Senate Amendment to House File 2643 H-8317 Amend House File 2643, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 CONTINUING APPROPRIATIONS 6 Section 1. CONTINUING APPROPRIATIONS —— FY 2020-2021. 7 1. APPROPRIATIONS DETERMINED FROM FY 2019-2020 LINE ITEM 8 AND LIMITED STANDING APPROPRIATIONS. 9 a. For all line item appropriations, standing limited 10 appropriations, and standing unlimited appropriations otherwise 11 limited by law, including appropriations from federal and 12 nonstate funds, the department of management, in consultation 13 with the legislative services agency, shall determine the 14 amount of such line item appropriations, standing limited 15 appropriations, and standing unlimited appropriations otherwise 16 limited by law, including appropriations from federal and 17 nonstate funds, made for the fiscal year beginning July 1, 18 2019, and ending June 30, 2020, by taking into consideration 19 all of the following: 20 (1) 2020 Iowa Acts, Senate Files 2144 and 2408, and other 21 2020 Iowa Acts. 22 (2) 2019 Iowa Acts. 23 (3) All interdepartmental and intradepartmental transfers 24 made pursuant to section 8.39 and other provisions of law. 25 (4) Other provisions of law. 26 b. The department of management, in consultation with the 27 legislative services agency, shall also identify the entities 28 to which such appropriations were made, or the entities’ 29 successors. 30 2. CONTINUING APPROPRIATIONS. There is appropriated 31 from the appropriate state fund or account to the entities 32 identified pursuant to subsection 1, for the fiscal year 33 beginning July 1, 2020, and ending June 30, 2021, amounts, or 34 so much thereof as is necessary, equal to the amounts of all 35 -1- HF2643.4514.S (1) 88 mb 1/ 56 #1.
line item appropriations, standing limited appropriations, and 1 standing unlimited appropriations otherwise limited by law, 2 including federal and nonstate funds, made for the fiscal year 3 beginning July 1, 2019, and ending June 30, 2020, as determined 4 pursuant to subsection 1, to be used for the same designated 5 purposes. 6 3. DUPLICATIVE STANDING APPROPRIATIONS SUPPLANTED. The 7 amounts appropriated under subsection 2 shall supplant 8 any duplicative standing appropriation for the fiscal year 9 beginning July 1, 2020, and ending June 30, 2021. 10 4. MISCELLANEOUS PROVISIONS APPLICABLE TO FY 2020–2021. 11 Any powers, duties, limitations, or requirements, including 12 reporting requirements, set forth in 2019 Iowa Acts, chapters 13 85, 89, 131, 135, 136, 154, 155, and 163, for the fiscal 14 year beginning July 1, 2019, and ending June 30, 2020, are 15 applicable for the fiscal year beginning July 1, 2020, and 16 ending June 30, 2021, and any specified date contained therein 17 shall apply one year later than specified in such chapters. 18 5. ALLOCATION AMOUNTS. For any line item appropriation, 19 standing limited appropriation, or standing unlimited 20 appropriation otherwise limited by law identified pursuant 21 to subsection 1 which is subject to an allocation amount for 22 the fiscal year beginning July 1, 2019, and ending June 30, 23 2020, the amount appropriated under subsection 2 based on such 24 appropriation shall be subject to the same allocation amount 25 for the fiscal year beginning July 1, 2020, and ending June 30, 26 2021. 27 6. NONREVERSION PROVISIONS. For any line item 28 appropriation, standing limited appropriation, or standing 29 unlimited appropriation otherwise limited by law identified 30 pursuant to subsection 1 that is subject to a specified 31 nonreversion provision, whether for a limited or unlimited 32 period, the amount appropriated under subsection 2 based on 33 such appropriation shall be subject to the same specified 34 nonreversion provision, and in the case of a specified 35 -2- HF2643.4514.S (1) 88 mb 2/ 56
nonreversion provision for a limited period, the period shall 1 be considered to be one fiscal year longer than specified for 2 the appropriation identified pursuant to subsection 1. 3 7. FULL-TIME EQUIVALENT POSITIONS. The amounts 4 appropriated under subsection 2 to an entity identified 5 pursuant to subsection 1 may be used by the entity for a number 6 of full-time equivalent positions for the fiscal year beginning 7 July 1, 2020, and ending June 20, 2021, equal to the number of 8 full-time equivalent positions authorized for the entity for 9 the fiscal year beginning July 1, 2019, and ending June 30, 10 2020. 11 8. EXCLUSIONS. This section does not apply to any of the 12 following: 13 a. Appropriations made from the rebuild Iowa infrastructure 14 fund and the technology reinvestment fund pursuant to 2019 Iowa 15 Acts, chapter 137 . 16 b. Appropriations made to the department of transportation 17 from the road use tax fund and the primary road fund pursuant 18 to 2019 Iowa Acts, chapter 52 . 19 c. The appropriation made to the department of 20 administrative services from the general fund of the state for 21 establishing a listing of real property owned or leased by 22 the state pursuant to 2019 Iowa Acts, chapter 136, section 1, 23 subsection 1, paragraph “d” . 24 d. The appropriation made to the department of cultural 25 affairs from the general fund of the state for payment of 26 rent for the state records center pursuant to 2019 Iowa Acts, 27 chapter 154, section 1, subsection 1, paragraph “g” . 28 e. The appropriation made to the Iowa law enforcement 29 academy from the general fund of the state for costs associated 30 with temporary relocation of the Iowa law enforcement academy 31 pursuant to 2019 Iowa Acts, chapter 163, section 10, subsection 32 1, paragraph “a”, subparagraph (2), as amended in this Act . 33 f. The appropriation made to the department of homeland 34 security and emergency management from the general fund of the 35 -3- HF2643.4514.S (1) 88 mb 3/ 56
state for flood recovery pursuant to 2020 Iowa Acts, Senate 1 File 2144, section 3 . 2 g. The appropriation made to the department of management 3 for distribution of moneys to other governmental entities for 4 the payment of rate adjustments established by the office of 5 the chief information officer pursuant to 2019 Iowa Acts, 6 chapter 136, section 16, subsection 2. 7 h. The appropriation made to the department of revenue from 8 the general fund of the state for technology upgrades pursuant 9 to 2019 Iowa Acts, chapter 136, section 19, subsection 1, 10 paragraph “b”. 11 i. Any line item appropriation, standing limited 12 appropriation, or standing unlimited appropriation otherwise 13 limited by law that is otherwise provided for in this Act. 14 Sec. 2. REPEAL. 2020 Iowa Acts, Senate File 2408, sections 15 7 and 8, are repealed. 16 DIVISION II 17 GENERAL ASSEMBLY 18 Sec. 3. GENERAL ASSEMBLY. 19 1. The appropriations made pursuant to section 2.12 for the 20 expenses of the general assembly and legislative agencies for 21 the fiscal year beginning July 1, 2020, and ending June 30, 22 2021, are reduced by the following amount: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 24 2. The budgeted amounts for the general assembly and 25 legislative agencies for the fiscal year beginning July 1, 26 2020, may be adjusted to reflect the unexpended budgeted 27 amounts from the previous fiscal year. 28 DIVISION III 29 ADMINISTRATION AND REGULATION APPROPRIATIONS —— FY 2020-2021 30 Sec. 4. DEPARTMENT OF ADMINISTRATIVE SERVICES. There 31 is appropriated from the general fund of the state to the 32 department of administrative services for the fiscal year 33 beginning July 1, 2020, and ending June 30, 2021, the following 34 amount, or so much thereof as is necessary, to be used for the 35 -4- HF2643.4514.S (1) 88 mb 4/ 56
purposes designated: 1 For the payment of utility costs, and for not more than the 2 following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,882,948 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 5 Notwithstanding section 8.33 , any excess moneys appropriated 6 for utility costs in this section shall not revert to the 7 general fund of the state at the end of the fiscal year but 8 shall remain available for expenditure for the purposes 9 designated during the succeeding fiscal year. 10 Sec. 5. SECRETARY OF STATE —— ADMINISTRATION AND 11 ELECTIONS. There is appropriated from the general fund of the 12 state to the office of the secretary of state for the fiscal 13 year beginning July 1, 2020, and ending June 30, 2021, the 14 following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,874,870 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 21 The state department or agency that provides data processing 22 services to support voter registration file maintenance and 23 storage shall provide those services without charge. 24 DIVISION IV 25 EDUCATION APPROPRIATIONS —— FY 2020-2021 26 Sec. 6. STATE BOARD OF REGENTS. There is appropriated from 27 the general fund of the state to the state board of regents 28 for the fiscal year beginning July 1, 2020, and ending June 29 30, 2021, the following amounts, or so much thereof as is 30 necessary, to be used for the purposes designated: 31 1. STATE SCHOOL FOR THE DEAF 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -5- HF2643.4514.S (1) 88 mb 5/ 56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,536,171 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 101.84 2 2. IOWA BRAILLE AND SIGHT SAVING SCHOOL 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,434,459 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.00 8 Sec. 7. BOARD OF REGENTS —— REDUCTION. The appropriations 9 made to the state board of regents for the fiscal year 10 beginning July 1, 2020, and ending June 30, 2021, pursuant to 11 section 1 of this Act, shall be collectively reduced by the 12 following amount: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,000 14 The reduction set forth in this section shall be distributed 15 among the appropriations made to the state board of regents for 16 the fiscal year beginning July 1, 2020, and ending June 30, 17 2021, pursuant to section 1 of this Act as determined by the 18 state board of regents. 19 Sec. 8. Section 261.20, subsection 2, Code 2020, is amended 20 to read as follows: 21 2. The maximum balance of the scholarship and tuition 22 grant reserve fund is an amount equal to one two percent of 23 the funds appropriated to the scholarship and tuition grant 24 programs under section 261.25 during the preceding fiscal year. 25 The moneys in the fund shall be placed in separate accounts 26 within the fund, according to the source and purpose of the 27 original appropriation. Moneys in the various accounts shall 28 only be used to alleviate a current fiscal year shortfall in 29 appropriations for scholarship or tuition grant programs that 30 have the same nature as the programs for which the moneys 31 were originally appropriated. At the conclusion of a fiscal 32 year, any surplus appropriations made to the commission for 33 scholarship or tuition grant programs are appropriated to the 34 scholarship and grant reserve fund in an amount equal to the 35 -6- HF2643.4514.S (1) 88 mb 6/ 56
amount of the surplus or the amount necessary to achieve the 1 maximum balance, whichever amount is less. 2 DIVISION V 3 JUDICIAL APPROPRIATIONS —— FY 2020-2021 4 Sec. 9. JUDICIAL BRANCH. 5 1. There is appropriated from the general fund of the state 6 to the judicial branch for the fiscal year beginning July 1, 7 2020, and ending June 30, 2021, the following amounts, or so 8 much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For salaries of supreme court justices, appellate court 11 judges, district court judges, district associate judges, 12 associate juvenile judges, associate probate judges, judicial 13 magistrates and staff, state court administrator, clerk of 14 the supreme court, district court administrators, clerks of 15 the district court, juvenile court officers, board of law 16 examiners, board of examiners of shorthand reporters, and 17 commission on judicial qualifications; receipt and disbursement 18 of child support payments; reimbursement of the auditor 19 of state for expenses incurred in completing audits of the 20 offices of the clerks of the district court during the fiscal 21 year beginning July 1, 2020; and maintenance, equipment, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $181,023,737 24 b. For deposit in the revolving fund created pursuant to 25 section 602.1302, subsection 3, for jury and witness fees, 26 mileage, costs related to summoning jurors, costs and fees for 27 interpreters and translators, and reimbursement of attorney 28 fees paid by the state public defender: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 30 2. The judicial branch, except for purposes of internal 31 processing, shall use the current state budget system, the 32 state payroll system, and the Iowa finance and accounting 33 system in administration of programs and payments for services, 34 and shall not duplicate the state payroll, accounting, and 35 -7- HF2643.4514.S (1) 88 mb 7/ 56
