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PAG LIN 1 1 SENATE FILE 2298 1 2 1 3 AN ACT 1 4 MAKING, REDUCING, AND TRANSFERRING APPROPRIATIONS, PROVIDING 1 5 FOR GOVERNMENT AND ECONOMIC DEVELOPMENT-RELATED TAXATION, 1 6 SURCHARGE, AND FEE MATTERS, PROVIDING FOR OTHER PROPERLY 1 7 RELATED MATTERS, AND INCLUDING PENALTY AND EFFECTIVE AND 1 8 RETROACTIVE AND OTHER APPLICABILITY DATE PROVISIONS. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 DIVISION I 1 13 ADMINISTRATION AND REGULATION 1 14 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. There 1 15 is appropriated from the general fund of the state to the 1 16 department of administrative services for the fiscal year 1 17 beginning July 1, 2004, and ending June 30, 2005, the 1 18 following amounts, or so much thereof as is necessary, to be 1 19 used for the purposes designated: 1 20 1. For salaries, support, maintenance, and miscellaneous 1 21 purposes, and for not more than the following full-time 1 22 equivalent positions: 1 23 .................................................. $ 4,616,351 1 24 ............................................... FTEs 233.95 1 25 UTILITY COSTS 1 26 2. For the payment of utility costs: 1 27 .................................................. $ 2,576,000 1 28 Notwithstanding section 8.33, any excess funds appropriated 1 29 for utility costs in this subsection shall not revert to the 1 30 general fund of the state at the end of the fiscal year but 1 31 shall remain available for expenditure for the purposes of 1 32 this subsection during the fiscal year beginning July 1, 2005. 1 33 3. For distribution to other departments: 1 34 .................................................. $ 10,802,911 1 35 Moneys appropriated in this subsection shall be separately 2 1 accounted for in a distribution account and shall be 2 2 distributed to other governmental entities based upon formulas 2 3 established by the department to pay for services provided 2 4 governmental entities by the department as described in 2 5 chapter 8A. 2 6 4. Members of the general assembly serving as members of 2 7 the deferred compensation advisory board shall be entitled to 2 8 receive per diem and necessary travel and actual expenses 2 9 pursuant to section 2.10, subsection 5, while carrying out 2 10 their official duties as members of the board. 2 11 5. Any funds and premiums collected by the department for 2 12 workers' compensation shall be segregated into a separate 2 13 workers' compensation fund in the state treasury to be used 2 14 for payment of state employees' workers' compensation claims 2 15 and administrative costs. Notwithstanding section 8.33, 2 16 unencumbered or unobligated moneys remaining in this workers' 2 17 compensation fund at the end of the fiscal year shall not 2 18 revert but shall be available for expenditure for purposes of 2 19 the fund for subsequent fiscal years. 2 20 Sec. 2. REVOLVING FUNDS. 2 21 1. There is appropriated from the general fund of the 2 22 state to the department of administrative services for the 2 23 fiscal year beginning July 1, 2004, and ending June 30, 2005, 2 24 the following amount, or so much thereof as is necessary, to 2 25 be used for the purposes designated: 2 26 For start-up funding for revolving funds under the control 2 27 of the department of administrative services and for salaries, 2 28 support, maintenance, and miscellaneous purposes: 2 29 .................................................. $ 1,889,610 2 30 Notwithstanding any provision of this section to the 2 31 contrary, the department of administrative services shall 2 32 deposit $1,889,610 in the general fund of the state from 2 33 moneys in departmental revolving funds and internal service 2 34 funds at the end of the fiscal year. 2 35 2. There is appropriated to the department of 3 1 administrative services for the fiscal year beginning July 1, 3 2 2004, and ending June 30, 2005, from the revolving funds 3 3 designated in chapter 8A and from internal service funds 3 4 created by the department, such amounts as the department 3 5 deems necessary for the operation of the department consistent 3 6 with the requirements of chapter 8A. 3 7 Sec. 3. READY TO WORK PROGRAM COORDINATOR. There is 3 8 appropriated from the workers' compensation trust fund to the 3 9 department of administrative services for the fiscal year 3 10 beginning July 1, 2004, and ending June 30, 2005, the 3 11 following amount, or so much thereof as is necessary, to be 3 12 used for the purposes designated: 3 13 For the salary, support, and miscellaneous expenses for the 3 14 ready to work program and coordinator: 3 15 .................................................. $ 89,416 3 16 Sec. 4. FUNDING FOR IOWACCESS. 3 17 1. Notwithstanding section 321A.3, subsection 1, for the 3 18 fiscal year beginning July 1, 2004, and ending June 30, 2005, 3 19 the first $1,000,000 collected and transferred by the 3 20 department of transportation to the treasurer of state with 3 21 respect to the fees for transactions involving the furnishing 3 22 of a certified abstract of a vehicle operating record under 3 23 section 321A.3, subsection 1, shall be transferred to the 3 24 IowAccess revolving fund established by section 8A.224 and 3 25 administered by the department of administrative services for 3 26 the purposes of developing, implementing, maintaining, and 3 27 expanding electronic access to government records as provided 3 28 by law. 3 29 2. All fees collected with respect to transactions 3 30 involving IowAccess shall be deposited in the IowAccess 3 31 revolving fund and shall be used only for the support of 3 32 IowAccess projects. 3 33 Sec. 5. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 3 34 CHARGE. For the fiscal year beginning July 1, 2004, and 3 35 ending June 30, 2005, the monthly per contract administrative 4 1 charge which may be assessed by the department of 4 2 administrative services shall be $2.00 per contract on all 4 3 health insurance plans administered by the department. 4 4 Sec. 6. AUDITOR OF STATE. There is appropriated from the 4 5 general fund of the state to the office of the auditor of 4 6 state for the fiscal year beginning July 1, 2004, and ending 4 7 June 30, 2005, the following amount, or so much thereof as is 4 8 necessary, to be used for the purposes designated: 4 9 For salaries, support, maintenance, and miscellaneous 4 10 purposes, and for not more than the following full-time 4 11 equivalent positions: 4 12 .................................................. $ 1,092,755 4 13 ............................................... FTEs 106.30 4 14 The auditor of state may retain additional full-time 4 15 equivalent positions as is reasonable and necessary to perform 4 16 governmental subdivision audits which are reimbursable 4 17 pursuant to section 11.20 or 11.21, to perform audits which 4 18 are requested by and reimbursable from the federal government, 4 19 and to perform work requested by and reimbursable from 4 20 departments or agencies pursuant to section 11.5A or 11.5B. 4 21 The auditor of state shall notify the department of 4 22 management, the legislative fiscal committee, and the 4 23 legislative services agency of the additional full-time 4 24 equivalent positions retained. 4 25 Sec. 7. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 4 26 is appropriated from the general fund of the state to the Iowa 4 27 ethics and campaign disclosure board for the fiscal year 4 28 beginning July 1, 2004, and ending June 30, 2005, the 4 29 following amount, or so much thereof as is necessary, for the 4 30 purposes designated: 4 31 For salaries, support, maintenance, and miscellaneous 4 32 purposes, and for not more than the following full-time 4 33 equivalent positions: 4 34 .................................................. $ 411,296 4 35 ............................................... FTEs 6.00 5 1 Sec. 8. DEPARTMENT OF COMMERCE. There is appropriated 5 2 from the general fund of the state to the department of 5 3 commerce for the fiscal year beginning July 1, 2004, and 5 4 ending June 30, 2005, the following amounts, or so much 5 5 thereof as is necessary, for the purposes designated: 5 6 1. ALCOHOLIC BEVERAGES DIVISION 5 7 For salaries, support, maintenance, and miscellaneous 5 8 purposes, and for not more than the following full-time 5 9 equivalent positions: 5 10 .................................................. $ 1,876,497 5 11 ............................................... FTEs 33.00 5 12 2. BANKING DIVISION 5 13 For salaries, support, maintenance, and miscellaneous 5 14 purposes, and for not more than the following full-time 5 15 equivalent positions: 5 16 .................................................. $ 6,344,805 5 17 ............................................... FTEs 65.00 5 18 3. CREDIT UNION DIVISION 5 19 For salaries, support, maintenance, and miscellaneous 5 20 purposes, and for not more than the following full-time 5 21 equivalent positions: 5 22 .................................................. $ 1,377,364 5 23 ............................................... FTEs 19.00 5 24 4. INSURANCE DIVISION 5 25 a. For salaries, support, maintenance, and miscellaneous 5 26 purposes, and for not more than the following full-time 5 27 equivalent positions: 5 28 .................................................. $ 3,850,498 5 29 ............................................... FTEs 95.00 5 30 b. The insurance division may reallocate authorized full- 5 31 time equivalent positions as necessary to respond to 5 32 accreditation recommendations or requirements. The insurance 5 33 division expenditures for examination purposes may exceed the 5 34 projected receipts, refunds, and reimbursements, estimated 5 35 pursuant to section 505.7, subsection 7, including the 6 1 expenditures for retention of additional personnel, if the 6 2 expenditures are fully reimbursable and the division first 6 3 does both of the following: 6 4 (1) Notifies the department of management, the legislative 6 5 services agency, and the legislative fiscal committee of the 6 6 need for the expenditures. 6 7 (2) Files with each of the entities named in subparagraph 6 8 (1) the legislative and regulatory justification for the 6 9 expenditures, along with an estimate of the expenditures. 6 10 c. The insurance division shall allocate $10,000 from the 6 11 examination receipts for the payment of its fees to the 6 12 national council of insurance legislators. 6 13 5. PROFESSIONAL LICENSING AND REGULATION DIVISION 6 14 For salaries, support, maintenance, and miscellaneous 6 15 purposes, and for not more than the following full-time 6 16 equivalent positions: 6 17 ................................................. $ 766,766 6 18 ............................................... FTEs 12.00 6 19 6. UTILITIES DIVISION 6 20 a. For salaries, support, maintenance, and miscellaneous 6 21 purposes, and for not more than the following full-time 6 22 equivalent positions: 6 23 .................................................. $ 6,877,319 6 24 ............................................... FTEs 79.00 6 25 b. The utilities division may expend additional funds, 6 26 including funds for additional personnel, if those additional 6 27 expenditures are actual expenses which exceed the funds 6 28 budgeted for utility regulation and the expenditures are fully 6 29 reimbursable. Before the division expends or encumbers an 6 30 amount in excess of the funds budgeted for regulation, the 6 31 division shall first do both of the following: 6 32 (1) Notify the department of management, the legislative 6 33 services agency, and the legislative fiscal committee of the 6 34 need for the expenditures. 6 35 (2) File with each of the entities named in subparagraph 7 1 (1) the legislative and regulatory justification for the 7 2 expenditures, along with an estimate of the expenditures. 7 3 7. CHARGES – TRAVEL 7 4 Each division and the office of consumer advocate shall 7 5 include in its charges assessed or revenues generated, an 7 6 amount sufficient to cover the amount stated in its 7 7 appropriation, and any state-assessed indirect costs 7 8 determined by the department of administrative services. The 7 9 director of the department of commerce shall review on a 7 10 quarterly basis all out-of-state travel for the previous 7 11 quarter for officers and employees of each division of the 7 12 department if the travel is not already authorized by the 7 13 executive council. 7 14 Sec. 9. ALCOHOLIC BEVERAGES DIVISION – STATE LIQUOR 7 15 WAREHOUSE FUNCTIONS. Notwithstanding sections 7J.1 and 7 16 123.20, subsection 4, and any other applicable provision of 7 17 law, the alcoholic beverages division of the department of 7 18 commerce shall not add full-time equivalent positions for 7 19 purposes of the state assuming the state liquor warehouse 7 20 functions performed by a private contractor as of April 1, 7 21 2004. The division shall issue a request for proposals or 7 22 otherwise utilize a competitive process to select a successor 7 23 private contractor to perform the state liquor warehouse 7 24 functions. 7 25 Sec. 10. IOWA HEALTH INSURANCE VALUE INITIATIVE. If 2004 7 26 Iowa Acts, House File 2521, is enacted, there is appropriated 7 27 from the general fund of the state to the department of 7 28 commerce for the fiscal year beginning July 1, 2004, and 7 29 ending June 30, 2005, the following amount, or so much thereof 7 30 as is necessary, to be used for the purpose designated: 7 31 For the insurance division to conduct a study regarding the 7 32 costs of health insurance premiums for businesses and 7 33 individual customers in this state, in accordance with 2004 7 34 Iowa Acts, House File 2521: 7 35 .................................................. $ 150,000 8 1 Sec. 11. DEPARTMENT OF COMMERCE – PROFESSIONAL LICENSING 8 2 AND REGULATION. There is appropriated from the housing 8 3 improvement fund of the Iowa department of economic 8 4 development to the division of professional licensing and 8 5 regulation of the department of commerce for the fiscal year 8 6 beginning July 1, 2004, and ending June 30, 2005, the 8 7 following amount, or so much thereof as is necessary, to be 8 8 used for the purposes designated: 8 9 For salaries, support, maintenance, and miscellaneous 8 10 purposes: 8 11 .................................................. $ 62,317 8 12 Sec. 12. GOVERNOR AND LIEUTENANT GOVERNOR. There is 8 13 appropriated from the general fund of the state to the offices 8 14 of the governor and the lieutenant governor for the fiscal 8 15 year beginning July 1, 2004, and ending June 30, 2005, the 8 16 following amounts, or so much thereof as is necessary, to be 8 17 used for the purposes designated: 8 18 1. GENERAL OFFICE 8 19 For salaries, support, maintenance, and miscellaneous 8 20 purposes for the general office of the governor and the 8 21 general office of the lieutenant governor, and for not more 8 22 than the following full-time equivalent positions: 8 23 .................................................. $ 1,536,949 8 24 ............................................... FTEs 19.25 8 25 2. TERRACE HILL QUARTERS 8 26 For salaries, support, maintenance, and miscellaneous 8 27 purposes for the governor's quarters at Terrace Hill, and for 8 28 not more than the following full-time equivalent positions: 8 29 .................................................. $ 343,149 8 30 ............................................... FTEs 8.00 8 31 3. ADMINISTRATIVE RULES COORDINATOR 8 32 For salaries, support, maintenance, and miscellaneous 8 33 purposes for the office of administrative rules coordinator, 8 34 and for not more than the following full-time equivalent 8 35 positions: 9 1 .................................................. $ 136,458 9 2 ............................................... FTEs 3.00 9 3 4. NATIONAL GOVERNORS ASSOCIATION 9 4 For payment of Iowa's membership in the national governors 9 5 association: 9 6 .................................................. $ 64,393 9 7 5. STATE-FEDERAL RELATIONS 9 8 For salaries, support, maintenance, and miscellaneous 9 9 purposes, and for not more than the following full-time 9 10 equivalent positions: 9 11 .................................................. $ 111,236 9 12 ............................................... FTEs 2.00 9 13 Sec. 13. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. 9 14 1. There is appropriated from the general fund of the 9 15 state to the governor's office of drug control policy for the 9 16 fiscal year beginning July 1, 2004, and ending June 30, 2005, 9 17 the following amount, or so much thereof as is necessary, to 9 18 be used for the purposes designated: 9 19 For salaries, support, maintenance, and miscellaneous 9 20 purposes including statewide coordination of the drug abuse 9 21 resistance education (D.A.R.E.) programs or similar programs, 9 22 and for not more than the following full-time equivalent 9 23 positions: 9 24 .................................................. $ 254,386 9 25 ............................................... FTEs 9.00 9 26 2. The governor's office of drug control policy, in 9 27 consultation with the Iowa department of public health, and 9 28 after discussion and collaboration with all interested 9 29 agencies, shall coordinate substance abuse treatment and 9 30 prevention efforts in order to avoid duplication of services. 9 31 Sec. 14. DEPARTMENT OF HUMAN RIGHTS. There is 9 32 appropriated from the general fund of the state to the 9 33 department of human rights for the fiscal year beginning July 9 34 1, 2004, and ending June 30, 2005, the following amounts, or 9 35 so much thereof as is necessary, to be used for the purposes 10 1 designated: 10 2 1. CENTRAL ADMINISTRATION DIVISION 10 3 For salaries, support, maintenance, and miscellaneous 10 4 purposes, and for not more than the following full-time 10 5 equivalent positions: 10 6 .................................................. $ 264,102 10 7 ............................................... FTEs 7.00 10 8 2. DEAF SERVICES DIVISION 10 9 For salaries, support, maintenance, and miscellaneous 10 10 purposes, and for not more than the following full-time 10 11 equivalent positions: 10 12 .................................................. $ 362,710 10 13 ............................................... FTEs 6.00 10 14 The fees collected by the division for provision of 10 15 interpretation services by the division to obligated agencies 10 16 shall be disbursed pursuant to the provisions of section 8.32, 10 17 and shall be dedicated and used by the division for continued 10 18 and expanded interpretation services. 10 19 3. PERSONS WITH DISABILITIES DIVISION 10 20 For salaries, support, maintenance, and miscellaneous 10 21 purposes, and for not more than the following full-time 10 22 equivalent positions: 10 23 .................................................. $ 184,971 10 24 ............................................... FTEs 3.50 10 25 4. LATINO AFFAIRS DIVISION 10 26 For salaries, support, maintenance, and miscellaneous 10 27 purposes, and for not more than the following full-time 10 28 equivalent positions: 10 29 .................................................. $ 166,718 10 30 ............................................... FTEs 3.00 10 31 5. STATUS OF WOMEN DIVISION 10 32 For salaries, support, maintenance, and miscellaneous 10 33 purposes, including the Iowans in transition program, and the 10 34 domestic violence and sexual assault-related grants, and for 10 35 not more than the following full-time equivalent positions: 11 1 .................................................. $ 329,530 11 2 ............................................... FTEs 3.00 11 3 6. STATUS OF AFRICAN-AMERICANS DIVISION 11 4 For salaries, support, maintenance, and miscellaneous 11 5 purposes, and for not more than the following full-time 11 6 equivalent positions: 11 7 .................................................. $ 118,296 11 8 ............................................... FTEs 2.00 11 9 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 11 10 For salaries, support, maintenance, and miscellaneous 11 11 purposes, and for not more than the following full-time 11 12 equivalent positions: 11 13 .................................................. $ 403,774 11 14 ............................................... FTEs 6.96 11 15 The criminal and juvenile justice planning advisory council 11 16 and the juvenile justice advisory council shall coordinate 11 17 their efforts in carrying out their respective duties relative 11 18 to juvenile justice. 11 19 8. SHARED STAFF. The divisions of the department of human 11 20 rights shall retain their individual administrators, but shall 11 21 share staff to the greatest extent possible. 11 22 Sec. 15. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 11 23 appropriated from the general fund of the state to the 11 24 department of inspections and appeals for the fiscal year 11 25 beginning July 1, 2004, and ending June 30, 2005, the 11 26 following amounts, or so much thereof as is necessary, for the 11 27 purposes designated: 11 28 1. ADMINISTRATION DIVISION 11 29 For salaries, support, maintenance, and miscellaneous 11 30 purposes, and for not more than the following full-time 11 31 equivalent positions: 11 32 .................................................. $ 1,489,090 11 33 ............................................... FTEs 32.25 11 34 2. ADMINISTRATIVE HEARINGS DIVISION 11 35 For salaries, support, maintenance, and miscellaneous 12 1 purposes, and for not more than the following full-time 12 2 equivalent positions: 12 3 .................................................. $ 614,114 12 4 ............................................... FTEs 23.00 12 5 3. INVESTIGATIONS DIVISION 12 6 For salaries, support, maintenance, and miscellaneous 12 7 purposes, and for not more than the following full-time 12 8 equivalent positions: 12 9 .................................................. $ 1,407,295 12 10 ............................................... FTEs 41.00 12 11 4. HEALTH FACILITIES DIVISION 12 12 For salaries, support, maintenance, and miscellaneous 12 13 purposes, and for not more than the following full-time 12 14 equivalent positions: 12 15 .................................................. $ 2,276,836 12 16 ............................................... FTEs 108.75 12 17 5. EMPLOYMENT APPEAL BOARD 12 18 For salaries, support, maintenance, and miscellaneous 12 19 purposes, and for not more than the following full-time 12 20 equivalent positions: 12 21 .................................................. $ 35,215 12 22 ............................................... FTEs 15.00 12 23 The employment appeal board shall be reimbursed by the 12 24 labor services division of the department of workforce 12 25 development for all costs associated with hearings conducted 12 26 under chapter 91C, related to contractor registration. The 12 27 board may expend, in addition to the amount appropriated under 12 28 this subsection, additional amounts as are directly billable 12 29 to the labor services division under this subsection and to 12 30 retain the additional full-time equivalent positions as needed 12 31 to conduct hearings required pursuant to chapter 91C. 12 32 6. CHILD ADVOCACY BOARD 12 33 For foster care review and the court appointed special 12 34 advocate program, including salaries, support, maintenance, 12 35 and miscellaneous purposes, and for not more than the 13 1 following full-time equivalent positions: 13 2 .................................................. $ 1,952,780 13 3 ............................................... FTEs 38.99 13 4 a. The department of human services, in coordination with 13 5 the child advocacy board, and the department of inspections 13 6 and appeals, shall submit an application for funding available 13 7 pursuant to Title IV-E of the federal Social Security Act for 13 8 claims for child advocacy board, administrative review costs. 13 9 b. The court appointed special advocate program shall 13 10 investigate and develop opportunities for expanding fund- 13 11 raising for the program. 13 12 c. Administrative costs charged by the department of 13 13 inspections and appeals for items funded under this subsection 13 14 shall not exceed 4 percent of the amount appropriated in this 13 15 subsection. 13 16 Sec. 16. RACING AND GAMING COMMISSION. 13 17 1. RACETRACK REGULATION 13 18 There is appropriated from the general fund of the state to 13 19 the racing and gaming commission of the department of 13 20 inspections and appeals for the fiscal year beginning July 1, 13 21 2004, and ending June 30, 2005, the following amount, or so 13 22 much thereof as is necessary, to be used for the purposes 13 23 designated: 13 24 For salaries, support, maintenance, and miscellaneous 13 25 purposes for the regulation of pari-mutuel racetracks, and for 13 26 not more than the following full-time equivalent positions: 13 27 .................................................. $ 2,201,453 13 28 ............................................... FTEs 27.53 13 29 Of the funds appropriated in this subsection, $85,576 shall 13 30 be used to conduct an extended harness racing season. 13 31 2. EXCURSION BOAT REGULATION 13 32 There is appropriated from the general fund of the state to 13 33 the racing and gaming commission of the department of 13 34 inspections and appeals for the fiscal year beginning July 1, 13 35 2004, and ending June 30, 2005, the following amount, or so 14 1 much thereof as is necessary, to be used for the purposes 14 2 designated: 14 3 For salaries, support, maintenance, and miscellaneous 14 4 purposes for administration and enforcement of the excursion 14 5 boat gambling laws, and for not more than the following full- 14 6 time equivalent positions: 14 7 .................................................. $ 1,806,048 14 8 ............................................... FTEs 30.22 14 9 Sec. 17. USE TAX APPROPRIATION. There is appropriated 14 10 from the use tax receipts collected pursuant to sections 14 11 423.26 and 423.27 as enacted by 2003 Iowa Acts, First 14 12 Extraordinary Session, chapter 2, sections 119 and 120 prior 14 13 to their deposit in the road use tax fund pursuant to section 14 14 423.43 as enacted by 2003 Iowa Acts, First Extraordinary 14 15 Session, chapter 2, section 136, to the administrative 14 16 hearings division of the department of inspections and appeals 14 17 for the fiscal year beginning July 1, 2004, and ending June 14 18 30, 2005, the following amount, or so much thereof as is 14 19 necessary, for the purposes designated: 14 20 For salaries, support, maintenance, and miscellaneous 14 21 purposes: 14 22 .................................................. $ 1,325,632 14 23 Sec. 18. DEPARTMENT OF MANAGEMENT. There is appropriated 14 24 from the general fund of the state to the department of 14 25 management for the fiscal year beginning July 1, 2004, and 14 26 ending June 30, 2005, the following amounts, or so much 14 27 thereof as is necessary, to be used for the purposes 14 28 designated: 14 29 1. GENERAL OFFICE – STATEWIDE PROPERTY TAX ADMINISTRATION 14 30 For salaries, support, maintenance, and miscellaneous 14 31 purposes, and for not more than the following full-time 14 32 equivalent positions: 14 33 .................................................. $ 2,137,824 14 34 ............................................... FTEs 32.00 14 35 2. ENTERPRISE RESOURCE PLANNING 15 1 If funding is provided for the redesign of the enterprise 15 2 resource planning budget system for the fiscal year beginning 15 3 July 1, 2004, then there is appropriated from the general fund 15 4 of the state to the department of management for the fiscal 15 5 year beginning July 1, 2004, and ending June 30, 2005, the 15 6 following amount, or so much thereof as is necessary, to be 15 7 used for the purposes designated: 15 8 For salaries, support, maintenance, and miscellaneous 15 9 purposes for administration of the enterprise resource 15 10 planning system, and for not more than the following full-time 15 11 equivalent positions: 15 12 .................................................. $ 57,435 15 13 ............................................... FTEs 1.00 15 14 3. SALARY MODEL ADMINISTRATOR 15 15 For salary, support, and miscellaneous purposes of the 15 16 salary model administrator, and for not more than the 15 17 following full-time equivalent positions: 15 18 .................................................. $ 123,598 15 19 ............................................... FTEs 1.00 15 20 The salary model administrator shall work in conjunction 15 21 with the legislative services agency to maintain the state's 15 22 salary model used for analyzing, comparing, and projecting 15 23 state employee salary and benefit information, including 15 24 information relating to employees of the state board of 15 25 regents. The department of revenue, the department of 15 26 administrative services, the five institutions under the 15 27 jurisdiction of the state board of regents, the judicial 15 28 district departments of correctional services, and the state 15 29 department of transportation shall provide salary data to the 15 30 department of management and the legislative services agency 15 31 to operate the state's salary model. The format and frequency 15 32 of provision of the salary data shall be determined by the 15 33 department of management and the legislative services agency. 15 34 The information shall be used in collective bargaining 15 35 processes under chapter 20 and in calculating the funding 16 1 needs contained within the annual salary adjustment 16 2 legislation. A state employee organization as defined in 16 3 section 20.3, subsection 4, may request information produced 16 4 by the model, but the information provided shall not contain 16 5 information attributable to individual employees. 16 6 4. FEDERAL OVERRECOVERY 16 7 For providing matching funds for information technology 16 8 services provided by the department of administrative services 16 9 to the department of human services: 16 10 .................................................. $ 3,000,000 16 11 Sec. 19. ROAD USE TAX APPROPRIATION. There is 16 12 appropriated from the road use tax fund to the department of 16 13 management for the fiscal year beginning July 1, 2004, and 16 14 ending June 30, 2005, the following amount, or so much thereof 16 15 as is necessary, to be used for the purposes designated: 16 16 For salaries, support, maintenance, and miscellaneous 16 17 purposes: 16 18 .................................................. $ 56,000 16 19 Sec. 20. SECRETARY OF STATE. There is appropriated from 16 20 the general fund of the state to the office of the secretary 16 21 of state for the fiscal year beginning July 1, 2004, and 16 22 ending June 30, 2005, the following amounts, or so much 16 23 thereof as is necessary, to be used for the purposes 16 24 designated: 16 25 1. ADMINISTRATION AND ELECTIONS 16 26 For salaries, support, maintenance, and miscellaneous 16 27 purposes, and for not more than the following full-time 16 28 equivalent positions: 16 29 .................................................. $ 660,233 16 30 ............................................... FTEs 10.00 16 31 The state department or state agency which provides data 16 32 processing services to support voter registration file 16 33 maintenance and storage shall provide those services without 16 34 charge. 16 35 2. BUSINESS SERVICES 17 1 For salaries, support, maintenance, and miscellaneous 17 2 purposes, and for not more than the following full-time 17 3 equivalent positions: 17 4 .................................................. $ 1,615,893 17 5 ............................................... FTEs 32.00 17 6 Sec. 21. SECRETARY OF STATE FILING FEES REFUND. 17 7 Notwithstanding the obligation to collect fees pursuant to the 17 8 provisions of section 490.122, subsection 1, paragraphs "a" 17 9 and "s", and section 504A.85, subsections 1 and 9, for the 17 10 fiscal year beginning July 1, 2004, and ending June 30, 2005, 17 11 the secretary of state may refund these fees to the filer 17 12 pursuant to rules established by the secretary of state. The 17 13 decision of the secretary of state not to issue a refund under 17 14 rules established by the secretary of state is final and not 17 15 subject to review pursuant to the provisions of the Iowa 17 16 administrative procedure Act. 17 17 Sec. 22. TREASURER. There is appropriated from the 17 18 general fund of the state to the office of treasurer of state 17 19 for the fiscal year beginning July 1, 2004, and ending June 17 20 30, 2005, the following amount, or so much thereof as is 17 21 necessary, to be used for the purposes designated: 17 22 For salaries, support, maintenance, and miscellaneous 17 23 purposes, and for not more than the following full-time 17 24 equivalent positions: 17 25 .................................................. $ 800,564 17 26 .............................................. FTEs 28.80 17 27 The office of treasurer of state shall supply clerical and 17 28 secretarial support for the executive council. 17 29 Sec. 23. IPERS – GENERAL OFFICE. There is appropriated 17 30 from the Iowa public employees' retirement system fund to the 17 31 Iowa public employees' retirement system for the fiscal year 17 32 beginning July 1, 2004, and ending June 30, 2005, the 17 33 following amount, or so much thereof as is necessary, to be 17 34 used for the purposes designated: 17 35 For salaries, support, maintenance, and other operational 18 1 purposes to pay the costs of the Iowa public employees' 18 2 retirement system, and for not more than the following full- 18 3 time equivalent positions: 18 4 .................................................. $ 8,879,900 18 5 ............................................... FTEs 90.13 18 6 Sec. 24. DEPARTMENT OF REVENUE. There is appropriated 18 7 from the general fund of the state to the department of 18 8 revenue for the fiscal year beginning July 1, 2004, and ending 18 9 June 30, 2005, the following amounts, or so much thereof as is 18 10 necessary, to be used for the purposes designated: 18 11 1. COMPLIANCE – INTERNAL RESOURCES MANAGEMENT – 18 12 STATEWIDE PROPERTY TAX ADMINISTRATION 18 13 For salaries, support, maintenance, and miscellaneous 18 14 purposes, and for not more than the following full-time 18 15 equivalent positions: 18 16 .................................................. $ 24,776,391 18 17 ............................................... FTEs 389.66 18 18 Of the funds appropriated pursuant to this subsection, 18 19 $400,000 shall be used to pay the direct costs of compliance 18 20 related to the collection and distribution of local sales and 18 21 services taxes imposed pursuant to chapters 422B and 422E or 18 22 successor chapters. 18 23 The director of revenue shall prepare and issue a state 18 24 appraisal manual and the revisions to the state appraisal 18 25 manual as provided in section 421.17, subsection 17, without 18 26 cost to a city or county. 18 27 2. COLLECTION COSTS AND FEES 18 28 For payment of collection costs and fees pursuant to 18 29 section 422.26: 18 30 .................................................. $ 27,462 18 31 3. STATE TAX IMPLEMENTATION COMMITTEE 18 32 To administer the state tax implementation committee and to 18 33 purchase data deemed necessary by the committee: 18 34 .................................................. $ 50,000 18 35 Sec. 25. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 19 1 appropriated from the motor fuel tax fund created by section 19 2 452A.77 to the department of revenue for the fiscal year 19 3 beginning July 1, 2004, and ending June 30, 2005, the 19 4 following amount, or so much thereof as is necessary, to be 19 5 used for the purposes designated: 19 6 For salaries, support, maintenance, and miscellaneous 19 7 purposes for administration and enforcement of the provisions 19 8 of chapter 452A and the motor vehicle use tax program: 19 9 .................................................. $ 1,181,082 19 10 Sec. 26. Section 7J.1, Code Supplement 2003, is amended by 19 11 adding the following new subsection: 19 12 NEW SUBSECTION. 7A. EXECUTIVE COUNCIL FLEXIBILITY. 19 13 Notwithstanding any provision of law to the contrary, a 19 14 charter agency shall not be required to obtain executive 19 15 council approval for claims for expenses of attending 19 16 conventions, out-of-state travel requests, and memberships in 19 17 professional organizations. 19 18 Sec. 27. Section 8.63, subsection 5, Code Supplement 2003, 19 19 is amended to read as follows: 19 20 5. A state agency seeking a loan from the innovations fund 19 21 shall complete an application form designed by the state 19 22 innovations fund committee which employs, for projects, a 19 23 return on investment concept and demonstrates how state 19 24 general fund expenditures will be reduced or how state general 19 25 fund revenues will increase, or for enterprises, a business 19 26 plan that shows how the enterprise will meet customer needs, 19 27 provide value to customers, and demonstrate financial 19 28 viability. Minimum loan requirements for state agency 19 29 requests shall be determined by the committee. As an 19 30 incentive to increase state general fund revenues, an agency 19 31 may retain up to fifty percent of savings realized in 19 32 connection with a project loan from the innovations fund. The 19 33 amount retained shall be determined by the innovations fund 19 34 committee. Savings realized but not retained by an agency 19 35 shall not be deposited in the innovations fund. 20 1 Sec. 28. Section 8.63, subsection 6, paragraph b, Code 20 2 Supplement 2003, is amended to read as follows: 20 3 b. If the department of management and the department of 20 4 revenue certify that the savings from a proposed innovations 20 5 fund project will result in a net increase in the balance of 20 6 the general fund of the state without a corresponding cost 20 7 savings to the requesting agency, and if the requesting agency 20 8 meets all other eligibility requirements, the innovations fund 20 9 committee may approve the loan for the project and not require 20 10 repayment by the requesting agency. There is appropriated 20 11 from the general fund of the state to the department of 20 12 management for deposit in the innovations fund an amount 20 13 sufficient to repay the loan amount, which amount shall not 20 14 exceed the principal amount of the loan plus interest on the 20 15 loan. 20 16 Sec. 29. Section 543B.14, Code 2003, is amended to read as 20 17 follows: 20 18 543B.14 FEES AND EXPENSES – FUNDS. 20 19 All fees and charges collected by the real estate 20 20 commission under this chapter shall be paid into the general 20 21 fund of the state, except thatthe equivalent of the greater20 22of ten dollars or forty percent per year of the fees forfifty 20 23 dollars from each real estate salesperson's license, plus the20 24equivalent of the greater of ten dollars or twenty-five20 25percent per year of the fees forand each broker's license 20 26 shall be paid into the Iowa real estate education fund created 20 27 in section 543B.54. All expenses incurred by the commission 20 28 under this chapter, including compensation of staff assigned 20 29 to the commission, shall be paid from funds appropriated for 20 30 those purposes, except for expenses incurred and compensation 20 31 paid for the real estate education director, which shall be 20 32 paid out of the real estate education fund. 20 33 Sec. 30. Section 543B.54, Code 2003, is amended to read as 20 34 follows: 20 35 543B.54 REAL ESTATE EDUCATION FUND. 21 1 The Iowa real estate education fund is created as a 21 2 financial assurance mechanism to assist in the establishment 21 3 and maintenance of a real estate education program at the 21 4 university of northern Iowa and to assist the real estate 21 5 commission in providing an education director. The fund is 21 6 created as a separate fund in the state treasury, and any 21 7 funds remaining in the fund at the end of each fiscal year 21 8 shall not revert to the general fund, but shall remain in the 21 9 Iowa real estate education fund.Seventy percent of the21 10moneys in the fundTwenty-five dollars per license from fees 21 11 deposited for each real estate salesperson's license and each 21 12 broker's license shall be distributed and are appropriated to 21 13 the board of regents for the purpose of establishing and 21 14 maintaining a real estate education program at the university 21 15 of northern Iowa.Thirty percent of theThe remaining moneys 21 16 in the fund shall be distributed and are appropriated to the 21 17 professional licensing and regulation division of the 21 18 department of commerce for the purpose of hiring and 21 19 compensating a real estate education director and regulatory 21 20 compliance personnel. 21 21 Sec. 31. SPAN OF CONTROL. The department of 21 22 administrative services, in consultation with the department 21 23 of management and after discussion and collaboration with 21 24 executive branch agencies, shall pursue a goal of increasing 21 25 the ratio of the number of employees per supervisor for 21 26 executive branch agencies in the aggregate to twelve employees 21 27 for one supervisor by December 31, 2005. 21 28 Sec. 32. EFFECTIVE DATE. The section of this division of 21 29 this Act relating to the state liquor warehouse functions, 21 30 being deemed of immediate importance, takes effect upon 21 31 enactment. 21 32 DIVISION II 21 33 AGRICULTURE AND NATURAL RESOURCES 21 34 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 21 35 GENERAL APPROPRIATIONS 22 1 Sec. 33. GENERAL DEPARTMENT APPROPRIATION. There is 22 2 appropriated from the general fund of the state to the 22 3 department of agriculture and land stewardship for the fiscal 22 4 year beginning July 1, 2004, and ending June 30, 2005, the 22 5 following amount, or so much thereof as is necessary, to be 22 6 used for the purposes designated: 22 7 1. For purposes of supporting the department, including 22 8 its divisions, for administration, regulation, and programs, 22 9 for salaries, support, maintenance, miscellaneous purposes, 22 10 and for not more than the following full-time equivalent 22 11 positions: 22 12 .................................................. $ 16,946,668 22 13 ............................................... FTEs 410.64 22 14 2. Of the amount appropriated in subsection 1, the 22 15 department shall not expend less than $50,000 for salaries, 22 16 support, maintenance, and miscellaneous purposes of 22 17 administering the senior farmers market nutrition program 22 18 under the jurisdiction of the United States department of 22 19 agriculture. 22 20 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 22 21 DESIGNATED APPROPRIATIONS 22 22 Sec. 34. RIVER AUTHORITY. There is appropriated from the 22 23 general fund of the state to the department of agriculture and 22 24 land stewardship for the fiscal year beginning July 1, 2004, 22 25 and ending June 30, 2005, the following amount, or so much 22 26 thereof as is necessary, to be used for the purposes 22 27 designated: 22 28 For purposes of supporting the department's membership in 22 29 the state interagency Missouri river authority, created in 22 30 section 28L.1, in the Missouri river basin association: 22 31 .................................................. $ 9,535 22 32 Sec. 35. HORSE AND DOG RACING. There is appropriated from 22 33 the moneys available under section 99D.13 to the department of 22 34 agriculture and land stewardship for the fiscal year beginning 22 35 July 1, 2004, and ending June 30, 2005, the following amount, 23 1 or so much thereof as is necessary, to be used for the 23 2 purposes designated: 23 3 For salaries, support, maintenance, and miscellaneous 23 4 purposes for the administration of section 99D.22: 23 5 .................................................. $ 305,516 23 6 Sec. 36. DAIRY PRODUCTS CONTROL BUREAU. There is 23 7 appropriated from the general fund of the state to the 23 8 department of agriculture and land stewardship for the fiscal 23 9 year beginning July 1, 2004, and ending June 30, 2005, the 23 10 following amount, or so much thereof as is necessary, to be 23 11 used for the purposes designated: 23 12 For purposes of supporting the operations of the dairy 23 13 products control bureau, including salaries, support, 23 14 maintenance, and miscellaneous purposes: 23 15 .................................................. $ 632,170 23 16 Sec. 37. AVIAN INFLUENZA. There is appropriated from the 23 17 general fund of the state to the department of agriculture and 23 18 land stewardship for the fiscal year beginning July 1, 2004, 23 19 and ending June 30, 2005, the following amount, or so much 23 20 thereof as is necessary, to be used for the purpose 23 21 designated: 23 22 For the support of testing and monitoring avian influenza: 23 23 .................................................. $ 50,000 23 24 Notwithstanding section 8.33, moneys appropriated pursuant 23 25 to this section which are unencumbered or unobligated on June 23 26 30, 2005, shall not revert as provided in section 8.33. After 23 27 June 30, 2005, the department shall retain any such 23 28 unobligated or unencumbered moneys for the continued testing 23 29 and monitoring of avian influenza. 23 30 Sec. 38. SALE AND PURCHASE OF LABORATORY EQUIPMENT – 23 31 APPROPRIATIONS. Notwithstanding chapter 8A, the department of 23 32 administrative services shall conduct a sale of equipment or 23 33 devices owned by the department of agriculture and land 23 34 stewardship and used by laboratories operated by the 23 35 department of agriculture and land stewardship. The 24 1 department of administrative services shall conduct the sale 24 2 upon authorization of the department of agriculture and land 24 3 stewardship. The sale shall only include equipment and 24 4 devices that the department does not move to its new 24 5 laboratory building. The moneys from the sale are 24 6 appropriated to the department of agriculture and land 24 7 stewardship for the fiscal period beginning July 1, 2004, and 24 8 ending June 30, 2006. The moneys shall only be used to 24 9 replace, update, enhance, or supplement equipment or devices 24 10 used by laboratories operated by the department of agriculture 24 11 and land stewardship. However, the department shall not enter 24 12 into a lease-purchase agreement to obtain the equipment or 24 13 devices. Unencumbered and unobligated moneys remaining on 24 14 June 30, 2006, shall be deposited in the general fund of the 24 15 state in the same manner as a reversion under section 8.33. 24 16 DEPARTMENT OF NATURAL RESOURCES 24 17 GENERAL APPROPRIATIONS 24 18 Sec. 39. GENERAL DEPARTMENT APPROPRIATION. There is 24 19 appropriated from the general fund of the state to the 24 20 department of natural resources for the fiscal year beginning 24 21 July 1, 2004, and ending June 30, 2005, the following amount, 24 22 or so much thereof as is necessary, to be used for the 24 23 purposes designated: 24 24 For purposes of supporting the department, including its 24 25 divisions, for administration, regulation, and programs, for 24 26 salaries, support, maintenance, miscellaneous purposes, and 24 27 for not more than the following full-time equivalent 24 28 positions: 24 29 .................................................. $ 16,569,282 24 30 ............................................... FTEs 1080.12 24 31 Sec. 40. STATE FISH AND GAME PROTECTION FUND – 24 32 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 24 33 1. a. There is appropriated from the state fish and game 24 34 protection fund to the department of natural resources for the 24 35 fiscal year beginning July 1, 2004, and ending June 30, 2005, 25 1 the following amount, or so much thereof as is necessary, to 25 2 be used for the purposes designated: 25 3 For administrative support, and for salaries, support, 25 4 maintenance, equipment, and miscellaneous purposes: 25 5 .................................................. $ 30,715,335 25 6 b. Notwithstanding section 455A.10, the department may use 25 7 the unappropriated balance remaining in the fish and game 25 8 protection fund to provide for the funding of health and life 25 9 insurance premium payments from unused sick leave balances of 25 10 conservation peace officers employed in a protection 25 11 occupation who retire, pursuant to section 97B.49B. 25 12 2. The department shall not expend more moneys from the 25 13 fish and game protection fund than provided in this section, 25 14 unless the expenditure derives from contributions made by a 25 15 private entity, or a grant or moneys received from the federal 25 16 government, and is approved by the natural resource 25 17 commission. The department of natural resources shall 25 18 promptly notify the legislative services agency and the 25 19 chairpersons and ranking members of the joint appropriations 25 20 subcommittee on agriculture and natural resources concerning 25 21 the commission's approval. 25 22 DEPARTMENT OF NATURAL RESOURCES 25 23 RELATED TRANSFERS 25 24 Sec. 41. SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT 25 25 PURPOSES. There is transferred on July 1, 2004, from the fees 25 26 required to be deposited in the special conservation fund 25 27 under section 321G.7 to the fish and game protection fund and 25 28 appropriated to the department of natural resources for the 25 29 fiscal year beginning July 1, 2004, and ending June 30, 2005, 25 30 the following amount, or so much thereof as is necessary, to 25 31 be used for the purpose designated: 25 32 For enforcing snowmobile laws as part of the state 25 33 snowmobile program administered by the department of natural 25 34 resources: 25 35 .................................................. $ 100,000 26 1 Sec. 42. VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES. 26 2 There is transferred on July 1, 2004, from the fees required 26 3 to be deposited in the special conservation fund under section 26 4 462A.52 to the fish and game protection fund and appropriated 26 5 to the natural resource commission for the fiscal year 26 6 beginning July 1, 2004, and ending June 30, 2005, the 26 7 following amount, or so much thereof as is necessary, to be 26 8 used for the purpose designated: 26 9 For the administration and enforcement of navigation laws 26 10 and water safety: 26 11 .................................................. $ 1,400,000 26 12 Notwithstanding section 8.33, moneys transferred and 26 13 appropriated in this section that remain unencumbered or 26 14 unobligated at the close of the fiscal year shall not revert 26 15 to the credit of the fish and game protection fund but shall 26 16 be credited to the special conservation fund established by 26 17 section 462A.52 to be used as provided in that section. 26 18 DEPARTMENT OF NATURAL RESOURCES 26 19 DESIGNATED APPROPRIATIONS 26 20 Sec. 43. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 26 21 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 26 22 from the unassigned revenue fund administered by the Iowa 26 23 comprehensive underground storage tank fund board, to the 26 24 department of natural resources for the fiscal year beginning 26 25 July 1, 2004, and ending June 30, 2005, the following amount, 26 26 or so much thereof as is necessary, to be used for the purpose 26 27 designated: 26 28 For administration expenses of the underground storage tank 26 29 section of the department of natural resources: 26 30 .................................................. $ 200,000 26 31 Sec. 44. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any 26 32 contrary provision of state law, for the fiscal year beginning 26 33 July 1, 2004, and ending June 30, 2005, the department of 26 34 natural resources may use additional funds available to the 26 35 department from stormwater discharge permit fees for the 27 1 staffing of the following additional full-time staff members 27 2 to reduce the department's floodplain permit backlog: 27 3 ............................................... FTEs 2.00 27 4 Sec. 45. IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY 27 5 LOAD PROGRAM. Notwithstanding any contrary provision of state 27 6 law, for the fiscal year beginning July 1, 2004, and ending 27 7 June 30, 2005, the department of natural resources may use 27 8 additional funds available to the department from stormwater 27 9 discharge permit fees for the staffing of the following 27 10 additional full-time equivalent positions for implementation 27 11 of the federal total maximum daily load program: 27 12 ............................................... FTEs 2.00 27 13 MISCELLANEOUS PROVISIONS 27 14 Sec. 46. Section 424.19, Code Supplement 2003, is amended 27 15 to read as follows: 27 16 424.19 FUTURE REPEAL. 27 17 This chapter is repealed effective June 30,20142016. 27 18 Sec. 47. CONTINGENT EFFECTIVENESS. The moneys 27 19 appropriated from the general fund of the state to the 27 20 department of agriculture and land stewardship for purposes of 27 21 supporting the testing and monitoring of avian influenza as 27 22 provided in this division of this Act shall not be effective 27 23 if 2004 Iowa Acts, Senate File 2194, is enacted. 27 24 Sec. 48. CONTINGENT EFFECTIVENESS. The amendment to 27 25 section 424.19, as provided in this division of this Act, is 27 26 effective only if 2004 Iowa Acts, House File 2401, is enacted. 27 27 DIVISION III 27 28 ECONOMIC DEVELOPMENT 27 29 Sec. 49. GOALS AND ACCOUNTABILITY. 27 30 1. The goals for the department of economic development 27 31 shall be to expand and stimulate the state economy, increase 27 32 the wealth of Iowans, and increase the population of the 27 33 state. 27 34 2. To achieve the goals in subsection 1, the department of 27 35 economic development shall do all of the following: 28 1 a. Concentrate its efforts on programs and activities that 28 2 result in commercially viable products and services. 28 3 b. Adopt practices and services consistent with free 28 4 market, private sector philosophies. 28 5 c. Ensure economic growth and development throughout the 28 6 state. 28 7 3. The department of economic development shall 28 8 demonstrate accountability by using performance measures 28 9 appropriate to show the attainment of the goals in subsection 28 10 1 for the state and by measuring the effectiveness and results 28 11 of the department's programs and activities. The performance 28 12 measures and associated benchmarks shall be developed or 28 13 identified in cooperation with the legislative services agency 28 14 and approved by the joint appropriations subcommittee on 28 15 economic development. The data demonstrating accountability 28 16 collected by the department shall be made readily available 28 17 and maintained in computer-readable format. 28 18 Sec. 50. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 28 19 appropriated from the general fund of the state to the 28 20 department of economic development for the fiscal year 28 21 beginning July 1, 2004, and ending June 30, 2005, the 28 22 following amounts, or so much thereof as is necessary, to be 28 23 used for the purposes designated: 28 24 1. ADMINISTRATION DIVISION 28 25 a. General administration 28 26 For salaries, support, maintenance, miscellaneous purposes, 28 27 programs, for the transfer to the Iowa state commission grant 28 28 program, and for not more than the following full-time 28 29 equivalent positions: 28 30 .................................................. $ 1,562,332 28 31 ............................................... FTEs 28.75 28 32 b. The department shall work with businesses and 28 33 communities to continually improve the economic development 28 34 climate along with the economic well-being and quality of life 28 35 for Iowans. The administration division shall coordinate with 29 1 other state agencies ensuring that all state departments are 29 2 attentive to the needs of an entrepreneurial culture. 29 3 2. BUSINESS DEVELOPMENT DIVISION 29 4 a. Business development operations 29 5 For business development operations and programs, 29 6 international trade, export assistance, workforce recruitment, 29 7 the partner state program, for transfer to the strategic 29 8 investment fund, for transfer to the value-added agricultural 29 9 products and processes financial assistance fund, salaries, 29 10 support, maintenance, miscellaneous purposes, and for not more 29 11 than the following full-time equivalent positions: 29 12 .................................................. $ 6,084,500 29 13 ............................................... FTEs 57.00 29 14 b. The department shall establish a strong and aggressive 29 15 marketing image to showcase Iowa's workforce, existing 29 16 industry, and potential. A priority shall be placed on 29 17 recruiting new businesses, business expansion, and retaining 29 18 existing Iowa businesses. Emphasis shall also be placed on 29 19 entrepreneurial development through helping to secure capital 29 20 for entrepreneurs, and developing networks and a business 29 21 climate conducive to entrepreneurs and small business. 29 22 c. Notwithstanding section 8.33, moneys appropriated in 29 23 this subsection that remain unencumbered or unobligated at the 29 24 close of the fiscal year shall not revert but shall remain 29 25 available for expenditure for the purposes designated until 29 26 the close of the succeeding fiscal year. 29 27 3. COMMUNITY DEVELOPMENT DIVISION 29 28 a. Community development programs 29 29 For salaries, support, maintenance, miscellaneous purposes, 29 30 community economic development programs, tourism operations, 29 31 community assistance, the film office, the mainstreet and 29 32 rural mainstreet programs, the school-to-career program, the 29 33 community development block grant, and housing and shelter- 29 34 related programs and for not more than the following full-time 29 35 equivalent positions: 30 1 ................................................... $ 5,505,725 30 2 ............................................... FTEs 61.75 30 3 b. The department shall encourage development of 30 4 communities and quality of life to foster economic growth. 30 5 The department shall prepare communities for future growth and 30 6 development through development, expansion, and modernization 30 7 of infrastructure. 30 8 c. The department shall develop public-private 30 9 partnerships with Iowa businesses in the tourism industry, 30 10 Iowa tour groups, Iowa tourism organizations, and political 30 11 subdivisions in this state to assist in the development of 30 12 advertising efforts. The department shall, to the fullest 30 13 extent possible, develop cooperative efforts for advertising 30 14 with contributions from other sources. 30 15 d. Notwithstanding section 8.33, moneys appropriated in 30 16 this subsection that remain unencumbered or unobligated at the 30 17 close of the fiscal year shall not revert to any fund but 30 18 shall remain available for expenditure for the designated 30 19 purposes during the succeeding fiscal year. 30 20 4. For allocating moneys for the world food prize: 30 21 .................................................. $ 285,000 30 22 Sec. 51. VISION IOWA PROGRAM – FTE AUTHORIZATION. For 30 23 purposes of administrative duties associated with the vision 30 24 Iowa program, the department of economic development is 30 25 authorized an additional 2.25 full-time equivalent positions 30 26 above those otherwise authorized in this division of this Act. 30 27 Sec. 52. RURAL COMMUNITY 2000 PROGRAM. There is 30 28 appropriated from loan repayments on loans under the former 30 29 rural community 2000 program, sections 15.281 through 15.288, 30 30 Code 2001, to the department of economic development for the 30 31 fiscal year beginning July 1, 2004, and ending June 30, 2005, 30 32 the following amounts, or so much thereof as is necessary, to 30 33 be used for the purposes designated: 30 34 1. For providing financial assistance to Iowa's councils 30 35 of governments that provide technical and planning assistance 31 1 to local governments: 31 2 .................................................. $ 150,000 31 3 2. For the rural development program for the purposes of 31 4 the program including the rural enterprise fund and 31 5 collaborative skills development training: 31 6 .................................................. $ 120,000 31 7 Sec. 53. INSURANCE ECONOMIC DEVELOPMENT. There is 31 8 appropriated from moneys collected by the division of 31 9 insurance in excess of the anticipated gross revenues under 31 10 section 505.7, subsection 3, to the department of economic 31 11 development for the fiscal year beginning July 1, 2004, and 31 12 ending June 30, 2005, the following amount, or so much thereof 31 13 as is necessary, for insurance economic development and 31 14 international insurance economic development: 31 15 .................................................. $ 100,000 31 16 Sec. 54. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 31 17 section 15E.120, subsection 5, there is appropriated from the 31 18 Iowa community development loan fund all the moneys available 31 19 during the fiscal year beginning July 1, 2004, and ending June 31 20 30, 2005, to the department of economic development for the 31 21 community development program to be used by the department for 31 22 the purposes of the program. 31 23 Sec. 55. WORKFORCE DEVELOPMENT FUND. There is 31 24 appropriated from the workforce development fund account 31 25 created in section 15.342A, to the workforce development fund 31 26 created in section 15.343, for the fiscal year beginning July 31 27 1, 2004, and ending June 30, 2005, the following amount, for 31 28 the purposes of the workforce development fund, and for not 31 29 more than the following full-time equivalent positions: 31 30 .................................................. $ 4,000,000 31 31 ............................................... FTEs 4.00 31 32 Sec. 56. WORKFORCE DEVELOPMENT ADMINISTRATION. From funds 31 33 appropriated or transferred to or receipts credited to the 31 34 workforce development fund created in section 15.343, up to 31 35 $400,000 for the fiscal year beginning July 1, 2004, and 32 1 ending June 30, 2005, may be used for the administration of 32 2 workforce development activities including salaries, support, 32 3 maintenance, and miscellaneous purposes and for not more than 32 4 4.00 full-time equivalent positions. 32 5 Sec. 57. JOB TRAINING FUND. Notwithstanding section 32 6 15.251, all remaining moneys in the job training fund on July 32 7 1, 2004, and any moneys appropriated or credited to the fund 32 8 during the fiscal year beginning July 1, 2004, shall be 32 9 transferred to the workforce development fund established 32 10 pursuant to section 15.343. 32 11 Sec. 58. IOWA STATE UNIVERSITY. 32 12 1. There is appropriated from the general fund of the 32 13 state to the Iowa state university of science and technology 32 14 for the fiscal year beginning July 1, 2004, and ending June 32 15 30, 2005, the following amount, or so much thereof as is 32 16 necessary, to be used for small business development centers, 32 17 the science and technology research park, the institute for 32 18 physical research, and for not more than the following full- 32 19 time equivalent positions: 32 20 .................................................. $ 2,363,557 32 21 ............................................... FTEs 56.53 32 22 2. Of the moneys appropriated in subsection 1, Iowa state 32 23 university shall allocate at least $550,000 for purposes of 32 24 funding small business development centers. Small business 32 25 development centers shall be located equally throughout the 32 26 different regions of the state. Iowa state university may 32 27 allocate moneys appropriated in subsection 1 to the various 32 28 small business development centers in any manner necessary to 32 29 achieve the purposes of this subsection. 32 30 3. Iowa state university of science and technology shall 32 31 do all of the following: 32 32 a. Direct expenditures for research toward projects that 32 33 will provide economic stimulus for Iowa. 32 34 b. Emphasize that a business and an individual that 32 35 creates a business and receives benefits from a program 33 1 funded, in part, through moneys appropriated in this section 33 2 have a commercially viable product or service. 33 3 c. Provide emphasis to providing services to Iowa-based 33 4 companies. 33 5 4. It is the intent of the general assembly that the 33 6 industrial incentive program focus on Iowa industrial sectors 33 7 and seek contributions and in-kind donations from businesses, 33 8 industrial foundations, and trade associations and that moneys 33 9 for the institute for physical research and technology 33 10 industrial incentive program shall only be allocated for 33 11 projects which are matched by private sector moneys for 33 12 directed contract research or for nondirected research. The 33 13 match required of small businesses as defined in section 33 14 15.102, subsection 4, for directed contract research or for 33 15 nondirected research shall be $1 for each $3 of state funds. 33 16 The match required for other businesses for directed contract 33 17 research or for nondirected research shall be $1 for each $1 33 18 of state funds. The match required of industrial foundations 33 19 or trade associations shall be $1 for each $1 of state funds. 33 20 Iowa state university of science and technology shall 33 21 report annually to the joint appropriations subcommittee on 33 22 economic development and the legislative services agency the 33 23 total amount of private contributions, the proportion of 33 24 contributions from small businesses and other businesses, and 33 25 the proportion for directed contract research and nondirected 33 26 research of benefit to Iowa businesses and industrial sectors. 33 27 Notwithstanding section 8.33, moneys appropriated in this 33 28 section that remain unencumbered or unobligated at the close 33 29 of the fiscal year shall not revert but shall remain available 33 30 for expenditure for the purposes designated until the close of 33 31 the succeeding fiscal year. 33 32 Sec. 59. UNIVERSITY OF IOWA. 33 33 1. There is appropriated from the general fund of the 33 34 state to the state university of Iowa for the fiscal year 33 35 beginning July 1, 2004, and ending June 30, 2005, the 34 1 following amount, or so much thereof as is necessary, to be 34 2 used for the university of Iowa research park and for the 34 3 advanced drug development program at the Oakdale research 34 4 park, including salaries, support, maintenance, equipment, 34 5 miscellaneous purposes, and for not more than the following 34 6 full-time equivalent positions: 34 7 .................................................. $ 247,005 34 8 ............................................... FTEs 6.00 34 9 2. The university of Iowa shall do all of the following: 34 10 a. Direct expenditures for research toward projects that 34 11 will provide economic stimulus for Iowa. 34 12 b. Emphasize that a business and an individual that 34 13 creates a business and receives benefits from a program 34 14 funded, in part, through moneys appropriated in this section 34 15 have a commercially viable product or service. 34 16 c. Provide emphasis to providing services to Iowa-based 34 17 companies. 34 18 3. The board of regents shall submit a report on the 34 19 progress of regents institutions in meeting the strategic plan 34 20 for technology transfer and economic development to the 34 21 secretary of the senate, the chief clerk of the house of 34 22 representatives, and the legislative services agency by 34 23 January 15, 2005. 34 24 4. Notwithstanding section 8.33, moneys appropriated in 34 25 this section that remain unencumbered or unobligated at the 34 26 close of the fiscal year shall not revert but shall remain 34 27 available for expenditure for the purposes designated until 34 28 the close of the succeeding fiscal year. 34 29 Sec. 60. UNIVERSITY OF NORTHERN IOWA. 34 30 1. There is appropriated from the general fund of the 34 31 state to the university of northern Iowa for the fiscal year 34 32 beginning July 1, 2004, and ending June 30, 2005, the 34 33 following amount, or so much thereof as is necessary, to be 34 34 used for the metal casting institute, and for the institute of 34 35 decision making, including salaries, support, maintenance, 35 1 miscellaneous purposes, and for not more than the following 35 2 full-time equivalent positions: 35 3 .................................................. $ 361,291 35 4 ............................................... FTEs 4.75 35 5 2. The university of northern Iowa shall do all of the 35 6 following: 35 7 a. Direct expenditures for research toward projects that 35 8 will provide economic stimulus for Iowa. 35 9 b. Emphasize that a business and an individual that 35 10 creates a business and receives benefits from a program 35 11 funded, in part, through moneys appropriated in this section 35 12 have a commercially viable product or service. 35 13 c. Provide emphasis to providing services to Iowa-based 35 14 companies. 35 15 3. Notwithstanding section 8.33, moneys appropriated in 35 16 this section that remain unencumbered or unobligated at the 35 17 close of the fiscal year shall not revert but shall remain 35 18 available for expenditure for the purposes designated until 35 19 the close of the succeeding fiscal year. 35 20 Sec. 61. DEPARTMENT OF WORKFORCE DEVELOPMENT. 35 21 1. There is appropriated from the general fund of the 35 22 state to the department of workforce development for the 35 23 fiscal year beginning July 1, 2004, and ending June 30, 2005, 35 24 the following amount, or so much thereof as is necessary, for 35 25 the division of labor services, the division of workers' 35 26 compensation, the workforce development state and regional 35 27 boards, the new employment opportunity fund, salaries, 35 28 support, maintenance, miscellaneous purposes, and for not more 35 29 than the following full-time equivalent positions: 35 30 .................................................. $ 4,889,124 35 31 ............................................... FTEs 94.20 35 32 2. From the contractor registration fees, the division of 35 33 labor services shall reimburse the department of inspections 35 34 and appeals for all costs associated with hearings under 35 35 chapter 91C, relating to contractor registration. 36 1 3. The division of workers' compensation shall continue 36 2 charging a $65 filing fee for workers' compensation cases. 36 3 The filing fee shall be paid by the petitioner of a claim. 36 4 However, the fee can be taxed as a cost and paid by the losing 36 5 party, except in cases where it would impose an undue hardship 36 6 or be unjust under the circumstances. Of the moneys generated 36 7 by the filing fee allowed under this subsection, the first 36 8 $225,000 is appropriated to the department of workforce 36 9 development to be used for purposes of administering the 36 10 division of workers' compensation. 36 11 4. Notwithstanding section 8.33, moneys appropriated in 36 12 this section that remain unencumbered or unobligated at the 36 13 close of the fiscal year shall not revert but shall remain 36 14 available for expenditure for the purposes designated until 36 15 the close of the succeeding fiscal year. 36 16 Sec. 62. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 36 17 Notwithstanding section 96.7, subsection 12, paragraph "c", 36 18 there is appropriated from the administrative contribution 36 19 surcharge fund of the state to the department of workforce 36 20 development for the fiscal year beginning July 1, 2004, and 36 21 ending June 30, 2005, any moneys remaining in the 36 22 administrative contribution surcharge fund on June 30, 2004, 36 23 and the entire amount collected during the fiscal year 36 24 beginning July 1, 2004, and ending June 30, 2005, or so much 36 25 thereof as is necessary, for salaries, support, maintenance, 36 26 conducting labor market surveys, miscellaneous purposes, and 36 27 for workforce development regional advisory board member 36 28 expenses. 36 29 Sec. 63. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 36 30 appropriated from the special employment security contingency 36 31 fund to the department of workforce development for the fiscal 36 32 year beginning July 1, 2004, and ending June 30, 2005, the 36 33 following amounts, or so much thereof as is necessary, for the 36 34 purposes designated: 36 35 1. DIVISION OF WORKERS' COMPENSATION 37 1 For salaries, support, maintenance, and miscellaneous 37 2 purposes: 37 3 .................................................. $ 471,000 37 4 2. IMMIGRATION SERVICE CENTERS 37 5 For salaries, support, maintenance, and miscellaneous 37 6 purposes for the pilot immigration service centers: 37 7 .................................................. $ 160,000 37 8 The department of workforce development shall maintain 37 9 pilot immigration service centers that offer one-stop services 37 10 to deal with the multiple issues related to immigration and 37 11 employment. The pilot centers shall be designed to support 37 12 workers, businesses, and communities with information, 37 13 referrals, job placement assistance, translation, language 37 14 training, resettlement, as well as technical and legal 37 15 assistance on such issues as forms and documentation. Through 37 16 the coordination of local, state, and federal service 37 17 providers, and through the development of partnerships with 37 18 public, private, and nonprofit entities with established 37 19 records of international service, these pilot centers shall 37 20 seek to provide a seamless service delivery system for new 37 21 Iowans. 37 22 Any remaining additional penalty and interest revenue may 37 23 be allocated and used to accomplish the mission of the 37 24 department. 37 25 Sec. 64. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 37 26 appropriated from the general fund of the state to the public 37 27 employment relations board for the fiscal year beginning July 37 28 1, 2004, and ending June 30, 2005, the following amount, or so 37 29 much thereof as is necessary, for the purposes designated: 37 30 For salaries, support, maintenance, miscellaneous purposes, 37 31 and for not more than the following full-time equivalent 37 32 positions: 37 33 .................................................. $ 895,752 37 34 ............................................... FTEs 10.00 37 35 Sec. 65. Section 96.7, subsection 2, paragraph d, 38 1 subparagraph (1), Code Supplement 2003, is amended to read as 38 2 follows: 38 3 (1) The current reserve fund ratio is computed by dividing 38 4 the total funds available for payment of benefits, on the 38 5 computation date, by the total wages paid in covered 38 6 employment excluding reimbursable employment wages during the 38 7 first four calendar quarters of the five calendar quarters 38 8 immediately preceding the computation date. However, in 38 9 computing the current reserve fund ratio the following amounts 38 10 shall be added to the total funds available for payment of 38 11 benefits on the following computation dates: 38 12 (a) Twenty million dollars on July 1, 2004. 38 13 (b) Seventy million dollars on July 1, 2005. 38 14 (c) One hundred twenty million dollars on July 1, 2006. 38 15 (d) One hundred fifty million dollars on July 1, 2007, and 38 16 on each subsequent computation date. 38 17 Sec. 66. Section 96.19, subsection 18, paragraph a, 38 18 subparagraph (7), subparagraph subdivision (a), Code 2003, is 38 19 amended to read as follows: 38 20 (a) A person in agricultural labor when such labor is 38 21 performed for an employing unit which during any calendar 38 22 quarter in the calendar year or the preceding calendar year 38 23 paid remuneration in cash of twenty thousand dollars or more 38 24 to individuals employed in agricultural labor excluding labor 38 25 performed before January 1, 1980, by an alien referred to in 38 26 this subparagraph; or on each of some twenty days during the 38 27 calendar year or the preceding calendar year, each day being 38 28 in a different calendar week, employed in agricultural labor 38 29 for some portion of the day ten or more individuals, excluding 38 30 labor performed before January 1, 1980, by an alien referred 38 31 to in this subparagraph; and such labor is not agricultural 38 32 labor performed before January 1, 1980, by an individual who 38 33 is an alien admitted to the United States to perform 38 34 agricultural labor pursuant to sections 214(c) and 38 35 101(a)(15)(H) of the Immigration and Nationality Act, 8 U.S.C. 39 1 } 1184(c), 1101(a)(15)(H) (1976). For purposes of this 39 2 subparagraph subdivision, "employed" shall not include 39 3 services performed by agricultural workers who are aliens 39 4 admitted to the United States to perform labor pursuant to 39 5 section 101(a)(15)(H)(ii)(a) of the Immigration and 39 6 Nationality Act and who are not covered under the Federal 39 7 Unemployment Tax Act. 39 8 Sec. 67. IOWA COMMUNITY COLLEGE ONE SOURCE TRAINING 39 9 INITIATIVE. In the interest of putting an emphasis on the 39 10 software and information technology sector in this state, the 39 11 Iowa community college one source training initiative is 39 12 encouraged to explore a partnership with software and 39 13 information technology of Iowa to identify methods of funding 39 14 the training and retraining needs of the software and 39 15 information technology sector in Iowa. To the extent 39 16 possible, funding from the workforce training and economic 39 17 development moneys in the grow Iowa values fund should be 39 18 considered as a potential funding source for these purposes. 39 19 Sec. 68. VALUE-ADDED AGRICULTURAL PRODUCTS AND PROCESSES 39 20 FINANCIAL ASSISTANCE FUND MONEYS. The office of renewable 39 21 fuels and coproducts may apply to the department of economic 39 22 development for moneys in the value-added agricultural 39 23 products and processes financial assistance fund for deposit 39 24 in the renewable fuels and coproducts fund created in section 39 25 159A.7. 39 26 Sec. 69. IOWA FINANCE AUTHORITY AUDIT. The auditor of 39 27 state is requested to review the audit of the Iowa finance 39 28 authority performed by the auditor hired by the authority. 39 29 The auditor of state is also requested to conduct a 39 30 performance audit of the authority to determine the 39 31 effectiveness of the authority and the programs of the 39 32 authority. 39 33 Sec. 70. APPLICATION FOR DEPARTMENT OF ECONOMIC 39 34 DEVELOPMENT MONEYS. For the fiscal year beginning July 1, 39 35 2004, any entity that was specifically identified in 2001 Iowa 40 1 Acts, chapter 188, to receive funding from the department of 40 2 economic development, excluding any entity identified to 40 3 receive a direct appropriation beginning July 1, 2004, may 40 4 apply to the department for assistance through the appropriate 40 5 program. The department shall provide application criteria 40 6 necessary to implement this section. 40 7 Sec. 71. EXPENDITURE AND ALLOCATION REPORTS. The 40 8 department of economic development, the department of 40 9 workforce development, and the regents institutions receiving 40 10 an appropriation pursuant to this division of this Act shall 40 11 file a written report on a quarterly basis with the 40 12 chairpersons and ranking members of the joint appropriations 40 13 subcommittee on economic development and the legislative 40 14 services agency regarding all expenditures of moneys 40 15 appropriated pursuant to this division of this Act during the 40 16 quarter, allocations of moneys appropriated pursuant to this 40 17 Act during the quarter, and full-time equivalent positions 40 18 allocated during the quarter. 40 19 Sec. 72. SHELTER ASSISTANCE FUND. In providing moneys 40 20 from the shelter assistance fund to homeless shelter programs 40 21 in the fiscal year beginning July 1, 2004, and ending June 30, 40 22 2005, the department of economic development shall explore the 40 23 potential of allocating moneys to homeless shelter programs 40 24 based in part on their ability to move their clients toward 40 25 self-sufficiency. 40 26 Sec. 73. FEDERAL GRANTS. All federal grants to and the 40 27 federal receipts of agencies appropriated funds under this 40 28 division of this Act, not otherwise appropriated, are 40 29 appropriated for the purposes set forth in the federal grants 40 30 or receipts unless otherwise provided by the general assembly. 40 31 Sec. 74. UNEMPLOYMENT COMPENSATION PROGRAM. 40 32 Notwithstanding section 96.9, subsection 4, paragraph "a", 40 33 moneys credited to the state by the secretary of the treasury 40 34 of the United States pursuant to section 903 of the Social 40 35 Security Act shall be appropriated to the department of 41 1 workforce development and shall be used by the department for 41 2 the administration of the unemployment compensation program 41 3 only. This appropriation shall not apply to any fiscal year 41 4 beginning after December 31, 2004. 41 5 Sec. 75. PAYROLL EXPENDITURE REFUNDS. There is 41 6 appropriated from the general fund of the state to the 41 7 department of economic development for the fiscal year 41 8 beginning July 1, 2004, and ending June 30, 2005, $27,786, or 41 9 so much thereof as is necessary, to pay refunds as provided 41 10 under section 15.365. 41 11 DIVISION IV 41 12 EDUCATION 41 13 COLLEGE STUDENT AID COMMISSION 41 14 Sec. 76. There is appropriated from the general fund of 41 15 the state to the college student aid commission for the fiscal 41 16 year beginning July 1, 2004, and ending June 30, 2005, the 41 17 following amounts, or so much thereof as may be necessary, to 41 18 be used for the purposes designated: 41 19 1. GENERAL ADMINISTRATION 41 20 For salaries, support, maintenance, miscellaneous purposes, 41 21 and for not more than the following full-time equivalent 41 22 positions: 41 23 .................................................. $ 298,825 41 24 ............................................... FTEs 4.30 41 25 2. STUDENT AID PROGRAMS 41 26 For payments to students for the Iowa grant program: 41 27 .................................................. $ 1,029,784 41 28 3. DES MOINES UNIVERSITY – OSTEOPATHIC MEDICAL CENTER 41 29 For the Des Moines university – osteopathic medical center 41 30 for an initiative in primary health care to direct primary 41 31 care physicians to shortage areas in the state: 41 32 .................................................. $ 396,451 41 33 From the funds appropriated in this subsection, $50,000 41 34 shall be used for forgivable loans in accordance with section 41 35 261.19, subsection 2. 42 1 4. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 42 2 For purposes of providing national guard educational 42 3 assistance under the program established in section 261.86: 42 4 .................................................. $ 2,900,000 42 5 5. TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM 42 6 For the teacher shortage forgivable loan program 42 7 established in section 261.111: 42 8 .................................................. $ 460,472 42 9 Sec. 77. WORK-STUDY APPROPRIATION NULLIFICATION FOR FY 42 10 2004-2005. Notwithstanding section 261.85, for the fiscal 42 11 year beginning July 1, 2004, and ending June 30, 2005, the 42 12 amount appropriated for the work-study program under section 42 13 261.85 shall be zero. 42 14 DEPARTMENT FOR THE BLIND 42 15 Sec. 78. ADMINISTRATION. There is appropriated from the 42 16 general fund of the state to the department for the blind for 42 17 the fiscal year beginning July 1, 2004, and ending June 30, 42 18 2005, the following amount, or so much thereof as is 42 19 necessary, to be used for the purposes designated: 42 20 For salaries, support, maintenance, miscellaneous purposes 42 21 and for not more than the following full-time equivalent 42 22 positions: 42 23 .................................................. $ 1,541,907 42 24 ............................................... FTEs 109.51 42 25 DEPARTMENT OF CULTURAL AFFAIRS 42 26 Sec. 79. There is appropriated from the general fund of 42 27 the state to the department of cultural affairs for the fiscal 42 28 year beginning July 1, 2004, and ending June 30, 2005, the 42 29 following amounts, or so much thereof as is necessary, to be 42 30 used for the purposes designated: 42 31 1. ADMINISTRATION 42 32 For salaries, support, maintenance, miscellaneous purposes, 42 33 and for not more than the following full-time equivalent 42 34 positions: 42 35 .................................................. $ 214,475 43 1 ............................................... FTEs 1.17 43 2 The department of cultural affairs shall coordinate 43 3 activities with the tourism office of the department of 43 4 economic development to promote attendance at the state 43 5 historical building and at this state's historic sites. 43 6 2. COMMUNITY CULTURAL GRANTS 43 7 For planning and programming for the community cultural 43 8 grants program established under section 303.3: 43 9 .................................................. $ 299,240 43 10 3. HISTORICAL DIVISION 43 11 For salaries, support, maintenance, miscellaneous purposes, 43 12 and for not more than the following full-time equivalent 43 13 positions: 43 14 .................................................. $ 2,868,725 43 15 ............................................... FTEs 54.78 43 16 4. HISTORIC SITES 43 17 For salaries, support, maintenance, miscellaneous purposes, 43 18 and for not more than the following full-time equivalent 43 19 positions: 43 20 .................................................. $ 526,459 43 21 ............................................... FTEs 8.00 43 22 5. ARTS DIVISION 43 23 For salaries, support, maintenance, miscellaneous purposes, 43 24 including funds to match federal grants and for not more than 43 25 the following full-time equivalent positions: 43 26 .................................................. $ 1,157,486 43 27 ............................................... FTEs 7.55 43 28 DEPARTMENT OF EDUCATION 43 29 Sec. 80. There is appropriated from the general fund of 43 30 the state to the department of education for the fiscal year 43 31 beginning July 1, 2004, and ending June 30, 2005, the 43 32 following amounts, or so much thereof as may be necessary, to 43 33 be used for the purposes designated: 43 34 1. GENERAL ADMINISTRATION 43 35 For salaries, support, maintenance, miscellaneous purposes, 44 1 and for not more than the following full-time equivalent 44 2 positions: 44 3 .................................................. $ 5,168,114 44 4 ............................................... FTEs 85.65 44 5 The director of the department of education shall ensure 44 6 that all school districts are aware of the state education 44 7 resources available on the state website for listing teacher 44 8 job openings and shall make every reasonable effort to enable 44 9 qualified practitioners to post their resumes on the state 44 10 website. The department shall administer the posting of job 44 11 vacancies for school districts, accredited nonpublic schools, 44 12 and area education agencies on the state website. The 44 13 department may coordinate this activity with the Iowa school 44 14 board association or other interested education associations 44 15 in the state. The department shall strongly encourage school 44 16 districts to seek direct claiming under the medical assistance 44 17 program for funding of school district nursing services for 44 18 students. 