Senate File 2417 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON APPROPRIATIONS

                                       (SUCCESSOR TO SSB 3295)


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

                                      A BILL FOR

  1 An Act relating to and making appropriations from the healthy
  2    Iowans tobacco trust and the tobacco settlement trust fund,
  3    and providing for the repeal of the healthy Iowans tobacco
  4    trust, and providing effective dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5008SV 82
  7 pf/jp/24

PAG LIN



  1  1                           DIVISION I
  1  2         HEALTHY IOWANS TOBACCO TRUST == APPROPRIATIONS
  1  3    Section 1.  HEALTHY IOWANS TOBACCO TRUST == APPROPRIATIONS
  1  4 TO DEPARTMENTS.  There is appropriated from the healthy Iowans
  1  5 tobacco trust created in section 12.65 to the following
  1  6 departments for the fiscal year beginning July 1, 2008, and
  1  7 ending June 30, 2009, the following amounts, or so much
  1  8 thereof as is necessary, to be used for the purposes
  1  9 designated:
  1 10    1.  To the department of human services:
  1 11    a.  For child and family services including for
  1 12 reimbursement of adoption, independent living, shelter care,
  1 13 and home studies services providers, and other service
  1 14 providers under the purview of the department of human
  1 15 services:
  1 16 .................................................. $  3,761,677
  1 17    b.  To continue supplementation of the state supplementary
  1 18 assistance program including reimbursements for residential
  1 19 care facilities and in=home health services:
  1 20 .................................................. $    182,381
  1 21    c.  For general administration of health=related programs:
  1 22 .................................................. $    274,000
  1 23    2.  To the Iowa department of public health:
  1 24    a.  For the tobacco use prevention and control initiative,
  1 25 including efforts at the state and local levels, as provided
  1 26 in chapter 142A and for not more than the following full=time
  1 27 equivalent positions:
  1 28 .................................................. $  5,928,265
  1 29 ............................................... FTEs       7.00
  1 30    (1)  The director of public health shall dedicate
  1 31 sufficient resources to promote and ensure retailer compliance
  1 32 with tobacco laws and ordinances relating to persons under 18
  1 33 years of age, and shall prioritize the state's compliance in
  1 34 the allocation of available funds to comply with 42 U.S.C. }
  1 35 300x=26 and section 453A.2.
  2  1    (2)  Of the full=time equivalent positions funded in this
  2  2 paragraph "a", 2.00 full=time equivalent positions shall be
  2  3 utilized to provide for enforcement of tobacco laws,
  2  4 regulations, and ordinances under a chapter 28D agreement
  2  5 entered into between the Iowa department of public health and
  2  6 the alcoholic beverages division of the department of
  2  7 commerce.
  2  8    (3)  Of the funds appropriated in this paragraph "a", not
  2  9 more than $525,759 shall be expended on administration and
  2 10 management of the program.
  2 11    (4)  Of the funds appropriated in this paragraph "a", not
  2 12 less than 80 percent of the amount expended in the fiscal year
  2 13 beginning July 1, 2001, for community partnerships shall be
  2 14 expended in the fiscal year beginning July 1, 2008, for that
  2 15 purpose.
  2 16    b.  For additional substance abuse treatment under the
  2 17 substance abuse treatment program:
  2 18 .................................................. $ 13,800,000
  2 19    (1)  The department shall use funds appropriated in this
  2 20 paragraph "b" to enhance the quality of and to expand the
  2 21 capacity to provide 24=hour substance abuse treatment
  2 22 programs.
  2 23    (2)  The department shall use funds appropriated in this
  2 24 paragraph "b" to expand the length of individual client
  2 25 substance abuse treatment plans, as necessary to reduce
  2 26 program recidivism.
  2 27    (3)  The department shall use funds appropriated in this
  2 28 paragraph "b" to share research=based best practices for
  2 29 treatment with substance abuse treatment facilities.
  2 30    (4)  The department shall use funds appropriated in this
  2 31 paragraph "b" to develop a results=based funding approach for
  2 32 substance abuse treatment services.
