Senate Amendment 5360


PAG LIN

     1  1    Amend House File 2531, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 4, line 6, by striking <and area education
     1  4 agency>
     1  5 #2.  Page 6, after line 29 by inserting:
     1  6    <Sec. ___.  Section 257.35, subsection 5, Code
     1  7 Supplement 2009, is amended to read as follows:
     1  8    5.  Notwithstanding subsection 1, and in addition to
     1  9 the reduction applicable pursuant to subsection 2, the
     1 10 state aid for area education agencies and the portion
     1 11 of the combined district cost calculated for these
     1 12 agencies for each fiscal year of the fiscal period
     1 13 beginning July 1, 2008, and ending June 30, 2010 2011,
     1 14 shall be reduced by the department of management by two
     1 15 million five hundred thousand dollars. The reduction
     1 16 for each area education agency for each fiscal year of
     1 17 the fiscal period beginning July 1, 2008, and ending
     1 18 June 30, 2010 2011, shall be prorated based on the
     1 19 reduction that the agency received in the fiscal year
     1 20 beginning July 1, 2003.>
     1 21 #3.  Page 10, line 20, by striking <may> and
     1 22 inserting <shall not>
     1 23 #4.  Page 13, line 21, after <officer,> by inserting
     1 24 <state debt coordinator,>
     1 25 #5.  Page 28, after line 7 by inserting:
     1 26    <Sec. ___.  2010 Iowa Acts, Senate File 2366,
     1 27 section 16, if enacted, is amended to read as follows:
     1 28    SEC. 16.  EFFECTIVE DATE == APPLICABILITY.  This
     1 29 section The sections of this division of this Act
     1 30 providing for transfers involving the college student
     1 31 aid commission and the department of inspections and
     1 32 appeals are retroactively applicable to December 14,
     1 33 2009, and apply in lieu of the transfers made for the
     1 34 same purposes by the executive branch, as reported by
     1 35 the department of management in the transfer notices
     1 36 dated December 14, 2009.>
     1 37 #6.  Page 29, after line 30 by inserting:
     1 38    <___.  The section of this division of this Act
     1 39 amending 2010 Iowa Acts, Senate File 2366, section 16.>
     1 40 #7.  Page 30, after line 8 by inserting:
     1 41    <Sec. ___.  DEPARTMENT OF CULTURAL AFFAIRS ==
     1 42 MERCHANT MARINE BONUS FUND.  There is appropriated
     1 43 from the merchant marine bonus fund of the state to
     1 44 the department of cultural affairs for the fiscal year
     1 45 beginning July 1, 2010, and ending June 30, 2011, any
     1 46 moneys remaining in the fund after the appropriation
     1 47 made pursuant to 2010 Iowa Acts, House File 2526,
     1 48 to be used for any costs relating to a study of the
     1 49 U.S.S. Iowa and for departmental salaries, support,
     1 50 maintenance, and miscellaneous purposes.
     2  1 Notwithstanding section 8.33, moneys appropriated in
     2  2 this section that remain unencumbered or unobligated
     2  3 at the close of the fiscal year shall not revert but
     2  4 shall remain available for expenditure for the purposes
     2  5 designated until the close of the succeeding fiscal
     2  6 year.>
     2  7 #8.  Page 30, after line 8 by inserting:
     2  8    <Sec. ___.  IOWA COMPREHENSIVE PETROLEUM UNDERGROUND
     2  9 STORAGE TANK FUND == APPROPRIATIONS.  There is
     2 10 appropriated from the Iowa comprehensive petroleum
     2 11 underground storage tank fund created in section 455G.3
     2 12 to the following departments and agencies for the
     2 13 fiscal year beginning July 1, 2010, and ending June
     2 14 30, 2011, the following amounts, or so much thereof as
     2 15 is necessary, to be used for the purposes designated,
     2 16 notwithstanding section 455G.3, subsection 1:
     2 17    1.  DEPARTMENT OF PUBLIC HEALTH == BOARD OF PHARMACY
     2 18    a.  For support of the Iowa pharmacy recovery
     2 19 network:
     2 20 .................................................. $    100,000
     2 21    b.  For continuation of the pharmaceutical
     2 22 collection and disposal pilot program established
     2 23 pursuant to 2009 Iowa Acts, chapter 175, section 9:
     2 24 .................................................. $    150,000
     2 25    2.  DEPARTMENT OF ADMINISTRATIVE SERVICES
     2 26    For costs associated with providing autism spectrum
     2 27 disorders coverage pursuant to section 514C.26, as
     2 28 enacted by this Act:
     2 29 .................................................. $    140,000
     2 30    3.  STATE BOARD OF REGENTS
     2 31    a.  For the state school for the deaf:
     2 32 .................................................. $    233,000
     2 33    b.  For Iowa braille and sight saving school:
     2 34 .................................................. $    137,000
     2 35    4.  DEPARTMENT OF EDUCATION == VOCATIONAL
     2 36 REHABILITATION SERVICES DIVISION
     2 37    For a program for farmers with disabilities:
     2 38 .................................................. $     97,000
     2 39    The funds appropriated in this subsection shall
     2 40 be used for the public purpose of providing a grant
     2 41 to a national nonprofit organization with over 80
     2 42 years of experience in assisting children and adults
     2 43 with disabilities and special needs.  The funds shall
     2 44 be used for a nationally recognized program that
     2 45 began in 1986 and has been replicated in at least 30
     2 46 other states, but which is not available through any
     2 47 other entity in this state, that provides assistance
     2 48 to farmers with disabilities in all 99 counties to
     2 49 allow the farmers to remain in their own homes and
     2 50 be gainfully engaged in farming through provision
     3  1 of agricultural worksite and home modification
     3  2 consultations, peer support services, services to
     3  3 families, information and referral, and equipment
     3  4 loan services. Notwithstanding section 8.33, moneys
     3  5 appropriated in this section that remain unencumbered
     3  6 or unobligated at the close of the fiscal year shall
     3  7 not revert but shall remain available for expenditure
     3  8 for the purposes designated until the close of the
     3  9 succeeding fiscal year.>
     3 10 #9.  Page 30, after line 8 by inserting:
     3 11    <Sec. ___.  FISCAL YEAR 2009=2010 ==
     3 12 APPROPRIATIONS.  There is appropriated from the
     3 13 general fund of the state to the following departments
     3 14 and agencies for the fiscal year beginning July 1,
     3 15 2009, and ending June 30, 2010, the following amounts,
     3 16 or so much thereof as is necessary, to be used for the
     3 17 purposes designated:
     3 18    1.  DEPARTMENT OF MANAGEMENT
     3 19    For salaries, support, maintenance, and
     3 20 miscellaneous purposes:
     3 21 .................................................. $    200,000
     3 22    2.  DEPARTMENT OF REVENUE
     3 23    For the duties of the office of the state debt
     3 24 coordinator established in 2010 Iowa Acts, Senate
     3 25 File 2383, if enacted, including salaries, support,
     3 26 maintenance, services, advertising, miscellaneous
     3 27 purposes, and for not more than the following full=time
     3 28 equivalent positions:
     3 29 .................................................. $    300,000   ...........................................
     3 30 3.00
     3 31    For the period beginning on the effective date of
     3 32 the section establishing the debt amnesty program in
     3 33 2010 Iowa Acts, Senate File 2383, through November 30,
     3 34 2010, or when the program is ended, whichever is later,
     3 35 an amount of the proceeds collected by the program
     3 36 equal to the administrative, advertising, and other
     3 37 costs of the program shall be considered repayment
     3 38 receipts, as defined in section 8.2, and shall be used
     3 39 by the office of the state debt coordinator for those
     3 40 costs.
     3 41    Notwithstanding section 8.33, moneys appropriated in
     3 42 this section that remain unencumbered or unobligated
     3 43 at the close of the fiscal year shall not revert but
     3 44 shall remain available for expenditure for the purposes
     3 45 designated until the close of the succeeding fiscal
     3 46 year.>
     3 47 #10.  Page 30, after line 21 by inserting:
     3 48    <Sec. ___.  INSURANCE DIVISION.  There is
     3 49 appropriated from the department of commerce revolving
     3 50 fund created in section 546.12 to the insurance
     4  1 division of the department of commerce for the fiscal
     4  2 year beginning July 1, 2010, and ending June 30,
     4  3 2011, the following amount, or so much thereof as is
     4  4 necessary, to be used for the purposes designated:
     4  5    For salaries, support, maintenance, miscellaneous
     4  6 purposes, and for not more than the following full=time
     4  7 equivalent positions:
     4  8 .................................................. $     55,000
     4  9 ............................................... FTEs       1.00>
     4 10 #11.  Page 30, after line 33 by inserting:
     4 11    <___.  DEPARTMENT OF EDUCATION
     4 12    a.  To provide funding in addition to the amount
     4 13 appropriated in 2010 Iowa Acts, Senate File 2376,
     4 14 section 6, subsection 14, for allocation to eligible
     4 15 school districts for the four=year=old preschool
     4 16 program under chapter 256C:
     4 17 .................................................. $  4,000,000
     4 18    b.  For school districts to provide direct
     4 19 services to the most at=risk senior high school
     4 20 students enrolled in school districts through direct
     4 21 intervention by a jobs for America's graduates
     4 22 specialist:
     4 23 .................................................. $    540,000
     4 24    ___.  DEPARTMENT OF NATURAL RESOURCES
     4 25    For operations, notwithstanding restrictions
     4 26 otherwise applicable under 2010 Iowa Acts, House File
     4 27 2525, relating to private buildings, if enacted:
     4 28 .................................................. $    300,000
     4 29    ___.  DEPARTMENT OF HUMAN SERVICES
     4 30    For funding of shelter care in addition to the
     4 31 amount allocated for this purpose in the appropriation
     4 32 for child and family services in 2010 Iowa Acts, House
     4 33 File 2526, if enacted:
     4 34 .................................................. $    500,000
     4 35    ___.  OFFICE OF ENERGY INDEPENDENCE
     4 36    For deposit in the Iowa power fund:
     4 37 .................................................. $  2,000,000>
     4 38 #12.  Page 31, line 18, after <agreement> by
     4 39 inserting <executed on or before December 31, 2011>
     4 40 #13.  Page 31, line 22, after <subsection 8,> by
     4 41 inserting <for its facilities described in section
     4 42 327F.2 governed by the written agreement>
     4 43 #14.  Page 32, after line 14 by inserting:
     4 44    <Sec. ___.  INSTRUCTIONAL SUPPORT INCOME
     4 45 SURTAX.  For the budget year beginning July 1, 2010,
     4 46 and ending June 30, 2011, the board of directors
     4 47 of a school district shall determine and notify the
     4 48 department of management by May 1, 2010, whether the
     4 49 district will use the instructional support income
     4 50 surtax to replace that portion of the instructional
     5  1 support state aid appropriation shortfall for the
     5  2 budget year beginning July 1, 2009. The amount of the
     5  3 instructional support income surtax imposed pursuant
     5  4 to this section shall not exceed the district's
     5  5 proportional share of $13,103,950 appropriation
     5  6 shortfall. The income surtax rate imposed under
     5  7 this section shall be expressed as a percentage and,
     5  8 notwithstanding section 257.19, may me rounded to
     5  9 the nearest thousandths. Notwithstanding the income
     5 10 surtax percentage rate limitation in section 257.19 and
     5 11 section 298.14, the income surtax rate imposed under
     5 12 this section my exceed twenty percent if necessary to
     5 13 raise the district's proportional share of $13,103,950.
