8.57A, for the fiscal year beginning July 1, 2002, 5 18 and ending June 30, 2003, the following amount: 5 19 .................................................. $ 18,445,000 5 20 Sec. 7. AT-RISK CHILDREN PROGRAMS. Notwithstanding the 5 21 standing appropriation in section 279.51, subsection 1, the 5 22 amount appropriated from the general fund of the state under 5 23 section 279.51, subsection 1, to the department of education 5 24 for the fiscal year beginning July 1, 2003, and ending June 5 25 30, 2004, is reduced by the following amount: 5 26 .................................................. $ 1,000,000 5 27 The amount of the reduction in this section shall be 5 28 prorated among the programs specified in section 279.51, 5 29 subsection 1, paragraphs "a", "b", and "c". 5 30 Sec. 8. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 5 31 Notwithstanding section 312.2, subsection 14, the amount 5 32 appropriated from the general fund of the state under section 5 33 312.2, subsection 14, to the state department of 5 34 transportation for public transit assistance under chapter 5 35 324A for the fiscal year beginning July 1, 2003, and ending 6 1 June 30, 2004, is reduced by the following amount: 6 2 .................................................. $ 1,298,675 6 3 Sec. 9. Section 294A.25, subsection 1, Code 2003, is 6 4 amended to read as follows: 6 5 1. For the fiscal year beginning July 1,20002003, and 6 6 for each succeeding year, there is appropriated from the 6 7 general fund of the state to the department of education the 6 8 amount ofeightyfifty-six million eight hundred ninety-one 6 9 thousand three hundred thirty-six dollars to be used to 6 10 improve teacher salaries. The moneys shall be distributed as 6 11 provided in this section. 6 12 Sec. 10. EFFECTIVE DATE. The sections of this division of 6 13 this Act relating to the appropriations made to the rebuild 6 14 Iowa infrastructure fund and environment first fund for the 6 15 fiscal year beginning July 1, 2002, being deemed of immediate 6 16 importance, take effect upon enactment. 6 17 DIVISION III 6 18 STANDING APPROPRIATIONS – LIMITATIONS 6 19 Sec. 11. Notwithstanding the standing appropriations in 6 20 the following designated sections for the fiscal year 6 21 beginning July 1, 2003, and ending June 30, 2004, the amounts 6 22 appropriated from the general fund of the state pursuant to 6 23 those sections for the following designated purposes shall not 6 24 exceed the following amounts: 6 25 1. For compensation of officers and enlisted persons and 6 26 their expenses while on state active duty as authorized in 6 27 section 29A.27: 6 28 .................................................. $ 432,450 6 29 2. For payment for nonpublic school transportation under 6 30 section 285.2: 6 31 .................................................. $ 7,799,550 6 32 If total approved claims for reimbursement for nonpublic 6 33 school pupil transportation claims exceed the amount 6 34 appropriated in this section, the department of education 6 35 shall prorate the amount of each claim. 7 1 3. For printing cigarette tax stamps under section 453A.7: 7 2 .................................................. $ 110,055 7 3 4. For the state's share of the cost of the peace 7 4 officers' retirement benefits under section 411.20: 7 5 .................................................. $ 2,816,189 7 6 5. For payment of livestock production credit refunds 7 7 under section 422.121: 7 8 .................................................. $ 1,815,735 7 9 6. For reimbursement for the homestead property tax credit 7 10 under section 425.1: 7 11 .................................................. $105,585,004 7 12 7. For reimbursement for the agricultural land and family 7 13 farm tax credits under section 426.1: 7 14 .................................................. $ 35,497,624 7 15 8. For reimbursement for the military service tax credit 7 16 under section 426A.1A: 7 17 .................................................. $ 2,569,712 7 18 9. For administration expenses of the state unemployment 7 19 compensation law under chapter 96: 7 20 .................................................. $ 450,000 7 21 10. For payment of certain interest costs due the federal 7 22 government under the federal Cash Management and Improvement 7 23 Act under section 421.31: 7 24 .................................................. $ 550,000 7 25 11. For funding the state's deferred compensation program 7 26 established for state employees under section 509A.12: 7 27 .................................................. $ 56,501 7 28 Sec. 12. ELDERLY AND DISABLED CREDIT. Notwithstanding the 7 29 standing appropriation in section 425.39, the amount 7 30 appropriated from the general fund of the state under section 7 31 425.39, for the fiscal year beginning July 1, 2003, and ending 7 32 June 30, 2004, for purposes of implementing the elderly and 7 33 disabled credit and reimbursement portion of the extraordinary 7 34 property tax and reimbursement division of chapter 425, shall 7 35 not exceed $16,651,800. The director shall pay, in full, all 8 1 claims to be paid during the fiscal year beginning July 1, 8 2 2003, for reimbursement of rent constituting property taxes 8 3 paid. If the amount of claims for credit for property taxes 8 4 due to be paid during the fiscal year beginning July 1, 2003, 8 5 exceeds the amount remaining after payment to renters, the 8 6 director of revenue and finance shall prorate the payments to 8 7 the counties for the property tax credit. In order for the 8 8 director to carry out the requirements of this section, 8 9 notwithstanding any provision to the contrary in sections 8 10 425.16 through 425.39, claims for reimbursement for rent 8 11 constituting property taxes paid filed before May 1, 2004, 8 12 shall be eligible to be paid in full during the fiscal year 8 13 ending June 30, 2004, and those claims filed on or after May 8 14 1, 2004, shall be eligible to be paid during the fiscal year 8 15 beginning July 1, 2004, and the director is not required to 8 16 make payments to counties for the property tax credit before 8 17 June 15, 2004. 8 18 Sec. 13. REDUCTION IN CREDITS NOT APPLICABLE. The 8 19 provision in section 25B.7 relating to the proration of the 8 20 property tax credits does not apply with respect to the amount 8 21 of state reimbursement for property tax credits under this 8 22 division. 8 23 DIVISION IV 8 24 REVENUE ADJUSTMENTS – APPROPRIATIONS 8 25 Sec. 14. IOWA ECONOMIC EMERGENCY AND RESERVE FUNDS – 8 26 EARNINGS. Notwithstanding section 8.55, subsection 4, and 8 27 section 8.56, subsection 1, for the fiscal year beginning July 8 28 1, 2003, and ending June 30, 2004, the interest and earnings 8 29 on moneys deposited in the Iowa economic emergency fund and 8 30 the cash reserve fund shall be credited to the general fund of 8 31 the state. 8 32 Sec. 15. USE OF REVERSIONS. Notwithstanding section 8.62, 8 33 if on June 30, 2004, a balance of an operational 8 34 appropriation, as defined in section 8.62, except for the 8 35 balances of charter agencies, as defined in section 7J.1, if 9 1 enacted by 2003 Iowa Acts, Senate File 453, remains unexpended 9 2 or unencumbered, the balance shall revert to the general fund 9 3 of the state as provided in section 8.33. 9 4 Sec. 16. KEEP IOWA BEAUTIFUL FUND. For the fiscal years 9 5 beginning July 1, 2002, and July 1, 2003, moneys credited to 9 6 the keep Iowa beautiful fund in accordance with section 9 7 422.12A are appropriated to the state department of 9 8 transportation to be used for the purposes provided in section 9 9 314.28. 9 10 Sec. 17. ENDOWMENT FOR IOWA'S HEALTH. For the fiscal year 9 11 beginning July 1, 2003, and ending June 30, 2004, of the 9 12 $70,000,000 to be deposited in the endowment for Iowa's health 9 13 account of the tobacco settlement trust fund under 2001 Iowa 9 14 Acts, chapter 174, section 1, subsection 1, the following 9 15 amount shall instead be deposited in the general fund of the 9 16 state: 9 17 .................................................. $ 20,000,000 9 18 Sec. 18. JUNIOR OLYMPICS. There is appropriated from the 9 19 general fund of the state to the department of economic 9 20 development for the fiscal year beginning July 1, 2003, and 9 21 ending June 30, 2004, the following amount, or so much thereof 9 22 as is necessary, to be used for the purpose designated: 9 23 For providing assistance to a city or nonprofit 9 24 organization hosting the national junior olympics: 9 25 .................................................. $ 50,000 9 26 MARGINS L 9 26 Sec. 19. REBUILD IOWA INFRASTRUCTURE FUND. 9 27 Notwithstanding section 8.57, subsection 5, there is 9 28 appropriated from the rebuild Iowa infrastructure fund 9 29 created in section 8.57, subsection 5, to the general 9 30 fund of the state during the fiscal year beginning 9 31 July 1, 2003, and ending June 30, 2004, the following 9 32 amount: 9 33 .................................................. $ 10,000,000 9 34 Sec. 20. IOWA LAW ENFORCEMENT ACADEMY. 2003 Iowa Acts, 9 35 Senate File 439, section 10, subsection 1, unnumbered 10 1 paragraph 2, if enacted, is amended to read as follows: 10 2 For salaries, support, maintenance, miscellaneous purposes, 10 3 including jailer training and technical assistance, and for 10 4 not more than the following full-time equivalent positions: 10 5 .................................................. $1,002,62910 6 1,047,629 10 7 ............................................... FTEs 30.05 10 8 Sec. 21. MILITARY PAY DIFFERENTIAL. There is appropriated 10 9 from the cash reserve fund to the department of revenue and 10 10 finance or its successor agency for the period beginning March 10 11 19, 2003, and ending June 30, 2003, the following amount, or 10 12 so much thereof as is necessary, for the purposes designated: 10 13 For a military pay differential program and health 10 14 insurance retention program for individuals activated for the 10 15 armed services of the United States, for employees on the 10 16 central payroll system: 10 17 .................................................. $ 1,810,000 10 18 Of the funds appropriated in this section, up to $10,000 is 10 19 transferred to the Iowa department of public health for 10 20 allocation to community mental health centers to provide 10 21 counseling services to persons who are members of the national 10 22 guard and reservists activated but as yet not sent to combat 10 23 zones and to the persons' family members. The sessions shall 10 24 be provided on a first come, first served basis and shall be 10 25 limited to three visits per family. 10 26 The department or agency receiving funds under this section 10 27 shall report monthly to the fiscal committee of the 10 28 legislative council on the use of the funds. 10 29 Notwithstanding section 8.33, unencumbered or unobligated 10 30 funds remaining on June 30, 2003, from the appropriation made 10 31 in this section shall not revert but shall remain available to 10 32 be used for the purposes designated in the following fiscal 10 33 year. 10 34 Sec. 22. ASSISTED LIVING PROGRAMS. Notwithstanding 10 35 section 231C.6, any fees remaining on June 30, 2003, in the 11 1 assisted living program fund created pursuant to section 11 2 231C.6 are appropriated to the department of inspections and 11 3 appeals for the fiscal year beginning July 1, 2003, and ending 11 4 June 30, 2004, to carry out the purposes of chapter 231C. 11 5 Sec. 23. COUNTY HOSPITALS. There is appropriated from the 11 6 general fund of the state to the department of human services 11 7 for the fiscal year beginning July 1, 2003, and ending June 11 8 30, 2004, the following amount, or so much thereof as is 11 9 necessary, for the purpose designated: 11 10 For support of operational expenses of county hospitals in 11 11 counties having a population of two hundred twenty-five 11 12 thousand or more: 11 13 .................................................. $ 312,000 11 14 Sec. 24. WORKFORCE DEVELOPMENT. There is appropriated 11 15 from the general fund of the state to the Iowa department of 11 16 workforce development for the fiscal year beginning July 1, 11 17 2003, and ending June 30, 2004, the following amount, or so 11 18 much thereof as is necessary, for the purpose designated: 11 19 For salaries and support and for the following full-time 11 20 equivalent positions: 11 21 .................................................. $ 250,000 11 22 ............................................... FTEs 5.00 11 23 The appropriation in this section shall be used for four 11 24 OSHA inspectors and one workers' compensation compliance 11 25 officer. The appropriation in this section is contingent upon 11 26 the enactment of 2003 Iowa Acts, Senate File 344, by the 11 27 Eightieth General Assembly, 2003 Regular Session. 11 28 Sec. 25. UNEMPLOYMENT TRUST FUND. There is appropriated 11 29 from moneys transferred to the state on March 13, 2002, 11 30 pursuant to section 903(d) of the federal Social Security Act, 11 31 as amended, to the department of workforce development, the 11 32 following amount, to be deposited, under the direction of the 11 33 department of workforce development, in the unemployment 11 34 compensation fund for the payment of unemployment benefits and 11 35 for the establishment of the unemployment compensation reserve 12 1 fund: 12 2 .................................................. $ 40,000,000 12 3 Sec. 26. UNEMPLOYMENT TAX AND CLAIM SYSTEM. There is 12 4 appropriated from moneys transferred to the state on March 13, 12 5 2002, pursuant to section 903(d) of the federal Social 12 6 Security Act, as amended, to the department of workforce 12 7 development, the following amount for purposes of automation 12 8 and technology for the unemployment tax and claim system: 12 9 .................................................. $ 20,000,000 12 10 Sec. 27. ENHANCED SERVICES TO CLAIMANTS. There is 12 11 appropriated from moneys transferred to the state on March 13, 12 12 2002, pursuant to section 903(d) of the federal Social 12 13 Security Act, as amended, to the department of workforce 12 14 development the following amount for purposes of 12 15 infrastructure improvements and the administrative and 12 16 technology costs associated with enhanced services to 12 17 unemployment benefit claimants for workforce and labor 12 18 exchange services: 12 19 .................................................. $ 20,700,000 12 20 Sec. 28. FEDERAL FISCAL RELIEF FUNDING. If the 12 21 one hundred eighth United States Congress enacts an 12 22 economic stimulus package that includes the provision 12 23 of discretionary funding to the state to provide state 12 24 or local government fiscal relief, the funding shall 12 25 be deposited in the fund created by section 8.41. 12 26 Sec. 29. Section 8.55, subsection 2, paragraph c, Code 12 27 2003, is amended to read as follows: 12 28 c. Notwithstanding paragraph "a", any moneys in excess of 12 29 the maximum balance in the economic emergency fund after the 12 30 distribution of the surplus in the general fund of the state 12 31 at the conclusion of each fiscal year and after the 12 32 appropriate amount has been transferred pursuant to paragraph 12 33 "b", shall not be transferred to the general fund of the state 12 34 but shall be transferred to the senior living trust fund. The 12 35 total amount transferred, in the aggregate, under this 13 1 paragraph for all fiscal years shall not exceedfifty-oneone 13 2 hundred eighteen millionfive hundred thousanddollars. 13 3 Sec. 30. Section 8.55, subsection 2, paragraph d, Code 13 4 2003, is amended to read as follows: 13 5 d. Notwithstanding paragraph "a", any moneys in excess of 13 6 the maximum balance in the economic emergency fund after the 13 7 distribution of the surplus in the general fund of the state 13 8 at the conclusion of each fiscal year and after the 13 9 appropriate amounts have been transferred pursuant to 13 10 paragraphs "b" and "c" shall not be transferred to the general 13 11 fund of the state but shall be transferred to the endowment 13 12 for Iowa's health account of the tobacco settlement trust 13 13 fund. The total amount transferred, in the aggregate, under 13 14 this paragraph for all fiscal years shall not exceed the 13 15 difference betweensixtyone hundred one millionfiveseven 13 16 hundred fifty-one thousand dollars and the amounts transferred 13 17 to the endowment for Iowa's health account to repay the 13 18 amounts transferred or appropriated from the endowment for 13 19 Iowa's health account in 2002 Iowa Acts, chapter 1165, 2002 13 20 Iowa Acts, chapter 1166, 2002 Iowa Acts, chapter 1167,and13 21 2002 Iowa Acts, Second Extraordinary Session, chapter 1003, 13 22 and 2003 Iowa Acts, House File 685. 13 23 Sec. 31. Section 8.57, subsection 1, paragraph a, 13 24 unnumbered paragraph 1, Code Supplement 2001, as enacted by 13 25 2002 Iowa Acts, Second Extraordinary Session, chapter 1001, 13 26 section 28, is amended to read as follows: 13 27 The "cash reserve goal percentage" for fiscal years 13 28 beginning on or after July 1,20032004, is seven and one-half 13 29 percent of the adjusted revenue estimate. For each fiscal 13 30 yearbeginning on or after July 1, 2003,in which the 13 31 appropriation of the surplus existing in the general fund of 13 32 the state at the conclusion of the prior fiscal year pursuant 13 33 to paragraph "b" was not sufficient for the cash reserve fund 13 34 to reach the cash reserve goal percentage for the current 13 35 fiscal year, there is appropriated from the general fund of 14 1 the state an amount to be determined as follows: 14 2 Sec. 32. Section 96.9, Code 2003, is amended by adding the 14 3 following new subsection: 14 4 NEW SUBSECTION. 8. UNEMPLOYMENT COMPENSATION RESERVE 14 5 FUND. 14 6 a. A special fund to be known as the unemployment 14 7 compensation reserve fund is created in the state treasury. 14 8 The reserve fund is separate and distinct from the 14 9 unemployment compensation fund. All moneys collected as 14 10 reserve contributions, as defined in paragraph "b", shall be 14 11 deposited in the reserve fund. The moneys in the reserve fund 14 12 may be used for the payment of unemployment benefits and shall 14 13 remain available for expenditure in accordance with the 14 14 provisions of this subsection. The treasurer of state shall 14 15 be the custodian of the reserve fund and shall disburse the 14 16 moneys in the reserve fund in accordance with this subsection 14 17 and the directions of the director of the department of 14 18 workforce development. 14 19 b. If the balance in the reserve fund on July 1 of the 14 20 preceding calendar year for calendar year 2004 and each year 14 21 thereafter is less than one hundred fifty million dollars, a 14 22 percentage of contributions, as determined by the director, 14 23 shall be deemed to be reserve contributions for the following 14 24 calendar year. If the percentage of contributions, termed the 14 25 reserve contribution tax rate, is not zero percent as 14 26 determined pursuant to this subsection, the combined tax rate 14 27 of contributions to the unemployment compensation fund and to 14 28 the unemployment compensation reserve fund shall be divided so 14 29 that a minimum of fifty percent of the combined tax rate 14 30 equals the unemployment contribution tax rate and a maximum of 14 31 fifty percent of the combined tax rate equals the reserve 14 32 contribution tax rate except for employers who are assigned a 14 33 combined tax rate of five and four-tenths. For those 14 34 employers, the reserve contribution tax rate shall equal zero 14 35 and their combined tax rate shall equal their unemployment 15 1 contribution rate. When the reserve contribution tax rate is 15 2 determined to be zero percent, the unemployment contribution 15 3 rate for all employers shall equal one hundred percent of the 15 4 combined tax rate. The reserve contributions collected in any 15 5 calendar year shall not exceed fifty million dollars. The 15 6 provisions for collection of contributions under section 96.14 15 7 are applicable to the collection of reserve contributions. 15 8 Reserve contributions shall not be deducted in whole or in 15 9 part by any employer from the wages of individuals in its 15 10 employ. All moneys collected as reserve contributions shall 15 11 not become part of the unemployment compensation fund but 15 12 shall be deposited in the reserve fund created in this 15 13 subsection. 15 14 c. Moneys in the reserve fund shall only be used to pay 15 15 unemployment benefits to the extent moneys in the unemployment 15 16 compensation fund are insufficient to pay benefits during a 15 17 calendar quarter. 15 18 d. The interest earned on the moneys in the reserve fund 15 19 shall be deposited in and credited to the reserve fund. 15 20 e. Moneys from interest earned on the unemployment 15 21 compensation reserve fund shall be used by the department only 15 22 upon appropriation by the general assembly and only for 15 23 purposes contained in section 96.7, subsection 12, for 15 24 department of workforce development rural satellite offices, 15 25 and for administrative costs to collect the reserve 15 26 contributions. 15 27 Sec. 33. Section 256D.4, subsection 2, unnumbered 15 28 paragraph 1, Code 2003, is amended to read as follows: 15 29For each fiscal year in the fiscal period beginning July 1,15 302001, and ending June 30, 2003, moneysMoneys appropriated 15 31 pursuant to section 256D.5, subsection 3, shall be allocated 15 32 to school districts as follows: 15 33 Sec. 34. Section 256D.5, subsection 3, Code 2003, is 15 34 amended to read as follows: 15 35 3. For each fiscal year of the fiscal period beginning 16 1 July 1, 2001, and ending June 30,20032004, the sum of thirty 16 2 million dollars. 