[Dome]1998 Summary of Legislation

Published by the Iowa General Assembly -- Legislative Service Bureau

APPROPRIATIONS

Appropriations LegislationRelated Legislation
SENATE FILE 2052 -- Private Activity Bonds for Agricultural and Other Purposes -- Agricultural Development Authority
SENATE FILE 2280 -- Appropriations -- Health and Human Rights
SENATE FILE 2295 -- Appropriations -- Agriculture and Natural Resources
SENATE FILE 2296 -- Appropriations -- Economic Development
SENATE FILE 2381 -- Appropriations -- Infrastructure and Capital Projects
SENATE FILE 2410 -- Human Services Appropriations and Related Provisions
SENATE FILE 2418 -- Appropriations -- State Government Technology and Operations
HOUSE FILE 2210 -- Appropriations -- Energy Conservation Trust Funds
HOUSE FILE 2218 -- Federal Block Grant Appropriations
HOUSE FILE 2271 -- Obsolete and Unnecessary Code Provisions Corrections
HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions
HOUSE FILE 2498 -- Appropriations -- Administration and Regulation
HOUSE FILE 2499 -- Appropriations -- Transportation
HOUSE FILE 2533 -- Appropriations -- Education
HOUSE FILE 2539 -- Appropriations -- Justice System
HOUSE FILE 2553 -- Compensation for Public Employees
SENATE FILE 530 -- Enhanced E911 Emergency Telephone Systems -- Wireless Communications Surcharge and E911 Administrator
SENATE FILE 2356 -- Telecommunications and Electric Cabling Revolving Fund and Art Restoration and Preservation Revolving Fund
SENATE FILE 2366 -- Educational Programming and Related Provisions and Appropriations
HOUSE FILE 8 -- State Mandates - VETOED BY THE GOVERNOR
HOUSE FILE 2494 -- Regulation of Animal Feeding Operations and Related Provisions
HOUSE FILE 2545 -- County Mental Health, Mental Retardation, and Developmental Disabilities Service Funding
HOUSE FILE 2546 -- Waste Tires and Tire-Derived Fuels

APPROPRIATIONS LEGISLATION

SENATE FILE 2052 - Private Activity Bonds for Agricultural and Other Purposes -- Agricultural Development Authority (full text of act)
BY COMMITTEE ON AGRICULTURE. Iowa Code Section 7C.4A allocates a ceiling among the various governmental units authorized to issue private activity bonds under the laws of this state. The section allocates a percentage of the state ceiling for a number of public purposes, including housing, job training and education. Sixteen percent of the state ceiling is allocated to qualified small issue bonds issued for first-time farmers under programs administered by the Agricultural Development Authority. This Act increases the allocation to 21 percent of the state ceiling. It requires the Executive Director of the Agricultural Development Authority to make every effort practical to persuade members of Congress to increase the state's ceiling. It requires cooperation between the Agricultural Development Authority and the Iowa Finance Authority. It also allocates an additional full-time equivalent position to the Agricultural Development Authority.
The Act also amends a provision allocating 5 percent of the state ceiling for the issuance of private activity bonds by political subdivisions authorized to issue such bonds. The Act decreases the amount to 3 percent and limits the period when the amount is reserved from January 1 through October 25 to January 1 through June 30 of each year. The Act provides that 18 percent of the state ceiling must be allocated to bonds issued by political subdivisions to finance a qualified industry for the manufacturing, processing or assembly of agricultural or manufactured products.
SENATE FILE 2280 - Appropriations -- Health and Human Rights (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act provides for appropriations to the Department for the Blind, the Iowa State Civil Rights Commission, the Department of Elder Affairs, the Governor's Alliance on Substance Abuse, the Iowa Department of Public Health, the Department of Human Rights, and the Commission of Veterans Affairs. The Act additionally provides for an appropriation from amounts remaining in the Gambling Treatment Fund at the close of FY 1997-1998 to the Department of Public Safety.
CIVIL RIGHTS COMMISSION. The Act appropriates funds to the Iowa State Civil Rights Commission, and authorizes the commission to exceed its designated staffing level to hire additional staff to process employment and housing complaints if the anticipated amount of funding from the federal Equal Employment Opportunity Commission and the federal Department of Housing and Urban Development exceeds $645,000 for FY 1998-1999. The Act provides that two of the 38.50 full-time equivalent (FTE) positions appropriated for the commission relate to the transition of personnel services contractors to full-time equivalent positions, and that the merit system provisions of Code Chapter 19A and the provisions of the state or union collective bargaining agreements will not govern movement into the two FTE positions until September 1, 1998.
DEPARTMENT OF ELDER AFFAIRS. The Act appropriates funds to the Department of Elder Affairs. Regarding appropriations for aging programs and services, the Act specifies authorized programs, directs that program funds not be used by the department for administrative purposes, and provides that funds appropriated may be used to supplement federal funds under federal regulations. The Act provides that the Iowa chapters of the Alzheimer's Association and the Case Management Program for Frail Elders will collaborate and cooperate fully to assist families in maintaining family members with Alzheimer's disease in the community for the longest period of time.
The Act additionally provides that the department in its discretion may grant an exception for a limited period of time, or modify applicable requirements, relating to compliance by persons regulated by the department or applicants for assisted living certification, with any part of Code Chapter 104A concerning the conversion of buildings existing on July 1, 1998, to accessibility for persons with disabilities.
GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE. The Act appropriates funds to the Governor's Alliance on Substance Abuse and the Iowa Substance Abuse Clearinghouse in Cedar Rapids.
DEPARTMENT OF PUBLIC HEALTH. The Act appropriates funds to the Iowa Department of Public Health. Funds appropriated to the Planning and Administration Division include specific appropriations for the Chronic Renal Disease Program to be used for reimbursement of insurance premiums, travel, and prescription and nonprescription drugs, for the regulatory oversight of accountable health plans, and for the purchase, verification, updating, and storage of health data information. The Act limits the budgets for professional licensure boards funded through the department to 85 percent of the average annual fees collected for the previous two fiscal years. The budget may be exceeded for unanticipated litigation costs approved by the Director of the Department of Management in an amount not in excess of 5 percent of the average annual fees collected for the previous two fiscal years. Funds are additionally appropriated for emergency medical services staff and training.
Funds appropriated to the Health Protection Division include specific appropriations for chlamydia testing and lead abatement testing. Additionally, funds are allocated to local boards of health to ensure that core public health functions are maintained and to support essential services in local communities. The Act provides that any medical center in the state operating a poison center on or before July 1, 1998, can be designated as a state poison center by the director of the department.
The Division of Substance Abuse and Health Promotion is directed to continue coordination with substance abuse treatment and prevention providers regardless of funding source, and together with the Commission on Substance Abuse shall continue coordination of delivery of substance abuse services to uninsured and court-ordered substance abuse patients in all counties of the state. The Act provides that the division shall establish an interagency work group to conduct an evaluation of the effectiveness of all existing federal and state-funded substance abuse treatment and prevention programs in the state. The department shall submit a report containing the recommendations of the interagency work group to the Governor and the General Assembly by January 1, 2000. An allocation of $15,000 is provided to support the surveillance and reporting of disabilities suffered by persons engaged in agriculture, with the department cooperating with the Department of Agriculture and Land Stewardship, Iowa State University of Science and Technology, and the College of Medicine at the University of Iowa. An appropriation of $193,500 is made for aftercare services for persons completing substance abuse treatment, and an appropriation of $950,000 is made to continue an integrated substance abuse managed care system.
Programs receiving allocations from funds appropriated to the Family and Community Health Division include the Birth Defects and Genetics Counseling Program, mobile and regional child health specialty clinics, muscular dystrophy and related genetic disease programs, the Statewide Perinatal Program, maternal and child health services, and rural health care technical assistance, recruitment and retention. The Act provides that the department, in consultation with the Advisory Committee for Perinatal Guidelines, shall develop and maintain a Statewide Perinatal Program based on the recommendations of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists. Hospitals within the state shall determine whether to participate in the Statewide Perinatal Program, shall select the hospital's level of participation in the program, and shall comply with the guidelines appropriate to their level of participation. The Act provides that, of the funds allocated by the department to the Iowa Child Death Review Team, $5,000 shall be used to establish a Domestic Abuse Death Review Team. The Act also provides that the department will submit prefiled legislation in advance of the convening of the 1999 Legislative Session for codifying the Domestic Abuse Review Team provisions. Funds are appropriated to reimburse counties for expenses resulting from sudden infant death syndrome autopsies, for grants to local boards of health for the Public Health Nursing Program, for grants to county boards of supervisors for the Home Care Aide Program and the Senior Health Program, for the Physician Care for Children Program, for primary and preventive health care for children, for the Iowa Healthy Family Program, for primary care provider recruitment and retention endeavors, and for the Prospective Minor Parents Decision-Making Assistance Program.
Appropriations are also made to the state boards of Dental, Medical, Nursing, and Pharmacy Examiners.
The Act provides that 1.5 of the FTE positions appropriated to the Division of Planning and Administration, and one of the FTE positions appropriated to the divisions of Health Protection, Substance Abuse and Health Promotion, and Family and Community Health, relate to the transition of personnel services contractors to FTE positions, and that the merit system provisions of Code Chapter 19A and the provisions of the state or union collective bargaining agreements will not govern movement into the two FTE positions until September 1, 1998.
The Act provides that the department shall apply for available federal funds for sexual abstinence education programs in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Additionally, the department shall conduct a comprehensive evaluation of the Gambling Treatment Program provisions contained in Iowa Code Section 99D.7, subsection 21, and the additions to and distributions from the Gambling Treatment Fund pursuant to Iowa Code Section 99E.10, subsection 1, paragraph "a."
DEPARTMENT OF HUMAN RIGHTS. The Act appropriates funds to the divisions of the Department of Human Rights. The Act also provides for several changes regarding the administration and use of the Community Grant Fund, including a three-year limitation regarding the number of consecutive years new grant applicants may receive community grant funding, local matching fund levels that progressively increase as applicants receive a second or more year of consecutive funding, and deleting a requirement that local match funds are required to be from specific funds provided to the applicant. The Act also requires the Division of Criminal and Juvenile Justice Planning to establish accountability measures for the program, and requires grant recipients to report how the progress of their activities and services are related to statewide program accountability measures. The Act also deletes a sunset provision that would have terminated the Community Grant Fund effective July 1, 1998.
COMMISSION OF VETERANS AFFAIRS. The Act appropriates funds to the Commission of Veterans Affairs, and provides that of the FTE positions appropriated to the commission, 1.82 FTE positions relate to the transition of personnel services contractors to FTE positions, and that the merit system provisions of Code Chapter 19A and the provisions of the state or union collective bargaining agreements will not govern movement into the FTE positions until September 1, 1998. If there is an increase in Medical Assistance (Medicaid) Program reimbursements exceeding the amount budgeted for that purpose in FY 1998-1999, the Act authorizes the Iowa Veterans Home to expend the excess amounts to exceed the number of FTE positions authorized for meeting certification requirements or to provide additional beds, subject to approval by the Department of Management. The Act provides that chairpersons and ranking members of the Joint Appropriations Subcommittee on Health and Human Rights shall be notified, for purposes of providing legislative review and oversight, by January 15 of any calendar year during which a request for proposals is anticipated to be issued regarding any Iowa Veterans Home contract involving employment.
