House File 911 - Introduced



                                    HOUSE FILE       
                                    BY  COMMITTEE ON APPROPRIATIONS

                                    (SUCCESSOR TO LSB 1134HC)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to and making appropriations to state departments
  2    and agencies from the rebuild Iowa infrastructure fund,
  3    vertical infrastructure fund, the endowment for Iowa's health
  4    restricted capitals fund, and the technology reinvestment
  5    fund, and related matters, and providing an effective date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1134HV 82
  8 rh/gg/14

PAG LIN



  1  1                           DIVISION I
  1  2                REBUILD IOWA INFRASTRUCTURE FUND
  1  3    Section 1.  There is appropriated from the rebuild Iowa
  1  4 infrastructure fund to the following departments and agencies
  1  5 for the fiscal year beginning July 1, 2007, and ending June
  1  6 30, 2008, the following amounts, or so much thereof as is
  1  7 necessary, to be used for the purposes designated:
  1  8    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
  1  9    a.  For relocation and project costs directly associated
  1 10 with remodeling projects on the capitol complex and for
  1 11 facility lease payments, notwithstanding section 8.57,
  1 12 subsection 6, paragraph "c":
  1 13 .................................................. $  1,824,500
  1 14    b.  For routine maintenance of state buildings and
  1 15 facilities, notwithstanding section 8.57, subsection 6,
  1 16 paragraph "c":
  1 17 .................................................. $  5,000,000
  1 18    c.  For costs associated with capitol interior and exterior
  1 19 restoration:
  1 20 .................................................. $  6,300,000
  1 21    d.  For upgrades to the electrical distribution system
  1 22 serving the capitol complex:
  1 23 .................................................. $  3,460,960
  1 24    e.  For costs associated with the enterprise resource
  1 25 planning system, notwithstanding section 8.57, subsection 6,
  1 26 paragraph "c":
  1 27 .................................................. $  1,500,000
  1 28    f.  For costs associated with the restoration of the west
  1 29 capitol terrace:
  1 30 .................................................. $  1,600,000
  1 31    g.  For the purchase and installation of decorative
  1 32 planters on state property west of the west capitol terrace,
  1 33 notwithstanding section 8.57, subsection 6, paragraph "c":
  1 34 .................................................. $    120,000
  1 35    h.  For costs to repair parking lots and sidewalks on the
  2  1 capitol complex:
  2  2 .................................................. $  1,650,000
  2  3    i.  To provide funding and related services for capitol
  2  4 complex property acquisition, notwithstanding section 8.57,
  2  5 subsection 6, paragraph "c":
  2  6 .................................................. $  1,000,000
  2  7    j.  For costs associated with the relocation of the vehicle
  2  8 dispatch fueling station:
  2  9 .................................................. $    350,000
  2 10    k.  For costs associated with the central energy plant
  2 11 addition and improvements:
  2 12 .................................................. $    998,000
  2 13    l.  For heating, ventilating, and air conditioning
  2 14 improvements in the Hoover state office building:
  2 15 .................................................. $  1,320,000
  2 16    m.  For a feasibility study relating to renovations to the
  2 17 capitol complex utility tunnel system, notwithstanding section
  2 18 8.57, subsection 6, paragraph "c":
  2 19 .................................................. $    260,000
  2 20    n.  For costs associated with a feasibility study
  2 21 concerning asbestos abatement and related building renovation
  2 22 work at the Iowa workforce development building located at
  2 23 1000 E. Grand Avenue in Des Moines, notwithstanding section
  2 24 8.57, subsection 6, paragraph "c":
  2 25 .................................................. $  1,000,000
  2 26    o.  For allocation to the worker's monument committee for
  2 27 costs associated with the construction of a worker's monument
  2 28 to be located on the capitol complex:
  2 29 .................................................. $    200,000
  2 30    p.  For capital improvements at the civil commitment unit
  2 31 for sexual offenders facility at Cherokee:
  2 32 .................................................. $    750,000
  2 33    2.  DEPARTMENT OF CORRECTIONS
  2 34    a.  For costs associated with the Cedar Rapids mental
  2 35 health facility:
  3  1 .................................................. $  1,300,000
  3  2    b.  For capital improvement projects at correctional
  3  3 facilities:
  3  4 .................................................. $  5,495,000
  3  5    c.  For the master planning process for the possible
  3  6 remodel, expansion, and demolition of buildings at the Iowa
  3  7 correctional institution for women; to develop, validate, and
  3  8 implement custody classification systems; and a research=based
  3  9 study of the substance abuse, sex offender, and medical and
  3 10 mental health treatment programs to ensure adherence to
  3 11 evidence=based practices, notwithstanding section 8.57,
  3 12 subsection 6, paragraph "c":
  3 13 .................................................. $    500,000
  3 14    d.  For the lease payment under the lease=purchase
  3 15 agreement to connect the electrical system supporting the
  3 16 special needs unit at Fort Madison:
  3 17 .................................................. $    333,168
  3 18    e.  For costs associated with boiler improvements at the
  3 19 correctional facility located at Anamosa:
  3 20 .................................................. $     25,000
  3 21    3.  DEPARTMENT OF CULTURAL AFFAIRS
  3 22    a.  For continuation of the project recommended by the Iowa
  3 23 battle flag advisory committee to stabilize the condition of
  3 24 the battle flag collection, notwithstanding section 8.57,
  3 25 subsection 6, paragraph "c":
  3 26 .................................................. $    220,000
  3 27    The department is authorized an additional 1.50 full=time
  3 28 equivalent positions for a conservation assistant and a
  3 29 part=time historian for work related to the stabilization and
  3 30 preservation of the battle flag collection.
  3 31    b.  For historical site preservation grants to be used for
  3 32 the restoration, preservation, and development of historic
  3 33 sites:
  3 34 .................................................. $  1,000,000
  3 35    In making grants pursuant to this lettered paragraph, the
  4  1 department shall consider the existence and amount of other
  4  2 funds available to an applicant for the designated project.  A
  4  3 grant awarded from moneys appropriated in this lettered
  4  4 paragraph shall not exceed $100,000 per project.  Not more
  4  5 than two grants may be awarded in the same county.
  4  6    Notwithstanding the provisions of this lettered paragraph,
  4  7 $200,000 shall be allocated to the last surviving Frank Lloyd
  4  8 Wright hotel located in a county with a population between
  4  9 46,000 and 47,000.
  4 10    4.  DEPARTMENT OF ECONOMIC DEVELOPMENT
  4 11    a.  For infrastructure expenses to support the development
  4 12 and expansion of targeted industry areas of advanced
  4 13 manufacturing, bioscience, and information technology pursuant
  4 14 to 2007 Iowa Acts, House File 829, if enacted, notwithstanding
  4 15 section 8.57, subsection 6, paragraph "c":
  4 16 .................................................. $  1,750,000
  4 17    b.  For accelerated career education program capital
  4 18 projects at community colleges that are authorized under
  4 19 chapter 260G and that meet the definition of "vertical
  4 20 infrastructure" in section 8.57, subsection 6, paragraph "c":
  4 21 .................................................. $  5,500,000
  4 22    The moneys appropriated in this lettered paragraph shall be
  4 23 allocated equally among the community colleges in the state.
  4 24 If any portion of the equal allocation to a community college
  4 25 is not obligated or encumbered by April 1, 2008, the
  4 26 unobligated and unencumbered portions shall be available for
  4 27 use by other community colleges.