  2 33    (5)  The department shall use funds appropriated in this
  2 34 paragraph "b" to develop a program to encourage individuals
  2 35 who are successfully managing their substance abuse problems
  3  1 to serve as role models.
  3  2    (6)  The department shall submit a report annually by March
  3  3 1, to the governor and the general assembly delineating the
  3  4 success rates of the substance abuse treatment programs that
  3  5 receive funding under this paragraph "b".
  3  6    c.  For the healthy Iowans 2010 plan within the Iowa
  3  7 department of public health and for not more than the
  3  8 following full=time equivalent positions:
  3  9 .................................................. $  2,509,960
  3 10 ............................................... FTEs       4.00
  3 11    (1)  Of the funds appropriated in this paragraph "c", not
  3 12 more than $1,157,482 shall be used for essential public health
  3 13 services that promote healthy aging throughout the lifespan,
  3 14 contracted through a formula for local boards of health, to
  3 15 enhance health promotion and disease prevention services.
  3 16    (2)  Of the funds appropriated in this paragraph "c", not
  3 17 more than $387,320 shall be used for the continuation and
  3 18 support of a coordinated system of delivery of trauma and
  3 19 emergency medical services.
  3 20    (3)  Of the funds appropriated in this paragraph "c", not
  3 21 more than $600,000 shall be used for the state poison control
  3 22 center.
  3 23    (4)  Of the funds appropriated in this paragraph "c", not
  3 24 more than $288,770 shall be used for the development of
  3 25 scientific and medical expertise in environmental
  3 26 epidemiology.
  3 27    (5)  Of the funds appropriated in this paragraph "c", not
  3 28 more than $76,388 shall be used for the childhood lead
  3 29 poisoning prevention program.
  3 30    d.  For the center for congenital and inherited disorders
  3 31 established pursuant to section 136A.3:
  3 32 .................................................. $     26,000
  3 33    e.  For a grant program to provide substance abuse
  3 34 prevention programming for children:
  3 35 .................................................. $  1,050,000
  4  1    (1)  Of the funds appropriated in this paragraph "e",
  4  2 $500,000 shall be utilized to provide funding for
  4  3 organizations that provide programming for children by
  4  4 utilizing mentors.  Programs approved for grants under this
  4  5 subparagraph (1) shall be certified or will be certified
  4  6 within six months of receiving the grant award by the Iowa
  4  7 commission on volunteer services as utilizing the standards
  4  8 for effective practice for mentoring programs.
  4  9    (2)  Of the funds appropriated in this paragraph "e",
  4 10 $500,000 shall be utilized to provide funding for
  4 11 organizations that provide programming that includes youth
  4 12 development and leadership.  The programs shall also be
  4 13 recognized as being programs that are scientifically based
  4 14 with evidence of their effectiveness in reducing substance
  4 15 abuse in children.
  4 16    (3)  The Iowa department of public health shall utilize a
  4 17 request for proposals process to implement the program under
  4 18 this paragraph "e".
  4 19    (4)  All grant recipients under this paragraph "e" shall
  4 20 participate in a program evaluation as a requirement for
  4 21 receiving grant funds.
  4 22    (5)  Of the funds appropriated in this paragraph "e",
  4 23 $50,000 shall be used to administer substance abuse prevention
  4 24 grants and for program evaluations.
  4 25    g.  For providing grants to individual patients who have
  4 26 phenylketonuria (PKU) to assist with the costs of necessary
  4 27 special foods:
  4 28 .................................................. $    100,000
  4 29    h.  For additional funding to leverage federal funding
  4 30 through the federal Ryan White Care Act, Title II, AIDS drug
  4 31 assistance program supplemental drug treatment grants:
  4 32 .................................................. $    275,000
  4 33    i.  For a grant to an existing national=affiliated
  4 34 organization to provide education, client=centered programs,
  4 35 and client and family support for people living with epilepsy
  5  1 and their families:
  5  2 .................................................. $    100,000
  5  3    3.  To the department of corrections:
  5  4 .................................................. $  4,477,474
  5  5    It is the intent of the general assembly that each judicial
  5  6 district department of correctional services shall cooperate
  5  7 with and utilize local community=based treatment providers
  5  8 licensed under chapter 125.  Each judicial district department
  5  9 of correctional services shall submit a report to the general
  5 10 assembly and to the co=chairpersons and ranking members of the
  5 11 joint appropriations subcommittee on the justice system and
  5 12 the legislative services agency by December 15, 2008,
  5 13 detailing the utilization of drug court funds allocated in
  5 14 this subsection.
