[Dome]1999 Summary of Legislation

Published by the Iowa General Assembly -- Legislative Service Bureau

APPROPRIATIONS

Appropriations LegislationRelated Legislation
SENATE FILE 283 - Federal Block Grant Appropriations
SENATE FILE 361 - Appropriations - Substance Abuse and Sexual Abuse
SENATE FILE 366 - Appropriations - Supplemental Funding for Embedded Chips Replacement
SENATE FILE 424 - Appropriations - Transportation
SENATE FILE 460 - Appropriations - Administration and Regulation
SENATE FILE 464 - Appropriations - Education
SENATE FILE 468 - Appropriations - Justice System
HOUSE FILE 332 - Appropriations - Energy Conservation Programs Funding
HOUSE FILE 737 - Appropriations - Health and Human Rights
HOUSE FILE 745 - Appropriations - Economic Development
HOUSE FILE 746 - Appropriations - Agriculture and Natural Resources
HOUSE FILE 760 - Appropriations - Human Services
HOUSE FILE 762 - Appropriations - State Government Technology and Operations
HOUSE FILE 772 - Appropriations - Infrastructure and Capital Projects
HOUSE FILE 781 - Compensation for Public Employees
HOUSE FILE 782 - Miscellaneous Supplemental and Other Appropriations and Provisions
SENATE FILE 76 - Transportation - Reversion, Nonreversion, and Appropriation of Certain Funds
SENATE FILE 439 - Iowa Community Empowerment - Miscellaneous Provisions
SENATE FILE 465 - Accelerated Career Education Program
HOUSE FILE 147 - Funding for School Districts With Decreasing or Increasing Enrollments
HOUSE FILE 743 - Education Block Grants - Early Intervention and School Improvement Technology
HOUSE FILE 779 - Linked Investment Programs

APPROPRIATIONS LEGISLATION

SENATE FILE 283 - 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, 1999, and ending September 30, 2000, 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 H.F. 760 (Human Services) 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, 1999, and ending June 30, 2000.
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.
SENATE FILE 361 - Appropriations - Substance Abuse and Sexual Abuse(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act provides funding and establishes programs for enforcement, prevention, education, and treatment for substance abuse, especially methamphetamine abuse, and sexual abuse, and for programs for at-risk youth.
This Act appropriates moneys to the Department of Public Safety for the Division of Narcotics Enforcement to employ six narcotics enforcement agents and for the Division of Criminal Investigation to permit two criminalists within the division to focus on methamphetamine testing. The Act appropriates moneys to the department for the establishment of a clandestine methamphetamine laboratory emergency response team and specifies the members of the response team.
The Act appropriates moneys to the Department of Corrections for establishing a Youth Leadership Model Program to help at-risk youth in judicial district departments of correctional services selected by the department. Federal moneys are also transferred to the Department of Corrections for establishing two pilot program drug courts.
The Act appropriates moneys to the Department of Human Services for the State Training School at Eldora for treatment for substance abusers and sexual predators.
The Act appropriates moneys to the Iowa Department of Public Health for additional methamphetamine treatment and for development of a Model Substance Abuse Prevention Program based upon the North High School Program in Des Moines.
The Act appropriates moneys to the Governor's Alliance on Substance Abuse for a youth leadership conference on mentoring.
The Act transfers moneys from the Health Insurance Surplus Account to the Department of Personnel for development of a Labor Management Substance Abuse Education Program, with an emphasis on methamphetamine abuse.
The Act directs the Cooperative Extension Service, in association with the Institute for Social and Behavioral Research, to develop a Strengthening Families Program to assist communities providing programs for families with children between 10 and 14 years of age for prevention of substance abuse, especially methamphetamine abuse. The Act establishes a Strengthening Families Program Fund to provide matching funds to selected communities in the program. The program is to be funded, in part, through the Department of Education using state moneys appropriated for use by communities.
The Act requires that the Iowa Department of Public Health include a methamphetamine education program component in the nutrition and health-related education services it administers under the federal Special Supplemental Food Program for Women, Infants, and Children; that grant proposals submitted to the Family Development and Self-Sufficiency Council by public or private organizations for provision of family development services to families at risk of long-term welfare dependency must include methamphetamine education as part of the services; and that school districts which receive school-based youth services grants or grants for elementary schools demonstrating the greatest need for at-risk programs must provide activities and materials designed to encourage children's self-esteem, provide role modeling and mentoring techniques in social competence and social skills, and discourage inappropriate drug use.
SENATE FILE 366 - Appropriations - Supplemental Funding for Embedded Chips Replacement(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes a supplemental appropriation for FY 1998-1999 from the state's Infrastructure Fund to the Division of Information Technology Services of the Department of General Services. The supplemental appropriation of approximately $2.4 million is to be used to make state government technology and equipment Y2K compliant by providing for the replacement of embedded chips that are not compliant with requirements associated with the century date change.
This Act takes effect April 21, 1999.
SENATE FILE 424 - Appropriations - Transportation(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes appropriations for FY 1999-2000 from the General Fund of the State, the Road Use Tax Fund, and the Primary Road Fund to the state Department of Transportation (IDOT).
Appropriations from the General Fund include appropriations for railroad lines, airport engineering studies, the Iowa Civil Air Patrol, and planning and programming.
Appropriations from the Road Use Tax Fund include appropriations for license plate production costs, salaries, operations, unemployment and workers' compensation, a system providing toll-free telephone road and weather reports, and indirect cost recoveries.
Appropriations from the Primary Road Fund include appropriations for salaries, operations, planning and programming, project development, maintenance, 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, compliance with the federal Americans With Disabilities Act at IDOT facilities, and for remodeling of the IDOT administration building at Ames.
The Act amends Code Section 321.11 to prohibit IDOT from selling personal information contained in the department's records which is in the form of a person's photograph or digital image or a digital reproduction of a person's photograph. The prohibition applies whether or not an individual has elected to prohibit disclosure of the information to the general public. Collection of fees for copies of records or other incidental services provided by the department is not prohibited.
The Act amends a provision in 1998 Iowa Acts, Chapter 1212, to provide that an appropriation from the Road Use Tax Fund to the department for improvements to a scale facility in Fremont County shall not revert to the Road Use Tax Fund until August 31, 2002, and shall remain available for the designated purpose until June 30, 2002. This provision takes effect April 27, 1999.
The Act also directs IDOT to conduct three studies. The studies shall cover the hours of service for drivers of vehicles operated for hire and designed to transport more than six persons, the possible dangers of Adopt-a-Highway Program activities, and state provision of commercial truck parking.
SENATE FILE 460 - Appropriations - Administration and Regulation(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to and appropriates $110.3 million for FY 1999-2000, which includes $88.8 million from the State General Fund and $21.5 million of other funds, to 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 the 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 American Legislative Exchange Council, the Council of State Governments, the National Conference of Insurance Legislators, and the National Governor's Association. The Act also appropriates moneys for a State Strategic Plan, a Health Insurance Reform Program, a Health Insurance Oversight Program, the Official Register, and a Student Citizenship Program.
The Act makes a supplemental appropriation for FY 1998-1999 to the Department of General Services for rent and lease costs and to the Office of Governor for transition costs and for an administrative assistant for the First Lady of Iowa.
Provisions of this Act taking effect upon enactment, May 6, 1999, appropriate moneys for technology upgrades in the Office of Governor, for the Iowa Strategic Plan to the Department of Management, for office furnishings to the Treasurer of State, for the supplemental appropriations for rental and lease costs to the Department of General Services, and for transition costs to the Office of Governor.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
A provision requiring state agencies funded by the Act to eliminate vacant unfunded positions from the table of organization of the state agencies within 60 days after the vacancy occurs.
SENATE FILE 464 - 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 over $918 million and provides 17,348.98 full-time equivalent positions (FTEs), which is approximately $22.1 million over, and 8.44 FTEs under, the Governor's recommendations. This year's education appropriations Act exceeds the appropriations made in last year's Act (1998 Iowa Acts, Chapter 1215) by approximately 2.39 percent.
COLLEGE STUDENT AID COMMISSION. The Act includes appropriations 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 Educational Assistance Program, and the Chiropractic Graduate Student Forgivable Loan Program, and increases the standing appropriations and maximum grant amounts for Iowa Tuition Grants and Vocational-Technical Tuition Grants. Compared to FY 1999, the commission receives an increase of 6.44 percent. The Act increases the standing appropriation for tuition grants by 6.72 percent, scholarships by 5 percent, and Vocational-Technical Tuition Grants by 10.61 percent.
Vocational-Technical Tuition Grants. The Act increases the maximum amount of a tuition grant to a qualified full-time student from $3,650 to $3,900. The Act also authorizes the commission to issue grants to qualified part-time students equal to the grant amount received by a full-time student, but prorated in a manner consistent with the federal Pell Grant Program. Currently, the grant amount issued to part-time students is equal to the amount paid to a full-time student times the number of hours in which the part-time student is enrolled, divided by 12 semester hours.
State Student Loan Program Accounts. Current Code language provides that the General Assembly appropriates moneys from the loan reserve account to the commission for state student loan program operating costs. The Act strikes this provision in response to a change in federal law that prohibits the state from asserting control over the loan reserve account of the state student loan program, which is currently funded with federal moneys. The Act authorizes the commission to establish a loan reserve account and an agency operating account for the deposit of moneys provided for the state student loan program by the United States and the State of Iowa or any of their agencies, departments or instrumentalities, as well as any funds accruing to the program which are not required for current administrative expenses. The Act permits the commission to expend moneys in the loan reserve and agency operating accounts as authorized by the federal Higher Education Act of 1965. The Act strikes a subsection that permits the commission to exceed the FTEs authorized and expend moneys in the loan reserve account in excess of the amounts appropriated by the General Assembly in order to maintain loan guarantee operations.
Chiropractic Graduate Student Forgivable Loan Program. The Act requires Chiropractic Graduate Student Forgivable Loan recipients to practice in an underserved area. The Act defines "underserved area" as a geographical area included on the Iowa Governor's Health Practitioner Shortage Area List, compiled by the Center for Rural Health and Primary Care of the Iowa Department of Public Health.
