House File 700
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to public expenditure and regulatory matters,
2 compensating public employees, making and reducing
3 appropriations, providing for related matters, making
4 penalties applicable, and providing effective dates.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1133HV 80
7 mg/sh/8
PAG LIN
1 1 DIVISION I
1 2 MH/MR/DD ALLOWED GROWTH
1 3 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
1 4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
1 5 AND ALLOCATIONS == FISCAL YEAR 2004=2005.
1 6 1. There is appropriated from the general fund of the
1 7 state to the department of human services for the fiscal year
1 8 beginning July 1, 2004, and ending June 30, 2005, the
1 9 following amount, or so much thereof as is necessary, to be
1 10 used for the purpose designated:
1 11 For distribution to counties of the county mental health,
1 12 mental retardation, and developmental disabilities allowed
1 13 growth factor adjustment, as provided in this section in lieu
1 14 of the provisions of section 331.438, subsection 2, and
1 15 section 331.439, subsection 3, and chapter 426B:
1 16 .................................................. $ 23,738,749
1 17 2. The funding appropriated in this section is the allowed
1 18 growth factor adjustment for fiscal year 2004=2005, and is
1 19 allocated as follows:
1 20 a. For distribution as provided by law:
1 21 .................................................. $ 21,738,749
1 22 b. For deposit in the risk pool created in the property
1 23 tax relief fund and for distribution in accordance with
1 24 section 426B.5, subsection 2:
1 25 .................................................. $ 2,000,000
1 26 DIVISION II
1 27 STANDING APPROPRIATIONS == REDUCTIONS
1 28 Sec. 2. GENERAL ASSEMBLY. The appropriations made
1 29 pursuant to section 2.12 for the expenses of the general
1 30 assembly and legislative agencies for the fiscal year
1 31 beginning July 1, 2003, and ending June 30, 2004, are reduced
1 32 by the following amount:
1 33 .................................................. $ 2,000,000
1 34 Sec. 3. REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding
1 35 section 8.56, subsection 4, there is appropriated from the
2 1 cash reserve fund to the rebuild Iowa infrastructure fund
2 2 created in section 8.57 for the fiscal year beginning July 1,
2 3 2002, and ending June 30, 2003, the following amount:
2 4 .................................................. $ 2,150,000
2 5 Sec. 4. ENVIRONMENT FIRST FUND. Notwithstanding the
2 6 amount of the standing appropriation from the rebuild Iowa
2 7 infrastructure fund under section 8.57A, subsection 4, there
2 8 is appropriated from the rebuild Iowa infrastructure fund to
2 9 the environment first fund, in lieu of the appropriation made
2 10 in section 8.57A, for the fiscal year beginning July 1, 2002,
2 11 and ending June 30, 2003, the following amount:
2 12 .................................................. $ 18,445,000
2 13 Sec. 5. AT=RISK CHILDREN PROGRAMS. Notwithstanding the
2 14 standing appropriation in section 279.51, subsection 1, the
2 15 amount appropriated from the general fund of the state under
2 16 section 279.51, subsection 1, to the department of education
2 17 for the fiscal year beginning July 1, 2003, and ending June
2 18 30, 2004, is reduced by the following amount:
2 19 .................................................. $ 1,000,000
2 20 The amount of the reduction in this section shall be
2 21 prorated among the programs specified in section 279.51,
2 22 subsection 1, paragraphs "a", "b", and "c".
2 23 Sec. 6. PUBLIC TRANSIT ASSISTANCE APPROPRIATION.
2 24 Notwithstanding section 312.2, subsection 14, the amount
2 25 appropriated from the general fund of the state under section
2 26 312.2, subsection 14, to the state department of
2 27 transportation for public transit assistance under chapter
2 28 324A for the fiscal year beginning July 1, 2003, and ending
2 29 June 30, 2004, is reduced by the following amount:
2 30 .................................................. $ 1,298,675
2 31 Sec. 7. Section 294A.25, subsection 1, Code 2003, is
2 32 amended to read as follows:
2 33 1. For the fiscal year beginning July 1, 2000 2003, and
2 34 for each succeeding year, there is appropriated from the
2 35 general fund of the state to the department of education the
3 1 amount of eighty fifty=six million eight hundred ninety=one
3 2 thousand three hundred thirty=six dollars to be used to
3 3 improve teacher salaries. The moneys shall be distributed as
3 4 provided in this section.
3 5 Sec. 8. EFFECTIVE DATE. The sections of this division of
3 6 this Act relating to the appropriations made to the rebuild
3 7 Iowa infrastructure fund and environment first fund for the
3 8 fiscal year beginning July 1, 2002, being deemed of immediate
3 9 importance, take effect upon enactment.
3 10 DIVISION III
3 11 STANDING APPROPRIATIONS == LIMITATIONS
3 12 Sec. 9. Notwithstanding the standing appropriations in the
3 13 following designated sections for the fiscal year beginning
3 14 July 1, 2003, and ending June 30, 2004, the amounts
3 15 appropriated from the general fund of the state pursuant to
3 16 those sections for the following designated purposes shall not
3 17 exceed the following amounts:
3 18 1. For compensation of officers and enlisted persons and
3 19 their expenses while on state active duty as authorized in
3 20 section 29A.27:
3 21 .................................................. $ 432,450
3 22 2. For payment for nonpublic school transportation under
3 23 section 285.2:
3 24 .................................................. $ 7,799,550
3 25 If total approved claims for reimbursement for nonpublic
3 26 school pupil transportation claims exceed the amount
3 27 appropriated in this section, the department of education
3 28 shall prorate the amount of each claim.
3 29 3. For printing cigarette tax stamps under section 453A.7:
3 30 .................................................. $ 110,055
3 31 4. For the state's share of the cost of the peace
3 32 officers' retirement benefits under section 411.20:
3 33 .................................................. $ 2,816,189
3 34 5. For payment of livestock production credit refunds
3 35 under section 422.121:
4 1 .................................................. $ 1,815,735
4 2 6. For reimbursement for the homestead property tax credit
4 3 under section 425.1:
4 4 .................................................. $105,585,004
4 5 7. For reimbursement for the agricultural land and family
4 6 farm tax credits under section 426.1:
4 7 .................................................. $ 35,497,624
4 8 8. For reimbursement for the military service tax credit
4 9 under section 426A.1A:
4 10 .................................................. $ 2,569,712
4 11 9. For administration expenses of the state unemployment
4 12 compensation law under chapter 96:
4 13 .................................................. $ 450,000
4 14 10. For payment of certain interest costs due the federal
4 15 government under the federal Cash Management and Improvement
4 16 Act under section 421.31:
4 17 .................................................. $ 550,000
4 18 11. For funding the state's deferred compensation program
4 19 established for state employees under section 509A.12:
4 20 .................................................. $ 56,501
4 21 Sec. 10. ELDERLY AND DISABLED CREDIT. Notwithstanding the
4 22 standing appropriation in section 425.39, the amount
4 23 appropriated from the general fund of the state under section
4 24 425.39, for the fiscal year beginning July 1, 2003, and ending
4 25 June 30, 2004, for purposes of implementing the elderly and
4 26 disabled credit and reimbursement portion of the extraordinary
4 27 property tax and reimbursement division of chapter 425, shall
4 28 not exceed $16,651,800. The director shall pay, in full, all
4 29 claims to be paid during the fiscal year beginning July 1,
4 30 2003, for reimbursement of rent constituting property taxes
4 31 paid. If the amount of claims for credit for property taxes
4 32 due to be paid during the fiscal year beginning July 1, 2003,
4 33 exceeds the amount remaining after payment to renters, the
4 34 director of revenue and finance shall prorate the payments to
4 35 the counties for the property tax credit. In order for the
5 1 director to carry out the requirements of this section,
5 2 notwithstanding any provision to the contrary in sections
5 3 425.16 through 425.39, claims for reimbursement for rent
5 4 constituting property taxes paid filed before May 1, 2004,
5 5 shall be eligible to be paid in full during the fiscal year
5 6 ending June 30, 2004, and those claims filed on or after May
5 7 1, 2004, shall be eligible to be paid during the fiscal year
5 8 beginning July 1, 2004, and the director is not required to
5 9 make payments to counties for the property tax credit before
5 10 June 15, 2004.
5 11 DIVISION IV
5 12 REVENUE ADJUSTMENTS == APPROPRIATIONS
5 13 Sec. 11. IOWA ECONOMIC EMERGENCY AND RESERVE FUNDS ==
5 14 EARNINGS. Notwithstanding section 8.55, subsection 4, and
5 15 section 8.56, subsection 1, for the fiscal year beginning July
5 16 1, 2003, and ending June 30, 2004, the interest and earnings
5 17 on moneys deposited in the Iowa economic emergency fund and
5 18 the cash reserve fund shall be credited to the general fund of
5 19 the state.
5 20 Sec. 12. USE OF REVERSIONS. Notwithstanding section 8.62,
5 21 if on June 30, 2004, a balance of an operational
5 22 appropriation, as defined in section 8.62, remains unexpended
5 23 or unencumbered, the balance shall revert to the general fund
5 24 of the state as provided in section 8.33.
5 25 Sec. 13. KEEP IOWA BEAUTIFUL FUND. For the fiscal years
5 26 beginning July 1, 2002, and July 1, 2003, moneys credited to
5 27 the keep Iowa beautiful fund in accordance with section
5 28 422.12A are appropriated to the state department of
5 29 transportation to be used for the purposes provided in section
5 30 314.28.
5 31 Sec. 14. ENDOWMENT FOR IOWA'S HEALTH. For the fiscal year
5 32 beginning July 1, 2003, and ending June 30, 2004, of the
5 33 $70,000,000 to be deposited in the endowment for Iowa's health
5 34 account of the tobacco settlement trust fund under 2001 Iowa
5 35 Acts, chapter 174, section 1, subsection 1, the following
6 1 amount shall instead be deposited in the general fund of the
6 2 state:
6 3 .................................................. $ 20,000,000
6 4 Sec. 15. JUNIOR OLYMPICS. There is appropriated from the
6 5 general fund of the state to the department of economic
6 6 development for the fiscal year beginning July 1, 2003, and
6 7 ending June 30, 2004, the following amount, or so much thereof
6 8 as is necessary, to be used for the purpose designated:
6 9 For providing assistance to a city or nonprofit
6 10 organization hosting the national junior olympics:
6 11 .................................................. $ 50,000
6 12 Sec. 16. UNEMPLOYMENT TRUST FUND. There is appropriated
6 13 from moneys transferred to the state on March 13, 2002,
6 14 pursuant to section 903(d) of the federal Social Security Act,
6 15 as amended, to the department of workforce development, the
6 16 following amount, to be deposited, under the direction of the
6 17 department of workforce development, in the unemployment
6 18 compensation fund for the payment of unemployment benefits and
6 19 for the establishment of the unemployment compensation reserve
6 20 fund:
6 21 .................................................. $ 40,000,000
6 22 Sec. 17. UNEMPLOYMENT TAX AND CLAIM SYSTEM. There is
6 23 appropriated from moneys transferred to the state on March 13,
6 24 2002, pursuant to section 903(d) of the federal Social
6 25 Security Act, as amended, to the department of workforce
6 26 development, the following amount for purposes of automation
6 27 and technology for the unemployment tax and claim system:
6 28 .................................................. $ 20,000,000
6 29 Sec. 18. ENHANCED SERVICES TO CLAIMANTS. There is
6 30 appropriated from moneys transferred to the state on March 13,
6 31 2002, pursuant to section 903(d) of the federal Social
6 32 Security Act, as amended, to the department of workforce
6 33 development the following amount for purposes of
6 34 infrastructure improvements and the administrative and
6 35 technology costs associated with enhanced services to
7 1 unemployment benefit claimants for workforce and labor
7 2 exchange services:
7 3 .................................................. $ 20,700,000
7 4 Sec. 19. Section 8.55, subsection 2, paragraph c, Code
7 5 2003, is amended to read as follows:
7 6 c. Notwithstanding paragraph "a", any moneys in excess of
7 7 the maximum balance in the economic emergency fund after the
7 8 distribution of the surplus in the general fund of the state
7 9 at the conclusion of each fiscal year and after the
7 10 appropriate amount has been transferred pursuant to paragraph
7 11 "b", shall not be transferred to the general fund of the state
7 12 but shall be transferred to the senior living trust fund. The
7 13 total amount transferred, in the aggregate, under this
7 14 paragraph for all fiscal years shall not exceed fifty=one one
7 15 hundred eighteen million five hundred thousand dollars.
7 16 Sec. 20. Section 8.57, subsection 1, paragraph a,
7 17 unnumbered paragraph 1, Code Supplement 2001, as enacted by
7 18 2002 Iowa Acts, Second Extraordinary Session, chapter 1001,
7 19 section 28, is amended to read as follows:
7 20 The "cash reserve goal percentage" for fiscal years
7 21 beginning on or after July 1, 2003 2004, is seven and one=half
7 22 percent of the adjusted revenue estimate. For each fiscal
7 23 year beginning on or after July 1, 2003, in which the
7 24 appropriation of the surplus existing in the general fund of
7 25 the state at the conclusion of the prior fiscal year pursuant
7 26 to paragraph "b" was not sufficient for the cash reserve fund
7 27 to reach the cash reserve goal percentage for the current
7 28 fiscal year, there is appropriated from the general fund of
7 29 the state an amount to be determined as follows:
7 30 Sec. 21. Section 96.9, Code 2003, is amended by adding the
7 31 following new subsection:
7 32 NEW SUBSECTION. 8. UNEMPLOYMENT COMPENSATION RESERVE
7 33 FUND.
7 34 a. A special fund to be known as the unemployment
7 35 compensation reserve fund is created in the state treasury.
8 1 The reserve fund is separate and distinct from the
8 2 unemployment compensation fund. All moneys collected as
8 3 reserve contributions, as defined in paragraph "b", shall be
8 4 deposited in the reserve fund. The moneys in the reserve fund
8 5 may be used for the payment of unemployment benefits and shall
8 6 remain available for expenditures in accordance with the
8 7 provisions of this subsection. The treasurer of state shall
8 8 be the custodian of the reserve fund and shall disburse the
8 9 moneys in the reserve fund in accordance with this subsection
8 10 and the directions of the director of the department of
8 11 workforce development.