     5 14 Revenue from the instructional support income surtax
     5 15 imposed pursuant to this section shall be in addition
     5 16 to any appropriation made in section 257.20.>
     5 17 #15.  Page 32, after line 14 by inserting:
     5 18    <Sec. ___.  PUBLIC LIBRARY SUPPORT LEVY == ELECTION
     5 19 DATE.
     5 20    1.  Notwithstanding the election date required under
     5 21 section 384.12, subsections 1 and 21, a city may submit
     5 22 a proposition relating to a public library property
     5 23 tax levy to the electorate on a date specified in
     5 24 section 39.2, subsection 4, paragraph "b", if all of
     5 25 the following conditions are met:
     5 26    a.  The city is located in whole or in part in an
     5 27 area that the governor proclaimed a disaster emergency
     5 28 or the president of the United States declared a major
     5 29 disaster, as the result of a natural disaster occurring
     5 30 during the period of time beginning May 1, 2008, and
     5 31 ending August 1, 2008.
     5 32    b.  The city contains a public library that was
     5 33 damaged by the natural disaster described in paragraph
     5 34 "a".
     5 35    2.  An election under subsection 1 shall be held not
     5 36 later than August 2, 2011.>
     5 37 #16.  Page 32, after line 27 by inserting:
     5 38    <Sec. ___.  LIMITED LIABILITY COMPANIES == BIENNIAL
     5 39 REPORTS.
     5 40    1.  The biennial report fee, as determined by
     5 41 the secretary of state in accordance with section
     5 42 490A.1320, subsection 1, received for reports filed
     5 43 on or after July 1, 2006, shall be credited to the
     5 44 general fund of the state.  The biennial report fee
     5 45 shall be due at the time the report is filed.  On or
     5 46 after July 1, 2006, such biennial reports shall be
     5 47 due in even=numbered calendar years during the period
     5 48 beginning January 1, and ending April 1, and shall
     5 49 contain information relating to the two=year period
     5 50 immediately preceding the calendar year in which the
     6  1 report is filed.
     6  2    2.  a.  This section, being deemed of immediate
     6  3 importance, takes effect upon enactment and applies
     6  4 retroactively to July 1, 2006.
     6  5    b.  A limited liability company that has not filed
     6  6 the biennial report for 2008 or 2010 shall file such
     6  7 report on or before June 30, 2010.>
     6  8 #17.  Page 38, after line 11 by inserting:
     6  9    <Sec. ___.  Section 123.30, subsection 3, paragraph
     6 10 e, subparagraph (1), Code Supplement 2009, is amended
     6 11 to read as follows:
     6 12    (1)  A class "E" liquor control license may be
     6 13 issued and shall authorize the holder to purchase
     6 14 alcoholic liquor from the division only and high
     6 15 alcoholic content beer from a class "AA" beer permittee
     6 16 only and to sell the alcoholic liquor and high
     6 17 alcoholic content beer to patrons for consumption
     6 18 off the licensed premises and to other liquor control
     6 19 licensees. A class "E" license shall not be issued
     6 20 to premises at which gasoline is sold. A holder of
     6 21 a class "E" liquor control license may hold other
     6 22 retail liquor control licenses or retail wine or beer
     6 23 permits, but the premises licensed under a class "E"
     6 24 liquor control license shall be separate from other
     6 25 licensed premises, though the separate premises may
     6 26 have a common entrance. However, the holder of a class
     6 27 "E" liquor control license may also hold a class "B"
     6 28 wine or class "C" beer permit or both for the premises
     6 29 licensed under a class "E" liquor control license.>
     6 30 #18.  By striking page 39, line 33, through page 40,
     6 31 line 29.
     6 32 #19.  Page 40, after line 29 by inserting:
     6 33    <Sec. ___.  NEW SECTION.  261D.4  Payment of dues.
     6 34    On an annual basis, the department of management
     6 35 shall apportion the dues assessed for membership in the
     6 36 midwestern higher education compact to various sectors
     6 37 of education including the department of education, the
     6 38 community college trustees, the Iowa association of
     6 39 independent colleges and universities, and the state
     6 40 board of regents.  The apportionment shall be based on
     6 41 actual savings achieved in the previous fiscal year
     6 42 by each sector of education in a manner determined
     6 43 by the department of management.  The department of
     6 44 management shall make payment on behalf of the state
     6 45 to the midwestern higher education compact commission
     6 46 and shall seek reimbursement from each sector of
     6 47 education based on the apportionment determined by the
     6 48 department.>
     6 49 #20.  Page 40, after line 29 by inserting:
     6 50    <Sec. ___.  Section 321.482A, unnumbered paragraph
     7  1 1, Code 2009, is amended to read as follows:
     7  2    Notwithstanding section 321.482, a person who is
     7  3 convicted of operating a motor vehicle in violation of
     7  4 section 321.256, 321.257, section 321.275, subsection
     7  5 4, section 321.297, 321.298, 321.299, 321.302, 321.303,
     7  6 321.304, 321.305, 321.306, 321.307, 321.308, section
     7  7 321.309, subsection 2, or section 321.311, 321.319,
     7  8 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324,
     7  9 321.324A, 321.327, 321.329, or 321.333 causing serious
     7 10 injury to or the death of another person may be subject
     7 11 to the following penalties in addition to the penalty
     7 12 provided for a scheduled violation in section 805.8A or
     7 13 any other penalty provided by law:>
     7 14 #21.  Page 40, after line 29 by inserting:
     7 15    <Sec. ___.  Section 421.27, subsection 6, Code 2009,
     7 16 is amended to read as follows:
     7 17    6.  Improper receipt of refund or credit.  A person
     7 18 who makes an erroneous application for refund or
     7 19 credit shall be liable for any overpayment received
     7 20 or tax liability reduced plus interest at the rate
     7 21 in effect under section 421.7.  In addition, a
     7 22 person who willfully makes a false or frivolous
     7 23 application for refund or credit with intent to evade
     7 24 tax or with intent to receive a refund or credit
     7 25 to which the person is not entitled is guilty of
     7 26 a fraudulent practice and is liable for a penalty
     7 27 equal to seventy=five percent of the refund or credit
     7 28 being claimed.  Repayments Payments, penalties, and
     7 29 interest due under this subsection may be collected and
     7 30 enforced in the same manner as the tax imposed.>
     7 31 #22.  Page 40, after line 29 by inserting:
     7 32    <Sec. ___.  Section 421C.3, subsection 15, if
     7 33 enacted by 2010 Iowa Acts, Senate File 2383, is amended
     7 34 to read as follows:
     7 35    15.  a.  The director of revenue shall establish an
     7 36 account and shall deposit in the account all receipts
     7 37 received under the program established by the state
     7 38 debt coordinator.  Not later than the fifteenth day of
     7 39 each month, the director shall deposit amounts received
     7 40 with the treasurer of state for deposit in the general
     7 41 fund of the state.
     7 42    b.  Of the amount of  debt actually collected
     7 43 pursuant to the program, the department of revenue
     7 44 shall retain an amount, not to exceed the amount
     7 45 collected, that is sufficient to pay for salaries,
     7 46 support, maintenance, services, advertising, and other
     7 47 costs incurred by the coordinator relating to the
     7 48 program. Revenues retained by the office pursuant to
     7 49 this lettered paragraph shall be considered repayment
     7 50 receipts as defined in section 8.2.>
     8  1 #23.  Page 42, after line 5 by inserting:
     8  2    <Sec. ___.  NEW SECTION.  514C.26  Autism spectrum
     8  3 disorders coverage.
     8  4    1.  Notwithstanding the uniformity of treatment
     8  5 requirements of section 514C.6, a group plan
     8  6 established pursuant to chapter 509A for employees
     8  7 of the state providing for third=party payment or
     8  8 prepayment of health, medical, and surgical coverage
     8  9 benefits shall provide coverage benefits to covered
     8 10 individuals under twenty=one years of age for the
     8 11 diagnostic assessment of autism spectrum disorders and
     8 12 for the treatment of autism spectrum disorders.