National Guard Educational Assistance Program. The Act repeals the Code language creating the National Guard Tuition Aid Program, but creates a new National Guard Educational Assistance Program that expands on the original program. The differences between the old and new programs are as follows:
The Act strikes the Code provision appropriating $90,000 to the commission for the National Guard Tuition Aid Program, but appropriates $833,900 from the State General Fund for FY 1999-2000 for the National Guard Educational Assistance Program. In addition, the moneys allocated for the National Guard Tuition Aid Program in FY 1998-1999 are allowed to carry over to FY 1999-2000 for the National Guard Educational Assistance Program. The provisions related to the carryover of program funds take effect May 25, 1999.
Teacher Shortage Forgivable Loan Program. The Act creates a Teacher Shortage Forgivable Loan Program and funds it with an appropriation from the General Fund of the State in the amount of $250,000. The program replaces the Industrial Technology Forgivable Loan Program created in last year's education appropriations Act. However, because industrial technology is a designated shortage area, students who received loans under last year's program will still qualify for loan forgiveness under the new program.
An individual is eligible for the new program if the individual is a resident of this state and enrolled as a sophomore, junior, senior, or graduate student in an approved practitioner preparation program in a designated area in which teacher shortages are anticipated.
The Act requires the Director of Education to annually designate the professional areas in which teacher shortages are anticipated. The maximum practitioner shortage forgivable loan amount is $3,000 annually, or the amount of the student's established financial need, whichever is less. An individual's total loan amount, including principal and interest, shall be reduced by 20 percent for each year in which the individual remains an Iowa resident employed in Iowa by a school district, or by an accredited nonpublic school, as a practitioner in the teacher shortage area for which the loan was approved.
The Act also repeals a section providing for the administration of the Industrial Technology Forgivable Loan Program and directs the commission to use any moneys remaining from that program's FY 1998-1999 appropriation for the new program. This provision takes effect May 25, 1999.
DEPARTMENT OF CULTURAL AFFAIRS. The Act funds the Arts, Historical and Administration Divisions, historic sites, the Local Arts Comprehensive Educational Strategies (LACES) Program, and Community Cultural Grants. The department's total appropriation is increased by 2.06 percent over FY 1999.
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 establishes, but does not fund, a Country Schools Historical Resource Preservation Grant Program to be administered by the Historical Division for the preservation of one- and two-room buildings once used as country schools.
DEPARTMENT OF EDUCATION. The Act appropriates moneys for purposes of the department's general administration, vocational education administration, the Board of Educational Examiners for administrative purposes and for implementation of a multi-level voluntary para-educator licensing system, 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, the Iowa Empowerment Fund, textbooks of nonpublic school pupils, the Vocational Agriculture Youth Organization and other youth activities, national board certification, employability skills assessment reimbursements, the Beginning Teacher Induction Program, and community colleges. The department's total appropriation, including grants and state aid to school districts and public libraries, is increased by 6.74 percent over FY 1999.
Vocational Rehabilitation Services Division. From the funds appropriated to the division, up to $2 million is to be used to provide services to persons without regard to an order of selection. The Act also does the following with regard to the division:
State Library, Regional Libraries, and Enrich Iowa. The Act directs the State Library to cap reimbursement of the regents universities for participation in the Access Plus Program during FY 1999-2000 at the total amount of reimbursement paid for their participation during FY 1998-1999.
The Division of Libraries and Information Services is directed to submit a list of current regional library employees and their salaries to the Department of Management by August 1, 1999. The department will use the list to calculate the annual salary increase need. The amount calculated must be included in the regional library budget request submitted to the Governor for FY 2000-2001. In statutory language, the Act permits regional library employees to be considered state employees in order to be eligible to receive employee health and dental insurance as provided by the Department of Personnel. If a regional library elects to participate in a state employee health and dental insurance program, the regional library is responsible for paying the costs from funds appropriated to the regional libraries by the General Assembly.
The Act also directs the Division of Libraries and Information Services to distribute $700,000, allocated to the State Library for a one-year Enrich Iowa Pilot Program, to public libraries in the state that are in compliance with performance measures adopted by rule by the Commission of Libraries. Effective May 25, 1999, the commission is directed to adopt emergency rules to adopt the performance measures currently only referred to in rule.
Employability Skills Assessment Reimbursements. The Act appropriates $185,000 from the General Fund of the State to the department for the reimbursement of school district claims for the costs of acquiring, administering and scoring assessment tools that assess the employability skills of students. In addition, the Act reallocates $165,000 in Extended School Year Grant moneys remaining from an FY 1998-1999 appropriation for claim reimbursements. To be eligible for a reimbursement, a school district must use employability skills assessment tools identified by the Director of Education, and submit a claim on forms provided by the department by July 15, 2000. A school district that submits a claim for reimbursement must develop and integrate specific employability skills goals and activities into the district's Comprehensive School Improvement Plan.
Beginning Teacher Induction Program. The Act appropriates $300,000 to, and provides for the establishment of, a Beginning Teacher Induction Program to promote excellence in teaching, build a supportive environment in school districts, increase the retention of promising beginning teachers, and promote the personal and professional well-being of teachers. School district participation is voluntary. A teacher serving as a mentor under the program is eligible for an award of $500 per semester of participation. Uses for grant moneys received by a district include implementation of an induction plan, the provision of a stipend for a district facilitator, and for the payment of awards to mentors and the costs of the employer's share of contributions to federal social security and the Iowa Public Employees' Retirement System or a pension and annuity retirement system.
The Act directs AEAs to prepare and distribute model induction plans to school districts. Districts may use, alter or revise the plans. A participating school district must appoint a district facilitator whose duties include overseeing the development of a plan for meeting program goals. To be eligible for a grant, the district must adopt a plan and written procedures for a mentor program which shall, at a minimum, address the mentor selection and training processes; the timetable for plan implementation; placement; minimum contact and release time; measurement of results; workshops; and dissolving mentoring partnerships. The board of directors must submit the plan and a cost proposal to the department.
A school district receiving a grant must submit an assessment of the program's results to the department, and the department must annually submit the statewide results of the program to the chairpersons and ranking members of the Senate and House Education Committees. The Act permits the department to adopt emergency rules to implement the program.
Board of Educational Examiners. 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 25, 1999.
Extended School Year Grant Program. The Act extends the date by which the department must distribute Extended School Year Grant moneys from October 15, 1998, to October 15, 1999. Effective May 25, 1999, from moneys remaining at the end of this fiscal year from the FY 1998-1999 appropriation to the department for Extended School Year Grants, the Act directs the department to reallocate $735,000 as follows:
Interim Committee Requests. The Legislative Council is requested to establish an interim study committee to review the issues concerning making regional library staff state employees, and to establish an interim task force to identify and study options for restructuring the community college governance system.
Phase III. The Act allocates Phase III moneys for FY 1999-2000 to the department for the Geography Alliance, the New Iowa Schools Development Corporation, the Iowa Public Broadcasting Division for overnight transmitter feeds, for participation in the National Assessment of Education Progress, and for the Mathematics and Science Coalition.
STATE BOARD OF REGENTS. The Act appropriates moneys to the state board 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 Iowa 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 Iowa School for the Deaf. The total appropriation for the board and its institutions is increased 0.93 percent over FY 1999.
New programs funded under the Act include the School of Public Health and Public Health Initiative at the University of Iowa, the Center for Excellence in Fundamental Plant Science at Iowa State University, and the Masters in Social Work at the University of Northern Iowa.
University of Iowa Hospitals and Clinics and Telemedicine. The Act directs the University of Iowa Hospitals and Clinics to make reasonable efforts to extend the use of home telemedicine and other technologies to reduce the frequency of visits to the hospital required by indigent patients. The University of Iowa Hospitals and Clinics are further required to submit a report to the General Assembly and the Legislative Fiscal Bureau describing their use of these technologies to accomplish the purpose described.
Regents Study. The State Board of Regents is required to complete a study of the number and type of undergraduate and graduate degree programs offered at the satellite locations of all regents universities and at the satellite locations of all accredited private postsecondary institutions. By January 15, 2000, the state board shall submit the results of the study in a report to the chairpersons and ranking members of the Senate and House Joint Appropriations Subcommittee on Education, the Legislative Fiscal Bureau, the Secretary of the Senate, and the Chief Clerk of the House of Representatives.
The Act directs the Department of Human Services to transfer to the State University of Iowa, for the purposes of the Creative Employment Options Program, the same amount of moneys in FY 1999-2000 as was transferred in FY 1997-1998.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision appropriating federal Stafford Loan Program moneys deposited in the College Student Aid Commission's Loan Reserve Account to the commission for the loan program's operating costs.
  2. A provision directing the Department of Revenue and Finance to deposit interest earned on the Pub. L. No. 105-33 Recall Account into the Fund 61 Default Reduction Account and appropriating the moneys deposited in the account to the College Student Aid Commission for purposes of issuing emergency loans to assist needy students in avoiding default on a guaranteed student or parental loan.
  3. A statutory provision prohibiting the College Student Aid Commission from expending interest moneys earned on its accounts unless the General Assembly specifically appropriates the interest moneys for use by the commission.
  4. 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.
  5. A provision directing the Cooperative Extension Service in Agriculture and Home Economics at Iowa State University to conduct a study identifying all educational materials, seminars and assistance offered by the extension service which are duplicative, either directly or in subject area, of educational materials, seminars and assistance offered by the Department of Human Services.
SENATE FILE 468 - Appropriations - Justice System(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys for FY 1999-2000 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 Branch, 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 $459.2 million reflect an increase in appropriations from the General Fund of the State of approximately $31 million from the FY 1999 appropriations. In addition, the Act makes a supplemental appropriation of about $1.59 million to the Department of Corrections for FY 1999, effective May 21, 1999.
