House File 45 - Introduced HOUSE FILE 45 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 1) A BILL FOR An Act relating to public funding and regulatory matters and 1 making, reducing, and transferring appropriations and 2 revising fund amounts and including effective, retroactive, 3 and other applicability date provisions, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1319HV (4) 84 jp/tm
H.F. 45 DIVISION I 1 TAX RELIEF FUND 2 Section 1. Section 8.55, subsection 2, Code 2011, is amended 3 to read as follows: 4 2. a. The maximum balance of the fund is the amount equal 5 to two and one-half percent of the adjusted revenue estimate 6 for the fiscal year. If the amount of moneys in the Iowa 7 economic emergency fund is equal to the maximum balance, moneys 8 in excess of this amount shall be transferred to the general 9 tax relief fund. 10 b. Notwithstanding paragraph “a” , any moneys in excess of 11 the maximum balance in the economic emergency fund after the 12 distribution of the surplus in the general fund of the state 13 at the conclusion of each fiscal year shall not be transferred 14 to the general tax relief fund of the state but shall be 15 transferred to the senior living trust fund. The total amount 16 appropriated, reverted, or transferred, in the aggregate, under 17 this paragraph, section 8.57, subsection 2 , and any other law 18 providing for an appropriation or reversion or transfer of an 19 appropriation to the credit of the senior living trust fund, 20 for all fiscal years beginning on or after July 1, 2004, shall 21 not exceed the amount specified in section 8.57, subsection 2 , 22 paragraph “c” . 23 Sec. 2. NEW SECTION . 8.57E Tax relief fund. 24 1. The tax relief fund is created. The fund shall be 25 separate from the general fund of the state and the balance in 26 the fund shall not be considered part of the balance of the 27 general fund of the state. The moneys credited to the fund 28 are not subject to section 8.33 and shall not be transferred, 29 used, obligated, appropriated, or otherwise encumbered except 30 as provided in this section. 31 2. Moneys in the tax relief fund shall only be used as 32 pursuant to appropriations made by the general assembly to 33 reduce taxes. 34 3. a. Moneys in the fund may be used for cash flow purposes 35 -1- LSB 1319HV (4) 84 jp/tm 1/ 63
H.F. 45 during a fiscal year provided that any moneys so allocated are 1 returned to the fund by the end of that fiscal year. 2 b. Except as provided in section 8.58, the tax relief fund 3 shall be considered a special account for the purposes of 4 section 8.53 in determining the cash position of the general 5 fund of the state for the payment of state obligations. 6 4. Notwithstanding section 12C.7, subsection 2, interest 7 or earnings on moneys deposited in the tax relief fund shall 8 be credited to the fund. 9 Sec. 3. Section 8.58, Code 2011, is amended to read as 10 follows: 11 8.58 Exemption from automatic application. 12 1. To the extent that moneys appropriated under section 13 8.57 do not result in moneys being credited to the general 14 fund under section 8.55, subsection 2 , moneys appropriated 15 under section 8.57 and moneys contained in the cash reserve 16 fund, rebuild Iowa infrastructure fund, environment first 17 fund, and Iowa economic emergency fund , and tax relief fund 18 shall not be considered in the application of any formula, 19 index, or other statutory triggering mechanism which would 20 affect appropriations, payments, or taxation rates, contrary 21 provisions of the Code notwithstanding. 22 2. To the extent that moneys appropriated under section 23 8.57 do not result in moneys being credited to the general fund 24 under section 8.55, subsection 2 , moneys appropriated under 25 section 8.57 and moneys contained in the cash reserve fund, 26 rebuild Iowa infrastructure fund, environment first fund, and 27 Iowa economic emergency fund , and tax relief fund shall not be 28 considered by an arbitrator or in negotiations under chapter 29 20 . 30 Sec. 4. TAX RELIEF FUND —— LEGISLATIVE INTENT. It is the 31 intent of the general assembly to enact appropriations from the 32 tax relief fund created by this division of this Act pursuant 33 to tax relief legislation which shall be proposed by the 34 standing committees on ways and means of the senate and house 35 -2- LSB 1319HV (4) 84 jp/tm 2/ 63
H.F. 45 of representatives. 1 Sec. 5. EFFECTIVE DATE AND APPLICABILITY. 2 1. This division of this Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 2. The amendment in this division to section 8.55, providing 5 for transfer of moneys from the Iowa economic emergency fund 6 to the tax relief fund instead of the general fund of the state 7 applies to transfers made from the Iowa economic emergency fund 8 after the effective date of this division and the state general 9 fund expenditure limitation calculated for the fiscal year 10 beginning July 1, 2011, shall be adjusted accordingly. 11 DIVISION II 12 UNIFORM PROVISIONS 13 Sec. 6. GROUP HEALTH INSURANCE PREMIUM COSTS FOR STATE 14 EMPLOYEES. 15 1. The state’s executive and judicial branch authorities 16 responsible for negotiating the collective bargaining 17 agreements entered into under chapter 20 shall engage in 18 discussions with the applicable state employee organizations 19 to renegotiate provisions involving health insurance coverage 20 of state employees and their families in order to achieve cost 21 savings for the state. The discussions shall include but 22 are not limited to a requirement for a state employee who is 23 covered by a collective bargaining agreement and is a member of 24 state group health insurance plan for employees of the state 25 established under chapter 509A to pay at least one hundred 26 dollars per month of the total premium for such health plan 27 coverage for single persons or increase the amount paid per 28 month for family coverage by the same amount that would be paid 29 for the single persons coverage. 30 2. If collective bargaining agreements are renegotiated 31 to achieve cost savings pursuant to subsection 1, the cost 32 savings provisions shall also apply to state employees who are 33 not covered by collective bargaining as provided in chapter 34 20 and are members of a state group health insurance plan for 35 -3- LSB 1319HV (4) 84 jp/tm 3/ 63
H.F. 45 employees of the state established under chapter 509A. 1 3. Beginning on the effective date of this section or 2 March 1, 2011, whichever is earlier, a state legislator or 3 legislative staff member who is a member of a state group 4 health insurance plan for employees of the state established 5 under chapter 509A shall pay at least one hundred dollars per 6 month of the total premium for such health care coverage for 7 single persons or increase the amount paid per month for family 8 coverage by the same amount that would be paid for the single 9 persons coverage. The payment amount shall be determined 10 by the legislative council, subject to the minimum amount 11 specified in this subsection. 12 Sec. 7. STATE AGENCY OFFICE SUPPLIES, OUTSIDE SERVICES 13 PURCHASE, EQUIPMENT PURCHASES, PRINTING AND BINDING, 14 INFORMATION TECHNOLOGY, AND MARKETING. 15 1. For the purposes of this section, “department” means the 16 same as defined in section 8.2. 17 2. a. For the period beginning on the effective date of 18 this section through the close of the fiscal year ending on 19 June 30, 2011, each state department shall be subject to a 20 limitation on expenditures made on or after the effective date 21 of this section for office supplies, outside services purchase, 22 purchases of equipment, office equipment, and equipment 23 noninventory, printing and binding, information technology, and 24 marketing in accordance with this section. 25 b. The limitation shall be equal to 50 percent of the 26 unexpended or unencumbered amount that a department has 27 budgeted or otherwise designated for purposes of office 28 supplies, outside services purchase, purchases of equipment, 29 office equipment, and equipment noninventory, printing and 30 binding, information technology, and marketing from the 31 appropriations made from all sources for the fiscal year 32 beginning July 1, 2010, and ending June 30, 2011, to the 33 department from all sources, as of the effective date of this 34 section. 35 -4- LSB 1319HV (4) 84 jp/tm 4/ 63
H.F. 45 c. If another provision of this Act directs a department 1 to apply a limitation on expenditures made for information 2 technology or reduces the information technology portion of 3 an appropriation made to the department, such limitation or 4 reduction shall be in lieu of the limitation on expenditures 5 for information technology otherwise applicable under 6 this subsection. The limitation on information technology 7 expenditures otherwise required by this subsection does not 8 apply to services provided by the public broadcasting division 9 of the department of education or such expenditures for 10 information technology previously approved for the division. 11 3. For the period beginning on the effective date of this 12 section through the close of the fiscal year ending on June 30, 13 2011, out-of-state travel by an employee of a department, which 14 travel is funded in whole or in part by an appropriation from 15 the general fund of the state, shall not be authorized unless 16 a waiver for the travel is approved by the executive council. 17 The executive council shall adopt waiver criteria based on the 18 relative importance of the travel to fulfilling statutorily 19 required duties, the potential for the travel to bring cost 20 savings or enhanced revenues for the state, and other means 21 to determine whether the benefit or potential benefit of the 22 travel significantly outweighs the potential cost. 23 4. The committees on appropriations of the senate and 24 house of representatives shall recommend legislation applying 25 a directive for the executive branch to implement a master 26 marketing contract for state agencies that commences on or 27 before July 1, 2011. 28 5. The reductions in appropriations made in another 29 division of this Act, by amendment to 2010 Iowa Acts, chapter 30 1183, section 10, applicable to the state board of regents 31 and institutions under the state board, are in lieu of the 32 limitations on expenditures and travel that would otherwise be 33 applied to the state board and the institutions under the state 34 board pursuant to this section. 35 -5- LSB 1319HV (4) 84 jp/tm 5/ 63
H.F. 45 6. The appropriations to which the expenditure reductions 1 required by this section are attributed shall be reduced by the 2 amount of the expenditure reductions. Within 30 days of the 3 enactment date of this section, the department of management 4 shall apply such appropriation reductions and shall submit a 5 report to the general assembly and legislative services agency 6 itemizing the expenditure and appropriation reductions applied. 7 Sec. 8. STATE RECORDS STORAGE. The agencies of state 8 government that have state records stored in locations within 9 flood plains shall, within six months of the effective date of 10 this storage, find storage space for the records that is not 11 located within a flood plain. 12 Sec. 9. REVENUE ESTIMATING CONFERENCE MEETING. Upon the 13 request of the speaker of the house of representatives or 14 the majority leader of the senate, the revenue estimating 15 conference shall meet on a date in February or March 2011, as 16 specified in the request. At this meeting, in addition to the 17 estimates normally agreed to at the meetings of the conference, 18 the conference shall also agree on estimates for fiscal year 19 2012-2013. 20 Sec. 10. Section 7E.3, Code 2011, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 5. Adult unauthorized aliens. Unless 23 expressly authorized by federal or state law, ensure that the 24 public benefits administered by the department or independent 25 agency are not provided to adults who are unauthorized aliens 26 not lawfully present in the United States. 27 Sec. 11. NEW SECTION . 8A.440 Group health insurance premium 28 costs. 29 1. Collective bargaining agreements entered into pursuant 30 to chapter 20 for state employees shall provide that a state 31 employee covered by that agreement who is a member of a 32 state group health insurance plan for employees of the state 33 established under chapter 509A shall pay at least one hundred 34 dollars per month of the total premium for such insurance for 35 -6- LSB 1319HV (4) 84 jp/tm 6/ 63
H.F. 45 single persons or increase the amount paid per month for family 1 coverage by the same amount that would be paid for the single 2 persons coverage. 3 2. A state employee not covered by a collective bargaining 4 agreement as provided in chapter 20 who is a member of a 5 state group health insurance plan for employees of the state 6 established under chapter 509A shall pay the same amount per 7 month of the total premium for such insurance as is paid under 8 the collective bargaining agreement that covers the greatest 9 number of state employees in the state government entity 10 employing the state employee. 11 Sec. 12. Section 68B.8, Code 2011, is amended by adding the 12 following new unnumbered paragraph: 13 NEW UNNUMBERED PARAGRAPH . A state agency of the executive 14 branch of state government shall not employ a person through 15 the use of its public funds whose position with the agency is 16 primarily representing the agency relative to the passage, 17 defeat, approval, or modification of legislation that is being 18 considered by the general assembly. 19 Sec. 13. APPLICABILITY. The provision of this division 20 of this Act enacting section 8A.440, applies to collective 21 bargaining agreements entered into on or after the effective 22 date of this division of this Act. 23 Sec. 14. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION III 27 ADMINISTRATION AND REGULATION 28 Sec. 15. JOINT APPROPRIATIONS SUBCOMMITTEE ON 29 ADMINISTRATION AND REGULATION REQUIREMENTS. The joint 30 appropriations subcommittee on administration and regulation 31 shall develop and, on or before April 4, 2011, shall submit 32 recommended implementation provisions to the general assembly’s 33 committees on appropriations in proposed legislation concerning 34 all of the following: 35 -7- LSB 1319HV (4) 84 jp/tm 7/ 63
