Senate File 2273 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2273
  1  2
  1  3                             AN ACT
  1  4 RELATING TO FINANCIAL AND REGULATORY MATTERS BY MAKING AND
  1  5    REVISING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1,
  1  6    2005, AND PROVIDING AN EFFECTIVE DATE.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10                           DIVISION I
  1 11                            EDUCATION
  1 12    Section 1.  STATE BOARD OF REGENTS == UNIVERSITY OF
  1 13 NORTHERN IOWA'S GILCHRIST HALL.  There is appropriated from
  1 14 the rebuild Iowa infrastructure fund to the state board of
  1 15 regents for the fiscal year beginning July 1, 2005, and ending
  1 16 June 30, 2006, the following amount, or so much thereof as is
  1 17 necessary, to be used for the purpose designated:
  1 18    For repair and restoration of Gilchrist hall at the
  1 19 university of northern Iowa:
  1 20 .................................................. $  2,000,000
  1 21    Notwithstanding section 8.33, moneys appropriated in this
  1 22 section that remain unencumbered or unobligated at the close
  1 23 of the fiscal year shall revert at the close of the fiscal
  1 24 year beginning July 1, 2007.  However, if the projects for
  1 25 which the moneys are appropriated are completed in an earlier
  1 26 fiscal year, unencumbered or unobligated moneys shall revert
  1 27 at the close of that fiscal year.
  1 28                           DIVISION II
  1 29                    HEALTH AND HUMAN SERVICES
  1 30               MENTAL HEALTH INSTITUTE AT CLARINDA
  1 31    Sec. 2.  2005 Iowa Acts, chapter 175, section 21,
  1 32 subsection 2, is amended to read as follows:
  1 33    2.  For the state mental health institute at Clarinda for
  1 34 salaries, support, maintenance, and miscellaneous purposes,
  1 35 and for not more than the following full=time equivalent
  2  1 positions:
  2  2 .................................................. $  7,439,591
  2  3                                                       7,689,591
  2  4 ............................................... FTEs     113.15
  2  5                          DIVISION III
  2  6                         JUSTICE SYSTEM
  2  7             DEPARTMENT OF CORRECTIONS == FACILITIES
  2  8    Sec. 3.  2005 Iowa Acts, chapter 174, section 4, subsection
  2  9 1, is amended to read as follows:
  2 10    1.  There is appropriated from the general fund of the
  2 11 state to the department of corrections for the fiscal year
  2 12 beginning July 1, 2005, and ending June 30, 2006, the
  2 13 following amounts, or so much thereof as is necessary, to be
  2 14 used for the purposes designated:
  2 15    For the operation of adult correctional institutions,
  2 16 reimbursement of counties for certain confinement costs, and
  2 17 federal prison reimbursement, to be allocated as follows:
  2 18    a.  For the operation of the Fort Madison correctional
  2 19 facility, including salaries, support, maintenance, and
  2 20 miscellaneous purposes:
  2 21 .................................................. $ 38,840,761
  2 22                                                      40,398,034
  2 23    b.  For the operation of the Anamosa correctional facility,
  2 24 including salaries, support, maintenance, and miscellaneous
  2 25 purposes:
  2 26 .................................................. $ 27,199,702
  2 27                                                      27,345,641
  2 28    Moneys are provided within this appropriation for one full=
  2 29 time substance abuse counselor for the Luster Heights
  2 30 facility, for the purpose of certification of a substance
  2 31 abuse program at that facility.
  2 32    c.  For the operation of the Oakdale correctional facility,
  2 33 including salaries, support, maintenance, and miscellaneous
  2 34 purposes:
  2 35 .................................................. $ 25,650,778
  3  1                                                      25,856,042
  3  2    d.  For the operation of the Newton correctional facility,
  3  3 including salaries, support, maintenance, and miscellaneous
  3  4 purposes:
  3  5 .................................................. $ 24,916,132
  3  6                                                      25,085,801
  3  7    e.  For the operation of the Mt. Pleasant correctional
  3  8 facility, including salaries, support, maintenance, and
  3  9 miscellaneous purposes:
  3 10 .................................................. $ 23,694,840
  3 11                                                      23,779,085
  3 12    f.  For the operation of the Rockwell City correctional
  3 13 facility, including salaries, support, maintenance, and
  3 14 miscellaneous purposes:
  3 15 .................................................. $  8,039,378
  3 16                                                       8,088,024
  3 17    g.  For the operation of the Clarinda correctional
  3 18 facility, including salaries, support, maintenance, and
  3 19 miscellaneous purposes:
  3 20 .................................................. $ 22,853,497
  3 21                                                      22,970,960
  3 22    Moneys received by the department of corrections as
  3 23 reimbursement for services provided to the Clarinda youth
  3 24 corporation are appropriated to the department and shall be
  3 25 used for the purpose of operating the Clarinda correctional
  3 26 facility.
