Text: SSB01206 Text: SSB01208 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MH/MR/DD ALLOWED GROWTH 1 3 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 1 5 AND ALLOCATIONS – FISCAL YEAR 2004-2005. 1 6 1. There is appropriated from the general fund of the 1 7 state to the department of human services for the fiscal year 1 8 beginning July 1, 2004, and ending June 30, 2005, the 1 9 following amount, or so much thereof as is necessary, to be 1 10 used for the purpose designated: 1 11 For distribution to counties of the county mental health, 1 12 mental retardation, and developmental disabilities allowed 1 13 growth factor adjustment, as provided in this section in lieu 1 14 of the provisions of section 331.438, subsection 2, and 1 15 section 331.439, subsection 3, and chapter 426B: 1 16 .................................................. $ 23,738,749 1 17 2. The funding appropriated in this section is the allowed 1 18 growth factor adjustment for fiscal year 2004-2005, and is 1 19 allocated as follows: 1 20 a. For distribution as provided by law: 1 21 .................................................. $ 21,738,749 1 22 b. For deposit in the risk pool created in the property 1 23 tax relief fund and for distribution in accordance with 1 24 section 426B.5, subsection 2: 1 25 .................................................. $ 2,000,000 1 26 DIVISION II 1 27 STANDING APPROPRIATIONS – REDUCTIONS 1 28 Sec. 2. GENERAL ASSEMBLY. The appropriations made 1 29 pursuant to section 2.12 for the expenses of the general 1 30 assembly and legislative agencies for the fiscal year 1 31 beginning July 1, 2003, and ending June 30, 2004, are reduced 1 32 by the following amount: 1 33 .................................................. $ 2,000,000 1 34 Sec. 3. REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 1 35 section 8.56, subsection 4, there is appropriated from the 2 1 cash reserve fund to the rebuild Iowa infrastructure fund 2 2 created in section 8.57 for the fiscal year beginning July 1, 2 3 2002, and ending June 30, 2003, the following amount: 2 4 .................................................. $ 2,150,000 2 5 Sec. 4. ENVIRONMENT FIRST FUND. Notwithstanding the 2 6 amount of the standing appropriation from the rebuild Iowa 2 7 infrastructure fund under section 8.57A, subsection 4, there 2 8 is appropriated from the rebuild Iowa infrastructure fund to 2 9 the environment first fund, in lieu of the appropriation made 2 10 in section 8.57A, for the fiscal year beginning July 1, 2002, 2 11 and ending June 30, 2003, the following amount: 2 12 .................................................. $ 18,445,000 2 13 Sec. 5. AT-RISK CHILDREN PROGRAMS. Notwithstanding the 2 14 standing appropriation in section 279.51, subsection 1, the 2 15 amount appropriated from the general fund of the state under 2 16 section 279.51, subsection 1, to the department of education 2 17 for the fiscal year beginning July 1, 2003, and ending June 2 18 30, 2004, is reduced by the following amount: 2 19 .................................................. $ 1,000,000 2 20 The amount of the reduction in this section shall be 2 21 prorated among the programs specified in section 279.51, 2 22 subsection 1, paragraphs "a", "b", and "c". 2 23 Sec. 6. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 2 24 Notwithstanding section 312.2, subsection 14, the amount 2 25 appropriated from the general fund of the state under section 2 26 312.2, subsection 14, to the state department of 2 27 transportation for public transit assistance under chapter 2 28 324A for the fiscal year beginning July 1, 2003, and ending 2 29 June 30, 2004, is reduced by the following amount: 2 30 .................................................. $ 1,298,675 2 31 Sec. 7. Section 294A.25, subsection 1, Code 2003, is 2 32 amended to read as follows: 2 33 1. For the fiscal year beginning July 1,20002003, and 2 34 for each succeeding year, there is appropriated from the 2 35 general fund of the state to the department of education the 3 1 amount ofeightyfifty-six million eight hundred ninety-one 3 2 thousand three hundred thirty-six dollars to be used to 3 3 improve teacher salaries. The moneys shall be distributed as 3 4 provided in this section. 3 5 Sec. 8. EFFECTIVE DATE. The sections of this division of 3 6 this Act relating to the appropriations made to the rebuild 3 7 Iowa infrastructure fund and environment first fund for the 3 8 fiscal year beginning July 1, 2002, being deemed of immediate 3 9 importance, take effect upon enactment. 3 10 DIVISION III 3 11 STANDING APPROPRIATIONS – LIMITATIONS 3 12 Sec. 9. Notwithstanding the standing appropriations in the 3 13 following designated sections for the fiscal year beginning 3 14 July 1, 2003, and ending June 30, 2004, the amounts 3 15 appropriated from the general fund of the state pursuant to 3 16 those sections for the following designated purposes shall not 3 17 exceed the following amounts: 3 18 1. For compensation of officers and enlisted persons and 3 19 their expenses while on state active duty as authorized in 3 20 section 29A.27: 3 21 .................................................. $ 432,450 3 22 2. For payment for nonpublic school transportation under 3 23 section 285.2: 3 24 .................................................. $ 7,799,550 3 25 If total approved claims for reimbursement for nonpublic 3 26 school pupil transportation claims exceed the amount 3 27 appropriated in this section, the department of education 3 28 shall prorate the amount of each claim. 3 29 3. For printing cigarette tax stamps under section 453A.7: 3 30 .................................................. $ 110,055 3 31 4. For the state's share of the cost of the peace 3 32 officers' retirement benefits under section 411.20: 3 33 .................................................. $ 2,816,189 3 34 5. For payment of livestock production credit refunds 3 35 under section 422.121: 4 1 .................................................. $ 1,815,735 4 2 6. For reimbursement for the homestead property tax credit 4 3 under section 425.1: 4 4 .................................................. $105,585,004 4 5 7. For reimbursement for the agricultural land and family 4 6 farm tax credits under section 426.1: 4 7 .................................................. $ 35,497,624 4 8 8. For reimbursement for the military service tax credit 4 9 under section 426A.1A: 4 10 .................................................. $ 2,569,712 4 11 9. For administration expenses of the state unemployment 4 12 compensation law under chapter 96: 4 13 .................................................. $ 450,000 4 14 10. For payment of certain interest costs due the federal 4 15 government under the federal Cash Management and Improvement 4 16 Act under section 421.31: 4 17 .................................................. $ 550,000 4 18 11. For funding the state's deferred compensation program 4 19 established for state employees under section 509A.12: 4 20 .................................................. $ 56,501 4 21 Sec. 10. ELDERLY AND DISABLED CREDIT. Notwithstanding the 4 22 standing appropriation in section 425.39, the amount 4 23 appropriated from the general fund of the state under section 4 24 425.39, for the fiscal year beginning July 1, 2003, and ending 4 25 June 30, 2004, for purposes of implementing the elderly and 4 26 disabled credit and reimbursement portion of the extraordinary 4 27 property tax and reimbursement division of chapter 425, shall 4 28 not exceed $16,651,800. The director shall pay, in full, all 4 29 claims to be paid during the fiscal year beginning July 1, 4 30 2003, for reimbursement of rent constituting property taxes 4 31 paid. If the amount of claims for credit for property taxes 4 32 due to be paid during the fiscal year beginning July 1, 2003, 4 33 exceeds the amount remaining after payment to renters, the 4 34 director of revenue and finance shall prorate the payments to 4 35 the counties for the property tax credit. In order for the 5 1 director to carry out the requirements of this section, 5 2 notwithstanding any provision to the contrary in sections 5 3 425.16 through 425.39, claims for reimbursement for rent 5 4 constituting property taxes paid filed before May 1, 2004, 5 5 shall be eligible to be paid in full during the fiscal year 5 6 ending June 30, 2004, and those claims filed on or after May 5 7 1, 2004, shall be eligible to be paid during the fiscal year 5 8 beginning July 1, 2004, and the director is not required to 5 9 make payments to counties for the property tax credit before 5 10 June 15, 2004. 5 11 DIVISION IV 5 12 REVENUE ADJUSTMENTS – APPROPRIATIONS 5 13 Sec. 11. IOWA ECONOMIC EMERGENCY AND RESERVE FUNDS – 5 14 EARNINGS. Notwithstanding section 8.55, subsection 4, and 5 15 section 8.56, subsection 1, for the fiscal year beginning July 5 16 1, 2003, and ending June 30, 2004, the interest and earnings 5 17 on moneys deposited in the Iowa economic emergency fund and 5 18 the cash reserve fund shall be credited to the general fund of 5 19 the state. 5 20 Sec. 12. USE OF REVERSIONS. Notwithstanding section 8.62, 5 21 if on June 30, 2004, a balance of an operational 5 22 appropriation, as defined in section 8.62, remains unexpended 5 23 or unencumbered, the balance shall revert to the general fund 5 24 of the state as provided in section 8.33. 5 25 Sec. 13. KEEP IOWA BEAUTIFUL FUND. For the fiscal years 5 26 beginning July 1, 2002, and July 1, 2003, moneys credited to 5 27 the keep Iowa beautiful fund in accordance with section 5 28 422.12A are appropriated to the state department of 5 29 transportation to be used for the purposes provided in section 5 30 314.28. 5 31 Sec. 14. ENDOWMENT FOR IOWA'S HEALTH. For the fiscal year 5 32 beginning July 1, 2003, and ending June 30, 2004, of the 5 33 $70,000,000 to be deposited in the endowment for Iowa's health 5 34 account of the tobacco settlement trust fund under 2001 Iowa 5 35 Acts, chapter 174, section 1, subsection 1, the following 6 1 amount shall instead be deposited in the general fund of the 6 2 state: 6 3 .................................................. $ 20,000,000 6 4 Sec. 15. JUNIOR OLYMPICS. There is appropriated from the 6 5 general fund of the state to the department of economic 6 6 development for the fiscal year beginning July 1, 2003, and 6 7 ending June 30, 2004, the following amount, or so much thereof 6 8 as is necessary, to be used for the purpose designated: 6 9 For providing assistance to a city or nonprofit 6 10 organization hosting the national junior olympics: 6 11 .................................................. $ 50,000 6 12 Sec. 16. Section 8.55, subsection 2, paragraph c, Code 6 13 2003, is amended to read as follows: 6 14 c. Notwithstanding paragraph "a", any moneys in excess of 6 15 the maximum balance in the economic emergency fund after the 6 16 distribution of the surplus in the general fund of the state 6 17 at the conclusion of each fiscal year and after the 6 18 appropriate amount has been transferred pursuant to paragraph 6 19 "b", shall not be transferred to the general fund of the state 6 20 but shall be transferred to the senior living trust fund. The 6 21 total amount transferred, in the aggregate, under this 6 22 paragraph for all fiscal years shall not exceedfifty-oneone 6 23 hundred eighteen millionfive hundred thousanddollars. 6 24 Sec. 17. Section 8.57, subsection 1, paragraph a, 6 25 unnumbered paragraph 1, Code Supplement 2001, as enacted by 6 26 2002 Iowa Acts, Second Extraordinary Session, chapter 1001, 6 27 section 28, is amended to read as follows: 6 28 The "cash reserve goal percentage" for fiscal years 6 29 beginning on or after July 1,20032004, is seven and one-half 6 30 percent of the adjusted revenue estimate. For each fiscal 6 31 yearbeginning on or after July 1, 2003,in which the 6 32 appropriation of the surplus existing in the general fund of 6 33 the state at the conclusion of the prior fiscal year pursuant 6 34 to paragraph "b" was not sufficient for the cash reserve fund 6 35 to reach the cash reserve goal percentage for the current 7 1 fiscal year, there is appropriated from the general fund of 7 2 the state an amount to be determined as follows: 7 3 Sec. 18. Section 260G.4B, subsection 1, Code 2003, is 7 4 amended to read as follows: 7 5 1. The total amount of program job credits from all 7 6 employers which shall be allocated for all accelerated career 7 7 education programs in the state in any one fiscal year shall 7 8 not exceed the sum of three million dollars in the fiscal year 7 9 beginning July 1, 2000, three million dollars in the fiscal 7 10 year beginning July 1, 2001, three million dollars in the 7 11 fiscal year beginning July 1, 2002, four million dollars in 7 12 the fiscal year beginning July 1, 2003, and six million 7 13 dollars in the fiscal year beginning July 1,20032004, and 7 14 every fiscal year thereafter. Any increase in program job 7 15 credits above the six-million-dollar limitation per fiscal 7 16 year shall be developed, based on recommendations in a study 7 17 which shall be conducted by the department of economic 7 18 development of the needs and performance of approved programs 7 19 in the fiscal years beginning July 1, 2000, and July 1, 2001. 7 20 The study's findings and recommendations shall be submitted to 7 21 the general assembly by the department by December 31, 2002. 7 22 The study shall include but not be limited to an examination 7 23 of the quality of the programs, the number of program 7 24 participant placements, the wages and benefits in program 7 25 jobs, the level of employer contributions, the size of 7 26 participating employers, and employer locations. A community 7 27 college shall file a copy of each agreement with the 7 28 department of economic development. The department shall 7 29 maintain an annual record of the proposed program job credits 7 30 under each agreement for each fiscal year. Upon receiving a 7 31 copy of an agreement, the department shall allocate any 7 32 available amount of program job credits to the community 7 33 college according to the agreement sufficient for the fiscal 7 34 year and for the term of the agreement. When the total 7 35 available program job credits are allocated for a fiscal year, 8 1 the department shall notify all community colleges that the 8 2 maximum amount has been allocated and that further program job 8 3 credits will not be available for the remainder of the fiscal 8 4 year. Once program job credits have been allocated to a 8 5 community college, the full allocation shall be received by 8 6 the community college throughout the fiscal year and for the 8 7 term of the agreement even if the statewide program job credit 8 8 maximum amount is subsequently allocated and used. 8 9 Sec. 19. 2001 Iowa Acts, chapter 174, section 1, 8 10 subsection 2, as amended by 2002 Iowa Acts, chapter 1174, 8 11 section 8, is amended to read as follows: 8 12 2. There is appropriated from the general fund of the 8 13 state to the endowment for Iowa's health account of the 8 14 tobacco settlement trust fund created in section 12E.12, for 8 15 the designated fiscal years, the following amounts, to be used 8 16 for the purposes specified in section 12E.12 for the endowment 8 17 for Iowa's health account: 8 18 FY 2001-2002 ..................................... $ 7,248,000 8 19 FY 2003-2004 ..................................... $28,251,0008 20 0 8 21 FY 2004-2005 ..................................... $ 29,785,000 8 22 FY 2005-2006 ..................................... $ 29,562,000 8 23 FY 2006-2007 ..................................... $ 17,773,000 8 24 Sec. 20. 