Senate Amendment to House Amendment to Senate File 533 H-1752 Amend the House amendment, S-3372, to Senate File 1 533, as amended, passed, and reprinted by the Senate, 2 as follows: 3 1. By striking page 1, line 5, through page 52, 4 line 48, and inserting: 5 < DIVISION I 6 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 7 2011-2012 8 Section 1. BUDGET PROCESS FOR FISCAL YEAR 9 2012-2013. 10 1. For the budget process applicable to the fiscal 11 year beginning July 1, 2012, on or before October 1, 12 2011, in lieu of the information specified in section 13 8.23, subsection 1 , unnumbered paragraph 1, and 14 paragraph “a”, all departments and establishments of 15 the government shall transmit to the director of the 16 department of management, on blanks to be furnished 17 by the director, estimates of their expenditure 18 requirements, including every proposed expenditure, for 19 the ensuing fiscal year, together with supporting data 20 and explanations as called for by the director of the 21 department of management after consultation with the 22 legislative services agency. 23 2. The estimates of expenditure requirements 24 shall be in a form specified by the director of 25 the department of management, and the expenditure 26 requirements shall include all proposed expenditures 27 and shall be prioritized by program or the results to 28 be achieved. The estimates shall be accompanied by 29 performance measures for evaluating the effectiveness 30 of the programs or results. 31 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS. 32 Notwithstanding the standing appropriations in the 33 following designated sections for the fiscal year 34 beginning July 1, 2011, and ending June 30, 2012, the 35 amounts appropriated from the general fund of the state 36 pursuant to these sections for the following designated 37 purposes shall not exceed the following amounts: 38 1. For operational support grants and community 39 cultural grants under section 99F.11, subsection 3 , 40 paragraph “d”, subparagraph (1): 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 42 2. For regional tourism marketing under section 43 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 45 3. For the center for congenital and inherited 46 disorders central registry under section 144.13A, 47 subsection 4 , paragraph “a”: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 49 4. For primary and secondary child abuse prevention 50 -1- S3372.3418.S (1) 84 jh 1/ 72 #1.

programs under section 144.13A, subsection 4 , paragraph 1 “a”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 3 5. For programs for at-risk children under section 4 279.51 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 6 The amount of any reduction in this subsection shall 7 be prorated among the programs specified in section 8 279.51, subsection 1 , paragraphs “a”, “b”, and “c”. 9 6. For payment for nonpublic school transportation 10 under section 285.2 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 12 If total approved claims for reimbursement for 13 nonpublic school pupil transportation exceed the amount 14 appropriated in accordance with this subsection, the 15 department of education shall prorate the amount of 16 each approved claim. 17 7. For reimbursement for the homestead property tax 18 credit under section 425.1 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 20 8. For reimbursement for the family farm and 21 agricultural land tax credits under sections 425A.1 and 22 426.1 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 24 9. For the enforcement of chapter 453D relating to 25 tobacco product manufacturers under section 453D.8 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 27 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 28 2011-2012. In lieu of the appropriation provided in 29 section 257.20, subsection 2, the appropriation for the 30 fiscal year beginning July 1, 2011, and ending June 30, 31 2012, for paying instructional support state aid under 32 section 257.20 for fiscal year 2011-2012 is zero. 33 Sec. 4. Section 256.30, unnumbered paragraph 34 1, Code 2011, is amended by striking the unnumbered 35 paragraph and inserting in lieu thereof the following: 36 For the fiscal year beginning July 1, 2011, and 37 ending June 30, 2012, and for each succeeding fiscal 38 year, there is appropriated from the general fund of 39 the state to the department the sum of one hundred 40 thousand dollars. The department shall distribute the 41 appropriation to the tribal council of the Sac and Fox 42 Indian settlement for expenses of educating American 43 Indian children residing in the Sac and Fox Indian 44 settlement on land held in trust by the secretary of 45 the interior of the United States in excess of federal 46 moneys paid to the tribal council for educating the 47 American Indian children when moneys are appropriated 48 for that purpose. The tribal council shall administer 49 the moneys distributed pursuant to this section and 50 -2- S3372.3418.S (1) 84 jh 2/ 72