GAMBLING TREATMENT FUND APPROPRIATIONS. The Act provides for an appropriation of $236,000 from amounts remaining in the Gambling Treatment Fund at the close of FY 1997-1998, to the Division of Narcotics Enforcement of the Department of Public Safety for undercover purchases of methamphetamine by law enforcement agency and drug task force personnel. In addition, $83,000 is to be transferred to the Governor's Alliance on Substance Abuse for efforts to educate adolescents regarding methamphetamine abuse.
OTHER PROVISIONS. The Act extends the Vital Records Modernization Project until June 30, 1999, and permits until that date the continued collection of increased fees for birth, marriage, death, and other vital records which are part of the project.
The Act adds the Senior Health Program to the Statewide Public Health Nursing and Homemaker-Home Health Aide programs administered by the Iowa Department of Public Health, and provides that program direction, evaluation requirements, and formula allocation procedures for these programs shall be established by the department by rule.
The provisions of the Act regarding the extension of the Vital Records Modernization Project take effect May 19, 1998. The provisions regarding the Community Grant Fund are effective June 30, 1998.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision prohibiting Iowa Veterans Home successor contractors from considering employees of a state institution or facility to be new employees for purposes of employee wages, health insurance or retirement benefits.
  2. Provisions making appropriations from receipts in excess of $1.9 million deposited into the Gambling Treatment Fund to the Iowa Department of Public Health for FY 1998-1999, for allocation or transfer as follows:
  3. An allocation of $200,000 to increase the availability of public health nurses.
  4. An allocation of $78,000 for the provision of emergency medical services and training of emergency medical services personnel.
  5. An allocation of $150,000 for use by local boards of health to ensure that core public health functions are maintained and to support essential services in their communities.
  6. A transfer of $70,000 to the Iowa Law Enforcement Academy to be used for the Drug Abuse Resistance Education Program.
  7. A transfer of $70,000 to the Department of Public Safety for costs associated with the training of state and local law enforcement personnel concerning the recognition of and response to persons with Alzheimer's disease.
  8. A transfer of $130,000 to the Department of Elder Affairs to be used for the recruitment, retention, recognition, and training of care review committee volunteers.
  9. A transfer of $200,000 to the Department of Public Safety to enhance existing programs or to initiate new efforts designed to prevent and combat methamphetamine use.
SENATE FILE 2295 - Appropriations -- Agriculture and Natural Resources (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to agriculture and natural resources by making appropriations to support related entities, including the Department of Agriculture and Land Stewardship and the Department of Natural Resources.
The Act makes a number of appropriations from the General Fund of the State to the Department of Agriculture and Land Stewardship and the Department of Natural Resources for the administration of those departments and for specific programs, such as the market reporting programs, the Farmers' Market Coupon Program, the administration of a program to provide safe drinking water, and a project to support the Lewis and Clark Rural Water System.
The Act supports a number of programs related to animal health and industry, including programs to support the horse and dog breeding industries in the state, and the eradication of pseudorabies and porcine reproductive and respiratory syndrome. The Act makes an appropriation from the Agricultural Management Account of the Groundwater Protection Fund to support a program to assist counties in testing private wells and waters of the state for pollution caused by animal feeding production. Of the amount appropriated to Iowa State University during 1997 for purposes of controlling odor for animal feeding operations, the Act provides that unencumbered moneys shall be transferred to the Livestock Disease Research Fund for use by the Iowa State University College of Veterinary Medicine upon recommendation of the Livestock Health Advisory Council. The Act requests the Legislative Council to establish a study committee to review and consider the need for improvements in the division of responsibilities regarding on-site inspections of animal feeding operations between the Department of Agriculture and Land Stewardship and the Department of Natural Resources.
The Act makes an appropriation from the State Fish and Game Protection Fund to support the Division of Fish and Wildlife within the Department of Natural Resources. Deposits from all-terrain vehicle and snowmobile fees are transferred for snowmobile programs and deposits from registration fees paid on vessels are transferred to a special conservation fund. The Act appropriates $9 million to the Resources Enhancement and Protection (REAP) Fund in lieu of a standing appropriation made to that fund statutorily. An appropriation is made from the Unassigned Revenue Fund administered by the Iowa Comprehensive Underground Storage Tank Fund Board to the Department of Natural Resources for administration and expenses of the Underground Storage Tank Section. The Act allows the Department of Natural Resources to transfer moneys from the Hazardous Substance Remedial Fund to support air quality regulation.
The Act provides the following direction:
THE GOVERNOR ITEM VETOED THE FOLLOWING:
SENATE FILE 2296 - Appropriations -- Economic Development (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes appropriations and transfers from the General Fund of the State and other funds to the Department of Economic Development, the state University of Iowa, the University of Northern Iowa, Iowa State University, the Department of Workforce Development, and the Public Employment Relations Board.
The Act makes a number of appropriations from the General Fund of the State to the following:
The Act requires the Department of Economic Development and the Department of Workforce Development to undertake a workforce recruitment initiative with projects intended to retain and recruit new skilled and unskilled employees to fill the needs of both communities and businesses.
The Act establishes the Certified School to Career Program within the Department of Economic Development to provide incentives to employers to hire individuals between ages 16 through 24. The program is designed to enable individuals to learn new skills through employment, job training and classroom instruction by being employed during the summer months after their junior and senior years in high school and after their first year of postsecondary education. The employer pays the individual a base wage with an additional amount to be held in trust to be applied toward the participant's postsecondary education required for the completion of the certified program. The incentive for the employer is a refund of 20 percent of the wages actually paid by the employer to the individual plus the amount held in trust for the individual for up to 400 hours per calendar year. The refund is paid from an annual $500,000 standing appropriation made from the General Fund of the State to the department. The appropriation begins with FY 1999-2000, and ends with the FY 2003-2004. The individual must agree to work for the employer for at least two years following completion of postsecondary education. If the individual fails to do so, the individual must repay any moneys that the employer paid for the individual's postsecondary education expenses. The Act also provides for the repayment to the employer or expenditure of moneys held in trust for the individual due to the individual's failure to complete the certified program either prior to or after entering a postsecondary education program. The program is repealed June 30, 2004, and all contracts still in existence will continue to be valid.
The Act creates an additional means to provide moneys for the payment of the costs of a new jobs training project or multiple projects.
The Act provides a process for the orderly liquidation of the Iowa Seed Capital Corporation.
The Act gives the Department of Economic Development direction regarding the expenditure of moneys from the Shelter Assistance Fund.
The Act requires the Department of Economic Development to submit a report regarding a survey of all business, industry and agriculture-related international trade activities in the state.
The Act establishes requirements for any nonprofit corporation created by or in association with the Iowa Finance Authority since January 1, 1989, relating to annual reporting to the General Assembly. The Act imposes requirements on the Iowa Housing Corporation Board of Directors membership. The Act instructs the Iowa Housing Corporation and the Iowa Finance Authority to consider restrictions on per diems provided to certain board of directors members.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision allowing the Department of Economic Development to provide financial assistance to private welcome centers.
  2. A provision requiring departments to submit budget requests in both the traditional format and budgeting for results format.
SENATE FILE 2381 - Appropriations -- Infrastructure and Capital Projects (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes appropriations from and to the Rebuild Iowa Infrastructure Fund.
The Act makes appropriations for the fiscal year beginning July 1, 1998, and ending June 30, 1999, for various capital and other projects. These appropriations include capital projects for the departments of Agriculture and Land Stewardship, Cultural Affairs, Corrections, Economic Development, Education, General Services, Natural Resources, Public Defense, Public Safety, and Transportation, and to the State Fair Foundation, the Judicial Department and the State Board of Regents. Certain moneys appropriated to the Department of Corrections for the construction of additional cellblocks at the Fort Dodge Correctional Facility take effect on May 19, 1998.
The Act reduces the overall appropriation for the Restore Outdoors Program for the fiscal years beginning July 1, 1997, and ending June 30, 2001, from $4 million to $3 million each year as a result of the Governor's item veto of a $1 million allocation. This provision takes effect May 19, 1998.
The Act provides a reversion date to funds appropriated to the Department of Revenue and Finance in FY 1998. This provision takes effect May 19, 1998.
The Act creates a Blufflands Protection Revolving Fund in the State Treasury to be used to make loans to nonprofit conservation organizations interested in preserving blufflands in this state. The Administrative Director of the Division of Soil Conservation of the Department of Agriculture and Land Stewardship is directed to establish and administer a Blufflands Protection Program. The program will offer loans to conservation organizations wishing to purchase blufflands adjacent to state public lands for the purpose of bluffland protection. All principal and interest payments or earnings are to be credited to the revolving fund. The Blufflands Protection Program is repealed as of July 1, 2005.
The Act creates a Historical Site Preservation Grant Program in the Department of Cultural Affairs for which an appropriation is made. The funds are used to preserve, restore and develop historical sites.
The Act creates a Recreational Grant Matching Program in the Department of Natural Resources, for which an appropriation is made. The matching grants are to provide funds to communities, organizations and associations to develop, restore or construct recreational complexes, facilities or sites. The grant matching program will match $1 for every $2 raised by the applicant, up to $100,000.
The Act allocates part of the funds derived from the excise tax on the sale of motor fuel used in watercraft from the General Fund of the State to the Rebuild Iowa Infrastructure Fund.
The Act eliminates a matching grant requirement on certain funds appropriated to the Department of Cultural Affairs for FY 1998. This provision takes effect May 19, 1998.
The Act extends the allowable time to enter into contracts to provide for alternative drainage outlets in order to qualify for state funds from the Department of Agriculture and Land Stewardship.
The Act allows land and buildings used for fair purposes to be taken in the name of and managed by a society. Under prior law, land and buildings used for fair purposes were only allowed to be placed in the name of a county, and the property was managed by either the county or a district fair.
The Act allows the Department of General Services to use certain appropriated funds for a new school and other improvements at the State Training School.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. Funding for the construction and renovation of community-based correctional facilities.
  2. Funding for vertical infrastructure improvements at the community colleges.
  3. A provision establishing a vertical infrastructure database within the Department of General Services.
SENATE FILE 2410 - Human Services Appropriations and Related Provisions (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act provides appropriations to the Department of Human Services (DHS) and to the Prevention of Disabilities Policy Council for FY 1998-1999, and includes provisions relating to human services and health care.
SOCIAL SERVICES BLOCK GRANT SUPPLEMENTATION. The Act appropriates the unallocated federal FY 1997-1998 Temporary Assistance for Needy Families (TANF) funds to replace an unanticipated decrease in the federal Social Services Block Grant (SSBG) funds and allocates these funds to maintain the current level of funding. This provision takes effect May 19, 1998.