2002 Iowa Acts, Second Extraordinary Session, 8 25 chapter 1001, section 33, is amended to read as follows: 8 26 SEC. 33. EFFECTIVE DATE – APPLICABILITY. The amendments 8 27 to the following designated Code provisions in this division 8 28 of this Act take effect July 1,20032004: 8 29 1. Section 8.55, subsection 2, paragraph "a". 8 30 2. Section 8.56, subsection 4, paragraph "b". 8 31 3. Section 8.57, subsection 1, paragraph "a". 8 32 RACING AND GAMING COMMISSION 8 33 Sec. 21. 2002 Iowa Acts, Second Extraordinary Session, 8 34 chapter 1003, section 9, subsection 1, is amended to read as 8 35 follows: 9 1 1. RACETRACK REGULATION 9 2 There is appropriated from the general fund of the state to 9 3 the racing and gaming commission of the department of 9 4 inspections and appeals for the fiscal year beginning July 1, 9 5 2002, and ending June 30, 2003, the following amount, or so 9 6 much thereof as is necessary, to be used for the purposes 9 7 designated: 9 8 For salaries, support, maintenance, and miscellaneous 9 9 purposes for the regulation of pari-mutuel racetracks, and for 9 10 not more than the following full-time equivalent positions: 9 11 .................................................. $2,083,7629 12 2,163,762 9 13 ............................................... FTEs 24.78 9 14 Of the funds appropriated in this subsection, $85,576 shall 9 15 be used to conduct an extended harness racing season. 9 16 Sec. 22. EFFECTIVE DATE. The following provisions of this 9 17 division of this Act, being deemed of immediate importance, 9 18 take effect upon enactment: 9 19 1. The section appropriating moneys from the keep Iowa 9 20 beautiful fund. 9 21 2. The section amending 2002 Iowa Acts, Second 9 22 Extraordinary Session, chapter 1003, section 9, relating to 9 23 racetrack regulation. 9 24 DIVISION V 9 25 COMPENSATION AND BENEFITS 9 26 Sec. 23. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 9 27 GENERAL FUND. There is appropriated from the general fund of 9 28 the state to the salary adjustment fund for distribution by 9 29 the department of management to the various state departments, 9 30 boards, commissions, councils, and agencies, and to the state 9 31 board of regents for those persons employed at the state 9 32 school for the deaf and the Iowa braille and sight saving 9 33 school, for the fiscal year beginning July 1, 2003, and ending 9 34 June 30, 2004, the amount of $25,000,000, or so much thereof 9 35 as may be necessary, to fully fund annual pay adjustments, 10 1 expense reimbursements, and related benefits implemented 10 2 pursuant to the following: 10 3 1. The collective bargaining agreement negotiated pursuant 10 4 to chapter 20 for employees in the blue collar bargaining 10 5 unit. 10 6 2. The collective bargaining agreement negotiated pursuant 10 7 to chapter 20 for employees in the public safety bargaining 10 8 unit. 10 9 3. The collective bargaining agreement negotiated pursuant 10 10 to chapter 20 for employees in the security bargaining unit. 10 11 4. The collective bargaining agreement negotiated pursuant 10 12 to chapter 20 for employees in the technical bargaining unit. 10 13 5. The collective bargaining agreement negotiated pursuant 10 14 to chapter 20 for employees in the professional fiscal and 10 15 staff bargaining unit. 10 16 6. The collective bargaining agreement negotiated pursuant 10 17 to chapter 20 for employees in the clerical bargaining unit. 10 18 7. The collective bargaining agreement negotiated pursuant 10 19 to chapter 20 for employees in the professional social 10 20 services bargaining unit. 10 21 8. The collective bargaining agreement negotiated pursuant 10 22 to chapter 20 for employees in the community-based corrections 10 23 bargaining unit. 10 24 9. The collective bargaining agreements negotiated 10 25 pursuant to chapter 20 for employees in the judicial branch of 10 26 government bargaining units. 10 27 10. The annual pay adjustments, related benefits, and 10 28 expense reimbursements referred to in the sections of this 10 29 division of this Act for employees not covered by a collective 10 30 bargaining agreement. 10 31 Sec. 24. NONCONTRACT STATE EMPLOYEES – GENERAL. 10 32 1. a. For the fiscal year beginning July 1, 2003, the 10 33 maximum salary levels of all pay plans provided for in section 10 34 19A.9, subsection 2, as they exist for the fiscal year ending 10 35 June 30, 2003, shall be increased by 2 percent for the pay 11 1 period beginning June 20, 2003, and any additional changes in 11 2 the pay plans shall be approved by the governor. 11 3 b. For the fiscal year beginning July 1, 2003, employees 11 4 may receive a step increase or the equivalent of a step 11 5 increase. 11 6 2. The pay plans for state employees who are exempt from 11 7 chapter 19A and who are included in the department of revenue 11 8 and finance's centralized payroll system shall be increased in 11 9 the same manner as provided in subsection 1, and any 11 10 additional changes in any executive branch pay plans shall be 11 11 approved by the governor. 11 12 3. This section does not apply to members of the general 11 13 assembly, board members, commission members, salaries of 11 14 persons set by the general assembly in statute, salaries of 11 15 appointed state officers set by the governor, other persons 11 16 designated, employees designated under section 19A.3, 11 17 subsection 5, and employees covered by 581 IAC 4.6(3). 11 18 4. The pay plans for the bargaining eligible employees of 11 19 the state shall be increased in the same manner as provided in 11 20 subsection 1, and any additional changes in such executive 11 21 branch pay plans shall be approved by the governor. As used 11 22 in this section, "bargaining eligible employee" means an 11 23 employee who is eligible to organize under chapter 20, but has 11 24 not done so. 11 25 5. The policies for implementation of this section shall 11 26 be approved by the governor. 11 27 Sec. 25. STATE EMPLOYEES – STATE BOARD OF REGENTS. 11 28 1. Funds from the appropriation made in this division of 11 29 this Act from the general fund of the state to the salary 11 30 adjustment fund shall be allocated by the department of 11 31 management to the state board of regents for the purposes of 11 32 providing increases for state board of regents employees at 11 33 the state school for the deaf and the Iowa braille and sight 11 34 saving school who are addressed by that appropriation and 11 35 employees of the schools who are not covered by a collective 12 1 bargaining agreement. 12 2 2. The state board of regents office and the state 12 3 university of Iowa, Iowa state university of science and 12 4 technology, and the university of northern Iowa shall provide 12 5 from available sources pay adjustments, expense 12 6 reimbursements, and related benefits to fully fund the 12 7 following: 12 8 a. The collective bargaining agreement negotiated pursuant 12 9 to chapter 20 for employees in the university of northern Iowa 12 10 faculty bargaining unit. 12 11 b. The collective bargaining agreement negotiated pursuant 12 12 to chapter 20 for employees in the patient care bargaining 12 13 unit. 12 14 c. The collective bargaining agreement negotiated pursuant 12 15 to chapter 20 for employees in the science bargaining unit. 12 16 d. The collective bargaining agreement negotiated pursuant 12 17 to chapter 20 for employees in the state university of Iowa 12 18 graduate student bargaining unit. 12 19 e. The collective bargaining agreement negotiated pursuant 12 20 to chapter 20 for employees in the state university of Iowa 12 21 hospital and clinics tertiary health care bargaining unit. 12 22 f. The collective bargaining agreement negotiated pursuant 12 23 to chapter 20 for employees in the blue collar bargaining 12 24 unit. 12 25 g. The collective bargaining agreement negotiated pursuant 12 26 to chapter 20 for employees in the public safety bargaining 12 27 unit. 12 28 h. The collective bargaining agreement negotiated pursuant 12 29 to chapter 20 for employees in the security bargaining unit. 12 30 i. The collective bargaining agreement negotiated pursuant 12 31 to chapter 20 for employees in the technical bargaining unit. 12 32 j. The collective bargaining agreement negotiated pursuant 12 33 to chapter 20 for employees in the professional fiscal and 12 34 staff bargaining unit. 12 35 k. The collective bargaining agreement negotiated pursuant 13 1 to chapter 20 for employees in the clerical bargaining unit. 13 2 l. The annual pay adjustments, related benefits, and 13 3 expense reimbursements referred to in the sections of this 13 4 division of this Act for employees not covered by a collective 13 5 bargaining agreement. 13 6 Sec. 26. APPROPRIATIONS FROM ROAD FUNDS. 13 7 1. There is appropriated from the road use tax fund to the 13 8 salary adjustment fund for the fiscal year beginning July 1, 13 9 2003, and ending June 30, 2004, the following amount, or so 13 10 much thereof as may be necessary, to be used for the purpose 13 11 designated: 13 12 To supplement other funds appropriated by the general 13 13 assembly: 13 14 .................................................. $ 3,000,000 13 15 2. There is appropriated from the primary road fund to the 13 16 salary adjustment fund, for the fiscal year beginning July 1, 13 17 2003, and ending June 30, 2004, the following amount, or so 13 18 much thereof as may be necessary, to be used for the purpose 13 19 designated: 13 20 To supplement other funds appropriated by the general 13 21 assembly: 13 22 .................................................. $ 12,000,000 13 23 3. Except as otherwise provided in this division of this 13 24 Act, the amounts appropriated in subsections 1 and 2 shall be 13 25 used to fund the annual pay adjustments, expense 13 26 reimbursements, and related benefits for public employees as 13 27 provided in this division of this Act. 13 28 Sec. 27. SPECIAL FUNDS – AUTHORIZATION. To departmental 13 29 revolving, trust, or special funds, except for the primary 13 30 road fund or the road use tax fund, for which the general 13 31 assembly has established an operating budget, a supplemental 13 32 expenditure authorization is provided, unless otherwise 13 33 provided, in an amount necessary to fund salary adjustments as 13 34 otherwise provided in this division of this Act. 13 35 Sec. 28. GENERAL FUND SALARY MONEYS. Funds appropriated 14 1 from the general fund of the state in this division of this 14 2 Act relate only to salaries supported from general fund 14 3 appropriations of the state except for employees of the state 14 4 board of regents at the state school for the deaf and the Iowa 14 5 braille and sight saving school. The funds appropriated from 14 6 the general fund of the state for employees at the state 14 7 school for the deaf and the Iowa braille and sight saving 14 8 school of the state board of regents shall exclude general 14 9 university indirect costs and general university federal 14 10 funds. 14 11 Sec. 29. FEDERAL FUNDS APPROPRIATED. All federal grants 14 12 to and the federal receipts of the agencies affected by this 14 13 division of this Act which are received and may be expended 14 14 for purposes of this division of this Act are appropriated for 14 15 those purposes and as set forth in the federal grants or 14 16 receipts. 14 17 Sec. 30. STATE TROOPER MEAL ALLOWANCE. The sworn peace 14 18 officers in the department of public safety who are not 14 19 covered by a collective bargaining agreement negotiated 14 20 pursuant to chapter 20 shall receive the same per diem meal 14 21 allowance as the sworn peace officers in the department of 14 22 public safety who are covered by a collective bargaining 14 23 agreement negotiated pursuant to chapter 20. 14 24 Sec. 31. SALARY MODEL COORDINATOR. Of the funds 14 25 appropriated in this division of this Act from the general 14 26 fund of the state, $126,767 for the fiscal year beginning July 14 27 1, 2003, is allocated to the department of management for 14 28 salary and support of the salary model coordinator who shall 14 29 work in conjunction with the legislative fiscal bureau to 14 30 maintain the state's salary model used for analyzing, 14 31 comparing, and projecting state employee salary and benefit 14 32 information, including information relating to employees of 14 33 the state board of regents. The department of revenue and 14 34 finance, the department of personnel, the five institutions 14 35 under the jurisdiction of the state board of regents, the 15 1 eight judicial district departments of correctional services, 15 2 and the state department of transportation shall provide 15 3 salary data to the department of management and the 15 4 legislative fiscal bureau to operate the state's salary model. 15 5 The format and frequency of provision of the salary data shall 15 6 be determined by the department of management and the 15 7 legislative fiscal bureau. The information shall be used in 15 8 collective bargaining processes under chapter 20 and in 15 9 calculating the funding needs contained within the annual 15 10 salary adjustment legislation. A state employee organization 15 11 as defined in section 20.3, subsection 4, may request 15 12 information produced by the model, but the information 15 13 provided shall not contain information attributable to 15 14 individual employees. 15 15 DIVISION VI 15 16 CORRECTIVE PROVISIONS 15 17 Sec. 32. Section 8A.202, subsection 2, paragraph e, if 15 18 enacted by 2003 Iowa Acts, House File 534, is amended by 15 19 striking the paragraph and inserting in lieu thereof the 15 20 following: 15 21 e. Developing and maintaining an electronic repository for 15 22 public access to reference copies of agency mandated reports, 15 23 newsletters, and publications in conformity with section 15 24 304B.10, subsection 1, paragraph "h". The department shall 15 25 develop technical standards for an electronic repository in 15 26 consultation with the state librarian and the state archivist. 15 27 Sec. 33. Section 99E.9, subsection 2, Code 2003, as 15 28 amended by 2003 Iowa Acts, House File 171, section 31, is 15 29 amended to read as follows: 15 30 2. Subject to the approval of the board, the commissioner 15 31 may enter into contracts for the operation and marketing of 15 32 the lottery, except that the board may by rule designate 15 33 classes of contracts other than major procurements which do 15 34 not require prior approval by the board. A major procurement 15 35 shall be as the result of competitive bidding with the 16 1 contract being awarded to the responsible vendor submitting 16 2 the lowest and best proposal. However, before a contract for 16 3 a major procurement is awarded, the division of criminal 16 4 investigation of the department of public safety shall conduct 16 5 a thorough background investigation of the vendor to whom the 16 6 contract is to be awarded. The commissioner and board shall 16 7 consult with the division of criminal investigation and shall 16 8 provide, by rule, for the scope of the thorough background 16 9 investigations and due diligence with regard to the background 16 10 investigations to be conducted in connection with major 16 11 procurements. The vendor shall submit to the division of 16 12 criminal investigation appropriate investigation 16 13 authorizations to facilitate this investigation. The 16 14 background investigation by the division of criminal 16 15 investigation may include a national criminal historyrecord16 16 check through the federal bureau of investigation. The 16 17 screening of vendors or their employees through the federal 16 18 bureau of investigation shall be conducted by submission of 16 19 fingerprints through the state criminal history repository to 16 20 the federal bureau of investigation. As used in this 16 21 subsection, "major procurement" means consulting agreements 16 22 and the major procurement contract with a business 16 23 organization for the printing of tickets, or for purchase or 16 24 lease of equipment or services essential to the operation of a 16 25 lottery game. 16 26 Sec. 34. Section 135.150, subsection 3, as enacted by 2003 16 27 Iowa Acts, House File 396, section 1, is amended to read as 16 28 follows: 16 29 3. "Director" means the directoror the director's16 30designeeof public health or the director's designee. 