8 12 b. If the balance in the reserve fund on July 1 of the
8 13 preceding calendar year for calendar year 2004 and each year
8 14 thereafter is less than one hundred fifty million dollars, a
8 15 percentage of contributions, as determined by the director,
8 16 shall be deemed to be reserve contributions for the following
8 17 calendar year. If the percentage of contributions, termed the
8 18 reserve contribution tax rate, is not zero percent as
8 19 determined pursuant to this subsection, the combined tax rate
8 20 of contributions to the unemployment compensation fund and to
8 21 the unemployment compensation reserve fund shall be divided so
8 22 that a minimum of fifty percent of the combined tax rate
8 23 equals the unemployment contribution tax rate and a maximum of
8 24 fifty percent of the combined tax rate equals the reserve
8 25 contribution tax rate except for employers who are assigned a
8 26 combined tax rate of five and four=tenths. For those
8 27 employers, the reserve contribution tax rate shall equal zero
8 28 and their combined tax rate shall equal their unemployment
8 29 contribution rate. When the reserve contribution tax rate is
8 30 determined to be zero percent, the unemployment contribution
8 31 rate for all employers shall equal one hundred percent of the
8 32 combined tax rate. The reserve contributions collected in any
8 33 calendar year shall not exceed one hundred fifty million
8 34 dollars. The provisions for collection of contributions under
8 35 section 96.14 are applicable to the collection of reserve
9 1 contributions. Reserve contributions shall not be deducted in
9 2 whole or in part by any employer from the wages of individuals
9 3 in its employ. All moneys collected as reserve contributions
9 4 shall not become part of the unemployment compensation fund
9 5 but shall be deposited in the reserve fund created in this
9 6 subsection.
9 7 c. Moneys in the reserve fund shall only be used to pay
9 8 unemployment benefits to the extent moneys in the unemployment
9 9 compensation fund are insufficient to pay benefits during a
9 10 calendar quarter.
9 11 d. The interest earned on the moneys in the reserve fund
9 12 shall be deposited in and credited to the reserve fund.
9 13 e. Moneys from interest earned on the unemployment
9 14 compensation reserve fund shall be used by the department only
9 15 upon appropriation by the general assembly and only for
9 16 purposes contained in section 96.7, subsection 12, for
9 17 department of workforce development rural satellite offices,
9 18 and for administrative costs to collect the reserve
9 19 contributions.
9 20 Sec. 22. Section 260G.4B, subsection 1, Code 2003, is
9 21 amended to read as follows:
9 22 1. The total amount of program job credits from all
9 23 employers which shall be allocated for all accelerated career
9 24 education programs in the state in any one fiscal year shall
9 25 not exceed the sum of three million dollars in the fiscal year
9 26 beginning July 1, 2000, three million dollars in the fiscal
9 27 year beginning July 1, 2001, three million dollars in the
9 28 fiscal year beginning July 1, 2002, four million dollars in
9 29 the fiscal year beginning July 1, 2003, and six million
9 30 dollars in the fiscal year beginning July 1, 2003 2004, and
9 31 every fiscal year thereafter. Any increase in program job
9 32 credits above the six=million=dollar limitation per fiscal
9 33 year shall be developed, based on recommendations in a study
9 34 which shall be conducted by the department of economic
9 35 development of the needs and performance of approved programs
10 1 in the fiscal years beginning July 1, 2000, and July 1, 2001.
10 2 The study's findings and recommendations shall be submitted to
10 3 the general assembly by the department by December 31, 2002.
10 4 The study shall include but not be limited to an examination
10 5 of the quality of the programs, the number of program
10 6 participant placements, the wages and benefits in program
10 7 jobs, the level of employer contributions, the size of
10 8 participating employers, and employer locations. A community
10 9 college shall file a copy of each agreement with the
10 10 department of economic development. The department shall
10 11 maintain an annual record of the proposed program job credits
10 12 under each agreement for each fiscal year. Upon receiving a
10 13 copy of an agreement, the department shall allocate any
10 14 available amount of program job credits to the community
10 15 college according to the agreement sufficient for the fiscal
10 16 year and for the term of the agreement. When the total
10 17 available program job credits are allocated for a fiscal year,
10 18 the department shall notify all community colleges that the
10 19 maximum amount has been allocated and that further program job
10 20 credits will not be available for the remainder of the fiscal
10 21 year. Once program job credits have been allocated to a
10 22 community college, the full allocation shall be received by
10 23 the community college throughout the fiscal year and for the
10 24 term of the agreement even if the statewide program job credit
10 25 maximum amount is subsequently allocated and used.
10 26 Sec. 23. 2001 Iowa Acts, chapter 174, section 1,
10 27 subsection 2, as amended by 2002 Iowa Acts, chapter 1174,
10 28 section 8, is amended to read as follows:
10 29 2. There is appropriated from the general fund of the
10 30 state to the endowment for Iowa's health account of the
10 31 tobacco settlement trust fund created in section 12E.12, for
10 32 the designated fiscal years, the following amounts, to be used
10 33 for the purposes specified in section 12E.12 for the endowment
10 34 for Iowa's health account:
10 35 FY 2001=2002 ..................................... $ 7,248,000
11 1 FY 2003=2004 ..................................... $ 28,251,000
11 2 0
11 3 FY 2004=2005 ..................................... $ 29,785,000
11 4 FY 2005=2006 ..................................... $ 29,562,000
11 5 FY 2006=2007 ..................................... $ 17,773,000
11 6 Sec. 24. 2002 Iowa Acts, Second Extraordinary Session,
11 7 chapter 1001, section 33, is amended to read as follows:
11 8 SEC. 33. EFFECTIVE DATE == APPLICABILITY. The amendments
11 9 to the following designated Code provisions in this division
11 10 of this Act take effect July 1, 2003 2004:
11 11 1. Section 8.55, subsection 2, paragraph "a".
11 12 2. Section 8.56, subsection 4, paragraph "b".
11 13 3. Section 8.57, subsection 1, paragraph "a".
11 14 RACING AND GAMING COMMISSION
11 15 Sec. 25. 2002 Iowa Acts, Second Extraordinary Session,
11 16 chapter 1003, section 9, subsection 1, is amended to read as
11 17 follows:
11 18 1. RACETRACK REGULATION
11 19 There is appropriated from the general fund of the state to
11 20 the racing and gaming commission of the department of
11 21 inspections and appeals for the fiscal year beginning July 1,
11 22 2002, and ending June 30, 2003, the following amount, or so
11 23 much thereof as is necessary, to be used for the purposes
11 24 designated:
11 25 For salaries, support, maintenance, and miscellaneous
11 26 purposes for the regulation of pari=mutuel racetracks, and for
11 27 not more than the following full=time equivalent positions:
11 28 .................................................. $ 2,083,762
11 29 2,163,762
11 30 ............................................... FTEs 24.78
11 31 Of the funds appropriated in this subsection, $85,576 shall
11 32 be used to conduct an extended harness racing season.
11 33 Sec. 26. EFFECTIVE DATE. The following provisions of this
11 34 division of this Act, being deemed of immediate importance,
11 35 take effect upon enactment:
12 1 1. The section appropriating moneys from the keep Iowa
12 2 beautiful fund.
12 3 2. The section amending 2002 Iowa Acts, Second
12 4 Extraordinary Session, chapter 1003, section 9, relating to
12 5 racetrack regulation.
12 6 3. The amendment to section 96.9.
12 7 DIVISION V
12 8 COMPENSATION AND BENEFITS
12 9 Sec. 27. COLLECTIVE BARGAINING AGREEMENTS FUNDED ==
12 10 GENERAL FUND. There is appropriated from the general fund of
12 11 the state to the salary adjustment fund for distribution by
12 12 the department of management to the various state departments,
12 13 boards, commissions, councils, and agencies, and to the state
12 14 board of regents for those persons employed at the state
12 15 school for the deaf and the Iowa braille and sight saving
12 16 school, for the fiscal year beginning July 1, 2003, and ending
12 17 June 30, 2004, the amount of $25,000,000, or so much thereof
12 18 as may be necessary, to fully fund annual pay adjustments,
12 19 expense reimbursements, and related benefits implemented
12 20 pursuant to the following:
12 21 1. The collective bargaining agreement negotiated pursuant
12 22 to chapter 20 for employees in the blue collar bargaining
12 23 unit.
12 24 2. The collective bargaining agreement negotiated pursuant
12 25 to chapter 20 for employees in the public safety bargaining
12 26 unit.
12 27 3. The collective bargaining agreement negotiated pursuant
12 28 to chapter 20 for employees in the security bargaining unit.
12 29 4. The collective bargaining agreement negotiated pursuant
12 30 to chapter 20 for employees in the technical bargaining unit.
12 31 5. The collective bargaining agreement negotiated pursuant
12 32 to chapter 20 for employees in the professional fiscal and
12 33 staff bargaining unit.
12 34 6. The collective bargaining agreement negotiated pursuant
12 35 to chapter 20 for employees in the clerical bargaining unit.
13 1 7. The collective bargaining agreement negotiated pursuant
13 2 to chapter 20 for employees in the professional social
13 3 services bargaining unit.
13 4 8. The collective bargaining agreement negotiated pursuant
13 5 to chapter 20 for employees in the community=based corrections
13 6 bargaining unit.
13 7 9. The collective bargaining agreements negotiated
13 8 pursuant to chapter 20 for employees in the judicial branch of
13 9 government bargaining units.
13 10 10. The annual pay adjustments, related benefits, and
13 11 expense reimbursements referred to in the sections of this
13 12 division of this Act for employees not covered by a collective
13 13 bargaining agreement.
13 14 Sec. 28. NONCONTRACT STATE EMPLOYEES == GENERAL.
13 15 1. a. For the fiscal year beginning July 1, 2003, the
13 16 maximum salary levels of all pay plans provided for in section
13 17 19A.9, subsection 2, as they exist for the fiscal year ending
13 18 June 30, 2003, shall be increased by 2 percent for the pay
13 19 period beginning June 20, 2003, and any additional changes in
13 20 the pay plans shall be approved by the governor.
13 21 b. For the fiscal year beginning July 1, 2003, employees
13 22 may receive a step increase or the equivalent of a step
13 23 increase.
13 24 2. The pay plans for state employees who are exempt from
13 25 chapter 19A and who are included in the department of revenue
13 26 and finance's centralized payroll system shall be increased in
13 27 the same manner as provided in subsection 1, and any
13 28 additional changes in any executive branch pay plans shall be
13 29 approved by the governor.
13 30 3. This section does not apply to members of the general
13 31 assembly, board members, commission members, salaries of
13 32 persons set by the general assembly in statute, salaries of
13 33 appointed state officers set by the governor, other persons
13 34 designated, employees designated under section 19A.3,
13 35 subsection 5, and employees covered by 581 IAC 4.6(3).
14 1 4. The pay plans for the bargaining eligible employees of
14 2 the state shall be increased in the same manner as provided in
14 3 subsection 1, and any additional changes in such executive
14 4 branch pay plans shall be approved by the governor. As used
14 5 in this section, "bargaining eligible employee" means an
14 6 employee who is eligible to organize under chapter 20, but has
14 7 not done so.
14 8 5. The policies for implementation of this section shall
14 9 be approved by the governor.
14 10 Sec. 29. STATE EMPLOYEES == STATE BOARD OF REGENTS.
14 11 1. Funds from the appropriation made in this division of
14 12 this Act from the general fund of the state to the salary
14 13 adjustment fund shall be allocated by the department of
14 14 management to the state board of regents for the purposes of
14 15 providing increases for state board of regents employees at
14 16 the state school for the deaf and the Iowa braille and sight
14 17 saving school who are addressed by that appropriation and
14 18 employees of the schools who are not covered by a collective
14 19 bargaining agreement.
14 20 2. The state board of regents office and the state
14 21 university of Iowa, Iowa state university of science and
14 22 technology, and the university of northern Iowa shall provide
14 23 from available sources pay adjustments, expense
14 24 reimbursements, and related benefits to fully fund the
14 25 following:
14 26 a. The collective bargaining agreement negotiated pursuant
14 27 to chapter 20 for employees in the university of northern Iowa
14 28 faculty bargaining unit.
14 29 b. The collective bargaining agreement negotiated pursuant
14 30 to chapter 20 for employees in the patient care bargaining
14 31 unit.
14 32 c. The collective bargaining agreement negotiated pursuant
14 33 to chapter 20 for employees in the science bargaining unit.
14 34 d. The collective bargaining agreement negotiated pursuant
14 35 to chapter 20 for employees in the state university of Iowa
15 1 graduate student bargaining unit.
15 2 e. The collective bargaining agreement negotiated pursuant
15 3 to chapter 20 for employees in the state university of Iowa
15 4 hospital and clinics tertiary health care bargaining unit.
15 5 f. The collective bargaining agreement negotiated pursuant
15 6 to chapter 20 for employees in the blue collar bargaining
15 7 unit.
15 8 g. The collective bargaining agreement negotiated pursuant
15 9 to chapter 20 for employees in the public safety bargaining
15 10 unit.
15 11 h. The collective bargaining agreement negotiated pursuant
15 12 to chapter 20 for employees in the security bargaining unit.
15 13 i. The collective bargaining agreement negotiated pursuant
15 14 to chapter 20 for employees in the technical bargaining unit.
15 15 j. The collective bargaining agreement negotiated pursuant
15 16 to chapter 20 for employees in the professional fiscal and
15 17 staff bargaining unit.
15 18 k. The collective bargaining agreement negotiated pursuant
15 19 to chapter 20 for employees in the clerical bargaining unit.
15 20 l. The annual pay adjustments, related benefits, and
15 21 expense reimbursements referred to in the sections of this
15 22 division of this Act for employees not covered by a collective
15 23 bargaining agreement.
15 24 Sec. 30. APPROPRIATIONS FROM ROAD FUNDS.
15 25 1. There is appropriated from the road use tax fund to the
15 26 salary adjustment fund for the fiscal year beginning July 1,
15 27 2003, and ending June 30, 2004, the following amount, or so
15 28 much thereof as may be necessary, to be used for the purpose
15 29 designated:
15 30 To supplement other funds appropriated by the general
15 31 assembly:
15 32 .................................................. $ 3,000,000
15 33 2. There is appropriated from the primary road fund to the
15 34 salary adjustment fund, for the fiscal year beginning July 1,
15 35 2003, and ending June 30, 2004, the following amount, or so
16 1 much thereof as may be necessary, to be used for the purpose
16 2 designated:
16 3 To supplement other funds appropriated by the general
16 4 assembly:
16 5 .................................................. $ 12,000,000
16 6 3. Except as otherwise provided in this division of this
16 7 Act, the amounts appropriated in subsections 1 and 2 shall be
16 8 used to fund the annual pay adjustments, expense
16 9 reimbursements, and related benefits for public employees as
16 10 provided in this division of this Act.
16 11 Sec. 31. SPECIAL FUNDS == AUTHORIZATION. To departmental
16 12 revolving, trust, or special funds, except for the primary
16 13 road fund or the road use tax fund, for which the general
16 14 assembly has established an operating budget, a supplemental
16 15 expenditure authorization is provided, unless otherwise
16 16 provided, in an amount necessary to fund salary adjustments as
16 17 otherwise provided in this division of this Act.