H.F. 45 1. Eliminating and selling the pool of state-owned 1 passenger vehicles located in Polk county for temporary 2 assignment to multiple drivers of a department or agency that 3 is located within Polk county. The recommendations shall not 4 encompass vehicles assigned for law enforcement purposes or for 5 specialized use by the department of natural resources. 6 2. Outsourcing state vehicle leasing through a private 7 entity to fill the needs addressed by the vehicles subject to 8 sale under subsection 1. 9 Sec. 16. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 10 STATE-OWNED PASSENGER VEHICLES. 11 1. Consistent with the requirements of section 8A.361, for 12 the period beginning on the effective date of this section 13 and ending June 30, 2011, the department of administrative 14 services shall be the sole department authorized to operate a 15 pool of passenger vehicles located in Polk county for temporary 16 assignment to multiple drivers of a state department or agency 17 that is located within Polk county. For that period, the 18 department shall not purchase new passenger vehicles for the 19 pool. 20 2. For purposes of this section, “passenger vehicles” 21 means United States environmental protection agency designated 22 compact sedans, compact wagons, midsize sedans, midsize 23 wagons, full-size sedans, and passenger minivans. “Passenger 24 vehicles” does not mean utility vehicles, vans other than 25 passenger minivans, fire trucks, ambulances, motor homes, 26 buses, medium-duty and heavy-duty trucks, heavy construction 27 equipment, and other highway maintenance vehicles, vehicles 28 assigned for law enforcement purposes, vehicles assigned for 29 specialized use by the department of natural resources, and any 30 other classes of vehicles of limited application approved by 31 the director of the department of administrative services. 32 Sec. 17. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 33 SPACE —— COST-BENEFIT ANALYSIS. Following the filing of the 34 cost-benefit analysis required pursuant to 2010 Iowa Acts, 35 -8- LSB 1319HV (4) 84 jp/tm 8/ 63
H.F. 45 chapter 1184, section 49, the department of administrative 1 services shall locate state employees in office space in the 2 most cost-efficient manner possible. However, the department 3 shall not pay penalties for the early termination of a lease 4 for office space outside of the capitol complex. 5 Sec. 18. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The 6 Iowa telecommunications and technology commission shall 7 implement a request for proposals process to sell or lease 8 the Iowa communications network, or to lease capacity on 9 the network as provided in section 8D.13A. The request for 10 proposals shall provide for the sale to be concluded or the 11 lease to commence during the fiscal year beginning July 1, 12 2011. The commission shall condition the sale or lease of the 13 Iowa communications network with terms that will allow existing 14 authorized users of the network to continue such use at a 15 lower overall long-term cost when compared to the anticipated 16 operation and maintenance costs if state ownership and control 17 were to continue. The commission shall ensure that a lease 18 for capacity on the network is subject to terms and conditions 19 that will ensure continued access to the network by existing 20 authorized users while also satisfying the requirements of 21 section 8D.13A. Public funds shall not be used to secure 22 the purchase of the network. The commission shall submit 23 periodic status reports to the general assembly at three-month 24 intervals, beginning on October 1, 2011, regarding progress 25 made toward selling or leasing the network. 26 Sec. 19. TRANSFER FROM CASH RESERVE FUND. Any amount 27 transferred by the department of management from the cash 28 reserve fund pursuant to 2010 Iowa Acts, chapter 1193, section 29 28, to an appropriation made from any source to the Iowa ethics 30 and campaign disclosure board for the fiscal year beginning 31 July 1, 2010, and ending June 30, 2011, is transferred to the 32 cash reserve fund on the effective date of this section. 33 Sec. 20. NEW SECTION . 8D.13A Lease of network capacity. 34 1. Notwithstanding any provision of this chapter to the 35 -9- LSB 1319HV (4) 84 jp/tm 9/ 63
H.F. 45 contrary, the commission is authorized to enter into leases to 1 provide access to the network to qualified providers who are 2 not otherwise authorized to use the network for the purpose of 3 reselling that access on a wholesale or retail basis. A lease 4 entered into pursuant to this section shall be in accordance 5 with terms and conditions agreed to between such provider and 6 the commission. The commission shall not benefit one provider 7 over another through the terms and conditions established for 8 access to the network and each provider shall be responsible 9 for all costs associated with becoming a part of the network or 10 using the network to deliver services on a wholesale or retail 11 basis. 12 2. Leases entered into pursuant to this section shall 13 be based upon terms that comply with all of the following 14 requirements: 15 a. Sufficient revenue is provided to cover the costs of 16 network operation as determined by the commission. 17 b. Access to network capacity is provided at a cost to 18 the qualified providers that results in lower costs to the 19 customers of such providers. 20 3. Notwithstanding section 8D.14, subsection 1, at the 21 close of each fiscal year, the commission shall transfer to the 22 general fund of the state all remaining funds after the payment 23 of the expenses of operating and maintaining the network which 24 shall include but is not limited to retention of sufficient 25 funds to cover sixty days of network costs. 26 Sec. 21. 2010 Iowa Acts, chapter 1189, section 7, is amended 27 to read as follows: 28 SEC. 7. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 29 is appropriated from the general fund of the state to the 30 Iowa ethics and campaign disclosure board for the fiscal year 31 beginning July 1, 2010, and ending June 30, 2011, the following 32 amount, or so much thereof as is necessary, for the purposes 33 designated: 34 For salaries, support, maintenance, and miscellaneous 35 -10- LSB 1319HV (4) 84 jp/tm 10/ 63
H.F. 45 purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,256 3 475,608 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 5 4.00 6 Sec. 22. 2010 Iowa Acts, chapter 1193, section 29, is 7 amended to read as follows: 8 SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY. There is appropriated from the general 10 fund of the state to the department of administrative services 11 for the fiscal year beginning July 1, 2010, and ending June 30, 12 2011, the following amount, or so much thereof as is necessary, 13 to be used for the purposes designated: 14 For implementing 2010 Iowa Acts, Senate File 2088, division 15 I, including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 18 1. For the period beginning on the effective date of this 19 section through June 30, 2011, the department of administrative 20 services shall be subject to a limitation on expenditures made 21 for information technology procurement equal to 50 percent 22 of the unexpended or unencumbered amount remaining from the 23 appropriation made in this section, as of the effective date of 24 this section. 25 2. Notwithstanding any provision to the contrary, 26 commencing with the fiscal year beginning July 1, 2011, 27 the department of management shall designate the department 28 of administrative services as the provider for information 29 technology services for purposes of providing such services to 30 agencies and other governmental entities with the following 31 exceptions: 32 a. The office of the governor or the office of an elective 33 constitutional or statutory officer. 34 b. The general assembly, or any office or unit under its 35 -11- LSB 1319HV (4) 84 jp/tm 11/ 63
H.F. 45 administrative authority. 1 c. The judicial branch, as provided in section 602.1102. 2 d. A political subdivision of the state or its offices 3 or units, including but not limited to a county, city, or 4 community college. 5 e. The state board of regents and institutions operated 6 under the authority of the state board of regents. 7 f. The department of public defense, including both the 8 military division and the homeland security and emergency 9 management division. 10 3. Pursuant to the procedures provided in section 8A.202, 11 an agency or other governmental entity may seek a waiver from 12 receiving information technology services from the department 13 of administrative services. 14 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this 15 Act, being deemed of immediate importance, takes effect upon 16 enactment. 17 DIVISION IV 18 AGRICULTURE AND NATURAL RESOURCES 19 Sec. 24. DEPARTMENT OF NATURAL RESOURCES —— REAL PROPERTY 20 ACQUISITION CURTAILED. 21 1. Notwithstanding any provision to the contrary, for the 22 period beginning on the effective date of this section through 23 the close of the fiscal year ending on June 30, 2011, the 24 department of natural resources shall not enter into a new 25 arrangement to acquire or otherwise control real property. 26 2. For the purposes of this section, “new arrangement” means 27 an obligation entered into on or after the effective date of 28 this section. An obligation includes but is not limited to 29 an agreement, contract, lease-purchase arrangement, or any 30 other instrument leading to state ownership or control of real 31 property that was not previously owned or controlled by the 32 state. “New arrangement” does not include a real property 33 acquisition or control project for which an appropriation to 34 the department was encumbered prior to the effective date of 35 -12- LSB 1319HV (4) 84 jp/tm 12/ 63
H.F. 45 this section. “New arrangement” does not include a donated 1 real property acquisition or control project received or 2 entered into on or after the effective date of this section. 3 3. This section, being deemed of immediate importance, 4 takes effect upon enactment. 5 Sec. 25. 2010 Iowa Acts, chapter 1191, section 20, is 6 amended to read as follows: 7 SEC. 20. IOWA RESOURCES ENHANCEMENT AND PROTECTION 8 FUND. Notwithstanding the amount of the standing appropriation 9 from the general fund of the state to the Iowa resources 10 enhancement and protection fund as provided in section 11 455A.18 , there is appropriated from the environment first fund 12 created in section 8.57A to the Iowa resources enhancement 13 and protection fund, in lieu of the appropriation made in 14 section 455A.18 , for the fiscal year beginning July 1, 2010, 15 and ending June 30, 2011, the following amount, to be allocated 16 as provided in section 455A.19 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 18 11,931,189 19 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 DIVISION V 23 ECONOMIC DEVELOPMENT 24 Sec. 27. Section 15.108, subsection 5, paragraph c, Code 25 2011, is amended to read as follows: 26 c. Coordinate and develop with the department of 27 transportation, the department of natural resources, the 28 department of cultural affairs, the generation Iowa commission, 29 the vision Iowa board, other state agencies, and local and 30 regional entities public interpretation, marketing, and 31 education programs that encourage Iowans and out-of-state 32 visitors to participate in the recreational and leisure 33 opportunities available in Iowa. The department shall 34 establish and administer a program that helps connect both 35 -13- LSB 1319HV (4) 84 jp/tm 13/ 63
H.F. 45 Iowa residents and residents of other states to new and 1 existing Iowa experiences as a means to enhance the economic, 2 social, and cultural well-being of the state. The program 3 shall include a broad range of new opportunities, both rural 4 and urban, including main street destinations, green space 5 initiatives, and artistic and cultural attractions. 6 Sec. 28. 2010 Iowa Acts, chapter 1184, section 43, is 7 amended to read as follows: 8 SEC. 43. SAVE OUR SMALL BUSINESSES FUND APPROPRIATION. 9 1. There is appropriated from the school infrastructure 10 fund created in section 12.82 to the department of economic 11 development for deposit in the save our small businesses fund 12 for the fiscal year beginning July 1, 2010, and ending June 30, 13 2011, the following amount, or so much thereof as is necessary, 14 to be used for the purposes designated: 15 For purposes of providing financial assistance under the 16 save our small businesses program under section 15.301: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 18 Of the moneys appropriated pursuant to this section, the 19 department may allocate an amount not to exceed two percent of 20 the moneys appropriated for purposes of retaining the services 21 of an organization designated pursuant to section 15.301, 22 subsection 2, paragraph “b”. 23 2. On the effective date of this section of this 2011 Iowa 24 Act, any unobligated and unencumbered moneys appropriated in 25 this section shall revert to the school infrastructure fund. 26 Sec. 29. 2010 Iowa Acts, chapter 1186, section 1, subsection 27 11, is amended to read as follows: 28 11. For membership in North America’s supercorridor 29 coalition: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 31 Beginning July 1, 2011, the department shall not renew 32 membership in North America’s supercorridor coalition. 33 Sec. 30. REPEAL. Sections 15.300 and 15.301, Code 2011, 34 are repealed. 35 -14- LSB 1319HV (4) 84 jp/tm 14/ 63
H.F. 45 Sec. 31. REPEAL. Section 15.421, Code 2011, is repealed. 1 Sec. 32. GREAT PLACES PROGRAM. 2 1. For the period beginning on the effective date of this 3 section through the close of the fiscal year ending on June 30, 4 2011, the department of cultural affairs shall be subject to a 5 limitation on expenditures made on or after the effective date 6 of this section for purposes of the great places program in 7 accordance with this section. 8 2. The limitation shall be equal to any expended or 9 encumbered amount that the department has budgeted or otherwise 10 designated for purposes of the great places program, from the 11 appropriations made for the fiscal year beginning July 1, 2010, 12 and ending June 30, 2011, to the department from all sources, 13 as of the effective date of this section. 14 Sec. 33. LOANS —— CONTINUED EFFECT. Loans awarded from 15 the save our small business fund pursuant to section 15.301, 16 prior to the effective date of this section, shall continue as 17 provided by the terms of the loans and shall be administered by 18 the department of economic development. 19 Sec. 34. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 DIVISION VI 23 EDUCATION 24 Sec. 35. 2010 Iowa Acts, chapter 1183, section 6, subsection 25 1, is amended to read as follows: 26 1. GENERAL ADMINISTRATION 27 For salaries, support, maintenance, miscellaneous purposes, 28 and for not more than the following full-time equivalent 29 positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,096,482 31 7,037,482 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 83.67 33 Sec. 36. 2010 Iowa Acts, chapter 1183, section 6, subsection 34 17, is amended to read as follows: 35 -15- LSB 1319HV (4) 84 jp/tm 15/ 63