16 31 Sec. 35. Section 135.154, subsection 7, as enacted by 2003 16 32 Iowa Acts, House File 396, section 5, is amended to read as 16 33 follows: 16 34 7. Treat or order that individuals exposed to or infected 16 35 with disease receive treatment or prophylaxis. Treatment or 17 1 prophylaxis shall be administered by any qualified person 17 2 authorized to do so by the department. Treatment or 17 3 prophylaxis shall not be provided or ordered if the treatment 17 4 or prophylaxis is reasonably likely to lead to serious harm to 17 5 the affected individual. To prevent the spread of 17 6 communicable or potentially communicable disease, the 17 7 department may isolate or quarantine, pursuant to chapter 139A 17 8 and the rules implementing chapter 139A and this division of 17 9 this chapter, any individual who is unable or unwilling to 17 10 undergo treatment or prophylaxis pursuant to this section. 17 11 Sec. 36. Section 170.6, subsection 1, paragraph b, if 17 12 enacted by 2003 Iowa Acts, House File 624, is amended to read 17 13 as follows: 17 14 b. Failed to provide notice or access to the department of 17 15 natural resources and the department of agriculture and land 17 16 stewardship as required by section 170.5. 17 17 Sec. 37. Section 232.71B, subsection 7A, if enacted by 17 18 2003 Iowa Acts, House File 558, section 1, is amended to read 17 19 as follows: 17 20 7A. PROTECTIVE DISCLOSURE. If the department determines 17 21 that disclosure is necessary for the protection of a child, 17 22 the department may disclose to a subject of a child abuse 17 23 report referred to in section 235A.15, subsection 2, paragraph 17 24 "a", that an individual is listed in the child or dependent 17 25 adult abuse registry or is required to register with the sex 17 26 offender registry in accordance with chapter 692A. 17 27 Sec. 38. Section 235B.3, subsection 6A, if enacted by 2003 17 28 Iowa Acts, House File 558, section 2, is amended to read as 17 29 follows: 17 30 6A. If the department determines that disclosure is 17 31 necessary for the protection of a dependent adult, the 17 32 department may disclose to a subject of a dependent adult 17 33 abuse report referred to in section 235B.6, subsection 2, 17 34 paragraph "a", that an individual is listed in the child or 17 35 dependent adult abuse registry or is required to register with 18 1 the sex offender registry in accordance with chapter 692A. 18 2 Sec. 39. Section 304B.3, subsections 4, 8, and 9, if 18 3 enacted by 2003 Iowa Acts, House File 648, section 6, are 18 4 amended to read as follows: 18 5 4. The director of revenueand finance. 18 6 8. The director of the department ofgeneral18 7 administrative services. 18 89. The director of the information technology department.18 9 Sec. 40. Section 356.7, subsection 1, as amended by 2003 18 10 Iowa Acts, House File 650, section 1, if enacted, is amended 18 11 to read as follows: 18 12 1. The county sheriff, or a municipality operating a 18 13 temporary municipal holding facility or jail, may charge a 18 14 prisoner who is eighteen years of age or older and who has 18 15 been convicted of a criminal offense or sentenced for contempt 18 16 of court for violation of a domestic abuse order for the 18 17 actual administrative costs relating to the arrest and booking 18 18 of that prisoner, and for room and board provided to the 18 19 prisoner while in the custody of the county sheriff or 18 20 municipality. Moneys collected by the sheriff or municipality 18 21 under this section shall be creditedrespectfullyrespectively 18 22 to the county general fund or the city general fund and 18 23 distributed as provided in this section. If a prisoner who 18 24 has been convicted of a criminal offense or sentenced for 18 25 contempt of court for violation of a domestic abuse order 18 26 fails to pay for the administrative costs and the room and 18 27 board, the sheriff or municipality may file a room and board 18 28 reimbursement claim with the district court as provided in 18 29 subsection 2. The county attorney may file the reimbursement 18 30 claim on behalf of the sheriff and the county or the 18 31 municipality. The attorney for the municipality may also file 18 32 a reimbursement claim on behalf of the municipality. This 18 33 section does not apply to prisoners who are paying for their 18 34 room and board by court order pursuant to sections 356.26 18 35 through 356.35. 19 1 Sec. 41. Section 459.401, subsection 2, paragraph a, 19 2 subparagraph (3A), if enacted by 2003 Iowa Acts, House File 19 3 644, section 18, is amended to read as follows: 19 4 (3A) A commercial manure service license fee as provided 19 5 in section359.316459.316. 19 6 Sec. 42. Section 505A.1, article V, section 2, paragraph 19 7 a, subparagraph (3), if enacted by 2003 Iowa Acts, House File 19 8 647, section 54, is amended to read as follows: 19 9 (3) Four members from those compacting states with less 19 10 than two percent of the market, based on the premium volume 19 11 described in subparagraph (1), with one selected from each of 19 12 the four zone regions of the national association of insurance 19 13 commissioners as provided in the bylaws. 19 14 Sec. 43. Section 508.31A, subsection 2, paragraph b, Code 19 15 2003, as amended by 2003 Iowa Acts, House File 647, section 7, 19 16 if enacted, is amended to read as follows: 19 17 b. A funding agreement issued pursuant to paragraph "a", 19 18 subparagraph (1), (2), or (3), shall be for a total amount of 19 19 not less than one million dollars. 19 20 Sec. 44. Section 692A.13, subsection 9, if enacted by 2003 19 21 Iowa Acts, House File 558, section 3, is amended to read as 19 22 follows: 19 23 9. If the department of human services determines that 19 24 disclosure is necessary for the protection of a child or a 19 25 dependent adult, the department may disclose to a subject of a 19 26 child abuse report referred to in section 235A.15, subsection 19 27 2, paragraph "a", or to a subject of a dependent adult abuse 19 28 report referred to in section 235B.6, subsection 2, paragraph 19 29 "a", that an individual is listed in the child or dependent 19 30 adult abuse registry or is required to register under this 19 31 chapter. 19 32 Sec. 45. Section 901.5, subsection 7A, paragraph d, as 19 33 enacted by 2003 Iowa Acts, House File 404, section 1, is 19 34 amended to read as follows: 19 35 d. Violation of a no-contact order issued under this 20 1 section is punishable by summary contempt proceedings. A 20 2 hearing in a contempt proceeding brought pursuant to this 20 3 subsection shall be held not less than five days and not more 20 4 than fifteen days after the issuance of a rule to show cause, 20 5 as set by the court, unless the defendant is already in 20 6 custody at the time of the alleged violation in which case the 20 7 hearing shall be held not less than five days and not more 20 8 than forty-five days after the issuance of the rule to show 20 9 cause. 20 10 Sec. 46. 2003 Iowa Acts, Senate File 155, section 26, is 20 11 repealed. 20 12 Sec. 47. 2003 Iowa Acts, Senate File 155, section 56, is 20 13 repealed. 20 14 Sec. 48. 2003 Iowa Acts, House File 601, section 2, is 20 15 amended by striking the section and inserting in lieu thereof 20 16 the following: 20 17 SEC. 2. Section 56.5, subsection 2, paragraph d, Code 20 18 2003, is amended by striking the paragraph. 20 19 Sec. 49. 2003 Iowa Acts, House File 624, section 22, if 20 20 enacted, is amended to read as follows: 20 21 SEC. 22. HUNTING PRESERVES AND GAME BREEDERS – AUTOMATIC 20 22 CERTIFICATION.AnyA fence enclosing farm deer kept on land 20 23 which is owned by a person licensed pursuant to section 484B.5 20 24 or 481A.61and which is enclosed with a fenceon the effective 20 25 date of this Act shall be deemed to comply with construction 20 26 requirements of section 170.4 and shall be automatically 20 27 certified by the department of agriculture and land 20 28 stewardship withoutsubmittingsubmission of an application. 20 29 The landowner is not required to notify the department of 20 30 natural resources concerning removal of whitetail as otherwise 20 31 required pursuant to section 170.5. 20 32 Sec. 50. 2003 Iowa Acts, House File 648, section 1, if 20 33 enacted, is repealed. 20 34 Sec. 51. CONTINGENT EFFECTIVE DATES. 20 35 1. The section of this division of this Act amending 21 1 section 8A.202, subsection 2, if enacted by 2003 Iowa Acts, 21 2 House File 534, takes effect if House File 648, relating to 21 3 the management of state archives and records, is enacted by 21 4 the Eightieth General Assembly, 2003 Regular Session. 21 5 2. The sections of this division of this Act amending 21 6 section 304B.3, if enacted by 2003 Iowa Acts, House File 648, 21 7 and repealing 2003 Iowa Acts, House File 648, section 1, if 21 8 enacted, take effect if House File 534, establishing a 21 9 department of administrative services, is enacted by the 21 10 Eightieth General Assembly, 2003 Regular Session. 21 11 3. The section of this division of this Act repealing 2003 21 12 Iowa Acts, Senate File 155, section 26, takes effect if 2003 21 13 Iowa Acts, House File 614, relating to elections, is enacted 21 14 by the Eightieth General Assembly, 2003 Regular Session. 21 15 DIVISION VII 21 16 MISCELLANEOUS PROVISIONS 21 17 Sec. 52. Section 12B.10, subsection 6, paragraph d, 21 18 subparagraph (4), Code 2003, is amended to read as follows: 21 19 (4) For investments of short-term operating funds, the 21 20 funds shall not be invested in investments having effective 21 21 maturities exceeding sixty-three months. 21 22 Sec. 53. Section 12B.10A, subsection 6, paragraph d, 21 23 subparagraph (4), Code 2003, is amended to read as follows: 21 24 (4) For investments of short-term operating funds, the 21 25 funds shall not be invested in investments having effective 21 26 maturities exceeding sixty-three months. 21 27 Sec. 54. Section 12E.12, subsection 8, Code 2003, is 21 28 amended to read as follows: 21 29 8. With respect to the payment of certain debt service, 21 30 the debt service to be paid shall be those installments of 21 31 debt service on bonds selected by the treasurer of state and 21 32 identified in the authority's tax certificate delivered at the 21 33 time of the issuance of the bonds issued pursuant to this 21 34 chapter, or as otherwise selected by the treasurer of state. 21 35 Once the bonds and the installments of debt service thereon 22 1 are so selected, that debt service and bonds shall not be 22 2 paid, or provided to be paid, from any other source including 22 3 the state or any of its departments or agencies. Provided, 22 4 however, that if funds are not appropriated to pay debt 22 5 service on such bonds when due, the issuing agency shall pay 22 6suchthe debt service from any available source as provided in 22 7 the bond covenantsfor such bonds. To the extent that this 22 8 section does not allow proceeds of previously issued refunding 22 9 bonds to be applied for the purpose of the refunding, the 22 10 issuing agency may expend such proceeds to improve, remodel, 22 11 or repair buildings or other infrastructure upon authorization 22 12 of the issuing agency's authority. 22 13 Sec. 55. Section 15E.193B, subsection 4, Code 2003, is 22 14 amended to read as follows: 22 15 4. The eligible housing business shall complete its 22 16 building or rehabilitation within two years from the time the 22 17 business begins construction on the single-family homes and 22 18 dwelling units. The failure to complete construction or 22 19 rehabilitation within two years shall result in the eligible 22 20 housing business becoming ineligible and subject to the 22 21 repayment requirements and penalties enumerated in subsection 22 22 7. The department may extend the prescribed two-year 22 23 completion period for any project which has not been completed 22 24 if the department determines that completion within the two- 22 25 year period is impossible or impractical as a result of a 22 26 substantial loss caused by flood, fire, earthquake, storm, or 22 27 other catastrophe. For purposes of this subsection, 22 28 "substantial loss" means damage or destruction in an amount in 22 29 excess of thirty percent of the project's expected eligible 22 30 basis as set forth in the eligible housing business's 22 31 application. 22 32 Sec. 56. NEW SECTION. 16.181 HOUSING TRUST FUND. 22 33 1. a. A housing trust fund is created within the 22 34 authority. The moneys in the housing trust fund are annually 22 35 appropriated to the authority to be used for the development 23 1 and preservation of affordable housing for low-income people 23 2 in the state. Payment of interest, recaptures of awards, or 23 3 other repayments to the housing trust fund shall be deposited 23 4 in the fund. Notwithstanding section 12C.7, interest or 23 5 earnings on moneys in the housing trust fund or appropriated 23 6 to the fund shall be credited to the fund. Notwithstanding 23 7 section 8.33, unencumbered and unobligated moneys remaining in 23 8 the fund at the close of each fiscal year shall not revert but 23 9 shall remain available for expenditure for the same purposes 23 10 in the succeeding fiscal year. 23 11 b. Assets in the housing trust fund shall consist of all 23 12 of the following: 23 13 (1) Any assets received by the authority from the Iowa 23 14 housing corporation. 23 15 (2) Any assets transferred by the authority for deposit in 23 16 the housing trust fund. 23 17 (3) Any other moneys appropriated by the general assembly 23 18 and any other moneys available to and obtained or accepted by 23 19 the authority for placement in the housing trust fund. 23 20 c. The authority shall create the following programs 23 21 within the housing trust fund: 23 22 (1) Local housing trust fund program. Sixty percent of 23 23 available moneys in the housing trust fund shall be allocated 23 24 for the local housing trust fund program. Any moneys 23 25 remaining in the local housing trust fund program on April 1 23 26 of each fiscal year which have not been awarded to a local 23 27 housing trust fund may be transferred to the project-based 23 28 housing program at any time prior to the end of the fiscal 23 29 year. 23 30 (2) Project-based housing program. Forty percent of the 23 31 available moneys in the housing trust fund shall be allocated 23 32 to the project-based housing program. 23 33 2. a. In order to be eligible to apply for funding from 23 34 the local housing trust fund program, a local housing trust 23 35 fund must be approved by the authority and have all of the 24 1 following: 24 2 (1) A local governing board recognized by the city, 24 3 county, council of governments, or regional officials as the 24 4 board responsible for coordinating local housing programs. 24 5 (2) A housing assistance plan approved by the authority. 24 6 (3) Sufficient administrative capacity in regard to 24 7 housing programs. 24 8 (4) A local match requirement approved by the authority. 