EARLY CHILDHOOD. The Act appropriates annually $3.8 million for four years from previously unallocated TANF funds to be used for community-based programs developed by community empowerment areas and targeted to children 0-5 years of age. The Act provides that DHS may transfer federal TANF funds to the Child Care and Development Block Grant and then provide funding to community empowerment areas based upon criteria in the Act. The Act also authorizes DHS to employ one full-time equivalent position to provide technical assistance and support to communities. Moneys not appropriated at the end of the fiscal year revert to the fund for federal grants. Senate File 2406 (see Local Government) provides for the community empowerment areas.
FAMILY INVESTMENT PROGRAM. The Act includes appropriations for the Family Investment Program, or FIP (previously known as Aid to Families With Dependent Children or AFDC). With the passage of federal welfare reform, the federal funding for this program is provided in the form of an annual block grant to the state. The federal block grant is called Temporary Assistance for Needy Families or TANF. Consequently, the Act includes FIP and FIP-related program appropriations from the General Fund and from the fund created for receipt of federal funds. For FIP-related programs, approximately $116 million in combined federal and General Fund revenues are appropriated to the Family Investment Program Account.
These appropriations are directed to the Job Opportunities and Basic Skills (JOBS) Program, which provides for work and training activities for FIP participants, administrative costs, supplementation of the federal SSBG, child day care, emergency assistance to prevent homelessness, Food Stamp Employment and Training Program, Family Development and Self-Sufficiency Grant Program, and increasing participation in vocational and postsecondary training. Other allocations are directed to family support programs, pregnancy prevention grants, and technology needs. A prior year appropriation for computerization of the eligibility determination process for assistance programs known as "X-PERT" is retained for use in FY 1998-1999.
House File 2468 (see Human Services) establishes an electronic benefit transfer program in DHS. Under S.F. 2410, any retailer fees would not apply until the program is expanded outside the current pilot project counties. In addition, a target date of July 1, 2000, is established for statewide implementation of the program and participants are to receive a certain number of transaction and lost card replacements without charge.
The maximum time period allowed for postsecondary education for FIP participants is limited to a total of 24 months within a 36-month period.
The Family Development and Self-Sufficiency (FaDSS) Program uses grants to provide special assistance to FIP families deemed at-risk of long-term dependence upon FIP. The Act provides for the program to expand statewide during FY 1998-1999. The Act requires DHS to work with the FaDDS Council in developing performance measures for the FaDDS Program. In addition, the Act provides funding for various initiatives to divert families from enrolling in the FIP Program and to assist current participants in overcoming barriers to obtaining employment. This funding was provided on a pilot basis in the previous fiscal year and is now expanded. Additional pilot projects are funded, including services to noncustodial parents and young parents, implementation of a parental obligation project, study of welfare reform impact upon families, and implementation of the domestic violence option required by the Act.
Previous law allowed certain FIP participants to be credited with the first $50 of child support ordered for the participant and collected by the state. The Act eliminates this credit for all FIP participants effective July 1, 1998.
There is considerable shifting between state and federal appropriation sources in the Act and authorization is provided for unspent moneys to be retained for future fiscal years. The Act authorizes DHS to transfer among appropriations if necessary to meet federal requirements.
The Act also authorizes DHS to utilize emergency rulemaking procedures for changes in the FIP, Food Stamp, and Medical Assistance (Medicaid) programs as necessary to comply with federal requirements.
EMERGENCY ASSISTANCE. The Act maintains the previous level of funding for the Emergency Assistance Program through a combination of General Fund and TANF moneys. The Act establishes a maximum grant level of $500 per family in any 12-month period. The Act requires DHS to continue the process for retaining refunds or rent deposits returned to the state under the Emergency Assistance Program, and continues the allocation of $10,000 to the Community Voice Mail Program.
MEDICAL ASSISTANCE (Medicaid). Overall, the Act increases the appropriation for medical assistance (MA) in comparison with the FY 1997-1998 appropriation, mainly due to increases in provider reimbursement rates, a decrease due to estimated changes in eligibility and utilization, an increase due to a change in the federal match rate, a decrease due to increased child support recoveries, a decrease for medical transportation due to decreased caseloads, an increase due to inflation for mental health centers, and an increase to expand physical disabilities waiver slots. The Act does the following:
HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. The Act provides a slight increase in the appropriations compared with FY 1997-1998 for the Health Insurance Premium Payment Program.
CHILD HEALTH CARE PROGRAM. The Act appropriates $7 million to DHS for maintenance of the State Children's Health Insurance Program and receipt of federal financial participation, and provides for periodic updates on expenditure of funds and requires use of a concise application form to facilitate coordination of this program and the Medical Assistance Program. House File 2517 (see Business, Banking & Insurance) contains the statutory provisions.
MEDICAL CONTRACTS. The Act provides a decrease in the appropriation compared with the FY 1998 appropriation and provides all of the following:
STATE SUPPLEMENTARY ASSISTANCE. This appropriation is an increase to maintain the federal maintenance of effort requirement for the program. The Act requires DHS to increase the personal needs allowance for residents of residential care facilities at the same rate and at the same time that federal Social Security income and benefits are increased. The Act also authorizes DHS to use up to $75,000 of the appropriated amount for a rent subsidy program for certain adults who are receiving assistance under a medical assistance home and community services-based waiver.
CHILD DAY CARE ASSISTANCE. This appropriation, combined with an increased appropriation of TANF funds, maintains the current level of funding for the program. The appropriation provides funding for protective child care assistance, state child care assistance, and child day care resource and referral services. The Act does all of the following: CHILD SUPPORT RECOVERY.
The Act provides an increase in the appropriation compared with FY 1998. The Act requires the Child Support Recovery Unit (CSRU) to continue to work with the Judicial Department to determine the feasibility of a pilot project using a court-appointed referee for determination of child support awards, if initiated by the Judicial Department. The Act requires DHS to expend not more than $50,000 to continue the child support public awareness campaign located in the Office of the Attorney General, requires DHS to continue the community service pilot project for absent parents who are ordered to perform community service for failure to pay child support, and provides that surcharges paid by obligors and received by CSRU as a result of referral of support delinquency by the CSRU to any private collection agency are appropriated to DHS to pay the costs of any contracts with the collection agencies.
JUVENILE INSTITUTIONS. The Act provides for an increase in the funding for the Iowa Juvenile Home at Toledo and the State Training School at Eldora. The Act continues the limitation on the population levels to the population guidelines established in 1990 and provides for use of funds appropriated for grants for adolescent pregnancy prevention services.
CHILD AND FAMILY SERVICES. The appropriation for the Division of Child and Family Services of DHS is an increase in the appropriation compared with the previous fiscal year. The Act provides for continuation of the funding cap for group foster care at an increased level over the previous fiscal year, limits the amount that may be expended under the appropriation for psychiatric medical institutions for children (PMICs), and prohibits amending the current managed mental health care contract to include PMICs. If annualization of a region's current expenditures indicates the region is at risk of exceeding its overall funding cap by more than 5 percent, DHS and Juvenile Court Services are to examine current group foster care placements to identify children who may be appropriate for termination from the program. Dispositional hearings are to be set for those identified. In a provision that takes effect upon enactment, May 19, 1998, the provisions in Code Section 232.143, relating to the funding cap for foster care, which apply to the juvenile court are to instead apply to the Juvenile Court Services staff. In addition, DHS and Juvenile Court Services staff are to implement utilization management criteria for group foster care placements to be used for making recommendations to the court.
The Act allocates funding for 50 highly structured juvenile program beds that may be used for group foster care and directs DHS to perform an evaluation of residential treatment programs for children. The department is to establish a goal that not more than 15 percent of children placed in federally funded foster care be placed for more than 24 months. The Act authorizes funding for a performance-based contract to secure federal SSI benefits for children placed in foster care; provides for use of funds under this appropriation for emergency family assistance in certain circumstances; limits funding for shelter care services; authorizes funding to develop a computer system for adoption and foster care information; continues funding for improving DHS staffing of foster care and adoption services; continues authorization for DHS to adopt rules to implement outcome-based child welfare services pilot projects; and authorizes development of a performance-based monitoring program to evaluate and improve outcomes for children and families.
The Act allows DHS to continue the clinical assessment and consultation teams (CACT) until October 31, 1998. The teams are to be replaced after that date with a new model, which includes a toll-free number for preauthorization. Under the FY 1997-1998 appropriations Act, a new model was to have been implemented by June 30, 1998. The department is to work with the child welfare services work group, created by the Legislative Council, to develop initiatives to increase receipt of federal Social Security Title IV-E funding for children in foster care. These provisions take effect May 19, 1998.
CONNER DECREE. The Act appropriates $46,000 to DHS to be used to provide training in accordance with the federal consent decree issued in 1994 regarding placement of persons with mental retardation in the least restrictive setting.
COMMUNITY-BASED PROGRAMS -- ADOLESCENT PREGNANCY PREVENTION. The General Fund appropriation, when combined with TANF and SSBG funds, is a slight decrease compared with the appropriation in FY 1997-1998. The Act provides that funds are to be used to provide adolescent pregnancy prevention grants that are broad-based, focus on abstinence, and are targeted to middle schools. The Act provides that it is the intent of the General Assembly that DHS and the Iowa Department of Public Health continue to identify existing abstinence education or community-based programs that comply with the requirements of federal law to match federal abstinence education funds. The Act also appropriates funds for child abuse prevention grants.
COURT-ORDERED SERVICES PROVIDED TO JUVENILES. The Act maintains the current level of funding compared with the appropriation for the previous fiscal year. The Act provides for continuation of planning groups established by each judicial district for review of expenditures under the appropriation. The Act provides that the provisions allowing funds under the appropriation to be allocated as determined by the State Court Administrator, on or before June 15, 1998, are effective May 19, 1998.
The Act provides for the transfer of not more than $580,000 to the appropriation for the Division of Child and Family Services to be used to provide school-based supervision of children adjudicated delinquent.
MENTAL HEALTH INSTITUTES. This appropriation provides for a decrease in the overall appropriation compared with the appropriation for FY 1998. The allocations to the Cherokee and Independence Mental Health Institutes are decreased, while the allocations to the Clarinda and Mount Pleasant Mental Health Institutes are increased. The allocation for Clarinda includes an increase for direct care staff to meet licensure and certification requirements. The increase at Mount Pleasant includes additional funding and full-time equivalent (FTE) positions to open a nine-bed dual diagnosis unit to provide psychiatric treatment and substance abuse treatment simultaneously and on a net budgeting basis. The Act requires the State Mental Health Institute at Independence to continue an accounting test of net state budgeting and to establish 30 psychiatric medical institution for children (PMIC) beds in a manner which does not expend state funds in excess of the funds appropriated or make counties responsible for the costs. The Act designates the revenues attributable to PMIC beds that are to be deposited in the institute's account. The Act requires DHS to provide persons being discharged from an institute with assistance in obtaining federal benefits under federal Supplemental Security Income (SSI). The Act also requires the institutes to implement a net state budgeting accounting test and to submit a status report in October 1999, and a preliminary report in January 1999, regarding the advantages and disadvantages of the approach and making recommendations.