  5 15    a.  Of the funds appropriated in this subsection, $410,332
  5 16 is allocated to the first judicial district department of
  5 17 correctional services.  Of the funds allocated, $100,000 shall
  5 18 be used for community=based corrections, $182,116 shall be
  5 19 used to expand the drug court in Black Hawk county to Dubuque
  5 20 and Delaware counties, and $128,216 shall be used to replace
  5 21 expired federal funding for dual diagnosis offenders.
  5 22    b.  Of the funds appropriated in this subsection, $441,215
  5 23 is allocated to the second judicial district department of
  5 24 correctional services.  Of the funds allocated, $100,000 shall
  5 25 be used for community=based corrections, and $341,215 shall be
  5 26 used to replace expired federal funding for day programming
  5 27 and to replace expired federal funding for the drug court
  5 28 program.
  5 29    c.  Of the funds appropriated in this subsection, $220,856
  5 30 is allocated to the third judicial district department of
  5 31 correctional services.  Of the funds allocated, $100,000 shall
  5 32 be used for community=based corrections, and $120,856 shall be
  5 33 used to replace expired federal funding for the drug court
  5 34 program.
  5 35    d.  Of the funds appropriated in this subsection, $310,547
  6  1 is allocated to the fourth judicial district department of
  6  2 correctional services.  Of the funds allocated, $100,000 shall
  6  3 be used for community=based corrections, and $210,547 shall be
  6  4 used for the drug court program.
  6  5    e.  Of the funds appropriated in this subsection, $419,582
  6  6 is allocated to the fifth judicial district department of
  6  7 correctional services.  Of the funds allocated, $100,000 shall
  6  8 be used for community=based corrections, and $319,582 shall be
  6  9 used to replace expired federal funding for the drug court
  6 10 program.
  6 11    f.  Of the funds appropriated in this subsection, $566,750
  6 12 is allocated to the sixth judicial district department of
  6 13 correctional services.  Of the funds allocated, $100,000 shall
  6 14 be used for community=based corrections, $64,741 shall be used
  6 15 to replace expired federal funding for dual diagnosis
  6 16 offenders, and $402,009 shall be used to establish drug court
  6 17 programs in Johnson and Linn counties.
  6 18    g.  Of the funds appropriated in this subsection, $256,608
  6 19 is allocated to the seventh judicial district department of
  6 20 correctional services.  Of the funds allocated, $100,000 shall
  6 21 be used for community=based corrections, and $156,608 shall be
  6 22 used to replace expired federal funding for the drug court
  6 23 program.
  6 24    h.  Of the funds appropriated in this subsection, $324,299
  6 25 is allocated to the eighth judicial district department of
  6 26 correctional services.  Of the funds allocated, $100,000 shall
  6 27 be used for community=based corrections, and $224,299 shall be
  6 28 used to implement an adult drug court program.
  6 29    i.  Of the funds appropriated in this subsection,
  6 30 $1,497,285 is allocated to the Fort Madison correctional
  6 31 facility for the clinical care unit.
  6 32    j.  Of the funds appropriated in this subsection, $30,000
  6 33 is allocated for a transitional housing pilot project for
  6 34 offenders on parole who are in the early stages of recovery
  6 35 from substance abuse.  The department of corrections shall
  7  1 contract with a private nonprofit substance abuse treatment
  7  2 provider in a city with a population exceeding 65,000 but not
  7  3 exceeding 75,000 to implement the pilot project.  The
  7  4 department shall file a report with the co-chairpersons and
  7  5 ranking members of the joint appropriations subcommittee on
  7  6 the justice system and the legislative services agency by
  7  7 February 1, 2009, detailing the number of offenders served by
  7  8 the pilot project, the recidivism rate, a description of the
  7  9 types of services received by the offenders, and the number of
  7 10 prison bed days saved by the pilot project.