H.F. 45 17. CORE CURRICULUM AND CAREER INFORMATION AND 1 DECISION-MAKING SYSTEM 2 For purposes of implementing the statewide core curriculum 3 for school districts and accredited nonpublic schools and a 4 state-designated career information and decision-making system: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,901,556 6 75,556 7 It is the intent of the general assembly that the 8 standing committees on education of the senate and house of 9 representatives shall consider and propose legislation to amend 10 Iowa law regarding the statewide core curriculum, to take 11 effect on or before July 1, 2011. 12 UNIVERSITY OF IOWA 13 Sec. 37. 2010 Iowa Acts, chapter 1183, section 10, 14 subsection 2, paragraph a, is amended to read as follows: 15 a. General university, including lakeside laboratory 16 For salaries, support, maintenance, equipment, miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,638,034 20 212,964,921 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5,058.55 22 IOWA STATE UNIVERSITY 23 Sec. 38. 2010 Iowa Acts, chapter 1183, section 10, 24 subsection 3, paragraph a, is amended to read as follows: 25 a. General university 26 For salaries, support, maintenance, equipment, miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 170,536,017 30 166,874,276 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3,647.42 32 UNIVERSITY OF NORTHERN IOWA 33 Sec. 39. 2010 Iowa Acts, chapter 1183, section 10, 34 subsection 4, paragraph a, is amended to read as follows: 35 -16- LSB 1319HV (4) 84 jp/tm 16/ 63
H.F. 45 a. General university 1 For salaries, support, maintenance, equipment, miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,549,809 5 75,884,663 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,447.50 7 Sec. 40. REGENTS APPROPRIATIONS FOR FISCAL YEARS 2011-2012 8 AND 2012-2013. It is the intent of the general assembly to 9 continue the reductions applied to the appropriations made to 10 the institutions under state board of regents in the amendments 11 to 2010 Iowa Acts, chapter 1183, section 10, in this division 12 of this Act for the next two succeeding fiscal years and to 13 annualize the reductions at an aggregate amount of $15,000,000 14 in each of the fiscal years. 15 Sec. 41. REGENTS AND COMMUNITY COLLEGE ADMINISTRATIVE 16 FUNCTIONS. The joint appropriations subcommittee on education 17 shall implement provisions to consolidate administrative 18 functions at the state board of regents and the institutions 19 under the state board and at the community colleges in order 20 to reduce the amount that would otherwise be budgeted for such 21 administrative functions for the fiscal year beginning July 1, 22 2011, and each fiscal year thereafter. 23 Sec. 42. LIBRARY ACQUISITION FUNDING —— DEPARTMENT OF 24 EDUCATION —— STATE LIBRARY. 25 1. For the period beginning on the effective date of this 26 section through the close of the fiscal year ending on June 27 30, 2011, the department of education shall be subject to a 28 limitation on expenditures made on or after the effective date 29 of this section for library acquisitions at the state library 30 including digital acquisitions. 31 2. The limitation shall be equal to 50 percent of the 32 unexpended or unencumbered amount that the department of 33 education has budgeted or otherwise designated for purposes of 34 library acquisitions, including digital acquisitions, from the 35 -17- LSB 1319HV (4) 84 jp/tm 17/ 63
H.F. 45 appropriations made to the department from all sources, as of 1 the effective date of this section. 2 Sec. 43. REGENTS UNIVERSITY LEAVE LIMITATION. For the 3 period beginning on the effective date of this section and 4 ending June 30, 2012, the state board of regents shall not 5 approve paid leaves of absence granted pursuant to section 6 262.9, subsection 14, for any faculty member. 7 Sec. 44. STATEWIDE VOLUNTARY PRESCHOOL. It is the intent 8 of the general assembly to fill the needs addressed by the 9 statewide preschool program for four-year-old children repealed 10 by this division by expanding the preschool tuition assistance 11 provided as part of the school ready children grant program 12 administered through the early childhood Iowa initiative under 13 chapter 256I. 14 Sec. 45. Section 237A.21, subsection 3, paragraph p, Code 15 2011, is amended by striking the paragraph. 16 Sec. 46. Section 237A.22, subsection 1, paragraphs f and g, 17 Code 2011, are amended to read as follows: 18 f. Make recommendations for improving collaborations between 19 the child care programs involving the department and programs 20 supporting the education and development of young children 21 including but not limited to the federal head start program , 22 the statewide preschool program for four-year-old children 23 and the early childhood, at-risk, and other early education 24 programs administered by the department of education. 25 g. Make recommendations for eliminating duplication and 26 otherwise improving the eligibility determination processes 27 used for the state child care assistance program and other 28 programs supporting low-income families, including but not 29 limited to the federal head start, early head start, and even 30 start programs; the early childhood, at-risk, and preschool 31 prekindergarten programs administered by the department of 32 education; the family and self-sufficiency grant program; and 33 the family investment program. 34 Sec. 47. Section 256.11, subsection 1, paragraph c, Code 35 -18- LSB 1319HV (4) 84 jp/tm 18/ 63
H.F. 45 2011, is amended by striking the paragraph. 1 Sec. 48. Section 257.16, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. There is appropriated each year from the general fund 4 of the state an amount necessary to pay the foundation aid 5 under this chapter , the preschool foundation aid under chapter 6 256C , supplementary aid under section 257.4, subsection 2 , and 7 adjusted additional property tax levy aid under section 257.15, 8 subsection 4 . 9 Sec. 49. Section 257.35, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 12 addition to the reduction applicable pursuant to subsection 13 2, the state aid for area education agencies and the portion 14 of the combined district cost calculated for these agencies 15 for the fiscal year beginning July 1, 2010, and ending June 16 30, 2011, and subsequent fiscal years, shall be reduced by the 17 department of management by ten million dollars. The reduction 18 for each area education agency shall be prorated based on the 19 reduction that the agency received in the fiscal year beginning 20 July 1, 2003. 21 Sec. 50. Section 272.2, subsection 18, Code 2011, is amended 22 to read as follows: 23 18. May adopt rules for practitioners who are not eligible 24 for a statement of professional recognition under subsection 25 10 , but have received a baccalaureate degree and provide a 26 service to students at any or all levels from prekindergarten 27 through grade twelve for a school district, accredited 28 nonpublic school, or area education agency , or preschool 29 program established pursuant to chapter 256C . 30 Sec. 51. Section 285.1, subsection 1, paragraph a, 31 subparagraph (3), Code 2011, is amended to read as follows: 32 (3) Children attending prekindergarten programs offered or 33 sponsored by the district or nonpublic school and approved by 34 the department of education or department of human services 35 -19- LSB 1319HV (4) 84 jp/tm 19/ 63
H.F. 45 or children participating in preschool in an approved local 1 program under chapter 256C may be provided transportation 2 services. However, transportation services provided to 3 nonpublic school children are not eligible for reimbursement 4 under this chapter . 5 Sec. 52. REPEAL. Chapter 256C, Code 2011, is repealed. 6 Sec. 53. EFFECTIVE DATES. 7 1. The sections of this division of this Act amending Code 8 sections 237A.21, 237A.22, 256.11, 257.16, 257.35, 272.2, and 9 285.1 and repealing Code chapter 256C, take effect July 1, 10 2011, and apply to budget years beginning on or after July 1, 11 2011. 12 2. The provisions of this division of this Act other than 13 those addressed by subsection 1, being deemed of immediate 14 importance, take effect upon enactment. 15 DIVISION VII 16 HEALTH AND HUMAN SERVICES 17 Sec. 54. Section 217.6, Code 2011, is amended by adding the 18 following new unnumbered paragraph: 19 NEW UNNUMBERED PARAGRAPH . The rules and regulations 20 adopted for the public benefits and programs administered by 21 the department of human services shall apply the residency 22 eligibility restrictions required by federal and state law. 23 Sec. 55. DEPARTMENT ON AGING —— PLAN FOR REDUCTION IN 24 NUMBER OF AREA AGENCIES ON AGING. The department on aging 25 shall develop a plan for reducing the number of area agencies 26 on aging in the state to not more than five, to be effective 27 beginning July 1, 2011. The department shall submit the plan 28 to the standing committees on human resources of the senate 29 and house of representatives and the joint appropriations 30 subcommittee on health and human services on or before February 31 25, 2011. 32 Sec. 56. JOINT APPROPRIATIONS SUBCOMMITTEE ON HEALTH 33 AND HUMAN SERVICES. The joint appropriations subcommittee 34 on health and human services shall develop and include in 35 -20- LSB 1319HV (4) 84 jp/tm 20/ 63
H.F. 45 appropriations legislation a new reimbursement methodology for 1 juvenile shelter care providers for use beginning July 1, 2011. 2 The new reimbursement methodology shall end the practice of 3 providing reimbursement for unused shelter care beds. 4 HEALTH CARE COVERAGE COMMISSION 5 Sec. 57. 2009 Iowa Acts, chapter 183, section 65, subsection 6 3, is amended to read as follows: 7 3. There is appropriated from the human services 8 reinvestment fund for the fiscal year beginning July 1, 2009, 9 and ending June 30, 2010, the following amount to be used for 10 the following designated purpose: 11 For the legislative services agency to be used for costs 12 associated with the legislative health care coverage commission 13 created in 2009 Iowa Acts, Senate File 389, if enacted, or a 14 similar legislative commission: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 315,000 16 191,820 17 Notwithstanding section 8.33, moneys appropriated in this 18 subsection that remain unencumbered or unobligated at the close 19 of the fiscal year shall not revert but shall remain available 20 for expenditure for the purposes designated until the close of 21 the fiscal year that begins July 1, 2010. 22 ADDICTIVE DISORDERS 23 Sec. 58. 2010 Iowa Acts, chapter 1192, section 2, subsection 24 1, unnumbered paragraph 1, is amended to read as follows: 25 For reducing the prevalence of use of tobacco, alcohol, and 26 other drugs, and treating individuals affected by addictive 27 behaviors, including gambling, and for not more than the 28 following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,974,840 30 26,574,840 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.00 32 Sec. 59. 2010 Iowa Acts, chapter 1192, section 2, subsection 33 1, paragraph a, is amended to read as follows: 34 a. Of the funds appropriated in this subsection, $7,438,282 35 -21- LSB 1319HV (4) 84 jp/tm 21/ 63
H.F. 45 $5,038,282 shall be used for the tobacco use prevention and 1 control initiative, including efforts at the state and local 2 levels, as provided in chapter 142A. 3 (1) The director of public health shall dedicate sufficient 4 resources to promote and ensure retailer compliance with 5 tobacco laws and ordinances relating to persons under 18 6 years of age, and shall prioritize the state’s compliance in 7 the allocation of available funds to comply with 42 U.S.C. 8 § 300x-26 and section 453A.2. 9 (2) Of the full-time equivalent positions authorized in 10 this subsection, 2.00 full-time equivalent positions shall 11 be utilized to provide for enforcement of tobacco laws, 12 regulations, and ordinances. 13 (3) Of the funds allocated in this lettered paragraph, 14 $1,796,508 $1,197,672 shall be used for youth programs designed 15 to achieve the goals of the initiative, that are directed by 16 youth participants for youth pursuant to section 142A.9. 17 (4) For the period beginning on the effective date of 18 this subparagraph through the close of the fiscal year ending 19 on June 30, 2011, except for activities provided during the 20 period through a contract or other legally binding obligation 21 entered into prior to the period that cannot be canceled 22 without penalty, the department shall cancel smoking cessation 23 and prevention efforts funded in whole or in part under this 24 paragraph “a”. The efforts subject to this subparagraph 25 shall include but are not limited to the just eliminate 26 lies initiative and other expenditures relating to the youth 27 programs addressed in subparagraph (3) and the quitline Iowa 28 initiative. The department of human services shall revise 29 eligibility provisions for smoking cessation medications and 30 related services under the medical assistance program to 31 replace the requirements for referral by the quitline Iowa 32 initiative with a requirement for a physician prescription 33 or referral or other suitable requirement. The joint 34 appropriations subcommittee on health and human services, in 35 -22- LSB 1319HV (4) 84 jp/tm 22/ 63
H.F. 45 consultation with the standing committees on human resources 1 of the senate and house of representatives, shall recommend 2 legislation to revise the youth programs addressed by 3 subparagraph (3) effective July 1, 2011, in order to eliminate 4 unnecessary, wasteful expenditures. 5 COMMUNITY CAPACITY 6 Sec. 60. 2010 Iowa Acts, chapter 1192, section 2, subsection 7 4, unnumbered paragraph 1, is amended to read as follows: 8 For strengthening the health care delivery system at the 9 local level, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,503,037 12 5,398,037 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 14 Sec. 61. 2010 Iowa Acts, chapter 1192, section 2, subsection 15 4, paragraph h, subparagraph (1), amended to read as follows: 16 (1) Of the funds appropriated in this subsection, $180,000 17 $120,000 shall be used for continued implementation of 18 the recommendations of the direct care worker task force 19 established pursuant to, based upon the report submitted to 20 the governor and the general assembly in December 2006. The 21 department may use a portion of the funds allocated in this 22 paragraph for an additional position to assist in the continued 23 implementation. 24 Sec. 62. 2010 Iowa Acts, chapter 1192, section 2, subsection 25 4, paragraph i, subparagraph (1), is amended to read as 26 follows: 27 (1) Of the funds appropriated in this subsection, $135,000 28 $90,000 shall be used for allocation to an independent 29 statewide direct care worker association for education, 30 outreach, leadership development, mentoring, and other 31 initiatives intended to enhance the recruitment and retention 32 of direct care workers in health and long-term care. 33 HEALTHY AGING —— PUBLIC PROTECTION 34 Sec. 63. 2010 Iowa Acts, chapter 1192, section 2, 35 -23- LSB 1319HV (4) 84 jp/tm 23/ 63
