H-8249

   Amend House File 2463 as follows:
   1.  By striking page 41, line 25, through page 43, line 23, and inserting: 
   <Sec. ___.  2013 Iowa Acts, chapter 138, section 147, is amended to read as follows:
   SEC. 147.  JUVENILE INSTITUTIONS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For operation of the Iowa juvenile home state training school for female juvenile delinquents at Toledo as enacted by this 2014 Iowa Act, to operate with a capacity of 20 placement beds and five evaluation beds and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:

.................................................. $  4,429,678
______________________________________________________8,898,000
............................................... FTEs     114.00
__________________________________________________________54.00

   a.  Of the funds appropriated in this subsection, up to $2,700,000 may be used by the department for the placement costs of females and males adjudicated as a child in need of assistance that under prior law would have been placed at the Iowa juvenile home.
   b.  Of the funds appropriated in this subsection, $1,218,000 shall be used for the costs of compensatory education to address the reviews of special education of certain children placed at the Iowa juvenile home conducted by the department of education in fall 2013 and reported to the department of human services on October 7 and December 20, 2013.
   2.  For operation of the state training school at Eldora and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:

.................................................. $  5,628,485
_____________________________________________________11,500,098
............................................... FTEs     164.30

   Of the funds appropriated in this subsection, $45,575 $91,150 shall be used for distribution to licensed classroom teachers at this and other institutions under the control of the department of human services based upon the average student yearly enrollment at each institution as determined by the department.

   3.  A portion of the moneys appropriated in this section shall be used by the state training school and by the Iowa juvenile home schools for grants for adolescent pregnancy prevention activities at the institutions in the fiscal year beginning July 1, 2014.>
   2.  Page 87, after line 11 by inserting: 