budgeting systems. 1 3. The judicial branch shall submit monthly financial 2 statements to the legislative services agency and the 3 department of management containing all appropriated accounts 4 in the same manner as provided in the monthly financial status 5 reports and personal services usage reports of the department 6 of administrative services. The monthly financial statements 7 shall include a comparison of the dollars and percentage 8 spent of budgeted versus actual revenues and expenditures on 9 a cumulative basis for full-time equivalent positions and 10 dollars. 11 4. The judicial branch shall focus efforts on the collection 12 of delinquent fines, penalties, court costs, fees, surcharges, 13 or similar amounts. 14 5. It is the intent of the general assembly that the offices 15 of the clerks of the district court operate in all 99 counties 16 and be accessible to the public as much as is reasonably 17 possible in order to address the relative needs of the citizens 18 of each county. An office of the clerk of the district court 19 shall be open regular courthouse hours. 20 6. In addition to the requirements for transfers under 21 section 8.39, the judicial branch shall not change the 22 appropriations from the amounts appropriated to the judicial 23 branch in this Act, unless notice of the revisions is given to 24 the legislative services agency prior to the effective date. 25 The notice shall include information on the branch’s rationale 26 for making the changes and details concerning the workload and 27 performance measures upon which the changes are based. 28 7. The judicial branch shall submit a semiannual update 29 to the legislative services agency specifying the amounts of 30 fines, surcharges, and court costs collected using the Iowa 31 court information system since the last report. The judicial 32 branch shall continue to facilitate the sharing of vital 33 sentencing and other information with other state departments 34 and governmental agencies involved in the criminal justice 35 -8- HF2643.4514.S (1) 88 mb 8/ 56
system through the Iowa court information system. 1 8. The judicial branch shall provide a report to the general 2 assembly by January 1, 2021, concerning the amounts received 3 and expended from the enhanced court collections fund created 4 in section 602.1304 and the court technology and modernization 5 fund created in section 602.8108, subsection 9, during the 6 fiscal year beginning July 1, 2019, and ending June 30, 2020, 7 and the plans for expenditures from each fund during the fiscal 8 year beginning July 1, 2020, and ending June 30, 2021. A copy 9 of the report shall be provided to the legislative services 10 agency. 11 Sec. 10. CIVIL TRIALS —— LOCATION. Notwithstanding any 12 provision to the contrary, for the fiscal year beginning July 13 1, 2020, and ending June 30, 2021, if all parties in a case 14 agree, a civil trial including a jury trial may take place in a 15 county contiguous to the county with proper jurisdiction, even 16 if the contiguous county is located in an adjacent judicial 17 district or judicial election district. If the trial is moved 18 pursuant to this section, court personnel shall treat the case 19 as if a change of venue occurred. 20 DIVISION VI 21 HEALTH AND HUMAN SERVICES APPROPRIATIONS —— FY 2020-2021 22 Sec. 11. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 23 GRANT. There is appropriated from the fund created in section 24 8.41 to the department of human services for the fiscal year 25 beginning July 1, 2020, and ending June 30, 2021, from moneys 26 received under the federal temporary assistance for needy 27 families (TANF) block grant pursuant to the federal Personal 28 Responsibility and Work Opportunity Reconciliation Act of 1996, 29 Pub. L. No. 104-193, and successor legislation, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 To be credited to the family investment program account and 33 used for assistance under the family investment program under 34 chapter 239B : 35 -9- HF2643.4514.S (1) 88 mb 9/ 56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,002,006 1 Sec. 12. MEDICAL ASSISTANCE. There is appropriated from the 2 general fund of the state to the department of human services 3 for the fiscal year beginning July 1, 2020, and ending June 30, 4 2021, the following amount, or so much thereof as is necessary, 5 to be used for the purpose designated: 6 For medical assistance program reimbursement and associated 7 costs as specifically provided in the reimbursement 8 methodologies in effect on June 30, 2020, except as otherwise 9 expressly authorized by law, consistent with options under 10 federal law and regulations, and contingent upon receipt of 11 approval from the office of the governor of reimbursement for 12 each abortion performed under the program: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,459,599,409 14 The prohibitions, limitations, transfers, authorizations, 15 requirements applicable to state and private entities, and 16 requirements applicable to the use of appropriated moneys, 17 including allocation amounts, set forth in 2019 Iowa Acts, 18 chapter 85, section 13, subsections 1 through 20, apply to 19 the moneys appropriated in this section for the fiscal year 20 beginning July 1, 2020, and ending June 30, 2021. 21 Sec. 13. STATE SUPPLEMENTARY ASSISTANCE. 22 1. There is appropriated from the general fund of the 23 state to the department of human services for the fiscal year 24 beginning July 1, 2020, and ending June 30, 2021, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For the state supplementary assistance program: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,349,002 29 2. The department shall increase the personal needs 30 allowance for residents of residential care facilities by the 31 same percentage and at the same time as federal supplemental 32 security income and federal social security benefits are 33 increased due to a recognized increase in the cost of living. 34 The department may adopt emergency rules to implement this 35 -10- HF2643.4514.S (1) 88 mb 10/ 56
subsection. 1 3. If during the fiscal year beginning July 1, 2020, 2 the department projects that state supplementary assistance 3 expenditures for a calendar year will not meet the federal 4 pass-through requirement specified in Tit. XVI of the federal 5 Social Security Act, section 1618, as codified in 42 U.S.C. 6 §1382g, the department may take actions including but not 7 limited to increasing the personal needs allowance for 8 residential care facility residents and making programmatic 9 adjustments or upward adjustments of the prescribed residential 10 care facility or in-home health-related care reimbursement 11 rates to ensure that federal requirements are met. In 12 addition, the department may make other programmatic and rate 13 adjustments necessary to remain within the amount appropriated 14 in this section while ensuring compliance with federal 15 requirements. The department may adopt emergency rules to 16 implement the provisions of this subsection. 17 4. Notwithstanding section 8.33 , moneys appropriated 18 in this section that remain unencumbered or unobligated 19 at the close of the fiscal year shall not revert but 20 shall remain available for expenditure for the purposes 21 designated, including for liability amounts associated with the 22 supplemental nutrition assistance program payment error rate, 23 until the close of the succeeding fiscal year. 24 Sec. 14. CHILDREN’S HEALTH INSURANCE PROGRAM. 25 1. There is appropriated from the general fund of the 26 state to the department of human services for the fiscal year 27 beginning July 1, 2020, and ending June 30, 2021, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For maintenance of the healthy and well kids in Iowa (hawk-i) 31 program pursuant to chapter 514I , including supplemental dental 32 services, for receipt of federal financial participation under 33 Tit. XXI of the federal Social Security Act, which creates the 34 children’s health insurance program: 35 -11- HF2643.4514.S (1) 88 mb 11/ 56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,598,984 1 2. Of the funds appropriated in this section, $146,682 is 2 allocated for continuation of the contract for outreach with 3 the department of public health. 4 3. A portion of the funds appropriated in this section may 5 be transferred to the appropriations made for field operations 6 or medical contracts to be used for the integration of hawk-i 7 program eligibility, payment, and administrative functions 8 under the purview of the department of human services, 9 including for the Medicaid management information system 10 upgrade. 11 Sec. 15. STATE RESOURCE CENTERS. 12 1. There is appropriated from the general fund of the 13 state to the department of human services for the fiscal year 14 beginning July 1, 2020, and ending June 30, 2021, the following 15 amounts, or so much thereof as is necessary, to be used for the 16 purposes designated: 17 a. For the state resource center at Glenwood for salaries, 18 support, maintenance, and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,700,867 20 b. For the state resource center at Woodward for salaries, 21 support, maintenance, and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,913,360 23 2. The department may continue to bill for state resource 24 center services utilizing a scope of services approach used for 25 private providers of intermediate care facilities for persons 26 with an intellectual disability services, in a manner which 27 does not shift costs between the medical assistance program, 28 counties, or other sources of funding for the state resource 29 centers. 30 3. The state resource centers may expand the time-limited 31 assessment and respite services during the fiscal year. 32 4. If the department’s administration and the department 33 of management concur with a finding by a state resource 34 center’s superintendent that projected revenues can reasonably 35 -12- HF2643.4514.S (1) 88 mb 12/ 56
be expected to pay the salary and support costs for a new 1 employee position, or that such costs for adding a particular 2 number of new positions for the fiscal year would be less 3 than the overtime costs if new positions would not be added, 4 the superintendent may add the new position or positions. If 5 the vacant positions available to a resource center do not 6 include the position classification desired to be filled, the 7 state resource center’s superintendent may reclassify any 8 vacant position as necessary to fill the desired position. The 9 superintendents of the state resource centers may, by mutual 10 agreement, pool vacant positions and position classifications 11 during the course of the fiscal year in order to assist one 12 another in filling necessary positions. 13 5. If existing capacity limitations are reached in 14 operating units, a waiting list is in effect for a service or 15 a special need for which a payment source or other funding 16 is available for the service or to address the special need, 17 and facilities for the service or to address the special need 18 can be provided within the available payment source or other 19 funding, the superintendent of a state resource center may 20 authorize opening not more than two units or other facilities 21 and begin implementing the service or addressing the special 22 need during fiscal year 2020-2021. 23 6. Notwithstanding section 8.33 , and notwithstanding 24 the amount limitation specified in section 222.92 , moneys 25 appropriated in this section that remain unencumbered or 26 unobligated at the close of the fiscal year shall not revert 27 but shall remain available for expenditure for the purposes 28 designated until the close of the succeeding fiscal year. 29 Sec. 16. JUVENILE INSTITUTION. There is appropriated 30 from the general fund of the state to the department of human 31 services for the fiscal year beginning July 1, 2020, and ending 32 June 30, 2021, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. a. For operation of the state training school at Eldora 35 -13- HF2643.4514.S (1) 88 mb 13/ 56
