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 funding of property tax credits and reimbursements, by making and adjusting appropriations, providing for salaries and compensation of state employees, providing for matters relating to taxation, providing for fees and penalties, providing for legal responsibilities, and providing for properly related matters, and including effective date and retroactive and other applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

ADMINISTRATION AND REGULATION

FY 2011-2012
   Section 1.  DEPARTMENT OF ADMINISTRATIVE SERVICES.
   1.  There is appropriated from the general fund of the state to the department of administrative services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated, and for not more than the following full-time equivalent positions:
   a.  For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  4,020,344
............................................... FTEs      84.18
   b.  For the payment of utility costs:
.................................................. $  2,939,400
............................................... FTEs       1.00
   Notwithstanding section 8.33, any excess funds appropriated for utility costs in this lettered paragraph shall not revert to the general fund of the state at the end of the fiscal year but shall remain available for expenditure for the purposes of this lettered paragraph during the succeeding fiscal year.
   c.  For Terrace Hill operations:
.................................................. $    405,914
............................................... FTEs       6.88
   d.  For the I3 distribution account:
.................................................. $  3,328,000
   e.  For operations and maintenance of the Iowa building:
.................................................. $  1,018,185
............................................... FTEs       4.00
   2.  Members of the general assembly serving as members of the deferred compensation advisory board shall be entitled to receive per diem and necessary travel and actual expenses pursuant to section 2.10, subsection 5, while carrying out their official duties as members of the board.

   3.  Any funds and premiums collected by the department for workers’ compensation shall be segregated into a separate workers’ compensation fund in the state treasury to be used for payment of state employees’ workers’ compensation claims and administrative costs. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining in this workers’ compensation fund at the end of the fiscal year shall not revert but shall be available for expenditure for purposes of the fund for subsequent fiscal years.
   Sec. 2.  LEASING AUTHORITY IMPLEMENTATION.
   1.  A state agency that has entered into a lease for any buildings or office space shall forward a copy of each such existing lease to the department of administrative services for review prior to July 1, 2011.
   2.  A state agency that is in the process of entering into or renewing a lease for any building or office space shall contact the department of administrative services prior to finalizing such lease. Such lease shall not be entered into or renewed without the approval of the department.
   3.  The department shall provide space management services and begin to lease all buildings and office space wherever located throughout the state as provided in section 8A.321, as amended by this Act, as soon as practicable, but by no later than December 1, 2011. Prior to assuming those responsibilities, the department shall review and approve leases under subsection 2 unless, in the department’s discretion, it is determined that entering into or renewing such lease would not be in the best interests of the state. 
   4.  The department is authorized to assess a fee to a state agency for which a lease is negotiated or renewed pursuant to this Act sufficient to cover the department’s costs in providing space management services under this Act.
   Sec. 3.  TRAVEL REIMBURSEMENT IMPLEMENTATION.
   1.  If this Act is approved by the governor prior to July 1, 2011, the electronic online travel authorization form provided for in section 8A.512A, if enacted, shall be developed on or before July 1, 2011, and executive branch employees seeking reimbursement shall utilize the form on and after that date.
   2.  The database to be made available by the department of administrative services as provided in section 8A.512A, if enacted, shall be developed and available for public access on or before January 1, 2012.
   3.  The department shall develop a plan for converting the existing reimbursement process to a paperless process, including implementation steps, a timeline, and an estimated budget. The plan shall be submitted to the governor by no later than January 1, 2012.
   Sec. 4.  REVOLVING FUNDS.  There is appropriated to the department of administrative services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, from the revolving funds designated in chapter 8A and from internal service funds created by the department such amounts as the department deems necessary for the operation of the department consistent with the requirements of chapter 8A.
   Sec. 5.  FUNDING FOR IOWACCESS.
   1.  Notwithstanding section 321A.3, subsection 1, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the first $750,000 collected and transferred by the department of transportation to the treasurer of state with respect to the fees for transactions involving the furnishing of a certified abstract of a vehicle operating record under section 321A.3, subsection 1, shall be transferred to the IowAccess revolving fund for the purposes of developing, implementing, maintaining, and expanding electronic access to government records as provided by law.
   2.  All fees collected with respect to transactions involving IowAccess shall be deposited in the IowAccess revolving fund and shall be used only for the support of IowAccess projects.
   3.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, there is appropriated from the IowAccess revolving fund, to the office of the secretary of state $75,000 for costs associated with decennial redistricting.
   Sec. 6.  STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION CHARGE.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the monthly per contract administrative charge which may be assessed by the department of administrative services shall be $2 per contract on all health insurance plans administered by the department.
   Sec. 7.  AUDITOR OF STATE.
   1.  There is appropriated from the general fund of the state to the office of the auditor of state for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated, and for not more than the following full-time equivalent positions:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    935,529
............................................... FTEs     103.00
   2.  The auditor of state may retain additional full-time equivalent positions as is reasonable and necessary to perform governmental subdivision audits which are reimbursable pursuant to section 11.20 or 11.21, to perform audits which are requested by and reimbursable from the federal government, and to perform work requested by and reimbursable from departments or agencies pursuant to section 11.5A or 11.5B. The auditor of state shall notify the department of management, the legislative fiscal committee, and the legislative services agency of the additional full-time equivalent positions retained.
   3.  The auditor of state shall allocate resources from the appropriation in this section solely for audit work related to the comprehensive annual financial report, federally required audits, and investigations of embezzlement, theft, or other significant financial irregularities until the audit of the comprehensive annual financial report is complete.
   Sec. 8.  IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD.  There is appropriated from the general fund of the state to the Iowa ethics and campaign disclosure board for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    475,000
............................................... FTEs       5.00
   Sec. 9.  DEPARTMENT OF COMMERCE.
   1.  There is appropriated from the general fund of the state to the department of commerce for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, for the purposes designated:
   a.  ALCOHOLIC BEVERAGES DIVISION
   (1) For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,220,391
............................................... FTEs      21.00
   (2)  Of the funds appropriated pursuant to this paragraph, up to $60,000 shall be used to establish and implement a web-based alcohol compliance employee training program for alcoholic beverage sales personnel.
   b.  PROFESSIONAL LICENSING AND REGULATION BUREAU
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    609,353
............................................... FTEs      12.00

   2.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the department of commerce for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, for the purposes designated:
   a.  BANKING DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,851,670
............................................... FTEs      80.00
   b.  CREDIT UNION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,727,995
............................................... FTEs      19.00
   c.  INSURANCE DIVISION
   (1)  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  4,983,244
............................................... FTEs     106.50
   (2)  The insurance division may reallocate authorized full-time equivalent positions as necessary to respond to accreditation recommendations or requirements. The insurance division expenditures for examination purposes may exceed the projected receipts, refunds, and reimbursements, estimated pursuant to section 505.7, subsection 7, including the expenditures for retention of additional personnel, if the expenditures are fully reimbursable and the division first does both of the following:
   (a)  Notifies the department of management, the legislative services agency, and the legislative fiscal committee of the need for the expenditures.

   (b)  Files with each of the entities named in subparagraph division (a) the legislative and regulatory justification for the expenditures, along with an estimate of the expenditures.
   d.  UTILITIES DIVISION
   (1)  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,173,069
............................................... FTEs      79.00
   (2)  The utilities division may expend additional funds, including funds for additional personnel, if those additional expenditures are actual expenses which exceed the funds budgeted for utility regulation and the expenditures are fully reimbursable. Before the division expends or encumbers an amount in excess of the funds budgeted for regulation, the division shall first do both of the following:
   (a)  Notify the department of management, the legislative services agency, and the legislative fiscal committee of the need for the expenditures.
   (b)  File with each of the entities named in subparagraph division (a) the legislative and regulatory justification for the expenditures, along with an estimate of the expenditures.
   (3)  In addition to the funds otherwise appropriated to the division in subparagraph (1), and contingent upon the enactment of legislation during the 2011 legislative session relating to the permitting, licensing, construction, and operation of nuclear generation facilities and establishing rate-making principles in relation thereto, for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    500,000
............................................... FTEs       3.50
   3.  CHARGES.  Each division and the office of consumer advocate shall include in its charges assessed or revenues generated an amount sufficient to cover the amount stated in its appropriation and any state-assessed indirect costs determined by the department of administrative services.
   Sec. 10.  DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING AND REGULATION BUREAU.  There is appropriated from the housing trust fund of the Iowa finance authority created in section 16.181, to the bureau of professional licensing and regulation of the banking division of the department of commerce for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     62,317
   Sec. 11.  GOVERNOR AND LIEUTENANT GOVERNOR.  There is appropriated from the general fund of the state to the offices of the governor and the lieutenant governor for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  2,288,025
............................................... FTEs      22.88
   Sec. 12.  GOVERNOR’S OFFICE OF DRUG CONTROL POLICY.  There is appropriated from the general fund of the state to the governor’s office of drug control policy for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, including statewide coordination of the drug abuse resistance education (D.A.R.E.) programs or similar programs, and for not more than the following full-time equivalent positions:
.................................................. $    326,043
............................................... FTEs       8.00
   Sec. 13.  DEPARTMENT OF HUMAN RIGHTS.  There is appropriated from the general fund of the state to the department of human rights for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CENTRAL ADMINISTRATION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    206,103
............................................... FTEs       7.00
   2.  COMMUNITY ADVOCACY AND SERVICES DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    820,135
............................................... FTEs      17.00
   3.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,023,892
............................................... FTEs      10.00
   The criminal and juvenile justice planning advisory council and the juvenile justice advisory council shall coordinate their efforts in carrying out their respective duties relative to juvenile justice.
   Sec. 14.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the general fund of the state to the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  ADMINISTRATION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,537,715
............................................... FTEs      37.40
   2.  ADMINISTRATIVE HEARINGS DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    528,753
............................................... FTEs      23.00
   3.  INVESTIGATIONS DIVISION
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,168,639
............................................... FTEs      58.50
   b.  The department, in coordination with the investigations division, shall provide a report to the general assembly by January 10, 2012, concerning the fiscal impact of additional full-time equivalent positions on the department’s efforts relative to the Medicaid divestiture program under chapter 249F.
   4.  HEALTH FACILITIES DIVISION
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,555,328
............................................... FTEs     134.75
   b.  The department shall, in coordination with the health facilities division, make the following information available to the public in a timely manner, to include providing the information on the department’s internet website, during the fiscal year beginning July 1, 2011, and ending June 30, 2012:
   (1)  The number of inspections conducted by the division annually by type of service provider and type of inspection.
   (2)  The total annual operations budget for the division, including general fund appropriations and federal contract dollars received by type of service provider inspected.
   (3)  The total number of full-time equivalent positions in the division, to include the number of full-time equivalent positions serving in a supervisory capacity, and serving as surveyors, inspectors, or monitors in the field by type of service provider inspected.
   (4)  Identification of state and federal survey trends, cited regulations, the scope and severity of deficiencies identified, and federal and state fines assessed and collected concerning nursing and assisted living facilities and programs.
   c.  It is the intent of the general assembly that the department and division continuously solicit input from facilities regulated by the division to assess and improve the division’s level of collaboration and to identify new opportunities for cooperation.
   5.  EMPLOYMENT APPEAL BOARD
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $     42,215
............................................... FTEs      14.00
   b.  The employment appeal board shall be reimbursed by the labor services division of the department of workforce development for all costs associated with hearings conducted under chapter 91C, related to contractor registration. The board may expend, in addition to the amount appropriated under this subsection, additional amounts as are directly billable to the labor services division under this subsection and to retain the additional full-time equivalent positions as needed to conduct hearings required pursuant to chapter 91C.
   6.  CHILD ADVOCACY BOARD
   a.  For foster care review and the court appointed special advocate program, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,554,771
............................................... FTEs      40.80
   b.  The department of human services, in coordination with the child advocacy board and the department of inspections and appeals, shall submit an application for funding available pursuant to Tit. IV-E of the federal Social Security Act for claims for child advocacy board administrative review costs.
   c.  The court appointed special advocate program shall investigate and develop opportunities for expanding fund-raising for the program.
   d.  Administrative costs charged by the department of inspections and appeals for items funded under this subsection shall not exceed 4 percent of the amount appropriated in this subsection.
   Sec. 15.  DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL CORPORATION FOOD INSPECTIONS.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the department of inspections and appeals shall retain any license fees generated during the fiscal year as a result of actions under section 137F.3A occurring during the period beginning July 1, 2009, and ending June 30, 2011, for the purpose of enforcing the provisions of chapters 137C, 137D, and 137F.
   Sec. 16.  DEPARTMENT OF INSPECTIONS AND APPEALS —— 

HEALTH CARE FACILITIES INSPECTIONS.  Notwithstanding any provision of section 135C.16 to the contrary, inspections of health care facilities that are only state-licensed and not certified under the Medicare or Medicaid programs shall not be inspected by the department of inspections and appeals every thirty months, but only as provided pursuant to sections 135C.9 and 135C.38.
   Sec. 17.  DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION.  There is appropriated from the Medicaid fraud fund created in section 249.7 to the health facilities division of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    650,000
   Sec. 18.  INVESTIGATIONS DIVISION OF DEPARTMENT OF INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION.  If Senate File 313 or successor legislation providing for debt setoff or other recovery activities for nonpayment of premiums pursuant to section 249A.3, subsection 2, paragraph “a”, subparagraph (1), relating to a special income eligibility group under the Medicaid program, or pursuant to section 249J.8, subsection 1, relating to the expansion population eligibility group under the IowaCare program, is enacted by the Eighty-fourth General Assembly, 2011 Session, in addition to other full-time equivalent positions authorized for the investigations division of the department of inspections and appeals for the fiscal year beginning July 1, 2011, not more than 2.00 FTEs are authorized, to the extent funded through moneys available to the department of human services, to be used to implement such provisions of Senate File 313 or successor legislation.
   Sec. 19.  RACING AND GAMING COMMISSION.
   1.  RACETRACK REGULATION
   There is appropriated from the gaming regulatory revolving fund established in section 99F.20 to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes for the regulation of pari-mutuel racetracks, and for not more than the following full-time equivalent positions:
.................................................. $  2,511,440
............................................... FTEs      28.53
   2.  EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
   There is appropriated from the gaming regulatory revolving fund established in section 99F.20 to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes for administration and enforcement of the excursion boat gambling and gambling structure laws, and for not more than the following full-time equivalent positions:
.................................................. $  3,078,100
............................................... FTEs      44.22
   Sec. 20.  ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the road use tax fund created in section 312.1 to the administrative hearings division of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  1,623,897
   Sec. 21.  DEPARTMENT OF MANAGEMENT.
   1.  There is appropriated from the general fund of the state to the department of management for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,423,998
............................................... FTEs      25.00
   2.  Of the moneys appropriated in this section, the department shall use a portion for enterprise resource planning, providing for a salary model administrator, conducting performance audits, and for the department’s LEAN process.
   Sec. 22.  ROAD USE TAX APPROPRIATION —— DEPARTMENT OF MANAGEMENT.  There is appropriated from the road use tax fund created in section 312.1 to the department of management for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     56,000
   Sec. 23.  DEPARTMENT OF REVENUE.
   1.  There is appropriated from the general fund of the state to the department of revenue for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 17,615,484
............................................... FTEs     303.48
   2.  Of the funds appropriated pursuant to this section, $400,000 shall be used to pay the direct costs of compliance related to the collection and distribution of local sales and services taxes imposed pursuant to chapters 423B and 423E.
   3.  The director of revenue shall prepare and issue a state appraisal manual and the revisions to the state appraisal manual as provided in section 421.17, subsection 17, without cost to a city or county.
   Sec. 24.  MOTOR VEHICLE FUEL TAX APPROPRIATION.  There is appropriated from the motor fuel tax fund created by section 452A.77 to the department of revenue for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for administration and enforcement of the provisions of chapter 452A and the motor vehicle use tax program:
.................................................. $  1,305,775
   Sec. 25.  SECRETARY OF STATE.
   1.  There is appropriated from the general fund of the state to the office of the secretary of state for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
     For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,895,585
............................................... FTEs      45.00
   2.  The state department or state agency which provides data processing services to support voter registration file maintenance and storage shall provide those services without charge.
   Sec. 26.  SECRETARY OF STATE FILING FEES REFUND.  

Notwithstanding the obligation to collect fees pursuant to the provisions of section 490.122, subsection 1, paragraphs “a” and “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 1, 2011, the secretary of state may refund these fees to the filer pursuant to rules established by the secretary of state. The decision of the secretary of state not to issue a refund under rules established by the secretary of state is final and not subject to review pursuant to chapter 17A.
   Sec. 27.  TREASURER.
   1.  There is appropriated from the general fund of the state to the office of treasurer of state for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    854,289
............................................... FTEs      28.80
   2.  The office of treasurer of state shall supply clerical and secretarial support for the executive council.
   Sec. 28.  ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER OF STATE.  There is appropriated from the road use tax fund created in section 312.1 to the office of treasurer of state for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For enterprise resource management costs related to the distribution of road use tax funds:
.................................................. $     93,148
   Sec. 29.  IPERS —— GENERAL OFFICE.  There is appropriated from the Iowa public employees’ retirement system fund to the Iowa public employees’ retirement system for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and other operational purposes to pay the costs of the Iowa public employees’ retirement system, and for not more than the following full-time equivalent positions:
.................................................. $ 17,686,968
............................................... FTEs      90.13
   Sec. 30.  STATE CAPITOL SIDEWALK HEATING —— DISCONNECTION.  The department of administrative services shall disconnect electricity to the heated sidewalk installed in the entry walkway on the East side of the state capitol building, and shall not reconnect the electricity without the authorization of the general assembly.
   Sec. 31.  Section 8A.111, subsection 4, Code 2011, is amended by striking the subsection.
   Sec. 32.  Section 8A.311, subsection 15, Code 2011, is amended to read as follows:
   15.
  a.  A bidder awarded, to be considered for an award of a state construction contract, shall disclose to the state agency awarding the contract the names of all subcontractors, and suppliers who will work on the project being bid, within forty-eight hours after the award of the contract published date and time by which bids must submitted.
   b.  A bidder shall not replace a subcontractor or supplier disclosed under paragraph“a” without the approval of the state agency awarding the contract.
   c.  A bidder, prior to an award or who is awarded a state construction contract, shall disclose all of the following, as applicable:
   b.  (1)  If a subcontractor named or supplier disclosed under paragraph “a” by a bidder awarded a state construction contract is replaced, or if the reason for replacement and the name of the new subcontractor or supplier.
   (2)  If the cost of work to be done by a subcontractor or supplier is reduced, the bidder shall disclose the name of the new subcontractor or changed or if the replacement of a subcontractor or supplier results in a change in the cost, the amount of the reduced change in cost.
   Sec. 33.  Section 8A.315, subsection 1, paragraph d, Code 2011, is amended by striking the paragraph.
   Sec. 34.  Section 8A.321, subsection 6, Code 2011, is amended to read as follows:
   6.
  a.  Lease all buildings and office space necessary to carry out the provisions of this subchapter or necessary for the proper functioning of any state agency at the seat of government wherever located throughout the state. For state agencies at the seat of government, the director may lease buildings and office space in Polk county or in a county contiguous to Polk county. If no specific appropriation has been made, the proposed lease shall be submitted to the executive council for approval. The cost of any lease for which no specific appropriation has been made shall be paid from the fund provided in section 7D.29. Additionally, the director shall also develop cooperative relationships with the state board of regents in order to promote colocation of state agencies.
   b.  When the general assembly is not in session, the director may request moneys from the executive council for moving state agencieslocated at the seat of government from one location to another. The request may include moving costs, telecommunications costs, repair costs, or any other costs relating to the move. The executive council may approve and shall pay the costs from funds provided in section 7D.29 if it determines the agency or department has no available funds for these expenses.
   c.  Coordinate the leasing of buildings and office space by state agencies throughout the state and develop cooperative relationships with the state board of regents in order to promote the colocation of state agencies.
   Sec. 35.  Section 8A.327, subsection 1, Code 2011, is amended to read as follows:
   1.  A rent revolving fund is created in the state treasury under the control of the department to be used by the department to pay the lease or rental costs of all buildings and office space necessary for the proper functioning of any state agency at the seat of state government wherever located throughout the state as provided in section 8A.321, subsection 6, except that this fund shall not be used to pay the rental or lease costs of a state agency which has not received funds budgeted for rental or lease purposes.
   Sec. 36.  Section 8A.361, Code 2011, is amended to read as follows:
   8A.361  Vehicle assignment —— authority in department.
   The department shall provide for the assignment of all state-owned motor vehicles to utilized by all state officers and employees, and to by all state offices, departments, bureaus, and commissions, except the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other agencies exempted by law.
   Sec. 37.  Section 8A.362, subsection 4, paragraphs a through c, Code 2011, are amended to read as follows:
   a.  The director shall provide for the purchase ofall motor vehicles for all branches of the state government, except the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other state agency exempted by law, which are not rented or leased pursuant to section 8A.367. The director shall purchase new vehicles in accordance with competitive bidding procedures for items or services as provided in this subchapter. The director may purchase used or preowned vehicles at governmental or dealer auctions if the purchase is determined to be in the best interests of the state.
   b.  The director, and any other state agency, which for purposes of this subsection includes but is not limited to community colleges and institutions under the control of the state board of regents, or local governmental subdivisions purchasing new motor vehicles, shall purchase new passenger motor vehicles and light trucks, which are not rented or leased pursuant to section 8A.367, so that the average fuel efficiency for the fleet of new passenger vehicles and light trucks purchased in that year equals or exceeds the average fuel economy standard for the vehicles’ model year as established by the United States secretary of transportation under 15 U.S.C. § 2002. This paragraph does not apply to vehicles purchased for law enforcement purposes or used for off-road maintenance work, or work vehicles used to pull loaded trailers.
   c.  Not later than June 15 of each year, the director shall report compliance with the corporate average fuel economy standards published by the United States secretary of transportation for new assigned motor vehicles, other than motor vehicles purchased by the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other state agency exempted from the requirements of this subsection. The report of compliance shall classify the vehicles purchased assigned for the current vehicle model year using the following categories:  passenger automobiles, enforcement automobiles, vans, and light trucks. The director shall deliver a copy of the report to the office of energy independence. As used in this paragraph,“corporate average fuel economy” means the corporate average fuel economy as defined in 49 C.F.R. § 533.5.
   Sec. 38.  Section 8A.362, subsection 5, Code 2011, is amended by striking the subsection.
   Sec. 39.  Section 8A.362, subsections 7 through 9, Code 2011, are amended to read as follows:
   7.  The director may authorize the establishment of motor pools consisting of a number of state-owned state-assigned motor vehicles under the director’s supervision. The director may store the motor vehicles in a public or private garage. If the director establishes a motor pool, any state officer or employee desiring the use of a state-owned state-assigned motor vehicle on state business shall notify the director of the need for a vehicle within a reasonable time prior to actual use of the motor vehicle. The director may assign a motor vehicle from the motor pool to the state officer or employee, or from the vendor awarded a contract pursuant to section 8A.367. If two or more state officers or employees desire the use of a state-owned state-assigned motor vehicle for a trip to the same destination for the same length of time, the director may assign one vehicle to make the trip.
   8.  The director shall require that a sign be placed on each state-owned motor vehicle in a conspicuous place which indicates its ownership by the state. This requirement shall not apply to motor vehicles requested to be exempt by the director or by the commissioner of public safety. All state-owned motor vehicles shall display registration plates bearing the word “official” except motor vehicles requested to be furnished with ordinary plates by the director or by the commissioner of public safety pursuant to section 321.19. The director shall keep an accurate record of the registration plates used on all state-owned motor vehicles.  This subsection shall not apply to an assigned vehicle rented or leased pursuant to section 8A.367.
   9.  All fuel used in state-owned state-assigned automobiles shall be purchased at cost from the various installations or garages of the state department of transportation, state board of regents, department of human services, or state motor pools throughout the state, unless the state-owned sources for the purchase of fuel are not reasonably accessible. If the director determines that state-owned sources for the purchase of fuel are not reasonably accessible, the director shall authorize the purchase of fuel from other sources. The director may prescribe a manner, other than the use of the revolving fund, in which the purchase of fuel from state-owned sources is charged to the state agency responsible for the use of the motor vehicle. The director shall prescribe the manner in which oil and other normal motor vehicle maintenance for state-owned motor vehicles may be purchased from private sources, if they cannot be reasonably obtained from a state motor pool. The director may advertise for bids and award contracts in accordance with competitive bidding procedures for items and services as provided in this subchapter for furnishing fuel, oil, grease, and vehicle replacement parts for all state-owned motor vehicles. The director and other state agencies, when advertising for bids for gasoline, shall also seek bids for ethanol blended gasoline.
   Sec. 40.  Section 8A.363, subsection 1, Code 2011, is amended to read as follows:
   1.  A state officer or employee shall not use a state-owned state-assigned motor vehicle for personal private use. A state officer or employee shall not be compensated for driving a privately owned motor vehicle unless it is done on state business with the approval of the director. In that case the state officer or employee shall receive an amount to be determined by the director. The amount shall not exceed the maximum allowable under the federal internal revenue service rules per mile, notwithstanding established mileage requirements or depreciation allowances. However, the director may authorize private motor vehicle rates in excess of the rate allowed under the federal internal revenue service rules for state business use of substantially modified or specially equipped privately owned vehicles required by persons with disabilities. A statutory provision establishing reimbursement for necessary mileage, travel, or actual expenses to a state officer falls under the private motor vehicle mileage rate limitation provided in this section unless specifically provided otherwise. Any peace officer employed by the state as defined in section 801.4 who is required to use a private motor vehicle in the performance of official duties shall receive the private vehicle mileage rate at the rate provided in this section. However, the director may delegate authority to officials of the state, and department heads, for the use of private vehicles on state business up to a yearly mileage figure established by the director. If astate motor vehicle has been assigned to a state officer or employee, the officer or employee shall not collect mileage for the use of a privately owned motor vehicle unless thestate motor vehicle assigned is not usable.
   Sec. 41.  NEW SECTION.  8A.367  State-owned passenger vehicles —— disposition and sale —— fleet privatization.
   1.  For purposes of this section,“passenger vehicles”means United States environmental protection agency designated compact sedans, compact wagon, midsize sedans, midsize wagons, full-size sedans, and passenger minivans, and additional vehicle classes determined by the department to be able to be reasonably supported by a private entity for rental or leasing. “Passenger vehicles” does not mean utility vehicles, vans other than passenger minivans, fire trucks, ambulances, motor homes, buses, medium-duty and heavy-duty trucks, heavy construction equipment, and other highway maintenance vehicles, vehicles assigned for law enforcement purposes, and any other classes of vehicles of limited application approved by the director of the department of administrative services.
   2.  On or before September 30, 2011, the department shall implement a request for proposal process to enter into a contract for the purpose of state passenger vehicle rental or leasing from a private entity. Prior to awarding a contract, a private entity shall demonstrate the following:
   a.  Existence of sufficient inventory of passenger vehicles within this state to accommodate the needs of the state in assigning passenger vehicles.
   b.  Existence of adequate personnel in any county within the state where rental and leasing activity can be supported to satisfy the terms of the contract in renting or leasing state-assigned vehicles.
   c.  Existence of adequate personnel to facilitate the sale and disposition of the existing state-owned passenger vehicles returned to the department pursuant to subsection 3 or otherwise under the control of the department. Notwithstanding the provisions of section 8A.364 to the contrary, proceeds from the sale of motor vehicles as provided by this subsection shall be credited to the fund from which the motor vehicles were purchased.
   3.  By March 1, 2012, the department shall award a vehicle rental or leasing contract to a private entity, and shall assign passenger vehicles for rental or lease pursuant to that contract, to the extent the department determines doing so would be economically feasible and financially advantageous. By March 1, 2012, all state-assigned passenger vehicles designated for use by multiple drivers, and located in any county of this state which can support the operation of a private entity for rental and leasing purposes, which the department determines would be suitable for rental or leasing shall be returned to the department for use and disposition as provided in this section.
   4.  Notwithstanding any other provision of state law to the contrary, a private entity awarded a contract pursuant to this section shall not be required to indemnify or hold harmless the state for any liability the state might have to any third party due to the negligence of the state or any of its employees.
   5.  The department shall conduct an ongoing evaluation regarding the economic advantages of renting or leasing state-assigned vehicles versus state ownership of such vehicles, and shall accordingly adjust the number of vehicles subject to the rental and leasing contract pursuant to this section at intervals specified in the contract.
   Sec. 42.  Section 8A.512, subsection 2, Code 2011, is amended by striking the subsection.
   Sec. 43.  NEW SECTION.  8A.512A  Executive branch employee travel —— information and database.
   1.  The department shall develop and maintain the following:
   a.  An electronic travel authorization form to be used for any executive branch employee’s reimbursable travel, conference, or related expenditures associated with the employee’s official duties. The electronic travel authorization form shall include all of the following:

   (1)  The identification of the employee, the employee’s title, and the employee’s department or agency.
   (2)  The travel departure point and destination point.
   (3)  The reason for the travel.
   (4)  The estimated reimbursable expenses.
   (5)  The date or dates upon which the travel is to occur.
   b.  A searchable database available on the department’s internet site containing information related to all executive branch employee travel that includes all of the following:
   (1)  The identification of the employee who engaged in the travel, the employee’s department or agency, and the employee’s title.
   (2)  The travel departure point and destination point.
   (3)  The reason for the travel.
   (4)  The actual amount of expenses reimbursed.
   (5)  The date or dates upon which the travel occurred.
   2.  A claim for reimbursement for any travel, conference, or related expenditures shall only be allowed after the occurrence of both of the following:
   a.  The electronic travel authorization form is approved by the head of the employee’s department.
   b.  The request for reimbursement is submitted by the employee on the appropriate form with required approvals.
   3.  For purposes of this section,“executive branch employee”means an employee of the executive branch as defined in section 7D.2, other than a member or employee of the state board of regents and institutions under the control of the state board of regents.
   Sec. 44.  Section 22.3A, subsection 1, paragraph e, Code 2011, is amended to read as follows:
   e.  “Data processing software” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data, and includes any program or set of programs, procedures, or routines used to employ and control capabilities of computer hardware. As used in this paragraph“data processing software” includes but is not limited to an operating system, compiler, assembler, utility, library resource, maintenance routine, application,or computer networking program, or the associated documentation.
   Sec. 45.  Section 99D.14, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  Notwithstanding sections 8.60 and 99D.17, the portion of the fee paid pursuant to paragraph“a” relating to the costs of special agents plus any direct and indirect support costs for the agents, for the division of criminal investigation’s racetrack activities, shall not be deposited in the general fund of the state but instead shall be deposited into either the gaming enforcement revolving fund established in section 80.43 or the gaming regulatory revolving fund established in section 99F.20, as determined by the department.
   Sec. 46.  Section 99F.10, subsection 4, paragraph b, Code 2011, is amended to read as follows:
   b.  Notwithstanding sections 8.60 and 99F.4, the portion of the fee paid pursuant to paragraph“a” relating to the costs of special agents and officers plus any direct and indirect support costs for the agents and officers, for the division of criminal investigation’s excursion gambling boat or gambling structure activities, shall not be deposited in the general fund of the state but instead shall be deposited into either the gaming enforcement revolving fund established in section 80.43 or the gaming regulatory revolving fund established in section 99F.20, as determined by the department.
   Sec. 47.  NEW SECTION.  99F.20  Gaming regulatory revolving fund.
   1.  A gaming regulatory revolving fund is created in the state treasury under the control of the department. The fund shall consist of fees collected and deposited into the fund paid by licensees pursuant to section 99D.14, subsection 2, paragraph “b”, and fees paid by licensees pursuant to section 99F.10, subsection 4, paragraph “b”. All costs relating to racetrack, excursion boat, and gambling structure regulation shall be paid from the fund as provided in appropriations made for this purpose by the general assembly. The department shall provide quarterly reports to the department of management and the legislative services agency specifying revenues billed and collected and expenditures from the fund in a format as determined by the department of management in consultation with the legislative services agency.
   2.  To meet the department’s cash flow needs, the department may temporarily use funds from the general fund of the state to pay expenses in excess of moneys available in the revolving fund if those additional expenditures are fully reimbursable and the department reimburses the general fund of the state and ensures all moneys are repaid in full by the close of the fiscal year. Notwithstanding any provision to the contrary, the department shall, to the fullest extent possible, make an estimate of billings and make such billings as early as possible in each fiscal year, so that the need for the use of general fund moneys is minimized to the lowest extent possible. Because any general fund moneys used shall be fully reimbursed, such temporary use of funds from the general fund of the state shall not constitute an appropriation for purposes of calculating the state general fund expenditure limitation pursuant to section 8.54.
   3.  Section 8.33 does not apply to any moneys credited or appropriated to the revolving fund from any other fund.
   4.  The establishment of the revolving fund pursuant to this section shall not be interpreted in any manner to compromise or impact the accountability of, or limit authority with respect to, the department under state law. Any provision applicable to, or responsibility of, the department shall not be altered or impacted by the existence of the fund and shall remain applicable to the same extent as if the department were receiving moneys pursuant to a general fund appropriation. The department shall comply with directions by the governor to executive branch departments regarding restrictions on out-of-state travel, hiring justifications, association memberships, equipment purchases, consulting contracts, and any other expenditure efficiencies that the governor deems appropriate.
   Sec. 48.  Section 217.20, Code 2011, is amended by striking the section.
   Sec. 49.  Section 249A.7, subsection 3, as amended by 2011 Iowa Acts, House File 389, section 1, is amended by striking the subsection and inserting in lieu thereof the following:
   3.
  a.  A Medicaid fraud fund is created in the state treasury under the authority of the department of inspections and appeals. Moneys from penalties, investigative costs recoupled by the Medicaid fraud control unit, and other amounts received as a result of prosecutions involving the department of inspections and appeals investigations and audits to ensure compliance with the medical assistance program that are not credited to the program shall be credited to the fund.
   b.  Notwithstanding section 8.33, moneys credited to the fund from any other account or fund shall not revert to the other account or fund. Moneys in the fund shall only be used as provided in appropriations from the fund and shall be used in accordance with applicable laws, regulations, and the policies of the office of inspector general of the United States department of health and human services.
   c.  For the purposes of this subsection,“investigative costs” means the reasonable value of a Medicaid fraud control unit investigator’s, auditor’s or employee’s time, any moneys expended by the Medicaid fraud control unit, and the reasonable fair market value of resources used or expended by the Medicaid fraud control unit in a case resulting in a criminal conviction of a provider under this chapter or chapter 714 or 715A.
   Sec. 50.  Section 546.12, Code 2011, is amended to read as follows:
   546.12  Department of commerce revolving fund.