<DIVISION ___
STATE TRAINING SCHOOLS —— EDUCATION
   Sec. ___.  LEGISLATIVE FINDINGS.  The general assembly finds there is a need to improve the system to meet the needs of children who have committed a delinquent act, have been abused, neglected, or subjected to trauma, or have other significant needs that put the safety of the children or the public at risk. The areas for system improvement include but are not limited to all of the following:
   1.  Providing equity in the services available for both the male and female children involved in the system.
   2.  Providing appropriate safeguards to ensure children in placements are safe and getting their needs met.
   3.  Ensuring that education and training services meet state and federal requirements and prepare the children for long-term success.
   4.  Engaging children in services after an out-of-home placement to prevent the need for placement from reoccurring.
   5.  Providing an effective system to support children when they attain adulthood in order to prevent their engagement with the adult criminal justice system.
   Sec. ___.  IMPLEMENTATION.
   1.  As the level of service for juvenile delinquent females provided for in this Act does not currently exist in the state and represents a gap in the continuum of care for juvenile females, reopening, and making necessary changes in the facilities of the Iowa juvenile home of Toledo provides the best means of expeditiously fulfilling the duties outlined in section 233B.1, as enacted by this Act.
   2.  In reopening the facility at Toledo as the state training school for juvenile delinquent females in accordance with this division of this Act, the department of human services shall phase in the following provisions as follows:
   a.  The department of human services shall begin implementation of the requirements for the two state training schools to be accredited as secure juvenile correctional facilities and to comply with other regulatory requirements in accordance with section 233A.1, subsection 7, and section 233B.1, subsection 7, upon enactment of this Act and shall complete the correctional association accreditation by June 30, 2017. The department shall propose a schedule to the governor and general assembly on or before December 15, 2014, for compliance with the other regulatory requirements.
   b.  Education services in accordance with section 282.33, as amended by this division of this Act, shall be developed by the close of the fiscal year beginning July 1, 2014, in conjunction with the department of education, affected area education agencies, affected school districts, and other stakeholders.
   Sec. ___.  Section 232.2, subsection 22, paragraph b, subparagraph (3), Code 2014, is amended to read as follows:
   (3)  Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including each time placement is changed.  A child in a placement other than with the child’s parent shall be visited at the placement at least quarterly.
   Sec. ___.  Section 232.2, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  54A.  “State training school” means the state training school for female juvenile delinquents at Toledo maintained in accordance with chapter 233B or the state training school for male juvenile delinquents at Eldora maintained in accordance with chapter 233A.
   Sec. ___.  Section 232.49, subsection 2, Code 2014, is amended to read as follows:
   2.  When possible an examination shall be conducted on an outpatient basis, but the court may, if it deems necessary, commit the child to a state training school or to a suitable hospital, facility, or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply.
   Sec. ___.  Section 232.49, subsection 3, paragraph b, Code 2014, is amended to read as follows:
   b.  An examination shall be conducted on an outpatient basis unless the court, the child’s counsel, and the parent, guardian, or custodian agree that it is necessary the child be committed to a state training school or to a suitable hospital, facility, or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply.
   Sec. ___.  Section 232.52, subsection 7, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.  When the court orders the transfer of legal custody of a child pursuant to subsection 2, paragraph “d”, “e”, or “f”, the child’s attorney shall visit the child at the child’s placement at least quarterly.
   Sec. ___.  Section 232.102, subsections 3 and 4, Code 2014, are amended by striking the subsections.
   Sec. ___.  Section 232.103, subsection 7, Code 2014, is amended by striking the subsection.
   Sec. ___.  Section 233A.1, Code 2014, is amended to read as follows:
   233A.1  State training school —— Eldora and Toledo.
   1.  For the purposes of this chapter, unless the context otherwise requires:
   a.  “Department” means the department of human services.
   b.  “Director” means the director of human services.
   c.  “State training school” means the state training school for male juvenile delinquents at Eldora.
   d.  “Superintendent” means the superintendent of the state training school for male juvenile delinquents.
   1.  2.  Effective January 1, 1992, a A diagnosis and evaluation center and other units are established at Eldora and shall be operated, maintained, and staffed by the department to provide to male juvenile delinquents a program which focuses upon appropriate developmental skills, treatment, placements, and rehabilitation.
   2.  The diagnosis and evaluation center which is used to identify appropriate treatment and placement alternatives for juveniles and any other units for juvenile delinquents which are located at Eldora and the unit for juvenile delinquents at Toledo shall together be known as the “state training school”. For the purposes of this chapter “director” means the director of human services and “superintendent” means the administrator in charge of the diagnosis and evaluation center for juvenile delinquents and other units at Eldora and the unit for juvenile delinquents at Toledo.
   3.  The number of children present at any one time at the state training school at Eldora shall not exceed the population guidelines established under 1990 Iowa Acts, chapter 1239, section 21, as adjusted for subsequent changes in the capacity at the training school.
   4.  Each child placed at the state training school and any other child receiving an examination at the state training school by order of the court shall receive a written plan for services. The plan for services provided by the state training school to a child shall identify any physical, emotional, intellectual, behavioral, or mental health disorder or condition affecting the child and recommend treatment to address the disorder or condition, identify any substance-related disorder of the child or the child’s family and recommend treatment to address the disorder, and assess the child’s educational status and recommend action to address any identified educational deficiency, and for follow-up services, identify specific public and private service providers with the capacity to meet the child’s needs. A copy of the plan for services and any subsequent amendment to the plan shall be submitted to the child, the child’s attorney, and the juvenile court.
   5.  The state training school shall facilitate the provision of follow-up services to children, who received placement services at the state training school and who remain under the jurisdiction of the juvenile court, as necessary to meet the long-term needs of the children as they age into adulthood. The plan for follow-up services shall be developed with the child in conjunction with juvenile court services and the child’s attorney. The provision of follow-up services for children who remain under the jurisdiction of the juvenile court is subject to approval by the juvenile court. Follow-up services shall be provided to support children who are discharged from the state training school during the period beginning twelve months prior to the children becoming age eighteen and ending on the day prior to the children becoming age eighteen who do not remain under the jurisdiction of the juvenile court. In addition, follow-up services shall be made available to children discharged from the school at any age upon or after the children become age eighteen and continuing until at least age twenty-one.
   6.  For any child placed at the state training school, the school shall provide a written plan regarding the placement status of the child on or about the time the child becomes age eighteen. The plan shall, while giving consideration to the treatment needs of the child, also give consideration to the long-term needs of the child upon becoming age eighteen including needs for vocational training or higher education. Given these considerations, the plan shall identify placement options to meet the child’s needs that will not negatively affect the child’s adult eligibility for assistance provided with federal financial participation. The assistance addressed shall include but is not limited to the preparation for adult living program under section 234.46, the medical assistance program, the Iowa aftercare services network, the federal educational and training vouchers program for youths aging out of foster care, and the federal job corps program.
   7.  The department shall cause the state training school to be accredited as a secure juvenile correctional facility by the American correctional association, to meet the standards adopted by the department for approval of a juvenile detention home, and to meet applicable standards for programs providing residential services for children paid for by a managed care or prepaid services contract under the medical assistance program. The standards applied in addition to the American correctional association accreditation requirements shall include but are not limited to the minimum qualifications of staff. The standards and sanctions for noncompliance shall be identified in conjunction with the department of inspections and appeals and experts who are not employed by or under contract with the department. A regular assessment of compliance with the standards shall be performed by the department of inspections and appeals and that department shall submit a report on each assessment to the governor and general assembly.
   8.  The director and the superintendent for the state training school shall provide on an ongoing basis for the school’s programs, facilities, and services, and for the training of staff in order to apply evidence-based practices and other recognized contemporary approaches to ensure that the care for the children served by the school is of high quality. The director’s and superintendent’s efforts and recommendations to comply with this requirement shall be documented in the annual budget and financial reporting submitted to the governor and the general assembly.
   Sec. ___.  Section 233A.4, Code 2014, is amended to read as follows:
   233A.4  Education and training.