24 9 b. An award from the local housing trust fund program 24 10 shall not exceed ten percent of the balance in the program at 24 11 the beginning of the fiscal year plus ten percent of any 24 12 deposits made during the fiscal year. 24 13 c. By December 31 of each year, a local housing trust fund 24 14 receiving moneys from the local housing trust fund program 24 15 shall submit a report to the authority itemizing expenditures 24 16 of the awarded moneys. 24 17 3. In an area where no local housing trust fund exists, a 24 18 person may apply for moneys from the project-based housing 24 19 program. 24 20 4. The authority shall adopt rules pursuant to chapter 17A 24 21 necessary to administer this section. 24 22 Sec. 57. Section 25.1, Code 2003, is amended by adding the 24 23 following new subsection: 24 24 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2, 24 25 and section 25.2, the state appeal board shall not consider 24 26 claims for refund of the unused portion of vehicle 24 27 registration fees collected under section 321.105. 24 28 Sec. 58. Section 28.9, subsection 2, Code 2003, is amended 24 29 to read as follows: 24 30 2. a. A school ready children grants account is created 24 31 in the Iowa empowerment fund under the authority of the 24 32 director of the department of education. Moneys credited to 24 33 the account shall be distributed by the department of 24 34 education in the form of grants to community empowerment areas 24 35 pursuant to criteria established by the Iowa board in 25 1 accordance with law. 25 2 b. The distribution formula utilized by the Iowa board for 25 3 school ready children grants in the fiscal year beginning July 25 4 1, 2004, and for each succeeding fiscal year, shall 25 5 specifically incorporate the following components: 25 6 (1) A minimum statewide performance baseline shall be 25 7 established for the core indicators of performance identified 25 8 pursuant to section 28.8, subsection 1, paragraph "a". 25 9 (2) A community empowerment area must maintain its 25 10 designated status in good standing and must have received 25 11 continued approval of its school ready children grant plan. 25 12 (3) The community empowerment area must identify how the 25 13 core indicators of performance will be addressed by the area 25 14 and select two or more of the core indicators that will 25 15 achieve a minimum percentage of improvement identified by the 25 16 area, subject to approval by the Iowa board. The community 25 17 empowerment area's data for the calendar year preceding the 25 18 year in which the area initially received a school ready 25 19 children grant shall be used as the area's baseline year. 25 20 (4) If an area achieves the identified percentage level of 25 21 improvement in the preceding calendar year, the area's minimum 25 22 grant amount shall be the annualized grant amount received in 25 23 the area's initial year of funding. The Iowa board may 25 24 implement provisions for averaging the performance levels over 25 25 two or more years and other approaches to apply the 25 26 requirements of this paragraph "b" in an equitable manner. 25 27 (5) If an area does not achieve the identified percentage 25 28 level of improvement in the preceding calendar year, the area 25 29 shall receive a reduction from the area's minimum grant 25 30 amount. If the identified percentage level of improvement is 25 31 achieved in the next succeeding calendar year, the area's 25 32 minimum grant amount shall be restored. 25 33 Sec. 59. Section 29C.8, subsection 3, Code 2003, is 25 34 amended by adding the following new paragraphs: 25 35 NEW PARAGRAPH. f. (1) Approve and support the 26 1 development and ongoing operations of an urban search and 26 2 rescue team to be deployed as a resource to supplement and 26 3 enhance emergency and disaster operations. 26 4 (2) A member of an urban search and rescue team acting 26 5 under the authority of the administrator or pursuant to a 26 6 governor's disaster proclamation as provided in section 29C.6 26 7 shall be considered an employee of the state under chapter 669 26 8 and shall be afforded protection as an employee of the state 26 9 under section 669.21. Disability, workers' compensation, and 26 10 death benefits for team members working under the authority of 26 11 the administrator or pursuant to the provisions of section 26 12 29C.6 shall be paid by the state in a manner consistent with 26 13 the provisions of chapter 85, 410, or 411 as appropriate, 26 14 depending on the status of the member. 26 15 NEW PARAGRAPH. g. Develop, implement, and support a 26 16 uniform incident command system to be used by state agencies 26 17 to facilitate efficient and effective assistance to those 26 18 affected by emergencies and disasters. This system shall be 26 19 consistent with the requirements of the United States 26 20 occupational safety and health administration and a national 26 21 incident management system. 26 22 Sec. 60. Section 29C.20, subsection 1, Code 2003, is 26 23 amended to read as follows: 26 24 1. a. A contingent fund is created in the state treasury 26 25 for the use of the executive council which may be expended for 26 26 thepurpose of payingfollowing purposes: 26 27 (1) Paying the expenses of suppressing an insurrection or 26 28 riot, actual or threatened, when state aid has been rendered 26 29 by order of the governor, and for repairing,. 26 30 (2) Repairing, rebuilding, or restoring state property 26 31 injured, destroyed, or lost by fire, storm, theft, or 26 32 unavoidable cause, and for repairing,. 26 33 (3) Repairing, rebuilding, or restoring state property 26 34whichthat is fiberoptic cable andwhichthat is injured or 26 35 destroyed by a wild animal, and for aid to. 27 1 (4) Paying the expenses incurred by and claims of an urban 27 2 search and rescue team when acting under the authority of the 27 3 administrator and the provisions of section 29C.6. 27 4 (5) (a) Aiding any governmental subdivision in an area 27 5 declared by the governor to be a disaster area due to natural 27 6 disasters or to expenditures necessitated by the governmental 27 7 subdivision toward averting or lessening the impact of the 27 8 potential disaster, where the effect of the disaster or action 27 9 on the governmental subdivision is the immediate financial 27 10 inability to meet the continuing requirements of local 27 11 government. 27 12 (b) Upon application by a governmental subdivision in such 27 13 an area, accompanied by a showing of obligations and 27 14 expenditures necessitated by an actual or potential disaster 27 15 in a form and with further information the executive council 27 16 requires, the aid may be made in the discretion of the 27 17 executive council and, if made, shall be in the nature of a 27 18 loan up to a limit of seventy-five percent of the showing of 27 19 obligations and expenditures. The loan, without interest, 27 20 shall be repaid by the maximum annual emergency levy 27 21 authorized by section 24.6, or by the appropriate levy 27 22 authorized for a governmental subdivision not covered by 27 23 section 24.6. The aggregate total of loans shall not exceed 27 24 one million dollars during a fiscal year. A loan shall not be 27 25 for an obligation or expenditure occurring more than two years 27 26 previous to the application. 27 27 b. When a state department or agency requests that moneys 27 28 from the contingent fund be expended to repair, rebuild, or 27 29 restore state property injured, destroyed, or lost by fire, 27 30 storm, theft, or unavoidable cause, or to repair, rebuild, or 27 31 restore state propertywhichthat is fiberoptic cable and 27 32whichthat is injured or destroyed by a wild animal, or for 27 33 payment of the expenses incurred by and claims of an urban 27 34 search and rescue team when acting under the authority of the 27 35 administrator and the provisions of section 29C.6, the 28 1 executive council shall consider the original source of the 28 2 funds for acquisition of the property before authorizing the 28 3 expenditure. If the original source was other than the 28 4 general fund of the state, the department or agency shall be 28 5 directed to utilize moneys from the original source if 28 6 possible. The executive council shall not authorize the 28 7 repairing, rebuilding, or restoring of the property from the 28 8 disaster aid contingent fund if it determines that moneys from 28 9 the original source are available to finance the project. 28 10 Sec. 61. Section 99G.40, subsection 1, paragraph a, if 28 11 enacted by 2003 Iowa Acts, Senate File 453, is amended to read 28 12 as follows: 28 13 a. Submit quarterly and annual reports to the governor, 28 14 state auditor, and the general assembly disclosing the total 28 15 lottery revenues, prize disbursements, and other expenses of 28 16 the authority during the reporting period. The fourth quarter 28 17 report shall be included in the annual report made pursuant to 28 18 this section. The annual report shall include a complete 28 19 statement of lottery revenues, prize disbursements, and other 28 20 expenses, and recommendations for changes in the law that the 28 21 chief executive officer deems necessary or desirable. The 28 22 annual report shall be submitted within one hundred twenty 28 23 days after the close of the fiscal year. The chief executive 28 24 officer shall report immediately to the governor, the 28 25 treasurer of state, and the general assembly any matters that 28 26 require immediate changes in the law in order to prevent 28 27 abuses or evasions of this chapter or rules adopted or to 28 28 rectify undesirable conditions in connection with the 28 29 administration or operation of the lottery. The auditor of 28 30 state and the auditor's legally authorized representatives may 28 31 periodically examine the accounts and books of the authority, 28 32 including its revenues, disbursements, contracts, leases, 28 33 investments, and other records and papers relating to its 28 34 financial standing. 28 35 Sec. 62. Section 260C.14, Code 2003, is amended by adding 29 1 the following new subsection: 29 2 NEW SUBSECTION. 20. Adopt a policy to offer not less than 29 3 the following options to a student who is a member of the Iowa 29 4 national guard or reserve forces of the United States and who 29 5 is ordered to active state service or federal service or duty: 29 6 a. Withdraw from the student's entire registration and 29 7 receive a full refund of tuition and mandatory fees. 29 8 b. Make arrangements with the student's instructors for 29 9 course grades, or for incompletes that shall be completed by 29 10 the student at a later date. If such arrangements are made, 29 11 the student's registration shall remain intact and tuition and 29 12 mandatory fees shall be assessed for the courses in full. 29 13 c. Make arrangements with only some of the student's 29 14 instructors for course grades, or for incompletes that shall 29 15 be completed by the student at a later date. If such 29 16 arrangements are made, the registration for those courses 29 17 shall remain intact and tuition and mandatory fees shall be 29 18 assessed for those courses. Any course for which arrangements 29 19 cannot be made for grades or incompletes shall be considered 29 20 dropped and the tuition and mandatory fees for the course 29 21 refunded. 29 22 Sec. 63. Section 261.9, subsection 1, unnumbered paragraph 29 23 1, Code 2003, is amended to read as follows: 29 24 "Accredited private institution" means an institution of 29 25 higher learning located in Iowa which is operated privately 29 26 and not controlled or administered by any state agency or any 29 27 subdivision of the state, except for county hospitals as 29 28 provided in paragraph "c" of this subsection, and which meets 29 29 at least one of the criteria in paragraphs "a" through "c" and 29 30 all of the criteria in paragraphs "d" through"f""g": 29 31 Sec. 64. Section 261.9, subsection 1, Code 2003, is 29 32 amended by adding the following new paragraph: 29 33 NEW PARAGRAPH. g. Adopts a policy to offer not less than 29 34 the following options to a student who is a member of the Iowa 29 35 national guard or reserve forces of the United States and who 30 1 is ordered to active state service or federal service or duty: 30 2 (1) Withdraw from the student's entire registration and 30 3 receive a full refund of tuition and mandatory fees. 30 4 (2) Make arrangements with the student's instructors for 30 5 course grades, or for incompletes that shall be completed by 30 6 the student at a later date. If such arrangements are made, 30 7 the student's registration shall remain intact and tuition and 30 8 mandatory fees shall be assessed for the courses in full. 30 9 (3) Make arrangements with only some of the student's 30 10 instructors for grades, or for incompletes that shall be 30 11 completed by the student at a later date. If such 30 12 arrangements are made, the registration for those courses 30 13 shall remain intact and tuition and mandatory fees shall be 30 14 assessed for those courses. Any course for which arrangements 30 15 cannot be made for grades or incompletes shall be considered 30 16 dropped and the tuition and mandatory fees for the course 30 17 refunded. 30 18 Sec. 65. Section 262.9, Code 2003, is amended by adding 30 19 the following new subsection: 30 20 NEW SUBSECTION. 29. Direct the institutions of higher 30 21 education under its control to adopt a policy to offer not 30 22 less than the following options to a student who is a member 30 23 of the Iowa national guard or reserve forces of the United 30 24 States and who is ordered to active state service or federal 30 25 service or duty: 30 26 a. Withdraw from the student's entire registration and 30 27 receive a full refund of tuition and mandatory fees. 30 28 b. Make arrangements with the student's instructors for 30 29 course grades, or for incompletes that shall be completed by 30 30 the student at a later date. If such arrangements are made, 30 31 the student's registration shall remain intact and tuition and 30 32 mandatory fees shall be assessed for the courses in full. 30 33 c. Make arrangements with only some of the student's 30 34 instructors for grades, or for incompletes that shall be 30 35 completed by the student at a later date. If such 31 1 arrangements are made, the registration for those courses 31 2 shall remain intact and tuition and mandatory fees shall be 31 3 assessed for those courses. Any course for which arrangements 31 4 cannot be made for grades or incompletes shall be considered 31 5 dropped and the tuition and mandatory fees for the course 31 6 refunded. 31 7 Sec. 66. Section 284.13, subsection 1, paragraph a, Code 31 8 2003, is amended to read as follows: 31 9 a. For each fiscal year in the fiscalyearperiod 31 10 beginning July 1,20012003, and ending June 30,20022005, 31 11 the department shall reserve up toone millionfive hundred 31 12 thousand dollars of any moneys appropriated for purposes of 31 13 this chapter. For each fiscal year in which moneys are 31 14 appropriated by the general assembly for purposes of team- 31 15 based variable pay pursuant to section 284.11, the amount of 31 16 moneys allocated to school districts shall be in the 31 17 proportion that the basic enrollment of a school district 31 18 bears to the sum of the basic enrollments of all participating 31 19 school districts for the budget year. However, the per pupil 31 20 amount distributed to a school district under the pilot 31 21 program shall not exceed one hundred dollars. 31 22 Sec. 67. Section 294A.25, subsections 6 and 10, Code 2003, 31 23 are amended by striking the subsections. 