   1.  A department of commerce revolving fund is created in the state treasury. The fund shall consist of moneys collected by the banking division; credit union division; utilities division, including moneys collected on behalf of the office of consumer advocate established in section 475A.3; and the insurance division of the department; and deposited into an account for that division or office within the fund on a monthly basis. Except as otherwise provided by statute, all costs for operating the office of consumer advocate and the banking division, the credit union division, the utilities division, and the insurance division of the department shall be paid from the division’s accounts within the fund, subject to appropriation by the general assembly.  The insurance division shall administer the fund and all other divisions shall work with the insurance division to make sure the fund is properly accounted and reported to the department of management and the department of administrative services. The divisions shall provide quarterly reports to the department of management and the legislative services agency on revenues billed and collected and expenditures from the fund in a format as determined by the department of management in consultation with the legislative services agency.
   2.  To meet cash flow needs for the office of consumer advocate and the banking division, credit union division, utilities division, or the insurance division of the department, the administrative head of that division or office may temporarily use funds from the general fund of the state to pay expenses in excess of moneys available in the revolving fund for that division or office if those additional expenditures are fully reimbursable and the division or office reimburses the general fund of the state and ensures all moneys are repaid in full by the close of the fiscal year.  Notwithstanding any provision to the contrary, the divisions shall, to the fullest extent possible, make an estimate of billings and make such billings as early as possible in each fiscal year, so that the need for the use of general fund moneys is minimized to the lowest extent possible. Because any general fund moneys used shall be fully reimbursed, such temporary use of funds from the general fund of the state shall not constitute an appropriation for purposes of calculating the state general fund expenditure limitation pursuant to section 8.54.
   3.  Section 8.33 does not apply to any moneys credited or appropriated to the revolving fund from any other fund.
   4.  The establishment of the revolving fund pursuant to this section shall not be interpreted in any manner to compromise or impact the accountability of, or limit authority with respect to, an agency or entity under state law. Any provision applicable to, or responsibility of, a division or office collecting moneys for deposit into the fund established pursuant to this section shall not be altered or impacted by the existence of the fund and shall remain applicable to the same extent as if the division or office were receiving moneys pursuant to a general fund appropriation. The divisions of the department of commerce shall comply with directions by the governor to executive branch departments regarding restrictions on out-of-state travel, hiring justifications, association memberships, equipment purchases, consulting contracts, and any other expenditure efficiencies that the governor deems appropriate.
   Sec. 51.  Section 715C.2, subsection 1, Code 2011, is amended to read as follows:
   1.  Any person who owns or licenses computerized data that includes a consumer’s personal information that is used in the course of the person’s business, vocation, occupation, or volunteer activities and that was subject to a breach of security shall give notice of the breach of security following discovery of such breach of security, or receipt of notification under subsection 2, to any consumer whose personal information was included in the information that was breached. The consumer notification shall be made in the most expeditious manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection 3, and consistent with any measures necessary to sufficiently determine contact information for the affected consumers, determine the scope of the breach, and restore the reasonable integrity, security, and confidentiality of the data.  A person required to provide notice of a breach of security under this section shall also notify the attorney general as to the timing, content, and distribution of the notice to consumers and an approximate number of affected consumers.
   Sec. 52.  Section 904.114, Code 2011, is amended to read as follows:
   904.114  Travel expenses.
   The director, staff members, assistants, and employees, in addition to salary, shall receive their necessary traveling expenses by the nearest practicable route, when engaged in the performance of official business. Permission shall not be granted to any person to travel to another state except by approval of the board and the executive council.
   Sec. 53.  2009 Iowa Acts, chapter 169, section 4, subsection 2, is amended to read as follows:
   2.
  a.  From the moneys appropriated in this section, there is transferred to the department of human rights two hundred fifty thousand dollars for deposit in the individual development account state match fund created in section 541A.7. Notwithstanding other provisions to the contrary in section 541A.3, subsection 1, moneys appropriated to the individual development account state match fund under this subsection shall be used to provide the state match to account holders affected by a natural disaster occurring in 2008 for which the president of the United States declared a disaster area, and who have a household income that is equal to or less than three hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services.
   b.  Moneys transferred pursuant to paragraph “a” that remain unencumbered or unobligated on July 1, 2011, shall be transferred to the taxpayers trust fund created in section 8.57E.
   Sec. 54.  2010 Iowa Acts, chapter 1193, section 29, is amended to read as follows:
   SEC. 29.
  DEPARTMENT OF ADMINISTRATIVE SERVICES —— INFORMATION TECHNOLOGY.
   1.  There is appropriated from the general fund of the state to the department of administrative services for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For implementing 2010 Iowa Acts, Senate File 2088, division I, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  2,300,000
   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year ending June 30, 2011, shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year ending June 30, 2012.
   Sec. 55.  2011 Iowa Acts, House File 45, section 8, is amended to read as follows:
   SEC. 8.  SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK.  The Iowa telecommunications and technology commission shall implement a request for proposals process to sell or lease the Iowa communications network. The request for proposals shall provide for the sale to be concluded or the lease to commence during the fiscal year beginning July 1, 2011 2012. The commission shall condition the sale or lease of the Iowa communications network with terms that will allow existing authorized users of the network to continue such use at a lower overall long-term cost when compared to the anticipated operation and maintenance costs if state ownership and control were to continue. Public funds shall not be used to secure the purchase of the network. The commission shall submit periodic status reports to the general assembly at three-month intervals, beginning on October 1, 2011, regarding progress made toward selling or leasing the network.  Compliance with or implementation of this section shall be deemed to satisfy the statutory requirement specified in section 8D.12 regarding prior authorization to dispose of the network.
   Sec. 56.  REPEAL.  2009 Iowa Acts, chapter 179, section 146, is repealed.
   Sec. 57.  CODE EDITOR DIRECTIVE.  The Code editor is directed to change the words “state-owned” to “state-assigned”, to the extent not otherwise changed pursuant to this Act, in Code sections 8A.362, 8A.363, 8A.364, and 8A.366.
   Sec. 58.  EFFECTIVE UPON ENACTMENT.
   1.  The section of this division of this Act directing the department of administrative services to disconnect electricity to the heated sidewalk installed at the state capitol building, being deemed of immediate importance, takes effect upon enactment.
   2.  The section of this division of this Act providing implementation provisions regarding leasing authority of the department of administrative services, being deemed of immediate importance, takes effect upon enactment.
   3.  The sections of this division of this Act relating to executive branch employee travel and travel reimbursement implementation, being deemed of immediate importance, take effect upon enactment.
   4.  The section of this division of this Act relating to nonreversion of moneys appropriated to the department of administrative services for implementation of 2010 Iowa Acts, chapter 1031, division I, being deemed of immediate importance, takes effect upon enactment.

DIVISION II

ADMINISTRATION AND REGULATION

FY 2012-2013
   Sec. 59.  DEPARTMENT OF ADMINISTRATIVE SERVICES.
   1.  There is appropriated from the general fund of the state to the department of administrative services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated, and for not more than the following full-time equivalent positions:
   a.  For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  3,417,292
............................................... FTEs      84.18
   b.  For the payment of utility costs:
.................................................. $  2,498,490
............................................... FTEs       1.00
   Notwithstanding section 8.33, any excess funds appropriated for utility costs in this lettered paragraph shall not revert to the general fund of the state at the end of the fiscal year but shall remain available for expenditure for the purposes of this lettered paragraph during the succeeding fiscal year.
   c.  For Terrace Hill operations:
.................................................. $    345,027
............................................... FTEs       6.88
   d.  For the I3 distribution account:
.................................................. $  2,828,800
   e.  For operations and maintenance of the Iowa building:
.................................................. $    865,457
............................................... FTEs       4.00
   2.  Members of the general assembly serving as members of the deferred compensation advisory board shall be entitled to receive per diem and necessary travel and actual expenses pursuant to section 2.10, subsection 5, while carrying out their official duties as members of the board.
   3.  Any funds and premiums collected by the department for workers’ compensation shall be segregated into a separate workers’ compensation fund in the state treasury to be used for payment of state employees’ workers’ compensation claims and administrative costs. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining in this workers’ compensation fund at the end of the fiscal year shall not revert but shall be available for expenditure for purposes of the fund for subsequent fiscal years.
   Sec. 60.  REVOLVING FUNDS.  There is appropriated to the department of administrative services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, from the revolving funds designated in chapter 8A and from internal service funds created by the department such amounts as the department deems necessary for the operation of the department consistent with the requirements of chapter 8A.
   Sec. 61.  FUNDING FOR IOWACCESS.
   1.  Notwithstanding section 321A.3, subsection 1, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the first $750,000 collected and transferred by the department of transportation to the treasurer of state with respect to the fees for transactions involving the furnishing of a certified abstract of a vehicle operating record under section 321A.3, subsection 1, shall be transferred to the IowAccess revolving fund for the purposes of developing, implementing, maintaining, and expanding electronic access to government records as provided by law.
   2.  All fees collected with respect to transactions involving IowAccess shall be deposited in the IowAccess revolving fund and shall be used only for the support of IowAccess projects.
   Sec. 62.  STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION CHARGE.  For the fiscal year beginning July 1, 2012, and ending June 30, 2013, the monthly per contract administrative charge which may be assessed by the department of administrative services shall be $2 per contract on all health insurance plans administered by the department.
   Sec. 63.  AUDITOR OF STATE.
   1.  There is appropriated from the general fund of the state to the office of the auditor of state for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated, and for not more than the following full-time equivalent positions:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    795,200
............................................... FTEs     103.00
   2.  The auditor of state may retain additional full-time equivalent positions as is reasonable and necessary to perform governmental subdivision audits which are reimbursable pursuant to section 11.20 or 11.21, to perform audits which are requested by and reimbursable from the federal government, and to perform work requested by and reimbursable from departments or agencies pursuant to section 11.5A or 11.5B. The auditor of state shall notify the department of management, the legislative fiscal committee, and the legislative services agency of the additional full-time equivalent positions retained.
   Sec. 64.  IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD.  There is appropriated from the general fund of the state to the Iowa ethics and campaign disclosure board for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    403,750
............................................... FTEs       5.00
   Sec. 65.  DEPARTMENT OF COMMERCE.
   1.  There is appropriated from the general fund of the state to the department of commerce for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, for the purposes designated:
   a.  ALCOHOLIC BEVERAGES DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,037,332
............................................... FTEs      21.00
   b.  PROFESSIONAL LICENSING AND REGULATION BUREAU
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    517,950
............................................... FTEs      12.00
   2.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the department of commerce for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, for the purposes designated:
   a.  BANKING DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  7,523,920
............................................... FTEs      80.00
   b.  CREDIT UNION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,468,796
............................................... FTEs      19.00
   c.  INSURANCE DIVISION
   (1)  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  4,235,757
............................................... FTEs     106.50
   (2)  The insurance division may reallocate authorized full-time equivalent positions as necessary to respond to accreditation recommendations or requirements. The insurance division expenditures for examination purposes may exceed the projected receipts, refunds, and reimbursements, estimated pursuant to section 505.7, subsection 7, including the expenditures for retention of additional personnel, if the expenditures are fully reimbursable and the division first does both of the following:
   (a)  Notifies the department of management, the legislative services agency, and the legislative fiscal committee of the need for the expenditures.
   (b)  Files with each of the entities named in subparagraph division (a) the legislative and regulatory justification for the expenditures, along with an estimate of the expenditures.
   d.  UTILITIES DIVISION
   (1)  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,947,109
............................................... FTEs      79.00
   (2)  The utilities division may expend additional funds, including funds for additional personnel, if those additional expenditures are actual expenses which exceed the funds budgeted for utility regulation and the expenditures are fully reimbursable. Before the division expends or encumbers an amount in excess of the funds budgeted for regulation, the division shall first do both of the following:

   (a)  Notify the department of management, the legislative services agency, and the legislative fiscal committee of the need for the expenditures.
   (b)  File with each of the entities named in subparagraph division (a) the legislative and regulatory justification for the expenditures, along with an estimate of the expenditures.
   (3)  In addition to the funds otherwise appropriated to the division in subparagraph (1), and contingent upon the enactment of legislation during the 2011 legislative session relating to the permitting, licensing, construction, and operation of nuclear generation facilities and establishing rate-making principles in relation thereto, for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    425,000
............................................... FTEs       5.00
   3.  CHARGES.  Each division and the office of consumer advocate shall include in its charges assessed or revenues generated an amount sufficient to cover the amount stated in its appropriation and any state-assessed indirect costs determined by the department of administrative services.
   Sec. 66.  DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING AND REGULATION BUREAU.  There is appropriated from the housing trust fund of the Iowa finance authority created in section 16.181, to the bureau of professional licensing and regulation of the banking division of the department of commerce for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     52,969
   Sec. 67.  GOVERNOR AND LIEUTENANT GOVERNOR.  There is appropriated from the general fund of the state to the offices of the governor and the lieutenant governor for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  1,944,821
............................................... FTEs      22.88
   Sec. 68.  GOVERNOR’S OFFICE OF DRUG CONTROL POLICY.  There is appropriated from the general fund of the state to the governor’s office of drug control policy for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, including statewide coordination of the drug abuse resistance education (D.A.R.E.) programs or similar programs, and for not more than the following full-time equivalent positions:
.................................................. $    277,137
............................................... FTEs       8.00
   Sec. 69.  DEPARTMENT OF HUMAN RIGHTS.  There is appropriated from the general fund of the state to the department of human rights for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CENTRAL ADMINISTRATION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    175,188
............................................... FTEs       7.00
   2.  COMMUNITY ADVOCACY AND SERVICES DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    697,115
............................................... FTEs      17.00
   3.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    870,308
............................................... FTEs      10.00
   The criminal and juvenile justice planning advisory council and the juvenile justice advisory council shall coordinate their efforts in carrying out their respective duties relative to juvenile justice.
   Sec. 70.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the general fund of the state to the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  ADMINISTRATION DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,307,058
............................................... FTEs      37.40
   2.  ADMINISTRATIVE HEARINGS DIVISION
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    449,440
............................................... FTEs      23.00
   3.  INVESTIGATIONS DIVISION
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    993,343
............................................... FTEs      58.50
   b.  The department, in coordination with the investigations division, shall provide a report to the general assembly by January 10, 2013, concerning the fiscal impact of additional full-time equivalent positions on the department’s efforts relative to the Medicaid divestiture program under chapter 249F.
   4.  HEALTH FACILITIES DIVISION
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,022,029
............................................... FTEs     134.75
   b.  The department shall, in coordination with the health facilities division, make the following information available to the public in a timely manner, to include providing the information on the department’s internet website, during the fiscal year beginning July 1, 2012, and ending June 30, 2013:
   (1)  The number of inspections conducted by the division annually by type of service provider and type of inspection.
   (2)  The total annual operations budget for the division, including general fund appropriations and federal contract dollars received by type of service provider inspected.
   (3)  The total number of full-time equivalent positions in the division, to include the number of full-time equivalent positions serving in a supervisory capacity, and serving as surveyors, inspectors, or monitors in the field by type of service provider inspected.
   (4)  Identification of state and federal survey trends, cited regulations, the scope and severity of deficiencies identified, and federal and state fines assessed and collected concerning nursing and assisted living facilities and programs.
   c.  It is the intent of the general assembly that the department and division continuously solicit input from facilities regulated by the division to assess and improve the division’s level of collaboration and to identify new opportunities for cooperation.
   5.  EMPLOYMENT APPEAL BOARD
   a.  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $     35,883
............................................... FTEs      14.00
   b.  The employment appeal board shall be reimbursed by the labor services division of the department of workforce development for all costs associated with hearings conducted under chapter 91C, related to contractor registration. The board may expend, in addition to the amount appropriated under this subsection, additional amounts as are directly billable to the labor services division under this subsection and to retain the additional full-time equivalent positions as needed to conduct hearings required pursuant to chapter 91C.
   6.  CHILD ADVOCACY BOARD
   a.  For foster care review and the court appointed special advocate program, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,171,555
............................................... FTEs      40.80
   b.  The department of human services, in coordination with the child advocacy board and the department of inspections and appeals, shall submit an application for funding available pursuant to Tit. IV-E of the federal Social Security Act for claims for child advocacy board administrative review costs.
   c.  The court appointed special advocate program shall investigate and develop opportunities for expanding fund-raising for the program.
   d.  Administrative costs charged by the department of inspections and appeals for items funded under this subsection shall not exceed 4 percent of the amount appropriated in this subsection.
   Sec. 71.  DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL CORPORATION FOOD INSPECTIONS.  For the fiscal year beginning July 1, 2012, and ending June 30, 2013, the department of inspections and appeals shall retain any license fees generated during the fiscal year as a result of actions under section 137F.3A occurring during the period beginning July 1, 2009, and ending June 30, 2012, for the purpose of enforcing the provisions of chapters 137C, 137D, and 137F.
   Sec. 72.  DEPARTMENT OF INSPECTIONS AND APPEALS —— 

HEALTH CARE FACILITIES INSPECTIONS.  Notwithstanding any provision of section 135C.16 to the contrary, inspections of health care facilities that are only state-licensed and not certified under the Medicare or Medicaid programs shall not be inspected by the department of inspections and appeals every thirty months, but only as provided pursuant to sections 135C.9 and 135C.38.
   Sec. 73.  RACING AND GAMING COMMISSION.
   1.  RACETRACK REGULATION
   There is appropriated from the gaming regulatory revolving fund established in section 99F.20 to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes for the regulation of pari-mutuel racetracks, and for not more than the following full-time equivalent positions:
.................................................. $  2,616,385
............................................... FTEs      28.53
   2.  EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
   There is appropriated from the gaming regulatory revolving fund established in section 99F.20 to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes for administration and enforcement of the excursion boat gambling and gambling structure laws, and for not more than the following full-time equivalent positions:
.................................................. $  2,134,724
............................................... FTEs      44.22
   Sec. 74.  ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the road use tax fund created in section 312.1 to the administrative hearings division of the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  1,380,312
   Sec. 75.  DEPARTMENT OF MANAGEMENT.
   1.  There is appropriated from the general fund of the state to the department of management for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,060,398
............................................... FTEs      25.00
   2.  Of the moneys appropriated in this section, the department shall use a portion for enterprise resource planning, providing for a salary model administrator, conducting performance audits, and for the department’s LEAN process.
   Sec. 76.  ROAD USE TAX APPROPRIATION —— DEPARTMENT OF MANAGEMENT.  There is appropriated from the road use tax fund created in section 312.1 to the department of management for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     47,600
   Sec. 77.  DEPARTMENT OF REVENUE.
   1.  There is appropriated from the general fund of the state to the department of revenue for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 14,973,161
............................................... FTEs     303.48
   2.  Of the funds appropriated pursuant to this section, $400,000 shall be used to pay the direct costs of compliance related to the collection and distribution of local sales and services taxes imposed pursuant to chapters 423B and 423E.
   3.  The director of revenue shall prepare and issue a state appraisal manual and the revisions to the state appraisal manual as provided in section 421.17, subsection 17, without cost to a city or county.
   Sec. 78.  MOTOR VEHICLE FUEL TAX APPROPRIATION.  There is appropriated from the motor fuel tax fund created by section 452A.77 to the department of revenue for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for administration and enforcement of the provisions of chapter 452A and the motor vehicle use tax program:
.................................................. $  1,109,909
   Sec. 79.  SECRETARY OF STATE.
   1.  There is appropriated from the general fund of the state to the office of the secretary of state for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
  For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,461,247
............................................... FTEs      45.00
   2.  The state department or state agency which provides data processing services to support voter registration file maintenance and storage shall provide those services without charge.
   Sec. 80.  SECRETARY OF STATE FILING FEES REFUND.  

Notwithstanding the obligation to collect fees pursuant to the provisions of section 490.122, subsection 1, paragraphs “a” and “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 1, 2012, the secretary of state may refund these fees to the filer pursuant to rules established by the secretary of state. The decision of the secretary of state not to issue a refund under rules established by the secretary of state is final and not subject to review pursuant to chapter 17A.
   Sec. 81.  TREASURER.
   1.  There is appropriated from the general fund of the state to the office of treasurer of state for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    726,146
............................................... FTEs      28.80
   2.  The office of treasurer of state shall supply clerical and secretarial support for the executive council.
   Sec. 82.  ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER OF STATE.  There is appropriated from the road use tax fund created in section 312.1 to the office of treasurer of state for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For enterprise resource management costs related to the distribution of road use tax funds:
.................................................. $     79,176
   Sec. 83.  IPERS —— GENERAL OFFICE.  There is appropriated from the Iowa public employees’ retirement system fund to the Iowa public employees’ retirement system for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and other operational purposes to pay the costs of the Iowa public employees’ retirement system, and for not more than the following full-time equivalent positions:
.................................................. $ 15,033,923
............................................... FTEs      90.13

DIVISION III

AGRICULTURE AND NATURAL RESOURCES

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

 GENERAL APPROPRIATIONS FOR FY 2011-2012
   Sec. 84.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
.................................................. $ 16,497,308
............................................... FTEs     366.00
   2.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated in this section to support the department’s administration, regulation, and programs.
   3.  Of the amount appropriated in this section, $238,000 is transferred to Iowa state university of science and technology, to be used for the university’s midwest grape and wine industry institute.

DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY
   Sec. 85.  UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— HORSE AND DOG RACING.  There is appropriated from the moneys available under section 99D.13 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s administration and enforcement of horse and dog racing law pursuant to section 99D.22, including for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    305,516

DESIGNATED APPROPRIATIONS —— MOTOR FUEL
   Sec. 86.  RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR FUEL INSPECTION.  There is appropriated from the renewable fuel infrastructure fund created in section 15G.205 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of the inspection of motor fuel, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    500,000
   The department shall establish and administer programs for the auditing of motor fuel including biofuel processing and production plants, for screening and testing motor fuel, including renewable fuel, and for the inspection of motor fuel sold by dealers including retail dealers who sell and dispense motor fuel from motor fuel pumps.

DIVISION IV

AGRICULTURE AND NATURAL RESOURCES

DEPARTMENT OF NATURAL RESOURCES

 GENERAL APPROPRIATIONS FOR FY 2011-2012
   Sec. 87.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
.................................................. $ 12,266,688
............................................... FTEs   1,145.95
   2.  Of the number of full-time equivalent positions authorized to the department pursuant to subsection 1, 50.00 full-time equivalent positions shall be allocated by the department for seasonal employees for purposes of providing maintenance, upkeep, and sanitary services at state parks.
   3.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated under this section to support the department’s administration, regulation, and programs.
   Sec. 88.  STATE FISH AND GAME PROTECTION FUND —— DIVISION OF FISH AND WILDLIFE.
   1.  There is appropriated from the state fish and game protection fund to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the division of fish and wildlife, including for administration, regulation, and programs; and for salaries, support, maintenance, equipment, and miscellaneous purposes:
.................................................. $ 38,793,154
   2.  Notwithstanding section 455A.10, the department may use the unappropriated balance remaining in the state fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace officers employed in a protection occupation who retire, pursuant to section 97B.49B.
   3.  Notwithstanding section 455A.10, the department of natural resources may use the unappropriated balance remaining in the state fish and game protection fund for the fiscal year beginning July 1, 2011, and ending June 30, 2012, as is necessary to fund salary adjustments for departmental employees which the general assembly has made an operating budget appropriation for in subsection 1.
   Sec. 89.  GROUNDWATER PROTECTION FUND —— WATER QUALITY.  There is appropriated from the groundwater protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, from those moneys which are not allocated pursuant to that section, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s protection of the state’s groundwater, including for administration, regulation, and programs, and for salaries, support, maintenance, equipment, and miscellaneous purposes:
.................................................. $  3,455,832

DESIGNATED APPROPRIATIONS —— MISCELLANEOUS
   Sec. 90.  SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM.  There is appropriated from the special snowmobile fund created under section 321G.7 to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of administering and enforcing the state snowmobile programs:
.................................................. $    100,000
   Sec. 91.  SPECIAL SNOWMOBILE FUND.  Notwithstanding section 321G.7, subsection 2, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, at least seventy-five percent of the moneys in the special snowmobile fund which are appropriated to the department of natural resources as provided in that subsection shall be made available for use by political subdivisions or incorporated private organizations, or both, for their use as provided in that subsection.
   Sec. 92.  UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE TANK SECTION EXPENSES.  There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive underground storage tank fund board to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of paying for administration expenses of the department’s underground storage tank section:
.................................................. $    200,000
   Sec. 93.  STORM WATER DISCHARGE PERMIT FEES —— SUPPORT FOR SPECIAL PURPOSES.  Notwithstanding any contrary provision of state law, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the department of natural resources may use additional moneys available to the department collected from storm water discharge permit fees as provided in sections 455B.103A and 455B.197 for the staffing of the following additional full-time equivalent positions for the purposes designated:
   1.  For purposes of reducing the department’s floodplain permit backlog:
............................................... FTEs       2.00
   2.  For purposes of implementing the federal total maximum daily load program:
............................................... FTEs       2.00

DIVISION V

AGRICULTURE AND NATURAL RESOURCES

IOWA STATE UNIVERSITY

APPROPRIATION FOR FY 2011-2012
   Sec. 94.  GENERAL FUND —— VETERINARY DIAGNOSTIC LABORATORY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the college of veterinary medicine for the operation of the veterinary diagnostic laboratory and for not more than the following full-time equivalent positions:
.................................................. $  3,237,636
............................................... FTEs      50.00
   2.
  a.  Iowa state university of science and technology shall not reduce the amount that it allocates to support the college of veterinary medicine from any other source due to the appropriation made in this section.
   b.  Paragraph “a” does not apply to a reduction made to support the college of veterinary medicine, if the same percentage of reduction imposed on the college of veterinary medicine is also imposed on all of Iowa state university’s budget units.
   3.  If by June 30, 2012, Iowa state university of science and technology fails to allocate the moneys appropriated in this section to the college of veterinary medicine in accordance with this section, the moneys appropriated in this section for that fiscal year shall revert to the general fund of the state.
   Sec. 95.  VETERINARY DIAGNOSTIC LABORATORY —— FUTURE YEAR.  This section applies if appropriations made in this Act and all other Acts enacted by the Eighty-fourth General Assembly during the 2011 regular session and all extraordinary sessions, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for purposes of supporting the operation of the veterinary diagnostic laboratory associated with the college of veterinary medicine at Iowa state university, total less than $4,000,000. It is the intent of the general assembly that the amount of any deficit will be appropriated by the general assembly during its 2012 regular session for purposes of supporting the operation of the veterinary diagnostic laboratory for the fiscal year beginning July 1, 2012, and ending June 30, 2013.

DIVISION VI

AGRICULTURE AND NATURAL RESOURCES

ENVIRONMENT FIRST FUND

GENERAL APPROPRIATIONS FOR FY 2011-2012
   Sec. 96.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.  There is appropriated from the environment first fund created in section 8.57A to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP)
   a.  For the conservation reserve enhancement program to restore and construct wetlands for the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:
.................................................. $  1,000,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Notwithstanding any other provision in law, the department may provide state resources from this appropriation, in combination with other appropriate environment first fund appropriations, for cost sharing to match United States department of agriculture, natural resources conservation service, wetlands reserve enhancement program (WREP) funding available to Iowa.
   2.  WATERSHED PROTECTION
   a.  For continuation of a program that provides multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation:
.................................................. $    900,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   3.  FARM MANAGEMENT DEMONSTRATION PROGRAM
   a.  For continuation of a statewide voluntary farm management demonstration program to demonstrate the effectiveness and adaptability of emerging practices in agronomy that protect water resources and provide other environmental benefits:
.................................................. $    725,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Of the amount appropriated in paragraph “a”, $400,000 shall be allocated to an organization representing soybean growers to provide for an agriculture and environment performance program in order to carry out the purposes of this subsection as specified in paragraph “a”.
   4.  AGRICULTURAL EDUCATION
   For purposes of allocating moneys to an Iowa association affiliated with a national organization which promotes agricultural education providing for future farmers:
.................................................. $     25,000
   5.  SOIL AND WATER CONSERVATION —— ADMINISTRATION
   For use by the department for costs of administration and implementation of soil and water conservation practices:
.................................................. $  2,375,000
   6.  CONSERVATION RESERVE PROGRAM (CRP)
   a.  To encourage and assist farmers in enrolling in and the implementation of the federal conservation reserve program and to work with them to enhance their revegetation efforts to improve water quality and habitat:
.................................................. $  1,000,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   7.  LOESS HILLS DEVELOPMENT AND CONSERVATION FUND
   a.  For deposit in the loess hills development and conservation fund created in section 161D.2:
.................................................. $    575,000
   b.
  (1)  Of the amount appropriated in paragraph “a”, $460,000 shall be allocated to the fund’s hungry canyons account.
   (2)  Not more than 10 percent of the moneys allocated to the hungry canyons account as provided in subparagraph (1) may be used for administrative costs.
   c.
  (1)  Of the amount appropriated in paragraph “a”, $115,000 shall be allocated to the fund’s loess hills alliance account.
   (2)  Not more than 10 percent of the moneys allocated to the loess hills alliance account as provided in subparagraph (1) may be used for administrative costs.
   8.  SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND
   a.  For deposit in the southern Iowa development and conservation fund created in section 161D.12:
.................................................. $    225,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for administrative costs.
   9.  SOIL AND WATER CONSERVATION
   a.  For use by the department in providing for soil and water conservation administration, the conservation of soil and water resources, or the support of soil and water conservation district commissioners:
.................................................. $  6,300,000
   b.  The department may deposit any amount of the moneys into the Mississippi river basin healthy watersheds initiative fund created in section 161G.2.
   c.  Not more than 5 percent of the moneys appropriated in paragraph “a” may be allocated for cost sharing to address complaints filed under section 161A.47.
   d.  Of the moneys appropriated in paragraph “a”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   e.  Not more than 30 percent of a soil and water conservation district’s allocation of moneys as financial incentives may be provided for the purpose of establishing management practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73.
   f.  The state soil conservation committee established by section 161A.4 may allocate moneys appropriated in paragraph “a” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   g.  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   h.  Not more than 15 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   10.  LOCAL FOOD AND FARM PROGRAM COORDINATOR
   a.  For purposes of supporting a local food and farm program coordinator as established pursuant to new Code chapter 267A as enacted in this Act, for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     75,000
   b.  The department shall enter into a cost-sharing agreement with Iowa state university to support the local food and farm program coordinator position as part of the university’s cooperative extension service in agriculture and home economics pursuant to new Code chapter 267A as enacted in this Act.
   Sec. 97.  DEPARTMENT OF NATURAL RESOURCES.  There is appropriated from the environment first fund created in section 8.57A to the department of natural resources for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  KEEPERS OF THE LAND
   For statewide coordination of volunteer efforts under the water quality and keepers of the land programs:
.................................................. $    100,000
   2.  STATE PARKS MAINTENANCE AND OPERATIONS
   For regular maintenance of state parks and staff time associated with these activities:
.................................................. $  3,110,000
   3.  GEOGRAPHIC INFORMATION SYSTEM (GIS)
   To provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work:
.................................................. $    195,000
   4.  WATER QUALITY MONITORING
   For continuing the establishment and operation of water quality monitoring stations:
.................................................. $  2,955,000
   5.  PUBLIC WATER SUPPLY SYSTEM ACCOUNT
   For deposit in the public water supply system account of the water quality protection fund created in section 455B.183A:
.................................................. $    500,000
   6.  REGULATION OF ANIMAL FEEDING OPERATIONS
   For the regulation of animal feeding operations, including as provided for in chapters 459 through 459B:
.................................................. $    420,000
   7.  AMBIENT AIR QUALITY
   For the abatement, control, and prevention of ambient air pollution in this state, including measures as necessary to assure attainment and maintenance of ambient air quality standards from particulate matter:
.................................................. $    425,000
   8.  WATER QUANTITY REGULATION
   For regulating water quantity from surface and subsurface sources by providing for the allocation and use of water resources, the protection and management of water resources, and the preclusion of conflicts among users of water resources, including as provided in chapter 455B, division III, part 4:
.................................................. $    495,000

   9.  FORESTRY MANAGEMENT
   To provide for forestry health management programs:
.................................................. $    100,000
   Sec. 98.  REVERSION.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2011, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the fiscal year beginning July 1, 2012, or until the project for which the appropriation was made is completed, whichever is earlier.

DIVISION VII

AGRICULTURE AND NATURAL RESOURCES

ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE

RESOURCES ENHANCEMENT AND PROTECTION 

(REAP) FUND FOR FY 2011-2012

GENERAL APPROPRIATIONS
   Sec. 99.  ENVIRONMENT FIRST FUND.  Notwithstanding the amount of the standing appropriation from the general fund of the state to the Iowa resources enhancement and protection fund as provided in section 455A.18, there is appropriated from the environment first fund created in section 8.57A to the Iowa resources enhancement and protection fund, in lieu of the appropriation made in section 455A.18, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, to be allocated as provided in section 455A.19:
.................................................. $ 11,500,000

DIVISION VIII

AGRICULTURE AND NATURAL RESOURCES

RELATED MISCELLANEOUS PROVISIONS FOR FY 2011-2012
   Sec. 100.  AGRICULTURAL DRAINAGE WELL CLOSURE —— REPORT.  The department of agriculture and land stewardship shall prepare a report regarding agricultural drainage wells that have not been closed as provided in chapter 460. The report shall include an inventory of agricultural drainage wells that remain unclosed, a projected timeline for closing the agricultural drainage wells, and an estimate of the costs for closing each agricultural drainage well. The department shall submit the report to the governor and fiscal services division of the legislative services agency not later than January 1, 2012.

DIVISION IX

AGRICULTURE AND NATURAL RESOURCES

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— SPECIAL FUNDS

GROUNDWATER PROTECTION FUND
   Sec. 101.  Section 455E.11, subsection 2, paragraph a, subparagraph (1), subparagraph division (a), subparagraph subdivision (ii), subparagraph part (B), Code 2011, is amended to read as follows:
   (B)  Expend not more than fifty percent of the moneys for a community partnership program designed to support community beautification projects including the deconstruction, renovation, or removal of derelict buildings. Eligible communities are limited to cities of five thousand or fewer in population. Eligible costs shall include but are not limited to asbestos abatement and removal, the recovery and processing of recyclable or reusable material from derelict buildings, and reimbursement for purchased recycled content materials used in the renovation of buildings. Special consideration may be given to communities that hire the unemployed to deconstruct structures, clean up the properties, and, if there is no immediate buyer for the properties, turn the properties into green spaces. Any business entity or individual engaged in the removal or abatement of asbestos must have obtained a valid license or permit as required in chapter 88B.
   Sec. 102.  Section 455E.11, subsection 2, paragraph a, subparagraph (1), Code 2011, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (0e)  Not more than four hundred thousand dollars to the department for purposes of providing funding assistance to eligible communities to address abandoned buildings by promoting waste abatement, diversion, selective dismantlement of building components, and recycling. Eligible communities include a city with a population of five thousand or fewer. Eligible costs for program assistance include but are not limited to asbestos and other hazardous material abatement and removal, the recovery processing of recyclable or reusable material through the selective dismantlement of abandoned buildings, and reimbursement for purchased recycled content materials used in the renovation of buildings. For projects that support community beautification, the department may elect to administer funding to eligible communities in collaboration with the organization awarded the beautification grant in accordance with subparagraph division (a), subparagraph subdivision (i).

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND
   Sec. 103.  Section 455G.3, subsections 6 and 7, Code 2011, are amended to read as follows:
   6.
  a.  For the fiscal year beginning July 1, 2010, and each fiscal year thereafter, there is appropriated from the Iowa comprehensive petroleum underground storage tank fund to the department of natural resources two hundred thousand dollars for purposes of technical review support to be conducted by nongovernmental entities for leaking underground storage tank assessments.
   b.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   7.
  a.  For the fiscal year beginning July 1, 2010, there is appropriated from the Iowa comprehensive petroleum underground storage tank fund to the department of natural resources one hundred thousand dollars for purposes of database modifications necessary to accept batched external data regarding underground storage tank inspections conducted by nongovernmental entities.
   b.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 104.  Section 455G.3, subsection 8, Code 2011, is amended by adding the following new unnumbered paragraph:
   NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 105.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION X

AGRICULTURE AND NATURAL RESOURCES

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— LOCAL FOOD AND FARM INITIATIVE
   Sec. 106.  NEW SECTION.  267A.1  Purpose and goals.
   1.  The purpose of this chapter is to empower farmers and food entrepreneurs to provide for strong local food economies that promote self-sufficiency and job growth in the agricultural sector and allied sectors of the economy. 
   2.  The goals of this chapter are to accomplish all of the following:
   a.  Promote the expansion of the production of local foods, including all of the following:
   (1)  The production of Iowa-grown food, including but not limited to livestock, eggs, milk, fruit, vegetables, grains, herbs, honey, and nuts.
   (2)  The processing of Iowa-grown agricultural products into food products, including canning, freezing, dehydrating, bottling, or otherwise packaging and preserving such products.