44 19 2. VOCATIONAL EDUCATION ADMINISTRATION 44 20 For salaries, support, maintenance, miscellaneous purposes, 44 21 and for not more than the following full-time equivalent 44 22 positions: 44 23 .................................................. $ 514,828 44 24 ............................................... FTEs 18.25 44 25 3. VOCATIONAL REHABILITATION SERVICES DIVISION 44 26 a. For salaries, support, maintenance, miscellaneous 44 27 purposes, and for not more than the following full-time 44 28 equivalent positions: 44 29 .................................................. $ 4,278,784 44 30 ............................................... FTEs 281.50 44 31 The division of vocational rehabilitation services shall 44 32 seek funding from other sources, such as local funds, for 44 33 purposes of matching the state's federal vocational 44 34 rehabilitation allocation, as well as for matching other 44 35 federal vocational rehabilitation funding that may become 45 1 available. 45 2 Except where prohibited under federal law, the division of 45 3 vocational rehabilitation services of the department of 45 4 education shall accept client assessments, or assessments of 45 5 potential clients, performed by other agencies in order to 45 6 reduce duplication of effort. 45 7 Notwithstanding the full-time equivalent position limit 45 8 established in this lettered paragraph, for the fiscal year 45 9 ending June 30, 2005, if federal funding is received to pay 45 10 the costs of additional employees for the vocational 45 11 rehabilitation services division who would have duties 45 12 relating to vocational rehabilitation services paid for 45 13 through federal funding, authorization to hire not more than 45 14 4.00 additional full-time equivalent employees shall be 45 15 provided, the full-time equivalent position limit shall be 45 16 exceeded, and the additional employees shall be hired by the 45 17 division. 45 18 b. For matching funds for programs to enable persons with 45 19 severe physical or mental disabilities to function more 45 20 independently, including salaries and support, and for not 45 21 more than the following full-time equivalent position: 45 22 .................................................. $ 54,150 45 23 ............................................... FTEs 1.00 45 24 The highest priority use for the moneys appropriated under 45 25 this lettered paragraph shall be for programs that emphasize 45 26 employment and assist persons with severe physical or mental 45 27 disabilities to find and maintain employment to enable them to 45 28 function more independently. 45 29 4. STATE LIBRARY 45 30 a. For salaries, support, maintenance, miscellaneous 45 31 purposes, and for not more than the following full-time 45 32 equivalent positions: 45 33 .................................................. $ 1,262,603 45 34 ............................................... FTEs 18.00 45 35 b. For the enrich Iowa program: 46 1 .................................................. $ 1,698,432 46 2 (1) Funds allocated for purposes of the enrich Iowa 46 3 program as provided in this lettered paragraph shall be 46 4 distributed by the division of libraries and information 46 5 services to provide support for Iowa's libraries. The 46 6 commission of libraries shall develop rules governing the 46 7 allocation of funds provided by the general assembly for the 46 8 enrich Iowa program to provide direct state assistance to 46 9 public libraries and to fund the open access and access plus 46 10 programs. Direct state assistance to eligible public 46 11 libraries is provided as an incentive to improve library 46 12 services and to reduce inequities among communities in the 46 13 delivery of library services based on recognized and adopted 46 14 performance measures. Funds distributed as direct state 46 15 assistance shall be distributed to eligible public libraries 46 16 that are in compliance with performance measures adopted by 46 17 rule by the commission of libraries. The funds allocated as 46 18 provided in this lettered paragraph shall not be used for the 46 19 costs of administration by the division. The amount of direct 46 20 state assistance distributed to each eligible public library 46 21 shall be based upon the following: 46 22 (a) The level of compliance by the eligible public library 46 23 with the performance measures adopted by the commission as 46 24 provided in this subparagraph. 46 25 (b) The number of people residing within an eligible 46 26 library's geographic service area for whom the library 46 27 provides services. 46 28 (c) The amount of other funding the eligible public 46 29 library received in the previous fiscal year for providing 46 30 services to rural residents and to contracting communities. 46 31 (2) Moneys received by a public library under this 46 32 lettered paragraph shall supplement, not supplant, any other 46 33 funding received by the library. 46 34 (3) For purposes of this section, "eligible public 46 35 library" means a public library that meets all of the 47 1 following requirements: 47 2 (a) Submits to the division all of the following: 47 3 (i) The report provided for under section 256.51, 47 4 subsection 1, paragraph "h". 47 5 (ii) An application and accreditation report, in a format 47 6 approved by the commission, that provides evidence of the 47 7 library's compliance with at least one level of the standards 47 8 established in accordance with section 256.51, subsection 1, 47 9 paragraph "k". 47 10 (iii) Any other application or report the division deems 47 11 necessary for the implementation of the enrich Iowa program. 47 12 (b) Participates in the library resource and information 47 13 sharing programs established by the state library. 47 14 (c) Is a public library established by city ordinance or a 47 15 library district as provided in chapter 336. 47 16 (4) Each eligible public library shall maintain a separate 47 17 listing within its budget for payments received and 47 18 expenditures made pursuant to this lettered paragraph, and 47 19 shall annually submit this listing to the division. 47 20 (5) By January 15, 2006, the division shall submit a 47 21 program evaluation report to the general assembly and the 47 22 governor detailing the uses and the impacts of funds allocated 47 23 under this lettered paragraph. 47 24 (6) A public library that receives funds in accordance 47 25 with this lettered paragraph shall have an internet use policy 47 26 in place, which may or may not include internet filtering. 47 27 The library shall submit a report describing the library's 47 28 internet use efforts to the division. 47 29 (7) A public library that receives funds in accordance 47 30 with this lettered paragraph shall provide open access, the 47 31 reciprocal borrowing program, as a service to its patrons, at 47 32 a reimbursement rate determined by the state library. 47 33 5. LIBRARY SERVICE AREA SYSTEM 47 34 For state aid: 47 35 .................................................. $ 1,376,558 48 1 6. PUBLIC BROADCASTING DIVISION 48 2 For salaries, support, maintenance, capital expenditures, 48 3 miscellaneous purposes, and for not more than the following 48 4 full-time equivalent positions: 48 5 .................................................. $ 6,568,514 48 6 ............................................... FTEs 78.00 48 7 7. REGIONAL TELECOMMUNICATIONS COUNCILS 48 8 For state aid and for not more than the following full-time 48 9 equivalent positions: 48 10 .................................................. $ 1,600,806 48 11 ............................................... FTEs 6.00 48 12 a. Of the amount appropriated in this subsection, $360,328 48 13 shall be allocated to the public broadcasting division for 48 14 purposes of providing support for functions related to the 48 15 Iowa communications network, including but not limited to the 48 16 following functions: development of distance learning 48 17 applications; development of a central information source on 48 18 the internet relating to educational uses of the network; 48 19 second-line technical support for network sites; testing and 48 20 initializing sites onto the network; and coordinating the work 48 21 of the education telecommunications council. 48 22 b. Of the amount appropriated in this subsection, 48 23 $1,240,478 shall be allocated to the regional 48 24 telecommunications councils established in section 8D.5. The 48 25 regional telecommunications councils shall use the funds to 48 26 provide technical assistance for network classrooms, planning 48 27 and troubleshooting for local area networks, scheduling of 48 28 video sites, and other related support activities. 48 29 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 48 30 For reimbursement for vocational education expenditures 48 31 made by secondary schools: 48 32 .................................................. $ 2,936,904 48 33 Funds appropriated in this subsection shall be used for 48 34 expenditures made by school districts to meet the standards 48 35 set in sections 256.11, 258.4, and 260C.14 as a result of the 49 1 enactment of 1989 Iowa Acts, chapter 278. Funds shall be used 49 2 as reimbursement for vocational education expenditures made by 49 3 secondary schools in the manner provided by the department of 49 4 education for implementation of the standards set in 1989 Iowa 49 5 Acts, chapter 278. 49 6 9. SCHOOL FOOD SERVICE 49 7 For use as state matching funds for federal programs that 49 8 shall be disbursed according to federal regulations, including 49 9 salaries, support, maintenance, and miscellaneous purposes: 49 10 .................................................. $ 2,509,683 49 11 10. IOWA EMPOWERMENT FUND 49 12 For deposit in the school ready children grants account of 49 13 the Iowa empowerment fund created in section 28.9: 49 14 .................................................. $ 13,381,594 49 15 a. From the moneys deposited in the school ready children 49 16 grants account for the fiscal year beginning July 1, 2004, and 49 17 ending June 30, 2005, not more than $200,000 is allocated for 49 18 the community empowerment office and other technical 49 19 assistance activities. It is the intent of the general 49 20 assembly that regional technical assistance teams will be 49 21 established and will include staff from various agencies, as 49 22 appropriate, including the area education agencies, community 49 23 colleges, and the Iowa state university of science and 49 24 technology cooperative extension service in agriculture and 49 25 home economics. The Iowa empowerment board shall direct staff 49 26 to work with the advisory council to inventory technical 49 27 assistance needs. Funds allocated under this lettered 49 28 paragraph may be used by the Iowa empowerment board for the 49 29 purpose of skills development and support for ongoing training 49 30 of the regional technical assistance teams. However, funds 49 31 shall not be used for additional staff or for the 49 32 reimbursement of staff. 49 33 b. Notwithstanding any other provision of law to the 49 34 contrary, the community empowerment office shall use the 49 35 documentation created by the legislative services agency to 50 1 continue the implementation of the four-year phase-in period 50 2 of the distribution formula approved by the community 50 3 empowerment board. 50 4 c. As a condition of receiving funding appropriated in 50 5 this subsection, each community empowerment area board shall 50 6 report to the Iowa empowerment board progress on each of the 50 7 state indicators approved by the state board, as well as 50 8 progress on local indicators. The community empowerment area 50 9 board must also submit a written plan amendment extending by 50 10 one year the area's comprehensive school ready children grant 50 11 plan developed for providing services for children from birth 50 12 through five years of age and provide other information 50 13 specified by the Iowa empowerment board. The amendment may 50 14 also provide for changes in the programs and services provided 50 15 under the plan. The Iowa empowerment board shall establish a 50 16 submission deadline for the plan amendment that allows a 50 17 reasonable period of time for preparation of the plan 50 18 amendment and for review and approval or request for 50 19 modification of the plan amendment by the Iowa empowerment 50 20 board. In addition, the community empowerment board must 50 21 continue to comply with reporting provisions and other 50 22 requirements adopted by the Iowa empowerment board in 50 23 implementing section 28.8. 50 24 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 50 25 To provide funds for costs of providing textbooks to each 50 26 resident pupil who attends a nonpublic school as authorized by 50 27 section 301.1. The funding is limited to $20 per pupil and 50 28 shall not exceed the comparable services offered to resident 50 29 public school pupils: 50 30 .................................................. $ 590,458 50 31 12. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 50 32 For purposes, as provided in law, of the student 50 33 achievement and teacher quality program established pursuant 50 34 to chapter 284: 50 35 .................................................. $ 45,283,894 51 1 13. JOBS FOR AMERICA'S GRADUATES 51 2 For school districts to provide direct services to the most 51 3 at-risk senior high school students enrolled in school 51 4 districts through direct intervention by a jobs for America's 51 5 graduates specialist: 51 6 .................................................. $ 400,000 51 7 14. CLOSING THE ACHIEVEMENT GAP GRANTS 51 8 For competitive grants to be awarded in no more than four 51 9 school districts: 51 10 .................................................. $ 500,000 51 11 a. The department shall establish a competitive grant 51 12 program that supports school district efforts to address the 51 13 achievement gap. Priority shall be given to school districts 51 14 using research-based strategies that have the highest 51 15 probability of improving student achievement. A grant in the 51 16 amount of $125,000 shall be awarded no later than October 1, 51 17 2004, to a school district in each of the following size 51 18 school districts: 51 19 (1) A school district with an enrollment of 1199 or less. 51 20 (2) A school district with an enrollment of more than 51 21 1199, but not more than 4749. 51 22 (3) A school district with an enrollment of more than 51 23 4749. 51 24 (4) A school district with any enrollment. 51 25 b. Grant moneys may be used by recipient school districts 51 26 for purposes including, but not limited to, assigning highly 51 27 skilled teachers to high-need students and highly skilled 51 28 administrators to high-need buildings, maintaining a 51 29 commitment to cultural competency training, sustaining high 51 30 expectations for all children, and creating partnerships 51 31 between schools, communities, and businesses. 51 32 15. COMMUNITY COLLEGES 51 33 For general state financial aid to merged areas as defined 51 34 in section 260C.2 in accordance with chapters 258 and 260C: 51 35 .................................................. $139,779,244 52 1 The funds appropriated in this subsection shall be 52 2 allocated as follows: 52 3 a. Merged Area I ............................. $ 6,717,353 52 4 b. Merged Area II ............................ $ 7,859,917 52 5 c. Merged Area III ........................... $ 7,295,985 52 6 d. Merged Area IV ............................ $ 3,569,332 52 7 e. Merged Area V ............................. $ 7,499,287 52 8 f. Merged Area VI ............................ $ 6,918,909 52 9 g. Merged Area VII ........................... $ 10,008,601 52 10 h. Merged Area IX ............................ $ 12,311,409 52 11 i. Merged Area X ............................. $ 19,369,288 52 12 j. Merged Area XI ............................ $ 20,524,506 52 13 k. Merged Area XII ........................... $ 8,084,396 52 14 l. Merged Area XIII .......................... $ 8,298,918 52 15 m. Merged Area XIV ........................... $ 3,612,936 52 16 n. Merged Area XV ............................ $ 11,362,216 52 17 o. Merged Area XVI ........................... $ 6,346,191 52 18 Sec. 81. WHOLE-GRADE SHARING AGREEMENT DEADLINE WAIVER. 52 19 Notwithstanding sections 282.10 and 282.11, the department of 52 20 education may, at the department's discretion, waive any of 52 21 the deadline requirements of sections 282.10 and 282.11, 52 22 relating to the signing of a whole-grade sharing agreement by 52 23 the boards of two or more school districts involved in the 52 24 agreement and the public notice and hearing requirements, if 52 25 one of the districts involved in the agreement has an 52 26 enrollment of less than three hundred. This section is 52 27 repealed July 1, 2004. 52 28 Sec. 82. STATEWIDE TEACHER INTERN PROGRAM FEASIBILITY 52 29 STUDY – FEDERAL GRANT APPLICATION COORDINATION. 52 30 1. The department of education shall work cooperatively 52 31 with the state board of regents and other accredited 52 32 postsecondary institutions with approved practitioner 52 33 preparation programs to assess the feasibility of the offering 52 34 of a teacher intern program that will be available statewide 52 35 and which will meet the standards as provided in 281 IAC 77. 53 1 The department shall, at minimum, collaborate with the state 53 2 board of regents and the colleges of education at board's 53 3 institutions of higher learning, and with other accredited 53 4 postsecondary institutions with approved practitioner 53 5 preparation programs. The study shall include the projected 53 6 enrollment, cost, delivery of the program via technology, and 53 7 possible time lines for implementation of a statewide teacher 53 8 intern program. The study shall, at minimum, consider the 53 9 establishment of a program operated through a regents 53 10 institution under a cooperative arrangement with other 53 11 postsecondary institutions, including institutions that do not 53 12 have approved practitioner preparation programs, or with one 53 13 or more area education agencies. The department shall submit 53 14 a report summarizing the results of the study and making 53 15 recommendations to the chairpersons and ranking members of the 53 16 house and senate committees on education and the chairpersons 53 17 and rankings members of the joint appropriations subcommittee 53 18 on education by January 15, 2005. 53 19 2. The department shall work cooperatively with the state 53 20 board of regents and other appropriate eligible grantees to 53 21 obtain any available federal funding, including grants that 53 22 may be available for the establishment and operation of a 53 23 teacher intern program. 53 24 Sec. 83. BOARD OF EDUCATIONAL EXAMINERS LICENSING FEES. 53 25 Notwithstanding section 272.10, up to 85 percent of any funds 53 26 received annually resulting from an increase in fees approved 53 27 and implemented for licensing by the state board of 53 28 educational examiners after July 1, 1997, and before June 30, 53 29 2003, and up to 70 percent of any funds received annually 53 30 resulting from an increase in fees approved and implemented 53 31 for licensing by the state board after July 1, 2003, shall be 53 32 available for the fiscal year beginning July 1, 2004, to the 53 33 state board for purposes related to the state board's duties, 53 34 including, but not limited to, additional full-time equivalent 53 35 positions. The director of the department of administrative 54 1 services shall draw warrants upon the treasurer of state from 54 2 the funds appropriated as provided in this section and shall 54 3 make the funds resulting from the increase in fees available 54 4 during the fiscal year to the state board on a monthly basis. 54 5 Sec. 84. MINIMUM TEACHER SALARY REQUIREMENTS – FY 2004- 54 6 2005. 54 7 1. Notwithstanding section 284.7, subsection 1, paragraph 54 8 "a", subparagraph (2), the minimum teacher salary paid by a 54 9 school district or area education agency for purposes of 54 10 teacher compensation in accordance with chapter 284, for the 54 11 fiscal year beginning July 1, 2004, and ending June 30, 2005, 54 12 shall be the minimum salary amount the school district or area 54 13 education agency paid to a first-year beginning teacher or, 54 14 the minimum salary amount the school district or area 54 15 education agency would have paid a first-year beginning 54 16 teacher if the school district or area education agency had 54 17 participated in the program in the 2001-2002 school year, in 54 18 accordance with section 284.7, subsection 1, Code Supplement 54 19 2001. If the school district or area education agency did not 54 20 employ a first-year beginning teacher in the 2001-2002 school 54 21 year, the minimum salary is the amount that the district would 54 22 have paid a first-year beginning teacher under chapter 284 in 54 23 the 2001-2002 school year. 54 24 2. Notwithstanding section 284.7, subsection 1, paragraph 54 25 "b", subparagraph (2), the minimum career teacher salary paid 54 26 to a career teacher who was a beginning teacher in the 2003- 54 27 2004 school year, by a school district or area education 54 28 agency participating in the student achievement and teacher 54 29 quality program, for the school year beginning July 1, 2004, 54 30 and ending June 30, 2005, shall be, unless the school district 54 31 has a minimum career teacher salary that exceeds thirty 54 32 thousand dollars, one thousand dollars greater than the 54 33 minimum salary amount the school district or area education 54 34 agency paid to a first-year beginning teacher if the school 54 35 district or area education agency participated in the program 55 1 during the 2001-2002 school year, or the minimum salary amount 55 2 the school district or area education agency would have paid a 55 3 first-year beginning teacher if the school district or area 55 4 education agency had participated in the program in the 2001- 55 5 2002 school year, in accordance with section 284.7, subsection 55 6 1, Code Supplement 2001. 55 7 3. Notwithstanding section 284.7, subsection 1, paragraph 55 8 "b", subparagraph (2), and except as provided in subsection 2, 55 9 the minimum career teacher salary paid by a school district or 55 10 area education agency participating in the student achievement 55 11 and teacher quality program, for purposes of teacher 55 12 compensation in accordance with chapter 284, for the school 55 13 year beginning July 1, 2004, and ending June 30, 2005, shall 55 14 be the minimum salary amount the school district or area 55 15 education agency paid to a career teacher if the school 55 16 district or area education agency participated in the program 55 17 during the 2001-2002 school year, or, the minimum salary 55 18 amount the school district or area education agency would have 55 19 paid a career teacher if the school district or area education 55 20 agency had participated in the program in the 2001-2002 school 55 21 year, in accordance with section 284.7, subsection 1, Code 55 22 Supplement 2001. 55 23 Sec. 85. SUPPLEMENTAL AID FOR THE IOWA PUBLIC BROADCASTING 55 24 DIVISION. Notwithstanding the provisions of section 8.33, or 55 25 any other provision of law to the contrary, $158,000 from the 55 26 moneys from the appropriation made in section 284.13, 55 27 subsection 1, paragraph "d", as amended by this division of 55 28 this Act, which remain unexpended or unencumbered on June 30, 55 29 2004, shall not revert but shall remain available for 55 30 expenditure in the succeeding fiscal year by the department of 55 31 education for the public broadcasting division to supplement 55 32 the appropriation made in this division of this Act for the 55 33 public broadcasting division. 55 34 STATE BOARD OF REGENTS 55 35 Sec. 86. There is appropriated from the general fund of 56 1 the state to the state board of regents for the fiscal year 56 2 beginning July 1, 2004, and ending June 30, 2005, the 56 3 following amounts, or so much thereof as may be necessary, to 56 4 be used for the purposes designated: 56 5 1. OFFICE OF STATE BOARD OF REGENTS 56 6 a. For salaries, support, maintenance, miscellaneous 56 7 purposes, and for not more than the following full-time 56 8 equivalent positions: 56 9 .................................................. $ 1,160,398 56 10 ............................................... FTEs 16.00 56 11 The state board of regents, the department of management, 56 12 and the legislative services agency shall cooperate to 56 13 determine and agree upon, by November 15, 2004, the amount 56 14 that needs to be appropriated for tuition replacement for the 56 15 fiscal year beginning July 1, 2005. 56 16 The state board of regents shall submit a monthly financial 56 17 report in a format agreed upon by the state board of regents 56 18 office and the legislative services agency. 56 19 b. For allocation by the state board of regents to the 56 20 state university of Iowa, the Iowa state university of science 56 21 and technology, and the university of northern Iowa to 56 22 reimburse the institutions for deficiencies in their operating 56 23 funds resulting from the pledging of tuitions, student fees 56 24 and charges, and institutional income to finance the cost of 56 25 providing academic and administrative buildings and facilities 56 26 and utility services at the institutions: 56 27 .................................................. $ 13,009,474 56 28 Notwithstanding section 8.33, funds appropriated for the 56 29 purposes in this lettered paragraph remaining unencumbered or 56 30 unobligated at the end of the fiscal year shall not revert to 56 31 the general fund of the state but shall be available for 56 32 expenditure for the purposes specified in this lettered 56 33 paragraph during the subsequent fiscal year. 56 34 c. For funds to be allocated to the southwest Iowa 56 35 graduate studies center: 57 1 .................................................. $ 105,956 57 2 d. For funds to be allocated to the siouxland interstate 57 3 metropolitan planning council for the tristate graduate center 57 4 under section 262.9, subsection 21: 57 5 .................................................. $ 77,941 57 6 e. For funds to be allocated to the quad-cities graduate 57 7 studies center: 57 8 .................................................. $ 157,144 57 9 2. STATE UNIVERSITY OF IOWA 57 10 a. General university, including lakeside laboratory 57 11 For salaries, support, maintenance, equipment, 57 12 miscellaneous purposes, and for not more than the following 57 13 full-time equivalent positions: 57 14 .................................................. $219,937,344 57 15 ............................................... FTEs 4,055.62 57 16 It is the intent of the general assembly that the 57 17 university continue progress on the school of public health 57 18 and the public health initiative for the purposes of 57 19 establishing an accredited school of public health and for 57 20 funding an initiative for the health and independence of 57 21 elderly Iowans. From the funds appropriated in this lettered 57 22 paragraph, the university may use up to $2,100,000 for the 57 23 school of public health and the public health initiative. 57 24 b. University hospitals 57 25 For salaries, support, maintenance, equipment, and 57 26 miscellaneous purposes and for medical and surgical treatment 57 27 of indigent patients as provided in chapter 255, for medical 57 28 education, and for not more than the following full-time 57 29 equivalent positions: 57 30 .................................................. $ 27,284,584 57 31 ............................................... FTEs 5,471.01 57 32 Of the amount appropriated in this lettered paragraph, 57 33 $25,950,166 shall be considered encumbered and shall not be 57 34 expended for any purpose until January 1, 2005. 57 35 (1) However, if the department of human services adjusts 58 1 hospital payments to provide an increased base rate to offset 58 2 the high cost incurred for providing services to medical 58 3 assistance patients prior to January 1, 2005, a portion of the 58 4 amount specified in this unnumbered paragraph equal to the 58 5 increased Medicaid payment shall revert to the general fund of 58 6 the state. Notwithstanding section 8.54, subsection 7, the 58 7 amount required to revert under this subparagraph shall not be 58 8 considered to be appropriated for purposes of the state 58 9 general fund expenditure limitation for the fiscal year 58 10 beginning July 1, 2004. 58 11 (2) If the adjustment described in subparagraph (1) to 58 12 increase the base rate is not made prior to January 1, 2005, 58 13 the amount specified in this unnumbered paragraph shall no 58 14 longer be considered encumbered, may be expended, and shall be 58 15 available for the purposes originally specified. 58 16 (3) Any incremental increase in the base rate made 58 17 pursuant to subparagraph (1) shall not be used in determining 58 18 the university of Iowa hospital and clinics disproportionate 58 19 share rate or when determining the statewide average base rate 58 20 for purposes of calculating indirect medical education rates. 58 21 The university of Iowa hospitals and clinics shall, within 58 22 the context of chapter 255 and when medically appropriate, 58 23 make reasonable efforts to extend the university of Iowa 58 24 hospitals and clinics' use of home telemedicine and other 58 25 technologies to reduce the frequency of visits to the hospital 58 26 required by the indigent patients. 58 27 The university of Iowa hospitals and clinics shall submit 58 28 quarterly a report regarding the portion of the appropriation 58 29 in this lettered paragraph expended on medical education. The 58 30 report shall be submitted in a format jointly developed by the 58 31 university of Iowa hospitals and clinics, the legislative 58 32 services agency, and the department of management, and shall 58 33 delineate the expenditures and purposes of the funds. 58 34 (4) Funds appropriated in this lettered paragraph shall 58 35 not be used to perform abortions except medically necessary 59 1 abortions, and shall not be used to operate the early 59 2 termination of pregnancy clinic except for the performance of 59 3 medically necessary abortions. For the purpose of this 59 4 lettered paragraph, an abortion is the purposeful interruption 59 5 of pregnancy with the intention other than to produce a live- 59 6 born infant or to remove a dead fetus, and a medically 59 7 necessary abortion is one performed under one of the following 59 8 conditions: 59 9 (a) The attending physician certifies that continuing the 59 10 pregnancy would endanger the life of the pregnant woman. 59 11 (b) The attending physician certifies that the fetus is 59 12 mentally deficient or afflicted with a congenital illness. 59 13 (c) The pregnancy is the result of a rape which is 59 14 reported within 45 days of the incident to a law enforcement 59 15 agency or public or private health agency which may include a 59 16 family physician. 59 17 (d) The pregnancy is the result of incest which is 59 18 reported within 150 days of the incident to a law enforcement 59 19 agency or public or private health agency which may include a 59 20 family physician. 59 21 (e) The abortion is a spontaneous abortion, commonly known 59 22 as a miscarriage, wherein not all of the products of 59 23 conception are expelled. 59 24 The total quota allocated to the counties for indigent 59 25 patients for the fiscal year beginning July 1, 2004, shall not 59 26 be lower than the total quota allocated to the counties for 59 27 the fiscal year commencing July 1, 1998. The total quota 59 28 shall be allocated among the counties on the basis of the 2000 59 29 census pursuant to section 255.16. 59 30 The university of Iowa hospitals and clinics, in 59 31 cooperation with the department of corrections, shall study 59 32 the utilization of the indigent patient care program by 59 33 department of corrections' inmates and shall submit a report 59 34 to the governor and the general assembly on or before January 59 35 1, 2005, regarding recommendations to improve the efficiency 60 1 and cost-effectiveness of the care provided to the inmates. 60 2 c. Psychiatric hospital 60 3 For salaries, support, maintenance, equipment, 60 4 miscellaneous purposes, for the care, treatment, and 60 5 maintenance of committed and voluntary public patients, and 60 6 for not more than the following full-time equivalent 60 7 positions: 60 8 .................................................. $ 7,043,056 60 9 ............................................... FTEs 272.11 60 10 d. Center for disabilities and development 60 11 For salaries, support, maintenance, miscellaneous purposes, 60 12 and for not more than the following full-time equivalent 60 13 positions: 60 14 .................................................. $ 6,363,265 60 15 ............................................... FTEs 143.34 60 16 From the funds appropriated in this lettered paragraph, 60 17 $200,000 shall be allocated for purposes of the employment 60 18 policy group. 60 19 e. Oakdale campus 60 20 For salaries, support, maintenance, miscellaneous purposes, 60 21 and for not more than the following full-time equivalent 60 22 positions: 60 23 .................................................. $ 2,657,335 60 24 ............................................... FTEs 43.25 60 25 f. State hygienic laboratory 60 26 For salaries, support, maintenance, miscellaneous purposes, 60 27 and for not more than the following full-time equivalent 60 28 positions: 60 29 .................................................. $ 3,802,520 60 30 ............................................... FTEs 102.49 60 31 g. Family practice program 60 32 For allocation by the dean of the college of medicine, with 60 33 approval of the advisory board, to qualified participants, to 60 34 carry out chapter 148D for the family practice program, 60 35 including salaries and support, and for not more than the 61 1 following full-time equivalent positions: 61 2 .................................................. $ 2,075,948 61 3 ............................................... FTEs 192.40 61 4 h. Child health care services 61 5 For specialized child health care services, including 61 6 childhood cancer diagnostic and treatment network programs, 61 7 rural comprehensive care for hemophilia patients, and the Iowa 61 8 high-risk infant follow-up program, including salaries and 61 9 support, and for not more than the following full-time 61 10 equivalent positions: 61 11 .................................................. $ 649,066 61 12 ............................................... FTEs 53.46 61 13 i. Statewide cancer registry 61 14 For the statewide cancer registry, and for not more than 61 15 the following full-time equivalent positions: 61 16 .................................................. $ 178,739 61 17 ............................................... FTEs 2.40 61 18 j. Substance abuse consortium 61 19 For funds to be allocated to the Iowa consortium for 61 20 substance abuse research and evaluation, and for not more than 61 21 the following full-time equivalent positions: 61 22 .................................................. $ 64,871 61 23 ............................................... FTEs 1.50 61 24 k. Center for biocatalysis 61 25 For the center for biocatalysis, and for not more than the 61 26 following full-time equivalent positions: 61 27 .................................................. $ 881,384 61 28 ............................................... FTEs 5.20 61 29 l. Primary health care initiative 61 30 For the primary health care initiative in the college of 61 31 medicine and for not more than the following full-time 61 32 equivalent positions: 61 33 .................................................. $ 759,875 61 34 ............................................... FTEs 7.75 61 35 From the funds appropriated in this lettered paragraph, 62 1 $330,000 shall be allocated to the department of family 62 2 practice at the state university of Iowa college of medicine 62 3 for family practice faculty and support staff. 62 4 m. Birth defects registry 62 5 For the birth defects registry and for not more than the 62 6 following full-time equivalent positions: 62 7 .................................................. $ 44,636 62 8 ............................................... FTEs 1.30 62 9 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 62 10 a. General university 62 11 For salaries, support, maintenance, equipment, 62 12 miscellaneous purposes, and for not more than the following 62 13 full-time equivalent positions: 62 14 .................................................. $173,189,751 62 15 ............................................... FTEs 3,647.42 62 16 It is the intent of the general assembly that the 62 17 university continue progress on the center for excellence in 62 18 fundamental plant sciences. From the funds appropriated in 62 19 this lettered paragraph, the university may use up to 62 20 $4,670,000 for the center for excellence in fundamental plant 62 21 sciences. 62 22 b. Agricultural experiment station 62 23 For salaries, support, maintenance, miscellaneous purposes, 62 24 and for not more than the following full-time equivalent 62 25 positions: 62 26 .................................................. $ 31,019,520 62 27 ............................................... FTEs 546.98 62 28 c. Cooperative extension service in agriculture and home 62 29 economics 62 30 For salaries, support, maintenance, miscellaneous purposes, 62 31 and for not more than the following full-time equivalent 62 32 positions: 62 33 .................................................. $ 19,738,432 62 34 ............................................... FTEs 383.34 62 35 d. Leopold center 63 1 For agricultural research grants at Iowa state university 63 2 under section 266.39B, and for not more than the following 63 3 full-time equivalent positions: 63 4 .................................................. $ 464,319 63 5 ............................................... FTEs 11.25 63 6 e. Livestock disease research 63 7 For deposit in and the use of the livestock disease 63 8 research fund under section 267.8: 63 9 .................................................. $ 220,708 63 10 4. UNIVERSITY OF NORTHERN IOWA 63 11 a. General university 63 12 For salaries, support, maintenance, equipment, 63 13 miscellaneous purposes, and for not more than the following 63 14 full-time equivalent positions: 63 15 .................................................. $ 77,804,507 63 16 ............................................... FTEs 1,398.01 63 17 It is the intent of the general assembly that the 63 18 university continue progress on the implementation of a 63 19 masters in social work program. From the funds appropriated 63 20 in this lettered paragraph, the university may use up to 63 21 $450,000 for the implementation of the masters in social work 63 22 program, up to $100,000 for the roadside vegetation project, 63 23 and up to $200,000 for the Iowa office for staff development. 63 24 b. Recycling and reuse center 63 25 For purposes of the recycling and reuse center, and for not 63 26 more than the following full-time equivalent positions: 63 27 .................................................. $ 211,858 63 28 ............................................... FTEs 3.00 63 29 5. STATE SCHOOL FOR THE DEAF 63 30 For salaries, support, maintenance, miscellaneous purposes, 63 31 and for not more than the following full-time equivalent 63 32 positions: 63 33 .................................................. $ 8,468,249 63 34 ............................................... FTEs 126.60 63 35 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 64 1 For salaries, support, maintenance, miscellaneous purposes, 64 2 and for not more than the following full-time equivalent 64 3 positions: 64 4 .................................................. $ 4,737,675 64 5 ............................................... FTEs 81.00 64 6 7. TUITION AND TRANSPORTATION COSTS 64 7 For payment to local school boards for the tuition and 64 8 transportation costs of students residing in the Iowa braille 64 9 and sight saving school and the state school for the deaf 64 10 pursuant to section 262.43 and for payment of certain 64 11 clothing, prescription, and transportation costs for students 64 12 at these schools pursuant to section 270.5: 64 13 .................................................. $ 15,020 64 14 Sec. 87. MEDICAL ASSISTANCE – SUPPLEMENTAL AMOUNTS. For 64 15 the fiscal year beginning July 1, 2004, and ending June 30, 64 16 2005, the department of human services shall continue the 64 17 supplemental disproportionate share and a supplemental 64 18 indirect medical education adjustment applicable to state- 64 19 owned acute care hospitals with more than 500 beds and shall 64 20 reimburse qualifying hospitals pursuant to that adjustment 64 21 with a supplemental amount for services provided medical 64 22 assistance recipients. The adjustment shall generate 64 23 supplemental payments intended to equal the state 64 24 appropriation made to a qualifying hospital for treatment of 64 25 indigent patients as provided in chapter 255. To the extent 64 26 of the supplemental payments, a qualifying hospital shall, 64 27 after receipt of the funds, transfer to the department of 64 28 human services an amount equal to the actual supplemental 64 29 payments that were made in that month. The aggregate amounts 64 30 for the fiscal year shall not exceed the state appropriation 64 31 made to the qualifying hospital for treatment of indigent 64 32 patients as provided in chapter 255. The department of human 64 33 services shall deposit these funds in the department's medical 64 34 assistance account. To the extent that state funds 64 35 appropriated to a qualifying hospital for the treatment of 65 1 indigent patients as provided in chapter 255 have been 65 2 transferred to the department of human services as a result of 65 3 these supplemental payments made to the qualifying hospital, 65 4 the department shall not, directly or indirectly, recoup the 65 5 supplemental payments made to a qualifying hospital for any 65 6 reason, unless an equivalent amount of the funds transferred 65 7 to the department of human services by a qualifying hospital 65 8 pursuant to this provision is transferred to the qualifying 65 9 hospital by the department. 65 10 If the state supplemental amount allotted to the state of 65 11 Iowa for the federal fiscal year beginning October 1, 2004, 65 12 and ending September 30, 2005, pursuant to section 1923(f)(3) 65 13 of the federal Social Security Act, as amended, or pursuant to 65 14 federal payments for indirect medical education is greater 65 15 than the amount necessary to fund the federal share of the 65 16 supplemental payments specified in the preceding paragraph, 65 17 the department of human services shall increase the 65 18 supplemental disproportionate share or supplemental indirect 65 19 medical education adjustment by the lesser of the amount 65 20 necessary to utilize fully the state supplemental amount or 65 21 the amount of state funds appropriated to the state university 65 22 of Iowa general education fund and allocated to the university 65 23 for the college of medicine. The state university of Iowa 65 24 shall transfer from the allocation for the college of medicine 65 25 to the department of human services, on a monthly basis, an 65 26 amount equal to the additional supplemental payments made 65 27 during the previous month pursuant to this paragraph. A 65 28 qualifying hospital receiving supplemental payments pursuant 65 29 to this paragraph that are greater than the state 65 30 appropriation made to the qualifying hospital for treatment of 65 31 indigent patients as provided in chapter 255 shall be 65 32 obligated as a condition of its participation in the medical 65 33 assistance program to transfer to the state university of Iowa 65 34 general education fund on a monthly basis an amount equal to 65 35 the funds transferred by the state university of Iowa to the 66 1 department of human services. To the extent that state funds 66 2 appropriated to the state university of Iowa and allocated to 66 3 the college of medicine have been transferred to the 66 4 department of human services as a result of these supplemental 66 5 payments made to the qualifying hospital, the department shall 66 6 not, directly or indirectly, recoup these supplemental 66 7 payments made to a qualifying hospital for any reason, unless 66 8 an equivalent amount of the funds transferred to the 66 9 department of human services by the state university of Iowa 66 10 pursuant to this paragraph is transferred to the qualifying 66 11 hospital by the department. 66 12 Continuation of the supplemental disproportionate share and 66 13 supplemental indirect medical education adjustment shall 66 14 preserve the funds available to the university hospital for 66 15 medical and surgical treatment of indigent patients as 66 16 provided in chapter 255 and to the state university of Iowa 66 17 for educational purposes at the same level as provided by the 66 18 state funds initially appropriated for that purpose. 66 19 The department of human services shall, in any compilation 66 20 of data or other report distributed to the public concerning 66 21 payments to providers under the medical assistance program, 66 22 set forth reimbursements to a qualifying hospital through the 66 23 supplemental disproportionate share and supplemental indirect 66 24 medical education adjustment as a separate item and shall not 66 25 include such payments in the amounts otherwise reported as the 66 26 reimbursement to a qualifying hospital for services to medical 66 27 assistance recipients. 66 28 For purposes of this section, "supplemental payment" means 66 29 a supplemental payment amount paid for medical assistance to a 66 30 hospital qualifying for that payment under this section. 66 31 Sec. 88. For the fiscal year beginning July 1, 2004, and 66 32 ending June 30, 2005, the state board of regents may use 66 33 notes, bonds, or other evidences of indebtedness issued under 66 34 section 262.48 to finance projects that will result in energy 66 35 cost savings in an amount that will cause the state board to 67 1 recover the cost of the projects within an average of six 67 2 years. 67 3 Sec. 89. Notwithstanding section 270.7, the department of 67 4 administrative services shall pay the state school for the 67 5 deaf and the Iowa braille and sight saving school the moneys 67 6 collected from the counties during the fiscal year beginning 67 7 July 1, 2004, for expenses relating to prescription drug costs 67 8 for students attending the state school for the deaf and the 67 9 Iowa braille and sight saving school. 67 10 Sec. 90. Section 256.44, subsection 7, Code 2003, is 67 11 amended to read as follows: 67 12 7. The department shall prorate the amount of the annual 67 13 awards paid in accordance with this section when the number of 67 14 award recipients exceeds one thousand one hundred individuals. 67 15 The department may prorate the amount of an annual award when 67 16 a teacher who meets the qualifications of subsection 1 is 67 17 employed on a less than full-time basis by a school district. 67 18 The state board shall adopt rules under chapter 17A 67 19 establishing criteria for the proration of annual awards. 67 20 Sec. 91. Section 261.19, subsection 2, Code 2003, is 67 21 amended to read as follows: 67 22 2. a. Notwithstanding the administration provisions of 67 23 subsection 1, the forgivable loan program established pursuant 67 24 to subsection 1 shall be administered by the commission in 67 25 conjunction with Des Moines university. Des Moines university 67 26 shall match on an equal basis state aid appropriated for 67 27 purposes of the forgivable loan program. 67 28 b. Des Moines university shall provide recommendations to 67 29 the commission for students who meet the eligibility 67 30 requirements of the forgivable loan program. A forgivable 67 31 loan may be awarded to a resident of Iowa who is enrolled at 67 32 Des Moines university – osteopathic medical center if the 67 33 student agrees to practice in this state for a period of time 67 34 to be determined by the commission at the time the loan is 67 35 awarded. Forgivable loans to eligible students shall not 68 1 become due until after the student completes a residency 68 2 program. Interest on the loans shall begin to accrue the day 68 3 following the student's graduation date. If the student 68 4 completes the period of practice established by the commission 68 5 and agreed to by the student, the loan amount shall be 68 6 forgiven. The loan amount shall not be forgiven if the 68 7 osteopathic physician fails to complete the required time 68 8 period of practice in this state or fails to satisfactorily 68 9 continue in the university's program of medical education. 68 10 Sec. 92. Section 257B.1B, subsection 1, Code 2003, is 68 11 amended to read as follows: 68 12 1. Fifty-five percent of the moneys deposited in the fund 68 13 to the department of education for allocation to the reading 68 14 recovery center to assist school districts in developing 68 15 reading recovery programs.From the moneys allocated in this68 16subsection, one hundred thousand dollars shall be distributed68 17to the reading recovery center, and the remaining balance68 18shall be distributed to the area education agencies in the68 19proportion that the number of children who are eligible for68 20free or reduced price meals under the federal National School68 21Lunch Act and the federal Child Nutrition Act of 1966, 4268 22U.S.C. } 1751–1785, in the basic enrollment of grades one68 23through six in the area served by an agency, bears to the sum68 24of the number of children who are eligible for free or reduced68 25price meals under the federal National School Lunch Act and68 26the federal Child Nutrition Act of 1966, 42 U.S.C. }68 271751–1785, in the basic enrollments of grades one through six68 28in all of the areas served by area education agencies in the68 29state for the budget year.68 30 Sec. 93. Section 261.25, subsections 1, 2, and 3, Code 68 31 Supplement 2003, are amended to read as follows: 68 32 1. There is appropriated from the general fund of the 68 33 state to the commission for each fiscal year the sum offorty-68 34sixforty-seven millionfourone hundredseventeenfifty-seven 68 35 thousandninefive hundredsixty-fourfifteen dollars for 69 1 tuition grants. From the funds appropriated in this 69 2 subsection, not more than three million four hundred thousand 69 3 dollars may be distributed to private institutions whose 69 4 income is not exempt from taxation under section 501(c) of the 69 5 Internal Revenue Code and whose students were eligible to 69 6 receive Iowa tuition grant moneys in the fiscal year beginning 69 7 July 1, 2003. 69 8 2. There is appropriated from the general fund of the 69 9 state to the commission for each fiscal year the sum of four 69 10 hundredseventy-sevensixty-five thousand one hundredthree69 11 seventy-five dollars for scholarships. 69 12 3. There is appropriated from the general fund of the 69 13 state to the commission for each fiscal year the sum of two 69 14 millionthreefive hundredseventy-fivethirty-three thousand 69 15sixone hundredfifty-sevenfifteen dollars for vocational- 69 16 technical tuition grants. 69 17 Sec. 94. Section 279.20, Code 2003, is amended to read as 69 18 follows: 69 19 279.20 SUPERINTENDENT – TERM. 69 20 1. The board of directors of a school district may employ 69 21 a superintendent of schools for a term of not to exceed three 69 22 years. However, the board's initial contract with a 69 23 superintendent shall not exceed one year if the board is 69 24 obligated to pay a former superintendent under an unexpired 69 25 contract. The superintendent shall be the executive officer 69 26 of the board and have such powers and duties as may be 69 27 prescribed by rules adopted by the board or by law. Boards of 69 28 directors may jointly exercise the powers conferred by this 69 29 section. 69 30 2. The board of directors of a school district may 69 31 delegate the authority to hire support personnel and sign the 69 32 support personnel employment contracts, if applicable, if the 69 33 board adopts a policy authorizing the superintendent to 69 34 perform such duties and specifying the positions the 69 35 superintendent is authorized to fill. For purposes of this 70 1 subsection, the term "support personnel" includes, but is not 70 2 limited to, bus drivers, custodians, educational associates, 70 3 and clerical and food service employees. 70 4 Sec. 95. Section 284.10, subsection 3, Code Supplement 70 5 2003, is amended by striking the subsection. 70 6 Sec. 96. Section 284.10, subsection 6, Code Supplement 70 7 2003, is amended to read as follows: 70 8 6. By July 1,20052006, the director shall develop and 70 9 implement an evaluator training certification renewal program 70 10 for administrators and other practitioners who need to renew a 70 11 certificate issued pursuant to this section. 70 12 Sec. 97. Section 284.13, subsection 1, paragraphs b, c, d, 70 13 and e, Code Supplement 2003, are amended to read as follows: 70 14 b. For the fiscal year beginning July 1,20032004, and 70 15 ending June 30,20042005, to the department of education, the 70 16 amount ofsevenone million one hundred thousand dollars for 70 17 the issuance of national board certification awards in 70 18 accordance with section 256.44. 70 19 c. For the fiscal year beginning July 1,20032004, and 70 20 succeeding fiscal years, an amount up tofourthree million 70 21twofive hundred thousand dollars for first-year and second- 70 22 year beginning teachers, to the department of education for 70 23 distribution to school districts for purposes of the beginning 70 24 teacher mentoring and induction programs. A school district 70 25 shall receive one thousand three hundred dollars per beginning 70 26 teacher participating in the program. If the funds 70 27 appropriated for the program are insufficient to pay mentors 70 28 and school districts as provided in this paragraph, the 70 29 department shall prorate the amount distributed to school 70 30 districts based upon the amount appropriated. Moneys received 70 31 by a school district pursuant to this paragraph shall be 70 32 expended to provide each mentor with an award of five hundred 70 33 dollars per semester, at a minimum, for participation in the 70 34 school district's beginning teacher mentoring and induction 70 35 program; to implement the plan; and to pay any applicable 71 1 costs of the employer's share of contributions to federal 71 2 social security and the Iowa public employees' retirement 71 3 system or a pension and annuity retirement system established 71 4 under chapter 294, for such amounts paid by the district. 71 5 d. For the fiscal year beginning July 1, 2003, and ending 71 6 June 30, 2004, up to one million dollars to the department of 71 7 education for purposes ofestablishingmaintaining the 71 8 evaluator training program, including but not limited to an71 9evaluation process; the training of providers; development of71 10a provider approval process; training materials and costs; for71 11payment to practitioners under section 284.10, subsection 3,71 12and to pay any applicable costs of the employer's share of71 13contributions to federal social security and the Iowa public71 14employees' retirement system or a pension and annuity71 15retirement system established under chapter 294, for such71 16amounts paid by the district; and for subsidies to school71 17districts for training costs. A portion of the funds 71 18 allocated to the department for purposes of this paragraph may 71 19 be used by the department for administrative purposes. 71 20 Notwithstanding section 8.33, from the moneys allocated under 71 21 this paragraph for the fiscal year beginning July 1, 2003, 71 22 that remain unobligated or unexpended at the end of the fiscal 71 23 year, three hundred thousand dollars shall not revert but 71 24 shall remain available for expenditure to maintain the 71 25 evaluator training program, and up to five hundred thousand 71 26 dollars shall remain available to supplement moneys allocated 71 27 pursuant to paragraph "f" of this subsection. 71 28 e. For the fiscal year beginning July 1,20032004, and 71 29 ending June 30,20042005, up tothreetwo hundredseventy-71 30fivefifty thousand dollars to the department of education for 71 31 purposes of implementing the career development program 71 32 requirements of section 284.6, and the review panel 71 33 requirements of section 284.9. From the moneys allocated to 71 34 the department pursuant to this paragraph, not less than 71 35 seventy-five thousand dollars shall be used to administer the 72 1 ambassador to education position in accordance with section 72 2 256.45. A portion of the funds allocated to the department 72 3 for purposes of this paragraph may be used by the department 72 4 for administrative purposes. Notwithstanding section 8.33, 72 5 moneys allocated for purposes of this paragraph prior to July 72 6 1, 2004, which remain unobligated or unexpended at the end of 72 7 the fiscal year for which the moneys were appropriated, shall 72 8 remain available for expenditure for the purposes for which 72 9 they were allocated, for the fiscal year beginning July 1, 72 10 2004, and ending June 30, 2005. 72 11 Sec. 98. Section 284.13, subsection 1, Code Supplement 72 12 2003, is amended by adding the following new paragraph: 72 13 NEW PARAGRAPH. i. For the fiscal year beginning July 1, 72 14 2004, and ending June 30, 2005, moneys made available for the 72 15 purposes of implementing paragraphs "d" and "e" may be 72 16 allocated in the amounts, as determined by the department, 72 17 needed to implement the purposes of paragraphs "d" and "e". 72 18 Sec. 99. Section 294A.22, Code Supplement 2003, is amended 72 19 by adding the following new unnumbered paragraph: 72 20 NEW UNNUMBERED PARAGRAPH. If funds appropriated are 72 21 insufficient to pay phase II allocations in full, the 72 22 department of administrative services shall prorate payments 72 23 to school districts and area education agencies. 72 24 Sec. 100. EFFECTIVE DATES. 72 25 1. The provisions of this division of this Act providing 72 26 for supplemental aid for the Iowa public broadcasting division 72 27 and amending section 284.13, subsection 1, paragraphs "d" and 72 28 "e", relating to moneys carried over to the 2004-2005 fiscal 72 29 year, being deemed of immediate importance, take effect upon 72 30 enactment. 72 31 2. The section of this division of this Act, relating to a 72 32 waiver for whole-grade sharing agreement deadlines, being 72 33 deemed of immediate importance, takes effect upon enactment 72 34 and applies from the date of enactment to June 30, 2004. 72 35 DIVISION V 73 1 HEALTH AND HUMAN SERVICES 73 2 ELDER AFFAIRS 73 3 Sec. 101. DEPARTMENT OF ELDER AFFAIRS. There is 73 4 appropriated from the general fund of the state to the 73 5 department of elder affairs for the fiscal year beginning July 73 6 1, 2004, and ending June 30, 2005, the following amount, or so 73 7 much thereof as is necessary, to be used for the purposes 73 8 designated: 73 9 For aging programs for the department of elder affairs and 73 10 area agencies on aging to provide citizens of Iowa who are 60 73 11 years of age and older with case management for the frail 73 12 elderly, the retired and senior volunteer program, resident 73 13 advocate committee coordination, employment, and other 73 14 services which may include, but are not limited to, adult day 73 15 services, respite care, chore services, telephone reassurance, 73 16 information and assistance, and home repair services, 73 17 including the winterizing of homes, and for the construction 73 18 of entrance ramps which make residences accessible to the 73 19 physically handicapped, and for salaries, support, 73 20 administration, maintenance, miscellaneous purposes, and for 73 21 not more than the following full-time equivalent positions 73 22 with the department of elder affairs: 73 23 .................................................. $ 2,625,146 73 24 ............................................... FTEs 26.75 73 25 1. Funds appropriated in this section may be used to 73 26 supplement federal funds under federal regulations. To 73 27 receive funds appropriated in this section, a local area 73 28 agency on aging shall match the funds with moneys from other 73 29 sources according to rules adopted by the department. Funds 73 30 appropriated in this section may be used for elderly services 73 31 not specifically enumerated in this section only if approved 73 32 by an area agency on aging for provision of the service within 73 33 the area. 73 34 2. Of the funds allocated in this section and any other 73 35 state funds allocated for aging programs of the area agencies 74 1 on aging not more than 7.5 percent of the total amount 74 2 allocated shall be used for area agencies on aging 74 3 administrative purposes. 74 4 3. Of the funds appropriated in this section, $49,000 74 5 shall be used, in addition to any other funds appropriated in 74 6 this Act, for provision of training to resident advocate 74 7 committees for elder group homes, as defined in section 74 8 231B.1, and licensed health care facilities as defined in 74 9 section 135C.1. 74 10 4. It is the intent of the general assembly that the Iowa 74 11 chapters of the Alzheimer's association and the case 74 12 management program for the frail elderly shall collaborate and 74 13 cooperate fully to assist families in maintaining family 74 14 members with Alzheimer's disease in the community for the 74 15 longest period of time possible. 74 16 5. The department shall maintain policies and procedures 74 17 regarding Alzheimer's support and the retired and senior 74 18 volunteer program. 74 19 HEALTH 74 20 Sec. 102. DEPARTMENT OF PUBLIC HEALTH. There is 74 21 appropriated from the general fund of the state to the Iowa 74 22 department of public health for the fiscal year beginning July 74 23 1, 2004, and ending June 30, 2005, the following amounts, or 74 24 so much thereof as is necessary, to be used for the purposes 74 25 designated: 74 26 1. ADDICTIVE DISORDERS 74 27 For reducing the prevalence of use of tobacco, alcohol, and 74 28 other drugs, and treating individuals affected by addictive 74 29 behaviors, including gambling, and for not more than the 74 30 following full-time equivalent positions: 74 31 .................................................. $ 1,267,111 74 32 ............................................... FTEs 15.75 74 33 a. The department shall continue to coordinate with 74 34 substance abuse treatment and prevention providers regardless 74 35 of funding source to assure the delivery of substance abuse 75 1 treatment and prevention programs. 75 2 b. The commission on substance abuse, in conjunction with 75 3 the department, shall continue to coordinate the delivery of 75 4 substance abuse services involving prevention, social and 75 5 medical detoxification, and other treatment by medical and 75 6 nonmedical providers to uninsured and court-ordered substance 75 7 abuse patients in all counties of the state. 75 8 c. The department and any grantee or subgrantee of the 75 9 department shall not discriminate against a nongovernmental 75 10 organization that provides substance abuse treatment and 75 11 prevention services or applies for funding to provide those 75 12 services on the basis that the organization has a religious 75 13 character. The department shall report to the governor and 75 14 the general assembly on or before February 1, 2005, regarding 75 15 the number of religious or other nongovernmental organizations 75 16 that applied for funds in the preceding fiscal year, the 75 17 amounts awarded to those organizations, and the basis for any 75 18 refusal by the department or grantee or subgrantee of the 75 19 department to award funds to any of those organizations that 75 20 applied. 75 21 2. ADULT WELLNESS 75 22 For maintaining or improving the health status of adults, 75 23 with target populations between the ages of 18 through 60, and 75 24 for not more than the following full-time equivalent 75 25 positions: 75 26 .................................................. $ 304,067 75 27 ............................................... FTEs 20.85 75 28 3. CHILD AND ADOLESCENT WELLNESS 75 29 For promoting the optimum health status for children and 75 30 adolescents from birth through 21 years of age, and for not 75 31 more than the following full-time equivalent positions: 75 32 .................................................. $ 915,803 75 33 ............................................... FTEs 44.10 75 34 4. CHRONIC CONDITIONS 75 35 For serving individuals identified as having chronic 76 1 conditions or special health care needs, and for not more than 76 2 the following full-time equivalent positions: 76 3 .................................................. $ 845,863 76 4 ............................................... FTEs 10.00 76 5 5. COMMUNITY CAPACITY 76 6 For strengthening the health care delivery system at the 76 7 local level, and for not more than the following full-time 76 8 equivalent positions: 76 9 .................................................. $ 1,267,359 76 10 ............................................... FTEs 21.60 76 11 Of the funds appropriated in this subsection, $100,000 is 76 12 allocated for a child vision screening program implemented 76 13 through the university of Iowa hospitals and clinics in 76 14 collaboration with community empowerment areas. 76 15 6. ELDERLY WELLNESS 76 16 For optimizing the health of persons 60 years of age and 76 17 older, and for not more than the following full-time 76 18 equivalent positions: 76 19 .................................................. $ 9,233,985 76 20 ............................................... FTEs 4.95 76 21 The department shall implement elderly wellness services in 76 22 a manner that ensures that the services provided are not 76 23 payable by a third-party source. The department shall submit 76 24 a report by December 1, 2004, to the persons in this division 76 25 of this Act designated to receive reports regarding the 76 26 provision of services and expenditures for the services. 76 27 7. ENVIRONMENTAL HAZARDS 76 28 For reducing the public's exposure to hazards in the 76 29 environment, primarily chemical hazards, and for not more than 76 30 the following full-time equivalent positions: 76 31 .................................................. $ 251,808 76 32 ............................................... FTEs 8.30 76 33 8. INFECTIOUS DISEASES 76 34 For reducing the incidence and prevalence of communicable 76 35 diseases, and for not more than the following full-time 77 1 equivalent positions: 77 2 .................................................. $ 1,079,703 77 3 ............................................... FTEs 38.25 77 4 9. INJURIES 77 5 For providing support and protection to victims of abuse or 77 6 injury, or programs that are designed to prevent abuse or 77 7 injury, and for not more than the following full-time 77 8 equivalent positions: 77 9 .................................................. $ 1,379,358 77 10 ............................................... FTEs 9.10 77 11 Of the funds appropriated in this subsection, $660,000 77 12 shall be credited to the emergency medical services fund 77 13 created in section 135.25. 77 14 10. PUBLIC PROTECTION 77 15 For protecting the health and safety of the public through 77 16 establishing standards and enforcing regulations, and for not 77 17 more than the following full-time equivalent positions: 77 18 .................................................. $ 6,598,873 77 19 ............................................... FTEs 158.05 77 20 a. The department may expend funds received from licensing 77 21 fees in addition to amounts appropriated in this subsection, 77 22 if those additional expenditures are directly the result of 77 23 any unanticipated litigation or scope of practice review 77 24 committee expense. Before the department expends or encumbers 77 25 funds for a scope of practice review committee or for an 77 26 amount in excess of the funds budgeted for an examining board, 77 27 the director of the department of management shall approve the 77 28 expenditure or encumbrance. The amounts necessary to fund any 77 29 unanticipated litigation or scope of practice review committee 77 30 expense in the fiscal year beginning July 1, 2004, shall not 77 31 exceed 5 percent of the average annual fees generated by the 77 32 boards for the previous two fiscal years. The funds 77 33 authorized for expenditure pursuant to this lettered paragraph 77 34 are appropriated to the department for the purposes described 77 35 in this paragraph. 78 1 b. For the fiscal year beginning July 1, 2004, the 78 2 department shall retain fees collected from the certification 78 3 of lead inspectors and lead abaters pursuant to section 78 4 135.105A to support the certification program; and shall 78 5 retain fees collected from the licensing, registration, 78 6 authorization, accreditation, and inspection of x-ray machines 78 7 used for mammographically guided breast biopsy, screening, and 78 8 diagnostic mammography, pursuant to section 136C.10 to support 78 9 the administration of the chapter. The department may also 78 10 retain fees collected pursuant to section 136C.10 on all 78 11 shippers of radioactive material waste containers transported 78 12 across Iowa if the department does not obtain funding to 78 13 support the oversight and regulation of this activity, and for 78 14 x-ray radiology examination fees collected by the department 78 15 and reimbursed to a private organization conducting the 78 16 examination. Fees retained by the department pursuant to this 78 17 lettered paragraph are appropriated to the department for the 78 18 purposes described in this lettered paragraph. 78 19 c. The department may retain and expend not more than 78 20 $297,961 for lease and maintenance expenses from fees 78 21 collected pursuant to section 147.80 by the board of dental 78 22 examiners, the board of pharmacy examiners, the board of 78 23 medical examiners, and the board of nursing in the fiscal year 78 24 beginning July 1, 2004, and ending June 30, 2005. Fees 78 25 retained by the department pursuant to this lettered paragraph 78 26 are appropriated to the department for the purposes described 78 27 in this lettered paragraph. 78 28 d. The department may retain and expend not more than 78 29 $100,000 for reduction of the number of days necessary to 78 30 process medical license requests and for reduction of the 78 31 number of days needed for consideration of malpractice cases 78 32 from fees collected pursuant to section 147.80 by the board of 78 33 medical examiners in the fiscal year beginning July 1, 2004, 78 34 and ending June 30, 2005. Fees retained by the department 78 35 pursuant to this lettered paragraph are appropriated to the 79 1 department for the purposes described in this lettered 79 2 paragraph. 79 3 e. The board of dental examiners may retain and expend not 79 4 more than $148,060 from revenues generated pursuant to section 79 5 147.80. Fees retained by the board pursuant to this lettered 79 6 paragraph are appropriated to the department to be used for 79 7 the purposes of regulating dental assistants. 79 8 f. The board of medical examiners, the board of pharmacy 79 9 examiners, the board of dental examiners, and the board of 79 10 nursing shall prepare estimates of projected receipts to be 79 11 generated by the licensing, certification, and examination 79 12 fees of each board as well as a projection of the fairly 79 13 apportioned administrative costs and rental expenses 79 14 attributable to each board. Each board shall annually review 79 15 and adjust its schedule of fees so that, as nearly as 79 16 possible, projected receipts equal projected costs. 79 17 g. The board of medical examiners, the board of pharmacy 79 18 examiners, the board of dental examiners, and the board of 79 19 nursing shall retain their individual executive officers, but 79 20 are strongly encouraged to share administrative, clerical, and 79 21 investigative staffs to the greatest extent possible. The 79 22 department shall submit a status report regarding the sharing 79 23 of staff under this paragraph to the persons designated in 79 24 this division of this Act to receive reports by December 1, 79 25 2004. 79 26 h. For the fiscal year beginning July 1, 2004, the board 79 27 of nursing may retain and expend 90 percent of the revenues 79 28 generated from any increase in licensing fees pursuant to 79 29 section 147.80 for purposes related to the state board's 79 30 duties, including but not limited to the addition of full-time 79 31 equivalent positions for program services and investigations. 79 32 Fees retained by the board pursuant to this lettered paragraph 79 33 are appropriated to the board of nursing for the purposes 79 34 described in this paragraph. 79 35 i. For the fiscal year beginning July 1, 2004, and ending 80 1 June 30, 2005, the board of pharmacy examiners may retain and 80 2 expend 90 percent of the revenues generated from any increase 80 3 after July 1, 2004, in licensing fees pursuant to sections 80 4 124.301 and 147.80, and chapter 155A, for purposes related to 80 5 the state board's duties, including but not limited to the 80 6 addition of full-time equivalent positions. Fees retained by 80 7 the board pursuant to this lettered paragraph are appropriated 80 8 to the board of pharmacy examiners for the purposes described 80 9 in this lettered paragraph. 80 10 11. RESOURCE MANAGEMENT 80 11 For establishing and sustaining the overall ability of the 80 12 department to deliver services to the public, and for not more 80 13 than the following full-time equivalent positions: 80 14 .................................................. $ 680,707 80 15 ............................................... FTEs 47.30 80 16 12. The university of Iowa hospitals and clinics under the 80 17 control of the state board of regents shall not receive 80 18 indirect costs from the funds appropriated in this section. 80 19 13. A local health care provider or nonprofit health care 80 20 organization seeking grant moneys administered by the Iowa 80 21 department of public health shall provide documentation that 80 22 the provider or organization has coordinated its services with 80 23 other local entities providing similar services. 80 24 14. a. The department shall apply for available federal 80 25 funds for sexual abstinence education programs. 80 26 b. It is the intent of the general assembly to comply with 80 27 the United States Congress' intent to provide education that 80 28 promotes abstinence from sexual activity outside of marriage 80 29 and reduces pregnancies, by focusing efforts on those persons 80 30 most likely to father and bear children out of wedlock. 80 31 c. Any sexual abstinence education program awarded moneys 80 32 under the grant program shall meet the definition of 80 33 abstinence education in the federal law. Grantees shall be 80 34 evaluated based upon the extent to which the abstinence 80 35 program successfully communicates the goals set forth in the 81 1 federal law. 81 2 d. It is the intent of the general assembly that the Iowa 81 3 department of public health and the department of human 81 4 services shall coordinate programs regarding pregnancy 81 5 prevention to the greatest extent possible. 81 6 Sec. 103. GAMBLING TREATMENT FUND – APPROPRIATION. 81 7 1. There is appropriated from funds available in the 81 8 gambling treatment fund established in the office of the 81 9 treasurer of state to the Iowa department of public health for 81 10 the fiscal year beginning July 1, 2004, and ending June 30, 81 11 2005, the following amount, or so much thereof as is 81 12 necessary, to be used for the purpose designated: 81 13 a. Addictive disorders 81 14 To be utilized for the benefit of persons with addictions: 81 15 .................................................. $ 1,690,000 81 16 The appropriation made in this paragraph shall be made from 81 17 proceeds credited to the gambling treatment fund due to an 81 18 increase in the percentage of gambling proceeds credited to 81 19 the gambling treatment fund if any enactment of legislation by 81 20 the 2004 Eightieth General Assembly in the Regular or 81 21 Extraordinary Legislative Session increases the percentage of 81 22 gambling proceeds credited to the gambling treatment fund. 81 23 It is the intent of the general assembly that from the 81 24 moneys appropriated in this section, persons with a dual 81 25 diagnosis of substance abuse and gambling addictions shall be 81 26 given priority in treatment services. 81 27 b. Gambling treatment program 81 28 The funds in the gambling treatment fund after the 81 29 appropriation in paragraph "a" is made are appropriated and 81 30 shall be used for funding of administrative costs and to 81 31 provide programs which may include, but are not limited to, 81 32 outpatient and follow-up treatment for persons affected by 81 33 problem gambling, rehabilitation and residential treatment 81 34 programs, information and referral services, education and 81 35 preventive services, and financial management services. 82 1 2. Unless legislation enacted by the Eightieth General 82 2 Assembly in 2004 otherwise provides for the deposit of tax 82 3 revenue received by the state racing and gaming commission 82 4 pursuant to section 99D.15 in the gambling treatment fund, for 82 5 the fiscal year beginning July 1, 2004, and ending June 30, 82 6 2005, from the tax revenue received by the state racing and 82 7 gaming commission pursuant to section 99D.15, subsections 1, 82 8 3, and 4, an amount equal to three-tenths of one percent of 82 9 the gross sum wagered by the pari-mutuel method is to be 82 10 deposited into the gambling treatment fund. 82 11 Sec. 104. VITAL RECORDS. The vital records modernization 82 12 project as enacted in 1993 Iowa Acts, chapter 55, section 1, 82 13 as amended by 1994 Iowa Acts, chapter 1068, section 8, as 82 14 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa 82 15 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter 82 16 201, section 17, and as continued by 2000 Iowa Acts, chapter 82 17 1222, section 10, 2001 Iowa Acts, chapter 182, section 13, 82 18 2002 Iowa Acts, Second Extraordinary Session, chapter 1003, 82 19 section 104, and 2003 Iowa Acts, chapter 175, section 4, shall 82 20 be extended until June 30, 2005, and the increased fees to be 82 21 collected pursuant to that project shall continue to be 82 22 collected and are appropriated to the Iowa department of 82 23 public health until June 30, 2005. The department shall 82 24 submit a report to the persons designated by this Act to 82 25 receive reports no later than September 1, 2004, concerning 82 26 the status of the modernization project, the fees collected, 82 27 and a target date for the project's completion. 82 28 Sec. 105. SCOPE OF PRACTICE REVIEW PROJECT. The scope of 82 29 practice review committee pilot project as enacted in 1997 82 30 Iowa Acts, chapter 203, section 6, as continued by 2002 Iowa 82 31 Acts, Second Extraordinary Session, chapter 1003, section 107, 82 32 and 2003 Iowa Acts, chapter 175, section 5, shall be extended 82 33 until June 30, 2005. The Iowa department of public health 82 34 shall submit an annual progress report to the governor and the 82 35 general assembly by January 15 and shall include any 83 1 recommendations for legislative action as a result of review 83 2 committee activities. The department may contract with a 83 3 school or college of public health in Iowa to assist in 83 4 implementing the project. 83 5 Sec. 106. AIDS DRUG ASSISTANCE PROGRAM. The Iowa 83 6 department of public health and the department of human 83 7 services shall collaborate to identify funding within the 83 8 funds available for the fiscal year beginning July 1, 2004, to 83 9 use in leveraging the maximum amount of federal funding 83 10 through the federal Ryan White Care Act, Title II, AIDS drug 83 11 assistance program for AIDS drug assistance program 83 12 supplemental drug treatment grants. The Iowa department of 83 13 public health shall submit a report regarding the results of 83 14 this directive to the persons specified in this Act to receive 83 15 reports. 83 16 Sec. 107. TOBACCO USE PREVENTION AND CONTROL – 83 17 ADMINISTRATOR. The director of the Iowa department of public 83 18 health shall employ a division administrator for the division 83 19 of tobacco use prevention and control as a full-time 83 20 equivalent position with a salary commensurate with the full- 83 21 time position. 83 22 Sec. 108. LEGISLATIVE INTENT – THE STATE OF IOWA, A 83 23 HEALTHY COMMUNITY. 83 24 1. It is the intent of the general assembly that state 83 25 agencies, local communities, and individuals begin exploring 83 26 strategies and partnerships to create a statewide community 83 27 network that supports health promotion, prevention, and 83 28 chronic disease management. 83 29 2. It is the expectation of the general assembly that such 83 30 strategies and partnerships will energize local communities to 83 31 transform their cultures into those which promote healthy 83 32 lifestyles and which, collectively, transform the state of 83 33 Iowa into one healthy community. 83 34 COMMISSION OF VETERANS AFFAIRS 83 35 Sec. 109. COMMISSION OF VETERANS AFFAIRS. There is 84 1 appropriated from the general fund of the state to the 84 2 commission of veterans affairs for the fiscal year beginning 84 3 July 1, 2004, and ending June 30, 2005, the following amounts, 84 4 or so much thereof as is necessary, to be used for the 84 5 purposes designated: 84 6 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION 84 7 For salaries, support, maintenance, miscellaneous purposes, 84 8 including the war orphans educational aid fund established 84 9 pursuant to chapter 35, and for not more than the following 84 10 full-time equivalent positions: 84 11 .................................................. $ 293,971 84 12 ............................................... FTEs 4.00 84 13 Of the funds appropriated in this subsection, $100,000 84 14 shall be used by the commission to contract with the 84 15 department of elder affairs to utilize local veterans affairs 84 16 commissions and the retired senior volunteers program to 84 17 increase the utilization by eligible individuals of benefits 84 18 available through the federal department of veterans affairs. 84 19 The commission of veterans affairs may use the gifts 84 20 accepted by the chairperson of the commission of veterans 84 21 affairs, or designee, and other resources available to the 84 22 commission for use at its Camp Dodge office. The commission 84 23 shall report annually to the governor and the general assembly 84 24 on monetary gifts received by the commission for the Camp 84 25 Dodge office. 84 26 2. IOWA VETERANS HOME 84 27 For salaries, support, maintenance, miscellaneous purposes, 84 28 and for not more than the following full-time equivalent 84 29 positions: 84 30 .................................................. $ 16,189,139 84 31 ............................................... FTEs 843.50 84 32 a. The Iowa veterans home may use the gifts accepted by 84 33 the chairperson of the commission of veterans affairs and 84 34 other resources available to the commission for use at the 84 35 Iowa veterans home. 85 1 b. Any Iowa veterans home successor contractor shall not 85 2 consider employees of a state institution or facility to be 85 3 new employees for purposes of employee wages, health 85 4 insurance, or retirement benefits. 85 5 c. The chairpersons and ranking members of the joint 85 6 appropriations subcommittee on health and human services shall 85 7 be notified by January 15 of any calendar year during which a 85 8 request for proposals is anticipated to be issued regarding 85 9 any Iowa veterans home contract involving employment, for 85 10 purposes of providing legislative review and oversight. 85 11 d. The Iowa veterans home shall operate with a net state 85 12 general fund appropriation. The amount appropriated in this 85 13 subsection is the net amount of state moneys projected to be 85 14 needed for the Iowa veterans home. The purposes of operating 85 15 with a net state general fund appropriation are to encourage 85 16 the Iowa veterans home to operate with increased self- 85 17 sufficiency, to improve quality and efficiency, and to support 85 18 collaborative efforts among all funders of services available 85 19 from the Iowa veterans home. Moneys appropriated in this 85 20 subsection may be used throughout the fiscal year in the 85 21 manner necessary for purposes of cash flow management, and for 85 22 purposes of cash flow management the Iowa veterans home may 85 23 temporarily draw more than the amount appropriated, provided 85 24 the amount appropriated is not exceeded at the close of the 85 25 fiscal year. 85 26 e. Revenues attributable to the Iowa veterans home for the 85 27 fiscal year beginning July 1, 2004, shall be deposited into 85 28 the Iowa veterans home account and shall be treated as 85 29 repayment receipts, including but not limited to all of the 85 30 following: 85 31 (1) Federal veterans administration payments. 85 32 (2) Medical assistance revenue received under chapter 85 33 249A. 85 34 (3) Federal Medicare program payments. 85 35 (4) Moneys received from client financial participation. 86 1 (5) Other revenues generated from current, new, or 86 2 expanded services which the Iowa veterans home is authorized 86 3 to provide. 86 4 f. For the purposes of allocating the salary adjustment 86 5 fund moneys appropriated in another Act, the Iowa veterans 86 6 home shall be considered to be funded entirely with state 86 7 moneys. 86 8 g. Notwithstanding section 8.33, up to $500,000 of the 86 9 Iowa veterans home revenues that remain unencumbered or 86 10 unobligated at the close of the fiscal year shall not revert 86 11 but shall remain available to be used in the succeeding fiscal 86 12 year. 86 13 HUMAN SERVICES 86 14 Sec. 110. