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PAG LIN 1 1 DIVISION I 1 2 ADMINISTRATION AND REGULATION 1 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. There 1 4 is appropriated from the general fund of the state to the 1 5 department of administrative services for the fiscal year 1 6 beginning July 1, 2004, and ending June 30, 2005, the 1 7 following amounts, or so much thereof as is necessary, to be 1 8 used for the purposes designated: 1 9 1. For salaries, support, maintenance, and miscellaneous 1 10 purposes, and for not more than the following full-time 1 11 equivalent positions: 1 12 .................................................. $ 4,564,351 1 13 ............................................... FTEs 233.95 1 14 UTILITY COSTS 1 15 2. For the payment of utility costs: 1 16 .................................................. $ 2,576,000 1 17 Notwithstanding section 8.33, any excess funds appropriated 1 18 for utility costs in this subsection shall not revert to the 1 19 general fund of the state at the end of the fiscal year but 1 20 shall remain available for expenditure for the purposes of 1 21 this subsection during the fiscal year beginning July 1, 2005. 1 22 3. For distribution to other departments: 1 23 .................................................. $ 10,802,911 1 24 Moneys appropriated in this subsection shall be separately 1 25 accounted for in a distribution account and shall be 1 26 distributed to other governmental entities based upon formulas 1 27 established by the department to pay for services provided 1 28 governmental entities by the department as described in 1 29 chapter 8A. 1 30 4. Members of the general assembly serving as members of 1 31 the deferred compensation advisory board shall be entitled to 1 32 receive per diem and necessary travel and actual expenses 1 33 pursuant to section 2.10, subsection 5, while carrying out 1 34 their official duties as members of the board. 1 35 5. Any funds and premiums collected by the department for 2 1 workers' compensation shall be segregated into a separate 2 2 workers' compensation fund in the state treasury to be used 2 3 for payment of state employees' workers' compensation claims 2 4 and administrative costs. Notwithstanding section 8.33, 2 5 unencumbered or unobligated moneys remaining in this workers' 2 6 compensation fund at the end of the fiscal year shall not 2 7 revert but shall be available for expenditure for purposes of 2 8 the fund for subsequent fiscal years. 2 9 6. DEPARTMENT OF TRANSPORTATION – PERSONNEL SERVICES 2 10 PAYMENT. The department of administrative services shall 2 11 periodically provide a billing statement to the state 2 12 department of transportation outlining the costs of personnel 2 13 services provided to the state department of transportation. 2 14 The amount indicated on each billing statement shall be paid 2 15 by the state department of transportation out of funds 2 16 available to the department from the road use tax fund and the 2 17 primary road fund. Amounts received by the department of 2 18 administrative services shall be considered repayment receipts 2 19 as defined in section 8.2, and deposited into the accounts of 2 20 the department. 2 21 Sec. 2. REVOLVING FUNDS. 2 22 1. There is appropriated from the general fund of the 2 23 state to the department of administrative services for the 2 24 fiscal year beginning July 1, 2004, and ending June 30, 2005, 2 25 the following amount, or so much thereof as is necessary, to 2 26 be used for the purposes designated: 2 27 For start-up funding for revolving funds under the control 2 28 of the department of administrative services and for salaries, 2 29 support, maintenance, and miscellaneous purposes: 2 30 .................................................. $ 1,950,000 2 31 Notwithstanding any provision of this section to the 2 32 contrary, the department of administrative services shall 2 33 deposit $1,950,000 in the general fund of the state from 2 34 moneys in departmental revolving funds and internal service 2 35 funds at the end of the fiscal year. 3 1 2. There is appropriated to the department of 3 2 administrative services for the fiscal year beginning July 1, 3 3 2004, and ending June 30, 2005, from the revolving funds 3 4 designated in chapter 8A and from internal service funds 3 5 created by the department, such amounts as the department 3 6 deems necessary for the operation of the department consistent 3 7 with the requirements of chapter 8A. 3 8 Sec. 3. READY TO WORK PROGRAM COORDINATOR. There is 3 9 appropriated from the workers' compensation trust fund to the 3 10 department of administrative services for the fiscal year 3 11 beginning July 1, 2004, and ending June 30, 2005, the 3 12 following amount, or so much thereof as is necessary, to be 3 13 used for the purposes designated: 3 14 For the salary, support, and miscellaneous expenses for the 3 15 ready to work program and coordinator: 3 16 .................................................. $ 89,416 3 17 Sec. 4. FUNDING FOR IOWACCESS. 3 18 1. Notwithstanding section 321A.3, subsection 1, for the 3 19 fiscal year beginning July 1, 2004, and ending June 30, 2005, 3 20 the first $1,000,000 collected and transferred by the 3 21 department of transportation to the treasurer of state with 3 22 respect to the fees for transactions involving the furnishing 3 23 of a certified abstract of a vehicle operating record under 3 24 section 321A.3, subsection 1, shall be transferred to the 3 25 IowAccess revolving fund established by section 8A.224 and 3 26 administered by the department of administrative services for 3 27 the purposes of developing, implementing, maintaining, and 3 28 expanding electronic access to government records as provided 3 29 by law. 3 30 2. All fees collected with respect to transactions 3 31 involving IowAccess shall be deposited in the IowAccess 3 32 revolving fund and shall be used only for the support of 3 33 IowAccess projects. 3 34 Sec. 5. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 3 35 CHARGE. For the fiscal year beginning July 1, 2004, and 4 1 ending June 30, 2005, the monthly per contract administrative 4 2 charge which may be assessed by the department of 4 3 administrative services shall be $2.00 per contract on all 4 4 health insurance plans administered by the department. 4 5 Sec. 6. AUDITOR OF STATE. There is appropriated from the 4 6 general fund of the state to the office of the auditor of 4 7 state for the fiscal year beginning July 1, 2004, and ending 4 8 June 30, 2005, the following amount, or so much thereof as is 4 9 necessary, to be used for the purposes designated: 4 10 For salaries, support, maintenance, and miscellaneous 4 11 purposes, and for not more than the following full-time 4 12 equivalent positions: 4 13 .................................................. $ 1,144,755 4 14 ............................................... FTEs 106.30 4 15 The auditor of state may retain additional full-time 4 16 equivalent positions as is reasonable and necessary to perform 4 17 governmental subdivision audits which are reimbursable 4 18 pursuant to section 11.20 or 11.21, to perform audits which 4 19 are requested by and reimbursable from the federal government, 4 20 and to perform work requested by and reimbursable from 4 21 departments or agencies pursuant to section 11.5A or 11.5B. 4 22 The auditor of state shall notify the department of 4 23 management, the legislative fiscal committee, and the 4 24 legislative services agency of the additional full-time 4 25 equivalent positions retained. 4 26 Sec. 7. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 4 27 is appropriated from the general fund of the state to the Iowa 4 28 ethics and campaign disclosure board for the fiscal year 4 29 beginning July 1, 2004, and ending June 30, 2005, the 4 30 following amount, or so much thereof as is necessary, for the 4 31 purposes designated: 4 32 For salaries, support, maintenance, and miscellaneous 4 33 purposes, and for not more than the following full-time 4 34 equivalent positions: 4 35 .................................................. $ 411,296 5 1 ............................................... FTEs 6.00 5 2 Sec. 8. DEPARTMENT OF COMMERCE. There is appropriated 5 3 from the general fund of the state to the department of 5 4 commerce for the fiscal year beginning July 1, 2004, and 5 5 ending June 30, 2005, the following amounts, or so much 5 6 thereof as is necessary, for the purposes designated: 5 7 1. ALCOHOLIC BEVERAGES DIVISION 5 8 For salaries, support, maintenance, and miscellaneous 5 9 purposes, and for not more than the following full-time 5 10 equivalent positions: 5 11 .................................................. $ 1,876,497 5 12 ............................................... FTEs 33.00 5 13 2. BANKING DIVISION 5 14 For salaries, support, maintenance, and miscellaneous 5 15 purposes, and for not more than the following full-time 5 16 equivalent positions: 5 17 .................................................. $ 6,344,805 5 18 ............................................... FTEs 65.00 5 19 3. CREDIT UNION DIVISION 5 20 For salaries, support, maintenance, and miscellaneous 5 21 purposes, and for not more than the following full-time 5 22 equivalent positions: 5 23 .................................................. $ 1,377,364 5 24 ............................................... FTEs 19.00 5 25 4. INSURANCE DIVISION 5 26 a. For salaries, support, maintenance, and miscellaneous 5 27 purposes, and for not more than the following full-time 5 28 equivalent positions: 5 29 .................................................. $ 3,850,498 5 30 ............................................... FTEs 95.00 5 31 b. The insurance division may reallocate authorized full- 5 32 time equivalent positions as necessary to respond to 5 33 accreditation recommendations or requirements. The insurance 5 34 division expenditures for examination purposes may exceed the 5 35 projected receipts, refunds, and reimbursements, estimated 6 1 pursuant to section 505.7, subsection 7, including the 6 2 expenditures for retention of additional personnel, if the 6 3 expenditures are fully reimbursable and the division first 6 4 does both of the following: 6 5 (1) Notifies the department of management, the legislative 6 6 services agency, and the legislative fiscal committee of the 6 7 need for the expenditures. 6 8 (2) Files with each of the entities named in subparagraph 6 9 (1) the legislative and regulatory justification for the 6 10 expenditures, along with an estimate of the expenditures. 6 11 5. PROFESSIONAL LICENSING AND REGULATION DIVISION 6 12 For salaries, support, maintenance, and miscellaneous 6 13 purposes, and for not more than the following full-time 6 14 equivalent positions: 6 15 ................................................. $ 766,766 6 16 ............................................... FTEs 12.00 6 17 6. UTILITIES DIVISION 6 18 a. For salaries, support, maintenance, and miscellaneous 6 19 purposes, and for not more than the following full-time 6 20 equivalent positions: 6 21 .................................................. $ 6,877,319 6 22 ............................................... FTEs 79.00 6 23 b. The utilities division may expend additional funds, 6 24 including funds for additional personnel, if those additional 6 25 expenditures are actual expenses which exceed the funds 6 26 budgeted for utility regulation and the expenditures are fully 6 27 reimbursable. Before the division expends or encumbers an 6 28 amount in excess of the funds budgeted for regulation, the 6 29 division shall first do both of the following: 6 30 (1) Notify the department of management, the legislative 6 31 services agency, and the legislative fiscal committee of the 6 32 need for the expenditures. 6 33 (2) File with each of the entities named in subparagraph 6 34 (1) the legislative and regulatory justification for the 6 35 expenditures, along with an estimate of the expenditures. 7 1 7. CHARGES – TRAVEL 7 2 Each division and the office of consumer advocate shall 7 3 include in its charges assessed or revenues generated, an 7 4 amount sufficient to cover the amount stated in its 7 5 appropriation, and any state-assessed indirect costs 7 6 determined by the department of administrative services. The 7 7 director of the department of commerce shall review on a 7 8 quarterly basis all out-of-state travel for the previous 7 9 quarter for officers and employees of each division of the 7 10 department if the travel is not already authorized by the 7 11 executive council. 7 12 Sec. 9. DEPARTMENT OF COMMERCE – PROFESSIONAL LICENSING 7 13 AND REGULATION. There is appropriated from the housing 7 14 improvement fund of the Iowa department of economic 7 15 development to the division of professional licensing and 7 16 regulation of the department of commerce for the fiscal year 7 17 beginning July 1, 2004, and ending June 30, 2005, the 7 18 following amount, or so much thereof as is necessary, to be 7 19 used for the purposes designated: 7 20 For salaries, support, maintenance, and miscellaneous 7 21 purposes: 7 22 .................................................. $ 62,317 7 23 Sec. 10. GOVERNOR AND LIEUTENANT GOVERNOR. There is 7 24 appropriated from the general fund of the state to the offices 7 25 of the governor and the lieutenant governor for the fiscal 7 26 year beginning July 1, 2004, and ending June 30, 2005, the 7 27 following amounts, or so much thereof as is necessary, to be 7 28 used for the purposes designated: 7 29 1. GENERAL OFFICE 7 30 For salaries, support, maintenance, and miscellaneous 7 31 purposes for the general office of the governor and the 7 32 general office of the lieutenant governor, and for not more 7 33 than the following full-time equivalent positions: 7 34 .................................................. $ 1,536,949 7 35 ............................................... FTEs 19.25 8 1 2. TERRACE HILL QUARTERS 8 2 For salaries, support, maintenance, and miscellaneous 8 3 purposes for the governor's quarters at Terrace Hill, and for 8 4 not more than the following full-time equivalent positions: 8 5 .................................................. $ 343,149 8 6 ............................................... FTEs 8.00 8 7 3. ADMINISTRATIVE RULES COORDINATOR 8 8 For salaries, support, maintenance, and miscellaneous 8 9 purposes for the office of administrative rules coordinator, 8 10 and for not more than the following full-time equivalent 8 11 positions: 8 12 .................................................. $ 136,458 8 13 ............................................... FTEs 3.00 8 14 4. NATIONAL GOVERNORS ASSOCIATION 8 15 For payment of Iowa's membership in the national governors 8 16 association: 8 17 .................................................. $ 64,393 8 18 5. STATE-FEDERAL RELATIONS 8 19 For salaries, support, maintenance, and miscellaneous 8 20 purposes, and for not more than the following full-time 8 21 equivalent positions: 8 22 .................................................. $ 111,236 8 23 ............................................... FTEs 2.00 8 24 Sec. 11. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. 8 25 1. There is appropriated from the general fund of the 8 26 state to the governor's office of drug control policy for the 8 27 fiscal year beginning July 1, 2004, and ending June 30, 2005, 8 28 the following amount, or so much thereof as is necessary, to 8 29 be used for the purposes designated: 8 30 For salaries, support, maintenance, and miscellaneous 8 31 purposes including statewide coordination of the drug abuse 8 32 resistance education (D.A.R.E.) programs or similar programs, 8 33 and for not more than the following full-time equivalent 8 34 positions: 8 35 .................................................. $ 254,386 9 1 ............................................... FTEs 9.00 9 2 2. The governor's office of drug control policy, in 9 3 consultation with the Iowa department of public health, and 9 4 after discussion and collaboration with all interested 9 5 agencies, shall coordinate substance abuse treatment and 9 6 prevention efforts in order to avoid duplication of services. 9 7 Sec. 12. DEPARTMENT OF HUMAN RIGHTS. There is 9 8 appropriated from the general fund of the state to the 9 9 department of human rights for the fiscal year beginning July 9 10 1, 2004, and ending June 30, 2005, the following amounts, or 9 11 so much thereof as is necessary, to be used for the purposes 9 12 designated: 9 13 1. CENTRAL ADMINISTRATION DIVISION 9 14 For salaries, support, maintenance, and miscellaneous 9 15 purposes, and for not more than the following full-time 9 16 equivalent positions: 9 17 .................................................. $ 264,102 9 18 ............................................... FTEs 7.00 9 19 2. DEAF SERVICES DIVISION 9 20 For salaries, support, maintenance, and miscellaneous 9 21 purposes, and for not more than the following full-time 9 22 equivalent positions: 9 23 .................................................. $ 362,710 9 24 ............................................... FTEs 6.00 9 25 The fees collected by the division for provision of 9 26 interpretation services by the division to obligated agencies 9 27 shall be disbursed pursuant to the provisions of section 8.32, 9 28 and shall be dedicated and used by the division for continued 9 29 and expanded interpretation services. 9 30 3. PERSONS WITH DISABILITIES DIVISION 9 31 For salaries, support, maintenance, and miscellaneous 9 32 purposes, and for not more than the following full-time 9 33 equivalent positions: 9 34 .................................................. $ 184,971 9 35 ............................................... FTEs 3.50 10 1 4. LATINO AFFAIRS DIVISION 10 2 For salaries, support, maintenance, and miscellaneous 10 3 purposes, and for not more than the following full-time 10 4 equivalent positions: 10 5 .................................................. $ 166,718 10 6 ............................................... FTEs 3.00 10 7 5. STATUS OF WOMEN DIVISION 10 8 For salaries, support, maintenance, and miscellaneous 10 9 purposes, including the Iowans in transition program, and the 10 10 domestic violence and sexual assault-related grants, and for 10 11 not more than the following full-time equivalent positions: 10 12 .................................................. $ 329,530 10 13 ............................................... FTEs 3.00 10 14 6. STATUS OF AFRICAN-AMERICANS DIVISION 10 15 For salaries, support, maintenance, and miscellaneous 10 16 purposes, and for not more than the following full-time 10 17 equivalent positions: 10 18 .................................................. $ 118,296 10 19 ............................................... FTEs 2.00 10 20 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 10 21 For salaries, support, maintenance, and miscellaneous 10 22 purposes, and for not more than the following full-time 10 23 equivalent positions: 10 24 .................................................. $ 403,774 10 25 ............................................... FTEs 6.96 10 26 The criminal and juvenile justice planning advisory council 10 27 and the juvenile justice advisory council shall coordinate 10 28 their efforts in carrying out their respective duties relative 10 29 to juvenile justice. 10 30 8. SHARED STAFF. The divisions of the department of human 10 31 rights shall retain their individual administrators, but shall 10 32 share staff to the greatest extent possible. 10 33 Sec. 13. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 10 34 appropriated from the general fund of the state to the 10 35 department of inspections and appeals for the fiscal year 11 1 beginning July 1, 2004, and ending June 30, 2005, the 11 2 following amounts, or so much thereof as is necessary, for the 11 3 purposes designated: 11 4 1. ADMINISTRATION DIVISION 11 5 For salaries, support, maintenance, and miscellaneous 11 6 purposes, and for not more than the following full-time 11 7 equivalent positions: 11 8 .................................................. $ 1,489,090 11 9 ............................................... FTEs 32.25 11 10 2. ADMINISTRATIVE HEARINGS DIVISION 11 11 For salaries, support, maintenance, and miscellaneous 11 12 purposes, and for not more than the following full-time 11 13 equivalent positions: 11 14 .................................................. $ 614,114 11 15 ............................................... FTEs 23.00 11 16 3. INVESTIGATIONS DIVISION 11 17 For salaries, support, maintenance, and miscellaneous 11 18 purposes, and for not more than the following full-time 11 19 equivalent positions: 11 20 .................................................. $ 1,407,295 11 21 ............................................... FTEs 41.00 11 22 4. HEALTH FACILITIES DIVISION 11 23 For salaries, support, maintenance, and miscellaneous 11 24 purposes, and for not more than the following full-time 11 25 equivalent positions: 11 26 .................................................. $ 2,276,836 11 27 ............................................... FTEs 108.75 11 28 5. EMPLOYMENT APPEAL BOARD 11 29 For salaries, support, maintenance, and miscellaneous 11 30 purposes, and for not more than the following full-time 11 31 equivalent positions: 11 32 .................................................. $ 35,215 11 33 ............................................... FTEs 15.00 11 34 The employment appeal board shall be reimbursed by the 11 35 labor services division of the department of workforce 12 1 development for all costs associated with hearings conducted 12 2 under chapter 91C, related to contractor registration. The 12 3 board may expend, in addition to the amount appropriated under 12 4 this subsection, additional amounts as are directly billable 12 5 to the labor services division under this subsection and to 12 6 retain the additional full-time equivalent positions as needed 12 7 to conduct hearings required pursuant to chapter 91C. 12 8 6. CHILD ADVOCACY BOARD 12 9 For foster care review and the court appointed special 12 10 advocate program, including salaries, support, maintenance, 12 11 and miscellaneous purposes, and for not more than the 12 12 following full-time equivalent positions: 12 13 .................................................. $ 1,752,780 12 14 ............................................... FTEs 38.99 12 15 a. The department of human services, in coordination with 12 16 the child advocacy board, and the department of inspections 12 17 and appeals, shall submit an application for funding available 12 18 pursuant to Title IV-E of the federal Social Security Act for 12 19 claims for child advocacy board, administrative review costs. 12 20 b. The court appointed special advocate program shall 12 21 investigate and develop opportunities for expanding fund- 12 22 raising for the program. 12 23 c. Administrative costs charged by the department of 12 24 inspections and appeals for items funded under this subsection 12 25 shall not exceed 4 percent of the amount appropriated in this 12 26 subsection. 12 27 Sec. 14. RACING AND GAMING COMMISSION. 12 28 1. RACETRACK REGULATION 12 29 There is appropriated from the general fund of the state to 12 30 the racing and gaming commission of the department of 12 31 inspections and appeals for the fiscal year beginning July 1, 12 32 2004, and ending June 30, 2005, the following amount, or so 12 33 much thereof as is necessary, to be used for the purposes 12 34 designated: 12 35 For salaries, support, maintenance, and miscellaneous 13 1 purposes for the regulation of pari-mutuel racetracks, and for 13 2 not more than the following full-time equivalent positions: 13 3 .................................................. $ 2,201,453 13 4 ............................................... FTEs 27.53 13 5 Of the funds appropriated in this subsection, $85,576 shall 13 6 be used to conduct an extended harness racing season. 13 7 2. EXCURSION BOAT REGULATION 13 8 There is appropriated from the general fund of the state to 13 9 the racing and gaming commission of the department of 13 10 inspections and appeals for the fiscal year beginning July 1, 13 11 2004, and ending June 30, 2005, the following amount, or so 13 12 much thereof as is necessary, to be used for the purposes 13 13 designated: 13 14 For salaries, support, maintenance, and miscellaneous 13 15 purposes for administration and enforcement of the excursion 13 16 boat gambling laws, and for not more than the following full- 13 17 time equivalent positions: 13 18 .................................................. $ 1,806,048 13 19 ............................................... FTEs 30.22 13 20 Sec. 15. USE TAX APPROPRIATION. There is appropriated 13 21 from the use tax receipts collected pursuant to sections 13 22 423.26 and 423.27 as enacted by 2003 Iowa Acts, First 13 23 Extraordinary Session, chapter 2, sections 119 and 120 prior 13 24 to their deposit in the road use tax fund pursuant to section 13 25 423.43 as enacted by 2003 Iowa Acts, First Extraordinary 13 26 Session, chapter 2, section 136, to the administrative 13 27 hearings division of the department of inspections and appeals 13 28 for the fiscal year beginning July 1, 2004, and ending June 13 29 30, 2005, the following amount, or so much thereof as is 13 30 necessary, for the purposes designated: 13 31 For salaries, support, maintenance, and miscellaneous 13 32 purposes: 13 33 .................................................. $ 1,325,632 13 34 Sec. 16. DEPARTMENT OF MANAGEMENT. There is appropriated 13 35 from the general fund of the state to the department of 14 1 management for the fiscal year beginning July 1, 2004, and 14 2 ending June 30, 2005, the following amounts, or so much 14 3 thereof as is necessary, to be used for the purposes 14 4 designated: 14 5 1. GENERAL OFFICE – STATEWIDE PROPERTY TAX ADMINISTRATION 14 6 For salaries, support, maintenance, and miscellaneous 14 7 purposes, and for not more than the following full-time 14 8 equivalent positions: 14 9 .................................................. $ 2,137,824 14 10 ............................................... FTEs 32.00 14 11 2. ENTERPRISE RESOURCE PLANNING 14 12 If funding is provided for the redesign of the enterprise 14 13 resource planning budget system for the fiscal year beginning 14 14 July 1, 2004, then there is appropriated from the general fund 14 15 of the state to the department of management for the fiscal 14 16 year beginning July 1, 2004, and ending June 30, 2005, the 14 17 following amount, or so much thereof as is necessary, to be 14 18 used for the purposes designated: 14 19 For salaries, support, maintenance, and miscellaneous 14 20 purposes for administration of the enterprise resource 14 21 planning system, and for not more than the following full-time 14 22 equivalent positions: 14 23 .................................................. $ 57,435 14 24 ............................................... FTEs 1.00 14 25 3. SALARY MODEL ADMINISTRATOR 14 26 For salary, support, and miscellaneous purposes of the 14 27 salary model administrator, and for not more than the 14 28 following full-time equivalent positions: 14 29 .................................................. $ 123,598 14 30 ............................................... FTEs 1.00 14 31 The salary model administrator shall work in conjunction 14 32 with the legislative services agency to maintain the state's 14 33 salary model used for analyzing, comparing, and projecting 14 34 state employee salary and benefit information, including 14 35 information relating to employees of the state board of 15 1 regents. The department of revenue, the department of 15 2 administrative services, the five institutions under the 15 3 jurisdiction of the state board of regents, the judicial 15 4 district departments of correctional services, and the state 15 5 department of transportation shall provide salary data to the 15 6 department of management and the legislative services agency 15 7 to operate the state's salary model. The format and frequency 15 8 of provision of the salary data shall be determined by the 15 9 department of management and the legislative services agency. 15 10 The information shall be used in collective bargaining 15 11 processes under chapter 20 and in calculating the funding 15 12 needs contained within the annual salary adjustment 15 13 legislation. A state employee organization as defined in 15 14 section 20.3, subsection 4, may request information produced 15 15 by the model, but the information provided shall not contain 15 16 information attributable to individual employees. 15 17 4. FEDERAL OVERRECOVERY 15 18 For providing matching funds for information technology 15 19 services provided by the department of administrative services 15 20 to the department of human services: 15 21 .................................................. $ 3,000,000 15 22 Sec. 17. ROAD USE TAX APPROPRIATION. There is 15 23 appropriated from the road use tax fund to the department of 15 24 management for the fiscal year beginning July 1, 2004, and 15 25 ending June 30, 2005, the following amount, or so much thereof 15 26 as is necessary, to be used for the purposes designated: 15 27 For salaries, support, maintenance, and miscellaneous 15 28 purposes: 15 29 .................................................. $ 56,000 15 30 Sec. 18. SECRETARY OF STATE. There is appropriated from 15 31 the general fund of the state to the office of the secretary 15 32 of state for the fiscal year beginning July 1, 2004, and 15 33 ending June 30, 2005, the following amounts, or so much 15 34 thereof as is necessary, to be used for the purposes 15 35 designated: 16 1 1. ADMINISTRATION AND ELECTIONS 16 2 For salaries, support, maintenance, and miscellaneous 16 3 purposes, and for not more than the following full-time 16 4 equivalent positions: 16 5 .................................................. $ 660,233 16 6 ............................................... FTEs 10.00 16 7 The state department or state agency which provides data 16 8 processing services to support voter registration file 16 9 maintenance and storage shall provide those services without 16 10 charge. 16 11 2. BUSINESS SERVICES 16 12 For salaries, support, maintenance, and miscellaneous 16 13 purposes, and for not more than the following full-time 16 14 equivalent positions: 16 15 .................................................. $ 1,615,893 16 16 ............................................... FTEs 32.00 16 17 Sec. 19. SECRETARY OF STATE FILING FEES REFUND. 16 18 Notwithstanding the obligation to collect fees pursuant to the 16 19 provisions of section 490.122, subsection 1, paragraphs "a" 16 20 and "s", and section 504A.85, subsections 1 and 9, for the 16 21 fiscal year beginning July 1, 2004, and ending June 30, 2005, 16 22 the secretary of state may refund these fees to the filer 16 23 pursuant to rules established by the secretary of state. The 16 24 decision of the secretary of state not to issue a refund under 16 25 rules established by the secretary of state is final and not 16 26 subject to review pursuant to the provisions of the Iowa 16 27 administrative procedure Act. 16 28 Sec. 20. TREASURER. There is appropriated from the 16 29 general fund of the state to the office of treasurer of state 16 30 for the fiscal year beginning July 1, 2004, and ending June 16 31 30, 2005, the following amount, or so much thereof as is 16 32 necessary, to be used for the purposes designated: 16 33 For salaries, support, maintenance, and miscellaneous 16 34 purposes, and for not more than the following full-time 16 35 equivalent positions: 17 1 .................................................. $ 800,564 17 2 .............................................. FTEs 28.80 17 3 The office of treasurer of state shall supply clerical and 17 4 secretarial support for the executive council. 17 5 Sec. 21. IPERS – GENERAL OFFICE. There is appropriated 17 6 from the Iowa public employees' retirement system fund to the 17 7 Iowa public employees' retirement system for the fiscal year 17 8 beginning July 1, 2004, and ending June 30, 2005, the 17 9 following amount, or so much thereof as is necessary, to be 17 10 used for the purposes designated: 17 11 For salaries, support, maintenance, and other operational 17 12 purposes to pay the costs of the Iowa public employees' 17 13 retirement system, and for not more than the following full- 17 14 time equivalent positions: 17 15 .................................................. $ 8,879,900 17 16 ............................................... FTEs 90.13 17 17 Sec. 22. DEPARTMENT OF REVENUE. There is appropriated 17 18 from the general fund of the state to the department of 17 19 revenue for the fiscal year beginning July 1, 2004, and ending 17 20 June 30, 2005, the following amounts, or so much thereof as is 17 21 necessary, to be used for the purposes designated: 17 22 1. COMPLIANCE – INTERNAL RESOURCES MANAGEMENT – 17 23 STATEWIDE PROPERTY TAX ADMINISTRATION 17 24 For salaries, support, maintenance, and miscellaneous 17 25 purposes, and for not more than the following full-time 17 26 equivalent positions: 17 27 .................................................. $ 24,776,391 17 28 ............................................... FTEs 389.66 17 29 Of the funds appropriated pursuant to this subsection, 17 30 $400,000 shall be used to pay the direct costs of compliance 17 31 related to the collection and distribution of local sales and 17 32 services taxes imposed pursuant to chapters 422B and 422E or 17 33 successor chapters. 17 34 The director of revenue shall prepare and issue a state 17 35 appraisal manual and the revisions to the state appraisal 18 1 manual as provided in section 421.17, subsection 17, without 18 2 cost to a city or county. 18 3 2. COLLECTION COSTS AND FEES 18 4 For payment of collection costs and fees pursuant to 18 5 section 422.26: 18 6 .................................................. $ 27,462 18 7 Sec. 23. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 18 8 appropriated from the motor fuel tax fund created by section 18 9 452A.77 to the department of revenue for the fiscal year 18 10 beginning July 1, 2004, and ending June 30, 2005, the 18 11 following amount, or so much thereof as is necessary, to be 18 12 used for the purposes designated: 18 13 For salaries, support, maintenance, and miscellaneous 18 14 purposes for administration and enforcement of the provisions 18 15 of chapter 452A and the motor vehicle use tax program: 18 16 .................................................. $ 1,181,082 18 17 Sec. 24. Section 7J.1, Code Supplement 2003, is amended by 18 18 adding the following new subsection: 18 19 NEW SUBSECTION. 7A. EXECUTIVE COUNCIL FLEXIBILITY. 18 20 Notwithstanding any provision of law to the contrary, a 18 21 charter agency shall not be required to obtain executive 18 22 council approval for claims for expenses of attending 18 23 conventions, out-of-state travel requests, and memberships in 18 24 professional organizations. 18 25 Sec. 25. Section 8.63, subsection 5, Code Supplement 2003, 18 26 is amended to read as follows: 18 27 5. A state agency seeking a loan from the innovations fund 18 28 shall complete an application form designed by the state 18 29 innovations fund committee which employs, for projects, a 18 30 return on investment concept and demonstrates how state 18 31 general fund expenditures will be reduced or how state general 18 32 fund revenues will increase, or for enterprises, a business 18 33 plan that shows how the enterprise will meet customer needs, 18 34 provide value to customers, and demonstrate financial 18 35 viability. Minimum loan requirements for state agency 19 1 requests shall be determined by the committee. As an 19 2 incentive to increase state general fund revenues, an agency 19 3 may retain up to fifty percent of savings realized in 19 4 connection with a project loan from the innovations fund. The 19 5 amount retained shall be determined by the innovations fund 19 6 committee. Savings realized but not retained by an agency 19 7 shall not be deposited in the innovations fund. 19 8 Sec. 26. Section 8.63, subsection 6, paragraph b, Code 19 9 Supplement 2003, is amended to read as follows: 19 10 b. If the department of management and the department of 19 11 revenue certify that the savings from a proposed innovations 19 12 fund project will result in a net increase in the balance of 19 13 the general fund of the state without a corresponding cost 19 14 savings to the requesting agency, and if the requesting agency 19 15 meets all other eligibility requirements, the innovations fund 19 16 committee may approve the loan for the project and not require 19 17 repayment by the requesting agency. There is appropriated 19 18 from the general fund of the state to the department of 19 19 management for deposit in the innovations fund an amount 19 20 sufficient to repay the loan amount, which amount shall not 19 21 exceed the principal amount of the loan plus interest on the 19 22 loan. 19 23 Sec. 27. Section 543B.14, Code 2003, is amended to read as 19 24 follows: 19 25 543B.14 FEES AND EXPENSES – FUNDS. 19 26 All fees and charges collected by the real estate 19 27 commission under this chapter shall be paid into the general 19 28 fund of the state, except thatthe equivalent of the greater19 29of ten dollars or forty percent per year of the fees forfifty 19 30 dollars from each real estate salesperson's license, plus the19 31equivalent of the greater of ten dollars or twenty-five19 32percent per year of the fees forand each broker's license 19 33 shall be paid into the Iowa real estate education fund created 19 34 in section 543B.54. All expenses incurred by the commission 19 35 under this chapter, including compensation of staff assigned 20 1 to the commission, shall be paid from funds appropriated for 20 2 those purposes, except for expenses incurred and compensation 20 3 paid for the real estate education director, which shall be 20 4 paid out of the real estate education fund. 20 5 Sec. 28. Section 543B.54, Code 2003, is amended to read as 20 6 follows: 20 7 543B.54 REAL ESTATE EDUCATION FUND. 20 8 The Iowa real estate education fund is created as a 20 9 financial assurance mechanism to assist in the establishment 20 10 and maintenance of a real estate education program at the 20 11 university of northern Iowa and to assist the real estate 20 12 commission in providing an education director. The fund is 20 13 created as a separate fund in the state treasury, and any 20 14 funds remaining in the fund at the end of each fiscal year 20 15 shall not revert to the general fund, but shall remain in the 20 16 Iowa real estate education fund.Seventy percent of the20 17moneys in the fundTwenty-five dollars per license from fees 20 18 deposited for each real estate salesperson's license and each 20 19 broker's license shall be distributed and are appropriated to 20 20 the board of regents for the purpose of establishing and 20 21 maintaining a real estate education program at the university 20 22 of northern Iowa.Thirty percent of theThe remaining moneys 20 23 in the fund shall be distributed and are appropriated to the 20 24 professional licensing and regulation division of the 20 25 department of commerce for the purpose of hiring and 20 26 compensating a real estate education director and regulatory 20 27 compliance personnel. 20 28 Sec. 29. SPAN OF CONTROL. The department of 20 29 administrative services, in consultation with the department 20 30 of management and after discussion and collaboration with 20 31 executive branch agencies, shall pursue a goal of increasing 20 32 the ratio of the number of employees per supervisor for 20 33 executive branch agencies in the aggregate to twelve employees 20 34 for one supervisor by December 31, 2005. 20 35 DIVISION II 21 1 AGRICULTURE AND NATURAL RESOURCES 21 2 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 21 3 GENERAL APPROPRIATIONS 21 4 Sec. 30. GENERAL DEPARTMENT APPROPRIATION. There is 21 5 appropriated from the general fund of the state to the 21 6 department of agriculture and land stewardship for the fiscal 21 7 year beginning July 1, 2004, and ending June 30, 2005, the 21 8 following amount, or so much thereof as is necessary, to be 21 9 used for the purposes designated: 21 10 a. For purposes of supporting the department, including 21 11 its divisions, for administration, regulation, and programs, 21 12 for salaries, support, maintenance, miscellaneous purposes, 21 13 and for not more than the following full-time equivalent 21 14 positions: 21 15 .................................................. $ 16,946,668 21 16 ............................................... FTEs 410.64 21 17 b. Of the amount appropriated in paragraph "a", the 21 18 department shall not expend less than $50,000 for salaries, 21 19 support, maintenance, and miscellaneous purposes of 21 20 administering the senior farmers market nutrition program 21 21 under the jurisdiction of the United States department of 21 22 agriculture. 21 23 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 21 24 DESIGNATED APPROPRIATIONS 21 25 Sec. 31. RIVER AUTHORITY. There is appropriated from the 21 26 general fund of the state to the department of agriculture and 21 27 land stewardship for the fiscal year beginning July 1, 2004, 21 28 and ending June 30, 2005, the following amount, or so much 21 29 thereof as is necessary, to be used for the purposes 21 30 designated: 21 31 For purposes of supporting the department's membership in 21 32 the state interagency Missouri river authority, created in 21 33 section 28L.1, in the Missouri river basin association: 21 34 .................................................. $ 9,535 21 35 Sec. 32. HORSE AND DOG RACING. There is appropriated from 22 1 the moneys available under section 99D.13 to the department of 22 2 agriculture and land stewardship for the fiscal year beginning 22 3 July 1, 2004, and ending June 30, 2005, the following amount, 22 4 or so much thereof as is necessary, to be used for the 22 5 purposes designated: 22 6 For salaries, support, maintenance, and miscellaneous 22 7 purposes for the administration of section 99D.22: 22 8 .................................................. $ 305,516 22 9 Sec. 33. DAIRY PRODUCTS CONTROL BUREAU. There is 22 10 appropriated from the general fund of the state to the 22 11 department of agriculture and land stewardship for the fiscal 22 12 year beginning July 1, 2004, and ending June 30, 2005, the 22 13 following amount, or so much thereof as is necessary, to be 22 14 used for the purposes designated: 22 15 For purposes of supporting the operations of the dairy 22 16 products control bureau, including salaries, support, 22 17 maintenance, and miscellaneous purposes: 22 18 .................................................. $ 632,170 22 19 Sec. 34. AVIAN INFLUENZA. There is appropriated from the 22 20 general fund of the state to the department of agriculture and 22 21 land stewardship for the fiscal year beginning July 1, 2004, 22 22 and ending June 30, 2005, the following amount, or so much 22 23 thereof as is necessary, to be used for the purpose 22 24 designated: 22 25 For the support of testing and monitoring avian influenza: 22 26 .................................................. $ 50,000 22 27 Notwithstanding section 8.33, moneys appropriated pursuant 22 28 to this section which are unencumbered or unobligated on June 22 29 30, 2005, shall not revert as provided in section 8.33. After 22 30 June 30, 2005, the department shall retain any such 22 31 unobligated or unencumbered moneys for the continued testing 22 32 and monitoring of avian influenza. 22 33 Sec. 35. SALE AND PURCHASE OF LABORATORY EQUIPMENT – 22 34 APPROPRIATIONS. Notwithstanding chapter 8A, the department of 22 35 administrative services shall conduct a sale of equipment or 23 1 devices owned by the department of agriculture and land 23 2 stewardship and used by laboratories operated by the 23 3 department of agriculture and land stewardship. The 23 4 department of administrative services shall conduct the sale 23 5 upon authorization of the department of agriculture and land 23 6 stewardship. The sale shall only include equipment and 23 7 devices that the department does not move to its new 23 8 laboratory building. The moneys from the sale are 23 9 appropriated to the department of agriculture and land 23 10 stewardship for the fiscal period beginning July 1, 2004, and 23 11 ending June 30, 2006. The moneys shall only be used to 23 12 replace, update, enhance, or supplement equipment or devices 23 13 used by laboratories operated by the department of agriculture 23 14 and land stewardship. However, the department shall not enter 23 15 into a lease-purchase agreement to obtain the equipment or 23 16 devices. Unencumbered and unobligated moneys remaining on 23 17 June 30, 2006, shall be deposited in the general fund of the 23 18 state in the same manner as a reversion under section 8.33. 23 19 DEPARTMENT OF NATURAL RESOURCES 23 20 GENERAL APPROPRIATIONS 23 21 Sec. 36. GENERAL DEPARTMENT APPROPRIATION. There is 23 22 appropriated from the general fund of the state to the 23 23 department of natural resources for the fiscal year beginning 23 24 July 1, 2004, and ending June 30, 2005, the following amount, 23 25 or so much thereof as is necessary, to be used for the 23 26 purposes designated: 23 27 For purposes of supporting the department, including its 23 28 divisions, for administration, regulation, and programs, for 23 29 salaries, support, maintenance, miscellaneous purposes, and 23 30 for not more than the following full-time equivalent 23 31 positions: 23 32 .................................................. $ 16,569,282 23 33 ............................................... FTEs 1080.12 23 34 Sec. 37. STATE FISH AND GAME PROTECTION FUND – 23 35 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 24 1 1. a. There is appropriated from the state fish and game 24 2 protection fund to the department of natural resources for the 24 3 fiscal year beginning July 1, 2004, and ending June 30, 2005, 24 4 the following amount, or so much thereof as is necessary, to 24 5 be used for the purposes designated: 24 6 For administrative support, and for salaries, support, 24 7 maintenance, equipment, and miscellaneous purposes: 24 8 .................................................. $ 30,715,335 24 9 b. Notwithstanding section 455A.10, the department may use 24 10 the unappropriated balance remaining in the fish and game 24 11 protection fund to provide for the funding of health and life 24 12 insurance premium payments from unused sick leave balances of 24 13 conservation peace officers employed in a protection 24 14 occupation who retire, pursuant to section 97B.49B. 24 15 2. The department shall not expend more moneys from the 24 16 fish and game protection fund than provided in this section, 24 17 unless the expenditure derives from contributions made by a 24 18 private entity, or a grant or moneys received from the federal 24 19 government, and is approved by the natural resource 24 20 commission. The department of natural resources shall 24 21 promptly notify the legislative services agency and the 24 22 chairpersons and ranking members of the joint appropriations 24 23 subcommittee on agriculture and natural resources concerning 24 24 the commission's approval. 24 25 DEPARTMENT OF NATURAL RESOURCES 24 26 RELATED TRANSFERS 24 27 Sec. 38. SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT 24 28 PURPOSES. There is transferred on July 1, 2004, from the fees 24 29 required to be deposited in the special conservation fund 24 30 under section 321G.7 to the fish and game protection fund and 24 31 appropriated to the department of natural resources for the 24 32 fiscal year beginning July 1, 2004, and ending June 30, 2005, 24 33 the following amount, or so much thereof as is necessary, to 24 34 be used for the purpose designated: 24 35 For enforcing snowmobile laws as part of the state 25 1 snowmobile program administered by the department of natural 25 2 resources: 25 3 .................................................. $ 100,000 25 4 Sec. 39. VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES. 25 5 There is transferred on July 1, 2004, from the fees required 25 6 to be deposited in the special conservation fund under section 25 7 462A.52 to the fish and game protection fund and appropriated 25 8 to the natural resource commission for the fiscal year 25 9 beginning July 1, 2004, and ending June 30, 2005, the 25 10 following amount, or so much thereof as is necessary, to be 25 11 used for the purpose designated: 25 12 For the administration and enforcement of navigation laws 25 13 and water safety: 25 14 .................................................. $ 1,400,000 25 15 Notwithstanding section 8.33, moneys transferred and 25 16 appropriated in this section that remain unencumbered or 25 17 unobligated at the close of the fiscal year shall not revert 25 18 to the credit of the fish and game protection fund but shall 25 19 be credited to the special conservation fund established by 25 20 section 462A.52 to be used as provided in that section. 25 21 DEPARTMENT OF NATURAL RESOURCES 25 22 DESIGNATED APPROPRIATIONS 25 23 Sec. 40. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 25 24 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 25 25 from the unassigned revenue fund administered by the Iowa 25 26 comprehensive underground storage tank fund board, to the 25 27 department of natural resources for the fiscal year beginning 25 28 July 1, 2004, and ending June 30, 2005, the following amount, 25 29 or so much thereof as is necessary, to be used for the purpose 25 30 designated: 25 31 For administration expenses of the underground storage tank 25 32 section of the department of natural resources: 25 33 .................................................. $ 200,000 25 34 Sec. 41. FLOODPLAIN PERMIT BACKLOG. Notwithstanding any 25 35 contrary provision of state law, for the fiscal year beginning 26 1 July 1, 2004, and ending June 30, 2005, the department of 26 2 natural resources may use additional funds available to the 26 3 department from stormwater discharge permit fees for the 26 4 staffing of the following additional full-time staff members 26 5 to reduce the department's floodplain permit backlog: 26 6 ............................................... FTEs 2.00 26 7 Sec. 42. IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY 26 8 LOAD PROGRAM. Notwithstanding any contrary provision of state 26 9 law, for the fiscal year beginning July 1, 2004, and ending 26 10 June 30, 2005, the department of natural resources may use 26 11 additional funds available to the department from stormwater 26 12 discharge permit fees for the staffing of the following 26 13 additional full-time equivalent positions for implementation 26 14 of the federal total maximum daily load program: 26 15 ............................................... FTEs 2.00 26 16 MISCELLANEOUS PROVISIONS 26 17 Sec. 43. Section 424.19, Code Supplement 2003, is amended 26 18 to read as follows: 26 19 424.19 FUTURE REPEAL. 26 20 This chapter is repealed effective June 30,20142016. 26 21 Sec. 44. CONTINGENT EFFECTIVENESS. The moneys 26 22 appropriated from the general fund of the state to the 26 23 department of agriculture and land stewardship for purposes of 26 24 supporting the testing and monitoring of avian influenza as 26 25 provided in this division of this Act shall not be effective 26 26 if 2004 Iowa Acts, Senate File 2194, is enacted. 26 27 Sec. 45. CONTINGENT EFFECTIVENESS. The amendment to 26 28 section 424.19, as provided in this division of this Act, is 26 29 effective only if 2004 Iowa Acts, House File 2401, is enacted. 26 30 DIVISION III 26 31 ECONOMIC DEVELOPMENT 26 32 Sec. 46. GOALS AND ACCOUNTABILITY. 26 33 1. The goals for the department of economic development 26 34 shall be to expand and stimulate the state economy, increase 26 35 the wealth of Iowans, and increase the population of the 27 1 state. 27 2 2. To achieve the goals in subsection 1, the department of 27 3 economic development shall do all of the following: 27 4 a. Concentrate its efforts on programs and activities that 27 5 result in commercially viable products and services. 27 6 b. Adopt practices and services consistent with free 27 7 market, private sector philosophies. 27 8 c. Ensure economic growth and development throughout the 27 9 state. 27 10 3. The department of economic development shall 27 11 demonstrate accountability by using performance measures 27 12 appropriate to show the attainment of the goals in subsection 27 13 1 for the state and by measuring the effectiveness and results 27 14 of the department's programs and activities. The performance 27 15 measures and associated benchmarks shall be developed or 27 16 identified in cooperation with the legislative services agency 27 17 and approved by the joint appropriations subcommittee on 27 18 economic development. The data demonstrating accountability 27 19 collected by the department shall be made readily available 27 20 and maintained in computer-readable format. 27 21 Sec. 47. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 27 22 appropriated from the general fund of the state to the 27 23 department of economic development for the fiscal year 27 24 beginning July 1, 2004, and ending June 30, 2005, the 27 25 following amounts, or so much thereof as is necessary, to be 27 26 used for the purposes designated: 27 27 1. ADMINISTRATION DIVISION 27 28 a. General administration 27 29 For salaries, support, maintenance, miscellaneous purposes, 27 30 programs, for the transfer to the Iowa state commission grant 27 31 program, and for not more than the following full-time 27 32 equivalent positions: 27 33 .................................................. $ 1,562,332 27 34 ............................................... FTEs 28.75 27 35 b. The department shall work with businesses and 28 1 communities to continually improve the economic development 28 2 climate along with the economic well-being and quality of life 28 3 for Iowans. The administration division shall coordinate with 28 4 other state agencies ensuring that all state departments are 28 5 attentive to the needs of an entrepreneurial culture. 28 6 2. BUSINESS DEVELOPMENT DIVISION 28 7 a. Business development operations 28 8 For business development operations and programs, 28 9 international trade, export assistance, workforce recruitment, 28 10 the partner state program, for transfer to the strategic 28 11 investment fund, for transfer to the value-added agricultural 28 12 products and processes financial assistance fund, salaries, 28 13 support, maintenance, miscellaneous purposes, and for not more 28 14 than the following full-time equivalent positions: 28 15 .................................................. $ 6,084,500 28 16 ............................................... FTEs 57.00 28 17 b. The department shall establish a strong and aggressive 28 18 marketing image to showcase Iowa's workforce, existing 28 19 industry, and potential. A priority shall be placed on 28 20 recruiting new businesses, business expansion, and retaining 28 21 existing Iowa businesses. Emphasis shall also be placed on 28 22 entrepreneurial development through helping to secure capital 28 23 for entrepreneurs, and developing networks and a business 28 24 climate conducive to entrepreneurs and small business. 28 25 c. Notwithstanding section 8.33, moneys appropriated in 28 26 this subsection that remain unencumbered or unobligated at the 28 27 close of the fiscal year shall not revert but shall remain 28 28 available for expenditure for the purposes designated until 28 29 the close of the succeeding fiscal year. 28 30 3. COMMUNITY DEVELOPMENT DIVISION 28 31 a. Community development programs 28 32 For salaries, support, maintenance, miscellaneous purposes, 28 33 community economic development programs, tourism operations, 28 34 community assistance, the film office, the mainstreet and 28 35 rural mainstreet programs, the school-to-career program, the 29 1 community development block grant, and housing and shelter- 29 2 related programs and for not more than the following full-time 29 3 equivalent positions: 29 4 .................................................. $ 5,730,725 29 5 ............................................... FTEs 61.75 29 6 b. The department shall encourage development of 29 7 communities and quality of life to foster economic growth. 