Senate Study Bill 3238 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY JOINT APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION) A BILL FOR An Act relating to and making appropriations to certain state 1 departments, agencies, funds, and certain other entities, 2 providing for regulatory authority, and other properly 3 related matters. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5087JB (3) 83 ec/tm
S.F. _____ H.F. _____ DIVISION I 1 ADMINISTRATION AND REGULATION 2 APPROPRIATIONS 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. 4 1. There is appropriated from the general fund of the state 5 to the department of administrative services for the fiscal 6 year beginning July 1, 2010, and ending June 30, 2011, the 7 following amounts, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 a. For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,746,420 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 62.51 14 b. For the payment of utility costs: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,127,085 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 17 Notwithstanding section 8.33, any excess funds appropriated 18 for utility costs in this lettered paragraph shall not revert 19 to the general fund of the state at the end of the fiscal year 20 but shall remain available for expenditure for the purposes of 21 this lettered paragraph during the succeeding fiscal year. 22 It is the intent of the general assembly that the department 23 shall reduce utility costs through energy conservation 24 practices. The goal of the general assembly is to reduce 25 energy use by 10 percent to save money, conserve energy 26 resources, and reduce pollution. 27 c. The department shall, with the goal of reducing costs, 28 reduce the size of the state fleet, examine policies on 29 when state vehicles are assigned and circumstances for when 30 employees take state vehicles home, and consider guidelines 31 for when to sell and purchase new vehicles. The department 32 shall submit a report to the general assembly by January 1, 33 2011, concerning the department’s efforts to reduce state motor 34 vehicle fleet costs, including data on the extent of savings 35 -1- LSB 5087JB (3) 83 ec/tm 1/ 23
S.F. _____ H.F. _____ realized. 1 2. Members of the general assembly serving as members of 2 the deferred compensation advisory board shall be entitled 3 to receive per diem and necessary travel and actual expenses 4 pursuant to section 2.10, subsection 5, while carrying out 5 their official duties as members of the board. 6 3. Any funds and premiums collected by the department for 7 workers’ compensation shall be segregated into a separate 8 workers’ compensation fund in the state treasury to be used 9 for payment of state employees’ workers’ compensation claims 10 and administrative costs. Notwithstanding section 8.33, 11 unencumbered or unobligated moneys remaining in this workers’ 12 compensation fund at the end of the fiscal year shall not 13 revert but shall be available for expenditure for purposes of 14 the fund for subsequent fiscal years. 15 4. For the fiscal year beginning July 1, 2010, and ending 16 June 30, 2011, the rate set for a service provided solely 17 by the department of administrative services as determined 18 pursuant to section 8.6, subsection 16, paragraph “c”, shall 19 not exceed the rate set for that service as of January 1, 2010. 20 Sec. 2. REVOLVING FUNDS. 21 1. There is appropriated to the department of 22 administrative services for the fiscal year beginning July 23 1, 2010, and ending June 30, 2011, from the revolving funds 24 designated in chapter 8A and from internal service funds 25 created by the department such amounts as the department deems 26 necessary for the operation of the department consistent with 27 the requirements of chapter 8A. 28 2. There is appropriated to the information technology 29 division of the department of management for the fiscal year 30 beginning July 1, 2010, and ending June 30, 2011, from the 31 revolving funds designated in chapter 8B and from internal 32 service funds created by the division such amounts as the 33 division deems necessary for the operation of the division 34 consistent with the requirements of chapter 8B. 35 -2- LSB 5087JB (3) 83 ec/tm 2/ 23
S.F. _____ H.F. _____ Sec. 3. FUNDING FOR IOWACCESS. 1 1. Notwithstanding section 321A.3, subsection 1, for 2 the fiscal year beginning July 1, 2010, and ending June 30, 3 2011, the first $1,000,000 collected and transferred by the 4 department of transportation to the treasurer of state with 5 respect to the fees for transactions involving the furnishing 6 of a certified abstract of a vehicle operating record under 7 section 321A.3, subsection 1, shall be transferred to the 8 IowAccess revolving fund for the purposes of developing, 9 implementing, maintaining, and expanding electronic access to 10 government records as provided by law. 11 2. All fees collected with respect to transactions 12 involving IowAccess shall be deposited in the IowAccess 13 revolving fund and shall be used only for the support of 14 IowAccess projects. 15 Sec. 4. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 16 CHARGE. For the fiscal year beginning July 1, 2010, and ending 17 June 30, 2011, the monthly per contract administrative charge 18 which may be assessed by the department of administrative 19 services shall be $2 per contract on all health insurance plans 20 administered by the department. 21 Sec. 5. AUDITOR OF STATE. 22 1. There is appropriated from the general fund of the state 23 to the office of the auditor of state for the fiscal year 24 beginning July 1, 2010, and ending June 30, 2011, the following 25 amount, or so much thereof as is necessary, to be used for 26 the purposes designated, and for not more than the following 27 full-time equivalent positions: 28 For salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 905,468 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 32 The auditor of state may retain additional full-time 33 equivalent positions as is reasonable and necessary to 34 perform governmental subdivision audits which are reimbursable 35 -3- LSB 5087JB (3) 83 ec/tm 3/ 23
S.F. _____ H.F. _____ pursuant to section 11.20 or 11.21, to perform audits which are 1 requested by and reimbursable from the federal government, and 2 to perform work requested by and reimbursable from departments 3 or agencies pursuant to section 11.5A or 11.5B. The auditor 4 of state shall notify the department of management, the 5 legislative fiscal committee, and the legislative services 6 agency of the additional full-time equivalent positions 7 retained. 8 2. As a condition of receiving funding appropriated in 9 this section, for the fiscal year beginning July 1, 2010, and 10 ending June 30, 2011, the auditor shall comply with all of the 11 following requirements: 12 a. The rates and fees set by the auditor to conduct audits 13 for the fiscal year shall not exceed the rates and fees set for 14 conducting audits as of January 1, 2009. 15 b. The auditor shall not seek reimbursement from 16 departments and agencies specified in section 11.5B in an 17 amount that exceeds the total amount reimbursed to the auditor 18 by those departments and agencies for the fiscal year beginning 19 July 1, 2008. 20 c. The auditor shall not seek reimbursement from 21 governmental subdivisions for audits which are reimbursable 22 pursuant to section 11.20 or 11.21 in an amount that exceeds 23 the total amount reimbursed to the auditor by governmental 24 subdivisions for the fiscal year beginning July 1, 2008. 25 d. Notwithstanding any provision of this subsection to the 26 contrary, the auditor may seek reimbursement from departments 27 and agencies specified in section 11.5B, and governmental 28 subdivisions, in an amount that exceeds the total amount 29 reimbursed to the auditor by those departments, agencies, or 30 governmental subdivisions for the fiscal year beginning July 31 1, 2008, for audits required by the federal government and 32 reimbursable from federal funds. 33 e. For purposes of this subsection, “total amount 34 reimbursed” does not include amounts reimbursed for audits 35 -4- LSB 5087JB (3) 83 ec/tm 4/ 23
S.F. _____ H.F. _____ required and reimbursed from federal funds. 1 Sec. 6. AUDITOR OF STATE —— DISCRETIONARY AUDITS. For the 2 fiscal year beginning July 1, 2010, and ending June 30, 2011, 3 the auditor of state, in addition to any other requirements 4 provided in this Act, shall not seek reimbursement from 5 departments and agencies specified in section 11.5B for any 6 discretionary audit that the auditor initiates or has initiated 7 on the auditor’s own authority and which is not specifically 8 required by statute. Notwithstanding the prohibition contained 9 in this section, the auditor shall perform all necessary audit 10 duties related to any financial report required to be compiled 11 by a department or agency that the auditor has previously 12 audited in the normal course of the auditor’s duties, whether 13 or not such financial report is required by law. Any amounts 14 reimbursed in association with such audit shall be limited to 15 the amounts reimbursed for the audit of such report during the 16 previous reporting period. However, the auditor of state may 17 seek reimbursement for the cost of conducting a discretionary 18 audit from any moneys recovered pursuant to any criminal or 19 civil action arising out of the discretionary audit. 20 Sec. 7. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 21 is appropriated from the general fund of the state to the 22 Iowa ethics and campaign disclosure board for the fiscal year 23 beginning July 1, 2010, and ending June 30, 2011, the following 24 amount, or so much thereof as is necessary, for the purposes 25 designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,256 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 31 Sec. 8. DEPARTMENT OF COMMERCE. 32 1. There is appropriated from the general fund of the 33 state to the department of commerce for the fiscal year 34 beginning July 1, 2010, and ending June 30, 2011, the following 35 -5- LSB 5087JB (3) 83 ec/tm 5/ 23