     8 13    2.  As used in this section, unless the context
     8 14 otherwise requires:
     8 15    a.  "Applied behavioral analysis" means the design,
     8 16 implementation, and evaluation of environmental
     8 17 modifications, using behavioral stimuli and
     8 18 consequences, to produce socially significant
     8 19 improvement in human behavior or to prevent loss of
     8 20 attained skill or function, including the use of direct
     8 21 observation, measurement, and functional analysis of
     8 22 the relations between environment and behavior.
     8 23    b.  "Autism service provider" means a person,
     8 24 entity, or group providing treatment of autism spectrum
     8 25 disorders, pursuant to a treatment plan.
     8 26    c.  "Autism spectrum disorders" means any of
     8 27 the pervasive developmental disorders including
     8 28 autistic disorder, Asperger's disorder, and pervasive
     8 29 developmental disorders not otherwise specified.  The
     8 30 commissioner, by rule, shall define "autism spectrum
     8 31 disorders" consistent with definitions provided in
     8 32 the most recent edition of the American psychiatric
     8 33 association's diagnostic and statistical manual of
     8 34 mental disorders, as such definitions may be amended
     8 35 from time to time.  The commissioner may adopt the
     8 36 definitions provided in such manual by reference.
     8 37    d.  "Behavior specialist" means an individual,
     8 38 certified by the board of medicine, who designs,
     8 39 implements, or evaluates a behavior modification
     8 40 intervention component of a treatment plan, including
     8 41 those based on applied behavioral analysis, to produce
     8 42 socially significant improvements in human behavior or
     8 43 to prevent loss of attained skill or function, through
     8 44 skill acquisition and the reduction of problematic
     8 45 behavior.
     8 46    e.  "Diagnostic assessment of autism spectrum
     8 47 disorders" means medically necessary assessment,
     8 48 evaluations, or tests performed by a licensed
     8 49 physician, licensed physician assistant, licensed
     8 50 psychologist, or licensed registered nurse practitioner
     9  1 to diagnose whether an individual has an autism
     9  2 spectrum disorder.
     9  3    f.  "Pharmacy care" means medications prescribed by
     9  4 a licensed physician, licensed physician assistant,
     9  5 or licensed registered nurse practitioner and any
     9  6 assessment, evaluation, or test prescribed or ordered
     9  7 by a licensed physician, licensed physician assistant,
     9  8 or licensed registered nurse practitioner to determine
     9  9 the need for or effectiveness of such medications.
     9 10    g.  "Psychiatric care" means direct or consultative
     9 11 services provided by a licensed physician who
     9 12 specializes in psychiatry.
     9 13    h.  "Psychological care" means direct or consultative
     9 14 services provided by a licensed psychologist.
     9 15    i.  "Rehabilitative care" means professional services
     9 16 and treatment programs, including applied behavioral
     9 17 analysis, provided by an autism service provider to
     9 18 produce socially significant improvement in human
     9 19 behavior or to prevent loss of attained skill or
     9 20 function.
     9 21    j.  "Therapeutic care" means services provided by
     9 22 a licensed speech pathologist, licensed occupational
     9 23 therapist, or licensed physical therapist.
     9 24    k.  "Treatment of autism spectrum disorders" means
     9 25 treatment that is identified in a treatment plan and
     9 26 includes medically necessary pharmacy care, psychiatric
     9 27 care, psychological care, rehabilitative care, and
     9 28 therapeutic care that is one of the following:
     9 29    (1)  Prescribed, ordered, or provided by a licensed
     9 30 physician, licensed physician assistant, licensed
     9 31 psychologist, licensed social worker, or licensed
     9 32 registered nurse practitioner.
     9 33    (2)  Provided by an autism service provider.
     9 34    (3)  Provided by a person, entity, or group that
     9 35 works under the direction of an autism service
     9 36 provider.
     9 37    l.  "Treatment plan" means a plan for the treatment
     9 38 of autism spectrum disorders developed by a licensed
     9 39 physician or licensed psychologist pursuant to a
     9 40 comprehensive evaluation or reevaluation performed
     9 41 in a manner consistent with the most recent clinical
     9 42 report or recommendations of the American academy of
     9 43 pediatrics, as determined by the commissioner by rule.
     9 44    3.  Coverage is required pursuant to this section in
     9 45 a maximum benefit amount of not more than thirty=six
     9 46 thousand dollars per year but shall not be subject
     9 47 to any limits on the number of visits to an autism
     9 48 service provider for treatment of autism spectrum
     9 49 disorders.  Beginning in 2014, the commissioner
     9 50 shall, on or before April 1 of each calendar year,
    10  1 publish an adjustment to the maximum benefit required
    10  2 equal to the percentage change in the United States
    10  3 department of labor consumer price index for all urban
    10  4 consumers in the preceding year, and the published
    10  5 adjusted maximum benefit shall be applicable to group
    10  6 policies, contracts, or plans subject to this section
    10  7 that are issued or renewed on or after January 1 of
    10  8 the following calendar year.  Payments made under a
    10  9 group plan subject to this section on behalf of a
    10 10 covered individual for treatment of a health condition
    10 11 unrelated to or distinguishable from the individual's
    10 12 autism spectrum disorder shall not be applied toward
    10 13 any maximum benefit established under this subsection.
    10 14    4.  Coverage required pursuant to this section shall
    10 15 be subject to copayment, deductible, and coinsurance
    10 16 provisions, and any other general exclusions or
    10 17 limitations of a group plan to the same extent as other
    10 18 medical or surgical services covered by the group plan.
    10 19    5.  Coverage required by this section shall be
    10 20 provided in coordination with coverage required for the
    10 21 treatment of autistic disorders pursuant to section
    10 22 514C.22.
    10 23    6.  This section shall not be construed to limit
    10 24 benefits which are otherwise available to an individual
    10 25 under a group plan.
    10 26    7.  This section shall not be construed to require
    10 27 coverage by a group plan of any service solely based on
    10 28 inclusion of the service in an individualized education
    10 29 program.  Consistent with federal or state law and
    10 30 upon consent of the parent or guardian of a covered
    10 31 individual, the treatment of autism spectrum disorders
    10 32 may be coordinated with any services included in an
    10 33 individualized education program.  However, coverage
    10 34 for the treatment of autism spectrum disorders shall
    10 35 not be contingent upon coordination of services with an
    10 36 individualized education program.
    10 37    8.  This section shall not apply to accident=only,
    10 38 specified disease, short=term hospital or medical,
    10 39 hospital confinement indemnity, credit, dental, vision,
    10 40 Medicare supplement, long=term care, basic hospital
    10 41 and medical=surgical expense coverage as defined
    10 42 by the commissioner, disability income insurance
    10 43 coverage, coverage issued as a supplement to liability
    10 44 insurance, workers' compensation or similar insurance,
    10 45 or automobile medical payment insurance, or individual
    10 46 accident and sickness policies issued to individuals or
    10 47 to individual members of a member association.
    10 48    9.  A plan established pursuant to chapter 509A for
    10 49 employees of the state may manage the benefits provided
    10 50 through common methods including but not limited to
    11  1 providing payment of benefits or providing care and
    11  2 treatment under a capitated payment system, prospective
    11  3 reimbursement rate system, utilization control system,
    11  4 incentive system for the use of least restrictive and
    11  5 costly levels of care, a preferred provider contract
    11  6 limiting choice of specific providers, or any other
    11  7 system, method, or organization designed to assure
    11  8 services are medically necessary and clinically
    11  9 appropriate.
    11 10    10.  An insurer may review a treatment plan for
    11 11 treatment of autism spectrum disorders once every six
    11 12 months, subject to its utilization review requirements,
    11 13 including case management, concurrent review, and
    11 14 other managed care provisions.  A more or less frequent
    11 15 review may be agreed upon by the insured and the
    11 16 licensed physician or licensed psychologist developing
    11 17 the treatment plan.
    11 18    11.  For the purposes of this section, the results
    11 19 of a diagnostic assessment of autism spectrum disorder
    11 20 shall be valid for a period of not less than twelve
    11 21 months, unless a licensed physician or licensed
    11 22 psychologist determines that a more frequent assessment
    11 23 is necessary.
    11 24    12.  The board of medicine shall adopt rules
    11 25 providing for the certification of behavior
    11 26 specialists.
    11 27    a.  An applicant for a certificate as a behavior
    11 28 specialist shall submit a written application on
    11 29 forms provided by the board of medicine evidencing and
    11 30 insuring that the applicant meets all of the following
    11 31 requirements:
    11 32    (1)  Is of good moral character.
    11 33    (2)  Has received a master's or higher degree from
    11 34 a board=approved, accredited college or university,
    11 35 including a major course of study in school, clinical,
    11 36 or counseling psychology, special education, social
    11 37 work, speech therapy, occupational therapy, or another
    11 38 related field.
    11 39    (3)  Has at least one year of experience involving
    11 40 functional behavior assessments, including the
    11 41 development and implementation of behavioral supports
    11 42 or treatment plans.
    11 43    (4)  Has completed at least one thousand hours
    11 44 in direct clinical experience with individuals with
    11 45 behavioral challenges or at least one thousand hours
    11 46 experience in a related field with individuals with
    11 47 autism spectrum disorders.
    11 48    (5)  Has completed relevant training programs,
    11 49 including professional ethics, autism=specific
    11 50 training, assessments training, instructional
    12  1 strategies and best practices, crisis intervention,
    12  2 comorbidity and medications, family collaboration, and
    12  3 addressing specific skill deficits training.
    12  4    b.  The board of medicine shall not issue a
    12  5 certificate to an applicant who has been convicted of a
    12  6 felony, of a controlled substance=related offense under
    12  7 chapter 124 or of the laws of another jurisdiction
    12  8 unless all of the following requirements have been met:
    12  9    (1)  At least ten years have elapsed from the date
    12 10 of conviction of such an offense.