29 8 The department shall prepare communities for future growth and 29 9 development through development, expansion, and modernization 29 10 of infrastructure. 29 11 c. The department shall develop public-private 29 12 partnerships with Iowa businesses in the tourism industry, 29 13 Iowa tour groups, Iowa tourism organizations, and political 29 14 subdivisions in this state to assist in the development of 29 15 advertising efforts. The department shall, to the fullest 29 16 extent possible, develop cooperative efforts for advertising 29 17 with contributions from other sources. 29 18 d. Notwithstanding section 8.33, moneys appropriated in 29 19 this subsection that remain unencumbered or unobligated at the 29 20 close of the fiscal year shall not revert to any fund but 29 21 shall remain available for expenditure for the designated 29 22 purposes during the succeeding fiscal year. 29 23 4. For allocating moneys for the world food prize: 29 24 .................................................. $ 285,000 29 25 Sec. 48. VISION IOWA PROGRAM – FTE AUTHORIZATION. For 29 26 purposes of administrative duties associated with the vision 29 27 Iowa program, the department of economic development is 29 28 authorized an additional 2.25 full-time equivalent positions 29 29 above those otherwise authorized in this division of this Act. 29 30 Sec. 49. RURAL COMMUNITY 2000 PROGRAM. There is 29 31 appropriated from loan repayments on loans under the former 29 32 rural community 2000 program, sections 15.281 through 15.288, 29 33 Code 2001, to the department of economic development for the 29 34 fiscal year beginning July 1, 2004, and ending June 30, 2005, 29 35 the following amounts, or so much thereof as is necessary, to 30 1 be used for the purposes designated: 30 2 1. For providing financial assistance to Iowa's councils 30 3 of governments that provide technical and planning assistance 30 4 to local governments: 30 5 .................................................. $ 150,000 30 6 2. For the rural development program for the purposes of 30 7 the program including the rural enterprise fund and 30 8 collaborative skills development training: 30 9 .................................................. $ 120,000 30 10 Sec. 50. INSURANCE ECONOMIC DEVELOPMENT. There is 30 11 appropriated from moneys collected by the division of 30 12 insurance in excess of the anticipated gross revenues under 30 13 section 505.7, subsection 3, to the department of economic 30 14 development for the fiscal year beginning July 1, 2004, and 30 15 ending June 30, 2005, the following amount, or so much thereof 30 16 as is necessary, for insurance economic development and 30 17 international insurance economic development: 30 18 .................................................. $ 100,000 30 19 Sec. 51. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 30 20 section 15E.120, subsection 5, there is appropriated from the 30 21 Iowa community development loan fund all the moneys available 30 22 during the fiscal year beginning July 1, 2004, and ending June 30 23 30, 2005, to the department of economic development for the 30 24 community development program to be used by the department for 30 25 the purposes of the program. 30 26 Sec. 52. WORKFORCE DEVELOPMENT FUND. There is 30 27 appropriated from the workforce development fund account 30 28 created in section 15.342A, to the workforce development fund 30 29 created in section 15.343, for the fiscal year beginning July 30 30 1, 2004, and ending June 30, 2005, the following amount, for 30 31 the purposes of the workforce development fund, and for not 30 32 more than the following full-time equivalent positions: 30 33 .................................................. $ 4,000,000 30 34 ............................................... FTEs 4.00 30 35 Sec. 53. WORKFORCE DEVELOPMENT ADMINISTRATION. From funds 31 1 appropriated or transferred to or receipts credited to the 31 2 workforce development fund created in section 15.343, up to 31 3 $400,000 for the fiscal year beginning July 1, 2004, and 31 4 ending June 30, 2005, may be used for the administration of 31 5 workforce development activities including salaries, support, 31 6 maintenance, and miscellaneous purposes and for not more than 31 7 4.00 full-time equivalent positions. 31 8 Sec. 54. JOB TRAINING FUND. Notwithstanding section 31 9 15.251, all remaining moneys in the job training fund on July 31 10 1, 2004, and any moneys appropriated or credited to the fund 31 11 during the fiscal year beginning July 1, 2004, shall be 31 12 transferred to the workforce development fund established 31 13 pursuant to section 15.343. 31 14 Sec. 55. IOWA STATE UNIVERSITY. 31 15 1. There is appropriated from the general fund of the 31 16 state to the Iowa state university of science and technology 31 17 for the fiscal year beginning July 1, 2004, and ending June 31 18 30, 2005, the following amount, or so much thereof as is 31 19 necessary, to be used for small business development centers, 31 20 the science and technology research park, the institute for 31 21 physical research, and for not more than the following full- 31 22 time equivalent positions: 31 23 .................................................. $ 2,363,557 31 24 ............................................... FTEs 56.53 31 25 2. Of the moneys appropriated in subsection 1, Iowa state 31 26 university shall allocate at least $550,000 for purposes of 31 27 funding small business development centers. Small business 31 28 development centers shall be located equally throughout the 31 29 different regions of the state. Iowa state university may 31 30 allocate moneys appropriated in subsection 1 to the various 31 31 small business development centers in any manner necessary to 31 32 achieve the purposes of this subsection. 31 33 3. Iowa state university of science and technology shall 31 34 do all of the following: 31 35 a. Direct expenditures for research toward projects that 32 1 will provide economic stimulus for Iowa. 32 2 b. Emphasize that a business and an individual that 32 3 creates a business and receives benefits from a program 32 4 funded, in part, through moneys appropriated in this section 32 5 have a commercially viable product or service. 32 6 c. Provide emphasis to providing services to Iowa-based 32 7 companies. 32 8 4. It is the intent of the general assembly that the 32 9 industrial incentive program focus on Iowa industrial sectors 32 10 and seek contributions and in-kind donations from businesses, 32 11 industrial foundations, and trade associations and that moneys 32 12 for the institute for physical research and technology 32 13 industrial incentive program shall only be allocated for 32 14 projects which are matched by private sector moneys for 32 15 directed contract research or for nondirected research. The 32 16 match required of small businesses as defined in section 32 17 15.102, subsection 4, for directed contract research or for 32 18 nondirected research shall be $1 for each $3 of state funds. 32 19 The match required for other businesses for directed contract 32 20 research or for nondirected research shall be $1 for each $1 32 21 of state funds. The match required of industrial foundations 32 22 or trade associations shall be $1 for each $1 of state funds. 32 23 Iowa state university of science and technology shall 32 24 report annually to the joint appropriations subcommittee on 32 25 economic development and the legislative services agency the 32 26 total amount of private contributions, the proportion of 32 27 contributions from small businesses and other businesses, and 32 28 the proportion for directed contract research and nondirected 32 29 research of benefit to Iowa businesses and industrial sectors. 32 30 Notwithstanding section 8.33, moneys appropriated in this 32 31 section that remain unencumbered or unobligated at the close 32 32 of the fiscal year shall not revert but shall remain available 32 33 for expenditure for the purposes designated until the close of 32 34 the succeeding fiscal year. 32 35 Sec. 56. UNIVERSITY OF IOWA. 33 1 1. There is appropriated from the general fund of the 33 2 state to the state university of Iowa for the fiscal year 33 3 beginning July 1, 2004, and ending June 30, 2005, the 33 4 following amount, or so much thereof as is necessary, to be 33 5 used for the university of Iowa research park and for the 33 6 advanced drug development program at the Oakdale research 33 7 park, including salaries, support, maintenance, equipment, 33 8 miscellaneous purposes, and for not more than the following 33 9 full-time equivalent positions: 33 10 .................................................. $ 247,005 33 11 ............................................... FTEs 6.00 33 12 2. The university of Iowa shall do all of the following: 33 13 a. Direct expenditures for research toward projects that 33 14 will provide economic stimulus for Iowa. 33 15 b. Emphasize that a business and an individual that 33 16 creates a business and receives benefits from a program 33 17 funded, in part, through moneys appropriated in this section 33 18 have a commercially viable product or service. 33 19 c. Provide emphasis to providing services to Iowa-based 33 20 companies. 33 21 3. The board of regents shall submit a report on the 33 22 progress of regents institutions in meeting the strategic plan 33 23 for technology transfer and economic development to the 33 24 secretary of the senate, the chief clerk of the house of 33 25 representatives, and the legislative services agency by 33 26 January 15, 2005. 33 27 4. Notwithstanding section 8.33, moneys appropriated in 33 28 this section that remain unencumbered or unobligated at the 33 29 close of the fiscal year shall not revert but shall remain 33 30 available for expenditure for the purposes designated until 33 31 the close of the succeeding fiscal year. 33 32 Sec. 57. UNIVERSITY OF NORTHERN IOWA. 33 33 1. There is appropriated from the general fund of the 33 34 state to the university of northern Iowa for the fiscal year 33 35 beginning July 1, 2004, and ending June 30, 2005, the 34 1 following amount, or so much thereof as is necessary, to be 34 2 used for the metal casting institute, and for the institute of 34 3 decision making, including salaries, support, maintenance, 34 4 miscellaneous purposes, and for not more than the following 34 5 full-time equivalent positions: 34 6 .................................................. $ 361,291 34 7 ............................................... FTEs 4.75 34 8 2. The university of northern Iowa shall do all of the 34 9 following: 34 10 a. Direct expenditures for research toward projects that 34 11 will provide economic stimulus for Iowa. 34 12 b. Emphasize that a business and an individual that 34 13 creates a business and receives benefits from a program 34 14 funded, in part, through moneys appropriated in this section 34 15 have a commercially viable product or service. 34 16 c. Provide emphasis to providing services to Iowa-based 34 17 companies. 34 18 3. Notwithstanding section 8.33, moneys appropriated in 34 19 this section that remain unencumbered or unobligated at the 34 20 close of the fiscal year shall not revert but shall remain 34 21 available for expenditure for the purposes designated until 34 22 the close of the succeeding fiscal year. 34 23 Sec. 58. DEPARTMENT OF WORKFORCE DEVELOPMENT. 34 24 1. There is appropriated from the general fund of the 34 25 state to the department of workforce development for the 34 26 fiscal year beginning July 1, 2004, and ending June 30, 2005, 34 27 the following amount, or so much thereof as is necessary, for 34 28 the division of labor services, the division of workers' 34 29 compensation, the workforce development state and regional 34 30 boards, the new employment opportunity fund, salaries, 34 31 support, maintenance, miscellaneous purposes, and for not more 34 32 than the following full-time equivalent positions: 34 33 .................................................. $ 4,889,124 34 34 ............................................... FTEs 94.20 34 35 2. From the contractor registration fees, the division of 35 1 labor services shall reimburse the department of inspections 35 2 and appeals for all costs associated with hearings under 35 3 chapter 91C, relating to contractor registration. 35 4 3. The division of workers' compensation shall continue 35 5 charging a $65 filing fee for workers' compensation cases. 35 6 The filing fee shall be paid by the petitioner of a claim. 35 7 However, the fee can be taxed as a cost and paid by the losing 35 8 party, except in cases where it would impose an undue hardship 35 9 or be unjust under the circumstances. 35 10 4. Notwithstanding section 8.33, moneys appropriated in 35 11 this section that remain unencumbered or unobligated at the 35 12 close of the fiscal year shall not revert but shall remain 35 13 available for expenditure for the purposes designated until 35 14 the close of the succeeding fiscal year. 35 15 Sec. 59. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. 35 16 Notwithstanding section 96.7, subsection 12, paragraph "c", 35 17 there is appropriated from the administrative contribution 35 18 surcharge fund of the state to the department of workforce 35 19 development for the fiscal year beginning July 1, 2004, and 35 20 ending June 30, 2005, any moneys remaining in the 35 21 administrative contribution surcharge fund on June 30, 2004, 35 22 and the entire amount collected during the fiscal year 35 23 beginning July 1, 2004, and ending June 30, 2005, or so much 35 24 thereof as is necessary, for salaries, support, maintenance, 35 25 conducting labor market surveys, miscellaneous purposes, and 35 26 for workforce development regional advisory board member 35 27 expenses. 35 28 Sec. 60. EMPLOYMENT SECURITY CONTINGENCY FUND. There is 35 29 appropriated from the special employment security contingency 35 30 fund to the department of workforce development for the fiscal 35 31 year beginning July 1, 2004, and ending June 30, 2005, the 35 32 following amounts, or so much thereof as is necessary, for the 35 33 purposes designated: 35 34 1. DIVISION OF WORKERS' COMPENSATION 35 35 For salaries, support, maintenance, and miscellaneous 36 1 purposes: 36 2 .................................................. $ 471,000 36 3 2. IMMIGRATION SERVICE CENTERS 36 4 For salaries, support, maintenance, and miscellaneous 36 5 purposes for the pilot immigration service centers: 36 6 .................................................. $ 160,000 36 7 The department of workforce development shall maintain 36 8 pilot immigration service centers that offer one-stop services 36 9 to deal with the multiple issues related to immigration and 36 10 employment. The pilot centers shall be designed to support 36 11 workers, businesses, and communities with information, 36 12 referrals, job placement assistance, translation, language 36 13 training, resettlement, as well as technical and legal 36 14 assistance on such issues as forms and documentation. Through 36 15 the coordination of local, state, and federal service 36 16 providers, and through the development of partnerships with 36 17 public, private, and nonprofit entities with established 36 18 records of international service, these pilot centers shall 36 19 seek to provide a seamless service delivery system for new 36 20 Iowans. 36 21 Any remaining additional penalty and interest revenue may 36 22 be allocated and used to accomplish the mission of the 36 23 department. 36 24 Sec. 61. PUBLIC EMPLOYMENT RELATIONS BOARD. There is 36 25 appropriated from the general fund of the state to the public 36 26 employment relations board for the fiscal year beginning July 36 27 1, 2004, and ending June 30, 2005, the following amount, or so 36 28 much thereof as is necessary, for the purposes designated: 36 29 For salaries, support, maintenance, miscellaneous purposes, 36 30 and for not more than the following full-time equivalent 36 31 positions: 36 32 .................................................. $ 895,752 36 33 ............................................... FTEs 10.00 36 34 Sec. 62. IOWA COMMUNITY COLLEGE ONE SOURCE TRAINING 36 35 INITIATIVE. In the interest of putting an emphasis on the 37 1 software and information technology sector in this state, the 37 2 Iowa community college one source training initiative is 37 3 encouraged to explore a partnership with software and 37 4 information technology of Iowa to identify methods of funding 37 5 the training and retraining needs of the software and 37 6 information technology sector in Iowa. To the extent 37 7 possible, funding from the workforce training and economic 37 8 development moneys in the grow Iowa values fund should be 37 9 considered as a potential funding source for these purposes. 37 10 Sec. 63. VALUE-ADDED AGRICULTURAL PRODUCTS AND PROCESSES 37 11 FINANCIAL ASSISTANCE FUND MONEYS. The office of renewable 37 12 fuels and coproducts may apply to the department of economic 37 13 development for moneys in the value-added agricultural 37 14 products and processes financial assistance fund for deposit 37 15 in the renewable fuels and coproducts fund created in section 37 16 159A.7. 37 17 Sec. 64. IOWA FINANCE AUTHORITY AUDIT. The auditor of 37 18 state is requested to review the audit of the Iowa finance 37 19 authority performed by the auditor hired by the authority. 37 20 The auditor of state is also requested to conduct a 37 21 performance audit of the authority to determine the 37 22 effectiveness of the authority and the programs of the 37 23 authority. 37 24 Sec. 65. APPLICATION FOR DEPARTMENT OF ECONOMIC 37 25 DEVELOPMENT MONEYS. For the fiscal year beginning July 1, 37 26 2004, any entity that was specifically identified in 2001 Iowa 37 27 Acts, chapter 188, to receive funding from the department of 37 28 economic development, excluding any entity identified to 37 29 receive a direct appropriation beginning July 1, 2004, may 37 30 apply to the department for assistance through the appropriate 37 31 program. The department shall provide application criteria 37 32 necessary to implement this section. 37 33 Sec. 66. EXPENDITURE AND ALLOCATION REPORTS. The 37 34 department of economic development, the department of 37 35 workforce development, and the regents institutions receiving 38 1 an appropriation pursuant to this division of this Act shall 38 2 file a written report on a quarterly basis with the 38 3 chairpersons and ranking members of the joint appropriations 38 4 subcommittee on economic development and the legislative 38 5 services agency regarding all expenditures of moneys 38 6 appropriated pursuant to this division of this Act during the 38 7 quarter, allocations of moneys appropriated pursuant to this 38 8 Act during the quarter, and full-time equivalent positions 38 9 allocated during the quarter. 38 10 Sec. 67. SHELTER ASSISTANCE FUND. In providing moneys 38 11 from the shelter assistance fund to homeless shelter programs 38 12 in the fiscal year beginning July 1, 2004, and ending June 30, 38 13 2005, the department of economic development shall explore the 38 14 potential of allocating moneys to homeless shelter programs 38 15 based in part on their ability to move their clients toward 38 16 self-sufficiency. 38 17 Sec. 68. FEDERAL GRANTS. All federal grants to and the 38 18 federal receipts of agencies appropriated funds under this 38 19 division of this Act, not otherwise appropriated, are 38 20 appropriated for the purposes set forth in the federal grants 38 21 or receipts unless otherwise provided by the general assembly. 38 22 Sec. 69. UNEMPLOYMENT COMPENSATION PROGRAM. 38 23 Notwithstanding section 96.9, subsection 4, paragraph "a", 38 24 moneys credited to the state by the secretary of the treasury 38 25 of the United States pursuant to section 903 of the Social 38 26 Security Act shall be appropriated to the department of 38 27 workforce development and shall be used by the department for 38 28 the administration of the unemployment compensation program 38 29 only. This appropriation shall not apply to any fiscal year 38 30 beginning after December 31, 2004. 38 31 Sec. 70. PAYROLL EXPENDITURE REFUNDS. There is 38 32 appropriated from the general fund of the state to the 38 33 department of economic development for the fiscal year 38 34 beginning July 1, 2004, and ending June 30, 2005, $27,786, or 38 35 so much thereof as is necessary, to pay refunds as provided 39 1 under section 15.365. 39 2 DIVISION IV 39 3 EDUCATION 39 4 COLLEGE STUDENT AID COMMISSION 39 5 Sec. 71. There is appropriated from the general fund of 39 6 the state to the college student aid commission for the fiscal 39 7 year beginning July 1, 2004, and ending June 30, 2005, the 39 8 following amounts, or so much thereof as may be necessary, to 39 9 be used for the purposes designated: 39 10 1. GENERAL ADMINISTRATION 39 11 For salaries, support, maintenance, miscellaneous purposes, 39 12 and for not more than the following full-time equivalent 39 13 positions: 39 14 .................................................. $ 298,825 39 15 ............................................... FTEs 4.30 39 16 2. STUDENT AID PROGRAMS 39 17 For payments to students for the Iowa grant program: 39 18 .................................................. $ 1,029,784 39 19 3. DES MOINES UNIVERSITY – OSTEOPATHIC MEDICAL CENTER 39 20 For the Des Moines university – osteopathic medical center 39 21 for an initiative in primary health care to direct primary 39 22 care physicians to shortage areas in the state: 39 23 .................................................. $ 346,451 39 24 4. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 39 25 For purposes of providing national guard educational 39 26 assistance under the program established in section 261.86: 39 27 .................................................. $ 2,900,000 39 28 5. TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM 39 29 For the teacher shortage forgivable loan program 39 30 established in section 261.111: 39 31 .................................................. $ 460,472 39 32 Sec. 72. WORK-STUDY APPROPRIATION NULLIFICATION FOR FY 39 33 2004-2005. Notwithstanding section 261.85, for the fiscal 39 34 year beginning July 1, 2004, and ending June 30, 2005, the 39 35 amount appropriated for the work-study program under section 40 1 261.85 shall be zero. 40 2 DEPARTMENT FOR THE BLIND 40 3 Sec. 73. ADMINISTRATION. There is appropriated from the 40 4 general fund of the state to the department for the blind for 40 5 the fiscal year beginning July 1, 2004, and ending June 30, 40 6 2005, the following amount, or so much thereof as is 40 7 necessary, to be used for the purposes designated: 40 8 For salaries, support, maintenance, miscellaneous purposes 40 9 and for not more than the following full-time equivalent 40 10 positions: 40 11 .................................................. $ 1,541,907 40 12 ............................................... FTEs 109.51 40 13 DEPARTMENT OF CULTURAL AFFAIRS 40 14 Sec. 74. There is appropriated from the general fund of 40 15 the state to the department of cultural affairs for the fiscal 40 16 year beginning July 1, 2004, and ending June 30, 2005, the 40 17 following amounts, or so much thereof as is necessary, to be 40 18 used for the purposes designated: 40 19 1. ADMINISTRATION 40 20 For salaries, support, maintenance, miscellaneous purposes, 40 21 and for not more than the following full-time equivalent 40 22 positions: 40 23 .................................................. $ 214,475 40 24 ............................................... FTEs 1.17 40 25 The department of cultural affairs shall coordinate 40 26 activities with the tourism office of the department of 40 27 economic development to promote attendance at the state 40 28 historical building and at this state's historic sites. 40 29 2. COMMUNITY CULTURAL GRANTS 40 30 For planning and programming for the community cultural 40 31 grants program established under section 303.3: 40 32 .................................................. $ 299,240 40 33 3. HISTORICAL DIVISION 40 34 For salaries, support, maintenance, miscellaneous purposes, 40 35 and for not more than the following full-time equivalent 41 1 positions: 41 2 .................................................. $ 2,868,725 41 3 ............................................... FTEs 54.78 41 4 4. HISTORIC SITES 41 5 For salaries, support, maintenance, miscellaneous purposes, 41 6 and for not more than the following full-time equivalent 41 7 positions: 41 8 .................................................. $ 526,459 41 9 ............................................... FTEs 8.00 41 10 5. ARTS DIVISION 41 11 For salaries, support, maintenance, miscellaneous purposes, 41 12 including funds to match federal grants and for not more than 41 13 the following full-time equivalent positions: 41 14 .................................................. $ 1,157,486 41 15 ............................................... FTEs 7.55 41 16 DEPARTMENT OF EDUCATION 41 17 Sec. 75. There is appropriated from the general fund of 41 18 the state to the department of education for the fiscal year 41 19 beginning July 1, 2004, and ending June 30, 2005, the 41 20 following amounts, or so much thereof as may be necessary, to 41 21 be used for the purposes designated: 41 22 1. GENERAL ADMINISTRATION 41 23 For salaries, support, maintenance, miscellaneous purposes, 41 24 and for not more than the following full-time equivalent 41 25 positions: 41 26 .................................................. $ 5,168,114 41 27 ............................................... FTEs 85.65 41 28 The director of the department of education shall ensure 41 29 that all school districts are aware of the state education 41 30 resources available on the state website for listing teacher 41 31 job openings and shall make every reasonable effort to enable 41 32 qualified practitioners to post their resumes on the state 41 33 website. The department shall administer the posting of job 41 34 vacancies for school districts, accredited nonpublic schools, 41 35 and area education agencies on the state website. The 42 1 department may coordinate this activity with the Iowa school 42 2 board association or other interested education associations 42 3 in the state. 42 4 2. VOCATIONAL EDUCATION ADMINISTRATION 42 5 For salaries, support, maintenance, miscellaneous purposes, 42 6 and for not more than the following full-time equivalent 42 7 positions: 42 8 .................................................. $ 514,828 42 9 ............................................... FTEs 18.25 42 10 3. VOCATIONAL REHABILITATION SERVICES DIVISION 42 11 a. For salaries, support, maintenance, miscellaneous 42 12 purposes, and for not more than the following full-time 42 13 equivalent positions: 42 14 .................................................. $ 4,278,784 42 15 ............................................... FTEs 281.50 42 16 The division of vocational rehabilitation services shall 42 17 seek funding from other sources, such as local funds, for 42 18 purposes of matching the state's federal vocational 42 19 rehabilitation allocation, as well as for matching other 42 20 federal vocational rehabilitation funding that may become 42 21 available. 42 22 Except where prohibited under federal law, the division of 42 23 vocational rehabilitation services of the department of 42 24 education shall accept client assessments, or assessments of 42 25 potential clients, performed by other agencies in order to 42 26 reduce duplication of effort. 42 27 Notwithstanding the full-time equivalent position limit 42 28 established in this lettered paragraph, for the fiscal year 42 29 ending June 30, 2005, if federal funding is received to pay 42 30 the costs of additional employees for the vocational 42 31 rehabilitation services division who would have duties 42 32 relating to vocational rehabilitation services paid for 42 33 through federal funding, authorization to hire not more than 42 34 4.00 additional full-time equivalent employees shall be 42 35 provided, the full-time equivalent position limit shall be 43 1 exceeded, and the additional employees shall be hired by the 43 2 division. 43 3 b. For matching funds for programs to enable persons with 43 4 severe physical or mental disabilities to function more 43 5 independently, including salaries and support, and for not 43 6 more than the following full-time equivalent position: 43 7 .................................................. $ 54,150 43 8 ............................................... FTEs 1.00 43 9 The highest priority use for the moneys appropriated under 43 10 this lettered paragraph shall be for programs that emphasize 43 11 employment and assist persons with severe physical or mental 43 12 disabilities to find and maintain employment to enable them to 43 13 function more independently. 43 14 4. STATE LIBRARY 43 15 a. For salaries, support, maintenance, miscellaneous 43 16 purposes, and for not more than the following full-time 43 17 equivalent positions: 43 18 .................................................. $ 1,262,603 43 19 ............................................... FTEs 18.00 43 20 b. For the enrich Iowa program: 43 21 .................................................. $ 1,698,432 43 22 (1) Funds allocated for purposes of the enrich Iowa 43 23 program as provided in this lettered paragraph shall be 43 24 distributed by the division of libraries and information 43 25 services to provide support for Iowa's libraries. The 43 26 commission of libraries shall develop rules governing the 43 27 allocation of funds provided by the general assembly for the 43 28 enrich Iowa program to provide direct state assistance to 43 29 public libraries and to fund the open access and access plus 43 30 programs. Direct state assistance to eligible public 43 31 libraries is provided as an incentive to improve library 43 32 services and to reduce inequities among communities in the 43 33 delivery of library services based on recognized and adopted 43 34 performance measures. Funds distributed as direct state 43 35 assistance shall be distributed to eligible public libraries 44 1 that are in compliance with performance measures adopted by 44 2 rule by the commission of libraries. The funds allocated as 44 3 provided in this lettered paragraph shall not be used for the 44 4 costs of administration by the division. The amount of direct 44 5 state assistance distributed under the enrich Iowa program for 44 6 the fiscal year beginning July 1, 2004, shall not be lower 44 7 than the amount distributed under the enrich Iowa program for 44 8 the fiscal year commencing July 1, 2003. The amount of direct 44 9 state assistance distributed to each eligible public library 44 10 shall be based upon the following: 44 11 (a) The level of compliance by the eligible public library 44 12 with the performance measures adopted by the commission as 44 13 provided in this subparagraph. 44 14 (b) The number of people residing within an eligible 44 15 library's geographic service area for whom the library 44 16 provides services. 44 17 (c) The amount of other funding the eligible public 44 18 library received in the previous fiscal year for providing 44 19 services to rural residents and to contracting communities. 44 20 (2) Moneys received by a public library under this 44 21 lettered paragraph shall supplement, not supplant, any other 44 22 funding received by the library. 44 23 (3) For purposes of this section, "eligible public 44 24 library" means a public library that meets all of the 44 25 following requirements: 44 26 (a) Submits to the division all of the following: 44 27 (i) The report provided for under section 256.51, 44 28 subsection 1, paragraph "h". 44 29 (ii) An application and accreditation report, in a format 44 30 approved by the commission, that provides evidence of the 44 31 library's compliance with at least one level of the standards 44 32 established in accordance with section 256.51, subsection 1, 44 33 paragraph "k". 44 34 (iii) Any other application or report the division deems 44 35 necessary for the implementation of the enrich Iowa program. 45 1 (b) Participates in the library resource and information 45 2 sharing programs established by the state library. 45 3 (c) Is a public library established by city ordinance or a 45 4 library district as provided in chapter 336. 45 5 (4) Each eligible public library shall maintain a separate 45 6 listing within its budget for payments received and 45 7 expenditures made pursuant to this lettered paragraph, and 45 8 shall annually submit this listing to the division. 45 9 (5) By January 15, 2006, the division shall submit a 45 10 program evaluation report to the general assembly and the 45 11 governor detailing the uses and the impacts of funds allocated 45 12 under this lettered paragraph. 45 13 (6) A public library that receives funds in accordance 45 14 with this lettered paragraph shall have an internet use policy 45 15 in place, which may or may not include internet filtering. 45 16 The library shall submit a report describing the library's 45 17 internet use efforts to the division. 45 18 (7) A public library that receives funds in accordance 45 19 with this lettered paragraph shall provide open access, the 45 20 reciprocal borrowing program, as a service to its patrons, at 45 21 a reimbursement rate determined by the state library. 45 22 5. LIBRARY SERVICE AREA SYSTEM 45 23 For state aid: 45 24 .................................................. $ 1,376,558 45 25 6. PUBLIC BROADCASTING DIVISION 45 26 For salaries, support, maintenance, capital expenditures, 45 27 miscellaneous purposes, and for not more than the following 45 28 full-time equivalent positions: 45 29 .................................................. $ 6,568,514 45 30 ............................................... FTEs 78.00 45 31 7. REGIONAL TELECOMMUNICATIONS COUNCILS 45 32 For state aid and for not more than the following full-time 45 33 equivalent positions: 45 34 .................................................. $ 1,600,806 45 35 ............................................... FTEs 6.00 46 1 a. Of the amount appropriated in this subsection, $360,328 46 2 shall be allocated to the public broadcasting division for 46 3 purposes of providing support for functions related to the 46 4 Iowa communications network, including but not limited to the 46 5 following functions: development of distance learning 46 6 applications; development of a central information source on 46 7 the internet relating to educational uses of the network; 46 8 second-line technical support for network sites; testing and 46 9 initializing sites onto the network; and coordinating the work 46 10 of the education telecommunications council. 46 11 b. Of the amount appropriated in this subsection, 46 12 $1,240,478 shall be allocated to the regional 46 13 telecommunications councils established in section 8D.5. The 46 14 regional telecommunications councils shall use the funds to 46 15 provide technical assistance for network classrooms, planning 46 16 and troubleshooting for local area networks, scheduling of 46 17 video sites, and other related support activities. 46 18 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 46 19 For reimbursement for vocational education expenditures 46 20 made by secondary schools: 46 21 .................................................. $ 2,936,904 46 22 Funds appropriated in this subsection shall be used for 46 23 expenditures made by school districts to meet the standards 46 24 set in sections 256.11, 258.4, and 260C.14 as a result of the 46 25 enactment of 1989 Iowa Acts, chapter 278. Funds shall be used 46 26 as reimbursement for vocational education expenditures made by 46 27 secondary schools in the manner provided by the department of 46 28 education for implementation of the standards set in 1989 Iowa 46 29 Acts, chapter 278. 46 30 9. SCHOOL FOOD SERVICE 46 31 For use as state matching funds for federal programs that 46 32 shall be disbursed according to federal regulations, including 46 33 salaries, support, maintenance, and miscellaneous purposes: 46 34 .................................................. $ 2,509,683 46 35 10. IOWA EMPOWERMENT FUND 47 1 For deposit in the school ready children grants account of 47 2 the Iowa empowerment fund created in section 28.9: 47 3 .................................................. $ 13,381,594 47 4 a. From the moneys deposited in the school ready children 47 5 grants account for the fiscal year beginning July 1, 2004, and 47 6 ending June 30, 2005, not more than $200,000 is allocated for 47 7 the community empowerment office and other technical 47 8 assistance activities. It is the intent of the general 47 9 assembly that regional technical assistance teams will be 47 10 established and will include staff from various agencies, as 47 11 appropriate, including the area education agencies, community 47 12 colleges, and the Iowa state university of science and 47 13 technology cooperative extension service in agriculture and 47 14 home economics. The Iowa empowerment board shall direct staff 47 15 to work with the advisory council to inventory technical 47 16 assistance needs. Funds allocated under this lettered 47 17 paragraph may be used by the Iowa empowerment board for the 47 18 purpose of skills development and support for ongoing training 47 19 of the regional technical assistance teams. However, funds 47 20 shall not be used for additional staff or for the 47 21 reimbursement of staff. 47 22 b. Notwithstanding any other provision of law to the 47 23 contrary, the community empowerment office shall use the 47 24 documentation created by the legislative services agency to 47 25 continue the implementation of the four-year phase-in period 47 26 of the distribution formula approved by the community 47 27 empowerment board. 47 28 c. As a condition of receiving funding appropriated in 47 29 this subsection, each community empowerment area board shall 47 30 report to the Iowa empowerment board progress on each of the 47 31 state indicators approved by the state board, as well as 47 32 progress on local indicators. The community empowerment area 47 33 board must also submit a written plan amendment extending by 47 34 one year the area's comprehensive school ready children grant 47 35 plan developed for providing services for children from birth 48 1 through five years of age and provide other information 48 2 specified by the Iowa empowerment board. The amendment may 48 3 also provide for changes in the programs and services provided 48 4 under the plan. The Iowa empowerment board shall establish a 48 5 submission deadline for the plan amendment that allows a 48 6 reasonable period of time for preparation of the plan 48 7 amendment and for review and approval or request for 48 8 modification of the plan amendment by the Iowa empowerment 48 9 board. In addition, the community empowerment board must 48 10 continue to comply with reporting provisions and other 48 11 requirements adopted by the Iowa empowerment board in 48 12 implementing section 28.8. 48 13 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 48 14 To provide funds for costs of providing textbooks to each 48 15 resident pupil who attends a nonpublic school as authorized by 48 16 section 301.1. The funding is limited to $20 per pupil and 48 17 shall not exceed the comparable services offered to resident 48 18 public school pupils: 48 19 .................................................. $ 590,458 48 20 12. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 48 21 For purposes, as provided in law, of the student 48 22 achievement and teacher quality program established pursuant 48 23 to chapter 284: 48 24 .................................................. $ 43,113,894 48 25 13. COMMUNITY COLLEGES 48 26 For general state financial aid to merged areas as defined 48 27 in section 260C.2 in accordance with chapters 258 and 260C: 48 28 .................................................. $139,779,244 48 29 The funds appropriated in this subsection shall be 48 30 allocated as follows: 48 31 a. Merged Area I ............................. $ 6,708,091 48 32 b. Merged Area II ............................ $ 7,879,554 48 33 c. Merged Area III ........................... $ 7,319,927 48 34 d. Merged Area IV ............................ $ 3,577,825 48 35 e. Merged Area V ............................. $ 7,485,252 49 1 f. Merged Area VI ............................ $ 6,934,944 49 2 g. Merged Area VII ........................... $ 10,006,202 49 3 h. Merged Area IX ............................ $ 12,306,903 49 4 i. Merged Area X ............................. $ 19,314,140 49 5 j. Merged Area XI ............................ $ 20,499,245 49 6 k. Merged Area XII ........................... $ 8,076,106 49 7 l. Merged Area XIII .......................... $ 8,304,674 49 8 m. Merged Area XIV ........................... $ 3,620,486 49 9 n. Merged Area XV ............................ $ 11,392,398 49 10 o. Merged Area XVI ........................... $ 6,353,497 49 11 Sec. 76. BOARD OF EDUCATIONAL EXAMINERS LICENSING FEES. 49 12 Notwithstanding section 272.10, up to 85 percent of any funds 49 13 received annually resulting from an increase in fees approved 49 14 and implemented for licensing by the state board of 49 15 educational examiners after July 1, 1997, and before June 30, 49 16 2003, and up to 70 percent of any funds received annually 49 17 resulting from an increase in fees approved and implemented 49 18 for licensing by the state board after July 1, 2003, shall be 49 19 available for the fiscal year beginning July 1, 2004, to the 49 20 state board for purposes related to the state board's duties, 49 21 including, but not limited to, additional full-time equivalent 49 22 positions. The director of the department of administrative 49 23 services shall draw warrants upon the treasurer of state from 49 24 the funds appropriated as provided in this section and shall 49 25 make the funds resulting from the increase in fees available 49 26 during the fiscal year to the state board on a monthly basis. 49 27 Sec. 77. MINIMUM TEACHER SALARY REQUIREMENTS – FY 2004- 49 28 2005. 49 29 1. Notwithstanding section 284.7, subsection 1, paragraph 49 30 "a", subparagraph (2), the minimum teacher salary paid by a 49 31 school district or area education agency for purposes of 49 32 teacher compensation in accordance with chapter 284, for the 49 33 fiscal year beginning July 1, 2004, and ending June 30, 2005, 49 34 shall be the minimum salary amount the school district or area 49 35 education agency paid to a first-year beginning teacher or, 50 1 the minimum salary amount the school district or area 50 2 education agency would have paid a first-year beginning 50 3 teacher if the school district or area education agency had 50 4 participated in the program in the 2001-2002 school year, in 50 5 accordance with section 284.7, subsection 1, Code Supplement 50 6 2001. If the school district or area education agency did not 50 7 employ a first-year beginning teacher in the 2001-2002 school 50 8 year, the minimum salary is the amount that the district would 50 9 have paid a first-year beginning teacher under chapter 284 in 50 10 the 2001-2002 school year. 50 11 2. Notwithstanding section 284.7, subsection 1, paragraph 50 12 "b", subparagraph (2), the minimum career teacher salary paid 50 13 to a career teacher who was a beginning teacher in the 2001- 50 14 2002 school year, by a school district or area education 50 15 agency participating in the student achievement and teacher 50 16 quality program, for the school year beginning July 1, 2004, 50 17 and ending June 30, 2005, shall be, unless the school district 50 18 has a minimum career teacher salary that exceeds thirty 50 19 thousand dollars, one thousand dollars greater than the 50 20 minimum salary amount the school district or area education 50 21 agency paid to a first-year beginning teacher if the school 50 22 district or area education agency participated in the program 50 23 during the 2001-2002 school year, or the minimum salary amount 50 24 the school district or area education agency would have paid a 50 25 first-year beginning teacher if the school district or area 50 26 education agency had participated in the program in the 2001- 50 27 2002 school year, in accordance with section 284.7, subsection 50 28 1, Code Supplement 2001. 50 29 3. Notwithstanding section 284.7, subsection 1, paragraph 50 30 "b", subparagraph (2), and except as provided in subsection 2, 50 31 the minimum career teacher salary paid by a school district or 50 32 area education agency participating in the student achievement 50 33 and teacher quality program, for purposes of teacher 50 34 compensation in accordance with chapter 284, for the school 50 35 year beginning July 1, 2004, and ending June 30, 2005, shall 51 1 be the minimum salary amount the school district or area 51 2 education agency paid to a career teacher if the school 51 3 district or area education agency participated in the program 51 4 during the 2001-2002 school year, or, the minimum salary 51 5 amount the school district or area education agency would have 51 6 paid a career teacher if the school district or area education 51 7 agency had participated in the program in the 2001-2002 school 51 8 year, in accordance with section 284.7, subsection 1, Code 51 9 Supplement 2001. 51 10 Sec. 78. SUPPLEMENTAL AID FOR THE IOWA PUBLIC BROADCASTING 51 11 DIVISION. Notwithstanding the provisions of section 8.33, or 51 12 any other provision of law to the contrary, $158,000 from the 51 13 moneys from the appropriation made in section 284.13, 51 14 subsection 1, paragraph "d", as amended by this division of 51 15 this Act, which remain unexpended or unencumbered on June 30, 51 16 2004, shall not revert but shall remain available for 51 17 expenditure in the succeeding fiscal year by the department of 51 18 education for the public broadcasting division to supplement 51 19 the appropriation made in this division of this Act for the 51 20 public broadcasting division. 51 21 STATE BOARD OF REGENTS 51 22 Sec. 79. There is appropriated from the general fund of 51 23 the state to the state board of regents for the fiscal year 51 24 beginning July 1, 2004, and ending June 30, 2005, the 51 25 following amounts, or so much thereof as may be necessary, to 51 26 be used for the purposes designated: 51 27 1. OFFICE OF STATE BOARD OF REGENTS 51 28 a. For salaries, support, maintenance, miscellaneous 51 29 purposes, and for not more than the following full-time 51 30 equivalent positions: 51 31 .................................................. $ 1,160,398 51 32 ............................................... FTEs 16.00 51 33 The state board of regents, the department of management, 51 34 and the legislative services agency shall cooperate to 51 35 determine and agree upon, by November 15, 2004, the amount 52 1 that needs to be appropriated for tuition replacement for the 52 2 fiscal year beginning July 1, 2005. 52 3 The state board of regents shall submit a monthly financial 52 4 report in a format agreed upon by the state board of regents 52 5 office and the legislative services agency. 52 6 b. For allocation by the state board of regents to the 52 7 state university of Iowa, the Iowa state university of science 52 8 and technology, and the university of northern Iowa to 52 9 reimburse the institutions for deficiencies in their operating 52 10 funds resulting from the pledging of tuitions, student fees 52 11 and charges, and institutional income to finance the cost of 52 12 providing academic and administrative buildings and facilities 52 13 and utility services at the institutions: 52 14 .................................................. $ 13,009,474 52 15 c. For funds to be allocated to the southwest Iowa 52 16 graduate studies center: 52 17 .................................................. $ 105,956 52 18 d. For funds to be allocated to the siouxland interstate 52 19 metropolitan planning council for the tristate graduate center 52 20 under section 262.9, subsection 21: 52 21 .................................................. $ 77,941 52 22 e. For funds to be allocated to the quad-cities graduate 52 23 studies center: 52 24 .................................................. $ 157,144 52 25 2. STATE UNIVERSITY OF IOWA 52 26 a. General university, including lakeside laboratory 52 27 For salaries, support, maintenance, equipment, 52 28 miscellaneous purposes, and for not more than the following 52 29 full-time equivalent positions: 52 30 .................................................. $219,937,344 52 31 ............................................... FTEs 4,055.62 52 32 It is the intent of the general assembly that the 52 33 university continue progress on the school of public health 52 34 and the public health initiative for the purposes of 52 35 establishing an accredited school of public health and for 53 1 funding an initiative for the health and independence of 53 2 elderly Iowans. From the funds appropriated in this lettered 53 3 paragraph, the university may use up to $2,100,000 for the 53 4 school of public health and the public health initiative. 53 5 b. University hospitals 53 6 For salaries, support, maintenance, equipment, and 53 7 miscellaneous purposes and for medical and surgical treatment 53 8 of indigent patients as provided in chapter 255, for medical 53 9 education, and for not more than the following full-time 53 10 equivalent positions: 53 11 .................................................. $ 1,334,418 53 12 ............................................... FTEs 5,471.01 53 13 The university of Iowa hospitals and clinics shall, within 53 14 the context of chapter 255 and when medically appropriate, 53 15 make reasonable efforts to extend the university of Iowa 53 16 hospitals and clinics' use of home telemedicine and other 53 17 technologies to reduce the frequency of visits to the hospital 53 18 required by the indigent patients. 53 19 The university of Iowa hospitals and clinics shall submit 53 20 quarterly a report regarding the portion of the appropriation 53 21 in this lettered paragraph expended on medical education. The 53 22 report shall be submitted in a format jointly developed by the 53 23 university of Iowa hospitals and clinics, the legislative 53 24 services agency, and the department of management, and shall 53 25 delineate the expenditures and purposes of the funds. 53 26 Funds appropriated in this lettered paragraph shall not be 53 27 used to perform abortions except medically necessary 53 28 abortions, and shall not be used to operate the early 53 29 termination of pregnancy clinic except for the performance of 53 30 medically necessary abortions. For the purpose of this 53 31 lettered paragraph, an abortion is the purposeful interruption 53 32 of pregnancy with the intention other than to produce a live- 53 33 born infant or to remove a dead fetus, and a medically 53 34 necessary abortion is one performed under one of the following 53 35 conditions: 54 1 (1) The attending physician certifies that continuing the 54 2 pregnancy would endanger the life of the pregnant woman. 54 3 (2) The attending physician certifies that the fetus is 54 4 physically deformed, mentally deficient, or afflicted with a 54 5 congenital illness. 54 6 (3) The pregnancy is the result of a rape which is 54 7 reported within 45 days of the incident to a law enforcement 54 8 agency or public or private health agency which may include a 54 9 family physician. 54 10 (4) The pregnancy is the result of incest which is 54 11 reported within 150 days of the incident to a law enforcement 54 12 agency or public or private health agency which may include a 54 13 family physician. 54 14 (5) The abortion is a spontaneous abortion, commonly known 54 15 as a miscarriage, wherein not all of the products of 54 16 conception are expelled. 54 17 The total quota allocated to the counties for indigent 54 18 patients for the fiscal year beginning July 1, 2004, shall not 54 19 be lower than the total quota allocated to the counties for 54 20 the fiscal year commencing July 1, 1998. The total quota 54 21 shall be allocated among the counties on the basis of the 2000 54 22 census pursuant to section 255.16. 54 23 c. Psychiatric hospital 54 24 For salaries, support, maintenance, equipment, 54 25 miscellaneous purposes, for the care, treatment, and 54 26 maintenance of committed and voluntary public patients, and 54 27 for not more than the following full-time equivalent 54 28 positions: 54 29 .................................................. $ 7,043,056 54 30 ............................................... FTEs 272.11 54 31 d. Center for disabilities and development 54 32 For salaries, support, maintenance, miscellaneous purposes, 54 33 and for not more than the following full-time equivalent 54 34 positions: 54 35 .................................................. $ 6,363,265 55 1 ............................................... FTEs 143.34 55 2 From the funds appropriated in this lettered paragraph, 55 3 $200,000 shall be allocated for purposes of the employment 55 4 policy group. 55 5 e. Oakdale campus 55 6 For salaries, support, maintenance, miscellaneous purposes, 55 7 and for not more than the following full-time equivalent 55 8 positions: 55 9 .................................................. $ 2,657,335 55 10 ............................................... FTEs 43.25 55 11 f. State hygienic laboratory 55 12 For salaries, support, maintenance, miscellaneous purposes, 55 13 and for not more than the following full-time equivalent 55 14 positions: 55 15 .................................................. $ 3,802,520 55 16 ............................................... FTEs 102.49 55 17 g. Family practice program 55 18 For allocation by the dean of the college of medicine, with 55 19 approval of the advisory board, to qualified participants, to 55 20 carry out chapter 148D for the family practice program, 55 21 including salaries and support, and for not more than the 55 22 following full-time equivalent positions: 55 23 .................................................. $ 2,075,948 55 24 ............................................... FTEs 192.40 55 25 h. Child health care services 55 26 For specialized child health care services, including 55 27 childhood cancer diagnostic and treatment network programs, 55 28 rural comprehensive care for hemophilia patients, and the Iowa 55 29 high-risk infant follow-up program, including salaries and 55 30 support, and for not more than the following full-time 55 31 equivalent positions: 55 32 .................................................. $ 649,066 55 33 ............................................... FTEs 53.46 55 34 i. Statewide cancer registry 55 35 For the statewide cancer registry, and for not more than 56 1 the following full-time equivalent positions: 56 2 .................................................. $ 178,739 56 3 ............................................... FTEs 2.40 56 4 j. Substance abuse consortium 56 5 For funds to be allocated to the Iowa consortium for 56 6 substance abuse research and evaluation, and for not more than 56 7 the following full-time equivalent positions: 56 8 .................................................. $ 64,871 56 9 ............................................... FTEs 1.50 56 10 k. Center for biocatalysis 56 11 For the center for biocatalysis, and for not more than the 56 12 following full-time equivalent positions: 56 13 .................................................. $ 881,384 56 14 ............................................... FTEs 5.20 56 15 l. Primary health care initiative 56 16 For the primary health care initiative in the college of 56 17 medicine and for not more than the following full-time 56 18 equivalent positions: 56 19 .................................................. $ 759,875 56 20 ............................................... FTEs 7.75 56 21 From the funds appropriated in this lettered paragraph, 56 22 $330,000 shall be allocated to the department of family 56 23 practice at the state university of Iowa college of medicine 56 24 for family practice faculty and support staff. 