S.F. _____ H.F. _____ amounts, or so much thereof as is necessary, for the purposes 1 designated: 2 a. ALCOHOLIC BEVERAGES DIVISION 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,786,444 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.00 8 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,498 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 14 2. There is appropriated from the department of commerce 15 revolving fund created in section 546.12 to the department of 16 commerce for the fiscal year beginning July 1, 2010, and ending 17 June 30, 2011, the following amounts, or so much thereof as is 18 necessary, for the purposes designated: 19 a. BANKING DIVISION 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,851,670 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 25 b. CREDIT UNION DIVISION 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,995 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 31 c. INSURANCE DIVISION 32 (1) For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -6- LSB 5087JB (3) 83 ec/tm 6/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,928,244 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 2 (2) The insurance division may reallocate authorized 3 full-time equivalent positions as necessary to respond to 4 accreditation recommendations or requirements. The insurance 5 division expenditures for examination purposes may exceed the 6 projected receipts, refunds, and reimbursements, estimated 7 pursuant to section 505.7, subsection 7, including the 8 expenditures for retention of additional personnel, if the 9 expenditures are fully reimbursable and the division first does 10 both of the following: 11 (a) Notifies the department of management, the legislative 12 services agency, and the legislative fiscal committee of the 13 need for the expenditures. 14 (b) Files with each of the entities named in subparagraph 15 division (a) the legislative and regulatory justification for 16 the expenditures, along with an estimate of the expenditures. 17 (3) The insurance division shall allocate $10,000 from 18 the examination receipts for the payment of its fees to the 19 national conference of insurance legislators. 20 d. UTILITIES DIVISION 21 (1) For salaries, support, maintenance, and miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,173,069 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 72.00 26 (2) The utilities division may expend additional funds, 27 including funds for additional personnel, if those additional 28 expenditures are actual expenses which exceed the funds 29 budgeted for utility regulation and the expenditures are fully 30 reimbursable. Before the division expends or encumbers an 31 amount in excess of the funds budgeted for regulation, the 32 division shall first do both of the following: 33 (a) Notify the department of management, the legislative 34 services agency, and the legislative fiscal committee of the 35 -7- LSB 5087JB (3) 83 ec/tm 7/ 23
S.F. _____ H.F. _____ need for the expenditures. 1 (b) File with each of the entities named in subparagraph 2 division (a) the legislative and regulatory justification for 3 the expenditures, along with an estimate of the expenditures. 4 (3) Notwithstanding sections 8.33 and 476.10 or any other 5 provision to the contrary, any balance of the appropriation 6 made in this paragraph for the utilities division or any other 7 operational appropriation made for the fiscal year beginning 8 July 1, 2010, and ending June 30, 2011, that remains unused, 9 unencumbered, or unobligated at the close of the fiscal year 10 shall not revert but shall remain available to be used for 11 purposes of the energy-efficient building project authorized 12 under section 476.10B, or for relocation costs in succeeding 13 fiscal years. 14 3. CHARGES. Each division and the office of consumer 15 advocate shall include in its charges assessed or revenues 16 generated an amount sufficient to cover the amount stated 17 in its appropriation and any state-assessed indirect costs 18 determined by the department of administrative services. 19 4. TRAVEL. The director of the department of commerce shall 20 review on a quarterly basis all out-of-state travel for the 21 previous quarter for officers and employees of each division 22 of the department if the travel is not already authorized by 23 the executive council. 24 Sec. 9. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING 25 AND REGULATION BUREAU. There is appropriated from the housing 26 trust fund of the Iowa finance authority created in section 27 16.181, to the bureau of professional licensing and regulation 28 of the banking division of the department of commerce for the 29 fiscal year beginning July 1, 2010, and ending June 30, 2011, 30 the following amount, or so much thereof as is necessary, to be 31 used for the purposes designated: 32 For salaries, support, maintenance, and miscellaneous 33 purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,317 35 -8- LSB 5087JB (3) 83 ec/tm 8/ 23