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 86 15 GRANT. There is appropriated from the fund created in section 86 16 8.41 to the department of human services for the fiscal year 86 17 beginning July 1, 2004, and ending June 30, 2005, from moneys 86 18 received under the federal temporary assistance for needy 86 19 families (TANF) block grant pursuant to the federal Personal 86 20 Responsibility and Work Opportunity Reconciliation Act of 86 21 1996, Pub. L. No. 104-193, and successor legislation, which 86 22 are federally appropriated for the federal fiscal years 86 23 beginning October 1, 2003, and ending September 30, 2004, and 86 24 beginning October 1, 2004, and ending September 30, 2005, the 86 25 following amounts, or so much thereof as is necessary, to be 86 26 used for the purposes designated: 86 27 If the total amount of federal government appropriations 86 28 received for Iowa's portion of the TANF block grant amounts 86 29 for the federal fiscal years beginning October 1, 2003, and 86 30 ending September 30, 2004, and beginning October 1, 2004, and 86 31 ending September 30, 2005, is less than $131,524,959, it is 86 32 the intent of the general assembly to act expeditiously during 86 33 the 2005 legislative session to adjust appropriations or take 86 34 other actions to address the reduced amount. Moneys 86 35 appropriated in this section shall be used in accordance with 87 1 the federal law making the funds available, applicable Iowa 87 2 law, appropriations made from the general fund of the state in 87 3 this Act for the purpose designated, and administrative rules 87 4 adopted to implement the federal and Iowa law: 87 5 1. To be credited to the family investment program account 87 6 and used for assistance under the family investment program 87 7 under chapter 239B: 87 8 .................................................. $ 45,277,569 87 9 2. To be credited to the family investment program account 87 10 and used for the job opportunities and basic skills (JOBS) 87 11 program, and implementing family investment agreements, in 87 12 accordance with chapter 239B: 87 13 .................................................. $ 13,412,794 87 14 3. For field operations: 87 15 .................................................. $ 16,280,254 87 16 4. For general administration: 87 17 .................................................. $ 3,660,030 87 18 5. For local administrative costs: 87 19 .................................................. $ 2,136,565 87 20 6. For state child care assistance: 87 21 .................................................. $ 18,073,746 87 22 a. Of the funds appropriated in this subsection, $200,000 87 23 shall be used for provision of educational opportunities to 87 24 registered child care home providers in order to improve 87 25 services and programs offered by this category of providers 87 26 and to increase the number of providers. The department may 87 27 contract with institutions of higher education or child care 87 28 resource and referral centers to provide the educational 87 29 opportunities. Allowable administrative costs under the 87 30 contracts shall not exceed 5 percent. The application for a 87 31 grant shall not exceed two pages in length. 87 32 b. Of the funds appropriated in this subsection, the 87 33 maximum amount allowed under Pub. L. No. 104-193 and successor 87 34 legislation shall be transferred to the child care and 87 35 development block grant appropriation. Funds appropriated in 88 1 this subsection that remain following the transfer shall be 88 2 used to provide direct spending for the child care needs of 88 3 working parents in families eligible for the family investment 88 4 program. 88 5 7. For mental health and developmental disabilities 88 6 community services: 88 7 .................................................. $ 4,500,610 88 8 8. For child and family services: 88 9 .................................................. $ 33,475,728 88 10 9. For child abuse prevention grants: 88 11 .................................................. $ 250,000 88 12 10. For pregnancy prevention grants on the condition that 88 13 family planning services are funded: 88 14 .................................................. $ 2,514,413 88 15 a. If the department receives approval of a waiver from 88 16 the centers for Medicare and Medicaid services of the United 88 17 States department of health and human services to provide 88 18 family planning services, of the amount appropriated in this 88 19 subsection, $533,580 shall be transferred to the appropriation 88 20 in this Act for child and family services. 88 21 b. Pregnancy prevention grants shall be awarded to 88 22 programs in existence on or before July 1, 2004, if the 88 23 programs are comprehensive in scope and have demonstrated 88 24 positive outcomes. Grants shall be awarded to pregnancy 88 25 prevention programs which are developed after July 1, 2004, if 88 26 the programs are comprehensive in scope and are based on 88 27 existing models that have demonstrated positive outcomes. 88 28 Grants shall comply with the requirements provided in 1997 88 29 Iowa Acts, chapter 208, section 14, subsections 1 and 2, 88 30 including the requirement that grant programs must emphasize 88 31 sexual abstinence. Priority in the awarding of grants shall 88 32 be given to programs that serve areas of the state which 88 33 demonstrate the highest percentage of unplanned pregnancies of 88 34 females age 13 or older but younger than age 18 within the 88 35 geographic area to be served by the grant. 89 1 c. In addition to the full-time equivalent positions 89 2 funded in this Act, the department may use a portion of the 89 3 funds appropriated in this subsection to employ up to an 89 4 additional 1.00 FTE for the administration of programs 89 5 specified in this subsection. 89 6 11. For technology needs and other resources necessary to 89 7 meet federal welfare reform reporting, tracking, and case 89 8 management requirements: 89 9 .................................................. $ 1,037,186 89 10 12. For the healthy opportunities for parents to 89 11 experience success (HOPES) program administered by the Iowa 89 12 department of public health to target child abuse prevention: 89 13 .................................................. $ 200,000 89 14 13. To be credited to the state child care assistance 89 15 appropriation made in this section to be used for funding of 89 16 community-based early childhood programs targeted to children 89 17 from birth through five years of age, developed by community 89 18 empowerment areas as provided in this subsection: 89 19 .................................................. $ 7,350,000 89 20 a. The department may transfer TANF block grant funding 89 21 appropriated and allocated in this subsection to the child 89 22 care and development block grant appropriation in accordance 89 23 with federal law as necessary to comply with the provisions of 89 24 this subsection. The funding shall then be provided to 89 25 community empowerment areas for the fiscal year beginning July 89 26 1, 2004, in accordance with all of the following: 89 27 (1) The area must be approved as a designated community 89 28 empowerment area by the Iowa empowerment board. 89 29 (2) The maximum funding amount a community empowerment 89 30 area is eligible to receive shall be determined by applying 89 31 the area's percentage of the state's average monthly family 89 32 investment program population in the preceding fiscal year to 89 33 the total amount appropriated for fiscal year 2004-2005 from 89 34 the TANF block grant to fund community-based programs targeted 89 35 to children from birth through five years of age developed by 90 1 community empowerment areas. 90 2 (3) A community empowerment area receiving funding shall 90 3 comply with any federal reporting requirements associated with 90 4 the use of that funding and other results and reporting 90 5 requirements established by the Iowa empowerment board. The 90 6 department shall provide technical assistance in identifying 90 7 and meeting the federal requirements. 90 8 (4) The availability of funding provided under this 90 9 subsection is subject to changes in federal requirements and 90 10 amendments to Iowa law. 90 11 b. The moneys distributed in accordance with this 90 12 subsection shall be used by communities for the purposes of 90 13 enhancing quality child care capacity in support of parent 90 14 capability to obtain or retain employment. The moneys shall 90 15 be used with a primary emphasis on low-income families and 90 16 children from birth to five years of age. Moneys shall be 90 17 provided in a flexible manner to communities, and shall be 90 18 used to implement strategies identified by the communities to 90 19 achieve such purposes. In addition to the full-time 90 20 equivalent positions authorized in this division of this Act, 90 21 1.00 FTE position is authorized and the department may use 90 22 funding appropriated in this subsection for provision of 90 23 technical assistance and other support to communities 90 24 developing and implementing strategies with moneys distributed 90 25 in accordance with this subsection. 90 26 c. Moneys that are subject to this subsection which are 90 27 not distributed to a community empowerment area or otherwise 90 28 remain unobligated or unexpended at the end of the fiscal year 90 29 shall revert to the fund created in section 8.41 to be 90 30 available for appropriation by the general assembly in a 90 31 subsequent fiscal year. 90 32 14. For a pilot program to be established in a judicial 90 33 district, selected by the department and the judicial council, 90 34 to provide employment and support services to delinquent child 90 35 support obligors as an alternative to commitment to jail as 91 1 punishment for contempt of court: 91 2 .................................................. $ 200,000 91 3 Of the amounts appropriated in this section, $11,904,734 91 4 for the fiscal year beginning July 1, 2004, shall be 91 5 transferred to the appropriation of the federal social 91 6 services block grant for that fiscal year. If the federal 91 7 government revises requirements to reduce the amount that may 91 8 be transferred to the federal social services block grant, it 91 9 is the intent of the general assembly to act expeditiously 91 10 during the 2005 legislative session to adjust appropriations 91 11 or the transfer amount or take other actions to address the 91 12 reduced amount. 91 13 Eligible funding available under the TANF block grant that 91 14 is not appropriated or not otherwise expended shall be 91 15 considered reserved for economic downturns and welfare reform 91 16 purposes and is subject to further state appropriation to 91 17 support families in their movement toward self-sufficiency. 91 18 Federal funding received that is designated for activities 91 19 supporting marriage or two-parent families is appropriated to 91 20 the Iowa marriage initiative grant fund created in section 91 21 234.45. 91 22 Sec. 111. IOWA MARRIAGE INITIATIVE GRANT FUND. 91 23 1. Moneys credited to the Iowa marriage initiative grant 91 24 fund under 2003 Iowa Acts, chapter 175, section 7, subsection 91 25 15, and any other moneys credited to the fund are appropriated 91 26 to the department for the fiscal year beginning July 1, 2004, 91 27 and ending June 30, 2005, to be used in accordance with this 91 28 section. 91 29 2. The department shall establish an Iowa fatherhood and 91 30 family initiative grant program utilizing funds credited to 91 31 the Iowa marriage initiative grant fund created in section 91 32 234.45 to fund services to support fatherhood and to encourage 91 33 the formation and maintenance of two-parent families that are 91 34 secure and nurturing. The department of human services shall 91 35 adopt rules pursuant to chapter 17A to administer the grant 92 1 fund and to establish procedures for awarding of grants. 92 2 3. The program shall require that a grantee be a nonprofit 92 3 organization incorporated in this state with demonstrated 92 4 successful experience in facilitating fatherhood promotion 92 5 activities, marriage and family promotion activities, in using 92 6 media resources to promote fatherhood and marriage and family 92 7 formation, in making presentations to service or faith-based 92 8 organizations, and in raising private funding for activities 92 9 that support fatherhood, marriage, and families. 92 10 4. Preference in awarding grants may be given to those 92 11 nonprofit organizations working with faith-based groups and 92 12 those groups targeting young fathers. 92 13 5. The program activities funded by a grant shall include 92 14 but are not limited to all of the following: 92 15 a. Working with individuals who have a demonstrated 92 16 ability in working with at-risk fathers or working with those 92 17 who may solemnize marriages pursuant to section 595.10 to 92 18 utilize premarital diagnostic tools, to implement marriage 92 19 agreements developed by the individuals who may solemnize 92 20 marriages pursuant to section 595.10 that provide for an 92 21 appropriate engagement period and premarital and post marital 92 22 counseling, and to use volunteer mentors in program 92 23 activities. 92 24 b. Provision of a series of meetings sharing best 92 25 practices that encourage young fathers to fulfill their 92 26 responsibilities to the expectant mother of the child during 92 27 the pregnancy, and to the mother of the child following the 92 28 birth of the child, that promote happy and healthy marriages, 92 29 and that offer counseling to determine the father's level of 92 30 commitment to the child and the child's mother. 92 31 6. The program activities funded by a grant shall be 92 32 privately funded at no less than fifty percent of the grant 92 33 amount. 92 34 7. Grants shall be awarded in a manner that results in 92 35 provision of services throughout the state in an equal number 93 1 of urban and rural geographic areas. 93 2 8. The department shall implement the grant program so 93 3 that the initial request for proposals is issued on or before 93 4 October 1, 2004, and so that any grants are awarded on or 93 5 before January 1, 2005. 93 6 9. A grantee shall submit a quarterly financial report to 93 7 the department and to the legislative services agency and 93 8 shall be subject to an annual independent evaluation to assess 93 9 accomplishment of the purposes of the program. 93 10 10. The department shall provide a copy of the request for 93 11 proposals and shall submit a report concerning the proposals 93 12 received and grants awarded to those persons designated by 93 13 this division of this Act to receive reports. 93 14 11. The department may adopt emergency rules to implement 93 15 the provisions of this section. 93 16 Sec. 112. FAMILY INVESTMENT PROGRAM ACCOUNT. 93 17 1. Moneys credited to the family investment program (FIP) 93 18 account for the fiscal year beginning July 1, 2004, and ending 93 19 June 30, 2005, shall be used in accordance with the following 93 20 requirements: 93 21 a. The department of human services shall provide 93 22 assistance in accordance with chapter 239B. 93 23 b. The department shall continue the special needs program 93 24 under FIP. 93 25 c. The department shall continue to comply with federal 93 26 welfare reform data requirements pursuant to the 93 27 appropriations made for that purpose. 93 28 2. The department may use a portion of the moneys credited 93 29 to the FIP account under this section, as necessary for 93 30 salaries, support, maintenance, and miscellaneous purposes for 93 31 not more than the following full-time equivalent positions 93 32 which are in addition to any other full-time equivalent 93 33 positions authorized by this division of this Act: 93 34 ............................................... FTEs 9.98 93 35 3. The department may transfer funds in accordance with 94 1 section 8.39, either federal or state, to or from the child 94 2 care appropriations made for the fiscal year beginning July 1, 94 3 2004, if the department deems this would be a more effective 94 4 method of paying for JOBS program child care, to maximize 94 5 federal funding, or to meet federal maintenance of effort 94 6 requirements. 94 7 4. Moneys appropriated in this division of this Act and 94 8 credited to the FIP account for the fiscal year beginning July 94 9 1, 2004, and ending June 30, 2005, are allocated as follows: 94 10 a. For the family development and self-sufficiency grant 94 11 program as provided under section 217.12: 94 12 .................................................. $ 5,133,042 94 13 (1) Of the funds allocated for the family development and 94 14 self-sufficiency grant program in this lettered paragraph, not 94 15 more than 5 percent of the funds shall be used for the 94 16 administration of the grant program. 94 17 (2) Based upon the annual evaluation report concerning 94 18 each grantee funded by previously appropriated funds and 94 19 through the solicitation of additional grant proposals, the 94 20 family development and self-sufficiency council may use the 94 21 allocated funds to renew or expand existing grants or award 94 22 new grants. In utilizing the funding allocated in this 94 23 lettered paragraph, the council shall give consideration, in 94 24 addition to other criteria established by the council, to a 94 25 grantee's intended use of local funds with a grant and to 94 26 whether approval of a grant proposal would expand the 94 27 availability of the program's services. 94 28 (3) The department may continue to implement the family 94 29 development and self-sufficiency grant program statewide 94 30 during FY 2004-2005. 94 31 b. For the diversion subaccount of the FIP account: 94 32 .................................................. $ 2,814,000 94 33 (1) Moneys allocated to the diversion subaccount shall be 94 34 used to implement FIP diversion statewide while continuing the 94 35 local flexibility in program design. A family that meets 95 1 income eligibility requirements for FIP may receive a one-time 95 2 payment to remedy an immediate need in order to permit the 95 3 family to maintain self-sufficiency without providing ongoing 95 4 cash assistance. A FIP participant family may receive 95 5 diversion assistance to overcome barriers to obtaining 95 6 employment and to assist in stabilizing employment in order to 95 7 increase the likelihood of the family leaving FIP more 95 8 quickly. The department shall assess and screen individuals 95 9 who would most likely benefit from the assistance. In 95 10 addition to the full-time equivalent positions authorized in 95 11 this division of this Act, 1.00 FTE is authorized for purposes 95 12 of diversion. The department may adopt additional eligibility 95 13 criteria as necessary for compliance with federal law and for 95 14 screening those families who would be most likely to become 95 15 eligible for FIP if diversion incentives would not be 95 16 provided. 95 17 (2) A portion of the moneys allocated for the subaccount 95 18 may be used for field operations salaries, data management 95 19 system development, and implementation costs and support 95 20 deemed necessary by the director of human services in order to 95 21 administer the FIP diversion program. 95 22 (3) Of the funds allocated in this lettered paragraph, not 95 23 more than $250,000 shall be used to develop or continue 95 24 community-level parental obligation pilot projects. The 95 25 requirements established under 2001 Iowa Acts, chapter 191, 95 26 section 3, subsection 5, paragraph "c", subparagraph (3), 95 27 shall remain applicable to the parental obligation pilot 95 28 projects for fiscal year 2004-2005. 95 29 c. For the food stamp employment and training program: 95 30 .................................................. $ 64,278 95 31 5. Of the child support collections assigned under FIP, an 95 32 amount equal to the federal share of support collections shall 95 33 be credited to the child support recovery appropriation. Of 95 34 the remainder of the assigned child support collections 95 35 received by the child support recovery unit, a portion shall 96 1 be credited to the FIP account and a portion may be used to 96 2 increase recoveries. 96 3 6. The department may adopt emergency administrative rules 96 4 for the family investment, food stamp, and medical assistance 96 5 programs, if necessary, to comply with federal requirements. 96 6 7. The department may continue the initiative to 96 7 streamline and simplify the employer verification process for 96 8 applicants, participants, and employers in the administration 96 9 of the department's programs. The department may contract 96 10 with companies collecting data from employers when the 96 11 information is needed in the administration of these programs. 96 12 The department may limit the availability of the initiative on 96 13 the basis of geographic area or number of individuals. 96 14 Sec. 113. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 96 15 is appropriated from the general fund of the state to the 96 16 department of human services for the fiscal year beginning 96 17 July 1, 2004, and ending June 30, 2005, the following amount, 96 18 or so much thereof as is necessary, to be used for the purpose 96 19 designated: 96 20 To be credited to the family investment program (FIP) 96 21 account and used for family investment program assistance 96 22 under chapter 239B: 96 23 .................................................. $ 39,045,438 96 24 1. The department of workforce development, in 96 25 consultation with the department of human services, shall 96 26 continue to utilize recruitment and employment practices to 96 27 include former and current FIP recipients. 96 28 2. The department of human services shall continue to work 96 29 with the department of workforce development and local 96 30 community collaborative efforts to provide support services 96 31 for FIP participants. The support services shall be directed 96 32 to those participant families who would benefit from the 96 33 support services and are likely to have success in achieving 96 34 economic independence. 96 35 3. Of the funds appropriated in this section, $9,274,143 97 1 is allocated for the JOBS program. 97 2 4. The department shall continue to work with religious 97 3 organizations and other charitable institutions to increase 97 4 the availability of host homes, referred to as second chance 97 5 homes or other living arrangements under the federal Personal 97 6 Responsibility and Work Opportunity Reconciliation Act of 97 7 1996, Pub. L. No. 104-193, } 103, and successor legislation. 97 8 The purpose of the homes or arrangements is to provide a 97 9 supportive and supervised living arrangement for minor parents 97 10 receiving assistance under the family investment program who, 97 11 under chapter 239B, may receive assistance while living in an 97 12 alternative setting other than with their parent or legal 97 13 guardian. 97 14 Sec. 114. FOOD STAMP HEALTHY CHOICES. The department of 97 15 human services, in cooperation with the Iowa department of 97 16 public health, shall identify means by which the food stamp 97 17 program may be utilized to promote good nutrition and healthy 97 18 choices among recipients of food stamps. The departments 97 19 shall submit a report of their findings to the general 97 20 assembly by December 15, 2004. 97 21 Sec. 115. CHILD SUPPORT RECOVERY. There is appropriated 97 22 from the general fund of the state to the department of human 97 23 services for the fiscal year beginning July 1, 2004, and 97 24 ending June 30, 2005, the following amount, or so much thereof 97 25 as is necessary, to be used for the purposes designated: 97 26 For child support recovery, including salaries, support, 97 27 maintenance, and miscellaneous purposes and for not more than 97 28 the following full-time equivalent positions: 97 29 .................................................. $ 5,715,656 97 30 ............................................... FTEs 407.00 97 31 1. The director of human services, within the limitations 97 32 of the moneys appropriated in this section, or moneys 97 33 transferred from the family investment program account for 97 34 this purpose, shall establish new positions and add employees 97 35 to the child support recovery unit if the director determines 98 1 that both the current and additional employees together can 98 2 reasonably be expected to maintain or increase net state 98 3 revenue at or beyond the budgeted level. 98 4 2. Nonpublic assistance application fees and other user 98 5 fees received by the child support recovery unit are 98 6 appropriated and shall be used for the purposes of the child 98 7 support recovery program. The director of human services may 98 8 add positions within the limitations of the amount 98 9 appropriated for salaries and support for the positions. 98 10 3. The director of human services, in consultation with 98 11 the department of management and the legislative fiscal 98 12 committee, is authorized to receive and deposit state child 98 13 support incentive earnings in the manner specified under 98 14 applicable federal requirements. 98 15 4. a. The director of human services may establish new 98 16 positions and add state employees to the child support 98 17 recovery unit or contract for delivery of services if the 98 18 director determines the employees are necessary to replace 98 19 county-funded positions eliminated due to termination, 98 20 reduction, or nonrenewal of a chapter 28E contract. However, 98 21 the director must also determine that the resulting increase 98 22 in the state share of child support recovery incentives 98 23 exceeds the cost of the positions or contract, the positions 98 24 or contract are necessary to ensure continued federal funding 98 25 of the program, or the new positions or contract can 98 26 reasonably be expected to recover at least twice the amount of 98 27 money necessary to pay the salaries and support for the new 98 28 positions or the contract will generate at least 200 percent 98 29 of the cost of the contract. 98 30 b. Employees in full-time positions that transition from 98 31 county government to state government employment under this 98 32 subsection are exempt from testing, selection, and appointment 98 33 provisions of chapter 19A and from the provisions of 98 34 collective bargaining agreements relating to the filling of 98 35 vacant positions. 99 1 5. Surcharges paid by obligors and received by the unit as 99 2 a result of the referral of support delinquency by the child 99 3 support recovery unit to any private collection agency are 99 4 appropriated to the department and shall be used to pay the 99 5 costs of any contracts with the collection agencies. 99 6 6. The department shall expend up to $31,000, including 99 7 federal financial participation, for the fiscal year beginning 99 8 July 1, 2004, for a child support public awareness campaign. 99 9 The department and the office of the attorney general shall 99 10 cooperate in continuation of the campaign. The public 99 11 awareness campaign shall emphasize, through a variety of media 99 12 activities, the importance of maximum involvement of both 99 13 parents in the lives of their children as well as the 99 14 importance of payment of child support obligations. 99 15 7. Federal access and visitation grant moneys shall be 99 16 issued directly to private not-for-profit agencies that 99 17 provide services designed to increase compliance with the 99 18 child access provisions of court orders, including but not 99 19 limited to neutral visitation site and mediation services. 99 20 Sec. 116. MEDICAL ASSISTANCE. There is appropriated from 99 21 the general fund of the state to the department of human 99 22 services for the fiscal year beginning July 1, 2004, and 99 23 ending June 30, 2005, the following amount, or so much thereof 99 24 as is necessary, to be used for the purpose designated: 99 25 For medical assistance reimbursement and associated costs 99 26 as specifically provided in the reimbursement methodologies in 99 27 effect on June 30, 2004, except as otherwise expressly 99 28 authorized by law, including reimbursement for abortion 99 29 services, which shall be available under the medical 99 30 assistance program only for those abortions which are 99 31 medically necessary: 99 32 .................................................. $352,794,101 99 33 1. Medically necessary abortions are those performed under 99 34 any of the following conditions: 99 35 a. The attending physician certifies that continuing the 100 1 pregnancy would endanger the life of the pregnant woman. 100 2 b. The attending physician certifies that the fetus is 100 3 mentally deficient or afflicted with a congenital illness. 100 4 c. The pregnancy is the result of a rape which is reported 100 5 within 45 days of the incident to a law enforcement agency or 100 6 public or private health agency which may include a family 100 7 physician. 100 8 d. The pregnancy is the result of incest which is reported 100 9 within 150 days of the incident to a law enforcement agency or 100 10 public or private health agency which may include a family 100 11 physician. 100 12 e. Any spontaneous abortion, commonly known as a 100 13 miscarriage, if not all of the products of conception are 100 14 expelled. 100 15 2. Notwithstanding section 8.39, the department may 100 16 transfer funds appropriated in this section to a separate 100 17 account established in the department's case management unit 100 18 for expenditures required to provide case management services 100 19 for mental health, mental retardation, and developmental 100 20 disabilities services under medical assistance which are 100 21 jointly funded by the state and county, pending final 100 22 settlement of the expenditures. Funds received by the case 100 23 management unit in settlement of the expenditures shall be 100 24 used to replace the transferred funds and are available for 100 25 the purposes for which the funds were appropriated in this 100 26 section. 100 27 3. a. The county of legal settlement shall be billed for 100 28 50 percent of the nonfederal share of the cost of case 100 29 management provided for adults, day treatment, and partial 100 30 hospitalization in accordance with sections 249A.26 and 100 31 249A.27, and 100 percent of the nonfederal share of the cost 100 32 of care for adults which is reimbursed under a federally 100 33 approved home and community-based services waiver that would 100 34 otherwise be approved for provision in an intermediate care 100 35 facility for persons with mental retardation (ICFMR), provided 101 1 under the medical assistance program. The state shall have 101 2 responsibility for the remaining 50 percent of the nonfederal 101 3 share of the cost of case management provided for adults, day 101 4 treatment, and partial hospitalization. For persons without a 101 5 county of legal settlement, the state shall have 101 6 responsibility for 100 percent of the nonfederal share of the 101 7 costs of case management provided for adults, day treatment, 101 8 partial hospitalization, and the home and community-based 101 9 services waiver. The case management services specified in 101 10 this subsection shall be billed to a county only if the 101 11 services are provided outside of a managed care contract. 101 12 b. The state shall pay the entire nonfederal share of the 101 13 costs for case management services provided to persons 17 101 14 years of age and younger who are served in a medical 101 15 assistance home and community-based services waiver program 101 16 for persons with mental retardation. 101 17 c. Medical assistance funding for case management services 101 18 for eligible persons 17 years of age and younger shall also be 101 19 provided to persons residing in counties with child welfare 101 20 decategorization projects implemented in accordance with 101 21 section 232.188, provided these projects have included these 101 22 persons in their service plan and the decategorization project 101 23 county is willing to provide the nonfederal share of costs. 101 24 d. When paying the necessary and legal expenses of ICFMR 101 25 services, the cost payment requirements of section 222.60 101 26 shall be considered fulfilled when payment is made in 101 27 accordance with the medical assistance payment rates 101 28 established for ICFMRs by the department and the state or a 101 29 county of legal settlement is not obligated for any amount in 101 30 excess of the rates. 101 31 e. Unless a county has paid or is paying for the 101 32 nonfederal share of the cost of a person's home and community- 101 33 based waiver services or ICFMR placement under the county's 101 34 mental health, mental retardation, and developmental 101 35 disabilities services fund, or unless a county of legal 102 1 settlement would become liable for the costs of services at 102 2 the ICFMR level of care for a person due to the person 102 3 reaching the age of majority, the state shall pay the 102 4 nonfederal share of the costs of an eligible person's services 102 5 under the home and community-based waiver for persons with 102 6 brain injury. 102 7 4. The department shall utilize not more than $60,000 of 102 8 the funds appropriated in this section to continue the 102 9 AIDS/HIV health insurance premium payment program as 102 10 established in 1992 Iowa Acts, Second Extraordinary Session, 102 11 chapter 1001, section 409, subsection 6. Of the funds 102 12 allocated in this subsection, not more than $5,000 may be 102 13 expended for administrative purposes. 102 14 5. Of the funds appropriated to the Iowa department of 102 15 public health for addictive disorders, $950,000 for the fiscal 102 16 year beginning July 1, 2004, shall be transferred to the 102 17 department of human services for an integrated substance abuse 102 18 managed care system. 102 19 6. In administering the medical assistance home and 102 20 community-based services waivers, the total number of openings 102 21 at any one time shall be limited to the number approved for a 102 22 waiver by the secretary of the United States department of 102 23 health and human services. The openings shall be available on 102 24 a first-come, first-served basis. 102 25 7. The department of human services, in consultation with 102 26 the Iowa department of public health and the department of 102 27 education, shall continue the program to utilize the early and 102 28 periodic screening, diagnosis, and treatment (EPSDT) funding 102 29 under medical assistance, to the extent possible, to implement 102 30 the screening component of the EPSDT program through the 102 31 school system. The department may enter into contracts to 102 32 utilize maternal and child health centers, the public health 102 33 nursing program, or school nurses in implementing this 102 34 provision. 102 35 8. If the federal centers for Medicare and Medicaid 103 1 services approves a waiver request from the department, the 103 2 department shall provide a period of 12 months of guaranteed 103 3 eligibility for medical assistance family planning services 103 4 only, regardless of the change in circumstances of a woman who 103 5 was a medical assistance recipient when a pregnancy ended. 103 6 The department shall also provide this guaranteed eligibility 103 7 to women who are at least 13 years of age but less than 45 103 8 years of age with countable income at or below 200 percent of 103 9 the federal poverty level. 103 10 9. a. The department shall aggressively pursue options 103 11 for providing medical assistance or other assistance to 103 12 individuals with special needs who become ineligible to 103 13 continue receiving services under the early and periodic 103 14 screening, diagnosis, and treatment program under the medical 103 15 assistance program due to becoming 21 years of age, who have 103 16 been approved for additional assistance through the 103 17 department's exception to policy provisions, but who have 103 18 health care needs in excess of the funding available through 103 19 the exception to policy process. 103 20 b. Of the funds appropriated in this section, $100,000 103 21 shall be used for participation in one or more pilot projects 103 22 operated by a private provider to allow the individual or 103 23 individuals to receive service in the community in accordance 103 24 with principles established in the Olmstead v. L.C. 527 U.S. 103 25 581 (1999) for the purpose of providing medical assistance or 103 26 other assistance to individuals with special needs who become 103 27 ineligible to continue receiving services under the early and 103 28 periodic screening, diagnosis, and treatment program under the 103 29 medical assistance program due to becoming twenty-one years of 103 30 age, who have been approved for additional assistance through 103 31 the department's exception to policy provisions, but who have 103 32 health care needs in excess of the funding available through 103 33 the exception to the policy provisions. 103 34 10. The Iowa medical assistance drug utilization review 103 35 commission shall submit copies of the board's annual review, 104 1 including facts and findings, of the drugs on the department's 104 2 prior authorization list to the department and to the members 104 3 of the joint appropriations subcommittee on health and human 104 4 services. 104 5 11. The department of human services shall submit a 104 6 Medicaid state plan amendment to the centers for Medicare and 104 7 Medicaid services of the United States department of health 104 8 and human services to provide that for the fiscal year 104 9 beginning July 1, 2004, and ending June 30, 2005, the 104 10 department of human services shall adjust hospital payments to 104 11 state-owned acute-care hospitals with over 500 beds to offset 104 12 the high cost incurred by such facilities for providing 104 13 services to medical assistance patients. The amendment shall 104 14 provide that adjustments shall be made to the payments for 104 15 inpatient hospital services to which the hospital would 104 16 otherwise be entitled under the medical assistance program. 104 17 Additionally, the amendment shall provide that the adjustments 104 18 shall be established at the level intended to increase the 104 19 medical assistance payments to qualifying hospitals up to the 104 20 lesser of the categorical Medicare upper payment limit for 104 21 inpatient services, or the hospital-specific limit, as defined 104 22 under 42 C.F.R. 447.272, 42 C.F.R. 447.321, and 42 U.S.C. } 104 23 1396r-4(g), as applicable. 104 24 12. The department shall assist school districts in 104 25 applying for direct claiming under the medical assistance 104 26 program for funding of school district nursing services for 104 27 students. 104 28 Sec. 117. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 104 29 is appropriated from the general fund of the state to the 104 30 department of human services for the fiscal year beginning 104 31 July 1, 2004, and ending June 30, 2005, the following amount, 104 32 or so much thereof as is necessary, to be used for the purpose 104 33 designated: 104 34 For administration of the health insurance premium payment 104 35 program, including salaries, support, maintenance, and 105 1 miscellaneous purposes, and for not more than the following 105 2 full-time equivalent positions: 105 3 .................................................. $ 606,429 105 4 ............................................... FTEs 20.95 105 5 Sec. 118. MEDICAL CONTRACTS. There is appropriated from 105 6 the general fund of the state to the department of human 105 7 services for the fiscal year beginning July 1, 2004, and 105 8 ending June 30, 2005, the following amount, or so much thereof 105 9 as is necessary, to be used for the purpose designated: 105 10 For medical contracts, including salaries, support, 105 11 maintenance, and miscellaneous purposes, and for not more than 105 12 the following full-time equivalent positions: 105 13 .................................................. $ 9,725,035 105 14 ............................................... FTEs 1.00 105 15 1. In any managed care contract for mental health or 105 16 substance abuse services entered into or extended by the 105 17 department on or after July 1, 2004, the request for proposals 105 18 shall provide for coverage of dual diagnosis mental health and 105 19 substance abuse treatment provided at the state mental health 105 20 institute at Mount Pleasant. To the extent possible, the 105 21 department shall also amend any such contract existing on July 105 22 1, 2004, to provide for such coverage. 105 23 2. Up to $665,000 of the moneys deposited in the 105 24 pharmaceutical settlement account created pursuant to section 105 25 249A.33 is appropriated to the department for the fiscal year 105 26 beginning July 1, 2004, and ending June 30, 2005, to be used 105 27 for the procurement of and transition to the new medical 105 28 assistance program fiscal agent vendors. 105 29 Sec. 119. MEDICAL ASSISTANCE PROGRAM – REQUIREMENTS. 105 30 1. The department of human services shall do all of the 105 31 following: 105 32 a. Consistent with applicable state and federal law, issue 105 33 one or more requests for proposals to purchase certain durable 105 34 medical equipment or supplies if such a procurement strategy 105 35 will reduce the costs of these items to the medical assistance 106 1 program while maintaining appropriate access and quality 106 2 standards. 106 3 b. Expand the recipient lock-in program, surveillance and 106 4 utilization review activities, and program audit activities to 106 5 the greatest extent possible. Any savings realized from the 106 6 expansion may be used to the extent necessary to pay the costs 106 7 associated with implementation of this subsection. The 106 8 department shall report the amount of any savings realized and 106 9 the amount of any costs paid to the persons designated in this 106 10 Act to receive reports. 106 11 c. Implement a health insurance data match program with 106 12 insurance carriers to be used to match insureds against a 106 13 listing of medical assistance recipients. The information 106 14 submitted shall be used solely to identify third-party payors 106 15 for medical assistance recipients and shall be kept 106 16 confidential. The department, in consultation with insurance 106 17 carriers, shall adopt rules to implement this paragraph. The 106 18 rules shall be published as emergency rules to take effect no 106 19 later than June 30, 2004. Insurance carriers shall begin 106 20 providing the information required upon the adoption of the 106 21 rules. 106 22 d. Notwithstanding any provision of law to the contrary, 106 23 institute a process whereby home health agencies are required 106 24 to bill the Medicare program for appropriate home health 106 25 services. The process shall require that as a condition of 106 26 receiving payment under the medical assistance program, the 106 27 home health agency must attach a Medicare denial of benefits 106 28 form to the Medicaid program claim form. 106 29 e. Identify and initiate a process for reducing reliance 106 30 on intermediate care facilities for persons with mental 106 31 retardation level of care and substituting community-based 106 32 care. 106 33 f. Provide that under the Iowa preferred drug list 106 34 requirements, any newly released generic drug product shall 106 35 only be considered to be a preferred drug and therefore not 107 1 subject to prior authorization if the generic product's cost 107 2 to the medical assistance program is less than the brand name 107 3 product's cost to the medical assistance program. In 107 4 determining the medical assistance program cost of each drug 107 5 product, the drug product cost shall be the net amount derived 107 6 following inclusion of all medical assistance program drug 107 7 rebates and after the impact of all Iowa-specific supplemental 107 8 rebates are taken into account. 107 9 g. Determine or enter a contract to identify the incidence 107 10 of chronic disease within the Iowa medical assistance program 107 11 population in order to most effectively utilize disease 107 12 management programs under the medical assistance program. The 107 13 department may procure a sole source contract to implement 107 14 this subsection. 107 15 2. The department may adopt emergency rules and shall 107 16 apply for any federal waivers or plan amendments necessary to 107 17 implement the provisions of this section. 107 18 Sec. 120. STATE SUPPLEMENTARY ASSISTANCE. 107 19 1. There is appropriated from the general fund of the 107 20 state to the department of human services for the fiscal year 107 21 beginning July 1, 2004, and ending June 30, 2005, the 107 22 following amount, or so much thereof as is necessary, to be 107 23 used for the purposes designated: 107 24 For state supplementary assistance and the medical 107 25 assistance home and community-based services waiver rent 107 26 subsidy program: 107 27 .................................................. $ 19,273,135 107 28 2. The department shall increase the personal needs 107 29 allowance for residents of residential care facilities by the 107 30 same percentage and at the same time as federal supplemental 107 31 security income and federal social security benefits are 107 32 increased due to a recognized increase in the cost of living. 107 33 The department may adopt emergency rules to implement this 107 34 subsection. 107 35 3. If during the fiscal year beginning July 1, 2004, the 108 1 department projects that state supplementary assistance 108 2 expenditures for a calendar year will not meet the federal 108 3 pass-along requirement specified in Title XVI of the federal 108 4 Social Security Act, section 1618, as codified in 42 U.S.C. } 108 5 1382g, the department may take actions including but not 108 6 limited to increasing the personal needs allowance for 108 7 residential care facility residents and making programmatic 108 8 adjustments or upward adjustments of the residential care 108 9 facility or in-home health-related care reimbursement rates 108 10 prescribed in this division of this Act to ensure that federal 108 11 requirements are met. In addition, the department may make 108 12 other programmatic and rate adjustments necessary to remain 108 13 within the amount appropriated in this section while ensuring 108 14 compliance with federal requirements. The department may 108 15 adopt emergency rules to implement the provisions of this 108 16 subsection. 108 17 Sec. 121. CHILDREN'S HEALTH INSURANCE PROGRAM. There is 108 18 appropriated from the general fund of the state to the 108 19 department of human services for the fiscal year beginning 108 20 July 1, 2004, and ending June 30, 2005, the following amount, 108 21 or so much thereof as is necessary, to be used for the purpose 108 22 designated: 108 23 For maintenance of the healthy and well kids in Iowa (hawk- 108 24 i) program pursuant to chapter 514I for receipt of federal 108 25 financial participation under Title XXI of the federal Social 108 26 Security Act, which creates the state children's health 108 27 insurance program: 108 28 .................................................. $ 12,118,275 108 29 1. The department may transfer funds appropriated in this 108 30 section to be used for the purpose of expanding health care 108 31 coverage to children under the medical assistance program. 108 32 The department shall provide periodic updates to the general 108 33 assembly of expenditures of funds appropriated in this 108 34 section. 108 35 2. Moneys in the hawk-i trust fund are appropriated to the 109 1 department of human services and shall be used to offset any 109 2 program costs for the fiscal year beginning July 1, 2004, and 109 3 ending June 30, 2005. 109 4 Sec. 122. CHILD CARE ASSISTANCE. There is appropriated 109 5 from the general fund of the state to the department of human 109 6 services for the fiscal year beginning July 1, 2004, and 109 7 ending June 30, 2005, the following amount, or so much thereof 109 8 as is necessary, to be used for the purpose designated: 109 9 For child care programs: 109 10 .................................................. $ 5,050,752 109 11 1. a. Of the funds appropriated in this section, 109 12 $4,525,228 shall be used for state child care assistance in 109 13 accordance with section 237A.13. 109 14 b. During the 2004-2005 fiscal year, the moneys deposited 109 15 in the child care credit fund created in section 237A.28 are 109 16 appropriated to the department to be used for state child care 109 17 assistance in accordance with section 237A.13, in addition to 109 18 the moneys allocated for that purpose in paragraph "a". 109 19 2. Nothing in this section shall be construed or is 109 20 intended as, or shall imply, a grant of entitlement for 109 21 services to persons who are eligible for assistance due to an 109 22 income level consistent with the waiting list requirements of 109 23 section 237A.13. Any state obligation to provide services 109 24 pursuant to this section is limited to the extent of the funds 109 25 appropriated in this section. 109 26 3. Of the funds appropriated in this section, $525,524 is 109 27 allocated for the statewide program for child care resource 109 28 and referral services under section 237A.26. 109 29 4. The department may use any of the funds appropriated in 109 30 this section as a match to obtain federal funds for use in 109 31 expanding child care assistance and related programs. For the 109 32 purpose of expenditures of state and federal child care 109 33 funding, funds shall be considered obligated at the time 109 34 expenditures are projected or are allocated to the 109 35 department's service areas. Projections shall be based on 110 1 current and projected caseload growth, current and projected 110 2 provider rates, staffing requirements for eligibility 110 3 determination and management of program requirements including 110 4 data systems management, staffing requirements for 110 5 administration of the program, contractual and grant 110 6 obligations and any transfers to other state agencies, and 110 7 obligations for decategorization or innovation projects. 110 8 5. A portion of the state match for the federal child care 110 9 and development block grant shall be provided through the 110 10 state general fund appropriation for child development grants 110 11 and other programs for at-risk children in section 279.51. 110 12 6. If the department receives additional funding from the 110 13 federal government designated for purposes of improving child 110 14 care quality, the funding shall be used for additional child 110 15 care consultant positions within the department's field 110 16 operations. 110 17 Sec. 123. CHILD CARE QUALITY RATING SYSTEM. 110 18 1. By December 15, 2004, the department of human services 110 19 shall submit to the governor and general assembly a plan for 110 20 implementation of a voluntary child care provider quality 110 21 rating system. In developing the implementation plan for the 110 22 quality rating system, the department of human services shall 110 23 partner with the community empowerment office in the 110 24 department of management and the state child care advisory 110 25 council. The department shall also coordinate with the state 110 26 agencies represented on the Iowa empowerment board, child care 110 27 resource and referral service grantees under section 237A.26, 110 28 and other agencies and organizations that focus on community- 110 29 based early childhood services. 110 30 2. The implementation plan shall detail the rating system 110 31 structure, including the number of quality levels, outline the 110 32 manner in which the system will be administered, identify the 110 33 statutory and rule changes needed, identify implementation 110 34 costs and funding strategies, include a communication plan 110 35 targeted to both providers and parents, and propose an 111 1 implementation timeline. 111 2 3. Each quality rating level in the proposed system may 111 3 address one or more of the following quality variables: staff 111 4 education, training, and credentials; director education and 111 5 training; an environmental rating scale or other means to 111 6 assess or evaluate the physical, health, and safety aspects of 111 7 a child care facility; parental involvement; staff-to-child 111 8 ratios; national accreditation; compliance history; 111 9 curriculum; business practices; staff retention; staff 111 10 compensation and benefits; provider membership in early 111 11 childhood professional organizations; and other appropriate 111 12 quality variables. 111 13 4. In providing support and recognition for providers who 111 14 seek to attain higher quality rating levels, the plan may 111 15 propose payment of a reimbursement differential under the 111 16 state child care assistance program. In addition, the plan 111 17 may provide for supplying provider quality ratings on the 111 18 department's internet site and in other consumer information 111 19 distributed pursuant to section 237A.25 and in information 111 20 supplied to parents by child care resource and referral 111 21 services. 111 22 Sec. 124. JUVENILE INSTITUTIONS. There is appropriated 111 23 from the general fund of the state to the department of human 111 24 services for the fiscal year beginning July 1, 2004, and 111 25 ending June 30, 2005, the following amounts, or so much 111 26 thereof as is necessary, to be used for the purposes 111 27 designated: 111 28 1. For operation of the Iowa juvenile home at Toledo and 111 29 for salaries, support, maintenance, and for not more than the 111 30 following full-time equivalent positions: 111 31 .................................................. $ 6,061,266 111 32 ............................................... FTEs 130.54 111 33 The department is requested to convene a group to review 111 34 the programs and services of the Iowa juvenile home and to 111 35 present the governor and general assembly with suggestions for 112 1 improvements. The group should review previous studies and 112 2 reports on the institution. The membership of the group 112 3 should include but is not limited to representatives of 112 4 departmental field staff, juvenile judges, juvenile court 112 5 officers, alumni of the institution, other departmental 112 6 institutions, community-based providers, and other interested 112 7 parties. 112 8 2. For operation of the state training school at Eldora 112 9 and for salaries, support, maintenance, and for not more than 112 10 the following full-time equivalent positions: 112 11 .................................................. $ 9,570,563 112 12 ............................................... FTEs 218.53 112 13 3. During the fiscal year beginning July 1, 2004, the 112 14 population levels at the state juvenile institutions shall not 112 15 exceed the population guidelines established under 1990 Iowa 112 16 Acts, chapter 1239, section 21, as adjusted for subsequent 112 17 changes in capacity at the institutions. 112 18 4. A portion of the moneys appropriated in this section 112 19 shall be used by the state training school and by the Iowa 112 20 juvenile home for grants for adolescent pregnancy prevention 112 21 activities at the institutions in the fiscal year beginning 112 22 July 1, 2004. 112 23 5. Within the amounts appropriated in this section, the 112 24 department may transfer funds as necessary to best fulfill the 112 25 needs of the institutions provided for in the appropriation. 112 26 Sec. 125. CHILD AND FAMILY SERVICES. 112 27 1. There is appropriated from the general fund of the 112 28 state to the department of human services for the fiscal year 112 29 beginning July 1, 2004, and ending June 30, 2005, the 112 30 following amount, or so much thereof as is necessary, to be 112 31 used for the purpose designated: 112 32 For child and family services: 112 33 .................................................. $ 96,935,253 112 34 In order to address a reduction of $6,200,000 from the 112 35 amount allocated under this appropriation in prior years for 113 1 purposes of juvenile delinquent graduated sanction services, 113 2 up to $6,200,000 of the amount of federal temporary assistance 113 3 for needy families block grant funding appropriated in this 113 4 division of this Act for child and family services, shall be 113 5 made available for purposes of juvenile delinquent graduated 113 6 sanction services. 113 7 2. The department may transfer funds appropriated in this 113 8 section as necessary to pay the nonfederal costs of services 113 9 reimbursed under medical assistance or the family investment 113 10 program which are provided to children who would otherwise 113 11 receive services paid under the appropriation in this section. 113 12 The department may transfer funds appropriated in this section 113 13 to the appropriations in this division of this Act for general 113 14 administration and for field operations for resources 113 15 necessary to implement and operate the services funded in this 113 16 section. 113 17 3. a. Of the funds appropriated in this section, up to 113 18 $34,653,383 is allocated as the statewide expenditure target 113 19 under section 232.143 for group foster care maintenance and 113 20 services. 113 21 b. If at any time after September 30, 2004, annualization 113 22 of a service area's current expenditures indicates a service 113 23 area is at risk of exceeding its group foster care expenditure 113 24 target under section 232.143 by more than 5 percent, the 113 25 department and juvenile court services shall examine all group 113 26 foster care placements in that service area in order to 113 27 identify those which might be appropriate for termination. In 113 28 addition, any aftercare services believed to be needed for the 113 29 children whose placements may be terminated shall be 113 30 identified. The department and juvenile court services shall 113 31 initiate action to set dispositional review hearings for the 113 32 placements identified. In such a dispositional review 113 33 hearing, the juvenile court shall determine whether needed 113 34 aftercare services are available and whether termination of 113 35 the placement is in the best interest of the child and the 114 1 community. 114 2 c. Of the funds allocated in this subsection, $1,398,403 114 3 is allocated as the state match funding for 50 highly 114 4 structured juvenile program beds. If the number of beds 114 5 provided for in this lettered paragraph is not utilized, the 114 6 remaining funds allocated may be used for group foster care. 114 7 d. For the fiscal year beginning July 1, 2004, the 114 8 requirements of section 232.143 applicable to the juvenile 114 9 court and to representatives of the juvenile court shall be 114 10 applicable instead to juvenile court services and to 114 11 representatives of juvenile court services. The 114 12 representatives appointed by the department of human services 114 13 and by juvenile court services to establish the plan to 114 14 contain expenditures for children placed in group foster care 114 15 ordered by the court within the budget target allocated to the 114 16 service area shall establish the plan in a manner so as to 114 17 ensure the moneys allocated to the service area under section 114 18 232.143 shall last the entire fiscal year. Funds for a child 114 19 placed in group foster care shall be considered encumbered for 114 20 the duration of the child's projected or actual length of 114 21 stay, whichever is applicable. 114 22 4. In accordance with the provisions of section 232.188, 114 23 the department shall continue the program to decategorize 114 24 child welfare services funding. Of the funds appropriated in 114 25 this section, $1,000,000 is allocated specifically for 114 26 expenditure through the decategorization of child welfare 114 27 funding pools and governance boards established pursuant to 114 28 section 232.188. In addition, up to $2,000,000 of the amount 114 29 of federal temporary assistance for needy families block grant 114 30 funding appropriated in this division of this Act for child 114 31 and family services shall be made available for purposes of 114 32 decategorization of child welfare services as provided in this 114 33 subsection. Notwithstanding section 8.33, moneys allocated in 114 34 this subsection that remain unencumbered or unobligated at the 114 35 close of the fiscal year shall not revert but shall remain 115 1 available for expenditure for the purposes designated until 115 2 the close of the succeeding fiscal year. It is the intent of 115 3 the general assembly that the department continue its practice 115 4 of providing strong support for Iowa's nationally recognized 115 5 initiative of decategorization of child welfare funding. 115 6 5. Of the funds appropriated in this section, up to 115 7 $915,892 is allocated for additional funding of the family 115 8 preservation program. 115 9 6. The department shall continue the goal that not more 115 10 than 15 percent of the children placed in foster care funded 115 11 under the federal Social Security Act, Title IV-E, may be 115 12 placed in foster care for a period of more than 24 months. 115 13 7. A portion of the funding appropriated in this section 115 14 may be used for emergency family assistance to provide other 115 15 resources required for a family participating in a family 115 16 preservation or reunification project to stay together or to 115 17 be reunified. 115 18 8. Notwithstanding section 234.35, subsection 1, for the 115 19 fiscal year beginning July 1, 2004, state funding for shelter 115 20 care paid pursuant to section 234.35, subsection 1, paragraph 115 21 "h", shall be limited to $6,926,718. 115 22 9. The department shall continue to make adoption 115 23 presubsidy and adoption subsidy payments to adoptive parents 115 24 at the beginning of the month for the current month. 115 25 10. Federal funds received by the state during the fiscal 115 26 year beginning July 1, 2004, as the result of the expenditure 115 27 of state funds appropriated during a previous state fiscal 115 28 year for a service or activity funded under this section, are 115 29 appropriated to the department to be used as additional 115 30 funding for services and purposes provided for under this 115 31 section. Notwithstanding section 8.33, moneys received in 115 32 accordance with this subsection that remain unencumbered or 115 33 unobligated at the close of the fiscal year shall not revert 115 34 to any fund but shall remain available for the purposes 115 35 designated until the close of the succeeding fiscal year. 116 1 11. Of the moneys appropriated in this section, not more 116 2 than $442,100 is allocated to provide clinical assessment 116 3 services as necessary to continue funding of children's 116 4 rehabilitation services under medical assistance in accordance 116 5 with federal law and requirements. The funding allocated is 116 6 the amount projected to be necessary for providing the 116 7 clinical assessment services. 116 8 12. Of the funding appropriated in this section, 116 9 $3,696,285 shall be used for protective child care assistance. 116 10 13. Of the moneys appropriated in this section, up to 116 11 $2,859,851 is allocated for the payment of the expenses of 116 12 court-ordered services provided to juveniles which are a 116 13 charge upon the state pursuant to section 232.141, subsection 116 14 4. Of the amount allocated in this subsection, up to 116 15 $1,431,597 shall be made available to provide school-based 116 16 supervision of children adjudicated under chapter 232, of 116 17 which not more than $15,000 may be used for the purpose of 116 18 training. A portion of the cost of each school-based liaison 116 19 officer shall be paid by the school district or other funding 116 20 source as approved by the chief juvenile court officer. 116 21 a. Notwithstanding section 232.141 or any other provision 116 22 of law to the contrary, the amount allocated in this 116 23 subsection shall be distributed to the judicial districts as 116 24 determined by the state court administrator. The state court 116 25 administrator shall make the determination of the distribution 116 26 amounts on or before June 15, 2004. 116 27 b. Notwithstanding chapter 232 or any other provision of 116 28 law to the contrary, a district or juvenile court shall not 116 29 order any service which is a charge upon the state pursuant to 116 30 section 232.141 if there are insufficient court-ordered 116 31 services funds available in the district court distribution 116 32 amount to pay for the service. The chief juvenile court 116 33 officer shall encourage use of the funds allocated in this 116 34 subsection such that there are sufficient funds to pay for all 116 35 court-related services during the entire year. The chief 117 1 juvenile court officers shall attempt to anticipate potential 117 2 surpluses and shortfalls in the distribution amounts and shall 117 3 cooperatively request the state court administrator to 117 4 transfer funds between the districts' distribution amounts as 117 5 prudent. 117 6 c. Notwithstanding any provision of law to the contrary, a 117 7 district or juvenile court shall not order a county to pay for 117 8 any service provided to a juvenile pursuant to an order 117 9 entered under chapter 232 which is a charge upon the state 117 10 under section 232.141, subsection 4. 117 11 d. Of the funding allocated in this subsection, not more 117 12 than $100,000 may be used by the judicial branch for 117 13 administration of the requirements under this subsection and 117 14 for travel associated with court-ordered placements which are 117 15 a charge upon the state pursuant to section 232.141, 117 16 subsection 4. 117 17 14. The department shall maximize the capacity to draw 117 18 federal funding under Title IV-E of the federal Social 117 19 Security Act. 117 20 15. Notwithstanding section 234.39, subsection 5, and 2000 117 21 Iowa Acts, chapter 1228, section 43, the department may 117 22 operate a subsidized guardianship program if the United States 117 23 department of health and human services approves a waiver 117 24 under Title IV-E of the federal Social Security Act or the 117 25 federal Social Security Act is amended to allow Title IV-E 117 26 funding to be used for subsidized guardianship, and the 117 27 subsidized guardianship program can be operated without loss 117 28 of Title IV-E funds. 117 29 16. The department shall work with foster and adoptive 117 30 families, private child welfare agencies, and advocates to 117 31 identify savings alternatives in the adoption subsidy program. 117 32 The department may adopt emergency rules to implement this 117 33 subsection. 117 34 17. The department shall develop a plan for privatizing 117 35 the administration of the foster care and adoption programs. 118 1 The plan shall be submitted to the governor and the general 118 2 assembly on or before December 15, 2004. 118 3 18. Of the amount appropriated in this section, $100,000 118 4 shall be transferred to the Iowa department of public health 118 5 to be used for the child protection center grant program in 118 6 accordance with section 135.118. 118 7 19. Of the amount appropriated in this section, $148,000 118 8 shall be used for funding of one or more child welfare 118 9 diversion and mediation pilot projects as provided in House 118 10 File 2462. 118 11 Sec. 126. JUVENILE DETENTION HOME FUND. Moneys deposited 118 12 in the juvenile detention home fund created in section 232.142 118 13 during the fiscal year beginning July 1, 2004, and ending June 118 14 30, 2005, are appropriated to the department of human services 118 15 for the fiscal year beginning July 1, 2004, and ending June 118 16 30, 2005, for distribution as follows: 118 17 1. An amount equal to ten percent of the costs of the 118 18 establishment, improvement, operation, and maintenance of 118 19 county or multicounty juvenile detention homes in the fiscal 118 20 year beginning July 1, 2003. Moneys appropriated for 118 21 distribution in accordance with this subsection shall be 118 22 allocated among eligible detention homes, prorated on the 118 23 basis of an eligible detention home's proportion of the costs 118 24 of all eligible detention homes in the fiscal year beginning 118 25 July 1, 2003. Notwithstanding section 232.142, subsection 3, 118 26 the financial aid payable by the state under that provision 118 27 for the fiscal year beginning July 1, 2004, shall be limited 118 28 to the amount appropriated for the purposes of this 118 29 subsection. 118 30 2. For renewal of a grant to a county with a population 118 31 between 189,000 and 196,000 for implementation of the county's 118 32 runaway treatment plan under section 232.195: 118 33 .................................................. $ 80,000 118 34 3. For continuation and expansion of the community 118 35 partnership for child protection sites: 119 1 .................................................. $ 318,000 119 2 4. For grants to counties implementing a runaway treatment 119 3 plan under section 232.195. 119 4 5. The remainder for additional allocations to county or 119 5 multicounty juvenile detention homes, in accordance with the 119 6 distribution requirements of subsection 1. 119 7 Sec. 127. FAMILY SUPPORT SUBSIDY PROGRAM. There is 119 8 appropriated from the general fund of the state to the 119 9 department of human services for the fiscal year beginning 119 10 July 1, 2004, and ending June 30, 2005, the following amount, 119 11 or so much thereof as is necessary, to be used for the purpose 119 12 designated: 119 13 For the family support subsidy program: 119 14 .................................................. $ 1,936,434 119 15 1. The department may use up to $333,312 of the moneys 119 16 appropriated in this section to continue the children-at-home 119 17 program in current counties, of which not more than $20,000 119 18 shall be used for administrative costs. 119 19 2. Notwithstanding section 225C.38, subsection 1, the 119 20 monthly family support payment amount for the fiscal year 119 21 beginning July 1, 2004, shall remain the same as the payment 119 22 amount in effect on June 30, 2004. 119 23 Sec. 128. CONNER DECREE. There is appropriated from the 119 24 general fund of the state to the department of human services 119 25 for the fiscal year beginning July 1, 2004, and ending June 119 26 30, 2005, the following amount, or so much thereof as is 119 27 necessary, to be used for the purpose designated: 119 28 For building community capacity through the coordination 119 29 and provision of training opportunities in accordance with the 119 30 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 119 31 Iowa, July 14, 1994): 119 32 .................................................. $ 42,623 119 33 Sec. 129. MENTAL HEALTH INSTITUTES. There is appropriated 119 34 from the general fund of the state to the department of human 119 35 services for the fiscal year beginning July 1, 2004, and 120 1 ending June 30, 2005, the following amounts, or so much 120 2 thereof as is necessary, to be used for the purposes 120 3 designated: 120 4 1. For the state mental health institute at Cherokee for 120 5 salaries, support, maintenance, and miscellaneous purposes and 120 6 for not more than the following full-time equivalent 120 7 positions: 120 8 .................................................. $ 12,927,556 120 9 ............................................... FTEs 227.65 120 10 2. For the state mental health institute at Clarinda for 120 11 salaries, support, maintenance, and miscellaneous purposes and 120 12 for not more than the following full-time equivalent 120 13 positions: 120 14 .................................................. $ 7,410,346 120 15 ............................................... FTEs 113.15 120 16 3. For the state mental health institute at Independence 120 17 for salaries, support, maintenance, and miscellaneous purposes 120 18 and for not more than the following full-time equivalent 120 19 positions: 120 20 .................................................. $ 17,239,768 120 21 ............................................... FTEs 317.80 120 22 The state mental health institute at Independence shall 120 23 continue the 30 psychiatric medical institution for children 120 24 (PMIC) beds authorized in section 135H.6, in a manner which 120 25 results in no net state expenditure amount in excess of the 120 26 amount appropriated in this subsection. Counties are not 120 27 responsible for the costs of PMIC services described in this 120 28 subsection. Subject to the approval of the department, with 120 29 the exception of revenues required under section 249A.11 to be 120 30 credited to the appropriation in this division of this Act for 120 31 medical assistance, revenues attributable to the PMIC beds 120 32 described in this subsection for the fiscal year beginning 120 33 July 1, 2004, and ending June 30, 2005, shall be deposited in 120 34 the institute's account, including but not limited to any of 120 35 the following revenues: 121 1 a. The federal share of medical assistance revenue 121 2 received under chapter 249A. 121 3 b. Moneys received through client participation. 121 4 c. Any other revenues directly attributable to the PMIC 121 5 beds. 121 6 4. For the state mental health institute at Mount Pleasant 121 7 for salaries, support, maintenance, and miscellaneous purposes 121 8 and for not more than the following full-time equivalent 121 9 positions: 121 10 .................................................. $ 6,109,205 121 11 ............................................... FTEs 100.44 121 12 a. Funding is provided in this subsection for the state 121 13 mental health institute at Mount Pleasant to continue the dual 121 14 diagnosis mental health and substance abuse program on a net 121 15 budgeting basis in which 50 percent of the actual per diem and 121 16 ancillary services costs are chargeable to the patient's 121 17 county of legal settlement or as a state case, as appropriate. 121 18 Subject to the approval of the department, revenues 121 19 attributable to the dual diagnosis program for the fiscal year 121 20 beginning July 1, 2004, and ending June 30, 2005, shall be 121 21 deposited in the institute's account, including but not 121 22 limited to all of the following revenues: 121 23 (1) Moneys received by the state from billings to counties 121 24 under section 230.20. 121 25 (2) Moneys received from billings to the Medicare program. 121 26 (3) Moneys received from a managed care contractor 121 27 providing services under contract with the department or any 121 28 private third-party payor. 121 29 (4) Moneys received through client participation. 121 30 (5) Any other revenues directly attributable to the dual 121 31 diagnosis program. 121 32 b. The following additional provisions are applicable in 121 33 regard to the dual diagnosis program: 121 34 (1) A county may split the charges between the county's 121 35 mental health, mental retardation, and developmental 122 1 disabilities services fund and the county's budget for 122 2 substance abuse expenditures. 122 3 (2) If an individual is committed to the custody of the 122 4 department of corrections at the time the individual is 122 5 referred for dual diagnosis treatment, the department of 122 6 corrections shall be charged for the costs of treatment. 122 7 (3) Prior to an individual's admission for dual diagnosis 122 8 treatment, the individual shall have been screened through a 122 9 county's single entry point process to determine the 122 10 appropriateness of the treatment. 122 11 (4) A county shall not be chargeable for the costs of 122 12 treatment for an individual enrolled in and authorized by or 122 13 decertified by a managed behavioral care plan under the 122 14 medical assistance program. 122 15 (5) Notwithstanding section 8.33, state mental health 122 16 institute revenues related to the dual diagnosis program that 122 17 remain unencumbered or unobligated at the close of the fiscal 122 18 year shall not revert but shall remain available up to the 122 19 amount which would allow the state mental health institute to 122 20 meet credit obligations owed to counties as a result of year- 122 21 end per diem adjustments for the dual diagnosis program. 122 22 5. Within the funds appropriated in this section, the 122 23 department may transfer funds as necessary to best fulfill the 122 24 needs of the institutes provided for in the appropriation. 122 25 6. As part of the discharge planning process at the state 122 26 mental health institutes, the department shall provide 122 27 assistance in obtaining eligibility for federal supplemental 122 28 security income (SSI) to those individuals whose care at a 122 29 state mental health institute is the financial responsibility 122 30 of the state or a county. 122 31 Sec. 130. STATE RESOURCE CENTERS. There is appropriated 122 32 from the general fund of the state to the department of human 122 33 services for the fiscal year beginning July 1, 2004, and 122 34 ending June 30, 2005, the following amounts, or so much 122 35 thereof as is necessary, to be used for the purposes 123 1 designated: 123 2 1. For the state resource center at Glenwood for salaries, 123 3 support, maintenance, and miscellaneous purposes: 123 4 .................................................. $ 8,550,280 123 5 2. For the state resource center at Woodward for salaries, 123 6 support, maintenance, and miscellaneous purposes: 123 7 .................................................. $ 4,520,459 123 8 3. a. The department shall continue operating the state 123 9 resource centers at Glenwood and Woodward with a net general 123 10 fund appropriation. The amounts allocated in this section are 123 11 the net amounts of state moneys projected to be needed for the 123 12 state resource centers. The purposes of operating with a net 123 13 general fund appropriation are to encourage the state resource 123 14 centers to operate with increased self-sufficiency, to improve 123 15 quality and efficiency, and to support collaborative efforts 123 16 between the state resource centers and counties and other 123 17 funders of services available from the state resource centers. 123 18 The state resource centers shall not be operated under the net 123 19 appropriation in a manner which results in a cost increase to 123 20 the state or cost shifting between the state, the medical 123 21 assistance program, counties, or other sources of funding for 123 22 the state resource centers. Moneys appropriated in this 123 23 section may be used throughout the fiscal year in the manner 123 24 necessary for purposes of cash flow management, and for 123 25 purposes of cash flow management the state resource centers 123 26 may temporarily draw more than the amounts appropriated, 123 27 provided the amounts appropriated are not exceeded at the 123 28 close of the fiscal year. 123 29 b. Subject to the approval of the department, except for 123 30 revenues under section 249A.11, revenues attributable to the 123 31 state resource centers for the fiscal year beginning July 1, 123 32 2004, shall be deposited into each state resource center's 123 33 account, including but not limited to all of the following: 123 34 (1) Moneys received by the state from billings to counties 123 35 under section 222.73. 124 1 (2) The federal share of medical assistance revenue 124 2 received under chapter 249A. 124 3 (3) Federal Medicare program payments. 124 4 (4) Moneys received from client financial participation. 124 5 (5) Other revenues generated from current, new, or 124 6 expanded services which the state resource center is 124 7 authorized to provide. 124 8 c. For the purposes of allocating the salary adjustment 124 9 fund moneys appropriated in another division of this Act or 124 10 another Act, the state resource centers shall be considered to 124 11 be funded entirely with state moneys. 124 12 d. Notwithstanding section 8.33, up to $500,000 of a state 124 13 resource center's revenues that remain unencumbered or 124 14 unobligated at the close of the fiscal year shall not revert 124 15 but shall remain available to be used in the succeeding fiscal 124 16 year. 124 17 4. Within the funds appropriated in this section, the 124 18 department may transfer funds as necessary to best fulfill the 124 19 needs of the institutions provided for in the appropriation. 124 20 5. The department may continue to bill for state resource 124 21 center services utilizing a scope of services approach used 124 22 for private providers of ICFMR services, in a manner which 124 23 does not shift costs between the medical assistance program, 124 24 counties, or other sources of funding for the state resource 124 25 centers. 124 26 6. The state resource centers may expand the time limited 124 27 assessment and respite services during the fiscal year. 124 28 7. If the department's administration and the department 124 29 of management concur with a finding by a state resource 124 30 center's superintendent that projected revenues can reasonably 124 31 be expected to pay the salary and support costs for a new 124 32 employee position, or that such costs for adding a particular 124 33 number of new positions for the fiscal year would be less than 124 34 the overtime costs if new positions would not be added, the 124 35 superintendent may add the new position or positions. If the 125 1 vacant positions available to a resource center do not include 125 2 the position classification desired to be filled, the state 125 3 resource center's superintendent may reclassify any vacant 125 4 position as necessary to fill the desired position. The 125 5 superintendents of the state resource centers may, by mutual 125 6 agreement, pool vacant positions and position classifications 125 7 during the course of the fiscal year in order to assist one 125 8 another in filling necessary positions. 125 9 8. If existing capacity limitations are reached in 125 10 operating units, a waiting list is in effect for a service or 125 11 a special need for which a payment source or other funding is 125 12 available for the service or to address the special need, and 125 13 facilities for the service or to address the special need can 125 14 be provided within the available payment source or other 125 15 funding, the superintendent of a state resource center may 125 16 authorize opening not more than two units or other facilities 125 17 and to begin implementing the service or addressing the 125 18 special need during fiscal year 2004-2005. 125 19 Sec. 131. MI/MR/DD STATE CASES. There is appropriated 125 20 from the general fund of the state to the department of human 125 21 services for the fiscal year beginning July 1, 2004, and 125 22 ending June 30, 2005, the following amount, or so much thereof 125 23 as is necessary, to be used for the purpose designated: 125 24 For purchase of local services for persons with mental 125 25 illness, mental retardation, and developmental disabilities 125 26 where the client has no established county of legal 125 27 settlement: 125 28 .................................................. $ 11,014,619 125 29 The general assembly encourages the department to continue 125 30 discussions with the Iowa state association of counties and 125 31 administrators of county central point of coordination offices 125 32 regarding proposals for moving state cases to county budgets. 125 33 Sec. 132. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 125 34 COMMUNITY SERVICES FUND. There is appropriated from the 125 35 general fund of the state to the mental health and 126 1 developmental disabilities community services fund created in 126 2 section 225C.7 for the fiscal year beginning July 1, 2004, and 126 3 ending June 30, 2005, the following amount, or so much thereof 126 4 as is necessary, to be used for the purpose designated: 126 5 For mental health and developmental disabilities community 126 6 services in accordance with this division of this Act: 126 7 ................................................. $ 17,757,890 126 8 1. Of the funds appropriated in this section, $17,727,890 126 9 shall be allocated to counties for funding of community-based 126 10 mental health and developmental disabilities services. The 126 11 moneys shall be allocated to a county as follows: 126 12 a. Fifty percent based upon the county's proportion of the 126 13 state's population of persons with an annual income which is 126 14 equal to or less than the poverty guideline established by the 126 15 federal office of management and budget. 126 16 b. Fifty percent based upon the county's proportion of the 126 17 state's general population. 126 18 2. a. A county shall utilize the funding the county 126 19 receives pursuant to subsection 1 for services provided to 126 20 persons with a disability, as defined in section 225C.2. 126 21 However, no more than 50 percent of the funding shall be used 126 22 for services provided to any one of the service populations. 126 23 b. A county shall use at least 50 percent of the funding 126 24 the county receives under subsection 1 for contemporary 126 25 services provided to persons with a disability, as described 126 26 in rules adopted by the department. 126 27 3. Of the funds appropriated in this section, $30,000 126 28 shall be used to support the Iowa compass program providing 126 29 computerized information and referral services for Iowans with 126 30 disabilities and their families. 126 31 4. a. Funding appropriated for purposes of the federal 126 32 social services block grant is allocated for distribution to 126 33 counties for local purchase of services for persons with 126 34 mental illness or mental retardation or other developmental 126 35 disability. 127 1 b. The funds allocated in this subsection shall be 127 2 expended by counties in accordance with the county's approved 127 3 county management plan. A county without an approved county 127 4 management plan shall not receive allocated funds until the 127 5 county's management plan is approved. 127 6 c. The funds provided by this subsection shall be 127 7 allocated to each county as follows: 127 8 (1) Fifty percent based upon the county's proportion of 127 9 the state's population of persons with an annual income which 127 10 is equal to or less than the poverty guideline established by 127 11 the federal office of management and budget. 127 12 (2) Fifty percent based upon the amount provided to the 127 13 county for local purchase of services in the preceding fiscal 127 14 year. 127 15 5. A county is eligible for funds under this section if 127 16 the county qualifies for a state payment as described in 127 17 section 331.439. 127 18 Sec. 133. PERSONAL ASSISTANCE. There is appropriated from 127 19 the general fund of the state to the department of human 127 20 services for the fiscal year beginning July 1, 2004, and 127 21 ending June 30, 2005, the following amount, or so much thereof 127 22 as is necessary, to be used for the purpose designated: 127 23 For continuation of a pilot project for the personal 127 24 assistance services program in accordance with this section: 127 25 .................................................. $ 205,748 127 26 1. The funds appropriated in this section shall be used to 127 27 continue the pilot project for the personal assistance 127 28 services program under section 225C.46 in an urban and a rural 127 29 area. Not more than 10 percent of the amount appropriated 127 30 shall be used for administrative costs. The pilot project 127 31 shall not be implemented in a manner which would require 127 32 additional county or state costs for assistance provided to an 127 33 individual served under the pilot project. 