    12 11    (2)  The applicant satisfactorily demonstrates to
    12 12 the board of medicine that the applicant has made
    12 13 significant progress in personal rehabilitation since
    12 14 the conviction such that certification of the applicant
    12 15 would not be expected to create a substantial risk
    12 16 of harm to the health and safety of patients or the
    12 17 public, or a substantial risk of further criminal
    12 18 violations.
    12 19    (3)  The applicant otherwise satisfies the
    12 20 requirements of this subsection.
    12 21    13.  The commissioner shall adopt rules pursuant to
    12 22 chapter 17A to implement and administer this section.
    12 23    14.  This section applies to plans established
    12 24 pursuant to chapter 509A for employees of the state
    12 25 that are delivered, issued for delivery, continued, or
    12 26 renewed in this state on or after January 1, 2011.>
    12 27 #24.  Page 42, after line 20 by inserting:
    12 28    <Sec. ___.  2010 Iowa Acts, Senate File 2378,
    12 29 section 15, if enacted, is amended to read as follows:
    12 30    SEC. 15.  GAMING ENFORCEMENT.  There is appropriated
    12 31 from the gaming enforcement revolving fund created in
    12 32 section 80.43 to the department of public safety for
    12 33 the fiscal year beginning July 1, 2010, and ending June
    12 34 30, 2011, the following amount, or so much thereof as
    12 35 is necessary, to be used for the purposes designated:
    12 36    For any direct and indirect support costs for
    12 37 agents and officers of the division of criminal
    12 38 investigation's excursion gambling boat, gambling
    12 39 structure, and racetrack enclosure enforcement
    12 40 activities, including salaries, support, maintenance,
    12 41 miscellaneous purposes, and for not more than the
    12 42 following full=time equivalent positions:
    12 43 .................................................. $  8,851,775
    12 44 9,315,306
    12 45 ............................................... FTEs     115.00
    12 46    However, for each additional license to conduct
    12 47 gambling games on an excursion gambling boat, gambling
    12 48 structure, or racetrack enclosure issued during the
    12 49 period beginning July 1, 2009, through June 30, 2011,
    12 50 there is appropriated from the gaming enforcement fund
    13  1 to the department of public safety for the fiscal year
    13  2 beginning July 1, 2010, and ending June 30, 2011, an
    13  3 additional amount of not more than $521,000 to be used
    13  4 for not more than 6.00 additional full=time equivalent
    13  5 positions.>
    13  6 #25.  Page 42, after line 20 by inserting:
    13  7    <Sec. ___.  REPEAL.  2010 Iowa Acts, House File
    13  8 2525, section 6, is repealed.>
    13  9 #26.  Page 42, after line 25 by inserting:
    13 10    <Sec. ___.  EFFECTIVE UPON ENACTMENT.  The provision
    13 11 of this division of this Act appropriating moneys from
    13 12 the general fund of the state to the department of
    13 13 management and to the department of revenue for fiscal
    13 14 year 2009=2010, being deemed of immediate importance,
    13 15 takes effect upon enactment.>
    13 16 #27.  Page 42, after line 25 by inserting:
    13 17    <Sec. ___.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE
    13 18 APPLICABILITY.  The provision of this division of this
    13 19 Act amending section 123.30, subsection 3, paragraph
    13 20 "e", subparagraph (1), being deemed of immediate
    13 21 importance, takes effect upon enactment, and is
    13 22 retroactively applicable to March 10, 2010.>
    13 23 #28.  Page 42, after line 25 by inserting:
    13 24    <Sec. ___.  EFFECTIVE DATE.  The provision of this
    13 25 division of this Act amending section 421.3, if enacted
    13 26 by 2010 Iowa Acts, Senate File 2383, takes effect on
    13 27 the effective date of section 421C.3.>
    13 28 #29.  Page 42, after line 25 by inserting:
    13 29    <Sec. ___.  EFFECTIVE UPON ENACTMENT.  The
    13 30 provision of this division of this Act relating to the
    13 31 instructional support income surtax, being deemed of
    13 32 immediate importance, takes effect upon enactment.>
    13 33 #30.  By striking page 43, line 8, through page 44,
    13 34 line 28.
    13 35 #31.  Page 46, after line 5 by inserting:
    13 36                          <DIVISION ___
    13 37                              WINE
    13 38    Section 1.  Section 123.183, Code 2009, is amended
    13 39 to read as follows:
    13 40    123.183  Wine gallonage tax and related funds.
    13 41    1.  In addition to the annual permit fee to be paid
    13 42 by each class "A" wine permittee, a wine gallonage tax
    13 43 shall be levied and collected from each class "A" wine
    13 44 permittee on all wine manufactured for sale and sold
    13 45 in this state at wholesale and on all wine imported
    13 46 into this state for sale at wholesale and sold in this
    13 47 state at wholesale.  A wine gallonage tax shall also
    13 48 be levied and collected on the direct shipment of wine
    13 49 pursuant to section 123.187. The rate of the wine
    13 50 gallonage tax is one dollar and seventy=five cents for
    14  1 each wine gallon. The same rate shall apply for the
    14  2 fractional parts of a wine gallon. The wine gallonage
    14  3 tax shall not be levied or collected on wine sold by
    14  4 one class "A" wine permittee to another class "A" wine
    14  5 permittee.
    14  6    2.  a.  Revenue collected from the wine gallonage
    14  7 tax on wine manufactured for sale and sold in this
    14  8 state, and on wine subject to direct shipment as
    14  9 provided in section 123.187 by a wine manufacturer
    14 10 licensed or permitted pursuant to laws regulating
    14 11 alcoholic beverages in this state, shall be deposited
    14 12 in the wine gallonage tax fund as created in this
    14 13 section.
    14 14    b.  A wine gallonage tax fund is created in the
    14 15 office of the treasurer of state. Moneys deposited in
    14 16 the fund are appropriated to the department of economic
    14 17 development as provided in section 15E.117. Moneys in
    14 18 the fund are not subject to section 8.33.
    14 19    3.  The revenue collected from the wine gallonage
    14 20 tax on wine imported into this state for sale at
    14 21 wholesale and sold in this state at wholesale, and on
    14 22 wine subject to direct shipment as provided in section
    14 23 123.187 by a wine manufacturer licensed or permitted
    14 24 pursuant to laws regulating alcoholic beverages in
    14 25 another state, shall be deposited in the beer and
    14 26 liquor control fund created in section 123.53.
    14 27    Sec. ___.  Section 123.187, subsection 4, as enacted
    14 28 by 2010 Iowa Acts, Senate File 2088, section 100, is
    14 29 amended to read as follows:
    14 30    4.a.  In addition to the annual license fee,
    14 31 a wine direct shipper licensee shall remit to the
    14 32 division an amount equivalent to the wine gallonage
    14 33 tax on wine subject to direct shipment at the rate
    14 34 specified in section 123.183 for deposit as provided in
    14 35 section 123.183, subsections 2 and 3.  The amount shall
    14 36 be remitted at the same time and in the same manner
    14 37 as provided in section 123.184, and the ten percent
    14 38 penalty specified therein shall be applicable.
    14 39    b.  Shipment of wine pursuant to this subsection
    14 40 does not require a refund value for beverage container
    14 41 control purposes under chapter 455C.>
    14 42 #32.  Page 46, after line 5 by inserting:
    14 43                          <DIVISION ___
    14 44                  MEDICATION THERAPY MANAGEMENT
    14 45    Sec. ___.  MEDICATION THERAPY MANAGEMENT == PILOT ==
    14 46   REPEAL.
    14 47    1.  As used in this section unless the context
    14 48 otherwise requires:
    14 49    a.  "Eligible employee" means an employee of the
    14 50 state, with the exception of an employee of the state
    15  1 board of regents or institutions under the state board
    15  2 of regents, for whom group health plans are established
    15  3 pursuant to chapter 509A providing for third=party
    15  4 payment or prepayment for health or medical expenses.
    15  5    b.  "Medication therapy management" means a
    15  6 systematic process performed by a licensed pharmacist,
    15  7 designed to optimize therapeutic outcomes through
    15  8 improved medication use and reduced risk of adverse
    15  9 drug events, including all of the following services:
    15 10    (1)  A medication therapy review and in=person
    15 11 consultation relating to all medications, vitamins, and
    15 12 herbal supplements currently being taken by an eligible
    15 13 individual.
    15 14    (2)  A medication action plan, subject to the
    15 15 limitations specified in this section, communicated
    15 16 to the individual and the individual's primary care
    15 17 physician or other appropriate prescriber to address
    15 18 safety issues, inconsistencies, duplicative therapy,
    15 19 omissions, and medication costs.  The medication action
    15 20 plan may include recommendations to the prescriber for
    15 21 changes in drug therapy.
    15 22    (3)  Documentation and follow=up to ensure
    15 23 consistent levels of pharmacy services and positive
    15 24 outcomes.
    15 25    2.  a.  Prior to July 1, 2010, the department of
    15 26 administrative services shall utilize a request for
    15 27 proposals process to contract for the provision of
    15 28 medication therapy management services beginning July
    15 29 1, 2010, for eligible employees who meet any of the
    15 30 following criteria:
    15 31    (1)  An individual who takes four or more
    15 32 prescription drugs to treat or prevent two or more
    15 33 chronic medical conditions.
    15 34    (2)  An individual with a prescription drug therapy
    15 35 problem who is identified by the prescribing physician
    15 36 or other appropriate prescriber, and referred to a
    15 37 pharmacist for medication therapy management services.
    15 38    (3)  An individual who meets other criteria
    15 39 established by the third=party payment provider
    15 40 contract, policy, or plan.
    15 41    b.  The department of administrative services shall
    15 42 utilize an advisory committee comprised of an equal
    15 43 number of physicians and pharmacists to provide advice
    15 44 and oversight regarding the request for proposals and
    15 45 evaluation processes.  The department shall appoint the
    15 46 members of the advisory council based upon designees
    15 47 of the Iowa pharmacy association, the Iowa medical
    15 48 society, and the Iowa osteopathic medical association.