  4 28    5.  DEPARTMENT OF EDUCATION
  4 29    a.  To provide resources for structural and technological
  4 30 improvements to local libraries and for the enrich Iowa
  4 31 program, notwithstanding section 8.57, subsection 6, paragraph
  4 32 "c":
  4 33 .................................................. $  1,000,000
  4 34    Of the amount appropriated in this lettered paragraph,
  4 35 $50,000 shall be allocated equally to each library service
  5  1 area.
  5  2    b.  To the public broadcasting division to upgrade and
  5  3 replace mechanical equipment:
  5  4 .................................................. $  1,275,000
  5  5    6.  DEPARTMENT OF HUMAN SERVICES
  5  6    For the renovation and construction of certain nursing
  5  7 facilities, consistent with the provisions of chapter 249K, as
  5  8 enacted in this Act:
  5  9 .................................................. $  1,000,000
  5 10    7.  IOWA FINANCE AUTHORITY
  5 11    a.  For grants for distribution for water quality
  5 12 improvement projects:
  5 13 .................................................. $  4,000,000
  5 14    b.  For deposit into the housing trust fund created in
  5 15 section 16.181:
  5 16 .................................................. $  2,500,000
  5 17    8.  IOWA STATE FAIR
  5 18    For infrastructure improvements to the Iowa state
  5 19 fairgrounds including but not limited to the construction of
  5 20 an agricultural exhibition center on the Iowa state
  5 21 fairgrounds:
  5 22 .................................................. $  3,000,000
  5 23    9.  DEPARTMENT OF NATURAL RESOURCES
  5 24    a.  For state park infrastructure renovations:
  5 25 .................................................. $  2,500,000
  5 26    b.  For implementation of lake projects that have
  5 27 established watershed improvement initiatives and community
  5 28 support in accordance with the department's annual lake
  5 29 restoration plan and report, notwithstanding section 8.57,
  5 30 subsection 6, paragraph "c":
  5 31 .................................................. $  8,600,000
  5 32    Of the moneys appropriated in this lettered paragraph,
  5 33 $200,000 shall be used for the purposes of supporting a low
  5 34 head dam public hazard improvement program.  The moneys shall
  5 35 be used to provide grants to local communities, including
  6  1 counties and cities, for projects approved by the department.
  6  2    (1)  The department shall establish a grant application
  6  3 process and shall require each local community applying for a
  6  4 project grant to submit a project plan for the expenditure of
  6  5 the moneys, and to file a report with the department regarding
  6  6 the project, as required by the department.
  6  7    (2)  The department shall only award moneys on a matching
  6  8 basis, pursuant to which the local community shall contribute
  6  9 a dollar for each dollar awarded by the department, in order
  6 10 to finance a project.
  6 11    c.  For infrastructure improvements for a state river
  6 12 recreation area located in a county with a population between
  6 13 21,900 and 22,100:
  6 14 .................................................. $    750,000
  6 15    d.  For lake dredging and related improvements including
  6 16 ongoing dam maintenance and operation on a lake with public
  6 17 access that has the support of a benefited lake district
  6 18 located in a county with a population between 18,015 and
  6 19 18,050 according to the 2005 population estimate issued by the
  6 20 federal government, notwithstanding section 8.57, subsection
  6 21 6, paragraph "c":
  6 22 .................................................. $    100,000
  6 23    e.  For the construction and installation of an angled
  6 24 well, pumps, and piping to connect the existing infrastructure
  6 25 from the new well to a lake located in a county with a
  6 26 population between 87,500 and 88,000:
  6 27 .................................................. $    500,000
  6 28    Moneys appropriated in this lettered paragraph are
  6 29 contingent upon receipt of matching funds from a state taxing
  6 30 authority surrounding such lake.
  6 31    10.  DEPARTMENT OF PUBLIC DEFENSE
  6 32    a.  For construction costs associated with the Camp Dodge
  6 33 armed forces readiness center:
  6 34 .................................................. $     50,000
  6 35    b.  For construction costs associated with the new Iowa
  7  1 City readiness center:
  7  2 .................................................. $  1,200,000
  7  3    c.  For renovation and modernization of the Waterloo
  7  4 aviation readiness center:
  7  5 .................................................. $    500,000
  7  6    d.  For upgrades to the Camp Dodge water distribution
  7  7 system:
  7  8 .................................................. $    400,000
  7  9    e.  For major maintenance projects at national guard
  7 10 armories and facilities:
  7 11 .................................................. $  1,500,000
  7 12    f.  For renovation and modernization of the national guard
  7 13 armory in Ottumwa:
  7 14 .................................................. $  1,000,000
  7 15    g.  For renovation and modernization of the Newton
  7 16 readiness center:
  7 17 .................................................. $    400,000
  7 18    h.  For renovation and modernization of the Eagle Grove
  7 19 readiness center:
  7 20 .................................................. $    400,000
  7 21    i.  For construction costs associated with the joint public
  7 22 defense/Iowa law enforcement academy shoothouse:
  7 23 .................................................. $    500,000
  7 24    j.  For general infrastructure improvements at the gold
  7 25 star museum at Camp Dodge:
  7 26 .................................................. $  1,000,000
  7 27    11.  DEPARTMENT OF PUBLIC SAFETY
  7 28    a.  For construction of an Iowa state patrol post in
  7 29 district 8:
  7 30 .................................................. $  2,400,000
  7 31    b.  For construction of a state emergency response training
  7 32 facility to be located in merged area XI:
  7 33 .................................................. $  2,000,000
  7 34    c.  To provide grants to regional emergency response
  7 35 training centers established under section 100B.22 for
  8  1 infrastructure improvements:
  8  2 .................................................. $    900,000
  8  3    12.  SECRETARY OF STATE
  8  4    To provide grants to counties for the purchase of voting
  8  5 machines, notwithstanding section 8.57, subsection 6,
  8  6 paragraph "c":
  8  7 .................................................. $  4,500,000
  8  8    13.  STATE BOARD OF REGENTS
  8  9    a.  For allocation by the state board of regents to the
  8 10 state university of Iowa, the Iowa state university of science
  8 11 and technology, and the university of northern Iowa to
  8 12 reimburse the institutions for deficiencies in their operating
  8 13 funds resulting from the pledging of tuition, student fees and
  8 14 charges, and institutional income to finance the cost of
  8 15 providing academic and administrative buildings and facilities
  8 16 and utility services at the institutions, notwithstanding
  8 17 section 8.57, subsection 6, paragraph "c":
  8 18 .................................................. $ 10,329,981
  8 19    b.  For costs associated with the establishment of the Iowa
  8 20 institute for biomedical discovery at the state university of
  8 21 Iowa:
  8 22 .................................................. $ 10,000,000
  8 23    c.  For planning, design, and construction costs associated
  8 24 with the construction of a new renewable fuels building at
  8 25 Iowa state university of science and technology:
  8 26 .................................................. $  5,647,000
  8 27    14.  DEPARTMENT OF TRANSPORTATION
  8 28    a.  For acquiring, constructing, and improving recreational
  8 29 trails within the state:
  8 30 .................................................. $  2,000,000
  8 31    b.  For infrastructure improvements at the commercial air
  8 32 service airports within the state:
  8 33 .................................................. $  1,500,000
  8 34    Fifty percent of the funds appropriated in this lettered
  8 35 paragraph shall be allocated equally between each commercial
  9  1 air service airport, 40 percent of the funds shall be
  9  2 allocated based on the percentage that the number of enplaned
  9  3 passengers at each commercial air service airport bears to the
  9  4 total number of enplaned passengers in the state during the
  9  5 previous fiscal year, and 10 percent of the funds shall be
  9  6 allocated based upon the percentage that the air cargo tonnage
  9  7 at each commercial air service airport bears to the total air
  9  8 cargo tonnage in the state during the previous fiscal year.