56 25 m. Birth defects registry 56 26 For the birth defects registry and for not more than the 56 27 following full-time equivalent positions: 56 28 .................................................. $ 44,636 56 29 ............................................... FTEs 1.30 56 30 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 56 31 a. General university 56 32 For salaries, support, maintenance, equipment, 56 33 miscellaneous purposes, and for not more than the following 56 34 full-time equivalent positions: 56 35 .................................................. $173,189,751 57 1 ............................................... FTEs 3,647.42 57 2 It is the intent of the general assembly that the 57 3 university continue progress on the center for excellence in 57 4 fundamental plant sciences. From the funds appropriated in 57 5 this lettered paragraph, the university may use up to 57 6 $4,670,000 for the center for excellence in fundamental plant 57 7 sciences. 57 8 b. Agricultural experiment station 57 9 For salaries, support, maintenance, miscellaneous purposes, 57 10 and for not more than the following full-time equivalent 57 11 positions: 57 12 .................................................. $ 31,019,520 57 13 ............................................... FTEs 546.98 57 14 c. Cooperative extension service in agriculture and home 57 15 economics 57 16 For salaries, support, maintenance, miscellaneous purposes, 57 17 and for not more than the following full-time equivalent 57 18 positions: 57 19 .................................................. $ 19,738,432 57 20 ............................................... FTEs 383.34 57 21 d. Leopold center 57 22 For agricultural research grants at Iowa state university 57 23 under section 266.39B, and for not more than the following 57 24 full-time equivalent positions: 57 25 .................................................. $ 464,319 57 26 ............................................... FTEs 11.25 57 27 e. Livestock disease research 57 28 For deposit in and the use of the livestock disease 57 29 research fund under section 267.8: 57 30 .................................................. $ 220,708 57 31 4. UNIVERSITY OF NORTHERN IOWA 57 32 a. General university 57 33 For salaries, support, maintenance, equipment, 57 34 miscellaneous purposes, and for not more than the following 57 35 full-time equivalent positions: 58 1 .................................................. $ 77,804,507 58 2 ............................................... FTEs 1,398.01 58 3 It is the intent of the general assembly that the 58 4 university continue progress on the implementation of a 58 5 masters in social work program. From the funds appropriated 58 6 in this lettered paragraph, the university may use up to 58 7 $450,000 for the implementation of the masters in social work 58 8 program, up to $100,000 for the roadside vegetation project, 58 9 and up to $200,000 for the Iowa office for staff development. 58 10 b. Recycling and reuse center 58 11 For purposes of the recycling and reuse center, and for not 58 12 more than the following full-time equivalent positions: 58 13 .................................................. $ 211,858 58 14 ............................................... FTEs 3.00 58 15 5. STATE SCHOOL FOR THE DEAF 58 16 For salaries, support, maintenance, miscellaneous purposes, 58 17 and for not more than the following full-time equivalent 58 18 positions: 58 19 .................................................. $ 8,261,706 58 20 ............................................... FTEs 126.60 58 21 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 58 22 For salaries, support, maintenance, miscellaneous purposes, 58 23 and for not more than the following full-time equivalent 58 24 positions: 58 25 .................................................. $ 4,622,122 58 26 ............................................... FTEs 81.00 58 27 7. TUITION AND TRANSPORTATION COSTS 58 28 For payment to local school boards for the tuition and 58 29 transportation costs of students residing in the Iowa braille 58 30 and sight saving school and the state school for the deaf 58 31 pursuant to section 262.43 and for payment of certain 58 32 clothing, prescription, and transportation costs for students 58 33 at these schools pursuant to section 270.5: 58 34 .................................................. $ 15,020 58 35 Sec. 80. MEDICAL ASSISTANCE – SUPPLEMENTAL AMOUNTS. For 59 1 the fiscal year beginning July 1, 2004, and ending June 30, 59 2 2005, the department of human services shall continue the 59 3 supplemental disproportionate share and a supplemental 59 4 indirect medical education adjustment applicable to state- 59 5 owned acute care hospitals with more than 500 beds and shall 59 6 reimburse qualifying hospitals pursuant to that adjustment 59 7 with a supplemental amount for services provided medical 59 8 assistance recipients. The adjustment shall generate 59 9 supplemental payments intended to equal the state 59 10 appropriation made to a qualifying hospital for treatment of 59 11 indigent patients as provided in chapter 255. To the extent 59 12 of the supplemental payments, a qualifying hospital shall, 59 13 after receipt of the funds, transfer to the department of 59 14 human services an amount equal to the actual supplemental 59 15 payments that were made in that month. The aggregate amounts 59 16 for the fiscal year shall not exceed the state appropriation 59 17 made to the qualifying hospital for treatment of indigent 59 18 patients as provided in chapter 255. The department of human 59 19 services shall deposit these funds in the department's medical 59 20 assistance account. To the extent that state funds 59 21 appropriated to a qualifying hospital for the treatment of 59 22 indigent patients as provided in chapter 255 have been 59 23 transferred to the department of human services as a result of 59 24 these supplemental payments made to the qualifying hospital, 59 25 the department shall not, directly or indirectly, recoup the 59 26 supplemental payments made to a qualifying hospital for any 59 27 reason, unless an equivalent amount of the funds transferred 59 28 to the department of human services by a qualifying hospital 59 29 pursuant to this provision is transferred to the qualifying 59 30 hospital by the department. 59 31 If the state supplemental amount allotted to the state of 59 32 Iowa for the federal fiscal year beginning October 1, 2004, 59 33 and ending September 30, 2005, pursuant to section 1923(f)(3) 59 34 of the federal Social Security Act, as amended, or pursuant to 59 35 federal payments for indirect medical education is greater 60 1 than the amount necessary to fund the federal share of the 60 2 supplemental payments specified in the preceding paragraph, 60 3 the department of human services shall increase the 60 4 supplemental disproportionate share or supplemental indirect 60 5 medical education adjustment by the lesser of the amount 60 6 necessary to utilize fully the state supplemental amount or 60 7 the amount of state funds appropriated to the state university 60 8 of Iowa general education fund and allocated to the university 60 9 for the college of medicine. The state university of Iowa 60 10 shall transfer from the allocation for the college of medicine 60 11 to the department of human services, on a monthly basis, an 60 12 amount equal to the additional supplemental payments made 60 13 during the previous month pursuant to this paragraph. A 60 14 qualifying hospital receiving supplemental payments pursuant 60 15 to this paragraph that are greater than the state 60 16 appropriation made to the qualifying hospital for treatment of 60 17 indigent patients as provided in chapter 255 shall be 60 18 obligated as a condition of its participation in the medical 60 19 assistance program to transfer to the state university of Iowa 60 20 general education fund on a monthly basis an amount equal to 60 21 the funds transferred by the state university of Iowa to the 60 22 department of human services. To the extent that state funds 60 23 appropriated to the state university of Iowa and allocated to 60 24 the college of medicine have been transferred to the 60 25 department of human services as a result of these supplemental 60 26 payments made to the qualifying hospital, the department shall 60 27 not, directly or indirectly, recoup these supplemental 60 28 payments made to a qualifying hospital for any reason, unless 60 29 an equivalent amount of the funds transferred to the 60 30 department of human services by the state university of Iowa 60 31 pursuant to this paragraph is transferred to the qualifying 60 32 hospital by the department. 60 33 Continuation of the supplemental disproportionate share and 60 34 supplemental indirect medical education adjustment shall 60 35 preserve the funds available to the university hospital for 61 1 medical and surgical treatment of indigent patients as 61 2 provided in chapter 255 and to the state university of Iowa 61 3 for educational purposes at the same level as provided by the 61 4 state funds initially appropriated for that purpose. 61 5 The department of human services shall, in any compilation 61 6 of data or other report distributed to the public concerning 61 7 payments to providers under the medical assistance program, 61 8 set forth reimbursements to a qualifying hospital through the 61 9 supplemental disproportionate share and supplemental indirect 61 10 medical education adjustment as a separate item and shall not 61 11 include such payments in the amounts otherwise reported as the 61 12 reimbursement to a qualifying hospital for services to medical 61 13 assistance recipients. 61 14 For purposes of this section, "supplemental payment" means 61 15 a supplemental payment amount paid for medical assistance to a 61 16 hospital qualifying for that payment under this section. 61 17 Sec. 81. For the fiscal year beginning July 1, 2004, and 61 18 ending June 30, 2005, the state board of regents may use 61 19 notes, bonds, or other evidences of indebtedness issued under 61 20 section 262.48 to finance projects that will result in energy 61 21 cost savings in an amount that will cause the state board to 61 22 recover the cost of the projects within an average of six 61 23 years. 61 24 Sec. 82. Notwithstanding section 270.7, the department of 61 25 administrative services shall pay the state school for the 61 26 deaf and the Iowa braille and sight saving school the moneys 61 27 collected from the counties during the fiscal year beginning 61 28 July 1, 2004, for expenses relating to prescription drug costs 61 29 for students attending the state school for the deaf and the 61 30 Iowa braille and sight saving school. 61 31 Sec. 83. Section 256.44, subsection 7, Code 2003, is 61 32 amended to read as follows: 61 33 7. The department shall prorate the amount of the annual 61 34 awards paid in accordance with this section when the number of 61 35 award recipients exceeds one thousand one hundred individuals. 62 1 The department may prorate the amount of an annual award when 62 2 a teacher who meets the qualifications of subsection 1 is 62 3 employed on a less than full-time basis by a school district. 62 4 The state board shall adopt rules under chapter 17A 62 5 establishing criteria for the proration of annual awards. 62 6 Sec. 84. Section 261.25, subsections 1, 2, and 3, Code 62 7 Supplement 2003, are amended to read as follows: 62 8 1. There is appropriated from the general fund of the 62 9 state to the commission for each fiscal year the sum offorty-62 10sixforty-seven millionfourone hundredseventeenfifty-seven 62 11 thousandninefive hundredsixty-fourfifteen dollars for 62 12 tuition grants. 62 13 2. There is appropriated from the general fund of the 62 14 state to the commission for each fiscal year the sum of four 62 15 hundredseventy-sevensixty-five thousand one hundredthree62 16 seventy-five dollars for scholarships. 62 17 3. There is appropriated from the general fund of the 62 18 state to the commission for each fiscal year the sum of two 62 19 millionthreefive hundredseventy-fivethirty-three thousand 62 20sixone hundredfifty-sevenfifteen dollars for vocational- 62 21 technical tuition grants. 62 22 Sec. 85. Section 284.10, subsection 3, Code Supplement 62 23 2003, is amended by striking the subsection. 62 24 Sec. 86. Section 284.13, subsection 1, paragraphs b, d, 62 25 and e, Code Supplement 2003, are amended to read as follows: 62 26 b. For the fiscal year beginning July 1,20032004, and 62 27 ending June 30,20042005, to the department of education, the 62 28 amount of one million seven hundred thousand dollars for the 62 29 issuance of national board certification awards in accordance 62 30 with section 256.44. 62 31 d. For the fiscal year beginning July 1, 2003, and ending 62 32 June 30, 2004, up to one million dollars to the department of 62 33 education for purposes ofestablishingmaintaining the 62 34 evaluator training program, including but not limited to an62 35evaluation process; the training of providers; development of63 1a provider approval process; training materials and costs; for63 2payment to practitioners under section 284.10, subsection 3,63 3and to pay any applicable costs of the employer's share of63 4contributions to federal social security and the Iowa public63 5employees' retirement system or a pension and annuity63 6retirement system established under chapter 294, for such63 7amounts paid by the district; and for subsidies to school63 8districts for training costs.A portion of the funds63 9allocated to the department for purposes of this paragraph may63 10be used by the department for administrative purposes.63 11 Notwithstanding section 8.33, from the moneys allocated under 63 12 this paragraph for the fiscal year beginning July 1, 2003, 63 13 that remain unobligated or unexpended at the end of the fiscal 63 14 year, one hundred fifty thousand dollars shall not revert but 63 15 shall remain available for expenditure to maintain the 63 16 evaluator training program, and up to five hundred thousand 63 17 dollars shall remain available to supplement moneys allocated 63 18 pursuant to paragraph "f" of this subsection. 63 19 e. For the fiscal year beginning July 1,20032004, and 63 20 ending June 30,20042005, up tothreefour hundredseventy-63 21fivethousand dollars to the department of education for 63 22 purposes of implementing the career development program 63 23 requirements of section 284.6, and the review panel 63 24 requirements of section 284.9. From the moneys allocated to 63 25 the department pursuant to this paragraph, not less than 63 26 seventy-five thousand dollars shall be used to administer the 63 27 ambassador to education position in accordance with section 63 28 256.45. A portion of the funds allocated to the department 63 29 for purposes of this paragraph may be used by the department 63 30 for administrative purposes. Notwithstanding section 8.33, 63 31 moneys allocated for purposes of this paragraph prior to July 63 32 1, 2004, which remain unobligated or unexpended at the end of 63 33 the fiscal year for which the moneys were appropriated, shall 63 34 remain available for expenditure for the purposes for which 63 35 they were allocated, for the fiscal year beginning July 1, 64 1 2004, and ending June 30, 2005. 64 2 Sec. 87. EFFECTIVE DATE. The provisions of this division 64 3 of this Act providing for supplemental aid for the Iowa public 64 4 broadcasting division and amending section 284.13, subsection 64 5 1, paragraphs "d" and "e", relating to moneys carried over to 64 6 the 2004-2005 fiscal year, being deemed of immediate 64 7 importance, takes effect upon enactment. 64 8 DIVISION V 64 9 HEALTH AND HUMAN SERVICES 64 10 ELDER AFFAIRS 64 11 Sec. 88. DEPARTMENT OF ELDER AFFAIRS. There is 64 12 appropriated from the general fund of the state to the 64 13 department of elder affairs for the fiscal year beginning July 64 14 1, 2004, and ending June 30, 2005, the following amount, or so 64 15 much thereof as is necessary, to be used for the purposes 64 16 designated: 64 17 For aging programs for the department of elder affairs and 64 18 area agencies on aging to provide citizens of Iowa who are 60 64 19 years of age and older with case management for the frail 64 20 elderly, the retired and senior volunteer program, resident 64 21 advocate committee coordination, employment, and other 64 22 services which may include, but are not limited to, adult day 64 23 services, respite care, chore services, telephone reassurance, 64 24 information and assistance, and home repair services, 64 25 including the winterizing of homes, and for the construction 64 26 of entrance ramps which make residences accessible to the 64 27 physically handicapped, and for salaries, support, 64 28 administration, maintenance, miscellaneous purposes, and for 64 29 not more than the following full-time equivalent positions 64 30 with the department of elder affairs: 64 31 .................................................. $ 2,625,146 64 32 ............................................... FTEs 26.75 64 33 1. Funds appropriated in this section may be used to 64 34 supplement federal funds under federal regulations. To 64 35 receive funds appropriated in this section, a local area 65 1 agency on aging shall match the funds with moneys from other 65 2 sources according to rules adopted by the department. Funds 65 3 appropriated in this section may be used for elderly services 65 4 not specifically enumerated in this section only if approved 65 5 by an area agency on aging for provision of the service within 65 6 the area. 65 7 2. Of the funds allocated in this section and any other 65 8 state funds allocated for aging programs of the area agencies 65 9 on aging not more than 7.5 percent of the total amount 65 10 allocated shall be used for area agencies on aging 65 11 administrative purposes. 65 12 3. It is the intent of the general assembly that the Iowa 65 13 chapters of the Alzheimer's association and the case 65 14 management program for the frail elderly shall collaborate and 65 15 cooperate fully to assist families in maintaining family 65 16 members with Alzheimer's disease in the community for the 65 17 longest period of time possible. 65 18 4. The department shall maintain policies and procedures 65 19 regarding Alzheimer's support and the retired and senior 65 20 volunteer program. 65 21 HEALTH 65 22 Sec. 89. DEPARTMENT OF PUBLIC HEALTH. There is 65 23 appropriated from the general fund of the state to the Iowa 65 24 department of public health for the fiscal year beginning July 65 25 1, 2004, and ending June 30, 2005, the following amounts, or 65 26 so much thereof as is necessary, to be used for the purposes 65 27 designated: 65 28 1. ADDICTIVE DISORDERS 65 29 For reducing the prevalence of use of tobacco, alcohol, and 65 30 other drugs, and treating individuals affected by addictive 65 31 behaviors, including gambling, and for not more than the 65 32 following full-time equivalent positions: 65 33 .................................................. $ 1,267,111 65 34 ............................................... FTEs 15.75 65 35 a. The department shall continue to coordinate with 66 1 substance abuse treatment and prevention providers regardless 66 2 of funding source to assure the delivery of substance abuse 66 3 treatment and prevention programs. 66 4 b. The commission on substance abuse, in conjunction with 66 5 the department, shall continue to coordinate the delivery of 66 6 substance abuse services involving prevention, social and 66 7 medical detoxification, and other treatment by medical and 66 8 nonmedical providers to uninsured and court-ordered substance 66 9 abuse patients in all counties of the state. 66 10 c. The department and any grantee or subgrantee of the 66 11 department shall not discriminate against a nongovernmental 66 12 organization that provides substance abuse treatment and 66 13 prevention services or applies for funding to provide those 66 14 services on the basis that the organization has a religious 66 15 character. The department shall report to the governor and 66 16 the general assembly on or before February 1, 2005, regarding 66 17 the number of religious or other nongovernmental organizations 66 18 that applied for funds in the preceding fiscal year, the 66 19 amounts awarded to those organizations, and the basis for any 66 20 refusal by the department or grantee or subgrantee of the 66 21 department to award funds to any of those organizations that 66 22 applied. 66 23 2. ADULT WELLNESS 66 24 For maintaining or improving the health status of adults, 66 25 with target populations between the ages of 18 through 60, and 66 26 for not more than the following full-time equivalent 66 27 positions: 66 28 .................................................. $ 304,067 66 29 ............................................... FTEs 20.85 66 30 3. CHILD AND ADOLESCENT WELLNESS 66 31 For promoting the optimum health status for children and 66 32 adolescents from birth through 21 years of age, and for not 66 33 more than the following full-time equivalent positions: 66 34 .................................................. $ 915,803 66 35 ............................................... FTEs 44.10 67 1 4. CHRONIC CONDITIONS 67 2 For serving individuals identified as having chronic 67 3 conditions or special health care needs, and for not more than 67 4 the following full-time equivalent positions: 67 5 .................................................. $ 845,863 67 6 ............................................... FTEs 10.00 67 7 5. COMMUNITY CAPACITY 67 8 For strengthening the health care delivery system at the 67 9 local level, and for not more than the following full-time 67 10 equivalent positions: 67 11 .................................................. $ 1,267,359 67 12 ............................................... FTEs 21.60 67 13 Of the funds appropriated in this subsection, $100,000 is 67 14 allocated for a child vision screening program implemented 67 15 through the university of Iowa hospitals and clinics in 67 16 collaboration with community empowerment areas. 67 17 6. ELDERLY WELLNESS 67 18 For optimizing the health of persons 60 years of age and 67 19 older, and for not more than the following full-time 67 20 equivalent positions: 67 21 .................................................. $ 9,233,985 67 22 ............................................... FTEs 4.95 67 23 The department shall implement elderly wellness services in 67 24 a manner that ensures that the services provided are not 67 25 payable by a third-party source. The department shall submit 67 26 a report by December 1, 2004, to the persons in this division 67 27 of this Act designated to receive reports regarding the 67 28 provision of services and expenditures for the services. 67 29 7. ENVIRONMENTAL HAZARDS 67 30 For reducing the public's exposure to hazards in the 67 31 environment, primarily chemical hazards, and for not more than 67 32 the following full-time equivalent positions: 67 33 .................................................. $ 251,808 67 34 ............................................... FTEs 8.30 67 35 8. INFECTIOUS DISEASES 68 1 For reducing the incidence and prevalence of communicable 68 2 diseases, and for not more than the following full-time 68 3 equivalent positions: 68 4 .................................................. $ 1,079,703 68 5 ............................................... FTEs 38.25 68 6 9. INJURIES 68 7 For providing support and protection to victims of abuse or 68 8 injury, or programs that are designed to prevent abuse or 68 9 injury, and for not more than the following full-time 68 10 equivalent positions: 68 11 .................................................. $ 1,379,358 68 12 ............................................... FTEs 9.10 68 13 Of the funds appropriated in this subsection, $660,000 68 14 shall be credited to the emergency medical services fund 68 15 created in section 135.25. 68 16 10. PUBLIC PROTECTION 68 17 For protecting the health and safety of the public through 68 18 establishing standards and enforcing regulations, and for not 68 19 more than the following full-time equivalent positions: 68 20 .................................................. $ 6,598,873 68 21 ............................................... FTEs 152.05 68 22 a. The department may expend funds received from licensing 68 23 fees in addition to amounts appropriated in this subsection, 68 24 if those additional expenditures are directly the result of a 68 25 scope of practice review committee's unanticipated litigation 68 26 costs arising from the discharge of an examining board's 68 27 regulatory duties. Before the department expends or encumbers 68 28 funds for a scope of practice review committee or for an 68 29 amount in excess of the funds budgeted for an examining board, 68 30 the director of the department of management shall approve the 68 31 expenditure or encumbrance. The amounts necessary to fund any 68 32 unanticipated litigation or scope of practice review committee 68 33 expense in the fiscal year beginning July 1, 2004, shall not 68 34 exceed 5 percent of the average annual fees generated by the 68 35 boards for the previous two fiscal years. The funds 69 1 authorized for expenditure pursuant to this lettered paragraph 69 2 are appropriated to the department for the purposes described 69 3 in this paragraph. 69 4 b. For the fiscal year beginning July 1, 2004, the 69 5 department shall retain fees collected from the certification 69 6 of lead inspectors and lead abaters pursuant to section 69 7 135.105A to support the certification program; and shall 69 8 retain fees collected from the licensing, registration, 69 9 authorization, accreditation, and inspection of x-ray machines 69 10 used for mammographically guided breast biopsy, screening, and 69 11 diagnostic mammography, pursuant to section 136C.10 to support 69 12 the administration of the chapter. The department may also 69 13 retain fees collected pursuant to section 136C.10 on all 69 14 shippers of radioactive material waste containers transported 69 15 across Iowa if the department does not obtain funding to 69 16 support the oversight and regulation of this activity, and for 69 17 x-ray radiology examination fees collected by the department 69 18 and reimbursed to a private organization conducting the 69 19 examination. Fees retained by the department pursuant to this 69 20 lettered paragraph are appropriated to the department for the 69 21 purposes described in this lettered paragraph. 69 22 c. The department may retain and expend not more than 69 23 $297,961 for lease and maintenance expenses from fees 69 24 collected pursuant to section 147.80 by the board of dental 69 25 examiners, the board of pharmacy examiners, the board of 69 26 medical examiners, and the board of nursing in the fiscal year 69 27 beginning July 1, 2004, and ending June 30, 2005. Fees 69 28 retained by the department pursuant to this lettered paragraph 69 29 are appropriated to the department for the purposes described 69 30 in this lettered paragraph. 69 31 d. The department may retain and expend not more than 69 32 $100,000 for reduction of the number of days necessary to 69 33 process medical license requests and for reduction of the 69 34 number of days needed for consideration of malpractice cases 69 35 from fees collected pursuant to section 147.80 by the board of 70 1 medical examiners in the fiscal year beginning July 1, 2004, 70 2 and ending June 30, 2005. Fees retained by the department 70 3 pursuant to this lettered paragraph are appropriated to the 70 4 department for the purposes described in this lettered 70 5 paragraph. 70 6 e. The board of dental examiners may retain and expend not 70 7 more than $148,060 from revenues generated pursuant to section 70 8 147.80. Fees retained by the board pursuant to this lettered 70 9 paragraph are appropriated to the department to be used for 70 10 the purposes of regulating dental assistants. 70 11 f. The board of medical examiners, the board of pharmacy 70 12 examiners, the board of dental examiners, and the board of 70 13 nursing shall prepare estimates of projected receipts to be 70 14 generated by the licensing, certification, and examination 70 15 fees of each board as well as a projection of the fairly 70 16 apportioned administrative costs and rental expenses 70 17 attributable to each board. Each board shall annually review 70 18 and adjust its schedule of fees so that, as nearly as 70 19 possible, projected receipts equal projected costs. 70 20 g. The board of medical examiners, the board of pharmacy 70 21 examiners, the board of dental examiners, and the board of 70 22 nursing shall retain their individual executive officers, but 70 23 are strongly encouraged to share administrative, clerical, and 70 24 investigative staffs to the greatest extent possible. 70 25 h. For the fiscal year beginning July 1, 2004, the board 70 26 of nursing may retain and expend 90 percent of the revenues 70 27 generated from any increase in licensing fees pursuant to 70 28 section 147.80 for purposes related to the state board's 70 29 duties, including but not limited to the addition of full-time 70 30 equivalent positions for program services, investigations, and 70 31 for claiming of medical assistance program funding for school 70 32 district nursing services provided for students. Fees 70 33 retained by the board pursuant to this lettered paragraph are 70 34 appropriated to the board of nursing for the purposes 70 35 described in this paragraph. 71 1 11. RESOURCE MANAGEMENT 71 2 For establishing and sustaining the overall ability of the 71 3 department to deliver services to the public, and for not more 71 4 than the following full-time equivalent positions: 71 5 .................................................. $ 406,707 71 6 ............................................... FTEs 47.30 71 7 12. The university of Iowa hospitals and clinics under the 71 8 control of the state board of regents shall not receive 71 9 indirect costs from the funds appropriated in this section. 71 10 13. A local health care provider or nonprofit health care 71 11 organization seeking grant moneys administered by the Iowa 71 12 department of public health shall provide documentation that 71 13 the provider or organization has coordinated its services with 71 14 other local entities providing similar services. 71 15 14. a. The department shall apply for available federal 71 16 funds for sexual abstinence education programs. 71 17 b. It is the intent of the general assembly to comply with 71 18 the United States Congress' intent to provide education that 71 19 promotes abstinence from sexual activity outside of marriage 71 20 and reduces pregnancies, by focusing efforts on those persons 71 21 most likely to father and bear children out of wedlock. 71 22 c. Any sexual abstinence education program awarded moneys 71 23 under the grant program shall meet the definition of 71 24 abstinence education in the federal law. Grantees shall be 71 25 evaluated based upon the extent to which the abstinence 71 26 program successfully communicates the goals set forth in the 71 27 federal law. 71 28 Sec. 90. GAMBLING TREATMENT FUND – APPROPRIATION. 71 29 1. There is appropriated from funds available in the 71 30 gambling treatment fund established in the office of the 71 31 treasurer of state pursuant to section 99G.39 to the Iowa 71 32 department of public health for the fiscal year beginning July 71 33 1, 2004, and ending June 30, 2005, the following amount, or so 71 34 much thereof as is necessary, to be used for the purpose 71 35 designated: 72 1 a. Addictive disorders 72 2 To be utilized for the benefit of persons with addictions: 72 3 .................................................. $ 1,690,000 72 4 The appropriation made in this paragraph shall be made from 72 5 proceeds credited to the gambling treatment fund due to an 72 6 increase in the percentage of gambling proceeds credited to 72 7 the gambling treatment fund if any enactment of legislation by 72 8 the 2004 Eightieth General Assembly in the Regular or 72 9 Extraordinary Legislative Session increases the percentage of 72 10 gambling proceeds credited to the gambling treatment fund. 72 11 It is the intent of the general assembly that from the 72 12 moneys appropriated in this section, persons with a dual 72 13 diagnosis of substance abuse and gambling addictions shall be 72 14 given priority in treatment services. 72 15 b. Gambling treatment program 72 16 The funds in the gambling treatment fund after the 72 17 appropriation in paragraph "a" is made are appropriated and 72 18 shall be used for funding of administrative costs and to 72 19 provide programs which may include, but are not limited to, 72 20 outpatient and follow-up treatment for persons affected by 72 21 problem gambling, rehabilitation and residential treatment 72 22 programs, information and referral services, education and 72 23 preventive services, and financial management services. 72 24 2. Unless provided otherwise in legislation enacted by the 72 25 Eightieth General Assembly in 2004, for the fiscal year 72 26 beginning July 1, 2004, and ending June 30, 2005, from the tax 72 27 revenue received by the state racing and gaming commission 72 28 pursuant to section 99D.15, subsections 1, 3, and 4, an amount 72 29 equal to three-tenths of one percent of the gross sum wagered 72 30 by the pari-mutuel method is to be deposited into the gambling 72 31 treatment fund. 72 32 Sec. 91. VITAL RECORDS. The vital records modernization 72 33 project as enacted in 1993 Iowa Acts, chapter 55, section 1, 72 34 as amended by 1994 Iowa Acts, chapter 1068, section 8, as 72 35 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa 73 1 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter 73 2 201, section 17, and as continued by 2000 Iowa Acts, chapter 73 3 1222, section 10, 2001 Iowa Acts, chapter 182, section 13, 73 4 2002 Iowa Acts, Second Extraordinary Session, chapter 1003, 73 5 section 104, and 2003 Iowa Acts, chapter 175, section 4, shall 73 6 be extended until June 30, 2005, and the increased fees to be 73 7 collected pursuant to that project shall continue to be 73 8 collected and are appropriated to the Iowa department of 73 9 public health until June 30, 2005. The department shall 73 10 submit a report to the persons designated by this Act to 73 11 receive reports no later than September 1, 2004, concerning 73 12 the status of the modernization project, the fees collected, 73 13 and a target date for the project's completion. 73 14 Sec. 92. SCOPE OF PRACTICE REVIEW PROJECT. The scope of 73 15 practice review committee pilot project as enacted in 1997 73 16 Iowa Acts, chapter 203, section 6, as continued by 2002 Iowa 73 17 Acts, Second Extraordinary Session, chapter 1003, section 107, 73 18 and 2003 Iowa Acts, chapter 175, section 5, shall be extended 73 19 until June 30, 2005. The Iowa department of public health 73 20 shall submit an annual progress report to the governor and the 73 21 general assembly by January 15 and shall include any 73 22 recommendations for legislative action as a result of review 73 23 committee activities. The department may contract with a 73 24 school or college of public health in Iowa to assist in 73 25 implementing the project. 73 26 COMMISSION OF VETERANS AFFAIRS 73 27 Sec. 93. COMMISSION OF VETERANS AFFAIRS. There is 73 28 appropriated from the general fund of the state to the 73 29 commission of veterans affairs for the fiscal year beginning 73 30 July 1, 2004, and ending June 30, 2005, the following amounts, 73 31 or so much thereof as is necessary, to be used for the 73 32 purposes designated: 73 33 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION 73 34 For salaries, support, maintenance, miscellaneous purposes, 73 35 including the war orphans educational aid fund established 74 1 pursuant to chapter 35, and for not more than the following 74 2 full-time equivalent positions: 74 3 .................................................. $ 293,971 74 4 ............................................... FTEs 4.00 74 5 Of the funds appropriated in this subsection, $100,000 74 6 shall be used by the commission to contract with the 74 7 department of elder affairs to utilize local veterans affairs 74 8 commissions and the retired senior volunteers program to 74 9 increase the utilization by eligible individuals of benefits 74 10 available through the federal department of veterans affairs. 74 11 The commission of veterans affairs may use the gifts 74 12 accepted by the chairperson of the commission of veterans 74 13 affairs, or designee, and other resources available to the 74 14 commission for use at its Camp Dodge office. The commission 74 15 shall report annually to the governor and the general assembly 74 16 on monetary gifts received by the commission for the Camp 74 17 Dodge office. 74 18 2. IOWA VETERANS HOME 74 19 For salaries, support, maintenance, miscellaneous purposes, 74 20 and for not more than the following full-time equivalent 74 21 positions: 74 22 .................................................. $ 16,189,139 74 23 ............................................... FTEs 843.50 74 24 a. The Iowa veterans home may use the gifts accepted by 74 25 the chairperson of the commission of veterans affairs and 74 26 other resources available to the commission for use at the 74 27 Iowa veterans home. 74 28 b. Any Iowa veterans home successor contractor shall not 74 29 consider employees of a state institution or facility to be 74 30 new employees for purposes of employee wages, health 74 31 insurance, or retirement benefits. 74 32 c. The chairpersons and ranking members of the joint 74 33 appropriations subcommittee on health and human services shall 74 34 be notified by January 15 of any calendar year during which a 74 35 request for proposals is anticipated to be issued regarding 75 1 any Iowa veterans home contract involving employment, for 75 2 purposes of providing legislative review and oversight. 75 3 d. The Iowa veterans home shall operate with a net state 75 4 general fund appropriation. The amount appropriated in this 75 5 subsection is the net amount of state moneys projected to be 75 6 needed for the Iowa veterans home. The purposes of operating 75 7 with a net state general fund appropriation are to encourage 75 8 the Iowa veterans home to operate with increased self- 75 9 sufficiency, to improve quality and efficiency, and to support 75 10 collaborative efforts among all funders of services available 75 11 from the Iowa veterans home. Moneys appropriated in this 75 12 subsection may be used throughout the fiscal year in the 75 13 manner necessary for purposes of cash flow management, and for 75 14 purposes of cash flow management the Iowa veterans home may 75 15 temporarily draw more than the amount appropriated, provided 75 16 the amount appropriated is not exceeded at the close of the 75 17 fiscal year. 75 18 e. Revenues attributable to the Iowa veterans home for the 75 19 fiscal year beginning July 1, 2004, shall be deposited into 75 20 the Iowa veterans home account and shall be treated as 75 21 repayment receipts, including but not limited to all of the 75 22 following: 75 23 (1) Federal veterans administration payments. 75 24 (2) Medical assistance revenue received under chapter 75 25 249A. 75 26 (3) Federal Medicare program payments. 75 27 (4) Moneys received from client financial participation. 75 28 (5) Other revenues generated from current, new, or 75 29 expanded services which the Iowa veterans home is authorized 75 30 to provide. 75 31 f. For the purposes of allocating the salary adjustment 75 32 fund moneys appropriated in another Act, the Iowa veterans 75 33 home shall be considered to be funded entirely with state 75 34 moneys. 75 35 g. Notwithstanding section 8.33, up to $500,000 of the 76 1 Iowa veterans home revenues that remain unencumbered or 76 2 unobligated at the close of the fiscal year shall not revert 76 3 but shall remain available to be used in the succeeding fiscal 76 4 year. 76 5 HUMAN SERVICES 76 6 Sec. 94. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 76 7 GRANT. There is appropriated from the fund created in section 76 8 8.41 to the department of human services for the fiscal year 76 9 beginning July 1, 2004, and ending June 30, 2005, from moneys 76 10 received under the federal temporary assistance for needy 76 11 families (TANF) block grant pursuant to the federal Personal 76 12 Responsibility and Work Opportunity Reconciliation Act of 76 13 1996, Pub. L. No. 104-193, and successor legislation, which 76 14 are federally appropriated for the federal fiscal years 76 15 beginning October 1, 2003, and ending September 30, 2004, and 76 16 beginning October 1, 2004, and ending September 30, 2005, the 76 17 following amounts, or so much thereof as is necessary, to be 76 18 used for the purposes designated: 76 19 If the total amount of federal government appropriations 76 20 received for Iowa's portion of the TANF block grant amounts 76 21 for the federal fiscal years beginning October 1, 2003, and 76 22 ending September 30, 2004, and beginning October 1, 2004, and 76 23 ending September 30, 2005, is less than $131,524,959, it is 76 24 the intent of the general assembly to act expeditiously during 76 25 the 2005 legislative session to adjust appropriations or take 76 26 other actions to address the reduced amount. Moneys 76 27 appropriated in this section shall be used in accordance with 76 28 the federal law making the funds available, applicable Iowa 76 29 law, appropriations made from the general fund of the state in 76 30 this Act for the purpose designated, and administrative rules 76 31 adopted to implement the federal and Iowa law: 76 32 1. To be credited to the family investment program account 76 33 and used for assistance under the family investment program 76 34 under chapter 239B: 76 35 .................................................. $ 45,277,569 77 1 2. To be credited to the family investment program account 77 2 and used for the job opportunities and basic skills (JOBS) 77 3 program, and implementing family investment agreements, in 77 4 accordance with chapter 239B: 77 5 .................................................. $ 13,412,794 77 6 3. For field operations: 77 7 .................................................. $ 23,980,864 77 8 4. For general administration: 77 9 .................................................. $ 3,660,030 77 10 5. For local administrative costs: 77 11 .................................................. $ 2,136,565 77 12 6. For state child care assistance: 77 13 .................................................. $ 18,073,746 77 14 a. Of the funds appropriated in this subsection, $200,000 77 15 shall be used for provision of educational opportunities to 77 16 registered child care home providers in order to improve 77 17 services and programs offered by this category of providers 77 18 and to increase the number of providers. The department may 77 19 contract with institutions of higher education or child care 77 20 resource and referral centers to provide the educational 77 21 opportunities. Allowable administrative costs under the 77 22 contracts shall not exceed 5 percent. The application for a 77 23 grant shall not exceed two pages in length. 77 24 b. Of the funds appropriated in this subsection, the 77 25 maximum amount allowed under Pub. L. No. 104-193 and successor 77 26 legislation shall be transferred to the child care and 77 27 development block grant appropriation. Funds appropriated in 77 28 this subsection that remain following the transfer shall be 77 29 used to provide direct spending for the child care needs of 77 30 working parents in families eligible for the family investment 77 31 program. 77 32 7. For child and family services: 77 33 .................................................. $ 30,275,728 77 34 8. For child abuse prevention grants: 77 35 .................................................. $ 250,000 78 1 9. For pregnancy prevention grants on the condition that 78 2 family planning services are funded: 78 3 .................................................. $ 2,514,413 78 4 a. If the department receives approval of a waiver from 78 5 the centers for Medicare and Medicaid services of the United 78 6 States department of health and human services to provide 78 7 family planning services, of the amount appropriated in this 78 8 subsection, $533,580 shall be transferred to the appropriation 78 9 in this Act for child and family services. 78 10 b. Pregnancy prevention grants shall be awarded to 78 11 programs in existence on or before July 1, 2004, if the 78 12 programs are comprehensive in scope and have demonstrated 78 13 positive outcomes. Grants shall be awarded to pregnancy 78 14 prevention programs which are developed after July 1, 2004, if 78 15 the programs are comprehensive in scope and are based on 78 16 existing models that have demonstrated positive outcomes. 78 17 Grants shall comply with the requirements provided in 1997 78 18 Iowa Acts, chapter 208, section 14, subsections 1 and 2, 78 19 including the requirement that grant programs must emphasize 78 20 sexual abstinence. Priority in the awarding of grants shall 78 21 be given to programs that serve areas of the state which 78 22 demonstrate the highest percentage of unplanned pregnancies of 78 23 females age 13 or older but younger than age 18 within the 78 24 geographic area to be served by the grant. 78 25 c. In addition to the full-time equivalent positions 78 26 funded in this Act, the department may use a portion of the 78 27 funds appropriated in this subsection to employ up to an 78 28 additional 1.00 FTE for the administration of programs 78 29 specified in this subsection. 78 30 10. For technology needs and other resources necessary to 78 31 meet federal welfare reform reporting, tracking, and case 78 32 management requirements: 78 33 .................................................. $ 1,037,186 78 34 11. For the healthy opportunities for parents to 78 35 experience success (HOPES) program administered by the Iowa 79 1 department of public health to target child abuse prevention: 79 2 .................................................. $ 200,000 79 3 12. To be credited to the state child care assistance 79 4 appropriation made in this section to be used for funding of 79 5 community-based early childhood programs targeted to children 79 6 from birth through five years of age, developed by community 79 7 empowerment areas as provided in this subsection: 79 8 .................................................. $ 7,350,000 79 9 a. The department may transfer TANF block grant funding 79 10 appropriated and allocated in this subsection to the child 79 11 care and development block grant appropriation in accordance 79 12 with federal law as necessary to comply with the provisions of 79 13 this subsection. The funding shall then be provided to 79 14 community empowerment areas for the fiscal year beginning July 79 15 1, 2004, in accordance with all of the following: 79 16 (1) The area must be approved as a designated community 79 17 empowerment area by the Iowa empowerment board. 79 18 (2) The maximum funding amount a community empowerment 79 19 area is eligible to receive shall be determined by applying 79 20 the area's percentage of the state's average monthly family 79 21 investment program population in the preceding fiscal year to 79 22 the total amount appropriated for fiscal year 2004-2005 from 79 23 the TANF block grant to fund community-based programs targeted 79 24 to children from birth through five years of age developed by 79 25 community empowerment areas. 79 26 (3) A community empowerment area receiving funding shall 79 27 comply with any federal reporting requirements associated with 79 28 the use of that funding and other results and reporting 79 29 requirements established by the Iowa empowerment board. The 79 30 department shall provide technical assistance in identifying 79 31 and meeting the federal requirements. 79 32 (4) The availability of funding provided under this 79 33 subsection is subject to changes in federal requirements and 79 34 amendments to Iowa law. 79 35 b. The moneys distributed in accordance with this 80 1 subsection shall be used by communities for the purposes of 80 2 enhancing quality child care capacity in support of parent 80 3 capability to obtain or retain employment. The moneys shall 80 4 be used with a primary emphasis on low-income families and 80 5 children from birth to five years of age. Moneys shall be 80 6 provided in a flexible manner to communities, and shall be 80 7 used to implement strategies identified by the communities to 80 8 achieve such purposes. In addition to the full-time 80 9 equivalent positions authorized in this division of this Act, 80 10 1.00 FTE position is authorized and the department may use 80 11 funding appropriated in this subsection for provision of 80 12 technical assistance and other support to communities 80 13 developing and implementing strategies with moneys distributed 80 14 in accordance with this subsection. 80 15 c. Moneys that are subject to this subsection which are 80 16 not distributed to a community empowerment area or otherwise 80 17 remain unobligated or unexpended at the end of the fiscal year 80 18 shall revert to the fund created in section 8.41 to be 80 19 available for appropriation by the general assembly in a 80 20 subsequent fiscal year. 80 21 13. For a pilot program to be established in a judicial 80 22 district, selected by the department and the judicial council, 80 23 to provide employment and support services to delinquent child 80 24 support obligors as an alternative to commitment to jail as 80 25 punishment for contempt of court: 80 26 .................................................. $ 200,000 80 27 Of the amounts appropriated in this section, $11,904,734 80 28 for the fiscal year beginning July 1, 2004, shall be 80 29 transferred to the appropriation of the federal social 80 30 services block grant for that fiscal year. If the federal 80 31 government revises requirements to reduce the amount that may 80 32 be transferred to the federal social services block grant, it 80 33 is the intent of the general assembly to act expeditiously 80 34 during the 2005 legislative session to adjust appropriations 80 35 or the transfer amount or take other actions to address the 81 1 reduced amount. 81 2 Eligible funding available under the TANF block grant that 81 3 is not appropriated or not otherwise expended shall be 81 4 considered reserved for economic downturns and welfare reform 81 5 purposes and is subject to further state appropriation to 81 6 support families in their movement toward self-sufficiency. 81 7 Federal funding received that is designated for activities 81 8 supporting marriage or two-parent families is appropriated to 81 9 the Iowa marriage initiative grant fund created in section 81 10 234.45. 81 11 Sec. 95. IOWA MARRIAGE INITIATIVE GRANT FUND. 81 12 1. Moneys credited to the Iowa marriage initiative grant 81 13 fund under 2003 Iowa Acts, chapter 175, section 7, subsection 81 14 15, and any other moneys credited to the fund are appropriated 81 15 to the department for the fiscal year beginning July 1, 2004, 81 16 and ending June 30, 2005, to be used in accordance with this 81 17 section. 81 18 2. The department shall establish an Iowa fatherhood and 81 19 family initiative grant program utilizing funds credited to 81 20 the Iowa marriage initiative grant fund created in section 81 21 234.45 to fund services to support fatherhood and to encourage 81 22 the formation and maintenance of two-parent families that are 81 23 secure and nurturing. The department of human services shall 81 24 adopt rules pursuant to chapter 17A to administer the grant 81 25 fund and to establish procedures for awarding of grants. 81 26 3. The program shall require that a grantee be a nonprofit 81 27 organization incorporated in this state with demonstrated 81 28 successful experience in facilitating fatherhood promotion 81 29 activities, marriage and family promotion activities, in using 81 30 media resources to promote fatherhood and marriage and family 81 31 formation, in making presentations to service or faith-based 81 32 organizations, and in raising private funding for activities 81 33 that support fatherhood, marriage, and families. 81 34 4. Preference in awarding grants may be given to those 81 35 nonprofit organizations working with faith-based groups and 82 1 those groups targeting young fathers. 82 2 5. The program activities funded by a grant shall include 82 3 but are not limited to all of the following: 82 4 a. Working with individuals who have a demonstrated 82 5 ability in working with at-risk fathers or working with those 82 6 who may solemnize marriages pursuant to section 595.10 to 82 7 utilize premarital diagnostic tools, to implement marriage 82 8 agreements developed by the individuals who may solemnize 82 9 marriages pursuant to section 595.10 that provide for an 82 10 appropriate engagement period and premarital and post marital 82 11 counseling, and to use volunteer mentors in program 82 12 activities. 82 13 b. Provision of a series of meetings sharing best 82 14 practices that encourage young fathers to fulfill their 82 15 responsibilities to the expectant mother of the child during 82 16 the pregnancy, and to the mother of the child following the 82 17 birth of the child, that promote happy and healthy marriages, 82 18 and that offer counseling to determine the father's level of 82 19 commitment to the child and the child's mother. 82 20 6. The program activities funded by a grant shall be 82 21 privately funded at no less than fifty percent of the grant 82 22 amount. 82 23 7. Grants shall be awarded in a manner that results in 82 24 provision of services throughout the state in an equal number 82 25 of urban and rural geographic areas. 82 26 8. The department shall implement the grant program so 82 27 that the initial request for proposals is issued on or before 82 28 October 1, 2004, and so that any grants are awarded on or 82 29 before January 1, 2005. 82 30 9. A grantee shall submit a quarterly financial report to 82 31 the department and to the legislative services agency and 82 32 shall be subject to an annual independent evaluation to assess 82 33 accomplishment of the purposes of the program. 82 34 10. The department shall provide a copy of the request for 82 35 proposals and shall submit a report concerning the proposals 83 1 received and grants awarded to those persons designated by 83 2 this division of this Act to receive reports. 83 3 11. The department may adopt emergency rules to implement 83 4 the provisions of this section. 83 5 Sec. 96. FAMILY INVESTMENT PROGRAM ACCOUNT. 83 6 1. Moneys credited to the family investment program (FIP) 83 7 account for the fiscal year beginning July 1, 2004, and ending 83 8 June 30, 2005, shall be used in accordance with the following 83 9 requirements: 83 10 a. The department of human services shall provide 83 11 assistance in accordance with chapter 239B. 83 12 b. The department shall continue the special needs program 83 13 under FIP. 83 14 c. The department shall continue to comply with federal 83 15 welfare reform data requirements pursuant to the 83 16 appropriations made for that purpose. 83 17 d. The department shall continue expansion of the 83 18 electronic benefit transfer program as necessary to comply 83 19 with federal food stamp benefit requirements. The target date 83 20 for statewide implementation of the program is October 1, 83 21 2004. 