House File 697 - Introduced HOUSE FILE 697 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 2811YC) A BILL FOR An Act relating to state and local finances by providing for 1 funding of property tax credits and reimbursements, by 2 making and adjusting appropriations, providing for salaries 3 and compensation of state employees, providing for matters 4 relating to taxation, providing for fees and penalties, 5 providing for legal responsibilities, and providing for 6 properly related matters, and including effective date and 7 retroactive and other applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 2811HV (1) 84 tm/jp
H.F. 697 DIVISION I 1 ADMINISTRATION AND REGULATION 2 FY 2011-2012 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. 4 1. There is appropriated from the general fund of the state 5 to the department of administrative services for the fiscal 6 year beginning July 1, 2011, and ending June 30, 2012, the 7 following amounts, or so much thereof as is necessary, to be 8 used for the purposes designated, and for not more than the 9 following full-time equivalent positions: 10 a. For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,020,344 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18 14 b. For the payment of utility costs: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,939,400 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 17 Notwithstanding section 8.33, any excess funds appropriated 18 for utility costs in this lettered paragraph shall not revert 19 to the general fund of the state at the end of the fiscal year 20 but shall remain available for expenditure for the purposes of 21 this lettered paragraph during the succeeding fiscal year. 22 c. For Terrace Hill operations: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,914 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88 25 d. For the I3 distribution account: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,328,000 27 e. For operations and maintenance of the Iowa building: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,018,185 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 30 2. Members of the general assembly serving as members of 31 the deferred compensation advisory board shall be entitled 32 to receive per diem and necessary travel and actual expenses 33 pursuant to section 2.10, subsection 5, while carrying out 34 their official duties as members of the board. 35 -1- LSB 2811HV (1) 84 tm/jp 1/ 518
H.F. 697 3. Any funds and premiums collected by the department for 1 workers’ compensation shall be segregated into a separate 2 workers’ compensation fund in the state treasury to be used 3 for payment of state employees’ workers’ compensation claims 4 and administrative costs. Notwithstanding section 8.33, 5 unencumbered or unobligated moneys remaining in this workers’ 6 compensation fund at the end of the fiscal year shall not 7 revert but shall be available for expenditure for purposes of 8 the fund for subsequent fiscal years. 9 Sec. 2. LEASING AUTHORITY IMPLEMENTATION. 10 1. A state agency that has entered into a lease for any 11 buildings or office space shall forward a copy of each such 12 existing lease to the department of administrative services for 13 review prior to July 1, 2011. 14 2. A state agency that is in the process of entering into or 15 renewing a lease for any building or office space shall contact 16 the department of administrative services prior to finalizing 17 such lease. Such lease shall not be entered into or renewed 18 without the approval of the department. 19 3. The department shall provide space management services 20 and begin to lease all buildings and office space wherever 21 located throughout the state as provided in section 8A.321, 22 as amended by this Act, as soon as practicable, but by 23 no later than December 1, 2011. Prior to assuming those 24 responsibilities, the department shall review and approve 25 leases under subsection 2 unless, in the department’s 26 discretion, it is determined that entering into or renewing 27 such lease would not be in the best interests of the state. 28 4. The department is authorized to assess a fee to a state 29 agency for which a lease is negotiated or renewed pursuant 30 to this Act sufficient to cover the department’s costs in 31 providing space management services under this Act. 32 Sec. 3. TRAVEL REIMBURSEMENT IMPLEMENTATION. 33 1. If this Act is approved by the governor prior to July 1, 34 2011, the electronic online travel authorization form provided 35 -2- LSB 2811HV (1) 84 tm/jp 2/ 518
H.F. 697 for in section 8A.512A, if enacted, shall be developed on or 1 before July 1, 2011, and executive branch employees seeking 2 reimbursement shall utilize the form on and after that date. 3 2. The database to be made available by the department of 4 administrative services as provided in section 8A.512A, if 5 enacted, shall be developed and available for public access on 6 or before January 1, 2012. 7 3. The department shall develop a plan for converting 8 the existing reimbursement process to a paperless process, 9 including implementation steps, a timeline, and an estimated 10 budget. The plan shall be submitted to the governor by no 11 later than January 1, 2012. 12 Sec. 4. REVOLVING FUNDS. There is appropriated to the 13 department of administrative services for the fiscal year 14 beginning July 1, 2011, and ending June 30, 2012, from the 15 revolving funds designated in chapter 8A and from internal 16 service funds created by the department such amounts as the 17 department deems necessary for the operation of the department 18 consistent with the requirements of chapter 8A. 19 Sec. 5. FUNDING FOR IOWACCESS. 20 1. Notwithstanding section 321A.3, subsection 1, for the 21 fiscal year beginning July 1, 2011, and ending June 30, 2012, 22 the first $750,000 collected and transferred by the department 23 of transportation to the treasurer of state with respect to the 24 fees for transactions involving the furnishing of a certified 25 abstract of a vehicle operating record under section 321A.3, 26 subsection 1, shall be transferred to the IowAccess revolving 27 fund for the purposes of developing, implementing, maintaining, 28 and expanding electronic access to government records as 29 provided by law. 30 2. All fees collected with respect to transactions 31 involving IowAccess shall be deposited in the IowAccess 32 revolving fund and shall be used only for the support of 33 IowAccess projects. 34 3. For the fiscal year beginning July 1, 2011, and ending 35 -3- LSB 2811HV (1) 84 tm/jp 3/ 518
H.F. 697 June 30, 2012, there is appropriated from the IowAccess 1 revolving fund, to the office of the secretary of state $75,000 2 for costs associated with decennial redistricting. 3 Sec. 6. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 4 CHARGE. For the fiscal year beginning July 1, 2011, and ending 5 June 30, 2012, the monthly per contract administrative charge 6 which may be assessed by the department of administrative 7 services shall be $2 per contract on all health insurance plans 8 administered by the department. 9 Sec. 7. AUDITOR OF STATE. 10 1. There is appropriated from the general fund of the state 11 to the office of the auditor of state for the fiscal year 12 beginning July 1, 2011, and ending June 30, 2012, the following 13 amount, or so much thereof as is necessary, to be used for 14 the purposes designated, and for not more than the following 15 full-time equivalent positions: 16 For salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 935,529 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 20 2. The auditor of state may retain additional full-time 21 equivalent positions as is reasonable and necessary to 22 perform governmental subdivision audits which are reimbursable 23 pursuant to section 11.20 or 11.21, to perform audits which are 24 requested by and reimbursable from the federal government, and 25 to perform work requested by and reimbursable from departments 26 or agencies pursuant to section 11.5A or 11.5B. The auditor 27 of state shall notify the department of management, the 28 legislative fiscal committee, and the legislative services 29 agency of the additional full-time equivalent positions 30 retained. 31 3. The auditor of state shall allocate resources from the 32 appropriation in this section solely for audit work related to 33 the comprehensive annual financial report, federally required 34 audits, and investigations of embezzlement, theft, or other 35 -4- LSB 2811HV (1) 84 tm/jp 4/ 518
H.F. 697 significant financial irregularities until the audit of the 1 comprehensive annual financial report is complete. 2 Sec. 8. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 3 is appropriated from the general fund of the state to the 4 Iowa ethics and campaign disclosure board for the fiscal year 5 beginning July 1, 2011, and ending June 30, 2012, the following 6 amount, or so much thereof as is necessary, for the purposes 7 designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,000 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 13 Sec. 9. DEPARTMENT OF COMMERCE. 14 1. There is appropriated from the general fund of the 15 state to the department of commerce for the fiscal year 16 beginning July 1, 2011, and ending June 30, 2012, the following 17 amounts, or so much thereof as is necessary, for the purposes 18 designated: 19 a. ALCOHOLIC BEVERAGES DIVISION 20 (1) For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,391 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 25 (2) Of the funds appropriated pursuant to this paragraph, up 26 to $60,000 shall be used to establish and implement a web-based 27 alcohol compliance employee training program for alcoholic 28 beverage sales personnel. 29 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 609,353 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 35 -5- LSB 2811HV (1) 84 tm/jp 5/ 518
H.F. 697 2. There is appropriated from the department of commerce 1 revolving fund created in section 546.12 to the department of 2 commerce for the fiscal year beginning July 1, 2011, and ending 3 June 30, 2012, the following amounts, or so much thereof as is 4 necessary, for the purposes designated: 5 a. BANKING DIVISION 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,851,670 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 11 b. CREDIT UNION DIVISION 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,995 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 17 c. INSURANCE DIVISION 18 (1) For salaries, support, maintenance, and miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,983,244 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50 23 (2) The insurance division may reallocate authorized 24 full-time equivalent positions as necessary to respond to 25 accreditation recommendations or requirements. The insurance 26 division expenditures for examination purposes may exceed the 27 projected receipts, refunds, and reimbursements, estimated 28 pursuant to section 505.7, subsection 7, including the 29 expenditures for retention of additional personnel, if the 30 expenditures are fully reimbursable and the division first does 31 both of the following: 32 (a) Notifies the department of management, the legislative 33 services agency, and the legislative fiscal committee of the 34 need for the expenditures. 35 -6- LSB 2811HV (1) 84 tm/jp 6/ 518
H.F. 697 (b) Files with each of the entities named in subparagraph 1 division (a) the legislative and regulatory justification for 2 the expenditures, along with an estimate of the expenditures. 3 d. UTILITIES DIVISION 4 (1) For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,173,069 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00 9 (2) The utilities division may expend additional funds, 10 including funds for additional personnel, if those additional 11 expenditures are actual expenses which exceed the funds 12 budgeted for utility regulation and the expenditures are fully 13 reimbursable. Before the division expends or encumbers an 14 amount in excess of the funds budgeted for regulation, the 15 division shall first do both of the following: 16 (a) Notify the department of management, the legislative 17 services agency, and the legislative fiscal committee of the 18 need for the expenditures. 19 (b) File with each of the entities named in subparagraph 20 division (a) the legislative and regulatory justification for 21 the expenditures, along with an estimate of the expenditures. 22 (3) In addition to the funds otherwise appropriated to the 23 division in subparagraph (1), and contingent upon the enactment 24 of legislation during the 2011 legislative session relating 25 to the permitting, licensing, construction, and operation of 26 nuclear generation facilities and establishing rate-making 27 principles in relation thereto, for salaries, support, 28 maintenance, and miscellaneous purposes, and for not more than 29 the following full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.50 32 3. CHARGES. Each division and the office of consumer 33 advocate shall include in its charges assessed or revenues 34 generated an amount sufficient to cover the amount stated 35 -7- LSB 2811HV (1) 84 tm/jp 7/ 518
H.F. 697 in its appropriation and any state-assessed indirect costs 1 determined by the department of administrative services. 2 Sec. 10. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING 3 AND REGULATION BUREAU. There is appropriated from the housing 4 trust fund of the Iowa finance authority created in section 5 16.181, to the bureau of professional licensing and regulation 6 of the banking division of the department of commerce for the 7 fiscal year beginning July 1, 2011, and ending June 30, 2012, 8 the following amount, or so much thereof as is necessary, to be 9 used for the purposes designated: 10 For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,317 13 Sec. 11. GOVERNOR AND LIEUTENANT GOVERNOR. There is 14 appropriated from the general fund of the state to the offices 15 of the governor and the lieutenant governor for the fiscal year 16 beginning July 1, 2011, and ending June 30, 2012, the following 17 amounts, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,288,025 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88 23 Sec. 12. GOVERNOR’S OFFICE OF DRUG CONTROL POLICY. There 24 is appropriated from the general fund of the state to the 25 governor’s office of drug control policy for the fiscal year 26 beginning July 1, 2011, and ending June 30, 2012, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 For salaries, support, maintenance, and miscellaneous 30 purposes, including statewide coordination of the drug abuse 31 resistance education (D.A.R.E.) programs or similar programs, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 326,043 35 -8- LSB 2811HV (1) 84 tm/jp 8/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.00 1 Sec. 13. DEPARTMENT OF HUMAN RIGHTS. There is appropriated 2 from the general fund of the state to the department of human 3 rights for the fiscal year beginning July 1, 2011, and ending 4 June 30, 2012, the following amounts, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 1. CENTRAL ADMINISTRATION DIVISION 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 206,103 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 12 2. COMMUNITY ADVOCACY AND SERVICES DIVISION 13 For salaries, support, maintenance, and miscellaneous 14 purposes, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 820,135 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 18 3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 19 For salaries, support, maintenance, and miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,023,892 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 24 The criminal and juvenile justice planning advisory council 25 and the juvenile justice advisory council shall coordinate 26 their efforts in carrying out their respective duties relative 27 to juvenile justice. 28 Sec. 14. DEPARTMENT OF INSPECTIONS AND APPEALS. There 29 is appropriated from the general fund of the state to the 30 department of inspections and appeals for the fiscal year 31 beginning July 1, 2011, and ending June 30, 2012, the following 32 amounts, or so much thereof as is necessary, for the purposes 33 designated: 34 1. ADMINISTRATION DIVISION 35 -9- LSB 2811HV (1) 84 tm/jp 9/ 518
H.F. 697 For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,537,715 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40 5 2. ADMINISTRATIVE HEARINGS DIVISION 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 528,753 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 11 3. INVESTIGATIONS DIVISION 12 a. For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,168,639 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50 17 b. The department, in coordination with the investigations 18 division, shall provide a report to the general assembly by 19 January 10, 2012, concerning the fiscal impact of additional 20 full-time equivalent positions on the department’s efforts 21 relative to the Medicaid divestiture program under chapter 22 249F. 23 4. HEALTH FACILITIES DIVISION 24 a. For salaries, support, maintenance, and miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,555,328 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75 29 b. The department shall, in coordination with the health 30 facilities division, make the following information available 31 to the public in a timely manner, to include providing the 32 information on the department’s internet website, during the 33 fiscal year beginning July 1, 2011, and ending June 30, 2012: 34 (1) The number of inspections conducted by the division 35 -10- LSB 2811HV (1) 84 tm/jp 10/ 518
H.F. 697 annually by type of service provider and type of inspection. 1 (2) The total annual operations budget for the division, 2 including general fund appropriations and federal contract 3 dollars received by type of service provider inspected. 4 (3) The total number of full-time equivalent positions in 5 the division, to include the number of full-time equivalent 6 positions serving in a supervisory capacity, and serving as 7 surveyors, inspectors, or monitors in the field by type of 8 service provider inspected. 9 (4) Identification of state and federal survey trends, 10 cited regulations, the scope and severity of deficiencies 11 identified, and federal and state fines assessed and collected 12 concerning nursing and assisted living facilities and programs. 13 c. It is the intent of the general assembly that the 14 department and division continuously solicit input from 15 facilities regulated by the division to assess and improve 16 the division’s level of collaboration and to identify new 17 opportunities for cooperation. 18 5. EMPLOYMENT APPEAL BOARD 19 a. For salaries, support, maintenance, and miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,215 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 24 b. The employment appeal board shall be reimbursed by 25 the labor services division of the department of workforce 26 development for all costs associated with hearings conducted 27 under chapter 91C, related to contractor registration. The 28 board may expend, in addition to the amount appropriated under 29 this subsection, additional amounts as are directly billable 30 to the labor services division under this subsection and to 31 retain the additional full-time equivalent positions as needed 32 to conduct hearings required pursuant to chapter 91C. 33 6. CHILD ADVOCACY BOARD 34 a. For foster care review and the court appointed special 35 -11- LSB 2811HV (1) 84 tm/jp 11/ 518
H.F. 697 advocate program, including salaries, support, maintenance, and 1 miscellaneous purposes, and for not more than the following 2 full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,554,771 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80 5 b. The department of human services, in coordination with 6 the child advocacy board and the department of inspections and 7 appeals, shall submit an application for funding available 8 pursuant to Tit. IV-E of the federal Social Security Act for 9 claims for child advocacy board administrative review costs. 10 c. The court appointed special advocate program shall 11 investigate and develop opportunities for expanding 12 fund-raising for the program. 13 d. Administrative costs charged by the department of 14 inspections and appeals for items funded under this subsection 15 shall not exceed 4 percent of the amount appropriated in this 16 subsection. 17 Sec. 15. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL 18 CORPORATION FOOD INSPECTIONS. For the fiscal year beginning 19 July 1, 2011, and ending June 30, 2012, the department of 20 inspections and appeals shall retain any license fees generated 21 during the fiscal year as a result of actions under section 22 137F.3A occurring during the period beginning July 1, 2009, 23 and ending June 30, 2011, for the purpose of enforcing the 24 provisions of chapters 137C, 137D, and 137F. 25 Sec. 16. DEPARTMENT OF INSPECTIONS AND APPEALS —— 26 HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any 27 provision of section 135C.16 to the contrary, inspections of 28 health care facilities that are only state-licensed and not 29 certified under the Medicare or Medicaid programs shall not be 30 inspected by the department of inspections and appeals every 31 thirty months, but only as provided pursuant to sections 135C.9 32 and 135C.38. 33 Sec. 17. DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL 34 SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION. There is 35 -12- LSB 2811HV (1) 84 tm/jp 12/ 518
H.F. 697 appropriated from the Medicaid fraud fund created in section 1 249.7 to the health facilities division of the department of 2 inspections and appeals for the fiscal year beginning July 3 1, 2011, and ending June 30, 2012, the following amount, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 9 Sec. 18. INVESTIGATIONS DIVISION OF DEPARTMENT OF 10 INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION. If 11 Senate File 313 or successor legislation providing for debt 12 setoff or other recovery activities for nonpayment of premiums 13 pursuant to section 249A.3, subsection 2, paragraph “a”, 14 subparagraph (1), relating to a special income eligibility 15 group under the Medicaid program, or pursuant to section 16 249J.8, subsection 1, relating to the expansion population 17 eligibility group under the IowaCare program, is enacted by 18 the Eighty-fourth General Assembly, 2011 Session, in addition 19 to other full-time equivalent positions authorized for the 20 investigations division of the department of inspections and 21 appeals for the fiscal year beginning July 1, 2011, not more 22 than 2.00 FTEs are authorized, to the extent funded through 23 moneys available to the department of human services, to 24 be used to implement such provisions of Senate File 313 or 25 successor legislation. 26 Sec. 19. RACING AND GAMING COMMISSION. 27 1. RACETRACK REGULATION 28 There is appropriated from the gaming regulatory revolving 29 fund established in section 99F.20 to the racing and gaming 30 commission of the department of inspections and appeals for the 31 fiscal year beginning July 1, 2011, and ending June 30, 2012, 32 the following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For salaries, support, maintenance, and miscellaneous 35 -13- LSB 2811HV (1) 84 tm/jp 13/ 518
H.F. 697 purposes for the regulation of pari-mutuel racetracks, and for 1 not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,511,440 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53 4 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION 5 There is appropriated from the gaming regulatory revolving 6 fund established in section 99F.20 to the racing and gaming 7 commission of the department of inspections and appeals for the 8 fiscal year beginning July 1, 2011, and ending June 30, 2012, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes for administration and enforcement of the excursion 13 boat gambling and gambling structure laws, and for not more 14 than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,078,100 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22 17 Sec. 20. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF 18 INSPECTIONS AND APPEALS. There is appropriated from the road 19 use tax fund created in section 312.1 to the administrative 20 hearings division of the department of inspections and appeals 21 for the fiscal year beginning July 1, 2011, and ending June 30, 22 2012, the following amount, or so much thereof as is necessary, 23 for the purposes designated: 24 For salaries, support, maintenance, and miscellaneous 25 purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,623,897 27 Sec. 21. DEPARTMENT OF MANAGEMENT. 28 1. There is appropriated from the general fund of the state 29 to the department of management for the fiscal year beginning 30 July 1, 2011, and ending June 30, 2012, the following amounts, 31 or 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 -14- LSB 2811HV (1) 84 tm/jp 14/ 518
H.F. 697 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,423,998 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 3 2. Of the moneys appropriated in this section, the 4 department shall use a portion for enterprise resource 5 planning, providing for a salary model administrator, 6 conducting performance audits, and for the department’s LEAN 7 process. 8 Sec. 22. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF 9 MANAGEMENT. There is appropriated from the road use tax fund 10 created in section 312.1 to the department of management for 11 the fiscal year beginning July 1, 2011, and ending June 30, 12 2012, the following amount, or so much thereof as is necessary, 13 to be used for the purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,000 17 Sec. 23. DEPARTMENT OF REVENUE. 18 1. There is appropriated from the general fund of the state 19 to the department of revenue for the fiscal year beginning July 20 1, 2011, and ending June 30, 2012, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,615,484 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48 28 2. Of the funds appropriated pursuant to this section, 29 $400,000 shall be used to pay the direct costs of compliance 30 related to the collection and distribution of local sales and 31 services taxes imposed pursuant to chapters 423B and 423E. 32 3. The director of revenue shall prepare and issue a state 33 appraisal manual and the revisions to the state appraisal 34 manual as provided in section 421.17, subsection 17, without 35 -15- LSB 2811HV (1) 84 tm/jp 15/ 518
H.F. 697 cost to a city or county. 1 Sec. 24. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 2 appropriated from the motor fuel tax fund created by section 3 452A.77 to the department of revenue for the fiscal year 4 beginning July 1, 2011, and ending June 30, 2012, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, miscellaneous purposes, 8 and for administration and enforcement of the provisions of 9 chapter 452A and the motor vehicle use tax program: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,305,775 11 Sec. 25. SECRETARY OF STATE. 12 1. There is appropriated from the general fund of the state 13 to the office of the secretary of state for the fiscal year 14 beginning July 1, 2011, and ending June 30, 2012, the following 15 amounts, or so much thereof as is necessary, to be used for the 16 purposes designated: 17 For salaries, support, maintenance, and miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,895,585 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00 22 2. The state department or state agency which provides 23 data processing services to support voter registration file 24 maintenance and storage shall provide those services without 25 charge. 26 Sec. 26. SECRETARY OF STATE FILING FEES REFUND. 27 Notwithstanding the obligation to collect fees pursuant to the 28 provisions of section 490.122, subsection 1, paragraphs “a” and 29 “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, 30 “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 31 1, 2011, the secretary of state may refund these fees to the 32 filer pursuant to rules established by the secretary of state. 33 The decision of the secretary of state not to issue a refund 34 under rules established by the secretary of state is final and 35 -16- LSB 2811HV (1) 84 tm/jp 16/ 518
H.F. 697 not subject to review pursuant to chapter 17A. 1 Sec. 27. TREASURER. 2 1. There is appropriated from the general fund of the 3 state to the office of treasurer of state for the fiscal year 4 beginning July 1, 2011, and ending June 30, 2012, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 854,289 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80 12 2. The office of treasurer of state shall supply clerical 13 and secretarial support for the executive council. 14 Sec. 28. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER 15 OF STATE. There is appropriated from the road use tax fund 16 created in section 312.1 to the office of treasurer of state 17 for the fiscal year beginning July 1, 2011, and ending June 30, 18 2012, the following amount, or so much thereof as is necessary, 19 to be used for the purposes designated: 20 For enterprise resource management costs related to the 21 distribution of road use tax funds: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,148 23 Sec. 29. IPERS —— GENERAL OFFICE. There is appropriated 24 from the Iowa public employees’ retirement system fund to the 25 Iowa public employees’ retirement system for the fiscal year 26 beginning July 1, 2011, and ending June 30, 2012, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 For salaries, support, maintenance, and other operational 30 purposes to pay the costs of the Iowa public employees’ 31 retirement system, and for not more than the following 32 full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,686,968 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13 35 -17- LSB 2811HV (1) 84 tm/jp 17/ 518
H.F. 697 Sec. 30. STATE CAPITOL SIDEWALK HEATING —— 1 DISCONNECTION. The department of administrative services 2 shall disconnect electricity to the heated sidewalk installed 3 in the entry walkway on the East side of the state capitol 4 building, and shall not reconnect the electricity without the 5 authorization of the general assembly. 6 Sec. 31. Section 8A.111, subsection 4, Code 2011, is amended 7 by striking the subsection. 8 Sec. 32. Section 8A.311, subsection 15, Code 2011, is 9 amended to read as follows: 10 15. a. A bidder awarded , to be considered for an award 11 of a state construction contract , shall disclose to the state 12 agency awarding the contract the names of all subcontractors , 13 and suppliers who will work on the project being bid , within 14 forty-eight hours after the award of the contract published 15 date and time by which bids must submitted . 16 b. A bidder shall not replace a subcontractor or supplier 17 disclosed under paragraph “a” without the approval of the state 18 agency awarding the contract. 19 c. A bidder, prior to an award or who is awarded a state 20 construction contract, shall disclose all of the following, as 21 applicable: 22 b. (1) If a subcontractor named or supplier disclosed under 23 paragraph “a” by a bidder awarded a state construction contract 24 is replaced, or if the reason for replacement and the name of 25 the new subcontractor or supplier. 26 (2) If the cost of work to be done by a subcontractor or 27 supplier is reduced, the bidder shall disclose the name of 28 the new subcontractor or changed or if the replacement of a 29 subcontractor or supplier results in a change in the cost, the 30 amount of the reduced change in cost. 31 Sec. 33. Section 8A.315, subsection 1, paragraph d, Code 32 2011, is amended by striking the paragraph. 33 Sec. 34. Section 8A.321, subsection 6, Code 2011, is amended 34 to read as follows: 35 -18- LSB 2811HV (1) 84 tm/jp 18/ 518
H.F. 697 6. a. Lease all buildings and office space necessary to 1 carry out the provisions of this subchapter or necessary for 2 the proper functioning of any state agency at the seat of 3 government wherever located throughout the state . For state 4 agencies at the seat of government, the director may lease 5 buildings and office space in Polk county or in a county 6 contiguous to Polk county. If no specific appropriation 7 has been made, the proposed lease shall be submitted to the 8 executive council for approval. The cost of any lease for 9 which no specific appropriation has been made shall be paid 10 from the fund provided in section 7D.29 . Additionally, the 11 director shall also develop cooperative relationships with the 12 state board of regents in order to promote colocation of state 13 agencies. 14 b. When the general assembly is not in session, the director 15 may request moneys from the executive council for moving 16 state agencies located at the seat of government from one 17 location to another. The request may include moving costs, 18 telecommunications costs, repair costs, or any other costs 19 relating to the move. The executive council may approve and 20 shall pay the costs from funds provided in section 7D.29 if it 21 determines the agency or department has no available funds for 22 these expenses. 23 c. Coordinate the leasing of buildings and office space by 24 state agencies throughout the state and develop cooperative 25 relationships with the state board of regents in order to 26 promote the colocation of state agencies. 27 Sec. 35. Section 8A.327, subsection 1, Code 2011, is amended 28 to read as follows: 29 1. A rent revolving fund is created in the state treasury 30 under the control of the department to be used by the 31 department to pay the lease or rental costs of all buildings 32 and office space necessary for the proper functioning of any 33 state agency at the seat of state government wherever located 34 throughout the state as provided in section 8A.321, subsection 35 -19- LSB 2811HV (1) 84 tm/jp 19/ 518
H.F. 697 6 , except that this fund shall not be used to pay the rental 1 or lease costs of a state agency which has not received funds 2 budgeted for rental or lease purposes. 3 Sec. 36. Section 8A.361, Code 2011, is amended to read as 4 follows: 5 8A.361 Vehicle assignment —— authority in department. 6 The department shall provide for the assignment of all 7 state-owned motor vehicles to utilized by all state officers 8 and employees, and to by all state offices, departments, 9 bureaus, and commissions, except the state department of 10 transportation, institutions under the control of the state 11 board of regents, the department for the blind, and any other 12 agencies exempted by law. 13 Sec. 37. Section 8A.362, subsection 4, paragraphs a through 14 c, Code 2011, are amended to read as follows: 15 a. The director shall provide for the purchase of all motor 16 vehicles for all branches of the state government, except the 17 state department of transportation, institutions under the 18 control of the state board of regents, the department for the 19 blind, and any other state agency exempted by law , which are 20 not rented or leased pursuant to section 8A.367 . The director 21 shall purchase new vehicles in accordance with competitive 22 bidding procedures for items or services as provided in 23 this subchapter . The director may purchase used or preowned 24 vehicles at governmental or dealer auctions if the purchase is 25 determined to be in the best interests of the state. 26 b. The director, and any other state agency, which for 27 purposes of this subsection includes but is not limited to 28 community colleges and institutions under the control of the 29 state board of regents, or local governmental subdivisions 30 purchasing new motor vehicles, shall purchase new passenger 31 motor vehicles and light trucks , which are not rented or leased 32 pursuant to section 8A.367, so that the average fuel efficiency 33 for the fleet of new passenger vehicles and light trucks 34 purchased in that year equals or exceeds the average fuel 35 -20- LSB 2811HV (1) 84 tm/jp 20/ 518
H.F. 697 economy standard for the vehicles’ model year as established by 1 the United States secretary of transportation under 15 U.S.C. 2 § 2002. This paragraph does not apply to vehicles purchased 3 for law enforcement purposes or used for off-road maintenance 4 work, or work vehicles used to pull loaded trailers. 5 c. Not later than June 15 of each year, the director 6 shall report compliance with the corporate average fuel 7 economy standards published by the United States secretary 8 of transportation for new assigned motor vehicles, other 9 than motor vehicles purchased by the state department of 10 transportation, institutions under the control of the state 11 board of regents, the department for the blind, and any other 12 state agency exempted from the requirements of this subsection . 13 The report of compliance shall classify the vehicles purchased 14 assigned for the current vehicle model year using the following 15 categories: passenger automobiles, enforcement automobiles, 16 vans, and light trucks. The director shall deliver a copy 17 of the report to the office of energy independence. As used 18 in this paragraph, “corporate average fuel economy” means the 19 corporate average fuel economy as defined in 49 C.F.R. § 533.5. 20 Sec. 38. Section 8A.362, subsection 5, Code 2011, is amended 21 by striking the subsection. 22 Sec. 39. Section 8A.362, subsections 7 through 9, Code 2011, 23 are amended to read as follows: 24 7. The director may authorize the establishment of motor 25 pools consisting of a number of state-owned state-assigned 26 motor vehicles under the director’s supervision. The director 27 may store the motor vehicles in a public or private garage. If 28 the director establishes a motor pool, any state officer or 29 employee desiring the use of a state-owned state-assigned motor 30 vehicle on state business shall notify the director of the need 31 for a vehicle within a reasonable time prior to actual use of 32 the motor vehicle. The director may assign a motor vehicle 33 from the motor pool to the state officer or employee , or from 34 the vendor awarded a contract pursuant to section 8A.367 . If 35 -21- LSB 2811HV (1) 84 tm/jp 21/ 518
H.F. 697 two or more state officers or employees desire the use of a 1 state-owned state-assigned motor vehicle for a trip to the 2 same destination for the same length of time, the director may 3 assign one vehicle to make the trip. 4 8. The director shall require that a sign be placed on 5 each state-owned motor vehicle in a conspicuous place which 6 indicates its ownership by the state. This requirement 7 shall not apply to motor vehicles requested to be exempt by 8 the director or by the commissioner of public safety. All 9 state-owned motor vehicles shall display registration plates 10 bearing the word “official” except motor vehicles requested to 11 be furnished with ordinary plates by the director or by the 12 commissioner of public safety pursuant to section 321.19 . The 13 director shall keep an accurate record of the registration 14 plates used on all state-owned motor vehicles. This subsection 15 shall not apply to an assigned vehicle rented or leased 16 pursuant to section 8A.367. 17 9. All fuel used in state-owned state-assigned automobiles 18 shall be purchased at cost from the various installations 19 or garages of the state department of transportation, state 20 board of regents, department of human services, or state motor 21 pools throughout the state, unless the state-owned sources 22 for the purchase of fuel are not reasonably accessible. If 23 the director determines that state-owned sources for the 24 purchase of fuel are not reasonably accessible, the director 25 shall authorize the purchase of fuel from other sources. The 26 director may prescribe a manner, other than the use of the 27 revolving fund, in which the purchase of fuel from state-owned 28 sources is charged to the state agency responsible for the 29 use of the motor vehicle. The director shall prescribe the 30 manner in which oil and other normal motor vehicle maintenance 31 for state-owned motor vehicles may be purchased from private 32 sources, if they cannot be reasonably obtained from a state 33 motor pool. The director may advertise for bids and award 34 contracts in accordance with competitive bidding procedures 35 -22- LSB 2811HV (1) 84 tm/jp 22/ 518
H.F. 697 for items and services as provided in this subchapter for 1 furnishing fuel, oil, grease, and vehicle replacement parts for 2 all state-owned motor vehicles. The director and other state 3 agencies, when advertising for bids for gasoline, shall also 4 seek bids for ethanol blended gasoline. 5 Sec. 40. Section 8A.363, subsection 1, Code 2011, is amended 6 to read as follows: 7 1. A state officer or employee shall not use a state-owned 8 state-assigned motor vehicle for personal private use. A 9 state officer or employee shall not be compensated for driving 10 a privately owned motor vehicle unless it is done on state 11 business with the approval of the director. In that case 12 the state officer or employee shall receive an amount to be 13 determined by the director. The amount shall not exceed 14 the maximum allowable under the federal internal revenue 15 service rules per mile, notwithstanding established mileage 16 requirements or depreciation allowances. However, the director 17 may authorize private motor vehicle rates in excess of the 18 rate allowed under the federal internal revenue service rules 19 for state business use of substantially modified or specially 20 equipped privately owned vehicles required by persons with 21 disabilities. A statutory provision establishing reimbursement 22 for necessary mileage, travel, or actual expenses to a state 23 officer falls under the private motor vehicle mileage rate 24 limitation provided in this section unless specifically 25 provided otherwise. Any peace officer employed by the state 26 as defined in section 801.4 who is required to use a private 27 motor vehicle in the performance of official duties shall 28 receive the private vehicle mileage rate at the rate provided 29 in this section . However, the director may delegate authority 30 to officials of the state, and department heads, for the 31 use of private vehicles on state business up to a yearly 32 mileage figure established by the director. If a state motor 33 vehicle has been assigned to a state officer or employee, the 34 officer or employee shall not collect mileage for the use of a 35 -23- LSB 2811HV (1) 84 tm/jp 23/ 518
H.F. 697 privately owned motor vehicle unless the state motor vehicle 1 assigned is not usable. 2 Sec. 41. NEW SECTION . 8A.367 State-owned passenger vehicles 3 —— disposition and sale —— fleet privatization. 4 1. For purposes of this section, “passenger vehicles” 5 means United States environmental protection agency designated 6 compact sedans, compact wagon, midsize sedans, midsize wagons, 7 full-size sedans, and passenger minivans, and additional 8 vehicle classes determined by the department to be able to be 9 reasonably supported by a private entity for rental or leasing. 10 “Passenger vehicles” does not mean utility vehicles, vans other 11 than passenger minivans, fire trucks, ambulances, motor homes, 12 buses, medium-duty and heavy-duty trucks, heavy construction 13 equipment, and other highway maintenance vehicles, vehicles 14 assigned for law enforcement purposes, and any other classes of 15 vehicles of limited application approved by the director of the 16 department of administrative services. 17 2. On or before September 30, 2011, the department shall 18 implement a request for proposal process to enter into a 19 contract for the purpose of state passenger vehicle rental or 20 leasing from a private entity. Prior to awarding a contract, a 21 private entity shall demonstrate the following: 22 a. Existence of sufficient inventory of passenger vehicles 23 within this state to accommodate the needs of the state in 24 assigning passenger vehicles. 25 b. Existence of adequate personnel in any county within 26 the state where rental and leasing activity can be supported 27 to satisfy the terms of the contract in renting or leasing 28 state-assigned vehicles. 29 c. Existence of adequate personnel to facilitate the 30 sale and disposition of the existing state-owned passenger 31 vehicles returned to the department pursuant to subsection 3 or 32 otherwise under the control of the department. Notwithstanding 33 the provisions of section 8A.364 to the contrary, proceeds from 34 the sale of motor vehicles as provided by this subsection shall 35 -24- LSB 2811HV (1) 84 tm/jp 24/ 518
H.F. 697 be credited to the fund from which the motor vehicles were 1 purchased. 2 3. By March 1, 2012, the department shall award a vehicle 3 rental or leasing contract to a private entity, and shall 4 assign passenger vehicles for rental or lease pursuant to that 5 contract, to the extent the department determines doing so 6 would be economically feasible and financially advantageous. 7 By March 1, 2012, all state-assigned passenger vehicles 8 designated for use by multiple drivers, and located in any 9 county of this state which can support the operation of a 10 private entity for rental and leasing purposes, which the 11 department determines would be suitable for rental or leasing 12 shall be returned to the department for use and disposition as 13 provided in this section. 14 4. Notwithstanding any other provision of state law to the 15 contrary, a private entity awarded a contract pursuant to this 16 section shall not be required to indemnify or hold harmless the 17 state for any liability the state might have to any third party 18 due to the negligence of the state or any of its employees. 19 5. The department shall conduct an ongoing evaluation 20 regarding the economic advantages of renting or leasing 21 state-assigned vehicles versus state ownership of such 22 vehicles, and shall accordingly adjust the number of vehicles 23 subject to the rental and leasing contract pursuant to this 24 section at intervals specified in the contract. 25 Sec. 42. Section 8A.512, subsection 2, Code 2011, is amended 26 by striking the subsection. 27 Sec. 43. NEW SECTION . 8A.512A Executive branch employee 28 travel —— information and database. 29 1. The department shall develop and maintain the following: 30 a. An electronic travel authorization form to be used 31 for any executive branch employee’s reimbursable travel, 32 conference, or related expenditures associated with 33 the employee’s official duties. The electronic travel 34 authorization form shall include all of the following: 35 -25- LSB 2811HV (1) 84 tm/jp 25/ 518
H.F. 697 (1) The identification of the employee, the employee’s 1 title, and the employee’s department or agency. 2 (2) The travel departure point and destination point. 3 (3) The reason for the travel. 4 (4) The estimated reimbursable expenses. 5 (5) The date or dates upon which the travel is to occur. 6 b. A searchable database available on the department’s 7 internet site containing information related to all executive 8 branch employee travel that includes all of the following: 9 (1) The identification of the employee who engaged in the 10 travel, the employee’s department or agency, and the employee’s 11 title. 12 (2) The travel departure point and destination point. 13 (3) The reason for the travel. 14 (4) The actual amount of expenses reimbursed. 15 (5) The date or dates upon which the travel occurred. 16 2. A claim for reimbursement for any travel, conference, or 17 related expenditures shall only be allowed after the occurrence 18 of both of the following: 19 a. The electronic travel authorization form is approved by 20 the head of the employee’s department. 21 b. The request for reimbursement is submitted by the 22 employee on the appropriate form with required approvals. 23 3. For purposes of this section, “executive branch employee” 24 means an employee of the executive branch as defined in section 25 7D.2, other than a member or employee of the state board of 26 regents and institutions under the control of the state board 27 of regents. 28 Sec. 44. Section 22.3A, subsection 1, paragraph e, Code 29 2011, is amended to read as follows: 30 e. “Data processing software” means an ordered set of 31 instructions or statements that, when executed by a computer, 32 causes the computer to process data, and includes any program 33 or set of programs, procedures, or routines used to employ 34 and control capabilities of computer hardware. As used in 35 -26- LSB 2811HV (1) 84 tm/jp 26/ 518
H.F. 697 this paragraph “data processing software” includes but is not 1 limited to an operating system, compiler, assembler, utility, 2 library resource, maintenance routine, application, or computer 3 networking program , or the associated documentation . 4 Sec. 45. Section 99D.14, subsection 2, paragraph b, Code 5 2011, is amended to read as follows: 6 b. Notwithstanding sections 8.60 and 99D.17 , the portion of 7 the fee paid pursuant to paragraph “a” relating to the costs 8 of special agents plus any direct and indirect support costs 9 for the agents, for the division of criminal investigation’s 10 racetrack activities, shall not be deposited in the general 11 fund of the state but instead shall be deposited into either 12 the gaming enforcement revolving fund established in section 13 80.43 or the gaming regulatory revolving fund established in 14 section 99F.20, as determined by the department . 15 Sec. 46. Section 99F.10, subsection 4, paragraph b, Code 16 2011, is amended to read as follows: 17 b. Notwithstanding sections 8.60 and 99F.4 , the portion of 18 the fee paid pursuant to paragraph “a” relating to the costs 19 of special agents and officers plus any direct and indirect 20 support costs for the agents and officers, for the division of 21 criminal investigation’s excursion gambling boat or gambling 22 structure activities, shall not be deposited in the general 23 fund of the state but instead shall be deposited into either 24 the gaming enforcement revolving fund established in section 25 80.43 or the gaming regulatory revolving fund established in 26 section 99F.20, as determined by the department . 27 Sec. 47. NEW SECTION . 99F.20 Gaming regulatory revolving 28 fund. 29 1. A gaming regulatory revolving fund is created in the 30 state treasury under the control of the department. The fund 31 shall consist of fees collected and deposited into the fund 32 paid by licensees pursuant to section 99D.14, subsection 2, 33 paragraph “b” , and fees paid by licensees pursuant to section 34 99F.10, subsection 4, paragraph “b” . All costs relating to 35 -27- LSB 2811HV (1) 84 tm/jp 27/ 518
H.F. 697 racetrack, excursion boat, and gambling structure regulation 1 shall be paid from the fund as provided in appropriations made 2 for this purpose by the general assembly. The department shall 3 provide quarterly reports to the department of management and 4 the legislative services agency specifying revenues billed 5 and collected and expenditures from the fund in a format as 6 determined by the department of management in consultation with 7 the legislative services agency. 8 2. To meet the department’s cash flow needs, the department 9 may temporarily use funds from the general fund of the state 10 to pay expenses in excess of moneys available in the revolving 11 fund if those additional expenditures are fully reimbursable 12 and the department reimburses the general fund of the state 13 and ensures all moneys are repaid in full by the close of the 14 fiscal year. Notwithstanding any provision to the contrary, 15 the department shall, to the fullest extent possible, make 16 an estimate of billings and make such billings as early as 17 possible in each fiscal year, so that the need for the use 18 of general fund moneys is minimized to the lowest extent 19 possible. Because any general fund moneys used shall be fully 20 reimbursed, such temporary use of funds from the general fund 21 of the state shall not constitute an appropriation for purposes 22 of calculating the state general fund expenditure limitation 23 pursuant to section 8.54. 24 3. Section 8.33 does not apply to any moneys credited or 25 appropriated to the revolving fund from any other fund. 26 4. The establishment of the revolving fund pursuant to this 27 section shall not be interpreted in any manner to compromise 28 or impact the accountability of, or limit authority with 29 respect to, the department under state law. Any provision 30 applicable to, or responsibility of, the department shall not 31 be altered or impacted by the existence of the fund and shall 32 remain applicable to the same extent as if the department were 33 receiving moneys pursuant to a general fund appropriation. 34 The department shall comply with directions by the governor 35 -28- LSB 2811HV (1) 84 tm/jp 28/ 518
H.F. 697 to executive branch departments regarding restrictions on 1 out-of-state travel, hiring justifications, association 2 memberships, equipment purchases, consulting contracts, and 3 any other expenditure efficiencies that the governor deems 4 appropriate. 5 Sec. 48. Section 217.20, Code 2011, is amended by striking 6 the section. 7 Sec. 49. Section 249A.7, subsection 3, as amended by 2011 8 Iowa Acts, House File 389, section 1, is amended by striking 9 the subsection and inserting in lieu thereof the following: 10 3. a. A Medicaid fraud fund is created in the state 11 treasury under the authority of the department of inspections 12 and appeals. Moneys from penalties, investigative costs 13 recoupled by the Medicaid fraud control unit, and other amounts 14 received as a result of prosecutions involving the department 15 of inspections and appeals investigations and audits to ensure 16 compliance with the medical assistance program that are not 17 credited to the program shall be credited to the fund. 18 b. Notwithstanding section 8.33, moneys credited to the 19 fund from any other account or fund shall not revert to the 20 other account or fund. Moneys in the fund shall only be used as 21 provided in appropriations from the fund and shall be used in 22 accordance with applicable laws, regulations, and the policies 23 of the office of inspector general of the United States 24 department of health and human services. 25 c. For the purposes of this subsection, “investigative 26 costs” means the reasonable value of a Medicaid fraud control 27 unit investigator’s, auditor’s or employee’s time, any moneys 28 expended by the Medicaid fraud control unit, and the reasonable 29 fair market value of resources used or expended by the Medicaid 30 fraud control unit in a case resulting in a criminal conviction 31 of a provider under this chapter or chapter 714 or 715A. 32 Sec. 50. Section 546.12, Code 2011, is amended to read as 33 follows: 34 546.12 Department of commerce revolving fund. 35 -29- LSB 2811HV (1) 84 tm/jp 29/ 518
H.F. 697 1. A department of commerce revolving fund is created in 1 the state treasury. The fund shall consist of moneys collected 2 by the banking division; credit union division; utilities 3 division, including moneys collected on behalf of the office 4 of consumer advocate established in section 475A.3 ; and the 5 insurance division of the department; and deposited into an 6 account for that division or office within the fund on a 7 monthly basis. Except as otherwise provided by statute, all 8 costs for operating the office of consumer advocate and the 9 banking division, the credit union division, the utilities 10 division, and the insurance division of the department shall be 11 paid from the division’s accounts within the fund, subject to 12 appropriation by the general assembly. The insurance division 13 shall administer the fund and all other divisions shall work 14 with the insurance division to make sure the fund is properly 15 accounted and reported to the department of management and the 16 department of administrative services. The divisions shall 17 provide quarterly reports to the department of management 18 and the legislative services agency on revenues billed and 19 collected and expenditures from the fund in a format as 20 determined by the department of management in consultation with 21 the legislative services agency. 22 2. To meet cash flow needs for the office of consumer 23 advocate and the banking division, credit union division, 24 utilities division, or the insurance division of the 25 department, the administrative head of that division or 26 office may temporarily use funds from the general fund of the 27 state to pay expenses in excess of moneys available in the 28 revolving fund for that division or office if those additional 29 expenditures are fully reimbursable and the division or office 30 reimburses the general fund of the state and ensures all 31 moneys are repaid in full by the close of the fiscal year. 32 Notwithstanding any provision to the contrary, the divisions 33 shall, to the fullest extent possible, make an estimate of 34 billings and make such billings as early as possible in each 35 -30- LSB 2811HV (1) 84 tm/jp 30/ 518
H.F. 697 fiscal year, so that the need for the use of general fund 1 moneys is minimized to the lowest extent possible. Because 2 any general fund moneys used shall be fully reimbursed, such 3 temporary use of funds from the general fund of the state shall 4 not constitute an appropriation for purposes of calculating the 5 state general fund expenditure limitation pursuant to section 6 8.54 . 7 3. Section 8.33 does not apply to any moneys credited or 8 appropriated to the revolving fund from any other fund. 9 4. The establishment of the revolving fund pursuant 10 to this section shall not be interpreted in any manner to 11 compromise or impact the accountability of, or limit authority 12 with respect to, an agency or entity under state law. Any 13 provision applicable to, or responsibility of, a division or 14 office collecting moneys for deposit into the fund established 15 pursuant to this section shall not be altered or impacted by 16 the existence of the fund and shall remain applicable to the 17 same extent as if the division or office were receiving moneys 18 pursuant to a general fund appropriation. The divisions of 19 the department of commerce shall comply with directions by the 20 governor to executive branch departments regarding restrictions 21 on out-of-state travel, hiring justifications, association 22 memberships, equipment purchases, consulting contracts, and 23 any other expenditure efficiencies that the governor deems 24 appropriate. 25 Sec. 51. Section 715C.2, subsection 1, Code 2011, is amended 26 to read as follows: 27 1. Any person who owns or licenses computerized data that 28 includes a consumer’s personal information that is used in 29 the course of the person’s business, vocation, occupation, 30 or volunteer activities and that was subject to a breach 31 of security shall give notice of the breach of security 32 following discovery of such breach of security, or receipt 33 of notification under subsection 2 , to any consumer whose 34 personal information was included in the information that was 35 -31- LSB 2811HV (1) 84 tm/jp 31/ 518
H.F. 697 breached. The consumer notification shall be made in the most 1 expeditious manner possible and without unreasonable delay, 2 consistent with the legitimate needs of law enforcement as 3 provided in subsection 3 , and consistent with any measures 4 necessary to sufficiently determine contact information for 5 the affected consumers, determine the scope of the breach, and 6 restore the reasonable integrity, security, and confidentiality 7 of the data. A person required to provide notice of a breach 8 of security under this section shall also notify the attorney 9 general as to the timing, content, and distribution of the 10 notice to consumers and an approximate number of affected 11 consumers. 12 Sec. 52. Section 904.114, Code 2011, is amended to read as 13 follows: 14 904.114 Travel expenses. 15 The director, staff members, assistants, and employees, in 16 addition to salary, shall receive their necessary traveling 17 expenses by the nearest practicable route, when engaged in 18 the performance of official business. Permission shall not 19 be granted to any person to travel to another state except by 20 approval of the board and the executive council . 21 Sec. 53. 2009 Iowa Acts, chapter 169, section 4, subsection 22 2, is amended to read as follows: 23 2. a. From the moneys appropriated in this section, 24 there is transferred to the department of human rights two 25 hundred fifty thousand dollars for deposit in the individual 26 development account state match fund created in section 541A.7. 27 Notwithstanding other provisions to the contrary in section 28 541A.3, subsection 1, moneys appropriated to the individual 29 development account state match fund under this subsection 30 shall be used to provide the state match to account holders 31 affected by a natural disaster occurring in 2008 for which the 32 president of the United States declared a disaster area, and 33 who have a household income that is equal to or less than three 34 hundred percent of the federal poverty level as defined by the 35 -32- LSB 2811HV (1) 84 tm/jp 32/ 518
H.F. 697 most recently revised poverty income guidelines published by 1 the United States department of health and human services. 2 b. Moneys transferred pursuant to paragraph “a” that 3 remain unencumbered or unobligated on July 1, 2011, shall be 4 transferred to the taxpayers trust fund created in section 5 8.57E. 6 Sec. 54. 2010 Iowa Acts, chapter 1193, section 29, is 7 amended to read as follows: 8 SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY. 10 1. There is appropriated from the general fund of the state 11 to the department of administrative services for the fiscal 12 year beginning July 1, 2010, and ending June 30, 2011, the 13 following amount, or so much thereof as is necessary, to be 14 used for the purposes designated: 15 For implementing 2010 Iowa Acts, Senate File 2088, division 16 I, including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 19 2. Notwithstanding section 8.33, moneys appropriated in 20 this section that remain unencumbered or unobligated at the 21 close of the fiscal year ending June 30, 2011, shall not revert 22 but shall remain available for expenditure for the purposes 23 designated until the close of the fiscal year ending June 30, 24 2012. 25 Sec. 55. 2011 Iowa Acts, House File 45, section 8, is 26 amended to read as follows: 27 SEC. 8. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The 28 Iowa telecommunications and technology commission shall 29 implement a request for proposals process to sell or lease 30 the Iowa communications network. The request for proposals 31 shall provide for the sale to be concluded or the lease to 32 commence during the fiscal year beginning July 1, 2011 2012 . 33 The commission shall condition the sale or lease of the Iowa 34 communications network with terms that will allow existing 35 -33- LSB 2811HV (1) 84 tm/jp 33/ 518
H.F. 697 authorized users of the network to continue such use at a 1 lower overall long-term cost when compared to the anticipated 2 operation and maintenance costs if state ownership and control 3 were to continue. Public funds shall not be used to secure 4 the purchase of the network. The commission shall submit 5 periodic status reports to the general assembly at three-month 6 intervals, beginning on October 1, 2011, regarding progress 7 made toward selling or leasing the network. Compliance with 8 or implementation of this section shall be deemed to satisfy 9 the statutory requirement specified in section 8D.12 regarding 10 prior authorization to dispose of the network. 11 Sec. 56. REPEAL. 2009 Iowa Acts, chapter 179, section 146, 12 is repealed. 13 Sec. 57. CODE EDITOR DIRECTIVE. The Code editor is directed 14 to change the words “state-owned” to “state-assigned”, to the 15 extent not otherwise changed pursuant to this Act, in Code 16 sections 8A.362, 8A.363, 8A.364, and 8A.366. 17 Sec. 58. EFFECTIVE UPON ENACTMENT. 18 1. The section of this division of this Act directing the 19 department of administrative services to disconnect electricity 20 to the heated sidewalk installed at the state capitol building, 21 being deemed of immediate importance, takes effect upon 22 enactment. 23 2. The section of this division of this Act providing 24 implementation provisions regarding leasing authority of 25 the department of administrative services, being deemed of 26 immediate importance, takes effect upon enactment. 27 3. The sections of this division of this Act relating to 28 executive branch employee travel and travel reimbursement 29 implementation, being deemed of immediate importance, take 30 effect upon enactment. 31 4. The section of this division of this Act relating to 32 nonreversion of moneys appropriated to the department of 33 administrative services for implementation of 2010 Iowa Acts, 34 chapter 1031, division I, being deemed of immediate importance, 35 -34- LSB 2811HV (1) 84 tm/jp 34/ 518
H.F. 697 takes effect upon enactment. 1 DIVISION II 2 ADMINISTRATION AND REGULATION 3 FY 2012-2013 4 Sec. 59. DEPARTMENT OF ADMINISTRATIVE SERVICES. 5 1. There is appropriated from the general fund of the state 6 to the department of administrative services for the fiscal 7 year beginning July 1, 2012, and ending June 30, 2013, the 8 following amounts, or so much thereof as is necessary, to be 9 used for the purposes designated, and for not more than the 10 following full-time equivalent positions: 11 a. For salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,417,292 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18 15 b. For the payment of utility costs: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,498,490 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 18 Notwithstanding section 8.33, any excess funds appropriated 19 for utility costs in this lettered paragraph shall not revert 20 to the general fund of the state at the end of the fiscal year 21 but shall remain available for expenditure for the purposes of 22 this lettered paragraph during the succeeding fiscal year. 23 c. For Terrace Hill operations: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 345,027 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88 26 d. For the I3 distribution account: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,828,800 28 e. For operations and maintenance of the Iowa building: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 865,457 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 31 2. Members of the general assembly serving as members of 32 the deferred compensation advisory board shall be entitled 33 to receive per diem and necessary travel and actual expenses 34 pursuant to section 2.10, subsection 5, while carrying out 35 -35- LSB 2811HV (1) 84 tm/jp 35/ 518
H.F. 697 their official duties as members of the board. 1 3. Any funds and premiums collected by the department for 2 workers’ compensation shall be segregated into a separate 3 workers’ compensation fund in the state treasury to be used 4 for payment of state employees’ workers’ compensation claims 5 and administrative costs. Notwithstanding section 8.33, 6 unencumbered or unobligated moneys remaining in this workers’ 7 compensation fund at the end of the fiscal year shall not 8 revert but shall be available for expenditure for purposes of 9 the fund for subsequent fiscal years. 10 Sec. 60. REVOLVING FUNDS. There is appropriated to the 11 department of administrative services for the fiscal year 12 beginning July 1, 2012, and ending June 30, 2013, from the 13 revolving funds designated in chapter 8A and from internal 14 service funds created by the department such amounts as the 15 department deems necessary for the operation of the department 16 consistent with the requirements of chapter 8A. 17 Sec. 61. FUNDING FOR IOWACCESS. 18 1. Notwithstanding section 321A.3, subsection 1, for the 19 fiscal year beginning July 1, 2012, and ending June 30, 2013, 20 the first $750,000 collected and transferred by the department 21 of transportation to the treasurer of state with respect to the 22 fees for transactions involving the furnishing of a certified 23 abstract of a vehicle operating record under section 321A.3, 24 subsection 1, shall be transferred to the IowAccess revolving 25 fund for the purposes of developing, implementing, maintaining, 26 and expanding electronic access to government records as 27 provided by law. 28 2. All fees collected with respect to transactions 29 involving IowAccess shall be deposited in the IowAccess 30 revolving fund and shall be used only for the support of 31 IowAccess projects. 32 Sec. 62. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 33 CHARGE. For the fiscal year beginning July 1, 2012, and ending 34 June 30, 2013, the monthly per contract administrative charge 35 -36- LSB 2811HV (1) 84 tm/jp 36/ 518
H.F. 697 which may be assessed by the department of administrative 1 services shall be $2 per contract on all health insurance plans 2 administered by the department. 3 Sec. 63. AUDITOR OF STATE. 4 1. There is appropriated from the general fund of the state 5 to the office of the auditor of state for the fiscal year 6 beginning July 1, 2012, and ending June 30, 2013, the following 7 amount, or so much thereof as is necessary, to be used for 8 the purposes designated, and for not more than the following 9 full-time equivalent positions: 10 For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 795,200 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 14 2. The auditor of state may retain additional full-time 15 equivalent positions as is reasonable and necessary to 16 perform governmental subdivision audits which are reimbursable 17 pursuant to section 11.20 or 11.21, to perform audits which are 18 requested by and reimbursable from the federal government, and 19 to perform work requested by and reimbursable from departments 20 or agencies pursuant to section 11.5A or 11.5B. The auditor 21 of state shall notify the department of management, the 22 legislative fiscal committee, and the legislative services 23 agency of the additional full-time equivalent positions 24 retained. 25 Sec. 64. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 26 is appropriated from the general fund of the state to the 27 Iowa ethics and campaign disclosure board for the fiscal year 28 beginning July 1, 2012, and ending June 30, 2013, the following 29 amount, or so much thereof as is necessary, for the purposes 30 designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 403,750 35 -37- LSB 2811HV (1) 84 tm/jp 37/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 1 Sec. 65. DEPARTMENT OF COMMERCE. 2 1. There is appropriated from the general fund of the 3 state to the department of commerce for the fiscal year 4 beginning July 1, 2012, and ending June 30, 2013, the following 5 amounts, or so much thereof as is necessary, for the purposes 6 designated: 7 a. ALCOHOLIC BEVERAGES DIVISION 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,332 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 13 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 517,950 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 19 2. There is appropriated from the department of commerce 20 revolving fund created in section 546.12 to the department of 21 commerce for the fiscal year beginning July 1, 2012, and ending 22 June 30, 2013, the following amounts, or so much thereof as is 23 necessary, for the purposes designated: 24 a. BANKING DIVISION 25 For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,523,920 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 30 b. CREDIT UNION DIVISION 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,468,796 35 -38- LSB 2811HV (1) 84 tm/jp 38/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 1 c. INSURANCE DIVISION 2 (1) For salaries, support, maintenance, and miscellaneous 3 purposes, and for not more than the following full-time 4 equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,235,757 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50 7 (2) The insurance division may reallocate authorized 8 full-time equivalent positions as necessary to respond to 9 accreditation recommendations or requirements. The insurance 10 division expenditures for examination purposes may exceed the 11 projected receipts, refunds, and reimbursements, estimated 12 pursuant to section 505.7, subsection 7, including the 13 expenditures for retention of additional personnel, if the 14 expenditures are fully reimbursable and the division first does 15 both of the following: 16 (a) Notifies the department of management, the legislative 17 services agency, and the legislative fiscal committee of the 18 need for the expenditures. 19 (b) Files with each of the entities named in subparagraph 20 division (a) the legislative and regulatory justification for 21 the expenditures, along with an estimate of the expenditures. 22 d. UTILITIES DIVISION 23 (1) For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,947,109 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00 28 (2) The utilities division may expend additional funds, 29 including funds for additional personnel, if those additional 30 expenditures are actual expenses which exceed the funds 31 budgeted for utility regulation and the expenditures are fully 32 reimbursable. Before the division expends or encumbers an 33 amount in excess of the funds budgeted for regulation, the 34 division shall first do both of the following: 35 -39- LSB 2811HV (1) 84 tm/jp 39/ 518
H.F. 697 (a) Notify the department of management, the legislative 1 services agency, and the legislative fiscal committee of the 2 need for the expenditures. 3 (b) File with each of the entities named in subparagraph 4 division (a) the legislative and regulatory justification for 5 the expenditures, along with an estimate of the expenditures. 6 (3) In addition to the funds otherwise appropriated to the 7 division in subparagraph (1), and contingent upon the enactment 8 of legislation during the 2011 legislative session relating 9 to the permitting, licensing, construction, and operation of 10 nuclear generation facilities and establishing rate-making 11 principles in relation thereto, for salaries, support, 12 maintenance, and miscellaneous purposes, and for not more than 13 the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 16 3. CHARGES. Each division and the office of consumer 17 advocate shall include in its charges assessed or revenues 18 generated an amount sufficient to cover the amount stated 19 in its appropriation and any state-assessed indirect costs 20 determined by the department of administrative services. 21 Sec. 66. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING 22 AND REGULATION BUREAU. There is appropriated from the housing 23 trust fund of the Iowa finance authority created in section 24 16.181, to the bureau of professional licensing and regulation 25 of the banking division of the department of commerce for the 26 fiscal year beginning July 1, 2012, and ending June 30, 2013, 27 the following amount, or so much thereof as is necessary, to be 28 used for the purposes designated: 29 For salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52,969 32 Sec. 67. GOVERNOR AND LIEUTENANT GOVERNOR. There is 33 appropriated from the general fund of the state to the offices 34 of the governor and the lieutenant governor for the fiscal year 35 -40- LSB 2811HV (1) 84 tm/jp 40/ 518
H.F. 697 beginning July 1, 2012, and ending June 30, 2013, the following 1 amounts, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,944,821 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88 7 Sec. 68. GOVERNOR’S OFFICE OF DRUG CONTROL POLICY. There 8 is appropriated from the general fund of the state to the 9 governor’s office of drug control policy for the fiscal year 10 beginning July 1, 2012, and ending June 30, 2013, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purposes designated: 13 For salaries, support, maintenance, and miscellaneous 14 purposes, including statewide coordination of the drug abuse 15 resistance education (D.A.R.E.) programs or similar programs, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 277,137 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.00 20 Sec. 69. DEPARTMENT OF HUMAN RIGHTS. There is appropriated 21 from the general fund of the state to the department of human 22 rights for the fiscal year beginning July 1, 2012, and ending 23 June 30, 2013, the following amounts, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 1. CENTRAL ADMINISTRATION DIVISION 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,188 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 31 2. COMMUNITY ADVOCACY AND SERVICES DIVISION 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -41- LSB 2811HV (1) 84 tm/jp 41/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 697,115 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 2 3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 870,308 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 8 The criminal and juvenile justice planning advisory council 9 and the juvenile justice advisory council shall coordinate 10 their efforts in carrying out their respective duties relative 11 to juvenile justice. 12 Sec. 70. DEPARTMENT OF INSPECTIONS AND APPEALS. There 13 is appropriated from the general fund of the state to the 14 department of inspections and appeals for the fiscal year 15 beginning July 1, 2012, and ending June 30, 2013, the following 16 amounts, or so much thereof as is necessary, for the purposes 17 designated: 18 1. ADMINISTRATION DIVISION 19 For salaries, support, maintenance, and miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,307,058 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40 24 2. ADMINISTRATIVE HEARINGS DIVISION 25 For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 449,440 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 30 3. INVESTIGATIONS DIVISION 31 a. For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 993,343 35 -42- LSB 2811HV (1) 84 tm/jp 42/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50 1 b. The department, in coordination with the investigations 2 division, shall provide a report to the general assembly by 3 January 10, 2013, concerning the fiscal impact of additional 4 full-time equivalent positions on the department’s efforts 5 relative to the Medicaid divestiture program under chapter 6 249F. 7 4. HEALTH FACILITIES DIVISION 8 a. For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,022,029 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75 13 b. The department shall, in coordination with the health 14 facilities division, make the following information available 15 to the public in a timely manner, to include providing the 16 information on the department’s internet website, during the 17 fiscal year beginning July 1, 2012, and ending June 30, 2013: 18 (1) The number of inspections conducted by the division 19 annually by type of service provider and type of inspection. 20 (2) The total annual operations budget for the division, 21 including general fund appropriations and federal contract 22 dollars received by type of service provider inspected. 23 (3) The total number of full-time equivalent positions in 24 the division, to include the number of full-time equivalent 25 positions serving in a supervisory capacity, and serving as 26 surveyors, inspectors, or monitors in the field by type of 27 service provider inspected. 28 (4) Identification of state and federal survey trends, 29 cited regulations, the scope and severity of deficiencies 30 identified, and federal and state fines assessed and collected 31 concerning nursing and assisted living facilities and programs. 32 c. It is the intent of the general assembly that the 33 department and division continuously solicit input from 34 facilities regulated by the division to assess and improve 35 -43- LSB 2811HV (1) 84 tm/jp 43/ 518
H.F. 697 the division’s level of collaboration and to identify new 1 opportunities for cooperation. 2 5. EMPLOYMENT APPEAL BOARD 3 a. For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,883 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 8 b. The employment appeal board shall be reimbursed by 9 the labor services division of the department of workforce 10 development for all costs associated with hearings conducted 11 under chapter 91C, related to contractor registration. The 12 board may expend, in addition to the amount appropriated under 13 this subsection, additional amounts as are directly billable 14 to the labor services division under this subsection and to 15 retain the additional full-time equivalent positions as needed 16 to conduct hearings required pursuant to chapter 91C. 17 6. CHILD ADVOCACY BOARD 18 a. For foster care review and the court appointed special 19 advocate program, including salaries, support, maintenance, and 20 miscellaneous purposes, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,171,555 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80 24 b. The department of human services, in coordination with 25 the child advocacy board and the department of inspections and 26 appeals, shall submit an application for funding available 27 pursuant to Tit. IV-E of the federal Social Security Act for 28 claims for child advocacy board administrative review costs. 29 c. The court appointed special advocate program shall 30 investigate and develop opportunities for expanding 31 fund-raising for the program. 32 d. Administrative costs charged by the department of 33 inspections and appeals for items funded under this subsection 34 shall not exceed 4 percent of the amount appropriated in this 35 -44- LSB 2811HV (1) 84 tm/jp 44/ 518
H.F. 697 subsection. 1 Sec. 71. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL 2 CORPORATION FOOD INSPECTIONS. For the fiscal year beginning 3 July 1, 2012, and ending June 30, 2013, the department of 4 inspections and appeals shall retain any license fees generated 5 during the fiscal year as a result of actions under section 6 137F.3A occurring during the period beginning July 1, 2009, 7 and ending June 30, 2012, for the purpose of enforcing the 8 provisions of chapters 137C, 137D, and 137F. 9 Sec. 72. DEPARTMENT OF INSPECTIONS AND APPEALS —— 10 HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any 11 provision of section 135C.16 to the contrary, inspections of 12 health care facilities that are only state-licensed and not 13 certified under the Medicare or Medicaid programs shall not be 14 inspected by the department of inspections and appeals every 15 thirty months, but only as provided pursuant to sections 135C.9 16 and 135C.38. 17 Sec. 73. RACING AND GAMING COMMISSION. 18 1. RACETRACK REGULATION 19 There is appropriated from the gaming regulatory revolving 20 fund established in section 99F.20 to the racing and gaming 21 commission of the department of inspections and appeals for the 22 fiscal year beginning July 1, 2012, and ending June 30, 2013, 23 the following amount, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes for the regulation of pari-mutuel racetracks, and for 27 not more than the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,616,385 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53 30 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION 31 There is appropriated from the gaming regulatory revolving 32 fund established in section 99F.20 to the racing and gaming 33 commission of the department of inspections and appeals for the 34 fiscal year beginning July 1, 2012, and ending June 30, 2013, 35 -45- LSB 2811HV (1) 84 tm/jp 45/ 518
H.F. 697 the following amount, or so much thereof as is necessary, to be 1 used for the purposes designated: 2 For salaries, support, maintenance, and miscellaneous 3 purposes for administration and enforcement of the excursion 4 boat gambling and gambling structure laws, and for not more 5 than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,134,724 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22 8 Sec. 74. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF 9 INSPECTIONS AND APPEALS. There is appropriated from the road 10 use tax fund created in section 312.1 to the administrative 11 hearings division of the department of inspections and appeals 12 for the fiscal year beginning July 1, 2012, and ending June 30, 13 2013, the following amount, or so much thereof as is necessary, 14 for the purposes designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,380,312 18 Sec. 75. DEPARTMENT OF MANAGEMENT. 19 1. There is appropriated from the general fund of the state 20 to the department of management for the fiscal year beginning 21 July 1, 2012, and ending June 30, 2013, the following amounts, 22 or so much thereof as is necessary, to be used for the purposes 23 designated: 24 For salaries, support, maintenance, and miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,060,398 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 29 2. Of the moneys appropriated in this section, the 30 department shall use a portion for enterprise resource 31 planning, providing for a salary model administrator, 32 conducting performance audits, and for the department’s LEAN 33 process. 34 Sec. 76. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF 35 -46- LSB 2811HV (1) 84 tm/jp 46/ 518
H.F. 697 MANAGEMENT. There is appropriated from the road use tax fund 1 created in section 312.1 to the department of management for 2 the fiscal year beginning July 1, 2012, and ending June 30, 3 2013, the following amount, or so much thereof as is necessary, 4 to be used for the purposes designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,600 8 Sec. 77. DEPARTMENT OF REVENUE. 9 1. There is appropriated from the general fund of the state 10 to the department of revenue for the fiscal year beginning July 11 1, 2012, and ending June 30, 2013, the following amounts, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,973,161 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48 19 2. Of the funds appropriated pursuant to this section, 20 $400,000 shall be used to pay the direct costs of compliance 21 related to the collection and distribution of local sales and 22 services taxes imposed pursuant to chapters 423B and 423E. 23 3. The director of revenue shall prepare and issue a state 24 appraisal manual and the revisions to the state appraisal 25 manual as provided in section 421.17, subsection 17, without 26 cost to a city or county. 27 Sec. 78. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 28 appropriated from the motor fuel tax fund created by section 29 452A.77 to the department of revenue for the fiscal year 30 beginning July 1, 2012, and ending June 30, 2013, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 For salaries, support, maintenance, miscellaneous purposes, 34 and for administration and enforcement of the provisions of 35 -47- LSB 2811HV (1) 84 tm/jp 47/ 518
H.F. 697 chapter 452A and the motor vehicle use tax program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,109,909 2 Sec. 79. SECRETARY OF STATE. 3 1. There is appropriated from the general fund of the state 4 to the office of the secretary of state for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, the following 6 amounts, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,461,247 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00 13 2. The state department or state agency which provides 14 data processing services to support voter registration file 15 maintenance and storage shall provide those services without 16 charge. 17 Sec. 80. SECRETARY OF STATE FILING FEES REFUND. 18 Notwithstanding the obligation to collect fees pursuant to the 19 provisions of section 490.122, subsection 1, paragraphs “a” and 20 “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, 21 “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 22 1, 2012, the secretary of state may refund these fees to the 23 filer pursuant to rules established by the secretary of state. 24 The decision of the secretary of state not to issue a refund 25 under rules established by the secretary of state is final and 26 not subject to review pursuant to chapter 17A. 27 Sec. 81. TREASURER. 28 1. There is appropriated from the general fund of the 29 state to the office of treasurer of state for the fiscal year 30 beginning July 1, 2012, and ending June 30, 2013, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -48- LSB 2811HV (1) 84 tm/jp 48/ 518
H.F. 697 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 726,146 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80 3 2. The office of treasurer of state shall supply clerical 4 and secretarial support for the executive council. 5 Sec. 82. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER 6 OF STATE. There is appropriated from the road use tax fund 7 created in section 312.1 to the office of treasurer of state 8 for the fiscal year beginning July 1, 2012, and ending June 30, 9 2013, the following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For enterprise resource management costs related to the 12 distribution of road use tax funds: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,176 14 Sec. 83. IPERS —— GENERAL OFFICE. There is appropriated 15 from the Iowa public employees’ retirement system fund to the 16 Iowa public employees’ retirement system for the fiscal year 17 beginning July 1, 2012, and ending June 30, 2013, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, and other operational 21 purposes to pay the costs of the Iowa public employees’ 22 retirement system, and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,033,923 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13 26 DIVISION III 27 AGRICULTURE AND NATURAL RESOURCES 28 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 29 GENERAL APPROPRIATIONS FOR FY 2011-2012 30 Sec. 84. GENERAL FUND —— DEPARTMENT. 31 1. There is appropriated from the general fund of the state 32 to the department of agriculture and land stewardship for the 33 fiscal year beginning July 1, 2011, and ending June 30, 2012, 34 the following amount, or so much thereof as is necessary, to be 35 -49- LSB 2811HV (1) 84 tm/jp 49/ 518
H.F. 697 used for the purposes designated: 1 For purposes of supporting the department, including its 2 divisions, for administration, regulation, and programs; for 3 salaries, support, maintenance, and miscellaneous purposes; and 4 for not more than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,497,308 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 366.00 7 2. The department shall submit a report each quarter of the 8 fiscal year to the legislative services agency, the department 9 of management, the members of the joint appropriations 10 subcommittee on agriculture and natural resources, and the 11 chairpersons and ranking members of the senate and house 12 committees on appropriations. The report shall describe in 13 detail the expenditure of moneys appropriated in this section 14 to support the department’s administration, regulation, and 15 programs. 16 3. Of the amount appropriated in this section, $238,000 is 17 transferred to Iowa state university of science and technology, 18 to be used for the university’s midwest grape and wine industry 19 institute. 20 DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY 21 Sec. 85. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 22 HORSE AND DOG RACING. There is appropriated from the moneys 23 available under section 99D.13 to the department of agriculture 24 and land stewardship for the fiscal year beginning July 1, 25 2011, and ending June 30, 2012, the following amount, or so 26 much thereof as is necessary, to be used for the purposes 27 designated: 28 For purposes of supporting the department’s administration 29 and enforcement of horse and dog racing law pursuant to section 30 99D.22, including for salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305,516 33 DESIGNATED APPROPRIATIONS —— MOTOR FUEL 34 Sec. 86. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 35 -50- LSB 2811HV (1) 84 tm/jp 50/ 518
H.F. 697 FUEL INSPECTION. There is appropriated from the renewable 1 fuel infrastructure fund created in section 15G.205 to the 2 department of agriculture and land stewardship for the fiscal 3 year beginning July 1, 2011, and ending June 30, 2012, the 4 following amount, or so much thereof as is necessary, to be 5 used for the purposes designated: 6 For purposes of the inspection of motor fuel, including 7 salaries, support, maintenance, and miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 9 The department shall establish and administer programs 10 for the auditing of motor fuel including biofuel processing 11 and production plants, for screening and testing motor fuel, 12 including renewable fuel, and for the inspection of motor fuel 13 sold by dealers including retail dealers who sell and dispense 14 motor fuel from motor fuel pumps. 15 DIVISION IV 16 AGRICULTURE AND NATURAL RESOURCES 17 DEPARTMENT OF NATURAL RESOURCES 18 GENERAL APPROPRIATIONS FOR FY 2011-2012 19 Sec. 87. GENERAL FUND —— DEPARTMENT. 20 1. There is appropriated from the general fund of the state 21 to the department of natural resources for the fiscal year 22 beginning July 1, 2011, and ending June 30, 2012, the following 23 amount, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 For purposes of supporting the department, including its 26 divisions, for administration, regulation, and programs; for 27 salaries, support, maintenance, and miscellaneous purposes; and 28 for not more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,266,688 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 31 2. Of the number of full-time equivalent positions 32 authorized to the department pursuant to subsection 1, 50.00 33 full-time equivalent positions shall be allocated by the 34 department for seasonal employees for purposes of providing 35 -51- LSB 2811HV (1) 84 tm/jp 51/ 518
H.F. 697 maintenance, upkeep, and sanitary services at state parks. 1 3. The department shall submit a report each quarter of the 2 fiscal year to the legislative services agency, the department 3 of management, the members of the joint appropriations 4 subcommittee on agriculture and natural resources, and the 5 chairpersons and ranking members of the senate and house 6 committees on appropriations. The report shall describe in 7 detail the expenditure of moneys appropriated under this 8 section to support the department’s administration, regulation, 9 and programs. 10 Sec. 88. STATE FISH AND GAME PROTECTION FUND —— DIVISION OF 11 FISH AND WILDLIFE. 12 1. There is appropriated from the state fish and game 13 protection fund to the department of natural resources for the 14 fiscal year beginning July 1, 2011, and ending June 30, 2012, 15 the following amount, or so much thereof as is necessary, to be 16 used for the purposes designated: 17 For purposes of supporting the division of fish and 18 wildlife, including for administration, regulation, and 19 programs; and for salaries, support, maintenance, equipment, 20 and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,793,154 22 2. Notwithstanding section 455A.10, the department may use 23 the unappropriated balance remaining in the state fish and game 24 protection fund to provide for the funding of health and life 25 insurance premium payments from unused sick leave balances of 26 conservation peace officers employed in a protection occupation 27 who retire, pursuant to section 97B.49B. 28 3. Notwithstanding section 455A.10, the department of 29 natural resources may use the unappropriated balance remaining 30 in the state fish and game protection fund for the fiscal 31 year beginning July 1, 2011, and ending June 30, 2012, as is 32 necessary to fund salary adjustments for departmental employees 33 which the general assembly has made an operating budget 34 appropriation for in subsection 1. 35 -52- LSB 2811HV (1) 84 tm/jp 52/ 518
H.F. 697 Sec. 89. GROUNDWATER PROTECTION FUND —— WATER 1 QUALITY. There is appropriated from the groundwater protection 2 fund created in section 455E.11 to the department of natural 3 resources for the fiscal year beginning July 1, 2011, 4 and ending June 30, 2012, from those moneys which are not 5 allocated pursuant to that section, the following amount, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 For purposes of supporting the department’s protection 9 of the state’s groundwater, including for administration, 10 regulation, and programs, and for salaries, support, 11 maintenance, equipment, and miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,455,832 13 DESIGNATED APPROPRIATIONS —— MISCELLANEOUS 14 Sec. 90. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 15 PROGRAM. There is appropriated from the special snowmobile 16 fund created under section 321G.7 to the department of natural 17 resources for the fiscal year beginning July 1, 2011, and 18 ending June 30, 2012, the following amount, or so much thereof 19 as is necessary, to be used for the purpose designated: 20 For purposes of administering and enforcing the state 21 snowmobile programs: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 23 Sec. 91. SPECIAL SNOWMOBILE FUND. Notwithstanding section 24 321G.7, subsection 2, for the fiscal year beginning July 25 1, 2011, and ending June 30, 2012, at least seventy-five 26 percent of the moneys in the special snowmobile fund which are 27 appropriated to the department of natural resources as provided 28 in that subsection shall be made available for use by political 29 subdivisions or incorporated private organizations, or both, 30 for their use as provided in that subsection. 31 Sec. 92. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 32 TANK SECTION EXPENSES. There is appropriated from the 33 unassigned revenue fund administered by the Iowa comprehensive 34 underground storage tank fund board to the department of 35 -53- LSB 2811HV (1) 84 tm/jp 53/ 518
H.F. 697 natural resources for the fiscal year beginning July 1, 2011, 1 and ending June 30, 2012, the following amount, or so much 2 thereof as is necessary, to be used for the purpose designated: 3 For purposes of paying for administration expenses of the 4 department’s underground storage tank section: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 6 Sec. 93. STORM WATER DISCHARGE PERMIT FEES —— SUPPORT FOR 7 SPECIAL PURPOSES. Notwithstanding any contrary provision of 8 state law, for the fiscal year beginning July 1, 2011, and 9 ending June 30, 2012, the department of natural resources may 10 use additional moneys available to the department collected 11 from storm water discharge permit fees as provided in sections 12 455B.103A and 455B.197 for the staffing of the following 13 additional full-time equivalent positions for the purposes 14 designated: 15 1. For purposes of reducing the department’s floodplain 16 permit backlog: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 18 2. For purposes of implementing the federal total maximum 19 daily load program: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 21 DIVISION V 22 AGRICULTURE AND NATURAL RESOURCES 23 IOWA STATE UNIVERSITY 24 APPROPRIATION FOR FY 2011-2012 25 Sec. 94. GENERAL FUND —— VETERINARY DIAGNOSTIC LABORATORY. 26 1. There is appropriated from the general fund of the state 27 to Iowa state university of science and technology for the 28 fiscal year beginning July 1, 2011, and ending June 30, 2012, 29 the following amount, or so much thereof as is necessary, to be 30 used for the purposes designated: 31 For purposes of supporting the college of veterinary 32 medicine for the operation of the veterinary diagnostic 33 laboratory and for not more than the following full-time 34 equivalent positions: 35 -54- LSB 2811HV (1) 84 tm/jp 54/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,237,636 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 2 2. a. Iowa state university of science and technology 3 shall not reduce the amount that it allocates to support the 4 college of veterinary medicine from any other source due to the 5 appropriation made in this section. 6 b. Paragraph “a” does not apply to a reduction made to 7 support the college of veterinary medicine, if the same 8 percentage of reduction imposed on the college of veterinary 9 medicine is also imposed on all of Iowa state university’s 10 budget units. 11 3. If by June 30, 2012, Iowa state university of science and 12 technology fails to allocate the moneys appropriated in this 13 section to the college of veterinary medicine in accordance 14 with this section, the moneys appropriated in this section for 15 that fiscal year shall revert to the general fund of the state. 16 Sec. 95. VETERINARY DIAGNOSTIC LABORATORY —— FUTURE 17 YEAR. This section applies if appropriations made in this 18 Act and all other Acts enacted by the Eighty-fourth General 19 Assembly during the 2011 regular session and all extraordinary 20 sessions, for the fiscal year beginning July 1, 2011, and 21 ending June 30, 2012, for purposes of supporting the operation 22 of the veterinary diagnostic laboratory associated with the 23 college of veterinary medicine at Iowa state university, total 24 less than $4,000,000. It is the intent of the general assembly 25 that the amount of any deficit will be appropriated by the 26 general assembly during its 2012 regular session for purposes 27 of supporting the operation of the veterinary diagnostic 28 laboratory for the fiscal year beginning July 1, 2012, and 29 ending June 30, 2013. 30 DIVISION VI 31 AGRICULTURE AND NATURAL RESOURCES 32 ENVIRONMENT FIRST FUND 33 GENERAL APPROPRIATIONS FOR FY 2011-2012 34 Sec. 96. DEPARTMENT OF AGRICULTURE AND LAND 35 -55- LSB 2811HV (1) 84 tm/jp 55/ 518
H.F. 697 STEWARDSHIP. There is appropriated from the environment first 1 fund created in section 8.57A to the department of agriculture 2 and land stewardship for the fiscal year beginning July 1, 3 2011, and ending June 30, 2012, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 7 a. For the conservation reserve enhancement program to 8 restore and construct wetlands for the purposes of intercepting 9 tile line runoff, reducing nutrient loss, improving water 10 quality, and enhancing agricultural production practices: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 12 b. Not more than 10 percent of the moneys appropriated 13 in paragraph “a” may be used for costs of administration and 14 implementation of soil and water conservation practices. 15 c. Notwithstanding any other provision in law, the 16 department may provide state resources from this appropriation, 17 in combination with other appropriate environment first 18 fund appropriations, for cost sharing to match United States 19 department of agriculture, natural resources conservation 20 service, wetlands reserve enhancement program (WREP) funding 21 available to Iowa. 22 2. WATERSHED PROTECTION 23 a. For continuation of a program that provides 24 multiobjective resource protections for flood control, water 25 quality, erosion control, and natural resource conservation: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 900,000 27 b. Not more than 10 percent of the moneys appropriated 28 in paragraph “a” may be used for costs of administration and 29 implementation of soil and water conservation practices. 30 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 31 a. For continuation of a statewide voluntary farm 32 management demonstration program to demonstrate the 33 effectiveness and adaptability of emerging practices in 34 agronomy that protect water resources and provide other 35 -56- LSB 2811HV (1) 84 tm/jp 56/ 518
H.F. 697 environmental benefits: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 725,000 2 b. Not more than 10 percent of the moneys appropriated 3 in paragraph “a” may be used for costs of administration and 4 implementation of soil and water conservation practices. 5 c. Of the amount appropriated in paragraph “a”, $400,000 6 shall be allocated to an organization representing soybean 7 growers to provide for an agriculture and environment 8 performance program in order to carry out the purposes of this 9 subsection as specified in paragraph “a”. 10 4. AGRICULTURAL EDUCATION 11 For purposes of allocating moneys to an Iowa association 12 affiliated with a national organization which promotes 13 agricultural education providing for future farmers: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 15 5. SOIL AND WATER CONSERVATION —— ADMINISTRATION 16 For use by the department for costs of administration and 17 implementation of soil and water conservation practices: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,375,000 19 6. CONSERVATION RESERVE PROGRAM (CRP) 20 a. To encourage and assist farmers in enrolling in and the 21 implementation of the federal conservation reserve program and 22 to work with them to enhance their revegetation efforts to 23 improve water quality and habitat: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 b. Not more than 10 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 29 a. For deposit in the loess hills development and 30 conservation fund created in section 161D.2: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 575,000 32 b. (1) Of the amount appropriated in paragraph “a”, 33 $460,000 shall be allocated to the fund’s hungry canyons 34 account. 35 -57- LSB 2811HV (1) 84 tm/jp 57/ 518
H.F. 697 (2) Not more than 10 percent of the moneys allocated to the 1 hungry canyons account as provided in subparagraph (1) may be 2 used for administrative costs. 3 c. (1) Of the amount appropriated in paragraph “a”, 4 $115,000 shall be allocated to the fund’s loess hills alliance 5 account. 6 (2) Not more than 10 percent of the moneys allocated to the 7 loess hills alliance account as provided in subparagraph (1) 8 may be used for administrative costs. 9 8. SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND 10 a. For deposit in the southern Iowa development and 11 conservation fund created in section 161D.12: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225,000 13 b. Not more than 10 percent of the moneys appropriated in 14 paragraph “a” may be used for administrative costs. 15 9. SOIL AND WATER CONSERVATION 16 a. For use by the department in providing for soil and 17 water conservation administration, the conservation of soil and 18 water resources, or the support of soil and water conservation 19 district commissioners: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,300,000 21 b. The department may deposit any amount of the moneys into 22 the Mississippi river basin healthy watersheds initiative fund 23 created in section 161G.2. 24 c. Not more than 5 percent of the moneys appropriated in 25 paragraph “a” may be allocated for cost sharing to address 26 complaints filed under section 161A.47. 27 d. Of the moneys appropriated in paragraph “a”, 5 percent 28 shall be allocated for financial incentives to establish 29 practices to protect watersheds above publicly owned lakes of 30 the state from soil erosion and sediment as provided in section 31 161A.73. 32 e. Not more than 30 percent of a soil and water conservation 33 district’s allocation of moneys as financial incentives may be 34 provided for the purpose of establishing management practices 35 -58- LSB 2811HV (1) 84 tm/jp 58/ 518
H.F. 697 to control soil erosion on land that is row cropped, including 1 but not limited to no-till planting, ridge-till planting, 2 contouring, and contour strip-cropping as provided in section 3 161A.73. 4 f. The state soil conservation committee established by 5 section 161A.4 may allocate moneys appropriated in paragraph 6 “a” to conduct research and demonstration projects to promote 7 conservation tillage and nonpoint source pollution control 8 practices. 9 g. The allocation of moneys as financial incentives as 10 provided in section 161A.73 may be used in combination with 11 moneys allocated by the department of natural resources. 12 h. Not more than 15 percent of the moneys appropriated 13 in paragraph “a” may be used for costs of administration and 14 implementation of soil and water conservation practices. 15 10. LOCAL FOOD AND FARM PROGRAM COORDINATOR 16 a. For purposes of supporting a local food and farm program 17 coordinator as established pursuant to new Code chapter 267A as 18 enacted in this Act, for salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 21 b. The department shall enter into a cost-sharing agreement 22 with Iowa state university to support the local food and farm 23 program coordinator position as part of the university’s 24 cooperative extension service in agriculture and home economics 25 pursuant to new Code chapter 267A as enacted in this Act. 26 Sec. 97. DEPARTMENT OF NATURAL RESOURCES. There is 27 appropriated from the environment first fund created in section 28 8.57A to the department of natural resources for the fiscal 29 year beginning July 1, 2011, and ending June 30, 2012, the 30 following amounts, or so much thereof as is necessary, to be 31 used for the purposes designated: 32 1. KEEPERS OF THE LAND 33 For statewide coordination of volunteer efforts under the 34 water quality and keepers of the land programs: 35 -59- LSB 2811HV (1) 84 tm/jp 59/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 1 2. STATE PARKS MAINTENANCE AND OPERATIONS 2 For regular maintenance of state parks and staff time 3 associated with these activities: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,110,000 5 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 6 To provide local watershed managers with geographic 7 information system data for their use in developing, 8 monitoring, and displaying results of their watershed work: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,000 10 4. WATER QUALITY MONITORING 11 For continuing the establishment and operation of water 12 quality monitoring stations: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,955,000 14 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 15 For deposit in the public water supply system account of the 16 water quality protection fund created in section 455B.183A: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 18 6. REGULATION OF ANIMAL FEEDING OPERATIONS 19 For the regulation of animal feeding operations, including 20 as provided for in chapters 459 through 459B: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 420,000 22 7. AMBIENT AIR QUALITY 23 For the abatement, control, and prevention of ambient 24 air pollution in this state, including measures as necessary 25 to assure attainment and maintenance of ambient air quality 26 standards from particulate matter: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 28 8. WATER QUANTITY REGULATION 29 For regulating water quantity from surface and subsurface 30 sources by providing for the allocation and use of water 31 resources, the protection and management of water resources, 32 and the preclusion of conflicts among users of water resources, 33 including as provided in chapter 455B, division III, part 4: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 35 -60- LSB 2811HV (1) 84 tm/jp 60/ 518
H.F. 697 9. FORESTRY MANAGEMENT 1 To provide for forestry health management programs: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 3 Sec. 98. REVERSION. Notwithstanding section 8.33, 4 moneys appropriated for the fiscal year beginning July 1, 5 2011, in this division of this Act that remain unencumbered 6 or unobligated at the close of the fiscal year shall not 7 revert but shall remain available to be used for the purposes 8 designated until the close of the fiscal year beginning July 1, 9 2012, or until the project for which the appropriation was made 10 is completed, whichever is earlier. 11 DIVISION VII 12 AGRICULTURE AND NATURAL RESOURCES 13 ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE 14 RESOURCES ENHANCEMENT AND PROTECTION 15 (REAP) FUND FOR FY 2011-2012 16 GENERAL APPROPRIATIONS 17 Sec. 99. ENVIRONMENT FIRST FUND. Notwithstanding the 18 amount of the standing appropriation from the general fund of 19 the state to the Iowa resources enhancement and protection 20 fund as provided in section 455A.18, there is appropriated 21 from the environment first fund created in section 8.57A to 22 the Iowa resources enhancement and protection fund, in lieu of 23 the appropriation made in section 455A.18, for the fiscal year 24 beginning July 1, 2011, and ending June 30, 2012, the following 25 amount, to be allocated as provided in section 455A.19: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,500,000 27 DIVISION VIII 28 AGRICULTURE AND NATURAL RESOURCES 29 RELATED MISCELLANEOUS PROVISIONS FOR FY 2011-2012 30 Sec. 100. AGRICULTURAL DRAINAGE WELL CLOSURE —— REPORT. The 31 department of agriculture and land stewardship shall prepare 32 a report regarding agricultural drainage wells that have not 33 been closed as provided in chapter 460. The report shall 34 include an inventory of agricultural drainage wells that remain 35 -61- LSB 2811HV (1) 84 tm/jp 61/ 518
H.F. 697 unclosed, a projected timeline for closing the agricultural 1 drainage wells, and an estimate of the costs for closing each 2 agricultural drainage well. The department shall submit the 3 report to the governor and fiscal services division of the 4 legislative services agency not later than January 1, 2012. 5 DIVISION IX 6 AGRICULTURE AND NATURAL RESOURCES 7 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— SPECIAL 8 FUNDS 9 GROUNDWATER PROTECTION FUND 10 Sec. 101. Section 455E.11, subsection 2, paragraph a, 11 subparagraph (1), subparagraph division (a), subparagraph 12 subdivision (ii), subparagraph part (B), Code 2011, is amended 13 to read as follows: 14 (B) Expend not more than fifty percent of the moneys 15 for a community partnership program designed to support 16 community beautification projects including the deconstruction, 17 renovation, or removal of derelict buildings. Eligible 18 communities are limited to cities of five thousand or fewer in 19 population. Eligible costs shall include but are not limited 20 to asbestos abatement and removal, the recovery and processing 21 of recyclable or reusable material from derelict buildings, and 22 reimbursement for purchased recycled content materials used 23 in the renovation of buildings. Special consideration may be 24 given to communities that hire the unemployed to deconstruct 25 structures, clean up the properties, and, if there is no 26 immediate buyer for the properties, turn the properties into 27 green spaces. Any business entity or individual engaged in the 28 removal or abatement of asbestos must have obtained a valid 29 license or permit as required in chapter 88B . 30 Sec. 102. Section 455E.11, subsection 2, paragraph a, 31 subparagraph (1), Code 2011, is amended by adding the following 32 new subparagraph division: 33 NEW SUBPARAGRAPH DIVISION . (0e) Not more than four 34 hundred thousand dollars to the department for purposes of 35 -62- LSB 2811HV (1) 84 tm/jp 62/ 518
H.F. 697 providing funding assistance to eligible communities to address 1 abandoned buildings by promoting waste abatement, diversion, 2 selective dismantlement of building components, and recycling. 3 Eligible communities include a city with a population of five 4 thousand or fewer. Eligible costs for program assistance 5 include but are not limited to asbestos and other hazardous 6 material abatement and removal, the recovery processing 7 of recyclable or reusable material through the selective 8 dismantlement of abandoned buildings, and reimbursement for 9 purchased recycled content materials used in the renovation of 10 buildings. For projects that support community beautification, 11 the department may elect to administer funding to eligible 12 communities in collaboration with the organization awarded the 13 beautification grant in accordance with subparagraph division 14 (a), subparagraph subdivision (i). 15 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND 16 Sec. 103. Section 455G.3, subsections 6 and 7, Code 2011, 17 are amended to read as follows: 18 6. a. For the fiscal year beginning July 1, 2010, and each 19 fiscal year thereafter, there is appropriated from the Iowa 20 comprehensive petroleum underground storage tank fund to the 21 department of natural resources two hundred thousand dollars 22 for purposes of technical review support to be conducted by 23 nongovernmental entities for leaking underground storage tank 24 assessments. 25 b. Notwithstanding section 8.33, moneys appropriated in this 26 subsection that remain unencumbered or unobligated at the close 27 of the fiscal year shall not revert but shall remain available 28 for expenditure for the purposes designated until the close of 29 the succeeding fiscal year. 30 7. a. For the fiscal year beginning July 1, 2010, there is 31 appropriated from the Iowa comprehensive petroleum underground 32 storage tank fund to the department of natural resources one 33 hundred thousand dollars for purposes of database modifications 34 necessary to accept batched external data regarding underground 35 -63- LSB 2811HV (1) 84 tm/jp 63/ 518
H.F. 697 storage tank inspections conducted by nongovernmental entities. 1 b. Notwithstanding section 8.33, moneys appropriated in this 2 subsection that remain unencumbered or unobligated at the close 3 of the fiscal year shall not revert but shall remain available 4 for expenditure for the purposes designated until the close of 5 the succeeding fiscal year. 6 Sec. 104. Section 455G.3, subsection 8, Code 2011, is 7 amended by adding the following new unnumbered paragraph: 8 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 9 moneys appropriated in this subsection that remain unencumbered 10 or unobligated at the close of the fiscal year shall not revert 11 but shall remain available for expenditure for the purposes 12 designated until the close of the succeeding fiscal year. 13 Sec. 105. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION X 17 AGRICULTURE AND NATURAL RESOURCES 18 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— LOCAL 19 FOOD AND FARM INITIATIVE 20 Sec. 106. NEW SECTION . 267A.1 Purpose and goals. 21 1. The purpose of this chapter is to empower farmers 22 and food entrepreneurs to provide for strong local food 23 economies that promote self-sufficiency and job growth in the 24 agricultural sector and allied sectors of the economy. 25 2. The goals of this chapter are to accomplish all of the 26 following: 27 a. Promote the expansion of the production of local foods, 28 including all of the following: 29 (1) The production of Iowa-grown food, including but not 30 limited to livestock, eggs, milk, fruit, vegetables, grains, 31 herbs, honey, and nuts. 32 (2) The processing of Iowa-grown agricultural products 33 into food products, including canning, freezing, dehydrating, 34 bottling, or otherwise packaging and preserving such products. 35 -64- LSB 2811HV (1) 84 tm/jp 64/ 518
H.F. 697 (3) The distribution and marketing of fresh and processed 1 Iowa-grown agricultural food products to markets in this state 2 and neighboring states. 3 b. Increase consumer and institutional spending on 4 Iowa-produced and marketed foods. 5 c. Increase the profitability of farmers and businesses 6 engaged in enterprises related to producing, processing, 7 distributing, and marketing local food. 8 d. Increase the number of jobs in this state’s farm and 9 business economies associated with producing, processing, 10 distributing, and marketing local food. 11 Sec. 107. NEW SECTION . 267A.2 Definitions. 12 As used in this section, unless the context otherwise 13 requires: 14 1. “Coordinator” means the local food and farm program 15 coordinator created in section 267A.4. 16 2. “Council” means the local food and farm program council 17 established in section 267A.3. 18 3. “Department” means the department of agriculture and land 19 stewardship. 20 4. “Fund” means the local food and farm program fund created 21 in section 267A.5. 22 5. “State agency” means the same as defined in section 23 8A.101. 24 Sec. 108. NEW SECTION . 267A.3 Local food and farm program 25 council. 26 1. A local food and farm program council is established to 27 advise the local food and farm program coordinator carrying out 28 the purpose and goals of this chapter as provided in section 29 267A.1. 30 2. The council shall be composed of members appointed as 31 follows: 32 a. Voting members appointed at the discretion of and by the 33 following organizations to represent the private sector: 34 (1) One person by the Iowa farm bureau federation who is 35 -65- LSB 2811HV (1) 84 tm/jp 65/ 518
H.F. 697 engaged in local food production. 1 (2) One person by the practical farmers of Iowa who is 2 involved in local food production. 3 (3) One person by the Iowa farmers union who is involved in 4 local food production. 5 (4) One person by the Iowa food policy council. 6 (5) One person by the Iowa grocery industry association who 7 is involved in local food marketing. 8 (6) One person by the Iowa meat processors association. 9 (7) One person by the Iowa fruit and vegetable growers 10 association. 11 (8) One person by the Iowa farmers market association. 12 (9) One person by the Iowa bankers association. 13 b. Voting members appointed by the governor to represent the 14 private sector which include all of the following: 15 (1) One person actively engaged in the distribution of local 16 food to processors, wholesalers, or retailers. 17 (2) Two persons from two regional food systems working 18 groups. 19 c. Nonvoting, ex officio members appointed by the titular 20 heads of state agencies to represent their respective state 21 agencies or institutions as follows: 22 (1) The department of agriculture and land stewardship. 23 (2) The department of economic development. 24 (3) The department of administrative services. 25 (4) The department of human services. The appointed person 26 shall have a special knowledge of refugee services. 27 (5) The department of inspections and appeals. 28 (6) The department of education. 29 (7) The department of public health. 30 (8) The department of workforce development. 31 (9) The department of cultural affairs. 32 (10) The Leopold center for sustainable agriculture. 33 (11) Iowa state university extension service. 34 (12) Iowa state university of science and technology. 35 -66- LSB 2811HV (1) 84 tm/jp 66/ 518
H.F. 697 (13) The university of Iowa. 1 (14) The university of northern Iowa. 2 3. A nonvoting, ex officio member shall attend a council 3 meeting as necessary to provide comment or advice to the 4 council. Nothing in this section requires a nonvoting, ex 5 officio member to attend a council meeting if the member’s 6 comments or advice is not needed. 7 4. A member appointed under this section to serve on 8 the council shall serve at the pleasure of the appointing 9 organization, official, state agency, or institution. 10 5. The council shall be part of the department. The 11 department shall perform administrative functions necessary for 12 the operation of the council. 13 6. The council shall elect a chairperson from among its 14 voting members each year on a rotating basis as provided by 15 the council. The council shall meet on a regular basis and at 16 the call of the chairperson or upon the written request to the 17 chairperson of a majority of the voting members. 18 7. The members of the council shall not receive compensation 19 for their services including as provided in section 7E.6. 20 However, the voting members may be reimbursed for their actual 21 and necessary expenses incurred in the performance of their 22 duties as members of the council if allowed by the council. 23 8. A majority of the voting members constitutes a quorum 24 and the affirmative vote of a majority of the members present 25 is necessary for any substantive action to be taken by the 26 council. The majority shall not include any member who has 27 a conflict of interest and a statement by a member that the 28 member has a conflict of interest is conclusive for this 29 purpose. A vacancy in the membership does not impair the 30 duties of the council. 31 Sec. 109. NEW SECTION . 267A.4 Local food and farm program 32 coordinator. 33 The position of local food and farm program coordinator 34 is created within the department. The coordinator shall be 35 -67- LSB 2811HV (1) 84 tm/jp 67/ 518
H.F. 697 the primary state official charged with carrying out the 1 purpose and goals of this chapter. The coordinator shall be 2 stationed by the department at Iowa state university as part 3 of the cooperative extension service in agriculture and home 4 economics. 5 Sec. 110. NEW SECTION . 267A.5 Local food and farm program 6 fund. 7 A local food and farm program fund is created in the state 8 treasury under the control of the department. The fund is 9 separate from the general fund of the state. The fund is 10 composed of moneys appropriated by the general assembly and 11 moneys available to and obtained or accepted by the local food 12 and farm program from the United States government or private 13 sources for placement in the fund. Moneys in the fund shall 14 be used to carry out the purpose and goals of this chapter 15 as provided in section 267A.1, including but not limited to 16 administering the local food and farm program as provided in 17 section 267A.6. The fund shall be managed by the local food 18 and farm program coordinator under the supervision of the local 19 food and farm program council. 20 Sec. 111. NEW SECTION . 267A.6 Local food and farm program. 21 1. The local food and farm program coordinator, with advice 22 from the local food and farm program council, shall develop and 23 administer a local food and farm program necessary to carry out 24 the purpose and goals of this chapter. 25 2. The purpose of the program is to do any of the following: 26 a. Improve communication and cooperation between and among 27 farmers, food entrepreneurs, and consumers. 28 b. Improve coordination between and among government 29 agencies, public universities and community colleges, 30 organizations, and private-sector firms working on local food 31 and farm-related issues. 32 c. Assist in educational needs assessment and curriculum 33 development and delivery regarding local food and farm-related 34 services. 35 -68- LSB 2811HV (1) 84 tm/jp 68/ 518