STATE HOSPITAL-SCHOOLS. This appropriation is a significant decrease in the appropriation compared with the previous fiscal year because only the net amount needed is appropriated. In previous fiscal years, the appropriation included amounts that were later reimbursed by federal and county governments and deposited in the General Fund. The Act requires DHS to continue the net state budgeting pilot project at Glenwood State Hospital-School and to implement a net state budgeting project at Woodward State-Hospital School. The Act requires that county receivables billed but not yet received are included in the schools' FY 1998-1999 year-end balances if the billables are received within 90 days of the original billing date, and allows Woodward to draw upon the General Fund of the State in an amount equal to the receivables amount which is not received. The Act also provides that, subject to DHS approval, revenues attributable to the state-hospital schools for FY 1998-1999 are to be deposited into each school's account and designates the funding sources that are to be so deposited. The Act also requires that the FY 1998-1999 reports of the schools include a listing of items for which depreciation reimbursement funds would have been utilized if the fund had been retained by the institution. The Act authorizes DHS to implement a pilot project to bill for state hospital-school services using a scope of services approach for private providers of ICF/MR services in a manner which does not shift costs between current funding sources, and authorizes the schools to expand the time limited assessment and respite services during FY 1998-1999.
MENTAL ILLNESS SPECIAL SERVICES. This appropriation maintains the current level of funding, requires DHS and the Iowa Finance Authority to develop methods to finance community-based facilities, provides that the funds appropriated are for construction and start-up costs to develop community living arrangements to provide for persons with mental illness who are homeless, and provides that the funds may be used to match federal grant funds.
FAMILY SUPPORT SUBSIDY PROGRAM, SPECIAL NEEDS GRANTS AND STATE CASES. The appropriation for the Family Support Subsidy Program provides a slight increase compared with FY 1997-1998 to provide for a cost-of-living adjustment. The Special Needs Grant Program appropriation maintains the current level of funding for the program. The state cases appropriation provides an increase compared with the previous fiscal year. The state cases appropriation also allocates funds for the costs of the reimbursement increase provided in the reimbursement section of the Act for sheltered work, work activity, supported employment, supported work training, and adult residential services paid by the state under a state purchase of social services contract.
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES -- COMMUNITY SERVICES FUND. This appropriation maintains the current level of services while transferring the FY 1997-1998 rate increase for sheltered workshop and work activity mental retardation services providers to the Community Services Fund. Moneys are distributed to counties according to a population and poverty formula, 50 percent of the moneys from the fund must be used for contemporary services according to rules adopted by DHS, funding continues for the Iowa Compass Disability Services Information and Referral Program, block grant funds distributed to counties for local purchase of services are to be expended by counties in accordance with the county's approved county management plan and a county without an approved plan is prohibited from receiving funds until the plan is approved, and the Act specifies that a county is eligible for funding through the Community Mental Health Services Fund if the county meets the requirements for receiving property tax relief funds and allowed growth funds.
COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT. This appropriation provides an increase in the appropriation compared with the FY 1998-1999 appropriation. The appropriation is for FY 1999-2000 to adjust the FY 1999 county mental health, mental retardation, and developmental disabilities allowed growth factor. The appropriation is made two years in advance to allow counties to budget accordingly. The Act provides that the allowable growth factor for FY 1999-2000 is 2.48 percent of the counties' FY 1997 budgets. House File 2545 (see Local Government) contains the provisions on expenditure of these moneys.
PERSONAL ASSISTANCE. This appropriation maintains the current level of funding to continue the Personal Assistance Services Program, a pilot program for persons with physical disabilities in an urban and a rural area. The Act prohibits the pilot project and any federal home and community-based waiver developed under the Medical Assistance Program from being implemented in a manner which would require additional county or state costs for assistance provided. The Act also includes intent language placing priority on new applicants with education and employment needs and providing that current applicants who may receive similar services under other programs are to be assisted in attaining eligibility for those programs. The Act also provides that funds remaining for the pilot project at the close of the fiscal year do not revert to the General Fund of the State.
FIELD OPERATIONS, GENERAL ADMINISTRATION AND VOLUNTEERS. The appropriation for field operations provides for a slight increase compared with the previous fiscal year. The appropriation for general administration is an increase compared with the previous fiscal year. The Act provides that a portion of the funds for general administration is allocated for the Prevention of Disabilities Policy Council, while another portion of the funds is to be transferred directly to the state University of Iowa for the university-affiliated program for the support of the Iowa Creative Employment Options Program. The Act also provides that if an expenditure reduction or other cost-saving measure is deemed necessary to maintain expenditures within the appropriation, DHS is prohibited from implementing the reduction or other measure in a manner that reduces services funding for disability rehabilitation programs, including statewide supported employment programs, or which reduces the drawdown of federal funds. The appropriation for volunteers provides a slight increase compared with the previous fiscal year.
SEXUALLY VIOLENT PREDATORS. This appropriation is a new appropriation for the costs associated with the commitment and treatment of sexually violent predators and includes transfer of an amount to the Office of the Attorney General for associated costs, including two FTE positions.
REIMBURSEMENT FOR MEDICAL ASSISTANCE, STATE SUPPLEMENTARY ASSISTANCE AND SOCIAL SERVICE PROVIDERS. The Act does all of the following:
MOTOR VEHICLE LICENSE REINSTATEMENT PENALTY. The Act requires that civil penalty moneys collected by the Iowa Department of Transportation (IDOT) at the time that IDOT suspends, revokes or bars a person's motor vehicle license or nonresident operating privileges are to be deposited with DHS and allocated for juvenile programs and services with the initial $1 million to be appropriated among county juvenile detention homes and with the amount in excess of the initial $1 million to be allocated to judicial districts for court-ordered services for juveniles. The Governor vetoed a requirement for DHS to transfer money to juvenile detention facilities if the funds to be transferred by IDOT are less than $1 million.
STATE INSTITUTIONS -- CLOSINGS AND REDUCTIONS. The Act requires DHS to coordinate efforts in cooperation with the Iowa Department of Economic Development to develop new jobs in the area in which a state institution is to be closed or reduced in size. Additionally, DHS is instructed to take other actions to utilize any closed unit or other facilities and services of an institution.
TRANSFER AUTHORITY. The Act permits DHS to transfer funding between the following appropriations, provided the combined funding is not changed: Family Investment Program, Emergency Assistance Program, child day care assistance, child and family services, field operations, general administration, and MH/MR/DD/BI community services (local purchase).
CONFIDENTIALITY. The Act requires DHS, in cooperation with other state agencies, to develop recommendations to improve the sharing of information, including confidential information, relative to individuals receiving services from DHS or a state agency. The Act requires DHS to submit a report of the recommendations to the General Assembly on or before December 15, 1998.
CHILD ABUSE ASSESSMENT IMPLEMENTATION. The Act allows Polk County to continue to use an investigation-based model to respond to reports of child abuse until September 1, 1998, and then to implement an assessment-based approach, notwithstanding an existing requirement that all counties implement the assessment-based approach by July 1, 1998.
SUPPORTING FAMILIES OF CHILDREN WITH A DEVELOPMENTAL DISABILITY. The Act requires DHS to develop a program supporting families of children with mental retardation or other developmental disability. The program is to provide case management through MA, for those eligible, or through the department. The program is to be designed with administrative simplicity, and is directed to children eligible for ICF/MR services, home and community-based waiver for persons with mental retardation services, voluntary foster care placement, and family support subsidy. Subject to federal and other restrictions and the amount of state funding appropriated, DHS is allowed to decategorize and transfer state funding for the program. The Act requires that the program be implemented by June 30, 1999, and requires that DHS submit an initial report concerning implementation during the 1999 Session of the General Assembly, and a final report prior to implementation which includes proposed legislation for codification of the program during the 2000 Session of the General Assembly.
FINANCIAL ASSISTANCE SERVICES. The Act authorizes DHS to implement pilot programs or projects in not more than eight counties altering policies, procedures and practices to waive administrative rules involving financial assistance services which are based in state law. In addition, the department may alter provisions based in federal law if federal approval is obtained. The programs or services affected include the Family Investment Program, Medicaid, food stamps, child care assistance, emergency assistance, and child support recovery. There are restrictions on what may be altered and a requirement for notice to the public and to legislative bodies. This provision takes effect May 19, 1998.
SEXUALLY VIOLENT PREDATORS. The Act requires DHS and the Department of Corrections to work with the Office of the Attorney General in jointly establishing a task force to identify the population of sexually violent predators and to develop options appropriate for addressing public safety concerns associated with the population. The Act requires the task force to submit a report on or before January 1, 1999, to the members of the Joint Appropriations Subcommittees on Human Services and on the Justice System.
DEPENDENT ADULT ABUSE ASSESSMENT. The Act requires DHS, in consultation with the Department of Elder Affairs and the Governor's Planning Council on Developmental Disabilities, to develop an assessment-based approach to respond to dependent adult abuse reports during FY 1998-1999.
FRAUD AND RECOUPMENT ACTIVITIES. The Act provides that notwithstanding limitations to the contrary, during FY 1998-1999, DHS may expend recovered moneys generated through fraud and recoupment activities for additional fraud and recoupment activities performed by DHS or the Department of Inspections and Appeals, if the director of either department determines that the investment can be reasonably expected to increase recovery of assistance paid in error in excess of the amount recovered in FY 1997-1998 and the amount expended does not exceed the amount of the projected increase in assistance recovered.
MEDICAL AND SURGICAL TREATMENT OF INDIGENT PERSONS -- STUDY. The Legislative Council is requested to establish an interim committee to review the medical and surgical treatment of indigent persons in the state through the University of Iowa Hospitals and Clinics.
HAWK-I TRUST FUND. (See H.F. 2517 in Business, Banking & Insurance for statutory provisions.) The Act creates a HAWK-I Trust Fund in the State Treasury under the authority of DHS in which all state appropriations are to be deposited and used for the HAWK-I Program under Code Chapter 514I. The trust fund is separate from the General Fund of the State and moneys in the trust fund do not revert at the close of the fiscal year and are not to be transferred, used, obligated, appropriated, or otherwise encumbered except as provided under Code Chapter 514I. Interest and earnings on moneys deposited in the trust fund are credited to the trust fund.
DOMESTIC VIOLENCE OPTION -- IMMIGRANTS. The Act amends Code provisions relating to family investment agreements. A new option is provided so that a family investment agreement may include an option for a program participant to participate in a family safety plan. This option may include a temporary waiver for participation in the JOBS Program or other employment-related activities. The department is required to provide FIP eligibility for immigrants who are qualified under federal law and who have been battered or subjected to extreme cruelty.