    15 49    c.  The contract shall require the company to
    15 50 provide annual reports to the general assembly
    16  1 detailing the costs, savings, estimated cost avoidance
    16  2 and return on investment, and patient outcomes
    16  3 related to the medication therapy management services
    16  4 provided. The company shall guarantee demonstrated
    16  5 annual savings, including any savings associated with
    16  6 cost avoidance at least equal to the program's costs
    16  7 with any shortfall amount refunded to the state. As
    16  8 a proof of concept in the program for the period
    16  9 beginning July 1, 2010, and ending June 30, 2011, the
    16 10 company shall offer a dollar=for=dollar guarantee for
    16 11 drug product costs savings alone. Prior to entering
    16 12 into a contract with a company, the department and
    16 13 the company shall agree on the terms, conditions,
    16 14 and applicable measurement standards associated
    16 15 with the demonstration of savings.  The department
    16 16 shall verify the demonstrated savings reported by
    16 17 the company was performed in accordance with the
    16 18 agreed upon measurement standards.  The company shall
    16 19 be prohibited from using the company's employees to
    16 20 provide the medication therapy management services and
    16 21 shall instead be required to contract with licensed
    16 22 pharmacies, pharmacists, or physicians.
    16 23    d.  The fees for pharmacist=delivered medication
    16 24 therapy management services shall be separate from
    16 25 the reimbursement for prescription drug product or
    16 26 dispensing services; shall be determined by each
    16 27 third=party payment provider contract, policy, or plan;
    16 28 and must be reasonable based on the resources and time
    16 29 required to provide the service.
    16 30    e.  A fee shall be established for physician
    16 31 reimbursement for services delivered for medication
    16 32 therapy management as determined by each third=party
    16 33 payment provider contract, policy, or plan, and must be
    16 34 reasonable based on the resources and time required to
    16 35 provide the service.
    16 36    f.  If any part of the medication therapy management
    16 37 plan developed by a pharmacist incorporates services
    16 38 which are outside the pharmacist's independent scope
    16 39 of practice including the initiation of therapy,
    16 40 modification of dosages, therapeutic interchange, or
    16 41 changes in drug therapy, the express authorization
    16 42 of the individual's physician or other appropriate
    16 43 prescriber is required.
    16 44    3.  This section is repealed December 31, 2011.
    16 45    Sec. ___.  DEPARTMENT OF ADMINISTRATIVE SERVICES  ==
    16 46  IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE
    16 47 TANK FUND.  There is appropriated from the Iowa
    16 48 comprehensive petroleum underground storage tank
    16 49 fund created in section 455G.3 to the department of
    16 50 administrative services for the fiscal year beginning
    17  1 July 1, 2010, and ending June 30, 2011, the following
    17  2 amount, or so much thereof as is necessary, to be used
    17  3 for the purposes of this division, notwithstanding
    17  4 section 455G.3, subsection 1:
    17  5 .................................................. $    543,000
    17  6    Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division
    17  7 of this Act, being deemed of immediate importance,
    17  8 takes effect upon enactment.>
    17  9 #33.  Page 46, after line 5 by inserting:
    17 10                          <DIVISION ___
    17 11                  IOWA COMPREHENSIVE PETROLEUM
    17 12                  UNDERGROUND STORAGE TANK FUND
    17 13    Sec. ___.  Section 455B.474, subsection 1, paragraph
    17 14 d, subparagraph (2), unnumbered paragraph 1, Code
    17 15 Supplement 2009, is amended to read as follows:
    17 16    A site shall be classified as either high risk,
    17 17 low risk, or no action required, as determined by a
    17 18 certified groundwater professional.
    17 19    Sec. ___.  Section 455B.474, subsection 1, paragraph
    17 20 d, subparagraph (2), subparagraph division (a),
    17 21 unnumbered paragraph 1, Code Supplement 2009, is
    17 22 amended to read as follows:
    17 23    A site shall be considered high risk when it is
    17 24 determined a certified groundwater professional
    17 25 determines that contamination from the site presents an
    17 26 unreasonable risk to public health and safety or the
    17 27 environment under any of the following conditions:
    17 28    Sec. ___.  Section 455B.474, subsection 1, paragraph
    17 29 d, subparagraph (2), subparagraph division (b),
    17 30 unnumbered paragraph 1, Code Supplement 2009, is
    17 31 amended to read as follows:
    17 32    A site shall be considered low risk under any of
    17 33 the following conditions when a certified groundwater
    17 34 professional determines that low risk conditions exist
    17 35 as follows:
    17 36    Sec. ___.  Section 455B.474, subsection 1, paragraph
    17 37 d, subparagraph (2), subparagraph divisions (c) and
    17 38 (e), Code Supplement 2009, are amended to read as
    17 39 follows:
    17 40    (c)  A site shall be considered no action required
    17 41 if and a no further action certificate shall be
    17 42 issued by the department when a certified groundwater
    17 43 professional determines that contamination is below
    17 44 action level standards and high or low risk conditions
    17 45 do not exist and are not likely to occur.
    17 46    (e)  A site cleanup report which classifies a
    17 47 site as either high risk, low risk, or no action
    17 48 required shall be submitted by a groundwater
    17 49 professional to the department with a certification
    17 50 that the report complies with the provisions of this
    18  1 chapter and rules adopted by the department. The
    18  2 report shall be determinative of the appropriate
    18  3 classification of the site. However, if the report
    18  4 is found to be and the site shall be classified as
    18  5 indicated by the groundwater professional unless,
    18  6 within ninety days of receipt by the department,
    18  7 the department identifies material information in
    18  8 the report that is inaccurate or incomplete, and
    18  9 if based upon inaccurate or incomplete information
    18 10 in the report the risk classification of the site
    18 11 cannot be reasonably determined by the department
    18 12 based upon industry standards, the department shall.
    18 13 If the department determines that the site cleanup
    18 14 report is inaccurate or incomplete, the department
    18 15 shall notify the groundwater professional of the
    18 16 inaccurate or incomplete information within ninety
    18 17 days of receipt of the report and shall work with
    18 18 the groundwater professional to obtain the correct
    18 19 information or additional information necessary
    18 20 to appropriately classify the site.  However, from
    18 21 July 1, 2010, through June 30, 2011, the department
    18 22 shall have one hundred twenty days to notify the
    18 23 certified groundwater professional when a report is
    18 24 not accepted based on material information that is
    18 25 found to be inaccurate or incomplete. A groundwater
    18 26 professional who knowingly or intentionally makes a
    18 27 false statement or misrepresentation which results in
    18 28 a mistaken classification of a site shall be guilty of
    18 29 a serious misdemeanor and shall have the groundwater
    18 30 professional's certification revoked under this
    18 31 section.
    18 32    Sec. ___.  Section 455B.474, subsection 1, paragraph
    18 33 f, subparagraphs (5), (6), and (7), Code Supplement
    18 34 2009, are amended to read as follows:
    18 35    (5)  A corrective action design report submitted by
    18 36 a groundwater professional shall be accepted by the
    18 37 department and shall be primarily relied upon by the
    18 38 department to determine the corrective action response
    18 39 requirements of the site. However, if the corrective
    18 40 action design report is found to be within ninety days
    18 41 of receipt of a corrective action design report, the
    18 42 department identifies material information in the
    18 43 corrective action design report that is inaccurate or
    18 44 incomplete, and if based upon information in the report
    18 45 the appropriate corrective action response cannot be
    18 46 reasonably determined by the department based upon
    18 47 industry standards, the department shall notify the
    18 48 groundwater professional that the corrective action
    18 49 design report is not accepted, and the department
    18 50 shall work with the groundwater professional to correct
    19  1 the material information or to obtain the additional
    19  2 information necessary to appropriately determine the
    19  3 corrective action response requirements as soon as
    19  4 practicable.  However, from July 1, 2010, through June
    19  5 30, 2011, the department shall have one hundred twenty
    19  6 days to notify the certified groundwater professional
    19  7 when a corrective action design report is not accepted
    19  8 based on material information that is found to be
    19  9 inaccurate or incomplete. A groundwater professional
    19 10 who knowingly or intentionally makes a false statement
    19 11 or misrepresentation which results in an improper or
    19 12 incorrect corrective action response shall be guilty of
    19 13 a serious misdemeanor and shall have the groundwater
    19 14 professional's certification revoked under this
    19 15 section.
    19 16    (6)  Low risk sites shall be monitored as deemed
    19 17 necessary by the department consistent with industry
    19 18 standards. Monitoring shall not be required on a site
    19 19 which has received a no further action certificate.
    19 20 A site that has maintained less than the applicable
    19 21 target level for four consecutive sampling events shall
    19 22 be reclassified as a no action required site regardless
    19 23 of exit monitoring criteria and guidance.
    19 24    (7)  An owner or operator may elect to proceed with
    19 25 additional corrective action on the site. However,
    19 26 any action taken in addition to that required pursuant
    19 27 to this paragraph "f" shall be solely at the expense
    19 28 of the owner or operator and shall not be considered
    19 29 corrective action for purposes of section 455G.9,
    19 30 unless otherwise previously agreed to by the board
    19 31 and the owner or operator pursuant to section 455G.9,
    19 32 subsection 7.  Corrective action taken by an owner or
    19 33 operator due to the department's failure to meet the
    19 34 time requirements provided in subparagraph (5), shall
    19 35 be considered corrective action for purposes of section
    19 36 455G.9.