H.F. 697 Sec. 112. NEW SECTION . 267A.7 Local food and farm program 1 report. 2 1. The local food and farm program coordinator shall prepare 3 an annual report dated June 30, which shall evaluate the 4 state’s progress in accomplishing the purpose and goals of this 5 chapter. 6 2. The report shall include a summary of all the following: 7 a. Benchmarks and goals of the program. 8 b. Actions taken by the local food and farm program council. 9 c. Activities and accomplishments of the local food and farm 10 program coordinator. 11 d. Recommendations for proposed legislation to be considered 12 by the general assembly and the governor. 13 e. The amount and source of moneys appropriated or credited 14 to, or deposited into the local food and farm program fund, and 15 the amount and purposes of expenditures from the fund. 16 3. The annual report shall be delivered to the governor and 17 general assembly not later than October 1. 18 Sec. 113. CONSIDERATION OF IOWA LOCAL FOOD AND FARM 19 PLAN. In developing the local food and farm program as 20 provided in this division of this Act, the local food and 21 farm program coordinator shall consider the implementation 22 of feasible recommendations contained in the Iowa local farm 23 and food plan published by the Leopold center for sustainable 24 agriculture in January 2011. The coordinator shall provide 25 the plan to the division of libraries and information services 26 of the department of education for publication as provided in 27 section 256.53. 28 DIVISION XI 29 AGRICULTURE AND NATURAL RESOURCES 30 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 31 GENERAL APPROPRIATIONS FOR FY 2012-2013 32 Sec. 114. GENERAL FUND —— DEPARTMENT. 33 1. There is appropriated from the general fund of the state 34 to the department of agriculture and land stewardship for the 35 -69- LSB 2811HV (1) 84 tm/jp 69/ 518
H.F. 697 fiscal year beginning July 1, 2012, and ending June 30, 2013, 1 the following amount, or so much thereof as is necessary, to be 2 used for the purposes designated: 3 For purposes of supporting the department, including its 4 divisions, for administration, regulation, and programs; for 5 salaries, support, maintenance, and miscellaneous purposes; and 6 for not more than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,183,529 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 368.00 9 2. The department shall submit a report each quarter of the 10 fiscal year to the legislative services agency, the department 11 of management, the members of the joint appropriations 12 subcommittee on agriculture and natural resources, and the 13 chairpersons and ranking members of the senate and house 14 committees on appropriations. The report shall describe in 15 detail the expenditure of moneys appropriated in this section 16 to support the department’s administration, regulation, and 17 programs. 18 3. Of the amount appropriated in this section, $202,300 is 19 transferred to Iowa state university of science and technology, 20 to be used for the university’s midwest grape and wine industry 21 institute. 22 DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY 23 Sec. 115. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 24 HORSE AND DOG RACING. There is appropriated from the moneys 25 available under section 99D.13 to the department of agriculture 26 and land stewardship for the fiscal year beginning July 1, 27 2012, and ending June 30, 2013, the following amount, or so 28 much thereof as is necessary, to be used for the purposes 29 designated: 30 For purposes of supporting the department’s administration 31 and enforcement of horse and dog racing law pursuant to section 32 99D.22, including for salaries, support, maintenance, and 33 miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 259,689 35 -70- LSB 2811HV (1) 84 tm/jp 70/ 518
H.F. 697 DESIGNATED APPROPRIATIONS —— MOTOR FUEL 1 Sec. 116. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 2 FUEL INSPECTION. There is appropriated from the renewable 3 fuel infrastructure fund created in section 15G.205 to the 4 department of agriculture and land stewardship for the fiscal 5 year beginning July 1, 2012, and ending June 30, 2013, the 6 following amount, or so much thereof as is necessary, to be 7 used for the purposes designated: 8 For purposes of the inspection of motor fuel, including 9 salaries, support, maintenance, and miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 11 The department shall establish and administer programs 12 for the auditing of motor fuel including biofuel processing 13 and production plants, for screening and testing motor fuel, 14 including renewable fuel, and for the inspection of motor fuel 15 sold by dealers including retail dealers who sell and dispense 16 motor fuel from motor fuel pumps. 17 DIVISION XII 18 AGRICULTURE AND NATURAL RESOURCES 19 DEPARTMENT OF NATURAL RESOURCES 20 GENERAL APPROPRIATIONS FOR FY 2012-2013 21 Sec. 117. GENERAL FUND —— DEPARTMENT. 22 1. There is appropriated from the general fund of the state 23 to the department of natural resources for the fiscal year 24 beginning July 1, 2012, and ending June 30, 2013, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For purposes of supporting the department, including its 28 divisions, for administration, regulation, and programs; for 29 salaries, support, maintenance, and miscellaneous purposes; and 30 for not more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,426,685 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 33 2. Of the number of full-time equivalent positions 34 authorized to the department pursuant to subsection 1, 50.00 35 -71- LSB 2811HV (1) 84 tm/jp 71/ 518
H.F. 697 full-time equivalent positions shall be allocated by the 1 department for seasonal employees for purposes of providing 2 maintenance, upkeep, and sanitary services at state parks. 3 3. The department shall submit a report each quarter of the 4 fiscal year to the legislative services agency, the department 5 of management, the members of the joint appropriations 6 subcommittee on agriculture and natural resources, and the 7 chairpersons and ranking members of the senate and house 8 committees on appropriations. The report shall describe in 9 detail the expenditure of moneys appropriated under this 10 section to support the department’s administration, regulation, 11 and programs. 12 Sec. 118. STATE FISH AND GAME PROTECTION FUND —— DIVISION OF 13 FISH AND WILDLIFE. 14 1. There is appropriated from the state fish and game 15 protection fund to the department of natural resources for the 16 fiscal year beginning July 1, 2012, and ending June 30, 2013, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For purposes of supporting the division of fish and 20 wildlife, including for administration, regulation, and 21 programs; and for salaries, support, maintenance, equipment, 22 and miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,974,181 24 2. Notwithstanding section 455A.10, the department may use 25 the unappropriated balance remaining in the state fish and game 26 protection fund to provide for the funding of health and life 27 insurance premium payments from unused sick leave balances of 28 conservation peace officers employed in a protection occupation 29 who retire, pursuant to section 97B.49B. 30 Sec. 119. GROUNDWATER PROTECTION FUND —— WATER 31 QUALITY. There is appropriated from the groundwater protection 32 fund created in section 455E.11 to the department of natural 33 resources for the fiscal year beginning July 1, 2012, 34 and ending June 30, 2013, from those moneys which are not 35 -72- LSB 2811HV (1) 84 tm/jp 72/ 518
H.F. 697 allocated pursuant to that section, the following amount, or 1 so much thereof as is necessary, to be used for the purposes 2 designated: 3 For purposes of supporting the department’s protection 4 of the state’s groundwater, including for administration, 5 regulation, and programs, and for salaries, support, 6 maintenance, equipment, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,937,457 8 DESIGNATED APPROPRIATIONS —— MISCELLANEOUS 9 Sec. 120. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 10 PROGRAM. There is appropriated from the special snowmobile 11 fund created under section 321G.7 to the department of natural 12 resources for the fiscal year beginning July 1, 2012, and 13 ending June 30, 2013, the following amount, or so much thereof 14 as is necessary, to be used for the purpose designated: 15 For purposes of administering and enforcing the state 16 snowmobile programs: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 18 Sec. 121. SPECIAL SNOWMOBILE FUND. Notwithstanding 19 section 321G.7, subsection 2, for the fiscal year beginning 20 July 1, 2012, and ending June 30, 2013, at least seventy-five 21 percent of the moneys in the special snowmobile fund which are 22 appropriated to the department of natural resources as provided 23 in that subsection shall be made available for use by political 24 subdivisions or incorporated private organizations, or both, 25 for their use as provided in that subsection. 26 Sec. 122. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 27 TANK SECTION EXPENSES. There is appropriated from the 28 unassigned revenue fund administered by the Iowa comprehensive 29 underground storage tank fund board to the department of 30 natural resources for the fiscal year beginning July 1, 2012, 31 and ending June 30, 2013, the following amount, or so much 32 thereof as is necessary, to be used for the purpose designated: 33 For purposes of paying for administration expenses of the 34 department’s underground storage tank section: 35 -73- LSB 2811HV (1) 84 tm/jp 73/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 170,000 1 Sec. 123. STORM WATER DISCHARGE PERMIT FEES —— SUPPORT FOR 2 SPECIAL PURPOSES. Notwithstanding any contrary provision of 3 state law, for the fiscal year beginning July 1, 2012, and 4 ending June 30, 2013, the department of natural resources may 5 use additional moneys available to the department collected 6 from storm water discharge permit fees as provided in sections 7 455B.103A and 455B.197 for the staffing of the following 8 additional full-time equivalent positions for the purposes 9 designated: 10 1. For purposes of reducing the department’s floodplain 11 permit backlog: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 13 2. For purposes of implementing the federal total maximum 14 daily load program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 16 DIVISION XIII 17 AGRICULTURE AND NATURAL RESOURCES 18 STATE UNIVERSITIES 19 APPROPRIATIONS FOR FY 2012-2013 20 Sec. 124. GENERAL FUND —— IOWA STATE UNIVERSITY —— 21 VETERINARY DIAGNOSTIC LABORATORY. 22 1. There is appropriated from the general fund of the state 23 to Iowa state university of science and technology for the 24 fiscal year beginning July 1, 2012, and ending June 30, 2013, 25 the following amount, or so much thereof as is necessary, to be 26 used for the purposes designated: 27 For purposes of supporting the college of veterinary 28 medicine for the operation of the veterinary diagnostic 29 laboratory and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,751,991 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 33 2. a. Iowa state university of science and technology 34 shall not reduce the amount that it allocates to support the 35 -74- LSB 2811HV (1) 84 tm/jp 74/ 518
H.F. 697 college of veterinary medicine from any other source due to the 1 appropriation made in this section. 2 b. Paragraph “a” does not apply to a reduction made to 3 support the college of veterinary medicine, if the same 4 percentage of reduction imposed on the college of veterinary 5 medicine is also imposed on all of Iowa state university’s 6 budget units. 7 3. If by June 30, 2013, Iowa state university of science and 8 technology fails to allocate the moneys appropriated in this 9 section to the college of veterinary medicine in accordance 10 with this section, the moneys appropriated in this section for 11 that fiscal year shall revert to the general fund of the state. 12 Sec. 125. VETERINARY DIAGNOSTIC LABORATORY —— FUTURE 13 YEAR. This section applies if appropriations made in this 14 Act and all other Acts enacted by the Eighty-fourth General 15 Assembly during the 2012 regular session and all extraordinary 16 sessions, for the fiscal year beginning July 1, 2012, and 17 ending June 30, 2013, for purposes of supporting the operation 18 of the veterinary diagnostic laboratory associated with the 19 college of veterinary medicine at Iowa state university, total 20 less than $4,000,000. It is the intent of the general assembly 21 that the amount of any deficit will be appropriated by the 22 general assembly during its 2013 regular session for purposes 23 of supporting the operation of the veterinary diagnostic 24 laboratory for the fiscal year beginning July 1, 2013, and 25 ending June 30, 2014. 26 DIVISION XIV 27 AGRICULTURE AND NATURAL RESOURCES 28 ENVIRONMENT FIRST FUND APPROPRIATION FOR FY 2012-2013 29 GENERAL APPROPRIATIONS 30 Sec. 126. DEPARTMENT OF AGRICULTURE AND LAND 31 STEWARDSHIP. There is appropriated from the environment first 32 fund created in section 8.57A to the department of agriculture 33 and land stewardship for the fiscal year beginning July 1, 34 2012, and ending June 30, 2013, the following amounts, or so 35 -75- LSB 2811HV (1) 84 tm/jp 75/ 518
H.F. 697 much thereof as is necessary, to be used for the purposes 1 designated: 2 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 3 a. For the conservation reserve enhancement program to 4 restore and construct wetlands for the purposes of intercepting 5 tile line runoff, reducing nutrient loss, improving water 6 quality, and enhancing agricultural production practices: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000 8 b. Not more than 10 percent of the moneys appropriated 9 in paragraph “a” may be used for costs of administration and 10 implementation of soil and water conservation practices. 11 c. Notwithstanding any other provision in law, the 12 department may provide state resources from this appropriation, 13 in combination with other appropriate environment first 14 fund appropriations, for cost sharing to match United States 15 department of agriculture, natural resources conservation 16 service, wetlands reserve enhancement program (WREP) funding 17 available to Iowa. 18 2. WATERSHED PROTECTION 19 a. For continuation of a program that provides 20 multiobjective resource protections for flood control, water 21 quality, erosion control, and natural resource conservation: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 765,000 23 b. Not more than 10 percent of the moneys appropriated 24 in paragraph “a” may be used for costs of administration and 25 implementation of soil and water conservation practices. 26 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 27 a. For continuation of a statewide voluntary farm 28 management demonstration program to demonstrate the 29 effectiveness and adaptability of emerging practices in 30 agronomy that protect water resources and provide other 31 environmental benefits: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 616,250 33 b. Not more than 10 percent of the moneys appropriated 34 in paragraph “a” may be used for costs of administration and 35 -76- LSB 2811HV (1) 84 tm/jp 76/ 518
H.F. 697 implementation of soil and water conservation practices. 1 c. Of the amount appropriated in paragraph “a”, $400,000 2 shall be allocated to an organization representing soybean 3 growers to provide for an agriculture and environment 4 performance program in order to carry out the purposes of this 5 subsection as specified in paragraph “a”. 6 4. AGRICULTURAL EDUCATION 7 For purposes of allocating moneys to an Iowa association 8 affiliated with a national organization which promotes 9 agricultural education providing for future farmers: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,250 11 5. SOIL AND WATER CONSERVATION —— ADMINISTRATION 12 For use by the department for costs of administration and 13 implementation of soil and water conservation practices: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,018,750 15 6. CONSERVATION RESERVE PROGRAM (CRP) 16 a. To encourage and assist farmers in enrolling in and the 17 implementation of the federal conservation reserve program and 18 to work with them to enhance their revegetation efforts to 19 improve water quality and habitat: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000 21 b. Not more than 10 percent of the moneys appropriated 22 in paragraph “a” may be used for costs of administration and 23 implementation of soil and water conservation practices. 24 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 25 a. For deposit in the loess hills development and 26 conservation fund created in section 161D.2: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 488,750 28 b. (1) Of the amount appropriated in paragraph “a”, 29 $391,000 shall be allocated to the fund’s hungry canyons 30 account. 31 (2) Not more than 10 percent of the moneys allocated to the 32 hungry canyons account as provided in subparagraph (1) may be 33 used for administrative costs. 34 c. (1) Of the amount appropriated in paragraph “a”, $97,750 35 -77- LSB 2811HV (1) 84 tm/jp 77/ 518
H.F. 697 shall be allocated to the fund’s loess hills alliance account. 1 (2) Not more than 10 percent of the moneys allocated to the 2 loess hills alliance account as provided in subparagraph (1) 3 may be used for administrative costs. 4 8. SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND 5 a. For deposit in the southern Iowa development and 6 conservation fund created in section 161D.12: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 191,250 8 b. Not more than 10 percent of the moneys appropriated in 9 paragraph “a” may be used for administrative costs. 10 9. SOIL AND WATER CONSERVATION 11 a. For use by the department in providing for soil and 12 water conservation administration, the conservation of soil and 13 water resources, or the support of soil and water conservation 14 district commissioners: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,355,000 16 b. The department may deposit any amount of the moneys into 17 the Mississippi river basin healthy watersheds initiative fund 18 created in section 161G.2. 19 c. Not more than 5 percent of the moneys appropriated in 20 paragraph “a” may be allocated for cost sharing to address 21 complaints filed under section 161A.47. 22 d. Of the moneys appropriated in paragraph “a”, 5 percent 23 shall be allocated for financial incentives to establish 24 practices to protect watersheds above publicly owned lakes of 25 the state from soil erosion and sediment as provided in section 26 161A.73. 27 e. Not more than 30 percent of a soil and water conservation 28 district’s allocation of moneys as financial incentives may be 29 provided for the purpose of establishing management practices 30 to control soil erosion on land that is row cropped, including 31 but not limited to no-till planting, ridge-till planting, 32 contouring, and contour strip-cropping as provided in section 33 161A.73. 34 f. The state soil conservation committee established by 35 -78- LSB 2811HV (1) 84 tm/jp 78/ 518
H.F. 697 section 161A.4 may allocate moneys appropriated in paragraph 1 “a” to conduct research and demonstration projects to promote 2 conservation tillage and nonpoint source pollution control 3 practices. 4 g. The allocation of moneys as financial incentives as 5 provided in section 161A.73 may be used in combination with 6 moneys allocated by the department of natural resources. 7 h. Not more than 15 percent of the moneys appropriated 8 in paragraph “a” may be used for costs of administration and 9 implementation of soil and water conservation practices. 10 10. LOCAL FOOD AND FARM PROGRAM COORDINATOR 11 a. For purposes of supporting a local food and farm program 12 coordinator as established pursuant to new Code chapter 267A as 13 enacted in this Act, for salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 63,750 16 b. The department shall enter into a cost-sharing agreement 17 with Iowa state university to support the local food and farm 18 program coordinator position as part of the university’s 19 cooperative extension service in agriculture and home economics 20 pursuant to new Code chapter 267A as enacted in this Act. 21 Sec. 127. DEPARTMENT OF NATURAL RESOURCES. There is 22 appropriated from the environment first fund created in section 23 8.57A to the department of natural resources for the fiscal 24 year beginning July 1, 2012, and ending June 30, 2013, the 25 following amounts, or so much thereof as is necessary, to be 26 used for the purposes designated: 27 1. KEEPERS OF THE LAND 28 For statewide coordination of volunteer efforts under the 29 water quality and keepers of the land programs: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 31 2. STATE PARKS MAINTENANCE AND OPERATIONS 32 For regular maintenance of state parks and staff time 33 associated with these activities: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,643,500 35 -79- LSB 2811HV (1) 84 tm/jp 79/ 518
H.F. 697 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 1 To provide local watershed managers with geographic 2 information system data for their use in developing, 3 monitoring, and displaying results of their watershed work: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 165,750 5 4. WATER QUALITY MONITORING 6 For continuing the establishment and operation of water 7 quality monitoring stations: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,511,750 9 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 10 For deposit in the public water supply system account of the 11 water quality protection fund created in section 455B.183A: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 13 6. REGULATION OF ANIMAL FEEDING OPERATIONS 14 For the regulation of animal feeding operations, including 15 as provided for in chapters 459 through 459B: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 357,000 17 7. AMBIENT AIR QUALITY 18 For the abatement, control, and prevention of ambient 19 air pollution in this state, including measures as necessary 20 to assure attainment and maintenance of ambient air quality 21 standards from particulate matter: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 361,250 23 8. WATER QUANTITY REGULATION 24 For regulating water quantity from surface and subsurface 25 sources by providing for the allocation and use of water 26 resources, the protection and management of water resources, 27 and the preclusion of conflicts among users of water resources, 28 including as provided in chapter 455B, division III, part 4: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 420,750 30 9. FORESTRY MANAGEMENT 31 To provide for forestry health management programs: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 33 Sec. 128. REVERSION. Notwithstanding section 8.33, 34 moneys appropriated for the fiscal year beginning July 1, 35 -80- LSB 2811HV (1) 84 tm/jp 80/ 518
H.F. 697 2012, in this division of this Act that remain unencumbered 1 or unobligated at the close of the fiscal year shall not 2 revert but shall remain available to be used for the purposes 3 designated until the close of the fiscal year beginning July 1, 4 2013, or until the project for which the appropriation was made 5 is completed, whichever is earlier. 6 DIVISION XV 7 AGRICULTURE AND NATURAL RESOURCES 8 ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE 9 RESOURCES ENHANCEMENT AND PROTECTION (REAP) 10 FUND FOR FY 2012-2013 11 GENERAL APPROPRIATIONS 12 Sec. 129. ENVIRONMENT FIRST FUND. Notwithstanding the 13 amount of the standing appropriation from the general fund of 14 the state to the Iowa resources enhancement and protection 15 fund as provided in section 455A.18, there is appropriated 16 from the environment first fund created in section 8.57A to 17 the Iowa resources enhancement and protection fund, in lieu of 18 the appropriation made in section 455A.18, for the fiscal year 19 beginning July 1, 2012, and ending June 30, 2013, the following 20 amount, to be allocated as provided in section 455A.19: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,775,000 22 DIVISION XVI 23 ECONOMIC DEVELOPMENT 24 FY 2011-2012 25 Sec. 130. DEPARTMENT OF CULTURAL AFFAIRS. There is 26 appropriated from the general fund of the state to the 27 department of cultural affairs for the fiscal year beginning 28 July 1, 2011, and ending June 30, 2012, the following amounts, 29 or so much thereof as is necessary, to be used for the purposes 30 designated: 31 1. ADMINISTRATION 32 a. For salaries, support, maintenance, miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions for the department: 35 -81- LSB 2811HV (1) 84 tm/jp 81/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,813 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 69.87 2 b. The department of cultural affairs shall coordinate 3 activities with the tourism office of the department of 4 economic development to promote attendance at the state 5 historical building and at this state’s historic sites. 6 c. Full-time equivalent positions authorized under this 7 subsection shall be funded, in full or in part, using moneys 8 appropriated under this subsection and subsections 2, 3, 4, 5, 9 6, and 8. 10 2. HISTORICAL DIVISION 11 For the support of the historical division: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,767,701 13 3. HISTORIC SITES 14 For the administration and support of historic sites: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 426,398 16 4. ARTS DIVISION 17 For the support of the arts division: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 933,764 19 5. GREAT PLACES 20 For the great places program: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 22 6. ARCHIVE IOWA GOVERNORS’ RECORDS 23 For archiving the records of Iowa governors: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 25 7. RECORDS CENTER RENT 26 For payment of rent for the state records center: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 227,243 28 8. BATTLE FLAGS 29 For continuation of the project recommended by the Iowa 30 battle flag advisory committee to stabilize the condition of 31 the battle flag collection: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 33 Sec. 131. GOALS AND ACCOUNTABILITY —— ECONOMIC DEVELOPMENT. 34 1. For the fiscal year beginning July 1, 2011, the goals for 35 -82- LSB 2811HV (1) 84 tm/jp 82/ 518
H.F. 697 the department of economic development shall be to expand and 1 stimulate the state economy, increase the wealth of Iowans, and 2 increase the population of the state. 3 2. To achieve the goals in subsection 1, the department 4 of economic development shall do all of the following for the 5 fiscal year beginning July 1, 2011: 6 a. Concentrate its efforts on programs and activities that 7 result in commercially viable products and services. 8 b. Adopt practices and services consistent with free 9 market, private sector philosophies. 10 c. Ensure economic growth and development throughout the 11 state. 12 d. Work with businesses and communities to continually 13 improve the economic development climate along with the 14 economic well-being and quality of life for Iowans. 15 e. Coordinate with other state agencies to ensure that they 16 are attentive to the needs of an entrepreneurial culture. 17 f. Establish a strong and aggressive marketing image to 18 showcase Iowa’s workforce, existing industry, and potential. 19 A priority shall be placed on recruiting new businesses, 20 business expansion, and retaining existing Iowa businesses. 21 Emphasis shall be placed on entrepreneurial development through 22 helping entrepreneurs secure capital, and developing networks 23 and a business climate conducive to entrepreneurs and small 24 businesses. 25 g. Encourage the development of communities and quality of 26 life to foster economic growth. 27 h. Prepare communities for future growth and development 28 through development, expansion, and modernization of 29 infrastructure. 30 i. Develop public-private partnerships with Iowa businesses 31 in the tourism industry, Iowa tour groups, Iowa tourism 32 organizations, and political subdivisions in this state to 33 assist in the development of advertising efforts. 34 j. Develop, to the fullest extent possible, cooperative 35 -83- LSB 2811HV (1) 84 tm/jp 83/ 518
H.F. 697 efforts for advertising with contributions from other sources. 1 Sec. 132. DEPARTMENT OF ECONOMIC DEVELOPMENT. 2 1. APPROPRIATION 3 There is appropriated from the general fund of the state 4 to the department of economic development for the fiscal year 5 beginning July 1, 2011, and ending June 30, 2012, the following 6 amounts, or so much thereof as is necessary, to be used for the 7 purposes designated in subsection 2, and for not more than the 8 following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,928,058 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.00 11 2. DESIGNATED PURPOSES 12 a. For salaries, support, miscellaneous purposes, programs, 13 and the maintenance of an administration division, a business 14 development division, and a community development division. 15 b. The full-time equivalent positions authorized under this 16 section shall be funded, in whole or in part, by the moneys 17 appropriated under subsection 1 or by other moneys received by 18 the department, including certain federal moneys. 19 c. For transfer to the Iowa state commission grant program. 20 d. For business development operations and programs, the 21 film office, international trade, export assistance, workforce 22 recruitment, and the partner state program. 23 e. For transfer to the strategic investment fund. 24 f. For community economic development programs, tourism 25 operations, community assistance, plans for Iowa green corps 26 and summer youth programs, the mainstreet and rural mainstreet 27 programs, the school-to-career program, the community 28 development block grant, and housing and shelter-related 29 programs. 30 g. For achieving the goals and accountability, fulfilling 31 the requirements, and doing all other things required under 32 this Act. 33 3. NONREVERSION 34 Notwithstanding section 8.33, moneys appropriated in 35 -84- LSB 2811HV (1) 84 tm/jp 84/ 518
H.F. 697 subsection 1 that remain unencumbered or unobligated at the 1 close of the fiscal year shall not revert but shall remain 2 available for expenditure for the purposes designated in 3 subsection 2 until the close of the succeeding fiscal year. 4 4. FINANCIAL ASSISTANCE RESTRICTIONS 5 a. A business creating jobs with economic development 6 assistance through moneys appropriated in this section shall be 7 subject to contract provisions stating that new and retained 8 jobs shall be filled by individuals who are citizens of the 9 United States who reside within the United States or any person 10 authorized to work in the United States pursuant to federal 11 law, including legal resident aliens in the United States. 12 b. Any vendor who receives such public moneys shall adhere 13 to such contract provisions and provide periodic assurances 14 as the state shall require that the jobs are filled solely by 15 citizens of the United States who reside within the United 16 States or any person authorized to work in the United States 17 pursuant to federal law, including legal resident aliens in the 18 United States. 19 c. A business that receives financial assistance from 20 the department from moneys appropriated in this Act shall 21 only employ individuals legally authorized to work in this 22 state. In addition to all other applicable penalties provided 23 by current law, all or a portion of the assistance received 24 by a business which is found to knowingly employ individuals 25 not legally authorized to work in this state is subject to 26 recapture by the department. 27 5. USES OF APPROPRIATIONS 28 a. From the moneys appropriated in this section, the 29 department may provide financial assistance in the form of a 30 grant to a community economic development entity for conducting 31 a local workforce recruitment effort designed to recruit former 32 citizens of the state and former students at colleges and 33 universities in the state to meet the needs of local employers. 34 b. From the moneys appropriated in this section, the 35 -85- LSB 2811HV (1) 84 tm/jp 85/ 518
H.F. 697 department may provide financial assistance to early stage 1 industry companies being established by women entrepreneurs. 2 c. From the moneys appropriated in this section, the 3 department may provide financial assistance in the form of 4 grants, loans, or forgivable loans for advanced research and 5 commercialization projects involving value-added agriculture, 6 advanced technology, or biotechnology. 7 d. The department shall not use any moneys appropriated in 8 this section for purposes of providing financial assistance for 9 the Iowa green streets pilot project or for any other program 10 or project that involves the installation of geothermal systems 11 for melting snow and ice from streets or sidewalks. 12 6. WORLD FOOD PRIZE AWARD 13 For allocating moneys for the world food prize and 14 notwithstanding the standing appropriation in section 15.368, 15 subsection 1: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 17 Sec. 133. VISION IOWA PROGRAM —— FTE AUTHORIZATION. For 18 purposes of administrative duties associated with the vision 19 Iowa program, the department of economic development is 20 authorized an additional 2.25 FTEs above those otherwise 21 authorized in this Act. 22 Sec. 134. INSURANCE ECONOMIC DEVELOPMENT. From the moneys 23 collected by the division of insurance in excess of the 24 anticipated gross revenues under section 505.7, subsection 3 , 25 during the fiscal year beginning July 1, 2011, $100,000 shall 26 be transferred to the department of economic development for 27 insurance economic development and international insurance 28 economic development. 29 Sec. 135. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 30 section 15E.120, subsection 5 , there is appropriated from the 31 Iowa community development loan fund all moneys available 32 during the fiscal year beginning July 1, 2011, and ending 33 June 30, 2012, to the department of economic development for 34 purposes of the community development program. 35 -86- LSB 2811HV (1) 84 tm/jp 86/ 518
H.F. 697 Sec. 136. WORKFORCE DEVELOPMENT FUND. There is 1 appropriated from the workforce development fund account 2 created in section 15.342A to the workforce development fund 3 created in section 15.343 for the fiscal year beginning July 4 1, 2011, and ending June 30, 2012, the following amount, for 5 purposes of the workforce development fund, and for not more 6 than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 9 Sec. 137. WORKFORCE DEVELOPMENT ADMINISTRATION. From 10 moneys appropriated or transferred to or receipts credited to 11 the workforce development fund created in section 15.343 , up to 12 $400,000 for the fiscal year beginning July 1, 2011, and ending 13 June 30, 2012, are appropriated to the department of economic 14 development for the administration of workforce development 15 activities including salaries, support, maintenance, and 16 miscellaneous purposes, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 19 Sec. 138. JOB TRAINING FUND. Notwithstanding section 20 15.251 , all moneys in the job training fund on July 1, 2011, 21 and any moneys appropriated or credited to the fund during the 22 fiscal year beginning July 1, 2011, shall be transferred to 23 the workforce development fund established pursuant to section 24 15.343 . 25 Sec. 139. GREEN INITIATIVES EXPENDITURE REPORT. By January 26 1, 2012, the department of economic development shall compile a 27 report on all expenditures made during the previous fiscal year 28 for purposes of green initiatives, sustainability programs, 29 and all such similar efforts. The report shall identify such 30 expenditures with a level of specificity sufficient to allow 31 the general assembly to evaluate and assess the propriety of 32 such expenditures under the spending authority given to the 33 department for such purposes. 34 Sec. 140. IOWA STATE UNIVERSITY. 35 -87- LSB 2811HV (1) 84 tm/jp 87/ 518
H.F. 697 1. There is appropriated from the general fund of the state 1 to Iowa state university of science and technology for the 2 fiscal year beginning July 1, 2011, and ending June 30, 2012, 3 the following amount, or so much thereof as is necessary, to 4 be used for small business development centers, the science 5 and technology research park, and the institute for physical 6 research and technology, and for not more than the following 7 full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,424,302 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 56.63 10 2. Of the moneys appropriated in subsection 1, Iowa state 11 university of science and technology shall allocate at least 12 $936,345 for purposes of funding small business development 13 centers. 14 3. Iowa state university of science and technology shall do 15 all of the following: 16 a. Direct expenditures for research toward projects that 17 will provide economic stimulus for Iowa. 18 b. Provide emphasis to providing services to Iowa-based 19 companies. 20 4. a. It is the intent of the general assembly that 21 the industrial incentive program focus on Iowa industrial 22 sectors and seek contributions and in-kind donations from 23 businesses, industrial foundations, and trade associations, 24 and that moneys for the institute for physical research and 25 technology industrial incentive program shall be allocated 26 only for projects which are matched by private sector moneys 27 for directed contract research or for nondirected research. 28 The match required of small businesses as defined in section 29 15.102, subsection 6 , for directed contract research or for 30 nondirected research shall be $1 for each $3 of state funds. 31 The match required for other businesses for directed contract 32 research or for nondirected research shall be $1 for each $1 of 33 state funds. The match required of industrial foundations or 34 trade associations shall be $1 for each $1 of state funds. 35 -88- LSB 2811HV (1) 84 tm/jp 88/ 518
H.F. 697 b. Iowa state university of science and technology shall 1 report annually to the joint appropriations subcommittee on 2 economic development and the legislative services agency the 3 total amount of private contributions, the proportion of 4 contributions from small businesses and other businesses, and 5 the proportion for directed contract research and nondirected 6 research of benefit to Iowa businesses and industrial sectors. 7 5. Notwithstanding section 8.33 , moneys appropriated in 8 this section that remain unencumbered or unobligated at the 9 close of the fiscal year shall not revert but shall remain 10 available for expenditure for the purposes designated until the 11 close of the succeeding fiscal year. 12 Sec. 141. UNIVERSITY OF IOWA. 13 1. There is appropriated from the general fund of the state 14 to the state university of Iowa for the fiscal year beginning 15 July 1, 2011, and ending June 30, 2012, the following amount, 16 or so much thereof as is necessary, to be used for the state 17 university of Iowa research park and for the advanced drug 18 development program at the Oakdale research park, including 19 salaries, support, maintenance, equipment, miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,279 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.00 24 2. The state university of Iowa shall do all of the 25 following: 26 a. Direct expenditures for research toward projects that 27 will provide economic stimulus for Iowa. 28 b. Provide emphasis to providing services to Iowa-based 29 companies. 30 3. Notwithstanding section 8.33 , moneys appropriated in 31 this section that remain unencumbered or unobligated at the 32 close of the fiscal year shall not revert but shall remain 33 available for expenditure for the purposes designated until the 34 close of the succeeding fiscal year. 35 -89- LSB 2811HV (1) 84 tm/jp 89/ 518
H.F. 697 Sec. 142. UNIVERSITY OF NORTHERN IOWA. 1 1. There is appropriated from the general fund of the 2 state to the university of northern Iowa for the fiscal year 3 beginning July 1, 2011, and ending June 30, 2012, the following 4 amount, or so much thereof as is necessary, to be used for the 5 metal casting institute, the MyEntreNet internet application, 6 and the institute for decision making, including salaries, 7 support, maintenance, miscellaneous purposes, and for not more 8 than the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 574,716 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.75 11 Of the moneys appropriated in this subsection, the 12 university of northern Iowa shall allocate not more than 13 $117,639 for purposes of expanded support for entrepreneurs 14 through the university’s regional business center. 15 2. The university of northern Iowa shall do all of the 16 following: 17 a. Direct expenditures for research toward projects that 18 will provide economic stimulus for Iowa. 19 b. Provide emphasis to providing services to Iowa-based 20 companies. 21 3. Notwithstanding section 8.33 , moneys appropriated in 22 this section that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert but shall remain 24 available for expenditure for the purposes designated until the 25 close of the succeeding fiscal year. 26 Sec. 143. BOARD OF REGENTS REPORT. By January 15, 2012, the 27 state board of regents shall submit a report on the progress 28 of regents institutions in meeting the strategic plan for 29 technology transfer and economic development to the secretary 30 of the senate, the chief clerk of the house of representatives, 31 and the legislative services agency. 32 Sec. 144. DEPARTMENT OF WORKFORCE DEVELOPMENT. There 33 is appropriated from the general fund of the state to the 34 department of workforce development for the fiscal year 35 -90- LSB 2811HV (1) 84 tm/jp 90/ 518
H.F. 697 beginning July 1, 2011, and ending June 30, 2012, the following 1 amounts, or so much thereof as is necessary, for the purposes 2 designated: 3 1. DIVISION OF LABOR SERVICES 4 a. For the division of labor services, including salaries, 5 support, maintenance, miscellaneous purposes, and for not more 6 than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,495,440 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 62.75 9 b. From the contractor registration fees, the division of 10 labor services shall reimburse the department of inspections 11 and appeals for all costs associated with hearings under 12 chapter 91C , relating to contractor registration. 13 2. DIVISION OF WORKERS’ COMPENSATION 14 a. For the division of workers’ compensation, including 15 salaries, support, maintenance, miscellaneous purposes, and for 16 not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,267,788 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 29.00 19 b. The division of workers’ compensation shall charge a 20 $100 filing fee for workers’ compensation cases. The filing 21 fee shall be paid by the petitioner of a claim. However, the 22 fee can be taxed as a cost and paid by the losing party, except 23 in cases where it would impose an undue hardship or be unjust 24 under the circumstances. The moneys generated by the filing 25 fee allowed under this subsection are appropriated to the 26 department of workforce development to be used for purposes of 27 administering the division of workers’ compensation. 28 3. WORKFORCE DEVELOPMENT OPERATIONS 29 a. For the operation of field offices, the workforce 30 development board, and for not more than the following 31 full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,707,042 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 130.00 34 b. The department shall not reduce the number of field 35 -91- LSB 2811HV (1) 84 tm/jp 91/ 518
H.F. 697 offices being operated as of January 1, 2009. 1 4. OFFENDER REENTRY PROGRAM 2 a. For the development and administration of an offender 3 reentry program to provide offenders with employment skills, 4 and for not more than the following full-time equivalent 5 positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 284,464 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 8 b. The department shall partner with the department of 9 corrections to provide staff within the correctional facilities 10 to improve offenders’ abilities to find and retain productive 11 employment. 12 5. Notwithstanding section 8.33 , moneys appropriated in 13 this section that remain unencumbered or unobligated at the 14 close of the fiscal year shall not revert but shall remain 15 available for expenditure for the purposes designated until the 16 close of the succeeding fiscal year. 17 Sec. 145. ACCOUNTABILITY —— AUDIT. The auditor of 18 state shall annually conduct an audit of the department of 19 workforce development and shall report the findings of such 20 annual audit, including the accountability of programs of the 21 department, to the chairpersons and ranking members of the 22 joint appropriations subcommittee on economic development. The 23 department shall pay for the costs associated with the audit. 24 Sec. 146. EMPLOYMENT SECURITY CONTINGENCY FUND —— DIVISION 25 OF WORKERS’ COMPENSATION. 26 1. There is appropriated from the special employment 27 security contingency fund to the department of workforce 28 development for the fiscal year beginning July 1, 2011, and 29 ending June 30, 2012, the following amount, or so much thereof 30 as is necessary, for the division of workers’ compensation, 31 salaries, support, maintenance, and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 471,000 33 2. Any remaining additional penalty and interest revenue 34 is appropriated to the department of workforce development to 35 -92- LSB 2811HV (1) 84 tm/jp 92/ 518
H.F. 697 accomplish the mission of the department. 1 Sec. 147. SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND 2 —— FIELD OFFICES. There is appropriated from the special 3 employment security contingency fund to the department of 4 workforce development for the fiscal year beginning July 1, 5 2011, and ending June 30, 2012, the following amount, or so 6 much thereof as is necessary, to be used for field offices: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 662,427 8 Sec. 148. UNEMPLOYMENT COMPENSATION RESERVE FUND —— 9 FIELD OFFICES. Notwithstanding section 96.9, subsection 8 , 10 paragraph “e”, there is appropriated from interest earned on 11 the unemployment compensation reserve fund to the department 12 of workforce development for the fiscal year beginning July 1, 13 2011, and ending June 30, 2012, the following amount or so much 14 thereof as is necessary, for the operation of field offices: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,238,260 16 Sec. 149. GENERAL FUND —— EMPLOYEE MISCLASSIFICATION 17 PROGRAM. There is appropriated from the general fund of the 18 state to the department of workforce development for the 19 fiscal year beginning July 1, 2011, and ending June 30, 2012, 20 the following amount, or so much thereof as is necessary, 21 to be used for enhancing efforts to investigate employers 22 that misclassify workers and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 451,458 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.10 26 Sec. 150. APPROPRIATIONS RESTRICTED. The department 27 of workforce development shall not use any of the moneys 28 appropriated pursuant to this Act for purposes of the national 29 career readiness certificate program. 30 Sec. 151. IOWA FINANCE AUTHORITY. 31 1. There is appropriated from the general fund of the state 32 to the Iowa finance authority for the fiscal year beginning 33 July 1, 2011, and ending June 30, 2012, the following amount, 34 or so much thereof as is necessary, to be used to provide 35 -93- LSB 2811HV (1) 84 tm/jp 93/ 518
H.F. 697 reimbursement for rent expenses to eligible persons under the 1 rent subsidy program: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 658,000 3 2. Participation in the rent subsidy program shall be 4 limited to only those persons who meet the requirements for the 5 nursing facility level of care for home and community-based 6 services waiver services as in effect on July 1, 2011, and 7 to those individuals who are eligible for the federal money 8 follows the person grant program under the medical assistance 9 program. Of the moneys appropriated in this section, not more 10 than $35,000 may be used for administrative costs. 11 Sec. 152. PUBLIC EMPLOYMENT RELATIONS BOARD. 12 1. There is appropriated from the general fund of the state 13 to the public employment relations board for the fiscal year 14 beginning July 1, 2011, and ending June 30, 2012, the following 15 amount, or so much thereof as is necessary, for salaries, 16 support, maintenance, miscellaneous purposes, and for not more 17 than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,057,871 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.00 20 2. Of the moneys appropriated in this section, the board 21 shall allocate $15,000 for maintaining a website that allows 22 searchable access to a database of collective bargaining 23 information. 24 Sec. 153. UNEMPLOYMENT COMPENSATION PROGRAM. Notwithstanding 25 section 96.9, subsection 4 , paragraph “a”, moneys credited to 26 the state by the secretary of the treasury of the United 27 States pursuant to section 903 of the Social Security 28 Act are appropriated to the department of workforce 29 development and shall be used by the department for the 30 administration of the unemployment compensation program only. 31 This appropriation shall not apply to any fiscal year 32 beginning after December 31, 2011. 33 DIVISION XVII 34 ECONOMIC DEVELOPMENT 35 -94- LSB 2811HV (1) 84 tm/jp 94/ 518
H.F. 697 FY 2012-2013 1 Sec. 154. DEPARTMENT OF CULTURAL AFFAIRS. There is 2 appropriated from the general fund of the state to the 3 department of cultural affairs for the fiscal year beginning 4 July 1, 2012, and ending June 30, 2013, the following amounts, 5 or so much thereof as is necessary, to be used for the purposes 6 designated: 7 1. ADMINISTRATION 8 a. For salaries, support, maintenance, miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions for the department: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 146,041 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 69.87 13 b. The department of cultural affairs shall coordinate 14 activities with the tourism office of the department of 15 economic development to promote attendance at the state 16 historical building and at this state’s historic sites. 17 c. Full-time equivalent positions authorized under this 18 subsection shall be funded, in full or in part, using moneys 19 appropriated under this subsection and subsections 2, 3, 4, 5, 20 6, and 8. 21 2. HISTORICAL DIVISION 22 For the support of the historical division: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,352,546 24 3. HISTORIC SITES 25 For the administration and support of historic sites: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362,438 27 4. ARTS DIVISION 28 For the support of the arts division: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 793,699 30 5. GREAT PLACES 31 For the great places program: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 127,500 33 6. ARCHIVE IOWA GOVERNORS’ RECORDS 34 For archiving the records of Iowa governors: 35 -95- LSB 2811HV (1) 84 tm/jp 95/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,250 1 7. RECORDS CENTER RENT 2 For payment of rent for the state records center: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 193,157 4 8. BATTLE FLAGS 5 For continuation of the project recommended by the Iowa 6 battle flag advisory committee to stabilize the condition of 7 the battle flag collection: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 9 Sec. 155. GOALS AND ACCOUNTABILITY —— ECONOMIC DEVELOPMENT. 10 1. For the fiscal year beginning July 1, 2012, the goals for 11 the department of economic development shall be to expand and 12 stimulate the state economy, increase the wealth of Iowans, and 13 increase the population of the state. 14 2. To achieve the goals in subsection 1, the department 15 of economic development shall do all of the following for the 16 fiscal year beginning July 1, 2012: 17 a. Concentrate its efforts on programs and activities that 18 result in commercially viable products and services. 19 b. Adopt practices and services consistent with free 20 market, private sector philosophies. 21 c. Ensure economic growth and development throughout the 22 state. 23 d. Work with businesses and communities to continually 24 improve the economic development climate along with the 25 economic well-being and quality of life for Iowans. 26 e. Coordinate with other state agencies to ensure that they 27 are attentive to the needs of an entrepreneurial culture. 28 f. Establish a strong and aggressive marketing image to 29 showcase Iowa’s workforce, existing industry, and potential. 30 A priority shall be placed on recruiting new businesses, 31 business expansion, and retaining existing Iowa businesses. 32 Emphasis shall be placed on entrepreneurial development through 33 helping entrepreneurs secure capital, and developing networks 34 and a business climate conducive to entrepreneurs and small 35 -96- LSB 2811HV (1) 84 tm/jp 96/ 518
H.F. 697 businesses. 1 g. Encourage the development of communities and quality of 2 life to foster economic growth. 3 h. Prepare communities for future growth and development 4 through development, expansion, and modernization of 5 infrastructure. 6 i. Develop public-private partnerships with Iowa businesses 7 in the tourism industry, Iowa tour groups, Iowa tourism 8 organizations, and political subdivisions in this state to 9 assist in the development of advertising efforts. 10 j. Develop, to the fullest extent possible, cooperative 11 efforts for advertising with contributions from other sources. 12 Sec. 156. DEPARTMENT OF ECONOMIC DEVELOPMENT. 13 1. APPROPRIATION 14 There is appropriated from the general fund of the state 15 to the department of economic development for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amounts, or so much thereof as is necessary, to be used for the 18 purposes designated in subsection 2, and for not more than the 19 following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,438,849 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.00 22 2. DESIGNATED PURPOSES 23 a. For salaries, support, miscellaneous purposes, programs, 24 and the maintenance of an administration division, a business 25 development division, and a community development division. 26 b. The full-time equivalent positions authorized under this 27 section shall be funded, in whole or in part, by the moneys 28 appropriated under subsection 1 or by other moneys received by 29 the department, including certain federal moneys. 30 c. For transfer to the Iowa state commission grant program. 31 d. For business development operations and programs, the 32 film office, international trade, export assistance, workforce 33 recruitment, and the partner state program. 34 e. For transfer to the strategic investment fund. 35 -97- LSB 2811HV (1) 84 tm/jp 97/ 518
H.F. 697 f. For community economic development programs, tourism 1 operations, community assistance, plans for Iowa green corps 2 and summer youth programs, the mainstreet and rural mainstreet 3 programs, the school-to-career program, the community 4 development block grant, and housing and shelter-related 5 programs. 6 g. For achieving the goals and accountability, fulfilling 7 the requirements, and doing all other things required under 8 this Act. 9 3. NONREVERSION 10 Notwithstanding section 8.33, moneys appropriated in 11 subsection 1 that remain unencumbered or unobligated at the 12 close of the fiscal year shall not revert but shall remain 13 available for expenditure for the purposes designated in 14 subsection 2 until the close of the succeeding fiscal year. 15 4. FINANCIAL ASSISTANCE RESTRICTIONS 16 a. A business creating jobs with economic development 17 assistance through moneys appropriated in this section shall be 18 subject to contract provisions stating that new and retained 19 jobs shall be filled by individuals who are citizens of the 20 United States who reside within the United States or any person 21 authorized to work in the United States pursuant to federal 22 law, including legal resident aliens in the United States. 23 b. Any vendor who receives such public moneys shall adhere 24 to such contract provisions and provide periodic assurances 25 as the state shall require that the jobs are filled solely by 26 citizens of the United States who reside within the United 27 States or any person authorized to work in the United States 28 pursuant to federal law, including legal resident aliens in the 29 United States. 30 c. A business that receives financial assistance from 31 the department from moneys appropriated in this Act shall 32 only employ individuals legally authorized to work in this 33 state. In addition to all other applicable penalties provided 34 by current law, all or a portion of the assistance received 35 -98- LSB 2811HV (1) 84 tm/jp 98/ 518
H.F. 697 by a business which is found to knowingly employ individuals 1 not legally authorized to work in this state is subject to 2 recapture by the department. 3 5. USES OF APPROPRIATIONS 4 a. From the moneys appropriated in this section, the 5 department may provide financial assistance in the form of a 6 grant to a community economic development entity for conducting 7 a local workforce recruitment effort designed to recruit former 8 citizens of the state and former students at colleges and 9 universities in the state to meet the needs of local employers. 10 b. From the moneys appropriated in this section, the 11 department may provide financial assistance to early stage 12 industry companies being established by women entrepreneurs. 13 c. From the moneys appropriated in this section, the 14 department may provide financial assistance in the form of 15 grants, loans, or forgivable loans for advanced research and 16 commercialization projects involving value-added agriculture, 17 advanced technology, or biotechnology. 18 d. The department shall not use any moneys appropriated in 19 this section for purposes of providing financial assistance for 20 the Iowa green streets pilot project or for any other program 21 or project that involves the installation of geothermal systems 22 for melting snow and ice from streets or sidewalks. 23 6. WORLD FOOD PRIZE 24 For allocating moneys for the world food prize and 25 notwithstanding the standing appropriation in section 15.368, 26 subsection 1: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 28 Sec. 157. VISION IOWA PROGRAM —— FTE AUTHORIZATION. For 29 purposes of administrative duties associated with the vision 30 Iowa program, the department of economic development is 31 authorized an additional 2.25 FTEs above those otherwise 32 authorized in this Act. 33 Sec. 158. INSURANCE ECONOMIC DEVELOPMENT. From the moneys 34 collected by the division of insurance in excess of the 35 -99- LSB 2811HV (1) 84 tm/jp 99/ 518
H.F. 697 anticipated gross revenues under section 505.7, subsection 3 , 1 during the fiscal year beginning July 1, 2012, $100,000 shall 2 be transferred to the department of economic development for 3 insurance economic development and international insurance 4 economic development. 5 Sec. 159. COMMUNITY DEVELOPMENT LOAN FUND. Notwithstanding 6 section 15E.120, subsection 5 , there is appropriated from the 7 Iowa community development loan fund all moneys available 8 during the fiscal year beginning July 1, 2012, and ending 9 June 30, 2013, to the department of economic development for 10 purposes of the community development program. 11 Sec. 160. WORKFORCE DEVELOPMENT FUND. There is 12 appropriated from the workforce development fund account 13 created in section 15.342A to the workforce development fund 14 created in section 15.343 for the fiscal year beginning July 15 1, 2012, and ending June 30, 2013, the following amount, for 16 purposes of the workforce development fund, and for not more 17 than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,400,000 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 20 Sec. 161. WORKFORCE DEVELOPMENT ADMINISTRATION. From 21 moneys appropriated or transferred to or receipts credited to 22 the workforce development fund created in section 15.343 , up to 23 $400,000 for the fiscal year beginning July 1, 2012, and ending 24 June 30, 2013, are appropriated to the department of economic 25 development for the administration of workforce development 26 activities including salaries, support, maintenance, and 27 miscellaneous purposes, and for not more than the following 28 full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 30 Sec. 162. JOB TRAINING FUND. Notwithstanding section 31 15.251 , all moneys in the job training fund on July 1, 2012, 32 and any moneys appropriated or credited to the fund during the 33 fiscal year beginning July 1, 2012, shall be transferred to 34 the workforce development fund established pursuant to section 35 -100- LSB 2811HV (1) 84 tm/jp 100/ 518
H.F. 697 15.343 . 1 Sec. 163. IOWA STATE UNIVERSITY. 2 1. There is appropriated from the general fund of the state 3 to Iowa state university of science and technology for the 4 fiscal year beginning July 1, 2012, and ending June 30, 2013, 5 the following amount, or so much thereof as is necessary, to 6 be used for small business development centers, the science 7 and technology research park, and the institute for physical 8 research and technology, and for not more than the following 9 full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,060,657 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 56.63 12 2. Of the moneys appropriated in subsection 1, Iowa state 13 university of science and technology shall allocate at least 14 $795,893 for purposes of funding small business development 15 centers. 16 3. Iowa state university of science and technology shall do 17 all of the following: 18 a. Direct expenditures for research toward projects that 19 will provide economic stimulus for Iowa. 20 b. Provide emphasis to providing services to Iowa-based 21 companies. 22 4. a. It is the intent of the general assembly that 23 the industrial incentive program focus on Iowa industrial 24 sectors and seek contributions and in-kind donations from 25 businesses, industrial foundations, and trade associations, 26 and that moneys for the institute for physical research and 27 technology industrial incentive program shall be allocated 28 only for projects which are matched by private sector moneys 29 for directed contract research or for nondirected research. 30 The match required of small businesses as defined in section 31 15.102, subsection 6 , for directed contract research or for 32 nondirected research shall be $1 for each $3 of state funds. 33 The match required for other businesses for directed contract 34 research or for nondirected research shall be $1 for each $1 of 35 -101- LSB 2811HV (1) 84 tm/jp 101/ 518
H.F. 697 state funds. The match required of industrial foundations or 1 trade associations shall be $1 for each $1 of state funds. 2 b. Iowa state university of science and technology shall 3 report annually to the joint appropriations subcommittee on 4 economic development and the legislative services agency the 5 total amount of private contributions, the proportion of 6 contributions from small businesses and other businesses, and 7 the proportion for directed contract research and nondirected 8 research of benefit to Iowa businesses and industrial sectors. 9 5. Notwithstanding section 8.33 , moneys appropriated in 10 this section that remain unencumbered or unobligated at the 11 close of the fiscal year shall not revert but shall remain 12 available for expenditure for the purposes designated until the 13 close of the succeeding fiscal year. 14 Sec. 164. UNIVERSITY OF IOWA. 15 1. There is appropriated from the general fund of the state 16 to the state university of Iowa for the fiscal year beginning 17 July 1, 2012, and ending June 30, 2013, the following amount, 18 or so much thereof as is necessary, to be used for the state 19 university of Iowa research park and for the advanced drug 20 development program at the Oakdale research park, including 21 salaries, support, maintenance, equipment, miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 177,887 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.00 26 2. The state university of Iowa shall do all of the 27 following: 28 a. Direct expenditures for research toward projects that 29 will provide economic stimulus for Iowa. 30 b. Provide emphasis to providing services to Iowa-based 31 companies. 32 3. Notwithstanding section 8.33 , moneys appropriated in 33 this section that remain unencumbered or unobligated at the 34 close of the fiscal year shall not revert but shall remain 35 -102- LSB 2811HV (1) 84 tm/jp 102/ 518
H.F. 697 available for expenditure for the purposes designated until the 1 close of the succeeding fiscal year. 2 Sec. 165. UNIVERSITY OF NORTHERN IOWA. 3 1. There is appropriated from the general fund of the 4 state to the university of northern Iowa for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, the following 6 amount, or so much thereof as is necessary, to be used for the 7 metal casting institute, the MyEntreNet internet application, 8 and the institute for decision making, including salaries, 9 support, maintenance, miscellaneous purposes, and for not more 10 than the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 488,509 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.75 13 Of the moneys appropriated in this subsection, the 14 university of northern Iowa shall allocate not more than 15 $99,993 for purposes of expanded support for entrepreneurs 16 through the university’s regional business center. 17 2. The university of northern Iowa shall do all of the 18 following: 19 a. Direct expenditures for research toward projects that 20 will provide economic stimulus for Iowa. 21 b. Provide emphasis to providing services to Iowa-based 22 companies. 23 3. Notwithstanding section 8.33 , moneys appropriated in 24 this section that remain unencumbered or unobligated at the 25 close of the fiscal year shall not revert but shall remain 26 available for expenditure for the purposes designated until the 27 close of the succeeding fiscal year. 28 Sec. 166. BOARD OF REGENTS REPORT. By January 15, 2013, the 29 state board of regents shall submit a report on the progress 30 of regents institutions in meeting the strategic plan for 31 technology transfer and economic development to the secretary 32 of the senate, the chief clerk of the house of representatives, 33 and the legislative services agency. 34 Sec. 167. DEPARTMENT OF WORKFORCE DEVELOPMENT. There 35 -103- LSB 2811HV (1) 84 tm/jp 103/ 518
H.F. 697 is appropriated from the general fund of the state to the 1 department of workforce development for the fiscal year 2 beginning July 1, 2012, and ending June 30, 2013, the following 3 amounts, or so much thereof as is necessary, for the purposes 4 designated: 5 1. DIVISION OF LABOR SERVICES 6 a. For the division of labor services, including salaries, 7 support, maintenance, miscellaneous purposes, and for not more 8 than the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,971,124 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 62.75 11 b. From the contractor registration fees, the division of 12 labor services shall reimburse the department of inspections 13 and appeals for all costs associated with hearings under 14 chapter 91C , relating to contractor registration. 15 2. DIVISION OF WORKERS’ COMPENSATION 16 a. For the division of workers’ compensation, including 17 salaries, support, maintenance, miscellaneous purposes, and for 18 not more than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,927,620 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 29.00 21 b. The division of workers’ compensation shall charge a 22 $100 filing fee for workers’ compensation cases. The filing 23 fee shall be paid by the petitioner of a claim. However, the 24 fee can be taxed as a cost and paid by the losing party, except 25 in cases where it would impose an undue hardship or be unjust 26 under the circumstances. The moneys generated by the filing 27 fee allowed under this subsection are appropriated to the 28 department of workforce development to be used for purposes of 29 administering the division of workers’ compensation. 30 3. WORKFORCE DEVELOPMENT OPERATIONS 31 a. For the operation of field offices, the workforce 32 development board, and for not more than the following 33 full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,250,986 35 -104- LSB 2811HV (1) 84 tm/jp 104/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 130.00 1 b. The department shall not reduce the number of field 2 offices being operated as of January 1, 2009. 3 4. OFFENDER REENTRY PROGRAM 4 a. For the development and administration of an offender 5 reentry program to provide offenders with employment skills, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 241,794 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 10 b. The department shall partner with the department of 11 corrections to provide staff within the correctional facilities 12 to improve offenders’ abilities to find and retain productive 13 employment. 14 5. Notwithstanding section 8.33 , moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 168. ACCOUNTABILITY —— AUDIT. The auditor of 20 state shall annually conduct an audit of the department of 21 workforce development and shall report the findings of such 22 annual audit, including the accountability of programs of the 23 department, to the chairpersons and ranking members of the 24 joint appropriations subcommittee on economic development. The 25 department shall pay for the costs associated with the audit. 26 Sec. 169. EMPLOYMENT SECURITY CONTINGENCY FUND —— DIVISION 27 OF WORKERS’ COMPENSATION. 28 1. There is appropriated from the special employment 29 security contingency fund to the department of workforce 30 development for the fiscal year beginning July 1, 2012, and 31 ending June 30, 2013, the following amount, or so much thereof 32 as is necessary, for the division of workers’ compensation, 33 salaries, support, maintenance, and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,350 35 -105- LSB 2811HV (1) 84 tm/jp 105/ 518
H.F. 697 2. Any remaining additional penalty and interest revenue 1 is appropriated to the department of workforce development to 2 accomplish the mission of the department. 3 Sec. 170. SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND 4 —— FIELD OFFICES. There is appropriated from the special 5 employment security contingency fund to the department of 6 workforce development for the fiscal year beginning July 1, 7 2012, and ending June 30, 2013, the following amount, or so 8 much thereof as is necessary, to be used for field offices: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 563,063 10 Sec. 171. UNEMPLOYMENT COMPENSATION RESERVE FUND —— 11 FIELD OFFICES. Notwithstanding section 96.9, subsection 8 , 12 paragraph “e”, there is appropriated from interest earned on 13 the unemployment compensation reserve fund to the department 14 of workforce development for the fiscal year beginning July 1, 15 2012, and ending June 30, 2013, the following amount or so much 16 thereof as is necessary, for the operation of field offices: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,020,000 18 Sec. 172. GENERAL FUND —— EMPLOYEE MISCLASSIFICATION 19 PROGRAM. There is appropriated from the general fund of the 20 state to the department of workforce development for the 21 fiscal year beginning July 1, 2012, and ending June 30, 2013, 22 the following amount, or so much thereof as is necessary, 23 to be used for enhancing efforts to investigate employers 24 that misclassify workers and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 383,739 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.10 28 Sec. 173. APPROPRIATIONS RESTRICTED. The department 29 of workforce development shall not use any of the moneys 30 appropriated pursuant to this Act for purposes of the national 31 career readiness certificate program. 32 Sec. 174. IOWA FINANCE AUTHORITY. 33 1. There is appropriated from the general fund of the state 34 to the Iowa finance authority for the fiscal year beginning 35 -106- LSB 2811HV (1) 84 tm/jp 106/ 518
H.F. 697 July 1, 2012, and ending June 30, 2013, the following amount, 1 or so much thereof as is necessary, to be used to provide 2 reimbursement for rent expenses to eligible persons under the 3 rent subsidy program: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 559,300 5 2. Participation in the rent subsidy program shall be 6 limited to only those persons who meet the requirements for the 7 nursing facility level of care for home and community-based 8 services waiver services as in effect on July 1, 2012, and 9 to those individuals who are eligible for the federal money 10 follows the person grant program under the medical assistance 11 program. Of the moneys appropriated in this section, not more 12 than $35,000 may be used for administrative costs. 13 Sec. 175. PUBLIC EMPLOYMENT RELATIONS BOARD. 14 1. There is appropriated from the general fund of the state 15 to the public employment relations board for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amount, or so much thereof as is necessary, for salaries, 18 support, maintenance, miscellaneous purposes, and for not more 19 than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 899,190 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.00 22 2. Of the moneys appropriated in this section, the board 23 shall allocate $15,000 for maintaining a website that allows 24 searchable access to a database of collective bargaining 25 information. 26 Sec. 176. UNEMPLOYMENT COMPENSATION PROGRAM. Notwithstanding 27 section 96.9, subsection 4 , paragraph “a”, moneys credited to 28 the state by the secretary of the treasury of the United 29 States pursuant to section 903 of the Social Security 30 Act are appropriated to the department of workforce 31 development and shall be used by the department for the 32 administration of the unemployment compensation program only. 33 This appropriation shall not apply to any fiscal year 34 beginning after December 31, 2012. 35 -107- LSB 2811HV (1) 84 tm/jp 107/ 518
H.F. 697 DIVISION XVIII 1 ECONOMIC DEVELOPMENT 2 AGENCY APPEARANCES BEFORE APPROPRIATIONS SUBCOMMITTEE 3 Sec. 177. AGENCY APPEARANCES BEFORE APPROPRIATIONS 4 SUBCOMMITTEE. The directors, or the directors’ designees, 5 of the Iowa finance authority and the department of economic 6 development, and any successor entities, shall annually appear 7 before the members of the joint subcommittee on economic 8 development appropriations and present a proposed budget. The 9 proposed budget shall include a detailed accounting of all 10 moneys received, from any source, and all moneys expended, 11 for any purpose, during the current fiscal year and the prior 12 fiscal year. The proposed budget shall also include a detailed 13 expenditure plan for such moneys during the next fiscal year. 14 DIVISION XIX 15 EDUCATION 16 FY 2011-2012 17 DEPARTMENT FOR THE BLIND 18 Sec. 178. ADMINISTRATION. There is appropriated from the 19 general fund of the state to the department for the blind for 20 the fiscal year beginning July 1, 2011, and ending June 30, 21 2012, the following amount, or so much thereof as is necessary, 22 to be used for the purposes designated: 23 For salaries, support, maintenance, miscellaneous purposes, 24 and for not more than the following full-time equivalent 25 positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,706,053 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 88.00 28 COLLEGE STUDENT AID COMMISSION 29 Sec. 179. There is appropriated from the general fund of the 30 state to the college student aid commission for the fiscal year 31 beginning July 1, 2011, and ending June 30, 2012, the following 32 amounts, or so much thereof as may be necessary, to be used for 33 the purposes designated: 34 1. GENERAL ADMINISTRATION 35 -108- LSB 2811HV (1) 84 tm/jp 108/ 518
H.F. 697 For salaries, support, maintenance, miscellaneous purposes, 1 and for not more than the following full-time equivalent 2 positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,903 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.95 5 2. STUDENT AID PROGRAMS 6 For payments to students for the Iowa grant program 7 established in section 261.93: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 848,761 9 3. DES MOINES UNIVERSITY —— HEALTH CARE PROFESSIONAL 10 RECRUITMENT PROGRAM 11 For forgivable loans to Iowa students attending Des Moines 12 university —— osteopathic medical center under the forgivable 13 loan program pursuant to section 261.19: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 349,699 15 4. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 16 For purposes of providing national guard educational 17 assistance under the program established in section 261.86: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,186,233 19 5. TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM 20 For the teacher shortage loan forgiveness program 21 established in section 261.112: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 6. ALL IOWA OPPORTUNITY FOSTER CARE GRANT PROGRAM 24 For purposes of the all Iowa opportunity foster care grant 25 program established pursuant to section 261.6: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 594,383 27 7. ALL IOWA OPPORTUNITY SCHOLARSHIP PROGRAM 28 a. For purposes of the all Iowa opportunity scholarship 29 program established pursuant to section 261.87: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,403,949 31 b. If the moneys appropriated by the general assembly to the 32 college student aid commission for fiscal year 2011-2012 for 33 purposes of the all Iowa opportunity scholarship program exceed 34 $500,000, “eligible institution” as defined in section 261.87, 35 -109- LSB 2811HV (1) 84 tm/jp 109/ 518
H.F. 697 shall, during fiscal year 2011-2012, include accredited private 1 institutions as defined in section 261.9, subsection 1. 2 8. REGISTERED NURSE AND NURSE EDUCATOR LOAN FORGIVENESS 3 PROGRAM 4 a. For purposes of the registered nurse and nurse educator 5 loan forgiveness program established pursuant to section 6 261.23: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,736 8 b. It is the intent of the general assembly that the 9 commission continue to consider moneys allocated pursuant to 10 this subsection as moneys that meet the state matching funds 11 requirements of the federal leveraging educational assistance 12 program and the federal supplemental leveraging educational 13 assistance program established under the Higher Education Act 14 of 1965, as amended. 15 9. BARBER AND COSMETOLOGY ARTS AND SCIENCES TUITION GRANT 16 PROGRAM 17 For purposes of the barber and cosmetology arts and sciences 18 tuition grant program established pursuant to section 261.18: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,626 20 Sec. 180. CHIROPRACTIC LOAN FUNDS. Notwithstanding 21 section 261.72, the moneys deposited in the chiropractic loan 22 revolving fund created pursuant to section 261.72 may be used 23 for purposes of the chiropractic loan forgiveness program 24 established in section 261.73. 25 Sec. 181. WORK-STUDY APPROPRIATION FOR FY 2011-2012. 26 Notwithstanding section 261.85, for the fiscal year beginning 27 July 1, 2011, and ending June 30, 2012, the amount appropriated 28 from the general fund of the state to the college student aid 29 commission for the work-study program under section 261.85 30 shall be zero. 31 DEPARTMENT OF EDUCATION 32 Sec. 182. There is appropriated from the general fund of 33 the state to the department of education for the fiscal year 34 beginning July 1, 2011, and ending June 30, 2012, the following 35 -110- LSB 2811HV (1) 84 tm/jp 110/ 518
H.F. 697 amounts, or so much thereof as may be necessary, to be used for 1 the purposes designated: 2 1. GENERAL ADMINISTRATION 3 For salaries, support, maintenance, miscellaneous purposes, 4 and for not more than the following full-time equivalent 5 positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,019,042 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 81.67 8 2. VOCATIONAL EDUCATION ADMINISTRATION 9 For salaries, support, maintenance, miscellaneous purposes, 10 and for not more than the following full-time equivalent 11 positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 422,319 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.50 14 3. VOCATIONAL REHABILITATION SERVICES DIVISION 15 a. For salaries, support, maintenance, miscellaneous 16 purposes, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,477,378 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 255.00 20 b. For matching funds for programs to enable persons 21 with severe physical or mental disabilities to function more 22 independently, including salaries and support, and for not more 23 than the following full-time equivalent position: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,457 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 26 c. For the entrepreneurs with disabilities program 27 established pursuant to section 259.4, subsection 9: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 146,760 29 d. For costs associated with centers for independent 30 living: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,633 32 4. STATE LIBRARY 33 a. For salaries, support, maintenance, miscellaneous 34 purposes, and for not more than the following full-time 35 -111- LSB 2811HV (1) 84 tm/jp 111/ 518
H.F. 697 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,219,799 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 3 b. For the enrich Iowa program established under section 4 256.57: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,688,316 6 5. LIBRARY SERVICE AREA SYSTEM 7 For state aid: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 934,917 9 6. PUBLIC BROADCASTING DIVISION 10 For salaries, support, maintenance, capital expenditures, 11 miscellaneous purposes, and for not more than the following 12 full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,710,017 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 82.00 15 7. REGIONAL TELECOMMUNICATIONS COUNCILS 16 For state aid: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,001,269 18 The regional telecommunications councils established 19 in section 8D.5 shall use the moneys appropriated in this 20 subsection to provide technical assistance for network 21 classrooms, planning and troubleshooting for local area 22 networks, scheduling of video sites, and other related support 23 activities. 24 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 25 For reimbursement for vocational education expenditures made 26 by secondary schools: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,435,234 28 Moneys appropriated in this subsection shall be used 29 to reimburse school districts for vocational education 30 expenditures made by secondary schools to meet the standards 31 set in sections 256.11, 258.4, and 260C.14. 32 9. SCHOOL FOOD SERVICE 33 For use as state matching funds for federal programs that 34 shall be disbursed according to federal regulations, including 35 -112- LSB 2811HV (1) 84 tm/jp 112/ 518
H.F. 697 salaries, support, maintenance, miscellaneous purposes, and for 1 not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,993,795 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 20.58 4 10. EARLY CHILDHOOD IOWA FUND —— GENERAL AID 5 For deposit in the school ready children grants account of 6 the early childhood Iowa fund created in section 256I.11: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,386,113 8 a. From the moneys deposited in the school ready children 9 grants account for the fiscal year beginning July 1, 2011, and 10 ending June 30, 2012, not more than $265,950 is allocated for 11 the early childhood Iowa office and other technical assistance 12 activities. The early childhood Iowa state board shall direct 13 staff to work with the early childhood stakeholders alliance 14 created in section 256I.12 to inventory technical assistance 15 needs. Moneys allocated under this lettered paragraph may be 16 used by the early childhood Iowa state board for the purpose of 17 skills development and support for ongoing training of staff. 18 However, except as otherwise provided in this subsection, 19 moneys shall not be used for additional staff or for the 20 reimbursement of staff. 21 b. As a condition of receiving moneys appropriated in 22 this subsection, each early childhood Iowa area board shall 23 report to the early childhood Iowa state board progress on 24 each of the local indicators approved by the area board. Each 25 early childhood Iowa area board must also submit an annual 26 budget for the area’s comprehensive school ready children 27 grant developed for providing services for children from birth 28 through five years of age, and provide other information 29 specified by the early childhood Iowa state board, including 30 budget amendments as needed. The early childhood Iowa state 31 board shall establish a submission deadline for the annual 32 budget and any budget amendments that allow a reasonable period 33 of time for preparation by the early childhood Iowa area boards 34 and for review and approval or request for modification of 35 -113- LSB 2811HV (1) 84 tm/jp 113/ 518
H.F. 697 the materials by the early childhood Iowa state board. In 1 addition, each early childhood Iowa area board must continue to 2 comply with reporting provisions and other requirements adopted 3 by the early childhood Iowa state board in implementing section 4 256I.9. 5 c. Of the amount appropriated in this subsection for 6 deposit in the school ready children grants account of the 7 early childhood Iowa fund, $2,318,018 shall be used for efforts 8 to improve the quality of early care, health, and education 9 programs. Moneys allocated pursuant to this paragraph may be 10 used for additional staff and for the reimbursement of staff. 11 The early childhood Iowa state board may reserve a portion 12 of the allocation, not to exceed $88,650, for the technical 13 assistance expenses of the early childhood Iowa state office, 14 including the reimbursement of staff, and shall distribute 15 the remainder to early childhood Iowa areas for local quality 16 improvement efforts through a methodology identified by the 17 early childhood Iowa state board to make the most productive 18 use of the funding, which may include use of the distribution 19 formula, grants, or other means. 20 d. Of the amount appropriated in this subsection for 21 deposit in the school ready children grants account of 22 the early childhood Iowa fund, $825,030 shall be used for 23 support of professional development and training activities 24 for persons working in early care, health, and education by 25 the early childhood Iowa state board in collaboration with 26 the professional development component group of the early 27 childhood Iowa stakeholders alliance maintained pursuant to 28 section 256I.12, subsection 7, paragraph “b”, and the early 29 childhood Iowa area boards. Expenditures shall be limited to 30 professional development and training activities agreed upon by 31 the parties participating in the collaboration. 32 11. EARLY CHILDHOOD IOWA FUND —— PRESCHOOL TUITION 33 ASSISTANCE 34 a. For deposit in the school ready children grants account 35 -114- LSB 2811HV (1) 84 tm/jp 114/ 518
H.F. 697 of the early childhood Iowa fund created in section 256I.11: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,128,877 2 b. The amount appropriated in this subsection shall be 3 used for early care, health, and education programs to assist 4 low-income parents with tuition for preschool and other 5 supportive services for children ages three, four, and five 6 who are not attending kindergarten in order to increase the 7 basic family income eligibility requirement to not more than 8 200 percent of the federal poverty level. In addition, if 9 sufficient funding is available after addressing the needs of 10 those who meet the basic income eligibility requirement, an 11 early childhood Iowa area board may provide for eligibility 12 for those with a family income in excess of the basic income 13 eligibility requirement through use of a sliding scale or other 14 copayment provisions. 15 12. EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT 16 EDUCATION 17 a. For deposit in the school ready children grants account 18 of the early childhood Iowa fund created in section 256I.11: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,364,434 20 b. The amount appropriated in this subsection shall be 21 used for family support services and parent education programs 22 targeted to families expecting a child or with newborn and 23 infant children through age five and shall be distributed using 24 the distribution formula approved by the early childhood Iowa 25 state board and shall be used by an early childhood Iowa area 26 board only for family support services and parent education 27 programs targeted to families expecting a child or with newborn 28 and infant children through age five. 29 13. BIRTH TO AGE THREE SERVICES 30 For expansion of the federal Individuals with Disabilities 31 Education Improvement Act of 2004, Pub. L. No. 108-446, as 32 amended to January 1, 2011, birth through age three services 33 due to increased numbers of children qualifying for those 34 services: 35 -115- LSB 2811HV (1) 84 tm/jp 115/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,618,116 1 From the moneys appropriated in this subsection, $383,769 2 shall be allocated to the child health specialty clinic at the 3 state university of Iowa to provide additional support for 4 infants and toddlers who are born prematurely, drug-exposed, or 5 medically fragile. 6 14. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 7 To provide moneys for costs of providing textbooks to each 8 resident pupil who attends a nonpublic school as authorized by 9 section 301.1: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,987 11 Funding under this subsection is limited to $20 per pupil and 12 shall not exceed the comparable services offered to resident 13 public school pupils. 14 15. BEGINNING ADMINISTRATOR MENTORING AND INDUCTION PROGRAM 15 For purposes of administering the beginning administrator 16 mentoring and induction program established pursuant to chapter 17 284A: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 183,448 19 16. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 20 For purposes of the student achievement and teacher quality 21 program established pursuant to chapter 284, and for not more 22 than the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,498,878 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 25 17. JOBS FOR AMERICA’S GRADUATES 26 For school districts to provide direct services to the 27 most at-risk senior high school students enrolled in school 28 districts through direct intervention by a jobs for America’s 29 graduates specialist: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 540,000 31 18. COMMUNITY COLLEGES 32 For general state financial aid to merged areas as defined in 33 section 260C.2 in accordance with chapters 258 and 260C: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,412,677 35 -116- LSB 2811HV (1) 84 tm/jp 116/ 518
H.F. 697 Notwithstanding the allocation formula in section 260C.18C, 1 the funds appropriated in this subsection shall be allocated 2 as follows: 3 a. Merged Area I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,695,292 4 b. Merged Area II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,172,028 5 c. Merged Area III . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,524,049 6 d. Merged Area IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,695,569 7 e. Merged Area V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,487,222 8 f. Merged Area VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,197,423 9 g. Merged Area VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,743,219 10 h. Merged Area IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,371,544 11 i. Merged Area X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,601,571 12 j. Merged Area XI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,840,304 13 k. Merged Area XII . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,764,410 14 l. Merged Area XIII . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,042,641 15 m. Merged Area XIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,753,787 16 n. Merged Area XV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,762,668 17 o. Merged Area XVI . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,760,950 18 Sec. 183. DEPARTMENT OF EDUCATION TRANSFERS. There is 19 transferred between the following designated appropriations 20 made to the department of education for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, not more than 22 the following amounts: 23 From the appropriation made for purposes of the student 24 achievement and teacher quality program in 2010 Iowa Acts, 25 chapter 1183, section 6, subsection 18, as follows: 26 1. To the appropriation made for purposes of vocational 27 education administration in 2010 Iowa Acts, chapter 1183, 28 section 6, subsection 2: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110,521 30 2. To the appropriation made for purposes of vocational 31 education to secondary schools in 2010 Iowa Acts, chapter 1183, 32 section 6, subsection 8: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,458 34 3. To the appropriation made for purposes of school food 35 -117- LSB 2811HV (1) 84 tm/jp 117/ 518
H.F. 697 service in 2010 Iowa Acts, chapter 1183, section 6, subsection 1 9: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,739 3 STATE BOARD OF REGENTS 4 Sec. 184. There is appropriated from the general fund of 5 the state to the state board of regents for the fiscal year 6 beginning July 1, 2011, and ending June 30, 2012, the following 7 amounts, or so much thereof as may be necessary, to be used for 8 the purposes designated: 9 1. OFFICE OF STATE BOARD OF REGENTS 10 a. For salaries, support, maintenance, miscellaneous 11 purposes, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,023,664 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 15 The state board of regents shall submit a monthly financial 16 report in a format agreed upon by the state board of regents 17 office and the legislative services agency. 18 b. For moneys to be allocated to the southwest Iowa graduate 19 studies center: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,320 21 c. For moneys to be allocated to the siouxland interstate 22 metropolitan planning council for the tristate graduate center 23 under section 262.9, subsection 22: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 64,963 25 d. For moneys to be allocated to the quad-cities graduate 26 studies center: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 126,585 28 e. For moneys to be distributed to Iowa public radio for 29 public radio operations: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 381,939 31 2. STATE UNIVERSITY OF IOWA 32 a. General university, including lakeside laboratory 33 For salaries, support, maintenance, equipment, miscellaneous 34 purposes, and for not more than the following full-time 35 -118- LSB 2811HV (1) 84 tm/jp 118/ 518
H.F. 697 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $202,530,663 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5,058.55 3 b. Oakdale campus 4 For salaries, support, maintenance, miscellaneous purposes, 5 and for not more than the following full-time equivalent 6 positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,132,789 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.25 9 c. State hygienic laboratory 10 For salaries, support, maintenance, miscellaneous purposes, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,449,746 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 102.50 15 d. Family practice program 16 For allocation by the dean of the college of medicine, with 17 approval of the advisory board, to qualified participants 18 to carry out the provisions of chapter 148D for the family 19 practice program, including salaries and support, and for not 20 more than the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,744,290 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 190.40 23 e. Child health care services 24 For specialized child health care services, including 25 childhood cancer diagnostic and treatment network programs, 26 rural comprehensive care for hemophilia patients, and the 27 Iowa high-risk infant follow-up program, including salaries 28 and support, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 643,239 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 57.97 32 f. Statewide cancer registry 33 For the statewide cancer registry, and for not more than the 34 following full-time equivalent positions: 35 -119- LSB 2811HV (1) 84 tm/jp 119/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,386 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.10 2 g. Substance abuse consortium 3 For moneys to be allocated to the Iowa consortium for 4 substance abuse research and evaluation, and for not more than 5 the following full-time equivalent position: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,164 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 8 h. Center for biocatalysis 9 For the center for biocatalysis, and for not more than the 10 following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 705,931 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.28 13 i. Primary health care initiative 14 For the primary health care initiative in the college 15 of medicine, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 632,972 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.89 19 From the moneys appropriated in this lettered paragraph, 20 $254,889 shall be allocated to the department of family 21 practice at the state university of Iowa college of medicine 22 for family practice faculty and support staff. 23 j. Birth defects registry 24 For the birth defects registry, and for not more than the 25 following full-time equivalent position: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,346 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 28 k. Larned A. Waterman Iowa nonprofit resource center 29 For the Larned A. Waterman Iowa nonprofit resource center, 30 and for not more than the following full-time equivalent 31 positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 158,542 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.75 34 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 35 -120- LSB 2811HV (1) 84 tm/jp 120/ 518
H.F. 697 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $158,698,238 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3,647.42 6 b. Agricultural experiment station 7 For the agricultural experiment station salaries, support, 8 maintenance, miscellaneous purposes, and for not more than the 9 following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,420,590 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 546.98 12 c. Cooperative extension service in agriculture and home 13 economics 14 For the cooperative extension service in agriculture and 15 home economics salaries, support, maintenance, miscellaneous 16 purposes, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,495,648 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 383.34 20 d. Leopold center 21 For agricultural research grants at Iowa state university of 22 science and technology under section 266.39B, and for not more 23 than the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 387,645 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.25 26 e. Livestock disease research 27 For deposit in and the use of the livestock disease research 28 fund under section 267.8: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 168,595 30 4. UNIVERSITY OF NORTHERN IOWA 31 a. General university 32 For salaries, support, maintenance, equipment, miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -121- LSB 2811HV (1) 84 tm/jp 121/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,166,679 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,447.50 2 b. Recycling and reuse center 3 For purposes of the recycling and reuse center, and for not 4 more than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 170,947 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 7 c. Science, technology, engineering, and mathematics (STEM) 8 collaborative initiative 9 For purposes of establishing a science, technology, 10 engineering, and mathematics (STEM) collaborative initiative, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,692,000 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.20 15 (1) From the moneys appropriated in this lettered 16 paragraph, up to $282,000 shall be allocated for salaries, 17 staffing, and institutional support. The remainder of the 18 moneys appropriated in this lettered paragraph shall be 19 expended only to support activities directly related to 20 recruitment of kindergarten through grade 12 mathematics and 21 science teachers and for ongoing mathematics and science 22 programming for students enrolled in kindergarten through grade 23 12. 24 (2) The university of northern Iowa shall work with the 25 community colleges to develop STEM professional development 26 programs for community college instructors and STEM curriculum 27 development. 28 d. Real estate education program 29 For purposes of the real estate education program, and for 30 not more than the following full-time equivalent position: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 122,221 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 33 5. STATE SCHOOL FOR THE DEAF 34 For salaries, support, maintenance, miscellaneous purposes, 35 -122- LSB 2811HV (1) 84 tm/jp 122/ 518
H.F. 697 and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,159,166 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 126.60 4 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 5 For salaries, support, maintenance, miscellaneous purposes, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,622,320 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 62.87 10 7. TUITION AND TRANSPORTATION COSTS 11 For payment to local school boards for the tuition and 12 transportation costs of students residing in the Iowa braille 13 and sight saving school and the state school for the deaf 14 pursuant to section 262.43 and for payment of certain clothing, 15 prescription, and transportation costs for students at these 16 schools pursuant to section 270.5: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,474 18 8. LICENSED CLASSROOM TEACHERS 19 For distribution at the Iowa braille and sight saving school 20 and the Iowa school for the deaf based upon the average yearly 21 enrollment at each school as determined by the state board of 22 regents: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 80,032 24 Sec. 185. ENERGY COST-SAVINGS PROJECTS —— FINANCING. For 25 the fiscal year beginning July 1, 2011, and ending June 30, 26 2012, the state board of regents may use notes, bonds, or 27 other evidences of indebtedness issued under section 262.48 to 28 finance projects that will result in energy cost savings in an 29 amount that will cause the state board to recover the cost of 30 the projects within an average of six years. 31 Sec. 186. PRESCRIPTION DRUG COSTS. Notwithstanding section 32 270.7, the department of administrative services shall pay 33 the state school for the deaf and the Iowa braille and sight 34 saving school the moneys collected from the counties during the 35 -123- LSB 2811HV (1) 84 tm/jp 123/ 518
H.F. 697 fiscal year beginning July 1, 2011, for expenses relating to 1 prescription drug costs for students attending the state school 2 for the deaf and the Iowa braille and sight saving school. 3 Sec. 187. Section 256C.5, subsection 1, paragraph c, Code 4 2011, is amended to read as follows: 5 c. “Preschool budget enrollment” means the figure that is 6 equal to sixty thirty percent of the actual enrollment of 7 eligible students in the preschool programming provided by 8 a school district approved to participate in the preschool 9 program on October 1 of the base year, or the first Monday in 10 October if October 1 falls on a Saturday or Sunday. 11 Sec. 188. Section 256C.5, subsection 4, Code 2011, is 12 amended to read as follows: 13 4. Administration and oversight. 14 a. Except as otherwise provided by law for a fiscal year, 15 of the amount appropriated for that fiscal year for payment 16 of preschool foundation aid statewide, the department may use 17 an amount sufficient to fund up to three full-time equivalent 18 positions which shall be in addition to the number of positions 19 authorized for the fiscal year, as necessary to provide 20 administration and oversight of the preschool program. 21 b. Of the amount of preschool foundation aid received by a 22 school district for a fiscal year, not more than five percent 23 shall be used by the school district for administering the 24 district’s approved local program. 25 Sec. 189. Section 256I.9, subsection 3, paragraph b, Code 26 2011, is amended to read as follows: 27 b. Family support services and parent education programs 28 promoted to parents of children from zero through age five. 29 Family support services shall include but are not limited 30 to home visitation. Of the state funding from all sources 31 that an area board designates for family support programs, at 32 least sixty percent shall be committed to programs with a home 33 visitation component. 34 Sec. 190. Section 261.19, Code 2011, is amended to read as 35 -124- LSB 2811HV (1) 84 tm/jp 124/ 518
H.F. 697 follows: 1 261.19 Osteopathic physician Health care professional 2 recruitment program. 3 1. A physician health care professional recruitment program 4 is established , to be administered by the college student aid 5 commission , for Des Moines university —— osteopathic medical 6 center . The program shall consist of a forgivable loan program 7 and a tuition scholarship program for students and a loan 8 repayment program for physicians health care professionals . 9 The commission shall regularly adjust the physician service 10 requirement under each aspect of the program to provide, to the 11 extent possible, an equal financial benefit for each period of 12 service required. 13 2. a. Notwithstanding the administration provisions of 14 subsection 1 , the forgivable loan program established pursuant 15 to subsection 1 shall be administered by the commission in 16 conjunction with Des Moines university —— osteopathic medical 17 center. Des Moines university —— osteopathic medical center 18 shall match on an equal basis state aid appropriated for 19 purposes of the forgivable loan program. 20 b. Des Moines university —— osteopathic medical center 21 shall provide recommendations to the commission for students 22 who meet the eligibility requirements of the forgivable loan 23 program. A forgivable loan may be awarded to a resident of 24 Iowa who is enrolled at Des Moines university —— osteopathic 25 medical center if the student agrees to practice in this state 26 for a period of time to be determined by the commission at 27 the time the loan is awarded. Forgivable loans to eligible 28 students shall not become due until after the student completes 29 a residency program. Interest on the loans shall begin to 30 accrue the day following the student’s graduation date. If 31 the student completes the period of practice established by 32 the commission and agreed to by the student, the loan amount 33 shall be forgiven. The loan amount shall not be forgiven if 34 the osteopathic physician fails to complete the required time 35 -125- LSB 2811HV (1) 84 tm/jp 125/ 518
H.F. 697 period of practice in this state or fails to satisfactorily 1 continue in the university’s program of medical education. 2 3. A student enrolled at Des Moines university —— 3 osteopathic medical center shall be eligible for a tuition 4 scholarship for the student’s study at the university. The 5 scholarship shall be for an amount not to exceed the annual 6 tuition at the university. A student who receives a tuition 7 scholarship shall not be eligible for the loan repayment 8 program provided for by this section . A student who receives 9 a tuition scholarship shall agree to practice in an eligible 10 rural community in this state for a period of time to be 11 determined by the commission at the time the scholarship is 12 awarded. The student shall repay the scholarship to the 13 commission if the student fails to practice in a medically 14 underserved rural community in this state for the required 15 period of time. 16 4. 2. A physician health care professional shall be 17 eligible for the physician loan repayment program if the 18 physician health care professional agrees to practice in 19 an eligible rural community in this state. Des Moines 20 university —— osteopathic medical center shall recruit and 21 place physicians health care professionals in rural communities 22 which have agreed to provide additional funds for the 23 physician’s recipient’s loan repayment. The contract for the 24 loan repayment shall stipulate the time period the physician 25 recipient shall practice in an eligible rural community in this 26 state. In addition, the contract shall stipulate that the 27 physician recipient repay any funds paid on the physician’s 28 recipient’s loan by the commission if the physician recipient 29 fails to practice in an eligible rural community in this state 30 for the required period of time. 31 3. A health care professional recruitment revolving fund 32 is created in the state treasury as a separate fund under 33 the control of the commission. The commission shall deposit 34 payments made by health care professional recruitment program 35 -126- LSB 2811HV (1) 84 tm/jp 126/ 518
H.F. 697 recipients and the proceeds from the sale of osteopathic loans 1 awarded pursuant to section 261.19, subsection 2, paragraph 2 “b” , Code 2011, into the health care professional recruitment 3 revolving fund. Moneys credited to the fund shall be used to 4 supplement moneys appropriated for the health care professional 5 recruitment program, for loan repayment in accordance with this 6 section, and to pay for loan or interest repayment defaults by 7 program recipients. Notwithstanding section 8.33, any balance 8 in the fund on June 30 of any fiscal year shall not revert to 9 the general fund of the state. 10 4. For purposes of this subsection , “eligible section: 11 a. “Eligible rural community” means a medically underserved 12 rural community which agrees to match state funds provided 13 on at least a dollar-for-dollar basis for the loan repayment 14 of a physician health care professional who practices in the 15 community. 16 b. “Health care professional” means a physician, physician 17 assistant, podiatrist, or physical therapist. 18 5. The commission shall adopt rules pursuant to chapter 17A 19 to administer this section . 20 Sec. 191. Section 261.25, subsection 2, Code 2011, is 21 amended to read as follows: 22 2. There is appropriated from the general fund of the state 23 to the commission for each fiscal year the sum of four million 24 six two hundred fifty thousand four hundred eighty-seven 25 dollars for tuition grants for students attending for-profit 26 accredited private institutions located in Iowa. A for-profit 27 institution which, effective March 9, 2005, or effective 28 January 8, 2010, purchased an accredited private institution 29 that was exempt from taxation under section 501(c) of the 30 Internal Revenue Code, shall be an eligible institution under 31 the tuition grant program. For purposes of the tuition grant 32 program, “for-profit accredited private institution” means 33 an accredited private institution which is not exempt from 34 taxation under section 501(c)(3) of the Internal Revenue Code 35 -127- LSB 2811HV (1) 84 tm/jp 127/ 518
H.F. 697 but which otherwise meets the requirements of section 261.9, 1 subsection 1 , paragraph “b” , and whose students were eligible 2 to receive tuition grants in the fiscal year beginning July 1, 3 2003. 4 Sec. 192. Section 284.13, subsection 1, paragraphs a 5 through c, Code 2011, are amended to read as follows: 6 a. For the fiscal year beginning July 1, 2010 2011 , and 7 ending June 30, 2011 succeeding fiscal years , to the department 8 of education, the amount of nine six hundred sixty-four 9 eighty-five thousand dollars for the issuance of national 10 board certification awards in accordance with section 256.44 . 11 Of the amount allocated under this paragraph, not less than 12 seventy-six eighty-five thousand five hundred dollars shall 13 be used to administer the ambassador to education position in 14 accordance with section 256.45 . 15 b. For the fiscal year beginning July 1, 2010 2011 , and 16 succeeding fiscal years, an amount up to four three million 17 one two hundred seven thousand two hundred forty dollars 18 for first-year and second-year beginning teachers, to the 19 department of education for distribution to school districts 20 and area education agencies for purposes of the beginning 21 teacher mentoring and induction programs. A school district or 22 area education agency shall receive one thousand three hundred 23 dollars per beginning teacher participating in the program. 24 If the funds appropriated for the program are insufficient to 25 pay mentors, school districts, and area education agencies 26 as provided in this paragraph, the department shall prorate 27 the amount distributed to school districts and area education 28 agencies based upon the amount appropriated. Moneys received 29 by a school district or area education agency pursuant to 30 this paragraph shall be expended to provide each mentor with 31 an award of five hundred dollars per semester, at a minimum, 32 for participation in the school district’s or area education 33 agency’s beginning teacher mentoring and induction program; 34 to implement the plan; and to pay any applicable costs of the 35 -128- LSB 2811HV (1) 84 tm/jp 128/ 518
H.F. 697 employer’s share of contributions to federal social security 1 and the Iowa public employees’ retirement system or a pension 2 and annuity retirement system established under chapter 294 , 3 for such amounts paid by the district or area education agency. 4 c. For the fiscal year beginning July 1, 2010 2011 , and 5 ending June 30, 2011 succeeding fiscal years , up to six hundred 6 thirteen thousand eight hundred seventy-eight dollars to the 7 department for purposes of implementing the professional 8 development program requirements of section 284.6 , assistance 9 in developing model evidence for teacher quality committees 10 established pursuant to section 284.4, subsection 1 , paragraph 11 “c” , and the evaluator training program in section 284.10 . 12 A portion of the funds allocated to the department for 13 purposes of this paragraph may be used by the department for 14 administrative purposes and for not more than four full-time 15 equivalent positions. 16 Sec. 193. Section 284.13, subsection 1, paragraph d, Code 17 2011, is amended by striking the paragraph. 18 Sec. 194. Section 299A.2, Code 2011, is amended to read as 19 follows: 20 299A.2 Competent private instruction by licensed 21 practitioner. 22 If a licensed practitioner provides competent instruction 23 to a school-age child of compulsory attendance age , the 24 practitioner shall possess a valid license or certificate which 25 has been issued by the state board of educational examiners 26 under chapter 272 and which is appropriate to the ages and 27 grade levels of the children to be taught. Competent private 28 instruction may include , but is not limited to , a home school 29 assistance program which provides instruction or instructional 30 supervision offered through an accredited nonpublic school or 31 public school district by a teacher, who is employed by the 32 accredited nonpublic school or public school district, who 33 assists and supervises a parent, guardian, or legal custodian 34 in providing instruction to a child. If competent private 35 -129- LSB 2811HV (1) 84 tm/jp 129/ 518
H.F. 697 instruction is provided through a public school district, the 1 child shall be enrolled and included in the basic enrollment 2 of the school district as provided in section 257.6 . Sections 3 299A.3 through 299A.7 do not apply to competent private 4 instruction provided by a licensed practitioner under this 5 section . However, the reporting requirement contained in 6 section 299A.3, subsection 1 , shall apply to competent private 7 instruction provided by licensed practitioners that is not 8 part of a home school assistance program offered through an 9 accredited nonpublic school or public school district. 10 Sec. 195. Section 299A.8, Code 2011, is amended to read as 11 follows: 12 299A.8 Dual enrollment. 13 If a parent, guardian, or legal custodian of a school-age 14 child who is receiving competent private instruction under 15 this chapter or a child over compulsory age who is receiving 16 private instruction submits a request, the child shall also be 17 registered in a public school for dual enrollment purposes. 18 If the child is enrolled in a public school district for 19 dual enrollment purposes, the child shall be permitted to 20 participate in any academic activities in the district and 21 shall also be permitted to participate on the same basis as 22 public school children in any extracurricular activities 23 available to children in the child’s grade or group, and the 24 parent, guardian, or legal custodian shall not be required to 25 pay the costs of any annual evaluation under this chapter . If 26 the child is enrolled for dual enrollment purposes, the child 27 shall be included in the public school’s basic enrollment 28 under section 257.6 . A pupil who is participating only in 29 extracurricular activities shall be counted under section 30 257.6, subsection 1 , paragraph “a” , subparagraph (6). A pupil 31 enrolled in grades nine through twelve under this section shall 32 be counted in the same manner as a shared-time pupil under 33 section 257.6, subsection 1 , paragraph “a” , subparagraph (3). 34 Sec. 196. Section 299A.12, subsection 1, Code 2011, is 35 -130- LSB 2811HV (1) 84 tm/jp 130/ 518
H.F. 697 amended to read as follows: 1 1. The board of directors of a school district may shall 2 expend moneys received pursuant to section 257.6, subsection 3 1 , paragraph “a” , subparagraph (5), for purposes of providing a 4 home school assistance program. 5 Sec. 197. Section 299A.12, subsection 2, paragraphs a and b, 6 Code 2011, are amended to read as follows: 7 a. Assisting Instruction for students and assisting parents 8 with instruction. 9 b. Student Support services for students and teaching-parent 10 support services teaching parents and staff support services. 11 Sec. 198. Section 299A.12, subsection 2, paragraph g, 12 unnumbered paragraph 1, Code 2011, is amended to read as 13 follows: 14 Resources, materials, computer software and hardware, and 15 supplies, and purchased services that meet the following 16 criteria: 17 Sec. 199. Section 299A.12, subsection 3, paragraphs b, c, e, 18 and f, Code 2011, are amended to read as follows: 19 b. Operational or maintenance costs in addition to the cost 20 of maintaining school district facilities other than those 21 necessary to operate and maintain the program . 22 c. Capital expenditures other than equipment or facility 23 acquisition, including the lease or rental of space to 24 supplement existing schoolhouse facilities . 25 e. Administrative costs other than the costs necessary to 26 administer the program . 27 f. Concurrent and dual enrollment program costs and 28 postsecondary enrollment options program costs. 29 Sec. 200. REPEAL. Section 261.19B, Code 2011, is repealed. 30 Sec. 201. EFFECTIVE UPON ENACTMENT. The section of this 31 division of this Act transferring moneys appropriated pursuant 32 to 2010 Iowa Acts, chapter 1183, section 6, subsection 18, 33 being deemed of immediate importance, takes effect upon 34 enactment and, if approved by the governor on or after July 1, 35 -131- LSB 2811HV (1) 84 tm/jp 131/ 518
H.F. 697 2011, shall apply retroactively to June 30, 2011. 1 Sec. 202. APPLICABILITY. The section of this division of 2 this Act amending section 256C.5, subsection 1, takes effect 3 upon enactment, and applies to budget years beginning on or 4 after July 1, 2011. 5 Sec. 203. RETROACTIVE APPLICABILITY. The sections of this 6 division of this Act amending sections 299A.2 and 299A.8 apply 7 retroactively to the base year beginning July 1, 2009. 8 DIVISION XX 9 EDUCATION 10 FY 2012-2013 11 DEPARTMENT FOR THE BLIND 12 Sec. 204. ADMINISTRATION. There is appropriated from the 13 general fund of the state to the department for the blind for 14 the fiscal year beginning July 1, 2012, and ending June 30, 15 2013, the following amount, or so much thereof as is necessary, 16 to be used for the purposes designated: 17 For salaries, support, maintenance, miscellaneous purposes, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,450,145 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 88.00 22 COLLEGE STUDENT AID COMMISSION 23 Sec. 205. There is appropriated from the general fund of the 24 state to the college student aid commission for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the following 26 amounts, or so much thereof as may be necessary, to be used for 27 the purposes designated: 28 1. GENERAL ADMINISTRATION 29 For salaries, support, maintenance, miscellaneous purposes, 30 and for not more than the following full-time equivalent 31 positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 199,668 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.95 34 2. STUDENT AID PROGRAMS 35 -132- LSB 2811HV (1) 84 tm/jp 132/ 518
H.F. 697 For payments to students for the Iowa grant program 1 established in section 261.93: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 721,447 3 3. DES MOINES UNIVERSITY —— HEALTH CARE PROFESSIONAL 4 RECRUITMENT PROGRAM 5 For forgivable loans to Iowa students attending Des Moines 6 university —— osteopathic medical center under the forgivable 7 loan program pursuant to section 261.19: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 297,244 9 4. NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM 10 For purposes of providing national guard educational 11 assistance under the program established in section 261.86: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,558,298 13 5. TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM 14 For the teacher shortage loan forgiveness program 15 established in section 261.112: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,500 17 6. ALL IOWA OPPORTUNITY FOSTER CARE GRANT PROGRAM 18 For purposes of the all Iowa opportunity foster care grant 19 program established pursuant to section 261.6: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 505,226 21 7. ALL IOWA OPPORTUNITY SCHOLARSHIP PROGRAM 22 a. For purposes of the all Iowa opportunity scholarship 23 program established pursuant to section 261.87: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,043,357 25 b. If the moneys appropriated by the general assembly to the 26 college student aid commission for fiscal year 2012-2013 for 27 purposes of the all Iowa opportunity scholarship program exceed 28 $500,000, “eligible institution” as defined in section 261.87, 29 shall, during fiscal year 2012-2013, include accredited private 30 institutions as defined in section 261.9, subsection 1. 31 8. REGISTERED NURSE AND NURSE EDUCATOR LOAN FORGIVENESS 32 PROGRAM 33 a. For purposes of the registered nurse and nurse educator 34 loan forgiveness program established pursuant to section 35 -133- LSB 2811HV (1) 84 tm/jp 133/ 518
H.F. 697 261.23: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,726 2 b. It is the intent of the general assembly that the 3 commission continue to consider moneys allocated pursuant to 4 this subsection as moneys that meet the state matching funds 5 requirements of the federal leveraging educational assistance 6 program and the federal supplemental leveraging educational 7 assistance program established under the Higher Education Act 8 of 1965, as amended. 9 9. BARBER AND COSMETOLOGY ARTS AND SCIENCES TUITION GRANT 10 PROGRAM 11 For purposes of the barber and cosmetology arts and sciences 12 tuition grant program established pursuant to section 261.18: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,682 14 Sec. 206. IOWA TUITION AND VOCATIONAL-TECHNICAL TUITION 15 GRANT APPROPRIATIONS FOR FY 2012-2013. Notwithstanding the 16 standing appropriations in the following designated sections 17 for the fiscal year beginning July 1, 2012, and ending June 30, 18 2013, the amounts appropriated from the general fund of the 19 state to the college student aid commission pursuant to these 20 sections for the following designated purposes shall not exceed 21 the following amounts: 22 1. For Iowa tuition grants under section 261.25, subsection 23 1: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,411,431 25 2. For tuition grants for students attending for-profit 26 accredited private institutions located in Iowa under section 27 261.25, subsection 2: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,570,000 29 3. For vocational-technical tuition grants under section 30 261.25, subsection 3: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,051,865 32 Sec. 207. CHIROPRACTIC LOAN FUNDS. Notwithstanding 33 section 261.72, the moneys deposited in the chiropractic loan 34 revolving fund created pursuant to section 261.72 may be used 35 -134- LSB 2811HV (1) 84 tm/jp 134/ 518
H.F. 697 for purposes of the chiropractic loan forgiveness program 1 established in section 261.73. 2 Sec. 208. WORK-STUDY APPROPRIATION FOR FY 3 2012-2013. Notwithstanding section 261.85, for the fiscal year 4 beginning July 1, 2012, and ending June 30, 2013, the amount 5 appropriated from the general fund of the state to the college 6 student aid commission for the work-study program under section 7 261.85 shall be zero. 8 DEPARTMENT OF EDUCATION 9 Sec. 209. There is appropriated from the general fund of 10 the state to the department of education for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the following 12 amounts, or so much thereof as may be necessary, to be used for 13 the purposes designated: 14 1. GENERAL ADMINISTRATION 15 For salaries, support, maintenance, miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,116,186 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 81.67 20 2. VOCATIONAL EDUCATION ADMINISTRATION 21 For salaries, support, maintenance, miscellaneous purposes, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 358,971 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.50 26 3. VOCATIONAL REHABILITATION SERVICES DIVISION 27 a. For salaries, support, maintenance, miscellaneous 28 purposes, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,805,771 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 255.00 32 b. For matching funds for programs to enable persons 33 with severe physical or mental disabilities to function more 34 independently, including salaries and support, and for not more 35 -135- LSB 2811HV (1) 84 tm/jp 135/ 518