FIP LIMITED BENEFIT PLANS. The Act amends Code provisions involving limited benefit plans under FIP. In general under prior law, if a required FIP participant did not comply with family investment agreement or other requirements, the participant and designated family members were subject to a limited benefit plan. Under prior law, a first limited benefit plan provided for three months of reduced cash assistance followed by six months of ineligibility for cash assistance. Subsequent limited benefit plans provided for six months of ineligibility for cash assistance. Under the Act, a first limited benefit plan provides for ineligibility for cash assistance for an indeterminate period which may be ended by compliance with requirements. A subsequent limited benefit plan is at least six months in duration followed by an indeterminate period which may be ended by compliance with requirements. The department is to adopt rules implementing the new limited benefit plan requirements on or after January 1, 1999.
PRIVATE AGENCY CONTRACTS. The Act requires the Auditor of State and the Director of Human Services to jointly develop a process for exempting a private agency awarded a grant, contract or purchase of service contract through DHS during FY 1998-1999 from the requirement of obtaining a certification from the Auditor of State. The Auditor of State and the director are to submit a report of the process developed to the General Assembly on or before January 1, 1999. This provision takes effect May 19, 1998.
STATUTORY REVISIONS. The Act makes all of the following statutory revisions: THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision that directs DHS to aggressively implement the MA home and community-based waiver for persons with physical disabilities as a means to further develop the Personal Assistance Services Program. Application is limited to those persons with physical disabilities who reside in a medical institution at the time of applying for assistance. The base number of persons to be served at any time is 35 and in addition, a maximum of 10 persons who are at imminent risk of placement in a medical institution are to be approved for waiver services.
  2. Language which provides that funds appropriated for the state Child Health Insurance Program do not revert to the General Fund of the State at the close of the fiscal year.
  3. Language that prohibits the expansion of prior authorization for prescription drugs under the Medicaid Program without approval of the General Assembly.
  4. Language which specifies the General Assembly's intent that the requirements of the Conner Decree, requiring the development of appropriate community supports and services for community placement of persons residing at the state hospital-schools, also apply to the University of Iowa Hospital-School, and requires that the Board of Regents submit recommendations to the General Assembly for codification of admission requirements under the Conner Decree.
  5. Language that requires DHS to reimburse a county when DHS reduces the number of FTE positions responsible for mental health or mental retardation services in a local office, thereby requiring the county to assume responsibilities previously performed by the DHS positions.
  6. Language providing an MA reimbursement increase beginning July 1, 1998, for pharmacist services that is 2 percent over the rate in effect on June 30, 1998.
  7. Language that requires DHS to make up from any of its appropriations any shortfall in revenues earmarked for juvenile detention.
  8. Language providing that revenues generated and moneys appropriated in the Act to the Glenwood and Woodward State Hospital-Schools do not revert to the General Fund but remain available for FY 2000.
  9. Language requiring that contracts entered into by DHS in FY 1998-1999 which exceed $150,000 are to include a penalty for failure to meet performance expectations, noncompliance, or any other breach of contract, in addition to any other remedy under law.
SENATE FILE 2418 - Appropriations -- State Government Technology and Operations (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys to the Iowa Communications Network (ICN) and to other entities for technology-related purposes, provides for the procurement of information technology, and establishes the IowAccess System. Portions of the Act take effect May 21, 1998.
Moneys are appropriated from the General Fund of the State for debt service associated with the ICN, for the subsidization of video rates for certain authorized users of the ICN, and for the transfer of two full-time equivalent positions from the Public Broadcasting Division of the Department of Education to the Iowa Telecommunications and Technology Commission (ITTC). The ITTC is directed to file a quarterly report electronically with the Legislative Fiscal Bureau including information relating to each state agency or department for which equipment is purchased, the equipment purchased, the cost of such equipment, and the amount received from the state agency or department as reimbursement for such purchases.
The Act appropriates $75,000 from the General Fund of the State to the Legislative Council to retain a consultant to study and review potential options related to the disposition of the ICN, and potential options related to a change in the management structure of the network.
The Act appropriates moneys from the General Fund of the State to the Public Broadcasting Division of the Department of Education to provide support functions related to the network and for allocation to the regional telecommunications councils. The regional telecommunications councils are to use the funds allocated to provide technical assistance for network classrooms, planning and troubleshooting for local area networks, scheduling of video sites, and other related support activities.
Moneys are appropriated to the Division of Information Technology Services of the Department of General Services for providing information technology services to state agencies.
The Act establishes a Reversion Technology Initiatives Account under the control of the Division of Information Technology Services for the purpose of supporting various technology programs and projects, as prioritized in the Act. This section takes effect May 21, 1998.
The Act provides for monthly reports from the executive branch agencies and departments, the State Board of Regents, the Judicial Department, the Legislative Computer Support Bureau, and each office of a statewide elected official other than the Governor, regarding the implementation of century date change programming. This section takes effect May 21, 1998.
The Act establishes the IowAccess System for the purpose of allowing electronic access to public records. The Act sets forth the powers and responsibilities of governmental agencies as lawful custodians of a public record. The Act provides funding for IowAccess in an amount not to exceed $400,000 for the 1998-1999 fiscal year.
The Act makes other miscellaneous changes related to century date change programming and the ICN which take effect May 21, 1998.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision limiting overall expenditures by the ITTC to $32 million.
  2. A requirement that the ITTC establish budget units and accounts using the state budget system and the Iowa finance and accounting system.
  3. A requirement that the head of the Division of Information Technology Services is subject to Senate confirmation.
  4. A requirement that the ITTC, prior to obligating any funds for the replacement of optical components, must submit the proposed expenditure to the Legislative Oversight Committee of the Legislative Council.
  5. A provision eliminating the Reversion Technology Initiatives Account unless reauthorized during the 1999 Regular Session of the General Assembly.
  6. A directive that the Legislative Council initiate a progress audit concerning the implementation of century date change programming.
  7. A prohibition on the privatization of the IowAccess System prior to February 1, 1999.
  8. The creation of an IowAccess Advisory Council, and provisions establishing the duties and responsibilities of the council.
  9. A prohibition on new connections to the ICN (network) except for a connection where the construction associated with the connection has commenced on or before June 30, 1999.
HOUSE FILE 2210 - Appropriations -- Energy Conservation Trust Funds (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act provides for the appropriation from Oil Overcharge Account funds for the 1998-1999 fiscal year to the departments of Human Rights, Natural Resources and Transportation for energy conservation programs and provides for the dissolution of the Energy Fund Disbursement Council on June 30, 2003, and the Intermodal Revolving Loan Fund by July 1, 2019. This Act also eliminates the June 30, 2000, repeal of the Energy Conservation Trust.
HOUSE FILE 2218 - Federal Block Grant Appropriations (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys to various state agencies for the federal fiscal year beginning October 1, 1998, and ending September 30, 1999, from the following federal block grants: Substance Abuse Prevention and Treatment, Community Mental Health Services, Maternal and Child Health Services, Preventive Health and Health Services, Drug Control and System Improvement, Stop Violence Against Women, Local Law Enforcement, Residential Substance Abuse Treatment for State Prisoners, Community Services, Community Development, Low-Income Home Energy Assistance, Social Services, and Child Care and Development. See S.F. 2410 for appropriations of the federal Temporary Assistance for Needy Families (TANF) Block Grant and supplementation of the Social Services Block Grant.
The Act requires that moneys be distributed in accordance with the applicable federal requirements. The Act establishes a procedure if more or less federal funding is received than predicted. In addition, the Act appropriates other federal grants, receipts and funds, and other nonstate grants, receipts and funds available in whole and in part for the state fiscal year beginning July 1, 1998, and ending June 30, 1999.
The Act provides that if the Governor determines that federal low-income home energy assistance funds are insufficient, the Iowa Utilities Board is to issue an order prohibiting disconnection of service from November 1 through April 1 if the household income falls at or below 150 percent of the federal poverty level.
HOUSE FILE 2271 - Obsolete and Unnecessary Code Provisions Corrections (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act includes sections of the Iowa Code and Session Laws which state agencies, funded through the Joint Appropriations Subcommittee on Administration and Regulation, found to contain requirements for unneeded reports, unfunded requirements or obsolete provisions.
ETHICS AND CAMPAIGN DISCLOSURE BOARD. Code Section 49.51 is amended by striking a requirement that sample ballots be sent to the Ethics and Campaign Disclosure Board.
DEPARTMENT OF COMMERCE. The amendment to Code Section 502.202 strikes the exemption from registration and certain filing requirements for securities issued by industrial loan companies that are members of the Industrial Thrift Guaranty Corporation.
Code Section 505.13, subsection 2, requires a semiannual report to the General Assembly regarding the state of the insurance business. This subsection is stricken.
Code Chapter 144C contains the Community Health Management Information System which was to be implemented in phases commencing from July 1, 1997. This Code chapter is repealed effective February 28, 1999.
Code Sections 523G.10 and 523G.11 relate to registration and the powers and duties of the Commissioner of Insurance for invention development services. Implementation of these sections is dependent upon an appropriation that has not been enacted. These sections are repealed.
The Act strikes from Code Section 7A.4, requirements for annual reports of the Accountancy Examining Board and the Engineers and Land Surveying Examining Board.
Struck from Code Section 272C.4 is a requirement that each licensing board governed by the Code chapter submit a report to the legislative committees on State Government.
The Act also strikes from Code Section 542C.3 a requirement that the Accountancy Examining Board submit a biennial report to the Governor of moneys handled and general information of persons licensed.
Code Sections 542B.10, 544A.4 and 544B.6 are repealed. These Code sections require annual or periodic reports to the Governor and other persons relating to the licensure of registered architects, landscape architects and professional engineers.
DEPARTMENT OF INSPECTIONS AND APPEALS. A paragraph under Code Section 135C.2, providing for a nine-member committee to monitor three-bed to five-bed residential care facilities, is struck.
DEPARTMENT OF GENERAL SERVICES. Code Section 18.3 is amended by adding a new subsection to provide for the insuring of motor vehicles owned by the state.
Code Section 18.6, subsection 12, is stricken. This subsection provides that waste management information and an offer to review waste management practices be given to potential contractors when contracts for purchase of items are offered to the Department of General Services.
Code Section 18.12, subsection 9, is amended to change references from "telephone" to "telecommunications."
Code Section 18.16, subsection 2, is amended to allow the Director of General Services flexibility in making rental and lease payments.
Code Section 18.18 is amended to remove commencement dates for certain environmental projects, such as using soybean-based ink, and to remove reference to starch-based plastic products as a recyclable product.
Code Section 18.20 is amended to remove past dates and reference to a report due in 1990.
Code Section 18.28 is amended to strike part of the definition of the word "printing."
Code Section 18.115 is amended to change the name "Vehicle Dispatcher" to "State Fleet Administrator," strike references to past effective dates, and remove intent language relating to the Midwest Energy Compact and the promotion of motor vehicles equipped with engines using alternative means of propulsion.
This Act also changes references to "Superintendent of Printing" to "State Printing Administrator" and "State Vehicle Dispatcher" to "State Fleet Administrator" where these references appear in the Iowa Code.