shall submit an annual report and other reports as 1 required by the department to the department on the 2 expenditure of the moneys. 3 Sec. 5. Section 257.35, Code 2011, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 5A. Notwithstanding subsection 1, 6 and in addition to the reduction applicable pursuant 7 to subsection 2, the state aid for area education 8 agencies and the portion of the combined district cost 9 calculated for these agencies for the fiscal year 10 beginning July 1, 2011, and ending June 30, 2012, shall 11 be reduced by the department of management by twenty 12 million dollars. The reduction for each area education 13 agency shall be prorated based on the reduction that 14 the agency received in the fiscal year beginning July 15 1, 2003. 16 DIVISION II 17 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 18 2011-2012 19 Sec. 6. APPOINTED STATE OFFICERS. 20 1. The governor shall establish a salary for 21 appointed nonelected persons in the executive branch 22 of state government holding a position enumerated in 23 and within the salary ranges provided in 2008 Iowa 24 Acts, chapter 1191, section 14, by considering, among 25 other items, the experience of the individual in 26 the position, changes in the duties of the position, 27 the incumbent’s performance of assigned duties, and 28 subordinates’ salaries. However, the attorney general 29 shall establish the salary for the consumer advocate, 30 the chief justice of the supreme court shall establish 31 the salary for the state court administrator, the 32 ethics and campaign disclosure board shall establish 33 the salary of the executive director, and the Iowa 34 public broadcasting board shall establish the salary of 35 the administrator of the public broadcasting division 36 of the department of education, each within the salary 37 range provided in 2008 Iowa Acts, chapter 1191, section 38 14. 39 2. The governor, in establishing salaries as 40 provided in this section, shall take into consideration 41 other employee benefits which may be provided for an 42 individual including but not limited to housing. 43 3. A person whose salary is established pursuant 44 to this section and who is a full-time, year-round 45 employee of the state shall not receive any other 46 remuneration from the state or from any other source 47 for the performance of that person’s duties unless 48 the additional remuneration is first approved by the 49 governor or authorized by law. However, this provision 50 -3- S3372.3418.S (1) 84 jh 3/ 72

does not exclude the reimbursement for necessary travel 1 and expenses incurred in the performance of duties or 2 fringe benefits normally provided to employees of the 3 state. 4 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS 5 FUNDED. The various state departments, boards, 6 commissions, councils, and agencies, including the 7 state board of regents, for the fiscal year beginning 8 July 1, 2011, and ending June 30, 2012, shall provide 9 from available sources pay adjustments, expense 10 reimbursements, and related benefits to fully fund the 11 following: 12 1. The collective bargaining agreement negotiated 13 pursuant to chapter 20 for employees in the blue collar 14 bargaining unit. 15 2. The collective bargaining agreement negotiated 16 pursuant to chapter 20 for employees in the public 17 safety bargaining unit. 18 3. The collective bargaining agreement negotiated 19 pursuant to chapter 20 for employees in the security 20 bargaining unit. 21 4. The collective bargaining agreement negotiated 22 pursuant to chapter 20 for employees in the technical 23 bargaining unit. 24 5. The collective bargaining agreement negotiated 25 pursuant to chapter 20 for employees in the 26 professional fiscal and staff bargaining unit. 27 6. The collective bargaining agreement negotiated 28 pursuant to chapter 20 for employees in the clerical 29 bargaining unit. 30 7. The collective bargaining agreement negotiated 31 pursuant to chapter 20 for employees in the 32 professional social services bargaining unit. 33 8. The collective bargaining agreement negotiated 34 pursuant to chapter 20 for employees in the 35 community-based corrections bargaining unit. 36 9. The collective bargaining agreements negotiated 37 pursuant to chapter 20 for employees in the judicial 38 branch of government bargaining units. 