H.F. 45 subsections 5 and 8, are amended to read as follows: 1 5. HEALTHY AGING 2 To provide public health services that reduce risks and 3 invest in promoting and protecting good health over the 4 course of a lifetime with a priority given to older Iowans and 5 vulnerable populations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,045,779 7 7,745,779 8 a. Of the funds appropriated in this subsection, $2,209,696 9 $2,127,316 shall be used for local public health nursing 10 services. 11 b. Of the funds appropriated in this subsection, $5,836,083 12 5,618,463 shall be used for home care aide services. 13 8. PUBLIC PROTECTION 14 For protecting the health and safety of the public through 15 establishing standards and enforcing regulations, and for not 16 more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,287,987 18 3,237,987 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 130.00 20 a. Of the funds appropriated in this subsection, not more 21 than $471,690 shall be credited to the emergency medical 22 services fund created in section 135.25. Moneys in the 23 emergency medical services fund are appropriated to the 24 department to be used for the purposes of the fund. 25 b. Of the funds appropriated in this subsection, $234,229 26 shall be used for sexual violence prevention programming 27 through a statewide organization representing programs serving 28 victims of sexual violence through the department’s sexual 29 violence prevention program. The amount allocated in this 30 lettered paragraph shall not be used to supplant funding 31 administered for other sexual violence prevention or victims 32 assistance programs. 33 c. Of the funds appropriated in this subsection, not more 34 than $485,520 shall be used for the state poison control 35 -24- LSB 1319HV (4) 84 jp/tm 24/ 63
H.F. 45 center. 1 d. Of the funds appropriated in this subsection, $50,000 2 shall be used for education, testing, training, and other costs 3 to conform the requirements for certification of emergency 4 medical care providers with national standards. 5 FAMILY PLANNING WAIVER 6 Sec. 64. 2010 Iowa Acts, chapter 1192, section 11, 7 subsection 24, is amended to read as follows: 8 24. a. The department of human services shall amend 9 the medical assistance waiver for the Iowa family planning 10 network to continue the current waiver with the following 11 modifications, to be effective July 1, 2011 as soon as 12 federal approval can be obtained , which provide for all of the 13 following: 14 (1) Coverage for women who meet all of the following 15 criteria: 16 (a) Are uninsured or have health insurance coverage that 17 does not include coverage for benefits provided under the Iowa 18 family planning network . 19 (b) Have income of up to 300 133 percent of the federal 20 poverty level. 21 (c) Are under 55 45 years of age. 22 (2) Coverage of pregnancy prevention services for men who 23 meet the income, age, and insurance coverage specifications 24 described in subparagraph (1). 25 b. Implementation of this subsection is contingent upon 26 approval of the medical assistance waiver for the Iowa family 27 planning network by the centers for Medicare and Medicaid 28 services of the United States department of health and human 29 services and upon availability of funding as determined by the 30 director of the department of human services. 31 c. Of the funds appropriated in this section, $25,000 shall 32 be used for administrative costs for renewal and modification 33 of the Iowa family planning network waivers as provided in this 34 subsection. 35 -25- LSB 1319HV (4) 84 jp/tm 25/ 63
H.F. 45 CHILD AND FAMILY SERVICES —— SHELTER CARE 1 Sec. 65. 2010 Iowa Acts, chapter 1192, section 19, 2 subsection 1, is amended to read as follows: 3 1. There is appropriated from the general fund of the 4 state to the department of human services for the fiscal year 5 beginning July 1, 2010, and ending June 30, 2011, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purpose designated: 8 For child and family services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,593,023 10 79,127,023 11 Sec. 66. 2010 Iowa Acts, chapter 1192, section 19, 12 subsection 7, paragraph a, is amended to read as follows: 13 a. Notwithstanding section 234.35 or any other provision 14 of law to the contrary, state funding for shelter care shall 15 be limited to $7,894,147 $7,428,147 . The department may 16 continue or amend shelter care provider contracts to include 17 the child welfare emergency services for children that were 18 implemented pursuant to 2008 Iowa Acts, chapter 1187, section 19 16, subsection 7. An appropriate amount of the funds allocated 20 in this subsection may be used for wraparound and emergency 21 services to prevent the need for shelter care services, 22 including such services for children who have an immediate 23 need for shelter care services but are ineligible due to 24 income, status, or other requirement. The funding shall be 25 expended by providers in a manner that does not impinge upon 26 the availability of beds for eligible children. 27 Sec. 67. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 DIVISION VIII 31 INFRASTRUCTURE AND TRANSPORTATION 32 Sec. 68. PLANTINGS FOR AESTHETIC PURPOSES. For the period 33 beginning on the effective date of this section through the 34 close of the fiscal year ending June 30, 2011, the department 35 -26- LSB 1319HV (4) 84 jp/tm 26/ 63
H.F. 45 of transportation shall not pay for wildflowers or other plants 1 intended for aesthetic purposes. 2 Sec. 69. Section 28I.4, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. The commission shall have the power and duty to make 5 comprehensive studies and plans for the development of the 6 area it serves which will guide the unified development of 7 the area and which will eliminate planning duplication and 8 promote economy and efficiency in the coordinated development 9 of the area and the general welfare, convenience, safety, and 10 prosperity of its people. The plan or plans collectively 11 shall be known as the regional or metropolitan development 12 plan. The plans for the development of the area may include 13 but shall not be limited to recommendations with respect to 14 existing and proposed highways, bridges, airports, streets, 15 parks and recreational areas, schools and public institutions 16 and public utilities, public open spaces, and sites for public 17 buildings and structures; districts for residence, business, 18 industry, recreation, agriculture, and forestry; water supply, 19 sanitation, drainage, protection against floods and other 20 disasters; areas for housing developments, slum clearance 21 and urban renewal and redevelopment; location of private 22 and public utilities, including but not limited to sewerage 23 and water supply systems; and such other recommendations 24 concerning current and impending problems as may affect the 25 area served by the commission. Time and priority schedules and 26 cost estimates for the accomplishment of the recommendations 27 may also be included in the plans. The plans shall be made 28 with consideration of the smart planning principles under 29 section 18B.1 . The plans shall be based upon and include 30 appropriate studies of the location and extent of present 31 and anticipated populations; social, physical, and economic 32 resources, problems and trends; and governmental conditions and 33 trends. The commission is also authorized to make surveys, 34 land-use studies, and urban renewal plans, provide technical 35 -27- LSB 1319HV (4) 84 jp/tm 27/ 63
H.F. 45 services and other planning work for the area it serves and 1 for cities, counties, and other political subdivisions in the 2 area. A plan or plans of the commission may be adopted, added 3 to, and changed from time to time by a majority vote of the 4 planning commission. The plan or plans may in whole or in part 5 be adopted by the governing bodies of the cooperating cities 6 and counties as the general plans of such cities and counties. 7 The commission may also assist the governing bodies and other 8 public authorities or agencies within the area it serves 9 in carrying out any regional plan or plans, and assist any 10 planning commission, board or agency of the cities and counties 11 and political subdivisions in the preparation or effectuation 12 of local plans and planning consistent with the program of the 13 commission. The commission may cooperate and confer, as far as 14 possible, with planning agencies of other states or of regional 15 groups of states adjoining its area. 16 Sec. 70. Section 329.3, Code 2011, is amended to read as 17 follows: 18 329.3 Zoning regulations —— powers granted. 19 Every municipality having an airport hazard area within 20 its territorial limits may adopt, administer, and enforce 21 in the manner and upon the conditions prescribed by this 22 chapter , zoning regulations for such airport hazard area, 23 which regulations may divide such area into zones and, within 24 such zones, specify the land uses permitted, and regulate 25 and restrict, for the purpose of preventing airport hazards, 26 the height to which structures and trees may be erected or 27 permitted to grow. Regulations adopted under this chapter 28 shall be made with consideration of the smart planning 29 principles under section 18B.1 . 30 Sec. 71. Section 335.5, subsections 3 and 4, Code 2011, are 31 amended by striking the subsections. 32 Sec. 72. Section 335.8, subsection 2, Code 2011, is amended 33 by striking the subsection. 34 Sec. 73. Section 414.3, subsections 3 and 4, Code 2011, are 35 -28- LSB 1319HV (4) 84 jp/tm 28/ 63
H.F. 45 amended by striking the subsections. 1 Sec. 74. Section 414.6, subsection 2, Code 2011, is amended 2 by striking the subsection. 3 Sec. 75. REPEAL. Section 16.194A, Code 2011, is repealed. 4 Sec. 76. REPEAL. Chapter 18B, Code 2011, is repealed. 5 Sec. 77. REPEAL. 2010 Iowa Acts, chapter 1184, section 25, 6 is repealed. 7 Sec. 78. RECISION OF AWARDS. Any award to a city or county 8 that applies smart planning principles and guidelines pursuant 9 to sections 18B.1 and 18B.2, Code 2011, granted from moneys 10 appropriated pursuant to 2010 Iowa Acts, chapter 1184, section 11 10, subsection 4, paragraph “b”, for which a contract has 12 not been entered into by the effective date of this section, 13 shall be rescinded. The Iowa jobs board shall not award any 14 additional such grants on or after the effective date of this 15 section. 16 Sec. 79. SUSTAINABLE COMMUNITIES —— JOINT APPROPRIATIONS 17 SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND 18 CAPITALS. The joint appropriations subcommittee on 19 transportation, infrastructure, and capitals shall develop 20 and, on or before April 4, 2011, shall submit recommended 21 implementation provisions to the general assembly’s committees 22 on appropriations in proposed legislation concerning reductions 23 of all identifiable appropriations enacted by the Eighty-third 24 General Assembly, 2010 session, for purposes of sustainable 25 communities projects. 26 Sec. 80. 2010 Iowa Acts, chapter 1184, section 1, subsection 27 1, paragraph c, unnumbered paragraph 1, is amended to read as 28 follows: 29 For the state’s share of support in conjunction with the 30 city of Des Moines and local area businesses to provide a 31 free shuttle service to the citizens of Iowa that includes 32 transportation between the capitol complex and the downtown 33 Des Moines area, notwithstanding section 8.57, subsection 6 , 34 paragraph “c”: 35 -29- LSB 1319HV (4) 84 jp/tm 29/ 63
H.F. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 1 125,000 2 Sec. 81. 2010 Iowa Acts, chapter 1184, section 1, subsection 3 7, paragraph c, is amended to read as follows: 4 c. For costs associated with the hiring and employment of an 5 asset manager at Honey creek resort state park, notwithstanding 6 section 8.57, subsection 6, paragraph “c”: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 8 26,200 9 The department shall issue a request for proposals to 10 competitively procure the services of an asset manager which 11 shall be selected by the natural resource commission. The 12 asset manager shall have hospitality management experience 13 of at least five years including at least three years asset 14 management experience in a setting similar in size and quality 15 to the Honey creek resort state park with a similar type of 16 market. The duties and job responsibilities of the asset 17 manager shall include but are not limited to reviewing and 18 commenting on the resort’s sales and marketing plan, providing 19 for the operation of the resort in a manner consistent with 20 the requirements and limitations set forth in the resort’s 21 operating agreement, monitoring and supervising the resort 22 including site visits, and negotiating and recommending an 23 annual operating budget and budget plan. The asset manager 24 shall report to bond counsel, the governor, the Honey creek 25 authority, the department of natural resources, and the 26 legislative services agency. 27 Sec. 82. 2009 Iowa Acts, chapter 184, section 1, subsection 28 12, paragraph a, as amended by 2010 Iowa Acts, chapter 1184, 29 section 71, is amended to read as follows: 30 a. For deposit in the passenger rail service revolving 31 fund created in section 327J.2, notwithstanding section 8.57, 32 subsection 6, paragraph “c”: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 34 302,007 35 -30- LSB 1319HV (4) 84 jp/tm 30/ 63
H.F. 45 Sec. 83. 2010 Iowa Acts, chapter 1184, section 2, subsection 1 3, is amended to read as follows: 2 3. DEPARTMENT OF TRANSPORTATION 3 For deposit into the passenger rail service revolving 4 fund created in section 327J.2 for matching federal funding 5 available through the federal Passenger Rail Investment 6 and Improvement Act of 2008 for passenger rail service, 7 notwithstanding section 8.57, subsection 6, paragraph “c”: 8 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 9 0 10 It is the intent of the general assembly to fund up to 11 $20 million over a four-year period to fully fund the state 12 commitment for matching federal funding available through the 13 federal Passenger Rail Investment and Improvement Act of 2008. 14 Sec. 84. 2010 Iowa Acts, chapter 1184, section 16, is 15 amended to read as follows: 16 SEC. 16. There is appropriated from the Iowa comprehensive 17 petroleum underground storage tank fund to the department of 18 transportation for the fiscal year beginning July 1, 2010, and 19 ending June 30, 2011, the following amount, or so much thereof 20 as is necessary, to be used for the purposes designated: 21 Notwithstanding section 455G.3, subsection 1, for deposit in 22 the passenger rail service revolving fund created in section 23 327J.2: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 25 500,000 26 Such funds shall be coupled with the remaining unobligated 27 balance of up to one million five hundred thousand dollars from 28 the appropriation made in 2009 Iowa Acts, chapter 184, section 29 1, subsection 12, paragraph “a”, for a total commitment of 30 three million five hundred thousand dollars for the fiscal year 31 beginning July 1, 2010, and ending June 30, 2011, for matching 32 federal funding available through the Passenger Rail Investment 33 and Improvement Act of 2008. 34 Sec. 85. 2008 Iowa Acts, chapter 1179, section 1, subsection 35 -31- LSB 1319HV (4) 84 jp/tm 31/ 63