DEPARTMENT OF JUSTICE. The Act appropriates $13.9 million to the Department of Justice, which represents an increase of $676,000 compared to the estimated FY 1999 appropriations. These appropriations include amounts for the Office of the Attorney General, the Prosecuting Attorneys Training Program, for victim assistance grants to care providers providing services to crime victims of domestic abuse or rape and sexual assault, and for 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 grants for legal services for persons in poverty. The appropriation for legal services for persons in poverty represents an increase of $100,000 from the FY 1999 appropriation. In addition, the Act authorizes the Executive Council to disburse up to $250,000 from the civil reparations trust fund for legal services for grants for persons in poverty.
DEPARTMENT OF CORRECTIONS. The Act increases the General Fund appropriation to the Department of Corrections by $18.5 million to $235.5 million, representing an 8.6 percent increase from the estimated FY 1999 appropriation. Of the amounts appropriated, $13.2 million of the increase goes to institutions, while $3.3 million of the increase goes to community-based corrections.
The Act transfers $1.5 million from the FY 1999 ending balance of the Prison Infrastructure Fund to the department for use in FY 2000 to provide for one-time start-up costs at the Mitchellville women's prison and the Fort Dodge correctional facility.
The Act directs the department to continue to operate the correctional farms at the same or greater level as existed on January 1, 1999, and to explore providing increased job opportunities for inmates at the farms by encouraging labor-intensive farming and gardening activities.
The Act also prohibits the department from placing inmates in a private prison located in Iowa without approval of the General Assembly.
The Act further directs the department to submit a report to the General Assembly by January 10, 2000, concerning the medical treatment of inmates at the Fort Madison correctional facility.
The Act permits the department to expend, for physical plant improvements at the Mt. Pleasant correctional facility, funds transferred to the department in FY 1999 from the Prison Infrastructure Fund for perimeter fencing at the Mt. Pleasant correctional facility.
INDIGENT DEFENSE. The Act appropriates $33.8 million for indigent defense and the State Public Defender's Office, which represents a decrease of $211,000 from the FY 1999 appropriation.
JUDICIAL BRANCH. The Act appropriates $109.5 million to the Judicial Branch, which represents an increase of $2.1 million compared to the estimated FY 1999 appropriations. The Act provides funding for three additional Court of Appeals judges, and staff, and authorizes four additional district court judges. The Act also provides that the maximum deposit amount for the Enhanced Court Collections Fund for FY 2000 shall be increased to $5 million instead of $4 million. The Act also directs the Judicial Branch to conduct a study on the method of allocating district court judges and district associate judges and to submit a report with findings and recommendations to the General Assembly by January 1, 2000.
LAW ENFORCEMENT ACADEMY. The Act appropriates $1.3 million to the Law Enforcement Academy, which represents no change from the estimated FY 1999 appropriation.
BOARD OF PAROLE. The Act provides for an appropriation of $1 million and 18 full-time equivalent (FTE) positions to the Board of Parole.
DEPARTMENT OF PUBLIC DEFENSE. The Act provides for an appropriation of $5.6 million and 250 FTE positions to the Department of Public Defense. This appropriation represents an increase of $423,000 compared to the estimated FY 1999 appropriation.
DEPARTMENT OF PUBLIC SAFETY. The Act appropriates $58.6 million to the Department of Public Safety, which represents an additional $9.4 million compared to the estimated FY 1999 appropriation. (S.F. 361 also appropriates money to the department for additional personnel in dealing with methamphetamine use.) The Act eliminates the Highway Safety Patrol Fund as a mechanism for funding the Iowa State Patrol. The Act also requires the department to conduct a study concerning the feasibility of providing members of the Iowa State Patrol with cellular or other similar wireless telephones.
MISCELLANEOUS. The Act continues funding to the Emergency Management Division of the Department of Public Defense for FY 2000 for the wireless E911 service implementation.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A provision stating the General Assembly's intent that the Department of Corrections timely fill all correctional positions authorized for correctional facilities.
  2. Provisions stating the General Assembly's intent that the Department of Corrections, in submitting its proposed budget for FY 2001, exclude requests for positions, and moneys for those positions, which would be included solely to provide additional moneys to operate the department; and requiring the department to submit a report to the General Assembly by January 31, 2000, listing positions authorized, but unfilled, during the period from July 1, 1999, to January 1, 2000.
  3. A provision directing that Department of Corrections rules require approval for disbursements from the Inmate Telephone Rebate Fund by a committee consisting of the Director of Corrections, a deputy director of the department, and the Citizens' Aide, or designee.
HOUSE FILE 332 - Appropriations - Energy Conservation Programs Funding(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys for FY 1999-2000 from the Energy Conservation Trust, which receives deposits of settlements from oil overcharge refunds, to the Division of Community Action Agencies of the Department of Human Rights for energy conservation programs for low-income persons, and to the Department of Natural Resources for the State Energy Program and for administration of petroleum overcharge programs.
HOUSE FILE 737 - Appropriations - Health and Human Rights(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes 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 appropriates amounts deposited in the Gambling Treatment Fund, and specified amounts of revenue received by the state Racing and Gaming Commission, to the Iowa Department of Public Health.
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 $715,000 for FY 1999-2000.
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.
DEPARTMENT OF PUBLIC HEALTH. The Act appropriates funds to the Iowa Department of Public Health. Funds are appropriated for addictive disorders, relating to reducing the prevalence of use of tobacco, alcohol, and other drugs, and treating individuals affected by addictive behaviors, including gambling. The department 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 appropriates funds for adult wellness, relating to maintaining or improving the health status of adults with target populations between the ages of 18 to 60. The Act provides that not more than $140,000 of the funds appropriated shall be used to continue existing mid-level nurse practitioners demonstration projects in specified counties.
The Act appropriates funds for child and adolescent wellness, relating to promoting the optimum health status for children and adolescents from birth through 21 years of age. Programs receiving allocations include the Statewide Perinatal Program, the Physician Care for Children Program, a renewable grant regarding primary and preventive health care for children, the continuation of existing infant mortality and morbidity prevention pilot projects, and the continuation of multidisciplinary research into the cause of individual infant deaths in the state.
The Act appropriates funds for chronic conditions, relating to serving individuals identified as having chronic conditions or special health care needs. Programs receiving allocations include the Chronic Renal Disease Program, with the funds used for reimbursement of insurance premiums, travel, and prescription and nonprescription drugs; the Birth Defects and Genetics Counseling Program, with allocations for regional genetic counseling services; and under the Iowa Specialized Child Health Care Services, allocations for mobile and regional child health specialty clinics, and muscular dystrophy and related genetic disease programs.
The Act appropriates funds for community capacity, relating to strengthening the health care delivery system at the local level. Funds are allocated to local boards of health to ensure that core public health functions are maintained and to support essential services in communities, for the Office of Rural Health to provide technical health care delivery assistance to rural areas, and for primary care provider recruitment and retention endeavors.
The Act appropriates funds for elderly wellness. Funds are allocated for optimizing the health of persons over 55 years of age; for environmental hazards, relating to reducing the public's exposure to chemical and other hazards in the environment; for infectious diseases, relating to reducing the incidence and prevalence of communicable diseases; and for injuries, relating to providing support and protection to victims of abuse or injury, and for the prevention of abuse or injury.
The Act appropriates funds for public protection, relating to protecting the health and safety of the public through the establishment of standards and the enforcement of regulations. Funds are allocated for the operation of the state boards of Dental, Medical, Nursing, and Pharmacy Examiners, and the Bureau of Professional Licensure, with the Act limiting the budgets for professional licensure boards to 85 percent of the average annual fees collected the previous two fiscal years. The budgets may be exceeded for certain unanticipated litigation costs. The Act authorizes the department to retain fees collected from specified programs to support the administration of the programs, including any new or increased fees implemented pursuant to legislation enacted during the 1999 Legislative Session, and authorizes the department to retain and expend from fees collected by the state boards of Dental, Pharmacy, Medical, and Nursing Examiners specified amounts for expenses relating to the relocation of licensure boards.
The Act appropriates funds for resource management, relating to establishing and sustaining the ability of the department to deliver services to the public, and provides that the State University of Iowa shall not receive indirect costs from funds appropriated to the department. The Act also provides that a local health care provider or nonprofit health care organization which seeks grants administered by the department must provide documentation regarding coordination of services with local entities providing similar services, and provides that the department will prepare a compliance report regarding coordination by January 1, 2000. The Act requires the department to apply for available federal funds for sexual abstinence education programs in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
DEPARTMENT OF HUMAN RIGHTS. The Act appropriates funds to the divisions of the Department of Human Rights. The Act also directs the department to conduct a study of the status of persons of Asian Pacific descent in the state and submit a report of findings by January 1, 2000.
COMMISSION OF VETERANS AFFAIRS. The Act appropriates funds to the Commission of Veterans Affairs, and provides for the creation of a Veterans License Fee Fund in the State Treasury, under the control of the commission, to contain fees credited by the Treasurer of State from the sale of special veteran license plates pursuant to Code Section 321.34.
GAMBLING TREATMENT FUND APPROPRIATIONS. The Act appropriates funds deposited in the Gambling Treatment Fund to the Iowa Department of Public Health, and provides for the allocation of $525,000 of the funds for the Addictive Disorders Program and the transfer of $20,000 of the funds to the Office of the Auditor of State to perform an audit of the Gambling Treatment Program.
OTHER PROVISIONS. The Act provides for an independent administrator of the Division of Persons With Disabilities of the Department of Human Rights. The Act also provides that members appointed to the Commission on Community Action Agencies serve out the entire term of appointment even if a member experiences a change in qualification status after appointment. The Act additionally provides that an amount of the tax revenue received by the state Racing and Gaming Commission pursuant to Code Section 99D.15 equal to 0.3 percent of the gross sum wagered by the pari-mutuel method is appropriated to the Iowa Department of Public Health to fund the position of deputy state medical examiner, contingent upon the enactment of legislation transferring the office of the State Medical Examiner from the Department of Public Safety to the Iowa Department of Public Health (see H.F. 782, Section 6). The Act further provides for a supplemental appropriation of $42,000 to the Board of Dental Examiners for FY 1998-1999 to pay the necessary expenses and the administrative costs of the Dental Hygiene Committee created in Code Section 153.33A. The Act extends the Vital Records Modernization Project until June 30, 2000, 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 contains a provision requesting the Legislative Council to establish an interim study committee to evaluate and review whether community action agencies are maximizing opportunities to match funding for Community Service Block Grants received by the Division of Community Action Agencies of the Department of Human Rights. Finally, the Act requests the Legislative Council to establish an interim study committee to evaluate courses required for persons who have committed an "operating a motor vehicle while intoxicated" offense.