39 10. The collective bargaining agreement negotiated 40 pursuant to chapter 20 for employees in the patient 41 care bargaining unit. 42 11. The collective bargaining agreement negotiated 43 pursuant to chapter 20 for employees in the science 44 bargaining unit. 45 12. The collective bargaining agreement negotiated 46 pursuant to chapter 20 for employees in the university 47 of northern Iowa faculty bargaining unit. 48 13. The collective bargaining agreement negotiated 49 pursuant to chapter 20 for employees in the state 50 -4- S3372.3418.S (1) 84 jh 4/ 72

university of Iowa graduate student bargaining unit. 1 14. The collective bargaining agreement negotiated 2 pursuant to chapter 20 for employees in the state 3 university of Iowa hospital and clinics tertiary health 4 care bargaining unit. 5 15. The annual pay adjustments, related benefits, 6 and expense reimbursements referred to in the sections 7 of this division of this Act addressing state board of 8 regents employees who are not covered by a collective 9 bargaining agreement. 10 Sec. 8. STATE EMPLOYEES —— STATE BOARD OF 11 REGENTS. For the fiscal year beginning July 1, 2011, 12 and ending June 30, 2012, funds shall be provided from 13 available sources of the state board of regents for 14 funding of collective bargaining agreements for state 15 board of regents employees covered by such agreements 16 and for the following state board of regents employees 17 not covered by a collective bargaining agreement: 18 1. Regents merit system employees and merit 19 supervisory employees. 20 2. Faculty members and professional and scientific 21 employees. 22 Sec. 9. BONUS PAY. For the fiscal year beginning 23 July 1, 2011, and ending June 30, 2012, employees of 24 the executive branch, judicial branch, and legislative 25 branch shall not receive bonus pay unless otherwise 26 authorized by law, required pursuant to a contract 27 of employment entered into before July 1, 2011, 28 or required pursuant to a collective bargaining 29 agreement. This section does not apply to employees 30 of the state board of regents. For purposes of this 31 section, “bonus pay” means any additional remuneration 32 provided an employee in the form of a bonus, including 33 but not limited to a retention bonus, recruitment 34 bonus, exceptional job performance pay, extraordinary 35 job performance pay, exceptional performance pay, 36 extraordinary duty pay, or extraordinary or special 37 duty pay, and any extra benefit not otherwise provided 38 to other similarly situated employees. 39 Sec. 10. STATE TROOPER MEAL ALLOWANCE. For the 40 fiscal year beginning July 1, 2011, the sworn peace 41 officers in the department of public safety who are not 42 covered by a collective bargaining agreement negotiated 43 pursuant to chapter 20 shall receive the same per 44 diem meal allowance as the sworn peace officers in 45 the department of public safety who are covered by a 46 collective bargaining agreement negotiated pursuant to 47 chapter 20. 48 Sec. 11. SALARY MODEL ADMINISTRATOR. The salary 49 model administrator shall work in conjunction with 50 -5- S3372.3418.S (1) 84 jh 5/ 72

the legislative services agency to maintain the 1 state’s salary model used for analyzing, comparing, 2 and projecting state employee salary and benefit 3 information, including information relating to 4 employees of the state board of regents. The 5 department of revenue, the department of administrative 6 services, the five institutions under the jurisdiction 7 of the state board of regents, the judicial district 8 departments of correctional services, and the state 9 department of transportation shall provide salary data 10 to the department of management and the legislative 11 services agency to operate the state’s salary 12 model. The format and frequency of provision of the 13 salary data shall be determined by the department of 14 management and the legislative services agency. The 15 information shall be used in collective bargaining 16 processes under chapter 20 and in calculating the 17 funding needs contained within the annual salary 18 adjustment legislation. A state employee organization 19 as defined in section 20.3, subsection 4, may request 20 information produced by the model, but the information 21 provided shall not contain information attributable to 22 individual employees. 