H.F. 697 than the following full-time equivalent position: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,538 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 3 c. For the entrepreneurs with disabilities program 4 established pursuant to section 259.4, subsection 9: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 124,746 6 d. For costs associated with centers for independent 7 living: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,538 9 4. STATE LIBRARY 10 a. For salaries, support, maintenance, miscellaneous 11 purposes, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,036,829 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 15 b. For the enrich Iowa program established under section 16 256.57: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,435,069 18 5. LIBRARY SERVICE AREA SYSTEM 19 For state aid: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 794,679 21 6. PUBLIC BROADCASTING DIVISION 22 For salaries, support, maintenance, capital expenditures, 23 miscellaneous purposes, and for not more than the following 24 full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,553,514 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 82.00 27 7. REGIONAL TELECOMMUNICATIONS COUNCILS 28 For state aid: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 851,079 30 The regional telecommunications councils established 31 in section 8D.5 shall use the moneys appropriated in this 32 subsection to provide technical assistance for network 33 classrooms, planning and troubleshooting for local area 34 networks, scheduling of video sites, and other related support 35 -136- LSB 2811HV (1) 84 tm/jp 136/ 518
H.F. 697 activities. 1 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 2 For reimbursement for vocational education expenditures made 3 by secondary schools: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,069,949 5 Moneys appropriated in this subsection shall be used 6 to reimburse school districts for vocational education 7 expenditures made by secondary schools to meet the standards 8 set in sections 256.11, 258.4, and 260C.14. 9 9. SCHOOL FOOD SERVICE 10 For use as state matching funds for federal programs that 11 shall be disbursed according to federal regulations, including 12 salaries, support, maintenance, miscellaneous purposes, and for 13 not more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,694,726 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 20.58 16 10. EARLY CHILDHOOD IOWA FUND —— GENERAL AID 17 For deposit in the school ready children grants account of 18 the early childhood Iowa fund created in section 256I.11: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,578,196 20 a. From the moneys deposited in the school ready children 21 grants account for the fiscal year beginning July 1, 2012, and 22 ending June 30, 2013, not more than $265,950 is allocated for 23 the early childhood Iowa office and other technical assistance 24 activities. The early childhood Iowa state board shall direct 25 staff to work with the early childhood stakeholders alliance 26 created in section 256I.12 to inventory technical assistance 27 needs. Moneys allocated under this lettered paragraph may be 28 used by the early childhood Iowa state board for the purpose of 29 skills development and support for ongoing training of staff. 30 However, except as otherwise provided in this subsection, 31 moneys shall not be used for additional staff or for the 32 reimbursement of staff. 33 b. As a condition of receiving moneys appropriated in 34 this subsection, each early childhood Iowa area board shall 35 -137- LSB 2811HV (1) 84 tm/jp 137/ 518
H.F. 697 report to the early childhood Iowa state board progress on 1 each of the local indicators approved by the area board. Each 2 early childhood Iowa area board must also submit an annual 3 budget for the area’s comprehensive school ready children 4 grant developed for providing services for children from birth 5 through five years of age, and provide other information 6 specified by the early childhood Iowa state board, including 7 budget amendments as needed. The early childhood Iowa state 8 board shall establish a submission deadline for the annual 9 budget and any budget amendments that allow a reasonable period 10 of time for preparation by the early childhood Iowa area boards 11 and for review and approval or request for modification of 12 the materials by the early childhood Iowa state board. In 13 addition, each early childhood Iowa area board must continue to 14 comply with reporting provisions and other requirements adopted 15 by the early childhood Iowa state board in implementing section 16 256I.9. 17 c. Of the amount appropriated in this subsection for 18 deposit in the school ready children grants account of the 19 early childhood Iowa fund, $2,318,018 shall be used for efforts 20 to improve the quality of early care, health, and education 21 programs. Moneys allocated pursuant to this paragraph may be 22 used for additional staff and for the reimbursement of staff. 23 The early childhood Iowa state board may reserve a portion 24 of the allocation, not to exceed $88,650, for the technical 25 assistance expenses of the early childhood Iowa state office, 26 including the reimbursement of staff, and shall distribute 27 the remainder to early childhood Iowa areas for local quality 28 improvement efforts through a methodology identified by the 29 early childhood Iowa state board to make the most productive 30 use of the funding, which may include use of the distribution 31 formula, grants, or other means. 32 d. Of the amount appropriated in this subsection for 33 deposit in the school ready children grants account of 34 the early childhood Iowa fund, $825,030 shall be used for 35 -138- LSB 2811HV (1) 84 tm/jp 138/ 518
H.F. 697 support of professional development and training activities 1 for persons working in early care, health, and education by 2 the early childhood Iowa state board in collaboration with 3 the professional development component group of the early 4 childhood Iowa stakeholders alliance maintained pursuant to 5 section 256I.12, subsection 7, paragraph “b”, and the early 6 childhood Iowa area boards. Expenditures shall be limited to 7 professional development and training activities agreed upon by 8 the parties participating in the collaboration. 9 11. EARLY CHILDHOOD IOWA FUND —— PRESCHOOL TUITION 10 ASSISTANCE 11 a. For deposit in the school ready children grants account 12 of the early childhood Iowa fund created in section 256I.11: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,659,545 14 b. The amount appropriated in this subsection shall be 15 used for early care, health, and education programs to assist 16 low-income parents with tuition for preschool and other 17 supportive services for children ages three, four, and five 18 who are not attending kindergarten in order to increase the 19 basic family income eligibility requirement to not more than 20 200 percent of the federal poverty level. In addition, if 21 sufficient funding is available after addressing the needs of 22 those who meet the basic income eligibility requirement, an 23 early childhood Iowa area board may provide for eligibility 24 for those with a family income in excess of the basic income 25 eligibility requirement through use of a sliding scale or other 26 copayment provisions. 27 12. EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT 28 EDUCATION 29 a. For deposit in the school ready children grants account 30 of the early childhood Iowa fund created in section 256I.11: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,509,769 32 b. The amount appropriated in this subsection shall be 33 used for family support services and parent education programs 34 targeted to families expecting a child or with newborn and 35 -139- LSB 2811HV (1) 84 tm/jp 139/ 518
H.F. 697 infant children through age five and shall be distributed using 1 the distribution formula approved by the early childhood Iowa 2 state board and shall be used by an early childhood Iowa area 3 board only for family support services and parent education 4 programs targeted to families expecting a child or with newborn 5 and infant children through age five. 6 13. BIRTH TO AGE THREE SERVICES 7 For expansion of the federal Individuals with Disabilities 8 Education Improvement Act of 2004, Pub. L. No. 108-446, as 9 amended to January 1, 2012, birth through age three services 10 due to increased numbers of children qualifying for those 11 services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,375,399 13 From the moneys appropriated in this subsection, $383,769 14 shall be allocated to the child health specialty clinic at the 15 state university of Iowa to provide additional support for 16 infants and toddlers who are born prematurely, drug-exposed, or 17 medically fragile. 18 14. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 19 To provide moneys for costs of providing textbooks to each 20 resident pupil who attends a nonpublic school as authorized by 21 section 301.1: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 510,839 23 Funding under this subsection is limited to $20 per pupil and 24 shall not exceed the comparable services offered to resident 25 public school pupils. 26 15. BEGINNING ADMINISTRATOR MENTORING AND INDUCTION PROGRAM 27 For purposes of administering the beginning administrator 28 mentoring and induction program established pursuant to chapter 29 284A: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 155,931 31 16. STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM 32 For purposes of the student achievement and teacher quality 33 program established pursuant to chapter 284, and for not more 34 than the following full-time equivalent positions: 35 -140- LSB 2811HV (1) 84 tm/jp 140/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,824,046 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 2 17. JOBS FOR AMERICA’S GRADUATES 3 For school districts to provide direct services to the 4 most at-risk senior high school students enrolled in school 5 districts through direct intervention by a jobs for America’s 6 graduates specialist: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 459,000 8 18. COMMUNITY COLLEGES 9 For general state financial aid to merged areas as defined in 10 section 260C.2 in accordance with chapters 258 and 260C: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,250,775 12 The funds appropriated in this subsection shall be allocated 13 pursuant to the formula established in section 206C.18C. 14 STATE BOARD OF REGENTS 15 Sec. 210. There is appropriated from the general fund of 16 the state to the state board of regents for the fiscal year 17 beginning July 1, 2012, and ending June 30, 2013, the following 18 amounts, or so much thereof as may be necessary, to be used for 19 the purposes designated: 20 1. OFFICE OF STATE BOARD OF REGENTS 21 a. For salaries, support, maintenance, miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 870,114 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 26 The state board of regents shall submit a monthly financial 27 report in a format agreed upon by the state board of regents 28 office and the legislative services agency. 29 b. For moneys to be allocated to the southwest Iowa graduate 30 studies center: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,522 32 c. For moneys to be allocated to the siouxland interstate 33 metropolitan planning council for the tristate graduate center 34 under section 262.9, subsection 22: 35 -141- LSB 2811HV (1) 84 tm/jp 141/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,219 1 d. For moneys to be allocated to the quad-cities graduate 2 studies center: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 107,597 4 e. For moneys to be distributed to Iowa public radio for 5 public radio operations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 324,648 7 2. STATE UNIVERSITY OF IOWA 8 a. General university, including lakeside laboratory 9 For salaries, support, maintenance, equipment, miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $172,151,064 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5,058.55 14 b. Oakdale campus 15 For salaries, support, maintenance, miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,812,871 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.25 20 c. State hygienic laboratory 21 For salaries, support, maintenance, miscellaneous purposes, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,932,284 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 102.50 26 d. Family practice program 27 For allocation by the dean of the college of medicine, with 28 approval of the advisory board, to qualified participants 29 to carry out the provisions of chapter 148D for the family 30 practice program, including salaries and support, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,482,647 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 190.40 34 e. Child health care services 35 -142- LSB 2811HV (1) 84 tm/jp 142/ 518
H.F. 697 For specialized child health care services, including 1 childhood cancer diagnostic and treatment network programs, 2 rural comprehensive care for hemophilia patients, and the 3 Iowa high-risk infant follow-up program, including salaries 4 and support, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 546,753 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 57.97 8 f. Statewide cancer registry 9 For the statewide cancer registry, and for not more than the 10 following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 123,578 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.10 13 g. Substance abuse consortium 14 For moneys to be allocated to the Iowa consortium for 15 substance abuse research and evaluation, and for not more than 16 the following full-time equivalent position: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,039 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 19 h. Center for biocatalysis 20 For the center for biocatalysis, and for not more than the 21 following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,041 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.28 24 i. Primary health care initiative 25 For the primary health care initiative in the college 26 of medicine, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 538,026 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.89 30 From the moneys appropriated in this lettered paragraph, 31 $254,889 shall be allocated to the department of family 32 practice at the state university of Iowa college of medicine 33 for family practice faculty and support staff. 34 j. Birth defects registry 35 -143- LSB 2811HV (1) 84 tm/jp 143/ 518
H.F. 697 For the birth defects registry, and for not more than the 1 following full-time equivalent position: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,744 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 4 k. Larned A. Waterman Iowa nonprofit resource center 5 For the Larned A. Waterman Iowa nonprofit resource center, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 134,761 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.75 10 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 11 a. General university 12 For salaries, support, maintenance, equipment, miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $134,893,502 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3,647.42 17 b. Agricultural experiment station 18 For the agricultural experiment station salaries, support, 19 maintenance, miscellaneous purposes, and for not more than the 20 following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,307,502 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 546.98 23 c. Cooperative extension service in agriculture and home 24 economics 25 For the cooperative extension service in agriculture and 26 home economics salaries, support, maintenance, miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,871,301 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 383.34 31 d. Leopold center 32 For agricultural research grants at Iowa state university of 33 science and technology under section 266.39B, and for not more 34 than the following full-time equivalent positions: 35 -144- LSB 2811HV (1) 84 tm/jp 144/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 329,498 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.25 2 e. Livestock disease research 3 For deposit in and the use of the livestock disease research 4 fund under section 267.8: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,306 6 4. UNIVERSITY OF NORTHERN IOWA 7 a. General university 8 For salaries, support, maintenance, equipment, miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,341,677 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,447.50 13 b. Recycling and reuse center 14 For purposes of the recycling and reuse center, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,305 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 18 c. Science, technology, engineering, and mathematics (STEM) 19 collaborative initiative 20 For purposes of establishing a science, technology, 21 engineering, and mathematics (STEM) collaborative initiative, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,438,200 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.20 26 (1) From the moneys appropriated in this lettered 27 paragraph, up to $282,000 shall be allocated for salaries, 28 staffing, and institutional support. The remainder of the 29 moneys appropriated in this lettered paragraph shall be 30 expended only to support activities directly related to 31 recruitment of kindergarten through grade 12 mathematics and 32 science teachers and for ongoing mathematics and science 33 programming for students enrolled in kindergarten through grade 34 12. 35 -145- LSB 2811HV (1) 84 tm/jp 145/ 518
H.F. 697 (2) The university of northern Iowa shall work with the 1 community colleges to develop STEM professional development 2 programs for community college instructors and STEM curriculum 3 development. 4 d. Real estate education program 5 For purposes of the real estate education program, and for 6 not more than the following full-time equivalent position: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 103,888 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 9 5. STATE SCHOOL FOR THE DEAF 10 For salaries, support, maintenance, miscellaneous purposes, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,291 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 126.60 15 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 16 For salaries, support, maintenance, miscellaneous purposes, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,078,972 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 62.87 21 7. TUITION AND TRANSPORTATION COSTS 22 For payment to local school boards for the tuition and 23 transportation costs of students residing in the Iowa braille 24 and sight saving school and the state school for the deaf 25 pursuant to section 262.43 and for payment of certain clothing, 26 prescription, and transportation costs for students at these 27 schools pursuant to section 270.5: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,753 29 8. LICENSED CLASSROOM TEACHERS 30 For distribution at the Iowa braille and sight saving school 31 and the Iowa school for the deaf based upon the average yearly 32 enrollment at each school as determined by the state board of 33 regents: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,027 35 -146- LSB 2811HV (1) 84 tm/jp 146/ 518
H.F. 697 Sec. 211. ENERGY COST-SAVINGS PROJECTS —— FINANCING. For 1 the fiscal year beginning July 1, 2012, and ending June 30, 2 2013, the state board of regents may use notes, bonds, or 3 other evidences of indebtedness issued under section 262.48 to 4 finance projects that will result in energy cost savings in an 5 amount that will cause the state board to recover the cost of 6 the projects within an average of six years. 7 Sec. 212. PRESCRIPTION DRUG COSTS. Notwithstanding section 8 270.7, the department of administrative services shall pay 9 the state school for the deaf and the Iowa braille and sight 10 saving school the moneys collected from the counties during the 11 fiscal year beginning July 1, 2012, for expenses relating to 12 prescription drug costs for students attending the state school 13 for the deaf and the Iowa braille and sight saving school. 14 DIVISION XXI 15 EDUCATION —— MIDWESTERN HIGHER EDUCATION COMPACT 16 FY 2010-2011, FY 2011-2012, AND FY 2012-2013 17 Sec. 213. There is appropriated from the general fund of 18 the state to the state board of regents for the following 19 fiscal years, the following amounts, or so much thereof as is 20 necessary, to be used for the purposes designated: 21 To be distributed to the midwestern higher education compact 22 to pay Iowa’s member state annual obligation: 23 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,000 24 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 25 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 26 Sec. 214. REPEAL. Section 261D.4, Code 2011, is repealed. 27 Sec. 215. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 28 APPLICABILITY. This division of this Act, being deemed of 29 immediate importance, takes effect upon enactment, and if 30 approved by the governor on or after July 1, 2011, shall apply 31 retroactively to June 30, 2011. 32 DIVISION XXII 33 HEALTH AND HUMAN SERVICES 34 DEPARTMENT ON AGING —— FY 2011-2012 35 -147- LSB 2811HV (1) 84 tm/jp 147/ 518
H.F. 697 Sec. 216. DEPARTMENT ON AGING. There is appropriated from 1 the general fund of the state to the department on aging for 2 the fiscal year beginning July 1, 2011, and ending June 30, 3 2012, the following amount, or so much thereof as is necessary, 4 to be used for the purposes designated: 5 For aging programs for the department on aging and area 6 agencies on aging to provide citizens of Iowa who are 60 years 7 of age and older with case management for frail elders, Iowa’s 8 aging and disabilities resource center, and other services 9 which may include but are not limited to adult day services, 10 respite care, chore services, information and assistance, 11 and material aid, for information and options counseling for 12 persons with disabilities who are 18 years of age or older, 13 and for salaries, support, administration, maintenance, and 14 miscellaneous purposes, and for not more than the following 15 full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,302,577 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 18 1. Funds appropriated in this section may be used to 19 supplement federal funds under federal regulations. To 20 receive funds appropriated in this section, a local area 21 agency on aging shall match the funds with moneys from other 22 sources according to rules adopted by the department. Funds 23 appropriated in this section may be used for elderly services 24 not specifically enumerated in this section only if approved 25 by an area agency on aging for provision of the service within 26 the area. 27 2. The amount appropriated in this section includes 28 additional funding of $450,000 for delivery of long-term care 29 services to older individuals with low or moderate incomes. 30 3. Of the funds appropriated in this section, $179,946 shall 31 be transferred to the department of economic development for 32 the Iowa commission on volunteer services to be used for the 33 retired and senior volunteer program. 34 4. a. The department on aging shall establish and enforce 35 -148- LSB 2811HV (1) 84 tm/jp 148/ 518
H.F. 697 procedures relating to expenditure of state and federal funds 1 by area agencies on aging that require compliance with both 2 state and federal laws, rules, and regulations, including but 3 not limited to all of the following: 4 (1) Requiring that expenditures are incurred only for goods 5 or services received or performed prior to the end of the 6 fiscal period designated for use of the funds. 7 (2) Prohibiting prepayment for goods or services not 8 received or performed prior to the end of the fiscal period 9 designated for use of the funds. 10 (3) Prohibiting the prepayment for goods or services 11 not defined specifically by good or service, time period, or 12 recipient. 13 (4) Prohibiting the establishment of accounts from which 14 future goods or services which are not defined specifically by 15 good or service, time period, or recipient, may be purchased. 16 b. The procedures shall provide that if any funds are 17 expended in a manner that is not in compliance with the 18 procedures and applicable federal and state laws, rules, and 19 regulations, and are subsequently subject to repayment, the 20 area agency on aging expending such funds in contravention of 21 such procedures, laws, rules and regulations, not the state, 22 shall be liable for such repayment. 23 DIVISION XXIII 24 HEALTH AND HUMAN SERVICES 25 DEPARTMENT OF PUBLIC HEALTH —— FY 2011-2012 26 Sec. 217. DEPARTMENT OF PUBLIC HEALTH. There is 27 appropriated from the general fund of the state to the 28 department of public health for the fiscal year beginning July 29 1, 2011, and ending June 30, 2012, the following amounts, or 30 so much thereof as is necessary, to be used for the purposes 31 designated: 32 1. ADDICTIVE DISORDERS 33 For reducing the prevalence of use of tobacco, alcohol, and 34 other drugs, and treating individuals affected by addictive 35 -149- LSB 2811HV (1) 84 tm/jp 149/ 518
H.F. 697 behaviors, including gambling, and for not more than the 1 following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,703,190 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 4 a. (1) Of the funds appropriated in this subsection 1, 5 $453,830 shall be transferred to the alcoholic beverages 6 division of the department of commerce for enforcement of 7 tobacco laws, regulations, and ordinances in accordance with 8 2011 Iowa Acts, House File 467, as enacted. 9 (2) Implementation of the tobacco use prevention and 10 control initiative for the fiscal year beginning July 1, 2011, 11 including efforts at the state and local levels, as provided 12 in chapter 142A, shall be limited to the extent of the funding 13 available. 14 b. Of the funds appropriated in this subsection 1, 15 $20,249,360 shall be used for problem gambling and substance 16 abuse prevention, treatment, and recovery services, including a 17 24-hour helpline, public information resources, professional 18 training, and program evaluation. 19 (1) Of the funds allocated in this paragraph “b”, 20 $17,132,508 shall be used for substance abuse prevention and 21 treatment. 22 (a) Of the funds allocated in this subparagraph (1), 23 $899,300 shall be used for the public purpose of a grant 24 program to provide substance abuse prevention programming for 25 children. 26 (i) Of the funds allocated in this subparagraph division 27 (a), $427,539 shall be used for grant funding for organizations 28 that provide programming for children by utilizing mentors. 29 Programs approved for such grants shall be certified or will 30 be certified within six months of receiving the grant award 31 by the Iowa commission on volunteer services as utilizing the 32 standards for effective practice for mentoring programs. 33 (ii) Of the funds allocated in this subparagraph division 34 (a), $426,839 shall be used for grant funding for organizations 35 -150- LSB 2811HV (1) 84 tm/jp 150/ 518
H.F. 697 that provide programming that includes youth development and 1 leadership. The programs shall also be recognized as being 2 programs that are scientifically based with evidence of their 3 effectiveness in reducing substance abuse in children. 4 (iii) The department of public health shall utilize a 5 request for proposals process to implement the grant program. 6 (iv) All grant recipients shall participate in a program 7 evaluation as a requirement for receiving grant funds. 8 (v) Of the funds allocated in this subparagraph division 9 (a), up to $44,922 may be used to administer substance abuse 10 prevention grants and for program evaluations. 11 (b) Of the funds allocated in this subparagraph (1), 12 $273,062 shall be used for culturally competent substance abuse 13 treatment pilot projects. 14 (i) The department shall utilize the amount allocated 15 in this subparagraph division (b) for at least three pilot 16 projects to provide culturally competent substance abuse 17 treatment in various areas of the state. Each pilot project 18 shall target a particular ethnic minority population. The 19 populations targeted shall include but are not limited to 20 African American, Asian, and Latino. 21 (ii) The pilot project requirements shall provide for 22 documentation or other means to ensure access to the cultural 23 competence approach used by a pilot project so that such 24 approach can be replicated and improved upon in successor 25 programs. 26 (2) Of the funds allocated in this paragraph “b”, up 27 to $3,116,852 may be used for problem gambling prevention, 28 treatment, and recovery services. 29 (a) Of the funds allocated in this subparagraph (2), 30 $2,579,000 shall be used for problem gambling prevention and 31 treatment. 32 (b) Of the funds allocated in this subparagraph (2), up to 33 $437,852 may be used for a 24-hour helpline, public information 34 resources, professional training, and program evaluation. 35 -151- LSB 2811HV (1) 84 tm/jp 151/ 518
H.F. 697 (c) Of the funds allocated in this subparagraph (2), up 1 to $100,000 may be used for the licensing of problem gambling 2 treatment programs. 3 (3) It is the intent of the general assembly that from the 4 moneys allocated in this paragraph “b”, persons with a dual 5 diagnosis of substance abuse and gambling addictions shall be 6 given priority in treatment services. 7 c. Notwithstanding any provision of law to the contrary, 8 to standardize the availability, delivery, cost of delivery, 9 and accountability of problem gambling and substance abuse 10 treatment services statewide, the department shall continue 11 implementation of a process to create a system for delivery 12 of treatment services in accordance with the requirements 13 specified in 2008 Iowa Acts, chapter 1187, section 3, 14 subsection 4. To ensure the system provides a continuum of 15 treatment services that best meets the needs of Iowans, the 16 problem gambling and substance abuse treatment services in any 17 area may be provided either by a single agency or by separate 18 agencies submitting a joint proposal. 19 (1) The system for delivery of substance abuse and 20 problem gambling treatment shall include problem gambling 21 prevention by July 1, 2012. The department shall submit a 22 proposed legislative bill in accordance with section 2.16, for 23 consideration during the 2012 legislative session, addressing 24 any statutory revisions necessary for full implementation of 25 the system. 26 (2) The system for delivery of substance abuse and problem 27 gambling treatment shall include substance abuse prevention by 28 July 1, 2014. 29 (3) Of the funds allocated in paragraph “b”, the department 30 may use up to $100,000 for administrative costs to continue 31 developing and implementing the process in accordance with this 32 paragraph “c”. 33 d. The requirement of section 123.53, subsection 5, is met 34 by the appropriations and allocations made in the health and 35 -152- LSB 2811HV (1) 84 tm/jp 152/ 518
H.F. 697 human services divisions of this Act for purposes of substance 1 abuse treatment and addictive disorders for the fiscal year 2 beginning July 1, 2011. 3 e. The department of public health shall work with all other 4 departments that fund substance abuse prevention and treatment 5 services and all such departments shall, to the extent 6 necessary, collectively meet the state maintenance of effort 7 requirements for expenditures for substance abuse services 8 as required under the federal substance abuse prevention and 9 treatment block grant. 10 f. The department shall amend or otherwise revise 11 departmental policies and contract provisions in order to 12 eliminate free t-shirt distribution, banner production, and 13 other unnecessary promotional expenditures. 14 2. HEALTHY CHILDREN AND FAMILIES 15 For promoting the optimum health status for children, 16 adolescents from birth through 21 years of age, and families, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,594,270 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 21 a. Of the funds appropriated in this subsection, not more 22 than $739,318 shall be used for the healthy opportunities to 23 experience success (HOPES)-healthy families Iowa (HFI) program 24 established pursuant to section 135.106. The funding shall 25 be distributed to renew the grants that were provided to the 26 grantees that operated the program during the fiscal year 27 ending June 30, 2011. 28 b. Of the funds appropriated in this subsection, $329,885 29 shall be used to continue to address the healthy mental 30 development of children from birth through five years of age 31 through local evidence-based strategies that engage both the 32 public and private sectors in promoting healthy development, 33 prevention, and treatment for children. 34 c. Of the funds appropriated in this subsection, $31,597 35 -153- LSB 2811HV (1) 84 tm/jp 153/ 518
H.F. 697 shall be distributed to a statewide dental carrier to provide 1 funds to continue the donated dental services program patterned 2 after the projects developed by the dental lifeline network 3 to provide dental services to indigent elderly and disabled 4 individuals. 5 d. Of the funds appropriated in this subsection, $112,677 6 shall be used for childhood obesity prevention. 7 e. Of the funds appropriated in this subsection, $163,760 8 shall be used to provide audiological services and hearing 9 aids for children. The department may enter into a contract 10 to administer this paragraph. 11 3. CHRONIC CONDITIONS 12 For serving individuals identified as having chronic 13 conditions or special health care needs, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,438,591 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 17 a. Of the funds appropriated in this subsection, $160,582 18 shall be used for grants to individual patients who have 19 phenylketonuria (PKU) to assist with the costs of necessary 20 special foods. 21 b. Of the funds appropriated in this subsection, $483,600 22 is allocated for continuation of the contracts for resource 23 facilitator services in accordance with section 135.22B, 24 subsection 9, and for brain injury training services and 25 recruiting of service providers to increase the capacity within 26 this state to address the needs of individuals with brain 27 injuries and such individuals’ families. 28 c. Of the funds appropriated in this subsection, $468,874 29 shall be used as additional funding to leverage federal funding 30 through the federal Ryan White Care Act, Tit. II, AIDS drug 31 assistance program supplemental drug treatment grants. 32 d. Of the funds appropriated in this subsection, $31,254 33 shall be used for the public purpose of providing a grant to an 34 existing national-affiliated organization to provide education, 35 -154- LSB 2811HV (1) 84 tm/jp 154/ 518
H.F. 697 client-centered programs, and client and family support for 1 people living with epilepsy and their families. 2 e. Of the funds appropriated in this subsection, $12,500 3 shall be used for the purposes of the epilepsy treatment and 4 education task force as specified in 2011 Iowa Acts, House File 5 322, as enacted. 6 f. Of the funds appropriated in this subsection, $788,303 7 shall be used for child health specialty clinics. 8 g. Of the funds appropriated in this subsection, $711,052 9 shall be used for the comprehensive cancer control program to 10 reduce the burden of cancer in Iowa through prevention, early 11 detection, effective treatment, and ensuring quality of life. 12 Of the funds allocated in this lettered paragraph, $363,987 13 shall be used to support a melanoma research symposium, a 14 melanoma biorepository and registry, basic and translational 15 melanoma research, and clinical trials. 16 h. Of the funds appropriated in this subsection, $126,450 17 shall be used for cervical and colon cancer screening. 18 i. Of the funds appropriated in this subsection, $421,782 19 shall be used for the center for congenital and inherited 20 disorders. 21 j. Of the funds appropriated in this subsection, $129,937 22 shall be used for the prescription drug donation repository 23 program created in chapter 135M. 24 4. COMMUNITY CAPACITY 25 For strengthening the health care delivery system at the 26 local level, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,414,063 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 30 a. Of the funds appropriated in this subsection, $100,000 31 is allocated for a child vision screening program implemented 32 through the university of Iowa hospitals and clinics in 33 collaboration with early childhood Iowa areas. 34 b. Of the funds appropriated in this subsection, $111,308 is 35 -155- LSB 2811HV (1) 84 tm/jp 155/ 518
H.F. 697 allocated for continuation of an initiative implemented at the 1 university of Iowa and $100,493 is allocated for continuation 2 of an initiative at the state mental health institute at 3 Cherokee to expand and improve the workforce engaged in 4 mental health treatment and services. The initiatives shall 5 receive input from the university of Iowa, the department 6 of human services, the department of public health, and the 7 mental health, mental retardation, developmental disabilities, 8 and brain injury commission to address the focus of the 9 initiatives. 10 c. Of the funds appropriated in this subsection, $1,171,491 11 shall be used for essential public health services that promote 12 healthy aging throughout the lifespan, contracted through a 13 formula for local boards of health, to enhance health promotion 14 and disease prevention services. 15 d. Of the funds appropriated in this section, $121,817 shall 16 be deposited in the governmental public health system fund 17 created in section 135A.8 to be used for the purposes of the 18 fund. 19 e. Of the funds appropriated in this subsection, $106,279 20 shall be used for the mental health professional shortage area 21 program implemented pursuant to section 135.80. 22 f. Of the funds appropriated in this subsection, 23 $38,263 shall be used for a grant to a statewide association 24 of psychologists that is affiliated with the American 25 psychological association to be used for continuation of a 26 program to rotate intern psychologists in placements in urban 27 and rural mental health professional shortage areas, as defined 28 in section 135.80. 29 g. Of the funds appropriated in this subsection, the 30 following amounts shall be allocated to the Iowa collaborative 31 safety net provider network established pursuant to section 32 135.153 to be used for the purposes designated. The following 33 amounts allocated under this lettered paragraph shall be 34 distributed to the specified provider and shall not be reduced 35 -156- LSB 2811HV (1) 84 tm/jp 156/ 518
H.F. 697 for administrative or other costs prior to distribution: 1 (1) For distribution to the Iowa primary care association 2 for statewide coordination of the Iowa collaborative safety net 3 provider network: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,597 5 (2) For distribution to the local boards of health that 6 provide direct services for pilot programs in three counties to 7 assist patients in determining an appropriate medical home: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,332 9 (3) For distribution to maternal and child health centers 10 for pilot programs in three counties to assist patients in 11 determining an appropriate medical home: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,332 13 (4) For distribution to free clinics for necessary 14 infrastructure, statewide coordination, provider recruitment, 15 service delivery, and provision of assistance to patients in 16 determining an appropriate medical home: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 113,754 18 (5) For distribution to rural health clinics for necessary 19 infrastructure, statewide coordination, provider recruitment, 20 service delivery, and provision of assistance to patients in 21 determining an appropriate medical home: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,264 23 (6) For continuation of the safety net provider patient 24 access to specialty health care initiative as described in 2007 25 Iowa Acts, chapter 218, section 109: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 238,420 27 (7) For continuation of the pharmaceutical infrastructure 28 for safety net providers as described in 2007 Iowa Acts, 29 chapter 218, section 108: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 247,590 31 The Iowa collaborative safety net provider network may 32 continue to distribute funds allocated pursuant to this 33 lettered paragraph through existing contracts or renewal of 34 existing contracts. 35 -157- LSB 2811HV (1) 84 tm/jp 157/ 518
H.F. 697 h. (1) Of the funds appropriated in this subsection, 1 $100,000 shall be used for continued implementation of 2 the recommendations of the direct care worker task force 3 established pursuant to 2005 Iowa Acts, chapter 88, based upon 4 the report submitted to the governor and the general assembly 5 in December 2006. The department may use a portion of the 6 funds allocated in this lettered paragraph for an additional 7 position to assist in the continued implementation. 8 (2) The direct care worker advisory council shall submit 9 a final report no later than March 1, 2012, to the governor 10 and the general assembly, in accordance with 2010 Iowa 11 Acts, chapter 1192, section 2, subsection 4, paragraph “h”, 12 subparagraph (3). 13 (3) The department of public health shall report to 14 the persons designated in the department of human services 15 division of this Act for FY 2011-2012 for submission of 16 reports regarding use of the funds allocated in this lettered 17 paragraph, on or before January 15, 2012. 18 i. Of the funds appropriated in this subsection, $150,000 19 shall be used for allocation through a request for proposals 20 process to an independent statewide direct care worker 21 association for education, outreach, and mentoring intended to 22 enhance the recruitment and retention of direct care workers 23 in health care and long-term care settings. Funding allocated 24 in this lettered paragraph shall not be used by the recipient 25 association for lobbying activities as described in section 26 689B.36. 27 j. The department may utilize one of the full-time 28 equivalent positions authorized in this subsection for 29 administration of the activities related to the Iowa 30 collaborative safety net provider network. 31 k. Of the funds appropriated in this subsection, the 32 department may use up to $60,000 for up to one full-time 33 equivalent position to administer the volunteer health care 34 provider program pursuant to section 135.24. 35 -158- LSB 2811HV (1) 84 tm/jp 158/ 518
H.F. 697 l. Of the funds appropriated in this subsection, $50,000 1 shall be used for a matching dental education loan repayment 2 program to be allocated to a dental nonprofit health service 3 corporation to develop the criteria and implement the loan 4 repayment program. 5 m. Of the funds appropriated in this subsection, 6 $363,987 shall be used as state matching funds for the health 7 information network as established by the department of public 8 health. 9 5. HEALTHY AGING 10 To provide public health services that reduce risks and 11 invest in promoting and protecting good health over the 12 course of a lifetime with a priority given to older Iowans and 13 vulnerable populations: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,297,142 15 a. Of the funds appropriated in this subsection, $2,009,187 16 shall be used for local public health nursing services. 17 b. Of the funds appropriated in this subsection, $5,287,955 18 shall be used for home care aide services. 19 6. ENVIRONMENTAL HAZARDS 20 For reducing the public’s exposure to hazards in the 21 environment, primarily chemical hazards, and for not more than 22 the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 813,777 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 25 Of the funds appropriated in this subsection, $544,377 shall 26 be used for childhood lead poisoning provisions. 27 7. INFECTIOUS DISEASES 28 For reducing the incidence and prevalence of communicable 29 diseases, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,345,847 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 33 8. PUBLIC PROTECTION 34 For protecting the health and safety of the public through 35 -159- LSB 2811HV (1) 84 tm/jp 159/ 518
H.F. 697 establishing standards and enforcing regulations, and for not 1 more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,776,232 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 4 a. Of the funds appropriated in this subsection, not more 5 than $471,690 shall be credited to the emergency medical 6 services fund created in section 135.25. Moneys in the 7 emergency medical services fund are appropriated to the 8 department to be used for the purposes of the fund. 9 b. Of the funds appropriated in this subsection, $210,619 10 shall be used for sexual violence prevention programming 11 through a statewide organization representing programs serving 12 victims of sexual violence through the department’s sexual 13 violence prevention program. The amount allocated in this 14 lettered paragraph shall not be used to supplant funding 15 administered for other sexual violence prevention or victims 16 assistance programs. 17 c. Of the funds appropriated in this subsection, not more 18 than $436,582 shall be used for the state poison control 19 center. 20 9. RESOURCE MANAGEMENT 21 For establishing and sustaining the overall ability of the 22 department to deliver services to the public, and for not more 23 than the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 819,554 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 26 The university of Iowa hospitals and clinics under the 27 control of the state board of regents shall not receive 28 indirect costs from the funds appropriated in this section. 29 The university of Iowa hospitals and clinics billings to the 30 department shall be on at least a quarterly basis. 31 DIVISION XXIV 32 HEALTH AND HUMAN SERVICES 33 DEPARTMENT OF VETERANS AFFAIRS —— FY 2011-2012 34 Sec. 218. DEPARTMENT OF VETERANS AFFAIRS. There is 35 -160- LSB 2811HV (1) 84 tm/jp 160/ 518
H.F. 697 appropriated from the general fund of the state to the 1 department of veterans affairs for the fiscal year beginning 2 July 1, 2011, and ending June 30, 2012, the following amounts, 3 or so much thereof as is necessary, to be used for the purposes 4 designated: 5 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 6 For salaries, support, maintenance, and miscellaneous 7 purposes, including the war orphans educational assistance fund 8 created in section 35.8, and for not more than the following 9 full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 998,832 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 12 2. IOWA VETERANS HOME 13 For salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,952,151 16 a. The Iowa veterans home billings involving the department 17 of human services shall be submitted to the department on at 18 least a monthly basis. 19 b. If there is a change in the employer of employees 20 providing services at the Iowa veterans home under a collective 21 bargaining agreement, such employees and the agreement shall 22 be continued by the successor employer as though there had not 23 been a change in employer. 24 c. Within available resources and in conformance with 25 associated state and federal program eligibility requirements, 26 the Iowa veterans home may implement measures to provide 27 financial assistance to or on behalf of veterans or their 28 spouses participating in the community reentry program. 29 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 30 VETERANS 31 For provision of educational assistance pursuant to section 32 35.9: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,416 34 Sec. 219. LIMITATION OF COUNTY COMMISSION OF VETERANS 35 -161- LSB 2811HV (1) 84 tm/jp 161/ 518
H.F. 697 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 1 standing appropriation in the following designated section for 2 the fiscal year beginning July 1, 2011, and ending June 30, 3 2012, the amounts appropriated from the general fund of the 4 state pursuant to that section for the following designated 5 purposes shall not exceed the following amount: 6 For the county commissions of veterans affairs fund under 7 section 35A.16: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 9 DIVISION XXV 10 HEALTH AND HUMAN SERVICES 11 DEPARTMENT OF HUMAN SERVICES —— FY 2011-2012 12 Sec. 220. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 13 GRANT. There is appropriated from the fund created in section 14 8.41 to the department of human services for the fiscal year 15 beginning July 1, 2011, and ending June 30, 2012, from moneys 16 received under the federal temporary assistance for needy 17 families (TANF) block grant pursuant to the federal Personal 18 Responsibility and Work Opportunity Reconciliation Act of 1996, 19 Pub. L. No. 104-193, and successor legislation, and from moneys 20 received under the emergency contingency fund for temporary 21 assistance for needy families state program established 22 pursuant to the federal American Recovery and Reinvestment Act 23 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 24 the following amounts, or so much thereof as is necessary, to 25 be used for the purposes designated: 26 1. To be credited to the family investment program account 27 and used for assistance under the family investment program 28 under chapter 239B: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,500,738 30 2. To be credited to the family investment program account 31 and used for the job opportunities and basic skills (JOBS) 32 program and implementing family investment agreements in 33 accordance with chapter 239B: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,411,528 35 -162- LSB 2811HV (1) 84 tm/jp 162/ 518
H.F. 697 3. To be used for the family development and 1 self-sufficiency grant program in accordance with section 2 216A.107: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 4 Notwithstanding section 8.33, moneys appropriated in this 5 subsection that remain unencumbered or unobligated at the close 6 of the fiscal year shall not revert but shall remain available 7 for expenditure for the purposes designated until the close of 8 the succeeding fiscal year. However, unless such moneys are 9 encumbered or obligated on or before September 30, 2012, the 10 moneys shall revert. 11 4. For field operations: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 13 5. For general administration: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 15 6. For state child care assistance: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,382,687 17 The funds appropriated in this subsection shall be 18 transferred to the child care and development block grant 19 appropriation made by the Eighty-fourth General Assembly, 2011 20 Session, for the federal fiscal year beginning October 1, 21 2011, and ending September 30, 2012. Of this amount, $200,000 22 shall be used for provision of educational opportunities to 23 registered child care home providers in order to improve 24 services and programs offered by this category of providers 25 and to increase the number of providers. The department may 26 contract with institutions of higher education or child care 27 resource and referral centers to provide the educational 28 opportunities. Allowable administrative costs under the 29 contracts shall not exceed 5 percent. The application for a 30 grant shall not exceed two pages in length. 31 7. For mental health and developmental disabilities 32 community services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,894,052 34 8. For child and family services: 35 -163- LSB 2811HV (1) 84 tm/jp 163/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,084,430 1 9. For child abuse prevention grants: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 3 10. For pregnancy prevention grants on the condition that 4 family planning services are funded: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 6 Pregnancy prevention grants shall be awarded to pregnancy 7 prevention programs that are based on existing models that 8 have demonstrated positive outcomes. Grants shall comply with 9 the requirements provided in 1997 Iowa Acts, chapter 208, 10 section 14, subsections 1 and 2, including the requirement that 11 grant programs must emphasize sexual abstinence. Priority in 12 the awarding of grants shall be given to programs that serve 13 areas of the state which demonstrate the highest percentage of 14 unplanned pregnancies of females of childbearing age within the 15 geographic area to be served by the grant. 16 11. For technology needs and other resources necessary 17 to meet federal welfare reform reporting, tracking, and case 18 management requirements: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 20 12. To be credited to the state child care assistance 21 appropriation made in this section to be used for funding of 22 community-based early childhood programs targeted to children 23 from birth through five years of age developed by early 24 childhood Iowa areas as provided in section 256I.11: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,350,000 26 The department shall transfer TANF block grant funding 27 appropriated and allocated in this subsection to the child care 28 and development block grant appropriation in accordance with 29 federal law as necessary to comply with the provisions of this 30 subsection. 31 13. a. Notwithstanding any provision to the contrary, 32 including but not limited to requirements in section 8.41 33 or provisions in 2010 Iowa Acts regarding the receipt and 34 appropriation of federal block grants, federal funds from the 35 -164- LSB 2811HV (1) 84 tm/jp 164/ 518
H.F. 697 emergency contingency fund for temporary assistance for needy 1 families state program established pursuant to the federal 2 American Recovery and Reinvestment Act of 2009, Pub. L. No. 3 111-5 § 2101, received by the state during the fiscal year 4 beginning July 1, 2010, and ending June 30, 2011, not otherwise 5 appropriated in this section and remaining available as of 6 July 1, 2011, and received by the state during the fiscal 7 year beginning July 1, 2011, and ending June 30, 2012, are 8 appropriated to the extent as may be necessary to be used in 9 the following priority order: the family investment program 10 for the fiscal year and for state child care assistance program 11 payments for individuals enrolled in the family investment 12 program who are employed. The federal funds appropriated in 13 this paragraph “a” shall be expended only after all other 14 funds appropriated in subsection 1 for the assistance under 15 the family investment program under chapter 239B have been 16 expended. 17 b. The department shall, on a quarterly basis, advise the 18 legislative services agency and department of management of 19 the amount of funds appropriated in this subsection that was 20 expended in the prior quarter. 21 14. Of the amounts appropriated in this section, 22 $12,962,008 for the fiscal year beginning July 1, 2011, shall 23 be transferred to the appropriation of the federal social 24 services block grant made for that fiscal year. 25 15. For continuation of the program allowing the department 26 to maintain categorical eligibility for the food assistance 27 program as required under the section of this division of this 28 Act relating to the family investment account: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 146,072 30 16. The department may transfer funds allocated in this 31 section to the appropriations made in this division of this Act 32 for general administration and field operations for resources 33 necessary to implement and operate the services referred to in 34 this section and those funded in the appropriation made in this 35 -165- LSB 2811HV (1) 84 tm/jp 165/ 518
H.F. 697 division of this Act for the family investment program from the 1 general fund of the state. 2 Sec. 221. FAMILY INVESTMENT PROGRAM ACCOUNT. 3 1. Moneys credited to the family investment program (FIP) 4 account for the fiscal year beginning July 1, 2011, and 5 ending June 30, 2012, shall be used to provide assistance in 6 accordance with chapter 239B. 7 2. The department may use a portion of the moneys credited 8 to the FIP account under this section as necessary for 9 salaries, support, maintenance, and miscellaneous purposes. 10 3. The department may transfer funds allocated in this 11 section to the appropriations in this division of this Act 12 for general administration and field operations for resources 13 necessary to implement and operate the services referred to in 14 this section and those funded in the appropriation made in this 15 division of this Act for the family investment program from the 16 general fund of the state. 17 4. Moneys appropriated in this division of this Act and 18 credited to the FIP account for the fiscal year beginning July 19 1, 2011, and ending June 30, 2012, are allocated as follows: 20 a. To be retained by the department of human services to 21 be used for coordinating with the department of human rights 22 to more effectively serve participants in the FIP program and 23 other shared clients and to meet federal reporting requirements 24 under the federal temporary assistance for needy families block 25 grant: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 27 b. To the department of human rights for staffing, 28 administration, and implementation of the family development 29 and self-sufficiency grant program in accordance with section 30 216A.107: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,342,834 32 (1) Of the funds allocated for the family development and 33 self-sufficiency grant program in this lettered paragraph, 34 not more than 5 percent of the funds shall be used for the 35 -166- LSB 2811HV (1) 84 tm/jp 166/ 518
H.F. 697 administration of the grant program. 1 (2) The department of human rights may continue to implement 2 the family development and self-sufficiency grant program 3 statewide during fiscal year 2011-2012. 4 c. For the diversion subaccount of the FIP account: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,698,400 6 A portion of the moneys allocated for the subaccount may 7 be used for field operations salaries, data management system 8 development, and implementation costs and support deemed 9 necessary by the director of human services in order to 10 administer the FIP diversion program. 11 d. For the food stamp employment and training program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 13 (1) The department shall amend the food stamp employment and 14 training state plan in order to maximize to the fullest extent 15 permitted by federal law the use of the 50-50 match provisions 16 for the claiming of allowable federal matching funds from the 17 United States department of agriculture pursuant to the federal 18 food stamp employment and training program for providing 19 education, employment, and training services for eligible food 20 assistance program participants, including but not limited to 21 related dependent care and transportation expenses. 22 (2) The department shall continue the categorical federal 23 food assistance program eligibility at 160 percent of the 24 federal poverty level and continue to eliminate the asset test 25 from eligibility requirements, consistent with federal food 26 assistance program requirements. The department shall include 27 as many food assistance households as is allowed by federal 28 law. The eligibility provisions shall conform to all federal 29 requirements including requirements addressing individuals who 30 are incarcerated or otherwise ineligible. 31 e. For the JOBS program: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,235,905 33 5. Of the child support collections assigned under FIP, 34 an amount equal to the federal share of support collections 35 -167- LSB 2811HV (1) 84 tm/jp 167/ 518
H.F. 697 shall be credited to the child support recovery appropriation 1 made in this division of this Act. Of the remainder of the 2 assigned child support collections received by the child 3 support recovery unit, a portion shall be credited to the FIP 4 account, a portion may be used to increase recoveries, and a 5 portion may be used to sustain cash flow in the child support 6 payments account. If as a consequence of the appropriations 7 and allocations made in this section the resulting amounts 8 are insufficient to sustain cash assistance payments and meet 9 federal maintenance of effort requirements, the department 10 shall seek supplemental funding. If child support collections 11 assigned under FIP are greater than estimated or are otherwise 12 determined not to be required for maintenance of effort, the 13 state share of either amount may be transferred to or retained 14 in the child support payment account. 15 6. The department may adopt emergency rules for the family 16 investment, JOBS, food stamp, and medical assistance programs 17 if necessary to comply with federal requirements. 18 Sec. 222. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 19 is appropriated from the general fund of the state to the 20 department of human services for the fiscal year beginning July 21 1, 2011, and ending June 30, 2012, the following amount, or 22 so much thereof as is necessary, to be used for the purpose 23 designated: 24 To be credited to the family investment program (FIP) 25 account and used for family investment program assistance under 26 chapter 239B: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,171,027 28 1. Of the funds appropriated in this section, $7,824,377 is 29 allocated for the JOBS program. 30 2. Of the funds appropriated in this section, $2,463,854 is 31 allocated for the family development and self-sufficiency grant 32 program. 33 3. Notwithstanding section 8.39, for the fiscal year 34 beginning July 1, 2011, if necessary to meet federal 35 -168- LSB 2811HV (1) 84 tm/jp 168/ 518
H.F. 697 maintenance of effort requirements or to transfer federal 1 temporary assistance for needy families block grant funding 2 to be used for purposes of the federal social services block 3 grant or to meet cash flow needs resulting from delays in 4 receiving federal funding or to implement, in accordance with 5 this division of this Act, activities currently funded with 6 juvenile court services, county, or community moneys and state 7 moneys used in combination with such moneys, the department 8 of human services may transfer funds within or between any 9 of the appropriations made in this division of this Act and 10 appropriations in law for the federal social services block 11 grant to the department for the following purposes, provided 12 that the combined amount of state and federal temporary 13 assistance for needy families block grant funding for each 14 appropriation remains the same before and after the transfer: 15 a. For the family investment program. 16 b. For child care assistance. 17 c. For child and family services. 18 d. For field operations. 19 e. For general administration. 20 f. MH/MR/DD/BI community services (local purchase). 21 This subsection shall not be construed to prohibit the use 22 of existing state transfer authority for other purposes. The 23 department shall report any transfers made pursuant to this 24 subsection to the legislative services agency. 25 4. Of the funds appropriated in this section, $195,678 shall 26 be used for continuation of a grant to an Iowa-based nonprofit 27 organization with a history of providing tax preparation 28 assistance to low-income Iowans in order to expand the usage of 29 the earned income tax credit. The purpose of the grant is to 30 supply this assistance to underserved areas of the state. 31 Sec. 223. CHILD SUPPORT RECOVERY. There is appropriated 32 from the general fund of the state to the department of human 33 services for the fiscal year beginning July 1, 2011, and ending 34 June 30, 2012, the following amount, or so much thereof as is 35 -169- LSB 2811HV (1) 84 tm/jp 169/ 518
H.F. 697 necessary, to be used for the purposes designated: 1 For child support recovery, including salaries, support, 2 maintenance, and miscellaneous purposes, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,044,451 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 6 1. The department shall expend up to $24,329, including 7 federal financial participation, for the fiscal year beginning 8 July 1, 2011, for a child support public awareness campaign. 9 The department and the office of the attorney general shall 10 cooperate in continuation of the campaign. The public 11 awareness campaign shall emphasize, through a variety of 12 media activities, the importance of maximum involvement of 13 both parents in the lives of their children as well as the 14 importance of payment of child support obligations. 15 2. Federal access and visitation grant moneys shall be 16 issued directly to private not-for-profit agencies that provide 17 services designed to increase compliance with the child access 18 provisions of court orders, including but not limited to 19 neutral visitation sites and mediation services. 20 3. The appropriation made to the department for child 21 support recovery may be used throughout the fiscal year in the 22 manner necessary for purposes of cash flow management, and for 23 cash flow management purposes the department may temporarily 24 draw more than the amount appropriated, provided the amount 25 appropriated is not exceeded at the close of the fiscal year. 26 4. With the exception of the funding amount specified, the 27 requirements established under 2001 Iowa Acts, chapter 191, 28 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 29 be applicable to parental obligation pilot projects for the 30 fiscal year beginning July 1, 2011, and ending June 30, 2012. 31 Notwithstanding 441 IAC 100.8, providing for termination of 32 rules relating to the pilot projects, the rules shall remain 33 in effect until June 30, 2012. 34 Sec. 224. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 35 -170- LSB 2811HV (1) 84 tm/jp 170/ 518
H.F. 697 funds remaining in the health care trust fund created in 1 section 453A.35A for the fiscal year beginning July 1, 2011, 2 and ending June 30, 2012, are appropriated to the department 3 of human services to supplement the medical assistance 4 program appropriations made in the health and human services 5 divisions of this Act, for medical assistance reimbursement and 6 associated costs, including program administration and costs 7 associated with implementation. 8 Sec. 225. MEDICAL ASSISTANCE. There is appropriated from 9 the general fund of the state to the department of human 10 services for the fiscal year beginning July 1, 2011, and ending 11 June 30, 2012, the following amount, or so much thereof as is 12 necessary, to be used for the purpose designated: 13 For medical assistance reimbursement and associated costs 14 as specifically provided in the reimbursement methodologies 15 in effect on June 30, 2011, except as otherwise expressly 16 authorized by law, including reimbursement for abortion 17 services which shall be available under the medical assistance 18 program only for those abortions which are medically necessary: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $907,087,190 20 1. Medically necessary abortions are those performed under 21 any of the following conditions: 22 a. The attending physician certifies that continuing the 23 pregnancy would endanger the life of the pregnant woman. 24 b. Any spontaneous abortion, commonly known as a 25 miscarriage, if not all of the products of conception are 26 expelled. 27 2. The department shall utilize not more than $60,000 of 28 the funds appropriated in this section to continue the AIDS/HIV 29 health insurance premium payment program as established in 1992 30 Iowa Acts, Second Extraordinary Session, chapter 1001, section 31 409, subsection 6. Of the funds allocated in this subsection, 32 not more than $5,000 may be expended for administrative 33 purposes. 34 3. Of the funds appropriated in the department of public 35 -171- LSB 2811HV (1) 84 tm/jp 171/ 518
H.F. 697 health division of this Act for FY 2011-2012 to the department 1 of public health for addictive disorders, $950,000 for the 2 fiscal year beginning July 1, 2011, shall be transferred to 3 the department of human services for an integrated substance 4 abuse managed care system. The department shall not assume 5 management of the substance abuse system in place of the 6 managed care contractor unless such a change in approach is 7 specifically authorized in law. The departments of human 8 services and public health shall work together to maintain 9 the level of mental health and substance abuse services 10 provided by the managed care contractor through the Iowa plan 11 for behavioral health. Each department shall take the steps 12 necessary to continue the federal waivers as necessary to 13 maintain the level of services. 14 4. a. The department shall aggressively pursue options for 15 providing medical assistance or other assistance to individuals 16 with special needs who become ineligible to continue receiving 17 services under the early and periodic screening, diagnostic, 18 and treatment program under the medical assistance program 19 due to becoming 21 years of age who have been approved for 20 additional assistance through the department’s exception to 21 policy provisions, but who have health care needs in excess 22 of the funding available through the exception to policy 23 provisions. 24 b. Of the funds appropriated in this section, $100,000 25 shall be used for participation in one or more pilot projects 26 operated by a private provider to allow the individual or 27 individuals to receive service in the community in accordance 28 with principles established in Olmstead v. L.C., 527 U.S. 581 29 (1999), for the purpose of providing medical assistance or 30 other assistance to individuals with special needs who become 31 ineligible to continue receiving services under the early and 32 periodic screening, diagnosis, and treatment program under 33 the medical assistance program due to becoming 21 years of 34 age who have been approved for additional assistance through 35 -172- LSB 2811HV (1) 84 tm/jp 172/ 518
H.F. 697 the department’s exception to policy provisions, but who have 1 health care needs in excess of the funding available through 2 the exception to the policy provisions. 3 5. Of the funds appropriated in this section, up to 4 $3,050,082 may be transferred to the field operations or 5 general administration appropriations in this division of this 6 Act for operational costs associated with Part D of the federal 7 Medicare Prescription Drug Improvement and Modernization Act 8 of 2003, Pub. L. No. 108-173. 9 6. Of the funds appropriated in this section, up to $442,100 10 may be transferred to the appropriation in this division 11 of this Act for medical contracts to be used for clinical 12 assessment services and prior authorization of services. 13 7. A portion of the funds appropriated in this section 14 may be transferred to the appropriations in this division of 15 this Act for general administration, medical contracts, the 16 children’s health insurance program, or field operations to be 17 used for the state match cost to comply with the payment error 18 rate measurement (PERM) program for both the medical assistance 19 and children’s health insurance programs as developed by the 20 centers for Medicare and Medicaid services of the United States 21 department of health and human services to comply with the 22 federal Improper Payments Information Act of 2002, Pub. L. No. 23 107-300. 24 8. It is the intent of the general assembly that the 25 department continue to implement the recommendations of 26 the assuring better child health and development initiative 27 II (ABCDII) clinical panel to the Iowa early and periodic 28 screening, diagnostic, and treatment services healthy mental 29 development collaborative board regarding changes to billing 30 procedures, codes, and eligible service providers. 31 9. Of the funds appropriated in this section, a sufficient 32 amount is allocated to supplement the incomes of residents of 33 nursing facilities, intermediate care facilities for persons 34 with mental illness, and intermediate care facilities for 35 -173- LSB 2811HV (1) 84 tm/jp 173/ 518
H.F. 697 persons with mental retardation, with incomes of less than $50 1 in the amount necessary for the residents to receive a personal 2 needs allowance of $50 per month pursuant to section 249A.30A. 3 10. Of the funds appropriated in this section, the following 4 amounts shall be transferred to the appropriations made in this 5 division of this Act for the state mental health institutes: 6 a. Cherokee mental health institute .......... $ 9,098,425 7 b. Clarinda mental health institute .......... $ 1,977,305 8 c. Independence mental health institute ...... $ 9,045,894 9 d. Mount Pleasant mental health institute .... $ 5,752,587 10 11. a. Of the funds appropriated in this section, 11 $7,425,684 is allocated for the state match for a 12 disproportionate share hospital payment of $19,133,430 to 13 hospitals that meet both of the conditions specified in 14 subparagraphs (1) and (2). In addition, the hospitals that 15 meet the conditions specified shall either certify public 16 expenditures or transfer to the medical assistance program 17 an amount equal to provide the nonfederal share for a 18 disproportionate share hospital payment of $7,500,000. The 19 hospitals that meet the conditions specified shall receive and 20 retain 100 percent of the total disproportionate share hospital 21 payment of $26,633,430. 22 (1) The hospital qualifies for disproportionate share and 23 graduate medical education payments. 24 (2) The hospital is an Iowa state-owned hospital with more 25 than 500 beds and eight or more distinct residency specialty 26 or subspecialty programs recognized by the American college of 27 graduate medical education. 28 b. Distribution of the disproportionate share payments 29 shall be made on a monthly basis. The total amount of 30 disproportionate share payments including graduate medical 31 education, enhanced disproportionate share, and Iowa 32 state-owned teaching hospital payments shall not exceed the 33 amount of the state’s allotment under Pub. L. No. 102-234. 34 In addition, the total amount of all disproportionate 35 -174- LSB 2811HV (1) 84 tm/jp 174/ 518
H.F. 697 share payments shall not exceed the hospital-specific 1 disproportionate share limits under Pub. L. No. 103-66. 2 12. The university of Iowa hospitals and clinics shall 3 either certify public expenditures or transfer to the medical 4 assistance appropriation an amount equal to provide the 5 nonfederal share for increased medical assistance payments for 6 inpatient and outpatient hospital services of $9,900,000. The 7 university of Iowa hospitals and clinics shall receive and 8 retain 100 percent of the total increase in medical assistance 9 payments. 10 13. Of the funds appropriated in this section, up to 11 $4,480,304 may be transferred to the IowaCare account created 12 in section 249J.24. 13 14. Of the funds appropriated in this section, $200,000 14 shall be used for the Iowa chronic care consortium pursuant to 15 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 16 Iowa Acts, chapter 179, sections 166 and 167. 17 15. One hundred percent of the nonfederal share of payments 18 to area education agencies that are medical assistance 19 providers for medical assistance-covered services provided to 20 medical assistance-covered children, shall be made from the 21 appropriation made in this section. 22 16. Any new or renewed contract entered into by the 23 department with a third party to administer behavioral health 24 services under the medical assistance program shall provide 25 that any interest earned on payments from the state during 26 the state fiscal year shall be remitted to the department 27 and treated as recoveries to offset the costs of the medical 28 assistance program. 29 17. The department shall continue to implement the 30 provisions in 2007 Iowa Acts, chapter 218, section 124 and 31 section 126, as amended by 2008 Iowa Acts, chapter 1188, 32 section 55, relating to eligibility for certain persons with 33 disabilities under the medical assistance program in accordance 34 with the federal family opportunity Act. 35 -175- LSB 2811HV (1) 84 tm/jp 175/ 518
H.F. 697 18. A portion of the funds appropriated in this section 1 may be transferred to the appropriation in this division of 2 this Act for medical contracts to be used for administrative 3 activities associated with the money follows the person 4 demonstration project. 5 19. Of the funds appropriated in this section, $349,011 6 shall be used for the administration of the health insurance 7 premium payment program, including salaries, support, 8 maintenance, and miscellaneous purposes for the fiscal year 9 beginning July 1, 2011. 10 20. a. The department may implement cost containment 11 strategies recommended by the governor, and may adopt emergency 12 rules for such implementation. 13 b. The department may increase the amounts allocated for 14 salaries, support, maintenance, and miscellaneous purposes 15 associated with the medical assistance program, as necessary, 16 to implement the cost containment strategies. The department 17 shall report any such increase to the legislative services 18 agency and the department of management. 19 c. If the savings to the medical assistance program exceed 20 the cost, the department may transfer any savings generated 21 for the fiscal year due to medical assistance program cost 22 containment efforts initiated pursuant to 2010 Iowa Acts, 23 chapter 1031, Executive Order No. 20, issued December 16, 2009, 24 or cost containment strategies initiated pursuant to this 25 subsection, to the appropriation made in this division of this 26 Act for medical contracts or general administration to defray 27 the increased contract costs associated with implementing such 28 efforts. 29 d. The department shall report the implementation of 30 any cost containment strategies under this subsection to 31 the individuals specified in this division of this Act for 32 submission of reports on a quarterly basis. 33 21. Notwithstanding any provision of law to the contrary, 34 the department of human services shall amend the section 35 -176- LSB 2811HV (1) 84 tm/jp 176/ 518
H.F. 697 1915(b) waiver and Iowa plan contract to include remedial 1 services under the Iowa plan contract effective July 1, 2011. 2 22. a. The department may submit medical assistance program 3 state plan amendments to the centers for Medicare and Medicaid 4 services of the United States department of health and human 5 services, and may adopt administrative rules pursuant to 6 chapter 17A to implement any of the following if the respective 7 state plan amendment is approved: 8 (1) Health homes pursuant to section 2703 of the federal 9 Patient Protection and Affordable Care Act, Pub. L. No. 10 111-148. The department shall collaborate with the medical 11 home system advisory council created pursuant to section 12 135.159 in developing such health homes. 13 (2) Accountable care organization pilot programs, if such 14 programs are advantageous to the medical assistance program. 15 b. Any health home or accountable care organization 16 pilot program implemented pursuant to this subsection shall 17 demonstrate value to the state with a positive return on 18 investment within two years of implementation, and may utilize 19 care coordination fees, pay-for-performance fees, or shared 20 saving strategies if approved as part of the state plan 21 amendment. 22 Sec. 226. MEDICAL CONTRACTS. There is appropriated from the 23 general fund of the state to the department of human services 24 for the fiscal year beginning July 1, 2011, and ending June 30, 25 2012, the following amount, or so much thereof as is necessary, 26 to be used for the purpose designated: 27 For medical contracts: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,823,844 29 1. The department of inspections and appeals shall 30 provide all state matching funds for survey and certification 31 activities performed by the department of inspections 32 and appeals. The department of human services is solely 33 responsible for distributing the federal matching funds for 34 such activities. 35 -177- LSB 2811HV (1) 84 tm/jp 177/ 518
H.F. 697 2. The department shall amend the state Medicaid health 1 information technology plan to include costs related to the 2 one-time development costs of the health information network 3 established by the department of public health. 4 3. Of the amount appropriated in this section, up to 5 $200,000 may be transferred to the appropriation for general 6 administration in this division of this Act to be used for 7 additional full-time equivalent positions in the development of 8 key health initiatives such as cost containment, development 9 and oversight of managed care programs, and development of 10 health strategies targeted toward improved quality and reduced 11 costs in the Medicaid program. 12 4. Of the funds appropriated in this section, $50,000 shall 13 be used for home and community-based services waiver quality 14 assurance programs, including the review and streamlining 15 of processes and policies related to oversight and quality 16 management to meet state and federal requirements. The 17 department shall submit a report to the persons designated in 18 this division of this Act for submission of reports by December 19 15, 2011, regarding the modifications to the quality assurance 20 programs. 21 Sec. 227. STATE SUPPLEMENTARY ASSISTANCE. 22 1. There is appropriated from the general fund of the 23 state to the department of human services for the fiscal year 24 beginning July 1, 2011, and ending June 30, 2012, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For the state supplementary assistance program: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,850,747 29 2. The department shall increase the personal needs 30 allowance for residents of residential care facilities by the 31 same percentage and at the same time as federal supplemental 32 security income and federal social security benefits are 33 increased due to a recognized increase in the cost of living. 34 The department may adopt emergency rules to implement this 35 -178- LSB 2811HV (1) 84 tm/jp 178/ 518
H.F. 697 subsection. 1 3. If during the fiscal year beginning July 1, 2011, 2 the department projects that state supplementary assistance 3 expenditures for a calendar year will not meet the federal 4 pass-through requirement specified in Tit. XVI of the federal 5 Social Security Act, section 1618, as codified in 42 U.S.C. 6 § 1382g, the department may take actions including but not 7 limited to increasing the personal needs allowance for 8 residential care facility residents and making programmatic 9 adjustments or upward adjustments of the residential care 10 facility or in-home health-related care reimbursement rates 11 prescribed in this division of this Act to ensure that federal 12 requirements are met. In addition, the department may make 13 other programmatic and rate adjustments necessary to remain 14 within the amount appropriated in this section while ensuring 15 compliance with federal requirements. The department may adopt 16 emergency rules to implement the provisions of this subsection. 17 Sec. 228. CHILDREN’S HEALTH INSURANCE PROGRAM. 18 There is appropriated from the general fund of the state to 19 the department of human services for the fiscal year beginning 20 July 1, 2011, and ending June 30, 2012, the following amount, 21 or so much thereof as is necessary, to be used for the purpose 22 designated: 23 For maintenance of the healthy and well kids in Iowa (hawk-i) 24 program pursuant to chapter 514I, including supplemental dental 25 services, for receipt of federal financial participation under 26 Tit. XXI of the federal Social Security Act, which creates the 27 children’s health insurance program: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,677,152 29 Sec. 229. CHILD CARE ASSISTANCE. There is appropriated 30 from the general fund of the state to the department of human 31 services for the fiscal year beginning July 1, 2011, and ending 32 June 30, 2012, the following amount, or so much thereof as is 33 necessary, to be used for the purpose designated: 34 For child care programs: 35 -179- LSB 2811HV (1) 84 tm/jp 179/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,237,662 1 1. Of the funds appropriated in this section, $51,868,235 2 shall be used for state child care assistance in accordance 3 with section 237A.13. 4 2. Nothing in this section shall be construed or is 5 intended as or shall imply a grant of entitlement for services 6 to persons who are eligible for assistance due to an income 7 level consistent with the waiting list requirements of section 8 237A.13. Any state obligation to provide services pursuant to 9 this section is limited to the extent of the funds appropriated 10 in this section. 11 3. Of the funds appropriated in this section, $432,453 is 12 allocated for the statewide program for child care resource 13 and referral services under section 237A.26. A list of the 14 registered and licensed child care facilities operating in the 15 area served by a child care resource and referral service shall 16 be made available to the families receiving state child care 17 assistance in that area. 18 4. Of the funds appropriated in this section, $936,974 19 is allocated for child care quality improvement initiatives 20 including but not limited to the voluntary quality rating 21 system in accordance with section 237.30. 22 5. The department may use any of the funds appropriated 23 in this section as a match to obtain federal funds for use in 24 expanding child care assistance and related programs. For 25 the purpose of expenditures of state and federal child care 26 funding, funds shall be considered obligated at the time 27 expenditures are projected or are allocated to the department’s 28 service areas. Projections shall be based on current and 29 projected caseload growth, current and projected provider 30 rates, staffing requirements for eligibility determination 31 and management of program requirements including data systems 32 management, staffing requirements for administration of the 33 program, contractual and grant obligations and any transfers 34 to other state agencies, and obligations for decategorization 35 -180- LSB 2811HV (1) 84 tm/jp 180/ 518
H.F. 697 or innovation projects. 1 6. A portion of the state match for the federal child care 2 and development block grant shall be provided as necessary to 3 meet federal matching funds requirements through the state 4 general fund appropriation made for child development grants 5 and other programs for at-risk children in section 279.51. 6 7. If a uniform reduction ordered by the governor under 7 section 8.31 or other operation of law, transfer, or federal 8 funding reduction reduces the appropriation made in this 9 section for the fiscal year, the percentage reduction in the 10 amount paid out to or on behalf of the families participating 11 in the state child care assistance program shall be equal to or 12 less than the percentage reduction made for any other purpose 13 payable from the appropriation made in this section and the 14 federal funding relating to it. The percentage reduction to 15 the other allocations made in this section shall be the same as 16 the uniform reduction ordered by the governor or the percentage 17 change of the federal funding reduction, as applicable. 18 If there is an unanticipated increase in federal funding 19 provided for state child care assistance, the entire amount 20 of the increase shall be used for state child care assistance 21 payments. If the appropriations made for purposes of the 22 state child care assistance program for the fiscal year are 23 determined to be insufficient, it is the intent of the general 24 assembly to appropriate sufficient funding for the fiscal year 25 in order to avoid establishment of waiting list requirements. 26 8. Notwithstanding section 8.33, moneys appropriated in 27 this section or received from the federal appropriations made 28 for the purposes of this section that remain unencumbered or 29 unobligated at the close of the fiscal year shall not revert 30 to any fund but shall remain available for expenditure for the 31 purposes designated until the close of the succeeding fiscal 32 year. 33 Sec. 230. JUVENILE INSTITUTIONS. There is appropriated 34 from the general fund of the state to the department of human 35 -181- LSB 2811HV (1) 84 tm/jp 181/ 518
H.F. 697 services for the fiscal year beginning July 1, 2011, and ending 1 June 30, 2012, the following amounts, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 1. For operation of the Iowa juvenile home at Toledo and for 4 salaries, support, maintenance, and miscellaneous purposes, and 5 for not more than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,258,251 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 8 2. For operation of the state training school at Eldora and 9 for salaries, support, maintenance, and miscellaneous purposes, 10 and for not more than the following full-time equivalent 11 positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,638,677 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 14 Of the funds appropriated in this subsection, $91,150 shall 15 be used for distribution to licensed classroom teachers at this 16 and other institutions under the control of the department of 17 human services based upon the average student yearly enrollment 18 at each institution as determined by the department. 19 3. A portion of the moneys appropriated in this section 20 shall be used by the state training school and by the Iowa 21 juvenile home for grants for adolescent pregnancy prevention 22 activities at the institutions in the fiscal year beginning 23 July 1, 2011. 24 Sec. 231. CHILD AND FAMILY SERVICES. 25 1. There is appropriated from the general fund of the 26 state to the department of human services for the fiscal year 27 beginning July 1, 2011, and ending June 30, 2012, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For child and family services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82,330,967 32 2. In order to address a reduction of $5,200,000 from the 33 amount allocated under the appropriation made for the purposes 34 of this section in prior years for purposes of juvenile 35 -182- LSB 2811HV (1) 84 tm/jp 182/ 518
H.F. 697 delinquent graduated sanction services, up to $5,200,000 of the 1 amount of federal temporary assistance for needy families block 2 grant funding appropriated in this division of this Act for 3 child and family services shall be made available for purposes 4 of juvenile delinquent graduated sanction services. 5 3. The department may transfer funds appropriated in this 6 section as necessary to pay the nonfederal costs of services 7 reimbursed under the medical assistance program, state child 8 care assistance program, or the family investment program which 9 are provided to children who would otherwise receive services 10 paid under the appropriation in this section. The department 11 may transfer funds appropriated in this section to the 12 appropriations made in this division of this Act for general 13 administration and for field operations for resources necessary 14 to implement and operate the services funded in this section. 15 4. a. Of the funds appropriated in this section, up to 16 $30,169,129 is allocated as the statewide expenditure target 17 under section 232.143 for group foster care maintenance and 18 services. If the department projects that such expenditures 19 for the fiscal year will be less than the target amount 20 allocated in this lettered paragraph, the department may 21 reallocate the excess to provide additional funding for shelter 22 care or the child welfare emergency services addressed with the 23 allocation for shelter care. 24 b. If at any time after September 30, 2011, annualization 25 of a service area’s current expenditures indicates a service 26 area is at risk of exceeding its group foster care expenditure 27 target under section 232.143 by more than 5 percent, the 28 department and juvenile court services shall examine all 29 group foster care placements in that service area in order to 30 identify those which might be appropriate for termination. 31 In addition, any aftercare services believed to be needed 32 for the children whose placements may be terminated shall be 33 identified. The department and juvenile court services shall 34 initiate action to set dispositional review hearings for the 35 -183- LSB 2811HV (1) 84 tm/jp 183/ 518
H.F. 697 placements identified. In such a dispositional review hearing, 1 the juvenile court shall determine whether needed aftercare 2 services are available and whether termination of the placement 3 is in the best interest of the child and the community. 4 5. In accordance with the provisions of section 232.188, 5 the department shall continue the child welfare and juvenile 6 justice funding initiative during fiscal year 2011-2012. Of 7 the funds appropriated in this section, $1,717,753 is allocated 8 specifically for expenditure for fiscal year 2011-2012 through 9 the decategorization service funding pools and governance 10 boards established pursuant to section 232.188. However, if 11 this subsection is enacted on or after June 15, 2011, the 12 determination shall be made not later than 10 calendar days 13 after the effective date. 14 6. A portion of the funds appropriated in this section 15 may be used for emergency family assistance to provide other 16 resources required for a family participating in a family 17 preservation or reunification project or successor project to 18 stay together or to be reunified. 19 7. Notwithstanding section 234.35 or any other provision 20 of law to the contrary, state funding for shelter care and 21 the child welfare emergency services contracting implemented 22 to provide for or prevent the need for shelter care shall be 23 limited to $7,170,116. The department may execute contracts 24 that result from the department’s request for proposal, bid 25 number ACFS-11-114, to provide the range of child welfare 26 emergency services described in the request for proposals, and 27 any subsequent amendments to the request for proposals. 28 8. Federal funds received by the state during the fiscal 29 year beginning July 1, 2011, as the result of the expenditure 30 of state funds appropriated during a previous state fiscal 31 year for a service or activity funded under this section are 32 appropriated to the department to be used as additional funding 33 for services and purposes provided for under this section. 34 Notwithstanding section 8.33, moneys received in accordance 35 -184- LSB 2811HV (1) 84 tm/jp 184/ 518
H.F. 697 with this subsection that remain unencumbered or unobligated at 1 the close of the fiscal year shall not revert to any fund but 2 shall remain available for the purposes designated until the 3 close of the succeeding fiscal year. 4 9. Of the funds appropriated in this section, at least 5 $3,696,285 shall be used for protective child care assistance. 6 10. a. Of the funds appropriated in this section, up to 7 $2,062,488 is allocated for the payment of the expenses of 8 court-ordered services provided to juveniles who are under the 9 supervision of juvenile court services, which expenses are a 10 charge upon the state pursuant to section 232.141, subsection 11 4. Of the amount allocated in this lettered paragraph, up to 12 $1,556,287 shall be made available to provide school-based 13 supervision of children adjudicated under chapter 232, of which 14 not more than $15,000 may be used for the purpose of training. 15 A portion of the cost of each school-based liaison officer 16 shall be paid by the school district or other funding source as 17 approved by the chief juvenile court officer. 18 b. Of the funds appropriated in this section, up to $748,985 19 is allocated for the payment of the expenses of court-ordered 20 services provided to children who are under the supervision 21 of the department, which expenses are a charge upon the state 22 pursuant to section 232.141, subsection 4. 23 c. Notwithstanding section 232.141 or any other provision 24 of law to the contrary, the amounts allocated in this 25 subsection shall be distributed to the judicial districts 26 as determined by the state court administrator and to the 27 department’s service areas as determined by the administrator 28 of the department’s division of child and family services. 29 The state court administrator and the division administrator 30 shall make the determination of the distribution amounts on or 31 before June 15, 2011. However, if this subsection is enacted 32 on or after June 15, 2011, the determination shall be made not 33 later than 10 calendar days after the effective date of this 34 subsection. 35 -185- LSB 2811HV (1) 84 tm/jp 185/ 518
H.F. 697 d. Notwithstanding chapter 232 or any other provision of 1 law to the contrary, a district or juvenile court shall not 2 order any service which is a charge upon the state pursuant 3 to section 232.141 if there are insufficient court-ordered 4 services funds available in the district court or departmental 5 service area distribution amounts to pay for the service. The 6 chief juvenile court officer and the departmental service area 7 manager shall encourage use of the funds allocated in this 8 subsection such that there are sufficient funds to pay for 9 all court-related services during the entire year. The chief 10 juvenile court officers and departmental service area managers 11 shall attempt to anticipate potential surpluses and shortfalls 12 in the distribution amounts and shall cooperatively request the 13 state court administrator or division administrator to transfer 14 funds between the judicial districts’ or departmental service 15 areas’ distribution amounts as prudent. 16 e. Notwithstanding any provision of law to the contrary, 17 a district or juvenile court shall not order a county to pay 18 for any service provided to a juvenile pursuant to an order 19 entered under chapter 232 which is a charge upon the state 20 under section 232.141, subsection 4. 21 f. Of the funds allocated in this subsection, not more than 22 $83,000 may be used by the judicial branch for administration 23 of the requirements under this subsection. 24 g. Of the funds allocated in this subsection, $17,000 25 shall be used by the department of human services to support 26 the interstate commission for juveniles in accordance with 27 the interstate compact for juveniles as provided in section 28 232.173. 29 11. Of the funds appropriated in this section, $5,422,602 is 30 allocated for juvenile delinquent graduated sanctions services. 31 Any state funds saved as a result of efforts by juvenile court 32 services to earn federal Tit. IV-E match for juvenile court 33 services administration may be used for the juvenile delinquent 34 graduated sanctions services. 35 -186- LSB 2811HV (1) 84 tm/jp 186/ 518
H.F. 697 12. Of the funds appropriated in this section, $988,285 1 shall be transferred to the department of public health to 2 be used for the child protection center grant program in 3 accordance with section 135.118. 4 13. If the department receives federal approval to 5 implement a waiver under Tit. IV-E of the federal Social 6 Security Act to enable providers to serve children who remain 7 in the children’s families and communities, for purposes of 8 eligibility under the medical assistance program, children who 9 participate in the waiver shall be considered to be placed in 10 foster care. 11 14. Of the funds appropriated in this section, $3,069,832 is 12 allocated for the preparation for adult living program pursuant 13 to section 234.46. 14 15. Of the funds appropriated in this section, $520,150 15 shall be used for juvenile drug courts. The amount allocated 16 in this subsection shall be distributed as follows: 17 To the judicial branch for salaries to assist with the 18 operation of juvenile drug court programs operated in the 19 following jurisdictions: 20 a. Marshall county: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,708 22 b. Woodbury county: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,682 24 c. Polk county: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,892 26 d. The third judicial district: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 28 e. The eighth judicial district: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 30 16. Of the funds appropriated in this section, $227,337 31 shall be used for the public purpose of providing a grant to 32 a nonprofit human services organization providing services to 33 individuals and families in multiple locations in southwest 34 Iowa and Nebraska for support of a project providing immediate, 35 -187- LSB 2811HV (1) 84 tm/jp 187/ 518
H.F. 697 sensitive support and forensic interviews, medical exams, needs 1 assessments, and referrals for victims of child abuse and their 2 nonoffending family members. 3 17. Of the funds appropriated in this section, $125,590 4 is allocated for the elevate approach of providing a support 5 network to children placed in foster care. 6 18. Of the funds appropriated in this section, $202,000 is 7 allocated for use pursuant to section 235A.1 for continuation 8 of the initiative to address child sexual abuse implemented 9 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 10 21. 11 19. Of the funds appropriated in this section, $630,240 is 12 allocated for the community partnership for child protection 13 sites. 14 20. Of the funds appropriated in this section, $371,250 15 is allocated for the department’s minority youth and family 16 projects under the redesign of the child welfare system. 17 21. Of the funds appropriated in this section, $1,200,495 18 is allocated for funding of the state match for the federal 19 substance abuse and mental health services administration 20 (SAMHSA) system of care grant. 21 22. Of the funds appropriated in this section, at least 22 $147,158 shall be used for the child welfare training academy. 23 23. Of the funds appropriated in this section, $25,000 24 shall be used for the public purpose of providing a grant to 25 a child welfare services provider headquartered in a county 26 with a population between 205,000 and 215,000 in the latest 27 certified federal census that provides multiple services 28 including but not limited to a psychiatric medical institution 29 for children, shelter, residential treatment, after school 30 programs, school-based programming, and an Asperger’s syndrome 31 program, to be used for support services for children with 32 autism spectrum disorder and their families. 33 24. Of the funds appropriated in this section, $250,804 34 shall be used for the public purpose of continuing the central 35 -188- LSB 2811HV (1) 84 tm/jp 188/ 518
H.F. 697 Iowa system of care program grant through June 30, 2012. 1 25. Of the funds appropriated in this section, $160,000 2 shall be used for the public purpose of providing a system of 3 care grant to be implemented in Mason City and Cedar Rapids by 4 a nonprofit agency which has been in existence more than 37 5 years and is headquartered in a county with a population of 6 more than 200,000 but less than 300,000, according to the 2010 7 census issued by the United States bureau of the census, and is 8 providing child welfare treatment and prevention services in at 9 least 19 locations throughout the state of Iowa. 10 Sec. 232. ADOPTION SUBSIDY. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For adoption subsidy payments and services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,897,591 18 2. The department may transfer funds appropriated in 19 this section to the appropriation made in this division of 20 this Act for general administration for costs paid from the 21 appropriation relating to adoption subsidy. 22 3. Federal funds received by the state during the 23 fiscal year beginning July 1, 2011, as the result of the 24 expenditure of state funds during a previous state fiscal 25 year for a service or activity funded under this section are 26 appropriated to the department to be used as additional funding 27 for the services and activities funded under this section. 28 Notwithstanding section 8.33, moneys received in accordance 29 with this subsection that remain unencumbered or unobligated 30 at the close of the fiscal year shall not revert to any fund 31 but shall remain available for expenditure for the purposes 32 designated until the close of the succeeding fiscal year. 33 Sec. 233. JUVENILE DETENTION HOME FUND. 34 1. Moneys deposited in the juvenile detention home fund 35 -189- LSB 2811HV (1) 84 tm/jp 189/ 518
H.F. 697 created in section 232.142 during the fiscal year beginning 1 July 1, 2011, and ending June 30, 2012, are appropriated to 2 the department of human services for the fiscal year beginning 3 July 1, 2011, and ending June 30, 2012, for distribution of an 4 amount equal to a percentage of the costs of the establishment, 5 improvement, operation, and maintenance of county or 6 multicounty juvenile detention homes in the fiscal year 7 beginning July 1, 2010. Moneys appropriated for distribution 8 in accordance with this section shall be allocated among 9 eligible detention homes, prorated on the basis of an eligible 10 detention home’s proportion of the costs of all eligible 11 detention homes in the fiscal year beginning July 1, 2010. 12 The percentage figure shall be determined by the department 13 based on the amount available for distribution for the fund. 14 Notwithstanding section 232.142, subsection 3, the financial 15 aid payable by the state under that provision for the fiscal 16 year beginning July 1, 2011, shall be limited to the amount 17 appropriated for the purposes of this section. 18 2. Representatives of chief juvenile court officers, 19 the department of human rights, and the department of human 20 services shall work with juvenile detention centers and other 21 stakeholders to review the current methodology for distribution 22 of moneys from the juvenile detention home fund, consider 23 alternative distribution methodologies, and report findings 24 and recommendations to the persons designated by this division 25 of this Act for the submission of reports by December 15, 26 2011. It is the intent of the general assembly to shift 27 responsibility for administering the fund from the department 28 of human services to the division of criminal and juvenile 29 justice planning of the department of human rights, effective 30 with the fiscal year beginning July 1, 2012. 31 Sec. 234. FAMILY SUPPORT SUBSIDY PROGRAM. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2011, and ending June 30, 2012, the following 35 -190- LSB 2811HV (1) 84 tm/jp 190/ 518
H.F. 697 amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For the family support subsidy program subject to the 3 enrollment restrictions in section 225C.37, subsection 3: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,167,998 5 2. The department shall use at least $385,500 of the moneys 6 appropriated in this section for the family support center 7 component of the comprehensive family support program under 8 section 225C.47. Not more than $25,000 of the amount allocated 9 in this subsection shall be used for administrative costs. 10 3. If at any time during the fiscal year, the amount of 11 funding available for the family support subsidy program 12 is reduced from the amount initially used to establish the 13 figure for the number of family members for whom a subsidy 14 is to be provided at any one time during the fiscal year, 15 notwithstanding section 225C.38, subsection 2, the department 16 shall revise the figure as necessary to conform to the amount 17 of funding available. 18 Sec. 235. CONNER DECREE. There is appropriated from the 19 general fund of the state to the department of human services 20 for the fiscal year beginning July 1, 2011, and ending June 30, 21 2012, the following amount, or so much thereof as is necessary, 22 to be used for the purpose designated: 23 For building community capacity through the coordination 24 and provision of training opportunities in accordance with the 25 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 26 Iowa, July 14, 1994): 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,622 28 Sec. 236. MENTAL HEALTH INSTITUTES. 29 There is appropriated from the general fund of the state to 30 the department of human services for the fiscal year beginning 31 July 1, 2011, and ending June 30, 2012, the following amounts, 32 or so much thereof as is necessary, to be used for the purposes 33 designated: 34 1. For the state mental health institute at Cherokee for 35 -191- LSB 2811HV (1) 84 tm/jp 191/ 518
H.F. 697 salaries, support, maintenance, and miscellaneous purposes, and 1 for not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,877,308 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 4 2. For the state mental health institute at Clarinda for 5 salaries, support, maintenance, and miscellaneous purposes, and 6 for not more than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,411,734 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 9 3. For the state mental health institute at Independence for 10 salaries, support, maintenance, and miscellaneous purposes, and 11 for not more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,275,685 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 14 4. For the state mental health institute at Mount Pleasant 15 for salaries, support, maintenance, and miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 944,323 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 91.72 20 Sec. 237. STATE RESOURCE CENTERS. 21 1. There is appropriated from the general fund of the 22 state to the department of human services for the fiscal year 23 beginning July 1, 2011, and ending June 30, 2012, the following 24 amounts, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 a. For the state resource center at Glenwood for salaries, 27 support, maintenance, and miscellaneous purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,607,801 29 b. For the state resource center at Woodward for salaries, 30 support, maintenance, and miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,885,658 32 2. The department may continue to bill for state resource 33 center services utilizing a scope of services approach used for 34 private providers of ICFMR services, in a manner which does not 35 -192- LSB 2811HV (1) 84 tm/jp 192/ 518
H.F. 697 shift costs between the medical assistance program, counties, 1 or other sources of funding for the state resource centers. 2 3. The state resource centers may expand the time-limited 3 assessment and respite services during the fiscal year. 4 4. If the department’s administration and the department 5 of management concur with a finding by a state resource 6 center’s superintendent that projected revenues can reasonably 7 be expected to pay the salary and support costs for a new 8 employee position, or that such costs for adding a particular 9 number of new positions for the fiscal year would be less 10 than the overtime costs if new positions would not be added, 11 the superintendent may add the new position or positions. If 12 the vacant positions available to a resource center do not 13 include the position classification desired to be filled, the 14 state resource center’s superintendent may reclassify any 15 vacant position as necessary to fill the desired position. The 16 superintendents of the state resource centers may, by mutual 17 agreement, pool vacant positions and position classifications 18 during the course of the fiscal year in order to assist one 19 another in filling necessary positions. 20 5. If existing capacity limitations are reached in 21 operating units, a waiting list is in effect for a service or 22 a special need for which a payment source or other funding 23 is available for the service or to address the special need, 24 and facilities for the service or to address the special need 25 can be provided within the available payment source or other 26 funding, the superintendent of a state resource center may 27 authorize opening not more than two units or other facilities 28 and begin implementing the service or addressing the special 29 need during fiscal year 2011-2012. 30 Sec. 238. MI/MR/DD STATE CASES. 31 1. There is appropriated from the general fund of the 32 state to the department of human services for the fiscal year 33 beginning July 1, 2011, and ending June 30, 2012, the following 34 amount, or so much thereof as is necessary, to be used for the 35 -193- LSB 2811HV (1) 84 tm/jp 193/ 518
H.F. 697 purpose designated: 1 For distribution to counties for state case services 2 for persons with mental illness, mental retardation, and 3 developmental disabilities in accordance with section 331.440: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,169,482 5 2. For the fiscal year beginning July 1, 2011, and ending 6 June 30, 2012, $200,000 is allocated for state case services 7 from the amounts appropriated from the fund created in section 8 8.41 to the department of human services from the funds 9 received from the federal government under 42 U.S.C. ch. 6A, 10 subch. XVII, relating to the community mental health center 11 block grant, for the federal fiscal years beginning October 12 1, 2009, and ending September 30, 2010, beginning October 1, 13 2010, and ending September 30, 2011, and beginning October 1, 14 2011, and ending September 30, 2012. The allocation made in 15 this subsection shall be made prior to any other distribution 16 allocation of the appropriated federal funds. 17 3. Notwithstanding section 8.33, moneys appropriated in 18 this section that remain unencumbered or unobligated at the 19 close of the fiscal year shall not revert but shall remain 20 available for expenditure for the purposes designated until the 21 close of the succeeding fiscal year. 22 Sec. 239. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 23 —— COMMUNITY SERVICES FUND. There is appropriated from 24 the general fund of the state to the mental health and 25 developmental disabilities community services fund created in 26 section 225C.7 for the fiscal year beginning July 1, 2011, and 27 ending June 30, 2012, the following amount, or so much thereof 28 as is necessary, to be used for the purpose designated: 29 For mental health and developmental disabilities community 30 services in accordance with this division of this Act: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,211,100 32 1. Of the funds appropriated in this section, $14,187,556 33 shall be allocated to counties for funding of community-based 34 mental health and developmental disabilities services. The 35 -194- LSB 2811HV (1) 84 tm/jp 194/ 518
H.F. 697 moneys shall be allocated to a county as follows: 1 a. Fifty percent based upon the county’s proportion of the 2 state’s population of persons with an annual income which is 3 equal to or less than the poverty guideline established by the 4 federal office of management and budget. 5 b. Fifty percent based upon the county’s proportion of the 6 state’s general population. 7 2. a. A county shall utilize the funding the county 8 receives pursuant to subsection 1 for services provided to 9 persons with a disability, as defined in section 225C.2. 10 However, no more than 50 percent of the funding shall be used 11 for services provided to any one of the service populations. 12 b. A county shall use at least 50 percent of the funding the 13 county receives under subsection 1 for contemporary services 14 provided to persons with a disability, as described in rules 15 adopted by the department. 16 3. Of the funds appropriated in this section, $23,544 17 shall be used to support the Iowa compass program providing 18 computerized information and referral services for Iowans with 19 disabilities and their families. 20 4. a. Funding appropriated for purposes of the federal 21 social services block grant is allocated for distribution 22 to counties for local purchase of services for persons with 23 mental illness or mental retardation or other developmental 24 disability. 25 b. The funds allocated in this subsection shall be expended 26 by counties in accordance with the county’s county management 27 plan approved by the board of supervisors. A county without 28 an approved county management plan shall not receive allocated 29 funds until the county’s management plan is approved. 30 c. The funds provided by this subsection shall be allocated 31 to each county as follows: 32 (1) Fifty percent based upon the county’s proportion of the 33 state’s population of persons with an annual income which is 34 equal to or less than the poverty guideline established by the 35 -195- LSB 2811HV (1) 84 tm/jp 195/ 518
H.F. 697 federal office of management and budget. 1 (2) Fifty percent based upon the amount provided to the 2 county for local purchase of services in the preceding fiscal 3 year. 4 5. A county is eligible for funds under this section if the 5 county qualifies for a state payment as described in section 6 331.439. 7 6. The latest certified census issued by the United States 8 bureau of the census shall be applied for the population 9 factors utilized in this section. 10 Sec. 240. SEXUALLY VIOLENT PREDATORS. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For costs associated with the commitment and treatment of 17 sexually violent predators in the unit located at the state 18 mental health institute at Cherokee, including costs of legal 19 services and other associated costs, including salaries, 20 support, maintenance, and miscellaneous purposes, and for not 21 more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,550,727 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 24 2. Unless specifically prohibited by law, if the amount 25 charged provides for recoupment of at least the entire amount 26 of direct and indirect costs, the department of human services 27 may contract with other states to provide care and treatment 28 of persons placed by the other states at the unit for sexually 29 violent predators at Cherokee. The moneys received under 30 such a contract shall be considered to be repayment receipts 31 and used for the purposes of the appropriation made in this 32 section. 33 Sec. 241. FIELD OPERATIONS. There is appropriated from the 34 general fund of the state to the department of human services 35 -196- LSB 2811HV (1) 84 tm/jp 196/ 518
H.F. 697 for the fiscal year beginning July 1, 2011, and ending June 30, 1 2012, the following amount, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 For field operations, including salaries, support, 4 maintenance, and miscellaneous purposes, and for not more than 5 the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,339,921 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 8 Priority in filling full-time equivalent positions shall be 9 given to those positions related to child protection services 10 and eligibility determination for low-income families. 11 Sec. 242. GENERAL ADMINISTRATION. There is appropriated 12 from the general fund of the state to the department of human 13 services for the fiscal year beginning July 1, 2011, and ending 14 June 30, 2012, the following amount, or so much thereof as is 15 necessary, to be used for the purpose designated: 16 For general administration, including salaries, support, 17 maintenance, and miscellaneous purposes, and for not more than 18 the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,146,745 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 290.00 21 1. Of the funds appropriated in this section, $38,543 22 allocated for the prevention of disabilities policy council 23 established in section 225B.3. 24 2. The department shall report at least monthly to the 25 legislative services agency concerning the department’s 26 operational and program expenditures. 27 3. Of the funds appropriated in this section, $132,300 shall 28 be used to contract with a statewide association representing 29 community providers of mental health, mental retardation and 30 brain injury services programs to provide technical assistance, 31 support, and consultation to providers of habilitation 32 services and home and community-based waiver services for 33 adults with disabilities under the medical assistance program. 34 Notwithstanding section 8.47 or any other provision of law to 35 -197- LSB 2811HV (1) 84 tm/jp 197/ 518
H.F. 697 the contrary, the department may utilize a sole source approach 1 to contract with the association. 2 4. Of the funds appropriated in this section, $176,400 3 shall be used to contract with an appropriate entity to 4 expand the provision of nationally accredited and recognized 5 internet-based training to include mental health and disability 6 services providers. Notwithstanding section 8.47 or any other 7 provision of law to the contrary, the department may utilize a 8 sole site source approach to enter into such contract. 9 5. Of the funds appropriated in this section, $500,000 10 shall be used for implementation of child protection system 11 improvements addressed in 2011 Iowa Acts, House File 562, as 12 enacted. 13 Sec. 243. VOLUNTEERS. There is appropriated from the 14 general fund of the state to the department of human services 15 for the fiscal year beginning July 1, 2011, and ending June 30, 16 2012, the following amount, or so much thereof as is necessary, 17 to be used for the purpose designated: 18 For development and coordination of volunteer services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,660 20 Sec. 244. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 21 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 22 DEPARTMENT OF HUMAN SERVICES. 23 1. a. (1) For the fiscal year beginning July 1, 2011, 24 the total state funding amount for the nursing facility budget 25 shall not exceed $225,502,551. 26 (2) For the fiscal year beginning July 1, 2011, the 27 department shall rebase case-mix nursing facility rates 28 effective July 1, 2011. However, total nursing facility budget 29 expenditures, including both case-mix and noncase-mix shall 30 not exceed the amount specified in subparagraph (1). When 31 calculating case-mix per diem cost and the patient-day-weighted 32 medians used in rate-setting for nursing facilities effective 33 July 1, 2011, the inflation factor applied from the midpoint 34 of the cost report period to the first day of the state fiscal 35 -198- LSB 2811HV (1) 84 tm/jp 198/ 518
H.F. 697 year rate period shall be adjusted to maintain state funding 1 within the amount specified in subparagraph (1). 2 (3) The department, in cooperation with nursing facility 3 representatives, shall review projections for state funding 4 expenditures for reimbursement of nursing facilities on a 5 quarterly basis and the department shall determine if an 6 adjustment to the medical assistance reimbursement rate is 7 necessary in order to provide reimbursement within the state 8 funding amount for the fiscal year. Notwithstanding 2001 9 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 10 “c”, and subsection 3, paragraph “a”, subparagraph (2), 11 if the state funding expenditures for the nursing facility 12 budget for the fiscal year is projected to exceed the amount 13 specified in subparagraph (1), the department shall adjust 14 the reimbursement for nursing facilities reimbursed under the 15 case-mix reimbursement system to maintain expenditures of the 16 nursing facility budget within the specified amount for the 17 fiscal year. 18 (4) For the fiscal year beginning July 1, 2011, special 19 population nursing facilities shall be reimbursed in accordance 20 with the methodology in effect on June 30, 2011. 21 b. For the fiscal year beginning July 1, 2011, the 22 department shall reimburse pharmacy dispensing fees using a 23 single rate of $4.34 per prescription or the pharmacy’s usual 24 and customary fee, whichever is lower. However, the department 25 shall adjust the dispensing fee specified in this paragraph 26 to distribute an additional $3,000,000 in reimbursements for 27 pharmacy dispensing fees under this paragraph for the fiscal 28 year. 29 c. (1) For the fiscal year beginning July 1, 2011, 30 reimbursement rates for outpatient hospital services shall be 31 rebased effective January 1, 2012. 32 (2) For the fiscal year beginning July 1, 2011, 33 reimbursement rates for inpatient hospital services shall be 34 rebased effective October 1, 2011. 35 -199- LSB 2811HV (1) 84 tm/jp 199/ 518
H.F. 697 (3) The total amount of increased funding available for 1 reimbursement attributable to rebasing under this paragraph 2 for the fiscal year beginning July 1, 2011, shall not exceed 3 $4,500,000. 4 (4) For the fiscal year beginning July 1, 2011, the graduate 5 medical education and disproportionate share hospital fund 6 shall remain at the amount in effect on June 30, 2011, except 7 that the portion of the fund attributable to graduate medical 8 education shall be reduced in an amount that reflects the 9 elimination of graduate medical education payments made to 10 out-of-state hospitals. 11 (5) In order to ensure the efficient use of limited 12 state funds in procuring health care services for low-income 13 Iowans, funds appropriated in this division of this Act for 14 hospital services shall not be used for activities which 15 would be excluded from a determination of reasonable costs 16 under the federal Medicare program pursuant to 42 U.S.C. 17 § 1395X(v)(1)(N). 18 d. For the fiscal year beginning July 1, 2011, reimbursement 19 rates for rural health clinics, hospices, and acute mental 20 hospitals shall be increased in accordance with increases under 21 the federal Medicare program or as supported by their Medicare 22 audited costs. 23 e. For the fiscal year beginning July 1, 2011, independent 24 laboratories and rehabilitation agencies shall be reimbursed 25 using the same methodology in effect on June 30, 2011. 26 f. For the fiscal year beginning July 1, 2011, reimbursement 27 rates for home health agencies shall remain at the rates in 28 effect on June 30, 2011, not to exceed a home health agency’s 29 actual allowable cost. 30 g. For the fiscal year beginning July 1, 2011, federally 31 qualified health centers shall receive cost-based reimbursement 32 for 100 percent of the reasonable costs for the provision of 33 services to recipients of medical assistance. 34 h. For the fiscal year beginning July 1, 2011, the 35 -200- LSB 2811HV (1) 84 tm/jp 200/ 518