16 3 Sec. 35. Section 260G.4B, subsection 1, Code 2003, is 16 4 amended to read as follows: 16 5 1. The total amount of program job credits from all 16 6 employers which shall be allocated for all accelerated career 16 7 education programs in the state in any one fiscal year shall 16 8 not exceed the sum of three million dollars in the fiscal year 16 9 beginning July 1, 2000, three million dollars in the fiscal 16 10 year beginning July 1, 2001, three million dollars in the 16 11 fiscal year beginning July 1, 2002, four million dollars in 16 12 the fiscal year beginning July 1, 2003, and six million 16 13 dollars in the fiscal year beginning July 1,20032004, and 16 14 every fiscal year thereafter. Any increase in program job 16 15 credits above the six-million-dollar limitation per fiscal 16 16 year shall be developed, based on recommendations in a study 16 17 which shall be conducted by the department of economic 16 18 development of the needs and performance of approved programs 16 19 in the fiscal years beginning July 1, 2000, and July 1, 2001. 16 20 The study's findings and recommendations shall be submitted to 16 21 the general assembly by the department by December 31, 2002. 16 22 The study shall include but not be limited to an examination 16 23 of the quality of the programs, the number of program 16 24 participant placements, the wages and benefits in program 16 25 jobs, the level of employer contributions, the size of 16 26 participating employers, and employer locations. A community 16 27 college shall file a copy of each agreement with the 16 28 department of economic development. The department shall 16 29 maintain an annual record of the proposed program job credits 16 30 under each agreement for each fiscal year. Upon receiving a 16 31 copy of an agreement, the department shall allocate any 16 32 available amount of program job credits to the community 16 33 college according to the agreement sufficient for the fiscal 16 34 year and for the term of the agreement. When the total 16 35 available program job credits are allocated for a fiscal year, 17 1 the department shall notify all community colleges that the 17 2 maximum amount has been allocated and that further program job 17 3 credits will not be available for the remainder of the fiscal 17 4 year. Once program job credits have been allocated to a 17 5 community college, the full allocation shall be received by 17 6 the community college throughout the fiscal year and for the 17 7 term of the agreement even if the statewide program job credit 17 8 maximum amount is subsequently allocated and used. 17 9 Sec. 36. Section 294A.25, subsection 10, Code 2003, is 17 10 amended to read as follows: 17 11 10. Fortheeach fiscal yearbeginning July 1, 2001, and17 12ending June 30, 2002, to the department of educationfrom17 13phase III moneysthe amount of forty-seven thousand dollars 17 14 for the Iowa mathematics and science coalition. 17 15 Sec. 37. Section 427B.19A, subsection 1, as amended by 17 16 2003 Iowa Acts, Senate File 453, if enacted, is amended to 17 17 read as follows: 17 18 1. The industrial machinery, equipment and computers 17 19 property tax replacement fund is created. For the fiscal year 17 20 beginning July 1, 1996, through the fiscal year ending June 17 21 30, 2004, there is appropriated annually from the general fund 17 22 of the state to the department of revenue and finance to be 17 23 credited to the industrial machinery, equipment and computers 17 24 property tax replacement fund, an amount sufficient to 17 25 implement this division. However, for the fiscal year 17 26 beginning July 1, 2003, the amount appropriated to the 17 27 department of revenue and finance to be credited to the 17 28 industrial machinery, equipment and computers tax replacement 17 29 fund isteneleven million two hundred eighty-one thousand six 17 30 hundred eighty-five dollars. 17 31 Sec. 38. 2001 Iowa Acts, chapter 174, section 1, 17 32 subsection 2, as amended by 2002 Iowa Acts, chapter 1174, 17 33 section 8, is amended to read as follows: 17 34 2. There is appropriated from the general fund of the 17 35 state to the endowment for Iowa's health account of the 18 1 tobacco settlement trust fund created in section 12E.12, for 18 2 the designated fiscal years, the following amounts, to be used 18 3 for the purposes specified in section 12E.12 for the endowment 18 4 for Iowa's health account: 18 5 FY 2001-2002 ..................................... $ 7,248,000 18 6 FY 2003-2004 ..................................... $28,251,00018 7 0 18 8 FY 2004-2005 ..................................... $ 29,785,000 18 9 FY 2005-2006 ..................................... $ 29,562,000 18 10 FY 2006-2007 ..................................... $ 17,773,000 18 11 Sec. 39. 2002 Iowa Acts, chapter 1173, section 18, is 18 12 amended to read as follows: 18 13 SEC. 18. POOLED TECHNOLOGY FUNDING – PRIOR ALLOCATIONS – 18 14 NONREVERSION. Notwithstanding section 8.33, moneys 18 15 appropriated and allocated in 2001 Iowa Acts, chapter 189, 18 16 section 5, subsection 1, which remain unobligated or 18 17 unexpended at the close of the fiscal year for which they were 18 18 appropriated shall not revert, but shall remain available for 18 19 expenditure for the purposes for which they were appropriated 18 20 and allocated, for the fiscalyearperiod beginning July 1, 18 21 2002, and ending June 30,20032004. 18 22 Sec. 40. 2002 Iowa Acts, Second Extraordinary Session, 18 23 chapter 1001, section 33, is amended to read as follows: 18 24 SEC. 33. EFFECTIVE DATE – APPLICABILITY. The amendments 18 25 to the following designated Code provisions in this division 18 26 of this Act take effect July 1,20032004: 18 27 1. Section 8.55, subsection 2, paragraph "a". 18 28 2. Section 8.56, subsection 4, paragraph "b". 18 29 3. Section 8.57, subsection 1, paragraph "a". 18 30 Sec. 41. FRANCHISE TAX REVENUE ALLOCATION. There is 18 31 appropriated from the franchise tax revenues deposited in the 18 32 general fund of the state to the department of revenue and 18 33 finance for the fiscal year beginning July 1, 2003, and ending 18 34 June 30, 2004, $8,800,000 to be allocated as follows: 18 35 1. Sixty percent to the general fund of the city from 19 1 which the tax is collected. 19 2 2. Forty percent to the county from which the tax is 19 3 collected. 19 4 If the financial institution maintains one or more offices 19 5 for the transaction of business, other than its principal 19 6 office, a portion of its franchise tax shall be allocated to 19 7 each office, based upon a reasonable measure of the business 19 8 activity of each office. The director of revenue and finance 19 9 shall prescribe, for each type of financial institution, a 19 10 method of measuring the business activity of each office. 19 11 Financial institutions shall furnish all necessary information 19 12 for this purpose at the request of the director. The 19 13 allocation shall be distributed quarterly. 19 14 Sec. 42. 2003 Iowa Acts, Senate File 453, section 28, if 19 15 enacted, is repealed. 19 16 RACING AND GAMING COMMISSION 19 17 Sec. 43. 2002 Iowa Acts, Second Extraordinary Session, 19 18 chapter 1003, section 9, subsection 1, is amended to read as 19 19 follows: 19 20 1. RACETRACK REGULATION 19 21 There is appropriated from the general fund of the state to 19 22 the racing and gaming commission of the department of 19 23 inspections and appeals for the fiscal year beginning July 1, 19 24 2002, and ending June 30, 2003, the following amount, or so 19 25 much thereof as is necessary, to be used for the purposes 19 26 designated: 19 27 For salaries, support, maintenance, and miscellaneous 19 28 purposes for the regulation of pari-mutuel racetracks, and for 19 29 not more than the following full-time equivalent positions: 19 30 .................................................. $2,083,76219 31 2,163,762 19 32 ............................................... FTEs 24.78 19 33 Of the funds appropriated in this subsection, $85,576 shall 19 34 be used to conduct an extended harness racing season. 19 35 Sec. 44. 2003 Iowa Acts, House File 655, section 24, if 20 1 enacted, is amended to read as follows: 20 2 SEC. 24. READY TO WORK PROGRAM COORDINATOR. There is 20 3 appropriated fromthe surplus funds in the long-term20 4disability reserve fund andthe workers' compensation trust 20 5 fund to the department of personnel for the fiscal year 20 6 beginning July 1, 2003, and ending June 30, 2004, the 20 7 following amount, or so much thereof as is necessary, to be 20 8 used for the purposes designated: 20 9 For the salary, support, and miscellaneous expenses for the 20 10 ready to work program and coordinator: 20 11 .................................................. $ 89,416 20 12The moneys appropriated pursuant to this section shall be20 13taken in equal proportions from the long-term disability20 14reserve fund and the workers' compensation trust fund.20 15 Sec. 45. 2003 Iowa Acts, House File 655, section 34, if 20 16 enacted, is amended to read as follows: 20 17 SEC. 34. READY TO WORK PROGRAM COORDINATOR. There is 20 18 appropriated fromthe surplus funds in the long-term20 19disability reserve fund andthe workers' compensation trust 20 20 fund to the department of administrative services for the 20 21 fiscal year beginning July 1, 2003, and ending June 30, 2004, 20 22 the following amount, or so much thereof as is necessary, to 20 23 be used for the purposes designated: 20 24 For the salary, support, and miscellaneous expenses for the 20 25 ready to work program and coordinator: 20 26 .................................................. $ 89,416 20 27The moneys appropriated pursuant to this section shall be20 28taken in equal proportions from the long-term disability20 29reserve fund and the workers' compensation trust fund.20 30 Sec. 46. CONTINGENT CASH RESERVE APPROPRIATION. 20 31 1. There is appropriated from the cash reserve fund to the 20 32 general fund of the state for the fiscal year beginning July 20 33 1, 2002, and ending June 30, 2003, for the purposes of 20 34 reducing or preventing any overdraft on or deficit in the 20 35 general fund of the state, an amount not to exceed 21 1 $50,000,000. 21 2 2. The appropriation made in subsection 1 is contingent 21 3 upon all of the following having occurred: 21 4 a. The revenue estimating conference estimate of general 21 5 fund receipts made during the last quarter of the fiscal year 21 6 was or the actual fiscal year receipts and accruals were at 21 7 least one-half of one percent less than the comparable 21 8 estimate made during the third quarter of the fiscal year. 21 9 b. The governor has implemented the uniform reductions in 21 10 appropriations required in section 8.31 as a result of 21 11 paragraph "a" and such reduction was insufficient to prevent 21 12 an overdraft on or deficit in the general fund of the state or 21 13 the governor did not implement uniform reductions in 21 14 appropriations because of the lateness of the estimated or 21 15 actual receipts and accruals under paragraph "a". 21 16 c. The balance of the general fund of the state at the end 21 17 of the fiscal year prior to the appropriation made in 21 18 subsection 1 was negative. 21 19 d. The governor has issued an official proclamation and 21 20 has notified the cochairpersons of the fiscal committee of the 21 21 legislative council and the legislative services agency that 21 22 the contingencies in paragraphs "a" through "c" have occurred 21 23 and the reasons why the uniform reductions specified in 21 24 paragraph "b" were insufficient or were not implemented to 21 25 prevent an overdraft on or deficit in the general fund of the 21 26 state. 21 27 3. If an appropriation is made pursuant to subsection 1 21 28 for a fiscal year, there is appropriated from the general fund 21 29 of the state to the cash reserve fund for the following fiscal 21 30 year, the amount of the appropriation made pursuant to 21 31 subsection 1. 21 32 Sec. 47. EFFECTIVE DATE. The following provisions of this 21 33 division of this Act, being deemed of immediate importance, 21 34 take effect upon enactment: 21 35 1. The section appropriating moneys from the keep Iowa 22 1 beautiful fund. 22 2 2. The section amending 2002 Iowa Acts, chapter 1173, 22 3 section 18, relating to the nonreversion of pooled technology 22 4 funding. 22 5 3. The section appropriating moneys from the cash reserve 22 6 fund for the military pay differential program. This section 22 7 applies retroactively to March 19, 2003. 22 8 4. The section appropriating moneys from the assisted 22 9 living program fund. 22 10 5. The section making the contingent appropriation from 22 11 the cash reserve fund. 22 12 6. The section amending 2002 Iowa Acts, Second 22 13 Extraordinary Session, chapter 1003, section 9, relating to 22 14 racetrack regulation. 22 15 7. The amendment to section 96.9. 22 16 DIVISION V 22 17 COMPENSATION AND BENEFITS 22 18 Sec. 48. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 22 19 GENERAL FUND. There is appropriated from the general fund of 22 20 the state to the salary adjustment fund for distribution by 22 21 the department of management to the various state departments, 22 22 boards, commissions, councils, and agencies, and to the state 22 23 board of regents for those persons employed at the state 22 24 school for the deaf and the Iowa braille and sight saving 22 25 school, for the fiscal year beginning July 1, 2003, and ending 22 26 June 30, 2004, the amount of $28,000,000, or so much thereof 22 27 as may be necessary, to fully fund annual pay adjustments, 22 28 expense reimbursements, and related benefits implemented 22 29 pursuant to the following: 22 30 1. The collective bargaining agreement negotiated pursuant 22 31 to chapter 20 for employees in the blue collar bargaining 22 32 unit. 22 33 2. The collective bargaining agreement negotiated pursuant 22 34 to chapter 20 for employees in the public safety bargaining 22 35 unit. 23 1 3. The collective bargaining agreement negotiated pursuant 23 2 to chapter 20 for employees in the security bargaining unit. 23 3 4. The collective bargaining agreement negotiated pursuant 23 4 to chapter 20 for employees in the technical bargaining unit. 23 5 5. The collective bargaining agreement negotiated pursuant 23 6 to chapter 20 for employees in the professional fiscal and 23 7 staff bargaining unit. 23 8 6. The collective bargaining agreement negotiated pursuant 23 9 to chapter 20 for employees in the clerical bargaining unit. 23 10 7. The collective bargaining agreement negotiated pursuant 23 11 to chapter 20 for employees in the professional social 23 12 services bargaining unit. 23 13 8. The collective bargaining agreement negotiated pursuant 23 14 to chapter 20 for employees in the community-based corrections 23 15 bargaining unit. 23 16 9. The collective bargaining agreements negotiated 23 17 pursuant to chapter 20 for employees in the judicial branch of 23 18 government bargaining units. 23 19 10. The collective bargaining agreement negotiated 23 20 pursuant to chapter 20 for employees in the patient care 23 21 bargaining unit. 23 22 11. The collective bargaining agreement negotiated 23 23 pursuant to chapter 20 for employees in the science bargaining 23 24 unit. 23 25 12. The annual pay adjustments, related benefits, and 23 26 expense reimbursements referred to in the sections of this 23 27 division of this Act for employees not covered by a collective 23 28 bargaining agreement. 23 29 Of the amount appropriated in this section, $2,668,000 23 30 shall be allocated to the judicial branch for the purpose of 23 31 funding annual pay adjustments, expense reimbursements, and 23 32 related benefits implemented for judicial branch employees. 23 33 In distributing the remainder of the amount appropriated in 23 34 this section, the department of management, in order to 23 35 address essential public protection functions and recognizing 24 1 the availability of funds appropriated in other Acts of the 24 2 general assembly and other sources, shall give priority, in 24 3 descending order, to the department of corrections, department 24 4 of human services, and department of public safety, and then 24 5 to the remaining state departments, boards, commissions, 24 6 councils, and agencies to which the appropriation is 24 7 applicable. 24 8 Sec. 49. NONCONTRACT STATE EMPLOYEES – GENERAL. 24 9 1. a. For the fiscal year beginning July 1, 2003, the 24 10 maximum salary levels of all pay plans provided for in section 24 11 19A.9, subsection 2, as they exist for the fiscal year ending 24 12 June 30, 2003, shall be increased by 2 percent for the pay 24 13 period beginning June 20, 2003, and any additional changes in 24 14 the pay plans shall be approved by the governor. 24 15 b. For the fiscal year beginning July 1, 2003, employees 24 16 may receive a step increase or the equivalent of a step 24 17 increase. 24 18 2. The pay plans for state employees who are exempt from 24 19 chapter 19A and who are included in the department of revenue 24 20 and finance's centralized payroll system shall be increased in 24 21 the same manner as provided in subsection 1, and any 24 22 additional changes in any executive branch pay plans shall be 24 23 approved by the governor. However, commencing July 1, 2003, 24 24 the consumer advocate shall receive an annual salary in the 24 25 same salary range as the chairperson and members of the 24 26 utilities board. 24 27 3. This section does not apply to members of the general 24 28 assembly, board members, commission members, salaries of 24 29 persons set by the general assembly in statute, salaries of 24 30 appointed state officers set by the governor, other persons 24 31 designated, employees designated under section 19A.3, 24 32 subsection 5, and employees covered by 581 IAC 4.6(3). 24 33 4. The pay plans for the bargaining eligible employees of 24 34 the state shall be increased in the same manner as provided in 24 35 subsection 1, and any additional changes in such executive 25 1 branch pay plans shall be approved by the governor. As used 25 2 in this section, "bargaining eligible employee" means an 25 3 employee who is eligible to organize under chapter 20, but has 25 4 not done so. 25 5 5. The policies for implementation of this section shall 25 6 be approved by the governor. 25 7 Sec. 50. STATE EMPLOYEES – STATE BOARD OF REGENTS. 25 8 1. Funds from the appropriation made in this division of 25 9 this Act from the general fund of the state to the salary 25 10 adjustment fund shall be allocated by the department of 25 11 management to the state board of regents for the purposes of 25 12 providing increases for state board of regents employees at 25 13 the state school for the deaf and the Iowa braille and sight 25 14 saving school who are addressed by that appropriation and 25 15 employees of the schools who are not covered by a collective 25 16 bargaining agreement. 25 17 2. The state board of regents office and the state 25 18 university of Iowa, Iowa state university of science and 25 19 technology, and the university of northern Iowa shall provide 25 20 from available sources pay adjustments, expense 25 21 reimbursements, and related benefits to fully fund the 25 22 following: 25 23 a. The collective bargaining agreement negotiated pursuant 25 24 to chapter 20 for employees in the university of northern Iowa 25 25 faculty bargaining unit. 25 26 b. The collective bargaining agreement negotiated pursuant 25 27 to chapter 20 for employees in the patient care bargaining 25 28 unit. 25 29 c. The collective bargaining agreement negotiated pursuant 25 30 to chapter 20 for employees in the science bargaining unit. 25 31 d. The collective bargaining agreement negotiated pursuant 25 32 to chapter 20 for employees in the state university of Iowa 25 33 graduate student bargaining unit. 25 34 e. The collective bargaining agreement negotiated pursuant 25 35 to chapter 20 for employees in the state university of Iowa 26 1 hospital and clinics tertiary health care bargaining unit. 26 2 f. The collective bargaining agreement negotiated pursuant 26 3 to chapter 20 for employees in the blue collar bargaining 26 4 unit. 26 5 g. The collective bargaining agreement negotiated pursuant 26 6 to chapter 20 for employees in the public safety bargaining 26 7 unit. 26 8 h. The collective bargaining agreement negotiated pursuant 26 9 to chapter 20 for employees in the security bargaining unit. 26 10 i. The collective bargaining agreement negotiated pursuant 26 11 to chapter 20 for employees in the technical bargaining unit. 26 12 j. The collective bargaining agreement negotiated pursuant 26 13 to chapter 20 for employees in the professional fiscal and 26 14 staff bargaining unit. 26 15 k. The collective bargaining agreement negotiated pursuant 26 16 to chapter 20 for employees in the clerical bargaining unit. 26 17 l. The annual pay adjustments, related benefits, and 26 18 expense reimbursements referred to in the sections of this 26 19 division of this Act for employees not covered by a collective 26 20 bargaining agreement. 26 21 Sec. 51. APPROPRIATIONS FROM ROAD FUNDS. 