23 DIVISION III 24 PERFORMANCE OF DUTY 25 Sec. 12. Section 7D.10, Code 2011, is amended to 26 read as follows: 27 7D.10 Court costs. 28 If sufficient funds for court costs have not been 29 appropriated to a state department, or if sufficient 30 funds are not otherwise available for such purposes 31 within the budget of a state department, upon 32 authorization by the executive council may pay, out of 33 any money in the state treasury there is appropriated 34 from moneys in the general fund of the state not 35 otherwise appropriated, an amount sufficient to pay 36 expenses incurred, or costs taxed to the state, in 37 any proceeding brought by or against any of the state 38 departments or in which the state is a party or is 39 interested. This section shall not be construed to 40 authorize the payment of travel or other personal 41 expenses of state officers or employees. 42 Sec. 13. Section 7D.10A, as amended by 2011 Iowa 43 Acts, Senate File 478, section 11, as enacted, is 44 amended to read as follows: 45 7D.10A Allocation Payment to livestock remediation 46 fund. 47 If moneys are not sufficient to support the 48 livestock remediation fund as provided in chapter 459, 49 subchapter V , the executive council may allocate from 50 -6- S3372.3418.S (1) 84 jh 6/ 72

moneys in the general fund of the state, which are 1 not otherwise obligated or encumbered, authorize as 2 an expense paid from the appropriations addressed in 3 section 7D.29 the payment of an amount to the livestock 4 remediation fund as provided under section 459.501 , 5 subsection 5 . However, not more than a total of 6 one million dollars shall be allocated shall be paid 7 pursuant to this section to the livestock remediation 8 fund at any time. 9 Sec. 14. Section 7D.29, Code 2011, is amended to 10 read as follows: 11 7D.29 Performance of duty —— expense. 12 1. The executive council shall not employ others, 13 or incur authorize any expense, for the purpose of 14 performing any duty imposed upon the council when 15 the duty may, without neglect of their usual duties, 16 be performed by the members, or by their regular 17 employees, but, subject to this limitation, the council 18 may incur authorize the necessary expense to perform 19 or cause to be performed any legal duty imposed on 20 the council , and pay the same out of any money in the 21 state treasury not otherwise appropriated . The expenses 22 authorized by the executive council in accordance 23 with this section and the expenses authorized by the 24 executive council in accordance with other statutory 25 provisions referencing the appropriations addressed in 26 this section shall be paid as follows: 27 a. From the appropriation made from the Iowa 28 economic emergency fund in section 8.55 for purposes of 29 paying such expenses. 30 b. To the extent the appropriation from the 31 Iowa economic emergency fund described in paragraph 32 “a” is insufficient to pay such expenses, there is 33 appropriated from moneys in the general fund of the 34 state not otherwise appropriated the amount necessary 35 to fund that deficiency. > 36 2. At least two weeks prior to the executive 37 council’s approval of a payment authorization under 38 this section , the secretary of the executive council 39 shall notify the legislative services agency that 40 the authorization request will be considered by 41 the executive council and shall provide background 42 information justifying the request. 43 3. The executive council shall receive requests 44 from the Iowa department of public health relative to 45 the purchase, storing, and distribution of vaccines and 46 medication for prevention, prophylaxis, or treatment. 47 Upon review and after compliance with subsection 2 , 48 the executive council may approve the request and may 49 incur authorize payment of the necessary expense and 50 -7- S3372.3418.S (1) 84 jh 7/ 72