H.F. 697 reimbursement rates for dental services shall remain at the 1 rates in effect on June 30, 2011. 2 i. (1) For the fiscal year beginning July 1, 2011, 3 state-owned psychiatric medical institutions for children shall 4 receive cost-based reimbursement for 100 percent of the actual 5 and allowable costs for the provision of services to recipients 6 of medical assistance. 7 (2) (a) For the nonstate-owned psychiatric medical 8 institutions for children, reimbursement rates shall remain at 9 the rates in effect on June 30, 2011. However, the department 10 shall adjust the reimbursement rates in effect on June 30, 11 2011, to distribute an additional $350,000 in reimbursements 12 for nonstate-owned psychiatric medical institutions for 13 children under this subparagraph (2) for the fiscal year. 14 (b) The department, in consultation with representatives 15 of the nonstate-owned psychiatric medical institutions for 16 children, shall develop a reimbursement methodology to include 17 all ancillary medical services costs and any other changes 18 required for federal compliance, to be implemented on July 1, 19 2012. To the extent possible, the reimbursement methodology 20 shall be developed in a manner so as to be budget neutral to the 21 institutions and cost effective for the state. 22 j. For the fiscal year beginning July 1, 2011, unless 23 otherwise specified in the health and human services divisions 24 of this Act, all noninstitutional medical assistance provider 25 reimbursement rates shall remain at the rates in effect on June 26 30, 2011, except for area education agencies, local education 27 agencies, infant and toddler services providers, and those 28 providers whose rates are required to be determined pursuant 29 to section 249A.20. 30 k. Notwithstanding any provision to the contrary, for the 31 fiscal year beginning July 1, 2011, the reimbursement rate for 32 anesthesiologists shall remain at the rate in effect on June 33 30, 2011. 34 l. Notwithstanding section 249A.20, for the fiscal year 35 -201- LSB 2811HV (1) 84 tm/jp 201/ 518
H.F. 697 beginning July 1, 2011, the average reimbursement rate for 1 health care providers eligible for use of the federal Medicare 2 resource-based relative value scale reimbursement methodology 3 under that section shall remain at the rate in effect on June 4 30, 2011; however, this rate shall not exceed the maximum level 5 authorized by the federal government. 6 m. For the fiscal year beginning July 1, 2011, the 7 reimbursement rate for residential care facilities shall not 8 be less than the minimum payment level as established by the 9 federal government to meet the federally mandated maintenance 10 of effort requirement. The flat reimbursement rate for 11 facilities electing not to file annual cost reports shall not 12 be less than the minimum payment level as established by the 13 federal government to meet the federally mandated maintenance 14 of effort requirement. 15 n. For the fiscal year beginning July 1, 2011, inpatient 16 mental health services provided at hospitals shall be rebased 17 effective October 1, 2011, subject to Medicaid program upper 18 payment limit rules; community mental health centers and 19 providers of mental health services to county residents 20 pursuant to a waiver approved under section 225C.7, subsection 21 3, shall be reimbursed at 100 percent of the reasonable 22 costs for the provision of services to recipients of medical 23 assistance; and psychiatrists shall be reimbursed at the 24 medical assistance program fee for service rate. 25 o. For the fiscal year beginning July 1, 2011, the 26 reimbursement rate for consumer-directed attendant care shall 27 remain at the rates in effect on June 30, 2011. 28 p. For the fiscal year beginning July 1, 2011, the 29 reimbursement rate for providers of family planning services 30 that are eligible to receive a 90 percent federal match shall 31 remain at the rates in effect on June 30, 2011. 32 q. For the fiscal year beginning July 1, 2011, the 33 department shall adjust the rates in effect on June 30, 34 2011, for providers of home and community-based services 35 -202- LSB 2811HV (1) 84 tm/jp 202/ 518
H.F. 697 waiver services to distribute an additional $1,500,000 in 1 reimbursements to such providers for the fiscal year. 2 2. For the fiscal year beginning July 1, 2011, the 3 reimbursement rate for providers reimbursed under the 4 in-home-related care program shall not be less than the minimum 5 payment level as established by the federal government to meet 6 the federally mandated maintenance of effort requirement. 7 3. Unless otherwise directed in this section, when the 8 department’s reimbursement methodology for any provider 9 reimbursed in accordance with this section includes an 10 inflation factor, this factor shall not exceed the amount 11 by which the consumer price index for all urban consumers 12 increased during the calendar year ending December 31, 2002. 13 4. For the fiscal year beginning July 1, 2011, 14 notwithstanding section 234.38, the foster family basic daily 15 maintenance rate and the maximum adoption subsidy rate for 16 children ages 0 through 5 years shall be $15.74, the rate for 17 children ages 6 through 11 years shall be $16.37, the rate for 18 children ages 12 through 15 years shall be $17.92, and the 19 rate for children and young adults ages 16 and older shall be 20 $18.16. The maximum supervised apartment living foster care 21 reimbursement rate shall be $25.00 per day. For youth ages 22 18 to 21 who have exited foster care, the maximum preparation 23 for adult living program maintenance rate shall be $574.00 per 24 month. The maximum payment for adoption subsidy nonrecurring 25 expenses shall be limited to $500 and the disallowance of 26 additional amounts for court costs and other related legal 27 expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, 28 section 408 shall be continued. 29 5. For the fiscal year beginning July 1, 2011, the maximum 30 reimbursement rates under the supervised apartment living 31 program and for social services providers under contract 32 shall remain at the rates in effect on June 30, 2011, or the 33 provider’s actual and allowable cost plus inflation for each 34 service, whichever is less. However, if a new service or 35 -203- LSB 2811HV (1) 84 tm/jp 203/ 518
H.F. 697 service provider is added after June 30, 2011, the initial 1 reimbursement rate for the service or provider shall be 2 based upon actual and allowable costs. Providers may also 3 be eligible for an additional amount as specified under the 4 department’s request for proposal, bid number ACFS-11-115. 5 6. For the fiscal year beginning July 1, 2011, the 6 reimbursement rates for family-centered service providers, 7 family foster care service providers, group foster care service 8 providers, and the resource family recruitment and retention 9 contractor shall remain at the rates in effect on June 30, 10 2011. 11 7. The group foster care reimbursement rates paid for 12 placement of children out of state shall be calculated 13 according to the same rate-setting principles as those used for 14 in-state providers, unless the director of human services or 15 the director’s designee determines that appropriate care cannot 16 be provided within the state. The payment of the daily rate 17 shall be based on the number of days in the calendar month in 18 which service is provided. 19 8. a. For the fiscal year beginning July 1, 2011, the 20 reimbursement rate paid for shelter care and the child welfare 21 emergency services implemented to provide or prevent the need 22 for shelter care shall be established in a contract based on 23 the requirements of the department’s request for proposal, bid 24 number ACFS-11-114. 25 b. For the fiscal year beginning July 1, 2011, the combined 26 service and maintenance components of the reimbursement rate 27 paid for shelter care services shall be based on the financial 28 and statistical report submitted to the department. The 29 maximum reimbursement rate shall be $92.36 per day. The 30 department shall reimburse a shelter care provider at the 31 provider’s actual and allowable unit cost, plus inflation, not 32 to exceed the maximum reimbursement rate. 33 c. Notwithstanding section 232.141, subsection 8, for the 34 fiscal year beginning July 1, 2011, the amount of the statewide 35 -204- LSB 2811HV (1) 84 tm/jp 204/ 518
H.F. 697 average of the actual and allowable rates for reimbursement of 1 juvenile shelter care homes that is utilized for the limitation 2 on recovery of unpaid costs shall remain at the amount in 3 effect for this purpose in the fiscal year beginning July 1, 4 2010. 5 9. For the fiscal year beginning July 1, 2011, the 6 department shall calculate reimbursement rates for intermediate 7 care facilities for persons with mental retardation at the 8 80th percentile. Beginning July 1, 2011, the rate calculation 9 methodology shall utilize the consumer price index inflation 10 factor applicable to the fiscal year beginning July 1, 2011. 11 10. For the fiscal year beginning July 1, 2011, for child 12 care providers reimbursed under the state child care assistance 13 program, the department shall set provider reimbursement 14 rates based on the rate reimbursement survey completed in 15 December 2004. Effective July 1, 2011, the child care provider 16 reimbursement rates shall remain at the rates in effect on June 17 30, 2011. The department shall set rates in a manner so as 18 to provide incentives for a nonregistered provider to become 19 registered by applying the increase only to registered and 20 licensed providers. 21 11. The department may adopt emergency rules to implement 22 this section. 23 Sec. 245. EMERGENCY RULES. 24 1. If specifically authorized by a provision of this 25 division of this Act, the department of human services or 26 the mental health, and disability services commission may 27 adopt administrative rules under section 17A.4, subsection 28 3, and section 17A.5, subsection 2, paragraph “b”, to 29 implement the provisions and the rules shall become effective 30 immediately upon filing or on a later effective date specified 31 in the rules, unless the effective date is delayed by the 32 administrative rules review committee. Any rules adopted in 33 accordance with this section shall not take effect before 34 the rules are reviewed by the administrative rules review 35 -205- LSB 2811HV (1) 84 tm/jp 205/ 518
H.F. 697 committee. The delay authority provided to the administrative 1 rules review committee under section 17A.4, subsection 7, and 2 section 17A.8, subsection 9, shall be applicable to a delay 3 imposed under this section, notwithstanding a provision in 4 those sections making them inapplicable to section 17A.5, 5 subsection 2, paragraph “b”. Any rules adopted in accordance 6 with the provisions of this section shall also be published as 7 notice of intended action as provided in section 17A.4. 8 2. If during the fiscal year beginning July 1, 2011, the 9 department of human services is adopting rules in accordance 10 with this section or as otherwise directed or authorized by 11 state law, and the rules will result in an expenditure increase 12 beyond the amount anticipated in the budget process or if the 13 expenditure was not addressed in the budget process for the 14 fiscal year, the department shall notify the persons designated 15 by this division of this Act for submission of reports, 16 the chairpersons and ranking members of the committees on 17 appropriations, and the department of management concerning the 18 rules and the expenditure increase. The notification shall be 19 provided at least 30 calendar days prior to the date notice of 20 the rules is submitted to the administrative rules coordinator 21 and the administrative code editor. 22 Sec. 246. CIVIL MONETARY PENALTIES —— DIRECT CARE WORKER 23 INITIATIVES PROPOSAL. The department of human services shall 24 develop a proposal, in collaboration with the department of 25 public health, requesting federal approval for the use of 26 a portion of the funds received by the department of human 27 services as civil monetary penalties from nursing facilities 28 to support direct care worker initiatives that enhance the 29 quality of care in nursing facilities. The proposal shall 30 request use of the funds for direct care worker initiatives 31 based on recommendations of the direct care worker task force 32 established pursuant to 2005 Iowa Acts, chapter 88, as included 33 in the report submitted to the governor and the general 34 assembly in December 2006. Upon completion of the proposal, 35 -206- LSB 2811HV (1) 84 tm/jp 206/ 518
H.F. 697 the department of human services shall submit the proposal to 1 the centers for Medicare and Medicaid services of the United 2 States department of health and human services for approval. 3 The department of human services shall notify the persons 4 designated in this division of this Act for submission of 5 reports upon receipt of approval of the proposal. 6 Sec. 247. FEDERAL GRANTS REPORTING. During the fiscal year 7 beginning July 1, 2011, the departments and agencies receiving 8 an appropriation in the health and human services divisions of 9 this Act from the general fund of the state shall report to the 10 persons designated by this division of this Act for submission 11 of reports and the department of management within 60 calendar 12 days of applying for or renewing a federal grant with a value 13 over $1,000. The report shall list the federal funding source 14 and address the potential need for the commitment of state 15 funding in order to match or continue the funding provided by 16 the federal grant in the present or the future. 17 Sec. 248. REPORTS. Any reports or information required to 18 be compiled and submitted under the health and human services 19 divisions of this Act shall be submitted to the chairpersons 20 and ranking members of the joint appropriations subcommittee on 21 health and human services, the legislative services agency, and 22 the legislative caucus staffs on or before the dates specified 23 for submission of the reports or information. 24 Sec. 249. EFFECTIVE DATE. The following provision of this 25 division of this Act, being deemed of immediate importance, 26 take effect upon enactment: 27 The provision under the appropriation for child and family 28 services, relating to requirements of section 232.143 for 29 representatives of the department of human services and 30 juvenile court services to establish a plan for continuing 31 group foster care expenditures for fiscal year 2011-2012. 32 DIVISION XXVI 33 HEALTH AND HUMAN SERVICES 34 PHARMACEUTICAL SETTLEMENT ACCOUNT, 35 -207- LSB 2811HV (1) 84 tm/jp 207/ 518
H.F. 697 IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, 1 HEALTH CARE 2 TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, 3 QUALITY ASSURANCE TRUST FUND, 4 AND HOSPITAL HEALTH CARE ACCESS TRUST FUND 5 Sec. 250. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 6 appropriated from the pharmaceutical settlement account created 7 in section 249A.33 to the department of human services for the 8 fiscal year beginning July 1, 2011, and ending June 30, 2012, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purpose designated: 11 Notwithstanding any provision of law to the contrary, to 12 supplement the appropriations made in the department of human 13 services division of this Act for medical contracts under the 14 medical assistance program for the same fiscal year: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,433,613 16 Sec. 251. APPROPRIATIONS FROM IOWACARE ACCOUNT. 17 1. There is appropriated from the IowaCare account 18 created in section 249J.24 to the state board of regents for 19 distribution to the university of Iowa hospitals and clinics 20 for the fiscal year beginning July 1, 2011, and ending June 30, 21 2012, the following amount, or so much thereof as is necessary, 22 to be used for the purposes designated: 23 For salaries, support, maintenance, equipment, and 24 miscellaneous purposes, for the provision of medical and 25 surgical treatment of indigent patients, for provision of 26 services to members of the expansion population pursuant to 27 chapter 249J, and for medical education: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,284,584 29 a. Funds appropriated in this subsection shall not be used 30 to perform abortions except medically necessary abortions, 31 and shall not be used to operate the early termination of 32 pregnancy clinic except for the performance of medically 33 necessary abortions. For the purpose of this subsection, 34 medically necessary abortions are those performed under any of 35 -208- LSB 2811HV (1) 84 tm/jp 208/ 518
H.F. 697 the following conditions: 1 (1) The attending physician certifies that continuing the 2 pregnancy would endanger the life of the pregnant woman. 3 (2) Any spontaneous abortion, commonly known as a 4 miscarriage, if not all of the products of conception are 5 expelled. 6 b. Notwithstanding any provision of law to the contrary, 7 the amount appropriated in this subsection shall be distributed 8 based on claims submitted, adjudicated, and paid by the Iowa 9 Medicaid enterprise. 10 c. The university of Iowa hospitals and clinics shall 11 certify public expenditures in an amount equal to provide 12 the nonfederal share on total expenditures not to exceed 13 $20,000,000. 14 2. There is appropriated from the IowaCare account 15 created in section 249J.24 to the state board of regents for 16 distribution to the university of Iowa hospitals and clinics 17 for the fiscal year beginning July 1, 2011, and ending June 30, 18 2012, the following amount, or so much thereof as is necessary, 19 to be used for the purposes designated: 20 For salaries, support, maintenance, equipment, and 21 miscellaneous purposes, for the provision of medical and 22 surgical treatment of indigent patients, for provision of 23 services to members of the expansion population pursuant to 24 chapter 249J, and for medical education: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 26 Notwithstanding any provision of law to the contrary, the 27 amount appropriated in this subsection shall be distributed 28 based on claims submitted, adjudicated, and paid by the Iowa 29 Medicaid enterprise. 30 3. There is appropriated from the IowaCare account 31 created in section 249J.24, to the state board of regents for 32 distribution to university of Iowa physicians for the fiscal 33 year beginning July 1, 2011, and ending June 30, 2012, the 34 following amount, or so much thereof as is necessary to be used 35 -209- LSB 2811HV (1) 84 tm/jp 209/ 518
H.F. 697 for the purposes designated: 1 For salaries, support, maintenance, equipment, and 2 miscellaneous purposes for the provision of medical and 3 surgical treatment of indigent patients, for provision of 4 services to members of the expansion population pursuant to 5 chapter 249J, and for medical education: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 7 Notwithstanding any provision of law to the contrary, the 8 amount appropriated in this subsection shall be distributed 9 based on claims submitted, adjudicated, and paid by the Iowa 10 Medicaid enterprise. Once the entire amount appropriated in 11 this subsection has been distributed, claims shall continue to 12 be submitted and adjudicated by the Iowa Medicaid enterprise; 13 however, no payment shall be made based upon such claims. 14 4. There is appropriated from the IowaCare account created 15 in section 249J.24 to the department of human services for the 16 fiscal year beginning July 1, 2011, and ending June 30, 2012, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For distribution to a publicly owned acute care teaching 20 hospital located in a county with a population over 350,000 for 21 the provision of medical and surgical treatment of indigent 22 patients, for provision of services to members of the expansion 23 population pursuant to chapter 249J, and for medical education: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 25 a. Notwithstanding any provision of law to the contrary, 26 the amount appropriated in this subsection shall be distributed 27 based on claims submitted, adjudicated, and paid by the Iowa 28 Medicaid enterprise plus a monthly disproportionate share 29 hospital payment. Any amount appropriated in this subsection 30 in excess of $60,000,000 shall be distributed only if the sum 31 of the expansion population claims adjudicated and paid by the 32 Iowa Medicaid enterprise plus the estimated disproportionate 33 share hospital payments exceeds $60,000,000. The amount paid 34 in excess of $60,000,000 shall not adjust the original monthly 35 -210- LSB 2811HV (1) 84 tm/jp 210/ 518
H.F. 697 payment amount but shall be distributed monthly based on actual 1 claims adjudicated and paid by the Iowa Medicaid enterprise 2 plus the estimated disproportionate share hospital amount. Any 3 amount appropriated in this subsection in excess of $60,000,000 4 shall be allocated only if federal funds are available to match 5 the amount allocated. Pursuant to paragraph “b”, of the amount 6 appropriated in this subsection, not more than $4,000,000 shall 7 be distributed for prescription drugs and podiatry services. 8 b. Notwithstanding any provision of law to the contrary, the 9 hospital identified in this subsection, shall be reimbursed for 10 outpatient prescription drugs and podiatry services provided to 11 members of the expansion population pursuant to all applicable 12 medical assistance program rules, in an amount not to exceed 13 $4,000,000. 14 c. Notwithstanding the total amount of proceeds distributed 15 pursuant to section 249J.24, subsection 4, paragraph “a”, 16 unnumbered paragraph 1, for the fiscal year beginning July 17 1, 2011, and ending June 30, 2012, the county treasurer of a 18 county with a population of over 350,000 in which a publicly 19 owned acute care teaching hospital is located shall distribute 20 the proceeds collected pursuant to section 347.7 in a total 21 amount of $38,000,000, which would otherwise be distributed to 22 the county hospital, to the treasurer of state for deposit in 23 the IowaCare account. 24 d. (1) Notwithstanding the amount collected and 25 distributed for deposit in the IowaCare account pursuant to 26 section 249J.24, subsection 6, paragraph “a”, subparagraph 27 (1), the first $19,000,000 in proceeds collected pursuant to 28 section 347.7 between July 1, 2011, and December 31, 2011, 29 shall be distributed to the treasurer of state for deposit in 30 the IowaCare account and collections during this time period 31 in excess of $19,000,000 shall be distributed to the acute 32 care teaching hospital identified in this subsection. Of the 33 collections in excess of the $19,000,000 received by the acute 34 care teaching hospital under this subparagraph (1), $2,000,000 35 -211- LSB 2811HV (1) 84 tm/jp 211/ 518
H.F. 697 shall be distributed by the acute care teaching hospital to the 1 treasurer of state for deposit in the IowaCare account in the 2 month of January 2012, following the July 1 through December 3 31, 2011, period. 4 (2) Notwithstanding the amount collected and distributed 5 for deposit in the IowaCare account pursuant to section 6 249J.24, subsection 6, paragraph “a”, subparagraph (2), 7 the first $19,000,000 in collections pursuant to section 8 347.7 between January 1, 2012, and June 30, 2012, shall be 9 distributed to the treasurer of state for deposit in the 10 IowaCare account and collections during this time period in 11 excess of $19,000,000 shall be distributed to the acute care 12 teaching hospital identified in this subsection. Of the 13 collections in excess of the $19,000,000 received by the acute 14 care teaching hospital under this subparagraph (2), $2,000,000 15 shall be distributed by the acute care teaching hospital to the 16 treasurer of state for deposit in the IowaCare account in the 17 month of July 2012, following the January 1 through June 30, 18 2012, period. 19 5. There is appropriated from the IowaCare account created 20 in section 249J.24 to the department of human services for the 21 fiscal year beginning July 1, 2011, and ending June 30, 2012, 22 the following amount, or so much thereof as is necessary to be 23 used for the purpose designated: 24 For payment to the regional provider network specified 25 by the department pursuant to section 249J.7 for provision 26 of covered services to members of the expansion population 27 pursuant to chapter 249J: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 29 Notwithstanding any provision of law to the contrary, the 30 amount appropriated in this subsection shall be distributed 31 based on claims submitted, adjudicated, and paid by the Iowa 32 Medicaid enterprise. Once the entire amount appropriated in 33 this subsection has been distributed, claims shall continue to 34 be submitted and adjudicated by the Iowa Medicaid enterprise; 35 -212- LSB 2811HV (1) 84 tm/jp 212/ 518
H.F. 697 however, no payment shall be made based upon such claims. 1 6. There is appropriated from the IowaCare account created 2 in section 249J.24 to the department of human services for the 3 fiscal year beginning July 1, 2011, and ending June 30, 2012, 4 the following amount, or so much thereof as is necessary to be 5 used for the purposes designated: 6 For a care coordination pool to pay the expansion population 7 providers consisting of the university of Iowa hospitals and 8 clinics, the publicly owned acute care teaching hospital as 9 specified in section 249J.7, and current medical assistance 10 program providers that are not expansion population network 11 providers pursuant to section 249J.7, for services covered by 12 the full benefit medical assistance program but not under the 13 IowaCare program pursuant to section 249J.6, that are provided 14 to expansion population members: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 16 a. Notwithstanding sections 249J.6 and 249J.7, the amount 17 appropriated in this subsection is intended to provide 18 payment for medically necessary services provided to expansion 19 population members for continuation of care provided by the 20 university of Iowa hospitals and clinics or the publicly owned 21 acute care teaching hospital as specified in section 249J.7. 22 Payment may only be made for services that are not otherwise 23 covered under section 249J.6, and which are follow-up services 24 to covered services provided by the hospitals specified in this 25 paragraph “a”. 26 b. The funds appropriated in this subsection are intended 27 to provide limited payment for continuity of care services for 28 an expansion population member, and are intended to cover the 29 costs of services to expansion population members, regardless 30 of the member’s county of residence or medical home assignment, 31 if the care is related to specialty or hospital services 32 provided by the hospitals specified in paragraph “a”. 33 c. The funds appropriated in this subsection are 34 not intended to provide for expanded coverage under the 35 -213- LSB 2811HV (1) 84 tm/jp 213/ 518
H.F. 697 IowaCare program, and shall not be used to cover emergency 1 transportation services. 2 d. The department shall adopt administrative rules pursuant 3 to chapter 17A to establish a prior authorization process and 4 to identify covered services for reimbursement under this 5 subsection. 6 7. There is appropriated from the IowaCare account created 7 in section 249J.24 to the department of human services for the 8 fiscal year beginning July 1, 2011, and ending June 30, 2012, 9 the following amount or so much thereof as is necessary to be 10 used for the purposes designated: 11 For a laboratory test and radiology pool for services 12 authorized by a federally qualified health center designated 13 by the department as part of the IowaCare regional provider 14 network that does not have the capability to provide these 15 services on site: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 17 Notwithstanding sections 249J.6 and 249J.7, the amount 18 appropriated in this subsection is intended to provide 19 reimbursement for services provided to expansion population 20 members that have previously been paid for through expenditure 21 by designated regional provider network providers of their 22 own funds, not to expand coverage under the IowaCare program 23 or to expand the expansion population provider network. The 24 department shall designate the laboratory and radiology 25 provider associated with each designated regional provider 26 network provider that may receive reimbursement. The 27 department shall adopt administrative rules pursuant to chapter 28 17A to establish a prior authorization process and to identify 29 covered services for reimbursement under this subsection. 30 All other medical assistance program payment policies and 31 rules for laboratory and radiology services shall apply to 32 services provided under this subsection. If the entire amount 33 appropriated under this subsection is expended, laboratory 34 tests and radiology services ordered by a designated regional 35 -214- LSB 2811HV (1) 84 tm/jp 214/ 518
H.F. 697 provider network provider shall be the financial responsibility 1 of the regional provider network provider. 2 Sec. 252. APPROPRIATIONS FROM NONPARTICIPATING 3 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 4 SERVICES. Notwithstanding any provision to the contrary, and 5 subject to the availability of funds, there is appropriated 6 from the nonparticipating provider reimbursement fund created 7 in section 249J.24A to the department of human services for the 8 fiscal year beginning July 1, 2011, and ending June 30, 2012, 9 the following amount or so much thereof as is necessary for the 10 purposes designated: 11 To reimburse nonparticipating providers in accordance with 12 section 249J.24A: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 Sec. 253. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 15 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 16 Notwithstanding any provision to the contrary, there is 17 appropriated from the account for health care transformation 18 created in section 249J.23 to the department of human services 19 for the fiscal year beginning July 1, 2011, and ending June 20 30, 2012, the following amounts, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 1. For the provision of an IowaCare nurse helpline for the 23 expansion population as provided in section 249J.6: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 25 2. For other health promotion partnership activities 26 pursuant to section 249J.14: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 28 3. For the costs related to audits, performance 29 evaluations, and studies required pursuant to chapter 249J: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 31 4. For administrative costs associated with chapter 249J: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,132,412 33 5. For planning and development, in cooperation with the 34 department of public health, of a phased-in program to provide 35 -215- LSB 2811HV (1) 84 tm/jp 215/ 518
H.F. 697 a dental home for children in accordance with section 249J.14: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 2 6. For continuation of the establishment of the tuition 3 assistance for individuals serving individuals with 4 disabilities pilot program, as enacted in 2008 Iowa Acts, 5 chapter 1187, section 130: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 7 7. For medical contracts: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 9 8. For payment to the publicly owned acute care teaching 10 hospital located in a county with a population of over 350,000 11 that is a participating provider pursuant to chapter 249J: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 290,000 13 Disbursements under this subsection shall be made monthly. 14 The hospital shall submit a report following the close of the 15 fiscal year regarding use of the funds appropriated in this 16 subsection to the persons specified in this Act to receive 17 reports. 18 9. For transfer to the department of public health to be 19 used for the costs of medical home system advisory council 20 established pursuant to section 135.159, including for the 21 incorporation of the work and duties of the prevention and 22 chronic care management advisory council pursuant to section 23 135.161, as amended by the FY 2011-2012 health and human 24 services divisions of this Act: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 233,357 26 10. For implementation of a uniform cost report: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 28 The uniform cost report shall be used in the development 29 of specified Medicaid reimbursement rates over a multiyear 30 timeframe. The department of human services, in collaboration 31 with affected providers, shall finalize a uniform cost 32 report that includes provider type-specific cost schedules by 33 December 15, 2011. The uniform cost report shall be applied 34 to providers of home and community-based services waiver 35 -216- LSB 2811HV (1) 84 tm/jp 216/ 518
H.F. 697 services, habilitation services, case management services and 1 community mental health centers, residential care facilities, 2 psychiatric medical institutions for children, and intermediate 3 care facilities for the mentally retarded in the development of 4 Medicaid reimbursement rates. The department shall collaborate 5 with affected Medicaid providers to test the effectiveness of 6 the uniform cost report and determine the fiscal impact of 7 implementing the uniform cost report during the fiscal year 8 beginning July 1, 2012. A report of the findings and fiscal 9 impact shall be submitted to the governor and the general 10 assembly by December 31, 2013. The rates paid in the fiscal 11 year beginning July 1, 2014, shall be established using uniform 12 cost reports submitted in the fiscal year beginning July 1, 13 2012. Implementation of the uniform cost report shall be 14 limited to the extent of the funding available. 15 11. For implementation of an electronic medical records 16 system: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 18 a. The implementation of an electronic medical records 19 system shall include system purchase or development for home 20 and community-based services providers and mental health 21 services providers that comply with the requirements of federal 22 and state laws and regulation by the fiscal year beginning July 23 1, 2013. 24 b. The department shall analyze the costs and benefits of 25 providing an electronic medical records and billing system for 26 home and community-based services providers and mental health 27 services providers that comply with the requirements of federal 28 and state laws and regulation. The analysis shall include a 29 review of all of the following: including the capability for 30 an electronic medical records and billing system within the 31 procurement for the Medicaid management information system, 32 developing the system, and utilizing capacity within the 33 health information network established by the department of 34 public health. If the analysis demonstrates that a program 35 -217- LSB 2811HV (1) 84 tm/jp 217/ 518
H.F. 697 may be implemented in a cost-effective manner and within 1 available funds, the department may take steps to implement 2 such a system. The department shall report the results of 3 the analysis, activities, and recommendations to the persons 4 designated in the department of human services division of this 5 Act for submission of reports by December 15, 2011. 6 c. Notwithstanding section 8.33, funds allocated in this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 in succeeding fiscal years to be used for the purposes 10 designated. 11 Notwithstanding section 8.39, subsection 1, without the 12 prior written consent and approval of the governor and the 13 director of the department of management, the director of human 14 services may transfer funds among the appropriations made in 15 this section as necessary to carry out the purposes of the 16 account for health care transformation. The department shall 17 report any transfers made pursuant to this section to the 18 legislative services agency. 19 Sec. 254. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF 20 INSPECTIONS AND APPEALS. There is appropriated from the 21 Medicaid fraud account created in section 249A.7 to the 22 department of inspections and appeals for the fiscal year 23 beginning July 1, 2011, and ending June 30, 2012, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 For the inspection and certification of assisted living 27 programs and adult day care services, including program 28 administration and costs associated with implementation: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,339,527 30 Sec. 255. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN 31 SERVICES. There is appropriated from the Medicaid fraud 32 account created in section 249A.7 to the department of human 33 services for the fiscal year beginning July 1, 2011, and ending 34 June 30, 2012, the following amount, or so much thereof as is 35 -218- LSB 2811HV (1) 84 tm/jp 218/ 518
H.F. 697 necessary, to be used for the purposes designated: 1 To supplement the appropriation made in the department 2 of human services division of this Act from the general fund 3 of the state to the department of human services for medical 4 assistance for the same fiscal year: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 Sec. 256. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 7 HUMAN SERVICES. Notwithstanding any provision to the contrary 8 and subject to the availability of funds, there is appropriated 9 from the quality assurance trust fund created in section 10 249L.4 to the department of human services for the fiscal year 11 beginning July 1, 2011, and ending June 30, 2012, the following 12 amounts, or so much thereof as is necessary for the purposes 13 designated: 14 To supplement the appropriation made in the department 15 of human services division of this Act from the general fund 16 of the state to the department of human services for medical 17 assistance for the same fiscal year: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 19 Sec. 257. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 20 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 21 the contrary and subject to the availability of funds, there is 22 appropriated from the hospital health care access trust fund 23 created in section 249M.4 to the department of human services 24 for the fiscal year beginning July 1, 2011, and ending June 25 30, 2012, the following amounts, or so much thereof as is 26 necessary, for the purposes designated: 27 1. To supplement the appropriation made in the department 28 of human services division of this Act from the general fund 29 of the state to the department of human services for medical 30 assistance for the same fiscal year: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 32 2. For deposit in the nonparticipating provider 33 reimbursement fund created in section 249J.24A to be used for 34 the purposes of the fund: 35 -219- LSB 2811HV (1) 84 tm/jp 219/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 1 Sec. 258. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 2 FOR FY 2011-2012. Notwithstanding section 8.33, if moneys 3 appropriated for purposes of the medical assistance program for 4 the fiscal year beginning July 1, 2011, and ending June 30, 5 2012, in the health and human services divisions of this Act 6 from the general fund of the state, the Medicaid fraud account, 7 the quality assurance trust fund, and the hospital health 8 care access trust fund, are in excess of actual expenditures 9 for the medical assistance program and remain unencumbered or 10 unobligated at the close of the fiscal year, the excess moneys 11 shall not revert but shall remain available for expenditure for 12 the purposes of the medical assistance program until the close 13 of the succeeding fiscal year. 14 DIVISION XXVII 15 HEALTH AND HUMAN SERVICES 16 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 17 2011-2012 18 Sec. 259. MENTAL HEALTH, MENTAL RETARDATION, AND 19 DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX 20 RELIEF. Notwithstanding the standing appropriation in section 21 426B.1, subsection 2, for the fiscal year beginning July 1, 22 2011, and ending June 30, 2012, the amount appropriated from 23 the general fund of the state pursuant to that provision shall 24 not exceed the following amount: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 26 Sec. 260. SENATE FILE 209 APPROPRIATION —— FY 2010-2011. 27 1. Of the amount credited to the property tax relief fund 28 from the appropriation made pursuant to 2011 Iowa Acts, Senate 29 File 209, section 21, subsection 1, there is appropriated to 30 the department of human services for the fiscal year beginning 31 July 1, 2010, and ending June 30, 2011, the following amount, 32 or so much thereof as is necessary, to be used for the purpose 33 designated: 34 For distribution in accordance with this section: 35 -220- LSB 2811HV (1) 84 tm/jp 220/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 1 2. a. For the purposes of this subsection, unless the 2 context otherwise requires: 3 (1) “County management plan” means the county management 4 plan for the county’s mental health, mental retardation, and 5 developmental disabilities services system in accordance with 6 section 331.439. 7 (2) “Risk pool board” means the risk pool board created in 8 section 426B.5. 9 (3) “Services fund” means the county mental health, mental 10 retardation, and developmental disabilities services fund 11 created in section 331.424A. 12 b. The appropriation made in this section shall be 13 distributed to counties with persons on a waiting list as of 14 April 21, 2011, for adult mental health, mental retardation, 15 and developmental disabilities services in accordance with the 16 county management plan in effect as of January 1, 2011. All of 17 the following provisions shall apply to such distribution: 18 (1) A county’s application for the funding distribution 19 must be received by the department on or before July 15, 2011, 20 or within 10 calendar days of the enactment date of this 21 section, whichever is later. 22 (2) The county’s application shall provide all of the 23 following information: 24 (a) A declaration that the county cannot provide services 25 in accordance with the county’s management plan and remain in 26 compliance with the 99 percent budgeting requirement in section 27 331.439, subsection 5, resulting in the creation of a waiting 28 list. 29 (b) An accounting of the individuals to be removed from the 30 county’s waiting list as a result of the funding applied for 31 under this subsection, along with the following information in 32 a format specified by the department: 33 (i) Each individual’s unique client identifier established 34 pursuant to section 225C.6A, subsection 3. 35 -221- LSB 2811HV (1) 84 tm/jp 221/ 518
H.F. 697 (ii) The date the individual was originally placed on the 1 county waiting list. 2 (iii) The services needed by the individual. 3 (iv) The projected cost for the fiscal year for each service 4 needed for that individual. 5 (v) The total cost for all of the services for each 6 individual for the fiscal year. 7 (3) The application shall be accompanied by a signed 8 statement by the county’s board of supervisors certifying 9 that the individuals for whom funding is provided under this 10 subsection will not subsequently be placed by the county on a 11 waiting list for services through June 30, 2012. 12 (4) The risk pool board may accept or reject an application 13 for assistance in whole or in part and may prorate distribution 14 of funding as necessary to conform to the amount available for 15 distribution. The decision of the risk pool board is final. 16 The risk pool board shall issue a funding decision within 15 17 working days of the final receipt date for applications. 18 (5) The funding under this subsection shall be distributed 19 within 15 working days of the date the risk pool board’s 20 funding decision is issued. 21 c. If there is a balance remaining following the 22 distribution of funding under paragraph “b”, the balance shall 23 be distributed in a second distribution process for individuals 24 placed on a waiting list after April 21, 2011, in accordance 25 with the county management plan provisions for the services in 26 effect as of January 1, 2011. In addition, notwithstanding 27 2010 Iowa Acts, chapter 1192, section 48, subsection 4, 28 paragraph “c”, any funding rebated by counties pursuant to that 29 provision and any moneys otherwise available in the risk pool 30 in the property tax relief fund for the fiscal year beginning 31 July 1, 2011, pursuant to section 426B.5, subsection 2, shall 32 also be included in the second distribution process. The 33 distribution process under this lettered paragraph shall be 34 in lieu of any risk pool distribution for the fiscal year 35 -222- LSB 2811HV (1) 84 tm/jp 222/ 518
H.F. 697 beginning July 1, 2011, under section 426B.5. All provisions 1 applicable under paragraph “b” shall apply except that a 2 county’s application for the second funding distribution 3 process must be received by the department on or before 4 December 1, 2011. 5 d. If moneys from a distribution made under this subsection 6 are not expended by a county by November 1, 2012, for services 7 provided prior to July 1, 2012, the county shall reimburse the 8 unexpended moneys to the department by November 30, 2012, and 9 the moneys reimbursed shall be credited to the risk pool in the 10 property tax relief fund. 11 e. The risk pool board shall submit a report to the governor 12 and general assembly on or before December 31, 2012, regarding 13 the expenditure of funds distributed under this subsection. 14 Sec. 261. SENATE FILE 209 APPROPRIATION —— FY 2011-2012. In 15 addition to the appropriations made in this division of this 16 Act for distribution to counties of the county mental health, 17 mental retardation, and developmental disabilities allowed 18 growth factor adjustment for FY 2011-2012, and for county 19 waiting lists beginning with the fiscal year beginning July 1, 20 2010, of the amount credited to the property tax relief fund 21 from the appropriation made pursuant to 2011 Iowa Acts, Senate 22 File 209, section 21, subsection 1, there is appropriated to 23 the department of human services for the fiscal year beginning 24 July 1, 2011, and ending June 30, 2012, the following amounts, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 To be credited to the appropriation made in the department 28 of human services division of this Act from the general fund 29 of the state to the department of human services for the 30 medical assistance program for the fiscal year beginning July 31 1, 2011, and used to reduce home and community-based services 32 waiver waiting lists for children’s mental health, intellectual 33 disabilities, and brain injury: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 35 -223- LSB 2811HV (1) 84 tm/jp 223/ 518
H.F. 697 Sec. 262. 2010 Iowa Acts, chapter 1193, section 1, is 1 amended to read as follows: 2 SECTION 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 3 —— FY 2011-2012. 4 1. Notwithstanding section 331.439, subsection 3 , the 5 allowed growth factor adjustment for county mental health, 6 mental retardation, and developmental disabilities service 7 expenditures for the fiscal year beginning July 1, 2011, shall 8 be established by statute which shall be enacted within thirty 9 calendar days of the convening of the Eighty-fourth General 10 Assembly, 2011 Session, on January 10, 2011. The governor 11 shall submit to the general assembly a recommendation for such 12 allowed growth factor adjustment and the amounts of related 13 appropriations to the general assembly on or before January 11, 14 2011. 15 2. The appropriation and allocations made in this section 16 fulfill the requirements of the governor and general assembly 17 under subsection 1. 18 3. a. There is appropriated from the general fund of the 19 state to the department of human services for the fiscal year 20 beginning July 1, 2011, and ending June 30, 2012, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purpose designated: 23 For distribution to counties of the county mental health, 24 mental retardation, and developmental disabilities allowed 25 growth factor adjustment for fiscal year 2011-2012 as provided 26 in this section in lieu of the allowed growth factor provisions 27 of section 331.438, subsection 2, and section 331.439, 28 subsection 3, and chapter 426B: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,697,893 30 b. Of the amount credited to the property tax relief fund 31 from the appropriation made pursuant to 2011 Iowa Acts, Senate 32 File 209, section 21, subsection 1, there is appropriated to 33 the department of human services for the fiscal year beginning 34 July 1, 2011, and ending June 30, 2012, the following amount, 35 -224- LSB 2811HV (1) 84 tm/jp 224/ 518
H.F. 697 or so much thereof as is necessary, to be used for the purpose 1 designated: 2 For distribution to counties as described in paragraph “a”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 4 Sec. 263. 2010 Iowa Acts, chapter 1193, section 1, as 5 amended by this division of this Act, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 4. Of the amounts appropriated in this 8 section, $12,000,000 shall be distributed as provided in this 9 subsection. 10 a. To be eligible to receive a distribution under this 11 subsection, a county must meet the following requirements: 12 (1) The county is levying for the maximum amount allowed 13 for the county’s mental health, mental retardation, and 14 developmental disabilities services fund under section 331.424A 15 for taxes due and payable in the fiscal year beginning July 1, 16 2011, or the county is levying for at least 90 percent of the 17 maximum amount allowed for the county’s services fund and that 18 levy rate is more than $2 per $1,000 of the assessed value of 19 all taxable property in the county. 20 (2) In the fiscal year beginning July 1, 2009, the 21 county’s mental health, mental retardation, and developmental 22 disabilities services fund ending balance under generally 23 accepted accounting principles was equal to or less than 15 24 percent of the county’s actual gross expenditures for that 25 fiscal year. 26 b. The amount of a county’s distribution from the allocation 27 made in this subsection shall be determined based upon the 28 county’s proportion of the general population of the counties 29 eligible to receive a distribution under this subsection. The 30 latest certified federal census issued by the United States 31 bureau of the census shall be applied in determining population 32 for the purposes of this paragraph. 33 c. The distributions made pursuant to this subsection 34 are subject to the distribution provisions and withholding 35 -225- LSB 2811HV (1) 84 tm/jp 225/ 518
H.F. 697 requirements established in this section for the county mental 1 health, mental retardation, and developmental disabilities 2 allowed growth factor adjustment for the fiscal year beginning 3 July 1, 2011. 4 NEW SUBSECTION . 5. The following amount of the funding 5 appropriated in this section for distribution to counties is 6 the allowed growth factor adjustment for fiscal year 2011-2012, 7 and shall be credited to the allowed growth funding pool 8 created in the property tax relief fund and for distribution in 9 accordance with section 426B.5, subsection 1: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,697,893 11 NEW SUBSECTION . 6. The following formula amounts shall be 12 utilized only to calculate preliminary distribution amounts for 13 the allowed growth factor adjustment for fiscal year 2011-2012 14 under this section by applying the indicated formula provisions 15 to the formula amounts and producing a preliminary distribution 16 total for each county: 17 a. For calculation of a distribution amount for eligible 18 counties from the allowed growth funding pool created in the 19 property tax relief fund in accordance with the requirements in 20 section 426B.5, subsection 1: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,773,346 22 b. For calculation of a distribution amount for counties 23 from the mental health and developmental disabilities (MH/DD) 24 community services fund in accordance with the formula provided 25 in the appropriation made for the MH/DD community services fund 26 for the fiscal year beginning July 1, 2011: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,187,556 28 NEW SUBSECTION . 7. a. After applying the applicable 29 statutory distribution formulas to the amounts indicated in 30 subsection 6 for purposes of producing preliminary distribution 31 totals, the department of human services shall apply a 32 withholding factor to adjust an eligible individual county’s 33 preliminary distribution total. In order to be eligible for 34 a distribution under this section, a county must be levying 35 -226- LSB 2811HV (1) 84 tm/jp 226/ 518
H.F. 697 90 percent or more of the maximum amount allowed for the 1 county’s mental health, mental retardation, and developmental 2 disabilities services fund under section 331.424A for taxes due 3 and payable in the fiscal year for which the distribution is 4 payable. 5 b. An ending balance percentage for each county shall 6 be determined by expressing the county’s ending balance on a 7 modified accrual basis under generally accepted accounting 8 principles for the fiscal year beginning July 1, 2009, in the 9 county’s mental health, mental retardation, and developmental 10 disabilities services fund created under section 331.424A, as a 11 percentage of the county’s gross expenditures from that fund 12 for that fiscal year. If a county borrowed moneys for purposes 13 of providing services from the county’s services fund on or 14 before July 1, 2009, and the county’s services fund ending 15 balance for that fiscal year includes the loan proceeds or an 16 amount designated in the county budget to service the loan for 17 the borrowed moneys, those amounts shall not be considered 18 to be part of the county’s ending balance for purposes of 19 calculating an ending balance percentage under this subsection. 20 c. For purposes of calculating withholding factors and 21 for ending balance amounts used for other purposes under law, 22 the county ending balances shall be adjusted, using forms 23 developed for this purpose by the county finance committee, 24 to disregard the temporary funding increase provided to the 25 counties for the fiscal year through the federal American 26 Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5. In 27 addition, a county may adjust the ending balance amount by 28 rebating to the department all or a portion of the allowed 29 growth and MH/DD services fund moneys the county received for 30 the fiscal year beginning July 1, 2010, in accordance with 31 2009 Iowa Acts, chapter 179, section 1, as amended by 2009 32 Iowa Acts, chapter 1192, sections 47 and 48, or from any other 33 services fund moneys available to the county. The rebate must 34 be remitted to the department on or before June 1, 2011, in 35 -227- LSB 2811HV (1) 84 tm/jp 227/ 518
H.F. 697 order to be counted. However, if this division of this Act is 1 enacted after June 1, 2011, the rebate must be remitted not 2 later than 10 calendar days after the date of the governor’s 3 approval of this Act. The amount rebated by a county shall be 4 subtracted dollar-for-dollar from the county’s ending balance 5 amount for the fiscal year beginning July 1, 2009, for purposes 6 of calculating the withholding factor and for other ending 7 balance purposes for the fiscal year beginning July 1, 2011. 8 The rebates received by the department shall be credited to the 9 property tax relief fund and distributed as additional funding 10 for the fiscal year beginning July 1, 2011, in accordance with 11 the formula provisions in this section. 12 d. The withholding factor for a county shall be the 13 following applicable percent: 14 (1) For an ending balance percentage of less than 5 15 percent, a withholding factor of 0 percent. In addition, 16 a county that is subject to this lettered paragraph shall 17 receive an inflation adjustment equal to 3 percent of the gross 18 expenditures reported for the county’s services fund for the 19 fiscal year. 20 (2) For an ending balance percentage of 5 percent or more 21 but less than 10 percent, a withholding factor of 0 percent. 22 In addition, a county that is subject to this lettered 23 paragraph shall receive an inflation adjustment equal to 2 24 percent of the gross expenditures reported for the county’s 25 services fund for the fiscal year. 26 (3) For an ending balance percentage of 10 percent or more 27 but less than 25 percent, a withholding factor of 25 percent. 28 However, for counties with an ending balance percentage of 10 29 percent or more but less than 15 percent, the amount withheld 30 shall be limited to the amount by which the county’s ending 31 balance was in excess of the ending balance percentage of 10 32 percent. 33 (4) For an ending balance percentage of 25 percent or more, 34 a withholding percentage of 100 percent. 35 -228- LSB 2811HV (1) 84 tm/jp 228/ 518
H.F. 697 NEW SUBSECTION . 8. The total withholding amounts applied 1 pursuant to subsection 7 shall be equal to a withholding target 2 amount of $13,075,453. If the department of human services 3 determines that the amount appropriated is insufficient or 4 the amount to be withheld in accordance with subsection 7 is 5 not equal to the target withholding amount, the department 6 shall adjust the withholding factors listed in subsection 7 as 7 necessary to achieve the target withholding amount. However, 8 in making such adjustments to the withholding factors, the 9 department shall strive to minimize changes to the withholding 10 factors for those ending balance percentage ranges that are 11 lower than others and shall only adjust the zero withholding 12 factor or the inflation adjustment percentages specified in 13 subsection 7, paragraph “d”, when the amount appropriated is 14 insufficient. 15 Sec. 264. 2010 Iowa Acts, chapter 1193, section 99, is 16 amended to read as follows: 17 SEC. 99. MH/MR/DD SERVICES FUND TRANSFER. Notwithstanding 18 section 331.424A, subsection 5 , and section 331.432, subsection 19 3 , for the fiscal year beginning July 1, 2010, and ending June 20 30, 2011, a county may transfer moneys from other funds of the 21 county to the county’s mental health, mental retardation, and 22 developmental disabilities services fund created in section 23 331.424A . A county transferring moneys from other funds of the 24 county to the county’s services fund pursuant to this section 25 shall submit a report detailing the transfers made and funds 26 affected. The county shall submit the report along with the 27 county expenditure and information report submitted by December 28 1, 2010 2011 , in accordance with section 331.439 . 29 Sec. 265. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 30 APPLICABILITY. The section of this division of this Act 31 amending 2010 Iowa Acts, chapter 1193, section 99, being deemed 32 of immediate importance, takes effect upon enactment and is 33 retroactively applicable to December 1, 2010. 34 Sec. 266. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 35 -229- LSB 2811HV (1) 84 tm/jp 229/ 518
H.F. 697 APPLICABILITY. The section of this division of this Act 1 making an appropriation for the fiscal year beginning July 2 1, 2010, of moneys credited to the property tax relief fund 3 pursuant to 2011 Iowa Acts, Senate File 209, being deemed of 4 immediate importance, takes effect upon enactment and applies 5 retroactively to April 21, 2011. 6 DIVISION XXVIII 7 HEALTH AND HUMAN SERVICES 8 PRIOR APPROPRIATIONS AND RELATED CHANGES 9 VIETNAM CONFLICT VETERANS BONUS 10 Sec. 267. Section 35A.8A, subsection 2, paragraph d, Code 11 2011, is amended to read as follows: 12 d. The person files an application for compensation under 13 this section , in a manner determined by the department of 14 veterans affairs , by July 1, 2010 May 1, 2011 . 15 COMMUNITY HOUSING REVOLVING LOAN PROGRAM 16 Sec. 268. NEW SECTION . 16.185 Community housing for persons 17 with disabilities revolving loan program fund. 18 1. A community housing for persons with disabilities loan 19 program fund is created within the authority to further the 20 availability of affordable housing for Medicaid waiver-eligible 21 individuals with behaviors that provide significant barriers to 22 accessing traditional rental opportunities. The moneys in the 23 fund are annually appropriated to the authority to be used for 24 the development and operation of a revolving loan program to 25 provide financing to construct affordable permanent supportive 26 housing, including through new construction, acquisition and 27 rehabilitation of existing housing, or conversion or adaptive 28 reuse. 29 2. Moneys transferred by the authority for deposit in the 30 community housing for persons with disabilities revolving loan 31 program fund, moneys appropriated to the community housing 32 for persons with disabilities revolving loan program, and any 33 other moneys available to and obtained or accepted by the 34 authority for placement in the fund shall be credited to the 35 -230- LSB 2811HV (1) 84 tm/jp 230/ 518
H.F. 697 fund. Additionally, payment of interest, recaptures of awards, 1 and other repayments to the community housing for persons with 2 disabilities revolving loan program fund shall be credited 3 to the fund. Notwithstanding section 12C.7, subsection 2, 4 interest or earnings on moneys in the community housing for 5 persons with disabilities revolving loan program fund shall be 6 credited to the fund. Notwithstanding section 8.33, moneys 7 credited to the fund that remain unencumbered or unobligated 8 at the close of the fiscal year shall not revert to any other 9 fund. 10 3. The authority shall annually allocate moneys available 11 in the community housing for persons with disabilities 12 revolving loan program fund for the development of permanent 13 supportive housing for Medicaid waiver-eligible individuals. 14 The authority shall develop a joint application process for the 15 allocation of United States housing and urban development HOME 16 investment partnerships program funding and the funds available 17 under this section. Moneys allocated to such projects may be 18 in the form of loans, forgivable loans, or a combination of 19 loans and forgivable loans. 20 4. a. A project shall demonstrate written approval of the 21 project by the department of human services to the authority 22 prior to application for funding under this section. 23 b. In order to be approved by the department of human 24 services for application for funding under this section, a 25 project shall include all of the following components: 26 (1) Provision of services to any of the following Medicaid 27 waiver-eligible individuals: 28 (a) Individuals who are currently underserved in community 29 placements, including individuals who are physically aggressive 30 or have behaviors that are difficult to manage. 31 (b) Individuals who are currently residing in out-of-state 32 facilities. 33 (c) Individuals who are currently receiving care in a 34 licensed health care facility. 35 -231- LSB 2811HV (1) 84 tm/jp 231/ 518
H.F. 697 (2) A plan to provide each individual with crisis 1 stabilization services to ensure that the individual’s 2 behavioral issues are appropriately addressed by the provider. 3 (3) Policies and procedures that prohibit discharge of the 4 individual from the waiver services provided by the project 5 provider unless an alternative placement that is acceptable to 6 the client or client’s guardian is identified. 7 c. Housing provided through a project under this section is 8 exempt from the requirements of chapter 135O. 9 5. The authority, in collaboration with the department of 10 human services, shall adopt rules pursuant to chapter 17A to 11 administer this section. 12 VIETNAM CONFLICT VETERANS 13 BONUS FUND 14 Sec. 269. 2008 Iowa Acts, chapter 1187, section 68, as 15 amended by 2009 Iowa Acts, chapter 182, section 82, and 2010 16 Iowa Acts, chapter 1192, section 55, is amended to read as 17 follows: 18 Notwithstanding section 8.33 , moneys appropriated in this 19 section that remain unencumbered or unobligated at the close of 20 the fiscal year shall not revert but shall remain available for 21 expenditure for the purposes designated until the close of the 22 fiscal year beginning July 1, 2010 repeal of section 35A.8A . 23 Upon such repeal, the remaining moneys shall be transferred to 24 the veterans trust fund and, notwithstanding section 35A.13, 25 subsection 3, shall only be expended in accordance with an 26 appropriation for purposes of a bonus enacted for veterans of 27 the conflicts in Panama, Grenada, Lebanon, or the Persian Gulf. 28 INJURED VETERANS GRANT PROGRAM 29 Sec. 270. 2008 Iowa Acts, chapter 1187, section 69, 30 unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 31 182, section 83, and 2010 Iowa Acts, chapter 1192, section 56, 32 is amended to read as follows: 33 Notwithstanding section 8.33 , moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -232- LSB 2811HV (1) 84 tm/jp 232/ 518
H.F. 697 of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated until the close of 2 the fiscal year beginning July 1, 2010 2011 . 3 BEHAVIORAL HEALTH SERVICES 4 ACCOUNT —— MEDICAL ASSISTANCE 5 Sec. 271. 2009 Iowa Acts, chapter 182, section 9, subsection 6 16, paragraph b, as amended by 2010 Iowa Acts, chapter 1192, 7 section 63, is amended to read as follows: 8 b. The department shall continue to maintain a separate 9 account within the medical assistance budget for the deposit 10 of all funds remitted pursuant to a contract with a third 11 party to administer behavioral health services under the 12 medical assistance program established pursuant to 2008 Iowa 13 Acts, chapter 1187, section 9, subsection 20. Notwithstanding 14 section 8.33 , other than funds remaining from the appropriation 15 allocations made for implementation of the emergency mental 16 health crisis services and system, for implementation of the 17 mental health services system for children and youth, and 18 for training of child welfare services providers in 2008 19 Iowa Acts, chapter 1187, section 9, subsection 20, paragraph 20 “c”, subparagraphs (1), (2), and (6), as authorized in 2009 21 Iowa Acts, chapter 182, section 72, shall not revert but 22 shall remain available in succeeding fiscal years to be used 23 for the purposes designated until expended and any other 24 funds remaining in the account that remain unencumbered or 25 unobligated at the end of the fiscal year shall not revert 26 but shall remain available in succeeding fiscal years 27 and are appropriated to the department to be used for the 28 medical assistance program to be used for purposes of crisis 29 stabilization and other mental and behavioral health service 30 improvements . 31 CHILD WELFARE DECATEGORIZATION 32 FY 2009-2010 NONREVERSION 33 Sec. 272. 2009 Iowa Acts, chapter 182, section 14, 34 subsection 5, is amended by adding the following new unnumbered 35 -233- LSB 2811HV (1) 84 tm/jp 233/ 518
H.F. 697 paragraph: 1 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 2 232.188, subsection 5, moneys from the allocations made 3 in this subsection or made from any other source for the 4 decategorization of child welfare and juvenile justice funding 5 initiative under section 232.188 for the fiscal year beginning 6 July 1, 2009, that are designated as carryover funding that 7 remain unencumbered or unobligated at the close of the fiscal 8 year beginning July 1, 2010, shall not revert but shall 9 be transferred to the community housing for persons with 10 disabilities revolving loan program fund created in section 11 16.185, as enacted by this division of this Act. 12 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 —— ALLOCATION 13 FOR INFANT AND TODDLER CARE QUALITY 14 Sec. 273. 2009 Iowa Acts, chapter 183, section 62, 15 subsection 3, is amended to read as follows: 16 3. For the purposes of this subsection, “federal poverty 17 level” means the poverty level defined by the most recently 18 revised poverty income guidelines published by the United 19 States department of health and human services. The program 20 shall provide financial assistance to families with infants 21 and toddlers less than thirty-six months of age two that have 22 a family income of more than 145 percent but not more than 185 23 percent of the federal poverty level. However, the department 24 may adjust the qualifying criteria or the financial assistance 25 purpose provisions specified in this subsection or make other 26 changes as necessary for implementation to conform with federal 27 requirements for the funding. Outcome reporting and other 28 grant requirements shall be developed by the department in 29 cooperation with the Iowa empowerment board. 30 Sec. 274. 2009 Iowa Acts, chapter 183, section 62, 31 subsection 4, is amended to read as follows: 32 4. The financial assistance shall be for any of the 33 following purposes: 34 a. For making temporary payments to qualifying families 35 -234- LSB 2811HV (1) 84 tm/jp 234/ 518
H.F. 697 whose members are recently unemployed and seeking work to use 1 in meeting immediate family needs. 2 b. For providing sliding scale subsidies for qualifying 3 families for child care provided to the families’ infants 4 and toddlers by providers who are accredited by the national 5 association for the education of young children or the national 6 association for family child care, or who have a rating at 7 level 3 2 or higher under the child care quality rating system 8 implemented pursuant to section 237A.30. 9 c. For expanding training and other support for infant care 10 providers in the community and this state. 11 d. For ensuring child care environments are healthy and 12 safe. 13 e. For promoting positive relationships between parents 14 and providers in their mutual efforts to care for very young 15 children. 16 f. For ensuring that parents have the information and 17 resources needed to choose quality child care. 18 IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW 19 Sec. 275. 2010 Iowa Acts, chapter 1192, section 1, 20 subsection 2, is amended to read as follows: 21 2. a. Of the funds appropriated in this section, $1,246,514 22 shall be transferred to the department of human services in 23 equal amounts on a quarterly basis for reimbursement of case 24 management services provided under the medical assistance 25 elderly waiver. The department of human services shall adopt 26 rules for case management services provided under the medical 27 assistance elderly waiver in consultation with the department 28 on aging. 29 b. The department of human services shall review 30 projections for state funding expenditures for reimbursement 31 of case management services under the medical assistance 32 elderly waiver on a quarterly basis and shall determine if an 33 adjustment to the medical assistance reimbursement rates are 34 necessary to provide reimbursement within the state funding 35 -235- LSB 2811HV (1) 84 tm/jp 235/ 518
H.F. 697 amounts budgeted under the appropriations made for the fiscal 1 year for the medical assistance program. Any temporary 2 enhanced federal financial participation that may become 3 available for the medical assistance program during the fiscal 4 year shall not be used in projecting the medical assistance 5 elderly waiver case management budget. The department of human 6 services shall revise such reimbursement rates as necessary to 7 maintain expenditures for medical assistance elderly waiver 8 case management services within the state funding amounts 9 budgeted under the appropriations made for the fiscal year for 10 the medical assistance program. 11 IOWA VETERANS HOME 12 Sec. 276. 2010 Iowa Acts, chapter 1192, section 3, 13 subsection 2, is amended by adding the following new paragraph: 14 NEW PARAGRAPH . d. The funds appropriated in this subsection 15 to the Iowa veterans home that remain available for expenditure 16 for the succeeding fiscal year pursuant to section 35D.18, 17 subsection 5, shall be distributed to be used in the succeeding 18 fiscal year in accordance with this lettered paragraph. The 19 first $500,000 shall remain available to be used for the 20 purposes of the Iowa veterans home. On or before October 15, 21 2011, the department of management shall transfer the remaining 22 balance to the appropriation to the department of human 23 services for medical assistance. 24 MEDICAL ASSISTANCE PROGRAM 25 Sec. 277. 2010 Iowa Acts, chapter 1192, section 11, is 26 amended by adding the following new subsection: 27 NEW SUBSECTION . 25. The department may increase the amounts 28 allocated for salaries, support, maintenance, and miscellaneous 29 purposes associated with the medical assistance program as 30 necessary to implement cost containment efforts in order to 31 accomplish medical assistance program savings. These amounts 32 may be transferred to the appropriation made in this division 33 of this Act for the health insurance premium payment program. 34 STATE SUPPLEMENTARY ASSISTANCE PROGRAM 35 -236- LSB 2811HV (1) 84 tm/jp 236/ 518
H.F. 697 Sec. 278. 2010 Iowa Acts, chapter 1192, section 14, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 3 appropriated in this section that remain unencumbered or 4 unobligated at the close of the fiscal year shall remain 5 available for expenditure for the purposes designated until the 6 close of the succeeding fiscal year. 7 ADOPTION SUBSIDY TRANSFER 8 Sec. 279. 2010 Iowa Acts, chapter 1192, section 20, is 9 amended by adding the following new subsection: 10 NEW SUBSECTION . 4. Of the funds appropriated in this 11 section, $60,000 shall be transferred to the appropriation 12 made in this division of this Act for the state mental health 13 institute at Cherokee to be used for children’s beds at the 14 institute. 15 IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW 16 Sec. 280. 2010 Iowa Acts, chapter 1192, section 37, 17 subsection 1, is amended to read as follows: 18 1. a. Of the funds appropriated in this section, $1,010,000 19 shall be transferred to the department of human services in 20 equal amounts on a quarterly basis for reimbursement of case 21 management services provided under the medical assistance 22 elderly waiver. 23 b. The department of human services shall review 24 projections for state funding expenditures for reimbursement 25 of case management services under the medical assistance 26 elderly waiver on a quarterly basis and shall determine if an 27 adjustment to the medical assistance reimbursement rates are 28 necessary to provide reimbursement within the state funding 29 amounts budgeted under the appropriations made for the fiscal 30 year for the medical assistance program. Any temporary 31 enhanced federal financial participation that may become 32 available for the medical assistance program during the fiscal 33 year shall not be used in projecting the medical assistance 34 elderly waiver case management budget. The department of human 35 -237- LSB 2811HV (1) 84 tm/jp 237/ 518
H.F. 697 services shall revise such reimbursement rates as necessary to 1 maintain expenditures for medical assistance elderly waiver 2 case management services within the state funding amounts 3 budgeted under the appropriations made for the fiscal year for 4 the medical assistance program. 5 QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES 6 Sec. 281. 2010 Iowa Acts, chapter 1192, section 44, is 7 amended to read as follows: 8 SEC. 44. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 9 SERVICES. Notwithstanding any provision to the contrary and 10 subject to the availability of funds, there is appropriated 11 from the quality assurance trust fund created in section 12 249L.4 to the department of human services for the fiscal year 13 beginning July 1, 2010, and ending June 30, 2011, the following 14 amounts, or so much thereof as is necessary for the purposes 15 designated: 16 To supplement the appropriation made in this Act from the 17 general fund of the state to the department of human services 18 for medical assistance: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,900,000 20 33,708,458 21 1. Of the funds appropriated in this section, $7,500,000 22 shall be used for nursing facility reimbursement under the 23 medical assistance program in accordance with the nursing 24 facility reimbursement provisions of division IV of this 25 Act, to continue application of the administrative rules 26 changes relating to nursing facility reimbursement and payment 27 procedures made pursuant to 2010 Iowa Acts, Senate File 2366, 28 if enacted, for the fiscal year beginning July 1, 2010, and 29 ending June 30, 2011, and to restore the 5 percent reduction 30 made in nursing facility reimbursement in accordance with 31 executive order number 19 issued October 8, 2009. 32 2. The costs associated with the implementation of this 33 section shall be funded exclusively through moneys appropriated 34 from the quality assurance trust fund, and shall result in 35 -238- LSB 2811HV (1) 84 tm/jp 238/ 518
H.F. 697 budget neutrality to the general fund of the state for the 1 fiscal year beginning July 1, 2010, and ending June 30, 2011. 2 INJURED VETERANS TRUST FUND 3 Sec. 282. INJURED VETERANS TRUST FUND. There is 4 appropriated from the general fund of the state to the 5 department of veterans affairs for the fiscal year beginning 6 July 1, 2010, and ending June 30, 2011, the following amount, 7 or so much thereof as is necessary, to be used for the purposes 8 designated: 9 To be credited to the injured veterans trust fund created 10 pursuant to section 35A.14 to be used for the injured veterans 11 grant program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 13 The department shall review the rules and statutory 14 provisions pertaining to the injured veterans grant program and 15 propose amendments to improve the program. Notwithstanding 16 section 8.33, moneys appropriated in this section that remain 17 unencumbered or unobligated at the close of the fiscal year 18 shall not revert but shall remain available for expenditure for 19 the purposes designated until expended. 20 MERCHANT MARINE BONUS FUND TRANSFER 21 Sec. 283. DEPARTMENT OF CULTURAL AFFAIRS —— MERCHANT MARINE 22 BONUS FUND. 23 1. The appropriation made from the merchant marine bonus 24 fund to the department of cultural affairs for the fiscal year 25 beginning July 1, 2010, and ending June 30, 2011, in 2010 Iowa 26 Acts, chapter 1193, section 82, shall be transferred on the 27 effective date of this section to the department of veterans 28 affairs to be used for departmental costs. 29 2. Moneys transferred pursuant to this section that remain 30 unencumbered or unobligated at the close of the fiscal year 31 shall be credited to the veterans trust fund created in section 32 35A.13. 33 STATE INSTITUTION —— APPROPRIATION TRANSFERS 34 Sec. 284. DEPARTMENT OF HUMAN SERVICES. There is 35 -239- LSB 2811HV (1) 84 tm/jp 239/ 518
H.F. 697 transferred between the following designated appropriations 1 made to the department of human services for the fiscal year 2 beginning July 1, 2010, and ending June 30, 2011, not more than 3 the following amounts: 4 1. From the appropriation made for purposes of the state 5 resource center at Glenwood in 2010 Iowa Acts, chapter 1192, 6 section 25, subsection 1, paragraph “a”, to the appropriation 7 made for purposes of the Iowa juvenile home at Toledo in 2010 8 Iowa Acts, chapter 1192, section 17, subsection 1: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 10 2. From the appropriation made for purposes of the state 11 resource center at Woodward in 2010 Iowa Acts, chapter 1192, 12 section 25, subsection 1, paragraph “b”, to the appropriation 13 made for purposes of the state mental health institute at 14 Independence in 2010 Iowa Acts, chapter 1192, section 24, 15 subsection 1, paragraph “c”: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 17 Sec. 285. FAMILY PLANNING WAIVER AND MAINTENANCE OF 18 EFFORT. Notwithstanding 2010 Iowa Acts, chapter 1192, section 19 11, subsection 24, the department of human services shall 20 not amend the medical assistance waiver for the Iowa family 21 planning network in accordance with that provision, but shall 22 instead continue the Iowa family planning waiver in effect 23 prior to June 30, 2011, and shall only amend the waiver to 24 increase the income eligibility percentage above the percentage 25 provided in the waiver in effect if necessary and only by the 26 minimum percentage required to comply with maintenance of 27 effort requirements. 28 Sec. 286. DECATEGORIZATION PROJECT FUNDING. For the 29 period beginning June 1, 2010, and ending June 30, 2012, a 30 child welfare and juvenile justice funding decategorization 31 initiative project that is incorporated and owns real property 32 may utilize project funding to purchase liability insurance. 33 Sec. 287. ACCOUNTABLE CARE ORGANIZATION —— PILOT. 34 1. a. If an entity applies for certification from the 35 -240- LSB 2811HV (1) 84 tm/jp 240/ 518
H.F. 697 secretary of the United States department of health and 1 human services prior to January 1, 2012, and is subsequently 2 certified to administer an accountable care organization 3 pilot project, pursuant to the federal Patient Protection and 4 Accountability Act, Pub. L. No. 111-148, the department of 5 human services shall work with the entity to provide access to 6 the complete deidentified claims data of the medical assistance 7 recipients receiving health care services through the pilot 8 project for the purposes of identifying areas of utilization, 9 need, and potential cost savings to the medical assistance 10 program subject to all applicable state and federal laws and 11 regulations. The department may also employ new payment 12 models, information technology, and data analytics provisions 13 necessary to the administration of the pilot project. 14 b. The department of human services shall work with an 15 entity to administer an accountable care organization pilot 16 project, only if the centers for Medicare and Medicaid services 17 of the United States department of health and human services 18 approves participation of the medical assistance program in 19 the pilot project and the entity meets all of the following 20 requirements: 21 (1) At a minimum, includes the participation of a 22 prospective payment system hospital, ten primary care 23 physicians, a home health care practice, a palliative care 24 services, a hospice service, and a community mental health 25 center, all of which agree to be paid under a partial or global 26 payment for identified services. 27 (2) Requires all participating providers to utilize 28 electronic health records. 29 (3) Includes delivery of mental health services to 30 recipients of medical assistance through collaboration with 31 the regional community mental health center, a federally 32 qualified health center, and at least one nursing facility as 33 consistent with any other law enacted by the Eighty-fourth 34 general assembly, 2011 session, that redesigns the mental 35 -241- LSB 2811HV (1) 84 tm/jp 241/ 518
H.F. 697 health delivery system in the state. 1 c. The entity certified to implement the pilot project shall 2 report to the joint appropriations subcommittee for health and 3 human services during the 2012 legislative session detailing 4 the progress and expected outcomes of the pilot project. 5 Sec. 288. EMERGENCY RULES. For purposes of the initial 6 rules to implement the provisions of section 16.185, as enacted 7 by this division of this Act, the Iowa finance authority may 8 adopt administrative rules under section 17A.4, subsection 9 3, and section 17A.5, subsection 2, paragraph “b”, to 10 implement the provisions and the rules shall become effective 11 immediately upon filing or on a later effective date specified 12 in the rules, unless the effective date is delayed by the 13 administrative rules review committee. Any rules adopted in 14 accordance with this section shall not take effect before 15 the rules are reviewed by the administrative rules review 16 committee. The delay authority provided to the administrative 17 rules review committee under section 17A.4, subsection 7, and 18 section 17A.8, subsection 9, shall be applicable to a delay 19 imposed under this section, notwithstanding a provision in 20 those sections making them inapplicable to section 17A.5, 21 subsection 2, paragraph “b”. Any rules adopted in accordance 22 with the provisions of this section shall also be published as 23 a notice of intended action as provided in section 17A.4. 24 Sec. 289. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 25 APPLICABILITY. Except as otherwise provided by this division 26 of this Act, this division of this Act, being deemed of 27 immediate importance, takes effect upon enactment and 28 if approved by the governor after July 1, 2011, applies 29 retroactively to June 30, 2011. 30 Sec. 290. RETROACTIVE APPLICABILITY. The section of this 31 division of this Act addressing child welfare and juvenile 32 justice funding decategorization initiative project funding for 33 the period beginning June 1, 2010, and ending June 30, 2012, 34 applies retroactively to June 1, 2010. 35 -242- LSB 2811HV (1) 84 tm/jp 242/ 518
H.F. 697 Sec. 291. RETROACTIVE APPLICABILITY. The section of 1 this division of this Act amending section 35A.8A, applies 2 retroactively to July 1, 2010. 3 Sec. 292. RETROACTIVE APPLICABILITY. The section of this 4 division of this Act making transfers between appropriations 5 made to the department of human services for state institutions 6 in 2010 Iowa Acts, chapter 1192, applies retroactively to 7 January 1, 2011. 8 DIVISION XXIX 9 HEALTH AND HUMAN SERVICES 10 PREVENTION AND CHRONIC CARE MANAGEMENT 11 Sec. 293. Section 135.159, subsection 10, Code 2011, is 12 amended to read as follows: 13 10. The department shall integrate the recommendations 14 and policies developed by the prevention and chronic care 15 management advisory council pursuant to section 135.161, Code 16 2011, into the medical home system and shall incorporate the 17 development and implementation of the state initiative for 18 prevention and chronic care management as developed pursuant to 19 section 135.161, Code 2011, into the duties of the medical home 20 system advisory council beginning January 1, 2012 . 21 Sec. 294. Section 135.162, subsections 1 and 3, Code 2011, 22 are amended to read as follows: 23 1. The director shall convene a clinicians advisory panel to 24 advise and recommend to the department clinically appropriate, 25 evidence-based best practices regarding the implementation 26 of the medical home as defined in section 135.157 and the 27 prevention and chronic care management initiative pursuant to 28 section 135.161 . The director shall act as chairperson of the 29 advisory panel. 30 3. The clinicians advisory panel shall meet on a quarterly 31 basis to receive updates from the director regarding strategic 32 planning and implementation progress on the medical home and 33 the prevention and chronic care management initiative and shall 34 provide clinical consultation to the department regarding the 35 -243- LSB 2811HV (1) 84 tm/jp 243/ 518
H.F. 697 medical home and the initiative . 1 Sec. 295. Section 136.3, subsection 14, Code 2011, is 2 amended to read as follows: 3 14. Perform those duties authorized pursuant to sections 4 135.156 , and 135.159 , and 135.161 , and other provisions of law. 5 Sec. 296. REPEAL. Section 135.161, Code 2011, is repealed. 6 Sec. 297. EFFECTIVE DATE. This division of this Act takes 7 effect December 31, 2011. 8 DIVISION XXX 9 HEALTH AND HUMAN SERVICES 10 MISCELLANEOUS 11 Sec. 298. Section 29C.20B, Code 2011, is amended to read as 12 follows: 13 29C.20B Disaster case management. 14 1. The rebuild Iowa office homeland security and emergency 15 management division shall work with the department of 16 human services and nonprofit, voluntary, and faith-based 17 organizations active in disaster recovery and response 18 in coordination with the homeland security and emergency 19 management division the department of human services to 20 establish a statewide system of disaster case management 21 to be activated following the governor’s proclamation of a 22 disaster emergency or the declaration of a major disaster by 23 the president of the United States for individual assistance 24 purposes. Under the system, the department of human services 25 homeland security and emergency management division shall 26 coordinate case management services locally through local 27 committees as established in each local emergency management 28 commission’s emergency plan. Beginning July 1, 2011, the 29 department of human services shall assume the duties of the 30 rebuild Iowa office under this subsection . 31 2. The department of human services homeland security 32 and emergency management division , in conjunction with the 33 rebuild Iowa office, the homeland security and emergency 34 management division department of human services , and an 35 -244- LSB 2811HV (1) 84 tm/jp 244/ 518
H.F. 697 Iowa representative to the national voluntary organizations 1 active in disaster, shall adopt rules pursuant to chapter 2 17A to create coordination mechanisms and standards for the 3 establishment and implementation of a statewide system of 4 disaster case management which shall include at least all of 5 the following: 6 a. Disaster case management standards. 7 b. Disaster case management policies. 8 c. Reporting requirements. 9 d. Eligibility criteria. 10 e. Coordination mechanisms necessary to carry out the 11 services provided. 12 f. Develop formal working relationships with agencies and 13 create interagency agreements for those considered to provide 14 disaster case management services. 15 g. Coordination of all available services for individuals 16 from multiple agencies. 17 Sec. 299. Section 135.106, Code 2011, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 4. It is the intent of the general 20 assembly that priority for home visitation funding be given to 21 approaches using evidence-based or promising models for home 22 visitation. 23 Sec. 300. Section 147.136, Code 2011, is amended to read as 24 follows: 25 147.136 Scope of recovery. 26 1. In Except as otherwise provided in subsection 2, in an 27 action for damages for personal injury against a physician and 28 surgeon, osteopathic physician and surgeon, dentist, podiatric 29 physician, optometrist, pharmacist, chiropractor, or nurse 30 licensed to practice that profession in this state, or against 31 a hospital licensed for operation in this state, based on the 32 alleged negligence of the practitioner in the practice of the 33 profession or occupation, or upon the alleged negligence of 34 the hospital in patient care, in which liability is admitted 35 -245- LSB 2811HV (1) 84 tm/jp 245/ 518
H.F. 697 or established, the damages awarded shall not include actual 1 economic losses incurred or to be incurred in the future by the 2 claimant by reason of the personal injury, including but not 3 limited to, the cost of reasonable and necessary medical care, 4 rehabilitation services, and custodial care, and the loss of 5 services and loss of earned income, to the extent that those 6 losses are replaced or are indemnified by insurance, or by 7 governmental, employment, or service benefit programs or from 8 any other source except the assets of the claimant or of the 9 members of the claimant’s immediate family . 10 2. This section shall not bar recovery of economic losses 11 replaced or indemnified by any of the following: 12 a. Benefits received under the medical assistance program 13 under chapter 249A. 14 b. The assets of the claimant or of the members of the 15 claimant’s immediate family. 16 Sec. 301. NEW SECTION . 155A.43 Pharmaceutical collection 17 and disposal program —— annual allocation. 18 Of the fees collected pursuant to sections 124.301 and 19 147.80 and chapter 155A by the board of pharmacy, and retained 20 by the board pursuant to section 147.82, not more than one 21 hundred twenty-five thousand dollars, may be allocated annually 22 by the board for administering the pharmaceutical collection 23 and disposal program originally established pursuant to 2009 24 Iowa Acts, chapter 175, section 9. The program shall provide 25 for the management and disposal of unused, excess, and expired 26 pharmaceuticals. The board of pharmacy may cooperate with the 27 Iowa pharmacy association and may consult with the department 28 and sanitary landfill operators in administering the program. 29 Sec. 302. Section 225B.8, Code 2011, is amended to read as 30 follows: 31 225B.8 Repeal. 32 This chapter is repealed July 1, 2011 2012 . 33 Sec. 303. Section 232.188, subsection 5, paragraph b, 34 unnumbered paragraph 1, Code 2011, is amended to read as 35 -246- LSB 2811HV (1) 84 tm/jp 246/ 518
H.F. 697 follows: 1 Notwithstanding section 8.33 , moneys designated for a 2 project’s decategorization services funding pool that remain 3 unencumbered or unobligated at the close of the fiscal year 4 shall not revert but shall remain available for expenditure as 5 directed by the project’s governance board for child welfare 6 and juvenile justice systems enhancements and other purposes of 7 the project until the close of the succeeding fiscal year and 8 for the next two succeeding fiscal years. Such moneys shall be 9 known as “carryover funding” . Moneys may be made available to a 10 funding pool from one or more of the following sources: 11 Sec. 304. Section 249A.4B, subsection 2, paragraph a, 12 subparagraph (18), Code 2011, is amended to read as follows: 13 (18) The Iowa/Nebraska Iowa primary care association. 14 Sec. 305. REPEAL. Section 135.27A, Code 2011, is repealed 15 December 31, 2011. 16 DIVISION XXXI 17 HEALTH AND HUMAN SERVICES 18 MEDICAID PRESCRIPTION DRUGS 19 Sec. 306. Section 249A.20A, subsection 4, Code 2011, is 20 amended to read as follows: 21 4. With the exception of drugs prescribed for the treatment 22 of human immunodeficiency virus or acquired immune deficiency 23 syndrome, transplantation, or cancer and drugs prescribed 24 for mental illness with the exception of drugs and drug 25 compounds that do not have a significant variation in a 26 therapeutic profile or side effect profile within a therapeutic 27 class, prescribing and dispensing of prescription drugs not 28 included on the preferred drug list shall be subject to prior 29 authorization. 30 Sec. 307. 2010 Iowa Acts, chapter 1031, section 348, is 31 amended to read as follows: 32 SEC. 348. MEDICAID NONPREFERRED DRUG LIST PRESCRIBING. 33 1. The department shall adopt rules pursuant to chapter 17A 34 to restrict physicians and other prescribers to prescribing 35 -247- LSB 2811HV (1) 84 tm/jp 247/ 518
H.F. 697 not more than a 72-hour or three-day supply of a prescription 1 drug not included on the medical assistance preferred drug list 2 while seeking approval to continue prescribing the medication. 3 2. Notwithstanding subsection 1, the department shall 4 adopt rules pursuant to chapter 17A to restrict a physician or 5 other prescriber prescribing a chemically unique mental health 6 prescription drug to prescribing not more than a seven-day 7 supply of the prescription drug while requesting approval to 8 continue to prescribe the medication. The rules shall provide 9 that if an approval or disapproval is not received by the 10 physician or other prescriber within 48 hours of the request, 11 the request is deemed approved. 12 Sec. 308. REPEAL. 2010 Iowa Acts, chapter 1031, section 13 349, is repealed. 14 Sec. 309. RESCINDING AND ADOPTION OF RULES. The department 15 of human services shall rescind the rules adopted pursuant 16 to 2010 Iowa Acts, chapter 1031, section 347, chapter 1031, 17 section 348, subsection 2, and chapter 1031, section 349, 18 and shall instead adopt emergency rules under section 17A.4, 19 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 20 to implement section 249A.20A, as amended in this division of 21 this Act, and the rules shall be effective immediately upon 22 filing and retroactively applicable to January 1, 2011, unless 23 a later date is specified in the rules. Any rules adopted 24 in accordance with this section shall also be published as a 25 notice of intended action as provided in section 17A.4. 26 Sec. 310. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 27 APPLICABILITY. This division of this Act, being deemed of 28 immediate importance, takes effect upon enactment and applies 29 retroactively to January 1, 2011. 30 DIVISION XXXII 31 HEALTH AND HUMAN SERVICES 32 IOWA FALSE CLAIMS ACT 33 Sec. 311. Section 685.1, subsection 11, Code 2011, is 34 amended to read as follows: 35 -248- LSB 2811HV (1) 84 tm/jp 248/ 518
H.F. 697 11. “Original source” means an individual who has direct and 1 independent prior to a public disclosure under section 685.3, 2 subsection 5, paragraph “c” , has voluntarily disclosed to the 3 state the information on which the allegations or transactions 4 in a claim are based; or who has knowledge of the information 5 on which the allegations are based that is independent of 6 and materially adds to the publicly disclosed allegations or 7 transactions, and has voluntarily provided the information to 8 the state before filing an action under section 685.3 which is 9 based on the information this chapter . 10 Sec. 312. Section 685.1, Code 2011, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 15. “State” means the state of Iowa. 13 Sec. 313. Section 685.2, subsection 1, unnumbered paragraph 14 1, Code 2011, is amended to read as follows: 15 A person who commits any of the following acts is jointly 16 and severally liable to the state for a civil penalty of not 17 less than five thousand dollars and not more than ten thousand 18 dollars the civil penalty allowed under the federal False 19 Claims Act, as codified in 31 U.S.C. § 3729 et seq., as may be 20 adjusted in accordance with the inflation adjustment procedures 21 prescribed in the federal Civil Penalties Inflation Adjustment 22 Act of 1990, Pub. L. No. 101-410, for each false or fraudulent 23 claim , plus three times the amount of damages which the state 24 sustains because of the act of that person : 25 Sec. 314. Section 685.3, subsection 5, paragraph c, Code 26 2011, is amended by striking the paragraph and inserting in 27 lieu thereof the following: 28 c. A court shall dismiss an action or claim under this 29 section, unless opposed by the state, if substantially the 30 same allegations or transactions as alleged in the action or 31 claim were publicly disclosed in a state criminal, civil, or 32 administrative hearing in which the state or an agent of the 33 state is a party; in a state legislative, state auditor, or 34 other state report, hearing, audit, or investigation; or by 35 -249- LSB 2811HV (1) 84 tm/jp 249/ 518
H.F. 697 the news media, unless the action is brought by the attorney 1 general or the qui tam plaintiff is an original source of the 2 information. 3 Sec. 315. Section 685.3, subsection 6, Code 2011, is amended 4 to read as follows: 5 6. a. Any employee, contractor, or agent who shall be 6 entitled to all relief necessary to make that employee, 7 contractor, or agent whole, if that employee, contractor, or 8 agent is discharged, demoted, suspended, threatened, harassed, 9 or in any other manner discriminated against in the terms and 10 conditions of employment because of lawful acts performed 11 done by the employee, contractor, or agent on behalf of 12 the employee, contractor, or agent or associated others in 13 furtherance of an action under this section or other efforts 14 to stop a violation one or more violations of this chapter , 15 shall be entitled to all relief necessary to make the employee, 16 contractor, or agent whole . Such relief 17 b. Relief under paragraph “a” shall include reinstatement 18 with the same seniority status such that employee, contractor, 19 or agent would have had but for the discrimination, two 20 times the amount of back pay, interest on the back pay, and 21 compensation for any special damages sustained as a result of 22 the discrimination, including litigation costs and reasonable 23 attorney fees. An employee, contractor, or agent may bring an 24 action under this subsection may be brought in the appropriate 25 district court of the state for the relief provided in this 26 subsection . 27 c. A civil action under this subsection shall not be brought 28 more than three years after the date when the retaliation 29 occurred. 30 DIVISION XXXIII 31 HEALTH AND HUMAN SERVICES 32 VOLUNTEER HEALTH CARE PROVIDER PROGRAM 33 Sec. 316. Section 135.24, subsection 2, Code 2011, is 34 amended by adding the following new paragraph: 35 -250- LSB 2811HV (1) 84 tm/jp 250/ 518
H.F. 697 NEW PARAGRAPH . e. Procedures for a hospital to register 1 and act as a sponsor entity for the program. A hospital acting 2 as a sponsor entity under this paragraph shall enter into an 3 agreement with the program to allow an individual health care 4 provider who registers and complies with the requirements 5 of this section to deliver free health care services to 6 uninsured and underinsured individuals at the sponsor entity 7 location. The sponsor entity shall not bill, charge, or 8 receive compensation and shall not be considered a state agency 9 under chapter 669 when acting as a sponsor entity under this 10 paragraph. 11 Sec. 317. Section 135.24, subsection 3, paragraph b, Code 12 2011, is amended to read as follows: 13 b. Provided medical, dental, chiropractic, pharmaceutical, 14 nursing, optometric, psychological, social work, behavioral 15 science, podiatric, physical therapy, occupational therapy, 16 respiratory therapy, or emergency medical care services through 17 a hospital, clinic, free clinic, field dental clinic, specialty 18 health care provider office, or other health care facility, 19 health care referral program, or charitable organization listed 20 as eligible and participating by the department pursuant to 21 subsection 1 or through a hospital that has entered into a 22 sponsor entity agreement as described in subsection 2 . 23 DIVISION XXXIV 24 HEALTH AND HUMAN SERVICES 25 DEPARTMENT ON AGING —— FY 2012-2013 26 Sec. 318. DEPARTMENT ON AGING. There is appropriated from 27 the general fund of the state to the department on aging for 28 the fiscal year beginning July 1, 2012, and ending June 30, 29 2013, the following amount, or so much thereof as is necessary, 30 to be used for the purposes designated: 31 For aging programs for the department on aging and area 32 agencies on aging to provide citizens of Iowa who are 60 years 33 of age and older with case management for frail elders, Iowa’s 34 aging and disabilities resource center, and other services 35 -251- LSB 2811HV (1) 84 tm/jp 251/ 518
H.F. 697 which may include but are not limited to adult day services, 1 respite care, chore services, information and assistance, 2 and material aid, for information and options counseling for 3 persons with disabilities who are 18 years of age or older, 4 and for salaries, support, administration, maintenance, and 5 miscellaneous purposes, and for not more than the following 6 full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,757,190 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 9 1. Funds appropriated in this section may be used to 10 supplement federal funds under federal regulations. To 11 receive funds appropriated in this section, a local area 12 agency on aging shall match the funds with moneys from other 13 sources according to rules adopted by the department. Funds 14 appropriated in this section may be used for elderly services 15 not specifically enumerated in this section only if approved 16 by an area agency on aging for provision of the service within 17 the area. 18 2. The amount appropriated in this section includes 19 additional funding of $382,500 for delivery of long-term care 20 services to older individuals with low or moderate incomes. 21 3. Of the funds appropriated in this section, $152,954 shall 22 be transferred to the department of economic development for 23 the Iowa commission on volunteer services to be used for the 24 retired and senior volunteer program. 25 4. a. The department on aging shall establish and enforce 26 procedures relating to expenditure of state and federal funds 27 by area agencies on aging that require compliance with both 28 state and federal laws, rules, and regulations, including but 29 not limited to all of the following: 30 (1) Requiring that expenditures are incurred only for goods 31 or services received or performed prior to the end of the 32 fiscal period designated for use of the funds. 33 (2) Prohibiting prepayment for goods or services not 34 received or performed prior to the end of the fiscal period 35 -252- LSB 2811HV (1) 84 tm/jp 252/ 518
H.F. 697 designated for use of the funds. 1 (3) Prohibiting the prepayment for goods or services 2 not defined specifically by good or service, time period, or 3 recipient. 4 (4) Prohibiting the establishment of accounts from which 5 future goods or services which are not defined specifically by 6 good or service, time period, or recipient, may be purchased. 7 b. The procedures shall provide that if any funds are 8 expended in a manner that is not in compliance with the 9 procedures and applicable federal and state laws, rules, and 10 regulations, and are subsequently subject to repayment, the 11 area agency on aging expending such funds in contravention of 12 such procedures, laws, rules and regulations, not the state, 13 shall be liable for such repayment. 14 DIVISION XXXV 15 HEALTH AND HUMAN SERVICES 16 DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013 17 Sec. 319. DEPARTMENT OF PUBLIC HEALTH. There is 18 appropriated from the general fund of the state to the 19 department of public health for the fiscal year beginning July 20 1, 2012, and ending June 30, 2013, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 1. ADDICTIVE DISORDERS 24 For reducing the prevalence of use of tobacco, alcohol, and 25 other drugs, and treating individuals affected by addictive 26 behaviors, including gambling, and for not more than the 27 following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,597,712 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 30 a. (1) Of the funds appropriated in this subsection, 31 $385,756 shall be transferred to the alcoholic beverages 32 division of the department of commerce for enforcement of 33 tobacco laws, regulations, and ordinances in accordance with 34 2011 Iowa Acts, House File 467, as enacted. 35 -253- LSB 2811HV (1) 84 tm/jp 253/ 518
H.F. 697 (2) Implementation of the tobacco use prevention and 1 control initiative for the fiscal year beginning July 1, 2011, 2 including efforts at the state and local levels, as provided 3 in chapter 142A, shall be limited to the extent of the funding 4 available. 5 b. Of the funds appropriated in this subsection 1, 6 $17,211,956 shall be used for problem gambling and substance 7 abuse prevention, treatment, and recovery services, including a 8 24-hour helpline, public information resources, professional 9 training, and program evaluation. 10 (1) Of the funds allocated in this paragraph “b”, 11 $14,562,632 shall be used for substance abuse prevention and 12 treatment. 13 (a) Of the funds allocated in this subparagraph (1), 14 $764,405 shall be used for the public purpose of a grant 15 program to provide substance abuse prevention programming for 16 children. 17 (i) Of the funds allocated in this subparagraph division 18 (a), $363,408 shall be used for grant funding for organizations 19 that provide programming for children by utilizing mentors. 20 Programs approved for such grants shall be certified or will 21 be certified within six months of receiving the grant award 22 by the Iowa commission on volunteer services as utilizing the 23 standards for effective practice for mentoring programs. 24 (ii) Of the funds allocated in this subparagraph division 25 (a), $362,813 shall be used for grant funding for organizations 26 that provide programming that includes youth development and 27 leadership. The programs shall also be recognized as being 28 programs that are scientifically based with evidence of their 29 effectiveness in reducing substance abuse in children. 30 (iii) The department of public health shall utilize a 31 request for proposals process to implement the grant program. 32 (iv) All grant recipients shall participate in a program 33 evaluation as a requirement for receiving grant funds. 34 (v) Of the funds allocated in this subparagraph division 35 -254- LSB 2811HV (1) 84 tm/jp 254/ 518
H.F. 697 (a), up to $38,184 may be used to administer substance abuse 1 prevention grants and for program evaluations. 2 (b) Of the funds allocated in this subparagraph (1), 3 $232,103 shall be used for culturally competent substance abuse 4 treatment pilot projects. 5 (i) The department shall utilize the amount allocated 6 in this subparagraph division (b) for at least three pilot 7 projects to provide culturally competent substance abuse 8 treatment in various areas of the state. Each pilot project 9 shall target a particular ethnic minority population. The 10 populations targeted shall include but are not limited to 11 African American, Asian, and Latino. 12 (ii) The pilot project requirements shall provide for 13 documentation or other means to ensure access to the cultural 14 competence approach used by a pilot project so that such 15 approach can be replicated and improved upon in successor 16 programs. 17 (2) Of the funds allocated in this paragraph “b”, up 18 to $2,649,324 may be used for problem gambling prevention, 19 treatment, and recovery services. 20 (a) Of the funds allocated in this subparagraph (2), 21 $2,192,150 shall be used for problem gambling prevention and 22 treatment. 23 (b) Of the funds allocated in this subparagraph (2), up to 24 $372,174 may be used for a 24-hour helpline, public information 25 resources, professional training, and program evaluation. 26 (c) Of the funds allocated in this subparagraph (2), up 27 to $85,000 may be used for the licensing of problem gambling 28 treatment programs. 29 (3) It is the intent of the general assembly that from the 30 moneys allocated in this paragraph “b”, persons with a dual 31 diagnosis of substance abuse and gambling addictions shall be 32 given priority in treatment services. 33 c. Notwithstanding any provision of law to the contrary, 34 to standardize the availability, delivery, cost of delivery, 35 -255- LSB 2811HV (1) 84 tm/jp 255/ 518
H.F. 697 and accountability of problem gambling and substance abuse 1 treatment services statewide, the department shall continue 2 implementation of a process to create a system for delivery 3 of treatment services in accordance with the requirements 4 specified in 2008 Iowa Acts, chapter 1187, section 3, 5 subsection 4. To ensure the system provides a continuum of 6 treatment services that best meets the needs of Iowans, the 7 problem gambling and substance abuse treatment services in any 8 area may be provided either by a single agency or by separate 9 agencies submitting a joint proposal. 10 (1) The system for delivery of substance abuse and 11 problem gambling treatment shall include problem gambling 12 prevention by July 1, 2012. The department shall submit a 13 proposed legislative bill in accordance with section 2.16, for 14 consideration during the 2012 legislative session, addressing 15 any statutory revisions necessary for full implementation of 16 the system. 17 (2) The system for delivery of substance abuse and problem 18 gambling treatment shall include substance abuse prevention by 19 July 1, 2014. 20 (3) Of the funds allocated in paragraph “b”, the department 21 may use up to $85,000 for administrative costs to continue 22 developing and implementing the process in accordance with this 23 paragraph “c”. 24 d. The requirement of section 123.53, subsection 5, is met 25 by the appropriations and allocations made in the health and 26 human services divisions of this Act for purposes of substance 27 abuse treatment and addictive disorders for the fiscal year 28 beginning July 1, 2012. 29 e. The department of public health shall work with all other 30 departments that fund substance abuse prevention and treatment 31 services and all such departments shall, to the extent 32 necessary, collectively meet the state maintenance of effort 33 requirements for expenditures for substance abuse services 34 as required under the federal substance abuse prevention and 35 -256- LSB 2811HV (1) 84 tm/jp 256/ 518
H.F. 697 treatment block grant. 1 f. The department shall amend or otherwise revise 2 departmental policies and contract provisions in order to 3 eliminate free t-shirt distribution, banner production, and 4 other unnecessary promotional expenditures. 5 2. HEALTHY CHILDREN AND FAMILIES 6 For promoting the optimum health status for children, 7 adolescents from birth through 21 years of age, and families, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,205,130 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 12 a. Of the funds appropriated in this subsection, not more 13 than $628,420 shall be used for the healthy opportunities to 14 experience success (HOPES)-healthy families Iowa (HFI) program 15 established pursuant to section 135.106. The funding shall 16 be distributed to renew the grants that were provided to the 17 grantees that operated the program during the fiscal year 18 ending June 30, 2012. 19 b. Of the funds appropriated in this subsection, $280,402 20 shall be used to continue to address the healthy mental 21 development of children from birth through five years of age 22 through local evidence-based strategies that engage both the 23 public and private sectors in promoting healthy development, 24 prevention, and treatment for children. 25 c. Of the funds appropriated in this subsection, $26,857 26 shall be distributed to a statewide dental carrier to provide 27 funds to continue the donated dental services program patterned 28 after the projects developed by the lifeline network to provide 29 dental services to indigent elderly and disabled individuals. 30 d. Of the funds appropriated in this subsection, $95,775 31 shall be used for childhood obesity prevention. 32 e. Of the funds appropriated in this subsection, $139,196 33 shall be used to provide audiological services and hearing 34 aids for children. The department may enter into a contract 35 -257- LSB 2811HV (1) 84 tm/jp 257/ 518
H.F. 697 to administer this paragraph. 1 3. CHRONIC CONDITIONS 2 For serving individuals identified as having chronic 3 conditions or special health care needs, and for not more than 4 the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,922,802 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 7 a. Of the funds appropriated in this subsection, $136,495 8 shall be used for grants to individual patients who have 9 phenylketonuria (PKU) to assist with the costs of necessary 10 special foods. 11 b. Of the funds appropriated in this subsection, $411,060 12 is allocated for continuation of the contracts for resource 13 facilitator services in accordance with section 135.22B, 14 subsection 9, and for brain injury training services and 15 recruiting of service providers to increase the capacity within 16 this state to address the needs of individuals with brain 17 injuries and such individuals’ families. 18 c. Of the funds appropriated in this subsection, $398,543 19 shall be used as additional funding to leverage federal funding 20 through the federal Ryan White Care Act, Tit. II, AIDS drug 21 assistance program supplemental drug treatment grants. 22 d. Of the funds appropriated in this subsection, $26,566 23 shall be used for the public purpose of providing a grant to an 24 existing national-affiliated organization to provide education, 25 client-centered programs, and client and family support for 26 people living with epilepsy and their families. 27 e. Of the funds appropriated in this subsection, $670,057 28 shall be used for child health specialty clinics. 29 f. Of the funds appropriated in this subsection, $604,394 30 shall be used for the comprehensive cancer control program to 31 reduce the burden of cancer in Iowa through prevention, early 32 detection, effective treatment, and ensuring quality of life. 33 Of the funds allocated in this lettered paragraph, $309,389 34 shall be used to support a melanoma research symposium, a 35 -258- LSB 2811HV (1) 84 tm/jp 258/ 518
H.F. 697 melanoma biorepository and registry, basic and translational 1 melanoma research, and clinical trials. 2 g. Of the funds appropriated in this subsection, $107,483 3 shall be used for cervical and colon cancer screening. 4 h. Of the funds appropriated in this subsection, $358,515 5 shall be used for the center for congenital and inherited 6 disorders. 7 i. Of the funds appropriated in this subsection, $110,446 8 shall be used for the prescription drug donation repository 9 program created in chapter 135M. 10 4. COMMUNITY CAPACITY 11 For strengthening the health care delivery system at the 12 local level, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,751,954 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 16 a. Of the funds appropriated in this subsection, $85,000 17 is allocated for a child vision screening program implemented 18 through the university of Iowa hospitals and clinics in 19 collaboration with early childhood Iowa areas. 20 b. Of the funds appropriated in this subsection, $94,612 is 21 allocated for continuation of an initiative implemented at the 22 university of Iowa and $85,419 is allocated for continuation of 23 an initiative at the state mental health institute at Cherokee 24 to expand and improve the workforce engaged in mental health 25 treatment and services. The initiatives shall receive input 26 from the university of Iowa, the department of human services, 27 the department of public health, and the mental health, mental 28 retardation, developmental disabilities, and brain injury 29 commission to address the focus of the initiatives. 30 c. Of the funds appropriated in this subsection, $995,767 31 shall be used for essential public health services that promote 32 healthy aging throughout the lifespan, contracted through a 33 formula for local boards of health, to enhance health promotion 34 and disease prevention services. 35 -259- LSB 2811HV (1) 84 tm/jp 259/ 518
H.F. 697 d. Of the funds appropriated in this section, $103,544 shall 1 be deposited in the governmental public health system fund 2 created in section 135A.8 to be used for the purposes of the 3 fund. 4 e. Of the funds appropriated in this subsection, $90,337 5 shall be used for the mental health professional shortage area 6 program implemented pursuant to section 135.80. 7 f. Of the funds appropriated in this subsection, 8 $32,524 shall be used for a grant to a statewide association 9 of psychologists that is affiliated with the American 10 psychological association to be used for continuation of a 11 program to rotate intern psychologists in placements in urban 12 and rural mental health professional shortage areas, as defined 13 in section 135.80. 14 g. Of the funds appropriated in this subsection, the 15 following amounts shall be allocated to the Iowa collaborative 16 safety net provider network established pursuant to section 17 135.153 to be used for the purposes designated. The following 18 amounts allocated under this lettered paragraph shall be 19 distributed to the specified provider and shall not be reduced 20 for administrative or other costs prior to distribution: 21 (1) For distribution to the Iowa primary care association 22 for statewide coordination of the Iowa collaborative safety net 23 provider network: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,107 25 (2) For distribution to the local boards of health that 26 provide direct services for pilot programs in three counties to 27 assist patients in determining an appropriate medical home: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,082 29 (3) For distribution to maternal and child health centers 30 for pilot programs in three counties to assist patients in 31 determining an appropriate medical home: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,082 33 (4) For distribution to free clinics for necessary 34 infrastructure, statewide coordination, provider recruitment, 35 -260- LSB 2811HV (1) 84 tm/jp 260/ 518
H.F. 697 service delivery, and provision of assistance to patients in 1 determining an appropriate medical home: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 96,691 3 (5) For distribution to rural health clinics for necessary 4 infrastructure, statewide coordination, provider recruitment, 5 service delivery, and provision of assistance to patients in 6 determining an appropriate medical home: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,074 8 (6) For continuation of the safety net provider patient 9 access to specialty health care initiative as described in 2007 10 Iowa Acts, chapter 218, section 109: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,657 12 (7) For continuation of the pharmaceutical infrastructure 13 for safety net providers as described in 2007 Iowa Acts, 14 chapter 218, section 108: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 210,452 16 The Iowa collaborative safety net provider network may 17 continue to distribute funds allocated pursuant to this 18 lettered paragraph through existing contracts or renewal of 19 existing contracts. 20 h. Of the funds appropriated in this subsection, 21 $85,000 shall be used for continued implementation of 22 the recommendations of the direct care worker task force 23 established pursuant to 2005 Iowa Acts, chapter 88, based upon 24 the report submitted to the governor and the general assembly 25 in December 2006. The department may use a portion of the 26 funds allocated in this lettered paragraph for an additional 27 position to assist in the continued implementation. 28 i. Of the funds appropriated in this subsection, $127,500 29 shall be used for allocation through a request for proposals 30 process to an independent statewide direct care worker 31 association for education, outreach, and mentoring intended to 32 enhance the recruitment and retention of direct care workers 33 in health care and long-term care settings. Funding allocated 34 under this paragraph shall not be used by the recipient 35 -261- LSB 2811HV (1) 84 tm/jp 261/ 518
H.F. 697 association for lobbying activities as described in section 1 689B.36. 2 j. The department may utilize one of the full-time 3 equivalent positions authorized in this subsection for 4 administration of the activities related to the Iowa 5 collaborative safety net provider network. 6 k. Of the funds appropriated in this subsection, the 7 department may use up to $51,000 for up to one full-time 8 equivalent position to administer the volunteer health care 9 provider program pursuant to section 135.24. 10 l. Of the funds appropriated in this subsection, $42,500 11 shall be used for a matching dental education loan repayment 12 program to be allocated to a dental nonprofit health service 13 corporation to develop the criteria and implement the loan 14 repayment program. 15 m. Of the funds appropriated in this subsection, 16 $309,389 shall be used as state matching funds for the health 17 information network as established by the department of public 18 health. 19 5. HEALTHY AGING 20 To provide public health services that reduce risks and 21 invest in promoting and protecting good health over the 22 course of a lifetime with a priority given to older Iowans and 23 vulnerable populations: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,202,571 25 a. Of the funds appropriated in this subsection, $1,707,809 26 shall be used for local public health nursing services. 27 b. Of the funds appropriated in this subsection, $4,494,762 28 shall be used for home care aide services. 29 6. ENVIRONMENTAL HAZARDS 30 For reducing the public’s exposure to hazards in the 31 environment, primarily chemical hazards, and for not more than 32 the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 691,710 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 35 -262- LSB 2811HV (1) 84 tm/jp 262/ 518