   The state training school shall provide a positive living experience for older juveniles who require secure custody and who live at the state training school for an extended period of time. The education and training programs provided to the juveniles shall reflect the age level and extended period of stay by focusing upon appropriate developmental skills to prepare the juveniles for productive living.  The education services provided to the children placed at the state training school shall be provided in accordance with section 282.33.
   Sec. ___.  Section 233B.1, Code 2014, is amended to read as follows:
   233B.1  Definitions —— purpose —— services —— population limit.
   1.  For the purpose of this chapter, unless the context otherwise requires:
   a.  “Department” means the department of human services.
   a.  b.  “Administrator” or “director” “Director” means the director of the department of human services.
   b.  c.  “Home” “State training school” means the Iowa juvenile home state training school for female juvenile delinquents at Toledo maintained in accordance with this chapter.
   c.  d.  “Superintendent” means the superintendent of the Iowa juvenile home state training school for female juvenile delinquents.
   2.  The Iowa juvenile home state training school for female juvenile delinquents shall be operated, maintained for the purpose of providing care, custody, and education of the children committed to the home. The children shall be wards of the state. The children’s education shall embrace instruction in the common school branches and in such other higher branches as may be practical and will enable the children to gain useful and self-sustaining employment. The administrator and the superintendent of the home shall assist all discharged children in securing suitable homes and proper employment., and staffed by the department of human services to do all of the following for female residents of this state:
   3.  The number of children present at any one time at the Iowa juvenile home shall not exceed the population guidelines established under 1990 Iowa Acts, chapter 1239, section 21, as adjusted for subsequent changes in the capacity at the home.
   a.  Provide gender-responsive services to female children less than age eighteen who have been adjudicated under chapter 232 as delinquent and placed at the state training school in accordance with a court order.
   b.  If provided for by the children’s education plans, allow for continued placement at the state training school for female children who were placed at the state training school under paragraph “a” upon the children becoming adults. The purpose of continued placement is for completion of high school education requirements identified in the education plans developed by the provider of educational services for the children.
   c.  Facilitate the provision of follow-up services to children who received placement services at the state training school and who remain under the jurisdiction of the juvenile court, as necessary to meet the long-term needs of the children as they age into adulthood. The plan for follow-up services shall be developed with the child in conjunction with juvenile court services and the child’s attorney. The provision of follow-up services for children who remain under the jurisdiction of the juvenile court is subject to approval by the juvenile court. Follow-up services shall be provided to support children who are discharged from the state training school during the period beginning twelve months prior to the children becoming age eighteen and ending on the day prior to the children becoming age eighteen who do not remain under the jurisdiction of the juvenile court. In addition, follow-up services shall be made available to children discharged from the state training school at any age upon or after the children become age eighteen and continuing until at least age twenty-one.
   3.  Each child placed at the state training school and any other child receiving an examination at the state training school by order of the court shall receive a written plan for services. The plan for services provided by the state training school to a child shall identify any physical, emotional, intellectual, behavioral, or mental health disorder or condition affecting the child and recommend treatment to address the disorder or condition, identify any substance-related disorder of the child or the child’s family and recommend treatment to address the disorder, and assess the child’s educational status and recommend action to address any identified educational deficiency, and for follow-up services, identify specific public and private service providers with the capacity to meet the child’s needs. A copy of the plan for services and any subsequent amendment to the plan shall be submitted to the child, the child’s attorney, and the juvenile court.
   4.  For any child placed at the state training school, the state training school shall provide a written plan regarding the placement status of the child on or about the time the child becomes age eighteen. The plan shall, while giving consideration to the treatment needs of the child, also give consideration to the long-term needs of the child upon becoming age eighteen, including needs for vocational training or higher education. Given these considerations, the plan shall identify placement options to meet the child’s needs that will not negatively affect the child’s eligibility as an adult for assistance provided through federal financial participation. The assistance addressed shall include but is not limited to the preparation for adult living program under section 234.46, the medical assistance program, the Iowa aftercare services network, the federal educational and training vouchers program for youths aging out of foster care, and the federal job corps program.
   5.  The department of human services and the representatives of juvenile court services shall annually recommend a desired capacity for the state training school in the succeeding fiscal year to the governor and general assembly no later than December 15. The capacity of the state training school for a fiscal year shall be specified in the appropriations for the school.
   6.  The education services provided to the children placed at the state training school shall be provided in accordance with section 282.33.
   7.  The department shall cause the state training school to be accredited as a secure juvenile correctional facility by the American correctional association, to meet the standards adopted by the department for approval of a juvenile detention home, and to meet applicable standards for programs providing residential services for children paid for by a managed care or prepaid services contract under the medical assistance program. The standards applied in addition to the American correctional association accreditation requirements shall include but are not limited to the minimum qualifications of staff and provision of gender-responsive services. The standards and sanctions for noncompliance shall be identified in conjunction with the department of inspections and appeals and experts who are not employed by or under contract with the department. A regular assessment of compliance with the standards shall be performed by the department of inspections and appeals and that department shall submit a report on each assessment to the governor and general assembly.
   8.  The director and the superintendent for the state training school shall provide on an ongoing basis for the state training school’s programs, facilities, and services, and for the training of staff in order to apply evidence-based practices and other recognized contemporary approaches to ensure that the care for the children served by the state training school is of high quality. The director’s and superintendent’s efforts and recommendations to comply with this requirement shall be documented in the annual budget and financial reporting submitted to the governor and the general assembly.
   Sec. ___.  Section 233B.2, Code 2014, is amended to read as follows:
   233B.2  Salary.