H.F. 45 13, paragraph c, as amended by 2009 Iowa Acts, chapter 184, 1 section 22, is amended by striking the paragraph. 2 Sec. 86. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION IX 6 JUSTICE SYSTEM 7 Sec. 87. 2010 Iowa Acts, chapter 1185, section 1, subsection 8 1, paragraph a, is amended by adding the following new 9 unnumbered paragraph: 10 NEW UNNUMBERED PARAGRAPH . In cases that are not considered 11 unusually complicated pursuant to the rules adopted by the 12 state public defender where either the state public defender 13 approves a claim in excess of a fee limitation established 14 under section 13B.4, subsection 4, or upon the court ordering 15 the state public defender to approve such a claim in excess 16 of the fee limitations, an amount equal to the portion of the 17 claim in excess of the fee limitation approved by the state 18 public defender or ordered by the court shall be transferred 19 by the judicial branch from the moneys appropriated in this 20 lettered paragraph to the revolving fund created in section 21 602.1302. Notwithstanding section 602.1302, the judicial 22 branch shall transfer moneys credited to the revolving fund 23 pursuant to this unnumbered paragraph to the state public 24 defender to be credited to the indigent defense fund created 25 in section 815.11. Moneys credited to the indigent defense 26 fund pursuant to this unnumbered paragraph shall be used to 27 reimburse the state public defender by applying the same 28 procedures used to reimburse the state public defender for 29 attorney fees paid pursuant to section 600A.6B. 30 Sec. 88. 2010 Iowa Acts, chapter 1190, section 10, is 31 amended to read as follows: 32 SEC. 10. STATE PUBLIC DEFENDER. There is appropriated from 33 the general fund of the state to the office of the state public 34 defender of the department of inspections and appeals for the 35 -32- LSB 1319HV (4) 84 jp/tm 32/ 63
H.F. 45 fiscal year beginning July 1, 2010, and ending June 30, 2011, 1 the following amounts, or so much thereof as is necessary, to 2 be allocated as follows for the purposes designated: 3 1. For salaries, support, maintenance, miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,743,182 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 203.00 8 2. For the fees of court-appointed attorneys for indigent 9 adults and juveniles, in accordance with section 232.141 and 10 chapter 815: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,680,929 12 31,680,929 13 Sec. 89. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION X 17 POWER FUND —— OFFICE OF ENERGY INDEPENDENCE 18 Sec. 90. REPEAL. Sections 469.9 and 469.10, Code 2011, are 19 repealed. 20 Sec. 91. REPEAL. Sections 469.1, 469.2, 469.3, 469.4, 21 469.5, 469.6, 469.7, 469.8, and 469.11, Code 2011, are 22 repealed. 23 Sec. 92. TRANSITION PROVISIONS —— DEPARTMENTAL 24 AUTHORITY. Beginning on the effective date of this section, 25 the department of economic development shall assume the 26 duties of the office of energy independence until otherwise 27 determined by the general assembly. During the 2011 session of 28 the Eighty-fourth General Assembly, the joint appropriations 29 subcommittee on economic development shall include Code 30 provisions relating to the repeal of chapter 469 and the 31 transfer of departmental authority from the office of energy 32 independence to another state entity in a proposed committee 33 on appropriations bill. 34 Sec. 93. TRANSITION PROVISIONS —— CONTINUATION OF GRANTS. 35 -33- LSB 1319HV (4) 84 jp/tm 33/ 63
H.F. 45 1. Any moneys remaining in any account or fund under the 1 control of the office of energy independence on the effective 2 date of this division relative to the provisions of this 3 division shall be transferred to a comparable fund or account 4 under the control of the department of economic development 5 for such purposes, until otherwise determined by the general 6 assembly. Notwithstanding section 8.33, the moneys transferred 7 in accordance with this subsection shall not revert to the 8 account or fund from which appropriated or transferred. 9 2. Any license, permit, or contract issued or entered 10 into by the office of energy independence relative to the 11 provisions of this division in effect on the effective date 12 of this division shall continue in full force and effect 13 pending transfer of such licenses, permits, or contracts to the 14 department of economic development, until otherwise determined 15 by the general assembly. 16 3. Grants or loans awarded from the Iowa power fund 17 pursuant to section 469.9 prior to the effective date of 18 this division shall continue as provided by the terms of the 19 grants or loans and shall be administered by the department of 20 economic development, until otherwise determined by the general 21 assembly. 22 4. Federal funds utilized by the director of the office 23 of energy independence prior to the effective date of this 24 division to employ personnel necessary to administer the 25 provisions of this division shall be applicable to the transfer 26 of such personnel from the office of energy independence to the 27 department of economic development, or other state agency as 28 determined by the general assembly. 29 Sec. 94. EFFECTIVE UPON ENACTMENT. Except for the section 30 of this division repealing sections 469.9 and 469.10, which 31 shall take effect July 1, 2011, this division of this Act, 32 being deemed of immediate importance, takes effect upon 33 enactment. 34 DIVISION XI 35 -34- LSB 1319HV (4) 84 jp/tm 34/ 63
H.F. 45 REBUILD IOWA OFFICE 1 Sec. 95. Section 16.191, subsection 2, paragraph e, Code 2 2011, is amended to read as follows: 3 e. The executive director of the rebuild Iowa office 4 or the director’s designee until June 30, 2011, and then 5 the administrator of the homeland security and emergency 6 management division of the department of public defense or the 7 administrator’s designee. 8 Sec. 96. Section 29C.20B, subsection 1, Code 2011, is 9 amended to read as follows: 10 1. The rebuild Iowa office shall work with the department 11 of human services and nonprofit, voluntary, and faith-based 12 organizations active in disaster recovery and response 13 in coordination with the homeland security and emergency 14 management division shall work to establish a statewide 15 system of disaster case management to be activated following 16 the governor’s proclamation of a disaster emergency or the 17 declaration of a major disaster by the president of the 18 United States for individual assistance purposes. Under the 19 system, the department of human services shall coordinate 20 case management services locally through local committees as 21 established in each local emergency management commission’s 22 emergency plan. Beginning July 1, 2011, the department of 23 human services shall assume the duties of the rebuild Iowa 24 office under this subsection . 25 Sec. 97. Section 29C.20B, subsection 2, unnumbered 26 paragraph 1, Code 2011, is amended to read as follows: 27 The department of human services, in conjunction with 28 the rebuild Iowa office, the homeland security and emergency 29 management division , and an Iowa representative to the national 30 voluntary organizations active in disaster, shall adopt rules 31 pursuant to chapter 17A to create coordination mechanisms 32 and standards for the establishment and implementation of 33 a statewide system of disaster case management which shall 34 include at least all of the following: 35 -35- LSB 1319HV (4) 84 jp/tm 35/ 63
H.F. 45 Sec. 98. Section 103A.8C, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. The commissioner, after consulting with and receiving 3 recommendations from the department of public defense , and 4 the department of natural resources, and the rebuild Iowa 5 office, shall adopt rules pursuant to chapter 17A specifying 6 standards and requirements for design and construction of safe 7 rooms and storm shelters. In developing these standards, the 8 commissioner shall consider nationally recognized standards. 9 The standards and requirements shall be incorporated into the 10 state building code established in section 103A.7 , but shall 11 not be interpreted to require the inclusion of a safe room or 12 storm shelter in a building construction project unless such 13 inclusion is expressly required by another statute or by a 14 federal statute or regulation. However, if a safe room or 15 storm shelter is included in any building construction project 16 which reaches the design development phase on or after January 17 1, 2011, compliance with the standards developed pursuant to 18 this section shall be required. 19 Sec. 99. Section 466B.3, subsection 4, paragraph n, Code 20 2011, is amended by striking the paragraph. 21 Sec. 100. 2009 Iowa Acts, chapter 169, section 10, 22 subsection 6, is amended to read as follows: 23 6. This section is repealed June 30, 2011 on the effective 24 date of this section of this 2011 Iowa Act . 25 Sec. 101. 2010 Iowa Acts, chapter 1189, section 28, is 26 amended to read as follows: 27 SEC. 28. REBUILD IOWA OFFICE. 28 1. There is appropriated from the general fund of the state 29 to the rebuild Iowa office for the fiscal year beginning July 30 1, 2010, and ending June 30, 2011, the following amount, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -36- LSB 1319HV (4) 84 jp/tm 36/ 63
H.F. 45 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 647,014 2 531,014 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 4 It is the intent of the general assembly that the rebuild 5 Iowa office shall be repealed effective June 30, 2011, and 6 shall not receive an appropriation from the general fund of the 7 state after that date. 8 2. a. Of the moneys appropriated in this section, $50,000 9 shall be transferred to the homeland security and emergency 10 management division of the department of public defense for 11 purposes of assuming the duties of the rebuild Iowa office. 12 b. For purposes of assuming the duties of the rebuild Iowa 13 office, the homeland security and emergency management division 14 of the department of public defense shall be authorized an 15 additional 0.5 FTEs above those otherwise authorized to the 16 division. 17 c. This subsection shall take effect on the effective date 18 of this section of this 2011 Iowa Act. 19 Sec. 102. REBUILD IOWA OFFICE ELIMINATION —— TRANSFER 20 OF DUTIES. Beginning on the effective date of this division 21 of this Act, the homeland security and emergency management 22 division of the department of public defense shall assume all 23 duties of the rebuild Iowa office. 24 Sec. 103. REBUILD IOWA OFFICE ELIMINATION —— JOINT 25 APPROPRIATIONS SUBCOMMITTEE ON THE JUSTICE SYSTEM. The joint 26 appropriations subcommittee on the justice system shall consult 27 with the homeland security and emergency management division 28 of the department of public defense and other relevant sources 29 in proposing legislation identifying the appropriate state 30 agencies to assume the duties of the rebuild Iowa office. 31 Sec. 104. EFFECTIVE UPON ENACTMENT. This division of this 32 Act, being deemed of immediate importance, takes effect upon 33 enactment. 34 DIVISION XII 35 -37- LSB 1319HV (4) 84 jp/tm 37/ 63
H.F. 45 GROW IOWA VALUES FUND AND PROGRAM 1 Sec. 105. Section 15.103, subsection 6, Code 2011, is 2 amended to read as follows: 3 6. As part of the organizational structure of the 4 department, the board shall establish a due diligence 5 committee and a loan and credit guarantee committee composed 6 of members of the board. The committees shall serve in an 7 advisory capacity to the board and shall carry out any duties 8 assigned by the board in relation to programs administered 9 by the department. The loan and credit guarantee committee 10 shall advise the board on the winding up of loan guarantees 11 made under the loan and credit guarantee program established 12 pursuant to section 15E.224 , Code 2009 , and on the proper 13 amount of the allocation described in section 15G.111, 14 subsection 4 , paragraph “g” . 15 Sec. 106. Section 15.104, subsection 1, Code 2011, is 16 amended by striking the subsection. 17 Sec. 107. Section 15.104, subsection 8, paragraphs b and i, 18 Code 2011, are amended by striking the paragraphs. 19 Sec. 108. Section 15.104, subsection 8, paragraph j, Code 20 2011, is amended to read as follows: 21 j. Renewable fuel programs. A detailed accounting of 22 expenditures in support of renewable fuel infrastructure 23 programs, as provided in sections 15G.203 and 15G.204 . The 24 renewable fuel infrastructure board established in section 25 15G.202 shall approve that portion of the department’s annual 26 report regarding projects supported from the grow Iowa values 27 fund created in section 15G.111 . This paragraph is repealed on 28 July 1, 2012. 29 Sec. 109. Section 15.327, Code 2011, is amended by adding 30 the following new subsections: 31 NEW SUBSECTION . 01. “Base employment level” means the 32 number of full-time equivalent positions at a business, 33 as established by the department and a business using the 34 business’s payroll records, as of the date a business applies 35 -38- LSB 1319HV (4) 84 jp/tm 38/ 63
H.F. 45 for financial assistance under the program. 1 NEW SUBSECTION . 3A. “County wage” means the average hourly 2 compensation rates, excluding the value of nonwage benefits for 3 comparable jobs, from the most recent four quarters of wage 4 and employment information from the quarterly covered wage and 5 employment data report issued by the department of workforce 6 development. 7 NEW SUBSECTION . 7A. “Full-time equivalent position” means 8 a non-part-time position for the number of hours or days per 9 week considered to be full-time work for the kind of service 10 or work performed for an employer. Typically, a full-time 11 equivalent position requires two thousand eighty hours of work 12 in a calendar year, including all paid holidays, vacations, 13 sick time, and other paid leave. 14 NEW SUBSECTION . 7B. “Maintenance period” means the period 15 of time between the project completion date and maintenance 16 period completion date. 17 NEW SUBSECTION . 12A. “Regional wage” means the average 18 hourly compensation rates, excluding the value of nonwage 19 benefits for comparable jobs, from the most recent four 20 quarters of wage and employment information from the quarterly 21 covered wage and employment data report issued by the 22 department of workforce development. 23 Sec. 110. Section 15.327, subsections 1, 4, 7, 8, 10, 12, 24 and 13, Code 2011, are amended by striking the subsections and 25 inserting in lieu thereof the following: 26 1. “Benefit” means nonwage compensation provided to an 27 employee. Benefits typically include medical and dental 28 insurance plans, pension, retirement, and profit-sharing plans, 29 child care services, life insurance coverage, vision insurance 30 coverage, disability insurance coverage, and any other nonwage 31 compensation as determined by the board. 32 4. “Created job” means a new, permanent, full-time 33 equivalent position added to a business’s payroll in excess of 34 the business’s base employment level. 35 -39- LSB 1319HV (4) 84 jp/tm 39/ 63