The provisions of the Act regarding the extension of the Vital Records Modernization Project, and the supplemental appropriation for the Board of Dental Examiners, take effect May 18, 1999.
HOUSE FILE 745 - 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 ISCC Liquidation Corporation to submit a report relating to the activities of the corporation during the previous year.
The Act provides for the transfer of unobligated and unencumbered moneys from the Economic Development Deaf Interpreters Revolving Fund to the Rural Community 2000 Program Revolving Fund. The Act strikes the Economic Development Deaf Interpreters Revolving Fund from the Code. These provisions take effect April 26, 1999.
The Act reduces the standing limited appropriation for the School to Career Program employer refunds from $500,000 to $100,000 for FY 1999-2000.
The Act provides that a state agency shall disburse public moneys used for grants, loans, tax incentives, or other financial assistance for economic development without discrimination.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
A provision stating the General Assembly's intent that the Volunteer Office of the Governor shall not receive moneys under the economic development appropriations bill in fiscal years following FY 1999-2000.
HOUSE FILE 746 - 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, the Department of Natural Resources, and Iowa State University. The Act also provides direction to state agencies, makes Code changes, and provides immediate effective dates.
APPROPRIATIONS. The Act makes appropriations from the General Fund of the State to a number of agencies. The Act appropriates moneys to the Department of Agriculture and Land Stewardship and the Department of Natural Resources to support administration of those departments. The Act also provides moneys for specific programs administered by those departments. For the Department of Agriculture and Land Stewardship, moneys are appropriated in order to support the State 4-H Foundation, support livestock market reporting, administer the Farmers' Market Coupon Program, support the eradication of gypsy moth infestations, support training of commercial pesticide applicators, and support soil conservation cost-share programs. For the Department of Natural Resources, moneys are appropriated for the administration of programs to provide safe drinking water and clean air and for the regulation of confinement feeding operations.
The Act appropriates moneys from the General Fund to support a number of programs related to animal health and industry, including programs administered by the Department of Agriculture and Land Stewardship to support the racing horse and dog breeding industries in the state; a program administered by the Department of Natural Resources to maintain and develop boating facilities and access to public waters; a program administered by the Department of Natural Resources and the U.S. Department of Agriculture for the control of wild animals; and programs administered by Iowa State University for the eradication of pseudorabies in swine and Johne's disease in cattle.
The Act also appropriates moneys to the university from the General Fund in order to support the Iowa Concern Hotline in providing stress counseling to farm families. The Act appropriates moneys from the General Fund to the Department of Natural Resources for the purpose of supporting sick leave retirement payouts for FY 1998-1999. The Act also provides that moneys appropriated from the General Fund during FY 1998-1999 to Iowa State University for purposes of conducting studies regarding groundwater and surface water contamination shall remain available for the next fiscal year. These appropriations provisions take effect May 26, 1999.
The Act makes appropriations from other funds and accounts. The Act makes an appropriation from moneys transferred to the state Fish and Game Protection Fund to support snowmobile programs and enforce state navigation laws administered by the Department of Natural Resources. Moneys are also appropriated from the state Fish and Game Protection Fund to the department for the purpose of supporting sick leave retirement payouts for FY 1998-1999.
The Act appropriates moneys from the Agricultural Management Account of the Groundwater Protection Fund to the Department of Agriculture and Land Stewardship to support a program to assist the Iowa Junior Angus Association, to the Department of Natural Resources to contract with persons to process manure management plans, and to the State Fire Marshal for training volunteer fire fighters.
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 department's Underground Storage Tank Section.
The Act appropriates moneys from the Hazardous Substance Remedial Fund to the Department of Natural Resources for deposit in the Land Recycling Fund for purposes of supporting land reclamation projects (commonly referred to as "brownfield" projects).
DIRECTION TO STATE AGENCIES. The Department of Agriculture and Land Stewardship and the Department of Natural Resources must notify the chairpersons, vice chairpersons, and ranking members of the Joint Appropriations Subcommittee on Agriculture and Natural Resources for the previous fiscal quarter of any transfer of moneys for full-time equivalent positions (FTEs) made by either department that is not authorized in the Act.
The Department of Agriculture and Land Stewardship must publicize the availability of farm programs to women and minority persons.
The Department of Natural Resources may use additional funds for two additional FTEs to reduce the department's floodplain permit backlog.
The Department of Natural Resources may use additional moneys available to the department from stormwater discharge permit fees for staffing positions of a federal Total Maximum Daily Load Program.
CODE CHANGES. The Department of Natural Resources must deposit a portion of the moneys it receives from selling trees and shrubs into a Forestry Management and Enhancement Fund created by the Act. The purpose of the fund is to support additional professional forester and forestry technicians.
The Act directs the Department of Natural Resources to conduct a public hearing regarding the sale of timber grown in state parks and preserves, and prohibits the department from imposing a fee upon a person for entering a state park or preserve.
EFFECTIVE DATES. The following take effect May 26, 1999:
HOUSE FILE 760 - Appropriations - Human Services(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act provides appropriations to the Department of Human Services (DHS) for FY 1999-2000, and includes provisions related to human services and health care.
SOCIAL SERVICES BLOCK GRANT SUPPLEMENTATION. The Act appropriates the unallocated federal FY 1998-1999 Temporary Assistance for Needy Families (TANF) funds to replace an unanticipated decrease in federal Social Services Block Grant (SSBG) funds and allocates these funds to maintain the current level of funding. This provision takes effect upon enactment, May 21, 1999.
EARLY CHILDHOOD. The Act designates the uses for the appropriation made in FY 1998-1999 of $3.8 million annually for four years from previously unallocated TANF funds for community-based programs developed by community empowerment areas. The Act provides that DHS may transfer federal TANF funds to the Child Care and Development Block Grant and then allocate funding to community empowerment areas based upon criteria in the Act. Moneys not distributed or which otherwise remain unobligated or unexpended at the end of the fiscal year revert to the fund for federal grants. The Act provides a funding formula for distribution of the moneys. In S.F. 439 (see Children & Youth), this Act was amended to allow any designated community empowerment area to receive their funding allocation.
FAMILY INVESTMENT PROGRAM. The Act provides an appropriation for the Family Investment Program (FIP). 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 of the State and from the fund created for receipt of federal funds.
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, state child care assistance, 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, child and family services, pregnancy prevention grants, technology needs, and other department purposes and programs.
The Act provides that notwithstanding the 1998 appropriation for the costs associated with the development of the X-PERT computer system, the moneys remaining unexpended or unobligated at the close of the fiscal year are to carry over to FY 1999-2000 for the purposes of reviewing and decreasing the error rate of the food stamp program ($350,000), welfare reform system improvements ($7,445), a technology initiative for a buy-in option under Medicaid for persons with disabilities ($212,846), and for county billing system improvements ($129,709). This provision relating to the X-PERT computer system takes effect upon enactment, May 21, 1999.
EMERGENCY ASSISTANCE. The Act maintains the previous level of funding for the Emergency Assistance Program. The Act continues the maximum grant level of $500 per family in any 12-month period. The Act requires DHS to continue the process for retaining and redistributing refunds or rent deposits returned to the state under the Emergency Assistance Program. This provision relating to refunds of utility and rent deposits for emergency assistance recipients takes effect upon enactment, May 21, 1999. The Act continues the allocation to the Community Voice Mail Program and adds a requirement for the submission of semiannual reports to DHS regarding participation in the program.
MEDICAL ASSISTANCE (Medicaid). Overall, the Act increases the appropriation for medical assistance (MA) in comparison with the FY 1998-1999 appropriation, but does not increase the number of FTE (full-time equivalent) positions. The increase is mainly due to the decrease in federal financial participation, an increase in provider reimbursement levels, an increase to transfer funding of 41 group foster care beds from the children and family services budget, and an increase due to the cost-of-living adjustment for the Supplemental Security Income subsidy.
The Act does all of the following:
HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. The Act provides a very slight decrease in the appropriation as compared with FY 1998-1999 for the Health Insurance Premium Payment Program.
CHILDREN'S HEALTH INSURANCE PROGRAM. The Act appropriates $10.25 million to DHS for maintenance of the state Children's Health Insurance Program and receipt of federal financial participation. The Act authorizes DHS to transfer funds appropriated for medical assistance to be used to expand health care coverage to children under MA. The Act provides that any moneys appropriated for the program in FY 1998-1999, which are unencumbered or unobligated at the close of that fiscal year, are not to revert but are to remain available for the program. This provision relating to reversion of moneys appropriated in the prior fiscal year takes effect upon enactment, May 21, 1999.
MEDICAL CONTRACTS. The Act provides an increase in the appropriation compared with FY 1998-1999 and provides all of the following:
STATE SUPPLEMENTARY ASSISTANCE (SSA). This appropriation is an increase in the appropriation compared with FY 1998-1999 and is to maintain the federal maintenance of effort requirement for the program. The increase is mainly due to an increase in the maximum reimbursement rate for residential care facilities and in-home health care. The Act directs DHS to increase the personal needs allowance of residential care facility residents at the same percentage and at the same time the federal Social Security income and benefits are increased. The Act authorizes DHS to take necessary actions to ensure that federal requirements are met and authorizes it to transfer moneys from the MA Program if it projects that the amount appropriated for SSA is insufficient and the funds proposed to be transferred are in excess of the funds necessary for the MA Program. The Act also authorizes DHS to use up to $75,000 for a rent subsidy program for certain adults who are receiving assistance under a Medical Assistance home and community-based services waiver and were discharged from a medical institution in which they have resided or were at risk of institutional placement.