S.F. _____ H.F. _____ Sec. 10. GOVERNOR AND LIEUTENANT GOVERNOR. There is 1 appropriated from the general fund of the state to the offices 2 of the governor and the lieutenant governor for the fiscal year 3 beginning July 1, 2010, and ending June 30, 2011, the following 4 amounts, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 1. GENERAL OFFICE 7 For salaries, support, maintenance, and miscellaneous 8 purposes for the general office of the governor and the general 9 office of the lieutenant governor, and for not more than the 10 following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,947,567 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.25 13 2. TERRACE HILL QUARTERS 14 For salaries, support, maintenance, and miscellaneous 15 purposes for the governor’s quarters at Terrace Hill, and for 16 not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 394,291 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 19 3. ADMINISTRATIVE RULES COORDINATOR 20 For salaries, support, maintenance, and miscellaneous 21 purposes for the office of administrative rules coordinator, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 114,450 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 26 4. NATIONAL GOVERNORS ASSOCIATION 27 For payment of Iowa’s membership in the national governors 28 association: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,300 30 5. STATE-FEDERAL RELATIONS 31 For salaries, support, maintenance, and miscellaneous 32 purposes for the office for state-federal relations, and for 33 not more than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,958 35 -9- LSB 5087JB (3) 83 ec/tm 9/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 1 Sec. 11. GOVERNOR’S OFFICE OF DRUG CONTROL POLICY. There 2 is appropriated from the general fund of the state to the 3 governor’s office of drug control policy for the fiscal year 4 beginning July 1, 2010, and ending June 30, 2011, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, and miscellaneous 8 purposes, including statewide coordination of the drug abuse 9 resistance education (D.A.R.E.) programs or similar programs, 10 and for not more than the following full-time equivalent 11 positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 357,866 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.00 14 Sec. 12. DEPARTMENT OF HUMAN RIGHTS. There is appropriated 15 from the general fund of the state to the department of human 16 rights for the fiscal year beginning July 1, 2010, and ending 17 June 30, 2011, the following amounts, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 1. CENTRAL ADMINISTRATION DIVISION 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 274,773 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 25 2. COMMUNITY ADVOCACY AND SERVICES DIVISION 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,247,926 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.20 31 3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -10- LSB 5087JB (3) 83 ec/tm 10/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,284,725 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.18 2 The criminal and juvenile justice planning advisory council 3 and the juvenile justice advisory council shall coordinate 4 their efforts in carrying out their respective duties relative 5 to juvenile justice. 6 Sec. 13. DEPARTMENT OF INSPECTIONS AND APPEALS. There 7 is appropriated from the general fund of the state to the 8 department of inspections and appeals for the fiscal year 9 beginning July 1, 2010, and ending June 30, 2011, the following 10 amounts, or so much thereof as is necessary, for the purposes 11 designated: 12 1. ADMINISTRATION DIVISION 13 For salaries, support, maintenance, and miscellaneous 14 purposes, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,984,510 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 39.25 18 As a condition of receiving funding appropriated in this 19 subsection, the department shall maintain the targeted small 20 business certification employee position within the division. 21 2. ADMINISTRATIVE HEARINGS DIVISION 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 609,585 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.00 27 3. INVESTIGATIONS DIVISION 28 For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,015,570 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 33 4. HEALTH FACILITIES DIVISION 34 a. For salaries, support, maintenance, and miscellaneous 35 -11- LSB 5087JB (3) 83 ec/tm 11/ 23
S.F. _____ H.F. _____ purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,380,108 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 139.75 4 b. The department shall, in coordination with the health 5 facilities division, make the following information available 6 to the public in a timely manner, to include providing the 7 information on the department's internet website, during the 8 fiscal year beginning July 1, 2010, and ending June 30, 2011: 9 (1) The number of inspections conducted by the division 10 annually by type of service provider and type of inspection. 11 (2) The total annual operations budget for the division, 12 including general fund appropriations and federal contract 13 dollars received by type of service provider inspected. 14 (3) The total number of full-time equivalent positions in 15 the division, to include the number of full-time equivalent 16 positions serving in a supervisory capacity, and serving as 17 surveyors, inspectors, or monitors in the field by type of 18 service provider inspected. 