83 22 2. The department may use a portion of the moneys credited 83 23 to the FIP account under this section, as necessary for 83 24 salaries, support, maintenance, and miscellaneous purposes for 83 25 not more than the following full-time equivalent positions 83 26 which are in addition to any other full-time equivalent 83 27 positions authorized by this division of this Act: 83 28 ............................................... FTEs 9.98 83 29 3. The department may transfer funds in accordance with 83 30 section 8.39, either federal or state, to or from the child 83 31 care appropriations made for the fiscal year beginning July 1, 83 32 2004, if the department deems this would be a more effective 83 33 method of paying for JOBS program child care, to maximize 83 34 federal funding, or to meet federal maintenance of effort 83 35 requirements. 84 1 4. Moneys appropriated in this division of this Act and 84 2 credited to the FIP account for the fiscal year beginning July 84 3 1, 2004, and ending June 30, 2005, are allocated as follows: 84 4 a. For the family development and self-sufficiency grant 84 5 program as provided under section 217.12: 84 6 .................................................. $ 5,133,042 84 7 (1) Of the funds allocated for the family development and 84 8 self-sufficiency grant program in this lettered paragraph, not 84 9 more than 5 percent of the funds shall be used for the 84 10 administration of the grant program. 84 11 (2) Based upon the annual evaluation report concerning 84 12 each grantee funded by previously appropriated funds and 84 13 through the solicitation of additional grant proposals, the 84 14 family development and self-sufficiency council may use the 84 15 allocated funds to renew or expand existing grants or award 84 16 new grants. In utilizing the funding allocated in this 84 17 lettered paragraph, the council shall give consideration, in 84 18 addition to other criteria established by the council, to a 84 19 grantee's intended use of local funds with a grant and to 84 20 whether approval of a grant proposal would expand the 84 21 availability of the program's services. 84 22 (3) The department may continue to implement the family 84 23 development and self-sufficiency grant program statewide 84 24 during FY 2004-2005. 84 25 b. For the diversion subaccount of the FIP account: 84 26 .................................................. $ 2,814,000 84 27 (1) Moneys allocated to the diversion subaccount shall be 84 28 used to implement FIP diversion statewide while continuing the 84 29 local flexibility in program design. A family that meets 84 30 income eligibility requirements for FIP may receive a one-time 84 31 payment to remedy an immediate need in order to permit the 84 32 family to maintain self-sufficiency without providing ongoing 84 33 cash assistance. A FIP participant family may receive 84 34 diversion assistance to overcome barriers to obtaining 84 35 employment and to assist in stabilizing employment in order to 85 1 increase the likelihood of the family leaving FIP more 85 2 quickly. The department shall assess and screen individuals 85 3 who would most likely benefit from the assistance. In 85 4 addition to the full-time equivalent positions authorized in 85 5 this division of this Act, 1.00 FTE is authorized for purposes 85 6 of diversion. The department may adopt additional eligibility 85 7 criteria as necessary for compliance with federal law and for 85 8 screening those families who would be most likely to become 85 9 eligible for FIP if diversion incentives would not be 85 10 provided. 85 11 (2) A portion of the moneys allocated for the subaccount 85 12 may be used for field operations salaries, data management 85 13 system development, and implementation costs and support 85 14 deemed necessary by the director of human services in order to 85 15 administer the FIP diversion program. 85 16 (3) Of the funds allocated in this lettered paragraph, not 85 17 more than $250,000 shall be used to develop or continue 85 18 community-level parental obligation pilot projects. The 85 19 requirements established under 2001 Iowa Acts, chapter 191, 85 20 section 3, subsection 5, paragraph "c", subparagraph (3), 85 21 shall remain applicable to the parental obligation pilot 85 22 projects for fiscal year 2004-2005. 85 23 c. For the food stamp employment and training program: 85 24 .................................................. $ 64,278 85 25 5. Of the child support collections assigned under FIP, an 85 26 amount equal to the federal share of support collections shall 85 27 be credited to the child support recovery appropriation. Of 85 28 the remainder of the assigned child support collections 85 29 received by the child support recovery unit, a portion shall 85 30 be credited to the FIP account and a portion may be used to 85 31 increase recoveries. 85 32 6. The department may adopt emergency administrative rules 85 33 for the family investment, food stamp, and medical assistance 85 34 programs, if necessary, to comply with federal requirements. 85 35 7. The department may continue the initiative to 86 1 streamline and simplify the employer verification process for 86 2 applicants, participants, and employers in the administration 86 3 of the department's programs. The department may contract 86 4 with companies collecting data from employers when the 86 5 information is needed in the administration of these programs. 86 6 The department may limit the availability of the initiative on 86 7 the basis of geographic area or number of individuals. 86 8 Sec. 97. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is 86 9 appropriated from the general fund of the state to the 86 10 department of human services for the fiscal year beginning 86 11 July 1, 2004, and ending June 30, 2005, the following amount, 86 12 or so much thereof as is necessary, to be used for the purpose 86 13 designated: 86 14 To be credited to the family investment program (FIP) 86 15 account and used for family investment program assistance 86 16 under chapter 239B: 86 17 .................................................. $ 39,045,438 86 18 1. The department of workforce development, in 86 19 consultation with the department of human services, shall 86 20 continue to utilize recruitment and employment practices to 86 21 include former and current FIP recipients. 86 22 2. The department of human services shall continue to work 86 23 with the department of workforce development and local 86 24 community collaborative efforts to provide support services 86 25 for FIP participants. The support services shall be directed 86 26 to those participant families who would benefit from the 86 27 support services and are likely to have success in achieving 86 28 economic independence. 86 29 3. Of the funds appropriated in this section, $9,274,143 86 30 is allocated for the JOBS program. 86 31 4. The department shall continue to work with religious 86 32 organizations and other charitable institutions to increase 86 33 the availability of host homes, referred to as second chance 86 34 homes or other living arrangements under the federal Personal 86 35 Responsibility and Work Opportunity Reconciliation Act of 87 1 1996, Pub. L. No. 104-193, } 103, and successor legislation. 87 2 The purpose of the homes or arrangements is to provide a 87 3 supportive and supervised living arrangement for minor parents 87 4 receiving assistance under the family investment program who, 87 5 under chapter 239B, may receive assistance while living in an 87 6 alternative setting other than with their parent or legal 87 7 guardian. 87 8 Sec. 98. CHILD SUPPORT RECOVERY. There is appropriated 87 9 from the general fund of the state to the department of human 87 10 services for the fiscal year beginning July 1, 2004, and 87 11 ending June 30, 2005, the following amount, or so much thereof 87 12 as is necessary, to be used for the purposes designated: 87 13 For child support recovery, including salaries, support, 87 14 maintenance, and miscellaneous purposes and for not more than 87 15 the following full-time equivalent positions: 87 16 .................................................. $ 5,715,656 87 17 ............................................... FTEs 407.00 87 18 1. The director of human services, within the limitations 87 19 of the moneys appropriated in this section, or moneys 87 20 transferred from the family investment program account for 87 21 this purpose, shall establish new positions and add employees 87 22 to the child support recovery unit if the director determines 87 23 that both the current and additional employees together can 87 24 reasonably be expected to maintain or increase net state 87 25 revenue at or beyond the budgeted level. 87 26 2. Nonpublic assistance application fees and other user 87 27 fees received by the child support recovery unit are 87 28 appropriated and shall be used for the purposes of the child 87 29 support recovery program. The director of human services may 87 30 add positions within the limitations of the amount 87 31 appropriated for salaries and support for the positions. 87 32 3. The director of human services, in consultation with 87 33 the department of management and the legislative fiscal 87 34 committee, is authorized to receive and deposit state child 87 35 support incentive earnings in the manner specified under 88 1 applicable federal requirements. 88 2 4. a. The director of human services may establish new 88 3 positions and add state employees to the child support 88 4 recovery unit or contract for delivery of services if the 88 5 director determines the employees are necessary to replace 88 6 county-funded positions eliminated due to termination, 88 7 reduction, or nonrenewal of a chapter 28E contract. However, 88 8 the director must also determine that the resulting increase 88 9 in the state share of child support recovery incentives 88 10 exceeds the cost of the positions or contract, the positions 88 11 or contract are necessary to ensure continued federal funding 88 12 of the program, or the new positions or contract can 88 13 reasonably be expected to recover at least twice the amount of 88 14 money necessary to pay the salaries and support for the new 88 15 positions or the contract will generate at least 200 percent 88 16 of the cost of the contract. 88 17 b. Employees in full-time positions that transition from 88 18 county government to state government employment under this 88 19 subsection are exempt from testing, selection, and appointment 88 20 provisions of chapter 19A and from the provisions of 88 21 collective bargaining agreements relating to the filling of 88 22 vacant positions. 88 23 5. Surcharges paid by obligors and received by the unit as 88 24 a result of the referral of support delinquency by the child 88 25 support recovery unit to any private collection agency are 88 26 appropriated to the department and shall be used to pay the 88 27 costs of any contracts with the collection agencies. 88 28 6. The department shall expend up to $31,000, including 88 29 federal financial participation, for the fiscal year beginning 88 30 July 1, 2004, for a child support public awareness campaign. 88 31 The department and the office of the attorney general shall 88 32 cooperate in continuation of the campaign. The public 88 33 awareness campaign shall emphasize, through a variety of media 88 34 activities, the importance of maximum involvement of both 88 35 parents in the lives of their children as well as the 89 1 importance of payment of child support obligations. 89 2 7. Federal access and visitation grant moneys shall be 89 3 issued directly to private not-for-profit agencies that 89 4 provide services designed to increase compliance with the 89 5 child access provisions of court orders, including but not 89 6 limited to neutral visitation site and mediation services. 89 7 Sec. 99. MEDICAL ASSISTANCE. There is appropriated from 89 8 the general fund of the state to the department of human 89 9 services for the fiscal year beginning July 1, 2004, and 89 10 ending June 30, 2005, the following amount, or so much thereof 89 11 as is necessary, to be used for the purpose designated: 89 12 For medical assistance reimbursement and associated costs 89 13 as specifically provided in the reimbursement methodologies in 89 14 effect on June 30, 2004, except as otherwise expressly 89 15 authorized by law, including reimbursement for abortion 89 16 services, which shall be available under the medical 89 17 assistance program only for those abortions which are 89 18 medically necessary: 89 19 .................................................. $362,794,101 89 20 1. Medically necessary abortions are those performed under 89 21 any of the following conditions: 89 22 a. The attending physician certifies that continuing the 89 23 pregnancy would endanger the life of the pregnant woman. 89 24 b. The attending physician certifies that the fetus is 89 25 physically deformed, mentally deficient, or afflicted with a 89 26 congenital illness. 89 27 c. The pregnancy is the result of a rape which is reported 89 28 within 45 days of the incident to a law enforcement agency or 89 29 public or private health agency which may include a family 89 30 physician. 89 31 d. The pregnancy is the result of incest which is reported 89 32 within 150 days of the incident to a law enforcement agency or 89 33 public or private health agency which may include a family 89 34 physician. 89 35 e. Any spontaneous abortion, commonly known as a 90 1 miscarriage, if not all of the products of conception are 90 2 expelled. 90 3 2. Notwithstanding section 8.39, the department may 90 4 transfer funds appropriated in this section to a separate 90 5 account established in the department's case management unit 90 6 for expenditures required to provide case management services 90 7 for mental health, mental retardation, and developmental 90 8 disabilities services under medical assistance which are 90 9 jointly funded by the state and county, pending final 90 10 settlement of the expenditures. Funds received by the case 90 11 management unit in settlement of the expenditures shall be 90 12 used to replace the transferred funds and are available for 90 13 the purposes for which the funds were appropriated in this 90 14 section. 90 15 3. a. The county of legal settlement shall be billed for 90 16 50 percent of the nonfederal share of the cost of case 90 17 management provided for adults, day treatment, and partial 90 18 hospitalization in accordance with sections 249A.26 and 90 19 249A.27, and 100 percent of the nonfederal share of the cost 90 20 of care for adults which is reimbursed under a federally 90 21 approved home and community-based services waiver that would 90 22 otherwise be approved for provision in an intermediate care 90 23 facility for persons with mental retardation (ICFMR), provided 90 24 under the medical assistance program. The state shall have 90 25 responsibility for the remaining 50 percent of the nonfederal 90 26 share of the cost of case management provided for adults, day 90 27 treatment, and partial hospitalization. For persons without a 90 28 county of legal settlement, the state shall have 90 29 responsibility for 100 percent of the nonfederal share of the 90 30 costs of case management provided for adults, day treatment, 90 31 partial hospitalization, and the home and community-based 90 32 services waiver. The case management services specified in 90 33 this subsection shall be billed to a county only if the 90 34 services are provided outside of a managed care contract. 90 35 b. The state shall pay the entire nonfederal share of the 91 1 costs for case management services provided to persons 17 91 2 years of age and younger who are served in a medical 91 3 assistance home and community-based services waiver program 91 4 for persons with mental retardation. 91 5 c. Medical assistance funding for case management services 91 6 for eligible persons 17 years of age and younger shall also be 91 7 provided to persons residing in counties with child welfare 91 8 decategorization projects implemented in accordance with 91 9 section 232.188, provided these projects have included these 91 10 persons in their service plan and the decategorization project 91 11 county is willing to provide the nonfederal share of costs. 91 12 d. When paying the necessary and legal expenses of ICFMR 91 13 services, the cost payment requirements of section 222.60 91 14 shall be considered fulfilled when payment is made in 91 15 accordance with the medical assistance payment rates 91 16 established for ICFMRs by the department and the state or a 91 17 county of legal settlement is not obligated for any amount in 91 18 excess of the rates. 91 19 e. Unless a county has paid or is paying for the 91 20 nonfederal share of the cost of a person's home and community- 91 21 based waiver services or ICFMR placement under the county's 91 22 mental health, mental retardation, and developmental 91 23 disabilities services fund, or unless a county of legal 91 24 settlement would become liable for the costs of services at 91 25 the ICFMR level of care for a person due to the person 91 26 reaching the age of majority, the state shall pay the 91 27 nonfederal share of the costs of an eligible person's services 91 28 under the home and community-based waiver for persons with 91 29 brain injury. 91 30 4. The department shall utilize not more than $60,000 of 91 31 the funds appropriated in this section to continue the 91 32 AIDS/HIV health insurance premium payment program as 91 33 established in 1992 Iowa Acts, Second Extraordinary Session, 91 34 chapter 1001, section 409, subsection 6. Of the funds 91 35 allocated in this subsection, not more than $5,000 may be 92 1 expended for administrative purposes. 92 2 5. Of the funds appropriated to the Iowa department of 92 3 public health for addictive disorders, $950,000 for the fiscal 92 4 year beginning July 1, 2004, shall be transferred to the 92 5 department of human services for an integrated substance abuse 92 6 managed care system. 92 7 6. In administering the medical assistance home and 92 8 community-based services waivers, the total number of openings 92 9 at any one time shall be limited to the number approved for a 92 10 waiver by the secretary of the United States department of 92 11 health and human services. The openings shall be available on 92 12 a first-come, first-served basis. 92 13 7. The department of human services, in consultation with 92 14 the Iowa department of public health and the department of 92 15 education, shall continue the program to utilize the early and 92 16 periodic screening, diagnosis, and treatment (EPSDT) funding 92 17 under medical assistance, to the extent possible, to implement 92 18 the screening component of the EPSDT program through the 92 19 school system. The department may enter into contracts to 92 20 utilize maternal and child health centers, the public health 92 21 nursing program, or school nurses in implementing this 92 22 provision. 92 23 8. If the federal centers for Medicare and Medicaid 92 24 services approves a waiver request from the department, the 92 25 department shall provide a period of 24 months of guaranteed 92 26 eligibility for medical assistance family planning services, 92 27 regardless of the change in circumstances of a woman who was a 92 28 medical assistance recipient when a pregnancy ended. 92 29 9. The department shall aggressively pursue options for 92 30 providing medical assistance or other assistance to 92 31 individuals with special needs who become ineligible to 92 32 continue receiving services under the early and periodic 92 33 screening, diagnosis, and treatment program under the medical 92 34 assistance program due to becoming 21 years of age, who have 92 35 been approved for additional assistance through the 93 1 department's exception to policy provisions, but who have 93 2 health care needs in excess of the funding available through 93 3 the exception to policy process. 93 4 10. The Iowa medical assistance drug utilization review 93 5 commission shall submit copies of the board's annual review, 93 6 including facts and findings, of the drugs on the department's 93 7 prior authorization list to the department and to the members 93 8 of the joint appropriations subcommittee on health and human 93 9 services. 93 10 11. The department of human services shall submit a 93 11 Medicaid state plan amendment to the centers for Medicare and 93 12 Medicaid services of the United States department of health 93 13 and human services to provide that for the fiscal year 93 14 beginning July 1, 2004, and ending June 30, 2005, the 93 15 department of human services shall adjust hospital payments to 93 16 state-owned acute-care hospitals with over 500 beds to offset 93 17 the high cost incurred by such facilities for providing 93 18 services to medical assistance patients. The amendment shall 93 19 provide that adjustments shall be made to the payments for 93 20 inpatient and outpatient hospital services to which the 93 21 hospital would otherwise be entitled under the medical 93 22 assistance program. Additionally, the amendment shall provide 93 23 that the adjustments shall be established at the level 93 24 intended to increase the medical assistance payments to 93 25 qualifying hospitals up to the lesser of the categorical 93 26 Medicare upper payment limit for inpatient and outpatient 93 27 services, or the hospital-specific limit, as defined under 42 93 28 C.F.R. 447.272, 42 C.F.R. 447.321, and 42 U.S.C. } 1396r-4(g), 93 29 as applicable. 93 30 Sec. 100. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 93 31 is appropriated from the general fund of the state to the 93 32 department of human services for the fiscal year beginning 93 33 July 1, 2004, and ending June 30, 2005, the following amount, 93 34 or so much thereof as is necessary, to be used for the purpose 93 35 designated: 94 1 For administration of the health insurance premium payment 94 2 program, including salaries, support, maintenance, and 94 3 miscellaneous purposes, and for not more than the following 94 4 full-time equivalent positions: 94 5 .................................................. $ 606,429 94 6 ............................................... FTEs 20.95 94 7 Sec. 101. MEDICAL CONTRACTS. There is appropriated from 94 8 the general fund of the state to the department of human 94 9 services for the fiscal year beginning July 1, 2004, and 94 10 ending June 30, 2005, the following amount, or so much thereof 94 11 as is necessary, to be used for the purpose designated: 94 12 For medical contracts, including salaries, support, 94 13 maintenance, and miscellaneous purposes, and for not more than 94 14 the following full-time equivalent positions: 94 15 .................................................. $ 9,725,035 94 16 ............................................... FTEs 1.00 94 17 1. In any managed care contract for mental health or 94 18 substance abuse services entered into or extended by the 94 19 department on or after July 1, 2004, the request for proposals 94 20 shall provide for coverage of dual diagnosis mental health and 94 21 substance abuse treatment provided at the state mental health 94 22 institute at Mount Pleasant. To the extent possible, the 94 23 department shall also amend any such contract existing on July 94 24 1, 2004, to provide for such coverage. 94 25 2. Up to $665,000 of the moneys deposited in the 94 26 pharmaceutical settlement account created pursuant to section 94 27 249A.33 is appropriated to the department for the fiscal year 94 28 beginning July 1, 2004, and ending June 30, 2005, to be used 94 29 for the procurement of and transition to the new medical 94 30 assistance program fiscal intermediary vendors. 94 31 Sec. 102. MEDICAL ASSISTANCE PROGRAM – REQUIREMENTS. 94 32 1. The department of human services shall do all of the 94 33 following: 94 34 a. Institute a request for proposals process to purchase 94 35 durable medical equipment and medical supplies provided under 95 1 the medical assistance program from a single supplier chosen 95 2 through the request for proposals process. 95 3 b. Expand the recipient lock-in program, surveillance and 95 4 utilization review activities, and program audit activities to 95 5 the greatest extent possible. Any savings realized from the 95 6 expansion may be used to the extent necessary to pay the costs 95 7 associated with implementation of this subsection. The 95 8 department shall report the amount of any savings realized and 95 9 the amount of any costs paid to the persons designated in this 95 10 Act to receive reports. 95 11 c. Implement a health insurance data match program and 95 12 other third-party obligor collection enhancements. The 95 13 program shall require that all insurance carriers in the state 95 14 provide an electronic copy of a list of their insureds, in a 95 15 format approved by the department, to be used to match against 95 16 a listing of medical assistance recipients. The information 95 17 submitted shall be used solely to identify third-party payors 95 18 for medical assistance recipients and shall be kept 95 19 confidential. Insurers shall begin providing the information 95 20 to the department by July 1, 2004. 95 21 d. Notwithstanding any provision of law to the contrary, 95 22 institute a process whereby home health agencies are required 95 23 to bill the Medicare program for appropriate home health 95 24 services and pharmacy claims. The process shall require that 95 25 as a condition of receiving payment under the medical 95 26 assistance program, the home health agency must attach a 95 27 Medicare denial of benefits form to the Medicaid program claim 95 28 form. 95 29 e. Reimburse physicians who administer injectable drugs in 95 30 an amount that is equal to the invoiced cost paid by the 95 31 physician to the manufacturer from whom the drug was 95 32 purchased. A separate payment shall be made for 95 33 administration of the drug. 95 34 f. Exclude brand name drugs from the rate calculation 95 35 under the state maximum allowable cost program. 96 1 g. Implement a process to require prior authorization for 96 2 admissions to intermediate care facilities for persons with 96 3 mental retardation. The requirement of prior authorization 96 4 shall apply to admissions beginning November 1, 2004. 96 5 h. Institute a process to draw down the maximum amount of 96 6 disproportionate share hospital reimbursement under the 96 7 medical assistance program as provided in the federal 96 8 Prescription Drug and Medicare Improvement Act of 2003 to 96 9 increase the reimbursement to a county-owned hospital in a 96 10 county with a population over 200,000. 96 11 i. (1) Adopt rules that require a pharmacist to dispense 96 12 the less expensive, reasonably available, interchangeable drug 96 13 product as allowed by the most current formulary or supplement 96 14 of the formulary, unless the practitioner indicates that no 96 15 substitution is allowed. 96 16 (2) For the purposes of the rules adopted under this 96 17 subsection: 96 18 (a) "Interchangeable drug product" means a product 96 19 containing a drug in the same amounts of the same active 96 20 ingredients in the same dosage form as other products with the 96 21 same generic or chemical name and which provides the lowest 96 22 net cost to the state. 96 23 (b) "Lowest net cost" means the amount paid by the state 96 24 to the pharmacy for a drug under the current retail pharmacy 96 25 reimbursement formula, less any discounts or rebates, 96 26 including those paid pursuant to federal Medicaid law during 96 27 the previous calendar quarter, and inclusive of all dispensing 96 28 fees. 96 29 2. The department may adopt emergency rules and shall 96 30 apply for any federal waivers or plan amendments necessary to 96 31 implement the provisions of this section. 96 32 Sec. 103. STATE SUPPLEMENTARY ASSISTANCE. 96 33 1. There is appropriated from the general fund of the 96 34 state to the department of human services for the fiscal year 96 35 beginning July 1, 2004, and ending June 30, 2005, the 97 1 following amount, or so much thereof as is necessary, to be 97 2 used for the purposes designated: 97 3 For state supplementary assistance and the medical 97 4 assistance home and community-based services waiver rent 97 5 subsidy program: 97 6 .................................................. $ 19,273,135 97 7 2. The department shall increase the personal needs 97 8 allowance for residents of residential care facilities by the 97 9 same percentage and at the same time as federal supplemental 97 10 security income and federal social security benefits are 97 11 increased due to a recognized increase in the cost of living. 97 12 The department may adopt emergency rules to implement this 97 13 subsection. 97 14 3. If during the fiscal year beginning July 1, 2004, the 97 15 department projects that state supplementary assistance 97 16 expenditures for a calendar year will not meet the federal 97 17 pass-along requirement specified in Title XVI of the federal 97 18 Social Security Act, section 1618, as codified in 42 U.S.C. } 97 19 1382g, the department may take actions including but not 97 20 limited to increasing the personal needs allowance for 97 21 residential care facility residents and making programmatic 97 22 adjustments or upward adjustments of the residential care 97 23 facility or in-home health-related care reimbursement rates 97 24 prescribed in this division of this Act to ensure that federal 97 25 requirements are met. In addition, the department may make 97 26 other programmatic and rate adjustments necessary to remain 97 27 within the amount appropriated in this section while ensuring 97 28 compliance with federal requirements. The department may 97 29 adopt emergency rules to implement the provisions of this 97 30 subsection. 97 31 Sec. 104. CHILDREN'S HEALTH INSURANCE PROGRAM. There is 97 32 appropriated from the general fund of the state to the 97 33 department of human services for the fiscal year beginning 97 34 July 1, 2004, and ending June 30, 2005, the following amount, 97 35 or so much thereof as is necessary, to be used for the purpose 98 1 designated: 98 2 For maintenance of the healthy and well kids in Iowa (hawk- 98 3 i) program pursuant to chapter 514I for receipt of federal 98 4 financial participation under Title XXI of the federal Social 98 5 Security Act, which creates the state children's health 98 6 insurance program: 98 7 .................................................. $ 12,618,275 98 8 1. The department may transfer funds appropriated in this 98 9 section to be used for the purpose of expanding health care 98 10 coverage to children under the medical assistance program. 98 11 The department shall provide periodic updates to the general 98 12 assembly of expenditures of funds appropriated in this 98 13 section. 98 14 2. Moneys in the hawk-i trust fund are appropriated to the 98 15 department of human services and shall be used to offset any 98 16 program costs for the fiscal year beginning July 1, 2004, and 98 17 ending June 30, 2005. 98 18 Sec. 105. CHILD CARE ASSISTANCE. There is appropriated 98 19 from the general fund of the state to the department of human 98 20 services for the fiscal year beginning July 1, 2004, and 98 21 ending June 30, 2005, the following amount, or so much thereof 98 22 as is necessary, to be used for the purpose designated: 98 23 For child care programs: 98 24 .................................................. $ 5,050,752 98 25 1. a. Of the funds appropriated in this section, 98 26 $4,525,228 shall be used for state child care assistance in 98 27 accordance with section 237A.13. 98 28 b. During the 2004-2005 fiscal year, the moneys deposited 98 29 in the child care credit fund created in section 237A.28 are 98 30 appropriated to the department to be used for state child care 98 31 assistance in accordance with section 237A.13, in addition to 98 32 the moneys allocated for that purpose in paragraph "a". 98 33 2. Nothing in this section shall be construed or is 98 34 intended as, or shall imply, a grant of entitlement for 98 35 services to persons who are eligible for assistance due to an 99 1 income level consistent with the waiting list requirements of 99 2 section 237A.13. Any state obligation to provide services 99 3 pursuant to this section is limited to the extent of the funds 99 4 appropriated in this section. 99 5 3. Of the funds appropriated in this section, $525,524 is 99 6 allocated for the statewide program for child care resource 99 7 and referral services under section 237A.26. 99 8 4. The department may use any of the funds appropriated in 99 9 this section as a match to obtain federal funds for use in 99 10 expanding child care assistance and related programs. For the 99 11 purpose of expenditures of state and federal child care 99 12 funding, funds shall be considered obligated at the time 99 13 expenditures are projected or are allocated to the 99 14 department's service areas. Projections shall be based on 99 15 current and projected caseload growth, current and projected 99 16 provider rates, staffing requirements for eligibility 99 17 determination and management of program requirements including 99 18 data systems management, staffing requirements for 99 19 administration of the program, contractual and grant 99 20 obligations and any transfers to other state agencies, and 99 21 obligations for decategorization or innovation projects. 99 22 5. A portion of the state match for the federal child care 99 23 and development block grant shall be provided through the 99 24 state general fund appropriation for child development grants 99 25 and other programs for at-risk children in section 279.51. 99 26 6. If the department receives additional funding from the 99 27 federal government designated for purposes of improving child 99 28 care quality, the funding shall be used for additional child 99 29 care consultant positions within the department's field 99 30 operations. 99 31 Sec. 106. CHILD CARE QUALITY RATING SYSTEM. 99 32 1. By December 15, 2004, the department of human services 99 33 shall submit to the governor and general assembly a plan for 99 34 implementation of a voluntary child care provider quality 99 35 rating system. In developing the implementation plan for the 100 1 quality rating system, the department of human services shall 100 2 partner with the community empowerment office in the 100 3 department of management and the state child care advisory 100 4 council. The department shall also coordinate with the state 100 5 agencies represented on the Iowa empowerment board, child care 100 6 resource and referral service grantees under section 237A.26, 100 7 and other agencies and organizations that focus on community- 100 8 based early childhood services. 100 9 2. The implementation plan shall detail the rating system 100 10 structure, including the number of quality levels, outline the 100 11 manner in which the system will be administered, identify the 100 12 statutory and rule changes needed, identify implementation 100 13 costs and funding strategies, include a communication plan 100 14 targeted to both providers and parents, and propose an 100 15 implementation timeline. 100 16 3. Each quality rating level in the proposed system may 100 17 address one or more of the following quality variables: staff 100 18 education, training, and credentials; director education and 100 19 training; an environmental rating scale or other means to 100 20 assess or evaluate the physical, health, and safety aspects of 100 21 a child care facility; parental involvement; staff-to-child 100 22 ratios; national accreditation; compliance history; 100 23 curriculum; business practices; staff retention; staff 100 24 compensation and benefits; provider membership in early 100 25 childhood professional organizations; and other appropriate 100 26 quality variables. 100 27 4. In providing support and recognition for providers who 100 28 seek to attain higher quality rating levels, the plan may 100 29 propose payment of a reimbursement differential under the 100 30 state child care assistance program. In addition, the plan 100 31 may provide for supplying provider quality ratings on the 100 32 department's internet site and in other consumer information 100 33 distributed pursuant to section 237A.25 and in information 100 34 supplied to parents by child care resource and referral 100 35 services. 101 1 Sec. 107. JUVENILE INSTITUTIONS. There is appropriated 101 2 from the general fund of the state to the department of human 101 3 services for the fiscal year beginning July 1, 2004, and 101 4 ending June 30, 2005, the following amounts, or so much 101 5 thereof as is necessary, to be used for the purposes 101 6 designated: 101 7 1. For operation of the Iowa juvenile home at Toledo and 101 8 for salaries, support, maintenance, and for not more than the 101 9 following full-time equivalent positions: 101 10 .................................................. $ 6,061,266 101 11 ............................................... FTEs 130.54 101 12 The department is requested to convene a group to review 101 13 the programs and services of the Iowa juvenile home and to 101 14 present the governor and general assembly with suggestions for 101 15 improvements. The group should review previous studies and 101 16 reports on the institution. The membership of the group 101 17 should include but is not limited to representatives of 101 18 departmental field staff, juvenile judges, juvenile court 101 19 officers, alumni of the institution, other departmental 101 20 institutions, community-based providers, and other interested 101 21 parties. 101 22 2. For operation of the state training school at Eldora 101 23 and for salaries, support, maintenance, and for not more than 101 24 the following full-time equivalent positions: 101 25 .................................................. $ 9,570,563 101 26 ............................................... FTEs 218.53 101 27 3. During the fiscal year beginning July 1, 2004, the 101 28 population levels at the state juvenile institutions shall not 101 29 exceed the population guidelines established under 1990 Iowa 101 30 Acts, chapter 1239, section 21, as adjusted for subsequent 101 31 changes in capacity at the institutions. 101 32 4. A portion of the moneys appropriated in this section 101 33 shall be used by the state training school and by the Iowa 101 34 juvenile home for grants for adolescent pregnancy prevention 101 35 activities at the institutions in the fiscal year beginning 102 1 July 1, 2004. 102 2 5. Within the amounts appropriated in this section, the 102 3 department may transfer funds as necessary to best fulfill the 102 4 needs of the institutions provided for in the appropriation. 102 5 Sec. 108. CHILD AND FAMILY SERVICES. 102 6 1. There is appropriated from the general fund of the 102 7 state to the department of human services for the fiscal year 102 8 beginning July 1, 2004, and ending June 30, 2005, the 102 9 following amount, or so much thereof as is necessary, to be 102 10 used for the purpose designated: 102 11 For child and family services: 102 12 .................................................. $ 90,135,253 102 13 2. The department may transfer funds appropriated in this 102 14 section as necessary to pay the nonfederal costs of services 102 15 reimbursed under medical assistance or the family investment 102 16 program which are provided to children who would otherwise 102 17 receive services paid under the appropriation in this section. 102 18 The department may transfer funds appropriated in this section 102 19 to the appropriations in this division of this Act for general 102 20 administration and for field operations for resources 102 21 necessary to implement and operate the services funded in this 102 22 section. 102 23 3. a. Of the funds appropriated in this section, up to 102 24 $34,653,383 is allocated as the statewide expenditure target 102 25 under section 232.143 for group foster care maintenance and 102 26 services. 102 27 b. If at any time after September 30, 2004, annualization 102 28 of a service area's current expenditures indicates a service 102 29 area is at risk of exceeding its group foster care expenditure 102 30 target under section 232.143 by more than 5 percent, the 102 31 department and juvenile court services shall examine all group 102 32 foster care placements in that service area in order to 102 33 identify those which might be appropriate for termination. In 102 34 addition, any aftercare services believed to be needed for the 102 35 children whose placements may be terminated shall be 103 1 identified. The department and juvenile court services shall 103 2 initiate action to set dispositional review hearings for the 103 3 placements identified. In such a dispositional review 103 4 hearing, the juvenile court shall determine whether needed 103 5 aftercare services are available and whether termination of 103 6 the placement is in the best interest of the child and the 103 7 community. 103 8 c. Of the funds allocated in this subsection, $1,398,403 103 9 is allocated as the state match funding for 50 highly 103 10 structured juvenile program beds. If the number of beds 103 11 provided for in this lettered paragraph is not utilized, the 103 12 remaining funds allocated may be used for group foster care. 103 13 d. For the fiscal year beginning July 1, 2004, the 103 14 requirements of section 232.143 applicable to the juvenile 103 15 court and to representatives of the juvenile court shall be 103 16 applicable instead to juvenile court services and to 103 17 representatives of juvenile court services. The 103 18 representatives appointed by the department of human services 103 19 and by juvenile court services to establish the plan to 103 20 contain expenditures for children placed in group foster care 103 21 ordered by the court within the budget target allocated to the 103 22 service area shall establish the plan in a manner so as to 103 23 ensure the moneys allocated to the service area under section 103 24 232.143 shall last the entire fiscal year. Funds for a child 103 25 placed in group foster care shall be considered encumbered for 103 26 the duration of the child's projected or actual length of 103 27 stay, whichever is applicable. 103 28 4. In accordance with the provisions of section 232.188, 103 29 the department shall continue the program to decategorize 103 30 child welfare services funding. Of the funds appropriated in 103 31 this section, $3,000,000 is allocated specifically for 103 32 expenditure through the decategorization of child welfare 103 33 funding pools and governance boards established pursuant to 103 34 section 232.188. Notwithstanding section 8.33, moneys 103 35 allocated in this subsection that remain unencumbered or 104 1 unobligated at the close of the fiscal year shall not revert 104 2 but shall remain available for expenditure for the purposes 104 3 designated until the close of the succeeding fiscal year. It 104 4 is the intent of the general assembly that the department 104 5 continue its practice of providing strong support for Iowa's 104 6 nationally recognized initiative of decategorization of child 104 7 welfare funding. 104 8 5. Of the funds appropriated in this section, up to 104 9 $915,892 is allocated for additional funding of the family 104 10 preservation program. 104 11 6. The department shall continue the goal that not more 104 12 than 15 percent of the children placed in foster care funded 104 13 under the federal Social Security Act, Title IV-E, may be 104 14 placed in foster care for a period of more than 24 months. 104 15 7. A portion of the funding appropriated in this section 104 16 may be used for emergency family assistance to provide other 104 17 resources required for a family participating in a family 104 18 preservation or reunification project to stay together or to 104 19 be reunified. 104 20 8. a. Notwithstanding section 234.35, subsection 1, for 104 21 the fiscal year beginning July 1, 2004, state funding for 104 22 shelter care paid pursuant to section 234.35, subsection 1, 104 23 paragraph "h", and under the proposals selected pursuant to 104 24 paragraph "b" shall be limited to $6,926,718. 104 25 b. The department shall issue one or more requests for 104 26 proposals for provision of shelter care services. The request 104 27 shall be designed to ensure coverage in all counties of the 104 28 state, to protect child safety, to encourage providers to 104 29 provide alternative emergency services to children referred to 104 30 shelter care such as crisis intervention and emergency family 104 31 foster care, and to manage costs within available funds. The 104 32 department shall obtain input from shelter care and other 104 33 child welfare providers, from law enforcement, and from 104 34 counties in developing a request under this subsection. A 104 35 request shall include an expectation that providers accept all 105 1 referrals up to a specified maximum number of referrals, and 105 2 shall set performance expectations related to safety, 105 3 stability, and child well-being. The funding for the request 105 4 for proposals process and for the proposal or proposals 105 5 selected shall be provided through the state funding for 105 6 shelter care services, and shall include provisions to 105 7 maintain a county contribution for the costs of serving 105 8 children who are referred to shelter care. Notwithstanding 105 9 sections 232.141 and 234.35, the provisions for county funding 105 10 under the proposal or proposals selected may be different from 105 11 those specified in section 232.141. The department shall work 105 12 with counties to develop the specific formula for county 105 13 funding of services for children referred to shelter care and 105 14 served under the proposal or proposals selected. The 105 15 department may adopt emergency rules to implement this 105 16 paragraph. 105 17 9. The department shall continue to make adoption 105 18 presubsidy and adoption subsidy payments to adoptive parents 105 19 at the beginning of the month for the current month. 105 20 10. Federal funds received by the state during the fiscal 105 21 year beginning July 1, 2004, as the result of the expenditure 105 22 of state funds appropriated during a previous state fiscal 105 23 year for a service or activity funded under this section, are 105 24 appropriated to the department to be used as additional 105 25 funding for services and purposes provided for under this 105 26 section. Notwithstanding section 8.33, moneys received in 105 27 accordance with this subsection that remain unencumbered or 105 28 unobligated at the close of the fiscal year shall not revert 105 29 to any fund but shall remain available for the purposes 105 30 designated until the close of the succeeding fiscal year. 105 31 11. Of the moneys appropriated in this section, not more 105 32 than $442,100 is allocated to provide clinical assessment 105 33 services as necessary to continue funding of children's 105 34 rehabilitation services under medical assistance in accordance 105 35 with federal law and requirements. The funding allocated is 106 1 the amount projected to be necessary for providing the 106 2 clinical assessment services. 106 3 12. Of the funding appropriated in this section, 106 4 $3,696,285 shall be used for protective child care assistance. 106 5 13. Of the moneys appropriated in this section, up to 106 6 $2,859,851 is allocated for the payment of the expenses of 106 7 court-ordered services provided to juveniles which are a 106 8 charge upon the state pursuant to section 232.141, subsection 106 9 4. 106 10 a. Notwithstanding section 232.141 or any other provision 106 11 of law to the contrary, the amount allocated in this 106 12 subsection shall be distributed to the judicial districts as 106 13 determined by the state court administrator. The state court 106 14 administrator shall make the determination of the distribution 106 15 amounts on or before June 15, 2004. 106 16 b. Notwithstanding chapter 232 or any other provision of 106 17 law to the contrary, a district or juvenile court shall not 106 18 order any service which is a charge upon the state pursuant to 106 19 section 232.141 if there are insufficient court-ordered 106 20 services funds available in the district court distribution 106 21 amount to pay for the service. The chief juvenile court 106 22 officer shall encourage use of the funds allocated in this 106 23 subsection such that there are sufficient funds to pay for all 106 24 court-related services during the entire year. The chief 106 25 juvenile court officers shall attempt to anticipate potential 106 26 surpluses and shortfalls in the distribution amounts and shall 106 27 cooperatively request the state court administrator to 106 28 transfer funds between the districts' distribution amounts as 106 29 prudent. 106 30 c. Notwithstanding any provision of law to the contrary, a 106 31 district or juvenile court shall not order a county to pay for 106 32 any service provided to a juvenile pursuant to an order 106 33 entered under chapter 232 which is a charge upon the state 106 34 under section 232.141, subsection 4. 106 35 d. Of the funding allocated in this subsection, not more 107 1 than $100,000 may be used by the judicial branch for 107 2 administration of the requirements under this subsection and 107 3 for travel associated with court-ordered placements which are 107 4 a charge upon the state pursuant to section 232.141, 107 5 subsection 4. 107 6 14. a. Of the funding appropriated in this section, 107 7 $3,062,193 is allocated to provide school-based supervision of 107 8 children adjudicated under chapter 232, including not more 107 9 than $1,431,597 from the allocation in this section for court- 107 10 ordered services. Not more than $15,000 of the funding 107 11 allocated in this subsection may be used for the purpose of 107 12 training. 107 13 b. A portion of the cost of each school-based liaison 107 14 officer shall be paid by the school district or other funding 107 15 source as approved by the chief juvenile court officer. 107 16 15. The department shall maximize the capacity to draw 107 17 federal funding under Title IV-E of the federal Social 107 18 Security Act. 107 19 16. Any unanticipated federal funding that is received 107 20 during the fiscal year due to improvements in the hours 107 21 counted by the judicial branch under the claiming process for 107 22 federal Title IV-E funding are appropriated to the department 107 23 to be used for additional or expanded services and support for 107 24 court-ordered services pursuant to section 232.141. 107 25 Notwithstanding section 8.33, moneys appropriated in this 107 26 subsection that remain unencumbered or unobligated at the 107 27 close of the fiscal year shall not revert but shall remain 107 28 available for expenditure for the purposes designated until 107 29 the close of the succeeding fiscal year. 107 30 17. Notwithstanding section 234.39, subsection 5, and 2000 107 31 Iowa Acts, chapter 1228, section 43, the department may 107 32 operate a subsidized guardianship program if the United States 107 33 department of health and human services approves a waiver 107 34 under Title IV-E of the federal Social Security Act or the 107 35 federal Social Security Act is amended to allow Title IV-E 108 1 funding to be used for subsidized guardianship, and the 108 2 subsidized guardianship program can be operated without loss 108 3 of Title IV-E funds. 108 4 18. The department shall work with foster and adoptive 108 5 families, private child welfare agencies, and advocates to 108 6 identify savings alternatives in the adoption subsidy program. 108 7 The department may adopt emergency rules to implement this 108 8 subsection. 108 9 19. The department shall develop a plan for privatizing 108 10 the administration of the foster care and adoption programs. 108 11 The plan shall be submitted to the governor and the general 108 12 assembly on or before December 15, 2004. 108 13 20. Of the amount appropriated in this section, $100,000 108 14 shall be transferred to the Iowa department of public health 108 15 to be used for the child protection center grant program in 108 16 accordance with section 135.118. 108 17 21. Of the amount appropriated in this section, $148,000 108 18 shall be used for funding of one or more child welfare 108 19 diversion and mediation pilot projects as provided in House 108 20 File 2462. 108 21 22. The sum of $15,000,000 is transferred from moneys 108 22 declared by the Iowa finance authority under section 16.10 to 108 23 be surplus moneys to the department of human services for the 108 24 fiscal year beginning July 1, 2004, and ending June 30, 2005, 108 25 to be used as additional funding for the appropriation made in 108 26 this section. 108 27 Sec. 109. JUVENILE DETENTION HOME FUND. Moneys deposited 108 28 in the juvenile detention home fund created in section 232.142 108 29 during the fiscal year beginning July 1, 2004, and ending June 108 30 30, 2005, are appropriated to the department of human services 108 31 for the fiscal year beginning July 1, 2004, and ending June 108 32 30, 2005, for distribution as follows: 108 33 1. An amount equal to ten percent of the costs of the 108 34 establishment, improvement, operation, and maintenance of 108 35 county or multicounty juvenile detention homes in the fiscal 109 1 year beginning July 1, 2003. Moneys appropriated for 109 2 distribution in accordance with this subsection shall be 109 3 allocated among eligible detention homes, prorated on the 109 4 basis of an eligible detention home's proportion of the costs 109 5 of all eligible detention homes in the fiscal year beginning 109 6 July 1, 2003. Notwithstanding section 232.142, subsection 3, 109 7 the financial aid payable by the state under that provision 109 8 for the fiscal year beginning July 1, 2004, shall be limited 109 9 to the amount appropriated for the purposes of this 109 10 subsection. 109 11 2. For renewal of a grant to a county with a population 109 12 between 189,000 and 196,000 for implementation of the county's 109 13 runaway treatment plan under section 232.195: 109 14 .................................................. $ 80,000 109 15 3. For continuation and expansion of the community 109 16 partnership for child protection sites: 109 17 .................................................. $ 318,000 109 18 4. For grants to counties implementing a runaway treatment 109 19 plan under section 232.195. 109 20 5. The remainder for additional allocations to county or 109 21 multicounty juvenile detention homes, in accordance with the 109 22 distribution requirements of subsection 1. 109 23 Sec. 110. FAMILY SUPPORT SUBSIDY PROGRAM. There is 109 24 appropriated from the general fund of the state to the 109 25 department of human services for the fiscal year beginning 109 26 July 1, 2004, and ending June 30, 2005, the following amount, 109 27 or so much thereof as is necessary, to be used for the purpose 109 28 designated: 109 29 For the family support subsidy program: 109 30 .................................................. $ 1,936,434 109 31 1. The department may use up to $333,312 of the moneys 109 32 appropriated in this section to continue the children-at-home 109 33 program in current counties, of which not more than $20,000 109 34 shall be used for administrative costs. 109 35 2. Notwithstanding section 225C.38, subsection 1, the 110 1 monthly family support payment amount for the fiscal year 110 2 beginning July 1, 2004, shall remain the same as the payment 110 3 amount in effect on June 30, 2004. 