Senate File 601
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO LSB 2904SC)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to state and local finances by providing for
2 funding of property tax credits and reimbursements, by making,
3 increasing and reducing appropriations, providing for salaries
4 and compensation of state employees, providing for fees and
5 penalties, and providing for properly related matters, and
6 including effective date provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 2904SV 82
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PAG LIN
1 1 DIVISION I
1 2 MH/MR/DD/BI SERVICES ALLOWED
1 3 GROWTH FUNDING == FY 2008=2009
1 4 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION,
1 5 DEVELOPMENTAL DISABILITIES, AND BRAIN INJURY ALLOWED GROWTH
1 6 APPROPRIATION AND ALLOCATIONS == FISCAL YEAR 2008=2009.
1 7 1. There is appropriated from the general fund of the
1 8 state to the department of human services for the fiscal year
1 9 beginning July 1, 2008, and ending June 30, 2009, the
1 10 following amount, or so much thereof as is necessary, to be
1 11 used for the purpose designated:
1 12 For distribution to counties of the county mental health,
1 13 mental retardation, and developmental disabilities allowed
1 14 growth factor adjustment for fiscal year 2008=2009, and for
1 15 the brain injury services program in the department of public
1 16 health:
1 17 .................................................. $ 64,600,002
1 18 2. The amount appropriated in this section shall be
1 19 allocated as provided in a later enactment of the general
1 20 assembly.
1 21 DIVISION II
1 22 STANDING APPROPRIATIONS
1 23 AND RELATED MATTERS
1 24 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2008=2009.
1 25 1. For the budget process applicable to the fiscal year
1 26 beginning July 1, 2008, on or before October 1, 2007, in lieu
1 27 of the information specified in section 8.23, subsection 1,
1 28 unnumbered paragraph 1, and paragraph "a", all departments and
1 29 establishments of the government shall transmit to the
1 30 director of the department of management, on blanks to be
1 31 furnished by the director, estimates of their expenditure
1 32 requirements, including every proposed expenditure, for the
1 33 ensuing fiscal year, together with supporting data and
1 34 explanations as called for by the director of the department
1 35 of management after consultation with the legislative services
2 1 agency.
2 2 2. The estimates of expenditure requirements shall be in a
2 3 form specified by the director of the department of
2 4 management, and the expenditure requirements shall include all
2 5 proposed expenditures and shall be prioritized by program or
2 6 the results to be achieved. The estimates shall be
2 7 accompanied by performance measures for evaluating the
2 8 effectiveness of the programs or results.
2 9 Sec. 3. GENERAL ASSEMBLY == BUILDING SECURITY. Of the
2 10 appropriations made pursuant to section 2.12 for the expenses
2 11 of the general assembly and legislative agencies for the
2 12 fiscal year beginning July 1, 2007, and ending June 30, 2008,
2 13 $775,000 shall be used for capitol building and judicial
2 14 building security.
2 15 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
2 16 Notwithstanding the standing appropriations in the following
2 17 designated sections for the fiscal year beginning July 1,
2 18 2007, and ending June 30, 2008, the amounts appropriated from
2 19 the general fund of the state pursuant to these sections for
2 20 the following designated purposes shall not exceed the
2 21 following amounts:
2 22 1. For instructional support state aid under section
2 23 257.20:
2 24 .................................................. $ 14,428,271
2 25 2. For payment for nonpublic school transportation under
2 26 section 285.2:
2 27 .................................................. $ 8,604,714
2 28 If total approved claims for reimbursement for nonpublic
2 29 school pupil transportation claims exceed the amount
2 30 appropriated in this section, the department of education
2 31 shall prorate the amount of each claim.
2 32 3. For the educational excellence program under section
2 33 294A.25, subsection 1:
2 34 .................................................. $ 55,469,053
2 35 4. For the state's share of the cost of the peace
3 1 officers' retirement benefits under section 411.20:
3 2 .................................................. $ 2,745,784
3 3 Sec. 5. PROPERTY TAX CREDIT FUND == PAYMENTS IN LIEU OF
3 4 GENERAL FUND REIMBURSEMENT.
3 5 1. a. Notwithstanding section 8.57, prior to the
3 6 appropriation and distribution to the senior living trust fund
3 7 and the cash reserve fund of the surplus existing in the
3 8 general fund of the state at the conclusion of the fiscal year
3 9 beginning July 1, 2006, and ending June 30, 2007, pursuant to
3 10 section 8.57, subsections 1 and 2, of that surplus,
3 11 $157,868,964 is appropriated to the property tax credit fund
3 12 which shall be created in the office of the treasurer of state
3 13 to be used for the purposes of this section.
3 14 b. Notwithstanding any provision in section 8.57 to the
3 15 contrary in determining the amount of the appropriation to the
3 16 senior living trust fund pursuant to section 8.57, subsection
3 17 2, paragraph "a", the surplus for the fiscal year beginning
3 18 July 1, 2006, shall not include the amount appropriated to the
3 19 property tax credit fund pursuant to paragraph "a" of this
3 20 subsection.
3 21 c. There is appropriated from the general fund of the
3 22 state to the property tax credit fund created in paragraph "a"
3 23 for the fiscal year beginning July 1, 2007, and ending June
3 24 30, 2008, the sum of $2,000,000.
3 25 2. Notwithstanding the amount of the standing
3 26 appropriation from the general fund of the state in the
3 27 following designated sections and notwithstanding any
3 28 conflicting provisions or voting requirements of section 8.56,
3 29 there is appropriated from the property tax credit fund in
3 30 lieu of the appropriations in the following designated
3 31 sections for the fiscal year beginning July 1, 2007, and
3 32 ending June 30, 2008, the following amounts for the following
3 33 designated purposes:
3 34 a. For reimbursement for the homestead property tax credit
3 35 under section 425.1:
4 1 .................................................. $102,658,781
4 2 b. For reimbursement for the agricultural land and family
4 3 farm tax credits under sections 425A.1 and 426.1:
4 4 .................................................. $ 34,610,183
4 5 c. For reimbursement for the military service tax credit
4 6 under section 426A.1A:
4 7 .................................................. $ 2,800,000
4 8 d. For implementing the elderly and disabled tax credit
4 9 and reimbursement pursuant to sections 425.16 through 425.40:
4 10 .................................................. $ 19,800,000
4 11 If the director of revenue determines that the amount of
4 12 claims for credit for property taxes due pursuant to
4 13 paragraphs "a", "b", "c", and "d" plus the amount of claims
4 14 for reimbursement for rent constituting property taxes paid
4 15 which are to be paid during the fiscal year may exceed the
4 16 total amount appropriated, the director shall estimate the
4 17 percentage of the credits and reimbursements which will be
4 18 funded by the appropriation. The county treasurer shall
4 19 notify the director of the amount of property tax credits
4 20 claimed by June 8, 2007. The director shall estimate the
4 21 percentage of the property tax credits and rent reimbursement
4 22 claims that will be funded by the appropriation and notify the
4 23 county treasurer of the percentage estimate by June 15, 2007.
4 24 The estimated percentage shall be used in computing for each
4 25 claim the amount of property tax credit and reimbursement for
4 26 rent constituting property taxes paid for that fiscal year.
4 27 If the director overestimates the percentage of funding,
4 28 claims for reimbursement for rent constituting property taxes
4 29 paid shall be paid until they can no longer be paid at the
4 30 estimated percentage of funding. Rent reimbursement claims
4 31 filed after that point in time shall receive priority and
4 32 shall be paid in the following fiscal year.
4 33 3. Notwithstanding any other provision, if the
4 34 Eighty=second General Assembly, 2007 Session, enacts
4 35 legislation that also provides for the appropriation of the
5 1 surplus or any part of the surplus existing in the general
5 2 fund of the state at the conclusion of the fiscal year
5 3 beginning July 1, 2006, and ending June 30, 2007, the moneys
5 4 appropriated from such surplus pursuant to subsection 1 shall
5 5 have priority over all other such appropriations.
5 6 Sec. 6. CASH RESERVE APPROPRIATION FOR FY 2007=2008. For
5 7 the fiscal year beginning July 1, 2007, and ending June 30,
5 8 2008, the appropriation to the cash reserve fund provided in
5 9 section 8.57, subsection 1, paragraph "a", shall not be made.
5 10 Sec. 7. Section 8.57A, subsection 4, Code 2007, is amended
5 11 to read as follows:
5 12 4. There is appropriated from the rebuild Iowa
5 13 infrastructure fund for the fiscal year beginning July 1, 2000
5 14 2007, and for each fiscal year thereafter, the sum of
5 15 thirty=five forty million dollars to the environment first
5 16 fund, notwithstanding section 8.57, subsection 6, paragraph
5 17 "c".
5 18 Sec. 8. Section 257.35, subsection 4, Code 2007, is
5 19 amended to read as follows:
5 20 4. Notwithstanding subsection 1, and in addition to the
5 21 reduction applicable pursuant to subsection 2, the state aid
5 22 for area education agencies and the portion of the combined
5 23 district cost calculated for these agencies for the fiscal
5 24 year beginning July 1, 2006 2007, shall be reduced by the
5 25 department of management by eight five million two hundred
5 26 fifty thousand dollars. The reduction for each area education
5 27 agency shall be prorated based on the reduction that the
5 28 agency received in the fiscal year beginning July 1, 2003.
5 29 Sec. 9. AREA EDUCATION AGENCY PAYMENTS. It is the intent
5 30 of the general assembly that for the fiscal year beginning
5 31 July 1, 2008, any reduction in state aid to area education
5 32 agencies and the combined district cost calculated for those
5 33 agencies over the reduction applicable pursuant to section
5 34 257.35, subsection 2, shall not exceed $2.5 million and that
5 35 for the fiscal year beginning July 1, 2009, there shall be no
6 1 such additional reduction.
6 2 Sec. 10. EFFECTIVE DATE. The section of this division of
6 3 this Act creating the property tax credit fund, being deemed
6 4 of immediate importance, takes effect upon enactment.
6 5 DIVISION III
6 6 SALARIES, COMPENSATION, AND RELATED MATTERS
6 7 Sec. 11. STATE COURTS == JUSTICES, JUDGES, AND
6 8 MAGISTRATES.
6 9 1. The salary rates specified in subsection 2 are for the
6 10 fiscal year beginning July 1, 2007, effective for the pay
6 11 period beginning June 29, 2007, and for subsequent fiscal
6 12 years until otherwise provided by the general assembly. The
6 13 salaries provided for in this section shall be paid from funds
6 14 appropriated to the judicial branch from the salary adjustment
6 15 fund or if the appropriation is not sufficient, from funds
6 16 appropriated to the judicial branch pursuant to any Act of the
6 17 general assembly.
6 18 2. The following annual salary rates shall be paid to the
6 19 persons holding the judicial positions indicated during the
6 20 fiscal year beginning July 1, 2007, effective with the pay
6 21 period beginning June 29, 2007, and for subsequent pay
6 22 periods.
6 23 a. Chief justice of the supreme court:
6 24 .................................................. $ 167,500
6 25 b. Each justice of the supreme court:
6 26 .................................................. $ 160,000
6 27 c. Chief judge of the court of appeals:
6 28 .................................................. $ 150,000
6 29 d. Each associate judge of the court of appeals:
6 30 .................................................. $ 145,000
6 31 e. Each chief judge of a judicial district:
6 32 .................................................. $ 140,000
6 33 f. Each district judge except the chief judge of a
6 34 judicial district:
6 35 .................................................. $ 135,000
7 1 g. Each district associate judge:
7 2 .................................................. $ 120,000
7 3 h. Each associate juvenile judge:
7 4 .................................................. $ 120,000
7 5 i. Each associate probate judge:
7 6 .................................................. $ 120,000
7 7 j. Each judicial magistrate:
7 8 .................................................. $ 37,000
7 9 k. Each senior judge:
7 10 .................................................. $ 8,000
7 11 3. Persons receiving the salary rates established under
7 12 this section shall not receive any additional salary
7 13 adjustments provided by this division of this Act.
7 14 Sec. 12. APPOINTED STATE OFFICERS. The governor shall
7 15 establish a salary for appointed nonelected persons in the
7 16 executive branch of state government holding a position
7 17 enumerated in the section of this division of this Act that
7 18 addresses the salary ranges of state officers within the range
7 19 provided, by considering, among other items, the experience of
7 20 the individual in the position, changes in the duties of the
7 21 position, the incumbent's performance of assigned duties, and
7 22 subordinates' salaries. However, the attorney general shall
7 23 establish the salary for the consumer advocate, the chief
7 24 justice of the supreme court shall establish the salary for
7 25 the state court administrator, the ethics and campaign
7 26 disclosure board shall establish the salary of the executive
7 27 director, the Iowa public broadcasting board shall establish
7 28 the salary of the administrator of the public broadcasting
7 29 division of the department of education, and the state fair
7 30 board shall establish the salary of the secretary of the state
7 31 fair board, each within the salary range provided in the
7 32 section of this division of this Act that addresses the salary
7 33 ranges of state officers.
7 34 The governor, in establishing salaries as provided in the
7 35 section of this division of this Act that addresses the salary
8 1 ranges of state officers, shall take into consideration other
8 2 employee benefits which may be provided for an individual
8 3 including but not limited to housing.
8 4 A person whose salary is established pursuant to the
8 5 section of this division of this Act that addresses the salary
8 6 ranges of state officers and who is a full=time, year=round
8 7 employee of the state shall not receive any other remuneration
8 8 from the state or from any other source for the performance of
8 9 that person's duties unless the additional remuneration is
8 10 first approved by the governor or authorized by law. However,
8 11 this provision does not exclude the reimbursement for
8 12 necessary travel and expenses incurred in the performance of
8 13 duties or fringe benefits normally provided to employees of
8 14 the state.
8 15 Sec. 13. STATE OFFICERS == SALARY RANGE. The following
8 16 annual salary ranges are effective for the positions specified
8 17 in this section for the fiscal year beginning July 1, 2007,
8 18 and for subsequent fiscal years until otherwise provided by
8 19 the general assembly. The governor or other person designated
8 20 in the section of this division of this Act relating to
8 21 appointed state officers shall determine the salary to be paid
8 22 to the person indicated at a rate within this salary range
8 23 from funds appropriated by the general assembly for that
8 24 purpose.
8 25 1. The following are salary ranges for appointed state
8 26 officers for the fiscal year beginning July 1, 2007, effective
8 27 with the pay period beginning June 29, 2007:
8 28 SALARY RANGE Minimum Maximum
8 29 a. Range 1 ........................... $ 9,069 $ 35,464
8 30 b. Range 2 ........................... $46,758 $ 71,552
8 31 c. Range 3 ........................... $53,768 $ 82,285
8 32 d. Range 4 ........................... $61,838 $ 94,619
8 33 e. Range 5 ........................... $71,115 $108,805
8 34 f. Range 6 ........................... $81,786 $125,133
8 35 g. Range 7 ........................... $97,906 $149,802
9 1 2. The following are range 1 positions: there are no
9 2 range 1 positions for the fiscal year beginning July 1, 2007.
9 3 3. The following are range 2 positions: administrator of
9 4 the arts division of the department of cultural affairs,
9 5 administrators of the division of persons with disabilities,
9 6 the division on the status of women, the division on the
9 7 status of Iowans of Asian and Pacific Islander heritage, the
9 8 division on the status of African=Americans, the division of
9 9 deaf services, and the division of Latino affairs of the
9 10 department of human rights.
9 11 4. The following are range 3 positions: administrator of
9 12 the division of criminal and juvenile justice planning of the
9 13 department of human rights, administrator of the division of
9 14 community action agencies of the department of human rights,
9 15 executive director of the department of veterans affairs, and
9 16 chairperson and members of the employment appeal board of the
9 17 department of inspections and appeals.
9 18 5. The following are range 4 positions: director of the
9 19 department of human rights, director of the Iowa state civil
9 20 rights commission, executive director of the college student
9 21 aid commission, director of the department for the blind,
9 22 executive director of the ethics and campaign disclosure
9 23 board, members of the public employment relations board, and
9 24 chairperson, vice chairperson, and members of the board of
9 25 parole.
9 26 6. The following are range 5 positions: administrator of
9 27 the division of homeland security and emergency management of
9 28 the department of public defense, state public defender, drug
9 29 policy coordinator, labor commissioner, workers' compensation
9 30 commissioner, director of the department of cultural affairs,
9 31 director of the department of elder affairs, director of the
9 32 law enforcement academy, and administrator of the historical
9 33 division of the department of cultural affairs.
9 34 7. The following are range 6 positions: director of the
9 35 Iowa energy independence office, superintendent of banking,
10 1 superintendent of credit unions, administrator of the
10 2 alcoholic beverages division of the department of commerce,
10 3 director of the department of inspections and appeals,
10 4 commandant of the Iowa veterans home, commissioner of public
10 5 safety, commissioner of insurance, executive director of the
10 6 Iowa finance authority, director of the department of natural
10 7 resources, consumer advocate, and chairperson of the utilities
10 8 board. The other members of the utilities board shall receive
10 9 an annual salary within a range of not less than 90 percent
10 10 but not more than 95 percent of the annual salary of the
10 11 chairperson of the utilities board.
10 12 8. The following are range 7 positions: administrator of
10 13 the public broadcasting division of the department of
10 14 education, director of the department of corrections, director
10 15 of the department of education, director of human services,
10 16 director of the department of economic development, executive
10 17 director of the Iowa telecommunications and technology
10 18 commission, executive director of the state board of regents,
10 19 director of transportation, director of the department of
10 20 workforce development, director of revenue, director of public
10 21 health, state court administrator, secretary of the Iowa state
10 22 fair board, director of the department of management, and
10 23 director of the department of administrative services.
10 24 Sec. 14. COLLECTIVE BARGAINING AGREEMENTS FUNDED ==
10 25 GENERAL FUND. There is appropriated from the general fund of
10 26 the state to the salary adjustment fund for distribution by
10 27 the department of management to the various state departments,
10 28 boards, commissions, councils, and agencies, including the
10 29 state board of regents and the judicial branch, for the fiscal
10 30 year beginning July 1, 2007, and ending June 30, 2008, the
10 31 amount of $108,598,094, or so much thereof as may be
10 32 necessary, to fully fund annual pay adjustments, expense
10 33 reimbursements, and related benefits implemented pursuant to
10 34 the following:
10 35 1. The collective bargaining agreement negotiated pursuant
11 1 to chapter 20 for employees in the blue collar bargaining
11 2 unit.
11 3 2. The collective bargaining agreement negotiated pursuant
11 4 to chapter 20 for employees in the public safety bargaining
11 5 unit.
11 6 3. The collective bargaining agreement negotiated pursuant
11 7 to chapter 20 for employees in the security bargaining unit.
11 8 4. The collective bargaining agreement negotiated pursuant
11 9 to chapter 20 for employees in the technical bargaining unit.
11 10 5. The collective bargaining agreement negotiated pursuant
11 11 to chapter 20 for employees in the professional fiscal and
11 12 staff bargaining unit.
11 13 6. The collective bargaining agreement negotiated pursuant
11 14 to chapter 20 for employees in the clerical bargaining unit.
11 15 7. The collective bargaining agreement negotiated pursuant
11 16 to chapter 20 for employees in the professional social
11 17 services bargaining unit.
11 18 8. The collective bargaining agreement negotiated pursuant
11 19 to chapter 20 for employees in the community=based corrections
11 20 bargaining unit.
11 21 9. The collective bargaining agreements negotiated
11 22 pursuant to chapter 20 for employees in the judicial branch of
11 23 government bargaining units.
11 24 10. The collective bargaining agreement negotiated
11 25 pursuant to chapter 20 for employees in the patient care
11 26 bargaining unit.
11 27 11. The collective bargaining agreement negotiated
11 28 pursuant to chapter 20 for employees in the science bargaining
11 29 unit.
11 30 12. The collective bargaining agreement negotiated
11 31 pursuant to chapter 20 for employees in the university of
11 32 northern Iowa faculty bargaining unit.
11 33 13. The collective bargaining agreement negotiated
11 34 pursuant to chapter 20 for employees in the state university
11 35 of Iowa graduate student bargaining unit.
