House Amendment 8053
PAG LIN
1 1 Amend Senate File 2088, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 31, after line 21 by inserting:
1 4 <DIVISION ___
1 5 IOWA COMMUNICATIONS NETWORK
1 6 Sec. ___. SALE OR LEASE OF IOWA COMMUNICATIONS
1 7 NETWORK. The Iowa telecommunications and technology
1 8 commission shall implement a request for proposals
1 9 process to sell or lease the Iowa communications
1 10 network. The request for proposals shall provide for
1 11 the sale to be concluded or the lease to commence
1 12 during the fiscal year beginning July 1, 2010. The
1 13 commission shall condition the sale or lease of the
1 14 Iowa communications network with terms that will allow
1 15 existing authorized users of the network to continue
1 16 such use at a lower overall long=term cost when
1 17 compared to the anticipated operation and maintenance
1 18 costs if state ownership and control were to continue.
1 19 The commission shall submit periodic status reports
1 20 to the general assembly at three=month intervals,
1 21 beginning on October 1, 2010, regarding progress made
1 22 toward selling or leasing the network.>
1 23 #2. Page 33, after line 3 by inserting:
1 24 <Sec. ___. Section 68B.8, Code 2009, is amended by
1 25 adding the following new unnumbered paragraph:
1 26 NEW unnumbered PARAGRAPH A state agency of the
1 27 executive branch of state government shall not employ
1 28 a person through the use of its public funds whose
1 29 position with the agency is primarily representing the
1 30 agency relative to the passage, defeat, approval, or
1 31 modification of bills that are being considered by the
1 32 general assembly.>
1 33 #3. Page 34, after line 21 by inserting:
1 34 <Sec. ___. OFFICE EXPENSES == MANDATORY
1 35 REDUCTION. For the fiscal year beginning July 1,
1 36 2010, and ending June 30, 2011, the appropriations
1 37 from the general fund of the state to a state
1 38 department or state agency to which appropriations
1 39 are made pursuant to the 2010 Regular Session of the
1 40 Eighty=Third General Assembly are reduced by such
1 41 amount, as necessary to effect a 50 percent reduction
1 42 in the amount appropriated for expenditures for office
1 43 supplies, services contracts, and equipment purchases.
1 44 The reduction of the individual appropriations
1 45 shall be determined by the department of management
1 46 in consultation with the affected departments and
1 47 agencies on the basis of the expected expenditures
1 48 for such items by the affected state department or
1 49 agency for the fiscal year without the deduction
1 50 required by this section. The specific amount that
2 1 each individual appropriation is reduced shall be
2 2 outlines in a memorandum prepared by the department
2 3 of management which shall be submitted to the general
2 4 assembly and legislative services agency within 30
2 5 days of the effective date of this section of this
2 6 Act. The reduction of an individual appropriation
2 7 pursuant to this section shall be in addition to
2 8 any other reduction required by law and general fund
2 9 appropriations reduced pursuant to this section shall
2 10 not be expended for any other purposes but shall be
2 11 retained in the general fund of the state.>
2 12 #4. Page 44, after line 32 by inserting:
2 13 <Sec. ___. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
2 14 STATE=OWNED PASSENGER VEHICLES == DISPOSITION AND SALE ==
2 15 FLEET PRIVATIZATION.
2 16 1. Consistent with the requirements of section
2 17 8A.361, the department of administrative services shall
2 18 be the sole department authorized to operate a pool of
2 19 passenger vehicles located in Polk county for temporary
2 20 assignment to multiple drivers of a state department
2 21 or agency that is located within Polk county. By
2 22 September 30, 2010, all passenger vehicles located
2 23 in Polk county and designated for use by multiple
2 24 drivers that are assigned to a state department or
2 25 agency within Polk county on January 1, 2010, or later,
2 26 shall be returned to the department of administrative
2 27 services for use and disposition as provided by this
2 28 section.
2 29 2. On or before December 31, 2010, the department
2 30 of administrative services shall sell at auction
2 31 passenger vehicles returned to the department of
2 32 administrative services pursuant to subsection 1
2 33 and passenger vehicles otherwise under the control
2 34 of the department for use by multiple drivers of
2 35 state departments or agencies within Polk county.
2 36 Notwithstanding the provisions of section 8A.364 to the
2 37 contrary, proceeds from the sale of motor vehicles as
2 38 provided by this subsection shall be credited to the
2 39 fund from which the motor vehicles were purchased.