H.F. 45 7. “Fiscal impact ratio” means a ratio calculated by 1 estimating the amount of taxes to be received from a business 2 by the state and dividing the estimate by the estimated cost 3 to the state of providing certain financial incentives to 4 the business, reflecting a ten-year period of taxation and 5 incentives and expressed in terms of current dollars. For 6 purposes of the program, “fiscal impact ratio” does not include 7 taxes received by political subdivisions. 8 8. “Maintenance period completion date” means the date on 9 which the maintenance period ends. 10 10. “Project completion date” means the date by which 11 a recipient of financial assistance has agreed to meet all 12 the terms and obligations contained in an agreement with the 13 department as described in section 15.330. 14 12. “Qualifying wage threshold” means the county wage or the 15 regional wage, as calculated pursuant to subsections 3A and 16 12A, whichever is lower. 17 13. “Retained job” means a full-time equivalent position, 18 in existence at the time an employer applies for financial 19 assistance which remains continuously filled or authorized 20 to be filled as soon as possible and which is at risk of 21 elimination if the project for which the employer is seeking 22 assistance does not proceed. 23 Sec. 111. Section 15.329, subsection 2, Code 2011, is 24 amended to read as follows: 25 2. A business providing a sufficient package of benefits to 26 each employee holding a created or retained job shall qualify 27 for a credit against the qualifying wage threshold requirements 28 described in subsection 1 , paragraph “c” . The credit shall be 29 calculated and applied in the following manner : described in 30 section 15G.112, subsection 4 , paragraph “b” . 31 a. By multiplying the qualifying wage threshold of 32 the county in which the business is located by one and 33 three-tenths. 34 b. By multiplying the result of paragraph “a” by one-tenth. 35 -40- LSB 1319HV (4) 84 jp/tm 40/ 63
H.F. 45 c. The amount of the result of paragraph “b” shall be 1 credited against the amount of the one hundred thirty percent 2 qualifying wage threshold requirement that the business is 3 required to meet under subsection 1, paragraph “c” . 4 d. The credit shall not be applied against the one hundred 5 percent of qualifying wage threshold requirement described in 6 subsection 1, paragraph “c” . 7 Sec. 112. Section 15.330, subsection 4, Code 2011, is 8 amended to read as follows: 9 4. A project completion date, a maintenance period 10 completion date, the number of jobs to be created or retained, 11 or certain other terms and obligations described in section 12 15G.112, subsection 1 , paragraph “d” an agreement , as the 13 department deems necessary in order to make the requirements in 14 project agreements uniform. The department, with the approval 15 of the board, may adopt rules as necessary for making such 16 requirements uniform. Such rules shall be in compliance with 17 the provisions of this part and with the provisions of chapter 18 15G . 19 Sec. 113. Section 15.335A, subsection 1, unnumbered 20 paragraph 1, Code 2011, is amended to read as follows: 21 Tax incentives are available to eligible businesses as 22 provided in this section . The incentives are based upon the 23 number of jobs created or retained that pay at least one 24 hundred thirty percent of the qualifying wage threshold as 25 computed pursuant to section 15G.112 15.329 , subsection 4 1 , 26 and the amount of the qualifying investment made according to 27 the following schedule: 28 Sec. 114. Section 15.335A, subsection 2, paragraphs b, c, f, 29 and g, Code 2011, are amended by striking the paragraphs. 30 Sec. 115. Section 15.335A, subsection 5, Code 2011, is 31 amended to read as follows: 32 5. The department shall negotiate the amount of tax 33 incentives provided to an applicant under the program 34 in accordance with this section and section 15G.112 , as 35 -41- LSB 1319HV (4) 84 jp/tm 41/ 63
H.F. 45 applicable . 1 Sec. 116. Section 15A.7, subsection 3, Code 2011, is amended 2 to read as follows: 3 3. That the employer shall agree to pay wages for the jobs 4 for which the credit is taken of at least the county wage or 5 the regional wage, as calculated by the department pursuant to 6 section 15G.112, subsection 3 15.327, subsections 3A and 12A , 7 whichever is lower. Eligibility for the supplemental credit 8 shall be based on a one-time determination of starting wages by 9 the community college. 10 Sec. 117. Section 15E.193, subsection 1, paragraphs b 11 through d, Code 2011, are amended to read as follows: 12 b. (1) The business shall provide a sufficient package of 13 benefits to each employee holding a created or retained job. 14 For purposes of this paragraph, “created job” and “retained job” 15 have the same meaning as defined in section 15G.101 15.327 . 16 (2) The board, upon the recommendation of the department, 17 shall adopt rules determining what constitutes a sufficient 18 package of benefits. 19 c. The business shall pay a wage that is at least ninety 20 percent of the qualifying wage threshold. For purposes of this 21 paragraph, “qualifying wage threshold” has the same meaning as 22 defined in section 15G.101 15.327 . 23 d. Creates or retains at least ten full-time equivalent 24 positions and maintains them until the maintenance period 25 completion date. For purposes of this paragraph, “maintenance 26 period completion date” and “full-time equivalent position” have 27 the same meanings as defined in section 15G.101 15.327 . 28 Sec. 118. Section 15E.231, unnumbered paragraph 1, Code 29 2011, is amended to read as follows: 30 In order for an An economic development region to receive 31 moneys under the grow Iowa values financial assistance program 32 established in section 15G.112 , an shall establish a regional 33 development plan. An economic development region’s regional 34 development plan must be approved by the department. An 35 -42- LSB 1319HV (4) 84 jp/tm 42/ 63
H.F. 45 economic development region shall consist of not less than 1 three counties, unless two contiguous counties have a combined 2 population of at least three hundred thousand based on the 3 most recent federal decennial census. An economic development 4 region shall establish a focused economic development effort 5 that shall include a regional development plan relating to one 6 or more of the following areas: 7 Sec. 119. Section 15E.232, subsections 1, 3, 4, 5, 6, and 7, 8 Code 2011, are amended by striking the subsections. 9 Sec. 120. Section 15E.351, subsection 1, Code 2011, is 10 amended to read as follows: 11 1. The department shall establish and administer a business 12 accelerator program to provide financial assistance for 13 the establishment and operation of a business accelerator 14 for technology-based, value-added agricultural, information 15 solutions, alternative and renewable energy including the 16 alternative and renewable energy sectors listed in section 17 476.42, subsection 1 , paragraph “a” , or advanced manufacturing 18 start-up businesses or for a satellite of an existing business 19 accelerator. The program shall be designed to foster the 20 accelerated growth of new and existing businesses through the 21 provision of technical assistance. The department, subject to 22 the approval of the economic development board, may provide 23 financial assistance under this section from moneys allocated 24 for regional financial assistance pursuant to section 15G.111, 25 subsection 9 . 26 Sec. 121. Section 159A.6B, subsection 2, Code 2011, is 27 amended to read as follows: 28 2. The office may execute contracts in order to provide 29 technical support and outreach services for purposes of 30 assisting and educating interested persons as provided in this 31 section . The office may also contract with a consultant to 32 provide part or all of these services. The office may require 33 that a person receiving assistance pursuant to this section 34 contribute up to fifty percent of the amount required to 35 -43- LSB 1319HV (4) 84 jp/tm 43/ 63
H.F. 45 support the costs of contracting with the consultant to provide 1 assistance to the person. The office shall assist the person 2 in completing any technical information required in order to 3 receive assistance by the department of economic development 4 pursuant to the value-added agriculture component of the grow 5 Iowa values financial assistance program established pursuant 6 to section 15G.112 . 7 Sec. 122. Section 455B.104, subsection 2, Code 2011, is 8 amended by striking the subsection. 9 Sec. 123. 2010 Iowa Acts, chapter 1184, section 26, is 10 amended to read as follows: 11 SEC. 26. GROW IOWA VALUES FUND. 12 1. There is appropriated from the rebuild Iowa 13 infrastructure fund to the department of economic development 14 for deposit in the grow Iowa values fund, for the fiscal year 15 beginning July 1, 2010, and ending June 30, 2011, the following 16 amount, notwithstanding section 8.57, subsection 6, paragraph 17 “c”: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 19 2. On the effective date of this section of this 2011 Iowa 20 Act, any unobligated and unencumbered moneys appropriated in 21 this section and section 27 of this 2010 Iowa Act, shall revert 22 to the general fund of the state. Any repayments of moneys 23 loaned from moneys appropriated in this section and section 27 24 of this 2010 Iowa Act, and received after the effective date 25 of this 2011 Iowa Act, shall be credited to the general fund of 26 the state. 27 Sec. 124. 2010 Iowa Acts, chapter 1184, section 27, is 28 amended to read as follows: 29 SEC. 27. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. 30 1. In lieu of the $50,000,000 appropriated for the fiscal 31 year beginning July 1, 2010, and ending June 30, 2011, from 32 the grow Iowa values fund to the department of economic 33 development pursuant to section 15G.111, subsection 3, there is 34 appropriated from the grow Iowa values fund to the department 35 -44- LSB 1319HV (4) 84 jp/tm 44/ 63
H.F. 45 of economic development for the fiscal year beginning July 1, 1 2010, and ending June 30, 2011, $38,000,000 for the purposes of 2 making expenditures pursuant to chapter 15G. 3 2. On the effective date of this section of this 2011 Iowa 4 Act, an entity receiving moneys appropriated pursuant to this 5 section, with the exception of moneys allocated pursuant to 6 section 28, subsections 2 and 5, of this 2010 Iowa Act, shall 7 cease obligating or encumbering such moneys. 8 Sec. 125. REPEAL. Section 15E.233, Code 2011, is repealed. 9 Sec. 126. REPEAL. Sections 15G.101 and 15G.109 through 10 15G.115, Code 2011, are repealed. 11 Sec. 127. REPEAL. Section 266.19, Code 2011, is repealed. 12 Sec. 128. REPEAL. Section 455B.433, Code 2011, is repealed. 13 Sec. 129. EFFECTIVE DATE. The provisions of this division 14 of this Act amending 2010 Iowa Acts, chapter 1184, being deemed 15 of immediate importance, take effect upon enactment. 16 DIVISION XIII 17 COUNTY MENTAL HEALTH 18 AND DISABILITY SERVICES 19 Sec. 130. COUNTY WAITING LISTS. 20 1. There is appropriated from the general fund of the 21 state to the department of human services for the fiscal year 22 beginning July 1, 2010, and ending June 30, 2011, the following 23 amount, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 To be credited to the risk pool in the property tax relief 26 fund created in chapter 426B and expended as provided in this 27 section: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000,000 29 2. The amount appropriated in this section is appropriated 30 from the risk pool to the department of human services for 31 distribution as provided in this section. Notwithstanding 32 section 8.33, moneys appropriated in this section that remain 33 unencumbered or unobligated at the close of the fiscal year 34 shall not revert but shall remain available for expenditure 35 -45- LSB 1319HV (4) 84 jp/tm 45/ 63
H.F. 45 for the purposes designated until the close of the succeeding 1 fiscal year. 2 3. a. For the purposes of this section, “services fund” 3 means a county’s mental health, mental retardation, and 4 developmental disabilities services fund created in section 5 331.424A. 6 b. The risk pool board shall implement a process for 7 distribution of the amount appropriated in this section to 8 counties to be used to provide eligibility for services and 9 other support payable from the counties’ services funds for 10 persons who are eligible under county management plans in 11 effect as of December 31, 2010, but due to insufficient funding 12 are on a waiting list for the services and other support. The 13 period addressed by the funding appropriated in this section 14 begins on or after the effective date of this section and ends 15 June 30, 2012. Of the amount appropriated in this section, up 16 to $5,000,000 shall be targeted to expand medical assistance 17 program waiver slots for those waivers for which counties pay 18 the nonfederal share of the costs. 19 c. The general assembly finds that as of the time of 20 enactment of this section, the funding appropriated in this 21 section is sufficient to eliminate the need for continuing 22 , instituting, or reinstituting waiting lists during the 23 period addressed by the appropriation. However, the process 24 implemented by the risk pool board shall ensure there is 25 adequate funding so that a person made eligible for services 26 and other support from the waiting list would not be required 27 to return to the waiting list if a later projection indicates 28 the funding is insufficient to cover for the entire period all 29 individuals removed from the waiting list pursuant to this 30 section. 31 d. The funding provided in this section is intended to 32 provide necessary services for adults in need of mental health, 33 mental retardation, or developmental disabilities services 34 until improvements to the current system can be developed and 35 -46- LSB 1319HV (4) 84 jp/tm 46/ 63
H.F. 45 enacted. 1 Sec. 131. ADULT MENTAL HEALTH AND DISABILITY SERVICE SYSTEM 2 REFORM. 3 1. The general assembly finds there is need to reform the 4 adult mental health and disability services system administered 5 by counties to address the needs of persons with mental 6 illness, mental retardation, or developmental disabilities. 7 Issues with the current system include the following: 8 a. Lack of a set of core services uniformly available 9 throughout the state. 10 b. Lack of uniformity in service expenditures throughout 11 the state. 12 c. Disparity in county levy rates for the services funds for 13 this system. 14 d. The need to improve the array of community-based services 15 and services to avoid the use or continued use of crisis 16 services. 17 e. The need to expand the availability of dual diagnosis 18 mental health and substance abuse services. 19 f. The need to improve the consistency of services available 20 to both youth and adult populations. 21 g. The need to address the medical assistance (Medicaid) 22 program changes in the federal Patient Protection and 23 Affordable Care Act (PPACA) that will greatly expand the 24 program’s eligibility for persons in the service system 25 beginning in calendar year 2014. 26 h. Dissatisfaction with using county of legal settlement 27 determinations to determine county and state financial 28 responsibility for services. 29 2. In order to address the issues identified in subsection 30 1, the committees on human resources, appropriations, and ways 31 and means of the senate and house of representatives shall 32 propose legislation to address the following actions by the 33 dates indicated: 34 a. Phase-in of the state fully assuming the nonfederal 35 -47- LSB 1319HV (4) 84 jp/tm 47/ 63