31 24 Sec. 68. Section 294A.25, subsections 7, 8, and 9, Code 31 25 2003, are amended to read as follows: 31 26 7.ForExcept as otherwise provided in this section, for 31 27 the fiscal year beginning July 1,19902003, and succeeding 31 28 fiscal years, the remainder of moneys appropriated in 31 29 subsection 1 to the department of education shall be deposited 31 30 in the educational excellence fund to be allocated in an 31 31 amount to meet theminimum salaryrequirements of this chapter 31 32 for phase I, in an amount to meet the requirements forand 31 33 phase II, and the remainder of the appropriation for phase31 34III. 31 35 8. Commencing with the fiscal year beginning July 1,199732 1 2003, the amount of two hundred thirty thousand dollars for a 32 2 kindergarten to grade twelve management information system 32 3from additional funds transferred from phase I to phase III. 32 4 9. For the fiscal year beginning July 1,20002003, and 32 5 for each succeeding fiscal year, the amount of one hundred 32 6 seventy thousand dollars to the state board of regents for 32 7 distribution in the amount of sixty-eight thousand dollars to 32 8 the Iowa braille and sight saving school and in the amount of 32 9 one hundred two thousand dollars to the Iowa state school for 32 10 the deaffrom phase III moneys. 32 11 Sec. 69. Section 321J.2, subsection 2, paragraph a, 32 12 subparagraph (3), subparagraph subdivisions (a) and (b), as 32 13 enacted by 2003 Iowa Acts, House File 65, section 2, are 32 14 amended to read as follows: 32 15 (a) A defendant whose alcohol concentration is .08 or more 32 16 but not more than .10 shall not be eligible for any temporary 32 17 restricted license for at least thirty days if a test was 32 18 obtained and an accident resulting in personal injury or 32 19 property damage occurred. The defendant shall be ordered to 32 20 install an ignition interlock device of a type approved by the 32 21 commissioner of public safety on all vehicles owned or 32 22 operated by the defendant if the defendant seeks a temporary 32 23 restricted license. There shall be no such period of 32 24 ineligibility if no such accident occurred, and the defendant 32 25 shall not be ordered to install an ignition interlock device. 32 26 (b) A defendant whose alcohol concentration is more than 32 27 .10 shall not be eligible for any temporary restricted license 32 28 for at least thirty days if a test was obtained, and an 32 29 accident resulting in personal injury or property damage 32 30 occurred or the defendant's alcohol concentration exceeded 32 31 .15. There shall be no such period of ineligibility if no 32 32 such accident occurred and the defendant's alcohol 32 33 concentration did not exceed .15. In either case, where a 32 34 defendant's alcohol concentration is more than .10, the 32 35 defendant shall be ordered to install an ignition interlock 33 1 device of a type approved by the commissioner of public safety 33 2 on all vehicles owned or operated by the defendant if the 33 3 defendant seeks a temporary restricted license. 33 4 Sec. 70. Section 321J.4, subsection 1, paragraphs a and b, 33 5 as enacted by 2003 Iowa Acts, House File 65, section 3, are 33 6 amended to read as follows: 33 7 a. A defendant whose alcohol concentration is .08 or more 33 8 but not more than .10 shall not be eligible for any temporary 33 9 restricted license for at least thirty days if a test was 33 10 obtained and an accident resulting in personal injury or 33 11 property damage occurred. The defendant shall be ordered to 33 12 install an ignition interlock device of a type approved by the 33 13 commissioner of public safety on all vehicles owned or 33 14 operated by the defendant if the defendant seeks a temporary 33 15 restricted license. There shall be no such period of 33 16 ineligibility if no such accident occurred, and the defendant 33 17 shall not be ordered to install an ignition interlock device. 33 18 b. A defendant whose alcohol concentration is more than 33 19 .10 shall not be eligible for any temporary restricted license 33 20 for at least thirty days if a test was obtained, and an 33 21 accident resulting in personal injury or property damage 33 22 occurred or the defendant's alcohol concentration exceeded 33 23 .15. There shall be no such period of ineligibility if no 33 24 such accident occurred and the defendant's alcohol 33 25 concentration did not exceed .15. In either case, where a 33 26 defendant's alcohol concentration is more than .10, the 33 27 defendant shall be ordered to install an ignition interlock 33 28 device of a type approved by the commissioner of public safety 33 29 on all vehicles owned or operated by the defendant if the 33 30 defendant seeks a temporary restricted license. 33 31 Sec. 71. Section 321J.4, subsection 3, paragraphs a and b, 33 32 as enacted by 2003 Iowa Acts, House File 65, section 3, are 33 33 amended to read as follows: 33 34 a. A defendant whose alcohol concentration is .08 or more 33 35 but not more than .10 shall not be eligible for any temporary 34 1 restricted license for at least thirty days if a test was 34 2 obtained and an accident resulting in personal injury or 34 3 property damage occurred. The defendant shall be ordered to 34 4 install an ignition interlock device of a type approved by the 34 5 commissioner of public safety on all vehicles owned or 34 6 operated by the defendant if the defendant seeks a temporary 34 7 restricted license. There shall be no such period of 34 8 ineligibility if no such accident occurred, and the defendant 34 9 shall not be ordered to install an ignition interlock device. 34 10 b. A defendant whose alcohol concentration is more than 34 11 .10 shall not be eligible for any temporary restricted license 34 12 for at least thirty days if a test was obtained, and an 34 13 accident resulting in personal injury or property damage 34 14 occurred or the defendant's alcohol concentration exceeded 34 15 .15. There shall be no such period of ineligibility if no 34 16 such accident occurred and the defendant's alcohol 34 17 concentration did not exceed .15. In either case, where a 34 18 defendant's alcohol concentration is more than .10, the 34 19 defendant shall be ordered to install an ignition interlock 34 20 device of a type approved by the commissioner of public safety 34 21 on all vehicles owned or operated by the defendant if the 34 22 defendant seeks a temporary restricted license. 34 23 Sec. 72. Section 321J.12, subsection 2, paragraphs a and 34 24 b, as enacted by 2003 Iowa Acts, House File 65, section 5, are 34 25 amended to read as follows: 34 26 a. A person whose driver's license or nonresident 34 27 operating privileges have been revoked under subsection 1, 34 28 paragraph "a", whose alcohol concentration is .08 or more but 34 29 not more than .10 shall not be eligible for any temporary 34 30 restricted license for at least thirty days after the 34 31 effective date of the revocation if a test was obtained and an 34 32 accident resulting in personal injury or property damage 34 33 occurred. The defendant shall be ordered to install an 34 34 ignition interlock device of a type approved by the 34 35 commissioner of public safety on all vehicles owned or 35 1 operated by the defendant if the defendant seeks a temporary 35 2 license. There shall be no such period of ineligibility if no 35 3 such accident occurred, and the defendant shall not be ordered 35 4 to install an ignition interlock device. 35 5 b. A defendant whose alcohol concentration is more than 35 6 .10 shall not be eligible for any temporary restricted license 35 7 for at least thirty days if a test was obtained, and an 35 8 accident resulting in personal injury or property damage 35 9 occurred or the defendant's alcohol concentration exceeded 35 10 .15. There shall be no such period of ineligibility if no 35 11 such accident occurred and the defendant's alcohol 35 12 concentration did not exceed .15. In either case, where a 35 13 defendant's alcohol concentration is more than .10, the 35 14 defendant shall be ordered to install an ignition interlock 35 15 device of a type approved by the commissioner of public safety 35 16 on all vehicles owned or operated by the defendant if the 35 17 defendant seeks a temporary restricted license. 35 18 Sec. 73. Section 331.605C, subsection 4, if enacted by 35 19 2003 Iowa Acts, Senate File 453, is amended to read as 35 20 follows: 35 21 4. Thestatelocal electronic governmentelectronic35 22 transaction fund is established in the office of the treasurer 35 23 of state under the control of the treasurer of state. Moneys 35 24 deposited into the fund are not subject to section 8.33. 35 25 Notwithstanding section 12C.7, interest or earnings on moneys 35 26 in thestatelocal electronic governmentelectronic35 27 transaction fund shall be credited to the fund. Moneys in the 35 28statelocal electronic governmentelectronictransaction fund 35 29 are not subject to transfer, appropriation, or reversion to 35 30 any other fund, or any other use except as provided in this 35 31 subsection. The treasurer of state shall enter into a 35 32 contract with the Iowa state association of counties affiliate 35 33 representing county recorders to develop, implement, and 35 34 maintain a statewide internet website for purposes of 35 35 providing electronic access to records and information 36 1 recorded or filed by county recorders. On a monthly basis, 36 2 the county treasurer shall pay one dollar of each fee 36 3 collected pursuant to subsection 1 to the treasurer of state 36 4 for deposit into thestatelocal electronic government 36 5electronictransaction fund. Moneys credited to thestate36 6 local electronic governmentelectronictransaction fund are 36 7 appropriated to the treasurer of state to be used for contract 36 8 costs. This subsection is repealed June 30, 2004. 36 9 Sec. 74. Section 422.45, Code 2003, is amended by adding 36 10 the following new subsection: 36 11 NEW SUBSECTION. 64. The gross receipts from noncustomer 36 12 point of sale or noncustomer automated teller machine access 36 13 or service charges assessed by a financial institution. For 36 14 purposes of this subsection, "financial institution" means the 36 15 same as defined in section 527.2. 36 16 Sec. 75. Section 435.26A, subsections 2 and 5, as enacted 36 17 by 2003 Iowa Acts, Senate File 134, section 7, are amended to 36 18 read as follows: 36 19 2. Upon receipt of a certificate of title from a 36 20 manufactured home owner, a county treasurer shall notify the 36 21 department of transportation that the certificate of title has 36 22 been surrendered, remove the registration of title from the 36 23 county treasurer's records, and destroy the certificate of 36 24 title. 36 25 The manufactured home owner or the owner's representative 36 26 shall provide to the county recorder the identifying data of 36 27 the manufactured home, including the owner's name, the name of 36 28 the manufacturer, the model name, the year of manufacture, and 36 29 the serial number of the home, along with the legal 36 30 description of the real estate on which the manufactured home 36 31 is located. In addition, evidence shall be provided of the 36 32 surrender of the certificate of title. After the surrender of 36 33 the certificate of title of a manufactured home under this 36 34 section, conveyance of an interest in the manufactured home 36 35 shall not require transfer of title so long as the 37 1 manufactured home remains on the same real estate site. 37 2 5. An owner of a manufactured home who has surrendered a 37 3 certificate of title under this section and requires another 37 4 certificate of title for the manufactured home is required to 37 5 apply for a bonded certificate of title under chapter 321. If 37 6 supporting documents for the reissuance of a title are not 37 7 available or sufficient, the procedure for the reissuance of a 37 8 title specified in the rules of the department of 37 9 transportation shall be used. 37 10 Sec. 76. Section 453A.2, Code 2003, is amended by adding 37 11 the following new subsection: 37 12 NEW SUBSECTION. 5B. A tobacco compliance employee 37 13 training fund is created in the office of the treasurer of 37 14 state. The fund shall consist of civil penalties assessed by 37 15 the Iowa department of public health under section 453A.22, 37 16 for violations of this section. Moneys in the fund are 37 17 appropriated to the alcoholic beverages division of the 37 18 department of commerce and shall be used to develop and 37 19 administer the tobacco compliance employee training program 37 20 under section 453A.2A. Moneys deposited in the fund shall not 37 21 be transferred, used, obligated, appropriated, or otherwise 37 22 encumbered except as provided in this subsection. 37 23 Sec. 77. Section 453C.1, subsection 10, Code 2003, is 37 24 amended to read as follows: 37 25 10. "Units sold" means the number of individual cigarettes 37 26 sold in the state by the applicable tobacco product 37 27 manufacturer, whether directly or through a distributor, 37 28 retailer, or similar intermediary or intermediaries, during 37 29 the year in question, as measured by excise taxes collected by 37 30 the state on packs or roll-your-own tobacco containersbearing37 31the excise tax stamp of the state. The department of revenue 37 32 and finance shall adopt rules as are necessary to ascertain 37 33 the amount of state excise tax paid on the cigarettes of such 37 34 tobacco product manufacturer for each year. 37 35 Sec. 78. Section 453C.2, subsection 2, paragraph b, 38 1 subparagraph (2), Code 2003, is amended to read as follows: 38 2 (2) To the extent that a tobacco product manufacturer 38 3 establishes that the amount the manufacturer was required to 38 4 place into escrow on account of units sold in the state in a 38 5 particular year was greater thanthe state's allocable share38 6of the total payments that such manufacturer would have been38 7required to make in that year under the master settlement38 8agreementthe master settlement agreement payments, as 38 9 determined pursuant to section IX(i) of that agreement 38 10 including after final determination of all adjustments, that 38 11 such manufacturer would have been required to make on account 38 12 of such units sold had such manufacturer been a participating 38 13 manufacturer,as such payments are determined pursuant to38 14section IX(i)(2) of the master settlement agreement and before38 15any of the adjustments or offsets described in section38 16IX(i)(3) of that agreement other than the inflation38 17adjustment,the excess shall be released from escrow and 38 18 revert back to such tobacco product manufacturer. 38 19 Sec. 79. Section 455D.9, Code 2003, is amended by adding 38 20 the following new subsection: 38 21 NEW SUBSECTION. 1A. Yard waste may be accepted by a 38 22 sanitary landfill for land disposal if the sanitary landfill 38 23 operates an active methane collection system for the purpose 38 24 of producing electricity. For purposes of calculating the 38 25 waste stream and determining the attainment of the waste 38 26 stream reductions under section 455D.3 for a year in which 38 27 yard waste has been accepted for land disposal pursuant to 38 28 this subsection, the planning area shall estimate the amount 38 29 of tonnage attributable to yard waste and the estimated amount 38 30 shall be subtracted from the tonnage accepted by the planning 38 31 area during that year. 38 32 Sec. 80. Section 476.33, Code 2003, is amended by adding 38 33 the following new subsection: 38 34 NEW SUBSECTION. 