2 40 3. On or before December 31, 2010, the department
2 41 of administrative services shall implement a request
2 42 for proposal process and shall enter into a contract
2 43 for the purposes of outsourcing state vehicle leasing
2 44 to a private entity.
2 45 4. For purposes of this section, "passenger
2 46 vehicles" means United States environmental protection
2 47 agency designated compact sedans, compact wagons,
2 48 midsize sedans, midsize wagons, full=size sedans,
2 49 and passenger minivans. "Passenger vehicles" does
2 50 not mean utility vehicles, vans other that passenger
3 1 minivans, fire trucks, ambulances, motor homes, buses,
3 2 medium=duty and heavy=duty trucks, heavy construction
3 3 equipment, and other highway maintenance vehicles,
3 4 vehicles assigned for law enforcement purposes, and
3 5 any other classes of vehicles of limited application
3 6 approved by the director of the department of
3 7 administrative services.>
3 8 #5. Page 112, after line 5 by inserting:
3 9 <DIVISION ___
3 10 REBUILD IOWA OFFICE
3 11 Sec. ___. Section 16.191, subsection 2, paragraph
3 12 e, Code Supplement 2009, is amended to read as follows:
3 13 e. The executive director of the rebuild Iowa
3 14 office or the director's designee until June 30, 2011,
3 15 and then the administrator of the homeland security
3 16 and emergency management division of the department of
3 17 public defense or the administrator's designee.
3 18 Sec. ___. Section 103A.8C, subsection 1, Code
3 19 Supplement 2009, is amended to read as follows:
3 20 1. The commissioner, after consulting with
3 21 and receiving recommendations from the department
3 22 of public defense, and the department of natural
3 23 resources, and the rebuild Iowa office, shall adopt
3 24 rules pursuant to chapter 17A specifying standards and
3 25 requirements for design and construction of safe rooms
3 26 and storm shelters. In developing these standards,
3 27 the commissioner shall consider nationally recognized
3 28 standards. The standards and requirements shall be
3 29 incorporated into the state building code established
3 30 in section 103A.7, but shall not be interpreted
3 31 to require the inclusion of a safe room or storm
3 32 shelter in a building construction project unless such
3 33 inclusion is expressly required by another statute
3 34 or by a federal statute or regulation. However,
3 35 if a safe room or storm shelter is included in any
3 36 building construction project which reaches the
3 37 design development phase on or after January 1, 2011,
3 38 compliance with the standards developed pursuant to
3 39 this section shall be required.
3 40 Sec. ___. Section 466B.3, subsection 4, paragraph
3 41 n, Code Supplement 2009, is amended by striking the
3 42 paragraph.
3 43 Sec. ___. 2009 Iowa Acts, chapter 169, section 10,
3 44 subsection 6, is amended to read as follows:
3 45 6. a. This section is repealed June 30, 2011.
3 46 b. On July 1, 2010, the rebuild Iowa office shall
3 47 cease functioning and dissolve, and the homeland
3 48 security and emergency management division of the
3 49 department of public defense shall assume all duties of
3 50 the rebuild Iowa office designated in this section.
4 1 Sec. ___. 2009 Iowa Acts, chapter 181, section 25,
4 2 is amended to read as follows:
4 3 SEC. 25. REBUILD IOWA OFFICE. There is
4 4 appropriated from the general fund of the state to
4 5 the rebuild Iowa office for the fiscal year beginning
4 6 July 1, 2009, and ending June 30, 2010, the following
4 7 amount, or so much thereof as is necessary, to be used
4 8 for the purposes designated:
4 9 For salaries, support, maintenance, miscellaneous
4 10 purposes, and for not more than the following full=time
4 11 equivalent positions:
4 12 .................................................. $ 198,277
4 13 ............................................... FTEs 12.00
4 14 It is the intent of the general assembly that,
4 15 pursuant to 2009 Iowa Acts, chapter 169, House File
4 16 64, as amended by this 2010 Iowa Act, the rebuild
4 17 Iowa office shall be repealed cease functioning and
4 18 dissolve effective June 30, 2011 July 1, 2010, and
4 19 shall not receive an appropriation from the general
4 20 fund of the state after that date.>
4 21 #6. Page 161, after line 5 by inserting:
4 22 <DIVISION ___
4 23 OFFICE OF ENERGY INDEPENDENCE AND IOWA POWER FUND
4 24 Sec. ___. Section 7E.5, subsection 1, paragraph q,
4 25 Code Supplement 2009, is amended to read as follows:
4 26 q. The department of natural resources, created in
4 27 section 455A.2, which has primary responsibility for
4 28 state parks and forests, protecting the environment,
4 29 and managing energy, fish, wildlife, and land and water
4 30 resources.