H.F. 697 Of the funds appropriated in this subsection, $462,720 shall 1 be used for childhood lead poisoning provisions. 2 7. INFECTIOUS DISEASES 3 For reducing the incidence and prevalence of communicable 4 diseases, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,143,970 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 8 8. PUBLIC PROTECTION 9 For protecting the health and safety of the public through 10 establishing standards and enforcing regulations, and for not 11 more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,359,797 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 14 a. Of the funds appropriated in this subsection, not more 15 than $400,936 shall be credited to the emergency medical 16 services fund created in section 135.25. Moneys in the 17 emergency medical services fund are appropriated to the 18 department to be used for the purposes of the fund. 19 b. Of the funds appropriated in this subsection, $179,026 20 shall be used for sexual violence prevention programming 21 through a statewide organization representing programs serving 22 victims of sexual violence through the department’s sexual 23 violence prevention program. The amount allocated in this 24 lettered paragraph shall not be used to supplant funding 25 administered for other sexual violence prevention or victims 26 assistance programs. 27 c. Of the funds appropriated in this subsection, not more 28 than $371,095 shall be used for the state poison control 29 center. 30 9. RESOURCE MANAGEMENT 31 For establishing and sustaining the overall ability of the 32 department to deliver services to the public, and for not more 33 than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 696,621 35 -263- LSB 2811HV (1) 84 tm/jp 263/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 1 The university of Iowa hospitals and clinics under the 2 control of the state board of regents shall not receive 3 indirect costs from the funds appropriated in this section. 4 The university of Iowa hospitals and clinics billings to the 5 department shall be on at least a quarterly basis. 6 DIVISION XXXVI 7 HEALTH AND HUMAN SERVICES 8 DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013 9 Sec. 320. DEPARTMENT OF VETERANS AFFAIRS. There is 10 appropriated from the general fund of the state to the 11 department of veterans affairs for the fiscal year beginning 12 July 1, 2012, and ending June 30, 2013, the following amounts, 13 or so much thereof as is necessary, to be used for the purposes 14 designated: 15 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 16 For salaries, support, maintenance, and miscellaneous 17 purposes, including the war orphans educational assistance fund 18 created in section 35.8, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,007 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 22 2. IOWA VETERANS HOME 23 For salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,609,328 26 a. The Iowa veterans home billings involving the department 27 of human services shall be submitted to the department on at 28 least a monthly basis. 29 b. If there is a change in the employer of employees 30 providing services at the Iowa veterans home under a collective 31 bargaining agreement, such employees and the agreement shall 32 be continued by the successor employer as though there had not 33 been a change in employer. 34 c. Within available resources and in conformance with 35 -264- LSB 2811HV (1) 84 tm/jp 264/ 518
H.F. 697 associated state and federal program eligibility requirements, 1 the Iowa veterans home may implement measures to provide 2 financial assistance to or on behalf of veterans or their 3 spouses participating in the community reentry program. 4 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 5 VETERANS 6 For provision of educational assistance pursuant to section 7 35.9: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,554 9 Sec. 321. LIMITATION OF COUNTY COMMISSION OF VETERANS 10 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 11 standing appropriation in the following designated section for 12 the fiscal year beginning July 1, 2012, and ending June 30, 13 2013, the amounts appropriated from the general fund of the 14 state pursuant to that section for the following designated 15 purposes shall not exceed the following amount: 16 For the county commissions of veterans affairs fund under 17 section 35A.16: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 841,500 19 DIVISION XXXVII 20 HEALTH AND HUMAN SERVICES 21 DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013 22 Sec. 322. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 23 GRANT. There is appropriated from the fund created in section 24 8.41 to the department of human services for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, from moneys 26 received under the federal temporary assistance for needy 27 families (TANF) block grant pursuant to the federal Personal 28 Responsibility and Work Opportunity Reconciliation Act of 1996, 29 Pub. L. No. 104-193, and successor legislation, and from moneys 30 received under the emergency contingency fund for temporary 31 assistance for needy families state program established 32 pursuant to the federal American Recovery and Reinvestment Act 33 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 34 the following amounts, or so much thereof as is necessary, to 35 -265- LSB 2811HV (1) 84 tm/jp 265/ 518
H.F. 697 be used for the purposes designated: 1 1. To be credited to the family investment program account 2 and used for assistance under the family investment program 3 under chapter 239B: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,275,627 5 2. To be credited to the family investment program account 6 and used for the job opportunities and basic skills (JOBS) 7 program and implementing family investment agreements in 8 accordance with chapter 239B: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,549,799 10 3. To be used for the family development and 11 self-sufficiency grant program in accordance with section 12 216A.107: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,464,133 14 Notwithstanding section 8.33, moneys appropriated in this 15 subsection that remain unencumbered or unobligated at the close 16 of the fiscal year shall not revert but shall remain available 17 for expenditure for the purposes designated until the close of 18 the succeeding fiscal year. However, unless such moneys are 19 encumbered or obligated on or before September 30, 2013, the 20 moneys shall revert. 21 4. For field operations: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,601,797 23 5. For general administration: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,182,400 25 6. For state child care assistance: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,925,284 27 The funds appropriated in this subsection shall be 28 transferred to the child care and development block grant 29 appropriation made by the Eighty-fourth General Assembly, 2012 30 Session, for the federal fiscal year beginning October 1, 31 2012, and ending September 30, 2013. Of this amount, $170,000 32 shall be used for provision of educational opportunities to 33 registered child care home providers in order to improve 34 services and programs offered by this category of providers 35 -266- LSB 2811HV (1) 84 tm/jp 266/ 518
H.F. 697 and to increase the number of providers. The department may 1 contract with institutions of higher education or child care 2 resource and referral centers to provide the educational 3 opportunities. Allowable administrative costs under the 4 contracts shall not exceed 5 percent. The application for a 5 grant shall not exceed two pages in length. 6 7. For mental health and developmental disabilities 7 community services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,159,944 9 8. For child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,271,766 11 9. For child abuse prevention grants: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 106,250 13 10. For pregnancy prevention grants on the condition that 14 family planning services are funded: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,640,557 16 Pregnancy prevention grants shall be awarded to pregnancy 17 prevention programs that are based on existing models that 18 have demonstrated positive outcomes. Grants shall comply with 19 the requirements provided in 1997 Iowa Acts, chapter 208, 20 section 14, subsections 1 and 2, including the requirement that 21 grant programs must emphasize sexual abstinence. Priority in 22 the awarding of grants shall be given to programs that serve 23 areas of the state which demonstrate the highest percentage of 24 unplanned pregnancies of females of childbearing age within the 25 geographic area to be served by the grant. 26 11. For technology needs and other resources necessary 27 to meet federal welfare reform reporting, tracking, and case 28 management requirements: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 881,608 30 12. To be credited to the state child care assistance 31 appropriation made in this section to be used for funding of 32 community-based early childhood programs targeted to children 33 from birth through five years of age developed by early 34 childhood Iowa areas as provided in section 256I.11: 35 -267- LSB 2811HV (1) 84 tm/jp 267/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,397,500 1 The department shall transfer TANF block grant funding 2 appropriated and allocated in this subsection to the child care 3 and development block grant appropriation in accordance with 4 federal law as necessary to comply with the provisions of this 5 subsection. 6 13. a. Notwithstanding any provision to the contrary, 7 including but not limited to requirements in section 8.41 or 8 provisions in 2011 or 2012 Iowa Acts regarding the receipt 9 and appropriation of federal block grants, federal funds 10 from the emergency contingency fund for temporary assistance 11 for needy families state program established pursuant to the 12 federal American Recovery and Reinvestment Act of 2009, Pub. 13 L. No. 111-5 § 2101, received by the state during the fiscal 14 year beginning July 1, 2011, and ending June 30, 2012, not 15 otherwise appropriated in this section and remaining available 16 as of July 1, 2012, and received by the state during the fiscal 17 year beginning July 1, 2012, and ending June 30, 2013, are 18 appropriated to the extent as may be necessary to be used in 19 the following priority order: the family investment program 20 for the fiscal year and for state child care assistance program 21 payments for individuals enrolled in the family investment 22 program who are employed. The federal funds appropriated in 23 this paragraph “a” shall be expended only after all other 24 funds appropriated in subsection 1 for the assistance under 25 the family investment program under chapter 239B have been 26 expended. 27 b. The department shall, on a quarterly basis, advise the 28 legislative services agency and department of management of 29 the amount of funds appropriated in this subsection that was 30 expended in the prior quarter. 31 14. Of the amounts appropriated in this section, 32 $11,017,707 for the fiscal year beginning July 1, 2012, shall 33 be transferred to the appropriation of the federal social 34 services block grant made for that fiscal year. 35 -268- LSB 2811HV (1) 84 tm/jp 268/ 518
H.F. 697 15. For continuation of the program allowing the department 1 to maintain categorical eligibility for the food assistance 2 program as required under the section of this division of this 3 Act relating to the family investment account: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 124,161 5 16. The department may transfer funds allocated in this 6 section to the appropriations made in this division of this Act 7 for general administration and field operations for resources 8 necessary to implement and operate the services referred to in 9 this section and those funded in the appropriation made in this 10 division of this Act for the family investment program from the 11 general fund of the state. 12 Sec. 323. FAMILY INVESTMENT PROGRAM ACCOUNT. 13 1. Moneys credited to the family investment program (FIP) 14 account for the fiscal year beginning July 1, 2012, and 15 ending June 30, 2013, shall be used to provide assistance in 16 accordance with chapter 239B. 17 2. The department may use a portion of the moneys credited 18 to the FIP account under this section as necessary for 19 salaries, support, maintenance, and miscellaneous purposes. 20 3. The department may transfer funds allocated in this 21 section to the appropriations in this division of this Act 22 for general administration and field operations for resources 23 necessary to implement and operate the services referred to in 24 this section and those funded in the appropriation made in this 25 division of this Act for the family investment program from the 26 general fund of the state. 27 4. Moneys appropriated in this division of this Act and 28 credited to the FIP account for the fiscal year beginning July 29 1, 2012, and ending June 30, 2013, are allocated as follows: 30 a. To be retained by the department of human services to 31 be used for coordinating with the department of human rights 32 to more effectively serve participants in the FIP program and 33 other shared clients and to meet federal reporting requirements 34 under the federal temporary assistance for needy families block 35 -269- LSB 2811HV (1) 84 tm/jp 269/ 518
H.F. 697 grant: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,000 2 b. To the department of human rights for staffing, 3 administration, and implementation of the family development 4 and self-sufficiency grant program in accordance with section 5 216A.107: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,541,409 7 (1) Of the funds allocated for the family development and 8 self-sufficiency grant program in this lettered paragraph, 9 not more than 5 percent of the funds shall be used for the 10 administration of the grant program. 11 (2) The department of human rights may continue to implement 12 the family development and self-sufficiency grant program 13 statewide during fiscal year 2012-2013. 14 c. For the diversion subaccount of the FIP account: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,443,640 16 A portion of the moneys allocated for the subaccount may 17 be used for field operations salaries, data management system 18 development, and implementation costs and support deemed 19 necessary by the director of human services in order to 20 administer the FIP diversion program. 21 d. For the food stamp employment and training program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,600 23 (1) The department shall amend the food stamp employment and 24 training state plan in order to maximize to the fullest extent 25 permitted by federal law the use of the 50-50 match provisions 26 for the claiming of allowable federal matching funds from the 27 United States department of agriculture pursuant to the federal 28 food stamp employment and training program for providing 29 education, employment, and training services for eligible food 30 assistance program participants, including but not limited to 31 related dependent care and transportation expenses. 32 (2) The department shall continue the categorical federal 33 food assistance program eligibility at 160 percent of the 34 federal poverty level and continue to eliminate the asset test 35 -270- LSB 2811HV (1) 84 tm/jp 270/ 518
H.F. 697 from eligibility requirements, consistent with federal food 1 assistance program requirements. The department shall include 2 as many food assistance households as is allowed by federal 3 law. The eligibility provisions shall conform to all federal 4 requirements including requirements addressing individuals who 5 are incarcerated or otherwise ineligible. 6 e. For the JOBS program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,200,519 8 5. Of the child support collections assigned under FIP, 9 an amount equal to the federal share of support collections 10 shall be credited to the child support recovery appropriation 11 made in this division of this Act. Of the remainder of the 12 assigned child support collections received by the child 13 support recovery unit, a portion shall be credited to the FIP 14 account, a portion may be used to increase recoveries, and a 15 portion may be used to sustain cash flow in the child support 16 payments account. If as a consequence of the appropriations 17 and allocations made in this section the resulting amounts 18 are insufficient to sustain cash assistance payments and meet 19 federal maintenance of effort requirements, the department 20 shall seek supplemental funding. If child support collections 21 assigned under FIP are greater than estimated or are otherwise 22 determined not to be required for maintenance of effort, the 23 state share of either amount may be transferred to or retained 24 in the child support payment account. 25 6. The department may adopt emergency rules for the family 26 investment, JOBS, food stamp, and medical assistance programs 27 if necessary to comply with federal requirements. 28 Sec. 324. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 29 is appropriated from the general fund of the state to the 30 department of human services for the fiscal year beginning July 31 1, 2012, and ending June 30, 2013, the following amount, or 32 so much thereof as is necessary, to be used for the purpose 33 designated: 34 To be credited to the family investment program (FIP) 35 -271- LSB 2811HV (1) 84 tm/jp 271/ 518
H.F. 697 account and used for family investment program assistance under 1 chapter 239B: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,645,373 3 1. Of the funds appropriated in this section, $6,650,720 is 4 allocated for the JOBS program. 5 2. Of the funds appropriated in this section, $2,094,276 is 6 allocated for the family development and self-sufficiency grant 7 program. 8 3. Notwithstanding section 8.39, for the fiscal year 9 beginning July 1, 2012, if necessary to meet federal 10 maintenance of effort requirements or to transfer federal 11 temporary assistance for needy families block grant funding 12 to be used for purposes of the federal social services block 13 grant or to meet cash flow needs resulting from delays in 14 receiving federal funding or to implement, in accordance with 15 this division of this Act, activities currently funded with 16 juvenile court services, county, or community moneys and state 17 moneys used in combination with such moneys, the department 18 of human services may transfer funds within or between any 19 of the appropriations made in this division of this Act and 20 appropriations in law for the federal social services block 21 grant to the department for the following purposes, provided 22 that the combined amount of state and federal temporary 23 assistance for needy families block grant funding for each 24 appropriation remains the same before and after the transfer: 25 a. For the family investment program. 26 b. For child care assistance. 27 c. For child and family services. 28 d. For field operations. 29 e. For general administration. 30 f. MH/MR/DD/BI community services (local purchase). 31 This subsection shall not be construed to prohibit the use 32 of existing state transfer authority for other purposes. The 33 department shall report any transfers made pursuant to this 34 subsection to the legislative services agency. 35 -272- LSB 2811HV (1) 84 tm/jp 272/ 518
H.F. 697 4. Of the funds appropriated in this section, $166,326 shall 1 be used for continuation of a grant to an Iowa-based nonprofit 2 organization with a history of providing tax preparation 3 assistance to low-income Iowans in order to expand the usage of 4 the earned income tax credit. The purpose of the grant is to 5 supply this assistance to underserved areas of the state. 6 Sec. 325. CHILD SUPPORT RECOVERY. There is appropriated 7 from the general fund of the state to the department of human 8 services for the fiscal year beginning July 1, 2012, and ending 9 June 30, 2013, the following amount, or so much thereof as is 10 necessary, to be used for the purposes designated: 11 For child support recovery, including salaries, support, 12 maintenance, and miscellaneous purposes, and for not more than 13 the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,087,783 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 16 1. The department shall expend up to $20,680, including 17 federal financial participation, for the fiscal year beginning 18 July 1, 2012, for a child support public awareness campaign. 19 The department and the office of the attorney general shall 20 cooperate in continuation of the campaign. The public 21 awareness campaign shall emphasize, through a variety of 22 media activities, the importance of maximum involvement of 23 both parents in the lives of their children as well as the 24 importance of payment of child support obligations. 25 2. Federal access and visitation grant moneys shall be 26 issued directly to private not-for-profit agencies that provide 27 services designed to increase compliance with the child access 28 provisions of court orders, including but not limited to 29 neutral visitation sites and mediation services. 30 3. The appropriation made to the department for child 31 support recovery may be used throughout the fiscal year in the 32 manner necessary for purposes of cash flow management, and for 33 cash flow management purposes the department may temporarily 34 draw more than the amount appropriated, provided the amount 35 -273- LSB 2811HV (1) 84 tm/jp 273/ 518
H.F. 697 appropriated is not exceeded at the close of the fiscal year. 1 4. With the exception of the funding amount specified, the 2 requirements established under 2001 Iowa Acts, chapter 191, 3 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 4 be applicable to parental obligation pilot projects for the 5 fiscal year beginning July 1, 2012, and ending June 30, 2013. 6 Notwithstanding 441 IAC 100.8, providing for termination of 7 rules relating to the pilot projects, the rules shall remain 8 in effect until June 30, 2013. 9 Sec. 326. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 10 funds remaining in the health care trust fund created in 11 section 453A.35A for the fiscal year beginning July 1, 2012, 12 and ending June 30, 2013, are appropriated to the department 13 of human services to supplement the medical assistance 14 program appropriations made in the health and human services 15 divisions of this Act, for medical assistance reimbursement and 16 associated costs, including program administration and costs 17 associated with implementation. 18 Sec. 327. MEDICAL ASSISTANCE. There is appropriated from 19 the general fund of the state to the department of human 20 services for the fiscal year beginning July 1, 2012, and ending 21 June 30, 2013, the following amount, or so much thereof as is 22 necessary, to be used for the purpose designated: 23 For medical assistance reimbursement and associated costs 24 as specifically provided in the reimbursement methodologies 25 in effect on June 30, 2012, except as otherwise expressly 26 authorized by law, including reimbursement for abortion 27 services which shall be available under the medical assistance 28 program only for those abortions which are medically necessary: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $907,162,189 30 1. Medically necessary abortions are those performed under 31 any of the following conditions: 32 a. The attending physician certifies that continuing the 33 pregnancy would endanger the life of the pregnant woman. 34 b. Any spontaneous abortion, commonly known as a 35 -274- LSB 2811HV (1) 84 tm/jp 274/ 518
H.F. 697 miscarriage, if not all of the products of conception are 1 expelled. 2 2. The department shall utilize not more than $60,000 of 3 the funds appropriated in this section to continue the AIDS/HIV 4 health insurance premium payment program as established in 1992 5 Iowa Acts, Second Extraordinary Session, chapter 1001, section 6 409, subsection 6. Of the funds allocated in this subsection, 7 not more than $5,000 may be expended for administrative 8 purposes. 9 3. Of the funds appropriated in the department of public 10 health division of this Act to the department of public health 11 for addictive disorders for FY 2012-2013, $950,000 for the 12 fiscal year beginning July 1, 2012, shall be transferred to 13 the department of human services for an integrated substance 14 abuse managed care system. The department shall not assume 15 management of the substance abuse system in place of the 16 managed care contractor unless such a change in approach is 17 specifically authorized in law. The departments of human 18 services and public health shall work together to maintain 19 the level of mental health and substance abuse services 20 provided by the managed care contractor through the Iowa plan 21 for behavioral health. Each department shall take the steps 22 necessary to continue the federal waivers as necessary to 23 maintain the level of services. 24 4. a. The department shall aggressively pursue options for 25 providing medical assistance or other assistance to individuals 26 with special needs who become ineligible to continue receiving 27 services under the early and periodic screening, diagnostic, 28 and treatment program under the medical assistance program 29 due to becoming 21 years of age who have been approved for 30 additional assistance through the department’s exception to 31 policy provisions, but who have health care needs in excess 32 of the funding available through the exception to policy 33 provisions. 34 b. Of the funds appropriated in this section, $100,000 35 -275- LSB 2811HV (1) 84 tm/jp 275/ 518
H.F. 697 shall be used for participation in one or more pilot projects 1 operated by a private provider to allow the individual or 2 individuals to receive service in the community in accordance 3 with principles established in Olmstead v. L.C., 527 U.S. 581 4 (1999), for the purpose of providing medical assistance or 5 other assistance to individuals with special needs who become 6 ineligible to continue receiving services under the early and 7 periodic screening, diagnosis, and treatment program under 8 the medical assistance program due to becoming 21 years of 9 age who have been approved for additional assistance through 10 the department’s exception to policy provisions, but who have 11 health care needs in excess of the funding available through 12 the exception to the policy provisions. 13 5. Of the funds appropriated in this section, up to 14 $3,050,082 may be transferred to the field operations or 15 general administration appropriations in this division of this 16 Act for operational costs associated with Part D of the federal 17 Medicare Prescription Drug Improvement and Modernization Act 18 of 2003, Pub. L. No. 108-173. 19 6. Of the funds appropriated in this section, up to $442,100 20 may be transferred to the appropriation in this division 21 of this Act for medical contracts to be used for clinical 22 assessment services and prior authorization of services. 23 7. A portion of the funds appropriated in this section 24 may be transferred to the appropriations in this division of 25 this Act for general administration, medical contracts, the 26 children’s health insurance program, or field operations to be 27 used for the state match cost to comply with the payment error 28 rate measurement (PERM) program for both the medical assistance 29 and children’s health insurance programs as developed by the 30 centers for Medicare and Medicaid services of the United States 31 department of health and human services to comply with the 32 federal Improper Payments Information Act of 2002, Pub. L. No. 33 107-300. 34 8. It is the intent of the general assembly that the 35 -276- LSB 2811HV (1) 84 tm/jp 276/ 518
H.F. 697 department continue to implement the recommendations of 1 the assuring better child health and development initiative 2 II (ABCDII) clinical panel to the Iowa early and periodic 3 screening, diagnostic, and treatment services healthy mental 4 development collaborative board regarding changes to billing 5 procedures, codes, and eligible service providers. 6 9. Of the funds appropriated in this section, a sufficient 7 amount is allocated to supplement the incomes of residents of 8 nursing facilities, intermediate care facilities for persons 9 with mental illness, and intermediate care facilities for 10 persons with mental retardation, with incomes of less than $50 11 in the amount necessary for the residents to receive a personal 12 needs allowance of $50 per month pursuant to section 249A.30A. 13 10. Of the funds appropriated in this section, the following 14 amounts shall be transferred to the appropriations made in this 15 division of this Act for the state mental health institutes: 16 a. Cherokee mental health institute .......... $ 9,098,425 17 b. Clarinda mental health institute .......... $ 1,977,305 18 c. Independence mental health institute ...... $ 9,045,894 19 d. Mount Pleasant mental health institute .... $ 5,752,587 20 11. a. Of the funds appropriated in this section, 21 $7,425,684 is allocated for the state match for a 22 disproportionate share hospital payment of $19,133,430 to 23 hospitals that meet both of the conditions specified in 24 subparagraphs (1) and (2). In addition, the hospitals that 25 meet the conditions specified shall either certify public 26 expenditures or transfer to the medical assistance program 27 an amount equal to provide the nonfederal share for a 28 disproportionate share hospital payment of $7,500,000. The 29 hospitals that meet the conditions specified shall receive and 30 retain 100 percent of the total disproportionate share hospital 31 payment of $26,633,430. 32 (1) The hospital qualifies for disproportionate share and 33 graduate medical education payments. 34 (2) The hospital is an Iowa state-owned hospital with more 35 -277- LSB 2811HV (1) 84 tm/jp 277/ 518
H.F. 697 than 500 beds and eight or more distinct residency specialty 1 or subspecialty programs recognized by the American college of 2 graduate medical education. 3 b. Distribution of the disproportionate share payments 4 shall be made on a monthly basis. The total amount of 5 disproportionate share payments including graduate medical 6 education, enhanced disproportionate share, and Iowa 7 state-owned teaching hospital payments shall not exceed the 8 amount of the state’s allotment under Pub. L. No. 102-234. 9 In addition, the total amount of all disproportionate 10 share payments shall not exceed the hospital-specific 11 disproportionate share limits under Pub. L. No. 103-66. 12 12. The university of Iowa hospitals and clinics shall 13 either certify public expenditures or transfer to the medical 14 assistance appropriation an amount equal to provide the 15 nonfederal share for increased medical assistance payments for 16 inpatient and outpatient hospital services of $9,900,000. The 17 university of Iowa hospitals and clinics shall receive and 18 retain 100 percent of the total increase in medical assistance 19 payments. 20 13. Of the funds appropriated in this section, up to 21 $4,480,304 may be transferred to the IowaCare account created 22 in section 249J.24. 23 14. Of the funds appropriated in this section, $200,000 24 shall be used for the Iowa chronic care consortium pursuant to 25 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 26 Iowa Acts, chapter 179, sections 166 and 167. 27 15. One hundred percent of the nonfederal share of payments 28 to area education agencies that are medical assistance 29 providers for medical assistance-covered services provided to 30 medical assistance-covered children, shall be made from the 31 appropriation made in this section. 32 16. Any new or renewed contract entered into by the 33 department with a third party to administer behavioral health 34 services under the medical assistance program shall provide 35 -278- LSB 2811HV (1) 84 tm/jp 278/ 518
H.F. 697 that any interest earned on payments from the state during 1 the state fiscal year shall be remitted to the department 2 and treated as recoveries to offset the costs of the medical 3 assistance program. 4 17. The department shall continue to implement the 5 provisions in 2007 Iowa Acts, chapter 218, section 124 and 6 section 126, as amended by 2008 Iowa Acts, chapter 1188, 7 section 55, relating to eligibility for certain persons with 8 disabilities under the medical assistance program in accordance 9 with the federal family opportunity Act. 10 18. A portion of the funds appropriated in this section 11 may be transferred to the appropriation in this division of 12 this Act for medical contracts to be used for administrative 13 activities associated with the money follows the person 14 demonstration project. 15 19. Of the funds appropriated in this section, $349,011 16 shall be used for the administration of the health insurance 17 premium payment program, including salaries, support, 18 maintenance, and miscellaneous purposes for the fiscal year 19 beginning July 1, 2012. 20 20. Notwithstanding any provision of law to the contrary, 21 the department of human services shall continue implementation 22 of the amended section 1915(b) waiver and Iowa plan contract 23 for inclusion of remedial services under the Iowa plan contract 24 for the fiscal year beginning July 1, 2012. 25 Sec. 328. MEDICAL CONTRACTS. There is appropriated from the 26 general fund of the state to the department of human services 27 for the fiscal year beginning July 1, 2012, and ending June 30, 28 2013, the following amount, or so much thereof as is necessary, 29 to be used for the purpose designated: 30 For medical contracts: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,950,267 32 The department of inspections and appeals shall provide all 33 state matching funds for survey and certification activities 34 performed by the department of inspections and appeals. 35 -279- LSB 2811HV (1) 84 tm/jp 279/ 518
H.F. 697 The department of human services is solely responsible for 1 distributing the federal matching funds for such activities. 2 Sec. 329. STATE SUPPLEMENTARY ASSISTANCE. 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, 2012, and ending June 30, 2013, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purpose designated: 8 For the state supplementary assistance program: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,323,135 10 2. The department shall increase the personal needs 11 allowance for residents of residential care facilities by the 12 same percentage and at the same time as federal supplemental 13 security income and federal social security benefits are 14 increased due to a recognized increase in the cost of living. 15 The department may adopt emergency rules to implement this 16 subsection. 17 3. If during the fiscal year beginning July 1, 2012, 18 the department projects that state supplementary assistance 19 expenditures for a calendar year will not meet the federal 20 pass-through requirement specified in Tit. XVI of the federal 21 Social Security Act, section 1618, as codified in 42 U.S.C. 22 § 1382g, the department may take actions including but not 23 limited to increasing the personal needs allowance for 24 residential care facility residents and making programmatic 25 adjustments or upward adjustments of the residential care 26 facility or in-home health-related care reimbursement rates 27 prescribed in this division of this Act to ensure that federal 28 requirements are met. In addition, the department may make 29 other programmatic and rate adjustments necessary to remain 30 within the amount appropriated in this section while ensuring 31 compliance with federal requirements. The department may adopt 32 emergency rules to implement the provisions of this subsection. 33 Sec. 330. CHILDREN’S HEALTH INSURANCE PROGRAM. There 34 is appropriated from the general fund of the state to the 35 -280- LSB 2811HV (1) 84 tm/jp 280/ 518
H.F. 697 department of human services for the fiscal year beginning July 1 1, 2012, and ending June 30, 2013, the following amount, or 2 so much thereof as is necessary, to be used for the purpose 3 designated: 4 For maintenance of the healthy and well kids in Iowa (hawk-i) 5 program pursuant to chapter 514I, including supplemental dental 6 services, for receipt of federal financial participation under 7 Tit. XXI of the federal Social Security Act, which creates the 8 children’s health insurance program: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,775,579 10 Sec. 331. CHILD CARE ASSISTANCE. There is appropriated 11 from the general fund of the state to the department of human 12 services for the fiscal year beginning July 1, 2012, and ending 13 June 30, 2013, the following amount, or so much thereof as is 14 necessary, to be used for the purpose designated: 15 For child care programs: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,952,013 17 1. Of the funds appropriated in this section, $44,088,000 18 shall be used for state child care assistance in accordance 19 with section 237A.13. 20 2. Nothing in this section shall be construed or is 21 intended as or shall imply a grant of entitlement for services 22 to persons who are eligible for assistance due to an income 23 level consistent with the waiting list requirements of section 24 237A.13. Any state obligation to provide services pursuant to 25 this section is limited to the extent of the funds appropriated 26 in this section. 27 3. Of the funds appropriated in this section, $367,585 is 28 allocated for the statewide program for child care resource 29 and referral services under section 237A.26. A list of the 30 registered and licensed child care facilities operating in the 31 area served by a child care resource and referral service shall 32 be made available to the families receiving state child care 33 assistance in that area. 34 4. Of the funds appropriated in this section, $796,428 35 -281- LSB 2811HV (1) 84 tm/jp 281/ 518
H.F. 697 is allocated for child care quality improvement initiatives 1 including but not limited to the voluntary quality rating 2 system in accordance with section 237A.30. 3 5. The department may use any of the funds appropriated 4 in this section as a match to obtain federal funds for use in 5 expanding child care assistance and related programs. For 6 the purpose of expenditures of state and federal child care 7 funding, funds shall be considered obligated at the time 8 expenditures are projected or are allocated to the department’s 9 service areas. Projections shall be based on current and 10 projected caseload growth, current and projected provider 11 rates, staffing requirements for eligibility determination 12 and management of program requirements including data systems 13 management, staffing requirements for administration of the 14 program, contractual and grant obligations and any transfers 15 to other state agencies, and obligations for decategorization 16 or innovation projects. 17 6. A portion of the state match for the federal child care 18 and development block grant shall be provided as necessary to 19 meet federal matching funds requirements through the state 20 general fund appropriation made for child development grants 21 and other programs for at-risk children in section 279.51. 22 7. If a uniform reduction ordered by the governor under 23 section 8.31 or other operation of law, transfer, or federal 24 funding reduction reduces the appropriation made in this 25 section for the fiscal year, the percentage reduction in the 26 amount paid out to or on behalf of the families participating 27 in the state child care assistance program shall be equal to or 28 less than the percentage reduction made for any other purpose 29 payable from the appropriation made in this section and the 30 federal funding relating to it. The percentage reduction to 31 the other allocations made in this section shall be the same as 32 the uniform reduction ordered by the governor or the percentage 33 change of the federal funding reduction, as applicable. 34 If there is an unanticipated increase in federal funding 35 -282- LSB 2811HV (1) 84 tm/jp 282/ 518
H.F. 697 provided for state child care assistance, the entire amount 1 of the increase shall be used for state child care assistance 2 payments. If the appropriations made for purposes of the 3 state child care assistance program for the fiscal year are 4 determined to be insufficient, it is the intent of the general 5 assembly to appropriate sufficient funding for the fiscal year 6 in order to avoid establishment of waiting list requirements. 7 8. Notwithstanding section 8.33, moneys appropriated in 8 this section or received from the federal appropriations made 9 for the purposes of this section that remain unencumbered or 10 unobligated at the close of the fiscal year shall not revert 11 to any fund but shall remain available for expenditure for the 12 purposes designated until the close of the succeeding fiscal 13 year. 14 Sec. 332. JUVENILE INSTITUTIONS. There is appropriated 15 from the general fund of the state to the department of human 16 services for the fiscal year beginning July 1, 2012, and ending 17 June 30, 2013, the following amounts, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 1. For operation of the Iowa juvenile home at Toledo and for 20 salaries, support, maintenance, and miscellaneous purposes, and 21 for not more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,019,513 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 24 2. For operation of the state training school at Eldora and 25 for salaries, support, maintenance, and miscellaneous purposes, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,042,875 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 30 Of the funds appropriated in this subsection, $77,478 shall 31 be used for distribution to licensed classroom teachers at this 32 and other institutions under the control of the department of 33 human services based upon the average student yearly enrollment 34 at each institution as determined by the department. 35 -283- LSB 2811HV (1) 84 tm/jp 283/ 518
H.F. 697 3. A portion of the moneys appropriated in this section 1 shall be used by the state training school and by the Iowa 2 juvenile home for grants for adolescent pregnancy prevention 3 activities at the institutions in the fiscal year beginning 4 July 1, 2012. 5 Sec. 333. CHILD AND FAMILY SERVICES. 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2012, and ending June 30, 2013, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For child and family services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,981,332 13 2. In order to address a reduction of $5,200,000 from the 14 amount allocated under the appropriation made for the purposes 15 of this section in prior years for purposes of juvenile 16 delinquent graduated sanction services, up to $4,420,000 of the 17 amount of federal temporary assistance for needy families block 18 grant funding appropriated in this division of this Act for 19 child and family services shall be made available for purposes 20 of juvenile delinquent graduated sanction services. 21 3. The department may transfer funds appropriated in this 22 section as necessary to pay the nonfederal costs of services 23 reimbursed under the medical assistance program, state child 24 care assistance program, or the family investment program which 25 are provided to children who would otherwise receive services 26 paid under the appropriation in this section. The department 27 may transfer funds appropriated in this section to the 28 appropriations made in this division of this Act for general 29 administration and for field operations for resources necessary 30 to implement and operate the services funded in this section. 31 4. a. Of the funds appropriated in this section, up to 32 $25,643,760 is allocated as the statewide expenditure target 33 under section 232.143 for group foster care maintenance and 34 services. If the department projects that such expenditures 35 -284- LSB 2811HV (1) 84 tm/jp 284/ 518
H.F. 697 for the fiscal year will be less than the target amount 1 allocated in this lettered paragraph, the department may 2 reallocate the excess to provide additional funding for shelter 3 care or the child welfare emergency services addressed with the 4 allocation for shelter care. 5 b. If at any time after September 30, 2012, annualization 6 of a service area’s current expenditures indicates a service 7 area is at risk of exceeding its group foster care expenditure 8 target under section 232.143 by more than 5 percent, the 9 department and juvenile court services shall examine all 10 group foster care placements in that service area in order to 11 identify those which might be appropriate for termination. 12 In addition, any aftercare services believed to be needed 13 for the children whose placements may be terminated shall be 14 identified. The department and juvenile court services shall 15 initiate action to set dispositional review hearings for the 16 placements identified. In such a dispositional review hearing, 17 the juvenile court shall determine whether needed aftercare 18 services are available and whether termination of the placement 19 is in the best interest of the child and the community. 20 5. In accordance with the provisions of section 232.188, 21 the department shall continue the child welfare and juvenile 22 justice funding initiative during fiscal year 2012-2013. Of 23 the funds appropriated in this section, $1,460,090 is allocated 24 specifically for expenditure for fiscal year 2012-2013 through 25 the decategorization service funding pools and governance 26 boards established pursuant to section 232.188. 27 6. A portion of the funds appropriated in this section 28 may be used for emergency family assistance to provide other 29 resources required for a family participating in a family 30 preservation or reunification project or successor project to 31 stay together or to be reunified. 32 7. Notwithstanding section 234.35 or any other provision 33 of law to the contrary, state funding for shelter care and 34 the child welfare emergency services contracting implemented 35 -285- LSB 2811HV (1) 84 tm/jp 285/ 518
H.F. 697 to provide for or prevent the need for shelter care shall be 1 limited to $6,094,599. The department may execute contracts 2 that result from the department’s request for proposal, bid 3 number ACFS-11-114, to provide the range of child welfare 4 emergency services described in the request for proposals, and 5 any subsequent amendments to the request for proposals. 6 8. Federal funds received by the state during the fiscal 7 year beginning July 1, 2012, as the result of the expenditure 8 of state funds appropriated during a previous state fiscal 9 year for a service or activity funded under this section are 10 appropriated to the department to be used as additional funding 11 for services and purposes provided for under this section. 12 Notwithstanding section 8.33, moneys received in accordance 13 with this subsection that remain unencumbered or unobligated at 14 the close of the fiscal year shall not revert to any fund but 15 shall remain available for the purposes designated until the 16 close of the succeeding fiscal year. 17 9. Of the funds appropriated in this section, at least 18 $3,141,842 shall be used for protective child care assistance. 19 10. a. Of the funds appropriated in this section, up to 20 $1,753,115 is allocated for the payment of the expenses of 21 court-ordered services provided to juveniles who are under the 22 supervision of juvenile court services, which expenses are a 23 charge upon the state pursuant to section 232.141, subsection 24 4. Of the amount allocated in this lettered paragraph, up to 25 $1,322,844 shall be made available to provide school-based 26 supervision of children adjudicated under chapter 232, of which 27 not more than $12,750 may be used for the purpose of training. 28 A portion of the cost of each school-based liaison officer 29 shall be paid by the school district or other funding source as 30 approved by the chief juvenile court officer. 31 b. Of the funds appropriated in this section, up to $636,637 32 is allocated for the payment of the expenses of court-ordered 33 services provided to children who are under the supervision 34 of the department, which expenses are a charge upon the state 35 -286- LSB 2811HV (1) 84 tm/jp 286/ 518
H.F. 697 pursuant to section 232.141, subsection 4. 1 c. Notwithstanding section 232.141 or any other provision 2 of law to the contrary, the amounts allocated in this 3 subsection shall be distributed to the judicial districts 4 as determined by the state court administrator and to the 5 department’s service areas as determined by the administrator 6 of the department’s division of child and family services. The 7 state court administrator and the division administrator shall 8 make the determination of the distribution amounts on or before 9 June 15, 2012. 10 d. Notwithstanding chapter 232 or any other provision of 11 law to the contrary, a district or juvenile court shall not 12 order any service which is a charge upon the state pursuant 13 to section 232.141 if there are insufficient court-ordered 14 services funds available in the district court or departmental 15 service area distribution amounts to pay for the service. The 16 chief juvenile court officer and the departmental service area 17 manager shall encourage use of the funds allocated in this 18 subsection such that there are sufficient funds to pay for 19 all court-related services during the entire year. The chief 20 juvenile court officers and departmental service area managers 21 shall attempt to anticipate potential surpluses and shortfalls 22 in the distribution amounts and shall cooperatively request the 23 state court administrator or division administrator to transfer 24 funds between the judicial districts’ or departmental service 25 areas’ distribution amounts as prudent. 26 e. Notwithstanding any provision of law to the contrary, 27 a district or juvenile court shall not order a county to pay 28 for any service provided to a juvenile pursuant to an order 29 entered under chapter 232 which is a charge upon the state 30 under section 232.141, subsection 4. 31 f. Of the funds allocated in this subsection, not more than 32 $70,550 may be used by the judicial branch for administration 33 of the requirements under this subsection. 34 g. Of the funds allocated in this subsection, $14,450 35 -287- LSB 2811HV (1) 84 tm/jp 287/ 518
H.F. 697 shall be used by the department of human services to support 1 the interstate commission for juveniles in accordance with 2 the interstate compact for juveniles as provided in section 3 232.173. 4 11. Of the funds appropriated in this section, $4,609,212 is 5 allocated for juvenile delinquent graduated sanctions services. 6 Any state funds saved as a result of efforts by juvenile court 7 services to earn federal Tit. IV-E match for juvenile court 8 services administration may be used for the juvenile delinquent 9 graduated sanctions services. 10 12. Of the funds appropriated in this section, $840,042 11 shall be transferred to the department of public health to 12 be used for the child protection center grant program in 13 accordance with section 135.118. 14 13. If the department receives federal approval to 15 implement a waiver under Tit. IV-E of the federal Social 16 Security Act to enable providers to serve children who remain 17 in the children’s families and communities, for purposes of 18 eligibility under the medical assistance program, children who 19 participate in the waiver shall be considered to be placed in 20 foster care. 21 14. Of the funds appropriated in this section, $2,609,357 is 22 allocated for the preparation for adult living program pursuant 23 to section 234.46. 24 15. Of the funds appropriated in this section, $442,128 25 shall be used for juvenile drug courts. The amount allocated 26 in this subsection shall be distributed as follows: 27 To the judicial branch for salaries to assist with the 28 operation of juvenile drug court programs operated in the 29 following jurisdictions: 30 a. Marshall county: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 53,302 32 b. Woodbury county: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 106,830 34 c. Polk county: 35 -288- LSB 2811HV (1) 84 tm/jp 288/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,508 1 d. The third judicial district: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,744 3 e. The eighth judicial district: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,744 5 16. Of the funds appropriated in this section, $193,236 6 shall be used for the public purpose of providing a grant to 7 a nonprofit human services organization providing services to 8 individuals and families in multiple locations in southwest 9 Iowa and Nebraska for support of a project providing immediate, 10 sensitive support and forensic interviews, medical exams, needs 11 assessments, and referrals for victims of child abuse and their 12 nonoffending family members. 13 17. Of the funds appropriated in this section, $106,752 14 is allocated for the elevate approach of providing a support 15 network to children placed in foster care. 16 18. Of the funds appropriated in this section, $171,700 is 17 allocated for use pursuant to section 235A.1 for continuation 18 of the initiative to address child sexual abuse implemented 19 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 20 21. 21 19. Of the funds appropriated in this section, $535,704 is 22 allocated for the community partnership for child protection 23 sites. 24 20. Of the funds appropriated in this section, $315,563 25 is allocated for the department’s minority youth and family 26 projects under the redesign of the child welfare system. 27 21. Of the funds appropriated in this section, $1,020,421 28 is allocated for funding of the state match for the federal 29 substance abuse and mental health services administration 30 (SAMHSA) system of care grant. 31 22. Of the funds appropriated in this section, at least 32 $125,084 shall be used for the child welfare training academy. 33 23. Of the funds appropriated in this section, $21,250 34 shall be used for the public purpose of providing a grant to 35 -289- LSB 2811HV (1) 84 tm/jp 289/ 518
H.F. 697 a child welfare services provider headquartered in a county 1 with a population between 205,000 and 215,000 in the latest 2 certified federal census that provides multiple services 3 including but not limited to a psychiatric medical institution 4 for children, shelter, residential treatment, after school 5 programs, school-based programming, and an Asperger’s syndrome 6 program, to be used for support services for children with 7 autism spectrum disorder and their families. 8 24. Of the funds appropriated in this section, $213,183 9 shall be used for the public purpose of continuing the central 10 Iowa system of care program grant through June 30, 2013. 11 25. Of the funds appropriated in this section, $136,000 12 shall be used for the public purpose of continuing the system 13 of care grant in Mason City and Cedar Rapids through June 30, 14 2013. 15 Sec. 334. ADOPTION SUBSIDY. 16 1. There is appropriated from the general fund of the 17 state to the department of human services for the fiscal year 18 beginning July 1, 2012, and ending June 30, 2013, the following 19 amount, or so much thereof as is necessary, to be used for the 20 purpose designated: 21 For adoption subsidy payments and services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,662,952 23 2. The department may transfer funds appropriated in 24 this section to the appropriation made in this division of 25 this Act for general administration for costs paid from the 26 appropriation relating to adoption subsidy. 27 3. Federal funds received by the state during the 28 fiscal year beginning July 1, 2012, as the result of the 29 expenditure of state funds during a previous state fiscal 30 year for a service or activity funded under this section are 31 appropriated to the department to be used as additional funding 32 for the services and activities funded under this section. 33 Notwithstanding section 8.33, moneys received in accordance 34 with this subsection that remain unencumbered or unobligated 35 -290- LSB 2811HV (1) 84 tm/jp 290/ 518
H.F. 697 at the close of the fiscal year shall not revert to any fund 1 but shall remain available for expenditure for the purposes 2 designated until the close of the succeeding fiscal year. 3 Sec. 335. JUVENILE DETENTION HOME FUND. Moneys deposited 4 in the juvenile detention home fund created in section 232.142 5 during the fiscal year beginning July 1, 2012, and ending June 6 30, 2013, are appropriated to the department of human services 7 for the fiscal year beginning July 1, 2012, and ending June 30, 8 2013, for distribution of an amount equal to a percentage of 9 the costs of the establishment, improvement, operation, and 10 maintenance of county or multicounty juvenile detention homes 11 in the fiscal year beginning July 1, 2011. Moneys appropriated 12 for distribution in accordance with this section shall be 13 allocated among eligible detention homes, prorated on the basis 14 of an eligible detention home’s proportion of the costs of all 15 eligible detention homes in the fiscal year beginning July 16 1, 2011. The percentage figure shall be determined by the 17 department based on the amount available for distribution for 18 the fund. Notwithstanding section 232.142, subsection 3, the 19 financial aid payable by the state under that provision for the 20 fiscal year beginning July 1, 2012, shall be limited to the 21 amount appropriated for the purposes of this section. 22 Sec. 336. FAMILY SUPPORT SUBSIDY PROGRAM. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 For the family support subsidy program subject to the 29 enrollment restrictions in section 225C.37, subsection 3: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 992,798 31 2. The department shall use at least $327,675 of the moneys 32 appropriated in this section for the family support center 33 component of the comprehensive family support program under 34 section 225C.47. Not more than $21,250 of the amount allocated 35 -291- LSB 2811HV (1) 84 tm/jp 291/ 518
H.F. 697 in this subsection shall be used for administrative costs. 1 3. If at any time during the fiscal year, the amount of 2 funding available for the family support subsidy program 3 is reduced from the amount initially used to establish the 4 figure for the number of family members for whom a subsidy 5 is to be provided at any one time during the fiscal year, 6 notwithstanding section 225C.38, subsection 2, the department 7 shall revise the figure as necessary to conform to the amount 8 of funding available. 9 Sec. 337. CONNER DECREE. There is appropriated from the 10 general fund of the state to the department of human services 11 for the fiscal year beginning July 1, 2012, and ending June 30, 12 2013, the following amount, or so much thereof as is necessary, 13 to be used for the purpose designated: 14 For building community capacity through the coordination 15 and provision of training opportunities in accordance with the 16 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 17 Iowa, July 14, 1994): 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,579 19 Sec. 338. MENTAL HEALTH INSTITUTES. There is appropriated 20 from the general fund of the state to the department of human 21 services for the fiscal year beginning July 1, 2012, and ending 22 June 30, 2013, the following amounts, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 1. For the state mental health institute at Cherokee for 25 salaries, support, maintenance, and miscellaneous purposes, and 26 for not more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,995,712 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 29 2. For the state mental health institute at Clarinda for 30 salaries, support, maintenance, and miscellaneous purposes, and 31 for not more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,449,974 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 34 3. For the state mental health institute at Independence for 35 -292- LSB 2811HV (1) 84 tm/jp 292/ 518
H.F. 697 salaries, support, maintenance, and miscellaneous purposes, and 1 for not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,734,332 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 4 4. For the state mental health institute at Mount Pleasant 5 for salaries, support, maintenance, and miscellaneous purposes, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 802,675 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 91.72 10 Sec. 339. STATE RESOURCE CENTERS. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2012, and ending June 30, 2013, the following 14 amounts, or so much thereof as is necessary, to be used for the 15 purposes designated: 16 a. For the state resource center at Glenwood for salaries, 17 support, maintenance, and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,816,631 19 b. For the state resource center at Woodward for salaries, 20 support, maintenance, and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,952,809 22 2. The department may continue to bill for state resource 23 center services utilizing a scope of services approach used for 24 private providers of ICFMR services, in a manner which does not 25 shift costs between the medical assistance program, counties, 26 or other sources of funding for the state resource centers. 27 3. The state resource centers may expand the time-limited 28 assessment and respite services during the fiscal year. 29 4. If the department’s administration and the department 30 of management concur with a finding by a state resource 31 center’s superintendent that projected revenues can reasonably 32 be expected to pay the salary and support costs for a new 33 employee position, or that such costs for adding a particular 34 number of new positions for the fiscal year would be less 35 -293- LSB 2811HV (1) 84 tm/jp 293/ 518
H.F. 697 than the overtime costs if new positions would not be added, 1 the superintendent may add the new position or positions. If 2 the vacant positions available to a resource center do not 3 include the position classification desired to be filled, the 4 state resource center’s superintendent may reclassify any 5 vacant position as necessary to fill the desired position. The 6 superintendents of the state resource centers may, by mutual 7 agreement, pool vacant positions and position classifications 8 during the course of the fiscal year in order to assist one 9 another in filling necessary positions. 10 5. If existing capacity limitations are reached in 11 operating units, a waiting list is in effect for a service or 12 a special need for which a payment source or other funding 13 is available for the service or to address the special need, 14 and facilities for the service or to address the special need 15 can be provided within the available payment source or other 16 funding, the superintendent of a state resource center may 17 authorize opening not more than two units or other facilities 18 and begin implementing the service or addressing the special 19 need during fiscal year 2012-2013. 20 Sec. 340. MI/MR/DD STATE CASES. 21 1. There is appropriated from the general fund of the 22 state to the department of human services for the fiscal year 23 beginning July 1, 2012, and ending June 30, 2013, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For distribution to counties for state case services 27 for persons with mental illness, mental retardation, and 28 developmental disabilities in accordance with section 331.440: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,344,060 30 2. For the fiscal year beginning July 1, 2012, and ending 31 June 30, 2013, $170,000 is allocated for state case services 32 from the amounts appropriated from the fund created in section 33 8.41 to the department of human services from the funds 34 received from the federal government under 42 U.S.C. ch. 6A, 35 -294- LSB 2811HV (1) 84 tm/jp 294/ 518
H.F. 697 subch. XVII, relating to the community mental health center 1 block grant, for the federal fiscal years beginning October 2 1, 2010, and ending September 30, 2011, beginning October 1, 3 2011, and ending September 30, 2012, and beginning October 1, 4 2012, and ending September 30, 2013. The allocation made in 5 this subsection shall be made prior to any other distribution 6 allocation of the appropriated federal funds. 7 3. Notwithstanding section 8.33, moneys appropriated in 8 this section that remain unencumbered or unobligated at the 9 close of the fiscal year shall not revert but shall remain 10 available for expenditure for the purposes designated until the 11 close of the succeeding fiscal year. 12 Sec. 341. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 13 —— COMMUNITY SERVICES FUND. There is appropriated from 14 the general fund of the state to the mental health and 15 developmental disabilities community services fund created in 16 section 225C.7 for the fiscal year beginning July 1, 2012, and 17 ending June 30, 2013, the following amount, or so much thereof 18 as is necessary, to be used for the purpose designated: 19 For mental health and developmental disabilities community 20 services in accordance with this division of this Act: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,211,100 22 1. Of the funds appropriated in this section, $14,187,556 23 shall be allocated to counties for funding of community-based 24 mental health and developmental disabilities services. The 25 moneys shall be allocated to a county as follows: 26 a. Fifty percent based upon the county’s proportion of the 27 state’s population of persons with an annual income which is 28 equal to or less than the poverty guideline established by the 29 federal office of management and budget. 30 b. Fifty percent based upon the county’s proportion of the 31 state’s general population. 32 2. a. A county shall utilize the funding the county 33 receives pursuant to subsection 1 for services provided to 34 persons with a disability, as defined in section 225C.2. 35 -295- LSB 2811HV (1) 84 tm/jp 295/ 518
H.F. 697 However, no more than 50 percent of the funding shall be used 1 for services provided to any one of the service populations. 2 b. A county shall use at least 50 percent of the funding the 3 county receives under subsection 1 for contemporary services 4 provided to persons with a disability, as described in rules 5 adopted by the department. 6 3. Of the funds appropriated in this section, $20,012 7 shall be used to support the Iowa compass program providing 8 computerized information and referral services for Iowans with 9 disabilities and their families. 10 4. a. Funding appropriated for purposes of the federal 11 social services block grant is allocated for distribution 12 to counties for local purchase of services for persons with 13 mental illness or mental retardation or other developmental 14 disability. 15 b. The funds allocated in this subsection shall be expended 16 by counties in accordance with the county’s county management 17 plan approved by the board of supervisors. A county without 18 an approved county management plan shall not receive allocated 19 funds until the county’s management plan is approved. 20 c. The funds provided by this subsection shall be allocated 21 to each county as follows: 22 (1) Fifty percent based upon the county’s proportion of the 23 state’s population of persons with an annual income which is 24 equal to or less than the poverty guideline established by the 25 federal office of management and budget. 26 (2) Fifty percent based upon the amount provided to the 27 county for local purchase of services in the preceding fiscal 28 year. 29 5. A county is eligible for funds under this section if the 30 county qualifies for a state payment as described in section 31 331.439. 32 6. The most recent population estimates issued by the United 33 States bureau of the census shall be applied for the population 34 factors utilized in this section. 35 -296- LSB 2811HV (1) 84 tm/jp 296/ 518
H.F. 697 Sec. 342. SEXUALLY VIOLENT PREDATORS. 1 1. There is appropriated from the general fund of the 2 state to the department of human services for the fiscal year 3 beginning July 1, 2012, and ending June 30, 2013, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purpose designated: 6 For costs associated with the commitment and treatment of 7 sexually violent predators in the unit located at the state 8 mental health institute at Cherokee, including costs of legal 9 services and other associated costs, including salaries, 10 support, maintenance, and miscellaneous purposes, and for not 11 more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,418,118 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 14 2. Unless specifically prohibited by law, if the amount 15 charged provides for recoupment of at least the entire amount 16 of direct and indirect costs, the department of human services 17 may contract with other states to provide care and treatment 18 of persons placed by the other states at the unit for sexually 19 violent predators at Cherokee. The moneys received under 20 such a contract shall be considered to be repayment receipts 21 and used for the purposes of the appropriation made in this 22 section. 23 Sec. 343. FIELD OPERATIONS. There is appropriated from the 24 general fund of the state to the department of human services 25 for the fiscal year beginning July 1, 2012, and ending June 30, 26 2013, the following amount, or so much thereof as is necessary, 27 to be used for the purposes designated: 28 For field operations, including salaries, support, 29 maintenance, and miscellaneous purposes, and for not more than 30 the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,038,933 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 33 Priority in filling full-time equivalent positions shall be 34 given to those positions related to child protection services 35 -297- LSB 2811HV (1) 84 tm/jp 297/ 518
H.F. 697 and eligibility determination for low-income families. 1 Sec. 344. GENERAL ADMINISTRATION. There is appropriated 2 from the general fund of the state to the department of human 3 services for the fiscal year beginning July 1, 2012, and ending 4 June 30, 2013, the following amount, or so much thereof as is 5 necessary, to be used for the purpose designated: 6 For general administration, including salaries, support, 7 maintenance, and miscellaneous purposes, and for not more than 8 the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,874,733 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 290.00 11 1. Of the funds appropriated in this section, $32,762 12 allocated for the prevention of disabilities policy council 13 established in section 225B.3. 14 2. The department shall report at least monthly to the 15 legislative services agency concerning the department’s 16 operational and program expenditures. 17 3. Of the funds appropriated in this section, $112,455 shall 18 be used to continue to contract with a statewide association 19 representing community providers of mental health, mental 20 retardation and brain injury services programs to provide 21 technical assistance, support, and consultation to providers 22 of habilitation services and home and community-based waiver 23 services for adults with disabilities under the medical 24 assistance program. Notwithstanding section 8.47 or any other 25 provision of law to the contrary, the department may utilize a 26 sole source approach to contract with the association. 27 4. Of the funds appropriated in this section, $149,940 shall 28 be used to continue to contract with an appropriate entity to 29 expand the provision of nationally accredited and recognized 30 internet-based training to include mental health and disability 31 services providers. Notwithstanding section 8.47 or any other 32 provision of law to the contrary, the department may utilize a 33 sole site source approach to enter into such contract. 34 5. Of the funds appropriated in this section, $425,000 shall 35 -298- LSB 2811HV (1) 84 tm/jp 298/ 518
H.F. 697 be used for continued implementation of child protection system 1 improvements addressed in 2011 Iowa Acts, House File 562, as 2 enacted. 3 Sec. 345. VOLUNTEERS. There is appropriated from the 4 general fund of the state to the department of human services 5 for the fiscal year beginning July 1, 2012, and ending June 30, 6 2013, the following amount, or so much thereof as is necessary, 7 to be used for the purpose designated: 8 For development and coordination of volunteer services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,961 10 Sec. 346. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 11 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 12 DEPARTMENT OF HUMAN SERVICES. 13 1. a. (1) For the fiscal year beginning July 1, 2012, 14 the total state funding amount for the nursing facility budget 15 shall not exceed $225,502,551. 16 (2) The department, in cooperation with nursing facility 17 representatives, shall review projections for state funding 18 expenditures for reimbursement of nursing facilities on a 19 quarterly basis and the department shall determine if an 20 adjustment to the medical assistance reimbursement rate is 21 necessary in order to provide reimbursement within the state 22 funding amount for the fiscal year. Notwithstanding 2001 23 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 24 “c”, and subsection 3, paragraph “a”, subparagraph (2), 25 if the state funding expenditures for the nursing facility 26 budget for the fiscal year is projected to exceed the amount 27 specified in subparagraph (1), the department shall adjust 28 the reimbursement for nursing facilities reimbursed under the 29 case-mix reimbursement system to maintain expenditures of the 30 nursing facility budget within the specified amount for the 31 fiscal year. 32 (3) For the fiscal year beginning July 1, 2012, special 33 population nursing facilities shall be reimbursed in accordance 34 with the methodology in effect on June 30, 2012. 35 -299- LSB 2811HV (1) 84 tm/jp 299/ 518
H.F. 697 b. For the fiscal year beginning July 1, 2012, the 1 department shall reimburse pharmacy dispensing fees using a 2 single rate of $4.34 per prescription or the pharmacy’s usual 3 and customary fee, whichever is lower. However, the department 4 shall adjust the dispensing fee specified in this paragraph 5 to distribute an additional $3,000,000 in reimbursements for 6 pharmacy dispensing fees under this paragraph for the fiscal 7 year. 8 c. (1) For the fiscal year beginning July 1, 2012, 9 reimbursement rates for outpatient hospital services shall 10 remain at the rates in effect on June 30, 2012. 11 (2) For the fiscal year beginning July 1, 2012, 12 reimbursement rates for inpatient hospital services shall 13 remain at the rates in effect on June 30, 2012. 14 (3) For the fiscal year beginning July 1, 2012, the graduate 15 medical education and disproportionate share hospital fund 16 shall remain at the amount in effect on June 30, 2012, except 17 that the portion of the fund attributable to graduate medical 18 education shall be reduced in an amount that reflects the 19 elimination of graduate medical education payments made to 20 out-of-state hospitals. 21 (4) In order to ensure the efficient use of limited 22 state funds in procuring health care services for low-income 23 Iowans, funds appropriated in this division of this Act for 24 hospital services shall not be used for activities which 25 would be excluded from a determination of reasonable costs 26 under the federal Medicare program pursuant to 42 U.S.C. 27 § 1395X(v)(1)(N). 28 d. For the fiscal year beginning July 1, 2012, reimbursement 29 rates for rural health clinics, hospices, and acute mental 30 hospitals shall be increased in accordance with increases under 31 the federal Medicare program or as supported by their Medicare 32 audited costs. 33 e. For the fiscal year beginning July 1, 2012, independent 34 laboratories and rehabilitation agencies shall be reimbursed 35 -300- LSB 2811HV (1) 84 tm/jp 300/ 518
H.F. 697 using the same methodology in effect on June 30, 2012. 1 f. For the fiscal year beginning July 1, 2012, reimbursement 2 rates for home health agencies shall remain at the rates in 3 effect on June 30, 2012, not to exceed a home health agency’s 4 actual allowable cost. 5 g. For the fiscal year beginning July 1, 2012, federally 6 qualified health centers shall receive cost-based reimbursement 7 for 100 percent of the reasonable costs for the provision of 8 services to recipients of medical assistance. 9 h. For the fiscal year beginning July 1, 2012, the 10 reimbursement rates for dental services shall remain at the 11 rates in effect on June 30, 2012. 12 i. (1) For the fiscal year beginning July 1, 2012, 13 state-owned psychiatric medical institutions for children shall 14 receive cost-based reimbursement for 100 percent of the actual 15 and allowable costs for the provision of services to recipients 16 of medical assistance. 17 (2) For the nonstate-owned psychiatric medical institutions 18 for children, reimbursement rates shall be based on the 19 reimbursement methodology developed by the department in 20 consultation with representatives of the nonstate-owned 21 psychiatric medical institutions for children to include all 22 ancillary medical services costs and any other changes required 23 for federal compliance. 24 j. For the fiscal year beginning July 1, 2012, unless 25 otherwise specified in the health and human services divisions 26 of this Act, all noninstitutional medical assistance provider 27 reimbursement rates shall remain at the rates in effect on June 28 30, 2012, except for area education agencies, local education 29 agencies, infant and toddler services providers, and those 30 providers whose rates are required to be determined pursuant 31 to section 249A.20. 32 k. Notwithstanding any provision to the contrary, for the 33 fiscal year beginning July 1, 2012, the reimbursement rate for 34 anesthesiologists shall remain at the rate in effect on June 35 -301- LSB 2811HV (1) 84 tm/jp 301/ 518
H.F. 697 30, 2012. 1 l. Notwithstanding section 249A.20, for the fiscal year 2 beginning July 1, 2012, the average reimbursement rate for 3 health care providers eligible for use of the federal Medicare 4 resource-based relative value scale reimbursement methodology 5 under that section shall remain at the rate in effect on June 6 30, 2012; however, this rate shall not exceed the maximum level 7 authorized by the federal government. 8 m. For the fiscal year beginning July 1, 2012, the 9 reimbursement rate for residential care facilities shall not 10 be less than the minimum payment level as established by the 11 federal government to meet the federally mandated maintenance 12 of effort requirement. The flat reimbursement rate for 13 facilities electing not to file annual cost reports shall not 14 be less than the minimum payment level as established by the 15 federal government to meet the federally mandated maintenance 16 of effort requirement. 17 n. For the fiscal year beginning July 1, 2012, inpatient 18 mental health services provided at hospitals shall remain at 19 the rates in effect on June 30, 2012, subject to Medicaid 20 program upper payment limit rules; community mental health 21 centers and providers of mental health services to county 22 residents pursuant to a waiver approved under section 225C.7, 23 subsection 3, shall be reimbursed at 100 percent of the 24 reasonable costs for the provision of services to recipients of 25 medical assistance; and psychiatrists shall be reimbursed at 26 the medical assistance program fee for service rate. 27 o. For the fiscal year beginning July 1, 2012, the 28 reimbursement rate for consumer-directed attendant care shall 29 remain at the rates in effect on June 30, 2012. 30 p. For the fiscal year beginning July 1, 2012, the 31 reimbursement rate for providers of family planning services 32 that are eligible to receive a 90 percent federal match shall 33 remain at the rates in effect on June 30, 2012. 34 q. For the fiscal year beginning July 1, 2012, the 35 -302- LSB 2811HV (1) 84 tm/jp 302/ 518
H.F. 697 department shall adjust the rates in effect on June 30, 1 2012, for providers of home and community-based services 2 waiver services to distribute an additional $1,500,000 in 3 reimbursements to such providers for the fiscal year. 4 2. For the fiscal year beginning July 1, 2012, the 5 reimbursement rate for providers reimbursed under the 6 in-home-related care program shall not be less than the minimum 7 payment level as established by the federal government to meet 8 the federally mandated maintenance of effort requirement. 9 3. Unless otherwise directed in this section, when the 10 department’s reimbursement methodology for any provider 11 reimbursed in accordance with this section includes an 12 inflation factor, this factor shall not exceed the amount 13 by which the consumer price index for all urban consumers 14 increased during the calendar year ending December 31, 2002. 15 4. For the fiscal year beginning July 1, 2012, 16 notwithstanding section 234.38, the foster family basic daily 17 maintenance rate and the maximum adoption subsidy rate for 18 children ages 0 through 5 years shall be $15.74, the rate for 19 children ages 6 through 11 years shall be $16.37, the rate for 20 children ages 12 through 15 years shall be $17.92, and the 21 rate for children and young adults ages 16 and older shall be 22 $18.16. The maximum supervised apartment living foster care 23 reimbursement rate shall be $25.00 per day. For youth ages 24 18 to 21 who have exited foster care, the maximum preparation 25 for adult living program maintenance rate shall be $574.00 per 26 month. The maximum payment for adoption subsidy nonrecurring 27 expenses shall be limited to $500 and the disallowance of 28 additional amounts for court costs and other related legal 29 expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, 30 section 408 shall be continued. 31 5. For the fiscal year beginning July 1, 2012, the maximum 32 reimbursement rates under the supervised apartment living 33 program and for social services providers under contract 34 shall remain at the rates in effect on June 30, 2012, or the 35 -303- LSB 2811HV (1) 84 tm/jp 303/ 518
H.F. 697 provider’s actual and allowable cost plus inflation for each 1 service, whichever is less. However, if a new service or 2 service provider is added after June 30, 2012, the initial 3 reimbursement rate for the service or provider shall be 4 based upon actual and allowable costs. Providers may also 5 be eligible for an additional amount as specified under the 6 department’s request for proposal, bid number ACFS-11-115. 7 6. For the fiscal year beginning July 1, 2012, the 8 reimbursement rates for family-centered service providers, 9 family foster care service providers, group foster care service 10 providers, and the resource family recruitment and retention 11 contractor shall remain at the rates in effect on June 30, 12 2012. 13 7. The group foster care reimbursement rates paid for 14 placement of children out of state shall be calculated 15 according to the same rate-setting principles as those used for 16 in-state providers, unless the director of human services or 17 the director’s designee determines that appropriate care cannot 18 be provided within the state. The payment of the daily rate 19 shall be based on the number of days in the calendar month in 20 which service is provided. 21 8. a. For the fiscal year beginning July 1, 2012, the 22 reimbursement rate paid for shelter care and the child welfare 23 emergency services implemented to provide or prevent the need 24 for shelter care shall be established in a contract based on 25 the requirements of the department’s request for proposal, bid 26 number ACFS-11-114. 27 b. For the fiscal year beginning July 1, 2012, the combined 28 service and maintenance components of the reimbursement rate 29 paid for shelter care services shall be based on the financial 30 and statistical report submitted to the department. The 31 maximum reimbursement rate shall be $92.36 per day. The 32 department shall reimburse a shelter care provider at the 33 provider’s actual and allowable unit cost, plus inflation, not 34 to exceed the maximum reimbursement rate. 35 -304- LSB 2811HV (1) 84 tm/jp 304/ 518
H.F. 697 c. Notwithstanding section 232.141, subsection 8, for the 1 fiscal year beginning July 1, 2012, the amount of the statewide 2 average of the actual and allowable rates for reimbursement of 3 juvenile shelter care homes that is utilized for the limitation 4 on recovery of unpaid costs shall remain at the amount in 5 effect for this purpose in the fiscal year beginning July 1, 6 2011. 7 9. For the fiscal year beginning July 1, 2012, the 8 department shall calculate reimbursement rates for intermediate 9 care facilities for persons with mental retardation at the 10 80th percentile. Beginning July 1, 2012, the rate calculation 11 methodology shall utilize the consumer price index inflation 12 factor applicable to the fiscal year beginning July 1, 2012. 13 10. For the fiscal year beginning July 1, 2012, for child 14 care providers reimbursed under the state child care assistance 15 program, the department shall set provider reimbursement 16 rates based on the rate reimbursement survey completed in 17 December 2004. Effective July 1, 2012, the child care provider 18 reimbursement rates shall remain at the rates in effect on June 19 30, 2012. The department shall set rates in a manner so as 20 to provide incentives for a nonregistered provider to become 21 registered by applying the increase only to registered and 22 licensed providers. 23 11. The department may adopt emergency rules to implement 24 this section. 25 Sec. 347. EMERGENCY RULES. 26 1. If specifically authorized by a provision of this 27 division of this Act, the department of human services or 28 the mental health, and disability services commission may 29 adopt administrative rules under section 17A.4, subsection 30 3, and section 17A.5, subsection 2, paragraph “b”, to 31 implement the provisions and the rules shall become effective 32 immediately upon filing or on a later effective date specified 33 in the rules, unless the effective date is delayed by the 34 administrative rules review committee. Any rules adopted in 35 -305- LSB 2811HV (1) 84 tm/jp 305/ 518
H.F. 697 accordance with this section shall not take effect before 1 the rules are reviewed by the administrative rules review 2 committee. The delay authority provided to the administrative 3 rules review committee under section 17A.4, subsection 7, and 4 section 17A.8, subsection 9, shall be applicable to a delay 5 imposed under this section, notwithstanding a provision in 6 those sections making them inapplicable to section 17A.5, 7 subsection 2, paragraph “b”. Any rules adopted in accordance 8 with the provisions of this section shall also be published as 9 notice of intended action as provided in section 17A.4. 10 2. If during the fiscal year beginning July 1, 2012, the 11 department of human services is adopting rules in accordance 12 with this section or as otherwise directed or authorized by 13 state law, and the rules will result in an expenditure increase 14 beyond the amount anticipated in the budget process or if the 15 expenditure was not addressed in the budget process for the 16 fiscal year, the department shall notify the persons designated 17 by this division of this Act for submission of reports, 18 the chairpersons and ranking members of the committees on 19 appropriations, and the department of management concerning the 20 rules and the expenditure increase. The notification shall be 21 provided at least 30 calendar days prior to the date notice of 22 the rules is submitted to the administrative rules coordinator 23 and the administrative code editor. 24 Sec. 348. FEDERAL GRANTS REPORTING. During the fiscal year 25 beginning July 1, 2012, the departments and agencies receiving 26 an appropriation in the health and human services divisions of 27 this Act from the general fund of the state shall report to the 28 persons designated by this division of this Act for submission 29 of reports and the department of management within 60 calendar 30 days of applying for or renewing a federal grant with a value 31 over $1,000. The report shall list the federal funding source 32 and address the potential need for the commitment of state 33 funding in order to match or continue the funding provided by 34 the federal grant in the present or the future. 35 -306- LSB 2811HV (1) 84 tm/jp 306/ 518
H.F. 697 Sec. 349. REPORTS. Any reports or information required to 1 be compiled and submitted under the health and human services 2 divisions of this Act shall be submitted to the chairpersons 3 and ranking members of the joint appropriations subcommittee on 4 health and human services, the legislative services agency, and 5 the legislative caucus staffs on or before the dates specified 6 for submission of the reports or information. 7 Sec. 350. EFFECTIVE DATE. The following provision of this 8 division of this Act, being deemed of immediate importance, 9 take effect upon enactment: 10 The provision under the appropriation for child and family 11 services, relating to requirements of section 232.143 for 12 representatives of the department of human services and 13 juvenile court services to establish a plan for continuing 14 group foster care expenditures for fiscal year 2012-2013. 15 DIVISION XXXVIII 16 HEALTH AND HUMAN SERVICES 17 PHARMACEUTICAL SETTLEMENT ACCOUNT, 18 IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 19 REIMBURSEMENT FUND, HEALTH CARE 20 TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, 21 QUALITY ASSURANCE TRUST FUND, 22 AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013 23 Sec. 351. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 24 appropriated from the pharmaceutical settlement account created 25 in section 249A.33 to the department of human services for the 26 fiscal year beginning July 1, 2012, and ending June 30, 2013, 27 the following amount, or so much thereof as is necessary, to be 28 used for the purpose designated: 29 Notwithstanding any provision of law to the contrary, to 30 supplement the appropriations made in the department of human 31 services division in this Act for medical contracts under the 32 medical assistance program for the same fiscal year: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,618,571 34 Sec. 352. APPROPRIATIONS FROM IOWACARE ACCOUNT. 35 -307- LSB 2811HV (1) 84 tm/jp 307/ 518
H.F. 697 1. There is appropriated from the IowaCare account 1 created in section 249J.24 to the state board of regents for 2 distribution to the university of Iowa hospitals and clinics 3 for the fiscal year beginning July 1, 2012, and ending June 30, 4 2013, the following amount, or so much thereof as is necessary, 5 to be used for the purposes designated: 6 For salaries, support, maintenance, equipment, and 7 miscellaneous purposes, for the provision of medical and 8 surgical treatment of indigent patients, for provision of 9 services to members of the expansion population pursuant to 10 chapter 249J, and for medical education: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,284,584 12 a. Funds appropriated in this subsection shall not be used 13 to perform abortions except medically necessary abortions, 14 and shall not be used to operate the early termination of 15 pregnancy clinic except for the performance of medically 16 necessary abortions. For the purpose of this subsection, 17 medically necessary abortions are those performed under any of 18 the following conditions: 19 (1) The attending physician certifies that continuing the 20 pregnancy would endanger the life of the pregnant woman. 21 (2) Any spontaneous abortion, commonly known as a 22 miscarriage, if not all of the products of conception are 23 expelled. 24 b. Notwithstanding any provision of law to the contrary, 25 the amount appropriated in this subsection shall be distributed 26 based on claims submitted, adjudicated, and paid by the Iowa 27 Medicaid enterprise. 28 c. The university of Iowa hospitals and clinics shall 29 certify public expenditures in an amount equal to provide 30 the nonfederal share on total expenditures not to exceed 31 $20,000,000. 32 2. There is appropriated from the IowaCare account 33 created in section 249J.24 to the state board of regents for 34 distribution to the university of Iowa hospitals and clinics 35 -308- LSB 2811HV (1) 84 tm/jp 308/ 518
H.F. 697 for the fiscal year beginning July 1, 2012, and ending June 30, 1 2013, the following amount, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 For salaries, support, maintenance, equipment, and 4 miscellaneous purposes, for the provision of medical and 5 surgical treatment of indigent patients, for provision of 6 services to members of the expansion population pursuant to 7 chapter 249J, and for medical education: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 9 Notwithstanding any provision of law to the contrary, the 10 amount appropriated in this subsection shall be distributed 11 based on claims submitted, adjudicated, and paid by the Iowa 12 Medicaid enterprise. 13 3. There is appropriated from the IowaCare account 14 created in section 249J.24, to the state board of regents for 15 distribution to university of Iowa physicians for the fiscal 16 year beginning July 1, 2012, and ending June 30, 2013, the 17 following amount, or so much thereof as is necessary to be used 18 for the purposes designated: 19 For salaries, support, maintenance, equipment, and 20 miscellaneous purposes for the provision of medical and 21 surgical treatment of indigent patients, for provision of 22 services to members of the expansion population pursuant to 23 chapter 249J, and for medical education: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 25 Notwithstanding any provision of law to the contrary, the 26 amount appropriated in this subsection shall be distributed 27 based on claims submitted, adjudicated, and paid by the Iowa 28 Medicaid enterprise. Once the entire amount appropriated in 29 this subsection has been distributed, claims shall continue to 30 be submitted and adjudicated by the Iowa Medicaid enterprise; 31 however, no payment shall be made based upon such claims. 32 4. There is appropriated from the IowaCare account created 33 in section 249J.24 to the department of human services for the 34 fiscal year beginning July 1, 2012, and ending June 30, 2013, 35 -309- LSB 2811HV (1) 84 tm/jp 309/ 518
H.F. 697 the following amount, or so much thereof as is necessary, to be 1 used for the purposes designated: 2 For distribution to a publicly owned acute care teaching 3 hospital located in a county with a population over 350,000 for 4 the provision of medical and surgical treatment of indigent 5 patients, for provision of services to members of the expansion 6 population pursuant to chapter 249J, and for medical education: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 8 a. Notwithstanding any provision of law to the contrary, 9 the amount appropriated in this subsection shall be distributed 10 based on claims submitted, adjudicated, and paid by the Iowa 11 Medicaid enterprise plus a monthly disproportionate share 12 hospital payment. Any amount appropriated in this subsection 13 in excess of $60,000,000 shall be distributed only if the sum 14 of the expansion population claims adjudicated and paid by the 15 Iowa Medicaid enterprise plus the estimated disproportionate 16 share hospital payments exceeds $60,000,000. The amount paid 17 in excess of $60,000,000 shall not adjust the original monthly 18 payment amount but shall be distributed monthly based on actual 19 claims adjudicated and paid by the Iowa Medicaid enterprise 20 plus the estimated disproportionate share hospital amount. Any 21 amount appropriated in this subsection in excess of $60,000,000 22 shall be allocated only if federal funds are available to match 23 the amount allocated. Pursuant to paragraph “b”, of the amount 24 appropriated in this subsection, not more than $4,000,000 shall 25 be distributed for prescription drugs and podiatry services. 26 b. Notwithstanding any provision of law to the contrary, the 27 hospital identified in this subsection, shall be reimbursed for 28 outpatient prescription drugs and podiatry services provided to 29 members of the expansion population pursuant to all applicable 30 medical assistance program rules, in an amount not to exceed 31 $4,000,000. 32 c. Notwithstanding the total amount of proceeds distributed 33 pursuant to section 249J.24, subsection 6, paragraph “a”, 34 unnumbered paragraph 1, for the fiscal year beginning July 35 -310- LSB 2811HV (1) 84 tm/jp 310/ 518
H.F. 697 1, 2012, and ending June 30, 2013, the county treasurer of a 1 county with a population of over 350,000 in which a publicly 2 owned acute care teaching hospital is located shall distribute 3 the proceeds collected pursuant to section 347.7 in a total 4 amount of $38,000,000, which would otherwise be distributed to 5 the county hospital, to the treasurer of state for deposit in 6 the IowaCare account. 7 d. (1) Notwithstanding the amount collected and 8 distributed for deposit in the IowaCare account pursuant to 9 section 249J.24, subsection 6, paragraph “a”, subparagraph 10 (1), the first $19,000,000 in proceeds collected pursuant to 11 section 347.7 between July 1, 2012, and December 31, 2012, 12 shall be distributed to the treasurer of state for deposit in 13 the IowaCare account and collections during this time period 14 in excess of $19,000,000 shall be distributed to the acute 15 care teaching hospital identified in this subsection. Of the 16 collections in excess of the $19,000,000 received by the acute 17 care teaching hospital under this subparagraph (1), $2,000,000 18 shall be distributed by the acute care teaching hospital to the 19 treasurer of state for deposit in the IowaCare account in the 20 month of January 2013, following the July 1 through December 21 31, 2012, period. 22 (2) Notwithstanding the amount collected and distributed 23 for deposit in the IowaCare account pursuant to section 24 249J.24, subsection 6, paragraph “a”, subparagraph (2), 25 the first $19,000,000 in collections pursuant to section 26 347.7 between January 1, 2013, and June 30, 2013, shall be 27 distributed to the treasurer of state for deposit in the 28 IowaCare account and collections during this time period in 29 excess of $19,000,000 shall be distributed to the acute care 30 teaching hospital identified in this subsection. Of the 31 collections in excess of the $19,000,000 received by the acute 32 care teaching hospital under this subparagraph (2), $2,000,000 33 shall be distributed by the acute care teaching hospital to the 34 treasurer of state for deposit in the IowaCare account in the 35 -311- LSB 2811HV (1) 84 tm/jp 311/ 518
H.F. 697 month of July 2013, following the January 1 through June 30, 1 2013, period. 2 5. There is appropriated from the IowaCare account created 3 in section 249J.24 to the department of human services for the 4 fiscal year beginning July 1, 2012, and ending June 30, 2013, 5 the following amount, or so much thereof as is necessary to be 6 used for the purpose designated: 7 For payment to the regional provider network specified 8 by the department pursuant to section 249J.7 for provision 9 of covered services to members of the expansion population 10 pursuant to chapter 249J: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 12 Notwithstanding any provision of law to the contrary, the 13 amount appropriated in this subsection shall be distributed 14 based on claims submitted, adjudicated, and paid by the Iowa 15 Medicaid enterprise. Once the entire amount appropriated in 16 this subsection has been distributed, claims shall continue to 17 be submitted and adjudicated by the Iowa Medicaid enterprise; 18 however, no payment shall be made based upon such claims. 19 6. There is appropriated from the IowaCare account created 20 in section 249J.24 to the department of human services for the 21 fiscal year beginning July 1, 2012, and ending June 30, 2013, 22 the following amount, or so much thereof as is necessary to be 23 used for the purposes designated: 24 For a care coordination pool to pay the expansion population 25 providers consisting of the university of Iowa hospitals and 26 clinics, the publicly owned acute care teaching hospital as 27 specified in section 249J.7, and current medical assistance 28 program providers that are not expansion population network 29 providers pursuant to section 249J.7, for services covered by 30 the full benefit medical assistance program but not under the 31 IowaCare program pursuant to section 249J.6, that are provided 32 to expansion population members: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 34 a. Notwithstanding sections 249J.6 and 249J.7, the amount 35 -312- LSB 2811HV (1) 84 tm/jp 312/ 518
H.F. 697 appropriated in this subsection is intended to provide 1 payment for medically necessary services provided to expansion 2 population members for continuation of care provided by the 3 university of Iowa hospitals and clinics or the publicly owned 4 acute care teaching hospital as specified in section 249J.7. 5 Payment may only be made for services that are not otherwise 6 covered under section 249J.6, and which are follow-up services 7 to covered services provided by the hospitals specified in this 8 paragraph “a”. 9 b. The funds appropriated in this subsection are intended 10 to provide limited payment for continuity of care services for 11 an expansion population member, and are intended to cover the 12 costs of services to expansion population members, regardless 13 of the member’s county of residence or medical home assignment, 14 if the care is related to specialty or hospital services 15 provided by the hospitals specified in paragraph “a”. 16 c. The funds appropriated in this subsection are 17 not intended to provide for expanded coverage under the 18 IowaCare program, and shall not be used to cover emergency 19 transportation services. 20 d. The department shall adopt administrative rules pursuant 21 to chapter 17A to establish a prior authorization process and 22 to identify covered services for reimbursement under this 23 subsection. 24 7. There is appropriated from the IowaCare account created 25 in section 249J.24 to the department of human services for the 26 fiscal year beginning July 1, 2012, and ending June 30, 2013, 27 the following amount or so much thereof as is necessary to be 28 used for the purposes designated: 29 For a laboratory test and radiology pool for services 30 authorized by a federally qualified health center designated 31 by the department as part of the IowaCare regional provider 32 network that does not have the capability to provide these 33 services on site: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 35 -313- LSB 2811HV (1) 84 tm/jp 313/ 518
H.F. 697 Notwithstanding sections 249J.6 and 249J.7, the amount 1 appropriated in this subsection is intended to provide 2 reimbursement for services provided to expansion population 3 members that have previously been paid for through expenditure 4 by designated regional provider network providers of their 5 own funds, not to expand coverage under the IowaCare program 6 or to expand the expansion population provider network. The 7 department shall designate the laboratory and radiology 8 provider associated with each designated regional provider 9 network provider that may receive reimbursement. The 10 department shall adopt administrative rules pursuant to chapter 11 17A to establish a prior authorization process and to identify 12 covered services for reimbursement under this subsection. 13 All other medical assistance program payment policies and 14 rules for laboratory and radiology services shall apply to 15 services provided under this subsection. If the entire amount 16 appropriated under this subsection is expended, laboratory 17 tests and radiology services ordered by a designated regional 18 provider network provider shall be the financial responsibility 19 of the regional provider network provider. 20 Sec. 353. APPROPRIATIONS FROM NONPARTICIPATING 21 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 22 SERVICES. Notwithstanding any provision to the contrary, and 23 subject to the availability of funds, there is appropriated 24 from the nonparticipating provider reimbursement fund created 25 in section 249J.24A to the department of human services for the 26 fiscal year beginning July 1, 2012, and ending June 30, 2013, 27 the following amount or so much thereof as is necessary for the 28 purposes designated: 29 To reimburse nonparticipating providers in accordance with 30 section 249J.24A: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 32 Sec. 354. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 33 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 34 Notwithstanding any provision to the contrary, there is 35 -314- LSB 2811HV (1) 84 tm/jp 314/ 518
H.F. 697 appropriated from the account for health care transformation 1 created in section 249J.23 to the department of human services 2 for the fiscal year beginning July 1, 2012, and ending June 3 30, 2013, the following amounts, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 1. For the provision of an IowaCare nurse helpline for the 6 expansion population as provided in section 249J.6: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 8 2. For other health promotion partnership activities 9 pursuant to section 249J.14: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 510,000 11 3. For the costs related to audits, performance 12 evaluations, and studies required pursuant to chapter 249J: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 106,250 14 4. For administrative costs associated with chapter 249J: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 962,550 16 5. For planning and development, in cooperation with the 17 department of public health, of a phased-in program to provide 18 a dental home for children in accordance with section 249J.14: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000 20 6. For continuation of the establishment of the tuition 21 assistance for individuals serving individuals with 22 disabilities pilot program, as enacted in 2008 Iowa Acts, 23 chapter 1187, section 130: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,500 25 7. For medical contracts: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,700,000 27 8. For payment to the publicly owned acute care teaching 28 hospital located in a county with a population of over 350,000 29 that is a participating provider pursuant to chapter 249J: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 246,500 31 Disbursements under this subsection shall be made monthly. 32 The hospital shall submit a report following the close of the 33 fiscal year regarding use of the funds appropriated in this 34 subsection to the persons specified in this Act to receive 35 -315- LSB 2811HV (1) 84 tm/jp 315/ 518
H.F. 697 reports. 1 9. For transfer to the department of public health to be 2 used for the costs of medical home system advisory council 3 established pursuant to section 135.159: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 198,353 5 10. For continued implementation of a uniform cost report: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 7 11. For continued implementation of an electronic medical 8 records system: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 10 Notwithstanding section 8.39, subsection 1, without the 11 prior written consent and approval of the governor and the 12 director of the department of management, the director of human 13 services may transfer funds among the appropriations made in 14 this section as necessary to carry out the purposes of the 15 account for health care transformation. The department shall 16 report any transfers made pursuant to this section to the 17 legislative services agency. 18 Sec. 355. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF 19 INSPECTIONS AND APPEALS. There is appropriated from the 20 Medicaid fraud account created in section 249A.7 to the 21 department of inspections and appeals for the fiscal year 22 beginning July 1, 2012, and ending June 30, 2013, the following 23 amount, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 For the inspection and certification of assisted living 26 programs and adult day care services, including program 27 administration and costs associated with implementation: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,138,598 29 Sec. 356. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN 30 SERVICES. There is appropriated from the Medicaid fraud 31 account created in section 249A.7 to the department of human 32 services for the fiscal year beginning July 1, 2012, and ending 33 June 30, 2013, the following amount, or so much thereof as is 34 necessary, to be used for the purposes designated: 35 -316- LSB 2811HV (1) 84 tm/jp 316/ 518
H.F. 697 To supplement the appropriation made in the department 1 of human services division of this Act from the general fund 2 of the state to the department of human services for medical 3 assistance for the same fiscal year: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 5 Sec. 357. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 6 HUMAN SERVICES. Notwithstanding any provision to the contrary 7 and subject to the availability of funds, there is appropriated 8 from the quality assurance trust fund created in section 9 249L.4 to the department of human services for the fiscal year 10 beginning July 1, 2012, and ending June 30, 2013, the following 11 amounts, or so much thereof as is necessary for the purposes 12 designated: 13 To supplement the appropriation made in the department 14 of human services division of this Act from the general fund 15 of the state to the department of human services for medical 16 assistance for the same fiscal year: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 18 Sec. 358. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 19 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 20 the contrary and subject to the availability of funds, there is 21 appropriated from the hospital health care access trust fund 22 created in section 249M.4 to the department of human services 23 for the fiscal year beginning July 1, 2012, and ending June 24 30, 2013, the following amounts, or so much thereof as is 25 necessary, for the purposes designated: 26 1. To supplement the appropriation made in the health and 27 human services division of this Act from the general fund of 28 the state to the department of human services for medical 29 assistance: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 31 2. For deposit in the nonparticipating provider 32 reimbursement fund created in section 249J.24A to be used for 33 the purposes of the fund: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 35 -317- LSB 2811HV (1) 84 tm/jp 317/ 518
H.F. 697 Sec. 359. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 1 FOR FY 2012-2013. Notwithstanding section 8.33, if moneys 2 appropriated for purposes of the medical assistance program for 3 the fiscal year beginning July 1, 2012, and ending June 30, 4 2013, in the health and human services divisions of this Act 5 from the general fund of the state, the Medicaid fraud account, 6 the quality assurance trust fund, and the hospital health 7 care access trust fund, are in excess of actual expenditures 8 for the medical assistance program and remain unencumbered or 9 unobligated at the close of the fiscal year, the excess moneys 10 shall not revert but shall remain available for expenditure for 11 the purposes of the medical assistance program until the close 12 of the succeeding fiscal year. 13 DIVISION XXXIX 14 HEALTH AND HUMAN SERVICES 15 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 16 2012-2013 17 Sec. 360. MENTAL HEALTH, MENTAL RETARDATION, AND 18 DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX 19 RELIEF. Notwithstanding the standing appropriation in section 20 426B.1, subsection 2, for the fiscal year beginning July 1, 21 2012, and ending June 30, 2013, the amount appropriated from 22 the general fund of the state pursuant to that provision shall 23 not exceed the following amount: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 25 Sec. 361. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— 26 FY 2012-2013. 27 1. There is appropriated from the general fund of the 28 state to the department of human services for the fiscal year 29 beginning July 1, 2012, and ending June 30, 2013, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purpose designated: 32 For distribution to counties of the county mental health, 33 mental retardation, and developmental disabilities allowed 34 growth factor adjustment for fiscal year 2012-2013 as provided 35 -318- LSB 2811HV (1) 84 tm/jp 318/ 518
H.F. 697 in this section in lieu of the allowed growth factor provisions 1 of section 331.438, subsection 2, and section 331.439, 2 subsection 3, and chapter 426B and for transfer for the medical 3 assistance program: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 88,697,893 5 Of the amount appropriated in this subsection, $5,000,000 6 shall be transferred to the appropriation made in the 7 department of human services division of this Act from 8 the general fund of the state to the department of human 9 services for the medical assistance program for the fiscal 10 year beginning July 1, 2012, and shall be used to continue 11 the funding designated in the previous fiscal year to reduce 12 home and community-based services waiver waiting lists for 13 children’s mental health, intellectual disabilities, and brain 14 injury. 15 2. Of the amount appropriated in this section, $12,000,000 16 shall be distributed as provided in this subsection. 17 a. To be eligible to receive a distribution under this 18 subsection, a county must meet the following requirements: 19 (1) The county is levying for the maximum amount allowed 20 for the county’s mental health, mental retardation, and 21 developmental disabilities services fund under section 331.424A 22 for taxes due and payable in the fiscal year beginning July 1, 23 2012, or the county is levying for at least 90 percent of the 24 maximum amount allowed for the county’s services fund and that 25 levy rate is more than $2 per $1,000 of the assessed value of 26 all taxable property in the county. 27 (2) In the fiscal year beginning July 1, 2010, the 28 county’s mental health, mental retardation, and developmental 29 disabilities services fund ending balance under generally 30 accepted accounting principles was equal to or less than 15 31 percent of the county’s actual gross expenditures for that 32 fiscal year. 33 b. The amount of a county’s distribution from the allocation 34 made in this subsection shall be determined based upon the 35 -319- LSB 2811HV (1) 84 tm/jp 319/ 518
H.F. 697 county’s proportion of the general population of the counties 1 eligible to receive a distribution under this subsection. The 2 most recent population estimates issued by the United States 3 bureau of the census shall be applied in determining population 4 for the purposes of this paragraph. 5 c. The distributions made pursuant to this subsection 6 are subject to the distribution provisions and withholding 7 requirements established in this section for the county mental 8 health, mental retardation, and developmental disabilities 9 allowed growth factor adjustment for the fiscal year beginning 10 July 1, 2012. 11 3. The following amount of the funding appropriated in this 12 section is the allowed growth factor adjustment for fiscal 13 year 2012-2013, and shall be credited to the allowed growth 14 funding pool created in the property tax relief fund and for 15 distribution in accordance with section 426B.5, subsection 1: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,697,893 17 4. The following formula amounts shall be utilized only 18 to calculate preliminary distribution amounts for the allowed 19 growth factor adjustment for fiscal year 2012-2013 under this 20 section by applying the indicated formula provisions to the 21 formula amounts and producing a preliminary distribution total 22 for each county: 23 a. For calculation of a distribution amount for eligible 24 counties from the allowed growth funding pool created in the 25 property tax relief fund in accordance with the requirements in 26 section 426B.5, subsection 1: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,773,346 28 b. For calculation of a distribution amount for counties 29 from the mental health and developmental disabilities (MH/DD) 30 community services fund in accordance with the formula provided 31 in the appropriation made for the MH/DD community services fund 32 for the fiscal year beginning July 1, 2012: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,187,556 34 5. a. After applying the applicable statutory distribution 35 -320- LSB 2811HV (1) 84 tm/jp 320/ 518
H.F. 697 formulas to the amounts indicated in subsection 4 for purposes 1 of producing preliminary distribution totals, the department 2 of human services shall apply a withholding factor to adjust 3 an eligible individual county’s preliminary distribution 4 total. In order to be eligible for a distribution under this 5 section, a county must be levying 90 percent or more of the 6 maximum amount allowed for the county’s mental health, mental 7 retardation, and developmental disabilities services fund under 8 section 331.424A for taxes due and payable in the fiscal year 9 for which the distribution is payable. 10 b. An ending balance percentage for each county shall 11 be determined by expressing the county’s ending balance on a 12 modified accrual basis under generally accepted accounting 13 principles for the fiscal year beginning July 1, 2010, in the 14 county’s mental health, mental retardation, and developmental 15 disabilities services fund created under section 331.424A, as a 16 percentage of the county’s gross expenditures from that fund 17 for that fiscal year. If a county borrowed moneys for purposes 18 of providing services from the county’s services fund on or 19 before July 1, 2010, and the county’s services fund ending 20 balance for that fiscal year includes the loan proceeds or an 21 amount designated in the county budget to service the loan for 22 the borrowed moneys, those amounts shall not be considered 23 to be part of the county’s ending balance for purposes of 24 calculating an ending balance percentage under this subsection. 25 c. For purposes of calculating withholding factors and for 26 ending balance amounts used for other purposes under law, the 27 county ending balances shall be adjusted, using forms developed 28 for this purpose by the county finance committee, to disregard 29 the temporary funding increase provided to the counties for 30 the fiscal year through the federal American Recovery and 31 Reinvestment Act of 2009, Pub. L. No. 111-5. In addition, a 32 county may adjust the ending balance amount by rebating to the 33 department all or a portion of the allowed growth and MH/DD 34 services fund moneys the county received for the fiscal year 35 -321- LSB 2811HV (1) 84 tm/jp 321/ 518
H.F. 697 beginning July 1, 2011, in accordance with this Act, or from 1 any other services fund moneys available to the county. The 2 rebate must be remitted to the department on or before June 3 1, 2012, in order to be counted. However, if this division 4 of this Act is enacted after July 1, 2012, the rebate must be 5 remitted not later than 10 calendar days after the date of 6 the governor’s approval of this Act. The amount rebated by a 7 county shall be subtracted dollar-for-dollar from the county’s 8 ending balance amount for the fiscal year beginning July 1, 9 2010, for purposes of calculating the withholding factor and 10 for other ending balance purposes for the fiscal year beginning 11 July 1, 2012. The rebates received by the department shall be 12 credited to the property tax relief fund and distributed as 13 additional funding for the fiscal year beginning July 1, 2012, 14 in accordance with the formula provisions in this section. 15 d. The withholding factor for a county shall be the 16 following applicable percent: 17 (1) For an ending balance percentage of less than 5 18 percent, a withholding factor of 0 percent. In addition, 19 a county that is subject to this lettered paragraph shall 20 receive an inflation adjustment equal to 3 percent of the gross 21 expenditures reported for the county’s services fund for the 22 fiscal year. 23 (2) For an ending balance percentage of 5 percent or more 24 but less than 10 percent, a withholding factor of 0 percent. 25 In addition, a county that is subject to this lettered 26 paragraph shall receive an inflation adjustment equal to 2 27 percent of the gross expenditures reported for the county’s 28 services fund for the fiscal year. 29 (3) For an ending balance percentage of 10 percent or more 30 but less than 25 percent, a withholding factor of 25 percent. 31 However, for counties with an ending balance of 10 percent or 32 more but less than 15 percent, the amount withheld shall be 33 limited to the amount by which the county’s ending balance was 34 in excess of the ending balance percentage of 10 percent. 35 -322- LSB 2811HV (1) 84 tm/jp 322/ 518
H.F. 697 (4) For an ending balance percentage of 25 percent or more, 1 a withholding percentage of 100 percent. 2 6. The total withholding amounts applied pursuant to 3 subsection 5 shall be equal to a withholding target amount of 4 $13,075,453. If the department of human services determines 5 that the amount appropriated is insufficient or the amount to 6 be withheld in accordance with subsection 5 is not equal to 7 the target withholding amount, the department shall adjust the 8 withholding factors listed in subsection 5 as necessary to 9 achieve the target withholding amount. However, in making such 10 adjustments to the withholding factors, the department shall 11 strive to minimize changes to the withholding factors for those 12 ending balance percentage ranges that are lower than others and 13 shall only adjust the zero withholding factor or the inflation 14 adjustment percentages specified in subsection 5, paragraph 15 “d”, when the amount appropriated is insufficient. 16 DIVISION XL 17 JUSTICE SYSTEM 18 FY 2011-2012 19 Sec. 362. DEPARTMENT OF JUSTICE. 20 1. There is appropriated from the general fund of the state 21 to the department of justice for the fiscal year beginning July 22 1, 2011, and ending June 30, 2012, the following amounts, or 23 so much thereof as is necessary, to be used for the purposes 24 designated: 25 a. For the general office of attorney general for salaries, 26 support, maintenance, and miscellaneous purposes, including 27 the prosecuting attorneys training program, matching funds 28 for federal violence against women grant programs, victim 29 assistance grants, office of drug control policy prosecuting 30 attorney program, and odometer fraud enforcement, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,692,930 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 34 It is the intent of the general assembly that as a condition 35 -323- LSB 2811HV (1) 84 tm/jp 323/ 518
H.F. 697 of receiving the appropriation provided in this lettered 1 paragraph, the department of justice shall maintain a record 2 of the estimated time incurred representing each agency or 3 department. 4 b. For victim assistance grants: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,876,400 6 The funds appropriated in this lettered paragraph shall be 7 used to provide grants to care providers providing services to 8 crime victims of domestic abuse or to crime victims of rape and 9 sexual assault. 10 The balance of the victim compensation fund established in 11 section 915.94 may be used to provide salary and support of not 12 more than 24 FTEs and to provide maintenance for the victim 13 compensation functions of the department of justice. 14 The department of justice may transfer moneys from the 15 victim compensation fund established in section 915.94 to the 16 victim assistance grant program. 17 c. For legal services for persons in poverty grants as 18 provided in section 13.34: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800,000 20 2. a. The department of justice, in submitting budget 21 estimates for the fiscal year commencing July 1, 2012, pursuant 22 to section 8.23, shall include a report of funding from sources 23 other than amounts appropriated directly from the general fund 24 of the state to the department of justice or to the office of 25 consumer advocate. These funding sources shall include but 26 are not limited to reimbursements from other state agencies, 27 commissions, boards, or similar entities, and reimbursements 28 from special funds or internal accounts within the department 29 of justice. The department of justice shall also report actual 30 reimbursements for the fiscal year commencing July 1, 2010, 31 and actual and expected reimbursements for the fiscal year 32 commencing July 1, 2011. 33 b. The department of justice shall include the report 34 required under paragraph “a”, as well as information regarding 35 -324- LSB 2811HV (1) 84 tm/jp 324/ 518
H.F. 697 any revisions occurring as a result of reimbursements actually 1 received or expected at a later date, in a report to the 2 co-chairpersons and ranking members of the joint appropriations 3 subcommittee on the justice system and the legislative services 4 agency. The department of justice shall submit the report on 5 or before January 15, 2012. 6 Sec. 363. OFFICE OF CONSUMER ADVOCATE. There is 7 appropriated from the department of commerce revolving fund 8 created in section 546.12 to the office of consumer advocate of 9 the department of justice for the fiscal year beginning July 10 1, 2011, and ending June 30, 2012, the following amount, or 11 so much thereof as is necessary, to be used for the purposes 12 designated: 13 For salaries, support, maintenance, miscellaneous purposes, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 18 Sec. 364. DEPARTMENT OF CORRECTIONS —— FACILITIES. 19 1. There is appropriated from the general fund of the 20 state to the department of corrections for the fiscal year 21 beginning July 1, 2011, and ending June 30, 2012, the following 22 amounts, or so much thereof as is necessary, to be used for the 23 operation of adult correctional institutions, reimbursement 24 of counties for certain confinement costs, and federal prison 25 reimbursement, to be allocated as follows: 26 a. For the operation of the Fort Madison correctional 27 facility, including salaries, support, maintenance, and 28 miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283 30 b. For the operation of the Anamosa correctional facility, 31 including salaries, support, maintenance, and miscellaneous 32 purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 34 c. For the operation of the Oakdale correctional facility, 35 -325- LSB 2811HV (1) 84 tm/jp 325/ 518
H.F. 697 including salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,594,426 3 d. For the operation of the Newton correctional facility, 4 including salaries, support, maintenance, and miscellaneous 5 purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 7 e. For the operation of the Mt. Pleasant correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 11 f. For the operation of the Rockwell City correctional 12 facility, including salaries, support, maintenance, and 13 miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 15 g. For the operation of the Clarinda correctional facility, 16 including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,639,518 19 Moneys received by the department of corrections as 20 reimbursement for services provided to the Clarinda youth 21 corporation are appropriated to the department and shall be 22 used for the purpose of operating the Clarinda correctional 23 facility. 24 h. For the operation of the Mitchellville correctional 25 facility, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 28 i. For the operation of the Fort Dodge correctional 29 facility, including salaries, support, maintenance, and 30 miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 32 j. For reimbursement of counties for temporary confinement 33 of work release and parole violators, as provided in sections 34 901.7, 904.908, and 906.17, and for offenders confined pursuant 35 -326- LSB 2811HV (1) 84 tm/jp 326/ 518