26 22 1. There is appropriated from the road use tax fund to the 26 23 salary adjustment fund for the fiscal year beginning July 1, 26 24 2003, and ending June 30, 2004, the following amount, or so 26 25 much thereof as may be necessary, to be used for the purpose 26 26 designated: 26 27 To supplement other funds appropriated by the general 26 28 assembly: 26 29 .................................................. $ 3,000,000 26 30 2. There is appropriated from the primary road fund to the 26 31 salary adjustment fund, for the fiscal year beginning July 1, 26 32 2003, and ending June 30, 2004, the following amount, or so 26 33 much thereof as may be necessary, to be used for the purpose 26 34 designated: 26 35 To supplement other funds appropriated by the general 27 1 assembly: 27 2 .................................................. $ 12,000,000 27 3 3. Except as otherwise provided in this division of this 27 4 Act, the amounts appropriated in subsections 1 and 2 shall be 27 5 used to fund the annual pay adjustments, expense 27 6 reimbursements, and related benefits for public employees as 27 7 provided in this division of this Act. 27 8 Sec. 52. SPECIAL FUNDS – AUTHORIZATION. To departmental 27 9 revolving, trust, or special funds, except for the primary 27 10 road fund or the road use tax fund, for which the general 27 11 assembly has established an operating budget, a supplemental 27 12 expenditure authorization is provided, unless otherwise 27 13 provided, in an amount necessary to fund salary adjustments as 27 14 otherwise provided in this division of this Act. 27 15 Sec. 53. GENERAL FUND SALARY MONEYS. Funds appropriated 27 16 from the general fund of the state in this division of this 27 17 Act relate only to salaries supported from general fund 27 18 appropriations of the state except for employees of the state 27 19 board of regents at the state school for the deaf and the Iowa 27 20 braille and sight saving school. The funds appropriated from 27 21 the general fund of the state for employees at the state 27 22 school for the deaf and the Iowa braille and sight saving 27 23 school of the state board of regents shall exclude general 27 24 university indirect costs and general university federal 27 25 funds. 27 26 Sec. 54. FEDERAL FUNDS APPROPRIATED. All federal grants 27 27 to and the federal receipts of the agencies affected by this 27 28 division of this Act which are received and may be expended 27 29 for purposes of this division of this Act are appropriated for 27 30 those purposes and as set forth in the federal grants or 27 31 receipts. 27 32 Sec. 55. STATE TROOPER MEAL ALLOWANCE. The sworn peace 27 33 officers in the department of public safety who are not 27 34 covered by a collective bargaining agreement negotiated 27 35 pursuant to chapter 20 shall receive the same per diem meal 28 1 allowance as the sworn peace officers in the department of 28 2 public safety who are covered by a collective bargaining 28 3 agreement negotiated pursuant to chapter 20. 28 4 Sec. 56. SALARY MODEL COORDINATOR. Of the funds 28 5 appropriated in this division of this Act from the general 28 6 fund of the state, $126,767 for the fiscal year beginning July 28 7 1, 2003, is allocated to the department of management for 28 8 salary and support of the salary model coordinator who shall 28 9 work in conjunction with the legislative fiscal bureau to 28 10 maintain the state's salary model used for analyzing, 28 11 comparing, and projecting state employee salary and benefit 28 12 information, including information relating to employees of 28 13 the state board of regents. The department of revenue and 28 14 finance, the department of personnel, the five institutions 28 15 under the jurisdiction of the state board of regents, the 28 16 eight judicial district departments of correctional services, 28 17 and the state department of transportation shall provide 28 18 salary data to the department of management and the 28 19 legislative fiscal bureau to operate the state's salary model. 28 20 The format and frequency of provision of the salary data shall 28 21 be determined by the department of management and the 28 22 legislative fiscal bureau. The information shall be used in 28 23 collective bargaining processes under chapter 20 and in 28 24 calculating the funding needs contained within the annual 28 25 salary adjustment legislation. A state employee organization 28 26 as defined in section 20.3, subsection 4, may request 28 27 information produced by the model, but the information 28 28 provided shall not contain information attributable to 28 29 individual employees. 28 30 DIVISION VI 28 31 CORRECTIVE PROVISIONS 28 32 Sec. 57. Section 8A.202, subsection 2, paragraph e, if 28 33 enacted by 2003 Iowa Acts, House File 534, is amended by 28 34 striking the paragraph and inserting in lieu thereof the 28 35 following: 29 1 e. Developing and maintaining an electronic repository for 29 2 public access to reference copies of agency mandated reports, 29 3 newsletters, and publications in conformity with section 29 4 304B.10, subsection 1, paragraph "h". The department shall 29 5 develop technical standards for an electronic repository in 29 6 consultation with the state librarian and the state archivist. 29 7 Sec. 58. 2003 Iowa Acts, House File 289, section 1, is 29 8 amended by striking the section and inserting in lieu thereof 29 9 the following: 29 10 SECTION 1. Section 12C.1, subsection 2, paragraph e, Code 29 11 2003, as amended by 2003 Iowa Acts, Senate File 395, is 29 12 amended by adding the following new subparagraph: 29 13 NEW SUBPARAGRAPH. (6) Moneys placed in a depository for 29 14 the purpose of completing an electronic financial transaction 29 15 pursuant to section 8A.222 or 331.427. 29 16 Sec. 59. Section 99E.9, subsection 2, Code 2003, as 29 17 amended by 2003 Iowa Acts, House File 171, section 31, is 29 18 amended to read as follows: 29 19 2. Subject to the approval of the board, the commissioner 29 20 may enter into contracts for the operation and marketing of 29 21 the lottery, except that the board may by rule designate 29 22 classes of contracts other than major procurements which do 29 23 not require prior approval by the board. A major procurement 29 24 shall be as the result of competitive bidding with the 29 25 contract being awarded to the responsible vendor submitting 29 26 the lowest and best proposal. However, before a contract for 29 27 a major procurement is awarded, the division of criminal 29 28 investigation of the department of public safety shall conduct 29 29 a thorough background investigation of the vendor to whom the 29 30 contract is to be awarded. The commissioner and board shall 29 31 consult with the division of criminal investigation and shall 29 32 provide, by rule, for the scope of the thorough background 29 33 investigations and due diligence with regard to the background 29 34 investigations to be conducted in connection with major 29 35 procurements. The vendor shall submit to the division of 30 1 criminal investigation appropriate investigation 30 2 authorizations to facilitate this investigation. The 30 3 background investigation by the division of criminal 30 4 investigation may include a national criminal historyrecord30 5 check through the federal bureau of investigation. The 30 6 screening of vendors or their employees through the federal 30 7 bureau of investigation shall be conducted by submission of 30 8 fingerprints through the state criminal history repository to 30 9 the federal bureau of investigation. As used in this 30 10 subsection, "major procurement" means consulting agreements 30 11 and the major procurement contract with a business 30 12 organization for the printing of tickets, or for purchase or 30 13 lease of equipment or services essential to the operation of a 30 14 lottery game. 30 15 Sec. 60. Section 99G.10, subsection 2, if enacted by 2003 30 16 Iowa Acts, Senate File 453, section 72, is amended to read as 30 17 follows: 30 18 2. Subject to the approval of the board, the chief 30 19 executive officer shall have the sole power to designate 30 20 particular employees as key personnel, but may take advice 30 21 from the department of personnel in making any such 30 22 designations. All key personnel shall be exempt from the 30 23 merit system described in chapter19A8A, article 4. The 30 24 chief executive officer and the board shall have the sole 30 25 power to employ, classify, and fix the compensation of key 30 26 personnel. All other employees shall be employed, classified, 30 27 and compensated in accordance withchapters 19Achapter 8A, 30 28 article 4, and chapter 20. 30 29 Sec. 61. Section 99G.22, subsection 1, if enacted by 2003 30 30 Iowa Acts, Senate File 453, is amended to read as follows: 30 31 1. The authority shall investigate the financial 30 32 responsibility, security, and integrity of any lottery system 30 33 vendor who is a finalist in submitting a bid, proposal, or 30 34 offer as part of a major procurement contract. Before a major 30 35 procurement contract is awarded, the division of criminal 31 1 investigation of the department of public safety shall conduct 31 2 a background investigation of the vendor to whom the contract 31 3 is to be awarded. The chief executive officer and board shall 31 4 consult with the division of criminal investigation and shall 31 5 provide for the scope of the background investigation and due 31 6 diligence to be conducted in connection with major procurement 31 7 contracts. At the time of submitting a bid, proposal, or 31 8 offer to the authority on a major procurement contract, the 31 9 authority shall require that each vendor submit to the 31 10 division of criminal investigation appropriate investigation 31 11 authorization to facilitate this investigation, together with 31 12 an advance of funds to meet the anticipated investigation 31 13 costs. If the division of criminal investigation determines 31 14 that additional funds are required to complete an 31 15 investigation, the vendor will be so advised. The background 31 16 investigation by the division of criminal investigation may 31 17 include a national criminal historyrecordcheck through the 31 18 federal bureau of investigation. The screening of vendors or 31 19 their employees through the federal bureau of investigation 31 20 shall be conducted by submission of fingerprints through the 31 21 state criminal historyrecordrepository to the federal bureau 31 22 of investigation. 31 23 Sec. 62. Section 99G.37, subsection 2, if enacted by 2003 31 24 Iowa Acts, Senate File 453, section 90, is amended to read as 31 25 follows: 31 26 2. In any bidding process, the authority may administer 31 27 its own bidding and procurement or may utilize the services of 31 28 the department ofgeneraladministrative services, or its31 29successor,or other state agency. 31 30 Sec. 63. Section 99G.38, subsection 3, if enacted by 2003 31 31 Iowa Acts, Senate File 453, section 91, is amended to read as 31 32 follows: 31 33 3. The state of Iowa offset program, as provided in 31 34 section421.178A.504, shall be available to the authority to 31 35 facilitate receipt of funds owed to the authority. 32 1 Sec. 64. Section 135.150, subsection 3, as enacted by 2003 32 2 Iowa Acts, House File 396, section 1, is amended to read as 32 3 follows: 32 4 3. "Director" means the directoror the director's32 5designeeof public health or the director's designee. 32 6 Sec. 65. Section 135.154, subsection 7, as enacted by 2003 32 7 Iowa Acts, House File 396, section 5, is amended to read as 32 8 follows: 32 9 7. Treat or order that individuals exposed to or infected 32 10 with disease receive treatment or prophylaxis. Treatment or 32 11 prophylaxis shall be administered by any qualified person 32 12 authorized to do so by the department. Treatment or 32 13 prophylaxis shall not be provided or ordered if the treatment 32 14 or prophylaxis is reasonably likely to lead to serious harm to 32 15 the affected individual. To prevent the spread of 32 16 communicable or potentially communicable disease, the 32 17 department may isolate or quarantine, pursuant to chapter 139A 32 18 and the rules implementing chapter 139A and this division of 32 19 this chapter, any individual who is unable or unwilling to 32 20 undergo treatment or prophylaxis pursuant to this section. 32 21 Sec. 66. Section 170.6, subsection 1, paragraph b, if 32 22 enacted by 2003 Iowa Acts, House File 624, is amended to read 32 23 as follows: 32 24 b. Failed to provide notice or access to the department of 32 25 natural resources and the department of agriculture and land 32 26 stewardship as required by section 170.5. 32 27 Sec. 67. Section 231.56A, if enacted by 2003 Iowa Acts, 32 28 Senate File 416, section 1, is amended to read as follows: 32 29 231.56A ELDER ABUSE INITIATIVE, EMERGENCY SHELTER, AND 32 30 SUPPORT SERVICES PROJECTS. 32 31 1. Through the state's service contract process adopted 32 32 pursuant to section 8.47, the department shall identify area 32 33 agencies on aging that have demonstrated the ability to 32 34 provide a collaborative response to the immediate needs of 32 35 elders in the area agency on aging service area for the 33 1 purpose of implementing elder abuse initiative, emergency 33 2 shelter, and support services projects. The projects shall be 33 3 implemented only in the counties within an area agency on 33 4 aging service area that have a multidisciplinary team 33 5 established pursuant to section 235B.1. 33 6 2. The target population of the projects shall be any 33 7 elder residing in the service area of an area agency on aging 33 8 who meets both of the following conditions: 33 9 a. Is the subject of a report of suspected dependent adult 33 10 abuse pursuant to chapter 235B. 33 11 b. Is not receiving assistance under a county management 33 12 plan approved pursuant to section 331.439. 33 13 3. The area agencies on aging implementing the projects 33 14 shall identify allowable emergency shelter and support 33 15 services, state funding, outcomes, reporting requirements, and 33 16 approved community resources from which services may be 33 17 obtained under the projects. The area agency on aging shall 33 18 identify at least one provider of case management services for 33 19 the project area. 33 20 4. The area agencies on aging shall implement the projects 33 21 and shall coordinate the provider network through the use of 33 22 referrals or other engagement of community resources to 33 23 provide services to elders. 33 24 5. The department shall award funds to the area agencies 33 25 on aging in accordance with the state's service contract 33 26 process. Receipt and expenditures of moneys under the 33 27 projects are subject to examination, including audit, by the 33 28 department. 33 29 6. This section shall not be construed and is not intended 33 30 as, and shall not imply, a grant of entitlement for services 33 31 to individuals who are not otherwise eligible for the services 33 32 or for utilization of services that do not currently exist or 33 33 are not otherwise available. 33 34 Sec. 68. Section 232.71B, subsection 7A, if enacted by 33 35 2003 Iowa Acts, House File 558, section 1, is amended to read 34 1 as follows: 34 2 7A. PROTECTIVE DISCLOSURE. If the department determines 34 3 that disclosure is necessary for the protection of a child, 34 4 the department may disclose to a subject of a child abuse 34 5 report referred to in section 235A.15, subsection 2, paragraph 34 6 "a", that an individual is listed in the child or dependent 34 7 adult abuse registry or is required to register with the sex 34 8 offender registry in accordance with chapter 692A. 34 9 Sec. 69. Section 235B.3, subsection 6A, if enacted by 2003 34 10 Iowa Acts, House File 558, section 2, is amended to read as 34 11 follows: 34 12 6A. If the department determines that disclosure is 34 13 necessary for the protection of a dependent adult, the 34 14 department may disclose to a subject of a dependent adult 34 15 abuse report referred to in section 235B.6, subsection 2, 34 16 paragraph "a", that an individual is listed in the child or 34 17 dependent adult abuse registry or is required to register with 34 18 the sex offender registry in accordance with chapter 692A. 34 19 Sec. 70. Section 304B.3, subsections 4, 8, and 9, if 34 20 enacted by 2003 Iowa Acts, House File 648, section 6, are 34 21 amended to read as follows: 34 22 4. The director of revenueand finance. 34 23 8. The director of the department ofgeneral34 24 administrative services. 34 259. The director of the information technology department.34 26 Sec. 71. Section 321.69, subsection 9, as amended by 2003 34 27 Iowa Acts, House File 502, section 3, is amended to read as 34 28 follows: 34 29 9.ThisExcept for subsection 9A, this section does not 34 30 apply to motor trucks and truck tractors with a gross vehicle 34 31 weight rating of sixteen thousand pounds or more, vehicles 34 32 more than nine model years old, motorcycles, motorized 34 33 bicycles, and special mobile equipment. This section does 34 34 apply to motor homes. The requirement in subsection 1 that 34 35 the new certificate of title and registration receipt shall 35 1 state on the face of the title the total cumulative dollar 35 2 amount of damage does not apply to a vehicle with a 35 3 certificate of title bearing a designation that the vehicle 35 4 was previously titled on a salvage certificate of title 35 5 pursuant to section 321.52, subsection 4, paragraph "b", or to 35 6 a vehicle with a certificate of title bearing a "REBUILT" or 35 7 "SALVAGE" designation pursuant to section 321.24, subsection 4 35 8 or 5.ThisExcept for subsection 9A, this section does not 35 9 apply to new motor vehicles with a true mileage, as defined in 35 10 section 321.71, of one thousand miles or less, unless such 35 11 vehicle has incurred damage as defined in subsection 2. 35 12 Sec. 72. Section 356.7, subsection 1, as amended by 2003 35 13 Iowa Acts, House File 650, section 1, if enacted, is amended 35 14 to read as follows: 35 15 1. The county sheriff, or a municipality operating a 35 16 temporary municipal holding facility or jail, may charge a 35 17 prisoner who is eighteen years of age or older and who has 35 18 been convicted of a criminal offense or sentenced for contempt 35 19 of court for violation of a domestic abuse order for the 35 20 actual administrative costs relating to the arrest and booking 35 21 of that prisoner, and for room and board provided to the 35 22 prisoner while in the custody of the county sheriff or 35 23 municipality. Moneys collected by the sheriff or municipality 35 24 under this section shall be creditedrespectfullyrespectively 35 25 to the county general fund or the city general fund and 35 26 distributed as provided in this section. If a prisoner who 35 27 has been convicted of a criminal offense or sentenced for 35 28 contempt of court for violation of a domestic abuse order 35 29 fails to pay for the administrative costs and the room and 35 30 board, the sheriff or municipality may file a room and board 35 31 reimbursement claim with the district court as provided in 35 32 subsection 2. The county attorney may file the reimbursement 35 33 claim on behalf of the sheriff and the county or the 35 34 municipality. The attorney for the municipality may also file 35 35 a reimbursement claim on behalf of the municipality. This 36 1 section does not apply to prisoners who are paying for their 36 2 room and board by court order pursuant to sections 356.26 36 3 through 356.35. 36 4 Sec. 73. Section 459.401, subsection 2, paragraph a, 36 5 subparagraph (3A), if enacted by 2003 Iowa Acts, House File 36 6 644, section 18, is amended to read as follows: 36 7 (3A) A commercial manure service license fee as provided 36 8 in section359.316459.316. 36 9 Sec. 74. Section 505A.1, article V, section 2, paragraph 36 10 a, subparagraph (3), if enacted by 2003 Iowa Acts, House File 36 11 647, section 54, is amended to read as follows: 36 12 (3) Four members from those compacting states with less 36 13 than two percent of the market, based on the premium volume 36 14 described in subparagraph (1), with one selected from each of 36 15 the four zone regions of the national association of insurance 36 16 commissioners as provided in the bylaws. 36 17 Sec. 75. Section 508.31A, subsection 2, paragraph b, Code 36 18 2003, as amended by 2003 Iowa Acts, House File 647, section 7, 36 19 if enacted, is amended to read as follows: 36 20 b. A funding agreement issued pursuant to paragraph "a", 36 21 subparagraph (1), (2), or (3), shall be for a total amount of 36 22 not less than one million dollars. 36 23 Sec. 76. Section 692A.13, subsection 9, if enacted by 2003 36 24 Iowa Acts, House File 558, section 3, is amended to read as 36 25 follows: 36 26 9. If the department of human services determines that 36 27 disclosure is necessary for the protection of a child or a 36 28 dependent adult, the department may disclose to a subject of a 36 29 child abuse report referred to in section 235A.15, subsection 36 30 2, paragraph "a", or to a subject of a dependent adult abuse 36 31 report referred to in section 235B.6, subsection 2, paragraph 36 32 "a", that an individual is listed in the child or dependent 36 33 adult abuse registry or is required to register under this 36 34 chapter. 36 35 Sec. 77. Section 901.5, subsection 7A, paragraph d, as 37 1 enacted by 2003 Iowa Acts, House File 404, section 1, is 37 2 amended to read as follows: 37 3 d. Violation of a no-contact order issued under this 37 4 section is punishable by summary contempt proceedings. A 37 5 hearing in a contempt proceeding brought pursuant to this 37 6 subsection shall be held not less than five days and not more 37 7 than fifteen days after the issuance of a rule to show cause, 37 8 as set by the court, unless the defendant is already in 37 9 custody at the time of the alleged violation in which case the 37 10 hearing shall be held not less than five days and not more 37 11 than forty-five days after the issuance of the rule to show 37 12 cause. 37 13 Sec. 78. 2003 Iowa Acts, Senate File 155, section 26, is 37 14 repealed. 37 15 Sec. 79. 2003 Iowa Acts, Senate File 155, section 56, is 37 16 repealed. 37 17 Sec. 80. 2003 Iowa Acts, Senate File 453, section 44, 37 18 subsection 8, if enacted, is amended to read as follows: 37 19 8. STATUTORY REQUIREMENTS. The requirements of sections 37 2018.68A.311 and 72.3 and the administrative rules implementing 37 21 section 8.47 are not applicable to the services procurement 37 22 process used to implement the outcomes-based service system 37 23 redesign in accordance with this section. The department of 37 24 human services may enter into competitive negotiations and 37 25 proposal modifications with each successful contractor as 37 26 necessary to implement the provisions of this section. 