16 18 Sec. 32. GENERAL FUND SALARY MONEYS. Funds appropriated
16 19 from the general fund of the state in this division of this
16 20 Act relate only to salaries supported from general fund
16 21 appropriations of the state except for employees of the state
16 22 board of regents at the state school for the deaf and the Iowa
16 23 braille and sight saving school. The funds appropriated from
16 24 the general fund of the state for employees at the state
16 25 school for the deaf and the Iowa braille and sight saving
16 26 school of the state board of regents shall exclude general
16 27 university indirect costs and general university federal
16 28 funds.
16 29 Sec. 33. FEDERAL FUNDS APPROPRIATED. All federal grants
16 30 to and the federal receipts of the agencies affected by this
16 31 division of this Act which are received and may be expended
16 32 for purposes of this division of this Act are appropriated for
16 33 those purposes and as set forth in the federal grants or
16 34 receipts.
16 35 Sec. 34. STATE TROOPER MEAL ALLOWANCE. The sworn peace
17 1 officers in the department of public safety who are not
17 2 covered by a collective bargaining agreement negotiated
17 3 pursuant to chapter 20 shall receive the same per diem meal
17 4 allowance as the sworn peace officers in the department of
17 5 public safety who are covered by a collective bargaining
17 6 agreement negotiated pursuant to chapter 20.
17 7 Sec. 35. SALARY MODEL COORDINATOR. Of the funds
17 8 appropriated in this division of this Act from the general
17 9 fund of the state, $126,767 for the fiscal year beginning July
17 10 1, 2003, is allocated to the department of management for
17 11 salary and support of the salary model coordinator who shall
17 12 work in conjunction with the legislative fiscal bureau to
17 13 maintain the state's salary model used for analyzing,
17 14 comparing, and projecting state employee salary and benefit
17 15 information, including information relating to employees of
17 16 the state board of regents. The department of revenue and
17 17 finance, the department of personnel, the five institutions
17 18 under the jurisdiction of the state board of regents, the
17 19 eight judicial district departments of correctional services,
17 20 and the state department of transportation shall provide
17 21 salary data to the department of management and the
17 22 legislative fiscal bureau to operate the state's salary model.
17 23 The format and frequency of provision of the salary data shall
17 24 be determined by the department of management and the
17 25 legislative fiscal bureau. The information shall be used in
17 26 collective bargaining processes under chapter 20 and in
17 27 calculating the funding needs contained within the annual
17 28 salary adjustment legislation. A state employee organization
17 29 as defined in section 20.3, subsection 4, may request
17 30 information produced by the model, but the information
17 31 provided shall not contain information attributable to
17 32 individual employees.
17 33 DIVISION VI
17 34 CORRECTIVE PROVISIONS
17 35 Sec. 36. Section 8A.202, subsection 2, paragraph e, if
18 1 enacted by 2003 Iowa Acts, House File 534, is amended by
18 2 striking the paragraph and inserting in lieu thereof the
18 3 following:
18 4 e. Developing and maintaining an electronic repository for
18 5 public access to reference copies of agency mandated reports,
18 6 newsletters, and publications in conformity with section
18 7 304B.10, subsection 1, paragraph "h". The department shall
18 8 develop technical standards for an electronic repository in
18 9 consultation with the state librarian and the state archivist.
18 10 Sec. 37. Section 99E.9, subsection 2, Code 2003, as
18 11 amended by 2003 Iowa Acts, House File 171, section 31, is
18 12 amended to read as follows:
18 13 2. Subject to the approval of the board, the commissioner
18 14 may enter into contracts for the operation and marketing of
18 15 the lottery, except that the board may by rule designate
18 16 classes of contracts other than major procurements which do
18 17 not require prior approval by the board. A major procurement
18 18 shall be as the result of competitive bidding with the
18 19 contract being awarded to the responsible vendor submitting
18 20 the lowest and best proposal. However, before a contract for
18 21 a major procurement is awarded, the division of criminal
18 22 investigation of the department of public safety shall conduct
18 23 a thorough background investigation of the vendor to whom the
18 24 contract is to be awarded. The commissioner and board shall
18 25 consult with the division of criminal investigation and shall
18 26 provide, by rule, for the scope of the thorough background
18 27 investigations and due diligence with regard to the background
18 28 investigations to be conducted in connection with major
18 29 procurements. The vendor shall submit to the division of
18 30 criminal investigation appropriate investigation
18 31 authorizations to facilitate this investigation. The
18 32 background investigation by the division of criminal
18 33 investigation may include a national criminal history record
18 34 check through the federal bureau of investigation. The
18 35 screening of vendors or their employees through the federal
19 1 bureau of investigation shall be conducted by submission of
19 2 fingerprints through the state criminal history repository to
19 3 the federal bureau of investigation. As used in this
19 4 subsection, "major procurement" means consulting agreements
19 5 and the major procurement contract with a business
19 6 organization for the printing of tickets, or for purchase or
19 7 lease of equipment or services essential to the operation of a
19 8 lottery game.
19 9 Sec. 38. Section 135.150, subsection 3, as enacted by 2003
19 10 Iowa Acts, House File 396, section 1, is amended to read as
19 11 follows:
19 12 3. "Director" means the director or the director's
19 13 designee of public health or the director's designee.
19 14 Sec. 39. Section 135.154, subsection 7, as enacted by 2003
19 15 Iowa Acts, House File 396, section 5, is amended to read as
19 16 follows:
19 17 7. Treat or order that individuals exposed to or infected
19 18 with disease receive treatment or prophylaxis. Treatment or
19 19 prophylaxis shall be administered by any qualified person
19 20 authorized to do so by the department. Treatment or
19 21 prophylaxis shall not be provided or ordered if the treatment
19 22 or prophylaxis is reasonably likely to lead to serious harm to
19 23 the affected individual. To prevent the spread of
19 24 communicable or potentially communicable disease, the
19 25 department may isolate or quarantine, pursuant to chapter 139A
19 26 and the rules implementing chapter 139A and this division of
19 27 this chapter, any individual who is unable or unwilling to
19 28 undergo treatment or prophylaxis pursuant to this section.
19 29 Sec. 40. Section 170.6, subsection 1, paragraph b, if
19 30 enacted by 2003 Iowa Acts, House File 624, is amended to read
19 31 as follows:
19 32 b. Failed to provide notice or access to the department of
19 33 natural resources and the department of agriculture and land
19 34 stewardship as required by section 170.5.
19 35 Sec. 41. Section 232.71B, subsection 7A, if enacted by
20 1 2003 Iowa Acts, House File 558, section 1, is amended to read
20 2 as follows:
20 3 7A. PROTECTIVE DISCLOSURE. If the department determines
20 4 that disclosure is necessary for the protection of a child,
20 5 the department may disclose to a subject of a child abuse
20 6 report referred to in section 235A.15, subsection 2, paragraph
20 7 "a", that an individual is listed in the child or dependent
20 8 adult abuse registry or is required to register with the sex
20 9 offender registry in accordance with chapter 692A.
20 10 Sec. 42. Section 235B.3, subsection 6A, if enacted by 2003
20 11 Iowa Acts, House File 558, section 2, is amended to read as
20 12 follows:
20 13 6A. If the department determines that disclosure is
20 14 necessary for the protection of a dependent adult, the
20 15 department may disclose to a subject of a dependent adult
20 16 abuse report referred to in section 235B.6, subsection 2,
20 17 paragraph "a", that an individual is listed in the child or
20 18 dependent adult abuse registry or is required to register with
20 19 the sex offender registry in accordance with chapter 692A.
20 20 Sec. 43. Section 304B.3, subsections 4, 8, and 9, if
20 21 enacted by 2003 Iowa Acts, House File 648, section 6, are
20 22 amended to read as follows:
20 23 4. The director of revenue and finance.
20 24 8. The director of the department of general
20 25 administrative services.
20 26 9. The director of the information technology department.
20 27 Sec. 44. Section 356.7, subsection 1, as amended by 2003
20 28 Iowa Acts, House File 650, section 1, if enacted, is amended
20 29 to read as follows:
20 30 1. The county sheriff, or a municipality operating a
20 31 temporary municipal holding facility or jail, may charge a
20 32 prisoner who is eighteen years of age or older and who has
20 33 been convicted of a criminal offense or sentenced for contempt
20 34 of court for violation of a domestic abuse order for the
20 35 actual administrative costs relating to the arrest and booking
21 1 of that prisoner, and for room and board provided to the
21 2 prisoner while in the custody of the county sheriff or
21 3 municipality. Moneys collected by the sheriff or municipality
21 4 under this section shall be credited respectfully respectively
21 5 to the county general fund or the city general fund and
21 6 distributed as provided in this section. If a prisoner who
21 7 has been convicted of a criminal offense or sentenced for
21 8 contempt of court for violation of a domestic abuse order
21 9 fails to pay for the administrative costs and the room and
21 10 board, the sheriff or municipality may file a room and board
21 11 reimbursement claim with the district court as provided in
21 12 subsection 2. The county attorney may file the reimbursement
21 13 claim on behalf of the sheriff and the county or the
21 14 municipality. The attorney for the municipality may also file
21 15 a reimbursement claim on behalf of the municipality. This
21 16 section does not apply to prisoners who are paying for their
21 17 room and board by court order pursuant to sections 356.26
21 18 through 356.35.
21 19 Sec. 45. Section 459.401, subsection 2, paragraph a,
21 20 subparagraph (3A), if enacted by 2003 Iowa Acts, House File
21 21 644, section 18, is amended to read as follows:
21 22 (3A) A commercial manure service license fee as provided
21 23 in section 359.316 459.316.
21 24 Sec. 46. Section 505A.1, article V, section 2, paragraph
21 25 a, subparagraph (3), if enacted by 2003 Iowa Acts, House File
21 26 647, section 54, is amended to read as follows:
21 27 (3) Four members from those compacting states with less
21 28 than two percent of the market, based on the premium volume
21 29 described in subparagraph (1), with one selected from each of
21 30 the four zone regions of the national association of insurance
21 31 commissioners as provided in the bylaws.
21 32 Sec. 47. Section 508.31A, subsection 2, paragraph b, Code
21 33 2003, as amended by 2003 Iowa Acts, House File 647, section 7,
21 34 if enacted, is amended to read as follows:
21 35 b. A funding agreement issued pursuant to paragraph "a",
22 1 subparagraph (1), (2), or (3), shall be for a total amount of
22 2 not less than one million dollars.
22 3 Sec. 48. Section 692A.13, subsection 9, if enacted by 2003
22 4 Iowa Acts, House File 558, section 3, is amended to read as
22 5 follows:
22 6 9. If the department of human services determines that
22 7 disclosure is necessary for the protection of a child or a
22 8 dependent adult, the department may disclose to a subject of a
22 9 child abuse report referred to in section 235A.15, subsection
22 10 2, paragraph "a", or to a subject of a dependent adult abuse
22 11 report referred to in section 235B.6, subsection 2, paragraph
22 12 "a", that an individual is listed in the child or dependent
22 13 adult abuse registry or is required to register under this
22 14 chapter.
22 15 Sec. 49. Section 901.5, subsection 7A, paragraph d, as
22 16 enacted by 2003 Iowa Acts, House File 404, section 1, is
22 17 amended to read as follows:
22 18 d. Violation of a no=contact order issued under this
22 19 section is punishable by summary contempt proceedings. A
22 20 hearing in a contempt proceeding brought pursuant to this
22 21 subsection shall be held not less than five days and not more
22 22 than fifteen days after the issuance of a rule to show cause,
22 23 as set by the court, unless the defendant is already in
22 24 custody at the time of the alleged violation in which case the
22 25 hearing shall be held not less than five days and not more
22 26 than forty=five days after the issuance of the rule to show
22 27 cause.
22 28 Sec. 50. 2003 Iowa Acts, Senate File 155, section 26, is
22 29 repealed.
22 30 Sec. 51. 2003 Iowa Acts, Senate File 155, section 56, is
22 31 repealed.
22 32 Sec. 52. 2003 Iowa Acts, House File 601, section 2, is
22 33 amended by striking the section and inserting in lieu thereof
22 34 the following:
22 35 SEC. 2. Section 56.5, subsection 2, paragraph d, Code
23 1 2003, is amended by striking the paragraph.
23 2 Sec. 53. 2003 Iowa Acts, House File 624, section 22, if
23 3 enacted, is amended to read as follows:
23 4 SEC. 22. HUNTING PRESERVES AND GAME BREEDERS == AUTOMATIC
23 5 CERTIFICATION. Any A fence enclosing farm deer kept on land
23 6 which is owned by a person licensed pursuant to section 484B.5
23 7 or 481A.61 and which is enclosed with a fence on the effective
23 8 date of this Act shall be deemed to comply with construction
23 9 requirements of section 170.4 and shall be automatically
23 10 certified by the department of agriculture and land
23 11 stewardship without submitting submission of an application.
23 12 The landowner is not required to notify the department of
23 13 natural resources concerning removal of whitetail as otherwise
23 14 required pursuant to section 170.5.
23 15 Sec. 54. 2003 Iowa Acts, House File 648, section 1, if
23 16 enacted, is repealed.
23 17 Sec. 55. CONTINGENT EFFECTIVE DATES.
23 18 1. The section of this division of this Act amending
23 19 section 8A.202, subsection 2, if enacted by 2003 Iowa Acts,
23 20 House File 534, takes effect if House File 648, relating to
23 21 the management of state archives and records, is enacted by
23 22 the Eightieth General Assembly, 2003 Regular Session.
23 23 2. The sections of this division of this Act amending
23 24 section 304B.3, if enacted by 2003 Iowa Acts, House File 648,
23 25 and repealing 2003 Iowa Acts, House File 648, section 1, if
23 26 enacted, take effect if House File 534, establishing a
23 27 department of administrative services, is enacted by the
23 28 Eightieth General Assembly, 2003 Regular Session.
23 29 3. The section of this division of this Act repealing 2003
23 30 Iowa Acts, Senate File 155, section 26, takes effect if 2003
23 31 Iowa Acts, House File 614, relating to elections, is enacted
23 32 by the Eightieth General Assembly, 2003 Regular Session.
23 33 DIVISION VII
23 34 MISCELLANEOUS PROVISIONS
23 35 Sec. 56. Section 12B.10, subsection 6, paragraph d,
24 1 subparagraph (4), Code 2003, is amended to read as follows:
24 2 (4) For investments of short=term operating funds, the
24 3 funds shall not be invested in investments having effective
24 4 maturities exceeding sixty=three months.
24 5 Sec. 57. Section 12B.10A, subsection 6, paragraph d,
24 6 subparagraph (4), Code 2003, is amended to read as follows:
24 7 (4) For investments of short=term operating funds, the
24 8 funds shall not be invested in investments having effective
24 9 maturities exceeding sixty=three months.
24 10 Sec. 58. Section 12E.12, subsection 8, Code 2003, is
24 11 amended to read as follows:
24 12 8. With respect to the payment of certain debt service,
24 13 the debt service to be paid shall be those installments of
24 14 debt service on bonds selected by the treasurer of state and
24 15 identified in the authority's tax certificate delivered at the
24 16 time of the issuance of the bonds issued pursuant to this
24 17 chapter, or as otherwise selected by the treasurer of state.