110 4 Sec. 111. CONNER DECREE. There is appropriated from the 110 5 general fund of the state to the department of human services 110 6 for the fiscal year beginning July 1, 2004, and ending June 110 7 30, 2005, the following amount, or so much thereof as is 110 8 necessary, to be used for the purpose designated: 110 9 For building community capacity through the coordination 110 10 and provision of training opportunities in accordance with the 110 11 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 110 12 Iowa, July 14, 1994): 110 13 .................................................. $ 42,623 110 14 Sec. 112. MENTAL HEALTH INSTITUTES. There is appropriated 110 15 from the general fund of the state to the department of human 110 16 services for the fiscal year beginning July 1, 2004, and 110 17 ending June 30, 2005, the following amounts, or so much 110 18 thereof as is necessary, to be used for the purposes 110 19 designated: 110 20 1. For the state mental health institute at Cherokee for 110 21 salaries, support, maintenance, and miscellaneous purposes and 110 22 for not more than the following full-time equivalent 110 23 positions: 110 24 .................................................. $ 12,927,556 110 25 ............................................... FTEs 227.65 110 26 2. For the state mental health institute at Clarinda for 110 27 salaries, support, maintenance, and miscellaneous purposes and 110 28 for not more than the following full-time equivalent 110 29 positions: 110 30 .................................................. $ 7,410,346 110 31 ............................................... FTEs 113.15 110 32 3. For the state mental health institute at Independence 110 33 for salaries, support, maintenance, and miscellaneous purposes 110 34 and for not more than the following full-time equivalent 110 35 positions: 111 1 .................................................. $ 17,239,768 111 2 ............................................... FTEs 317.80 111 3 The state mental health institute at Independence shall 111 4 continue the 30 psychiatric medical institution for children 111 5 (PMIC) beds authorized in section 135H.6, in a manner which 111 6 results in no net state expenditure amount in excess of the 111 7 amount appropriated in this subsection. Counties are not 111 8 responsible for the costs of PMIC services described in this 111 9 subsection. Subject to the approval of the department, with 111 10 the exception of revenues required under section 249A.11 to be 111 11 credited to the appropriation in this division of this Act for 111 12 medical assistance, revenues attributable to the PMIC beds 111 13 described in this subsection for the fiscal year beginning 111 14 July 1, 2004, and ending June 30, 2005, shall be deposited in 111 15 the institute's account, including but not limited to any of 111 16 the following revenues: 111 17 a. The federal share of medical assistance revenue 111 18 received under chapter 249A. 111 19 b. Moneys received through client participation. 111 20 c. Any other revenues directly attributable to the PMIC 111 21 beds. 111 22 4. For the state mental health institute at Mount Pleasant 111 23 for salaries, support, maintenance, and miscellaneous purposes 111 24 and for not more than the following full-time equivalent 111 25 positions: 111 26 .................................................. $ 6,109,205 111 27 ............................................... FTEs 100.44 111 28 a. Funding is provided in this subsection for the state 111 29 mental health institute at Mount Pleasant to continue the dual 111 30 diagnosis mental health and substance abuse program on a net 111 31 budgeting basis in which 50 percent of the actual per diem and 111 32 ancillary services costs are chargeable to the patient's 111 33 county of legal settlement or as a state case, as appropriate. 111 34 Subject to the approval of the department, revenues 111 35 attributable to the dual diagnosis program for the fiscal year 112 1 beginning July 1, 2004, and ending June 30, 2005, shall be 112 2 deposited in the institute's account, including but not 112 3 limited to all of the following revenues: 112 4 (1) Moneys received by the state from billings to counties 112 5 under section 230.20. 112 6 (2) Moneys received from billings to the Medicare program. 112 7 (3) Moneys received from a managed care contractor 112 8 providing services under contract with the department or any 112 9 private third-party payor. 112 10 (4) Moneys received through client participation. 112 11 (5) Any other revenues directly attributable to the dual 112 12 diagnosis program. 112 13 b. The following additional provisions are applicable in 112 14 regard to the dual diagnosis program: 112 15 (1) A county may split the charges between the county's 112 16 mental health, mental retardation, and developmental 112 17 disabilities services fund and the county's budget for 112 18 substance abuse expenditures. 112 19 (2) If an individual is committed to the custody of the 112 20 department of corrections at the time the individual is 112 21 referred for dual diagnosis treatment, the department of 112 22 corrections shall be charged for the costs of treatment. 112 23 (3) Prior to an individual's admission for dual diagnosis 112 24 treatment, the individual shall have been screened through a 112 25 county's single entry point process to determine the 112 26 appropriateness of the treatment. 112 27 (4) A county shall not be chargeable for the costs of 112 28 treatment for an individual enrolled in and authorized by or 112 29 decertified by a managed behavioral care plan under the 112 30 medical assistance program. 112 31 (5) Notwithstanding section 8.33, state mental health 112 32 institute revenues related to the dual diagnosis program that 112 33 remain unencumbered or unobligated at the close of the fiscal 112 34 year shall not revert but shall remain available up to the 112 35 amount which would allow the state mental health institute to 113 1 meet credit obligations owed to counties as a result of year- 113 2 end per diem adjustments for the dual diagnosis program. 113 3 5. Within the funds appropriated in this section, the 113 4 department may transfer funds as necessary to best fulfill the 113 5 needs of the institutes provided for in the appropriation. 113 6 6. As part of the discharge planning process at the state 113 7 mental health institutes, the department shall provide 113 8 assistance in obtaining eligibility for federal supplemental 113 9 security income (SSI) to those individuals whose care at a 113 10 state mental health institute is the financial responsibility 113 11 of the state or a county. 113 12 Sec. 113. STATE RESOURCE CENTERS. There is appropriated 113 13 from the general fund of the state to the department of human 113 14 services for the fiscal year beginning July 1, 2004, and 113 15 ending June 30, 2005, the following amounts, or so much 113 16 thereof as is necessary, to be used for the purposes 113 17 designated: 113 18 1. For the state resource center at Glenwood for salaries, 113 19 support, maintenance, and miscellaneous purposes: 113 20 .................................................. $ 8,550,280 113 21 2. For the state resource center at Woodward for salaries, 113 22 support, maintenance, and miscellaneous purposes: 113 23 .................................................. $ 4,520,459 113 24 3. a. The department shall continue operating the state 113 25 resource centers at Glenwood and Woodward with a net general 113 26 fund appropriation. The amounts allocated in this section are 113 27 the net amounts of state moneys projected to be needed for the 113 28 state resource centers. The purposes of operating with a net 113 29 general fund appropriation are to encourage the state resource 113 30 centers to operate with increased self-sufficiency, to improve 113 31 quality and efficiency, and to support collaborative efforts 113 32 between the state resource centers and counties and other 113 33 funders of services available from the state resource centers. 113 34 The state resource centers shall not be operated under the net 113 35 appropriation in a manner which results in a cost increase to 114 1 the state or cost shifting between the state, the medical 114 2 assistance program, counties, or other sources of funding for 114 3 the state resource centers. Moneys appropriated in this 114 4 section may be used throughout the fiscal year in the manner 114 5 necessary for purposes of cash flow management, and for 114 6 purposes of cash flow management the state resource centers 114 7 may temporarily draw more than the amounts appropriated, 114 8 provided the amounts appropriated are not exceeded at the 114 9 close of the fiscal year. 114 10 b. Subject to the approval of the department, except for 114 11 revenues under section 249A.11, revenues attributable to the 114 12 state resource centers for the fiscal year beginning July 1, 114 13 2004, shall be deposited into each state resource center's 114 14 account, including but not limited to all of the following: 114 15 (1) Moneys received by the state from billings to counties 114 16 under section 222.73. 114 17 (2) The federal share of medical assistance revenue 114 18 received under chapter 249A. 114 19 (3) Federal Medicare program payments. 114 20 (4) Moneys received from client financial participation. 114 21 (5) Other revenues generated from current, new, or 114 22 expanded services which the state resource center is 114 23 authorized to provide. 114 24 c. For the purposes of allocating the salary adjustment 114 25 fund moneys appropriated in another division of this Act or 114 26 another Act, the state resource centers shall be considered to 114 27 be funded entirely with state moneys. 114 28 d. Notwithstanding section 8.33, up to $500,000 of a state 114 29 resource center's revenues that remain unencumbered or 114 30 unobligated at the close of the fiscal year shall not revert 114 31 but shall remain available to be used in the succeeding fiscal 114 32 year. 114 33 4. Within the funds appropriated in this section, the 114 34 department may transfer funds as necessary to best fulfill the 114 35 needs of the institutions provided for in the appropriation. 115 1 5. The department may continue to bill for state resource 115 2 center services utilizing a scope of services approach used 115 3 for private providers of ICFMR services, in a manner which 115 4 does not shift costs between the medical assistance program, 115 5 counties, or other sources of funding for the state resource 115 6 centers. 115 7 6. The state resource centers may expand the time limited 115 8 assessment and respite services during the fiscal year. 115 9 7. If the department's administration and the department 115 10 of management concur with a finding by a state resource 115 11 center's superintendent that projected revenues can reasonably 115 12 be expected to pay the salary and support costs for a new 115 13 employee position, or that such costs for adding a particular 115 14 number of new positions for the fiscal year would be less than 115 15 the overtime costs if new positions would not be added, the 115 16 superintendent may add the new position or positions. If the 115 17 vacant positions available to a resource center do not include 115 18 the position classification desired to be filled, the state 115 19 resource center's superintendent may reclassify any vacant 115 20 position as necessary to fill the desired position. The 115 21 superintendents of the state resource centers may, by mutual 115 22 agreement, pool vacant positions and position classifications 115 23 during the course of the fiscal year in order to assist one 115 24 another in filling necessary positions. 115 25 8. If existing capacity limitations are reached in 115 26 operating units, a waiting list is in effect for a service or 115 27 a special need for which a payment source or other funding is 115 28 available for the service or to address the special need, and 115 29 facilities for the service or to address the special need can 115 30 be provided within the available payment source or other 115 31 funding, the superintendent of a state resource center may 115 32 authorize opening not more than two units or other facilities 115 33 and to begin implementing the service or addressing the 115 34 special need during fiscal year 2004-2005. 115 35 Sec. 114. MI/MR/DD STATE CASES. There is appropriated 116 1 from the general fund of the state to the department of human 116 2 services for the fiscal year beginning July 1, 2004, and 116 3 ending June 30, 2005, the following amount, or so much thereof 116 4 as is necessary, to be used for the purpose designated: 116 5 For purchase of local services for persons with mental 116 6 illness, mental retardation, and developmental disabilities 116 7 where the client has no established county of legal 116 8 settlement: 116 9 .................................................. $ 11,014,619 116 10 The general assembly encourages the department to continue 116 11 discussions with the Iowa state association of counties and 116 12 administrators of county central point of coordination offices 116 13 regarding proposals for moving state cases to county budgets. 116 14 Sec. 115. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 116 15 COMMUNITY SERVICES FUND. There is appropriated from the 116 16 general fund of the state to the mental health and 116 17 developmental disabilities community services fund created in 116 18 section 225C.7 for the fiscal year beginning July 1, 2004, and 116 19 ending June 30, 2005, the following amount, or so much thereof 116 20 as is necessary, to be used for the purpose designated: 116 21 For mental health and developmental disabilities community 116 22 services in accordance with this division of this Act: 116 23 ................................................. $ 17,757,890 116 24 1. Of the funds appropriated in this section, $17,727,890 116 25 shall be allocated to counties for funding of community-based 116 26 mental health and developmental disabilities services. The 116 27 moneys shall be allocated to a county as follows: 116 28 a. Fifty percent based upon the county's proportion of the 116 29 state's population of persons with an annual income which is 116 30 equal to or less than the poverty guideline established by the 116 31 federal office of management and budget. 116 32 b. Fifty percent based upon the county's proportion of the 116 33 state's general population. 116 34 2. a. A county shall utilize the funding the county 116 35 receives pursuant to subsection 1 for services provided to 117 1 persons with a disability, as defined in section 225C.2. 117 2 However, no more than 50 percent of the funding shall be used 117 3 for services provided to any one of the service populations. 117 4 b. A county shall use at least 50 percent of the funding 117 5 the county receives under subsection 1 for contemporary 117 6 services provided to persons with a disability, as described 117 7 in rules adopted by the department. 117 8 3. Of the funds appropriated in this section, $30,000 117 9 shall be used to support the Iowa compass program providing 117 10 computerized information and referral services for Iowans with 117 11 disabilities and their families. 117 12 4. a. Funding appropriated for purposes of the federal 117 13 social services block grant is allocated for distribution to 117 14 counties for local purchase of services for persons with 117 15 mental illness or mental retardation or other developmental 117 16 disability. 117 17 b. The funds allocated in this subsection shall be 117 18 expended by counties in accordance with the county's approved 117 19 county management plan. A county without an approved county 117 20 management plan shall not receive allocated funds until the 117 21 county's management plan is approved. 117 22 c. The funds provided by this subsection shall be 117 23 allocated to each county as follows: 117 24 (1) Fifty percent based upon the county's proportion of 117 25 the state's population of persons with an annual income which 117 26 is equal to or less than the poverty guideline established by 117 27 the federal office of management and budget. 117 28 (2) Fifty percent based upon the amount provided to the 117 29 county for local purchase of services in the preceding fiscal 117 30 year. 117 31 5. A county is eligible for funds under this section if 117 32 the county qualifies for a state payment as described in 117 33 section 331.439. 117 34 Sec. 116. PERSONAL ASSISTANCE. There is appropriated from 117 35 the general fund of the state to the department of human 118 1 services for the fiscal year beginning July 1, 2004, and 118 2 ending June 30, 2005, the following amount, or so much thereof 118 3 as is necessary, to be used for the purpose designated: 118 4 For continuation of a pilot project for the personal 118 5 assistance services program in accordance with this section: 118 6 .................................................. $ 205,748 118 7 1. The funds appropriated in this section shall be used to 118 8 continue the pilot project for the personal assistance 118 9 services program under section 225C.46 in an urban and a rural 118 10 area. Not more than 10 percent of the amount appropriated 118 11 shall be used for administrative costs. The pilot project 118 12 shall not be implemented in a manner which would require 118 13 additional county or state costs for assistance provided to an 118 14 individual served under the pilot project. 118 15 2. In accordance with 2001 Iowa Acts, chapter 191, section 118 16 25, subsection 2, new applicants shall not be accepted into 118 17 the pilot project. An individual receiving services under the 118 18 pilot project as of June 30, 2004, shall continue receiving 118 19 services until the individual voluntarily leaves the project 118 20 or until another program with similar services exists. 118 21 Sec. 117. SEXUALLY VIOLENT PREDATORS. 118 22 1. There is appropriated from the general fund of the 118 23 state to the department of human services for the fiscal year 118 24 beginning July 1, 2004, and ending June 30, 2005, the 118 25 following amount, or so much thereof as is necessary, to be 118 26 used for the purpose designated: 118 27 For costs associated with the commitment and treatment of 118 28 sexually violent predators in the unit located at the state 118 29 mental health institute at Cherokee, including costs of legal 118 30 services and other associated costs, including salaries, 118 31 support, maintenance, and miscellaneous purposes and for not 118 32 more than the following full-time equivalent positions: 118 33 .................................................. $ 2,833,646 118 34 ............................................... FTEs 57.00 118 35 2. Unless specifically prohibited by law, if the amount 119 1 charged provides for recoupment of at least the entire amount 119 2 of direct and indirect costs, the department of human services 119 3 may contract with other states to provide care and treatment 119 4 of persons placed by the other states at the unit for sexually 119 5 violent predators at Cherokee. The moneys received under such 119 6 a contract shall be considered to be repayment receipts and 119 7 used for the purposes of the appropriation made in this 119 8 section. 119 9 Sec. 118. FIELD OPERATIONS. There is appropriated from 119 10 the general fund of the state to the department of human 119 11 services for the fiscal year beginning July 1, 2004, and 119 12 ending June 30, 2005, the following amount, or so much thereof 119 13 as is necessary, to be used for the purposes designated: 119 14 1. For field operations, including salaries, support, 119 15 maintenance, and miscellaneous purposes and for not more than 119 16 the following full-time equivalent positions: 119 17 .................................................. $ 49,897,364 119 18 ............................................... FTEs 1,844.49 119 19 Priority in filling full-time equivalent positions shall be 119 20 given to those positions related to child protection services. 119 21 2. In operating the service area system established 119 22 pursuant to 2001 Iowa Acts, Second Extraordinary Session, 119 23 chapter 4, for the fiscal year beginning July 1, 2004, and 119 24 ending June 30, 2005, the department shall utilize the service 119 25 areas and service area administrators in lieu of regions and 119 26 regional administrators, notwithstanding the references to 119 27 department regions or regional administrators in sections 119 28 232.2, 232.52, 232.68, 232.72, 232.102, 232.117, 232.127, 119 29 232.143, 232.188, and 234.35, or other provision in law. The 119 30 department shall submit proposed legislation under section 119 31 2.16 for consideration by the Eighty-first General Assembly, 119 32 2005 Session, to correct the references in the necessary Code 119 33 sections. 119 34 Sec. 119. GENERAL ADMINISTRATION. There is appropriated 119 35 from the general fund of the state to the department of human 120 1 services for the fiscal year beginning July 1, 2004, and 120 2 ending June 30, 2005, the following amount, or so much thereof 120 3 as is necessary, to be used for the purpose designated: 120 4 For general administration, including salaries, support, 120 5 maintenance, and miscellaneous purposes and for not more than 120 6 the following full-time equivalent positions: 120 7 .................................................. $ 10,863,434 120 8 ............................................... FTEs 292.00 120 9 Of the funds appropriated in this section, $57,000 is 120 10 allocated for the prevention of disabilities policy council 120 11 established in section 225B.3. 120 12 Sec. 120. VOLUNTEERS. There is appropriated from the 120 13 general fund of the state to the department of human services 120 14 for the fiscal year beginning July 1, 2004, and ending June 120 15 30, 2005, the following amount, or so much thereof as is 120 16 necessary, to be used for the purpose designated: 120 17 For development and coordination of volunteer services: 120 18 .................................................. $ 109,568 120 19 Sec. 121. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 120 20 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 120 21 DEPARTMENT OF HUMAN SERVICES. 120 22 1. a. (1) For the fiscal year beginning July 1, 2004, 120 23 nursing facilities shall be reimbursed at 100 percent of the 120 24 modified price-based case-mix reimbursement rate. Nursing 120 25 facilities reimbursed under the medical assistance program 120 26 shall submit annual cost reports and additional documentation 120 27 as required by rules adopted by the department. 120 28 (2) For the fiscal year beginning July 1, 2004, the total 120 29 state funding amount for all nursing facility reimbursements 120 30 shall not exceed $154,013,248. The department, in cooperation 120 31 with nursing facility representatives, shall review 120 32 projections for state funding expenditures for reimbursement 120 33 of nursing facilities on a quarterly basis and the department 120 34 shall determine if an adjustment to the medical assistance 120 35 reimbursement rate is necessary in order to provide 121 1 reimbursement within the state funding amount. Any temporary 121 2 enhanced federal financial participation that may become 121 3 available to the Iowa medical assistance program during the 121 4 fiscal year shall not be used in projecting the nursing 121 5 facility budget. Notwithstanding 2001 Iowa Acts, chapter 192, 121 6 section 4, subsection 2, paragraph "c", and subsection 3, 121 7 paragraph "a", subparagraph (2), if the total state funding 121 8 amount for reimbursement of all nursing facilities for the 121 9 fiscal year beginning July 1, 2004, is projected to exceed the 121 10 amount specified in this subparagraph, the department shall 121 11 adjust the inflation factor of the reimbursement rate 121 12 calculation for only the nursing facilities reimbursed under 121 13 the case-mix reimbursement rate to maintain expenditures of 121 14 the nursing facility budget within the specified amount. 121 15 b. For the fiscal year beginning July 1, 2004, the 121 16 department shall reimburse pharmacy dispensing fees using a 121 17 single rate of $4.26 per prescription, or the pharmacy's usual 121 18 and customary fee, whichever is lower. 121 19 c. For the fiscal year beginning July 1, 2004, 121 20 reimbursement rates for inpatient and outpatient hospital 121 21 services shall remain at the rates in effect on June 30, 2004. 121 22 The department shall continue the outpatient hospital 121 23 reimbursement system based upon ambulatory patient groups 121 24 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 121 25 25, subsection 1, paragraph "f". In addition, the department 121 26 shall continue the revised medical assistance payment policy 121 27 implemented pursuant to that paragraph to provide 121 28 reimbursement for costs of screening and treatment provided in 121 29 the hospital emergency room if made pursuant to the 121 30 prospective payment methodology developed by the department 121 31 for the payment of outpatient services provided under the 121 32 medical assistance program. Any rebasing of hospital 121 33 inpatient or outpatient rates shall not increase total 121 34 payments for inpatient and outpatient services. 121 35 d. For the fiscal year beginning July 1, 2004, 122 1 reimbursement rates for rural health clinics, hospices, 122 2 independent laboratories, and acute mental hospitals shall be 122 3 increased in accordance with increases under the federal 122 4 Medicare program or as supported by their Medicare audited 122 5 costs. 122 6 e. (1) For the fiscal year beginning July 1, 2004, 122 7 reimbursement rates for home health agencies shall remain at 122 8 the rates in effect on June 30, 2004. 122 9 (2) Notwithstanding 2003 Iowa Acts, chapter 112, section 122 10 7, subsection 7, the department shall establish a fixed-fee 122 11 reimbursement schedule for home health agencies under the 122 12 medical assistance program beginning July 1, 2005. The 122 13 department shall submit a status report regarding the 122 14 development of the fixed-fee schedule to the fiscal committee 122 15 of the legislative council no later than September 1, 2004. 122 16 f. For the fiscal year beginning July 1, 2004, federally 122 17 qualified health centers shall receive cost-based 122 18 reimbursement for 100 percent of the reasonable costs for the 122 19 provision of services to recipients of medical assistance. 122 20 g. Beginning July 1, 2004, the reimbursement rates for 122 21 dental services shall remain at the rates in effect on June 122 22 30, 2004. 122 23 h. Beginning July 1, 2004, the reimbursement rates for 122 24 community mental health centers shall remain at the rates in 122 25 effect on June 30, 2004. 122 26 i. For the fiscal year beginning July 1, 2004, the maximum 122 27 reimbursement rate for psychiatric medical institutions for 122 28 children shall remain at the rate in effect on June 30, 2004, 122 29 based on per day rates for actual costs. 122 30 j. For the fiscal year beginning July 1, 2004, unless 122 31 otherwise specified in this Act, all noninstitutional medical 122 32 assistance provider reimbursement rates shall remain at the 122 33 rates in effect on June 30, 2004, except for area education 122 34 agencies, local education agencies, infant and toddler 122 35 services providers, and those providers whose rates are 123 1 required to be determined pursuant to section 249A.20. 123 2 k. Notwithstanding section 249A.20, the average 123 3 reimbursement rates for health care providers eligible for use 123 4 of the reimbursement methodology under that section shall 123 5 remain at the rate in effect on June 30, 2004; however, this 123 6 rate shall not exceed the maximum level authorized by the 123 7 federal government. 123 8 2. For the fiscal year beginning July 1, 2004, the 123 9 reimbursement rate for residential care facilities shall not 123 10 be less than the minimum payment level as established by the 123 11 federal government to meet the federally mandated maintenance 123 12 of effort requirement. The flat reimbursement rate for 123 13 facilities electing not to file semiannual cost reports shall 123 14 not be less than the minimum payment level as established by 123 15 the federal government to meet the federally mandated 123 16 maintenance of effort requirement. 123 17 3. For the fiscal year beginning July 1, 2004, the 123 18 reimbursement rate for providers reimbursed under the in-home- 123 19 related care program shall not be less than the minimum 123 20 payment level as established by the federal government to meet 123 21 the federally mandated maintenance of effort requirement. 123 22 4. Unless otherwise directed in this section, when the 123 23 department's reimbursement methodology for any provider 123 24 reimbursed in accordance with this section includes an 123 25 inflation factor, this factor shall not exceed the amount by 123 26 which the consumer price index for all urban consumers 123 27 increased during the calendar year ending December 31, 2002. 123 28 5. Notwithstanding section 234.38, in the fiscal year 123 29 beginning July 1, 2004, the foster family basic daily 123 30 maintenance rate and the maximum adoption subsidy rate for 123 31 children ages 0 through 5 years shall be $14.28, the rate for 123 32 children ages 6 through 11 years shall be $15.07, the rate for 123 33 children ages 12 through 15 years shall be $16.83, and the 123 34 rate for children ages 16 and older shall be $16.83. 123 35 6. For the fiscal year beginning July 1, 2004, the maximum 124 1 reimbursement rates for social service providers shall remain 124 2 at the rates in effect on June 30, 2004. However, the rates 124 3 may be adjusted under any of the following circumstances: 124 4 a. If a new service was added after June 30, 2004, the 124 5 initial reimbursement rate for the service shall be based upon 124 6 actual and allowable costs. 124 7 b. If a social service provider loses a source of income 124 8 used to determine the reimbursement rate for the provider, the 124 9 provider's reimbursement rate may be adjusted to reflect the 124 10 loss of income, provided that the lost income was used to 124 11 support actual and allowable costs of a service purchased 124 12 under a purchase of service contract. 124 13 7. The group foster care reimbursement rates paid for 124 14 placement of children out of state shall be calculated 124 15 according to the same rate-setting principles as those used 124 16 for in-state providers unless the director of human services 124 17 or the director's designee determines that appropriate care 124 18 cannot be provided within the state. The payment of the daily 124 19 rate shall be based on the number of days in the calendar 124 20 month in which service is provided. 124 21 8. For the fiscal year beginning July 1, 2004, the 124 22 reimbursement rates for rehabilitative treatment and support 124 23 services providers shall remain at the rates in effect on June 124 24 30, 2004. 124 25 9. For the fiscal year beginning July 1, 2004, and until 124 26 such time as proposals for provision of shelter care services 124 27 are selected and contracts for shelter care services are 124 28 entered into pursuant to this division of this Act, the 124 29 combined service and maintenance components of the 124 30 reimbursement rate paid for shelter care services purchased 124 31 under a contract shall be based on the financial and 124 32 statistical report submitted to the department. The maximum 124 33 reimbursement rate shall be $83.69 per day. The department 124 34 shall reimburse a shelter care provider at the provider's 124 35 actual and allowable unit cost, plus inflation, not to exceed 125 1 the maximum reimbursement rate. 125 2 10. For the fiscal year beginning July 1, 2004, the 125 3 department shall calculate reimbursement rates for 125 4 intermediate care facilities for persons with mental 125 5 retardation at the 80th percentile. 125 6 11. For the fiscal year beginning July 1, 2004, for child 125 7 care providers, the department shall set provider 125 8 reimbursement rates based on the rate reimbursement survey 125 9 completed in December 1998. The department shall set rates in 125 10 a manner so as to provide incentives for a nonregistered 125 11 provider to become registered. 125 12 12. For the fiscal year beginning July 1, 2004, 125 13 reimbursements for providers reimbursed by the department of 125 14 human services may be modified if appropriated funding is 125 15 allocated for that purpose from the senior living trust fund 125 16 created in section 249H.4, or as specified in appropriations 125 17 from the healthy Iowans tobacco trust created in section 125 18 12.65. 125 19 13. The department may adopt emergency rules to implement 125 20 this section. 125 21 Sec. 122. TRANSFER AUTHORITY. Subject to the provisions 125 22 of section 8.39, for the fiscal year beginning July 1, 2004, 125 23 if necessary to meet federal maintenance of effort 125 24 requirements or to transfer federal temporary assistance for 125 25 needy families block grant funding to be used for purposes of 125 26 the federal social services block grant or to meet cash flow 125 27 needs resulting from delays in receiving federal funding or to 125 28 implement, in accordance with this division of this Act, 125 29 targeted case management for child protection and for 125 30 activities currently funded with juvenile court services, 125 31 county, or community moneys and state moneys used in 125 32 combination with such moneys, the department of human services 125 33 may transfer within or between any of the appropriations made 125 34 in this division of this Act and appropriations in law for the 125 35 federal social services block grant to the department for the 126 1 following purposes, provided that the combined amount of state 126 2 and federal temporary assistance for needy families block 126 3 grant funding for each appropriation remains the same before 126 4 and after the transfer: 126 5 1. For the family investment program. 126 6 2. For child care assistance. 126 7 3. For child and family services. 126 8 4. For field operations. 126 9 5. For general administration. 126 10 6. MH/MR/DD/BI community services (local purchase). 126 11 This section shall not be construed to prohibit existing 126 12 state transfer authority for other purposes. 126 13 Sec. 123. FRAUD AND RECOUPMENT ACTIVITIES. During the 126 14 fiscal year beginning July 1, 2004, notwithstanding the 126 15 restrictions in section 239B.14, recovered moneys generated 126 16 through fraud and recoupment activities are appropriated to 126 17 the department of human services to be used for additional 126 18 fraud and recoupment activities performed by the department of 126 19 human services or the department of inspections and appeals, 126 20 and the department of human services may add not more than 126 21 five full-time equivalent positions, in addition to those 126 22 funded in this division of this Act, subject to both of the 126 23 following conditions: 126 24 1. The director of human services determines that the 126 25 investment can reasonably be expected to increase recovery of 126 26 assistance paid in error, due to fraudulent or nonfraudulent 126 27 actions, in excess of the amount recovered in the fiscal year 126 28 beginning July 1, 1997. 126 29 2. The amount expended for the additional fraud and 126 30 recoupment activities shall not exceed the amount of the 126 31 projected increase in assistance recovered. 126 32 Sec. 124. MEDICAL ASSISTANCE PROGRAM – NONREVERSION FOR 126 33 FY 2003-2004. Notwithstanding section 8.33, if moneys 126 34 appropriated in 2003 Iowa Acts, chapter 175, for the medical 126 35 assistance program from the general fund of the state, the 127 1 senior living trust fund, or the hospital trust fund, or in 127 2 2003 Iowa Acts, chapter 183, from the healthy Iowans tobacco 127 3 trust are in excess of actual expenditures for the medical 127 4 assistance program and remain unencumbered or unobligated at 127 5 the close of the fiscal year, the excess moneys shall not 127 6 revert, and notwithstanding any provision of law to the 127 7 contrary, shall not be transferred to any other appropriation 127 8 but shall remain available for expenditure for the purpose 127 9 designated until the close of the succeeding fiscal year. 127 10 Sec. 125. EMERGENCY RULES. If specifically authorized by 127 11 a provision of this division of this Act, the department of 127 12 human services or the mental health and developmental 127 13 disabilities commission may adopt administrative rules under 127 14 section 17A.4, subsection 2, and section 17A.5, subsection 2, 127 15 paragraph "b", to implement the provisions and the rules shall 127 16 become effective immediately upon filing or on a later 127 17 effective date specified in the rules, unless the effective 127 18 date is delayed by the administrative rules review committee. 127 19 Any rules adopted in accordance with this section shall not 127 20 take effect before the rules are reviewed by the 127 21 administrative rules review committee. The delay authority 127 22 provided to the administrative rules review committee under 127 23 section 17A.4, subsection 5, and section 17A.8, subsection 9, 127 24 shall be applicable to a delay imposed under this section, 127 25 notwithstanding a provision in those sections making them 127 26 inapplicable to section 17A.5, subsection 2, paragraph "b". 127 27 Any rules adopted in accordance with the provisions of this 127 28 section shall also be published as notice of intended action 127 29 as provided in section 17A.4. 127 30 Sec. 126. REPORTS. 127 31 1. Any reports or information required to be compiled and 127 32 submitted under this division of this Act shall be submitted 127 33 to the chairpersons and ranking members of the joint 127 34 appropriations subcommittee on health and human services, the 127 35 legislative services agency, and the legislative caucus staffs 128 1 on or before the dates specified for submission of the reports 128 2 or information. 128 3 2. In order to reduce mailing and paper processing costs, 128 4 the department shall provide, to the extent feasible, reports, 128 5 notices, minutes, and other documents by electronic means to 128 6 those persons who have the capacity to access the documents in 128 7 that manner. 128 8 Sec. 127. LAW INAPPLICABLE FOR FISCAL YEAR 2004-2005. 128 9 1. The following provisions in Code or rule shall be 128 10 suspended for the period beginning July 1, 2004, and ending 128 11 June 30, 2005: 128 12 a. The requirements of section 239B.2A, relating to school 128 13 attendance by children participating in the family investment 128 14 program. 128 15 b. For a case permanency plan, as defined in section 128 16 232.2, the requirement for a six-month case permanency plan 128 17 review for an intact family. 128 18 2. The department may adopt emergency rules to implement 128 19 the provisions of this section. 128 20 Sec. 128. NEW SECTION. 217.14 REFUGEE SERVICES 128 21 FOUNDATION. 128 22 1. The department of human services shall cause a refugee 128 23 services foundation to be created for the sole purpose of 128 24 engaging in refugee resettlement activities to promote the 128 25 welfare and self-sufficiency of refugees who live in Iowa and 128 26 who are not citizens of the United States. The foundation may 128 27 establish an endowment fund to assist in the financing of its 128 28 activities. The foundation shall be incorporated under 128 29 chapter 504A. 128 30 2. The foundation shall be created in a manner so that 128 31 donations and bequests to the foundation qualify as tax 128 32 deductible under federal and state income tax laws. The 128 33 foundation is not a state agency and shall not exercise 128 34 sovereign power of the state. The state is not liable for any 128 35 debts of the foundation. 129 1 3. The refugee services foundation shall have a board of 129 2 directors of five members. One member shall be appointed by 129 3 the governor and four members shall be appointed by the 129 4 director of human services. Members of the board shall serve 129 5 three-year terms beginning on July 1, and ending on June 30. 129 6 A vacancy on the board shall be filled in the same manner as 129 7 the original appointment for the remainder of the term. Not 129 8 more than two members appointed by the director of human 129 9 services shall be of the same gender or of the same political 129 10 party. 129 11 4. The refugee services foundation may accept and 129 12 administer trusts deemed by the board to be beneficial. 129 13 Notwithstanding section 633.63, the foundation may act as 129 14 trustee of such a trust. 129 15 Sec. 129. Section 234.12A, subsection 1, paragraphs b and 129 16 c, Code Supplement 2003, are amended to read as follows: 129 17 b. A retailer providing electronic funds transfer system 129 18 equipment for transactions pursuant to the program shall be 129 19 reimbursedseven cents for each approved transactionpursuant 129 20 to the program utilizing the retailer's equipment as follows: 129 21 (1) For the fiscal year beginning July 1, 2004, seven 129 22 cents for each approved transaction. 129 23 (2) For the fiscal year beginning July 1, 2005, four cents 129 24 for each approved transaction. 129 25 (3) For the fiscal year beginning July 1, 2006, and 129 26 succeeding fiscal years, reimbursement shall not be provided 129 27 under this paragraph. 129 28 c. A retailer that provides electronic funds transfer 129 29 system equipment for transactions pursuant to the program and 129 30 who makes cash disbursements pursuant to the program utilizing 129 31 the retailer's equipment shall be paid a feeof seven centsby 129 32 the departmentfor each cash disbursement transaction by the129 33retaileras follows: 129 34 (1) For the fiscal year beginning July 1, 2004, seven 129 35 cents for each cash disbursement transaction. 130 1 (2) For the fiscal year beginning July 1, 2005, four cents 130 2 for each cash disbursement transaction. 130 3 (3) For the fiscal year beginning July 1, 2006, and 130 4 succeeding fiscal years, reimbursement shall not be provided 130 5 under this paragraph. 130 6 Sec. 130. Section 249A.20, unnumbered paragraph 1, Code 130 7 2003, is amended to read as follows: 130 8 Beginning November 1, 2000, the department shall use the 130 9 federal Medicare resource-based relative value scale 130 10 methodology to reimburse all applicable noninstitutional 130 11 health providers, excluding anesthesia and dental services, 130 12 that on June 30, 2000, are reimbursed on a fee-for-service 130 13 basis for provision of services under the medical assistance 130 14 program. Additionally, beginning July 1, 2004, the department 130 15 shall use the federal Medicare resource-based relative value 130 16 scale methodology to reimburse noninstitutional health 130 17 providers of anesthesia services that on June 30, 2004, are 130 18 reimbursed on a fee-for-service basis for provision of 130 19 services under the medical assistance program. The department 130 20 shall apply the federal Medicare resource-based relative value 130 21 scale methodology to such health providers in the same manner 130 22 as the methodology is applied under the federal Medicare 130 23 program and shall not utilize the resource-based relative 130 24 value scale methodology in a manner that discriminates between 130 25 such health providers. The reimbursement schedule shall be 130 26 adjusted annually on July 1, and shall provide for 130 27 reimbursement that is not less than the reimbursement provided 130 28 under the fee schedule established for Iowa under the federal 130 29 Medicare program in effect on January 1 of that calendar year. 130 30 Sec. 131. Section 249A.20A, subsection 4, Code Supplement 130 31 2003, is amended to read as follows: 130 32 4. With the exception of drugs prescribed for the 130 33 treatment of human immunodeficiency virus or acquired immune 130 34 deficiency syndrome, transplantation, or cancerand drugs130 35prescribed for mental illness with the exception of drugs and131 1drug compounds that do not have a significant variation in a131 2therapeutic profile or side effect profile within a131 3therapeutic class, prescribing and dispensing of prescription 131 4 drugs not included on the preferred drug list shall be subject 131 5 to prior authorization. 131 6 Sec. 132. NEW SECTION. 249A.34 MEDICAL ASSISTANCE MENTAL 131 7 HEALTH QUALITY OF CARE IMPROVEMENT COMMITTEE. 131 8 1. The department shall establish a medical assistance 131 9 mental health quality of care improvement committee to improve 131 10 medical assistance patient access to appropriate mental health 131 11 care and to make recommendations for cost saving mechanisms 131 12 for the delivery of mental health services under the medical 131 13 assistance program. The committee membership shall include 131 14 members of the public representing mental health advocates, 131 15 mental health care consumers, and mental health care 131 16 providers, including providers in private psychiatric 131 17 practice, as well as geriatric psychiatry, institutional 131 18 psychiatry, and child psychiatry disciplines. The membership 131 19 shall also include a designee of each of the following: the 131 20 medical assistance pharmaceutical and therapeutics committee 131 21 created pursuant to section 249A.20A, the university of Iowa 131 22 hospitals and clinics department of psychiatry, the Iowa 131 23 medical assistance drug utilization review commission created 131 24 in section 249A.24, the director of public health, and the 131 25 director of human services. 131 26 2. The medical assistance mental health quality of care 131 27 improvement committee shall advise the department in the 131 28 implementation of all of the following: 131 29 a. Clinical treatment algorithms for schizophrenia, major 131 30 depressive disorder, and bipolar disorder. The algorithms 131 31 shall be utilized in lieu of policies restricting access to 131 32 care and medication and shall not be subject to prior 131 33 authorization requirements or medication preferences. 131 34 b. A mental health polypharmacy review process, including 131 35 but not limited to data collection and analysis and medical 132 1 service provider education. 132 2 3. The medical assistance mental health quality of care 132 3 improvement committee shall, on an ongoing basis, review and 132 4 recommend other mechanisms to promote medical assistance 132 5 patient access to improved quality of care and the use of 132 6 other cost saving mechanisms, including but not limited to 132 7 implementing disease management programs for mental health 132 8 disorders, expanding assertive community treatment programs, 132 9 improving methods for gathering and analyzing data regarding 132 10 the delivery of mental health care, and implementing other 132 11 effective treatment programs. 132 12 4. This section is repealed July 1, 2007. 132 13 Sec. 133. NEW SECTION. 505.25 INFORMATION PROVIDED TO 132 14 MEDICAL ASSISTANCE PROGRAM. 132 15 A carrier, as defined in section 514C.13, shall provide the 132 16 department of human services with the names of all of its 132 17 insureds, in a format required by the department of human 132 18 services, for the sole purpose of comparing the names of such 132 19 insureds with the names of recipients of the medical 132 20 assistance program. Insurers shall begin providing the 132 21 information to the department by July 1, 2004. 132 22 Sec. 134. 2001 Iowa Acts, chapter 192, section 4, 132 23 subsection 3, paragraphs e and f, are amended to read as 132 24 follows: 132 25 e. The department shall calculate the rate ceiling for the 132 26 direct-care cost component at 120 percent of the median of 132 27 case-mix adjusted costs. Nursing facilities with case-mix 132 28 adjusted costs at 95 percent of the median or greater, shall 132 29 receive an amount equal to their costs not to exceed 120 132 30 percent of the median. Nursing facilities with case-mix 132 31 adjusted costs below 95 percent of the median shall receive an 132 32 excess payment allowance by having their payment rate for the 132 33 direct-care cost component calculated as their case-mix 132 34 adjusted cost plus 100 percent of the difference between 95 132 35 percent of the median and their case-mix adjusted cost, not to 133 1 exceed 10 percent of the median of case-mix adjusted costs. 133 2 Beginning July 1, 2004, nursing facilities with case-mix 133 3 adjusted costs below 95 percent of the median shall receive an 133 4 excess payment allowance by having their payment rate for the 133 5 direct-care cost component calculated as their case-mix 133 6 adjusted cost plus 50 percent of the difference between 95 133 7 percent of the median and their case-mix adjusted cost, not to 133 8 exceed 10 percent of the median of case-mix adjusted costs. 133 9 Any excess payment allowance realized from the direct care 133 10 cost component of the modified price-based case-mix 133 11 reimbursement shall be expended to increase the compensation 133 12 of direct care workers or to increase the ratio of direct care 133 13 workers to residents. The department of human services shall 133 14 implement a new monitoring and reporting system to assess 133 15 compliance with the provisions of this paragraph. 133 16 f. The department shall calculate the rate ceiling for the 133 17 nondirect care cost component at 110 percent of the median of 133 18 non-case-mix adjusted costs. Nursing facilities with non- 133 19 case-mix adjusted costs at 96 percent of the median or greater 133 20 shall receive an amount equal to their costs not to exceed 110 133 21 percent of the median. Nursing facilities with non-case-mix 133 22 adjusted costs below 96 percent of the median shall receive an 133 23 excess payment allowance that is their costs plus 65 percent 133 24 of the difference between 96 percent of the median and their 133 25 non-case-mix adjusted costs, not to exceed 8 percent of the 133 26 median of non-case-mix adjusted costs. Beginning July 1, 133 27 2004, nursing facilities with non-case-mix adjusted costs 133 28 below 96 percent of the median shall receive an excess payment 133 29 allowance that is their costs plus 32.5 percent of the 133 30 difference between 96 percent of the median and their non- 133 31 case-mix adjusted costs, not to exceed 8 percent of the median 133 32 of non-case-mix adjusted costs. Any excess payment allowance 133 33 realized from the nondirect care cost component of the 133 34 modified price-based case-mix reimbursement shall be used to 133 35 fund quality of life improvements. The department of human 134 1 services shall implement a new monitoring and reporting system 134 2 to assess compliance with the provisions of this paragraph. 134 3 Sec. 135. 2003 Iowa Acts, chapter 175, section 13, 134 4 subsection 2, as amended by 2003 Iowa Acts, 1st Extraordinary 134 5 Session, chapter 2, section 6, is amended to read as follows: 134 6 2. The department may either continue or reprocure the 134 7 contract existing on June 30, 2003, with the department's 134 8 fiscal agent. If the department initiates reprocurement of 134 9 the contract, of the amount appropriated in this Act for the 134 10 medical assistance program, up to $500,000 may be used to 134 11 begin the implementation process. 134 12 Notwithstanding section 8.33, moneys appropriated in this 134 13 subsection that remain unencumbered or unobligated at the 134 14 close of the fiscal year shall not revert but shall remain 134 15 available for expenditure for the specific purposes designated 134 16 in this subsection until the close of the succeeding fiscal 134 17 year. 134 18 Sec. 136. 2003 Iowa Acts, chapter 175, section 18, 134 19 subsection 9, is amended to read as follows: 134 20 9. Notwithstanding section 234.35, subsection 1, for the 134 21 fiscal year beginning July 1, 2003, state funding for shelter 134 22 care paid pursuant to section 234.35, subsection 1, paragraph 134 23 "h", shall be limited to$6,922,509$10,122,509. 134 24 Sec. 137. 2003 Iowa Acts, chapter 175, section 56, 134 25 subsection 2, paragraph g, is amended to read as follows: 134 26 g. Notwithstanding section 8.33, up to$500,000$1,000,000 134 27 of the Iowa veterans home revenues that remain unencumbered or 134 28 unobligated at the close of the fiscal year shall not revert 134 29 but shall remain available to be used in the succeeding fiscal 134 30 year. 134 31 Sec. 138. 2003 Iowa Acts, chapter 178, section 45, is 134 32 amended by adding the following new unnumbered paragraph: 134 33 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 134 34 moneys appropriated in this section that remain unencumbered 134 35 or unobligated at the close of the fiscal year shall not 135 1 revert but shall remain available for expenditure for the 135 2 child and family services until the close of the succeeding 135 3 fiscal year. 135 4 Sec. 139. 2003 Iowa Acts, chapter 179, section 2, 135 5 subsection 2, paragraph b, is amended to read as follows: 135 6 b.For deposit in the risk pool created in the property135 7tax relief fund and for distribution in accordance with135 8section 426B.5, subsection 2For medical assistance 135 9 reimbursement, in addition to other appropriations made for 135 10 purposes of the medical assistance program for the fiscal year 135 11 beginning July 1, 2004, and ending June 30, 2005: 135 12 .................................................. $ 2,000,000 135 13 Sec. 140. EFFECTIVE DATES. The following provisions of 135 14 this division of this Act, being deemed of immediate 135 15 importance, take effect upon enactment: 135 16 1. The provision under the appropriation for child and 135 17 family services, relating to requirements of section 232.143 135 18 for representatives of the department of human services and 135 19 juvenile court services to establish a plan for continuing 135 20 group foster care expenditures for the 2004-2005 fiscal year. 135 21 2. The provision under the appropriation for child and 135 22 family services, relating to the state court administrator 135 23 determining allocation of court-ordered services funding by 135 24 June 15, 2004. 135 25 3. The provision relating to nonreversion and prohibited 135 26 transfer of the appropriations for the medical assistance 135 27 program for the fiscal year beginning July 1, 2003, and ending 135 28 June 30, 2004. 135 29 4. The provisions in this division of this Act relating to 135 30 insurance carriers providing listings of insureds to the 135 31 department of human services including the provision creating 135 32 section 505.25. 135 33 5. The provision amending 2003 Iowa Acts, chapter 175, 135 34 section 13, subsection 2, as amended by 2003 Iowa Acts, First 135 35 Extraordinary Session, chapter 2, section 6. 136 1 6. The provisions amending 2003 Iowa Acts, chapter 175, 136 2 section 18, subsection 9, and section 56. 136 3 7. The provision amending 2003 Iowa Acts, chapter 178, 136 4 section 45. 136 5 8. The provision amending 2003 Iowa Acts, chapter 179, 136 6 section 2, subsection 2, paragraph "b". 136 7 DIVISION VI 136 8 SENIOR LIVING AND HOSPITAL TRUST FUNDS 136 9 Sec. 141. DEPARTMENT OF ELDER AFFAIRS. There is 136 10 appropriated from the senior living trust fund created in 136 11 section 249H.4 to the department of elder affairs for the 136 12 fiscal year beginning July 1, 2004, and ending June 30, 2005, 136 13 the following amount, or so much thereof as is necessary, to 136 14 be used for the purpose designated: 136 15 For the development and implementation of a comprehensive 136 16 senior living program, including program administration and 136 17 costs associated with implementation, salaries, support, 136 18 maintenance, and miscellaneous purposes and for not more than 136 19 the following full-time equivalent positions: 136 20 .................................................. $ 8,222,118 136 21 ............................................... FTEs 2.00 136 22 1. It is the intent of the general assembly that the 136 23 department not transfer moneys appropriated to the department 136 24 for purposes of the assisted living program and adult day care 136 25 for the fiscal year beginning July 1, 2004. 136 26 2. Notwithstanding section 249H.7, the department of elder 136 27 affairs shall distribute up to $300,000 of the funds 136 28 appropriated in this section in a manner that will supplement 136 29 and maximize federal funds under the federal Older Americans 136 30 Act and shall not use the amount distributed for any 136 31 administrative purposes of either the department of elder 136 32 affairs or the area agencies on aging. 