    19 37    Sec. ___.  Section 455B.474, subsection 1, paragraph
    19 38 h, subparagraphs (1) and (3), Code Supplement 2009, are
    19 39 amended to read as follows:
    19 40    (1)  A no further action certificate shall be
    19 41 issued by the department for a site which has been
    19 42 classified as a no further action site or which
    19 43 has been reclassified pursuant to completion of a
    19 44 corrective action plan or monitoring plan to be a no
    19 45 further action site by a groundwater professional,
    19 46 unless within ninety days of receipt of the report
    19 47 submitted by the groundwater professional classifying
    19 48 the site, the department notifies the groundwater
    19 49 professional that the report and site classification
    19 50 are not accepted and the department identifies
    20  1 material information in the report that is inaccurate
    20  2 or incomplete which causes the department to be
    20  3 unable to accept the classification of the site.
    20  4 An owner or operator shall not be responsible for
    20  5 additional assessment, monitoring, or corrective
    20  6 action activities at a site that is issued a no further
    20  7 action certificate unless it is determined that the
    20  8 certificate was issued based upon false material
    20  9 statements that were knowingly or intentionally made
    20 10 by a groundwater professional and the false material
    20 11 statements resulted in the incorrect classification of
    20 12 the site.
    20 13    (3)  A certificate shall be recorded with the county
    20 14 recorder. The owner or operator of a site who has been
    20 15 issued a certificate under this paragraph "h" or a
    20 16 subsequent purchaser of the site shall not be required
    20 17 to perform further corrective action solely because
    20 18 action standards are changed at a later date. A
    20 19 certificate shall not prevent the department from
    20 20 ordering corrective action of a new release.
    20 21    Sec. ___.  Section 455B.479, Code 2009, is amended
    20 22 to read as follows:
    20 23    455B.479  Storage tank management fee.
    20 24    An owner or operator of an underground storage
    20 25 tank shall pay an annual storage tank management fee
    20 26 of sixty=five dollars per tank of over one thousand
    20 27 one hundred gallons capacity. Twenty=three percent
    20 28 of the The fees collected shall be deposited in the
    20 29 storage tank management account of the groundwater
    20 30 protection fund. Seventy=seven percent of the fees
    20 31 collected shall be deposited in the Iowa comprehensive
    20 32 petroleum underground storage tank fund created in
    20 33 chapter 455G.
    20 34    Sec. ___.  Section 455E.11, subsection 2, paragraph
    20 35 d, Code Supplement 2009, is amended to read as follows:
    20 36    d.  A storage tank management account.  All fees
    20 37 collected pursuant to section 455B.473, subsection 5,
    20 38 and section 455B.479, shall be deposited in the storage
    20 39 tank management account, except those moneys deposited
    20 40 into the Iowa comprehensive petroleum underground
    20 41 storage tank fund pursuant to section 455B.479. Funds.
    20 42 Moneys deposited in the account shall be expended for
    20 43 the following purposes:
    20 44    (1)  One thousand dollars is appropriated annually
    20 45 to the Iowa department of public health to carry out
    20 46 departmental duties under section 135.11, subsections
    20 47 19 and 20, and section 139A.21.
    20 48    (2)  Twenty=three percent of the proceeds of the
    20 49 fees imposed pursuant to section 455B.473, subsection
    20 50 5, and section 455B.479 shall be deposited in the
    21  1 account annually, up to a maximum of three hundred
    21  2 fifty thousand dollars. If twenty=three percent of the
    21  3 proceeds exceeds three hundred fifty thousand dollars,
    21  4 the excess shall be deposited into the fund created in
    21  5 section 455G.3. Three hundred fifty thousand dollars
    21  6 is The moneys remaining in the account after the
    21  7 appropriation in subparagraph (1) are appropriated from
    21  8 the storage tank management account to the department
    21  9 of natural resources for the administration of a state
    21 10 storage tank program pursuant to chapter 455B, division
    21 11 IV, part 8, and for programs which reduce the potential
    21 12 for harm to the environment and the public health from
    21 13 storage tanks.
    21 14    (3)  The remaining funds in the account are
    21 15 appropriated annually to the Iowa comprehensive
    21 16 petroleum underground storage tank fund.  Each fiscal
    21 17 year, the department of natural resources shall enter
    21 18 into an agreement with the Iowa comprehensive petroleum
    21 19 underground storage tank fund for the completion
    21 20 of administrative tasks during the fiscal year
    21 21 directly related to the evaluation and modification
    21 22 of risk based corrective action rules as necessary
    21 23 and processes that affect the administration in
    21 24 subparagraph (2).
    21 25    Sec. ___.  Section 455G.3, Code 2009, is amended by
    21 26 adding the following new subsections:
    21 27    NEW SUBSECTION.  6.  For the fiscal year beginning
    21 28 July 1, 2010, and each fiscal year thereafter, there
    21 29 is appropriated from the Iowa comprehensive petroleum
    21 30 underground storage tank fund to the department of
    21 31 natural resources two hundred thousand dollars for
    21 32 purposes of technical review support to be conducted
    21 33 by nongovernmental entities for leaking underground
    21 34 storage tank assessments.
    21 35    NEW SUBSECTION.  7.  For the fiscal year beginning
    21 36 July 1, 2010, there is appropriated from the Iowa
    21 37 comprehensive petroleum underground storage tank fund
    21 38 to the department of natural resources one hundred
    21 39 thousand dollars for purposes of database modifications
    21 40 necessary to accept batched external data regarding
    21 41 underground storage tank inspections conducted by
    21 42 nongovernmental entities.
    21 43    NEW SUBSECTION.  8.  For the fiscal year beginning
    21 44 July 1, 2010, and each fiscal year thereafter, there
    21 45 is appropriated from the Iowa comprehensive petroleum
    21 46 underground storage tank fund to the department of
    21 47 agriculture and land stewardship two hundred fifty
    21 48 thousand dollars for the sole and exclusive purpose
    21 49 of inspecting fuel quality at pipeline terminals
    21 50 and renewable fuel production facilities, including
    22  1 salaries, support, maintenance, and miscellaneous
    22  2 purposes.
    22  3    NEW SUBSECTION.  9.  Beginning September 1, 2010,
    22  4 the board shall administer safety training, hazardous
    22  5 material training, environmental training, and
    22  6 underground storage tank operator training in the
    22  7 state to be provided by an entity approved by the
    22  8 department of natural resources.  The training provided
    22  9 pursuant to this subsection shall be available to any
    22 10 tank operator in the state at an equal and reasonable
    22 11 cost and shall not be conditioned upon any other
    22 12 requirements.  Each fiscal year, the board shall not
    22 13 expend more than two hundred fifty thousand dollars
    22 14 from the Iowa comprehensive petroleum underground
    22 15 storage tank fund for purposes of administering this
    22 16 subsection.
    22 17    Sec. ___.  Section 455G.4, subsection 1, paragraph
    22 18 a, subparagraphs (3) and (5), Code Supplement 2009, are
    22 19 amended to read as follows:
    22 20    (3)  The commissioner of insurance, or the
    22 21 commissioner's designee.  An employee of the department
    22 22 of management who has been designated as a risk manager
    22 23 by the director of the department of management.
    22 24    (5)  Two owners or operators appointed by the
    22 25 governor. One of the owners or operators appointed
    22 26 pursuant to this subparagraph shall have been a
    22 27 petroleum systems insured through the underground
    22 28 storage tank insurance fund as it existed on June 30,
    22 29 2004, or a successor to the underground storage tank
    22 30 insurance fund and shall have been an insured through
    22 31 the insurance account of the comprehensive petroleum
    22 32 underground storage tank fund on or before October
    22 33 26, 1990. One of the owners or operators appointed
    22 34 pursuant to this subparagraph shall be self=insured. as
    22 35 follows:
    22 36    (a)  One member shall be an owner or operator who is
    22 37 self=insured.
    22 38    (b)  One member shall be a member of the petroleum
    22 39 marketers and convenience stores of Iowa or its
    22 40 designee.
    22 41    Sec. ___.  Section 455G.8, subsection 3, Code 2009,
    22 42 is amended by striking the subsection.
    22 43    Sec. ___.  Section 455G.9, subsection 1, paragraphs
    22 44 d, k, and l, Code 2009, are amended to read as follows:
    22 45    d.  One hundred percent of the costs of corrective
    22 46 action and third=party liability for a release situated
    22 47 on property acquired by a county for delinquent taxes
    22 48 pursuant to chapters 445 through 448, for which a
    22 49 responsible owner or operator able to pay, other
    22 50 than the county, cannot be found. A county is not
    23  1 a "responsible party" for a release in connection
    23  2 with property which it acquires in connection with
    23  3 delinquent taxes, and does not become a responsible
    23  4 party by sale or transfer of property so acquired.  In
    23  5 such situations, the board may act as an agent for
    23  6 the county.  Actual corrective action on the site
    23  7 shall be overseen by the department, the board, and
    23  8 a certified groundwater professional. Third=party
    23  9 liability specifically excludes any claim, cause of
    23 10 action, or suit, for personal injury including, but
    23 11 not limited to, loss of use or of private enjoyment,
    23 12 mental anguish, false imprisonment, wrongful entry or
    23 13 eviction, humiliation, discrimination, or malicious
    23 14 prosecution.  Reasonable acquisition costs do not
    23 15 include any taxes or costs related to the collection
    23 16 of taxes.
    23 17    k.  Pursuant to an agreement between the board and
    23 18 the department of natural resources, assessment and
    23 19 corrective action arising out of releases at sites for
    23 20 which a no further action certificate has been issued
    23 21 pursuant to section 455B.474, when the department
    23 22 determines that an unreasonable risk to public health
    23 23 and safety may still exist or that previously reported
    23 24 upon applicable target levels have been exceeded. At
    23 25 a minimum, the agreement shall address eligible costs,
    23 26 contracting for services, and conditions under which
    23 27 sites may be reevaluated.
    23 28    l.  Costs Up to fifteen thousand dollars for the
    23 29 permanent closure of an underground storage tank
    23 30 system that was in place on the date an eligible claim
    23 31 was submitted under paragraph "a" that does not meet
    23 32 performance standards for new or upgraded tanks or
    23 33 is otherwise required to be closed pursuant to rules
    23 34 adopted by the environmental protection commission
    23 35 pursuant to section 455B.474. Reimbursement is limited
    23 36 to costs approved by the board prior to the closure
    23 37 activities.