127 34 2. In accordance with 2001 Iowa Acts, chapter 191, section 127 35 25, subsection 2, new applicants shall not be accepted into 128 1 the pilot project. An individual receiving services under the 128 2 pilot project as of June 30, 2004, shall continue receiving 128 3 services until the individual voluntarily leaves the project 128 4 or until another program with similar services exists. 128 5 Sec. 134. SEXUALLY VIOLENT PREDATORS. 128 6 1. There is appropriated from the general fund of the 128 7 state to the department of human services for the fiscal year 128 8 beginning July 1, 2004, and ending June 30, 2005, the 128 9 following amount, or so much thereof as is necessary, to be 128 10 used for the purpose designated: 128 11 For costs associated with the commitment and treatment of 128 12 sexually violent predators in the unit located at the state 128 13 mental health institute at Cherokee, including costs of legal 128 14 services and other associated costs, including salaries, 128 15 support, maintenance, and miscellaneous purposes: 128 16 .................................................. $ 2,833,646 128 17 2. Unless specifically prohibited by law, if the amount 128 18 charged provides for recoupment of at least the entire amount 128 19 of direct and indirect costs, the department of human services 128 20 may contract with other states to provide care and treatment 128 21 of persons placed by the other states at the unit for sexually 128 22 violent predators at Cherokee. The moneys received under such 128 23 a contract shall be considered to be repayment receipts and 128 24 used for the purposes of the appropriation made in this 128 25 section. 128 26 Sec. 135. FIELD OPERATIONS. There is appropriated from 128 27 the general fund of the state to the department of human 128 28 services for the fiscal year beginning July 1, 2004, and 128 29 ending June 30, 2005, the following amount, or so much thereof 128 30 as is necessary, to be used for the purposes designated: 128 31 1. For field operations, including salaries, support, 128 32 maintenance, and miscellaneous purposes and for not more than 128 33 the following full-time equivalent positions: 128 34 .................................................. $ 53,097,364 128 35 ............................................... FTEs 1,844.49 129 1 Priority in filling full-time equivalent positions shall be 129 2 given to those positions related to child protection services. 129 3 2. In operating the service area system established 129 4 pursuant to 2001 Iowa Acts, Second Extraordinary Session, 129 5 chapter 4, for the fiscal year beginning July 1, 2004, and 129 6 ending June 30, 2005, the department shall utilize the service 129 7 areas and service area administrators in lieu of regions and 129 8 regional administrators, notwithstanding the references to 129 9 department regions or regional administrators in sections 129 10 232.2, 232.52, 232.68, 232.72, 232.102, 232.117, 232.127, 129 11 232.143, 232.188, and 234.35, or other provision in law. The 129 12 department shall submit proposed legislation under section 129 13 2.16 for consideration by the Eighty-first General Assembly, 129 14 2005 Session, to correct the references in the necessary Code 129 15 sections. 129 16 Sec. 136. GENERAL ADMINISTRATION. There is appropriated 129 17 from the general fund of the state to the department of human 129 18 services for the fiscal year beginning July 1, 2004, and 129 19 ending June 30, 2005, the following amount, or so much thereof 129 20 as is necessary, to be used for the purpose designated: 129 21 For general administration, including salaries, support, 129 22 maintenance, and miscellaneous purposes and for not more than 129 23 the following full-time equivalent positions: 129 24 .................................................. $ 11,089,434 129 25 ............................................... FTEs 292.00 129 26 Of the funds appropriated in this section, $57,000 is 129 27 allocated for the prevention of disabilities policy council 129 28 established in section 225B.3. 129 29 Sec. 137. VOLUNTEERS. There is appropriated from the 129 30 general fund of the state to the department of human services 129 31 for the fiscal year beginning July 1, 2004, and ending June 129 32 30, 2005, the following amount, or so much thereof as is 129 33 necessary, to be used for the purpose designated: 129 34 For development and coordination of volunteer services: 129 35 .................................................. $ 109,568 130 1 Sec. 138. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 130 2 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 130 3 DEPARTMENT OF HUMAN SERVICES. 130 4 1. a. (1) For the fiscal year beginning July 1, 2004, 130 5 nursing facilities shall be reimbursed at 100 percent of the 130 6 modified price-based case-mix reimbursement rate. Nursing 130 7 facilities reimbursed under the medical assistance program 130 8 shall submit annual cost reports and additional documentation 130 9 as required by rules adopted by the department. 130 10 (2) For the fiscal year beginning July 1, 2004, the total 130 11 state funding amount for the nursing facility budget shall not 130 12 exceed $156,013,248. For the fiscal year beginning July 1, 130 13 2004, and ending June 30, 2005, nursing facilities reimbursed 130 14 under the case-mix reimbursement system shall have their 130 15 allowable cost calculations adjusted by applying the most 130 16 recently published HCFA/SNF index. For the purpose of this 130 17 subparagraph, the HCFA/SNF index means the HCFA total skilled 130 18 nursing facility market basket index published by data 130 19 resources, inc. The department, in cooperation with nursing 130 20 facility representatives, shall review projections for state 130 21 funding expenditures for reimbursement of nursing facilities 130 22 on a quarterly basis and the department shall determine if an 130 23 adjustment to the medical assistance reimbursement rate is 130 24 necessary in order to provide reimbursement within the state 130 25 funding amount. Any temporary enhanced federal financial 130 26 participation that may become available to the Iowa medical 130 27 assistance program during the fiscal year shall not be used in 130 28 projecting the nursing facility budget. Notwithstanding 2001 130 29 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 130 30 "c", and subsection 3, paragraph "a", subparagraph (2), if the 130 31 state funding expenditures for the nursing facility budget for 130 32 the fiscal year beginning July 1, 2004, is projected to exceed 130 33 the amount specified in this subparagraph, the department 130 34 shall adjust the inflation factor of the reimbursement rate 130 35 calculation for only the nursing facilities reimbursed under 131 1 the case-mix reimbursement system to maintain expenditures of 131 2 the nursing facility budget within the specified amount. 131 3 b. For the fiscal year beginning July 1, 2004, the 131 4 department shall reimburse pharmacy dispensing fees using a 131 5 single rate of $4.26 per prescription, or the pharmacy's usual 131 6 and customary fee, whichever is lower. 131 7 c. For the fiscal year beginning July 1, 2004, 131 8 reimbursement rates for inpatient and outpatient hospital 131 9 services shall remain at the rates in effect on June 30, 2004. 131 10 The department shall continue the outpatient hospital 131 11 reimbursement system based upon ambulatory patient groups 131 12 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 131 13 25, subsection 1, paragraph "f". In addition, the department 131 14 shall continue the revised medical assistance payment policy 131 15 implemented pursuant to that paragraph to provide 131 16 reimbursement for costs of screening and treatment provided in 131 17 the hospital emergency room if made pursuant to the 131 18 prospective payment methodology developed by the department 131 19 for the payment of outpatient services provided under the 131 20 medical assistance program. Any rebasing of hospital 131 21 inpatient or outpatient rates shall not increase total 131 22 payments for inpatient and outpatient services. 131 23 d. For the fiscal year beginning July 1, 2004, 131 24 reimbursement rates for rural health clinics, hospices, 131 25 independent laboratories, and acute mental hospitals shall be 131 26 increased in accordance with increases under the federal 131 27 Medicare program or as supported by their Medicare audited 131 28 costs. 131 29 e. (1) For the fiscal year beginning July 1, 2004, 131 30 reimbursement rates for home health agencies shall remain at 131 31 the rates in effect on June 30, 2004. 131 32 (2) Notwithstanding 2003 Iowa Acts, chapter 112, section 131 33 7, subsection 7, the department shall establish a fixed-fee 131 34 reimbursement schedule for home health agencies under the 131 35 medical assistance program beginning July 1, 2005. The 132 1 department shall submit a status report regarding the 132 2 development of the fixed-fee schedule to the fiscal committee 132 3 of the legislative council no later than September 1, 2004. 132 4 f. For the fiscal year beginning July 1, 2004, federally 132 5 qualified health centers shall receive cost-based 132 6 reimbursement for 100 percent of the reasonable costs for the 132 7 provision of services to recipients of medical assistance. 132 8 g. Beginning July 1, 2004, the reimbursement rates for 132 9 dental services shall remain at the rates in effect on June 132 10 30, 2004. 132 11 h. Beginning July 1, 2004, the reimbursement rates for 132 12 community mental health centers shall remain at the rates in 132 13 effect on June 30, 2004. 132 14 i. For the fiscal year beginning July 1, 2004, the maximum 132 15 reimbursement rate for psychiatric medical institutions for 132 16 children shall remain at the rate in effect on June 30, 2004, 132 17 based on per day rates for actual costs. 132 18 j. For the fiscal year beginning July 1, 2004, unless 132 19 otherwise specified in this Act, all noninstitutional medical 132 20 assistance provider reimbursement rates shall remain at the 132 21 rates in effect on June 30, 2004, except for area education 132 22 agencies, local education agencies, infant and toddler 132 23 services providers, and those providers whose rates are 132 24 required to be determined pursuant to section 249A.20. 132 25 k. Notwithstanding section 249A.20, the average 132 26 reimbursement rates for health care providers eligible for use 132 27 of the federal Medicare resource-based relative value scale 132 28 reimbursement methodology under that section shall remain at 132 29 the rate in effect on June 30, 2004; however, this rate shall 132 30 not exceed the maximum level authorized by the federal 132 31 government. 132 32 2. For the fiscal year beginning July 1, 2004, the 132 33 reimbursement rate for residential care facilities shall not 132 34 be less than the minimum payment level as established by the 132 35 federal government to meet the federally mandated maintenance 133 1 of effort requirement. The flat reimbursement rate for 133 2 facilities electing not to file semiannual cost reports shall 133 3 not be less than the minimum payment level as established by 133 4 the federal government to meet the federally mandated 133 5 maintenance of effort requirement. 133 6 3. For the fiscal year beginning July 1, 2004, the 133 7 reimbursement rate for providers reimbursed under the in-home- 133 8 related care program shall not be less than the minimum 133 9 payment level as established by the federal government to meet 133 10 the federally mandated maintenance of effort requirement. 133 11 4. Unless otherwise directed in this section, when the 133 12 department's reimbursement methodology for any provider 133 13 reimbursed in accordance with this section includes an 133 14 inflation factor, this factor shall not exceed the amount by 133 15 which the consumer price index for all urban consumers 133 16 increased during the calendar year ending December 31, 2002. 133 17 5. Notwithstanding section 234.38, in the fiscal year 133 18 beginning July 1, 2004, the foster family basic daily 133 19 maintenance rate and the maximum adoption subsidy rate for 133 20 children ages 0 through 5 years shall be $14.28, the rate for 133 21 children ages 6 through 11 years shall be $15.07, the rate for 133 22 children ages 12 through 15 years shall be $16.83, and the 133 23 rate for children ages 16 and older shall be $16.83. 133 24 6. For the fiscal year beginning July 1, 2004, the maximum 133 25 reimbursement rates for social service providers shall remain 133 26 at the rates in effect on June 30, 2004. However, the rates 133 27 may be adjusted under any of the following circumstances: 133 28 a. If a new service was added after June 30, 2004, the 133 29 initial reimbursement rate for the service shall be based upon 133 30 actual and allowable costs. 133 31 b. If a social service provider loses a source of income 133 32 used to determine the reimbursement rate for the provider, the 133 33 provider's reimbursement rate may be adjusted to reflect the 133 34 loss of income, provided that the lost income was used to 133 35 support actual and allowable costs of a service purchased 134 1 under a purchase of service contract. 134 2 7. The group foster care reimbursement rates paid for 134 3 placement of children out of state shall be calculated 134 4 according to the same rate-setting principles as those used 134 5 for in-state providers unless the director of human services 134 6 or the director's designee determines that appropriate care 134 7 cannot be provided within the state. The payment of the daily 134 8 rate shall be based on the number of days in the calendar 134 9 month in which service is provided. 134 10 8. For the fiscal year beginning July 1, 2004, the 134 11 reimbursement rates for rehabilitative treatment and support 134 12 services providers shall remain at the rates in effect on June 134 13 30, 2004. 134 14 9. For the fiscal year beginning July 1, 2004, the 134 15 combined service and maintenance components of the 134 16 reimbursement rate paid for shelter care services purchased 134 17 under a contract shall be based on the financial and 134 18 statistical report submitted to the department. The maximum 134 19 reimbursement rate shall be $83.69 per day. The department 134 20 shall reimburse a shelter care provider at the provider's 134 21 actual and allowable unit cost, plus inflation, not to exceed 134 22 the maximum reimbursement rate. Notwithstanding section 134 23 232.141, subsection 8, for the fiscal year beginning July 1, 134 24 2004, the amount of the statewide average of the actual and 134 25 allowable rates for reimbursement of juvenile shelter care 134 26 homes that is utilized for the limitation on recovery of 134 27 unpaid costs shall remain at the same amount in effect for 134 28 this purpose in the preceding fiscal year. 134 29 10. For the fiscal year beginning July 1, 2004, the 134 30 department shall calculate reimbursement rates for 134 31 intermediate care facilities for persons with mental 134 32 retardation at the 80th percentile. 134 33 11. For the fiscal year beginning July 1, 2004, for child 134 34 care providers, the department shall set provider 134 35 reimbursement rates based on the rate reimbursement survey 135 1 completed in December 1998. The department shall set rates in 135 2 a manner so as to provide incentives for a nonregistered 135 3 provider to become registered. 135 4 12. For the fiscal year beginning July 1, 2004, 135 5 reimbursements for providers reimbursed by the department of 135 6 human services may be modified if appropriated funding is 135 7 allocated for that purpose from the senior living trust fund 135 8 created in section 249H.4, or as specified in appropriations 135 9 from the healthy Iowans tobacco trust created in section 135 10 12.65. 135 11 13. The department may adopt emergency rules to implement 135 12 this section. 135 13 Sec. 139. ADOPTION SUBSIDY PROGRAM. 135 14 1. a. It is the intent of the general assembly that the 135 15 department of human services maximize receipt of the federal 135 16 funding available for the adoption subsidy program. The 135 17 department may renegotiate existing adoption agreements solely 135 18 for the purpose of maximizing federal funding. However, any 135 19 revision of the existing adoption monthly maintenance payment 135 20 agreement shall not result in the reduction of benefits to 135 21 these adoptive families. 135 22 b. The limitation on attorney fees under the program shall 135 23 be $500 per recipient. 135 24 c. The department of human services shall attempt to 135 25 develop a method to obtain federal matching funds for adoption 135 26 subsidy program recipients' out-of-pocket payments to 135 27 attorneys for the portion of attorney fees that exceed the 135 28 limitation on attorney fees under the program. 135 29 d. The department of human services shall attempt to 135 30 obtain federal matching funds for adoption subsidy program 135 31 recipients' out-of-pocket payments for child care fees that 135 32 exceed the applicable reimbursement rate established under the 135 33 child care assistance program. 135 34 e. If cost-effective and in compliance with federal law 135 35 and regulation, the department of human services may implement 136 1 a sliding benefit scale based upon income, for all or a 136 2 portion of the adoption presubsidy or preadoptive subsidy 136 3 agreements entered into on or after July 1, 2004. 136 4 2. It is the intent of the general assembly that beginning 136 5 July 1, 2004, adoption subsidy agreements entered into on or 136 6 after that date shall be administered uniformly throughout the 136 7 state. 136 8 3. a. Beginning July 1, 2004, the child care subsidy 136 9 payments for individuals who enter into presubsidy or 136 10 preadoptive subsidy agreements shall be governed by the 136 11 provisions of the department of human services' child care 136 12 assistance programs. 136 13 b. (1) Individuals who entered into presubsidy or 136 14 preadoptive subsidy agreements on or before June 30, 2004, 136 15 shall continue to receive a child care subsidy, 136 16 notwithstanding any income guidelines specified under the 136 17 child care assistance program, and shall not be required to 136 18 meet the specifications of a specialized program as specified 136 19 in the administrative rules, but beginning July 1, 2004, the 136 20 child care subsidy rate shall be governed by the rate ceilings 136 21 under the department of human services' child care assistance 136 22 program. 136 23 (2) The department shall notify these individuals within 136 24 thirty days of the effective date of this section of this Act 136 25 of the potential change in the determination of the child care 136 26 subsidy rate described under this subsection, and the process 136 27 for requesting an exception to policy. 136 28 (3) If an individual requests an exception to policy and 136 29 the exception is approved, the individual shall continue to 136 30 receive the child care subsidy rate in effect for the 136 31 individual prior to July 1, 2004, and shall be reimbursed the 136 32 difference between the prior rate and the new rate for the 136 33 period of time that the new rate was applied. 136 34 4. It is the intent of the general assembly that any rules 136 35 relating to the adoption subsidy program for which the 137 1 effective date of the rules is delayed pursuant to section 137 2 17A.8, subsection 9, shall take effect unless legislation 137 3 enacted by the general assembly conflicts with such rules. 137 4 5. The legislative council is requested to establish an 137 5 interim study committee to review the adoption subsidy 137 6 program, which includes a review of current practices 137 7 regarding the determination of subsidy levels, disparities in 137 8 subsidy levels among regions of the state, program cost and 137 9 benefits, the fiscal and programmatic impact of projected 137 10 future program growth, a thorough analysis of the demographic 137 11 factors of the adoptive families as well as the adoptive 137 12 children's special needs, and quantification of savings in 137 13 other programs and services resulting from the utilization of 137 14 the adoption subsidy program. The interim study committee 137 15 shall seek input from the department of human services, 137 16 adoptive parents, and others with experience or expertise 137 17 relating to the adoption subsidy program and related services 137 18 and supports. The interim study committee shall submit a 137 19 report of findings and recommendations to the general assembly 137 20 not later than December 1, 2004. 137 21 Sec. 140. TRANSFER AUTHORITY. Subject to the provisions 137 22 of section 8.39, for the fiscal year beginning July 1, 2004, 137 23 if necessary to meet federal maintenance of effort 137 24 requirements or to transfer federal temporary assistance for 137 25 needy families block grant funding to be used for purposes of 137 26 the federal social services block grant or to meet cash flow 137 27 needs resulting from delays in receiving federal funding or to 137 28 implement, in accordance with this division of this Act, 137 29 targeted case management for child protection and for 137 30 activities currently funded with juvenile court services, 137 31 county, or community moneys and state moneys used in 137 32 combination with such moneys, the department of human services 137 33 may transfer within or between any of the appropriations made 137 34 in this division of this Act and appropriations in law for the 137 35 federal social services block grant to the department for the 138 1 following purposes, provided that the combined amount of state 138 2 and federal temporary assistance for needy families block 138 3 grant funding for each appropriation remains the same before 138 4 and after the transfer: 138 5 1. For the family investment program. 138 6 2. For child care assistance. 138 7 3. For child and family services. 138 8 4. For field operations. 138 9 5. For general administration. 138 10 6. MH/MR/DD/BI community services (local purchase). 138 11 This section shall not be construed to prohibit existing 138 12 state transfer authority for other purposes. 138 13 Sec. 141. FRAUD AND RECOUPMENT ACTIVITIES. During the 138 14 fiscal year beginning July 1, 2004, notwithstanding the 138 15 restrictions in section 239B.14, recovered moneys generated 138 16 through fraud and recoupment activities are appropriated to 138 17 the department of human services to be used for additional 138 18 fraud and recoupment activities performed by the department of 138 19 human services or the department of inspections and appeals, 138 20 and the department of human services may add not more than 138 21 five full-time equivalent positions, in addition to those 138 22 funded in this division of this Act, subject to both of the 138 23 following conditions: 138 24 1. The director of human services determines that the 138 25 investment can reasonably be expected to increase recovery of 138 26 assistance paid in error, due to fraudulent or nonfraudulent 138 27 actions, in excess of the amount recovered in the fiscal year 138 28 beginning July 1, 1997. 138 29 2. The amount expended for the additional fraud and 138 30 recoupment activities shall not exceed the amount of the 138 31 projected increase in assistance recovered. 138 32 Sec. 142. MEDICAL ASSISTANCE PROGRAM – NONREVERSION FOR 138 33 FY 2003-2004. Notwithstanding section 8.33, if moneys 138 34 appropriated in 2003 Iowa Acts, chapter 175, for the medical 138 35 assistance program from the general fund of the state, the 139 1 senior living trust fund, or the hospital trust fund, or in 139 2 2003 Iowa Acts, chapter 183, from the healthy Iowans tobacco 139 3 trust are in excess of actual expenditures for the medical 139 4 assistance program and remain unencumbered or unobligated at 139 5 the close of the fiscal year, the excess moneys shall not 139 6 revert, and notwithstanding any provision of law to the 139 7 contrary, shall not be transferred to any other appropriation 139 8 but shall remain available for expenditure for the purpose 139 9 designated until the close of the succeeding fiscal year. Of 139 10 the amount remaining available, the department of human 139 11 services may use up to $2,300,000 to draw down the maximum 139 12 amount of disproportionate share hospital reimbursement under 139 13 the medical assistance program as provided in the federal 139 14 Prescription Drug and Medicare Improvement Act of 2003. Any 139 15 amounts received shall be distributed in accordance with the 139 16 regular disproportionate share hospital program paid out of 139 17 the graduate medical education and disproportionate share 139 18 fund. To the extent allowed under Title XIX of the federal 139 19 Social Security Act, any hospital qualifying for 139 20 disproportionate share hospital reimbursement shall provide 139 21 evidence to the department that the hospital provides or 139 22 participates in a disease management program. 139 23 Sec. 143. EMERGENCY RULES. If specifically authorized by 139 24 a provision of this division of this Act, the department of 139 25 human services or the mental health and developmental 139 26 disabilities commission may adopt administrative rules under 139 27 section 17A.4, subsection 2, and section 17A.5, subsection 2, 139 28 paragraph "b", to implement the provisions and the rules shall 139 29 become effective immediately upon filing or on a later 139 30 effective date specified in the rules, unless the effective 139 31 date is delayed by the administrative rules review committee. 139 32 Any rules adopted in accordance with this section shall not 139 33 take effect before the rules are reviewed by the 139 34 administrative rules review committee. The delay authority 139 35 provided to the administrative rules review committee under 140 1 section 17A.4, subsection 5, and section 17A.8, subsection 9, 140 2 shall be applicable to a delay imposed under this section, 140 3 notwithstanding a provision in those sections making them 140 4 inapplicable to section 17A.5, subsection 2, paragraph "b". 140 5 Any rules adopted in accordance with the provisions of this 140 6 section shall also be published as notice of intended action 140 7 as provided in section 17A.4. 140 8 Sec. 144. REPORTS. 140 9 1. Any reports or information required to be compiled and 140 10 submitted under this division of this Act shall be submitted 140 11 to the chairpersons and ranking members of the joint 140 12 appropriations subcommittee on health and human services, the 140 13 legislative services agency, and the legislative caucus staffs 140 14 on or before the dates specified for submission of the reports 140 15 or information. 140 16 2. In order to reduce mailing and paper processing costs, 140 17 the department shall provide, to the extent feasible, reports, 140 18 notices, minutes, and other documents by electronic means to 140 19 those persons who have the capacity to access the documents in 140 20 that manner. 140 21 Sec. 145. LAW INAPPLICABLE FOR FISCAL YEAR 2004-2005. 140 22 1. The following provisions in Code or rule shall be 140 23 suspended for the period beginning July 1, 2004, and ending 140 24 June 30, 2005: 140 25 a. The requirements of section 239B.2A, relating to school 140 26 attendance by children participating in the family investment 140 27 program. 140 28 b. For a case permanency plan, as defined in section 140 29 232.2, the requirement for a six-month case permanency plan 140 30 review for an intact family. 140 31 2. The department may adopt emergency rules to implement 140 32 the provisions of this section. 140 33 Sec. 146. NEW SECTION. 217.14 REFUGEE SERVICES 140 34 FOUNDATION. 140 35 1. The department of human services shall cause a refugee 141 1 services foundation to be created for the sole purpose of 141 2 engaging in refugee resettlement activities to promote the 141 3 welfare and self-sufficiency of refugees who live in Iowa and 141 4 who are not citizens of the United States. The foundation may 141 5 establish an endowment fund to assist in the financing of its 141 6 activities. The foundation shall be incorporated under 141 7 chapter 504A. 141 8 2. The foundation shall be created in a manner so that 141 9 donations and bequests to the foundation qualify as tax 141 10 deductible under federal and state income tax laws. The 141 11 foundation is not a state agency and shall not exercise 141 12 sovereign power of the state. The state is not liable for any 141 13 debts of the foundation. 141 14 3. The refugee services foundation shall have a board of 141 15 directors of five members. One member shall be appointed by 141 16 the governor and four members shall be appointed by the 141 17 director of human services. Members of the board shall serve 141 18 three-year terms beginning on July 1, and ending on June 30. 141 19 A vacancy on the board shall be filled in the same manner as 141 20 the original appointment for the remainder of the term. Not 141 21 more than two members appointed by the director of human 141 22 services shall be of the same gender or of the same political 141 23 party. 141 24 4. The refugee services foundation may accept and 141 25 administer trusts deemed by the board to be beneficial. 141 26 Notwithstanding section 633.63, the foundation may act as 141 27 trustee of such a trust. 141 28 Sec. 147. NEW SECTION. 217.45 FAITH-BASED AND COMMUNITY- 141 29 BASED ORGANIZATIONS NETWORK. 141 30 1. A statewide, nonprofit agency that receives a subgrant 141 31 to assist faith-based and community-based organizations to 141 32 develop coalitions and partnerships shall be designated as the 141 33 central office for faith-based and community-based 141 34 initiatives. 141 35 2. The department shall designate one department employee 142 1 in each of the service areas to act as a liaison to faith- 142 2 based and community-based organizations in the service area. 142 3 3. The primary functions of a liaison for a service area 142 4 under this section are as follows: 142 5 a. To communicate with faith-based and community-based 142 6 organizations regarding the need for private community 142 7 services to benefit persons in need of assistance who would 142 8 otherwise require financial or other assistance under public 142 9 programs administered by state or local government. 142 10 b. To promote the involvement of faith-based and 142 11 community-based organizations in working to meet community 142 12 needs for assistance. 142 13 c. To coordinate efforts to promote involvement of faith- 142 14 based and community-based organizations in providing community 142 15 services with efforts similar to those of state agencies. 142 16 d. To promote cooperation and coordination among public 142 17 agencies and faith-based and community-based organizations. 142 18 e. To provide technical assistance to faith-based and 142 19 community-based organizations in writing grant applications, 142 20 training, mentoring, financial management, and obtaining not- 142 21 for-profit designations. 142 22 4. The department shall submit a report annually by 142 23 January 15 to the governor and the general assembly regarding 142 24 the activities of the faith-based and community-based 142 25 organizations network provided for in this section. 142 26 Sec. 148. Section 232.141, subsection 1, Code 2003, is 142 27 amended to read as follows: 142 28 1. Except as otherwise provided by law, the court shall 142 29 inquire into the ability of the child or the child's parent to 142 30 pay expenses incurred pursuant tosubsectionsubsections 2, 142 31and subsection4, and, after8. After giving the parent a 142 32 reasonable opportunity to be heard, the court may order the 142 33 parent to pay all or part of the costs of the child's care, 142 34 examination, treatment, legal expenses, or other expenses. An 142 35 order entered under this section does not obligate a parent 143 1 paying child support under a custody decree, except that part 143 2 of the monthly support payment may be used to satisfy the 143 3 obligations imposed by the order entered pursuant to this 143 4 section. If a parent fails to pay as ordered, without good 143 5 reason, the court may proceed against the parent for contempt 143 6 and may inform the county attorney who shall proceed against 143 7 the parent to collect the unpaid amount. Any payment ordered 143 8 by the court shall be a judgment against each of the child's 143 9 parents and a lien as provided in section 624.23. If all or 143 10 part of the amount that the parents are ordered to pay is 143 11 subsequently paid by the county or state, the judgment and 143 12 lien shall thereafter be against each of the parents in favor 143 13 of the county to the extent of the county's payments and in 143 14 favor of the state to the extent of the state's payments. 143 15 Sec. 149. Section 234.39, Code 2003, is amended by adding 143 16 the following new subsection: 143 17 NEW SUBSECTION. 6. A support obligation for a shelter 143 18 care placement shall be determined under section 232.141. 143 19 Sec. 150. NEW SECTION. 249A.34 MEDICAL ASSISTANCE MENTAL 143 20 HEALTH QUALITY OF CARE IMPROVEMENT COMMITTEE. 143 21 1. The department shall establish a medical assistance 143 22 mental health quality of care improvement committee. The 143 23 committee membership shall include members of the public 143 24 representing mental health advocates, mental health care 143 25 consumers, and mental health care providers, including 143 26 providers in private psychiatric practice, as well as 143 27 geriatric psychiatry, institutional psychiatry, and child 143 28 psychiatry disciplines. The membership shall also include a 143 29 designee of each of the following: the medical assistance 143 30 pharmaceutical and therapeutics committee created pursuant to 143 31 section 249A.20A, the university of Iowa hospitals and clinics 143 32 department of psychiatry, the Iowa medical assistance drug 143 33 utilization review commission created in section 249A.24, the 143 34 contractor for the medical assistance program managed care 143 35 mental health contract, the director of public health, and the 144 1 director of human services. 144 2 2. The medical assistance mental health quality of care 144 3 improvement committee shall advise the department in the 144 4 implementation of all of the following: 144 5 a. Clinical treatment algorithms for schizophrenia, major 144 6 depressive disorder, and bipolar disorder. The algorithms 144 7 shall be utilized in lieu of policies restricting access to 144 8 care and medication and shall not be subject to prior 144 9 authorization requirements or medication preferences. This 144 10 paragraph shall not apply to any prior authorization provision 144 11 in force on June 30, 2004, imposed under the existing managed 144 12 care mental health care contract or any extension of that 144 13 contract. 144 14 b. A mental health polypharmacy review process, including 144 15 but not limited to data collection and analysis and medical 144 16 service provider education. 144 17 3. The medical assistance mental health quality of care 144 18 improvement committee shall, on an ongoing basis, review and 144 19 after a cost-benefit analysis may recommend other mechanisms 144 20 to promote medical assistance patient access to improved 144 21 quality of care and the use of other cost saving mechanisms, 144 22 including but not limited to implementing disease management 144 23 programs for mental health disorders, expanding assertive 144 24 community treatment programs, improving methods for gathering 144 25 and analyzing data regarding the delivery of mental health 144 26 care, and implementing other effective treatment programs. 144 27 4. This section is repealed July 1, 2007. 144 28 Sec. 151. NEW SECTION. 249A.35 MEDICAL ASSISTANCE CRISIS 144 29 INTERVENTION TEAM. 144 30 1. A medical assistance crisis intervention team is 144 31 created. The team shall consist of the following members: 144 32 a. The president of the university of Iowa. 144 33 b. A representative of the Iowa hospital association. 144 34 c. A representative of the Iowa medical society. 144 35 d. A representative of the Iowa pharmacy association. 145 1 e. A representative of the Iowa health care association. 145 2 f. A representative of the federation of Iowa insurers. 145 3 g. A representative of the Iowa association of community 145 4 providers. 145 5 h. A representative of the medical assistance advisory 145 6 council established pursuant to section 249A.4, subsection 8. 145 7 i. Two members selected by the president of the university 145 8 of Iowa. 145 9 2. The president of the university of Iowa shall act as 145 10 the chairperson of the team. Members of the team are entitled 145 11 to receive reimbursement of actual expenses incurred in the 145 12 discharge of their duties. 145 13 3. The department of human services shall provide staff to 145 14 the team as determined by the division administrator of the 145 15 division of medical services. 145 16 4. The team shall do all of the following: 145 17 a. Provide a projection of medical assistance program and 145 18 administrative costs through June 30, 2008, based on services 145 19 provided as of June 30, 2004. 145 20 b. Hold at least four monthly public meetings, beginning 145 21 in July 2004, in at least four geographically balanced venues 145 22 around the state. The team shall submit a report of its 145 23 findings from these meetings to the general assembly on or 145 24 before December 1, 2004. 145 25 5. The team may provide any additional recommendations to 145 26 the general assembly at any time regarding the medical 145 27 assistance program including but not limited to 145 28 recommendations regarding services, eligibility, rates, care 145 29 management, and program administration. 145 30 6. The department of human services shall assist the team 145 31 as follows: 145 32 a. On or before July 1, 2004, the department shall submit 145 33 to the team and make available to the public an initial 145 34 analysis which includes all of the following data: 145 35 (1) The number of medical assistance program enrolled 146 1 eligibles by cohort grouped on the basis of factors such as 146 2 age, income, disability, and optional eligibility, for the 146 3 period beginning July 1, 1999, and ending June 30, 2004. 146 4 (2) A projection of the number of medical assistance 146 5 program enrolled eligibles in each of the cohorts identified 146 6 in subparagraph (1), for the period beginning July 1, 2005, 146 7 and ending June 30, 2008. The projection shall be accompanied 146 8 by a statement of the underlying assumptions. 146 9 (3) The actual cost of all services and of each service 146 10 for each cohort described in subparagraph (1), for the period 146 11 beginning July 1, 1999, and ending June 30, 2004. The 146 12 analysis of the data shall identify the total cost for each 146 13 cohort, the cost per member per month for each cohort, and the 146 14 twenty most utilized medical procedures or services and the 146 15 ten most prevalent diagnoses associated within each cohort. 146 16 The analysis of the data shall identify, to the greatest 146 17 extent possible, the reason for changes in total costs and the 146 18 costs per member, per month during the period, including but 146 19 not limited to rate adjustments, service utilization, and 146 20 eligibility growth. 146 21 (4) To the extent practical, a comparison of the rates 146 22 paid by commercial insurers to their Iowa provider network and 146 23 the rates paid by Medicare, with the rates paid by the medical 146 24 assistance program for the same services, for the fiscal year 146 25 beginning July 1, 2003, and ending June 30, 2004. 146 26 (5) An estimate of the program costs for the medical 146 27 assistance program for the period beginning July 1, 2005, and 146 28 ending June 30, 2008, based on all of the following 146 29 assumptions: 146 30 (a) The enrollment projections described in subparagraph 146 31 (2) and assuming reasonable change in service utilization 146 32 patterns, but no change in provider rates in effect on June 146 33 30, 2004. The projection shall include total and total 146 34 program costs per member, per month for each cohort and total 146 35 cost and the program cost per member per month for each cohort 147 1 for the period beginning July 1, 2005, and ending June 30, 147 2 2008. The assumptions used in developing the projections 147 3 shall be clearly stated. 147 4 (b) The enrollment projections described in subparagraph 147 5 (2) and assuming reasonable change in service utilization 147 6 patterns, and additionally assuming that all medical 147 7 assistance program fee for service rates are equal to ninety- 147 8 eight percent of the usual and customary charges for such 147 9 service in the fiscal year beginning July 1, 2003, and ending 147 10 June 30, 2004, and grow at an annual rate of two percent 147 11 annually through June 30, 2008, and assuming that commensurate 147 12 changes are made in rates paid to medical assistance program 147 13 managed care organizations. 147 14 (6) If the projections for later years exceed the spending 147 15 standard established in subparagraph (5), subparagraph 147 16 subdivision (b), a base rate and the annual inflation 147 17 adjustments that would result in spending being limited to the 147 18 spending standard established in that paragraph. 147 19 (7) A description of the cost, member, provider, and 147 20 service quality impact of all of the following: 147 21 (a) Application of medical assistance program allowable 147 22 limits on optional services. 147 23 (b) Service utilization control strategies including 147 24 managed care and prior authorization in the pharmacy, medical 147 25 and behavioral, and long-term care areas that have been 147 26 utilized in other states or jurisdictions that could 147 27 potentially be utilized in Iowa. The department shall 147 28 identify the administrative costs associated with each 147 29 strategy. 147 30 (c) Accessible disease management and enhanced primary 147 31 care case management strategies with particular attention to 147 32 the timing of costs and benefits. 147 33 (d) Accessible health promotion strategies and disease 147 34 prevention activities with particular attention to the timing 147 35 of costs and benefits. 148 1 (e) Enhanced surveillance and utilization review, revenue 148 2 collection, estate recovery, and cost avoidance activities in 148 3 future years. 148 4 (f) The federal Prescription Drug and Medicare Improvement 148 5 Act of 2003. 148 6 (g) The program options and cost savings potentially 148 7 associated with reducing the populations of intermediate care 148 8 facilities for the mentally retarded and nursing facilities 148 9 due to the availability of home and community-based services, 148 10 including consumer-directed home care. 148 11 b. The department shall present the analysis described in 148 12 paragraph "a" at the initial meeting of the team in July 2004. 148 13 The department shall adjust, expand, or otherwise modify its 148 14 analysis based on the requests of the team at its subsequent 148 15 monthly meetings and shall assist the team in compiling the 148 16 team's final report to the general assembly. 148 17 Sec. 152. REPORT – MEDICAID PROGRAM FINANCING. On or 148 18 before August 1, 2004, the department of human services shall 148 19 submit a report to the chairpersons and ranking members of the 148 20 joint appropriations subcommittee on health and human 148 21 services, the legislative services agency, the legislative 148 22 caucus staffs, and the medical assistance crisis intervention 148 23 team created in section 249A.35, providing recommendations to 148 24 reduce costs or provide revenue enhancements to reduce the 148 25 projected program and administrative costs of the medical 148 26 assistance program by $130,000,000 for the fiscal year 148 27 beginning July 1, 2005, and ending June 30, 2006. 148 28 Sec. 153. NEW SECTION. 505.25 INFORMATION PROVIDED TO 148 29 MEDICAL ASSISTANCE PROGRAM. 148 30 A carrier, as defined in section 514C.13, shall enter into 148 31 a health insurance data match program with the department of 148 32 human services for the sole purpose of comparing the names of 148 33 the carrier's insureds with the names of recipients of the 148 34 medical assistance program. 148 35 Sec. 154. 2001 Iowa Acts, chapter 192, section 4, 149 1 subsection 3, paragraphs e and f, are amended to read as 149 2 follows: 149 3 e. The department shall calculate the rate ceiling for the 149 4 direct-care cost component at 120 percent of the median of 149 5 case-mix adjusted costs. Nursing facilities with case-mix 149 6 adjusted costs at 95 percent of the median or greater, shall 149 7 receive an amount equal to their costs not to exceed 120 149 8 percent of the median. Nursing facilities with case-mix 149 9 adjusted costs below 95 percent of the median shall receive an 149 10 excess payment allowance by having their payment rate for the 149 11 direct-care cost component calculated as their case-mix 149 12 adjusted cost plus 100 percent of the difference between 95 149 13 percent of the median and their case-mix adjusted cost, not to 149 14 exceed 10 percent of the median of case-mix adjusted costs. 149 15 Beginning July 1, 2004, nursing facilities with case-mix 149 16 adjusted costs below 95 percent of the median shall receive an 149 17 excess payment allowance by having their payment rate for the 149 18 direct-care cost component calculated as their case-mix 149 19 adjusted cost plus 50 percent of the difference between 95 149 20 percent of the median and their case-mix adjusted cost, not to 149 21 exceed 10 percent of the median of case-mix adjusted costs. 149 22 Any excess payment allowance realized from the direct care 149 23 cost component of the modified price-based case-mix 149 24 reimbursement shall be expended to increase the compensation 149 25 of direct care workers or to increase the ratio of direct care 149 26 workers to residents. The department of human services shall 149 27 implement a new monitoring and reporting system to assess 149 28 compliance with the provisions of this paragraph. 149 29 f. The department shall calculate the rate ceiling for the 149 30 nondirect care cost component at 110 percent of the median of 149 31 non-case-mix adjusted costs. Nursing facilities with non- 149 32 case-mix adjusted costs at 96 percent of the median or greater 149 33 shall receive an amount equal to their costs not to exceed 110 149 34 percent of the median. Nursing facilities with non-case-mix 149 35 adjusted costs below 96 percent of the median shall receive an 150 1 excess payment allowance that is their costs plus 65 percent 150 2 of the difference between 96 percent of the median and their 150 3 non-case-mix adjusted costs, not to exceed 8 percent of the 150 4 median of non-case-mix adjusted costs. Beginning July 1, 150 5 2004, nursing facilities with non-case-mix adjusted costs 150 6 below 96 percent of the median shall receive an excess payment 150 7 allowance that is their costs plus 32.5 percent of the 150 8 difference between 96 percent of the median and their non- 150 9 case-mix adjusted costs, not to exceed 8 percent of the median 150 10 of non-case-mix adjusted costs. Any excess payment allowance 150 11 realized from the nondirect care cost component of the 150 12 modified price-based case-mix reimbursement shall be used to 150 13 fund quality of life improvements. The department of human 150 14 services shall implement a new monitoring and reporting system 150 15 to assess compliance with the provisions of this paragraph. 150 16 Sec. 155. 2002 Iowa Acts, chapter 1174, section 4, 150 17 unnumbered paragraph 3, as amended by 2002 Iowa Acts, Second 150 18 Extraordinary Session, chapter 1003, section 244, is amended 150 19 to read as follows: 150 20 Notwithstanding section 8.33, moneys appropriated under 150 21 this section that are unobligated or unencumbered at the end 150 22 of the fiscal year beginning July 1, 2002, and ending June 30, 150 23 2003, shall not revert, but shall remain available for the 150 24 specific purposes designated in this section until June 30, 150 2520042005. 150 26 Sec. 156. 2003 Iowa Acts, chapter 175, section 13, 150 27 subsection 2, as amended by 2003 Iowa Acts, First 150 28 Extraordinary Session, chapter 2, section 6, is amended to 150 29 read as follows: 150 30 2. The department may either continue or reprocure the 150 31 contract existing on June 30, 2003, with the department's 150 32 fiscal agent. If the department initiates reprocurement of 150 33 the contract, of the amount appropriated in this Act for the 150 34 medical assistance program, up to $500,000 may be used to 150 35 begin the implementation process. 151 1 Notwithstanding section 8.33, moneys appropriated in this 151 2 subsection that remain unencumbered or unobligated at the 151 3 close of the fiscal year shall not revert but shall remain 151 4 available for expenditure for the specific purposes designated 151 5 in this subsection until the close of the succeeding fiscal 151 6 year. 151 7 Sec. 157. 2003 Iowa Acts, chapter 175, section 9, is 151 8 amended by adding the following new subsection: 151 9 NEW SUBSECTION. 5. Notwithstanding section 8.33, moneys 151 10 appropriated in this section that were allocated by the 151 11 department for the purpose of meeting federal food stamp 151 12 electronic benefit transfer requirements that remain 151 13 unencumbered or unobligated at the close of the fiscal year 151 14 shall not revert but shall remain available for expenditure 151 15 for the purpose designated until the close of the succeeding 151 16 fiscal year. 151 17 Sec. 158. 2003 Iowa Acts, chapter 175, section 18, 151 18 subsection 9, is amended to read as follows: 151 19 9. Notwithstanding section 234.35, subsection 1, for the 151 20 fiscal year beginning July 1, 2003, state funding for shelter 151 21 care paid pursuant to section 234.35, subsection 1, paragraph 151 22 "h", shall be limited to$6,922,509$10,122,509. 151 23 Sec. 159. 2003 Iowa Acts, chapter 175, section 56, 151 24 subsection 2, paragraph g, is amended to read as follows: 151 25 g. Notwithstanding section 8.33, up to$500,000$1,000,000 151 26 of the Iowa veterans home revenues that remain unencumbered or 151 27 unobligated at the close of the fiscal year shall not revert 151 28 but shall remain available to be used in the succeeding fiscal 151 29 year. 151 30 Sec. 160. 2003 Iowa Acts, chapter 178, section 45, is 151 31 amended by adding the following new unnumbered paragraph: 151 32 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 151 33 moneys appropriated in this section that remain unencumbered 151 34 or unobligated at the close of the fiscal year shall not 151 35 revert but shall remain available for expenditure for the 152 1 child and family services until the close of the succeeding 152 2 fiscal year. 152 3 Sec. 161. 2003 Iowa Acts, chapter 179, section 2, 152 4 subsection 2, paragraph b, is amended to read as follows: 152 5 b.For deposit in the risk pool created in the property152 6tax relief fund and for distribution in accordance with152 7section 426B.5, subsection 2For medical assistance 152 8 reimbursement, in addition to other appropriations made for 152 9 purposes of the medical assistance program for the fiscal year 152 10 beginning July 1, 2004, and ending June 30, 2005: 152 11 .................................................. $ 2,000,000 152 12 Sec. 162. EFFECTIVE DATES. The following provisions of 152 13 this division of this Act, being deemed of immediate 152 14 importance, take effect upon enactment: 152 15 1. The provision under the appropriation for child and 152 16 family services, relating to requirements of section 232.143 152 17 for representatives of the department of human services and 152 18 juvenile court services to establish a plan for continuing 152 19 group foster care expenditures for the 2004-2005 fiscal year. 152 20 2. The provision under the appropriation for child and 152 21 family services, relating to the state court administrator 152 22 determining allocation of court-ordered services funding by 152 23 June 15, 2004. 152 24 3. The provision relating to nonreversion and prohibited 152 25 transfer of the appropriations for the medical assistance 152 26 program for the fiscal year beginning July 1, 2003, and ending 152 27 June 30, 2004. 152 28 4. The section of this division of this Act creating 152 29 section 249A.35, relating to the medical assistance crisis 152 30 intervention team, takes effect upon enactment. 152 31 5. The provisions in this division of this Act relating to 152 32 insurance carriers providing listings of insureds to the 152 33 department of human services including the provision creating 152 34 section 505.25. 152 35 6. The section of this division of this Act relating to 153 1 the adoption subsidy program. 153 2 7. The provision amending 2002 Iowa Acts, chapter 1174, 153 3 section 4, unnumbered paragraph 3, as amended by 2002 Iowa 153 4 Acts, Second Extraordinary Session, chapter 1003, section 244. 153 5 8. The provision amending 2003 Iowa Acts, chapter 175, 153 6 section 13, subsection 2, as amended by 2003 Iowa Acts, First 153 7 Extraordinary Session, chapter 2, section 6. 153 8 9. The provisions amending 2003 Iowa Acts, chapter 175, 153 9 section 9, section 18, subsection 9, and section 56. 153 10 10. The provision amending 2003 Iowa Acts, chapter 178, 153 11 section 45. 153 12 11. The provision amending 2003 Iowa Acts, chapter 179, 153 13 section 2, subsection 2, paragraph "b". 153 14 DIVISION VI 153 15 SENIOR LIVING AND HOSPITAL TRUST FUNDS 153 16 Sec. 163. DEPARTMENT OF ELDER AFFAIRS. There is 153 17 appropriated from the senior living trust fund created in 153 18 section 249H.4 to the department of elder affairs for the 153 19 fiscal year beginning July 1, 2004, and ending June 30, 2005, 153 20 the following amount, or so much thereof as is necessary, to 153 21 be used for the purpose designated: 153 22 For the development and implementation of a comprehensive 153 23 senior living program, including program administration and 153 24 costs associated with implementation, salaries, support, 153 25 maintenance, and miscellaneous purposes and for not more than 153 26 the following full-time equivalent positions: 153 27 .................................................. $ 8,222,118 153 28 ............................................... FTEs 2.00 153 29 1. It is the intent of the general assembly that the 153 30 department not transfer moneys appropriated to the department 153 31 for purposes of the assisted living program and adult day care 153 32 for the fiscal year beginning July 1, 2004. 153 33 2. Notwithstanding section 249H.7, the department of elder 153 34 affairs shall distribute up to $300,000 of the funds 153 35 appropriated in this section in a manner that will supplement 154 1 and maximize federal funds under the federal Older Americans 154 2 Act and shall not use the amount distributed for any 154 3 administrative purposes of either the department of elder 154 4 affairs or the area agencies on aging. 154 5 3. Of the moneys appropriated in this section, $60,000 154 6 shall be used for the provision of training to resident 154 7 advocate committees for elder group homes, as defined in 154 8 section 231B.1, and licensed health care facilities as defined 154 9 in section 135C.1. 154 10 4. Of the moneys appropriated in this section, $140,000 154 11 shall be used to provide two additional state long-term care 154 12 resident advocates. 154 13 5. Of the moneys appropriated in this section, $500,000 154 14 shall be used to provide case management services to elders 154 15 who are not eligible for the medical assistance program. 154 16 Sec. 164. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 154 17 appropriated from the senior living trust fund created in 154 18 section 249H.4 to the department of inspections and appeals 154 19 for the fiscal year beginning July 1, 2004, and ending June 154 20 30, 2005, the following amount, or so much thereof as is 154 21 necessary, to be used for the purpose designated: 154 22 For the inspection and certification of assisted living 154 23 facilities and adult day care services, including program 154 24 administration and costs associated with implementation, 154 25 salaries, support, maintenance, and miscellaneous purposes and 154 26 for not more than the following full-time equivalent 154 27 positions: 154 28 .................................................. $ 800,000 154 29 ............................................... FTEs 6.00 154 30 Sec. 165. DEPARTMENT OF HUMAN SERVICES. There is 154 31 appropriated from the senior living trust fund created in 154 32 section 249H.4 to the department of human services for the 154 33 fiscal year beginning July 1, 2004, and ending June 30, 2005, 154 34 the following amounts, or so much thereof as is necessary, to 154 35 be used for the purposes designated: 155 1 1. To provide grants to nursing facilities for conversion 155 2 to assisted living programs or to provide long-term care 155 3 alternatives, to provide grants to intermediate care 155 4 facilities for persons with mental retardation for conversion 155 5 to assisted living programs or home and community-based 155 6 services, to provide grants to long-term care providers for 155 7 development of long-term care alternatives, to develop less 155 8 restrictive community-based services for placement of persons 155 9 currently residing in state resource centers, and for other 155 10 purposes specified in this subsection: 155 11 .................................................. $ 20,000,000 155 12 a. Up to 25 percent of the amount appropriated in this 155 13 subsection may be used for development of less restrictive 155 14 community-based services, including community residential 155 15 living alternatives, with a significant focus on reducing the 155 16 numbers of persons served in state resource centers and other 155 17 intermediate care facilities for persons with mental 155 18 retardation as well as for activities designed to facilitate 155 19 the planning for or placement of such services and persons. 155 20 Services provided under this paragraph are not intended to 155 21 require the closure of nursing facilities. 155 22 b. Five million dollars of the moneys appropriated in this 155 23 subsection shall be transferred to the senior living revolving 155 24 loan program fund created in section 16.182 for the purposes 155 25 of that section. 155 26 c. Two million dollars of the moneys appropriated in this 155 27 subsection shall be transferred to the home and community- 155 28 based services revolving loan program fund created in section 155 29 16.183 for the purposes of that section. 155 30 d. Two million dollars of the moneys appropriated in this 155 31 subsection shall be transferred to the appropriation in this 155 32 Act from the general fund of the state for the medical 155 33 assistance program to be used to implement nursing facility 155 34 provider reimbursements as provided in 2001 Iowa Acts, chapter 155 35 192, section 4, subsection 2, paragraph "c". 156 1 2. To supplement the medical assistance appropriation, 156 2 including program administration and costs associated with 156 3 implementation, salaries, support, maintenance, and 156 4 miscellaneous purposes, and for not more than the following 156 5 full-time equivalent positions: 156 6 .................................................. $101,600,000 156 7 ............................................... FTEs 5.00 156 8 3. To provide reimbursement for health care services and 156 9 rent expenses to eligible persons through the home and 156 10 community-based services waiver and the state supplementary 156 11 assistance program, including program administration and data 156 12 system costs associated with implementation, salaries, 156 13 support, maintenance, and miscellaneous purposes: 156 14 .................................................. $ 1,733,406 156 15 Participation in the rent subsidy program shall be limited 156 16 to only those persons who are at risk for nursing facility 156 17 care. 156 18 4. To implement nursing facility provider reimbursements 156 19 as provided in 2001 Iowa Acts, chapter 192, section 4, 156 20 subsection 2, paragraph "c": 156 21 .................................................. $ 29,950,000 156 22 In order to carry out the purposes of this section, the 156 23 department shall transfer funds appropriated in this section 156 24 to supplement other appropriations made to the department of 156 25 human services. 156 26 5. Notwithstanding sections 249H.4 and 249H.5, the 156 27 department of human services may use moneys from the senior 156 28 living trust fund for cash flow purposes to make payments 156 29 under the nursing facility or hospital upper payment limit 156 30 methodology. The amount of any moneys so used shall be 156 31 refunded to the senior living trust fund within the same 156 32 fiscal year and in a prompt manner. 156 33 6. Notwithstanding section 8.33, moneys committed to 156 34 grantees under contract to provide for conversion to assisted 156 35 living programs or for development of long-term care 157 1 alternatives that remain unexpended at the close of the fiscal 157 2 year shall not revert to any fund but shall remain available 157 3 for expenditure for purposes of the contract. 157 4 Sec. 166. INSURANCE DIVISION OF THE DEPARTMENT OF 157 5 COMMERCE. There is appropriated from the senior living trust 157 6 fund created in section 249H.4 to the insurance division of 157 7 the department of commerce for the fiscal year beginning July 157 8 1, 2004, and ending June 30, 2005, the following amount, or so 157 9 much thereof as is necessary, to be used for the purpose 157 10 designated: 157 11 For administration of the long-term care insurance 157 12 partnership program including program administration and costs 157 13 associated with implementation, salaries, support, 157 14 maintenance, and miscellaneous purposes, and for not more than 157 15 the following full-time equivalent positions: 157 16 .................................................. $ 265,000 157 17 ............................................... FTEs 4.00 157 18 Sec. 167. CONVERSION GRANT PROJECTS – RULES. 157 19 1. For the fiscal year beginning July 1, 2004, and ending 157 20 June 30, 2005, the department of human services shall continue 157 21 to give greater weight in the scoring methodology to nursing 157 22 facility conversion projects that are primarily for the 157 23 renovation and remodeling of the existing nursing facility 157 24 structure and give less weight to conversion projects that are 157 25 primarily for new construction. The department of human 157 26 services shall encourage cooperative efforts between the 157 27 department of inspections and appeals, the state fire marshal, 157 28 and the grant applicant to promote the acceptance of nursing 157 29 facility conversion projects that are primarily renovation and 157 30 remodeling of the existing nursing facility structure. 157 31 2. For the fiscal year beginning July 1, 2004, and ending 157 32 June 30, 2005, the department of inspections and appeals shall 157 33 certify all assisted living programs established through 157 34 nursing facility conversion grants. The department of 157 35 inspections and appeals shall consult with conversion grant 158 1 applicants and recipients to establish and monitor occupancy 158 2 agreements and assisted living program residents shall be 158 3 allowed access to third-party payors. 158 4 Sec. 168. HOSPITAL TRUST FUND. There is appropriated from 158 5 the hospital trust fund created in section 249I.4 to the 158 6 department of human services for the fiscal year beginning 158 7 July 1, 2004, and ending June 30, 2005, the following amount, 158 8 or so much thereof as is necessary, to be used for the purpose 158 9 designated: 158 10 To supplement the appropriations made for the medical 158 11 assistance program for that fiscal year: 158 12 .................................................. $ 37,500,000 158 13 Sec. 169. MEDICAL ASSISTANCE PROGRAM – REVERSION TO 158 14 SENIOR LIVING TRUST FUND FOR FY 2004-2005. Notwithstanding 158 15 section 8.33, if moneys appropriated in this Act for purposes 158 16 of the medical assistance program for the fiscal year 158 17 beginning July 1, 2004, and ending June 30, 2005, from the 158 18 general fund of the state, the senior living trust fund, the 158 19 hospital trust fund, or the healthy Iowans tobacco trust fund 158 20 are in excess of actual expenditures for the medical 158 21 assistance program and remain unencumbered or unobligated at 158 22 the close of the fiscal year, the excess moneys shall not 158 23 revert but shall be transferred to the senior living trust 158 24 fund created in section 249H.4. 158 25 Sec. 170. NEW SECTION. 16.182 SENIOR LIVING REVOLVING 158 26 LOAN PROGRAM FUND. 158 27 1. A senior living revolving loan program fund is created 158 28 within the authority to further the goal of the senior living 158 29 program as specified in section 249H.2. The moneys in the 158 30 senior living revolving loan program fund shall be used by the 158 31 authority for the development and operation of a revolving 158 32 loan program to provide financing to construct affordable 158 33 assisted living and service-enriched affordable housing for 158 34 seniors and persons with disabilities, including through new 158 35 construction or acquisition and rehabilitation. 159 1 2. Moneys received by the authority from the senior living 159 2 trust fund, transferred by the authority for deposit in the 159 3 senior living revolving loan program fund, moneys appropriated 159 4 to the senior living revolving loan program, and any other 159 5 moneys available to and obtained or accepted by the authority 159 6 for placement in the senior living revolving loan program fund 159 7 shall be deposited in the fund. Additionally, payment of 159 8 interest, recaptures of awards, and other repayments to the 159 9 senior living revolving loan program fund shall be deposited 159 10 in the fund. Notwithstanding section 12C.7, subsection 2, 159 11 interest or earnings on moneys in the senior living revolving 159 12 loan program fund shall be credited to the fund. 159 13 Notwithstanding section 8.33, moneys that remain unencumbered 159 14 or unobligated at the end of the fiscal year shall not revert 159 15 but shall remain available for the same purpose in the 159 16 succeeding fiscal year. 159 17 3. The authority shall annually allocate moneys available 159 18 in the senior living revolving loan program fund for the 159 19 development of affordable assisted living and service-enriched 159 20 affordable housing for seniors and persons with disabilities. 159 21 The authority shall develop a joint application process for 159 22 the allocation of federal low-income housing tax credits and 159 23 funds available under this section. Moneys allocated to such 159 24 developments may be in the form of loans, grants, or a 159 25 combination of loans and grants. 159 26 4. The authority shall adopt rules pursuant to chapter 17A 159 27 to administer this section. 159 28 Sec. 171. NEW SECTION. 16.183 HOME AND COMMUNITY-BASED 159 29 SERVICES REVOLVING LOAN PROGRAM FUND. 159 30 1. A home and community-based services revolving loan 159 31 program fund is created within the authority to further the 159 32 goals specified in section 231.3, adult day services, respite 159 33 services, and congregate meals. The moneys in the home and 159 34 community-based services revolving loan program fund shall be 159 35 used by the authority for the development and operation of a 160 1 revolving loan program to develop and expand facilities and 160 2 infrastructure that provide adult day services, respite 160 3 services, and congregate meals that address the needs of 160 4 persons with low incomes. 160 5 2. Moneys received by the authority from the senior living 160 6 trust fund, transferred by the authority for deposit in the 160 7 home and community-based services revolving loan program fund, 160 8 moneys appropriated to the home and community-based services 160 9 revolving loan program, and any other moneys available to and 160 10 obtained or accepted by the authority for placement in the 160 11 home and community-based services revolving loan program fund 160 12 shall be deposited in the fund. Additionally, payment of 160 13 interest, recaptures of awards, and other repayments to the 160 14 senior living revolving loan program fund shall be deposited 160 15 in the fund. Notwithstanding section 12C.7, subsection 2, 160 16 interest or earnings on moneys in the home and community-based 160 17 services revolving loan program fund shall be credited to the 160 18 fund. Notwithstanding section 8.33, moneys that remain 160 19 unencumbered or unobligated at the end of the fiscal year 160 20 shall not revert but shall remain available for the same 160 21 purpose in the succeeding fiscal year. 160 22 3. The authority, in cooperation with the department of 160 23 elder affairs, shall annually allocate moneys available in the 160 24 home and community-based services revolving loan program fund 160 25 to develop and expand facilities and infrastructure that 160 26 provide adult day services, respite services, and congregate 160 27 meals that address the needs of persons with low incomes. 160 28 4. The authority shall adopt rules pursuant to chapter 17A 160 29 to administer this section. 160 30 DIVISION VII 160 31 MENTAL HEALTH, MENTAL RETARDATION, 160 32 DEVELOPMENTAL DISABILITIES, 160 33 AND BRAIN INJURY SERVICES 160 34 Sec. 172. COUNTY HOSPITALS. There is appropriated from 160 35 the general fund of the state to the department of human 161 1 services for the fiscal year beginning July 1, 2004, and 161 2 ending June 30, 2005, the following amount, or so much thereof 161 3 as is necessary, for the purpose designated: 161 4 For support of mental health care services provided to 161 5 persons who are elderly or poor by county hospitals in 161 6 counties having a population of two hundred twenty-five 161 7 thousand or more: 161 8 .................................................. $ 200,000 161 9 Sec. 173. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 161 10 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ALLOCATIONS 161 11 – FISCAL YEAR 2005-2006. 161 12 1. There is appropriated from the general fund of the 161 13 state to the department of human services for the fiscal year 161 14 beginning July 1, 2005, and ending June 30, 2006, the 161 15 following amount, or so much thereof as is necessary, to be 161 16 used for the purpose designated: 161 17 For distribution to counties of the county mental health, 161 18 mental retardation, and developmental disabilities allowed 161 19 growth factor adjustment, as provided in this section in lieu 161 20 of the provisions of section 331.438, subsection 2, and 161 21 section 331.439, subsection 3, and chapter 426B: 161 22 .................................................. $ 28,507,362 161 23 2. The funding appropriated in this section is the allowed 161 24 growth factor adjustment for fiscal year 2005-2006, and is 161 25 allocated as follows: 161 26 a. For distribution to counties for fiscal year 2005-2006 161 27 in accordance with the formula in section 331.438, subsection 161 28 2, paragraph "b": 161 29 .................................................. $ 12,000,000 161 30 b. For deposit in the per capita expenditure target pool 161 31 created in the property tax relief fund and for distribution 161 32 in accordance with section 426B.5, subsection 1: 161 33 .................................................. $ 14,507,362 161 34 c. For deposit in the risk pool created in the property 161 35 tax relief fund and for distribution in accordance with 162 1 section 426B.5, subsection 2: 162 2 .................................................. $ 2,000,000 162 3 Sec. 174. Section 331.438, subsection 4, paragraph b, Code 162 4 2003, is amended by adding the following new subparagraph: 162 5 NEW SUBPARAGRAPH. (16) Develop a procedure for each 162 6 county to disclose to the department of human services 162 7 information approved by the commission concerning the mental 162 8 health, mental retardation, developmental disabilities, and 162 9 brain injury services provided to the individuals served 162 10 through the county central point of coordination process. The 162 11 procedure shall incorporate protections to ensure that if 162 12 individually identified information is disclosed, it is 162 13 disclosed and maintained in compliance with applicable Iowa 162 14 and federal confidentiality laws, including but not limited to 162 15 federal Health Insurance Portability and Accountability Act 162 16 requirements. 162 17 Sec. 175. 2003 Iowa Acts, chapter 179, section 2, is 162 18 amended by adding the following new subsections: 162 19 NEW SUBSECTION. 3. The following formula amounts shall be 162 20 utilized only to calculate preliminary distribution amounts 162 21 for fiscal year 2004-2005 under this section by applying the 162 22 indicated formula provisions to the formula amounts and 162 23 producing a preliminary distribution total for each county: 162 24 a. For calculation of an allowed growth factor adjustment 162 25 amount for each county in accordance with the formula in 162 26 section 331.438, subsection 2, paragraph "b": 162 27 .................................................. $ 12,000,000 162 28 b. For calculation of a distribution amount for eligible 162 29 counties from the per capita expenditure target pool created 162 30 in the property tax relief fund in accordance with the 162 31 requirements in section 426B.5, subsection 1: 162 32 .................................................. $ 19,157,111 162 33 c. For calculation of a distribution amount for counties 162 34 from the mental health and developmental disabilities (MH/DD) 162 35 community services fund in accordance with the formula 163 1 provided in the appropriation made for the MH/DD community 163 2 services fund for the fiscal year beginning July 1, 2003: 163 3 .................................................. $ 17,727,890 163 4 NEW SUBSECTION. 4. After applying the applicable 163 5 statutory distribution formulas to the amounts indicated in 163 6 subsection 3 for purposes of producing preliminary 163 7 distribution totals, the department of human services shall 163 8 apply a withholding factor to adjust an eligible individual 163 9 county's preliminary distribution total. An ending balance 163 10 percentage for each county shall be determined by expressing 163 11 the county's ending balance on a modified accrual basis under 163 12 generally accepted accounting principles for the fiscal year 163 13 beginning July 1, 2003, in the county's mental health, mental 163 14 retardation, and developmental disabilities services fund 163 15 created under section 331.424A, as a percentage of the 163 16 county's gross expenditures from that fund for that fiscal 163 17 year. The withholding factor for a county shall be the 163 18 following applicable percent: 163 19 a. For an ending balance percentage of less than 10 163 20 percent, a withholding factor of 0 percent. In addition to 163 21 the county's adjusted distribution total, a county that is 163 22 subject to this paragraph "a" shall receive an inflation 163 23 adjustment equal to 2.6 percent of the gross expenditures 163 24 reported for the county's services fund for that fiscal year. 163 25 b. For an ending balance percentage of 10 through 24 163 26 percent, a withholding factor of 25 percent. However, the 163 27 amount withheld shall be limited to the amount by which the 163 28 county's ending balance was in excess of the ending balance 163 29 percentage of 10 percent. 163 30 c. For an ending balance percentage of 25 percent or more, 163 31 a withholding factor of 100 percent. 163 32 NEW SUBSECTION. 5. The total withholding amounts applied 163 33 pursuant to subsection 4 shall be equal to a withholding 163 34 target amount of $9,418,362. If the department of human 163 35 services determines that the amount to be withheld in 164 1 accordance with subsection 4 is not equal to the target 164 2 withholding amount, the department shall adjust the 164 3 withholding factors listed in subsection 4 as necessary to 164 4 achieve the withholding target amount. However, in making 164 5 such adjustments to the withholding factors, the department 164 6 shall strive to minimize changes to the withholding factors 164 7 for those ending balance percentage ranges that are lower than 164 8 others and shall not adjust the zero withholding factor or the 164 9 inflation adjustment percentage specified in subsection 4, 164 10 paragraph "a". 164 11 NEW SUBSECTION. 6. Each county shall submit a report to 164 12 the Iowa state association of counties to be shared with the 164 13 legislative services agency on or before January 31, 2005, 164 14 regarding the unaudited expenditures from the county's mental 164 15 health, mental retardation, and developmental disabilities 164 16 services fund. 164 17 DIVISION VIII 164 18 JUDICIAL BRANCH 164 19 Sec. 176. JUDICIAL BRANCH. There is appropriated from the 164 20 general fund of the state to the judicial branch for the 164 21 fiscal year beginning July 1, 2004, and ending June 30, 2005, 164 22 the following amount, or so much thereof as is necessary, to 164 23 be used for the purposes designated: 164 24 For salaries of supreme court justices, appellate court 164 25 judges, district court judges, district associate judges, 164 26 judicial magistrates and staff, state court administrator, 164 27 clerk of the supreme court, district court administrators, 164 28 clerks of the district court, juvenile court officers, board 164 29 of law examiners and board of examiners of shorthand reporters 164 30 and judicial qualifications commission, receipt and 164 31 disbursement of child support payments, reimbursement of the 164 32 auditor of state for expenses incurred in completing audits of 164 33 the offices of the clerks of the district court during the 164 34 fiscal year beginning July 1, 2004, and maintenance, 164 35 equipment, and miscellaneous purposes: 165 1 .................................................. $117,837,862 165 2 1. The judicial branch, except for purposes of internal 165 3 processing, shall use the current state budget system, the 165 4 state payroll system, and the Iowa finance and accounting 165 5 system in administration of programs and payments for 165 6 services, and shall not duplicate the state payroll, 165 7 accounting, and budgeting systems. 165 8 2. The judicial branch shall submit monthly financial 165 9 statements to the legislative services agency and the 165 10 department of management containing all appropriated accounts 165 11 in the same manner as provided in the monthly financial status 165 12 reports and personal services usage reports of the department 165 13 of administrative services. The monthly financial statements 165 14 shall include a comparison of the dollars and percentage spent 165 15 of budgeted versus actual revenues and expenditures on a 165 16 cumulative basis for full-time equivalent positions and 165 17 dollars. 165 18 3. The judicial branch shall focus efforts upon the 165 19 collection of delinquent fines, penalties, court costs, fees, 165 20 surcharges, or similar amounts. 165 21 4. It is the intent of the general assembly that the 165 22 offices of the clerks of the district court operate in all 165 23 ninety-nine counties and be accessible to the public as much 165 24 as is reasonably possible in order to address the relative 165 25 needs of the citizens of each county. 165 26 5. The judicial branch shall study the best practices and 165 27 efficiencies of each judicial district. In identifying the 165 28 most efficient judicial districts and the districts using best 165 29 practices, the judicial branch shall consider the average cost 165 30 to the judicial branch for processing each classification of 165 31 criminal offense or civil action and the overall number of 165 32 cases filed. The judicial branch shall file a report 165 33 regarding the study made and actions taken pursuant to this 165 34 subsection with the cochairpersons and ranking members of the 165 35 joint appropriations subcommittee on the justice system and to 166 1 the legislative services agency by December 15, 2004. 166 2 6. In addition to the requirements for transfers under 166 3 section 8.39, the judicial branch shall not change the 166 4 appropriations from the amounts appropriated to the judicial 166 5 branch in this division of this Act, unless notice of the 166 6 revisions is given prior to their effective date to the 166 7 legislative services agency. The notice shall include 166 8 information on the branch's rationale for making the changes 166 9 and details concerning the workload and performance measures 166 10 upon which the changes are based. 166 11 7. The judicial branch shall submit a semiannual update to 166 12 the legislative services agency specifying the amounts of 166 13 fines, surcharges, and court costs collected using the Iowa 166 14 court information system since the last report. The judicial 166 15 branch shall continue to facilitate the sharing of vital 166 16 sentencing and other information with other state departments 166 17 and governmental agencies involved in the criminal justice 166 18 system through the Iowa court information system. 166 19 8. The judicial branch shall provide a report to the 166 20 general assembly by January 1, 2005, concerning the amounts 166 21 received and expended from the enhanced court collections fund 166 22 created in section 602.1304 and the court technology and 166 23 modernization fund created in section 602.8108, subsection 5, 166 24 during the fiscal year beginning July 1, 2003, and ending June 166 25 30, 2004, and the plans for expenditures from each fund during 166 26 the fiscal year beginning July 1, 2004, and ending June 30, 166 27 2005. A copy of the report shall be provided to the 166 28 legislative services agency. 166 29 Sec. 177. JUDICIAL RETIREMENT FUND. There is appropriated 166 30 from the general fund of the state to the judicial retirement 166 31 fund for the fiscal year beginning July 1, 2004, and ending 166 32 June 30, 2005, the following amount, or so much thereof as is 166 33 necessary, to be used for the purpose designated: 166 34 Notwithstanding section 602.9104, for the state's 166 35 contribution to the judicial retirement fund in the amount of 167 1 9.71 percent of the basic salaries of the judges covered under 167 2 chapter 602, article 9: 167 3 .................................................. $ 2,039,664 167 4 Sec. 178. APPOINTMENT OF CLERK OF COURT. The appointment 167 5 of a clerk of the district court shall not occur unless the 167 6 state court administrator approves the appointment. 167 7 Sec. 179. POSTING OF REPORTS IN ELECTRONIC FORMAT – 167 8 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 167 9 required to be provided by the judicial branch for fiscal year 167 10 2004-2005 to the legislative services agency shall be provided 167 11 in an electronic format. The legislative services agency 167 12 shall post the reports on its internet site and shall notify 167 13 by electronic means all the members of the joint 167 14 appropriations subcommittee on the justice system when a 167 15 report is posted. Upon request, copies of the reports may be 167 16 mailed to members of the joint appropriations subcommittee on 167 17 the justice system. 167 18 DIVISION IX 167 19 JUSTICE SYSTEM 167 20 Sec. 180. DEPARTMENT OF JUSTICE. 167 21 1. There is appropriated from the general fund of the 167 22 state to the department of justice for the fiscal year 167 23 beginning July 1, 2004, and ending June 30, 2005, the 167 24 following amounts, or so much thereof as is necessary, to be 167 25 used for the purposes designated: 167 26 a. For the general office of attorney general for 167 27 salaries, support, maintenance, miscellaneous purposes 167 28 including the prosecuting attorneys training program, victim 167 29 assistance grants, office of drug control policy (ODCP) 167 30 prosecuting attorney program, legal services for persons in 167 31 poverty grants as provided in section 13.34, odometer fraud 167 32 enforcement, and for not more than the following full-time 167 33 equivalent positions: 167 34 .................................................. $ 7,565,245 167 35 ............................................... FTEs 208.50 168 1 It is the intent of the general assembly that as a 168 2 condition of receiving the appropriation provided in this 168 3 lettered paragraph, the department of justice shall maintain a 168 4 record of the estimated time incurred representing each agency 168 5 or department. 168 6 b. For victim assistance grants: 168 7 .................................................. $ 5,000 168 8 The funds appropriated in this lettered paragraph shall be 168 9 used to provide grants to care providers providing services to 168 10 crime victims of domestic abuse or to crime victims of rape 168 11 and sexual assault. 168 12 2. In addition to the funds appropriated in subsection 1, 168 13 there is appropriated from the general fund of the state to 168 14 the department of justice for the fiscal year beginning July 168 15 1, 2004, and ending June 30, 2005, an amount not exceeding 168 16 $200,000 to be used for the enforcement of the Iowa 168 17 competition law. The funds appropriated in this subsection 168 18 are contingent upon receipt by the general fund of the state 168 19 of an amount at least equal to the expenditure amount from 168 20 either damages awarded to the state or a political subdivision 168 21 of the state by a civil judgment under chapter 553, if the 168 22 judgment authorizes the use of the award for enforcement 168 23 purposes or costs or attorneys fees awarded the state in state 168 24 or federal antitrust actions. However, if the amounts 168 25 received as a result of these judgments are in excess of 168 26 $200,000, the excess amounts shall not be appropriated to the 168 27 department of justice pursuant to this subsection. The 168 28 department of justice shall report the department's actual 168 29 costs and an estimate of the time incurred enforcing the 168 30 competition law, to the cochairpersons and ranking members of 168 31 the joint appropriations subcommittee on the justice system, 168 32 and to the legislative services agency by November 15, 2004. 168 33 3. In addition to the funds appropriated in subsection 1, 168 34 there is appropriated from the general fund of the state to 168 35 the department of justice for the fiscal year beginning July 169 1 1, 2004, and ending June 30, 2005, an amount not exceeding 169 2 $1,125,000 to be used for public education relating to 169 3 consumer fraud and for enforcement of section 714.16, and an 169 4 amount not exceeding $75,000 for investigation, prosecution, 169 5 and consumer education relating to consumer and criminal fraud 169 6 against older Iowans. The funds appropriated in this 169 7 subsection are contingent upon receipt by the general fund of 169 8 the state of an amount at least equal to the expenditure 169 9 amount from damages awarded to the state or a political 169 10 subdivision of the state by a civil consumer fraud judgment or 169 11 settlement, if the judgment or settlement authorizes the use 169 12 of the award for public education on consumer fraud. However, 169 13 if the funds received as a result of these judgments and 169 14 settlements are in excess of $1,200,000, the excess funds 169 15 shall not be appropriated to the department of justice 169 16 pursuant to this subsection. The department of justice shall 169 17 report to the cochairpersons and ranking members of the joint 169 18 appropriations subcommittee on the justice system, and to the 169 19 legislative services agency by November 15, 2004, the 169 20 department's actual costs and an estimate of the time incurred 169 21 in providing education pursuant to and enforcing this 169 22 subsection. 