37 27 Sec. 81. 2003 Iowa Acts, House File 601, section 2, is 37 28 amended by striking the section and inserting in lieu thereof 37 29 the following: 37 30 SEC. 2. Section 56.5, subsection 2, paragraph d, Code 37 31 2003, is amended by striking the paragraph. 37 32 Sec. 82. 2003 Iowa Acts, House File 624, section 22, if 37 33 enacted, is amended to read as follows: 37 34 SEC. 22. HUNTING PRESERVES AND GAME BREEDERS – AUTOMATIC 37 35 CERTIFICATION.AnyA fence enclosing farm deer kept on land 38 1 which is owned by a person licensed pursuant to section 484B.5 38 2 or 481A.61and which is enclosed with a fenceon the effective 38 3 date of this Act shall be deemed to comply with construction 38 4 requirements of section 170.4 and shall be automatically 38 5 certified by the department of agriculture and land 38 6 stewardship withoutsubmittingsubmission of an application. 38 7 The landowner is not required to notify the department of 38 8 natural resources concerning removal of whitetail as otherwise 38 9 required pursuant to section 170.5. 38 10 Sec. 83. 2003 Iowa Acts, House File 648, section 1, if 38 11 enacted, is repealed. 38 12 Sec. 84. CONTINGENT EFFECTIVE DATES. 38 13 1. The section of this division of this Act amending 38 14 section 8A.202, subsection 2, if enacted by 2003 Iowa Acts, 38 15 House File 534, takes effect if House File 648, relating to 38 16 the management of state archives and records, is enacted by 38 17 the Eightieth General Assembly, 2003 Regular Session. 38 18 2. The sections of this division of this Act amending 38 19 sections 12C.1, 99G.10, 99G.37, and 99G.38 take effect only if 38 20 House File 534 is enacted by the Eightieth General Assembly, 38 21 2003 Regular Session. 38 22 3. The sections of this division of this Act amending 38 23 section 304B.3, if enacted by 2003 Iowa Acts, House File 648, 38 24 and repealing 2003 Iowa Acts, House File 648, section 1, if 38 25 enacted, take effect if House File 534, establishing a 38 26 department of administrative services, is enacted by the 38 27 Eightieth General Assembly, 2003 Regular Session. 38 28 4. The section of this division of this Act repealing 2003 38 29 Iowa Acts, Senate File 155, section 26, takes effect if 2003 38 30 Iowa Acts, House File 614, relating to elections, is enacted 38 31 by the Eightieth General Assembly, 2003 Regular Session. 38 32 DIVISION VII 38 33 MISCELLANEOUS PROVISIONS 38 34 Sec. 85. Section 7J.1, subsection 1, if enacted by 2003 38 35 Iowa Acts, Senate File 453, is amended to read as follows: 39 1 7J.1 CHARTER AGENCIES. 39 2 1. DESIGNATION OF CHARTER AGENCIES – PURPOSE. The 39 3 governor may, by executive order, designateup to fivestate 39 4 departments or agencies, as described in section 7E.5, other 39 5 than the department of administrative services, if the 39 6 department is established in law, or the department of 39 7 management, as a charter agency by July 1, 2003. The 39 8 designation of a charter agency shall be for a period of five 39 9 years which shall terminate as of June 30, 2008. The purpose 39 10 of designating a charter agency is to grant the agency 39 11 additional authority as provided by this chapter while 39 12 reducing the total appropriations to the agency. 39 13 Sec. 86. Section 7J.1, subsection 3, paragraph a, if 39 14 enacted by 2003 Iowa Acts, Senate File 453, is amended to read 39 15 as follows: 39 16 a. It is the intent of the general assembly that state 39 17 general fund operating appropriations to a charter agency for 39 18anythe fiscal year beginning July 1, 2003, and ending June 39 19 30, 2004, shall be reduced, with a target reduction of ten39 20percent for each charter agency,from the appropriation that 39 21 would otherwise have been enacted for that charter agency 39 22 which, along with any additional generated revenue to the 39 23 general fund of the state attributed to the reinvention 39 24 process as determined by the department of management, over 39 25 that already committed to the general fund of the state by a 39 26 charter agency, will achieve an overall target of fifteen 39 27 million dollars. 39 28 Sec. 87. Section 7J.2, if enacted by 2003 Iowa Acts, 39 29 Senate File 453, is amended to read as follows: 39 30 7J.2 CHARTER AGENCYLOANGRANT FUND. 39 31 1. A charter agencyloangrant fund is created in the 39 32 state treasury under the control of the department of 39 33 management for the purpose of providing funding to support 39 34 innovation by those state agencies designated as charter 39 35 agencies in accordance with section 7J.1. Innovation purposes 40 1 shall include but are not limited to training, development of 40 2 outcome measurement systems, management system modifications, 40 3 and other modifications associated with transition of 40 4 operations to charter agency status. Moneys in the fund are 40 5 appropriated to the department of management for the purposes 40 6 described in this subsection. 40 7 2. A charter agency requesting aloangrant from the fund 40 8 shall complete an application process designated by the 40 9 director of the department of management.Minimum loan40 10requirements for charter agency requests shall be determined40 11by the director.40 123. In order for the fund to be self-supporting, the40 13director of the department of management shall establish40 14repayment schedules for each loan awarded. An agency shall40 15repay the loan over a period not to exceed five years with40 16interest, at a rate to be determined by the director.40 174.3. Notwithstanding section 12C.7, subsection 2, 40 18 interest or earnings on moneys deposited in the charter agency 40 19loangrant fund shall be credited to the charter agencyloan40 20 grant fund. Notwithstanding section 8.33, moneys credited to 40 21 the charter agencyloangrant fund shall not revert to the 40 22 fund from which appropriated at the close of a fiscal year. 40 23 Sec. 88. Section 8.23, subsection 1, paragraph a, Code 40 24 2003, is amended by striking the paragraph. 40 25 Sec. 89. Section 8.31, Code 2003, is amended to read as 40 26 follows: 40 27 8.31QUARTERLY REQUISITIONS –ALLOTMENTS OF 40 28 APPROPRIATIONS – EXCEPTIONS – MODIFICATIONS. 40 29 1. a. Before an appropriationfor administration,40 30operation and maintenanceof any department or establishment 40 31shall becomebecomes available,there shall be submittedthe 40 32 department or establishment shall submit to the director of 40 33 the department of management, not less than twenty days before40 34the beginning of each quarter of each fiscal year,a 40 35 requisition foranallotment of theamount estimated to be41 1necessary to carry on its workappropriation according to 41 2 dates identified in the requisition during theensuing quarter41 3 fiscal year by which portions of the appropriation will be 41 4 needed. The department or establishment shall submit the 41 5 requisition by June 1, prior to the start of a fiscal year or 41 6 by another date identified by the director. The requisition 41 7 shall contain details of proposed expenditures as may be 41 8 required by the directorof the department of management41 9 subject to review by the governor. 41 10 b. The director of the department of management shall 41 11 approve the allotments subject to review by the governor, 41 12 unless it is found that the estimated budget resources during 41 13 the fiscal year are insufficient to pay all appropriations in 41 14 full, in which event such allotments may be modified to the 41 15 extent the governor may deem necessary in order that there 41 16 shall be no overdraft or deficit in the several funds of the 41 17 state at the end of the fiscal year, and the director shall 41 18 submit copies of the allotments thus approved or modified to 41 19 the head of the department or establishment concerned, who 41 20 shall set up such allotments on the books and be governed 41 21 accordingly in the control of expenditures. 41 22Allotments of appropriations made for equipment, land,41 23permanent improvements, and other capital projects may,41 24however, be allotted in one amount by major classes or41 25projects for which they are expendable without regard to41 26quarterly periods. For fiscal years beginning on or after41 27July 1, 1989, allotments of appropriations for equipment,41 28land, permanent improvements, and other capital projects,41 29except where contracts have been entered into with regard to41 30the acquisition or project prior to July 1, 1989, shall not be41 31allotted in one amount but shall be allotted at quarterly41 32periods as provided in this section.41 33 2. Allotmentsthusmade in accordance with subsection 1 41 34 may be subsequently modified by the director of the department 41 35 of management at the direction of the governor either upon the 42 1 written request of the head of the department or establishment 42 2 concerned, or in the event the governor finds that the 42 3 estimated budget resources during the fiscal year are 42 4 insufficient to pay all appropriations in full, upon the 42 5 governor's own initiative to the extent the governor may deem 42 6 necessary in order that there shall be no overdraft or deficit 42 7 in the several funds of the state at the end of the fiscal 42 8 year; and the head of the department or establishment shall be 42 9 given notice of a modification in the same way as in the case 42 10 of original allotments. 42 11 3.Provided, however, that theThe allotment requests of 42 12 all departments and establishments collecting governmental 42 13 fees and other revenue which supplement a state appropriation 42 14 shall attach to the summary of requests a statement showing 42 15 how much of the proposed allotments are to be financed from 42 16(1)state appropriations,(2)stores, and(3)repayment 42 17 receipts. 42 18 4. The procedure to be employed in controlling the 42 19 expenditures and receipts of the state fair board and the 42 20 institutions under the state board of regents, whose 42 21 collections are not deposited in the state treasury, is that 42 22 outlined in section 421.31, subsection 6. 42 23 5. If the governor determines that the estimated budget 42 24 resources during the fiscal year are insufficient to pay all 42 25 appropriations in full, the reductions shall be uniform and 42 26 prorated between all departments, agencies and establishments 42 27 upon the basis of their respective appropriations. 42 28 6. Allotments from appropriations for the foreign trade 42 29 offices of the department of economic development, if the 42 30 appropriations are described by line item in the department's 42 31 appropriation Act or another Act, may be madewithout regard42 32to quarterly periodsas is necessary to take advantage of the 42 33 most favorable foreign currency exchange rates. 42 34 Sec. 90. Section 8.57, subsection 1, paragraph c, Code 42 35 2003, is amended to read as follows: 43 1 c. The amount appropriated in this section is not subject 43 2 to the provisions of section 8.31, relating toquarterly43 3 requisitions and allotment, or to section 8.32, relating to 43 4 conditional availability of appropriations. 43 5 Sec. 91. Section 12B.10, subsection 6, paragraph d, 43 6 subparagraph (4), Code 2003, is amended to read as follows: 43 7 (4) For investments of short-term operating funds, the 43 8 funds shall not be invested in investments having effective 43 9 maturities exceeding sixty-three months. 43 10 Sec. 92. Section 12B.10A, subsection 6, paragraph d, 43 11 subparagraph (4), Code 2003, is amended to read as follows: 43 12 (4) For investments of short-term operating funds, the 43 13 funds shall not be invested in investments having effective 43 14 maturities exceeding sixty-three months. 43 15 Sec. 93. Section 12C.27, Code 2003, is amended by striking 43 16 the section and inserting in lieu thereof the following: 43 17 12C.27 FAILURE TO MAINTAIN REQUIRED COLLATERAL. 43 18 If the treasurer of state determines that a bank fails to 43 19 comply with chapter 12C.22, subsections 2 and 3, the treasurer 43 20 of state may restrict that bank from accepting uninsured 43 21 public funds and shall notify the office of thrift 43 22 supervision, the office of the comptroller of the currency, or 43 23 the superintendent as applicable, who may take such action 43 24 against the bank, its board of directors and officers as 43 25 permitted by law. 43 26 Sec. 94. Section 12E.12, subsection 8, Code 2003, is 43 27 amended to read as follows: 43 28 8. With respect to the payment of certain debt service, 43 29 the debt service to be paid shall be those installments of 43 30 debt service on bonds selected by the treasurer of state and 43 31 identified in the authority's tax certificate delivered at the 43 32 time of the issuance of the bonds issued pursuant to this 43 33 chapter, or as otherwise selected by the treasurer of state. 43 34 Once the bonds and the installments of debt service thereon 43 35 are so selected, that debt service and bonds shall not be 44 1 paid, or provided to be paid, from any other source including 44 2 the state or any of its departments or agencies. Provided, 44 3 however, that if funds are not appropriated to pay debt 44 4 service on such bonds when due, the issuing agency shall pay 44 5suchthe debt service from any available source as provided in 44 6 the bond covenantsfor such bonds. To the extent that this 44 7 section does not allow proceeds of previously issued refunding 44 8 bonds to be applied for the purpose of the refunding, the 44 9 issuing agency may expend such proceeds to improve, remodel, 44 10 or repair buildings or other infrastructure upon authorization 44 11 of the issuing agency's authority. 44 12 Sec. 95. Section 15E.42, subsection 3, Code 2003, is 44 13 amended to read as follows: 44 14 3. "Investor" means an individual making a cash investment 44 15 in a qualifying business or an individual taxed on income from 44 16 a revocable trust's cash investment in a qualifying business 44 17 or a person making a cash investment in a community-based seed 44 18 capital fund. "Investor" does not include a person which is a 44 19 current or previous owner, member, or shareholder in a 44 20 qualifying business. 44 21 Sec. 96. Section 15E.43, subsection 1, paragraph a, Code 44 22 2003, is amended to read as follows: 44 23 a. For tax years beginning on or after January 1, 2002, a 44 24 tax credit shall be allowed against the taxes imposed in 44 25 chapter 422, division II, for a portion of an individual 44 26 taxpayer's equity investment, as provided in subsection 2, in 44 27 a qualifying business. An individual shall not claim a tax 44 28 credit under this paragraph of a partnership, limited 44 29 liability company, S corporation, estate, or trust electing to 44 30 have income taxed directly to the individual. However, an 44 31 individual receiving income from a revocable trust's 44 32 investment in a qualified business may claim a tax credit 44 33 under this paragraph against the taxes imposed in chapter 422, 44 34 division II, for a portion of the revocable trust's equity 44 35 investment, as provided in subsection 2, in a qualified 45 1 business. 45 2 Sec. 97. Section 15E.43, subsection 1, Code 2003, is 45 3 amended by adding the following new paragraph: 45 4 NEW PARAGRAPH. d. In the case of a tax credit allowed 45 5 against the taxes imposed in chapter 422, division II, where 45 6 the taxpayer died prior to redeeming the entire tax credit, 45 7 the remaining credit can be redeemed on the decedent's final 45 8 income tax return. 45 9 Sec. 98. Section 15E.45, subsection 2, paragraph c, Code 45 10 2003, is amended to read as follows: 45 11 c. The fund has no fewer than tenindividualinvestors who 45 12 are not affiliates, with no single investor and affiliates of 45 13 that investor together owning a total of more than twenty-five 45 14 percent of the ownership interests outstanding in the fund. 45 15 Sec. 99. Section 15E.51, subsection 4, Code 2003, is 45 16 amended to read as follows: 45 17 4. A taxpayer shall not claim a tax credit under this 45 18 section if the taxpayer is a venture capital investment fund 45 19 allocation manager for the Iowa fund of funds created in 45 20 section 15E.65 or an investor that receives a tax credit for 45 21anthe same investment in a community-based seed capital fund 45 22 as defined in 2002 Iowa Acts, House File 2271. 45 23 Sec. 100. Section 15E.193B, subsection 4, Code 2003, is 45 24 amended to read as follows: 45 25 4. The eligible housing business shall complete its 45 26 building or rehabilitation within two years from the time the 45 27 business begins construction on the single-family homes and 45 28 dwelling units. The failure to complete construction or 45 29 rehabilitation within two years shall result in the eligible 45 30 housing business becoming ineligible and subject to the 45 31 repayment requirements and penalties enumerated in subsection 45 32 7. The department may extend the prescribed two-year 45 33 completion period for any project which has not been completed 45 34 if the department determines that completion within the two- 45 35 year period is impossible or impractical as a result of a 46 1 substantial loss caused by flood, fire, earthquake, storm, or 46 2 other catastrophe. For purposes of this subsection, 46 3 "substantial loss" means damage or destruction in an amount in 46 4 excess of thirty percent of the project's expected eligible 46 5 basis as set forth in the eligible housing business's 46 6 application. 46 7 Sec. 101. NEW SECTION. 16.181 HOUSING TRUST FUND. 46 8 1. a. A housing trust fund is created within the 46 9 authority. The moneys in the housing trust fund are annually 46 10 appropriated to the authority to be used for the development 46 11 and preservation of affordable housing for low-income people 46 12 in the state. Payment of interest, recaptures of awards, or 46 13 other repayments to the housing trust fund shall be deposited 46 14 in the fund. Notwithstanding section 12C.7, interest or 46 15 earnings on moneys in the housing trust fund or appropriated 46 16 to the fund shall be credited to the fund. Notwithstanding 46 17 section 8.33, unencumbered and unobligated moneys remaining in 46 18 the fund at the close of each fiscal year shall not revert but 46 19 shall remain available for expenditure for the same purposes 46 20 in the succeeding fiscal year. 46 21 b. Assets in the housing trust fund shall consist of all 46 22 of the following: 46 23 (1) Any assets received by the authority from the Iowa 46 24 housing corporation. 46 25 (2) Any assets transferred by the authority for deposit in 46 26 the housing trust fund. 46 27 (3) Any other moneys appropriated by the general assembly 46 28 and any other moneys available to and obtained or accepted by 46 29 the authority for placement in the housing trust fund. 46 30 c. The authority shall create the following programs 46 31 within the housing trust fund: 46 32 (1) Local housing trust fund program. Sixty percent of 46 33 available moneys in the housing trust fund shall be allocated 46 34 for the local housing trust fund program. Any moneys 46 35 remaining in the local housing trust fund program on April 1 47 1 of each fiscal year which have not been awarded to a local 47 2 housing trust fund may be transferred to the project-based 47 3 housing program at any time prior to the end of the fiscal 47 4 year. 47 5 (2) Project-based housing program. Forty percent of the 47 6 available moneys in the housing trust fund shall be allocated 47 7 to the project-based housing program. 47 8 2. a. In order to be eligible to apply for funding from 47 9 the local housing trust fund program, a local housing trust 47 10 fund must be approved by the authority and have all of the 47 11 following: 47 12 (1) A local governing board recognized by the city, 47 13 county, council of governments, or regional officials as the 47 14 board responsible for coordinating local housing programs. 47 15 (2) A housing assistance plan approved by the authority. 47 16 (3) Sufficient administrative capacity in regard to 47 17 housing programs. 47 18 (4) A local match requirement approved by the authority. 47 19 b. An award from the local housing trust fund program 47 20 shall not exceed ten percent of the balance in the program at 47 21 the beginning of the fiscal year plus ten percent of any 47 22 deposits made during the fiscal year. 47 23 c. By December 31 of each year, a local housing trust fund 47 24 receiving moneys from the local housing trust fund program 47 25 shall submit a report to the authority itemizing expenditures 47 26 of the awarded moneys. 47 27 3. In an area where no local housing trust fund exists, a 47 28 person may apply for moneys from the project-based housing 47 29 program. 47 30 4. The authority shall adopt rules pursuant to chapter 17A 47 31 necessary to administer this section. 47 32 Sec. 102. Section 25.1, Code 2003, is amended by adding 47 33 the following new subsection: 47 34 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2, 47 35 and section 25.2, the state appeal board shall not consider 48 1 claims for refund of the unused portion of vehicle 48 2 registration fees collected under section 321.105. 48 3 Sec. 103. Section 28.9, subsection 2, Code 2003, is 48 4 amended to read as follows: 48 5 2. a. A school ready children grants account is created 48 6 in the Iowa empowerment fund under the authority of the 48 7 director of the department of education. Moneys credited to 48 8 the account shall be distributed by the department of 48 9 education in the form of grants to community empowerment areas 48 10 pursuant to criteria established by the Iowa board in 48 11 accordance with law. 48 12 b. The distribution formula utilized by the Iowa board for 48 13 school ready children grants in the fiscal year beginning July 48 14 1, 2004, and for each succeeding fiscal year, shall 48 15 specifically incorporate the following components: 48 16 (1) A minimum statewide performance baseline shall be 48 17 established for the core indicators of performance identified 48 18 pursuant to section 28.8, subsection 1, paragraph "a". 