    23 38    Sec. ___.  Section 455G.9, subsection 4, Code 2009,
    23 39 is amended to read as follows:
    23 40    4.  Minimum copayment schedule.
    23 41    a.  An owner or operator shall be required to pay
    23 42 the greater of five thousand dollars or eighteen
    23 43 percent of the first eighty thousand dollars of the
    23 44 total costs of corrective action for that release,
    23 45 except for claims pursuant to section 455G.21, where
    23 46 the claimant is not a responsible party or potentially
    23 47 responsible party for the site for which the claim is
    23 48 filed.
    23 49    b.  If a site's actual expenses exceed eighty
    23 50 thousand dollars, the remedial account shall pay the
    24  1 remainder, as required by federal regulations, of
    24  2 the total costs of the corrective action for that
    24  3 release, not to exceed one million dollars, except that
    24  4 a county shall not be required to pay a copayment in
    24  5 connection with a release situated on property acquired
    24  6 in connection with delinquent taxes, as provided in
    24  7 subsection 1, paragraph "d", unless subsequent to
    24  8 acquisition the county actively operates a tank on the
    24  9 property for purposes other than risk assessment, risk
    24 10 management, or tank closure.
    24 11    Sec. ___.  Section 455G.9, subsection 7, Code 2009,
    24 12 is amended to read as follows:
    24 13    7.  Expenses of cleanup not required.  When an
    24 14 owner or operator who is eligible for benefits under
    24 15 this chapter is allowed by the department of natural
    24 16 resources to monitor in place, the expenses incurred
    24 17 for cleanup beyond the level required by the department
    24 18 of natural resources are not may be covered under any
    24 19 of the accounts established under the fund only if
    24 20 approved by the board as cost=effective relative to
    24 21 the department accepted monitoring plan or relative
    24 22 to the repeal date specified in section 424.19. The
    24 23 cleanup expenses incurred for work completed beyond
    24 24 what is required is the responsibility of the person
    24 25 contracting for the excess cleanup.  The board shall
    24 26 seek to terminate the responsible party's environmental
    24 27 liabilities at such sites prior to the board ceasing
    24 28 operation.
    24 29    Sec. ___.  Section 455G.9, subsection 10, Code 2009,
    24 30 is amended to read as follows:
    24 31    10.  Expenses incurred by governmental subdivisions
    24 32 and public works utilities.  The board may shall adopt
    24 33 rules for reimbursement for reasonable expenses
    24 34 incurred by a governmental subdivision or public
    24 35 works utility for sampling, treating, handling,
    24 36 or disposing, as required by the department, of
    24 37 petroleum=contaminated soil and groundwater encountered
    24 38 in a public right=of=way during installation,
    24 39 maintenance, or repair of a utility or public
    24 40 improvement. The board may seek full recovery from
    24 41 a responsible party liable for the release for such
    24 42 expenses and for all other costs and reasonable
    24 43 attorney fees and costs of litigation for which moneys
    24 44 are expended by the fund. Any expense described in
    24 45 this subsection incurred by the fund constitutes a lien
    24 46 upon the property from which the release occurred.
    24 47 A lien shall be recorded and an expense shall be
    24 48 collected in the same manner as provided in section
    24 49 424.11.
    24 50    Sec. ___.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE
    25  1 APPLICABILITY.  The section of this division of this
    25  2 Act amending section 455G.9, subsection 4, being deemed
    25  3 of immediate importance, takes effect upon enactment
    25  4 and applies retroactively to January 1, 2010.
    25  5                          DIVISION ___
    25  6                        BONDING AUTHORITY
    25  7    Sec. ___.  Section 455G.2, subsection 1, Code 2009,
    25  8 is amended by striking the subsection.
    25  9    Sec. ___.  Section 455G.2, subsection 3, Code 2009,
    25 10 is amended to read as follows:
    25 11    3.  "Bond" means a bond, note, or other obligation
    25 12 issued by the authority treasurer of state for the fund
    25 13 and the purposes of this chapter.
    25 14    Sec. ___.  Section 455G.3, subsection 2, Code 2009,
    25 15 is amended to read as follows:
    25 16    2.  The board shall assist Iowa's owners and
    25 17 operators of petroleum underground storage tanks in
    25 18 complying with federal environmental protection agency
    25 19 technical and financial responsibility regulations
    25 20 by establishment of the Iowa comprehensive petroleum
    25 21 underground storage tank fund. The authority treasurer
    25 22 of state may issue its bonds, or series of bonds, to
    25 23 assist the board, as provided in this chapter.
    25 24    Sec. ___.  Section 455G.6, subsections 7 through 9,
    25 25 Code Supplement 2009, are amended to read as follows:
    25 26    7.  The board may contract with the
    25 27 authority treasurer of state for the
    25 28 authority treasurer of state to issue bonds and do
    25 29 all things necessary with respect to the purposes
    25 30 of the fund, as set out in the contract between the
    25 31 board and the authority treasurer of state. The
    25 32 board may delegate to the authority treasurer of
    25 33 state and the authority treasurer of state shall
    25 34 then have all of the powers of the board which are
    25 35 necessary to issue and secure bonds and carry out the
    25 36 purposes of the fund, to the extent provided in the
    25 37 contract between the board and the authority treasurer
    25 38 of state. The authority treasurer of state may
    25 39 issue the authority's treasurer of state's bonds
    25 40 in principal amounts which, in the opinion of the
    25 41 board, are necessary to provide sufficient funds for
    25 42 the fund, the payment of interest on the bonds, the
    25 43 establishment of reserves to secure the bonds, the
    25 44 costs of issuance of the bonds, other expenditures
    25 45 of the authority treasurer of state incident to and
    25 46 necessary or convenient to carry out the bond issue
    25 47 for the fund, and all other expenditures of the board
    25 48 necessary or convenient to administer the fund.
    25 49 The bonds are investment securities and negotiable
    25 50 instruments within the meaning of and for purposes of
    26  1 the uniform commercial code, chapter 554.
    26  2    8.  Bonds issued under this section are payable
    26  3 solely and only out of the moneys, assets, or revenues
    26  4 of the fund, all of which may be deposited with
    26  5 trustees or depositories in accordance with bond
    26  6 or security documents and pledged by the board to
    26  7 the payment thereof, and are not an indebtedness
    26  8 of this state or the authority, or a charge against
    26  9 the general credit or general fund of the state or
    26 10 the authority, and the state shall not be liable for
    26 11 any financial undertakings with respect to the fund.
    26 12 Bonds issued under this chapter shall contain on their
    26 13 face a statement that the bonds do not constitute an
    26 14 indebtedness of the state or the authority.
    26 15    9.  The proceeds of bonds issued by the
    26 16 authority treasurer of state and not required for
    26 17 immediate disbursement may be deposited with a trustee
    26 18 or depository as provided in the bond documents
    26 19 and invested in any investment approved by the
    26 20 authority treasurer of state and specified in the trust
    26 21 indenture, resolution, or other instrument pursuant
    26 22 to which the bonds are issued without regard to any
    26 23 limitation otherwise provided by law.
    26 24    Sec. ___.  Section 455G.6, subsection 10, paragraph
    26 25 b, Code Supplement 2009, is amended to read as follows:
    26 26    b.  Negotiable instruments under the laws of
    26 27 the state and may be sold at prices, at public or
    26 28 private sale, and in a manner, as prescribed by the
    26 29 authority treasurer of state. Chapters 73A, 74, 74A
    26 30 and 75 do not apply to their sale or issuance of the
    26 31 bonds.
    26 32    Sec. ___.  Section 455G.6, subsection 12, Code
    26 33 Supplement 2009, is amended to read as follows:
    26 34    12.  Bonds must be authorized by a trust
    26 35 indenture, resolution, or other instrument of the
    26 36 authority treasurer of state, approved by the board.
    26 37 However, a trust indenture, resolution, or other
    26 38 instrument authorizing the issuance of bonds may
    26 39 delegate to an officer of the issuer the power to
    26 40 negotiate and fix the details of an issue of bonds.
    26 41    Sec. ___.  Section 455G.7, Code Supplement 2009, is
    26 42 amended to read as follows:
    26 43    455G.7  Security for bonds == capital reserve fund ==
    26 44 irrevocable contracts.
    26 45    1.  a.  For the purpose of securing one or more
    26 46 issues of bonds for the fund, the authority treasurer
    26 47 of state, with the approval of the board, may authorize
    26 48 the establishment of one or more special funds, called
    26 49 "capital reserve funds". The authority treasurer
    26 50 of state may pay into the capital reserve funds the
    27  1 proceeds of the sale of its bonds and other money
    27  2 which may be made available to the authority treasurer
    27  3 of state from other sources for the purposes of the
    27  4 capital reserve funds. Except as provided in this
    27  5 section, money in a capital reserve fund shall be used
    27  6 only as required for any of the following:
    27  7    a.  (1)  The payment of the principal of and
    27  8 interest on bonds or of the sinking fund payments with
    27  9 respect to those bonds.
    27 10    b.  (2)  The purchase or redemption of the bonds.
    27 11    c.  (3)  The payment of a redemption premium
    27 12 required to be paid when the bonds are redeemed before
    27 13 maturity.
    27 14    b.  However, money in a capital reserve fund shall
    27 15 not be withdrawn if the withdrawal would reduce the
    27 16 amount in the capital reserve fund to less than the
    27 17 capital reserve fund requirement, except for the
    27 18 purpose of making payment, when due, of principal,
    27 19 interest, redemption premiums on the bonds, and making
    27 20 sinking fund payments when other money pledged to the
    27 21 payment of the bonds is not available for the payments.