  9  9 In order for a commercial air service airport to receive
  9 10 funding under this lettered paragraph, the airport shall be
  9 11 required to submit applications for funding of specific
  9 12 projects to the department for approval by the state
  9 13 transportation commission.
  9 14    c.  For infrastructure improvements at general aviation
  9 15 airports within the state:
  9 16 .................................................. $    750,000
  9 17    d.  For deposit into the railroad revolving loan and grant
  9 18 fund created in section 327H.20A notwithstanding section 8.57,
  9 19 subsection 6, paragraph "c":
  9 20 .................................................. $  2,000,000
  9 21    It is the intent of the general assembly that the moneys
  9 22 appropriated in this lettered paragraph shall be used to
  9 23 generate at least $10,000,000 in vertical infrastructure
  9 24 capital investments.
  9 25    15.  TREASURER OF STATE
  9 26    For county fair infrastructure improvements for
  9 27 distribution in accordance with chapter 174 to qualified fairs
  9 28 which belong to the association of Iowa fairs:
  9 29 .................................................. $  1,590,000
  9 30    Sec. 2.  REVERSION.  Notwithstanding section 8.33, moneys
  9 31 appropriated for the fiscal year beginning July 1, 2007, in
  9 32 this division of this Act that remain unencumbered or
  9 33 unobligated at the close of the fiscal year shall not revert
  9 34 but shall remain available for the purposes designated until
  9 35 the close of the fiscal year that begins July 1, 2010, or
 10  1 until the project for which the appropriation was made is
 10  2 completed, whichever is earlier.
 10  3    Sec. 3.  DEPARTMENT OF ADMINISTRATIVE SERVICES.  There is
 10  4 appropriated from the rebuild Iowa infrastructure fund for the
 10  5 fiscal year beginning July 1, 2008, and ending June 30, 2009,
 10  6 the following amount, or so much thereof as is necessary, to
 10  7 be used for the purpose designated:
 10  8    For capital improvements at the civil commitment unit for
 10  9 the sexual offenders facility at Cherokee:
 10 10 .................................................. $    829,000
 10 11    Notwithstanding section 8.33, moneys appropriated in this
 10 12 section shall not revert at the close of the fiscal year for
 10 13 which they were appropriated but shall remain available for
 10 14 the purposes designated until the close of the fiscal year
 10 15 that begins July 1, 2011, or until the project for which the
 10 16 appropriation was made is completed, whichever is earlier.
 10 17    Sec. 4.  DEPARTMENT OF NATURAL RESOURCES.  There is
 10 18 appropriated from the rebuild Iowa infrastructure fund for the
 10 19 fiscal year beginning July 1, 2008, and ending June 30, 2009,
 10 20 the following amount, or so much thereof as is necessary, to
 10 21 be used for the purposes designated:
 10 22    a.  For infrastructure improvements for a state river
 10 23 recreation area located in a county with a population between
 10 24 21,900 and 22,100:
 10 25 .................................................. $    750,000
 10 26    b.  For the construction and installation of an angled
 10 27 well, pumps, and piping to connect the existing infrastructure
 10 28 from the new well to a lake located in a county with a
 10 29 population between 87,500 and 88,000:
 10 30 .................................................. $    500,000
 10 31    Moneys appropriated in this lettered paragraph are
 10 32 contingent upon receipt of matching funds from a state taxing
 10 33 authority surrounding such lake.
 10 34    Notwithstanding section 8.33, moneys appropriated in this
 10 35 section shall not revert at the close of the fiscal year for
 11  1 which they were appropriated but shall remain available for
 11  2 the purposes designated until the close of the fiscal year
 11  3 that begins July 1, 2011, or until the project for which the
 11  4 appropriation was made is completed, whichever is earlier.
 11  5    Sec. 5.  DEPARTMENT OF PUBLIC DEFENSE.  There is
 11  6 appropriated from the rebuild Iowa infrastructure fund for the
 11  7 designated fiscal years, the following amounts, or so much
 11  8 thereof as is necessary, to be used for the purposes
 11  9 designated:
 11 10    For infrastructure improvements at the gold star museum at
 11 11 Camp Dodge:
 11 12 FY 2008=2009...................................... $  2,000,000
 11 13 FY 2009=2010...................................... $  1,000,000
 11 14    Notwithstanding section 8.33, moneys appropriated in this
 11 15 section shall not revert at the close of the fiscal year for
 11 16 which they were appropriated but shall remain available for
 11 17 the purposes designated until the close of the fiscal year
 11 18 that begins July 1, 2012, or until the project for which the
 11 19 appropriation was made is completed, whichever is earlier.
 11 20    Sec. 6.  STATE BOARD OF REGENTS.  There is appropriated
 11 21 from the rebuild Iowa infrastructure fund for the designated
 11 22 fiscal years, the following amounts, or so much thereof as is
 11 23 necessary, to be used for the purposes designated:
 11 24    1.  For costs associated with the establishment of the Iowa
 11 25 institute for biomedical discovery at the state university of
 11 26 Iowa:
 11 27 FY 2008=2009...................................... $ 10,000,000
 11 28 FY 2009=2010...................................... $ 10,000,000
 11 29    2.  For planning, design, and construction costs associated
 11 30 with the construction of a new renewable fuels building at
 11 31 Iowa state university of science and technology:
 11 32 FY 2008=2009...................................... $ 14,756,000
 11 33 FY 2009=2010...................................... $ 11,597,000
 11 34    Notwithstanding section 8.33, moneys appropriated in this
 11 35 section shall not revert at the close of the fiscal year for
 12  1 which they were appropriated but shall remain available for
 12  2 the purposes designated until the close of the fiscal year
 12  3 that begins July 1, 2011, or until the project for which the
 12  4 appropriation was made is completed, whichever is earlier.
 12  5                           DIVISION II
 12  6                  VERTICAL INFRASTRUCTURE FUND
 12  7    Sec. 7.  There is appropriated from the vertical
 12  8 infrastructure fund to the state board of regents for the
 12  9 fiscal year beginning July 1, 2007, and ending June 30, 2008,
 12 10 the following amount, or so much thereof as is necessary, to
 12 11 be used for the purposes designated:
 12 12    For vertical infrastructure projects related to major
 12 13 repairs and major maintenance including fire safety
 12 14 improvements at state board of regents institutions and
 12 15 facilities:
 12 16 .................................................. $  1,000,000
 12 17    Of the amount appropriated in this section, $500,000 shall
 12 18 be allocated to the state school for the deaf and $500,000
 12 19 shall be allocate to the Iowa braille and sight saving school
 12 20 for improvements to existing facilities for both schools.
 12 21    Sec. 8.  REVERSION.  Notwithstanding section 8.33, moneys
 12 22 appropriated for the fiscal year beginning July 1, 2007, in
 12 23 this division of this Act that remain unencumbered or
 12 24 unobligated at the close of the fiscal year shall not revert
 12 25 but shall remain available for the purposes designated until
 12 26 the close of the fiscal year that begins July 1, 2010, or
 12 27 until the project for which the appropriation was made is
 12 28 completed, whichever is earlier.
 12 29                          DIVISION III
 12 30      ENDOWMENT FOR IOWA'S HEALTH RESTRICTED CAPITALS FUND
 12 31    Sec. 9.  There is appropriated from the endowment for
 12 32 Iowa's health restricted capitals fund to the department of
 12 33 corrections for the fiscal year beginning July 1, 2007, and
 12 34 ending June 30, 2008, the following amounts, or so much
 12 35 thereof as is necessary, to be used for the purposes
 13  1 designated:
 13  2    For costs associated with the remodeling of the kitchen
 13  3 facility at the correctional facility located in Anamosa:
 13  4 .................................................. $  1,400,000
 13  5    Sec. 10.  TAX=EXEMPT STATUS == USE OF APPROPRIATIONS.