4 31 Sec. ___. Section 11.5B, subsection 15, Code 2009,
4 32 is amended by striking the subsection.
4 33 Sec. ___. Section 15H.6, subsection 1, Code
4 34 Supplement 2009, is amended to read as follows:
4 35 1. The Iowa commission on volunteer service, in
4 36 collaboration with the department of natural resources,
4 37 the department of workforce development, the office
4 38 of energy independence, and the utilities board of
4 39 the department of commerce, shall establish an Iowa
4 40 green corps program. The commission shall work with
4 41 the collaborating agencies and nonprofit agencies
4 42 in developing a strategy for attracting additional
4 43 financial resources for the program from other sources
4 44 which may include but are not limited to utilities,
4 45 private sector, and local, state, and federal
4 46 government funding sources. The financial resources
4 47 received shall be credited to the community programs
4 48 account created pursuant to section 15H.5.
4 49 Sec. ___. Section 22.7, subsection 60, Code
4 50 Supplement 2009, is amended by striking the subsection.
5 1 Sec. ___. Section 103A.8B, Code 2009, is amended to
5 2 read as follows:
5 3 103A.8B Sustainable design or green building
5 4 standards.
5 5 The commissioner, after consulting with and
5 6 receiving recommendations from the department
5 7 of natural resources and the office of energy
5 8 independence, shall adopt rules pursuant to chapter 17A
5 9 specifying standards and requirements for sustainable
5 10 design and construction based upon or incorporating
5 11 nationally recognized ratings, certifications, or
5 12 classification systems, and procedures relating
5 13 to documentation of compliance. The standards and
5 14 requirements shall be incorporated into the state
5 15 building code established in section 103A.7, but
5 16 in lieu of general applicability shall apply to
5 17 construction projects only if such applicability is
5 18 expressly authorized by statute, or as established by
5 19 another state agency by rule.
5 20 Sec. ___. Section 268.6, subsection 2, Code
5 21 Supplement 2009, is amended to read as follows:
5 22 2. The university is encouraged to cooperate with
5 23 agricultural and energy efficiency advocates and
5 24 governmental entities in administering the program,
5 25 including the office of energy independence established
5 26 pursuant to section 469.2.
5 27 Sec. ___. Section 455A.2, Code Supplement 2009, is
5 28 amended to read as follows:
5 29 455A.2 Department of natural resources.
5 30 A department of natural resources is created, which
5 31 has the primary responsibility for state parks and
5 32 forests, protecting the environment, and managing
5 33 energy, fish, wildlife, and land and water resources in
5 34 this state.
5 35 Sec. ___. Section 455B.851, subsection 2, paragraph
5 36 a, subparagraph (17), Code 2009, is amended by striking
5 37 the subparagraph.
5 38 Sec. ___. Section 470.1, Code Supplement 2009, is
5 39 amended by adding the following new subsection:
5 40 NEW SUBSECTION. 1A. "Department" means the
5 41 department of natural resources.
5 42 Sec. ___. Section 470.1, subsection 2, Code
5 43 Supplement 2009, is amended to read as follows:
5 44 2. "Director" means the director of the office of
5 45 energy independence department of natural resources.
5 46 Sec. ___. Section 470.1, subsection 8, Code
5 47 Supplement 2009, is amended by striking the subsection.
5 48 Sec. ___. Section 473.1, Code Supplement 2009, is
5 49 amended by adding the following new subsection:
5 50 NEW SUBSECTION. 2A. "Department" means the
6 1 department of natural resources.
6 2 Sec. ___. Section 473.1, subsection 3, Code
6 3 Supplement 2009, is amended to read as follows:
6 4 3. "Director" means the director of the
6 5 office department or a designee.
6 6 Sec. ___. Section 473.1, subsection 5, Code
6 7 Supplement 2009, is amended by striking the subsection.