and for salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,029,488 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 5 b. Of the funds appropriated in this subsection, $91,000 6 shall be used for distribution to licensed classroom teachers 7 at this and other institutions under the control of the 8 department of human services based upon the average student 9 yearly enrollment at each institution as determined by the 10 department. 11 2. A portion of the moneys appropriated in this section 12 shall be used by the state training school at Eldora for 13 grants for adolescent pregnancy prevention activities at the 14 institution in the fiscal year beginning July 1, 2020. 15 3. Of the funds appropriated in this subsection, $212,000 16 shall be used by the state training school at Eldora for a 17 substance use disorder treatment program at the institution for 18 the fiscal year beginning July 1, 2020. 19 4. Notwithstanding section 8.33 , moneys appropriated in 20 this section that remain unencumbered or unobligated at the 21 close of the fiscal year shall not revert but shall remain 22 available for expenditure for the purposes designated until the 23 close of the succeeding fiscal year. 24 Sec. 17. DEPARTMENT OF PUBLIC HEALTH —— ADDICTIVE 25 DISORDERS. There is appropriated from the general fund of the 26 state to the department of public health for the fiscal year 27 beginning July 1, 2020, and ending June 30, 2021, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 1. For reducing the prevalence of the use of tobacco, 31 alcohol, and other drugs, and treating individuals affected by 32 addictive behaviors, including gambling, and for not more than 33 the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,659,379 35 -14- HF2643.4514.S (1) 88 mb 14/ 56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 1 2. a. Of the funds appropriated in this section, $4,021,000 2 shall be used for the tobacco use prevention and control 3 initiative, including efforts at the state and local levels, 4 as provided in chapter 142A . The commission on tobacco use 5 prevention and control established pursuant to section 142A.3 6 shall advise the director of public health in prioritizing 7 funding needs and the allocation of moneys appropriated for 8 the programs and initiatives. Activities of the programs 9 and initiatives shall be in alignment with the United States 10 centers for disease control and prevention best practices 11 for comprehensive tobacco control programs that include 12 the goals of preventing youth initiation of tobacco usage, 13 reducing exposure to secondhand smoke, and promotion of 14 tobacco cessation. To maximize resources, the department 15 shall determine if third-party sources are available to 16 instead provide nicotine replacement products to an applicant 17 prior to provision of such products to an applicant under 18 the initiative. The department shall track and report to 19 the individuals specified in this section, any reduction in 20 the provision of nicotine replacement products realized by 21 the initiative through implementation of the prerequisite 22 screening. 23 b. (1) The department shall collaborate with the 24 alcoholic beverages division of the department of commerce for 25 enforcement of tobacco laws, regulations, and ordinances and to 26 engage in tobacco control activities approved by the division 27 of tobacco use prevention and control of the department of 28 public health as specified in the memorandum of understanding 29 entered into between the divisions. 30 (2) For the fiscal year beginning July 1, 2020, and ending 31 June 30, 2021, the terms of the memorandum of understanding, 32 entered into between the division of tobacco use prevention 33 and control of the department of public health and the 34 alcoholic beverages division of the department of commerce, 35 -15- HF2643.4514.S (1) 88 mb 15/ 56
governing compliance checks conducted to ensure licensed retail 1 tobacco outlet conformity with tobacco laws, regulations, and 2 ordinances relating to persons under 18 years of age, shall 3 continue to restrict the number of such checks to one check per 4 retail outlet, and one additional check for any retail outlet 5 found to be in violation during the first check. 6 3. a. Of the funds appropriated in this section, 7 $19,639,000 shall be used for problem gambling and 8 substance-related disorder prevention, treatment, and recovery 9 services, including a 24-hour helpline, public information 10 resources, professional training, youth prevention, and program 11 evaluation. 12 b. Of the amount allocated under this subsection, $306,000 13 shall be utilized by the department of public health, in 14 collaboration with the department of human services, to support 15 establishment and maintenance of a single statewide 24-hour 16 crisis hotline for the Iowa children’s behavioral health system 17 that incorporates warmline services which may be provided 18 through expansion of existing capabilities maintained by the 19 department of public health as required pursuant to 2018 Iowa 20 Acts, chapter 1056, section 16 . 21 4. The requirement of section 123.17, subsection 5 , is met 22 by the appropriations and allocations made in this section 23 and section 1 of this Act for purposes of substance-related 24 disorder treatment and addictive disorders for the fiscal year 25 beginning July 1, 2020. 26 Sec. 18. DEPARTMENT OF PUBLIC HEALTH —— SPORTS WAGERING 27 RECEIPTS FUND. There is appropriated from the sports wagering 28 receipts fund created in section 8.57, subsection 6, to the 29 department of public health for the fiscal year beginning July 30 1, 2020, and ending June 30, 2021, the following amount, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 For problem gambling and substance-related disorder 34 prevention, treatment, and recovery services, including a 35 -16- HF2643.4514.S (1) 88 mb 16/ 56
24-hour helpline, public information resources, professional 1 training, youth prevention, and program evaluation: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,450,000 3 The appropriation made in this section shall not supplant 4 the appropriation made to the department of public health from 5 the sports wagering receipts fund pursuant to section 1 of this 6 Act, based on the appropriation made in 2019 Iowa Acts, chapter 7 133. 8 DIVISION VII 9 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 10 PROVISIONS 11 RURAL PSYCHIATRIC RESIDENCIES 12 Sec. 19. 2019 Iowa Acts, chapter 85, section 3, subsection 13 4, paragraph j, is amended to read as follows: 14 j. Of the funds appropriated in this subsection, $400,000 15 shall be used for rural psychiatric residencies to support the 16 annual creation and training of four psychiatric residents who 17 will provide mental health services in underserved areas of 18 the state. Notwithstanding section 8.33, moneys that remain 19 unencumbered or unobligated at the close of the fiscal year 20 shall not revert but shall remain available for expenditure for 21 the purposes designated for subsequent fiscal years. 22 FAMILY INVESTMENT PROGRAM ACCOUNT 23 Sec. 20. 2019 Iowa Acts, chapter 85, section 9, is amended 24 by adding the following new subsection: 25 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 26 appropriated in this section that remain unencumbered or 27 unobligated at the close of the fiscal year shall not revert 28 but shall remain available for expenditure for the purposes 29 designated, and may be transferred to the appropriations made 30 in this division of this Act for general administration and 31 field operations for technology needs including the eligibility 32 integrated applications solutions (ELIAS) project, until the 33 close of the succeeding fiscal year. 34 STATE SUPPLEMENTARY ASSISTANCE 35 -17- HF2643.4514.S (1) 88 mb 17/ 56
Sec. 21. 2019 Iowa Acts, chapter 85, section 15, subsection 1 4, is amended to read as follows: 2 4. Notwithstanding section 8.33 , moneys appropriated 3 in this section that remain unencumbered or unobligated 4 at the close of the fiscal year shall not revert but 5 shall remain available for expenditure for the purposes 6 designated , including for liability amounts associated with the 7 supplemental nutrition assistance program payment error rate, 8 until the close of the succeeding fiscal year. 9 CHILD AND FAMILY SERVICES 10 Sec. 22. 2019 Iowa Acts, chapter 85, section 19, subsection 11 18, is amended to read as follows: 12 18. Of the funds appropriated in this section, at least 13 $147,000 shall be used for the continuation of the child 14 welfare provider training academy, a collaboration between the 15 coalition for family and children’s services in Iowa and the 16 department. Notwithstanding section 8.33, moneys allocated 17 under this subsection that remain unencumbered or unobligated 18 at the close of the fiscal year shall not revert but shall 19 remain available for expenditure for the purposes designated 20 until the close of the succeeding fiscal year. 21 Sec. 23. 2019 Iowa Acts, chapter 85, section 19, is amended 22 by adding the following new subsection: 23 NEW SUBSECTION . 24. Notwithstanding section 8.33, moneys 24 appropriated in this section that remain unencumbered or 25 unobligated at the close of the fiscal year shall not revert 26 but shall remain available for expenditure for the purposes 27 designated, and including services implemented to meet the 28 requirements of the federal Family First Prevention Services 29 Act, until the close of the succeeding fiscal year. 30 MENTAL HEALTH INSTITUTES 31 Sec. 24. 2019 Iowa Acts, chapter 85, section 24, subsection 32 2, is amended to read as follows: 33 2. a. Notwithstanding sections 218.78 and 249A.11 , any 34 revenue received from the state mental health institute at 35 -18- HF2643.4514.S (1) 88 mb 18/ 56
Cherokee or the state mental health institute at Independence 1 pursuant to 42 C.F.R §438.6(e) may be retained and expended by 2 the mental health institute. 3 b. Notwithstanding sections 218.78 and 249A.11, any 4 COVID-19 related funding received through federal funding 5 sources by the state mental health institute at Cherokee or the 6 state mental health institute at Independence may be retained 7 and expended by the mental health institute. 8 FIELD OPERATIONS 9 Sec. 25. 2019 Iowa Acts, chapter 85, section 27, is amended 10 by adding the following new subsection: 11 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 12 appropriated in this section that remain unencumbered or 13 unobligated at the close of the fiscal year shall not revert 14 but shall remain available for expenditure for the purposes 15 designated until the close of the succeeding fiscal year. 16 GENERAL ADMINISTRATION 17 Sec. 26. 2019 Iowa Acts, chapter 85, section 28, is amended 18 by adding the following new subsection: 19 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 20 appropriated in this section that remain unencumbered or 21 unobligated at the close of the fiscal year shall not revert 22 but shall remain available for expenditure for the purposes 23 designated until the close of the succeeding fiscal year. 24 DECATEGORIZATION FY 2018 CARRYOVER FUNDING 25 Sec. 27. DECATEGORIZATION CARRYOVER FUNDING FY 2018 —— 26 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 27 subsection 5, paragraph “b”, any state-appropriated moneys in 28 the funding pool that remained unencumbered or unobligated 29 at the close of the fiscal year beginning July 1, 2017, and 30 were deemed carryover funding to remain available for the two 31 succeeding fiscal years that still remain unencumbered or 32 unobligated at the close of the fiscal year beginning July 1, 33 2019, shall not revert but shall be transferred to the medical 34 assistance program for the fiscal year beginning July 1, 2020. 35 -19- HF2643.4514.S (1) 88 mb 19/ 56