24 18 Once the bonds and the installments of debt service thereon
24 19 are so selected, that debt service and bonds shall not be
24 20 paid, or provided to be paid, from any other source including
24 21 the state or any of its departments or agencies. Provided,
24 22 however, that if funds are not appropriated to pay debt
24 23 service on such bonds when due, the issuing agency shall pay
24 24 such the debt service from any available source as provided in
24 25 the bond covenants for such bonds. To the extent that this
24 26 section does not allow proceeds of previously issued refunding
24 27 bonds to be applied for the purpose of the refunding, the
24 28 issuing agency may expend such proceeds to improve, remodel,
24 29 or repair buildings or other infrastructure upon authorization
24 30 of the issuing agency's authority.
24 31 Sec. 59. Section 15E.193B, subsection 4, Code 2003, is
24 32 amended to read as follows:
24 33 4. The eligible housing business shall complete its
24 34 building or rehabilitation within two years from the time the
24 35 business begins construction on the single=family homes and
25 1 dwelling units. The failure to complete construction or
25 2 rehabilitation within two years shall result in the eligible
25 3 housing business becoming ineligible and subject to the
25 4 repayment requirements and penalties enumerated in subsection
25 5 7. The department may extend the prescribed two=year
25 6 completion period for any project which has not been completed
25 7 if the department determines that completion within the two=
25 8 year period is impossible or impractical as a result of a
25 9 substantial loss caused by flood, fire, earthquake, storm, or
25 10 other catastrophe. For purposes of this subsection,
25 11 "substantial loss" means damage or destruction in an amount in
25 12 excess of thirty percent of the project's expected eligible
25 13 basis as set forth in the eligible housing business's
25 14 application.
25 15 Sec. 60. NEW SECTION. 16.181 HOUSING TRUST FUND.
25 16 1. a. A housing trust fund is created within the
25 17 authority. The moneys in the housing trust fund are annually
25 18 appropriated to the authority to be used for the development
25 19 and preservation of affordable housing for low=income people
25 20 in the state. Payment of interest, recaptures of awards, or
25 21 other repayments to the housing trust fund shall be deposited
25 22 in the fund. Notwithstanding section 12C.7, interest or
25 23 earnings on moneys in the housing trust fund or appropriated
25 24 to the fund shall be credited to the fund. Notwithstanding
25 25 section 8.33, unencumbered and unobligated moneys remaining in
25 26 the fund at the close of each fiscal year shall not revert but
25 27 shall remain available for expenditure for the same purposes
25 28 in the succeeding fiscal year.
25 29 b. Assets in the housing trust fund shall consist of all
25 30 of the following:
25 31 (1) Any assets received by the authority from the Iowa
25 32 housing corporation.
25 33 (2) Any assets transferred by the authority for deposit in
25 34 the housing trust fund.
25 35 (3) Any other moneys appropriated by the general assembly
26 1 and any other moneys available to and obtained or accepted by
26 2 the authority for placement in the housing trust fund.
26 3 c. The authority shall create the following programs
26 4 within the housing trust fund:
26 5 (1) Local housing trust fund program. Sixty percent of
26 6 available moneys in the housing trust fund shall be allocated
26 7 for the local housing trust fund program. Any moneys
26 8 remaining in the local housing trust fund program on April 1
26 9 of each fiscal year which have not been awarded to a local
26 10 housing trust fund may be transferred to the project=based
26 11 housing program at any time prior to the end of the fiscal
26 12 year.
26 13 (2) Project=based housing program. Forty percent of the
26 14 available moneys in the housing trust fund shall be allocated
26 15 to the project=based housing program.
26 16 2. a. In order to be eligible to apply for funding from
26 17 the local housing trust fund program, a local housing trust
26 18 fund must be approved by the authority and have all of the
26 19 following:
26 20 (1) A local governing board recognized by the city,
26 21 county, council of governments, or regional officials as the
26 22 board responsible for coordinating local housing programs.
26 23 (2) A housing assistance plan approved by the authority.
26 24 (3) Sufficient administrative capacity in regard to
26 25 housing programs.
26 26 (4) A local match requirement approved by the authority.
26 27 b. An award from the local housing trust fund program
26 28 shall not exceed ten percent of the balance in the program at
26 29 the beginning of the fiscal year plus ten percent of any
26 30 deposits made during the fiscal year.
26 31 c. By December 31 of each year, a local housing trust fund
26 32 receiving moneys from the local housing trust fund program
26 33 shall submit a report to the authority itemizing expenditures
26 34 of the awarded moneys.
26 35 3. In an area where no local housing trust fund exists, a
27 1 person may apply for moneys from the project=based housing
27 2 program.
27 3 4. The authority shall adopt rules pursuant to chapter 17A
27 4 necessary to administer this section.
27 5 Sec. 61. Section 25.1, Code 2003, is amended by adding the
27 6 following new subsection:
27 7 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2,
27 8 and section 25.2, the state appeal board shall not consider
27 9 claims for refund of the unused portion of vehicle
27 10 registration fees collected under section 321.105.
27 11 Sec. 62. Section 28.9, subsection 2, Code 2003, is amended
27 12 to read as follows:
27 13 2. a. A school ready children grants account is created
27 14 in the Iowa empowerment fund under the authority of the
27 15 director of the department of education. Moneys credited to
27 16 the account shall be distributed by the department of
27 17 education in the form of grants to community empowerment areas
27 18 pursuant to criteria established by the Iowa board in
27 19 accordance with law.
27 20 b. The distribution formula utilized by the Iowa board for
27 21 school ready children grants in the fiscal year beginning July
27 22 1, 2004, and for each succeeding fiscal year, shall
27 23 specifically incorporate the following components:
27 24 (1) A minimum statewide performance baseline shall be
27 25 established for the core indicators of performance identified
27 26 pursuant to section 28.8, subsection 1, paragraph "a".
27 27 (2) A community empowerment area must maintain its
27 28 designated status in good standing and must have received
27 29 continued approval of its school ready children grant plan.
27 30 (3) The community empowerment area must identify how the
27 31 core indicators of performance will be addressed by the area
27 32 and select two or more of the core indicators that will
27 33 achieve a minimum percentage of improvement identified by the
27 34 area, subject to approval by the Iowa board. The community
27 35 empowerment area's data for the calendar year preceding the
28 1 year in which the area initially received a school ready
28 2 children grant shall be used as the area's baseline year.
28 3 (4) If an area achieves the identified percentage level of
28 4 improvement in the preceding calendar year, the area's minimum
28 5 grant amount shall be the annualized grant amount received in
28 6 the area's initial year of funding. The Iowa board may
28 7 implement provisions for averaging the performance levels over
28 8 two or more years and other approaches to apply the
28 9 requirements of this paragraph "b" in an equitable manner.
28 10 (5) If an area does not achieve the identified percentage
28 11 level of improvement in the preceding calendar year, the area
28 12 shall receive a reduction from the area's minimum grant
28 13 amount. If the identified percentage level of improvement is
28 14 achieved in the next succeeding calendar year, the area's
28 15 minimum grant amount shall be restored.
28 16 Sec. 63. Section 29C.8, subsection 3, Code 2003, is
28 17 amended by adding the following new paragraphs:
28 18 NEW PARAGRAPH. f. (1) Approve and support the
28 19 development and ongoing operations of an urban search and
28 20 rescue team to be deployed as a resource to supplement and
28 21 enhance emergency and disaster operations.
28 22 (2) A member of an urban search and rescue team acting
28 23 under the authority of the administrator or pursuant to a
28 24 governor's disaster proclamation as provided in section 29C.6
28 25 shall be considered an employee of the state under chapter 669
28 26 and shall be afforded protection as an employee of the state
28 27 under section 669.21. Disability, workers' compensation, and
28 28 death benefits for team members working under the authority of
28 29 the administrator or pursuant to the provisions of section
28 30 29C.6 shall be paid by the state in a manner consistent with
28 31 the provisions of chapter 85, 410, or 411 as appropriate,
28 32 depending on the status of the member.
28 33 NEW PARAGRAPH. g. Develop, implement, and support a
28 34 uniform incident command system to be used by state agencies
28 35 to facilitate efficient and effective assistance to those
29 1 affected by emergencies and disasters. This system shall be
29 2 consistent with the requirements of the United States
29 3 occupational safety and health administration and a national
29 4 incident management system.
29 5 Sec. 64. Section 29C.20, subsection 1, Code 2003, is
29 6 amended to read as follows:
29 7 1. a. A contingent fund is created in the state treasury
29 8 for the use of the executive council which may be expended for
29 9 the purpose of paying following purposes:
29 10 (1) Paying the expenses of suppressing an insurrection or
29 11 riot, actual or threatened, when state aid has been rendered
29 12 by order of the governor, and for repairing,.
29 13 (2) Repairing, rebuilding, or restoring state property
29 14 injured, destroyed, or lost by fire, storm, theft, or
29 15 unavoidable cause, and for repairing,.
29 16 (3) Repairing, rebuilding, or restoring state property
29 17 which that is fiberoptic cable and which that is injured or
29 18 destroyed by a wild animal, and for aid to.
29 19 (4) Paying the expenses incurred by and claims of an urban
29 20 search and rescue team when acting under the authority of the
29 21 administrator and the provisions of section 29C.6.
29 22 (5) (a) Aiding any governmental subdivision in an area
29 23 declared by the governor to be a disaster area due to natural
29 24 disasters or to expenditures necessitated by the governmental
29 25 subdivision toward averting or lessening the impact of the
29 26 potential disaster, where the effect of the disaster or action
29 27 on the governmental subdivision is the immediate financial
29 28 inability to meet the continuing requirements of local
29 29 government.
29 30 (b) Upon application by a governmental subdivision in such
29 31 an area, accompanied by a showing of obligations and
29 32 expenditures necessitated by an actual or potential disaster
29 33 in a form and with further information the executive council
29 34 requires, the aid may be made in the discretion of the
29 35 executive council and, if made, shall be in the nature of a
30 1 loan up to a limit of seventy=five percent of the showing of
30 2 obligations and expenditures. The loan, without interest,
30 3 shall be repaid by the maximum annual emergency levy
30 4 authorized by section 24.6, or by the appropriate levy
30 5 authorized for a governmental subdivision not covered by
30 6 section 24.6. The aggregate total of loans shall not exceed
30 7 one million dollars during a fiscal year. A loan shall not be
30 8 for an obligation or expenditure occurring more than two years
30 9 previous to the application.
30 10 b. When a state department or agency requests that moneys
30 11 from the contingent fund be expended to repair, rebuild, or
30 12 restore state property injured, destroyed, or lost by fire,
30 13 storm, theft, or unavoidable cause, or to repair, rebuild, or
30 14 restore state property which that is fiberoptic cable and
30 15 which that is injured or destroyed by a wild animal, or for
30 16 payment of the expenses incurred by and claims of an urban
30 17 search and rescue team when acting under the authority of the
30 18 administrator and the provisions of section 29C.6, the
30 19 executive council shall consider the original source of the
30 20 funds for acquisition of the property before authorizing the
30 21 expenditure. If the original source was other than the
30 22 general fund of the state, the department or agency shall be
30 23 directed to utilize moneys from the original source if
30 24 possible. The executive council shall not authorize the
30 25 repairing, rebuilding, or restoring of the property from the
30 26 disaster aid contingent fund if it determines that moneys from
30 27 the original source are available to finance the project.
30 28 Sec. 65. Section 99G.40, subsection 1, paragraph a, if
30 29 enacted by 2003 Iowa Acts, Senate File 453, is amended to read
30 30 as follows:
30 31 a. Submit quarterly and annual reports to the governor,
30 32 state auditor, and the general assembly disclosing the total
30 33 lottery revenues, prize disbursements, and other expenses of
30 34 the authority during the reporting period. The fourth quarter
30 35 report shall be included in the annual report made pursuant to
31 1 this section. The annual report shall include a complete
31 2 statement of lottery revenues, prize disbursements, and other
31 3 expenses, and recommendations for changes in the law that the
31 4 chief executive officer deems necessary or desirable. The
31 5 annual report shall be submitted within one hundred twenty
31 6 days after the close of the fiscal year. The chief executive
31 7 officer shall report immediately to the governor, the
31 8 treasurer of state, and the general assembly any matters that
31 9 require immediate changes in the law in order to prevent
31 10 abuses or evasions of this chapter or rules adopted or to
31 11 rectify undesirable conditions in connection with the
31 12 administration or operation of the lottery. The auditor of
31 13 state and the auditor's legally authorized representatives may
31 14 periodically examine the accounts and books of the authority,
31 15 including its revenues, disbursements, contracts, leases,
31 16 investments, and other records and papers relating to its
31 17 financial standing.
31 18 Sec. 66. Section 260C.14, Code 2003, is amended by adding
31 19 the following new subsection:
31 20 NEW SUBSECTION. 20. Adopt a policy to offer not less than
31 21 the following options to a student who is a member of the Iowa
31 22 national guard or reserve forces of the United States and who
31 23 is ordered to active state service or federal service or duty:
31 24 a. Withdraw from the student's entire registration and
31 25 receive a full refund of tuition and mandatory fees.
31 26 b. Make arrangements with the student's instructors for
31 27 course grades, or for incompletes that shall be completed by
31 28 the student at a later date. If such arrangements are made,
31 29 the student's registration shall remain intact and tuition and
31 30 mandatory fees shall be assessed for the courses in full.
31 31 c. Make arrangements with only some of the student's
31 32 instructors for course grades, or for incompletes that shall
31 33 be completed by the student at a later date. If such
31 34 arrangements are made, the registration for those courses
31 35 shall remain intact and tuition and mandatory fees shall be
32 1 assessed for those courses. Any course for which arrangements
32 2 cannot be made for grades or incompletes shall be considered
32 3 dropped and the tuition and mandatory fees for the course
32 4 refunded.
32 5 Sec. 67. Section 261.9, subsection 1, unnumbered paragraph
32 6 1, Code 2003, is amended to read as follows:
32 7 "Accredited private institution" means an institution of
32 8 higher learning located in Iowa which is operated privately
32 9 and not controlled or administered by any state agency or any
32 10 subdivision of the state, except for county hospitals as
32 11 provided in paragraph "c" of this subsection, and which meets
32 12 at least one of the criteria in paragraphs "a" through "c" and
32 13 all of the criteria in paragraphs "d" through "f" "g":
32 14 Sec. 68. Section 261.9, subsection 1, Code 2003, is
32 15 amended by adding the following new paragraph:
32 16 NEW PARAGRAPH. g. Adopts a policy to offer not less than
32 17 the following options to a student who is a member of the Iowa
32 18 national guard or reserve forces of the United States and who
32 19 is ordered to active state service or federal service or duty:
32 20 (1) Withdraw from the student's entire registration and
32 21 receive a full refund of tuition and mandatory fees.