pay the same out of any money in the state treasury not 1 otherwise appropriated . The expense authorized by the 2 executive council under this subsection shall be paid 3 from the appropriations referred to in subsection 1. 4 Sec. 15. Section 7D.30, Code 2011, is amended to 5 read as follows: 6 7D.30 Necessary record. 7 Before incurring authorizing any expense authorized 8 by in accordance with section 7D.29 , the executive 9 council shall, in each case, by resolution, entered 10 upon its records, set forth the necessity for incurring 11 authorizing such expense, the special fitness of the 12 one employed to perform such work, the definite rate of 13 compensation or salary allowed, and the total amount of 14 money that may be expended. Compensation or salary for 15 personal services in such cases must be determined by 16 unanimous vote of all members of the council. 17 Sec. 16. Section 8.55, subsection 3, paragraph a, 18 Code 2011, is amended to read as follows: 19 a. Except as provided in paragraphs “b” , and “c” , and 20 “0d” , the moneys in the Iowa economic emergency fund 21 shall only be used pursuant to an appropriation made 22 by the general assembly. An appropriation shall only 23 be made for the fiscal year in which the appropriation 24 is made. The moneys shall only be appropriated by the 25 general assembly for emergency expenditures. 26 Sec. 17. Section 8.55, subsection 3, Code 2011, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . 0d. There is appropriated from the 29 Iowa economic emergency fund to the executive council 30 an amount sufficient to pay the expenses authorized by 31 the executive council, as addressed in section 7D.29. 32 Sec. 18. Section 8A.321, subsection 4, Code 2011, 33 is amended to read as follows: 34 4. Contract, with the approval of the executive 35 council, for the repair, remodeling, or, if the 36 condition warrants, demolition of all buildings and 37 grounds of the state at the seat of government, at 38 the state laboratories facility in Ankeny, and the 39 institutions of the department of human services and 40 the department of corrections for which no specific 41 appropriation has been made, if the cost of repair, 42 remodeling, or demolition will not exceed one hundred 43 thousand dollars when completed. The cost of repair 44 projects for which no specific appropriation has 45 been made shall be paid from the fund as an expense 46 authorized by the executive council as provided in 47 section 7D.29 . 48 Sec. 19. Section 8A.321, subsection 6, paragraphs a 49 and b, Code 2011, are amended to read as follows: 50 -8- S3372.3418.S (1) 84 jh 8/ 72

a. Lease all buildings and office space necessary 1 to carry out the provisions of this subchapter or 2 necessary for the proper functioning of any state 3 agency at the seat of government. For state agencies 4 at the seat of government, the director may lease 5 buildings and office space in Polk county or in a 6 county contiguous to Polk county. If no specific 7 appropriation has been made, the proposed lease shall 8 be submitted to the executive council for approval 9 authorization and if authorized lease expense shall 10 be paid from the appropriations addressed in section 11 7D.29 . The cost of any lease for which no specific 12 appropriation has been made shall be paid from the fund 13 provided in section 7D.29 . 14 b. When the general assembly is not in session, the 15 director may request moneys an expense authorization 16 from the executive council for moving state agencies 17 located at the seat of government from one location 18 to another. The request may include moving costs, 19 telecommunications costs, repair costs, or any other 20 costs relating to the move. The executive council may 21 approve and shall pay the costs from funds authorize 22 the expenses provided and may authorize the expenses to 23 be paid from the appropriations addressed in section 24 7D.29 if it determines the agency or department has 25 no available does not have funds available for these 26 expenses. 27 Sec. 20. Section 11.32, as amended by 2011 Iowa 28 Acts, House File 536, section 26, as enacted, is 29 amended to read as follows: 30 11.32 Certified accountants employed. 31 Nothing in this chapter shall prohibit the auditor 32 of state, with the prior written permission of the 33 state executive council, from employing certified 34 public accountants for specific assignments. The 35 auditor of state may employ such accountants for any 36 assignment now expressly reserved to the auditor of 37 state. Payments, after approval by the executive 38 council, will shall be made to the accountants so 39 employed from funds from which the auditor of state 40 would have been paid had the auditor of state performed 41 the assignment, or if no such specific funds are 42 indicated not available , then payment will be made 43 from the funds of authorization of the expense by the 44 executive council shall be requested, and if authorized 45 shall be paid from the appropriations addressed in 46 section 7D.29 . 47 Sec. 21. Section 13.3, Code 2011, is amended to 48 read as follows: 49 13.3 Disqualification —— substitute. 50 -9- S3372.3418.S (1) 84 jh 9/ 72