 13  6 Payment of moneys from the appropriations in this division of
 13  7 this Act shall be made in a manner that does not adversely
 13  8 affect the tax=exempt status of any outstanding bonds issued
 13  9 by the tobacco settlement authority.
 13 10    Sec. 11.  REVERSION.  Notwithstanding section 8.33, moneys
 13 11 appropriated for the fiscal year that begins July 1, 2007, in
 13 12 this division of this Act that remain unencumbered or
 13 13 unobligated at the close of the fiscal year shall not revert
 13 14 but shall remain available for the purposes designated until
 13 15 the close of the fiscal year that begins July 1, 2011, or
 13 16 until the project for which the appropriation was made is
 13 17 completed, whichever is earlier.
 13 18                           DIVISION IV
 13 19                  TECHNOLOGY REINVESTMENT FUND
 13 20    Sec. 12.  There is appropriated from the technology
 13 21 reinvestment fund created in section 8.57C to the following
 13 22 departments and agencies for the fiscal year beginning July 1,
 13 23 2007, and ending June 30, 2008, the following amounts, or so
 13 24 much thereof as is necessary, to be used for the purposes
 13 25 designated:
 13 26    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
 13 27    a.  For technology improvement projects:
 13 28 .................................................. $  4,010,375
 13 29    b.  For costs to establish a service=oriented architecture:
 13 30 .................................................. $    254,992
 13 31    2.  DEPARTMENT OF CORRECTIONS
 13 32    For costs associated with the Iowa corrections offender
 13 33 network data system:
 13 34 .................................................. $    500,000
 13 35    3.  DEPARTMENT OF EDUCATION
 14  1    a.  For implementation of the provisions of chapter 280A:
 14  2 .................................................. $    500,000
 14  3    b.  For maintenance and lease costs associated with
 14  4 connections for Part III of the Iowa communications network:
 14  5 .................................................. $  2,727,000
 14  6    c.  For the implementation of an educational data warehouse
 14  7 that will be utilized by teachers, parents, school district
 14  8 administrators, area education agency staff, department of
 14  9 education staff, and policymakers:
 14 10 .................................................. $    600,000
 14 11    4.  DEPARTMENT OF HUMAN RIGHTS
 14 12    For the cost of equipment and computer software for the
 14 13 implementation of Iowa's criminal justice information system:
 14 14 .................................................. $  2,881,466
 14 15    5.  DEPARTMENT OF HUMAN SERVICES
 14 16    For the purchase of payment processing equipment for the
 14 17 child support recovery unit:
 14 18 .................................................. $    272,000
 14 19    6.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION
 14 20    For replacement of equipment for the Iowa communications
 14 21 network:
 14 22 .................................................. $  2,067,000
 14 23    The commission may continue to enter into contracts
 14 24 pursuant to section 8D.13 for the replacement of equipment and
 14 25 for operations and maintenance costs of the network.
 14 26    7.  IOWA WORKFORCE DEVELOPMENT
 14 27    a.  For costs associated with the automated workers'
 14 28 compensation appeal processing system:
 14 29 .................................................. $    500,000
 14 30    b.  For the purchase of computer hardware and software for
 14 31 the outcome tracking system:
 14 32 .................................................. $    380,000
 14 33    8.  DEPARTMENT OF PUBLIC DEFENSE
 14 34    For information technology upgrades for the Iowa national
 14 35 guard:
 15  1 .................................................. $    111,000
 15  2    9.  DEPARTMENT OF PUBLIC SAFETY
 15  3    a.  For continuation of payments on the lease of the
 15  4 automated fingerprint identification system:
 15  5 .................................................. $    560,000
 15  6    b.  For information technology hardware and software
 15  7 upgrades for the department of public safety:
 15  8 .................................................. $  1,900,000
 15  9    10.  STATE BOARD OF REGENTS.  For allocation by the state
 15 10 board of regents to the university of northern Iowa to
 15 11 purchase mobile computer labs to serve communities statewide,
 15 12 replace technology equipment, and build advanced technology
 15 13 resources associated with MyEntreNet:
 15 14 .................................................. $    235,000
 15 15    Sec. 13.  REVERSION.  Notwithstanding section 8.33, moneys
 15 16 appropriated for the fiscal year beginning July 1, 2007, in
 15 17 this division of this Act that remain unencumbered or
 15 18 unobligated at the close of the fiscal year shall not revert
 15 19 but shall remain available for the purposes designated until
 15 20 the close of the fiscal year beginning July 1, 2009, or until
 15 21 the project for which the appropriation was made is completed,
 15 22 whichever is earlier.
 15 23                           DIVISION V
 15 24                  MISCELLANEOUS APPROPRIATIONS
 15 25    Sec. 14.  STATE AVIATION FUND == DEPARTMENT OF
 15 26 TRANSPORTATION.  There is appropriated from the state aviation
 15 27 fund created in section 328.56, as enacted in 2006 Iowa Acts,
 15 28 chapter 1179, section 57, to the department of transportation
 15 29 to assist an aviation authority that has lost service of a
 15 30 federally funded essential air service carrier to regain daily
 15 31 enplanement rates:
 15 32 .................................................. $     20,000
 15 33                           DIVISION VI
 15 34                 CHANGES TO PRIOR APPROPRIATIONS
 15 35    Sec. 15.  2001 Iowa Acts, chapter 185, section 30, as
 16  1 amended by 2005 Iowa Acts, chapter 178, section 22, and 2006
 16  2 Iowa Acts, chapter 1179, section 27, is amended to read as
 16  3 follows:
 16  4    SEC. 30.  REVERSION.
 16  5    1.  Except as provided in subsection subsections 2 and 3
 16  6 and notwithstanding section 8.33, moneys appropriated in this
 16  7 division of this Act shall not revert at the close of the
 16  8 fiscal year for which they were appropriated but shall remain
 16  9 available for the purposes designated until the close of the
 16 10 fiscal year that begins July 1, 2004, or until the project for
 16 11 which the appropriation was made is completed, whichever is
 16 12 earlier.
 16 13    2.  Notwithstanding section 8.33, moneys appropriated in
 16 14 section 25, subsection 3, paragraph "b", and section 28 of
 16 15 this division of this Act shall not revert at the close of the
 16 16 fiscal year for which they were appropriated but shall remain
 16 17 available for the purpose designated until the close of the
 16 18 fiscal year that begins July 1, 2006, or until the project for
 16 19 which the appropriation was made is completed, whichever is
 16 20 earlier.
 16 21    3.  Notwithstanding section 8.33, moneys appropriated in
 16 22 section 28 of this division of this Act shall not revert at
 16 23 the close of the fiscal year for which they were appropriated
 16 24 but shall remain available for the purpose designated until
 16 25 the close of the fiscal year that begins July 1, 2007, or
 16 26 until the project for which the appropriation was made is
 16 27 completed, whichever is earlier.
 16 28    Sec. 16.  2003 Iowa Acts, chapter 177, section 22,
 16 29 subsection 13, is amended to read as follows:
 16 30    13.  REVERSION.
 16 31    1.  Notwithstanding Except as provided in subsection 2 and
 16 32 notwithstanding section 8.33, moneys appropriated in this
 16 33 section shall not revert at the close of the fiscal year for
 16 34 which they were appropriated but shall remain available for
 16 35 the purposes designated until the close of the fiscal year
 17  1 that begins July 1, 2006, or until the project for which the
 17  2 appropriation was made is completed, whichever is earlier.