  7 11    Sec. 2.  PURCHASE OF SERVICE CONTRACT PROVIDERS ==
  7 12 REIMBURSEMENT INCREASE.  There is appropriated from the
  7 13 healthy Iowans tobacco trust created in section 12.65 to the
  7 14 property tax relief fund created in section 426B.1 for the
  7 15 fiscal year beginning July 1, 2008, and ending June 30, 2009,
  7 16 the following amount, or so much thereof as is necessary, to
  7 17 be used for the purposes designated:
  7 18    For assistance to the counties with limited county mental
  7 19 health, mental retardation, and developmental disabilities
  7 20 services fund balances which were selected in accordance with
  7 21 2000 Iowa Acts, chapter 1221, section 3, to receive such
  7 22 assistance in the same amount provided during the fiscal year
  7 23 beginning July 1, 2000, and ending June 30, 2001, to pay
  7 24 reimbursement increases in accordance with 2000 Iowa Acts,
  7 25 chapter 1221, section 3:
  7 26 .................................................. $    146,750
  7 27    Sec. 3.  IOWA EMPOWERMENT FUND.  There is appropriated from
  7 28 the healthy Iowans tobacco trust created in section 12.65 to
  7 29 the Iowa empowerment fund created in section 28.9 for the
  7 30 fiscal year beginning July 1, 2008, and ending June 30, 2009,
  7 31 for deposit in the school ready children grants account:
  7 32 .................................................. $  2,153,250
  7 33    Sec. 4.  IOWA COMMISSION ON VOLUNTEER SERVICES.  There is
  7 34 appropriated from the healthy Iowans tobacco trust created in
  7 35 section 12.65 to the department of economic development for
  8  1 the fiscal year beginning July 1, 2008, and ending June 30,
  8  2 2009, the following amount, or so much thereof as is
  8  3 necessary, to be used for the purpose designated:
  8  4    For allocation to the Iowa commission on volunteer services
  8  5 for the Iowa's promise and mentoring partnership program and
  8  6 for not more than the following full=time equivalent
  8  7 positions:
  8  8 .................................................. $    125,000
  8  9 ............................................... FTEs       1.00
  8 10    Sec. 5.  DEPARTMENT OF EDUCATION.  There is appropriated
  8 11 from the healthy Iowans tobacco trust created in section 12.65
  8 12 to the department of education for the fiscal year beginning
  8 13 July 1, 2008, and ending June 30, 2009, the following amount,
  8 14 or so much thereof as is necessary, to be used for the purpose
  8 15 designated:
  8 16    To continue the competitive grants program to expand the
  8 17 availability of the before and after school grant program as
  8 18 provided in section 256.26:
  8 19 .................................................. $    505,000
  8 20    Of the amount appropriated for purposes of the competitive
  8 21 grants program, not more than $100,000 may be used to retain a
  8 22 contractor to work with the department on long=term planning
  8 23 and development of a statewide infrastructure to provide
  8 24 coordination, support, and technical assistance to before and
  8 25 after school programs.  The contractor shall be qualified to
  8 26 provide services in policy development, before and after
  8 27 school funding mechanisms, public and private partnerships,
  8 28 data collection, the promotion of quality, and working with
  8 29 various state and local interests.
  8 30    Sec. 6.  2007 Iowa Acts, chapter 208, section 1, subsection
  8 31 2, paragraph e, is amended to read as follows:
  8 32    e.  For the center for congenital and inherited disorders
  8 33 established pursuant to section 136A.3:
  8 34 .................................................. $     26,000
  8 35                                                               0
  9  1    Sec. 7.  ENDOWMENT FOR IOWA'S HEALTH ACCOUNT == TRANSFER.
  9  2 Notwithstanding any provision of law to the contrary, the
  9  3 unencumbered or unobligated balance of the endowment for
  9  4 Iowa's health account created in section 12E.12 at the close
  9  5 of the fiscal year beginning July 1, 2007, shall be
  9  6 transferred to the healthy Iowans tobacco trust created in
  9  7 section 12.65.
  9  8    Sec. 8.  EFFECTIVE DATES.