H.F. 697 to section 904.513: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 2 k. For federal prison reimbursement, reimbursements for 3 out-of-state placements, and miscellaneous contracts: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 5 2. The department of corrections shall use moneys 6 appropriated in subsection 1 to continue to contract for the 7 services of a Muslim imam and a Native American spiritual 8 leader. 9 Sec. 365. DEPARTMENT OF CORRECTIONS —— 10 ADMINISTRATION. There is appropriated from the general fund of 11 the state to the department of corrections for the fiscal year 12 beginning July 1, 2011, and ending June 30, 2012, the following 13 amounts, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 1. For general administration, including salaries, support, 16 maintenance, employment of an education director to administer 17 a centralized education program for the correctional system, 18 and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 20 a. It is the intent of the general assembly that as a 21 condition of receiving the appropriation provided in this 22 subsection the department of corrections shall not, except as 23 otherwise provided in paragraph “c”, enter into a new contract, 24 unless the contract is a renewal of an existing contract, for 25 the expenditure of moneys in excess of $100,000 during the 26 fiscal year beginning July 1, 2011, for the privatization of 27 services performed by the department using state employees as 28 of July 1, 2011, or for the privatization of new services by 29 the department without prior consultation with any applicable 30 state employee organization affected by the proposed new 31 contract and prior notification of the co-chairpersons and 32 ranking members of the joint appropriations subcommittee on the 33 justice system. 34 b. It is the intent of the general assembly that each 35 -327- LSB 2811HV (1) 84 tm/jp 327/ 518
H.F. 697 lease negotiated by the department of corrections with a 1 private corporation for the purpose of providing private 2 industry employment of inmates in a correctional institution 3 shall prohibit the private corporation from utilizing inmate 4 labor for partisan political purposes for any person seeking 5 election to public office in this state and that a violation 6 of this requirement shall result in a termination of the lease 7 agreement. 8 c. It is the intent of the general assembly that as a 9 condition of receiving the appropriation provided in this 10 subsection the department of corrections shall not enter into 11 a lease or contractual agreement pursuant to section 904.809 12 with a private corporation for the use of building space for 13 the purpose of providing inmate employment without providing 14 that the terms of the lease or contract establish safeguards to 15 restrict, to the greatest extent feasible, access by inmates 16 working for the private corporation to personal identifying 17 information of citizens. 18 2. For educational programs for inmates at state penal 19 institutions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,308,109 21 a. As a condition of receiving the appropriation in this 22 subsection, the department of corrections shall transfer at 23 least $300,000 from the canteen operating funds established 24 pursuant to section 904.310 to be used for correctional 25 educational programs funded in this subsection. 26 b. It is the intent of the general assembly that moneys 27 appropriated in this subsection shall be used solely for the 28 purpose indicated and that the moneys shall not be transferred 29 for any other purpose. In addition, it is the intent of the 30 general assembly that the department shall consult with the 31 community colleges in the areas in which the institutions are 32 located to utilize moneys appropriated in this subsection 33 to fund the high school completion, high school equivalency 34 diploma, adult literacy, and adult basic education programs in 35 -328- LSB 2811HV (1) 84 tm/jp 328/ 518
H.F. 697 a manner so as to maintain these programs at the institutions. 1 c. To maximize the funding for educational programs, 2 the department shall establish guidelines and procedures to 3 prioritize the availability of educational and vocational 4 training for inmates based upon the goal of facilitating an 5 inmate’s successful release from the correctional institution. 6 d. The director of the department of corrections may 7 transfer moneys from Iowa prison industries for use in 8 educational programs for inmates. 9 e. Notwithstanding section 8.33, moneys appropriated in 10 this subsection that remain unobligated or unexpended at the 11 close of the fiscal year shall not revert but shall remain 12 available to be used only for the purposes designated in this 13 subsection until the close of the succeeding fiscal year. 14 3. For the development of the Iowa corrections offender 15 network (ICON) data system: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 17 4. For offender mental health and substance abuse 18 treatment: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 20 5. For viral hepatitis prevention and treatment: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 22 Sec. 366. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 23 SERVICES. 24 1. There is appropriated from the general fund of the state 25 to the department of corrections for the fiscal year beginning 26 July 1, 2011, and ending June 30, 2012, for salaries, support, 27 maintenance, and miscellaneous purposes, the following amounts, 28 or so much thereof as is necessary, to be allocated as follows: 29 a. For the first judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,020,098 32 b. For the second judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 35 -329- LSB 2811HV (1) 84 tm/jp 329/ 518
H.F. 697 c. For the third judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 3 d. For the fourth judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 6 e. For the fifth judicial district department of 7 correctional services, including funding for electronic 8 monitoring devices for use on a statewide basis: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 10 f. For the sixth judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 13 g. For the seventh judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814 16 h. For the eighth judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,731,055 19 2. Each judicial district department of correctional 20 services, within the funding available, shall continue programs 21 and plans established within that district to provide for 22 intensive supervision, sex offender treatment, diversion of 23 low-risk offenders to the least restrictive sanction available, 24 job development, and expanded use of intermediate criminal 25 sanctions. 26 3. Each judicial district department of correctional 27 services shall provide alternatives to prison consistent with 28 chapter 901B. The alternatives to prison shall ensure public 29 safety while providing maximum rehabilitation to the offender. 30 A judicial district department of correctional services may 31 also establish a day program. 32 4. The governor’s office of drug control policy shall 33 consider federal grants made to the department of corrections 34 for the benefit of each of the eight judicial district 35 -330- LSB 2811HV (1) 84 tm/jp 330/ 518
H.F. 697 departments of correctional services as local government 1 grants, as defined pursuant to federal regulations. 2 5. The department of corrections shall continue to contract 3 with a judicial district department of correctional services to 4 provide for the rental of electronic monitoring equipment which 5 shall be available statewide. 6 6. A judicial district department of correctional services 7 shall accept into the facilities of the district department, 8 offenders assigned from other judicial district departments of 9 correctional services. 10 Sec. 367. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 11 APPROPRIATIONS. Notwithstanding section 8.39, within the 12 moneys appropriated in this division of this Act to the 13 department of corrections, the department may reallocate the 14 moneys appropriated and allocated as necessary to best fulfill 15 the needs of the correctional institutions, administration 16 of the department, and the judicial district departments of 17 correctional services. However, in addition to complying with 18 the requirements of sections 904.116 and 905.8 and providing 19 notice to the legislative services agency, the department 20 of corrections shall also provide notice to the department 21 of management, prior to the effective date of the revision 22 or reallocation of an appropriation made pursuant to this 23 section. The department of corrections shall not reallocate an 24 appropriation or allocation for the purpose of eliminating any 25 program. 26 Sec. 368. INTENT —— REPORTS. 27 1. The department of corrections in cooperation with 28 townships, the Iowa cemetery associations, and other nonprofit 29 or governmental entities may use inmate labor during the 30 fiscal year beginning July 1, 2011, to restore or preserve 31 rural cemeteries and historical landmarks. The department in 32 cooperation with the counties may also use inmate labor to 33 clean up roads, major water sources, and other water sources 34 around the state. 35 -331- LSB 2811HV (1) 84 tm/jp 331/ 518
H.F. 697 2. On a quarterly basis the department shall provide a 1 status report regarding private-sector employment to the 2 legislative services agency beginning on July 1, 2011. The 3 report shall include the number of offenders employed in the 4 private sector, the combined number of hours worked by the 5 offenders, the total amount of allowances, and the distribution 6 of allowances pursuant to section 904.702, including any moneys 7 deposited in the general fund of the state. 8 Sec. 369. ELECTRONIC MONITORING REPORT. The department of 9 corrections shall submit a report on electronic monitoring to 10 the general assembly, to the co-chairpersons and the ranking 11 members of the joint appropriations subcommittee on the justice 12 system, and to the legislative services agency by January 13 15, 2012. The report shall specifically address the number 14 of persons being electronically monitored and break down the 15 number of persons being electronically monitored by offense 16 committed. The report shall also include a comparison of any 17 data from the prior fiscal year with the current year. 18 Sec. 370. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 19 1. As used in this section, unless the context otherwise 20 requires, “state agency” means the government of the state 21 of Iowa, including but not limited to all executive branch 22 departments, agencies, boards, bureaus, and commissions, the 23 judicial branch, the general assembly and all legislative 24 agencies, institutions within the purview of the state board of 25 regents, and any corporation whose primary function is to act 26 as an instrumentality of the state. 27 2. State agencies are hereby encouraged to purchase 28 products from Iowa state industries, as defined in section 29 904.802, when purchases are required and the products are 30 available from Iowa state industries. State agencies shall 31 obtain bids from Iowa state industries for purchases of 32 office furniture during the fiscal year beginning July 1, 33 2011, exceeding $5,000 or in accordance with applicable 34 administrative rules related to purchases for the agency. 35 -332- LSB 2811HV (1) 84 tm/jp 332/ 518
H.F. 697 Sec. 371. IOWA LAW ENFORCEMENT ACADEMY. 1 1. There is appropriated from the general fund of the 2 state to the Iowa law enforcement academy for the fiscal year 3 beginning July 1, 2011, and ending June 30, 2012, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 For salaries, support, maintenance, miscellaneous purposes, 7 including jailer training and technical assistance, and for not 8 more than the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 868,698 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 11 It is the intent of the general assembly that the Iowa law 12 enforcement academy may provide training of state and local 13 law enforcement personnel concerning the recognition of and 14 response to persons with Alzheimer’s disease. 15 The Iowa law enforcement academy may temporarily exceed and 16 draw more than the amount appropriated in this subsection and 17 incur a negative cash balance as long as there are receivables 18 equal to or greater than the negative balance and the amount 19 appropriated in this subsection is not exceeded at the close 20 of the fiscal year. 21 2. The Iowa law enforcement academy may select at least 22 five automobiles of the department of public safety, division 23 of state patrol, prior to turning over the automobiles to 24 the department of administrative services to be disposed 25 of by public auction, and the Iowa law enforcement academy 26 may exchange any automobile owned by the academy for each 27 automobile selected if the selected automobile is used in 28 training law enforcement officers at the academy. However, any 29 automobile exchanged by the academy shall be substituted for 30 the selected vehicle of the department of public safety and 31 sold by public auction with the receipts being deposited in the 32 depreciation fund to the credit of the department of public 33 safety, division of state patrol. 34 Sec. 372. STATE PUBLIC DEFENDER. There is appropriated from 35 -333- LSB 2811HV (1) 84 tm/jp 333/ 518
H.F. 697 the general fund of the state to the office of the state public 1 defender of the department of inspections and appeals for the 2 fiscal year beginning July 1, 2011, and ending June 30, 2012, 3 the following amounts, or so much thereof as is necessary, to 4 be allocated as follows for the purposes designated: 5 1. For salaries, support, maintenance, miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,083,182 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 10 2. For the fees of court-appointed attorneys for indigent 11 adults and juveniles, in accordance with section 232.141 and 12 chapter 815: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,680,929 14 Sec. 373. BOARD OF PAROLE. There is appropriated from 15 the general fund of the state to the board of parole for the 16 fiscal year beginning July 1, 2011, and ending June 30, 2012, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For salaries, support, maintenance, miscellaneous purposes, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,053,835 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 24 Sec. 374. DEPARTMENT OF PUBLIC DEFENSE. There is 25 appropriated from the general fund of the state to the 26 department of public defense for the fiscal year beginning July 27 1, 2011, and ending June 30, 2012, the following amounts, or 28 so much thereof as is necessary, to be used for the purposes 29 designated: 30 1. MILITARY DIVISION 31 For salaries, support, maintenance, miscellaneous purposes, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,527,042 35 -334- LSB 2811HV (1) 84 tm/jp 334/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 1 The military division may temporarily exceed and draw more 2 than the amount appropriated in this subsection and incur a 3 negative cash balance as long as there are receivables of 4 federal funds equal to or greater than the negative balance and 5 the amount appropriated in this subsection is not exceeded at 6 the close of the fiscal year. 7 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 8 For salaries, support, maintenance, miscellaneous purposes, 9 and for not more than the following full-time equivalent 10 positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,836,877 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 13 a. The homeland security and emergency management 14 division may temporarily exceed and draw more than the amount 15 appropriated in this subsection and incur a negative cash 16 balance as long as there are receivables of federal funds 17 equal to or greater than the negative balance and the amount 18 appropriated in this subsection is not exceeded at the close 19 of the fiscal year. 20 b. It is the intent of the general assembly that the 21 homeland security and emergency management division work in 22 conjunction with the department of public safety, to the extent 23 possible, when gathering and analyzing information related 24 to potential domestic or foreign security threats, and when 25 monitoring such threats. 26 Sec. 375. DEPARTMENT OF PUBLIC SAFETY. There is 27 appropriated from the general fund of the state to the 28 department of public safety for the fiscal year beginning July 29 1, 2011, and ending June 30, 2012, the following amounts, or 30 so much thereof as is necessary, to be used for the purposes 31 designated: 32 1. For the department’s administrative functions, including 33 the criminal justice information system, and for not more than 34 the following full-time equivalent positions: 35 -335- LSB 2811HV (1) 84 tm/jp 335/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,007,075 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 2 2. For the division of criminal investigation, including 3 the state’s contribution to the peace officers’ retirement, 4 accident, and disability system provided in chapter 97A in the 5 amount of the state’s normal contribution rate, as defined in 6 section 97A.8, multiplied by the salaries for which the funds 7 are appropriated, to meet federal fund matching requirements, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,533,931 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 12 The department shall employ one additional special agent and 13 one additional criminalist for the purpose of investigating 14 cold cases. Prior to employing the additional special agent 15 and criminalist authorized in this paragraph, the department 16 shall provide a written statement to prospective employees that 17 states to the effect that the positions are being funded by a 18 temporary federal grant and there are no assurances that funds 19 from other sources will be available after the federal funding 20 expires. If the federal funding for the additional positions 21 expires during the fiscal year, the number of full-time 22 equivalent positions authorized in this subsection is reduced 23 by 2.00 FTEs. 24 3. For the criminalistics laboratory fund created in 25 section 691.9: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 27 4. a. For the division of narcotics enforcement, including 28 the state’s contribution to the peace officers’ retirement, 29 accident, and disability system provided in chapter 97A in the 30 amount of the state’s normal contribution rate, as defined in 31 section 97A.8, multiplied by the salaries for which the funds 32 are appropriated, to meet federal fund matching requirements, 33 and for not more than the following full-time equivalent 34 positions: 35 -336- LSB 2811HV (1) 84 tm/jp 336/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,429,884 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 2 b. For the division of narcotics enforcement for undercover 3 purchases: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 5 5. For the division of state fire marshal, for fire 6 protection services as provided through the state fire service 7 and emergency response council as created in the department, 8 and for the state’s contribution to the peace officers’ 9 retirement, accident, and disability system provided in chapter 10 97A in the amount of the state’s normal contribution rate, as 11 defined in section 97A.8, multiplied by the salaries for which 12 the funds are appropriated, and for not more than the following 13 full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,298,707 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 16 6. For the division of state patrol, for salaries, support, 17 maintenance, workers’ compensation costs, and miscellaneous 18 purposes, including the state’s contribution to the peace 19 officers’ retirement, accident, and disability system provided 20 in chapter 97A in the amount of the state’s normal contribution 21 rate, as defined in section 97A.8, multiplied by the salaries 22 for which the funds are appropriated, and for not more than the 23 following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,903,233 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 26 It is the intent of the general assembly that members of the 27 state patrol be assigned to patrol the highways and roads in 28 lieu of assignments for inspecting school buses for the school 29 districts. 30 7. For deposit in the sick leave benefits fund established 31 under section 80.42 for all departmental employees eligible to 32 receive benefits for accrued sick leave under the collective 33 bargaining agreement: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 35 -337- LSB 2811HV (1) 84 tm/jp 337/ 518
H.F. 697 8. For costs associated with the training and equipment 1 needs of volunteer fire fighters: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 725,520 3 a. Notwithstanding section 8.33, moneys appropriated in 4 this subsection that remain unencumbered or unobligated at the 5 close of the fiscal year shall not revert but shall remain 6 available for expenditure only for the purpose designated in 7 this subsection until the close of the succeeding fiscal year. 8 b. Notwithstanding section 8.39, within the moneys 9 appropriated in this section, the department of public safety 10 may reallocate moneys as necessary to best fulfill the needs 11 provided for in the appropriation. However, the department 12 shall not reallocate an appropriation made to the department 13 in this section unless notice of the reallocation is given 14 to the legislative services agency and the department of 15 management prior to the effective date of the reallocation. 16 The notice shall include information regarding the rationale 17 for reallocating the appropriation. The department shall 18 not reallocate an appropriation made in this section for the 19 purpose of eliminating any program. 20 Sec. 376. GAMING ENFORCEMENT. 21 1. There is appropriated from the gaming enforcement 22 revolving fund created in section 80.43 to the department of 23 public safety for the fiscal year beginning July 1, 2011, and 24 ending June 30, 2012, the following amount, or so much thereof 25 as is necessary, to be used for the purposes designated: 26 For any direct and indirect support costs for agents 27 and officers of the division of criminal investigation’s 28 excursion gambling boat, gambling structure, and racetrack 29 enclosure enforcement activities, including salaries, support, 30 maintenance, miscellaneous purposes, and for not more than the 31 following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,306 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 34 2. For each additional license to conduct gambling games on 35 -338- LSB 2811HV (1) 84 tm/jp 338/ 518
H.F. 697 an excursion gambling boat, gambling structure, or racetrack 1 enclosure issued during the fiscal year beginning July 1, 2011, 2 there is appropriated from the gaming enforcement fund to the 3 department of public safety for the fiscal year beginning July 4 1, 2011, and ending June 30, 2012, an additional amount of not 5 more than $521,000 to be used for not more than 6.00 additional 6 full-time equivalent positions. 7 3. The department of public safety, with the approval 8 of the department of management, may employ no more than two 9 special agents and four gaming enforcement officers for each 10 additional riverboat or gambling structure regulated after July 11 1, 2011, and one special agent for each racing facility which 12 becomes operational during the fiscal year which begins July 1, 13 2011. One additional gaming enforcement officer, up to a total 14 of four per riverboat or gambling structure, may be employed 15 for each riverboat or gambling structure that has extended 16 operations to 24 hours and has not previously operated with a 17 24-hour schedule. Positions authorized in this subsection are 18 in addition to the full-time equivalent positions otherwise 19 authorized in this section. 20 Sec. 377. CIVIL RIGHTS COMMISSION. There is appropriated 21 from the general fund of the state to the Iowa state civil 22 rights commission for the fiscal year beginning July 1, 23 2011, and ending June 30, 2012, the following amount, or so 24 much thereof as is necessary, to be used for the purposes 25 designated: 26 For salaries, support, maintenance, miscellaneous purposes, 27 and for not more than the following full-time equivalent 28 positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 31 The Iowa state civil rights commission may enter into 32 a contract with a nonprofit organization to provide legal 33 assistance to resolve civil rights complaints. 34 Sec. 378. IOWA COMMUNICATIONS NETWORK. It is the 35 -339- LSB 2811HV (1) 84 tm/jp 339/ 518
H.F. 697 intent of the general assembly that the executive branch 1 agencies receiving an appropriation in this Act utilize 2 the Iowa communications network or secure other electronic 3 communications in lieu of traveling for the fiscal year 4 addressed by the appropriations. 5 Sec. 379. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 6 DIVISION. There is appropriated from the wireless E911 7 emergency communications fund created in section 34A.7A to the 8 administrator of the homeland security and emergency management 9 division of the department of public defense for the fiscal 10 year beginning July 1, 2011, and ending June 30, 2012, an 11 amount not exceeding $200,000 to be used for implementation, 12 support, and maintenance of the functions of the administrator 13 and program manager under chapter 34A and to employ the auditor 14 of the state to perform an annual audit of the wireless E911 15 emergency communications fund. 16 Sec. 380. SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— 17 RATIO. Notwithstanding section 8A.402, subsection 2, paragraph 18 “g”, for the fiscal year beginning July 1, 2011, the department 19 of corrections, department of public safety, and the judicial 20 district departments of correctional services shall be exempt 21 from the target ratio of supervisory employees to other 22 employees otherwise applicable for that fiscal year under 23 section 8A.402, subsection 2, paragraph “g”. 24 Sec. 381. GERIATRIC AND PSYCHIATRIC TREATMENT REPORT. The 25 departments of corrections, human services, inspections and 26 appeals, and public health, and the board of parole, shall 27 jointly study the development and establishment of treatment 28 options for geriatric and psychiatric patients currently under 29 the care, custody, and control of the state to provide maximum 30 treatment opportunities for such persons while achieving fiscal 31 efficiencies. The department of corrections in consultation 32 with the other departments and the board of parole, shall 33 provide a report detailing the results of the study to 34 the co-chairpersons and the ranking members of the joint 35 -340- LSB 2811HV (1) 84 tm/jp 340/ 518
H.F. 697 appropriations subcommittee on health and human services, the 1 co-chairpersons and ranking members of the joint appropriations 2 subcommittee on justice system, and the legislative services 3 agency by November 15, 2011. 4 Sec. 382. Section 80.43, Code 2011, is amended to read as 5 follows: 6 80.43 Gaming enforcement —— revolving fund. 7 1. A gaming enforcement revolving fund is created in the 8 state treasury under the control of the department. The fund 9 shall consist of fees collected and deposited into the fund 10 paid by licensees pursuant to section 99D.14, subsection 2 , 11 paragraph “b” , and fees paid by licensees pursuant to section 12 99F.10, subsection 4 , paragraph “b” . All costs for agents and 13 officers plus any direct and indirect support costs for such 14 agents and officers of the division of criminal investigation’s 15 racetrack, excursion boat, or gambling structure enforcement 16 activities shall be paid from the fund as provided in 17 appropriations made for this purpose by the general assembly. 18 The department shall submit quarterly reports to the department 19 of management and the legislative services agency relating to 20 revenues billed and collected and expenditures from the fund 21 in a format determined by the department of management after 22 consultation with the legislative services agency. 23 2. To meet the department’s cash flow needs, the department 24 may temporarily use funds from the general fund of the state 25 to pay expenses in excess of moneys available in the revolving 26 fund if those additional expenditures are fully reimbursable 27 and the department reimburses the general fund of the state 28 and ensures all moneys are repaid in full by the close of the 29 fiscal year. Notwithstanding any provision of the law to the 30 contrary, in order to minimize the use of moneys from the 31 general fund of the state, the department shall estimate the 32 temporary use of funds from the general fund of the state for 33 the cash flow needs of the revolving fund as early as possible 34 in each fiscal year. Because any general fund moneys used 35 -341- LSB 2811HV (1) 84 tm/jp 341/ 518
H.F. 697 shall be fully reimbursed, such temporary use of funds from the 1 general fund of the state shall not constitute an appropriation 2 for purposes of calculating the state general fund expenditure 3 limitation pursuant to section 8.54 . 4 3. Section 8.33 does not apply to any moneys credited or 5 appropriated to the revolving fund from any other fund and, 6 notwithstanding section 12C.7, subsection 2 , earnings or 7 interest on moneys deposited in the revolving fund shall be 8 credited to the revolving fund . 9 4. The establishment of the revolving fund pursuant to this 10 section shall not be interpreted in any manner to compromise or 11 impact the accountability of, and the limitation of authority 12 with respect to, an agency or entity under state law. Any 13 provision applicable to, or responsibility of, a division or 14 office collecting moneys for deposit into the fund created in 15 this section shall not be altered or impacted by the existence 16 of the fund and shall remain applicable to the same extent 17 as if the division or office were receiving moneys pursuant 18 to an appropriation from the general fund of the state. The 19 department shall comply with directions issued by the governor 20 to executive branch departments regarding restrictions on 21 out-of-state travel, hiring justifications, association 22 memberships, equipment purchases, consulting contracts, and any 23 other expenditure efficiencies the governor deems appropriate. 24 Sec. 383. 2009 Iowa Acts, chapter 178, section 20, is 25 amended to read as follows: 26 SEC. 20. CONSUMER EDUCATION AND LITIGATION 27 FUND. Notwithstanding section 714.16C, for each fiscal 28 year of the period beginning July 1, 2008, and ending June 29 30, 2011 2013 , the annual appropriations in section 714.16C, 30 are increased from $1,125,000 to $1,875,000, and $75,000 to 31 $125,000 respectively. Moneys appropriated from the consumer 32 education and litigation fund may be allocated for cash flow 33 purposes to the victim compensation fund established in section 34 915.94 during each of the fiscal years enumerated, provided 35 -342- LSB 2811HV (1) 84 tm/jp 342/ 518
H.F. 697 that any moneys so allocated are returned to the consumer 1 education and litigation fund by the end of each fiscal year an 2 allocation occurs. 3 DIVISION XLI 4 JUSTICE SYSTEM 5 FY 2012-2013 6 Sec. 384. DEPARTMENT OF JUSTICE. 7 1. There is appropriated from the general fund of the state 8 to the department of justice for the fiscal year beginning July 9 1, 2012, and ending June 30, 2013, the following amounts, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 a. For the general office of attorney general for salaries, 13 support, maintenance, and miscellaneous purposes, including 14 the prosecuting attorneys training program, matching funds 15 for federal violence against women grant programs, victim 16 assistance grants, office of drug control policy prosecuting 17 attorney program, and odometer fraud enforcement, and for not 18 more than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,538,991 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 21 It is the intent of the general assembly that as a condition 22 of receiving the appropriation provided in this lettered 23 paragraph, the department of justice shall maintain a record 24 of the estimated time incurred representing each agency or 25 department. 26 b. For victim assistance grants: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,444,940 28 The funds appropriated in this lettered paragraph shall be 29 used to provide grants to care providers providing services to 30 crime victims of domestic abuse or to crime victims of rape and 31 sexual assault. 32 The balance of the victim compensation fund established in 33 section 915.94 may be used to provide salary and support of not 34 more than 24 FTEs and to provide maintenance for the victim 35 -343- LSB 2811HV (1) 84 tm/jp 343/ 518
H.F. 697 compensation functions of the department of justice. 1 The department of justice may transfer moneys from the 2 victim compensation fund established in section 915.94 to the 3 victim assistance grant program. 4 c. For legal services for persons in poverty grants as 5 provided in section 13.34: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,530,000 7 2. a. The department of justice, in submitting budget 8 estimates for the fiscal year commencing July 1, 2013, pursuant 9 to section 8.23, shall include a report of funding from sources 10 other than amounts appropriated directly from the general fund 11 of the state to the department of justice or to the office of 12 consumer advocate. These funding sources shall include but 13 are not limited to reimbursements from other state agencies, 14 commissions, boards, or similar entities, and reimbursements 15 from special funds or internal accounts within the department 16 of justice. The department of justice shall also report actual 17 reimbursements for the fiscal year commencing July 1, 2011, 18 and actual and expected reimbursements for the fiscal year 19 commencing July 1, 2012. 20 b. The department of justice shall include the report 21 required under paragraph “a”, as well as information regarding 22 any revisions occurring as a result of reimbursements actually 23 received or expected at a later date, in a report to the 24 co-chairpersons and ranking members of the joint appropriations 25 subcommittee on the justice system and the legislative services 26 agency. The department of justice shall submit the report on 27 or before January 15, 2013. 28 Sec. 385. OFFICE OF CONSUMER ADVOCATE. There is 29 appropriated from the department of commerce revolving fund 30 created in section 546.12 to the office of consumer advocate of 31 the department of justice for the fiscal year beginning July 32 1, 2012, and ending June 30, 2013, the following amount, or 33 so much thereof as is necessary, to be used for the purposes 34 designated: 35 -344- LSB 2811HV (1) 84 tm/jp 344/ 518
H.F. 697 For salaries, support, maintenance, miscellaneous purposes, 1 and for not more than the following full-time equivalent 2 positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,665,739 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 5 Sec. 386. DEPARTMENT OF CORRECTIONS —— FACILITIES. 6 1. There is appropriated from the general fund of the 7 state to the department of corrections for the fiscal year 8 beginning July 1, 2012, and ending June 30, 2013, the following 9 amounts, or so much thereof as is necessary, to be used for the 10 operation of adult correctional institutions, reimbursement 11 of counties for certain confinement costs, and federal prison 12 reimbursement, to be allocated as follows: 13 a. For the operation of the Fort Madison correctional 14 facility, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,876,591 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,188,078 21 c. For the operation of the Oakdale correctional facility, 22 including salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,255,262 25 d. For the operation of the Newton correctional facility, 26 including salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,064,943 29 e. For the operation of the Mt. Pleasant correctional 30 facility, including salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,030,143 33 f. For the operation of the Rockwell City correctional 34 facility, including salaries, support, maintenance, and 35 -345- LSB 2811HV (1) 84 tm/jp 345/ 518
H.F. 697 miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,918,996 2 g. For the operation of the Clarinda correctional facility, 3 including salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,943,590 6 Moneys received by the department of corrections as 7 reimbursement for services provided to the Clarinda youth 8 corporation are appropriated to the department and shall be 9 used for the purpose of operating the Clarinda correctional 10 facility. 11 h. For the operation of the Mitchellville correctional 12 facility, including salaries, support, maintenance, and 13 miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,273,068 15 i. For the operation of the Fort Dodge correctional 16 facility, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,702,900 19 j. For reimbursement of counties for temporary confinement 20 of work release and parole violators, as provided in sections 21 901.7, 904.908, and 906.17, and for offenders confined pursuant 22 to section 904.513: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 658,828 24 k. For federal prison reimbursement, reimbursements for 25 out-of-state placements, and miscellaneous contracts: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 203,499 27 2. The department of corrections shall use moneys 28 appropriated in subsection 1 to continue to contract for the 29 services of a Muslim imam and a Native American spiritual 30 leader. 31 Sec. 387. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 32 There is appropriated from the general fund of the state to 33 the department of corrections for the fiscal year beginning 34 July 1, 2012, and ending June 30, 2013, the following amounts, 35 -346- LSB 2811HV (1) 84 tm/jp 346/ 518
H.F. 697 or so much thereof as is necessary, to be used for the purposes 1 designated: 2 1. For general administration, including salaries, support, 3 maintenance, employment of an education director to administer 4 a centralized education program for the correctional system, 5 and miscellaneous purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,110,211 7 a. It is the intent of the general assembly that as a 8 condition of receiving the appropriation provided in this 9 subsection the department of corrections shall not, except as 10 otherwise provided in paragraph “c”, enter into a new contract, 11 unless the contract is a renewal of an existing contract, for 12 the expenditure of moneys in excess of $100,000 during the 13 fiscal year beginning July 1, 2012, for the privatization of 14 services performed by the department using state employees as 15 of July 1, 2012, or for the privatization of new services by 16 the department without prior consultation with any applicable 17 state employee organization affected by the proposed new 18 contract and prior notification of the co-chairpersons and 19 ranking members of the joint appropriations subcommittee on the 20 justice system. 21 b. It is the intent of the general assembly that each 22 lease negotiated by the department of corrections with a 23 private corporation for the purpose of providing private 24 industry employment of inmates in a correctional institution 25 shall prohibit the private corporation from utilizing inmate 26 labor for partisan political purposes for any person seeking 27 election to public office in this state and that a violation 28 of this requirement shall result in a termination of the lease 29 agreement. 30 c. It is the intent of the general assembly that as a 31 condition of receiving the appropriation provided in this 32 subsection the department of corrections shall not enter into 33 a lease or contractual agreement pursuant to section 904.809 34 with a private corporation for the use of building space for 35 -347- LSB 2811HV (1) 84 tm/jp 347/ 518
H.F. 697 the purpose of providing inmate employment without providing 1 that the terms of the lease or contract establish safeguards to 2 restrict, to the greatest extent feasible, access by inmates 3 working for the private corporation to personal identifying 4 information of citizens. 5 2. For educational programs for inmates at state penal 6 institutions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,961,893 8 a. As a condition of receiving the appropriation in this 9 subsection, the department of corrections shall transfer at 10 least $300,000 from the canteen operating funds established 11 pursuant to section 904.310 to be used for correctional 12 educational programs funded in this subsection. 13 b. It is the intent of the general assembly that moneys 14 appropriated in this subsection shall be used solely for the 15 purpose indicated and that the moneys shall not be transferred 16 for any other purpose. In addition, it is the intent of the 17 general assembly that the department shall consult with the 18 community colleges in the areas in which the institutions are 19 located to utilize moneys appropriated in this subsection 20 to fund the high school completion, high school equivalency 21 diploma, adult literacy, and adult basic education programs in 22 a manner so as to maintain these programs at the institutions. 23 c. To maximize the funding for educational programs, 24 the department shall establish guidelines and procedures to 25 prioritize the availability of educational and vocational 26 training for inmates based upon the goal of facilitating an 27 inmate’s successful release from the correctional institution. 28 d. The director of the department of corrections may 29 transfer moneys from Iowa prison industries for use in 30 educational programs for inmates. 31 e. Notwithstanding section 8.33, moneys appropriated in 32 this subsection that remain unobligated or unexpended at the 33 close of the fiscal year shall not revert but shall remain 34 available to be used only for the purposes designated in this 35 -348- LSB 2811HV (1) 84 tm/jp 348/ 518
H.F. 697 subsection until the close of the succeeding fiscal year. 1 3. For the development of the Iowa corrections offender 2 network (ICON) data system: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 360,709 4 4. For offender mental health and substance abuse 5 treatment: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,971 7 5. For viral hepatitis prevention and treatment: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,699 9 Sec. 388. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 10 SERVICES. 11 1. There is appropriated from the general fund of the state 12 to the department of corrections for the fiscal year beginning 13 July 1, 2012, and ending June 30, 2013, for salaries, support, 14 maintenance, and miscellaneous purposes, the following amounts, 15 or so much thereof as is necessary, to be allocated as follows: 16 a. For the first judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,217,083 19 b. For the second judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,786,406 22 c. For the third judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,759,800 25 d. For the fourth judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,582,652 28 e. For the fifth judicial district department of 29 correctional services, including funding for electronic 30 monitoring devices for use on a statewide basis: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,930,810 32 f. For the sixth judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,145,679 35 -349- LSB 2811HV (1) 84 tm/jp 349/ 518
H.F. 697 g. For the seventh judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,518,892 3 h. For the eighth judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,721,397 6 2. Each judicial district department of correctional 7 services, within the funding available, shall continue programs 8 and plans established within that district to provide for 9 intensive supervision, sex offender treatment, diversion of 10 low-risk offenders to the least restrictive sanction available, 11 job development, and expanded use of intermediate criminal 12 sanctions. 13 3. Each judicial district department of correctional 14 services shall provide alternatives to prison consistent with 15 chapter 901B. The alternatives to prison shall ensure public 16 safety while providing maximum rehabilitation to the offender. 17 A judicial district department of correctional services may 18 also establish a day program. 19 4. The governor’s office of drug control policy shall 20 consider federal grants made to the department of corrections 21 for the benefit of each of the eight judicial district 22 departments of correctional services as local government 23 grants, as defined pursuant to federal regulations. 24 5. The department of corrections shall continue to contract 25 with a judicial district department of correctional services to 26 provide for the rental of electronic monitoring equipment which 27 shall be available statewide. 28 6. A judicial district department of correctional services 29 shall accept into the facilities of the district department, 30 offenders assigned from other judicial district departments of 31 correctional services. 32 Sec. 389. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 33 APPROPRIATIONS. Notwithstanding section 8.39, within the 34 moneys appropriated in this division of this Act to the 35 -350- LSB 2811HV (1) 84 tm/jp 350/ 518
H.F. 697 department of corrections, the department may reallocate the 1 moneys appropriated and allocated as necessary to best fulfill 2 the needs of the correctional institutions, administration 3 of the department, and the judicial district departments of 4 correctional services. However, in addition to complying with 5 the requirements of sections 904.116 and 905.8 and providing 6 notice to the legislative services agency, the department 7 of corrections shall also provide notice to the department 8 of management, prior to the effective date of the revision 9 or reallocation of an appropriation made pursuant to this 10 section. The department of corrections shall not reallocate an 11 appropriation or allocation for the purpose of eliminating any 12 program. 13 Sec. 390. INTENT —— REPORTS. 14 1. The department of corrections in cooperation with 15 townships, the Iowa cemetery associations, and other nonprofit 16 or governmental entities may use inmate labor during the 17 fiscal year beginning July 1, 2012, to restore or preserve 18 rural cemeteries and historical landmarks. The department in 19 cooperation with the counties may also use inmate labor to 20 clean up roads, major water sources, and other water sources 21 around the state. 22 2. On a quarterly basis the department shall provide a 23 status report regarding private-sector employment to the 24 legislative services agency beginning on July 1, 2012. The 25 report shall include the number of offenders employed in the 26 private sector, the combined number of hours worked by the 27 offenders, the total amount of allowances, and the distribution 28 of allowances pursuant to section 904.702, including any moneys 29 deposited in the general fund of the state. 30 Sec. 391. ELECTRONIC MONITORING REPORT. The department of 31 corrections shall submit a report on electronic monitoring to 32 the general assembly, to the co-chairpersons and the ranking 33 members of the joint appropriations subcommittee on the justice 34 system, and to the legislative services agency by January 35 -351- LSB 2811HV (1) 84 tm/jp 351/ 518
H.F. 697 15, 2013. The report shall specifically address the number 1 of persons being electronically monitored and break down the 2 number of persons being electronically monitored by offense 3 committed. The report shall also include a comparison of any 4 data from the prior fiscal year with the current year. 5 Sec. 392. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 6 1. As used in this section, unless the context otherwise 7 requires, “state agency” means the government of the state 8 of Iowa, including but not limited to all executive branch 9 departments, agencies, boards, bureaus, and commissions, the 10 judicial branch, the general assembly and all legislative 11 agencies, institutions within the purview of the state board of 12 regents, and any corporation whose primary function is to act 13 as an instrumentality of the state. 14 2. State agencies are hereby encouraged to purchase 15 products from Iowa state industries, as defined in section 16 904.802, when purchases are required and the products are 17 available from Iowa state industries. State agencies shall 18 obtain bids from Iowa state industries for purchases of 19 office furniture during the fiscal year beginning July 1, 20 2012, exceeding $5,000 or in accordance with applicable 21 administrative rules related to purchases for the agency. 22 Sec. 393. IOWA LAW ENFORCEMENT ACADEMY. 23 1. There is appropriated from the general fund of the 24 state to the Iowa law enforcement academy for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 For salaries, support, maintenance, miscellaneous purposes, 29 including jailer training and technical assistance, and for not 30 more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 738,393 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 33 It is the intent of the general assembly that the Iowa law 34 enforcement academy may provide training of state and local 35 -352- LSB 2811HV (1) 84 tm/jp 352/ 518
H.F. 697 law enforcement personnel concerning the recognition of and 1 response to persons with Alzheimer’s disease. 2 The Iowa law enforcement academy may temporarily exceed and 3 draw more than the amount appropriated in this subsection and 4 incur a negative cash balance as long as there are receivables 5 equal to or greater than the negative balance and the amount 6 appropriated in this subsection is not exceeded at the close 7 of the fiscal year. 8 2. The Iowa law enforcement academy may select at least 9 five automobiles of the department of public safety, division 10 of state patrol, prior to turning over the automobiles to 11 the department of administrative services to be disposed 12 of by public auction, and the Iowa law enforcement academy 13 may exchange any automobile owned by the academy for each 14 automobile selected if the selected automobile is used in 15 training law enforcement officers at the academy. However, any 16 automobile exchanged by the academy shall be substituted for 17 the selected vehicle of the department of public safety and 18 sold by public auction with the receipts being deposited in the 19 depreciation fund to the credit of the department of public 20 safety, division of state patrol. 21 Sec. 394. STATE PUBLIC DEFENDER. There is appropriated from 22 the general fund of the state to the office of the state public 23 defender of the department of inspections and appeals for the 24 fiscal year beginning July 1, 2012, and ending June 30, 2013, 25 the following amounts, or so much thereof as is necessary, to 26 be allocated as follows for the purposes designated: 27 1. For salaries, support, maintenance, miscellaneous 28 purposes, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,083,182 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 32 2. For the fees of court-appointed attorneys for indigent 33 adults and juveniles, in accordance with section 232.141 and 34 chapter 815: 35 -353- LSB 2811HV (1) 84 tm/jp 353/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,680,929 1 Sec. 395. BOARD OF PAROLE. There is appropriated from 2 the general fund of the state to the board of parole for the 3 fiscal year beginning July 1, 2012, and ending June 30, 2013, 4 the following amount, or so much thereof as is necessary, to be 5 used for the purposes designated: 6 For salaries, support, maintenance, miscellaneous purposes, 7 and for not more than the following full-time equivalent 8 positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 895,760 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 11 Sec. 396. DEPARTMENT OF PUBLIC DEFENSE. There is 12 appropriated from the general fund of the state to the 13 department of public defense for the fiscal year beginning July 14 1, 2012, and ending June 30, 2013, the following amounts, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 1. MILITARY DIVISION 18 For salaries, support, maintenance, miscellaneous purposes, 19 and for not more than the following full-time equivalent 20 positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,697,986 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 23 The military division may temporarily exceed and draw more 24 than the amount appropriated in this subsection and incur a 25 negative cash balance as long as there are receivables of 26 federal funds equal to or greater than the negative balance and 27 the amount appropriated in this subsection is not exceeded at 28 the close of the fiscal year. 29 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 30 For salaries, support, maintenance, miscellaneous purposes, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,561,345 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 35 -354- LSB 2811HV (1) 84 tm/jp 354/ 518
H.F. 697 a. The homeland security and emergency management 1 division may temporarily exceed and draw more than the amount 2 appropriated in this subsection and incur a negative cash 3 balance as long as there are receivables of federal funds 4 equal to or greater than the negative balance and the amount 5 appropriated in this subsection is not exceeded at the close 6 of the fiscal year. 7 b. It is the intent of the general assembly that the 8 homeland security and emergency management division work in 9 conjunction with the department of public safety, to the extent 10 possible, when gathering and analyzing information related 11 to potential domestic or foreign security threats, and when 12 monitoring such threats. 13 Sec. 397. DEPARTMENT OF PUBLIC SAFETY. There is 14 appropriated from the general fund of the state to the 15 department of public safety for the fiscal year beginning July 16 1, 2012, and ending June 30, 2013, the following amounts, or 17 so much thereof as is necessary, to be used for the purposes 18 designated: 19 1. For the department’s administrative functions, including 20 the criminal justice information system, and for not more than 21 the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,406,014 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 24 2. For the division of criminal investigation, including 25 the state’s contribution to the peace officers’ retirement, 26 accident, and disability system provided in chapter 97A in the 27 amount of the state’s normal contribution rate, as defined in 28 section 97A.8, multiplied by the salaries for which the funds 29 are appropriated, to meet federal fund matching requirements, 30 and for not more than the following full-time equivalent 31 positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,653,841 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 34 The department shall employ one additional special agent and 35 -355- LSB 2811HV (1) 84 tm/jp 355/ 518
H.F. 697 one additional criminalist for the purpose of investigating 1 cold cases. Prior to employing the additional special agent 2 and criminalist authorized in this paragraph, the department 3 shall provide a written statement to prospective employees that 4 states to the effect that the positions are being funded by a 5 temporary federal grant and there are no assurances that funds 6 from other sources will be available after the federal funding 7 expires. If the federal funding for the additional positions 8 expires during the fiscal year, the number of full-time 9 equivalent positions authorized in this subsection is reduced 10 by 2.00 FTEs. 11 3. For the criminalistics laboratory fund created in 12 section 691.9: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 256,993 14 4. a. For the division of narcotics enforcement, including 15 the state’s contribution to the peace officers’ retirement, 16 accident, and disability system provided in chapter 97A in the 17 amount of the state’s normal contribution rate, as defined in 18 section 97A.8, multiplied by the salaries for which the funds 19 are appropriated, to meet federal fund matching requirements, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,465,401 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 24 b. For the division of narcotics enforcement for undercover 25 purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 92,686 27 5. For the division of state fire marshal, for fire 28 protection services as provided through the state fire service 29 and emergency response council as created in the department, 30 and for the state’s contribution to the peace officers’ 31 retirement, accident, and disability system provided in chapter 32 97A in the amount of the state’s normal contribution rate, as 33 defined in section 97A.8, multiplied by the salaries for which 34 the funds are appropriated, and for not more than the following 35 -356- LSB 2811HV (1) 84 tm/jp 356/ 518
H.F. 697 full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,653,901 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 3 6. For the division of state patrol, for salaries, support, 4 maintenance, workers’ compensation costs, and miscellaneous 5 purposes, including the state’s contribution to the peace 6 officers’ retirement, accident, and disability system provided 7 in chapter 97A in the amount of the state’s normal contribution 8 rate, as defined in section 97A.8, multiplied by the salaries 9 for which the funds are appropriated, and for not more than the 10 following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,117,748 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 13 It is the intent of the general assembly that members of the 14 state patrol be assigned to patrol the highways and roads in 15 lieu of assignments for inspecting school buses for the school 16 districts. 17 7. For deposit in the sick leave benefits fund established 18 under section 80.42 for all departmental employees eligible to 19 receive benefits for accrued sick leave under the collective 20 bargaining agreement: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 237,589 22 8. For costs associated with the training and equipment 23 needs of volunteer fire fighters: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 616,692 25 a. Notwithstanding section 8.33, moneys appropriated in 26 this subsection that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for expenditure only for the purpose designated in 29 this subsection until the close of the succeeding fiscal year. 30 b. Notwithstanding section 8.39, within the moneys 31 appropriated in this section, the department of public safety 32 may reallocate moneys as necessary to best fulfill the needs 33 provided for in the appropriation. However, the department 34 shall not reallocate an appropriation made to the department 35 -357- LSB 2811HV (1) 84 tm/jp 357/ 518
H.F. 697 in this section unless notice of the reallocation is given 1 to the legislative services agency and the department of 2 management prior to the effective date of the reallocation. 3 The notice shall include information regarding the rationale 4 for reallocating the appropriation. The department shall 5 not reallocate an appropriation made in this section for the 6 purpose of eliminating any program. 7 Sec. 398. GAMING ENFORCEMENT. 8 1. There is appropriated from the gaming enforcement 9 revolving fund created in section 80.43 to the department of 10 public safety for the fiscal year beginning July 1, 2012, and 11 ending June 30, 2013, the following amount, or so much thereof 12 as is necessary, to be used for the purposes designated: 13 For any direct and indirect support costs for agents 14 and officers of the division of criminal investigation’s 15 excursion gambling boat, gambling structure, and racetrack 16 enclosure enforcement activities, including salaries, support, 17 maintenance, miscellaneous purposes, and for not more than the 18 following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,360,860 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 21 2. For each additional license to conduct gambling games on 22 an excursion gambling boat, gambling structure, or racetrack 23 enclosure issued during the fiscal year beginning July 1, 2012, 24 there is appropriated from the gaming enforcement fund to the 25 department of public safety for the fiscal year beginning July 26 1, 2012, and ending June 30, 2013, an additional amount of not 27 more than $521,000 to be used for not more than 6.00 additional 28 full-time equivalent positions. 29 3. The department of public safety, with the approval 30 of the department of management, may employ no more than two 31 special agents and four gaming enforcement officers for each 32 additional riverboat or gambling structure regulated after July 33 1, 2012, and one special agent for each racing facility which 34 becomes operational during the fiscal year which begins July 1, 35 -358- LSB 2811HV (1) 84 tm/jp 358/ 518
H.F. 697 2012. One additional gaming enforcement officer, up to a total 1 of four per riverboat or gambling structure, may be employed 2 for each riverboat or gambling structure that has extended 3 operations to 24 hours and has not previously operated with a 4 24-hour schedule. Positions authorized in this subsection are 5 in addition to the full-time equivalent positions otherwise 6 authorized in this section. 7 Sec. 399. CIVIL RIGHTS COMMISSION. There is appropriated 8 from the general fund of the state to the Iowa state civil 9 rights commission for the fiscal year beginning July 1, 10 2012, and ending June 30, 2013, the following amount, or so 11 much thereof as is necessary, to be used for the purposes 12 designated: 13 For salaries, support, maintenance, miscellaneous purposes, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,102,509 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 18 The Iowa state civil rights commission may enter into 19 a contract with a nonprofit organization to provide legal 20 assistance to resolve civil rights complaints. 21 Sec. 400. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 22 DIVISION. There is appropriated from the wireless E911 23 emergency communications fund created in section 34A.7A to the 24 administrator of the homeland security and emergency management 25 division of the department of public defense for the fiscal 26 year beginning July 1, 2012, and ending June 30, 2013, an 27 amount not exceeding $200,000 to be used for implementation, 28 support, and maintenance of the functions of the administrator 29 and program manager under chapter 34A and to employ the auditor 30 of the state to perform an annual audit of the wireless E911 31 emergency communications fund. 32 Sec. 401. SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— 33 RATIO. Notwithstanding section 8A.402, subsection 2, paragraph 34 “g”, for the fiscal year beginning July 1, 2011, the department 35 -359- LSB 2811HV (1) 84 tm/jp 359/ 518
H.F. 697 of corrections, department of public safety, and the judicial 1 district departments of correctional services shall be exempt 2 from the target ratio of supervisory employees to other 3 employees otherwise applicable for that fiscal year under 4 section 8A.402, subsection 2, paragraph “g”. 5 DIVISION XLII 6 JUDICIAL BRANCH 7 FY 2011-2012 8 Sec. 402. JUDICIAL BRANCH —— APPROPRIATIONS. 9 1. There is appropriated from the general fund of the state 10 to the judicial branch for the fiscal year beginning July 1, 11 2011, and ending June 30, 2012, the following amount, or so 12 much thereof as is necessary, to be used for the purposes 13 designated: 14 a. For salaries of supreme court justices, appellate court 15 judges, district court judges, district associate judges, 16 judicial magistrates and staff, state court administrator, 17 clerk of the supreme court, district court administrators, 18 clerks of the district court, juvenile court officers, board of 19 law examiners and board of examiners of shorthand reporters and 20 judicial qualifications commission; receipt and disbursement 21 of child support payments; reimbursement of the auditor 22 of state for expenses incurred in completing audits of the 23 offices of the clerks of the district court during the fiscal 24 year beginning July 1, 2011; and maintenance, equipment, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,111,822 27 b. For deposit in the revolving fund created pursuant 28 to section 602.1302, subsection 3, for jury and witness 29 fees, mileage, costs related to summoning jurors, fees for 30 interpreters, and reimbursement of attorney fees paid by the 31 state public defender: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 33 2. The judicial branch, except for purposes of internal 34 processing, shall use the current state budget system, the 35 -360- LSB 2811HV (1) 84 tm/jp 360/ 518
H.F. 697 state payroll system, and the Iowa finance and accounting 1 system in administration of programs and payments for services, 2 and shall not duplicate the state payroll, accounting, and 3 budgeting systems. 4 3. The judicial branch shall submit monthly financial 5 statements to the legislative services agency and the 6 department of management containing all appropriated accounts 7 in the same manner as provided in the monthly financial status 8 reports and personal services usage reports of the department 9 of administrative services. The monthly financial statements 10 shall include a comparison of the dollars and percentage 11 spent of budgeted versus actual revenues and expenditures on 12 a cumulative basis for full-time equivalent positions and 13 dollars. 14 4. The judicial branch shall focus efforts upon the 15 collection of delinquent fines, penalties, court costs, fees, 16 surcharges, or similar amounts. 17 5. It is the intent of the general assembly that the offices 18 of the clerk of the district court operate in all 99 counties 19 and be accessible to the public as much as reasonably possible 20 in order to address the relative needs of the citizens of each 21 county. 22 6. In addition to the requirements for transfers under 23 section 8.39, the judicial branch shall not change the 24 appropriations from the amounts appropriated to the judicial 25 branch in this division of this Act, unless notice of the 26 revisions is given prior to their effective date to the 27 legislative services agency. The notice shall include 28 information on the branch’s rationale for making the changes 29 and details concerning the workload and performance measures 30 upon which the changes are based. 31 7. The judicial branch shall submit a semiannual update 32 to the legislative services agency specifying the amounts of 33 fines, surcharges, and court costs collected using the Iowa 34 court information system since the last report. The judicial 35 -361- LSB 2811HV (1) 84 tm/jp 361/ 518
H.F. 697 branch shall continue to facilitate the sharing of vital 1 sentencing and other information with other state departments 2 and governmental agencies involved in the criminal justice 3 system through the Iowa court information system. 4 8. The judicial branch shall provide a report to the general 5 assembly by January 1, 2012, concerning the amounts received 6 and expended from the enhanced court collections fund created 7 in section 602.1304 and the court technology and modernization 8 fund created in section 602.8108, subsection 7, during the 9 fiscal year beginning July 1, 2010, and ending June 30, 2011, 10 and the plans for expenditures from each fund during the fiscal 11 year beginning July 1, 2011, and ending June 30, 2012. A copy 12 of the report shall be provided to the legislative services 13 agency. 14 9. The judicial branch is encouraged to purchase products 15 from Iowa state industries, as defined in section 904.802, when 16 purchases are required and the products are available from Iowa 17 state industries. The judicial branch shall obtain bids from 18 Iowa state industries for purchases of office furniture during 19 the fiscal year beginning July 1, 2011, exceeding $5,000. 20 Sec. 403. CIVIL TRIALS —— LOCATION. Notwithstanding any 21 provision to the contrary, for the fiscal year beginning July 22 1, 2011, and ending June 30, 2012, if all parties in a case 23 agree, a civil trial including a jury trial may take place in a 24 county contiguous to the county with proper jurisdiction, even 25 if the contiguous county is located in an adjacent judicial 26 district or judicial election district. If the trial is moved 27 pursuant to this section, court personnel shall treat the case 28 as if a change of venue occurred. However, if a trial is moved 29 to an adjacent judicial district or judicial election district, 30 the judicial officers serving in the judicial district or 31 judicial election district receiving the case shall preside 32 over the case. 33 Sec. 404. TRAVEL REIMBURSEMENT. Notwithstanding section 34 602.1509, for the fiscal year beginning July 1, 2011, a 35 -362- LSB 2811HV (1) 84 tm/jp 362/ 518
H.F. 697 judicial officer may waive travel reimbursement for any travel 1 outside the judicial officer’s county of residence to conduct 2 official judicial business. 3 Sec. 405. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 4 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 5 required to be provided by the judicial branch for fiscal year 6 2011-2012 to the legislative services agency shall be provided 7 in an electronic format. The legislative services agency shall 8 post the reports on its internet website and shall notify by 9 electronic means all the members of the joint appropriations 10 subcommittee on the justice system when a report is posted. 11 Upon request, copies of the reports may be mailed to members of 12 the joint appropriations subcommittee on the justice system. 13 Sec. 406. JUDICIAL OFFICER —— UNPAID 14 LEAVE. Notwithstanding the annual salary rates for judicial 15 officers established by 2008 Iowa Acts, chapter 1191, section 16 11, for the fiscal year beginning July 1, 2011, and ending 17 June 30, 2012, the supreme court may by order place all 18 judicial officers on unpaid leave status on any day employees 19 of the judicial branch are placed on temporary layoff status. 20 The biweekly pay of the judicial officers shall be reduced 21 accordingly for the pay period in which the unpaid leave date 22 occurred in the same manner as for noncontract employees of the 23 judicial branch. Through the course of the fiscal year, the 24 judicial branch may use an amount equal to the aggregate amount 25 of salary reductions due to the judicial officer unpaid leave 26 days for any purpose other than for judicial salaries. 27 Sec. 407. IOWA COMMUNICATIONS NETWORK. It is the intent 28 of the general assembly that the judicial branch utilize 29 the Iowa communications network or other secure electronic 30 communications in lieu of traveling for the fiscal year 31 beginning July 1, 2011. 32 DIVISION XLIII 33 JUDICIAL BRANCH 34 FY 2012-2013 35 -363- LSB 2811HV (1) 84 tm/jp 363/ 518
H.F. 697 Sec. 408. JUDICIAL BRANCH —— APPROPRIATIONS. 1 1. There is appropriated from the general fund of the state 2 to the judicial branch for the fiscal year beginning July 1, 3 2012, and ending June 30, 2013, the following amount, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For salaries of supreme court justices, appellate court 7 judges, district court judges, district associate judges, 8 judicial magistrates and staff, state court administrator, 9 clerk of the supreme court, district court administrators, 10 clerks of the district court, juvenile court officers, board of 11 law examiners and board of examiners of shorthand reporters and 12 judicial qualifications commission; receipt and disbursement 13 of child support payments; reimbursement of the auditor 14 of state for expenses incurred in completing audits of the 15 offices of the clerks of the district court during the fiscal 16 year beginning July 1, 2012; and maintenance, equipment, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,111,822 19 b. For deposit in the revolving fund created pursuant 20 to section 602.1302, subsection 3, for jury and witness 21 fees, mileage, costs related to summoning jurors, fees for 22 interpreters, and reimbursement of attorney fees paid by the 23 state public defender: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 25 2. The judicial branch, except for purposes of internal 26 processing, shall use the current state budget system, the 27 state payroll system, and the Iowa finance and accounting 28 system in administration of programs and payments for services, 29 and shall not duplicate the state payroll, accounting, and 30 budgeting systems. 31 3. The judicial branch shall submit monthly financial 32 statements to the legislative services agency and the 33 department of management containing all appropriated accounts 34 in the same manner as provided in the monthly financial status 35 -364- LSB 2811HV (1) 84 tm/jp 364/ 518
H.F. 697 reports and personal services usage reports of the department 1 of administrative services. The monthly financial statements 2 shall include a comparison of the dollars and percentage 3 spent of budgeted versus actual revenues and expenditures on 4 a cumulative basis for full-time equivalent positions and 5 dollars. 6 4. The judicial branch shall focus efforts upon the 7 collection of delinquent fines, penalties, court costs, fees, 8 surcharges, or similar amounts. 9 5. It is the intent of the general assembly that the offices 10 of the clerk of the district court operate in all 99 counties 11 and be accessible to the public as much as reasonably possible 12 in order to address the relative needs of the citizens of each 13 county. 14 6. In addition to the requirements for transfers under 15 section 8.39, the judicial branch shall not change the 16 appropriations from the amounts appropriated to the judicial 17 branch in this division of this Act, unless notice of the 18 revisions is given prior to their effective date to the 19 legislative services agency. The notice shall include 20 information on the branch’s rationale for making the changes 21 and details concerning the workload and performance measures 22 upon which the changes are based. 23 7. The judicial branch shall submit a semiannual update 24 to the legislative services agency specifying the amounts of 25 fines, surcharges, and court costs collected using the Iowa 26 court information system since the last report. The judicial 27 branch shall continue to facilitate the sharing of vital 28 sentencing and other information with other state departments 29 and governmental agencies involved in the criminal justice 30 system through the Iowa court information system. 31 8. The judicial branch shall provide a report to the general 32 assembly by January 1, 2013, concerning the amounts received 33 and expended from the enhanced court collections fund created 34 in section 602.1304 and the court technology and modernization 35 -365- LSB 2811HV (1) 84 tm/jp 365/ 518
H.F. 697 fund created in section 602.8108, subsection 7, during the 1 fiscal year beginning July 1, 2011, and ending June 30, 2012, 2 and the plans for expenditures from each fund during the fiscal 3 year beginning July 1, 2012, and ending June 30, 2013. A copy 4 of the report shall be provided to the legislative services 5 agency. 6 9. The judicial branch is encouraged to purchase products 7 from Iowa state industries, as defined in section 904.802, when 8 purchases are required and the products are available from Iowa 9 state industries. The judicial branch shall obtain bids from 10 Iowa state industries for purchases of office furniture during 11 the fiscal year beginning July 1, 2012, exceeding $5,000. 12 Sec. 409. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2012, and ending June 30, 2013, if all parties in a case 15 agree, a civil trial including a jury trial may take place in a 16 county contiguous to the county with proper jurisdiction, even 17 if the contiguous county is located in an adjacent judicial 18 district or judicial election district. If the trial is moved 19 pursuant to this section, court personnel shall treat the case 20 as if a change of venue occurred. However, if a trial is moved 21 to an adjacent judicial district or judicial election district, 22 the judicial officers serving in the judicial district or 23 judicial election district receiving the case shall preside 24 over the case. 25 Sec. 410. TRAVEL REIMBURSEMENT. Notwithstanding section 26 602.1509, for the fiscal year beginning July 1, 2012, a 27 judicial officer may waive travel reimbursement for any travel 28 outside the judicial officer’s county of residence to conduct 29 official judicial business. 30 Sec. 411. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 31 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 32 required to be provided by the judicial branch for fiscal year 33 2012-2013 to the legislative services agency shall be provided 34 in an electronic format. The legislative services agency shall 35 -366- LSB 2811HV (1) 84 tm/jp 366/ 518
H.F. 697 post the reports on its internet website and shall notify by 1 electronic means all the members of the joint appropriations 2 subcommittee on the justice system when a report is posted. 3 Upon request, copies of the reports may be mailed to members of 4 the joint appropriations subcommittee on the justice system. 5 Sec. 412. JUDICIAL OFFICER —— UNPAID 6 LEAVE. Notwithstanding the annual salary rates for judicial 7 officers established by 2008 Iowa Acts, chapter 1191, section 8 11, for the fiscal year beginning July 1, 2012, and ending 9 June 30, 2013, the supreme court may by order place all 10 judicial officers on unpaid leave status on any day employees 11 of the judicial branch are placed on temporary layoff status. 12 The biweekly pay of the judicial officers shall be reduced 13 accordingly for the pay period in which the unpaid leave date 14 occurred in the same manner as for noncontract employees of the 15 judicial branch. Through the course of the fiscal year, the 16 judicial branch may use an amount equal to the aggregate amount 17 of salary reductions due to the judicial officer unpaid leave 18 days for any purpose other than for judicial salaries. 19 Sec. 413. IOWA COMMUNICATIONS NETWORK. It is the intent 20 of the general assembly that the judicial branch utilize 21 the Iowa communications network or other secure electronic 22 communications in lieu of traveling for the fiscal year 23 beginning July 1, 2012. 24 DIVISION XLIV 25 TRANSPORTATION 26 FY 2011-2012 27 Sec. 414. ROAD USE TAX FUND. There is appropriated from the 28 road use tax fund created in section 312.1 to the department of 29 transportation for the fiscal year beginning July 1, 2011, and 30 ending June 30, 2012, the following amounts, or so much thereof 31 as is necessary, to be used for the purposes designated: 32 1. For the payment of costs associated with the production 33 of driver’s licenses, as defined in section 321.1, subsection 34 20A: 35 -367- LSB 2811HV (1) 84 tm/jp 367/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,876,000 1 Notwithstanding section 8.33, moneys appropriated in this 2 subsection that remain unencumbered or unobligated at the close 3 of the fiscal year shall not revert but shall remain available 4 for expenditure for the purposes specified in this subsection 5 until the close of the succeeding fiscal year. 6 2. For salaries, support, maintenance, and miscellaneous 7 purposes: 8 a. Operations: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,570,000 10 b. Planning: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 458,000 12 c. Motor vehicles: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,921,000 14 3. For payments to the department of administrative 15 services for utility services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225,000 17 4. Unemployment compensation: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,000 19 5. For payments to the department of administrative 20 services for paying workers’ compensation claims under chapter 21 85 on behalf of employees of the department of transportation: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,000 23 6. For payment to the general fund of the state for indirect 24 cost recoveries: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78,000 26 7. For reimbursement to the auditor of state for audit 27 expenses as provided in section 11.5B: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,319 29 8. For automation, telecommunications, and related costs 30 associated with the county issuance of driver’s licenses and 31 vehicle registrations and titles: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,406,000 33 9. For transfer to the department of public safety for 34 operating a system providing toll-free telephone road and 35 -368- LSB 2811HV (1) 84 tm/jp 368/ 518
H.F. 697 weather conditions information: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 2 10. For costs associated with the participation in the 3 Mississippi river parkway commission: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 5 11. For motor vehicle division field facility maintenance 6 projects at various locations: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 12. For scale replacement projects at various locations: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000 10 For purposes of section 8.33, unless specifically provided 11 otherwise, moneys appropriated in subsections 11 and 12 that 12 remain unencumbered or unobligated shall not revert but shall 13 remain available for expenditure for the purposes designated 14 until the close of the fiscal year that ends three years after 15 the end of the fiscal year for which the appropriation was 16 made. However, if the projects for which the appropriation 17 was made are completed in an earlier fiscal year, unencumbered 18 or unobligated moneys shall revert at the close of that same 19 fiscal year. 20 Sec. 415. PRIMARY ROAD FUND. There is appropriated from the 21 primary road fund created in section 313.3 to the department of 22 transportation for the fiscal year beginning July 1, 2011, and 23 ending June 30, 2012, the following amounts, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 1. For salaries, support, maintenance, miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 a. Operations: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,356,529 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 296.00 31 b. Planning: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,697,095 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 121.00 34 c. Highways: 35 -369- LSB 2811HV (1) 84 tm/jp 369/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $230,913,992 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2,247.00 2 d. Motor vehicles: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,413,540 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 445.00 5 2. For payments to the department of administrative 6 services for utility services: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,388,000 8 3. Unemployment compensation: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138,000 10 4. For payments to the department of administrative 11 services for paying workers’ compensation claims under 12 chapter 85 on behalf of the employees of the department of 13 transportation: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,846,000 15 5. For disposal of hazardous wastes from field locations and 16 the central complex: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800,000 18 6. For payment to the general fund of the state for indirect 19 cost recoveries: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 572,000 21 7. For reimbursement to the auditor of state for audit 22 expenses as provided in section 11.5B: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 415,181 24 8. For costs associated with producing transportation maps: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,000 26 9. For inventory and equipment replacement: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,366,000 28 10. For utility improvements at various locations: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 30 11. For roofing projects at various locations: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 32 12. For heating, cooling, and exhaust system improvements 33 at various locations: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 35 -370- LSB 2811HV (1) 84 tm/jp 370/ 518
H.F. 697 13. For deferred maintenance projects at field facilities 1 throughout the state: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 3 14. For elevator upgrades at the Ames complex: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 5 15. For wastewater treatment improvements at various 6 locations: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 8 16. For replacement of the Swea City garage: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,100,000 10 For purposes of section 8.33, unless specifically provided 11 otherwise, moneys appropriated in subsections 10 through 16 12 that remain unencumbered or unobligated shall not revert 13 but shall remain available for expenditure for the purposes 14 designated until the close of the fiscal year that ends 15 three years after the end of the fiscal year for which the 16 appropriation was made. However, if the project or projects 17 for which such appropriation was made are completed in an 18 earlier fiscal year, unencumbered or unobligated moneys shall 19 revert at the close of that same fiscal year. 20 DIVISION XLV 21 TRANSPORTATION 22 FY 2012-2013 23 Sec. 416. ROAD USE TAX FUND. There is appropriated from the 24 road use tax fund created in section 312.1 to the department of 25 transportation for the fiscal year beginning July 1, 2012, and 26 ending June 30, 2013, the following amounts, or so much thereof 27 as is necessary, to be used for the purposes designated: 28 1. For the payment of costs associated with the production 29 of driver’s licenses, as defined in section 321.1, subsection 30 20A: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,876,000 32 Notwithstanding section 8.33, moneys appropriated in this 33 subsection that remain unencumbered or unobligated at the close 34 of the fiscal year shall not revert but shall remain available 35 -371- LSB 2811HV (1) 84 tm/jp 371/ 518
H.F. 697 for expenditure for the purposes specified in this subsection 1 until the close of the succeeding fiscal year. 2 2. For salaries, support, maintenance, and miscellaneous 3 purposes: 4 a. Operations: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,584,500 6 b. Planning: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 389,300 8 c. Motor vehicles: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,832,850 10 3. For payments to the department of administrative 11 services for utility services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 191,250 13 4. Unemployment compensation: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,950 15 5. For payments to the department of administrative 16 services for paying workers’ compensation claims under chapter 17 85 on behalf of employees of the department of transportation: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,150 19 6. For payment to the general fund of the state for indirect 20 cost recoveries: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,300 22 7. For reimbursement to the auditor of state for audit 23 expenses as provided in section 11.5B: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,221 25 8. For automation, telecommunications, and related costs 26 associated with the county issuance of driver’s licenses and 27 vehicle registrations and titles: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,195,100 29 9. For transfer to the department of public safety for 30 operating a system providing toll-free telephone road and 31 weather conditions information: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 33 10. For costs associated with the participation in the 34 Mississippi river parkway commission: 35 -372- LSB 2811HV (1) 84 tm/jp 372/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,000 1 11. For motor vehicle division field facility maintenance 2 projects at various locations: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 4 12. For scale replacement projects at various locations: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000 6 For purposes of section 8.33, unless specifically provided 7 otherwise, moneys appropriated in subsections 11 and 12 that 8 remain unencumbered or unobligated shall not revert but shall 9 remain available for expenditure for the purposes designated 10 until the close of the fiscal year that ends three years after 11 the end of the fiscal year for which the appropriation was 12 made. However, if the projects for which the appropriation 13 was made are completed in an earlier fiscal year, unencumbered 14 or unobligated moneys shall revert at the close of that same 15 fiscal year. 16 Sec. 417. PRIMARY ROAD FUND. There is appropriated from the 17 primary road fund created in section 313.3 to the department of 18 transportation for the fiscal year beginning July 1, 2012, and 19 ending June 30, 2013, the following amounts, or so much thereof 20 as is necessary, to be used for the purposes designated: 21 1. For salaries, support, maintenance, miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 a. Operations: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,303,050 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 296.00 27 b. Planning: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,392,531 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 121.00 30 c. Highways: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $196,276,893 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2,247.00 33 d. Motor vehicles: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,201,509 35 -373- LSB 2811HV (1) 84 tm/jp 373/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 445.00 1 2. For payments to the department of administrative 2 services for utility services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,179,800 4 3. Unemployment compensation: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 117,300 6 4. For payments to the department of administrative 7 services for paying workers’ compensation claims under 8 chapter 85 on behalf of the employees of the department of 9 transportation: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,419,100 11 5. For disposal of hazardous wastes from field locations and 12 the central complex: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 680,000 14 6. For payment to the general fund of the state for indirect 15 cost recoveries: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 486,200 17 7. For reimbursement to the auditor of state for audit 18 expenses as provided in section 11.5B: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 352,904 20 8. For costs associated with producing transportation maps: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 205,700 22 9. For inventory and equipment replacement: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,561,100 24 10. For utility improvements at various locations: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 26 11. For roofing projects at various locations: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 28 12. For heating, cooling, and exhaust system improvements 29 at various locations: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 31 13. For deferred maintenance projects at field facilities 32 throughout the state: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 34 14. For wastewater treatment improvements at various 35 -374- LSB 2811HV (1) 84 tm/jp 374/ 518
H.F. 697 locations: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 2 15. For replacement of the New Hampton combined facility: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,200,000 4 For purposes of section 8.33, unless specifically provided 5 otherwise, moneys appropriated in subsections 10 through 15 6 that remain unencumbered or unobligated shall not revert 7 but shall remain available for expenditure for the purposes 8 designated until the close of the fiscal year that ends 9 three years after the end of the fiscal year for which the 10 appropriation was made. However, if the project or projects 11 for which such appropriation was made are completed in an 12 earlier fiscal year, unencumbered or unobligated moneys shall 13 revert at the close of that same fiscal year. 14 DIVISION XLVI 15 INFRASTRUCTURE AND CAPITALS 16 REBUILD IOWA INFRASTRUCTURE FUND 17 Sec. 418. There is appropriated from the rebuild Iowa 18 infrastructure fund to the following departments and agencies 19 for the following fiscal years, the following amounts, or so 20 much thereof as is necessary, to be used for the purposes 21 designated: 22 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 23 a. For projects related to major repairs and major 24 maintenance for state buildings and facilities: 25 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,000,000 26 b. For exterior repairs and related improvements to the 27 state historical building: 28 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 29 c. For infrastructure improvements, including fire safety 30 and security systems, in the secretary of state offices in the 31 Lucas state office building: 32 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,000 33 d. For fire protection improvements at the facilities 34 management center and central energy plant on the capitol 35 -375- LSB 2811HV (1) 84 tm/jp 375/ 518
H.F. 697 complex: 1 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 2 e. For renovation, repairs, replacement, and related 3 improvements to extend the useful life of buildings on 4 the capitol complex and to make improvements, including 5 improvements relating to safety and building code requirements, 6 to the capitol complex grounds: 7 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 8 2. DEPARTMENT FOR THE BLIND 9 For replacement of air handlers and related improvements: 10 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,065,674 11 3. DEPARTMENT OF CORRECTIONS 12 a. For the construction project and one-time furniture, 13 fixture, and equipment costs at Fort Madison: 14 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,155,077 15 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,269,124 16 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 17 b. For the construction project and one-time equipment 18 costs at the Iowa correctional facility for women at 19 Mitchellville: 20 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,061,556 21 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,062 22 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,769,040 23 4. DEPARTMENT OF CULTURAL AFFAIRS 24 For deposit into the Iowa great places program fund created 25 in section 303.3D for Iowa great places program projects that 26 meet the definition of the term “vertical infrastructure” in 27 section 8.57, subsection 6, paragraph “c”: 28 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 29 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 30 Of the amounts appropriated in this subsection, up to 31 $45,000 may be used per fiscal year for administration of the 32 Iowa great places grant program, notwithstanding section 8.57, 33 subsection 6, paragraph “c”. 34 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 35 -376- LSB 2811HV (1) 84 tm/jp 376/ 518
H.F. 697 For accelerated career education program capital projects at 1 community colleges that are authorized under chapter 260G and 2 that meet the definition of the term “vertical infrastructure” 3 in section 8.57, subsection 6, paragraph “c”: 4 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 5 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000 6 6. DEPARTMENT OF EDUCATION 7 a. To the public broadcasting division for the purchase of a 8 building in the city of Johnston: 9 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,255,550 10 b. For major renovation and major repair needs, including 11 health, life, and fire safety needs and for compliance with the 12 federal Americans with Disabilities Act, for state buildings 13 and facilities under the purview of the community colleges: 14 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 15 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 16 7. DEPARTMENT OF HUMAN SERVICES 17 For the renovation and construction of certain nursing 18 facilities, consistent with the provisions of chapter 249K: 19 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 285,000 20 8. DEPARTMENT OF NATURAL RESOURCES 21 a. For floodplain management and dam safety, 22 notwithstanding section 8.57, subsection 6, paragraph “c”: 23 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 24 Of the amounts appropriated in this lettered paragraph, 25 up to $400,000 is authorized for stream gages to be used 26 for tracking and predicting flood events and for compiling 27 necessary data relating to flood frequency analysis. 28 b. For implementation of lake projects that have 29 established watershed improvement initiatives and community 30 support in accordance with the department’s annual lake 31 restoration plan and report, notwithstanding section 8.57, 32 subsection 6, paragraph “c”: 33 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,600,000 34 Of the amount appropriated in this lettered paragraph, 35 -377- LSB 2811HV (1) 84 tm/jp 377/ 518
H.F. 697 $350,000 shall be allocated for a lake with public access 1 that has the support of a benefited lake district located in 2 a county with a population between seventeen thousand seven 3 hundred and seventeen thousand eight hundred as determined 4 by the 2010 federal decennial census. The allocated moneys 5 shall be used for purposes of completing a preconstruction 6 dam restoration study that would include a geotechnical 7 evaluation, hydrological studies, restoration alternatives, and 8 construction specifications. 9 9. DEPARTMENT OF PUBLIC DEFENSE 10 a. For major maintenance projects at national guard 11 armories and facilities: 12 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 13 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 b. For renovation and facility improvements at the 15 Muscatine readiness center: 16 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 17 c. For construction improvement projects at statewide 18 readiness centers: 19 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800,000 20 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800,000 21 d. For construction upgrades at Camp Dodge including 22 sanitary system and sewer system improvements: 23 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 24 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 e. For renovation, repair, and related improvements at the 26 joint forces headquarters building: 27 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 28 f. For renovation and facility improvements at the Dubuque 29 readiness center: 30 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 31 10. BOARD OF REGENTS 32 a. For allocation by the state board of regents to the 33 state university of Iowa, Iowa state university of science 34 and technology, and the university of northern Iowa to 35 -378- LSB 2811HV (1) 84 tm/jp 378/ 518
H.F. 697 reimburse the institutions for deficiencies in the operating 1 funds resulting from the pledging of tuition, student fees 2 and charges, and institutional income to finance the cost of 3 providing academic and administrative buildings and facilities 4 and utility services at the institutions: 5 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,305,412 6 b. For the Iowa flood center at the state university of Iowa 7 for use by the university’s college of engineering, pursuant 8 to section 466C.1, notwithstanding section 8.57, subsection 6, 9 paragraph “c”: 10 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300,000 11 c. For fire, safety and other major maintenance projects at 12 the regents institutions: 13 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 15 d. For construction, renovation, and related improvements 16 for phase II of the agricultural and biosystems engineering 17 complex, including classrooms, laboratories, and offices at 18 Iowa state university of science and technology: 19 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 20 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,800,000 21 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 22 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,600,000 23 e. For the renovation and related improvements to the dental 24 science building at the state university of Iowa including but 25 not limited to renovation of clinical spaces and development of 26 a multidisciplinary clinical area: 27 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 28 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 29 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,000 30 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,000 31 f. For renovation and related improvements for Bartlett 32 hall at the university of northern Iowa including providing 33 faculty offices, seminar rooms, and laboratories in the 34 building and the associated demolition of Baker hall: 35 -379- LSB 2811HV (1) 84 tm/jp 379/ 518
H.F. 697 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 1 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,286,000 2 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,767,000 3 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,947,000 4 11. DEPARTMENT OF TRANSPORTATION 5 a. For acquiring, constructing, and improving recreational 6 trails within the state: 7 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 8 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 9 b. For deposit into the public transit infrastructure 10 grant fund created in section 324A.6A, for projects that meet 11 the definition of “vertical infrastructure” in section 8.57, 12 subsection 6, paragraph “c”: 13 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 14 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 15 c. For infrastructure improvements at the commercial 16 service airports within the state: 17 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 18 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 19 d. For infrastructure improvements at general aviation 20 airports within the state: 21 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 22 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 23 12. TREASURER OF STATE 24 For distribution in accordance with chapter 174 to qualified 25 fairs which belong to the association of Iowa fairs for county 26 fair infrastructure improvements: 27 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,000 28 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,000 29 13. DEPARTMENT OF VETERANS AFFAIRS 30 a. For transfer to the Iowa finance authority for the 31 continuation of the home ownership assistance program for 32 persons who are or were eligible members of the armed forces of 33 the United States, pursuant to section 16.54, notwithstanding 34 section 8.57, subsection 6, paragraph “c”: 35 -380- LSB 2811HV (1) 84 tm/jp 380/ 518
H.F. 697 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 1 b. For the Iowa veterans home to upgrade generator emissions 2 controls to meet required stack emissions for four generators 3 and related improvements: 4 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 5 Sec. 419. REVERSION. For purposes of section 8.33, unless 6 specifically provided otherwise, unencumbered or unobligated 7 moneys made from an appropriation in this division of this Act 8 shall not revert but shall remain available for expenditure for 9 the purposes designated until the close of the fiscal year that 10 ends three years after the end of the fiscal year for which the 11 appropriation is made. However, if the project or projects for 12 which such appropriation was made are completed in an earlier 13 fiscal year, unencumbered or unobligated moneys shall revert at 14 the close of that same fiscal year. 15 DIVISION XLVII 16 INFRASTRUCTURE AND CAPITALS 17 TECHNOLOGY REINVESTMENT FUND 18 Sec. 420. There is appropriated from the technology 19 reinvestment fund created in section 8.57C to the following 20 departments and agencies for the following fiscal years, the 21 following amounts, or so much thereof as is necessary, to be 22 used for the purposes designated: 23 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 24 For technology improvement projects: 25 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,643,728 26 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 27 2. DEPARTMENT OF CORRECTIONS 28 For costs associated with the Iowa corrections offender 29 network data system: 30 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 31 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 32 3. DEPARTMENT OF EDUCATION 33 a. For maintenance and lease costs associated with 34 connections for part III of the Iowa communications network: 35 -381- LSB 2811HV (1) 84 tm/jp 381/ 518
H.F. 697 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 1 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 2 b. For the implementation of an educational data warehouse 3 that will be utilized by teachers, parents, school district 4 administrators, area education agency staff, department of 5 education staff, and policymakers: 6 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 7 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 8 The department may use a portion of the moneys appropriated 9 in this lettered paragraph for an e-transcript data system 10 capable of tracking students throughout their education via 11 interconnectivity with multiple schools. 12 4. DEPARTMENT OF HUMAN RIGHTS 13 For the cost of equipment and computer software for the 14 implementation of Iowa’s criminal justice information system: 15 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,689,307 16 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,756,747 17 5. DEPARTMENT OF HUMAN SERVICES 18 To be used for medical contracts under the medical 19 assistance program for technology upgrades necessary to support 20 Medicaid claims and other health operations, worldwide HIPAA 21 claims transactions and coding requirements, and the Iowa 22 automated benefits calculation system: 23 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,494,176 24 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,667,600 25 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,267,600 26 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,945,684 27 6. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION 28 For replacement of equipment for the Iowa communications 29 network: 30 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,248,653 31 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,248,653 32 The commission may continue to enter into contracts pursuant 33 to section 8D.13 for the replacement of equipment and for 34 operation and maintenance costs of the network. 35 -382- LSB 2811HV (1) 84 tm/jp 382/ 518
H.F. 697 In addition to funds appropriated in this subsection, the 1 commission may use a financing agreement entered into by the 2 treasurer of state in accordance with section 12.28 for the 3 replacement of equipment for the network. For purposes of 4 this subsection, the treasurer of state is not subject to 5 the maximum principal limitation contained in section 12.28, 6 subsection 6. Repayment of any amounts financed shall be made 7 from receipts associated with fees charged for use of the 8 network. 9 7. DEPARTMENT OF MANAGEMENT 10 To develop a searchable database that can be placed on the 11 internet for budget and financial information: 12 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 13 8. DEPARTMENT OF PUBLIC SAFETY 14 For the provision of radio communications equipment and 15 related equipment upgrades to comply with federal narrowbanding 16 transition requirements under the federal communication 17 commission narrowbanding mandate: 18 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 19 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 20 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 21 The department of public safety shall work with the 22 departments of corrections and natural resources to accomplish 23 the radio communications upgrades to comply with the federal 24 mandate. 25 The department of public safety may develop a public-private 26 partnership to ensure a statewide public safety radio network 27 that complies with the federal narrowbanding mandate and to 28 achieve the goal of interoperability as defined in section 29 80.28. 30 On or before January 13, 2012, the department of public 31 safety shall provide a report to the legislative services 32 agency and the department of management detailing the status 33 of the funds appropriated in this subsection and the efforts 34 made to meet the federal mandate deadline. The report shall 35 -383- LSB 2811HV (1) 84 tm/jp 383/ 518
H.F. 697 include estimated equipment needs of the departments of public 1 safety, corrections, and natural resources to meet the federal 2 narrowbanding mandate as well as any changes in estimated costs 3 to meet those needs, the status of requests for proposals 4 for bids for radio equipment, and any efforts to develop a 5 public-private partnership. 6 Sec. 421. REVERSION. For purposes of section 8.33, unless 7 specifically provided otherwise, unencumbered or unobligated 8 moneys made from an appropriation in this division of this Act 9 shall not revert but shall remain available for expenditure for 10 the purposes designated until the close of the fiscal year that 11 ends three years after the end of the fiscal year for which the 12 appropriation is made. However, if the project or projects for 13 which such appropriation was made are completed in an earlier 14 fiscal year, unencumbered or unobligated moneys shall revert at 15 the close of that same fiscal year. 16 DIVISION XLVIII 17 INFRASTRUCTURE AND CAPITALS 18 REVENUE BONDS CAPITALS 19 FUND —— APPROPRIATIONS 20 Sec. 422. There is appropriated from the revenue bonds 21 capitals fund created in section 12.88, to the following 22 departments for the fiscal year beginning July 1, 2011, and 23 ending June 30, 2012, the following amount, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 a. DEPARTMENT OF CORRECTIONS 26 For the construction project and one-time equipment costs at 27 the Iowa correctional facility for women at Mitchellville: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,430,952 29 b. DEPARTMENT OF ADMINISTRATIVE SERVICES 30 For projects related to major repairs and major maintenance 31 for state buildings and facilities: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 33 For purposes of section 8.33, unless specifically provided 34 otherwise, unencumbered or unobligated moneys made from an 35 -384- LSB 2811HV (1) 84 tm/jp 384/ 518
H.F. 697 appropriation in this section shall not revert but shall remain 1 available for expenditure for the purposes designated until the 2 close of the fiscal year that ends three years after the end of 3 the fiscal year for which the appropriation was made. However, 4 if the project or projects for which such appropriation was 5 made are completed in an earlier fiscal year, unencumbered 6 or unobligated moneys shall revert at the close of that same 7 fiscal year. 8 DIVISION XLIX 9 INFRASTRUCTURE AND CAPITALS 10 REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS 11 Sec. 423. There is appropriated from the revenue bonds 12 capitals II fund created in section 12.88A, to the department 13 of administrative services for the fiscal year beginning July 14 1, 2011, and ending June 30, 2012, the following amount, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 For projects related to major repairs and major maintenance 18 for state buildings and facilities: 19 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,040,000 20 For purposes of section 8.33, unless specifically provided 21 otherwise, unencumbered or unobligated moneys made from an 22 appropriation in this section shall not revert but shall remain 23 available for expenditures for the purposes designated until 24 the close of the fiscal year that ends three years after 25 the end of the fiscal year for which the appropriation was 26 made. However, if the project or projects for which such 27 appropriation was made are completed in an earlier fiscal year, 28 unencumbered or unobligated moneys shall revert at the close of 29 that same fiscal year. 30 DIVISION L 31 INFRASTRUCTURE AND CAPITALS 32 GENERAL FUND —— APPROPRIATION 33 Sec. 424. There is appropriated from the general fund of the 34 state to the department of transportation for the fiscal year 35 -385- LSB 2811HV (1) 84 tm/jp 385/ 518
H.F. 697 beginning July 1, 2012, and ending June 30, 2013, the following 1 amount, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 For deposit into the railroad revolving loan and grant fund 4 created in section 327H.20A: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 DIVISION LI 7 PUBLIC BIDDING AND CONTRACTING 8 Sec. 425. NEW SECTION . 72.6 Public works —— contractor 9 qualifications. 10 1. Definitions. As used in this section, unless the context 11 otherwise provides: 12 a. “Public owner” means a public body including the state 13 or a political subdivision of the state, an officer, official, 14 agency, authority, board, or commission of the state or of a 15 political subdivision of the state, or an institution supported 16 in whole or in part by public funds. 17 b. “Public road project” means a project under the control 18 of a public owner for the construction, maintenance, or repair 19 of a road or street that is funded, in whole or in part, by 20 moneys from the road use tax fund. 21 c. “Public works” means a building or other construction 22 project which is constructed under the control of a public 23 owner and is paid for in whole or in part with funds of a public 24 owner, including funds directed to the public owner from any 25 federal government source, including grants. “Public works” 26 does not include any work done by or on behalf of a drainage 27 or levee district or any work financed by federal funds where 28 federal procurement policy applicable to the use of the federal 29 funds is inconsistent with the requirements of this section. 30 d. “Public works project” means the construction, 31 maintenance, or repair of public works. “Public works project” 32 does not mean a public road project. 33 2. Prohibited criteria. In determining which bidder is the 34 lowest responsible bidder for purposes of awarding a contract 35 -386- LSB 2811HV (1) 84 tm/jp 386/ 518
H.F. 697 to perform a public works project or public road project, a 1 public owner shall not do any of the following: 2 a. Select a bidder based in whole or in part on a 3 consideration of whether the bidder’s employees belong to or 4 are represented by a labor union or labor organization. 5 b. Require that the bidder selected enter into an agreement 6 that directly or indirectly requires the bidder to recruit, 7 train, or hire employees from a particular source to perform 8 work on the public works project or public road project. 9 c. Require the bidder or the bidder’s subcontractors 10 or their agents to enter into any agreement or arrangement 11 relating to the public works project or public road project 12 which imposes requirements, controls, or limitations on 13 staffing; sources of employee referrals; assignment of work; 14 sources of insurance and benefits including health, life, and 15 disability insurance and retirement pensions; training; or 16 wages. This paragraph does not apply to requirements imposed 17 by federal law. 18 3. Bidding documents. Criteria described in this section 19 that cannot be considered by a public owner in determining 20 who is the lowest responsible bidder shall be included in any 21 document requesting or inviting bids on public works projects 22 or public road projects subject to this section. 23 Sec. 426. Section 73A.21, Code 2011, is amended to read as 24 follows: 25 73A.21 Reciprocal resident bidder and resident labor force 26 preference by state, its agencies, and political subdivisions —— 27 penalties . 28 1. For purposes of this section : 29 a. “Commissioner” means the labor commissioner appointed 30 pursuant to section 91.2, or the labor commissioner’s designee. 31 b. “Division” means the division of labor of the department 32 of workforce development. 33 c. “Nonresident bidder” means a person or entity who does 34 not meet the definition of a resident bidder. 35 -387- LSB 2811HV (1) 84 tm/jp 387/ 518
H.F. 697 d. “Public body” means the state and any of its political 1 subdivisions, including a school district, public utility, or 2 the state board of regents. 3 a. e. “Public improvement” means public improvements as 4 defined in section 73A.1 a building or other construction work 5 to be paid for in whole or in part by the use of funds of the 6 state, its agencies, and any of its political subdivisions and 7 includes road construction, reconstruction, and maintenance 8 projects. 9 f. “Public utility” includes municipally owned utilities and 10 municipally owned waterworks. 11 b. g. “Resident bidder” means a person or entity authorized 12 to transact business in this state and having a place of 13 business for transacting business within the state at which 14 it is conducting and has conducted business for at least six 15 months three years prior to the date of the first advertisement 16 for the public improvement and in the case of a corporation, 17 having at least fifty percent of its common stock owned by 18 residents of this state . If another state or foreign country 19 has a more stringent definition of a resident bidder, the more 20 stringent definition is applicable as to bidders from that 21 state or foreign country. 22 h. “Resident labor force preference” means a requirement in 23 which all or a portion of a labor force working on a public 24 improvement is a resident of a particular state or country. 25 2. Notwithstanding this chapter , chapter 73 , chapter 309 , 26 chapter 310 , chapter 331 , or chapter 384 , when a contract for a 27 public improvement is to be awarded to the lowest responsible 28 bidder, a resident bidder shall be allowed a preference as 29 against a nonresident bidder from a state or foreign country 30 which if that state or foreign country gives or requires a 31 any preference to bidders from that state or foreign country , 32 including but not limited to any preference to bidders, the 33 imposition of any type of labor force preference, or any other 34 form of preferential treatment to bidders or laborers from that 35 -388- LSB 2811HV (1) 84 tm/jp 388/ 518
H.F. 697 state or foreign country . The preference is allowed shall 1 be equal to the preference given or required by the state or 2 foreign country in which the nonresident bidder is a resident. 3 In the instance of a resident labor force preference, a 4 nonresident bidder shall apply the same resident labor force 5 preference to a public improvement in this state as would be 6 required in the construction of a public improvement by the 7 state or foreign country in which the nonresident bidder is a 8 resident. 9 3. This section applies to the state, its agencies, and any 10 political subdivisions of the state. 11 4. 3. If it is determined that this may cause denial of 12 federal funds which would otherwise be available, or would 13 otherwise be inconsistent with requirements of any federal law 14 or regulation , this section shall be suspended, but only to the 15 extent necessary to prevent denial of the funds or to eliminate 16 the inconsistency with federal requirements. 17 4. The public body involved in a public improvement shall 18 require a nonresident bidder to specify on all project bid 19 specifications and contract documents whether any preference 20 as described in subsection 2 is in effect in the nonresident 21 bidder’s state or country of domicile at the time of a bid 22 submittal. 23 5. The commissioner and the division shall administer and 24 enforce this section, and the commissioner shall adopt rules 25 for the administration and enforcement of this section as 26 provided in section 91.6. 27 6. The commissioner shall have the following powers and 28 duties for the purposes of this section: 29 a. The commissioner may hold hearings and investigate 30 charges of violations of this section. 31 b. The commissioner may, consistent with due process of law, 32 enter any place of employment to inspect records concerning 33 labor force residency, to question an employer or employee, and 34 to investigate such facts, conditions, or matters as are deemed 35 -389- LSB 2811HV (1) 84 tm/jp 389/ 518
H.F. 697 appropriate in determining whether any person has violated the 1 provisions of this section. The commissioner shall only make 2 such an entry in response to a written complaint. 3 c. The commissioner shall develop a written complaint form 4 applicable to this section and make it available in division 5 offices and on the department of workforce development’s 6 internet site. 7 d. The commissioner may sue for injunctive relief against 8 the awarding of a contract, the undertaking of a public 9 improvement, or the continuation of a public improvement in 10 response to a violation of this section. 11 e. The commissioner may investigate and ascertain the 12 residency of a worker engaged in any public improvement in this 13 state. 14 f. The commissioner may administer oaths, take or cause to 15 be taken deposition of witnesses, and require by subpoena the 16 attendance and testimony of witnesses and the production of all 17 books, registers, payrolls, and other evidence relevant to a 18 matter under investigation or hearing. 19 g. The commissioner may employ qualified personnel as are 20 necessary for the enforcement of this section. Such personnel 21 shall be employed pursuant to the merit system provisions of 22 chapter 8A, subchapter IV. 23 h. The commissioner shall require a contractor or 24 subcontractor to file, within ten days of receipt of a request, 25 any records enumerated in subsection 7. If the contractor or 26 subcontractor fails to provide the requested records within ten 27 days, the commissioner may direct, within fifteen days after 28 the end of the ten-day period, that the fiscal or financial 29 office charged with the custody and disbursement of funds of 30 the public body that contracted for construction of the public 31 improvement or undertook the public improvement, to immediately 32 withhold from payment to the contractor or subcontractor 33 up to twenty-five percent of the amount to be paid to the 34 contractor or subcontractor under the terms of the contract 35 -390- LSB 2811HV (1) 84 tm/jp 390/ 518
H.F. 697 or written instrument under which the public improvement is 1 being performed. The amount withheld shall be immediately 2 released upon receipt by the public body of a notice from 3 the commissioner indicating that the request for records as 4 required by this section has been satisfied. 5 7. While participating in a public improvement, a 6 nonresident bidder domiciled in a state or country that 7 has established a resident labor force preference shall 8 make and keep, for a period of not less than three years, 9 accurate records of all workers employed by the contractor or 10 subcontractor on the public improvement. The records shall 11 include each worker’s name, address, telephone number when 12 available, social security number, trade classification, and 13 the starting and ending time of employment. 14 8. Any person or entity that violates the provisions of 15 this section is subject to a civil penalty in an amount not to 16 exceed one thousand dollars for each violation found in a first 17 investigation by the division, not to exceed five thousand 18 dollars for each violation found in a second investigation 19 by the division, and not to exceed fifteen thousand dollars 20 for a third or subsequent violation found in any subsequent 21 investigation by the division. Each violation of this section 22 for each worker and for each day the violation continues 23 constitutes a separate and distinct violation. In determining 24 the amount of the penalty, the division shall consider the 25 appropriateness of the penalty to the person or entity charged, 26 upon determination of the gravity of the violations. The 27 collection of these penalties shall be enforced in a civil 28 action brought by the attorney general on behalf of the 29 division. 30 9. A party seeking review of the division’s determination 31 pursuant to this section may file a written request for an 32 informal conference. The request must be received by the 33 division within fifteen days after the date of issuance of 34 the division’s determination. During the conference, the 35 -391- LSB 2811HV (1) 84 tm/jp 391/ 518