1. If, for any reason, the attorney general be 1 is disqualified from appearing in any action or 2 proceeding, the executive council shall appoint some 3 authorize the appointment of a suitable person for that 4 purpose and defray the . There is appropriated from 5 moneys in the general fund not otherwise appropriated 6 an amount necessary to pay the reasonable expense 7 thereof from any unappropriated funds in the state 8 treasury for the person appointed . The department 9 involved in the action or proceeding shall be requested 10 to recommend a suitable person to represent the 11 department and when the executive council concurs in 12 the recommendation, the person recommended shall be 13 appointed. 14 2. If the governor or a department is represented 15 by an attorney other than the attorney general in a 16 court proceeding as provided in this section , at the 17 conclusion of the court proceedings, the court shall 18 review the fees charged to the state to determine 19 if the fees are fair and reasonable. The executive 20 council shall not reimburse authorize reimbursement 21 of attorney fees in excess of those determined by the 22 court to be fair and reasonable. 23 Sec. 22. Section 13.7, Code 2011, is amended to 24 read as follows: 25 13.7 Special counsel. 26 Compensation shall not be allowed to any person for 27 services as an attorney or counselor to an executive 28 department of the state government, or the head thereof 29 of an executive department of state government , or to 30 a state board or commission. However, the executive 31 council may employ authorize employment of legal 32 assistance, at a reasonable compensation, in a pending 33 action or proceeding to protect the interests of the 34 state, but only upon a sufficient showing, in writing, 35 made by the attorney general, that the department of 36 justice cannot for reasons stated by the attorney 37 general perform the service , which . The reasons 38 and action of the council shall be entered upon its 39 records. When If the attorney general determines that 40 the department of justice cannot perform legal service 41 in an action or proceeding, the executive council 42 shall request the department involved in the action or 43 proceeding to recommend legal counsel to represent the 44 department. If the attorney general concurs with the 45 department that the person recommended is qualified 46 and suitable to represent the department, the person 47 recommended shall be employed. If the attorney general 48 does not concur in the recommendation, the department 49 shall submit a new recommendation. This section does 50 -10- S3372.3418.S (1) 84 jh 10/ 72

not affect the general counsel for the utilities board 1 of the department of commerce, the legal counsel of the 2 department of workforce development, or the general 3 counsel for the property assessment appeal board. 4 Sec. 23. Section 29A.27, unnumbered paragraph 8, 5 Code 2011, is amended to read as follows: 6 All payments herein provided for under this section 7 shall be paid on the approval of the adjutant general 8 from the contingent fund of the executive council 9 created in section 29C.20 . 10 Sec. 24. Section 29C.8, subsection 3, paragraph 11 f, subparagraph (3), Code 2011, is amended to read as 12 follows: 13 (3) Upon notification of a compensable loss to a 14 member of a homeland security and emergency management 15 response team, the department of administrative 16 services shall process the claim and seek funding 17 authorization from the executive council for to pay 18 as an expense paid from the appropriations addressed 19 in section 7D.29 those costs associated with covered 20 benefits. 