 17  3    2.  Notwithstanding section 8.33, moneys appropriated in
 17  4 subsection 9, paragraph "c", shall not revert at the close of
 17  5 the fiscal year for which they were appropriated but shall
 17  6 remain available for the purpose designated until the close of
 17  7 the fiscal year that begins July 1, 2007, or until the project
 17  8 for which the appropriation was made is completed, whichever
 17  9 is earlier.
 17 10    Sec. 17.  2003 Iowa Acts, chapter 177, section 23,
 17 11 subsection 3, as amended by 2004 Iowa Acts, chapter 1175,
 17 12 section 309, is amended to read as follows:
 17 13    3.  Notwithstanding section 8.33, moneys appropriated in
 17 14 this section shall not revert at the close of the fiscal year
 17 15 for which they were appropriated, but shall remain available
 17 16 for the purpose designated until the close of the fiscal year
 17 17 that begins July 1, 2006 2007, or until the project for which
 17 18 the appropriation was made is completed, whichever is earlier.
 17 19    Sec. 18.  2005 Iowa Acts, chapter 178, section 19,
 17 20 subsection 3, is amended to read as follows:
 17 21    3.  REVERSION.
 17 22    1.  Notwithstanding Except as provided in subsection 2 and
 17 23 notwithstanding section 8.33, moneys appropriated in this
 17 24 section shall not revert at the close of the fiscal year for
 17 25 which they were appropriated but shall remain available for
 17 26 the purposes designated until the close of the fiscal year
 17 27 that begins July 1, 2006, or until the project for which the
 17 28 appropriation was made is completed, whichever is earlier.
 17 29    2.  Notwithstanding section 8.33, moneys appropriated in
 17 30 subsection 1, paragraph "a", subparagraph (1), and subsection
 17 31 1, paragraph "g", shall not revert at the close of the fiscal
 17 32 year for which they were appropriated but shall remain
 17 33 available for the purpose designated until the close of the
 17 34 fiscal year that begins July 1, 2007, or until the project for
 17 35 which the appropriation was made is completed, whichever is
 18  1 earlier.
 18  2    Sec. 19.  2006 Iowa Acts, chapter 1179, section 5, is
 18  3 amended to read as follows:
 18  4    SEC. 5.  DEPARTMENT OF ADMINISTRATIVE SERVICES.  There is
 18  5 appropriated from the rebuild Iowa infrastructure fund to the
 18  6 department of administrative services for the designated
 18  7 fiscal years, the following amounts, or so much thereof as is
 18  8 necessary, to be used for the purposes designated:
 18  9    For planning, design, and construction costs associated
 18 10 with the construction of a new approximately
 18 11 350,000=gross=square=foot state office building, including
 18 12 costs associated with furnishings, employee relocation, and
 18 13 the demolition of the Wallace Building:
 18 14 FY 2007=2008...................................... $ 16,100,000
 18 15                                                       4,100,000
 18 16 FY 2008=2009...................................... $ 16,800,000
 18 17                                                      22,800,000
 18 18 FY 2009=2010...................................... $  6,657,100
 18 19                                                      12,657,100
 18 20    Notwithstanding section 8.33, moneys appropriated in this
 18 21 section shall not revert at the close of the fiscal year for
 18 22 which they were appropriated but shall remain available for
 18 23 the purposes designated until the close of the fiscal year
 18 24 that begins July 1, 2011, or until the project for which the
 18 25 appropriation was made is completed, whichever is earlier.
 18 26    The design specifications of the new state office building
 18 27 shall include, at a minimum, energy efficiency specifications
 18 28 that exceed state building code requirements and have the
 18 29 potential for leadership in energy and environmental design
 18 30 silver certification from the United States green building
 18 31 council.
 18 32    Sec. 20.  2006 Iowa Acts, chapter 1179, section 16,
 18 33 subsection 12, is amended to read as follows:
 18 34    12.  DEPARTMENT OF VETERANS AFFAIRS
 18 35    For capital improvement projects at the Iowa veterans home:
 19  1 .................................................. $  6,200,000
 19  2    Of the moneys appropriated in this subsection, the
 19  3 department shall use an amount necessary for planning and
 19  4 design services related to the construction of new facilities
 19  5 at the Iowa veterans home consistent with the Iowa veterans
 19  6 home comprehensive plan.  The department shall submit a report
 19  7 by January 15, 2008, to the general assembly, the department
 19  8 of management, and the legislative services agency detailing
 19  9 the estimated costs and timing of construction and related
 19 10 improvements associated with the project consistent with the
 19 11 Iowa veterans home comprehensive plan.
 19 12    It is the intent of the general assembly to provide state
 19 13 match requirements necessary for the construction and repair
 19 14 of buildings and facilities at the Iowa veterans home that
 19 15 results in the improved care and living standards of veterans
 19 16 residing at the Iowa veterans home.  Upon receipt of the
 19 17 estimated construction and facility improvement costs at the
 19 18 Iowa veterans home, it is the intent of the general assembly
 19 19 to explore funding options for completion of the Iowa veterans
 19 20 home projects including but not limited to bonding.
 19 21    Sec. 21.  2006 Iowa Acts, chapter 1179, section 19, is
 19 22 amended to read as follows:
 19 23    SEC. 19.  REPORT.  Annually, on or before January 1 15 of
 19 24 each year, a state agency that received an appropriation from
 19 25 the endowment for Iowa's health restricted capitals fund for
 19 26 the preceding fiscal year shall report to the joint
 19 27 transportation, infrastructure, and capitals appropriation
 19 28 subcommittee, the legislative services agency, and the
 19 29 department of management, and the legislative capital projects
 19 30 committee of the legislative council the status of all ongoing
 19 31 projects for which an appropriation from the fund has been
 19 32 made completed or in progress.  The report shall include a
 19 33 description of the project, the progress of work completed,
 19 34 the total estimated cost of the project, a list of all revenue
 19 35 sources being used to fund the project, the amount of funds
 20  1 expended, the amount of funds obligated, and the date the
 20  2 project was completed or an estimated completion date of the
 20  3 project, where applicable.
 20  4    Sec. 22.  2006 Iowa Acts, chapter 1179, section 24,
 20  5 subsection 1, is amended to read as follows:
 20  6    1.  DEPARTMENT OF NATURAL RESOURCES
 20  7    a.  For implementation of lake projects that have
 20  8 established watershed improvement initiatives and community
 20  9 support in accordance with the department's annual lake
 20 10 restoration plan and report:
 20 11 .................................................. $  8,600,000
 20 12    It is the intent of the general assembly that all lake
 20 13 restoration projects that satisfy the criteria required in
 20 14 section 456A.33B and whose project designers worked with the
 20 15 department to develop an action plan prior to January 1, 2006,
 20 16 shall be funded in the amounts and according to the timeline
 20 17 for fiscal year 2006=2007 provided in the department's Iowa
 20 18 lakes restoration report submitted to the Eighty=first General
 20 19 Assembly.