   The salary of the superintendent of the home state training school shall be determined by the administrator director in accordance with the state requirements for similar positions.
   Sec. ___.  Section 233B.3, Code 2014, is amended to read as follows:
   233B.3  Admissions Commitments and placements.

   Admission to the home shall be granted to resident children of the state under seventeen years of age, as follows, giving preference in the order named:

   1.  Neglected or dependent children committed by the juvenile court Commitments to and placements at the state training school shall be limited to the commitments and placements specified in section 233B.1.
   2.  Other destitute children.
   Sec. ___.  Section 233B.4, Code 2014, is amended to read as follows:
   233B.4  Procedure.

   The procedure for commitment to and placement at the home is state training school shall be as provided by chapter 232 and section 233B.3.
   Sec. ___.  Section 233B.5, Code 2014, is amended to read as follows:
   233B.5  Transfers.

   The administrator director may propose the transfer to the home state training school of minor wards of the state from any institution under the administrator’s director’s charge or under the charge of any other administrator of the department of human services; but no person shall be so transferred who is a person with mental illness or an intellectual disability, or who is incorrigible, or has any vicious habits, or whose presence in the home would be inimical to the moral or physical welfare of the other children within the home, and any such child in the home may be transferred to the proper state institution.  However, the superintendent shall only approve the transfer of minor wards who meet the disposition criteria specified in section 232.52, subsection 2, paragraph “e”.
   Sec. ___.  Section 233B.6, Code 2014, is amended to read as follows:
   233B.6  Profits and earnings.

   Any money earned by or accrued to the benefit of a child who is transferred to, admitted to, or placed in foster care from the home state training school shall be used, held, or otherwise applied for the exclusive benefit of that child, in accordance with section 234.37.
   Sec. ___.  Section 233B.7, Code 2014, is amended to read as follows:
   233B.7  Rules.