12 1 14. The collective bargaining agreement negotiated
12 2 pursuant to chapter 20 for employees in the state university
12 3 of Iowa hospital and clinics tertiary health care bargaining
12 4 unit.
12 5 15. The annual pay adjustments, related benefits, and
12 6 expense reimbursements referred to in the sections of this
12 7 division of this Act addressing noncontract state and board of
12 8 regents employees who are not covered by a collective
12 9 bargaining agreement.
12 10 Of the amount appropriated in this section, $8,171,248
12 11 shall be allocated to the judicial branch for the purposes of
12 12 funding annual pay adjustments, expense reimbursements, and
12 13 related benefits implemented for judicial branch employees.
12 14 Sec. 15. NONCONTRACT STATE EMPLOYEES == GENERAL.
12 15 1. a. For the fiscal year beginning July 1, 2007, the
12 16 maximum and minimum salary levels of all pay plans provided
12 17 for in section 8A.413, subsection 2, as they exist for the
12 18 fiscal year ending June 30, 2007, shall be increased by 3
12 19 percent for the pay period beginning June 29, 2007, and any
12 20 additional changes in the pay plans shall be approved by the
12 21 governor.
12 22 b. For the fiscal year beginning July 1, 2007, employees
12 23 may receive a step increase or the equivalent of a step
12 24 increase.
12 25 c. Notwithstanding the increase in paragraph "a",
12 26 noncontract judicial branch employees shall receive increases
12 27 similar to those employees covered by collective bargaining
12 28 agreements negotiated by the judicial branch.
12 29 2. The pay plans for state employees who are exempt from
12 30 chapter 8A, subchapter IV, and who are included in the
12 31 department of administrative service's centralized payroll
12 32 system shall be increased in the same manner as provided in
12 33 subsection 1, and any additional changes in any executive
12 34 branch pay plans shall be approved by the governor.
12 35 3. This section does not apply to members of the general
13 1 assembly, board members, commission members, salaries of
13 2 persons set by the general assembly pursuant to this division
13 3 of this Act or set by the governor, or other persons
13 4 designated in the section of this division of this Act
13 5 addressing appointed state officers, employees designated
13 6 under section 8A.412, subsection 5, and employees covered by
13 7 11 IAC 53.6(3).
13 8 4. The pay plans for the bargaining eligible employees of
13 9 the state shall be increased in the same manner as provided in
13 10 subsection 1, and any additional changes in such executive
13 11 branch pay plans shall be approved by the governor. As used
13 12 in this section, "bargaining eligible employee" means an
13 13 employee who is eligible to organize under chapter 20, but has
13 14 not done so.
13 15 5. The policies for implementation of this section shall
13 16 be approved by the governor.
13 17 Sec. 16. STATE EMPLOYEES == STATE BOARD OF REGENTS. Funds
13 18 from the appropriation made from the general fund of the state
13 19 in the section of this division of this Act providing for
13 20 funding of collective bargaining agreements shall be allocated
13 21 to the state board of regents for the purposes of providing
13 22 increases for state board of regents employees covered by such
13 23 section of this division of this Act and for state board of
13 24 regents employees not covered by a collective bargaining
13 25 agreement as follows:
13 26 1. For regents merit system employees and merit
13 27 supervisory employees to fund for the fiscal year increases
13 28 comparable to those provided for similar contract=covered
13 29 employees in this division of this Act.
13 30 2. For faculty members and professional and scientific
13 31 employees to fund for the fiscal year percentage increases
13 32 comparable to those provided for contract=covered employees in
13 33 the university of northern Iowa faculty bargaining unit.
13 34 Sec. 17. APPROPRIATIONS FROM ROAD FUNDS.
13 35 1. There is appropriated from the road use tax fund to the
14 1 salary adjustment fund for the fiscal year beginning July 1,
14 2 2007, and ending June 30, 2008, the following amount, or so
14 3 much thereof as may be necessary, to be used for the purpose
14 4 designated:
14 5 To supplement other funds appropriated by the general
14 6 assembly:
14 7 .................................................. $ 2,294,814
14 8 2. There is appropriated from the primary road fund to the
14 9 salary adjustment fund, for the fiscal year beginning July 1,
14 10 2007, and ending June 30, 2008, the following amount, or so
14 11 much thereof as may be necessary, to be used for the purpose
14 12 designated:
14 13 To supplement other funds appropriated by the general
14 14 assembly:
14 15 .................................................. $ 11,788,266
14 16 3. Except as otherwise provided in this division of this
14 17 Act, the amounts appropriated in subsections 1 and 2 shall be
14 18 used to fund the annual pay adjustments, expense
14 19 reimbursements, and related benefits for public employees as
14 20 provided in this division of this Act.
14 21 Sec. 18. SPECIAL FUNDS == AUTHORIZATION. To departmental
14 22 revolving, trust, or special funds, except for the primary
14 23 road fund or the road use tax fund, for which the general
14 24 assembly has established an operating budget, a supplemental
14 25 expenditure authorization is provided, unless otherwise
14 26 provided, in an amount necessary to fund salary adjustments as
14 27 otherwise provided in this division of this Act.
14 28 Sec. 19. GENERAL FUND SALARY MONEYS. Funds appropriated
14 29 from the general fund of the state for distribution from the
14 30 salary adjustment fund in the section of this division of this
14 31 Act providing for funding of collective bargaining agreements
14 32 relate only to salaries supported from general fund
14 33 appropriations of the state. Funds appropriated from the
14 34 general fund of the state for employees of the state board of
14 35 regents relate only to salaries supported from general fund
15 1 appropriations of the state and shall exclude general
15 2 university indirect costs and general university federal
15 3 funds.
15 4 Sec. 20. FEDERAL FUNDS APPROPRIATED. All federal grants
15 5 to and the federal receipts of the agencies affected by this
15 6 division of this Act which are received and may be expended
15 7 for purposes of this division of this Act are appropriated for
15 8 those purposes and as set forth in the federal grants or
15 9 receipts.
15 10 Sec. 21. STATE TROOPER MEAL ALLOWANCE. The sworn peace
15 11 officers in the department of public safety who are not
15 12 covered by a collective bargaining agreement negotiated
15 13 pursuant to chapter 20 shall receive the same per diem meal
15 14 allowance as the sworn peace officers in the department of
15 15 public safety who are covered by a collective bargaining
15 16 agreement negotiated pursuant to chapter 20.
15 17 Sec. 22. STATE POLICE OFFICER COUNCIL BARGAINING UNIT ==
15 18 OVERTIME. Of the funds appropriated from the general fund of
15 19 the state in the section of this division of this Act
15 20 providing for funding of collective bargaining agreements, the
15 21 following amount, or so much thereof as is necessary, shall be
15 22 allocated to the department of public safety, division of
15 23 state patrol, to be used for the purpose designated:
15 24 To provide for expenditures related to the payment of
15 25 overtime for uniformed peace officers covered by a collective
15 26 bargaining agreement:
15 27 .................................................. $ 750,000
15 28 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model
15 29 administrator shall work in conjunction with the legislative
15 30 services agency to maintain the state's salary model used for
15 31 analyzing, comparing, and projecting state employee salary and
15 32 benefit information, including information relating to
15 33 employees of the state board of regents. The department of
15 34 revenue, the department of administrative services, the five
15 35 institutions under the jurisdiction of the state board of
16 1 regents, the judicial district departments of correctional
16 2 services, and the state department of transportation shall
16 3 provide salary data to the department of management and the
16 4 legislative services agency to operate the state's salary
16 5 model. The format and frequency of provision of the salary
16 6 data shall be determined by the department of management and
16 7 the legislative services agency. The information shall be
16 8 used in collective bargaining processes under chapter 20 and
16 9 in calculating the funding needs contained within the annual
16 10 salary adjustment legislation. A state employee organization
16 11 as defined in section 20.3, subsection 4, may request
16 12 information produced by the model, but the information
16 13 provided shall not contain information attributable to
16 14 individual employees.
16 15 Sec. 24. 2007 Iowa Acts, Senate File 563, section 2,
16 16 subsection 1, unnumbered paragraph 2, if enacted, is amended
16 17 to read as follows:
16 18 Notwithstanding section 602.9104, for the state's
16 19 contribution to the judicial retirement fund in the amount of
16 20 22.5 20.86 percent of the basic salaries of the judges covered
16 21 under chapter 602, article 9:
16 22 .................................................. $ 3,450,963
16 23 3,050,963
16 24 Sec. 25. Section 20.5, subsection 3, Code 2007, is amended
16 25 to read as follows:
16 26 3. In selecting the members of the board, consideration
16 27 shall be given to their knowledge, ability, and experience in
16 28 the field of labor=management relations. The chairperson and
16 29 the remaining two members shall each receive an annual salary
16 30 as set by the general assembly be compensated as provided in
16 31 section 7E.6, subsection 5.
16 32 Sec. 26. Section 99D.6, Code 2007, is amended to read as
16 33 follows:
16 34 99D.6 CHAIRPERSON == ADMINISTRATOR == EMPLOYEES == DUTIES
16 35 == BOND.
17 1 The commission shall elect in July of each year one of its
17 2 members as chairperson for the succeeding year. The
17 3 commission shall appoint an administrator of the commission
17 4 subject to confirmation by the senate. The administrator
17 5 shall serve a four=year term. The term shall begin and end in
17 6 the same manner as set forth in section 69.19. A vacancy
17 7 shall be filled for the unexpired portion of the term in the
17 8 same manner as a full=term appointment is made. The
17 9 administrator may hire other assistants and employees as
17 10 necessary to carry out the commission's duties. Employees in
17 11 the positions of equine veterinarian, canine veterinarian, and
17 12 equine steward shall be exempt from the merit system
17 13 provisions of chapter 8A, subchapter IV, and shall not be
17 14 covered by a collective bargaining agreement. Some or all of
17 15 the information required of applicants in section 99D.8A,
17 16 subsections 1 and 2, may also be required of employees of the
17 17 commission if the commission deems it necessary. The
17 18 administrator shall keep a record of the proceedings of the
17 19 commission and preserve the books, records, and documents
17 20 entrusted to the administrator's care. The administrator
17 21 shall be covered by the blanket surety bond of the state
17 22 purchased pursuant to section 8A.321, subsection 13. Subject
17 23 to the approval of the governor, the commission shall fix the
17 24 compensation of the administrator within the salary range as
17 25 set by the general assembly. The compensation and employment
17 26 terms of the administrator shall be set by the governor,
17 27 taking into consideration the level of knowledge and
17 28 experience of the administrator. The commission shall have
17 29 its headquarters in the city of Des Moines and shall meet in
17 30 July of each year and at other times and places as it finds
17 31 necessary for the discharge of its duties.
17 32 Sec. 27. Section 421.1A, subsection 6, Code 2007, is
17 33 amended to read as follows:
17 34 6. The members of the property assessment appeal board
17 35 shall receive compensation from the state commensurate with
18 1 the salary of a district judge through December 31, 2013. The
18 2 members of the board shall be considered state employees for
18 3 purposes of salary and benefits. The members of the board and
18 4 any employees of the board, when required to travel in the
18 5 discharge of official duties, shall be paid their actual and
18 6 necessary expenses incurred in the performance of duties.
18 7 Sec. 28. Section 602.1301, subsection 2, paragraph b, Code
18 8 2007, is amended to read as follows:
18 9 b. Before December 1, the supreme court shall submit to
18 10 the director of management an estimate of the total
18 11 expenditure requirements of the judicial branch including a
18 12 detailed listing of requested increases in salaries of all
18 13 judges and magistrates for the succeeding fiscal year. The
18 14 director of management shall submit this estimate received
18 15 from the supreme court to the governor for inclusion without
18 16 change in the governor's proposed budget for the succeeding
18 17 fiscal year. The estimate shall also be submitted to the
18 18 chairpersons of the committees on appropriations.
18 19 DIVISION IV
18 20 OTHER APPROPRIATIONS
18 21 AND RELATED MATTERS
18 22 Sec. 29. CAPITOL COMPLEX SHUTTLE. There is appropriated
18 23 from the general fund of the state to the department of
18 24 administrative services for the fiscal year beginning July 1,
18 25 2007, and ending June 30, 2008, the following amount, or so
18 26 much thereof as is necessary, to be used for the purpose
18 27 designated:
18 28 For the state's share of support in conjunction with the
18 29 city of Des Moines and local area businesses to provide a free
18 30 shuttle service to the citizens of Iowa visiting the capitol
18 31 complex that includes transportation between the capitol
18 32 complex and the downtown Des Moines area:
18 33 .................................................. $ 120,000
18 34 Details for the shuttle service, including the route to be
18 35 served, shall be determined pursuant to an agreement to be
19 1 entered into by the department with the Des Moines area
19 2 regional transit authority (DART) and any other participating
19 3 entities.
19 4 Sec. 30. MID=AMERICA PORT COMMISSION. There is
19 5 appropriated from the general fund of the state to the
19 6 department of economic development for the fiscal year
19 7 beginning July 1, 2007, and ending June 30, 2008, the
19 8 following amount, or so much thereof as is necessary, to be
19 9 used for the purpose designated:
19 10 For support for the mid=America port commission to defray
19 11 administrative costs:
19 12 .................................................. $ 40,000
19 13 Sec. 31. INTERPRETERS FOR THE DEAF. There is appropriated
19 14 from the general fund of the state to the department of
19 15 education for the fiscal year beginning July 1, 2007, and
19 16 ending June 30, 2008, the following amount, or so much thereof
19 17 as is necessary, to be used for the purpose designated:
19 18 For allocation to the Iowa western community college for
19 19 salaries and support for interpreters for the deaf:
19 20 .................................................. $ 200,000
19 21 Sec. 32. COMMUNITY COLLEGE SALARIES. There is
19 22 appropriated from the general fund of the state to the
19 23 department of education for the fiscal year beginning July 1,
19 24 2007, and ending June 30, 2008, the following amount, or so
19 25 much thereof as is necessary, to be used for the purpose
19 26 designated:
19 27 For distribution to community colleges to supplement
19 28 faculty salaries:
19 29 .................................................. $ 2,000,000
19 30 1. Moneys appropriated in this section shall be
19 31 distributed among each community college based on the
19 32 proportional share of that community college's total salary
19 33 expenditures in the instructional and instructional part=time
19 34 categories in the education functions of liberal arts and
19 35 sciences and vocational=technical bears to the total salary
20 1 expenditures for all community colleges in the education
20 2 functions of liberal arts and sciences and
20 3 vocational=technical in the fiscal year prior to the base
20 4 year, as determined by the department of education.
20 5 2. Moneys distributed to each community college under this
20 6 section shall then be rolled into that base funding allocation
20 7 for all future years. The use of the funds shall remain as
20 8 described in this section for all future years.
20 9 3. Moneys appropriated and distributed to community
20 10 colleges under this section shall be used to supplement and
20 11 not supplant any approved faculty salary increases or
20 12 negotiated agreements, excluding the distribution of the funds
20 13 in this section.
20 14 4. Moneys distributed to a community college under this
20 15 section shall be allocated to all full=time, nonadministrative
20 16 instructors and part=time instructors covered by a collective
20 17 bargaining agreement. The moneys shall be allocated by
20 18 negotiated agreements according to chapter 20. If no language
20 19 exists, the moneys shall be allocated equally to all
20 20 full=time, nonadministrative instructors with part=time
20 21 instructors covered by a collective bargaining agreement
20 22 receiving a prorated share of the fund.
20 23 Sec. 33. DEPARTMENT OF ELDER AFFAIRS.
20 24 1. There is appropriated from the general fund of the
20 25 state to the department of elder affairs for the fiscal year
20 26 beginning July 1, 2007, and ending June 30, 2008, the
20 27 following amount, or so much thereof as is necessary, to be
20 28 used for the purposes designated:
20 29 To join in a partnership with a county described in
20 30 subsection 2 to be used to fund a livable community initiative
20 31 and hire a full=time professional aging specialist for the
20 32 initiative:
20 33 .................................................. $ 75,000
20 34 2. The county eligible for the appropriation in subsection
20 35 1 shall meet all of the following qualifications:
21 1 a. Have a livable community initiative, supported by the
21 2 county board of supervisors, the area agency on aging, the
21 3 united way, the county public health department and others.
21 4 b. Have completed a market analysis on successful aging
21 5 and issued reports containing future directions for housing,
21 6 transportation, health and supportive services, and successful
21 7 aging.
21 8 c. Have organized action teams who are developing action
21 9 plans to implement the priorities established at a countywide
21 10 planning session with national leadership.
21 11 3. The purpose of the professional aging specialist hired
21 12 under this section is to help in the implementation of the
21 13 action plans being developed and to work with the
21 14 governmental, business, educational, health, religious,
21 15 social, leisure, and service segments of the urban=rural
21 16 county to create a replicable and portable model of a livable
21 17 community where persons can age successfully.
21 18 Sec. 34. READY RESERVE == APPROPRIATION. There is
21 19 appropriated from the general fund of the state to the
21 20 department of public defense for the fiscal year beginning
21 21 July 1, 2007, and ending June 30, 2008, the following amount,
21 22 or so much thereof as is necessary, to be used for the
21 23 purposes designated:
21 24 For initial implementation of the disaster behavioral
21 25 health responder ready reserve by the homeland security and
21 26 emergency management division in accordance with section
21 27 29C.23, as enacted by this division of this Act:
21 28 .................................................. $ 75,000
21 29 Sec. 35. STATE BOARD OF REGENTS == ARTICULATION WEBSITE ==
21 30 APPROPRIATION. There is appropriated from the general fund of
21 31 the state to the state board of regents for the fiscal year
21 32 beginning July 1, 2007, and ending June 30, 2008, the
21 33 following amount, or so much thereof as is necessary, to be
21 34 used for the purposes designated:
21 35 For the development, maintenance, and promotion of a credit
22 1 transfer and articulation internet website for use by students
22 2 who wish to transfer credits earned at a community college to
22 3 a state university governed by the board:
22 4 .................................................. $ 250,000
22 5 The general assembly finds that as college costs increase,
22 6 Iowa's community college students need access to resources
22 7 that allow the students to make informed, cost=effective
22 8 decisions regarding their postsecondary education plans. It
22 9 is the intent of the general assembly to provide for a
22 10 seamless transition for students transferring from Iowa's
22 11 community colleges to Iowa's state universities. Therefore,
22 12 the state board of regents shall, in cooperation with the
22 13 department of education and the community colleges, develop,
22 14 maintain, and promote a user=friendly credit transfer and
22 15 articulation internet website that allows Iowans to know at
22 16 the time of enrollment in a community college course whether
22 17 the credit will be accepted by the state university of the
22 18 student's choice, the category in which the university will
22 19 apply the credit, and to which degree program or programs the
22 20 university will apply the credit. The board and the community
22 21 colleges shall continuously strive to improve upon the
22 22 coordinating efforts between the state universities and the
22 23 community colleges to map and articulate community college
22 24 courses for college credit with the degree programs offered at
22 25 the state universities. The website shall be operational not
22 26 later than July 1, 2008.
22 27 Sec. 36. ALL IOWA OPPORTUNITY ASSISTANCE PROGRAM. If 2007
22 28 Iowa Acts, Senate File 588, is enacted and provides for an
22 29 appropriation from the general fund of the state to the
22 30 college student aid commission for the fiscal year beginning
22 31 July 1, 2007, and ending June 30, 2008, for the all Iowa
22 32 opportunity assistance program, there is appropriated to
22 33 supplement that appropriation as follows:
22 34 For purposes of the all Iowa opportunity assistance
22 35 program, which includes the all Iowa opportunity foster care
23 1 grant program established pursuant to section 261.6 and the
23 2 all Iowa opportunity scholarship program established pursuant
23 3 to section 261.88, if sections 261.6 and 261.88 are enacted by
23 4 2007 Iowa Acts, Senate File 588:
23 5 .................................................. $ 2,000,000
23 6 The moneys appropriated in this section shall be used for
23 7 the all Iowa opportunity scholarship program established
23 8 pursuant to section 261.88, if enacted.