   (3)  The distribution and marketing of fresh and processed Iowa-grown agricultural food products to markets in this state and neighboring states.
   b.  Increase consumer and institutional spending on Iowa-produced and marketed foods.
   c.  Increase the profitability of farmers and businesses engaged in enterprises related to producing, processing, distributing, and marketing local food.
   d.  Increase the number of jobs in this state’s farm and business economies associated with producing, processing, distributing, and marketing local food.
   Sec. 107.  NEW SECTION.  267A.2  Definitions.
   As used in this section, unless the context otherwise requires:
   1.  “Coordinator” means the local food and farm program coordinator created in section 267A.4.
   2.  “Council” means the local food and farm program council established in section 267A.3.
   3.  “Department” means the department of agriculture and land stewardship.
   4.  “Fund” means the local food and farm program fund created in section 267A.5.
   5.  “State agency” means the same as defined in section 8A.101.
   Sec. 108.  NEW SECTION.  267A.3  Local food and farm program council.
   1.  A local food and farm program council is established to advise the local food and farm program coordinator carrying out the purpose and goals of this chapter as provided in section 267A.1.
   2.  The council shall be composed of members appointed as follows:
   a.  Voting members appointed at the discretion of and by the following organizations to represent the private sector:
   (1)  One person by the Iowa farm bureau federation who is engaged in local food production.
   (2)  One person by the practical farmers of Iowa who is involved in local food production.
   (3)  One person by the Iowa farmers union who is involved in local food production. 
   (4)  One person by the Iowa food policy council.
   (5)  One person by the Iowa grocery industry association who is involved in local food marketing.
   (6)  One person by the Iowa meat processors association.
   (7)  One person by the Iowa fruit and vegetable growers association.
   (8)  One person by the Iowa farmers market association.
   (9)  One person by the Iowa bankers association.
   b.  Voting members appointed by the governor to represent the private sector which include all of the following:
   (1)  One person actively engaged in the distribution of local food to processors, wholesalers, or retailers.
   (2)  Two persons from two regional food systems working groups.
   c.  Nonvoting, ex officio members appointed by the titular heads of state agencies to represent their respective state agencies or institutions as follows:
   (1)  The department of agriculture and land stewardship.
   (2)  The department of economic development.
   (3)  The department of administrative services.
   (4)  The department of human services. The appointed person shall have a special knowledge of refugee services.
   (5)  The department of inspections and appeals.
   (6)  The department of education.
   (7)  The department of public health.
   (8)  The department of workforce development.
   (9)  The department of cultural affairs.
   (10)  The Leopold center for sustainable agriculture. 
   (11)  Iowa state university extension service. 
   (12)  Iowa state university of science and technology.

   (13)  The university of Iowa.
   (14)  The university of northern Iowa.
   3.  A nonvoting, ex officio member shall attend a council meeting as necessary to provide comment or advice to the council. Nothing in this section requires a nonvoting, ex officio member to attend a council meeting if the member’s comments or advice is not needed.
   4.  A member appointed under this section to serve on the council shall serve at the pleasure of the appointing organization, official, state agency, or institution.
   5.  The council shall be part of the department. The department shall perform administrative functions necessary for the operation of the council.
   6.  The council shall elect a chairperson from among its voting members each year on a rotating basis as provided by the council. The council shall meet on a regular basis and at the call of the chairperson or upon the written request to the chairperson of a majority of the voting members.
   7.  The members of the council shall not receive compensation for their services including as provided in section 7E.6. However, the voting members may be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the council if allowed by the council. 
   8.  A majority of the voting members constitutes a quorum and the affirmative vote of a majority of the members present is necessary for any substantive action to be taken by the council. The majority shall not include any member who has a conflict of interest and a statement by a member that the member has a conflict of interest is conclusive for this purpose. A vacancy in the membership does not impair the duties of the council.
   Sec. 109.  NEW SECTION.  267A.4  Local food and farm program coordinator.
   The position of local food and farm program coordinator is created within the department. The coordinator shall be the primary state official charged with carrying out the purpose and goals of this chapter. The coordinator shall be stationed by the department at Iowa state university as part of the cooperative extension service in agriculture and home economics.
   Sec. 110.  NEW SECTION.  267A.5  Local food and farm program fund.
   A local food and farm program fund is created in the state treasury under the control of the department. The fund is separate from the general fund of the state. The fund is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the local food and farm program from the United States government or private sources for placement in the fund. Moneys in the fund shall be used to carry out the purpose and goals of this chapter as provided in section 267A.1, including but not limited to administering the local food and farm program as provided in section 267A.6. The fund shall be managed by the local food and farm program coordinator under the supervision of the local food and farm program council.
   Sec. 111.  NEW SECTION.  267A.6  Local food and farm program.
   1.  The local food and farm program coordinator, with advice from the local food and farm program council, shall develop and administer a local food and farm program necessary to carry out the purpose and goals of this chapter. 
   2.  The purpose of the program is to do any of the following:
   a.  Improve communication and cooperation between and among farmers, food entrepreneurs, and consumers.
   b.  Improve coordination between and among government agencies, public universities and community colleges, organizations, and private-sector firms working on local food and farm-related issues.
   c.  Assist in educational needs assessment and curriculum development and delivery regarding local food and farm-related services.
   Sec. 112.  NEW SECTION.  267A.7  Local food and farm program report.
   1.  The local food and farm program coordinator shall prepare an annual report dated June 30, which shall evaluate the state’s progress in accomplishing the purpose and goals of this chapter.
   2.  The report shall include a summary of all the following:
   a.  Benchmarks and goals of the program.
   b.  Actions taken by the local food and farm program council.
   c.  Activities and accomplishments of the local food and farm program coordinator.
   d.  Recommendations for proposed legislation to be considered by the general assembly and the governor.
   e.  The amount and source of moneys appropriated or credited to, or deposited into the local food and farm program fund, and the amount and purposes of expenditures from the fund.
   3.  The annual report shall be delivered to the governor and general assembly not later than October 1.
   Sec. 113.  CONSIDERATION OF IOWA LOCAL FOOD AND FARM PLAN.  In developing the local food and farm program as provided in this division of this Act, the local food and farm program coordinator shall consider the implementation of feasible recommendations contained in the Iowa local farm and food plan published by the Leopold center for sustainable agriculture in January 2011. The coordinator shall provide the plan to the division of libraries and information services of the department of education for publication as provided in section 256.53.

DIVISION XI

AGRICULTURE AND NATURAL RESOURCES

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

 GENERAL APPROPRIATIONS FOR FY 2012-2013
   Sec. 114.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
.................................................. $ 14,183,529
............................................... FTEs     368.00
   2.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated in this section to support the department’s administration, regulation, and programs.
   3.  Of the amount appropriated in this section, $202,300 is transferred to Iowa state university of science and technology, to be used for the university’s midwest grape and wine industry institute.

DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY
   Sec. 115.  UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— HORSE AND DOG RACING.  There is appropriated from the moneys available under section 99D.13 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s administration and enforcement of horse and dog racing law pursuant to section 99D.22, including for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    259,689

DESIGNATED APPROPRIATIONS —— MOTOR FUEL
   Sec. 116.  RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR FUEL INSPECTION.  There is appropriated from the renewable fuel infrastructure fund created in section 15G.205 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of the inspection of motor fuel, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    425,000
   The department shall establish and administer programs for the auditing of motor fuel including biofuel processing and production plants, for screening and testing motor fuel, including renewable fuel, and for the inspection of motor fuel sold by dealers including retail dealers who sell and dispense motor fuel from motor fuel pumps.

DIVISION XII

AGRICULTURE AND NATURAL RESOURCES

DEPARTMENT OF NATURAL RESOURCES

 GENERAL APPROPRIATIONS FOR FY 2012-2013
   Sec. 117.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
.................................................. $ 10,426,685
............................................... FTEs   1,145.95
   2.  Of the number of full-time equivalent positions authorized to the department pursuant to subsection 1, 50.00 full-time equivalent positions shall be allocated by the department for seasonal employees for purposes of providing maintenance, upkeep, and sanitary services at state parks.
   3.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated under this section to support the department’s administration, regulation, and programs.
   Sec. 118.  STATE FISH AND GAME PROTECTION FUND —— DIVISION OF FISH AND WILDLIFE.
   1.  There is appropriated from the state fish and game protection fund to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the division of fish and wildlife, including for administration, regulation, and programs; and for salaries, support, maintenance, equipment, and miscellaneous purposes:
.................................................. $ 32,974,181
   2.  Notwithstanding section 455A.10, the department may use the unappropriated balance remaining in the state fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace officers employed in a protection occupation who retire, pursuant to section 97B.49B.
   Sec. 119.  GROUNDWATER PROTECTION FUND —— WATER QUALITY.  There is appropriated from the groundwater protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, from those moneys which are not allocated pursuant to that section, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s protection of the state’s groundwater, including for administration, regulation, and programs, and for salaries, support, maintenance, equipment, and miscellaneous purposes:
.................................................. $  2,937,457

DESIGNATED APPROPRIATIONS —— MISCELLANEOUS
   Sec. 120.  SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM.  There is appropriated from the special snowmobile fund created under section 321G.7 to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of administering and enforcing the state snowmobile programs:
.................................................. $     85,000
   Sec. 121.  SPECIAL SNOWMOBILE FUND.  Notwithstanding section 321G.7, subsection 2, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, at least seventy-five percent of the moneys in the special snowmobile fund which are appropriated to the department of natural resources as provided in that subsection shall be made available for use by political subdivisions or incorporated private organizations, or both, for their use as provided in that subsection.
   Sec. 122.  UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE TANK SECTION EXPENSES.  There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive underground storage tank fund board to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of paying for administration expenses of the department’s underground storage tank section:
.................................................. $    170,000
   Sec. 123.  STORM WATER DISCHARGE PERMIT FEES —— SUPPORT FOR SPECIAL PURPOSES.  Notwithstanding any contrary provision of state law, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the department of natural resources may use additional moneys available to the department collected from storm water discharge permit fees as provided in sections 455B.103A and 455B.197 for the staffing of the following additional full-time equivalent positions for the purposes designated:
   1.  For purposes of reducing the department’s floodplain permit backlog:
............................................... FTEs       2.00
   2.  For purposes of implementing the federal total maximum daily load program:
............................................... FTEs       2.00

DIVISION XIII

AGRICULTURE AND NATURAL RESOURCES

STATE UNIVERSITIES

APPROPRIATIONS FOR FY 2012-2013
   Sec. 124.  GENERAL FUND —— IOWA STATE UNIVERSITY —— VETERINARY DIAGNOSTIC LABORATORY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the college of veterinary medicine for the operation of the veterinary diagnostic laboratory and for not more than the following full-time equivalent positions:
.................................................. $  2,751,991
............................................... FTEs      50.00
   2.
  a.  Iowa state university of science and technology shall not reduce the amount that it allocates to support the college of veterinary medicine from any other source due to the appropriation made in this section.
   b.  Paragraph “a” does not apply to a reduction made to support the college of veterinary medicine, if the same percentage of reduction imposed on the college of veterinary medicine is also imposed on all of Iowa state university’s budget units.
   3.  If by June 30, 2013, Iowa state university of science and technology fails to allocate the moneys appropriated in this section to the college of veterinary medicine in accordance with this section, the moneys appropriated in this section for that fiscal year shall revert to the general fund of the state.
   Sec. 125.  VETERINARY DIAGNOSTIC LABORATORY —— FUTURE YEAR.  This section applies if appropriations made in this Act and all other Acts enacted by the Eighty-fourth General Assembly during the 2012 regular session and all extraordinary sessions, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, for purposes of supporting the operation of the veterinary diagnostic laboratory associated with the college of veterinary medicine at Iowa state university, total less than $4,000,000. It is the intent of the general assembly that the amount of any deficit will be appropriated by the general assembly during its 2013 regular session for purposes of supporting the operation of the veterinary diagnostic laboratory for the fiscal year beginning July 1, 2013, and ending June 30, 2014.

DIVISION XIV

AGRICULTURE AND NATURAL RESOURCES

ENVIRONMENT FIRST FUND APPROPRIATION FOR FY 2012-2013

GENERAL APPROPRIATIONS
   Sec. 126.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.  There is appropriated from the environment first fund created in section 8.57A to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP)
   a.  For the conservation reserve enhancement program to restore and construct wetlands for the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:
.................................................. $    850,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Notwithstanding any other provision in law, the department may provide state resources from this appropriation, in combination with other appropriate environment first fund appropriations, for cost sharing to match United States department of agriculture, natural resources conservation service, wetlands reserve enhancement program (WREP) funding available to Iowa.
   2.  WATERSHED PROTECTION
   a.  For continuation of a program that provides multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation:
.................................................. $    765,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   3.  FARM MANAGEMENT DEMONSTRATION PROGRAM
   a.  For continuation of a statewide voluntary farm management demonstration program to demonstrate the effectiveness and adaptability of emerging practices in agronomy that protect water resources and provide other environmental benefits:
.................................................. $    616,250
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Of the amount appropriated in paragraph “a”, $400,000 shall be allocated to an organization representing soybean growers to provide for an agriculture and environment performance program in order to carry out the purposes of this subsection as specified in paragraph “a”.
   4.  AGRICULTURAL EDUCATION
   For purposes of allocating moneys to an Iowa association affiliated with a national organization which promotes agricultural education providing for future farmers:
.................................................. $     21,250
   5.  SOIL AND WATER CONSERVATION —— ADMINISTRATION
   For use by the department for costs of administration and implementation of soil and water conservation practices:
.................................................. $  2,018,750
   6.  CONSERVATION RESERVE PROGRAM (CRP)
   a.  To encourage and assist farmers in enrolling in and the implementation of the federal conservation reserve program and to work with them to enhance their revegetation efforts to improve water quality and habitat:
.................................................. $    850,000
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   7.  LOESS HILLS DEVELOPMENT AND CONSERVATION FUND
   a.  For deposit in the loess hills development and conservation fund created in section 161D.2:
.................................................. $    488,750
   b.
  (1)  Of the amount appropriated in paragraph “a”, $391,000 shall be allocated to the fund’s hungry canyons account.
   (2)  Not more than 10 percent of the moneys allocated to the hungry canyons account as provided in subparagraph (1) may be used for administrative costs.
   c.
  (1)  Of the amount appropriated in paragraph “a”, $97,750 shall be allocated to the fund’s loess hills alliance account.
   (2)  Not more than 10 percent of the moneys allocated to the loess hills alliance account as provided in subparagraph (1) may be used for administrative costs.
   8.  SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND
   a.  For deposit in the southern Iowa development and conservation fund created in section 161D.12:
.................................................. $    191,250
   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for administrative costs.
   9.  SOIL AND WATER CONSERVATION
   a.  For use by the department in providing for soil and water conservation administration, the conservation of soil and water resources, or the support of soil and water conservation district commissioners:
.................................................. $  5,355,000
   b.  The department may deposit any amount of the moneys into the Mississippi river basin healthy watersheds initiative fund created in section 161G.2.
   c.  Not more than 5 percent of the moneys appropriated in paragraph “a” may be allocated for cost sharing to address complaints filed under section 161A.47.
   d.  Of the moneys appropriated in paragraph “a”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   e.  Not more than 30 percent of a soil and water conservation district’s allocation of moneys as financial incentives may be provided for the purpose of establishing management practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73.
   f.  The state soil conservation committee established by section 161A.4 may allocate moneys appropriated in paragraph “a” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   g.  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   h.  Not more than 15 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   10.  LOCAL FOOD AND FARM PROGRAM COORDINATOR
   a.  For purposes of supporting a local food and farm program coordinator as established pursuant to new Code chapter 267A as enacted in this Act, for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     63,750
   b.  The department shall enter into a cost-sharing agreement with Iowa state university to support the local food and farm program coordinator position as part of the university’s cooperative extension service in agriculture and home economics pursuant to new Code chapter 267A as enacted in this Act.
   Sec. 127.  DEPARTMENT OF NATURAL RESOURCES.  There is appropriated from the environment first fund created in section 8.57A to the department of natural resources for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  KEEPERS OF THE LAND
   For statewide coordination of volunteer efforts under the water quality and keepers of the land programs:
.................................................. $     85,000
   2.  STATE PARKS MAINTENANCE AND OPERATIONS
   For regular maintenance of state parks and staff time associated with these activities:
.................................................. $  2,643,500

   3.  GEOGRAPHIC INFORMATION SYSTEM (GIS)
   To provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work:
.................................................. $    165,750
   4.  WATER QUALITY MONITORING
   For continuing the establishment and operation of water quality monitoring stations:
.................................................. $  2,511,750
   5.  PUBLIC WATER SUPPLY SYSTEM ACCOUNT
   For deposit in the public water supply system account of the water quality protection fund created in section 455B.183A:
.................................................. $    425,000
   6.  REGULATION OF ANIMAL FEEDING OPERATIONS
   For the regulation of animal feeding operations, including as provided for in chapters 459 through 459B:
.................................................. $    357,000
   7.  AMBIENT AIR QUALITY
   For the abatement, control, and prevention of ambient air pollution in this state, including measures as necessary to assure attainment and maintenance of ambient air quality standards from particulate matter:
.................................................. $    361,250
   8.  WATER QUANTITY REGULATION
   For regulating water quantity from surface and subsurface sources by providing for the allocation and use of water resources, the protection and management of water resources, and the preclusion of conflicts among users of water resources, including as provided in chapter 455B, division III, part 4:
.................................................. $    420,750
   9.  FORESTRY MANAGEMENT
   To provide for forestry health management programs:
.................................................. $     85,000
   Sec. 128.  REVERSION.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2012, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the fiscal year beginning July 1, 2013, or until the project for which the appropriation was made is completed, whichever is earlier.

DIVISION XV

AGRICULTURE AND NATURAL RESOURCES

ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE

RESOURCES ENHANCEMENT AND PROTECTION (REAP) 

FUND FOR FY 2012-2013

GENERAL APPROPRIATIONS
   Sec. 129.  ENVIRONMENT FIRST FUND.  Notwithstanding the amount of the standing appropriation from the general fund of the state to the Iowa resources enhancement and protection fund as provided in section 455A.18, there is appropriated from the environment first fund created in section 8.57A to the Iowa resources enhancement and protection fund, in lieu of the appropriation made in section 455A.18, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, to be allocated as provided in section 455A.19:
.................................................. $  9,775,000

DIVISION XVI

ECONOMIC DEVELOPMENT

FY 2011-2012
   Sec. 130.  DEPARTMENT OF CULTURAL AFFAIRS.  There is appropriated from the general fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  ADMINISTRATION
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions for the department:
.................................................. $    171,813
............................................... FTEs      69.87
   b.  The department of cultural affairs shall coordinate activities with the tourism office of the department of economic development to promote attendance at the state historical building and at this state’s historic sites.
   c.  Full-time equivalent positions authorized under this subsection shall be funded, in full or in part, using moneys appropriated under this subsection and subsections 2, 3, 4, 5, 6, and 8.
   2.  HISTORICAL DIVISION
   For the support of the historical division:
.................................................. $  2,767,701
   3.  HISTORIC SITES
   For the administration and support of historic sites:
.................................................. $    426,398
   4.  ARTS DIVISION
   For the support of the arts division:
.................................................. $    933,764
   5.  GREAT PLACES
   For the great places program:
.................................................. $    150,000
   6.  ARCHIVE IOWA GOVERNORS’ RECORDS
   For archiving the records of Iowa governors:
.................................................. $      5,000
   7.  RECORDS CENTER RENT
   For payment of rent for the state records center:
.................................................. $    227,243
   8.  BATTLE FLAGS
   For continuation of the project recommended by the Iowa battle flag advisory committee to stabilize the condition of the battle flag collection:
.................................................. $    100,000
   Sec. 131.  GOALS AND ACCOUNTABILITY —— ECONOMIC DEVELOPMENT.
   1.  For the fiscal year beginning July 1, 2011, the goals for the department of economic development shall be to expand and stimulate the state economy, increase the wealth of Iowans, and increase the population of the state.
   2.  To achieve the goals in subsection 1, the department of economic development shall do all of the following for the fiscal year beginning July 1, 2011:
   a.  Concentrate its efforts on programs and activities that result in commercially viable products and services.
   b.  Adopt practices and services consistent with free market, private sector philosophies.
   c.  Ensure economic growth and development throughout the state.
   d.  Work with businesses and communities to continually improve the economic development climate along with the economic well-being and quality of life for Iowans.
   e.  Coordinate with other state agencies to ensure that they are attentive to the needs of an entrepreneurial culture.
   f.  Establish a strong and aggressive marketing image to showcase Iowa’s workforce, existing industry, and potential. A priority shall be placed on recruiting new businesses, business expansion, and retaining existing Iowa businesses. Emphasis shall be placed on entrepreneurial development through helping entrepreneurs secure capital, and developing networks and a business climate conducive to entrepreneurs and small businesses.
   g.  Encourage the development of communities and quality of life to foster economic growth.
   h.  Prepare communities for future growth and development through development, expansion, and modernization of infrastructure.
   i.  Develop public-private partnerships with Iowa businesses in the tourism industry, Iowa tour groups, Iowa tourism organizations, and political subdivisions in this state to assist in the development of advertising efforts.
   j.  Develop, to the fullest extent possible, cooperative efforts for advertising with contributions from other sources.
   Sec. 132.  DEPARTMENT OF ECONOMIC DEVELOPMENT.
   1.  APPROPRIATION
   There is appropriated from the general fund of the state to the department of economic development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated in subsection 2, and for not more than the following full-time equivalent positions:
.................................................. $  9,928,058
............................................... FTEs     149.00
   2.  DESIGNATED PURPOSES
   a.  For salaries, support, miscellaneous purposes, programs, and the maintenance of an administration division, a business development division, and a community development division.
   b.  The full-time equivalent positions authorized under this section shall be funded, in whole or in part, by the moneys appropriated under subsection 1 or by other moneys received by the department, including certain federal moneys.
   c.  For transfer to the Iowa state commission grant program.
   d.  For business development operations and programs, the film office, international trade, export assistance, workforce recruitment, and the partner state program.
   e.  For transfer to the strategic investment fund.
   f.  For community economic development programs, tourism operations, community assistance, plans for Iowa green corps and summer youth programs, the mainstreet and rural mainstreet programs, the school-to-career program, the community development block grant, and housing and shelter-related programs.
   g.  For achieving the goals and accountability, fulfilling the requirements, and doing all other things required under this Act.
   3.  NONREVERSION
   Notwithstanding section 8.33, moneys appropriated in subsection 1 that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in subsection 2 until the close of the succeeding fiscal year.
   4.  FINANCIAL ASSISTANCE RESTRICTIONS
   a.  A business creating jobs with economic development assistance through moneys appropriated in this section shall be subject to contract provisions stating that new and retained jobs shall be filled by individuals who are citizens of the United States who reside within the United States or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States.
   b.  Any vendor who receives such public moneys shall adhere to such contract provisions and provide periodic assurances as the state shall require that the jobs are filled solely by citizens of the United States who reside within the United States or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States.
   c.  A business that receives financial assistance from the department from moneys appropriated in this Act shall only employ individuals legally authorized to work in this state. In addition to all other applicable penalties provided by current law, all or a portion of the assistance received by a business which is found to knowingly employ individuals not legally authorized to work in this state is subject to recapture by the department.
   5.  USES OF APPROPRIATIONS
   a.  From the moneys appropriated in this section, the department may provide financial assistance in the form of a grant to a community economic development entity for conducting a local workforce recruitment effort designed to recruit former citizens of the state and former students at colleges and universities in the state to meet the needs of local employers.
   b.  From the moneys appropriated in this section, the department may provide financial assistance to early stage industry companies being established by women entrepreneurs.
   c.  From the moneys appropriated in this section, the department may provide financial assistance in the form of grants, loans, or forgivable loans for advanced research and commercialization projects involving value-added agriculture, advanced technology, or biotechnology.
   d.  The department shall not use any moneys appropriated in this section for purposes of providing financial assistance for the Iowa green streets pilot project or for any other program or project that involves the installation of geothermal systems for melting snow and ice from streets or sidewalks.
   6.  WORLD FOOD PRIZE AWARD
   For allocating moneys for the world food prize and notwithstanding the standing appropriation in section 15.368, subsection 1:
.................................................. $    500,000
   Sec. 133.  VISION IOWA PROGRAM —— FTE AUTHORIZATION.  For purposes of administrative duties associated with the vision Iowa program, the department of economic development is authorized an additional 2.25 FTEs above those otherwise authorized in this Act.
   Sec. 134.  INSURANCE ECONOMIC DEVELOPMENT.  From the moneys collected by the division of insurance in excess of the anticipated gross revenues under section 505.7, subsection 3, during the fiscal year beginning July 1, 2011, $100,000 shall be transferred to the department of economic development for insurance economic development and international insurance economic development.
   Sec. 135.  COMMUNITY DEVELOPMENT LOAN FUND.  Notwithstanding section 15E.120, subsection 5, there is appropriated from the Iowa community development loan fund all moneys available during the fiscal year beginning July 1, 2011, and ending June 30, 2012, to the department of economic development for purposes of the community development program.
   Sec. 136.  WORKFORCE DEVELOPMENT FUND.  There is appropriated from the workforce development fund account created in section 15.342A to the workforce development fund created in section 15.343 for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, for purposes of the workforce development fund, and for not more than the following full-time equivalent positions:
.................................................. $  4,000,000
............................................... FTEs       4.00
   Sec. 137.  WORKFORCE DEVELOPMENT ADMINISTRATION.  From moneys appropriated or transferred to or receipts credited to the workforce development fund created in section 15.343, up to $400,000 for the fiscal year beginning July 1, 2011, and ending June 30, 2012, are appropriated to the department of economic development for the administration of workforce development activities including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
............................................... FTEs       4.00
   Sec. 138.  JOB TRAINING FUND.  Notwithstanding section 15.251, all moneys in the job training fund on July 1, 2011, and any moneys appropriated or credited to the fund during the fiscal year beginning July 1, 2011, shall be transferred to the workforce development fund established pursuant to section 15.343.
   Sec. 139.  GREEN INITIATIVES EXPENDITURE REPORT.  By January 1, 2012, the department of economic development shall compile a report on all expenditures made during the previous fiscal year for purposes of green initiatives, sustainability programs, and all such similar efforts. The report shall identify such expenditures with a level of specificity sufficient to allow the general assembly to evaluate and assess the propriety of such expenditures under the spending authority given to the department for such purposes.
   Sec. 140.  IOWA STATE UNIVERSITY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for small business development centers, the science and technology research park, and the institute for physical research and technology, and for not more than the following full-time equivalent positions:
.................................................. $  2,424,302
............................................... FTEs      56.63
   2.  Of the moneys appropriated in subsection 1, Iowa state university of science and technology shall allocate at least $936,345 for purposes of funding small business development centers.
   3.  Iowa state university of science and technology shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   4.
  a.  It is the intent of the general assembly that the industrial incentive program focus on Iowa industrial sectors and seek contributions and in-kind donations from businesses, industrial foundations, and trade associations, and that moneys for the institute for physical research and technology industrial incentive program shall be allocated only for projects which are matched by private sector moneys for directed contract research or for nondirected research. The match required of small businesses as defined in section 15.102, subsection 6, for directed contract research or for nondirected research shall be $1 for each $3 of state funds. The match required for other businesses for directed contract research or for nondirected research shall be $1 for each $1 of state funds. The match required of industrial foundations or trade associations shall be $1 for each $1 of state funds.
   b.  Iowa state university of science and technology shall report annually to the joint appropriations subcommittee on economic development and the legislative services agency the total amount of private contributions, the proportion of contributions from small businesses and other businesses, and the proportion for directed contract research and nondirected research of benefit to Iowa businesses and industrial sectors.
   5.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 141.  UNIVERSITY OF IOWA.
   1.  There is appropriated from the general fund of the state to the state university of Iowa for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the state university of Iowa research park and for the advanced drug development program at the Oakdale research park, including salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    209,279
............................................... FTEs       6.00
   2.  The state university of Iowa shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 142.  UNIVERSITY OF NORTHERN IOWA.
   1.  There is appropriated from the general fund of the state to the university of northern Iowa for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the metal casting institute, the MyEntreNet internet application, and the institute for decision making, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    574,716
............................................... FTEs       6.75
   Of the moneys appropriated in this subsection, the university of northern Iowa shall allocate not more than $117,639 for purposes of expanded support for entrepreneurs through the university’s regional business center.
   2.  The university of northern Iowa shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 143.  BOARD OF REGENTS REPORT.  By January 15, 2012, the state board of regents shall submit a report on the progress of regents institutions in meeting the strategic plan for technology transfer and economic development to the secretary of the senate, the chief clerk of the house of representatives, and the legislative services agency.
   Sec. 144.  DEPARTMENT OF WORKFORCE DEVELOPMENT.  There is appropriated from the general fund of the state to the department of workforce development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  DIVISION OF LABOR SERVICES
   a.  For the division of labor services, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,495,440
............................................... FTEs      62.75
   b.  From the contractor registration fees, the division of labor services shall reimburse the department of inspections and appeals for all costs associated with hearings under chapter 91C, relating to contractor registration.
   2.  DIVISION OF WORKERS’ COMPENSATION
   a.  For the division of workers’ compensation, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,267,788
............................................... FTEs      29.00
   b.  The division of workers’ compensation shall charge a $100 filing fee for workers’ compensation cases. The filing fee shall be paid by the petitioner of a claim. However, the fee can be taxed as a cost and paid by the losing party, except in cases where it would impose an undue hardship or be unjust under the circumstances. The moneys generated by the filing fee allowed under this subsection are appropriated to the department of workforce development to be used for purposes of administering the division of workers’ compensation.
   3.  WORKFORCE DEVELOPMENT OPERATIONS
   a.  For the operation of field offices, the workforce development board, and for not more than the following full-time equivalent positions:
.................................................. $  9,707,042
............................................... FTEs     130.00
   b.  The department shall not reduce the number of field offices being operated as of January 1, 2009.
   4.  OFFENDER REENTRY PROGRAM
   a.  For the development and administration of an offender reentry program to provide offenders with employment skills, and for not more than the following full-time equivalent positions:
.................................................. $    284,464
............................................... FTEs       3.00
   b.  The department shall partner with the department of corrections to provide staff within the correctional facilities to improve offenders’ abilities to find and retain productive employment.
   5.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 145.  ACCOUNTABILITY —— AUDIT.  The auditor of state shall annually conduct an audit of the department of workforce development and shall report the findings of such annual audit, including the accountability of programs of the department, to the chairpersons and ranking members of the joint appropriations subcommittee on economic development. The department shall pay for the costs associated with the audit.
   Sec. 146.  EMPLOYMENT SECURITY CONTINGENCY FUND —— DIVISION OF WORKERS’ COMPENSATION.
   1.  There is appropriated from the special employment security contingency fund to the department of workforce development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for the division of workers’ compensation, salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    471,000
   2.  Any remaining additional penalty and interest revenue is appropriated to the department of workforce development to accomplish the mission of the department.
   Sec. 147.  SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND —— FIELD OFFICES.  There is appropriated from the special employment security contingency fund to the department of workforce development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for field offices:
.................................................. $    662,427
   Sec. 148.  UNEMPLOYMENT COMPENSATION RESERVE FUND —— FIELD OFFICES.  Notwithstanding section 96.9, subsection 8, paragraph “e”, there is appropriated from interest earned on the unemployment compensation reserve fund to the department of workforce development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount or so much thereof as is necessary, for the operation of field offices:
.................................................. $  4,238,260
   Sec. 149.  GENERAL FUND —— EMPLOYEE MISCLASSIFICATION PROGRAM.  There is appropriated from the general fund of the state to the department of workforce development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for enhancing efforts to investigate employers that misclassify workers and for not more than the following full-time equivalent positions:
.................................................. $    451,458
............................................... FTEs       8.10
   Sec. 150.  APPROPRIATIONS RESTRICTED.  The department of workforce development shall not use any of the moneys appropriated pursuant to this Act for purposes of the national career readiness certificate program.
   Sec. 151.  IOWA FINANCE AUTHORITY.
   1.  There is appropriated from the general fund of the state to the Iowa finance authority for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used to provide reimbursement for rent expenses to eligible persons under the rent subsidy program:
.................................................. $    658,000
   2.  Participation in the rent subsidy program shall be limited to only those persons who meet the requirements for the nursing facility level of care for home and community-based services waiver services as in effect on July 1, 2011, and to those individuals who are eligible for the federal money follows the person grant program under the medical assistance program. Of the moneys appropriated in this section, not more than $35,000 may be used for administrative costs.
   Sec. 152.  PUBLIC EMPLOYMENT RELATIONS BOARD.
   1.  There is appropriated from the general fund of the state to the public employment relations board for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,057,871
............................................... FTEs       9.00
   2.  Of the moneys appropriated in this section, the board shall allocate $15,000 for maintaining a website that allows searchable access to a database of collective bargaining information.
   Sec. 153.  UNEMPLOYMENT COMPENSATION PROGRAM.  Notwithstanding section 96.9, subsection 4, paragraph “a”, moneys credited to the state by the secretary of the treasury of the United States pursuant tosection 903 of the Social Security Act are appropriated to the department of workforce development and shall be used by the department for the administration of the unemployment compensation program only. This appropriation shall not apply to any fiscal year beginning after December 31, 2011.