Code Sections 18.41, 18.55, 18.56, 18.76, 18.78, and 18.79 are repealed. These sections provide procedures for endorsing each bid that is accepted; establish procedures for making separate charges for a printing order for more than one officer, board, department, or agency; establish procedures for the filing, examination and approval of bills for printing; establish detailed procedures for editing, revising, condensing, and printing a manuscript; provide appeals procedures for disagreements as to the editing of a manuscript; and require the State Printing Administrator to keep detailed records of each report or document printed and the number and manner of distribution.
DEPARTMENT OF PERSONNEL. Code Section 19A.9 is amended to strike subsection 24, which establishes the Career Executive Program, now considered obsolete.
DEPARTMENT OF REVENUE AND FINANCE. Code Section 422.75 is amended to require the Department of Revenue and Finance to prepare and publish annually statistics with respect to the income, sales, services, and franchise taxes under Code Chapter 422. The annual report of the department will include these statistics and the reports required of the State Board of Tax Review and the Director of Revenue and Finance.
SECRETARY OF STATE. Code Section 50.19 is amended to allow for the disposal of copies of tally lists from each county if the tally lists are electronically recorded.
HOUSE FILE 2395 - Supplemental and Other Appropriations and Miscellaneous Provisions (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes.
Division I - Supplemental Appropriations
This Division makes supplemental appropriations for FY 1997-1998 from various funds to the agencies specified as follows:
  • Department of General Services - $60,000 for utility costs.
  • Department of General Services - combines two previous appropriations for parking lot and other exterior State Capitol Building improvements into a single appropriation of $730,750.
  • Department of Corrections - $2,200,000 for construction of buildings to provide work space for inmates.
  • Department of Education - $720,000 for subsidization of video rates.
  • Department of Education, Division of Public Broadcasting - $150,000 for a study of digital television conversion.
  • Department of Natural Resources - two separate appropriations amounting to $595,000 for payment of sick leave for retiring personnel.
  • Department of Natural Resources - an additional year is authorized for use of a previous appropriation of marine fuel tax receipts for capital projects.
  • Judicial Department - $1,700,000 for design and development of a new judicial building.
  • Judicial Department - an increase in the court collections retained by the court from $4 million to $6 million. These moneys are used by the court for technological improvement projects.
This Division takes effect May 21, 1998.
Division II - Lottery Appropriations
Division II appropriates or transfers excess lottery revenues from FY 1994-1995 to the agencies specified for use as follows:
  • Department of General Services, Division of Information Technology Services - $125,000 for development and start-up costs to implement a single contact repository for nursing home administrators and others to electronically perform criminal and abuse registry checks of prospective employees.
  • Department of Human Services - $125,000 for a grant to a county for implementation of the county's runaway child assessment and treatment plan.
  • Department of Personnel - $125,000 to support employees assigned to the State Employee Deferred Compensation Program.
Any of the excess lottery moneys remaining unexpended are to be transferred to the General Fund of the State.
Of the excess lottery revenues from FY 1994-1995 which were previously appropriated for health information systems, $90,000 is to be transferred to the Department of Inspections and Appeals to be used to contract for the performance of building inspections. A corresponding decrease of $90,000 is made from the FY 1998-1999 General Fund appropriation to the Department of Inspections and Appeals for this purpose.
Fiscal Year 1998-1999 lottery funds are transferred to the General Fund of the State rather than to the CLEAN (Committing the Lottery to Environment, Agriculture, and Natural Resources) Fund as the Iowa Code currently requires.
This Division takes effect May 21, 1998.
Division III - Miscellaneous Statutory Changes
The Act includes the following miscellaneous provisions:
  • Technical and conforming corrections involving various 1998 enactments, including legislation for deer hunting licenses for nonresidents.
  • Amendment of Code Section 69.2, relating to what constitutes a vacancy in an elective office, to provide that temporary active military duty or temporary service with another government entity does not constitute a vacancy. This provision takes effect May 21, 1998.
  • A requirement that the Department of Inspections and Appeals work with other state agencies in establishing a single contact registry for nursing home and other providers of care to have electronic access to data to perform background checks of prospective employees who have direct contact with service consumers. The list of employers required to perform the checks is expanded to include elder group homes and assisted living facilities.
  • Amendment of S.F. 2406 (see Local Government), relating to School Ready Children Grants, to move a submission date for grant plans from January 1, 1999, to December 1, 1998.
  • Revision of the formula for distribution of the appropriation for community college vocational-technical technology improvement in Code Chapter 260A to base distribution on each community college's share of the overall enrollment.
  • An increase of the standing appropriation for at-risk education programs from $15,170,000 to $15,360,000 with a corresponding increase in the standing allocation for Child Development Coordinating Council programs.
Division IV - Railroad Revolving Loan Fund
This Division creates a Railroad Revolving Loan Fund to be used by the Iowa Department of Transportation to provide loans for railroad-related improvements. The loan fund's initial funding source is an appropriation of an amount equal to the amount of loan repayments in excess of $1.19 million made under Code Section 327H.18, relating to railroad assistance, and under Code Chapter 327I, relating to the Railway Finance Authority.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
HOUSE FILE 2498 - Appropriations -- Administration and Regulation (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates approximately $86.6 million to various state departments, agencies, boards, offices, commissions, and certain other interstate and national entities under the funding jurisdiction of the Joint Appropriations Subcommittee on Administration and Regulations for the fiscal year beginning July 1, 1998, and ending June 30, l999.
This Act funds the Auditor of State; Iowa Ethics and Campaign Disclosure Board; Department of Commerce; Department of General Services; Office of Governor, including the Lieutenant Governor and Terrace Hill; Department of Inspections and Appeals; Department of Management; Department of Personnel; Iowa Public Employees' Retirement System; Department of Revenue and Finance; Secretary of State; Office of State-Federal Relations; and Treasurer of State. The Act also appropriates funding for the state's membership on the Commission on Uniform State Laws, the National Conference of State Legislatures, the Council of State Governments, the National Conference of Insurance Legislators, and the National Governors Association.
The Department of Inspections and Appeals may provide for health facility construction inspections, shall develop and implement a statewide education program for care review committee members, and shall review the need for a state licensing program for home health agencies. In addition, the department shall cooperate with the Department of Human Services, the Iowa Foundation for Medical Care, and the Iowa State University Social and Behavioral Research Center for Rural Health to implement a Positive Incentives for Nursing Care in an Iowa Nursing Home Pilot Project. The department is directed to implement a single contact repository for criminal history, child abuse, adult abuse, and sex offender registries, and nurse aide and other health professional certification and licensing information. Funding for this repository and additional statutory provisions are provided in H.F. 2395.
The state Racing and Gaming Commission is directed to require jockeys or drivers, trainers and handlers to submit to drug and alcohol testing pursuant to rules adopted by the state commission, but the procedures and standards of S.F. 2391 are not to be followed. The state commission is also authorized additional funding if a tenth excursion gambling boat is opened during FY 1999.
The Iowa Public Employees' Retirement System Division of the Department of Personnel is authorized funding for a headquarters building and to conduct studies of a statewide deferred compensation plan to study the feasibility of including adjunct professors at community colleges and regents universities as members of IPERS, and for a comprehensive examination of plan design of benefit parity issues of retirement systems under Code Chapters 97A, 97B and 411.
Funding is also provided to the Department of Management for law enforcement training reimbursements and the Council on Human Investment.
This Act includes statutory provisions transferring voter registration responsibilities to the State Commissioner of Elections.
This Act also provides for the phase-out of the Community Health Information System and repeals a provision relating to recommendations from the Insurance Division of the Department of Commerce for implementation of and a financing mechanism for health care coverage for Iowans. Funds are also provided for a Health Insurance Reform Program and a Health Insurance Oversight Program.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision appropriating moneys from the Innovation Fund for training in the Office of Auditor of State.
  2. A provision requiring the state Racing and Gaming Commission to adopt rules for drug and alcohol testing of jockeys or drivers, trainers and handlers consistent with the procedures and standards for the testing of persons under Code Section 730.5, as amended by S.F. 2391 (see Criminal Law, Procedure & Corrections).
  3. A provision requiring the reporting of cellular telephones usage to the Joint Appropriations Subcommittee on Administration and Regulation and the Legislative Fiscal Bureau.
  4. A provision requiring the Department of General Services to recommend a reimbursement to the City of Des Moines for police and fire protection of state-owned facilities.
HOUSE FILE 2499 - Appropriations -- Transportation (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes appropriations from the General Fund of the State, the Road Use Tax Fund, the Primary Road Fund, and the Motorcycle Rider Education Fund to the Iowa Department of Transportation (IDOT).
Appropriations from the General Fund of the State include appropriations for railroad lines, airport engineering studies, civil air patrol, and planning and programming.
Appropriations from the Road Use Tax Fund include appropriations for license plate production costs, salaries, operations, motor vehicles, unemployment and workers compensation, audit expenses, membership in the North America's Superhighway Corridor Coalition, a system providing toll-free telephone road and weather reports, a scale facility in Fremont County, and indirect cost recoveries.
Appropriations from the Primary Road Fund include appropriations for salaries, operations, planning and programming, project development, maintenance, motor vehicles, equipment, the merit system, unemployment and workers' compensation, disposal of hazardous wastes at field locations, indirect costs, wastewater handling, roof replacement at field facilities, field garages, operations, compliance with the federal Americans With Disabilities Act at department facilities, construction of salt storage facilities, and remodeling of the administration building at Ames.
An appropriation from the Motorcycle Rider Education Fund is made for a mobile motorcycle education program.
The Act reduces the amount credited to the General Fund of the State from the funds collected on each title issuance from 25 cents to 10 cents for FY 1998-1999, and no funds shall be appropriated from title issuance fees to the General Fund of the State after FY 1998-1999. All fees shall be deposited in the Road Use Tax Fund after FY 1998-1999.
The Act requires the IDOT to issue electronic project bid notices to the targeted small business web page at the Department of Economic Development 48 hours prior to the issuance of all project bid notices.
The Act limits the IDOT from mowing roadside vegetation on certain rights-of-way or medians on primary or interstate highways.
The Act eliminates the requirement that fines and fees attributable to commercial vehicle violations be first deposited in the Iowa Prison Infrastructure Fund before being deposited in the Road Use Tax Fund.
HOUSE FILE 2533 - Appropriations -- Education (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys from the General Fund of the State to the College Student Aid Commission, the Department of Cultural Affairs, the Department of Education, and the State Board of Regents and its institutions. This year's Act appropriates a total of $863.3 million and provides 17,252.84 full-time equivalent positions (FTEs), which is approximately $2.2 million and 20.8 FTEs above the Governor's recommendations. This year's education appropriations Act exceeds the appropriations made in last year's Act (1997 Iowa Acts, Chapter 212) by approximately 1.61 percent.
COLLEGE STUDENT AID COMMISSION. The Act appropriates moneys to the College Student Aid Commission for general administrative purposes, forgivable loans to Iowa students attending the University of Osteopathic Medicine and Health Sciences, an initiative directing primary care physicians to areas of the state experiencing physician shortages, student aid programs, the National Guard Tuition Aid Program, the Chiropractic Graduate Student Forgivable Loan Program, and the Stafford Loan Program, and increases moneys for Iowa and vocational-technical tuition grants. Compared to FY 1998, the commission receives an increase of 7.42 percent.