  3 27    h.  For the operation of the Mitchellville correctional
  3 28 facility, including salaries, support, maintenance, and
  3 29 miscellaneous purposes:
  3 30 .................................................. $ 13,867,603
  3 31                                                      13,935,233
  3 32    i.  For the operation of the Fort Dodge correctional
  3 33 facility, including salaries, support, maintenance, and
  3 34 miscellaneous purposes:
  3 35 .................................................. $ 26,244,693
  4  1                                                      26,368,089
  4  2    j.  For reimbursement of counties for temporary confinement
  4  3 of work release and parole violators, as provided in sections
  4  4 901.7, 904.908, and 906.17 and for offenders confined pursuant
  4  5 to section 904.513:
  4  6 .................................................. $    674,954
  4  7                                                         799,954
  4  8    k.  For federal prison reimbursement, reimbursements for
  4  9 out=of=state placements, and miscellaneous contracts:
  4 10 .................................................. $    241,293
  4 11           DEPARTMENT OF CORRECTIONS == ADMINISTRATION
  4 12    Sec. 4.  2005 Iowa Acts, chapter 174, section 5, subsection
  4 13 1, paragraph a, unnumbered paragraph 1, is amended to read as
  4 14 follows:
  4 15    For general administration, including salaries, support,
  4 16 maintenance, employment of an education director to administer
  4 17 a centralized education program for the correctional system,
  4 18 and miscellaneous purposes:
  4 19 .................................................. $  2,829,708
  4 20                                                       3,454,708
  4 21                      STATE PUBLIC DEFENDER
  4 22    Sec. 5.  2005 Iowa Acts, chapter 174, section 10,
  4 23 subsection 2, is amended to read as follows:
  4 24    2.  For the fees of court=appointed attorneys for indigent
  4 25 adults and juveniles, in accordance with section 232.141 and
  4 26 chapter 815:
  4 27 .................................................. $ 21,163,082
  4 28                                                      25,163,082
  4 29                   DEPARTMENT OF PUBLIC SAFETY
  4 30    Sec. 6.  2005 Iowa Acts, chapter 174, section 14,
  4 31 subsections 1 and 2, are amended to read as follows:
  4 32    1.  For the department's administrative functions,
  4 33 including the criminal justice information system, and for not
  4 34 more than the following full=time equivalent positions:
  4 35 .................................................. $  3,073,274
  5  1                                                       3,473,274
  5  2 ............................................... FTEs      38.00
  5  3    2.  For the division of criminal investigation and bureau
  5  4 of identification, including the state's contribution to the
  5  5 peace officers' retirement, accident, and disability system
  5  6 provided in chapter 97A in the amount of 17 percent of the
  5  7 salaries for which the funds are appropriated, to meet federal
  5  8 fund matching requirements, and for not more than the
  5  9 following full=time equivalent positions:
  5 10 .................................................. $ 14,760,898
  5 11                                                      15,760,898
  5 12 ............................................... FTEs     228.50
  5 13                                                          257.50
  5 14                           DIVISION IV
  5 15                          MISCELLANEOUS
  5 16    Sec. 7.  Section 7D.29, Code 2005, is amended to read as
  5 17 follows:
  5 18    7D.29  PERFORMANCE OF DUTY == EXPENSE.
  5 19    1.  The executive council shall not employ others, or incur
  5 20 any expense, for the purpose of performing any duty imposed
  5 21 upon the council when the duty may, without neglect of their
  5 22 usual duties, be performed by the members, or by their regular
  5 23 employees, but, subject to this limitation, the council may
  5 24 incur the necessary expense to perform or cause to be
  5 25 performed any legal duty imposed on the council, and pay the
  5 26 same out of any money in the state treasury not otherwise
  5 27 appropriated.
  5 28    2.  At least two weeks prior to the executive council's
  5 29 approval of a payment authorization under this section, the
  5 30 secretary of the executive council shall notify the
  5 31 legislative services agency that the authorization request
  5 32 will be considered by the executive council and shall provide
  5 33 background information justifying the request.
  5 34    3.  The duties of the executive council under subsection 1
  5 35 shall include but are not limited to the authority provided by
  6  1 this subsection.  If repairs to state property are necessary
  6  2 on an emergency basis in order to address health or safety
  6  3 considerations and if sufficient funds for making the repairs
  6  4 have not been appropriated to the state department responsible
  6  5 for the state property or are not otherwise available for such
  6  6 purposes within the budget of the state department, the
  6  7 executive council may authorize payment for the expenses
  6  8 needed by the state department for repairing the state
  6  9 property.  This subsection is repealed June 30, 2008.
  6 10    Sec. 8.  Section 476C.3, subsection 3, Code Supplement
  6 11 2005, is amended to read as follows:
  6 12    3.  A facility that is not operational within eighteen
  6 13 months after issuance of an approval for the facility by the
  6 14 board shall cease to be an eligible renewable energy facility.
  6 15 However, a wind energy conversion facility that is approved as
  6 16 eligible under this section but is not operational within
  6 17 eighteen months due to the unavailability of necessary
  6 18 equipment shall be granted an additional twelve months to
  6 19 become operational.  A facility that is granted and thereafter
  6 20 loses approval may reapply to the board for a new
  6 21 determination.
  6 22                           DIVISION V
  6 23                         EFFECTIVE DATE
  6 24    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of
  6 25 immediate importance, takes effect upon enactment.
  6 26
  6 27
  6 28                                                             
  6 29                               JOHN P. KIBBIE
  6 30                               President of the Senate
  6 31
  6 32
  6 33                                                             
  6 34                               CHRISTOPHER C. RANTS
  6 35                               Speaker of the House
  7  1
  7  2    I hereby certify that this bill originated in the Senate and
  7  3 is known as Senate File 2273, Eighty=first General Assembly.
  7  4
  7  5
  7  6                                                             
  7  7                               MICHAEL E. MARSHALL
  7  8                               Secretary of the Senate
  7  9 Approved                , 2006
  7 10
  7 11
  7 12                                
  7 13 THOMAS J. VILSACK
  7 14 Governor