32 22 (2) Make arrangements with the student's instructors for
32 23 course grades, or for incompletes that shall be completed by
32 24 the student at a later date. If such arrangements are made,
32 25 the student's registration shall remain intact and tuition and
32 26 mandatory fees shall be assessed for the courses in full.
32 27 (3) Make arrangements with only some of the student's
32 28 instructors for grades, or for incompletes that shall be
32 29 completed by the student at a later date. If such
32 30 arrangements are made, the registration for those courses
32 31 shall remain intact and tuition and mandatory fees shall be
32 32 assessed for those courses. Any course for which arrangements
32 33 cannot be made for grades or incompletes shall be considered
32 34 dropped and the tuition and mandatory fees for the course
32 35 refunded.
33 1 Sec. 69. Section 262.9, Code 2003, is amended by adding
33 2 the following new subsection:
33 3 NEW SUBSECTION. 29. Direct the institutions of higher
33 4 education under its control to adopt a policy to offer not
33 5 less than the following options to a student who is a member
33 6 of the Iowa national guard or reserve forces of the United
33 7 States and who is ordered to active state service or federal
33 8 service or duty:
33 9 a. Withdraw from the student's entire registration and
33 10 receive a full refund of tuition and mandatory fees.
33 11 b. Make arrangements with the student's instructors for
33 12 course grades, or for incompletes that shall be completed by
33 13 the student at a later date. If such arrangements are made,
33 14 the student's registration shall remain intact and tuition and
33 15 mandatory fees shall be assessed for the courses in full.
33 16 c. Make arrangements with only some of the student's
33 17 instructors for grades, or for incompletes that shall be
33 18 completed by the student at a later date. If such
33 19 arrangements are made, the registration for those courses
33 20 shall remain intact and tuition and mandatory fees shall be
33 21 assessed for those courses. Any course for which arrangements
33 22 cannot be made for grades or incompletes shall be considered
33 23 dropped and the tuition and mandatory fees for the course
33 24 refunded.
33 25 Sec. 70. Section 284.13, subsection 1, paragraph a, Code
33 26 2003, is amended to read as follows:
33 27 a. For each fiscal year in the fiscal year period
33 28 beginning July 1, 2001 2003, and ending June 30, 2002 2005,
33 29 the department shall reserve up to one million five hundred
33 30 thousand dollars of any moneys appropriated for purposes of
33 31 this chapter. For each fiscal year in which moneys are
33 32 appropriated by the general assembly for purposes of team=
33 33 based variable pay pursuant to section 284.11, the amount of
33 34 moneys allocated to school districts shall be in the
33 35 proportion that the basic enrollment of a school district
34 1 bears to the sum of the basic enrollments of all participating
34 2 school districts for the budget year. However, the per pupil
34 3 amount distributed to a school district under the pilot
34 4 program shall not exceed one hundred dollars.
34 5 Sec. 71. Section 294A.25, subsections 6 and 10, Code 2003,
34 6 are amended by striking the subsections.
34 7 Sec. 72. Section 294A.25, subsections 7, 8, and 9, Code
34 8 2003, are amended to read as follows:
34 9 7. For Except as otherwise provided in this section, for
34 10 the fiscal year beginning July 1, 1990 2003, and succeeding
34 11 fiscal years, the remainder of moneys appropriated in
34 12 subsection 1 to the department of education shall be deposited
34 13 in the educational excellence fund to be allocated in an
34 14 amount to meet the minimum salary requirements of this chapter
34 15 for phase I, in an amount to meet the requirements for and
34 16 phase II, and the remainder of the appropriation for phase
34 17 III.
34 18 8. Commencing with the fiscal year beginning July 1, 1997
34 19 2003, the amount of two hundred thirty thousand dollars for a
34 20 kindergarten to grade twelve management information system
34 21 from additional funds transferred from phase I to phase III.
34 22 9. For the fiscal year beginning July 1, 2000 2003, and
34 23 for each succeeding fiscal year, the amount of one hundred
34 24 seventy thousand dollars to the state board of regents for
34 25 distribution in the amount of sixty=eight thousand dollars to
34 26 the Iowa braille and sight saving school and in the amount of
34 27 one hundred two thousand dollars to the Iowa state school for
34 28 the deaf from phase III moneys.
34 29 Sec. 73. Section 321J.2, subsection 2, paragraph a,
34 30 subparagraph (3), subparagraph subdivisions (a) and (b), as
34 31 enacted by 2003 Iowa Acts, House File 65, section 2, are
34 32 amended to read as follows:
34 33 (a) A defendant whose alcohol concentration is .08 or more
34 34 but not more than .10 shall not be eligible for any temporary
34 35 restricted license for at least thirty days if a test was
35 1 obtained and an accident resulting in personal injury or
35 2 property damage occurred. The defendant shall be ordered to
35 3 install an ignition interlock device of a type approved by the
35 4 commissioner of public safety on all vehicles owned or
35 5 operated by the defendant if the defendant seeks a temporary
35 6 restricted license. There shall be no such period of
35 7 ineligibility if no such accident occurred, and the defendant
35 8 shall not be ordered to install an ignition interlock device.
35 9 (b) A defendant whose alcohol concentration is more than
35 10 .10 shall not be eligible for any temporary restricted license
35 11 for at least thirty days if a test was obtained, and an
35 12 accident resulting in personal injury or property damage
35 13 occurred or the defendant's alcohol concentration exceeded
35 14 .15. There shall be no such period of ineligibility if no
35 15 such accident occurred and the defendant's alcohol
35 16 concentration did not exceed .15. In either case, where a
35 17 defendant's alcohol concentration is more than .10, the
35 18 defendant shall be ordered to install an ignition interlock
35 19 device of a type approved by the commissioner of public safety
35 20 on all vehicles owned or operated by the defendant if the
35 21 defendant seeks a temporary restricted license.
35 22 Sec. 74. Section 321J.4, subsection 1, paragraphs a and b,
35 23 as enacted by 2003 Iowa Acts, House File 65, section 3, are
35 24 amended to read as follows:
35 25 a. A defendant whose alcohol concentration is .08 or more
35 26 but not more than .10 shall not be eligible for any temporary
35 27 restricted license for at least thirty days if a test was
35 28 obtained and an accident resulting in personal injury or
35 29 property damage occurred. The defendant shall be ordered to
35 30 install an ignition interlock device of a type approved by the
35 31 commissioner of public safety on all vehicles owned or
35 32 operated by the defendant if the defendant seeks a temporary
35 33 restricted license. There shall be no such period of
35 34 ineligibility if no such accident occurred, and the defendant
35 35 shall not be ordered to install an ignition interlock device.
36 1 b. A defendant whose alcohol concentration is more than
36 2 .10 shall not be eligible for any temporary restricted license
36 3 for at least thirty days if a test was obtained, and an
36 4 accident resulting in personal injury or property damage
36 5 occurred or the defendant's alcohol concentration exceeded
36 6 .15. There shall be no such period of ineligibility if no
36 7 such accident occurred and the defendant's alcohol
36 8 concentration did not exceed .15. In either case, where a
36 9 defendant's alcohol concentration is more than .10, the
36 10 defendant shall be ordered to install an ignition interlock
36 11 device of a type approved by the commissioner of public safety
36 12 on all vehicles owned or operated by the defendant if the
36 13 defendant seeks a temporary restricted license.
36 14 Sec. 75. Section 321J.4, subsection 3, paragraphs a and b,
36 15 as enacted by 2003 Iowa Acts, House File 65, section 3, are
36 16 amended to read as follows:
36 17 a. A defendant whose alcohol concentration is .08 or more
36 18 but not more than .10 shall not be eligible for any temporary
36 19 restricted license for at least thirty days if a test was
36 20 obtained and an accident resulting in personal injury or
36 21 property damage occurred. The defendant shall be ordered to
36 22 install an ignition interlock device of a type approved by the
36 23 commissioner of public safety on all vehicles owned or
36 24 operated by the defendant if the defendant seeks a temporary
36 25 restricted license. There shall be no such period of
36 26 ineligibility if no such accident occurred, and the defendant
36 27 shall not be ordered to install an ignition interlock device.
36 28 b. A defendant whose alcohol concentration is more than
36 29 .10 shall not be eligible for any temporary restricted license
36 30 for at least thirty days if a test was obtained, and an
36 31 accident resulting in personal injury or property damage
36 32 occurred or the defendant's alcohol concentration exceeded
36 33 .15. There shall be no such period of ineligibility if no
36 34 such accident occurred and the defendant's alcohol
36 35 concentration did not exceed .15. In either case, where a
37 1 defendant's alcohol concentration is more than .10, the
37 2 defendant shall be ordered to install an ignition interlock
37 3 device of a type approved by the commissioner of public safety
37 4 on all vehicles owned or operated by the defendant if the
37 5 defendant seeks a temporary restricted license.
37 6 Sec. 76. Section 321J.12, subsection 2, paragraphs a and
37 7 b, as enacted by 2003 Iowa Acts, House File 65, section 5, are
37 8 amended to read as follows:
37 9 a. A person whose driver's license or nonresident
37 10 operating privileges have been revoked under subsection 1,
37 11 paragraph "a", whose alcohol concentration is .08 or more but
37 12 not more than .10 shall not be eligible for any temporary
37 13 restricted license for at least thirty days after the
37 14 effective date of the revocation if a test was obtained and an
37 15 accident resulting in personal injury or property damage
37 16 occurred. The defendant shall be ordered to install an
37 17 ignition interlock device of a type approved by the
37 18 commissioner of public safety on all vehicles owned or
37 19 operated by the defendant if the defendant seeks a temporary
37 20 license. There shall be no such period of ineligibility if no
37 21 such accident occurred, and the defendant shall not be ordered
37 22 to install an ignition interlock device.
37 23 b. A defendant whose alcohol concentration is more than
37 24 .10 shall not be eligible for any temporary restricted license
37 25 for at least thirty days if a test was obtained, and an
37 26 accident resulting in personal injury or property damage
37 27 occurred or the defendant's alcohol concentration exceeded
37 28 .15. There shall be no such period of ineligibility if no
37 29 such accident occurred and the defendant's alcohol
37 30 concentration did not exceed .15. In either case, where a
37 31 defendant's alcohol concentration is more than .10, the
37 32 defendant shall be ordered to install an ignition interlock
37 33 device of a type approved by the commissioner of public safety
37 34 on all vehicles owned or operated by the defendant if the
37 35 defendant seeks a temporary restricted license.
38 1 Sec. 77. Section 331.605C, subsection 4, if enacted by
38 2 2003 Iowa Acts, Senate File 453, is amended to read as
38 3 follows:
38 4 4. The state local electronic government electronic
38 5 transaction fund is established in the office of the treasurer
38 6 of state under the control of the treasurer of state. Moneys
38 7 deposited into the fund are not subject to section 8.33.
38 8 Notwithstanding section 12C.7, interest or earnings on moneys
38 9 in the state local electronic government electronic
38 10 transaction fund shall be credited to the fund. Moneys in the
38 11 state local electronic government electronic transaction fund
38 12 are not subject to transfer, appropriation, or reversion to
38 13 any other fund, or any other use except as provided in this
38 14 subsection. The treasurer of state shall enter into a
38 15 contract with the Iowa state association of counties affiliate
38 16 representing county recorders to develop, implement, and
38 17 maintain a statewide internet website for purposes of
38 18 providing electronic access to records and information
38 19 recorded or filed by county recorders. On a monthly basis,
38 20 the county treasurer shall pay one dollar of each fee
38 21 collected pursuant to subsection 1 to the treasurer of state
38 22 for deposit into the state local electronic government
38 23 electronic transaction fund. Moneys credited to the state
38 24 local electronic government electronic transaction fund are
38 25 appropriated to the treasurer of state to be used for contract
38 26 costs. This subsection is repealed June 30, 2004.
38 27 Sec. 78. Section 422.45, Code 2003, is amended by adding
38 28 the following new subsection:
38 29 NEW SUBSECTION. 64. The gross receipts from noncustomer
38 30 point of sale or noncustomer automated teller machine access
38 31 or service charges assessed by a financial institution. For
38 32 purposes of this subsection, "financial institution" means the
38 33 same as defined in section 527.2.
38 34 Sec. 79. Section 435.26A, subsections 2 and 5, as enacted
38 35 by 2003 Iowa Acts, Senate File 134, section 7, are amended to
39 1 read as follows:
39 2 2. Upon receipt of a certificate of title from a
39 3 manufactured home owner, a county treasurer shall notify the
39 4 department of transportation that the certificate of title has
39 5 been surrendered, remove the registration of title from the
39 6 county treasurer's records, and destroy the certificate of
39 7 title.
39 8 The manufactured home owner or the owner's representative
39 9 shall provide to the county recorder the identifying data of
39 10 the manufactured home, including the owner's name, the name of
39 11 the manufacturer, the model name, the year of manufacture, and
39 12 the serial number of the home, along with the legal
39 13 description of the real estate on which the manufactured home
39 14 is located. In addition, evidence shall be provided of the
39 15 surrender of the certificate of title. After the surrender of
39 16 the certificate of title of a manufactured home under this
39 17 section, conveyance of an interest in the manufactured home
39 18 shall not require transfer of title so long as the
39 19 manufactured home remains on the same real estate site.
39 20 5. An owner of a manufactured home who has surrendered a
39 21 certificate of title under this section and requires another
39 22 certificate of title for the manufactured home is required to
39 23 apply for a bonded certificate of title under chapter 321. If
39 24 supporting documents for the reissuance of a title are not
39 25 available or sufficient, the procedure for the reissuance of a
39 26 title specified in the rules of the department of
39 27 transportation shall be used.
39 28 Sec. 80. Section 453A.2, Code 2003, is amended by adding
39 29 the following new subsection:
39 30 NEW SUBSECTION. 5B. A tobacco compliance employee
39 31 training fund is created in the office of the treasurer of
39 32 state. The fund shall consist of civil penalties assessed by
39 33 the Iowa department of public health under section 453A.22,
39 34 for violations of this section. Moneys in the fund are
39 35 appropriated to the alcoholic beverages division of the
40 1 department of commerce and shall be used to develop and
40 2 administer the tobacco compliance employee training program
40 3 under section 453A.2A. Moneys deposited in the fund shall not
40 4 be transferred, used, obligated, appropriated, or otherwise
40 5 encumbered except as provided in this subsection.
40 6 Sec. 81. Section 453C.1, subsection 10, Code 2003, is
40 7 amended to read as follows:
40 8 10. "Units sold" means the number of individual cigarettes
40 9 sold in the state by the applicable tobacco product
40 10 manufacturer, whether directly or through a distributor,
40 11 retailer, or similar intermediary or intermediaries, during
40 12 the year in question, as measured by excise taxes collected by
40 13 the state on packs or roll=your=own tobacco containers bearing
40 14 the excise tax stamp of the state. The department of revenue
40 15 and finance shall adopt rules as are necessary to ascertain
40 16 the amount of state excise tax paid on the cigarettes of such
40 17 tobacco product manufacturer for each year.