6 8 Sec. ___. REPEAL. Sections 469.1, 469.2, 469.5,
6 9 469.7, and 469.8, Code 2009, are repealed.
6 10 Sec. ___. REPEAL. Sections 469.3, 469.4, 469.6,
6 11 469.9, 469.10, and 469.11, Code Supplement 2009, are
6 12 repealed.
6 13 Sec. ___. CODE EDITOR DIRECTIVE.
6 14 1. The Code editor is directed to change the
6 15 words "office of energy independence" to "department
6 16 of natural resources" in Code sections 7D.34, 7D.35,
6 17 8A.362, 72.5, 103A.8, 103A.27, 159A.3, 159A.4, 159A.6B,
6 18 266.39C, 272C.2, 279.44, 323A.2, 441.21, 476.6, and
6 19 476.63.
6 20 2. The Code editor is directed to change the word
6 21 "office" to "department" in Code sections 470.3, 470.7,
6 22 473.7, 473.8, 473.10, 473.13A, 473.15, 473.19, 473.19A,
6 23 473.20, 473.20A, and 473.41.
6 24 Sec. ___. TRANSITION PROVISIONS == CONTINUATION OF
6 25 GRANTS.
6 26 1. Any moneys remaining in any account or fund
6 27 under the control of the office of energy independence
6 28 on the effective date of this division of this Act
6 29 relative to the provisions of this division of this
6 30 Act shall be transferred to a comparable fund or
6 31 account under the control of the department of natural
6 32 resources for such purposes. Notwithstanding section
6 33 8.33, the moneys transferred in accordance with this
6 34 subsection shall not revert to the account or fund from
6 35 which appropriated or transferred.
6 36 2. Any license, permit, or contract issued or
6 37 entered into by the office of energy independence
6 38 relative to the provisions of this division of this
6 39 Act in effect on the effective date of this division
6 40 of this Act shall continue in full force and effect
6 41 pending transfer of such licenses, permits, or
6 42 contracts to the department of natural resources.
6 43 3. Grants or loans awarded from the Iowa power
6 44 fund pursuant to section 469.9 prior to the effective
6 45 date of this division of this Act shall continue as
6 46 provided by the terms of the grants or loans and shall
6 47 be administered by the department of natural resources.
6 48 4. Federal funds utilized by the director of the
6 49 office of energy independence prior to the effective
6 50 date of this division of this Act to employ personnel
7 1 necessary to administer the provisions of this division
7 2 of this Act shall be applicable to the transfer of such
7 3 personnel from the office of energy independence to the
7 4 department of natural resources.
7 5 Sec. ___. TRANSITION PROVISIONS == EMERGENCY
7 6 RULEMAKING. Not later than July 1, 2010, the
7 7 department of natural resources shall adopt
7 8 administrative rules previously adopted by the office
7 9 of energy independence relative to the provisions of
7 10 this division of this Act in existence on the effective
7 11 date of this division of this Act by emergency
7 12 rulemaking pursuant to section 17A.4, subsection 3,
7 13 and section 17A.5, subsection 2, paragraph "b". The
7 14 rules shall be effective immediately upon filing unless
7 15 a later date is specified in the rules. Any rules
7 16 adopted in accordance with this section shall also be
7 17 published as a notice of intended action as provided
7 18 in section 17A.4. Any rule, regulation, form, order,
7 19 or directive promulgated by the office relative to the
7 20 provisions of this division of this Act shall continue
7 21 in full force and effect until such emergency rules are
7 22 adopted.
7 23 Sec. ___. EFFECTIVE UPON ENACTMENT. The section
7 24 of this division of this Act providing for emergency
7 25 rulemaking, being deemed of immediate importance, takes
7 26 effect upon enactment.>
7 27 #7. Page 166, before line 25 by inserting:
7 28 <DIVISION ___
7 29 CORE CURRICULUM
7 30 Sec. ___. Section 280.3, subsection 3, paragraphs a
7 31 and b, Code 2009, are amended to read as follows:
7 32 a. Adopt an implementation plan by July 1,
7 33 2010 2011, which provides for the adoption of at
7 34 least one core curriculum subject area each year
7 35 as established by the state board of education for
7 36 grades nine through twelve pursuant to section 256.7,
7 37 subsection 26. The core curriculum established for
7 38 grades nine through twelve by the state board of
7 39 education pursuant to section 256.7, subsection 26,
7 40 shall be fully implemented by each school district and
7 41 school by July 1, 2012 2013.