 20 20    Of the amounts appropriated in this subsection lettered
 20 21 paragraph, at least the following amounts shall be allocated
 20 22 as follows:
 20 23    a.  (1)  For clear lake in Cerro Gordo county:
 20 24 .................................................. $  4,000,000
 20 25    b.  (2)  For storm lake in Buena Vista county:
 20 26 .................................................. $    500,000
 20 27    c.  (3)  For crystal lake in Hancock county:
 20 28 .................................................. $  1,400,000
 20 29    d.  (4)  For the purposes of contracting with qualified
 20 30 persons outside the department to conduct use attainability
 20 31 analyses in conformance with section 455B.176A, as enacted in
 20 32 2006 Iowa Acts, Senate File 2363, if enacted, or in any other
 20 33 Act of the Eighty=first General Assembly, 2006 Session:
 20 34 .................................................. $    750,000
 20 35    b.  Notwithstanding section 8.33, moneys appropriated in
 21  1 this subsection that remain unencumbered or unobligated at the
 21  2 close of the fiscal year shall not revert but shall remain
 21  3 available for the purposes designated until the close of the
 21  4 fiscal year that begins July 1, 2009, or until the project for
 21  5 which the appropriation was made is completed, whichever is
 21  6 earlier.
 21  7                          DIVISION VII
 21  8                   MISCELLANEOUS CODE CHANGES
 21  9    Sec. 23.  Section 8.57, subsection 6, paragraph h, Code
 21 10 2007, is amended to read as follows:
 21 11    h.  Annually, on or before January 1 15 of each year, a
 21 12 state agency that received an appropriation from the rebuild
 21 13 Iowa infrastructure fund for the preceding fiscal year shall
 21 14 report to the joint transportation, infrastructure, and
 21 15 capitals appropriation subcommittee, the legislative services
 21 16 agency, and the department of management, and the legislative
 21 17 capital projects committee of the legislative council the
 21 18 status of all ongoing projects for which an appropriation from
 21 19 the fund has been made completed or in progress.  The report
 21 20 shall include a description of the project, the progress of
 21 21 work completed, the total estimated cost of the project, a
 21 22 list of all revenue sources being used to fund the project,
 21 23 the amount of funds expended, the amount of funds obligated,
 21 24 and the date the project was completed or an estimated
 21 25 completion date of the project, where applicable.
 21 26    Sec. 24.  Section 8.57A, subsection 5, Code 2007, is
 21 27 amended to read as follows:
 21 28    5.  Annually, on or before January 1 15 of each year, a
 21 29 state agency that received an appropriation from the
 21 30 environment first fund for the preceding fiscal year shall
 21 31 report to the joint transportation, infrastructure, and
 21 32 capitals appropriation subcommittee, the legislative services
 21 33 agency, and the department of management, and the legislative
 21 34 capital projects committee of the legislative council the
 21 35 status of all ongoing projects for which an appropriation from
 22  1 the fund has been made completed or in progress.  The report
 22  2 shall include a description of the project, the progress of
 22  3 work completed, the total estimated cost of the project, a
 22  4 list of all revenue sources being used to fund the project,
 22  5 the amount of funds expended, the amount of funds obligated,
 22  6 and the date the project was completed or an estimated
 22  7 completion date of the project, where applicable.
 22  8    Sec. 25.  Section 8.57B, subsection 5, Code 2007, is
 22  9 amended to read as follows:
 22 10    5.  Annually, on or before January 1 15 of each year, a
 22 11 state agency that received an appropriation from the vertical
 22 12 infrastructure fund for the preceding fiscal year shall report
 22 13 to the joint transportation, infrastructure, and capitals
 22 14 appropriation subcommittee, the legislative services agency,
 22 15 and the department of management, and the legislative capital
 22 16 projects committee of the legislative council the status of
 22 17 all ongoing projects for which an appropriation from the fund
 22 18 has been made completed or in progress.  The report shall
 22 19 include a description of the project, the progress of work
 22 20 completed, the total estimated cost of the project, a list of
 22 21 all revenue sources being used to fund the project, the amount
 22 22 of funds expended, the amount of funds obligated, and the date
 22 23 the project was completed or an estimated completion date of
 22 24 the project, where applicable.
 22 25    Sec. 26.  Section 8.57C, subsection 4, Code 2007, is
 22 26 amended to read as follows:
 22 27    4.  Annually, on or before January 1 15 of each year, a
 22 28 state agency that received an appropriation from this fund for
 22 29 the preceding fiscal year shall report to the joint
 22 30 transportation, infrastructure, and capitals appropriation
 22 31 subcommittee, the legislative services agency, and the
 22 32 department of management, and the legislative capital projects
 22 33 committee of the legislative council the status of all ongoing
 22 34 projects for which an appropriation from this fund has been
 22 35 made completed or in progress.  The report shall include a
 23  1 description of the project, the progress of work completed,
 23  2 the total estimated cost of the project, a list of all revenue
 23  3 sources being used to fund the project, the amount of funds
 23  4 expended, the amount of funds obligated, and the date the
 23  5 project was completed or an estimated completion date of the
 23  6 project, where applicable.
 23  7    Sec. 27.  Section 8A.321, subsection 11, Code 2007, is
 23  8 amended to read as follows:
 23  9    11.  Prepare annual status reports for all ongoing capital
 23 10 projects in progress of the department, and submit the status
 23 11 reports to the joint transportation, infrastructure, and
 23 12 capitals appropriation subcommittee legislative services
 23 13 agency and the department of management on or before January
 23 14 15 of each year.
 23 15    Sec. 28.  NEW SECTION.  249K.1  PURPOSE == INTENT.
 23 16    The purpose of this chapter is to provide a mechanism to
 23 17 support the appropriate number of nursing facility beds for
 23 18 the state's citizens and to financially assist nursing
 23 19 facilities in remaining compliant with applicable regulations.
 23 20 It is the intent of this chapter that the administrative
 23 21 burden on both the state and nursing facilities be minimal.
 23 22    Sec. 29.  NEW SECTION.  249K.2  DEFINITIONS.
 23 23    As used in this chapter, unless the context otherwise
 23 24 requires:
 23 25    1.  "Complete replacement" means completed construction on
 23 26 a new nursing facility to replace an existing licensed and
 23 27 certified facility.  The replacement facility shall be located
 23 28 in the same geographical service area as the facility that is
 23 29 replaced and shall have the same number or fewer licensed beds
 23 30 than the original facility.
 23 31    2.  "Department" means the department of human services.
 23 32    3.  "Iowa Medicaid enterprise" means Iowa Medicaid
 23 33 enterprise as defined in section 249J.3.
 23 34    4.  "Major renovations" means construction or facility
 23 35 improvements to a nursing facility in which the total amount
 24  1 expended exceeds one million five hundred thousand dollars.
 24  2    5.  "Medical assistance" or "medical assistance program"
 24  3 means the medical assistance program created pursuant to
 24  4 chapter 249A.
 24  5    6.  "New construction" means the construction of a new
 24  6 nursing facility which does not replace an existing licensed
 24  7 and certified facility and requires the provider to obtain a
 24  8 certificate of need pursuant to chapter 135, division VI.
 24  9    7.  "Nondirect care component" means the portion of the
 24 10 reimbursement rate under the medical assistance program
 24 11 attributable to administrative, environmental, property, and
 24 12 support care costs reported on the provider's financial and
 24 13 statistical report.
 24 14    8.  "Nursing facility" means a nursing facility as defined
 24 15 in section 135C.1.
 24 16    9.  "Provider" means a current or future owner or operator
 24 17 of a nursing facility that provides medical assistance program
 24 18 services.
 24 19    10.  "Rate determination letter" means the letter that is
 24 20 distributed quarterly by the Iowa Medicaid enterprise to each
 24 21 nursing facility, which is based on previously submitted
 24 22 financial and statistical reports from each nursing facility.
 24 23    Sec. 30.  NEW SECTION.  249K.3  GENERAL PROVISIONS ==
 24 24 INSTANT RELIEF == NONDIRECT CARE LIMIT EXCEPTION.