23 9 Sec. 37. BEFORE AND AFTER SCHOOL GRANT PROGRAM. If 2007
23 10 Iowa Acts, Senate File 588, is enacted and provides for an
23 11 appropriation from the general fund of the state to the
23 12 department of education for the fiscal year beginning July 1,
23 13 2007, and ending June 30, 2008, for the before and after
23 14 school grant program, there is appropriated to supplement that
23 15 appropriation as follows:
23 16 For the before and after school grant program established
23 17 pursuant to section 256.26, if enacted by 2007 Iowa Acts,
23 18 Senate File 588:
23 19 .................................................. $ 295,000
23 20 Sec. 38. FARM MEDIATION. If 2007 Iowa Acts, Senate File
23 21 575, is enacted and provides for an appropriation from the
23 22 general fund of the state to the department of justice for the
23 23 fiscal year beginning July 1, 2007, and ending June 30, 2008,
23 24 for the purpose of funding farm mediation services, there is
23 25 appropriated to supplement that appropriation as follows:
23 26 For the purpose of funding farm mediation services and
23 27 other farm assistance program provisions in accordance with
23 28 sections 13.13 through 13.24:
23 29 .................................................. $ 150,000
23 30 Sec. 39. DEPARTMENT OF PUBLIC HEALTH == 211 PROGRAM.
23 31 There is appropriated from the general fund of the state to
23 32 the department of public health for the fiscal year beginning
23 33 July 1, 2007, and ending June 30, 2008, the following amount,
23 34 or so much thereof as is necessary, to be used for the
23 35 purposes designated:
24 1 For a grant to be determined by the director of the
24 2 department for a nonprofit organization exempt from federal
24 3 income tax under section 501(c) of the federal Internal
24 4 Revenue Code that is operating 211 program call centers on a
24 5 statewide basis for community information and referral
24 6 services:
24 7 .................................................. $ 500,000
24 8 The nonprofit organization shall cooperate with the
24 9 department and shall provide a report on its activities and
24 10 accomplishments to the general assembly by January 15, 2008.
24 11 Sec. 40. JUDICIAL BRANCH. There is appropriated from the
24 12 general fund of the state to the judicial branch for the
24 13 fiscal year beginning July 1, 2007, and ending June 30, 2008,
24 14 the following amount, or so much thereof as is necessary, for
24 15 the purposes designated:
24 16 For salaries, support, and miscellaneous purposes:
24 17 .................................................. $ 14,000,000
24 18 The amount appropriated in this section is a supplement to
24 19 the appropriations made for these purposes in 2007 Iowa Acts,
24 20 Senate File 563, if enacted.
24 21 Sec. 41. INDIGENT DEFENSE PROGRAM. There is appropriated
24 22 from the general fund of the state to the office of state
24 23 public defender of the department of inspections and appeals
24 24 for the fiscal year beginning July 1, 2007, and ending June
24 25 30, 2008, the following amount, or so much thereof as is
24 26 necessary, for the purposes designated:
24 27 For the indigent defense program:
24 28 .................................................. $ 3,000,000
24 29 The amount appropriated in this section is a supplement to
24 30 the appropriations made for these purposes in 2007 Iowa Acts,
24 31 Senate File 575, if enacted.
24 32 Sec. 42. NEWTON CORRECTIONAL FACILITY. There is
24 33 appropriated from the general fund of the state to the
24 34 department of corrections for the fiscal year beginning July
24 35 1, 2007, and ending June 30, 2008, the following amount, or so
25 1 much thereof as is necessary, for the purposes designated:
25 2 For the Newton correctional facility:
25 3 .................................................. $ 560,000
25 4 The amount appropriated in this section is a supplement to
25 5 the appropriations made for these purposes in 2007 Iowa Acts,
25 6 Senate File 575, if enacted.
25 7 Sec. 43. LEGAL SERVICES POVERTY GRANTS. There is
25 8 appropriated from the general fund of the state to the office
25 9 of attorney general for the fiscal year beginning July 1,
25 10 2007, and ending June 30, 2008, the following amount, or so
25 11 much thereof as is necessary, for the purposes designated:
25 12 For legal services for persons in poverty grants as
25 13 provided in section 13.34:
25 14 .................................................. $ 450,000
25 15 The amount appropriated in this section is a supplement to
25 16 the appropriations made for these purposes in 2007 Iowa Acts,
25 17 Senate File 575, if enacted.
25 18 Sec. 44. IOWA JUNIOR ANGUS ASSOCIATION. There is
25 19 appropriated from the general fund of the state to the
25 20 department of agriculture and land stewardship for the fiscal
25 21 year beginning July 1, 2007, and ending June 30, 2008, the
25 22 following amount, or so much thereof as is necessary, to be
25 23 used for the purpose designated:
25 24 For allocation to the Iowa junior angus association in
25 25 connection with the 2008 national junior angus show:
25 26 .................................................. $ 10,000
25 27 Sec. 45. STATE EMPLOYEE TELECOMMUTING == POLICY. Any
25 28 director of a department or state agency who is subject to a
25 29 requirement to develop a telecommuter employment policy and
25 30 plans shall develop the policy and plans in consultation with
25 31 representatives of the collective bargaining units of the
25 32 employees affected by the policy and plans.
25 33 Sec. 46. 2006 Iowa Acts, chapter 1177, section 16,
25 34 subsection 4, is amended by adding the following new
25 35 unnumbered paragraph:
26 1 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
26 2 moneys appropriated in this subsection that remain
26 3 unencumbered or unobligated at the close of the fiscal year
26 4 shall not revert but shall remain available for expenditure
26 5 for the purposes designated during the succeeding fiscal year.
26 6 Sec. 47. 2006 Iowa Acts, chapter 1180, section 5,
26 7 subsection 6, is amended by adding the following new
26 8 unnumbered paragraph:
26 9 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
26 10 moneys appropriated in this subsection that remain
26 11 unencumbered or unobligated at the close of the fiscal year
26 12 shall not revert but shall remain available for expenditure
26 13 for the purposes designated until the close of the succeeding
26 14 fiscal year.
26 15 Sec. 48. 2007 Iowa Acts, Senate File 562, section 1,
26 16 subsection 6, if enacted, is amended by adding the following
26 17 new unnumbered paragraph:
26 18 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
26 19 moneys appropriated in this subsection that remain
26 20 unencumbered or unobligated at the close of the fiscal year
26 21 shall not revert but shall remain available for expenditure
26 22 for the purposes designated until the close of the succeeding
26 23 fiscal year.
26 24 Sec. 49. 2007 Iowa Acts, House File 752, section 1,
26 25 subsection 2, paragraph a, if enacted, is amended to read as
26 26 follows:
26 27 a. Operations:
26 28 .................................................. $ 6,237,000
26 29 6,253,800
26 30 Sec. 50. 2007 Iowa Acts, House File 752, section 2,
26 31 subsection 1, paragraph a, if enacted, is amended to read as
26 32 follows:
26 33 a. Operations:
26 34 .................................................. $ 38,311,652
26 35 38,414,852
27 1 ............................................... FTEs 305.00
27 2 306.00
27 3 Sec. 51. NEW SECTION. 15.391 WORLD FOOD PRIZE AWARD AND
27 4 SUPPORT.
27 5 1. Commencing with the fiscal year beginning July 1, 2008,
27 6 there is annually appropriated from the general fund of the
27 7 state to the department one million dollars for the support of
27 8 the world food prize award.
27 9 2. The Iowa state capitol is designated as the primary
27 10 location for the annual ceremony to award the world food
27 11 prize.
27 12 Sec. 52. NEW SECTION. 15.392 WORLD FOOD PRIZE YOUTH
27 13 INSTITUTE.
27 14 1. As a condition of receiving state funding, the entity
27 15 awarding the world food prize shall establish a world food
27 16 prize youth institute program in honor of Nobel peace prize
27 17 laureate Dr. Norman E. Borlaug. The purpose of the program
27 18 shall be to provide an educational opportunity and forum for
27 19 high school students in this state who have an interest in
27 20 food, agriculture, or natural resources disciplines.
27 21 2. State funding for the world food prize youth institute
27 22 for a fiscal year shall be allocated from the appropriation
27 23 made for the support of the world food prize award.
27 24 3. A world food prize youth institute advisory committee
27 25 is established to advise and support the institute. The
27 26 advisory committee shall receive regular updates concerning
27 27 the status of the institute. The membership of the advisory
27 28 committee shall include two members of the senate, one each
27 29 appointed by the majority and minority party leaders, and two
27 30 members of the house of representatives appointed by the
27 31 speaker and minority leader of the house of representatives.
27 32 In addition, the governor shall appoint two members. The
27 33 terms of the legislative and executive branch appointments
27 34 shall coincide with each legislative biennium. A vacancy in a
27 35 legislative or executive branch appointment shall be filled
28 1 for the balance of the unexpired term by the original
28 2 appointing authority.
28 3 4. Staff support for the advisory committee shall be
28 4 provided by the department of economic development.
28 5 Sec. 53. NEW SECTION. 29C.23 DISASTER BEHAVIORAL HEALTH
28 6 RESPONDER READY RESERVE.
28 7 1. The administrator of the homeland security and
28 8 emergency management division shall provide for the ongoing
28 9 existence of a disaster behavioral health responder ready
28 10 reserve in accordance with this section. The purpose of the
28 11 reserve is to maintain a group of trained individuals to work
28 12 with state and local officials and others in providing crisis
28 13 counseling assistance in response to crises, disasters, and
28 14 public disorder emergencies.
28 15 2. The ready reserve shall be considered to be a homeland
28 16 security and emergency response team for purposes of section
28 17 29C.8, and the members of the ready reserve shall be subject
28 18 to section 29C.8 when the ready reserve is acting as a
28 19 homeland security and emergency response team upon the
28 20 directive of the administrator or pursuant to a governor's
28 21 disaster emergency proclamation as provided in section 29C.6.
28 22 3. The membership of the ready reserve may include but is
28 23 not limited to nurses, social workers, teachers, farmers,
28 24 mental health professionals, college students, and other
28 25 persons trained to serve as a disaster behavioral health
28 26 responder.
28 27 4. Functions associated with maintaining the existence of
28 28 the ready reserve shall include administration, project
28 29 activities, provision of information through the internet,
28 30 initial and ongoing training of ready reserve members, and
28 31 other related activities. The administrator may contract for
28 32 the performance of all or a part of the functions described in
28 33 this subsection.
28 34 5. Implementation of the ready reserve is subject to the
28 35 funding appropriated or made available for purposes of the
29 1 ready reserve.
29 2 Sec. 54. Section 256D.5, subsection 4, Code 2007, is
29 3 amended to read as follows:
29 4 4. For each fiscal year of the fiscal period beginning
29 5 July 1, 2004, and ending June 30, 2007 2012, the sum of
29 6 twenty=nine million two hundred fifty thousand dollars.
29 7 Sec. 55. Section 256D.9, Code 2007, is amended to read as
29 8 follows:
29 9 256D.9 FUTURE REPEAL.
29 10 This chapter is repealed effective July 1, 2007 2012.
29 11 Sec. 56. Section 279.51, subsection 1, Code 2007, is
29 12 amended to read as follows:
29 13 1. There is appropriated from the general fund of the
29 14 state to the department of education for the fiscal year
29 15 beginning July 1, 2000 2007, and each succeeding fiscal year,
29 16 the sum of twelve million five six hundred sixty six thousand
29 17 one hundred ninety=six dollars.
29 18 The moneys shall be allocated as follows:
29 19 a. Two hundred seventy=five thousand eight hundred
29 20 sixty=four dollars of the funds appropriated shall be
29 21 allocated to the area education agencies to assist school
29 22 districts in developing program plans and budgets under this
29 23 section and to assist school districts in meeting other
29 24 responsibilities in early childhood education.
29 25 b. For the fiscal year beginning July 1, 1998 2007, and
29 26 for each succeeding fiscal year, eight million five hundred
29 27 ten thirty=six thousand seven hundred forty dollars of the
29 28 funds appropriated shall be allocated to the child development
29 29 coordinating council established in chapter 256A for the
29 30 purposes set out in subsection 2 of this section and section
29 31 256A.3.
29 32 c. For the fiscal year beginning July 1, 1996 2007, and
29 33 for each fiscal year thereafter, three million five hundred
29 34 ten thousand nine hundred ninety=two dollars of the funds
29 35 appropriated shall be allocated as grants to school districts
30 1 that have elementary schools that demonstrate the greatest
30 2 need for programs for at=risk students with preference given
30 3 to innovative programs for the early elementary school years.
30 4 School districts receiving grants under this paragraph shall
30 5 at a minimum provide activities and materials designed to
30 6 encourage children's self=esteem, provide role modeling and
30 7 mentoring techniques in social competence and social skills,
30 8 and discourage inappropriate drug use. The grant allocations
30 9 made in this paragraph may be renewed for additional periods
30 10 of time. Of the amount allocated under this paragraph for
30 11 each fiscal year, seventy=five thousand dollars shall be
30 12 allocated to school districts which have an actual student
30 13 population of ten thousand or less and have an actual
30 14 non=English speaking student population which represents
30 15 greater than five percent of the total actual student
30 16 population for grants to elementary schools in those
30 17 districts.
30 18 d. Notwithstanding section 256A.3, subsection 6, of the
30 19 amount appropriated in this subsection for the fiscal year
30 20 beginning July 1, 1996 2007, and for each succeeding fiscal
30 21 year, two and one=fourth percent up to two hundred eighty=two
30 22 thousand six hundred dollars may be used for administrative
30 23 costs. Any reduction of an allocation under this subsection
30 24 as necessary to fund the provisions of this paragraph shall be
30 25 made from the allocation in paragraph "b".
30 26 Sec. 57. Section 602.1304, subsection 2, paragraph b, Code
30 27 2007, is amended to read as follows:
30 28 b. For each fiscal year, a judicial collection estimate
30 29 for that fiscal year shall be equally and proportionally
30 30 divided into a quarterly amount. The judicial collection
30 31 estimate shall be calculated by using the state revenue
30 32 estimating conference estimate made by December 15 pursuant to
30 33 section 8.22A, subsection 3, of the total amount of fines,
30 34 fees, civil penalties, costs, surcharges, and other revenues
30 35 collected by judicial officers and court employees for deposit
31 1 into the general fund of the state. The revenue estimating
31 2 conference estimate shall be reduced by the maximum amounts
31 3 allocated to the Iowa prison infrastructure fund pursuant to
31 4 section 602.8108A, the court technology and modernization fund
31 5 pursuant to section 602.8108, subsection 7, the judicial
31 6 branch pursuant to section 602.8108, subsection 8, the
31 7 department of inspections and appeals pursuant to section
31 8 602.8108, subsection 9, the office of attorney general
31 9 pursuant to section 602.8108, subsection 10, the department of
31 10 corrections pursuant to section 602.8108, subsection 11, and
31 11 the road use tax fund pursuant to section 602.8108, subsection
31 12 12, and the remainder shall be the judicial collection
31 13 estimate. In each quarter of a fiscal year, after revenues
31 14 collected by judicial officers and court employees equal to
31 15 that quarterly amount are deposited into the general fund of
31 16 the state, after the required amount is deposited during the
31 17 quarter into the Iowa prison infrastructure fund pursuant to
31 18 section 602.8108A, into the court technology and modernization
31 19 fund pursuant to section 602.8108, subsection 7, and into the
31 20 road use tax fund pursuant to section 602.8108, subsection 12,
31 21 after the required amount is allocated to the judicial branch
31 22 pursuant to section 602.8108, subsection 8, and after the
31 23 required amount is allocated to the department of inspections
31 24 and appeals pursuant to section 602.8108, subsection 9, the
31 25 office of attorney general pursuant to section 602.8108,
31 26 subsection 10, and the department of corrections pursuant to
31 27 section 602.8108, subsection 11, the director of the
31 28 department of administrative services shall deposit the
31 29 remaining revenues for that quarter into the enhanced court
31 30 collections fund in lieu of the general fund. However, after
31 31 total deposits into the collections fund for the fiscal year
31 32 are equal to the maximum deposit amount established for the
31 33 collections fund, remaining revenues for that fiscal year
31 34 shall be deposited into the general fund. If the revenue
31 35 estimating conference agrees to a different estimate at a
32 1 later meeting which projects a lesser amount of revenue than
32 2 the initial estimate amount used to calculate the judicial
32 3 collection estimate, the director of the department of
32 4 administrative services shall recalculate the judicial
32 5 collection estimate accordingly. If the revenue estimating
32 6 conference agrees to a different estimate at a later meeting
32 7 which projects a greater amount of revenue than the initial
32 8 estimate amount used to calculate the judicial collection
32 9 estimate, the director of the department of administrative
32 10 services shall recalculate the judicial collection estimate
32 11 accordingly but only to the extent that the greater amount is
32 12 due to an increase in the fines, fees, civil penalties, costs,
32 13 surcharges, or other revenues allowed by law to be collected
32 14 by judicial officers and court employees.
32 15 Sec. 58. Section 602.8108, subsections 8, 9, 10, and 11,
32 16 Code 2007, are amended by striking the subsections.
32 17 Sec. 59. EFFECTIVE DATE. The section of this division of
32 18 this Act amending section 256D.9, being deemed of immediate
32 19 importance, takes effect upon enactment.
32 20 Sec. 60. EFFECTIVE DATE. The section of this division of
32 21 this Act amending 2006 Iowa Acts, chapter 1177, being deemed
32 22 of immediate importance, takes effect upon enactment.
32 23 Sec. 61. EFFECTIVE DATE. The section of this division of
32 24 this Act amending 2006 Iowa Acts, chapter 1180, section 5,
32 25 being deemed of immediate importance, takes effect upon
32 26 enactment.
32 27 DIVISION V
32 28 MISCELLANEOUS STATUTORY CHANGES
32 29 Sec. 62. Section 8A.363, subsection 1, Code 2007, is
32 30 amended to read as follows:
32 31 1. A state officer or employee shall not use a state=owned
32 32 motor vehicle for personal private use. A state officer or
32 33 employee shall not be compensated for driving a privately
32 34 owned motor vehicle unless it is done on state business with
32 35 the approval of the director. In that case the state officer
33 1 or employee shall receive an amount to be determined by the
33 2 director. The amount shall not exceed be not less than ninety
33 3 percent of the maximum or not more than one hundred ten
33 4 percent of the maximum allowable under the federal internal
33 5 revenue service rules per mile, notwithstanding established
33 6 mileage requirements or depreciation allowances. However, the
33 7 director may authorize private motor vehicle rates in excess
33 8 of one hundred ten percent of the rate allowed under the
33 9 federal internal revenue service rules for state business use
33 10 of substantially modified or specially equipped privately
33 11 owned vehicles required by persons with disabilities. A
33 12 statutory provision establishing reimbursement for necessary
33 13 mileage, travel, or actual expenses to a state officer falls
33 14 under the private motor vehicle mileage rate limitation
33 15 provided in this section unless specifically provided
33 16 otherwise. Any peace officer employed by the state as defined
33 17 in section 801.4 who is required to use a private motor
33 18 vehicle in the performance of official duties shall receive
33 19 the private vehicle mileage rate at the rate provided in this
33 20 section. However, the director may delegate authority to
33 21 officials of the state, and department heads, for the use of
33 22 private vehicles on state business up to a yearly mileage
33 23 figure established by the director. If a state motor vehicle
33 24 has been assigned to a state officer or employee, the officer
33 25 or employee shall not collect mileage for the use of a
33 26 privately owned motor vehicle unless the state motor vehicle
33 27 assigned is not useable.
33 28 Sec. 63. Section 15I.3, subsection 4, Code 2007, is
33 29 amended to read as follows:
33 30 4. The total amount of tax credit certificates that may be
33 31 issued for a fiscal year under this chapter shall not exceed
33 32 ten million dollars for the fiscal years beginning before July
33 33 1, 2007, and shall not exceed four million dollars for fiscal
33 34 years beginning on or after July 1, 2007. The department
33 35 shall establish by rule the procedures for the application,
34 1 review, selection, awarding of certificates, and the method to
34 2 be used to determine for which fiscal year the tax credits are
34 3 available. If the approved tax credits exceed the maximum
34 4 amount for a fiscal year, tax credit certificates shall be
34 5 issued on an earliest date applied basis.