CHILD CARE ASSISTANCE. This appropriation maintains the current level of funding for the program, but is a decrease in comparison with the FY 1998-1999 appropriation due to the transfer of funding for protective child care to the child and family services budget line item. The appropriation provides funding for state child care assistance and child day care resource and referral services. The Act maintains the current prioritized waiting list and requires DHS to use moneys deposited in the Child Day Care Credit Fund for state child care assistance.
CHILD SUPPORT RECOVERY. This appropriation is a decrease in the appropriation compared with FY 1998-1999 and an increase of 11 FTE positions. The decrease is mainly due to a replacement of General Fund moneys with federal funds. Previously, DHS transferred federal child support incentives from the Child Support Recovery Unit (CSRU) to FIP. Revised federal legislation now prohibits this transfer of incentives. Therefore, this appropriation is decreased to offset the federal incentives that remain credited to the CSRU. The Act requires CSRU to continue to work with the Judicial Branch to determine the feasibility of a pilot project using a court-appointed referee for determination of child support awards, if initiated by the Judicial Branch. The Act directs DHS to expend not more that $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 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. The Act specifies legislative intent that the juvenile home be used for females only beginning July 1, 2001, and directs that $50,000 be used for assistance in making this transition. The appropriation for the State Training School at Eldora is a slight decrease compared with the FY 1998-1999 appropriation, mainly due to the delay until October 1999 in the opening of a new cottage at the school for which funding was provided in the previous fiscal year. The Act provides that the moneys so appropriated in the previous fiscal year are not to revert but are to remain available for this purpose. This provision related to the nonreversion of moneys appropriated to the training school takes effect upon enactment, May 21, 1999. The Act provides $40,000 for aftercare services for persons placed at the training school. The Act continues the limitation on the population levels to the population guidelines established in 1990 as adjusted for additional beds developed at the institutions and provides for use of funds appropriated for grants for adolescent pregnancy prevention services.
CHILD AND FAMILY SERVICES - COURT-ORDERED SERVICES PROVIDED TO JUVENILES - PROTECTIVE CHILD CARE. This appropriation is an increase compared with the FY 1998-1999 appropriation due to the inclusion of the court-ordered juvenile services and the protective child care program budgets, in this budget line item; an increase for the caseload for subsidized adoption, which is projected to rapidly increase during FY 1999-2000; an increase for increased child abuse assessments; an increase for subsidized guardianships; an increase for adoption recruitment; an increase for school-based supervision; an increase in rehabilitative treatment and support services provider rates; and an increase for additional group foster care beds. The Act provides for continuation of the funding cap for group foster care and provides that if annualization of a region's current expenditures indicates that the region is at risk of exceeding its overall expenditure target 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 so identified. This provision relating to the expenditure target is effective upon enactment, May 21, 1999. The Act 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.
The Act allocates funding for 50 highly structured juvenile program beds (informally known as "boot camp" beds), and provides that if the number of beds is not utilized, the remaining funds may be used for group foster care. The Act provides that the statutory requirements relating to the funding cap for foster care, which apply to the juvenile court, are to continue to instead apply to the Juvenile Court Services staff. The Act provides that the additional funding provided for group foster care compared with the previous fiscal year is to be used for the cost of 41 group foster care beds and that it is the intent of the General Assembly that the additional funding allow for the availability of at least 20 additional beds for placement of females. The Act directs DHS to continue the 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 DHS to continue decategorization of child welfare services; authorizes the use of funding for emergency family assistance in certain circumstances; limits funding for shelter care services; authorizes funding to develop and maintain a computer system for adoption and foster care information; continues funding for improving DHS staffing of foster care and adoption services; provides funding for implementation of a subsidized guardianship program; provides for adoption by DHS of administrative rules, in consultation with child welfare services providers, to implement outcome-based child welfare services pilot projects; directs DHS to continue to make adoption presubsidy and adoption subsidy payments available at the beginning of the month for the current month; provides funding for clinical assessment services; provides funding for protective child day care assistance; provides funding for court-ordered services provided to juveniles (The portion of this provision relating to determination of allocation of this funding takes effect upon enactment, May 21, 1999.); directs that to the extent possible, school-based supervision personnel shall be prepared with training or experience relating to gender-specific programming; provides that available funds received for the federal disproportionate share program not be deposited in the General Fund of the State but be available for any shortfall in the federal financial participation amount due to changes in federal Title IV-E funding; provides for use of up to $550,000 to implement recommendations from the child welfare services work group and up to $50,000 to support the costs of the work group; provides funding for day treatment and aftercare services to juvenile females; and directs DHS to maximize the capacity to draw federal funding under the federal Title IV-E Program.
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 very slight decrease compared with the appropriation in FY 1998-1999. 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.
MENTAL HEALTH INSTITUTES. This appropriation provides for a decrease in the overall appropriation, and in the allocations to the individual institutes at Cherokee, Clarinda, Independence, and Mount Pleasant, compared with the appropriation and allocations for FY 1998-1999. The Act requires the Independence Mental Health Institute to continue the 30-bed psychiatric medical institution for children (PMIC) facility under the net state budgeting approach and 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 directs the Mount Pleasant Mental Health Institute to continue the dual diagnosis unit to provide psychiatric treatment and substance abuse treatment simultaneously on a net budgeting basis, designates the revenues attributable to dual diagnosis which are to be deposited in the institute's account, provides that the cost of treating a dual diagnosis patient are to be charged one-half to the patient's county of residence and one-half to the state, and specifies payment provisions relating to county payment of dual diagnosis treatment. The Act authorizes DHS to reallocate funds as necessary to best fulfill the needs of the institutes under the appropriation and requires DHS to provide persons being discharged from an institute with assistance in obtaining federal benefits under federal Supplementary Security income.
STATE HOSPITAL-SCHOOLS. This appropriation is a decrease in the appropriation compared with the previous fiscal year. The Act directs DHS to continue operating the hospital-schools at Glenwood and Woodward with a net General Fund appropriation. The Act requires that the county receivables billed but not yet received are included in the schools' FY 1999-2000 year-end balances if the billables are received within 120 days of the original billing date, and allows the hospital-schools to draw upon the General Fund of the State in an amount equal to the receivables amount which is not received. The Act provides that, subject to the approval of DHS, revenues attributable to the state hospital-schools for FY 1999-2000 are to be deposited into each school's account, and designates the funding sources that are to be so deposited. The Act provides that for the purposes of allocating salary adjustment funds moneys appropriated in another Act, the state hospital-schools shall be considered to be funded entirely with state moneys; provides that up to $500,000 of a state hospital-school's revenues that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used in the succeeding fiscal year; requires each state hospital-school to submit a status report in October 1999; and authorizes DHS to reallocate the appropriation for the state hospital-schools as necessary to best fulfill the schools' needs. The Act authorizes DHS to continue to bill for the hospital-schools' services utilizing a scope of services approach used for private providers of ICF/MR services, in a manner which does not shift costs between the Medical Assistance Program, counties, or other sources of funding and authorizes the schools to expand the time-limited assessment and respite services. The Act provides that up to $500,000 of the schools' revenues generated by moneys appropriated to the schools in FY 1998-1999 that remain unencumbered or unobligated at the close of that fiscal year are to remain available for expenditure by the hospital-schools in the succeeding fiscal year. This provision relating to FY 1998-1999 revenues at the state hospital-schools takes effect upon enactment, May 21, 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 an increase compared with FY 1998-1999 to provide for a cost-of-living adjustment and to continue the Children-at-Home Program in the current counties and to provide for two additional pilot county sites. The special needs grants appropriation maintains the current level of funding for the program. The appropriation for state cases provides an increase compared with FY 1998-1999. The state cases appropriation also allocates funds for payment of the state's share of the costs of the reimbursement increase provided in the reimbursement section of the Act for sheltered work, work activity, supported employment, supported work training, supported community living services, and adult residential services paid by the state or county under a state or county purchase of social services contract.
REIMBURSEMENT - DISABILITIES SERVICES. This appropriation provides $2 million for reimbursement increases for sheltered work, work activity, supported employment, job placement, enclave, adult day care, transportation, community supervised apartment living arrangements, and adult residential services paid by a county under a state purchase of service or county contract. The Act requires that the FY 1998-1999 county expenditures are to be used as a basis for the distribution of the FY 1999-2000 appropriation and requires counties receiving funds under this appropriation to increase reimbursements to providers which are receiving reimbursements below the provider's cost or to increase service staff compensation. Counties are to include a progress report describing the county's usage of the distributed moneys in the county's expenditure report submitted by December 1, 1999, and a final report submitted by December 1, 2000. The Act provides that it is the intent of the General Assembly that any amount not utilized be recovered in FY 2000-2001 by reducing the county's social services block grant local purchase allocation in an equivalent amount.
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES - COMMUNITY SERVICES FUND. This appropriation maintains the current level of services. The Act provides that 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; federal Social Services 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 and Developmental Disabilities Services Fund if the county meets the requirements for receiving property tax relief funds and allowed growth funds.
PERSONAL ASSISTANCE. The appropriation maintains the current level of funding to continue the Personal Assistance Services Program, a pilot program for adult 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 MA Program from being implemented in a manner that 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 but remain available to provide personal assistance payments until the close of the succeeding fiscal year.
FIELD OPERATIONS, GENERAL ADMINISTRATION AND VOLUNTEERS. The appropriation for field operations is a decrease compared with the appropriation for FY 1998-1999. The appropriation for general administration is a decrease compared with FY 1998-1999 due to an adjustment for vacant funded FTE positions, elimination of funding for the X-PERT technology initiative, movement of specific FTEs to the FIP budget unit, and movement of postage for FIP to the FIP budget unit and for MA to the MA budget unit. The Act allocates $57,000 for the Prevention of Disabilities Policy Council, transfers $129,971 to the State University of Iowa for the university-affiliated program for the support of Iowa Creative Employment Options (CEO), and provides that DHS shall not implement savings reductions for general administration which reduce service funding for disability rehabilitation programs or statewide-supported employment programs or reduce drawdown of federal funding. The appropriation for volunteers maintains the current level of funding.