5. a. The board shall adopt rules that 38 35 require the board, in a rate regulatory proceeding under 39 1 sections 476.3 and 476.6, to consider both of the following 39 2 for inclusion in rates: 39 3 (1) Capital infrastructure investments that will not 39 4 produce significant additional revenues and will be in service 39 5 in Iowa within nine months after the conclusion of the test 39 6 year. 39 7 (2) Cost of capital changes that will occur within nine 39 8 months after the conclusion of the test year that are 39 9 associated with a new generating plant that has been the 39 10 subject of a ratemaking principles proceeding pursuant to 39 11 section 476.53. 39 12 b. This subsection is repealed effective July 1, 2007. 39 13 However, any utilities board proceeding that is pending on 39 14 July 1, 2007, that is being conducted pursuant to section 39 15 476.3 or 476.6 shall be completed as if this section had not 39 16 been repealed. Upon repeal, the board may still consider the 39 17 adjustments addressed in this subsection, but shall not be 39 18 required to consider them. 39 19 Sec. 81. 2003 Iowa Acts, Senate File 453, section 49, 39 20 subsection 1, unnumbered paragraph 1, if enacted, is amended 39 21 to read as follows: 39 22 The department of human services shall establish a work 39 23 group in cooperation with representatives of the insurance 39 24 industry and members of the medical assistance advisory 39 25 council to develop a plan for the redesign of the medical 39 26 assistance program. In developing the redesign plan, the work 39 27 group shall consider all of the following: 39 28 Sec. 82. Sections 266.8, 266.24, 266.25, and 266.26, Code 39 29 2003, are repealed. 39 30 Sec. 83. REPORT ON FEDERAL ELECTION LAW IMPLEMENTATION. 39 31 The state committee, if formed, shall develop a plan for 39 32 compliance with the federal Help America Vote Act, Pub. L. No. 39 33 107-252, and the state committee, in conjunction with the 39 34 state commissioner of elections, shall provide quarterly 39 35 updates to the Senate and House of Representatives standing 40 1 committees on government oversight on the status of the 40 2 implementation of Pub. L. No. 107-252. 40 3 Sec. 84. SALE OF DEPARTMENT OF CORRECTIONS' REAL PROPERTY. 40 4 1. Immediately after the effective date of this section, 40 5 the department of corrections shall develop a plan to sell, at 40 6 market value, the twenty-acre tract of undeveloped land 40 7 adjacent to the Iowa correctional institution for women to any 40 8 municipality with a population of less than twenty thousand 40 9 persons. The plan shall include the sale of the tract of land 40 10 within a commercially reasonable time. The sale shall be 40 11 negotiated by the department and shall be handled in a manner 40 12 that is financially beneficial to the department. The 40 13 department shall as a condition of the sale to the 40 14 municipality require that the land not be sold by the 40 15 municipality for a period of ninety-nine years unless the land 40 16 is resold back to the state. Appraisals conducted by the 40 17 department of the value of the land shall be made available to 40 18 the public immediately following the sale of the tract of 40 19 land. If the department is unable to negotiate a financially 40 20 beneficial sale, the tract of land shall not be sold, and the 40 21 department shall provide the legislative fiscal bureau with 40 22 the reasons the sale did not occur. 40 23 2. The proceeds from the sale of the property as provided 40 24 in subsection 1 shall be retained by the department of 40 25 corrections to be used for correctional facilities. The costs 40 26 incident to the sale of the tract of land including, but not 40 27 limited to, appraisals, invitations for offers, abstracts, and 40 28 other necessary costs, may be paid from the proceeds of the 40 29 sale or from moneys appropriated for support and maintenance 40 30 to the institution at which the real estate is located. 40 31 3. The provisions of section 904.317 shall not apply to 40 32 the sale of the tract of land sold in accordance with this 40 33 section. 40 34 Sec. 85. SALES AND USE TAX REFUND. 40 35 1. Notwithstanding the one-year application period 41 1 provided for in section 422.45, subsection 7, paragraph "b", 41 2 an application by a city with a population between 550 and 625 41 3 located entirely in a county with a population between 39,750 41 4 and 41,750 for a refund of sales, services, or use tax paid 41 5 upon any goods, wares, or merchandise, or services rendered, 41 6 furnished, or performed and used in the performance of 41 7 contracts involving a street construction project and a sewer 41 8 project is considered timely filed under section 422.45, 41 9 subsection 7, if the application for refund is filed with the 41 10 department of revenue and finance on or before August 1, 2003. 41 11 2. Notwithstanding the amount applied for under subsection 41 12 1, the amount of a refund paid under this section shall not 41 13 exceed $15,000. 41 14 Sec. 86. SCHOOL DISTRICT REIMBURSEMENT CLAIM. 41 15 1. Any school district located in a county with a 41 16 population between 11,550 and 12,000 is authorized to refile a 41 17 claim for state reimbursement of the costs of providing 41 18 vocational education programs at the secondary level in its 41 19 district notwithstanding the denial of its previously filed 41 20 claim with the state appeal board if the claim is filed by 41 21 October 1, 2003. Such claim shall be considered timely filed 41 22 notwithstanding any provision of law. 41 23 2. If the claim filed pursuant to subsection 1 is a valid 41 24 claim for state reimbursement, the claim shall be paid subject 41 25 to the following: 41 26 a. The amount of costs reimbursed shall not exceed 6.5 41 27 percent. 41 28 b. Any amount reimbursed pursuant to any previously filed 41 29 claim relating to the same costs shall not be included. 41 30 c. The total amount reimbursed under this section shall 41 31 not exceed $6,000. 41 32 Sec. 87. COORDINATION OF PUBLIC TRANSPORTATION STUDY. The 41 33 state department of transportation shall conduct a study and 41 34 prepare a report pertaining to administrative efficiencies 41 35 that may be gained by the coordination of transit management 42 1 and maintenance systems in the areas of school transportation, 42 2 public transit, and other forms of public transportation. The 42 3 report shall be provided to the general assembly by December 42 4 31, 2003. 42 5 Sec. 88. SUPPLEMENTAL PAYMENT ADJUSTMENTS FOR PHYSICIAN 42 6 SERVICES. To the extent that, pursuant to law enacted by the 42 7 Eightieth General Assembly, 2003 Session, supplemental payment 42 8 adjustments are implemented for physician services provided to 42 9 medical assistance program participants at publicly owned 42 10 acute care hospitals, the department of human services shall 42 11 not, directly or indirectly, recoup the supplemental payment 42 12 adjustments for any reason, unless an amount equivalent to the 42 13 amount of adjustment funds that were transferred to the 42 14 department by the state university of Iowa college of medicine 42 15 is transferred by the department to the qualifying physicians. 42 16 Sec. 89. UTILITIES BOARD REVIEW. The utilities board 42 17 shall initiate and coordinate a review of current ratemaking 42 18 procedures to determine whether different procedures would be 42 19 cost-effective and would result in rates that more accurately 42 20 reflect a utility's cost of providing service to its customers 42 21 in Iowa. The board shall allow the consumer advocate division 42 22 of the department of justice, the rate-regulated utilities, 42 23 and other interested persons to participate in its review. 42 24 The board shall report the results of its review to the 42 25 general assembly, with recommendations as appropriate, on or 42 26 before January 5, 2004. 42 27 Sec. 90. SEVERABILITY. 42 28 1. If this entire Act or any portion of section 453C.2, 42 29 subsection 2, paragraph "b", subparagraph (2), as amended in 42 30 this Act, is held by a court of competent jurisdiction to be 42 31 unconstitutional, section 453C.2, subsection 2, paragraph "b", 42 32 subparagraph (2), is repealed in its entirety. 42 33 2. If section 453C.2, subsection 2, paragraph "b", 42 34 subparagraph (2), is repealed pursuant to subsection 1 and a 42 35 court of competent jurisdiction subsequently finds that 43 1 section 453C.2, subsection 2, paragraph "b", is 43 2 unconstitutional due to such repeal, section 453C.2, 43 3 subsection 2, paragraph "b", subparagraph (2), Code 2003, 43 4 shall be restored. 43 5 3. Any holding of unconstitutionality or any repeal of 43 6 section 453C.2, subsection 2, paragraph "b", subparagraph (2), 43 7 as amended in this Act, or of section 453C.2, subsection 2, 43 8 paragraph "b", subparagraph (2), Code 2003, shall not affect, 43 9 impair, or invalidate any other portion of section 453C.2 or 43 10 the application of that section to any other person or 43 11 circumstance, and the remaining portions of section 453C.2, 43 12 shall continue in full force and effect. 43 13 Sec. 91. FEDERAL HOUSING MONEYS. Any federal moneys 43 14 received by the department of economic development for the 43 15 community development block grant program that are allocated 43 16 for housing and any federal moneys received for the HOME 43 17 investment partnership program shall be coordinated with 43 18 projects within the housing trust fund established in section 43 19 16.181, if enacted. 43 20 Sec. 92. CODE EDITOR DIRECTIVE. The Code editor shall 43 21 change the name of the department of public defense, emergency 43 22 management division, to the department of public defense, 43 23 homeland security and emergency management division, in 43 24 chapter 29C and elsewhere throughout the Code, including 43 25 references to the division made in law enacted by the 43 26 Eightieth General Assembly, 2003 Regular Session and other 43 27 enactments. 43 28 Sec. 93. EFFECTIVE DATES. The following provisions of 43 29 this division of this Act, being deemed of immediate 43 30 importance, take effect upon enactment: 43 31 1. The amendment to section 12E.12. 43 32 2. The amendment to section 15E.193B. 43 33 3. The amendment to section 435.26A. 43 34 4. The amendment to section 453A.2, which shall only take 43 35 effect if 2003 Iowa Acts, Senate File 401, is enacted by the 44 1 Eightieth General Assembly, 2003 Regular Session. 44 2 5. The amendments to sections 453C.1 and 453C.2 and the 44 3 related severability provision. 44 4 6. The section directing the department of corrections to 44 5 develop a plan for selling certain land. 44 6 7. The section relating to the sales and use tax refund. 44 7 8. The section relating to the school district 44 8 reimbursement claim. 44 9 Section 29C.8, subsection 3, paragraph "f", as enacted in 44 10 this division of this Act, and the amendment to section 44 11 29C.20, subsection 1, as enacted in this division of this Act, 44 12 take effect July 1, 2004. 44 13 DIVISION VIII 44 14 MEDICAL ASSISTANCE PROGRAM 44 15 Sec. 94. Section 135C.31A, if enacted by 2003 Iowa Acts, 44 16 House File 619, section 2, is amended to read as follows: 44 17 135C.31A ASSESSMENT OF RESIDENTS – PROGRAM ELIGIBILITY. 44 18 Beginning July 1, 2003, a health care facility receiving 44 19 reimbursement through the medical assistance program under 44 20 chapter 249A shall assist the Iowa commission of veterans 44 21 affairs indetermining, prior to the initialidentifying, upon 44 22 admission of a resident, theprospectiveresident's 44 23 eligibility for benefits through the federal department of 44 24 veterans affairs. The health care facility shall also assist 44 25 the Iowa commission of veterans affairs in determining such 44 26 eligibility for residents residing in the facility on July 1, 44 27 2003. The department of inspections and appeals, in 44 28 cooperation with the department of human services, shall adopt 44 29 rules to administer this section, including a provision that 44 30 ensures that if a resident is eligible for benefits through 44 31 the federal department of veterans affairs or other third- 44 32 party payor, the payor of last resort for reimbursement to the 44 33 health care facility is the medical assistance program. This 44 34 section shall not apply to the admission of an individual to a 44 35 state mental health institute for acute psychiatric care. 45 1 Sec. 95. Section 249A.20A, if enacted by 2003 Iowa Acts, 45 2 House File 619, section 3, is amended by adding the following 45 3 new subsection: 45 4 NEW SUBSECTION. 5A. The department shall adopt rules to 45 5 provide a procedure under which the department and the 45 6 pharmaceutical and therapeutics committee may disclose 45 7 information relating to the prices manufacturers or 45 8 wholesalers charge for pharmaceuticals. The procedures 45 9 established shall comply with 42 U.S.C. } 1396r-8 and with 45 10 chapter 550. 45 11 Sec. 96. Section 249A.20B, if enacted by 2003 Iowa Acts, 45 12 House File 619, section 4, is amended by adding the following 45 13 new subsection: 45 14 NEW SUBSECTION. 5A. The department of human services 45 15 shall provide a reimbursement to nursing facilities under this 45 16 section. The reimbursement amount shall be calculated as a 45 17 per patient day amount and shall be paid to nursing facilities 45 18 in addition to the reimbursement payment specified in 2001 45 19 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 45 20 "c". 45 21 Sec. 97. 2003 Iowa Acts, House File 619, section 5, if 45 22 enacted, is amended by striking the section and inserting in 45 23 lieu thereof the following: 45 24 SEC. 5. CASE MANAGEMENT PROGRAM FOR FRAIL ELDERS. 45 25 1. The general assembly finds that the existing case 45 26 management program for frail elders administered by the 45 27 department of elder affairs is an important component of the 45 28 long-term care system in this state. The program emphasizes 45 29 the independence and dignity of the individual while providing 45 30 services in a cost-effective manner. 45 31 2. The purposes of the case management program for frail 45 32 elders include all of the following: 45 33 a. To provide planning, policy development, coordination, 45 34 and administrative oversight. 45 35 b. To provide assistance in the form of assessment and 46 1 care coordination under circumstances in which an elder or the 46 2 elder's caregiver is experiencing diminished functional 46 3 capacity or other conditions that require the provision of 46 4 services by professional service providers. 46 5 c. To maintain a system that focuses on the delivery of 46 6 home and community-based services that emphasize individual 46 7 independence, individual needs and desires, and consumer- 46 8 driven quality of services. 46 9 3. It is the intent of the general assembly that the 46 10 department of elder affairs in collaboration with the 46 11 department of human services, area agencies on aging, advocacy 46 12 groups, industry representatives, and consumers submit 46 13 recommendations to the general assembly by October 1, 2003, 46 14 regarding the redesigning of the case management program for 46 15 the frail elderly including preadmission screening 46 16 methodologies, level of care determinations and ongoing 46 17 methodologies for the coordination, provision, and delivery of 46 18 home and community-based services. 46 19 4. It is also the intent of the general assembly that the 46 20 department of elder affairs and the department of human 46 21 services coordinate efforts to resolve issues relating to 46 22 level of care determinations no later than October 1, 2003. 46 23 Sec. 98. 