   All children admitted or committed to the home shall be wards of the state and subject to the rules of the home. Subject to the approval of the administrator, any child received under voluntary application may be expelled by the superintendent for disobedience and refusal to submit to proper discipline. Children shall be discharged upon arriving at the age of eighteen years, or sooner if possessed of sufficient means to provide for themselves.  The department shall adopt rules to administer and operate the state training school in the best interests of the children placed at the state training school.
   Sec. ___.  Section 234.6, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Provide upon request assessment and consultation services to public and private providers of child welfare services to address the needs of children who have challenging behaviors.
   Sec. ___.  Section 234.46, subsection 1, paragraph c, Code 2014, is amended to read as follows:
   c.  At the time the person became age eighteen, the person received foster care services that were paid for by the state under section 234.35, services at a state training school, services at a juvenile shelter care home, or services at a juvenile detention home and the person is no longer receiving such services.
   Sec. ___.  Section 234.46, subsection 2, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   The division shall establish a preparation for adult living program directed to young adults. The purpose of the program is to assist persons who are leaving foster care and other court-ordered services at age eighteen or older in making the transition to self-sufficiency. The department shall adopt rules necessary for administration of the program, including but not limited to eligibility criteria for young adult participation and the services and other support available under the program.  The rules shall provide for participation of each person who meets the definition of young adult on the same basis, regardless of whether federal financial participation is provided. The services and other support available under the program may include but are not limited to any of the following:
   Sec. ___.  Section 282.33, Code 2014, is amended by striking the section and inserting in lieu thereof the following:
   282.33  Funding for children residing in state mental health institutes or training schools.
   1.  An area education agency shall provide or make provision for an appropriate educational program for each child who lives in one of the following institutions for children under the jurisdiction of the director of human services:
   a.  Mental health institute, Cherokee, Iowa.
   b.  Mental health institute, Independence, Iowa.
   c.  State training school for male juvenile delinquents, Eldora, Iowa, under chapter 233A.
   d.  State training school for female juvenile delinquents, Toledo, Iowa, under chapter 233B.
   2.  The area education agency shall provide the educational program by any one of but not limited to the following:
   a.  Providing for the enrollment of the child in the district of residence of the child, subject to the approval of the district in which the child is living.
   b.  Cooperating with the district of residence of the child and obtaining the course of study and textbooks of the child for use in the special facility into which the child has been placed.
   c.  Providing for the enrollment of the child in the district in which the child is living, subject to the approval of the district in which the child is living.
   3.  The area education agency shall submit a proposed program and budget to the department of education by January 1 for the next succeeding school year for each institution. The department of education shall review and approve or modify the program and proposed budget and shall notify the department of administrative services and the area education agency of its action by February 1. The department of administrative services shall pay the approved budget amount for an area education agency in monthly installments beginning September 15 and ending June 15 of the next succeeding school year. The installments shall be as nearly equal as possible as determined by the department of management, taking into consideration the relative budget and cash position of the state’s resources. The department of administrative services shall transfer the approved budget amount for an area education agency from the moneys appropriated under section 257.16 and make the payment to the area education agency. The area education agency shall submit an accounting for the actual cost of the program to the department of education by August 1 of the following school year. The department shall review and approve or modify all expenditures incurred in compliance with the guidelines pursuant to section 256.7, subsection 10, and shall notify the department of administrative services of the approved accounting amount. The approved accounting amount shall be compared with any amounts paid by the department of administrative services to the area education agency and any differences added to or subtracted from the October payment made under this subsection for the next school year. Any amount paid by the department of administrative services shall be deducted monthly from the state foundation aid paid under section 257.16 to all school districts in the state during the subsequent fiscal year. The portion of the total amount of the approved budget that shall be deducted from the state aid of a school district shall be the same as the ratio that the budget enrollment for the budget year of the school district bears to the total budget enrollment in the state for that budget year in which the deduction is made.
   4.  For purposes of this section, “district of residence” means the school district in which the parent or legal guardian of the child resides or the district in which the district court is located if the district court is the guardian of the child.
   5.  Programs may be provided throughout the calendar year and shall be funded under this section if the school district or area education agency determines a valid educational reason to do so.
   Sec. ___.  REPEAL.  Sections 233B.10, 233B.11, 233B.12, 233B.13, and 233B.14, Code 2014, are repealed.
   Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION ___
STATE TRAINING SCHOOLS —— CONFORMING AMENDMENTS
   Sec. ___.  Section 137F.1, subsection 7, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   “Food establishment” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption and includes a food service operation in a salvage or distressed food operation, school, summer camp, residential service substance abuse treatment facility, halfway house substance abuse treatment facility, correctional facility operated by the department of corrections, the or state training school, or the Iowa juvenile home. “Food establishment” does not include the following:
   Sec. ___.  Section 218.1, subsections 7 and 8, Code 2014, are amended to read as follows:
   7.  State training school for male juvenile delinquents, Eldora, Iowa, under chapter 233A.
   8.  Iowa juvenile home State training school for female juvenile delinquents, Toledo, Iowa, under chapter 233B.
   Sec. ___.  Section 218.6, subsection 3, Code 2014, is amended to read as follows:
   3.  The state juvenile institutions consisting of the state training school for male juvenile delinquents at Eldora and the Iowa juvenile home state training school for female juvenile delinquents at Toledo.
   Sec. ___.  Section 259A.6, Code 2014, is amended to read as follows:
   259A.6  Residents of juvenile institutions and juvenile probationers.