  9  9    1.  The section of this division of this Act transferring
  9 10 the balance at the end of the fiscal year beginning July 1,
  9 11 2007, in the endowment for Iowa's health account to the
  9 12 healthy Iowans tobacco trust, being deemed of immediate
  9 13 importance, takes effect upon enactment.
  9 14    2.  The section of this division of this Act amending the
  9 15 appropriation for the center for congenital and inherited
  9 16 disorders in 2007 Iowa Acts, chapter 208, being deemed of
  9 17 immediate importance, takes effect upon enactment.
  9 18                           DIVISION II
  9 19             HEALTHY IOWANS TOBACCO TRUST == REPEAL
  9 20    Sec. 9.  Section 12E.2, subsection 5, Code 2007, is amended
  9 21 by striking the subsection.
  9 22    Sec. 10.  Section 12E.2, subsection 10, Code 2007, is
  9 23 amended to read as follows:
  9 24    10.  "Program plan" means the tobacco settlement program
  9 25 plan dated February 14, 2001, including exhibits to the
  9 26 program plan, submitted by the authority to the legislative
  9 27 council and the executive council, to provide the state with a
  9 28 secure and stable source of funding for the purposes
  9 29 designated by section 12E.3A and other provisions of this
  9 30 chapter and section 12.65.
  9 31    Sec. 11.  Section 12E.3, subsection 2, paragraph a, Code
  9 32 2007, is amended to read as follows:
  9 33    a.  To implement and administer the program plan and to
  9 34 establish a stable source of revenue to be used for the
  9 35 purposes designated in section 12E.3A and other provisions of
 10  1 this chapter and section 12.65.
 10  2    Sec. 12.  NEW SECTION.  12E.3A  ENDOWMENT FOR IOWA'S HEALTH
 10  3 ACCOUNT == PURPOSES.
 10  4    1.  The general assembly reaffirms and reenacts the
 10  5 purposes stated for the use of moneys deposited in the healthy
 10  6 Iowans tobacco trust, as the purposes were enacted in 2000
 10  7 Iowa Acts, chapter 1232, section 12, and codified in section
 10  8 12.65, Code 2007, as the purposes for the endowment for Iowa's
 10  9 health account.  The purposes include those purposes related
 10 10 to health care, substance abuse treatment and enforcement,
 10 11 tobacco use prevention and control, and other purposes related
 10 12 to the needs of children, adults, and families in the state.
 10 13    2.  Any net proceeds from the sale of taxable bonds or
 10 14 tax=exempt bonds issued to provide funds for the purposes
 10 15 stated in section 12.65, Code 2007, and as reaffirmed and
 10 16 reenacted in subsection 1 shall continue to be used for such
 10 17 purposes, including but not limited to any such proceeds
 10 18 deposited in the endowment for Iowa's health account or
 10 19 transferred or otherwise credited to the general fund of the
 10 20 state.
 10 21    Sec. 13.  Section 12E.9, subsection 1, paragraph b,
 10 22 subparagraphs (3) and (6), Code 2007, are amended to read as
 10 23 follows:
 10 24    (3)  An agreement that the anticipated use by the state of
 10 25 bond proceeds received pursuant to the sales agreement shall
 10 26 be for capital projects, certain debt service on outstanding
 10 27 obligations that funded capital projects, payment of attorney
 10 28 fees related to the master settlement agreement, and to
 10 29 provide a secure and stable source of funding to the state for
 10 30 purposes designated by section 12E.3A and other provisions of
 10 31 this chapter and section 12.65.
 10 32    (6)  A requirement that the net proceeds received by the
 10 33 authority from the sale of taxable bonds or tax=exempt bonds
 10 34 issued to provide funds for the purposes specified in section
 10 35 12.65 12E.3A be deposited in the endowment for Iowa's health
 11  1 account of the tobacco settlement trust fund as moneys of the
 11  2 authority until transferred to the state pursuant to section
 11  3 12E.12, subsection 1, paragraph "b", subparagraph (2).  Each
 11  4 amount transferred shall be the consideration received by the
 11  5 state for that portion of the state's share.