19 (4) Identification of state and federal survey trends, 20 cited regulations, the scope and severity of deficiencies 21 identified, and federal and state fines assessed and collected 22 concerning nursing and assisted living facilities and programs. 23 (5) The fiscal impact of additional full-time equivalent 24 positions on the department’s efforts relative to the Medicaid 25 divestiture program under Code chapter 249F. 26 c. It is the intent of the general assembly that the 27 department and division continuously solicit input from 28 facilities regulated by the division to assess and improve 29 the division's level of collaboration and to identify new 30 opportunities for cooperation. 31 5. EMPLOYMENT APPEAL BOARD 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -12- LSB 5087JB (3) 83 ec/tm 12/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,318 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 2 The employment appeal board shall be reimbursed by the labor 3 services division of the department of workforce development 4 for all costs associated with hearings conducted under chapter 5 91C, related to contractor registration. The board may expend, 6 in addition to the amount appropriated under this subsection, 7 additional amounts as are directly billable to the labor 8 services division under this subsection and to retain the 9 additional full-time equivalent positions as needed to conduct 10 hearings required pursuant to chapter 91C. 11 6. CHILD ADVOCACY BOARD 12 For foster care review and the court appointed special 13 advocate program, including salaries, support, maintenance, and 14 miscellaneous purposes, and for not more than the following 15 full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,920,367 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.04 18 a. The department of human services, in coordination with 19 the child advocacy board and the department of inspections and 20 appeals, shall submit an application for funding available 21 pursuant to Tit. IV-E of the federal Social Security Act for 22 claims for child advocacy board administrative review costs. 23 b. The court appointed special advocate program shall 24 investigate and develop opportunities for expanding 25 fund-raising for the program. 26 c. Administrative costs charged by the department of 27 inspections and appeals for items funded under this subsection 28 shall not exceed 4 percent of the amount appropriated in this 29 subsection. 30 d. Notwithstanding any provision of sections 237.18 and 31 237.20 to the contrary, the child advocacy board may establish 32 up to six pilot projects using alternative policies to guide 33 the selection of cases and the procedures used by local 34 citizen foster care review boards as they review cases of 35 -13- LSB 5087JB (3) 83 ec/tm 13/ 23
S.F. _____ H.F. _____ children who received or are receiving foster care or other 1 out-of-home placement services while under the supervision of 2 the department of human services. Policies to guide the pilot 3 project case selection and review time frames and reporting 4 formats shall be approved by the department of human services, 5 state court administrator, and the chief judge of any judicial 6 district in which a pilot project is to be implemented. The 7 child advocacy board shall report to the governor and general 8 assembly by January 1, 2011, on the progress of any new 9 approaches and their impact on efficiencies and case outcomes. 10 Sec. 14. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL 11 CORPORATION FOOD INSPECTIONS. For the fiscal year beginning 12 July 1, 2010, and ending June 30, 2011, the department of 13 inspections and appeals shall retain any license fees generated 14 during the fiscal year as a result of actions under section 15 137F.3A occurring during the fiscal year beginning July 1, 16 2009, and ending June 30, 2010, for the purpose of enforcing 17 the provisions of chapters 137C, 137D, and 137F. 18 Sec. 15. MEDICAID FRAUD ACCOUNT APPROPRIATION —— DEPARTMENT 19 OF INSPECTIONS AND APPEALS. There is appropriated from 20 the Medicaid fraud account created in section 249A.7 to the 21 department of inspections and appeals for the fiscal year 22 beginning July 1, 2010, and ending June 30, 2011, the amounts 23 necessary for the purposes designated: 24 1. To cover the cost of any state match to draw down 25 matching federal funds through the department of human services 26 for additional full-time equivalent positions for conducting 27 investigations of alleged fraud and overpayments of food 28 assistance benefits through electronic benefits transfer. 29 2. To cover the cost of any state match to draw down 30 the necessary federal match through the department of 31 human services and with the approval of the department of 32 management for additional full-time equivalent positions for 33 investigations of alleged fraud and overpayments under Code 34 chapter 249F. 35 -14- LSB 5087JB (3) 83 ec/tm 14/ 23