The Act creates the Industrial Technology Forgivable Loan Program and funds it with a standing appropriation from the General Fund of the State in the amount of $90,000. The program is open to residents of the state enrolled as sophomores, juniors or seniors in the area of industrial technology education at a regents university, an accredited private postsecondary institution or a community college. The loan recipient's total loan amount is reduced by 20 percent for each year in which the recipient remains an Iowa resident employed by a school district or accredited nonpublic school as an industrial technology teacher.
Funds remaining in the Scholarship and Tuition Grant Reserve Fund from fiscal years 1997 and 1998 are transferred to the commission to be used for Iowa Vocational-Technical Tuition Grants. The Act also expands the classes for which vocational-technical tuition grants may be used to include all classes, including liberal arts classes, needed to complete a student's vocational-technical or career option program. Also, the time limit for a vocational-technical tuition grant may be extended for one additional enrollment period for a student who is making satisfactory academic progress but cannot complete a vocational-technical or career option program in the grant time frame because additional classes are required to complete the program. The commission is also directed to establish a late application deadline of August 1 or later for new applicants and to reserve at least $63,000 in tuition grant moneys for the late applicants.
The Act also increases the maximum amount of a tuition grant to a qualified full-time student from $3,400 to $3,650.
DEPARTMENT OF CULTURAL AFFAIRS. The Act funds the Arts, Historical and Administration divisions of the Department of Cultural Affairs, historic sites, the Local Arts Comprehensive Educational Strategies (LACES) Program, and community cultural grants. The department's total appropriation is increased by 6.9 percent over FY 1998.
The department is directed to coordinate activities with the Tourism Division of the Department of Economic Development to promote attendance at the State Historical Building and at this state's historic sites.
The Act also requires the department to include the amount appropriated for the LACES Program when calculating the amount of state financial assistance for the arts in national ranking surveys.
Statutory Provisions. The Act directs the department to encourage the use of volunteers throughout its divisions, especially for purposes of restoring books and manuscripts.
The Act repeals Code Chapter 303C, Arts and Cultural Enhancement and Endowment, but maintains within the Code the department's responsibility to administer regional conferences and a statewide caucus on arts and cultural enhancement. However, under the current Code, the department is required to convene a statewide caucus biennially, in the month of June during odd-numbered years. The Act requires the department to convene the statewide caucus every four years, beginning in June 2001. In addition, the department is directed to charge a reasonable fee for attendance at the statewide caucus.
The Act also requires the department to include the total estimated cost of the fine arts elements included in a plan and specifications for a new state building or group of state buildings when calculating the amount of state financial assistance for the arts in national ranking surveys.
DEPARTMENT OF EDUCATION. The Act appropriates moneys for purposes of the Department of Education's general administration, vocational education administration, the Board of Educational Examiners, the Division of Vocational Rehabilitation Services, independent living, the State Library, the regional library system, the Public Broadcasting Division, vocational education to secondary schools, school food service, textbooks of nonpublic school pupils, the Vocational Agriculture Youth Organization and other youth activities, family resource centers, an area education agency audit, and community colleges. The department's total appropriation is increased by 1.64 percent over FY 1998, and its FTEs are increased by 1.23 percent.
From the funds appropriated to the Vocational Rehabilitation Services Division, up to $2 million is to be used to provide services to persons without regard to an order of selection. The division is directed to seek federal waivers in order to accept assessments of clients performed by area education agencies (AEAs) or any other governmental subdivision, and to improve and increase the availability of supported employment services to Iowans.
The Act provides that if the division receives federal funding to pay the costs of additional employees who would have duties relating to vocational rehabilitation services, the Act authorizes the division to exceed the FTE position limit established in the Act and fill not more than four additional FTE positions.
The Act directs the State Library to cap reimbursement of the regents universities for participation in the Access Plus Program during FY 1999 at the total amount of reimbursement paid for their participation during FY 1998.
The Act increases funding to the regional library system by $100,000 over FY 1998 to provide salary increases to regional library employees.
The Act also provides that FY 1999 is the last year in which moneys will be appropriated for purposes of the family resource centers if legislation providing for the creation of an Iowa Empowerment Board and an Iowa Empowerment Fund, and for the appropriation of moneys to be administered by a community empowerment area, is enacted by the Seventy-seventh General Assembly, 1998 Session. Senate File 2406 provides for the creation of the Iowa Empowerment Board and the Iowa Empowerment Fund and S.F. 2366 (see Education) appropriates $5.2 million for deposit in the Iowa Empowerment Fund.
General state financial aid to merged areas is distributed according to a new formula developed by the Community College Funding Formula Task Force.
The department is directed to analyze the state-funded Reading Recovery Program expenditures for FY 1998 through FY 2000, and to provide the analysis to the General Assembly and the Legislative Fiscal Bureau not later than January 1, 1999. The Act also establishes that priority for Reading Recovery training shall be given to teachers employed by school districts and accredited nonpublic schools in Iowa. The department is required by the Act to make every reasonable effort to publicize and promote the use of the center.
The Act permits the Board of Educational Examiners to use for its own purposes during FY 1999, up to 85 percent of any funds received resulting from any increase in licensing fees it approves and implements after July 1, 1997. This provision takes effect May 8, 1998.
The Act provides that if H.F. 2395 is enacted containing a provision relating to a study of digital television conversion by the Public Broadcasting Division, the division is to include in the study, upon the request of a public radio broadcaster, a review of the tower space availability and related cost efficiencies for broadcast antennas and associated equipment for the transmission of public radio station broadcasts. The provision is enacted within H.F. 2395.
Area Education Agencies Audit. The Act appropriates $75,000 to the Department of Education for allocation to the Auditor of State for the costs of conducting an audit of the AEAs as required under the Act. The Auditor of State is directed to analyze AEA finances and operations for FY 1997 and utilize reports and information available from any other source necessary. The analysis shall include major areas of expenditure by AEA districts and a comparison by AEA of staffing levels, number of students served, purchase or lease of equipment and facilities, and funding from local school districts. The results of the analysis, and any recommendations, shall be submitted to the General Assembly and the Legislative Fiscal Bureau by January 1, 1999, and shall be utilized in the comprehensive legislative interim study of school finance requested of the Legislative Council in accordance with H.C.R. 15.
Statutory Provisions. The Act directs the Department of Education to summarize the Phase III reports filed by school districts and AEAs by November 1 annually, and the Act lists the information the summary must contain.
BOARD OF REGENTS. The Act appropriates moneys to the Board of Regents for board operations, tuition replacement, the Southwest Iowa Graduate Studies Center, the Tristate Graduate Center, the Quad-Cities Graduate Studies Center, the state University of Iowa, Iowa State University of Science and Technology, the University of Northern Iowa, the State School for the Deaf, the Iowa Braille and Sight Saving School, and the tuition and transportation costs for students residing in the Iowa Braille and Sight Saving School and the School for the Deaf. The total appropriation for the Board of Regents and its institutions is increased 0.72 percent over FY 1998.
State University of Iowa. The Department of Human Services is directed to transfer to the state University of Iowa, for the purposes of the Creative Employment Options Program, the same amount of moneys in FY 1999 as was transferred in FY 1998.
Statutory Provisions. The Act amends last year's education appropriations Act, S.F. 549, to strike language permitting unencumbered tuition replacement moneys appropriated for FY 1998 to carry over to the next fiscal year, which means those unencumbered moneys will revert to the General Fund of the State at the end of FY 1998. This provision takes effect May 8, 1998.
Each year, the General Assembly must renew the allocation of Phase III moneys to the State Board of Regents for equal distribution to the Iowa Braille and Sight Saving School and the Iowa State School for the Deaf. The Act makes the allocation a standing, limited allocation.
MISCELLANEOUS STATUTORY PROVISIONS:
First in the Nation in Education Foundation -- Reading Recovery. Effective December 31, 1998, the Act repeals the Code chapter creating the First in the Nation in Education (FINE) Foundation and Fund, along with any references to the foundation. Under the Act, the foundation after December 31 is no longer a quasi-public instrumentality, and the rights and properties of the foundation will remain with the foundation as a nonprofit corporation. The Act requires the College Student Aid Commission to administer the Iowa State Fair Scholarship currently administered by the foundation.
The current distribution in the Interest for Iowa Schools Fund, a portion of which supports FINE under current law, is changed to transfer 55 percent of the moneys in the fund to assist school districts in developing Reading Recovery programs. From these moneys, $100,000 is distributed to the Reading Recovery Center and the remainder is allocated to the AEAs in proportion to the number of children served by an AEA who are eligible for free or reduced-price meals. The remaining 45 percent of the moneys in the Interest for Iowa Schools Fund is transferred to the International Center Endowment Fund of the International Center for Gifted and Talented Education.
Community College Levy Election Delay. The Act shortens from 12 months to 355 days the time period that must pass before the board of directors of a community college may resubmit to the voters the question of whether to levy a tax on taxable property in the merged area.
New Iowa Schools Development Corporation. The distribution to the New Iowa Schools Development Corporation of $1.25 million off the top of the Educational Excellence Program appropriation is renewed for FY 1999.
AMENDMENTS TO SENATE FILE 2366 (commonly known as the Education Reform Act):
This Act amends S.F. 2366 as follows:
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision capturing funds appropriated, but never used, for historic sites last year and distributing the moneys to the Western Trails Center in Council Bluffs.
  2. A provision directing the Division of Vocational Rehabilitation Services to enter into a chapter 28E agreement with the Creative Employment Options Program at the University of Iowa to enable the division to count as a local match the state funds appropriated to the university for purposes of the program.
  3. Provisions reallocating, for FY 1999 expenditure by the Division of Libraries and Information Services for purposes of the Open Access Program, funds appropriated in FY 1998 to the Department of Education for purposes of developing an initiative to improve access to education through distance learning in postsecondary institutions and for participation in the National Assessment of Education Progress. The amounts referred to totaled approximately $42,000.
  4. A provision reallocating to the community colleges the $50,000 appropriated for FY 1998 to the Department of Education, but never spent, for rehabilitating computers for schools and libraries.
  5. Provisions amending S.F. 2366 relating to "frontier schools," including provisions establishing dates by which a district must submit a written request for a frontier school or extended school year grant and limiting grants to not more than $25,000.
  6. A provision directing the State Board of Education to require all higher education institutions providing practitioner preparation to include in their programs preparation in Reading Recovery and other reading programs.
  7. Provisions creating a two-year mathematics pilot program under the administration of the Iowa Mathematics and Science Coalition and appropriating $75,000 for the program from Phase III Educational Excellence moneys.
  8. A provision prohibiting the College Student Aid Commission from expending interest moneys earned on commission accounts until the General Assembly specifically appropriates the moneys for use by the commission.