   Notwithstanding the provisions of section 259A.2 a minor who is a resident of a state training school or the Iowa juvenile home or a minor who is placed under the supervision of a juvenile probation office may make application for a high school equivalency diploma and upon successful completion of the program receive a high school equivalency diploma.
   Sec. ___.  Section 261.6, subsection 2, paragraph b, Code 2014, is amended to read as follows:
   b.  Is age seventeen and has been placed in the a state training school or the Iowa juvenile home pursuant to a court order entered under chapter 232 under the care and custody of the department of human services.
   Sec. ___.  Section 261.6, subsection 2, paragraph c, subparagraph (4), Code 2014, is amended to read as follows:
   (4)  On the date the person reached age eighteen or during the thirty calendar days preceding or succeeding that date, the person was placed in the a state training school or the Iowa juvenile home pursuant to a court order entered under chapter 232 under the care and custody of the department of human services.
   Sec. ___.  Section 331.424, subsection 1, paragraph a, subparagraph (1), subparagraph division (b), Code 2014, is amended by striking the subparagraph division.
   Sec. ___.  Section 331.756, subsection 51, Code 2014, is amended by striking the subsection.
   Sec. ___.  Section 331.802, subsection 3, paragraph k, Code 2014, is amended to read as follows:
   k.  Death of a person committed or admitted to, committed to, or placed at a state mental health institute, a state resource center, the or a state training school, or the Iowa juvenile home.
   Sec. ___.  Section 357H.1, subsection 1, Code 2014, is amended to read as follows:
   1.  The board of supervisors of a county with less than twenty thousand residents, not counting persons admitted or to, committed to, or placed at an institution enumerated in section 218.1 or 904.102, based upon the 2000 certified federal census, and with a private lake development shall designate an area surrounding the lake, if it is an unincorporated area of the county, a rural improvement zone upon receipt of a petition pursuant to section 357H.2, and upon the board’s determination that the area is in need of improvements.
   Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.>
   3.  By renumbering as necessary.

______________________________
M. SMITH of Marshall

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ABDUL-SAMAD of Polk

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ANDERSON of Polk

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BERRY of Black Hawk

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COHOON of Des Moines

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DAWSON of Woodbury

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DUNKEL of Dubuque

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FORBES of Polk

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GAINES of Polk

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GASKILL of Wapello

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HANSON of Jefferson

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HEDDENS of Story

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HUNTER of Polk

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ISENHART of Dubuque

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JACOBY of Johnson

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KAJTAZOVIC of Black Hawk

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KEARNS of Lee

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KRESSIG of Black Hawk

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LENSING of Johnson

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LUNDBY of Linn

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 H. MILLER of Webster

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 MUHLBAUER of Crawford

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 MURPHY of Dubuque

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 OLDSON of Polk

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 OURTH of Warren

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 PRICHARD of Floyd

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 RUFF of Clayton

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 STAED of Linn

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 STECKMAN of Cerro Gordo

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 STUTSMAN of Johnson

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 T. TAYLOR of Linn

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 THEDE of Scott

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 WESSEL-KROESCHELL of Story

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 WINCKLER of Scott

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 WOOD of Scott