H.F. 45 share of the costs for Medicaid program services now borne by 1 counties by the implementation date of the Medicaid eligibility 2 changes under PPACA. 3 b. Provide property tax relief and equity by having the 4 state assume a greater role in funding the adult mental health 5 and disability services system from counties by July 1, 2012, 6 when the repeals contained in this division of this Act take 7 effect. 8 c. Shift the balance of responsibilities for the services 9 system between the state and counties so that the state 10 ensures greater uniformity and there is sufficient size to 11 develop effective services while maintaining the county role of 12 bringing local resources together in unique ways that best meet 13 the needs of clients, by implementing a new services system 14 structure by July 1, 2012, when the repeals contained in this 15 division of this Act take effect. 16 Sec. 132. Section 331.424A, Code 2011, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 6. This section is repealed July 1, 2012. 19 Sec. 133. Section 331.438, Code 2011, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 5. This section is repealed July 1, 2012. 22 Sec. 134. Section 331.439, Code 2011, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 10. This section is repealed July 1, 2012. 25 Sec. 135. Section 331.440, Code 2011, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 7. This section is repealed July 1, 2012. 28 Sec. 136. NEW SECTION . 426B.6 Future repeal. 29 This chapter is repealed July 1, 2012. 30 Sec. 137. CONFORMING PROVISIONS. The legislative services 31 agency shall prepare a study bill for consideration by the 32 committees on human resources of the senate and house of 33 representatives for the 2012 legislative session, providing 34 conforming Code changes for implementation of the repeal 35 -48- LSB 1319HV (4) 84 jp/tm 48/ 63
H.F. 45 provisions contained in this division of this Act. 1 Sec. 138. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 DIVISION XIV 5 CORRECTIVE PROVISIONS 6 EARLY CHILDHOOD IOWA INITIATIVE 7 Sec. 139. 2010 Iowa Acts, chapter 1031, section 310, is 8 amended by adding the following new subsection: 9 5. a. References to community empowerment areas in 2010 10 Iowa Acts, shall be deemed to instead refer to early childhood 11 Iowa areas, including but not limited to such references made 12 in the following provisions: 13 (1) 2010 Iowa Acts, chapter 1183, section 6, subsection 10, 14 paragraph “c”. 15 (2) 2010 Iowa Acts, chapter 1192, section 2, subsection 4, 16 paragraph “a”. 17 (3) 2010 Iowa Acts, chapter 1192, section 6, subsection 12. 18 b. References to the Iowa empowerment fund and the school 19 ready children grants account in 2010 Iowa Acts, shall be 20 deemed to instead refer to the early childhood Iowa fund 21 and the comparable account within that fund, including 22 but not limited to such references made in the following 23 provisions: 2010 Iowa Acts, chapter 1183, section 6, 24 subsections 10, 11, and 12. 25 UNEMPLOYMENT COMPENSATION PROGRAM REFERENCE 26 Sec. 140. 2010 Iowa Acts, chapter 1188, section 22, is 27 amended to read as follows: 28 SEC. 22. UNEMPLOYMENT COMPENSATION 29 PROGRAM. Notwithstanding section 96.9, subsection 4, paragraph 30 “a”, moneys credited to the state by the secretary of the 31 treasury of the United States pursuant to section 903 of the 32 Social Security Act are appropriated to the department of 33 workforce development and shall be used by the department for 34 the administration of the unemployment compensation program 35 -49- LSB 1319HV (4) 84 jp/tm 49/ 63
H.F. 45 only. This appropriation shall not apply to any fiscal year 1 beginning after December 31, 2009 2010 . 2 TERRACE HILL —— DEPARTMENT OF ADMINISTRATIVE SERVICES 3 Sec. 141. 2010 Iowa Acts, chapter 1193, section 199, is 4 amended to read as follows: 5 SEC. 199. TERRACE HILL —— GENERAL FUND —— DEPARTMENT OF 6 ADMINISTRATIVE SERVICES. There is appropriated from the 7 general fund of the state to the department of administrative 8 services for the fiscal year beginning July 1, 2009 2010 , 9 and ending June 30, 2010 2011 , the following amount, or so 10 much thereof as is necessary, to be used for the purposes 11 designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes necessary for the operation of Terrace Hill, and for 14 not more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 263,329 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.38 17 Sec. 142. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 18 APPLICABILITY. This division of this Act, being deemed 19 of immediate importance, takes effect upon enactment. The 20 provision amending 2010 Iowa Acts, chapter 1193, section 199, 21 applies retroactively to April 29, 2010, and the remaining 22 provisions apply retroactively to July 1, 2010. 23 EXPLANATION 24 This bill relates to public funding and regulatory matters 25 and makes, reduces, and transfers appropriations and revises 26 fund amounts. The bill is organized into divisions. 27 TAX RELIEF FUND. This division creates the tax relief fund 28 in new Code section 8.57E. The fund is to be used to make 29 appropriations providing tax relief. Legislative intent is 30 provided to enact appropriations for purposes of tax relief 31 pursuant to recommendations made by the general assembly’s 32 standing committees on ways and means. 33 Code section 8.55 is amended to provide that when the Iowa 34 economic emergency fund achieves its maximum balance the excess 35 -50- LSB 1319HV (4) 84 jp/tm 50/ 63
H.F. 45 funds are transferred to the tax relief fund instead of the 1 general fund of the state. 2 Code section 8.58, exempting the balances in existing 3 reserve funds from being considered in the application of any 4 formula, index, or other statutory triggering mechanism which 5 would affect appropriations, payments, or taxation rates, and 6 by an arbitrator or collective bargaining negotiation under 7 Code chapter 20, is amended by adding the new tax relief fund 8 to the list. 9 The division takes effect upon enactment, applies to 10 transfers made from the Iowa economic emergency fund to the 11 tax relief fund instead of the general fund on or after the 12 effective date, and requires the effect of such transfers to 13 be reflected by adjusting the state general fund expenditure 14 limitation calculated for fiscal year 2011-2012 accordingly. 15 UNIFORM PROVISIONS. This division includes requirements 16 applicable across state government. 17 Along with new Code section 8A.440, which is also included 18 in this division, a temporary law provision requires the 19 state’s executive and judicial branch authorities responsible 20 for collective bargaining negotiations with applicable state 21 employee organizations, to discuss health insurance coverage 22 of state employees and their families in order to renegotiate 23 such coverage to achieve cost savings for the state. One of 24 the options to be discussed is a required monthly payment by 25 employees of at least $100 of the cost of single coverage or a 26 like increase in the employee cost for family coverage. 27 Executive branch agencies are made subject to a limitation 28 on expenditures for office supplies, outside services purchase, 29 equipment purchases, information technology, and marketing 30 equal to 50 percent of the unexpended or unencumbered balances 31 remaining from the amounts budgeted for such purposes for the 32 remainder of fiscal year 2010-2011. Regents institutions 33 are exempted from the limitation because of appropriations 34 reductions in another division of the bill. If another 35 -51- LSB 1319HV (4) 84 jp/tm 51/ 63
H.F. 45 provision of the bill directs an agency to apply a limitation 1 on expenditures made for information technology or reduces 2 the information technology portion of an appropriation made 3 to the agency, that limitation or reduction applies in lieu 4 of the limitation on expenditures for information technology 5 otherwise applicable under this provision. The technology 6 expenditure limitation does not apply to services provided 7 or expenditures for the public broadcasting division of 8 the department of education. In addition, authorization of 9 out-of-state travel paid for in whole or in part from the 10 general fund of the state for the remainder of fiscal year 11 2010-2011 is prohibited, unless a waiver is approved by the 12 executive council. The expenditure reductions are required to 13 be applied to appropriations by the department of management. 14 State agencies with state records stored in flood plains are 15 required, within six months of enactment, to find storage space 16 for the records that is not located in flood plains. 17 The revenue estimating conference is required to meet in 18 February or March 2011 upon request of the speaker of the house 19 or senate majority leader. In addition, to regularly issued 20 estimates, the conference is required to provide estimates for 21 fiscal year 2012-2013. 22 Code section 7E.3, relating to the powers and duties of the 23 heads of state departments and independent agencies, is amended 24 to include a duty to ensure the public benefits administered 25 by the department or agency are not provided to adults who are 26 unauthorized aliens not lawfully present in the United States. 27 New Code section 8A.440 requires state employees included 28 in or not covered by collective bargaining as provided in Code 29 chapter 20 to pay at least $100 per month of the total premium 30 for state group health insurance for single persons. The 31 requirement applies to state employees covered by collective 32 bargaining agreements entered into on or after the effective 33 date of the division. Current law does not specify a minimum 34 required premium payment. 35 -52- LSB 1319HV (4) 84 jp/tm 52/ 63
H.F. 45 Code section 68B.8 is amended to prohibit a state agency 1 of the executive branch of state government from employing a 2 person whose position with the agency is primarily representing 3 the agency relative to the passage, defeat, approval, or 4 modification of legislation that is being considered by the 5 general assembly. A person who knowingly and intentionally 6 violates this new provision as provided under Code section 7 68B.34 is guilty of a serious misdemeanor and may be 8 reprimanded, suspended, or dismissed from the person’s position 9 or otherwise sanctioned. A serious misdemeanor is punishable 10 by confinement for not more than one year and a fine of at least 11 $315 but not more than $1,875. 12 The division takes effect upon enactment. 13 ADMINISTRATION AND REGULATION. This division includes 14 provisions applicable to administration and regulatory state 15 agencies. 16 The joint appropriations subcommittee on administration and 17 regulation is required to submit by April 4, 2010, proposed 18 legislation to the committees on appropriations providing 19 for eliminating and selling the pool of general use vehicles 20 maintained in Polk county and outsourcing state vehicle leasing 21 to a private entity. Until the close of fiscal year, the 22 department of administrative services is designated as the sole 23 department to operate the vehicle pool and is prohibited from 24 purchasing new passenger vehicles for the pool. 25 The division includes a requirement for the department 26 of administrative services to locate state employees in 27 office space in the most cost-efficient manner possible. The 28 department is prohibited from paying penalties for the early 29 termination of a lease for office space outside of the capitol 30 complex. 31 The bill requires the Iowa telecommunications and technology 32 commission to implement a request for proposals process to sell 33 or lease the Iowa communications network. The bill requires 34 the sale to be concluded or the lease to commence during the 35 -53- LSB 1319HV (4) 84 jp/tm 53/ 63
H.F. 45 fiscal year beginning July 1, 2011. New Code section 8D.13A 1 authorizes the commission to lease network capacity, subject to 2 various cost and revenue restrictions. 3 The department’s technology service purchasing for the 4 remainder of fiscal year 2010-2011 is limited to 50 percent of 5 the unexpended amount remaining as of the division’s effective 6 date. 7 The department of management is directed to designate the 8 department of administrative services as the sole provider for 9 information technology services for purposes of providing such 10 services to agencies and other governmental entities, with 11 certain specified exceptions. 12 The appropriation made to the Iowa ethics and campaign 13 disclosure board in 2010 Iowa Acts, chapter 1189, section 7, 14 for fiscal year 2010-2011, is reduced. Any transfer made from 15 the cash reserve fund to an appropriation for the board for the 16 fiscal year under 2010 Iowa Acts, chapter 1193, is transferred 17 back to the cash reserve fund. 18 AGRICULTURE AND NATURAL RESOURCES. This division addresses 19 agriculture and natural resources. 20 The department of natural resources is prohibited from 21 entering into any new arrangement to acquire or control new 22 property, as defined by the bill, for the period from the 23 provision’s effective date through the close of fiscal year 24 2010-2011. The restriction does not apply to donations. The 25 fiscal year 2010-2011 appropriation made from the environment 26 first fund for the Iowa resources enhancement and protection 27 fund is reduced. 28 The division takes effect upon enactment. 29 ECONOMIC DEVELOPMENT. This division addresses economic 30 development. 31 The save our small business fund and program in Code sections 32 15.300 and 15.301 are repealed and moneys appropriated to the 33 fund are eliminated. However, following the repeal, loans 34 awarded from the fund prior to the repeal are continued as 35 -54- LSB 1319HV (4) 84 jp/tm 54/ 63
H.F. 45 provided by the terms of the loans. 1 A limitation is applied to the moneys expended by the 2 department of cultural affairs for purposes of the great places 3 program. The limitation is equal to any expended or encumbered 4 amount on the effective date of the division. 5 The division repeals Code section 15.421, which relates to 6 the generation Iowa commission. 7 2010 Iowa Acts, chapter 1186, is amended to require the 8 department of transportation, after July 1, 2011, to not renew 9 membership in North America’s supercorridor coalition. 10 The division takes effect upon enactment. 11 EDUCATION. This division addresses education. 12 An appropriation made to the department of education in 2010 13 Iowa Acts, chapter 1183, is amended to reduce the amount for 14 general administration. 15 The funding for implementation of the statewide core 16 curriculum for schools and for the career information and 17 decision-making system are eliminated and legislative intent is 18 stated for amending the law relating to the curriculum. 19 Fiscal year 2010-2011 appropriations for the state board 20 of regents institutions at the university of Iowa, Iowa state 21 university of science and technology, and the university of 22 northern Iowa in 2010 Iowa Acts, chapter 1183, are reduced by 23 $10 million. Legislative intent is provided for applying $15 24 million reductions for each of the next two succeeding fiscal 25 years. 26 A library acquisition limitation is applied to the state 27 library under the department of education. The limitation 28 is equal to 50 percent of the unexpended or unobligated 29 amount remaining for the fiscal year that was designated for 30 acquisitions. 31 For the period beginning on enactment and ending June 30, 32 2012, the state board of regents is prohibited from approving 33 paid leaves of absence, also known as professional development 34 assignments sabbaticals, for any faculty member. 35 -55- LSB 1319HV (4) 84 jp/tm 55/ 63