DIVISION XVII

ECONOMIC DEVELOPMENT

FY 2012-2013
   Sec. 154.  DEPARTMENT OF CULTURAL AFFAIRS.  There is appropriated from the general fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  ADMINISTRATION
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions for the department:
.................................................. $    146,041
............................................... FTEs      69.87
   b.  The department of cultural affairs shall coordinate activities with the tourism office of the department of economic development to promote attendance at the state historical building and at this state’s historic sites.
   c.  Full-time equivalent positions authorized under this subsection shall be funded, in full or in part, using moneys appropriated under this subsection and subsections 2, 3, 4, 5, 6, and 8.
   2.  HISTORICAL DIVISION
   For the support of the historical division:
.................................................. $  2,352,546
   3.  HISTORIC SITES
   For the administration and support of historic sites:
.................................................. $    362,438
   4.  ARTS DIVISION
   For the support of the arts division:
.................................................. $    793,699
   5.  GREAT PLACES
   For the great places program:
.................................................. $    127,500
   6.  ARCHIVE IOWA GOVERNORS’ RECORDS
   For archiving the records of Iowa governors:
.................................................. $      4,250
   7.  RECORDS CENTER RENT
   For payment of rent for the state records center:
.................................................. $    193,157
   8.  BATTLE FLAGS
   For continuation of the project recommended by the Iowa battle flag advisory committee to stabilize the condition of the battle flag collection:
.................................................. $    100,000
   Sec. 155.  GOALS AND ACCOUNTABILITY —— ECONOMIC DEVELOPMENT.
   1.  For the fiscal year beginning July 1, 2012, the goals for the department of economic development shall be to expand and stimulate the state economy, increase the wealth of Iowans, and increase the population of the state.
   2.  To achieve the goals in subsection 1, the department of economic development shall do all of the following for the fiscal year beginning July 1, 2012:
   a.  Concentrate its efforts on programs and activities that result in commercially viable products and services.
   b.  Adopt practices and services consistent with free market, private sector philosophies.
   c.  Ensure economic growth and development throughout the state.
   d.  Work with businesses and communities to continually improve the economic development climate along with the economic well-being and quality of life for Iowans.
   e.  Coordinate with other state agencies to ensure that they are attentive to the needs of an entrepreneurial culture.
   f.  Establish a strong and aggressive marketing image to showcase Iowa’s workforce, existing industry, and potential. A priority shall be placed on recruiting new businesses, business expansion, and retaining existing Iowa businesses. Emphasis shall be placed on entrepreneurial development through helping entrepreneurs secure capital, and developing networks and a business climate conducive to entrepreneurs and small businesses.
   g.  Encourage the development of communities and quality of life to foster economic growth.
   h.  Prepare communities for future growth and development through development, expansion, and modernization of infrastructure.
   i.  Develop public-private partnerships with Iowa businesses in the tourism industry, Iowa tour groups, Iowa tourism organizations, and political subdivisions in this state to assist in the development of advertising efforts.
   j.  Develop, to the fullest extent possible, cooperative efforts for advertising with contributions from other sources.
   Sec. 156.  DEPARTMENT OF ECONOMIC DEVELOPMENT.
   1.  APPROPRIATION
   There is appropriated from the general fund of the state to the department of economic development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated in subsection 2, and for not more than the following full-time equivalent positions:
.................................................. $  8,438,849
............................................... FTEs     149.00
   2.  DESIGNATED PURPOSES
   a.  For salaries, support, miscellaneous purposes, programs, and the maintenance of an administration division, a business development division, and a community development division.
   b.  The full-time equivalent positions authorized under this section shall be funded, in whole or in part, by the moneys appropriated under subsection 1 or by other moneys received by the department, including certain federal moneys.
   c.  For transfer to the Iowa state commission grant program.
   d.  For business development operations and programs, the film office, international trade, export assistance, workforce recruitment, and the partner state program.
   e.  For transfer to the strategic investment fund.

   f.  For community economic development programs, tourism operations, community assistance, plans for Iowa green corps and summer youth programs, the mainstreet and rural mainstreet programs, the school-to-career program, the community development block grant, and housing and shelter-related programs.
   g.  For achieving the goals and accountability, fulfilling the requirements, and doing all other things required under this Act.
   3.  NONREVERSION
   Notwithstanding section 8.33, moneys appropriated in subsection 1 that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in subsection 2 until the close of the succeeding fiscal year.
   4.  FINANCIAL ASSISTANCE RESTRICTIONS
   a.  A business creating jobs with economic development assistance through moneys appropriated in this section shall be subject to contract provisions stating that new and retained jobs shall be filled by individuals who are citizens of the United States who reside within the United States or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States.
   b.  Any vendor who receives such public moneys shall adhere to such contract provisions and provide periodic assurances as the state shall require that the jobs are filled solely by citizens of the United States who reside within the United States or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States.
   c.  A business that receives financial assistance from the department from moneys appropriated in this Act shall only employ individuals legally authorized to work in this state. In addition to all other applicable penalties provided by current law, all or a portion of the assistance received by a business which is found to knowingly employ individuals not legally authorized to work in this state is subject to recapture by the department.
   5.  USES OF APPROPRIATIONS
   a.  From the moneys appropriated in this section, the department may provide financial assistance in the form of a grant to a community economic development entity for conducting a local workforce recruitment effort designed to recruit former citizens of the state and former students at colleges and universities in the state to meet the needs of local employers.
   b.  From the moneys appropriated in this section, the department may provide financial assistance to early stage industry companies being established by women entrepreneurs.
   c.  From the moneys appropriated in this section, the department may provide financial assistance in the form of grants, loans, or forgivable loans for advanced research and commercialization projects involving value-added agriculture, advanced technology, or biotechnology.
   d.  The department shall not use any moneys appropriated in this section for purposes of providing financial assistance for the Iowa green streets pilot project or for any other program or project that involves the installation of geothermal systems for melting snow and ice from streets or sidewalks.
   6.  WORLD FOOD PRIZE
   For allocating moneys for the world food prize and notwithstanding the standing appropriation in section 15.368, subsection 1:
.................................................. $    425,000
   Sec. 157.  VISION IOWA PROGRAM —— FTE AUTHORIZATION.  For purposes of administrative duties associated with the vision Iowa program, the department of economic development is authorized an additional 2.25 FTEs above those otherwise authorized in this Act.
   Sec. 158.  INSURANCE ECONOMIC DEVELOPMENT.  From the moneys collected by the division of insurance in excess of the anticipated gross revenues under section 505.7, subsection 3, during the fiscal year beginning July 1, 2012, $100,000 shall be transferred to the department of economic development for insurance economic development and international insurance economic development.
   Sec. 159.  COMMUNITY DEVELOPMENT LOAN FUND.  Notwithstanding section 15E.120, subsection 5, there is appropriated from the Iowa community development loan fund all moneys available during the fiscal year beginning July 1, 2012, and ending June 30, 2013, to the department of economic development for purposes of the community development program.
   Sec. 160.  WORKFORCE DEVELOPMENT FUND.  There is appropriated from the workforce development fund account created in section 15.342A to the workforce development fund created in section 15.343 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, for purposes of the workforce development fund, and for not more than the following full-time equivalent positions:
.................................................. $  3,400,000
............................................... FTEs       4.00
   Sec. 161.  WORKFORCE DEVELOPMENT ADMINISTRATION.  From moneys appropriated or transferred to or receipts credited to the workforce development fund created in section 15.343, up to $400,000 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, are appropriated to the department of economic development for the administration of workforce development activities including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
............................................... FTEs       4.00
   Sec. 162.  JOB TRAINING FUND.  Notwithstanding section 15.251, all moneys in the job training fund on July 1, 2012, and any moneys appropriated or credited to the fund during the fiscal year beginning July 1, 2012, shall be transferred to the workforce development fund established pursuant to section 15.343.
   Sec. 163.  IOWA STATE UNIVERSITY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for small business development centers, the science and technology research park, and the institute for physical research and technology, and for not more than the following full-time equivalent positions:
.................................................. $  2,060,657
............................................... FTEs      56.63
   2.  Of the moneys appropriated in subsection 1, Iowa state university of science and technology shall allocate at least $795,893 for purposes of funding small business development centers.
   3.  Iowa state university of science and technology shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   4.
  a.  It is the intent of the general assembly that the industrial incentive program focus on Iowa industrial sectors and seek contributions and in-kind donations from businesses, industrial foundations, and trade associations, and that moneys for the institute for physical research and technology industrial incentive program shall be allocated only for projects which are matched by private sector moneys for directed contract research or for nondirected research. The match required of small businesses as defined in section 15.102, subsection 6, for directed contract research or for nondirected research shall be $1 for each $3 of state funds. The match required for other businesses for directed contract research or for nondirected research shall be $1 for each $1 of state funds. The match required of industrial foundations or trade associations shall be $1 for each $1 of state funds.
   b.  Iowa state university of science and technology shall report annually to the joint appropriations subcommittee on economic development and the legislative services agency the total amount of private contributions, the proportion of contributions from small businesses and other businesses, and the proportion for directed contract research and nondirected research of benefit to Iowa businesses and industrial sectors.
   5.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 164.  UNIVERSITY OF IOWA.
   1.  There is appropriated from the general fund of the state to the state university of Iowa for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the state university of Iowa research park and for the advanced drug development program at the Oakdale research park, including salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    177,887
............................................... FTEs       6.00
   2.  The state university of Iowa shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 165.  UNIVERSITY OF NORTHERN IOWA.
   1.  There is appropriated from the general fund of the state to the university of northern Iowa for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the metal casting institute, the MyEntreNet internet application, and the institute for decision making, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    488,509
............................................... FTEs       6.75
   Of the moneys appropriated in this subsection, the university of northern Iowa shall allocate not more than $99,993 for purposes of expanded support for entrepreneurs through the university’s regional business center.
   2.  The university of northern Iowa shall do all of the following:
   a.  Direct expenditures for research toward projects that will provide economic stimulus for Iowa.
   b.  Provide emphasis to providing services to Iowa-based companies.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 166.  BOARD OF REGENTS REPORT.  By January 15, 2013, the state board of regents shall submit a report on the progress of regents institutions in meeting the strategic plan for technology transfer and economic development to the secretary of the senate, the chief clerk of the house of representatives, and the legislative services agency.
   Sec. 167.  DEPARTMENT OF WORKFORCE DEVELOPMENT.  There is appropriated from the general fund of the state to the department of workforce development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  DIVISION OF LABOR SERVICES
   a.  For the division of labor services, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,971,124
............................................... FTEs      62.75
   b.  From the contractor registration fees, the division of labor services shall reimburse the department of inspections and appeals for all costs associated with hearings under chapter 91C, relating to contractor registration.
   2.  DIVISION OF WORKERS’ COMPENSATION
   a.  For the division of workers’ compensation, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,927,620
............................................... FTEs      29.00
   b.  The division of workers’ compensation shall charge a $100 filing fee for workers’ compensation cases. The filing fee shall be paid by the petitioner of a claim. However, the fee can be taxed as a cost and paid by the losing party, except in cases where it would impose an undue hardship or be unjust under the circumstances. The moneys generated by the filing fee allowed under this subsection are appropriated to the department of workforce development to be used for purposes of administering the division of workers’ compensation.
   3.  WORKFORCE DEVELOPMENT OPERATIONS
   a.  For the operation of field offices, the workforce development board, and for not more than the following full-time equivalent positions:
.................................................. $  8,250,986
............................................... FTEs     130.00
   b.  The department shall not reduce the number of field offices being operated as of January 1, 2009.
   4.  OFFENDER REENTRY PROGRAM
   a.  For the development and administration of an offender reentry program to provide offenders with employment skills, and for not more than the following full-time equivalent positions:
.................................................. $    241,794
............................................... FTEs       3.00
   b.  The department shall partner with the department of corrections to provide staff within the correctional facilities to improve offenders’ abilities to find and retain productive employment.
   5.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 168.  ACCOUNTABILITY —— AUDIT.  The auditor of state shall annually conduct an audit of the department of workforce development and shall report the findings of such annual audit, including the accountability of programs of the department, to the chairpersons and ranking members of the joint appropriations subcommittee on economic development. The department shall pay for the costs associated with the audit.
   Sec. 169.  EMPLOYMENT SECURITY CONTINGENCY FUND —— DIVISION OF WORKERS’ COMPENSATION.
   1.  There is appropriated from the special employment security contingency fund to the department of workforce development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, for the division of workers’ compensation, salaries, support, maintenance, and miscellaneous purposes:
.................................................. $    400,350

   2.  Any remaining additional penalty and interest revenue is appropriated to the department of workforce development to accomplish the mission of the department.
   Sec. 170.  SPECIAL EMPLOYMENT SECURITY CONTINGENCY FUND —— FIELD OFFICES.  There is appropriated from the special employment security contingency fund to the department of workforce development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for field offices:
.................................................. $    563,063
   Sec. 171.  UNEMPLOYMENT COMPENSATION RESERVE FUND —— FIELD OFFICES.  Notwithstanding section 96.9, subsection 8, paragraph “e”, there is appropriated from interest earned on the unemployment compensation reserve fund to the department of workforce development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount or so much thereof as is necessary, for the operation of field offices:
.................................................. $  1,020,000
   Sec. 172.  GENERAL FUND —— EMPLOYEE MISCLASSIFICATION PROGRAM.  There is appropriated from the general fund of the state to the department of workforce development for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for enhancing efforts to investigate employers that misclassify workers and for not more than the following full-time equivalent positions:
.................................................. $    383,739
............................................... FTEs       8.10
   Sec. 173.  APPROPRIATIONS RESTRICTED.  The department of workforce development shall not use any of the moneys appropriated pursuant to this Act for purposes of the national career readiness certificate program.
   Sec. 174.  IOWA FINANCE AUTHORITY.
   1.  There is appropriated from the general fund of the state to the Iowa finance authority for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used to provide reimbursement for rent expenses to eligible persons under the rent subsidy program:
.................................................. $    559,300
   2.  Participation in the rent subsidy program shall be limited to only those persons who meet the requirements for the nursing facility level of care for home and community-based services waiver services as in effect on July 1, 2012, and to those individuals who are eligible for the federal money follows the person grant program under the medical assistance program. Of the moneys appropriated in this section, not more than $35,000 may be used for administrative costs.
   Sec. 175.  PUBLIC EMPLOYMENT RELATIONS BOARD.
   1.  There is appropriated from the general fund of the state to the public employment relations board for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    899,190
............................................... FTEs       9.00
   2.  Of the moneys appropriated in this section, the board shall allocate $15,000 for maintaining a website that allows searchable access to a database of collective bargaining information.
   Sec. 176.  UNEMPLOYMENT COMPENSATION PROGRAM.  Notwithstanding section 96.9, subsection 4, paragraph “a”, moneys credited to the state by the secretary of the treasury of the United States pursuant tosection 903 of the Social Security Act are appropriated to the department of workforce development and shall be used by the department for the administration of the unemployment compensation program only. This appropriation shall not apply to any fiscal year beginning after December 31, 2012.

DIVISION XVIII

ECONOMIC DEVELOPMENT

AGENCY APPEARANCES BEFORE APPROPRIATIONS SUBCOMMITTEE
   Sec. 177.  AGENCY APPEARANCES BEFORE APPROPRIATIONS SUBCOMMITTEE.  The directors, or the directors’ designees, of the Iowa finance authority and the department of economic development, and any successor entities, shall annually appear before the members of the joint subcommittee on economic development appropriations and present a proposed budget. The proposed budget shall include a detailed accounting of all moneys received, from any source, and all moneys expended, for any purpose, during the current fiscal year and the prior fiscal year. The proposed budget shall also include a detailed expenditure plan for such moneys during the next fiscal year.

DIVISION XIX

EDUCATION

FY 2011-2012

DEPARTMENT FOR THE BLIND
   Sec. 178.  ADMINISTRATION.  There is appropriated from the general fund of the state to the department for the blind for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,706,053
............................................... FTEs      88.00

COLLEGE STUDENT AID COMMISSION
   Sec. 179.  There is appropriated from the general fund of the state to the college student aid commission for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  GENERAL ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    234,903
............................................... FTEs       3.95
   2.  STUDENT AID PROGRAMS
   For payments to students for the Iowa grant program established in section 261.93:
.................................................. $    848,761
   3.  DES MOINES UNIVERSITY —— HEALTH CARE PROFESSIONAL RECRUITMENT PROGRAM
   For forgivable loans to Iowa students attending Des Moines university —— osteopathic medical center under the forgivable loan program pursuant to section 261.19:
.................................................. $    349,699
   4.  NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM
   For purposes of providing national guard educational assistance under the program established in section 261.86:
.................................................. $  4,186,233
   5.  TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM
   For the teacher shortage loan forgiveness program established in section 261.112:
.................................................. $    250,000
   6.  ALL IOWA OPPORTUNITY FOSTER CARE GRANT PROGRAM
   For purposes of the all Iowa opportunity foster care grant program established pursuant to section 261.6:
.................................................. $    594,383
   7.  ALL IOWA OPPORTUNITY SCHOLARSHIP PROGRAM
   a.  For purposes of the all Iowa opportunity scholarship program established pursuant to section 261.87:
.................................................. $  2,403,949
   b.  If the moneys appropriated by the general assembly to the college student aid commission for fiscal year 2011-2012 for purposes of the all Iowa opportunity scholarship program exceed $500,000, “eligible institution” as defined in section 261.87, shall, during fiscal year 2011-2012, include accredited private institutions as defined in section 261.9, subsection 1.
   8.  REGISTERED NURSE AND NURSE EDUCATOR LOAN FORGIVENESS PROGRAM
   a.  For purposes of the registered nurse and nurse educator loan forgiveness program established pursuant to section 261.23:
.................................................. $     86,736
   b.  It is the intent of the general assembly that the commission continue to consider moneys allocated pursuant to this subsection as moneys that meet the state matching funds requirements of the federal leveraging educational assistance program and the federal supplemental leveraging educational assistance program established under the Higher Education Act of 1965, as amended.
   9.  BARBER AND COSMETOLOGY ARTS AND SCIENCES TUITION GRANT PROGRAM
   For purposes of the barber and cosmetology arts and sciences tuition grant program established pursuant to section 261.18:
.................................................. $     39,626
   Sec. 180.  CHIROPRACTIC LOAN FUNDS.  Notwithstanding section 261.72, the moneys deposited in the chiropractic loan revolving fund created pursuant to section 261.72 may be used for purposes of the chiropractic loan forgiveness program established in section 261.73.
   Sec. 181.  WORK-STUDY APPROPRIATION FOR FY 2011-2012.  

Notwithstanding section 261.85, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the amount appropriated from the general fund of the state to the college student aid commission for the work-study program under section 261.85 shall be zero.

DEPARTMENT OF EDUCATION
   Sec. 182.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  GENERAL ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,019,042
............................................... FTEs      81.67
   2.  VOCATIONAL EDUCATION ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    422,319
............................................... FTEs      11.50
   3.  VOCATIONAL REHABILITATION SERVICES DIVISION
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  4,477,378
............................................... FTEs     255.00
   b.  For matching funds for programs to enable persons with severe physical or mental disabilities to function more independently, including salaries and support, and for not more than the following full-time equivalent position:
.................................................. $     39,457
............................................... FTEs       1.00
   c.  For the entrepreneurs with disabilities program established pursuant to section 259.4, subsection 9:
.................................................. $    146,760
   d.  For costs associated with centers for independent living:
.................................................. $     40,633
   4.  STATE LIBRARY
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,219,799
............................................... FTEs      17.00
   b.  For the enrich Iowa program established under section 256.57:
.................................................. $  1,688,316
   5.  LIBRARY SERVICE AREA SYSTEM
   For state aid:
.................................................. $    934,917
   6.  PUBLIC BROADCASTING DIVISION
   For salaries, support, maintenance, capital expenditures, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  7,710,017
............................................... FTEs      82.00
   7.  REGIONAL TELECOMMUNICATIONS COUNCILS
   For state aid:
.................................................. $  1,001,269
   The regional telecommunications councils established in section 8D.5 shall use the moneys appropriated in this subsection to provide technical assistance for network classrooms, planning and troubleshooting for local area networks, scheduling of video sites, and other related support activities.
   8.  VOCATIONAL EDUCATION TO SECONDARY SCHOOLS
   For reimbursement for vocational education expenditures made by secondary schools:
.................................................. $  2,435,234
   Moneys appropriated in this subsection shall be used to reimburse school districts for vocational education expenditures made by secondary schools to meet the standards set in sections 256.11, 258.4, and 260C.14.
   9.  SCHOOL FOOD SERVICE
   For use as state matching funds for federal programs that shall be disbursed according to federal regulations, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,993,795
............................................... FTEs      20.58
   10.  EARLY CHILDHOOD IOWA FUND —— GENERAL AID
   For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $  5,386,113
   a.  From the moneys deposited in the school ready children grants account for the fiscal year beginning July 1, 2011, and ending June 30, 2012, not more than $265,950 is allocated for the early childhood Iowa office and other technical assistance activities. The early childhood Iowa state board shall direct staff to work with the early childhood stakeholders alliance created in section 256I.12 to inventory technical assistance needs. Moneys allocated under this lettered paragraph may be used by the early childhood Iowa state board for the purpose of skills development and support for ongoing training of staff. However, except as otherwise provided in this subsection, moneys shall not be used for additional staff or for the reimbursement of staff.
   b.  As a condition of receiving moneys appropriated in this subsection, each early childhood Iowa area board shall report to the early childhood Iowa state board progress on each of the local indicators approved by the area board. Each early childhood Iowa area board must also submit an annual budget for the area’s comprehensive school ready children grant developed for providing services for children from birth through five years of age, and provide other information specified by the early childhood Iowa state board, including budget amendments as needed. The early childhood Iowa state board shall establish a submission deadline for the annual budget and any budget amendments that allow a reasonable period of time for preparation by the early childhood Iowa area boards and for review and approval or request for modification of the materials by the early childhood Iowa state board. In addition, each early childhood Iowa area board must continue to comply with reporting provisions and other requirements adopted by the early childhood Iowa state board in implementing section 256I.9.
   c.  Of the amount appropriated in this subsection for deposit in the school ready children grants account of the early childhood Iowa fund, $2,318,018 shall be used for efforts to improve the quality of early care, health, and education programs. Moneys allocated pursuant to this paragraph may be used for additional staff and for the reimbursement of staff. The early childhood Iowa state board may reserve a portion of the allocation, not to exceed $88,650, for the technical assistance expenses of the early childhood Iowa state office, including the reimbursement of staff, and shall distribute the remainder to early childhood Iowa areas for local quality improvement efforts through a methodology identified by the early childhood Iowa state board to make the most productive use of the funding, which may include use of the distribution formula, grants, or other means.
   d.  Of the amount appropriated in this subsection for deposit in the school ready children grants account of the early childhood Iowa fund, $825,030 shall be used for support of professional development and training activities for persons working in early care, health, and education by the early childhood Iowa state board in collaboration with the professional development component group of the early childhood Iowa stakeholders alliance maintained pursuant to section 256I.12, subsection 7, paragraph “b”, and the early childhood Iowa area boards. Expenditures shall be limited to professional development and training activities agreed upon by the parties participating in the collaboration.
   11.  EARLY CHILDHOOD IOWA FUND —— PRESCHOOL TUITION ASSISTANCE
   a.  For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $  3,128,877
   b.  The amount appropriated in this subsection shall be used for early care, health, and education programs to assist low-income parents with tuition for preschool and other supportive services for children ages three, four, and five who are not attending kindergarten in order to increase the basic family income eligibility requirement to not more than 200 percent of the federal poverty level. In addition, if sufficient funding is available after addressing the needs of those who meet the basic income eligibility requirement, an early childhood Iowa area board may provide for eligibility for those with a family income in excess of the basic income eligibility requirement through use of a sliding scale or other copayment provisions.
   12.  EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT EDUCATION
   a.  For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $ 12,364,434
   b.  The amount appropriated in this subsection shall be used for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five and shall be distributed using the distribution formula approved by the early childhood Iowa state board and shall be used by an early childhood Iowa area board only for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five.
   13.  BIRTH TO AGE THREE SERVICES
   For expansion of the federal Individuals with Disabilities Education Improvement Act of 2004, Pub. L. No. 108-446, as amended to January 1, 2011, birth through age three services due to increased numbers of children qualifying for those services:
.................................................. $  1,618,116
   From the moneys appropriated in this subsection, $383,769 shall be allocated to the child health specialty clinic at the state university of Iowa to provide additional support for infants and toddlers who are born prematurely, drug-exposed, or medically fragile.
   14.  TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS
   To provide moneys for costs of providing textbooks to each resident pupil who attends a nonpublic school as authorized by section 301.1:
.................................................. $    600,987
   Funding under this subsection is limited to $20 per pupil and shall not exceed the comparable services offered to resident public school pupils.
   15.  BEGINNING ADMINISTRATOR MENTORING AND INDUCTION PROGRAM
   For purposes of administering the beginning administrator mentoring and induction program established pursuant to chapter 284A:
.................................................. $    183,448
   16.  STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM
   For purposes of the student achievement and teacher quality program established pursuant to chapter 284, and for not more than the following full-time equivalent positions:
.................................................. $  4,498,878
............................................... FTEs       2.00
   17.  JOBS FOR AMERICA’S GRADUATES
   For school districts to provide direct services to the most at-risk senior high school students enrolled in school districts through direct intervention by a jobs for America’s graduates specialist:
.................................................. $    540,000
   18.  COMMUNITY COLLEGES
   For general state financial aid to merged areas as defined in section 260C.2 in accordance with chapters 258 and 260C:
.................................................. $154,412,677
   Notwithstanding the allocation formula in section 260C.18C, the funds appropriated in this subsection shall be allocated as follows:
   a.  Merged Area I .................................................. $  7,695,292
   b.  Merged Area II .................................................. $  8,172,028
   c.  Merged Area III .................................................. $  7,524,049
   d.  Merged Area IV .................................................. $  3,695,569
   e.  Merged Area V .................................................. $  8,487,222
   f.  Merged Area VI .................................................. $  7,197,423
   g.  Merged Area VII .................................................. $ 10,743,219
   h.  Merged Area IX .................................................. $ 13,371,544
   i.  Merged Area X .................................................. $ 23,601,571
   j.  Merged Area XI .................................................. $ 23,840,304
   k.  Merged Area XII .................................................. $  8,764,410
   l.  Merged Area XIII .................................................. $  9,042,641
   m.  Merged Area XIV .................................................. $  3,753,787
   n.  Merged Area XV .................................................. $ 11,762,668
   o.  Merged Area XVI .................................................. $  6,760,950
   Sec. 183.  DEPARTMENT OF EDUCATION TRANSFERS.  There is transferred between the following designated appropriations made to the department of education for the fiscal year beginning July 1, 2010, and ending June 30, 2011, not more than the following amounts:
   From the appropriation made for purposes of the student achievement and teacher quality program in 2010 Iowa Acts, chapter 1183, section 6, subsection 18, as follows:
   1.  To the appropriation made for purposes of vocational education administration in 2010 Iowa Acts, chapter 1183, section 6, subsection 2:
.................................................. $    110,521
   2.  To the appropriation made for purposes of vocational education to secondary schools in 2010 Iowa Acts, chapter 1183, section 6, subsection 8:
.................................................. $     39,458
   3.  To the appropriation made for purposes of school food service in 2010 Iowa Acts, chapter 1183, section 6, subsection 9:
.................................................. $     55,739

STATE BOARD OF REGENTS
   Sec. 184.  There is appropriated from the general fund of the state to the state board of regents for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  OFFICE OF STATE BOARD OF REGENTS
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,023,664
............................................... FTEs      15.00
   The state board of regents shall submit a monthly financial report in a format agreed upon by the state board of regents office and the legislative services agency.
   b.  For moneys to be allocated to the southwest Iowa graduate studies center:
.................................................. $     85,320
   c.  For moneys to be allocated to the siouxland interstate metropolitan planning council for the tristate graduate center under section 262.9, subsection 22:
.................................................. $     64,963
   d.  For moneys to be allocated to the quad-cities graduate studies center:
.................................................. $    126,585
   e.  For moneys to be distributed to Iowa public radio for public radio operations:
.................................................. $    381,939
   2.  STATE UNIVERSITY OF IOWA
   a.  General university, including lakeside laboratory
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $202,530,663
............................................... FTEs   5,058.55
   b.  Oakdale campus
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,132,789
............................................... FTEs      38.25
   c.  State hygienic laboratory
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,449,746
............................................... FTEs     102.50
   d.  Family practice program
   For allocation by the dean of the college of medicine, with approval of the advisory board, to qualified participants to carry out the provisions of chapter 148D for the family practice program, including salaries and support, and for not more than the following full-time equivalent positions:
.................................................. $  1,744,290
............................................... FTEs     190.40
   e.  Child health care services
   For specialized child health care services, including childhood cancer diagnostic and treatment network programs, rural comprehensive care for hemophilia patients, and the Iowa high-risk infant follow-up program, including salaries and support, and for not more than the following full-time equivalent positions:
.................................................. $    643,239
............................................... FTEs      57.97
   f.  Statewide cancer registry
   For the statewide cancer registry, and for not more than the following full-time equivalent positions:
.................................................. $    145,386
............................................... FTEs       2.10
   g.  Substance abuse consortium
   For moneys to be allocated to the Iowa consortium for substance abuse research and evaluation, and for not more than the following full-time equivalent position:
.................................................. $     54,164
............................................... FTEs       1.00
   h.  Center for biocatalysis
   For the center for biocatalysis, and for not more than the following full-time equivalent positions:
.................................................. $    705,931
............................................... FTEs       6.28
   i.  Primary health care initiative
   For the primary health care initiative in the college of medicine, and for not more than the following full-time equivalent positions:
.................................................. $    632,972
............................................... FTEs       5.89
   From the moneys appropriated in this lettered paragraph, $254,889 shall be allocated to the department of family practice at the state university of Iowa college of medicine for family practice faculty and support staff.
   j.  Birth defects registry
   For the birth defects registry, and for not more than the following full-time equivalent position:
.................................................. $     37,346
............................................... FTEs       1.00
   k.  Larned A. Waterman Iowa nonprofit resource center
   For the Larned A. Waterman Iowa nonprofit resource center, and for not more than the following full-time equivalent positions:
.................................................. $    158,542
............................................... FTEs       2.75
   3.  IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