136 33 3. Of the moneys appropriated in this section, $60,000 136 34 shall be used for the provision of training to resident 136 35 advocate committees for elder group homes, as defined in 137 1 section 231B.1, and licensed health care facilities as defined 137 2 in section 135C.1. 137 3 4. Of the moneys appropriated in this section, $140,000 137 4 shall be used to provide two additional state long-term care 137 5 resident advocates. 137 6 5. Of the moneys appropriated in this section, $500,000 137 7 shall be used to provide case management services to elders 137 8 who are not eligible for the medical assistance program. 137 9 Sec. 142. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 137 10 appropriated from the senior living trust fund created in 137 11 section 249H.4 to the department of inspections and appeals 137 12 for the fiscal year beginning July 1, 2004, and ending June 137 13 30, 2005, the following amount, or so much thereof as is 137 14 necessary, to be used for the purpose designated: 137 15 For the inspection and certification of assisted living 137 16 facilities and adult day care services, including program 137 17 administration and costs associated with implementation, 137 18 salaries, support, maintenance, and miscellaneous purposes and 137 19 for not more than the following full-time equivalent 137 20 positions: 137 21 .................................................. $ 800,000 137 22 ............................................... FTEs 6.00 137 23 Sec. 143. DEPARTMENT OF HUMAN SERVICES. There is 137 24 appropriated from the senior living trust fund created in 137 25 section 249H.4 to the department of human services for the 137 26 fiscal year beginning July 1, 2004, and ending June 30, 2005, 137 27 the following amounts, or so much thereof as is necessary, to 137 28 be used for the purposes designated: 137 29 1. To provide grants to nursing facilities for conversion 137 30 to assisted living programs or to provide long-term care 137 31 alternatives, to provide grants to intermediate care 137 32 facilities for persons with mental retardation for conversion 137 33 to assisted living programs or home and community-based 137 34 services, to provide grants to long-term care providers for 137 35 development of long-term care alternatives, to develop less 138 1 restrictive community-based services for placement of persons 138 2 currently residing in state resource centers, and for other 138 3 purposes specified in this subsection: 138 4 .................................................. $ 20,000,000 138 5 a. Up to 25 percent of the amount appropriated in this 138 6 subsection may be used for development of less restrictive 138 7 community-based services, including community residential 138 8 living alternatives, with a significant focus on reducing the 138 9 numbers of persons served in state resource centers and other 138 10 intermediate care facilities for persons with mental 138 11 retardation as well as for activities designed to facilitate 138 12 the planning for or placement of such services and persons. 138 13 Services provided under this paragraph are not intended to 138 14 require the closure of nursing facilities. 138 15 b. Up to $2,000,000 of the moneys allocated in paragraph 138 16 "a" may, at the discretion of the director of human services, 138 17 be transferred to the Iowa finance authority for the purpose 138 18 of utilizing low-income housing tax credits for the 138 19 development of service-enriched housing for persons served in 138 20 the state resource centers and to assist in the development of 138 21 assisted living facilities that focus on addressing the needs 138 22 of persons with low income. 138 23 2. To supplement the medical assistance appropriation, 138 24 including program administration and costs associated with 138 25 implementation, salaries, support, maintenance, and 138 26 miscellaneous purposes, and for not more than the following 138 27 full-time equivalent positions: 138 28 .................................................. $ 91,600,000 138 29 ............................................... FTEs 5.00 138 30 3. To provide reimbursement for health care services and 138 31 rent expenses to eligible persons through the home and 138 32 community-based services waiver and the state supplementary 138 33 assistance program, including program administration and data 138 34 system costs associated with implementation, salaries, 138 35 support, maintenance, and miscellaneous purposes: 139 1 .................................................. $ 1,733,406 139 2 Participation in the rent subsidy program shall be limited 139 3 to only those persons who are at risk for nursing facility 139 4 care. 139 5 4. To implement nursing facility provider reimbursements 139 6 as provided in 2001 Iowa Acts, chapter 192, section 4, 139 7 subsection 2, paragraph "c": 139 8 .................................................. $ 29,950,000 139 9 In order to carry out the purposes of this section, the 139 10 department shall transfer funds appropriated in this section 139 11 to supplement other appropriations made to the department of 139 12 human services. 139 13 5. Notwithstanding sections 249H.4 and 249H.5, the 139 14 department of human services may use moneys from the senior 139 15 living trust fund for cash flow purposes to make payments 139 16 under the nursing facility or hospital upper payment limit 139 17 methodology. The amount of any moneys so used shall be 139 18 refunded to the senior living trust fund within the same 139 19 fiscal year and in a prompt manner. 139 20 6. Notwithstanding section 8.33, moneys committed to 139 21 grantees under contract to provide for conversion to assisted 139 22 living programs or for development of long-term care 139 23 alternatives that remain unexpended at the close of the fiscal 139 24 year shall not revert to any fund but shall remain available 139 25 for expenditure for purposes of the contract. 139 26 Sec. 144. INSURANCE DIVISION OF THE DEPARTMENT OF 139 27 COMMERCE. There is appropriated from the senior living trust 139 28 fund created in section 249H.4 to the insurance division of 139 29 the department of commerce for the fiscal year beginning July 139 30 1, 2004, and ending June 30, 2005, the following amount, or so 139 31 much thereof as is necessary, to be used for the purpose 139 32 designated: 139 33 For administration of the long-term care insurance 139 34 partnership program including program administration and costs 139 35 associated with implementation, salaries, support, 140 1 maintenance, and miscellaneous purposes, and for not more than 140 2 the following full-time equivalent positions: 140 3 .................................................. $ 265,000 140 4 ............................................... FTEs 4.00 140 5 Sec. 145. CONVERSION GRANT PROJECTS – RULES. 140 6 1. For the fiscal year beginning July 1, 2004, and ending 140 7 June 30, 2005, the department of human services shall continue 140 8 to give greater weight in the scoring methodology to nursing 140 9 facility conversion projects that are primarily for the 140 10 renovation and remodeling of the existing nursing facility 140 11 structure and give less weight to conversion projects that are 140 12 primarily for new construction. The department of human 140 13 services shall encourage cooperative efforts between the 140 14 department of inspections and appeals, the state fire marshal, 140 15 and the grant applicant to promote the acceptance of nursing 140 16 facility conversion projects that are primarily renovation and 140 17 remodeling of the existing nursing facility structure. 140 18 2. For the fiscal year beginning July 1, 2004, and ending 140 19 June 30, 2005, the department of inspections and appeals shall 140 20 certify all assisted living programs established through 140 21 nursing facility conversion grants. The department of 140 22 inspections and appeals shall consult with conversion grant 140 23 applicants and recipients to establish and monitor occupancy 140 24 agreements and assisted living program residents shall be 140 25 allowed access to third-party payors. 140 26 Sec. 146. HOSPITAL TRUST FUND. There is appropriated from 140 27 the hospital trust fund created in section 249I.4 to the 140 28 department of human services for the fiscal year beginning 140 29 July 1, 2004, and ending June 30, 2005, the following amount, 140 30 or so much thereof as is necessary, to be used for the purpose 140 31 designated: 140 32 To supplement the appropriations made for the medical 140 33 assistance program for that fiscal year: 140 34 .................................................. $ 37,500,000 140 35 Sec. 147. MEDICAL ASSISTANCE PROGRAM – REVERSION TO 141 1 SENIOR LIVING TRUST FUND FOR FY 2004-2005. Notwithstanding 141 2 section 8.33, if moneys appropriated in this Act for purposes 141 3 of the medical assistance program for the fiscal year 141 4 beginning July 1, 2004, and ending June 30, 2005, from the 141 5 general fund of the state, the senior living trust fund, the 141 6 hospital trust fund, or the healthy Iowans tobacco trust fund 141 7 are in excess of actual expenditures for the medical 141 8 assistance program and remain unencumbered or unobligated at 141 9 the close of the fiscal year, the excess moneys shall not 141 10 revert but shall be transferred to the senior living trust 141 11 fund created in section 249H.4. 141 12 DIVISION VII 141 13 MENTAL HEALTH, MENTAL RETARDATION, 141 14 DEVELOPMENTAL DISABILITIES, 141 15 AND BRAIN INJURY SERVICES 141 16 Sec. 148. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 141 17 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ALLOCATIONS 141 18 – FISCAL YEAR 2005-2006. 141 19 1. There is appropriated from the general fund of the 141 20 state to the department of human services for the fiscal year 141 21 beginning July 1, 2005, and ending June 30, 2006, the 141 22 following amount, or so much thereof as is necessary, to be 141 23 used for the purpose designated: 141 24 For distribution to counties of the county mental health, 141 25 mental retardation, and developmental disabilities allowed 141 26 growth factor adjustment, as provided in this section in lieu 141 27 of the provisions of section 331.438, subsection 2, and 141 28 section 331.439, subsection 3, and chapter 426B: 141 29 .................................................. $ 28,507,362 141 30 2. The funding appropriated in this section is the allowed 141 31 growth factor adjustment for fiscal year 2005-2006, and is 141 32 allocated as follows: 141 33 a. For distribution to counties for fiscal year 2005-2006 141 34 in accordance with the formula in section 331.438, subsection 141 35 2, paragraph "b": 142 1 .................................................. $ 12,000,000 142 2 b. For deposit in the per capita expenditure target pool 142 3 created in the property tax relief fund and for distribution 142 4 in accordance with section 426B.5, subsection 1: 142 5 .................................................. $ 14,507,362 142 6 c. For deposit in the risk pool created in the property 142 7 tax relief fund and for distribution in accordance with 142 8 section 426B.5, subsection 2: 142 9 .................................................. $ 2,000,000 142 10 Sec. 149. 2003 Iowa Acts, chapter 179, section 2, is 142 11 amended by adding the following new subsections: 142 12 NEW SUBSECTION. 3. The following formula amounts shall be 142 13 utilized only to calculate preliminary distribution amounts 142 14 for fiscal year 2004-2005 under this section by applying the 142 15 indicated formula provisions to the formula amounts and 142 16 producing a preliminary distribution total for each county: 142 17 a. For calculation of an allowed growth factor adjustment 142 18 amount for each county in accordance with the formula in 142 19 section 331.438, subsection 2, paragraph "b": 142 20 .................................................. $ 12,000,000 142 21 b. For calculation of a distribution amount for eligible 142 22 counties from the per capita expenditure target pool created 142 23 in the property tax relief fund in accordance with the 142 24 requirements in section 426B.5, subsection 1: 142 25 .................................................. $ 14,492,712 142 26 c. For calculation of a distribution amount for counties 142 27 from the mental health and developmental disabilities (MH/DD) 142 28 community services fund in accordance with the formula 142 29 provided in the appropriation made for the MH/DD community 142 30 services fund for the fiscal year beginning July 1, 2003: 142 31 .................................................. $ 17,727,890 142 32 NEW SUBSECTION. 4. After applying the applicable 142 33 statutory distribution formulas to the amounts indicated in 142 34 subsection 3 for purposes of producing preliminary 142 35 distribution totals, the department of human services shall 143 1 apply a withholding factor to adjust an eligible individual 143 2 county's preliminary distribution total. An ending balance 143 3 percentage for each county shall be determined by expressing 143 4 the county's ending balance on a modified accrual basis under 143 5 generally accepted accounting principles for the fiscal year 143 6 beginning July 1, 2003, in the county's mental health, mental 143 7 retardation, and developmental disabilities services fund 143 8 created under section 331.424A, as a percentage of the 143 9 county's gross expenditures from that fund for that fiscal 143 10 year. The withholding factor for a county shall be the 143 11 following applicable percent: 143 12 a. For an ending balance percentage of less than 10 143 13 percent, a withholding factor of 0 percent. In addition to 143 14 the county's adjusted distribution total, a county that is 143 15 subject to this paragraph "a" shall receive an inflation 143 16 adjustment equal to 2.6 percent of the gross expenditures 143 17 reported for the county's services fund for that fiscal year. 143 18 b. For an ending balance percentage of 10 through 24 143 19 percent, a withholding factor of 25 percent. 143 20 c. For an ending balance percentage of 25 through 34 143 21 percent, a withholding factor of 60 percent. 143 22 d. For an ending balance percentage of 35 percent or more, 143 23 a withholding factor of 100 percent. 143 24 NEW SUBSECTION. 5. The total withholding amounts applied 143 25 pursuant to subsection 4 shall be equal to a withholding 143 26 target amount of $4,753,963. If the department of human 143 27 services determines that the amount to be withheld in 143 28 accordance with subsection 4 is not equal to the target 143 29 withholding amount, the department shall adjust the 143 30 withholding factors listed in subsection 4 as necessary to 143 31 achieve the withholding target amount. However, in making 143 32 such adjustments to the withholding factors, the department 143 33 shall strive to minimize changes to the withholding factors 143 34 for those ending balance percentage ranges that are lower than 143 35 others and shall not adjust the zero withholding factor or the 144 1 inflation adjustment percentage specified in subsection 4, 144 2 paragraph "a". 144 3 NEW SUBSECTION. 6. If the department of human services is 144 4 able to draw down the maximum amount available to the state 144 5 under the medical assistance program disproportionate share 144 6 hospital reimbursement provisions and it is implemented in a 144 7 manner that results in an increase in the reimbursement to a 144 8 county-owned hospital in a county with a population over 144 9 200,000, an amount equal to the reimbursement increase paid to 144 10 the county hospital shall be withheld from the funds that 144 11 would otherwise be paid to that county in accordance with this 144 12 section. The county hospital shall establish a credit for the 144 13 county in an amount equal to the amount withheld pursuant to 144 14 this subsection. The county may apply the credit to the 144 15 county hospital's billings for services otherwise payable from 144 16 the county's services fund created under section 331.424A. 144 17 The funds that are withheld from the county pursuant to this 144 18 section shall be transferred to the general fund of the state. 144 19 DIVISION VIII 144 20 JUDICIAL BRANCH 144 21 Sec. 150. JUDICIAL BRANCH. There is appropriated from the 144 22 general fund of the state to the judicial branch for the 144 23 fiscal year beginning July 1, 2004, and ending June 30, 2005, 144 24 the following amount, or so much thereof as is necessary, to 144 25 be used for the purposes designated: 144 26 For salaries of supreme court justices, appellate court 144 27 judges, district court judges, district associate judges, 144 28 judicial magistrates and staff, state court administrator, 144 29 clerk of the supreme court, district court administrators, 144 30 clerks of the district court, juvenile court officers, board 144 31 of law examiners and board of examiners of shorthand reporters 144 32 and judicial qualifications commission, receipt and 144 33 disbursement of child support payments, reimbursement of the 144 34 auditor of state for expenses incurred in completing audits of 144 35 the offices of the clerks of the district court during the 145 1 fiscal year beginning July 1, 2004, and maintenance, 145 2 equipment, and miscellaneous purposes: 145 3 .................................................. $117,837,862 145 4 1. The judicial branch, except for purposes of internal 145 5 processing, shall use the current state budget system, the 145 6 state payroll system, and the Iowa finance and accounting 145 7 system in administration of programs and payments for 145 8 services, and shall not duplicate the state payroll, 145 9 accounting, and budgeting systems. 145 10 2. The judicial branch shall submit monthly financial 145 11 statements to the legislative services agency and the 145 12 department of management containing all appropriated accounts 145 13 in the same manner as provided in the monthly financial status 145 14 reports and personal services usage reports of the department 145 15 of administrative services. The monthly financial statements 145 16 shall include a comparison of the dollars and percentage spent 145 17 of budgeted versus actual revenues and expenditures on a 145 18 cumulative basis for full-time equivalent positions and 145 19 dollars. 145 20 3. The judicial branch shall focus efforts upon the 145 21 collection of delinquent fines, penalties, court costs, fees, 145 22 surcharges, or similar amounts. 145 23 4. It is the intent of the general assembly that the 145 24 offices of the clerks of the district court operate in all 145 25 ninety-nine counties and be accessible to the public as much 145 26 as is reasonably possible in order to address the relative 145 27 needs of the citizens of each county. 145 28 5. The judicial branch shall study the best practices and 145 29 efficiencies of each judicial district. In identifying the 145 30 most efficient judicial districts and the districts using best 145 31 practices, the judicial branch shall consider the average cost 145 32 to the judicial branch for processing each classification of 145 33 criminal offense or civil action and the overall number of 145 34 cases filed. The judicial branch shall file a report 145 35 regarding the study made and actions taken pursuant to this 146 1 subsection with the cochairpersons and ranking members of the 146 2 joint appropriations subcommittee on the justice system and to 146 3 the legislative services agency by December 15, 2004. 146 4 6. In addition to the requirements for transfers under 146 5 section 8.39, the judicial branch shall not change the 146 6 appropriations from the amounts appropriated to the judicial 146 7 branch in this division of this Act, unless notice of the 146 8 revisions is given prior to their effective date to the 146 9 legislative services agency. The notice shall include 146 10 information on the branch's rationale for making the changes 146 11 and details concerning the work load and performance measures 146 12 upon which the changes are based. 146 13 7. The judicial branch shall submit a semiannual update to 146 14 the legislative services agency specifying the amounts of 146 15 fines, surcharges, and court costs collected using the Iowa 146 16 court information system since the last report. The judicial 146 17 branch shall continue to facilitate the sharing of vital 146 18 sentencing and other information with other state departments 146 19 and governmental agencies involved in the criminal justice 146 20 system through the Iowa court information system. 146 21 8. The judicial branch shall provide a report to the 146 22 general assembly by January 1, 2005, concerning the amounts 146 23 received and expended from the enhanced court collections fund 146 24 created in section 602.1304 and the court technology and 146 25 modernization fund created in section 602.8108, subsection 5, 146 26 during the fiscal year beginning July 1, 2003, and ending June 146 27 30, 2004, and the plans for expenditures from each fund during 146 28 the fiscal year beginning July 1, 2004, and ending June 30, 146 29 2005. A copy of the report shall be provided to the 146 30 legislative services agency. 146 31 Sec. 151. JUDICIAL RETIREMENT FUND. There is appropriated 146 32 from the general fund of the state to the judicial retirement 146 33 fund for the fiscal year beginning July 1, 2004, and ending 146 34 June 30, 2005, the following amount, or so much thereof as is 146 35 necessary, to be used for the purpose designated: 147 1 Notwithstanding section 602.9104, for the state's 147 2 contribution to the judicial retirement fund in the amount of 147 3 9.71 percent of the basic salaries of the judges covered under 147 4 chapter 602, article 9: 147 5 .................................................. $ 2,039,664 147 6 Sec. 152. APPOINTMENT OF CLERK OF COURT. The appointment 147 7 of a clerk of the district court shall not occur unless the 147 8 state court administrator approves the appointment. 147 9 Sec. 153. POSTING OF REPORTS IN ELECTRONIC FORMAT – 147 10 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 147 11 required to be provided by the judicial branch for fiscal year 147 12 2004-2005 to the legislative services agency shall be provided 147 13 in an electronic format. The legislative services agency 147 14 shall post the reports on its internet site and shall notify 147 15 by electronic means all the members of the joint 147 16 appropriations subcommittee on the justice system when a 147 17 report is posted. Upon request, copies of the reports may be 147 18 mailed to members of the joint appropriations subcommittee on 147 19 the justice system. 147 20 DIVISION IX 147 21 JUSTICE SYSTEM 147 22 Sec. 154. DEPARTMENT OF JUSTICE. 147 23 1. There is appropriated from the general fund of the 147 24 state to the department of justice for the fiscal year 147 25 beginning July 1, 2004, and ending June 30, 2005, the 147 26 following amounts, or so much thereof as is necessary, to be 147 27 used for the purposes designated: 147 28 a. For the general office of attorney general for 147 29 salaries, support, maintenance, miscellaneous purposes 147 30 including the prosecuting attorneys training program, victim 147 31 assistance grants, office of drug control policy (ODCP) 147 32 prosecuting attorney program, legal services for persons in 147 33 poverty grants as provided in section 13.34, odometer fraud 147 34 enforcement, and for not more than the following full-time 147 35 equivalent positions: 148 1 .................................................. $ 7,565,245 148 2 ............................................... FTEs 208.50 148 3 It is the intent of the general assembly that as a 148 4 condition of receiving the appropriation provided in this 148 5 lettered paragraph, the department of justice shall maintain a 148 6 record of the estimated time incurred representing each agency 148 7 or department. 148 8 b. For victim assistance grants: 148 9 .................................................. $ 5,000 148 10 The funds appropriated in this lettered paragraph shall be 148 11 used to provide grants to care providers providing services to 148 12 crime victims of domestic abuse or to crime victims of rape 148 13 and sexual assault. 148 14 2. In addition to the funds appropriated in subsection 1, 148 15 there is appropriated from the general fund of the state to 148 16 the department of justice for the fiscal year beginning July 148 17 1, 2004, and ending June 30, 2005, an amount not exceeding 148 18 $200,000 to be used for the enforcement of the Iowa 148 19 competition law. The funds appropriated in this subsection 148 20 are contingent upon receipt by the general fund of the state 148 21 of an amount at least equal to the expenditure amount from 148 22 either damages awarded to the state or a political subdivision 148 23 of the state by a civil judgment under chapter 553, if the 148 24 judgment authorizes the use of the award for enforcement 148 25 purposes or costs or attorneys fees awarded the state in state 148 26 or federal antitrust actions. However, if the amounts 148 27 received as a result of these judgments are in excess of 148 28 $200,000, the excess amounts shall not be appropriated to the 148 29 department of justice pursuant to this subsection. The 148 30 department of justice shall report the department's actual 148 31 costs and an estimate of the time incurred enforcing the 148 32 competition law, to the cochairpersons and ranking members of 148 33 the joint appropriations subcommittee on the justice system, 148 34 and to the legislative services agency by November 15, 2004. 148 35 3. In addition to the funds appropriated in subsection 1, 149 1 there is appropriated from the general fund of the state to 149 2 the department of justice for the fiscal year beginning July 149 3 1, 2004, and ending June 30, 2005, an amount not exceeding 149 4 $1,125,000 to be used for public education relating to 149 5 consumer fraud and for enforcement of section 714.16, and an 149 6 amount not exceeding $75,000 for investigation, prosecution, 149 7 and consumer education relating to consumer and criminal fraud 149 8 against older Iowans. The funds appropriated in this 149 9 subsection are contingent upon receipt by the general fund of 149 10 the state of an amount at least equal to the expenditure 149 11 amount from damages awarded to the state or a political 149 12 subdivision of the state by a civil consumer fraud judgment or 149 13 settlement, if the judgment or settlement authorizes the use 149 14 of the award for public education on consumer fraud. However, 149 15 if the funds received as a result of these judgments and 149 16 settlements are in excess of $1,200,000, the excess funds 149 17 shall not be appropriated to the department of justice 149 18 pursuant to this subsection. The department of justice shall 149 19 report to the cochairpersons and ranking members of the joint 149 20 appropriations subcommittee on the justice system, and to the 149 21 legislative services agency by November 15, 2004, the 149 22 department's actual costs and an estimate of the time incurred 149 23 in providing education pursuant to and enforcing this 149 24 subsection. 149 25 4. The balance of the victim compensation fund established 149 26 in section 915.94 may be used to provide salary and support of 149 27 not more than 20.00 FTEs and to provide maintenance for the 149 28 victim compensation functions of the department of justice. 149 29 5. a. The department of justice, in submitting budget 149 30 estimates for the fiscal year commencing July 1, 2005, 149 31 pursuant to section 8.23, shall include a report of funding 149 32 from sources other than amounts appropriated directly from the 149 33 general fund of the state to the department of justice or to 149 34 the office of consumer advocate. These funding sources shall 149 35 include, but are not limited to, reimbursements from other 150 1 state agencies, commissions, boards, or similar entities, and 150 2 reimbursements from special funds or internal accounts within 150 3 the department of justice. The department of justice shall 150 4 report actual reimbursements for the fiscal year commencing 150 5 July 1, 2003, and actual and expected reimbursements for the 150 6 fiscal year commencing July 1, 2004. 150 7 b. The department of justice shall include the report 150 8 required under paragraph "a", as well as information regarding 150 9 any revisions occurring as a result of reimbursements actually 150 10 received or expected at a later date, in a report to the 150 11 cochairpersons and ranking members of the joint appropriations 150 12 subcommittee on the justice system and the legislative 150 13 services agency. The department of justice shall submit the 150 14 report on or before January 15, 2005. 150 15 Sec. 155. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 150 16 INVESTIGATION AND PROSECUTION – FUNDING. There is 150 17 appropriated from the environmental crime fund of the 150 18 department of justice, consisting of court-ordered fines and 150 19 penalties awarded to the department arising out of the 150 20 prosecution of environmental crimes, to the department of 150 21 justice for the fiscal year beginning July 1, 2004, and ending 150 22 June 30, 2005, an amount not exceeding $20,000 to be used by 150 23 the department, at the discretion of the attorney general, for 150 24 the investigation and prosecution of environmental crimes, 150 25 including the reimbursement of expenses incurred by county, 150 26 municipal, and other local governmental agencies cooperating 150 27 with the department in the investigation and prosecution of 150 28 environmental crimes. 150 29 The funds appropriated in this section are contingent upon 150 30 receipt by the environmental crime fund of the department of 150 31 justice of an amount at least equal to the appropriations made 150 32 in this section and received from contributions, court-ordered 150 33 restitution as part of judgments in criminal cases, and 150 34 consent decrees entered into as part of civil or regulatory 150 35 enforcement actions. However, if the funds received during 151 1 the fiscal year are in excess of $20,000, the excess funds 151 2 shall be deposited in the general fund of the state. 151 3 Notwithstanding section 8.33, moneys appropriated in this 151 4 section that remain unencumbered or unobligated at the close 151 5 of the fiscal year shall not revert but shall remain available 151 6 for expenditure for the purpose designated until the close of 151 7 the succeeding fiscal year. 151 8 Sec. 156. OFFICE OF CONSUMER ADVOCATE. There is 151 9 appropriated from the general fund of the state to the office 151 10 of consumer advocate of the department of justice for the 151 11 fiscal year beginning July 1, 2004, and ending June 30, 2005, 151 12 the following amount, or so much thereof as is necessary, to 151 13 be used for the purposes designated: 151 14 For salaries, support, maintenance, miscellaneous purposes, 151 15 and for not more than the following full-time equivalent 151 16 positions: 151 17 .................................................. $ 2,803,862 151 18 ............................................... FTEs 27.00 151 19 Sec. 157. DEPARTMENT OF CORRECTIONS – FACILITIES. 151 20 1. There is appropriated from the general fund of the 151 21 state to the department of corrections for the fiscal year 151 22 beginning July 1, 2004, and ending June 30, 2005, the 151 23 following amounts, or so much thereof as is necessary, to be 151 24 used for the purposes designated: 151 25 For the operation of adult correctional institutions, 151 26 reimbursement of counties for certain confinement costs, and 151 27 federal prison reimbursement, to be allocated as follows: 151 28 a. For the operation of the Fort Madison correctional 151 29 facility, including salaries, support, maintenance, and 151 30 miscellaneous purposes: 151 31 .................................................. $ 38,009,504 151 32 b. For the operation of the Anamosa correctional facility, 151 33 including salaries, support, maintenance, and miscellaneous 151 34 purposes: 151 35 .................................................. $ 26,913,551 152 1 Moneys are provided within this appropriation for one full- 152 2 time substance abuse counselor for the Luster Heights 152 3 facility, for the purpose of certification of a substance 152 4 abuse program at that facility. 152 5 c. For the operation of the Oakdale correctional facility, 152 6 including salaries, support, maintenance, and miscellaneous 152 7 purposes: 152 8 .................................................. $ 23,536,936 152 9 d. For the operation of the Newton correctional facility, 152 10 including salaries, support, maintenance, and miscellaneous 152 11 purposes: 152 12 .................................................. $ 24,533,794 152 13 e. For the operation of the Mt. Pleasant correctional 152 14 facility, including salaries, support, maintenance, and 152 15 miscellaneous purposes: 152 16 .................................................. $ 22,464,361 152 17 f. For the operation of the Rockwell City correctional 152 18 facility, including salaries, support, maintenance, and 152 19 miscellaneous purposes: 152 20 .................................................. $ 7,772,369 152 21 g. For the operation of the Clarinda correctional 152 22 facility, including salaries, support, maintenance, and 152 23 miscellaneous purposes: 152 24 .................................................. $ 22,518,204 152 25 Moneys received by the department of corrections as 152 26 reimbursement for services provided to the Clarinda youth 152 27 corporation are appropriated to the department and shall be 152 28 used for the purpose of operating the Clarinda correctional 152 29 facility. 152 30 h. For the operation of the Mitchellville correctional 152 31 facility, including salaries, support, maintenance, and 152 32 miscellaneous purposes: 152 33 .................................................. $ 13,190,260 152 34 i. For the operation of the Fort Dodge correctional 152 35 facility, including salaries, support, maintenance, and 153 1 miscellaneous purposes: 153 2 .................................................. $ 25,880,530 153 3 j. For reimbursement of counties for temporary confinement 153 4 of work release and parole violators, as provided in sections 153 5 901.7, 904.908, and 906.17 and for offenders confined pursuant 153 6 to section 904.513: 153 7 .................................................. $ 674,954 153 8 k. For federal prison reimbursement, reimbursements for 153 9 out-of-state placements, and miscellaneous contracts: 153 10 .................................................. $ 241,293 153 11 The department of corrections shall use funds appropriated 153 12 in this subsection to continue to contract for the services of 153 13 a Muslim imam. 153 14 Sec. 158. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 153 15 1. There is appropriated from the general fund of the 153 16 state to the department of corrections for the fiscal year 153 17 beginning July 1, 2004, and ending June 30, 2005, the 153 18 following amounts, or so much thereof as is necessary, to be 153 19 used for the purposes designated: 153 20 a. For general administration, including salaries, 153 21 support, maintenance, employment of an education director to 153 22 administer a centralized education program for the 153 23 correctional system, and miscellaneous purposes: 153 24 .................................................. $ 2,784,393 153 25 (1) It is the intent of the general assembly that as a 153 26 condition of receiving the appropriation provided in this 153 27 lettered paragraph, the department of corrections shall not, 153 28 except as otherwise provided in subparagraph (3), enter into a 153 29 new contract, unless the contract is a renewal of an existing 153 30 contract, for the expenditure of moneys in excess of $100,000 153 31 during the fiscal year beginning July 1, 2004, for the 153 32 privatization of services performed by the department using 153 33 state employees as of July 1, 2004, or for the privatization 153 34 of new services by the department, without prior consultation 153 35 with any applicable state employee organization affected by 154 1 the proposed new contract and prior notification of the 154 2 cochairpersons and ranking members of the joint appropriations 154 3 subcommittee on the justice system. 154 4 (2) It is the intent of the general assembly that each 154 5 lease negotiated by the department of corrections with a 154 6 private corporation for the purpose of providing private 154 7 industry employment of inmates in a correctional institution 154 8 shall prohibit the private corporation from utilizing inmate 154 9 labor for partisan political purposes for any person seeking 154 10 election to public office in this state and that a violation 154 11 of this requirement shall result in a termination of the lease 154 12 agreement. 154 13 (3) It is the intent of the general assembly that as a 154 14 condition of receiving the appropriation provided in this 154 15 lettered paragraph, the department of corrections shall not 154 16 enter into a lease or contractual agreement pursuant to 154 17 section 904.809 with a private corporation for the use of 154 18 building space for the purpose of providing inmate employment 154 19 without providing that the terms of the lease or contract 154 20 establish safeguards to restrict, to the greatest extent 154 21 feasible, access by inmates working for the private 154 22 corporation to personal identifying information of citizens. 154 23 b. For educational programs for inmates at state penal 154 24 institutions: 154 25 .................................................. $ 1,008,358 154 26 It is the intent of the general assembly that moneys 154 27 appropriated in this lettered paragraph shall be used solely 154 28 for the purpose indicated and that the moneys shall not be 154 29 transferred for any other purpose. In addition, it is the 154 30 intent of the general assembly that the department shall 154 31 consult with the community colleges in the areas in which the 154 32 institutions are located to utilize moneys appropriated in 154 33 this lettered paragraph to fund the high school completion, 154 34 high school equivalency diploma, adult literacy, and adult 154 35 basic education programs in a manner so as to maintain these 155 1 programs at the institutions. 155 2 To maximize the funding for educational programs, the 155 3 department shall establish guidelines and procedures to 155 4 prioritize the availability of educational and vocational 155 5 training for inmates based upon the goal of facilitating an 155 6 inmate's successful release from the correctional institution. 155 7 The director of the department of corrections may transfer 155 8 moneys from Iowa prison industries for use in educational 155 9 programs for inmates. 155 10 Notwithstanding section 8.33, moneys appropriated in this 155 11 lettered paragraph that remain unobligated or unexpended at 155 12 the close of the fiscal year shall not revert but shall remain 155 13 available for expenditure only for the purpose designated in 155 14 this lettered paragraph until the close of the succeeding 155 15 fiscal year. 155 16 c. For the development of the Iowa corrections offender 155 17 network (ICON) data system: 155 18 .................................................. $ 427,700 155 19 2. It is the intent of the general assembly that the 155 20 department of corrections shall continue to operate the 155 21 correctional farms under the control of the department at the 155 22 same or greater level of participation and involvement as 155 23 existed as of January 1, 2004, shall not enter into any rental 155 24 agreement or contract concerning any farmland under the 155 25 control of the department that is not subject to a rental 155 26 agreement or contract as of January 1, 2004, without prior 155 27 legislative approval, and shall further attempt to provide job 155 28 opportunities at the farms for inmates. The department shall 155 29 attempt to provide job opportunities at the farms for inmates 155 30 by encouraging labor-intensive farming or gardening where 155 31 appropriate, using inmates to grow produce and meat for 155 32 institutional consumption, researching the possibility of 155 33 instituting food canning and cook-and-chill operations, and 155 34 exploring opportunities for organic farming and gardening, 155 35 livestock ventures, horticulture, and specialized crops. 156 1 3. The department shall work to increase produce gardening 156 2 by inmates under the control of the correctional institutions, 156 3 and, if appropriate, may use the central distribution network 156 4 at the Woodward state resource center. The department shall 156 5 file a report with the cochairpersons and ranking members of 156 6 the joint appropriations subcommittee on the justice system by 156 7 December 1, 2004, regarding the feasibility of expanding the 156 8 number of acres devoted to organic gardening and to the 156 9 growing of organic produce for sale. 156 10 4. The department of corrections shall submit a report to 156 11 the general assembly by January 1, 2005, concerning moneys 156 12 recouped from inmate earnings for the reimbursement of 156 13 operational expenses of the applicable facility during the 156 14 fiscal year beginning July 1, 2003, for each correctional 156 15 institution and judicial district department of correctional 156 16 services. In addition, each correctional institution and 156 17 judicial district department of correctional services shall 156 18 continue to submit a report to the legislative services agency 156 19 on a monthly basis concerning moneys recouped from inmate 156 20 earnings pursuant to sections 904.702, 904.809, and 905.14. 156 21 5. Notwithstanding the number of full-time equivalent 156 22 positions authorized for the department of corrections, the 156 23 department may employ more than the number of full-time 156 24 equivalent positions as necessary to alleviate staff shortages 156 25 caused by members of the Iowa national guard or armed forces 156 26 reserve units being called up for active duty. 156 27 Sec. 159. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 156 28 SERVICES. 156 29 1. There is appropriated from the general fund of the 156 30 state to the department of corrections for the fiscal year 156 31 beginning July 1, 2004, and ending June 30, 2005, the 156 32 following amounts, or so much thereof as is necessary, to be 156 33 allocated as follows: 156 34 a. For the first judicial district department of 156 35 correctional services, including the treatment and supervision 157 1 of probation and parole violators who have been released from 157 2 the department of corrections violator program, the following 157 3 amount, or so much thereof as is necessary: 157 4 .................................................. $ 10,090,207 157 5 b. For the second judicial district department of 157 6 correctional services, including the treatment and supervision 157 7 of probation and parole violators who have been released from 157 8 the department of corrections violator program, the following 157 9 amount, or so much thereof as is necessary: 157 10 .................................................. $ 7,755,402 157 11 c. For the third judicial district department of 157 12 correctional services, including the treatment and supervision 157 13 of probation and parole violators who have been released from 157 14 the department of corrections violator program, the following 157 15 amount, or so much thereof as is necessary: 157 16 .................................................. $ 4,631,423 157 17 d. For the fourth judicial district department of 157 18 correctional services, including the treatment and supervision 157 19 of probation and parole violators who have been released from 157 20 the department of corrections violator program, the following 157 21 amount, or so much thereof as is necessary: 157 22 .................................................. $ 4,248,965 157 23 e. For the fifth judicial district department of 157 24 correctional services, including the treatment and supervision 157 25 of probation and parole violators who have been released from 157 26 the department of corrections violator program, the following 157 27 amount, or so much thereof as is necessary: 157 28 .................................................. $ 12,982,837 157 29 f. For the sixth judicial district department of 157 30 correctional services, including the treatment and supervision 157 31 of probation and parole violators who have been released from 157 32 the department of corrections violator program, the following 157 33 amount, or so much thereof as is necessary: 157 34 .................................................. $ 10,064,717 157 35 g. For the seventh judicial district department of 158 1 correctional services, including the treatment and supervision 158 2 of probation and parole violators who have been released from 158 3 the department of corrections violator program, the following 158 4 amount, or so much thereof as is necessary: 158 5 .................................................. $ 5,677,314 158 6 h. For the eighth judicial district department of 158 7 correctional services, including the treatment and supervision 158 8 of probation and parole violators who have been released from 158 9 the department of corrections violator program, the following 158 10 amount, or so much thereof as is necessary: 158 11 .................................................. $ 5,574,865 158 12 2. Each judicial district department of correctional 158 13 services, within the funding available, shall continue 158 14 programs and plans established within that district to provide 158 15 for intensive supervision, sex offender treatment, diversion 158 16 of low-risk offenders to the least restrictive sanction 158 17 available, job development, and expanded use of intermediate 158 18 criminal sanctions. 158 19 3. Each judicial district department of correctional 158 20 services shall provide alternatives to prison consistent with 158 21 chapter 901B. The alternatives to prison shall ensure public 158 22 safety while providing maximum rehabilitation to the offender. 158 23 A judicial district department may also establish a day 158 24 program. 158 25 4. The governor's office of drug control policy shall 158 26 consider federal grants made to the department of corrections 158 27 for the benefit of each of the eight judicial district 158 28 departments of correctional services as local government 158 29 grants, as defined pursuant to federal regulations. 158 30 Sec. 160. INTENT – REPORTS. 158 31 1. The department of corrections shall submit a report on 158 32 inmate labor to the general assembly, to the cochairpersons 158 33 and the ranking members of the joint appropriations 158 34 subcommittee on the justice system, and to the legislative 158 35 services agency by January 15, 2005. The report shall 159 1 specifically address the progress the department has made in 159 2 implementing the requirements of section 904.701, inmate labor 159 3 on capital improvement projects, community work crews, inmate 159 4 produce gardening, and private-sector employment. 159 5 2. The department in cooperation with townships, the Iowa 159 6 cemetery associations, and other nonprofit or governmental 159 7 entities may use inmate labor to restore or preserve rural 159 8 cemeteries and historical landmarks. The department in 159 9 cooperation with the counties may also use inmate labor to 159 10 clean up roads, major water sources, and other water sources 159 11 around the state. Any governmental entity or nonprofit agency 159 12 using inmate labor pursuant to this subsection shall be immune 159 13 from civil or employer liability. 159 14 3. The department shall provide a report that details the 159 15 inmate capacity for each county jail, detention facility, or 159 16 municipal jail. The report shall also include population data 159 17 of the jails and detention facilities, and options for 159 18 integrating jails and detention facilities into the department 159 19 of corrections. The department shall file the report with the 159 20 cochairpersons and ranking members of the joint appropriations 159 21 subcommittee on the justice system and the legislative 159 22 services agency by December 15 of each year. The department 159 23 shall also coordinate and provide information to the counties 159 24 regarding available inmate bed space in each county jail, 159 25 detention facility, or municipal jail. 159 26 4. Each month the department shall provide a status report 159 27 regarding private-sector employment to the legislative 159 28 services agency beginning on July 1, 2004. The report shall 159 29 include the number of offenders employed in the private 159 30 sector, the combined number of hours worked by the offenders, 159 31 and the total amount of allowances, and the distribution of 159 32 allowances pursuant to section 904.702, including any moneys 159 33 deposited in the general fund of the state. 159 34 Sec. 161. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 159 35 1. As used in this section, unless the context otherwise 160 1 requires, "state agency" means the government of the state of 160 2 Iowa, including but not limited to all executive branch 160 3 departments, agencies, boards, bureaus, and commissions, the 160 4 judicial branch, the general assembly and all legislative 160 5 agencies, institutions within the purview of the state board 160 6 of regents, and any corporation whose primary function is to 160 7 act as an instrumentality of the state. 160 8 2. State agencies are hereby encouraged to purchase 160 9 products from Iowa state industries, as defined in section 160 10 904.802, when purchases are required and the products are 160 11 available from Iowa state industries. State agencies shall 160 12 obtain bids from Iowa state industries for purchases of office 160 13 furniture exceeding $5,000 or in accordance with applicable 160 14 administrative rules related to purchases for the agency. 160 15 Sec. 162. STATE PUBLIC DEFENDER. There is appropriated 160 16 from the general fund of the state to the office of the state 160 17 public defender of the department of inspections and appeals 160 18 for the fiscal year beginning July 1, 2004, and ending June 160 19 30, 2005, the following amounts, or so much thereof as is 160 20 necessary, to be allocated as follows for the purposes 160 21 designated: 160 22 1. For salaries, support, maintenance, and miscellaneous 160 23 purposes, and for not more than the following full-time 160 24 equivalent positions: 160 25 .................................................. $ 16,663,446 160 26 ............................................... FTEs 202.00 160 27 2. For the fees of court-appointed attorneys for indigent 160 28 adults and juveniles, in accordance with section 232.141 and 160 29 chapter 815: 160 30 .................................................. $ 19,355,297 160 31 Sec. 163. IOWA LAW ENFORCEMENT ACADEMY. 160 32 1. There is appropriated from the general fund of the 160 33 state to the Iowa law enforcement academy for the fiscal year 160 34 beginning July 1, 2004, and ending June 30, 2005, the 160 35 following amount, or so much thereof as is necessary, to be 161 1 used for the purposes designated: 161 2 For salaries, support, maintenance, miscellaneous purposes, 161 3 including jailer training and technical assistance, and for 161 4 not more than the following full-time equivalent positions: 161 5 .................................................. $ 1,066,890 161 6 ............................................... FTEs 30.05 161 7 It is the intent of the general assembly that the Iowa law 161 8 enforcement academy may provide training of state and local 161 9 law enforcement personnel concerning the recognition of and 161 10 response to persons with Alzheimer's disease. 161 11 2. The Iowa law enforcement academy may select at least 161 12 five automobiles of the department of public safety, division 161 13 of the Iowa state patrol, prior to turning over the 161 14 automobiles to the department of administrative services to be 161 15 disposed of by public auction and the Iowa law enforcement 161 16 academy may exchange any automobile owned by the academy for 161 17 each automobile selected if the selected automobile is used in 161 18 training law enforcement officers at the academy. However, 161 19 any automobile exchanged by the academy shall be substituted 161 20 for the selected vehicle of the department of public safety 161 21 and sold by public auction with the receipts being deposited 161 22 in the depreciation fund to the credit of the department of 161 23 public safety, division of the Iowa state patrol. 161 24 Sec. 164. BOARD OF PAROLE. There is appropriated from the 161 25 general fund of the state to the board of parole for the 161 26 fiscal year beginning July 1, 2004, and ending June 30, 2005, 161 27 the following amount, or so much thereof as is necessary, to 161 28 be used for the purposes designated: 161 29 For salaries, support, maintenance, miscellaneous purposes, 161 30 and for not more than the following full-time equivalent 161 31 positions: 161 32 .................................................. $ 1,067,910 161 33 ............................................... FTEs 16.50 161 34 The board of parole in cooperation with the judicial 161 35 district departments of correctional services shall develop a 162 1 mentoring program for persons on probation and parole. The 162 2 plan shall include forming partnerships with nonprofit and 162 3 faith-based organizations in mentoring persons on probation 162 4 and parole. The board of parole in cooperation with the 162 5 judicial district departments of correctional services shall 162 6 file a report with the cochairpersons and ranking members of 162 7 the joint appropriations subcommittee on the justice system 162 8 and to the legislative services agency by December 15 of each 162 9 year. The report shall specify the number of persons on 162 10 probation and parole in the mentoring program and the 162 11 recidivism rate for persons in the program. 162 12 Sec. 165. DEPARTMENT OF PUBLIC DEFENSE. There is 162 13 appropriated from the general fund of the state to the 162 14 department of public defense for the fiscal year beginning 162 15 July 1, 2004, and ending June 30, 2005, the following amounts, 162 16 or so much thereof as is necessary, to be used for the 162 17 purposes designated: 162 18 1. MILITARY DIVISION 162 19 For salaries, support, maintenance, miscellaneous purposes, 162 20 and for not more than the following full-time equivalent 162 21 positions: 162 22 .................................................. $ 5,084,143 162 23 ............................................... FTEs 310.80 162 24 If there is a surplus in the general fund of the state for 162 25 the fiscal year ending June 30, 2005, within 60 days after the 162 26 close of the fiscal year, the military division may incur up 162 27 to an additional $500,000 in expenditures from the surplus 162 28 prior to transfer of the surplus pursuant to section 8.57. 