 11  6    Sec. 14.  Section 12E.10, subsection 1, paragraph a,
 11  7 subparagraph (3), Code 2007, is amended to read as follows:
 11  8    (3)  The authority may also issue taxable bonds or
 11  9 tax=exempt bonds to provide additional amounts to be used for
 11 10 the purposes specified in section 12.65 12E.3A.
 11 11    Sec. 15.  Section 12E.11, subsection 1, Code 2007, is
 11 12 amended to read as follows:
 11 13    1.  The authority may issue bonds and, if bonds are issued,
 11 14 shall make the proceeds from the bonds available to the state
 11 15 pursuant to the sales agreement to fund capital projects,
 11 16 certain debt service on outstanding obligations that funded
 11 17 capital projects, and attorney fees related to the master
 11 18 settlement agreement, and to provide a secure and stable
 11 19 source of funding to the state, consistent with the purposes
 11 20 of section 12E.3A and other provisions of this chapter and
 11 21 section 12.65.  In connection with the issuance of bonds and
 11 22 subject to the terms of the sales agreement, the authority
 11 23 shall determine the terms and other details of the financing
 11 24 and the method of implementation of the program plan.  Bonds
 11 25 issued pursuant to this section may be secured by a pledge of
 11 26 all or a portion of the state's share and any moneys derived
 11 27 from the state's share, and any other sources available to the
 11 28 authority with the exception of moneys in the tobacco
 11 29 settlement trust fund.  The authority may also issue refunding
 11 30 bonds, including advance refunding bonds, for the purpose of
 11 31 refunding previously issued bonds, and may issue other types
 11 32 of bonds, debt obligations, and financing arrangements
 11 33 necessary to fulfill its purposes or the purposes of this
 11 34 chapter.
 11 35    Sec. 16.  Section 12E.12, subsection 1, paragraph b,
 12  1 subparagraph (2), Code 2007, is amended to read as follows:
 12  2    (2)  The endowment for Iowa's health account.
 12  3    (a)  The net proceeds of any taxable bonds or tax=exempt
 12  4 bonds issued to provide funds for the purposes specified in
 12  5 section 12.65 12E.3A, which the authority is directed to
 12  6 deposit in the account, any portion of the state's share which
 12  7 is not sold to the authority, and any other moneys
 12  8 appropriated by the state for deposit in the account shall be
 12  9 deposited in the account and shall be used for the purposes
 12 10 specified in section 12.65 12E.3A.
 12 11    (a)  There is transferred from the endowment for Iowa's
 12 12 health account of the tobacco settlement trust fund to the
 12 13 healthy Iowans tobacco trust for the fiscal year beginning
 12 14 July 1, 2001, and ending June 30, 2002, the amount of
 12 15 fifty=five million dollars, to be used for the purposes
 12 16 specified in section 12.65.
 12 17    (b)  For each fiscal year beginning July 1, 2002 2009, and
 12 18 annually thereafter, there is transferred from the moneys
 12 19 deposited in the endowment for Iowa's health account of the
 12 20 tobacco settlement trust fund are transferred to the healthy
 12 21 Iowans tobacco trust fifty=five million dollars plus an
 12 22 inflationary factor of one and one=half percent of the amount
 12 23 transferred in the previous fiscal year.  Any transfer in an
 12 24 amount not in accordance with this subparagraph shall not be
 12 25 made unless authorized by a three=fifths majority of each
 12 26 house and approved by the governor general fund of the state.
 12 27 The moneys transferred shall be used for the purposes
 12 28 specified in section 12E.3A.
 12 29    Sec. 17.  Section 12E.17, Code 2007, is amended to read as
 12 30 follows:
 12 31    12E.17  DISSOLUTION OF THE AUTHORITY.
 12 32    The authority shall dissolve no later than two years from
 12 33 the date of final payment of all outstanding bonds and the
 12 34 satisfaction of all outstanding obligations of the authority,
 12 35 except to the extent necessary to remain in existence to
 13  1 fulfill any outstanding covenants or provisions with
 13  2 bondholders or third parties made in accordance with this
 13  3 chapter.  Upon dissolution of the authority, all assets of the
 13  4 authority shall be returned to the state and shall be
 13  5 deposited in the healthy Iowans tobacco trust general fund of
 13  6 the state, unless otherwise directed by the general assembly,
 13  7 and the authority shall execute any necessary assignments or
 13  8 instruments, including any assignment of any right, title, or
 13  9 ownership to the state for receipt of payments under the
 13 10 master settlement agreement.