   a.  General university
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $158,698,238
............................................... FTEs   3,647.42
   b.  Agricultural experiment station
   For the agricultural experiment station salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 27,420,590
............................................... FTEs     546.98
   c.  Cooperative extension service in agriculture and home economics
   For the cooperative extension service in agriculture and home economics salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 17,495,648
............................................... FTEs     383.34
   d.  Leopold center
   For agricultural research grants at Iowa state university of science and technology under section 266.39B, and for not more than the following full-time equivalent positions:
.................................................. $    387,645
............................................... FTEs      11.25
   e.  Livestock disease research
   For deposit in and the use of the livestock disease research fund under section 267.8:
.................................................. $    168,595
   4.  UNIVERSITY OF NORTHERN IOWA
   a.  General university
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 72,166,679
............................................... FTEs   1,447.50
   b.  Recycling and reuse center
   For purposes of the recycling and reuse center, and for not more than the following full-time equivalent positions:
.................................................. $    170,947
............................................... FTEs       3.00
   c.  Science, technology, engineering, and mathematics (STEM) collaborative initiative
   For purposes of establishing a science, technology, engineering, and mathematics (STEM) collaborative initiative, and for not more than the following full-time equivalent positions:
.................................................. $  1,692,000
............................................... FTEs       6.20
   (1)  From the moneys appropriated in this lettered paragraph, up to $282,000 shall be allocated for salaries, staffing, and institutional support. The remainder of the moneys appropriated in this lettered paragraph shall be expended only to support activities directly related to recruitment of kindergarten through grade 12 mathematics and science teachers and for ongoing mathematics and science programming for students enrolled in kindergarten through grade 12.
   (2)  The university of northern Iowa shall work with the community colleges to develop STEM professional development programs for community college instructors and STEM curriculum development.
   d.  Real estate education program
   For purposes of the real estate education program, and for not more than the following full-time equivalent position:
.................................................. $    122,221
............................................... FTEs       1.00
   5.  STATE SCHOOL FOR THE DEAF
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,159,166
............................................... FTEs     126.60
   6.  IOWA BRAILLE AND SIGHT SAVING SCHOOL
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,622,320
............................................... FTEs      62.87
   7.  TUITION AND TRANSPORTATION COSTS
   For payment to local school boards for the tuition and transportation costs of students residing in the Iowa braille and sight saving school and the state school for the deaf pursuant to section 262.43 and for payment of certain clothing, prescription, and transportation costs for students at these schools pursuant to section 270.5:
.................................................. $     11,474
   8.  LICENSED CLASSROOM TEACHERS
   For distribution at the Iowa braille and sight saving school and the Iowa school for the deaf based upon the average yearly enrollment at each school as determined by the state board of regents:
.................................................. $     80,032
   Sec. 185.  ENERGY COST-SAVINGS PROJECTS —— FINANCING.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the state board of regents may use notes, bonds, or other evidences of indebtedness issued under section 262.48 to finance projects that will result in energy cost savings in an amount that will cause the state board to recover the cost of the projects within an average of six years.
   Sec. 186.  PRESCRIPTION DRUG COSTS.  Notwithstanding section 270.7, the department of administrative services shall pay the state school for the deaf and the Iowa braille and sight saving school the moneys collected from the counties during the fiscal year beginning July 1, 2011, for expenses relating to prescription drug costs for students attending the state school for the deaf and the Iowa braille and sight saving school.
   Sec. 187.  Section 256C.5, subsection 1, paragraph c, Code 2011, is amended to read as follows:
   c.  “Preschool budget enrollment” means the figure that is equal to sixty thirty percent of the actual enrollment of eligible students in the preschool programming provided by a school district approved to participate in the preschool program on October 1 of the base year, or the first Monday in October if October 1 falls on a Saturday or Sunday.
   Sec. 188.  Section 256C.5, subsection 4, Code 2011, is amended to read as follows:
   4.  Administration and oversight.
   a.  Except as otherwise provided by law for a fiscal year, of the amount appropriated for that fiscal year for payment of preschool foundation aid statewide, the department may use an amount sufficient to fund up to three full-time equivalent positions which shall be in addition to the number of positions authorized for the fiscal year, as necessary to provide administration and oversight of the preschool program.
   b.  Of the amount of preschool foundation aid received by a school district for a fiscal year, not more than five percent shall be used by the school district for administering the district’s approved local program.
   Sec. 189.  Section 256I.9, subsection 3, paragraph b, Code 2011, is amended to read as follows:
   b.  Family support services and parent education programs promoted to parents of children from zero through age five. Family support services shall include but are not limited to home visitation. Of the state funding from all sources that an area board designates for family support programs, at least sixty percent shall be committed to programs with a home visitation component.
   Sec. 190.  Section 261.19, Code 2011, is amended to read as follows:
   261.19Osteopathic physician Health care professional recruitment program.
   1.  A physician health care professional recruitment program is established, to be administered by the college student aid commission, for Des Moines university —— osteopathic medical center. The program shall consist of aforgivable loan program and a tuition scholarship program for students and a loan repayment program for physicians health care professionals. The commission shall regularly adjust thephysician service requirement under each aspect of the program to provide, to the extent possible, an equal financial benefit for each period of service required.
   2.
  a.  Notwithstanding the administration provisions of subsection 1, the forgivable loan program established pursuant to subsection 1 shall be administered by the commission in conjunction with Des Moines university —— osteopathic medical center. Des Moines university —— osteopathic medical center shall match on an equal basis state aid appropriated for purposes of the forgivable loan program.
   b.  Des Moines university —— osteopathic medical center shall provide recommendations to the commission for students who meet the eligibility requirements of the forgivable loan program. A forgivable loan may be awarded to a resident of Iowa who is enrolled at Des Moines university —— osteopathic medical center if the student agrees to practice in this state for a period of time to be determined by the commission at the time the loan is awarded. Forgivable loans to eligible students shall not become due until after the student completes a residency program. Interest on the loans shall begin to accrue the day following the student’s graduation date. If the student completes the period of practice established by the commission and agreed to by the student, the loan amount shall be forgiven. The loan amount shall not be forgiven if the osteopathic physician fails to complete the required time period of practice in this state or fails to satisfactorily continue in the university’s program of medical education.
   3.  A student enrolled at Des Moines university —— osteopathic medical center shall be eligible for a tuition scholarship for the student’s study at the university. The scholarship shall be for an amount not to exceed the annual tuition at the university. A student who receives a tuition scholarship shall not be eligible for the loan repayment program provided for by this section. A student who receives a tuition scholarship shall agree to practice in an eligible rural community in this state for a period of time to be determined by the commission at the time the scholarship is awarded. The student shall repay the scholarship to the commission if the student fails to practice in a medically underserved rural community in this state for the required period of time.
   4.  2.  A physician health care professional shall be eligible for thephysician loan repayment program if the physician health care professional agrees to practice in an eligible rural community in this state. Des Moines university—— osteopathic medical center shall recruit and place physicians health care professionals in rural communities which have agreed to provide additional funds for the physician’s recipient’s loan repayment. The contract for the loan repayment shall stipulate the time period the physician recipient shall practice in an eligible rural community in this state. In addition, the contract shall stipulate that the physician recipient repay any funds paid on the physician’s recipient’s loan by the commission if the physician recipient fails to practice in an eligible rural community in this state for the required period of time.
   3.  A health care professional recruitment revolving fund is created in the state treasury as a separate fund under the control of the commission. The commission shall deposit payments made by health care professional recruitment program recipients and the proceeds from the sale of osteopathic loans awarded pursuant to section 261.19, subsection 2, paragraph “b”, Code 2011, into the health care professional recruitment revolving fund. Moneys credited to the fund shall be used to supplement moneys appropriated for the health care professional recruitment program, for loan repayment in accordance with this section, and to pay for loan or interest repayment defaults by program recipients. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
   4.  For purposes of this subsection, “eligible section:
   a.  “Eligible rural community” means a medically underserved rural community which agrees to match state funds provided on at least a dollar-for-dollar basis for the loan repayment of a physician health care professional who practices in the community.
   b.  “Health care professional” means a physician, physician assistant, podiatrist, or physical therapist.
   5.  The commission shall adopt rules pursuant to chapter 17A to administer this section.
   Sec. 191.  Section 261.25, subsection 2, Code 2011, is amended to read as follows:
   2.  There is appropriated from the general fund of the state to the commission for each fiscal year the sum of four million six two hundredfifty thousand four hundred eighty-seven dollars for tuition grants for students attending for-profit accredited private institutions located in Iowa. A for-profit institution which, effective March 9, 2005,or effective January 8, 2010, purchased an accredited private institution that was exempt from taxation under section 501(c) of the Internal Revenue Code, shall be an eligible institution under the tuition grant program. For purposes of the tuition grant program,“for-profit accredited private institution” means an accredited private institution which is not exempt from taxation undersection 501(c)(3) of the Internal Revenue Codebut which otherwise meets the requirements of section 261.9, subsection 1, paragraph “b”, and whose students were eligible to receive tuition grants in the fiscal year beginning July 1, 2003.
   Sec. 192.  Section 284.13, subsection 1, paragraphs a through c, Code 2011, are amended to read as follows:
   a.  For the fiscal year beginning July 1, 2010 2011, and ending June 30, 2011 succeeding fiscal years, to the department of education, the amount of nine six hundred sixty-four eighty-five thousand dollars for the issuance of national board certification awards in accordance with section 256.44. Of the amount allocated under this paragraph, not less than seventy-six eighty-five thousandfive hundred dollars shall be used to administer the ambassador to education position in accordance with section 256.45.
   b.  For the fiscal year beginning July 1, 2010 2011, and succeeding fiscal years, an amount up to four three million one two hundredseven thousandtwo hundred forty dollars for first-year and second-year beginning teachers, to the department of education for distribution to school districts and area education agencies for purposes of the beginning teacher mentoring and induction programs. A school district or area education agency shall receive one thousand three hundred dollars per beginning teacher participating in the program. If the funds appropriated for the program are insufficient to pay mentors, school districts, and area education agencies as provided in this paragraph, the department shall prorate the amount distributed to school districts and area education agencies based upon the amount appropriated. Moneys received by a school district or area education agency pursuant to this paragraph shall be expended to provide each mentor with an award of five hundred dollars per semester, at a minimum, for participation in the school district’s or area education agency’s beginning teacher mentoring and induction program; to implement the plan; and to pay any applicable costs of the employer’s share of contributions to federal social security and the Iowa public employees’ retirement system or a pension and annuity retirement system established under chapter 294, for such amounts paid by the district or area education agency.
   c.  For the fiscal year beginning July 1, 2010 2011, and ending June 30, 2011 succeeding fiscal years, up to six hundred thirteen thousand eight hundred seventy-eight dollars to the department for purposes of implementing the professional development program requirements of section 284.6, assistance in developing model evidence for teacher quality committees established pursuant to section 284.4, subsection 1, paragraph “c”, and the evaluator training program in section 284.10. A portion of the funds allocated to the department for purposes of this paragraph may be used by the department for administrative purposes and for not more than four full-time equivalent positions.
   Sec. 193.  Section 284.13, subsection 1, paragraph d, Code 2011, is amended by striking the paragraph.
   Sec. 194.  Section 299A.2, Code 2011, is amended to read as follows:
   299A.2  Competent private instruction by licensed practitioner.
   If a licensed practitioner provides competent instruction to a school-age child of compulsory attendance age, the practitioner shall possess a valid license or certificate which has been issued by the state board of educational examiners under chapter 272 and which is appropriate to the ages and grade levels of the children to be taught. Competent private instruction may include, but is not limited to, a home school assistance program which provides instruction or instructional supervision offered through an accredited nonpublic school or public school district by a teacher, who is employed by the accredited nonpublic school or public school district, who assists and supervises a parent, guardian, or legal custodian in providing instruction to a child. If competent private instruction is provided through a public school district, the child shall be enrolled and included in the basic enrollment of the school district as provided in section 257.6. Sections 299A.3 through 299A.7 do not apply to competent private instruction provided by a licensed practitioner under this section. However, the reporting requirement contained in section 299A.3, subsection 1, shall apply to competent private instruction provided by licensed practitioners that is not part of a home school assistance program offered through an accredited nonpublic school or public school district.
   Sec. 195.  Section 299A.8, Code 2011, is amended to read as follows:
   299A.8  Dual enrollment.
   If a parent, guardian, or legal custodian of a school-age child who is receiving competent private instruction under this chapter or a child over compulsory age who is receiving private instruction submits a request, the child shall also be registered in a public school for dual enrollment purposes. If the child is enrolled in a public school district for dual enrollment purposes, the child shall be permitted to participate in any academic activities in the district and shall also be permitted to participate on the same basis as public school children in any extracurricular activities available to children in the child’s grade or group, and the parent, guardian, or legal custodian shall not be required to pay the costs of any annual evaluation under this chapter. If the child is enrolled for dual enrollment purposes, the child shall be included in the public school’s basic enrollment under section 257.6. A pupil who is participating only in extracurricular activities shall be counted under section 257.6, subsection 1, paragraph “a”, subparagraph (6). A pupil enrolled in grades nine through twelve under this section shall be counted in the same manner as a shared-time pupil under section 257.6, subsection 1, paragraph “a”, subparagraph (3).
   Sec. 196.  Section 299A.12, subsection 1, Code 2011, is amended to read as follows:
   1.  The board of directors of a school district may shall expend moneys received pursuant to section 257.6, subsection 1, paragraph “a”, subparagraph (5), for purposes of providing a home school assistance program.
   Sec. 197.  Section 299A.12, subsection 2, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  Assisting Instruction for students and assisting parents with instruction.
   b.  Student Support services for students and teaching-parent support services teaching parents and staff support services.
   Sec. 198.  Section 299A.12, subsection 2, paragraph g, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Resources, materials, computer software and hardware, and supplies, and purchased services that meet the following criteria:
   Sec. 199.  Section 299A.12, subsection 3, paragraphs b, c, e, and f, Code 2011, are amended to read as follows:
   b.  Operational or maintenance costs in addition to the cost of maintaining school district facilities other than those necessary to operate and maintain the program.
   c.  Capital expenditures other than equipment or facility acquisition, including the lease or rental of space to supplement existing schoolhouse facilities.
   e.  Administrative costs other than the costs necessary to administer the program.
   f.  Concurrent and dual enrollmentprogram costs and postsecondary enrollment options program costs.
   Sec. 200.  REPEAL.  Section 261.19B, Code 2011, is repealed.
   Sec. 201.  EFFECTIVE UPON ENACTMENT.  The section of this division of this Act transferring moneys appropriated pursuant to 2010 Iowa Acts, chapter 1183, section 6, subsection 18, being deemed of immediate importance, takes effect upon enactment and, if approved by the governor on or after July 1, 2011, shall apply retroactively to June 30, 2011.
   Sec. 202.  APPLICABILITY.  The section of this division of this Act amending section 256C.5, subsection 1, takes effect upon enactment, and applies to budget years beginning on or after July 1, 2011.
   Sec. 203.  RETROACTIVE APPLICABILITY.  The sections of this division of this Act amending sections 299A.2 and 299A.8 apply retroactively to the base year beginning July 1, 2009.

DIVISION XX

EDUCATION

FY 2012-2013

DEPARTMENT FOR THE BLIND
   Sec. 204.  ADMINISTRATION.  There is appropriated from the general fund of the state to the department for the blind for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,450,145
............................................... FTEs      88.00

COLLEGE STUDENT AID COMMISSION
   Sec. 205.  There is appropriated from the general fund of the state to the college student aid commission for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  GENERAL ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    199,668
............................................... FTEs       3.95
   2.  STUDENT AID PROGRAMS
   For payments to students for the Iowa grant program established in section 261.93:
.................................................. $    721,447
   3.  DES MOINES UNIVERSITY —— HEALTH CARE PROFESSIONAL RECRUITMENT PROGRAM
   For forgivable loans to Iowa students attending Des Moines university —— osteopathic medical center under the forgivable loan program pursuant to section 261.19:
.................................................. $    297,244
   4.  NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM
   For purposes of providing national guard educational assistance under the program established in section 261.86:
.................................................. $  3,558,298
   5.  TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM
   For the teacher shortage loan forgiveness program established in section 261.112:
.................................................. $    212,500
   6.  ALL IOWA OPPORTUNITY FOSTER CARE GRANT PROGRAM
   For purposes of the all Iowa opportunity foster care grant program established pursuant to section 261.6:
.................................................. $    505,226
   7.  ALL IOWA OPPORTUNITY SCHOLARSHIP PROGRAM
   a.  For purposes of the all Iowa opportunity scholarship program established pursuant to section 261.87:
.................................................. $  2,043,357
   b.  If the moneys appropriated by the general assembly to the college student aid commission for fiscal year 2012-2013 for purposes of the all Iowa opportunity scholarship program exceed $500,000, “eligible institution” as defined in section 261.87, shall, during fiscal year 2012-2013, include accredited private institutions as defined in section 261.9, subsection 1.
   8.  REGISTERED NURSE AND NURSE EDUCATOR LOAN FORGIVENESS PROGRAM
   a.  For purposes of the registered nurse and nurse educator loan forgiveness program established pursuant to section 261.23:
.................................................. $     73,726
   b.  It is the intent of the general assembly that the commission continue to consider moneys allocated pursuant to this subsection as moneys that meet the state matching funds requirements of the federal leveraging educational assistance program and the federal supplemental leveraging educational assistance program established under the Higher Education Act of 1965, as amended.
   9.  BARBER AND COSMETOLOGY ARTS AND SCIENCES TUITION GRANT PROGRAM
   For purposes of the barber and cosmetology arts and sciences tuition grant program established pursuant to section 261.18:
.................................................. $     33,682
   Sec. 206.  IOWA TUITION AND VOCATIONAL-TECHNICAL TUITION GRANT APPROPRIATIONS FOR FY 2012-2013.  Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the amounts appropriated from the general fund of the state to the college student aid commission pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For Iowa tuition grants under section 261.25, subsection 1:
.................................................. $ 37,411,431
   2.  For tuition grants for students attending for-profit accredited private institutions located in Iowa under section 261.25, subsection 2:
.................................................. $  3,570,000
   3.  For vocational-technical tuition grants under section 261.25, subsection 3:
.................................................. $  2,051,865
   Sec. 207.  CHIROPRACTIC LOAN FUNDS.  Notwithstanding section 261.72, the moneys deposited in the chiropractic loan revolving fund created pursuant to section 261.72 may be used for purposes of the chiropractic loan forgiveness program established in section 261.73.
   Sec. 208.  WORK-STUDY APPROPRIATION FOR FY 2012-2013.  Notwithstanding section 261.85, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the amount appropriated from the general fund of the state to the college student aid commission for the work-study program under section 261.85 shall be zero.

DEPARTMENT OF EDUCATION
   Sec. 209.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  GENERAL ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  5,116,186
............................................... FTEs      81.67
   2.  VOCATIONAL EDUCATION ADMINISTRATION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    358,971
............................................... FTEs      11.50
   3.  VOCATIONAL REHABILITATION SERVICES DIVISION
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,805,771
............................................... FTEs     255.00
   b.  For matching funds for programs to enable persons with severe physical or mental disabilities to function more independently, including salaries and support, and for not more than the following full-time equivalent position:
.................................................. $     33,538
............................................... FTEs       1.00
   c.  For the entrepreneurs with disabilities program established pursuant to section 259.4, subsection 9:
.................................................. $    124,746
   d.  For costs associated with centers for independent living:
.................................................. $     34,538
   4.  STATE LIBRARY
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,036,829
............................................... FTEs      17.00
   b.  For the enrich Iowa program established under section 256.57:
.................................................. $  1,435,069
   5.  LIBRARY SERVICE AREA SYSTEM
   For state aid:
.................................................. $    794,679
   6.  PUBLIC BROADCASTING DIVISION
   For salaries, support, maintenance, capital expenditures, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,553,514
............................................... FTEs      82.00
   7.  REGIONAL TELECOMMUNICATIONS COUNCILS
   For state aid:
.................................................. $    851,079
   The regional telecommunications councils established in section 8D.5 shall use the moneys appropriated in this subsection to provide technical assistance for network classrooms, planning and troubleshooting for local area networks, scheduling of video sites, and other related support activities.
   8.  VOCATIONAL EDUCATION TO SECONDARY SCHOOLS
   For reimbursement for vocational education expenditures made by secondary schools:
.................................................. $  2,069,949
   Moneys appropriated in this subsection shall be used to reimburse school districts for vocational education expenditures made by secondary schools to meet the standards set in sections 256.11, 258.4, and 260C.14.
   9.  SCHOOL FOOD SERVICE
   For use as state matching funds for federal programs that shall be disbursed according to federal regulations, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,694,726
............................................... FTEs      20.58
   10.  EARLY CHILDHOOD IOWA FUND —— GENERAL AID
   For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $  4,578,196
   a.  From the moneys deposited in the school ready children grants account for the fiscal year beginning July 1, 2012, and ending June 30, 2013, not more than $265,950 is allocated for the early childhood Iowa office and other technical assistance activities. The early childhood Iowa state board shall direct staff to work with the early childhood stakeholders alliance created in section 256I.12 to inventory technical assistance needs. Moneys allocated under this lettered paragraph may be used by the early childhood Iowa state board for the purpose of skills development and support for ongoing training of staff. However, except as otherwise provided in this subsection, moneys shall not be used for additional staff or for the reimbursement of staff.
   b.  As a condition of receiving moneys appropriated in this subsection, each early childhood Iowa area board shall report to the early childhood Iowa state board progress on each of the local indicators approved by the area board. Each early childhood Iowa area board must also submit an annual budget for the area’s comprehensive school ready children grant developed for providing services for children from birth through five years of age, and provide other information specified by the early childhood Iowa state board, including budget amendments as needed. The early childhood Iowa state board shall establish a submission deadline for the annual budget and any budget amendments that allow a reasonable period of time for preparation by the early childhood Iowa area boards and for review and approval or request for modification of the materials by the early childhood Iowa state board. In addition, each early childhood Iowa area board must continue to comply with reporting provisions and other requirements adopted by the early childhood Iowa state board in implementing section 256I.9.
   c.  Of the amount appropriated in this subsection for deposit in the school ready children grants account of the early childhood Iowa fund, $2,318,018 shall be used for efforts to improve the quality of early care, health, and education programs. Moneys allocated pursuant to this paragraph may be used for additional staff and for the reimbursement of staff. The early childhood Iowa state board may reserve a portion of the allocation, not to exceed $88,650, for the technical assistance expenses of the early childhood Iowa state office, including the reimbursement of staff, and shall distribute the remainder to early childhood Iowa areas for local quality improvement efforts through a methodology identified by the early childhood Iowa state board to make the most productive use of the funding, which may include use of the distribution formula, grants, or other means.
   d.  Of the amount appropriated in this subsection for deposit in the school ready children grants account of the early childhood Iowa fund, $825,030 shall be used for support of professional development and training activities for persons working in early care, health, and education by the early childhood Iowa state board in collaboration with the professional development component group of the early childhood Iowa stakeholders alliance maintained pursuant to section 256I.12, subsection 7, paragraph “b”, and the early childhood Iowa area boards. Expenditures shall be limited to professional development and training activities agreed upon by the parties participating in the collaboration.
   11.  EARLY CHILDHOOD IOWA FUND —— PRESCHOOL TUITION ASSISTANCE
   a.  For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $  2,659,545
   b.  The amount appropriated in this subsection shall be used for early care, health, and education programs to assist low-income parents with tuition for preschool and other supportive services for children ages three, four, and five who are not attending kindergarten in order to increase the basic family income eligibility requirement to not more than 200 percent of the federal poverty level. In addition, if sufficient funding is available after addressing the needs of those who meet the basic income eligibility requirement, an early childhood Iowa area board may provide for eligibility for those with a family income in excess of the basic income eligibility requirement through use of a sliding scale or other copayment provisions.
   12.  EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT EDUCATION
   a.  For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $ 10,509,769
   b.  The amount appropriated in this subsection shall be used for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five and shall be distributed using the distribution formula approved by the early childhood Iowa state board and shall be used by an early childhood Iowa area board only for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five.
   13.  BIRTH TO AGE THREE SERVICES
   For expansion of the federal Individuals with Disabilities Education Improvement Act of 2004, Pub. L. No. 108-446, as amended to January 1, 2012, birth through age three services due to increased numbers of children qualifying for those services:
.................................................. $  1,375,399
   From the moneys appropriated in this subsection, $383,769 shall be allocated to the child health specialty clinic at the state university of Iowa to provide additional support for infants and toddlers who are born prematurely, drug-exposed, or medically fragile.
   14.  TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS
   To provide moneys for costs of providing textbooks to each resident pupil who attends a nonpublic school as authorized by section 301.1:
.................................................. $    510,839
   Funding under this subsection is limited to $20 per pupil and shall not exceed the comparable services offered to resident public school pupils.
   15.  BEGINNING ADMINISTRATOR MENTORING AND INDUCTION PROGRAM
   For purposes of administering the beginning administrator mentoring and induction program established pursuant to chapter 284A:
.................................................. $    155,931
   16.  STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM
   For purposes of the student achievement and teacher quality program established pursuant to chapter 284, and for not more than the following full-time equivalent positions:
.................................................. $  3,824,046
............................................... FTEs       2.00
   17.  JOBS FOR AMERICA’S GRADUATES
   For school districts to provide direct services to the most at-risk senior high school students enrolled in school districts through direct intervention by a jobs for America’s graduates specialist:
.................................................. $    459,000
   18.  COMMUNITY COLLEGES
   For general state financial aid to merged areas as defined in section 260C.2 in accordance with chapters 258 and 260C:
.................................................. $131,250,775
   The funds appropriated in this subsection shall be allocated pursuant to the formula established in section 206C.18C.

STATE BOARD OF REGENTS
   Sec. 210.  There is appropriated from the general fund of the state to the state board of regents for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as may be necessary, to be used for the purposes designated:
   1.  OFFICE OF STATE BOARD OF REGENTS
   a.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    870,114
............................................... FTEs      15.00
   The state board of regents shall submit a monthly financial report in a format agreed upon by the state board of regents office and the legislative services agency.
   b.  For moneys to be allocated to the southwest Iowa graduate studies center:
.................................................. $     72,522
   c.  For moneys to be allocated to the siouxland interstate metropolitan planning council for the tristate graduate center under section 262.9, subsection 22:
.................................................. $     55,219
   d.  For moneys to be allocated to the quad-cities graduate studies center:
.................................................. $    107,597
   e.  For moneys to be distributed to Iowa public radio for public radio operations:
.................................................. $    324,648
   2.  STATE UNIVERSITY OF IOWA
   a.  General university, including lakeside laboratory
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $172,151,064
............................................... FTEs   5,058.55
   b.  Oakdale campus
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,812,871
............................................... FTEs      38.25
   c.  State hygienic laboratory
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,932,284
............................................... FTEs     102.50
   d.  Family practice program
   For allocation by the dean of the college of medicine, with approval of the advisory board, to qualified participants to carry out the provisions of chapter 148D for the family practice program, including salaries and support, and for not more than the following full-time equivalent positions:
.................................................. $  1,482,647
............................................... FTEs     190.40
   e.  Child health care services
   For specialized child health care services, including childhood cancer diagnostic and treatment network programs, rural comprehensive care for hemophilia patients, and the Iowa high-risk infant follow-up program, including salaries and support, and for not more than the following full-time equivalent positions:
.................................................. $    546,753
............................................... FTEs      57.97
   f.  Statewide cancer registry
   For the statewide cancer registry, and for not more than the following full-time equivalent positions:
.................................................. $    123,578
............................................... FTEs       2.10
   g.  Substance abuse consortium
   For moneys to be allocated to the Iowa consortium for substance abuse research and evaluation, and for not more than the following full-time equivalent position:
.................................................. $     46,039
............................................... FTEs       1.00
   h.  Center for biocatalysis
   For the center for biocatalysis, and for not more than the following full-time equivalent positions:
.................................................. $    600,041
............................................... FTEs       6.28
   i.  Primary health care initiative
   For the primary health care initiative in the college of medicine, and for not more than the following full-time equivalent positions:
.................................................. $    538,026
............................................... FTEs       5.89
   From the moneys appropriated in this lettered paragraph, $254,889 shall be allocated to the department of family practice at the state university of Iowa college of medicine for family practice faculty and support staff.
   j.  Birth defects registry
   For the birth defects registry, and for not more than the following full-time equivalent position:
.................................................. $     31,744
............................................... FTEs       1.00
   k.  Larned A. Waterman Iowa nonprofit resource center
   For the Larned A. Waterman Iowa nonprofit resource center, and for not more than the following full-time equivalent positions:
.................................................. $    134,761
............................................... FTEs       2.75
   3.  IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY
   a.  General university
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $134,893,502
............................................... FTEs   3,647.42
   b.  Agricultural experiment station
   For the agricultural experiment station salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 23,307,502
............................................... FTEs     546.98
   c.  Cooperative extension service in agriculture and home economics
   For the cooperative extension service in agriculture and home economics salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 14,871,301
............................................... FTEs     383.34
   d.  Leopold center
   For agricultural research grants at Iowa state university of science and technology under section 266.39B, and for not more than the following full-time equivalent positions:
.................................................. $    329,498
............................................... FTEs      11.25
   e.  Livestock disease research
   For deposit in and the use of the livestock disease research fund under section 267.8:
.................................................. $    143,306
   4.  UNIVERSITY OF NORTHERN IOWA
   a.  General university
   For salaries, support, maintenance, equipment, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 61,341,677
............................................... FTEs   1,447.50
   b.  Recycling and reuse center
   For purposes of the recycling and reuse center, and for not more than the following full-time equivalent positions:
.................................................. $    145,305
............................................... FTEs       3.00
   c.  Science, technology, engineering, and mathematics (STEM) collaborative initiative
   For purposes of establishing a science, technology, engineering, and mathematics (STEM) collaborative initiative, and for not more than the following full-time equivalent positions:
.................................................. $  1,438,200
............................................... FTEs       6.20
   (1)  From the moneys appropriated in this lettered paragraph, up to $282,000 shall be allocated for salaries, staffing, and institutional support. The remainder of the moneys appropriated in this lettered paragraph shall be expended only to support activities directly related to recruitment of kindergarten through grade 12 mathematics and science teachers and for ongoing mathematics and science programming for students enrolled in kindergarten through grade 12.

   (2)  The university of northern Iowa shall work with the community colleges to develop STEM professional development programs for community college instructors and STEM curriculum development.
   d.  Real estate education program
   For purposes of the real estate education program, and for not more than the following full-time equivalent position:
.................................................. $    103,888
............................................... FTEs       1.00
   5.  STATE SCHOOL FOR THE DEAF
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,935,291
............................................... FTEs     126.60
   6.  IOWA BRAILLE AND SIGHT SAVING SCHOOL
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,078,972
............................................... FTEs      62.87
   7.  TUITION AND TRANSPORTATION COSTS
   For payment to local school boards for the tuition and transportation costs of students residing in the Iowa braille and sight saving school and the state school for the deaf pursuant to section 262.43 and for payment of certain clothing, prescription, and transportation costs for students at these schools pursuant to section 270.5:
.................................................. $      9,753
   8.  LICENSED CLASSROOM TEACHERS
   For distribution at the Iowa braille and sight saving school and the Iowa school for the deaf based upon the average yearly enrollment at each school as determined by the state board of regents:
.................................................. $     68,027
   Sec. 211.  ENERGY COST-SAVINGS PROJECTS —— FINANCING.  For the fiscal year beginning July 1, 2012, and ending June 30, 2013, the state board of regents may use notes, bonds, or other evidences of indebtedness issued under section 262.48 to finance projects that will result in energy cost savings in an amount that will cause the state board to recover the cost of the projects within an average of six years.
   Sec. 212.  PRESCRIPTION DRUG COSTS.  Notwithstanding section 270.7, the department of administrative services shall pay the state school for the deaf and the Iowa braille and sight saving school the moneys collected from the counties during the fiscal year beginning July 1, 2012, for expenses relating to prescription drug costs for students attending the state school for the deaf and the Iowa braille and sight saving school.

DIVISION XXI

EDUCATION —— MIDWESTERN HIGHER EDUCATION COMPACT

FY 2010-2011, FY 2011-2012, AND FY 2012-2013
   Sec. 213.  There is appropriated from the general fund of the state to the state board of regents for the following fiscal years, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   To be distributed to the midwestern higher education compact to pay Iowa’s member state annual obligation:
FY 2010-2011.................................................. $     39,000
FY 2011-2012.................................................. $    100,000
FY 2012-2013.................................................. $    100,000
   Sec. 214.  REPEAL.  Section 261D.4, Code 2011, is repealed.
   Sec. 215.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This division of this Act, being deemed of immediate importance, takes effect upon enactment, and if approved by the governor on or after July 1, 2011, shall apply retroactively to June 30, 2011.

DIVISION XXII

HEALTH AND HUMAN SERVICES

DEPARTMENT ON AGING —— FY 2011-2012
   Sec. 216.  DEPARTMENT ON AGING.  There is appropriated from the general fund of the state to the department on aging for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For aging programs for the department on aging and area agencies on aging to provide citizens of Iowa who are 60 years of age and older with case management for frail elders, Iowa’s aging and disabilities resource center, and other services which may include but are not limited to adult day services, respite care, chore services, information and assistance, and material aid, for information and options counseling for persons with disabilities who are 18 years of age or older, and for salaries, support, administration, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 10,302,577
............................................... FTEs      35.00
   1.
  Funds appropriated in this section may be used to supplement federal funds under federal regulations. To receive funds appropriated in this section, a local area agency on aging shall match the funds with moneys from other sources according to rules adopted by the department. Funds appropriated in this section may be used for elderly services not specifically enumerated in this section only if approved by an area agency on aging for provision of the service within the area.
   2.  The amount appropriated in this section includes additional funding of $450,000 for delivery of long-term care services to older individuals with low or moderate incomes.
   3.  Of the funds appropriated in this section, $179,946 shall be transferred to the department of economic development for the Iowa commission on volunteer services to be used for the retired and senior volunteer program.
   4.
  a.  The department on aging shall establish and enforce procedures relating to expenditure of state and federal funds by area agencies on aging that require compliance with both state and federal laws, rules, and regulations, including but not limited to all of the following:
   (1)  Requiring that expenditures are incurred only for goods or services received or performed prior to the end of the fiscal period designated for use of the funds.
   (2)  Prohibiting prepayment for goods or services not received or performed prior to the end of the fiscal period designated for use of the funds.
   (3)  Prohibiting the prepayment for goods or services not defined specifically by good or service, time period, or recipient.
   (4)  Prohibiting the establishment of accounts from which future goods or services which are not defined specifically by good or service, time period, or recipient, may be purchased.
   b.  The procedures shall provide that if any funds are expended in a manner that is not in compliance with the procedures and applicable federal and state laws, rules, and regulations, and are subsequently subject to repayment, the area agency on aging expending such funds in contravention of such procedures, laws, rules and regulations, not the state, shall be liable for such repayment.

DIVISION XXIII

HEALTH AND HUMAN SERVICES

DEPARTMENT OF PUBLIC HEALTH —— FY 2011-2012
   Sec. 217.  DEPARTMENT OF PUBLIC HEALTH.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  ADDICTIVE DISORDERS
   For reducing the prevalence of use of tobacco, alcohol, and other drugs, and treating individuals affected by addictive behaviors, including gambling, and for not more than the following full-time equivalent positions:
.................................................. $ 20,703,190
............................................... FTEs      13.00
   a.
  (1)  Of the funds appropriated in this subsection 1, $453,830 shall be transferred to the alcoholic beverages division of the department of commerce for enforcement of tobacco laws, regulations, and ordinances in accordance with 2011 Iowa Acts, House File 467, as enacted.
   (2)  Implementation of the tobacco use prevention and control initiative for the fiscal year beginning July 1, 2011, including efforts at the state and local levels, as provided in chapter 142A, shall be limited to the extent of the funding available.
   b.  Of the funds appropriated in this subsection 1, $20,249,360 shall be used for problem gambling and substance abuse prevention, treatment, and recovery services, including a 24-hour helpline, public information resources, professional training, and program evaluation.
   (1)  Of the funds allocated in this paragraph “b”, $17,132,508 shall be used for substance abuse prevention and treatment.
   (a)  Of the funds allocated in this subparagraph (1), $899,300 shall be used for the public purpose of a grant program to provide substance abuse prevention programming for children.
   (i)  Of the funds allocated in this subparagraph division (a), $427,539 shall be used for grant funding for organizations that provide programming for children by utilizing mentors. Programs approved for such grants shall be certified or will be certified within six months of receiving the grant award by the Iowa commission on volunteer services as utilizing the standards for effective practice for mentoring programs.
   (ii)  Of the funds allocated in this subparagraph division (a), $426,839 shall be used for grant funding for organizations that provide programming that includes youth development and leadership. The programs shall also be recognized as being programs that are scientifically based with evidence of their effectiveness in reducing substance abuse in children.
   (iii)  The department of public health shall utilize a request for proposals process to implement the grant program.
   (iv)  All grant recipients shall participate in a program evaluation as a requirement for receiving grant funds.
   (v)  Of the funds allocated in this subparagraph division (a), up to $44,922 may be used to administer substance abuse prevention grants and for program evaluations.
   (b)  Of the funds allocated in this subparagraph (1), $273,062 shall be used for culturally competent substance abuse treatment pilot projects.
   (i)  The department shall utilize the amount allocated in this subparagraph division (b) for at least three pilot projects to provide culturally competent substance abuse treatment in various areas of the state. Each pilot project shall target a particular ethnic minority population. The populations targeted shall include but are not limited to African American, Asian, and Latino.
   (ii)  The pilot project requirements shall provide for documentation or other means to ensure access to the cultural competence approach used by a pilot project so that such approach can be replicated and improved upon in successor programs.
   (2)  Of the funds allocated in this paragraph “b”, up to $3,116,852 may be used for problem gambling prevention, treatment, and recovery services.
   (a)  Of the funds allocated in this subparagraph (2), $2,579,000 shall be used for problem gambling prevention and treatment.
   (b)  Of the funds allocated in this subparagraph (2), up to $437,852 may be used for a 24-hour helpline, public information resources, professional training, and program evaluation.