48 19 (2) A community empowerment area must maintain its 48 20 designated status in good standing and must have received 48 21 continued approval of its school ready children grant plan. 48 22 (3) The community empowerment area must identify how the 48 23 core indicators of performance will be addressed by the area 48 24 and select two or more of the core indicators that will 48 25 achieve a minimum percentage of improvement identified by the 48 26 area, subject to approval by the Iowa board. The community 48 27 empowerment area's data for the calendar year preceding the 48 28 year in which the area initially received a school ready 48 29 children grant shall be used as the area's baseline year. 48 30 (4) If an area achieves the identified percentage level of 48 31 improvement in the preceding calendar year, the area's minimum 48 32 grant amount shall be the annualized grant amount received in 48 33 the area's initial year of funding. The Iowa board may 48 34 implement provisions for averaging the performance levels over 48 35 two or more years and other approaches to apply the 49 1 requirements of this paragraph "b" in an equitable manner. 49 2 (5) If an area does not achieve the identified percentage 49 3 level of improvement in the preceding calendar year, the area 49 4 shall receive a reduction from the area's minimum grant 49 5 amount. If the identified percentage level of improvement is 49 6 achieved in the next succeeding calendar year, the area's 49 7 minimum grant amount shall be restored. 49 8 Sec. 104. Section 29C.8, subsection 3, Code 2003, is 49 9 amended by adding the following new paragraphs: 49 10 NEW PARAGRAPH. f. (1) Approve and support the 49 11 development and ongoing operations of an urban search and 49 12 rescue team to be deployed as a resource to supplement and 49 13 enhance emergency and disaster operations. 49 14 (2) A member of an urban search and rescue team acting 49 15 under the authority of the administrator or pursuant to a 49 16 governor's disaster proclamation as provided in section 29C.6 49 17 shall be considered an employee of the state under chapter 669 49 18 and shall be afforded protection as an employee of the state 49 19 under section 669.21. Disability, workers' compensation, and 49 20 death benefits for team members working under the authority of 49 21 the administrator or pursuant to the provisions of section 49 22 29C.6 shall be paid by the state in a manner consistent with 49 23 the provisions of chapter 85, 410, or 411 as appropriate, 49 24 depending on the status of the member. 49 25 NEW PARAGRAPH. g. Develop, implement, and support a 49 26 uniform incident command system to be used by state agencies 49 27 to facilitate efficient and effective assistance to those 49 28 affected by emergencies and disasters. This system shall be 49 29 consistent with the requirements of the United States 49 30 occupational safety and health administration and a national 49 31 incident management system. 49 32 Sec. 105. Section 29C.20, subsection 1, Code 2003, is 49 33 amended to read as follows: 49 34 1. a. A contingent fund is created in the state treasury 49 35 for the use of the executive council which may be expended for 50 1 thepurpose of payingfollowing purposes: 50 2 (1) Paying the expenses of suppressing an insurrection or 50 3 riot, actual or threatened, when state aid has been rendered 50 4 by order of the governor, and for repairing,. 50 5 (2) Repairing, rebuilding, or restoring state property 50 6 injured, destroyed, or lost by fire, storm, theft, or 50 7 unavoidable cause, and for repairing,. 50 8 (3) Repairing, rebuilding, or restoring state property 50 9whichthat is fiberoptic cable andwhichthat is injured or 50 10 destroyed by a wild animal, and for aid to. 50 11 (4) Paying the expenses incurred by and claims of an urban 50 12 search and rescue team when acting under the authority of the 50 13 administrator and the provisions of section 29C.6 and disaster 50 14 medical assistance teams when acting under the provisions of 50 15 section 135.153. 50 16 (5) (a) Aiding any governmental subdivision in an area 50 17 declared by the governor to be a disaster area due to natural 50 18 disasters or to expenditures necessitated by the governmental 50 19 subdivision toward averting or lessening the impact of the 50 20 potential disaster, where the effect of the disaster or action 50 21 on the governmental subdivision is the immediate financial 50 22 inability to meet the continuing requirements of local 50 23 government. 50 24 (b) Upon application by a governmental subdivision in such 50 25 an area, accompanied by a showing of obligations and 50 26 expenditures necessitated by an actual or potential disaster 50 27 in a form and with further information the executive council 50 28 requires, the aid may be made in the discretion of the 50 29 executive council and, if made, shall be in the nature of a 50 30 loan up to a limit of seventy-five percent of the showing of 50 31 obligations and expenditures. The loan, without interest, 50 32 shall be repaid by the maximum annual emergency levy 50 33 authorized by section 24.6, or by the appropriate levy 50 34 authorized for a governmental subdivision not covered by 50 35 section 24.6. The aggregate total of loans shall not exceed 51 1 one million dollars during a fiscal year. A loan shall not be 51 2 for an obligation or expenditure occurring more than two years 51 3 previous to the application. 51 4 b. When a state department or agency requests that moneys 51 5 from the contingent fund be expended to repair, rebuild, or 51 6 restore state property injured, destroyed, or lost by fire, 51 7 storm, theft, or unavoidable cause, or to repair, rebuild, or 51 8 restore state propertywhichthat is fiberoptic cable and 51 9whichthat is injured or destroyed by a wild animal, or for 51 10 payment of the expenses incurred by and claims of an urban 51 11 search and rescue team when acting under the authority of the 51 12 administrator and the provisions of section 29C.6, the 51 13 executive council shall consider the original source of the 51 14 funds for acquisition of the property before authorizing the 51 15 expenditure. If the original source was other than the 51 16 general fund of the state, the department or agency shall be 51 17 directed to utilize moneys from the original source if 51 18 possible. The executive council shall not authorize the 51 19 repairing, rebuilding, or restoring of the property from the 51 20 disaster aid contingent fund if it determines that moneys from 51 21 the original source are available to finance the project. 51 22 Sec. 106. Section 80B.5, Code 2003, is amended to read as 51 23 follows: 51 24 80B.5 ADMINISTRATION. 51 25 The administration of the Iowa law enforcement academy and 51 26 council Act shall be vested in the office of the governor.A51 27director of the academy and such staffStaff as may be 51 28 necessary foritthe law enforcement academy to function shall 51 29 be employed pursuant to the Iowa merit system. 51 30 Sec. 107. NEW SECTION. 80B.5A DIRECTOR. 51 31 The governor shall appoint the director of the Iowa law 51 32 enforcement academy, subject to senate confirmation, to a 51 33 four-year term beginning and ending as provided in section 51 34 69.19. 51 35 Sec. 108. Section 99G.9, subsection 3, paragraph j, if 52 1 enacted by 2003 Iowa Acts, Senate File 453, is amended by 52 2 striking the paragraph. 52 3 Sec. 109. Section 99G.40, subsection 5, if enacted by 2003 52 4 Iowa Acts, Senate File 453, is amended to read as follows: 52 5 5. The authority shall adopt the same fiscal year as that 52 6 used by state government and shall be audited annually by the 52 7 auditor of state or a certified public accounting firm 52 8 appointed by the auditor. The auditor of state or a designee 52 9 conducting an audit under this chapter shall have access and 52 10 authority to examine any and all records of licensees 52 11 necessary to determine compliance with this chapter and the 52 12 rules adopted pursuant to this chapter. The cost of audits 52 13 and examinations conducted by the auditor of state or a 52 14 designee shall be paid for by the authority. 52 15 Sec. 110. NEW SECTION. 174.24 LIABILITY OF COUNTY FAIR 52 16 SOCIETY. 52 17 A society, as defined in section 174.1, shall be immune 52 18 from liability for any damages incurred at a county fair held 52 19 by the society if the damages were incurred on or at an 52 20 exhibit, leased facility, amusement ride, or an activity not 52 21 under the control of the society, if the county fair requires 52 22 the vendor in control of the exhibit, leased facility, 52 23 amusement ride, or other activity to obtain liability 52 24 insurance of at least three hundred thousand dollars. An 52 25 officer or employee of a society, as defined in section 174.1, 52 26 shall not be held liable for punitive damages as a result of 52 27 acts in the performance of the officer's or employee's duties, 52 28 unless reckless misconduct is proven. 52 29 Sec. 111. Section 257.11, subsection 5, paragraph b, Code 52 30 2003, is amended to read as follows: 52 31 b. A school district which establishes a regional academy 52 32 shall be eligible to assign its resident pupils attending 52 33 classes at the academy a weighting of one-tenth of the 52 34 percentage of the pupil's school day during which the pupil 52 35 attends classes at the regional academy. For the purposes of 53 1 this subsection, "regional academy" means an educational 53 2 institution established by a school district to which multiple 53 3 schools send pupils in gradessevennine through twelve, and 53 4 may include a virtual academy. A regional academy shall 53 5 include in its curriculum advanced-level courses and may 53 6 include in its curriculum vocational-technicalprograms53 7 courses. The maximum amount of additional weighting for which 53 8 a school district establishing a regional academy shall be 53 9 eligible is an amount corresponding to fifteen additional 53 10 pupils. The minimum amount of additional weighting for which 53 11 a school district establishing a regional academy shall be 53 12 eligible is an amount corresponding to ten additional pupils 53 13 if the academy provides both advanced-level courses and 53 14 vocational-technical courses. However, if the sum of the 53 15 funding amount calculated for all districts operating regional 53 16 academies under this subsection exceeds one million dollars 53 17 for the school year beginning July 1, 2004, and each 53 18 succeeding fiscal year, the director of the department of 53 19 management shall prorate the amount calculated for each 53 20 district. The proration shall be based upon the amount 53 21 calculated for each district when compared to the sum of the 53 22 amount for all districts. 53 23 Sec. 112. Section 260C.14, Code 2003, is amended by adding 53 24 the following new subsection: 53 25 NEW SUBSECTION. 20. Adopt a policy to offer not less than 53 26 the following options to a student who is a member of the Iowa 53 27 national guard or reserve forces of the United States and who 53 28 is ordered to active state service or federal service or duty: 53 29 a. Withdraw from the student's entire registration and 53 30 receive a full refund of tuition and mandatory fees. 53 31 b. Make arrangements with the student's instructors for 53 32 course grades, or for incompletes that shall be completed by 53 33 the student at a later date. If such arrangements are made, 53 34 the student's registration shall remain intact and tuition and 53 35 mandatory fees shall be assessed for the courses in full. 54 1 c. Make arrangements with only some of the student's 54 2 instructors for course grades, or for incompletes that shall 54 3 be completed by the student at a later date. If such 54 4 arrangements are made, the registration for those courses 54 5 shall remain intact and tuition and mandatory fees shall be 54 6 assessed for those courses. Any course for which arrangements 54 7 cannot be made for grades or incompletes shall be considered 54 8 dropped and the tuition and mandatory fees for the course 54 9 refunded. 54 10 Sec. 113. Section 261.9, subsection 1, unnumbered 54 11 paragraph 1, Code 2003, is amended to read as follows: 54 12 "Accredited private institution" means an institution of 54 13 higher learning located in Iowa which is operated privately 54 14 and not controlled or administered by any state agency or any 54 15 subdivision of the state, except for county hospitals as 54 16 provided in paragraph "c" of this subsection, and which meets 54 17 at least one of the criteria in paragraphs "a" through "c" and 54 18 all of the criteria in paragraphs "d" through"f""g": 54 19 Sec. 114. Section 261.9, subsection 1, Code 2003, is 54 20 amended by adding the following new paragraph: 54 21 NEW PARAGRAPH. g. Adopts a policy to offer not less than 54 22 the following options to a student who is a member of the Iowa 54 23 national guard or reserve forces of the United States and who 54 24 is ordered to active state service or federal service or duty: 54 25 (1) Withdraw from the student's entire registration and 54 26 receive a full refund of tuition and mandatory fees. 54 27 (2) Make arrangements with the student's instructors for 54 28 course grades, or for incompletes that shall be completed by 54 29 the student at a later date. If such arrangements are made, 54 30 the student's registration shall remain intact and tuition and 54 31 mandatory fees shall be assessed for the courses in full. 54 32 (3) Make arrangements with only some of the student's 54 33 instructors for grades, or for incompletes that shall be 54 34 completed by the student at a later date. If such 54 35 arrangements are made, the registration for those courses 55 1 shall remain intact and tuition and mandatory fees shall be 55 2 assessed for those courses. Any course for which arrangements 55 3 cannot be made for grades or incompletes shall be considered 55 4 dropped and the tuition and mandatory fees for the course 55 5 refunded. 55 6 Sec. 115. Section 262.9, Code 2003, is amended by adding 55 7 the following new subsection: 55 8 NEW SUBSECTION. 29. Direct the institutions of higher 55 9 education under its control to adopt a policy to offer not 55 10 less than the following options to a student who is a member 55 11 of the Iowa national guard or reserve forces of the United 55 12 States and who is ordered to active state service or federal 55 13 service or duty: 55 14 a. Withdraw from the student's entire registration and 55 15 receive a full refund of tuition and mandatory fees. 55 16 b. Make arrangements with the student's instructors for 55 17 course grades, or for incompletes that shall be completed by 55 18 the student at a later date. If such arrangements are made, 55 19 the student's registration shall remain intact and tuition and 55 20 mandatory fees shall be assessed for the courses in full. 55 21 c. Make arrangements with only some of the student's 55 22 instructors for grades, or for incompletes that shall be 55 23 completed by the student at a later date. If such 55 24 arrangements are made, the registration for those courses 55 25 shall remain intact and tuition and mandatory fees shall be 55 26 assessed for those courses. Any course for which arrangements 55 27 cannot be made for grades or incompletes shall be considered 55 28 dropped and the tuition and mandatory fees for the course 55 29 refunded. 55 30 Sec. 116. Section 284.13, subsection 1, paragraph a, Code 55 31 2003, is amended to read as follows: 55 32 a. For each fiscal year in the fiscalyearperiod 55 33 beginning July 1,20012003, and ending June 30,20022005, 55 34 the department shall reserve up toone millionfive hundred 55 35 thousand dollars of any moneys appropriated for purposes of 56 1 this chapter. For each fiscal year in which moneys are 56 2 appropriated by the general assembly for purposes of team- 56 3 based variable pay pursuant to section 284.11, the amount of 56 4 moneys allocated to school districts shall be in the 56 5 proportion that the basic enrollment of a school district 56 6 bears to the sum of the basic enrollments of all participating 56 7 school districts for the budget year. However, the per pupil 56 8 amount distributed to a school district under the pilot 56 9 program shall not exceed one hundred dollars. 56 10 Sec. 117. Section 284.13, subsection 1, paragraph g, 56 11 unnumbered paragraph 1, Code 2003, is amended to read as 56 12 follows: 56 13 For each fiscal year in which funds are appropriated for 56 14 purposes of this chapter, the moneys remaining after 56 15 distribution as provided in paragraphs "a" through "f" and "h" 56 16 shall be allocated to school districts for salaries and career 56 17 development in accordance with the following formula: 56 18 Sec. 118. Section 294A.25, subsection 6, Code 2003, is 56 19 amended by striking the subsection. 56 20 Sec. 119. Section 294A.25, subsections 7, 8, and 9, Code 56 21 2003, are amended to read as follows: 56 22 7.ForExcept as otherwise provided in this section, for 56 23 the fiscal year beginning July 1,19902003, and succeeding 56 24 fiscal years, the remainder of moneys appropriated in 56 25 subsection 1 to the department of education shall be deposited 56 26 in the educational excellence fund to be allocated in an 56 27 amount to meet theminimum salaryrequirements of this chapter 56 28 for phase I, in an amount to meet the requirements forand 56 29 phase II, and the remainder of the appropriation for phase56 30III. 56 31 8. Commencing with the fiscal year beginning July 1,199756 32 2003, the amount of two hundred thirty thousand dollars for a 56 33 kindergarten to grade twelve management information system 56 34from additional funds transferred from phase I to phase III. 56 35 9. For the fiscal year beginning July 1,20002003, and 57 1 for each succeeding fiscal year, the amount of one hundred 57 2 seventy thousand dollars to the state board of regents for 57 3 distribution in the amount of sixty-eight thousand dollars to 57 4 the Iowa braille and sight saving school and in the amount of 57 5 one hundred two thousand dollars to the Iowa state school for 57 6 the deaffrom phase III moneys. 57 7 Sec. 120. Section 321J.2, subsection 2, paragraph a, 57 8 subparagraph (3), subparagraph subdivisions (a) and (b), as 57 9 enacted by 2003 Iowa Acts, House File 65, section 2, are 57 10 amended to read as follows: 57 11 (a) A defendant whose alcohol concentration is .08 or more 57 12 but not more than .10 shall not be eligible for any temporary 57 13 restricted license for at least thirty days if a test was 57 14 obtained and an accident resulting in personal injury or 57 15 property damage occurred. The defendant shall be ordered to 57 16 install an ignition interlock device of a type approved by the 57 17 commissioner of public safety on all vehicles owned or 57 18 operated by the defendant if the defendant seeks a temporary 57 19 restricted license. There shall be no such period of 57 20 ineligibility if no such accident occurred, and the defendant 57 21 shall not be ordered to install an ignition interlock device. 57 22 (b) A defendant whose alcohol concentration is more than 57 23 .10 shall not be eligible for any temporary restricted license 57 24 for at least thirty days if a test was obtained, and an 57 25 accident resulting in personal injury or property damage 57 26 occurred or the defendant's alcohol concentration exceeded 57 27 .15. There shall be no such period of ineligibility if no 57 28 such accident occurred and the defendant's alcohol 57 29 concentration did not exceed .15. In either case, where a 57 30 defendant's alcohol concentration is more than .10, the 57 31 defendant shall be ordered to install an ignition interlock 57 32 device of a type approved by the commissioner of public safety 57 33 on all vehicles owned or operated by the defendant if the 57 34 defendant seeks a temporary restricted license. 57 35 Sec. 121. Section 321J.4, subsection 1, paragraphs a and 58 1 b, as enacted by 2003 Iowa Acts, House File 65, section 3, are 58 2 amended to read as follows: 58 3 a. A defendant whose alcohol concentration is .08 or more 58 4 but not more than .10 shall not be eligible for any temporary 58 5 restricted license for at least thirty days if a test was 58 6 obtained and an accident resulting in personal injury or 58 7 property damage occurred. The defendant shall be ordered to 58 8 install an ignition interlock device of a type approved by the 58 9 commissioner of public safety on all vehicles owned or 58 10 operated by the defendant if the defendant seeks a temporary 58 11 restricted license. There shall be no such period of 58 12 ineligibility if no such accident occurred, and the defendant 58 13 shall not be ordered to install an ignition interlock device. 58 14 b. A defendant whose alcohol concentration is more than 58 15 .10 shall not be eligible for any temporary restricted license 58 16 for at least thirty days if a test was obtained, and an 58 17 accident resulting in personal injury or property damage 58 18 occurred or the defendant's alcohol concentration exceeded 58 19 .15. There shall be no such period of ineligibility if no 58 20 such accident occurred and the defendant's alcohol 58 21 concentration did not exceed .15. In either case, where a 58 22 defendant's alcohol concentration is more than .10, the 58 23 defendant shall be ordered to install an ignition interlock 58 24 device of a type approved by the commissioner of public safety 58 25 on all vehicles owned or operated by the defendant if the 58 26 defendant seeks a temporary restricted license. 