169 23 4. The balance of the victim compensation fund established 169 24 in section 915.94 may be used to provide salary and support of 169 25 not more than 20.00 FTEs and to provide maintenance for the 169 26 victim compensation functions of the department of justice. 169 27 5. a. The department of justice, in submitting budget 169 28 estimates for the fiscal year commencing July 1, 2005, 169 29 pursuant to section 8.23, shall include a report of funding 169 30 from sources other than amounts appropriated directly from the 169 31 general fund of the state to the department of justice or to 169 32 the office of consumer advocate. These funding sources shall 169 33 include, but are not limited to, reimbursements from other 169 34 state agencies, commissions, boards, or similar entities, and 169 35 reimbursements from special funds or internal accounts within 170 1 the department of justice. The department of justice shall 170 2 report actual reimbursements for the fiscal year commencing 170 3 July 1, 2003, and actual and expected reimbursements for the 170 4 fiscal year commencing July 1, 2004. 170 5 b. The department of justice shall include the report 170 6 required under paragraph "a", as well as information regarding 170 7 any revisions occurring as a result of reimbursements actually 170 8 received or expected at a later date, in a report to the 170 9 cochairpersons and ranking members of the joint appropriations 170 10 subcommittee on the justice system and the legislative 170 11 services agency. The department of justice shall submit the 170 12 report on or before January 15, 2005. 170 13 Sec. 181. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 170 14 INVESTIGATION AND PROSECUTION – FUNDING. There is 170 15 appropriated from the environmental crime fund of the 170 16 department of justice, consisting of court-ordered fines and 170 17 penalties awarded to the department arising out of the 170 18 prosecution of environmental crimes, to the department of 170 19 justice for the fiscal year beginning July 1, 2004, and ending 170 20 June 30, 2005, an amount not exceeding $20,000 to be used by 170 21 the department, at the discretion of the attorney general, for 170 22 the investigation and prosecution of environmental crimes, 170 23 including the reimbursement of expenses incurred by county, 170 24 municipal, and other local governmental agencies cooperating 170 25 with the department in the investigation and prosecution of 170 26 environmental crimes. 170 27 The funds appropriated in this section are contingent upon 170 28 receipt by the environmental crime fund of the department of 170 29 justice of an amount at least equal to the appropriations made 170 30 in this section and received from contributions, court-ordered 170 31 restitution as part of judgments in criminal cases, and 170 32 consent decrees entered into as part of civil or regulatory 170 33 enforcement actions. However, if the funds received during 170 34 the fiscal year are in excess of $20,000, the excess funds 170 35 shall be deposited in the general fund of the state. 171 1 Notwithstanding section 8.33, moneys appropriated in this 171 2 section that remain unencumbered or unobligated at the close 171 3 of the fiscal year shall not revert but shall remain available 171 4 for expenditure for the purpose designated until the close of 171 5 the succeeding fiscal year. 171 6 Sec. 182. OFFICE OF CONSUMER ADVOCATE. There is 171 7 appropriated from the general fund of the state to the office 171 8 of consumer advocate of the department of justice for the 171 9 fiscal year beginning July 1, 2004, and ending June 30, 2005, 171 10 the following amount, or so much thereof as is necessary, to 171 11 be used for the purposes designated: 171 12 For salaries, support, maintenance, miscellaneous purposes, 171 13 and for not more than the following full-time equivalent 171 14 positions: 171 15 .................................................. $ 2,803,862 171 16 ............................................... FTEs 27.00 171 17 Sec. 183. DEPARTMENT OF CORRECTIONS – FACILITIES. 171 18 1. There is appropriated from the general fund of the 171 19 state to the department of corrections for the fiscal year 171 20 beginning July 1, 2004, and ending June 30, 2005, the 171 21 following amounts, or so much thereof as is necessary, to be 171 22 used for the purposes designated: 171 23 For the operation of adult correctional institutions, 171 24 reimbursement of counties for certain confinement costs, and 171 25 federal prison reimbursement, to be allocated as follows: 171 26 a. For the operation of the Fort Madison correctional 171 27 facility, including salaries, support, maintenance, and 171 28 miscellaneous purposes: 171 29 .................................................. $ 38,009,504 171 30 b. For the operation of the Anamosa correctional facility, 171 31 including salaries, support, maintenance, and miscellaneous 171 32 purposes: 171 33 .................................................. $ 26,913,551 171 34 Moneys are provided within this appropriation for one full- 171 35 time substance abuse counselor for the Luster Heights 172 1 facility, for the purpose of certification of a substance 172 2 abuse program at that facility. 172 3 c. For the operation of the Oakdale correctional facility, 172 4 including salaries, support, maintenance, and miscellaneous 172 5 purposes: 172 6 .................................................. $ 23,536,936 172 7 d. For the operation of the Newton correctional facility, 172 8 including salaries, support, maintenance, and miscellaneous 172 9 purposes: 172 10 .................................................. $ 24,533,794 172 11 e. For the operation of the Mt. Pleasant correctional 172 12 facility, including salaries, support, maintenance, and 172 13 miscellaneous purposes: 172 14 .................................................. $ 22,464,361 172 15 f. For the operation of the Rockwell City correctional 172 16 facility, including salaries, support, maintenance, and 172 17 miscellaneous purposes: 172 18 .................................................. $ 7,772,369 172 19 g. For the operation of the Clarinda correctional 172 20 facility, including salaries, support, maintenance, and 172 21 miscellaneous purposes: 172 22 .................................................. $ 22,518,204 172 23 Moneys received by the department of corrections as 172 24 reimbursement for services provided to the Clarinda youth 172 25 corporation are appropriated to the department and shall be 172 26 used for the purpose of operating the Clarinda correctional 172 27 facility. 172 28 h. For the operation of the Mitchellville correctional 172 29 facility, including salaries, support, maintenance, and 172 30 miscellaneous purposes: 172 31 .................................................. $ 13,190,260 172 32 i. For the operation of the Fort Dodge correctional 172 33 facility, including salaries, support, maintenance, and 172 34 miscellaneous purposes: 172 35 .................................................. $ 25,880,530 173 1 j. For reimbursement of counties for temporary confinement 173 2 of work release and parole violators, as provided in sections 173 3 901.7, 904.908, and 906.17 and for offenders confined pursuant 173 4 to section 904.513: 173 5 .................................................. $ 674,954 173 6 k. For federal prison reimbursement, reimbursements for 173 7 out-of-state placements, and miscellaneous contracts: 173 8 .................................................. $ 241,293 173 9 The department of corrections shall use funds appropriated 173 10 in this subsection to continue to contract for the services of 173 11 a Muslim imam. 173 12 Sec. 184. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 173 13 1. There is appropriated from the general fund of the 173 14 state to the department of corrections for the fiscal year 173 15 beginning July 1, 2004, and ending June 30, 2005, the 173 16 following amounts, or so much thereof as is necessary, to be 173 17 used for the purposes designated: 173 18 a. For general administration, including salaries, 173 19 support, maintenance, employment of an education director to 173 20 administer a centralized education program for the 173 21 correctional system, and miscellaneous purposes: 173 22 .................................................. $ 2,784,393 173 23 (1) It is the intent of the general assembly that as a 173 24 condition of receiving the appropriation provided in this 173 25 lettered paragraph, the department of corrections shall not, 173 26 except as otherwise provided in subparagraph (3), enter into a 173 27 new contract, unless the contract is a renewal of an existing 173 28 contract, for the expenditure of moneys in excess of $100,000 173 29 during the fiscal year beginning July 1, 2004, for the 173 30 privatization of services performed by the department using 173 31 state employees as of July 1, 2004, or for the privatization 173 32 of new services by the department, without prior consultation 173 33 with any applicable state employee organization affected by 173 34 the proposed new contract and prior notification of the 173 35 cochairpersons and ranking members of the joint appropriations 174 1 subcommittee on the justice system. 174 2 (2) It is the intent of the general assembly that each 174 3 lease negotiated by the department of corrections with a 174 4 private corporation for the purpose of providing private 174 5 industry employment of inmates in a correctional institution 174 6 shall prohibit the private corporation from utilizing inmate 174 7 labor for partisan political purposes for any person seeking 174 8 election to public office in this state and that a violation 174 9 of this requirement shall result in a termination of the lease 174 10 agreement. 174 11 (3) It is the intent of the general assembly that as a 174 12 condition of receiving the appropriation provided in this 174 13 lettered paragraph, the department of corrections shall not 174 14 enter into a lease or contractual agreement pursuant to 174 15 section 904.809 with a private corporation for the use of 174 16 building space for the purpose of providing inmate employment 174 17 without providing that the terms of the lease or contract 174 18 establish safeguards to restrict, to the greatest extent 174 19 feasible, access by inmates working for the private 174 20 corporation to personal identifying information of citizens. 174 21 b. For educational programs for inmates at state penal 174 22 institutions: 174 23 .................................................. $ 1,008,358 174 24 It is the intent of the general assembly that moneys 174 25 appropriated in this lettered paragraph shall be used solely 174 26 for the purpose indicated and that the moneys shall not be 174 27 transferred for any other purpose. In addition, it is the 174 28 intent of the general assembly that the department shall 174 29 consult with the community colleges in the areas in which the 174 30 institutions are located to utilize moneys appropriated in 174 31 this lettered paragraph to fund the high school completion, 174 32 high school equivalency diploma, adult literacy, and adult 174 33 basic education programs in a manner so as to maintain these 174 34 programs at the institutions. 174 35 To maximize the funding for educational programs, the 175 1 department shall establish guidelines and procedures to 175 2 prioritize the availability of educational and vocational 175 3 training for inmates based upon the goal of facilitating an 175 4 inmate's successful release from the correctional institution. 175 5 The director of the department of corrections may transfer 175 6 moneys from Iowa prison industries for use in educational 175 7 programs for inmates. 175 8 Notwithstanding section 8.33, moneys appropriated in this 175 9 lettered paragraph that remain unobligated or unexpended at 175 10 the close of the fiscal year shall not revert but shall remain 175 11 available for expenditure only for the purpose designated in 175 12 this lettered paragraph until the close of the succeeding 175 13 fiscal year. 175 14 c. For the development of the Iowa corrections offender 175 15 network (ICON) data system: 175 16 .................................................. $ 427,700 175 17 2. It is the intent of the general assembly that the 175 18 department of corrections shall continue to operate the 175 19 correctional farms under the control of the department at the 175 20 same or greater level of participation and involvement as 175 21 existed as of January 1, 2004, shall not enter into any rental 175 22 agreement or contract concerning any farmland under the 175 23 control of the department that is not subject to a rental 175 24 agreement or contract as of January 1, 2004, without prior 175 25 legislative approval, and shall further attempt to provide job 175 26 opportunities at the farms for inmates. The department shall 175 27 attempt to provide job opportunities at the farms for inmates 175 28 by encouraging labor-intensive farming or gardening where 175 29 appropriate, using inmates to grow produce and meat for 175 30 institutional consumption, researching the possibility of 175 31 instituting food canning and cook-and-chill operations, and 175 32 exploring opportunities for organic farming and gardening, 175 33 livestock ventures, horticulture, and specialized crops. 175 34 3. The department shall work to increase produce gardening 175 35 by inmates under the control of the correctional institutions, 176 1 and, if appropriate, may use the central distribution network 176 2 at the Woodward state resource center. The department shall 176 3 file a report with the cochairpersons and ranking members of 176 4 the joint appropriations subcommittee on the justice system by 176 5 December 1, 2004, regarding the feasibility of expanding the 176 6 number of acres devoted to organic gardening and to the 176 7 growing of organic produce for sale. 176 8 4. The department of corrections shall submit a report to 176 9 the general assembly by January 1, 2005, concerning moneys 176 10 recouped from inmate earnings for the reimbursement of 176 11 operational expenses of the applicable facility during the 176 12 fiscal year beginning July 1, 2003, for each correctional 176 13 institution and judicial district department of correctional 176 14 services. In addition, each correctional institution and 176 15 judicial district department of correctional services shall 176 16 continue to submit a report to the legislative services agency 176 17 on a monthly basis concerning moneys recouped from inmate 176 18 earnings pursuant to sections 904.702, 904.809, and 905.14. 176 19 5. The department of corrections, in consultation with the 176 20 board of parole, shall study the feasibility of establishing a 176 21 mentoring program using unpaid volunteers to mentor persons 176 22 who are on probation or parole. The department of corrections 176 23 shall file a report regarding the study with the 176 24 cochairpersons and ranking members of the joint appropriations 176 25 subcommittee on the justice system, and the legislative 176 26 services agency by December 15, 2004. The report shall detail 176 27 the feasibility of establishing such a mentoring program. 176 28 Sec. 185. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 176 29 SERVICES. 176 30 1. There is appropriated from the general fund of the 176 31 state to the department of corrections for the fiscal year 176 32 beginning July 1, 2004, and ending June 30, 2005, the 176 33 following amounts, or so much thereof as is necessary, to be 176 34 allocated as follows: 176 35 a. For the first judicial district department of 177 1 correctional services, including the treatment and supervision 177 2 of probation and parole violators who have been released from 177 3 the department of corrections violator program, the following 177 4 amount, or so much thereof as is necessary: 177 5 .................................................. $ 10,090,207 177 6 b. For the second judicial district department of 177 7 correctional services, including the treatment and supervision 177 8 of probation and parole violators who have been released from 177 9 the department of corrections violator program, the following 177 10 amount, or so much thereof as is necessary: 177 11 .................................................. $ 7,755,402 177 12 c. For the third judicial district department of 177 13 correctional services, including the treatment and supervision 177 14 of probation and parole violators who have been released from 177 15 the department of corrections violator program, the following 177 16 amount, or so much thereof as is necessary: 177 17 .................................................. $ 4,631,423 177 18 d. For the fourth judicial district department of 177 19 correctional services, including the treatment and supervision 177 20 of probation and parole violators who have been released from 177 21 the department of corrections violator program, the following 177 22 amount, or so much thereof as is necessary: 177 23 .................................................. $ 4,248,965 177 24 e. For the fifth judicial district department of 177 25 correctional services, including the treatment and supervision 177 26 of probation and parole violators who have been released from 177 27 the department of corrections violator program, the following 177 28 amount, or so much thereof as is necessary: 177 29 .................................................. $ 12,982,837 177 30 f. For the sixth judicial district department of 177 31 correctional services, including the treatment and supervision 177 32 of probation and parole violators who have been released from 177 33 the department of corrections violator program, the following 177 34 amount, or so much thereof as is necessary: 177 35 .................................................. $ 10,064,717 178 1 g. For the seventh judicial district department of 178 2 correctional services, including the treatment and supervision 178 3 of probation and parole violators who have been released from 178 4 the department of corrections violator program, the following 178 5 amount, or so much thereof as is necessary: 178 6 .................................................. $ 5,677,314 178 7 h. For the eighth judicial district department of 178 8 correctional services, including the treatment and supervision 178 9 of probation and parole violators who have been released from 178 10 the department of corrections violator program, the following 178 11 amount, or so much thereof as is necessary: 178 12 .................................................. $ 5,574,865 178 13 2. Each judicial district department of correctional 178 14 services, within the funding available, shall continue 178 15 programs and plans established within that district to provide 178 16 for intensive supervision, sex offender treatment, diversion 178 17 of low-risk offenders to the least restrictive sanction 178 18 available, job development, and expanded use of intermediate 178 19 criminal sanctions. 178 20 3. Each judicial district department of correctional 178 21 services shall provide alternatives to prison consistent with 178 22 chapter 901B. The alternatives to prison shall ensure public 178 23 safety while providing maximum rehabilitation to the offender. 178 24 A judicial district department may also establish a day 178 25 program. 178 26 4. The governor's office of drug control policy shall 178 27 consider federal grants made to the department of corrections 178 28 for the benefit of each of the eight judicial district 178 29 departments of correctional services as local government 178 30 grants, as defined pursuant to federal regulations. 178 31 Sec. 186. INTENT – REPORTS. 178 32 1. The department of corrections shall submit a report on 178 33 inmate labor to the general assembly, to the cochairpersons 178 34 and the ranking members of the joint appropriations 178 35 subcommittee on the justice system, and to the legislative 179 1 services agency by January 15, 2005. The report shall 179 2 specifically address the progress the department has made in 179 3 implementing the requirements of section 904.701, inmate labor 179 4 on capital improvement projects, community work crews, inmate 179 5 produce gardening, and private-sector employment. 179 6 2. The department in cooperation with townships, the Iowa 179 7 cemetery associations, and other nonprofit or governmental 179 8 entities may use inmate labor to restore or preserve rural 179 9 cemeteries and historical landmarks. The department in 179 10 cooperation with the counties may also use inmate labor to 179 11 clean up roads, major water sources, and other water sources 179 12 around the state. Any governmental entity or nonprofit agency 179 13 using inmate labor pursuant to this subsection shall be immune 179 14 from civil or employer liability. 179 15 3. The department shall provide a report that details the 179 16 inmate capacity for each county jail, detention facility, or 179 17 municipal jail. The report shall also include population data 179 18 of the jails and detention facilities, and options for 179 19 integrating jails and detention facilities into the department 179 20 of corrections. The department shall file the report with the 179 21 cochairpersons and ranking members of the joint appropriations 179 22 subcommittee on the justice system and the legislative 179 23 services agency by December 15 of each year. The department 179 24 shall also coordinate and provide information to the counties 179 25 regarding available inmate bed space in each county jail, 179 26 detention facility, or municipal jail. 179 27 4. Each month the department shall provide a status report 179 28 regarding private-sector employment to the legislative 179 29 services agency beginning on July 1, 2004. The report shall 179 30 include the number of offenders employed in the private 179 31 sector, the combined number of hours worked by the offenders, 179 32 and the total amount of allowances, and the distribution of 179 33 allowances pursuant to section 904.702, including any moneys 179 34 deposited in the general fund of the state. 179 35 Sec. 187. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 180 1 1. As used in this section, unless the context otherwise 180 2 requires, "state agency" means the government of the state of 180 3 Iowa, including but not limited to all executive branch 180 4 departments, agencies, boards, bureaus, and commissions, the 180 5 judicial branch, the general assembly and all legislative 180 6 agencies, institutions within the purview of the state board 180 7 of regents, and any corporation whose primary function is to 180 8 act as an instrumentality of the state. 180 9 2. State agencies are hereby encouraged to purchase 180 10 products from Iowa state industries, as defined in section 180 11 904.802, when purchases are required and the products are 180 12 available from Iowa state industries. State agencies shall 180 13 obtain bids from Iowa state industries for purchases of office 180 14 furniture exceeding $5,000 or in accordance with applicable 180 15 administrative rules related to purchases for the agency. 180 16 Sec. 188. STATE PUBLIC DEFENDER. There is appropriated 180 17 from the general fund of the state to the office of the state 180 18 public defender of the department of inspections and appeals 180 19 for the fiscal year beginning July 1, 2004, and ending June 180 20 30, 2005, the following amounts, or so much thereof as is 180 21 necessary, to be allocated as follows for the purposes 180 22 designated: 180 23 1. For salaries, support, maintenance, and miscellaneous 180 24 purposes, and for not more than the following full-time 180 25 equivalent positions: 180 26 .................................................. $ 16,663,446 180 27 ............................................... FTEs 202.00 180 28 2. For the fees of court-appointed attorneys for indigent 180 29 adults and juveniles, in accordance with section 232.141 and 180 30 chapter 815: 180 31 .................................................. $ 19,355,297 180 32 Sec. 189. IOWA LAW ENFORCEMENT ACADEMY. 180 33 1. There is appropriated from the general fund of the 180 34 state to the Iowa law enforcement academy for the fiscal year 180 35 beginning July 1, 2004, and ending June 30, 2005, the 181 1 following amount, or so much thereof as is necessary, to be 181 2 used for the purposes designated: 181 3 For salaries, support, maintenance, miscellaneous purposes, 181 4 including jailer training and technical assistance, and for 181 5 not more than the following full-time equivalent positions: 181 6 .................................................. $ 1,066,890 181 7 ............................................... FTEs 30.05 181 8 It is the intent of the general assembly that the Iowa law 181 9 enforcement academy may provide training of state and local 181 10 law enforcement personnel concerning the recognition of and 181 11 response to persons with Alzheimer's disease. 181 12 2. The Iowa law enforcement academy may select at least 181 13 five automobiles of the department of public safety, division 181 14 of the Iowa state patrol, prior to turning over the 181 15 automobiles to the department of administrative services to be 181 16 disposed of by public auction and the Iowa law enforcement 181 17 academy may exchange any automobile owned by the academy for 181 18 each automobile selected if the selected automobile is used in 181 19 training law enforcement officers at the academy. However, 181 20 any automobile exchanged by the academy shall be substituted 181 21 for the selected vehicle of the department of public safety 181 22 and sold by public auction with the receipts being deposited 181 23 in the depreciation fund to the credit of the department of 181 24 public safety, division of the Iowa state patrol. 181 25 Sec. 190. BOARD OF PAROLE. There is appropriated from the 181 26 general fund of the state to the board of parole for the 181 27 fiscal year beginning July 1, 2004, and ending June 30, 2005, 181 28 the following amount, or so much thereof as is necessary, to 181 29 be used for the purposes designated: 181 30 For salaries, support, maintenance, miscellaneous purposes, 181 31 and for not more than the following full-time equivalent 181 32 positions: 181 33 .................................................. $ 1,067,910 181 34 ............................................... FTEs 16.50 181 35 Sec. 191. DEPARTMENT OF PUBLIC DEFENSE. There is 182 1 appropriated from the general fund of the state to the 182 2 department of public defense for the fiscal year beginning 182 3 July 1, 2004, and ending June 30, 2005, the following amounts, 182 4 or so much thereof as is necessary, to be used for the 182 5 purposes designated: 182 6 1. MILITARY DIVISION 182 7 For salaries, support, maintenance, miscellaneous purposes, 182 8 and for not more than the following full-time equivalent 182 9 positions: 182 10 .................................................. $ 5,084,143 182 11 ............................................... FTEs 310.80 182 12 If there is a surplus in the general fund of the state for 182 13 the fiscal year ending June 30, 2005, within 60 days after the 182 14 close of the fiscal year, the military division may incur up 182 15 to an additional $500,000 in expenditures from the surplus 182 16 prior to transfer of the surplus pursuant to section 8.57. 182 17 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 182 18 For salaries, support, maintenance, miscellaneous purposes, 182 19 and for not more than the following full-time equivalent 182 20 positions: 182 21 .................................................. $ 1,123,400 182 22 ............................................... FTEs 25.25 182 23 Sec. 192. DEPARTMENT OF PUBLIC SAFETY. There is 182 24 appropriated from the general fund of the state to the 182 25 department of public safety for the fiscal year beginning July 182 26 1, 2004, and ending June 30, 2005, the following amounts, or 182 27 so much thereof as is necessary, to be used for the purposes 182 28 designated: 182 29 1. For the department's administrative functions, 182 30 including the criminal justice information system, and for not 182 31 more than the following full-time equivalent positions: 182 32 ................................................. $ 2,654,732 182 33 ............................................... FTEs 37.00 182 34 2. For the division of criminal investigation and bureau 182 35 of identification, including the state's contribution to the 183 1 peace officers' retirement, accident, and disability system 183 2 provided in chapter 97A in the amount of 17 percent of the 183 3 salaries for which the funds are appropriated, to meet federal 183 4 fund matching requirements, and for not more than the 183 5 following full-time equivalent positions: 183 6 .................................................. $ 14,058,510 183 7 ............................................... FTEs 221.50 183 8 The department of public safety, with the approval of the 183 9 department of management, may employ no more than two special 183 10 agents and four gaming enforcement officers for each 183 11 additional riverboat regulated after July 1, 2004, and one 183 12 special agent for each racing facility which becomes 183 13 operational during the fiscal year which begins July 1, 2004. 183 14 One additional gaming enforcement officer, up to a total of 183 15 four per riverboat, may be employed for each riverboat that 183 16 has extended operations to 24 hours and has not previously 183 17 operated with a 24-hour schedule. Positions authorized in 183 18 this paragraph are in addition to the full-time equivalent 183 19 positions otherwise authorized in this subsection. 183 20 3. a. For the division of narcotics enforcement, 183 21 including the state's contribution to the peace officers' 183 22 retirement, accident, and disability system provided in 183 23 chapter 97A in the amount of 17 percent of the salaries for 183 24 which the funds are appropriated, to meet federal fund 183 25 matching requirements, and for not more than the following 183 26 full-time equivalent positions: 183 27 .................................................. $ 3,930,089 183 28 ............................................... FTEs 59.00 183 29 b. For the division of narcotics enforcement for 183 30 undercover purchases: 183 31 .................................................. $ 123,343 183 32 4. a. For the state fire marshal's office, including the 183 33 state's contribution to the peace officers' retirement, 183 34 accident, and disability system provided in chapter 97A in the 183 35 amount of 17 percent of the salaries for which the funds are 184 1 appropriated, and for not more than the following full-time 184 2 equivalent positions: 184 3 .................................................. $ 2,181,998 184 4 ............................................... FTEs 39.00 184 5 b. For the state fire marshal's office, for fire 184 6 protection services as provided through the state fire service 184 7 and emergency response council as created in the department, 184 8 and for not more than the following full-time equivalent 184 9 positions: 184 10 .................................................. $ 638,021 184 11 ............................................... FTEs 12.00 184 12 5. For the division of the Iowa state patrol of the 184 13 department of public safety, for salaries, support, 184 14 maintenance, workers' compensation costs, and miscellaneous 184 15 purposes, including the state's contribution to the peace 184 16 officers' retirement, accident, and disability system provided 184 17 in chapter 97A in the amount of 17 percent of the salaries for 184 18 which the funds are appropriated, and for not more than the 184 19 following full-time equivalent positions: 184 20 ................................................. $ 42,517,133 184 21 .............................................. FTEs 536.00 184 22 It is the intent of the general assembly that members of 184 23 the Iowa state patrol be assigned to patrol the highways and 184 24 roads in lieu of assignments for inspecting school buses for 184 25 the school districts. 184 26 It is the intent of the general assembly that approximately 184 27 one-half of the members of the Iowa state patrol assigned to 184 28 District 16 be reassigned to patrol duties on the highways and 184 29 roads, and that candidates from the department of public 184 30 safety's training school fill vacant positions at District 16 184 31 due to the reassignment. 184 32 In addition to the amount appropriated in this subsection, 184 33 there is transferred from the moneys credited during the 184 34 fiscal year beginning July 1, 2004, to the depreciation fund 184 35 maintained by the department of administrative services 185 1 pursuant to section 8A.365, for purposes of the motor pool, to 185 2 the vehicle depreciation account maintained by the department 185 3 of public safety for vehicles utilized by the division of the 185 4 Iowa state patrol. During the fiscal year the department of 185 5 administrative services shall credit to the depreciation fund 185 6 at least $475,000 for purposes of the motor pool. The moneys 185 7 shall be transferred to the department of public safety on a 185 8 monthly basis. Moneys transferred pursuant to this paragraph 185 9 are appropriated to the department of public safety for 185 10 purposes of vehicle replacement for the division of the Iowa 185 11 state patrol. Notwithstanding section 8.33, moneys 185 12 transferred in this paragraph that remain unencumbered or 185 13 unobligated at the close of the fiscal year shall not revert 185 14 but shall remain available for expenditure from the department 185 15 of public safety's vehicle depreciation account for the 185 16 purposes designated until the close of the fiscal year that 185 17 begins July 1, 2005. 185 18 6. For deposit in the public safety law enforcement sick 185 19 leave benefits fund established under section 80.42, for all 185 20 departmental employees eligible to receive benefits for 185 21 accrued sick leave under the collective bargaining agreement: 185 22 .................................................. $ 316,179 185 23 An employee of the department of public safety who retires 185 24 after July 1, 2004, but prior to June 30, 2005, is eligible 185 25 for payment of life or health insurance premiums as provided 185 26 for in the collective bargaining agreement covering the public 185 27 safety bargaining unit at the time of retirement if that 185 28 employee previously served in a position which would have been 185 29 covered by the agreement. The employee shall be given credit 185 30 for the service in that prior position as though it were 185 31 covered by that agreement. The provisions of this subsection 185 32 shall not operate to reduce any retirement benefits an 185 33 employee may have earned under other collective bargaining 185 34 agreements or retirement programs. 185 35 7. For costs associated with the training and equipment 186 1 needs of volunteer fire fighters and for not more than the 186 2 following full-time equivalent position: 186 3 .................................................. $ 559,587 186 4 ............................................... FTEs 1.00 186 5 Notwithstanding section 8.33, moneys appropriated in this 186 6 subsection that remain unobligated or unexpended at the close 186 7 of the fiscal year shall not revert but shall remain available 186 8 for expenditure only for the purpose designated in this 186 9 subsection until the close of the succeeding fiscal year. 186 10 Sec. 193. CIVIL RIGHTS COMMISSION. There is appropriated 186 11 from the general fund of the state to the Iowa state civil 186 12 rights commission for the fiscal year beginning July 1, 2004, 186 13 and ending June 30, 2005, the following amount, or so much 186 14 thereof as is necessary, to be used for the purposes 186 15 designated: 186 16 For salaries, support, maintenance, miscellaneous purposes, 186 17 and for not more than the following full-time equivalent 186 18 positions: 186 19 .................................................. $ 825,752 186 20 ............................................... FTEs 28.00 186 21 The Iowa state civil rights commission may enter into a 186 22 contract with a nonprofit organization to provide legal 186 23 assistance to resolve civil rights complaints. 186 24 Sec. 194. Section 8D.9, Code Supplement 2003, is amended 186 25 by adding the following new subsection: 186 26 NEW SUBSECTION. 4. A community college receiving federal 186 27 funding to conduct first responder training and testing 186 28 regarding homeland security first responder communication and 186 29 technology-related research and development projects shall be 186 30 authorized to utilize the network for testing purposes. 186 31 Sec. 195. Section 13B.4, subsection 2, Code Supplement 186 32 2003, as amended by 2004 Iowa Acts, House File 2138, section 186 33 1, if enacted, is amended to read as follows: 186 34 2. The state public defender shall file a notice with the 186 35 clerk of the district court in each county served by a public 187 1 defender designating which public defender office shall 187 2 receive notice of appointment of cases. The state public 187 3 defender may also designate a nonprofit organization which 187 4contractshas a contract with the state public defender to 187 5 provide legal services to eligible indigent persons prior to 187 6 July 1, 2004. Except as otherwise provided, in each county in 187 7 which the state public defender files a designation, the state 187 8 public defender's designee shall be appointed by the court to 187 9 represent all eligible indigents, in all of the cases and 187 10 proceedings specified in the designation. The appointment 187 11 shall not be made if the state public defender notifies the 187 12 court that the public defender designee will not provide legal 187 13 representation in certain cases as identified in the 187 14 designation by the state public defender. 187 15 Sec. 196. Section 85.66, Code 2003, is amended to read as 187 16 follows: 187 17 85.66 SECOND INJURY FUND – CREATION – CUSTODIAN. 187 18 The "Second Injury Fund" is hereby established under the 187 19 custody of the treasurer of state and shall consist of 187 20 payments to the fund as provided by this division and any 187 21 accumulated interest and earnings on moneys in the second 187 22 injury fund. The treasurer of state is charged with the 187 23 conservation of the assets of the second injury fund. Moneys 187 24 collected in the "Second Injury Fund" shall be disbursed only 187 25 for the purposes stated in this division, and shall not at any 187 26 time be appropriated or diverted to any other use or purpose. 187 27 The treasurer of state shall invest any surplus moneys of the 187 28 fund in securities which constitute legal investments for 187 29 state funds under the laws of this state, and may sell any of 187 30 the securities in which the fund is invested, if necessary, 187 31 for the proper administration or in the best interests of the 187 32 fund. Disbursements from the fund shall be paid by the 187 33 treasurer of state only upon the written order of the workers' 187 34 compensation commissioner. The attorney general shall be 187 35 reimbursed up to fifty thousand dollars annually from the fund 188 1 for services provided related to the fund. The treasurer of 188 2 state shall quarterly prepare a statement of the fund, setting 188 3 forth the balance of moneys in the fund, the income of the 188 4 fund, specifying the source of all income, the payments out of 188 5 the fund, specifying the various items of payments, and 188 6 setting forth the balance of the fund remaining to its credit. 188 7 The statement shall be open to public inspection in the office 188 8 of the treasurer of state. 188 9 Sec. 197. Section 85.67, Code 2003, is amended to read as 188 10 follows: 188 11 85.67 ADMINISTRATION OF FUND – SPECIAL COUNSEL – PAYMENT 188 12 OF AWARD. 188 13 The attorney general shall appoint a staff member to 188 14 represent the treasurer of state and the fund in all 188 15 proceedings and matters arising under this division. The 188 16 attorney general shall be reimbursed up to fifty thousand 188 17 dollars annually from the fund for services provided related 188 18 to the fund. The commissioner of insurance shall consider the 188 19 reimbursement to the attorney general as an outstanding 188 20 liability when making a determination of funding availability 188 21 under section 85.65A, subsection 2. In making an award under 188 22 this division, the workers' compensation commissioner shall 188 23 specifically find the amount the injured employee shall be 188 24 paid weekly, the number of weeks of compensation which shall 188 25 be paid by the employer, the date upon which payments out of 188 26 the fund shall begin, and, if possible, the length of time the 188 27 payments shall continue. 188 28 Sec. 198. NEW SECTION. 564.9 DEPARTMENT OF NATURAL 188 29 RESOURCES – ACCESS. 188 30 1. The department of natural resources shall grant the 188 31 owner of a parcel of land access to a public road if any of 188 32 the following applies: 188 33 a. It is otherwise impossible for the owner to access the 188 34 public road because the parcel is surrounded by land held by 188 35 the department. 189 1 b. The parcel is otherwise surrounded by land with a 189 2 topography that makes access unreasonable. 189 3 c. Access by another way would cause degradation or 189 4 destroy the integrity of the land. 189 5 2. The department may grant access to the owner by the 189 6 sale, exchange, or other transfer of land or by the grant of 189 7 an easement. 189 8 3. A person entitled to access as provided in this section 189 9 may construct a road for automobile traffic from the parcel to 189 10 the public road. The owner shall be responsible for 189 11 constructing and maintaining any private road from the parcel 189 12 to the public road which shall not be more than twenty feet in 189 13 width unless otherwise agreed to by the parties. 189 14 Sec. 199. Section 602.8107, subsection 4, unnumbered 189 15 paragraph 1, Code Supplement 2003, is amended to read as 189 16 follows: 189 17 All fines, penalties, court costs, fees, surcharges, and 189 18 restitution for court-appointed attorney fees or for expenses 189 19 of a public defender which are deemed delinquent by the clerk 189 20 pursuant to subsection 3 may be collected by the county 189 21 attorney or the county attorney's designee. Thirty-five 189 22 percent of the amounts collected by the county attorney or the 189 23 person procured or designated by the county attorney shall be 189 24 deposited in the general fund of the county if the county 189 25 attorney has filed the notice required in section 331.756, 189 26 subsection 5, unless the county attorney has discontinued 189 27 collection efforts on a particular delinquent amount.TheUp 189 28 to one million two hundred thousand dollars of the remainder 189 29 shall be paid each fiscal year to theclerkclerks for 189 30 distribution under section 602.8108. If the threshold amount 189 31 of one million two hundred thousand dollars has been 189 32 distributed under section 602.8108, the remainder shall be 189 33 distributed as provided in subsection 4A. The state court 189 34 administrator shall notify the clerks that the threshold 189 35 amount has been distributed under section 602.8108, and that 190 1 the distribution of any additional moneys collected by the 190 2 county attorney shall be as provided in subsection 4A. 190 3 Sec. 200. Section 602.8107, Code Supplement 2003, is 190 4 amended by adding the following new subsection: 190 5 NEW SUBSECTION. 4A. After the threshold amount has been 190 6 distributed under section 602.8108 as provided in subsection 190 7 4, thirty-five percent of any additional moneys collected by 190 8 the county attorney or the person procured or designated by 190 9 the county attorney shall be deposited in the general fund of 190 10 the county, and thirty-three percent of any additional moneys 190 11 collected by the county attorney or the person procured or 190 12 designated by the county attorney shall be deposited with the 190 13 office of the county attorney. The remainder shall be paid to 190 14 the clerk for distribution under section 602.8108. 190 15 Sec. 201. Section 815.9, subsection 1, paragraphs a and b, 190 16 Code 2003, are amended to read as follows: 190 17 a. A person is entitled to an attorney appointed by the 190 18 court to represent the person if the person has an income 190 19 level at or below one hundredtwenty-fivepercent of the 190 20 United States poverty level as defined by the most recently 190 21 revised poverty income guidelines published by the United 190 22 States department of health and human services, unless the 190 23 court determines that the person is able to pay for the cost 190 24 of an attorney to represent the person on the pending case. 190 25 In making the determination of a person's ability to pay for 190 26 the cost of an attorney, the court shall consider not only the 190 27 person's income, but also the availability of any assets 190 28 subject to execution, including but not limited to cash, 190 29 stocks, bonds, and any other property which may be applied to 190 30 the satisfaction of judgments, and the seriousness of the 190 31 charge or nature of the case. 190 32 b. A person with an income level greater than one hundred 190 33twenty-five percent, but at or below two hundredpercent,of 190 34 the most recently revised poverty income guidelines published 190 35 by the United States department of health and human services 191 1 shall not be entitled to an attorney appointed by the court, 191 2 unless the court makes a written finding that not appointing 191 3 counsel on the pending case would cause the person substantial 191 4 hardship. In determining whether substantial hardship would 191 5 result, the court shall consider not only the person's income, 191 6 but also the availability of any assets subject to execution, 191 7 including but not limited to cash, stocks, bonds, and any 191 8 other property which may be applied to the satisfaction of 191 9 judgments, and the seriousness of the charge or nature of the 191 10 case. 191 11 Sec. 202. NEW SECTION. 904.118 IOWA CORRECTIONS OFFENDER 191 12 NETWORK – FUND. 191 13 An Iowa corrections offender network fund is established 191 14 under the control of the department. All sales, gifts, and 191 15 donations related to the Iowa offender network data system 191 16 shall be credited to the fund and the moneys in the fund are 191 17 appropriated to the department to be used for further 191 18 development and general maintenance of the Iowa corrections 191 19 offender network data system. Notwithstanding section 8.33, 191 20 moneys credited to the fund shall not revert to any other 191 21 fund. Notwithstanding section 12C.7, subsection 2, interest 191 22 or earnings on moneys deposited in the fund shall be credited 191 23 to the fund. 191 24 Sec. 203. Section 904.809, subsection 5, paragraph c, Code 191 25 2003, is amended by adding the following new subparagraph: 191 26 NEW SUBPARAGRAPH. (2A) The department may retain up to 191 27 fifty percent of any remaining balance after deductions made 191 28 under subparagraphs (1) and (2) if the remaining balance is 191 29 from an inmate employed in a new job created on or after July 191 30 1, 2004. The funds shall be used to staff supervision costs 191 31 of private sector employment of inmates at correctional 191 32 institutions. Funds retained pursuant to this subparagraph 191 33 shall not be used for administrative costs of the Iowa state 191 34 industries. 191 35 Sec. 204. Section 904.809, subsection 5, paragraph c, 192 1 subparagraph (3), Code 2003, is amended to read as follows: 192 2 (3) Any balance remaining after the deductions made under 192 3 subparagraphs (1),and(2), and (2A) shall represent the costs 192 4 of the inmate's incarceration and shall be deposited,192 5effective July 1, 2000,in the general fund of the state. 192 6 Sec. 205. Section 907.9, subsections 1, 2, and 4, Code 192 7 Supplement 2003, are amended to read as follows: 192 8 1. At any time that the court determines that the purposes 192 9 of probation have been fulfilled andtheany fees imposed 192 10 undersectionsections 815.9 and 905.14 have been paidor on192 11condition that unpaid supervision fees be paid, the court may 192 12 order the discharge of a person from probation. 192 13 2. At any time that a probation officer determines that 192 14 the purposes of probation have been fulfilled andtheany fees 192 15 imposed undersectionsections 815.9 and 905.14 have been paid 192 16or on condition that unpaid supervision fees be paid, the 192 17 officer may order the discharge of a person from probation 192 18 after approval of the district director and notification of 192 19 the sentencing court and the county attorney who prosecuted 192 20 the case. 192 21 4. At the expiration of the period of probation and if the 192 22 fees imposed undersectionsections 815.9 and 905.14 have been 192 23 paid or on condition that unpaid supervision fees be paid, the 192 24 court shall order the discharge of the person from probation, 192 25 and the court shall forward to the governor a recommendation 192 26 for or against restoration of citizenship rights to that 192 27 person. A person who has been discharged from probation shall 192 28 no longer be held to answer for the person's offense. Upon 192 29 discharge from probation, if judgment has been deferred under 192 30 section 907.3, the court's criminal record with reference to 192 31 the deferred judgment shall be expunged. The record 192 32 maintained by the state court administrator as required by 192 33 section 907.4 shall not be expunged. The court's record shall 192 34 not be expunged in any other circumstances. 192 35 Sec. 206. 1998 Iowa Acts, chapter 1101, section 15, 193 1 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 193 2 section 25, as amended by 2000 Iowa Acts, chapter 1229, 193 3 section 25, as amended by 2001 Iowa Acts, chapter 186, section 193 4 21, as amended by 2002 Iowa Acts, Second Extraordinary 193 5 Session, chapter 1003, section 170, and as amended by 2003 193 6 Iowa Acts, chapter 174, section 17, is amended to read as 193 7 follows: 193 8 2. a. There is appropriated from surcharge moneys 193 9 received by the E911 administrator and deposited into the 193 10 wireless E911 emergency communications fund, for each fiscal 193 11 year in the fiscal period beginning July 1, 1998, and ending 193 12 June 30,20042005, an amount not to exceed two hundred 193 13 thousand dollars to be used for the implementation, support, 193 14 and maintenance of the functions of the E911 administrator. 193 15 The amount appropriated in this paragraph includes any amounts 193 16 necessary to reimburse the division of emergency management of 193 17 the department of public defense pursuant to paragraph "b". 193 18 b. Notwithstanding the distribution formula in section 193 19 34A.7A, as enacted in this Act, and prior to any such 193 20 distribution, of the initial surcharge moneys received by the 193 21 E911 administrator and deposited into the wireless E911 193 22 emergency communications fund, for each fiscal year in the 193 23 fiscal period beginning July 1, 1998, and ending June 30,2004193 24 2005, an amount is appropriated to the division of emergency 193 25 management of the department of public defense as necessary to 193 26 reimburse the division for amounts expended for the 193 27 implementation, support, and maintenance of the E911 193 28 administrator, including the E911 administrator's salary. 193 29 Sec. 207. IOWA LAW ENFORCEMENT ACADEMY – FEES. 193 30 Notwithstanding section 80B.11B, the Iowa law enforcement 193 31 academy may charge more than one-half the cost of providing 193 32 the basic training course if a majority of the Iowa law 193 33 enforcement academy council authorizes charging more than one- 193 34 half of the cost of providing basic training. This section is 193 35 repealed on June 30, 2005. 194 1 Sec. 208. STATE PUBLIC DEFENDER STUDY. The state public 194 2 defender in consultation with the indigent defense advisory 194 3 commission, the supreme court, the Iowa state bar association, 194 4 the Iowa association of criminal defense lawyers, and other 194 5 interested organizations, shall study cost saving methods that 194 6 can be implemented to deliver legal representation to indigent 194 7 defendants in a more efficient manner. The state public 194 8 defender, in cooperation with the entities consulted with, 194 9 shall file a report with the general assembly by December 15, 194 10 2004. The report shall include recommendations for achieving 194 11 efficiencies in the delivery of indigent defense services 194 12 including but not limited to the advisability of the state 194 13 public defender entering into indigent defense contracts for a 194 14 predetermined fee in specific types of cases. 194 15 Sec. 209. EFFECTIVE DATE. The provisions of this division 194 16 of this Act amending sections 85.66, 85.67, and 904.118, and 194 17 1998 Iowa Acts, chapter 1101, being deemed of immediate 194 18 importance, take effect upon enactment. 194 19 DIVISION X 194 20 STANDING APPROPRIATIONS, SALARIES, 194 21 AND MISCELLANEOUS PROVISIONS 194 22 Sec. 210. GENERAL ASSEMBLY. The appropriations made 194 23 pursuant to section 2.12 for the expenses of the general 194 24 assembly and legislative agencies for the fiscal year 194 25 beginning July 1, 2004, and ending June 30, 2005, are reduced 194 26 by the following amount: 194 27 .................................................. $ 2,000,000 194 28 Sec. 211. Notwithstanding the standing appropriations in 194 29 the following designated sections for the fiscal year 194 30 beginning July 1, 2004, and ending June 30, 2005, the amounts 194 31 appropriated from the general fund of the state pursuant to 194 32 those sections for the following designated purposes shall not 194 33 exceed the following amounts: 194 34 1. For compensation of officers and enlisted persons and 194 35 their expenses while on state active duty as authorized in 195 1 section 29A.27: 195 2 .................................................. $ 421,639 195 3 2. For payment for nonpublic school transportation under 195 4 section 285.2: 195 5 .................................................. $ 7,955,541 195 6 If total approved claims for reimbursement for nonpublic 195 7 school pupil transportation claims exceed the amount 195 8 appropriated in this section, the department of education 195 9 shall prorate the amount of each claim. 195 10 3. For printing cigarette tax stamps under section 453A.7: 195 11 .................................................. $ 107,304 195 12 4. For the state's share of the cost of the peace 195 13 officers' retirement benefits under section 411.20: 195 14 .................................................. $ 2,745,784 195 15 5. For payment of livestock production credit refunds 195 16 under section 422.121: 195 17 .................................................. $ 1,770,342 195 18 6. For instructional support state aid under section 195 19 257.20: 195 20 .................................................. $ 14,428,271 195 21 7. For at-risk children programs under section 279.51, 195 22 subsection 1: 195 23 .................................................. $ 11,271,000 195 24 The amount of any reduction in this subsection shall be 195 25 prorated among the programs specified in section 279.51, 195 26 subsection 1, paragraphs "a", "b", and "c". 195 27 8. For paying claims against the state under section 25.2: 195 28 .................................................. $ 4,387,500 195 29 9. For administration expenses of the state unemployment 195 30 compensation law under chapter 96: 195 31 .................................................. $ 538,750 195 32 10. For payment of certain interest costs due the federal 195 33 government under the federal Cash Management and Improvement 195 34 Act under section 421.31: 195 35 .................................................. $ 436,250 196 1 11. For funding the state's deferred compensation program 196 2 established for state employees under section 509A.12: 196 3 .................................................. $ 55,088 196 4 12. For the educational excellence program under section 196 5 294A.25, subsection 1: 196 6 .................................................. $ 55,469,053 196 7 Sec. 212. HELP US STOP HUNGER. There is appropriated from 196 8 the general fund of the state of the department of natural 196 9 resources for the fiscal year beginning July 1, 2004, and 196 10 ending June 30, 2005, the following amount, or so much thereof 196 11 as is necessary, to be used as follows: 196 12 To expand the help us stop hunger pilot project: 196 13 .................................................. $ 17,000 196 14 Sec. 213. STATE APPEAL BOARD STREAMLINING. For the fiscal 196 15 year beginning July 1, 2004, the state appeal board may pay 196 16 out of any moneys in the state treasury not otherwise 196 17 appropriated for costs associated with streamlining and 196 18 improving the state appeal board process. 196 19 Sec. 214. Section 8.22A, subsection 3, Code Supplement 196 20 2003, is amended to read as follows: 196 21 3. By December 15 of each fiscal year the conference shall 196 22 agree to a revenue estimate for the fiscal year beginning the 196 23 following July 1. That estimate shall be used by the governor 196 24 in the preparation of the budget message under section 8.22 196 25 and by the general assembly in the budget process. If the 196 26 conference agrees to a different estimate at a later meeting 196 27 which projects a greater amount of revenue than the initial 196 28 estimate amount agreed to by December 15, the governor and the 196 29 general assembly shall continue to use the initial estimate 196 30 amount in the budget process for that fiscal year. However, 196 31 if the conference agrees to a different estimate at a later 196 32 meeting which projects a lesser amount of revenue than the 196 33 initial estimate amount, the governor and the general assembly 196 34 shall use the lesser amount in the budget process for that 196 35 fiscal year. As used in this subsection, "later meeting" 197 1 means only those later meetings which are held prior to the 197 2 conclusion of the regular session of the general assembly and, 197 3 if the general assembly holds an extraordinary session prior 197 4 to the commencement of the fiscal year to which the estimate 197 5 applies, those later meetings which are held before or during 197 6 the extraordinary session. 197 7 Sec. 215. Section 8.54, subsection 2, Code 2003, is 197 8 amended to read as follows: 197 9 2. There is created a state general fund expenditure 197 10 limitation for each fiscal yearbeginning on or after July 1,197 111993,calculated as provided in this section. An expenditure 197 12 limitation shall be used for the portion of the budget process 197 13 commencing on the date the revenue estimating conference 197 14 agrees to a revenue estimate for the following fiscal year in 197 15 accordance with section 8.22A, subsection 3, and ending with 197 16 the governor's final approval or disapproval of the 197 17 appropriations bills applicable to that fiscal year that were 197 18 passed prior to July 1 of that fiscal year in a regular or 197 19 extraordinary legislative session. 197 20 Sec. 216. Section 8.55, subsection 2, paragraph d, Code 197 21 Supplement 2003, is amended to read as follows: 197 22 d. Notwithstanding paragraph "a", any moneys in excess of 197 23 the maximum balance in the economic emergency fund after the 197 24 distribution of the surplus in the general fund of the state 197 25 at the conclusion of each fiscal year and after the 197 26 appropriate amounts have been transferred pursuant to 197 27 paragraphs "b" and "c" shall not be transferred to the general 197 28 fund of the state but shall be transferred to the endowment 197 29 for Iowa's health account of the tobacco settlement trust 197 30 fund. The total amount transferred, in the aggregate, under 197 31 this paragraph for all fiscal years shall not exceed the 197 32 difference between one hundredonethirty-one millionseven197 33 five hundredfifty-onethirty-six thousand dollars and the 197 34 amounts transferred to the endowment for Iowa's health account 197 35 to repay the amounts transferred or appropriated from the 198 1 endowment for Iowa's health account in 2002 Iowa Acts, chapter 198 2 1165, 2002 Iowa Acts, chapter 1166, 2002 Iowa Acts, chapter 198 3 1167, 2002 Iowa Acts, Second Extraordinary Session, chapter 198 4 1003, and 2003 Iowa Acts, chapter 183, and 2004 Iowa Acts, 198 5 Senate File 2298. 198 6 Sec. 217. Section 8.62, Code Supplement 2003, is amended 198 7 by adding the following new subsection: 198 8 NEW SUBSECTION. 4. Notwithstanding any provision of this 198 9 section and sections 8.33 and 8.39 to the contrary, if a full- 198 10 time equivalent position budgeted for within an appropriation 198 11 from the general fund of the state to a department or 198 12 establishment other than the state board of regents is vacant 198 13 for all or a portion of the fiscal year, an amount equal to 198 14 the salary and benefits associated with the time of vacancy of 198 15 the position shall be considered to be encumbered for the 198 16 period of the vacancy, shall not be used for any other 198 17 purpose, and the encumbered amount shall revert to the general 198 18 fund of the state at the close of the fiscal year. 198 19 Sec. 218. Section 10C.5, Code 2003, is amended to read as 198 20 follows: 198 21 10C.5 REPEAL. 198 22 Sections 10C.1 through 10C.4 and this section are repealed 198 23 July 1,20042008. 198 24 Sec. 219. Section 10C.6, subsection 1, paragraph a, 198 25 unnumbered paragraph 1, Code 2003, is amended to read as 198 26 follows: 198 27 A life science enterprise may acquire or hold agricultural 198 28 land, notwithstanding section 10C.5 as that section exists in 198 29 the20032005 Codeor 2003 Code Supplement, if all of the 198 30 following apply: 198 31 Sec. 220. Section 10C.6, subsection 1, paragraph a, 198 32 subparagraphs (1) and (2), Code 2003, are amended to read as 198 33 follows: 198 34 (1) The life science enterprise acquires the agricultural 198 35 land on or before June 30,20042008. 199 1 (2) The enterprise acquires or holds the agricultural land 199 2 pursuant to chapter 10C as that chapter exists in the2003199 3 2005 Codeor 2003 Code Supplement. 199 4 Sec. 221. Section 28.3, subsection 2, Code 2003, is 199 5 amended to read as follows: 199 6 2. The Iowa board shall consist ofseventeeneighteen 199 7 voting members with thirteen citizen members andfourfive 199 8 state agency members. Thefourfive state agency members 199 9 shall be the directors of the following departments: economic 199 10 development, education, human rights, human services, and 199 11 public health. The thirteen citizen members shall be 199 12 appointed by the governor, subject to confirmation by the 199 13 senate. The governor's appointments of citizen members shall 199 14 be made in a manner so that each of the state's congressional 199 15 districts is represented by two citizen members and so that 199 16 all the appointments as a whole reflect the ethnic, cultural, 199 17 social, and economic diversity of the state. The governor's 199 18 appointees shall be selected from individuals nominated by 199 19 community empowerment area boards. The nominations shall 199 20 reflect the range of interests represented on the community 199 21 boards so that the governor is able to appoint one or more 199 22 members each for education, health, human services, business, 199 23 faith, and public interests. At least one of the citizen 199 24 members shall be a service consumer or the parent of a service 199 25 consumer. Terms of office of all citizen members are three 199 26 years. A vacancy on the board shall be filled in the same 199 27 manner as the original appointment for the balance of the 199 28 unexpired term. 199 29 Sec. 222. Section 35A.2, Code 2003, is amended to read as 199 30 follows: 199 31 35A.2 COMMISSION OF VETERANS AFFAIRS. 199 32 1. A commission of veterans affairs is created consisting 199 33 ofsevennine persons who shall be appointed by the governor, 199 34 subject to confirmation by the senate. Members shall be 199 35 appointed to staggered terms of four years beginning and 200 1 ending as provided in section 69.19. The governor shall fill 200 2 a vacancy for the unexpired portion of the term. 200 3 2.SixEight commissioners shall be honorably discharged 200 4 members of the armed forces of the United States. The 200 5 American legion of Iowa, disabled American veterans department 200 6 of Iowa, veterans of foreign wars department of Iowa, American 200 7 veterans of World War II, Korea, and Vietnam, the Vietnam 200 8 veterans of America, and the military order of the purple 200 9 heart, through their department commanders, shall submit two 200 10 names respectively from their organizations to the governor. 200 11 The adjutant general and the Iowa affiliate of the reserve 200 12 officers association shall submit names to the governor of 200 13 persons to represent the Iowa national guard and the 200 14 association. The governor shall appoint from the group of 200 15 names submitted by the adjutant general and reserve officers 200 16 association two representatives and from each of the other 200 17 organizations one representative to serve as a member of the 200 18 commission, unless the appointments would conflict with the 200 19 bipartisan and gender balance provisions of sections 69.16 and 200 20 69.16A. In addition, the governor shall appoint one member of 200 21 the public, knowledgeable in the general field of veterans 200 22 affairs, to serve on the commission. 200 23 Sec. 223. Section 35A.3, Code 2003, is amended by adding 200 24 the following new subsection: 200 25 NEW SUBSECTION. 14. To establish and operate a state 200 26 veterans cemetery and to make application to the government of 200 27 the United States or any subdivision, agency, or 200 28 instrumentality thereof, for funds for the purpose of 200 29 establishing such a cemetery. The state may enter into 200 30 agreements with any subdivision of the state for assistance in 200 31 operating the cemetery. The state shall own the land on which 200 32 the cemetery is located. The commission shall have the 200 33 authority to accept federal grant funds, funding from state 200 34 subdivisions, donations from private sources, and federal 200 35 "plot allowance" payments. All such funds shall be deposited 201 1 into an account dedicated to the establishment, operation, and 201 2 maintenance of a veterans cemetery and these funds shall be 201 3 expended only for those purposes. The commission through the 201 4 executive director shall have the authority to accept suitable 201 5 cemetery land, in accordance with federal veterans cemetery 201 6 grant guidelines, from the federal government, state 201 7 government, state subdivisions, private sources, and any other 201 8 source wishing to transfer land for use as a veterans 201 9 cemetery. 201 10 Sec. 224. Section 35D.13, subsection 2, Code 2003, is 201 11 amended by striking the subsection and inserting in lieu 201 12 thereof the following: 201 13 2. The commandant shall be a resident of the state of Iowa 201 14 who served in the armed forces of the United States and was 201 15 honorably discharged, and is a licensed nursing home 201 16 administrator. 201 17 Sec. 225. Section 85.36, Code 2003, is amended by adding 201 18 the following new subsection: 201 19 NEW SUBSECTION. 5A. In the case of a school district 201 20 employee who is employed pursuant to a contract for a specific 201 21 period of time, and whose earnings are paid pursuant to a 201 22 contract for a different period of time than the period of 201 23 time during which the services are performed, the employee's 201 24 weekly earnings shall be based on the period of time for which 201 25 the earnings are paid rather than on the period of time during 201 26 which the services are performed. 201 27 Sec. 226. Section 135C.31A, Code Supplement 2003, is 201 28 amended to read as follows: 201 29 135C.31A ASSESSMENT OF RESIDENTS – PROGRAM ELIGIBILITY. 201 30 Beginning July 1, 2003, a health care facility receiving 201 31 reimbursement through the medical assistance program under 201 32 chapter 249A shall assist the Iowa commission of veterans 201 33 affairs in identifying, upon admission of a resident, the 201 34 resident's eligibility for benefits through the federal 201 35 department of veterans affairs. The health care facility 202 1 shall also assist the Iowa commission of veterans affairs in 202 2 determining such eligibility for residents residing in the 202 3 facility on July 1, 2003. The department of inspections and 202 4 appeals, in cooperation with the department of human services, 202 5 shall adopt rules to administer this section, including a 202 6 provision that ensures that if a resident is eligible for 202 7 benefits through the federal department of veterans affairs or 202 8 other third-party payor, the payor of last resort for 202 9 reimbursement to the health care facility is the medical 202 10 assistance program. This section shall not apply to the 202 11 admission of an individual to a state mental health institute 202 12 for acute psychiatric care or to the admission of an 202 13 individual to the Iowa veterans home. 202 14 Sec. 227. NEW SECTION. 153.40 MOBILE DENTAL DELIVERY 202 15 SYSTEM. 202 16 The Iowa department of public health shall establish and 202 17 implement a mobile dental delivery system to make available 202 18 dental supplies, portable dental equipment, and vans to be 202 19 used in transporting the equipment to provide oral health 202 20 services to and improve the oral health of low-income persons 202 21 who live in federal or state-designated health professional 202 22 shortage areas and have the least access to oral health 202 23 services. The department shall coordinate the program. Funds 202 24 available for improving oral health may also be used for loan 202 25 forgiveness for dental providers or to develop oral health 202 26 training modules for nursing home staff or other suitable 202 27 staff who provide oral health services to persons described in 202 28 this section. 202 29 Sec. 228. Section 208.16, subsection 2, Code 2003, is 202 30 amended to read as follows: 202 31 2. The division may establish procedures for transferring 202 32 the responsibility for reclamation of a mine site to a state 202 33 agency or political subdivision, or to a private entity, which 202 34 intends to use the site for other purposes. The division, 202 35 with agreement from the receiving agency or subdivision, or 203 1 from a private entity, to complete adequate reclamation, may 203 2 approve the transfer of responsibility, release the bond or 203 3 security, and terminate or amend the operator's authorization 203 4 to conduct mining on the site. 203 5 Sec. 229. Section 256.7, Code Supplement 2003, is amended 203 6 by adding the following new subsection: 203 7 NEW SUBSECTION. 26. Adopt rules directing the school 203 8 districts and area education agencies to submit annually data 203 9 regarding the salaries and benefits of administrators and from 203 10 the most recent contract settlement increases for salaries and 203 11 group health insurance plans provided under collective 203 12 bargaining agreements negotiated pursuant to chapter 20. The 203 13 department shall compile the data in a report to be submitted 203 14 by January 15 of each year to the chairpersons and ranking 203 15 members of the house and senate standing committees on 203 16 education and appropriations and of the joint appropriations 203 17 subcommittee on education. 203 18 Sec. 230. Section 256D.3, subsection 3, Code 2003, is 203 19 amended to read as follows: 203 20 3. Beginning January 15,20012005, the department shall 203 21 submit an annual report to the chairpersons and ranking 203 22 members of the senate and house education committees that 203 23 includes the statewide average school district class size in 203 24 basic skills instruction in kindergarten through grade three, 203 25 by grade level and by district size, and describes school 203 26 district progress toward achieving early intervention block 203 27 grant program goals and the ways in which school districts are 203 28 using moneys received pursuant tosection 256D.4this chapter 203 29 and expended as provided in section 256D.2. 203 30 Sec. 231. Section 256D.4, subsection 2, Code Supplement 203 31 2003, is amended to read as follows: 203 32 2. Moneys appropriated pursuant to section 256D.5, 203 33 subsection34, shall be allocated to school districts as 203 34 follows: 203 35 a. Allocation of the sum oftwentynineteen million five 204 1 hundred thousand dollars shall be based upon the proportion 204 2 that the kindergarten through grade three enrollment of a 204 3 district bears to the sum of the kindergarten through grade 204 4 three enrollments of all school districts in the state as 204 5 reported for the base year. 204 6 b. Allocation of the sum oftennine million seven hundred 204 7 fifty thousand dollars shall be based upon the proportion that 204 8 the number of children who are eligible for free or reduced 204 9 price meals under the federal National School Lunch Act and 204 10 the federal Child Nutrition Act of 1966, 42 U.S.C. } 1751- 204 11 1785, in grades one through three of a school district bears 204 12 to the sum of the number of children who are eligible for free 204 13 or reduced price meals under the federal National School Lunch 204 14 Act and the federal Child Nutrition Act of 1966, 42 U.S.C. } 204 15 1751-1785, in grades one through three in all school districts 204 16 in the state for the base year. 204 17 Sec. 232. Section 256D.5, Code Supplement 2003, is amended 204 18 by adding the following new subsection: 204 19 NEW SUBSECTION. 4. For the fiscal year beginning July 1, 204 20 2004, and ending June 30, 2005, the sum of twenty-nine million 204 21 two hundred fifty thousand dollars. 204 22 Sec. 233. Section 256D.9, Code Supplement 2003, is amended 204 23 to read as follows: 204 24 256D.9 FUTURE REPEAL. 204 25 This chapter is repealed effective July 1,20042005. 204 26 Sec. 234. Section 257.8, subsection 1, Code Supplement 204 27 2003, is amended to read as follows: 204 28 1. STATE PERCENT OF GROWTH.The state percent of growth204 29for the budget year beginning July 1, 2003, is two percent.204 30 The state percent of growth for the budget year beginning July 204 31 1, 2004, is two percent. The state percent of growth for the 204 32 budget year beginning July 1, 2005, is four percent. The 204 33 state percent of growth for each subsequent budget year shall 204 34 be established by statute which shall be enacted within thirty 204 35 days of the submission in the year preceding the base year of 205 1 the governor's budget under section 8.21. The establishment 205 2 of the state percent of growth for a budget year shall be the 205 3 only subject matter of the bill which enacts the state percent 205 4 of growth for a budget year. 205 5 Sec. 235. Section 257.14, subsection 3, unnumbered 205 6 paragraph 1, Code 2003, is amended to read as follows: 205 7 For the budget year commencing July 1, 2004, and succeeding 205 8 budget years,if the department of management determines that205 9the regular program district cost of a school district for a205 10budget year is less than one hundred one percent of the205 11regular program district cost for the base year for that205 12school district,a district shall be eligible for a budget 205 13 adjustment corresponding to the following schedule: 205 14 Sec. 236. Section 257.35, Code Supplement 2003, is amended 205 15 by adding the following new subsections: 205 16 NEW SUBSECTION. 4. Notwithstanding subsection 1, and in 205 17 addition to the reduction applicable pursuant to subsection 2, 205 18 the state aid for area education agencies and the portion of 205 19 the combined district cost calculated for these agencies for 205 20 the fiscal year beginning July 1, 2004, shall be reduced by 205 21 the department of management by eleven million seven hundred 205 22 ninety-eight thousand seven hundred three dollars. The 205 23 reduction for each area education agency shall be equal to the 205 24 reduction that the agency received in the fiscal year 205 25 beginning July 1, 2003. 205 26 NEW SUBSECTION. 5. Notwithstanding section 257.37, an 205 27 area education agency may use the funds determined to be 205 28 available under this section in a manner which the area 205 29 education agency determines is appropriate to best maintain 205 30 the level of required area education agency special education 205 31 services. An area education agency may also use unreserved 205 32 fund balances for media services or education services in a 205 33 manner which the area education agency determines is 205 34 appropriate to best maintain the level of required area 205 35 education agency special education services. 206 1 Sec. 237. Section 261.9, subsection 1, unnumbered 206 2 paragraph 1, Code Supplement 2003, is amended to read as 206 3 follows: 206 4 "Accredited private institution" means an institution of 206 5 higher learning located in Iowa which is operated privately 206 6 and not controlled or administered by any state agency or any 206 7 subdivision of the state, except for county hospitals as206 8provided in paragraph "c" of this subsection,and which meets 206 9at least one ofthe criteria in paragraphs "a"through "c"and 206 10 "b" and all of the criteria in paragraphs "d" through "g", 206 11 except that institutions defined in paragraph "c" of this 206 12 subsection are exempt from the requirements of paragraphs "a" 206 13 and "b": 206 14 Sec. 238. Section 261.9, subsection 1, paragraphs b and c, 206 15 Code Supplement 2003, are amended by striking the paragraphs 206 16 and inserting in lieu thereof the following: 206 17 b. Is accredited by the north central association of 206 18 colleges and secondary schools accrediting agency based on 206 19 their requirements, are exempt from taxation under section 206 20 501(c)(3) of the Internal Revenue Code, and annually provide a 206 21 matching aggregate amount of institutional financial aid equal 206 22 to at least seventy-five percent of the amount received in a 206 23 fiscal year by the institution's students for Iowa tuition 206 24 grant assistance under this chapter. Commencing with the 206 25 fiscal year beginning July 1, 2005, the matching aggregate 206 26 amount of institutional financial aid shall increase by the 206 27 percentage of increase each fiscal year of funds appropriated 206 28 for Iowa tuition grants under section 261.25, subsection 1, to 206 29 a maximum match of one hundred percent. The institution shall 206 30 file annual reports with the commission prior to receipt of 206 31 tuition grant moneys under this chapter. An institution whose 206 32 income is not exempt from taxation under section 501(c) of the 206 33 Internal Revenue Code and whose students were eligible to 206 34 receive Iowa tuition grant money in the fiscal year beginning 206 35 July 1, 2003, shall meet the match requirements of this 207 1 paragraph no later than June 30, 2005. 207 2 c. Is a specialized college that is accredited by the 207 3 north central association of colleges and secondary schools 207 4 accrediting agency, and which offers health professional 207 5 programs that are affiliated with health care systems located 207 6 in Iowa. 207 7 Sec. 239. Section 273.3, Code 2003, is amended by adding 207 8 the following new subsection: 207 9 NEW SUBSECTION. 23. Submit annually to the department of 207 10 education data regarding the salaries and benefits of 207 11 administrators and from the most recent contract settlement 207 12 increases for salaries and group health insurance plans 207 13 provided under collective bargaining agreements negotiated 207 14 pursuant to chapter 20. 207 15 Sec. 240. Section 279.12, unnumbered paragraph 1, Code 207 16 Supplement 2003, is amended to read as follows: 207 17 The board shall carry into effect any instruction from the 207 18 regular election upon matters within the control of the 207 19 voters, and shall elect all teachers and make all contracts 207 20 necessary or proper for exercising the powers granted and 207 21 performing the duties required by law, and may establish and 207 22 pay all or any part thereof from school district funds the 207 23 cost of group health insurance plans, nonprofit group hospital 207 24 service plans, nonprofit group medical service plans and group 207 25 life insurance plans adopted by the board for the benefit of 207 26 employees of the school district, but the board may authorize 207 27 any subdirector to employ teachers for the school in the 207 28 subdirector's subdistrict; but no such employment by a 207 29 subdirector shall authorize a contract, the entire period of 207 30 which is wholly beyond the subdirector's term of office. The 207 31 board shall submit annually to the department of education 207 32 data regarding the salaries and benefits of administrators and 207 33 from the most recent contract settlement increases for 207 34 salaries and group health insurance plans provided under 207 35 collective bargaining agreements negotiated pursuant to 208 1 chapter 20. 208 2 Sec. 241. Section 280.14, Code Supplement 2003, is amended 208 3 by adding the following new subsection: 208 4 NEW SUBSECTION. 3. The board of directors of each school 208 5 district shall annually review school district expenditures 208 6 and identify and examine potential cost savings that can be 208 7 achieved in the delivery of administrative services and other 208 8 costs involved in the operation of the school district, 208 9 including but not limited to health insurance, maintenance of 208 10 facilities and buses, the acquisition of and distribution of 208 11 materials and supplies used by the school district, and the 208 12 delivery of transportation, human resource and financial 208 13 services, computer support services, and data management. The 208 14 school district shall consider cost saving partnership 208 15 opportunities with other school districts, area education 208 16 agencies, community colleges, libraries, cities, counties, or 208 17 other public or private entities. The results of the study 208 18 shall be presented to the public at a regularly scheduled 208 19 board meeting. The school district shall annually report the 208 20 cost savings to the department of education in a manner 208 21 prescribed by the department. The department shall annually 208 22 compile the information submitted by the school districts in a 208 23 report which the department shall submit to the general 208 24 assembly by December 31. 208 25 Sec. 242. NEW SECTION. 280A.1 IOWA LEARNING TECHNOLOGY 208 26 INITIATIVE. 208 27 1. INITIATIVE. The Iowa learning technology initiative is 208 28 created to provide training and learning opportunities to 208 29 public and accredited nonpublic school students in grade seven 208 30 and their administrators and teachers. 208 31 2. PILOT PROGRAM. The Iowa learning technology commission 208 32 created in section 280A.2 shall develop and administer the 208 33 Iowa learning technology initiative, which shall include a 208 34 pilot program. Upon the receipt or pledge of sufficient 208 35 moneys, as determined by the commission, for deposit in the 209 1 Iowa learning technology fund created in section 280A.4, the 209 2 pilot program shall be implemented. A school district or 209 3 accredited nonpublic school may submit an application to 209 4 participate in the pilot program to the commission no later 209 5 than sixty days following receipt or pledge of moneys into the 209 6 Iowa learning technology fund. The application shall include 209 7 a written statement that indicates a dedicated willingness to 209 8 participate. School districts or accredited nonpublic schools 209 9 chosen to participate in the pilot program shall have 209 10 demonstrated to the commission administrative leadership, 209 11 teacher willingness to participate, and community support, and 209 12 shall represent geographically distinct rural, urban, and 209 13 suburban areas of the state. The commission shall notify 209 14 applicants of approval or disapproval of applications no later 209 15 than seventy-five days after the application deadline. 209 16 3. PUBLIC-PRIVATE PARTNERSHIP. 209 17 a. The Iowa learning technology commission shall, in 209 18 consultation with the department of education and the 209 19 department of administrative services, develop and issue no 209 20 later than forty-five days after the receipt or pledge of 209 21 moneys into the Iowa learning technology fund, a request for 209 22 proposals for one or more private providers who shall partner 209 23 with the state to implement the pilot program phase of the 209 24 initiative. No later than forty-five days after the issuance 209 25 of the request for proposals, the commission shall select 209 26 finalists from among the proposals submitted. No later than 209 27 forty-five days after the selection of finalists, the 209 28 commission shall select one or more private providers. 209 29 b. One or more private providers shall be selected by the 209 30 commission through a request for proposals process for a total 209 31 solutions learning technology package that includes, but is 209 32 not limited to, hardware, software, professional development, 209 33 and service and support, which shall be managed by a single 209 34 point of contact responsible for the overall implementation. 209 35 The proposal selected by the commission shall achieve 210 1 significant efficiencies and economies of scale, be 210 2 interoperable with existing technologies, and be consistent 210 3 with the state's economic development and education policies. 210 4 In selecting a private provider, the commission shall consider 210 5 all of the following with respect to the private provider: 210 6 (1) Experience in the development and successful 210 7 implementation of large-scale, school-based wireless and other 210 8 learning technology projects, and the technical ability to 210 9 deliver a total solutions package of learning technology for 210 10 elementary and secondary students and teachers. 