   (c)  Of the funds allocated in this subparagraph (2), up to $100,000 may be used for the licensing of problem gambling treatment programs.
   (3)  It is the intent of the general assembly that from the moneys allocated in this paragraph “b”, persons with a dual diagnosis of substance abuse and gambling addictions shall be given priority in treatment services.
   c.  Notwithstanding any provision of law to the contrary, to standardize the availability, delivery, cost of delivery, and accountability of problem gambling and substance abuse treatment services statewide, the department shall continue implementation of a process to create a system for delivery of treatment services in accordance with the requirements specified in 2008 Iowa Acts, chapter 1187, section 3, subsection 4. To ensure the system provides a continuum of treatment services that best meets the needs of Iowans, the problem gambling and substance abuse treatment services in any area may be provided either by a single agency or by separate agencies submitting a joint proposal.
   (1)  The system for delivery of substance abuse and problem gambling treatment shall include problem gambling prevention by July 1, 2012. The department shall submit a proposed legislative bill in accordance with section 2.16, for consideration during the 2012 legislative session, addressing any statutory revisions necessary for full implementation of the system.
   (2)  The system for delivery of substance abuse and problem gambling treatment shall include substance abuse prevention by July 1, 2014.
   (3)  Of the funds allocated in paragraph “b”, the department may use up to $100,000 for administrative costs to continue developing and implementing the process in accordance with this paragraph “c”.
   d.  The requirement of section 123.53, subsection 5, is met by the appropriations and allocations made in the health and human services divisions of this Act for purposes of substance abuse treatment and addictive disorders for the fiscal year beginning July 1, 2011.
   e.  The department of public health shall work with all other departments that fund substance abuse prevention and treatment services and all such departments shall, to the extent necessary, collectively meet the state maintenance of effort requirements for expenditures for substance abuse services as required under the federal substance abuse prevention and treatment block grant.
   f.  The department shall amend or otherwise revise departmental policies and contract provisions in order to eliminate free t-shirt distribution, banner production, and other unnecessary promotional expenditures.
   2.  HEALTHY CHILDREN AND FAMILIES
   For promoting the optimum health status for children, adolescents from birth through 21 years of age, and families, and for not more than the following full-time equivalent positions:
.................................................. $  2,594,270
............................................... FTEs      10.00
   a.  Of the funds appropriated in this subsection, not more than $739,318 shall be used for the healthy opportunities to experience success (HOPES)-healthy families Iowa (HFI) program established pursuant to section 135.106. The funding shall be distributed to renew the grants that were provided to the grantees that operated the program during the fiscal year ending June 30, 2011.
   b.  Of the funds appropriated in this subsection, $329,885 shall be used to continue to address the healthy mental development of children from birth through five years of age through local evidence-based strategies that engage both the public and private sectors in promoting healthy development, prevention, and treatment for children.
   c.  Of the funds appropriated in this subsection, $31,597 shall be distributed to a statewide dental carrier to provide funds to continue the donated dental services program patterned after the projects developed by the dental lifeline network to provide dental services to indigent elderly and disabled individuals.
   d.  Of the funds appropriated in this subsection, $112,677 shall be used for childhood obesity prevention.
   e.  Of the funds appropriated in this subsection, $163,760 shall be used to provide audiological services and hearing aids for children. The department may enter into a contract to administer this paragraph.
   3.  CHRONIC CONDITIONS
   For serving individuals identified as having chronic conditions or special health care needs, and for not more than the following full-time equivalent positions:
.................................................. $  3,438,591
............................................... FTEs       4.00
   a.  Of the funds appropriated in this subsection, $160,582 shall be used for grants to individual patients who have phenylketonuria (PKU) to assist with the costs of necessary special foods.
   b.  Of the funds appropriated in this subsection, $483,600 is allocated for continuation of the contracts for resource facilitator services in accordance with section 135.22B, subsection 9, and for brain injury training services and recruiting of service providers to increase the capacity within this state to address the needs of individuals with brain injuries and such individuals’ families.
   c.  Of the funds appropriated in this subsection, $468,874 shall be used as additional funding to leverage federal funding through the federal Ryan White Care Act, Tit. II, AIDS drug assistance program supplemental drug treatment grants.
   d.  Of the funds appropriated in this subsection, $31,254 shall be used for the public purpose of providing a grant to an existing national-affiliated organization to provide education, client-centered programs, and client and family support for people living with epilepsy and their families.
   e.  Of the funds appropriated in this subsection, $12,500 shall be used for the purposes of the epilepsy treatment and education task force as specified in 2011 Iowa Acts, House File 322, as enacted.
   f.  Of the funds appropriated in this subsection, $788,303 shall be used for child health specialty clinics.
   g.  Of the funds appropriated in this subsection, $711,052 shall be used for the comprehensive cancer control program to reduce the burden of cancer in Iowa through prevention, early detection, effective treatment, and ensuring quality of life. Of the funds allocated in this lettered paragraph, $363,987 shall be used to support a melanoma research symposium, a melanoma biorepository and registry, basic and translational melanoma research, and clinical trials.
   h.  Of the funds appropriated in this subsection, $126,450 shall be used for cervical and colon cancer screening.
   i.  Of the funds appropriated in this subsection, $421,782 shall be used for the center for congenital and inherited disorders.
   j.  Of the funds appropriated in this subsection, $129,937 shall be used for the prescription drug donation repository program created in chapter 135M.
   4.  COMMUNITY CAPACITY
   For strengthening the health care delivery system at the local level, and for not more than the following full-time equivalent positions:
.................................................. $  4,414,063
............................................... FTEs      14.00
   a.  Of the funds appropriated in this subsection, $100,000 is allocated for a child vision screening program implemented through the university of Iowa hospitals and clinics in collaboration with early childhood Iowa areas.
   b.  Of the funds appropriated in this subsection, $111,308 is allocated for continuation of an initiative implemented at the university of Iowa and $100,493 is allocated for continuation of an initiative at the state mental health institute at Cherokee to expand and improve the workforce engaged in mental health treatment and services. The initiatives shall receive input from the university of Iowa, the department of human services, the department of public health, and the mental health, mental retardation, developmental disabilities, and brain injury commission to address the focus of the initiatives.
   c.  Of the funds appropriated in this subsection, $1,171,491 shall be used for essential public health services that promote healthy aging throughout the lifespan, contracted through a formula for local boards of health, to enhance health promotion and disease prevention services.
   d.  Of the funds appropriated in this section, $121,817 shall be deposited in the governmental public health system fund created in section 135A.8 to be used for the purposes of the fund.
   e.  Of the funds appropriated in this subsection, $106,279 shall be used for the mental health professional shortage area program implemented pursuant to section 135.80.
   f.  Of the funds appropriated in this subsection, $38,263 shall be used for a grant to a statewide association of psychologists that is affiliated with the American psychological association to be used for continuation of a program to rotate intern psychologists in placements in urban and rural mental health professional shortage areas, as defined in section 135.80.
   g.  Of the funds appropriated in this subsection, the following amounts shall be allocated to the Iowa collaborative safety net provider network established pursuant to section 135.153 to be used for the purposes designated. The following amounts allocated under this lettered paragraph shall be distributed to the specified provider and shall not be reduced for administrative or other costs prior to distribution:
   (1)  For distribution to the Iowa primary care association for statewide coordination of the Iowa collaborative safety net provider network:
.................................................. $    116,597
   (2)  For distribution to the local boards of health that provide direct services for pilot programs in three counties to assist patients in determining an appropriate medical home:
.................................................. $     68,332
   (3)  For distribution to maternal and child health centers for pilot programs in three counties to assist patients in determining an appropriate medical home:
.................................................. $     68,332
   (4)  For distribution to free clinics for necessary infrastructure, statewide coordination, provider recruitment, service delivery, and provision of assistance to patients in determining an appropriate medical home:
.................................................. $    113,754
   (5)  For distribution to rural health clinics for necessary infrastructure, statewide coordination, provider recruitment, service delivery, and provision of assistance to patients in determining an appropriate medical home:
.................................................. $    101,264
   (6)  For continuation of the safety net provider patient access to specialty health care initiative as described in 2007 Iowa Acts, chapter 218, section 109:
.................................................. $    238,420
   (7)  For continuation of the pharmaceutical infrastructure for safety net providers as described in 2007 Iowa Acts, chapter 218, section 108:
.................................................. $    247,590
   The Iowa collaborative safety net provider network may continue to distribute funds allocated pursuant to this lettered paragraph through existing contracts or renewal of existing contracts.

   h.
  (1)  Of the funds appropriated in this subsection, $100,000 shall be used for continued implementation of the recommendations of the direct care worker task force established pursuant to 2005 Iowa Acts, chapter 88, based upon the report submitted to the governor and the general assembly in December 2006. The department may use a portion of the funds allocated in this lettered paragraph for an additional position to assist in the continued implementation.
   (2)  The direct care worker advisory council shall submit a final report no later than March 1, 2012, to the governor and the general assembly, in accordance with 2010 Iowa Acts, chapter 1192, section 2, subsection 4, paragraph “h”, subparagraph (3).
   (3)  The department of public health shall report to the persons designated in the department of human services division of this Act for FY 2011-2012 for submission of reports regarding use of the funds allocated in this lettered paragraph, on or before January 15, 2012.
   i.  Of the funds appropriated in this subsection, $150,000 shall be used for allocation through a request for proposals process to an independent statewide direct care worker association for education, outreach, and mentoring intended to enhance the recruitment and retention of direct care workers in health care and long-term care settings. Funding allocated in this lettered paragraph shall not be used by the recipient association for lobbying activities as described in section 689B.36.
   j.  The department may utilize one of the full-time equivalent positions authorized in this subsection for administration of the activities related to the Iowa collaborative safety net provider network.
   k.  Of the funds appropriated in this subsection, the department may use up to $60,000 for up to one full-time equivalent position to administer the volunteer health care provider program pursuant to section 135.24.

   l.  Of the funds appropriated in this subsection, $50,000 shall be used for a matching dental education loan repayment program to be allocated to a dental nonprofit health service corporation to develop the criteria and implement the loan repayment program.
   m.  Of the funds appropriated in this subsection, $363,987 shall be used as state matching funds for the health information network as established by the department of public health.
   5.  HEALTHY AGING
   To provide public health services that reduce risks and invest in promoting and protecting good health over the course of a lifetime with a priority given to older Iowans and vulnerable populations:
.................................................. $  7,297,142
   a.  Of the funds appropriated in this subsection, $2,009,187 shall be used for local public health nursing services.
   b.  Of the funds appropriated in this subsection, $5,287,955 shall be used for home care aide services.
   6.  ENVIRONMENTAL HAZARDS
   For reducing the public’s exposure to hazards in the environment, primarily chemical hazards, and for not more than the following full-time equivalent positions:
.................................................. $    813,777
............................................... FTEs       4.00
   Of the funds appropriated in this subsection, $544,377 shall be used for childhood lead poisoning provisions.
   7.  INFECTIOUS DISEASES
   For reducing the incidence and prevalence of communicable diseases, and for not more than the following full-time equivalent positions:
.................................................. $  1,345,847
............................................... FTEs       4.00
   8.  PUBLIC PROTECTION
   For protecting the health and safety of the public through establishing standards and enforcing regulations, and for not more than the following full-time equivalent positions:
.................................................. $  2,776,232
............................................... FTEs     125.00
   a.  Of the funds appropriated in this subsection, not more than $471,690 shall be credited to the emergency medical services fund created in section 135.25. Moneys in the emergency medical services fund are appropriated to the department to be used for the purposes of the fund.
   b.  Of the funds appropriated in this subsection, $210,619 shall be used for sexual violence prevention programming through a statewide organization representing programs serving victims of sexual violence through the department’s sexual violence prevention program. The amount allocated in this lettered paragraph shall not be used to supplant funding administered for other sexual violence prevention or victims assistance programs.
   c.  Of the funds appropriated in this subsection, not more than $436,582 shall be used for the state poison control center.
   9.  RESOURCE MANAGEMENT
   For establishing and sustaining the overall ability of the department to deliver services to the public, and for not more than the following full-time equivalent positions:
.................................................. $    819,554
............................................... FTEs       7.00
   The university of Iowa hospitals and clinics under the control of the state board of regents shall not receive indirect costs from the funds appropriated in this section. The university of Iowa hospitals and clinics billings to the department shall be on at least a quarterly basis.

DIVISION XXIV

HEALTH AND HUMAN SERVICES

DEPARTMENT OF VETERANS AFFAIRS —— FY 2011-2012
   Sec. 218.  DEPARTMENT OF VETERANS AFFAIRS.  There is appropriated from the general fund of the state to the department of veterans affairs for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
   For salaries, support, maintenance, and miscellaneous purposes, including the war orphans educational assistance fund created in section 35.8, and for not more than the following full-time equivalent positions:
.................................................. $    998,832
............................................... FTEs      16.34
   2.  IOWA VETERANS HOME
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  8,952,151
   a.  The Iowa veterans home billings involving the department of human services shall be submitted to the department on at least a monthly basis.
   b.  If there is a change in the employer of employees providing services at the Iowa veterans home under a collective bargaining agreement, such employees and the agreement shall be continued by the successor employer as though there had not been a change in employer.
   c.  Within available resources and in conformance with associated state and federal program eligibility requirements, the Iowa veterans home may implement measures to provide financial assistance to or on behalf of veterans or their spouses participating in the community reentry program.
   3.  STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED VETERANS
   For provision of educational assistance pursuant to section 35.9:
.................................................. $     12,416
   Sec. 219.  LIMITATION OF COUNTY COMMISSION OF VETERANS AFFAIRS FUND STANDING APPROPRIATIONS.  Notwithstanding the standing appropriation in the following designated section for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the amounts appropriated from the general fund of the state pursuant to that section for the following designated purposes shall not exceed the following amount:
   For the county commissions of veterans affairs fund under section 35A.16:
.................................................. $    990,000

DIVISION XXV

HEALTH AND HUMAN SERVICES

DEPARTMENT OF HUMAN SERVICES —— FY 2011-2012
   Sec. 220.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.  There is appropriated from the fund created in section 8.41 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, from moneys received under the federal temporary assistance for needy families (TANF) block grant pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, and successor legislation, and from moneys received under the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  To be credited to the family investment program account and used for assistance under the family investment program under chapter 239B:
.................................................. $ 21,500,738
   2.  To be credited to the family investment program account and used for the job opportunities and basic skills (JOBS) program and implementing family investment agreements in accordance with chapter 239B:
.................................................. $ 12,411,528

   3.  To be used for the family development and self-sufficiency grant program in accordance with section 216A.107:
.................................................. $  2,898,980
   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. However, unless such moneys are encumbered or obligated on or before September 30, 2012, the moneys shall revert.
   4.  For field operations:
.................................................. $ 31,296,232
   5.  For general administration:
.................................................. $  3,744,000
   6.  For state child care assistance:
.................................................. $ 16,382,687
   The funds appropriated in this subsection shall be transferred to the child care and development block grant appropriation made by the Eighty-fourth General Assembly, 2011 Session, for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012. Of this amount, $200,000 shall be used for provision of educational opportunities to registered child care home providers in order to improve services and programs offered by this category of providers and to increase the number of providers. The department may contract with institutions of higher education or child care resource and referral centers to provide the educational opportunities. Allowable administrative costs under the contracts shall not exceed 5 percent. The application for a grant shall not exceed two pages in length.
   7.  For mental health and developmental disabilities community services:
.................................................. $  4,894,052
   8.  For child and family services:
.................................................. $ 32,084,430
   9.  For child abuse prevention grants:
.................................................. $    125,000
   10.  For pregnancy prevention grants on the condition that family planning services are funded:
.................................................. $  1,930,067
   Pregnancy prevention grants shall be awarded to pregnancy prevention programs that are based on existing models that have demonstrated positive outcomes. Grants shall comply with the requirements provided in 1997 Iowa Acts, chapter 208, section 14, subsections 1 and 2, including the requirement that grant programs must emphasize sexual abstinence. Priority in the awarding of grants shall be given to programs that serve areas of the state which demonstrate the highest percentage of unplanned pregnancies of females of childbearing age within the geographic area to be served by the grant.
   11.  For technology needs and other resources necessary to meet federal welfare reform reporting, tracking, and case management requirements:
.................................................. $  1,037,186
   12.  To be credited to the state child care assistance appropriation made in this section to be used for funding of community-based early childhood programs targeted to children from birth through five years of age developed by early childhood Iowa areas as provided in section 256I.11:
.................................................. $  6,350,000
   The department shall transfer TANF block grant funding appropriated and allocated in this subsection to the child care and development block grant appropriation in accordance with federal law as necessary to comply with the provisions of this subsection.
   13. a.  Notwithstanding any provision to the contrary, including but not limited to requirements in section 8.41 or provisions in 2010 Iowa Acts regarding the receipt and appropriation of federal block grants, federal funds from the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 § 2101, received by the state during the fiscal year beginning July 1, 2010, and ending June 30, 2011, not otherwise appropriated in this section and remaining available as of July 1, 2011, and received by the state during the fiscal year beginning July 1, 2011, and ending June 30, 2012, are appropriated to the extent as may be necessary to be used in the following priority order:  the family investment program for the fiscal year and for state child care assistance program payments for individuals enrolled in the family investment program who are employed. The federal funds appropriated in this paragraph “a” shall be expended only after all other funds appropriated in subsection 1 for the assistance under the family investment program under chapter 239B have been expended.
   b.  The department shall, on a quarterly basis, advise the legislative services agency and department of management of the amount of funds appropriated in this subsection that was expended in the prior quarter.
   14.  Of the amounts appropriated in this section, $12,962,008 for the fiscal year beginning July 1, 2011, shall be transferred to the appropriation of the federal social services block grant made for that fiscal year.
   15.  For continuation of the program allowing the department to maintain categorical eligibility for the food assistance program as required under the section of this division of this Act relating to the family investment account:
.................................................. $    146,072
   16.  The department may transfer funds allocated in this section to the appropriations made in this division of this Act for general administration and field operations for resources necessary to implement and operate the services referred to in this section and those funded in the appropriation made in this division of this Act for the family investment program from the general fund of the state.
   Sec. 221.  FAMILY INVESTMENT PROGRAM ACCOUNT.
   1.  Moneys credited to the family investment program (FIP) account for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall be used to provide assistance in accordance with chapter 239B.
   2.  The department may use a portion of the moneys credited to the FIP account under this section as necessary for salaries, support, maintenance, and miscellaneous purposes.
   3.  The department may transfer funds allocated in this section to the appropriations in this division of this Act for general administration and field operations for resources necessary to implement and operate the services referred to in this section and those funded in the appropriation made in this division of this Act for the family investment program from the general fund of the state.
   4.  Moneys appropriated in this division of this Act and credited to the FIP account for the fiscal year beginning July 1, 2011, and ending June 30, 2012, are allocated as follows:
   a.  To be retained by the department of human services to be used for coordinating with the department of human rights to more effectively serve participants in the FIP program and other shared clients and to meet federal reporting requirements under the federal temporary assistance for needy families block grant:
.................................................. $     20,000
   b.  To the department of human rights for staffing, administration, and implementation of the family development and self-sufficiency grant program in accordance with section 216A.107:
.................................................. $  5,342,834
   (1)  Of the funds allocated for the family development and self-sufficiency grant program in this lettered paragraph, not more than 5 percent of the funds shall be used for the administration of the grant program.
   (2)  The department of human rights may continue to implement the family development and self-sufficiency grant program statewide during fiscal year 2011-2012.
   c.  For the diversion subaccount of the FIP account:
.................................................. $  1,698,400
   A portion of the moneys allocated for the subaccount may be used for field operations salaries, data management system development, and implementation costs and support deemed necessary by the director of human services in order to administer the FIP diversion program.
   d.  For the food stamp employment and training program:
.................................................. $     66,588
   (1)  The department shall amend the food stamp employment and training state plan in order to maximize to the fullest extent permitted by federal law the use of the 50-50 match provisions for the claiming of allowable federal matching funds from the United States department of agriculture pursuant to the federal food stamp employment and training program for providing education, employment, and training services for eligible food assistance program participants, including but not limited to related dependent care and transportation expenses.
   (2)  The department shall continue the categorical federal food assistance program eligibility at 160 percent of the federal poverty level and continue to eliminate the asset test from eligibility requirements, consistent with federal food assistance program requirements. The department shall include as many food assistance households as is allowed by federal law. The eligibility provisions shall conform to all federal requirements including requirements addressing individuals who are incarcerated or otherwise ineligible.
   e.  For the JOBS program:
.................................................. $ 20,235,905
   5.  Of the child support collections assigned under FIP, an amount equal to the federal share of support collections shall be credited to the child support recovery appropriation made in this division of this Act. Of the remainder of the assigned child support collections received by the child support recovery unit, a portion shall be credited to the FIP account, a portion may be used to increase recoveries, and a portion may be used to sustain cash flow in the child support payments account. If as a consequence of the appropriations and allocations made in this section the resulting amounts are insufficient to sustain cash assistance payments and meet federal maintenance of effort requirements, the department shall seek supplemental funding. If child support collections assigned under FIP are greater than estimated or are otherwise determined not to be required for maintenance of effort, the state share of either amount may be transferred to or retained in the child support payment account.
   6.  The department may adopt emergency rules for the family investment, JOBS, food stamp, and medical assistance programs if necessary to comply with federal requirements.
   Sec. 222.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   To be credited to the family investment program (FIP) account and used for family investment program assistance under chapter 239B:
.................................................. $ 50,171,027
   1.  Of the funds appropriated in this section, $7,824,377 is allocated for the JOBS program.
   2.  Of the funds appropriated in this section, $2,463,854 is allocated for the family development and self-sufficiency grant program.
   3.  Notwithstanding section 8.39, for the fiscal year beginning July 1, 2011, if necessary to meet federal maintenance of effort requirements or to transfer federal temporary assistance for needy families block grant funding to be used for purposes of the federal social services block grant or to meet cash flow needs resulting from delays in receiving federal funding or to implement, in accordance with this division of this Act, activities currently funded with juvenile court services, county, or community moneys and state moneys used in combination with such moneys, the department of human services may transfer funds within or between any of the appropriations made in this division of this Act and appropriations in law for the federal social services block grant to the department for the following purposes, provided that the combined amount of state and federal temporary assistance for needy families block grant funding for each appropriation remains the same before and after the transfer:
   a.  For the family investment program.
   b.  For child care assistance.
   c.  For child and family services.
   d.  For field operations.
   e.  For general administration.
   f.  MH/MR/DD/BI community services (local purchase).
   This subsection shall not be construed to prohibit the use of existing state transfer authority for other purposes. The department shall report any transfers made pursuant to this subsection to the legislative services agency.
   4.  Of the funds appropriated in this section, $195,678 shall be used for continuation of a grant to an Iowa-based nonprofit organization with a history of providing tax preparation assistance to low-income Iowans in order to expand the usage of the earned income tax credit. The purpose of the grant is to supply this assistance to underserved areas of the state.
   Sec. 223.  CHILD SUPPORT RECOVERY.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For child support recovery, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 13,044,451
............................................... FTEs     475.00
   1.  The department shall expend up to $24,329, including federal financial participation, for the fiscal year beginning July 1, 2011, for a child support public awareness campaign. The department and the office of the attorney general shall cooperate in continuation of the campaign. The public awareness campaign shall emphasize, through a variety of media activities, the importance of maximum involvement of both parents in the lives of their children as well as the importance of payment of child support obligations.
   2.  Federal access and visitation grant moneys shall be issued directly to private not-for-profit agencies that provide services designed to increase compliance with the child access provisions of court orders, including but not limited to neutral visitation sites and mediation services.
   3.  The appropriation made to the department for child support recovery may be used throughout the fiscal year in the manner necessary for purposes of cash flow management, and for cash flow management purposes the department may temporarily draw more than the amount appropriated, provided the amount appropriated is not exceeded at the close of the fiscal year.
   4.  With the exception of the funding amount specified, the requirements established under 2001 Iowa Acts, chapter 191, section 3, subsection 5, paragraph “c”, subparagraph (3), shall be applicable to parental obligation pilot projects for the fiscal year beginning July 1, 2011, and ending June 30, 2012. Notwithstanding 441 IAC 100.8, providing for termination of rules relating to the pilot projects, the rules shall remain in effect until June 30, 2012.
   Sec. 224.  HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE.  Any funds remaining in the health care trust fund created in section 453A.35A for the fiscal year beginning July 1, 2011, and ending June 30, 2012, are appropriated to the department of human services to supplement the medical assistance program appropriations made in the health and human services divisions of this Act, for medical assistance reimbursement and associated costs, including program administration and costs associated with implementation.
   Sec. 225.  MEDICAL ASSISTANCE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For medical assistance reimbursement and associated costs as specifically provided in the reimbursement methodologies in effect on June 30, 2011, except as otherwise expressly authorized by law, including reimbursement for abortion services which shall be available under the medical assistance program only for those abortions which are medically necessary:
.................................................. $907,087,190
   1.  Medically necessary abortions are those performed under any of the following conditions:
   a.  The attending physician certifies that continuing the pregnancy would endanger the life of the pregnant woman.
   b.  Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
   2.  The department shall utilize not more than $60,000 of the funds appropriated in this section to continue the AIDS/HIV health insurance premium payment program as established in 1992 Iowa Acts, Second Extraordinary Session, chapter 1001, section 409, subsection 6. Of the funds allocated in this subsection, not more than $5,000 may be expended for administrative purposes.
   3.  Of the funds appropriated in the department of public health division of this Act for FY 2011-2012 to the department of public health for addictive disorders, $950,000 for the fiscal year beginning July 1, 2011, shall be transferred to the department of human services for an integrated substance abuse managed care system. The department shall not assume management of the substance abuse system in place of the managed care contractor unless such a change in approach is specifically authorized in law. The departments of human services and public health shall work together to maintain the level of mental health and substance abuse services provided by the managed care contractor through the Iowa plan for behavioral health. Each department shall take the steps necessary to continue the federal waivers as necessary to maintain the level of services.
   4.
  a.  The department shall aggressively pursue options for providing medical assistance or other assistance to individuals with special needs who become ineligible to continue receiving services under the early and periodic screening, diagnostic, and treatment program under the medical assistance program due to becoming 21 years of age who have been approved for additional assistance through the department’s exception to policy provisions, but who have health care needs in excess of the funding available through the exception to policy provisions.
   b.  Of the funds appropriated in this section, $100,000 shall be used for participation in one or more pilot projects operated by a private provider to allow the individual or individuals to receive service in the community in accordance with principles established in Olmstead v. L.C., 527 U.S. 581 (1999), for the purpose of providing medical assistance or other assistance to individuals with special needs who become ineligible to continue receiving services under the early and periodic screening, diagnosis, and treatment program under the medical assistance program due to becoming 21 years of age who have been approved for additional assistance through the department’s exception to policy provisions, but who have health care needs in excess of the funding available through the exception to the policy provisions.
   5.  Of the funds appropriated in this section, up to $3,050,082 may be transferred to the field operations or general administration appropriations in this division of this Act for operational costs associated with Part D of the federal Medicare Prescription Drug Improvement and Modernization Act of 2003, Pub. L. No. 108-173.
   6.  Of the funds appropriated in this section, up to $442,100 may be transferred to the appropriation in this division of this Act for medical contracts to be used for clinical assessment services and prior authorization of services.
   7.  A portion of the funds appropriated in this section may be transferred to the appropriations in this division of this Act for general administration, medical contracts, the children’s health insurance program, or field operations to be used for the state match cost to comply with the payment error rate measurement (PERM) program for both the medical assistance and children’s health insurance programs as developed by the centers for Medicare and Medicaid services of the United States department of health and human services to comply with the federal Improper Payments Information Act of 2002, Pub. L. No. 107-300.
   8.  It is the intent of the general assembly that the department continue to implement the recommendations of the assuring better child health and development initiative II (ABCDII) clinical panel to the Iowa early and periodic screening, diagnostic, and treatment services healthy mental development collaborative board regarding changes to billing procedures, codes, and eligible service providers.
   9.  Of the funds appropriated in this section, a sufficient amount is allocated to supplement the incomes of residents of nursing facilities, intermediate care facilities for persons with mental illness, and intermediate care facilities for persons with mental retardation, with incomes of less than $50 in the amount necessary for the residents to receive a personal needs allowance of $50 per month pursuant to section 249A.30A.
   10.  Of the funds appropriated in this section, the following amounts shall be transferred to the appropriations made in this division of this Act for the state mental health institutes:
   a.  Cherokee mental health institute .......... $ 9,098,425
   b.  Clarinda mental health institute .......... $ 1,977,305
   c.  Independence mental health institute ...... $ 9,045,894
   d.  Mount Pleasant mental health institute .... $ 5,752,587
   11.
  a.  Of the funds appropriated in this section, $7,425,684 is allocated for the state match for a disproportionate share hospital payment of $19,133,430 to hospitals that meet both of the conditions specified in subparagraphs (1) and (2). In addition, the hospitals that meet the conditions specified shall either certify public expenditures or transfer to the medical assistance program an amount equal to provide the nonfederal share for a disproportionate share hospital payment of $7,500,000. The hospitals that meet the conditions specified shall receive and retain 100 percent of the total disproportionate share hospital payment of $26,633,430.
   (1)  The hospital qualifies for disproportionate share and graduate medical education payments.
   (2)  The hospital is an Iowa state-owned hospital with more than 500 beds and eight or more distinct residency specialty or subspecialty programs recognized by the American college of graduate medical education.
   b.  Distribution of the disproportionate share payments shall be made on a monthly basis. The total amount of disproportionate share payments including graduate medical education, enhanced disproportionate share, and Iowa state-owned teaching hospital payments shall not exceed the amount of the state’s allotment under Pub. L. No. 102-234. In addition, the total amount of all disproportionate share payments shall not exceed the hospital-specific disproportionate share limits under Pub. L. No. 103-66.
   12.  The university of Iowa hospitals and clinics shall either certify public expenditures or transfer to the medical assistance appropriation an amount equal to provide the nonfederal share for increased medical assistance payments for inpatient and outpatient hospital services of $9,900,000. The university of Iowa hospitals and clinics shall receive and retain 100 percent of the total increase in medical assistance payments.
   13.  Of the funds appropriated in this section, up to $4,480,304 may be transferred to the IowaCare account created in section 249J.24.
   14.  Of the funds appropriated in this section, $200,000 shall be used for the Iowa chronic care consortium pursuant to 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 Iowa Acts, chapter 179, sections 166 and 167.
   15.  One hundred percent of the nonfederal share of payments to area education agencies that are medical assistance providers for medical assistance-covered services provided to medical assistance-covered children, shall be made from the appropriation made in this section.
   16.  Any new or renewed contract entered into by the department with a third party to administer behavioral health services under the medical assistance program shall provide that any interest earned on payments from the state during the state fiscal year shall be remitted to the department and treated as recoveries to offset the costs of the medical assistance program.

   17.  The department shall continue to implement the provisions in 2007 Iowa Acts, chapter 218, section 124 and section 126, as amended by 2008 Iowa Acts, chapter 1188, section 55, relating to eligibility for certain persons with disabilities under the medical assistance program in accordance with the federal family opportunity Act.

   18.  A portion of the funds appropriated in this section may be transferred to the appropriation in this division of this Act for medical contracts to be used for administrative activities associated with the money follows the person demonstration project.
   19.  Of the funds appropriated in this section, $349,011 shall be used for the administration of the health insurance premium payment program, including salaries, support, maintenance, and miscellaneous purposes for the fiscal year beginning July 1, 2011.
   20.
  a.  The department may implement cost containment strategies recommended by the governor, and may adopt emergency rules for such implementation.
   b.  The department may increase the amounts allocated for salaries, support, maintenance, and miscellaneous purposes associated with the medical assistance program, as necessary, to implement the cost containment strategies. The department shall report any such increase to the legislative services agency and the department of management.
   c.  If the savings to the medical assistance program exceed the cost, the department may transfer any savings generated for the fiscal year due to medical assistance program cost containment efforts initiated pursuant to 2010 Iowa Acts, chapter 1031, Executive Order No. 20, issued December 16, 2009, or cost containment strategies initiated pursuant to this subsection, to the appropriation made in this division of this Act for medical contracts or general administration to defray the increased contract costs associated with implementing such efforts.
   d.  The department shall report the implementation of any cost containment strategies under this subsection to the individuals specified in this division of this Act for submission of reports on a quarterly basis.
   21.  Notwithstanding any provision of law to the contrary, the department of human services shall amend the section 1915(b) waiver and Iowa plan contract to include remedial services under the Iowa plan contract effective July 1, 2011.
   22.
  a.  The department may submit medical assistance program state plan amendments to the centers for Medicare and Medicaid services of the United States department of health and human services, and may adopt administrative rules pursuant to chapter 17A to implement any of the following if the respective state plan amendment is approved:
   (1)  Health homes pursuant to section 2703 of the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148. The department shall collaborate with the medical home system advisory council created pursuant to section 135.159 in developing such health homes.
   (2)  Accountable care organization pilot programs, if such programs are advantageous to the medical assistance program.
   b.  Any health home or accountable care organization pilot program implemented pursuant to this subsection shall demonstrate value to the state with a positive return on investment within two years of implementation, and may utilize care coordination fees, pay-for-performance fees, or shared saving strategies if approved as part of the state plan amendment.
   Sec. 226.  MEDICAL CONTRACTS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For medical contracts:
.................................................. $  5,823,844
   1.  The department of inspections and appeals shall provide all state matching funds for survey and certification activities performed by the department of inspections and appeals. The department of human services is solely responsible for distributing the federal matching funds for such activities.

   2.  The department shall amend the state Medicaid health information technology plan to include costs related to the one-time development costs of the health information network established by the department of public health.
   3.  Of the amount appropriated in this section, up to $200,000 may be transferred to the appropriation for general administration in this division of this Act to be used for additional full-time equivalent positions in the development of key health initiatives such as cost containment, development and oversight of managed care programs, and development of health strategies targeted toward improved quality and reduced costs in the Medicaid program.
   4.  Of the funds appropriated in this section, $50,000 shall be used for home and community-based services waiver quality assurance programs, including the review and streamlining of processes and policies related to oversight and quality management to meet state and federal requirements. The department shall submit a report to the persons designated in this division of this Act for submission of reports by December 15, 2011, regarding the modifications to the quality assurance programs.
   Sec. 227.  STATE SUPPLEMENTARY ASSISTANCE.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the state supplementary assistance program:
.................................................. $ 16,850,747
   2.  The department shall increase the personal needs allowance for residents of residential care facilities by the same percentage and at the same time as federal supplemental security income and federal social security benefits are increased due to a recognized increase in the cost of living. The department may adopt emergency rules to implement this subsection.
   3.  If during the fiscal year beginning July 1, 2011, the department projects that state supplementary assistance expenditures for a calendar year will not meet the federal pass-through requirement specified in Tit. XVI of the federal Social Security Act, section 1618, as codified in 42 U.S.C. § 1382g, the department may take actions including but not limited to increasing the personal needs allowance for residential care facility residents and making programmatic adjustments or upward adjustments of the residential care facility or in-home health-related care reimbursement rates prescribed in this division of this Act to ensure that federal requirements are met. In addition, the department may make other programmatic and rate adjustments necessary to remain within the amount appropriated in this section while ensuring compliance with federal requirements. The department may adopt emergency rules to implement the provisions of this subsection.
   Sec. 228.  CHILDREN’S HEALTH INSURANCE PROGRAM.
   There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For maintenance of the healthy and well kids in Iowa (hawk-i) program pursuant to chapter 514I, including supplemental dental services, for receipt of federal financial participation under Tit. XXI of the federal Social Security Act, which creates the children’s health insurance program:
.................................................. $ 32,677,152
   Sec. 229.  CHILD CARE ASSISTANCE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For child care programs:
.................................................. $ 55,237,662
   1.  Of the funds appropriated in this section, $51,868,235 shall be used for state child care assistance in accordance with section 237A.13.
   2.  Nothing in this section shall be construed or is intended as or shall imply a grant of entitlement for services to persons who are eligible for assistance due to an income level consistent with the waiting list requirements of section 237A.13. Any state obligation to provide services pursuant to this section is limited to the extent of the funds appropriated in this section.
   3.  Of the funds appropriated in this section, $432,453 is allocated for the statewide program for child care resource and referral services under section 237A.26. A list of the registered and licensed child care facilities operating in the area served by a child care resource and referral service shall be made available to the families receiving state child care assistance in that area.
   4.  Of the funds appropriated in this section, $936,974 is allocated for child care quality improvement initiatives including but not limited to the voluntary quality rating system in accordance with section 237.30.
   5.  The department may use any of the funds appropriated in this section as a match to obtain federal funds for use in expanding child care assistance and related programs. For the purpose of expenditures of state and federal child care funding, funds shall be considered obligated at the time expenditures are projected or are allocated to the department’s service areas. Projections shall be based on current and projected caseload growth, current and projected provider rates, staffing requirements for eligibility determination and management of program requirements including data systems management, staffing requirements for administration of the program, contractual and grant obligations and any transfers to other state agencies, and obligations for decategorization or innovation projects.
   6.  A portion of the state match for the federal child care and development block grant shall be provided as necessary to meet federal matching funds requirements through the state general fund appropriation made for child development grants and other programs for at-risk children in section 279.51.
   7.  If a uniform reduction ordered by the governor under section 8.31 or other operation of law, transfer, or federal funding reduction reduces the appropriation made in this section for the fiscal year, the percentage reduction in the amount paid out to or on behalf of the families participating in the state child care assistance program shall be equal to or less than the percentage reduction made for any other purpose payable from the appropriation made in this section and the federal funding relating to it. The percentage reduction to the other allocations made in this section shall be the same as the uniform reduction ordered by the governor or the percentage change of the federal funding reduction, as applicable. If there is an unanticipated increase in federal funding provided for state child care assistance, the entire amount of the increase shall be used for state child care assistance payments. If the appropriations made for purposes of the state child care assistance program for the fiscal year are determined to be insufficient, it is the intent of the general assembly to appropriate sufficient funding for the fiscal year in order to avoid establishment of waiting list requirements.
   8.  Notwithstanding section 8.33, moneys appropriated in this section or received from the federal appropriations made for the purposes of this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 230.  JUVENILE INSTITUTIONS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For operation of the Iowa juvenile home at Toledo and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,258,251
............................................... FTEs     114.00
   2.  For operation of the state training school at Eldora and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 10,638,677
............................................... FTEs     164.30
   Of the funds appropriated in this subsection, $91,150 shall be used for distribution to licensed classroom teachers at this and other institutions under the control of the department of human services based upon the average student yearly enrollment at each institution as determined by the department.
   3.  A portion of the moneys appropriated in this section shall be used by the state training school and by the Iowa juvenile home for grants for adolescent pregnancy prevention activities at the institutions in the fiscal year beginning July 1, 2011.
   Sec. 231.  CHILD AND FAMILY SERVICES.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For child and family services:
.................................................. $ 82,330,967
   2.  In order to address a reduction of $5,200,000 from the amount allocated under the appropriation made for the purposes of this section in prior years for purposes of juvenile delinquent graduated sanction services, up to $5,200,000 of the amount of federal temporary assistance for needy families block grant funding appropriated in this division of this Act for child and family services shall be made available for purposes of juvenile delinquent graduated sanction services.
   3.  The department may transfer funds appropriated in this section as necessary to pay the nonfederal costs of services reimbursed under the medical assistance program, state child care assistance program, or the family investment program which are provided to children who would otherwise receive services paid under the appropriation in this section. The department may transfer funds appropriated in this section to the appropriations made in this division of this Act for general administration and for field operations for resources necessary to implement and operate the services funded in this section.
   4.
  a.  Of the funds appropriated in this section, up to $30,169,129 is allocated as the statewide expenditure target under section 232.143 for group foster care maintenance and services. If the department projects that such expenditures for the fiscal year will be less than the target amount allocated in this lettered paragraph, the department may reallocate the excess to provide additional funding for shelter care or the child welfare emergency services addressed with the allocation for shelter care.
   b.  If at any time after September 30, 2011, annualization of a service area’s current expenditures indicates a service area is at risk of exceeding its group foster care expenditure target under section 232.143 by more than 5 percent, the department and juvenile court services shall examine all group foster care placements in that service area in order to identify those which might be appropriate for termination. In addition, any aftercare services believed to be needed for the children whose placements may be terminated shall be identified. The department and juvenile court services shall initiate action to set dispositional review hearings for the placements identified. In such a dispositional review hearing, the juvenile court shall determine whether needed aftercare services are available and whether termination of the placement is in the best interest of the child and the community.
   5.  In accordance with the provisions of section 232.188, the department shall continue the child welfare and juvenile justice funding initiative during fiscal year 2011-2012. Of the funds appropriated in this section, $1,717,753 is allocated specifically for expenditure for fiscal year 2011-2012 through the decategorization service funding pools and governance boards established pursuant to section 232.188. However, if this subsection is enacted on or after June 15, 2011, the determination shall be made not later than 10 calendar days after the effective date.
   6.  A portion of the funds appropriated in this section may be used for emergency family assistance to provide other resources required for a family participating in a family preservation or reunification project or successor project to stay together or to be reunified.
   7.  Notwithstanding section 234.35 or any other provision of law to the contrary, state funding for shelter care and the child welfare emergency services contracting implemented to provide for or prevent the need for shelter care shall be limited to $7,170,116. The department may execute contracts that result from the department’s request for proposal, bid number ACFS-11-114, to provide the range of child welfare emergency services described in the request for proposals, and any subsequent amendments to the request for proposals.
   8.  Federal funds received by the state during the fiscal year beginning July 1, 2011, as the result of the expenditure of state funds appropriated during a previous state fiscal year for a service or activity funded under this section are appropriated to the department to be used as additional funding for services and purposes provided for under this section. Notwithstanding section 8.33, moneys received in accordance with this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for the purposes designated until the close of the succeeding fiscal year.
   9.  Of the funds appropriated in this section, at least $3,696,285 shall be used for protective child care assistance.
   10.
  a.  Of the funds appropriated in this section, up to $2,062,488 is allocated for the payment of the expenses of court-ordered services provided to juveniles who are under the supervision of juvenile court services, which expenses are a charge upon the state pursuant to section 232.141, subsection 4. Of the amount allocated in this lettered paragraph, up to $1,556,287 shall be made available to provide school-based supervision of children adjudicated under chapter 232, of which not more than $15,000 may be used for the purpose of training. A portion of the cost of each school-based liaison officer shall be paid by the school district or other funding source as approved by the chief juvenile court officer.
   b.  Of the funds appropriated in this section, up to $748,985 is allocated for the payment of the expenses of court-ordered services provided to children who are under the supervision of the department, which expenses are a charge upon the state pursuant to section 232.141, subsection 4.
   c.  Notwithstanding section 232.141 or any other provision of law to the contrary, the amounts allocated in this subsection shall be distributed to the judicial districts as determined by the state court administrator and to the department’s service areas as determined by the administrator of the department’s division of child and family services. The state court administrator and the division administrator shall make the determination of the distribution amounts on or before June 15, 2011. However, if this subsection is enacted on or after June 15, 2011, the determination shall be made not later than 10 calendar days after the effective date of this subsection.

   d.  Notwithstanding chapter 232 or any other provision of law to the contrary, a district or juvenile court shall not order any service which is a charge upon the state pursuant to section 232.141 if there are insufficient court-ordered services funds available in the district court or departmental service area distribution amounts to pay for the service. The chief juvenile court officer and the departmental service area manager shall encourage use of the funds allocated in this subsection such that there are sufficient funds to pay for all court-related services during the entire year. The chief juvenile court officers and departmental service area managers shall attempt to anticipate potential surpluses and shortfalls in the distribution amounts and shall cooperatively request the state court administrator or division administrator to transfer funds between the judicial districts’ or departmental service areas’ distribution amounts as prudent.
   e.  Notwithstanding any provision of law to the contrary, a district or juvenile court shall not order a county to pay for any service provided to a juvenile pursuant to an order entered under chapter 232 which is a charge upon the state under section 232.141, subsection 4.
   f.  Of the funds allocated in this subsection, not more than $83,000 may be used by the judicial branch for administration of the requirements under this subsection.
   g.  Of the funds allocated in this subsection, $17,000 shall be used by the department of human services to support the interstate commission for juveniles in accordance with the interstate compact for juveniles as provided in section 232.173.
   11.  Of the funds appropriated in this section, $5,422,602 is allocated for juvenile delinquent graduated sanctions services. Any state funds saved as a result of efforts by juvenile court services to earn federal Tit. IV-E match for juvenile court services administration may be used for the juvenile delinquent graduated sanctions services.