Sec. 28. PROVISIONS NOT APPLICABLE TO FY 2020-2021. All 1 of the following amendments to 2019 Iowa Acts, chapter 85, are 2 not applicable to the associated appropriations made for the 3 fiscal year beginning July 1, 2020, and ending June 30, 2021, 4 notwithstanding section 1 of this Act: 5 1. 2019 Iowa Acts, chapter 85, section 9, as amended in this 6 division of this Act. 7 2. 2019 Iowa Acts, chapter 85, section 19, subsection 18, as 8 amended in this division of this Act. 9 3. 2019 Iowa Acts, chapter 85, section 19, subsection 24, if 10 enacted by this division of this Act. 11 4. 2019 Iowa Acts, chapter 85, section 27, as amended in 12 this division of this Act. 13 5. 2019 Iowa Acts, chapter 85, section 28, as amended in 14 this division of this Act. 15 Sec. 29. PROVISIONS APPLICABLE TO FY 2020-2021. All of 16 the following amendments to 2019 Iowa Acts, chapter 85, are 17 applicable to the associated appropriations made for the fiscal 18 year beginning July 1, 2020, and ending June 30, 2021, pursuant 19 to section 1 of this Act: 20 1. 2019 Iowa Acts, chapter 85, section 3, subsection 4, 21 paragraph “j”. 22 2. 2019 Iowa Acts, chapter 85, section 15, subsection 4. 23 3. 2019 Iowa Acts, chapter 85, section 24, subsection 2, as 24 amended in this division of this Act. 25 Sec. 30. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 Sec. 31. RETROACTIVE APPLICABILITY. This division of this 28 Act applies retroactively to July 1, 2019. 29 DIVISION VIII 30 HEALTH AND HUMAN SERVICES —— FY 2019-2020 PROVISIONS NOT 31 APPLICABLE FOR FY 2020-2021 32 Sec. 32. HEALTH AND HUMAN SERVICES PROVISIONS NOT 33 APPLICABLE TO FY 2020-2021. The following provisions of 2019 34 Iowa Acts, chapter 85, are not applicable to the associated 35 -20- HF2643.4514.S (1) 88 mb 20/ 56
appropriations made for the fiscal year beginning July 1, 2020, 1 and ending June 30, 2021, notwithstanding section 1 of this 2 Act: 3 1. 2019 Iowa Acts, chapter 85, section 3, subsection 2, 4 paragraph “a”. 5 2. 2019 Iowa Acts, chapter 85, section 3, subsection 7, 6 paragraph “b”. 7 3. 2019 Iowa Acts, chapter 85, section 3, subsection 9, 8 paragraph “b”. 9 4. 2019 Iowa Acts, chapter 85, section 4, subsection 1. 10 5. 2019 Iowa Acts, chapter 85, section 9, subsection 4. 11 6. 2019 Iowa Acts, chapter 85, section 13, subsections 21, 12 22, 23, and 24. 13 7. 2019 Iowa Acts, chapter 85, section 18, subsection 1, 14 paragraph “c”. 15 8. 2019 Iowa Acts, chapter 85, section 22, subsection 2. 16 9. 2019 Iowa Acts, chapter 85, section 24, subsection 1, 17 paragraph “a”, subparagraph (2). 18 10. 2019 Iowa Acts, chapter 85, section 24, subsection 1, 19 paragraph “b”, subparagraph (2). 20 11. 2019 Iowa Acts, chapter 85, section 26, subsection 1, 21 paragraph “b”. 22 12. 2019 Iowa Acts, chapter 85, section 27, subsection 2. 23 13. 2019 Iowa Acts, chapter 85, section 32, subsection 1. 24 14. 2019 Iowa Acts, chapter 85, section 33. 25 15. 2019 Iowa Acts, chapter 85, divisions VII, VIII, XI, 26 XII, XIV, XVI, XIX, and XXVII. 27 DIVISION IX 28 HEALTH AND HUMAN SERVICES —— NEW PROVISIONS APPLICABLE FOR FY 29 2020-2021 30 STATE MEDICAL EXAMINER 31 Sec. 33. STATE MEDICAL EXAMINER —— USE OF MONEYS. For 32 the fiscal year beginning July 1, 2020, and ending June 30, 33 2021, a portion of the moneys appropriated from the general 34 fund of the state to the department of public health for 35 -21- HF2643.4514.S (1) 88 mb 21/ 56
public protection shall be used to support the office of the 1 state medical examiner and to address the growth in demand 2 for services. The office of the state medical examiner shall 3 enter into a memorandum of understanding with the university 4 of Iowa hospitals and clinics to coordinate the completion of 5 forensic autopsies to address increased caseloads and prolonged 6 backlogs, and to promote regional efficiencies. 7 HOPES —— HFI 8 Sec. 34. HEALTHY OPPORTUNITIES FOR PARENTS TO EXPERIENCE 9 SUCCESS (HOPES) —— HEALTHY FAMILIES IOWA (HFI) PROGRAM. For 10 the fiscal year beginning July 1, 2020, and ending June 30, 11 2021, of the funds appropriated from the general fund of the 12 state to the department of public health for healthy children 13 and families, not more than $734,000 shall be used for the 14 healthy opportunities for parents to experience success (HOPES) 15 —— healthy families Iowa (HFI) program established pursuant to 16 section 135.106. 17 SEXUAL VIOLENCE PREVENTION PROGRAMMING 18 Sec. 35. SEXUAL VIOLENCE PREVENTION PROGRAMMING. For 19 the fiscal year beginning July 1, 2020, and ending June 20 30, 2021, of the moneys appropriated from the general fund 21 of the state to the department of public health for public 22 protection, up to $243,000 shall be used for sexual violence 23 prevention programming through a statewide organization 24 representing programs serving victims of sexual violence 25 through the department’s sexual violence prevention program, 26 and for continuation of a training program for sexual assault 27 response team (SART) members, including representatives of 28 law enforcement, victim advocates, prosecutors, and certified 29 medical personnel. The amount allocated in this section shall 30 not be used to supplant funding administered for other sexual 31 violence prevention or victims assistance programs. 32 TAX PREPARATION ASSISTANCE 33 Sec. 36. DEPARTMENT OF HUMAN SERVICES —— TAX PREPARATION 34 ASSISTANCE. For the fiscal year beginning July 1, 2020, and 35 -22- HF2643.4514.S (1) 88 mb 22/ 56
ending June 30, 2021, of the moneys appropriated from the 1 general fund of the state to the department of human services 2 to be credited to the family investment program account and 3 used for family investment assistance under chapter 239B, 4 $195,000 shall be used for a contract executed in accordance 5 with 2019 Iowa Acts, chapter 85, section 9, subsection 4, 6 with an Iowa-based nonprofit organization with a history of 7 providing tax preparation assistance to low-income Iowans in 8 order to expand the usage of the earned income tax credit. 9 The purpose of the contract is to supply this assistance to 10 underserved areas of the state. 11 HEALTH PROGRAM OPERATIONS 12 Sec. 37. HEALTH PROGRAM OPERATIONS. There is appropriated 13 from the general fund of the state to the department of human 14 services for the fiscal year beginning July 1, 2020, and ending 15 June 30, 2021, the following amount or so much thereof as is 16 necessary, to be used for the purposes designated: 17 For health program operations: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,831,343 19 1. The department of inspections and appeals shall provide 20 all state matching moneys for survey and certification 21 activities performed by the department of inspections 22 and appeals. The department of human services is solely 23 responsible for distributing the federal matching moneys for 24 such activities. 25 2. Of the moneys appropriated in this section, $50,000 shall 26 be used for continuation of home and community-based services 27 waiver quality assurance programs, including the review and 28 streamlining of processes and policies related to oversight and 29 quality management to meet state and federal requirements. 30 3. Of the amount appropriated in this section, up to 31 $200,000 may be transferred to the appropriation for general 32 administration to be used for additional full-time equivalent 33 positions in the development of key health initiatives such 34 as development and oversight of managed care programs and 35 -23- HF2643.4514.S (1) 88 mb 23/ 56
development of health strategies targeted toward improved 1 quality and reduced costs in the Medicaid program. 2 4. Of the moneys appropriated in this section, $1,000,000 3 shall be used for planning and development, in cooperation with 4 the department of public health, of a phased-in program to 5 provide a dental home for children. 6 5. a. Of the moneys appropriated in this section, $573,000 7 shall be credited to the autism support program fund created 8 in section 225D.2 to be used for the autism support program 9 created in chapter 225D, with the exception of the following 10 amount of this allocation which shall be used as follows: 11 b. Of the moneys allocated in this subsection, $25,000 shall 12 be used for the public purpose of continuation of a grant to a 13 nonprofit provider of child welfare services that has been in 14 existence for more than 115 years, is located in a county with 15 a population between 200,000 and 220,000 according to the most 16 recent federal decennial census, is licensed as a psychiatric 17 medical institution for children, and provides school-based 18 programming, to be used for support services for children with 19 autism spectrum disorder and their families. 20 Sec. 38. REFERENCES TO MEDICAL CONTRACTS —— REPLACED. For 21 the fiscal year beginning July 1, 2020, and ending June 30, 22 2021, all references in 2019 Iowa Acts, chapter 85, division V, 23 to “medical contracts” shall be replaced with the term “health 24 program operations” and all transfers of funds made to or from 25 the appropriation for medical contracts shall instead be made 26 to or from the appropriation for health program operations. 27 CHILD AND FAMILY SERVICES 28 Sec. 39. CHILD AND FAMILY SERVICES —— GROUP FOSTER 29 CARE. For the fiscal year beginning July 1, 2020, and ending 30 June 30, 2021, of the funds appropriated from the general fund 31 of the state to the department of human services for child and 32 family services, $26,025,000 is allocated as the statewide 33 expenditure target under section 232.143 for group foster care 34 maintenance and services. If the department projects that such 35 -24- HF2643.4514.S (1) 88 mb 24/ 56
expenditures for the fiscal year will be less than the target 1 amount allocated in this paragraph “a”, the department may 2 reallocate the excess to provide additional funding for family 3 foster care, independent living, family-centered services, 4 shelter care, or the child welfare emergency services addressed 5 with the allocation for shelter care. 6 FAMILY SUPPORT SUBSIDY PROGRAM 7 Sec. 40. FAMILY SUPPORT SUBSIDY PROGRAM. For the fiscal 8 year beginning July 1, 2020, and ending June 30, 2021, of the 9 moneys appropriated from the general fund of the state to the 10 department of human services for the family support subsidy 11 program, at least $875,195 is transferred to the department 12 of public health for the family support center component of 13 the comprehensive family support program under chapter 225C, 14 subchapter V. 15 DEPARTMENT OF HUMAN SERVICES PROVIDER REIMBURSEMENTS 16 Sec. 41. PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN 17 SERVICES. 18 1. For the fiscal year beginning July 1, 2020, and 19 ending June 30, 2021, the following reimbursement rates and 20 methodologies shall apply: 21 a. (1) For the fiscal year beginning July 1, 2020, 22 case-mix, non-case-mix, and special population nursing 23 facilities shall be reimbursed in accordance with the 24 methodology in effect on June 30, 2020. 25 (2) For managed care claims, the department of human 26 services shall adjust the payment rate floor for nursing 27 facilities, annually, to maintain a rate floor that is no 28 lower than the Medicaid fee-for-service case-mix adjusted 29 rate calculated in accordance with subparagraph (1) and 30 441 IAC 81.6. The department shall then calculate adjusted 31 reimbursement rates, including but not limited to add-on 32 payments, annually, and shall notify Medicaid managed care 33 organizations of the adjusted reimbursement rates within 30 34 days of determining the adjusted reimbursement rates. Any 35 -25- HF2643.4514.S (1) 88 mb 25/ 56