H.F. 697 party seeking review may present written or oral information 1 and arguments as to why the division’s determination should 2 be amended or vacated. The division shall consider the 3 information and arguments presented and issue a written 4 decision advising all parties of the outcome of the conference. 5 Sec. 427. Section 331.341, subsection 2, Code 2011, is 6 amended to read as follows: 7 2. The board shall give preference to Iowa products and 8 labor in accordance with chapter 73 and shall comply with bid 9 and contract requirements in chapter 26 . 10 Sec. 428. REPEAL. Sections 73.3 and 73.4, Code 2011, are 11 repealed. 12 Sec. 429. EFFECTIVE UPON ENACTMENT. This division of this 13 Act, being deemed of immediate importance, takes effect upon 14 enactment. 15 Sec. 430. APPLICABILITY. This division of this Act applies 16 to all public improvement, public works, and public road 17 projects, and to public improvement, public works, and public 18 road contracts entered into on or after July 1, 2011. 19 DIVISION LII 20 BUSINESS DEVELOPMENT ASSISTANCE —— APPROPRIATION 21 Sec. 431. BUSINESS DEVELOPMENT ASSISTANCE —— USE OF 22 EXISTING FUNDS. 23 1. a. There is appropriated from the rebuild Iowa 24 infrastructure fund to the department of economic development 25 for the fiscal year beginning July 1, 2011, and ending June 30, 26 2012, the following amount, or so much thereof as is necessary, 27 to be used for the purposes designated: 28 For marketing and promotional activities; for information 29 technology development; for laborshed studies conducted for 30 the department by the department of workforce development; 31 for administrative purposes, including salaries, support, 32 maintenance, and miscellaneous purposes; and for providing 33 financial assistance to businesses expanding or locating in the 34 state, notwithstanding section 8.57, subsection 6, paragraph 35 -392- LSB 2811HV (1) 84 tm/jp 392/ 518
H.F. 697 “c”: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 2 b. Of the moneys appropriated pursuant to paragraph “a” 3 for purposes of marketing and promotional activities, the 4 department shall not use more than $2,300,000. 5 c. Of the moneys appropriated pursuant to paragraph “a” for 6 purposes of information technology development, the department 7 shall not use more than $350,000. 8 d. Of the moneys appropriated pursuant to paragraph “a” for 9 purposes of laborshed studies conducted by the department of 10 workforce development, the department shall not use more than 11 $145,000. 12 e. Of the moneys appropriated pursuant to paragraph “a” for 13 administrative purposes, the department shall not use more than 14 5 percent. 15 f. (1) The department may use the remainder of the moneys 16 appropriated pursuant to paragraph “a” that are not expended 17 for the purposes described in paragraphs “b” through “e” 18 to provide financial assistance to businesses expanding or 19 locating in the state. 20 (2) An award of financial assistance pursuant to this 21 paragraph “f” shall be approved by the economic development 22 board which shall review with due diligence the merits of each 23 application for assistance. 24 (3) For each award of financial assistance made pursuant 25 to this paragraph “f”, the department shall enter into an 26 agreement with the recipient of the financial assistance, 27 and each agreement shall meet the requirements for financial 28 assistance agreements described in section 15G.112, subsections 29 1 through 3, Code 2011. 30 (4) In providing financial assistance pursuant to this 31 paragraph “f”, the department shall allocate the available 32 moneys to a diverse range of projects that create or retain 33 jobs including projects that pay better than average wages, 34 projects that represent early-stage business development, 35 -393- LSB 2811HV (1) 84 tm/jp 393/ 518
H.F. 697 projects that build the physical infrastructure necessary for 1 business growth and expansion, projects that enhance the growth 2 of value-added agriculture in the state, and projects that 3 involve recovery from significant natural disasters. 4 (5) The department shall adopt rules for the implementation 5 of this paragraph “f”. Such rules may be adopted as emergency 6 rules under section 17A.4, subsection 3, and section 17A.5, 7 subsection 2, paragraph “b”. Such rules shall be effective 8 immediately upon filing unless a later date is specified in the 9 rules. Any rules adopted in accordance with this section shall 10 also be published as a notice of intended action as provided 11 in section 17A.4. 12 (6) For purposes of this paragraph “f”, “financial 13 assistance” means assistance provided only from the funds, 14 rights, and assets legally available to the department pursuant 15 to this chapter and includes but is not limited to assistance 16 in the form of grants, loans, forgivable loans, and royalty 17 payments. 18 2. There is appropriated to the department of economic 19 development for the fiscal year beginning July 1, 2011, and 20 ending June 30, 2012, the following amounts, or so much thereof 21 as is necessary, to be used for the purposes described in 22 subsection 1: 23 a. Payments of interest, repayments of moneys loaned, and 24 recaptures of grants and loans made pursuant to chapter 15G, 25 Code 2011. 26 b. All moneys accruing to the department, including 27 payments of interest, repayments of moneys loaned, royalty 28 payments received, and recaptures of grants, loans, or other 29 forms of financial assistance provided to recipients, from 30 the department’s administration of the following preexisting 31 programs: 32 (1) The community economic betterment program established 33 pursuant to section 15.317, Code 2009. 34 (2) The entrepreneurial ventures assistance program 35 -394- LSB 2811HV (1) 84 tm/jp 394/ 518
H.F. 697 established pursuant to section 15.339, Code 2009. 1 (3) The value-added agricultural products and processes 2 financial assistance program established pursuant to section 3 15E.111, Code 2009. 4 (4) The physical infrastructure assistance program 5 established pursuant to section 15E.175, Code 2009. 6 (5) The loan and credit guarantee program established 7 pursuant to section 15E.224, Code 2009. 8 c. The moneys transferred to the grow Iowa values fund 9 pursuant to 2009 Iowa Acts, chapter 123, section 9, subsections 10 1 and 2. 11 3. The moneys appropriated pursuant to this section are 12 not subject to section 8.33. Notwithstanding section 12C.7, 13 interest or earnings on the appropriated moneys shall be 14 credited to the department and may be used in subsequent fiscal 15 years for the purposes described in subsection 1. 16 DIVISION LIII 17 INFRASTRUCTURE AND CAPITALS 18 MISCELLANEOUS CODE CHANGES 19 Sec. 432. Section 8.57, subsection 6, paragraph c, Code 20 2011, is amended to read as follows: 21 c. Moneys in the fund in a fiscal year shall be used 22 as directed by the general assembly for public vertical 23 infrastructure projects. For the purposes of this subsection , 24 “vertical infrastructure” includes only land acquisition and 25 construction , ; major renovation and major repair of buildings , ; 26 all appurtenant structures , ; utilities , ; site development , and ; 27 recreational trails ; and debt service payments on academic 28 revenue bonds issued in accordance with chapter 262A for 29 capital projects at board of regents institutions . “Vertical 30 infrastructure” does not include routine, recurring maintenance 31 or operational expenses or leasing of a building, appurtenant 32 structure, or utility without a lease-purchase agreement. 33 Sec. 433. Section 8.57, subsection 6, paragraph f, Code 34 2011, is amended to read as follows: 35 -395- LSB 2811HV (1) 84 tm/jp 395/ 518
H.F. 697 f. There is appropriated from the rebuild Iowa 1 infrastructure fund to the secure an advanced vision for 2 education fund created in section 423F.2 , for each fiscal 3 year of the fiscal period beginning July 1, 2008, and ending 4 June 30, 2010, and for each fiscal year of the fiscal period 5 beginning July 1, 2011, and ending June 30, 2014, the amount of 6 the moneys in excess of the first forty-seven million dollars 7 credited to the rebuild Iowa infrastructure fund during the 8 fiscal year, not to exceed ten million dollars. 9 Sec. 434. Section 8.57A, subsection 4, Code 2011, is amended 10 to read as follows: 11 4. a. There is appropriated from the rebuild Iowa 12 infrastructure fund for the fiscal years year beginning July 1, 13 2008, July 1, 2009, and July 1, 2011 2012 , and for each fiscal 14 year thereafter, the sum of forty-two thirty-five million 15 dollars to the environment first fund, notwithstanding section 16 8.57, subsection 6 , paragraph “c” . 17 b. There is appropriated from the rebuild Iowa 18 infrastructure fund each fiscal year for the fiscal year period 19 beginning July 1, 2010, and ending June 30, 2011 2012 , the sum 20 of thirty-three million dollars to the environment first fund, 21 notwithstanding section 8.57, subsection 6 , paragraph “c” . 22 Sec. 435. Section 8.57C, subsection 3, paragraphs a and c, 23 Code 2011, are amended to read as follows: 24 a. There is appropriated from the general fund of the state 25 for the fiscal years year beginning July 1, 2006, July 1, 26 2007, July 1, 2011 2012 , and for each subsequent fiscal year 27 thereafter, the sum of seventeen million five hundred thousand 28 dollars to the technology reinvestment fund. 29 c. There is appropriated from the rebuild Iowa 30 infrastructure fund for the fiscal year beginning July 1, 2010, 31 and ending June 30, 2011, the sum of ten million dollars to the 32 technology reinvestment fund, notwithstanding section 8.57, 33 subsection 6 , paragraph “c” . 34 Sec. 436. Section 8.57C, subsection 3, Code 2011, is amended 35 -396- LSB 2811HV (1) 84 tm/jp 396/ 518
H.F. 697 by adding the following new paragraph: 1 NEW PARAGRAPH . d. There is appropriated from the rebuild 2 Iowa infrastructure fund for the fiscal year beginning July 3 1, 2011, and ending June 30, 2012, the sum of sixteen million 4 dollars to the technology reinvestment fund, notwithstanding 5 section 8.57, subsection 6, paragraph “c” . 6 Sec. 437. Section 8A.321, subsection 6, Code 2011, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. The department shall issue a request 9 for proposals for leasing privately owned office space for 10 state employees in the downtown area of the city of Des Moines 11 prior to replacing or renovating publicly owned buildings or 12 relocating any state agencies to any space in publicly owned 13 buildings. The department shall locate state employees in 14 office space in the most cost-efficient manner possible. In 15 determining cost efficiency, the department shall consider all 16 costs of the publicly owned space, the costs of the original 17 acquisition of the publicly owned space, the costs of tenant 18 improvements to the publicly owned space, and the anticipated 19 economic and useful life of the publicly owned building space. 20 Sec. 438. Section 12.82, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. A school infrastructure fund is created and established 23 as a separate and distinct fund in the state treasury under the 24 control of the department of education. The Notwithstanding 25 any other provision of this chapter, the fund shall be used for 26 purposes of the school infrastructure program established in 27 section 292.2 . 28 Sec. 439. Section 12.82, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3A. Any amounts remaining in the school 31 infrastructure fund at the end of the fiscal year beginning 32 July 1, 2010, and for each fiscal year thereafter, which are 33 determined by the treasurer of state to be unencumbered and 34 unobligated and otherwise unnecessary to make the payments for 35 -397- LSB 2811HV (1) 84 tm/jp 397/ 518
H.F. 697 such fiscal year, shall be transferred to the rebuild Iowa 1 infrastructure fund. 2 Sec. 440. Section 15F.204, subsection 8, paragraph a, 3 subparagraph (6), Code 2011, is amended to read as follows: 4 (6) For the fiscal year beginning July 1, 2011, and ending 5 June 30, 2012, the sum of five million one hundred thousand 6 dollars. 7 Sec. 441. Section 15F.204, subsection 8, paragraph b, Code 8 2011, is amended by striking the paragraph. 9 Sec. 442. Section 16.181A, subsection 1, Code 2011, is 10 amended to read as follows: 11 1. There is appropriated from the rebuild Iowa 12 infrastructure fund to the Iowa finance authority for deposit 13 in the housing trust fund created in section 16.181 , for the 14 fiscal year beginning July 1, 2009, and beginning July 1, 2011 15 2012 , and for each succeeding fiscal year, the sum of three 16 million dollars. 17 Sec. 443. Section 16.181A, Code 2011, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 3. There is appropriated from the rebuild 20 Iowa infrastructure fund to the Iowa finance authority for 21 deposit in the housing trust fund created in section 16.181, 22 for the fiscal year beginning July 1, 2011, and ending June 30, 23 2012, the sum of two million dollars. 24 Sec. 444. Section 16.193, subsection 2, Code 2011, is 25 amended to read as follows: 26 2. During the term of the Iowa jobs program established 27 in section 16.194 and the Iowa jobs II program established 28 in section 16.194A For the period beginning July 1, 2009, 29 and ending June 30, 2011 , two hundred thousand dollars of 30 the moneys deposited in the rebuild Iowa infrastructure 31 fund shall be allocated each fiscal year to the Iowa finance 32 authority for purposes of administering the Iowa jobs program, 33 notwithstanding section 8.57, subsection 6 , paragraph “c” . 34 Sec. 445. EFFECTIVE AND APPLICABILITY DATES. The sections 35 -398- LSB 2811HV (1) 84 tm/jp 398/ 518
H.F. 697 of this division amending section 12.82, being deemed of 1 immediate importance, take effect upon enactment and, if 2 approved by the governor on or after July 1, 2011, shall apply 3 retroactively to June 30, 2011. 4 DIVISION LIV 5 INFRASTRUCTURE AND CAPITALS 6 CHANGES TO PRIOR APPROPRIATIONS 7 Sec. 446. 2006 Iowa Acts, chapter 1179, section 18, is 8 amended by adding the following new subsection: 9 NEW SUBSECTION . 5. Except for the allocation to Des Moines 10 area community college and notwithstanding section 8.33, moneys 11 appropriated from the endowment for Iowa’s health restricted 12 capitals fund for the fiscal year beginning July 1, 2006, and 13 ending June 30, 2007, in this division of this Act to the 14 department of public safety for allocation to the division of 15 fire protection that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until 18 the close of the fiscal year beginning July 1, 2011, or until 19 the project for which the appropriation was made is completed, 20 whichever is earlier. This subsection shall apply in lieu of 21 subsection 1 of this section. 22 Sec. 447. 2007 Iowa Acts, chapter 219, section 2, is amended 23 to read as follows: 24 SEC. 2. REVERSION. 25 1. Notwithstanding Except as provided in subsection 2 and 26 notwithstanding section 8.33, moneys appropriated for the 27 fiscal year beginning July 1, 2007, in this division of this 28 Act that remain unencumbered or unobligated at the close of 29 the fiscal year shall not revert but shall remain available 30 for the purposes designated until the close of the fiscal year 31 that begins July 1, 2010, or until the project for which the 32 appropriation was made is completed, whichever is earlier. 33 2. a. Notwithstanding section 8.33, moneys appropriated 34 in section 1, subsection 1, paragraphs “a” and “f” of this 35 -399- LSB 2811HV (1) 84 tm/jp 399/ 518
H.F. 697 division of this Act that remain unencumbered or unobligated at 1 the close of the fiscal year for which they were appropriated 2 shall not revert but shall remain available for the purposes 3 designated until the close of the fiscal year that begins July 4 1, 2011, or until the project for which the appropriation was 5 made is completed, whichever is earlier. 6 b. The department of administrative services is authorized 7 to provide for the disposition and relocation of structures 8 located at 707 east locust and 709 east locust, Des Moines, 9 Iowa, in a manner as deemed appropriate by the department. 10 The disposition of the structures, if possible, shall be 11 completed in a manner that reduces or eliminates the costs 12 of the state associated with the removal of the structures 13 from their current locations. Any amount received from the 14 disposition of the structures as permitted under this section 15 shall be retained by the department to pay for improvement 16 costs associated with the restoration of the west capitol 17 terrace. The department, if unable to otherwise dispose of 18 the structures, is authorized to demolish the structures using 19 other appropriate funding available to the department. 20 Sec. 448. 2008 Iowa Acts, chapter 1179, section 1, 21 subsection 13, paragraph c, as amended by 2009 Iowa Acts, 22 chapter 184, section 22, is amended to read as follows: 23 c. For the construction of a depot and platform to 24 accommodate the future Amtrak service from Dubuque to Chicago, 25 notwithstanding section 8.57, subsection 6, paragraph “c”: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 27 60,000 28 Sec. 449. 2008 Iowa Acts, chapter 1179, section 7, as 29 amended by 2009 Iowa Acts, chapter 173, section 21, and 2010 30 Iowa Acts, chapter 1184, section 58, is amended to read as 31 follows: 32 SEC. 7. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 33 appropriated from the rebuild Iowa infrastructure fund to 34 the department of economic development for the designated 35 -400- LSB 2811HV (1) 84 tm/jp 400/ 518
H.F. 697 fiscal years the following amounts, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 For deposit into the river enhancement community attraction 3 and tourism fund created in 2008 Iowa Acts, Senate File 2430, 4 if enacted: 5 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 6 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 7 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 8 0 9 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 10 0 11 Notwithstanding section 8.33 , moneys appropriated in this 12 section for the fiscal year beginning July 1, 2011, and ending 13 June 30, 2012, shall not revert at the close of the fiscal year 14 for which they are appropriated but shall remain available 15 for the purpose designated until the close of the fiscal year 16 that begins July 1, 2014, or until the project for which the 17 appropriation was made is completed, whichever is earlier. 18 Notwithstanding section 8.33 , moneys appropriated in this 19 section for the fiscal year beginning July 1, 2012, and ending 20 June 30, 2013, shall not revert at the close of the fiscal year 21 for which they are appropriated but shall remain available 22 for the purpose designated until the close of the fiscal year 23 that begins July 1, 2015, or until the project for which the 24 appropriation was made is completed, whichever is earlier. 25 Sec. 450. 2008 Iowa Acts, chapter 1179, section 18, as 26 amended by 2009 Iowa Acts, chapter 173, section 24, subsection 27 4, paragraph b, unnumbered paragraph 1, is amended to read as 28 follows: 29 For deposit into the river enhancement community attraction 30 and tourism fund created in section 15F.205: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 32 9,200,000 33 Sec. 451. 2009 Iowa Acts, chapter 184, section 1, subsection 34 12, paragraph a, as amended by 2010 Iowa Acts, chapter 1184, 35 -401- LSB 2811HV (1) 84 tm/jp 401/ 518
H.F. 697 section 71, is amended to read as follows: 1 a. For deposit in the passenger rail service revolving 2 fund created in section 327J.2, notwithstanding section 8.57, 3 subsection 6, paragraph “c”: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 5 500,000 6 Sec. 452. 2010 Iowa Acts, chapter 1184, section 2, 7 subsection 3, is amended to read as follows: 8 3. DEPARTMENT OF TRANSPORTATION 9 For deposit into the passenger rail service revolving 10 fund created in section 327J.2 for matching federal funding 11 available through the federal Passenger Rail Investment 12 and Improvement Act of 2008 for passenger rail service, 13 notwithstanding section 8.57, subsection 6 , paragraph “c”: 14 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 15 0 16 It is the intent of the general assembly to fund up to 17 $20 million over a four-year period to fully fund the state 18 commitment for matching federal funding available through the 19 federal Passenger Rail Investment and Improvement Act of 2008 . 20 Sec. 453. 2010 Iowa Acts, chapter 1184, section 10, 21 subsection 2, paragraph b, is amended to read as follows: 22 b. For deposit into the river enhancement community 23 attraction and tourism fund created in section 15F.205 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 25 0 26 Sec. 454. 2010 Iowa Acts, chapter 1184, section 10, 27 subsection 2, paragraph b, unnumbered paragraph 2, is amended 28 to read as follows: 29 Moneys appropriated for grants awarded in paragraphs 30 paragraph “a” and “b” shall be used to assist communities in 31 the development and creation of multiple purpose attractions or 32 community service facilities for public use. 33 Sec. 455. 2010 Iowa Acts, chapter 1184, section 10, 34 subsection 8, is amended to read as follows: 35 -402- LSB 2811HV (1) 84 tm/jp 402/ 518
H.F. 697 8. TREASURER OF STATE 1 For transfer to the watershed improvement review board 2 created in section 466A.3 for grants associated with the 3 construction and restoration of wetland easements and flood 4 prevention watershed improvement projects: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 Notwithstanding section 466A.5 , moneys from the 7 appropriation in this subsection shall not be used for 8 administrative purposes. 9 Sec. 456. 2010 Iowa Acts, chapter 1184, section 14, is 10 amended to read as follows: 11 SEC. 14. There is appropriated from the FY 2009 prison 12 bonding fund created pursuant to section 12.79 rebuild Iowa 13 infrastructure fund to the department of corrections for the 14 fiscal year beginning July 1, 2010, and ending June 30, 2011, 15 the following amount, or so much thereof as is necessary, to be 16 used for the purpose designated , notwithstanding section 8.57, 17 subsection 6, paragraph “c” : 18 For costs associated with the building of a new Iowa State 19 penitentiary at Fort Madison project management costs at Fort 20 Madison and Mitchellville prisons, associated with construction 21 projects at the department : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,500 23 The appropriation made in this section constitutes approval 24 by the general assembly for the issuance of bonds by the 25 treasurer of state pursuant to section 12.80 . 26 Sec. 457. 2010 Iowa Acts, chapter 1184, section 16, is 27 amended to read as follows: 28 SEC. 16. There is appropriated from the Iowa comprehensive 29 petroleum underground storage tank fund to the department of 30 transportation for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, the following amount, or so much thereof 32 as is necessary, to be used for the purposes designated: 33 Notwithstanding section 455G.3, subsection 1, for deposit in 34 the passenger rail service revolving fund created in section 35 -403- LSB 2811HV (1) 84 tm/jp 403/ 518
H.F. 697 327J.2: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 2 500,000 3 Such funds shall be coupled with the remaining unobligated 4 balance of up to one million five hundred thousand dollars from 5 the appropriation made in 2009 Iowa Acts, chapter 184, section 6 1, subsection 12, paragraph “a”, for a total commitment of 7 three million five hundred thousand dollars for the fiscal year 8 beginning July 1, 2010, and ending June 30, 2011, for matching 9 federal funding available through the Passenger Rail Investment 10 and Improvement Act of 2008. 11 Sec. 458. 2010 Iowa Acts, chapter 1184, section 37, is 12 amended to read as follows: 13 SEC. 37. SITE DEVELOPMENT CONSULTATIONS 14 APPROPRIATION. There is appropriated from the school 15 infrastructure fund created in section 12.82 to the department 16 of economic development for the fiscal year beginning July 17 1, 2010, and ending June 30, 2011, the following amount, or 18 so much thereof as is necessary, to be used for the purposes 19 designated: 20 For providing site development consultations pursuant to 21 section 15E.18 , including salaries, support, maintenance, 22 miscellaneous purposes, and for not more than the following 23 full-time equivalent positions , notwithstanding section 12.82, 24 subsection 1 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,000 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 27 Of the moneys appropriated to the department pursuant to 28 this section, the department may allocate up to $75,000 for 29 purposes of contracting with third parties to provide site 30 development consultations. 31 Sec. 459. 2010 Iowa Acts, chapter 1184, section 39, is 32 amended to read as follows: 33 SEC. 39. BUSINESS ASSISTANCE INTERNET SITE APPROPRIATION. 34 There is appropriated from the school infrastructure fund 35 -404- LSB 2811HV (1) 84 tm/jp 404/ 518
H.F. 697 created in section 12.82 to the department of economic 1 development for the fiscal year beginning July 1, 2010, and 2 ending June 30, 2011, the following amount, or so much thereof 3 as is necessary, to be used for the purposes designated: 4 For purposes of creating a business assistance internet 5 site , notwithstanding section 12.82, subsection 1 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 7 Sec. 460. 2010 Iowa Acts, chapter 1184, section 43, is 8 amended to read as follows: 9 SEC. 43. SAVE OUR SMALL BUSINESSES FUND 10 APPROPRIATION. There is appropriated from the school 11 infrastructure fund created in section 12.82 to the department 12 of economic development for deposit in the save our small 13 businesses fund for the fiscal year beginning July 1, 2010, and 14 ending June 30, 2011, the following amount, or so much thereof 15 as is necessary, to be used for the purposes designated , 16 notwithstanding section 12.82, subsection 1 : 17 For purposes of providing financial assistance under the 18 save our small businesses program under section 15.301 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 20 Of the moneys appropriated pursuant to this section, the 21 department may allocate an amount not to exceed two percent of 22 the moneys appropriated for purposes of retaining the services 23 of an organization designated pursuant to section 15.301, 24 subsection 2 , paragraph “b”. 25 Sec. 461. 2010 Iowa Acts, chapter 1193, section 6, is 26 amended to read as follows: 27 SEC. 6. INSTRUCTIONAL SUPPORT STATE AID —— 28 APPROPRIATION. In lieu of the appropriation provided 29 in section 257.20 , there is appropriated from the school 30 infrastructure fund created in section 12.82, subsection 1 , 31 to the department of education for the fiscal year beginning 32 July 1, 2010, and ending June 30, 2011, the following amount, 33 or so much thereof as is necessary, to be used for the purposes 34 designated: 35 -405- LSB 2811HV (1) 84 tm/jp 405/ 518
H.F. 697 For paying instructional support state aid for fiscal year 1 2010-2011 , notwithstanding section 12.82, subsection 1 : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,500,000 3 Notwithstanding section 257.20, subsection 3 , the 4 appropriation made in this lettered paragraph shall be 5 allocated in the same manner as the allocation of the 6 appropriation was made for the same purpose in the previous 7 fiscal year. 8 Sec. 462. 2011 Iowa Acts, House File 45, section 2, 9 subsection 2, is amended by adding the following new paragraph: 10 NEW PARAGRAPH . c. This subsection shall not apply to any 11 appropriations for the fiscal year beginning July 1, 2010, 12 receiving a supplemental appropriation under 2011 Iowa Acts, 13 Senate File 209, or any multiyear appropriation that includes 14 the fiscal year beginning July 1, 2009, for equipment as 15 determined by the department of management. 16 Sec. 463. EFFECTIVE AND APPLICABILITY DATES. This division 17 of this Act, being deemed of immediate importance, takes 18 effect upon enactment and, unless otherwise provided, if 19 approved by the governor on or after July 1, 2011, shall apply 20 retroactively to June 30, 2011. 21 Sec. 464. RETROACTIVE APPLICABILITY. The provision of this 22 division of this Act amending 2011 Iowa Acts, House File 45, 23 section 2, subsection 2, applies retroactively to March 7, 24 2011. 25 DIVISION LV 26 BLOCK GRANTS 27 FY 2011-2012 28 Sec. 465. SUBSTANCE ABUSE APPROPRIATION. 29 1. There is appropriated from the fund created by section 30 8.41 to the department of public health for the federal fiscal 31 year beginning October 1, 2011, and ending September 30, 2012, 32 the following amount: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,571,229 34 a. Funds appropriated in this subsection are the 35 -406- LSB 2811HV (1) 84 tm/jp 406/ 518
H.F. 697 anticipated funds to be received from the federal government 1 for the designated federal fiscal year under 42 U.S.C., ch. 2 6A, subch. XVII, part B, subpart ii, which provides for the 3 prevention and treatment of substance abuse block grant. 4 The department shall expend the funds appropriated in this 5 subsection as provided in the federal law making the funds 6 available and in conformance with chapter 17A. 7 b. Of the funds appropriated in this subsection, an amount 8 not exceeding 5 percent shall be used by the department for 9 administrative expenses. 10 c. The department shall expend no less than an amount equal 11 to the amount expended for treatment services in the state 12 fiscal year beginning July 1, 2010, for pregnant women and 13 women with dependent children. 14 d. Of the funds appropriated in this subsection, an amount 15 not exceeding $24,585 shall be used for audits. 16 2. At least 20 percent of the funds remaining from the 17 appropriation made in subsection 1 shall be allocated for 18 prevention programs. 19 3. In implementing the federal prevention and treatment of 20 substance abuse block grant under 42 U.S.C., ch. 6A, subch. 21 XVII, and any other applicable provisions of the federal Public 22 Health Service Act under 42 U.S.C., ch. 6A, the department 23 shall apply the provisions of Pub. L. No. 106-310, § 3305, 24 as codified in 42 U.S.C. § 300x-65, relating to services 25 under such federal law being provided by religious and other 26 nongovernmental organizations. 27 Sec. 466. COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION. 28 1. a. There is appropriated from the fund created by 29 section 8.41 to the department of human services for the 30 federal fiscal year beginning October 1, 2011, and ending 31 September 30, 2012, the following amount: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,370,840 33 b. Funds appropriated in this subsection are the 34 anticipated funds to be received from the federal government 35 -407- LSB 2811HV (1) 84 tm/jp 407/ 518
H.F. 697 for the designated federal fiscal year under 42 U.S.C., ch. 1 6A, subch. XVII, part B, subpart i, which provides for the 2 community mental health services block grant. The department 3 shall expend the funds appropriated in this subsection as 4 provided in the federal law making the funds available and in 5 conformance with chapter 17A. 6 c. The department shall allocate not less than 95 percent 7 of the amount of the block grant to eligible community mental 8 health services providers for carrying out the plan submitted 9 to and approved by the federal substance abuse and mental 10 health services administration for the fiscal year involved. 11 d. Of the amount allocated to eligible services providers 12 under paragraph “c”, 70 percent shall be distributed to 13 the state’s accredited community mental health centers 14 established or designated by counties in accordance with law 15 or administrative rule. If a county has not established or 16 designated a community mental health center and has received 17 a waiver from the mental health and disability services 18 commission, the mental health services provider designated 19 by that county is eligible to receive funding distributed 20 pursuant to this paragraph in lieu of a community mental health 21 center. The funding distributed shall be used by recipients 22 of the funding for the purpose of developing and providing 23 evidence-based practices and emergency services to adults with 24 a serious mental illness and children with a serious emotional 25 disturbance. The distribution amounts shall be announced at 26 the beginning of the federal fiscal year and distributed on 27 a quarterly basis according to the formulas used in previous 28 fiscal years. Recipients shall submit quarterly reports 29 containing data consistent with the performance measures 30 approved by the federal substance abuse and mental health 31 services administration. 32 2. An amount not exceeding 5 percent of the funds 33 appropriated in subsection 1 shall be used by the department 34 of human services for administrative expenses. From the 35 -408- LSB 2811HV (1) 84 tm/jp 408/ 518
H.F. 697 funds set aside by this subsection for administrative 1 expenses, the department shall pay to the auditor of state 2 an amount sufficient to pay the cost of auditing the use 3 and administration of the state’s portion of the funds 4 appropriated in subsection 1. The auditor of state shall bill 5 the department for the costs of the audits. 6 Sec. 467. MATERNAL AND CHILD HEALTH SERVICES 7 APPROPRIATIONS. 8 1. There is appropriated from the fund created by section 9 8.41 to the department of public health for the federal fiscal 10 year beginning October 1, 2011, and ending September 30, 2012, 11 the following amount: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,529,540 13 a. The funds appropriated in this subsection are the funds 14 anticipated to be received from the federal government for 15 the designated federal fiscal year under 42 U.S.C., ch. 7, 16 subch. V, which provides for the maternal and child health 17 services block grant. The department shall expend the funds 18 appropriated in this subsection as provided in the federal law 19 making the funds available and in conformance with chapter 17A. 20 b. Funds appropriated in this subsection shall not be used 21 by the university of Iowa hospitals and clinics for indirect 22 costs. 23 2. An amount not exceeding 10 percent of the funds 24 appropriated in subsection 1 shall be used by the department of 25 public health for administrative expenses. 26 3. The departments of public health, human services, and 27 education and the university of Iowa’s mobile and regional 28 child health specialty clinics shall continue to pursue to the 29 maximum extent feasible the coordination and integration of 30 services to women and children. 31 4. a. Sixty-three percent of the remaining funds 32 appropriated in subsection 1 shall be allocated to supplement 33 appropriations for maternal and child health programs within 34 the department of public health. Of these funds, $300,291 35 -409- LSB 2811HV (1) 84 tm/jp 409/ 518
H.F. 697 shall be set aside for the statewide perinatal care program. 1 b. Thirty-seven percent of the remaining funds appropriated 2 in subsection 1 shall be allocated to the university of Iowa 3 hospitals and clinics under the control of the state board 4 of regents for mobile and regional child health specialty 5 clinics. The university of Iowa hospitals and clinics shall 6 not receive an allocation for indirect costs from the funds for 7 this program. Priority shall be given to establishment and 8 maintenance of a statewide system of mobile and regional child 9 health specialty clinics. 10 5. The department of public health shall administer the 11 statewide maternal and child health program and the disabled 12 children’s program by conducting mobile and regional child 13 health specialty clinics and conducting other activities to 14 improve the health of low-income women and children and to 15 promote the welfare of children with actual or potential 16 handicapping conditions and chronic illnesses in accordance 17 with the requirements of Tit. V of the federal Social Security 18 Act. 19 Sec. 468. PREVENTIVE HEALTH AND HEALTH SERVICES 20 APPROPRIATIONS. 21 1. There is appropriated from the fund created by section 22 8.41 to the department of public health for the federal fiscal 23 year beginning October 1, 2011, and ending September 30, 2012, 24 the following amount: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,102,464 26 Funds appropriated in this subsection are the funds 27 anticipated to be received from the federal government for 28 the designated federal fiscal year under 42 U.S.C., ch. 6A, 29 subch. XVII, part A, which provides for the preventive health 30 and health services block grant. The department shall expend 31 the funds appropriated in this subsection as provided in the 32 federal law making the funds available and in conformance with 33 chapter 17A. 34 2. Of the funds appropriated in subsection 1, an amount 35 -410- LSB 2811HV (1) 84 tm/jp 410/ 518
H.F. 697 not exceeding 10 percent shall be used by the department for 1 administrative expenses. 2 3. Of the funds appropriated in subsection 1, the specific 3 amount of funds stipulated by the notice of the block grant 4 award shall be allocated for services to victims of sex 5 offenses and for rape prevention education. 6 4. After deducting the funds allocated in subsections 2 and 7 3, the remaining funds appropriated in subsection 1 may be used 8 by the department for healthy people 2011/healthy Iowans 2011 9 program objectives, preventive health advisory committee, and 10 risk reduction services, including nutrition programs, health 11 incentive programs, chronic disease services, emergency medical 12 services, monitoring of the fluoridation program and start-up 13 fluoridation grants, and acquired immune deficiency syndrome 14 services. The moneys specified in this subsection shall not be 15 used by the university of Iowa hospitals and clinics or by the 16 state hygienic laboratory for the funding of indirect costs. 17 Sec. 469. STOP VIOLENCE AGAINST WOMEN GRANT PROGRAM 18 APPROPRIATION. 19 1. There is appropriated from the fund created by section 20 8.41 to the department of justice for the federal fiscal year 21 beginning October 1, 2011, and ending September 30, 2012, the 22 following amount: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,588,692 24 Funds appropriated in this subsection are the anticipated 25 funds to be received from the federal government for the 26 designated fiscal year under 42 U.S.C., ch. 46, § 3796gg-1, 27 which provides for grants to combat violent crimes against 28 women. The department of justice shall expend the funds 29 appropriated in this subsection as provided in the federal law 30 making the funds available and in conformance with chapter 17A. 31 2. An amount not exceeding 10 percent of the funds 32 appropriated in subsection 1 shall be used by the department of 33 justice for administrative expenses. From the funds set aside 34 by this subsection for administrative expenses, the department 35 -411- LSB 2811HV (1) 84 tm/jp 411/ 518
H.F. 697 shall pay to the auditor of state an amount sufficient to pay 1 the cost of auditing the use and administration of the state’s 2 portion of the funds appropriated in subsection 1. 3 Sec. 470. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 4 PRISONERS FORMULA GRANT PROGRAM. There is appropriated from 5 the fund created by section 8.41 to the governor’s office of 6 drug control policy for the federal fiscal year beginning 7 October 1, 2011, and ending September 30, 2012, the following 8 amount: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 246,826 10 Funds appropriated in this section are the funds anticipated 11 to be received from the federal government for the designated 12 fiscal year under 42 U.S.C., ch. 46, subch. XII-G, which 13 provides grants for substance abuse treatment programs in state 14 and local correctional facilities. The drug policy coordinator 15 shall expend the funds appropriated in this section as provided 16 in federal law making the funds available and in conformance 17 with chapter 17A. 18 Sec. 471. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 19 PROGRAM APPROPRIATION. 20 1. There is appropriated from the fund created by section 21 8.41 to the governor’s office of drug control policy for the 22 federal fiscal year beginning October 1, 2011, and ending 23 September 30, 2012, the following amount: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,974,695 25 Funds appropriated in this subsection are the anticipated 26 funds to be received from the federal government for the 27 designated fiscal year under 42 U.S.C., ch. 46, subch. V, which 28 provides for the Edward Byrne memorial justice assistance grant 29 program. The drug policy coordinator shall expend the funds 30 appropriated in this subsection as provided in the federal law 31 making the funds available and in conformance with chapter 17A. 32 2. An amount not exceeding 10 percent of the funds 33 appropriated in subsection 1 shall be used by the drug policy 34 coordinator for administrative expenses. From the funds set 35 -412- LSB 2811HV (1) 84 tm/jp 412/ 518
H.F. 697 aside by this subsection for administrative expenses, the 1 drug policy coordinator shall pay to the auditor of state an 2 amount sufficient to pay the cost of auditing the use and 3 administration of the state’s portion of the funds appropriated 4 in subsection 1. 5 Sec. 472. COMMUNITY SERVICES APPROPRIATIONS. 6 1. a. There is appropriated from the fund created by 7 section 8.41 to the division of community action agencies of 8 the department of human rights for the federal fiscal year 9 beginning October 1, 2011, and ending September 30, 2012, the 10 following amount: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,540,877 12 Funds appropriated in this subsection are the funds 13 anticipated to be received from the federal government for the 14 designated federal fiscal year under 42 U.S.C., ch. 106, which 15 provides for the community services block grant. The division 16 of community action agencies of the department of human rights 17 shall expend the funds appropriated in this subsection as 18 provided in the federal law making the funds available and in 19 conformance with chapter 17A. 20 b. The administrator of the division of community action 21 agencies of the department of human rights shall allocate 22 not less than 96 percent of the amount of the block grant to 23 eligible community action agencies for programs benefiting 24 low-income persons. Each eligible agency shall receive a 25 minimum allocation of not less than $100,000. The minimum 26 allocation shall be achieved by redistributing increased 27 funds from agencies experiencing a greater share of available 28 funds. The funds shall be distributed on the basis of 29 the poverty-level population in the area represented by 30 the community action areas compared to the size of the 31 poverty-level population in the state. 32 2. An amount not exceeding 4 percent of the funds 33 appropriated in subsection 1 shall be used by the division of 34 community action agencies of the department of human rights 35 -413- LSB 2811HV (1) 84 tm/jp 413/ 518
H.F. 697 for administrative expenses. From the funds set aside by 1 this subsection for administrative expenses, the division of 2 community action agencies of the department of human rights 3 shall pay to the auditor of state an amount sufficient to pay 4 the cost of auditing the use and administration of the state’s 5 portion of the funds appropriated in subsection 1. The auditor 6 of state shall bill the division of community action agencies 7 for the costs of the audits. 8 Sec. 473. COMMUNITY DEVELOPMENT APPROPRIATIONS. 9 1. There is appropriated from the fund created by section 10 8.41 to the department of economic development for the federal 11 fiscal year beginning October 1, 2011, and ending September 30, 12 2012, the following amount: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,514,788 14 Funds appropriated in this subsection are the funds 15 anticipated to be received from the federal government for 16 the designated federal fiscal year under 42 U.S.C., ch. 69, 17 which provides for community development block grants. The 18 department of economic development shall expend the funds 19 appropriated in this subsection as provided in the federal law 20 making the funds available and in conformance with chapter 17A. 21 2. An amount not exceeding $1,240,000 for the federal fiscal 22 year beginning October 1, 2011, shall be used by the department 23 of economic development for administrative expenses for the 24 community development block grant. The total amount used for 25 administrative expenses includes $670,000 for the federal 26 fiscal year beginning October 1, 2011, of funds appropriated 27 in subsection 1 and a matching contribution from the state 28 equal to $570,000 from the appropriation of state funds for the 29 community development block grant and state appropriations for 30 related activities of the department of economic development. 31 From the funds set aside for administrative expenses by this 32 subsection, the department of economic development shall pay 33 to the auditor of state an amount sufficient to pay the cost of 34 auditing the use and administration of the state’s portion of 35 -414- LSB 2811HV (1) 84 tm/jp 414/ 518
H.F. 697 the funds appropriated in subsection 1. The auditor of state 1 shall bill the department for the costs of the audit. 2 Sec. 474. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS. 3 1. There is appropriated from the fund created by section 4 8.41 to the division of community action agencies of the 5 department of human rights for the federal fiscal year 6 beginning October 1, 2011, and ending September 30, 2012, the 7 following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70,527,851 9 The funds appropriated in this subsection are the funds 10 anticipated to be received from the federal government for the 11 designated federal fiscal year under 42 U.S.C., ch. 94, subch. 12 II, which provides for the low-income home energy assistance 13 block grants. The division of community action agencies of the 14 department of human rights shall expend the funds appropriated 15 in this subsection as provided in the federal law making the 16 funds available and in conformance with chapter 17A. 17 2. Up to 15 percent of the amount appropriated in this 18 section that is actually received shall be used for residential 19 weatherization or other related home repairs for low-income 20 households. Of this allocation amount, not more than 10 21 percent may be used for administrative expenses. 22 3. After subtracting the allocation in subsection 2, 23 up to 10 percent of the remaining moneys are allocated 24 for administrative expenses of the low-income home energy 25 assistance program of which $377,000 is allocated for 26 administrative expenses of the division. The costs of auditing 27 the use and administration of the portion of the appropriation 28 in this section that is retained by the state shall be paid 29 from the amount allocated in this subsection to the division. 30 The auditor of state shall bill the division for the audit 31 costs. 32 4. The remaining moneys of the appropriation in this section 33 following the allocations made in subsections 2 and 3, shall be 34 used to help eligible households as defined in 42 U.S.C., ch. 35 -415- LSB 2811HV (1) 84 tm/jp 415/ 518
H.F. 697 94, subch. II, to meet home energy costs. 1 5. Not more than 10 percent of the amount appropriated in 2 this section that is actually received may be carried forward 3 for use in the succeeding federal fiscal year. 4 6. Expenditures for assessment and resolution of energy 5 problems shall be limited to not more than 5 percent of the 6 amount appropriated in this section that is actually received. 7 Sec. 475. SOCIAL SERVICES APPROPRIATIONS. 8 1. There is appropriated from the fund created by section 9 8.41 to the department of human services for the federal fiscal 10 year beginning October 1, 2011, and ending September 30, 2012, 11 the following amount: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,562,583 13 Funds appropriated in this subsection are the funds 14 anticipated to be received from the federal government for 15 the designated federal fiscal year under 42 U.S.C., ch. 16 7, subch. XX, which provides for the social services block 17 grant. The department of human services shall expend the funds 18 appropriated in this subsection as provided in the federal law 19 making the funds available and in conformance with chapter 17A. 20 2. Not more than $1,065,917 of the funds appropriated in 21 subsection 1 shall be used by the department of human services 22 for general administration. From the funds set aside in this 23 subsection for general administration, the department of human 24 services shall pay to the auditor of state an amount sufficient 25 to pay the cost of auditing the use and administration of the 26 state’s portion of the funds appropriated in subsection 1. 27 3. In addition to the allocation for general administration 28 in subsection 2, the remaining funds appropriated in subsection 29 1 shall be allocated in the following amounts to supplement 30 appropriations for the federal fiscal year beginning October 31 1, 2011, for the following programs within the department of 32 human services: 33 a. Field operations: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,375,369 35 -416- LSB 2811HV (1) 84 tm/jp 416/ 518
H.F. 697 b. Child and family services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 824,195 2 c. Local administrative costs and other local services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 676,125 4 d. Volunteers: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,023 6 e. MH/MR/DD/BI community services (local purchase): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,546,954 8 Sec. 476. SOCIAL SERVICES BLOCK GRANT PLAN. The department 9 of human services during each state fiscal year shall develop a 10 plan for the use of federal social services block grant funds 11 for the subsequent state fiscal year. 12 The proposed plan shall include all programs and services 13 at the state level which the department proposes to fund with 14 federal social services block grant funds, and shall identify 15 state and other funds which the department proposes to use to 16 fund the state programs and services. 17 The proposed plan shall also include all local programs and 18 services which are eligible to be funded with federal social 19 services block grant funds, the total amount of federal social 20 services block grant funds available for the local programs and 21 services, and the manner of distribution of the federal social 22 services block grant funds to the counties. The proposed plan 23 shall identify state and local funds which will be used to fund 24 the local programs and services. 25 The proposed plan shall be submitted with the department’s 26 budget requests to the governor and the general assembly. 27 Sec. 477. PROJECTS FOR ASSISTANCE IN TRANSITION FROM 28 HOMELESSNESS. 29 1. Upon receipt of the minimum formula grant from 30 the federal substance abuse and mental health services 31 administration to provide mental health services for the 32 homeless, for the federal fiscal year beginning October 1, 33 2011, and ending September 30, 2012, the department of human 34 services shall assure that a project which receives funds under 35 -417- LSB 2811HV (1) 84 tm/jp 417/ 518
H.F. 697 the formula grant shall do all of the following: 1 a. Provide outreach and engagement to homeless individuals 2 and individuals at risk of homelessness and assesses those 3 individuals for serious mental illness. 4 b. Enroll those individuals with serious mental illness who 5 are willing to accept services through the project. 6 c. Provide case management to homeless persons. 7 d. Provide appropriate training to persons who provide 8 services to persons targeted by the grant. 9 e. Assure a local match share of 25 percent. 10 f. Refer homeless individuals and individuals at risk of 11 homelessness to primary health care, job training, educational 12 services, and relevant housing services. 13 2. A project may expend funds for community mental health 14 services, diagnostic services, crisis intervention services, 15 habilitation and rehabilitation services, substance abuse 16 services, supportive and supervisory services to homeless 17 persons living in residential settings that are not otherwise 18 supported, and housing services including minor renovation, 19 expansion, and repair of housing, security deposits, planning 20 of housing, technical assistance in applying for housing, 21 improving the coordination of housing services, the costs 22 associated with matching eligible homeless individuals with 23 appropriate housing, and one-time rental payments to prevent 24 eviction. 25 Sec. 478. CHILD CARE AND DEVELOPMENT APPROPRIATION. There 26 is appropriated from the fund created by section 8.41 to the 27 department of human services for the federal fiscal year 28 beginning October 1, 2011, and ending September 30, 2012, the 29 following amount: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,792,517 31 Funds appropriated in this section are the funds anticipated 32 to be received from the federal government under 42 U.S.C., 33 ch. 105, subch. II-B, which provides for the child care and 34 development block grant. The department shall expend the funds 35 -418- LSB 2811HV (1) 84 tm/jp 418/ 518
H.F. 697 appropriated in this section as provided in the federal law 1 making the funds available and in conformance with chapter 17A. 2 Moneys appropriated in this section that remain unencumbered 3 or unobligated at the close of the fiscal year shall revert to 4 be available for appropriation for purposes of the child care 5 and development block grant in the succeeding fiscal year. 6 Sec. 479. PROCEDURE FOR REDUCED FEDERAL FUNDS. 7 1. If the funds received from the federal government for the 8 block grants specified in this Act are less than the amounts 9 appropriated, the funds actually received shall be prorated 10 by the governor for the various programs, other than for the 11 services to victims of sex offenses and for rape prevention 12 education under section 4, subsection 3, of this Act, for which 13 each block grant is available according to the percentages that 14 each program is to receive as specified in this Act. However, 15 if the governor determines that the funds allocated by the 16 percentages will not be sufficient to accomplish the purposes 17 of a particular program, or if the appropriation is not 18 allocated by percentage, the governor may allocate the funds in 19 a manner which will accomplish to the greatest extent possible 20 the purposes of the various programs for which the block grants 21 are available. 22 2. Before the governor implements the actions provided for 23 in subsection 1, the following procedures shall be taken: 24 a. The chairpersons and ranking members of the senate and 25 house standing committees on appropriations, the appropriate 26 chairpersons and ranking members of subcommittees of those 27 committees, and the director of the legislative services agency 28 shall be notified of the proposed action. 29 b. The notice shall include the proposed allocations, 30 and information on the reasons why particular percentages or 31 amounts of funds are allocated to the individual programs, 32 the departments and programs affected, and other information 33 deemed useful. Chairpersons and ranking members notified shall 34 be allowed at least two weeks to review and comment on the 35 -419- LSB 2811HV (1) 84 tm/jp 419/ 518
H.F. 697 proposed action before the action is taken. 1 Sec. 480. PROCEDURE FOR INCREASED FEDERAL FUNDS. 2 1. If funds received from the federal government in the form 3 of block grants exceed the amounts appropriated in sections 1, 4 2, 3, 4, 7, 9, and 11 of this Act, the excess shall be prorated 5 to the appropriate programs according to the percentages 6 specified in those sections, except additional funds shall not 7 be prorated for administrative expenses. 8 2. If actual funds received from the federal government 9 from block grants exceed the amount appropriated in section 10 10 of this Act for the low-income home energy assistance program, 11 not more than 10 percent of the excess may be allocated to the 12 low-income residential weatherization program and not more than 13 15 percent of the excess may be used for administrative costs. 14 3. If funds received from the federal government from 15 community services block grants exceed the amount appropriated 16 in section 8 of this Act, 100 percent of the excess is 17 allocated to the community services block grant program. 18 Sec. 481. PROCEDURE FOR EXPENDITURE OF ADDITIONAL FEDERAL 19 FUNDS. If other federal grants, receipts, and funds and other 20 nonstate grants, receipts, and funds become available or are 21 awarded which are not available or awarded during the period 22 in which the general assembly is in session, but which require 23 expenditure by the applicable department or agency prior 24 to March 15 of the fiscal year beginning July 1, 2011, and 25 ending June 30, 2012, these grants, receipts, and funds are 26 appropriated to the extent necessary, provided that the fiscal 27 committee of the legislative council is notified within 30 days 28 of receipt of the grants, receipts, or funds and the fiscal 29 committee of the legislative council has an opportunity to 30 comment on the expenditure of the grants, receipts, or funds. 31 Sec. 482. OTHER GRANTS, RECEIPTS, AND FUNDS. Federal 32 grants, receipts, and funds and other nonstate grants, 33 receipts, and funds, available in whole or in part of the 34 fiscal year beginning July 1, 2011, and ending June 30, 2012, 35 -420- LSB 2811HV (1) 84 tm/jp 420/ 518
H.F. 697 are appropriated to the following departments and agencies that 1 are designated by and for the purposes set forth in the grants, 2 receipts, or conditions accompanying the receipt of the funds, 3 unless otherwise provided by law: 4 1. Department of administrative services. 5 2. Department on aging. 6 3. Department of agriculture and land stewardship. 7 4. Office of auditor of state. 8 5. Department for the blind. 9 6. Iowa state civil rights commission. 10 7. College student aid commission. 11 8. Department of commerce. 12 9. Department of corrections. 13 10. Department of cultural affairs. 14 11. Department of economic development. 15 12. Department of education. 16 13. Office of energy independence. 17 14. Iowa ethics and campaign disclosure board. 18 15. Iowa finance authority. 19 16. Offices of the governor and lieutenant governor. 20 17. Governor’s office of drug control policy. 21 18. Department of human rights. 22 19. Department of human services. 23 20. Department of inspections and appeals. 24 21. Judicial branch. 25 22. Department of justice. 26 23. Iowa law enforcement academy. 27 24. Department of management. 28 25. Department of natural resources. 29 26. Board of parole. 30 27. Department of public defense. 31 28. Public employment relations board. 32 29. Department of public health. 33 30. Department of public safety. 34 31. State board of regents. 35 -421- LSB 2811HV (1) 84 tm/jp 421/ 518
H.F. 697 32. Department of revenue. 1 33. Office of secretary of state. 2 34. Iowa state fair authority. 3 35. Office for state-federal relations. 4 36. Iowa telecommunications and technology commission. 5 37. Office of treasurer of state. 6 38. Department of transportation. 7 39. Department of veterans affairs. 8 40. Department of workforce development. 9 DIVISION LVI 10 BLOCK GRANTS 11 FY 2012-2013 12 Sec. 483. SUBSTANCE ABUSE APPROPRIATION. 13 1. There is appropriated from the fund created by section 14 8.41 to the department of public health for the federal fiscal 15 year beginning October 1, 2012, and ending September 30, 2013, 16 the following amount: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,535,545 18 a. Funds appropriated in this subsection are the 19 anticipated funds to be received from the federal government 20 for the designated federal fiscal year under 42 U.S.C., ch. 21 6A, subch. XVII, part B, subpart ii, which provides for the 22 prevention and treatment of substance abuse block grant. 23 The department shall expend the funds appropriated in this 24 subsection as provided in the federal law making the funds 25 available and in conformance with chapter 17A. 26 b. Of the funds appropriated in this subsection, an amount 27 not exceeding 5 percent shall be used by the department for 28 administrative expenses. 29 c. The department shall expend no less than an amount equal 30 to the amount expended for treatment services in the state 31 fiscal year beginning July 1, 2011, for pregnant women and 32 women with dependent children. 33 d. Of the funds appropriated in this subsection, an amount 34 not exceeding $20,897 shall be used for audits. 35 -422- LSB 2811HV (1) 84 tm/jp 422/ 518
H.F. 697 2. At least 20 percent of the funds remaining from the 1 appropriation made in subsection 1 shall be allocated for 2 prevention programs. 3 3. In implementing the federal prevention and treatment of 4 substance abuse block grant under 42 U.S.C., ch. 6A, subch. 5 XVII, and any other applicable provisions of the federal Public 6 Health Service Act under 42 U.S.C., ch. 6A, the department 7 shall apply the provisions of Pub. L. No. 106-310, § 3305, 8 as codified in 42 U.S.C. § 300x-65, relating to services 9 under such federal law being provided by religious and other 10 nongovernmental organizations. 11 Sec. 484. COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION. 12 1. a. There is appropriated from the fund created by 13 section 8.41 to the department of human services for the 14 federal fiscal year beginning October 1, 2012, and ending 15 September 30, 2013, the following amount: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,865,214 17 b. Funds appropriated in this subsection are the 18 anticipated funds to be received from the federal government 19 for the designated federal fiscal year under 42 U.S.C., ch. 20 6A, subch. XVII, part B, subpart i, which provides for the 21 community mental health services block grant. The department 22 shall expend the funds appropriated in this subsection as 23 provided in the federal law making the funds available and in 24 conformance with chapter 17A. 25 c. The department shall allocate not less than 95 percent 26 of the amount of the block grant to eligible community mental 27 health services providers for carrying out the plan submitted 28 to and approved by the federal substance abuse and mental 29 health services administration for the fiscal year involved. 30 d. Of the amount allocated to eligible services providers 31 under paragraph “c”, 70 percent shall be distributed to 32 the state’s accredited community mental health centers 33 established or designated by counties in accordance with law 34 or administrative rule. If a county has not established or 35 -423- LSB 2811HV (1) 84 tm/jp 423/ 518
H.F. 697 designated a community mental health center and has received 1 a waiver from the mental health and disability services 2 commission, the mental health services provider designated 3 by that county is eligible to receive funding distributed 4 pursuant to this paragraph in lieu of a community mental health 5 center. The funding distributed shall be used by recipients 6 of the funding for the purpose of developing and providing 7 evidence-based practices and emergency services to adults with 8 a serious mental illness and children with a serious emotional 9 disturbance. The distribution amounts shall be announced at 10 the beginning of the federal fiscal year and distributed on 11 a quarterly basis according to the formulas used in previous 12 fiscal years. Recipients shall submit quarterly reports 13 containing data consistent with the performance measures 14 approved by the federal substance abuse and mental health 15 services administration. 16 2. An amount not exceeding 5 percent of the funds 17 appropriated in subsection 1 shall be used by the department 18 of human services for administrative expenses. From the 19 funds set aside by this subsection for administrative 20 expenses, the department shall pay to the auditor of state 21 an amount sufficient to pay the cost of auditing the use 22 and administration of the state’s portion of the funds 23 appropriated in subsection 1. The auditor of state shall bill 24 the department for the costs of the audits. 25 Sec. 485. MATERNAL AND CHILD HEALTH SERVICES 26 APPROPRIATIONS. 27 1. There is appropriated from the fund created by section 28 8.41 to the department of public health for the federal fiscal 29 year beginning October 1, 2012, and ending September 30, 2013, 30 the following amount: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,550,109 32 a. The funds appropriated in this subsection are the funds 33 anticipated to be received from the federal government for 34 the designated federal fiscal year under 42 U.S.C., ch. 7, 35 -424- LSB 2811HV (1) 84 tm/jp 424/ 518
H.F. 697 subch. V, which provides for the maternal and child health 1 services block grant. The department shall expend the funds 2 appropriated in this subsection as provided in the federal law 3 making the funds available and in conformance with chapter 17A. 4 b. Funds appropriated in this subsection shall not be used 5 by the university of Iowa hospitals and clinics for indirect 6 costs. 7 2. An amount not exceeding 10 percent of the funds 8 appropriated in subsection 1 shall be used by the department of 9 public health for administrative expenses. 10 3. The departments of public health, human services, and 11 education and the university of Iowa’s mobile and regional 12 child health specialty clinics shall continue to pursue to the 13 maximum extent feasible the coordination and integration of 14 services to women and children. 15 4. a. Sixty-three percent of the remaining funds 16 appropriated in subsection 1 shall be allocated to supplement 17 appropriations for maternal and child health programs within 18 the department of public health. Of these funds, $255,247 19 shall be set aside for the statewide perinatal care program. 20 b. Thirty-seven percent of the remaining funds appropriated 21 in subsection 1 shall be allocated to the university of Iowa 22 hospitals and clinics under the control of the state board 23 of regents for mobile and regional child health specialty 24 clinics. The university of Iowa hospitals and clinics shall 25 not receive an allocation for indirect costs from the funds for 26 this program. Priority shall be given to establishment and 27 maintenance of a statewide system of mobile and regional child 28 health specialty clinics. 29 5. The department of public health shall administer the 30 statewide maternal and child health program and the disabled 31 children’s program by conducting mobile and regional child 32 health specialty clinics and conducting other activities to 33 improve the health of low-income women and children and to 34 promote the welfare of children with actual or potential 35 -425- LSB 2811HV (1) 84 tm/jp 425/ 518
H.F. 697 handicapping conditions and chronic illnesses in accordance 1 with the requirements of Tit. V of the federal Social Security 2 Act. 3 Sec. 486. PREVENTIVE HEALTH AND HEALTH SERVICES 4 APPROPRIATIONS. 5 1. There is appropriated from the fund created by section 6 8.41 to the department of public health for the federal fiscal 7 year beginning October 1, 2012, and ending September 30, 2013, 8 the following amount: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 937,094 10 Funds appropriated in this subsection are the funds 11 anticipated to be received from the federal government for 12 the designated federal fiscal year under 42 U.S.C., ch. 6A, 13 subch. XVII, part A, which provides for the preventive health 14 and health services block grant. The department shall expend 15 the funds appropriated in this subsection as provided in the 16 federal law making the funds available and in conformance with 17 chapter 17A. 18 2. Of the funds appropriated in subsection 1, an amount 19 not exceeding 10 percent shall be used by the department for 20 administrative expenses. 21 3. Of the funds appropriated in subsection 1, the specific 22 amount of funds stipulated by the notice of the block grant 23 award shall be allocated for services to victims of sex 24 offenses and for rape prevention education. 25 4. After deducting the funds allocated in subsections 2 and 26 3, the remaining funds appropriated in subsection 1 may be used 27 by the department for healthy people 2011/healthy Iowans 2011 28 program objectives, preventive health advisory committee, and 29 risk reduction services, including nutrition programs, health 30 incentive programs, chronic disease services, emergency medical 31 services, monitoring of the fluoridation program and start-up 32 fluoridation grants, and acquired immune deficiency syndrome 33 services. The moneys specified in this subsection shall not be 34 used by the university of Iowa hospitals and clinics or by the 35 -426- LSB 2811HV (1) 84 tm/jp 426/ 518
H.F. 697 state hygienic laboratory for the funding of indirect costs. 1 Sec. 487. STOP VIOLENCE AGAINST WOMEN GRANT PROGRAM 2 APPROPRIATION. 3 1. There is appropriated from the fund created by section 4 8.41 to the department of justice for the federal fiscal year 5 beginning October 1, 2012, and ending September 30, 2013, the 6 following amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,350,388 8 Funds appropriated in this subsection are the anticipated 9 funds to be received from the federal government for the 10 designated fiscal year under 42 U.S.C., ch. 46, § 3796gg-1, 11 which provides for grants to combat violent crimes against 12 women. The department of justice shall expend the funds 13 appropriated in this subsection as provided in the federal law 14 making the funds available and in conformance with chapter 17A. 15 2. An amount not exceeding 10 percent of the funds 16 appropriated in subsection 1 shall be used by the department of 17 justice for administrative expenses. From the funds set aside 18 by this subsection for administrative expenses, the department 19 shall pay to the auditor of state an amount sufficient to pay 20 the cost of auditing the use and administration of the state’s 21 portion of the funds appropriated in subsection 1. 22 Sec. 488. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 23 PRISONERS FORMULA GRANT PROGRAM. There is appropriated from 24 the fund created by section 8.41 to the governor’s office of 25 drug control policy for the federal fiscal year beginning 26 October 1, 2012, and ending September 30, 2013, the following 27 amount: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,802 29 Funds appropriated in this section are the funds anticipated 30 to be received from the federal government for the designated 31 fiscal year under 42 U.S.C., ch. 46, subch. XII-G, which 32 provides grants for substance abuse treatment programs in state 33 and local correctional facilities. The drug policy coordinator 34 shall expend the funds appropriated in this section as provided 35 -427- LSB 2811HV (1) 84 tm/jp 427/ 518
H.F. 697 in federal law making the funds available and in conformance 1 with chapter 17A. 2 Sec. 489. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 3 PROGRAM APPROPRIATION. 4 1. There is appropriated from the fund created by section 5 8.41 to the governor’s office of drug control policy for the 6 federal fiscal year beginning October 1, 2012, and ending 7 September 30, 2013, the following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,528,491 9 Funds appropriated in this subsection are the anticipated 10 funds to be received from the federal government for the 11 designated fiscal year under 42 U.S.C., ch. 46, subch. V, which 12 provides for the Edward Byrne memorial justice assistance grant 13 program. The drug policy coordinator shall expend the funds 14 appropriated in this subsection as provided in the federal law 15 making the funds available and in conformance with chapter 17A. 16 2. An amount not exceeding 10 percent of the funds 17 appropriated in subsection 1 shall be used by the drug policy 18 coordinator for administrative expenses. From the funds set 19 aside by this subsection for administrative expenses, the 20 drug policy coordinator shall pay to the auditor of state an 21 amount sufficient to pay the cost of auditing the use and 22 administration of the state’s portion of the funds appropriated 23 in subsection 1. 24 Sec. 490. COMMUNITY SERVICES APPROPRIATIONS. 25 1. a. There is appropriated from the fund created by 26 section 8.41 to the division of community action agencies of 27 the department of human rights for the federal fiscal year 28 beginning October 1, 2012, and ending September 30, 2013, the 29 following amount: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,409,745 31 Funds appropriated in this subsection are the funds 32 anticipated to be received from the federal government for the 33 designated federal fiscal year under 42 U.S.C., ch. 106, which 34 provides for the community services block grant. The division 35 -428- LSB 2811HV (1) 84 tm/jp 428/ 518
H.F. 697 of community action agencies of the department of human rights 1 shall expend the funds appropriated in this subsection as 2 provided in the federal law making the funds available and in 3 conformance with chapter 17A. 4 b. The administrator of the division of community action 5 agencies of the department of human rights shall allocate 6 not less than 96 percent of the amount of the block grant to 7 eligible community action agencies for programs benefiting 8 low-income persons. Each eligible agency shall receive a 9 minimum allocation of not less than $85,000. The minimum 10 allocation shall be achieved by redistributing increased 11 funds from agencies experiencing a greater share of available 12 funds. The funds shall be distributed on the basis of 13 the poverty-level population in the area represented by 14 the community action areas compared to the size of the 15 poverty-level population in the state. 16 2. An amount not exceeding 4 percent of the funds 17 appropriated in subsection 1 shall be used by the division of 18 community action agencies of the department of human rights 19 for administrative expenses. From the funds set aside by 20 this subsection for administrative expenses, the division of 21 community action agencies of the department of human rights 22 shall pay to the auditor of state an amount sufficient to pay 23 the cost of auditing the use and administration of the state’s 24 portion of the funds appropriated in subsection 1. The auditor 25 of state shall bill the division of community action agencies 26 for the costs of the audits. 27 Sec. 491. COMMUNITY DEVELOPMENT APPROPRIATIONS. 28 1. There is appropriated from the fund created by section 29 8.41 to the department of economic development for the federal 30 fiscal year beginning October 1, 2012, and ending September 30, 31 2013, the following amount: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,237,570 33 Funds appropriated in this subsection are the funds 34 anticipated to be received from the federal government for 35 -429- LSB 2811HV (1) 84 tm/jp 429/ 518
H.F. 697 the designated federal fiscal year under 42 U.S.C., ch. 69, 1 which provides for community development block grants. The 2 department of economic development shall expend the funds 3 appropriated in this subsection as provided in the federal law 4 making the funds available and in conformance with chapter 17A. 5 2. An amount not exceeding $1,054,000 for the federal fiscal 6 year beginning October 1, 2012, shall be used by the department 7 of economic development for administrative expenses for the 8 community development block grant. The total amount used for 9 administrative expenses includes $569,500 for the federal 10 fiscal year beginning October 1, 2012, of funds appropriated 11 in subsection 1 and a matching contribution from the state 12 equal to $484,500 from the appropriation of state funds for the 13 community development block grant and state appropriations for 14 related activities of the department of economic development. 15 From the funds set aside for administrative expenses by this 16 subsection, the department of economic development shall pay 17 to the auditor of state an amount sufficient to pay the cost of 18 auditing the use and administration of the state’s portion of 19 the funds appropriated in subsection 1. The auditor of state 20 shall bill the department for the costs of the audit. 21 Sec. 492. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS. 22 1. There is appropriated from the fund created by section 23 8.41 to the division of community action agencies of the 24 department of human rights for the federal fiscal year 25 beginning October 1, 2012, and ending September 30, 2013, the 26 following amount: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 59,948,673 28 The funds appropriated in this subsection are the funds 29 anticipated to be received from the federal government for the 30 designated federal fiscal year under 42 U.S.C., ch. 94, subch. 31 II, which provides for the low-income home energy assistance 32 block grants. The division of community action agencies of the 33 department of human rights shall expend the funds appropriated 34 in this subsection as provided in the federal law making the 35 -430- LSB 2811HV (1) 84 tm/jp 430/ 518
H.F. 697 funds available and in conformance with chapter 17A. 1 2. Up to 15 percent of the amount appropriated in this 2 section that is actually received shall be used for residential 3 weatherization or other related home repairs for low-income 4 households. Of this allocation amount, not more than 10 5 percent may be used for administrative expenses. 6 3. After subtracting the allocation in subsection 2, 7 up to 10 percent of the remaining moneys are allocated 8 for administrative expenses of the low-income home energy 9 assistance program of which $320,450 is allocated for 10 administrative expenses of the division. The costs of auditing 11 the use and administration of the portion of the appropriation 12 in this section that is retained by the state shall be paid 13 from the amount allocated in this subsection to the division. 14 The auditor of state shall bill the division for the audit 15 costs. 16 4. The remaining moneys of the appropriation in this section 17 following the allocations made in subsections 2 and 3, shall be 18 used to help eligible households as defined in 42 U.S.C., ch. 19 94, subch. II, to meet home energy costs. 20 5. Not more than 10 percent of the amount appropriated in 21 this section that is actually received may be carried forward 22 for use in the succeeding federal fiscal year. 23 6. Expenditures for assessment and resolution of energy 24 problems shall be limited to not more than 5 percent of the 25 amount appropriated in this section that is actually received. 26 Sec. 493. SOCIAL SERVICES APPROPRIATIONS. 27 1. There is appropriated from the fund created by section 28 8.41 to the department of human services for the federal fiscal 29 year beginning October 1, 2012, and ending September 30, 2013, 30 the following amount: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,078,196 32 Funds appropriated in this subsection are the funds 33 anticipated to be received from the federal government for 34 the designated federal fiscal year under 42 U.S.C., ch. 35 -431- LSB 2811HV (1) 84 tm/jp 431/ 518
H.F. 697 7, subch. XX, which provides for the social services block 1 grant. The department of human services shall expend the funds 2 appropriated in this subsection as provided in the federal law 3 making the funds available and in conformance with chapter 17A. 4 2. Not more than $906,029 of the funds appropriated in 5 subsection 1 shall be used by the department of human services 6 for general administration. From the funds set aside in this 7 subsection for general administration, the department of human 8 services shall pay to the auditor of state an amount sufficient 9 to pay the cost of auditing the use and administration of the 10 state’s portion of the funds appropriated in subsection 1. 11 3. In addition to the allocation for general administration 12 in subsection 2, the remaining funds appropriated in subsection 13 1 shall be allocated in the following amounts to supplement 14 appropriations for the federal fiscal year beginning October 15 1, 2012, for the following programs within the department of 16 human services: 17 a. Field operations: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,419,064 19 b. Child and family services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,566 21 c. Local administrative costs and other local services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 574,706 23 d. Volunteers: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,920 25 e. MH/MR/DD/BI community services (local purchase): 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,414,911 27 Sec. 494. SOCIAL SERVICES BLOCK GRANT PLAN. The department 28 of human services during each state fiscal year shall develop a 29 plan for the use of federal social services block grant funds 30 for the subsequent state fiscal year. 31 The proposed plan shall include all programs and services 32 at the state level which the department proposes to fund with 33 federal social services block grant funds, and shall identify 34 state and other funds which the department proposes to use to 35 -432- LSB 2811HV (1) 84 tm/jp 432/ 518
H.F. 697 fund the state programs and services. 1 The proposed plan shall also include all local programs and 2 services which are eligible to be funded with federal social 3 services block grant funds, the total amount of federal social 4 services block grant funds available for the local programs and 5 services, and the manner of distribution of the federal social 6 services block grant funds to the counties. The proposed plan 7 shall identify state and local funds which will be used to fund 8 the local programs and services. 9 The proposed plan shall be submitted with the department’s 10 budget requests to the governor and the general assembly. 11 Sec. 495. PROJECTS FOR ASSISTANCE IN TRANSITION FROM 12 HOMELESSNESS. 13 1. Upon receipt of the minimum formula grant from 14 the federal substance abuse and mental health services 15 administration to provide mental health services for the 16 homeless, for the federal fiscal year beginning October 1, 17 2012, and ending September 30, 2013, the department of human 18 services shall assure that a project which receives funds under 19 the formula grant shall do all of the following: 20 a. Provide outreach and engagement to homeless individuals 21 and individuals at risk of homelessness and assesses those 22 individuals for serious mental illness. 23 b. Enroll those individuals with serious mental illness who 24 are willing to accept services through the project. 25 c. Provide case management to homeless persons. 26 d. Provide appropriate training to persons who provide 27 services to persons targeted by the grant. 28 e. Assure a local match share of 25 percent. 29 f. Refer homeless individuals and individuals at risk of 30 homelessness to primary health care, job training, educational 31 services, and relevant housing services. 32 2. A project may expend funds for community mental health 33 services, diagnostic services, crisis intervention services, 34 habilitation and rehabilitation services, substance abuse 35 -433- LSB 2811HV (1) 84 tm/jp 433/ 518
H.F. 697 services, supportive and supervisory services to homeless 1 persons living in residential settings that are not otherwise 2 supported, and housing services including minor renovation, 3 expansion, and repair of housing, security deposits, planning 4 of housing, technical assistance in applying for housing, 5 improving the coordination of housing services, the costs 6 associated with matching eligible homeless individuals with 7 appropriate housing, and one-time rental payments to prevent 8 eviction. 9 Sec. 496. CHILD CARE AND DEVELOPMENT APPROPRIATION. There 10 is appropriated from the fund created by section 8.41 to the 11 department of human services for the federal fiscal year 12 beginning October 1, 2012, and ending September 30, 2013, the 13 following amount: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,223,639 15 Funds appropriated in this section are the funds anticipated 16 to be received from the federal government under 42 U.S.C., 17 ch. 105, subch. II-B, which provides for the child care and 18 development block grant. The department shall expend the funds 19 appropriated in this section as provided in the federal law 20 making the funds available and in conformance with chapter 17A. 21 Moneys appropriated in this section that remain unencumbered 22 or unobligated at the close of the fiscal year shall revert to 23 be available for appropriation for purposes of the child care 24 and development block grant in the succeeding fiscal year. 25 Sec. 497. PROCEDURE FOR REDUCED FEDERAL FUNDS. 26 1. If the funds received from the federal government for the 27 block grants specified in this Act are less than the amounts 28 appropriated, the funds actually received shall be prorated 29 by the governor for the various programs, other than for the 30 services to victims of sex offenses and for rape prevention 31 education under section 22, subsection 3, of this division of 32 this Act, for which each block grant is available according to 33 the percentages that each program is to receive as specified in 34 this division of this Act. However, if the governor determines 35 -434- LSB 2811HV (1) 84 tm/jp 434/ 518
H.F. 697 that the funds allocated by the percentages will not be 1 sufficient to accomplish the purposes of a particular program, 2 or if the appropriation is not allocated by percentage, 3 the governor may allocate the funds in a manner which will 4 accomplish to the greatest extent possible the purposes of the 5 various programs for which the block grants are available. 6 2. Before the governor implements the actions provided for 7 in subsection 1, the following procedures shall be taken: 8 a. The chairpersons and ranking members of the senate and 9 house standing committees on appropriations, the appropriate 10 chairpersons and ranking members of subcommittees of those 11 committees, and the director of the legislative services agency 12 shall be notified of the proposed action. 13 b. The notice shall include the proposed allocations, 14 and information on the reasons why particular percentages or 15 amounts of funds are allocated to the individual programs, 16 the departments and programs affected, and other information 17 deemed useful. Chairpersons and ranking members notified shall 18 be allowed at least two weeks to review and comment on the 19 proposed action before the action is taken. 20 Sec. 498. PROCEDURE FOR INCREASED FEDERAL FUNDS. 21 1. If funds received from the federal government in the form 22 of block grants exceed the amounts appropriated in sections 19, 23 20, 21, 22, 25, 27, and 29 of this division of this Act, the 24 excess shall be prorated to the appropriate programs according 25 to the percentages specified in those sections, except 26 additional funds shall not be prorated for administrative 27 expenses. 28 2. If actual funds received from the federal government 29 from block grants exceed the amount appropriated in section 28 30 of this division of this Act for the low-income home energy 31 assistance program, not more than 10 percent of the excess 32 may be allocated to the low-income residential weatherization 33 program and not more than 15 percent of the excess may be used 34 for administrative costs. 35 -435- LSB 2811HV (1) 84 tm/jp 435/ 518
H.F. 697 3. If funds received from the federal government from 1 community services block grants exceed the amount appropriated 2 in section 26 of this division of this Act, 100 percent of 3 the excess is allocated to the community services block grant 4 program. 5 Sec. 499. PROCEDURE FOR EXPENDITURE OF ADDITIONAL FEDERAL 6 FUNDS. If other federal grants, receipts, and funds and other 7 nonstate grants, receipts, and funds become available or are 8 awarded which are not available or awarded during the period 9 in which the general assembly is in session, but which require 10 expenditure by the applicable department or agency prior 11 to March 15 of the fiscal year beginning July 1, 2012, and 12 ending June 30, 2013, these grants, receipts, and funds are 13 appropriated to the extent necessary, provided that the fiscal 14 committee of the legislative council is notified within 30 days 15 of receipt of the grants, receipts, or funds and the fiscal 16 committee of the legislative council has an opportunity to 17 comment on the expenditure of the grants, receipts, or funds. 18 Sec. 500. EXPENDITURE REPORT. Each department, agency, 19 or authority receiving an appropriation of federal funds 20 pursuant to this Act for the federal fiscal year beginning 21 October 1, 2011, or October 1, 2012, shall submit a detailed 22 plan for the expenditure of the federal funds designated for 23 departmental administrative expenses to the members of the 24 joint appropriations subcommittee with jurisdiction over the 25 state appropriations for the department, agency, or authority. 26 The plan shall be submitted at least 60 calendar days prior to 27 the commencement of the federal fiscal year to which the plan 28 applies and shall be accompanied by a detailed report on the 29 actual department administrative expenditures for the federal 30 fiscal year in progress and the most recently completed federal 31 fiscal year, both in a form acceptable to the legislative 32 services agency. 33 Sec. 501. OTHER GRANTS, RECEIPTS, AND FUNDS. Federal 34 grants, receipts, and funds and other nonstate grants, 35 -436- LSB 2811HV (1) 84 tm/jp 436/ 518
H.F. 697 receipts, and funds, available in whole or in part of the 1 fiscal year beginning July 1, 2012, and ending June 30, 2013, 2 are appropriated to the following departments and agencies that 3 are designated by and for the purposes set forth in the grants, 4 receipts, or conditions accompanying the receipt of the funds, 5 unless otherwise provided by law: 6 1. Department of administrative services. 7 2. Department on aging. 8 3. Department of agriculture and land stewardship. 9 4. Office of auditor of state. 10 5. Department for the blind. 11 6. Iowa state civil rights commission. 12 7. College student aid commission. 13 8. Department of commerce. 14 9. Department of corrections. 15 10. Department of cultural affairs. 16 11. Department of economic development. 17 12. Department of education. 18 13. Office of energy independence. 19 14. Iowa ethics and campaign disclosure board. 20 15. Iowa finance authority. 21 16. Offices of the governor and lieutenant governor. 22 17. Governor’s office of drug control policy. 23 18. Department of human rights. 24 19. Department of human services. 25 20. Department of inspections and appeals. 26 21. Judicial branch. 27 22. Department of justice. 28 23. Iowa law enforcement academy. 29 24. Department of management. 30 25. Department of natural resources. 31 26. Board of parole. 32 27. Department of public defense. 33 28. Public employment relations board. 34 29. Department of public health. 35 -437- LSB 2811HV (1) 84 tm/jp 437/ 518
H.F. 697 30. Department of public safety. 1 31. State board of regents. 2 32. Department of revenue. 3 33. Office of secretary of state. 4 34. Iowa state fair authority. 5 35. Office for state-federal relations. 6 36. Iowa telecommunications and technology commission. 7 37. Office of treasurer of state. 8 38. Department of transportation. 9 39. Department of veterans affairs. 10 40. Department of workforce development. 11 DIVISION LVII 12 STANDINGS 13 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012 14 Sec. 502. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 15 1. For the budget process applicable to the fiscal year 16 beginning July 1, 2012, on or before October 1, 2011, in lieu 17 of the information specified in section 8.23, subsection 1 , 18 unnumbered paragraph 1, and paragraph “a”, all departments and 19 establishments of the government shall transmit to the director 20 of the department of management, on blanks to be furnished by 21 the director, estimates of their expenditure requirements, 22 including every proposed expenditure, for the ensuing fiscal 23 year, together with supporting data and explanations as called 24 for by the director of the department of management after 25 consultation with the legislative services agency. 26 2. The estimates of expenditure requirements shall be 27 in a form specified by the director of the department of 28 management, and the expenditure requirements shall include all 29 proposed expenditures and shall be prioritized by program or 30 the results to be achieved. The estimates shall be accompanied 31 by performance measures for evaluating the effectiveness of the 32 programs or results. 33 Sec. 503. LIMITATION OF STANDING APPROPRIATIONS. 34 Notwithstanding the standing appropriations in the following 35 -438- LSB 2811HV (1) 84 tm/jp 438/ 518
H.F. 697 designated sections for the fiscal year beginning July 1, 2011, 1 and ending June 30, 2012, the amounts appropriated from the 2 general fund of the state pursuant to these sections for the 3 following designated purposes shall not exceed the following 4 amounts: 5 1. For performance of duty by the executive council in 6 sections 7D.29, 8A.321, and 29C.20: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 8 2. For operational support grants and community cultural 9 grants under section 99F.11, subsection 3 , paragraph “d”, 10 subparagraph (1): 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 12 3. For regional tourism marketing under section 99F.11, 13 subsection 3 , paragraph “d”, subparagraph (2): 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 15 4. For the center for congenital and inherited disorders 16 central registry under section 144.13A, subsection 4 , paragraph 17 “a”: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 19 5. For primary and secondary child abuse prevention 20 programs under section 144.13A, subsection 4 , paragraph “a”: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 22 6. For programs for at-risk children under section 279.51 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,804,258 24 The amount of any reduction in this subsection shall be 25 prorated among the programs specified in section 279.51, 26 subsection 1 , paragraphs “a”, “b”, and “c”. 27 7. For payment for nonpublic school transportation under 28 section 285.2 : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 30 If total approved claims for reimbursement for nonpublic 31 school pupil transportation exceed the amount appropriated in 32 accordance with this subsection, the department of education 33 shall prorate the amount of each approved claim. 34 8. For reimbursement for the homestead property tax credit 35 -439- LSB 2811HV (1) 84 tm/jp 439/ 518
H.F. 697 under section 425.1 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 2 9. For reimbursement for the family farm and agricultural 3 land tax credits under sections 425A.1 and 426.1 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 5 10. For the enforcement of chapter 453D relating to tobacco 6 product manufacturers under section 453D.8 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 8 Sec. 504. INSTRUCTIONAL SUPPORT STATE AID —— FY 9 2011-2012. In lieu of the appropriation provided in section 10 257.20, subsection 2, the appropriation for the fiscal year 11 beginning July 1, 2011, and ending June 30, 2012, for paying 12 instructional support state aid under section 257.20 for fiscal 13 year 2011-2012 is zero. 14 Sec. 505. APPROPRIATION —— FARMERS WITH 15 DISABILITIES. There is appropriated from the general fund of 16 the state to the department of agriculture and land stewardship 17 for the fiscal year beginning July 1, 2011, and ending June 30, 18 2012, the following amount, or so much thereof as is necessary, 19 for a program for farmers with disabilities: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 21 The moneys appropriated in this section shall be used 22 for the public purpose of providing a grant to a national 23 nonprofit organization with over 80 years of experience in 24 assisting children and adults with disabilities and special 25 needs. The moneys shall be used to support a nationally 26 recognized program that began in 1986 and has been replicated 27 in at least 30 other states, but which is not available through 28 any other entity in this state, and that provides assistance 29 to farmers with disabilities in all 99 counties to allow the 30 farmers to remain in their own homes and be gainfully engaged 31 in farming through provision of agricultural worksite and home 32 modification consultations, peer support services, services 33 to families, information and referral, and equipment loan 34 services. Notwithstanding section 8.33, moneys appropriated 35 -440- LSB 2811HV (1) 84 tm/jp 440/ 518
H.F. 697 in this section that remain unencumbered or unobligated at the 1 close of the fiscal year shall not revert but shall remain 2 available for expenditure for the purposes designated until the 3 close of the succeeding fiscal year. 4 Sec. 506. Section 256.30, unnumbered paragraph 1, Code 5 2011, is amended by striking the unnumbered paragraph and 6 inserting in lieu thereof the following: 7 For the fiscal year beginning July 1, 2011, and ending 8 June 30, 2012, there is appropriated from the general fund of 9 the state to the department the sum of one hundred thousand 10 dollars. For the fiscal year beginning July 1, 2012, and 11 ending June 30, 2013, and for each succeeding fiscal year, 12 there is appropriated from the general fund of the state to 13 the department the sum of eighty-five thousand dollars. The 14 department shall distribute the appropriation to the tribal 15 council of the Sac and Fox Indian settlement for expenses of 16 educating American Indian children residing in the Sac and Fox 17 Indian settlement on land held in trust by the secretary of 18 the interior of the United States in excess of federal moneys 19 paid to the tribal council for educating the American Indian 20 children when moneys are appropriated for that purpose. The 21 tribal council shall administer the moneys distributed pursuant 22 to this section and shall submit an annual report and other 23 reports as required by the department to the department on the 24 expenditure of the moneys. 25 Sec. 507. Section 257.35, Code 2011, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 28 addition to the reduction applicable pursuant to subsection 29 2, the state aid for area education agencies and the portion 30 of the combined district cost calculated for these agencies 31 for the fiscal year beginning July 1, 2011, and ending June 32 30, 2012, shall be reduced by the department of management by 33 twenty million dollars. The reduction for each area education 34 agency shall be prorated based on the reduction that the agency 35 -441- LSB 2811HV (1) 84 tm/jp 441/ 518
H.F. 697 received in the fiscal year beginning July 1, 2003. 1 Sec. 508. Section 453A.35, subsection 1, Code 2011, is 2 amended to read as follows: 3 1. a. The With the exception of revenues credited to the 4 health care trust fund pursuant to paragraph “b” , the proceeds 5 derived from the sale of stamps and the payment of taxes, fees, 6 and penalties provided for under this chapter , and the permit 7 fees received from all permits issued by the department, shall 8 be credited to the general fund of the state. However, of 9 b. Of the revenues generated from the tax on cigarettes 10 pursuant to section 453A.6, subsection 1 , and from the tax on 11 tobacco products as specified in section 453A.43, subsections 12 1, 2, 3, and 4 , and credited to the general fund of the state 13 under this subsection , there is appropriated, annually, to the 14 health care trust fund created in section 453A.35A , the first 15 one hundred six million sixteen thousand four hundred dollars 16 shall be credited to the health care trust fund created in 17 section 453A.35A . 18 Sec. 509. Section 453A.35A, subsection 1, Code 2011, is 19 amended to read as follows: 20 1. A health care trust fund is created in the office of 21 the treasurer of state. The fund consists of the revenues 22 generated from the tax on cigarettes pursuant to section 23 453A.6, subsection 1 , and from the tax on tobacco products 24 as specified in section 453A.43 , subsections 1, 2, 3, and 25 4 , that are credited to the general fund of the state and 26 appropriated to the health care trust fund, annually, pursuant 27 to section 453A.35 . Moneys in the fund shall be separate from 28 the general fund of the state and shall not be considered 29 part of the general fund of the state. However, the fund 30 shall be considered a special account for the purposes of 31 section 8.53 relating to generally accepted accounting 32 principles. Moneys in the fund shall be used only as specified 33 in this section and shall be appropriated only for the uses 34 specified. Moneys in the fund are not subject to section 8.33 35 -442- LSB 2811HV (1) 84 tm/jp 442/ 518
H.F. 697 and shall not be transferred, used, obligated, appropriated, 1 or otherwise encumbered, except as provided in this section . 2 Notwithstanding section 12C.7, subsection 2 , interest or 3 earnings on moneys deposited in the fund shall be credited to 4 the fund. 5 DIVISION LVIII 6 STANDINGS 7 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012 8 Sec. 510. BONUS PAY. For the fiscal years beginning July 9 1, 2011, and July 1, 2012, employees of the executive branch, 10 judicial branch, and legislative branch shall not receive bonus 11 pay unless otherwise authorized by law, required pursuant to 12 a contract of employment entered into before July 1, 2011, 13 or required pursuant to a collective bargaining agreement. 14 This section does not apply to employees of the state board of 15 regents who receive bonuses funded by nonpublic moneys. For 16 purposes of this section, “bonus pay” means any additional 17 remuneration provided an employee in the form of a bonus, 18 including but not limited to a retention bonus, recruitment 19 bonus, exceptional job performance pay, extraordinary job 20 performance pay, exceptional performance pay, extraordinary 21 duty pay, or extraordinary or special duty pay, and any extra 22 benefit not otherwise provided to other similarly situated 23 employees. 24 Sec. 511. SALARY INCREASES —— CERTAIN REVOLVING FUNDS. 25 1. For the fiscal years beginning July 1, 2011, and July 26 1, 2012, there is appropriated from the gaming enforcement 27 revolving fund an amount necessary for funding annual pay 28 adjustments and related benefits for agents and officers of 29 the division of criminal investigation’s racetrack, excursion 30 boat, or gambling structure enforcement activities. Moneys 31 appropriated pursuant to this subsection shall be in addition 32 to and supplement other appropriations from the fund. 33 2. For the fiscal years beginning July 1, 2011, and July 34 1, 2012, there is appropriated from the gaming regulatory 35 -443- LSB 2811HV (1) 84 tm/jp 443/ 518
H.F. 697 revolving fund, if enacted by the Eighty-fourth General 1 Assembly, 2011 session, an amount necessary for funding annual 2 pay adjustments and related benefits for positions in the 3 racing and gaming commission of the department of inspections 4 and appeals who are assigned to administration and enforcement 5 of the excursion boat and gambling structure laws. Moneys 6 appropriated pursuant to this subsection shall be in addition 7 to and supplement other appropriations from the fund. 8 Sec. 512. STATE TROOPER MEAL ALLOWANCE. For the fiscal 9 years beginning July 1, 2011, and July 1, 2012, the sworn peace 10 officers in the department of public safety who are not covered 11 by a collective bargaining agreement negotiated pursuant to 12 chapter 20 shall receive the same per diem meal allowance as 13 the sworn peace officers in the department of public safety who 14 are covered by a collective bargaining agreement negotiated 15 pursuant to chapter 20. 16 Sec. 513. SALARY MODEL ADMINISTRATOR. The salary model 17 administrator shall work in conjunction with the legislative 18 services agency to maintain the state’s salary model used for 19 analyzing, comparing, and projecting state employee salary 20 and benefit information, including information relating to 21 employees of the state board of regents. The department of 22 revenue, the department of administrative services, the five 23 institutions under the jurisdiction of the state board of 24 regents, the judicial district departments of correctional 25 services, and the state department of transportation shall 26 provide salary data to the department of management and the 27 legislative services agency to operate the state’s salary 28 model. The format and frequency of provision of the salary 29 data shall be determined by the department of management and 30 the legislative services agency. The information shall be 31 used in collective bargaining processes under chapter 20 and 32 in calculating the funding needs contained within the annual 33 salary adjustment legislation. A state employee organization 34 as defined in section 20.3, subsection 4, may request 35 -444- LSB 2811HV (1) 84 tm/jp 444/ 518
H.F. 697 information produced by the model, but the information provided 1 shall not contain information attributable to individual 2 employees. 3 Sec. 514. GROUP HEALTH INSURANCE PREMIUM COSTS FOR STATE 4 EMPLOYEES. 5 1. The state’s executive and judicial branch authorities 6 responsible for negotiating the collective bargaining 7 agreements entered into under chapter 20 shall engage in 8 discussions with the applicable state employee organizations 9 to renegotiate provisions involving health insurance coverage 10 of state employees and their families in order to achieve cost 11 savings for the state. The discussions shall include but 12 are not limited to a requirement for a state employee who is 13 covered by a collective bargaining agreement and is a member of 14 state group health insurance plan for employees of the state 15 established under chapter 509A to pay at least one hundred 16 dollars per month of the total premium for such health plan 17 coverage for single persons or increase the amount paid per 18 month for family coverage by the same amount that would be paid 19 for the single person’s coverage. 20 2. If collective bargaining agreements are renegotiated 21 to achieve cost savings pursuant to subsection 1, the cost 22 savings provisions shall also apply to state employees who are 23 not covered by collective bargaining as provided in chapter 24 20 and are members of a state group health insurance plan for 25 employees of the state established under chapter 509A. 26 3. Beginning on the effective date of this section, a state 27 legislator or legislative staff member who is a member of a 28 state group health insurance plan for employees of the state 29 established under chapter 509A shall pay at least one hundred 30 dollars per month of the total premium for such health care 31 coverage for single persons or increase the amount paid per 32 month for family coverage by the same amount that would be paid 33 for the single persons coverage. The payment amount shall be 34 determined by the legislative council, subject to the minimum 35 -445- LSB 2811HV (1) 84 tm/jp 445/ 518
H.F. 697 amount specified in this subsection. 1 Sec. 515. NEW SECTION . 8A.440 Group health insurance 2 premium costs. 3 1. Collective bargaining agreements entered into pursuant 4 to chapter 20 for state employees shall provide that a state 5 employee covered by that agreement who is a member of a 6 state group health insurance plan for employees of the state 7 established under chapter 509A shall pay at least one hundred 8 dollars per month of the total premium for such insurance for 9 single persons or increase the amount paid per month for family 10 coverage by the same amount that would be paid for the single 11 person’s coverage. 12 2. A state employee not covered by a collective bargaining 13 agreement as provided in chapter 20 who is a member of a 14 state group health insurance plan for employees of the state 15 established under chapter 509A shall pay the same amount per 16 month of the total premium for such insurance as is paid under 17 the collective bargaining agreement that covers the greatest 18 number of state employees in the state government entity 19 employing the state employee. 20 Sec. 516. APPLICABILITY. The section of this division 21 of this Act enacting section 8A.440, applies to collective 22 bargaining agreements entered into on or after the effective 23 date of that section of this division of this Act. 24 Sec. 517. EFFECTIVE UPON ENACTMENT. The following sections 25 of this division of this Act, being deemed of immediate 26 importance, take effect upon enactment: 27 1. The section of this division relating to group health 28 insurance premium costs for state employees. 29 2. The section of this division enacting section 8A.440. 30 3. The section of this division relating to applicability. 31 DIVISION LIX 32 STANDINGS 33 CORRECTIVE PROVISIONS 34 Sec. 518. Section 8.6, subsection 9A, as enacted by 2011 35 -446- LSB 2811HV (1) 84 tm/jp 446/ 518
H.F. 697 Iowa Acts, House File 45, section 39, is amended to read as 1 follows: 2 9A. Budget and tax rate databases. To develop and make 3 available to the public a searchable budget database and 4 internet site as required under chapter 8G, division subchapter 5 I , and to develop and make available to the public a searchable 6 tax rate database and internet site as required under chapter 7 8G, division subchapter II . 8 Sec. 519. Section 8.57E, subsection 3, paragraph a, as 9 enacted by 2011 Iowa Acts, Senate File 209, section 30, is 10 amended to read as follows: 11 a. Moneys in the taxpayer’s taxpayers trust fund may be 12 used for cash flow purposes during a fiscal year provided that 13 any moneys so allocated are returned to the fund by the end of 14 that fiscal year. 15 Sec. 520. Section 8G.13, as enacted by 2011 Iowa Acts, House 16 File 45, section 50, is amended to read as follows: 17 8G.13 Updating database. 18 To facilitate the department of management’s efforts in 19 creating and maintaining a searchable database of the taxes 20 identified in section 8G.12, subsection 3 1 , for all taxing 21 jurisdictions in the state, each taxing jurisdiction may 22 annually be required to report its tax rates to the department 23 of management or the department of revenue and shall report any 24 changes to its tax rates within thirty days of the change. 25 Sec. 521. Section 16.193, subsection 3, paragraph a, Code 26 2011, as amended by 2011 Iowa Acts, Senate File 475, section 27 11, is amended to read as follows: 28 a. During the term of the Iowa jobs program and Iowa jobs 29 II program, the Iowa finance authority shall collect data on 30 all of the projects approved for the program programs . The 31 department of management and the state agencies associated 32 with the projects shall assist the authority with the data 33 collection and in developing the report required by this 34 subsection . The authority shall report quarterly to the 35 -447- LSB 2811HV (1) 84 tm/jp 447/ 518
H.F. 697 governor and the general assembly concerning the data. 1 Sec. 522. Section 68A.401, subsection 4, Code 2011, as 2 amended by 2011 Iowa Acts, Senate File 475, section 17, is 3 amended to read as follows: 4 4. Political committees expressly advocating the 5 nomination, election, or defeat of candidates for both 6 federal office and any elected office created by law or the 7 Constitution of the State of Iowa shall file statements and 8 reports with the board in addition to any federal reports 9 required to be filed with the board. However, a political 10 committee that is registered and filing full disclosure 11 reports of all financial activities with the federal election 12 commission may file verified statements as provided in section 13 68B.201A 68A.201A . 14 Sec. 523. Section 139A.19, subsection 3, as enacted by 2011 15 Iowa Acts, House File 467, section 20, is amended to read as 16 follows: 17 3. This section does not preclude a hospital, clinic, other 18 health facility, or a health care provider from providing 19 notification to a care provider under circumstances in 20 which the hospital’s, clinic’s, other health facility’s, or 21 health care provider’s policy provides for notification of 22 the hospital’s, clinics clinic’s , other health facility’s, 23 or health care provider’s own employees of exposure to a 24 contagious or infectious disease that is not life-threatening 25 if the notice does not reveal a patient’s name, unless the 26 patient consents. 27 Sec. 524. Section 175.3, subsection 1, paragraph a, Code 28 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, 29 is amended to read as follows: 30 a. The agricultural development authority is established 31 within the department of agriculture and land stewardship. The 32 agency authority is constituted as a public instrumentality 33 and agency of the state exercising public and essential 34 governmental functions. 35 -448- LSB 2811HV (1) 84 tm/jp 448/ 518
H.F. 697 Sec. 525. Section 207.22, subsection 3, paragraph b, Code 1 2011, as amended by 2011 Iowa Acts, Senate File 475, section 2 47, is amended to read as follows: 3 b. Acquisition of coal refuse disposal sites and all 4 coal refuse thereon will serve the purposes of Tit. IV of 5 Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, 6 subch. IV, or that public ownership is desirable to meet 7 emergency situations and prevent recurrences of the adverse 8 effect of past coal mining practices. 9 Sec. 526. Section 232.71D, subsection 3, paragraph a, 10 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House 11 File 562, section 3, is amended to read as follows: 12 Unless any of the circumstances listed in paragraph “b” are 13 applicable, cases to which any of the following circumstances 14 apply shall not be placed on in the central registry: 15 Sec. 527. Section 256.7, subsection 26, paragraph a, 16 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 17 453, section 1, is amended to read as follows: 18 (1) The rules establishing high school graduation 19 requirements shall authorize a school district or 20 accredited nonpublic school to consider that any student who 21 satisfactorily completes a high school-level unit of English 22 or language arts, mathematics, science, or social studies has 23 satisfactorily completed a unit of the high school graduation 24 requirements for that area as specified in this lettered 25 paragraph, and to shall authorize the school district or 26 accredited nonpublic school to issue high school credit for the 27 unit to the student. 28 Sec. 528. Section 321.34, subsection 20C, paragraph a, 29 if enacted by 2011 Iowa Acts, House File 651, section 2, is 30 amended to read as follows: 31 a. The department, in consultation with the adjutant 32 general, shall design combat infantryman badge, combat action 33 badge, combat action ribbon, air force combat action medal, 34 and combat medical badge distinguishing processed emblems. 35 -449- LSB 2811HV (1) 84 tm/jp 449/ 518
H.F. 697 Upon receipt of two hundred fifty orders for special combat 1 infantryman badge, combat action badge, combat action ribbon, 2 air force combat action medal, or combat medical badge special 3 registration plates, accompanied by a start-up fee of twenty 4 dollars per order, the department shall begin issuing special 5 registration plates with the applicable distinguishing 6 processed emblem as provided in paragraphs “b” and “c” . The 7 minimum order requirement shall apply separately to each of the 8 special registration plates created under this subsection. 9 Sec. 529. Section 321.34, subsection 25, paragraph a, 10 if enacted by 2011 Iowa Acts, House File 651, section 2, is 11 amended to read as follows: 12 a. The department, in consultation with the adjutant 13 general, shall design a civil war sesquicentennial 14 distinguishing processed emblem. Upon receipt of two hundred 15 fifty orders for special civil war sesquicentennial special 16 registration plates, accompanied by a start-up fee of twenty 17 dollars per order, the department shall begin issuing special 18 registration plates with a civil war sesquicentennial processed 19 emblem as provided in paragraph “b” . 20 Sec. 530. Section 327B.5, Code 2011, is amended to read as 21 follows: 22 327B.5 Penalty. 23 Any person violating the provisions of this chapter shall, 24 upon conviction, be subject to a scheduled fine as provided in 25 section 805.8A, subsection 13 , paragraphs paragraph “f” and “g” . 26 Sec. 531. Section 422.11O, subsection 5, paragraph a, 27 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 28 531, section 17, is amended to read as follows: 29 (2) The E-15 plus gasoline promotion tax credit pursuant to 30 section 422.11Y. 31 Sec. 532. Section 422.11Y, subsection 1, paragraph d, if 32 enacted by 2011 Iowa Acts, Senate File 531, section 35, is 33 amended to read as follows: 34 d. “Tax credit” means the E-15 plus gasoline promotion tax 35 -450- LSB 2811HV (1) 84 tm/jp 450/ 518
H.F. 697 credit as provided in this section. 1 Sec. 533. Section 422.11Y, subsection 3, unnumbered 2 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, 3 section 35, is amended to read as follows: 4 The taxes imposed under this division, less the credits 5 allowed under section 422.12, shall be reduced by the amount of 6 the E-15 plus gasoline promotion tax credit for each tax year 7 that the taxpayer is eligible to claim a tax credit under this 8 subsection. 9 Sec. 534. Section 422.11Y, subsection 6, paragraph b, 10 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 11 531, section 35, is amended to read as follows: 12 (2) The retail dealer may claim the ethanol promotion 13 tax credit as provided in paragraph “a” for the same ethanol 14 gallonage used to calculate and claim the E-15 plus gasoline 15 promotion tax credit. 16 Sec. 535. Section 423.4, subsection 9, unnumbered paragraph 17 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59, 18 is amended to read as follows: 19 A person who qualifies as a biodiesel producer as provided in 20 this subsection may apply to the director for a refund of the 21 amount of the sales or use tax imposed and paid upon purchases 22 made by the person. 23 Sec. 536. Section 483A.24A, Code 2011, as amended by 2011 24 Iowa Acts, Senate File 194, section 10, is amended to read as 25 follows: 26 483A.24A License refunds —— military service. 27 Notwithstanding any provision of this chapter to the 28 contrary, a service member deployed for military service, both 29 as defined in section 29A.1, subsection 3 , shall receive a 30 refund of that portion of any license fee paid by the service 31 member representing the service member’s period of military 32 service. 33 Sec. 537. Section 501.101, subsection 01, as enacted by 34 2011 Iowa Acts, House File 348, section 7, is amended to read 35 -451- LSB 2811HV (1) 84 tm/jp 451/ 518
H.F. 697 as follows: 1 01. “Alternative voting method” means a method of voting 2 other than a written ballot, including voting by electronic, 3 telephonic, internet, or other means that reasonably allow 4 allows members the opportunity to vote. 5 Sec. 538. Section 501A.703, subsection 5, paragraph d, Code 6 2011, as amended by 2011 Iowa Acts, House File 348, section 19, 7 is amended to read as follows: 8 d. If the ballot of the member is received by the 9 cooperative on or before the date of the regular members’ 10 meeting or as otherwise prescribed for an alternative , voting 11 method, the ballot or alternative voting method shall be 12 accepted and counted as the vote of the absent member. 13 Sec. 539. Section 511.8, subsection 22, paragraph i, 14 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate 15 File 406, section 25, is amended to read as follows: 16 Securities held in the legal reserve of a life insurance 17 company or association pledged as collateral for financial 18 instruments used in highly effective hedging transactions as 19 defined in the national association of insurance commissioners’ 20 Statement statement of Statutory Accounting Principles No. 21 statutory accounting principles no. 86 shall continue to 22 be eligible for inclusion on in the legal reserve of the 23 life insurance company or association subject to all of the 24 following: 25 Sec. 540. Section 514J.109, subsection 3, paragraph f, 26 if enacted by 2011 Iowa Acts, House File 597, section 9, is 27 amended to read as follows: 28 f. The covered person or the covered person’s authorized 29 representative has provided all the information and forms 30 required by the commissioner that are necessary to process an 31 external review request pursuant to this section. 32 Sec. 541. Section 521F.4, subsection 1, paragraph b, as 33 enacted by 2011 Iowa Acts, Senate File 406, section 44, is 34 amended to read as follows: 35 -452- LSB 2811HV (1) 84 tm/jp 452/ 518
H.F. 697 b. The filing of a risk-based capital report by a health 1 organization which indicates that the health organization has 2 total adjusted capital which is greater than or equal to its 3 company-action-level risk-based capital but less than the 4 product of its authorized-control-level risk-based capital and 5 three and triggers the trend test determined in accordance with 6 the trend test calculations calculation included in the health 7 risk-based capital instructions. 8 Sec. 542. Section 524.310, subsection 5, paragraph b, Code 9 2011, as amended by 2011 Iowa Acts, Senate File 475, section 10 120, is amended to read as follows: 11 b. A corporate or company name reserved, registered, or 12 protected as provided in section 489.109, 490.402 , 490.403 , 13 490A.402 , 504.402 , or 504.403 . 14 Sec. 543. Section 717.3, subsection 5, paragraph b, Code 15 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, 16 is amended to read as follows: 17 b. That the department shall assume supervision of and 18 provide for the sustenance of the livestock and as provided in 19 section 717.4. 20 Sec. 544. Section 717.4, subsection 2, as enacted by 2011 21 Iowa Acts, Senate File 478, section 7, is amended to read as 22 follows: 23 2. The court ordered lien shall be for the benefit of the 24 department. The amount of the lien shall not be not more than 25 for expenses incurred in providing sustenance to the livestock 26 pursuant to section 717.3 and providing for the disposition of 27 the livestock pursuant to section 717.5. 28 Sec. 545. Section 717.4A, as enacted by 2011 Iowa Acts, 29 Senate File 478, section 8, is amended to read as follows: 30 717.4A Livestock in immediate need of sustenance —— livestock 31 remediation fund. 32 The department may utilize the moneys deposited into the 33 livestock remediation fund pursuant to section 459.501 to pay 34 for any expenses associated with providing sustenance to or 35 -453- LSB 2811HV (1) 84 tm/jp 453/ 518
H.F. 697 the disposition of the livestock pursuant to a court order 1 entered pursuant to section 717.3 or 717.5. The department 2 shall utilize moneys from the fund only to the extent that 3 the department determines that expenses cannot be timely 4 paid by utilizing the available provisions of sections 717.4 5 and 717.5. The department shall deposit any unexpended and 6 unobligated moneys in the fund. The department shall pay to 7 the fund the proceeds from the disposition of the livestock and 8 associated products less expenses incurred by the department in 9 providing for the sustenance and disposition of the livestock, 10 as provided in section 717.5. 11 Sec. 546. Section 903A.5, subsection 1, as enacted by 2011 12 Iowa Acts, House File 271, section 3, is amended to read as 13 follows: 14 1. An inmate shall not be discharged from the custody 15 of the director of the Iowa department of corrections until 16 the inmate has served the full term for which the inmate was 17 sentenced, less earned time and other credits earned and not 18 forfeited, unless the inmate is pardoned or otherwise legally 19 released. Earned time accrued and not forfeited shall apply 20 to reduce a mandatory minimum sentence being served pursuant 21 to section 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 22 An inmate shall be deemed to be serving the sentence from the 23 day on which the inmate is received into the institution. If 24 an inmate was confined to a county jail or other correctional 25 or mental facility at any time prior to sentencing, or after 26 sentencing but prior to the case having been decided on appeal, 27 because of failure to furnish bail or because of being charged 28 with a nonbailable offense, the inmate shall be given credit 29 for the days already served upon the term of the sentence. 30 However, if a person commits any offense while confined in a 31 county jail or other correctional or mental health facility, 32 the person shall not be granted jail credit for that offense. 33 Unless the inmate was confined in a correctional facility, 34 the sheriff of the county in which the inmate was confined 35 -454- LSB 2811HV (1) 84 tm/jp 454/ 518
H.F. 697 shall certify to the clerk of the district court from which 1 the inmate was sentenced and to the department of corrections’ 2 records administrator at the Iowa medical and classification 3 center the number of days so served. The department of 4 corrections’ records administrator, or the administrator’s 5 designee, shall apply jail credit as ordered by the court 6 of proper jurisdiction or as authorized by this section and 7 section 907.3, subsection 3 . 8 Sec. 547. EFFECTIVE DATES. 9 1. The section of this division of this Act amending section 10 422.11O, subsection 5, paragraph a, subparagraph (2), if 11 enacted by 2011 Iowa Acts, Senate File 531, section 17, takes 12 effect January 1, 2012. 13 2. Section 423.4, subsection 9, unnumbered paragraph 1, if 14 enacted by 2011 Iowa Acts, Senate File 531, section 59, takes 15 effect January 1, 2012. 16 Sec. 548. APPLICABILITY. 17 1. The section of this division of this Act amending section 18 422.11O, subsection 5, paragraph a, subparagraph (2), if 19 enacted by 2011 Iowa Acts, Senate File 531, section 17, applies 20 to tax years beginning on and after January 1, 2012. 21 2. The section of this division of this Act amending 22 section 422.11Y, subsection 1, paragraph d, if enacted by 2011 23 Iowa Acts, Senate File 531, section 35, applies to tax years 24 beginning on and after January 1, 2012, and to that part of a 25 retail dealer’s tax year or tax years occurring during that 26 portion of the calendar year beginning on and after July 1, 27 2011, and ending on December 31, 2011. 28 3. The section of this division of this Act amending section 29 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by 30 2011 Iowa Acts, Senate File 531, section 35, applies to tax 31 years beginning on and after January 1, 2012, and to that part 32 of a retail dealer’s tax year or tax years occurring during 33 that portion of the calendar year beginning on and after July 34 1, 2011, and ending on December 31, 2011. 35 -455- LSB 2811HV (1) 84 tm/jp 455/ 518