  9. Provisions allocating Educational Excellence moneys to LACES, the Geography Alliance, the Iowa Mathematics and Science Coalition, and to the Sioux City Community School District for a listening curriculum. A provision for a standing, limited allocation to the Iowa Public Broadcasting Division for overnight transmitter feeds was also item vetoed, without affecting the allocation for FY 1999.
  10. A provision amending S.F. 2366 relating to the Instructional Leadership Pilot Program the Governor item vetoed from that Act. The program's purpose as provided in S.F. 2366 would be to reward teachers and administrators for outstanding leadership, performance and service. The provision made the board of directors of a school district responsible for determining the number of awards and the amount of the awards based upon the total awards moneys received by the district.
  11. A contingent appropriation of $200,000 in the event the Interest for Iowa Schools Fund moneys are not received by the Department of Education in FY 1999, for allocation to assist school districts in developing Reading Recovery programs.
HOUSE FILE 2539 - Appropriations -- Justice System (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys for FY 1988-1999, to the Department of Justice, Office of Consumer Advocate, Board of Parole, Department of Corrections, including correctional facilities and the judicial district departments of correctional services, Judicial Department, State Public Defender, Iowa Law Enforcement Academy, Department of Public Defense, and the Department of Public Safety, and contains related statutory provisions. Under the Act, the total appropriations to the justice system of $418.5 million reflect an increase in appropriations from the General Fund of the State of approximately $28 million from the FY 1998 appropriations.
DEPARTMENT OF JUSTICE. The Act appropriates $12.8 million to the Department of Justice, which represents an increase of $266,000 compared to the estimated FY 1998 appropriations. These appropriations include amounts for the Office of the Attorney General, the Prosecuting Attorneys Training Program, amounts for victim assistance grants to care providers providing services to crime victims of domestic abuse or rape and sexual assault, and the Governor's Alliance on Substance Abuse (GASA) Prosecuting Attorneys Program. The Act also provides an appropriation to the Office of the Attorney General to provide for legal services for persons in poverty grants. The appropriation for legal services for persons in poverty represents an increase of $100,000 from the FY 1998 appropriation.
DEPARTMENT OF CORRECTIONS. The Act increases the General Fund appropriation to the Department of Corrections by $13.4 million to $211.3 million, representing a 6.8 percent increase from the estimated FY 1998 appropriation.
The Act provides for an increase of $2.2 million and 49 full-time equivalent (FTE) positions to operate a 100-bed special needs women's unit at Mt. Pleasant. The Act also provides for an increase of $5.8 million for 12 months of operations at full capacity at the Fort Dodge prison. The Act transfers $1 million from the FY 1998 ending balance of the Prison Infrastructure Fund to the Department of Corrections for use in FY 1999. The funds are distributed to provide federal matching funds for construction of a 200-bed facility at the Mitchellville women's prison, to renovate the power plant and improve the water system at the Mitchellville women's prison, and for installation of perimeter fencing at the Mt. Pleasant prison to convert Department of Human Services beds to women's prison beds.
The Act directs the department to connect its facilities to the ICN and to cease cattle operations on lands at the Glenwood State Hospital-School but to otherwise continue to operate the correctional farms at the same or greater level as existed on January 1, 1998. The Act also requires that each correctional facility with at least 100 acres of agricultural land establish an agribusiness advisory council consisting of local persons selected by the county agricultural extension council to provide technical agricultural assistance to the facility.
INDIGENT DEFENSE. The Act appropriates an additional $163,000 for indigent defense and the State Public Defender's Office compared to the FY 1998 appropriation.
JUDICIAL DEPARTMENT. The Act provides for an additional $3.7 million in funding compared to the estimated FY 1998 appropriation. The Act provides for additional clerk of court positions, a Court Planning Division, and expansion of the Court-Appointed Special Advocate Program. The Act also provides that the maximum deposit amount for the Enhanced Court Collections Fund for FY 1999 shall be increased to $6 million instead of $4 million (this change was also applied to FY 1998, in H.F. 2395). The Act also authorizes the Iowa Court of Appeals to meet at a location other than the Supreme Court courtroom in Des Moines from May 21, 1998, until June 30, 1999.
LAW ENFORCEMENT ACADEMY. The Act appropriates an additional $47,000 for the Law Enforcement Academy, representing a 3.8 percent increase compared to the FY 1998 appropriation.
BOARD OF PAROLE. The Act provides for an appropriation of $979,000 and 18 FTE positions to the Board of Parole. This appropriation represents an increase of $22,000 (2.3 percent) and no change in FTE positions compared to the estimated FY 1998 appropriation. The Act provides an increase of $15,000 to convert a part-time Parole Board member position to a full-time vice chairperson position.
DEPARTMENT OF PUBLIC DEFENSE. The Act provides for an appropriation of $5.1 million and 257 FTE positions to the Department of Public Defense. This appropriation represents an increase of $20,000 (0.4 percent) and 14.5 (6 percent) FTE positions compared to the estimated FY 1998 appropriation.
DEPARTMENT OF PUBLIC SAFETY. The Act appropriates an additional $10.3 million to the Department of Public Safety compared to the estimated FY 1998 appropriation. The Act provides money for law enforcement officers for the new excursion gambling boat in Osceola, to establish a DNA Profiling Unit, for risk assessment analysis for the Sex Offender Registry, to replace federal and state funding for the Gang Unit, and for the Volunteer Fire Fighter Training Grant Program. Of the moneys appropriated to the Division of the Iowa State Patrol from the Highway Safety Patrol Fund, only 25 percent of the moneys are from the Motor Vehicle Use Tax Fund, and this fiscal year is the last year in which a portion of the moneys shall be from the Motor Vehicle Use Tax Fund.
MISCELLANEOUS. The Act requests the Legislative Council to extend the Criminal Sentencing Interim Study Committee through the 1998 Interim and to establish an interim committee to study private industry employment of inmates. The Act also provides that certain jacketed direct or indirect fired vessels shall be subject to inspection as pressure vessels and not as boilers by the Labor Commissioner pursuant to Code Chapter 89.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision requiring the Department of Corrections to timely fill all correctional positions authorized for correctional institutions.
  2. A provision requiring 21 days' notice to the applicable joint appropriations subcommittee of the Legislature before the Department of Corrections can enter into a contract with a private corporation for the purpose of providing employment to inmates.
  3. A provision prohibiting the Department of Corrections from placing inmates in a private prison located in Iowa without approval of the General Assembly.
  4. A provision authorizing the Department of Corrections to use moneys appropriated to the department but not expended during FY 1998 for funding up to an additional 50 correctional officers and to purchase surveillance or other safety equipment for use in correctional institutions.
  5. A provision that unobligated or unexpended funds appropriated for FY 1998 operations of the Fort Dodge prison shall be carried forward and be used to offset shortfalls in the revenues from inmate earnings in the Pay-for-Stay Program for FY 1999.
HOUSE FILE 2553 - Compensation for Public Employees (full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to and appropriates moneys for the fiscal year beginning July 1, l998, to fund salary adjustments for state appointed, nonelected officers, justices, judges, magistrates, employees subject to collective bargaining agreements, and noncontract employees. The salary rates and ranges of state nonelected officers, justices and judges are increased by approximately 3 percent. The salaries of judicial magistrates are increased by approximately 7 percent. Other state employees, except officers and employees of the State Board of Regents, will receive a 3 percent increase with the pay period beginning June 26, l998. If eligible, these state employees may also receive a step increase.
The State Board of Regents officers and employees not under collective bargaining receive pay increases similar to those received by the regents contract employees.
This Act also appropriates funds to various departments and agencies relating to the annualization of state employees' salaries. The Executive Council is directed to transfer moneys from the Health Insurance Surplus Account to the Health Insurance Premium Operating Account to reduce health insurance premiums. The noncontract, supervisory, sworn state peace officers, except Capitol Police supervisors, are to receive the same per diem meal allowance as the sworn state peace officers under contract.
This Act also provides moneys to employ a salary model administrator/coordinator to work in conjunction with the Legislative Fiscal Bureau to analyze, compare and project state employee salary and benefit information.

RELATED LEGISLATION

SENATE FILE 530 -- Enhanced E911 Emergency Telephone Systems -- Wireless Communications Surcharge and E911 Administrator (Complete summary under LOCAL GOVERNMENT.)
This Act establishes an E911 wireless communications surcharge, provides for an E911 administrator in the Department of Public Defense, expands the membership on the E911 Communications Council, and provides appropriations for the E911 administrator and for telecommunicator training.
The Act takes effect April 16, 1998.
SENATE FILE 2356 -- Telecommunications and Electric Cabling Revolving Fund and Art Restoration and Preservation Revolving Fund (Complete summary under STATE GOVERNMENT.)
This Act creates two new revolving funds under the administration of the Department of General Services: the Telecommunications and Electric Cabling Revolving Fund and the Art Restoration and Preservation Revolving Fund.
SENATE FILE 2366 -- Educational Programming and Related Provisions and Appropriations (Complete summary under EDUCATION.)
This Act relates to teachers' contracts, instructional support state aid, the budget guarantee, on-time funding, an appropriation for deposit in the Iowa Empowerment Fund, inequity reporting, the Ambassador to Education, an increase in the minimum teacher salary, and practitioner preparation criteria; and to the establishment of evaluation criteria, a Frontier School and Extended School Year Grant Program, a Beginning Teachers Induction Program, an Instructional Leadership Pilot Program, a Mathematics Pilot Program, awards to teachers for national board registration and certification, an Early Childhood Education Imperatives Program, a Teacher Internship Pilot Program, para-educator licenses, and a Practitioner Performance Improvement Program. However, the Governor item vetoed a number of the provisions of this Act, including appropriations totaling $17.4 million out of the $23.695 million approved by the General Assembly.
HOUSE FILE 8 -- State Mandates - VETOED BY THE GOVERNOR (Complete summary under LOCAL GOVERNMENT.)
This bill would have provided that, commencing July 1, l998, if a new state mandate is imposed on local governments to require the performance of a new activity, expand an activity beyond what was required before July 1, l998, or provide a new or expanded service, the state mandate must be funded.
HOUSE FILE 2494 -- Regulation of Animal Feeding Operations and Related Provisions (Complete summary under AGRICULTURE.)
This Act amends a number of provisions which apply to the regulation of animal feeding operations, including provisions regarding the Manure Storage Indemnity Fund and fees and appropriations used to support the fund.
HOUSE FILE 2545 -- County Mental Health, Mental Retardation, and Developmental Disabilities Service Funding (Complete summary under LOCAL GOVERNMENT.)
This Act relates to county mental health, mental retardation and developmental disabilities service funding and planning by providing for distribution of an FY 1999-2000 appropriation for allowed growth in expenditures, based upon a variety of factors.
HOUSE FILE 2546 -- Waste Tires and Tire-Derived Fuels (Complete summary under ENVIRONMENTAL PROTECTION.)
This Act relates to financial assurance instruments for waste tires and use of processed waste tires. The Act appropriates $200,000, from moneys used for funding alternatives to landfills, to Iowa State University for equipment and retrofitting of the heating plant at the university to burn tire-derived fuel.

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