adjustment of reimbursement rates under this subparagraph shall 1 be budget neutral to the state budget. 2 (3) Medicaid managed care organizations shall adjust 3 facility-specific rates based upon payment rate listings issued 4 by the department. The rate adjustments shall be applied 5 prospectively from the effective date of the rate letter issued 6 by the department. 7 b. For the fiscal year beginning July 1, 2020, reimbursement 8 rates for outpatient hospital services shall be rebased 9 effective January 1, 2021, subject to Medicaid program upper 10 payment limit rules, and adjusted as necessary to maintain 11 expenditures within the amount appropriated to the department 12 for this purpose for the fiscal year. 13 c. For the fiscal year beginning July 1, 2020, under 14 both fee-for-service and managed care administration of 15 the Medicaid program, critical access hospitals shall be 16 reimbursed for inpatient and outpatient services based on the 17 hospital-specific critical access hospital cost adjustment 18 factor methodology utilizing the most recent and complete cost 19 reporting period as applied prospectively within the funds 20 appropriated for such purpose for the fiscal year. 21 d. For the fiscal year beginning July 1, 2020, assertive 22 community treatment per diem rates shall remain at the rates in 23 effect on June 30, 2020. 24 e. Notwithstanding section 234.38, for the fiscal 25 year beginning July 1, 2020, the foster family basic daily 26 maintenance rate and the maximum adoption subsidy rate for 27 children ages 0 through 5 years shall be $16.78, the rate for 28 children ages 6 through 11 years shall be $17.45, the rate for 29 children ages 12 through 15 years shall be $19.10, and the 30 rate for children and young adults ages 16 and older shall be 31 $19.35. For youth ages 18 up to 23 who have exited foster 32 care, the preparation for adult living program maintenance rate 33 shall be $602.70 per month. The maximum payment for adoption 34 subsidy nonrecurring expenses shall be limited to $500 and the 35 -26- HF2643.4514.S (1) 88 mb 26/ 56
disallowance of additional amounts for court costs and other 1 related legal expenses implemented pursuant to 2010 Iowa Acts, 2 chapter 1031, section 408, shall be continued. 3 f. For the fiscal year beginning July 1, 2020, the 4 reimbursement rate for family-centered services providers shall 5 be established by contract. 6 2. With the exception of the providers and services 7 specified in subsection 1, all other provider and service 8 reimbursement rates and methodologies specified in 2019 Iowa 9 Acts, chapter 85, section 31, shall continue to be applicable 10 for the fiscal year beginning July 1, 2020, and ending June 30, 11 2021. 12 EMERGENCY RULES 13 Sec. 42. EMERGENCY RULES. 14 1. If necessary to comply with federal requirements 15 including time frames, or if specifically authorized by a 16 provision of this division of this Act, the department of 17 human services or the mental health and disability services 18 commission may adopt administrative rules under section 17A.4, 19 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 20 to implement the provisions of this division of this Act and 21 the rules shall become effective immediately upon filing or 22 on a later effective date specified in the rules, unless the 23 effective date of the rules is delayed or the applicability 24 of the rules is suspended by the administrative rules review 25 committee. Any rules adopted in accordance with this section 26 shall not take effect before the rules are reviewed by the 27 administrative rules review committee. The delay authority 28 provided to the administrative rules review committee under 29 section 17A.4, subsection 7, and section 17A.8, subsection 9, 30 shall be applicable to a delay imposed under this section, 31 notwithstanding a provision in those sections making them 32 inapplicable to section 17A.5, subsection 2, paragraph “b”. 33 Any rules adopted in accordance with the provisions of this 34 section shall also be published as a notice of intended action 35 -27- HF2643.4514.S (1) 88 mb 27/ 56
as provided in section 17A.4. 1 2. If during a fiscal year, the department of human 2 services is adopting rules in accordance with this section 3 or as otherwise directed or authorized by state law, and the 4 rules will result in an expenditure increase beyond the amount 5 anticipated in the budget process or if the expenditure was 6 not addressed in the budget process for the fiscal year, the 7 department shall notify the persons designated by this division 8 of this Act for submission of reports, the chairpersons and 9 ranking members of the committees on appropriations, and 10 the department of management concerning the rules and the 11 expenditure increase. The notification shall be provided at 12 least 30 calendar days prior to the date notice of the rules 13 is submitted to the administrative rules coordinator and the 14 administrative code editor. 15 REPORT ON NONREVERSION OF FUNDS 16 Sec. 43. REPORT ON NONREVERSION OF FUNDS. The department 17 of human services shall report the expenditure of any moneys 18 for which nonreversion authorization was provided for the 19 fiscal year beginning July 1, 2019, and ending June 30, 2020, 20 for the family investment program account, state supplementary 21 assistance, child and family services, the mental health 22 institutes, field operations, or general administration to the 23 chairpersons and ranking members of the joint appropriations 24 subcommittee on health and human services, the legislative 25 services agency, and the four legislative caucus staffs on a 26 quarterly basis beginning October 1, 2020. 27 CHILD AND FAMILY SERVICES 28 Sec. 44. CHILD AND FAMILY SERVICES APPROPRIATION. For the 29 fiscal year beginning July 1, 2020, and ending June 30, 2021, a 30 portion of the funds appropriated from the general fund of the 31 state to the department of human services for child and family 32 services may be used for family-centered services for purposes 33 of complying with the federal Family First Prevention Services 34 Act of 2018, Pub. L. No. 115-123, and successor legislation. 35 -28- HF2643.4514.S (1) 88 mb 28/ 56
DIVISION X 1 PUBLIC HEALTH EMERGENCY PROVISIONS 2 COVID-19 REGULATIONS 3 Sec. 45. COVID-19 FEDERAL REGULATIONS. For the time 4 period beginning on the effective date of this division of 5 this Act, and ending June 30, 2021, notwithstanding state 6 administrative rules to the contrary, to the extent federal 7 regulations relating to the COVID-19 pandemic differ from state 8 administrative rules, including applicable federal waivers, the 9 federal regulations are controlling during the pendency of the 10 federally declared state of emergency. 11 COUNTY HOSPITAL FUNDING 12 Sec. 46. COUNTY HOSPITAL FUNDING —— SUSTAINING OF HOSPITAL 13 OPERATIONS. For the time period beginning on the effective 14 date of this division of this Act, and ending June 30, 2021, 15 notwithstanding any provision of section 347.14, subsection 16 4, to the contrary, a board of trustees of a county hospital 17 may borrow moneys secured solely by hospital revenues for the 18 purpose of providing working capital or for general financing 19 needs to sustain hospital operations. 20 Sec. 47. COUNTY HOSPITAL FUNDING —— NONCURRENT DEBT 21 ISSUANCE. For the time period beginning on the effective 22 date of this division of this Act, and ending June 30, 2021, 23 notwithstanding any provision of section 331.478, subsections 24 2 and 3, to the contrary, a board of trustees of a county 25 hospital may authorize noncurrent debt for the purpose of 26 providing working capital or for general financing needs to 27 sustain a county hospital’s operations including in the form of 28 natural disaster loans from the state or federal government. 29 Sec. 48. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION XI 32 MENTAL HEALTH AND DISABILITY SERVICES 33 Sec. 49. Section 331.389, subsection 4, paragraph c, Code 34 2020, is amended to read as follows: 35 -29- HF2643.4514.S (1) 88 mb 29/ 56
c. The department shall work with any county that has not 1 agreed to be part of a region in accordance with paragraph 2 “a” and with the regions forming around the county to resolve 3 issues preventing the county from joining a region. In 4 addition to the regional governance agreement requirements 5 in section 331.392, the department may compel the county and 6 region to engage in mediation for resolution of a dispute. 7 The costs incurred for mediation shall be paid by the county 8 and the region in dispute according to their governance 9 agreement. A county that has not agreed to be part of a 10 region in accordance with paragraph “a” shall be assigned by 11 the department to a region, unless exempted prior to July 1, 12 2014. A county assigned by the department to a region shall 13 be included in that region’s amended governance agreement 14 pursuant to this section as of an effective date designated by 15 the department. The assigned county and region shall operate 16 according to the region’s existing governance agreement until 17 the regional governance agreement is amended. 18 Sec. 50. Section 331.389, subsection 5, Code 2020, is 19 amended to read as follows: 20 5. a. If the department determines that a region or an 21 exempted county is not adequately fulfilling the requirements 22 under this chapter for a regional service system, the 23 department shall address the region or county in the following 24 order: 25 a. (1) Require compliance with a corrective action plan. 26 b. (2) Reduce the amount of the annual state funding 27 provided for the regional service system, not to exceed fifteen 28 percent of the amount. 29 c. (3) Withdraw approval for the region or for the county 30 exemption, as applicable. 31 b. The department shall rely on all information available, 32 including annual audits submitted under section 331.391, 33 regional governance agreements submitted under section 331.392, 34 and annual service and budget plans submitted under section 35 -30- HF2643.4514.S (1) 88 mb 30/ 56
331.393 in determining whether a region or an exempted county 1 is adequately fulfilling the requirements for a regional 2 service system. The department may request and review 3 financial documents, contracts, and other audits, and may 4 perform on-site reviews and interviews to gather information. 5 Sec. 51. Section 331.392, subsection 4, Code 2020, is 6 amended to read as follows: 7 4. The financial provisions of the agreement shall include 8 all of the following: 9 a. Methods for pooling, management, and expenditure of the 10 funding under the control of the regional administrator. If 11 the agreement does not provide for pooling of the participating 12 county moneys in a single fund, the agreement shall specify how 13 the participating county moneys will be subject to the control 14 of the regional administrator. 15 b. (1) Methods for allocating administrative funding and 16 resources. 17 (2) Methods for allocating a region’s cash flow amount in 18 the event a county leaves the region. A region’s cash flow 19 amount shall be divided by the percentage of each county’s 20 population according to the region’s population indicated 21 in the region’s annual service and budget plan and shall be 22 allocated to the counties. This subparagraph shall apply to 23 all agreements in existence or entered into on or after July 24 1, 2020. 25 c. Contributions and uses of initial funding or related 26 contributions made by the counties participating in the 27 region for purposes of commencing operations by the regional 28 administrator. 29 d. Methods for acquiring or disposing of real property. 30 e. A process for determining the use of savings for 31 reinvestment. 32 f. A process for performance of an annual independent audit 33 of the regional administrator. The annual independent audit 34 prepared by the regional administrator shall be submitted to 35 -31- HF2643.4514.S (1) 88 mb 31/ 56