SEXUALLY VIOLENT PREDATORS. This appropriation for FY 1999-2000 is an increase compared with the FY 1998-1999 appropriation to DHS for costs associated with commitment and treatment of sexually violent predators. The FY 1998-1999 line item provides for a supplemental appropriation for that fiscal year and provides that any of these moneys which remain unencumbered at the close of the fiscal year shall not revert to the General Fund of the State. This provision providing an FY 1998-1999 appropriation for costs associated with treatment and commitment of sexually violent predators takes effect upon enactment, May 21, 1999.
REACTIVE ATTACHMENT DISORDER - TRAINING. This is a new appropriation providing $60,000 to provide training and education to therapists and others who provide services through DHS to children with reactive attachment disorder. The Act provides that moneys that remain unencumbered or unobligated at the close of the fiscal year are not to revert to the General Fund of the State. The Act defines "reactive attachment disorder."
MEDICAL ASSISTANCE, STATE SUPPLEMENTARY ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN SERVICES. The Act does all of the following:
MOTOR VEHICLE LICENSE REINSTATEMENT PENALTY - DEPOSIT AND APPROPRIATION. The Act requires that civil penalty moneys collected by the Iowa Department of Transportation (IDOT) at the time IDOT suspends, revokes or bars a person's motor vehicle license or nonresident operating privileges, are to be deposited with DHS, and are appropriated for juvenile detention homes. The Act also provides that, notwithstanding the law regarding deposit of these moneys, the moneys collected beginning July 1, 1998, and ending June 30, 1999, are to be deposited to the credit of DHS and are appropriated to be used for juvenile detention homes. This provision relating to moneys collected beginning July 1, 1998, and ending June 30, 1999, takes effect upon enactment, May 21, 1999.
TRANSFER AUTHORITY. The Act permits DHS to transfer funding between the following appropriations, provided the combined funding is not changed: Family Investment Program (FIP), Emergency Assistance Program, child day care assistance, child and family services, field operations, general administration, and MH/MR/DD/BI community services (local purchase).
FRAUD AND RECOUPMENT ACTIVITIES. The Act permits DHS to expend funds recovered through fraud and recoupment investigations to perform additional fraud investigations as long as the additional investigations are anticipated to recover moneys in excess of both the costs of performing the investigations and the amount recovered in FY 1999-2000. The Act limits the number of additional investigative staff to 5 FTEs.
CHILD SUPPORT INCENTIVES. The Act makes changes in the Code of Iowa specifying that the state share of federal child support recovery incentives shall be credited to the child support recovery unit (CSRU) budget unit. The CSRU budget unit is in turn decreased by an amount equal to the state share of federal incentives, and the appropriation to the FIP budget unit is increased by a like amount. This provision takes effect upon enactment, May 21, 1999.
FINANCIAL ASSISTANCE SERVICES. The Act authorizes DHS to continue the financial assistance services pilot projects in eight counties, which allows DHS to alter policies, procedures and practices to waive administrative rules, involving financial assistance services, which are based on state law. In addition, DHS may alter provisions based on federal law if federal approval is obtained. The programs or services affected include FIP, the PROMISE JOBS Program, Medical Assistance (Medicaid), food stamps, child care assistance, refugee cash assistance, emergency assistance, and child support recovery. DHS is directed to adopt emergency rules to establish the framework for the pilot projects.
REVIEW OF HUMAN SERVICES PROVIDER REIMBURSEMENTS AND ADMINISTRATIVE RULES. The Act requests that the Legislative Council authorize a task force to review provider reimbursement methods for Medical Assistance (Medicaid), State Supplementary Assistance, social services, and other DHS services. The task force is to consider previous studies, funding options appropriate to individual needs, options for implementation of the resource-based relative value system methodology to determine medical provider reimbursement under the MA Program, implementation of waivers, state plan changes and other approaches allowed by the federal government, the option of resource-based reimbursement, review of nursing facility cost reports, options for using tobacco settlement proceeds, and other methods to improve reimbursement equity. The Act also requests the Legislative Council to authorize an independent review of DHS administrative rules and their impact on services and staff, utilizing support from foundation or other private funding.
HUMAN SERVICES RESTRUCTURING. The Act requests the Legislative Council to establish a human services restructuring task force. The duties of the task force would include review of the community empowerment initiative, the county management provisions for MH/MR/DD services and the adult mental health and developmental disabilities funding decategorization, child welfare funding decategorization and the service bundling proposal developed by the child welfare work group, and other proposals for improving local management of essential public services. The task force would report findings and recommendations in a report submitted prior to the convening of the General Assembly in 2000.
CHILD PROTECTION EVALUATION. The Act extends the completion date for the independent evaluation of the child protection system required under 1997 Iowa Acts, to July 1, 2000.
ADOPTION SPECIAL SERVICES. The Act requires DHS to review various adoption services, including the addition of respite care and the continuation of special services to foster children following the filing of an adoption petition and following issuance of the final adoption decree. The Act requires DHS to submit recommendations to the General Assembly by December 15, 1999.
OTHER STATUTORY PROVISIONS. The Act makes all of the following statutory changes:
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. A requirement in the FIP appropriation that DHS consult with its welfare reform advisory group in recommending categories of FIP families to be eligible for the hardship exemption from the lifetime limit on receiving assistance funded under TANF.
  2. A requirement in the TANF allocation that DHS report quarterly any changes in allocation of TANF moneys.
  3. A requirement in the FIP allocation that DHS continue to conduct an evaluation of the welfare reform program and child well-being programs to measure effectiveness.
  4. A requirement in a FIP allocation for reporting regarding pilot projects for parental obligations.
  5. A FIP allocation of $100,000 for a pilot project of FIP diversion directed to persons adjudicated to receive child welfare services who become age 18 and may be at risk of becoming eligible for government benefits.
  6. A directive for DHS to convene representatives of provider groups to identify ways to improve Medical Assistance home and community-based services waiver programs.
  7. A requirement for DHS to report on its evaluation of the feasibility and fiscal impact of implementing 12 months of continuous eligibility for children who are eligible for the MA Program.
  8. A directive for the Healthy and Well Kids in Iowa (HAWK-I) Board to study the costs of providing family coverage under the program.
  9. The requirement for DHS to report the cost-effectiveness of any positions added and the requirement that DHS report any positions added to CSRU that are in addition to those authorized with the appropriation.
  10. A requirement for DHS to report on transfers authorized by the Act from the child and family services appropriation.
  11. The requirements for DHS to report quarterly regarding the number of children placed in group foster care, status of expenditures, actions to maximize drawing of federal funding under Title IV-E of the federal Social Security Act, and related information.
  12. A requirement for DHS to report exceptions granted to extend eligibility for intensive tracking and other programs involving delinquent youth beyond age 18.
  13. A requirement that each district planning group submit an annual report for compilation.
  14. A requirement for DHS to work with judicial branch entities in compiling a report concerning expenditures for court-ordered services for juveniles.
  15. A requirement for DHS to evaluate the recidivism rates in public and private treatment programs for juveniles and to submit a report.
  16. A directive for DHS, in cooperation with the Department of Corrections, to develop a proposal to provide the option of treatment at the Mount Pleasant Mental Health Institute or another existing state-owned facility, rather than incarceration of an individual who is convicted of methamphetamine use.
  17. A directive for the state mental health institutes to continue the net budgeting accounting approach and to submit status reports.
  18. A requirement that the FY 1999-2000 reports of the state hospital-schools include a listing of items for which depreciation reimbursement funds would have been utilized if the funds had been retained by the institution.
  19. A directive for the Glenwood State Hospital-School to unbundle pharmaceutical costs from the per diem charges for services during FY 1999-2000 and for county billings to be reduced in an amount equivalent to pharmaceutical costs separately charged to MA as a result of the unbundling.
  20. A requirement for DHS to make regular reports concerning special needs grants with the Family Support Subsidy Program.
  21. A directive for DHS to issue an RFP for developmental disabilities basic support and advocacy grants.
  22. A directive for DHS to reimburse counties for increased costs associated with county reimbursement connected with county assumption of responsibilities due to the resignation, retirement or dismissal of state-funded FTE positions at local DHS offices.
  23. The requirements that moneys appropriated to DHS for FTE positions within the field operations or general administration budget items are to be used only for salaries and support, and that DHS submit a quarterly report beginning July 1, 1999, to the Legislative Fiscal Bureau detailing funded FTE positions.
  24. A directive for new nursing facility cost report information to be compiled by DHS and submitted to the General Assembly and any legislative committee designated to consider human services reimbursement rates and methodologies.
  25. A requirement that of the FTEs authorized in the Act, for the state-county assistance team, 1 FTE was to work with the state-county assistance team, 1 FTE was to work with the state-county management committee, 1 FTE was to work with the county single entry-point process or coordinators, and 4 FTEs were to provide technical assistance for community empowerment areas.
  26. The requirement for 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, a directive for DHS to take other actions to utilize any closed unit or other facilities and services of an institution.
  27. A requirement for DHS to report any laws or administrative rules waived under an authorization to operate a pilot program or programs to streamline financial assistance services.
  28. A requirement that the State-County Management Committee review services and funding for persons with brain injury and for persons with autism.
HOUSE FILE 762 - Appropriations - State Government Technology and Operations(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to state government technology operations by making appropriations to a number of entities concerned with technology.
The Act makes appropriations for FY 1999-2000 from the General Fund of the State for debt service for the Iowa Communications Network, for subsidization of operations of the network as a result of charging authorized users' video rates which generate less revenue than necessary to cover associated costs of the network, for support functions related to the network provided by the Public Broadcasting Division of the Department of Education, for information technology services provided by the Department of General Services to other state agencies, and for the support of specified full-time equivalent positions.
The Act allocates moneys in the Reversion Technology Initiatives Account for FY 1999-2000 in a priority order for specific projects. This provision takes effect May 26, 1999.