 13 11    Sec. 18.  Section 12.65, Code 2007, is repealed.
 13 12    Sec. 19.  EFFECTIVE DATE.  This division of this Act takes
 13 13 effect June 30, 2009.
 13 14                          DIVISION III
 13 15            APPROPRIATIONS AND BALANCES == REVERSIONS
 13 16    Sec. 20.  HEALTHY IOWANS TOBACCO TRUST AND ENDOWMENT FOR
 13 17 IOWA'S HEALTH ACCOUNT == REVERSION.
 13 18    1.  Notwithstanding any provision of law to the contrary,
 13 19 moneys from appropriations that remain unencumbered or
 13 20 unobligated at the close of the fiscal year beginning July 1,
 13 21 2008, or the close of any succeeding fiscal year that would
 13 22 otherwise be required by law to revert to, be deposited in, or
 13 23 to be credited to the healthy Iowans tobacco trust or the
 13 24 endowment for Iowa's health account shall instead be credited
 13 25 to the general fund of the state.
 13 26    2.  Notwithstanding any provision of law to the contrary,
 13 27 the unencumbered or unobligated balances of the healthy Iowans
 13 28 tobacco trust at the close of the fiscal year beginning July
 13 29 1, 2008, or the endowment for Iowa's health account at the
 13 30 close of the fiscal year beginning July 1, 2008, or the close
 13 31 of any succeeding fiscal year shall be transferred to the
 13 32 general fund of the state.
 13 33                           EXPLANATION
 13 34    Division I of this bill relates to and makes appropriations
 13 35 from the healthy Iowans tobacco trust to the following
 14  1 departments for fiscal year 2008=2009:
 14  2    To the department of human services:
 14  3    1.  For child and family services including for
 14  4 reimbursement of adoption, independent living, shelter care,
 14  5 and home studies services providers, and other service
 14  6 providers under the purview of the department of human
 14  7 services.
 14  8    2.  For supplementation of the state supplementary
 14  9 assistance program.
 14 10    3.  For general administration of health=related programs.
 14 11    To the Iowa department of public health:
 14 12    1.  For the tobacco use prevention and control initiative
 14 13 and for additional substance abuse treatment.
 14 14    2.  For development of a healthy Iowans 2010 plan for the
 14 15 following purposes:  for essential public health services that
 14 16 promote healthy aging throughout the lifespan, contracted
 14 17 through a formula by local boards of health, to enhance health
 14 18 promotion and disease prevention services; for the
 14 19 continuation and support of a coordinated system of delivery
 14 20 of trauma and emergency medical services; for the poison
 14 21 control center; for development of scientific and medical
 14 22 expertise in environmental epidemiology; and for the childhood
 14 23 lead poisoning prevention program.
 14 24    3.  For the center for congenital and inherited disorders.
 14 25    4.  For a grant program to provide substance abuse
 14 26 prevention programming for children with specific criteria.
 14 27    5.  For a grant program for individuals with
 14 28 phenylketonuria (PKU).
 14 29    6.  For leveraging of federal funds under the federal Ryan
 14 30 White Care Act.
 14 31    7.  For a grant to provide education, programming, and
 14 32 support for people living with epilepsy and their families.
 14 33    To the department of corrections:  for community=based
 14 34 corrections, day programming, the drug court program, for the
 14 35 Fort Madison correctional facility for the clinical care unit,
 15  1 and for a transitional housing pilot project for offenders on
 15  2 parole.  The bill includes intent language that each judicial
 15  3 district department of correctional services cooperate with
 15  4 and utilize local community=based licensed substance abuse
 15  5 treatment providers.  The bill also directs each judicial
 15  6 district department of correctional services to submit a
 15  7 report to the general assembly and to the co=chairpersons and
 15  8 ranking members of the joint appropriations subcommittee on
 15  9 the justice system and the legislative services agency by
 15 10 December 15, 2008, detailing the utilization of drug court
 15 11 funds allocated under the bill.