21 Sec. 25. Section 29C.20, subsection 1, paragraph a, 22 unnumbered paragraph 1, Code 2011, is amended to read 23 as follows: 24 A contingent fund is created in the state treasury 25 for the use of the executive council which . Funding 26 for the contingent fund, if authorized by the executive 27 council, shall be paid from the appropriations 28 addressed in section 7D.29. Moneys in the contingent 29 fund may be expended for the following purposes: 30 Sec. 26. Section 96.13, subsection 3, paragraph c, 31 Code 2011, is amended to read as follows: 32 c. The department may appear before the executive 33 council and request funds authorization of moneys to 34 meet unanticipated emergencies as an expense from the 35 appropriations addressed in section 7D.29 . 36 Sec. 27. Section 135.143, subsection 5, Code 2011, 37 is amended to read as follows: 38 5. Upon notification of a compensable loss, the 39 department of administrative services shall seek 40 funding authorization from the executive council for 41 to pay as an expense from the appropriations addressed 42 in section 7D.29 those costs associated with covered 43 workers’ compensation benefits. 44 Sec. 28. Section 135.144, subsection 11, Code 2011, 45 is amended to read as follows: 46 11. If a public health disaster or other public 47 health emergency situation exists which poses an 48 imminent threat to the public health, safety, and 49 welfare, the department, in conjunction with the 50 -11- S3372.3418.S (1) 84 jh 11/ 72

governor, may provide financial assistance, from funds 1 appropriated to the department that are not otherwise 2 encumbered, to political subdivisions as needed to 3 alleviate the disaster or the emergency. If the 4 department does not have sufficient unencumbered funds, 5 the governor may request that the executive council , 6 pursuant to the authority of section 7D.29 , commit 7 sufficient funds, to authorize the payment of up to one 8 million dollars , that are not otherwise encumbered from 9 the general fund, as needed and available, for as an 10 expense from the appropriations addressed in section 11 7D.29 to alleviate the disaster or the emergency. If 12 additional financial assistance is required in excess 13 of one million dollars, approval by the legislative 14 council is also required. 15 Sec. 29. Section 163.3A, subsection 4, paragraph b, 16 Code 2011, is amended to read as follows: 17 b. The department shall provide and update a list 18 of the registered members of each emergency response 19 team, including the members’ names and identifying 20 information, to the department of administrative 21 services. Upon notification of a compensable loss 22 suffered by a registered member, the department 23 of administrative services shall seek funding 24 authorization from the executive council for to pay as 25 an expense from the appropriations addressed in section 26 7D.29 those costs associated with covered benefits. 27 Sec. 30. Section 163.10, Code 2011, is amended to 28 read as follows: 29 163.10 Quarantining or destroying animals. 30 The department may quarantine or destroy any 31 animal exposed to or afflicted with an infectious or 32 contagious disease. However, cattle exposed to or 33 infected with tuberculosis shall not be destroyed 34 without the owner’s consent, unless there are 35 sufficient moneys to reimburse the owner for the 36 cattle, which may be paid from the appropriation as 37 an expense authorized as provided in section 163.15 , 38 from moneys in the brucellosis and tuberculosis 39 eradication fund created in section 165.18 , or from 40 moneys made available by the United States department 41 of agriculture. 42 Sec. 31. Section 163.15, subsection 2, paragraph 43 a, subparagraph (3), Code 2011, is amended to read as 44 follows: 45 (3) A claim for an indemnity by the owner and a 46 claim for compensation and expenses by the appraisers 47 shall be filed with the department and submitted by the 48 secretary of agriculture to the executive council for 49 its approval or disapproval authorization of payment 50 -12- S3372.3418.S (1) 84 jh 12/ 72

of the claim as an expense from the appropriations 1 addressed in section 7D.29 . 2 Sec. 32. Section 163.15, subsection 2, paragraph 3 a, subparagraph (4), Code 2011, is amended by striking 4 the subparagraph. 5 Sec. 33. Section 163.15, subsection 2, paragraph b, 6 unnumbered paragraph 1, Code 2011, is amended to read 7 as follows: 8 A formula established by rule adopted by the 9 department that is effective as determined by 10 the department in accordance with chapter 17A and 11 applicable upon approval of the plan program of 12 eradication approved by the executive council. The 13 formula shall be applicable to indemnify owners if the 14 executive council, upon recommendation by the secretary 15 of agriculture, determines that an animal population 16 in this state is threatened with infection from an 17 exceptionally contagious disease. 