40 18 Sec. 82. Section 453C.2, subsection 2, paragraph b,
40 19 subparagraph (2), Code 2003, is amended to read as follows:
40 20 (2) To the extent that a tobacco product manufacturer
40 21 establishes that the amount the manufacturer was required to
40 22 place into escrow on account of units sold in the state in a
40 23 particular year was greater than the state's allocable share
40 24 of the total payments that such manufacturer would have been
40 25 required to make in that year under the master settlement
40 26 agreement the master settlement agreement payments, as
40 27 determined pursuant to section IX(i) of that agreement
40 28 including after final determination of all adjustments, that
40 29 such manufacturer would have been required to make on account
40 30 of such units sold had such manufacturer been a participating
40 31 manufacturer, as such payments are determined pursuant to
40 32 section IX(i)(2) of the master settlement agreement and before
40 33 any of the adjustments or offsets described in section
40 34 IX(i)(3) of that agreement other than the inflation
40 35 adjustment, the excess shall be released from escrow and
41 1 revert back to such tobacco product manufacturer.
41 2 Sec. 83. Section 455D.9, Code 2003, is amended by adding
41 3 the following new subsection:
41 4 NEW SUBSECTION. 1A. Yard waste may be accepted by a
41 5 sanitary landfill for land disposal if the sanitary landfill
41 6 operates an active methane collection system for the purpose
41 7 of producing electricity. For purposes of calculating the
41 8 waste stream and determining the attainment of the waste
41 9 stream reductions under section 455D.3 for a year in which
41 10 yard waste has been accepted for land disposal pursuant to
41 11 this subsection, the planning area shall estimate the amount
41 12 of tonnage attributable to yard waste and the estimated amount
41 13 shall be subtracted from the tonnage accepted by the planning
41 14 area during that year.
41 15 Sec. 84. Section 476.33, Code 2003, is amended by adding
41 16 the following new subsection:
41 17 NEW SUBSECTION. 5. a. The board shall adopt rules that
41 18 require the board, in a rate regulatory proceeding under
41 19 sections 476.3 and 476.6, to consider both of the following
41 20 for inclusion in rates:
41 21 (1) Capital infrastructure investments that will not
41 22 produce significant additional revenues and will be in service
41 23 in Iowa within nine months after the conclusion of the test
41 24 year.
41 25 (2) Cost of capital changes that will occur within nine
41 26 months after the conclusion of the test year that are
41 27 associated with a new generating plant that has been the
41 28 subject of a ratemaking principles proceeding pursuant to
41 29 section 476.53.
41 30 b. This subsection is repealed effective July 1, 2007.
41 31 However, any utilities board proceeding that is pending on
41 32 July 1, 2007, that is being conducted pursuant to section
41 33 476.3 or 476.6 shall be completed as if this section had not
41 34 been repealed. Upon repeal, the board may still consider the
41 35 adjustments addressed in this subsection, but shall not be
42 1 required to consider them.
42 2 Sec. 85. 2003 Iowa Acts, Senate File 453, section 49,
42 3 subsection 1, unnumbered paragraph 1, if enacted, is amended
42 4 to read as follows:
42 5 The department of human services shall establish a work
42 6 group in cooperation with representatives of the insurance
42 7 industry and members of the medical assistance advisory
42 8 council to develop a plan for the redesign of the medical
42 9 assistance program. In developing the redesign plan, the work
42 10 group shall consider all of the following:
42 11 Sec. 86. Sections 266.8, 266.24, 266.25, and 266.26, Code
42 12 2003, are repealed.
42 13 Sec. 87. REPORT ON FEDERAL ELECTION LAW IMPLEMENTATION.
42 14 The state committee, if formed, shall develop a plan for
42 15 compliance with the federal Help America Vote Act, Pub. L. No.
42 16 107=252, and the state committee, in conjunction with the
42 17 state commissioner of elections, shall provide quarterly
42 18 updates to the Senate and House of Representatives standing
42 19 committees on government oversight on the status of the
42 20 implementation of Pub. L. No. 107=252.
42 21 Sec. 88. SALE OF DEPARTMENT OF CORRECTIONS' REAL PROPERTY.
42 22 1. Immediately after the effective date of this section,
42 23 the department of corrections shall develop a plan to sell, at
42 24 market value, the twenty=acre tract of undeveloped land
42 25 adjacent to the Iowa correctional institution for women to any
42 26 municipality with a population of less than twenty thousand
42 27 persons. The plan shall include the sale of the tract of land
42 28 within a commercially reasonable time. The sale shall be
42 29 negotiated by the department and shall be handled in a manner
42 30 that is financially beneficial to the department. The
42 31 department shall as a condition of the sale to the
42 32 municipality require that the land not be sold by the
42 33 municipality for a period of ninety=nine years unless the land
42 34 is resold back to the state. Appraisals conducted by the
42 35 department of the value of the land shall be made available to
43 1 the public immediately following the sale of the tract of
43 2 land. If the department is unable to negotiate a financially
43 3 beneficial sale, the tract of land shall not be sold, and the
43 4 department shall provide the legislative fiscal bureau with
43 5 the reasons the sale did not occur.
43 6 2. The proceeds from the sale of the property as provided
43 7 in subsection 1 shall be retained by the department of
43 8 corrections to be used for correctional facilities. The costs
43 9 incident to the sale of the tract of land including, but not
43 10 limited to, appraisals, invitations for offers, abstracts, and
43 11 other necessary costs, may be paid from the proceeds of the
43 12 sale or from moneys appropriated for support and maintenance
43 13 to the institution at which the real estate is located.
43 14 3. The provisions of section 904.317 shall not apply to
43 15 the sale of the tract of land sold in accordance with this
43 16 section.
43 17 Sec. 89. SALES AND USE TAX REFUND.
43 18 1. Notwithstanding the one=year application period
43 19 provided for in section 422.45, subsection 7, paragraph "b",
43 20 an application by a city with a population between 550 and 625
43 21 located entirely in a county with a population between 39,750
43 22 and 41,750 for a refund of sales, services, or use tax paid
43 23 upon any goods, wares, or merchandise, or services rendered,
43 24 furnished, or performed and used in the performance of
43 25 contracts involving a street construction project and a sewer
43 26 project is considered timely filed under section 422.45,
43 27 subsection 7, if the application for refund is filed with the
43 28 department of revenue and finance on or before August 1, 2003.
43 29 2. Notwithstanding the amount applied for under subsection
43 30 1, the amount of a refund paid under this section shall not
43 31 exceed $15,000.
43 32 Sec. 90. SCHOOL DISTRICT REIMBURSEMENT CLAIM.
43 33 1. Any school district located in a county with a
43 34 population between 11,550 and 12,000 is authorized to refile a
43 35 claim for state reimbursement of the costs of providing
44 1 vocational education programs at the secondary level in its
44 2 district notwithstanding the denial of its previously filed
44 3 claim with the state appeal board if the claim is filed by
44 4 October 1, 2003. Such claim shall be considered timely filed
44 5 notwithstanding any provision of law.
44 6 2. If the claim filed pursuant to subsection 1 is a valid
44 7 claim for state reimbursement, the claim shall be paid subject
44 8 to the following:
44 9 a. The amount of costs reimbursed shall not exceed 6.5
44 10 percent.
44 11 b. Any amount reimbursed pursuant to any previously filed
44 12 claim relating to the same costs shall not be included.
44 13 c. The total amount reimbursed under this section shall
44 14 not exceed $6,000.
44 15 Sec. 91. COORDINATION OF PUBLIC TRANSPORTATION STUDY. The
44 16 state department of transportation shall conduct a study and
44 17 prepare a report pertaining to administrative efficiencies
44 18 that may be gained by the coordination of transit management
44 19 and maintenance systems in the areas of school transportation,
44 20 public transit, and other forms of public transportation. The
44 21 report shall be provided to the general assembly by December
44 22 31, 2003.
44 23 Sec. 92. SUPPLEMENTAL PAYMENT ADJUSTMENTS FOR PHYSICIAN
44 24 SERVICES. To the extent that, pursuant to law enacted by the
44 25 Eightieth General Assembly, 2003 Session, supplemental payment
44 26 adjustments are implemented for physician services provided to
44 27 medical assistance program participants at publicly owned
44 28 acute care hospitals, the department of human services shall
44 29 not, directly or indirectly, recoup the supplemental payment
44 30 adjustments for any reason, unless an amount equivalent to the
44 31 amount of adjustment funds that were transferred to the
44 32 department by the state university of Iowa college of medicine
44 33 is transferred by the department to the qualifying physicians.
44 34 Sec. 93. UTILITIES BOARD REVIEW. The utilities board
44 35 shall initiate and coordinate a review of current ratemaking
45 1 procedures to determine whether different procedures would be
45 2 cost=effective and would result in rates that more accurately
45 3 reflect a utility's cost of providing service to its customers
45 4 in Iowa. The board shall allow the consumer advocate division
45 5 of the department of justice, the rate=regulated utilities,
45 6 and other interested persons to participate in its review.
45 7 The board shall report the results of its review to the
45 8 general assembly, with recommendations as appropriate, on or
45 9 before January 5, 2004.
45 10 Sec. 94. SEVERABILITY.
45 11 1. If this entire Act or any portion of section 453C.2,
45 12 subsection 2, paragraph "b", subparagraph (2), as amended in
45 13 this Act, is held by a court of competent jurisdiction to be
45 14 unconstitutional, section 453C.2, subsection 2, paragraph "b",
45 15 subparagraph (2), is repealed in its entirety.
45 16 2. If section 453C.2, subsection 2, paragraph "b",
45 17 subparagraph (2), is repealed pursuant to subsection 1 and a
45 18 court of competent jurisdiction subsequently finds that
45 19 section 453C.2, subsection 2, paragraph "b", is
45 20 unconstitutional due to such repeal, section 453C.2,
45 21 subsection 2, paragraph "b", subparagraph (2), Code 2003,
45 22 shall be restored.
45 23 3. Any holding of unconstitutionality or any repeal of
45 24 section 453C.2, subsection 2, paragraph "b", subparagraph (2),
45 25 as amended in this Act, or of section 453C.2, subsection 2,
45 26 paragraph "b", subparagraph (2), Code 2003, shall not affect,
45 27 impair, or invalidate any other portion of section 453C.2 or
45 28 the application of that section to any other person or
45 29 circumstance, and the remaining portions of section 453C.2,
45 30 shall continue in full force and effect.
45 31 Sec. 95. FEDERAL HOUSING MONEYS. Any federal moneys
45 32 received by the department of economic development for the
45 33 community development block grant program that are allocated
45 34 for housing and any federal moneys received for the HOME
45 35 investment partnership program shall be coordinated with
46 1 projects within the housing trust fund established in section
46 2 16.181, if enacted.
46 3 Sec. 96. CODE EDITOR DIRECTIVE. The Code editor shall
46 4 change the name of the department of public defense, emergency
46 5 management division, to the department of public defense,
46 6 homeland security and emergency management division, in
46 7 chapter 29C and elsewhere throughout the Code, including
46 8 references to the division made in law enacted by the
46 9 Eightieth General Assembly, 2003 Regular Session and other
46 10 enactments.
46 11 Sec. 97. EFFECTIVE DATES. The following provisions of
46 12 this division of this Act, being deemed of immediate
46 13 importance, take effect upon enactment:
46 14 1. The amendment to section 12E.12.
46 15 2. The amendment to section 15E.193B.
46 16 3. The amendment to section 435.26A.
46 17 4. The amendment to section 453A.2, which shall only take
46 18 effect if 2003 Iowa Acts, Senate File 401, is enacted by the
46 19 Eightieth General Assembly, 2003 Regular Session.
46 20 5. The amendments to sections 453C.1 and 453C.2 and the
46 21 related severability provision.
46 22 6. The section directing the department of corrections to
46 23 develop a plan for selling certain land.
46 24 7. The section relating to the sales and use tax refund.
46 25 8. The section relating to the school district
46 26 reimbursement claim.
46 27 9. Section 29C.8, subsection 3, paragraph "f", as enacted
46 28 in this division of this Act, and the amendment to section
46 29 29C.20, subsection 1, as enacted in this division of this Act,
46 30 take effect July 1, 2004.
46 31 DIVISION VIII
46 32 MEDICAL ASSISTANCE PROGRAM
46 33 Sec. 98. Section 135C.31A, if enacted by 2003 Iowa Acts,
46 34 House File 619, section 2, is amended to read as follows:
46 35 135C.31A ASSESSMENT OF RESIDENTS == PROGRAM ELIGIBILITY.
47 1 Beginning July 1, 2003, a health care facility receiving
47 2 reimbursement through the medical assistance program under
47 3 chapter 249A shall assist the Iowa commission of veterans
47 4 affairs in determining, prior to the initial identifying, upon
47 5 admission of a resident, the prospective resident's
47 6 eligibility for benefits through the federal department of
47 7 veterans affairs. The health care facility shall also assist
47 8 the Iowa commission of veterans affairs in determining such
47 9 eligibility for residents residing in the facility on July 1,
47 10 2003. The department of inspections and appeals, in
47 11 cooperation with the department of human services, shall adopt
47 12 rules to administer this section, including a provision that
47 13 ensures that if a resident is eligible for benefits through
47 14 the federal department of veterans affairs or other third=
47 15 party payor, the payor of last resort for reimbursement to the
47 16 health care facility is the medical assistance program. This
47 17 section shall not apply to the admission of an individual to a
47 18 state mental health institute for acute psychiatric care.
47 19 Sec. 99. Section 249A.20A, if enacted by 2003 Iowa Acts,
47 20 House File 619, section 3, is amended by adding the following
47 21 new subsection:
47 22 NEW SUBSECTION. 5A. The department shall adopt rules to
47 23 provide a procedure under which the department and the
47 24 pharmaceutical and therapeutics committee may disclose
47 25 information relating to the prices manufacturers or
47 26 wholesalers charge for pharmaceuticals. The procedures
47 27 established shall comply with 42 U.S.C. } 1396r=8 and with
47 28 chapter 550.
47 29 Sec. 100. Section 249A.20B, if enacted by 2003 Iowa Acts,
47 30 House File 619, section 4, is amended by adding the following
47 31 new subsection:
47 32 NEW SUBSECTION. 5A. The department of human services
47 33 shall provide a reimbursement to nursing facilities under this
47 34 section. The reimbursement amount shall be calculated as a
47 35 per patient day amount and shall be paid to nursing facilities
48 1 in addition to the reimbursement payment specified in 2001
48 2 Iowa Acts, chapter 192, section 4, subsection 2, paragraph
48 3 "c".