the department upon completion of the audit. 1 Sec. 52. Section 331.392, Code 2020, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 6. All agreements shall be submitted to the 4 department. The department shall approve the agreement if the 5 agreement complies with the requirements of this section. 6 Sec. 53. MENTAL HEALTH AND DISABILITY SERVICES —— 7 REGIONALIZATION AUTHORIZATION. 8 1. The department of human services shall facilitate the 9 county social services mental health and disability services 10 region dividing into two separate regions. All member 11 counties shall participate in the planning as required by the 12 department. Counties in the western portion of the region may 13 form a new region if the counties meet the requirements of 14 this section. Counties in the eastern portion of the region 15 shall retain the name county social services if a new region is 16 formed by the counties in the western portion of the region. 17 2. County formation of a proposed new mental health and 18 disability services region pursuant to this section is subject 19 to all of the following: 20 a. The aggregate population of all counties forming 21 the region is at least 50,000 and includes at least one 22 incorporated city with a population of more than 24,000. For 23 purposes of this subparagraph, “population” means the same as 24 defined in section 331.388, subsection 4, Code 2020. 25 b. Notwithstanding section 331.389, subsection 4, on or 26 before February 1, 2021, the counties forming the region have 27 complied with section 331.389, subsection 3, and all of the 28 following additional requirements: 29 (1) The board of supervisors of each county forming the 30 region has voted to approve a chapter 28E agreement. 31 (2) The duly authorized representatives of all the counties 32 forming the region have signed a chapter 28E agreement that is 33 in compliance with section 331.392 and 441 IAC 25.14. 34 (3) The county board of supervisors’ or supervisors’ 35 -32- HF2643.4514.S (1) 88 mb 32/ 56
designee members and other members of the region’s governing 1 board are appointed in accordance with section 331.390. 2 (4) Executive staff for the region’s regional administrator 3 are identified or engaged. 4 (5) The regional service management plan is developed in 5 accordance with section 331.393 and 441 IAC 25.18 and 441 IAC 6 25.21 and is submitted to the department. 7 (6) The initial regional service management plan shall 8 identify the service provider network for the region, identify 9 the information technology and data management capacity to be 10 employed to support regional functions, and establish business 11 functions, accounting procedures, and other administrative 12 processes. 13 c. Each county forming the region shall submit the 14 compliance information required in paragraph “b” to the 15 director of human services on or before February 1, 2021. 16 Within forty-five days of receipt of such information, the 17 director of human services shall determine if the region is in 18 full compliance and shall approve the region if the region has 19 met all of the requirements of this section. 20 d. The director of human services shall work with a county 21 making a request under this section that has not agreed or 22 is unable to join the proposed new region to resolve issues 23 preventing the county from joining the proposed new region. 24 e. By February 1, 2021, the director of human services 25 shall assign a county, making a request under this section 26 that has not reached an agreement to be part of the proposed 27 new region, to an existing region or to another new proposed 28 region, consistent with this section. 29 3. If approved by the department, the region shall commence 30 full operations no later than July 1, 2021. 31 Sec. 54. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 32 OF FUNDS. Notwithstanding section 331.432, a county with a 33 population of over 300,000 based on the most recent federal 34 decennial census may transfer funds from any other fund 35 -33- HF2643.4514.S (1) 88 mb 33/ 56
of the county to the mental health and disability regional 1 services fund for the purposes of providing mental health and 2 disability services for the fiscal year beginning July 1, 3 2020, and ending June 30, 2021. The county shall submit a 4 report to the governor and the general assembly by September 5 1, 2021, including the source of any funds transferred, the 6 amount of the funds transferred, and the mental health and 7 disability services provided with the transferred funds. The 8 county shall work with the department to maximize the use of 9 the medical assistance program and other third-party payment 10 sources, including but not limited to identifying individuals 11 enrolled with or eligible for Medicaid whose Medicaid-covered 12 services are being paid by the county or could be converted to 13 Medicaid-covered services. 14 Sec. 55. MENTAL HEALTH AND DISABILITY SERVICES REGIONS —— 15 FUNDING. 16 1. There is appropriated from the grow Iowa values fund 17 created in section 15G.108, Code 2009, to the department of 18 human services for the fiscal year beginning July 1, 2020, and 19 ending June 30, 2021, the following amount, or so much thereof 20 as is necessary, to be used for the purpose designated: 21 For a grant to a single-county mental health and disability 22 services region with a population of over 350,000 as determined 23 by the latest federal decennial census, for the provision of 24 mental health and disability services within the region: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 26 The department and the region shall enter into a memorandum 27 of understanding regarding the use of the moneys and detailing 28 the provisions of the plan prior to the region’s receipt of 29 moneys under this subsection. 30 2. The department shall distribute moneys appropriated 31 in this section within 60 days of the date of signing of the 32 memorandum of understanding between the department and each 33 region. 34 3. Moneys awarded under this section shall be used by the 35 -34- HF2643.4514.S (1) 88 mb 34/ 56
regions consistent with each region’s service system management 1 plan as approved by the department. 2 DIVISION XII 3 FOSTER HOME INSURANCE FUND 4 Sec. 56. Section 237.13, Code 2020, is amended by striking 5 the section and inserting in lieu thereof the following: 6 237.13 Foster home insurance fund. 7 1. For the purposes of this section, “foster home” means an 8 individual, as defined in section 237.1, subsection 7, who is 9 licensed to provide child foster care and shall also be known 10 as a “licensed foster home” . 11 2. The foster home insurance fund shall be administered by 12 the department of human services. The fund shall consist of 13 all moneys appropriated by the general assembly for deposit 14 in the fund. The department shall use moneys in the fund to 15 reimburse foster parents for the cost of purchasing foster care 16 liability insurance and to perform the administrative functions 17 necessary to carry out this section. 18 3. The department of human services shall adopt rules, 19 pursuant to chapter 17A, to carry out the provisions of this 20 section. 21 DIVISION XIII 22 VETERANS HOME CARRYFORWARD 23 Sec. 57. Section 35D.18, subsection 5, Code 2020, is amended 24 to read as follows: 25 5. Notwithstanding section 8.33 , any up to eight hundred 26 thousand dollars of the balance in the Iowa veterans home 27 annual appropriation or revenues that remains unencumbered or 28 unobligated at the close of the fiscal year shall not revert 29 but shall remain available for expenditure for specified 30 purposes of the Iowa veterans home until the close of the 31 succeeding fiscal year. 32 DIVISION XIV 33 PROPERTY TAX CREDITS 34 Sec. 58. PROPERTY TAX CREDITS. 35 -35- HF2643.4514.S (1) 88 mb 35/ 56
1. In lieu of the standing appropriations in the following 1 designated sections, for the fiscal year beginning July 1, 2 2020, and ending June 30, 2021, there is appropriated from 3 the general fund of the state the following amounts for the 4 following designated purposes: 5 a. For reimbursement for the homestead property tax credit 6 under section 425.1: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139,984,518 8 b. For implementing the elderly and disabled tax credit and 9 reimbursement pursuant to sections 425.16 through 425.40: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,500,000 11 2. If the director of revenue determines that the amount of 12 claims for credit for property taxes due pursuant to paragraphs 13 “a” and “b”, plus the amount of claims for reimbursement for 14 rent constituting property taxes paid which are to be paid 15 during a fiscal year may exceed the total amount appropriated 16 for that fiscal year, the director shall estimate the 17 percentage of the credits and reimbursements which will be 18 funded by the appropriation. The county treasurer shall notify 19 the director of the amount of property tax credits claimed by 20 June 26, 2020. The director shall estimate the percentage of 21 the property tax credits and rent reimbursement claims that 22 will be funded by the appropriation and notify the county 23 treasurer of the percentage estimate by June 30, 2020. The 24 estimated percentage shall be used in computing for each claim 25 the amount of property tax credit and reimbursement for rent 26 constituting property taxes paid for that fiscal year. If 27 the director overestimates the percentage of funding, claims 28 for reimbursement for rent constituting property taxes paid 29 shall be paid until they can no longer be paid at the estimated 30 percentage of funding. Rent reimbursement claims filed after 31 that point in time shall receive priority and shall be paid in 32 the following fiscal year. 33 Sec. 59. TAXPAYER RELIEF FUND —— APPROPRIATION. There 34 is appropriated from the taxpayer relief fund created in 35 -36- HF2643.4514.S (1) 88 mb 36/ 56
section 8.57E to the department of revenue for the fiscal year 1 beginning July 1, 2020, and ending June 30, 2021, the following 2 amounts, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 1. For reimbursement for the homestead property tax credit 5 under section 425.1: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,799,690 7 2. For implementing the elderly and disabled tax credit and 8 reimbursement pursuant to sections 425.16 through 425.40: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,460,000 10 Sec. 60. RETROACTIVE APPLICABILITY. This division of this 11 Act, if approved by the governor after June 26, 2020, applies 12 retroactively to June 26, 2020. 13 DIVISION XV 14 CORRECTIVE PROVISIONS 15 Sec. 61. Section 100B.41, as enacted by 2020 Iowa Acts, 16 Senate File 2259, section 1, is amended to read as follows: 17 100B.41 Donation of fire fighting, emergency medical 18 response, and law enforcement equipment. 19 A fire department, emergency medical services provider, or 20 law enforcement agency may donate used vehicles or equipment 21 to an organization that provides fire response or emergency 22 medical services, or to a law enforcement agency. An entity 23 making a good faith donation of equipment pursuant to this 24 subsection section shall be immune from civil liability from 25 any claim arising from the performance, failure to perform, 26 nature, age, condition, or packaging of any vehicle or 27 equipment used in fire fighting, emergency medical response, 28 or law enforcement. 29 Sec. 62. Section 124E.9, subsection 15, if enacted by 2020 30 Iowa Acts, House File 2589, section 20, is amended to read as 31 follows: 32 15. A medical cannabidiol dispensary may dispense more 33 than a combined total of four and one-half grams of total 34 tetrahydrocannabinol to a patient and the patient’s primary 35 -37- HF2643.4514.S (1) 88 mb 37/ 56