58 27 Sec. 122. Section 321J.4, subsection 3, paragraphs a and 58 28 b, as enacted by 2003 Iowa Acts, House File 65, section 3, are 58 29 amended to read as follows: 58 30 a. A defendant whose alcohol concentration is .08 or more 58 31 but not more than .10 shall not be eligible for any temporary 58 32 restricted license for at least thirty days if a test was 58 33 obtained and an accident resulting in personal injury or 58 34 property damage occurred. The defendant shall be ordered to 58 35 install an ignition interlock device of a type approved by the 59 1 commissioner of public safety on all vehicles owned or 59 2 operated by the defendant if the defendant seeks a temporary 59 3 restricted license. There shall be no such period of 59 4 ineligibility if no such accident occurred, and the defendant 59 5 shall not be ordered to install an ignition interlock device. 59 6 b. A defendant whose alcohol concentration is more than 59 7 .10 shall not be eligible for any temporary restricted license 59 8 for at least thirty days if a test was obtained, and an 59 9 accident resulting in personal injury or property damage 59 10 occurred or the defendant's alcohol concentration exceeded 59 11 .15. There shall be no such period of ineligibility if no 59 12 such accident occurred and the defendant's alcohol 59 13 concentration did not exceed .15. In either case, where a 59 14 defendant's alcohol concentration is more than .10, the 59 15 defendant shall be ordered to install an ignition interlock 59 16 device of a type approved by the commissioner of public safety 59 17 on all vehicles owned or operated by the defendant if the 59 18 defendant seeks a temporary restricted license. 59 19 Sec. 123. Section 321J.12, subsection 2, paragraphs a and 59 20 b, as enacted by 2003 Iowa Acts, House File 65, section 5, are 59 21 amended to read as follows: 59 22 a. A person whose driver's license or nonresident 59 23 operating privileges have been revoked under subsection 1, 59 24 paragraph "a", whose alcohol concentration is .08 or more but 59 25 not more than .10 shall not be eligible for any temporary 59 26 restricted license for at least thirty days after the 59 27 effective date of the revocation if a test was obtained and an 59 28 accident resulting in personal injury or property damage 59 29 occurred. The defendant shall be ordered to install an 59 30 ignition interlock device of a type approved by the 59 31 commissioner of public safety on all vehicles owned or 59 32 operated by the defendant if the defendant seeks a temporary 59 33 license. There shall be no such period of ineligibility if no 59 34 such accident occurred, and the defendant shall not be ordered 59 35 to install an ignition interlock device. 60 1 b. A defendant whose alcohol concentration is more than 60 2 .10 shall not be eligible for any temporary restricted license 60 3 for at least thirty days if a test was obtained, and an 60 4 accident resulting in personal injury or property damage 60 5 occurred or the defendant's alcohol concentration exceeded 60 6 .15. There shall be no such period of ineligibility if no 60 7 such accident occurred and the defendant's alcohol 60 8 concentration did not exceed .15. In either case, where a 60 9 defendant's alcohol concentration is more than .10, the 60 10 defendant shall be ordered to install an ignition interlock 60 11 device of a type approved by the commissioner of public safety 60 12 on all vehicles owned or operated by the defendant if the 60 13 defendant seeks a temporary restricted license. 60 14 Sec. 124. Section 331.605C, subsections 1 and 2, if 60 15 enacted by 2003 Iowa Acts, Senate File 453, are amended to 60 16 read as follows: 60 17 1. For the fiscal year beginning July 1, 2003, and ending 60 18 June 30, 2004, the recorder shall collect a fee of five 60 19 dollars for each recorded transaction, regardless of the 60 20 number of pages, for which a fee is paid pursuant to section 60 21 331.604 to be used for the purposes of planning and 60 22 implementing electronic recording and electronic transactions 60 23 in each county and developing county and statewide internet 60 24 websites to provide electronic access to records and 60 25 information. 60 26 2. Beginning July 1, 2004, the recorder shall collect a 60 27 fee of one dollar for each recorded transaction, regardless of 60 28 the number of pages, for which a fee is paid pursuant to 60 29 section 331.604 to be used for the purpose of paying the 60 30 county's ongoing costs of maintaining the systems developed 60 31 and implemented under subsection 1. 60 32 Sec. 125. Section 331.605C, subsection 4, if enacted by 60 33 2003 Iowa Acts, Senate File 453, is amended to read as 60 34 follows: 60 35 4. Thestatelocal electronic governmentelectronic61 1 transaction fund is established in the office of the treasurer 61 2 of state under the control of the treasurer of state. Moneys 61 3 deposited into the fund are not subject to section 8.33. 61 4 Notwithstanding section 12C.7, interest or earnings on moneys 61 5 in thestatelocal electronic governmentelectronic61 6 transaction fund shall be credited to the fund. Moneys in the 61 7statelocal electronic governmentelectronictransaction fund 61 8 are not subject to transfer, appropriation, or reversion to 61 9 any other fund, or any other use except as provided in this 61 10 subsection. The treasurer of state shall enter into a 61 11 contract with the Iowa state association of counties affiliate 61 12 representing county recorders todevelop, implement, and61 13maintainhold the fund for the development, implementation, 61 14 and maintenance of a statewide internet website for purposes 61 15 of providing electronic access to records and information 61 16 recorded or filed by county recorders. On a monthly basis, 61 17 the county treasurer shall pay one dollar of each fee 61 18 collected pursuant to subsection 1 to the treasurer of state 61 19 for deposit into thestatelocal electronic government 61 20electronictransaction fund. Moneys credited to thestate61 21 local electronic governmentelectronictransaction fund are 61 22 appropriated to the treasurer of state to be used for contract 61 23 costs. This subsection is repealed June 30, 2004. 61 24 Sec. 126. Section 422.45, Code 2003, is amended by adding 61 25 the following new subsection: 61 26 NEW SUBSECTION. 64. The gross receipts from noncustomer 61 27 point of sale or noncustomer automated teller machine access 61 28 or service charges assessed by a financial institution. For 61 29 purposes of this subsection, "financial institution" means the 61 30 same as defined in section 527.2. 61 31 Sec. 127. Section 423.4, Code 2003, is amended by adding 61 32 the following new subsection: 61 33 NEW SUBSECTION. 9A. Vehicles subject to registration 61 34 which are transferred from a corporation that is primarily 61 35 engaged in the business of leasing vehicles subject to 62 1 registration to a corporation that is primarily engaged in the 62 2 business of leasing vehicles subject to registration when the 62 3 transferor and transferee corporations are part of the same 62 4 controlled group for federal income tax purposes. 62 5 Sec. 128. Section 435.26A, subsections 2 and 5, as enacted 62 6 by 2003 Iowa Acts, Senate File 134, section 7, are amended to 62 7 read as follows: 62 8 2. Upon receipt of a certificate of title from a 62 9 manufactured home owner, a county treasurer shall notify the 62 10 department of transportation that the certificate of title has 62 11 been surrendered, remove the registration of title from the 62 12 county treasurer's records, and destroy the certificate of 62 13 title. 62 14 The manufactured home owner or the owner's representative 62 15 shall provide to the county recorder the identifying data of 62 16 the manufactured home, including the owner's name, the name of 62 17 the manufacturer, the model name, the year of manufacture, and 62 18 the serial number of the home, along with the legal 62 19 description of the real estate on which the manufactured home 62 20 is located. In addition, evidence shall be provided of the 62 21 surrender of the certificate of title. After the surrender of 62 22 the certificate of title of a manufactured home under this 62 23 section, conveyance of an interest in the manufactured home 62 24 shall not require transfer of title so long as the 62 25 manufactured home remains on the same real estate site. 62 26 5. An owner of a manufactured home who has surrendered a 62 27 certificate of title under this section and requires another 62 28 certificate of title for the manufactured home is required to 62 29 apply for abondedcertificate of title underchapter 32162 30 section 321.42. If supporting documents for the reissuance of 62 31 a title are not available or sufficient, the procedure for the 62 32 reissuance of a title specified in the rules of the department 62 33 of transportation shall be used. 62 34 Sec. 129. Section 452A.2, Code 2003, is amended by adding 62 35 the following new subsection: 63 1 NEW SUBSECTION. 20A. "Nonterminal storage facility" means 63 2 a facility where motor fuel or special fuel, other than 63 3 liquefied petroleum gas, is stored that is not supplied by a 63 4 pipeline or a marine vessel. "Nonterminal storage facility" 63 5 includes a facility that manufactures products such as 63 6 alcohol, biofuel, blend stocks, or additives which may be used 63 7 as motor fuel or special fuel, other than liquefied petroleum 63 8 gas, for operating motor vehicles or aircraft. 63 9 Sec. 130. Section 453A.2, Code 2003, is amended by adding 63 10 the following new subsection: 63 11 NEW SUBSECTION. 5B. A tobacco compliance employee 63 12 training fund is created in the office of the treasurer of 63 13 state. The fund shall consist of civil penalties assessed by 63 14 the Iowa department of public health under section 453A.22, 63 15 for violations of this section. Moneys in the fund are 63 16 appropriated to the alcoholic beverages division of the 63 17 department of commerce and shall be used to develop and 63 18 administer the tobacco compliance employee training program 63 19 under section 453A.2A. Moneys deposited in the fund shall not 63 20 be transferred, used, obligated, appropriated, or otherwise 63 21 encumbered except as provided in this subsection. 63 22 Notwithstanding section 8.33, any unexpended balance in the 63 23 fund at the end of the fiscal year shall be retained in the 63 24 fund. 63 25 Sec. 131. Section 453C.1, subsection 10, Code 2003, is 63 26 amended to read as follows: 63 27 10. "Units sold" means the number of individual cigarettes 63 28 sold in the state by the applicable tobacco product 63 29 manufacturer, whether directly or through a distributor, 63 30 retailer, or similar intermediary or intermediaries, during 63 31 the year in question, as measured by excise taxes collected by 63 32 the state on packs or roll-your-own tobacco containersbearing63 33the excise tax stamp of the state. The department of revenue 63 34 and finance shall adopt rules as are necessary to ascertain 63 35 the amount of state excise tax paid on the cigarettes of such 64 1 tobacco product manufacturer for each year. 64 2 Sec. 132. Section 453C.2, subsection 2, paragraph b, 64 3 subparagraph (2), Code 2003, is amended to read as follows: 64 4 (2) To the extent that a tobacco product manufacturer 64 5 establishes that the amount the manufacturer was required to 64 6 place into escrow on account of units sold in the state in a 64 7 particular year was greater thanthe state's allocable share64 8of the total payments that such manufacturer would have been64 9required to make in that year under the master settlement64 10agreementthe master settlement agreement payments, as 64 11 determined pursuant to section IX(i) of that agreement 64 12 including after final determination of all adjustments, that 64 13 such manufacturer would have been required to make on account 64 14 of such units sold had such manufacturer been a participating 64 15 manufacturer,as such payments are determined pursuant to64 16section IX(i)(2) of the master settlement agreement and before64 17any of the adjustments or offsets described in section64 18IX(i)(3) of that agreement other than the inflation64 19adjustment,the excess shall be released from escrow and 64 20 revert back to such tobacco product manufacturer. 64 21 Sec. 133. Section 455D.9, Code 2003, is amended by adding 64 22 the following new subsection: 64 23 NEW SUBSECTION. 1A. Yard waste may be accepted by a 64 24 sanitary landfill for land disposal if the sanitary landfill 64 25 operates an active methane collection system that produces 64 26 electricity. 64 27 Sec. 134. Section 476.33, Code 2003, is amended by adding 64 28 the following new subsection: 64 29 NEW SUBSECTION. 5. a. The board shall adopt rules that 64 30 require the board, in a rate regulatory proceeding under 64 31 sections 476.3 and 476.6, to consider both of the following 64 32 for inclusion in rates: 64 33 (1) Capital infrastructure investments that will not 64 34 produce significant additional revenues and will be in service 64 35 in Iowa within nine months after the conclusion of the test 65 1 year. 65 2 (2) Cost of capital changes that will occur within nine 65 3 months after the conclusion of the test year that are 65 4 associated with a new generating plant that has been the 65 5 subject of a ratemaking principles proceeding pursuant to 65 6 section 476.53. 65 7 b. This subsection is repealed effective July 1, 2007. 65 8 However, any utilities board proceeding that is pending on 65 9 July 1, 2007, that is being conducted pursuant to section 65 10 476.3 or 476.6 shall be completed as if this section had not 65 11 been repealed. Upon repeal, the board may still consider the 65 12 adjustments addressed in this subsection, but shall not be 65 13 required to consider them. 65 14 Sec. 135. Section 505.7, Code 2003, is amended by adding 65 15 the following new subsection: 65 16 NEW SUBSECTION. 9. The commissioner may retain funds 65 17 collected during the fiscal year beginning July 1, 2003, 65 18 pursuant to any settlement, enforcement action, or other legal 65 19 action authorized under federal or state law for the purpose 65 20 of reimbursing costs and expenses of the division. 65 21 Sec. 136. Section 518.18, unnumbered paragraph 2, Code 65 22 2003, is amended to read as follows: 65 23 1.TwoThe applicable percent of the gross amount of 65 24 premiums received during the preceding calendar year, after 65 25 deducting the amount returned upon the canceled policies, 65 26 certificates, and rejected applications; and after deducting 65 27 premiums paid for windstorm or hail reinsurance on properties 65 28 specifically reinsured; provided, however, that. However, the 65 29 reinsurer of such windstorm or hail risks shall paytwothe 65 30 applicable percent of the gross amount of reinsurance premiums 65 31 received upon such risks after deducting the amounts returned 65 32 upon canceled policies, certificates, and rejected 65 33 applications. For purposes of this section, "applicable 65 34 percent" means the same as specified in section 432.1, 65 35 subsection 4. 66 1 2. Except as provided in subsection 3, the premium tax 66 2 shall be paid on or before March 1 of the year following the 66 3 calendar year for which the tax is due. The commissioner of 66 4 insurance may suspend the certificate of authority of a county 66 5 mutual insurance association that fails to pay its premium tax 66 6 on or before the due date. 66 7 3. a. Each county mutual insurance association 66 8 transacting business in this state whose Iowa premium tax 66 9 liability for the preceding calendar year was one thousand 66 10 dollars or more shall remit on or before June 1, on a 66 11 prepayment basis, an amount equal to one-half of the premium 66 12 tax liability for the preceding calendar year. 66 13 b. In addition to the prepayment amount in paragraph "a", 66 14 each association shall remit on or before June 30, on a 66 15 prepayment basis, an additional amount equal to the following 66 16 percent of the premium tax liability for the preceding 66 17 calendar year as follows: 66 18 (1) For prepayment in the 2003 and 2004 calendar years, 66 19 eleven percent. 66 20 (2) For prepayment in the 2005 calendar year, twenty-six 66 21 percent. 66 22 (3) For prepayment in the 2006 and subsequent calendar 66 23 years, fifty percent. 66 24 c. The sums prepaid by a county mutual insurance 66 25 association under this subsection shall be allowed as credits 66 26 against its premium tax liability for the calendar year during 66 27 which the payments are made. If a prepayment made under this 66 28 subsection exceeds the annual premium tax liability, the 66 29 excess shall be allowed as a credit against subsequent 66 30 prepayment or tax liabilities. The commissioner of insurance 66 31 may suspend the certificate of authority of an association 66 32 that fails to make a prepayment on or before the due date. 66 33 Sec. 137. Section 518A.35, Code 2003, is amended to read 66 34 as follows: 66 35 518A.35 ANNUAL TAX. 67 1 1. A state mutual insurance association doing business 67 2 under this chapter shall on or before the first day of March, 67 3 each year, pay to the director of revenue and finance, or a 67 4 depository designated by the director, a sum equivalent totwo67 5 the applicable percent of the gross receipts from premiums and 67 6 fees for business done within the state, including all 67 7 insurance upon property situated in the state without 67 8 including or deducting any amounts received or paid for 67 9 reinsurance. However, a company reinsuring windstorm or hail 67 10 risks written by county mutual insurance associations is 67 11 required to paya twothe applicable percent tax on the gross 67 12 amount of reinsurance premiums received upon such risks, but 67 13 after deducting the amount returned upon canceled policies and 67 14 rejected applications covering property situated within the 67 15 state, and dividends returned to policyholders on property 67 16 situated within the state. For purposes of this section, 67 17 "applicable percent" means the same as specified in section 67 18 432.1, subsection 4. 67 19 2. Except as provided in subsection 3, the premium tax 67 20 shall be paid on or before March 1 of the year following the 67 21 calendar year for which the tax is due. The commissioner of 67 22 insurance may suspend the certificate of authority of a state 67 23 mutual insurance association that fails to pay its premium tax 67 24 on or before the due date. 67 25 3. a. Each state mutual insurance association transacting 67 26 business in this state whose Iowa premium tax liability for 67 27 the preceding calendar year was one thousand dollars or more 67 28 shall remit on or before June 1, on a prepayment basis, an 67 29 amount equal to one-half of the premium tax liability for the 67 30 preceding calendar year. 67 31 b. In addition to the prepayment amount in paragraph "a", 67 32 each association shall remit on or before June 30, on a 67 33 prepayment basis, an additional amount equal to the following 67 34 percent of the premium tax liability for the preceding 67 35 calendar year as follows: 68 1 (1) For prepayment in the 2003 and 2004 calendar years, 68 2 eleven percent. 68 3 (2) For prepayment in the 2005 calendar year, twenty-six 68 4 percent. 68 5 (3) For prepayment in the 2006 and subsequent calendar 68 6 years, fifty percent. 68 7 c. The sums prepaid by a state mutual insurance 68 8 association under this subsection shall be allowed as credits 68 9 against its premium tax liability for the calendar year during 68 10 which the payments are made. If a prepayment made under this 68 11 subsection exceeds the annual premium tax liability, the 68 12 excess shall be allowed as a credit against subsequent 68 13 prepayment or tax liabilities. The commissioner of insurance 68 14 may suspend the certificate of authority of an association 68 15 that fails to make a prepayment on or before the due date. 68 16 Sec. 138. 2003 Iowa Acts, Senate File 453, section 30, if 68 17 enacted, is amended by striking the section and inserting in 68 18 lieu thereof the following: 68 19 SEC. 30. CHARGE FOR RENT. For the fiscal year beginning 68 20 July 1, 2003, and ending June 30, 2004, the department of 68 21 administrative services, if established in 2003 Iowa Acts, 68 22 House File 534, shall transfer $900,000 to the general fund of 68 23 the state from the rent fund if established under section 68 24 8A.123 in 2003 Iowa Acts, House File 534. 68 25 Sec. 139. 2003 Iowa Acts, Senate File 453, section 35, if 68 26 enacted, is amended to read as follows: 68 27 SEC. 35. CHARTER AGENCY APPROPRIATIONS. 68 28 1. Notwithstanding any provision of law to the contrary, 68 29 the total operating appropriations reductions as allowed under 68 30 section 7J.1 from the general fund of the state to those 68 31 departments and agencies designated as charter agencies and 68 32 additional revenue to the general fund of the state attributed 68 33 to the reinvention process as determined by the department of 68 34 management above that already committed to the general fund of 68 35 the state generated for the fiscal year beginning July 1, 69 1 2003, and ending June 30, 2004, as provided by the 69 2 appropriation to those agencies as enacted by the Eightieth 69 3 General Assembly, 2003 Regular Session, shallbe reduced by69 4 total $15,000,000. The department of management shall apply 69 5 the appropriation reductions, with a target of a 10 percent69 6reduction for each charter agency,as necessarytowhich along 69 7 with additional generated revenue shall achieve the overall 69 8 reduction amount and shall make this information available to 69 9 the legislative fiscal committee and the legislative fiscal 69 10 bureau.It is the intent of the general assembly that69 11appropriations to a charter agency in subsequent fiscal years69 12shall be similarly adjusted from the appropriation that would69 13otherwise have been enacted.69 14 2. There is appropriated from the general fund of the 69 15 state to the department of management for the fiscal year 69 16 beginning July 1, 2003, and ending June 30, 2004, the 69 17 following amount, or so much thereof as is necessary, to be 69 18 used for the purposes designated: 69 19 For deposit in the charter agencyloangrant fund created 69 20 in section 7J.2: 69 21 .................................................. $ 3,000,000 69 223. For the fiscal year beginning July 1, 2003, and ending69 23June 30, 2004, if the actual amount of revenue received by a69 24charter agency exceeds the revenue amount budgeted for that69 25charter agency by the governor and the general assembly, the69 26charter agency may consider the excess amount to be repayment69 27receipts as defined in section 8.2.69 28 Sec. 140. Notwithstanding section 8.33, unencumbered and 69 29 unobligated funds remaining from the appropriation made in 69 30 1996 Iowa Acts, chapter 1218, section 13, subsection 2, 69 31 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts, 69 32 chapter 215, section 3, and from the appropriation made in 69 33 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall 69 34 not revert but shall be available for the purposes designated 69 35 in those provisions until the close of the fiscal year 70 1 beginning July 1, 2003. 