7 42 b. Adopt an implementation plan, by July 1,
7 43 2012 2013, which provides for the full implementation
7 44 of the core curriculum established for kindergarten
7 45 through grade eight by the state board of education
7 46 pursuant to section 256.7, subsection 26, by the
7 47 2014=2015 2015=2016 school year.
7 48 Sec. ___. CORE CURRICULUM APPROPRIATION FOR FISCAL
7 49 YEAR 2010=2011. State funds shall not be appropriated
7 50 or allocated to, or used by, the department of
8 1 education for the fiscal year beginning July 1, 2010,
8 2 and ending June 30, 2011, for purposes of developing or
8 3 implementing the core curriculum established pursuant
8 4 to section 256.7, subsection 26.
8 5 Sec. ___. PROFESSIONAL DEVELOPMENT FOR CORE
8 6 CURRICULUM INFUSION AND IMPLEMENTATION == REDUCTION IN
8 7 STATE AID PAYMENT. Notwithstanding section 257.10,
8 8 subsection 10, paragraph "a" and section 257.37A,
8 9 subsection 1, paragraph "a", for the fiscal year
8 10 beginning July 1, 2010, the professional development
8 11 allocation made to a school district or area education
8 12 agency pursuant to section 257.10, subsection 10,
8 13 paragraph "a", or section 257.37A, subsection 1,
8 14 paragraph "a", shall be reduced by the proportion of
8 15 the professional development allocation designated
8 16 for model core curriculum made in the fiscal year
8 17 beginning July 1, 2008, and specified in section
8 18 284.13, subsection 1, paragraph "d", subparagraph (1),
8 19 as enacted by 2008 Iowa Acts, chapter 1181, subsection
8 20 83, to the total professional development allocation
8 21 made in the fiscal year beginning July 1, 2008,
8 22 pursuant to section 284.13, subsection 1, paragraph
8 23 "d", subparagraph (1), as enacted by 2008 Iowa Acts,
8 24 chapter 1181, subsection 83.>
8 25 #8. Page 166, before line 25 by inserting:
8 26 <DIVISION ___
8 27 CORE CURRICULUM
8 28 Sec. ___. Section 280.3, subsection 3, paragraphs a
8 29 and b, Code 2009, are amended to read as follows:
8 30 a. Adopt an implementation plan by July 1,
8 31 2010 2011, which provides for the adoption of at
8 32 least one core curriculum subject area each year
8 33 as established by the state board of education for
8 34 grades nine through twelve pursuant to section 256.7,
8 35 subsection 26. The core curriculum established for
8 36 grades nine through twelve by the state board of
8 37 education pursuant to section 256.7, subsection 26,
8 38 shall be fully implemented by each school district and
8 39 school by July 1, 2012 2013.
8 40 b. Adopt an implementation plan, by July 1,
8 41 2012 2013, which provides for the full implementation
8 42 of the core curriculum established for kindergarten
8 43 through grade eight by the state board of education
8 44 pursuant to section 256.7, subsection 26, by the
8 45 2014=2015 2015=2016 school year.>
8 46 #9. Page 166, before line 25 by inserting:
8 47 <DIVISION ___
8 48 STATEWIDE PRESCHOOL PROGRAM FOR FOUR=YEAR=OLD CHILDREN
8 49 REPEAL
8 50 Sec. ___. Section 237A.21, subsection 3, paragraph
9 1 p, Code 2009, is amended by striking the paragraph.
9 2 Sec. ___. Section 256.11, subsection 1, paragraph
9 3 c, Code 2009, is amended by striking the paragraph.
9 4 Sec. ___. Section 256A.3, subsection 9, Code 2009,
9 5 is amended by striking the subsection.
9 6 Sec. ___. Section 257.16, subsection 1, Code 2009,
9 7 is amended to read as follows:
9 8 1. There is appropriated each year from the
9 9 general fund of the state an amount necessary to pay
9 10 the foundation aid under this chapter, the preschool
9 11 foundation aid under chapter 256C, supplementary
9 12 aid under section 257.4, subsection 2, and adjusted
9 13 additional property tax levy aid under section 257.15,
9 14 subsection 4.