   12.  Of the funds appropriated in this section, $988,285 shall be transferred to the department of public health to be used for the child protection center grant program in accordance with section 135.118.
   13.  If the department receives federal approval to implement a waiver under Tit. IV-E of the federal Social Security Act to enable providers to serve children who remain in the children’s families and communities, for purposes of eligibility under the medical assistance program, children who participate in the waiver shall be considered to be placed in foster care.
   14.  Of the funds appropriated in this section, $3,069,832 is allocated for the preparation for adult living program pursuant to section 234.46.
   15.  Of the funds appropriated in this section, $520,150 shall be used for juvenile drug courts. The amount allocated in this subsection shall be distributed as follows:
   To the judicial branch for salaries to assist with the operation of juvenile drug court programs operated in the following jurisdictions:
   a.  Marshall county:
.................................................. $     62,708
   b.  Woodbury county:
.................................................. $    125,682
   c.  Polk county:
.................................................. $    195,892
   d.  The third judicial district:
.................................................. $     67,934
   e.  The eighth judicial district:
.................................................. $     67,934
   16.  Of the funds appropriated in this section, $227,337 shall be used for the public purpose of providing a grant to a nonprofit human services organization providing services to individuals and families in multiple locations in southwest Iowa and Nebraska for support of a project providing immediate, sensitive support and forensic interviews, medical exams, needs assessments, and referrals for victims of child abuse and their nonoffending family members.
   17.  Of the funds appropriated in this section, $125,590 is allocated for the elevate approach of providing a support network to children placed in foster care.
   18.  Of the funds appropriated in this section, $202,000 is allocated for use pursuant to section 235A.1 for continuation of the initiative to address child sexual abuse implemented pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 21.
   19.  Of the funds appropriated in this section, $630,240 is allocated for the community partnership for child protection sites.
   20.  Of the funds appropriated in this section, $371,250 is allocated for the department’s minority youth and family projects under the redesign of the child welfare system.
   21.  Of the funds appropriated in this section, $1,200,495 is allocated for funding of the state match for the federal substance abuse and mental health services administration (SAMHSA) system of care grant.
   22.  Of the funds appropriated in this section, at least $147,158 shall be used for the child welfare training academy.
   23.  Of the funds appropriated in this section, $25,000 shall be used for the public purpose of providing a grant to a child welfare services provider headquartered in a county with a population between 205,000 and 215,000 in the latest certified federal census that provides multiple services including but not limited to a psychiatric medical institution for children, shelter, residential treatment, after school programs, school-based programming, and an Asperger’s syndrome program, to be used for support services for children with autism spectrum disorder and their families.
   24.  Of the funds appropriated in this section, $250,804 shall be used for the public purpose of continuing the central Iowa system of care program grant through June 30, 2012.
   25.  Of the funds appropriated in this section, $160,000 shall be used for the public purpose of providing a system of care grant to be implemented in Mason City and Cedar Rapids by a nonprofit agency which has been in existence more than 37 years and is headquartered in a county with a population of more than 200,000 but less than 300,000, according to the 2010 census issued by the United States bureau of the census, and is providing child welfare treatment and prevention services in at least 19 locations throughout the state of Iowa.
   Sec. 232.  ADOPTION SUBSIDY.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For adoption subsidy payments and services:
.................................................. $ 34,897,591
   2.  The department may transfer funds appropriated in this section to the appropriation made in this division of this Act for general administration for costs paid from the appropriation relating to adoption subsidy.
   3.  Federal funds received by the state during the fiscal year beginning July 1, 2011, as the result of the expenditure of state funds during a previous state fiscal year for a service or activity funded under this section are appropriated to the department to be used as additional funding for the services and activities funded under this section. Notwithstanding section 8.33, moneys received in accordance with this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 233.  JUVENILE DETENTION HOME FUND.
   1.  Moneys deposited in the juvenile detention home fund created in section 232.142 during the fiscal year beginning July 1, 2011, and ending June 30, 2012, are appropriated to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for distribution of an amount equal to a percentage of the costs of the establishment, improvement, operation, and maintenance of county or multicounty juvenile detention homes in the fiscal year beginning July 1, 2010. Moneys appropriated for distribution in accordance with this section shall be allocated among eligible detention homes, prorated on the basis of an eligible detention home’s proportion of the costs of all eligible detention homes in the fiscal year beginning July 1, 2010. The percentage figure shall be determined by the department based on the amount available for distribution for the fund. Notwithstanding section 232.142, subsection 3, the financial aid payable by the state under that provision for the fiscal year beginning July 1, 2011, shall be limited to the amount appropriated for the purposes of this section.
   2.  Representatives of chief juvenile court officers, the department of human rights, and the department of human services shall work with juvenile detention centers and other stakeholders to review the current methodology for distribution of moneys from the juvenile detention home fund, consider alternative distribution methodologies, and report findings and recommendations to the persons designated by this division of this Act for the submission of reports by December 15, 2011. It is the intent of the general assembly to shift responsibility for administering the fund from the department of human services to the division of criminal and juvenile justice planning of the department of human rights, effective with the fiscal year beginning July 1, 2012.
   Sec. 234.  FAMILY SUPPORT SUBSIDY PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the family support subsidy program subject to the enrollment restrictions in section 225C.37, subsection 3:
.................................................. $  1,167,998
   2.  The department shall use at least $385,500 of the moneys appropriated in this section for the family support center component of the comprehensive family support program under section 225C.47. Not more than $25,000 of the amount allocated in this subsection shall be used for administrative costs.
   3.  If at any time during the fiscal year, the amount of funding available for the family support subsidy program is reduced from the amount initially used to establish the figure for the number of family members for whom a subsidy is to be provided at any one time during the fiscal year, notwithstanding section 225C.38, subsection 2, the department shall revise the figure as necessary to conform to the amount of funding available.
   Sec. 235.  CONNER DECREE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For building community capacity through the coordination and provision of training opportunities in accordance with the consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. Iowa, July 14, 1994):
.................................................. $     33,622
   Sec. 236.  MENTAL HEALTH INSTITUTES.
     There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the state mental health institute at Cherokee for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  5,877,308
............................................... FTEs     168.50
   2.  For the state mental health institute at Clarinda for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,411,734
............................................... FTEs      86.10
   3.  For the state mental health institute at Independence for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 10,275,685
............................................... FTEs     233.00
   4.  For the state mental health institute at Mount Pleasant for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    944,323
............................................... FTEs      91.72
   Sec. 237.  STATE RESOURCE CENTERS.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the state resource center at Glenwood for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 18,607,801
   b.  For the state resource center at Woodward for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 12,885,658
   2.  The department may continue to bill for state resource center services utilizing a scope of services approach used for private providers of ICFMR services, in a manner which does not shift costs between the medical assistance program, counties, or other sources of funding for the state resource centers.
   3.  The state resource centers may expand the time-limited assessment and respite services during the fiscal year.
   4.  If the department’s administration and the department of management concur with a finding by a state resource center’s superintendent that projected revenues can reasonably be expected to pay the salary and support costs for a new employee position, or that such costs for adding a particular number of new positions for the fiscal year would be less than the overtime costs if new positions would not be added, the superintendent may add the new position or positions. If the vacant positions available to a resource center do not include the position classification desired to be filled, the state resource center’s superintendent may reclassify any vacant position as necessary to fill the desired position. The superintendents of the state resource centers may, by mutual agreement, pool vacant positions and position classifications during the course of the fiscal year in order to assist one another in filling necessary positions.
   5.  If existing capacity limitations are reached in operating units, a waiting list is in effect for a service or a special need for which a payment source or other funding is available for the service or to address the special need, and facilities for the service or to address the special need can be provided within the available payment source or other funding, the superintendent of a state resource center may authorize opening not more than two units or other facilities and begin implementing the service or addressing the special need during fiscal year 2011-2012.
   Sec. 238.  MI/MR/DD STATE CASES.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution to counties for state case services for persons with mental illness, mental retardation, and developmental disabilities in accordance with section 331.440:
.................................................. $ 12,169,482
   2.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, $200,000 is allocated for state case services from the amounts appropriated from the fund created in section 8.41 to the department of human services from the funds received from the federal government under 42 U.S.C. ch. 6A, subch. XVII, relating to the community mental health center block grant, for the federal fiscal years beginning October 1, 2009, and ending September 30, 2010, beginning October 1, 2010, and ending September 30, 2011, and beginning October 1, 2011, and ending September 30, 2012. The allocation made in this subsection shall be made prior to any other distribution allocation of the appropriated federal funds.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 239.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES —— COMMUNITY SERVICES FUND.  There is appropriated from the general fund of the state to the mental health and developmental disabilities community services fund created in section 225C.7 for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For mental health and developmental disabilities community services in accordance with this division of this Act:
.................................................. $ 14,211,100
   1.  Of the funds appropriated in this section, $14,187,556 shall be allocated to counties for funding of community-based mental health and developmental disabilities services. The moneys shall be allocated to a county as follows:
   a.  Fifty percent based upon the county’s proportion of the state’s population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget.
   b.  Fifty percent based upon the county’s proportion of the state’s general population.
   2.
  a.  A county shall utilize the funding the county receives pursuant to subsection 1 for services provided to persons with a disability, as defined in section 225C.2. However, no more than 50 percent of the funding shall be used for services provided to any one of the service populations.
   b.  A county shall use at least 50 percent of the funding the county receives under subsection 1 for contemporary services provided to persons with a disability, as described in rules adopted by the department.
   3.  Of the funds appropriated in this section, $23,544 shall be used to support the Iowa compass program providing computerized information and referral services for Iowans with disabilities and their families.
   4.
  a.  Funding appropriated for purposes of the federal social services block grant is allocated for distribution to counties for local purchase of services for persons with mental illness or mental retardation or other developmental disability.
   b.  The funds allocated in this subsection shall be expended by counties in accordance with the county’s county management plan approved by the board of supervisors. A county without an approved county management plan shall not receive allocated funds until the county’s management plan is approved.
   c.  The funds provided by this subsection shall be allocated to each county as follows:
   (1)  Fifty percent based upon the county’s proportion of the state’s population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget.
   (2)  Fifty percent based upon the amount provided to the county for local purchase of services in the preceding fiscal year.
   5.  A county is eligible for funds under this section if the county qualifies for a state payment as described in section 331.439.
   6.  The latest certified census issued by the United States bureau of the census shall be applied for the population factors utilized in this section.
   Sec. 240.  SEXUALLY VIOLENT PREDATORS.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For costs associated with the commitment and treatment of sexually violent predators in the unit located at the state mental health institute at Cherokee, including costs of legal services and other associated costs, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  7,550,727
............................................... FTEs      89.50
   2.  Unless specifically prohibited by law, if the amount charged provides for recoupment of at least the entire amount of direct and indirect costs, the department of human services may contract with other states to provide care and treatment of persons placed by the other states at the unit for sexually violent predators at Cherokee. The moneys received under such a contract shall be considered to be repayment receipts and used for the purposes of the appropriation made in this section.
   Sec. 241.  FIELD OPERATIONS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For field operations, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 55,339,921
............................................... FTEs   1,781.00
   Priority in filling full-time equivalent positions shall be given to those positions related to child protection services and eligibility determination for low-income families.
   Sec. 242.  GENERAL ADMINISTRATION.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For general administration, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 15,146,745
............................................... FTEs     290.00
   1.  Of the funds appropriated in this section, $38,543 allocated for the prevention of disabilities policy council established in section 225B.3.
   2.  The department shall report at least monthly to the legislative services agency concerning the department’s operational and program expenditures.
   3.  Of the funds appropriated in this section, $132,300 shall be used to contract with a statewide association representing community providers of mental health, mental retardation and brain injury services programs to provide technical assistance, support, and consultation to providers of habilitation services and home and community-based waiver services for adults with disabilities under the medical assistance program. Notwithstanding section 8.47 or any other provision of law to the contrary, the department may utilize a sole source approach to contract with the association.
   4.  Of the funds appropriated in this section, $176,400 shall be used to contract with an appropriate entity to expand the provision of nationally accredited and recognized internet-based training to include mental health and disability services providers. Notwithstanding section 8.47 or any other provision of law to the contrary, the department may utilize a sole site source approach to enter into such contract.
   5.  Of the funds appropriated in this section, $500,000 shall be used for implementation of child protection system improvements addressed in 2011 Iowa Acts, House File 562, as enacted.
   Sec. 243.  VOLUNTEERS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For development and coordination of volunteer services:
.................................................. $     84,660
   Sec. 244.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN SERVICES.
   1.
  a.  (1)  For the fiscal year beginning July 1, 2011, the total state funding amount for the nursing facility budget shall not exceed $225,502,551.
   (2)  For the fiscal year beginning July 1, 2011, the department shall rebase case-mix nursing facility rates effective July 1, 2011. However, total nursing facility budget expenditures, including both case-mix and noncase-mix shall not exceed the amount specified in subparagraph (1). When calculating case-mix per diem cost and the patient-day-weighted medians used in rate-setting for nursing facilities effective July 1, 2011, the inflation factor applied from the midpoint of the cost report period to the first day of the state fiscal year rate period shall be adjusted to maintain state funding within the amount specified in subparagraph (1).
   (3)  The department, in cooperation with nursing facility representatives, shall review projections for state funding expenditures for reimbursement of nursing facilities on a quarterly basis and the department shall determine if an adjustment to the medical assistance reimbursement rate is necessary in order to provide reimbursement within the state funding amount for the fiscal year. Notwithstanding 2001 Iowa Acts, chapter 192, section 4, subsection 2, paragraph “c”, and subsection 3, paragraph “a”, subparagraph (2), if the state funding expenditures for the nursing facility budget for the fiscal year is projected to exceed the amount specified in subparagraph (1), the department shall adjust the reimbursement for nursing facilities reimbursed under the case-mix reimbursement system to maintain expenditures of the nursing facility budget within the specified amount for the fiscal year. 
   (4)  For the fiscal year beginning July 1, 2011, special population nursing facilities shall be reimbursed in accordance with the methodology in effect on June 30, 2011.
   b.  For the fiscal year beginning July 1, 2011, the department shall reimburse pharmacy dispensing fees using a single rate of $4.34 per prescription or the pharmacy’s usual and customary fee, whichever is lower. However, the department shall adjust the dispensing fee specified in this paragraph to distribute an additional $3,000,000 in reimbursements for pharmacy dispensing fees under this paragraph for the fiscal year.
   c.
  (1)  For the fiscal year beginning July 1, 2011, reimbursement rates for outpatient hospital services shall be rebased effective January 1, 2012.
   (2)  For the fiscal year beginning July 1, 2011, reimbursement rates for inpatient hospital services shall be rebased effective October 1, 2011.

   (3)  The total amount of increased funding available for reimbursement attributable to rebasing under this paragraph for the fiscal year beginning July 1, 2011, shall not exceed $4,500,000.
   (4)  For the fiscal year beginning July 1, 2011, the graduate medical education and disproportionate share hospital fund shall remain at the amount in effect on June 30, 2011, except that the portion of the fund attributable to graduate medical education shall be reduced in an amount that reflects the elimination of graduate medical education payments made to out-of-state hospitals.
   (5)  In order to ensure the efficient use of limited state funds in procuring health care services for low-income Iowans, funds appropriated in this division of this Act for hospital services shall not be used for activities which would be excluded from a determination of reasonable costs under the federal Medicare program pursuant to 42 U.S.C. § 1395X(v)(1)(N).
   d.  For the fiscal year beginning July 1, 2011, reimbursement rates for rural health clinics, hospices, and acute mental hospitals shall be increased in accordance with increases under the federal Medicare program or as supported by their Medicare audited costs.
   e.  For the fiscal year beginning July 1, 2011, independent laboratories and rehabilitation agencies shall be reimbursed using the same methodology in effect on June 30, 2011.
   f.  For the fiscal year beginning July 1, 2011, reimbursement rates for home health agencies shall remain at the rates in effect on June 30, 2011, not to exceed a home health agency’s actual allowable cost.
   g.  For the fiscal year beginning July 1, 2011, federally qualified health centers shall receive cost-based reimbursement for 100 percent of the reasonable costs for the provision of services to recipients of medical assistance.
   h.  For the fiscal year beginning July 1, 2011, the reimbursement rates for dental services shall remain at the rates in effect on June 30, 2011.
   i.  (1) For the fiscal year beginning July 1, 2011, state-owned psychiatric medical institutions for children shall receive cost-based reimbursement for 100 percent of the actual and allowable costs for the provision of services to recipients of medical assistance.
   (2)
  (a)  For the nonstate-owned psychiatric medical institutions for children, reimbursement rates shall remain at the rates in effect on June 30, 2011. However, the department shall adjust the reimbursement rates in effect on June 30, 2011, to distribute an additional $350,000 in reimbursements for nonstate-owned psychiatric medical institutions for children under this subparagraph (2) for the fiscal year.
   (b)  The department, in consultation with representatives of the nonstate-owned psychiatric medical institutions for children, shall develop a reimbursement methodology to include all ancillary medical services costs and any other changes required for federal compliance, to be implemented on July 1, 2012. To the extent possible, the reimbursement methodology shall be developed in a manner so as to be budget neutral to the institutions and cost effective for the state.
   j.  For the fiscal year beginning July 1, 2011, unless otherwise specified in the health and human services divisions of this Act, all noninstitutional medical assistance provider reimbursement rates shall remain at the rates in effect on June 30, 2011, except for area education agencies, local education agencies, infant and toddler services providers, and those providers whose rates are required to be determined pursuant to section 249A.20.
   k.  Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2011, the reimbursement rate for anesthesiologists shall remain at the rate in effect on June 30, 2011.
   l.  Notwithstanding section 249A.20, for the fiscal year beginning July 1, 2011, the average reimbursement rate for health care providers eligible for use of the federal Medicare resource-based relative value scale reimbursement methodology under that section shall remain at the rate in effect on June 30, 2011; however, this rate shall not exceed the maximum level authorized by the federal government.
   m.  For the fiscal year beginning July 1, 2011, the reimbursement rate for residential care facilities shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement. The flat reimbursement rate for facilities electing not to file annual cost reports shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement.
   n.  For the fiscal year beginning July 1, 2011, inpatient mental health services provided at hospitals shall be rebased effective October 1, 2011, subject to Medicaid program upper payment limit rules; community mental health centers and providers of mental health services to county residents pursuant to a waiver approved under section 225C.7, subsection 3, shall be reimbursed at 100 percent of the reasonable costs for the provision of services to recipients of medical assistance; and psychiatrists shall be reimbursed at the medical assistance program fee for service rate.
   o.  For the fiscal year beginning July 1, 2011, the reimbursement rate for consumer-directed attendant care shall remain at the rates in effect on June 30, 2011.
   p.  For the fiscal year beginning July 1, 2011, the reimbursement rate for providers of family planning services that are eligible to receive a 90 percent federal match shall remain at the rates in effect on June 30, 2011.
   q.  For the fiscal year beginning July 1, 2011, the department shall adjust the rates in effect on June 30, 2011, for providers of home and community-based services waiver services to distribute an additional $1,500,000 in reimbursements to such providers for the fiscal year.
   2.  For the fiscal year beginning July 1, 2011, the reimbursement rate for providers reimbursed under the in-home-related care program shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement.
   3.  Unless otherwise directed in this section, when the department’s reimbursement methodology for any provider reimbursed in accordance with this section includes an inflation factor, this factor shall not exceed the amount by which the consumer price index for all urban consumers increased during the calendar year ending December 31, 2002.
   4.  For the fiscal year beginning July 1, 2011, notwithstanding section 234.38, the foster family basic daily maintenance rate and the maximum adoption subsidy rate for children ages 0 through 5 years shall be $15.74, the rate for children ages 6 through 11 years shall be $16.37, the rate for children ages 12 through 15 years shall be $17.92, and the rate for children and young adults ages 16 and older shall be $18.16. The maximum supervised apartment living foster care reimbursement rate shall be $25.00 per day. For youth ages 18 to 21 who have exited foster care, the maximum preparation for adult living program maintenance rate shall be $574.00 per month. The maximum payment for adoption subsidy nonrecurring expenses shall be limited to $500 and the disallowance of additional amounts for court costs and other related legal expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, section 408 shall be continued.
   5.  For the fiscal year beginning July 1, 2011, the maximum reimbursement rates under the supervised apartment living program and for social services providers under contract shall remain at the rates in effect on June 30, 2011, or the provider’s actual and allowable cost plus inflation for each service, whichever is less. However, if a new service or service provider is added after June 30, 2011, the initial reimbursement rate for the service or provider shall be based upon actual and allowable costs. Providers may also be eligible for an additional amount as specified under the department’s request for proposal, bid number ACFS-11-115.
   6.  For the fiscal year beginning July 1, 2011, the reimbursement rates for family-centered service providers, family foster care service providers, group foster care service providers, and the resource family recruitment and retention contractor shall remain at the rates in effect on June 30, 2011.
   7.  The group foster care reimbursement rates paid for placement of children out of state shall be calculated according to the same rate-setting principles as those used for in-state providers, unless the director of human services or the director’s designee determines that appropriate care cannot be provided within the state. The payment of the daily rate shall be based on the number of days in the calendar month in which service is provided.
   8.
  a.  For the fiscal year beginning July 1, 2011, the reimbursement rate paid for shelter care and the child welfare emergency services implemented to provide or prevent the need for shelter care shall be established in a contract based on the requirements of the department’s request for proposal, bid number ACFS-11-114.
   b.  For the fiscal year beginning July 1, 2011, the combined service and maintenance components of the reimbursement rate paid for shelter care services shall be based on the financial and statistical report submitted to the department. The maximum reimbursement rate shall be $92.36 per day. The department shall reimburse a shelter care provider at the provider’s actual and allowable unit cost, plus inflation, not to exceed the maximum reimbursement rate.
   c.  Notwithstanding section 232.141, subsection 8, for the fiscal year beginning July 1, 2011, the amount of the statewide average of the actual and allowable rates for reimbursement of juvenile shelter care homes that is utilized for the limitation on recovery of unpaid costs shall remain at the amount in effect for this purpose in the fiscal year beginning July 1, 2010.
   9.  For the fiscal year beginning July 1, 2011, the department shall calculate reimbursement rates for intermediate care facilities for persons with mental retardation at the 80th percentile. Beginning July 1, 2011, the rate calculation methodology shall utilize the consumer price index inflation factor applicable to the fiscal year beginning July 1, 2011.
   10.  For the fiscal year beginning July 1, 2011, for child care providers reimbursed under the state child care assistance program, the department shall set provider reimbursement rates based on the rate reimbursement survey completed in December 2004. Effective July 1, 2011, the child care provider reimbursement rates shall remain at the rates in effect on June 30, 2011. The department shall set rates in a manner so as to provide incentives for a nonregistered provider to become registered by applying the increase only to registered and licensed providers.
   11.  The department may adopt emergency rules to implement this section.
   Sec. 245.  EMERGENCY RULES.
   1.  If specifically authorized by a provision of this division of this Act, the department of human services or the mental health, and disability services commission may adopt administrative rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions and the rules shall become effective immediately upon filing or on a later effective date specified in the rules, unless the effective date is delayed by the administrative rules review committee. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. The delay authority provided to the administrative rules review committee under section 17A.4, subsection 7, and section 17A.8, subsection 9, shall be applicable to a delay imposed under this section, notwithstanding a provision in those sections making them inapplicable to section 17A.5, subsection 2, paragraph “b”. Any rules adopted in accordance with the provisions of this section shall also be published as notice of intended action as provided in section 17A.4.
   2.  If during the fiscal year beginning July 1, 2011, the department of human services is adopting rules in accordance with this section or as otherwise directed or authorized by state law, and the rules will result in an expenditure increase beyond the amount anticipated in the budget process or if the expenditure was not addressed in the budget process for the fiscal year, the department shall notify the persons designated by this division of this Act for submission of reports, the chairpersons and ranking members of the committees on appropriations, and the department of management concerning the rules and the expenditure increase. The notification shall be provided at least 30 calendar days prior to the date notice of the rules is submitted to the administrative rules coordinator and the administrative code editor.
   Sec. 246.  CIVIL MONETARY PENALTIES —— DIRECT CARE WORKER INITIATIVES PROPOSAL.  The department of human services shall develop a proposal, in collaboration with the department of public health, requesting federal approval for the use of a portion of the funds received by the department of human services as civil monetary penalties from nursing facilities to support direct care worker initiatives that enhance the quality of care in nursing facilities. The proposal shall request use of the funds for direct care worker initiatives based on recommendations of the direct care worker task force established pursuant to 2005 Iowa Acts, chapter 88, as included in the report submitted to the governor and the general assembly in December 2006. Upon completion of the proposal, the department of human services shall submit the proposal to the centers for Medicare and Medicaid services of the United States department of health and human services for approval. The department of human services shall notify the persons designated in this division of this Act for submission of reports upon receipt of approval of the proposal.
   Sec. 247.  FEDERAL GRANTS REPORTING.  During the fiscal year beginning July 1, 2011, the departments and agencies receiving an appropriation in the health and human services divisions of this Act from the general fund of the state shall report to the persons designated by this division of this Act for submission of reports and the department of management within 60 calendar days of applying for or renewing a federal grant with a value over $1,000. The report shall list the federal funding source and address the potential need for the commitment of state funding in order to match or continue the funding provided by the federal grant in the present or the future.
   Sec. 248.  REPORTS.  Any reports or information required to be compiled and submitted under the health and human services divisions of this Act shall be submitted to the chairpersons and ranking members of the joint appropriations subcommittee on health and human services, the legislative services agency, and the legislative caucus staffs on or before the dates specified for submission of the reports or information.
   Sec. 249.  EFFECTIVE DATE.  The following provision of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   The provision under the appropriation for child and family services, relating to requirements of section 232.143 for representatives of the department of human services and juvenile court services to establish a plan for continuing group foster care expenditures for fiscal year 2011-2012.

DIVISION XXVI

HEALTH AND HUMAN SERVICES

PHARMACEUTICAL SETTLEMENT ACCOUNT,

IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE

TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT,

QUALITY ASSURANCE TRUST FUND,

AND HOSPITAL HEALTH CARE ACCESS TRUST FUND
   Sec. 250.  PHARMACEUTICAL SETTLEMENT ACCOUNT.  There is appropriated from the pharmaceutical settlement account created in section 249A.33 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   Notwithstanding any provision of law to the contrary, to supplement the appropriations made in the department of human services division of this Act for medical contracts under the medical assistance program for the same fiscal year:
.................................................. $  5,433,613
   Sec. 251.  APPROPRIATIONS FROM IOWACARE ACCOUNT.
   1.  There is appropriated from the IowaCare account created in section 249J.24 to the state board of regents for distribution to the university of Iowa hospitals and clinics for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes, for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 27,284,584
   a.  Funds appropriated in this subsection shall not be used to perform abortions except medically necessary abortions, and shall not be used to operate the early termination of pregnancy clinic except for the performance of medically necessary abortions. For the purpose of this subsection, medically necessary abortions are those performed under any of the following conditions:
   (1)  The attending physician certifies that continuing the pregnancy would endanger the life of the pregnant woman.
   (2)  Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
   b.  Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise.
   c.  The university of Iowa hospitals and clinics shall certify public expenditures in an amount equal to provide the nonfederal share on total expenditures not to exceed $20,000,000.
   2.  There is appropriated from the IowaCare account created in section 249J.24 to the state board of regents for distribution to the university of Iowa hospitals and clinics for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes, for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 44,226,279
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise.
   3.  There is appropriated from the IowaCare account created in section 249J.24, to the state board of regents for distribution to university of Iowa physicians for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 16,277,753
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise. Once the entire amount appropriated in this subsection has been distributed, claims shall continue to be submitted and adjudicated by the Iowa Medicaid enterprise; however, no payment shall be made based upon such claims.
   4.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For distribution to a publicly owned acute care teaching hospital located in a county with a population over 350,000 for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 65,000,000
   a.  Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise plus a monthly disproportionate share hospital payment. Any amount appropriated in this subsection in excess of $60,000,000 shall be distributed only if the sum of the expansion population claims adjudicated and paid by the Iowa Medicaid enterprise plus the estimated disproportionate share hospital payments exceeds $60,000,000. The amount paid in excess of $60,000,000 shall not adjust the original monthly payment amount but shall be distributed monthly based on actual claims adjudicated and paid by the Iowa Medicaid enterprise plus the estimated disproportionate share hospital amount. Any amount appropriated in this subsection in excess of $60,000,000 shall be allocated only if federal funds are available to match the amount allocated. Pursuant to paragraph “b”, of the amount appropriated in this subsection, not more than $4,000,000 shall be distributed for prescription drugs and podiatry services.
   b.  Notwithstanding any provision of law to the contrary, the hospital identified in this subsection, shall be reimbursed for outpatient prescription drugs and podiatry services provided to members of the expansion population pursuant to all applicable medical assistance program rules, in an amount not to exceed $4,000,000.
   c.  Notwithstanding the total amount of proceeds distributed pursuant to section 249J.24, subsection 4, paragraph “a”, unnumbered paragraph 1, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the county treasurer of a county with a population of over 350,000 in which a publicly owned acute care teaching hospital is located shall distribute the proceeds collected pursuant to section 347.7 in a total amount of $38,000,000, which would otherwise be distributed to the county hospital, to the treasurer of state for deposit in the IowaCare account.
   d.
  (1)  Notwithstanding the amount collected and distributed for deposit in the IowaCare account pursuant to section 249J.24, subsection 6, paragraph “a”, subparagraph (1), the first $19,000,000 in proceeds collected pursuant to section 347.7 between July 1, 2011, and December 31, 2011, shall be distributed to the treasurer of state for deposit in the IowaCare account and collections during this time period in excess of $19,000,000 shall be distributed to the acute care teaching hospital identified in this subsection. Of the collections in excess of the $19,000,000 received by the acute care teaching hospital under this subparagraph (1), $2,000,000 shall be distributed by the acute care teaching hospital to the treasurer of state for deposit in the IowaCare account in the month of January 2012, following the July 1 through December 31, 2011, period.
   (2)  Notwithstanding the amount collected and distributed for deposit in the IowaCare account pursuant to section 249J.24, subsection 6, paragraph “a”, subparagraph (2), the first $19,000,000 in collections pursuant to section 347.7 between January 1, 2012, and June 30, 2012, shall be distributed to the treasurer of state for deposit in the IowaCare account and collections during this time period in excess of $19,000,000 shall be distributed to the acute care teaching hospital identified in this subsection. Of the collections in excess of the $19,000,000 received by the acute care teaching hospital under this subparagraph (2), $2,000,000 shall be distributed by the acute care teaching hospital to the treasurer of state for deposit in the IowaCare account in the month of July 2012, following the January 1 through June 30, 2012, period.
   5.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary to be used for the purpose designated:
   For payment to the regional provider network specified by the department pursuant to section 249J.7 for provision of covered services to members of the expansion population pursuant to chapter 249J:
.................................................. $  3,472,176
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise. Once the entire amount appropriated in this subsection has been distributed, claims shall continue to be submitted and adjudicated by the Iowa Medicaid enterprise; however, no payment shall be made based upon such claims.
   6.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary to be used for the purposes designated:
   For a care coordination pool to pay the expansion population providers consisting of the university of Iowa hospitals and clinics, the publicly owned acute care teaching hospital as specified in section 249J.7, and current medical assistance program providers that are not expansion population network providers pursuant to section 249J.7, for services covered by the full benefit medical assistance program but not under the IowaCare program pursuant to section 249J.6, that are provided to expansion population members:
.................................................. $  1,500,000
   a.  Notwithstanding sections 249J.6 and 249J.7, the amount appropriated in this subsection is intended to provide payment for medically necessary services provided to expansion population members for continuation of care provided by the university of Iowa hospitals and clinics or the publicly owned acute care teaching hospital as specified in section 249J.7. Payment may only be made for services that are not otherwise covered under section 249J.6, and which are follow-up services to covered services provided by the hospitals specified in this paragraph “a”.
   b.  The funds appropriated in this subsection are intended to provide limited payment for continuity of care services for an expansion population member, and are intended to cover the costs of services to expansion population members, regardless of the member’s county of residence or medical home assignment, if the care is related to specialty or hospital services provided by the hospitals specified in paragraph “a”. 
   c.  The funds appropriated in this subsection are not intended to provide for expanded coverage under the IowaCare program, and shall not be used to cover emergency transportation services.
   d.  The department shall adopt administrative rules pursuant to chapter 17A to establish a prior authorization process and to identify covered services for reimbursement under this subsection.
   7.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount or so much thereof as is necessary to be used for the purposes designated:
   For a laboratory test and radiology pool for services authorized by a federally qualified health center designated by the department as part of the IowaCare regional provider network that does not have the capability to provide these services on site:
.................................................. $    500,000
   Notwithstanding sections 249J.6 and 249J.7, the amount appropriated in this subsection is intended to provide reimbursement for services provided to expansion population members that have previously been paid for through expenditure by designated regional provider network providers of their own funds, not to expand coverage under the IowaCare program or to expand the expansion population provider network. The department shall designate the laboratory and radiology provider associated with each designated regional provider network provider that may receive reimbursement. The department shall adopt administrative rules pursuant to chapter 17A to establish a prior authorization process and to identify covered services for reimbursement under this subsection. All other medical assistance program payment policies and rules for laboratory and radiology services shall apply to services provided under this subsection. If the entire amount appropriated under this subsection is expended, laboratory tests and radiology services ordered by a designated regional provider network provider shall be the financial responsibility of the regional provider network provider.
   Sec. 252.  APPROPRIATIONS FROM NONPARTICIPATING PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary, and subject to the availability of funds, there is appropriated from the nonparticipating provider reimbursement fund created in section 249J.24A to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount or so much thereof as is necessary for the purposes designated:
   To reimburse nonparticipating providers in accordance with section 249J.24A:
.................................................. $  2,000,000
   Sec. 253.  APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE

TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES.  