The Act expresses the General Assembly's intent to create an information technology department effective July 1, 2000. The mission of the intended department is to foster the intelligent application of information technology to improve the lives of Iowans. The Act creates a transition team, effective May 26, 1999, to develop a written proposal for submission to the General Assembly concerning the creation of the information technology department. The Act appropriates $200,000 to the Department of General Services for the activities of the transition team, including the costs associated with any consultant retained by the transition team to assist in its duties.
The Act moves the responsibility for providing telecommunications cabling necessary to provide state communications from the Department of General Services to the Iowa Telecommunications and Technology Commission. The Act also provides for the transfer of personnel and funding associated with providing telecommunications cabling, as well as for the transfer of existing funds in the Telecommunications and Electric Cabling Revolving Fund in the Department of General Services.
The Act creates an IowAccess Revolving Fund, moneys from which are to be used by the Division of Information Technology Services of the Department of General Services to maintain, develop, operate, and expand the IowAccess Network.
Code Section 22.3A is amended to provide that the amount a government body may charge to a person for access to a public record shall not be more than that required to recover direct publication costs incurred by the government body in developing the data processing software and preparing the data processing software for transfer to the person. Currently, that limit applies to access to data processing software which is provided to a person solely for the purpose of accessing a public record. The Act also changes references in that section involving "reproduction of a public record" to "accessing a public record."
The Act provides that the minimum fee for a certified abstract of a person's operating record is $5.50. Currently, that minimum fee would apply to all abstracts provided by the department. The Act also provides that an additional access fee may be charged for each abstract supplied through electronic data transfer.
The Act directs the IowAccess Advisory Council, by no later than October 15, 1999, to develop and make a written recommendation to the Legislative Oversight Committee of the Legislative Council concerning the establishment of a permanent governing board for IowAccess and the implementation of a fee-for-service-based model of operation for the IowAccess Network.
The Act provides funding of $1 million for IowAccess. The funding is provided by the transfer to the Division of Information Technology Services of the first $1 million collected by the Iowa Department of Transportation for transactions involving the furnishing of a certified abstract of a vehicle operating record.
The Act provides that certain appropriations made from the Reversion Technology Initiatives Account for FY 1998-1999 are not to revert but will be used for the purposes for which appropriated for FY 1999-2000. This provision takes effect May 26, 1999.
The Act provides for monthly reports by state agencies, the Judicial Branch, and the Computer Support Bureau with regard to the progress of implementing century date change programming.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
A requirement that by no later than July 1, 1999, the staff of the Iowa Telecommunications and Technology Commission establish budget units and accounts using the state budget system and the Iowa finance and accounting system.
HOUSE FILE 772 - Appropriations - Infrastructure and Capital Projects(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act makes appropriations from the Rebuild Iowa Infrastructure Fund and to the Iowa Resources Enhancement and Protection Fund principally for fiscal years during the period beginning July 1, 1999, and ending June 30, 2001, for various capital and other projects. These appropriations include capital projects for the departments of Cultural Affairs, Corrections, General Services, Economic Development, Public Defense, Public Safety, Natural Resources, Transportation, and Agriculture and Land Stewardship, and for the Commission of Veterans Affairs, the Judicial Branch, the Legislative Council, the State Fair Foundation, the State Board of Regents, and the Office of Treasurer of State. The Act makes a supplemental appropriation, effective May 24, 1999, for FY 1998-1999 to the Department of General Services for renovations, maintenance and utility upgrades at the state hospital-schools and at the state mental health institute at Independence.
STATUTORY CHANGES. The Act amends Code Section 8.6 to provide that the Director of the Department of Management shall compile all capital project budgeting requests of all state agencies and prepare a capital project priority plan for submission with other budget documents with the Governor's budget message, rather than submitting the compilation and plan in a report to the Legislative Capital Projects Committee.
This Act establishes, in new Code Sections 15.371 through 15.373, the Community Attraction and Tourism Development Program. The Act provides that the program will assist communities in the development and creation of multiple-purpose attraction and tourism facilities. Only a political subdivision of the state may submit an application for financial assistance under the program. The Act provides that the Department of Economic Development shall consider certain criteria in reviewing the applications, including the projected employment impact of a project, the projected attraction and tourism opportunities generated by a project, and the projected economic impact of a project. The Act also establishes the Community Attraction and Tourism Development Fund for use in funding program projects.
The Act also amends Code Section 161A.80, relating to the Blufflands Protection Revolving Fund, to provide that the Department of Natural Resources shall join with the Department of Agriculture and Land Stewardship in adopting rules to administer the disbursement of funds from the revolving fund. This provision takes effect May 24, 1999.
The Act creates new Code Section 161C.7, relating to watershed protection. The Department of Agriculture and Land Stewardship is directed to establish a Watershed Protection Task Force to study the condition of watershed protection in the state and make recommendations to the department regarding soil conservation, water quality protection, flood control, and other natural resource conservation issues. The department is also directed to implement and administer a Watershed Protection Program. The program shall target for assistance those watersheds on a prioritized list established by the department in consultation with the Department of Natural Resources. The Act creates a Watershed Protection Account within the Water Protection Fund to be used for purposes of the program.
Code Section 174.3 is amended to provide that a county ordinance shall not impair the authority of a society conducting a county fair.
Code Sections 174.10 through 174.12, relating to state aid for county and local fairs, are amended by the Act. Code Sections 174.10 and 174.12 are amended to provide that moneys appropriated for such aid are to be paid to the Office of Treasurer of State rather than directly to the societies conducting the fairs. The Association of Iowa Fairs is designated as the administrative agent for such funds. Currently, the Iowa State Fair Foundation acts as the administrative agent. The Act increases the amount that is withheld from a society's state aid payment, unless the society meets certain requirements, from $500 to $1,000.
Code Section 174.11, providing a formula for the amount allowed in state aid to an eligible society conducting a fair, is repealed.
New Code Section 174.17 provides that a county fair society that conducts a county fair which has annual attendance of at least 150,000 and annual gate admission revenues of at least $400,000 may issue bonds which are payable from revenue generated by the operations of the county fair and the use and rental of the real and personal property owned or leased by the county fair society. After 10 days' notice of the proposal to issue bonds, including the amount of the bond issue, purpose, maximum rate of interest, and the right to petition for an election, the county fair society may take action to issue the bonds. If a petition signed by 3 percent of the registered voters of the county requesting an election is filed before the date fixed for taking action on issuance of the bond, a special election shall be called and the bond issue is not approved unless the vote in favor of the proposal is equal to at least 60 percent of the vote cast.
To further secure the payment of any bonds issued, the county board of supervisors may provide for the assessment of an annual levy of a standby tax upon all taxable property within the county. The revenues from the standby tax shall be deposited in a special fund and shall be expended only for the payment of the principal and interest on the bonds when the receipts of pledged revenues are insufficient to pay the principal and interest on the bonds due.
The Act amends Code Section 414.1 to allow the City of Des Moines, for the purpose of preserving the view of the state capitol building, to regulate the height and size of buildings and other structures. Such regulations are to be made in accordance with a comprehensive plan and in consultation with the Capitol Planning Commission.
The Act also amends a provision in Code Section 452A.79 relating to the manner in which revenues from the excise tax on motor fuel used in watercraft may be used. Currently, such funds may be appropriated to the Department of Natural Resources for use in its recreational boating program, including the dredging and renovation of natural lakes. The Act removes the qualification that a lake, to be dredged or renovated, must be a natural lake.
1998 IOWA ACTS AMENDED. The Act amends 1998 Iowa Acts, Chapter 1219, Section 6, subsection 1, relating to an appropriation from the Rebuild Iowa Infrastructure Fund to the Department of General Services, effective May 24, 1999. The Act expands the authority of the department to purchase certain property for renovation of state-owned facilities. It also authorizes the department to use a portion of the appropriation for completion of an infrastructure assessment.
The Act also amends 1998 Iowa Acts, Chapter 1219, Section 10, subsection 4, relating to an appropriation from the Rebuild Iowa Infrastructure Fund to the Department of Natural Resources for lake dredging, effective May 24, 1999. The Act allows the department to use up to $100,000 of a Lake Rehabilitation Pilot Program allocation for a diagnostic feasibility study of Clear Lake and modifies the local matching funds requirement.
INTERIM STUDIES. The Act requests the Legislative Council to establish an interim committee to study the financing mechanisms for K-12 school buildings, and an interim committee to study issues relating to the sale, use, and health and environmental effects of oxygenate enhancers contained in motor vehicle fuel.
THE GOVERNOR ITEM VETOED THE FOLLOWING:
  1. FY 2000-2001 funding for Historical Site Preservation Grants, the Physical Infrastructure Assistance Program, Accelerated Career Education Program capital projects, design and construction of an Iowa Hall of Pride, a pursuit driving training track, capital projects at regents universities, vertical infrastructure improvements at commercial air service airports, county fair infrastructure improvements, the Alternative Drainage System Assistance Fund, financial incentives for soil conservation practices, recreational grants, lake dredging, capital projects from marine fuel tax receipts, water quality monitoring stations, a tree-planting program, and the Iowa Resources Enhancement and Protection Fund.
  2. A directive to the Department of Economic Development to adopt certain rules for awarding financial assistance for advanced research and commercialization projects.
  3. A prohibition on the use of recreational trail funds appropriated to the state Department of Transportation for involuntary condemnation of land for recreational trail projects or recreational trail projects on land acquired by involuntary condemnation after May 24, 1999.
  4. A provision establishing a Community Attraction and Tourism Development Program Review Committee to review applications for Community Attraction and Tourism Development Fund assistance.
HOUSE FILE 781 - Compensation for Public Employees(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act appropriates $52.8 million for the fiscal year beginning July 1, 1999, to fund salary adjustments for certain state elected officers, 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 10 percent. The maximum salary levels of all pay plans for other state employees, excluding employees of the State Board of Regents, are increased by 3 percent for the pay periods beginning June 25, l999, and these employees may receive a step increase or the equivalent of a step increase. For merit system and merit supervisory employees of the State Board of Regents, salary increases shall be similar to contract-covered employees and faculty members and professional and technical employees, and salary increases shall be comparable to contract-covered employees in the University of Northern Iowa faculty bargaining unit.