9 15 Sec. ___. Section 272.2, subsection 18, Code
9 16 Supplement 2009, is amended to read as follows:
9 17 18. May adopt rules for practitioners who are not
9 18 eligible for a statement of professional recognition
9 19 under subsection 10, but have received a baccalaureate
9 20 degree and provide a service to students at any or all
9 21 levels from prekindergarten through grade twelve for a
9 22 school district, accredited nonpublic school, or area
9 23 education agency, or preschool program established
9 24 pursuant to chapter 256C.
9 25 Sec. ___. Section 285.1, subsection 1, paragraph
9 26 a, subparagraph (3), Code Supplement 2009, is amended
9 27 to read as follows:
9 28 (3) Children attending prekindergarten programs
9 29 offered or sponsored by the district or nonpublic
9 30 school and approved by the department of education or
9 31 department of human services or children participating
9 32 in preschool in an approved local program under chapter
9 33 256C may be provided transportation services. However,
9 34 transportation services provided to nonpublic school
9 35 children are not eligible for reimbursement under this
9 36 chapter.
9 37 Sec. ___. STATEWIDE PRESCHOOL FUNDING TO SCHOOL
9 38 READY CHILDREN PROGRAM.
9 39 1. There is appropriated from the general fund
9 40 of the state to the department of education for the
9 41 fiscal year beginning July 1, 2010, and ending June 30,
9 42 2011, the following amount, or so much thereof as is
9 43 necessary, to be used for the purposes designated:
9 44 For deposit in the school ready children grants
9 45 account of the Iowa empowerment fund created in section
9 46 28.9:
9 47 .................................................. $ 27,000,000
9 48 If an enactment in this Act or another Act repeals
9 49 the Iowa empowerment fund and creates a school ready
9 50 children account in the early childhood Iowa fund or in
10 1 another fund, the appropriation made in this section
10 2 shall be credited to such account and used in addition
10 3 to other appropriations for the school ready children
10 4 grant program in order to expand services under the
10 5 program to additional four=year=old children.
10 6 2. The appropriation made in this section replaces
10 7 a portion of the funding that would have otherwise
10 8 been appropriated for the statewide preschool program
10 9 for four=year=old children but for the repeal of that
10 10 program in accordance with this division of this Act.
10 11 It is the intent of the general assembly to continue
10 12 the supplemental funding provided in this section in
10 13 succeeding fiscal years.
10 14 Sec. ___. REPEAL. Sections 256C.1, 256C.2, 256C.3,
10 15 256C.4, 256C.5, 256C.6, and 279.51, Code 2009, are
10 16 repealed.>
10 17 #10. Page 198, after line 24 by inserting:
10 18 <DIVISION ___
10 19 REGENTS INSTITUTIONS
10 20 Sec. ___. Section 262.12, Code 2009, is amended to
10 21 read as follows:
10 22 262.12 Committees and administrative offices under
10 23 board.
10 24 1. The state board of regents shall also have and
10 25 exercise all the powers necessary and convenient for
10 26 the effective administration of its office and of the
10 27 institutions under its control, and to this end may
10 28 create such committees, offices, and agencies from its
10 29 own members or others, and employ persons to staff the
10 30 same, fix their staff compensation and tenure, and
10 31 delegate thereto, to staff or to the administrative
10 32 officers and faculty of the institutions under its
10 33 control, such part of the authority and duties vested
10 34 by statute in the state board, and shall formulate
10 35 and establish such rules, outline such policies, and
10 36 prescribe such procedures therefor, all as may be
10 37 desired or determined by the state board as recorded
10 38 in their its minutes.
10 39 2. Notwithstanding subsection 1, the state board of
10 40 regents shall consolidate into one system all of the
10 41 operational functions of the institutions of higher
10 42 education the board governs, including but not limited
10 43 to communication and information technology, personnel
10 44 and fiscal management systems, and legal services.
10 45 This single system shall be administered by the state
10 46 board and shall provide services uniformly to all
10 47 of the institutions of higher education governed by
10 48 the state board. An institution of higher education
10 49 governed by the state board shall not administer any of
10 50 these operational services independently, and shall not
11 1 procure operational services from any entity unless the
11 2 system administered by the state board does not offer
11 3 substantially the same service.