caregiver in a ninety-day period if any of the following apply: 1 a. The health care practitioner who certified the patient to 2 receive a medical cannabidiol registration card certifies that 3 patient’s debilitating medical condition is a terminal illness 4 with a life expectancy of less than one year. A certification 5 issued pursuant to this paragraph shall include a total 6 tetrahydrocannabinol cap deemed appropriate by the patient’s 7 health care practitioner. 8 b. The health care practitioner who certified the patient 9 to receive a medical cannabidiol registration card certifies 10 that the patient has participated in the medical cannabidiol 11 program and that the health care practitioner has determined 12 that four and one-half grams of total tetrahydrocannabinol 13 in a ninety-day period is insufficient to treat the 14 patient’s debilitating medical condition. A certification 15 issued pursuant to this paragraph shall include a total 16 tetrahydrocannabinol cap deemed appropriate by the patient’s 17 health care practitioner. 18 Sec. 63. Section 218.70, Code 2020, as amended by 2020 Iowa 19 Acts, House File 2536, section 78, if enacted, is amended to 20 read as follows: 21 218.70 Payment to party entitled. 22 Moneys transmitted to the treasurer or of state under 23 section 218.68 shall be paid, at any time within ten years 24 from the death of the intestate, to any person who is shown 25 to be entitled thereto. Payment shall be made from the state 26 treasury out of the support fund of such institution in the 27 manner provided for the payment of other claims from that fund. 28 Sec. 64. Section 260C.48, subsection 1, paragraph a, 29 subparagraph (2), Code 2020, as enacted by 2020 Iowa Acts, 30 House File 2454, section 1, is amended to read as follows: 31 (2) For purposes of subparagraph (1), subparagraph 32 divisions (b) and (c), if the instructor is a licensed 33 practitioner who holds a career and technical endorsement under 34 chapter 272 , relevant work experience in the occupational area 35 -38- HF2643.4514.S (1) 88 mb 38/ 56
includes but is not limited to classroom instruction in a 1 career and technical education subject area offered by a school 2 district or accredited nonpublic school. 3 Sec. 65. Section 321.279, subsection 2, paragraph b, as 4 enacted by 2020 Iowa Acts, Senate File 2275, section 1, is 5 amended to read as follows: 6 b. The driver of a motor vehicle who commits a violation 7 under this section subsection and who has previously committed 8 a violation under this section subsection or subsection 3 is, 9 upon conviction, guilty of a class “D” felony. 10 Sec. 66. Section 514C.35, subsection 4, paragraph d, 11 subparagraph (1), if enacted by 2020 Iowa Acts, Senate File 12 2261, section 5, is amended to read as follows: 13 (1) A any Any school, other than a public school, that is 14 accredited pursuant to section 256.11 for any and all levels 15 for grades one through twelve. 16 Sec. 67. Section 709.23, subsection 2, if enacted by 2020 17 Iowa Acts, House File 2554, section 4, is amended to read as 18 follows: 19 2. A person who commits continuous sexual abuse of a 20 child is, upon conviction, guilty of a class “B” felony. 21 Notwithstanding section 902.9, subsection 1, paragraph “b” , 22 a person convicted of a violation of this subsection section 23 involving any combination of three or more acts of sexual abuse 24 that includes a violation of section 709.3 or 709.4 shall be 25 confined for no more than fifty years. 26 Sec. 68. 2020 Iowa Acts, Senate File 2357, section 9, 27 subsection 2, paragraph b, subparagraph (1), subparagraph 28 division (a), is amended to read as follows: 29 (a) Review of requirements. The supervising physician and 30 the physician assistant shall review all of the requirements 31 of physician assistant licensure, practice, supervision, and 32 delegation of medical services as set forth in section 148.13 33 and chapter 148C, the Iowa administrative code chapter chapters 34 under 653 IAC , and 645 IAC chapters 326 to 329. 35 -39- HF2643.4514.S (1) 88 mb 39/ 56
Sec. 69. 2020 Iowa Acts, Senate File 2357, section 10, 1 subsection 1, unnumbered paragraph 1, is amended to read as 2 follows: 3 The Notwithstanding section 148C.5, the board of physician 4 assistants shall rescind all of the following: 5 Sec. 70. EFFECTIVE DATE. This division of this Act, being 6 deemed of immediate importance, takes effect upon enactment. 7 Sec. 71. RETROACTIVE APPLICABILITY. The following apply 8 retroactively to March 18, 2020: 9 1. The section of this division of this Act amending 2020 10 Iowa Acts, Senate File 2357, section 9. 11 2. The section of this division of this Act amending 2020 12 Iowa Acts, Senate File 2357, section 10. 13 DIVISION XVI 14 IOWA STATE FAIR BOARD —— BOND AUTHORIZATION 15 Sec. 72. IOWA STATE FAIR BOARD —— BOND AUTHORIZATION. If 16 the Iowa state fair board decides not to hold the Iowa state 17 fair for the fiscal year beginning July 1, 2020, and ending 18 June 30, 2021, the Iowa state fair board is authorized to 19 issue and sell negotiable revenue bonds of the Iowa state fair 20 authority pursuant to section 173.14B during the fiscal year 21 for purposes of providing sufficient funds for the advancement 22 of any of its corporate purposes, including salaries, support, 23 maintenance, and miscellaneous purposes. 24 DIVISION XVII 25 IOWA LAW ENFORCEMENT ACADEMY —— RELOCATION 26 Sec. 73. 2019 Iowa Acts, chapter 163, section 10, subsection 27 1, paragraph a, subparagraph (2), is amended to read as 28 follows: 29 (2) For the costs associated with temporary relocation of 30 the Iowa law enforcement academy: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,015,442 32 Notwithstanding section 8.33, moneys appropriated in this 33 subparagraph that remain unencumbered or unobligated at the 34 close of the fiscal year shall not revert but shall remain 35 -40- HF2643.4514.S (1) 88 mb 40/ 56
available for expenditure for the purposes designated until the 1 close of the fiscal year that begins July 1, 2020. 2 Sec. 74. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 Sec. 75. RETROACTIVE APPLICABILITY. This division of this 5 Act, if approved by the governor on or after July 1, 2020, 6 applies retroactively to June 30, 2020. 7 DIVISION XVIII 8 NONPUBLIC SCHOOL CONCURRENT ENROLLMENT 9 Sec. 76. 2019 Iowa Acts, chapter 135, section 5, subsection 10 27, is amended to read as follows: 11 27. NONPUBLIC SCHOOL CONCURRENT ENROLLMENT PAYMENTS TO 12 COMMUNITY COLLEGES 13 For payments to community colleges for the concurrent 14 enrollment of accredited nonpublic students under section 15 261E.8, subsection 2 , paragraph “b”, if enacted by 2019 Iowa 16 Acts, Senate File 603 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 18 Notwithstanding section 8.33, moneys appropriated in this 19 subsection that remain unencumbered or unobligated at the close 20 of the fiscal year shall not revert but shall remain available 21 for expenditure for the purposes designated until the close of 22 the fiscal year that begins July 1, 2020. 23 Sec. 77. NONREVERSION NOT APPLICABLE TO FY 2020-2021. The 24 specified nonreversion provision set forth in 2019 Iowa Acts, 25 chapter 135, section 5, subsection 27, as amended in this 26 division of this Act, is not applicable to the associated 27 appropriation made for the fiscal year beginning July 1, 2020, 28 and ending June 30, 2021, notwithstanding section 1 of this 29 Act. 30 Sec. 78. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 Sec. 79. RETROACTIVE APPLICABILITY. This division of this 33 Act, if approved by the governor on or after July 1, 2020, 34 applies retroactively to June 30, 2020. 35 -41- HF2643.4514.S (1) 88 mb 41/ 56
DIVISION XIX 1 RESOURCE ENHANCEMENT AND PROTECTION 2 Sec. 80. Section 455A.18, subsection 3, paragraph a, Code 3 2020, is amended to read as follows: 4 a. For each fiscal year of the fiscal period beginning 5 July 1, 1997, and ending June 30, 2021 2023 , there is 6 appropriated from the general fund, to the Iowa resources 7 enhancement and protection fund, the amount of twenty million 8 dollars, to be used as provided in this chapter . However, 9 in any fiscal year of the fiscal period, if moneys from the 10 lottery are appropriated by the state to the fund, the amount 11 appropriated under this subsection shall be reduced by the 12 amount appropriated from the lottery. 13 DIVISION XX 14 CLERKS OF THE DISTRICT COURT 15 Sec. 81. Section 602.1215, subsection 1, Code 2020, is 16 amended to read as follows: 17 1. Subject to the provisions of section 602.1209, 18 subsection 3 , the district judges of each judicial election 19 district shall by majority vote appoint persons to serve as 20 clerks of the district court within the judicial election 21 district. The district judges of a judicial election district 22 may appoint a person to serve as clerk of the district court 23 for more than one but not more than four contiguous counties 24 county in the same judicial district. A person does not 25 qualify for appointment to the office of clerk of the district 26 court unless the person is at the time of application a 27 resident of the state. A clerk of the district court may 28 be removed from office for cause by the chief judge of the 29 judicial district, after consultation with the district judges 30 of the judicial election district. Prior to removal, the 31 clerk of the district court shall be notified of the cause for 32 removal. 33 DIVISION XXI 34 DEPARTMENT OF PUBLIC SAFETY APPROPRIATION —— FY 2019-2020 35 -42- HF2643.4514.S (1) 88 mb 42/ 56
Sec. 82. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 1 from the general fund of the state to the department of public 2 safety for the fiscal year beginning July 1, 2019, and ending 3 June 30, 2020, the following amount, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 For overtime expenses, including salaries, support, 6 maintenance, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 8 Notwithstanding section 8.33, moneys appropriated in this 9 section that remain unencumbered or unobligated at the close of 10 the fiscal year shall not revert but shall remain available for 11 expenditure for the purposes designated until the close of the 12 fiscal year that begins July 1, 2020. 13 Sec. 83. APPROPRIATION NOT APPLICABLE TO FY 2020-2021. The 14 appropriation set forth in this division of this Act shall not 15 be made for the fiscal year beginning July 1, 2020, and ending 16 June 30, 2021, notwithstanding section 1 of this Act. 17 Sec. 84. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 Sec. 85. RETROACTIVE APPLICABILITY. This division of this 20 Act, if approved by the governor on or after July 1, 2020, 21 applies retroactively to June 30, 2020. 22 DIVISION XXII 23 ALARM SYSTEM CONTRACTORS —— FEES AND FINES 24 Sec. 86. Section 100C.1, Code 2020, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 8A. “False alarm” means the activation of 27 an alarm system when a situation requiring emergency response 28 does not actually exist. For purposes of this chapter, “false 29 alarm” does not include the activation of an alarm system as a 30 result of weather conditions. 31 Sec. 87. Section 100C.6, subsection 1, Code 2020, is amended 32 to read as follows: 33 1. Relieve any person from payment of any local permit or 34 building fee , except as provided in section 100C.11 . 35 -43- HF2643.4514.S (1) 88 mb 43/ 56
Sec. 88. NEW SECTION . 100C.11 Alarm systems —— fees or 1 fines —— limitations. 2 A political subdivision shall not adopt or enforce an 3 ordinance, resolution, rule, or other measure requiring an 4 alarm system contractor to pay a fee or fine associated with 5 any of the following: 6 1. False alarms. 7 2. Emergency response to false alarms. 8 3. Permits associated with placing or keeping an alarm 9 system in service, not including any installation permits 10 required by the political subdivision’s building code. 11 Sec. 89. NEW SECTION . 100C.12 Collection of fees. 12 1. If, prior to the effective date of this division of this 13 Act, an alarm system contractor charged its customers an amount 14 equal to the costs the political subdivision of the state 15 imposed on the alarm system contractor for permits associated 16 with placing or keeping an alarm in service, as shown on a 17 separate line item on the customer’s invoice, the alarm system 18 contractor may continue to collect from its customers such fees 19 until December 31, 2020. The alarm system contractor shall 20 pay to the political subdivision of the state or its designee 21 the fees collected under this section in accordance with the 22 instructions of the political subdivision or the political 23 subdivision’s designee. 24 2. Fees collected by an alarm system contractor under 25 this section shall not be subject to audit by a political 26 subdivision or the political subdivision’s designee. 27 Sec. 90. EFFECTIVE DATE. This division of this Act, being 28 deemed of immediate importance, takes effect upon enactment. 29 DIVISION XXIII 30 ECONOMIC DEVELOPMENT AUTHORITY 31 Sec. 91. 2019 Iowa Acts, chapter 154, section 3, subsection 32 1, paragraph b, is amended by adding the following new 33 subparagraph: 34 NEW SUBPARAGRAPH . (7) For technical assistance to 35 -44- HF2643.4514.S (1) 88 mb 44/ 56