34 6 Sec. 64. Section 28D.3, subsection 4, Code 2007, is
34 7 amended to read as follows:
34 8 4. Persons employed by the department of natural
34 9 resources, department of administrative services, and the Iowa
34 10 communications network under this chapter are not subject to
34 11 the twenty=four=month time limitation specified in subsection
34 12 2.
34 13 Sec. 65. Section 85.66, Code 2007, is amended to read as
34 14 follows:
34 15 85.66 SECOND INJURY FUND == CREATION == CUSTODIAN.
34 16 The "Second Injury Fund" is hereby established under the
34 17 custody of the treasurer of state and shall consist of
34 18 payments to the fund as provided by this division and any
34 19 accumulated interest and earnings on moneys in the second
34 20 injury fund. The treasurer of state is charged with the
34 21 conservation of the assets of the second injury fund. Moneys
34 22 collected in the "Second Injury Fund" shall be disbursed only
34 23 for the purposes stated in this division, and shall not at any
34 24 time be appropriated or diverted to any other use or purpose.
34 25 The treasurer of state shall invest any surplus moneys of the
34 26 fund in securities which constitute legal investments for
34 27 state funds under the laws of this state, and may sell any of
34 28 the securities in which the fund is invested, if necessary,
34 29 for the proper administration or in the best interests of the
34 30 fund. Disbursements from the fund shall be paid by the
34 31 treasurer of state only upon the written order of the workers'
34 32 compensation commissioner. The attorney general shall be
34 33 reimbursed up to one hundred fifty thousand dollars annually
34 34 from the fund for services provided related to the fund. The
34 35 treasurer of state shall quarterly prepare a statement of the
35 1 fund, setting forth the balance of moneys in the fund, the
35 2 income of the fund, specifying the source of all income, the
35 3 payments out of the fund, specifying the various items of
35 4 payments, and setting forth the balance of the fund remaining
35 5 to its credit. The statement shall be open to public
35 6 inspection in the office of the treasurer of state.
35 7 Sec. 66. Section 85.67, Code 2007, is amended to read as
35 8 follows:
35 9 85.67 ADMINISTRATION OF FUND == SPECIAL COUNSEL == PAYMENT
35 10 OF AWARD.
35 11 The attorney general shall appoint a staff member to
35 12 represent the treasurer of state and the fund in all
35 13 proceedings and matters arising under this division. The
35 14 attorney general shall be reimbursed up to one hundred fifty
35 15 thousand dollars annually from the fund for services provided
35 16 related to the fund. The commissioner of insurance shall
35 17 consider the reimbursement to the attorney general as an
35 18 outstanding liability when making a determination of funding
35 19 availability under section 85.65A, subsection 2. In making an
35 20 award under this division, the workers' compensation
35 21 commissioner shall specifically find the amount the injured
35 22 employee shall be paid weekly, the number of weeks of
35 23 compensation which shall be paid by the employer, the date
35 24 upon which payments out of the fund shall begin, and, if
35 25 possible, the length of time the payments shall continue.
35 26 Sec. 67. NEW SECTION. 190A.1 FARM=TO=SCHOOL PROGRAM.
35 27 A farm=to=school program is established to encourage and
35 28 promote the purchase of locally and regionally produced or
35 29 processed food in order to improve child nutrition and
35 30 strengthen local and regional farm economies.
35 31 Sec. 68. NEW SECTION. 190A.2 FARM=TO=SCHOOL COUNCIL.
35 32 1. A farm=to=school council is established and made up of
35 33 seven members representing the following associations or state
35 34 departments:
35 35 a. One member representing the Iowa school nutrition
36 1 association.
36 2 b. One member representing the Iowa association for
36 3 health, physical education, recreation and dance with
36 4 expertise in health.
36 5 c. One Iowa fruit or vegetable producer.
36 6 d. One Iowa organic meat producer.
36 7 e. The director of the Leopold center or the director's
36 8 designee.
36 9 f. The director of the department of agriculture and land
36 10 stewardship or the director's designee.
36 11 g. The director of the department of education or the
36 12 director's designee.
36 13 2. The members listed under subsection 1, paragraphs "a"
36 14 through "d", shall be selected by the governor without senate
36 15 confirmation and shall serve at the pleasure of the governor.
36 16 Sec. 69. NEW SECTION. 190A.3 GOALS AND STRATEGIES.
36 17 1. The program seeks to link elementary and secondary
36 18 public and nonpublic schools in this state with Iowa farms to
36 19 provide schools with fresh and minimally processed food for
36 20 inclusion in school meals and snacks, encourages children to
36 21 develop healthy eating habits, and provide Iowa farmers access
36 22 to consumer markets.
36 23 2. The farm=to=school program may include activities that
36 24 provide students with hands=on learning opportunities, such as
36 25 farm visits, cooking demonstrations, and school gardening and
36 26 composting programs.
36 27 3. The farm=to=school council shall seek to establish
36 28 partnerships with public agencies and nonprofit organizations
36 29 to implement a structure to facilitate communication between
36 30 farmers and schools.
36 31 4. The farm=to=school council shall actively seek
36 32 financial or in=kind contributions from organizations or
36 33 persons to support the program.
36 34 Sec. 70. NEW SECTION. 190A.4 AGENCY COOPERATION.
36 35 The department of agriculture and land stewardship and the
37 1 department of education shall provide information regarding
37 2 the Iowa farm=to=school program in an electronic format on the
37 3 department's internet website.
37 4 Sec. 71. NEW SECTION. 214A.2B LABORATORY FOR MOTOR FUEL
37 5 AND BIOFUELS.
37 6 A laboratory for motor fuel and biofuels is established at
37 7 a merged area school which is engaged in biofuels testing on
37 8 July 1, 2007, and which testing includes but is not limited to
37 9 B20 biodiesel testing for motor trucks and the ability of
37 10 biofuels to meet A.S.T.M. international standards. The
37 11 laboratory shall conduct testing of motor fuel sold in this
37 12 state and biofuel which is blended in motor fuel in this state
37 13 to ensure that the motor fuel or biofuels meet the
37 14 requirements in section 214A.2.
37 15 Sec. 72. Section 216A.121, subsection 3, if enacted by
37 16 2007 Iowa Acts, House File 826, section 1, is amended to read
37 17 as follows:
37 18 3. MEMBERSHIP.
37 19 a. The commission shall consist of twenty=one twenty=two
37 20 members, including seventeen eighteen voting members and four
37 21 nonvoting members.
37 22 (1) The voting members shall be as follows:
37 23 (a) The governor or the governor's designee.
37 24 (b) One member, appointed by the governor, who is an Iowa
37 25 designated representative to the federal Abraham Lincoln
37 26 bicentennial commission governors' council.
37 27 (c) One member appointed by the president of Humanities
37 28 Iowa.
37 29 (d) One member appointed by the director of the department
37 30 of economic development.
37 31 (e) One member appointed by the administrator of the state
37 32 historical society of Iowa.
37 33 (f) One member appointed by the executive director of the
37 34 Iowa arts council.
37 35 (g) One member appointed by the executive director of the
38 1 Iowa museum society.
38 2 (h) One member appointed by the president of the league of
38 3 Iowa human rights agencies.
38 4 (i) One member appointed by the president of the Iowa
38 5 league of cities.
38 6 (ii) One member appointed by the executive director of the
38 7 Iowa state association of counties.
38 8 (j) One member appointed by the director of the department
38 9 of education.
38 10 (k) One member appointed by the chairperson of the state
38 11 board of regents.
38 12 (l) One member appointed by the president of the Iowa
38 13 library board.
38 14 (m) One member appointed by the chairperson of the Iowa
38 15 state chapter of the national association for the advancement
38 16 of colored people.
38 17 (n) Four public members, appointed by the governor, with a
38 18 demonstrated interest in history and substantial knowledge and
38 19 appreciation of Abraham Lincoln.
38 20 (2) The nonvoting members shall be two state
38 21 representatives, one appointed by the speaker of the house of
38 22 representatives and one by the minority leader of the house,
38 23 and two state senators, one appointed by the majority leader
38 24 of the senate and one by the minority leader of the senate.
38 25 b. Nine Ten voting members of the board shall constitute a
38 26 quorum. Persons making appointments shall consult with one
38 27 another to ensure that the commission is balanced by gender,
38 28 political affiliation, and geographic location, and to ensure
38 29 selection of members representing diverse interest groups.
38 30 The provisions of chapters 21 and 22 shall apply to meetings
38 31 and records of the commission.
38 32 c. The commission shall elect a chairperson and vice
38 33 chairperson from the members of the commission. Commission
38 34 members shall serve without compensation, but shall be
38 35 reimbursed for actual and necessary expenses.
39 1 Sec. 73. Section 237A.13, Code 2007, is amended by adding
39 2 the following new subsection:
39 3 NEW SUBSECTION. 3A. The department's billing and payment
39 4 provisions for the program shall allow providers to elect
39 5 either biweekly or monthly billing and payment for child care
39 6 provided under the program. The department shall remit
39 7 payment to a provider within ten business days of receiving a
39 8 bill or claim for services provided. However, if the
39 9 department determines that a bill has an error or omission,
39 10 the department shall notify the provider of the error or
39 11 omission and identify any correction needed before issuance of
39 12 payment to the provider. The department shall provide the
39 13 notice within five business days of receiving the billing from
39 14 the provider and shall remit payment to the provider within
39 15 ten business days of receiving the corrected billing.
39 16 Sec. 74. Section 272.27, Code 2007, is amended to read as
39 17 follows:
39 18 272.27 STUDENT TEACHING EDUCATOR LICENSURE EXPERIENCES.
39 19 If the rules adopted by the board of educational examiners
39 20 for issuance of any type or class of license require an
39 21 applicant to complete work in student teaching, prestudent
39 22 teaching experiences, field experiences, practicums, clinics,
39 23 or internships, an accredited college or university located
39 24 within the state of Iowa and states conterminous with Iowa may
39 25 offer a program or programs of teacher education approved by
39 26 the director of the department of education or the appropriate
39 27 authority in states conterminous with Iowa by entering into a
39 28 written contract with any accredited school district or
39 29 private school, or any accredited or licensed private school
39 30 or education agency under terms and conditions as agreed upon
39 31 by the contracting parties. Students actually teaching
39 32 engaged in preservice licensure activities in a school
39 33 district under the terms of such a contract are entitled to
39 34 the same protection, under section 670.8, as is afforded by
39 35 that section to officers and employees of the school district,
40 1 during the time they are so assigned.
40 2 Sec. 75. Section 303.1, Code 2007, is amended by adding
40 3 the following new subsection:
40 4 NEW SUBSECTION. 7. The department may develop and
40 5 implement fee=based educational programming opportunities,
40 6 including preschool programs, related to arts, history, and
40 7 other cultural matters for Iowans of all ages.
40 8 Sec. 76. Section 321.20B, subsection 2, paragraph b, Code
40 9 2007, is amended to read as follows:
40 10 b. The insurance division and the department, as
40 11 appropriate, shall adopt rules regarding the contents of a
40 12 financial liability coverage card to be issued pursuant to
40 13 this section.
40 14 (1) Notwithstanding the provisions of this section, a
40 15 fleet owner who is issued a certificate of self=insurance
40 16 pursuant to section 321A.34, subsection 1, is not required to
40 17 maintain in each vehicle a financial liability coverage card
40 18 with the individual registration number or the vehicle
40 19 identification number of the vehicle included on the card.
40 20 Such fleet owner shall be required to maintain a financial
40 21 liability coverage card in each vehicle in the fleet including
40 22 information deemed appropriate by the commissioner of
40 23 insurance or the director, as applicable.
40 24 (2) An association of individual members that is issued a
40 25 certificate of self=insurance pursuant to section 321A.34,
40 26 subsection 2, is required to maintain in each vehicle of an
40 27 individual member a financial liability coverage card that
40 28 complies with the provisions of this section and in addition
40 29 contains information relating to the association and the
40 30 association's certificate of self=insurance as is deemed
40 31 appropriate by the director.
40 32 Sec. 77. Section 321A.34, subsections 1 and 2, Code 2007,
40 33 are amended to read as follows:
40 34 1. a. Any person in whose name more than twenty=five
40 35 motor vehicles are registered may qualify as a self=insurer by
41 1 obtaining a certificate of self=insurance issued by the
41 2 department as provided in subsection 2 of this section
41 3 paragraph "b".
41 4 2. b. The department may, upon the application of such a
41 5 person, issue a certificate of self=insurance if the
41 6 department is satisfied that the person has and will continue
41 7 to have the ability to pay judgments obtained against the
41 8 person for damages arising out of the ownership, maintenance,
41 9 or use of any vehicle owned by the person. A person issued a
41 10 certificate of self=insurance pursuant to this section
41 11 subsection shall maintain a financial liability coverage card
41 12 as provided in section 321.20B, subsection 2, paragraph "b",
41 13 subparagraph (1).
41 14 2. a. Any association of individual members that is a
41 15 legal entity with the power to sue and be sued in its own name
41 16 and which is composed of individual members in whose names a
41 17 total of more than twenty=five motor vehicles are registered,
41 18 may qualify as a self=insurer by obtaining a certificate of
41 19 insurance issued by the department as provided in paragraph
41 20 "b".
41 21 b. The department may, upon the application of such an
41 22 association, issue a certificate of self=insurance if the
41 23 department is satisfied that the association has and will
41 24 continue to have the ability to pay judgments obtained against
41 25 the association or against an individual member of the
41 26 association for damages arising out of the ownership,
41 27 maintenance, or use of any vehicle owned by an individual
41 28 member of the association. An association issued a
41 29 certificate of self=insurance pursuant to this paragraph shall
41 30 maintain a financial liability coverage card as provided in
41 31 section 321.20B, subsection 2, paragraph "b", subparagraph
41 32 (2).
41 33 Sec. 78. Section 388.2, unnumbered paragraph 2, Code 2007,
41 34 is amended to read as follows:
41 35 The Upon the council's own motion, the proposal may be
42 1 submitted to the voters at any the general election, the
42 2 regular city election by the council on its own motion, or at
42 3 a special election called for that purpose. Upon receipt of a
42 4 valid petition as defined in section 362.4, requesting that a
42 5 proposal be submitted to the voters, the council shall submit
42 6 the proposal at the next regular city election.
42 7 Sec. 79. Section 388.2, Code 2007, is amended by adding
42 8 the following new unnumbered paragraph after unnumbered
42 9 paragraph 2:
42 10 NEW UNNUMBERED PARAGRAPH. If the special election is to
42 11 establish a gas or electric utility pursuant to this section,
42 12 or if such a proposal is to be included on the ballot at the
42 13 regular city or general election, the mayor or council shall
42 14 give notice as required by section 376.1 to the county
42 15 commissioner of elections and to any utility whose property
42 16 would be affected by such election not less than sixty days
42 17 before the proposed date of the special, regular city, or
42 18 general election.
42 19 Sec. 80. Section 404A.4, subsection 4, Code 2007, is
42 20 amended to read as follows:
42 21 4. The total amount of tax credits that may be approved
42 22 for a fiscal year under this chapter shall not exceed two six
42 23 million four hundred thousand dollars. For the fiscal period
42 24 beginning July 1, 2005, and ending June 30, 2015, an
42 25 additional four million dollars of tax credits may be approved
42 26 each fiscal year for purposes of projects located in cultural
42 27 and entertainment districts certified pursuant to section
42 28 303.3B. Any of the additional tax credits allocated for
42 29 projects located in certified cultural and entertainment
42 30 districts that are not approved during a fiscal year shall be
42 31 applied to reserved tax credits issued in accordance with
42 32 section 404A.3 in order of original reservation. The
42 33 department of cultural affairs shall establish by rule the
42 34 procedures for the application, review, selection, and
42 35 awarding of certifications of completion. The departments of
43 1 economic development, cultural affairs, and revenue shall each
43 2 adopt rules to jointly administer this subsection and shall
43 3 provide by rule for the method to be used to determine for
43 4 which fiscal year the tax credits are available. With the
43 5 exception of tax credits issued pursuant to contracts entered
43 6 into prior to July 1, 2005, tax credits shall not be reserved
43 7 for more than five years.
43 8 Sec. 81. Section 463C.17, Code 2007, is amended to read as
43 9 follows:
43 10 463C.17 EXEMPTION FROM COMPETITIVE BID LAWS.
43 11 The authority, the department, and their agents and
43 12 contracts entered into by the authority, the department, and
43 13 their agents, in carrying out its public and essential
43 14 governmental functions are exempt from the laws of the state
43 15 which provide for competitive bids, term=length, and hearings
43 16 in connection with contracts, except as provided in section
43 17 12.30. However, the exemption from competitive bid laws in
43 18 this section shall not be construed to apply to contracts for
43 19 the development of the park or the development or construction
43 20 of facilities in the park, including, but not limited to,
43 21 lodges, campgrounds, cabins, and golf courses.
43 22 Sec. 82. Section 717F.1, subsection 3, paragraph b, if
43 23 enacted by 2007 Iowa Acts, Senate File 564, section 1, is
43 24 amended to read as follows:
43 25 b. "Circus" does not include a person, regardless of
43 26 whether the person is a holder of a class "C" license as
43 27 provided in paragraph "a", who does any of the following:
43 28 (1) Keeps a dangerous wild animal which is a member of the
43 29 order carnivora within the family felidae or the family
43 30 ursidae, as described in this section.
43 31 (2) Uses the uses a dangerous wild animal for any of the
43 32 following purposes:
43 33 (a) (1) A presentation to children at a public or
43 34 nonpublic school as defined in section 280.2.
43 35 (b) (2) Entertainment that involves an activity in which
44 1 a member of the public is in close proximity to the dangerous
44 2 wild animal, including but not limited to a contest or a
44 3 photographic opportunity.
44 4 Sec. 83. Section 717F.7, subsection 3, if enacted by 2007
44 5 Iowa Acts, Senate File 564, section 7, is amended by striking
44 6 the subsection.
44 7 Sec. 84. 2007 Iowa Acts, Senate File 403, section 5, if
44 8 enacted, is repealed.
44 9 Sec. 85. EFFECTIVE DATE. The section of this division of
44 10 this Act amending section 28D.3, subsection 4, being deemed of
44 11 immediate importance, takes effect upon enactment.
44 12 DIVISION VI
44 13 ELDER SERVICES
44 14 Sec. 86. Section 231B.1, subsection 1, Code 2007, is
44 15 amended to read as follows:
44 16 1. "Department" means the department of elder affairs
44 17 inspections and appeals or the department's designee.
44 18 Sec. 87. Section 231B.1A, subsection 3, Code 2007, is
44 19 amended by striking the subsection.
44 20 Sec. 88. Section 231B.2, subsection 1, unnumbered
44 21 paragraph 1, Code 2007, is amended to read as follows:
44 22 The department shall establish by rule, in accordance with
44 23 chapter 17A, minimum standards for certification and
44 24 monitoring of elder group homes. The department may adopt by
44 25 reference, with or without amendment, nationally recognized
44 26 standards and rules for elder group homes. The standards and
44 27 rules shall be formulated in consultation with the department
44 28 of inspections and appeals affected state agencies and
44 29 affected industry, professional, and consumer groups,; shall
44 30 be designed to accomplish the purposes of this chapter,; and
44 31 shall include but not be limited to rules relating to all of
44 32 the following:
44 33 Sec. 89. Section 231B.2, subsection 1, paragraph b, Code
44 34 2007, is amended to read as follows:
44 35 b. Requirements that elder group homes furnish the
45 1 department of elder affairs and the department of inspections
45 2 and appeals with specified information necessary to administer
45 3 this chapter. All information related to the provider
45 4 application for an elder group home presented to either the
45 5 department of inspections and appeals or the department of
45 6 elder affairs shall be considered a public record pursuant to
45 7 chapter 22.