11 4 Sec. ___. REGENTS UNIVERSITY LEAVE LIMITATION ==
11 5 FISCAL YEAR 2011=2012. For the fiscal year beginning
11 6 July 1, 2011, and ending June 30, 2012, the state board
11 7 of regents shall limit the number of leaves of absence
11 8 granted to faculty members employed by an institution
11 9 pursuant to section 262.9, subsection 14, to not more
11 10 than the equivalent of 3.7 percent of the faculty
11 11 members employed by the institution on September 1,
11 12 2010.
11 13 Sec. ___. REGENTS INSTITUTIONS. The amounts
11 14 appropriated from the general fund of the state to
11 15 the state board of regents for the state university
11 16 of Iowa, the Iowa state university of science and
11 17 technology, and the university of northern Iowa, by any
11 18 legislation enacted during the 2010 Regular Session of
11 19 the Eighty=Third General Assembly, for the fiscal year
11 20 beginning July 1, 2010, and ending June 30, 2011, are
11 21 reduced by the following amount:
11 22 .................................................. $ 62,000,000
11 23 The state board of regents shall apply the reduction
11 24 made in this section to the appropriations made to
11 25 the indicated institutions in a manner so that an
11 26 institution's appropriation is reduced in proportion
11 27 to the amount the institution's appropriation in 2009
11 28 Iowa Acts, chapter 177, section 10, bears to the
11 29 total amount appropriated in that section to all three
11 30 institutions.>
11 31 #11. Page 247, after line 22 by inserting:
11 32 <DIVISION ___
11 33 DEPARTMENT OF PUBLIC HEALTH == TOBACCO
11 34 USE PREVENTION AND CONTROL
11 35 Sec. ___. YOUTH PROGRAM COMPONENT == COMMUNITY
11 36 PARTNERSHIPS == TOBACCO USE PREVENTION AND CONTROL ==
11 37 FISCAL YEAR 2010=2011. For the fiscal year beginning
11 38 July 1, 2010, the department of public health's
11 39 contracts with community partnership areas relating
11 40 to the tobacco use prevention and control initiative
11 41 established pursuant to chapter 142A shall no longer
11 42 allow state payment for the youth program component.
11 43 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
11 44 of this Act, being deemed of immediate importance,
11 45 takes effect upon enactment.>
11 46 #12. Page 249, after line 11 by inserting:
11 47 <DIVISION ___
11 48 SHELTER CARE
11 49 Sec. ___. SHELTER CARE CONTRACTS == FY
11 50 2010=2011. For the fiscal year beginning July 1, 2010,
12 1 the shelter care provider contracts with the department
12 2 of human services applicable to that fiscal year shall
12 3 no longer allow state payment for guaranteed shelter
12 4 beds in order for such payment to be provided only for
12 5 beds that are actually used during the fiscal year.
12 6 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
12 7 of this Act, being deemed of immediate importance,
12 8 takes effect upon enactment.>
12 9 #13. Page 249, after line 11 by inserting:
12 10 <DIVISION ___
12 11 DEPARTMENT OF HUMAN SERVICES == FAMILY PLANNING WAIVER
12 12 Sec. ___. MEDICAL ASSISTANCE FAMILY PLANNING WAIVER ==
12 13 FY2010=2011. For the fiscal year beginning July 1,
12 14 2010, the department of human services shall no longer
12 15 allow payment for the state share under the medical
12 16 assistance Iowa family planning network waiver.
12 17 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
12 18 of this Act, being deemed of immediate importance,
12 19 takes effect upon enactment.>
12 20 #14. Page 249, after line 11 by inserting:
12 21 <DIVISION ___
12 22 PUBLIC BENEFITS FOR UNAUTHORIZED ALIENS
12 23 Sec. ___. NEW SECTION. 234.15 Citizenship
12 24 verification program == public benefits.
12 25 1. Except as provided in subsection 3 or where
12 26 exempted by federal law, every state agency and
12 27 political subdivision shall verify the lawful presence
12 28 in the United States of any natural person eighteen
12 29 years of age or older who has applied for state
12 30 or local public benefits, as defined in 8 U.S.C. {
12 31 1621, or for federal public benefits, as defined in 8
12 32 U.S.C. { 1611, that are administered by an agency or a
12 33 political subdivision of this state.
12 34 2. The provisions of this section shall be enforced
12 35 without regard to race, religion, gender, ethnicity,
12 36 or national origin.