2003 Iowa Acts, House File 619, section 9, if 46 24 enacted, is amended to read as follows: 46 25 SEC. 9. NURSING FACILITY REIMBURSEMENT. Notwithstanding 46 26 2001 Iowa Acts, chapter 192, section 4, subsection 2, 46 27 paragraph "c", and subsection 3, paragraph "a", subparagraph 46 28 (2), if projected state fund expenditures for reimbursement of 46 29 nursing facilities for the fiscal year beginning July 1, 2003, 46 30 in accordance with the reimbursement rate specified in 2001 46 31 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 46 32 "c",exceedsexceed $147,252,856, the department shall adjust 46 33 the inflation factor of the reimbursement rate calculation to 46 34 provide reimbursement within the amountprojectedspecified in 46 35 this section. The department, in consultation with nursing 47 1 facility representatives, shall review the projections on a 47 2 quarterly basis to determine if an interim adjustment is 47 3 necessary in order to provide reimbursement within the amount 47 4 specified in this section. In reviewing the projections, the 47 5 department shall consider the savings from the reduction in 47 6 bed hold payments, elimination of crossover claims, and 47 7 increases in Medicare part A utilization. 47 8 Sec. 99. 2003 Iowa Acts, House File 619, section 12, 47 9 subsections 2 and 3, if enacted, are amended to read as 47 10 follows: 47 11 2. The department of human services, in cooperation with 47 12 the department's fiscal agent and in consultation with a 47 13 chronic caremanagement resource groupconsortium, shall 47 14 profile medical assistance recipients within a select number 47 15 of disease diagnosis categories. The assessment shall focus 47 16 on those diagnosis areas that present the greatest opportunity 47 17 for impact to improved care and cost reduction. 47 18 3. The department of human services, in consultation with 47 19 a chronic caremanagement resource groupconsortium, shall 47 20 conduct a chronic disease management pilot project for a 47 21 select number of individuals who are participants in the 47 22 medical assistance program. The project shall focus on a 47 23 select number of chronic diseases which may include congestive 47 24 heart failure, diabetes, and asthma. The initial pilot 47 25 project shall be implemented by October 1, 2003. 47 26 Sec. 100. 2003 Iowa Acts, House File 619, section 12, 47 27 subsection 4, if enacted, is amended by striking the 47 28 subsection and inserting in lieu thereof the following: 47 29 4. The department of human services may procure a sole 47 30 source contract with a vendor to manage individuals with 47 31 select chronic diseases following the conclusion of the 47 32 profiling of medical assistance recipients. The management of 47 33 chronic diseases for individuals under this subsection may be 47 34 coordinated with the pilot project established in subsection 47 35 3. 48 1 Sec. 101. 2002 Iowa Acts, Second Extraordinary Session, 48 2 chapter 1003, section 110, is amended by adding the following 48 3 new paragraph: 48 4 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, up 48 5 to $2,400,000 of the funds appropriated in this section that 48 6 remain unencumbered or unobligated at the close of the fiscal 48 7 year shall not revert but shall remain available in the 48 8 succeeding fiscal year to be used for additional field 48 9 operations, full-time equivalent positions and general 48 10 administration. Four hundred thousand dollars of this amount 48 11 shall be used for eight full-time equivalent positions to 48 12 provide a case manager in each of the judicial districts to 48 13 provide coordination of services for families that have a 48 14 history of methamphetamine abuse and $400,000 of this amount 48 15 shall be used for general administration. 48 16 Sec. 102. VETERANS – DIRECTIVE. The commission of 48 17 veterans affairs shall work with the commandant of the Iowa 48 18 veterans home, the department of human services, and the 48 19 department of inspections and appeals to identify the 48 20 residents of health care facilities who may be eligible for 48 21 benefits through the federal department of veterans affairs 48 22 pursuant to section 135C.31A, if enacted by 2003 Iowa Acts, 48 23 House File 619. 48 24 Sec. 103. The section of this division of this Act 48 25 amending 2002 Iowa Acts, Second Extraordinary Session, chapter 48 26 1003, section 110, relating to certain federal temporary 48 27 assistance for needy families block grant funding, takes 48 28 effect upon enactment. 48 29 EXPLANATION 48 30 This bill relates to public expenditure and regulatory 48 31 matters. 48 32 MH/MR/DD ALLOWABLE GROWTH – This division appropriates 48 33 funding for county mental health, mental retardation, and 48 34 developmental disabilities services allowed growth for fiscal 48 35 year 2004-2005. 49 1 STANDING APPROPRIATIONS – REDUCTIONS – This division 49 2 applies reductions to standing appropriations for the general 49 3 assembly, at-risk children programs, public transit 49 4 assistance, and educational excellence program. 49 5 The division includes an appropriation from the cash 49 6 reserve fund to the rebuild Iowa infrastructure fund and law 49 7 is made inapplicable that would otherwise require that the 49 8 reason for the appropriation be stated, that the appropriation 49 9 be the only subject of the bill, and that the bill receive a 49 10 supermajority vote if the appropriation caused the fund 49 11 balance to drop below a certain level. This appropriation 49 12 takes effect upon enactment. In addition, the division 49 13 reduces a standing appropriation from the rebuild Iowa 49 14 infrastructure fund to the environment first fund for fiscal 49 15 year 2002-2003, and this reduction takes effect upon 49 16 enactment. 49 17 STANDING APPROPRIATIONS – LIMITATIONS – This division 49 18 applies limitations to standing appropriations for 49 19 compensation of military personnel, nonpublic school 49 20 transportation, printing of cigarette tax stamps, state share 49 21 of peace officers' retirement benefits, livestock production 49 22 credit refunds, reimbursement of homestead property tax 49 23 credits, reimbursement of agricultural land and family farm 49 24 tax credits, military service tax credits, state unemployment 49 25 compensation expenses, interest costs under the federal Cash 49 26 Management and Improvement Act, the state's deferred 49 27 compensation program, and elderly and disabled credits. 49 28 REVENUE ADJUSTMENTS – APPROPRIATIONS – This division 49 29 provides revenue adjustments and appropriations. The division 49 30 provides for FY 2003-2004 that the interest and earnings from 49 31 the Iowa economic emergency fund and the cash reserve fund 49 32 will be credited to the general fund of the state instead of 49 33 the rebuild Iowa infrastructure fund as provided in Code 49 34 sections 8.55 and 8.56. For FY 2003-2004, the unexpended 49 35 balances of state general fund operational appropriations will 50 1 revert to the state general fund instead of remaining with 50 2 agencies for use for training and technology purposes as 50 3 provided in Code section 8.62. 50 4 Moneys collected from the income tax checkoff for the keep 50 5 Iowa beautiful fund in FY 2002-2003 and 2003-2004 are 50 6 appropriated to the state department of transportation for the 50 7 purposes provided in Code section 314.28 of education for 50 8 litter prevention, improving waste management and recycling 50 9 efforts, and beautification projects. 50 10 Of the $70 million in gambling revenues that the law 50 11 provides will be deposited in the endowment for Iowa's health 50 12 account of the tobacco settlement trust fund, the division 50 13 provides that $20 million will instead be deposited in the 50 14 general fund of the state. 50 15 The division provides an appropriation to the Iowa 50 16 department of economic development for assistance to a city or 50 17 organization hosting the national junior olympics. 50 18 Code section 8.55, relating to the Iowa economic emergency 50 19 fund, includes provisions making transfers when the fund has 50 20 reached its maximum balance. The standing limited transfer to 50 21 the senior living trust fund is increased to $118 million. 50 22 The division delays by one year the effective date of a 50 23 change in the maximum balances of the cash reserve and Iowa 50 24 economic emergency funds. Current law provides that effective 50 25 July 1, 2003, the maximum balances of the two reserve funds 50 26 will change from each at 5 percent of the adjusted revenue 50 27 estimate to the cash reserve at 7.5 percent and the Iowa 50 28 economic emergency fund at 2.5 percent. The bill delays this 50 29 change until July 1, 2004. 50 30 For fiscal year 2003-2004 the maximum amount of job credits 50 31 for the accelerated career education program under Code 50 32 section 260G.4B is decreased from $6 million to $4 million. 50 33 The division eliminates a standing appropriation from the 50 34 general fund to the endowment for Iowa's health account for 50 35 fiscal year 2003-2004. 51 1 The fiscal year 2002-2003 appropriation to the state racing 51 2 and gaming commission for purposes of racetrack regulation is 51 3 increased. 51 4 COMPENSATION AND BENEFITS – This division relates to 51 5 compensation and benefits paid to state employees. The 51 6 division appropriates moneys for the fiscal year beginning 51 7 July 1, 2003, to fund salary adjustments for certain contract 51 8 and noncontract employees. 51 9 The state board of regents is specifically allocated 51 10 appropriations to fund increases to employees at the state 51 11 school for the deaf and the Iowa braille and sight saving 51 12 school and is to use other sources to fund other employee 51 13 increases. 51 14 The division also provides supplemental authorization to 51 15 fund salaries from trust, revolving, and special funds for 51 16 which the general assembly has established a budget. 51 17 State trooper meal allowances are provided for and a salary 51 18 model coordinator is funded to maintain the state's salary 51 19 model in conjunction with the legislative fiscal bureau. 51 20 CORRECTIVE PROVISIONS – This division provides corrective 51 21 amendments to legislation passed in the Eightieth General 51 22 Assembly, 2003 Regular Session. 51 23 Code section 8A.202, if enacted in House File 534, which 51 24 relates to information technology services to be provided by 51 25 the newly created department of administrative services, is 51 26 amended to incorporate language dealing with electronic agency 51 27 reports which conforms to the new Code chapter on state 51 28 archives and records enacted in House File 648. A redundant 51 29 section of House File 648, which amends a Code chapter 51 30 repealed in House File 534, is repealed. 51 31 Code section 99E.9, as amended in 2003 Iowa Acts, House 51 32 File 171, is amended to correctly refer to national criminal 51 33 history checks, to conform to other references to those checks 51 34 in House File 171. 51 35 Code sections 135.150 and 135.154, enacted in House File 52 1 396, are amended to correct the name of the director of public 52 2 health and to specify the division of a Code chapter rather 52 3 than the division of a state agency. 52 4 New section 170.6(1), if enacted by House File 624, is 52 5 amended to provide that failure of a landowner to notify or 52 6 provide access to the department of agriculture and land 52 7 stewardship before first releasing whitetail deer on the land 52 8 is cause for suspension or revocation of certificate to keep 52 9 whitetail deer as farm deer. House File 624 in another 52 10 section requires notification and access to be given to the 52 11 department. 52 12 Amendments to Code sections 232.71B, 235B.3, and 692A.13, 52 13 if enacted by 2003 Iowa Acts, House File 558, are amended to 52 14 insert the word "adult" in order to correct references to the 52 15 dependent adult abuse registry. 52 16 Code section 304B.3, if enacted in House File 648, which 52 17 relates to the membership of the state records commission, is 52 18 amended to conform to the changes made in House File 534 with 52 19 respect to the directors of the newly created department of 52 20 administrative services and other state agencies. 52 21 Code section 356.7(1), as amended by 2003 Iowa Acts, House 52 22 File 650, is amended to correct a grammatical error. 52 23 Code section 459.401(2)(a)(3A), if enacted by House File 52 24 644, is amended to correct an internal reference to another 52 25 Code section. 52 26 Code section 505A.1, as enacted in 2003 Iowa Acts, House 52 27 File 647, is amended to insert a missing preposition before an 52 28 internal reference. 52 29 Code section 508.31A, as amended in 2003 Iowa Acts, House 52 30 File 647, is amended to correct an internal reference to 52 31 another paragraph of the Code section. 52 32 Code section 901.5, as amended by 2003 Iowa Acts, House 52 33 File 404, and relating to the scheduling of a contempt 52 34 proceeding for violation of a no-contact order in a criminal 52 35 case, is amended to make a reference to five days consistent 53 1 with another provision in the same legislation. 53 2 A corrective section of Senate File 155, the substantive 53 3 Code editor's bill, which amends Code section 49.71 relating 53 4 to the discontinuance of instructional cards for voters, is 53 5 repealed if 2003 Iowa Acts, House File 614, which more 53 6 thoroughly amends and updates Code section 49.71, is enacted. 53 7 2003 Iowa Acts, Senate File 155, one of the Code editor's 53 8 bills, is amended to repeal section 56 of that bill which 53 9 contains a corrective reference in Code section 237A.29 to a 53 10 child care provider suspension sanction. The repeal is in 53 11 favor of an amendment to the same Code section by 2003 Iowa 53 12 Acts, Senate File 351, which substantively rewrites the child 53 13 care provider sanctions in that Code section. 53 14 The amendment to Code section 56.5 in 2003 Iowa Acts, House 53 15 File 601, is corrected by specifying that only paragraph "d" 53 16 of subsection 2 is stricken. 53 17 House File 624, section 22, if enacted, is corrected to 53 18 clarify that it is the fence which encloses farm deer on the 53 19 effective date of House File 624 that is deemed to comply with 53 20 the construction requirements of the bill. 53 21 MISCELLANEOUS PROVISIONS – This division provides 53 22 miscellaneous provisions. 53 23 The division amends Code sections 12B.10 and 12B.10A, 53 24 relating to public funds investment standards and public funds 53 25 investment maturity and procedural limitations, to provide 53 26 that the short-term investments of the state board and 53 27 institutions under the control of the state board of regents 53 28 cannot have an effective maturity in excess of 63 months. 53 29 The division amends Code section 12E.12(8) to allow the 53 30 issuing agency of refunding bonds for tobacco settlement 53 31 authority bonds, which cannot be used for such refunding, to 53 32 be used for capital infrastructure improvements at the issuing 53 33 agency. This provision takes effect upon enactment. 53 34 Code section 15E.193B(4) is amended to allow the department 53 35 of economic development to extend the two-year completion 54 1 period for tax credits for housing projects in enterprise 54 2 zones if completion of the project is impossible because of 54 3 substantial loss due to a catastrophe. "Substantial loss" 54 4 means at least 30 percent of the project's eligible basis. 54 5 This amendment takes effect upon enactment. 54 6 The division creates a new Code section 16.181 that 54 7 establishes a housing trust fund to be administered by the 54 8 Iowa finance authority. The fund shall be used for the 54 9 development and preservation of affordable housing for low- 54 10 income people in the state. The new Code section provides 54 11 that assets in the housing trust fund shall consist of all of 54 12 the following: 54 13 1. Any assets received by the authority from the Iowa 54 14 housing corporation. 