162 29 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 162 30 For salaries, support, maintenance, miscellaneous purposes, 162 31 and for not more than the following full-time equivalent 162 32 positions: 162 33 .................................................. $ 1,123,400 162 34 ............................................... FTEs 25.25 162 35 Sec. 166. DEPARTMENT OF PUBLIC SAFETY. There is 163 1 appropriated from the general fund of the state to the 163 2 department of public safety for the fiscal year beginning July 163 3 1, 2004, and ending June 30, 2005, the following amounts, or 163 4 so much thereof as is necessary, to be used for the purposes 163 5 designated: 163 6 1. For the department's administrative functions, 163 7 including the criminal justice information system, and for not 163 8 more than the following full-time equivalent positions: 163 9 ................................................. $ 2,654,732 163 10 ............................................... FTEs 37.00 163 11 2. For the division of criminal investigation and bureau 163 12 of identification, including the state's contribution to the 163 13 peace officers' retirement, accident, and disability system 163 14 provided in chapter 97A in the amount of 17 percent of the 163 15 salaries for which the funds are appropriated, to meet federal 163 16 fund matching requirements, and for not more than the 163 17 following full-time equivalent positions: 163 18 .................................................. $ 14,058,510 163 19 ............................................... FTEs 221.50 163 20 The department of public safety, with the approval of the 163 21 department of management, may employ no more than two special 163 22 agents and four gaming enforcement officers for each 163 23 additional riverboat regulated after July 1, 2004, and one 163 24 special agent for each racing facility which becomes 163 25 operational during the fiscal year which begins July 1, 2004. 163 26 One additional gaming enforcement officer, up to a total of 163 27 four per riverboat, may be employed for each riverboat that 163 28 has extended operations to 24 hours and has not previously 163 29 operated with a 24-hour schedule. Positions authorized in 163 30 this paragraph are in addition to the full-time equivalent 163 31 positions otherwise authorized in this subsection. 163 32 3. a. For the division of narcotics enforcement, 163 33 including the state's contribution to the peace officers' 163 34 retirement, accident, and disability system provided in 163 35 chapter 97A in the amount of 17 percent of the salaries for 164 1 which the funds are appropriated, to meet federal fund 164 2 matching requirements, and for not more than the following 164 3 full-time equivalent positions: 164 4 .................................................. $ 3,930,089 164 5 ............................................... FTEs 59.00 164 6 b. For the division of narcotics enforcement for 164 7 undercover purchases: 164 8 .................................................. $ 123,343 164 9 4. a. For the state fire marshal's office, including the 164 10 state's contribution to the peace officers' retirement, 164 11 accident, and disability system provided in chapter 97A in the 164 12 amount of 17 percent of the salaries for which the funds are 164 13 appropriated, and for not more than the following full-time 164 14 equivalent positions: 164 15 .................................................. $ 2,181,998 164 16 ............................................... FTEs 39.00 164 17 b. For the state fire marshal's office, for fire 164 18 protection services as provided through the state fire service 164 19 and emergency response council as created in the department, 164 20 and for not more than the following full-time equivalent 164 21 positions: 164 22 .................................................. $ 638,021 164 23 ............................................... FTEs 12.00 164 24 5. For the division of the Iowa state patrol of the 164 25 department of public safety, for salaries, support, 164 26 maintenance, workers' compensation costs, and miscellaneous 164 27 purposes, including the state's contribution to the peace 164 28 officers' retirement, accident, and disability system provided 164 29 in chapter 97A in the amount of 17 percent of the salaries for 164 30 which the funds are appropriated, and for not more than the 164 31 following full-time equivalent positions: 164 32 ................................................. $ 42,517,133 164 33 .............................................. FTEs 536.00 164 34 It is the intent of the general assembly that members of 164 35 the Iowa state patrol be assigned to patrol the highways and 165 1 roads in lieu of assignments for inspecting school buses for 165 2 the school districts. 165 3 It is the intent of the general assembly that approximately 165 4 one-half of the members of the Iowa state patrol assigned to 165 5 District 16 be reassigned to patrol duties on the highways and 165 6 roads, and that candidates from the department of public 165 7 safety's training school fill vacant positions at District 16 165 8 due to the reassignment. 165 9 6. For deposit in the public safety law enforcement sick 165 10 leave benefits fund established under section 80.42, for all 165 11 departmental employees eligible to receive benefits for 165 12 accrued sick leave under the collective bargaining agreement: 165 13 .................................................. $ 316,179 165 14 An employee of the department of public safety who retires 165 15 after July 1, 2004, but prior to June 30, 2005, is eligible 165 16 for payment of life or health insurance premiums as provided 165 17 for in the collective bargaining agreement covering the public 165 18 safety bargaining unit at the time of retirement if that 165 19 employee previously served in a position which would have been 165 20 covered by the agreement. The employee shall be given credit 165 21 for the service in that prior position as though it were 165 22 covered by that agreement. The provisions of this subsection 165 23 shall not operate to reduce any retirement benefits an 165 24 employee may have earned under other collective bargaining 165 25 agreements or retirement programs. 165 26 7. For costs associated with the training and equipment 165 27 needs of volunteer fire fighters and for not more than the 165 28 following full-time equivalent position: 165 29 .................................................. $ 559,587 165 30 ............................................... FTEs 1.00 165 31 Notwithstanding section 8.33, moneys appropriated in this 165 32 subsection that remain unobligated or unexpended at the close 165 33 of the fiscal year shall not revert but shall remain available 165 34 for expenditure only for the purpose designated in this 165 35 subsection until the close of the succeeding fiscal year. 166 1 Sec. 167. CIVIL RIGHTS COMMISSION. There is appropriated 166 2 from the general fund of the state to the Iowa state civil 166 3 rights commission for the fiscal year beginning July 1, 2004, 166 4 and ending June 30, 2005, the following amount, or so much 166 5 thereof as is necessary, to be used for the purposes 166 6 designated: 166 7 For salaries, support, maintenance, miscellaneous purposes, 166 8 and for not more than the following full-time equivalent 166 9 positions: 166 10 .................................................. $ 825,752 166 11 ............................................... FTEs 28.00 166 12 The Iowa state civil rights commission may enter into a 166 13 contract with a nonprofit organization to provide legal 166 14 assistance to resolve civil rights complaints. 166 15 Sec. 168. Section 13B.4, subsection 3, Code Supplement 166 16 2003, is amended to read as follows: 166 17 3. The state public defender may contract with persons 166 18 admitted to practice law in this state for the provision of 166 19 legal services to indigent persons, including but not limited 166 20 to contracts authorized under section 815.15. 166 21 Sec. 169. Section 85.66, Code 2003, is amended to read as 166 22 follows: 166 23 85.66 SECOND INJURY FUND – CREATION – CUSTODIAN. 166 24 The "Second Injury Fund" is hereby established under the 166 25 custody of the treasurer of state and shall consist of 166 26 payments to the fund as provided by this division and any 166 27 accumulated interest and earnings on moneys in the second 166 28 injury fund. The treasurer of state is charged with the 166 29 conservation of the assets of the second injury fund. Moneys 166 30 collected in the "Second Injury Fund" shall be disbursed only 166 31 for the purposes stated in this division, and shall not at any 166 32 time be appropriated or diverted to any other use or purpose. 166 33 The treasurer of state shall invest any surplus moneys of the 166 34 fund in securities which constitute legal investments for 166 35 state funds under the laws of this state, and may sell any of 167 1 the securities in which the fund is invested, if necessary, 167 2 for the proper administration or in the best interests of the 167 3 fund. Disbursements from the fund shall be paid by the 167 4 treasurer of state only upon the written order of the workers' 167 5 compensation commissioner. The attorney general shall be 167 6 reimbursed up to fifty thousand dollars annually from the fund 167 7 for services provided related to the fund. The treasurer of 167 8 state shall quarterly prepare a statement of the fund, setting 167 9 forth the balance of moneys in the fund, the income of the 167 10 fund, specifying the source of all income, the payments out of 167 11 the fund, specifying the various items of payments, and 167 12 setting forth the balance of the fund remaining to its credit. 167 13 The statement shall be open to public inspection in the office 167 14 of the treasurer of state. 167 15 Sec. 170. Section 85.67, Code 2003, is amended to read as 167 16 follows: 167 17 85.67 ADMINISTRATION OF FUND – SPECIAL COUNSEL – PAYMENT 167 18 OF AWARD. 167 19 The attorney general shall appoint a staff member to 167 20 represent the treasurer of state and the fund in all 167 21 proceedings and matters arising under this division. The 167 22 attorney general shall be reimbursed up to fifty thousand 167 23 dollars annually from the fund for services provided related 167 24 to the fund. The commissioner of insurance shall consider the 167 25 reimbursement to the attorney general as an outstanding 167 26 liability when making a determination of funding availability 167 27 under section 85.65A, subsection 2. In making an award under 167 28 this division, the workers' compensation commissioner shall 167 29 specifically find the amount the injured employee shall be 167 30 paid weekly, the number of weeks of compensation which shall 167 31 be paid by the employer, the date upon which payments out of 167 32 the fund shall begin, and, if possible, the length of time the 167 33 payments shall continue. 167 34 Sec. 171. Section 602.8107, subsection 4, unnumbered 167 35 paragraph 1, Code Supplement 2003, is amended to read as 168 1 follows: 168 2 All fines, penalties, court costs, fees, surcharges, and 168 3 restitution for court-appointed attorney fees or for expenses 168 4 of a public defender which are deemed delinquent by the clerk 168 5 pursuant to subsection 3 may be collected by the county 168 6 attorney or the county attorney's designee. Thirty-five 168 7 percent of the amounts collected by the county attorney or the 168 8 person procured or designated by the county attorney shall be 168 9 deposited in the general fund of the county if the county 168 10 attorney has filed the notice required in section 331.756, 168 11 subsection 5, unless the county attorney has discontinued 168 12 collection efforts on a particular delinquent amount.TheUp 168 13 to one million two hundred thousand dollars of the remainder 168 14 shall be paid each fiscal year to theclerkclerks for 168 15 distribution under section 602.8108. If the threshold amount 168 16 of one million two hundred thousand dollars has been 168 17 distributed under section 602.8108, the remainder shall be 168 18 distributed as provided in subsection 4A. The state court 168 19 administrator shall notify the clerks that the threshold 168 20 amount has been distributed under section 602.8108, and that 168 21 the distribution of any additional moneys collected by the 168 22 county attorney shall be as provided in subsection 4A. 168 23 Sec. 172. Section 602.8107, Code Supplement 2003, is 168 24 amended by adding the following new subsection: 168 25 NEW SUBSECTION. 4A. After the threshold amount has been 168 26 distributed under section 602.8108 as provided in subsection 168 27 4, thirty-five percent of any additional moneys collected by 168 28 the county attorney or the person procured or designated by 168 29 the county attorney shall be deposited in the general fund of 168 30 the county, and thirty-three percent of any additional moneys 168 31 collected by the county attorney or the person procured or 168 32 designated by the county attorney shall be deposited with the 168 33 office of the county attorney. The remainder shall be paid to 168 34 the clerk for distribution under section 602.8108. 168 35 Sec. 173. Section 815.9, subsection 1, paragraphs a and b, 169 1 Code 2003, are amended to read as follows: 169 2 a. A person is entitled to an attorney appointed by the 169 3 court to represent the person if the person has an income 169 4 level at or below one hundredtwenty-fivepercent of the 169 5 United States poverty level as defined by the most recently 169 6 revised poverty income guidelines published by the United 169 7 States department of health and human services, unless the 169 8 court determines that the person is able to pay for the cost 169 9 of an attorney to represent the person on the pending case. 169 10 In making the determination of a person's ability to pay for 169 11 the cost of an attorney, the court shall consider not only the 169 12 person's income, but also the availability of any assets 169 13 subject to execution, including but not limited to cash, 169 14 stocks, bonds, and any other property which may be applied to 169 15 the satisfaction of judgments, and the seriousness of the 169 16 charge or nature of the case. 169 17 b. A person with an income level greater than one hundred 169 18twenty-five percent, but at or below two hundredpercent,of 169 19 the most recently revised poverty income guidelines published 169 20 by the United States department of health and human services 169 21 shall not be entitled to an attorney appointed by the court, 169 22 unless the court makes a written finding that not appointing 169 23 counsel on the pending case would cause the person substantial 169 24 hardship. In determining whether substantial hardship would 169 25 result, the court shall consider not only the person's income, 169 26 but also the availability of any assets subject to execution, 169 27 including but not limited to cash, stocks, bonds, and any 169 28 other property which may be applied to the satisfaction of 169 29 judgments, and the seriousness of the charge or nature of the 169 30 case. 169 31 Sec. 174. NEW SECTION. 815.15 PREDETERMINED FEE. 169 32 The state public defender may enter into a contract with a 169 33 private attorney that establishes a predetermined fee for 169 34 representing an indigent person in selected cases. The state 169 35 public defender may also enter into a contract with a private 170 1 attorney that establishes a monthly fee for representing 170 2 indigent persons in selected cases in specified locations. 170 3 The state public defender may designate that the private 170 4 attorneys entering into a contract pursuant to this section be 170 5 appointed to cases in the same manner as the local public 170 6 defender office pursuant to section 13B.4. The office of the 170 7 state public defender shall file a report with the 170 8 cochairpersons and ranking members of the joint appropriations 170 9 subcommittee on the justice system and the legislative 170 10 services agency by December 15 of each year. The report shall 170 11 specify the number of contracts entered into pursuant to this 170 12 section, the types of cases covered under the agreements, and 170 13 projected cost savings. 170 14 Sec. 175. NEW SECTION. 904.118 IOWA CORRECTIONS OFFENDER 170 15 NETWORK – FUND. 170 16 An Iowa corrections offender network fund is established 170 17 under the control of the department. All sales, gifts, and 170 18 donations related to the Iowa offender network data system 170 19 shall be credited to the fund and the moneys in the fund are 170 20 appropriated to the department to be used for further 170 21 development and general maintenance of the Iowa corrections 170 22 offender network data system. Notwithstanding section 8.33, 170 23 moneys credited to the fund shall not revert to any other 170 24 fund. Notwithstanding section 12C.7, subsection 2, interest 170 25 or earnings on moneys deposited in the fund shall be credited 170 26 to the fund. 170 27 Sec. 176. Section 904.809, subsection 5, paragraph c, Code 170 28 2003, is amended by adding the following new subparagraph: 170 29 NEW SUBPARAGRAPH. (2A) The department may retain up to 170 30 fifty percent of any remaining balance after deductions made 170 31 under subparagraphs (1) and (2) if the remaining balance is 170 32 from an inmate employed in a new job created on or after July 170 33 1, 2004. The funds shall be used to staff supervision costs 170 34 of private sector employment of inmates at correctional 170 35 institutions. Funds retained pursuant to this subparagraph 171 1 shall not be used for administrative costs of the Iowa state 171 2 industries. 171 3 Sec. 177. Section 904.809, subsection 5, paragraph c, 171 4 subparagraph (3), Code 2003, is amended to read as follows: 171 5 (3) Any balance remaining after the deductions made under 171 6 subparagraphs (1),and(2), and (2A) shall represent the costs 171 7 of the inmate's incarceration and shall be deposited,171 8effective July 1, 2000,in the general fund of the state. 171 9 Sec. 178. Section 907.9, subsections 1, 2, and 4, Code 171 10 Supplement 2003, are amended to read as follows: 171 11 1. At any time that the court determines that the purposes 171 12 of probation have been fulfilled andtheany fees imposed 171 13 undersectionsections 815.9 and 905.14 have been paidor on171 14condition that unpaid supervision fees be paid, the court may 171 15 order the discharge of a person from probation. 171 16 2. At any time that a probation officer determines that 171 17 the purposes of probation have been fulfilled andtheany fees 171 18 imposed undersectionsections 815.9 and 905.14 have been paid 171 19or on condition that unpaid supervision fees be paid, the 171 20 officer may order the discharge of a person from probation 171 21 after approval of the district director and notification of 171 22 the sentencing court and the county attorney who prosecuted 171 23 the case. 171 24 4. At the expiration of the period of probation and if the 171 25 fees imposed undersectionsections 815.9 and 905.14 have been 171 26 paid or on condition that unpaid supervision fees be paid, the 171 27 court shall order the discharge of the person from probation, 171 28 and the court shall forward to the governor a recommendation 171 29 for or against restoration of citizenship rights to that 171 30 person. A person who has been discharged from probation shall 171 31 no longer be held to answer for the person's offense. Upon 171 32 discharge from probation, if judgment has been deferred under 171 33 section 907.3, the court's criminal record with reference to 171 34 the deferred judgment shall be expunged. The record 171 35 maintained by the state court administrator as required by 172 1 section 907.4 shall not be expunged. The court's record shall 172 2 not be expunged in any other circumstances. 172 3 Sec. 179. 1998 Iowa Acts, chapter 1101, section 15, 172 4 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 172 5 section 25, as amended by 2000 Iowa Acts, chapter 1229, 172 6 section 25, as amended by 2001 Iowa Acts, chapter 186, section 172 7 21, as amended by 2002 Iowa Acts, Second Extraordinary 172 8 Session, chapter 1003, section 170, and as amended by 2003 172 9 Iowa Acts, chapter 174, section 17, is amended to read as 172 10 follows: 172 11 2. a. There is appropriated from surcharge moneys 172 12 received by the E911 administrator and deposited into the 172 13 wireless E911 emergency communications fund, for each fiscal 172 14 year in the fiscal period beginning July 1, 1998, and ending 172 15 June 30,20042005, an amount not to exceed two hundred 172 16 thousand dollars to be used for the implementation, support, 172 17 and maintenance of the functions of the E911 administrator. 172 18 The amount appropriated in this paragraph includes any amounts 172 19 necessary to reimburse the division of emergency management of 172 20 the department of public defense pursuant to paragraph "b". 172 21 b. Notwithstanding the distribution formula in section 172 22 34A.7A, as enacted in this Act, and prior to any such 172 23 distribution, of the initial surcharge moneys received by the 172 24 E911 administrator and deposited into the wireless E911 172 25 emergency communications fund, for each fiscal year in the 172 26 fiscal period beginning July 1, 1998, and ending June 30,2004172 27 2005, an amount is appropriated to the division of emergency 172 28 management of the department of public defense as necessary to 172 29 reimburse the division for amounts expended for the 172 30 implementation, support, and maintenance of the E911 172 31 administrator, including the E911 administrator's salary. 172 32 Sec. 180. IOWA LAW ENFORCEMENT ACADEMY – FEES. 172 33 Notwithstanding section 80B.11B, the Iowa law enforcement 172 34 academy may charge more than one-half the cost of providing 172 35 the basic training course if a majority of the Iowa law 173 1 enforcement academy council authorizes charging more than one- 173 2 half of the cost of providing basic training. This section is 173 3 repealed on June 30, 2005. 173 4 Sec. 181. EFFECTIVE DATE. The provisions of this division 173 5 of this Act amending sections 85.66, 85.67, and 904.118, and 173 6 1998 Iowa Acts, chapter 1101, being deemed of immediate 173 7 importance, take effect upon enactment. 173 8 DIVISION X 173 9 STANDING APPROPRIATIONS, SALARIES, 173 10 AND MISCELLANEOUS PROVISIONS 173 11 Sec. 182. GENERAL ASSEMBLY. The appropriations made 173 12 pursuant to section 2.12 for the expenses of the general 173 13 assembly and legislative agencies for the fiscal year 173 14 beginning July 1, 2004, and ending June 30, 2005, are reduced 173 15 by the following amount: 173 16 .................................................. $ 2,000,000 173 17 Sec. 183. Notwithstanding the standing appropriations in 173 18 the following designated sections for the fiscal year 173 19 beginning July 1, 2004, and ending June 30, 2005, the amounts 173 20 appropriated from the general fund of the state pursuant to 173 21 those sections for the following designated purposes shall not 173 22 exceed the following amounts: 173 23 1. For compensation of officers and enlisted persons and 173 24 their expenses while on state active duty as authorized in 173 25 section 29A.27: 173 26 .................................................. $ 421,639 173 27 2. For payment for nonpublic school transportation under 173 28 section 285.2: 173 29 .................................................. $ 7,955,541 173 30 If total approved claims for reimbursement for nonpublic 173 31 school pupil transportation claims exceed the amount 173 32 appropriated in this section, the department of education 173 33 shall prorate the amount of each claim. 173 34 3. For printing cigarette tax stamps under section 453A.7: 173 35 .................................................. $ 107,304 174 1 4. For the state's share of the cost of the peace 174 2 officers' retirement benefits under section 411.20: 174 3 .................................................. $ 2,745,784 174 4 5. For payment of livestock production credit refunds 174 5 under section 422.121: 174 6 .................................................. $ 1,770,342 174 7 6. For instructional support state aid under section 174 8 257.20: 174 9 .................................................. $ 14,428,271 174 10 7. For at-risk children programs under section 279.51, 174 11 subsection 1: 174 12 .................................................. $ 11,271,000 174 13 The amount of any reduction in this subsection shall be 174 14 prorated among the programs specified in section 279.51, 174 15 subsection 1, paragraphs "a", "b", and "c". 174 16 8. For paying claims against the state under section 25.2: 174 17 .................................................. $ 4,387,500 174 18 9. For administration expenses of the state unemployment 174 19 compensation law under chapter 96: 174 20 .................................................. $ 438,750 174 21 10. For payment of certain interest costs due the federal 174 22 government under the federal Cash Management and Improvement 174 23 Act under section 421.31: 174 24 .................................................. $ 536,250 174 25 11. For funding the state's deferred compensation program 174 26 established for state employees under section 509A.12: 174 27 .................................................. $ 55,088 174 28 12. For the educational excellence program under section 174 29 294A.25, subsection 1: 174 30 .................................................. $ 55,469,053 174 31 Sec. 184. HELP US STOP HUNGER. There is appropriated from 174 32 the general fund of the state of the department of natural 174 33 resources for the fiscal year beginning July 1, 2004, and 174 34 ending June 30, 2005, the following amount, or so much thereof 174 35 as is necessary, to be used as follows: 175 1 To expand the help us stop hunger pilot project: 175 2 .................................................. $ 17,000 175 3 Sec. 185. Section 256.7, Code Supplement 2003, is amended 175 4 by adding the following new subsection: 175 5 NEW SUBSECTION. 26. Adopt rules directing the school 175 6 districts and area education agencies to submit annually data 175 7 from the most recent school year detailing contract settlement 175 8 increases for salaries and group health insurance plans 175 9 provided under collective bargaining agreements negotiated 175 10 pursuant to chapter 20. The department shall compile the data 175 11 in a report to be submitted by January 15 of each year to the 175 12 chairpersons and ranking members of the house and senate 175 13 standing committees on education and appropriations and of the 175 14 joint appropriations subcommittee on education. 175 15 Sec. 186. Section 256D.4, subsection 2, Code Supplement 175 16 2003, is amended to read as follows: 175 17 2. Moneys appropriated pursuant to section 256D.5, 175 18 subsection34, shall be allocated to school districts as 175 19 follows: 175 20 a. Allocation of the sum oftwentynineteen million five 175 21 hundred thousand dollars shall be based upon the proportion 175 22 that the kindergarten through grade three enrollment of a 175 23 district bears to the sum of the kindergarten through grade 175 24 three enrollments of all school districts in the state as 175 25 reported for the base year. 175 26 b. Allocation of the sum oftennine million seven hundred 175 27 fifty thousand dollars shall be based upon the proportion that 175 28 the number of children who are eligible for free or reduced 175 29 price meals under the federal National School Lunch Act and 175 30 the federal Child Nutrition Act of 1966, 42 U.S.C. } 1751- 175 31 1785, in grades one through three of a school district bears 175 32 to the sum of the number of children who are eligible for free 175 33 or reduced price meals under the federal National School Lunch 175 34 Act and the federal Child Nutrition Act of 1966, 42 U.S.C. } 175 35 1751-1785, in grades one through three in all school districts 176 1 in the state for the base year. 176 2 Sec. 187. Section 256D.5, Code Supplement 2003, is amended 176 3 by adding the following new subsection: 176 4 NEW SUBSECTION. 4. For the fiscal year beginning July 1, 176 5 2004, and ending June 30, 2005, the sum of twenty-nine million 176 6 two hundred fifty thousand dollars. 176 7 Sec. 188. Section 256D.9, Code Supplement 2003, is amended 176 8 to read as follows: 176 9 256D.9 FUTURE REPEAL. 176 10 This chapter is repealed effective July 1,20042005. 176 11 Sec. 189. Section 257.8, subsection 1, Code Supplement 176 12 2003, is amended to read as follows: 176 13 1. STATE PERCENT OF GROWTH.The state percent of growth176 14for the budget year beginning July 1, 2003, is two percent.176 15 The state percent of growth for the budget year beginning July 176 16 1, 2004, is two percent. The state percent of growth for the 176 17 budget year beginning July 1, 2005, and each subsequent budget 176 18 year shall be established by statute which shall be enacted 176 19 within thirty days of the submission inthe year precedingthe 176 20 base year of the governor's budget under section 8.21. The 176 21 establishment of the state percent of growth for a budget year 176 22 shall be the only subject matter of the bill which enacts the 176 23 state percent of growth for a budget year. 176 24 Sec. 190. Section 257.14, subsection 3, unnumbered 176 25 paragraph 1, Code 2003, is amended to read as follows: 176 26 For the budget year commencing July 1, 2004, and succeeding 176 27 budget years,if the department of management determines that176 28the regular program district cost of a school district for a176 29budget year is less than one hundred one percent of the176 30regular program district cost for the base year for that176 31school district,a district shall be eligible for a budget 176 32 adjustment corresponding to the following schedule: 176 33 Sec. 191. Section 257.16, Code 2003, is amended by adding 176 34 the following new subsection: 176 35 NEW SUBSECTION. 5. a. Notwithstanding subsection 1, the 177 1 amount appropriated from the general fund of the state for 177 2 state foundation and supplementary aid for the fiscal year 177 3 beginning July 1, 2004, and ending June 30, 2005, shall be the 177 4 sum of one billion eight hundred eighty-one million six 177 5 hundred eighty-eight thousand six hundred twenty-eight 177 6 dollars. Of the amount appropriated pursuant to this 177 7 paragraph, ten million dollars shall be used by school 177 8 districts to assist with the purchase of public school 177 9 textbooks and supplies. The amount allocated shall be 177 10 distributed to school districts on a per pupil basis, and 177 11 shall be used exclusively for textbook and supply acquisition 177 12 for public schools. If any portion of the moneys received by 177 13 a school district for textbook and supply acquisition remains 177 14 unexpended at the end of the budget year, the remainder shall 177 15 be carried over to the subsequent budget year and added to the 177 16 school district's textbook and supply acquisition budget for 177 17 that year. 177 18 b. If the amount appropriated in this subsection is less 177 19 than the amount otherwise required pursuant to subsection 1, 177 20 the difference shall be deducted from the payments that 177 21 otherwise would have been required to be made to each school 177 22 district in the same ratio that the budget enrollment of the 177 23 school district for the budget year bears to the total budget 177 24 enrollment in the state for that budget year. 177 25 Sec. 192. Section 257.35, Code Supplement 2003, is amended 177 26 by adding the following new subsections: 177 27 NEW SUBSECTION. 4. Notwithstanding subsection 1, and in 177 28 addition to the reduction applicable pursuant to subsection 2, 177 29 the state aid for area education agencies and the portion of 177 30 the combined district cost calculated for these agencies for 177 31 the fiscal year beginning July 1, 2004, shall be reduced by 177 32 the department of management by eleven million seven hundred 177 33 ninety-eight thousand seven hundred three dollars. The 177 34 reduction for each area education agency shall be equal to the 177 35 reduction that the agency received in the fiscal year 178 1 beginning July 1, 2003. 178 2 NEW SUBSECTION. 5. Notwithstanding section 257.37, an 178 3 area education agency may use the funds determined to be 178 4 available under this section in a manner which the area 178 5 education agency determines is appropriate to best maintain 178 6 the level of required area education agency special education 178 7 services. An area education agency may also use unreserved 178 8 fund balances for media services or education services in a 178 9 manner which the area education agency determines is 178 10 appropriate to best maintain the level of required area 178 11 education agency special education services. 178 12 Sec. 193. Section 273.3, Code 2003, is amended by adding 178 13 the following new subsection: 178 14 NEW SUBSECTION. 23. Submit annually data from the most 178 15 recent school year to the department of education detailing 178 16 contract settlement increases for salaries and group health 178 17 insurance plans provided under collective bargaining 178 18 agreements negotiated pursuant to chapter 20. 178 19 Sec. 194. Section 279.12, unnumbered paragraph 1, Code 178 20 Supplement 2003, is amended to read as follows: 178 21 The board shall carry into effect any instruction from the 178 22 regular election upon matters within the control of the 178 23 voters, and shall elect all teachers and make all contracts 178 24 necessary or proper for exercising the powers granted and 178 25 performing the duties required by law, and may establish and 178 26 pay all or any part thereof from school district funds the 178 27 cost of group health insurance plans, nonprofit group hospital 178 28 service plans, nonprofit group medical service plans and group 178 29 life insurance plans adopted by the board for the benefit of 178 30 employees of the school district, but the board may authorize 178 31 any subdirector to employ teachers for the school in the 178 32 subdirector's subdistrict; but no such employment by a 178 33 subdirector shall authorize a contract, the entire period of 178 34 which is wholly beyond the subdirector's term of office. The 178 35 board shall submit annually data from the most recent school 179 1 year to the department of education detailing contract 179 2 settlement increases for salaries and group health insurance 179 3 plans provided under collective bargaining agreements 179 4 negotiated pursuant to chapter 20. 179 5 Sec. 195. Section 280.14, Code Supplement 2003, is amended 179 6 by adding the following new subsection: 179 7 NEW SUBSECTION. 3. The board of directors of each school 179 8 district shall annually review school district expenditures 179 9 and identify and examine potential cost savings that can be 179 10 achieved in the delivery of administrative services and other 179 11 costs involved in the operation of the school district, 179 12 including but not limited to health insurance, maintenance of 179 13 facilities and buses, the acquisition of and distribution of 179 14 materials and supplies used by the school district, and the 179 15 delivery of transportation, human resource and financial 179 16 services, computer support services, and data management. The 179 17 school district shall consider cost saving partnership 179 18 opportunities with other school districts, area education 179 19 agencies, community colleges, libraries, cities, counties, or 179 20 other public or private entities. The results of the study 179 21 shall be presented to the public at a regularly scheduled 179 22 board meeting. The school district shall annually report the 179 23 cost savings to the department of education in a manner 179 24 prescribed by the department. The department shall annually 179 25 compile the information submitted by the school districts in a 179 26 report which the department shall submit to the general 179 27 assembly by December 31. 179 28 Sec. 196. Section 346.27, subsection 10, unnumbered 179 29 paragraph 1, Code Supplement 2003, is amended to read as 179 30 follows: 179 31 After the incorporation of an authority, and before the 179 32 sale of any issue of revenue bonds, except refunding bonds, 179 33 the authority shall call an election to decide the question of 179 34 whether the authority shall issue and sell revenue bonds. The 179 35 ballot shall state the amount of the bonds and the purposes 180 1 for which the authority is incorporated.Registered voters of180 2the city and the unincorporated areaAll registered voters of 180 3 the county shall be entitled to vote on the question. The 180 4 question may be submitted at a general election or at a 180 5 special election. An affirmative vote of a majority of the 180 6 votes cast on the question is required to authorize the 180 7 issuance and sale of revenue bonds. 180 8 Sec. 197. Section 346.27, subsection 25, unnumbered 180 9 paragraph 2, Code Supplement 2003, is amended to read as 180 10 follows: 180 11 The question of whether a conveyance shall be made shall be 180 12 submitted to the registered voters of thecity and the180 13unincorporated area of thecounty. An affirmative vote equal 180 14 to at least a majority of the total votes cast on the question 180 15 shall be required to authorize the conveyance. If the 180 16 question does not carry, the authority shall continue to 180 17 operate, maintain, and manage the building under a lease 180 18 arrangement with the incorporating units. 180 19 Sec. 198. Section 372.13, subsection 10, Code 2003, is 180 20 amended to read as follows: 180 21 10. A council member, during the term for which that 180 22 member is elected, is not precluded from holding the office of 180 23 chief of the volunteer fire department if the fire department 180 24 serves an area with a population of not more than two 180 25 thousand, and if no other candidate who is not a city council180 26member is available to hold the office of chief of the180 27volunteer fire department. A person holding the office of 180 28 chief of such a volunteer fire department at the time of the 180 29 person's election to the city council may continue to hold the 180 30 office of chief of the fire department during the city council 180 31 term for which that person was elected. 180 32 Sec. 199. Section 422E.1, subsection 2, Code Supplement 180 33 2003, is amended to read as follows: 180 34 2. The maximum rate of tax shall be one percent. The tax 180 35 shall be imposed without regard to any other local sales and 181 1 services tax authorized in chapter 422B, and is repealed at 181 2 the expiration of a period of ten years of imposition or a 181 3 shorter period as provided in the ballot proposition. However, 181 4 all local option sales and services taxes for school 181 5 infrastructure purposes are repealed December 31, 2022. The 181 6 term of bonds issued pursuant to section 422E.4 shall not 181 7 exceed ten years, except in the case of bonds issued by a 181 8 school district located in a county that approved the 181 9 imposition of the tax at an election held on June 17, 2003. 181 10 Sec. 200. Section 422E.2, subsection 4, paragraph a, Code 181 11 Supplement 2003, is amended to read as follows: 181 12 a. Each school district located within the county may 181 13 submit a revenue purpose statement to the county commissioner 181 14 of elections no later than sixty days prior to the election 181 15 indicating the specific purpose or purposes for which the 181 16 local sales and services tax for school infrastructure revenue 181 17 and supplemental school infrastructure amount revenue will be 181 18 expended. The revenues received pursuant to this chapter 181 19 shall be expended for the purposes indicated in the revenue 181 20 purpose statement. The revenue purpose statement may include 181 21 information regarding the school district's use of the 181 22 revenues to provide for property tax relief or debt reduction. 181 23 A copy of the revenue purpose statement shall be made 181 24 available for public inspection in accordance with chapter 22, 181 25 shall be posted at the appropriate polling places of each 181 26 school district during the hours that the polls are open, and 181 27 be published in a newspaper of general circulation in the 181 28 school district no sooner than twenty days and no later than 181 29 ten days prior to the election. Notwithstanding the 181 30 requirements for a revenue purpose statement in this 181 31 paragraph, for elections occurring after April 1, 2003, but 181 32 before August 1, 2003, a revenue purpose statement submitted 181 33 not later than April 1, 2004, shall be considered to have met 181 34 the requirements of this paragraph. 181 35 Sec. 201. Section 422E.4, unnumbered paragraph 1, Code 182 1 Supplement 2003, is amended to read as follows: 182 2 The board of directors of a school district shall be 182 3 authorized to issue negotiable, interest-bearing school bonds, 182 4 without election, and utilize tax receipts derived from the 182 5 sales and services tax for school infrastructure purposes and 182 6 the supplemental school infrastructure amount distributed 182 7 pursuant to section 422E.3A, subsection 2, paragraph "b", for 182 8 principal and interest repayment. Proceeds of the bonds 182 9 issued pursuant to this section shall be utilized solely for 182 10 school infrastructure needs as school infrastructure is 182 11 defined in section 422E.1, subsection 3.Issuance of bonds182 12pursuant to this section shall be permitted only in a district182 13which has imposed a local sales and services tax for school182 14infrastructure purposes pursuant to section 422E.2. The182 15provisions of sections 298.22 through 298.24 shall apply182 16regarding the form, rate of interest, registration,182 17redemption, and recording of bond issues pursuant to this182 18section, with the exception that the maximum period during182 19which principal on the bonds is payable shall not exceed the182 20date of repeal stated on the ballot proposition.Bonds issued 182 21 under this section may be sold at public or private sale as 182 22 provided in chapter 75 without notice and hearing as provided 182 23 in section 73A.l2. Bonds may bear dates, bear interest at 182 24 rates not exceeding that permitted by chapter 74A, mature in 182 25 one or more installments, be in registered form, carry 182 26 registration and conversion privileges, be payable as to 182 27 principal and interest at times and places, be subject to 182 28 terms of redemption prior to maturity with or without premium, 182 29 and be in one or more denominations, all as provided by the 182 30 resolution of the board of directors authorizing their 182 31 issuance. The resolution may also prescribe additional 182 32 provisions, terms, conditions, and covenants which the board 182 33 of directors deems advisable, including provisions for 182 34 creating and maintaining reserve funds, the issuance of 182 35 additional bonds ranking on a parity with such bonds and 183 1 additional bonds junior and subordinate to such bonds, and 183 2 that such bonds shall rank on a parity with or be junior and 183 3 subordinate to any bonds which may be then outstanding. Bonds 183 4 may be issued to refund outstanding and previously issued 183 5 bonds under this section. Local option sales and services tax 183 6 revenue bonds are a contract between the school district and 183 7 holders, and the resolution issuing the bonds and pledging 183 8 local option sales and services tax revenues to the payment of 183 9 principal and interest on the bonds is a part of the contract. 183 10 Bonds issued pursuant to this section shall not constitute 183 11 indebtedness within the meaning of any constitutional or 183 12 statutory debt limitation or restriction, and shall not be 183 13 subject to any other law relating to the authorization, 183 14 issuance, or sale of bonds. 183 15 Sec. 202. Section 425.1, subsection 1, unnumbered 183 16 paragraph 1, Code Supplement 2003, is amended to read as 183 17 follows: 183 18 A homestead credit fund is created.There is appropriated183 19annually from the general fund of the stateNotwithstanding 183 20 any conflicting provisions of section 8.56, there is 183 21 appropriated for the fiscal year beginning July 1, 2004, and 183 22 ending June 30, 2005, from the cash reserve fund created in 183 23 section 8.56 to the department of revenue to be credited to 183 24 the homestead credit fund, an amountsufficientequal to one 183 25 hundred two million nine hundred forty-five thousand three 183 26 hundred seventy-nine dollars to implement this chapter. 183 27 Sec. 203. Section 425.19, Code 2003, is amended to read as 183 28 follows: 183 29 425.19 CLAIM AND CREDIT OR REIMBURSEMENT. 183 30 Subject to the limitations provided in this division, a 183 31 claimant may annually claim a credit for property taxes due 183 32 during the fiscal year next following the base year or claim a 183 33 reimbursement for rent constituting property taxes paid in the 183 34 base year. The amount of the credit for property taxes due 183 35 for a homestead shall be paid on June 15 of each year by the 184 1 director to the county treasurer who shall credit the money 184 2 received against the amount of the property taxes due and 184 3 payable on the homestead of the claimant and the amount of the 184 4 reimbursement for rent constituting property taxes paid shall 184 5 be paid to the claimantfromby the stategeneral fundon or 184 6 before December 31of each yearunless otherwise provided. 184 7 Sec. 204. Section 425.23, subsection 3, paragraph a, Code 184 8 Supplement 2003, is amended to read as follows: 184 9 a. A person who is eligible to file a claim for credit for 184 10 property taxes due and who has a household income of eight 184 11 thousand five hundred dollars or less and who has an unpaid 184 12 special assessment levied against the homestead may file a 184 13 claim for a special assessment credit with the county 184 14 treasurer. The department shall provide to the respective 184 15 treasurers the forms necessary for the administration of this 184 16 subsection. The claim shall be filed not later than September 184 17 30 of each year. Upon the filing of the claim, interest for 184 18 late payment shall not accrue against the amount of the unpaid 184 19 special assessment due and payable. The claim filed by the 184 20 claimant constitutes a claim for credit of an amount equal to 184 21 the actual amount due upon the unpaid special assessment, plus 184 22 interest, payable during the fiscal year for which the claim 184 23 is filed against the homestead of the claimant. However, 184 24 where the claimant is an individual described in section 184 25 425.17, subsection 2, paragraph "b", and the tentative credit 184 26 is determined according to the schedule in subsection 1, 184 27 paragraph "b", subparagraph (2), of this section, the claim 184 28 filed constitutes a claim for credit of an amount equal to 184 29 one-half of the actual amount due and payable during the 184 30 fiscal year. The treasurer shall certify to the director of 184 31 revenue not later than October 15 of each year the total 184 32 amount of dollars due for claims allowed. The amount of 184 33 reimbursement due each county shall be paid by the director of 184 34 revenue by November 15 of each year, drawn upon warrants 184 35 payable to the respective treasurer.There is appropriated185 1annually from the general fund of the state to the department185 2of revenue an amount sufficient to carry out the provisions of185 3this subsection.The treasurer shall credit any moneys 185 4 received from the department against the amount of the unpaid 185 5 special assessment due and payable on the homestead of the 185 6 claimant. 185 7 Sec. 205. Section 425.39, Code Supplement 2003, is amended 185 8 to read as follows: 185 9 425.39 FUND CREATED – APPROPRIATION – PRIORITY. 185 10 The elderly and disabled property tax credit and 185 11 reimbursement fund is created.There is appropriated annually185 12from the general fund of the stateNotwithstanding any 185 13 conflicting provisions of section 8.56, there is appropriated 185 14 for the fiscal year beginning July 1, 2004, and ending June 185 15 30, 2005, from the cash reserve fund created in section 8.56 185 16 to the department of revenue to be credited to the elderly and 185 17 disabled property tax credit and reimbursement fund, from185 18funds not otherwise appropriated,an amountsufficientequal 185 19 to nineteen million five hundred forty thousand dollars to 185 20 implement this division for claimants described in section 185 21 425.17, subsection 2, paragraph "a". If the sum of the amount 185 22 of claims for credit for property taxes due plus the amount of 185 23 claims for reimbursement for rent constituting property tax 185 24 paid which are to be paid during the fiscal year beginning 185 25 July 1, 2004, exceeds the amount appropriated in this section, 185 26 the director of revenue shall prorate the payments for the 185 27 property tax credit and for reimbursement for rent 185 28 constituting property tax paid. In order for the director to 185 29 carry out the requirements of this section, notwithstanding 185 30 any provision to the contrary in this chapter, claims for 185 31 reimbursement for rent constituting property taxes paid filed 185 32 before May 1, 2005, shall be eligible to be paid during the 185 33 fiscal year ending June 30, 2005, and those claims filed on or 185 34 after May 1, 2005, shall be eligible to be paid during the 185 35 fiscal year beginning July 1, 2005, and the director is not 186 1 required to make payments to counties for the property tax 186 2 credit before June 15, 2005. 186 3 Sec. 206. Section 425A.1, Code 2003, is amended to read as 186 4 follows: 186 5 425A.1 FAMILY FARM TAX CREDIT FUND. 186 6 The family farm tax credit fund is created in the office of 186 7 the treasurer of state. There shall be transferred annually 186 8 to the fund the first ten million dollars of the amount 186 9annuallyappropriated to the agricultural land credit fund, 186 10 provided in section 426.1.Any balance in the fund on June 30186 11shall revert to the general fund.186 12 Sec. 207. Section 426.1, Code 2003, is amended to read as 186 13 follows: 186 14 426.1 AGRICULTURAL LAND CREDIT FUND. 186 15 There is created as a permanent fund in the office of the 186 16 treasurer of state a fund to be known as the agricultural land 186 17 credit fund, and for the purpose of establishing and186 18maintaining this fund for each fiscal year there is186 19appropriated thereto from funds in the general fund not186 20otherwise appropriated the sum of thirty-nine million one186 21hundred thousand dollars. Notwithstanding any conflicting 186 22 provisions of section 8.56, there is appropriated for the 186 23 fiscal year beginning July 1, 2004, and ending June 30, 2005, 186 24 from the cash reserve fund created in section 8.56 to the 186 25 agricultural land credit fund the sum of thirty-four million 186 26 six hundred ten thousand one hundred eighty-three dollars of 186 27 which the first ten million dollars shall be transferred to 186 28 and deposited into the family farm tax credit fund created in 186 29 section 425A.1.Any balance in said fund on June 30 shall186 30revert to the general fund.186 31 Sec. 208. Section 426A.1A, Code 2003, is amended by 186 32 striking the section and inserting in lieu thereof the 186 33 following: 186 34 426A.1A APPROPRIATIONS. 186 35 Notwithstanding any conflicting provisions of section 8.56, 187 1 there is appropriated for the fiscal year beginning July 1, 187 2 2004, and ending June 30, 2005, from the cash reserve fund 187 3 created in section 8.56 to the department of revenue the sum 187 4 of two million five hundred sixty-eight thousand four hundred 187 5 two dollars to fund the credits provided under this chapter. 187 6 Sec. 209. Section 426A.4, Code Supplement 2003, is amended 187 7 to read as follows: 187 8 426A.4 CERTIFICATION BY DIRECTOR OF REVENUE. 187 9 Sums distributable from thegeneral fund of thestate shall 187 10 be allocated annually to the counties of the state. On 187 11 September 15 annually the director of revenue shall certify 187 12 and draw warrants to the treasurer of each county payable from 187 13 thegeneraldesignated fund of the state in the amount 187 14 claimed. Payments shall be made to the treasurer of each 187 15 county not later than September 30 of each year. 187 16 Sec. 210. Section 426A.6, Code Supplement 2003, is amended 187 17 to read as follows: 187 18 426A.6 SETTING ASIDE ALLOWANCE. 187 19 If the director of revenue determines that a claim for 187 20 military service tax exemption has been allowed by a board of 187 21 supervisors which is not justifiable under the law and not 187 22 substantiated by proper facts, the director may, at any time 187 23 within thirty-six months from July 1 of the year in which the 187 24 claim is allowed, set aside the allowance. Notice of the 187 25 disallowance shall be given to the county auditor of the 187 26 county in which the claim has been improperly granted and a 187 27 written notice of the disallowance shall also be addressed to 187 28 the claimant at the claimant's last known address. The 187 29 claimant or the board of supervisors may appeal to the state 187 30 board of tax review pursuant to section 421.1, subsection 4. 187 31 The claimant or the board of supervisors may seek judicial 187 32 review of the action of the state board of tax review in 187 33 accordance with chapter 17A. If a claim is disallowed by the 187 34 director of revenue and not appealed to the state board of tax 187 35 review or appealed to the state board of tax review and 188 1 thereafter upheld upon final resolution, including judicial 188 2 review, the credits allowed and paidfrom the general fund of188 3 by the state become a lien upon the property on which the 188 4 credit was originally granted, if still in the hands of the 188 5 claimant and not in the hands of a bona fide purchaser, the 188 6 amount so erroneously paid shall be collected by the county 188 7 treasurer in the same manner as other taxes, and the 188 8 collections shall be returned to the department of revenue and 188 9 credited to thegeneral fund of the statefund from which the 188 10 claim was paid. The director of revenue may institute legal 188 11 proceedings against a military service tax exemption claimant 188 12 for the collection of payments made on disallowed exemptions. 188 13 Sec. 211. Section 426A.8, unnumbered paragraphs 1 and 4, 188 14 Code Supplement 2003, are amended to read as follows: 188 15 If the amount of credit apportioned to any property 188 16 eligible to military service tax exemption under this chapter 188 17 in any year shall exceed the total tax, exclusive of any 188 18 special assessments levied against such property eligible for 188 19 military service tax exemption, then the excess shall be 188 20 remitted by the county treasurer to the department of revenue 188 21 to be redeposited in thegeneralfundof the statefrom which 188 22 the credit was paid and reallocated the following year by the 188 23 department. 188 24 The amount of the credit shall be allocated and paid from 188 25 the surplus redeposited in thegeneralfund of the state 188 26 provided for in the first paragraph of this section. 188 27 Sec. 212. Section 426A.9, Code Supplement 2003, is amended 188 28 to read as follows: 188 29 426A.9 ERRONEOUS CREDITS. 188 30 If any claim is allowed, and subsequently reversed on 188 31 appeal, any credit shall be void, and the amount of the credit 188 32 shall be charged against the property in question, and the 188 33 director of revenue, the county auditor and the county 188 34 treasurer shall correct their books and records. The amount 188 35 of the erroneous credit, when collected, shall be returned by 189 1 the county treasurer to thegeneralfund of the state from 189 2 which the credit was paid. 189 3 Sec. 213. Section 435.22, subsection 5, unnumbered 189 4 paragraph 6, Code Supplement 2003, is amended to read as 189 5 follows: 189 6There is appropriated annually from the general fund of the189 7stateThe appropriation made in section 425.39 shall be 189 8 available to the department of revenuean amount sufficientto 189 9 carry out this subsection. 189 10 Sec. 214. Section 455B.310, Code 2003, is amended by 189 11 adding the following new subsection: 189 12 NEW SUBSECTION. 