18 Sec. 34. Section 163.15, subsection 2, paragraph 19 b, subparagraph (4), Code 2011, is amended to read as 20 follows: 21 (4) Upon approval by the The executive council , 22 there is appropriated to the department from any 23 moneys in the general fund of the state not otherwise 24 appropriated moneys sufficient to carry out the 25 may authorize payment under the provisions of this 26 paragraph “b” as an expense from the appropriations 27 addressed in section 7D.29 . 28 Sec. 35. Section 307.45, subsection 3, Code 2011, 29 is amended to read as follows: 30 3. Assessments against property owned by the state 31 and not under the jurisdiction and control of the 32 department’s administrator of highways shall be made in 33 the same manner as those made against private property 34 and payment shall be made subject to authorization by 35 the executive council from any funds of the state not 36 otherwise appropriated . There is appropriated from 37 moneys in the general fund not otherwise appropriated 38 an amount necessary to pay the expense authorized by 39 the executive council. 40 Sec. 36. Section 384.56, subsection 1, Code 2011, 41 is amended to read as follows: 42 1. Cities may assess the cost of a public 43 improvement which extends through, abuts upon, or is 44 adjacent to lands owned by the state, and the executive 45 council shall pay payment for the assessable portion 46 of the cost of the improvement through or along the 47 lands as provided shall be subject to authorization by 48 the executive council . The executive council shall 49 pay assessments as and payable in the manner provided 50 -13- S3372.3418.S (1) 84 jh 13/ 72

in section 307.45 for property owned by the state and 1 not under the jurisdiction and control of the state 2 department of transportation . 3 Sec. 37. Section 459.501, subsection 5, as amended 4 by 2011 Iowa Acts, Senate File 478, section 1, as 5 enacted, is amended to read as follows: 6 5. The following shall apply to moneys in the fund: 7 a. (1) The executive council may allocate moneys 8 from the general fund of the state as authorize payment 9 of moneys as an expense paid from the appropriations 10 addressed in section 7D.29 and in the manner provided 11 in section 7D.10A in an amount necessary to support the 12 fund, including the following: 13 (a) The payment of claims as provided in section 14 459.505 . 15 (b) The allocation of moneys to the department 16 of agriculture and land stewardship for the payment 17 of expenses incurred by the department of agriculture 18 and land stewardship associated with providing for the 19 sustenance and disposition of livestock pursuant to 20 chapter 717 . 21 (2) Notwithstanding subparagraph (1), the 22 allocation of moneys from the general fund of the state 23 executive council’s authorization for payment shall be 24 made provided only if the amount of moneys in the fund, 25 which are not obligated or encumbered, and not counting 26 the department’s estimate of the cost to the fund for 27 pending or unsettled claims, the amount to be allocated 28 to the department of agriculture and land stewardship, 29 and any amount required to be credited to the general 30 fund of the state under this subsection , is less than 31 one million dollars. 32 b. The department of natural resources shall 33 credit an amount to the general fund of the state 34 from which the expense authorized by the executive 35 council as provided in paragraph “a” was appropriated 36 which is equal to an amount allocated to support the 37 livestock remediation fund by the executive council 38 under paragraph “a” . The However, the department shall 39 only be required to credit the moneys to the general 40 such fund of the state if the moneys in the livestock 41 remediation fund which are not obligated or encumbered, 42 and not counting the department’s estimate of the 43 cost to the livestock remediation fund for pending or 44 unsettled claims, the amount to be allocated to the 45 department of agriculture and land stewardship, and 46 any amount required to be transferred to the general 47 fund under from which appropriated as described in this 48 paragraph, are in excess of two million five hundred 49 thousand dollars. The department is not required to 50 -14- S3372.3418.S (1) 84 jh 14/ 72