45 8 Sec. 90. Section 231B.2, subsection 2, Code 2007, is
45 9 amended to read as follows:
45 10 2. Each elder group home operating in this state shall be
45 11 certified by the department of inspections and appeals.
45 12 Sec. 91. Section 231B.2, subsection 5, unnumbered
45 13 paragraph 1, Code 2007, is amended to read as follows:
45 14 The department of inspections and appeals may enter into
45 15 contracts to provide certification and monitoring of elder
45 16 group homes. The department of inspections and appeals shall:
45 17 Sec. 92. Section 231B.2, subsection 6, 7, 9, and 10, Code
45 18 2007, are amended to read as follows:
45 19 6. A department, agency, or officer of this state or of
45 20 any governmental unit shall not pay or approve for payment
45 21 from public funds any amount to an elder group home for an
45 22 actual or prospective tenant, unless the program holds a
45 23 current certificate issued by the department of inspections
45 24 and appeals and meets all current requirements for
45 25 certification.
45 26 7. The department shall adopt rules regarding the
45 27 conducting or operating of another business or activity in the
45 28 distinct part of the physical structure in which the elder
45 29 group home is operated, if the business or activity serves
45 30 persons who are not tenants. The rules shall be developed in
45 31 consultation with the department of inspections and appeals
45 32 affected state agencies and affected industry, professional,
45 33 and consumer groups.
45 34 9. The department of elder affairs and the department of
45 35 inspections and appeals shall conduct joint training sessions
46 1 for personnel responsible for conducting monitoring
46 2 evaluations and complaint investigations of elder group homes.
46 3 10. Certification shall be for two years unless revoked
46 4 for good cause by the department of inspections and appeals.
46 5 Sec. 93. Section 231B.3, subsection 2, Code 2007, is
46 6 amended to read as follows:
46 7 2. A person who has knowledge that an elder group home is
46 8 operating without certification shall report the name and
46 9 address of the home to the department of inspections and
46 10 appeals. The department of inspections and appeals shall
46 11 investigate a report made pursuant to this section.
46 12 Sec. 94. Section 231B.4, Code 2007, is amended to read as
46 13 follows:
46 14 231B.4 ZONING == FIRE AND SAFETY STANDARDS.
46 15 An elder group home shall be located in an area zoned for
46 16 single=family or multiple=family housing or in an
46 17 unincorporated area and shall be constructed in compliance
46 18 with applicable local housing codes and the rules adopted for
46 19 the special classification by the state fire marshal. In the
46 20 absence of local building codes, the facility shall comply
46 21 with the state plumbing code established pursuant to section
46 22 135.11 and the state building code established pursuant to
46 23 section 103A.7 and the rules adopted for the special
46 24 classification by the state fire marshal. The rules adopted
46 25 for the special classification by the state fire marshal
46 26 regarding second floor occupancy shall be adopted in
46 27 consultation with the department of elder affairs and shall
46 28 take into consideration the mobility of the tenants.
46 29 Sec. 95. Section 231B.5, subsection 3, Code 2007, is
46 30 amended to read as follows:
46 31 3. Occupancy agreements and related documents executed by
46 32 each tenant or tenant's legal representative shall be
46 33 maintained by the elder group home from the date of execution
46 34 until three years from the date the occupancy agreement is
46 35 terminated. A copy of the most current occupancy agreement
47 1 shall be provided to members of the general public, upon
47 2 request. Occupancy agreements and related documents shall be
47 3 made available for on=site inspection to the department of
47 4 inspections and appeals upon request and at reasonable times.
47 5 Sec. 96. Section 231B.6, subsection 1, unnumbered
47 6 paragraph 1, Code 2007, is amended to read as follows:
47 7 If an elder group home initiates the involuntary transfer
47 8 of a tenant and the action is not a result of a monitoring
47 9 evaluation or complaint investigation by the department of
47 10 inspections and appeals, and if the tenant or tenant's legal
47 11 representative contests the transfer, the following procedure
47 12 shall apply:
47 13 Sec. 97. Section 231B.6, subsection 2, Code 2007, is
47 14 amended to read as follows:
47 15 2. The department, in consultation with the department of
47 16 inspections and appeals affected state agencies and affected
47 17 industry, professional, and consumer groups, shall establish
47 18 by rule, in accordance with chapter 17A, procedures to be
47 19 followed, including the opportunity for hearing, when the
47 20 transfer of a tenant results from a monitoring evaluation or
47 21 complaint investigation conducted by the department of
47 22 inspections and appeals.
47 23 Sec. 98. Section 231B.7, Code 2007, is amended to read as
47 24 follows:
47 25 231B.7 COMPLAINTS.
47 26 1. Any person with concerns regarding the operations or
47 27 service delivery of an elder group home may file a complaint
47 28 with the department of inspections and appeals. The name of
47 29 the person who files a complaint with the department of
47 30 inspections and appeals and any personal identifying
47 31 information of the person or any tenant identified in the
47 32 complaint shall be kept confidential and shall not be subject
47 33 to discovery, subpoena, or other means of legal compulsion for
47 34 its release to a person other than department of inspections
47 35 and appeals' employees involved with the complaint.
48 1 2. The department, in cooperation with the department of
48 2 inspections and appeals, shall establish procedures for the
48 3 disposition of complaints received in accordance with this
48 4 section.
48 5 Sec. 99. Section 231B.8, Code 2007, is amended to read as
48 6 follows:
48 7 231B.8 INFORMAL REVIEW.
48 8 1. If an elder group home contests the findings of
48 9 regulatory insufficiencies of a monitoring evaluation or
48 10 complaint investigation, the program shall submit written
48 11 information, demonstrating that the program was in compliance
48 12 with the applicable requirement at the time of the monitoring
48 13 evaluation or complaint investigation of the regulatory
48 14 insufficiencies, to the department of inspections and appeals
48 15 for review.
48 16 2. The department of inspections and appeals shall review
48 17 the written information submitted within ten working days of
48 18 the receipt of the information. At the conclusion of the
48 19 review, the department of inspections and appeals may affirm,
48 20 modify, or dismiss the regulatory insufficiencies. The
48 21 department of inspections and appeals shall notify the program
48 22 in writing of the decision to affirm, modify, or dismiss the
48 23 regulatory insufficiencies, and the reasons for the decision.
48 24 3. In the case of a complaint investigation, the
48 25 department of inspections and appeals shall also notify the
48 26 complainant, if known, of the decision and the reasons for the
48 27 decision.
48 28 Sec. 100. Section 231B.9, Code 2007, is amended to read as
48 29 follows:
48 30 231B.9 PUBLIC DISCLOSURE OF FINDINGS.
48 31 Upon completion of a monitoring evaluation or complaint
48 32 investigation of an elder group home by the department of
48 33 inspections and appeals pursuant to this chapter, including
48 34 the conclusion of all administrative appeals processes, the
48 35 department of inspections and appeals' department's final
49 1 findings with respect to compliance by the elder group home
49 2 with requirements for certification shall be made available to
49 3 the public in a readily available form and place. Other
49 4 information relating to an elder group home that is obtained
49 5 by the department of inspections and appeals which does not
49 6 constitute the department of inspections and appeals'
49 7 department's final findings from a monitoring evaluation or
49 8 complaint investigation of the elder group home shall be made
49 9 available to the department of elder affairs upon request to
49 10 facilitate policy decisions, but shall not be made available
49 11 to the public except in proceedings involving the denial,
49 12 suspension, or revocation of a certificate under this chapter.
49 13 Sec. 101. Section 231B.10, subsection 1, unnumbered
49 14 paragraph 1, Code 2007, is amended to read as follows:
49 15 The department of inspections and appeals may deny,
49 16 suspend, or revoke a certificate in any case where the
49 17 department of inspections and appeals finds that there has
49 18 been a substantial or repeated failure on the part of the
49 19 elder group home to comply with this chapter or minimum
49 20 standards adopted under this chapter or for any of the
49 21 following reasons:
49 22 Sec. 102. Section 231B.10, subsection 2, Code 2007, is
49 23 amended to read as follows:
49 24 2. The department of inspections and appeals may as an
49 25 alternative to denial, suspension, or revocation conditionally
49 26 issue or continue a certificate dependent upon the performance
49 27 by the elder group home of reasonable conditions within a
49 28 reasonable period of time as set by the department of
49 29 inspections and appeals so as to permit the program to
49 30 commence or continue the operation of the elder group home
49 31 pending full compliance with this chapter or the rules adopted
49 32 pursuant to this chapter. If the elder group home does not
49 33 make diligent efforts to comply with the conditions
49 34 prescribed, the department of inspections and appeals may,
49 35 under the proceedings prescribed by this chapter, deny,
50 1 suspend, or revoke the certificate. An elder group home shall
50 2 not be operated on a conditional certificate for more than one
50 3 year.
50 4 Sec. 103. Section 231B.11, Code 2007, is amended to read
50 5 as follows:
50 6 231B.11 NOTICE == APPEAL == EMERGENCY PROVISIONS.
50 7 1. The denial, suspension, or revocation of a certificate
50 8 shall be effected by delivering to the applicant or
50 9 certificate holder by restricted certified mail or by personal
50 10 service a notice setting forth the particular reasons for such
50 11 action. Such denial, suspension, or revocation shall become
50 12 effective thirty days after the mailing or service of the
50 13 notice, unless the applicant or certificate holder, within
50 14 such thirty=day period, requests a hearing, in writing, of the
50 15 department of inspections and appeals, in which case the
50 16 notice shall be deemed to be suspended.
50 17 2. The denial, suspension, or revocation of a certificate
50 18 may be appealed in accordance with rules adopted by the
50 19 department of inspections and appeals in accordance with
50 20 chapter 17A.
50 21 3. When the department of inspections and appeals finds
50 22 that an imminent danger to the health or safety of a tenant of
50 23 an elder group home exists which requires action on an
50 24 emergency basis, the department of inspections and appeals may
50 25 direct removal of all tenants of the elder group home and
50 26 suspend the certificate prior to a hearing.
50 27 Sec. 104. Section 231B.12, Code 2007, is amended to read
50 28 as follows:
50 29 231B.12 DEPARTMENT NOTIFIED OF CASUALTIES.
50 30 The department of inspections and appeals shall be notified
50 31 within twenty=four hours, by the most expeditious means
50 32 available, of any accident causing substantial injury or death
50 33 to a tenant, and any substantial fire or natural or other
50 34 disaster occurring at or near an elder group home.
50 35 Sec. 105. Section 231B.13, Code 2007, is amended to read
51 1 as follows:
51 2 231B.13 RETALIATION BY ELDER GROUP HOME PROHIBITED.
51 3 An elder group home shall not discriminate or retaliate in
51 4 any way against a tenant, a tenant's family, or an employee of
51 5 the elder group home who has initiated or participated in any
51 6 proceeding authorized by this chapter. An elder group home
51 7 that violates this section is subject to a penalty as
51 8 established by administrative rule in accordance with chapter
51 9 17A, to be assessed and collected by the department of
51 10 inspections and appeals, paid into the state treasury, and
51 11 credited to the general fund of the state.
51 12 Sec. 106. Section 231B.14, subsection 2, Code 2007, is
51 13 amended to read as follows:
51 14 2. Following receipt of notice from the department of
51 15 inspections and appeals, continued failure or refusal to
51 16 comply within a prescribed time frame with regulatory
51 17 requirements that have a direct relationship to the health,
51 18 safety, or security of elder group home tenants.
51 19 Sec. 107. Section 231B.14, subsection 3, unnumbered
51 20 paragraph 1, Code 2007, is amended to read as follows:
51 21 Preventing or interfering with or attempting to impede in
51 22 any way any duly authorized representative of the department
51 23 of inspections and appeals in the lawful enforcement of this
51 24 chapter or of the rules adopted pursuant to this chapter. As
51 25 used in this subsection, "lawful enforcement" includes but is
51 26 not limited to:
51 27 Sec. 108. Section 231B.15, Code 2007, is amended to read
51 28 as follows:
51 29 231B.15 CRIMINAL PENALTIES AND INJUNCTIVE RELIEF.
51 30 A person establishing, conducting, managing, or operating
51 31 an elder group home without a certificate is guilty of a
51 32 serious misdemeanor. Each day of continuing violation after
51 33 conviction or notice from the department of inspections and
51 34 appeals by certified mail of a violation shall be considered a
51 35 separate offense. A person establishing, conducting,
52 1 managing, or operating an elder group home without a
52 2 certificate may be temporarily or permanently restrained by a
52 3 court of competent jurisdiction from such activity in an
52 4 action brought by the state.
52 5 Sec. 109. Section 231B.17, subsection 1, Code 2007, is
52 6 amended to read as follows:
52 7 1. The department of inspections and appeals shall collect
52 8 elder group home certification and related fees. Fees
52 9 collected and retained pursuant to this section shall be
52 10 deposited in the general fund of the state.
52 11 Sec. 110. Section 231B.20, Code 2007, is amended to read
52 12 as follows:
52 13 231B.20 NURSING ASSISTANT AND MEDICATION AIDE ==
52 14 CERTIFICATION.
52 15 The department of inspections and appeals, in cooperation
52 16 with other appropriate agencies, shall establish a procedure
52 17 to allow nursing assistants or medication aides to claim work
52 18 within an elder group home as credit toward sustaining the
52 19 nursing assistant's or medication aide's certification.
52 20 Sec. 111. Section 231C.1, subsection 3, Code 2007, is
52 21 amended by striking the subsection and inserting in lieu
52 22 thereof the following:
52 23 3. It is the intent of the general assembly that the
52 24 department promote a social model for assisted living programs
52 25 and a consultative process to assist with compliance by
52 26 assisted living programs.
52 27 Sec. 112. Section 231C.2, subsection 3, Code 2007, is
52 28 amended to read as follows:
52 29 3. "Department" means the department of elder affairs
52 30 created in chapter 231 inspections and appeals or the
52 31 department's designee.
52 32 Sec. 113. Section 231C.3, subsection 1, unnumbered
52 33 paragraph 1, Code 2007, is amended to read as follows:
52 34 The department shall establish by rule in accordance with
52 35 chapter 17A minimum standards for certification and monitoring
53 1 of assisted living programs. The department may adopt by
53 2 reference with or without amendment, nationally recognized
53 3 standards and rules for assisted living programs. The rules
53 4 shall include specification of recognized accrediting entities
53 5 and provisions related to dementia=specific programs. The
53 6 standards and rules shall be formulated in consultation with
53 7 the department of inspections and appeals affected state
53 8 agencies and affected industry, professional, and consumer
53 9 groups,; shall be designed to accomplish the purposes of this
53 10 chapter,; and shall include but are not limited to rules
53 11 relating to all of the following:
53 12 Sec. 114. Section 231C.3, subsection 1, paragraph b, Code
53 13 2007, is amended to read as follows:
53 14 b. Requirements that assisted living programs furnish the
53 15 department of elder affairs and the department of inspections
53 16 and appeals with specified information necessary to administer
53 17 this chapter. All information related to a provider
53 18 application for an assisted living program submitted to either
53 19 the department of elder affairs or the department of
53 20 inspections and appeals shall be considered a public record
53 21 pursuant to chapter 22.
53 22 Sec. 115. Section 231C.3, subsection 2, Code 2007, is
53 23 amended to read as follows:
53 24 2. Each assisted living program operating in this state
53 25 shall be certified by the department of inspections and
53 26 appeals. If an assisted living program is voluntarily
53 27 accredited by a recognized accrediting entity, the department
53 28 of inspections and appeals shall certify the assisted living
53 29 program on the basis of the voluntary accreditation. An
53 30 assisted living program that is certified by the department of
53 31 inspections and appeals on the basis of voluntary
53 32 accreditation shall not be subject to payment of the
53 33 certification fee prescribed in section 231C.18, but shall be
53 34 subject to an administrative fee as prescribed by rule. An
53 35 assisted living program certified under this section is exempt
54 1 from the requirements of section 135.63 relating to
54 2 certificate of need requirements.
54 3 Sec. 116. Section 231C.3, subsection 5, unnumbered
54 4 paragraph 1, Code 2007, is amended to read as follows:
54 5 The department of inspections and appeals may enter into
54 6 contracts to provide certification and monitoring of assisted
54 7 living programs. The department of inspections and appeals
54 8 shall:
54 9 Sec. 117. Section 231C.3, subsections 6, 7, 8, 10, and 11,
54 10 Code 2007, are amended to read as follows:
54 11 6. The department may also establish by rule in accordance
54 12 with chapter 17A minimum standards for subsidized and
54 13 dementia=specific assisted living programs. The rules shall
54 14 be formulated in consultation with the department of
54 15 inspections and appeals affected state agencies and affected
54 16 industry, professional, and consumer groups.
54 17 7. A department, agency, or officer of this state or of
54 18 any governmental unit shall not pay or approve for payment
54 19 from public funds any amount to an assisted living program for
54 20 an actual or prospective tenant, unless the program holds a
54 21 current certificate issued by the department of inspections
54 22 and appeals and meets all current requirements for
54 23 certification.
54 24 8. The department shall adopt rules regarding the
54 25 conducting or operating of another business or activity in the
54 26 distinct part of the physical structure in which the assisted
54 27 living program is provided, if the business or activity serves
54 28 nontenants. The rules shall be developed in consultation with
54 29 the department of inspections and appeals affected state
54 30 agencies and affected industry, professional, and consumer
54 31 groups.
54 32 10. The department of elder affairs and the department of
54 33 inspections and appeals shall conduct joint training sessions
54 34 for personnel responsible for conducting monitoring
54 35 evaluations and complaint investigations of assisted living
55 1 programs.
55 2 11. Certification of an assisted living program shall be
55 3 for two years unless certification is revoked for good cause
55 4 by the department of inspections and appeals.
55 5 Sec. 118. Section 231C.4, Code 2007, is amended to read as
55 6 follows:
55 7 231C.4 FIRE AND SAFETY STANDARDS.
55 8 The state fire marshal shall adopt rules, in coordination
55 9 with the department of elder affairs and the department of
55 10 inspections and appeals, relating to the certification and
55 11 monitoring of the fire and safety standards of certified
55 12 assisted living programs.
55 13 Sec. 119. Section 231C.5, subsection 3, Code 2007, is
55 14 amended to read as follows:
55 15 3. Occupancy agreements and related documents executed by
55 16 each tenant or the tenant's legal representative shall be
55 17 maintained by the assisted living program in program files
55 18 from the date of execution until three years from the date the
55 19 occupancy agreement is terminated. A copy of the most current
55 20 occupancy agreement shall be provided to members of the
55 21 general public, upon request. Occupancy agreements and
55 22 related documents shall be made available for on=site
55 23 inspection to the department of inspections and appeals upon
55 24 request and at reasonable times.
55 25 Sec. 120. Section 231C.6, subsection 1, unnumbered
55 26 paragraph 1, Code 2007, is amended to read as follows:
55 27 If an assisted living program initiates the involuntary
55 28 transfer of a tenant and the action is not a result of a
55 29 monitoring evaluation or complaint investigation by the
55 30 department of inspections and appeals, and if the tenant or
55 31 the tenant's legal representative contests the transfer, the
55 32 following procedure shall apply:
55 33 Sec. 121. Section 231C.6, subsection 2, Code 2007, is
55 34 amended to read as follows:
55 35 2. The department, in consultation with the department of
56 1 inspections and appeals affected state agencies and affected
56 2 industry, professional, and consumer groups, shall establish,
56 3 by rule in accordance with chapter 17A, procedures to be
56 4 followed, including the opportunity for hearing, when the
56 5 transfer of a tenant results from a monitoring evaluation or
56 6 complaint investigation conducted by the department of
56 7 inspections and appeals.
56 8 Sec. 122. Section 231C.7, Code 2007, is amended to read as
56 9 follows:
56 10 231C.7 COMPLAINTS.
56 11 1. Any person with concerns regarding the operations or
56 12 service delivery of an assisted living program may file a
56 13 complaint with the department of inspections and appeals. The
56 14 name of the person who files a complaint with the department
56 15 of inspections and appeals and any personal identifying
56 16 information of the person or any tenant identified in the
56 17 complaint shall be kept confidential and shall not be subject
56 18 to discovery, subpoena, or other means of legal compulsion for
56 19 its release to a person other than department of inspections
56 20 and appeals' employees involved with the complaint.