12 37 3. Verification of a person's lawful presence in
12 38 the United States under the provisions of this section
12 39 shall not be required for the following:
12 40 a. For any purpose for which lawful presence in the
12 41 United States is not restricted by law.
12 42 b. For assistance for health care items and
12 43 services that are necessary for the treatment of an
12 44 emergency medical condition, as defined in 42 U.S.C. {
12 45 1396b(v)(3), of the unauthorized alien involved and are
12 46 not related to an organ transplant procedure.
12 47 c. For short=term, noncash, in=kind emergency
12 48 disaster relief.
12 49 d. For public health assistance for immunizations
12 50 with respect to diseases and for testing and treatment
13 1 of symptoms of communicable diseases whether or not
13 2 such symptoms are caused by a communicable disease.
13 3 e. For programs, services, or assistance such as
13 4 soup kitchens, crisis counseling and intervention,
13 5 and short=term shelter specified by the United
13 6 States attorney general, in the sole and unreviewable
13 7 discretion of the United States attorney general after
13 8 consultation with appropriate federal agencies and
13 9 departments, which:
13 10 (1) Deliver in=kind services at the community
13 11 level, including through public or private nonprofit
13 12 agencies.
13 13 (2) Do not condition the provision of assistance,
13 14 the amount of assistance provided, or the cost of
13 15 assistance provided on the income or resources of the
13 16 individual recipient.
13 17 (3) Are necessary for the protection of life or
13 18 safety.
13 19 f. For prenatal care.
13 20 4. To verify a natural person's lawful presence in
13 21 the United States in order to receive benefits, the
13 22 agency or political subdivision required to make such
13 23 verification shall require that the applicant execute
13 24 an affidavit under penalty of perjury that makes one of
13 25 the following assertions:
13 26 a. The applicant is a United States citizen.
13 27 b. The applicant is a qualified alien under the
13 28 federal Immigration and Nationality Act, and is
13 29 lawfully present in the United States.
13 30 5. For any applicant who has executed the affidavit
13 31 described in subsection 4, paragraph "b", eligibility
13 32 for benefits shall be verified through the federal
13 33 systematic alien verification for entitlement program
13 34 operated by the United States department of homeland
13 35 security or a successor program designated by the
13 36 United States department of homeland security.
13 37 Until such eligibility verification is completed,
13 38 the affidavit may be presumed to be proof of lawful
13 39 presence for the purposes of this section.
13 40 6. a. A person who knowingly and willfully
13 41 makes a false, fictitious, or fraudulent statement
13 42 of representation in an affidavit executed pursuant
13 43 to subsection 4 is guilty of a fraudulent practice
13 44 pursuant to section 714.8, subsection 3.
13 45 b. If the affidavit constitutes a false claim of
13 46 United States citizenship under 18 U.S.C. { 911, a
13 47 complaint shall be filed by the agency requiring the
13 48 affidavit with the appropriate Iowa district of the
13 49 United States attorney's office.
13 50 7. An agency or political subdivision of this
14 1 state may adopt variations to the requirements of this
14 2 section which demonstrably improve the efficiency or
14 3 reduce delay in the verification process, or to provide
14 4 for adjudication of unique individual circumstances
14 5 where the verification procedures in this section would
14 6 impose unusual hardship on a legal resident of Iowa.
14 7 8. An agency or political subdivision of this state
14 8 shall not provide any state, local, or federal benefit,
14 9 as defined in 8 U.S.C. { 1621 or 8 U.S.C. { 1611, in
14 10 violation of the provisions of this section.
14 11 9. Each state agency or department which
14 12 administers any program of state or local public
14 13 benefits shall provide an annual report to the
14 14 secretary of state with respect to its compliance with
14 15 the provisions of this section. Any and all errors
14 16 shall be reported to the United States department of
14 17 homeland security by the secretary of state. The
14 18 secretary of state shall monitor the federal systematic
14 19 alien verification for entitlement program and its
14 20 verification application errors and significant delays
14 21 and shall issue an annual report to the governor and
14 22 the general assembly on such errors and significant
14 23 delays, and recommendations to ensure that the
14 24 application of the systematic alien verification of
14 25 entitlement program is not erroneously denying benefits
14 26 to legal residents of Iowa.>
14 27 #15. By renumbering as necessary.
RANTS of Woodbury
SF2088.751 (3) 83
ec/rj
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