    27 22 Income or interest earned by, or increment to, a
    27 23 capital reserve fund from the investment of all or part
    27 24 of the capital reserve fund may be transferred by the
    27 25 authority treasurer of state to other accounts of the
    27 26 fund if the transfer does not reduce the amount of the
    27 27 capital reserve fund below the capital reserve fund
    27 28 requirement.
    27 29    2.  If the authority treasurer of state decides
    27 30 to issue bonds secured by a capital reserve fund,
    27 31 the bonds shall not be issued if the amount in the
    27 32 capital reserve fund is less than the capital reserve
    27 33 fund requirement, unless at the time of issuance of
    27 34 the bonds the authority treasurer of state deposits
    27 35 in the capital reserve fund from the proceeds of the
    27 36 bonds to be issued or from other sources, an amount
    27 37 which, together with the amount then in the capital
    27 38 reserve fund, is not less than the capital reserve fund
    27 39 requirement.
    27 40    3.  In computing the amount of a capital reserve
    27 41 fund for the purpose of this section, securities in
    27 42 which all or a portion of the capital reserve fund
    27 43 is invested shall be valued by a reasonable method
    27 44 established by the authority treasurer of state.
    27 45 Valuation shall include the amount of interest earned
    27 46 or accrued as of the date of valuation.
    27 47    4.  In this section, "capital reserve fund
    27 48 requirement" means the amount required to be on
    27 49 deposit in the capital reserve fund as of the date of
    27 50 computation.
    28  1    5.  To assure maintenance of the capital reserve
    28  2 funds, the authority treasurer of state shall, on
    28  3 or before July 1 of each calendar year, make and
    28  4 deliver to the governor the authority's treasurer of
    28  5 state's certificate stating the sum, if any, required
    28  6 to restore each capital reserve fund to the capital
    28  7 reserve fund requirement for that fund. Within
    28  8 thirty days after the beginning of the session of the
    28  9 general assembly next following the delivery of the
    28 10 certificate, the governor may submit to both houses
    28 11 printed copies of a budget including the sum, if any,
    28 12 required to restore each capital reserve fund to the
    28 13 capital reserve fund requirement for that fund. Any
    28 14 sums appropriated by the general assembly and paid
    28 15 to the authority treasurer of state pursuant to this
    28 16 section shall be deposited in the applicable capital
    28 17 reserve fund.
    28 18    6.  All amounts paid by the state pursuant to this
    28 19 section shall be considered advances by the state and,
    28 20 subject to the rights of the holders of any bonds of
    28 21 the authority treasurer of state that have previously
    28 22 been issued or will be issued, shall be repaid to the
    28 23 state without interest from all available revenues of
    28 24 the fund in excess of amounts required for the payment
    28 25 of bonds of the authority treasurer of state, the
    28 26 capital reserve fund, and operating expenses.
    28 27    7.  If any amount deposited in a capital reserve
    28 28 fund is withdrawn for payment of principal, premium,
    28 29 or interest on the bonds or sinking fund payments with
    28 30 respect to bonds thus reducing the amount of that fund
    28 31 to less than the capital reserve fund requirement, the
    28 32 authority treasurer of state shall immediately notify
    28 33 the governor and the general assembly of this event and
    28 34 shall take steps to restore the capital reserve fund
    28 35 to the capital reserve fund requirement for that fund
    28 36 from any amounts designated as being available for such
    28 37 purpose.
    28 38    Sec. ___.  Section 455G.8, subsection 2, Code 2009,
    28 39 is amended to read as follows:
    28 40    2.  Statutory allocations fund.  The moneys
    28 41 credited from the statutory allocations fund under
    28 42 section 321.145, subsection 2, paragraph "a", shall
    28 43 be allocated, consistent with this chapter, among
    28 44 the fund's accounts, for debt service and other fund
    28 45 expenses, according to the fund budget, resolution,
    28 46 trust agreement, or other instrument prepared or
    28 47 entered into by the board or authority treasurer of
    28 48 state under direction of the board.
    28 49    Sec. ___.  REPEAL.  Section 16.151, Code 2009, is
    28 50 repealed.
    29  1    Sec. ___.  REPEAL.  1989 Iowa Acts, chapter 131,
    29  2 section 63, as amended by 2009 Iowa Acts, chapter 184,
    29  3 section 39, is repealed.
    29  4    Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division
    29  5 of this Act, being deemed of immediate importance,
    29  6 takes effect upon enactment.>
    29  7 #34.  Page 46, after line 5 by inserting:
    29  8                          <DIVISION ___
    29  9                 UNEMPLOYMENT INSURANCE BENEFITS
    29 10    Sec. ___.  CASH RESERVE APPROPRIATION ==
    29 11 UNEMPLOYMENT TRUST FUND ACCOUNT.
    29 12    1.  On or before August 15, 2010, following the
    29 13 computation date required pursuant to section 96.7,
    29 14 subsection 2, paragraph "d", subparagraph (1),
    29 15 unnumbered paragraph 1, as amended by this Act, and
    29 16 upon the approval of the director of the department of
    29 17 management, there is appropriated from the cash reserve
    29 18 fund created in section 8.56 to the unemployment
    29 19 trust fund account of the unemployment compensation
    29 20 fund for the fiscal year beginning July 1, 2010, and
    29 21 ending June 30, 2011, up to $20 million. This loan is
    29 22 contingent upon being necessary to reach contribution
    29 23 rate table 3 rather than contribution rate table 2 for
    29 24 calendar year 2011. Any moneys appropriated pursuant
    29 25 to this subsection shall be considered a loan for the
    29 26 payment of unemployment insurance benefits and the
    29 27 repayment of such moneys to the cash reserve fund
    29 28 shall occur pursuant to subsection 2. If the amount
    29 29 necessary to prevent table 2 from being applied is more
    29 30 than $20 million, this section is repealed. Section
    29 31 8.56, subsections 3 and 4, shall not apply to the
    29 32 appropriation in this section.
    29 33    2.  Following the fiscal year beginning July 1,
    29 34 2010, and ending June 30, 2011, the department of
    29 35 workforce development, in coordination with the
    29 36 department of management, shall develop a plan for the
    29 37 transfer of an amount equal to the amount appropriated
    29 38 pursuant to subsection 1 from the unemployment trust
    29 39 fund account of the unemployment compensation fund to
    29 40 the cash reserve fund without adversely impacting the
    29 41 solvency of the unemployment trust fund account.
    29 42    3.  By December 1, 2011, the director of the
    29 43 department of workforce development shall submit to
    29 44 the general assembly, with the report required under
    29 45 section 96.35, the director's recommendations regarding
    29 46 the transfer of moneys as required under subsection 2.
    29 47    Sec. ___.  Section 96.7, subsection 2, paragraph
    29 48 d, subparagraph (1), unnumbered paragraph 1, Code
    29 49 Supplement 2009, is amended to read as follows:
    29 50    The current reserve fund ratio is computed by
    30  1 dividing the total funds available for payment of
    30  2 benefits, on the computation date or on August 15
    30  3 following the computation date if the total funds
    30  4 available for payment of benefits is a higher amount
    30  5 on August 15, by the total wages paid in covered
    30  6 employment excluding reimbursable employment wages
    30  7 during the first four calendar quarters of the five
    30  8 calendar quarters immediately preceding the computation
    30  9 date. However, in computing the current reserve fund
    30 10 ratio the following amounts shall be added to the
    30 11 total funds available for payment of benefits on the
    30 12 following computation dates:>
    30 13 #35.  Page 46, after line 5 by inserting:
    30 14                          <DIVISION ___
    30 15                          TERRACE HILL
    30 16    Sec. ___.  TERRACE HILL OPERATIONS == CASH RESERVE
    30 17 FUND == DEPARTMENT OF ADMINISTRATIVE SERVICES.  There
    30 18 is appropriated from the cash reserve fund created
    30 19 in section 8.56 to the department of administrative
    30 20 services for the fiscal year beginning July 1, 2010,
    30 21 and ending June 30, 2011, the following amount, or
    30 22 so much thereof as is necessary, to be used for the
    30 23 purposes designated:
    30 24    For salaries, support, maintenance, and
    30 25 miscellaneous purposes necessary for the operation of
    30 26 Terrace Hill:
    30 27 .................................................. $    168,494
    30 28    Sec. ___.  TERRACE HILL == GENERAL FUND ==
    30 29 DEPARTMENT OF ADMINISTRATIVE SERVICES.  There is
    30 30 appropriated from the general fund of the state to
    30 31 the department of administrative services for the
    30 32 fiscal year beginning July 1, 2009, and ending June 30,
    30 33 2010, the following amount, or so much thereof as is
    30 34 necessary, to be used for the purposes designated:
    30 35    For salaries, support, maintenance, and
    30 36 miscellaneous purposes necessary for the operation
    30 37 of Terrace Hill, and for not more than the following
    30 38 full=time equivalent positions:
    30 39 .................................................. $    263,329
    30 40 ............................................... FTEs       6.38
    30 41    Sec. ___.  TERRACE HILL QUARTERS.  The amount
    30 42 appropriated from the general fund of the state to the
    30 43 offices of the governor and the lieutenant governor
    30 44 for Terrace Hill quarters pursuant to 2010 Iowa Acts,
    30 45 Senate File 2367, for the fiscal year beginning July 1,
    30 46 2010, and ending June 30, 2011, is reduced by $263,329.
    30 47 The number of full=time equivalent positions authorized
    30 48 pursuant to 2010 Iowa Acts, Senate File 2367, for
    30 49 purposes of Terrace Hill quarters for the fiscal year
    30 50 beginning July 1, 2010, and ending June 30, 2011, is
    31  1 reduced by 8.12 full=time equivalent positions.>
    31  2 #36.  By renumbering, redesignating, and correcting
    31  3 internal references as necessary.


                                        
          ROBERT E. DVORSKY
          HF2531.2904 (3) 83
          tm/jp

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