H.F. 45 The statewide voluntary preschool program in Code chapter 1 256C is repealed effective July 1, 2011, along with the 2 associated school aid funding provisions. A statement of 3 legislative intent calls for filling the needs addressed by the 4 program through expansion of the preschool tuition assistance 5 program provided through the school ready children grant 6 program administered under the early childhood Iowa initiative. 7 The bill makes conforming amendments. 8 The joint subcommittee on education is required to implement 9 provisions to consolidate administrative functions at the state 10 board of regents and the institutions under the board and at 11 the community colleges in order to reduce the amount that would 12 otherwise be budgeted for administrative functions for fiscal 13 year 2011-2012. 14 Code section 257.35 is amended to reduce area education 15 agencies budgets for fiscal year 2010-2011 and subsequent 16 fiscal years by $10 million. 17 The division takes effect upon enactment except as otherwise 18 provided. 19 HEALTH AND HUMAN SERVICES. This division addresses health 20 and human services programs. 21 Code section 217.6, relating to rules and regulations of 22 the department of human services, is amended to require those 23 adopted for the public benefits administered by the department 24 to apply the residency eligibility restrictions required by 25 federal and state law. 26 The department on aging is required to submit a plan by 27 February 25, 2011, to various legislative committees to reduce 28 the number of area agencies on aging to not more than five 29 effective July 1, 2011. 30 The joint appropriations subcommittee on health and human 31 services is directed to develop and include in appropriations 32 legislation a new reimbursement methodology for juvenile 33 shelter care providers for use beginning July 1, 2011. The new 34 reimbursement methodology is required to end the practice of 35 -56- LSB 1319HV (4) 84 jp/tm 56/ 63
H.F. 45 providing reimbursement for unused shelter care beds. 1 The appropriation made in 2009 Iowa Acts, chapter 183, for 2 the costs of the legislative health care coverage commission 3 is reduced. 4 Appropriations and allocations made to the department of 5 public health in 2010 Iowa Acts, chapter 1192, for addictive 6 disorders, community capacity, healthy aging, and public 7 protection, are reduced. The department is specifically 8 required to cancel smoking cessation and prevention efforts, 9 including the initiative just eliminate lies and other youth 10 programs and the quitline Iowa initiative. The department 11 of human services is directed to revise Medicaid program 12 requirements regarding smoking cessation medications and 13 related services to replace the quitline Iowa referral 14 requirements. The joint appropriations subcommittee on health 15 and human services is required to consult with the standing 16 committees on human resources to recommend legislation to 17 revise the youth programs effective July 1, 2011, in order to 18 eliminate unnecessary and wasteful expenditures. 19 Family planning waiver provisions under the Medicaid program 20 are revised in 2010 Iowa Acts, chapter 1192, section 11, to 21 reduce income eligibility from the current 300 percent to 133 22 percent of the federal poverty level, eliminate eligibility 23 for persons whose insurance coverage does not include family 24 planning, reduce the upper age eligibility from 55 to 45 years, 25 and exclude pregnancy prevention services as soon as federal 26 approval can be obtained. 27 The division takes effect upon enactment. 28 INFRASTRUCTURE AND TRANSPORTATION. This division includes 29 provisions involving infrastructure and transportation 30 appropriations. 31 The department of transportation is prohibited from paying 32 for wildflowers or other plants intended for aesthetic purposes 33 from the effective date of the bill until June 30, 2011. 34 2010 Iowa Acts, chapter 1184, eliminates an appropriation 35 -57- LSB 1319HV (4) 84 jp/tm 57/ 63
H.F. 45 from the rebuild Iowa infrastructure fund to the department of 1 natural resources for FY 2010-2011 for purposes of an asset 2 manager at Honey creek resort state park. 3 Code chapter 18B, relating to land use smart planning, is 4 repealed. The division also eliminates the Iowa smart planning 5 task force. Any award to a city or county that applies smart 6 planning principles and guidelines pursuant to Code sections 7 18B.1 and 18B.23, Code 2011, granted from moneys appropriated 8 to the Iowa jobs board for a disaster prevention program 9 that provides grants to cities and counties applying smart 10 planning principles and guidelines, for which a contract has 11 not been entered into by the effective date of the division, 12 is rescinded. Additional such awards cannot be granted after 13 the effective date of the division. The division requires 14 the joint appropriations subcommittee on transportation, 15 infrastructure, and capitals to make recommendations regarding 16 reductions of all identifiable appropriations enacted by the 17 Eighty-third General Assembly for purposes of sustainable 18 communities projects. 19 An appropriation for purposes of a free shuttle service in 20 Des Moines is reduced. 21 Three appropriations related to passenger rail service made 22 in 2009 Iowa Acts, chapter 184 and 2010 Iowa Acts, chapter 23 1184, along with a statement of legislative intent to provide 24 funding of up to $20 million over a four-year period to match 25 federal funds, are eliminated or reduced. 26 An appropriation is eliminated that was made in 2008 Iowa 27 Acts, chapter 1179, for fiscal year 2008-2009 from the rebuild 28 Iowa infrastructure fund to the department of transportation 29 for purposes of a depot and platform to accommodate future 30 Amtrak service from Dubuque to Chicago. 31 The division takes effect upon enactment. 32 JUSTICE SYSTEM. This division addresses the justice system 33 and provides a fiscal year 2010-2011 supplemental appropriation 34 for the state public defender for indigent defense. 35 -58- LSB 1319HV (4) 84 jp/tm 58/ 63
H.F. 45 The appropriation made to the judicial branch in 2010 Iowa 1 Acts, chapter 1185, is amended to require the judicial branch 2 to transfer money from the appropriation to the state public 3 defender for deposit into the indigent defense fund when an 4 attorney fee claim exceeds the fee limitations established in 5 Code section 13B.4 if the case is not unusually complicated as 6 defined under 493 IAC 12.5(4). After the immediate effective 7 date of this amendment, in each case where the state public 8 defender approves or the court orders an attorney fee claim in 9 excess of the fee limitations and the case is not unusually 10 complicated, the judicial branch is required to transfer an 11 amount equal to the portion of the fee claim in excess of the 12 fee limitations to the jury and witness fee fund established in 13 Code section 602.1302 for transfer to the state public defender 14 and eventual deposit into the indigent defense fund. The 15 transfers in this division are in response to Simmons v. State 16 Public Defender, No. 07-0870 (Iowa 2010). 17 This division takes effect upon enactment. 18 POWER FUND. This division addresses the power fund and the 19 office of energy independence. 20 Code chapter 469 is repealed, which provides for the 21 establishment and administration of the office of energy 22 independence, the Iowa power fund, and related renewable energy 23 and energy efficiency projects. With the exception of Code 24 sections 469.9 and 469.10 relating to the appropriation and the 25 fund, the Code chapter is repealed effective upon enactment. 26 Code sections 469.9 and 469.10 are repealed July 1, 2011. 27 The division provides that the department of economic 28 developmentshall assume the duties of the office of energy 29 independence until otherwise determined by the general 30 assembly. During the 2011 Legislative Session of the 31 Eighty-fourth General Assembly, the joint appropriations 32 subcommittee on economic development shall include Code 33 provisions relating to the transfer of departmental authority 34 from the office of energy independence to another state entity 35 -59- LSB 1319HV (4) 84 jp/tm 59/ 63
H.F. 45 in a proposed committee on appropriations bill. 1 Transition provisions are included regarding the transfer of 2 moneys retained in any account or fund under the control of the 3 office of energy independence on the division’s effective date, 4 the continuation of any license, permit, or contract issued 5 or entered into by the office in effect on the division’s 6 effective date, and the continuation of grants or loans awarded 7 from the Iowa power fund prior to the division’s effective 8 date. Transition provisions are also included relating to the 9 transfer of federal funds being utilized by the director of 10 the office prior to the division’s effective date to employ 11 personnel necessary to administer the provisions of the 12 division to the department or other state agency as determined 13 by the general assembly. 14 The division takes effect upon enactment. 15 REBUILD IOWA OFFICE. This division addresses the rebuild 16 Iowa office. 17 Currently, the rebuild Iowa office is scheduled to be 18 repealed on June 30, 2011. This division changes the repeal 19 date to be effective upon enactment and makes conforming 20 amendments. All duties of the office are transferred to the 21 homeland security and emergency management division of the 22 department of public defense. 23 The division requires the joint appropriations subcommittee 24 on the justice system to consult with the homeland security 25 and emergency management division of the department of public 26 defense and other entities in proposing legislation identifying 27 appropriate state agencies to assume duties of the office. 28 This division takes effect upon enactment. 29 GROW IOWA VALUES FUND AND PROGRAM. This division addresses 30 the grow Iowa values fund. 31 This division repeals Code sections related to the grow 32 Iowa values fund and financial assistance program and makes 33 conforming amendments. The division amends two 2010 Iowa Acts 34 provisions to prohibit the department of economic development 35 -60- LSB 1319HV (4) 84 jp/tm 60/ 63
H.F. 45 from further obligating any moneys appropriated for purposes 1 of the grow Iowa values fund for fiscal year 2010-2011 2 and requires that unobligated and unencumbered moneys are 3 creditedto the general fund of the state, which take effect 4 upon enactment. The division requires repayments on moneys 5 loaned from the appropriated moneys to be credited to the 6 general fund of the state. 7 COUNTY MENTAL HEALTH AND DISABILITY SERVICES. This division 8 relates to the county administered system for adult mental 9 health, mental retardation, and developmental disabilities 10 services. 11 An appropriation is made from the general fund of the state 12 to the risk pool for such county services to be used for the 13 period beginning on the effective date of the division through 14 June 30, 2012, to pay for the service costs of eligible persons 15 who are on a county waiting list for the services. 16 Legislative purpose and findings are stated in a section 17 addressing reform of the county administered system. The 18 standing committees on human resources, appropriations, and 19 ways and means of the senate and house of representatives are 20 directed to propose legislation necessary to implement various 21 actions by dates specified in the section and to address the 22 Code repeals contained in the division. 23 The following Code provisions are repealed on July 1, 2012: 24 section 331.424A, establishing county mental health, mental 25 retardation, and developmental disabilities services funds and 26 authorizing levies for the funds; section 331.438, outlining 27 requirements for county mental health, mental retardation, and 28 developmental disabilities services expenditures and joint 29 state-county planning, implementing, and funding; section 30 331.439, requiring county management plans and other provisions 31 regarding county eligibility for state property tax relief and 32 allowed growth funding; section 331.440, providing for creation 33 of the county central point of coordination process and county 34 management of state case services; and chapter 426B, relating 35 -61- LSB 1319HV (4) 84 jp/tm 61/ 63
H.F. 45 to property tax relief funding for the county administered 1 services, risk pool funding, and related provisions. 2 The legislative services agency is directed to prepare 3 legislation to conform other Code provisions to the repeals 4 contained in the division. 5 The division takes effect upon enactment. 6 CORRECTIVE PROVISIONS. This division corrects session law 7 enactments made in 2010 Iowa Acts. 8 A provision in 2010 Iowa Acts, chapter 1031, relating to 9 state government reorganization, is amended by adding a new 10 subsection to section 310, which provided transition language 11 for the change in the community empowerment initiative to the 12 early childhood Iowa initiative. The new subsection provides 13 that references to community empowerment areas in various 14 session law requirements are deemed to instead refer to early 15 childhood Iowa areas. References to the school ready children 16 account of the Iowa empowerment fund are deemed instead to 17 refer to the comparable account in the early childhood Iowa 18 fund. This provision is retroactively applicable to July 1, 19 2010. 20 A date reference in 2010 Iowa Acts, chapter 1188, relating 21 to economic development appropriations, is amended. The 22 date reference is in section 22 and relates to federal 23 moneys appropriated for administration of the unemployment 24 compensation program. The appropriation is restricted to not 25 be applicable to federal fiscal years beginning after December 26 31, 2009, and the year date is changed by the amendment to 27 2010. This provision is retroactively applicable to July 1, 28 2010. 29 An appropriation made in 2010 Iowa Acts, chapter 1193, 30 commonly referred to as the standing appropriations bill, is 31 amended to correct the fiscal year in section 199. This fiscal 32 year for this appropriation, made from the general fund to the 33 department of administrative services for personnel costs at 34 Terrace Hill, is changed from fiscal year 2009-2010 to fiscal 35 -62- LSB 1319HV (4) 84 jp/tm 62/ 63
H.F. 45 year 2010-2011. This provision is retroactively applicable to 1 the Act’s effective date of April 29, 2010. 2 The division takes effect upon enactment. 3 -63- LSB 1319HV (4) 84 jp/tm 63/ 63