The Attorney General, Auditor of State, Secretary of State, and the Treasurer of State are given 3 percent annual salary increases.
This Act specifies that sworn peace officers in the Department of Public Safety, not covered by a collective bargaining agreement, receive the same per diem meal allowance as covered sworn peace officers.
This Act provides $133,800 to fund a model administrator/coordinator to maintain the state's salary model in conjunction with the Legislative Fiscal Bureau and provide state employee salary and benefit information.
This Act establishes a state employee health flexible spending account and authorizes the Department of Personnel to bill for administrative costs.
Senior judges and their spouses are given extended medical insurance coverage until the judge reaches 78 years of age.
Effective May 17, 1999, and retroactively applicable to January 1, 1999, the Act exempts from the state premium tax benefits acquired by the Department of Personnel on behalf of state employees.
HOUSE FILE 782 - Miscellaneous Supplemental and Other Appropriations and Provisions(full text of act)
BY COMMITTEE ON APPROPRIATIONS. This Act relates to various public expenditures and regulatory matters by making appropriations and various statutory changes.
Division I - MH/MR/DD Allowed Growth
Division I of the Act makes an appropriation for the county mental health, mental retardation and developmental disabilities services growth factor adjustment for FY 2000-2001. Under Code Section 331.438, the allowed growth factor amount is to be established in a statute that is enacted during the fiscal year that begins two years in advance of the fiscal year to which the adjustment applies. The appropriation is allocated for distribution to counties and to various funding pools for specified purposes.
Division II - Lottery Proceeds
Division II amends Code Section 99E.10, relating to lottery revenues, to provide for transfer of the revenues to the General Fund of the State. Under previous law, the lottery revenue remaining after payment of expenses is transferred to the CLEAN Fund. The Act repeals Code Section 99E.34, providing for expenditures from the CLEAN Fund for the 10-year period ending June 30, 2000.
Division III - State Medical Examiner
Division III relates to the State Medical Examiner by amending Code Chapter 691 to provide that this position is established for administrative purposes within the Iowa Department of Public Health, instead of under the control of the Commissioner of Public Safety. New Code Section 691.6A creates the position of deputy state medical examiner. New Code Section 691.6B creates an Interagency Coordinating Council to advise the State Medical Examiner regarding the needs and interests of the departments of Public Safety and Public Health. New Code Section 691.6C creates a State Medical Examiner Advisory Council. Code Section 691.7 provides for acceptance of federal or private grants for the office by the Director of Public Health. The State Medical Examiner is to conduct a study of the office in consultation with the advisory council. Appropriations to the Department of Public Safety as of the division's effective date of May 27, 1999, are transferred to the Iowa Department of Public Health.
Division IV - FY 1999-2000 Appropriations and Related Provisions
Division IV contains an appropriation for an increase in the standing appropriation to the Special Olympics Fund from $20,000 to $30,000.
The Division amends the statute relating to the Innovations Fund to allow for approval of projects that result in savings to the General Fund of the State, rather than to a requesting agency, and provides for an appropriation to repay the loan for such projects.
The Division provides that revenues from the statewide property tax imposed pursuant to the electricity and natural gas replacement tax Code chapter are to be available to the departments of Management and Revenue and Finance as appropriated by the General Assembly. The Division also contains the specific appropriations for those departments for FY 1999-2000 of $75,000.
The Division increases by one the full-time equivalent position authorization for the Institute of Decision Making at the University of Northern Iowa.
The Division also makes an $80,000 appropriation to the Iowa Law Enforcement Academy for the Drug Abuse Resistance Education (D.A.R.E.) Program.
Division V - Supplemental Appropriations for FY 1998-1999
Division V is effective May 27, 1999, and provides that:
  1. Moneys are appropriated for international trade operations from moneys previously appropriated for a China-Des Moines trade and cultural center that was never built.
  2. Moneys remaining from a previous appropriation for state reengineering projects are not to revert but will remain available for the purposes designated.
  3. Moneys are reallocated from unused FY 1998-1999 appropriations for Extended School Year Grants to a school violence crisis intervention task force and for Internet filter services.
  4. Supplemental appropriations for FY 1998-1999 are made to the Department of Education for the Geography Alliance and to the State Board of Regents for use at the University of Northern Iowa's Waste Reduction Center for the Environmental Auditor Training Program, and to the Department of Human Services for implementing Linn County's runaway treatment plan.
Division VI - Miscellaneous
Division VI does the following:
  1. Amends Code Section 232.2, as amended by S.F. 193 (see Children & Youth), as it relates to expanding the requirements placed on guardians ad litem for children in juvenile cases, by making attendance at Department of Human Services staff meetings or case conferences, and at meetings with medical or mental health providers, service providers, organizations, or educational institutions, discretionary. In addition, the order appointing a guardian ad litem does not have to specify the duty of the guardian ad litem to interview relevant people and inspect and copy relevant documents and records.
  2. Amends Code Chapter 137F, relating to exemptions from inspection requirements under the definition of a "food establishment," and to exempt wild morel mushrooms, aged cheese, whole muscle red meats, and certain jams, jellies and preserves from inspections pursuant to the state Food Code.
  3. Provides for the suspension or revocation of the driver's license or operating privilege of a child if the child commits an assault upon an employee of a school with intent to inflict serious injury, carries a dangerous weapon on school grounds, or carries or transports a firearm on school grounds.
  4. Permits a single individual to form a professional limited liability company.
  5. Directs the General Assembly to enact legislation by March 1, 2000, to address alternative high school program funding and also directs the School Finance Interim Study Committee to study and make recommendations for such funding.
  6. Repeals the exemption from the regulation of home food establishments for those establishments having gross annual sales of prepared food of $1,000 or less if the preparer of the food identifies, by name and address, the person preparing the food.
  7. Provides that under the Healthy and Well Kids in Iowa (HAWK-I) Program, the HAWK-I Board does not have to, but may, include in its outreach efforts a comprehensive statewide media campaign; solicitation of cooperation from programs, agencies, and other persons likely to have contact with eligible children; and the development of community plans for outreach and marketing. In addition, the Division repeals the requirement that the administrative contractor for the HAWK-I Program perform outreach activities based upon the outreach plan approved by the HAWK-I Board.
Division VII - Corrective Amendments
Division VII contains corrective amendments to bills that were enacted during the 1999 Legislative Session.

RELATED LEGISLATION

SENATE FILE 76 -- Transportation - Reversion, Nonreversion, and Appropriation of Certain Funds (Complete summary under TRANSPORTATION.)
This Act relates to appropriations to the state Department of Transportation (IDOT). It authorizes IDOT to encumber up to 50 percent of unused operational appropriations to IDOT from the Road Use Tax Fund and the Primary Road Fund, makes an appropriation from the Road Use Tax Fund to IDOT for FY 1999-2000 to support the county issuance of driver's licenses, specifies that money transferred from lottery revenues to the Railway Finance Authority for a community assistance grant in 1994 Iowa Acts, Chapter 1199, shall not revert, but shall be transferred to the Railroad Revolving Loan Fund, and permits IDOT to use moneys in the Railroad Revolving Loan Fund to erect close-clearance warning devices along railroad rights-of-way when necessary.
SENATE FILE 439 -- Iowa Community Empowerment - Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)
This Act relates to the Iowa Community Empowerment Act, the Iowa Empowerment Board, and related provisions. The Act allocates funding appropriated in S.F. 464, relating to education appropriations, and amends funding distribution provisions in H.F. 760 (see Human Services), relating to human services appropriations.
SENATE FILE 465 -- Accelerated Career Education Program (Complete summary under ECONOMIC DEVELOPMENT.)
This Act provides that a community college may enter into an agreement with certain employers to establish an Accelerated Career Education Program. The Governor item vetoed a provision of the Act that would have established a method of allocation of any moneys appropriated by the General Assembly for program capital costs. The Act takes effect May 24, 1999.
HOUSE FILE 147 -- Funding for School Districts With Decreasing or Increasing Enrollments (Complete summary under EDUCATION.)
This Act provides additional funding for certain school districts experiencing either decreasing or increasing enrollments. The Act extends the budget guarantee provision for the budget year commencing July 1, 1999, and authorizes the Department of Management to provide additional state aid to enable a district to receive 100 percent of its regular program district cost for the base year for the school budget year. The Act also appropriates up to $4 million for FY 1999-2000 from the General Fund of the State to the Department of Education for on-time funding for school districts.
HOUSE FILE 743 -- Education Block Grants - Early Intervention and School Improvement Technology (Complete summary under EDUCATION.)
This Act establishes an Iowa Early Intervention Block Grant Program within the Department of Education and appropriates for the program, from the General Fund of the State, $10 million for FY 1999-2000, $20 million for FY 2000-2001, and $30 million for FY 2001-2002. The Act also provides for a School Improvement Technology Block Grant Program by appropriating $30 million annually for FY 2002-2003 and FY 2003-2004, effectively extending the current School Improvement Technology Program for two years. However, the new School Improvement Technology Block Grant Program authorizes school districts to use up to two-thirds of the moneys received under the new technology program for purposes permitted under the Iowa Early Intervention Block Grant Program.
HOUSE FILE 779 -- Linked Investment Programs (Complete summary under AGRICULTURE.)
This Act amends provisions in Code Chapter 12 that allow the Treasurer of State to invest up to $68 million or 10 percent of the balance of the State Pooled Money Fund in certificates of deposit in eligible lending institutions. The state receives a lower interest rate as part of an agreement in which the lending institution loans moneys to eligible persons, under programs specified in the chapter, at a reduced rate of interest. The Act increases the amount that the Treasurer of State may invest to $108 million, but provides that the additional moneys must be used to support a program for traditional livestock producers and a program for value-added agricultural projects. The Act takes effect May 24, 1999.

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