56 21 2. The department, in cooperation with the department of
56 22 inspections and appeals, shall establish procedures for the
56 23 disposition of complaints received in accordance with this
56 24 section.
56 25 Sec. 123. Section 231C.8, Code 2007, is amended to read as
56 26 follows:
56 27 231C.8 INFORMAL REVIEW.
56 28 1. If an assisted living program contests the regulatory
56 29 insufficiencies of a monitoring evaluation or complaint
56 30 investigation, the program shall submit written information,
56 31 demonstrating that the program was in compliance with the
56 32 applicable requirement at the time of the monitoring
56 33 evaluation or complaint investigation, in support of the
56 34 contesting of the regulatory insufficiencies, to the
56 35 department of inspections and appeals for review.
57 1 2. The department of inspections and appeals shall review
57 2 the written information submitted within ten working days of
57 3 the receipt of the information. At the conclusion of the
57 4 review, the department of inspections and appeals may affirm,
57 5 modify, or dismiss the regulatory insufficiencies. The
57 6 department of inspections and appeals shall notify the program
57 7 in writing of the decision to affirm, modify, or dismiss the
57 8 regulatory insufficiencies, and the reasons for the decision.
57 9 3. In the case of a complaint investigation, the
57 10 department of inspections and appeals shall also notify the
57 11 complainant, if known, of the decision and the reasons for the
57 12 decision.
57 13 Sec. 124. Section 231C.9, Code 2007, is amended to read as
57 14 follows:
57 15 231C.9 PUBLIC DISCLOSURE OF FINDINGS.
57 16 Upon completion of a monitoring evaluation or complaint
57 17 investigation of an assisted living program by the department
57 18 of inspections and appeals pursuant to this chapter, including
57 19 the conclusion of all administrative appeals processes, the
57 20 department of inspections and appeals' department's final
57 21 findings with respect to compliance by the assisted living
57 22 program with requirements for certification shall be made
57 23 available to the public in a readily available form and place.
57 24 Other information relating to an assisted living program that
57 25 is obtained by the department of inspections and appeals which
57 26 does not constitute the department of inspections and appeals'
57 27 department's final findings from a monitoring evaluation or
57 28 complaint investigation of the assisted living program shall
57 29 be made available to the department of elder affairs upon
57 30 request in order to facilitate policy decisions, but shall not
57 31 be made available to the public except in proceedings
57 32 involving the denial, suspension, or revocation of a
57 33 certificate under this chapter.
57 34 Sec. 125. Section 231C.10, subsection 1, unnumbered
57 35 paragraph 1, Code 2007, is amended to read as follows:
58 1 The department of inspections and appeals may deny,
58 2 suspend, or revoke a certificate in any case where the
58 3 department of inspections and appeals finds that there has
58 4 been a substantial or repeated failure on the part of the
58 5 assisted living program to comply with this chapter or the
58 6 rules, or minimum standards adopted under this chapter, or for
58 7 any of the following reasons:
58 8 Sec. 126. Section 231C.10, subsection 2, Code 2007, is
58 9 amended to read as follows:
58 10 2. The department of inspections and appeals may as an
58 11 alternative to denial, suspension, or revocation conditionally
58 12 issue or continue a certificate dependent upon the performance
58 13 by the assisted living program of reasonable conditions within
58 14 a reasonable period of time as set by the department of
58 15 inspections and appeals so as to permit the program to
58 16 commence or continue the operation of the program pending full
58 17 compliance with this chapter or the rules adopted pursuant to
58 18 this chapter. If the assisted living program does not make
58 19 diligent efforts to comply with the conditions prescribed, the
58 20 department of inspections and appeals may, under the
58 21 proceedings prescribed by this chapter, suspend, or revoke the
58 22 certificate. An assisted living program shall not be operated
58 23 on a conditional certificate for more than one year.
58 24 Sec. 127. Section 231C.11, Code 2007, is amended to read
58 25 as follows:
58 26 231C.11 NOTICE == APPEAL == EMERGENCY PROVISIONS.
58 27 1. The denial, suspension, or revocation of a certificate
58 28 shall be effected by delivering to the applicant or
58 29 certificate holder by restricted certified mail or by personal
58 30 service a notice setting forth the particular reasons for such
58 31 action. Such denial, suspension, or revocation shall become
58 32 effective thirty days after the mailing or service of the
58 33 notice, unless the applicant or certificate holder, within
58 34 such thirty=day period, requests a hearing, in writing, of the
58 35 department of inspections and appeals, in which case the
59 1 notice shall be deemed to be suspended.
59 2 2. The denial, suspension, or revocation of a certificate
59 3 may be appealed in accordance with rules adopted by the
59 4 department of inspections and appeals in accordance with
59 5 chapter 17A.
59 6 3. When the department of inspections and appeals finds
59 7 that an imminent danger to the health or safety of tenants of
59 8 an assisted living program exists which requires action on an
59 9 emergency basis, the department of inspections and appeals may
59 10 direct removal of all tenants of an assisted living program
59 11 and suspend the certificate prior to a hearing.
59 12 Sec. 128. Section 231C.12, Code 2007, is amended to read
59 13 as follows:
59 14 231C.12 DEPARTMENT NOTIFIED OF CASUALTIES.
59 15 The department of inspections and appeals shall be notified
59 16 within twenty=four hours, by the most expeditious means
59 17 available, of any accident causing substantial injury or
59 18 death, and any substantial fire or natural or other disaster
59 19 occurring at or near an assisted living program.
59 20 Sec. 129. Section 231C.13, Code 2007, is amended to read
59 21 as follows:
59 22 231C.13 RETALIATION BY ASSISTED LIVING PROGRAM PROHIBITED.
59 23 An assisted living program shall not discriminate or
59 24 retaliate in any way against a tenant, tenant's family, or an
59 25 employee of the program who has initiated or participated in
59 26 any proceeding authorized by this chapter. An assisted living
59 27 program that violates this section is subject to a penalty as
59 28 established by administrative rule in accordance with chapter
59 29 17A, to be assessed and collected by the department of
59 30 inspections and appeals, paid into the state treasury, and
59 31 credited to the general fund of the state.
59 32 Sec. 130. Section 231C.14, subsection 2, Code 2007, is
59 33 amended to read as follows:
59 34 2. Following receipt of notice from the department of
59 35 inspections and appeals, continued failure or refusal to
60 1 comply within a prescribed time frame with regulatory
60 2 requirements that have a direct relationship to the health,
60 3 safety, or security of program tenants.
60 4 Sec. 131. Section 231C.14, subsection 3, unnumbered
60 5 paragraph 1, Code 2007, is amended to read as follows:
60 6 Preventing or interfering with or attempting to impede in
60 7 any way any duly authorized representative of the department
60 8 of inspections and appeals in the lawful enforcement of this
60 9 chapter or of the rules adopted pursuant to this chapter. As
60 10 used in this subsection, "lawful enforcement" includes but is
60 11 not limited to:
60 12 Sec. 132. Section 231C.15, Code 2007, is amended to read
60 13 as follows:
60 14 231C.15 CRIMINAL PENALTIES AND INJUNCTIVE RELIEF.
60 15 A person establishing, conducting, managing, or operating
60 16 any assisted living program without a certificate is guilty of
60 17 a serious misdemeanor. Each day of continuing violation after
60 18 conviction or notice from the department of inspections and
60 19 appeals by certified mail of a violation shall be considered a
60 20 separate offense or chargeable offense. A person
60 21 establishing, conducting, managing, or operating an assisted
60 22 living program without a certificate may be temporarily or
60 23 permanently restrained by a court of competent jurisdiction
60 24 from such activity in an action brought by the state.
60 25 Sec. 133. Section 231C.16, Code 2007, is amended to read
60 26 as follows:
60 27 231C.16 NURSING ASSISTANT AND MEDICATION AIDE ==
60 28 CERTIFICATION.
60 29 The department of inspections and appeals, in cooperation
60 30 with other appropriate agencies, shall establish a procedure
60 31 to allow nursing assistants or medication aides to claim work
60 32 within an assisted living program as credit toward sustaining
60 33 the nursing assistant's or medication aide's certification.
60 34 Sec. 134. Section 231C.18, subsection 1, Code 2007, is
60 35 amended to read as follows:
61 1 1. The department of inspections and appeals shall collect
61 2 assisted living program certification and related fees. An
61 3 assisted living program that is certified by the department of
61 4 inspections and appeals on the basis of voluntary
61 5 accreditation by a recognized accrediting entity shall not be
61 6 subject to payment of the certification fee, but shall be
61 7 subject to an administrative fee as prescribed by rule. Fees
61 8 collected and retained pursuant to this section shall be
61 9 deposited in the general fund of the state.
61 10 Sec. 135. Section 231D.1, subsection 3, Code 2007, is
61 11 amended to read as follows:
61 12 3. "Department" means the department of elder affairs
61 13 created in chapter 231 inspections and appeals.
61 14 Sec. 136. Section 231D.2, subsection 2, Code 2007, is
61 15 amended by striking the subsection.
61 16 Sec. 137. Section 231D.2, subsections 3 and 4, Code 2007,
61 17 are amended to read as follows:
61 18 3. The department shall establish, by rule in accordance
61 19 with chapter 17A, a program for certification and monitoring
61 20 of and complaint investigations related to adult day services
61 21 programs. The department, in establishing minimum standards
61 22 for adult day services programs, may adopt by rule in
61 23 accordance with chapter 17A, nationally recognized standards
61 24 for adult day services programs. The rules shall include
61 25 specification of recognized accrediting entities. The rules
61 26 shall include a requirement that sufficient staffing be
61 27 available at all times to fully meet a participant's
61 28 identified needs. The rules shall include a requirement that
61 29 no fewer than two staff persons who monitor participants as
61 30 indicated in each participant's service plan shall be awake
61 31 and on duty during the hours of operation when two or more
61 32 participants are present. The rules and minimum standards
61 33 adopted shall be formulated in consultation with the
61 34 department of inspections and appeals affected state agencies
61 35 and affected industry, professional, and consumer groups and
62 1 shall be designed to accomplish the purpose of this chapter.
62 2 4. The department may establish by administrative rule, in
62 3 accordance with chapter 17A, specific rules related to minimum
62 4 standards for dementia=specific adult day services programs.
62 5 The rules shall be formulated in consultation with the
62 6 department of inspections and appeals affected state agencies
62 7 and affected industry, professional, and consumer groups.
62 8 Sec. 138. Section 231D.3, subsections 1, 3, 4, 5, 6, and
62 9 7, Code 2007, are amended to read as follows:
62 10 1. A person or governmental unit acting severally or
62 11 jointly with any other person or governmental unit shall not
62 12 establish or operate an adult day services program and shall
62 13 not represent an adult day services program to the public as
62 14 certified unless and until the program is certified pursuant
62 15 to this chapter. If an adult day services program is
62 16 voluntarily accredited by a recognized accrediting entity with
62 17 specific adult day services standards, the department of
62 18 inspections and appeals shall accept voluntary accreditation
62 19 as the basis for certification by the department. The owner
62 20 or manager of a certified adult day services program shall
62 21 comply with the rules adopted by the department for an adult
62 22 day services program.
62 23 3. An adult day services program that has been certified
62 24 by the department of inspections and appeals shall not alter
62 25 the program, operation, or adult day services for which the
62 26 program is certified in a manner that affects continuing
62 27 certification without prior approval of the department of
62 28 inspections and appeals. The department of inspections and
62 29 appeals shall specify, by rule, alterations that are subject
62 30 to prior approval.
62 31 4. A department, agency, or officer of this state or of
62 32 any governmental unit shall not pay or approve for payment
62 33 from public funds any amount to an adult day services program
62 34 for an actual or prospective participant, unless the program
62 35 holds a current certificate issued by the department of
63 1 inspections and appeals and meets all current requirements for
63 2 certification.
63 3 5. The department shall adopt rules regarding the
63 4 conducting or operating of another business or activity in the
63 5 distinct part of the physical structure in which the adult day
63 6 services program is provided, if the business or activity
63 7 serves persons who are not participants. The rules shall be
63 8 developed in consultation with the department of inspections
63 9 and appeals affected state agencies and affected industry,
63 10 professional, and consumer groups.
63 11 6. The department of elder affairs and the department of
63 12 inspections and appeals shall conduct joint training sessions
63 13 for personnel responsible for conducting monitoring
63 14 evaluations and complaint investigations of adult day services
63 15 programs.
63 16 7. Certification of an adult day services program shall be
63 17 for two years unless revoked for good cause by the department
63 18 of inspections and appeals.
63 19 Sec. 139. Section 231D.4, subsection 1, Code 2007, is
63 20 amended to read as follows:
63 21 1. Certificates for adult day services programs shall be
63 22 obtained from the department of inspections and appeals.
63 23 Applications shall be upon such forms and shall include such
63 24 information as the department of inspections and appeals may
63 25 reasonably require, which may include affirmative evidence of
63 26 compliance with applicable statutes and local ordinances.
63 27 Each application for certification shall be accompanied by the
63 28 appropriate fee.
63 29 Sec. 140. Section 231D.4, subsection 2, paragraph a, Code
63 30 2007, is amended to read as follows:
63 31 a. The department of inspections and appeals shall collect
63 32 adult day services certification fees. The fees shall be
63 33 deposited in the general fund of the state.
63 34 Sec. 141. Section 231D.5, subsection 1, unnumbered
63 35 paragraph 1, Code 2007, is amended to read as follows:
64 1 The department of inspections and appeals may deny,
64 2 suspend, or revoke certification if the department of
64 3 inspections and appeals finds that there has been a
64 4 substantial or repeated failure on the part of the adult day
64 5 services program to comply with this chapter or the rules or
64 6 minimum standards adopted pursuant to this chapter, or for any
64 7 of the following reasons:
64 8 Sec. 142. Section 231D.5, subsection 3, Code 2007, is
64 9 amended to read as follows:
64 10 3. In the case of a certificate applicant or existing
64 11 certificate holder which is an entity other than an
64 12 individual, the department of inspections and appeals may
64 13 deny, suspend, or revoke a certificate if any individual who
64 14 is in a position of control or is an officer of the entity
64 15 engages in any act or omission proscribed by this section.
64 16 Sec. 143. Section 231D.6, Code 2007, is amended to read as
64 17 follows:
64 18 231D.6 NOTICE == APPEAL == EMERGENCY PROVISIONS.
64 19 1. The denial, suspension, or revocation of a certificate
64 20 shall be effected by delivering to the applicant or
64 21 certificate holder by restricted certified mail or by personal
64 22 service a notice setting forth the particular reasons for the
64 23 action. The denial, suspension, or revocation shall become
64 24 effective thirty days after the mailing or service of the
64 25 notice, unless the applicant or certificate holder, within the
64 26 thirty=day period, requests a hearing, in writing, of the
64 27 department of inspections and appeals, in which case the
64 28 notice shall be deemed to be suspended.
64 29 2. The denial, suspension, or revocation of a certificate
64 30 may be appealed in accordance with rules adopted by the
64 31 department of inspections and appeals in accordance with
64 32 chapter 17A.
64 33 3. When the department of inspections and appeals finds
64 34 that an immediate danger to the health or safety of
64 35 participants in an adult day services program exists which
65 1 requires action on an emergency basis, the department of
65 2 inspections and appeals may direct the removal of all
65 3 participants in the adult day services program and suspend the
65 4 certificate prior to a hearing.
65 5 Sec. 144. Section 231D.7, Code 2007, is amended to read as
65 6 follows:
65 7 231D.7 CONDITIONAL OPERATION.
65 8 The department of inspections and appeals may, as an
65 9 alternative to denial, suspension, or revocation of
65 10 certification under section 231D.5, conditionally issue or
65 11 continue certification dependent upon the performance by the
65 12 adult day services program of reasonable conditions within a
65 13 reasonable period of time as prescribed by the department of
65 14 inspections and appeals so as to permit the program to
65 15 commence or continue the operation of the program pending full
65 16 compliance with this chapter or the rules adopted pursuant to
65 17 this chapter. If the adult day services program does not make
65 18 diligent efforts to comply with the conditions prescribed, the
65 19 department of inspections and appeals may, under the
65 20 proceedings prescribed by this chapter, suspend or revoke the
65 21 certificate. An adult day services program shall not be
65 22 operated under conditional certification for more than one
65 23 year.
65 24 Sec. 145. Section 231D.8, Code 2007, is amended to read as
65 25 follows:
65 26 231D.8 DEPARTMENT NOTIFIED OF CASUALTIES.
65 27 The department of inspections and appeals shall be notified
65 28 within twenty=four hours, by the most expeditious means
65 29 available, of any accident causing substantial injury or
65 30 death, and any substantial fire or natural or other disaster
65 31 occurring at or near an adult day services program.
65 32 Sec. 146. Section 231D.9, Code 2007, is amended to read as
65 33 follows:
65 34 231D.9 COMPLAINTS AND CONFIDENTIALITY.
65 35 1. A person with concerns regarding the operations or
66 1 service delivery of an adult day services program may file a
66 2 complaint with the department of inspections and appeals. The
66 3 name of the person who files a complaint with the department
66 4 of inspections and appeals and any personal identifying
66 5 information of the person or any participant identified in the
66 6 complaint shall be kept confidential and shall not be subject
66 7 to discovery, subpoena, or other means of legal compulsion for
66 8 its release to a person other than employees of the department
66 9 of inspections and appeals involved in the investigation of
66 10 the complaint.
66 11 2. The department, in cooperation with the department of
66 12 inspections and appeals, shall establish procedures for the
66 13 disposition of complaints received in accordance with this
66 14 section.
66 15 Sec. 147. Section 231D.9A, Code 2007, is amended to read
66 16 as follows:
66 17 231D.9A INFORMAL REVIEW.
66 18 1. If an adult day services program contests the findings
66 19 of regulatory insufficiencies of a monitoring evaluation or
66 20 complaint investigation, the program shall submit written
66 21 information, demonstrating that the program was in compliance
66 22 with the applicable requirement at the time of the monitoring
66 23 evaluation or complaint investigation, to the department of
66 24 inspections and appeals for review.
66 25 2. The department of inspections and appeals shall review
66 26 the written information submitted within ten working days of
66 27 the receipt of the information. At the conclusion of the
66 28 review, the department of inspections and appeals may affirm,
66 29 modify, or dismiss the regulatory insufficiencies. The
66 30 department of inspections and appeals shall notify the program
66 31 in writing of the decision to affirm, modify, or dismiss the
66 32 regulatory insufficiencies, and the reasons for the decision.
66 33 3. In the case of a complaint investigation, the
66 34 department of inspections and appeals shall also notify the
66 35 complainant, if known, of the decision and the reasons for the
67 1 decision.
67 2 Sec. 148. Section 231D.10, Code 2007, is amended to read
67 3 as follows:
67 4 231D.10 PUBLIC DISCLOSURE OF FINDINGS.
67 5 Upon completion of a monitoring evaluation or complaint
67 6 investigation of an adult day services program by the
67 7 department of inspections and appeals pursuant to this
67 8 chapter, including the conclusion of all administrative
67 9 appeals processes, the department's final findings with
67 10 respect to compliance by the adult day services program with
67 11 requirements for certification shall be made available to the
67 12 public in a readily available form and place. Other
67 13 information relating to an adult day services program that is
67 14 obtained by the department of inspections and appeals which
67 15 does not constitute the department's final findings from a
67 16 monitoring evaluation or complaint investigation of the adult
67 17 day services program shall be made available to the department
67 18 upon request to facilitate policy decisions, but shall not be
67 19 made available to the public except in proceedings involving
67 20 the denial, suspension, or revocation of a certificate under
67 21 this chapter.