S.F. _____ H.F. _____ 3. For the state financial match requirement for meeting 1 the federal mandates connected with the department’s Medicaid 2 fraud and abuse activities, and the amount necessary to cover 3 costs incurred by the department or other agencies in providing 4 regulation, responding to allegations, or other activity 5 involving chapter 135O. 6 Sec. 16. RACING AND GAMING COMMISSION. 7 1. RACETRACK REGULATION 8 There is appropriated from the general fund of the state 9 to the racing and gaming commission of the department of 10 inspections and appeals for the fiscal year beginning July 11 1, 2010, and ending June 30, 2011, the following amount, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes for the regulation of pari-mutuel racetracks, and for 16 not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,637,614 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53 19 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION 20 There is appropriated from the general fund of the state 21 to the racing and gaming commission of the department of 22 inspections and appeals for the fiscal year beginning July 23 1, 2010, and ending June 30, 2011, the following amount, or 24 so much thereof as is necessary, to be used for the purposes 25 designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes for administration and enforcement of the excursion 28 boat gambling and gambling structure laws, and for not more 29 than the following full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,034,862 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 42.22 32 However, if more than 14 licenses to operate gambling games 33 on a gambling structure or excursion gambling boat are issued 34 during the fiscal year beginning July 1, 2010, and ending June 35 -15- LSB 5087JB (3) 83 ec/tm 15/ 23
S.F. _____ H.F. _____ 30, 2011, there is appropriated from the general fund to the 1 department an additional amount of not more than $166,116 for 2 not more than 2.00 full-time equivalent positions for each 3 licensed gambling structure or excursion gambling boat in 4 excess of 14. 5 Sec. 17. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF 6 INSPECTIONS AND APPEALS. There is appropriated from the road 7 use tax fund created in section 312.1 to the administrative 8 hearings division of the department of inspections and appeals 9 for the fiscal year beginning July 1, 2010, and ending June 30, 10 2011, the following amount, or so much thereof as is necessary, 11 for the purposes designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,623,897 15 Sec. 18. DEPARTMENT OF MANAGEMENT. There is appropriated 16 from the general fund of the state to the department of 17 management for the fiscal year beginning July 1, 2010, and 18 ending June 30, 2011, the following amounts, or so much thereof 19 as is necessary, to be used for the purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,188,649 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 60.40 25 Of the moneys appropriated in this section, the department 26 shall use a portion for enterprise resource planning, providing 27 for a salary model administrator, conducting performance 28 audits, and for the department’s LEAN process. 29 Sec. 19. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF 30 MANAGEMENT. There is appropriated from the road use tax fund 31 created in section 312.1 to the department of management for 32 the fiscal year beginning July 1, 2010, and ending June 30, 33 2011, the following amount, or so much thereof as is necessary, 34 to be used for the purposes designated: 35 -16- LSB 5087JB (3) 83 ec/tm 16/ 23
S.F. _____ H.F. _____ For salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,000 3 Sec. 20. DEPARTMENT OF REVENUE. There is appropriated from 4 the general fund of the state to the department of revenue 5 for the fiscal year beginning July 1, 2010, and ending June 6 30, 2011, the following amounts, or so much thereof as is 7 necessary, to be used for the purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,729,219 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 360.07 13 Of the funds appropriated pursuant to this section, $400,000 14 shall be used to pay the direct costs of compliance related to 15 the collection and distribution of local sales and services 16 taxes imposed pursuant to chapters 423B and 423E. 17 The director of revenue shall prepare and issue a state 18 appraisal manual and the revisions to the state appraisal 19 manual as provided in section 421.17, subsection 17, without 20 cost to a city or county. 21 The director of revenue shall provide a report to the general 22 assembly by January 10, 2011, concerning the impact on revenues 23 collected by the department relative to any increase in 24 examiners authorized for the department in legislation enacted 25 during the 2010 session of the general assembly. 26 Sec. 21. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 27 appropriated from the motor fuel tax fund created by section 28 452A.77 to the department of revenue for the fiscal year 29 beginning July 1, 2010, and ending June 30, 2011, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 For salaries, support, maintenance, and miscellaneous 33 purposes for administration and enforcement of the provisions 34 of chapter 452A and the motor vehicle use tax program: 35 -17- LSB 5087JB (3) 83 ec/tm 17/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,305,775 1 Sec. 22. SECRETARY OF STATE. There is appropriated from 2 the general fund of the state to the office of the secretary of 3 state for the fiscal year beginning July 1, 2010, and ending 4 June 30, 2011, the following amounts, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,895,585 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 43.00 11 The state department or state agency which provides data 12 processing services to support voter registration file 13 maintenance and storage shall provide those services without 14 charge. 15 Sec. 23. SECRETARY OF STATE FILING FEES REFUND. 16 Notwithstanding the obligation to collect fees pursuant to the 17 provisions of section 490.122, subsection 1, paragraphs “a” and 18 “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, 19 “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 20 1, 2010, the secretary of state may refund these fees to the 21 filer pursuant to rules established by the secretary of state. 22 The decision of the secretary of state not to issue a refund 23 under rules established by the secretary of state is final and 24 not subject to review pursuant to the provisions of the Iowa 25 administrative procedure Act, chapter 17A. 26 Sec. 24. TREASURER. There is appropriated from the general 27 fund of the state to the office of treasurer of state for the 28 fiscal year beginning July 1, 2010, and ending June 30, 2011, 29 the following amount, or so much thereof as is necessary, to be 30 used for the purposes designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 854,289 35 -18- LSB 5087JB (3) 83 ec/tm 18/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80 1 The office of treasurer of state shall supply clerical and 2 secretarial support for the executive council. 3 Sec. 25. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER 4 OF STATE. There is appropriated from the road use tax fund 5 created in section 312.1 to the office of treasurer of state 6 for the fiscal year beginning July 1, 2010, and ending June 30, 7 2011, the following amount, or so much thereof as is necessary, 8 to be used for the purposes designated: 9 For enterprise resource management costs related to the 10 distribution of road use tax funds: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,148 12 Sec. 26. IPERS —— GENERAL OFFICE. There is appropriated 13 from the Iowa public employees’ retirement system fund to the 14 Iowa public employees’ retirement system for the fiscal year 15 beginning July 1, 2010, and ending June 30, 2011, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purposes designated: 18 For salaries, support, maintenance, and other operational 19 purposes to pay the costs of the Iowa public employees’ 20 retirement system, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,686,968 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13 24 Sec. 27. REBUILD IOWA OFFICE. There is appropriated from 25 the general fund of the state to the rebuild Iowa office for 26 the fiscal year beginning July 1, 2010, and ending June 30, 27 2011, the following amount, or so much thereof as is necessary, 28 to be used for the purposes designated: 29 For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 923,000 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 34 It is the intent of the general assembly that the rebuild 35 -19- LSB 5087JB (3) 83 ec/tm 19/ 23
S.F. _____ H.F. _____ Iowa office shall be repealed effective June 30, 2011, and 1 shall not receive an appropriation from the general fund of the 2 state after that date. 3 DIVISION II 4 AUDITS 5 Sec. 28. Section 8D.13, subsection 13, Code 2009, is amended 6 by striking the subsection. 7 Sec. 29. Section 11.5B, Code 2009, is amended by adding the 8 following new subsections: 9 NEW SUBSECTION . 16. Financial administration duties of the 10 department of management as provided in sections 8.71 through 11 8.99. 12 NEW SUBSECTION . 17. Information technology division of the 13 department of management. 14 Sec. 30. Section 182.18, unnumbered paragraph 1, Code 2009, 15 is amended to read as follows: 16 Moneys collected under this chapter are subject to audit by 17 the auditor of state and shall be used by the Iowa sheep and 18 wool promotion board first for the payment of collection and 19 refund expenses, second for payment of the costs and expenses 20 arising in connection with conducting referendums, and third 21 for the purposes identified in section 182.11 , and fourth for 22 the cost of audits for the auditor of state . Moneys of the 23 board remaining after a referendum is held at which a majority 24 of the voters favor termination of the board and the assessment 25 shall continue to be expended in accordance with this chapter 26 until exhausted. The auditor of state may seek reimbursement 27 for the cost of the audit. 28 Sec. 31. Section 184.14, unnumbered paragraph 2, Code 2009, 29 is amended to read as follows: 30 Moneys collected, deposited in the fund, and transferred 31 to the council as provided in this chapter are subject to 32 audit by the auditor of state. The auditor of state may 33 seek reimbursement for the cost of the audit. The moneys 34 transferred to the council shall be used by the council first 35 -20- LSB 5087JB (3) 83 ec/tm 20/ 23