54 15 2. Any moneys transferred by the authority for deposit in 54 16 the housing trust fund. 54 17 3. Any other moneys appropriated by the general assembly 54 18 and any other moneys available to and obtained or accepted by 54 19 the authority for placement in the housing trust fund. 54 20 The new Code section also creates a local housing trust 54 21 fund program and a project-based housing program within the 54 22 housing trust fund. 54 23 The new Code section provides that 60 percent of the assets 54 24 in the housing trust fund shall be allocated to the local 54 25 housing trust fund program and 40 percent of the assets are 54 26 allocated to the project-based housing program. Any assets 54 27 remaining in the local housing trust fund program on April 1 54 28 of each fiscal year which have not been awarded to a local 54 29 housing trust fund may be transferred to the project-based 54 30 housing program at any time prior to the end of the fiscal 54 31 year. 54 32 The division amends Code section 25.1 to provide that the 54 33 state appeal board shall no longer consider claims for vehicle 54 34 registration fee refunds. Such refunds are obtained by 54 35 application to the state department of transportation in 55 1 certain circumstances when a vehicle is sold, transferred, or 55 2 junked. 55 3 Code section 28.9, relating to the school ready children 55 4 grants account of the Iowa empowerment fund, is amended to 55 5 require the distribution formula used for the grants to 55 6 incorporate certain performance components. 55 7 The division amends Code section 29C.8 by requiring the 55 8 administrator of the emergency management division of the 55 9 department of public defense, effective July 1, 2004, to 55 10 approve and support the development and ongoing operations of 55 11 an urban search and rescue team within the state. Members of 55 12 the team when acting under the direction of the administrator 55 13 or pursuant to a governor's disaster proclamation are 55 14 considered employees of the state and shall be compensated for 55 15 disability, workers' compensation, and death benefits as 55 16 appropriate. The administrator of the emergency management 55 17 division of the department of public defense must also 55 18 develop, implement, and support a uniform incident command 55 19 system to be used by state agencies responding to emergencies 55 20 and disasters beginning July 1, 2003. A related change is 55 21 made to Code section 29C.20, pertaining to a contingent fund 55 22 governed by the executive council for use in responding to 55 23 disasters and other emergencies, to authorize payment of 55 24 expenses and claims from the fund beginning July 1, 2004, for 55 25 authorized urban search and rescue team activities. 55 26 The division amends section 99G.40(1), if enacted by Senate 55 27 File 453, to authorize the auditor of state to perform audits 55 28 on the records and papers of the Iowa lottery authority which 55 29 is created in that bill. 55 30 Code sections 260C.14, 261.9, and 262.9 are amended to 55 31 require community colleges, private colleges, or universities 55 32 under Iowa's tuition grant program, and the board of regents 55 33 universities to offer options to students who are members of 55 34 the national guard or military reserves and are called to 55 35 active state or federal duty. These options include the 56 1 withdrawal from registration with a full refund of tuition and 56 2 fees, course grades be given or incomplete grades be given to 56 3 be made up later for all of the courses, or course grades be 56 4 given or incomplete grades be given to be made up later for 56 5 only some of the courses. 56 6 Code section 284.13(1) is amended to revive the allocation 56 7 for the team-based variable pay program administered by the 56 8 department of education during the 2001-2002 fiscal year by 56 9 providing a $500,000 allocation from the appropriation for the 56 10 student achievement and teacher quality program for each 56 11 fiscal year of the fiscal period beginning July 1, 2003, and 56 12 ending June 30, 2005. 56 13 Code section 294A.25(6)-(10) is amended by striking 56 14 references to phase III in standing Code language that 56 15 provides for the allocation of educational excellence moneys 56 16 to the department of education; striking the subsection used 56 17 to allocate moneys in prior years for the ambassador to 56 18 education program, which in FY 2003-2004 is funded from a 56 19 student achievement and teacher quality program allocation; 56 20 and striking the subsection used to allocate moneys in prior 56 21 years for purposes of the Iowa mathematics and science 56 22 coalition. The amendments provide that the allocations for 56 23 the kindergarten through grade 12 management information 56 24 system and for the Iowa braille and sight saving school and 56 25 the Iowa state school for the deaf will be made prior to the 56 26 allocations provided to meet the minimum teacher salary 56 27 requirements and salary improvement requirements of Code 56 28 chapter 294A. 56 29 The division amends Code sections 321J.2, 321J.4, and 56 30 321J.12, as amended by 2003 Iowa Acts, House File 65, to 56 31 provide that a defendant who has been convicted of a first 56 32 offense operating-while-intoxicated offense whose driver's 56 33 license or nonresident operating privileges have been revoked 56 34 and who seeks a temporary restricted license must install an 56 35 approved ignition interlock device on all vehicles owned or 57 1 operated by the defendant. This requirement also applies to a 57 2 defendant whose driver's license or nonresident operating 57 3 privileges have been revoked administratively due to chemical 57 4 test failure. 57 5 Code section 331.604C(4), if enacted by Senate File 453, is 57 6 amended to change the name of the fund to which locally 57 7 collected electronic transaction fees are deposited for 57 8 purposes of providing electronic access to local records from 57 9 the "state government electronic transaction" fund to the 57 10 "local electronic government transaction" fund. 57 11 Code section 422.45 is amended to add a new subsection 64 57 12 that exempts from the sales and use taxes the access or 57 13 service charges assessed by financial institutions on 57 14 noncustomer point of sale or noncustomer use of automated 57 15 teller machines. 57 16 Code section 435.26A, as enacted by 2003 Iowa Acts, Senate 57 17 File 134, is amended to require certain information be 57 18 provided when the certificate of title for a manufactured home 57 19 has been surrendered. The amendment also provides for the 57 20 procedure for the reissuance of a previously surrendered 57 21 certificate of title for a manufactured home. The amendments 57 22 are effective upon enactment. 57 23 Code sections 453C.1 and 453C.2 are amended to allow 57 24 cigarette manufacturers that are not members of the master 57 25 settlement agreement and that are required to place moneys 57 26 into escrow on account for cigarettes to be sold in the state 57 27 to receive a refund of any excess escrow amounts remitted 57 28 because of fewer cigarettes sold than anticipated. The 57 29 amendments take effect upon enactment. 57 30 Code section 476.33 is amended to require the utilities 57 31 board to consider for inclusion in the rates for public 57 32 utilities the capital infrastructure investments that will not 57 33 produce significant revenues and will be in service within the 57 34 test year and the cost of capital charges that will occur 57 35 within nine months following the test year which are 58 1 associated with a new generating plant. The utilities board 58 2 is also directed to initiate and coordinate a review of 58 3 current ratemaking procedures. 58 4 The division provides that if Senate File 401, relating to 58 5 tobacco law compliance is enacted, a tobacco compliance 58 6 employee training fund is created in Code section 453A.2 58 7 consisting of the civil penalties charged for violations of 58 8 the law for sales to underage purchasers. Moneys in the fund 58 9 are appropriated to the alcoholic beverages division of the 58 10 department of commerce for the tobacco compliance employee 58 11 training program created in Senate File 401. This provision 58 12 takes effect upon enactment. 58 13 Code section 455D.9 is amended to provide an exception to 58 14 the prohibition on the land disposal of yard waste if the yard 58 15 waste is accepted by a sanitary landfill that operates an 58 16 active methane collection system for the purpose of producing 58 17 electricity. 58 18 The division amends Senate File 453, section 49, if 58 19 enacted, which directs the department of human services to 58 20 create a work group for the redesign of the medical assistance 58 21 program. The amendment would add members of the medical 58 22 assistance advisory council to the work group. The medical 58 23 assistance advisory council participants will bring valuable 58 24 expertise in each specialized field or industry that would not 58 25 be available if the insurance industry is the only stakeholder 58 26 at the table. 58 27 The division repeals the following Code sections, involving 58 28 programs at Iowa state university of science and technology: 58 29 Code section 266.8, relating to hazardous waste technical 58 30 research and assistance program, and Code sections 266.24, 58 31 266.25, and 266.26, relating to the laboratory for the 58 32 manufacture and distribution of hog-cholera serum, toxins, 58 33 vaccines, and biological products. 58 34 The division directs the state committee, if one is formed, 58 35 to implement the federal Help America Vote Act and the 59 1 commissioner of elections to report quarterly to the 59 2 government oversight committees on the status of 59 3 implementation of the federal Act. 59 4 The division directs the department of corrections to 59 5 develop a plan to sell to a municipality a 20-acre tract of 59 6 undeveloped land located adjacent to the Iowa correctional 59 7 institution for women. Net proceeds of the sale are to be 59 8 retained by the department to be used for correctional 59 9 facilities. This provision takes effect upon enactment. 59 10 The division allows a city meeting certain population 59 11 criteria to make application for refund of sales or use tax 59 12 paid relative to street and sewer construction projects and 59 13 for the application to be considered to be timely filed, 59 14 notwithstanding the one-year application period, if it is 59 15 filed by August 1, 2003. Any refund paid cannot exceed 59 16 $15,000. This provision takes effect upon enactment. 59 17 The division allows a school district located in a county 59 18 with a certain population to refile for state reimbursement 59 19 for costs for providing vocational education programs at the 59 20 secondary level in its district. The amount of reimbursement 59 21 is limited to 6.5 percent of the costs and to $6,000 minus any 59 22 amount previously received from a prior claim for 59 23 reimbursement of those costs. 59 24 The division also directs the state department of 59 25 transportation to conduct a study pertaining to administrative 59 26 efficiencies to be gained in coordination of school and public 59 27 transportation. A report must be filed by the end of the 2003 59 28 calendar year. 59 29 The division includes language providing that if 59 30 supplemental payment adjustments are implemented for physician 59 31 services provided to medical assistance (Medicaid) program 59 32 recipients at publicly owned acute care teaching hospitals, 59 33 the department of human services cannot recoup the adjustments 59 34 unless an amount is transferred by the department to the 59 35 qualifying physicians that is equivalent to the amount 60 1 transferred by the state university of Iowa to the department. 60 2 The division provides for coordination of federal moneys 60 3 with the projects of the housing trust fund created in this 60 4 division of the bill. 60 5 The division requires the Iowa Code editor to change the 60 6 name of the emergency management division of the department of 60 7 public defense to the homeland security and emergency 60 8 management division. 60 9 MEDICAL ASSISTANCE PROGRAM – This division amends House 60 10 File 619 to direct health care facilities to assist the Iowa 60 11 commission of veterans affairs in identifying residents that 60 12 may be eligible for rather than actually determining a 60 13 resident's eligibility for benefits through the federal 60 14 department of veterans affairs. 60 15 The division adds a new subsection 5A to new Code section 60 16 249A.20A, if enacted by House File 619, that directs the 60 17 department of human services to adopt rules for disclosure of 60 18 certain information under the medical assistance preferred 60 19 drug list program to be developed by the department of human 60 20 services. 60 21 The division amends Code section 249A.20B, if enacted by 60 22 House File 619, to provide that under the nursing facility 60 23 quality assurance assessment, the department of human services 60 24 is to provide a reimbursement to nursing facilities and is to 60 25 calculate the amount of the reimbursement as a per patient day 60 26 amount and pay this amount in addition to the existing 60 27 reimbursement amount under the case-mix reimbursement rate. 60 28 The division replaces language in House File 619 relating 60 29 to the case management program for the frail elderly to 60 30 provide that it is the intent of the general assembly that the 60 31 department of elder affairs in collaboration with the 60 32 department of human services, area agencies on aging, advocacy 60 33 groups, industry representatives, and consumers to submit 60 34 recommendations regarding the redesign of the program to the 60 35 general assembly by October 1, 2003. The new language also 61 1 provides that it is the intent of the general assembly that 61 2 the department of elder affairs and the department of human 61 3 services coordinate efforts to resolve issues relating to 61 4 level of care determinations no later than October 1, 2003. 61 5 The division amends House File 619 to provide that with 61 6 regard to the nursing facility reimbursement, the department 61 7 of human services, in consultation with nursing facility 61 8 representatives is to review projections of state general fund 61 9 expenditures for nursing facility reimbursement on a quarterly 61 10 basis and is to consider savings from other nursing facility 61 11 payment policy changes in the review. 61 12 The division also amends 2003 Iowa Acts, House File 619, 61 13 relating to chronic care management, to correct references and 61 14 to provide for contracting for provision of chronic disease 61 15 management. 61 16 The division provides for use of a portion of the temporary 61 17 assistance for needy families moneys carried forward from FY 61 18 2002-2003, and to direct the commission of veterans affairs to 61 19 work with the commandant of the Iowa veterans home, the 61 20 department of human services, and the department of 61 21 inspections and appeals to identify residents of health care 61 22 facilities who may be eligible for benefits through the 61 23 federal department of veterans affairs. 61 24 LSB 1133XC 80 61 25 mg/sh/8
Text: SSB01206 Text: SSB01208 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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