48 4 Sec. 101. 2003 Iowa Acts, House File 619, section 5, if
48 5 enacted, is amended by striking the section and inserting in
48 6 lieu thereof the following:
48 7 SEC. 5. CASE MANAGEMENT PROGRAM FOR FRAIL ELDERS.
48 8 1. The general assembly finds that the existing case
48 9 management program for frail elders administered by the
48 10 department of elder affairs is an important component of the
48 11 long=term care system in this state. The program emphasizes
48 12 the independence and dignity of the individual while providing
48 13 services in a cost=effective manner.
48 14 2. The purposes of the case management program for frail
48 15 elders include all of the following:
48 16 a. To provide planning, policy development, coordination,
48 17 and administrative oversight.
48 18 b. To provide assistance in the form of assessment and
48 19 care coordination under circumstances in which an elder or the
48 20 elder's caregiver is experiencing diminished functional
48 21 capacity or other conditions that require the provision of
48 22 services by professional service providers.
48 23 c. To maintain a system that focuses on the delivery of
48 24 home and community=based services that emphasize individual
48 25 independence, individual needs and desires, and consumer=
48 26 driven quality of services.
48 27 3. It is the intent of the general assembly that the
48 28 department of elder affairs in collaboration with the
48 29 department of human services, area agencies on aging, advocacy
48 30 groups, industry representatives, and consumers submit
48 31 recommendations to the general assembly by October 1, 2003,
48 32 regarding the redesigning of the case management program for
48 33 the frail elderly including preadmission screening
48 34 methodologies, level of care determinations and ongoing
48 35 methodologies for the coordination, provision, and delivery of
49 1 home and community=based services.
49 2 4. It is also the intent of the general assembly that the
49 3 department of elder affairs and the department of human
49 4 services coordinate efforts to resolve issues relating to
49 5 level of care determinations no later than October 1, 2003.
49 6 Sec. 102. 2003 Iowa Acts, House File 619, section 9, if
49 7 enacted, is amended to read as follows:
49 8 SEC. 9. NURSING FACILITY REIMBURSEMENT. Notwithstanding
49 9 2001 Iowa Acts, chapter 192, section 4, subsection 2,
49 10 paragraph "c", and subsection 3, paragraph "a", subparagraph
49 11 (2), if projected state fund expenditures for reimbursement of
49 12 nursing facilities for the fiscal year beginning July 1, 2003,
49 13 in accordance with the reimbursement rate specified in 2001
49 14 Iowa Acts, chapter 192, section 4, subsection 2, paragraph
49 15 "c", exceeds exceed $147,252,856, the department shall adjust
49 16 the inflation factor of the reimbursement rate calculation to
49 17 provide reimbursement within the amount projected specified in
49 18 this section. The department, in consultation with nursing
49 19 facility representatives, shall review the projections on a
49 20 quarterly basis to determine if an interim adjustment is
49 21 necessary in order to provide reimbursement within the amount
49 22 specified in this section. In reviewing the projections, the
49 23 department shall consider the savings from the reduction in
49 24 bed hold payments, elimination of crossover claims, and
49 25 increases in Medicare part A utilization.
49 26 Sec. 103. 2003 Iowa Acts, House File 619, section 12,
49 27 subsections 2 and 3, if enacted, are amended to read as
49 28 follows:
49 29 2. The department of human services, in cooperation with
49 30 the department's fiscal agent and in consultation with a
49 31 chronic care management resource group consortium, shall
49 32 profile medical assistance recipients within a select number
49 33 of disease diagnosis categories. The assessment shall focus
49 34 on those diagnosis areas that present the greatest opportunity
49 35 for impact to improved care and cost reduction.
50 1 3. The department of human services, in consultation with
50 2 a chronic care management resource group consortium, shall
50 3 conduct a chronic disease management pilot project for a
50 4 select number of individuals who are participants in the
50 5 medical assistance program. The project shall focus on a
50 6 select number of chronic diseases which may include congestive
50 7 heart failure, diabetes, and asthma. The initial pilot
50 8 project shall be implemented by October 1, 2003.
50 9 Sec. 104. 2003 Iowa Acts, House File 619, section 12,
50 10 subsection 4, if enacted, is amended by striking the
50 11 subsection and inserting in lieu thereof the following:
50 12 4. The department of human services may procure a sole
50 13 source contract with a vendor to manage individuals with
50 14 select chronic diseases following the conclusion of the
50 15 profiling of medical assistance recipients. The management of
50 16 chronic diseases for individuals under this subsection may be
50 17 coordinated with the pilot project established in subsection
50 18 3.
50 19 Sec. 105. 2002 Iowa Acts, Second Extraordinary Session,
50 20 chapter 1003, section 110, is amended by adding the following
50 21 new paragraph:
50 22 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, up
50 23 to $2,400,000 of the funds appropriated in this section that
50 24 remain unencumbered or unobligated at the close of the fiscal
50 25 year shall not revert but shall remain available in the
50 26 succeeding fiscal year to be used for additional field
50 27 operations, full=time equivalent positions and general
50 28 administration. Four hundred thousand dollars of this amount
50 29 shall be used for eight full=time equivalent positions to
50 30 provide a case manager in each of the judicial districts to
50 31 provide coordination of services for families that have a
50 32 history of methamphetamine abuse and $400,000 of this amount
50 33 shall be used for general administration.
50 34 Sec. 106. VETERANS == DIRECTIVE. The commission of
50 35 veterans affairs shall work with the commandant of the Iowa
51 1 veterans home, the department of human services, and the
51 2 department of inspections and appeals to identify the
51 3 residents of health care facilities who may be eligible for
51 4 benefits through the federal department of veterans affairs
51 5 pursuant to section 135C.31A, if enacted by 2003 Iowa Acts,
51 6 House File 619.
51 7 Sec. 107. The section of this division of this Act
51 8 amending 2002 Iowa Acts, Second Extraordinary Session, chapter
51 9 1003, section 110, relating to certain federal temporary
51 10 assistance for needy families block grant funding, takes
51 11 effect upon enactment.
51 12 EXPLANATION
51 13 This bill relates to public expenditure and regulatory
51 14 matters.
51 15 MH/MR/DD ALLOWABLE GROWTH == This division appropriates
51 16 funding for county mental health, mental retardation, and
51 17 developmental disabilities services allowed growth for fiscal
51 18 year 2004=2005.
51 19 STANDING APPROPRIATIONS == REDUCTIONS == This division
51 20 applies reductions to standing appropriations for the general
51 21 assembly, at=risk children programs, public transit
51 22 assistance, and educational excellence program.
51 23 The division includes an appropriation from the cash
51 24 reserve fund to the rebuild Iowa infrastructure fund and law
51 25 is made inapplicable that would otherwise require that the
51 26 reason for the appropriation be stated, that the appropriation
51 27 be the only subject of the bill, and that the bill receive a
51 28 supermajority vote if the appropriation caused the fund
51 29 balance to drop below a certain level. This appropriation
51 30 takes effect upon enactment. In addition, the division
51 31 reduces a standing appropriation from the rebuild Iowa
51 32 infrastructure fund to the environment first fund for fiscal
51 33 year 2002=2003, and this reduction takes effect upon
51 34 enactment.
51 35 STANDING APPROPRIATIONS == LIMITATIONS == This division
52 1 applies limitations to standing appropriations for
52 2 compensation of military personnel, nonpublic school
52 3 transportation, printing of cigarette tax stamps, state share
52 4 of peace officers' retirement benefits, livestock production
52 5 credit refunds, reimbursement of homestead property tax
52 6 credits, reimbursement of agricultural land and family farm
52 7 tax credits, military service tax credits, state unemployment
52 8 compensation expenses, interest costs under the federal Cash
52 9 Management and Improvement Act, the state's deferred
52 10 compensation program, and elderly and disabled credits.
52 11 REVENUE ADJUSTMENTS == APPROPRIATIONS == This division
52 12 provides revenue adjustments and appropriations. The division
52 13 provides for FY 2003=2004 that the interest and earnings from
52 14 the Iowa economic emergency fund and the cash reserve fund
52 15 will be credited to the general fund of the state instead of
52 16 the rebuild Iowa infrastructure fund as provided in Code
52 17 sections 8.55 and 8.56. For FY 2003=2004, the unexpended
52 18 balances of state general fund operational appropriations will
52 19 revert to the state general fund instead of remaining with
52 20 agencies for use for training and technology purposes as
52 21 provided in Code section 8.62.
52 22 Moneys collected from the income tax checkoff for the keep
52 23 Iowa beautiful fund in FY 2002=2003 and 2003=2004 are
52 24 appropriated to the state department of transportation for the
52 25 purposes provided in Code section 314.28 of education for
52 26 litter prevention, improving waste management and recycling
52 27 efforts, and beautification projects.
52 28 Of the $70 million in gambling revenues that the law
52 29 provides will be deposited in the endowment for Iowa's health
52 30 account of the tobacco settlement trust fund, the division
52 31 provides that $20 million will instead be deposited in the
52 32 general fund of the state.
52 33 The division provides an appropriation to the Iowa
52 34 department of economic development for assistance to a city or
52 35 organization hosting the national junior olympics.
53 1 Code section 8.55, relating to the Iowa economic emergency
53 2 fund, includes provisions making transfers when the fund has
53 3 reached its maximum balance. The standing limited transfer to
53 4 the senior living trust fund is increased to $118 million.
53 5 The division delays by one year the effective date of a
53 6 change in the maximum balances of the cash reserve and Iowa
53 7 economic emergency funds. Current law provides that effective
53 8 July 1, 2003, the maximum balances of the two reserve funds
53 9 will change from each at 5 percent of the adjusted revenue
53 10 estimate to the cash reserve at 7.5 percent and the Iowa
53 11 economic emergency fund at 2.5 percent. The bill delays this
53 12 change until July 1, 2004.
53 13 For fiscal year 2003=2004 the maximum amount of job credits
53 14 for the accelerated career education program under Code
53 15 section 260G.4B is decreased from $6 million to $4 million.
53 16 The division eliminates a standing appropriation from the
53 17 general fund to the endowment for Iowa's health account for
53 18 fiscal year 2003=2004.
53 19 The bill appropriates to the department of workforce
53 20 development moneys transferred to the state from the federal
53 21 government under the federal Social Security Act. The moneys
53 22 are to be used for payment of unemployment compensation
53 23 benefits and for establishing the unemployment compensation
53 24 reserve fund created by the division in Code section 96.9; for
53 25 purposes of automation and technology for the unemployment tax
53 26 and claims system; and for infrastructure improvements and
53 27 other costs associated with enhanced services to unemployment
53 28 benefit claimants for workforce and labor exchange services.
53 29 The provisions creating the reserve fund also provide for
53 30 receipt of reserve contributions if the fund balance falls
53 31 below a certain level.
53 32 The fiscal year 2002=2003 appropriation to the state racing
53 33 and gaming commission for purposes of racetrack regulation is
53 34 increased.
53 35 COMPENSATION AND BENEFITS == This division relates to
54 1 compensation and benefits paid to state employees. The
54 2 division appropriates moneys for the fiscal year beginning
54 3 July 1, 2003, to fund salary adjustments for certain contract
54 4 and noncontract employees.
54 5 The state board of regents is specifically allocated
54 6 appropriations to fund increases to employees at the state
54 7 school for the deaf and the Iowa braille and sight saving
54 8 school and is to use other sources to fund other employee
54 9 increases.
54 10 The division also provides supplemental authorization to
54 11 fund salaries from trust, revolving, and special funds for
54 12 which the general assembly has established a budget.
54 13 State trooper meal allowances are provided for and a salary
54 14 model coordinator is funded to maintain the state's salary
54 15 model in conjunction with the legislative fiscal bureau.
54 16 CORRECTIVE PROVISIONS == This division provides corrective
54 17 amendments to legislation passed in the Eightieth General
54 18 Assembly, 2003 Regular Session.
54 19 Code section 8A.202, if enacted in House File 534, which
54 20 relates to information technology services to be provided by
54 21 the newly created department of administrative services, is
54 22 amended to incorporate language dealing with electronic agency
54 23 reports which conforms to the new Code chapter on state
54 24 archives and records enacted in House File 648. A redundant
54 25 section of House File 648, which amends a Code chapter
54 26 repealed in House File 534, is repealed.
54 27 Code section 99E.9, as amended in 2003 Iowa Acts, House
54 28 File 171, is amended to correctly refer to national criminal
54 29 history checks, to conform to other references to those checks
54 30 in House File 171.
54 31 Code sections 135.150 and 135.154, enacted in House File
54 32 396, are amended to correct the name of the director of public
54 33 health and to specify the division of a Code chapter rather
54 34 than the division of a state agency.
54 35 New section 170.6(1), if enacted by House File 624, is
55 1 amended to provide that failure of a landowner to notify or
55 2 provide access to the department of agriculture and land
55 3 stewardship before first releasing whitetail deer on the land
55 4 is cause for suspension or revocation of certificate to keep
55 5 whitetail deer as farm deer. House File 624 in another
55 6 section requires notification and access to be given to the
55 7 department.
55 8 Amendments to Code sections 232.71B, 235B.3, and 692A.13,
55 9 if enacted by 2003 Iowa Acts, House File 558, are amended to
55 10 insert the word "adult" in order to correct references to the
55 11 dependent adult abuse registry.
55 12 Code section 304B.3, if enacted in House File 648, which
55 13 relates to the membership of the state records commission, is
55 14 amended to conform to the changes made in House File 534 with
55 15 respect to the directors of the newly created department of
55 16 administrative services and other state agencies.
55 17 Code section 356.7(1), as amended by 2003 Iowa Acts, House
55 18 File 650, is amended to correct a grammatical error.
55 19 Code section 459.401(2)(a)(3A), if enacted by House File
55 20 644, is amended to correct an internal reference to another
55 21 Code section.
55 22 Code section 505A.1, as enacted in 2003 Iowa Acts, House
55 23 File 647, is amended to insert a missing preposition before an
55 24 internal reference.
55 25 Code section 508.31A, as amended in 2003 Iowa Acts, House
55 26 File 647, is amended to correct an internal reference to
55 27 another paragraph of the Code section.
55 28 Code section 901.5, as amended by 2003 Iowa Acts, House
55 29 File 404, and relating to the scheduling of a contempt
55 30 proceeding for violation of a no=contact order in a criminal
55 31 case, is amended to make a reference to five days consistent
55 32 with another provision in the same legislation.
55 33 A corrective section of Senate File 155, the substantive
55 34 Code editor's bill, which amends Code section 49.71 relating
55 35 to the discontinuance of instructional cards for voters, is
56 1 repealed if 2003 Iowa Acts, House File 614, which more
56 2 thoroughly amends and updates Code section 49.71, is enacted.
56 3 2003 Iowa Acts, Senate File 155, one of the Code editor's
56 4 bills, is amended to repeal section 56 of that bill which
56 5 contains a corrective reference in Code section 237A.29 to a
56 6 child care provider suspension sanction. The repeal is in
56 7 favor of an amendment to the same Code section by 2003 Iowa
56 8 Acts, Senate File 351, which substantively rewrites the child
56 9 care provider sanctions in that Code section.