S.F. _____ H.F. _____ for the payment of collection expenses, second for payment of 1 the costs and expenses arising in connection with conducting 2 referendums, and third to perform the functions and carry out 3 the duties of the council as provided in this chapter , and 4 fourth for the cost of audits by the auditor of state . Moneys 5 remaining after the council is abolished and the imposition of 6 an assessment is terminated pursuant to a referendum conducted 7 pursuant to section 184.5 shall continue to be expended in 8 accordance with this chapter until exhausted. 9 Sec. 32. Section 184A.6, subsection 2, Code 2009, is amended 10 to read as follows: 11 2. The council shall expend moneys from the account first 12 for the payment of expenses for the collection of assessments, 13 and then second for the payment of expenses related to 14 conducting a referendum as provided in section 184A.12 , 15 and third for the cost of audits by the auditor of state as 16 required in section 184A.9 . The council shall expend remaining 17 moneys for market development, producer education, and the 18 payment of refunds to producers as provided in this chapter. 19 Sec. 33. Section 184A.9, Code 2009, is amended to read as 20 follows: 21 184A.9 Audit. 22 Moneys required to be deposited in the turkey council 23 account as provided in section 184A.4 shall be subject to 24 audit by the auditor of state. The auditor of state may seek 25 reimbursement for the cost of the audit from moneys deposited 26 in the turkey council account. 27 Sec. 34. Section 185C.26, Code 2009, is amended to read as 28 follows: 29 185C.26 Deposit of moneys —— corn promotion fund. 30 A state assessment collected by the board from a sale of corn 31 shall be deposited in the office of the treasurer of state in 32 a special fund known as the corn promotion fund. The fund may 33 include any gifts, rents, royalties, interest, license fees, 34 or a federal or state grant received by the board. Moneys 35 -21- LSB 5087JB (3) 83 ec/tm 21/ 23
S.F. _____ H.F. _____ collected, deposited in the fund, and transferred to the board 1 as provided in this chapter shall be subject to audit by the 2 auditor of state. The auditor of state may seek reimbursement 3 for the cost of the audit from moneys deposited in the fund as 4 provided in this chapter. The department of administrative 5 services shall transfer moneys from the fund to the board 6 for deposit into an account established by the board in a 7 qualified financial institution. The department shall transfer 8 the moneys as provided in a resolution adopted by the board. 9 However, the department is only required to transfer moneys 10 once during each day and only during hours when the offices of 11 the state are open. From moneys collected, the board shall 12 first pay all the direct and indirect costs incurred by the 13 secretary and the costs of referendums, elections, and other 14 expenses incurred in the administration of this chapter, before 15 moneys may be expended for the purpose of carrying out the 16 purposes of this chapter as provided in section 185C.11. 17 EXPLANATION 18 Division I of this bill relates to and appropriates moneys 19 to various state departments, agencies, and funds for the 20 fiscal year beginning July 1, 2010, and ending June 30, 2011. 21 The division makes appropriations to state departments and 22 agencies including the department of administrative services, 23 auditor of state, Iowa ethics and campaign disclosure board, 24 department of commerce, offices of governor and lieutenant 25 governor, Terrace Hill quarters and drug control policy office, 26 department of human rights, department of inspections and 27 appeals, department of management, Iowa public employees’ 28 retirement system, secretary of state, treasurer of state, and 29 department of revenue, and the rebuild Iowa office. The bill 30 also appropriates funding for the state’s membership in the 31 national governors association. 32 Division II concerns audits performed by the auditor of 33 state. 34 Code section 8D.13, concerning the Iowa communications 35 -22- LSB 5087JB (3) 83 ec/tm 22/ 23
S.F. _____ H.F. _____ network, is amended to eliminate the requirement that the 1 auditor of state examine, no less than annually, the financial 2 condition and transactions of the Iowa telecommunications and 3 technology commission. 4 Code section 11.5B, concerning repayment of audit expenses 5 by state departments, is amended to provide that audits 6 relative to the financial administration duties of the 7 department of management and the information technology 8 division of the department of management are reimbursable. 9 The division also provides that the cost of audits required 10 to be conducted by the auditor for the Iowa corn promotion 11 board, Iowa sheep and wool promotion board, Iowa egg council, 12 and the Iowa turkey council may be reimbursed from moneys 13 collected by the applicable board or council. 14 -23- LSB 5087JB (3) 83 ec/tm 23/ 23