210 11 (2) Demonstrated financial capability and long-term 210 12 stability to partner with the state over the term of the 210 13 private provider contract. 210 14 (3) Expertise, experience, and capabilities in education 210 15 practice and evaluation methods. 210 16 c. The commission shall conduct, in cooperation with the 210 17 attorney general, contract negotiations to establish a public- 210 18 private partnership on behalf of the commission and enter into 210 19 a contract negotiated with one or more private providers to 210 20 establish a four-year learning technology pilot program to 210 21 provide a wireless laptop computer to each student, teacher, 210 22 and relevant administrator in a participating school and 210 23 implement the use of software, on-line courses, and other 210 24 appropriate learning technologies that have been shown to 210 25 improve academic achievement and specified progress measures. 210 26 The term of the contract shall include the deployment of 210 27 computers to students and teachers in participating school 210 28 districts and accredited nonpublic schools in accordance with 210 29 subsection 2. 210 30 4. EVALUATION. To measure the effectiveness of the pilot 210 31 program established pursuant to subsection 2, the Iowa 210 32 learning technology commission shall, at a minimum, establish 210 33 standards and methods of measuring progress in the areas of 210 34 increased student engagement, decreased disciplinary problems, 210 35 increased use of computers for writing, analysis, and 211 1 research, movement toward student-centered classrooms, 211 2 increased parental involvement, and increases in standardized 211 3 test scores. The commission shall work cooperatively with the 211 4 department of education and the state board of regents in 211 5 establishing an evaluation process pursuant to this 211 6 subsection. 211 7 Sec. 243. NEW SECTION. 280A.2 COMMISSION – MEMBERS. 211 8 1. COMMISSION CREATED. An Iowa learning technology 211 9 commission is created to establish the policies and determine 211 10 the necessary budget for implementation of the Iowa learning 211 11 technology initiative. 211 12 2. MEMBERS. The commission shall initially be appointed 211 13 no later than July 1, 2004, and shall consist of eighteen 211 14 members appointed as follows: 211 15 a. Nine voting members who shall be members of the general 211 16 public and shall be appointed as follows: 211 17 (1) Two members shall be appointed by the governor. 211 18 (2) Two members shall be appointed by the president of the 211 19 senate. 211 20 (3) One member shall be appointed by the minority leader 211 21 of the senate. 211 22 (4) Two members shall be appointed by the speaker of the 211 23 house of representatives. 211 24 (5) One member shall be appointed by the minority leader 211 25 of the house of representatives. 211 26 (6) One member who is a member of the state board of 211 27 education shall be appointed by the chairperson of the state 211 28 board. 211 29 b. Nine ex officio, nonvoting members who shall be 211 30 appointed as follows: 211 31 (1) One member representing public postsecondary education 211 32 institutions who is employed by a public postsecondary 211 33 education institution shall be appointed by the governor. 211 34 (2) Three members representing three different school 211 35 districts shall be appointed by the governor as follows: 212 1 (a) One member shall be a teacher employed by a school 212 2 district or area education agency who is appointed from a list 212 3 of three names submitted by a certified employee organization 212 4 representing teachers licensed under chapter 272. 212 5 (b) One member shall be an administrator employed by a 212 6 school district who is appointed from a list of three names 212 7 submitted by a statewide organization representing 212 8 administrators licensed under chapter 272. 212 9 (c) One member shall be a member of a board of directors 212 10 of a school district who is appointed by a statewide 212 11 organization representing school boards. 212 12 (3) One member representing area education agencies shall 212 13 be appointed by the governor from a list of three names 212 14 submitted by area education agency administrators. 212 15 (4) One member who is a member of the senate shall be 212 16 appointed by the president of the senate. 212 17 (5) One member who is a member of the senate shall be 212 18 appointed by the minority leader of the senate. 212 19 (6) One member who is a member of the house of 212 20 representatives shall be appointed by the speaker of the house 212 21 of representatives. 212 22 (7) One member who is a member of the house of 212 23 representatives shall be appointed by the minority leader of 212 24 the house. 212 25 3. EXPERIENCE AND SPECIAL KNOWLEDGE. In appointing 212 26 members to the commission, proper consideration shall be given 212 27 to persons with experience or special knowledge in one or more 212 28 of the following areas: education, business, economic 212 29 development, technology, and finance. 212 30 4. BALANCE. Commission members shall be appointed in 212 31 compliance with sections 69.16 and 69.16A. Appointments of 212 32 public members shall be made to provide broad representation 212 33 of the various geographical areas of the state insofar as 212 34 possible. 212 35 5. CHAIRPERSONS. The commission shall elect a chairperson 213 1 and a vice chairperson annually from among the voting members 213 2 of the commission. A member shall not serve as a chairperson 213 3 or vice chairperson for more than three consecutive years. 213 4 6. MEETINGS. The commission shall meet at least three 213 5 times each year. 213 6 7. QUORUM. A majority of the voting members constitutes a 213 7 quorum for the transaction of any official business. 213 8 8. TERMS OF MEMBERS. The members shall be appointed to 213 9 three-year staggered terms and the terms shall commence and 213 10 end as provided by section 69.19. If a vacancy occurs, a 213 11 successor shall be appointed to serve the unexpired term. A 213 12 successor shall be appointed in the same manner and subject to 213 13 the same qualifications as the original appointment to serve 213 14 the unexpired term. 213 15 9. EXPENSES. Members of the commission are entitled to 213 16 receive reimbursement for actual expenses incurred while 213 17 engaged in the performance of official duties from the Iowa 213 18 learning technology fund created in section 280A.4, except 213 19 that legislators' expenses shall be paid from funds 213 20 appropriated by section 2.12. 213 21 Sec. 244. NEW SECTION. 280A.3 COMMISSION PLAN – GUIDING 213 22 PRINCIPLES. 213 23 1. The Iowa learning technology commission created in 213 24 section 280A.2 shall develop a learning technology plan to 213 25 achieve the goal of preparing students for an economy that is 213 26 increasingly dependent on technology and innovation. The 213 27 commission shall examine the use of technology in Iowa's and 213 28 the nation's elementary and secondary classrooms. 213 29 2. The plan developed by the commission shall include, but 213 30 not be limited to, the following: 213 31 a. The costs and benefits of each component of the plan. 213 32 b. The professional development needed to integrate 213 33 learning technology into classroom technology. 213 34 c. Strategies for implementation of the plan, including, 213 35 at a minimum, phasing in the plan over a term of years. 214 1 d. Strategies that coordinate the learning technology in 214 2 kindergarten through grade twelve with the initiatives and 214 3 resources of the department of education, Iowa communications 214 4 network, area education agencies, higher education 214 5 institutions providing approved practitioner preparation 214 6 programs, and other accredited postsecondary institutions in 214 7 the state. 214 8 e. Procedures for data tracking and assessment of the 214 9 progress in implementing the goals of the initiative and the 214 10 plan. 214 11 f. Strategies to establish a public-private partnership 214 12 between state government and a private sector business having 214 13 relevant knowledge and experience. 214 14 3. The plan shall be consistent with the following guiding 214 15 principles: 214 16 a. The plan shall promote equal opportunity for and 214 17 provide meaningful access to wireless and other learning 214 18 technology resources for all Iowa students regardless of 214 19 geographic location or economic means. 214 20 b. The plan shall support student achievement through the 214 21 integration of learning technologies that are content-focused 214 22 and that add value to existing instructional methods. 214 23 c. The plan shall provide for the future sustainability of 214 24 learning technology resources by adapting to future 214 25 educational needs and technological changes. 214 26 d. The plan shall provide professional development and 214 27 training programs for administrators, teachers and other 214 28 educators in the use and integration of learning technology 214 29 tools in curriculum development, instructional methods, and 214 30 student assessment systems. 214 31 e. The plan shall foster economic development across all 214 32 regions of the state and the preparation of students for an 214 33 economy that embraces technology and innovation. 214 34 4. The plan shall be submitted to the general assembly on 214 35 or before December 15, 2004. 215 1 Sec. 245. NEW SECTION. 280A.4 FUND. 215 2 1. An Iowa learning technology fund is created in the 215 3 state treasury. The fund shall consist of moneys including, 215 4 but not limited to, moneys in the form of a devise, gift, 215 5 bequest, donation, federal or other grant, reimbursement, 215 6 repayment, judgment, transfer, payment, or appropriation from 215 7 any source intended to be used for the purposes of the fund. 215 8 2. Moneys in the fund are appropriated to the Iowa 215 9 learning technology commission created in section 280A.2 for 215 10 purposes of an Iowa learning technology initiative created 215 11 pursuant to section 280A.1. Moneys in the fund shall not be 215 12 subject to appropriation for any other purpose by the general 215 13 assembly. However, moneys in the fund may be used for 215 14 necessary audit services, legal expenses, investment 215 15 management fees and services, and general administrative 215 16 expenses related to the management and administration of the 215 17 Iowa learning technology initiative. 215 18 3. Moneys in the fund are not subject to section 8.33. 215 19 Notwithstanding section 12C.7, subsection 2, interest or 215 20 earnings on moneys deposited in the fund shall be credited to 215 21 the fund. 215 22 4. The fund shall be administered by the commission, which 215 23 shall make expenditures from the fund consistent with the 215 24 purposes of the initiative without further appropriation. The 215 25 fund shall be administered in a manner that provides for the 215 26 financially sustainable support, use, and integration of 215 27 learning technology in Iowa schools through a public-private 215 28 partnership. Expenditures from the fund shall be made 215 29 consistent with the purposes of the Iowa learning technology 215 30 initiative to ensure one-to-one access to and ubiquitous use 215 31 of fully configured laptop computers in grade seven in public 215 32 and accredited nonpublic school classrooms located initially 215 33 in a number of school districts and accredited nonpublic 215 34 schools in Iowa as determined by the Iowa learning technology 215 35 commission. 216 1 Sec. 246. NEW SECTION. 280A.5 REPEAL. 216 2 This chapter is repealed effective July 1, 2009. 216 3 Sec. 247. Section 346.27, subsection 10, unnumbered 216 4 paragraph 1, Code Supplement 2003, is amended to read as 216 5 follows: 216 6 After the incorporation of an authority, and before the 216 7 sale of any issue of revenue bonds, except refunding bonds, 216 8 the authority shall call an election to decide the question of 216 9 whether the authority shall issue and sell revenue bonds. The 216 10 ballot shall state the amount of the bonds and the purposes 216 11 for which the authority is incorporated.Registered voters of216 12the city and the unincorporated areaAll registered voters of 216 13 the county shall be entitled to vote on the question. The 216 14 question may be submitted at a general election or at a 216 15 special election. An affirmative vote of a majority of the 216 16 votes cast on the question is required to authorize the 216 17 issuance and sale of revenue bonds. 216 18 Sec. 248. Section 346.27, subsection 25, unnumbered 216 19 paragraph 2, Code Supplement 2003, is amended to read as 216 20 follows: 216 21 The question of whether a conveyance shall be made shall be 216 22 submitted to the registered voters of thecity and the216 23unincorporated area of thecounty. An affirmative vote equal 216 24 to at least a majority of the total votes cast on the question 216 25 shall be required to authorize the conveyance. If the 216 26 question does not carry, the authority shall continue to 216 27 operate, maintain, and manage the building under a lease 216 28 arrangement with the incorporating units. 216 29 Sec. 249. Section 372.13, subsection 10, Code 2003, is 216 30 amended to read as follows: 216 31 10. A council member, during the term for which that 216 32 member is elected, is not precluded from holding the office of 216 33 chief of the volunteer fire department if the fire department 216 34 serves an area with a population of not more than two 216 35 thousand, and if no other candidate who is not a city council217 1member is available to hold the office of chief of the217 2volunteer fire department. A person holding the office of 217 3 chief of such a volunteer fire department at the time of the 217 4 person's election to the city council may continue to hold the 217 5 office of chief of the fire department during the city council 217 6 term for which that person was elected. 217 7 Sec. 250. Section 404A.2, unnumbered paragraph 1, Code 217 8 2003, is amended to read as follows: 217 9 The amount of the credit equals twenty-five percent of the 217 10 qualified rehabilitation costs made to eligible property. In 217 11 the case of commercial property, rehabilitation costs must 217 12 equal at least fifty percent of the assessed value of the 217 13 property, excluding the land, prior to the rehabilitation. In 217 14 the case of residential property or barns, the rehabilitation 217 15 costs must equal at least twenty-five thousand dollars or 217 16 twenty-five percent of the fair market value, excluding the 217 17 land, prior to the rehabilitation, whichever is less. In 217 18 computing the tax credit for eligible property that is 217 19 classified as residential or as commercial with multifamily 217 20 residential units, the rehabilitation costs used shall not 217 21 exceed one hundred thousand dollars per residential unit. In 217 22 computing the tax credit, the only costs which may be included 217 23 are the rehabilitation costs incurred between the period 217 24 ending on the project completion date and beginning on the 217 25later of either the date of issuance of the approval of the217 26project as provided in section 404A.3 ordate two years prior 217 27 to the project completion date, provided that any qualified 217 28 rehabilitation costs incurred prior to the date of approval of 217 29 the project as provided in section 404A.3 must be qualified 217 30 rehabilitation expenditures under the federal rehabilitation 217 31 credit in section 47 of the Internal Revenue Code. 217 32 Sec. 251. Section 422E.1, subsection 2, Code Supplement 217 33 2003, is amended to read as follows: 217 34 2. The maximum rate of tax shall be one percent. The tax 217 35 shall be imposed without regard to any other local sales and 218 1 services tax authorized in chapter 422B, and is repealed at 218 2 the expiration of a period of ten years of imposition or a 218 3 shorter period as provided in the ballot proposition unless 218 4 the period is extended as provided in section 422E.2, 218 5 subsection 5. However, all local option sales and services 218 6 taxes for school infrastructure purposes are repealed December 218 7 31, 2022. 218 8 Sec. 252. Section 422E.2, subsection 4, paragraph a, Code 218 9 Supplement 2003, is amended to read as follows: 218 10 a. Each school district located within the county may 218 11 submit a revenue purpose statement to the county commissioner 218 12 of elections no later than sixty days prior to the election 218 13 indicating the specific purpose or purposes for which the 218 14 local sales and services tax for school infrastructure revenue 218 15 and supplemental school infrastructure amount revenue will be 218 16 expended. The revenues received pursuant to this chapter 218 17 shall be expended for the purposes indicated in the revenue 218 18 purpose statement. The revenue purpose statement may include 218 19 information regarding the school district's use of the 218 20 revenues to provide for property tax relief or debt reduction. 218 21 A copy of the revenue purpose statement shall be made 218 22 available for public inspection in accordance with chapter 22, 218 23 shall be posted at the appropriate polling places of each 218 24 school district during the hours that the polls are open, and 218 25 be published in a newspaper of general circulation in the 218 26 school district no sooner than twenty days and no later than 218 27 ten days prior to the election. Notwithstanding the 218 28 requirements for a revenue purpose statement in this 218 29 paragraph, for elections occurring after April 1, 2003, but 218 30 before August 1, 2003, a revenue purpose statement submitted 218 31 not later than April 1, 2004, shall be considered to have met 218 32 the requirements of this paragraph. 218 33 Sec. 253. Section 422E.2, subsection 5, paragraphs a and 218 34 b, Code Supplement 2003, are amended to read as follows: 218 35 a. The tax may be repealed, the period of imposition of 219 1 the tax may be extended for additional periods up to ten years 219 2 each, or the rate increased, but not above one percent, or 219 3 decreased, or the use of the revenues changed after an 219 4 election at which a majority of those voting on the question 219 5 of repeal, extension, rate change, or change in use favored 219 6 the repeal, extension, rate change, or change in use. The 219 7 election at which the question of repeal, extension, rate 219 8 change, or change in use is offered shall be called and held 219 9 in the same manner and under the same conditions as provided 219 10 in this section for the election on the imposition of the tax. 219 11 However, an election on the change in use shall only be held 219 12 in the school district where the change in use is proposed to 219 13 occur. The election may be held at any time but not sooner 219 14 than sixty days following publication of the ballot 219 15 proposition. However, the tax shall not be repealed before it 219 16 has been in effect for one year. 219 17 b. Within ten days of the election at which a majority of 219 18 those voting on the question favors the imposition, repeal, 219 19 extension, or change in the rate of the tax, the county 219 20 auditor shall give written notice of the result of the 219 21 election by sending a copy of the abstract of the votes from 219 22 the favorable election to the director of revenue. Election 219 23 costs shall be apportioned among school districts within the 219 24 county on a pro rata basis in proportion to the number of 219 25 registered voters in each school district who reside within 219 26 the county and the total number of registered voters within 219 27 the county. 219 28 Sec. 254. Section 422E.3, subsection 1, Code Supplement 219 29 2003, is amended to read as follows: 219 30 1. If a majority of those voting on the question of 219 31 imposition of a local sales and services tax for school 219 32 infrastructure purposes favors imposition of the tax, the tax 219 33 shall be imposed by the county board of supervisors within the 219 34 county pursuant to section 422E.2, at the rate specified fora219 35ten-year durationthe period provided in section 422E.1, 220 1 subsection 2 on the gross receipts taxed by the state under 220 2 chapter 422, division IV. 220 3 Sec. 255. Section 422E.3A, subsection 2, paragraph a, Code 220 4 Supplement 2003, is amended to read as follows: 220 5 a. A school district that is located in whole or in part 220 6 in a county that voted on and approved prior to April 1, 2003, 220 7 the local sales and services tax for school infrastructure 220 8 purposes and that has a sales tax capacity per student above 220 9 the guaranteed school infrastructure amount shall receive for 220 10 the remainder of the unextended term of the tax an amount 220 11 equal to its pro rata share of the local sales and services 220 12 tax receipts as provided in section 422E.3, subsection 5, 220 13 paragraph "d", unless the school board passes a resolution by 220 14 October 1, 2003, agreeing to receive a distribution pursuant 220 15 to paragraph "b", subparagraph (1). 220 16 Sec. 256. Section 422E.3A, subsection 2, paragraph b, 220 17 subparagraphs (1) and (3), Code Supplement 2003, are amended 220 18 to read as follows: 220 19 (1) A school district that is located in whole or in part 220 20 in a county that voted on and approved prior to April 1, 2003, 220 21 the local sales and services tax for school infrastructure 220 22 purposes and that has a sales tax capacity per student below 220 23 its guaranteed school infrastructure amount shall receive for 220 24 the remainder of the unextended term of the tax an amount 220 25 equal to its pro rata share of the local sales and services 220 26 tax receipts as provided in section 422E.3, subsection 5, 220 27 paragraph "d", plus an amount equal to its supplemental school 220 28 infrastructure amount, unless the school district passes a 220 29 resolution by October 1, 2003, agreeing to receive only an 220 30 amount equal to its pro rata share as provided in section 220 31 422E.3, subsection 5, paragraph "d", in all subsequent years. 220 32 (3) A school district that is located in whole or in part 220 33 in a county that voted on and approved thecontinuation220 34 extension of the tax pursuant to section 422E.2, subsection 5, 220 35 on or after April 1, 2003, the local sales and services tax 221 1 for school infrastructure purposes shall receive for any 221 2 extended period an amount equal to its pro rata share of the 221 3 local sales and services tax receipts as provided in section 221 4 422E.3, subsection 5, paragraph "d", not to exceed its 221 5 guaranteed school infrastructure amount. However, if the 221 6 school district's pro rata share is less than its guaranteed 221 7 school infrastructure amount, the district shall receive an 221 8 additional amount equal to its supplemental school 221 9 infrastructure amount. 221 10 Sec. 257. Section 422E.3A, subsection 2, paragraph b, 221 11 subparagraph (4), Code Supplement 2003, is amended by striking 221 12 the subparagraph. 221 13 Sec. 258. Section 422E.4, unnumbered paragraph 1, Code 221 14 Supplement 2003, is amended to read as follows: 221 15 The board of directors of a school district shall be 221 16 authorized to issue negotiable, interest-bearing school bonds, 221 17 without election, and utilize tax receipts derived from the 221 18 sales and services tax for school infrastructure purposes and 221 19 the supplemental school infrastructure amount distributed 221 20 pursuant to section 422E.3A, subsection 2, paragraph "b", for 221 21 principal and interest repayment. Proceeds of the bonds 221 22 issued pursuant to this section shall be utilized solely for 221 23 school infrastructure needs as school infrastructure is 221 24 defined in section 422E.1, subsection 3.Issuance of bonds221 25pursuant to this section shall be permitted only in a district221 26which has imposed a local sales and services tax for school221 27infrastructure purposes pursuant to section 422E.2. The221 28provisions of sections 298.22 through 298.24 shall apply221 29regarding the form, rate of interest, registration,221 30redemption, and recording of bond issues pursuant to this221 31section, with the exception that the maximum period during221 32which principal on the bonds is payable shall not exceed the221 33date of repeal stated on the ballot proposition.Bonds issued 221 34 under this section may be sold at public or private sale as 221 35 provided in chapter 75 without notice and hearing as provided 222 1 in section 73A.l2. Bonds may bear dates, bear interest at 222 2 rates not exceeding that permitted by chapter 74A, mature in 222 3 one or more installments, be in registered form, carry 222 4 registration and conversion privileges, be payable as to 222 5 principal and interest at times and places, be subject to 222 6 terms of redemption prior to maturity with or without premium, 222 7 and be in one or more denominations, all as provided by the 222 8 resolution of the board of directors authorizing their 222 9 issuance. The resolution may also prescribe additional 222 10 provisions, terms, conditions, and covenants which the board 222 11 of directors deems advisable, including provisions for 222 12 creating and maintaining reserve funds, the issuance of 222 13 additional bonds ranking on a parity with such bonds and 222 14 additional bonds junior and subordinate to such bonds, and 222 15 that such bonds shall rank on a parity with or be junior and 222 16 subordinate to any bonds which may be then outstanding. Bonds 222 17 may be issued to refund outstanding and previously issued 222 18 bonds under this section. Local option sales and services tax 222 19 revenue bonds are a contract between the school district and 222 20 holders, and the resolution issuing the bonds and pledging 222 21 local option sales and services tax revenues to the payment of 222 22 principal and interest on the bonds is a part of the contract. 222 23 Bonds issued pursuant to this section shall not constitute 222 24 indebtedness within the meaning of any constitutional or 222 25 statutory debt limitation or restriction, and shall not be 222 26 subject to any other law relating to the authorization, 222 27 issuance, or sale of bonds. 222 28 Sec. 259. PAYMENTS IN LIEU OF GENERAL FUND REIMBURSEMENT. 222 29 Notwithstanding the amount of the standing appropriation from 222 30 the general fund of the state in the following designated 222 31 sections and notwithstanding any conflicting provisions or 222 32 voting requirements of section 8.56, there is appropriated 222 33 from the cash reserve fund in lieu of the appropriations in 222 34 the following designated sections for the fiscal year 222 35 beginning July 1, 2004, and ending June 30, 2005, the 223 1 following amounts for the following designated purposes: 223 2 1. For reimbursement for the homestead property tax credit 223 3 under section 425.1: 223 4 .................................................. $102,945,379 223 5 2. For reimbursement for the agricultural land and family 223 6 farm tax credits under sections 425A.1 and 426.1: 223 7 .................................................. $ 34,610,183 223 8 3. For reimbursement for the military service tax credit 223 9 under section 426A.1A: 223 10 .................................................. $ 2,568,402 223 11 4. For implementing the elderly and disabled credit and 223 12 reimbursement pursuant to sections 425.16 through 425.40: 223 13 .................................................. $ 19,540,000 223 14 If the sum of the amount of claims for credit for property 223 15 taxes due plus the amount of claims for reimbursement for rent 223 16 constituting property tax paid which are to be paid during the 223 17 fiscal year beginning July 1, 2004, exceeds the amount 223 18 appropriated in this subsection, the director of revenue shall 223 19 prorate the payments for the property tax credit and for 223 20 reimbursement for rent constituting property tax paid. In 223 21 order for the director to carry out the requirements of this 223 22 subsection, notwithstanding any provision to the contrary in 223 23 chapter 425, claims for reimbursement for rent constituting 223 24 property taxes paid filed before May 1, 2005, shall be 223 25 eligible to be paid during the fiscal year ending June 30, 223 26 2005, and those claims filed on or after May 1, 2005, shall be 223 27 eligible to be paid during the fiscal year beginning July 1, 223 28 2005, and the director is not required to make payments to 223 29 counties for the property tax credit before June 15, 2005. 223 30 Sec. 260. Section 455B.174, subsection 4, Code 2003, is 223 31 amended by adding the following new paragraph: 223 32 NEW PARAGRAPH. e. If a public water supply has a 223 33 groundwater source that contains petroleum, a fraction of 223 34 crude oil, or their degradation products, or is located in an 223 35 area deemed by the department as likely to be contaminated by 224 1 such materials, and after consultation with the public water 224 2 supply and consideration of all applicable rules relating to 224 3 remediation, the department may require the public water 224 4 supply to replace that groundwater source in order to receive 224 5 a permit to operate. The requirement to replace the source 224 6 shall only be made by the department if the public water 224 7 supply is fully compensated for any additional design, 224 8 construction, operation, and monitoring costs from the Iowa 224 9 comprehensive petroleum underground storage tank fund created 224 10 by chapter 455G or from any other funds that do not impose a 224 11 financial obligation on the part of the public water supply. 224 12 Funds available to or provided by the public water supply may 224 13 be used for system improvements made in conjunction with 224 14 replacement of the source. The department cannot require a 224 15 public water supply to replace its water source with a less 224 16 reliable water source or with a source that does not meet 224 17 federal primary, secondary, or other health-based standards 224 18 unless treatment is provided to ensure that the drinking water 224 19 meets these standards. Nothing in this paragraph shall affect 224 20 the public water supply's right to pursue recovery from a 224 21 responsible party. 224 22 Sec. 261. Section 455B.310, Code 2003, is amended by 224 23 adding the following new subsection: 224 24 NEW SUBSECTION. 10. Nonmetallic material processed by an 224 25 industrial shredder, and commonly referred to as shredder 224 26 fluff, which is disposed of as solid waste or otherwise used 224 27 by a sanitary landfill is exempt from the imposition of the 224 28 tonnage fee under this section. 224 29 Sec. 262. Section 535.8, subsection 2, paragraph b, 224 30 unnumbered paragraph 2, Code 2003, as amended by 2004 Iowa 224 31 Acts, House File 2484, if enacted, is amended to read as 224 32 follows: 224 33 The lender shall not charge the borrower for the cost of 224 34 revenue stamps or real estate commissions which are paid by 224 35 the seller. 225 1 The collection of any costs other than as expressly 225 2 permitted by this paragraph "b" is prohibited. However, 225 3 additional costs incurred in connection with a loan under this 225 4 paragraph "b", if bona fide and reasonable, may be collected 225 5 by a state-chartered financial institution licensed under 225 6 chapter 524, 533, or 534, to the extent permitted under 225 7 applicable federal law as determined by the office of the 225 8 comptroller of the currency of the United States department of 225 9 treasury, the national credit unionassociation225 10 administration, or the office of thrift supervision of the 225 11 United States department of treasury. Such costs shall apply 225 12 only to the same type ofstate charteredstate-chartered 225 13 entity as the federally chartered entity affected and to an 225 14 insurer organized under chapter 508 or 515, or otherwise 225 15 authorized to conduct the business of insurance in this state. 225 16 Sec. 263. Section 668B.2, subsection 1, if enacted by 2004 225 17 Iowa Acts, House File 2440, section 2, is amended to read as 225 18 follows: 225 19 1. "Health care provider" means a physician as defined in 225 20 section 135.1, a licensed physician assistant as defined in 225 21 section 148C.1, a nurse, including an advanced registered 225 22 nurse practitioner, licensed pursuant to chapter 152, a 225 23 hospital as defined in section 135B.1,anda health care 225 24 facility as defined in section 135C.1, and a federally 225 25 licensed, regulated, or registered nonprofit blood bank, blood 225 26 center, or plasma center that is collecting, processing, or 225 27 distributing whole human blood, blood components, plasma, 225 28 blood fractions, or blood derivatives for use by a licensed 225 29 health care provider. 225 30 Sec. 264. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 225 31 GENERAL FUND. The various state departments, boards, 225 32 commissions, councils, and agencies, including the state board 225 33 of regents, for the fiscal year beginning July 1, 2004, and 225 34 ending June 30, 2005, shall provide from available sources pay 225 35 adjustments, expense reimbursements, and related benefits to 226 1 fully fund the following: 226 2 1. The collective bargaining agreement negotiated pursuant 226 3 to chapter 20 for employees in the blue collar bargaining 226 4 unit. 226 5 2. The collective bargaining agreement negotiated pursuant 226 6 to chapter 20 for employees in the public safety bargaining 226 7 unit. 226 8 3. The collective bargaining agreement negotiated pursuant 226 9 to chapter 20 for employees in the security bargaining unit. 226 10 4. The collective bargaining agreement negotiated pursuant 226 11 to chapter 20 for employees in the technical bargaining unit. 226 12 5. The collective bargaining agreement negotiated pursuant 226 13 to chapter 20 for employees in the professional fiscal and 226 14 staff bargaining unit. 226 15 6. The collective bargaining agreement negotiated pursuant 226 16 to chapter 20 for employees in the clerical bargaining unit. 226 17 7. The collective bargaining agreement negotiated pursuant 226 18 to chapter 20 for employees in the professional social 226 19 services bargaining unit. 226 20 8. The collective bargaining agreement negotiated pursuant 226 21 to chapter 20 for employees in the community-based corrections 226 22 bargaining unit. 226 23 9. The collective bargaining agreements negotiated 226 24 pursuant to chapter 20 for employees in the judicial branch of 226 25 government bargaining units. 226 26 10. The collective bargaining agreement negotiated 226 27 pursuant to chapter 20 for employees in the patient care 226 28 bargaining unit. 226 29 11. The collective bargaining agreement negotiated 226 30 pursuant to chapter 20 for employees in the science bargaining 226 31 unit. 226 32 12. The collective bargaining agreement negotiated 226 33 pursuant to chapter 20 for employees in the university of 226 34 northern Iowa faculty bargaining unit. 226 35 13. The collective bargaining agreement negotiated 227 1 pursuant to chapter 20 for employees in the state university 227 2 of Iowa graduate student bargaining unit. 227 3 14. The collective bargaining agreement negotiated 227 4 pursuant to chapter 20 for employees in the state university 227 5 of Iowa hospital and clinics tertiary health care bargaining 227 6 unit. 227 7 15. The annual pay adjustments, related benefits, and 227 8 expense reimbursements referred to in section 265 of this 227 9 division of this Act for employees not covered by a collective 227 10 bargaining agreement. 227 11 Sec. 265. NONCONTRACT STATE EMPLOYEES – GENERAL. 227 12 1. a. For the fiscal year beginning July 1, 2004, the 227 13 maximum salary levels of all pay plans provided for in section 227 14 8A.413, subsection 2, as they exist for the fiscal year ending 227 15 June 30, 2004, shall be increased by 2 percent for the pay 227 16 period beginning December 31, 2004, and any additional changes 227 17 in the pay plans shall be approved by the governor. 227 18 b. For the fiscal year beginning July 1, 2004, employees 227 19 may receive a step increase or the equivalent of a step 227 20 increase. 227 21 2. The pay plans for state employees who are exempt from 227 22 chapter 8A, Article 4, and who are included in the department 227 23 of administrative service's centralized payroll system shall 227 24 be increased in the same manner as provided in subsection 1, 227 25 and any additional changes in any executive branch pay plans 227 26 shall be approved by the governor. 227 27 3. This section does not apply to members of the general 227 28 assembly, board members, commission members, salaries of 227 29 persons set by the general assembly pursuant to this division 227 30 of this Act or set by the governor, employees designated under 227 31 section 8A.412, subsection 5, and employees covered by 11 IAC 227 32 53.6(3). 227 33 4. The pay plans for the bargaining eligible employees of 227 34 the state other than the employees of the state board of 227 35 regents shall be increased in the same manner as provided in 228 1 subsection 1, and any additional changes in such executive 228 2 branch pay plans shall be approved by the governor. As used 228 3 in this section, "bargaining eligible employee" means an 228 4 employee who is eligible to organize under chapter 20, but has 228 5 not done so. 228 6 5. The policies for implementation of this section shall 228 7 be approved by the governor. 228 8 Sec. 266. APPROPRIATIONS FROM ROAD FUNDS. 228 9 1. There is appropriated from the road use tax fund to the 228 10 salary adjustment fund for the fiscal year beginning July 1, 228 11 2004, and ending June 30, 2005, the following amount, or so 228 12 much thereof as may be necessary, to be used for the purpose 228 13 designated: 228 14 To supplement other funds appropriated by the general 228 15 assembly: 228 16 .................................................. $ 3,000,000 228 17 2. There is appropriated from the primary road fund to the 228 18 salary adjustment fund, for the fiscal year beginning July 1, 228 19 2004, and ending June 30, 2005, the following amount, or so 228 20 much thereof as may be necessary, to be used for the purpose 228 21 designated: 228 22 To supplement other funds appropriated by the general 228 23 assembly: 228 24 .................................................. $ 12,000,000 228 25 3. Except as otherwise provided in this division of this 228 26 Act, the amounts appropriated in subsections 1 and 2 shall be 228 27 used to fund the annual pay adjustments, expense 228 28 reimbursements, and related benefits for public employees as 228 29 provided in this division of this Act. 228 30 Sec. 267. SPECIAL FUNDS – AUTHORIZATION. To departmental 228 31 revolving, trust, or special funds, except for the primary 228 32 road fund or the road use tax fund, for which the general 228 33 assembly has established an operating budget, a supplemental 228 34 expenditure authorization is provided, unless otherwise 228 35 provided, in an amount necessary to fund salary adjustments as 229 1 otherwise provided in this division of this Act. 229 2 Sec. 268. FEDERAL FUNDS APPROPRIATED. All federal grants 229 3 to and the federal receipts of the agencies affected by this 229 4 division of this Act which are received and may be expended 229 5 for purposes of pay adjustments and related benefits as 229 6 covered in this division of this Act are appropriated for 229 7 those purposes and as set forth in the federal grants or 229 8 receipts. 229 9 Sec. 269. STATE TROOPER MEAL ALLOWANCE. The sworn peace 229 10 officers in the department of public safety who are not 229 11 covered by a collective bargaining agreement negotiated 229 12 pursuant to chapter 20 shall receive the same per diem meal 229 13 allowance as the sworn peace officers in the department of 229 14 public safety who are covered by a collective bargaining 229 15 agreement negotiated pursuant to chapter 20. 229 16 Sec. 270. 2001 Iowa Acts, chapter 174, section 1, 229 17 subsection 2, as amended by 2002 Iowa Acts, chapter 1174, 229 18 section 8, and 2003 Iowa Acts, chapter 179, section 38, is 229 19 amended to read as follows: 229 20 2. There is appropriated from the general fund of the 229 21 state to the endowment for Iowa's health account of the 229 22 tobacco settlement trust fund created in section 12E.12, for 229 23 the designated fiscal years, the following amounts, to be used 229 24 for the purposes specified in section 12E.12 for the endowment 229 25 for Iowa's health account: 229 26 FY 2001-2002 ..................................... $ 7,248,000 229 27 FY 2003-2004 ..................................... $ 0 229 28 FY 2004-2005 ..................................... $29,785,000229 29 0 229 30 FY 2005-2006 ..................................... $ 29,562,000 229 31 FY 2006-2007 ..................................... $ 17,773,000 229 32 Sec. 271. 2003 Iowa Acts, chapter 178, section 28, 229 33 unnumbered paragraph 3, is amended to read as follows: 229 34 Notwithstanding section 8.64, subsection 4, as enacted by 229 35 this division of this Act, the local government innovation 230 1 fund committee may provideup to 20 percent of theany amount 230 2 appropriated in this section in the form of forgivable loans 230 3 or as grants for those projects that propose a new and 230 4 innovative sharing initiative that would serve as an important 230 5 model for cities and counties. 230 6 Sec. 272. Notwithstanding section 8.33, moneys 230 7 appropriated in 2003 Iowa Acts, chapter 178, section 62, and 230 8 2003 Iowa Acts, chapter 181, section 11, subsection 3, which 230 9 remain unencumbered or unobligated at the close of the fiscal 230 10 year beginning July 1, 2003, shall not revert but shall remain 230 11 available for expenditure for the purposes for which they were 230 12 appropriated for the fiscal year beginning July 1, 2004. 230 13 Sec. 273. 2004 Iowa Acts, House File 2490, section 8, if 230 14 enacted, is repealed. 230 15 Sec. 274. 2003 Iowa Acts, chapter 179, section 21, 230 16 unnumbered paragraph 5, is amended to read as follows: 230 17 Notwithstanding section 8.33, unencumbered or unobligated 230 18 funds remaining on June 30, 2003, from the appropriation made 230 19 in this section shall not revert but shall remain available to 230 20 be used for the purposes designatedin the following fiscal230 21yearuntil the end of the fiscal year beginning July 1, 2004. 230 22 Funds appropriated in this section remaining unencumbered or 230 23 unobligated at the end of the fiscal year beginning July 1, 230 24 2004, shall not revert but shall remain available to be used 230 25 for the purposes designated and for a home ownership 230 26 assistance program for eligible members of the national guard 230 27 and reserves of the armed forces of the United States and the 230 28 members' immediate families. 230 29 Sec. 275. 2003 Iowa Acts, First Extraordinary Session, 230 30 chapter 2, section 4, unnumbered paragraph 3, is amended to 230 31 read as follows: 230 32 Notwithstanding section 8.64, subsection 4, if enacted by 230 33 2003 Iowa Acts, Senate File 453, section 27, the local 230 34 government innovation fund committee may provideup to 20230 35percent of theany amount appropriated in this section in the 231 1 form of forgivable loans or as grants for those projects that 231 2 propose a new and innovative sharing initiative that would 231 3 serve as an important model for cities and counties. 231 4 Sec. 276. UNFILLED VACANCIES – STATE BOARD OF REGENTS. 231 5 The state board of regents shall report on the policies of the 231 6 institutions under the authority of the state board for 231 7 addressing the budget ramifications associated with unfilled 231 8 vacant positions. If a policy does not exist, the state board 231 9 shall provide for implementation of such a policy and report 231 10 concerning the policy to the government oversight committees 231 11 of the senate and house of representatives. The report shall 231 12 be submitted on or before December 15, 2004. 231 13 Sec. 277. STATE BOARD OF REGENTS BONDING. 231 14 1. FINDINGS. The general assembly finds that: 231 15 a. Pursuant to section 262A.3, the state board of regents 231 16 prepared and within seven days after the convening of the 231 17 Eightieth General Assembly of the State of Iowa, Second 231 18 Session, submitted to the Eightieth General Assembly, Second 231 19 Session, for approval the proposed five-year building program 231 20 for each institution of higher learning under the jurisdiction 231 21 of the board, containing a list of the buildings and 231 22 facilities which the board deems necessary to further the 231 23 educational objectives of the institutions, together with an 231 24 estimate of the cost of each of the buildings and facilities 231 25 and an estimate of the maximum amount of revenue bonds which 231 26 the board expects to issue under chapter 262A to finance the 231 27 costs of the projects. 231 28 b. The projects contained in the capital improvement 231 29 program are deemed necessary for the proper performance of the 231 30 instructional, research, and service functions of the 231 31 institutions. 231 32 c. Section 262A.4 provides that the state board of 231 33 regents, after authorization by a constitutional majority of 231 34 each house of the general assembly and approval by the 231 35 governor, may undertake and carry out at the institutions of 232 1 higher learning under the jurisdiction of the board any 232 2 project as defined in chapter 262A. 232 3 d. Chapter 262A authorizes the state board of regents to 232 4 borrow moneys and to issue and sell negotiable revenue bonds 232 5 to pay all or any part of the cost of carrying out projects at 232 6 any institution payable solely from and secured by an 232 7 irrevocable pledge of a sufficient portion of the student fees 232 8 and charges and institutional income received by the 232 9 particular institution. 232 10 e. To further the educational objectives of the 232 11 institutions, the state board of regents requests 232 12 authorization to undertake and carry out certain projects at 232 13 this time and to finance their costs by borrowing moneys and 232 14 issuing negotiable bonds under chapter 262A in a total amount 232 15 as provided in this section, with the remaining costs of the 232 16 projects to be financed by appropriations or by federal or 232 17 other funds lawfully available. 232 18 2. APPROVAL – LIMITS. 232 19 a. The proposed five-year building program submitted by 232 20 the state board of regents for each institution of higher 232 21 learning under its jurisdiction is approved and no commitment 232 22 is implied or intended by approval to fund any portion of the 232 23 proposed five-year building program submitted by the state 232 24 board of regents beyond the portion that is financed and 232 25 approved by the Eightieth General Assembly, Second Session, 232 26 and the governor. 232 27 b. The maximum amount of bonds which the state board of 232 28 regents expects to issue under chapter 262A, unless additional 232 29 bonding is authorized, is set forth in this section, and this 232 30 plan of financing is approved. 232 31 3. PROJECTS. The state board of regents is authorized to 232 32 undertake, plan, construct, improve, repair, remodel, furnish, 232 33 and equip, and otherwise carry out the following projects at 232 34 the institutions of higher learning under the jurisdiction of 232 35 the board, and the general assembly authorizes the state board 233 1 of regents to borrow moneys and to issue and sell negotiable 233 2 revenue bonds in the amount of $120,000,000 in the manner 233 3 provided in sections 262A.5 and 262A.6 in order to pay all or 233 4 any part of the costs of carrying out the projects at the 233 5 institutions as follows: 233 6 a. Iowa state university of science and technology 233 7 For the veterinary teaching hospital – diagnostic lab, 233 8 Coover hall – information science, and for fire safety costs: 233 9 .................................................. $ 48,000,000 233 10 b. State university of Iowa 233 11 For the chemistry building renovation, phase II of the art 233 12 building renovation, and for fire safety costs: 233 13 .................................................. $ 50,000,000 233 14 c. University of northern Iowa 233 15 For the science buildings renovation project and for the 233 16 Russell hall renovation: 233 17 .................................................. $ 22,000,000 233 18 Total ............................................ $120,000,000 233 19 4. Notwithstanding the limitation established in 233 20 subsection 3, the amount of bonds issued as authorized in 233 21 subsection 3 may be exceeded by the amount the state board of 233 22 regents determines to be necessary to capitalize bond 233 23 reserves, interest during construction, and issuance costs. 233 24 Sec. 278. COMMERCIAL VEHICLE REGISTRATION FEES – REFUND. 233 25 Notwithstanding the provisions relating to the registration of 233 26 commercial vehicles, as defined in section 321.1, the 233 27 requirement of the return of the registration plate and 233 28 registration receipt to the state department of 233 29 transportation, and the time limit for applying for a refund, 233 30 any person that sold a commercial vehicle between January 1, 233 31 2002, and April 1, 2002, shall receive a refund of any 233 32 registration fees, penalties, or interest assessed related to 233 33 the registration of such vehicle for a registration year 233 34 beginning in the 2002 calendar year if all of the following 233 35 apply: 234 1 1. The person failed to register the commercial vehicle 234 2 for the registration year beginning in the 2002 calendar year. 234 3 2. The commercial vehicle was sold by the person to 234 4 another during the period beginning January 1, 2002, and 234 5 ending April 1, 2002, and the purchaser registered the vehicle 234 6 for all or part of the registration year beginning in the 2002 234 7 calendar year. 234 8 3. A claim for refund pursuant to this section is filed 234 9 with the state department of transportation after the 234 10 effective date of this section and prior to August 1, 2004. 234 11 Sec. 279. ACCESS TO NECESSARY PRESCRIPTION DRUGS – FREE 234 12 CLINIC TEST PROGRAM FOR PERSONS WHO ARE UNINSURED OR 234 13 UNDERINSURED. There is appropriated from the general fund of 234 14 the state to the Iowa department of public health for the 234 15 fiscal year beginning July 1, 2004, and ending June 30, 2005, 234 16 the following amount, or so much thereof as is necessary, to 234 17 be used for the purpose designated: 234 18 For the bureau of health care access to issue a grant in 234 19 accordance with this section: 234 20 .................................................. $ 10,000 234 21 The entire amount appropriated in this section shall be 234 22 issued by the bureau as a grant to a free clinic, as defined 234 23 in section 135.24, operating in one county. The grant shall 234 24 be used by the free clinic to establish a partnership and test 234 25 program for a buying cooperative approach for purchasing 234 26 prescription drugs at a price less than retail. The 234 27 prescription drugs purchased through the approach shall be 234 28 provided to patients of the free clinic who are uninsured or 234 29 underinsured. 234 30 Sec. 280. MODIFIED ADDITIONAL ALLOWABLE GROWTH. For the 234 31 fiscal year beginning July 1, 2004, and ending June 30, 2005, 234 32 notwithstanding anything contrary in section 257.18, 234 33 subsection 2, if the board adopts a resolution, not later than 234 34 April 15, 2004, to increase its participation in the 234 35 instructional support program under section 257.18 and a 235 1 petition is not filed or if the question is submitted to the 235 2 registered voters of the school district and the question is 235 3 approved, the school budget review committee shall establish 235 4 modified allowable growth for the school district for the 235 5 fiscal year beginning July 1, 2004, for the amount of 235 6 increased spending authority. The modified allowable growth 235 7 shall equal the sum of the increased state aid, income surtax, 235 8 and property tax portion of the instructional support program 235 9 requested by the district. The district is not eligible for 235 10 state aid as determined under section 257.20 due to increased 235 11 participation percent. 235 12 Sec. 281. CHARTER AGENCIES – FULL-TIME EQUIVALENT 235 13 EMPLOYEE LIMITS – REVERSIONS. 235 14 1. Notwithstanding any limitation on the number of full- 235 15 time equivalent employees for the fiscal year beginning July 235 16 1, 2004, and ending June 30, 2005, stated in this Act or any 235 17 other Act, the personnel management provisions of section 235 18 7J.1, subsection 4, shall remain applicable to those state 235 19 departments or agencies designated as a charter agency under 235 20 chapter 7J. 235 21 2. The provisions of section 7J.1, subsection 3, paragraph 235 22 "c", relating to reversions, are not applicable to any 235 23 appropriation made to a charter agency that this Act or any 235 24 other Act provides is not subject to reversion. 235 25 Sec. 282. PREVAILING LEGISLATION. If 2004 Iowa Acts, 235 26 Senate File 399 is enacted and includes a provision increasing 235 27 the criminal penalty surcharge to thirty-two percent of a fine 235 28 or forfeiture, the following shall be the consequence: 235 29 1. The thirty percent surcharge set out in the amendment 235 30 to section 911.1, Code 2003, in 2004 Iowa Acts, House File 235 31 2530, section 10, if enacted, is null and void, and 2004 Iowa 235 32 Acts, House File 2530, section 10, if enacted, is amended to 235 33 provide for the surcharge at thirty-two percent to conform to 235 34 the thirty-two percent provision included in 2004 Iowa Acts, 235 35 Senate File 399. 236 1 2. As a result of including the thirty-two percent 236 2 provision in 2004 Iowa Acts, House File 2530, section 10, if 236 3 enacted, the section of 2004 Iowa Acts, Senate File 399 236 4 amending section 911.2, Code 2003, is null and void. 236 5 Sec. 283. Section 266.31, Code 2003, is repealed. 236 6 Sec. 284. Section 266.39D, Code Supplement 2003, is 236 7 repealed. 236 8 Sec. 285. STATE PERCENT OF GROWTH DEADLINES AND 236 9 RESTRICTIONS – INAPPLICABILITY. The thirty-day deadline and 236 10 restrictions for the enactment of the state percent of growth 236 11 provided in section 257.8 do not apply to this Act. 236 12 Sec. 286. APPOINTMENTS. The new appointees to the 236 13 commission of veterans affairs, pursuant to the increase in 236 14 the membership of the commission as provided in this division 236 15 of this Act, shall be appointed by the governor, with one 236 16 member being appointed for an initial term of two years and 236 17 one member being appointed for an initial term of four years. 236 18 Sec. 287. EFFECTIVE AND APPLICABILITY DATE PROVISIONS. 236 19 1. The section of this division of this Act enacting 236 20 section 153.40 takes effect upon receipt of the Iowa 236 21 department of public health of federal funding to establish a 236 22 mobile dental delivery system. The director of public health 236 23 shall notify the Iowa code editor that the funding has been 236 24 received. 236 25 2. The sections of this division of this Act amending 236 26 sections 257.8 and 257.35 are applicable for computing state 236 27 aid under the state school foundation program for the school 236 28 budget year beginning July 1, 2004. 236 29 3. The sections of this division of this Act amending 236 30 sections 257.14, 346.27, and 422E.2, being deemed of immediate 236 31 importance, take effect upon enactment. 236 32 4. The section relating to the refund for commercial 236 33 vehicle registration fees, penalties, and interest, being 236 34 deemed of immediate importance takes effect upon enactment. 236 35 5. The section of this division of this Act amending 237 1 section 404A.2, being deemed of immediate importance, takes 237 2 effect upon enactment and applies retroactively to July 1, 237 3 2002. 237 4 6. The section of this division of this Act providing 237 5 modified allowable growth for school districts to participate 237 6 in an instructional support program, being deemed of immediate 237 7 importance, takes effect upon enactment. 237 8 7. The section of the division of this Act amending 2003 237 9 Iowa Acts, chapter 179, section 21, being deemed of immediate 237 10 importance, takes effect upon enactment. 237 11 8. The section of this division of this Act relating to 237 12 the nonreversion of moneys appropriated pursuant to 2003 Iowa 237 13 Acts, chapter 178, section 62, and 2003 Iowa Acts, chapter 237 14 181, section 11, being deemed of immediate importance, takes 237 15 effect upon enactment. 237 16 9. The sections of this division of this Act relating to 237 17 the increase in membership of the commission of veterans 237 18 affairs, being deemed of immediate importance, take effect 237 19 upon enactment. 237 20 10. The section of this division of this Act repealing 237 21 2004 Iowa Acts, House File 2490, section 8, if enacted, being 237 22 deemed of immediate importance, takes effect upon enactment. 237 23 11. The sections of this division of this Act amending 237 24 sections 8.22A and 8.54, being deemed of immediate importance, 237 25 take effect upon enactment. 237 26 DIVISION XI 237 27 REBUILD IOWA INFRASTRUCTURE FUND 237 28 Sec. 288. There is appropriated from the rebuild Iowa 237 29 infrastructure fund to the following departments and agencies 237 30 for the designated fiscal years, the following amounts, or so 237 31 much thereof as is necessary, to be used for the purposes 237 32 designated: 237 33 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 237 34 a. For routine maintenance of state buildings and 237 35 facilities, notwithstanding section 8.57, subsection 5, 238 1 paragraph "c": 238 2 FY 2004-2005...................................... $ 2,000,000 238 3 b. For relocation costs directly associated with 238 4 remodeling projects on the capitol complex and for facility 238 5 lease payments for the department of corrections, the Iowa 238 6 department of public health, and the department of public 238 7 safety, notwithstanding section 8.57, subsection 5, paragraph 238 8 "c": 238 9 FY 2004-2005...................................... $ 2,271,617 238 10 c. For technology improvement projects, notwithstanding 238 11 section 8.57, subsection 5, paragraph "c": 238 12 FY 2004-2005...................................... $ 1,861,496 238 13 Of the amount appropriated in this lettered paragraph, 238 14 $288,496 is allocated to maintain and operate the enterprise 238 15 warehouse technology project and $73,000 is allocated to the 238 16 division of criminal and juvenile justice planning of the 238 17 department of human rights for 1.00 full-time equivalent 238 18 position to provide support for the justice data warehouse 238 19 technology project. 238 20 d. For major renovation and major repair needs, including 238 21 health, life, and fire safety needs, and for compliance with 238 22 the federal Americans With Disabilities Act, for state 238 23 buildings and facilities under the purview of the department: 238 24 FY 2004-2005...................................... $ 4,300,000 238 25 (1) Of the amount appropriated in this lettered paragraph, 238 26 up to $375,000 may be used for costs associated with project 238 27 management services in the division of design and construction 238 28 within the general services enterprise of the department, 238 29 notwithstanding section 8.57, subsection 5, paragraph "c". 238 30 (2) Of the amount appropriated in this lettered paragraph, 238 31 $200,000 may be used for costs associated with the vertical 238 32 infrastructure program, notwithstanding section 8.57, 238 33 subsection 5, paragraph "c". 238 34 e. For costs associated with the remodeling of the records 238 35 and property center: 239 1 FY 2004-2005...................................... $ 5,000,000 239 2 FY 2005-2006...................................... $ 4,700,000 239 3 f. For accent lighting systems for the soldiers and 239 4 sailors monument and the Allison monument on the capitol 239 5 complex: 239 6 FY 2004-2005...................................... $ 35,000 239 7 g. For capitol interior restoration: 239 8 FY 2004-2005...................................... $ 1,770,000 239 9 h. For costs associated with the purchase of laboratory 239 10 equipment for and the maintenance and operation of the state 239 11 laboratories facility located in Ankeny, notwithstanding 239 12 section 8.57, subsection 5, paragraph "c": 239 13 FY 2004-2005...................................... $ 355,500 239 14 2. DEPARTMENT FOR THE BLIND 239 15 For the remodeling of the orientation center: 239 16 FY 2004-2005...................................... $ 67,000 239 17 3. STATE BOARD OF REGENTS 239 18 For maintenance at the Iowa school for the deaf and the 239 19 Iowa braille and sight saving school: 239 20 FY 2004-2005...................................... $ 500,000 239 21 4. DEPARTMENT OF CORRECTIONS 239 22 a. For costs of entering into a lease-purchase agreement 239 23 to connect the electrical system supporting the special needs 239 24 unit at Fort Madison: 239 25 FY 2004-2005...................................... $ 333,168 239 26 b. For construction of a community-based correctional 239 27 facility, including district offices, in Davenport: 239 28 FY 2004-2005...................................... $ 3,000,000 239 29 FY 2005-2006...................................... $ 3,750,000 239 30 FY 2006-2007...................................... $ 3,750,000 239 31 It is the intent of the general assembly that the 239 32 department of management allocate the entire appropriation for 239 33 the fiscal year beginning July 1, 2006, to the department of 239 34 corrections by July 31, 2006. 239 35 5. DEPARTMENT OF CULTURAL AFFAIRS 240 1 a. For historical site preservation grants, to be used for 240 2 the restoration, preservation, and development of historical 240 3 sites: 240 4 FY 2004-2005...................................... $ 500,000 240 5 Historical site preservation grants shall only be awarded 240 6 for projects which meet the definition of "vertical 240 7 infrastructure" in section 8.57, subsection 5, paragraph "c". 240 8 In making grants pursuant to this lettered paragraph, the 240 9 department shall consider the existence and amount of other 240 10 funds available to an applicant for the designated project. A 240 11 grant awarded from moneys appropriated in this lettered 240 12 paragraph shall not exceed $100,000 per project. Not more 240 13 than two grants may be awarded in the same county. 240 14 b. For continuation of the project recommended by the Iowa 240 15 battle flag advisory committee to stabilize the condition of 240 16 the battle flag collection, notwithstanding section 8.57, 240 17 subsection 5, paragraph "c": 240 18 FY 2004-2005...................................... $ 100,000 240 19 6. DEPARTMENT OF ECONOMIC DEVELOPMENT 240 20 a. For accelerated career education program capital 240 21 projects at community colleges that are authorized under 240 22 chapter 260G and that meet the definition of "vertical 240 23 infrastructure" in section 8.57, subsection 5, paragraph "c": 240 24 FY 2004-2005...................................... $ 5,500,000 240 25 The moneys appropriated in this paragraph shall be 240 26 allocated equally among the community colleges in the state. 240 27 If any portion of the equal allocation to a community college 240 28 is not obligated or encumbered by April 1, 2005, the 240 29 unobligated and unencumbered portions shall be available for 240 30 use by other community colleges. 240 31 b. For sole source grant costs associated with the hosting 240 32 of the national special Olympics in Iowa by a special Olympics 240 33 nonprofit entity, notwithstanding section 8.57, subsection 5, 240 34 paragraph "c": 240 35 FY 2004-2005...................................... $ 500,000 241 1 c. To provide a grant for the planning, design, and 241 2 construction of a not-for-profit family recreational facility 241 3 that will also include a cardiac rehabilitation center and a 241 4 family indoor aquatic center and which will be located in a 241 5 county with a population between 150,000 and 185,000: 241 6 FY 2004-2005...................................... $ 200,000 241 7 d. To be used for the Iowa Lewis and Clark bicentennial 241 8 commission established pursuant to section 15.221, 241 9 notwithstanding section 8.57, subsection 5, paragraph "c": 241 10 FY 2004-2005...................................... $ 50,000 241 11 7. DEPARTMENT OF EDUCATION 241 12 a. To provide resources for structural and technological 241 13 improvements to local libraries and for the enrich Iowa 241 14 program, notwithstanding section 8.57, subsection 5, paragraph 241 15 "c": 241 16 FY 2004-2005...................................... $ 600,000 241 17 Funds allocated for purposes of the enrich Iowa program as 241 18 provided in this lettered paragraph shall be distributed by 241 19 the division of libraries and information services to provide 241 20 support for Iowa's libraries. 241 21 b. For maintenance and lease costs associated with part 241 22 III connections, notwithstanding section 8.57, subsection 5, 241 23 paragraph "c": 241 24 FY 2004-2005...................................... $ 2,727,000 241 25 c. For costs associated with the remodeling of the Jessie 241 26 Parker building: 241 27 FY 2004-2005...................................... $ 303,632 241 28 d. For allocation to the public broadcasting division for 241 29 costs of installation of digital and analog television for 241 30 Iowa public television facilities, notwithstanding section 241 31 8.57, subsection 5, paragraph "c": 241 32 FY 2004-2005...................................... $ 8,000,000 241 33 FY 2005-2006...................................... $ 8,000,000 241 34 FY 2006-2007...................................... $ 2,300,000 241 35 8. DEPARTMENT OF HUMAN SERVICES 242 1 To provide a grant for the planning, design, and 242 2 construction of a residential treatment facility for youth 242 3 with emotional and behavioral disorders located in a central 242 4 Iowa county with a population of approximately 80,000: 242 5 FY 2004-2005...................................... $ 250,000 242 6 9. IOWA STATE FAIR AUTHORITY 242 7 For vertical infrastructure projects on the state 242 8 fairgrounds: 242 9 FY 2004-2005...................................... $ 250,000 242 10 For purposes of this subsection, "vertical infrastructure" 242 11 means the same as defined in section 8.57, subsection 5, 242 12 paragraph "c". 242 13 10. NATIONAL PROGRAM FOR PLAYGROUND SAFETY AT THE 242 14 UNIVERSITY OF NORTHERN IOWA 242 15 For the Iowa safe surfacing initiative, notwithstanding 242 16 section 8.57, subsection 5, paragraph "c": 242 17 .................................................. $ 500,000 242 18 Not more than 2.5 percent of the funds appropriated in this 242 19 subsection shall be used by the national program for 242 20 playground safety for administrative costs associated with the 242 21 Iowa safe surfacing initiative. 242 22 The crumb rubber playground tiles for the initiative shall 242 23 be international play equipment manufacturers association 242 24 (IPEMA)-certified to the American society for testing and 242 25 materials (ASTM) F1292 standard. 242 26 11. DEPARTMENT OF NATURAL RESOURCES 242 27 For costs associated with the planning, design, and 242 28 construction of a premier destination state park, 242 29 notwithstanding section 8.57, subsection 5, paragraph "c": 242 30 FY 2004-2005...................................... $ 500,000 242 31 12. DEPARTMENT OF PUBLIC DEFENSE 242 32 a. For planning, design, and construction of a national 242 33 guard readiness center in or near Iowa City: 242 34 FY 2004-2005...................................... $ 2,150,000 242 35 b. For maintenance and repair of national guard armories 243 1 and facilities: 243 2 FY 2004-2005...................................... $ 1,269,636 243 3 c. For construction of a new national guard armory at 243 4 Boone: 243 5 FY 2004-2005...................................... $ 1,096,000 243 6 13. DEPARTMENT OF PUBLIC SAFETY 243 7 a. For capitol building and judicial building security, 243 8 notwithstanding section 8.57, subsection 5, paragraph "c": 243 9 FY 2004-2005...................................... $ 800,000 243 10 b. For capitol complex security notwithstanding section 243 11 8.57, subsection 5, paragraph "c": 243 12 FY 2004-2005...................................... $ 300,000 243 13 c. For costs of entering into a lease-purchase agreement 243 14 to upgrade the automated fingerprint identification system, 243 15 notwithstanding section 8.57, subsection 5, paragraph "c": 243 16 FY 2004-2005...................................... $ 550,000 243 17 d. For costs associated with improvements to Iowa's 243 18 electronic criminal information records system to comply with 243 19 national crime information center standards, notwithstanding 243 20 section 8.57, subsection 5, paragraph "c": 243 21 FY 2004-2005...................................... $ 500,000 243 22 e. To the division of fire safety of the department for 243 23 allocation to the fire service training bureau for the 243 24 planning, design, and construction of regional training 243 25 facilities in the state: 243 26 FY 2004-2005...................................... $ 150,000 243 27 f. To the division of fire safety of the department for 243 28 allocation to the fire service training bureau to be used for 243 29 the revolving loan program for equipment purchases by local 243 30 fire departments, notwithstanding section 8.57, subsection 5, 243 31 paragraph "c": 243 32 FY 2004-2005...................................... $ 500,000 243 33 14. STATE DEPARTMENT OF TRANSPORTATION 243 34 a. For operation and maintenance of the network of 243 35 automated weather observation and data transfer systems 244 1 associated with the Iowa aviation weather system, the runway 244 2 marking program for public airports, the windsock program for 244 3 public airports, and the aviation improvement program, 244 4 notwithstanding section 8.57, subsection 5, paragraph "c": 244 5 FY 2004-2005...................................... $ 500,000 244 6 b. For vertical infrastructure improvements at the 244 7 commercial air service airports within the state: 244 8 FY 2004-2005...................................... $ 1,100,000 244 9 One-half of the funds appropriated in this lettered 244 10 paragraph shall be allocated equally between each commercial 244 11 service airport, 40 percent of the funds shall be allocated 244 12 based on the percentage that the number of enplaned passengers 244 13 at each commercial service airport bears to the total number 244 14 of enplaned passengers in the state during the previous fiscal 244 15 year, and 10 percent of the funds shall be allocated based on 244 16 the percentage that the air cargo tonnage at each commercial 244 17 service airport bears to the total air cargo tonnage in the 244 18 state during the previous fiscal year. In order for a 244 19 commercial service airport to receive funding under this 244 20 lettered paragraph, the airport shall be required to submit 244 21 applications for funding of specific projects to the 244 22 department for approval by the state transportation 244 23 commission. 244 24 c. For a vertical infrastructure improvement grant program 244 25 for improvements at general aviation airports within the 244 26 state: 244 27 FY 2004-2005...................................... $ 581,400 244 28 15. OFFICE OF TREASURER OF STATE 244 29 For county fair infrastructure improvements for 244 30 distribution in accordance with chapter 174 to qualified fairs 244 31 which belong to the association of Iowa fairs: 244 32 FY 2004-2005...................................... $ 1,060,000 244 33 16. COMMISSION OF VETERANS AFFAIRS 244 34 For deposit in the veterans trust fund established in 244 35 section 35A.13, notwithstanding section 8.57, subsection 5, 245 1 paragraph "c": 245 2 FY 2004-2005...................................... $ 1,000,000 245 3 Of the amount appropriated in this subsection, 245 4 notwithstanding contrary provisions of section 35A.13, 245 5 $500,000 is appropriated to and shall be used by the 245 6 commission of veterans affairs for the establishment and 245 7 operation of a veterans cemetery as required by section 35A.3, 245 8 subsection 14, if enacted by this Act. Notwithstanding 245 9 section 8.33, moneys appropriated in this unnumbered paragraph 245 10 that remain unencumbered or unobligated at the close of the 245 11 fiscal year shall not revert but shall remain available for 245 12 expenditure for the purposes designated until the close of the 245 13 succeeding fiscal year or when the project is completed, 245 14 whichever is later. 245 15 Sec. 289. PAYMENTS IN LIEU OF TUITION. There is 245 16 appropriated from the rebuild Iowa infrastructure fund to the 245 17 state board of regents for the fiscal year beginning July 1, 245 18 2004, and ending June 30, 2005, the following amount, or so 245 19 much thereof as may be necessary, to be used for the purpose 245 20 designated: 245 21 For allocation by the state board of regents to the state 245 22 university of Iowa, the Iowa state university of science and 245 23 technology, and the university of northern Iowa to reimburse 245 24 the institutions for deficiencies in their operating funds 245 25 resulting from the pledging of tuitions, student fees and 245 26 charges, and institutional income to finance the cost of 245 27 providing academic and administrative buildings and facilities 245 28 and utility services at the institutions, notwithstanding 245 29 section 8.57, subsection 5, paragraph "c": 245 30 .................................................. $ 858,764 245 31 Sec. 290. REVERSION. Notwithstanding section 8.33, moneys 245 32 appropriated from the rebuild Iowa infrastructure fund in this 245 33 division of this Act shall not revert at the close of the 245 34 fiscal year for which they were appropriated but shall remain 245 35 available for the purposes designated until the close of the 246 1 fiscal year that begins July 1, 2007, or until the project for 246 2 which the appropriation was made is completed, whichever is 246 3 earlier. This section does not apply to the sections in this 246 4 division of this Act that were previously enacted and are 246 5 amended in this division of this Act. 246 6 Sec. 291. 2003 Iowa Acts, chapter 177, section 6, 246 7 subsection 2, is amended to read as follows: 246 8 2. For costs associated with theplanning for the vacation246 9and demolitiondisposition of the Wallace building: 246 10 .................................................. $ 50,000 246 11 The amount appropriated in this subsection shall be used to 246 12 conduct a complete evaluation and analysis regarding the 246 13 condition of the Wallace building, including structural, 246 14 mechanical, and environmental systems and building air 246 15 quality, and to make a recommendation to the general assembly 246 16 no later than January 31, 2005, as to whether the Wallace 246 17 building should be renovated for future use or vacated and 246 18 demolished. The recommendation shall include cost estimates 246 19 for renovation of the building and for its demolition. 246 20 Sec. 292. 2003 Iowa Acts, chapter 177, section 14, is 246 21 amended to read as follows: 246 22 SEC. 14. REVERSION. Notwithstanding section 8.33, moneys 246 23 appropriated in this division of this Act shall not revert at 246 24 the close of the fiscal year for which they were appropriated 246 25 but shall remain available for the purposes designated until 246 26 the close of the fiscal year that begins July 1,20062007, or 246 27 until the project for which the appropriation was made is 246 28 completed, whichever is earlier. 246 29 Sec. 293. 2003 Iowa Acts, chapter 179, section 140, is 246 30 amended to read as follows: 246 31 SEC. 140. Notwithstanding section 8.33, unencumbered and 246 32 unobligated funds remaining from the appropriation made in 246 33 1996 Iowa Acts, chapter 1218, section 13, subsection 2, 246 34 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts, 246 35 chapter 215, section 3, and from the appropriation made in 247 1 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall 247 2 not revert but shall be available for the purposes designated 247 3 in those provisions until the close of the fiscal year 247 4 beginning July 1,20032004. 247 5 Of the amount of unencumbered and unobligated funds 247 6 identified in this section, $180,000 shall be used for the 247 7 purposes described in 2003 Iowa Acts, chapter 177, section 6, 247 8 subsection 2, as amended by this 2004 Act. 247 9 Sec. 294. 2002 Iowa Acts, chapter 1173, section 18, as 247 10 amended by 2003 Iowa Acts, chapter 179, section 39, is amended 247 11 to read as follows: 247 12 SEC. 18. POOLED TECHNOLOGY FUNDING – PRIOR ALLOCATIONS – 247 13 NONREVERSION. Notwithstanding section 8.33, moneys 247 14 appropriated and allocated in 2001 Iowa Acts, chapter 189, 247 15 section 5, subsection 1, which remain unobligated or 247 16 unexpended at the close of the fiscal year for which they were 247 17 appropriated shall not revert, but shall remain available for 247 18 expenditure for the purposes for which they were appropriated 247 19 and allocated, for the fiscal period beginning July 1, 2002, 247 20 and ending June 30,20042005. Notwithstanding the 247 21 expenditure limitation in this section, the information 247 22 technology enterprise within the department of administrative 247 23 services may expend available moneys in the pooled technology 247 24 account established in the office of the treasurer of state to 247 25 complete the comprehensive study required under 2003 Iowa 247 26 Acts, chapter 145, section 290, subsection 2, paragraph "c". 247 27 Sec. 295. 2000 Iowa Acts, chapter 1225, section 2, as 247 28 amended by 2001 Iowa Acts, chapter 185, section 2, is amended 247 29 to read as follows: 247 30 SEC. 2. There is appropriated from the rebuild Iowa 247 31 infrastructure fund to the department of corrections for the 247 32 fiscal year beginning July 1, 2000, and ending June 30, 2001, 247 33 the following amounts, or so much thereof as is necessary, to 247 34 be used for the purposes designated: 247 35 1. To supplement funds appropriated in 1998 Iowa Acts, 248 1 chapter 1219, section 2, subsection 3, for construction of a 248 2 200-bed facility at the Iowa state penitentiary at Fort 248 3 Madison: 248 4 .................................................. $ 3,000,000 248 5 2. For community-based corrections projects: 248 6 .................................................. $ 900,000 248 7 The first $300,000 of the amount appropriated in this 248 8 subsection shall be allocated for community-based corrections 248 9 projects in Council Bluffs. The next $600,000 of the amount 248 10 appropriated in this subsection shall be allocated for 248 11 community-based corrections projects in the judicial district 248 12 in which the city of Davenport is located. These moneys may 248 13 be used by the department to enter into lease-purchasing 248 14 agreements or the payment of rent for such projects. 248 15 Notwithstanding section 8.33 and section 20 of this Act, 248 16 moneys appropriated in subsection 2 that remain unencumbered 248 17 or unobligated at the close of the fiscal year that begins 248 18 July 1, 2003, shall revert at the close of the fiscal year 248 19 that begins July 1, 2006. However, if the projects for which 248 20 the moneys are appropriated are completed in an earlier fiscal 248 21 year, unencumbered or unobligated moneys shall revert at the 248 22 close of that fiscal year. 248 23 Sec. 296. 2000 Iowa Acts, chapter 1225, section 19, 248 24 unnumbered paragraph 2, is amended to read as follows: 248 25 To supplement moneys appropriated in prior fiscal years for 248 26 construction of a new dining hall and food services facility 248 27 and renovation of the former Sheeler food preparation area: 248 28 .................................................. $ 992,000 248 29 Sec. 297. 2000 Iowa Acts, chapter 1225, section 20, is 248 30 amended to read as follows: 248 31 SEC. 20. REVERSION. Notwithstanding section 8.33, moneys 248 32 appropriated in this division of this Act that remain 248 33 unencumbered or unobligated at the close of the fiscal year 248 34 that begins July 1,20032004, shall revert at the close of 248 35 that fiscal year. However, if the projects for which the 249 1 moneys are appropriated are completed in an earlier fiscal 249 2 year, unencumbered or unobligated moneys shall revert at the 249 3 close of that fiscal year. 249 4 Sec. 298. EXAMINATION OF DEPARTMENT OF ADMINISTRATION – 249 5 FY 2003-2004. Notwithstanding section 11.5B, for the fiscal 249 6 year beginning July 1, 2003, and ending June 30, 2004, the 249 7 auditor of state shall not be entitled to reimbursement for 249 8 performing any examination of the department of administrative 249 9 services or funds received by the department of administrative 249 10 services, except for an examination of the information 249 11 technology enterprise within the department of administrative 249 12 services and funds received by the information technology 249 13 enterprise. 249 14 Sec. 299. SECURE AN ADVANCED VISION FOR EDUCATION FUND. 249 15 Notwithstanding the maximum amount of the appropriation from 249 16 the rebuild Iowa infrastructure fund to the secure an advanced 249 17 vision for education fund specified in section 8.57, 249 18 subsection 5, paragraph "f", the maximum amount of such 249 19 appropriation for the fiscal year beginning July 1, 2004, and 249 20 ending June 30, 2005, shall not exceed $8,160,000. 249 21 Sec. 300. The following sections of this division of this 249 22 Act, being deemed of immediate importance, take effect upon 249 23 enactment: 249 24 1. The section amending 2003 Iowa Acts, chapter 177, 249 25 section 6. 249 26 2. The section amending 2003 Iowa Acts, chapter 179, 249 27 section 140. 249 28 3. The section amending 2002 Iowa Acts, chapter 1173, 249 29 section 18, as amended by 2003 Iowa Acts, chapter 179, section 249 30 39. 249 31 4. The section amending 2000 Iowa Acts, chapter 1225, 249 32 section 2, as amended by 2001 Iowa Acts, chapter 185, section 249 33 2. 249 34 5. The section amending 2000 Iowa Acts, chapter 1225, 249 35 section 19. 250 1 6. The section amending 2000 Iowa Acts, chapter 1225, 250 2 section 20. 250 3 7. The section addressing the examination of the 250 4 department of administration in fiscal year 2003-2004. 250 5 DIVISION XII 250 6 ENVIRONMENT FIRST FUND 250 7 Sec. 301. There is appropriated from the environment first 250 8 fund to the following departments and agencies for the fiscal 250 9 year beginning July 1, 2004, and ending June 30, 2005, the 250 10 following amounts, or so much thereof as is necessary, to be 250 11 used for the purposes designated: 250 12 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 250 13 a. For the conservation reserve enhancement program to 250 14 restore and construct wetlands for the purposes of 250 15 intercepting tile line runoff, reducing nutrient loss, 250 16 improving water quality, and enhancing agricultural production 250 17 practices: 250 18 .................................................. $ 1,500,000 250 19 Not more than 5 percent of the moneys appropriated in this 250 20 lettered paragraph may be used for costs of administration and 250 21 implementation of soil and water conservation practices. 250 22 b. For continuation of a program that provides 250 23 multiobjective resource protections for flood control, water 250 24 quality, erosion control, and natural resource conservation: 250 25 .................................................. $ 2,700,000 250 26 Not more than 5 percent of the moneys appropriated in this 250 27 lettered paragraph may be used for costs of administration and 250 28 implementation of soil and water conservation practices. 250 29 c. For continuation of a statewide voluntary farm 250 30 management demonstration program to demonstrate the 250 31 effectiveness and adaptability of emerging practices in 250 32 agronomy that protect water resources and provide other 250 33 environmental benefits: 250 34 .................................................. $ 850,000 250 35 Not more than 5 percent of the moneys appropriated in this 251 1 lettered paragraph may be used for costs of administration and 251 2 implementation of soil and water conservation practices. 251 3 Of the amount appropriated in this lettered paragraph, 251 4 $400,000 shall be allocated to the Iowa soybean association's 251 5 agriculture and environment performance program. 251 6 d. For deposit in the alternative drainage system 251 7 assistance fund created in section 460.303 to be used for 251 8 purposes of supporting the alternative drainage system 251 9 assistance program as provided in section 460.304: 251 10 .................................................. $ 500,000 251 11 Not more than 5 percent of the moneys appropriated in this 251 12 lettered paragraph may be used for costs of administration and 251 13 implementation of soil and water conservation practices. 251 14 e. To provide financial assistance for the establishment 251 15 of permanent soil and water conservation practices: 251 16 .................................................. $ 5,500,000 251 17 (1) Not more than 5 percent of the moneys appropriated in 251 18 this lettered paragraph may be allocated for cost-sharing to 251 19 abate complaints filed under section 161A.47. 251 20 (2) Of the moneys appropriated in this lettered paragraph, 251 21 5 percent shall be allocated for financial incentives to 251 22 establish practices to protect watersheds above publicly owned 251 23 lakes of the state from soil erosion and sediment as provided 251 24 in section 161A.73. 251 25 (3) Not more than 30 percent of a district's allocation of 251 26 moneys as financial incentives may be provided for the purpose 251 27 of establishing management practices to control soil erosion 251 28 on land that is row-cropped, including but not limited to no- 251 29 till planting, ridge-till planting, contouring, and contour 251 30 strip-cropping as provided in section 161A.73. 251 31 (4) The state soil conservation committee created in 251 32 section 161A.4 may allocate moneys appropriated in this 251 33 lettered paragraph to conduct research and demonstration 251 34 projects to promote conservation tillage and nonpoint source 251 35 pollution control practices. 252 1 (5) The financial incentive payments may be used in 252 2 combination with department of natural resources moneys. 252 3 (6) Not more than 10 percent of the moneys appropriated in 252 4 this lettered paragraph may be used for costs of 252 5 administration and implementation of soil and water 252 6 conservation practices. 