H.F. 697 4. The section of this division of this Act amending section 1 422.11Y, subsection 6, paragraph b, subparagraph (2), if 2 enacted by 2011 Iowa Acts, Senate File 531, section 35, applies 3 to tax years beginning on and after January 1, 2012, and to 4 that part of a retail dealer’s tax year or tax years occurring 5 during that portion of the calendar year beginning on and after 6 July 1, 2011, and ending on December 31, 2011. 7 DIVISION LX 8 STANDINGS 9 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 10 Sec. 549. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 11 1. There is appropriated from the general fund of the state 12 to the department of cultural affairs for the fiscal year 13 beginning July 1, 2010, and ending June 30, 2011, the following 14 amount, or so much thereof as is necessary, to be credited to 15 the BB-61 fund created in 2010 Iowa Acts, chapter 1194: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 17 2. If the department of the navy, pursuant to a process 18 outlined in a notice published in the federal register on 19 May 24, 2010, volume 75, number 99, awards possession or 20 conditionally awards possession of the battleship Iowa, 21 BB-61, to a nonprofit group that is eligible to receive the 22 battleship, the department of cultural affairs shall award a 23 grant to the nonprofit group in an amount equal to $3 million 24 in addition to any moneys awarded as a grant from the BB-61 25 fund. 26 3. Notwithstanding section 8.33, moneys appropriated in 27 this section that remain unencumbered or unobligated at the 28 close of the fiscal year shall not revert but shall remain 29 available for expenditure for the purposes designated for 30 succeeding fiscal years. 31 Sec. 550. STATE AGENCY OFFICE SUPPLIES PURCHASE, 32 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING 33 —— APPLICABILITY. The limitation on expenditures made for 34 office supplies, purchases of equipment, office equipment, and 35 -456- LSB 2811HV (1) 84 tm/jp 456/ 518
H.F. 697 equipment noninventory, printing and binding, and marketing 1 implemented pursuant to 2011 Iowa Acts, House File 45, section 2 2, does not apply to a department or agency receiving a 3 supplemental appropriation for the fiscal year beginning July 4 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division 5 III. 6 Sec. 551. Section 321J.2, subsection 4, paragraph b, Code 7 2011, is amended to read as follows: 8 b. Assessment of a minimum fine of one thousand eight 9 hundred fifty seventy-five dollars and a maximum fine of six 10 thousand two hundred fifty dollars. Surcharges and fees shall 11 be assessed pursuant to chapter 911 . 12 Sec. 552. REPEAL. Chapter 327K, Code 2011, is repealed. 13 Sec. 553. EFFECTIVE AND APPLICABILITY DATES. The section 14 of this division of this Act appropriating moneys to the 15 department of cultural affairs for purposes of a grant for the 16 battleship Iowa, BB-61, being deemed of immediate importance, 17 takes effect upon enactment and, if approved by the governor on 18 or after July 1, 2011, shall apply retroactively to June 30, 19 2011. 20 Sec. 554. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 21 APPLICABILITY. The provision of this division of this Act 22 relating to a limitation on state agency office supplies 23 purchase, equipment purchases, printing and binding, and 24 marketing as enacted by 2011 Iowa Acts, House File 45, being 25 deemed of immediate importance, takes effect upon enactment and 26 applies retroactively to March 7, 2011. 27 DIVISION LXI 28 STANDINGS 29 GROW IOWA VALUES FUND AND PROGRAM 30 Sec. 555. Section 15.103, subsection 6, Code 2011, is 31 amended to read as follows: 32 6. As part of the organizational structure of the 33 department, the board shall establish a due diligence 34 committee and a loan and credit guarantee committee composed 35 -457- LSB 2811HV (1) 84 tm/jp 457/ 518
H.F. 697 of members of the board. The committees shall serve in an 1 advisory capacity to the board and shall carry out any duties 2 assigned by the board in relation to programs administered 3 by the department. The loan and credit guarantee committee 4 shall advise the board on the winding up of loan guarantees 5 made under the loan and credit guarantee program established 6 pursuant to section 15E.224 , Code 2009 , and on the proper 7 amount of the allocation described in section 15G.111, 8 subsection 4 , paragraph “g” . 9 Sec. 556. Section 15.104, subsection 1, Code 2011, is 10 amended by striking the subsection. 11 Sec. 557. Section 15.104, subsection 8, paragraphs b and i, 12 Code 2011, are amended by striking the paragraphs. 13 Sec. 558. Section 15.104, subsection 8, paragraph j, Code 14 2011, is amended to read as follows: 15 j. Renewable fuel programs. A detailed accounting of 16 expenditures in support of renewable fuel infrastructure 17 programs, as provided in sections 15G.203 and 15G.204 . The 18 renewable fuel infrastructure board established in section 19 15G.202 shall approve that portion of the department’s annual 20 report regarding projects supported from the grow Iowa values 21 fund created in section 15G.111 . This paragraph is repealed on 22 July 1, 2012. 23 Sec. 559. Section 15.327, Code 2011, is amended by adding 24 the following new subsections: 25 NEW SUBSECTION . 01. “Base employment level” means the 26 number of full-time equivalent positions at a business, 27 as established by the department and a business using the 28 business’s payroll records, as of the date a business applies 29 for financial assistance under the program. 30 NEW SUBSECTION . 3A. “County wage” means the average hourly 31 compensation rates, excluding the value of nonwage benefits for 32 comparable jobs, from the most recent four quarters of wage 33 and employment information from the quarterly covered wage and 34 employment data report issued by the department of workforce 35 -458- LSB 2811HV (1) 84 tm/jp 458/ 518
H.F. 697 development. 1 NEW SUBSECTION . 7A. “Full-time equivalent position” means 2 a non-part-time position for the number of hours or days per 3 week considered to be full-time work for the kind of service 4 or work performed for an employer. Typically, a full-time 5 equivalent position requires two thousand eighty hours of work 6 in a calendar year, including all paid holidays, vacations, 7 sick time, and other paid leave. 8 NEW SUBSECTION . 7B. “Maintenance period” means the period 9 of time between the project completion date and maintenance 10 period completion date. 11 NEW SUBSECTION . 12A. “Regional wage” means the average 12 hourly compensation rates, excluding the value of nonwage 13 benefits for comparable jobs, from the most recent four 14 quarters of wage and employment information from the quarterly 15 covered wage and employment data report issued by the 16 department of workforce development. 17 Sec. 560. Section 15.327, subsections 1, 4, 7, 8, 10, 12, 18 and 13, Code 2011, are amended by striking the subsections and 19 inserting in lieu thereof the following: 20 1. “Benefit” means nonwage compensation provided to an 21 employee. Benefits typically include medical and dental 22 insurance plans, pension, retirement, and profit-sharing plans, 23 child care services, life insurance coverage, vision insurance 24 coverage, disability insurance coverage, and any other nonwage 25 compensation as determined by the board. 26 4. “Created job” means a new, permanent, full-time 27 equivalent position added to a business’s payroll in excess of 28 the business’s base employment level. 29 7. “Fiscal impact ratio” means a ratio calculated by 30 estimating the amount of taxes to be received from a business 31 by the state and dividing the estimate by the estimated cost 32 to the state of providing certain financial incentives to 33 the business, reflecting a ten-year period of taxation and 34 incentives and expressed in terms of current dollars. For 35 -459- LSB 2811HV (1) 84 tm/jp 459/ 518
H.F. 697 purposes of the program, “fiscal impact ratio” does not include 1 taxes received by political subdivisions. 2 8. “Maintenance period completion date” means the date on 3 which the maintenance period ends. 4 10. “Project completion date” means the date by which 5 a recipient of financial assistance has agreed to meet all 6 the terms and obligations contained in an agreement with the 7 department as described in section 15.330. 8 12. “Qualifying wage threshold” means the county wage or the 9 regional wage, as calculated pursuant to subsections 3A and 10 12A, whichever is lower. 11 13. “Retained job” means a full-time equivalent position, 12 in existence at the time an employer applies for financial 13 assistance which remains continuously filled or authorized 14 to be filled as soon as possible and which is at risk of 15 elimination if the project for which the employer is seeking 16 assistance does not proceed. 17 Sec. 561. Section 15.329, subsection 2, Code 2011, is 18 amended to read as follows: 19 2. A business providing a sufficient package of benefits to 20 each employee holding a created or retained job shall qualify 21 for a credit against the qualifying wage threshold requirements 22 described in subsection 1 , paragraph “c” . The credit shall be 23 calculated and applied in the following manner : described in 24 section 15G.112, subsection 4 , paragraph “b” . 25 a. By multiplying the qualifying wage threshold of 26 the county in which the business is located by one and 27 three-tenths. 28 b. By multiplying the result of paragraph “a” by one-tenth. 29 c. The amount of the result of paragraph “b” shall be 30 credited against the amount of the one hundred thirty percent 31 qualifying wage threshold requirement that the business is 32 required to meet under subsection 1, paragraph “c” . 33 d. The credit shall not be applied against the one hundred 34 percent of qualifying wage threshold requirement described in 35 -460- LSB 2811HV (1) 84 tm/jp 460/ 518
H.F. 697 subsection 1, paragraph “c” . 1 Sec. 562. Section 15.330, subsection 4, Code 2011, is 2 amended to read as follows: 3 4. A project completion date, a maintenance period 4 completion date, the number of jobs to be created or retained, 5 or certain other terms and obligations described in section 6 15G.112, subsection 1 , paragraph “d” an agreement , as the 7 department deems necessary in order to make the requirements in 8 project agreements uniform. The department, with the approval 9 of the board, may adopt rules as necessary for making such 10 requirements uniform. Such rules shall be in compliance with 11 the provisions of this part and with the provisions of chapter 12 15G . 13 Sec. 563. Section 15.335A, subsection 1, unnumbered 14 paragraph 1, Code 2011, is amended to read as follows: 15 Tax incentives are available to eligible businesses as 16 provided in this section . The incentives are based upon the 17 number of jobs created or retained that pay at least one 18 hundred thirty percent of the qualifying wage threshold as 19 computed pursuant to section 15G.112 15.329 , subsection 4 1 , 20 and the amount of the qualifying investment made according to 21 the following schedule: 22 Sec. 564. Section 15.335A, subsection 2, paragraphs b, c, f, 23 and g, Code 2011, are amended by striking the paragraphs. 24 Sec. 565. Section 15.335A, subsection 5, Code 2011, is 25 amended to read as follows: 26 5. The department shall negotiate the amount of tax 27 incentives provided to an applicant under the program 28 in accordance with this section and section 15G.112 , as 29 applicable . 30 Sec. 566. Section 15A.7, subsection 3, Code 2011, is amended 31 to read as follows: 32 3. That the employer shall agree to pay wages for the jobs 33 for which the credit is taken of at least the county wage or 34 the regional wage, as calculated by the department pursuant to 35 -461- LSB 2811HV (1) 84 tm/jp 461/ 518
H.F. 697 section 15G.112, subsection 3 15.327, subsections 3A and 12A , 1 whichever is lower. Eligibility for the supplemental credit 2 shall be based on a one-time determination of starting wages by 3 the community college. 4 Sec. 567. Section 15E.193, subsection 1, paragraphs b 5 through d, Code 2011, are amended to read as follows: 6 b. (1) The business shall provide a sufficient package of 7 benefits to each employee holding a created or retained job. 8 For purposes of this paragraph, “created job” and “retained job” 9 have the same meaning as defined in section 15G.101 15.327 . 10 (2) The board, upon the recommendation of the department, 11 shall adopt rules determining what constitutes a sufficient 12 package of benefits. 13 c. The business shall pay a wage that is at least ninety 14 percent of the qualifying wage threshold. For purposes of this 15 paragraph, “qualifying wage threshold” has the same meaning as 16 defined in section 15G.101 15.327 . 17 d. Creates or retains at least ten full-time equivalent 18 positions and maintains them until the maintenance period 19 completion date. For purposes of this paragraph, “maintenance 20 period completion date” and “full-time equivalent position” have 21 the same meanings as defined in section 15G.101 15.327 . 22 Sec. 568. Section 15E.231, unnumbered paragraph 1, Code 23 2011, is amended to read as follows: 24 In order for an An economic development region to receive 25 moneys under the grow Iowa values financial assistance program 26 established in section 15G.112 , an shall establish a regional 27 development plan. An economic development region’s regional 28 development plan must be approved by the department. An 29 economic development region shall consist of not less than 30 three counties, unless two contiguous counties have a combined 31 population of at least three hundred thousand based on the 32 most recent federal decennial census. An economic development 33 region shall establish a focused economic development effort 34 that shall include a regional development plan relating to one 35 -462- LSB 2811HV (1) 84 tm/jp 462/ 518
H.F. 697 or more of the following areas: 1 Sec. 569. Section 15E.232, subsections 1, 3, 4, 5, 6, and 7, 2 Code 2011, are amended by striking the subsections. 3 Sec. 570. Section 15E.351, subsection 1, Code 2011, is 4 amended to read as follows: 5 1. The department shall establish and administer a business 6 accelerator program to provide financial assistance for 7 the establishment and operation of a business accelerator 8 for technology-based, value-added agricultural, information 9 solutions, alternative and renewable energy including the 10 alternative and renewable energy sectors listed in section 11 476.42, subsection 1 , paragraph “a” , or advanced manufacturing 12 start-up businesses or for a satellite of an existing business 13 accelerator. The program shall be designed to foster the 14 accelerated growth of new and existing businesses through the 15 provision of technical assistance. The department, subject to 16 the approval of the economic development board, may provide 17 financial assistance under this section from moneys allocated 18 for regional financial assistance pursuant to section 15G.111, 19 subsection 9 . 20 Sec. 571. Section 159A.6B, subsection 2, Code 2011, is 21 amended to read as follows: 22 2. The office may execute contracts in order to provide 23 technical support and outreach services for purposes of 24 assisting and educating interested persons as provided in this 25 section . The office may also contract with a consultant to 26 provide part or all of these services. The office may require 27 that a person receiving assistance pursuant to this section 28 contribute up to fifty percent of the amount required to 29 support the costs of contracting with the consultant to provide 30 assistance to the person. The office shall assist the person 31 in completing any technical information required in order to 32 receive assistance by the department of economic development 33 pursuant to the value-added agriculture component of the grow 34 Iowa values financial assistance program established pursuant 35 -463- LSB 2811HV (1) 84 tm/jp 463/ 518
H.F. 697 to section 15G.112 . 1 Sec. 572. Section 455B.104, subsection 2, Code 2011, is 2 amended by striking the subsection. 3 Sec. 573. 2010 Iowa Acts, chapter 1184, section 26, is 4 amended to read as follows: 5 SEC. 26. GROW IOWA VALUES FUND. 6 1. There is appropriated from the rebuild Iowa 7 infrastructure fund to the department of economic development 8 for deposit in the grow Iowa values fund, for the fiscal year 9 beginning July 1, 2010, and ending June 30, 2011, the following 10 amount, notwithstanding section 8.57, subsection 6, paragraph 11 “c”: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 13 2. On the effective date of this section of this 2011 Iowa 14 Act, any unobligated and unencumbered moneys appropriated in 15 this section and section 27 of this 2010 Iowa Act, shall revert 16 to the general fund of the state. Any repayments of moneys 17 loaned from moneys appropriated in this section and section 27 18 of this 2010 Iowa Act, and received after the effective date 19 of this 2011 Iowa Act, shall be credited to the general fund of 20 the state. 21 Sec. 574. 2010 Iowa Acts, chapter 1184, section 27, is 22 amended to read as follows: 23 SEC. 27. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. 24 1. In lieu of the $50,000,000 appropriated for the fiscal 25 year beginning July 1, 2010, and ending June 30, 2011, from 26 the grow Iowa values fund to the department of economic 27 development pursuant to section 15G.111, subsection 3, there is 28 appropriated from the grow Iowa values fund to the department 29 of economic development for the fiscal year beginning July 1, 30 2010, and ending June 30, 2011, $38,000,000 for the purposes of 31 making expenditures pursuant to chapter 15G. 32 2. On the effective date of this section of this 2011 Iowa 33 Act, an entity receiving moneys appropriated pursuant to this 34 section, with the exception of moneys allocated pursuant to 35 -464- LSB 2811HV (1) 84 tm/jp 464/ 518
H.F. 697 section 28, subsections 2 and 5, of this 2010 Iowa Act, shall 1 cease obligating or encumbering such moneys. 2 Sec. 575. REPEAL. Section 15E.233, Code 2011, is repealed. 3 Sec. 576. REPEAL. Sections 15G.101 and 15G.109 through 4 15G.115, Code 2011, are repealed. 5 Sec. 577. REPEAL. Section 266.19, Code 2011, is repealed. 6 Sec. 578. REPEAL. Section 455B.433, Code 2011, is repealed. 7 Sec. 579. EFFECTIVE DATE. The provisions of this division 8 of this Act amending 2010 Iowa Acts, chapter 1184, being deemed 9 of immediate importance, take effect upon enactment. 10 DIVISION LXII 11 STANDINGS 12 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2013-2014 13 Sec. 580. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— 14 FY 2013-2014. Notwithstanding section 331.439, subsection 3, 15 the allowed growth factor adjustment for county mental health, 16 mental retardation, and developmental disabilities service 17 expenditures for the fiscal year beginning July 1, 2013, shall 18 be established by statute which shall be enacted within thirty 19 calendar days of the convening of the Eighty-fifth General 20 Assembly, 2013 Session, on January 14, 2013. The governor 21 shall submit to the general assembly a recommendation for such 22 allowed growth factor adjustment and the amounts of related 23 appropriations to the general assembly on or before January 14, 24 2013. 25 DIVISION LXIII 26 STANDINGS 27 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2012-2013 28 Sec. 581. BUDGET PROCESS FOR FISCAL YEAR 2013-2014. 29 1. For the budget process applicable to the fiscal year 30 beginning July 1, 2013, on or before October 1, 2012, in lieu 31 of the information specified in section 8.23, subsection 1 , 32 unnumbered paragraph 1, and paragraph “a”, all departments and 33 establishments of the government shall transmit to the director 34 of the department of management, on blanks to be furnished by 35 -465- LSB 2811HV (1) 84 tm/jp 465/ 518
H.F. 697 the director, estimates of their expenditure requirements, 1 including every proposed expenditure, for the ensuing fiscal 2 year, together with supporting data and explanations as called 3 for by the director of the department of management after 4 consultation with the legislative services agency. 5 2. The estimates of expenditure requirements shall be 6 in a form specified by the director of the department of 7 management, and the expenditure requirements shall include all 8 proposed expenditures and shall be prioritized by program or 9 the results to be achieved. The estimates shall be accompanied 10 by performance measures for evaluating the effectiveness of the 11 programs or results. 12 Sec. 582. LIMITATION OF STANDING APPROPRIATIONS. 13 Notwithstanding the standing appropriations in the following 14 designated sections for the fiscal year beginning July 1, 2012, 15 and ending June 30, 2013, the amounts appropriated from the 16 general fund of the state pursuant to these sections for the 17 following designated purposes shall not exceed the following 18 amounts: 19 1. For performance of duty by the executive council in 20 sections 7D.29, 8A.321, and 29C.20: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 22 2. For operational support grants and community cultural 23 grants under section 99F.11, subsection 3 , paragraph “d”, 24 subparagraph (1): 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 26 3. For regional tourism marketing under section 99F.11, 27 subsection 3 , paragraph “d”, subparagraph (2): 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 29 4. For the center for congenital and inherited disorders 30 central registry under section 144.13A, subsection 4 , paragraph 31 “a”: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 33 5. For primary and secondary child abuse prevention 34 programs under section 144.13A, subsection 4 , paragraph “a”: 35 -466- LSB 2811HV (1) 84 tm/jp 466/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 1 6. For programs for at-risk children under section 279.51 : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,804,258 3 The amount of any reduction in this subsection shall be 4 prorated among the programs specified in section 279.51, 5 subsection 1 , paragraphs “a”, “b”, and “c”. 6 7. For payment for nonpublic school transportation under 7 section 285.2 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 9 If total approved claims for reimbursement for nonpublic 10 school pupil transportation exceed the amount appropriated in 11 accordance with this subsection, the department of education 12 shall prorate the amount of each approved claim. 13 8. For the enforcement of chapter 453D relating to tobacco 14 product manufacturers under section 453D.8 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 16 Sec. 583. APPROPRIATION —— FARMERS WITH 17 DISABILITIES. There is appropriated from the general fund of 18 the state to the department of agriculture and land stewardship 19 for the fiscal year beginning July 1, 2012, and ending June 30, 20 2013, the following amount, or so much thereof as is necessary, 21 for a program for farmers with disabilities: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82,450 23 The moneys appropriated in this section shall be used 24 for the public purpose of providing a grant to a national 25 nonprofit organization with over 80 years of experience in 26 assisting children and adults with disabilities and special 27 needs. The moneys shall be used to support a nationally 28 recognized program that began in 1986 and has been replicated 29 in at least 30 other states, but which is not available through 30 any other entity in this state, and that provides assistance 31 to farmers with disabilities in all 99 counties to allow the 32 farmers to remain in their own homes and be gainfully engaged 33 in farming through provision of agricultural worksite and home 34 modification consultations, peer support services, services 35 -467- LSB 2811HV (1) 84 tm/jp 467/ 518
H.F. 697 to families, information and referral, and equipment loan 1 services. Notwithstanding section 8.33, moneys appropriated 2 in this section that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available for expenditure for the purposes designated until the 5 close of the succeeding fiscal year. 6 Sec. 584. INSTRUCTIONAL SUPPORT STATE AID —— FY 7 2012-2013. In lieu of the appropriation provided in section 8 257.20, subsection 2, the appropriation for the fiscal year 9 beginning July 1, 2012, and ending June 30, 2013, for paying 10 instructional support state aid under section 257.20 for fiscal 11 year 2012-2013 is zero. 12 Sec. 585. Section 257.35, Code 2011, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 5B. Notwithstanding subsection 1, and in 15 addition to the reduction applicable pursuant to subsection 16 2, the state aid for area education agencies and the portion 17 of the combined district cost calculated for these agencies 18 for the fiscal year beginning July 1, 2012, and ending June 19 30, 2013, shall be reduced by the department of management by 20 twenty million dollars. The reduction for each area education 21 agency shall be prorated based on the reduction that the agency 22 received in the fiscal year beginning July 1, 2003. 23 DIVISION LXIV 24 STANDINGS 25 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2012-2013 26 Sec. 586. BONUS PAY. For the fiscal years beginning July 27 1, 2012, and July 1, 2013, employees of the executive branch, 28 judicial branch, and legislative branch shall not receive bonus 29 pay unless otherwise authorized by law, required pursuant to 30 a contract of employment entered into before July 1, 2012, 31 or required pursuant to a collective bargaining agreement. 32 This section does not apply to employees of the state board of 33 regents who receive bonuses funded by nonpublic moneys. For 34 purposes of this section, “bonus pay” means any additional 35 -468- LSB 2811HV (1) 84 tm/jp 468/ 518
H.F. 697 remuneration provided an employee in the form of a bonus, 1 including but not limited to a retention bonus, recruitment 2 bonus, exceptional job performance pay, extraordinary job 3 performance pay, exceptional performance pay, extraordinary 4 duty pay, or extraordinary or special duty pay, and any extra 5 benefit not otherwise provided to other similarly situated 6 employees. 7 Sec. 587. SALARY INCREASES —— CERTAIN REVOLVING FUNDS. 8 1. For the fiscal years beginning July 1, 2012, and July 9 1, 2013, there is appropriated from the gaming enforcement 10 revolving fund an amount necessary for funding annual pay 11 adjustments and related benefits for agents and officers of 12 the division of criminal investigation’s racetrack, excursion 13 boat, or gambling structure enforcement activities. Moneys 14 appropriated pursuant to this subsection shall be in addition 15 to and supplement other appropriations from the fund. 16 2. For the fiscal years beginning July 1, 2012, and July 17 1, 2013, there is appropriated from the gaming regulatory 18 revolving fund, if enacted by the Eighty-fourth General 19 Assembly, 2011 or 2012 session, an amount necessary for funding 20 annual pay adjustments and related benefits for positions 21 in the racing and gaming commission of the department of 22 inspections and appeals who are assigned to administration and 23 enforcement of the excursion boat and gambling structure laws. 24 Moneys appropriated pursuant to this subsection shall be in 25 addition to and supplement other appropriations from the fund. 26 Sec. 588. STATE TROOPER MEAL ALLOWANCE. For the fiscal 27 years beginning July 1, 2012, and July 1, 2013, the sworn peace 28 officers in the department of public safety who are not covered 29 by a collective bargaining agreement negotiated pursuant to 30 chapter 20 shall receive the same per diem meal allowance as 31 the sworn peace officers in the department of public safety who 32 are covered by a collective bargaining agreement negotiated 33 pursuant to chapter 20. 34 Sec. 589. SALARY MODEL ADMINISTRATOR. The salary model 35 -469- LSB 2811HV (1) 84 tm/jp 469/ 518
H.F. 697 administrator shall work in conjunction with the legislative 1 services agency to maintain the state’s salary model used for 2 analyzing, comparing, and projecting state employee salary 3 and benefit information, including information relating to 4 employees of the state board of regents. The department of 5 revenue, the department of administrative services, the five 6 institutions under the jurisdiction of the state board of 7 regents, the judicial district departments of correctional 8 services, and the state department of transportation shall 9 provide salary data to the department of management and the 10 legislative services agency to operate the state’s salary 11 model. The format and frequency of provision of the salary 12 data shall be determined by the department of management and 13 the legislative services agency. The information shall be 14 used in collective bargaining processes under chapter 20 and 15 in calculating the funding needs contained within the annual 16 salary adjustment legislation. A state employee organization 17 as defined in section 20.3, subsection 4, may request 18 information produced by the model, but the information provided 19 shall not contain information attributable to individual 20 employees. 21 DIVISION LXV 22 STANDINGS 23 SALES TAX REVENUES —— TRANSFERS 24 Sec. 590. Section 423E.4, subsection 1, unnumbered 25 paragraph 1, Code 2011, is amended to read as follows: 26 The moneys credited in a fiscal year to the secure an 27 advanced vision for education fund shall , following the 28 transfer required under section 423F.2, subsection 3, paragraph 29 “a” , be distributed as follows: 30 Sec. 591. Section 423E.4, subsection 2, paragraph b, 31 subparagraphs (3) and (4), Code 2011, are amended to read as 32 follows: 33 (3) “Statewide tax revenues per student” means the amount 34 determined by estimating the total revenues that would be 35 -470- LSB 2811HV (1) 84 tm/jp 470/ 518
H.F. 697 generated by a one percent local option sales and services 1 tax for school infrastructure purposes if imposed by all the 2 counties during the entire fiscal year , minus the amount 3 required to be transferred under section 423F.2, subsection 4 3, paragraph “a” , and dividing this estimated revenue amount 5 by the sum of the combined actual enrollment for all counties 6 as determined in section 423E.3, subsection 3 , paragraph “a” , 7 subparagraph (2). 8 (4) “Supplemental school infrastructure amount” means the 9 guaranteed school infrastructure amount for the school district 10 less its pro rata share , following the required transfer of 11 revenues from the secure an advanced vision for education fund 12 under section 423F.2, subsection 3, paragraph “a” , of local 13 sales and services tax for school infrastructure purposes as 14 provided in section 423E.3, subsection 3 , paragraph “a” . 15 Sec. 592. Section 423F.2, subsection 1, paragraph b, Code 16 2011, is amended to read as follows: 17 b. The increase in the state sales, services, and use taxes 18 under chapter 423, subchapters II and III , from five percent 19 to six percent shall replace the repeal of the county’s local 20 sales and services tax for school infrastructure purposes. The 21 distribution of moneys in the secure an advanced vision for 22 education fund , following the transfer under subsection 3, 23 paragraph “a” , and the use of the moneys for infrastructure 24 purposes or property tax relief shall be as provided in this 25 chapter . However, the formula for the distribution of the 26 moneys in the fund shall be based upon amounts that would have 27 been received if the local sales and services taxes under 28 former chapter 423E, Code and Code Supplement 2007, continued 29 in existence. 30 Sec. 593. Section 423F.2, subsection 3, Code 2011, is 31 amended to read as follows: 32 3. a. For the fiscal year beginning July 1, 2011, and each 33 fiscal year thereafter, and prior to any distribution of moneys 34 for the purposes under paragraph “b” , there is transferred 35 -471- LSB 2811HV (1) 84 tm/jp 471/ 518
H.F. 697 to the property tax equity and relief fund from state sales, 1 services, and use tax revenues collected and deposited in 2 the secure an advanced vision for education fund during the 3 fiscal year for which the transfer is made an amount equal to 4 twenty-five million dollars minus the amount credited to the 5 property tax equity and relief fund under paragraph “b” for 6 use in the fiscal year for which the transfer is made if such 7 amount credited to the fund under paragraph “b” for use in 8 the fiscal year for which the transfer is made is less than 9 twenty-five million dollars. 10 b. The moneys available in a fiscal year in the secure an 11 advanced vision for education fund , following the transfer of 12 such amounts required under paragraph “a” , shall be distributed 13 by the department of revenue to each school district in an 14 amount equal to the amount the school district would have 15 received pursuant to the formula in section 423E.4 as if the 16 local sales and services tax for school infrastructure purposes 17 was imposed. Moneys in a fiscal year that are in excess of that 18 needed to provide each school district with its formula amount 19 shall be distributed and credited to the property tax equity 20 and relief fund created in section 257.16A . 21 DIVISION LXVI 22 STANDINGS 23 REGULAR PROGRAM AND CATEGORICAL STATE PERCENT 24 OF GROWTH FOR EDUCATION —— FY 2012-2013 25 Sec. 594. Section 257.8, subsection 1, Code 2011, is amended 26 to read as follows: 27 1. State percent of growth. The state percent of growth 28 for the budget year beginning July 1, 2009, is four percent. 29 The state percent of growth for the budget year beginning July 30 1, 2010, is two percent. The state percent of growth for the 31 budget year beginning July 1, 2012, is two percent. The state 32 percent of growth for each subsequent budget year shall be 33 established by statute which shall be enacted within thirty 34 days of the submission in the year preceding the base year of 35 -472- LSB 2811HV (1) 84 tm/jp 472/ 518
H.F. 697 the governor’s budget under section 8.21 . The establishment of 1 the state percent of growth for a budget year shall be the only 2 subject matter of the bill which enacts the state percent of 3 growth for a budget year. 4 Sec. 595. Section 257.8, subsection 2, Code 2011, is amended 5 to read as follows: 6 2. Categorical state percent of growth. The categorical 7 state percent of growth for the budget year beginning July 1, 8 2010, is two percent. The categorical state percent of growth 9 for the budget year beginning July 1, 2012, is two percent. 10 The categorical state percent of growth for each budget year 11 shall be established by statute which shall be enacted within 12 thirty days of the submission in the year preceding the 13 base year of the governor’s budget under section 8.21 . The 14 establishment of the categorical state percent of growth for a 15 budget year shall be the only subject matter of the bill which 16 enacts the categorical state percent of growth for a budget 17 year. The categorical state percent of growth may include 18 state percents of growth for the teacher salary supplement, the 19 professional development supplement, and the early intervention 20 supplement. 21 Sec. 596. CODE SECTION 257.8 —— APPLICABILITY. The 22 requirements of section 257.8 regarding the time period 23 of enactment and the subject matter of the legislation 24 establishing the state percent of growth and the categorical 25 state percent of growth for a budget year are not applicable 26 to the division. The requirements of section 257.8 regarding 27 enactment of the regular program state percent of growth and 28 categorical state percent of growth within thirty days of 29 the submission in the year preceding the base year of the 30 governor’s budget and the requirements that the subject matter 31 of each bill establishing the state percent of growth or the 32 categorical state percent of growth be the only subject matter 33 of the bill do not apply to this division of this Act. 34 Sec. 597. APPLICABILITY. This division of this Act is 35 -473- LSB 2811HV (1) 84 tm/jp 473/ 518
H.F. 697 applicable for computing state aid under the state school 1 foundation program for the school budget year beginning July 2 1, 2012. 3 DIVISION LXVII 4 APPROPRIATION TRANSFERS 5 REBUILD IOWA INFRASTRUCTURE FUND 6 Sec. 598. 2010 Iowa Acts, chapter 1184, section 26, is 7 amended to read as follows: 8 SEC. 26. There is appropriated from the rebuild Iowa 9 infrastructure fund to the department of economic development 10 for deposit in the grow Iowa values fund, for the fiscal year 11 beginning July 1, 2010, and ending June 30, 2011, the following 12 amount, notwithstanding section 8.57, subsection 6 , paragraph 13 “c”: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 15 Of the moneys appropriated in this section, from the 16 amount allocated to the department of economic development 17 in accordance with 2010 Iowa Acts, chapter 1184, section 28, 18 subsection 1, $1,200,000 shall be used for the department’s 19 Iowans helping Iowans business assistance program. 20 Notwithstanding section 8.33, moneys designated pursuant 21 to this unnumbered paragraph that remain unencumbered or 22 unobligated at the close of the fiscal year shall not revert 23 but shall remain available for expenditure for the purposes 24 designated until the close of the succeeding fiscal year. 25 CASH RESERVE FUND 26 Sec. 599. 2010 Iowa Acts, chapter 1193, section 90, 27 subsection 1, is amended to read as follows: 28 1. DEPARTMENT OF HUMAN SERVICES 29 For the medical assistance program: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,800,000 31 a. Of the moneys appropriated in this subsection, the 32 following amounts shall be transferred as follows: 33 (1) To the Iowa finance authority to be used for the Iowans 34 helping Iowans housing assistance program: 35 -474- LSB 2811HV (1) 84 tm/jp 474/ 518
H.F. 697 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,050,000 1 (2) To the department of human services to be used for the 2 unmet needs program administered by the department: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,056,603 4 b. Notwithstanding section 8.33, moneys transferred 5 pursuant to paragraph “a” that remain unencumbered or 6 unobligated at the close of the fiscal year shall not revert 7 but shall remain available for expenditure for the purposes 8 designated until the close of the succeeding fiscal year. 9 Sec. 600. EFFECTIVE DATE —— APPLICABILITY. 10 1. This division of this Act being deemed of immediate 11 importance takes effect upon enactment. 12 2. The provisions of this division of this Act providing 13 for transfers are retroactively applicable to August 27, 14 2010, and apply in lieu of the transfers made for the same 15 purposes by the executive branch, as reported by the department 16 of management in the transfer notice to the governor and 17 lieutenant governor dated August 27, 2010. 18 DIVISION LXVIII 19 TAXATION 20 Sec. 601. TAXATION. It is the intent of the general 21 assembly to address the issues of property taxation and income 22 taxation during the 2011 legislative session. 23 DIVISION LXIX 24 CONDITIONAL RETROACTIVE APPLICABILITY 25 Sec. 602. RETROACTIVE APPLICABILITY. Unless otherwise 26 provided, this Act, if approved by the governor after July 1, 27 2011, shall apply retroactively to July 1, 2011. 28 EXPLANATION 29 ADMINISTRATION AND REGULATION —— FY 2011-2012. This 30 division of the bill relates to and appropriates moneys to 31 various state departments, agencies, and funds for the fiscal 32 year beginning July 1, 2011, and ending June 30, 2012. The 33 division makes appropriations to state departments and agencies 34 including the department of administrative services, auditor of 35 -475- LSB 2811HV (1) 84 tm/jp 475/ 518
H.F. 697 state, Iowa ethics and campaign disclosure board, department 1 of commerce, offices of governor and lieutenant governor, the 2 governor’s office of drug control policy, department of human 3 rights, department of inspections and appeals, department 4 of management, department of revenue, secretary of state, 5 treasurer of state, and Iowa public employees’ retirement 6 system. 7 The division appropriates moneys from the IowAccess 8 revolving fund to the office of the secretary of state for 9 costs associated with decennial redistricting for the fiscal 10 year beginning July 1, 2011, and ending June 30, 2012. 11 The division directs the auditor of state to allocate 12 resources from amounts appropriated in the bill solely for 13 audit work related to the comprehensive annual financial 14 report, federally required audits, and investigations 15 of embezzlement, theft, or other significant financial 16 irregularities until the audit of the comprehensive annual 17 financial report is complete. 18 The division allocates a portion of moneys appropriated to 19 the alcoholic beverages division to establish and implement 20 a web-based alcohol compliance employee training program for 21 alcoholic beverage sales personnel. 22 The division appropriates moneys to the utilities division 23 of the department of commerce for implementation of legislation 24 relating to the permitting, licensing, construction, and 25 operation of nuclear generation facilities and establishing 26 rate-making principles in relation thereto, if enacted during 27 the 2011 legislative session. 28 The division authorizes not more than 2.00 FTEs for the 29 investigations division of the department of inspections and 30 appeals to be used to implement specified provisions of Senate 31 File 313 or successor legislation relating to debt setoff or 32 other recovery activities for nonpayment of premiums. 33 The division directs the department of administrative 34 services to disconnect electricity to the heated sidewalk 35 -476- LSB 2811HV (1) 84 tm/jp 476/ 518
H.F. 697 installed in the entry walkway on the East side of the state 1 capitol building, and not to reconnect the electricity without 2 the authorization of the general assembly. 3 The division eliminates provisions relating to state 4 purchases of recycled and soybean-based products, and reporting 5 requirements related thereto. 6 The division modifies provisions relating to the awarding 7 of state construction contracts to provide for disclosure 8 to the state agency awarding the contract the names of 9 all subcontractors and suppliers, and modifies related 10 requirements. 11 The division modifies a provision relating to the leasing of 12 building and office space by the department of administrative 13 services at the seat of government to refer to buildings 14 and office space wherever located throughout the state, and 15 provides that the director of the department shall develop 16 cooperative relationships with the state board of regents 17 in order to promote colocation of state agencies. The 18 division specifies implementation provisions relating to these 19 modifications. 20 The division requires the department of administrative 21 services to implement a request for proposals by September 30, 22 2011, to enter into a contract for the purpose of renting or 23 leasing state passenger vehicles, as defined in the division, 24 from a private entity with sufficient inventory and personnel 25 to accommodate the needs of the state. The division provides 26 that by March 1, 2012, the department shall award a contract 27 for rental or leasing to the private entity, and assign 28 passenger vehicles for rental or lease, to the extent the 29 department determines doing so would be economically feasible 30 and financially advantageous. If a contract is entered into, 31 the division states that all state-assigned passenger vehicles 32 located in any county which can support the operation of a 33 rental and leasing entity, which the department determines 34 would be suitable for rental or leasing, shall be returned to 35 -477- LSB 2811HV (1) 84 tm/jp 477/ 518
H.F. 697 the department for sale or disposal by the private entity. 1 The division absolves the private entity from liability to 2 a third party due to negligence on the part of the state 3 or its employees, and requires the department to evaluate 4 the economic advantages of state ownership versus rental or 5 leasing and adjust the number of vehicles subject to the 6 contract accordingly. The division makes conforming changes 7 consistent with these provisions, and eliminates Code section 8 8A.362, subsection 5, which requires that a minimum of 10 9 percent of new state-owned passenger vehicles and light pickup 10 trucks shall be equipped with engines which utilize specified 11 alternative methods of propulsion. 12 The division directs the department of administrative 13 services to develop and maintain an electronic travel 14 authorization form to be used for any executive branch 15 employee’s reimbursable travel, conference, or related 16 expenditures associated with the employee’s official duties, 17 and a searchable database available on the department’s 18 internet site containing specified travel-related information. 19 The division states that a claim for reimbursement for any 20 travel, conference, or related expenditures shall only be 21 allowed after the electronic travel authorization form is 22 approved by the head of the employee’s department, and the 23 request for reimbursement is submitted by the employee on the 24 appropriate form with required approvals. “Executive branch 25 employee” is defined as an employee of the executive branch as 26 defined in Code section 7D.2, other than a member or employee 27 of the state board of regents and institutions under the 28 control of the state board of regents. The division specifies 29 implementation provisions relating to these modifications. 30 The division adds to a definition of “data processing 31 software” contained in Code section 22.3A, subsection 1, 32 paragraph “e”, associated documentation in relation to an 33 operating system, compiler, assembler, utility, library 34 resource, maintenance routine, application, or computer 35 -478- LSB 2811HV (1) 84 tm/jp 478/ 518
H.F. 697 networking program. 1 The division adds to a provision relating to providing 2 notice of a breach of security contained in Code section 3 715C.2, subsection 1, that notice shall also be provided to the 4 attorney general as to the timing, content, and distribution of 5 the notice to consumers and an approximate number of affected 6 consumers. 7 The division establishes a new gaming regulatory revolving 8 fund in the state treasury under the control of the department 9 of inspections and appeals, consisting of fees collected and 10 deposited into the fund paid by pari-mutuel wagering licensees 11 pursuant to Code section 99D.14, subsection 2, paragraph 12 “b”, and fees paid by gambling boat and racetrack licensees 13 pursuant to Code section 99F.10, subsection 4, paragraph “b”. 14 The division specifies that all costs relating to racetrack, 15 excursion boat, and gambling structure regulation shall be 16 paid from the fund as provided in appropriations made for 17 this purpose by the general assembly. The division makes 18 conforming Code modifications consistent with this provision. 19 The division additionally provides reporting requirements 20 and billing estimate requirements regarding the revolving 21 fund, and states that the establishment of the revolving 22 fund shall not be interpreted in any manner to compromise or 23 impact the accountability of, and limitation of authority with 24 respect to, the department under state law. The bill adds 25 similar requirements in relation to the department of commerce 26 revolving fund established in Code section 546.12. 27 The division transfers moneys transferred pursuant to 2009 28 Iowa Acts, chapter 169, section 4, subsection 2, that remain 29 unencumbered or unobligated on July 1, 2011, to the taxpayers 30 trust fund created in Code section 8.57E. 31 The division provides for the nonreversion of moneys 32 appropriated in 2010 Iowa Acts, Senate File 2088, division I, 33 until the close of the fiscal year ending June 30, 2012. 34 The division modifies provisions enacted in 2011 Iowa Acts, 35 -479- LSB 2811HV (1) 84 tm/jp 479/ 518
H.F. 697 House File 45, section 8, relating to the sale or lease of the 1 Iowa communications network, to extend the date by which the 2 sale is to be concluded or the lease commenced from during 3 the fiscal year beginning July 1, 2011, to July 1, 2012. The 4 division further specifies that these provisions shall be 5 deemed to satisfy the statutory requirement specified in Code 6 section 8D.12 regarding prior authorization to dispose of the 7 network. 8 The bill repeals a sunset provision enacted during the 2009 9 legislative session applicable to the department of commerce 10 revolving fund established in Code section 546.12. The sunset 11 provision currently repeals the Code section effective July 1, 12 2011. 13 The division provides that the sections of the division 14 relating to disconnecting electricity to the specified 15 Capitol building sidewalk, providing implementation provisions 16 regarding leasing authority of the department of administrative 17 services and executive branch employee travel and travel 18 reimbursement, and relating to nonreversion of moneys 19 appropriated to the department of administrative services for 20 implementation of 2010 Iowa Acts, chapter 1031, division I, 21 take effect upon enactment. 22 ADMINISTRATION AND REGULATION —— FY 2012-2013. This 23 division of the bill relates to and appropriates moneys to 24 various state departments, agencies, and funds for the fiscal 25 year beginning July 1, 2012, and ending June 30, 2013. The 26 division makes appropriations to state departments and agencies 27 including the department of administrative services, auditor of 28 state, Iowa ethics and campaign disclosure board, department 29 of commerce, offices of governor and lieutenant governor, the 30 governor’s office of drug control policy, department of human 31 rights, department of inspections and appeals, department 32 of management, department of revenue, secretary of state, 33 treasurer of state, and Iowa public employees’ retirement 34 system. 35 -480- LSB 2811HV (1) 84 tm/jp 480/ 518
H.F. 697 AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF 1 AGRICULTURE AND LAND STEWARDSHIP —— GENERAL APPROPRIATIONS 2 FOR FY 2011-2012. The division appropriates moneys to the 3 department of agriculture and land stewardship from the general 4 fund of the state and other revenues including those deposited 5 in the renewable fuel infrastructure fund, in order to support 6 the department and its programs for FY 2011-2012. 7 AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF NATURAL 8 RESOURCES —— GENERAL APPROPRIATIONS FOR FY 2011-2012. The 9 division appropriates moneys to the department of natural 10 resources from the general fund of the state and other 11 revenues including those deposited into the state fish and 12 game protection fund, the groundwater protection fund, the 13 snowmobile fund, and the unassigned revenue fund, in order to 14 support the department and its programs for FY 2011-2012. 15 AGRICULTURE AND NATURAL RESOURCES —— IOWA STATE UNIVERSITY 16 APPROPRIATION FOR FY 2011-2012. The division appropriates 17 moneys to Iowa state university from the general fund of 18 the state for the operation of the Iowa state university’s 19 veterinary diagnostic laboratory for FY 2011-2012. 20 AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND 21 —— GENERAL APPROPRIATIONS FOR FY 2011-2012. The division 22 appropriates moneys to the department of agriculture and land 23 stewardship and the department of natural resources from the 24 environment first fund in order to support a number of programs 25 and dedicated funds related to conservation, natural resources, 26 and local foods administered by the departments or other 27 entities, for FY 2011-2012. 28 AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND 29 —— APPROPRIATION TO THE RESOURCES ENHANCEMENT AND PROTECTION 30 (REAP) FUND FOR FY 2011-2012. The division appropriates moneys 31 from the environment first fund to the resources enhancement 32 and protection fund to support a number of natural resources 33 and conservation programs for FY 2011-2012. The appropriation 34 is made in lieu of the $20 million appropriated to the 35 -481- LSB 2811HV (1) 84 tm/jp 481/ 518
H.F. 697 resources enhancement and protection fund by Code section 1 455A.18 from the general fund of the state. 2 AGRICULTURE AND NATURAL RESOURCES —— RELATED MISCELLANEOUS 3 PROVISIONS FOR FY 2011-2012. The division requires the 4 department of agriculture and land stewardship report on 5 agricultural drainage well closings. 6 AGRICULTURE AND NATURAL RESOURCES —— RELATED STATUTORY 7 CHANGES FOR CODIFICATIONS IN 2011 —— LOCAL FOOD AND FARM 8 INITIATIVE. The division establishes an initiative related to 9 the production, processing, and marketing of local foods. The 10 initiative is administered by a local food and farm program 11 coordinator established within the department of agriculture 12 and land stewardship but stationed at Iowa state university as 13 part of its cooperative extension service in agriculture and 14 home economics. 15 AGRICULTURE AND NATURAL RESOURCES —— RELATED STATUTORY 16 CHANGES FOR CODIFICATION IN 2011 —— SPECIAL FUNDS. The 17 division amends statutory provisions which allocate moneys from 18 the groundwater protection fund for community beautification 19 projects. The division also amends statutory provisions which 20 allow the department of natural resources and the department of 21 agriculture and land stewardship to retain moneys appropriated 22 each year from the Iowa comprehensive petroleum underground 23 storage tank fund. The division takes effect upon enactment. 24 AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF 25 AGRICULTURE AND LAND STEWARDSHIP —— GENERAL APPROPRIATIONS 26 FOR FY 2012-2013. The division appropriates moneys to the 27 department of agriculture and land stewardship from the general 28 fund of the state and other revenues including those deposited 29 in the renewable fuel infrastructure fund, in order to support 30 the department and its programs for FY 2012-2013. 31 AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF NATURAL 32 RESOURCES —— GENERAL APPROPRIATIONS FOR FY 2012-2013. The 33 division appropriates moneys to the department of natural 34 resources from the general fund of the state and other 35 -482- LSB 2811HV (1) 84 tm/jp 482/ 518
H.F. 697 revenues including those deposited into the state fish and 1 game protection fund, the groundwater protection fund, the 2 snowmobile fund, and the unassigned revenue fund, in order to 3 support the department and its programs for FY 2012-2013. 4 AGRICULTURE AND NATURAL RESOURCES —— STATE UNIVERSITIES —— 5 APPROPRIATIONS FOR FY 2012-2013. The division appropriates 6 moneys to Iowa state university from the general fund of 7 the state for the operation of the Iowa state university’s 8 veterinary diagnostic laboratory for FY 2012-2013, and to the 9 university of Iowa to support the Iowa flood center for the 10 same fiscal year. 11 AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND 12 —— APPROPRIATIONS FOR FY 2012-2013. The division appropriates 13 moneys to the department of agriculture and land stewardship 14 and the department of natural resources from the environment 15 first fund in order to support a number of programs and 16 dedicated funds related to conservation, natural resources, and 17 local foods, administered by the departments or other entities 18 for FY 2012-2013. 19 AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND 20 —— APPROPRIATION TO THE RESOURCES ENHANCEMENT AND PROTECTION 21 (REAP) FUND FOR FY 2012-2013. The division appropriates moneys 22 from the environment first fund to the resources enhancement 23 and protection fund to support a number of natural resources 24 and conservation programs for FY 2012-2013. The appropriation 25 is made in lieu of the $20 million appropriated to the 26 resources enhancement and protection fund by Code section 27 455A.18 from the general fund of the state. 28 ECONOMIC DEVELOPMENT —— FY 2011-2012. The division makes 29 appropriations and transfers from the general fund of the 30 state and other funds to the department of cultural affairs, 31 the department of economic development, the university of 32 northern Iowa, the university of Iowa, Iowa state university, 33 the department of workforce development, the Iowa finance 34 authority, and the public employment relations board for the 35 -483- LSB 2811HV (1) 84 tm/jp 483/ 518
H.F. 697 2011-2012 fiscal year. 1 The division provides certain goals for the department of 2 economic development. 3 The division authorizes an additional 2.25 FTEs for 4 the department of economic development for purposes of 5 administrative duties related to the vision Iowa program. 6 The division transfers moneys collected by the division of 7 insurance in excess of the anticipated gross revenues to the 8 department of economic development for purposes of insurance 9 economic development and international insurance economic 10 development. 11 The division appropriates moneys from the Iowa community 12 development loan fund to the department of economic development 13 for purposes of the community development program. 14 The division appropriates moneys from the workforce 15 development fund account to the workforce development fund. 16 The division provides that moneys appropriated or 17 transferred to or receipts credited to the workforce 18 development fund are appropriated to the department of economic 19 development for administration of workforce development 20 activities. 21 The division provides that all moneys in the job training 22 fund on July 1, 2011, and any moneys appropriated or credited 23 to the fund during the fiscal year beginning July 1, 2011, 24 shall be transferred to the workforce development fund. 25 The division requires the department of economic development 26 to compile and submit by January 1, 2012, a report on all 27 expenditures made during the previous fiscal year for purposes 28 of green initiatives, sustainability programs, and all such 29 similar efforts. 30 The division requires the state board of regents to submit 31 a report on the progress of regents institutions in meeting 32 the strategic plan for technology transfer and economic 33 development. 34 The division requires the auditor of state to conduct an 35 -484- LSB 2811HV (1) 84 tm/jp 484/ 518
H.F. 697 audit of the department of workforce development. 1 The division appropriates moneys from the special employment 2 security contingency fund to the department of workforce 3 development for the division of workers’ compensation and for 4 field offices. 5 The division appropriates interest earned on the 6 unemployment compensation reserve fund to the department of 7 workforce development for the operation of field offices. 8 The division appropriates moneys to the department of 9 workforce development for an employee misclassification 10 program. 11 The division restricts the department of workforce 12 development from using any appropriations for purposes of the 13 national career readiness program. 14 The division appropriates moneys to the Iowa finance 15 authority for purposes of providing reimbursement for rent 16 expenses under the rent subsidy program. 17 The division appropriates moneys from moneys credited to 18 the state by the secretary of the treasury of the United 19 States pursuant to the Social Security Act to the department 20 of workforce development for the administration of the 21 unemployment compensation program only. 22 ECONOMIC DEVELOPMENT —— FY 2012-2013. The division makes 23 appropriations and transfers from the general fund of the 24 state and other funds to the department of cultural affairs, 25 the department of economic development, the university of 26 northern Iowa, the university of Iowa, Iowa state university, 27 the department of workforce development, the Iowa finance 28 authority, and the public employment relations board for the 29 2012-2013 fiscal year. 30 ECONOMIC DEVELOPMENT —— AGENCY APPEARANCES. The division 31 requires the directors of the Iowa finance authority and the 32 department of economic development, or their designees, to 33 annually appear before the joint appropriations subcommittee 34 on economic development. 35 -485- LSB 2811HV (1) 84 tm/jp 485/ 518
H.F. 697 EDUCATION —— FY 2011-2012. This division of this bill 1 appropriates moneys for fiscal year 2011-2012 from the general 2 fund of the state to the college student aid commission, the 3 department for the blind, the department of education, and the 4 state board of regents and its institutions. 5 The division appropriates to the department for the blind 6 for its administration. 7 The division includes appropriations to the college student 8 aid commission for general administrative purposes, student 9 aid programs, loan forgiveness for health care professionals, 10 the national guard educational assistance program, the teacher 11 shortage loan forgiveness program, the all Iowa opportunity 12 foster care grant and scholarship programs, the registered 13 nurse loan and nurse educator forgiveness program, and the 14 barber and cosmetology arts and sciences tuition grant program. 15 The division replaces the osteopathic physician recruitment 16 program with a health care professionals recruitment program, 17 and eliminates the osteopathic forgivable loan program, the 18 match requirement under the program for Des Moines university, 19 and the osteopathic tuition scholarship. 20 The division reduces the standing appropriations for Iowa 21 tuition grants for students attending for-profit institutions, 22 and provides that a for-profit institution which, effective 23 January 8, 2010, purchased an accredited nonprofit private 24 institution, Waldorf College, shall be an eligible institution 25 under the tuition grant program. The division notwithstands 26 the $2.75 million standing appropriation for the Iowa 27 work-study program and provides that the amount appropriated 28 for fiscal year 2011-2012 is zero. 29 The division appropriates moneys to the department 30 of education for purposes of the department’s general 31 administration, vocational education administration, 32 division of vocational rehabilitation services including 33 independent living and the entrepreneurs with disabilities 34 program and independent living centers, state library for 35 -486- LSB 2811HV (1) 84 tm/jp 486/ 518
H.F. 697 general administration and the enrich Iowa program, library 1 service area system, public broadcasting division, regional 2 telecommunications councils, vocational education to secondary 3 schools, school food service, early childhood Iowa fund, 4 expansion of the federal Individuals with Disabilities 5 Education Improvement Act birth through age three services, 6 textbooks for nonpublic school pupils, the beginning 7 administrator mentoring and induction program, the student 8 achievement and teacher quality program, jobs for America’s 9 graduates specialists, and community colleges. 10 The division reduces the school aid formula weighting for 11 the statewide preschool program for four-year-old children from 12 60 percent to 30 percent of the actual enrollment of eligible 13 students. This provision takes effect upon enactment, and 14 applies to budget years beginning on or after that date. 15 The division limits the amount of preschool foundation 16 aid that a school district may use for administration of its 17 approved preschool program to not more than 5 percent. 18 From the appropriation made to the department of education 19 for the 2010-2011 fiscal year for purposes of the student 20 achievement and teacher quality program, the division transfers 21 specified amounts for purposes of vocational education 22 administration, reimbursement for vocational education 23 expenditures to secondary schools, and school food service 24 for the 2010-2011 fiscal year, and provides that the transfer 25 provision takes effect upon enactment. 26 The division amends statute to provide that of the state 27 funding that an early childhood Iowa area board designates of 28 family support programs, at least 60 percent shall be committed 29 to programs with a home visitation component. Current Code 30 requires 60 percent of all funding from all sources be used 31 for programs with a home visitation component. The division 32 also amends statute to change the allocations under the student 33 achievement and teacher quality program, and to strike the 34 allocation for teacher development academies. 35 -487- LSB 2811HV (1) 84 tm/jp 487/ 518
H.F. 697 The division changes the allocations under the student 1 achievement and teacher quality program, and strikes the 2 allocation for teacher development academies. 3 The division amends statute to permit children to qualify 4 for school district home school assistance programs if they 5 are school age, rather than compulsory attendance age. The 6 division also requires school districts to expend moneys 7 received from weighted enrollment of children receiving 8 competent private instruction at home on home school assistance 9 programs and broadens the acceptable uses of the state 10 assistance school districts receive from additional weighting 11 for students receiving competent private instruction from 12 a licensed practitioner provided through a public school 13 district. Funds received for purposes of providing a program, 14 under the division, may be used for instructing students; for 15 equipment or facility acquisition, including the lease or 16 rental of space to supplement existing schoolhouse facilities; 17 and for operational, maintenance, or administrative costs other 18 than those costs necessary to operate, maintain, and administer 19 the program. 20 The division appropriates moneys to the state board of 21 regents for the board office, universities’ general operating 22 budgets; the southwest Iowa graduate studies center; the 23 siouxland interstate metropolitan planning council; the 24 quad-cities graduate studies center; Iowa public radio; the 25 state university of Iowa; Iowa state university of science 26 and technology; the university of northern Iowa; and for the 27 Iowa school for the deaf and the Iowa braille and sight saving 28 school, including tuition and transportation costs for students 29 residing in the schools and licensed classroom teachers. 30 The division also requires the department of administrative 31 services to pay the state school for the deaf and the Iowa 32 braille and sight saving school moneys collected from counties 33 for expenses related to prescription drug costs for students 34 attending the schools. 35 -488- LSB 2811HV (1) 84 tm/jp 488/ 518
H.F. 697 The division allows the state board of regents to use 1 indebtedness to finance certain projects resulting in energy 2 savings. 3 EDUCATION —— FY 2012-2013. This division of the bill 4 appropriates moneys for fiscal year 2012-2013 from the general 5 fund of the state to the college student aid commission, the 6 department for the blind, the department of education, and the 7 state board of regents and its institutions. 8 EDUCATION —— MIDWESTERN HIGHER EDUCATION COMPACT. This 9 division appropriates moneys for fiscal years 2010-2011, 10 2011-2012, and 2012-2013 from the general fund of the state to 11 the state board of regents for distribution to the midwestern 12 high education compact to pay Iowa’s member state annual 13 obligation. The division repeals Code section 261D.4 regarding 14 the annual payment of dues for membership in the midwestern 15 higher education compact. The division takes effect upon 16 enactment, and if approved by the governor on or after July 1, 17 2011, applies retroactively to June 30, 2011. 18 HEALTH AND HUMAN SERVICES —— DEPARTMENT ON AGING —— FY 19 2011-2012. This division appropriates funding from the general 20 fund of the state for the department on aging. 21 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF PUBLIC HEALTH 22 —— FY 2011-2012. This division appropriates funding from the 23 general fund of the state for the department of public health. 24 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF VETERANS AFFAIRS 25 —— FY 2011-2012. This division appropriates funding from 26 the general fund of the state for the department of veterans 27 affairs. 28 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF HUMAN SERVICES 29 —— FY 2011-2012. The division appropriates funding from 30 the general fund of the state and the federal temporary 31 assistance for needy families block grant to the department 32 of human services. The allocation for the family development 33 and self-sufficiency grant program is made directly to the 34 department of human rights. 35 -489- LSB 2811HV (1) 84 tm/jp 489/ 518
H.F. 697 An appropriation is made from the health care trust fund for 1 the medical assistance (Medicaid) program in addition to the 2 general fund appropriation made for this purpose. 3 The reimbursement section addresses reimbursement for 4 providers reimbursed by the department of human services. 5 HEALTH AND HUMAN SERVICES —— PHARMACEUTICAL SETTLEMENT 6 ACCOUNT, IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 7 REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, 8 MEDICAID FRAUD ACCOUNT, QUALITY ASSURANCE TRUST FUND, AND 9 HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2011-2012. This 10 division makes appropriations for fiscal year 2011-2012. The 11 appropriation to the department of inspections and appeals is 12 made from the Medicaid fraud account. 13 The division makes an appropriation from the pharmaceutical 14 settlement account to the department of human services to 15 supplement the medical contracts appropriation. 16 The division makes appropriations from the IowaCare 17 account to the state board of regents for distribution to the 18 university of Iowa hospitals and clinics and to the department 19 of human services for distribution to a publicly owned acute 20 care teaching hospital in a county with a population over 21 350,000 related to the IowaCare program and indigent care. The 22 division also makes appropriations from the IowaCare account 23 to the department of human services for distribution to the 24 regional provider network, a care coordination pool, and a 25 laboratory test and radiology pool. The division makes an 26 appropriation from the nonparticipating provider reimbursement 27 fund to reimburse nonparticipating providers under the IowaCare 28 program. The division makes an appropriation to the department 29 of human services from the health care transformation account 30 for various health care reform initiatives. 31 Appropriations are made to supplement the Medicaid program 32 from the following funds: quality assurance trust fund, 33 Medicaid fraud account, and hospital health care access trust 34 fund. 35 -490- LSB 2811HV (1) 84 tm/jp 490/ 518
H.F. 697 The division provides that if the total amount appropriated 1 from all sources for the medical assistance program for fiscal 2 year 2011-2012 exceeds the amount needed, the excess remains 3 available to be used for the program in the succeeding fiscal 4 year. 5 HEALTH AND HUMAN SERVICES —— MH/MR/DD SERVICES ALLOWED 6 GROWTH FUNDING FISCAL YEAR 2011-2012. This division allocates 7 the appropriation made in 2010 Iowa Acts, chapter 1193, for 8 distribution to counties for adult mental illness, mental 9 retardation, and developmental disabilities services allowed 10 growth for fiscal year 2011-2012. 11 The standing appropriation from the general fund of the 12 state of $88.4 million for purposes of the property tax relief 13 fund in Code section 426B.1 is reduced to approximately $81.2 14 million for FY 2011-2012. 15 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND 16 RELATED PROVISIONS —— FY 2011-2012. This division addresses 17 previous appropriations and related provisions. 18 Code section 35A.8A, relating to Vietnam conflict veterans 19 bonus compensation, is amended to change the application 20 deadline from July 1, 2010, to May 1, 2011. This change is 21 retroactive to July 1, 2010. 22 New Code section 16.185 creates the community housing for 23 persons with disabilities loan program fund under the Iowa 24 finance authority. 25 An appropriation originally enacted in 2008 Iowa Acts, 26 chapter 1187, section 68, for the Vietnam conflict veterans 27 bonus fund, is amended to provide that upon repeal of the 28 bonus fund on June 30, 2011, the balance is transferred to the 29 veterans trust fund to be expended at a later date for a bonus 30 enacted for veterans of more recent conflicts. 31 An existing nonreversion clause for purposes of the 32 appropriation made for the injured veterans grant program in 33 2008 Iowa Acts, chapter 1187, section 69, is extended through 34 FY 2011-2012. 35 -491- LSB 2811HV (1) 84 tm/jp 491/ 518
H.F. 697 A provision in 2009 Iowa Acts, chapter 182, section 9, 1 requiring the department of human services to maintain a 2 behavioral health account, is amended so that unused funds do 3 not revert but are retained to be used for crisis stabilization 4 and other mental and behavioral health service improvements. 5 Unused funds remaining from the allocation made in 2009 6 Iowa Acts, chapter 182, section 14, for the child welfare 7 decategorization projects are transferred to the community 8 housing for persons with disabilities loan program created in 9 the Act. 10 The requirements for an allocation made in 2009 Iowa Acts, 11 chapter 183, section 62, for infant and toddler care quality, 12 are revised. 13 Requirements in 2010 Iowa Acts, chapter 1192, sections 1 and 14 37, for quarterly review of reimbursement provisions for case 15 management services under the Medicaid program elderly waiver, 16 are deleted. 17 Funds remaining from the appropriation made in 2010 Iowa 18 Acts, chapter 1192, section 3, for the Iowa veterans home are 19 subject to a nonreversion clause under Code section 35D.18. 20 The bill provides for the first $500,000 to be used for the 21 Iowa veterans home in the succeeding fiscal year and the 22 remainder to be transferred to the department of human services 23 to be used for the Medicaid program. 24 The appropriation made for the Medicaid program in 2010 25 Iowa Acts, chapter 1192, section 11, is amended to allow the 26 department of human services to increase the amounts allocated 27 for staffing as necessary to implement cost containment efforts 28 to accomplish Medicaid program savings. 29 Moneys from the general fund of the state are appropriated 30 for FY 2010-2011 to be credited to the injured veterans trust 31 fund to be used for the injured veterans grant program. The 32 moneys appropriated from the general fund do not revert. 33 A nonreversion clause is provided for the appropriation made 34 for the state supplementary assistance program in 2010 Iowa 35 -492- LSB 2811HV (1) 84 tm/jp 492/ 518
H.F. 697 Acts, chapter 1192, section 14. 1 Sixty thousand dollars of the appropriation made for 2 adoption subsidy for FY 2010-2011 is transferred to the state 3 mental health institute at Cherokee to be used for children’s 4 beds. 5 The appropriation made from the quality assurance fund in 6 2010 Iowa Acts, chapter 1192, section 44, for the Medicaid 7 program, is increased. 8 An appropriation made from the merchant marine bonus fund 9 to the department of cultural affairs for FY 2010-2011 is 10 transferred to the department of veterans affairs on the 11 effective date of the provision. Transferred moneys remaining 12 at the close of the fiscal year are required to be credited to 13 the veterans trust fund. 14 A portion of appropriations made to the department of human 15 services for FY 2010-2011 for the state resource center at 16 Glenwood is transferred to the Iowa juvenile home appropriation 17 and for the state resource center at Woodward is transferred 18 to the state mental health institute at Independence. This 19 provision is retroactively applicable to January 1, 2012. 20 The division directs the department of human services to 21 not amend the medical assistance waiver for the Iowa family 22 planning network as provided in 2010 Iowa Acts, chapter 1192, 23 and instead to continue the waiver as it exists on July 1, 24 2011, and to only increase the eligibility percentage to the 25 minimum extent necessary to comply with federal maintenance of 26 effort requirements. 27 For the period of June 1, 2010, and ending June 30, 2011, 28 a child welfare funding decategorization project that is 29 incorporated and owns real property may utilize project funding 30 to purchase liability insurance. This provision applies 31 retroactively to June 1, 2010. 32 If an accountable health care organization is certified 33 by the U.S. government, the department of human services may 34 provide certain Medicaid data to the organization for purposes 35 -493- LSB 2811HV (1) 84 tm/jp 493/ 518
H.F. 697 of a pilot project to identify cost savings strategies. 1 The division takes effect upon enactment and if approved by 2 the governor on or after July 1, 2011, applies retroactively 3 to June 30, 2011. 4 HEALTH AND HUMAN SERVICES —— PREVENTION AND CHRONIC CARE 5 MANAGEMENT. This division repeals the state initiative for 6 prevention and chronic care management in Code section 135.161, 7 directs that the initiative be incorporated into the duties of 8 the medical home system advisory council, and makes conforming 9 amendments. 10 HEALTH AND HUMAN SERVICES —— MISCELLANEOUS —— FY 2011-2012. 11 This division provides miscellaneous statutory provisions. 12 Code section 29C.20B, relating to disaster case management, 13 is amended to transfer administrative responsibility from the 14 department of human services to the homeland security and 15 emergency management division. 16 Code section 135.106, establishing the healthy opportunities 17 for parents to experience success (HOPES) healthy families 18 Iowa (HFI) program, is amended to provide legislative intent 19 that the priority for home visitation funding be given to 20 approaches using evidence-based or promising models for home 21 visitation. 22 Code section 147.136, relating to the scope of recovery 23 in legal actions for personal injury against a health care 24 provider, is amended to provide that recovery of economic 25 losses replaced by the Medicaid program is not barred. 26 Code section 155A.43 is enacted to provide an annual 27 allocation of fees collected by the board of pharmacy to 28 administer the pharmaceutical collection and disposal program. 29 Code section 225B.8, relating to the sunset repeal date for 30 the prevention of disabilities planning council, is amended to 31 change the date from July 1, 2011, to July 1, 2012. 32 The nonreversion clause in Code section 232.188 applicable 33 to carryover funding under the decategorization of child 34 welfare funding initiative, is extended for an additional 35 -494- LSB 2811HV (1) 84 tm/jp 494/ 518
H.F. 697 fiscal year. 1 Code section 249A.4B is amended to update the name of the 2 Iowa primary care association. 3 Code section 135.27A, the governor council on physical 4 fitness and nutrition, is repealed December 31, 2011. 5 HEALTH AND HUMAN SERVICES —— MEDICAID PRESCRIPTION DRUGS. 6 This division relates to coverage of prescription drugs under 7 the Medicaid program which are prescribed for mental illness. 8 The division takes effect upon enactment and applies 9 retroactively to January 1, 2011. 10 HEALTH AND HUMAN SERVICES —— IOWA FALSE CLAIMS ACT. This 11 division includes various amendments to the false claims Act in 12 Code chapter 685. 13 HEALTH AND HUMAN SERVICES —— VOLUNTEER HEALTH CARE PROVIDER 14 PROGRAM. This division amends Code section 135.24, relating to 15 the volunteer health care provider program and immunity from 16 civil liability under the program. 17 HEALTH AND HUMAN SERVICES —— DEPARTMENT ON AGING —— FY 18 2012-2013. This division appropriates funding from the general 19 fund of the state for the department on aging. 20 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF PUBLIC HEALTH 21 —— FY 2012-2013. This division appropriates funding from the 22 general fund of the state for the department of public health. 23 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF VETERANS AFFAIRS 24 —— FY 2012-2013. This division appropriates funding from 25 the general fund of the state for the department of veterans 26 affairs. 27 HEALTH AND HUMAN SERVICES —— DEPARTMENT OF HUMAN SERVICES 28 —— FY 2012-2013. This division appropriates funding from the 29 general fund of the state for the department of human services. 30 HEALTH AND HUMAN SERVICES —— PHARMACEUTICAL SETTLEMENT 31 ACCOUNT, IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 32 REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, 33 MEDICAID FRAUD ACCOUNT, QUALITY ASSURANCE TRUST FUND, AND 34 HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013. This 35 -495- LSB 2811HV (1) 84 tm/jp 495/ 518
H.F. 697 division appropriates funding from various funds and accounts 1 for purposes of health and human services. 2 HEALTH AND HUMAN SERVICES —— MH/MR/DD SERVICES ALLOWED 3 GROWTH FUNDING FISCAL YEAR 2012-2013. This division 4 appropriates and distributes funding to counties for 5 adult mental health, mental retardation, and developmental 6 disabilities allowed growth for FY 2012-2013. 7 JUSTICE SYSTEM —— FY 2011-2012. The division makes 8 appropriations from the general fund of the state for fiscal 9 year 2011-2012 to the departments of justice, corrections, 10 public defense, and public safety, and the Iowa law enforcement 11 academy, office of the state public defender, board of parole, 12 and Iowa state civil rights commission. 13 The division appropriates moneys from the department of 14 commerce revolving fund to the office of consumer advocate of 15 the department of justice. 16 The division appropriates moneys from the gaming enforcement 17 revolving fund to the department of public safety. The 18 division also authorizes FTEs related to gaming enforcement in 19 the fund. 20 The division provides that for each additional license to 21 conduct gambling games on an excursion gambling boat, gambling 22 structure, or racetrack enclosure issued during the fiscal year 23 2011-2012, there is appropriated from the gaming enforcement 24 fund to the department of public safety for the fiscal year 25 beginning July 1, 2011, an additional amount of not more than 26 $521,000 to be used for not more than 6.00 additional full-time 27 equivalent positions. Additional positions are authorized for 28 each riverboat or gambling structure that extends operations 29 to 24 hours. 30 The division requires the department of public safety to 31 issue quarterly reports to the department of management and the 32 legislative services agency relating to the revenues billed 33 and collected and the expenditures from the gaming enforcement 34 revolving fund. The division requires the department of 35 -496- LSB 2811HV (1) 84 tm/jp 496/ 518
H.F. 697 public safety to estimate the temporary use of funds from the 1 general fund for the cash flow needs of the gaming enforcement 2 revolving fund as early as possible in each fiscal year. The 3 division specifies the establishment of the gaming enforcement 4 revolving fund shall not be interpreted in any manner to 5 compromise or impact the accountability of, and the limitation 6 of authority with respect to, an agency or entity under state 7 law. 8 The division amends 2009 Iowa Acts, chapter 178, to extend 9 the fiscal period that increases the annual appropriations from 10 the consumer education and litigation fund in Code section 11 714.16C, to the department of justice. The fiscal period 12 authorizing such increases is extended from the fiscal period 13 beginning on July 1, 2008, and ending on June 30, 2011, to 14 the fiscal period beginning on July 1, 2008, and ending June 15 30, 2013. By extending the fiscal period that authorizes 16 increased appropriations from the consumer education and 17 litigation fund, the fiscal period that moneys may be allocated 18 from the consumer education and litigation fund to the victim 19 compensation fund for cash flow purposes is also extended, 20 if the moneys so allocated are returned to the consumer 21 education and litigation fund by the end of each fiscal year 22 the allocation occurs. 23 The division requires the departments of corrections, 24 human services, inspections and appeals, and public health, 25 and the board of parole, to jointly study the development 26 and establishment of treatment options for geriatric and 27 psychiatric patients currently under the care, custody, 28 and control of the state. The department of corrections in 29 consultation with the other departments and the board of parole 30 shall submit a report detailing the results of the study to the 31 co-chairpersons and ranking members of the joint appropriations 32 subcommittee on health and human services, the co-chairpersons 33 and ranking members of the joint appropriations subcommittee on 34 justice system, and the legislative services agency by November 35 -497- LSB 2811HV (1) 84 tm/jp 497/ 518
H.F. 697 15, 2011. 1 For the fiscal year beginning July 1, 2011, the division 2 provides that the department of corrections, department 3 of public safety, and the judicial district department of 4 correctional services are exempt from the target ratio of 5 supervisory employees to other employees otherwise applicable 6 for the fiscal year beginning July 1, 2011, under Code section 7 8A.402(2)(g). 8 JUSTICE SYSTEM —— FY 2012-2013. The division makes 9 appropriations from the general fund of the state for fiscal 10 year 2012-2013 to the departments of justice, corrections, 11 public defense, and public safety, and the Iowa law enforcement 12 academy, office of the state public defender, board of parole, 13 and Iowa state civil rights commission. 14 The division appropriates moneys from the department of 15 commerce revolving fund to the office of consumer advocate of 16 the department of justice. 17 The division appropriates moneys from the gaming enforcement 18 revolving fund to the department of public safety. The 19 division also authorizes FTEs related to gaming enforcement in 20 the fund. 21 The division also provides that for each additional 22 license to conduct gambling games on an excursion gambling 23 boat, gambling structure, or racetrack enclosure issued 24 during the fiscal period beginning on July 1, 2012, there is 25 appropriated from the gaming enforcement fund to the department 26 of public safety for the fiscal year beginning July 1, 2012, 27 an additional amount of not more than $521,000 to be used for 28 not more than 6.00 additional full-time equivalent positions. 29 Additional positions are authorized for each riverboat or 30 gambling structure that extends operations to 24 hours. 31 For the fiscal year beginning July 1, 2012, the division 32 provides that the department of corrections, department 33 of public safety, and the judicial district department of 34 correctional services are exempt from the target ratio of 35 -498- LSB 2811HV (1) 84 tm/jp 498/ 518
H.F. 697 supervisory employees to other employees otherwise applicable 1 for the fiscal year beginning July 1, 2012, under Code section 2 8A.402(2)(g). 3 JUDICIAL BRANCH —— FY 2011-2012. The division appropriates 4 from the general fund of the state for FY 2011-2012 to the 5 judicial branch for salaries, maintenance, equipment, and 6 miscellaneous purposes. 7 The division appropriates $2.3 million from the general fund 8 of the state to the revolving fund created in Code section 9 602.1302 for jury and witness fees, mileage, costs related to 10 summoning jurors, fees for interpreters, and certain attorney 11 fee reimbursement. 12 The division provides it is the intent of the general 13 assembly that the offices of the clerk of the district court 14 operate in all 99 counties and be accessible to the public as 15 much as reasonably possible. 16 The division provides that a civil trial including a jury 17 trial may take place in a county contiguous to the county with 18 proper jurisdiction, even if the contiguous county is located 19 in an adjacent judicial district or judicial election district, 20 if all the parties in a case agree. If a trial is moved to 21 another county that is located in another judicial district or 22 judicial election district, the judicial officers serving the 23 judicial district or judicial election district receiving the 24 case shall preside over the case. 25 The division permits a judicial officer to waive travel 26 reimbursement for any travel outside the judicial officer’s 27 county of residence to conduct official business. 28 The division allows a judicial officer to be placed on 29 unpaid leave for the fiscal year beginning July 1, 2011, and 30 ending June 30, 2012, on any day a court employee is required 31 to furlough. The division provides that if a judicial officer 32 is placed on unpaid leave, the salary of the judicial officer 33 shall be reduced accordingly for the pay period in which the 34 unpaid leave occurred. Through the course of the fiscal year, 35 -499- LSB 2811HV (1) 84 tm/jp 499/ 518
H.F. 697 the division provides that the judicial branch may use an 1 amount equal to the aggregate amount of the salary reductions 2 due to judicial officer unpaid leave for any purpose other than 3 judicial salaries. 4 JUDICIAL BRANCH —— FY 2012-2013. The division appropriates 5 from the general fund of the state for FY 2012-2013 to the 6 judicial branch for salaries, maintenance, equipment, and 7 miscellaneous purposes. 8 The division appropriates $2.3 million from the general fund 9 of the state to the revolving fund created in Code section 10 602.1302 for jury and witness fees, mileage, costs related to 11 summoning jurors, fees for interpreters, and certain attorney 12 fee reimbursement. 13 The division provides it is the intent of the general 14 assembly that the offices of the clerk of the district court 15 operate in all 99 counties and be accessible to the public as 16 much as reasonably possible. 17 The division provides that a civil trial including a jury 18 trial may take place in a county contiguous to the county with 19 proper jurisdiction, even if the contiguous county is located 20 in an adjacent judicial district or judicial election district, 21 if all the parties in a case agree. If a trial is moved to 22 another county that is located in another judicial district or 23 judicial election district, the judicial officers serving the 24 judicial district or judicial election district receiving the 25 case shall preside over the case. 26 The division permits a judicial officer to waive travel 27 reimbursement for any travel outside the judicial officer’s 28 county of residence to conduct official business. 29 The division allows a judicial officer to be placed on 30 unpaid leave for the fiscal year beginning July 1, 2012, and 31 ending June 30, 2013, on any day a court employee is required 32 to furlough. The division provides that if a judicial officer 33 is placed on unpaid leave, the salary of the judicial officer 34 shall be reduced accordingly for the pay period in which the 35 -500- LSB 2811HV (1) 84 tm/jp 500/ 518
H.F. 697 unpaid leave occurred. Through the course of the fiscal year, 1 the division provides that the judicial branch may use an 2 amount equal to the aggregate amount of the salary reductions 3 due to judicial officer unpaid leave for any purpose other than 4 judicial salaries. 5 TRANSPORTATION —— FY 2011-2012. This division makes 6 appropriations for FY 2011-2012 from the road use tax fund and 7 the primary road fund to the department of transportation for 8 support of ongoing operations and for various infrastructure 9 maintenance and improvement projects, including replacement of 10 the Swea City garage. 11 TRANSPORTATION —— FY 2012-2013. This division makes 12 appropriations for FY 2012-2013 from the road use tax fund and 13 the primary road fund to the department of transportation for 14 support of ongoing operations and for various infrastructure 15 maintenance and improvement projects, including replacement of 16 the New Hampton combined facility. 17 INFRASTRUCTURE AND CAPITALS —— REBUILD IOWA INFRASTRUCTURE 18 FUND APPROPRIATIONS. This division appropriates project 19 funding for FY 2011-2012 and FY 2012-2013 from the rebuild 20 Iowa infrastructure fund, including projects for the 21 departments of administrative services, corrections, cultural 22 affairs, economic development, education, public defense, and 23 transportation, to the treasurer of state, and to the state 24 board of regents. 25 The division appropriates project funding for FY 2011-2012 26 from the rebuild Iowa infrastructure fund to the department for 27 the blind, department of human services, department of natural 28 resources, and department of veterans affairs. 29 The division appropriates project funding for FY 2013-2014 30 from the rebuild Iowa infrastructure fund to the department of 31 corrections and to the state board of regents. 32 The division appropriates project funding for FY 2014-2015 33 from the rebuild Iowa infrastructure fund to the state board 34 of regents. 35 -501- LSB 2811HV (1) 84 tm/jp 501/ 518
H.F. 697 INFRASTRUCTURE AND CAPITALS —— TECHNOLOGY REINVESTMENT 1 FUND —— APPROPRIATIONS. This division appropriates project 2 funding for FY 2011-2012 and FY 2012-2013 from the technology 3 reinvestment fund to the departments of administrative 4 services, corrections, education, human rights, human services, 5 public safety, and the Iowa telecommunications and technology 6 commission. 7 The division appropriates project funding for FY 2011-2012 8 from the technology reinvestment fund to the department of 9 management. 10 The division appropriates project funding for FY 2013-2014 11 from the technology reinvestment fund to the departments of 12 human services and public safety. 13 The division appropriates project funding for FY 2014-2015 14 from the technology reinvestment fund to the department of 15 human services. 16 INFRASTRUCTURE AND CAPITALS —— REVENUE BONDS CAPITALS FUND 17 —— APPROPRIATIONS. This division appropriates project funding 18 for FY 2011-2012 from the revenue bonds capitals fund to the 19 departments of corrections and administrative services. 20 INFRASTRUCTURE AND CAPITALS —— REVENUE BONDS CAPITALS II 21 FUND —— APPROPRIATIONS. This division appropriates project 22 funding for FY 2011-2012 from the revenue bonds capitals II 23 fund to the department of administrative services. 24 INFRASTRUCTURE AND CAPITALS —— GENERAL FUND —— 25 APPROPRIATIONS. This division appropriates funding for FY 26 2012-2013 from the general fund of the state to the department 27 of transportation. 28 INFRASTRUCTURE AND CAPITALS —— PUBLIC BIDDING AND 29 CONTRACTING. This division relates to bidding and contracting 30 for public improvement, public works, and public road projects. 31 The division sets out procedural requirements which a public 32 body must follow when awarding a contract for a public works 33 project to a bidder through a competitive bidding process. The 34 division defines criteria that the public body cannot consider 35 -502- LSB 2811HV (1) 84 tm/jp 502/ 518
H.F. 697 when awarding such a contract. Prohibited criteria include 1 whether the bidder’s employees belong to or are represented by 2 a labor union; requiring the bidder to enter into an agreement 3 that directly or indirectly requires the bidder to recruit, 4 train, or hire employees from a particular source; or requiring 5 the bidder or its subcontractors or agents to enter into an 6 agreement or arrangement imposing various other limitations 7 relating to the bidder’s employees. The division requires the 8 public body to include the prohibited criteria in any document 9 requesting or inviting bids on public works projects subject 10 to the bill. 11 The division requires the labor commissioner to administer 12 and enforce Code section 73A.21, which allows the state 13 and political subdivisions awarding a contract for a public 14 improvement to give a preference to an Iowa resident bidder 15 over a nonresident bidder. The preference must be reciprocal 16 to any preference given to in-state resident bidders over 17 nonresident bidders by the state or foreign country of 18 a nonresident bidder. The division directs the labor 19 commissioner to hire necessary personnel and adopt rules as 20 necessary to administer Code section 73A.21. 21 The division includes in the reciprocity requirement 22 nonresident bidders from a state or foreign country which 23 gives any type of labor force preference or any other form 24 of preference to resident bidders or laborers. The division 25 provides that if the provisions of Code section 73A.21 26 may cause denial of federal funds which would otherwise be 27 available, or would otherwise be inconsistent with requirements 28 of any federal law or regulation, the Code section will be 29 suspended, but only to the extent necessary to prevent denial 30 of the funds or to eliminate the inconsistency with federal 31 requirements. The division requires a public body involved 32 in a public improvement to require all nonresident bidders 33 to specify on all project bid specifications and contract 34 documents whether the nonresident bidder’s state or country of 35 -503- LSB 2811HV (1) 84 tm/jp 503/ 518
H.F. 697 residence has any type of resident bidder preference in effect 1 at the time of a bid submittal. 2 The division provides the labor commissioner with certain 3 powers relating to nonresident bidders for public improvement 4 projects to enforce Code section 73A.21. The division provides 5 the labor commissioner with investigative powers concerning 6 nonresident bidders. Such powers include the power to hold 7 hearings, to enter a place of employment to inspect records 8 regarding labor force residency, to question employees, and to 9 take depositions and issue subpoenas. The division provides 10 that the labor commissioner may sue for injunctive relief for 11 violations of Code section 73A.21. The division requires the 12 labor commissioner to develop a written complaint form for 13 violations. The division requires a nonresident contractor 14 domiciled in a state or country that has a resident labor 15 force preference to keep for at least three years accurate 16 records containing certain identifying information including 17 residency for all workers employed by the contractor. The 18 division provides that the labor commissioner may direct that 19 up to 25 percent of the contract price be withheld from the 20 contractor if the contractor does not file such records until 21 the records are filed. The division provides for a civil 22 penalty of $1,000 for each violation found during a first 23 investigation, $5,000 for each violation found during a second 24 investigation, and $15,000 for each violation found during 25 a subsequent investigation. The division provides that a 26 separate and distinct violation occurs for each worker employed 27 by the contractor for each day the worker is employed by the 28 contractor. The division provides for a review process with 29 the division of labor and sets out procedural requirements. 30 The division modifies and adds applicable definitions for Code 31 section 73A.21. 32 The division strikes the requirement in Code section 331.341 33 that a county board of supervisors give preference to in-state 34 labor in accordance with Code chapter 73 when contracting for 35 -504- LSB 2811HV (1) 84 tm/jp 504/ 518
H.F. 697 public improvement projects. 1 The division repeals Code sections 73.3 and 73.4, which 2 require public bodies to give preference to in-state labor in 3 public improvement or public works projects. 4 The division is effective upon enactment. 5 The division applies to all public improvement, public 6 works, and public road projects, and to public improvement, 7 public works, and public road contracts entered into on or 8 after July 1, 2011. 9 The division may include a state mandate as defined in Code 10 section 25B.3. 11 INFRASTRUCTURE AND CAPITALS —— BUSINESS DEVELOPMENT 12 ASSISTANCE —— APPROPRIATIONS. This division appropriates 13 $15 million from the rebuild Iowa infrastructure fund to the 14 department of economic development for purposes of providing 15 financial assistance to businesses and for other related 16 purposes. 17 INFRASTRUCTURE AND CAPITALS —— MISCELLANEOUS CODE 18 CHANGES. This division expands the definition of “vertical 19 infrastructure” for purposes of the rebuild Iowa infrastructure 20 fund for public vertical infrastructure projects to include 21 debt service payments on academic revenue bonds issued in 22 accordance with Code chapter 262A for capital projects at board 23 of regents institutions. The division eliminates FY 2011-2012, 24 FY 2012-2013, and FY 2013-2014 standing appropriations from 25 the rebuild Iowa infrastructure fund to the secure an advanced 26 vision for education fund created in Code section 423F.2. 27 The division reduces the FY 2011-2012 standing 28 appropriations from the rebuild Iowa infrastructure fund to the 29 environment first fund from $42 million to $33 million. 30 The division makes a standing appropriation from the rebuild 31 Iowa infrastructure fund for FY 2012-2013 to the environment 32 first fund of $35 million. 33 The division eliminates the $17.5 million standing 34 appropriation from the general fund of the state to the 35 -505- LSB 2811HV (1) 84 tm/jp 505/ 518
H.F. 697 technology reinvestment fund for FY 2011-2012 and appropriates 1 $16 million from the rebuild Iowa infrastructure fund to the 2 technology reinvestment fund for FY 2011-2012. 3 The division amends Code section 8A.321 to require the 4 department of administrative services to issue a request for 5 proposals for leasing privately owned office space in downtown 6 Des Moines prior to replacing or renovating publicly owned 7 buildings or relocating any state agencies to any space in 8 publicly owned buildings. 9 The division amends Code section 12.82 to provide that 10 notwithstanding any other provision of the Code chapter, the 11 school infrastructure fund shall be used for purposes of the 12 school infrastructure program established in Code section 13 292.2. The division also amends Code section 12.82 to provide 14 that any amounts remaining in the school infrastructure fund 15 at the end of the fiscal year beginning July 1, 2010, shall be 16 transferred to the rebuild Iowa infrastructure fund. These 17 provisions take effect upon enactment and, if approved by the 18 governor on or after July 1, 2011, apply retroactively to June 19 30, 2011. 20 The division increases the standing appropriation from the 21 rebuild Iowa infrastructure fund to the community attraction 22 and trust fund for FY 2011-2012 from $5 million to $5.1 23 million. 24 The division eliminates standing appropriations for FY 25 2011-2012 and FY 2012-2013 from the franchise tax revenues 26 deposited in the general fund of the state to the community 27 attraction and tourism fund. 28 The division reduces the standing appropriation from the 29 rebuild Iowa infrastructure fund to the Iowa finance authority 30 for FY 2011-2012 from $3 million to $2 million. 31 The division eliminates the $200,000 appropriation from the 32 rebuild Iowa infrastructure fund to the Iowa finance authority 33 for administration of the Iowa jobs program. 34 INFRASTRUCTURE AND CAPITALS —— CHANGES TO PRIOR 35 -506- LSB 2811HV (1) 84 tm/jp 506/ 518
H.F. 697 APPROPRIATIONS. This division extends the reversion date for 1 project funding appropriated to the department of public safety 2 from the endowment for Iowa’s health restricted capitals fund 3 for FY 2006-2007. 4 The division extends the reversion dates for project funding 5 appropriated to the department of administrative services from 6 the rebuild Iowa infrastructure fund for FY 2007-2008. The 7 division also authorizes the department of administrative 8 services to provide for the disposition and relocation or 9 demolishment of specified structures and to use any amount 10 received from that disposition for costs associated with the 11 restoration of the west capitol terrace. 12 The division reduces from $300,000 to $60,000 the 13 appropriation from the rebuild Iowa infrastructure fund for FY 14 2008-2009 to the department of transportation for construction 15 of a depot and platform and to accommodate future Amtrak 16 service from Dubuque to Chicago. 17 The division eliminates the $10 million appropriations 18 for FY 2011-2012 and FY 2012-2013 from the rebuild Iowa 19 infrastructure fund to the department of economic development 20 for deposit into the river enhancement community attraction and 21 tourism fund. 22 The division reduces from $10 million to $9.2 million, 23 the appropriation from the FY 2009 tax-exempt bond proceeds 24 restricted capitals fund account of the tobacco settlement 25 trust fund to the department of economic development for 26 deposit into the river enhancement community attraction and 27 tourism fund. 28 The division reduces the appropriation to the department of 29 transportation for the passenger rail service revolving fund 30 for FY 2009-2010 from $3 million to $500,000. 31 The division eliminates the $6.5 million appropriation from 32 the rebuild Iowa infrastructure fund to the department of 33 transportation for the passenger rail service revolving fund 34 for FY 2011-2012. 35 -507- LSB 2811HV (1) 84 tm/jp 507/ 518
H.F. 697 The division eliminates the $4 million appropriation 1 from the revenue bonds capitals II fund to the department of 2 economic development for deposit into the river enhancement 3 community attraction and tourism fund. 4 The division makes changes to the FY 2010-2011 5 appropriations from the revenue bonds capitals II fund to the 6 treasurer of state, from the FY 2009 prison bonding fund to 7 the department of corrections, from the Iowa comprehensive 8 petroleum underground storage tank fund to the department of 9 transportation, and from the school infrastructure fund to the 10 department of economic development. 11 Except as otherwise provided, the division takes effect upon 12 enactment and, if approved by the governor on or after July 1, 13 2011, applies retroactively to June 30, 2011. The exemptions 14 from the expenditure limitations contained in 2011 Iowa Acts, 15 House File 45, section 2, subsection 2, apply retroactively to 16 March 7, 2011. 17 BLOCK GRANTS —— FY 2011-2012. This division appropriates 18 for the 2011-2012 federal fiscal year which begins October 19 1, 2011, block grants available from the federal government 20 and provides procedures for increasing or decreasing the 21 appropriations if the block grants are increased or decreased. 22 The division also makes appropriations for federal and state 23 fiscal years 2011-2012 of other federal grants, receipts, and 24 funds, and other nonstate funds. 25 BLOCK GRANTS —— FY 2012-2013. This division also 26 appropriates for the 2012-2013 federal fiscal year which 27 begins October 1, 2012, block grants available from the 28 federal government and provides procedures for increasing or 29 decreasing the appropriations if the block grants are increased 30 or decreased. 31 The division also makes appropriations for federal and state 32 fiscal years 2012-2013 of other federal grants, receipts, and 33 funds, and other nonstate funds. 34 STANDINGS —— STANDING APPROPRIATIONS AND RELATED MATTERS 35 -508- LSB 2811HV (1) 84 tm/jp 508/ 518
H.F. 697 —— FY 2011-2012. For the budget process applicable to FY 1 2012-2013, state agencies are required to submit estimates and 2 other expenditure information as called for by the director 3 of the department of management instead of the information 4 required under Code section 8.23. 5 This division limits or reduces standing appropriations for 6 FY 2011-2012 made for the following purposes: performance of 7 duty by the executive council, casino wagering tax proceeds 8 allocated for department of cultural affairs operational 9 support grants and community cultural grants and for regional 10 tourism marketing; the center for congenital and inherited 11 disorders; primary and secondary child abuse prevention 12 programs; programs for at-risk children; payment for nonpublic 13 school transportation; reimbursement for the homestead property 14 tax credit and for the family farm and agricultural land tax 15 credits; and the enforcement of Code chapter 452D relating to 16 tobacco product manufacturers. 17 The division amends Code section 256.30 to create a standing 18 limited appropriation from the general fund of the state to the 19 department of education for the Sac and Fox Indian settlement. 20 The division appropriates moneys to the department of 21 agriculture and land stewardship for a program for farmers with 22 disabilities. 23 The standing appropriation in Code section 257.20 of an 24 amount necessary to pay instructional support state aid, as 25 determined under that Code provision, is replaced with a zero 26 appropriation for FY 2011-2012. 27 Code section 257.35 is amended to reduce area education 28 agencies’ budgets for fiscal year 2011-2012 by $20 million. 29 The division provides that the first $106,016,400 of 30 revenues generated from the tax on cigarettes and from the tax 31 on certain tobacco products are credited to the health care 32 trust fund. Currently, the moneys are credited to the general 33 fund of the state and appropriated annually to the health care 34 trust fund. 35 -509- LSB 2811HV (1) 84 tm/jp 509/ 518
H.F. 697 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012. 1 The division prohibits bonus pay for employees of the executive 2 branch except for employees of the state board of regents, 3 the judicial branch, and the legislative branch, unless the 4 bonus pay is otherwise authorized by law, required pursuant to 5 an employment contract entered into before July 1, 2011, or 6 required pursuant to a collective bargaining agreement. 7 For FY 2011-2012, the division appropriates moneys from the 8 gaming enforcement revolving fund for annual pay adjustments 9 and related benefits for agents and officers of the division 10 of criminal investigation’s racetrack, excursion boat, or 11 gambling structure enforcement activities. For FY 2011-2012, 12 the division appropriates moneys from the gaming regulatory 13 revolving fund for annual pay adjustments and related benefits 14 for positions in the racing and gaming commission of the 15 department of inspections and appeals who are assigned to 16 administration and enforcement of the excursion boat and 17 gambling structure laws. 18 The division requires sworn peace officers in the department 19 of public safety who are not covered by a collective bargaining 20 agreement to receive the same per diem meal allowance as 21 the sworn peace officers covered by a collective bargaining 22 agreement. 23 The salary model administrator is required to work in 24 conjunction with the department of management and the 25 legislative services agency to analyze, compare, and project 26 state salary and benefit information. 27 The division requires the state’s executive and judicial 28 branch authorities responsible for collective bargaining 29 negotiations with applicable state employee organizations, to 30 discuss health insurance coverage of state employees and their 31 families in order to renegotiate such coverage to achieve cost 32 savings for the state. One of the options to be discussed is 33 a required monthly payment by employees of at least $100 of 34 the cost of single coverage or a like increase in the employee 35 -510- LSB 2811HV (1) 84 tm/jp 510/ 518
H.F. 697 cost for family coverage. This provision takes effect upon 1 enactment. 2 New Code section 8A.440 requires collective bargaining 3 agreements for state employees to require monthly payment by 4 employees of at least $100 of the cost of single health care 5 coverage or a like increase in the employee cost for family 6 coverage. This provision takes effect upon enactment and 7 applies to collective bargaining agreements entered into on or 8 after the effective date. 9 CORRECTIVE PROVISIONS. Code section 8.6(9A), as enacted 10 by 2011 Iowa Acts, House File 45, section 39, is amended to 11 correct references to the subchapters rather than the divisions 12 of new Code chapter 8G, as created in that Act. 13 Code section 8.57E(3)(a), as enacted by 2011 Iowa Acts, 14 Senate File 209, section 30, is amended to correctly refer to 15 the taxpayers trust fund as created in that Act. 16 Code section 8G.13, as enacted by 2011 Iowa Acts, House File 17 45, section 50, is amended to correct an internal reference to 18 the Act’s provision requiring the availability on the internet 19 of a searchable database of all tax rates for each taxing 20 jurisdiction in the state. 21 Code section 16.193(3)(a), as amended by 2011 Iowa Acts, 22 Senate File 475, section 11, is amended to use the plural form 23 of the word “program” with regard to two Iowa jobs programs 24 referenced earlier in the sentence. 25 Code section 68A.401(4), as amended by 2011 Iowa Acts, 26 Senate File 475, section 17, is amended to correct a reference 27 to Code section 68A.201A relating to political committee 28 disclosure reports. 29 Code section 139A.19(3), as enacted by 2011 Iowa Acts, House 30 File 467, section 20, is amended to correct the punctuation 31 in the word “clinics” by adding an apostrophe in this disease 32 exposure notification provision. 33 Code section 175.3(1)(a), as amended by 2011 Iowa Acts, 34 Senate File 429, section 1, is amended to correct a reference 35 -511- LSB 2811HV (1) 84 tm/jp 511/ 518
H.F. 697 to the agricultural development authority in a provision 1 relating to the authority’s status as a public instrumentality. 2 Code section 207.22(3)(b), as amended by 2011 Iowa Acts, 3 Senate File 475, section 47, is amended to strike a redundant 4 reference to “Title IV” of Pub. L. No. 95-87, in this rewritten 5 federal Act reference. 6 Code section 232.71D(3)(a)(u1), as enacted by 2011 Iowa 7 Acts, House File 562, section 3, is amended to insert the 8 correct preposition in the phrase “in the central registry” 9 when referring to the central registry for child abuse 10 information. 11 Code section 256.7(26)(a)(1), as enacted by 2011 Iowa Acts, 12 Senate File 453, section 1, is amended to substitute a helping 13 verb for a preposition in order to correct the grammar in this 14 provision relating to high school graduation requirements. 15 Code section 321.34(20C)(a) and (25)(a), if enacted by 16 2011 Iowa Acts, House File 651, section 2, are amended by 17 striking an extraneous instance of the word “special” in each 18 subsection. 19 Code section 327B.5, relating to the penalty for violation 20 of motor carrier registration requirements, is amended by 21 correcting a reference to scheduled fines in Code section 22 805.8A, in order to conform with changes made by 2011 Iowa 23 Acts, Senate File 205, section 29. 24 Code sections 422.11O(5)(a)(2) and 422.11Y(1)(d), (3)(u1), 25 and (6)(b)(2), if enacted by 2011 Iowa Acts, Senate File 531, 26 sections 17 and 35, are amended to correctly refer to the E-15 27 plus gasoline promotion tax credit as created in that Act. The 28 corrections generally take effect or are applicable beginning 29 January 1, 2012. 30 Code section 423.4(9)(u1), if enacted by 2011 Iowa Acts, 31 Senate File 531, section 59, is amended to correctly refer to 32 both sales and use taxes for which a refund may be applied 33 for by a qualified biodiesel producer under that Act. The 34 correction takes effect January 1, 2012. 35 -512- LSB 2811HV (1) 84 tm/jp 512/ 518
H.F. 697 Code section 483A.24A, as amended by 2011 Iowa Acts, Senate 1 File 194, section 10, is amended to strike a reference to 2 “both” definitions, since the amended Code section now only 3 refers to one definition in this provision relating to military 4 service members’ refunds of certain fishing and hunting license 5 fees. 6 Code section 501.101(01), as enacted by 2011 Iowa Acts, 7 House File 348, section 7, is amended to correct the form of 8 the verb to match the singular subject of the sentence in this 9 provision relating to alternative voting methods for closed 10 cooperatives. 11 Code section 501A.703(5)(d), Code 2011, as amended by 2011 12 Iowa Acts, House File 348, section 19, is amended to delete an 13 unnecessary comma in this provision relating to alternative 14 voting methods for cooperative associations. 15 Code section 511.8(22)(i)(u1), as enacted by 2011 Iowa Acts, 16 Senate File 406, section 25, is amended to use the correct 17 preposition in a provision relating to life insurance company 18 legal reserves. 19 Code section 514J.109(3)(f), if enacted by 2011 Iowa Acts, 20 House File 597, section 9, is amended to correct a reference to 21 a health care coverage external review request in a provision 22 relating to the contents of such a request. 23 Code section 521F.4(1)(b), as enacted by 2011 Iowa Acts, 24 Senate File 406, section 44, is amended to correctly refer to 25 a single trend test calculation in a provision relating to a 26 health organization’s risk-based capital report. 27 Code section 524.310(5)(b), as amended by 2011 Iowa Acts, 28 Senate File 475, section 120, is amended to strike a reference 29 to a Code section repealed on December 31, 2010, and to insert 30 the correct reference to the new Code provision in Code chapter 31 489 relating to limited liability companies. 32 Code section 717.3(5)(b), as enacted by 2011 Iowa 33 Acts, Senate File 478, section 6, is amended to strike 34 the conjunction “and” in a phrase where only a preposition 35 -513- LSB 2811HV (1) 84 tm/jp 513/ 518
H.F. 697 is required, in a provision relating to the sustenance of 1 livestock. 2 Code section 717.4(2), as enacted by 2011 Iowa Acts, Senate 3 File 478, section 7, is amended to add the preposition “for” in 4 a phrase relating to the expenses of providing sustenance to 5 livestock, to match similar phrases in Code section 717.5, as 6 amended in the same Act. 7 Code section 717.4A, as enacted by 2011 Iowa Acts, Senate 8 File 478, section 8, is amended to add the preposition “to” 9 in a phrase relating to the payment of proceeds from the 10 disposition of livestock to the livestock remediation fund. 11 Code section 717.4A, as enacted by 2011 Iowa Acts, House File 12 271, section 3, is amended to strike the word “credit” from the 13 term “jail credit” to conform with similar terminology use in 14 2011 Iowa Acts, House File 271. 15 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. The division 16 appropriates moneys to the department of cultural affairs for 17 FY 2010-2011 for purposes of the battleship Iowa, BB-61. These 18 provisions take effect upon enactment and, if approved by the 19 governor after July 1, 2011, shall apply retroactively to June 20 30, 2011. 21 The division makes inapplicable the limitation on 22 expenditures made for office supplies, purchases of equipment, 23 office equipment, and equipment noninventory, printing and 24 binding, and marketing implemented pursuant to 2011 Iowa 25 Acts, House File 45, for FY 2010-2011 to a department or 26 agency receiving a supplemental appropriation for FY 2010-2011 27 pursuant to 2011 Iowa Acts, Senate File 209. This provision 28 takes effect upon enactment and is retroactively applicable to 29 the effective date of House File 45 of March 7, 2011. 30 The division increases the minimum fine for a second offense 31 operating while intoxicated from $1,850 to $1,875. 32 The division repeals Code chapter 327K relating to the 33 midwest interstate passenger rail compact. By the terms of the 34 compact, withdrawal from the compact becomes effective one year 35 -514- LSB 2811HV (1) 84 tm/jp 514/ 518
H.F. 697 following the repeal of Code chapter 237K. 1 STANDINGS —— GROW IOWA VALUES FUND AND PROGRAM. This 2 division addresses the grow Iowa values fund. 3 The division repeals Code sections related to the grow 4 Iowa values fund and financial assistance program and makes 5 conforming amendments. The division amends two 2010 Iowa Acts 6 provisions to prohibit the department of economic development 7 from further obligating any moneys appropriated for purposes 8 of the grow Iowa values fund for fiscal year 2010-2011 and 9 requires that unobligated and unencumbered moneys are credited 10 to the general fund of the state, which take effect upon 11 enactment. The division requires repayments on moneys loaned 12 from the appropriated moneys to be credited to the general fund 13 of the state. 14 STANDINGS —— MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 15 2013-2014. Code section 331.439, subsection 3, provides that 16 county mental health, mental retardation, and developmental 17 disabilities (MH/MR/DD) service expenditures for a fiscal year 18 are limited to a fixed budget amount and that the fixed amount 19 is subject to an allowed growth factor adjustment. The allowed 20 growth factor adjustment is to be set by statute for the fiscal 21 year which commences two years from the beginning date of the 22 fiscal year in progress at the time the statute is enacted. 23 The mental health and disability services commission is 24 required to make a recommendation of the adjustment amount to 25 the governor annually in November and the governor is required 26 to submit a recommendation for the amount to the general 27 assembly at the time the governor’s budget is submitted. This 28 division provides that for the allowed growth adjustment factor 29 legislation for FY 2013-2014, the governor must submit a 30 recommendation on or before January 14, 2013, and the statute 31 providing the allowed growth factor adjustment is to be enacted 32 within 30 calendar days of the date the 2013 session of the 33 general assembly convenes. 34 STANDINGS —— STANDING APPROPRIATIONS AND RELATED MATTERS 35 -515- LSB 2811HV (1) 84 tm/jp 515/ 518
H.F. 697 —— FY 2012-2013. For the budget process applicable to FY 1 2013-2014, state agencies are required to submit estimates and 2 other expenditure information as called for by the director 3 of the department of management instead of the information 4 required under Code section 8.23. 5 This division limits or reduces standing appropriations for 6 FY 2012-2013 made for the following purposes: performance of 7 duty by the executive council, casino wagering tax proceeds 8 allocated for department of cultural affairs operational 9 support grants and community cultural grants and for regional 10 tourism marketing; the center for congenital and inherited 11 disorders; primary and secondary child abuse prevention 12 programs; programs for at-risk children; payment for nonpublic 13 school transportation; and the enforcement of Code chapter 452D 14 relating to tobacco product manufacturers. 15 The division appropriates moneys to the department of 16 agriculture and land stewardship for purposes of a program for 17 farmers with disabilities. 18 The standing appropriation in Code section 257.20 of an 19 amount necessary to pay instructional support state aid, as 20 determined under that Code provision, is replaced with a zero 21 appropriation for FY 2012-2013. 22 Code section 257.35 is amended to reduce area education 23 agencies’ budgets for fiscal year 2012-2013 by $20 million. 24 STANDINGS —— SALARIES, COMPENSATION, AND RELATED MATTERS —— 25 FY 2012-2013. The division prohibits bonus pay for employees 26 of the executive branch except for employees of the state 27 board of regents, the judicial branch, and the legislative 28 branch, unless the bonus pay is otherwise authorized by law, 29 required pursuant to an employment contract entered into before 30 July 1, 2012, or required pursuant to a collective bargaining 31 agreement. 32 For FY 2012-2013, the division appropriates moneys from the 33 gaming enforcement revolving fund for annual pay adjustments 34 and related benefits for agents and officers of the division 35 -516- LSB 2811HV (1) 84 tm/jp 516/ 518
H.F. 697 of criminal investigation’s racetrack, excursion boat, or 1 gambling structure enforcement activities. For FY 2012-2013, 2 the division appropriates moneys from the gaming regulatory 3 revolving fund for annual pay adjustments and related benefits 4 for positions in the racing and gaming commission of the 5 department of inspections and appeals who are assigned to 6 administration and enforcement of the excursion boat and 7 gambling structure laws. 8 The division requires sworn peace officers in the department 9 of public safety who are not covered by a collective bargaining 10 agreement to receive the same per diem meal allowance as 11 the sworn peace officers covered by a collective bargaining 12 agreement. 13 The salary model administrator is required to work in 14 conjunction with the department of management and the 15 legislative services agency to analyze, compare, and project 16 state salary and benefit information. 17 STANDINGS —— SALES TAX REVENUES —— TRANSFERS. The division 18 transfers additional moneys from the secure an advanced vision 19 for education fund to the property tax equity and relief fund. 20 REGULAR PROGRAM AND CATEGORICAL STATE PERCENT OF GROWTH FOR 21 EDUCATION —— FY 2012-2013. This division establishes a regular 22 program state percent of growth at 2 percent and a categorical 23 state percent of growth at 2 percent for purposes of the state 24 school foundation program for the school budget year beginning 25 July 1, 2012. 26 The categorical state percent of growth includes the teacher 27 salary supplement, the professional development supplement, and 28 the early intervention supplement. 29 The division is applicable for state aid computation under 30 the school foundation program for the school budget year 31 beginning July 1, 2012. 32 STANDINGS —— APPROPRIATIONS —— TRANSFERS. This division 33 allocates moneys appropriated for the grow Iowa values fund for 34 use by the department of economic development for the Iowans 35 -517- LSB 2811HV (1) 84 tm/jp 517/ 518
H.F. 697 helping Iowans business assistance program. The division 1 allocates moneys for the medical assistance program to the 2 Iowa finance authority for the Iowans helping Iowans housing 3 assistance program and to the department of human services for 4 the unmet needs program. 5 TAXATION. The division states an intent by the general 6 assembly to address the issues of property taxation and income 7 taxation during the 2011 legislative session. 8 CONDITIONAL RETROACTIVE APPLICABILITY. The division provides 9 that, unless otherwise provided, this Act, if approved by the 10 governor after July 1, 2011, shall apply retroactively to July 11 1, 2011. 12 -518- LSB 2811HV (1) 84 tm/jp 518/ 518