10. Nonmetallic material processed by an 189 13 industrial shredder, and commonly referred to as shredder 189 14 fluff, which is disposed of as solid waste or otherwise used 189 15 by a sanitary landfill is exempt from the imposition of the 189 16 tonnage fee under this section. 189 17 Sec. 215. Section 668B.2, subsection 1, if enacted by 2004 189 18 Iowa Acts, House File 2440, section 2, is amended to read as 189 19 follows: 189 20 1. "Health care provider" means a physician as defined in 189 21 section 135.1, a licensed physician assistant as defined in 189 22 section 148C.1, a nurse, including an advanced registered 189 23 nurse practitioner, licensed pursuant to chapter 152, a 189 24 hospital as defined in section 135B.1, and a health care 189 25 facility as defined in section 135C.1. 189 26 Sec. 216. COLLECTIVE BARGAINING AGREEMENTS FUNDED – 189 27 GENERAL FUND. The various state departments, boards, 189 28 commissions, councils, and agencies, including the state board 189 29 of regents, for the fiscal year beginning July 1, 2004, and 189 30 ending June 30, 2005, shall provide from available sources pay 189 31 adjustments, expense reimbursements, and related benefits to 189 32 fully fund the following: 189 33 1. The collective bargaining agreement negotiated pursuant 189 34 to chapter 20 for employees in the blue collar bargaining 189 35 unit. 190 1 2. The collective bargaining agreement negotiated pursuant 190 2 to chapter 20 for employees in the public safety bargaining 190 3 unit. 190 4 3. The collective bargaining agreement negotiated pursuant 190 5 to chapter 20 for employees in the security bargaining unit. 190 6 4. The collective bargaining agreement negotiated pursuant 190 7 to chapter 20 for employees in the technical bargaining unit. 190 8 5. The collective bargaining agreement negotiated pursuant 190 9 to chapter 20 for employees in the professional fiscal and 190 10 staff bargaining unit. 190 11 6. The collective bargaining agreement negotiated pursuant 190 12 to chapter 20 for employees in the clerical bargaining unit. 190 13 7. The collective bargaining agreement negotiated pursuant 190 14 to chapter 20 for employees in the professional social 190 15 services bargaining unit. 190 16 8. The collective bargaining agreement negotiated pursuant 190 17 to chapter 20 for employees in the community-based corrections 190 18 bargaining unit. 190 19 9. The collective bargaining agreements negotiated 190 20 pursuant to chapter 20 for employees in the judicial branch of 190 21 government bargaining units. 190 22 10. The collective bargaining agreement negotiated 190 23 pursuant to chapter 20 for employees in the patient care 190 24 bargaining unit. 190 25 11. The collective bargaining agreement negotiated 190 26 pursuant to chapter 20 for employees in the science bargaining 190 27 unit. 190 28 12. The collective bargaining agreement negotiated 190 29 pursuant to chapter 20 for employees in the university of 190 30 northern Iowa faculty bargaining unit. 190 31 13. The collective bargaining agreement negotiated 190 32 pursuant to chapter 20 for employees in the state university 190 33 of Iowa graduate student bargaining unit. 190 34 14. The collective bargaining agreement negotiated 190 35 pursuant to chapter 20 for employees in the state university 191 1 of Iowa hospital and clinics tertiary health care bargaining 191 2 unit. 191 3 15. The annual pay adjustments, related benefits, and 191 4 expense reimbursements referred to in section 217 of this 191 5 division of this Act for employees not covered by a collective 191 6 bargaining agreement. 191 7 Sec. 217. NONCONTRACT STATE EMPLOYEES – GENERAL. 191 8 1. a. For the fiscal year beginning July 1, 2004, the 191 9 maximum salary levels of all pay plans provided for in section 191 10 8A.413, subsection 2, as they exist for the fiscal year ending 191 11 June 30, 2004, shall be increased by 2 percent for the pay 191 12 period beginning December 31, 2004, and any additional changes 191 13 in the pay plans shall be approved by the governor. 191 14 b. For the fiscal year beginning July 1, 2004, employees 191 15 may receive a step increase or the equivalent of a step 191 16 increase. 191 17 2. The pay plans for state employees who are exempt from 191 18 chapter 8A, Article 4, and who are included in the department 191 19 of administrative service's centralized payroll system shall 191 20 be increased in the same manner as provided in subsection 1, 191 21 and any additional changes in any executive branch pay plans 191 22 shall be approved by the governor. 191 23 3. This section does not apply to members of the general 191 24 assembly, board members, commission members, salaries of 191 25 persons set by the general assembly pursuant to this division 191 26 of this Act or set by the governor, employees designated under 191 27 section 8A.412, subsection 5, and employees covered by 581 IAC 191 28 4.6(3). 191 29 4. The pay plans for the bargaining eligible employees of 191 30 the state other than the employees of the state board of 191 31 regents shall be increased in the same manner as provided in 191 32 subsection 1, and any additional changes in such executive 191 33 branch pay plans shall be approved by the governor. As used 191 34 in this section, "bargaining eligible employee" means an 191 35 employee who is eligible to organize under chapter 20, but has 192 1 not done so. 192 2 5. The policies for implementation of this section shall 192 3 be approved by the governor. 192 4 Sec. 218. APPROPRIATIONS FROM ROAD FUNDS. 192 5 1. There is appropriated from the road use tax fund to the 192 6 salary adjustment fund for the fiscal year beginning July 1, 192 7 2004, and ending June 30, 2005, the following amount, or so 192 8 much thereof as may be necessary, to be used for the purpose 192 9 designated: 192 10 To supplement other funds appropriated by the general 192 11 assembly: 192 12 .................................................. $ 3,000,000 192 13 2. There is appropriated from the primary road fund to the 192 14 salary adjustment fund, for the fiscal year beginning July 1, 192 15 2004, and ending June 30, 2005, the following amount, or so 192 16 much thereof as may be necessary, to be used for the purpose 192 17 designated: 192 18 To supplement other funds appropriated by the general 192 19 assembly: 192 20 .................................................. $ 12,000,000 192 21 3. Except as otherwise provided in this division of this 192 22 Act, the amounts appropriated in subsections 1 and 2 shall be 192 23 used to fund the annual pay adjustments, expense 192 24 reimbursements, and related benefits for public employees as 192 25 provided in this division of this Act. 192 26 Sec. 219. SPECIAL FUNDS – AUTHORIZATION. To departmental 192 27 revolving, trust, or special funds, except for the primary 192 28 road fund or the road use tax fund, for which the general 192 29 assembly has established an operating budget, a supplemental 192 30 expenditure authorization is provided, unless otherwise 192 31 provided, in an amount necessary to fund salary adjustments as 192 32 otherwise provided in this division of this Act. 192 33 Sec. 220. FEDERAL FUNDS APPROPRIATED. All federal grants 192 34 to and the federal receipts of the agencies affected by this 192 35 division of this Act which are received and may be expended 193 1 for purposes of pay adjustments and related benefits as 193 2 covered in this division of this Act are appropriated for 193 3 those purposes and as set forth in the federal grants or 193 4 receipts. 193 5 Sec. 221. STATE TROOPER MEAL ALLOWANCE. The sworn peace 193 6 officers in the department of public safety who are not 193 7 covered by a collective bargaining agreement negotiated 193 8 pursuant to chapter 20 shall receive the same per diem meal 193 9 allowance as the sworn peace officers in the department of 193 10 public safety who are covered by a collective bargaining 193 11 agreement negotiated pursuant to chapter 20. 193 12 Sec. 222. 2001 Iowa Acts, chapter 174, section 1, 193 13 subsection 2, as amended by 2002 Iowa Acts, chapter 1174, 193 14 section 8, and 2003 Iowa Acts, chapter 179, section 38, is 193 15 amended to read as follows: 193 16 2. There is appropriated from the general fund of the 193 17 state to the endowment for Iowa's health account of the 193 18 tobacco settlement trust fund created in section 12E.12, for 193 19 the designated fiscal years, the following amounts, to be used 193 20 for the purposes specified in section 12E.12 for the endowment 193 21 for Iowa's health account: 193 22 FY 2001-2002 ..................................... $ 7,248,000 193 23 FY 2003-2004 ..................................... $ 0 193 24 FY 2004-2005 ..................................... $29,785,000193 25 0 193 26 FY 2005-2006 ..................................... $ 29,562,000 193 27 FY 2006-2007 ..................................... $ 17,773,000 193 28 Sec. 223. 2003 Iowa Acts, chapter 179, section 21, 193 29 unnumbered paragraph 5, is amended to read as follows: 193 30 Notwithstanding section 8.33, unencumbered or unobligated 193 31 funds remaining on June 30, 2003, from the appropriation made 193 32 in this section shall not revert but shall remain available to 193 33 be used for the purposes designatedin the following fiscal193 34yearuntil the end of the fiscal year beginning July 1, 2004. 193 35 Sec. 224. STATE BOARD OF REGENTS BONDING. 194 1 1. FINDINGS. The general assembly finds that: 194 2 a. Pursuant to section 262A.3, the state board of regents 194 3 prepared and within seven days after the convening of the 194 4 Eightieth General Assembly of the State of Iowa, Second 194 5 Session, submitted to the Eightieth General Assembly, Second 194 6 Session, for approval the proposed five-year building program 194 7 for each institution of higher learning under the jurisdiction 194 8 of the board, containing a list of the buildings and 194 9 facilities which the board deems necessary to further the 194 10 educational objectives of the institutions, together with an 194 11 estimate of the cost of each of the buildings and facilities 194 12 and an estimate of the maximum amount of revenue bonds which 194 13 the board expects to issue under chapter 262A to finance the 194 14 costs of the projects. 194 15 b. The projects contained in the capital improvement 194 16 program are deemed necessary for the proper performance of the 194 17 instructional, research, and service functions of the 194 18 institutions. 194 19 c. Section 262A.4 provides that the state board of 194 20 regents, after authorization by a constitutional majority of 194 21 each house of the general assembly and approval by the 194 22 governor, may undertake and carry out at the institutions of 194 23 higher learning under the jurisdiction of the board any 194 24 project as defined in chapter 262A. 194 25 d. Chapter 262A authorizes the state board of regents to 194 26 borrow moneys and to issue and sell negotiable revenue bonds 194 27 to pay all or any part of the cost of carrying out projects at 194 28 any institution payable solely from and secured by an 194 29 irrevocable pledge of a sufficient portion of the student fees 194 30 and charges and institutional income received by the 194 31 particular institution. 194 32 e. To further the educational objectives of the 194 33 institutions, the state board of regents requests 194 34 authorization to undertake and carry out certain projects at 194 35 this time and to finance their costs by borrowing moneys and 195 1 issuing negotiable bonds under chapter 262A in a total amount 195 2 as provided in this section, with the remaining costs of the 195 3 projects to be financed by appropriations or by federal or 195 4 other funds lawfully available. 195 5 2. APPROVAL – LIMITS. 195 6 a. The proposed five-year building program submitted by 195 7 the state board of regents for each institution of higher 195 8 learning under its jurisdiction is approved and no commitment 195 9 is implied or intended by approval to fund any portion of the 195 10 proposed five-year building program submitted by the state 195 11 board of regents beyond the portion that is financed and 195 12 approved by the Eightieth General Assembly, Second Session, 195 13 and the governor. 195 14 b. The maximum amount of bonds which the state board of 195 15 regents expects to issue under chapter 262A, unless additional 195 16 bonding is authorized, is set forth in this section, and this 195 17 plan of financing is approved. 195 18 3. PROJECTS. The state board of regents is authorized to 195 19 undertake, plan, construct, improve, repair, remodel, furnish, 195 20 and equip, and otherwise carry out the following projects at 195 21 the institutions of higher learning under the jurisdiction of 195 22 the board, and the general assembly authorizes the state board 195 23 of regents to borrow moneys and to issue and sell negotiable 195 24 revenue bonds in the amount of $120,000,000 in the manner 195 25 provided in sections 262A.5 and 262A.6 in order to pay all or 195 26 any part of the costs of carrying out the projects at the 195 27 institutions as follows: 195 28 a. Iowa state university of science and technology 195 29 For the veterinary teaching hospital – diagnostic lab, 195 30 Coover hall – information science, and for fire safety costs: 195 31 .................................................. $ 48,000,000 195 32 b. State university of Iowa 195 33 For the chemistry building renovation, phase II of the art 195 34 building renovation, and for fire safety costs: 195 35 .................................................. $ 50,000,000 196 1 c. University of northern Iowa 196 2 For the science buildings renovation project and for the 196 3 Russell hall renovation: 196 4 .................................................. $ 22,000,000 196 5 Total ............................................ $120,000,000 196 6 4. Notwithstanding the limitation established in 196 7 subsection 3, the amount of bonds issued as authorized in 196 8 subsection 3 may be exceeded by the amount the state board of 196 9 regents determines to be necessary to capitalize bond 196 10 reserves, interest during construction, and issuance costs. 196 11 Sec. 225. COMMERCIAL VEHICLE REGISTRATION FEES – REFUND. 196 12 Notwithstanding the provisions relating to the registration of 196 13 commercial vehicles, as defined in section 321.1, the 196 14 requirement of the return of the registration plate and 196 15 registration receipt to the state department of 196 16 transportation, and the time limit for applying for a refund, 196 17 any person that sold a commercial vehicle between January 1, 196 18 2002, and April 1, 2002, shall receive a refund of any 196 19 registration fees, penalties, or interest assessed related to 196 20 the registration of such vehicle for a registration year 196 21 beginning in the 2002 calendar year if all of the following 196 22 apply: 196 23 1. The person failed to register the commercial vehicle 196 24 for the registration year beginning in the 2002 calendar year. 196 25 2. The commercial vehicle was sold by the person to 196 26 another during the period beginning January 1, 2002, and 196 27 ending April 1, 2002, and the purchaser registered the vehicle 196 28 for all or part of the registration year beginning in the 2002 196 29 calendar year. 196 30 3. A claim for refund pursuant to this section is filed 196 31 with the state department of transportation after the 196 32 effective date of this section and prior to August 1, 2004. 196 33 Sec. 226. PERSONS WHO ARE UNINSURED OR UNDERINSURED – 196 34 ACCESS TO NECESSARY PRESCRIPTIONS DRUGS. 196 35 1. There is appropriated from the general fund of the 197 1 state to the Iowa department of public health for the fiscal 197 2 year beginning July 1, 2004, and ending June 30, 2005, the 197 3 following amount, or so much thereof as is necessary, to be 197 4 used for the purpose designated: 197 5 For efforts made in accordance with this section by the 197 6 bureau of health care access in partnership with private 197 7 foundations and businesses to improve access to necessary 197 8 prescription drugs for persons who are uninsured or 197 9 underinsured: 197 10 .................................................. $ 10,000 197 11 2. The bureau shall create a task force to assist the 197 12 bureau in efforts made for the purposes of this section. The 197 13 task force membership may include but is not limited to 197 14 representatives of the following: Iowa pharmacists, health 197 15 care providers, interested foundations or businesses, the 197 16 medical assistance program, organizations providing health 197 17 care services to persons who are uninsured or underinsured, 197 18 and others. 197 19 3. The bureau may initiate a pilot study to develop and 197 20 test access improvement assumptions and viability options. 197 21 The study may utilize a free clinic or other existing provider 197 22 of health care services to persons who are uninsured or 197 23 underinsured. 197 24 4. Moneys appropriated in this section may be used for 197 25 costs associated with implementation of the task force, pilot 197 26 study, or other effort made for the purposes of this section. 197 27 Private funding shall be combined with the moneys appropriated 197 28 in this section in implementing the efforts. The bureau shall 197 29 report to the governor and general assembly by December 15, 197 30 2004, concerning progress made and shall submit later reports 197 31 as requested by the governor and members of the general 197 32 assembly. 197 33 Sec. 227. Sections 25B.7 and 266.39D, Code Supplement 197 34 2003, are repealed. 197 35 Sec. 228. Section 266.31, Code 2003, is repealed. 198 1 Sec. 229. STATE PERCENT OF GROWTH DEADLINES AND 198 2 RESTRICTIONS – INAPPLICABILITY. The thirty-day deadline and 198 3 restrictions for the enactment of the state percent of growth 198 4 provided in section 257.8 do not apply to this Act. 198 5 Sec. 230. EFFECTIVE AND APPLICABILITY DATE PROVISIONS. 198 6 1. The sections of this division of this Act amending 198 7 sections 257.8, 257.16, and 257.35 are applicable for 198 8 computing state aid under the state school foundation program 198 9 for the school budget year beginning July 1, 2004. 198 10 2. The sections of this division of this Act amending 198 11 sections 257.14, 346.27, 422E.1, and 422E.2, being deemed of 198 12 immediate importance, take effect upon enactment. 198 13 3. The section relating to the refund for commercial 198 14 vehicle registration fees, penalties, and interest, being 198 15 deemed of immediate importance takes effect upon enactment. 198 16 EXPLANATION 198 17 ADMINISTRATION AND REGULATION. This division relates to 198 18 and appropriates moneys to various state departments, 198 19 agencies, and funds for the fiscal year beginning July 1, 198 20 2004, and ending June 30, 2005. 198 21 Appropriations are made to state departments and agencies 198 22 including the department of administrative services, auditor 198 23 of state, Iowa ethics and campaign disclosure board, 198 24 department of commerce, office of governor including the 198 25 lieutenant governor, Terrace Hill quarters and drug control 198 26 policy office, department of human rights, department of 198 27 inspections and appeals, department of management, Iowa public 198 28 employees' retirement system, secretary of state, treasurer of 198 29 state, and department of revenue. 198 30 Funding is also appropriated for the state's membership in 198 31 the national governors association and for the ready to work 198 32 program coordinator. 198 33 Code section 7J.1, concerning charter agencies, is amended 198 34 by adding a new subsection that allows a charter agency to 198 35 approve claims for expenses in attending conventions, out-of- 199 1 state travel requests, and memberships in professional 199 2 organizations without being required to obtain executive 199 3 council approval. 199 4 Code section 8.63, concerning the innovations fund, is 199 5 amended. The change provides that any savings realized by an 199 6 agency using an innovation project loan that is not retained 199 7 by the agency shall not be deposited in the innovations fund. 199 8 In addition, the bill provides that the standing appropriation 199 9 to the department of management for deposit in the fund for a 199 10 loan that is not required to be repaid by the agency receiving 199 11 the loan shall be limited to the principal and interest amount 199 12 for the loan. 199 13 Code section 543B.14, concerning the deposit of real estate 199 14 salesperson's and broker's license fees in the real estate 199 15 education fund, is amended to provide that $50 per license 199 16 shall be deposited in the fund. Under current law, the 199 17 greater of $10 or 40 percent per year for each real estate 199 18 salesperson's license and the greater of $10 or 25 percent for 199 19 each broker's license is deposited in the fund. 199 20 Code section 543B.54, concerning the real estate education 199 21 fund, is amended to provide that $25 for each real estate 199 22 salesperson's and broker's license shall be appropriated to 199 23 the board of regents for maintaining a real estate education 199 24 program at the University of Northern Iowa. Under current 199 25 law, 70 percent of moneys in the fund shall be given for the 199 26 program. 199 27 The department of administrative services is directed to 199 28 pursue a goal of increasing the ratio of employees per 199 29 supervisor for executive branch agencies to 12 to one by 199 30 December 31, 2005. 199 31 AGRICULTURE AND NATURAL RESOURCES. This division provides 199 32 funding for the department of agriculture and land stewardship 199 33 and the department of natural resources from a number of 199 34 sources. 199 35 For the department of agriculture and land stewardship, 200 1 moneys are appropriated from the general fund of the state and 200 2 full-time equivalent employee positions are authorized in 200 3 order to support its administrative division, regulatory 200 4 division, laboratory division, and conservation division. 200 5 Moneys are also appropriated to support animal industry 200 6 programs, including a program to regulate horse and dog racing 200 7 by the department. Support is provided to the senior farmers 200 8 market nutrition program and to the department for membership 200 9 in a Missouri river association. Moneys are appropriated to 200 10 the department of agriculture and land stewardship for the 200 11 purpose of supporting the testing and monitoring of avian 200 12 influenza affecting the poultry industry. 200 13 For the department of natural resources, moneys are 200 14 appropriated from the general fund of the state and full-time 200 15 equivalent positions are authorized in order to support its 200 16 administrative and support services division, parks and 200 17 preserves division, forests and forestry division, energy and 200 18 geological resources division, and environmental protection 200 19 division. Moneys are appropriated from the state fish and 200 20 game protection fund for support of the division of fish and 200 21 wildlife. Moneys are transferred to the state fish and game 200 22 protection fund to support snowmobile programs and enforce 200 23 state navigation laws administered by the department. 200 24 The department is allowed to use additional funds for 200 25 staffing to reduce the department's floodplain permit backlog 200 26 and to use additional funds available from stormwater 200 27 discharge permit fees for staffing required to implement the 200 28 federal total maximum daily load program. 200 29 A provision is amended which repeals Code chapter 424 200 30 providing for an environmental protection charge on petroleum 200 31 diminution. Code section 424.19 provides that the provision 200 32 is repealed on July 1, 2014. That date is extended until July 200 33 1, 2016. 200 34 The appropriation to support the testing and monitoring of 200 35 avian influenza is not effective if a similar bill is enacted. 201 1 The extension of the repeal to Code chapter 424 is made 201 2 contingent upon the enactment of another bill. 201 3 ECONOMIC DEVELOPMENT. This division makes appropriations 201 4 and transfers from the general fund of the state to the 201 5 department of economic development, the university of Iowa, 201 6 the university of northern Iowa, Iowa state university, the 201 7 department of workforce development, and the public employment 201 8 relations board for the 2004-2005 fiscal year. 201 9 The division provides that the goals for the department of 201 10 economic development shall be to expand and stimulate the 201 11 state economy, increase the wealth of Iowans, and increase the 201 12 population of the state. The division provides that the 201 13 department of economic development shall demonstrate 201 14 accountability by using performance measures appropriate to 201 15 show the attainment of the goals for the state and by 201 16 measuring the effectiveness and results of the department's 201 17 programs and activities. 201 18 Loan repayments on loans under the former rural community 201 19 2000 program to the department of economic development moneys 201 20 for providing financial assistance to Iowa's councils of 201 21 governments and for the rural development program. 201 22 Moneys collected by the division of insurance in excess of 201 23 the anticipated gross revenues to the department of economic 201 24 development for purposes of insurance economic development and 201 25 international insurance economic development. 201 26 Moneys from the Iowa community development loan fund to the 201 27 department of economic development for purposes of the 201 28 community development program. 201 29 Moneys from the workforce development fund account to the 201 30 workforce development fund. 201 31 The division provides that moneys appropriated or 201 32 transferred to or receipts credited to the workforce 201 33 development fund may be used for administration of workforce 201 34 development activities. 201 35 The division provides that all moneys remaining in the job 202 1 training fund on July 1, 2004, and any moneys appropriated or 202 2 credited to the fund during the fiscal year beginning July 1, 202 3 2004, shall be transferred to the workforce development fund. 202 4 The division appropriates moneys from the administrative 202 5 contribution surcharge fund to the department of workforce 202 6 development for salaries, support, maintenance, conducting 202 7 labor market surveys, miscellaneous purposes, and for 202 8 workforce development regional advisory board member expenses. 202 9 The division appropriates moneys from the special 202 10 employment security contingency fund to the department of 202 11 workforce development for the division of workers' 202 12 compensation and immigration service centers. 202 13 The division provides that the Iowa community college one 202 14 source training initiative is encouraged to explore a 202 15 partnership with software and information technology of Iowa 202 16 to identify methods of funding the training and retraining 202 17 needs of the software and information technology sector in 202 18 Iowa. 202 19 The division allows the office of renewable fuels and 202 20 coproducts to apply to the department of economic development 202 21 for moneys in the value-added agricultural products and 202 22 processes financial assistance fund for deposit in the 202 23 renewable fuels and coproducts fund. 202 24 The division provides that the auditor of state is 202 25 requested to review the audit of the Iowa finance authority 202 26 performed by the auditor hired by the authority. The division 202 27 provides that the auditor of state is also requested to 202 28 conduct a performance audit of the authority to determine the 202 29 effectiveness of the authority and the programs of the 202 30 authority. 202 31 The division provides that, for the fiscal year beginning 202 32 July 1, 2004, any entity that was specifically identified in 202 33 2001 Iowa Acts, chapter 188, to receive funding from the 202 34 department of economic development, excluding any entity 202 35 identified to receive a direct appropriation beginning July 1, 203 1 2004, may apply to the department for assistance through the 203 2 appropriate program. 203 3 The division provides that the department of economic 203 4 development, the department of workforce development, and the 203 5 regents institutions receiving an appropriation pursuant to 203 6 this division shall file a written report on a quarterly basis 203 7 with the chairpersons and ranking members of the joint 203 8 appropriations subcommittee on economic development and the 203 9 legislative services agency regarding all expenditures of 203 10 moneys appropriated pursuant to this division during the 203 11 quarter, allocations of moneys appropriated pursuant to this 203 12 division during the quarter, and full-time equivalent 203 13 positions allocated during the quarter. 203 14 The division provides that, in providing moneys from the 203 15 shelter assistance fund to homeless shelter programs, the 203 16 department of economic development shall explore the potential 203 17 of allocating moneys to programs based in part on their 203 18 ability to move their clients toward self-sufficiency. 203 19 The division provides that all federal grants to and the 203 20 federal receipts of agencies appropriated funds under this 203 21 division, not otherwise appropriated, are appropriated for the 203 22 purposes set forth in the federal grants or receipts unless 203 23 otherwise provided. 203 24 The division appropriates moneys from moneys credited to 203 25 the state by the secretary of the treasury of the United 203 26 States pursuant to the Social Security Act to the department 203 27 of workforce development for the administration of the 203 28 unemployment compensation program only. 203 29 The division appropriates moneys from the general fund to 203 30 the department of economic development to pay payroll 203 31 expenditure refunds under the school-to-career program. 203 32 EDUCATION. This division appropriates moneys for fiscal 203 33 year 2004-2005 from the general fund of the state to the 203 34 college student aid commission, the department for the blind, 203 35 the department of cultural affairs, the department of 204 1 education, and the state board of regents and its 204 2 institutions. 204 3 The division includes appropriations to the college student 204 4 aid commission for general administrative purposes, student 204 5 aid programs, an initiative directing primary care physicians 204 6 to areas of the state experiencing physician shortages, the 204 7 national guard educational assistance program, and the teacher 204 8 shortage forgivable loan program. The division nullifies the 204 9 $2.75 million standing appropriation for the Iowa work-study 204 10 program for fiscal year 2004-2005. The division also amends 204 11 statutory language to increase the standing appropriations for 204 12 tuition grants and vocational-technical tuition grants, and to 204 13 decrease the standing appropriation for scholarships. 204 14 The division appropriates to the department for the blind 204 15 for its administration. 204 16 The division appropriates to the department of cultural 204 17 affairs for its arts, historical, and administration 204 18 divisions, for historic sites, and for community cultural 204 19 grants. 204 20 The division appropriates moneys to the department of 204 21 education for purposes of the department's general 204 22 administration, vocational education administration, division 204 23 of vocational rehabilitation services, independent living, 204 24 state library for general administration and the enrich Iowa 204 25 program, library service area system, public broadcasting 204 26 division, regional telecommunications councils, vocational 204 27 education to secondary schools, school food service, Iowa 204 28 empowerment fund, textbooks for nonpublic school pupils, 204 29 student achievement and teacher quality program, and community 204 30 colleges. The division permits the board of educational 204 31 examiners to retain 85 percent of funds it receives from fee 204 32 increases between July 1, 1997, and June 30, 2003, and 70 204 33 percent of the funds it receives from fee increases imposed 204 34 after July 1, 2003. 204 35 The division amends statutory language to provide for the 205 1 proration of an annual award under the national board 205 2 certification pilot project when a teacher who qualifies for 205 3 the award is employed on a less than full-time basis. 205 4 The division also amends statutory language to provide for 205 5 changes in allocations under the student achievement and 205 6 teacher quality program, and permits the department to carry 205 7 over moneys allocated for purposes of the evaluator training 205 8 program and the career development program and review panel 205 9 requirements which is to be used for purposes of the evaluator 205 10 training program and to supplement the moneys distributed to 205 11 school districts for salaries and career development. 205 12 The division continues an exception to current law first 205 13 introduced in FY 2002-2003 regarding minimum teacher salaries 205 14 which provides that the minimum salary amount a school 205 15 district or AEA must pay to a first-year beginning teacher for 205 16 FY 2004-2005 is the amount the district or AEA paid, or would 205 17 have paid, a first-year beginning teacher in the 2001-2002 205 18 school year. The minimum career teacher salary paid in FY 205 19 2004-2005 to a career teacher who was a beginning teacher in 205 20 the 2001-2002 school year must be $1,000 greater than the 205 21 minimum amount paid to a first-year beginning teacher in the 205 22 2001-2002 school year, unless the minimum career salary paid 205 23 by the district or AEA exceeds $30,000. 205 24 The division appropriates moneys to the state board of 205 25 regents for the board office, tuition replacement, the 205 26 southwest Iowa graduate studies center, the tristate graduate 205 27 center, the quad-cities graduate studies center, the state 205 28 university of Iowa, Iowa state university of science and 205 29 technology, the university of northern Iowa, the Iowa school 205 30 for the deaf, the Iowa braille and sight saving school, and 205 31 for tuition and transportation costs for students residing in 205 32 the Iowa braille and sight saving school, and the Iowa school 205 33 for the deaf. 205 34 HEALTH AND HUMAN SERVICES. This division appropriates 205 35 funding from the general fund of the state for FY 2004-2005 to 206 1 the department of elder affairs, public health, human 206 2 services, and the commission of veterans affairs. 206 3 ELDER AFFAIRS. The division appropriates funding from the 206 4 general fund of the state for the department of elder affairs. 206 5 A restriction of 7.5 percent is applied to the amount of 206 6 allocated funds for aging programs that may be used for 206 7 administrative purposes by the area agencies on aging. 206 8 HEALTH. The division appropriates funding from the general 206 9 fund of the state to the Iowa department of public health. 206 10 Authority is provided for the Iowa department of public 206 11 health to retain and expend certain professional licensing 206 12 fees and licensing fee increases, and to retain and expend 206 13 fees from certification of lead inspectors and lead abaters. 206 14 Moneys are appropriated from the gambling treatment fund 206 15 for addictive disorders and use of the moneys remaining in the 206 16 fund is addressed. 206 17 The vital records modernization project is extended to June 206 18 30, 2005, and the scope of practice review project to June 30, 206 19 2005. 206 20 COMMISSION OF VETERANS AFFAIRS. Funding is appropriated 206 21 from the general fund of the state to the commission of 206 22 veterans affairs. The division further provides that the Iowa 206 23 veterans home shall operate with a net state general fund 206 24 appropriation, and that general fund moneys may be used for 206 25 cash flow management purposes. 206 26 Authority is provided for the veterans home to carry 206 27 forward unspent moneys from fiscal year 2004-2005. 206 28 HUMAN SERVICES. Funding is appropriated from the general 206 29 fund of the state and the federal temporary assistance for 206 30 needy families block grant to the department of human 206 31 services. 206 32 The department is authorized to utilize a portion of moneys 206 33 received in settlement of an overpayment to a child 206 34 development center or other large overpayment settlement as 206 35 additional funding for general administration positions. 207 1 Fiscal year 2003-2004 provisions are renewed suspending the 207 2 applicability of the following laws: school attendance 207 3 requirements for children participating in the family 207 4 investment program, and six-month case permanency plan reviews 207 5 required for children in an intact family. 207 6 New Code section 217.14 creates a refugee services 207 7 foundation. Code section 234.12A, relating to retailer fees 207 8 paid for electronic benefits transactions, is amended to phase 207 9 out the fees over a period of years. Code section 249A.21 is 207 10 amended to revise the reimbursement methodology for 207 11 noninstitutional providers of anesthesia services under the 207 12 medical assistance program. Code section 249A.20A is amended 207 13 to provide that drugs prescribed for mental illness are 207 14 subject to prior authorization under the medical assistance 207 15 preferred drug list program. New Code section 505.25 requires 207 16 health care insurance carriers in the state to provide 207 17 information to the department of human services regarding the 207 18 individuals insured by the carrier for the sole purpose of 207 19 comparing the names of the insureds with names of recipients 207 20 of the medical assistance program. 207 21 Provisions related to issuance of funding plans by 207 22 representatives of the department of human services and the 207 23 judicial branch and providing for nonreversion of certain FY 207 24 2003-2004 appropriations take effect upon enactment. 207 25 SENIOR LIVING AND HOSPITAL TRUST FUNDS. This division 207 26 makes appropriations for the 2004-2005 fiscal year from the 207 27 senior living trust fund to the department of elder affairs, 207 28 the department of human services, and the department of 207 29 inspections and appeals. An appropriation is made from the 207 30 hospital trust fund to the department of human services to 207 31 supplement the medical assistance appropriation. 207 32 MENTAL HEALTH, MENTAL RETARDATION, DEVELOPMENTAL 207 33 DISABILITIES, AND BRAIN INJURY. This division provides 207 34 funding for mental health, mental retardation and other 207 35 developmental disabilities, and brain injury (MH/MR/DD/BI) 208 1 services. The FY 2005-2006 MH/MR/DD allowed growth funding 208 2 appropriation is included and provisions are made for 208 3 distribution of the allowed growth appropriation made 208 4 previously for FY 2004-2005. The distribution methodology 208 5 provides for withholding of distributions based upon a 208 6 county's services fund ending balance and includes a separate 208 7 withholding provision for a county with a population over 208 8 200,000. 208 9 JUDICIAL BRANCH. This division makes appropriations for FY 208 10 2004-2005 to the judicial branch. 208 11 The percentage rate of the state's contribution to the 208 12 judicial retirement fund for FY 2004-2005 is reduced. 208 13 The judicial branch is required to study the best practices 208 14 and efficiencies of each judicial district. 208 15 The appointment of a clerk of the district court is 208 16 prohibited unless the state court administrator approves the 208 17 appointment. 208 18 JUSTICE SYSTEM. This division makes appropriations for 208 19 fiscal year 2004-2005 from the general fund of the state to 208 20 the departments of justice, corrections, public defense, and 208 21 public safety, Iowa law enforcement academy, office of the 208 22 state public defender, the board of parole, and the Iowa state 208 23 civil rights commission. 208 24 The division requires that the attorney general be 208 25 reimbursed up to $50,000 from the second injury fund for 208 26 providing services related to the fund. 208 27 The division provides that the state public defender may 208 28 contract with a private attorney to provide legal services to 208 29 indigent persons for a predetermined fee. 208 30 The division creates an Iowa corrections offender network 208 31 fund under the control of the department of corrections. The 208 32 division provides that all sales, gifts, and donations related 208 33 to the Iowa offender network data system shall be credited to 208 34 the fund for use in maintenance and further development of the 208 35 network. 209 1 The division provides that for the fiscal year 2004-2005, 209 2 the Iowa law enforcement academy may charge more than one-half 209 3 the costs of providing the basic training course upon 209 4 authorization of a majority of the Iowa law enforcement 209 5 council. Current law prohibits the Iowa law enforcement 209 6 academy from charging more than one-half of the costs. 209 7 The division provides that the department of corrections 209 8 shall coordinate and provide information to the counties 209 9 regarding available inmate bed space in each county jail, 209 10 detention facility, or municipal jail. 209 11 The division provides that a person whose income is at or 209 12 below 100 percent of the poverty level be entitled to a court- 209 13 appointed attorney. Current law requires a person's income be 209 14 at or below 125 percent of the poverty level before an 209 15 attorney is required to be appointed. 209 16 The division provides that after deductions to an inmate's 209 17 earnings under section 904.809, the department of corrections 209 18 may retain up to 50 percent of any remaining balance from the 209 19 earnings, if the inmate is employed in a new job created on or 209 20 after July 1, 2004. The division requires the funds retained 209 21 by the department of corrections pursuant to this provision be 209 22 used for supervision costs incurred by the department when 209 23 supervising the private sector employment of inmates. 209 24 The division provides that a person on probation may not be 209 25 prematurely discharged from probation unless the person has 209 26 paid any court-appointed attorney fees and supervision fees 209 27 incurred pursuant to Code section 905.14. 209 28 The division requires the board of parole and the judicial 209 29 district department of correctional services to develop a 209 30 mentoring program for persons on probation or parole. 209 31 The division makes changes to the distribution of 209 32 delinquent fines and costs collected by the county attorney 209 33 pursuant to Code section 602.8107, subsection 4. The division 209 34 provides that if the county attorney's office have 209 35 collectively accumulated up to $1.2 million of delinquent 210 1 fines and costs for deposit into the general fund of the 210 2 state, the county attorney's office may keep 33 percent of any 210 3 additional delinquent fines and costs collected, the county 210 4 general fund shall receive 34 percent of the delinquent fines 210 5 and costs, and the general fund of the state receives the 210 6 remainder. Current law provides that 35 percent of any 210 7 delinquent fines and costs collected be deposited in the 210 8 county general fund, and the remainder be deposited into the 210 9 general fund of the state. 210 10 The division amends a 1998 enactment that was most recently 210 11 amended by 2003 Iowa Acts, chapter 174, section 17, by 210 12 extending the appropriation from the E911 emergency 210 13 communications fund for support of the E911 administrator, 210 14 until the end of fiscal year 2004-2005. 210 15 The sections of the division amending Code sections 85.66, 210 16 85.67, 904.118, and 2003 Iowa Acts, chapter 174, section 17, 210 17 take effect upon enactment. 210 18 STANDING APPROPRIATIONS, SALARIES, AND MISCELLANEOUS 210 19 PROVISIONS. This division makes adjustments to various 210 20 standing appropriations, provides for salary and benefits, and 210 21 adds miscellaneous changes to the Code. 210 22 The division makes adjustments to numerous standing 210 23 appropriations. The amount appropriated for the general 210 24 assembly is reduced by $2 million. The following standing 210 25 appropriations are limited to specific amounts: compensation 210 26 of officers and enlisted persons while on active duty, 210 27 nonpublic school transportation, printing cigarette tax 210 28 stamps, state cost of peace officers' retirement benefits, 210 29 livestock production credit refunds, instructional support 210 30 state aid, at-risk children programs, paying claims against 210 31 the state, administrative expenses of the unemployment 210 32 compensation program, interest costs under the federal Cash 210 33 Management and Improvement Act, funding the state's deferred 210 34 compensation program and the educational excellence program. 210 35 An appropriation is made to the department of natural 211 1 resources to expand the help us stop hunger pilot program 211 2 which involves the providing of donated deer meat to the 211 3 needy. 211 4 Code sections 256.7, 273.3, and 279.12 are amended to 211 5 require the state board of education to adopt rules directing 211 6 the school districts and area education agencies to submit 211 7 annually data from the most recent school year detailing 211 8 contract settlement increases for salaries and group health 211 9 insurance plans provided under collective bargaining 211 10 agreements. The amendments direct the department to compile 211 11 the data in a report to be submitted each year to the 211 12 chairpersons and ranking members of the house and senate 211 13 standing committees on education and appropriation and the 211 14 joint appropriations subcommittee on education. 211 15 The amendments also include provisions directing the boards 211 16 of directors of the school districts and area education 211 17 agencies to submit the data to the department annually. 211 18 Code sections 256D.4, 256D.5, and 256D.9 are amended to 211 19 extend the program to reduce class size for K-3 students for 211 20 FY 2004-2005 and to appropriate $29.25 million for that fiscal 211 21 year. 211 22 Code sections 257.8(1) and 257.16(1) are amended to provide 211 23 that for the budget year beginning July 1, 2005, and each 211 24 subsequent budget year, the state percent of growth shall be 211 25 established by statute and enacted within 30 days of the 211 26 submission of the governor's budget under Code section 8.21 in 211 27 the base year, that for the fiscal year beginning July 1, 211 28 2004, and ending June 30, 2005, there is appropriated from the 211 29 general fund of the state pursuant to Code section 257.16 the 211 30 sum of $1,881,688,628 to pay state foundation aid and 211 31 supplementary aid, and that $10 million shall be used by 211 32 school districts to assist with the purchase of public school 211 33 textbooks and supplies. 211 34 If the amounts appropriated are less than the amounts 211 35 otherwise required to pay state foundation aid and 212 1 supplementary aid pursuant to Code section 257.16(1), the 212 2 difference shall be deducted from the payments that otherwise 212 3 would have been made to each school district in the same ratio 212 4 that the budget enrollment of the school district for the 212 5 appropriate budget year bears to the total budget enrollment 212 6 to the state for that budget year. 212 7 Code section 257.14 is amended to provide for the deletion 212 8 of Code language which restricts school district eligibility 212 9 for certain budget guarantee provisions. 212 10 Legislation enacted in 2001 provided for the continuation 212 11 of budget guarantee provisions through the school budget year 212 12 beginning July 1, 2003, which enabled a school district to 212 13 maintain 100 percent of the previous year's budget, adjusted 212 14 to include the amount of the budget adjustment the district 212 15 had received in the previous year. For the school budget year 212 16 beginning July 1, 2004, and succeeding budget years, however, 212 17 the legislation provided that districts would no longer be 212 18 eligible for the 100 percent "adjusted guarantee", but would 212 19 instead be eligible for a 101 percent nonadjusted guarantee. 212 20 The legislation provided that for a 10-year period, school 212 21 districts can optionally utilize a gradually decreasing 212 22 percentage guarantee of the difference between the guarantee 212 23 level calculated for the school district for the budget year 212 24 beginning July 1, 2003, and the amount calculated for the 212 25 current year if the guarantee were calculated to include the 212 26 "adjustment" language. This option is decreased, or "scaled 212 27 down", by 10 percent annually, until July 1, 2013, when all 212 28 school districts will receive a budget guarantee based on 101 212 29 percent. 212 30 Code section 257.35 is amended to reduce by $11.8 million 212 31 the amount of state aid to area education agencies. This is 212 32 the same amount as was reduced for FY 2003-2004 and is in 212 33 addition to a previous $7.5 million reduction. 212 34 Code section 280.14 is amended to require the board of 212 35 directors of each school district to annually review school 213 1 district expenditures and identify and examine potential cost 213 2 savings that can be achieved in the delivery of administrative 213 3 services and other costs involved in the operation of the 213 4 district. The results of the study must be presented to the 213 5 public at a regularly scheduled board meeting. The school 213 6 district must annually report the results to the department of 213 7 education, which must compile the results in a report it must 213 8 submit annually to the general assembly by December 31. 213 9 Code sections 346.27(10) and 346.27(25) are amended to 213 10 provide for a countywide vote on the issuance of revenue bonds 213 11 and the sale of assets by an authority established by the 213 12 county and its county seat to operate public buildings. 213 13 Present law required only a vote of the registered voters in 213 14 the unincorporated areas and those of the county seat. 213 15 Code section 372.13 is amended to provide that a person 213 16 serving as chief of a volunteer fire department that serves an 213 17 area with a population of not more than 2,000 who is elected 213 18 to the city council may continue to hold office as fire chief 213 19 during the city council term of office. 213 20 Code sections 422E.1 and 422E.4 are amended to limit the 213 21 sale of local sales and services tax for school infrastructure 213 22 bonds to 10 years unless an election was held and the tax 213 23 imposition was approved on June 17, 2003, and to rewrite the 213 24 bonding authority of the board of directors of a school 213 25 district so that it mirrors, to a large extent, the authority 213 26 set out for city and county revenue bonds under the local 213 27 option sales and services tax imposed under Code chapter 422B. 213 28 Code section 422E.2(4) is amended to provide that for 213 29 elections occurring after April 1, 2003, and before August 1, 213 30 2003, the requirements relating to a revenue purpose statement 213 31 are considered to have been met if the revenue purpose 213 32 statement is submitted by April 1, 2004. This provision is 213 33 effective upon enactment. 213 34 Code sections 425.1, 425.39, 425A.1, 426.1, 426A.1A, and 213 35 435.22 are amended to eliminate the standing appropriations 214 1 from the state general fund for reimbursement for the 214 2 homestead credit, the elderly and disabled credit and rent 214 3 reimbursement, the family farm tax credit, the agricultural 214 4 land tax credit, and the mobile home tax credit and in lieu 214 5 thereof provide for an appropriation from the cash reserve 214 6 fund for FY 2004-2005. Code sections 425.19, 425.23, 426A.4, 214 7 426A.6, 426A.8, and 426A.9 are amended as coordinating 214 8 amendments. 214 9 Code section 455B.310 is amended to exempt from the 214 10 sanitary landfill tonnage fee nonmetallic material shredded by 214 11 an industrial shredder and known as shredder fluff. 214 12 New Code section 668B.2, if enacted, is amended to include 214 13 a licensed physician assistant as defined in Code section 214 14 148C.1 and a nurse as a health care provider for purposes of 214 15 the noneconomic damage awards against health care providers 214 16 law. The law limits the amount of noneconomic damages that 214 17 may be recovered by an injured plaintiff against a health care 214 18 provider to $250,000. 214 19 The division provides that moneys to fund collective 214 20 bargaining agreements with similar percentage increases for 214 21 noncontract state employees are to be from any available 214 22 source of the employee's department or agency. 214 23 The division also provides supplemental authorization to 214 24 fund salaries from trust, revolving, and special funds for 214 25 which the general assembly has established a budget. 214 26 2001 Iowa Acts, chapter 174, section 1, is amended to 214 27 eliminate a standing limited appropriation from the general 214 28 fund of the state to the endowment for Iowa's health account 214 29 of the tobacco settlement trust fund for FY 2004-2005. 214 30 2003 Iowa Acts, chapter 179, section 21, is amended to 214 31 provide that any unencumbered moneys remaining from the 214 32 appropriation made in FY 2002-2003 for military pay 214 33 differential purposes shall not revert but are available to be 214 34 used until the end of FY 2004-2005. This appropriation is 214 35 used for paying state employees who are activated for duty in 215 1 the armed forces of the United States the difference between 215 2 their state pay and military pay and to continue state health 215 3 coverage. The section takes effect upon enactment. 215 4 The division authorizes the state board of regents to issue 215 5 bonds in the sum of $120 million for a five-year building 215 6 program at the regents universities. The division permits the 215 7 state board of regents to exceed the limitation placed on the 215 8 amount of bonds that may be issued under the bill by an amount 215 9 the state board of regents determines to be necessary to 215 10 capitalize bond reserves, interest during construction, and 215 11 issuance costs. 215 12 The division provides for a refund of registration fees, 215 13 penalties, and interest paid by a person who failed to 215 14 register a commercial vehicle because the person sold the 215 15 commercial vehicle but did not submit the registration plate 215 16 and registration receipt to the state department of 215 17 transportation. This provision is effective upon enactment 215 18 and a claim must be filed by August 1, 2004. 215 19 The division appropriates $10,000 to the Iowa department of 215 20 public health to create a task force with private entities to 215 21 initiate a pilot study to develop and test access improvement 215 22 assumptions and viability options related to improving access 215 23 to drug prescriptions by needy individuals. The study may use 215 24 a free clinic to assist in performing the study. A report is 215 25 to be submitted by December 15, 2004. 215 26 Code section 25B.7 is repealed. This section provides that 215 27 if the state does not fully reimburse the local jurisdictions 215 28 for property tax credits granted, the credits received by the 215 29 taxpayer are to be reduced so that the amount reimbursed by 215 30 the state covers the actual credit given. 215 31 Code sections 266.31 and 266.39 are repealed. These 215 32 sections contain obsolete language that refers to a meat 215 33 export research center and a livestock producers assistance 215 34 program. 215 35 LSB 6953XC 80 216 1 mg/cf/24.1
Text: SSB03168 Text: SSB03170 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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