67 22 Sec. 149. Section 231D.11, subsection 1, Code 2007, is
67 23 amended to read as follows:
67 24 1. A person establishing, conducting, managing, or
67 25 operating an adult day services program without a certificate
67 26 is guilty of a serious misdemeanor. Each day of continuing
67 27 violation after conviction or notice from the department of
67 28 inspections and appeals by certified mail of a violation shall
67 29 be considered a separate offense or chargeable offense. A
67 30 person establishing, conducting, managing, or operating an
67 31 adult day services program without a certificate may be
67 32 temporarily or permanently restrained by a court of competent
67 33 jurisdiction from such activity in an action brought by the
67 34 state.
67 35 Sec. 150. Section 231D.11, subsection 2, paragraph c,
68 1 unnumbered paragraph 1, Code 2007, is amended to read as
68 2 follows:
68 3 Preventing or interfering with or attempting to impede in
68 4 any way any duly authorized representative of the department
68 5 of inspections and appeals in the lawful enforcement of this
68 6 chapter or of the rules adopted pursuant to this chapter. As
68 7 used in this paragraph, "lawful enforcement" includes but is
68 8 not limited to:
68 9 Sec. 151. Section 231D.12, Code 2007, is amended to read
68 10 as follows:
68 11 231D.12 RETALIATION BY ADULT DAY SERVICES PROGRAM
68 12 PROHIBITED.
68 13 1. An adult day services program shall not discriminate or
68 14 retaliate in any way against a participant, participant's
68 15 family, or an employee of the program who has initiated or
68 16 participated in any proceeding authorized by this chapter. An
68 17 adult day services program that violates this section is
68 18 subject to a penalty as established by administrative rule, to
68 19 be assessed and collected by the department of inspections and
68 20 appeals, paid into the state treasury, and credited to the
68 21 general fund of the state.
68 22 2. Any attempt to discharge a participant from an adult
68 23 day services program by whom or upon whose behalf a complaint
68 24 has been submitted to the department of inspections and
68 25 appeals under section 231D.9, within ninety days after the
68 26 filing of the complaint or the conclusion of any proceeding
68 27 resulting from the complaint, shall raise a rebuttable
68 28 presumption that the action was taken by the program in
68 29 retaliation for the filing of the complaint, except in
68 30 situations in which the participant is discharged due to
68 31 changes in health status which exceed the level of care
68 32 offered by the adult day services program or in other
68 33 situations as specified by rule.
68 34 Sec. 152. Section 231D.13, Code 2007, is amended to read
68 35 as follows:
69 1 231D.13 NURSING ASSISTANT AND MEDICATION AIDE ==
69 2 CERTIFICATION.
69 3 The department of inspections and appeals, in cooperation
69 4 with other appropriate agencies, shall establish a procedure
69 5 to allow nursing assistants or medication aides to claim work
69 6 within adult day services programs as credit toward sustaining
69 7 the nursing assistant's or medication aide's certification.
69 8 Sec. 153. Section 231D.15, Code 2007, is amended to read
69 9 as follows:
69 10 231D.15 FIRE AND SAFETY STANDARDS.
69 11 The state fire marshal shall adopt rules, in coordination
69 12 with the department of elder affairs and the department of
69 13 inspections and appeals, relating to the certification and
69 14 monitoring of the fire and safety standards of adult day
69 15 services programs.
69 16 Sec. 154. Section 231D.17, subsection 3, Code 2007, is
69 17 amended to read as follows:
69 18 3. Written contractual agreements and related documents
69 19 executed by each participant or participant's legal
69 20 representative shall be maintained by the adult day services
69 21 program in program files from the date of execution until
69 22 three years from the date the written contractual agreement is
69 23 terminated. A copy of the most current written contractual
69 24 agreement shall be provided to members of the general public,
69 25 upon request. Written contractual agreements and related
69 26 documents shall be made available for on=site inspection to
69 27 the department of inspections and appeals upon request and at
69 28 reasonable times.
69 29 Sec. 155. Section 231D.18, subsection 1, unnumbered
69 30 paragraph 1, Code 2007, is amended to read as follows:
69 31 If an adult day services program initiates the involuntary
69 32 transfer of a participant and the action is not a result of a
69 33 monitoring evaluation or complaint investigation by the
69 34 department of inspections and appeals, and if the participant
69 35 or participant's legal representative contests the transfer,
70 1 the following procedure shall apply:
70 2 Sec. 156. Section 231D.18, subsection 2, Code 2007, is
70 3 amended to read as follows:
70 4 2. The department, in consultation with the department of
70 5 inspections and appeals affected state agencies and affected
70 6 industry, professional, and consumer groups, shall establish
70 7 by rule, in accordance with chapter 17A, procedures to be
70 8 followed, including the opportunity for hearing, when the
70 9 transfer of a participant results from a monitoring evaluation
70 10 or complaint investigation conducted by the department of
70 11 inspections and appeals.
70 12 Sec. 157. ADMINISTRATIVE RULES == TRANSITION PROVISIONS.
70 13 1. Any rule, regulation, form, order, or directive
70 14 promulgated by the department of elder affairs and in effect
70 15 on the effective date of this Act shall continue in full force
70 16 and effect until amended, repealed, or supplemented by
70 17 affirmative action of the department of inspections and
70 18 appeals under the duties and powers of the department of
70 19 inspections and appeals as established in this Act and under
70 20 the procedure established in subsection 2.
70 21 Any license, certification, or permit issued by the
70 22 department of elder affairs and in effect on the effective
70 23 date of this Act shall continue in full force and effect until
70 24 expiration or renewal.
70 25 2. In regard to updating references and format in the Iowa
70 26 administrative code in order to correspond to the
70 27 restructuring of state government as established in this Act,
70 28 the administrative rules coordinator and the administrative
70 29 rules review committee, in consultation with the
70 30 administrative code editor, shall jointly develop a schedule
70 31 for the necessary updating of the Iowa administrative code.
70 32 DIVISION VII
70 33 CORRECTIVE PROVISIONS
70 34 Sec. 158. Section 35A.15, subsection 2, if enacted by 2007
70 35 Iowa Acts, Senate File 407, section 1, is amended to read as
71 1 follows:
71 2 2. The home ownership assistance program is established to
71 3 continue the program implemented pursuant to 2003 Iowa Acts,
71 4 chapter 179, section 21, subsection 5, as amended by 2005 Iowa
71 5 Acts, chapter 161, section 1, and as amended by 2005 Iowa
71 6 Acts, chapter 115, section 37, and continued in accordance
71 7 with 2006 Iowa Acts, chapter 1167, sections 3 and 4, and other
71 8 appropriations.
71 9 Sec. 159. Section 48A.7A, subsection 4, paragraph b, as
71 10 enacted by 2007 Iowa Acts, House File 653, section 2, is
71 11 amended to read as follows:
71 12 b. The form of the written oath required of a person
71 13 attesting to the identity and residency of the registrant
71 14 shall read as follows:
71 15 I, .............. (name of registered voter), do solemnly
71 16 swear or affirm all of the following:
71 17 I am a preregistered voter in this precinct or I registered
71 18 to vote in this precinct today, and a registered voter did not
71 19 sign an oath on my behalf.
71 20 I am a resident of the ......... precinct, ....... ward
71 21 or township, city of ........., county of ........., Iowa.
71 22 I reside at ................. (street address) in
71 23 (street address)
71 24 ...................... (city or township)
71 25 (city or township)
71 26 I personally know ................... (name of registrant),
71 27 (name or registrant)
71 28 and I personally know that ..................... (name of
71 29 (name of registrant)
71 30 registrant) is a resident of the ....... precinct,
71 31 ............ ward or township, city of ......., county of
71 32 ......., Iowa.
71 33 I understand that any false statement in this oath is a
71 34 class "D" felony punishable by no more than five years in
71 35 confinement and a fine of at least seven hundred fifty dollars
72 1 but not more than seven thousand five hundred dollars.
72 2 ........................
72 3 Signature of Registered Voter
72 4 Subscribed and sworn before me on (date).
72 5 .....................
72 6 Signature of Precinct Election Official
72 7 Sec. 160. Section 53.37, subsection 5, Code 2007, as
72 8 amended by 2007 Iowa Acts, House File 848, section 31, to be
72 9 subsection 3, paragraph e, is amended to read as follows:
72 10 e. Citizens of the United States who do not fall under any
72 11 of the categories described in subsections 1 to 4 paragraphs
72 12 "a" through "d", but who are entitled to register and vote
72 13 pursuant to section 48A.5, subsection 4.
72 14 Sec. 161. Section 68A.406, subsection 2, unnumbered
72 15 paragraph 2, Code 2007, as amended by 2007 Iowa Acts, Senate
72 16 File 39, section 7, is amended to read as follows:
72 17 Subparagraphs Paragraphs "d", "e", and "f" shall not apply
72 18 to the posting of signs on private property not a polling
72 19 place, except that the placement of a sign on a motor vehicle,
72 20 trailer, or semitrailer, or any attachment to a motor vehicle,
72 21 trailer, or semitrailer parked on public property within three
72 22 hundred feet of a polling place, which sign is more than
72 23 ninety square inches in size, is prohibited.
72 24 Sec. 162. Section 96.5, subsection 5, paragraph c, Code
72 25 2007, as amended by 2007 Iowa Acts, Senate File 272, section
72 26 27, to be subsection 5, paragraph a, subparagraph (3), is
72 27 amended to read as follows:
72 28 (3) A governmental or other pension, retirement or retired
72 29 pay, annuity, or any other similar periodic payment made under
72 30 a plan maintained or contributed to by a base period or
72 31 chargeable employer where, except for benefits under the
72 32 federal Social Security Act or the federal Railroad Retirement
72 33 Act of 1974 or the corresponding provisions of prior law, the
72 34 plan's eligibility requirements or benefit payments are
72 35 affected by the base period employment or the remuneration for
73 1 the base period employment. However, if an individual's
73 2 benefits are reduced due to the receipt of a payment under
73 3 this paragraph subparagraph, the reduction shall be decreased
73 4 by the same percentage as the percentage contribution of the
73 5 individual to the plan under which the payment is made.
73 6 Sec. 163. Section 147.74, subsection 22, Code 2007, as
73 7 amended by 2007 Iowa Acts, Senate File 74, section 61, is
73 8 amended to read as follows:
73 9 22. A sign language interpreter or transliterator licensed
73 10 under chapter 154E and this chapter may use the title
73 11 "licensed sign language interpreter" or the letters "L. I."
73 12 after the person's name.
73 13 Sec. 164. Section 147.98, Code 2007, as amended by 2007
73 14 Iowa Acts, Senate File 74, section 71, is amended to read as
73 15 follows:
73 16 147.98 EXECUTIVE DIRECTOR OF THE BOARD OF PHARMACY.
73 17 The board of pharmacy may employ a full=time executive
73 18 director, who shall not be a member of the examining board, at
73 19 such compensation as may be fixed pursuant to chapter 8A,
73 20 subchapter IV, but the provisions of section 147.22 providing
73 21 for a secretary for each examining board shall not apply to
73 22 the board of pharmacy.
73 23 Sec. 165. Section 148.10, unnumbered paragraph 1, Code
73 24 2007, as amended by 2007 Iowa Acts, Senate File 74, section
73 25 95, is amended to read as follows:
73 26 The board may, in their its discretion, issue a temporary
73 27 certificate authorizing the licensee to practice medicine and
73 28 surgery or osteopathic medicine and surgery in a specific
73 29 location or locations and for a specified period of time if,
73 30 in the opinion of the board, a need exists and the person
73 31 possesses the qualifications prescribed by the board for the
73 32 license, which shall be substantially equivalent to those
73 33 required for licensure under this chapter or chapter 150A, as
73 34 the case may be. The board shall determine in each instance
73 35 those eligible for this license, whether or not examinations
74 1 shall be given, and the type of examinations. No requirements
74 2 of the law pertaining to regular permanent licensure are
74 3 mandatory for this temporary license except as specifically
74 4 designated by the board. The granting of a temporary license
74 5 does not in any way indicate that the person so licensed is
74 6 necessarily eligible for regular licensure or that the board
74 7 in any way is obligated to so license the person.
74 8 Sec. 166. Section 150A.3, subsection 1, paragraph c, Code
74 9 2007, as that section is amended by 2007 Iowa Acts, Senate
74 10 File 74, section 115, is amended to read as follows:
74 11 c. Present to the Iowa department of public health
74 12 satisfactory evidence that the applicant has completed one
74 13 year of internship or resident training in a hospital approved
74 14 for such training by the medical examiners board.
74 15 Sec. 167. Section 151.12, unnumbered paragraph 1, Code
74 16 2007, as amended by 2007 Iowa Acts, Senate File 74, section
74 17 125, is amended to read as follows:
74 18 The board may, in its discretion, issue a temporary
74 19 certificate authorizing the licensee to practice chiropractic
74 20 if, in the opinion of the chiropractic examiners board, a need
74 21 exists and the person possesses the qualifications prescribed
74 22 by the board for the license, which shall be substantially
74 23 equivalent to those required for licensure under this chapter.
74 24 The board shall determine in each instance those eligible for
74 25 this license, whether or not examinations shall be given, the
74 26 type of examinations, and the duration of the license. No
74 27 requirements of the law pertaining to regular permanent
74 28 licensure are mandatory for this temporary license except as
74 29 specifically designated by the board. The granting of a
74 30 temporary license does not in any way indicate that the person
74 31 so licensed is eligible for regular licensure or that the
74 32 board is obligated to so license the person.
74 33 Sec. 168. Section 154.1, unnumbered paragraph 3, Code
74 34 2007, as amended by 2007 Iowa Acts, Senate File 74, section
74 35 142, to be subsection 4, is amended to read as follows:
75 1 4. Therapeutically certified optometrists may employ all
75 2 diagnostic and therapeutic pharmaceutical agents for the
75 3 purpose of diagnosis and treatment of conditions of the human
75 4 eye and adnexa pursuant to this paragraph subsection,
75 5 excluding the use of injections other than to counteract an
75 6 anaphylactic reaction, and notwithstanding section 147.107,
75 7 may without charge supply any of the above pharmaceuticals to
75 8 commence a course of therapy. Therapeutically certified
75 9 optometrists may prescribe oral steroids for a period not to
75 10 exceed fourteen days without consultation with a primary care
75 11 physician. Therapeutically certified optometrists shall not
75 12 prescribe oral Imuran or oral Methotrexate. Therapeutically
75 13 certified optometrists may be authorized, where reasonable and
75 14 appropriate, by rule of the board, to employ new diagnostic
75 15 and therapeutic pharmaceutical agents approved by the United
75 16 States food and drug administration on or after July 1, 2002,
75 17 for the diagnosis and treatment of the human eye and adnexa.
75 18 The board shall not be required to adopt rules relating to
75 19 topical pharmaceutical agents, oral antimicrobial agents, oral
75 20 antihistamines, oral antiglaucoma agents, and oral analgesic
75 21 agents. Superficial foreign bodies may be removed from the
75 22 human eye and adnexa. The therapeutic efforts of a
75 23 therapeutically certified optometrist are intended for the
75 24 purpose of examination, diagnosis, and treatment of visual
75 25 defects, abnormal conditions, and diseases of the human eye
75 26 and adnexa, for proper optometric practice or referral for
75 27 consultation or treatment to persons licensed under chapter
75 28 148 or 150A. A therapeutically certified optometrist is an
75 29 optometrist who is licensed to practice optometry in this
75 30 state and who is certified by the board to use the agents and
75 31 procedures authorized pursuant to this paragraph subsection.
75 32 A therapeutically certified optometrist shall be provided with
75 33 a distinctive certificate by the board which shall be
75 34 displayed for viewing by the patients of the optometrist.
75 35 Sec. 169. Section 154.3, subsection 5, Code 2007, as
76 1 amended by 2007 Iowa Acts, Senate File 74, section 143, is
76 2 amended to read as follows:
76 3 5. A person applying to be licensed as an optometrist
76 4 after January 1, 1986, shall also apply to be a
76 5 therapeutically certified optometrist and shall, in addition
76 6 to satisfactorily completing all requirements for a license to
76 7 practice optometry, satisfactorily complete a course as
76 8 defined by rule of the board with particular emphasis on the
76 9 examination, diagnosis, and treatment of conditions of the
76 10 human eye and adnexa provided by an institution accredited by
76 11 a regional or professional accreditation organization which is
76 12 recognized or approved by the council on postsecondary
76 13 accreditation of the United States office of education, and
76 14 approved by the board. The rules of the board shall require a
76 15 course including a minimum of forty hours of didactic
76 16 education and sixty hours of approved supervised clinical
76 17 training in the examination, diagnosis, and treatment of
76 18 conditions of the human eye and adnexa. The board may also,
76 19 by rule, provide a procedure by which an applicant who has
76 20 received didactic education meeting the requirements of rules
76 21 adopted pursuant to this subsection at an approved school of
76 22 optometry may apply to the board for a waiver of the didactic
76 23 education requirements of this subsection.
76 24 Sec. 170. Section 284.8, subsection 4, if enacted by 2007
76 25 Iowa Acts, Senate File 277, section 32, is amended to read as
76 26 follows:
76 27 4. A teacher who is not meeting the applicable standards
76 28 and criteria based on a determination made pursuant to
76 29 subsection 3 2 shall participate in an intensive assistance
76 30 program.
76 31 Sec. 171. Section 499.47, subsection 3, Code 2007, as
76 32 amended by 2007 Iowa Acts, Senate File 319, section 5, is
76 33 amended to read as follows:
76 34 3. Upon the expiration or voluntary dissolution of an
76 35 association, the members shall designate three of their number
77 1 as trustees to replace the officers and directors and wind up
77 2 its affairs. The trustees shall have all the powers of the
77 3 board, including the power to sell and convey real or personal
77 4 property and execute conveyances. Within the time fixed in
77 5 their designation, or any extension of that time, the trustees
77 6 shall liquidate the association's assets, pay its debts and
77 7 expenses, and distribute remaining funds among the members.
77 8 Upon distribution of remaining assets the association shall
77 9 stand dissolved and cease to exist. The trustees shall make
77 10 and sign a duplicate report of the dissolution. One copy of
77 11 the The report shall be filed with the secretary of state.
77 12 Sec. 172. Section 715.6, Code 2007, as amended by 2007
77 13 Iowa Acts, Senate File 333, if enacted, is amended to read as
77 14 follows:
77 15 715.6 EXCEPTIONS.
77 16 Sections 715.4 and 715.5 shall not apply to the monitoring
77 17 of, or interaction with, an owner's or an operator's internet
77 18 or other network connection, service, or computer, by a
77 19 telecommunications carrier, cable operator, computer hardware
77 20 or software provider, or provider of information service or
77 21 interactive computer service for network or computer security
77 22 purposes, diagnostics, technical support, maintenance, repair,
77 23 authorized updates of computer software or system firmware,
77 24 authorized remote system management, or detection, criminal
77 25 investigation, or prevention of the use of or fraudulent or
77 26 other illegal activities prohibited in this chapter in
77 27 connection with a network, service, or computer software,
77 28 including scanning for and removing computer software
77 29 prescribed under this chapter. Nothing in this chapter shall
77 30 limit the rights of providers of wire and electronic
77 31 communications under 18 U.S.C. } 2511.
77 32 Sec. 173. 2006 Iowa Acts, chapter 1106, section 1,
77 33 subsection 5, paragraph c, as amended by 2007 Iowa Acts,
77 34 Senate File 272, section 112, is amended to read as follows:
77 35 c. Grants for veterans injured after September 11, 2001,
78 1 but prior to the effective date of this section of this Act
78 2 shall be payable, upon a showing that the veteran would have
78 3 been eligible for payment had the injury occurred on or after
78 4 the effective date of this section of this Act.
78 5 Sec. 174. 2007 Iowa Acts, House File 579, section 3, the
78 6 bill section amending clause, is amended to read as follows:
78 7 SEC. 3. Section 805.6, subsection 1, paragraph a,
78 8 unnumbered paragraph 3, Code 2007, is amended to read as
78 9 follows:
78 10 Sec. 175. 2007 Iowa Acts, Senate File 74, section 43, is
78 11 repealed.