252 7 f. To encourage and assist farmers in enrolling in and the 252 8 implementation of federal conservation programs and work with 252 9 them to enhance their revegetation efforts to improve water 252 10 quality and habitat: 252 11 .................................................. $ 2,000,000 252 12 Not more than 5 percent of the moneys appropriated in this 252 13 lettered paragraph may be used for costs of administration and 252 14 implementation of soil and water conservation practices. 252 15 g. For deposit in the loess hills development and 252 16 conservation fund created in section 161D.2: 252 17 .................................................. $ 600,000 252 18 Of the amount appropriated in this lettered paragraph, 252 19 $400,000 shall be allocated to the hungry canyons account and 252 20 $200,000 shall be allocated to the loess hills alliance 252 21 account, to be used for the purposes for which the moneys in 252 22 those accounts are authorized to be used under chapter 161D. 252 23 No more than 5 percent of the moneys allocated to each account 252 24 in this lettered paragraph may be used for administrative 252 25 costs. 252 26 h. For deposit in the southern Iowa development and 252 27 conservation fund created in section 161D.12: 252 28 .................................................. $ 300,000 252 29 Not more than 5 percent of the moneys appropriated in this 252 30 lettered paragraph may be used for administrative costs. 252 31 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 252 32 For deposit in the brownfield redevelopment fund created in 252 33 section 15.293 to provide assistance under the brownfield 252 34 redevelopment program: 252 35 .................................................. $ 500,000 253 1 3. DEPARTMENT OF NATURAL RESOURCES 253 2 a. To provide local watershed managers with geographic 253 3 information system data for their use in developing, 253 4 monitoring, and displaying results of their watershed work: 253 5 .................................................. $ 195,000 253 6 b. For statewide coordination of volunteer efforts under 253 7 the water quality and keepers of the land programs: 253 8 .................................................. $ 100,000 253 9 c. For continuing the establishment and operation of water 253 10 quality monitoring stations: 253 11 .................................................. $ 2,955,000 253 12 d. For deposit in the administration account of the water 253 13 quality protection fund, to carry out the purposes of that 253 14 account: 253 15 .................................................. $ 500,000 253 16 e. For air quality monitoring equipment: 253 17 .................................................. $ 500,000 253 18 f. For the dredging of lakes, including necessary 253 19 preparation for dredging, in accordance with the department's 253 20 classification of Iowa lakes restoration report: 253 21 .................................................. $ 1,000,000 253 22 The department shall consider the following criteria for 253 23 funding lake dredging projects as provided in this lettered 253 24 paragraph, and shall prioritize projects based on the 253 25 following: 253 26 (1) Documented efforts to address watershed protection, 253 27 considering testing, conservation efforts, and amount of time 253 28 devoted to watershed protection. 253 29 (2) Protection of a natural resource and natural habitat. 253 30 (3) Percentage of public access and undeveloped lakefront 253 31 property. 253 32 (4) Continuation of current projects partially funded by 253 33 state resources to achieve department recommendations. 253 34 g. For purposes of funding capital projects for the 253 35 purposes specified in section 452A.79, and for expenditures 254 1 for the local cost share grants to be used for capital 254 2 expenditures to local governmental units for boating 254 3 accessibility: 254 4 .................................................. $ 2,300,000 254 5 h. For regular maintenance of state parks and staff time 254 6 associated with these activities: 254 7 .................................................. $ 2,000,000 254 8 RESOURCES ENHANCEMENT AND PROTECTION FUND 254 9 Sec. 302. Notwithstanding the amount of the standing 254 10 appropriation from the general fund of the state under section 254 11 455A.18, subsection 3, there is appropriated from the 254 12 environment first fund to the Iowa resources enhancement and 254 13 protection fund, in lieu of the appropriation made in section 254 14 455A.18, for the fiscal year beginning July 1, 2004, and 254 15 ending June 30, 2005, the following amount, to be allocated as 254 16 provided in section 455A.19: 254 17 .................................................. $ 11,000,000 254 18 Sec. 303. REVERSION. 254 19 1. Except as provided in subsection 2, and notwithstanding 254 20 section 8.33, moneys appropriated in this division of this Act 254 21 that remain unencumbered or unobligated shall not revert at 254 22 the close of the fiscal year for which they were appropriated 254 23 but shall remain available for the purposes designated until 254 24 the close of the fiscal year beginning July 1, 2005, or until 254 25 the project for which the appropriation was made is completed, 254 26 whichever is earlier. 254 27 2. Notwithstanding section 8.33, moneys appropriated in 254 28 this division of this Act to the department of agriculture and 254 29 land stewardship to provide financial assistance for the 254 30 establishment of permanent soil and water conservation 254 31 practices that remain unencumbered or unobligated at the close 254 32 of the fiscal year shall not revert but shall remain available 254 33 for expenditure for the purposes designated until the close of 254 34 the fiscal year that begins July 1, 2007. 254 35 DIVISION XIII 255 1 TOBACCO SETTLEMENT TRUST FUND 255 2 Sec. 304. There is appropriated from the tax-exempt bond 255 3 proceeds restricted capital funds account of the tobacco 255 4 settlement trust fund to the following departments and 255 5 agencies for the fiscal year beginning July 1, 2004, and 255 6 ending June 30, 2005, the following amounts, or so much 255 7 thereof as is necessary, to be used for the purposes 255 8 designated: 255 9 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 255 10 a. For the payment of claims relating to the purchase and 255 11 implementation of an integrated information for Iowa system, 255 12 notwithstanding section 12E.12, subsection 1, paragraph "b", 255 13 subparagraph (1): 255 14 .................................................. $ 6,049,284 255 15 b. For capitol interior restoration: 255 16 .................................................. $ 3,500,000 255 17 The department shall consult with the leaders of the senate 255 18 and house of representatives prior to planning or implementing 255 19 any capitol interior restoration project or other activity. 255 20 2. TAX-EXEMPT STATUS – USE OF APPROPRIATIONS. Payment of 255 21 moneys from the appropriations in this section shall be made 255 22 in a manner that does not adversely affect the tax-exempt 255 23 status of any outstanding bonds issued by the tobacco 255 24 settlement authority. 255 25 3. REVERSION. Notwithstanding section 8.33, moneys 255 26 appropriated in this section shall not revert at the close of 255 27 the fiscal year for which they were appropriated but shall 255 28 remain available for the purposes designated until the close 255 29 of the fiscal year that begins July 1, 2006, or until the 255 30 project for which the appropriation was made is completed, 255 31 whichever is earlier. 255 32 Sec. 305. PAYMENTS IN LIEU OF TUITION. There is 255 33 appropriated from the tax-exempt bond proceeds restricted 255 34 capital funds account of the tobacco settlement trust fund of 255 35 the state to the state board of regents for the fiscal year 256 1 beginning July 1, 2004, and ending June 30, 2005, the 256 2 following amount, or so much thereof as is necessary, to be 256 3 used for the purpose designated: 256 4 For allocation by the state board of regents to the state 256 5 university of Iowa, the Iowa state university of science and 256 6 technology, and the university of northern Iowa to reimburse 256 7 the institutions for deficiencies in their operating funds 256 8 resulting from the pledging of tuitions, student fees and 256 9 charges, and institutional income to finance the cost of 256 10 providing academic and administrative buildings and facilities 256 11 and utility services at the institutions, notwithstanding 256 12 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 256 13 .................................................. $ 10,437,174 256 14 Sec. 306. IOWA COMMUNICATIONS NETWORK DEBT SERVICE. There 256 15 is appropriated from the tax-exempt bond proceeds restricted 256 16 capital funds account of the tobacco settlement trust fund to 256 17 the office of the treasurer of state for the fiscal year 256 18 beginning July 1, 2004, and ending June 30, 2005, the 256 19 following amount, or so much thereof as is necessary, to be 256 20 used for the purpose designated: 256 21 For debt service for the Iowa communications network, 256 22 notwithstanding section 12E.12, subsection 1, paragraph "b", 256 23 subparagraph (1): 256 24 .................................................. $ 13,039,778 256 25 Funds appropriated in this section shall be deposited in a 256 26 separate fund established in the office of the treasurer of 256 27 state to be used solely for debt service for the Iowa 256 28 communications network. The Iowa telecommunications and 256 29 technology commission shall certify to the treasurer of state 256 30 when a debt service payment is due, and upon receipt of the 256 31 certification, the treasurer shall make the payment. The 256 32 commission shall pay any additional amount due from funds 256 33 deposited in the Iowa communications network fund. 256 34 Sec. 307. PRISON DEBT SERVICE. There is appropriated from 256 35 the tax-exempt bond proceeds restricted capital funds account 257 1 of the tobacco settlement trust fund to the office of the 257 2 treasurer of state for the fiscal year beginning July 1, 2004, 257 3 and ending June 30, 2005, the following amount, or so much 257 4 thereof as is necessary, to be used for the purpose 257 5 designated: 257 6 For repayment of prison infrastructure bonds under section 257 7 16.177, notwithstanding section 12E.12, subsection 1, 257 8 paragraph "b", subparagraph (1): 257 9 .................................................. $ 5,413,324 257 10 Sec. 308. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT – TRANSFER 257 11 TO REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 2001 257 12 Iowa Acts, chapter 174, section 1, subsection 1, as amended by 257 13 2002 Iowa Acts, chapter 1167, section 4, 2002 Iowa Acts, 257 14 chapter 1174, section 8, and 2002 Iowa Acts, chapter 1175, 257 15 section 95, there is transferred from the endowment for Iowa's 257 16 health account of the tobacco settlement trust fund created in 257 17 section 12E.12 to the rebuild Iowa infrastructure fund for the 257 18 fiscal year beginning July 1, 2004, and ending June 30, 2005, 257 19 the following amount: 257 20 .................................................. $ 10,966,960 257 21 Notwithstanding section 8.33, moneys transferred in this 257 22 section shall not revert. 257 23 Sec. 309. 2003 Iowa Acts, chapter 177, section 23, 257 24 subsection 3, is amended to read as follows: 257 25 3. Notwithstanding section 8.33, moneys appropriated in 257 26 this section shall not revert at the close of the fiscal year 257 27 for which they were appropriated, but shall remain available 257 28 for the purpose designated until the close of the fiscal year 257 29 that begins July 1,20082006, or until the project for which 257 30 the appropriation was made is completed, whichever is earlier. 257 31 Sec. 310. 2002 Iowa Acts, chapter 1173, section 1, 257 32 subsection 7, paragraph a, is amended to read as follows: 257 33 a. For parking improvements and provision of street access 257 34 for the judicial building: 257 35 FY 2002-2003 ..................................... $ 700,000 258 1 FY 2003-2004 ..................................... $ 0 258 2 FY 2004-2005 ..................................... $ 0 258 3 FY 2005-2006 ..................................... $ 0 258 4 Of the amount appropriated in this lettered paragraph for 258 5 FY 2002-2003, up to $330,000 may be used for costs associated 258 6 with operation of the judicial building, notwithstanding 258 7 section 12E.12, subsection 1, paragraph "b", subparagraph (1). 258 8 DIVISION XIV 258 9 MISCELLANEOUS FUNDS 258 10 Sec. 311. HELP AMERICA VOTE ACT. There is appropriated 258 11 from the general fund of the state to the office of the 258 12 secretary of state for the fiscal year beginning July 1, 2003, 258 13 and ending June 30, 2004, the following amount, or so much 258 14 thereof as is necessary, to be used for the purposes 258 15 designated: 258 16 For the purchase and installation of voting machines to 258 17 implement the federal Help America Vote Act (HAVA): 258 18 .................................................. $ 765,000 258 19 Of the federal funds drawn down pursuant to HAVA, not less 258 20 than 80 percent shall be distributed to counties for the 258 21 implementation of that Act. 258 22 The state commissioner of elections shall report to the 258 23 general assembly regarding the expenditure of the moneys 258 24 appropriated in this section by January 2, 2005, and July 1, 258 25 2005. 258 26 Notwithstanding section 8.33, moneys appropriated in this 258 27 section that remain unencumbered or unobligated at the close 258 28 of the fiscal year shall not revert but shall remain available 258 29 for expenditure for the purposes designated until the close of 258 30 the succeeding fiscal year. 258 31 Sec. 312. GENERAL FUND APPROPRIATIONS. 258 32 1. There is appropriated from the general fund of the 258 33 state to the state department of transportation for the fiscal 258 34 year beginning July 1, 2004, and ending June 30, 2005, the 258 35 following amounts, or so much thereof as is necessary, to be 259 1 used for the purposes designated: 259 2 a. For operation and maintenance of the network of 259 3 automated weather observation and data transfer systems 259 4 associated with the Iowa aviation weather system, the runway 259 5 marking program for public airports, the windsock program for 259 6 public airports, and the aviation improvement program: 259 7 .................................................. $ 64,792 259 8 b. For the rail assistance program and to provide economic 259 9 development project funding: 259 10 .................................................. $ 35,959 259 11 2. There is appropriated from the general fund of the 259 12 state to the racing and gaming commission within the 259 13 department of inspections and appeals for the fiscal year 259 14 beginning July 1, 2004, and ending June 30, 2005, in addition 259 15 to any other appropriation made by the general assembly, the 259 16 following amount, or so much thereof as is necessary, to be 259 17 used for the purposes designated: 259 18 For salaries, support, maintenance, and miscellaneous 259 19 purposes for the regulation of pari-mutual racetracks: 259 20 .................................................. $ 217,161 259 21 The funds appropriated in this subsection shall be used for 259 22 one additional gaming representative at each of the three 259 23 licensed racetracks. 259 24 Sec. 313. PRIMARY ROAD FUND APPROPRIATION. There is 259 25 appropriated from the primary road fund to the department of 259 26 administrative services for the fiscal year beginning July 1, 259 27 2004, and ending June 30, 2005, the following amount, or so 259 28 much thereof as is necessary, to be used for distribution to 259 29 the state department of transportation: 259 30 .................................................. $ 465,491 259 31 Moneys appropriated in this section shall be separately 259 32 accounted for in a distribution account and shall be 259 33 distributed to the state department of transportation to pay 259 34 for services provided the state department of transportation 259 35 by the department of administrative services as described in 260 1 chapter 8A. 260 2 Sec. 314. ROAD USE TAX FUND APPROPRIATION. There is 260 3 appropriated from the road use tax fund to the department of 260 4 administrative services for the fiscal year beginning July 1, 260 5 2004, and ending June 30, 2005, the following amount, or so 260 6 much thereof as is necessary, to be used for distribution to 260 7 the state department of transportation: 260 8 .................................................. $ 76,059 260 9 Moneys appropriated in this section shall be separately 260 10 accounted for in a distribution account and shall be 260 11 distributed to the state department of transportation to pay 260 12 for services provided the state department of transportation 260 13 by the department of administrative services as described in 260 14 chapter 8A. 260 15 Sec. 315. TRANSFER AND DEPOSIT OF SURPLUS MONEYS IN LOCAL 260 16 HOUSING ASSISTANCE PROGRAM FUND. The sum of $800,000 is 260 17 transferred from moneys declared by the Iowa finance authority 260 18 under section 16.10 to be surplus moneys to the housing trust 260 19 fund created in section 16.181 for the fiscal year beginning 260 20 July 1, 2004, and ending June 30, 2005. 260 21 Sec. 316. 2003 Iowa Acts, chapter 171, section 2, is 260 22 amended by inserting the following new unnumbered paragraph: 260 23 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 260 24 moneys appropriated in subsection 1 that remain unencumbered 260 25 or unobligated at the close of the fiscal year shall not 260 26 revert but shall remain available for expenditure until the 260 27 close of the fiscal year that begins July 1, 2004, for the 260 28 purpose of restocking the department's salt storage. 260 29 Sec. 317. EFFECTIVE DATE. 260 30 1. The section of this division of this Act providing an 260 31 appropriation for implementation of the federal Help America 260 32 Vote Act, being deemed of immediate importance, takes effect 260 33 upon enactment. 260 34 2. The section of this division of this Act, amending 2003 260 35 Iowa Acts, chapter 171, section 2, being deemed of immediate 261 1 importance, takes effect upon enactment. 261 2 DIVISION XV 261 3 CODE CHANGES 261 4 Sec. 318. Section 15.109, subsection 2, Code 2003, is 261 5 amended to read as follows: 261 6 2. Apply for, receive, administer, and use federal or 261 7 other funds available for achieving the purposes of this 261 8 chapter. For purposes of this subsection, the term "federal 261 9 funds" includes federal tax credits, grants, or other economic 261 10 benefits allocated or provided by the United States government 261 11 to encourage investment in low-income or other specified areas 261 12 or to otherwise promote economic development. The department 261 13 may enter into an agreement pursuant to chapter 28E, or any 261 14 other agreement, with a person, including for-profit and 261 15 nonprofit legal entities, in order to directly or indirectly 261 16 apply for, receive, administer, and use federal funds. As 261 17 part of such agreements and in furtherance of this public 261 18 purpose and in addition to powers and duties conferred under 261 19 other provisions of law, the department may, including for or 261 20 on behalf of for-profit or nonprofit legal entities, appoint, 261 21 remove, and replace board members and advisors; provide 261 22 oversight; make its personnel and resources available to 261 23 perform administrative, management, and compliance functions; 261 24 coordinate investments; and engage in other acts as reasonable 261 25 and necessary to encourage investment in low-income or other 261 26 areas or to promote economic development. The department, 261 27 including department officials and employees in their official 261 28 and personal capacities, are immune from liability for all 261 29 acts or omissions under this subsection. 261 30 Sec. 319. Section 80.9, subsection 2, paragraph f, Code 261 31 2003, is amended to read as follows: 261 32 f. Provide protection and security for persons and 261 33 property on the grounds of the state capitol complex. 261 34 Notwithstanding chapter 8A or any other provision of law, the 261 35 department shall be solely responsible for the purchase, 262 1 installation, and maintenance of, including making any 262 2 improvements or additions to, executive branch capitol complex 262 3 security systems or equipment, including the changing of locks 262 4 and issuance of keys, access cards, and identification badges. 262 5 The department of administrative services shall cooperate with 262 6 the department of public safety in executing the department's 262 7 duties under this paragraph. 262 8 Sec. 320. Section 423.3, subsections 2 and 37, as enacted 262 9 by 2003 Iowa Acts, First Extraordinary Session, chapter 2, 262 10 section 96, are amended to read as follows: 262 11 2. The sales price of sales for resale of tangible 262 12 personal property or taxable services, or for resale of 262 13 tangible personal property in connection with the furnishing 262 14 of taxable services except for sales, other than leases or 262 15 rentals, which are sales, of machinery, equipment, 262 16 attachments, and replacement parts specifically enumerated in 262 17 subsection 37 and used in the manner described in subsection 262 18 37. 262 19 37. The sales price of services on or connected with new 262 20 construction, reconstruction, alteration, expansion, 262 21 remodeling, or the services of a general building contractor, 262 22 architect, or engineer. The exemption in this subsection also 262 23 applies to the sales price on the lease or rental of self- 262 24 propelled building equipment, self-constructed cranes, pile 262 25 drivers, structural concrete forms, regular and motorized 262 26 scaffolding, generators, or attachments customarily drawn or 262 27 attached to self-propelled building equipment, self- 262 28 constructed cranes, pile drivers, structural concrete forms, 262 29 regular and motorized scaffolding, and generators, including 262 30 auxiliary attachments which improve the performance, safety, 262 31 operation, or efficiency of the equipment and replacement 262 32 parts and are directly and primarily used by contractors, 262 33 subcontractors, and builders for new construction, 262 34 reconstruction, alterations, expansion, or remodeling of real 262 35 property or structures. 263 1 DIVISION XVI 263 2 MISCELLANEOUS PROVISIONS 263 3 Sec. 321. Section 8.57, subsection 5, Code Supplement 263 4 2003, is amended by adding the following new paragraph: 263 5 NEW PARAGRAPH. g. Notwithstanding any other provision to 263 6 the contrary, and prior to the appropriation of moneys from 263 7 the rebuild Iowa infrastructure fund pursuant to paragraph 263 8 "c", and section 8.57A, subsection 4, moneys shall first be 263 9 appropriated from the rebuild Iowa infrastructure fund to the 263 10 vertical infrastructure fund as provided in section 8.57B, 263 11 subsection 4. 263 12 Sec. 322. NEW SECTION. 8.57B VERTICAL INFRASTRUCTURE 263 13 FUND. 263 14 1. A vertical infrastructure fund is created under the 263 15 authority of the department of management. The fund shall 263 16 consist of appropriations made to the fund and transfers of 263 17 interest, earnings, and moneys from other funds as provided by 263 18 law. The fund shall be separate from the general fund of the 263 19 state and the balance in the fund shall not be considered part 263 20 of the balance of the general fund of the state. However, the 263 21 fund shall be considered a special account for the purposes of 263 22 section 8.53, relating to generally accepted accounting 263 23 principles. 263 24 2. Notwithstanding section 12C.7, subsection 2, interest 263 25 or earnings on moneys in the vertical infrastructure fund 263 26 shall be credited to the rebuild Iowa infrastructure fund. 263 27 3. Moneys in the fund in a fiscal year shall be used as 263 28 appropriated by the general assembly for public vertical 263 29 infrastructure projects. For the purposes of this section, 263 30 "vertical infrastructure" includes only land acquisition and 263 31 construction, major renovation, and major repair of buildings, 263 32 all appurtenant structures, utilities, and site development. 263 33 "Vertical infrastructure" does not include routine, recurring 263 34 maintenance, debt service, or operational expenses or leasing 263 35 of a building, appurtenant structure, or utility without a 264 1 lease-purchase agreement. 264 2 4. There is appropriated from the rebuild Iowa 264 3 infrastructure fund to the vertical infrastructure fund, the 264 4 following: 264 5 a. For the fiscal year beginning July 1, 2005, and ending 264 6 June 30, 2006, the sum of fifteen million dollars. 264 7 b. For the fiscal year beginning July 1, 2006, and ending 264 8 June 30, 2007, the sum of fifty million dollars. 264 9 c. For the fiscal year beginning July 1, 2007, and ending 264 10 June 30, 2008, the sum of seventy-five million dollars. 264 11 d. For the fiscal year beginning July 1, 2008, and each 264 12 fiscal year thereafter, the sum of one hundred million 264 13 dollars. 264 14 Sec. 323. Section 8D.13, subsection 12, Code Supplement 264 15 2003, is amended to read as follows: 264 16 12. The commission, on its own or as recommended by an 264 17 advisory committee of the commission and approved by the 264 18 commission, shall permit a fee to be charged by a receiving 264 19 site to the originator of the communication provided on the 264 20 network. The fee charged shall be for the purpose of 264 21 recovering the operating costs of a receiving site. The fee 264 22 charged shall be reduced by an amount received by the 264 23 receiving site pursuant to a state appropriation for such 264 24 costs, or federal assistance received for such costs. Fees 264 25 established under this subsection shall be paid by the 264 26 originator of the communication directly to the receiving 264 27 site. In the event that an entity requests a receiving site 264 28 location in a video classroom facility which is authorized by, 264 29 but not funded by, the originator of the communication, the 264 30 requesting entity shall be directly billed by the video 264 31 classroom facility for operating costs relating to the 264 32 communication. For purposes of this section, "operating 264 33 costs" include the costs associated with the management or 264 34 coordination, operations, utilities, classroom, equipment, 264 35 maintenance, and other costs directly related to providing the 265 1 receiving site. 265 2 Sec. 324. Section 15E.208, subsection 3, paragraph b, 265 3 subparagraph (2), Code Supplement 2003, is amended by adding 265 4 the following new subparagraph subdivisions: 265 5 NEW SUBPARAGRAPH SUBDIVISION. (c) Notwithstanding any 265 6 provision of this division to the contrary, payments on the 265 7 principal balance of the loan granted by the corporation to an 265 8 eligible person and assigned to the department pursuant to 265 9 this subparagraph during calendar year 2003 shall be deferred 265 10 until October 1, 2007. The eligible person shall make 265 11 principal payments to the department in the amount of one 265 12 million dollars for each year on October 1, 2007, October 1, 265 13 2008, and October 1, 2009. The eligible person shall pay the 265 14 department four hundred eighty-two thousand seven hundred 265 15 sixty-one dollars in interest, which shall be deemed to be the 265 16 total amount of interest accruing on the principal amount of 265 17 the loan. The eligible person shall pay the interest amount 265 18 on October 1, 2010. Upon the payment of the principal balance 265 19 of the loan and the accrued interest, the debt shall be 265 20 retired. 265 21 NEW SUBPARAGRAPH SUBDIVISION. (d) Notwithstanding any 265 22 provision of this division to the contrary, the corporation 265 23 shall repay the department the principal balance of the Iowa 265 24 agricultural industry finance loan beginning on October 1, 265 25 2007. The principal balance of the loan equals twenty-one 265 26 million five hundred seventeen thousand two hundred thirty- 265 27 nine dollars. The corporation shall repay the department five 265 28 hundred seventeen thousand two hundred thirty-nine dollars by 265 29 October 1, 2007, and for each subsequent year the corporation 265 30 shall repay the department at least one million dollars by 265 31 October 1 until the total principal balance of the loan is 265 32 repaid. This subparagraph subdivision shall not be construed 265 33 to limit the department's authority to negotiate the payment 265 34 of interest accruing on the principal balance which shall be 265 35 paid to the department as provided by an agreement executed by 266 1 the department and the corporation. 266 2 Sec. 325. Section 28M.1, if enacted by 2004 Iowa Acts, 266 3 Senate File 2284, section 1, is amended by adding the 266 4 following new subsection: 266 5 NEW SUBSECTION. 3. "Transportation" means the movement of 266 6 individuals in a four or more wheeled motorized vehicle 266 7 designed to carry passengers, including a car, van, or bus, or 266 8 the carrying of individuals upon cars operated upon stationary 266 9 rails, between one geographic point and another geographic 266 10 point. "Transportation" does not include emergency or 266 11 incidental transportation or transportation conducted by the 266 12 department of human services at its institutions. 266 13 Sec. 326. Section 28M.2, subsections 1 and 3, if enacted 266 14 by 2004 Iowa Acts, Senate File 2284, section 2, are amended to 266 15 read as follows: 266 16 1. A county with a population in excess ofthreeone 266 17 hundred seventy-five thousand and participating cities may 266 18 create, by chapter 28E agreement, a regional transit district 266 19 in the county pursuant to this chapter. Two or more 266 20 contiguous counties and participating cities may create, by 266 21 chapter 28E agreement, a regional transit district pursuant to 266 22 this chapter if one of the counties has a population in excess 266 23 ofthreeone hundred seventy-five thousand. A district shall 266 24 consist of the unincorporated area of any participating county 266 25 and the incorporated area of any city in the county that does 266 26 not have an urban transit system. However, a city without an 266 27 urban transit system may decline, by resolution forwarded to 266 28 the board of supervisors, to participate in a regional transit 266 29 district. 266 30 3. A city that is located in a nonparticipating county 266 31 that is contiguous to a county with a population in excess of 266 32threeone hundred seventy-five thousand that is creating a 266 33 regional transit district may notify that county, by 266 34 resolution forwarded to the board of supervisors of that 266 35 county, that the city wishes to participate. 267 1 Sec. 327. Section 28M.5, subsection 1, unnumbered 267 2 paragraph 2, if enacted by 2004 Iowa Acts, Senate File 2284, 267 3 section 5, is amended to read as follows: 267 4 The amount of the regional transit district levy that is 267 5 the responsibility of a participating county shall be deducted 267 6 from the maximum rates of taxes authorized to be levied by the 267 7 county pursuant to section 331.423, subsections 1 and 2, as 267 8 applicable. However, for a regional transit district that 267 9 includes a county with a population of less than three hundred 267 10 thousand, the amount of the regional transit district levy 267 11 that is the responsibility of a participating county shall be 267 12 deducted from the maximum rate of taxes authorized to be 267 13 levied by the county pursuant to section 331.423, subsection 267 14 1. 267 15 Sec. 328. Section 99F.7, subsection 13, Code 2003, as 267 16 amended by 2004 Iowa Acts, House File 2302, if enacted, is 267 17 amended to read as follows: 267 18 13.AnWhen applicable, an excursion gambling boat 267 19 operated on inland waters of this state or an excursion boat 267 20 that has been removed from navigation and is designated as a 267 21 permanently moored vessel by the United States coast guard 267 22 shall be subject to the exclusive jurisdiction of the 267 23 department of natural resources and meet all of the 267 24 requirements of chapter 462A and is further subject to an 267 25 inspection of its sanitary facilities to protect the 267 26 environment and water quality before a certificate of 267 27 registration is issued by the department of natural resources 267 28 or a license is issued or renewed under this chapter. 267 29 Sec. 329. Section 165B.5, subsection 3, if enacted by 2004 267 30 Iowa Acts, House File 2476, section 6, is amended to read as 267 31 follows: 267 32 3. a. A person who owns or operates a restricted 267 33 concentration point is subject to a civil penalty ofnot less267 34thanfive thousand dollars for the first violation andnot267 35less thantwenty-five thousand dollars for each subsequent 268 1 violation. Each day that a violation continues constitutes a 268 2 separate violation. 268 3 b. A person who has a legal interest in infected poultry 268 4 or has custody of infected poultry which are located at a 268 5 restricted concentration point is subject to a civil penalty 268 6 ofnot less thanfive thousand dollars for the first violation 268 7 andnot less thantwenty-five thousand dollars for each 268 8 subsequent violation. Each day that a violation continues 268 9 constitutes a separate violation. 268 10 c. A person who transports poultry to or from a restricted 268 11 concentration point is subject to a civil penalty ofnot less268 12thanone thousand dollars for the first violation andnot less268 13thanfive thousand dollars for each subsequent violation. 268 14 Each day that a violation continues constitutes a separate 268 15 violation. 268 16 d. A person who purchases, offers to purchase, barters, or 268 17 offers to barter for poultry at a restricted concentration 268 18 point is subject to a civil penalty ofnot less thanone 268 19 hundred dollars for the first violation andnot less thanone 268 20 thousand dollars for each subsequent violation. Each day that 268 21 a violation continues constitutes a separate violation. 268 22 e. A person who charges admission for entry into a 268 23 restricted concentration point where a contest occurs or 268 24 otherwise holds, advertises, or conducts the contest is 268 25 subject to a civil penalty ofnot less thanone thousand 268 26 dollars for the first violation andnot less thanfive 268 27 thousand dollars for each subsequent violation. Each day that 268 28 a violation continues constitutes a separate violation. 268 29 f. A person who attends or participates in a contest at a 268 30 restricted concentration point where a contest occurs is 268 31 subject to a civil penalty ofnot less thanone hundred 268 32 dollars for the first violation andnot less thanone thousand 268 33 dollars for each subsequent violation. Each day that a 268 34 violation continues constitutes a separate violation. 268 35 Sec. 330. Section 260C.18A, subsection 3, Code Supplement 269 1 2003, is amended to read as follows: 269 2 3. Of the moneys appropriated in this section, for the 269 3 fiscal period beginning July 1, 2003, and ending June 30,2006269 4 2007, the following amounts shall be designated for the 269 5 purposes of funding job retention projects under section 269 6 260F.9: 269 7 a. One million dollars for the fiscal year beginning July 269 8 1, 2003. 269 9 b. One million dollars for the fiscal year beginning July 269 10 1, 2004. 269 11 c. One million dollars for the fiscal year beginning July 269 12 1, 2005. 269 13 d. One million dollars for the fiscal year beginning July 269 14 1, 2006. However, this paragraph only applies if moneys 269 15 allocated under paragraph "a" were distributed to community 269 16 colleges as provided under subsection 8. 269 17 Sec. 331. Section 260C.18A, Code Supplement 2003, is 269 18 amended by adding the following new subsection: 269 19 NEW SUBSECTION. 8. If moneys allocated under subsection 269 20 3, paragraph "a", are unobligated and unencumbered on June 30, 269 21 2004, those moneys shall be distributed to community colleges 269 22 in accordance with subsection 5 for the fiscal year beginning 269 23 July 1, 2004, and ending June 30, 2005. 269 24 Sec. 332. Section 306.46, as enacted by 2004 Iowa Acts, 269 25 Senate File 2118, section 1, is amended by adding the 269 26 following new subsection: 269 27 NEW SUBSECTION. 3. This section shall not impair or 269 28 interfere with a city's authority to grant, amend, extend, or 269 29 renew a franchise as provided in section 364.2, and shall not 269 30 impair or interfere with a city's existing general police 269 31 powers to control the use of its right-of-way. 269 32 Sec. 333. Section 321.34, subsection 11, paragraphs c and 269 33 d, Code Supplement 2003, are amended to read as follows: 269 34 c. The special natural resources fee for letter number 269 35 designated natural resources plates isthirty-fiveforty-five 270 1 dollars. The fee for personalized natural resources plates is 270 2 forty-five dollars which shall be paid in addition to the 270 3 special natural resources fee ofthirty-fiveforty-five 270 4 dollars. The fees collected by the director under this 270 5 subsection shall be paid monthly to the treasurer of state and 270 6 credited to the road use tax fund. Notwithstanding section 270 7 423.24, and prior to the crediting of revenues to the road use 270 8 tax fund under section 423.24, subsection 1, paragraph "b", 270 9 the treasurer of state shall credit monthly from those 270 10 revenues to the Iowa resources enhancement and protection fund 270 11 created pursuant to section 455A.18, the amount of the special 270 12 natural resources fees collected in the previous month for the 270 13 natural resources plates. 270 14 From the moneys credited to the Iowa resources enhancement 270 15 and protection fund under this paragraph "c", ten dollars of 270 16 the fee collected for each natural resources plate issued, and 270 17 fifteen dollars from each renewal fee, shall be allocated to 270 18 the department of natural resources wildlife bureau to be used 270 19 for nongame wildlife programs. 270 20 d. Upon receipt of the special registration plates, the 270 21 applicant shall surrender the current registration receipt and 270 22 plates to the county treasurer. The county treasurer shall 270 23 validate the special registration plates in the same manner as 270 24 regular registration plates are validated under this section. 270 25 The annual special natural resources fee for letter number 270 26 designated plates istentwenty-five dollars which shall be 270 27 paid in addition to the regular annual registration fee. The 270 28 annual fee for personalized natural resources plates is five 270 29 dollars which shall be paid in addition to the annual special 270 30 natural resources fee and the regular annual registration fee. 270 31 The annual special natural resources fee shall be credited as 270 32 provided under paragraph "c". 270 33 Sec. 334. NEW SECTION. 327F.38 FIRST AID AND MEDICAL 270 34 TREATMENT FOR EMPLOYEES. 270 35 The department shall adopt rules requiring railroad 271 1 corporations within the state to provide reasonable and 271 2 adequate access to first aid and medical treatment for 271 3 employees injured in the course of employment. A railroad 271 4 corporation found guilty of a rule adopted pursuant to this 271 5 section shall, upon conviction, be subject to a schedule "one" 271 6 penalty. 271 7 Sec. 335. Section 331.362, subsection 5, Code Supplement 271 8 2003, is amended to read as follows: 271 9 5.TheNotwithstanding any provision of law to the 271 10 contrary, the board may enter into agreements with the 271 11 department of transportation as provided in section 313.2, 271 12 including but not limited to agreements for the disposition of 271 13 county property in accordance with section 331.361, subsection 271 14 2. 271 15 Sec. 336. Section 422.11J, subsection 5, paragraph a, if 271 16 enacted by 2004 Iowa Acts, Senate File 2295, is amended to 271 17 read as follows: 271 18 a. "Disabled student" means a child requiring special 271 19 education, as defined in section 256B.2, subsection 1, or a 271 20 student with disabilities who qualifies for educational 271 21 services under section 504 of the federal Rehabilitation Act 271 22 of 1973, as amended and codified in 29 U.S.C. } 794. 271 23 Sec. 337. Section 432.1, subsection 6, paragraph b, 271 24 unnumbered paragraph 1, Code Supplement 2003, is amended to 271 25 read as follows: 271 26 In addition to the prepayment amount in paragraph "a", each 271 27 life insurance company or association which is subject to tax 271 28 under subsection 1 of this section and each mutual health 271 29 service corporation which is subject to tax under section 271 30 432.2 shall remit on or beforeJune 30August 15, on a 271 31 prepayment basis, an additional amount equal to the following 271 32 percent of the premium tax liability for the preceding 271 33 calendar year as follows: 271 34 Sec. 338. Section 432.1, subsection 6, paragraph c, 271 35 unnumbered paragraph 1, Code Supplement 2003, is amended to 272 1 read as follows: 272 2 In addition to the prepayment amount in paragraph "a", each 272 3 insurance company or association, other than a life insurance 272 4 company or association, which is subject to tax under 272 5 subsection 3 shall remit on or beforeJune 30August 15, on a 272 6 prepayment basis, an additional amount equal to the following 272 7 percent of the premium tax liability for the preceding 272 8 calendar year as follows: 272 9 Sec. 339. Section 518.18, subsection 3, paragraph b, 272 10 unnumbered paragraph 1, Code Supplement 2003, is amended to 272 11 read as follows: 272 12 In addition to the prepayment amount in paragraph "a", each 272 13 association shall remit on or beforeJune 30August 15, on a 272 14 prepayment basis, an additional amount equal to the following 272 15 percent of the premium tax liability for the preceding 272 16 calendar year as follows: 272 17 Sec. 340. Section 518A.35, subsection 3, paragraph b, 272 18 unnumbered paragraph 1, Code Supplement 2003, is amended to 272 19 read as follows: 272 20 In addition to the prepayment amount in paragraph "a", each 272 21 association shall remit on or beforeJune 30August 15, on a 272 22 prepayment basis, an additional amount equal to the following 272 23 percent of the premium tax liability for the preceding 272 24 calendar year as follows: 272 25 Sec. 341. 2004 Iowa Acts, Senate File 2257, section 1, 272 26 subsection 10, if enacted, is amended to read as follows: 272 27 10. APPLICABILITY DATE. This section applies to personal 272 28 insurance contracts or policies delivered, issued for 272 29 delivery, continued, or renewed in this state on or after 272 30April 1, 2005October 1, 2004. 272 31 Sec. 342. 2003 Iowa Acts, chapter 145, section 290, 272 32 subsection 2, paragraph c, is amended to read as follows: 272 33 c. BySeptemberDecember 1, 2004, the department of 272 34 administrative services, with the assistance of the department 272 35 of management, shall conduct a comprehensive study of the 273 1 impact of transferring all state agency employees delivering 273 2 information technology services to the department of 273 3 administrative services and of the impact of physically 273 4 merging the data centers of the department, the state 273 5 department of transportation, and the department of workforce 273 6 development, into one data center. The study shall include an 273 7 assessment of advantages and disadvantages, economies of 273 8 scale, cost, and space availability, and shall solicit input 273 9 from outside vendors, both public and private. The department 273 10 shall report to the legislativefiscal bureauservices agency 273 11 and the committees on government oversight of the senate and 273 12 house of representatives on the department's findings and 273 13 recommendations byNovember 1,December 15, 2004. 273 14 Sec. 343. 2004 Iowa Acts, House File 2562, section 11, 273 15 subsection 1, if enacted, is amended to read as follows: 273 16 1. This Act, except for the provision of this Act enacting 273 17 section 99B.10, subsection 5B, being deemed of immediate 273 18 importance, takes effect upon enactment. 273 19 Sec. 344. MENTAL HEALTH INSTITUTE AT CHEROKEE. If 273 20 building space located at the state mental health institute at 273 21 Cherokee being used by an organization other than the state 273 22 will be vacated by the organization, the department of human 273 23 services shall reserve the space to be available for the 273 24 purposes described in this section. The department shall 273 25 develop a plan for using vacant building space at the 273 26 institute for a program to address the treatment needs of 273 27 persons with a developmental disability who exhibit sexually 273 28 violent behavior and are residents at state resource centers 273 29 or other residential settings. 273 30 Sec. 345. EFFECTIVE DATE. The sections of this division 273 31 of this Act amending section 260C.18A, Code Supplement 2003, 273 32 being deemed of immediate importance, take effect upon 273 33 enactment. 273 34 Sec. 346. EFFECTIVE DATE. The section of this division of 273 35 this Act amending section 306.46, being deemed of immediate 274 1 importance, takes effect upon enactment. 274 2 Sec. 347. REAP PLATES – EFFECTIVE DATE. The section of 274 3 this division of this Act amending section 321.34, subsection 274 4 11, paragraphs "c" and "d", takes effect January 1, 2005. 274 5 Sec. 348. EFFECTIVE DATE. The sections of this division 274 6 of this Act amending sections 432.1, 518.18, and 518A.35, 274 7 being deemed of immediate importance, take effect upon 274 8 enactment. 274 9 DIVISION XVII 274 10 CORRECTIVE PROVISIONS 274 11 Sec. 349. Section 9E.6A, unnumbered paragraph 1, Code 274 12 2003, as amended by 2004 Iowa Acts, House File 2516, section 274 13 1, if enacted, is amended to read as follows: 274 14 Each person performing a notarial act pursuant to section 274 15 9E.10 must acquire and use a stamp or seal as provided in this 274 16 chapter. However, this section shall not apply to a notarial 274 17 act performed by a judicial officer as defined in section 274 18 602.1101, if the notarial act is performed in accordance with 274 19 state or federal statutory authority,or isand shall not 274 20 apply to a certification by a chief officer or a chief 274 21 officer's designee of a peace officer's verification of a 274 22 uniform citation and complaint pursuant to section 805.6, 274 23 subsection 5. 274 24 Sec. 350. Section 9H.1, subsection 17, Code Supplement 274 25 2003, is amended to read as follows: 274 26 17. "Limited partnership" means a limited partnership as 274 27 defined in section 487.101, subsection 7, andor 488.102, or a 274 28 limited liability limited partnership under section 487.1301 274 29 or chapter 488, which owns or leases agricultural land or is 274 30 engaged in farming. 274 31 Sec. 351. Section 9H.1, subsection 17, Code Supplement 274 32 2003, as amended by this division of this Act to take effect 274 33 January 1, 2005, is amended to read as follows: 274 34 17. "Limited partnership" means a limited partnership as 274 35 defined in section487.101 or488.102, or a limited liability 275 1 limited partnership undersection 487.1301 orchapter 488, 275 2 which owns or leases agricultural land or is engaged in 275 3 farming. 275 4 Sec. 352. Section 10B.1, subsection 8, Code Supplement 275 5 2003, is amended to read as follows: 275 6 8. "Limited partnership" means a foreign or domestic 275 7 limited partnership, including a limited partnership as 275 8 defined in section 487.101, subsection 7or 488.102, and a 275 9 domestic or foreign limited liability limited partnership 275 10 under section 487.1301 or 487.1303, or chapter 488. 275 11 Sec. 353. Section 10B.1, subsection 8, Code Supplement 275 12 2003, as amended by this division of this Act to take effect 275 13 January 1, 2005, is amended to read as follows: 275 14 8. "Limited partnership" means a foreign or domestic 275 15 limited partnership, including a limited partnership as 275 16 defined in section487.101 or488.102, and a domestic or 275 17 foreign limited liability limited partnership undersection275 18487.1301 or 487.1303, orchapter 488. 275 19 Sec. 354. Section 34A.7A, subsection 2, paragraph f, if 275 20 enacted by 2004 Iowa Acts, House File 2434, is amended by 275 21 striking the paragraph and inserting in lieu thereof the 275 22 following: 275 23 f. (1) The program manager shall allocate an amount up to 275 24 one hundred twenty-seven thousand dollars per calendar quarter 275 25 equally to the joint E911 service boards and the department of 275 26 public safety that have submitted an annual written request to 275 27 the program manager in a form approved by the program manager 275 28 by May 15 of each year. 275 29 (2) Upon retirement of outstanding obligations referred to 275 30 in paragraph "e", the amount allocated under this paragraph 275 31 "f" shall be an amount up to four hundred thousand dollars per 275 32 calendar quarter allocated as follows: 275 33 (a) Sixty-five percent of the total dollars available for 275 34 allocation shall be allocated in proportion to the square 275 35 miles of the service area to the total square miles in this 276 1 state. 276 2 (b) Thirty-five percent of the total dollars available for 276 3 allocation shall be allocated in proportion to the wireless 276 4 E911 calls taken at the public safety answering point in the 276 5 service area to the total number of wireless E911 calls 276 6 originating in this state. 276 7 (c) Notwithstanding subparagraph subdivisions (a) and (b), 276 8 the minimum amount allocated to each joint E911 service board 276 9 and to the department of public safety shall be no less than 276 10 one thousand dollars for each public safety answering point 276 11 within the service area of the department of public safety or 276 12 joint E911 service board. 276 13 (3) The funds allocated in this paragraph "f" shall be 276 14 used for communication equipment located inside the public 276 15 safety answering points for the implementation and maintenance 276 16 of wireless E911 phase 2. The joint E911 service boards and 276 17 the department of public safety shall provide an estimate of 276 18 phase 2 implementation costs to the program manager by January 276 19 1, 2005. 276 20 Sec. 355. Section 48A.11, subsection 1, paragraph e, Code 276 21 2003, as amended by 2004 Iowa Acts, Senate File 2269, section 276 22 8, if enacted, is amended to read as follows: 276 23 e. Iowa driver's license number if the registrant has a 276 24 current and valid Iowa driver's license, Iowa nonoperator's 276 25 identification card if the registrant has a current and valid 276 26 Iowa nonoperator's identification card, or the last four 276 27 numerals of the registrant's social security number. If the 276 28 registrant does not have an Iowa driver's license number, an 276 29 Iowa nonoperator's identification card number, or a social 276 30 security number, the form shall provide space for a number to 276 31 be assigned as provided in subsection 7. 276 32 Sec. 356. Section 48A.25A, unnumbered paragraph 1, if 276 33 enacted by 2004 Iowa Acts, Senate File 2269, section 13, is 276 34 amended to read as follows: 276 35 Upon receipt of an application for voter registration by 277 1 mail, the state registrar of voters shall compare the driver's 277 2 license number, the Iowa nonoperator's identification card 277 3 number, or the last four numerals of the social security 277 4 number provided by the registrant with the records of the 277 5 state department of transportation. To be verified, the voter 277 6 registration record shall contain the same name, date of 277 7 birth, and driver's license number or Iowa nonoperator's 277 8 identification card number or whole or partial social security 277 9 number as the records of the department of transportation. If 277 10 the information cannot be verified, the application shall be 277 11 rejected and the registrant shall be notified of the reason 277 12 for the rejection. If the information can be verified, a 277 13 record shall be made of the verification and the application 277 14 shall be accepted. 277 15 Sec. 357. Section 48A.37, subsection 2, Code 2003, as 277 16 amended by 2004 Iowa Acts, Senate File 2269, section 18, if 277 17 enacted, is amended to read as follows: 277 18 2. Electronic records shall include a status code 277 19 designating whether the records are active, inactive, local, 277 20 or pending. Inactive records are records of registered voters 277 21 to whom notices have been sent pursuant to section 48A.28, 277 22 subsection 3, and who have not returned the card or otherwise 277 23 responded to the notice, and those records have been 277 24 designated inactive pursuant to section 48A.29. Local records 277 25 are records of applicants who did not answer either "yes" or 277 26 "no" to the question in section 48A.11, subsection 2A, 277 27 paragraph "a". Pending records are records of applicants 277 28 whose applications have not been verified pursuant to section 277 29 48A.25A. All other records are active records. An inactive 277 30 record shall be made active when the registered voter votes at 277 31 an election, registers again, or reports a change of name, 277 32 address, telephone number, or political party affiliation. A 277 33 pending record shall be made active upon verification. A 277 34 local record shall be valid for any election for which no 277 35 candidates for federal office appear on the ballot, but the. 278 1 A registrantmaywith only a local record shall not vote in a 278 2 federal election unless the registrant submits a new voter 278 3 registration application before election day indicating that 278 4 the applicant is a citizen of the United States. 278 5 Sec. 358. Section 49.81, subsection 2, unnumbered 278 6 paragraph 3, if enacted by 2004 Iowa Acts, Senate File 2269, 278 7 section 20, is amended to read as follows: 278 8 You must show identification before your ballot can be 278 9 counted. Please bring or mail a copy of a current and valid 278 10 photo identification card to the countycommissioners278 11 commissioner's office or bring or mail a copy of one of the 278 12 following current documents that show your name and address: 278 13 Sec. 359. Section 52.7, unnumbered paragraph 4, Code 2003, 278 14 as amended by 2004 Iowa Acts, Senate File 2269, section 27, if 278 15 enacted, is amended to read as follows: 278 16 Such machine shall be so constructed as to accurately 278 17 account for every vote cast upon it. The machine shall be so 278 18 constructed as to remove information from the ballot 278 19 identifying the voter before the ballot is recorded and 278 20 counted. If the machine is a directelectronicrecording 278 21 electronic device, the machine shall be so constructed as to 278 22 store each ballot cast separate from the ballot tabulation 278 23 function, which ballot may be reproduced on paper in the case 278 24 of a recount, manual audit, or machine malfunction. 278 25 Sec. 360. Section 53.3, subsection 7, if enacted by 2004 278 26 Iowa Acts, Senate File 2269, section 30, is amended to read as 278 27 follows: 278 28 7. A statement that an absentee ballot willbybe mailed 278 29 to the applicant within twenty-four hours after the ballot for 278 30 the election is available. 278 31 Sec. 361. Section 53.17, subsection 1, paragraph a, if 278 32 enacted by 2004 Iowa Acts, Senate File 2269, section 33, is 278 33 amended to read as follows: 278 34 a. The sealed carrier envelope may be delivered by the 278 35 registered voter, by the special precinct election officials 279 1 designated pursuant to section 53.22, subsection 1, or by the 279 2 voter's designee if the absentee ballot is voted by a voter 279 3 described in section 53.22, subsection 5, to the 279 4 commissioner's office no later than the time the polls are 279 5 closed on election day, except as otherwise provided in279 6subsection 4. 279 7 Sec. 362. Section 53.17, subsection 4, paragraph d, 279 8 subparagraph (2), if enacted by 2004 Iowa Acts, Senate File 279 9 2269, section 33, is amended to read as follows: 279 10 (2) The date and time thevotedcompleted absentee ballot 279 11 was received from the voter. 279 12 Sec. 363. Section 68A.402, subsection 7, paragraph b, as 279 13 amended by 2004 Iowa Acts, House File 2319, section 1, if 279 14 enacted, is amended to read as follows: 279 15 b. COUNTY ELECTIONS. A political committee expressly 279 16 advocating the nomination, election, or defeat of candidates 279 17 for county office shall file reports on the same dates as a 279 18 candidate's committee is required to file reports under 279 19 subsection 2, paragraph "a" and subsection 5, paragraph "b". 279 20 Sec. 364. Section 68A.503, subsection 4, unnumbered 279 21 paragraph 1, as amended by 2004 Iowa Acts, House File 2318, 279 22 section 7, if enacted, is amended to read as follows: 279 23 The prohibitions insectionssubsections 1 and 2 shall not 279 24 apply to an insurance company, savings and loan association, 279 25 bank, credit union, or corporation engaged in any of the 279 26 following activities: 279 27 Sec. 365. Section 99B.11, subsection 2, paragraph c, Code 279 28 2003, as amended by 2004 Iowa Acts, Senate File 2249, section 279 29 1, is amended to read as follows: 279 30 c. Contests or exhibitions of cooking, horticulture, 279 31 livestock, poultry, fish or other animals, artwork, hobbywork 279 32 or craftwork, except those prohibited by chapter 717Aor279 33section 725.11. 279 34 Sec. 366. Section 174.1, subsection 0B, paragraph a, as 279 35 enacted by House File 2403, section 8, is amended to read as 280 1 follows: 280 2 a. The organization owns or leases at least ten acres of 280 3 fairgrounds.A societyAn organization may meet the 280 4 requirement of owning or leasing land, buildings, and 280 5 improvements through ownership by a joint entity under chapter 280 6 28E. 280 7 Sec. 367. Section 174.12, subsection 2, unnumbered 280 8 paragraph 1, Code 2003, as amended by 2004 Iowa Acts, House 280 9 File 2403, section 16, is amended to read as follows: 280 10 A district director of the association representing the 280 11 district in which the county is located, and the director of 280 12 the Iowa state fair board representing the state fair board 280 13 district in which the county is located, certify to the 280 14 association that the fair had an accredited delegate in 280 15 attendance at at least one of the district meetings, and at 280 16 the association's annual meeting. 280 17 Sec. 368. Section 229.27, subsection 1, Code 2003, is 280 18 amended to read as follows: 280 19 1. Hospitalization of a person under this chapter, either 280 20 voluntarily or involuntarily, does not constitute a finding of 280 21 nor equate with nor raise a presumption of incompetency, nor 280 22 cause the person so hospitalized to be deemed a person of 280 23 unsound mind nor a person under legal disability for any 280 24 purpose, including but not limited to any circumstances to 280 25 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph 280 26 "b", section 488.603, subsection 6, paragraph "c", sections 280 27 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 280 28 614.24, 614.27, and 633.244 are applicable. 280 29 Sec. 369. Section 229.27, subsection 1, Code 2003, as 280 30 amended by this division of this Act to take effect January 1, 280 31 2005, is amended to read as follows: 280 32 1. Hospitalization of a person under this chapter, either 280 33 voluntarily or involuntarily, does not constitute a finding of 280 34 nor equate with nor raise a presumption of incompetency, nor 280 35 cause the person so hospitalized to be deemed a person of 281 1 unsound mind nor a person under legal disability for any 281 2 purpose, including but not limited to any circumstances to 281 3 which sections 6B.15, 447.7,487.402, subsection 5, paragraph281 4"b",section 488.603, subsection 6, paragraph "c", sections 281 5 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 281 6 614.24, 614.27, and 633.244 are applicable. 281 7 Sec. 370. Section 260C.18A, subsection 2, unnumbered 281 8 paragraph 1, Code Supplement 2003, is amended to read as 281 9 follows: 281 10 On July 1 of each year for the fiscal year beginning July 281 11 1, 2003, and for every fiscal year thereafter, moneys from the 281 12 grow Iowa values fund created in section 15G.108 are 281 13 appropriated to the department of economic development for 281 14 deposit in the workforce training and economic development 281 15 funds in amounts determined pursuant to subsection34. 281 16 Moneys deposited in the funds and disbursed to community 281 17 colleges for a fiscal year shall be expended for the following 281 18 purposes, provided seventy percent of the moneys shall be used 281 19 on projects in the areas of advanced manufacturing, 281 20 information technology and insurance, and life sciences which 281 21 include the areas of biotechnology, health care technology, 281 22 and nursing care technology: 281 23 Sec. 371. Section 321I.10, if enacted by 2004 Iowa Acts, 281 24 Senate File 297, section 53, is amended by adding the 281 25 following new subsection: 281 26 NEW SUBSECTION. 2A. Cities may designate streets under 281 27 the jurisdiction of cities within their respective corporate 281 28 limits which may be used for the sport of driving all-terrain 281 29 vehicles. 281 30 Sec. 372. Section 331.606B, subsection 4, paragraph a, if 281 31 enacted by 2004 Iowa Acts, Senate File 371, section 3, is 281 32 amended to read as follows: 281 33 a. A document or instrument that was signed before July 1, 281 3420042005. 281 35 Sec. 373. Section 488.102, subsection 10, paragraph a, 282 1 subparagraph (2), as enacted by 2004 Iowa Acts, House File 282 2 2347, section 2, is amended to read as follows: 282 3 (2) A person that was a general partner in a limited 282 4 partnership when the limited partnership became subject to 282 5 this chapter under section488.1206488.1204, subsection 1 or 282 6 2. 282 7 Sec. 374. Section 488.102, subsection 12, paragraph a, 282 8 subparagraph (2), as enacted by 2004 Iowa Acts, House File 282 9 2347, section 2, is amended to read as follows: 282 10 (2) A person that was a limited partner in a limited 282 11 partnership when the limited partnership became subject to 282 12 this chapter under section488.1206488.1204, subsection 1 or 282 13 2. 282 14 Sec. 375. Section 488.102, subsection 13, as enacted by 282 15 2004 Iowa Acts, House File 2347, section 2, is amended to read 282 16 as follows: 282 17 13. "Limited partnership", except in the phrases "foreign 282 18 limited partnership" and "foreign limited liability limited 282 19 partnership", means an entity, having one or more general 282 20 partners and one or more limited partners, which is formed 282 21 under this chapter by two or more persons or becomes subject 282 22 to this chapter under article 11 or section488.1206488.1204, 282 23 subsection 1 or 2. The term includes a limited liability 282 24 limited partnership. 282 25 Sec. 376. Section 488.202, subsection 3, unnumbered 282 26 paragraph 1, as enacted by 2004 Iowa Acts, House File 2347, 282 27 section 20, is amended to read as follows: 282 28 A general partner that knows that any information in a 282 29 filed certificate of limited partnership was false when the 282 30 certificate was filed or has become false due to changed 282 31 circumstances shall promptly do at least one of the following: 282 32 Sec. 377. Section 488.209, subsection 1, paragraph c, as 282 33 enacted by 2004 Iowa Acts, House File 2347, section 27, is 282 34 amended to read as follows: 282 35 c. Whether all fees, taxes, and penalties under this 283 1 chapter or other law duetothe secretary of state have been 283 2 paid. 283 3 Sec. 378. Section 488.209, subsection 2, paragraph c, as 283 4 enacted by 2004 Iowa Acts, House File 2347, section 27, is 283 5 amended to read as follows: 283 6 c. Whether all fees, taxes, and penalties under this 283 7 chapter or other law duetothe secretary of state have been 283 8 paid. 283 9 Sec. 379. Section 488.508, subsection 6, as enacted by 283 10 2004 Iowa Acts, House File 2347, section 50, is amended to 283 11 read as follows: 283 12 6. A limited partnership's indebtedness, including 283 13 indebtedness issued in connection with or as part of a 283 14 distribution, is not considered a liability for purposes of 283 15 subsection 2 if the terms of the indebtedness provide that 283 16 payment of principal and interestareis made only to the 283 17 extent that a distribution could then be made to partners 283 18 under this section. 283 19 Sec. 380. Section 488.703, subsection 1, as enacted by 283 20 2004 Iowa Acts, House File 2347, section 61, is amended to 283 21 read as follows: 283 22 1. On application to a court of competent jurisdiction by 283 23 any judgment creditor of a partner or transferee, the court 283 24 may charge the transferable interest of the judgment debtor 283 25 with payment of the unsatisfied amount of the judgment with 283 26 interest. To the extent so charged, the judgment creditor has 283 27 only the rights of a transferee. The court may appoint a 283 28 receiver of the share of the distributions due or to become 283 29 duetothe judgment debtor in respect of the partnership and 283 30 make all other orders, directions, accounts, and inquiries the 283 31 judgment debtor might have made or which the circumstances of 283 32 the case may require to give effect to the charging order. 283 33 Sec. 381. Section 488.809, subsection 1, paragraph a, as 283 34 enacted by 2004 Iowa Acts, House File 2347, section 72, is 283 35 amended to read as follows: 284 1 a. Pay any fee, tax, or penalty under this chapter or 284 2 other law duetothe secretary of state. 284 3 Sec. 382. Section 488.906, subsection 1, paragraph a, as 284 4 enacted by 2004 Iowa Acts, House File 2347, section 81, is 284 5 amended to read as follows: 284 6 a. Pay, within sixty days after the due date, any fee, tax 284 7 or penalty under this chapter or other law duetothe 284 8 secretary of state. 284 9 Sec. 383. Section 488.1106, subsection 1, paragraph a, as 284 10 enacted by 2004 Iowa Acts, House File 2347, section 94, is 284 11 amended to read as follows: 284 12 a. The governing statute of each of the other 284 13 organizations authorizes the merger. 284 14 Sec. 384. Section 504.304, subsection 1, if enacted by 284 15 2004 Iowa Acts, Senate File 2274, section 27, is amended to 284 16 read as follows: 284 17 1. Except as provided in subsection 2, the validity of 284 18 corporate actionmayshall not be challenged on the ground 284 19 that the corporation lacks or lacked power to act. 284 20 Sec. 385. Section 504.854, subsection 3, paragraph b, if 284 21 enacted by 2004 Iowa Acts, Senate File 2274, section 104, is 284 22 amended to read as follows: 284 23 b. By the members, but the director who, at the time does 284 24 not qualify as a disinterested director,mayshall not vote as 284 25 a member or on behalf of a member. 284 26 Sec. 386. Section 504.1422, subsection 3, if enacted by 284 27 2004 Iowa Acts, Senate File 2274, section 145, is amended to 284 28 read as follows: 284 29 3. A corporation that is administratively dissolved 284 30 continues its corporate existence butmayshall not carry on 284 31 any activities except those necessary to wind up and liquidate 284 32 its affairs pursuant to section 504.1406 and notify its 284 33 claimants pursuant to sections 504.1407 and 504.1408. 284 34 Sec. 387. Section 614.37, Code 2003, as amended by 2004 284 35 Iowa Acts, House File 2450, section 8, if enacted, is amended 285 1 to read as follows: 285 2 614.37 LIMITATION STATUTES NOT EXTENDED. 285 3 Nothing contained in this chapter shall be construed to 285 4 extend the period for the bringing of an action or for the 285 5 doing of any other required act under any statutes of 285 6 limitations, nor, except as herein specifically provided, to 285 7 effect the operation of any statutes governing the effect of 285 8 the recording or the failure to record any instrument 285 9 affecting land. It is intended that nothing contained in this 285 10divisionchapter be interpreted to revive or extend the period 285 11 of filing a claim or bringing an action that may be limited or 285 12 barred by any other statute. 285 13 Sec. 388. Section 669.14, subsection 11, unnumbered 285 14 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa 285 15 Acts, House File 2347, section 116, is amended to read as 285 16 follows: 285 17 Any claim for financial loss based upon an act or omission 285 18 in financial regulation, including but not limited to 285 19 examinations, inspections, audits, or other financial 285 20 oversight responsibilities, pursuant to chapters 87, 203, 285 21 203C, 203D, 421B, 486,or the figure "487"487, 488, and 490 285 22 through 553, excluding chapters 540A, 542, 542B, 543B, 543C, 285 23 543D, 544A, and 544B. 285 24 Sec. 389. Section 709A.1, subsection 2, paragraph c, Code 285 25 2003, as amended by 2004 Iowa Acts, Senate File 2249, section 285 26 2, is amended to read as follows: 285 27 c. Any premises the use of which constitutes a violation 285 28 of chapter 717A, or section 725.5,or 725.10, or 725.11. 285 29 Sec. 390. Section 714.26, subsection 1, paragraph c, if 285 30 enacted by 2004 Iowa Acts, House File 2395, is amended to read 285 31 as follows: 285 32 c. "Retail value" means the highest value of an item 285 33 determined by any reasonable standard at the time the item 285 34 bearing or identified by a counterfeit mark is seized. If a 285 35 seized item bearing or identified by a counterfeit mark is a 286 1 component of a finished product, "retail value" also means the 286 2 highest value, determined by any reasonable standard, of the 286 3 finished product on which the component would have been 286 4 utilized. The retail value shall be the retail value of the 286 5 aggregate quantity of all items seized which bear or are 286 6 identified by a counterfeit mark. For purposes of this 286 7 paragraph, reasonable standard includes but is not limitedthe286 8 to the market value within the community, actual value, 286 9 replacement value, or the counterfeiter's regular selling 286 10 price for the item bearing or identified by a counterfeit 286 11 mark, or the intellectual property owner's regular selling 286 12 price for an item similar to the item bearing or identified by 286 13 a counterfeit mark. 286 14 Sec. 391. Section 717E.1, subsection 3, paragraph a, if 286 15 enacted by 2004 Iowa Acts, House File 2480, section 1, is 286 16 amended to read as follows: 286 17 a. The annual fair and exposition held by the Iowa state 286 18 fair board pursuant to chapter 173 or any fairheldevent 286 19 conducted by acounty or districtfairor agricultural society286 20 under the provisions of chapter 174. 286 21 Sec. 392. Section 812.6, subsection 2, unnumbered 286 22 paragraph 1, if enacted by 2004 Iowa Acts, Senate File 2272, 286 23 section 8, is amended to read as follows: 286 24 If the court finds by clear and convincing evidence that 286 25 the defendant poses a danger to the public peace or safety, or 286 26 that the defendant is otherwise not qualified for pretrial 286 27 release, or the defendant refuses to cooperate with treatment, 286 28 the court shall commit the defendant to an appropriate 286 29 inpatient treatment facility as provided inparagraphs286 30 paragraph "a"andor "b". The defendant shall receive mental 286 31 health treatment designed to restore the defendant to 286 32 competency. 286 33 Sec. 393. Sections 7D.15, 10D.1, 15.114, 15.221, 15E.64, 286 34 18A.11, 84A.1C, 225C.13, 303.3, 331.441, 357A.2, 357A.11, 286 35 357A.20, 357A.21, 357A.22A, 357A.23, 357A.24, 425.11, 476.1, 287 1 476.27, 480.3, 499.5, 499.5A, 500.3, 504C.1, 514.19, 514.23, 287 2 and 515.1, Code 2003, are amended by inserting before the 287 3 figure "504A" the following: "504 or", if 2004 Iowa Acts, 287 4 Senate File 2274 is enacted. 287 5 Sec. 394. Sections 9H.1, 9H.4, 10B.1, 190C.6, 304A.21, 287 6 331.427, 357A.15, 422.45, 490.1701, 504B.1, 504B.6, 513C.10, 287 7 514.1, 514.2, 514.5, 616.10, 633.63, and 716.6B, Code 287 8 Supplement 2003, are amended by inserting before the figure 287 9 "504A" the following: "504 or", if 2004 Iowa Acts, Senate 287 10 File 2274 is enacted. 287 11 Sec. 395. 2004 Iowa Acts, House File 401, section 1, is 287 12 amended by striking the section and inserting in lieu thereof 287 13 the following: 287 14 SECTION 1. Section 404A.4, subsection 4, Code Supplement 287 15 2003, is amended to read as follows: 287 16 4. The total amount of tax credits that may be approved 287 17 for a fiscal year under this chapter shall not exceed two 287 18 million four hundred thousand dollars. For the fiscal years 287 19 beginning July 1, 2005, and July 1, 2006, an additional five 287 20 hundred thousand dollars of tax credits may be approved each 287 21 fiscal year for purposes of projects located in cultural and 287 22 entertainment districts certified pursuant to section 303.3B. 287 23 Any of the additional tax credits allocated for projects 287 24 located in certified cultural and entertainment districts that 287 25 are not approved during a fiscal year may be carried over to 287 26 the succeeding fiscal year.Tax credit certificates shall be287 27issued on the basis of the earliest awardingThe department of 287 28 cultural affairs shall establish by rule the procedures for 287 29 the application, review, selection, and awarding of 287 30 certifications of completionas provided in subsection 1. The 287 31 departments of economic development, cultural affairs, and 287 32 revenue shall each adopt rules to jointly administer this 287 33 subsection and shall provide by rule for the method to be used 287 34 to determine for which fiscal year the tax credits are 287 35approvedavailable. 288 1 Sec. 396. 2004 Iowa Acts, House File 2562, section 10, 288 2 subsection 2, if enacted, is amended to read as follows: 288 3 2. On and after July 1, 2005, an owner of an electrical 288 4 and mechanical amusement device as described in subsection 1 288 5 shall not offer the device for use by the public. However, 288 6 the owner of a device shall be permitted to sell the device to 288 7 a distributor, as defined in section 99B.1, as amended by this 288 8 Act, or to a person authorized to offer the device to the 288 9 public pursuant to section 99B.10, subsection 4, as amended by 288 10 this Act for which a class "A", class "B", class "C", or class 288 11 "D" liquor control licenseor class "B" or class "C" beer288 12permithas been issued pursuant to chapter 123. 288 13 Sec. 397. 2004 Iowa Acts, Senate File 2070, section 35, 288 14 subsection 1, is amended to read as follows: 288 15 1. Except as provided in subsections 2 through46, this 288 16 Act takes effect January 1, 2005. 288 17 Sec. 398. The section of 2004 Iowa Acts, House File 2489, 288 18 amending section 523A.502, subsection 7, is repealed if 2004 288 19 Iowa Acts, House File 2269, is enacted. 288 20 Sec. 399. 2004 Iowa Acts, Senate File 2282, section 1, if 288 21 enacted, is amended to read as follows: 288 22 SECTION 1. LOESS HILLS STUDY AND REPORT. The loess hills 288 23 development and conservation authority, in consultation with 288 24 the state advisory board for preserves, shall conduct a 288 25 comprehensive study to determine the archaeological and 288 26 paleontological significance and the significance of the flora 288 27 and fauna of the loess hills and to determine the feasibility 288 28 of designating land in the loess hills for dedication as a 288 29 state native prairie preserve and of other various uses of the 288 30 loess hills. Thenatural resource commissionloess hills 288 31 development and conservation authority may accept gifts, 288 32 grants, bequests, and other private contributions, as well as 288 33 federal, state, or local funds for the purposes of conducting 288 34 the study. The loess hills development and conservation 288 35 authority and the state advisory board for preserves shall 289 1 file a joint report containing their findings and 289 2 recommendations with the legislative services agency by 289 3 December 15, 2006, for distribution to the general assembly. 289 4 Sec. 400. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 289 5 1. The sections of this division of this Act amending 289 6 sections 9H.1 and 10B.1, Code Supplement 2003, and 229.27, 289 7 Code 2003, take effect January 1, 2005. The sections of this 289 8 division of this Act further amending sections 9H.1 and 10B.1, 289 9 Code Supplement 2003, and 229.27, Code 2003, as amended by 289 10 this division of this Act to take effect January 1, 2005, take 289 11 effect January 1, 2006. 289 12 2. The section of this division of this Act amending 289 13 section 260C.18A, being deemed of immediate importance, takes 289 14 effect upon enactment and applies retroactively to July 1, 289 15 2003. 289 16 3. The section of this division of this Act amending 2004 289 17 Iowa Acts, Senate File 2070, being deemed of immediate 289 18 importance, takes effect upon enactment and applies 289 19 retroactively to the date of enactment of Senate File 2070. 289 20 DIVISION XVIII 289 21 COMMUNITY ATTRACTION AND TOURISM FUND 289 22 Sec. 401. Section 15F.204, subsection 3, Code 2003, is 289 23 amended to read as follows: 289 24 3. The fund shall be used to provide assistance only from 289 25 funds, rights, and assets legally available to the board in 289 26 the form of grants, loans, forgivable loans, and credit 289 27 enhancements and financing instruments under the community 289 28 attraction and tourism program established in section 15F.202. 289 29 A project with a total cost exceeding twenty million dollars 289 30 may receive financial assistance under the program. An 289 31 applicant under the community attraction and tourism program 289 32 shall not receive financial assistance from the fund in an 289 33 amount exceeding fifty percent of the total cost of the 289 34 project. 289 35 Sec. 402. Section 15F.204, Code 2003, is amended by adding 290 1 the following new subsection: 290 2 NEW SUBSECTION. 8. a. There is appropriated from the 290 3 rebuild Iowa infrastructure fund to the community attraction 290 4 and tourism fund, the following amounts: 290 5 (1) For the fiscal year beginning July 1, 2004, and ending 290 6 June 30, 2005, the sum of twelve million dollars. 290 7 (2) For the fiscal year beginning July 1, 2005, and ending 290 8 June 30, 2006, the sum of five million dollars. 290 9 (3) For the fiscal year beginning July 1, 2006, and ending 290 10 June 30, 2007, the sum of five million dollars. 290 11 (4) For the fiscal year beginning July 1, 2007, and ending 290 12 June 30, 2008, the sum of five million dollars. 290 13 (5) For the fiscal year beginning July 1, 2008, and ending 290 14 June 30, 2009, the sum of five million dollars. 290 15 (6) For the fiscal year beginning July 1, 2009, and ending 290 16 June 30, 2010, the sum of five million dollars. 290 17 b. There is appropriated from the franchise tax revenues 290 18 deposited in the general fund of the state to the community 290 19 attraction and tourism fund, the following amounts: 290 20 (1) For the fiscal year beginning July 1, 2005, and ending 290 21 June 30, 2006, the sum of seven million dollars. 290 22 (2) For the fiscal year beginning July 1, 2006, and ending 290 23 June 30, 2007, the sum of seven million dollars. 290 24 (3) For the fiscal year beginning July 1, 2007, and ending 290 25 June 30, 2008, the sum of seven million dollars. 290 26 (4) For the fiscal year beginning July 1, 2008, and ending 290 27 June 30, 2009, the sum of seven million dollars. 290 28 (5) For the fiscal year beginning July 1, 2009, and ending 290 29 June 30, 2010, the sum of seven million dollars. 290 30 Notwithstanding the allocation requirements in subsection 290 31 5, the board may make a multiyear commitment to an applicant 290 32 of up to four million dollars in any one fiscal year. 290 33 DIVISION XIX 290 34 REGULATORY EFFICIENCY COMMISSION 290 35 Sec. 403. REGULATORY EFFICIENCY COMMISSION. 291 1 1. A regulatory efficiency commission is established for 291 2 purposes of identifying unneeded regulations, fines, and fees 291 3 that hinder business development. The commission shall also 291 4 identify methods for streamlining access to regulatory 291 5 information. 291 6 2. The commission shall consist of eight voting members 291 7 appointed by the governor and four ex officio members. 291 8 a. The eight voting members appointed by the governor are 291 9 subject to the requirements of sections 69.16, 69.16A, and 291 10 69.19. The eight members shall consist of the following: 291 11 (1) Two members shall be economic development 291 12 representatives from two different chambers of commerce. One 291 13 shall be from a metropolitan area with more than fifty 291 14 thousand people and one shall be from a metropolitan area with 291 15 fifty thousand people or less. 291 16 (2) Two members representing agricultural interests. 291 17 (3) One member representing the Iowa association of 291 18 business and industry. 291 19 (4) Two members representing commercial-based and 291 20 manufacturing-based businesses. 291 21 (5) One member representing the Iowa environmental 291 22 council. 291 23 b. The four ex officio members shall be members of the 291 24 general assembly. Two members shall be from the senate and 291 25 two members shall be from the house of representatives, with 291 26 not more than one member from each chamber being from the same 291 27 political party. The two senators shall be designated by the 291 28 president of the senate after consultation with the majority 291 29 and minority leaders of the senate. The two representatives 291 30 shall be designated by the speaker of the house of 291 31 representatives after consultation with the majority and 291 32 minority leaders of the house of representatives. Legislative 291 33 members shall serve in an ex officio, nonvoting capacity. 291 34 3. Meetings of the commission are subject to the 291 35 provisions of chapter 21. 292 1 4. By January 10, 2005, the commission shall submit a 292 2 written report to the governor and the general assembly. The 292 3 report shall include the findings and legislative 292 4 recommendations of the commission. The report shall be 292 5 distributed by the secretary of the senate and the chief clerk 292 6 of the house of representatives to the chairpersons and 292 7 members of the administrative rules review committee and the 292 8 economic growth committees in the senate and the house of 292 9 representatives. 292 10 DIVISION XX 292 11 WIND ENERGY TAX CREDITS 292 12 Sec. 404. NEW SECTION. 422.11J WIND ENERGY PRODUCTION 292 13 TAX CREDIT. 292 14 The taxes imposed under this division, less the credits 292 15 allowed under sections 422.12 and 422.12B, shall be reduced by 292 16 a wind energy production tax credit allowed under chapter 292 17 476B. 292 18 Sec. 405. Section 422.33, Code Supplement 2003, is amended 292 19 by adding the following new subsection: 292 20 NEW SUBSECTION. 16. The taxes imposed under this division 292 21 shall be reduced by a wind energy production tax credit 292 22 allowed under chapter 476B. 292 23 Sec. 406. Section 422.60, Code Supplement 2003, is amended 292 24 by adding the following new subsection: 292 25 NEW SUBSECTION. 9. The taxes imposed under this division 292 26 shall be reduced by a wind energy production tax credit 292 27 allowed under chapter 476B. 292 28 Sec. 407. NEW SECTION. 432.12E WIND ENERGY PRODUCTION 292 29 TAX CREDIT. 292 30 The taxes imposed under this chapter shall be reduced by a 292 31 wind energy production tax credit allowed under chapter 476B. 292 32 Sec. 408. Section 437A.6, subsection 1, paragraph c, Code 292 33 2003, is amended to read as follows: 292 34 c. Wind energy conversion property subject to section 292 35 427B.26 or eligible for a tax credit under chapter 476B. 293 1 Sec. 409. NEW SECTION. 476B.1 DEFINITIONS. 293 2 For purposes of this chapter, unless the context otherwise 293 3 requires: 293 4 1. "Board" means the utilities board within the utilities 293 5 division of the department of commerce. 293 6 2. "Department" means the department of revenue. 293 7 3. "Qualified electricity" means electricity produced from 293 8 wind at a qualified facility. 293 9 4. "Qualified facility" means an electrical production 293 10 facility that meets all of the following: 293 11 a. Produces electricity from wind. 293 12 b. Is located in Iowa. 293 13 c. Was originally placed in service on or after July 1, 293 14 2004, but before July 1, 2007. 293 15 Sec. 410. NEW SECTION. 476B.2 GENERAL RULE. 293 16 The owner of a qualified facility shall, for each kilowatt- 293 17 hour of qualified electricity that the owner sells during the 293 18 ten-year period beginning on the date the qualified facility 293 19 was originally placed in service, be allowed a wind energy 293 20 production tax credit to the extent provided in this chapter 293 21 against the tax imposed in chapter 422, divisions II, III, and 293 22 V, and chapter 432. 293 23 Sec. 411. NEW SECTION. 476B.3 CREDIT AMOUNT. 293 24 1. Except as limited by subsection 2, the wind energy 293 25 production tax credit allowed under this chapter equals the 293 26 product of one cent multiplied by the number of kilowatt-hours 293 27 of qualified electricity sold by the owner during the taxable 293 28 year. 293 29 2. a. The maximum amount of tax credit which a group of 293 30 qualified facilities operating as one unit may receive for a 293 31 taxable year equals the rate of credit times thirty-two 293 32 percent of the total number of kilowatts of nameplate 293 33 generating capacity. 293 34 b. However, if for the previous taxable year the amount of 293 35 the tax credit for the group of qualified facilities operating 294 1 as one unit is less than the maximum amount available as 294 2 provided in paragraph "a", the maximum amount for the next 294 3 taxable year shall be increased by the amount of the previous 294 4 year's unused maximum credit. 294 5 Sec. 412. NEW SECTION. 476B.4 LIMITATIONS. 294 6 1. a. The wind energy production tax credit shall not be 294 7 allowed for any kilowatt-hour of electricity produced on wind 294 8 energy conversion property for which the owner has claimed or 294 9 otherwise received for that property the benefit of special 294 10 valuation under section 427B.26 or section 441.21, subsection 294 11 8, or the exemption from retail sales tax under section 294 12 422.45, subsection 48, or section 423.3, subsection 53, as 294 13 applicable. 294 14 b. The disallowance of the tax credit pursuant to 294 15 paragraph "a" does not apply to an owner of a qualified 294 16 facility that owns, directly or indirectly, in the aggregate, 294 17 a total annual turbine nameplate capacity of all such property 294 18 of less than one megawatt. A qualified facility under this 294 19 paragraph shall not be owned by more than one person. 