70 2 Sec. 141. 2003 Iowa Acts, Senate File 453, section 49, 70 3 subsection 1, unnumbered paragraph 1, if enacted, is amended 70 4 to read as follows: 70 5 The department of human services shall establish a work 70 6 group in cooperation with representatives of the insurance 70 7 industry and members of the medical assistance advisory 70 8 council to develop a plan for the redesign of the medical 70 9 assistance program. In developing the redesign plan, the work 70 10 group shall consider all of the following: 70 11 Sec. 142. 2003 Iowa Acts, Senate File 453, section 121, if 70 12 enacted, is amended to read as follows: 70 13 SEC. 121. EFFECTIVE DATE. This division of this Act, 70 14 creating the Iowa lottery authority, takes effectSeptember70 15 July 1, 2003. 70 16 Sec. 143. Sections 266.8, 266.24, 266.25, and 266.26, Code 70 17 2003, are repealed. 70 18 Sec. 144. REPORT ON FEDERAL ELECTION LAW IMPLEMENTATION. 70 19 The state committee, if formed, shall develop a plan for 70 20 compliance with the federal Help America Vote Act, Pub. L. No. 70 21 107-252, and the state committee, in conjunction with the 70 22 state commissioner of elections, shall provide quarterly 70 23 updates to the Senate and House of Representatives standing 70 24 committees on government oversight on the status of the 70 25 implementation of Pub. L. No. 107-252. 70 26 Sec. 145. SALE OF DEPARTMENT OF CORRECTIONS' REAL 70 27 PROPERTY. 70 28 1. Immediately after the effective date of this section, 70 29 the department of corrections shall develop a plan to sell, at 70 30 market value, the twenty-acre tract of undeveloped land 70 31 adjacent to the Iowa correctional institution for women to any 70 32 municipality with a population of less than twenty thousand 70 33 persons. The plan shall include the sale of the tract of land 70 34 within a commercially reasonable time. The sale shall be 70 35 negotiated by the department and shall be handled in a manner 71 1 that is financially beneficial to the department. The 71 2 department shall as a condition of the sale to the 71 3 municipality require that the land not be sold by the 71 4 municipality for a period of ninety-nine years unless the land 71 5 is resold back to the state. Appraisals conducted by the 71 6 department of the value of the land shall be made available to 71 7 the public immediately following the sale of the tract of 71 8 land. If the department is unable to negotiate a financially 71 9 beneficial sale, the tract of land shall not be sold, and the 71 10 department shall provide the legislative fiscal bureau with 71 11 the reasons the sale did not occur. 71 12 2. The proceeds from the sale of the property as provided 71 13 in subsection 1 shall be retained by the department of 71 14 corrections to be used for correctional facilities. The costs 71 15 incident to the sale of the tract of land including, but not 71 16 limited to, appraisals, invitations for offers, abstracts, and 71 17 other necessary costs, may be paid from the proceeds of the 71 18 sale or from moneys appropriated for support and maintenance 71 19 to the institution at which the real estate is located. 71 20 3. The provisions of section 904.317 shall not apply to 71 21 the sale of the tract of land sold in accordance with this 71 22 section. 71 23 Sec. 146. SALES AND USE TAX REFUND. 71 24 1. Notwithstanding the one-year application period 71 25 provided for in section 422.45, subsection 7, paragraph "b", 71 26 an application by a city with a population between 550 and 625 71 27 located entirely in a county with a population between 39,750 71 28 and 41,750 for a refund of sales, services, or use tax paid 71 29 upon any goods, wares, or merchandise, or services rendered, 71 30 furnished, or performed and used in the performance of 71 31 contracts involving a street construction project and a sewer 71 32 project is considered timely filed under section 422.45, 71 33 subsection 7, if the application for refund is filed with the 71 34 department of revenue and finance on or before August 1, 2003. 71 35 2. Notwithstanding the amount applied for under subsection 72 1 1, the amount of a refund paid under this section shall not 72 2 exceed $15,000. 72 3 Sec. 147. SCHOOL DISTRICT REIMBURSEMENT CLAIM. 72 4 1. Any school district located in a county with a 72 5 population between 11,550 and 12,000 is authorized to refile a 72 6 claim for state reimbursement of the costs of providing 72 7 vocational education programs at the secondary level in its 72 8 district notwithstanding the denial of its previously filed 72 9 claim with the state appeal board if the claim is filed by 72 10 October 1, 2003. Such claim shall be considered timely filed 72 11 notwithstanding any provision of law. 72 12 2. If the claim filed pursuant to subsection 1 is a valid 72 13 claim for state reimbursement, the claim shall be paid subject 72 14 to the following: 72 15 a. The amount of costs reimbursed shall not exceed 6.5 72 16 percent. 72 17 b. Any amount reimbursed pursuant to any previously filed 72 18 claim relating to the same costs shall not be included. 72 19 c. The total amount reimbursed under this section shall 72 20 not exceed $6,000. 72 21 Sec. 148. COORDINATION OF PUBLIC TRANSPORTATION STUDY. 72 22 The state department of transportation shall conduct a study 72 23 and prepare a report pertaining to administrative efficiencies 72 24 that may be gained by the coordination of transit management 72 25 and maintenance systems in the areas of school transportation, 72 26 public transit, and other forms of public transportation. The 72 27 report shall be provided to the general assembly by December 72 28 31, 2003. 72 29 Sec. 149. SUPPLEMENTAL PAYMENT ADJUSTMENTS FOR PHYSICIAN 72 30 SERVICES. To the extent that, pursuant to law enacted by the 72 31 Eightieth General Assembly, 2003 Session, supplemental payment 72 32 adjustments are implemented for physician services provided to 72 33 medical assistance program participants at publicly owned 72 34 acute care hospitals, the department of human services shall 72 35 not, directly or indirectly, recoup the supplemental payment 73 1 adjustments for any reason, unless an amount equivalent to the 73 2 amount of adjustment funds that were transferred to the 73 3 department by the state university of Iowa college of medicine 73 4 is transferred by the department to the qualifying physicians. 73 5 Sec. 150. UTILITIES BOARD REVIEW. The utilities board 73 6 shall initiate and coordinate a review of current ratemaking 73 7 procedures to determine whether different procedures would be 73 8 cost-effective and would result in rates that more accurately 73 9 reflect a utility's cost of providing service to its customers 73 10 in Iowa. The board shall allow the consumer advocate division 73 11 of the department of justice, the rate-regulated utilities, 73 12 and other interested persons to participate in its review. 73 13 The board shall report the results of its review to the 73 14 general assembly, with recommendations as appropriate, on or 73 15 before January 5, 2004. 73 16 Sec. 151. USE OF TEAM-BASED VARIABLE PAY MONEYS FOR FY 73 17 2003-2004. Notwithstanding section 284.13, subsection 1, 73 18 paragraph a, of the moneys reserved for purposes of team-based 73 19 variable pay for the fiscal year beginning July 1, 2003, and 73 20 ending June 30, 2004, the sum of two hundred thousand dollars 73 21 shall be used for purposes of the reading instruction pilot 73 22 program established pursuant to 2003 Iowa Acts, House File 73 23 549, if enacted. 73 24 Sec. 152. FULL-SIZE OFF-HIGHWAY VEHICLE REGISTRATION 73 25 PROGRAM – PLAN. The department of natural resources and the 73 26 state department of transportation, in consultation with the 73 27 Iowa association of four wheel drive clubs, shall develop a 73 28 plan for the establishment of a registration program for full- 73 29 size off-highway vehicles for the purposes of regulating the 73 30 recreational use of full-size off-highway vehicles and 73 31 establishing a full-size off-highway vehicle recreation area 73 32 in the state. The plan shall include an analysis of the 73 33 number of full-size off-highway vehicles expected to be 73 34 registered prior to the establishment of a full-size off- 73 35 highway vehicle recreation area and the number of 74 1 registrations expected after the establishment of such a 74 2 facility. The plan shall also include optimum locations for a 74 3 full-size off-highway vehicle recreation area, estimated 74 4 costs, if any, for maintenance of the area, and any other 74 5 issues the departments and the association deem to be of 74 6 importance in the planning process. The plan, which shall 74 7 include any proposed legislation for implementation of the 74 8 plan, shall be submitted to the legislative services agency 74 9 and the general assembly no later than January 1, 2004. 74 10 Sec. 153. ELIMINATION OF POSITION – IOWA LAW ENFORCEMENT 74 11 ACADEMY DIRECTOR. The merit position of director of the Iowa 74 12 law enforcement academy referred to in section 80B.5, Code 74 13 2003, is eliminated effective April 30, 2004. 74 14 Sec. 154. SEVERABILITY. 74 15 1. If this entire Act or any portion of section 453C.2, 74 16 subsection 2, paragraph "b", subparagraph (2), as amended in 74 17 this Act, is held by a court of competent jurisdiction to be 74 18 unconstitutional, section 453C.2, subsection 2, paragraph "b", 74 19 subparagraph (2), is repealed in its entirety. 74 20 2. If section 453C.2, subsection 2, paragraph "b", 74 21 subparagraph (2), is repealed pursuant to subsection 1 and a 74 22 court of competent jurisdiction subsequently finds that 74 23 section 453C.2, subsection 2, paragraph "b", is 74 24 unconstitutional due to such repeal, section 453C.2, 74 25 subsection 2, paragraph "b", subparagraph (2), Code 2003, 74 26 shall be restored. 74 27 3. Any holding of unconstitutionality or any repeal of 74 28 section 453C.2, subsection 2, paragraph "b", subparagraph (2), 74 29 as amended in this Act, or of section 453C.2, subsection 2, 74 30 paragraph "b", subparagraph (2), Code 2003, shall not affect, 74 31 impair, or invalidate any other portion of section 453C.2 or 74 32 the application of that section to any other person or 74 33 circumstance, and the remaining portions of section 453C.2, 74 34 shall continue in full force and effect. 74 35 Sec. 155. FEDERAL HOUSING MONEYS. Any federal moneys 75 1 received by the department of economic development for the 75 2 community development block grant program that are allocated 75 3 for housing and any federal moneys received for the HOME 75 4 investment partnership program shall be coordinated with 75 5 projects within the housing trust fund established in section 75 6 16.181, if enacted. 75 7 Sec. 156. SMALLPOX VACCINATIONS. It is the intent of the 75 8 general assembly that public safety workers, smallpox response 75 9 teams, and others who will be required to be vaccinated 75 10 pursuant to the federal Homeland Security Act be protected 75 11 from both health-related and other results of the federally 75 12 required vaccination. The emergency management division of 75 13 the Iowa department of public defense and local governments 75 14 should work with employees in the public safety areas or 75 15 response teams to achieve the following: 75 16 1. Vaccinations should be given only on a voluntary basis. 75 17 2. Extensive screening should be employed to protect those 75 18 workers who would be at risk from current health conditions if 75 19 vaccinated. 75 20 3. Reprisals or discrimination for workers not voluntarily 75 21 receiving vaccinations should be prohibited. 75 22 4. Public employers should protect employees from loss of 75 23 income or seniority as a result of side effects from 75 24 vaccinations. Homeland security moneys received by the 75 25 emergency management division of the Iowa department of public 75 26 defense from the federal government should include a set-aside 75 27 to purchase supplemental insurance for public safety or 75 28 response employees to cover those reactions not covered by 75 29 traditional employer-provided health insurance. 75 30 5. Disability or long-term reactions from vaccinations 75 31 should be considered a work-related injury and should be 75 32 covered by local or state policies governing disability. 75 33 6. Vaccinations should be scheduled at staggered times to 75 34 allow for normal loss of staff time because of vaccination- 75 35 related illnesses without seriously hampering public safety 76 1 service. 76 2 7. Vaccinations administered in Iowa should meet the 76 3 requirements of the federal Needlestick Safety and Prevention 76 4 Act of 2000 that requires safety features in the use of 76 5 needles to administer medicine. 76 6 8. The emergency management division of the Iowa 76 7 department of public defense should coordinate efforts to 76 8 ensure adequate supplies of vaccinia immune globulin and 76 9 cidofovir and other appropriate medical care and 76 10 pharmaceuticals to protect those employees who suffer 76 11 reactions to vaccinations. 76 12 Sec. 157. CODE EDITOR DIRECTIVE. The Code editor shall 76 13 change the name of the department of public defense, emergency 76 14 management division, to the department of public defense, 76 15 homeland security and emergency management division, in 76 16 chapter 29C and elsewhere throughout the Code, including 76 17 references to the division made in law enacted by the 76 18 Eightieth General Assembly, 2003 Regular Session and other 76 19 enactments. 76 20 Sec. 158. RECORDING AND TRANSACTION FEE REPORT. The 76 21 treasurer of state shall submit a report to the governor and 76 22 general assembly on or before December 1, 2003, detailing the 76 23 amount of fees collected statewide pursuant to section 331.604 76 24 in each fiscal year of the period beginning July 1, 2000, and 76 25 ending June 30, 2003, and the amount of electronic transaction 76 26 fees collected statewide for the period beginning July 1, 76 27 2003, and ending September 30, 2003, pursuant to section 76 28 331.605C, if enacted by 2003 Iowa Acts, Senate File 453, 76 29 section 25. 76 30 Sec. 159. EFFECTIVE DATES. The following provisions of 76 31 this division of this Act, being deemed of immediate 76 32 importance, take effect upon enactment: 76 33 1. The amendments to sections 8.23, 8.31, and 8.57 which 76 34 are first applicable to appropriations made for the fiscal 76 35 year beginning July 1, 2003. 77 1 2. The amendment to section 12E.12. 77 2 3. The amendments to sections 15E.42, 15E.43, 15E.45, and 77 3 15E.51, which apply retroactively to January 1, 2002, for tax 77 4 years beginning on or after that date. 77 5 4. The amendment to section 15E.193B. 77 6 5. The amendment to section 435.26A. 77 7 6. The amendment to section 453A.2, which shall only take 77 8 effect if 2003 Iowa Acts, Senate File 401, is enacted by the 77 9 Eightieth General Assembly, 2003 Regular Session. 77 10 7. The amendments to sections 453C.1 and 453C.2 and the 77 11 related severability provision. 77 12 8. The amendments to sections 518.18 and 518A.35. 77 13 9. The section directing the department of corrections to 77 14 develop a plan for selling certain land. 77 15 10. The section relating to the sales and use tax refund. 77 16 11. The section relating to the school district 77 17 reimbursement claim. 77 18 The sections of this division of this Act amending section 77 19 80B.5 and enacting section 80B.5A are applicable to the 77 20 appointment of the director of the Iowa law enforcement 77 21 academy for the term beginning May 1, 2004. 77 22 Section 29C.8, subsection 3, paragraph "f", as enacted in 77 23 this division of this Act, and the amendment to section 77 24 29C.20, subsection 1, as enacted in this division of this Act, 77 25 take effect July 1, 2004. 77 26 DIVISION VIII 77 27 MEDICAL ASSISTANCE PROGRAM 77 28 Sec. 160. Section 135C.31A, if enacted by 2003 Iowa Acts, 77 29 House File 619, section 2, is amended to read as follows: 77 30 135C.31A ASSESSMENT OF RESIDENTS – PROGRAM ELIGIBILITY. 77 31 Beginning July 1, 2003, a health care facility receiving 77 32 reimbursement through the medical assistance program under 77 33 chapter 249A shall assist the Iowa commission of veterans 77 34 affairs indetermining, prior to the initialidentifying, upon 77 35 admission of a resident, theprospectiveresident's 78 1 eligibility for benefits through the federal department of 78 2 veterans affairs. The health care facility shall also assist 78 3 the Iowa commission of veterans affairs in determining such 78 4 eligibility for residents residing in the facility on July 1, 78 5 2003. The department of inspections and appeals, in 78 6 cooperation with the department of human services, shall adopt 78 7 rules to administer this section, including a provision that 78 8 ensures that if a resident is eligible for benefits through 78 9 the federal department of veterans affairs or other third- 78 10 party payor, the payor of last resort for reimbursement to the 78 11 health care facility is the medical assistance program. This 78 12 section shall not apply to the admission of an individual to a 78 13 state mental health institute for acute psychiatric care. 78 14 Sec. 161. Section 249A.20A, if enacted by 2003 Iowa Acts, 78 15 House File 619, section 3, is amended by adding the following 78 16 new subsection: 78 17 NEW SUBSECTION. 5A. The department shall adopt rules to 78 18 provide a procedure under which the department and the 78 19 pharmaceutical and therapeutics committee may disclose 78 20 information relating to the prices manufacturers or 78 21 wholesalers charge for pharmaceuticals. The procedures 78 22 established shall comply with 42 U.S.C. } 1396r-8 and with 78 23 chapter 550. 78 24 Sec. 162. Section 249A.20B, if enacted by 2003 Iowa Acts, 78 25 House File 619, section 4, is amended by adding the following 78 26 new subsection: 78 27 NEW SUBSECTION. 5A. The department of human services 78 28 shall provide a reimbursement to nursing facilities under this 78 29 section. The reimbursement amount shall be calculated as a 78 30 per patient day amount and shall be paid to nursing facilities 78 31 in addition to the reimbursement payment specified in 2001 78 32 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 78 33 "c". 78 34 Sec. 163. 2003 Iowa Acts, House File 619, section 5, if 78 35 enacted, is amended by striking the section and inserting in 79 1 lieu thereof the following: 79 2 SEC. 5. CASE MANAGEMENT PROGRAM FOR FRAIL ELDERS. 79 3 1. The general assembly finds that the existing case 79 4 management program for frail elders administered by the 79 5 department of elder affairs is an important component of the 79 6 long-term care system in this state. The program emphasizes 79 7 the independence and dignity of the individual while providing 79 8 services in a cost-effective manner. 79 9 2. The purposes of the case management program for frail 79 10 elders include all of the following: 79 11 a. To provide planning, policy development, coordination, 79 12 and administrative oversight. 79 13 b. To provide assistance in the form of assessment and 79 14 care coordination under circumstances in which an elder or the 79 15 elder's caregiver is experiencing diminished functional 79 16 capacity or other conditions that require the provision of 79 17 services by professional service providers. 79 18 c. To maintain a system that focuses on the delivery of 79 19 home and community-based services that emphasize individual 79 20 independence, individual needs and desires, and consumer- 79 21 driven quality of services. 79 22 3. It is the intent of the general assembly that the 79 23 department of elder affairs in collaboration with the 79 24 department of human services, area agencies on aging, advocacy 79 25 groups, industry representatives, and consumers submit 79 26 recommendations to the general assembly by October 1, 2003, 79 27 regarding the redesigning of the case management program for 79 28 the frail elderly including preadmission screening 79 29 methodologies, level of care determinations and ongoing 79 30 methodologies for the coordination, provision, and delivery of 79 31 home and community-based services. 79 32 4. It is also the intent of the general assembly that the 79 33 department of elder affairs and the department of human 79 34 services coordinate efforts to resolve issues relating to 79 35 level of care determinations no later than October 1, 2003. 80 1 Sec. 164. 