78 12 Sec. 176. 2007 Iowa Acts, Senate File 403, section 29, if
78 13 enacted, is amended to read as follows:
78 14 SEC. 29. EFFECTIVE DATE. The sections of this division of
78 15 this Act enacting section 268.6 and amending section 534B.54
78 16 543B.54 take effect July 1, 2007.
78 17 Sec. 177. 2007 Iowa Acts, Senate File 535, section 44,
78 18 subsection 1, unnumbered paragraph 1, is amended to read as
78 19 follows:
78 20 If 2007 Iowa Acts, House File 716 is enacted,
78 21 notwithstanding section 4.1 4.8, all of the following apply:
78 22 EXPLANATION
78 23 This bill makes, reduces, and transfers appropriations,
78 24 provides for salaries and compensation of state employees, and
78 25 covers other properly related matters. The bill is organized
78 26 into divisions.
78 27 MH/MR/DD/BI SERVICES ALLOWED GROWTH FUNDING == FY
78 28 2008=2009. This division appropriates funding for the FY
78 29 2008=2009 MH/MR/DD/BI services allowed growth funding payments
78 30 to counties and for the brain injury services program in the
78 31 department of public health.
78 32 STANDING APPROPRIATIONS AND RELATED MATTERS. This division
78 33 limits the standing unlimited appropriations for FY 2007=2008
78 34 made for the following purposes: instructional support state
78 35 aid, payment of nonpublic school transportation, the
79 1 educational excellence program to improve teacher salaries,
79 2 and state share of peace officers' retirement benefits.
79 3 In addition, for FY 2007=2008, the following property tax
79 4 credits are funded from the property tax credit fund created
79 5 in the division instead of the general fund of the state:
79 6 homestead, agricultural land and family farm, military
79 7 service, and elderly and disabled tax credit and
79 8 reimbursement.
79 9 For the budget process applicable to FY 2008=2009, state
79 10 agencies are required to submit estimates and other
79 11 expenditure information as called for by the director of the
79 12 department of management after consultation with the director
79 13 of management instead of the information required under Code
79 14 section 8.23.
79 15 Of the appropriations made for expenses of the general
79 16 assembly under Code section 2.12, $775,000 is to be used for
79 17 security at the capitol and judicial buildings.
79 18 Code section 8.57A is amended to increase the standing
79 19 appropriation from the rebuild Iowa infrastructure fund to the
79 20 environment first fund from $35 million to $40 million.
79 21 Code section 257.35, relating to state aid to schools
79 22 provided for area education agencies, is amended to continue a
79 23 reduction in that funding for FY 2007=2008. The amount of the
79 24 reduction is limited to $5.25 million in place of the $8
79 25 million reduction applied for the previous fiscal year and the
79 26 reduction for each area education agency will be prorated
79 27 based upon the reduction in the state aid that the agency
79 28 received in FY 2003=2004. Intent language is included that
79 29 would eliminate this reduction by FY 2009=2010.
79 30 The contingent appropriation under Code section 8.57,
79 31 subsection 1, of up to 1 percent of the adjusted revenue
79 32 estimate for FY 2007=2008 from the state general fund to the
79 33 cash reserve fund in the event the FY 2006=2007 ending balance
79 34 distribution was insufficient to bring the fund to the
79 35 designated level shall not be made for FY 2007=2008.
80 1 SALARIES, COMPENSATION, AND RELATED MATTERS. This division
80 2 relates to the funding for the fiscal year beginning July 1,
80 3 2007, of salary increases for state appointed nonelected
80 4 officers, justices, judges, magistrates, employees subject to
80 5 collective bargaining agreements, certain noncontract
80 6 employees, and board of regents employees.
80 7 The annual salaries of the justices, judges, and judicial
80 8 magistrates are increased by approximately 8 to 10 percent.
80 9 The division increases the maximum and minimum salary
80 10 levels of all pay plans of noncontract state employees by 3
80 11 percent and authorizes a step increase or the equivalent of a
80 12 step increase. The pay levels of noncontract judicial branch
80 13 employees are required to be similar to the employees covered
80 14 by collective bargaining agreements negotiated by the judicial
80 15 branch.
80 16 The division provides supplemental authorization to fund
80 17 salaries from trust, revolving, and special funds for which
80 18 the general assembly has established a budget.
80 19 The division provides for the salary model administrator to
80 20 work in conjunction with the department of management and the
80 21 legislative services agency to analyze, compare, and project
80 22 state salary and benefit information.
80 23 The division provides for the payment of overtime for
80 24 uniformed peace officers in the division of state patrol who
80 25 are covered by a collective bargaining agreement.
80 26 The division makes an amendment to Code section 20.5
80 27 relating to compensation of members of the public employment
80 28 relations board to provide that they are to be compensated as
80 29 provided by law in lieu of being set by the general assembly.
80 30 The division amends Code section 421.1A relating to the
80 31 compensation of members of the property assessment appeal
80 32 board to provide that they shall be compensated similar to the
80 33 salary of a district judge until December 31, 2013.
80 34 The division specifies that when the supreme court submits
80 35 the estimate of the total expenditure requirements of the
81 1 judicial branch, that estimate include a detailed listing of
81 2 requested judicial salary increases for the following fiscal
81 3 year.
81 4 The division also provides that the administrator of the
81 5 state racing and gaming commission will be paid compensation
81 6 as set by the governor rather than within the salary range set
81 7 by the general assembly.
81 8 OTHER APPROPRIATIONS AND RELATED MATTERS. This division
81 9 makes numerous appropriations or reductions in appropriations
81 10 for FY 2007=2008 and involves related matters as follows:
81 11 To the department of administrative services, $120,000 is
81 12 appropriated to provide for free shuttle service to the
81 13 capitol complex by the Des Moines area regional transit
81 14 authority.
81 15 To the department of economic development, $40,000 is
81 16 appropriated to support the mid=America port commission.
81 17 To the department of education, $200,000 is appropriated
81 18 for allocation to the Iowa western community college for
81 19 interpreters for the deaf.
81 20 To the department of education, $2 million is appropriated
81 21 for payment of instructors' salaries at community colleges.
81 22 To the department of elder affairs, $75,000 is appropriated
81 23 to assist a qualifying county to fund a livable community
81 24 initiative for the elderly and to hire a full=time
81 25 professional aging specialist.
81 26 To the department of public defense, $75,000 is
81 27 appropriated to implement the disaster behavioral health
81 28 responder ready reserve established in this division.
81 29 To the state board of regents, $250,000 is appropriated for
81 30 the development, maintenance, and promotion of a credit
81 31 transfer and articulation internet website for use by students
81 32 who wish to transfer credits earned at a community college to
81 33 a board of regents institution.
81 34 To the department of education, a supplemental
81 35 appropriation of $2 million is made for the all Iowa
82 1 opportunity assistance program if the program is established
82 2 in 2007 Iowa Acts, Senate File 588. The moneys are to be used
82 3 for the all Iowa opportunity scholarship program of the all
82 4 Iowa opportunity assistance program.
82 5 To the department of education, a supplemental
82 6 appropriation of $295,000 is made for the before and after
82 7 school program if established in 2007 Iowa Acts, Senate File
82 8 588.
82 9 To the department of justice, a supplemental appropriation
82 10 of $150,000 is made for farm mediation services if an
82 11 appropriation is made for farm mediation services in 2007 Iowa
82 12 Acts, Senate File 575.
82 13 To the department of public health, $500,000 is
82 14 appropriated for a grant to a tax exempt nonprofit
82 15 organization that is operating 211 program call centers on a
82 16 statewide basis for community information and referral
82 17 services.
82 18 To the judicial branch, $14 million is appropriated for
82 19 salaries, support, and miscellaneous purposes to supplement
82 20 the appropriation in 2007 Iowa Acts, Senate File 563, if
82 21 enacted.
82 22 To the department of inspections and appeals, $3 million is
82 23 appropriated to the office of state public defender for the
82 24 indigent defense program to supplement the appropriation in
82 25 2007 Iowa Acts, Senate File 575, if enacted.
82 26 To the department of agriculture and land stewardship,
82 27 $10,000 is appropriated for allocation to the Iowa junior
82 28 angus association in connection with the 2008 national junior
82 29 angus show.
82 30 To the department of corrections, $560,000 is appropriated
82 31 for the Newton correctional facility to supplement the
82 32 appropriation in 2007 Iowa Acts, Senate File 575, if enacted.
82 33 To the office of attorney general, $450,000 is appropriated
82 34 for legal services for persons in poverty grants to supplement
82 35 the appropriation in 2007 Iowa Acts, Senate File 575, if
83 1 enacted.
83 2 The division amends 2007 Iowa Acts, House File 752, if
83 3 enacted, to increase the amounts of the appropriations for
83 4 department of transportation operations from the road use tax
83 5 fund and the primary road fund by $16,800 and $103,200,
83 6 respectively, and increases the FTE's for the operations by
83 7 1.00.
83 8 The division amends 2006 Iowa Acts, chapter 1180, section
83 9 5, and 2007 Iowa Acts, Senate File 562, to provide for the
83 10 nonreversion of moneys appropriated for the great places
83 11 program.
83 12 The division enacts new Code sections 15.391 and 15.392 and
83 13 appropriates $1 million annually beginning with FY 2008=2009
83 14 for the support of the world food prize and for the support of
83 15 a world food prize youth institute that is established with a
83 16 program to provide an educational opportunity and forum for
83 17 high school students in the state who have an interest in
83 18 food, agriculture, or natural resources disciplines.
83 19 The division enacts new Code section 29C.23 to require the
83 20 department of public defense's homeland security and emergency
83 21 management division administrator to provide for the ongoing
83 22 existence of the ready reserve. The purpose of the reserve is
83 23 to maintain a group of trained individuals to work with state
83 24 and local officials and others in providing crisis counseling
83 25 assistance in response to crises, disasters, and public
83 26 disorder emergencies.
83 27 The ready reserve is considered to be a homeland security
83 28 and emergency response team for purposes of Code section 29C.8
83 29 and as such the members are considered to be state employees
83 30 and are afforded tort liability protection as a state employee
83 31 as well as disability, workers' compensation, and death
83 32 benefits.
83 33 The division provides an appropriation from the general
83 34 fund of the state of $75,000 for initial implementation of the
83 35 ready reserve costs for FY 2007=2008.
84 1 The division provides that directors of departments and
84 2 agencies that are subject to a requirement to develop a
84 3 telecommuter employment policy and plans are required to
84 4 develop the policy and plans in consultation with
84 5 representatives of the collective bargaining units of the
84 6 employees affected by the policy and plans.
84 7 The division amends Code section 256D.5 to extend the
84 8 standing, limited appropriation of $29.25 million for the Iowa
84 9 early intervention block grant program to the fiscal year
84 10 ending June 30, 2012, and extends repeal of the program to
84 11 July 1, 2012.
84 12 Code section 279.51 is amended to increase the amount of
84 13 the standing appropriation to the department of education for
84 14 at=risk children programs from $12,560,000 to $12,606,196.
84 15 Code section 602.8108 is amended to strike subsections 8,
84 16 9, 10, and 11 that provide that a set amount of the fines and
84 17 fees collected by the state court administrator be allocated
84 18 to the judicial branch, state public defender, office of
84 19 attorney general, or department of corrections. Instead these
84 20 amounts will be deposited into the general fund of the state.
84 21 MISCELLANEOUS STATUTORY CHANGES. Code section 8A.363,
84 22 subsection 1, is amended to provide that the director of the
84 23 department of administrative services shall set the private
84 24 motor vehicle reimbursement rate at between 90 percent and 110
84 25 percent of the maximum allowable rate under federal internal
84 26 revenue service rules.
84 27 Code section 15I.3, subsection 4, is amended to reduce from
84 28 $10 million to $4 million the amount of wage=benefits tax
84 29 credit certificates that may be issued in a fiscal year
84 30 beginning on or after July 1, 2007.
84 31 Code section 28D.3 is amended to allow the department of
84 32 administrative services and the Iowa communications network to
84 33 interchange employees with other governmental entities for
84 34 longer than two years. This provision takes effect upon
84 35 enactment.
85 1 Code sections 85.66 and 85.67 are amended to increase from
85 2 $50,000 to $150,000 the amount the attorney general's office
85 3 is reimbursed for expenses from the second injury fund.
85 4 New Code chapter 190A is enacted to establish a
85 5 farm=to=school program headed by a seven=member council to
85 6 provide school children with healthy foods and opportunities
85 7 to partake in farm activities.
85 8 New Code section 214A.2B is enacted to allow a community
85 9 college to establish a testing laboratory for motor fuel and
85 10 biodiesel fuels.
85 11 New Code section 216A.121, enacted by 2007 Iowa Acts, House
85 12 File 826, is amended to include a representative of the Iowa
85 13 state association of counties on the Abraham Lincoln
85 14 bicentennial commission.
85 15 Code section 237A.13 is amended by adding a new subsection
85 16 that establishes billing and payment standards for child care
85 17 provided through the state child care assistance program. The
85 18 billing or payments may be made biweekly or monthly.
85 19 Code section 272.27 is amended to provide that those
85 20 educators completing required practicum, field experience,
85 21 clinical experience, or internship before licensure shall be
85 22 covered by the same liability protections provided student
85 23 teachers.
85 24 Code section 303.1 is amended to allow the department of
85 25 cultural affairs to develop and implement fee=based
85 26 educational programming opportunities including preschool
85 27 programs.
85 28 Code sections 321.20B and 321A.34 are amended to allow
85 29 certain sized associations to be self=insured in lieu of
85 30 having regular motor vehicle insurance.
85 31 Code section 388.2 specifies that a proposal to establish,
85 32 acquire, lease, dispose of, or undertake or discontinue
85 33 operation of a city utility or to establish or dissolve a
85 34 combined utility system or to establish or discontinue a
85 35 utility board, which proposal is submitted to the voters by
86 1 the city council's own motion, and not by petition, may be
86 2 submitted at the general election, regular city election or at
86 3 a special election. Code section 388.2 is amended to require
86 4 notice be given to any utility whose property would be
86 5 affected by a city establishing a gas or electric utility.
86 6 Code section 404A.4, subsection 4, is amended to increase
86 7 from $2.4 million to $6 million the amount of historic
86 8 preservation and cultural and entertainment district tax
86 9 credits that may be approved in a fiscal year.
86 10 Code section 463C.17 is amended to provide that in addition
86 11 to the Honey creek premier destination park authority, the
86 12 department of natural resources and their agents are exempt
86 13 from competitive bid laws, term=length, and hearing when
86 14 entering into contracts in carrying out its public and
86 15 essential government functions.
86 16 New Code section 717F.1, if enacted by 2007 Iowa Acts,
86 17 Senate File 564, is amended to exclude from the definition of
86 18 circus for purposes of the dangerous wild animal law a person
86 19 who keeps certain carnivores as pets. Also changed in the law
86 20 is the authority to keep a falcon.
86 21 The division repeals the section in 2007 Iowa Acts, Senate
86 22 File 403, if enacted, that makes a $250,000 appropriation for
86 23 the initial implementation of an Iowa energy independence
86 24 office.
86 25 ELDER SERVICES. This division provides the department of
86 26 inspections and appeals with regulatory control of elder group
86 27 homes, assisted living programs, and adult day services for
86 28 licensing and monitoring purposes. The division eliminates
86 29 regulatory control over such programs and facilities by the
86 30 department of elder affairs. The division also provides
86 31 transitional provisions for administrative rules.
86 32 CORRECTIVE PROVISIONS. Code section 35A.15, if enacted in
86 33 2007 Iowa Acts, Senate File 407, is amended to correct a
86 34 reference to the Iowa Act initially enacting the home
86 35 ownership assistance program for eligible members of the armed
87 1 forces of the United States who are residents of Iowa.
87 2 Code section 48A.7A, as enacted by 2007 Iowa Acts, House
87 3 File 653, is corrected to include "name of registrant" rather
87 4 than "name or registrant" and to reposition parenthetical
87 5 phrases on the same line where blanks are to be filled in
87 6 rather than on the lines below.
87 7 Code section 53.37, as amended by 2007 Iowa Acts, House
87 8 File 848, is amended to correct an internal reference due to
87 9 redesignation of subunits within the Code section.
87 10 Code section 68A.406, as amended by 2007 Iowa Acts, Senate
87 11 File 39, is amended to correct an internal reference to
87 12 paragraphs rather than to subparagraphs.
87 13 Code section 96.5, subsection 5, as amended by 2007 Iowa
87 14 Acts, Senate File 272, is amended to correct an internal
87 15 reference to this "paragraph" due to the internal
87 16 redesignation of subunits within the subsection.
87 17 Code section 147.74, subsection 22, as amended by 2007 Iowa
87 18 Acts, Senate File 74, is amended to correct a reference to a
87 19 sign language interpreter or transliterator.
87 20 Code section 147.98, as amended by 2007 Iowa Acts, Senate
87 21 File 74, is amended to correct two references to board or the
87 22 board of pharmacy rather than to examining board or pharmacy
87 23 examiners.
87 24 Code section 148.10, as amended by 2007 Iowa Acts, Senate
87 25 File 74, is amended to correct a grammatical phrase using the
87 26 word "its" rather than the word "their".
87 27 Code section 150A.3, as amended by 2007 Iowa Acts, Senate
87 28 File 74, is amended to correct a reference to the board of
87 29 medicine rather than to the medical examiners.
87 30 Code section 151.12, as amended by 2007 Iowa Acts, Senate
87 31 File 74, is amended to correct a reference to the board of
87 32 chiropractic rather than to the chiropractic examiners.
87 33 Code section 154.1, as amended by 2007 Iowa Acts, Senate
87 34 File 74, section 142, is amended to correct two internal
87 35 references to the newly designated subsection 4 rather than to
88 1 the paragraph.
88 2 Code section 154.3, subsection 5, as amended by 2007 Iowa
88 3 Acts, Senate File 74, is amended to correct the punctuation in
88 4 a series to match added punctuation in two identical series in
88 5 the same bill section.
88 6 Code section 284.8, subsection 4, if enacted by 2007 Iowa
88 7 Acts, Senate File 277, is amended to correct an improper
88 8 reference.
88 9 Code section 499.47, as amended by 2007 Iowa Acts, Senate
88 10 File 319, is amended to provide that a duplicate copy of the
88 11 report of the dissolution of an agricultural association need
88 12 no longer be made and signed since the Code section was
88 13 amended by Senate File 319 to require that just one copy be
88 14 made and signed and filed with the secretary of state.
88 15 Code section 715.6, as amended in 2007 Iowa Acts, Senate
88 16 File 333, the substantive Code editor's bill, is amended to
88 17 specify that the prohibitions in Code chapter 715, relating to
88 18 computer spyware and malware protections, allow monitoring or
88 19 interaction with an internet or computer network involved in a
88 20 criminal investigation of activities illegal under Code
88 21 chapter 715.
88 22 2006 Iowa Acts, chapter 1106, as amended by 2007 Iowa Acts,
88 23 Senate File 272, is amended to correct a reference to an
88 24 effective date provision in the 2006 Iowa Acts. The 2006 Iowa
88 25 Act had more than one effective and retroactive applicability
88 26 date provision.
88 27 2007 Iowa Acts, House File 579, section 3, is amended to
88 28 correct the bill section amending clause by adding that the
88 29 portion of the Code section being amended is part of paragraph
88 30 "a".
88 31 2007 Iowa Acts, Senate File 74, section 43, is repealed due
88 32 to the fact that the Code section which it amends is itself
88 33 repealed July 1, 2007.
88 34 2007 Iowa Acts, Senate File 403, is amended to correct a
88 35 reference to Code section 543B.54 in an effective date section
89 1 of the bill.
89 2 2007 Iowa Acts, Senate File 535, is amended to correct a
89 3 reference to Code section 4.8 in a bill provision determining
89 4 which conflicting provisions of two bills should prevail. The
89 5 reference should be to the Code section relating to the
89 6 statutory rule which provides that the bill of latest
89 7 enactment prevails rather than a reference to statutory
89 8 definitions.
89 9 LSB 2904SV 82
89 10 mg:jp/cf/24.1