294 20 2. The wind energy production tax credit shall not be 294 21 allowed for any kilowatt-hour of electricity that is sold to a 294 22 related person. For purpose of this subsection, persons shall 294 23 be treated as related to each other if such persons would be 294 24 treated as a single employer under the regulations prescribed 294 25 under section 52(b) of the Internal Revenue Code. In the case 294 26 of a corporation that is a member of an affiliated group of 294 27 corporations filing a consolidated return, such corporation 294 28 shall be treated as selling electricity to an unrelated person 294 29 if such electricity is sold to such a person by another member 294 30 of such group. 294 31 Sec. 413. NEW SECTION. 476B.5 APPLICATION FOR TAX CREDIT 294 32 CERTIFICATES. 294 33 1. a. To be eligible to receive the wind energy 294 34 production tax credit, the owner must first receive approval 294 35 of the board of supervisors of the county in which the 295 1 qualified facility is located. The application for approval 295 2 may be submitted prior to commencement of the construction of 295 3 the qualified facility but shall be submitted no later than 295 4 the close of the owner's first taxable year for which the 295 5 credit is to be applied for. The application must contain the 295 6 owner's name and address, the address of the qualified 295 7 facility, and the dates of the owner's first and last taxable 295 8 years for which the credit will be applied for. Within forty- 295 9 five days of the receipt of the application for approval, the 295 10 board of supervisors shall either approve or disapprove the 295 11 application. After the forty-five-day limit, the application 295 12 is deemed to be approved. 295 13 b. Upon approval of the application, the owner may apply 295 14 for the tax credit as provided in subsection 2. In addition, 295 15 approval of the application is acceptance by the applicant for 295 16 the assessment of the qualified facility for property tax 295 17 purposes for a period of twelve years and approval by the 295 18 board of supervisors for the payment of the property taxes 295 19 levied on the qualified property to the state. For purposes 295 20 of property taxation, the qualified facility shall be 295 21 centrally assessed and shall be exempt from any replacement 295 22 tax under section 437A.6 for the period during which the 295 23 facility is subject to property taxation. The property taxes 295 24 to be paid to the state are those property taxes which make up 295 25 the consolidated tax levied on the qualified facility and 295 26 which are due and payable in the twelve-year period beginning 295 27 with the first fiscal year beginning on or after the end of 295 28 the owner's first taxable year for which the credit is applied 295 29 for. Upon approval of the application, the board of 295 30 supervisors shall notify the county treasurer to state on the 295 31 tax statement which lists the taxes on the qualified facility 295 32 that the amount of the property taxes shall be paid to the 295 33 department. Payment of the designated property taxes to the 295 34 department shall be in the same manner as required for the 295 35 payment of regular property taxes and failure to pay 296 1 designated property taxes to the department shall be treated 296 2 the same as failure to pay property taxes to the county 296 3 treasurer. 296 4 c. Once the owner of the qualified facility receives 296 5 approval under paragraph "a", subsequent approval under 296 6 paragraph "a" is not required for the same qualified facility 296 7 for subsequent taxable years. 296 8 2. To receive the wind energy production tax credit, an 296 9 owner of the qualified facility must submit an application for 296 10 a tax credit certificate to the board not later than thirty 296 11 days after the close of the taxable year for which the credit 296 12 is applied for. The owner's application must contain, but 296 13 need not be limited to, all of the following information: the 296 14 owner's name, tax identification number, and address, the 296 15 number of kilowatt-hours of qualified electricity sold by the 296 16 owner during the preceding taxable year, the address of the 296 17 qualified facility at which the qualified electricity was 296 18 produced, and the denomination that each tax credit 296 19 certificate is to carry. For the first taxable year for which 296 20 the credit is applied for, there shall be attached to the 296 21 application a notarized copy of the board of supervisors' 296 22 approval as required in subsection 1. 296 23 3. The board shall, in conjunction with the department, 296 24 prescribe appropriate forms, including board of supervisors' 296 25 approval forms, and instructions to enable owners to claim the 296 26 tax credit allowed under this chapter. If the board 296 27 prescribes these forms and instructions, an owner's 296 28 application for a tax credit certificate shall not be valid 296 29 unless made on and in accordance with these forms and 296 30 instructions. 296 31 Sec. 414. NEW SECTION. 476B.6 ISSUANCE OF TAX CREDIT 296 32 CERTIFICATES. 296 33 1. If the owner meets the criteria for eligibility for the 296 34 wind energy production tax credit, the board shall determine 296 35 the validity of the application and if valid, shall approve 297 1 the application for credit. Once approval of the credit for a 297 2 qualified facility is granted, subsequent approval is not 297 3 required for the same qualified facility. However, 297 4 application is required to be filed as provided in section 297 5 476B.5, subsection 2, for purposes of the issuance of credit 297 6 certificates. The board shall issue one or more tax credit 297 7 certificates to the owner not later than thirty days after the 297 8 application is submitted to the board. Each tax credit 297 9 certificate must contain the owner's name, address, and tax 297 10 identification number, amount of tax credits, the first 297 11 taxable year the certificates may be used, which shall not be 297 12 for a taxable year beginning prior to July 1, 2005, and the 297 13 expiration date of the tax credit certificate, which shall be 297 14 seven years from its date of issuance and any other 297 15 information required by the department. Once issued by the 297 16 board, the tax credit certificate shall be binding on the 297 17 board and the department and shall not be modified, 297 18 terminated, or rescinded. The board shall notify the 297 19 department and identify the qualified facility for which the 297 20 owner received tax credit certificates that property taxes 297 21 levied on the qualified facility are to be paid to the 297 22 department. 297 23 2. If the tax credit application is filed by a 297 24 partnership, limited liability company, S corporation, estate, 297 25 trust, or other reporting entity all of the income of which is 297 26 taxed directly to its equity holders or beneficiaries, the tax 297 27 credit certificate may, at the election of the owner, be 297 28 issued directly to equity holders or beneficiaries of the 297 29 owner in proportion to their pro rata share of the income of 297 30 such entity. If the owner elects to have the tax credit 297 31 certificate issued directly to its equity holders or 297 32 beneficiaries, the owner must, in the application made under 297 33 section 476B.5, identify its equity holders or beneficiaries, 297 34 and the amount of such entity's income that is allocable to 297 35 each equity holder or beneficiary. 298 1 Sec. 415. NEW SECTION. 476B.7 TRANSFER OF TAX CREDIT 298 2 CERTIFICATES. 298 3 Wind energy production tax credit certificates issued under 298 4 this chapter may be transferred to any person or entity. 298 5 Within thirty days of transfer, the transferee must submit the 298 6 transferred tax credit certificate to the board along with a 298 7 statement containing the transferee's name, tax identification 298 8 number, and address, and the denomination that each 298 9 replacement tax credit certificate is to carry and any other 298 10 information required by the department. Within thirty days of 298 11 receiving the transferred tax credit certificate and the 298 12 transferee's statement, the board shall issue one or more 298 13 replacement tax credit certificates to the transferee. Each 298 14 replacement certificate must contain the information required 298 15 under section 476B.6 and must have the same effective taxable 298 16 year and the same expiration date that appeared in the 298 17 transferred tax credit certificate. Tax credit certificate 298 18 amounts of less than the minimum amount established by rule of 298 19 the board shall not be transferable. A tax credit shall not 298 20 be claimed by a transferee under this chapter until a 298 21 replacement tax credit certificate identifying the transferee 298 22 as the proper holder has been issued. 298 23 The tax credit shall only be transferred once. The 298 24 transferee may use the amount of the tax credit transferred 298 25 against the taxes imposed under chapter 422, divisions II, 298 26 III, and V, and chapter 432 for any tax year the original 298 27 transferor could have claimed the tax credit. Any 298 28 consideration received for the transfer of the tax credit 298 29 shall not be included as income under chapter 422, divisions 298 30 II, III, and V. Any consideration paid for the transfer of 298 31 the tax credit shall not be deducted from income under chapter 298 32 422, divisions II, III, and V. 298 33 Sec. 416. NEW SECTION. 476B.8 USE OF TAX CREDIT 298 34 CERTIFICATES. 298 35 To claim a wind energy production tax credit under this 299 1 chapter, a taxpayer must attach one or more tax credit 299 2 certificates to the taxpayer's tax return. A tax credit 299 3 certificate shall not be used or attached to a return filed 299 4 for a taxable year beginning prior to July 1, 2005. The tax 299 5 credit certificate or certificates attached to the taxpayer's 299 6 tax return shall be issued in the taxpayer's name, expire on 299 7 or after the last day of the taxable year for which the 299 8 taxpayer is claiming the tax credit, and show a tax credit 299 9 amount equal to or greater than the tax credit claimed on the 299 10 taxpayer's tax return. Any tax credit in excess of the 299 11 taxpayer's tax liability for the taxable year may be credited 299 12 to the taxpayer's tax liability for the following seven 299 13 taxable years or until depleted, whichever is the earlier. 299 14 Sec. 417. NEW SECTION. 476B.9 REGISTRATION OF TAX CREDIT 299 15 CERTIFICATES. 299 16 The board shall, in conjunction with the department, 299 17 develop a system for the registration of the wind energy 299 18 production tax credit certificates issued or transferred under 299 19 this chapter and a system that permits verification that any 299 20 tax credit claimed on a tax return is valid and that transfers 299 21 of the tax credit certificates are made in accordance with the 299 22 requirements of this chapter. The tax credit certificates 299 23 issued under this chapter shall not be classified as a 299 24 security pursuant to chapter 502. 299 25 Sec. 418. EFFECTIVE AND APPLICABILITY DATES. This 299 26 division of this Act, being deemed of immediate importance, 299 27 takes effect upon enactment and applies retroactively to 299 28 taxable years beginning on or after January 1, 2004. 299 29 DIVISION XXI 299 30 LICENSED INTERPRETER FOR THE HEARING IMPAIRED 299 31 Sec. 419. Section 147.1, subsection 2, paragraph c, Code 299 32 2003, is amended to read as follows: 299 33 c. "Licensed" or "certified" when applied to a physician 299 34 and surgeon, podiatric physician, osteopath, osteopathic 299 35 physician and surgeon, physician assistant, psychologist or 300 1 associate psychologist, chiropractor, nurse, dentist, dental 300 2 hygienist, optometrist, speech pathologist, audiologist, 300 3 pharmacist, physical therapist, occupational therapist, 300 4 respiratory care practitioner, practitioner of cosmetology 300 5 arts and sciences, practitioner of barbering, funeral 300 6 director, dietitian, marital and family therapist, mental 300 7 health counselor, social worker, massage therapist, athletic 300 8 trainer,oracupuncturist, or interpreter for the hearing 300 9 impaired, means a person licensed under this subtitle. 300 10 Sec. 420. Section 147.1, subsection 2, paragraph f, Code 300 11 2003, is amended to read as follows: 300 12 f. "Profession" means medicine and surgery, podiatry, 300 13 osteopathy, osteopathic medicine and surgery, practice as a 300 14 physician assistant, psychology, chiropractic, nursing, 300 15 dentistry, dental hygiene, optometry, speech pathology, 300 16 audiology, pharmacy, physical therapy, occupational therapy, 300 17 respiratory care, cosmetology arts and sciences, barbering, 300 18 mortuary science, marital and family therapy, mental health 300 19 counseling, social work, dietetics, massage therapy, athletic 300 20 training,oracupuncture, or interpreting for the hearing 300 21 impaired. 300 22 Sec. 421. Section 147.2, unnumbered paragraph 1, Code 300 23 2003, is amended to read as follows: 300 24 A person shall not engage in the practice of medicine and 300 25 surgery, podiatry, osteopathy, osteopathic medicine and 300 26 surgery, psychology, chiropractic, physical therapy, nursing, 300 27 dentistry, dental hygiene, optometry, speech pathology, 300 28 audiology, occupational therapy, respiratory care, pharmacy, 300 29 cosmetology, barbering, social work, dietetics, marital and 300 30 family therapy or mental health counseling, massage therapy, 300 31 mortuary science,oracupuncture, or interpreting for the 300 32 hearing impaired, or shall not practice as a physician 300 33 assistant as defined in the following chapters of this 300 34 subtitle, unless the person has obtained from the department a 300 35 license for that purpose. 301 1 Sec. 422. Section 147.13, Code 2003, is amended by adding 301 2 the following new subsection: 301 3 NEW SUBSECTION. 21. For interpreters, interpreter for the 301 4 hearing impaired examiners. 301 5 Sec. 423. Section 147.14, Code 2003, is amended by adding 301 6 the following new subsection: 301 7 NEW SUBSECTION. 21. For interpreting for the hearing 301 8 impaired, four members licensed to practice interpreting, 301 9 three of whom shall be practicing interpreters at the time of 301 10 appointment to the board and at least one of whom is employed 301 11 in an educational setting; and three members who are consumers 301 12 of interpreting services as defined in section 154E.1, each of 301 13 whom shall be deaf. A majority of members of the board 301 14 constitutes a quorum. 301 15 Sec. 424. Section 147.74, Code Supplement 2003, is amended 301 16 by adding the following new subsection: 301 17 NEW SUBSECTION. 21A. An interpreter licensed under 301 18 chapter 154E and this chapter may use the title "licensed 301 19 interpreter" or the letters "L.I." after the person's name. 301 20 Sec. 425. Section 147.80, Code Supplement 2003, is amended 301 21 by adding the following new subsection: 301 22 NEW SUBSECTION. 28A. License to practice interpreting, 301 23 license to practice interpreting under a reciprocal license, 301 24 or renewal of a license to practice interpreting. 301 25 Sec. 426. NEW SECTION. 154E.1 DEFINITIONS. 301 26 As used in this chapter, unless the context otherwise 301 27 requires: 301 28 1. "Board" means the board of interpreter for the hearing 301 29 impaired examiners established in chapter 147. 301 30 2. "Consumer" means an individual utilizing interpreting 301 31 services who uses spoken English, American sign language, or a 301 32 manual form of English. 301 33 3. "Department" means the Iowa department of public 301 34 health. 301 35 4. "Interpreter training program" means a post-secondary 302 1 education program training individuals to interpret or 302 2 transliterate. 302 3 5. "Interpreting" means facilitating communication between 302 4 individuals who communicate via American sign language and 302 5 individuals who communicate via spoken English. 302 6 6. "Licensee" means any person licensed to practice 302 7 interpreting or transliterating for deaf, hard-of-hearing, and 302 8 hearing individuals in the state of Iowa. 302 9 7. "Transliterating" means facilitating communication 302 10 between individuals who communicate via a manual form of 302 11 English and individuals who communicate via spoken English. 302 12 Sec. 427. NEW SECTION. 154E.2 DUTIES OF THE BOARD. 302 13 The board shall administer this chapter. The board's 302 14 duties shall include, but are not limited to, the following: 302 15 1. Adopt rules consistent with this chapter and with 302 16 chapter 147 which are necessary for the performance of its 302 17 duties. 302 18 2. Act on matters concerning licensure and the process of 302 19 applying for, granting, suspending, imposing supervisory or 302 20 probationary conditions upon, reinstating, and revoking a 302 21 license. 302 22 3. Establish and collect licensure fees. The board shall 302 23 establish the amounts of license and renewal fees based upon 302 24 the actual costs of sustaining the board and the actual costs 302 25 of issuing the licenses, and all fees collected shall be 302 26 deposited with the treasurer of state who shall deposit them 302 27 in the general fund of the state. 302 28 4. Administer the provisions of this chapter regarding 302 29 documentation required to demonstrate competence as an 302 30 interpreter, and the processing of applications for licenses 302 31 and license renewals. 302 32 5. Establish and maintain as a matter of public record a 302 33 registry of interpreters licensed pursuant to this chapter. 302 34 6. Develop continuing education requirements as a 302 35 condition of license renewal. 303 1 7. Evaluate requirements for licensure in other states to 303 2 determine if reciprocity may be granted. 303 3 Sec. 428. NEW SECTION. 154E.3 REQUIREMENTS FOR 303 4 LICENSURE. 303 5 On or after July 1, 2005, every person providing 303 6 interpreting or transliterating services in this state shall 303 7 be licensed pursuant to this chapter. The board shall adopt 303 8 rules pursuant to chapters 17A, 147, and 272C establishing 303 9 procedures for the licensing of new and existing interpreters. 303 10 Prior to obtaining licensure, an applicant shall successfully 303 11 pass an examination prescribed and approved by the board, 303 12 demonstrating the following: 303 13 1. VOICE-TO-SIGN INTERPRETATION. An applicant shall 303 14 demonstrate proficiency at: 303 15 a. Message equivalence, producing a true and accurate 303 16 signed form of the spoken message, maintaining the integrity 303 17 of content and meaning, and exhibiting few omissions, 303 18 substitutions, or other errors. 303 19 b. Affect, producing nonmanual grammar consistent with the 303 20 intent and emotion of the speaker, and exhibiting no 303 21 distracting mannerisms. 303 22 c. Vocabulary choice, making correct sign choices 303 23 appropriate to the setting and consumers, applying facial 303 24 grammar consistent with sign choice, selecting signs that 303 25 remain true to speaker's intent, and demonstrating lexical 303 26 variety. 303 27 d. Fluency, displaying confidence in production, 303 28 exhibiting a strong command of American sign language or 303 29 manual codes for English, applying nonmanual behaviors 303 30 consistent with the speaker's intent, and demonstrating 303 31 understanding of and sensitivity to cultural differences. 303 32 2. SIGN-TO-VOICE INTERPRETATION. An applicant shall 303 33 demonstrate proficiency at: 303 34 a. Message equivalence, producing a true and accurate 303 35 spoken form of the signed message, maintaining the integrity 304 1 of content and meaning, and exhibiting few omissions, 304 2 substitutions, or other errors. 304 3 b. Affect, producing inflection consistent with the intent 304 4 and emotion of the speaker, and exhibiting no distracting 304 5 mannerisms. 304 6 c. Vocabulary choice, making correct word choices 304 7 appropriate to the setting and consumers, using vocal 304 8 inflection consistent with word choice, selecting words that 304 9 remain true to the speaker's intent, and demonstrating lexical 304 10 variety. 304 11 d. Fluency, displaying confidence in production, 304 12 exhibiting a strong command of English in both spoken and 304 13 written forms, applying vocal inflections consistent with the 304 14 speaker's intent, and demonstrating understanding of and 304 15 sensitivity to cultural differences. 304 16 3. PROFESSIONAL CONDUCT. An applicant shall demonstrate: 304 17 a. Proficiency in functioning as a communicator of 304 18 messages between the sender and receiver, and educating 304 19 consumers of services about the functions and logistics of the 304 20 interpreting process. 304 21 b. An impartial demeanor, refraining from interjecting 304 22 opinions or advice and from aligning with one party over 304 23 another. An applicant shall treat all people fairly and 304 24 respectfully regardless of their relationship to the 304 25 interpreting assignment, and present a professional appearance 304 26 that is not visually distracting and is appropriate to the 304 27 setting. An applicant shall exhibit knowledge and application 304 28 of federal and state laws pertaining to the interpreting 304 29 profession. 304 30 c. Integrity, and shall be proficient in understanding and 304 31 applying ethical behavior appropriate for a licensee. An 304 32 applicant shall demonstrate discretion in accepting and 304 33 meeting interpreter services requests, and shall engage 304 34 actively in lifelong learning. 304 35 Sec. 429. NEW SECTION. 154E.4 EXCEPTIONS. 305 1 1. A person shall not practice interpreting or 305 2 transliterating, or represent oneself to be an interpreter, 305 3 unless the person is licensed under this chapter. 305 4 2. This chapter does not prohibit any of the following: 305 5 a. Any person residing outside of the state of Iowa 305 6 holding a current license from another state that meets the 305 7 state of Iowa's requirements from providing interpreting or 305 8 transliterating services in this state for up to fourteen days 305 9 per calendar year without a license issued pursuant to this 305 10 chapter. 305 11 b. Any person who interprets or transliterates solely in a 305 12 religious setting with the exception of those working in 305 13 schools that receive government funding. 305 14 c. Volunteers working without compensation, including 305 15 emergency situations, until a licensed interpreter is 305 16 obtained. 305 17 d. Any person working as a substitute for a licensed 305 18 interpreter in an early childhood, elementary, or secondary 305 19 education setting for no more than thirty school days in a 305 20 calendar year. 305 21 Sec. 430. Section 272C.1, subsection 6, Code 2003, is 305 22 amended by adding the following new paragraph: 305 23 NEW PARAGRAPH. ad. The board of interpreter for the 305 24 hearing impaired examiners, created pursuant to chapter 154E. 305 25 Sec. 431. INTERPRETER STANDARDS AND REGULATIONS. There is 305 26 appropriated from the general fund of the state to the Iowa 305 27 department of public health, for the fiscal year beginning 305 28 July 1, 2004, and ending June 30, 2005, the following amount, 305 29 or so much thereof as is necessary, for the purpose 305 30 designated: 305 31 For protecting the health and safety of the public through 305 32 establishing standards and enforcing regulations of 305 33 interpreters for the deaf, hard-of-hearing, and hearing 305 34 impaired, and for not more than the following full-time 305 35 equivalent positions: 306 1 .................................................. $ 60,390 306 2 ............................................... FTEs 1.00 306 3 Sec. 432. TRANSITION PROVISIONS. 306 4 1. The board of interpreter for the hearing impaired 306 5 examiners shall be provisionally established as provided in 306 6 section 147.14, as amended in this division of this Act, 306 7 effective July 1, 2004, for the sole purpose of appointment of 306 8 members and organizing, planning, and adopting rules, as 306 9 described in section 154E.2, as enacted in this division of 306 10 this Act, which rules shall be effective July 1, 2005. The 306 11 board shall become fully operational July 1, 2007, as provided 306 12 in this division of this Act. 306 13 2. Applicants for licensure under chapter 154E who have 306 14 not passed a licensure examination approved by the board by 306 15 July 1, 2005, shall be issued a temporary license to practice 306 16 interpreting for a period of two years, commencing on July 1, 306 17 2005. 306 18 3. Applicants issued a temporary license pursuant to this 306 19 section shall pass a licensure examination approved by the 306 20 board on or before July 1, 2007, in order to remain licensed 306 21 as an interpreter. 306 22 Sec. 433. EFFECTIVE DATE. This division of this Act 306 23 providing for the licensing of interpreters by amending 306 24 chapters 147 and 272C and enacting chapter 154E takes effect 306 25 July 1, 2005. 306 26 DIVISION XXII 306 27 INCOME TAX CHECKOFFS 306 28 Sec. 434. NEW SECTION. 100B.13 VOLUNTEER FIRE FIGHTER 306 29 PREPAREDNESS FUND. 306 30 1. A volunteer fire fighter preparedness fund is created 306 31 as a separate and distinct fund in the state treasury under 306 32 the control of the division of fire protection of the 306 33 department of public safety. 306 34 2. Revenue for the volunteer fire fighter preparedness 306 35 fund shall include, but is not limited to, the following: 307 1 a. Moneys credited to the fund pursuant to section 307 2 422.12F. 307 3 b. Moneys in the form of a devise, gift, bequest, 307 4 donation, or federal or other grant intended to be used for 307 5 the purposes of the fund. 307 6 3. Moneys in the volunteer fire fighter preparedness fund 307 7 are not subject to section 8.33. Notwithstanding section 307 8 12C.7, subsection 2, interest or earnings on moneys in the 307 9 fund shall be credited to the fund. 307 10 4. Moneys in the volunteer fire fighter preparedness fund 307 11 are appropriated to the division of fire protection of the 307 12 department of public safety to be used annually to pay the 307 13 costs of providing volunteer fire fighter training around the 307 14 state and to pay the costs of providing volunteer fire 307 15 fighting equipment. 307 16 Sec. 435. Section 314.28, Code 2003, is reenacted to read 307 17 as follows: 307 18 314.28 KEEP IOWA BEAUTIFUL FUND. 307 19 A keep Iowa beautiful fund is created in the office of the 307 20 treasurer of state. The fund is composed of moneys 307 21 appropriated or available to and obtained or accepted by the 307 22 treasurer of state for deposit in the fund. The fund shall 307 23 include moneys credited to the fund as provided in section 307 24 422.12A. All interest earned on moneys in the fund shall be 307 25 credited to and remain in the fund. Section 8.33 does not 307 26 apply to moneys in the fund. 307 27 Moneys in the fund are subject to appropriation by the 307 28 general assembly annually for the purposes of educating and 307 29 encouraging Iowans to take greater responsibility for 307 30 improving their community environment and enhancing the beauty 307 31 of the state through litter prevention, improving waste 307 32 management and recycling efforts, and beautification projects. 307 33 The department may authorize payment of moneys appropriated 307 34 from the fund to the department upon approval of an 307 35 application from a private or public organization. The 308 1 applicant shall submit a plan for litter prevention, improving 308 2 waste management and recycling efforts, or a beautification 308 3 project along with its application. The department shall 308 4 establish standards relating to the type of projects available 308 5 for assistance. 308 6 Sec. 436. Section 422.12A, Code Supplement 2003, is 308 7 reenacted to read as follows: 308 8 422.12A INCOME TAX REFUND CHECKOFF FOR KEEP IOWA BEAUTIFUL 308 9 FUND. 308 10 1. A person who files an individual or a joint income tax 308 11 return with the department of revenue under section 422.13 may 308 12 designate one dollar or more to be paid to the keep Iowa 308 13 beautiful fund as created in section 314.28. If the refund 308 14 due on the return or the payment remitted with the return is 308 15 insufficient to pay the additional amount designated by the 308 16 taxpayer to the keep Iowa beautiful fund, the amount 308 17 designated shall be reduced to the remaining amount of refund 308 18 or the remaining amount remitted with the return. The 308 19 designation of a contribution to the keep Iowa beautiful fund 308 20 under this section is irrevocable. 308 21 2. The director of revenue shall draft the income tax form 308 22 to allow the designation of contributions to the keep Iowa 308 23 beautiful fund on the tax return. The department of revenue, 308 24 on or before January 31, shall certify the total amount 308 25 designated on the tax return forms due in the preceding 308 26 calendar year and shall report the amount to the treasurer of 308 27 state. The treasurer of state shall credit the amount to the 308 28 keep Iowa beautiful fund. However, before a checkoff pursuant 308 29 to this section shall be permitted, all liabilities on the 308 30 books of the department of revenue and accounts identified as 308 31 owing under section 421.17 and the political contribution 308 32 allowed under section 68A.601 shall be satisfied. 308 33 3. Moneys in the fund are subject to appropriation as 308 34 provided in section 314.28. 308 35 4. The department of revenue shall adopt rules to 309 1 administer this section. 309 2 5. This section is subject to repeal under section 309 3 422.12E. 309 4 Sec. 437. Section 422.12E, Code Supplement 2003, is 309 5 amended to read as follows: 309 6 422.12E INCOME TAX RETURN CHECKOFFS LIMITED. 309 7 For tax years beginning on or after January 1,19952004, 309 8 there shall be allowed no more thanthreefour income tax 309 9 return checkoffs on each income tax return. When the same 309 10threefour income tax return checkoffs have been provided on 309 11 the income tax return forthreetwo consecutive years, the 309 12checkofftwo checkoffs for which the least amount has been 309 13 contributed, in the aggregate for the firsttwotaxyearsyear 309 14 and through March 15 of thethirdsecond tax year,shall be309 15 are repealed. This section does not apply to the income tax 309 16 return checkoff provided in section 68A.601. 309 17 If more checkoffs are enacted in the same session of the 309 18 general assembly than there is space for inclusion on the 309 19 individual tax return form, the earliest enacted checkoffs for 309 20 which there is space for inclusion on the return form shall be 309 21 included on the return form, and all other checkoffs enacted 309 22 during that session of the general assembly are repealed. 309 23 Sec. 438. NEW SECTION. 422.12F INCOME TAX CHECKOFF FOR 309 24 VOLUNTEER FIRE FIGHTER PREPAREDNESS. 309 25 1. A person who files an individual or a joint income tax 309 26 return with the department of revenue under section 422.13 may 309 27 designate one dollar or more to be paid to the volunteer fire 309 28 fighter preparedness fund as created in section 100B.13. If 309 29 the refund due on the return or the payment remitted with the 309 30 return is insufficient to pay the additional amount designated 309 31 by the taxpayer to the volunteer fire fighter preparedness 309 32 fund, the amount designated shall be reduced to the remaining 309 33 amount of refund or the remaining amount remitted with the 309 34 return. The designation of a contribution to the volunteer 309 35 fire fighter preparedness fund under this section is 310 1 irrevocable. 310 2 2. The director of revenue shall draft the income tax form 310 3 to allow the designation of contributions to the volunteer 310 4 fire fighter preparedness fund on the tax return. The 310 5 department of revenue, on or before January 31, shall certify 310 6 the total amount designated on the tax return forms due in the 310 7 preceding calendar year and shall report the amount to the 310 8 treasurer of state. The treasurer of state shall credit the 310 9 amount to the volunteer fire fighter preparedness fund. 310 10 However, before a checkoff pursuant to this section shall be 310 11 permitted, all liabilities on the books of the department of 310 12 revenue and accounts identified as owing under section 421.17 310 13 and the political contribution allowed under section 68A.601 310 14 shall be satisfied. 310 15 3. The department of revenue shall adopt rules to 310 16 administer this section. 310 17 4. This section is subject to repeal under section 310 18 422.12E. 310 19 Sec. 439. EFFECTIVE AND APPLICABILITY DATES. 310 20 1. The section of this division of this Act amending 310 21 section 422.12E, being deemed of immediate importance, takes 310 22 effect upon enactment. 310 23 2. The sections of this division of this Act reenacting 310 24 section 422.12A and enacting section 422.12F apply 310 25 retroactively to tax years beginning on or after January 1, 310 26 2004. 310 27 DIVISION XXIII 310 28 STATE TAX IMPLEMENTATION COMMITTEE 310 29 Sec. 440. STATE TAX IMPLEMENTATION COMMITTEE. 310 30 1. On or before July 1, 2004, the department of revenue, 310 31 in consultation with the department of management, shall 310 32 initiate and coordinate the establishment of a state tax 310 33 implementation committee. The department of revenue and the 310 34 department of management shall provide staffing assistance to 310 35 the committee. 311 1 The state tax implementation committee shall include four 311 2 members of the general assembly, one each appointed by the 311 3 majority leader of the senate, the speaker of the house of 311 4 representatives, the minority leader of the senate, and the 311 5 minority leader of the house of representatives. The 311 6 committee shall also include members appointed by the 311 7 department of revenue. One member shall be appointed to 311 8 represent each of the following: 311 9 a. The department of revenue. 311 10 b. The department of management. 311 11 c. Counties. 311 12 d. Cities. 311 13 e. School districts. 311 14 f. Local assessors. 311 15 g. County auditors. 311 16 h. Commercial property taxpayers. 311 17 i. Industrial property taxpayers. 311 18 j. Residential property taxpayers. 311 19 k. Agricultural property taxpayers. 311 20 l. Chapter 437A taxpayers. 311 21 One additional stakeholder shall be appointed jointly by 311 22 the majority leader of the senate and the speaker of the house 311 23 of representatives. 311 24 Any vacancy shall be filled in the same manner as regular 311 25 appointments are made. 311 26 The chairpersons of the committee shall be those members of 311 27 the general assembly appointed by the majority leader of the 311 28 senate and the speaker of the house of representatives. 311 29 The members of the committee representing the department of 311 30 revenue and the department of management are nonvoting, ex 311 31 officio members. 311 32 The committee shall meet quarterly and at other times as 311 33 necessary at the call of the chairpersons. Written notice of 311 34 the time and place of each meeting shall be given to each 311 35 member of the committee. The only vote taken by the committee 312 1 shall be the vote approving the final report in subsection 2. 312 2 2. The committee shall review and analyze the following: 312 3 a. Revenue sources available to local governments and 312 4 school districts, including taxes, payments in lieu of 312 5 property taxes, fees, state appropriations, and federal 312 6 moneys. 312 7 b. Revenue sources available to the state, including 312 8 taxes, fees, and federal moneys, and the portion of state 312 9 revenues annually appropriated, or otherwise disbursed, to 312 10 local governments. 312 11 c. Exemptions, credits, deductions, exclusions, and other 312 12 reductions in state or local taxes made available, by state 312 13 statute or local ordinance, to state and local taxpayers; and 312 14 state reimbursement of any property tax credits and 312 15 exemptions. 312 16 d. Services provided by local governments, including those 312 17 provided at the discretion of a local government and those 312 18 mandated by federal or state statutes and regulations. 312 19 e. The role of property taxes in funding local government 312 20 services, the types of services currently funded by property 312 21 taxes, and the property tax financing portion of the school 312 22 funding formula. 312 23 f. Alternative systems of property taxation, alternative 312 24 procedures for protesting property assessments, and various 312 25 methods of controlling property tax revenues and expenditures. 312 26 In conducting its review and analysis, the committee shall 312 27 study state and local taxes from the standpoint of neutrality; 312 28 competitiveness; simplicity; stability; and equity, including 312 29 maintenance of equity among classes of taxpayers and among 312 30 taxpayers within the same class. 312 31 The committee may hold public hearings to allow persons and 312 32 organizations to be heard. 312 33 The committee shall submit a final report to the general 312 34 assembly no later than final adjournment of the 2005 regular 312 35 legislative session. The report shall summarize the 313 1 committee's activities to date, analyze issues studied to 313 2 date, and may include such other information that the 313 3 committee deems relevant and necessary. 313 4 3. The committee may request from any state agency or 313 5 official the information and assistance as needed to perform 313 6 the review and analysis required in subsection 2. A state 313 7 agency or official shall furnish the information or assistance 313 8 requested within the authority and resources of the state 313 9 agency or official. This subsection does not allow the 313 10 examination or copying of any public record required by law to 313 11 be kept confidential. 313 12 Sec. 441. FUTURE REPEAL. The section of this division of 313 13 this Act establishing the state tax implementation committee 313 14 is repealed effective June 30, 2005. 313 15 Sec. 442. 2003 Iowa Acts, First Extraordinary Session, 313 16 chapter 1, section 41, is repealed. 313 17 Sec. 443. EFFECTIVE DATE. This division of this Act, 313 18 being deemed of immediate importance, takes effect upon 313 19 enactment. 313 20 DIVISION XXIV 313 21 911 EMERGENCY 313 22 Sec. 444. Section 34A.1, Code 2003, is amended to read as 313 23 follows: 313 24 34A.1 PURPOSE. 313 25 Thelegislaturegeneral assembly finds that enhanced 911 313 26 emergency telephone communication systems and other emergency 313 27 911 notification devices further the public interest and 313 28 protect the health, safety, and welfare of the people of Iowa. 313 29 The purpose of this chapter is to enable the orderly 313 30 development, installation, and operation of enhanced 911 313 31 emergency telephone communication systems and other emergency 313 32 911 notification devices statewide. These systems are to be 313 33 operated under governmental management and control for the 313 34 public benefit. 313 35 Sec. 445. Section 34A.2, Code 2003, is amended to read as 314 1 follows: 314 2 34A.2 DEFINITIONS. 314 3 As used in this chapter, unless the context otherwise 314 4 requires: 314 5 1. "Access line" meansa localan exchange access line 314 6 that has the ability to accesslocaldial tone and reach a 314 7localpublic safetyagencyanswering point. 314 8 2. "Administrator" means theE911administratorappointed314 9pursuant to section 34A.2Aof the homeland security and 314 10 emergency management division of the department of public 314 11 defense. 314 12 3. "Competitive local exchange service provider" means the 314 13 same as defined in section 476.96. 314 14 4. "Emergency 911 notification device" means a product 314 15 capable of accessing a public safety answering point through 314 16 the 911 system. 314 173.5. "Enhanced 911" or "E911" means a servicewhichthat 314 18 provides the user of apublic telephone systemcommunications 314 19 service with the ability to reach a public safety answering 314 20 point by dialing the digits 911, andwhichthat has the 314 21 following additional features: 314 22 a. Routes an incoming 911 call to the appropriate public 314 23 safety answering pointselected from the public safety314 24answering points operating in a 911 service area. 314 25 b. Automatically provides voice, displays the name, 314 26 address or location, and telephone number of an incoming 911 314 27 call and public safety agency servicing theaddress on a video314 28monitor at the appropriate public safety answering point314 29 location. 314 304.6. "Enhanced 911 service area" means the geographic 314 31 area to be serviced, or currently serviced under an enhanced 314 32 911 service plan, provided that an enhanced 911 service area 314 33 must at minimum encompass one entire county. The enhanced 911 314 34 service area may encompass more than one county, and need not 314 35 be restricted to county boundaries. 315 15.7. "Enhanced 911 service plan" means a plan that 315 2 includes the following information: 315 3 a. A description of the enhanced 911 service area. 315 4 b. A list of all public and private safety agencies within 315 5 the enhanced 911 service area. 315 6 c. The number of public safety answering points within the 315 7 enhanced 911 service area. 315 8 d. Identification of the agency responsible for management 315 9 and supervision of the enhanced 911 emergencytelephone315 10 communication system. 315 11 e. A statement of estimated costs to be incurred by the 315 12 joint E911 service board or the department of public safety, 315 13 including separate estimates of the following: 315 14 (1) Nonrecurring costs, including, but not limited to, 315 15 public safety answering points, network equipment, software, 315 16 database, addressing, initial training, and other capital and 315 17 start-up expenditures, including the purchase or lease of 315 18 subscriber names, addresses, and telephone information from 315 19 the local exchange service provider. 315 20 (2) Recurring costs, including, but not limited to, 315 21 network access fees and other telephone charges, software, 315 22 equipment, and database management, and maintenance, including 315 23 the purchase or lease of subscriber names, addresses, and 315 24 telephone information from the local exchange service 315 25 provider. Recurring costs shall not include personnel costs 315 26 for a public safety answering point. 315 27 Funds deposited in an E911 service fundshall beare 315 28 appropriated and shall be used for the payment of costswhich315 29 that are limited to nonrecurring and recurring costs directly 315 30 attributable to the provision of 911 emergency telephone 315 31 communication service and may include costs for portable and 315 32 vehicle radios, communication towers and associated equipment, 315 33 and other radios and associated equipment permanently located 315 34 at the public safety answering point and as directed by either 315 35 the joint E911 service board or the department of public 316 1 safety. Costs do not include expenditures for any other 316 2 purpose, and specifically exclude costs attributable to other 316 3 emergency services or expenditures for buildings or personnel, 316 4 except for the costs of personnel for database management and 316 5 personnel directly associated with addressing. 316 6 f. Current equipment operated by affected local exchange 316 7 service providers, and central office equipment and technology 316 8 upgrades necessary for the provider to implement enhanced 911 316 9 service within the enhanced 911 service areaon or before July316 101, 1992. 316 11 g. A schedule for implementation of the plan throughout 316 12 the E911 service area. The schedule may provide for phased 316 13 implementation.However, a joint 911 service board may decide316 14not to implement E911 service.316 15 h. The number of telephone access lines capable of access 316 16 to 911 in the enhanced 911 service area. 316 17 i. The total property valuation in the enhanced 911 316 18 service area. 316 196. "Enhanced 911 service surcharge" is a charge set by the316 20E911 service area operating authority and assessed on each316 21access line which physically terminates within the E911316 22service area.316 23 8. "Local exchange carrier" means the same as defined in 316 24 section 476.96. 316 257.9. "Local exchange service provider" means aperson316 26 vendor engaged in providing telecommunications service between 316 27 points within an exchange and includes but is not limited to a 316 28 competitive local exchange service provider and a local 316 29 exchange carrier. 316 30 10. "Program manager" means the E911 program manager 316 31 appointed pursuant to section 34A.2A. 316 328.11. "Provider" means apersonvendor who provides, or 316 33 offers to provide, E911 equipment, installation, maintenance, 316 34 or exchange access services within the enhanced 911 service 316 35 area. 317 19.12. "Public or private safety agency" means a unit of 317 2 state or local government, a special purpose district, or a 317 3 private firm which provides or has the authority to provide 317 4 fire fighting, police, ambulance,oremergency medical 317 5 services, or hazardous materials response. 317 610.13. "Public safety answering point" means atwenty-317 7four hour local jurisdictiontwenty-four-hour public safety 317 8 communications facilitywhichthat receives enhanced 911 317 9 service calls and directly dispatches emergency response 317 10 services or relays calls to the appropriate public or private 317 11 safety agency. 317 12 14. "Wireless E911 phase 1" means a 911 call made from a 317 13 wireless device in which the wireless service provider 317 14 delivers the call-back number and address of the tower that 317 15 received the call to the appropriate public safety answering 317 16 point. 317 17 15. "Wireless E911 phase 2" means a 911 call made from a 317 18 wireless device in which the wireless service provider 317 19 delivers the call-back number and the latitude and longitude 317 20 coordinates of the wireless device to the appropriate public 317 21 safety answering point. 317 22 16. "Wire-line E911 service surcharge" is a charge set by 317 23 the E911 service area operating authority and assessed on each 317 24 wire-line access line which physically terminates within the 317 25 E911 service area. 317 26 Sec. 446. Section 34A.2A, Code 2003, is amended to read as 317 27 follows: 317 28 34A.2AADMINISTRATORPROGRAM MANAGER – APPOINTMENT – 317 29 DUTIES. 317 30 1. The administrator of the division of homeland security 317 31 and emergency management division of the department of public 317 32 defense shall appoint an E911administratorprogram manager to 317 33 administer this chapter. 317 34 2. The E911administratorprogram manager shall act under 317 35 the supervisory control of the administrator of thedivision318 1ofhomeland security and emergency management division of the 318 2 department of public defense, and in consultation with the 318 3 E911 communications council, and perform the duties 318 4 specifically set forth in this chapter and as assigned by the 318 5 administrator. 318 6 Sec. 447. Section 34A.3, Code 2003, is amended to read as 318 7 follows: 318 8 34A.3 JOINT911E911 SERVICE BOARD – 911 SERVICE PLAN – 318 9 IMPLEMENTATION – WAIVERS. 318 10 1. JOINT911E911 SERVICE BOARDSTO SUBMIT– PLANS. 318 11 a. The board of supervisors of each county shallestablish318 12 maintain a joint911E911 service boardnot later than January318 131, 1989. 318 14 (1) Each political subdivision of the state having a 318 15 public safety agency serving territory within the county is 318 16 entitled to voting membership on the joint911E911 service 318 17 board. Each private safety agency operating within the area 318 18 is entitled to nonvoting membership on the board. 318 19 (2) A townshipwhichthat does not operate its own public 318 20 safety agency, but contracts for the provision of public 318 21 safety services, is not entitled to membership on the joint 318 22911E911 service board, but its contractor is entitled to 318 23 membership according to the contractor's status as a public or 318 24 private safety agency. 318 25 b. The joint911E911 service board shalldevelopmaintain 318 26 an enhanced 911 service plan encompassing at minimum the 318 27 entire county, unless an exemption is granted by the 318 28administratorprogram manager permitting a smaller E911 318 29 service area. 318 30 (1) Theadministratorprogram manager may grant a 318 31 discretionary exemption from the single county minimum service 318 32 area requirement based uponan E911a joint E911 service 318 33 board's or other E911 service plan operating authority's 318 34 presentation of evidence which supports the requested 318 35 exemption if theadministratorprogram manager finds that 319 1 local conditions make adherence to the minimum standard 319 2 unreasonable or technically infeasible, and that the purposes 319 3 of this chapter would be furthered by granting an exemption. 319 4 The minimum size requirement is intended to prevent 319 5 unnecessary duplication of public safety answering points and 319 6 minimize other administrative, personnel, and equipment 319 7 expenses.An E911 service area must encompass a319 8geographically contiguous area. No exemption shall be granted319 9from the contiguous area requirement.319 10 (2) Theadministratorprogram manager may order the 319 11 inclusion of a specific territory in an adjoining E911 service 319 12 plan area to avoid the creation by exclusion of a territory 319 13 smaller than a single county not serviced by surrounding E911 319 14 service plan areas upon request of the joint911E911 service 319 15 board representing the territory. 319 16 c. The E911 service plan operating authority shall submit 319 17 proposed changes to the planon or before January 1, 1994,to 319 18 all of the following: 319 19a.(1) Theadministratorprogram manager. 319 20b.(2) Public and private safety agencies in the enhanced 319 21 911 service area. 319 22c.(3)ProvidersLocal exchange service providers affected 319 23 by the enhanced 911 service plan. 319 24An E911 joint service board that has a state-approved319 25service plan in place prior to July 1, 1993, is exempt from319 26the provisions of this section. The administrator shall319 27establish, by July 1, 1994, E911 service plans for those E911319 28joint service boards which do not have a state-approved319 29service plan in place on or before January 1, 1994.319 30The administrator shall prepare a summary of the plans319 31submitted and present the summary to the legislature on or319 32before August 1, 1994.319 33 2. COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES. 319 34 a. Theadministratorprogram manager may extend, in whole319 35or in part,the time period for plan implementation by issuing 320 1for implementation of an enhanced 911 service plan beyond the320 2scheduled plan of implementation, by issuance ofa compliance 320 3 waiver. 320 4 b. The compliance waiver shall be based upon a joint911320 5 E911 service board's presentation of evidence which supports 320 6 an extension if theadministratorprogram manager finds that 320 7 local conditions make implementation financially unreasonable 320 8 or technically infeasible by the originally scheduled plan of 320 9 implementation. 320 10 c. The compliance waiver shall be for a set period of 320 11 time, and subject to review and renewal or denial of renewal 320 12 upon its expiration. 320 13 d. The waiver may cover all or a portion of a 911 service 320 14 plan's enhanced 911 service area to facilitate phased 320 15 implementation when possible. 320 16 e. The granting of a compliance waiver does not create a 320 17 presumption that the identical or similar waiver will be 320 18 extended in the future. 320 19 f. Consideration of compliance waivers shall be on a case- 320 20 by-case basis. 320 21 3. CHAPTER 28E AGREEMENT – ALTERNATIVE TO JOINT911E911 320 22 SERVICE BOARD. A legal entity created pursuant to chapter 28E 320 23 by a county or counties, other political divisions, and public 320 24 or private agencies to jointly plan, implement, and operate a 320 25 countywide, or larger, enhanced 911 service system may be 320 26 substituted for the joint911E911 service board required 320 27 under subsection 1. 320 28 An alternative legal entity created pursuant to chapter 28E 320 29 as a substitute for a joint911E911 service board, as 320 30 permitted by this subsection, may be created by either: 320 31 a. Agreement of the parties entitled to voting membership 320 32 on a joint911E911 service board. 320 33 b. Agreement of the members of a joint911E911 service 320 34 board. 320 35 An alternative chapter 28E entity has all of the powers of 321 1 a joint911E911 service board and any additional powers 321 2 granted by the agreement. As used in this chapter, "joint911321 3 E911 service board" includes an alternative chapter 28E entity 321 4 created for that purpose, except as specifically limited by 321 5 the chapter 28E agreement or unless clearly provided otherwise 321 6 in this chapter. A chapter 28E agreement related to E911 321 7 service shall permit the participation of a private safety 321 8 agency or other persons allowed to participate in a joint911321 9 E911 service board, but the terms, scope, and conditions of 321 10 participation are subject to the chapter 28E agreement. 321 11 4. PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED. A 321 12 political subdivision or state agency having a public safety 321 13 agency within its territory or jurisdiction shall participate 321 14 in a joint E911 service board and cooperate inpreparing321 15 maintaining the E911 service plan. 321 16 Sec. 448. Section 34A.4, Code 2003, is amended to read as 321 17 follows: 321 18 34A.4REQUIRED CONVERSIONREQUIREMENTS OF PAY TELEPHONES 321 19 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS 321 20 WITHOUT DEPOSITING COINS OR OTHER CHARGE. 321 211. CONVERSION AND NOTICE REQUIRED. When an enhanced 911321 22service system becomes operational or as soon as feasible321 23thereafter, each provider or other owner or lessee of a pay321 24station telephone to be operated within the enhanced 911321 25service area shall do the following:321 26a. Convert each telephone to permit a caller to dial 911321 27without first inserting a coin or paying any other charge.321 28b. Prominently display on each pay telephone a notice321 29advising callers to dial 911 in an emergency and that deposit321 30of a coin is not required.321 312. CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.321 32After commencement of enhanced 911 service inIn an enhanced 321 33 911 service area, a person shall not install or offer for use 321 34 within the enhanced 911 service area a pay station telephone 321 35 or other fixed device unless the telephone or device is 322 1 capable ofacceptingmaking a 911 call without prior insertion 322 2 of a coin or payment of any other charge, and unless the 322 3 telephone or device displays notice of free 911 service. 322 4 Sec. 449. Section 34A.6, subsection 1, unnumbered 322 5 paragraph 1, Code 2003, is amended to read as follows: 322 6 Before a joint E911 service board may request imposition of 322 7 the surcharge by theadministratorprogram manager, the board 322 8 shall submit the following question to voters, as provided in 322 9 subsection 2, in the proposed E911 service area, and the 322 10 question shall receive a favorable vote from a simple majority 322 11 of persons submitting valid ballots on the following question 322 12 within the proposed E911 service area: 322 13 Sec. 450. Section 34A.7, unnumbered paragraph 1, Code 322 14 2003, is amended to read as follows: 322 15 When an E911 service plan is implemented, the costs of 322 16 providing E911 service within an E911 service area are the 322 17 responsibility of the joint E911 service board and the member 322 18 political subdivisions. Costs in excess of the amount raised 322 19 by imposition of the E911 service surcharge provided for under 322 20 subsection 1, shall be paid by the joint E911 service board 322 21 from such revenue sources allocated among the member political 322 22 subdivisions as determined by the joint E911 service board. 322 23 Funding is not limited to the surcharge, and surcharge 322 24 revenues may be supplemented by other permissible local and 322 25 state revenue sources. A joint911E911 service board shall 322 26 not commit a political subdivision to appropriate property tax 322 27 revenues to fund an E911 service plan without the consent of 322 28 the political subdivision. A joint911E911 service board may 322 29 approvea 911an E911 service plan, including a funding 322 30 formula requiring appropriations by participating political 322 31 subdivisions, subject to the approval of the funding formula 322 32 by each political subdivision. However, a political 322 33 subdivision may agree in advance to appropriate property tax 322 34 revenues or other moneys according to a formula or plan 322 35 developed by an alternative chapter 28E entity. 323 1 Sec. 451. Section 34A.7, subsections 1, 2, 3, and 4, Code 323 2 2003, are amended to read as follows: 323 3 1. LOCAL WIRE-LINE E911 SERVICE SURCHARGE IMPOSITION. 323 4 a. To encourage local implementation of E911 service, one 323 5 source of funding for E911 emergency telephone communication 323 6 systems shall come from a surcharge per month, per access line 323 7 on each access line subscriber, except as provided in 323 8 subsection 5, equal to the lowest amount of the following: 323 9 (1) One dollar. 323 10 (2) An amount less than one dollar, which would fully pay 323 11 both recurring and nonrecurring costs of the E911 service 323 12 system within five years from the date the maximum surcharge 323 13 is imposed. 323 14 (3) The maximum monetary limitation approved by 323 15 referendum. 323 16 b. The surcharge shall be imposed by order of the 323 17administratorprogram manager as follows: 323 18 (1) Theadministratorprogram manager shall notify a local 323 19 exchange service provider scheduled to provide exchange access 323 20 line service to an E911 service area, that implementation of 323 21 an E911 service plan has been approved by the joint911E911 323 22 service board and by the service area referendum, and that 323 23 collection of the surcharge is to begin within one hundred 323 24 days. 323 25 (2) Thenotice shall be provided at least one hundred days323 26before the surcharge must be billed for the first timeprogram 323 27 manager shall also provide notice to all affected public 323 28 safety answering points. 323 29c. The surcharge shall terminate at the end of twenty-four323 30months, unless either, or both, of the following conditions is323 31met:323 32(1) E911 service is initiated for all or a part of the323 33E911 service area.323 34(2) An extension is granted by the administrator for good323 35cause.324 1d. The surcharge shall terminate at the end of twenty-four324 2months if the joint E911 service plan has not been approved by324 3the administrator within eighteen months of the original324 4notice to the provider to impose the surcharge, and shall not324 5be reimposed until a service plan is approved by the324 6administrator and the administrator gives providers notice as324 7required by paragraph "a", subparagraphs (1) and (2).324 8 2. SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE 324 9 PROVIDERS. 324 10 a. The surcharge shall be collected as part of the access 324 11 line service provider's periodic billing to a subscriber. In 324 12 compensation for the costs of billing and collection, the 324 13 local exchange service provider may retain one percent of the 324 14 gross surcharges collected. If the compensation is 324 15 insufficient to fully recover a local exchange service 324 16 provider's costs for billing and collection of the surcharge, 324 17 the deficiency shall be included in the local exchange service 324 18 provider's costs for ratemaking purposes to the extent it is 324 19 reasonable and just under section 476.6. The surcharge shall 324 20 be remitted to the E911 service operating authority for 324 21 deposit into the E911 service fund quarterly by the local 324 22 exchange service provider. The total amount for multiple 324 23 exchanges may be combined. 324 24 b. A local exchange service provider is not liable for an 324 25 uncollected surcharge for which the local exchange service 324 26 provider has billed a subscriber but not been paid. The 324 27 surcharge shall appear as a single line item on a subscriber's 324 28 periodic billing entitled, "E911 emergency telephone service 324 29 surcharge". The E911 service surcharge is not subject to 324 30 sales or use tax. 324 31 c. The joint E911 service board may request, not more than 324 32 once each quarter, the following information from the local 324 33 exchange service provider: 324 34 (1) The identity of the exchange from which the surcharge 324 35 is collected. 325 1 (2) The number of lines to which the surcharge was applied 325 2 for the quarter. 325 3 (3) The number of refusals to pay per exchange if 325 4 applicable. 325 5 (4) Write-offs applied per exchange if applicable. 325 6 (5) The number of lines exempt per exchange. 325 7 (6) The amount retained by the local exchange service 325 8 provider generated from the one percent administration fee. 325 9 d. Access line counts and surcharge remittances are 325 10 confidential public records as provided in section 34A.8. 325 11 3. MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE. An 325 12 individual subscriber shall not be required to pay on a single 325 13 periodic billing the surcharge on more than one hundred access 325 14 lines, or their equivalent, in an E911 service area. A 325 15 subscriber shall pay the surcharge in each E911 service area 325 16 in which the subscriber receives access line service. 325 17 4. E911 SERVICE FUND. Each joint E911 service board shall 325 18 establish and maintain as a separate account an E911 service 325 19 fund. Any funds remaining in the account at the end of each 325 20 fiscal year shall not revert to the general funds of the 325 21 member political subdivisions, except as provided in 325 22 subsection 5, but shall remain in the E911 service fund. 325 23 Moneys in an E911 service fund may only be used for 325 24 nonrecurring and recurring costs of the E911 service plan as 325 25 approved by theadministratorprogram manager, as those terms 325 26 are defined by section 34A.2. 325 27 Sec. 452. Section 34A.7, subsection 5, paragraph b, 325 28 subparagraphs (2) and (3), Code 2003, are amended to read as 325 29 follows: 325 30 (2) If money remains in the fund after fully paying for 325 31 recurring costs incurred in the preceding year, the remainder 325 32 may be spent to pay for nonrecurring costs, not to exceed 325 33 actual nonrecurring costs as approved by theadministrator325 34 program manager. 325 35 (3) If money remains in the fund after fully paying 326 1 obligations under subparagraphs (1) and (2), the remainder may 326 2 be accumulated in the fund as a carryover operating surplus. 326 3 If the surplus is greater than twenty-five percent of the 326 4 approved annual operating budget for the next year, the 326 5administratorprogram manager shall reduce the surcharge by an 326 6 amount calculated to result in a surplus of no more than 326 7 twenty-five percent of the planned annual operating budget. 326 8 After nonrecurring costs have been paid, if the surcharge is 326 9 less than the maximum allowed and the fund surplus is less 326 10 than twenty-five percent of the approved annual operating 326 11 budget, theadministratorprogram manager shall, upon 326 12 application of the joint E911 service board, increase the 326 13 surcharge in an amount calculated to result in a surplus of 326 14 twenty-five percent of the approved annual operating budget. 326 15 The surcharge may only be adjusted once in a single year, upon 326 16 one hundred days' prior notice to the provider. 326 17 Sec. 453. Section 34A.7A, subsection 1, Code 2003, is 326 18 amended to read as follows: 326 19 1. a. Notwithstanding section 34A.6, the administrator 326 20 shall adopt by rule a monthly surcharge of up tofiftysixty- 326 21 five cents to be imposed on each wireless communications 326 22 service number provided in this state. The surcharge shall be 326 23 imposed uniformly on a statewide basis and simultaneously on 326 24 all wireless communications service numbers as provided by 326 25 rule of the administrator. 326 26 b. Theadministratorprogram manager shall provide no less 326 27 than one hundred days' notice of the surcharge to be imposed 326 28 to each wireless communications service provider. The 326 29administratorprogram manager, subject to thefiftysixty-five 326 30 cent limit in paragraph "a", may adjust the amount of the 326 31 surcharge as necessary, but no more than once in any calendar 326 32 year. 326 33 c. (1) The surcharge shall be collected as part of the 326 34 wireless communications service provider's periodic billing to 326 35 a subscriber. The surcharge shall appear as a single line 327 1 item on a subscriber's periodic billing indicating that the 327 2 surcharge is for E911 emergency telephone service. In the 327 3 case of prepaid wireless telephone service, this surcharge 327 4 shall be remitted based upon the address associated with the 327 5 point of purchase, the customer billing address, or the 327 6 location associated with the mobile telephone number for each 327 7 active prepaid wireless telephone that has a sufficient 327 8 positive balance as of the last days of the information, if 327 9 that information is available. The wireless E911 service 327 10 surcharge is not subject to sales or use tax. 327 11 (2) In compensation for the costs of billing and 327 12 collection, the wireless communications service provider may 327 13 retain one percent of the gross surcharges collected. 327 14 (3) The surcharges shall be remitted quarterly by the 327 15 wireless communications service provider to theadministrator327 16 program manager for deposit into the fund established in 327 17 subsection 2. 327 18 (4) A wireless communications service provider is not 327 19 liable for an uncollected surcharge for which the wireless 327 20 communications service provider has billed a subscriber but 327 21 which has not been paid.The surcharge shall appear as a327 22single line item on a subscriber's periodic billing indicating327 23that the surcharge is for E911 emergency telephone service.327 24The E911 service surcharge is not subject to sales or use tax.327 25 Sec. 454. Section 34A.7A, subsection 2, Code 2003, is 327 26 amended to read as follows: 327 27 2. Moneys collected pursuant to subsection 1 shall be 327 28 deposited in a separate wireless E911 emergency communications 327 29 fund within the state treasury under the control of the 327 30administratorprogram manager. Section 8.33 shall not apply 327 31 to moneys in the fund. Moneys earned as income, including as 327 32 interest, from the fund shall remain in the fund until 327 33 expended as provided in this section. Moneys in the fund 327 34 shall be expended and distributedannually as followsin the 327 35 following priority order: 328 1 a. An amount as appropriated by the general assembly to 328 2 the administrator shall be allocated to the administrator and 328 3 program manager for implementation, support, and maintenance 328 4 of the functions of the administrator and program manager and 328 5 to employ the auditor of state to perform an annual audit of 328 6 the wireless E911 emergency communications fund. 328 7 b. The program manager shall allocate twenty-one percent 328 8 of the total amount of surcharge generated to wireless 328 9 carriers to recover their costs to deliver E911 phase 1 328 10 services. If the allocation in this paragraph is insufficient 328 11 to reimburse all wireless carriers for such carrier's eligible 328 12 expenses, the program manager shall allocate a prorated amount 328 13 to each wireless carrier equal to the percentage of such 328 14 carrier's eligible expenses as compared to the total of all 328 15 eligible expenses for all wireless carriers for the calendar 328 16 quarter during which such expenses were submitted. When 328 17 prorated expenses are paid, the remaining unpaid expenses 328 18 shall no longer be eligible for payment under this paragraph. 328 19 c. The program manager shall reimburse wire-line carriers 328 20 on a calendar quarter basis for carriers' eligible expenses 328 21 for transport costs between the selective router and the 328 22 public safety answering points related to the delivery of 328 23 wireless E911 phase 1 services. 328 24b.d.(1)Theadministrator shall retain funds necessary328 25to reimburse wireless carriers for their costs to deliver E911328 26services. The administrator shall assure that wireless328 27carriers recover all eligible costs associated with the328 28implementation and operation of E911 services, including but328 29not limited to hardware, software, and transport costs. The328 30administrator shall adopt rules defining eligible costs which328 31are consistent with federal law, regulations, and any order of328 32a federal agencyprogram manager shall reimburse wire-line 328 33 carriers and third-party E911 automatic location information 328 34 database providers on a calendar quarterly basis for the costs 328 35 of maintaining and upgrading the E911 components and 329 1 functionalities beyond the input to the E911 selective router, 329 2 including the E911 selective router and the automatic location 329 3 information database. 329 4(2) The administrator shall provide for the reimbursement329 5of wireless carriers on a quarterly basis. If the total329 6amount of moneys available in the fund for the reimbursement329 7of wireless carriers pursuant to subparagraph (1) is329 8insufficient to reimburse all wireless carriers for such329 9carriers' eligible expenses, the administrator shall remit an329 10amount to each wireless carrier equal to the percentage of329 11such carrier's eligible expenses as compared to the total of329 12all eligible expenses for all wireless carriers for the329 13calendar quarter during which such expenses were submitted.329 14 e. The program manager shall apply an amount up to five 329 15 hundred thousand dollars per calendar quarter to any 329 16 outstanding wireless E911 phase 1 obligations incurred 329 17 pursuant to this chapter prior to July 1, 2004. 329 18 f. (1) The program manager shall allocate an amount up to 329 19 one hundred fifty-nine thousand dollars per calendar quarter 329 20 equally to the joint E911 service boards and the department of 329 21 public safety that have submitted an annual written request to 329 22 the program manager in a form approved by the program manager 329 23 by May 15 of each year. The program manager shall allocate to 329 24 each joint E911 service board and to the department of public 329 25 safety a minimum of one thousand dollars per calendar quarter 329 26 for each public safety answering point within the service area 329 27 of the department of public safety or joint E911 service 329 28 board. 329 29 (2) Upon retirement of outstanding obligations referred to 329 30 in paragraph "e", the amount allocated under this paragraph 329 31 "f" shall be twenty-four percent of the total amount of 329 32 surcharge generated per calendar quarter allocated as follows: 329 33 (a) Sixty-five percent of the total dollars available for 329 34 allocation shall be allocated in proportion to the square 329 35 miles of the service area to the total square miles in this 330 1 state. 330 2 (b) Thirty-five percent of the total dollars available for 330 3 allocation shall be allocated in proportion to the wireless 330 4 E911 calls taken at the public safety answering point in the 330 5 service area to the total number of wireless E911 calls 330 6 originating in this state. 330 7 (c) Notwithstanding subparagraph subdivisions (a) and (b), 330 8 the minimum amount allocated to each joint E911 service board 330 9 and to the department of public safety shall be no less than 330 10 one thousand dollars for each public safety answering point 330 11 within the service area of the department of public safety or 330 12 joint E911 service board. 330 13 (3) The funds allocated in this paragraph "f" shall be 330 14 used for communication equipment located inside the public 330 15 safety answering points for the implementation and maintenance 330 16 of wireless E911 phase 2. The joint E911 service boards and 330 17 the department of public safety shall provide an estimate of 330 18 phase 2 implementation costs to the program manager by January 330 19 1, 2005. 330 20c. (1) The remainder of the surcharge collected shall be330 21remitted to the administrator for distribution to the joint330 22E911 service boards and the department of public safety330 23pursuant to subparagraph (2) to be used for the implementation330 24of enhanced wireless communications capabilities.330 25 g. If moneys remain in the fund after fully paying all 330 26 obligations under paragraphs "a" through "f", the remainder 330 27 may be accumulated in the fund as a carryover operating 330 28 surplus. This surplus shall be used to fund future phase 2 330 29 network and public safety answering point improvements and 330 30 wireless carriers' transport costs related to wireless E911 330 31 services, if those costs are not otherwise recovered by 330 32 wireless carriers through customer billing or other sources 330 33 and approved by the program manager. Notwithstanding section 330 34 8.33, any moneys remaining in the fund at the end of each 330 35 fiscal year shall not revert to the general fund of the state 331 1 but shall remain available for the purposes of the fund. 331 2(2)h. The administrator, in consultation with the program 331 3 manager and the E911 communications council, shall adopt rules 331 4 pursuant to chapter 17A governing the distribution of the 331 5 surcharge collected and distributed pursuant to thislettered331 6paragraphsubsection. The rules shall include provisions that 331 7 all joint E911 service boards and the department of public 331 8 safety which answer or service wireless E911 calls are 331 9 eligible to receive an equitable portion of the receipts. 331 10A joint E911 service board or the department of public331 11safety, to receive funds from the wireless E911 emergency331 12communications fund, must submit a written request for such331 13funds to the administrator in a form as approved by the331 14administrator. A request shall be for funding under an331 15approved E911 service plan for equipment which is directly331 16related to the reception and disposition of incoming wireless331 17E911 calls. The administrator may approve the distribution of331 18funds pursuant to such request if the administrator finds that331 19the requested funding is for equipment necessary for the331 20reception and disposition of such calls and that sufficient331 21funds are available for such distribution.331 22If insufficient funds are available to fund all requests,331 23the administrator shall fund requests in an order deemed331 24appropriate by the administrator after considering factors331 25including, but not limited to, all of the following:331 26(a) Documented volume of wireless E911 calls received by331 27each public safety answering point.331 28(b) The population served by each public safety answering331 29point.331 30(c) The number of wireless telephones in the public safety331 31answering point jurisdiction.331 32(d) The public safety of the citizens of this state.331 33(e) Any other factor deemed appropriate by the331 34administrator, in consultation with the E911 communications331 35council, and adopted by rule.332 1(3)2A. a. Theadministratorprogram manager shall submit 332 2 an annual report by January 15 of each year to the legislative 332 3 government oversight committee advising the general assembly 332 4 of the status of E911 implementation and operations, including 332 5 bothland-linewire-line and wireless services,andthe 332 6 distribution of surcharge receipts, and an accounting of the 332 7 revenues and expenses of the E911 program. 332 8 b. The program manager shall submit a calendar quarter 332 9 report of the revenues and expenses of the E911 program to the 332 10 fiscal services division of the legislative services agency. 332 11 c. The legislative government oversight committee shall 332 12 review the priorities of distribution of funds under this 332 13 chapter at least every two years. 332 14 Sec. 455. Section 34A.7A, subsection 3, Code 2003, is 332 15 amended to read as follows: 332 16 3. The amount collected from a wireless service provider 332 17 and deposited in the fund, pursuant to section 22.7, 332 18 subsection 6, information provided by a wireless service 332 19 provider to theadministratorprogram manager consisting of 332 20 trade secrets, pursuant to section 22.7, subsection 3, and 332 21 other financial or commercial operations information provided 332 22 by a wireless service provider to theadministratorprogram 332 23 manager, shall be kept confidential as provided under section 332 24 22.7. This subsection does not prohibit the inclusion of 332 25 information in any report providing aggregate amounts and 332 26 information which does not identify numbers of accounts or 332 27 customers, revenues, or expenses attributable to an individual 332 28 wireless communications service provider. 332 29 Sec. 456. Section 34A.8, subsection 2, unnumbered 332 30 paragraph 2, Code 2003, is amended to read as follows: 332 31 The program manager, joint E911 service board, the 332 32 designated E911 service provider, and the public safety 332 33 answering point, their agents, employees, and assigns shall 332 34 use local exchange service information provided by the local 332 35 exchange service provider solely for the purposes of providing 333 1 E911 emergency telephone service, and it shall otherwise be 333 2 kept confidential. A person who violates this section is 333 3 guilty of a simple misdemeanor. 333 4 Sec. 457. Section 34A.9, Code 2003, is amended to read as 333 5 follows: 333 6 34A.9 TELECOMMUNICATIONS DEVICES FOR THEDEAFSPEECH AND 333 7 HEARING-IMPAIRED. 333 8By January 1, 1990, each countyEach public safety 333 9 answering point shall provide for the installation and use of 333 10at least onetelecommunicationsdevicedevices for thedeaf at333 11a public safety answering pointspeech and hearing-impaired. 333 12 Sec. 458. NEW SECTION. 34A.10 E911 SELECTIVE ROUTER. 333 13 On and after July 1, 2004, only the program manager shall 333 14 approve access to the E911 selective router. 333 15 Sec. 459. Section 34A.15, Code 2003, is amended by adding 333 16 the following new subsection: 333 17 NEW SUBSECTION. 1A. The auditor of state or the auditor 333 18 of state's designee shall serve as an ex officio nonvoting 333 19 member. 333 20 Sec. 460. Section 34A.15, subsection 2, Code 2003, is 333 21 amended to read as follows: 333 22 2. The council shall advise and make recommendations to 333 23 the administrator and program manager regarding the 333 24 implementation of this chapter. Such advice and 333 25 recommendations shall be provided on issues at the request of 333 26 the administrator or program manager or as deemed necessary by 333 27 the council. 333 28 Sec. 461. Section 16.161, unnumbered paragraph 1, Code 333 29 2003, is amended to read as follows: 333 30 The authority shall assist theadministratorprogram 333 31 manager, appointed pursuant to section 34A.2A, as provided in 333 32 chapter 34A, subchapter II, and the authority shall have all 333 33 of the powers delegated to it by a joint E911 service board or 333 34 the department of public defense in a chapter 28E agreement 333 35 with respect to the issuance and securing of bonds or notes 334 1 and the carrying out of the purposes of chapter 34A. 334 2 DIVISION XXV 334 3 SEX OFFENDER REGISTRY 334 4 Sec. 462. Section 22.7, Code Supplement 2003, is amended 334 5 by adding the following new subsection: 334 6 NEW SUBSECTION. 48. Sex offender registry records under 334 7 chapter 692A, except as provided in section 692A.13. 334 8 Sec. 463. Section 229A.8A, subsection 4, Code Supplement 334 9 2003, is amended to read as follows: 334 10 4.For purposes of registering as a sex offender under334 11chapter 692A, a person placed in the transitional release334 12program shall be classified a "high-risk" sex offender and334 13public notification shall be as provided in section 692A.13A,334 14subsection 2.A committed person who refuses to register as a 334 15 sex offender is not eligible for placement in a transitional 334 16 release program. 334 17 Sec. 464. Section 692A.13, Code Supplement 2003, is 334 18 amended by striking the section and inserting in lieu thereof 334 19 the following: 334 20 692A.13 AVAILABILITY OF RECORDS. 334 21 1. The department may provide relevant information from 334 22 the sex offender registry to the following: 334 23 a. A criminal or juvenile justice agency, an agency of the 334 24 state, any sex offender registry of another state, or the 334 25 federal government. 334 26 b. The general public through the sex offender registry's 334 27 web page, except that relevant information about an offender 334 28 who was under twenty years of age at the time the offender 334 29 committed a violation of section 709.4, subsection 2, 334 30 paragraph "c", subparagraph (4), shall not be disclosed on the 334 31 web page. 334 32 c. The single contact repository established pursuant to 334 33 section 135C.33, in accordance with the rules adopted by the 334 34 department. 334 35 2. A criminal or juvenile justice agency may provide 335 1 relevant information from the sex offender registry to the 335 2 following: 335 3 a. A criminal or juvenile justice agency, an agency of the 335 4 state, or any sex offender registry of another state, or the 335 5 federal government. 335 6 b. The general public, including public and private 335 7 agencies, organizations, public places, public and private 335 8 schools, child care facilities, religious and youth 335 9 organizations, neighbors, neighborhood associations, community 335 10 meetings, and employers. Registry information may be 335 11 distributed to the public through printed materials, visual or 335 12 audio press releases, or through a criminal or juvenile 335 13 justice agency's web page. 335 14 3. Any member of the public may contact a county sheriff's 335 15 office or police department to request relevant information 335 16 from the registry regarding a specific person required to 335 17 register under this chapter. The request for information 335 18 shall be in writing, and shall include the name of the person 335 19 and at least one of the following identifiers pertaining to 335 20 the person about whom the information is sought: 335 21 a. The date of birth of the person. 335 22 b. The social security number of the person. 335 23 c. The address of the person. 335 24 4. A county sheriff shall also provide to any person upon 335 25 request access to a list of all registrants in that county. 335 26 However, records of a person protected under 18 U.S.C. } 3521 335 27 shall not be disclosed. 335 28 5. Relevant information provided to the general public may 335 29 include the offender's name, address, a photograph, locations 335 30 frequented by the offender, relevant criminal history 335 31 information from the registry, and any other relevant 335 32 information. Relevant information provided to the public 335 33 shall not include the identity of any victim. 335 34 6. Notwithstanding sections 232.147 through 232.151, 335 35 records concerning convictions which are committed by a minor 336 1 may be released in the same manner as records of convictions 336 2 of adults. 336 3 7. Sex offender registry records are confidential records 336 4 pursuant to section 22.7 and shall only be released as 336 5 provided in this section. 336 6 Sec. 465. Section 901.4, Code Supplement 2003, is amended 336 7 to read as follows: 336 8 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 336 9 DISTRIBUTION. 336 10 The presentence investigation report is confidential and 336 11 the court shall provide safeguards to ensure its 336 12 confidentiality, including but not limited to sealing the 336 13 report, which may be opened only by further court order. At 336 14 least three days prior to the date set for sentencing, the 336 15 court shall serve all of the presentence investigation report 336 16 upon the defendant's attorney and the attorney for the state, 336 17 and the report shall remain confidential except upon court 336 18 order. However, the court may conceal the identity of the 336 19 person who provided confidential information. The report of a 336 20 medical examination or psychological or psychiatric evaluation 336 21 shall be made available to the attorney for the state and to 336 22 the defendant upon request. The reports are part of the 336 23 record but shall be sealed and opened only on order of the 336 24 court. If the defendant is committed to the custody of the 336 25 Iowa department of corrections and is not a class "A" felon, a 336 26 copy of the presentence investigation report shall be 336 27 forwarded to the director with the order of commitment by the 336 28 clerk of the district court and to the board of parole at the 336 29 time of commitment. Pursuant to section 904.602, the 336 30 presentence investigation report may also be released by the 336 31 department of corrections or a judicial district department of 336 32 correctional services to another jurisdiction for the purpose 336 33 of providing interstate probation and parole compact services 336 34 or evaluations, or to a substance abuse or mental health 336 35 services provider when referring a defendant for services. 337 1 The defendant or the defendant's attorney may file with the 337 2 presentence investigation report, a denial or refutation of 337 3 the allegations, or both, contained in the report. The denial 337 4 or refutation shall be included in the report. If the person 337 5 is sentenced for an offense which requires registration under 337 6 chapter 692A, the court shall release the report to the 337 7 departmentwhich is responsible under section 692A.13A for337 8performing the assessment of risk. 337 9 Sec. 466. Section 692A.13A, Code 2003, is repealed. 337 10 Sec. 467. APPLICABILITY OF AVAILABLE RECORDS IN THE SEX 337 11 OFFENDER REGISTRY. Section 692A.13, as amended by this 337 12 division of this Act, shall apply retroactively to all 337 13 offenders on the registry. 337 14 Sec. 468. EFFECTIVE DATE. This division of this Act, 337 15 being deemed of immediate importance, takes effect upon 337 16 enactment. 337 17 337 18 337 19 337 20 JEFFREY M. LAMBERTI 337 21 President of the Senate 337 22 337 23 337 24 337 25 CHRISTOPHER C. RANTS 337 26 Speaker of the House 337 27 337 28 I hereby certify that this bill originated in the Senate and 337 29 is known as Senate File 2298, Eightieth General Assembly. 337 30 337 31 337 32 337 33 MICHAEL E. MARSHALL 337 34 Secretary of the Senate 337 35 Approved , 2004 338 1 338 2 338 3 338 4 THOMAS J. VILSACK 338 5 Governor
Text: SF02297 Text: SF02299 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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