communications service providers in completing applications for 1 federal funds, or any other funds from any public or private 2 sources, related to improving broadband infrastructure. 3 Sec. 92. POWERS APPLICABLE TO FY 2020-2021. The powers set 4 forth in 2019 Iowa Acts, chapter 154, section 3, subsection 5 1, paragraph b, as amended in this division of this Act, are 6 applicable to the associated appropriation made for the fiscal 7 year beginning July 1, 2020, and ending June 30, 2021, pursuant 8 to section 1 of this Act. 9 Sec. 93. INSURANCE ECONOMIC DEVELOPMENT. From the 10 moneys collected by the insurance division in excess of the 11 anticipated gross revenues under section 505.7, subsection 12 3, during the fiscal year beginning July 1, 2020, $100,000 13 shall be transferred to the economic development authority for 14 insurance economic development and international insurance 15 economic development. 16 Sec. 94. UNEMPLOYMENT COMPENSATION 17 PROGRAM. Notwithstanding section 96.9, subsection 4, paragraph 18 “a”, moneys credited to the state by the secretary of the 19 treasury of the United States pursuant to section 903 of the 20 Social Security Act are appropriated to the department of 21 workforce development and shall be used by the department for 22 the administration of the unemployment compensation program 23 only. This appropriation shall not apply to any fiscal year 24 beginning after December 31, 2020. 25 Sec. 95. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 Sec. 96. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to July 1, 2019: 29 The section of this division of this Act enacting 2019 30 Iowa Acts, chapter 154, section 3, subsection 1, paragraph b, 31 subparagraph (7). 32 DIVISION XXIV 33 CONTINGENT APPROPRIATIONS —— FY 2020-2021 34 Sec. 97. COLLEGE STUDENT AID COMMISSION. There is 35 -45- HF2643.4514.S (1) 88 mb 45/ 56
appropriated from the general fund of the state to the college 1 student aid commission for the fiscal year beginning July 1, 2 2020, and ending June 30, 2021, the following amount, or so 3 much thereof as is necessary, to be used for the purposes 4 designated: 5 For implementation of 2020 Iowa Acts, House File 2629, 6 if enacted, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,000 9 Sec. 98. COLLEGE STUDENT AID COMMISSION. There is 10 appropriated from the general fund of the state to the college 11 student aid commission for the fiscal year beginning July 1, 12 2020, and ending June 30, 2021, the following amount, or so 13 much thereof as is necessary, to be used for the purposes 14 designated: 15 For implementation of 2020 Iowa Acts, Senate File 2398, 16 if enacted, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 19 Sec. 99. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 20 from the general fund of the state to the department of public 21 safety for the fiscal year beginning July 1, 2020, and ending 22 June 30, 2021, the following amount, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 For implementation of 2020 Iowa Acts, House File 2581, as 25 amended in this Act, if enacted, including salaries, support, 26 maintenance, and miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 411,000 28 Sec. 100. IOWA LAW ENFORCEMENT ACADEMY. There is 29 appropriated from the general fund of the state to the Iowa 30 law enforcement academy for the fiscal year beginning July 31 1, 2020, and ending June 30, 2021, the following amount, or 32 so much thereof as is necessary, to be used for the purposes 33 designated: 34 For implementation of 2020 Iowa Acts, House File 2647, 35 -46- HF2643.4514.S (1) 88 mb 46/ 56
if enacted, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 3 Sec. 101. CONTINGENT REPEAL. The section of this division 4 of this Act appropriating moneys to the college student aid 5 commission for implementation of 2020 Iowa Acts, House File 6 2629, is repealed if 2020 Iowa Acts, House File 2629, is not 7 enacted. 8 Sec. 102. CONTINGENT EFFECTIVE DATE. The following takes 9 effect on the effective date of 2020 Iowa Acts, Senate File 10 2398, if enacted: 11 The section of this division of this Act appropriating 12 moneys to the college student aid commission for implementation 13 of 2020 Iowa Acts, Senate File 2398. 14 Sec. 103. CONTINGENT EFFECTIVE DATE. The following takes 15 effect on the effective date of 2020 Iowa Acts, House File 16 2581, as amended in this Act, if enacted: 17 The section of this division of this Act appropriating 18 moneys to the department of public safety. 19 Sec. 104. CONTINGENT EFFECTIVE DATE. The following takes 20 effect on the effective date of 2020 Iowa Acts, House File 21 2647, if enacted: 22 The section of this division of this Act appropriating 23 moneys to the Iowa law enforcement academy. 24 DIVISION XXV 25 ADJUSTMENT TO SCHOOL FOUNDATION AID 26 Sec. 105. ADJUSTMENT TO STATE FOUNDATION AID FOR SCHOOL 27 BUDGET YEAR 2020-2021. 28 1. If a school district was required to repay property 29 taxes paid or had a reduction in property taxes due for school 30 taxes levied for the school budget year beginning July 1, 2019, 31 on a property that received an assessed value reduction for 32 the assessment year beginning January 1, 2018, by action of 33 the board of review or property assessment appeal board, or 34 by judicial action, and the amount of the reduction for the 35 -47- HF2643.4514.S (1) 88 mb 47/ 56
property exceeded $47,000,000, the school district is eligible 1 for an adjustment in state foundation aid for the budget year 2 beginning July 1, 2020. 3 2. To receive the adjustment in state foundation aid, the 4 school district shall apply to the department of management 5 within thirty days following the effective date of this 6 division of this Act and section 257.12, subsection 3, shall 7 not apply. The department of management shall determine the 8 amount of adjustment in state foundation aid pursuant to 9 subsection 3. 10 3. The department of management shall determine the amount 11 of state foundation aid which the school district would 12 have received under section 257.1 for the school budget year 13 beginning July 1, 2019, in the manner provided in section 14 257.12, subsection 2. The adjustment in state foundation aid 15 under this section shall be paid as provided in section 257.16. 16 Sec. 106. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION XXVI 19 HEMP REGULATION 20 Sec. 107. REPEAL. 2020 Iowa Acts, House File 2581, section 21 19, if enacted, is repealed. 22 Sec. 108. 2020 Iowa Acts, House File 2581, if enacted, is 23 amended by adding the following new section: 24 NEW SECTION . 19A. EFFECTIVE DATE. This Act, being deemed 25 of immediate importance, takes effect upon enactment. 26 Sec. 109. RETROACTIVE APPLICABILITY. The following applies 27 retroactively to the effective date of 2020 Iowa Acts, House 28 File 2581, as amended in this division of this Act, if enacted: 29 The section of this division of this Act repealing 2020 Iowa 30 Acts, House File 2581, section 19. 31 DIVISION XXVII 32 GRAIN REGULATION 33 Sec. 110. APPROPRIATION. There is appropriated from the 34 general fund of the state to the department of agriculture 35 -48- HF2643.4514.S (1) 88 mb 48/ 56
and land stewardship for the fiscal year beginning July 1, 1 2020, and ending June 30, 2021, the following amount, or so 2 much thereof as is necessary, to be used for the purposes 3 designated: 4 For the administration and enforcement of chapters 203 5 and 203C, including salaries, support, maintenance, and 6 miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,000 8 Sec. 111. SUSPENSION. Notwithstanding section 203D.5, 9 the fees described in that section shall not be assessable or 10 owing. 11 Sec. 112. REPEAL. The section of this division of this Act 12 suspending fees under section 203D.5 is repealed on March 1, 13 2021. 14 Sec. 113. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 DIVISION XXVIII 17 RETURNS ON SEARCH WARRANTS 18 Sec. 114. Section 808.8, subsection 2, Code 2020, is amended 19 to read as follows: 20 2. The officer must file, with the officer’s return, a 21 complete inventory of the property taken, and state under oath 22 including a sworn statement that it is accurate to the best of 23 the officer’s knowledge. The magistrate must, if requested, 24 deliver a copy of the inventory of seized property to the 25 person from whose possession it was taken and to the applicant 26 for the warrant. 27 Sec. 115. CONTINGENT EFFECTIVE DATE. This division of this 28 Act takes effect on the effective date of rules prescribed by 29 the supreme court and submitted to the legislative council 30 pursuant to section 602.4202, that establish processes and 31 procedures for the application and issuance of a search warrant 32 by electronic means to implement 2017 Iowa Acts, chapter 37. 33 DIVISION XXIX 34 COUNTY ZONING 35 -49- HF2643.4514.S (1) 88 mb 49/ 56
Sec. 116. Section 335.8, subsection 1, Code 2020, as amended 1 by 2020 Iowa Acts, House File 2512, section 3, is amended to 2 read as follows: 3 1. In order to avail itself of the powers conferred by this 4 chapter , the board of supervisors shall appoint a commission 5 consisting of eligible electors, as defined in section 39.3, 6 who reside within the area regulated by the county zoning 7 ordinance county, but outside the corporate limits of any city , 8 to be known as the county zoning commission. The commission 9 may recommend the boundaries of the various districts and 10 appropriate regulations and restrictions to be enforced in 11 the districts. The commission shall, with due diligence, 12 prepare a preliminary report and hold public hearings on the 13 preliminary report before submitting the commission’s final 14 report. The board of supervisors shall not hold its public 15 hearings or take action until it has received the final report 16 of the commission. After the adoption of the regulations, 17 restrictions, and boundaries of districts, the zoning 18 commission may, from time to time, recommend to the board of 19 supervisors amendments, supplements, changes, or modifications. 20 The commission’s report and any recommendations may include a 21 proposed ordinance or amendments to an ordinance. 22 Sec. 117. Section 335.11, Code 2020, as amended by 2020 23 Iowa Acts, House File 2512, section 4, is amended to read as 24 follows: 25 335.11 Membership of board. 26 The board of adjustment shall consist of five members who 27 are eligible electors, as defined in section 39.3, and who 28 reside within the area regulated by the county zoning ordinance 29 county, but outside the corporate limits of any city , each to 30 be appointed for a term of five years, excepting that when the 31 board shall first be created one member shall be appointed for 32 a term of five years, one for a term of four years, one for a 33 term of three years, one for a term of two years, and one for 34 a term of one year. Members shall be removable for cause by 35 -50- HF2643.4514.S (1) 88 mb 50/ 56
the appointing authority upon written charges and after public 1 hearing. Vacancies shall be filled for the unexpired term of 2 any member whose term becomes vacant. 3 Sec. 118. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 Sec. 119. RETROACTIVE APPLICABILITY. This division of this 6 Act applies retroactively to June 1, 2020, to members of county 7 zoning commissions and county boards of adjustment holding 8 office on or after that date. 9 DIVISION XXX 10 COLLEGE STUDENT AID COMMISSION 11 Sec. 120. 2019 Iowa Acts, chapter 154, section 17, 12 subsection 1, paragraph d, is amended to read as follows: 13 d. COLLEGE STUDENT AID COMMISSION 14 For deposit in the future ready Iowa skilled workforce grant 15 fund established pursuant to section 261.132 , as enacted by 16 2018 Iowa Acts, chapter 1067, section 13 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 18 Of the moneys appropriated in this lettered paragraph, 19 $600,000 shall be transferred to the future ready Iowa skilled 20 workforce last-dollar scholarship fund created in section 21 261.131. 22 Sec. 121. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 Sec. 122. RETROACTIVE APPLICABILITY. This division of this 25 Act applies retroactively to July 1, 2019. 26 DIVISION