2003 Iowa Acts, House File 619, section 7, 80 2 subsection 4, paragraph b, if enacted, is amended to read as 80 3 follows: 80 4 b. Pharmacies and providers that are enrolled in the 80 5 medical assistance program shall make available drug 80 6 acquisition cost information, product availability 80 7 information, and other information deemed necessary by the 80 8 department for the determination of reimbursement rates and 80 9 the efficient operation of the pharmacy benefit. Pharmacies 80 10 and providers shall produce and submit the requested 80 11 information in the manner and format requested by the 80 12 department or its designee at no cost to the department or 80 13 designee. Pharmacies and providers shall submit information 80 14 to the department or its designee within thirty days following 80 15 receipt of a request for information unless the department or 80 16 its designee grants an extension upon written request of the 80 17 pharmacy or provider. Notwithstanding the required provision 80 18 of information by pharmacies and providers under this 80 19 paragraph, if the department is able to obtain any of the 80 20 information required to be provided under this paragraph in an 80 21 alternative manner, through which the department is ensured of 80 22 the validity and accuracy of the information and of the timely 80 23 submission of the information, the department may instead 80 24 obtain the information in the alternative manner. Chapter 550 80 25 shall apply to the information provided by pharmacies and 80 26 providers under this paragraph. 80 27 Sec. 165. 2003 Iowa Acts, House File 619, section 9, if 80 28 enacted, is amended to read as follows: 80 29 SEC. 9. NURSING FACILITY REIMBURSEMENT. Notwithstanding 80 30 2001 Iowa Acts, chapter 192, section 4, subsection 2, 80 31 paragraph "c", and subsection 3, paragraph "a", subparagraph 80 32 (2), if projected state fund expenditures for reimbursement of 80 33 nursing facilities for the fiscal year beginning July 1, 2003, 80 34 in accordance with the reimbursement rate specified in 2001 80 35 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 81 1 "c",exceedsexceed $147,252,856, the department shall adjust 81 2 the inflation factor of the reimbursement rate calculation to 81 3 provide reimbursement within the amountprojectedspecified in 81 4 this section. The department, in consultation with nursing 81 5 facility representatives, shall review the projections on a 81 6 quarterly basis to determine if an interim adjustment is 81 7 necessary in order to provide reimbursement within the amount 81 8 specified in this section. In reviewing the projections, the 81 9 department shall consider the savings from the reduction in 81 10 bed hold payments, elimination of crossover claims, and 81 11 increases in Medicare part A utilization. 81 12 Sec. 166. 2003 Iowa Acts, House File 619, section 12, 81 13 subsections 2 and 3, if enacted, are amended to read as 81 14 follows: 81 15 2. The department of human services, in cooperation with 81 16 the department's fiscal agent and in consultation with a 81 17 chronic caremanagement resource groupconsortium, shall 81 18 profile medical assistance recipients within a select number 81 19 of disease diagnosis categories. The assessment shall focus 81 20 on those diagnosis areas that present the greatest opportunity 81 21 for impact to improved care and cost reduction. 81 22 3. The department of human services, in consultation with 81 23 a chronic caremanagement resource groupconsortium, shall 81 24 conduct a chronic disease management pilot project for a 81 25 select number of individuals who are participants in the 81 26 medical assistance program. The project shall focus on a 81 27 select number of chronic diseases which may include congestive 81 28 heart failure, diabetes, and asthma. The initial pilot 81 29 project shall be implemented by October 1, 2003. 81 30 Sec. 167. 2003 Iowa Acts, House File 619, section 12, 81 31 subsection 4, if enacted, is amended by striking the 81 32 subsection and inserting in lieu thereof the following: 81 33 4. The department of human services may procure a sole 81 34 source contract with a vendor to manage individuals with 81 35 select chronic diseases following the conclusion of the 82 1 profiling of medical assistance recipients. The management of 82 2 chronic diseases for individuals under this subsection may be 82 3 coordinated with the pilot project established in subsection 82 4 3. 82 5 Sec. 168. 2002 Iowa Acts, Second Extraordinary Session, 82 6 chapter 1003, section 110, is amended by adding the following 82 7 new paragraph: 82 8 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, up 82 9 to $2,400,000 of the funds appropriated in this section that 82 10 remain unencumbered or unobligated at the close of the fiscal 82 11 year shall not revert but shall remain available in the 82 12 succeeding fiscal year to be used for additional field 82 13 operations, full-time equivalent positions and general 82 14 administration. Four hundred thousand dollars of this amount 82 15 shall be used for eight full-time equivalent positions to 82 16 provide a case manager in each of the judicial districts to 82 17 provide coordination of services for families that have a 82 18 history of methamphetamine abuse and $400,000 of this amount 82 19 shall be used for general administration. 82 20 Sec. 169. VETERANS – DIRECTIVE. The commission of 82 21 veterans affairs shall work with the commandant of the Iowa 82 22 veterans home, the department of human services, and the 82 23 department of inspections and appeals to identify the 82 24 residents of health care facilities who may be eligible for 82 25 benefits through the federal department of veterans affairs 82 26 pursuant to section 135C.31A, if enacted by 2003 Iowa Acts, 82 27 House File 619. 82 28 Sec. 170. The section of this division of this Act 82 29 amending 2002 Iowa Acts, Second Extraordinary Session, chapter 82 30 1003, section 110, relating to certain federal temporary 82 31 assistance for needy families block grant funding, takes 82 32 effect upon enactment. 82 33 DIVISION IX 82 34 Sec. 171. PURPOSE AND DEFINITIONS. 82 35 1. PURPOSE. The general assembly finds that the Iowa 83 1 communications network is a valuable state asset that has 83 2 served the people of the state well, but which requires 83 3 significant ongoing financial support from the state in the 83 4 form of annual appropriations. The operation of a 83 5 telecommunications network is a function that can be and 83 6 generally is conducted by private enterprise. It is in the 83 7 public interest to sell the Iowa communications network to a 83 8 qualified private business enterprise that will commit to 83 9 provide the same secure low-cost high-quality service to state 83 10 and federal agencies and military installations now provided 83 11 by the network. Through such a sale, the state would 83 12 eliminate the need for ongoing annual appropriations while 83 13 preserving the key benefits enjoyed by the state under the 83 14 present state ownership of the network. The state also 83 15 expects to obtain sufficient proceeds from such a sale to 83 16 cover existing obligations and to realize additional proceeds 83 17 above the level of such obligations. Given the current 83 18 depressed state of the telecommunications industry, the state 83 19 can reasonably be expected to maximize sales proceeds by 83 20 allowing a purchaser a period of time in which to assemble 83 21 financing for its purchase. During the interim between 83 22 enactment of this division of this Act and completion of a 83 23 sale, the services of a private-enterprise manager with 83 24 experience operating telecommunications networks can 83 25 reasonably be expected to reduce the costs of operating the 83 26 Iowa communications network, thereby lowering annual 83 27 appropriations. 83 28 2. DEFINITIONS. As used in this division of this Act, 83 29 unless the context otherwise requires: 83 30 a. "Board" means the state network privatization board. 83 31 b. "Commission" means the Iowa telecommunications and 83 32 technology commission established in section 8D.3 to oversee 83 33 the operations of the network. 83 34 c. "Management contract" means an agreement between the 83 35 board and the manager for services to oversee and operate the 84 1 network on behalf of the state. 84 2 d. "Manager" means the private entity selected by the 84 3 board to oversee and operate the network on behalf of the 84 4 state. 84 5 e. "Network" means the Iowa or state communications 84 6 network as defined in section 8D.2. 84 7 f. "Out-of-pocket expenses" means moneys paid to an 84 8 unaffiliated third party for engineering, legal, consulting, 84 9 or other services or goods by a manager or purchaser. 84 10 g. "Purchaser" means the entity that is selected by the 84 11 board to purchase the network from the state. 84 12 h. "Required third-party approval" means any consent, 84 13 conveyance, approval, or waiver that must be granted by a 84 14 private, governmental, or quasi-governmental third party in 84 15 order for the purchaser to receive clear title to all network 84 16 assets and the right to use the network assets free of adverse 84 17 claims. Required third-party approvals include but are not 84 18 limited to all of the following: 84 19 (1) Approvals of assignments to the purchaser of the 84 20 state's rights under leases or contracts between the state and 84 21 the third party. 84 22 (2) Conveyance to the purchaser of property that the third 84 23 party currently leases to the state on a term with less than 84 24 fifteen years remaining. 84 25 (3) Release of restrictions in contracts that require that 84 26 the state operate the network. 84 27 i. "Sales contract" means the contract between the state 84 28 as seller, represented by the board, and the purchaser, for 84 29 sale of the network to the purchaser. 84 30 Sec. 172. STATE NETWORK PRIVATIZATION BOARD CREATED – 84 31 DUTIES. 84 32 1. A state network privatization board is created. The 84 33 board shall consist of the following members: 84 34 a. A chairperson member appointed by the legislative 84 35 council, subject to confirmation by the senate. 85 1 b. A member, who shall not be of the same political party 85 2 as the chairperson, appointed by the governor subject to 85 3 confirmation by the senate. 85 4 c. The adjutant general or the adjutant general's 85 5 designee. 85 6 2. The board shall do all of the following: 85 7 a. Issue a request for proposals from qualified entities 85 8 interested in serving as the manager of the network. This 85 9 request for proposals shall be issued by July 1, 2004, and 85 10 responses to the request for proposals shall be due by August 85 11 1, 2004. 85 12 b. Select a manager and enter into a management contract 85 13 with the manager by October 1, 2004. The management contract 85 14 shall provide for the continuation of all services currently 85 15 being provided to state and federal agencies and military 85 16 installations pursuant to chapter 8D, at the rates specified 85 17 therein, for the duration of the contract. The contract shall 85 18 also specify the manager's authority in relation to the duties 85 19 of the commission during the period between execution of the 85 20 management contract and closing of the sale of the network. 85 21 The commission shall establish a dispute resolution process 85 22 regarding rate increases, quality of service issues, and other 85 23 areas of dispute involving network subscribers. The 85 24 commission shall also make recommendations regarding 85 25 imposition of an ongoing dispute resolution and appeals 85 26 process commencing with the closing of the sale of the 85 27 network. 85 28 c. Issue a request for proposals from qualified entities 85 29 for the purchase of the network. This request for proposals 85 30 shall be issued by January 1, 2005, and responses to the 85 31 request for proposals shall be due by May 1, 2005. 85 32 d. Utilizing the criteria set forth in sections 173 and 85 33 174 of this Act, select a purchaser and enter into a sales 85 34 contract with the purchaser by October 1, 2005. 85 35 e. Immediately upon execution of the management contract 86 1 and the sales contract by the majority of the board, transmit 86 2 the executed contract to the general assembly and to the 86 3 governor. The board shall have full authority to enter into 86 4 the management contract and the sales contract on behalf of 86 5 the state, provided that the general assembly by legislation 86 6 enacted regarding the specific purchase and approved by the 86 7 governor, within thirty days after transmittal to the general 86 8 assembly and the governor in the case of the management 86 9 contract, and within sixty days after transmittal to the 86 10 general assembly and the governor in the case of the sales 86 11 contract, may disapprove the board's action, in which case the 86 12 disapproved contract shall have no force and effect. In the 86 13 event of such disapproval, the state shall pay the manager or 86 14 the purchaser, as the case may be, reasonable out-of-pocket 86 15 expenses incurred in preparing a proposal and performing prior 86 16 to disapproval, but such expenses shall not exceed two hundred 86 17 thousand dollars in the case of disapproval of the management 86 18 contract and five hundred thousand dollars in the case of 86 19 disapproval of the sales contract. 86 20 f. Cause the sales contract to require closing by October 86 21 1, 2007, allowing time for the state to obtain third-party 86 22 approvals as required by section 176 of this Act, including 86 23 the filing of any necessary eminent domain actions, and for 86 24 the purchaser to secure financing. 86 25 g. Execute all necessary documents relating to the closing 86 26 of the sale of the network. The board may direct any other 86 27 applicable official to assist in the execution of necessary 86 28 documents relating to the closing. 86 29 h. Require by written directive that all state officials 86 30 provide information and records concerning the network to the 86 31 board, to the manager, or to a person submitting a proposal to 86 32 purchase the network, whenever the board requires such 86 33 provision of such records and other information. 86 34 i. Take all other steps necessary and proper as needed to 86 35 carry out its responsibilities enumerated in this subsection. 87 1 The board may adopt necessary rules pursuant to chapter 17A to 87 2 administer this division of this Act. 87 3 Sec. 173. MINIMUM QUALIFICATIONS OF PURCHASER. The 87 4 purchaser shall meet the following requirements: 87 5 1. The principal place of business of the purchaser and 87 6 any parent of the purchaser shall be located in the state of 87 7 Iowa. 87 8 2. For national security reasons, and because of the 87 9 extensive military use of the network, the purchaser shall 87 10 possess national security approval. 87 11 Sec. 174. CRITERIA FOR SELECTION OF PURCHASER. After 87 12 issuing a request for proposals for the purchase of the 87 13 network and considering the proposals received, the board 87 14 shall select the highest and best offer for purchase of the 87 15 network from those persons submitting proposals which meet all 87 16 of the following criteria: 87 17 1. Satisfy the minimum qualifications of this division of 87 18 this Act. 87 19 2. Submit a proposal in compliance with the request for 87 20 proposals. 87 21 3. Demonstrate a likelihood of being able to obtain any 87 22 financing necessary to close the transaction. However, the 87 23 board shall not require that the purchaser have a commitment 87 24 for financing to award the contract, but shall allow the 87 25 purchaser at least one year to obtain any necessary financing. 87 26 The board may also in its discretion consider proposals 87 27 involving financing of the sale by the state. 87 28 4. Agree to continue all services currently being provided 87 29 to state and federal agencies and military installations for 87 30 the next ten years, with any annual rate increase not to 87 31 exceed five percent per year, provided that the purchaser 87 32 shall not be required to supply at such restricted prices a 87 33 quantity or quality of service greater than that provided by 87 34 the network as of execution of the contract for sale of the 87 35 network. 88 1 Sec. 175. CLOSING OF SALE. Any debt of the state related 88 2 to the network or other liens against network assets shall be 88 3 discharged out of the state's proceeds of closing, so that the 88 4 purchaser receives marketable title to the network. The 88 5 purchaser shall receive bills of sale, in the case of personal 88 6 property, and deeds, in the case of real property, 88 7 transferring all network assets to the purchaser. The state 88 8 shall also transfer its interest in right-of-way and leases 88 9 and easements for uses of rights-of-way. 88 10 Sec. 176. THIRD-PARTY APPROVALS. 88 11 1. The state shall exercise all reasonable efforts to 88 12 obtain each required third-party approval, including where 88 13 necessary by use of eminent domain proceedings. To the extent 88 14 feasible, the state may pay the costs of obtaining required 88 15 third-party approvals out of the proceeds of sale rather than 88 16 from the general fund of the state. In the event the state 88 17 fails to obtain a required third-party approval, the purchaser 88 18 may terminate the sales contract without penalty and shall be 88 19 reimbursed by the state for reasonable out-of-pocket expenses 88 20 incurred in preparing its proposal and fulfilling its 88 21 obligations under the sales contract, not to exceed two 88 22 million dollars. 88 23 2. The board and the purchaser shall develop a list of 88 24 required third-party approvals and persons who may have claims 88 25 that would constitute required third-party approvals if valid. 88 26 The board shall mail to each person on the list at their last 88 27 known address a notice that provides a description of the sale 88 28 and invites the recipient to submit a claim on a form 88 29 developed by the board by a deadline set by the board. The 88 30 claim or interest of any person who fails to timely file a 88 31 claim shall be deemed discharged and forfeited, and such 88 32 person shall be forever barred and estopped from taking any 88 33 action against the state or purchaser that would in any way 88 34 interfere with the purchaser's use of the network. In 88 35 addition, the board shall publish the notice in newspapers of 89 1 general circulation in the state of Iowa, and failure to file 89 2 a timely claim shall bar all persons whose rights could 89 3 constitutionally be affected by such notice, just as if such 89 4 person had been mailed notice. 89 5 3. Any eminent domain or other proceeding to obtain a 89 6 required third-party approval shall be promptly filed by the 89 7 attorney general at the request of the board and shall be 89 8 added to the calendar of any trial or appellate court of this 89 9 state so that the deadline in section 172 of this Act for 89 10 closing the sale can be met. 89 11 Sec. 177. REMOVAL OF RESTRICTIONS – REPEAL OF CHAPTER 8D. 89 12 Chapter 8D is repealed, effective as of the date of the 89 13 closing of the sale of the network under this division of this 89 14 Act, as certified by the chairperson of the board to the 89 15 governor. 89 16 Sec. 178. ASSISTANCE OF OTHER STATE AGENCIES. 89 17 1. The attorney general shall provide legal advice to the 89 18 board. 89 19 2. All other state agencies shall provide whatever 89 20 assistance may reasonably be required by the board in carrying 89 21 out its duties under this division of this Act. 89 22 DIVISION X 89 23 GOVERNMENT ORGANIZATION REVIEW COMMITTEE 89 24 Sec. 179. Section 331.264, subsection 1, unnumbered 89 25 paragraph 1, and paragraphs a through d, if enacted by 2003 89 26 Iowa Acts, Senate File 390, section 25, are amended to read as 89 27 follows: 89 28 A local government organization review committee may be 89 29 created in a county having a population in excess of one 89 30 hundred thousand. The committee shall be composed of the 89 31 following members: 89 32 a. Three city council members appointed by the city 89 33 council of each participating city with a population of 89 34 twenty-five thousand or more. 89 35 b. Three county supervisors appointed by the county board 90 1 of supervisors. 90 2 c. One city council member appointed by each participating 90 3 city with a population of less than twenty-five thousand. 90 4 d. One member shall be appointed by each state legislator 90 5 whose legislative district is located in the county if a 90 6 majority of the constituents of that legislative district 90 7 reside in the county. However, if a county does not have a 90 8 state representative's legislative district which has a 90 9 majority of a state representative's constituency residing in 90 10 the county, the state representative having the largest 90 11 plurality of constituents residing in the county shall appoint 90 12 a member. The member appointed by each state legislator shall 90 13 be a person who is not holding elected office and who is a 90 14 resident of the legislative district of the state legislator. 90 15 Ifany portionmore than one-half of the population of a 90 16 legislative district is in the unincorporated area of the 90 17 county, the member appointed by that legislator shall be a 90 18 resident of the unincorporated area of the county. 90 19 Sec. 180. EFFECTIVE DATE. This division of this Act, 90 20 being deemed of immediate importance, takes effect upon 90 21 enactment. 90 22 90 23 90 24 90 25 MARY E. KRAMER 90 26 President of the Senate 90 27 90 28 90 29 90 30 CHRISTOPHER C. RANTS 90 31 Speaker of the House 90 32 90 33 I hereby certify that this bill originated in the Senate and 90 34 is known as Senate File 458, Eightieth General Assembly. 90 35 91 1 91 2 91 3 MICHAEL E. MARSHALL 91 4 Secretary of the Senate 91 5 Approved , 2003 91 6 91 7 91 8 91 9 THOMAS J. VILSACK 91 10 Governor
Text: SF00457 Text: SF00459 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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