 24 25    1.  A provider that constructs a complete replacement,
 24 26 makes major renovations to or newly constructs a nursing
 24 27 facility may be entitled to the rate relief and exceptions
 24 28 provided under this chapter.  The total period during which a
 24 29 provider may participate in any relief shall not exceed two
 24 30 years.  The total period during which a provider may
 24 31 participate in any nondirect care limit exception shall not
 24 32 exceed ten years.  A provider seeking assistance under this
 24 33 chapter may request both instant relief and the nondirect care
 24 34 limit exception.
 24 35    2.  If the provider requests instant relief, the following
 25  1 provisions shall apply:
 25  2    a.  The provider shall submit a written request for instant
 25  3 relief to the Iowa Medicaid enterprise explaining the nature,
 25  4 timing, and goals of the project and the time period during
 25  5 which the relief is requested.  The written request shall
 25  6 clearly state if the provider is also requesting the nondirect
 25  7 care limit exception.  The written request for instant relief
 25  8 shall be submitted no earlier than thirty days prior to the
 25  9 placement of the provider's assets in service.  The written
 25 10 request for relief shall provide adequate details to calculate
 25 11 the estimated value of relief including but not limited to the
 25 12 total cost of the project, the estimated annual depreciation
 25 13 expenses using generally accepted accounting principles, the
 25 14 estimated useful life based upon existing medical assistance
 25 15 and Medicare provisions, and a copy of the most current
 25 16 depreciation schedule.  If interest expenses are included, a
 25 17 copy of the general terms of the debt service and the
 25 18 estimated annual amount of the interest expenses shall be
 25 19 submitted with the written request for relief.
 25 20    b.  The following shall apply to the value of relief
 25 21 amount:
 25 22    (1)  If interest expenses are disclosed, the amount of
 25 23 these expenses shall be added to the value of relief.
 25 24    (2)  The calculation of the estimated value of relief shall
 25 25 take into consideration the removal of existing assets and
 25 26 debt service.
 25 27    (3)  The calculation of the estimated value of relief shall
 25 28 be demonstrated as an amount per patient day to be added to
 25 29 the nondirect care component for the relevant period.  The
 25 30 estimated annual patient days for this calculation shall be
 25 31 determined based upon budgeted amounts or the most recent
 25 32 annual total as demonstrated on the provider's Medicaid
 25 33 financial and statistical report.  For the purposes of
 25 34 calculating the per diem relief, total patient days shall be
 25 35 the greater of the estimated annual patient days or
 26  1 eighty=five percent of the facility's estimated licensed
 26  2 capacity.
 26  3    (4)  The combination of the nondirect care component and
 26  4 the estimated value of relief shall not exceed one hundred and
 26  5 ten percent of the nondirect care median for the relevant
 26  6 period.  If a nondirect care limit exception has been
 26  7 requested and granted, the combination of the nondirect care
 26  8 component and the estimated value of relief shall not exceed
 26  9 one hundred twenty percent of the nondirect care median for
 26 10 the relevant period.
 26 11    c.  Instant relief granted under this subsection shall
 26 12 begin the first day of the calendar quarter following
 26 13 placement of the provider's assets in service.  If the
 26 14 required information to calculate the instant relief, as
 26 15 specified in paragraph "a", is not submitted prior to the
 26 16 first day of the calendar quarter following placement of the
 26 17 provider's assets in service, instant relief shall instead
 26 18 begin on the first day of the calendar quarter following
 26 19 receipt of the required information.
 26 20    d.  Instant relief granted under this subsection shall be
 26 21 terminated at the time of the provider's subsequent biannual
 26 22 rebasing when the submission of the annual cost report for the
 26 23 provider includes the new replacement costs and the annual
 26 24 property costs reflect the new assets.
 26 25    e.  During the period in which instant relief is granted,
 26 26 the Iowa Medicaid enterprise shall recalculate the value of
 26 27 the instant relief based on allowable costs and patient days
 26 28 reported on the annual financial and statistical report.  For
 26 29 purposes of calculating the per diem relief, total patient
 26 30 days shall be the greater of actual annual patient days or
 26 31 eighty=five percent of the facility's licensed capacity.  The
 26 32 actual value of relief shall be added to the nondirect care
 26 33 component for the relevant period, not to exceed one hundred
 26 34 ten percent of the nondirect care median for the relevant
 26 35 period or not to exceed one hundred twenty percent of the
 27  1 nondirect care median for the relevant period if the nondirect
 27  2 care limit exception is requested and granted.  The provider's
 27  3 quarterly rates for the relevant period shall be retroactively
 27  4 adjusted to reflect the revised nondirect care rate.  All
 27  5 claims with dates of service from the date that instant relief
 27  6 is granted to the date that the instant relief is terminated
 27  7 shall be repriced to reflect the actual value of the instant
 27  8 relief per diem utilizing a mass adjustment.
 27  9    3.  If the provider requests the nondirect care limit
 27 10 exception, all of the following shall apply:
 27 11    a.  The nondirect care limit for the rate setting period
 27 12 shall be increased to one hundred and twenty percent of the
 27 13 median for the relevant period.
 27 14    b.  The exception period shall not exceed a period of two
 27 15 years.  If the provider is requesting only the nondirect care
 27 16 limit exception, the request shall be submitted within sixty
 27 17 days of the release of the July 1 rate determination letters
 27 18 following each biannual rebasing cycle, and shall be effective
 27 19 the first day of the month following receipt of the request.
 27 20 If applicable, the provider shall identify any time period in
 27 21 which instant relief was granted and shall indicate how many
 27 22 times the instant relief or nondirect care limit exception was
 27 23 granted previously.
 27 24    Sec. 31.  NEW SECTION.  249K.4  PRELIMINARY EVALUATION.
 27 25    1.  A provider preparing cost or other feasibility
 27 26 projections for a request for relief or an exception pursuant
 27 27 to section 249K.3 may submit a request for preliminary
 27 28 evaluation.
 27 29    2.  The request shall contain all of the information
 27 30 required for the type of assistance sought pursuant to section
 27 31 249K.3.
 27 32    3.  The provider shall estimate the timing of the
 27 33 initiation and completion of the project to allow the
 27 34 department to respond with estimates of both instant relief
 27 35 and the nondirect care limit exception.
 28  1    4.  The department shall respond to a request for
 28  2 preliminary evaluation under this section within thirty days
 28  3 of receipt of the request.  A preliminary evaluation does not
 28  4 guarantee approval of instant relief or the nondirect care
 28  5 limit exception upon submission of a formal request.  A
 28  6 preliminary evaluation provides only an estimate of value of
 28  7 the instant relief or nondirect care limit exception based
 28  8 only on the projections.
 28  9    Sec. 32.  NEW SECTION.  249K.5  PARTICIPATION CRITERIA.
 28 10    1.  The Iowa Medicaid enterprise shall administer this
 28 11 chapter.  The department of human services shall adopt rules,
 28 12 pursuant to chapter 17A, to administer this chapter.
 28 13    2.  A provider requesting instant relief or a nondirect
 28 14 care limit exception under this chapter shall meet one of the
 28 15 following criteria:
 28 16    a.  The nursing facility for which relief or an exception
 28 17 is requested is in violation of life safety code requirements
 28 18 and changes are necessary to meet regulatory compliance.
 28 19    b.  The nursing facility for which relief or an exception
 28 20 is requested is proposing development of a home and
 28 21 community=based services waiver program service that meets the
 28 22 following requirements:
 28 23    (1)  The service is provided on the direct site and is a
 28 24 nonnursing service.
 28 25    (2)  The service is provided in an underserved area, which
 28 26 may include a rural area, and the nursing facility provides
 28 27 documentation of this.
 28 28    (3)  The service meets all federal and state requirements.