56 10 The amendment to Code section 56.5 in 2003 Iowa Acts, House
56 11 File 601, is corrected by specifying that only paragraph "d"
56 12 of subsection 2 is stricken.
56 13 House File 624, section 22, if enacted, is corrected to
56 14 clarify that it is the fence which encloses farm deer on the
56 15 effective date of House File 624 that is deemed to comply with
56 16 the construction requirements of the bill.
56 17 MISCELLANEOUS PROVISIONS == This division provides
56 18 miscellaneous provisions.
56 19 The division amends Code sections 12B.10 and 12B.10A,
56 20 relating to public funds investment standards and public funds
56 21 investment maturity and procedural limitations, to provide
56 22 that the short=term investments of the state board and
56 23 institutions under the control of the state board of regents
56 24 cannot have an effective maturity in excess of 63 months.
56 25 The division amends Code section 12E.12(8) to allow the
56 26 issuing agency of refunding bonds for tobacco settlement
56 27 authority bonds, which cannot be used for such refunding, to
56 28 be used for capital infrastructure improvements at the issuing
56 29 agency. This provision takes effect upon enactment.
56 30 Code section 15E.193B(4) is amended to allow the department
56 31 of economic development to extend the two=year completion
56 32 period for tax credits for housing projects in enterprise
56 33 zones if completion of the project is impossible because of
56 34 substantial loss due to a catastrophe. "Substantial loss"
56 35 means at least 30 percent of the project's eligible basis.
57 1 This amendment takes effect upon enactment.
57 2 The division creates a new Code section 16.181 that
57 3 establishes a housing trust fund to be administered by the
57 4 Iowa finance authority. The fund shall be used for the
57 5 development and preservation of affordable housing for low=
57 6 income people in the state. The new Code section provides
57 7 that assets in the housing trust fund shall consist of all of
57 8 the following:
57 9 1. Any assets received by the authority from the Iowa
57 10 housing corporation.
57 11 2. Any moneys transferred by the authority for deposit in
57 12 the housing trust fund.
57 13 3. Any other moneys appropriated by the general assembly
57 14 and any other moneys available to and obtained or accepted by
57 15 the authority for placement in the housing trust fund.
57 16 The new Code section also creates a local housing trust
57 17 fund program and a project=based housing program within the
57 18 housing trust fund.
57 19 The new Code section provides that 60 percent of the assets
57 20 in the housing trust fund shall be allocated to the local
57 21 housing trust fund program and 40 percent of the assets are
57 22 allocated to the project=based housing program. Any assets
57 23 remaining in the local housing trust fund program on April 1
57 24 of each fiscal year which have not been awarded to a local
57 25 housing trust fund may be transferred to the project=based
57 26 housing program at any time prior to the end of the fiscal
57 27 year.
57 28 The division amends Code section 25.1 to provide that the
57 29 state appeal board shall no longer consider claims for vehicle
57 30 registration fee refunds. Such refunds are obtained by
57 31 application to the state department of transportation in
57 32 certain circumstances when a vehicle is sold, transferred, or
57 33 junked.
57 34 Code section 28.9, relating to the school ready children
57 35 grants account of the Iowa empowerment fund, is amended to
58 1 require the distribution formula used for the grants to
58 2 incorporate certain performance components.
58 3 The division amends Code section 29C.8 by requiring the
58 4 administrator of the emergency management division of the
58 5 department of public defense, effective July 1, 2004, to
58 6 approve and support the development and ongoing operations of
58 7 an urban search and rescue team within the state. Members of
58 8 the team when acting under the direction of the administrator
58 9 or pursuant to a governor's disaster proclamation are
58 10 considered employees of the state and shall be compensated for
58 11 disability, workers' compensation, and death benefits as
58 12 appropriate. The administrator of the emergency management
58 13 division of the department of public defense must also
58 14 develop, implement, and support a uniform incident command
58 15 system to be used by state agencies responding to emergencies
58 16 and disasters beginning July 1, 2003. A related change is
58 17 made to Code section 29C.20, pertaining to a contingent fund
58 18 governed by the executive council for use in responding to
58 19 disasters and other emergencies, to authorize payment of
58 20 expenses and claims from the fund beginning July 1, 2004, for
58 21 authorized urban search and rescue team activities.
58 22 The division amends section 99G.40(1), if enacted by Senate
58 23 File 453, to authorize the auditor of state to perform audits
58 24 on the records and papers of the Iowa lottery authority which
58 25 is created in that bill.
58 26 Code sections 260C.14, 261.9, and 262.9 are amended to
58 27 require community colleges, private colleges, or universities
58 28 under Iowa's tuition grant program, and the board of regents
58 29 universities to offer options to students who are members of
58 30 the national guard or military reserves and are called to
58 31 active state or federal duty. These options include the
58 32 withdrawal from registration with a full refund of tuition and
58 33 fees, course grades be given or incomplete grades be given to
58 34 be made up later for all of the courses, or course grades be
58 35 given or incomplete grades be given to be made up later for
59 1 only some of the courses.
59 2 Code section 284.13(1) is amended to revive the allocation
59 3 for the team=based variable pay program administered by the
59 4 department of education during the 2001=2002 fiscal year by
59 5 providing a $500,000 allocation from the appropriation for the
59 6 student achievement and teacher quality program for each
59 7 fiscal year of the fiscal period beginning July 1, 2003, and
59 8 ending June 30, 2005.
59 9 Code section 294A.25(6)=(10) is amended by striking
59 10 references to phase III in standing Code language that
59 11 provides for the allocation of educational excellence moneys
59 12 to the department of education; striking the subsection used
59 13 to allocate moneys in prior years for the ambassador to
59 14 education program, which in FY 2003=2004 is funded from a
59 15 student achievement and teacher quality program allocation;
59 16 and striking the subsection used to allocate moneys in prior
59 17 years for purposes of the Iowa mathematics and science
59 18 coalition. The amendments provide that the allocations for
59 19 the kindergarten through grade 12 management information
59 20 system and for the Iowa braille and sight saving school and
59 21 the Iowa state school for the deaf will be made prior to the
59 22 allocations provided to meet the minimum teacher salary
59 23 requirements and salary improvement requirements of Code
59 24 chapter 294A.
59 25 The division amends Code sections 321J.2, 321J.4, and
59 26 321J.12, as amended by 2003 Iowa Acts, House File 65, to
59 27 provide that a defendant who has been convicted of a first
59 28 offense operating=while=intoxicated offense whose driver's
59 29 license or nonresident operating privileges have been revoked
59 30 and who seeks a temporary restricted license must install an
59 31 approved ignition interlock device on all vehicles owned or
59 32 operated by the defendant. This requirement also applies to a
59 33 defendant whose driver's license or nonresident operating
59 34 privileges have been revoked administratively due to chemical
59 35 test failure.
60 1 Code section 331.604C(4), if enacted by Senate File 453, is
60 2 amended to change the name of the fund to which locally
60 3 collected electronic transaction fees are deposited for
60 4 purposes of providing electronic access to local records from
60 5 the "state government electronic transaction" fund to the
60 6 "local electronic government transaction" fund.
60 7 Code section 422.45 is amended to add a new subsection 64
60 8 that exempts from the sales and use taxes the access or
60 9 service charges assessed by financial institutions on
60 10 noncustomer point of sale or noncustomer use of automated
60 11 teller machines.
60 12 Code section 435.26A, as enacted by 2003 Iowa Acts, Senate
60 13 File 134, is amended to require certain information be
60 14 provided when the certificate of title for a manufactured home
60 15 has been surrendered. The amendment also provides for the
60 16 procedure for the reissuance of a previously surrendered
60 17 certificate of title for a manufactured home. The amendments
60 18 are effective upon enactment.
60 19 Code sections 453C.1 and 453C.2 are amended to allow
60 20 cigarette manufacturers that are not members of the master
60 21 settlement agreement and that are required to place moneys
60 22 into escrow on account for cigarettes to be sold in the state
60 23 to receive a refund of any excess escrow amounts remitted
60 24 because of fewer cigarettes sold than anticipated. The
60 25 amendments take effect upon enactment.
60 26 Code section 476.33 is amended to require the utilities
60 27 board to consider for inclusion in the rates for public
60 28 utilities the capital infrastructure investments that will not
60 29 produce significant revenues and will be in service within the
60 30 test year and the cost of capital charges that will occur
60 31 within nine months following the test year which are
60 32 associated with a new generating plant. The utilities board
60 33 is also directed to initiate and coordinate a review of
60 34 current ratemaking procedures.
60 35 The division provides that if Senate File 401, relating to
61 1 tobacco law compliance is enacted, a tobacco compliance
61 2 employee training fund is created in Code section 453A.2
61 3 consisting of the civil penalties charged for violations of
61 4 the law for sales to underage purchasers. Moneys in the fund
61 5 are appropriated to the alcoholic beverages division of the
61 6 department of commerce for the tobacco compliance employee
61 7 training program created in Senate File 401. This provision
61 8 takes effect upon enactment.
61 9 Code section 455D.9 is amended to provide an exception to
61 10 the prohibition on the land disposal of yard waste if the yard
61 11 waste is accepted by a sanitary landfill that operates an
61 12 active methane collection system for the purpose of producing
61 13 electricity.
61 14 The division amends Senate File 453, section 49, if
61 15 enacted, which directs the department of human services to
61 16 create a work group for the redesign of the medical assistance
61 17 program. The amendment would add members of the medical
61 18 assistance advisory council to the work group. The medical
61 19 assistance advisory council participants will bring valuable
61 20 expertise in each specialized field or industry that would not
61 21 be available if the insurance industry is the only stakeholder
61 22 at the table.
61 23 The division repeals the following Code sections, involving
61 24 programs at Iowa state university of science and technology:
61 25 Code section 266.8, relating to hazardous waste technical
61 26 research and assistance program, and Code sections 266.24,
61 27 266.25, and 266.26, relating to the laboratory for the
61 28 manufacture and distribution of hog=cholera serum, toxins,
61 29 vaccines, and biological products.
61 30 The division directs the state committee, if one is formed,
61 31 to implement the federal Help America Vote Act and the
61 32 commissioner of elections to report quarterly to the
61 33 government oversight committees on the status of
61 34 implementation of the federal Act.
61 35 The division directs the department of corrections to
62 1 develop a plan to sell to a municipality a 20=acre tract of
62 2 undeveloped land located adjacent to the Iowa correctional
62 3 institution for women. Net proceeds of the sale are to be
62 4 retained by the department to be used for correctional
62 5 facilities. This provision takes effect upon enactment.
62 6 The division allows a city meeting certain population
62 7 criteria to make application for refund of sales or use tax
62 8 paid relative to street and sewer construction projects and
62 9 for the application to be considered to be timely filed,
62 10 notwithstanding the one=year application period, if it is
62 11 filed by August 1, 2003. Any refund paid cannot exceed
62 12 $15,000. This provision takes effect upon enactment.
62 13 The division allows a school district located in a county
62 14 with a certain population to refile for state reimbursement
62 15 for costs for providing vocational education programs at the
62 16 secondary level in its district. The amount of reimbursement
62 17 is limited to 6.5 percent of the costs and to $6,000 minus any
62 18 amount previously received from a prior claim for
62 19 reimbursement of those costs.
62 20 The division also directs the state department of
62 21 transportation to conduct a study pertaining to administrative
62 22 efficiencies to be gained in coordination of school and public
62 23 transportation. A report must be filed by the end of the 2003
62 24 calendar year.
62 25 The division includes language providing that if
62 26 supplemental payment adjustments are implemented for physician
62 27 services provided to medical assistance (Medicaid) program
62 28 recipients at publicly owned acute care teaching hospitals,
62 29 the department of human services cannot recoup the adjustments
62 30 unless an amount is transferred by the department to the
62 31 qualifying physicians that is equivalent to the amount
62 32 transferred by the state university of Iowa to the department.
62 33 The division provides for coordination of federal moneys
62 34 with the projects of the housing trust fund created in this
62 35 division of the bill.
63 1 The division requires the Iowa Code editor to change the
63 2 name of the emergency management division of the department of
63 3 public defense to the homeland security and emergency
63 4 management division.
63 5 MEDICAL ASSISTANCE PROGRAM == This division amends House
63 6 File 619 to direct health care facilities to assist the Iowa
63 7 commission of veterans affairs in identifying residents that
63 8 may be eligible for rather than actually determining a
63 9 resident's eligibility for benefits through the federal
63 10 department of veterans affairs.
63 11 The division adds a new subsection 5A to new Code section
63 12 249A.20A, if enacted by House File 619, that directs the
63 13 department of human services to adopt rules for disclosure of
63 14 certain information under the medical assistance preferred
63 15 drug list program to be developed by the department of human
63 16 services.
63 17 The division amends Code section 249A.20B, if enacted by
63 18 House File 619, to provide that under the nursing facility
63 19 quality assurance assessment, the department of human services
63 20 is to provide a reimbursement to nursing facilities and is to
63 21 calculate the amount of the reimbursement as a per patient day
63 22 amount and pay this amount in addition to the existing
63 23 reimbursement amount under the case=mix reimbursement rate.
63 24 The division replaces language in House File 619 relating
63 25 to the case management program for the frail elderly to
63 26 provide that it is the intent of the general assembly that the
63 27 department of elder affairs in collaboration with the
63 28 department of human services, area agencies on aging, advocacy
63 29 groups, industry representatives, and consumers to submit
63 30 recommendations regarding the redesign of the program to the
63 31 general assembly by October 1, 2003. The new language also
63 32 provides that it is the intent of the general assembly that
63 33 the department of elder affairs and the department of human
63 34 services coordinate efforts to resolve issues relating to
63 35 level of care determinations no later than October 1, 2003.
64 1 The division amends House File 619 to provide that with
64 2 regard to the nursing facility reimbursement, the department
64 3 of human services, in consultation with nursing facility
64 4 representatives is to review projections of state general fund
64 5 expenditures for nursing facility reimbursement on a quarterly
64 6 basis and is to consider savings from other nursing facility
64 7 payment policy changes in the review.
64 8 The division also amends 2003 Iowa Acts, House File 619,
64 9 relating to chronic care management, to correct references and
64 10 to provide for contracting for provision of chronic disease
64 11 management.
64 12 The division provides for use of a portion of the temporary
64 13 assistance for needy families moneys carried forward from FY
64 14 2002=2003, and to direct the commission of veterans affairs to
64 15 work with the commandant of the Iowa veterans home, the
64 16 department of human services, and the department of
64 17 inspections and appeals to identify residents of health care
64 18 facilities who may be eligible for benefits through the
64 19 federal department of veterans affairs.
64 20 LSB 1133HV 80
64 21 mg/sh/8