 15 12    The bill appropriates funds for fiscal year 2008=2009 to
 15 13 the property tax relief fund for the fiscal year beginning
 15 14 July 1, 2008, and ending June 30, 2009, for assistance to
 15 15 counties with limited county mental health, mental
 15 16 retardation, and developmental disabilities services fund
 15 17 balances to pay reimbursement increases in the same amount as
 15 18 provided in the fiscal year beginning July 1, 2000, and ending
 15 19 June 30, 2001.
 15 20    The bill appropriates funds to the Iowa empowerment fund
 15 21 for the fiscal year beginning July 1, 2008, and ending June
 15 22 30, 2009, for deposit in the school ready children grants
 15 23 account.
 15 24    The bill appropriates funds to the department of economic
 15 25 development for fiscal year 2008=2009 for allocation to the
 15 26 Iowa commission on volunteer services for the Iowa's promise
 15 27 and mentoring partnership program.
 15 28    The bill appropriates funds to the department of education
 15 29 to continue the competitive grants program to expand the
 15 30 availability of the before and after school grant program,
 15 31 including a specified portion of funding to be used to retain
 15 32 a contractor to work with the department on long=term planning
 15 33 and development of a statewide infrastructure to provide
 15 34 coordination, support, and technical assistance to before and
 15 35 after school programs.  The bill provides that the contractor
 16  1 shall be qualified to provide services in policy development,
 16  2 before and after school funding mechanisms, public and private
 16  3 partnerships, data collection, the promotion of quality, and
 16  4 working with various state and local interests.
 16  5    The bill deappropriates funding appropriated from the
 16  6 healthy Iowans tobacco trust for FY 2007=2008 for the center
 16  7 for congenital and inherited disorders.  This provision takes
 16  8 effect upon enactment.
 16  9    The bill provides for the transfer of additional funds from
 16 10 the endowment for Iowa's health account to the healthy Iowans
 16 11 tobacco trust for the fiscal year beginning July 1, 2007, and
 16 12 ending June 30, 2008.  This provision takes effect upon
 16 13 enactment.
 16 14    Division II of this Act repeals Code section 12.65, which
 16 15 creates the healthy Iowans tobacco trust.  New Code section
 16 16 12E.3A reaffirms and reenacts the purposes specified in Code
 16 17 section 12.65 for the healthy Iowans tobacco trust as the
 16 18 purposes for the endowment for Iowa's health account.  The
 16 19 purposes are those related to health care, substance abuse
 16 20 treatment and enforcement, tobacco use prevention and control,
 16 21 and other purposes related to the needs of children, adults,
 16 22 and families in the state.
 16 23    Under current law, the proceeds of bonds issued and other
 16 24 moneys under the tobacco settlement authority are to be
 16 25 deposited in various accounts, including the endowment for
 16 26 Iowa's health account.  Under current law, a portion of the
 16 27 moneys in the endowment for Iowa's health account are then
 16 28 transferred to the healthy Iowans tobacco trust.  Under the
 16 29 bill, with the repeal of the healthy Iowans tobacco trust the
 16 30 moneys deposited in the endowment for Iowa's health account
 16 31 are transferred to the general fund of the state instead of
 16 32 the healthy Iowans tobacco trust.
 16 33    Division II takes effect June 30, 2009.
 16 34    Division III provides that any moneys from an appropriation
 16 35 remaining at the close of FY 2008=2009 or the close of any
 17  1 succeeding fiscal year that are required by law to revert to
 17  2 the healthy Iowans tobacco trust or the endowment for Iowa's
 17  3 health account are required to be credited instead to the
 17  4 general fund of the state.  The unencumbered or unobligated
 17  5 balances of the healthy Iowans tobacco trust at the close of
 17  6 FY 2008=2009 or the endowment for Iowa's health account at the
 17  7 close of FY 2008=2009 or the close of any succeeding fiscal
 17  8 year are required to be transferred to the general fund of the
 17  9 state.
 17 10 LSB 5008SV 82
 17 11 pf/jp/24