 28 29    (4)  The service is adult day care, consumer directed
 28 30 attendant care, assisted living, day habilitation, home
 28 31 delivered meals, personal emergency response, or respite.
 28 32    3.  In addition to any other factors to be considered in
 28 33 determining if a provider is eligible to participate under
 28 34 this chapter, the Iowa Medicaid enterprise shall consider all
 28 35 of the following:
 29  1    a.  The history of the provider's regulatory compliance.
 29  2    b.  The historical access to nursing facility services for
 29  3 medical assistance program beneficiaries.
 29  4    c.  The provider's dedication to and participation in
 29  5 quality of care, considering all quality programs in which the
 29  6 provider has participated.
 29  7    d.  The provider's plans to facilitate person=directed
 29  8 care.
 29  9    e.  The provider's plans to facilitate dementia units and
 29 10 specialty post=acute services.
 29 11    4.  a.  Any relief or exception granted under this chapter
 29 12 is temporary and shall be immediately terminated if all of the
 29 13 participation requirements under this chapter are not met.
 29 14    b.  If a provider's medical assistance program or Medicare
 29 15 certification is revoked, any existing exception or relief
 29 16 shall be terminated and the provider shall not be eligible to
 29 17 request subsequent relief or an exception under this chapter.
 29 18    5.  Following a change in ownership, relief or an exception
 29 19 previously granted shall continue and future rate calculations
 29 20 shall be determined under the provisions of 441 IAC 81.6(12)
 29 21 relating to termination or change of ownership of a nursing
 29 22 facility.
 29 23    Sec. 33.  Section 328.56, subsection 2, as enacted by 2006
 29 24 Iowa Acts, chapter 1179, section 57, is amended to read as
 29 25 follows:
 29 26    2.  Moneys in the state aviation fund in a fiscal year
 29 27 shall be used as appropriated by the general assembly are
 29 28 appropriated to the department of transportation for use by
 29 29 the department for airport engineering studies, construction
 29 30 or improvements, and the windsock program for public airports
 29 31 and marketing at commercial service airports.  In awarding
 29 32 moneys, the department shall give preference to projects that
 29 33 demonstrate a collaborative effort between airports.
 29 34    Sec. 34.  IMPLEMENTATION == LIMITATION.
 29 35    1.  Chapter 249K, as enacted by this division of this Act,
 30  1 shall only be implemented if the department of human services
 30  2 receives approval from the centers for Medicare and Medicaid
 30  3 services of the United States department of health and human
 30  4 services for a medical assistance state plan amendment.  If
 30  5 approval is received, the chapter shall not be implemented
 30  6 retroactively to the effective date of the chapter in this
 30  7 division of this Act, but shall be implemented only on or
 30  8 after the date of approval.
 30  9    2.  The Iowa Medicaid enterprise shall only approve instant
 30 10 relief or a nondirect care limit exception under chapter 249K,
 30 11 as enacted by this division of this Act, to the extent funding
 30 12 is available.
 30 13    Sec. 35.  Section 8A.330, Code 2007, is repealed.
 30 14    Sec. 36.  EFFECTIVE DATE.  The sections of this division
 30 15 creating new chapter 249K, being deemed of immediate
 30 16 importance, take effect upon enactment.
 30 17                           EXPLANATION
 30 18    This bill makes appropriations from the rebuild Iowa
 30 19 infrastructure fund, the vertical infrastructure fund, the
 30 20 endowment for Iowa's health restricted capitals fund, and the
 30 21 technology reinvestment fund for various capital and other
 30 22 projects.  The bill also makes changes to related matters.
 30 23    REBUILD IOWA INFRASTRUCTURE FUND.  This division
 30 24 appropriates project funding for FY 2007=2008 from the rebuild
 30 25 Iowa infrastructure fund, including projects for the
 30 26 departments of administrative services, corrections, cultural
 30 27 affairs, economic development, education, human services,
 30 28 natural resources, public defense, public safety, and
 30 29 transportation, and the Iowa finance authority, Iowa state
 30 30 fair, secretary of state, state board of regents, and
 30 31 treasurer of state.  The division also appropriates project
 30 32 funding from the rebuild Iowa infrastructure fund for FY
 30 33 2008=2009 to the departments of administrative services,
 30 34 natural resources, public defense, and the state board of
 30 35 regents, and for FY 2009=2010 to the department of public
 31  1 defense and the state board of regents.
 31  2    VERTICAL INFRASTRUCTURE FUND.  This division appropriates
 31  3 funding from the vertical infrastructure fund to the state
 31  4 board of regents.
 31  5    ENDOWMENT FOR IOWA'S HEALTH RESTRICTED CAPITALS FUND.  This
 31  6 division appropriates funding from the endowment for Iowa's
 31  7 health restricted capitals fund to the department of
 31  8 corrections.
 31  9    TECHNOLOGY REINVESTMENT FUND.  This division appropriates
 31 10 funding from the technology reinvestment fund to the
 31 11 departments of administrative services, corrections,
 31 12 education, human rights, human services, public defense, and
 31 13 public safety, the Iowa telecommunications and technology
 31 14 commission, Iowa workforce development, and the state board of
 31 15 regents.
 31 16    MISCELLANEOUS APPROPRIATIONS.  This division appropriates
 31 17 funding from the state aviation fund to the department of
 31 18 transportation.
 31 19    CHANGES TO PRIOR APPROPRIATIONS.  This division makes
 31 20 changes to prior appropriations from the tax=exempt bond
 31 21 proceeds restricted capitals fund account of the tobacco
 31 22 settlement trust fund to the department of administrative
 31 23 services, the department of corrections, and the department of
 31 24 transportation for the 2002=2003, 2004=2005, and 2006=2007
 31 25 fiscal years.  This division also makes changes to prior
 31 26 appropriations from the endowment for Iowa's health account to
 31 27 the department of natural resources for the 2006=2007 fiscal
 31 28 year.
 31 29    MISCELLANEOUS CODE CHANGES.  This division makes changes to
 31 30 the statute relating to the state aviation fund.  The bill
 31 31 specifies that moneys in the fund are appropriated to the
 31 32 department of transportation for use by the department.
 31 33    The division makes changes to certain reporting
 31 34 requirements for capital projects in progress for certain
 31 35 state agencies that received an appropriation including
 32  1 appropriations from the rebuild Iowa infrastructure fund, the
 32  2 environment first fund, the vertical infrastructure fund, or
 32  3 the technology reinvestment fund.
 32  4    The division provides for financial assistance to nursing
 32  5 facility providers under new Code chapter 249K.  A provider
 32  6 may request either instant relief, which is a per=patient day
 32  7 amount to be added to the current direct care component, or a
 32  8 nondirect care limit exception, which is an increase in the
 32  9 nondirect care limit for the relevant period to 120 percent of
 32 10 the median for the relevant period.  The assistance may be
 32 11 requested by a provider who constructs a complete replacement,
 32 12 makes major renovations, or newly constructs a nursing
 32 13 facility.  The total period during which a provider may
 32 14 participate in any relief is a maximum of two years.  The
 32 15 total period during which a provider may participate in the
 32 16 nondirect care limit exception is a maximum of 10 years.  The
 32 17 division also provides for the requesting of a preliminary
 32 18 evaluation for providers preparing cost or other feasibility
 32 19 projections.  The provisions are to be administered by the
 32 20 department of human services.  The division provides
 32 21 participation criteria and provides for contingent
 32 22 implementation and only to the extent funding is available.
 32 23 The sections adding new Code chapter 249K take effect upon
 32 24 enactment.
 32 25 LSB 1134HV 82
 32 26 rh:mg/gg/14