Notwithstanding any provision to the contrary, there is appropriated from the account for health care transformation created in section 249J.23 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the provision of an IowaCare nurse helpline for the expansion population as provided in section 249J.6:
.................................................. $    100,000
   2.  For other health promotion partnership activities pursuant to section 249J.14:
.................................................. $    600,000
   3.  For the costs related to audits, performance evaluations, and studies required pursuant to chapter 249J:
.................................................. $    125,000
   4.  For administrative costs associated with chapter 249J:
.................................................. $  1,132,412
   5.  For planning and development, in cooperation with the department of public health, of a phased-in program to provide a dental home for children in accordance with section 249J.14:
.................................................. $  1,000,000
   6.  For continuation of the establishment of the tuition assistance for individuals serving individuals with disabilities pilot program, as enacted in 2008 Iowa Acts, chapter 1187, section 130:
.................................................. $     50,000
   7.  For medical contracts:
.................................................. $  2,000,000
   8.  For payment to the publicly owned acute care teaching hospital located in a county with a population of over 350,000 that is a participating provider pursuant to chapter 249J:
.................................................. $    290,000
   Disbursements under this subsection shall be made monthly. The hospital shall submit a report following the close of the fiscal year regarding use of the funds appropriated in this subsection to the persons specified in this Act to receive reports.
   9.  For transfer to the department of public health to be used for the costs of medical home system advisory council established pursuant to section 135.159, including for the incorporation of the work and duties of the prevention and chronic care management advisory council pursuant to section 135.161, as amended by the FY 2011-2012 health and human services divisions of this Act:
.................................................. $    233,357
   10.  For implementation of a uniform cost report:
.................................................. $    100,000
   The uniform cost report shall be used in the development of specified Medicaid reimbursement rates over a multiyear timeframe. The department of human services, in collaboration with affected providers, shall finalize a uniform cost report that includes provider type-specific cost schedules by December 15, 2011. The uniform cost report shall be applied to providers of home and community-based services waiver services, habilitation services, case management services and community mental health centers, residential care facilities, psychiatric medical institutions for children, and intermediate care facilities for the mentally retarded in the development of Medicaid reimbursement rates. The department shall collaborate with affected Medicaid providers to test the effectiveness of the uniform cost report and determine the fiscal impact of implementing the uniform cost report during the fiscal year beginning July 1, 2012. A report of the findings and fiscal impact shall be submitted to the governor and the general assembly by December 31, 2013. The rates paid in the fiscal year beginning July 1, 2014, shall be established using uniform cost reports submitted in the fiscal year beginning July 1, 2012. Implementation of the uniform cost report shall be limited to the extent of the funding available.
   11.  For implementation of an electronic medical records system:
.................................................. $    100,000
   a.  The implementation of an electronic medical records system shall include system purchase or development for home and community-based services providers and mental health services providers that comply with the requirements of federal and state laws and regulation by the fiscal year beginning July 1, 2013.
   b.  The department shall analyze the costs and benefits of providing an electronic medical records and billing system for home and community-based services providers and mental health services providers that comply with the requirements of federal and state laws and regulation. The analysis shall include a review of all of the following: including the capability for an electronic medical records and billing system within the procurement for the Medicaid management information system, developing the system, and utilizing capacity within the health information network established by the department of public health. If the analysis demonstrates that a program may be implemented in a cost-effective manner and within available funds, the department may take steps to implement such a system. The department shall report the results of the analysis, activities, and recommendations to the persons designated in the department of human services division of this Act for submission of reports by December 15, 2011.
   c.  Notwithstanding section 8.33, funds allocated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available in succeeding fiscal years to be used for the purposes designated.
   Notwithstanding section 8.39, subsection 1, without the prior written consent and approval of the governor and the director of the department of management, the director of human services may transfer funds among the appropriations made in this section as necessary to carry out the purposes of the account for health care transformation. The department shall report any transfers made pursuant to this section to the legislative services agency.
   Sec. 254.  MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the Medicaid fraud account created in section 249A.7 to the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For the inspection and certification of assisted living programs and adult day care services, including program administration and costs associated with implementation:
.................................................. $  1,339,527
   Sec. 255.  MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN SERVICES.  There is appropriated from the Medicaid fraud account created in section 249A.7 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To supplement the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for medical assistance for the same fiscal year:
.................................................. $  2,000,000
   Sec. 256.  QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary and subject to the availability of funds, there is appropriated from the quality assurance trust fund created in section 249L.4 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary for the purposes designated:
   To supplement the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for medical assistance for the same fiscal year:
.................................................. $ 29,000,000
   Sec. 257.  HOSPITAL HEALTH CARE ACCESS TRUST FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary and subject to the availability of funds, there is appropriated from the hospital health care access trust fund created in section 249M.4 to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  To supplement the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for medical assistance for the same fiscal year:
.................................................. $ 39,223,800
   2.  For deposit in the nonparticipating provider reimbursement fund created in section 249J.24A to be used for the purposes of the fund:
.................................................. $    776,200
   Sec. 258.  MEDICAL ASSISTANCE PROGRAM —— NONREVERSION FOR FY 2011-2012.  Notwithstanding section 8.33, if moneys appropriated for purposes of the medical assistance program for the fiscal year beginning July 1, 2011, and ending June 30, 2012, in the health and human services divisions of this Act from the general fund of the state, the Medicaid fraud account, the quality assurance trust fund, and the hospital health care access trust fund, are in excess of actual expenditures for the medical assistance program and remain unencumbered or unobligated at the close of the fiscal year, the excess moneys shall not revert but shall remain available for expenditure for the purposes of the medical assistance program until the close of the succeeding fiscal year.

DIVISION XXVII

HEALTH AND HUMAN SERVICES

MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 2011-2012
   Sec. 259.  MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX RELIEF.  Notwithstanding the standing appropriation in section 426B.1, subsection 2, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the amount appropriated from the general fund of the state pursuant to that provision shall not exceed the following amount:
.................................................. $ 81,199,911
   Sec. 260.  SENATE FILE 209 APPROPRIATION —— FY 2010-2011.
   1.  Of the amount credited to the property tax relief fund from the appropriation made pursuant to 2011 Iowa Acts, Senate File 209, section 21, subsection 1, there is appropriated to the department of human services for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution in accordance with this section:
   .................................................. $ 10,000,000
   2.
  a.  For the purposes of this subsection, unless the context otherwise requires:
   (1)  “County management plan” means the county management plan for the county’s mental health, mental retardation, and developmental disabilities services system in accordance with section 331.439.
   (2)  “Risk pool board” means the risk pool board created in section 426B.5.
   (3)  “Services fund” means the county mental health, mental retardation, and developmental disabilities services fund created in section 331.424A.
   b.  The appropriation made in this section shall be distributed to counties with persons on a waiting list as of April 21, 2011, for adult mental health, mental retardation, and developmental disabilities services in accordance with the county management plan in effect as of January 1, 2011. All of the following provisions shall apply to such distribution:
   (1)  A county’s application for the funding distribution must be received by the department on or before July 15, 2011, or within 10 calendar days of the enactment date of this section, whichever is later.
   (2)  The county’s application shall provide all of the following information:
   (a)  A declaration that the county cannot provide services in accordance with the county’s management plan and remain in compliance with the 99 percent budgeting requirement in section 331.439, subsection 5, resulting in the creation of a waiting list.
   (b)  An accounting of the individuals to be removed from the county’s waiting list as a result of the funding applied for under this subsection, along with the following information in a format specified by the department:
   (i)  Each individual’s unique client identifier established pursuant to section 225C.6A, subsection 3.

   (ii)  The date the individual was originally placed on the county waiting list.
   (iii)  The services needed by the individual.
   (iv)  The projected cost for the fiscal year for each service needed for that individual.
   (v)  The total cost for all of the services for each individual for the fiscal year.
   (3)  The application shall be accompanied by a signed statement by the county’s board of supervisors certifying that the individuals for whom funding is provided under this subsection will not subsequently be placed by the county on a waiting list for services through June 30, 2012.
   (4)  The risk pool board may accept or reject an application for assistance in whole or in part and may prorate distribution of funding as necessary to conform to the amount available for distribution. The decision of the risk pool board is final. The risk pool board shall issue a funding decision within 15 working days of the final receipt date for applications.
   (5)  The funding under this subsection shall be distributed within 15 working days of the date the risk pool board’s funding decision is issued.
   c.  If there is a balance remaining following the distribution of funding under paragraph “b”, the balance shall be distributed in a second distribution process for individuals placed on a waiting list after April 21, 2011, in accordance with the county management plan provisions for the services in effect as of January 1, 2011. In addition, notwithstanding 2010 Iowa Acts, chapter 1192, section 48, subsection 4, paragraph “c”, any funding rebated by counties pursuant to that provision and any moneys otherwise available in the risk pool in the property tax relief fund for the fiscal year beginning July 1, 2011, pursuant to section 426B.5, subsection 2, shall also be included in the second distribution process. The distribution process under this lettered paragraph shall be in lieu of any risk pool distribution for the fiscal year beginning July 1, 2011, under section 426B.5. All provisions applicable under paragraph “b” shall apply except that a county’s application for the second funding distribution process must be received by the department on or before December 1, 2011.
   d.  If moneys from a distribution made under this subsection are not expended by a county by November 1, 2012, for services provided prior to July 1, 2012, the county shall reimburse the unexpended moneys to the department by November 30, 2012, and the moneys reimbursed shall be credited to the risk pool in the property tax relief fund.
   e.  The risk pool board shall submit a report to the governor and general assembly on or before December 31, 2012, regarding the expenditure of funds distributed under this subsection.
   Sec. 261.  SENATE FILE 209 APPROPRIATION —— FY 2011-2012.  In addition to the appropriations made in this division of this Act for distribution to counties of the county mental health, mental retardation, and developmental disabilities allowed growth factor adjustment for FY 2011-2012, and for county waiting lists beginning with the fiscal year beginning July 1, 2010, of the amount credited to the property tax relief fund from the appropriation made pursuant to 2011 Iowa Acts, Senate File 209, section 21, subsection 1, there is appropriated to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   To be credited to the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for the medical assistance program for the fiscal year beginning July 1, 2011, and used to reduce home and community-based services waiver waiting lists for children’s mental health, intellectual disabilities, and brain injury:
   .................................................. $  5,000,000
   Sec. 262.  2010 Iowa Acts, chapter 1193, section 1, is amended to read as follows:
   SECTION 1.  ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2011-2012.
   1.  Notwithstanding section 331.439, subsection 3, the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities service expenditures for the fiscal year beginning July 1, 2011, shall be established by statute which shall be enacted within thirty calendar days of the convening of the Eighty-fourth General Assembly, 2011 Session, on January 10, 2011. The governor shall submit to the general assembly a recommendation for such allowed growth factor adjustment and the amounts of related appropriations to the general assembly on or before January 11, 2011.
   2.  The appropriation and allocations made in this section fulfill the requirements of the governor and general assembly under subsection 1.
   3.
  a.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution to counties of the county mental health, mental retardation, and developmental disabilities allowed growth factor adjustment for fiscal year 2011-2012 as provided in this section in lieu of the allowed growth factor provisions of section 331.438, subsection 2, and section 331.439, subsection 3, and chapter 426B:
.................................................. $ 68,697,893
   b.  Of the amount credited to the property tax relief fund from the appropriation made pursuant to 2011 Iowa Acts, Senate File 209, section 21, subsection 1, there is appropriated to the department of human services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution to counties as described in paragraph “a”:
.................................................. $  5,000,000
   Sec. 263.  2010 Iowa Acts, chapter 1193, section 1, as amended by this division of this Act, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  Of the amounts appropriated in this section, $12,000,000 shall be distributed as provided in this subsection.
   a.  To be eligible to receive a distribution under this subsection, a county must meet the following requirements:
   (1)  The county is levying for the maximum amount allowed for the county’s mental health, mental retardation, and developmental disabilities services fund under section 331.424A for taxes due and payable in the fiscal year beginning July 1, 2011, or the county is levying for at least 90 percent of the maximum amount allowed for the county’s services fund and that levy rate is more than $2 per $1,000 of the assessed value of all taxable property in the county.
   (2)  In the fiscal year beginning July 1, 2009, the county’s mental health, mental retardation, and developmental disabilities services fund ending balance under generally accepted accounting principles was equal to or less than 15 percent of the county’s actual gross expenditures for that fiscal year.
   b.  The amount of a county’s distribution from the allocation made in this subsection shall be determined based upon the county’s proportion of the general population of the counties eligible to receive a distribution under this subsection. The latest certified federal census issued by the United States bureau of the census shall be applied in determining population for the purposes of this paragraph.
   c.  The distributions made pursuant to this subsection are subject to the distribution provisions and withholding requirements established in this section for the county mental health, mental retardation, and developmental disabilities allowed growth factor adjustment for the fiscal year beginning July 1, 2011.
   NEW SUBSECTION.  5.  The following amount of the funding appropriated in this section for distribution to counties is the allowed growth factor adjustment for fiscal year 2011-2012, and shall be credited to the allowed growth funding pool created in the property tax relief fund and for distribution in accordance with section 426B.5, subsection 1:
.................................................. $ 61,697,893
   NEW SUBSECTION.  6.  The following formula amounts shall be utilized only to calculate preliminary distribution amounts for the allowed growth factor adjustment for fiscal year 2011-2012 under this section by applying the indicated formula provisions to the formula amounts and producing a preliminary distribution total for each county:
   a.  For calculation of a distribution amount for eligible counties from the allowed growth funding pool created in the property tax relief fund in accordance with the requirements in section 426B.5, subsection 1:
.................................................. $ 74,773,346
   b.  For calculation of a distribution amount for counties from the mental health and developmental disabilities (MH/DD) community services fund in accordance with the formula provided in the appropriation made for the MH/DD community services fund for the fiscal year beginning July 1, 2011:
.................................................. $ 14,187,556
   NEW SUBSECTION.  7.
  a.  After applying the applicable statutory distribution formulas to the amounts indicated in subsection 6 for purposes of producing preliminary distribution totals, the department of human services shall apply a withholding factor to adjust an eligible individual county’s preliminary distribution total. In order to be eligible for a distribution under this section, a county must be levying 90 percent or more of the maximum amount allowed for the county’s mental health, mental retardation, and developmental disabilities services fund under section 331.424A for taxes due and payable in the fiscal year for which the distribution is payable.
   b.  An ending balance percentage for each county shall be determined by expressing the county’s ending balance on a modified accrual basis under generally accepted accounting principles for the fiscal year beginning July 1, 2009, in the county’s mental health, mental retardation, and developmental disabilities services fund created under section 331.424A, as a percentage of the county’s gross expenditures from that fund for that fiscal year. If a county borrowed moneys for purposes of providing services from the county’s services fund on or before July 1, 2009, and the county’s services fund ending balance for that fiscal year includes the loan proceeds or an amount designated in the county budget to service the loan for the borrowed moneys, those amounts shall not be considered to be part of the county’s ending balance for purposes of calculating an ending balance percentage under this subsection.
   c.  For purposes of calculating withholding factors and for ending balance amounts used for other purposes under law, the county ending balances shall be adjusted, using forms developed for this purpose by the county finance committee, to disregard the temporary funding increase provided to the counties for the fiscal year through the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5. In addition, a county may adjust the ending balance amount by rebating to the department all or a portion of the allowed growth and MH/DD services fund moneys the county received for the fiscal year beginning July 1, 2010, in accordance with 2009 Iowa Acts, chapter 179, section 1, as amended by 2009 Iowa Acts, chapter 1192, sections 47 and 48, or from any other services fund moneys available to the county. The rebate must be remitted to the department on or before June 1, 2011, in order to be counted. However, if this division of this Act is enacted after June 1, 2011, the rebate must be remitted not later than 10 calendar days after the date of the governor’s approval of this Act. The amount rebated by a county shall be subtracted dollar-for-dollar from the county’s ending balance amount for the fiscal year beginning July 1, 2009, for purposes of calculating the withholding factor and for other ending balance purposes for the fiscal year beginning July 1, 2011. The rebates received by the department shall be credited to the property tax relief fund and distributed as additional funding for the fiscal year beginning July 1, 2011, in accordance with the formula provisions in this section.
   d.  The withholding factor for a county shall be the following applicable percent:
   (1)  For an ending balance percentage of less than 5 percent, a withholding factor of 0 percent. In addition, a county that is subject to this lettered paragraph shall receive an inflation adjustment equal to 3 percent of the gross expenditures reported for the county’s services fund for the fiscal year.
   (2)  For an ending balance percentage of 5 percent or more but less than 10 percent, a withholding factor of 0 percent. In addition, a county that is subject to this lettered paragraph shall receive an inflation adjustment equal to 2 percent of the gross expenditures reported for the county’s services fund for the fiscal year.
   (3)  For an ending balance percentage of 10 percent or more but less than 25 percent, a withholding factor of 25 percent. However, for counties with an ending balance percentage of 10 percent or more but less than 15 percent, the amount withheld shall be limited to the amount by which the county’s ending balance was in excess of the ending balance percentage of 10 percent.
   (4)  For an ending balance percentage of 25 percent or more, a withholding percentage of 100 percent.

   NEW SUBSECTION.  8.  The total withholding amounts applied pursuant to subsection 7 shall be equal to a withholding target amount of $13,075,453. If the department of human services determines that the amount appropriated is insufficient or the amount to be withheld in accordance with subsection 7 is not equal to the target withholding amount, the department shall adjust the withholding factors listed in subsection 7 as necessary to achieve the target withholding amount. However, in making such adjustments to the withholding factors, the department shall strive to minimize changes to the withholding factors for those ending balance percentage ranges that are lower than others and shall only adjust the zero withholding factor or the inflation adjustment percentages specified in subsection 7, paragraph “d”, when the amount appropriated is insufficient.
   Sec. 264.  2010 Iowa Acts, chapter 1193, section 99, is amended to read as follows:
   SEC. 99.
  MH/MR/DD SERVICES FUND TRANSFER.  Notwithstanding section 331.424A, subsection 5, and section 331.432, subsection 3, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, a county may transfer moneys from other funds of the county to the county’s mental health, mental retardation, and developmental disabilities services fund created in section 331.424A. A county transferring moneys from other funds of the county to the county’s services fund pursuant to this section shall submit a report detailing the transfers made and funds affected. The county shall submit the report along with the county expenditure and information report submitted by December 1, 2010 2011, in accordance with section 331.439.
   Sec. 265.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  The section of this division of this Act amending 2010 Iowa Acts, chapter 1193, section 99, being deemed of immediate importance, takes effect upon enactment and is retroactively applicable to December 1, 2010.
   Sec. 266.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  The section of this division of this Act making an appropriation for the fiscal year beginning July 1, 2010, of moneys credited to the property tax relief fund pursuant to 2011 Iowa Acts, Senate File 209, being deemed of immediate importance, takes effect upon enactment and applies retroactively to April 21, 2011.

DIVISION XXVIII

HEALTH AND HUMAN SERVICES

PRIOR APPROPRIATIONS AND RELATED CHANGES

VIETNAM CONFLICT VETERANS BONUS
   Sec. 267.  Section 35A.8A, subsection 2, paragraph d, Code 2011, is amended to read as follows:
   d.  The person files an application for compensation under this section, in a manner determined by the department of veterans affairs, by July 1, 2010 May 1, 2011.

COMMUNITY HOUSING REVOLVING LOAN PROGRAM
   Sec. 268.  NEW SECTION.  16.185  Community housing for persons with disabilities revolving loan program fund.
   1.  A community housing for persons with disabilities loan program fund is created within the authority to further the availability of affordable housing for Medicaid waiver-eligible individuals with behaviors that provide significant barriers to accessing traditional rental opportunities. The moneys in the fund are annually appropriated to the authority to be used for the development and operation of a revolving loan program to provide financing to construct affordable permanent supportive housing, including through new construction, acquisition and rehabilitation of existing housing, or conversion or adaptive reuse. 
   2.  Moneys transferred by the authority for deposit in the community housing for persons with disabilities revolving loan program fund, moneys appropriated to the community housing for persons with disabilities revolving loan program, and any other moneys available to and obtained or accepted by the authority for placement in the fund shall be credited to the fund. Additionally, payment of interest, recaptures of awards, and other repayments to the community housing for persons with disabilities revolving loan program fund shall be credited to the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the community housing for persons with disabilities revolving loan program fund shall be credited to the fund. Notwithstanding section 8.33, moneys credited to the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any other fund.
   3.  The authority shall annually allocate moneys available in the community housing for persons with disabilities revolving loan program fund for the development of permanent supportive housing for Medicaid waiver-eligible individuals. The authority shall develop a joint application process for the allocation of United States housing and urban development HOME investment partnerships program funding and the funds available under this section. Moneys allocated to such projects may be in the form of loans, forgivable loans, or a combination of loans and forgivable loans.
   4.
  a.  A project shall demonstrate written approval of the project by the department of human services to the authority prior to application for funding under this section. 
   b.  In order to be approved by the department of human services for application for funding under this section, a project shall include all of the following components:
   (1)  Provision of services to any of the following Medicaid waiver-eligible individuals:
   (a)  Individuals who are currently underserved in community placements, including individuals who are physically aggressive or have behaviors that are difficult to manage. 
   (b)  Individuals who are currently residing in out-of-state facilities.
   (c)  Individuals who are currently receiving care in a licensed health care facility. 

   (2)  A plan to provide each individual with crisis stabilization services to ensure that the individual’s behavioral issues are appropriately addressed by the provider.
   (3)  Policies and procedures that prohibit discharge of the individual from the waiver services provided by the project provider unless an alternative placement that is acceptable to the client or client’s guardian is identified.
   c.  Housing provided through a project under this section is exempt from the requirements of chapter 135O.
   5.  The authority, in collaboration with the department of human services, shall adopt rules pursuant to chapter 17A to administer this section.

VIETNAM CONFLICT VETERANS

BONUS FUND
   Sec. 269.  2008 Iowa Acts, chapter 1187, section 68, as amended by 2009 Iowa Acts, chapter 182, section 82, and 2010 Iowa Acts, chapter 1192, section 55, is amended to read as follows:
   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2010 repeal of section 35A.8A.  Upon such repeal, the remaining moneys shall be transferred to the veterans trust fund and, notwithstanding section 35A.13, subsection 3, shall only be expended in accordance with an appropriation for purposes of a bonus enacted for veterans of the conflicts in Panama, Grenada, Lebanon, or the Persian Gulf.

INJURED VETERANS GRANT PROGRAM
   Sec. 270.  2008 Iowa Acts, chapter 1187, section 69, unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 182, section 83, and 2010 Iowa Acts, chapter 1192, section 56, is amended to read as follows:
   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2010 2011.

BEHAVIORAL HEALTH SERVICES

 ACCOUNT —— MEDICAL ASSISTANCE
   Sec. 271.  2009 Iowa Acts, chapter 182, section 9, subsection 16, paragraph b, as amended by 2010 Iowa Acts, chapter 1192, section 63, is amended to read as follows:
   b.  The department shall continue to maintain a separate account within the medical assistance budget for the deposit of all funds remitted pursuant to a contract with a third party to administer behavioral health services under the medical assistance program established pursuant to 2008 Iowa Acts, chapter 1187, section 9, subsection 20. Notwithstanding section 8.33, other than funds remaining from the appropriation allocations made for implementation of the emergency mental health crisis services and system, for implementation of the mental health services system for children and youth, and for training of child welfare services providers in 2008 Iowa Acts, chapter 1187, section 9, subsection 20, paragraph “c”, subparagraphs (1), (2), and (6), as authorized in 2009 Iowa Acts, chapter 182, section 72, shall not revert but shall remain available in succeeding fiscal years to be used for the purposes designated until expended and any other funds remaining in the account that remain unencumbered or unobligated at the end of the fiscal year shall not revert but shall remain available in succeeding fiscal years and are appropriated to the department to be used for the medical assistance program to be used for purposes of crisis stabilization and other mental and behavioral health service improvements.

CHILD WELFARE DECATEGORIZATION

FY 2009-2010 NONREVERSION
   Sec. 272.  2009 Iowa Acts, chapter 182, section 14, subsection 5, is amended by adding the following new unnumbered paragraph:
   NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 232.188, subsection 5, moneys from the allocations made in this subsection or made from any other source for the decategorization of child welfare and juvenile justice funding initiative under section 232.188 for the fiscal year beginning July 1, 2009, that are designated as carryover funding that remain unencumbered or unobligated at the close of the fiscal year beginning July 1, 2010, shall not revert but shall be transferred to the community housing for persons with disabilities revolving loan program fund created in section 16.185, as enacted by this division of this Act.

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 —— ALLOCATION FOR INFANT AND TODDLER CARE QUALITY
   Sec. 273.  2009 Iowa Acts, chapter 183, section 62, subsection 3, is amended to read as follows:
   3.  For the purposes of this subsection, “federal poverty level” means the poverty level defined by the most recently revised poverty income guidelines published by the United States department of health and human services. The program shall provide financial assistance to families with infants and toddlers less than thirty-six months of agetwo that have a family income of more than 145 percent but not more than 185 percent of the federal poverty level. However, the department may adjust the qualifying criteria or the financial assistance purpose provisions specified in this subsection or make other changes as necessary for implementation to conform with federal requirements for the funding. Outcome reporting and other grant requirements shall be developed by the department in cooperation with the Iowa empowerment board.
   Sec. 274.  2009 Iowa Acts, chapter 183, section 62, subsection 4, is amended to read as follows:
   4.  The financial assistance shall be for any of the following purposes:
   a.  For making temporary payments to qualifying families whose members are recently unemployed and seeking work to use in meeting immediate family needs.
   b.  For providing sliding scale subsidies for qualifying families for child care provided to the families’ infants and toddlers by providers who are accredited by the national association for the education of young children or the national association for family child care, or who have a rating at level 3 2 or higher under the child care quality rating system implemented pursuant to section 237A.30.
   c.  For expanding training and other support for infant care providers in the community and this state.
   d.  For ensuring child care environments are healthy and safe.
   e.  For promoting positive relationships between parents and providers in their mutual efforts to care for very young children.
   f.  For ensuring that parents have the information and resources needed to choose quality child care.

IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW
   Sec. 275.  2010 Iowa Acts, chapter 1192, section 1, subsection 2, is amended to read as follows:
   2.
  a.  Of the funds appropriated in this section, $1,246,514 shall be transferred to the department of human services in equal amounts on a quarterly basis for reimbursement of case management services provided under the medical assistance elderly waiver. The department of human services shall adopt rules for case management services provided under the medical assistance elderly waiver in consultation with the department on aging.
   b.  The department of human services shall review projections for state funding expenditures for reimbursement of case management services under the medical assistance elderly waiver on a quarterly basis and shall determine if an adjustment to the medical assistance reimbursement rates are necessary to provide reimbursement within the state funding amounts budgeted under the appropriations made for the fiscal year for the medical assistance program. Any temporary enhanced federal financial participation that may become available for the medical assistance program during the fiscal year shall not be used in projecting the medical assistance elderly waiver case management budget. The department of human services shall revise such reimbursement rates as necessary to maintain expenditures for medical assistance elderly waiver case management services within the state funding amounts budgeted under the appropriations made for the fiscal year for the medical assistance program.

IOWA VETERANS HOME
   Sec. 276.  2010 Iowa Acts, chapter 1192, section 3, subsection 2, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The funds appropriated in this subsection to the Iowa veterans home that remain available for expenditure for the succeeding fiscal year pursuant to section 35D.18, subsection 5, shall be distributed to be used in the succeeding fiscal year in accordance with this lettered paragraph. The first $500,000 shall remain available to be used for the purposes of the Iowa veterans home. On or before October 15, 2011, the department of management shall transfer the remaining balance to the appropriation to the department of human services for medical assistance.

MEDICAL ASSISTANCE PROGRAM
   Sec. 277.  2010 Iowa Acts, chapter 1192, section 11, is amended by adding the following new subsection:
   NEW SUBSECTION.  25.  The department may increase the amounts allocated for salaries, support, maintenance, and miscellaneous purposes associated with the medical assistance program as necessary to implement cost containment efforts in order to accomplish medical assistance program savings. These amounts may be transferred to the appropriation made in this division of this Act for the health insurance premium payment program.

STATE SUPPLEMENTARY ASSISTANCE PROGRAM
   Sec. 278.  2010 Iowa Acts, chapter 1192, section 14, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

ADOPTION SUBSIDY TRANSFER
   Sec. 279.  2010 Iowa Acts, chapter 1192, section 20, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Of the funds appropriated in this section, $60,000 shall be transferred to the appropriation made in this division of this Act for the state mental health institute at Cherokee to be used for children’s beds at the institute.

IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW
   Sec. 280.  2010 Iowa Acts, chapter 1192, section 37, subsection 1, is amended to read as follows:
   1.
  a.  Of the funds appropriated in this section, $1,010,000 shall be transferred to the department of human services in equal amounts on a quarterly basis for reimbursement of case management services provided under the medical assistance elderly waiver.
   b.  The department of human services shall review projections for state funding expenditures for reimbursement of case management services under the medical assistance elderly waiver on a quarterly basis and shall determine if an adjustment to the medical assistance reimbursement rates are necessary to provide reimbursement within the state funding amounts budgeted under the appropriations made for the fiscal year for the medical assistance program. Any temporary enhanced federal financial participation that may become available for the medical assistance program during the fiscal year shall not be used in projecting the medical assistance elderly waiver case management budget. The department of human services shall revise such reimbursement rates as necessary to maintain expenditures for medical assistance elderly waiver case management services within the state funding amounts budgeted under the appropriations made for the fiscal year for the medical assistance program.

QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES
   Sec. 281.  2010 Iowa Acts, chapter 1192, section 44, is amended to read as follows:
   SEC. 44.
  QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary and subject to the availability of funds, there is appropriated from the quality assurance trust fund created in section 249L.4 to the department of human services for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary for the purposes designated:
   To supplement the appropriation made in this Act from the general fund of the state to the department of human services for medical assistance:
.................................................. $ 13,900,000

_____________________________________________________33,708,458
   1.  Of the funds appropriated in this section, $7,500,000 shall be used for nursing facility reimbursement under the medical assistance program in accordance with the nursing facility reimbursement provisions of division IV of this Act, to continue application of the administrative rules changes relating to nursing facility reimbursement and payment procedures made pursuant to 2010 Iowa Acts, Senate File 2366, if enacted, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, and to restore the 5 percent reduction made in nursing facility reimbursement in accordance with executive order number 19 issued October 8, 2009.
   2.  The costs associated with the implementation of this section shall be funded exclusively through moneys appropriated from the quality assurance trust fund, and shall result in budget neutrality to the general fund of the state for the fiscal year beginning July 1, 2010, and ending June 30, 2011.

INJURED VETERANS TRUST FUND
   Sec. 282.  INJURED VETERANS TRUST FUND.  There is appropriated from the general fund of the state to the department of veterans affairs for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To be credited to the injured veterans trust fund created pursuant to section 35A.14 to be used for the injured veterans grant program:
.................................................. $  1,000,000
   The department shall review the rules and statutory provisions pertaining to the injured veterans grant program and propose amendments to improve the program. Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until expended.

MERCHANT MARINE BONUS FUND TRANSFER
   Sec. 283.  DEPARTMENT OF CULTURAL AFFAIRS —— MERCHANT MARINE BONUS FUND.
   1.  The appropriation made from the merchant marine bonus fund to the department of cultural affairs for the fiscal year beginning July 1, 2010, and ending June 30, 2011, in 2010 Iowa Acts, chapter 1193, section 82, shall be transferred on the effective date of this section to the department of veterans affairs to be used for departmental costs.
   2.  Moneys transferred pursuant to this section that remain unencumbered or unobligated at the close of the fiscal year shall be credited to the veterans trust fund created in section 35A.13.

STATE INSTITUTION —— APPROPRIATION TRANSFERS
   Sec. 284.  DEPARTMENT OF HUMAN SERVICES.  There is transferred between the following designated appropriations made to the department of human services for the fiscal year beginning July 1, 2010, and ending June 30, 2011, not more than the following amounts:
   1.  From the appropriation made for purposes of the state resource center at Glenwood in 2010 Iowa Acts, chapter 1192, section 25, subsection 1, paragraph “a”, to the appropriation made for purposes of the Iowa juvenile home at Toledo in 2010 Iowa Acts, chapter 1192, section 17, subsection 1:
.................................................. $    400,000
   2.  From the appropriation made for purposes of the state resource center at Woodward in 2010 Iowa Acts, chapter 1192, section 25, subsection 1, paragraph “b”, to the appropriation made for purposes of the state mental health institute at Independence in 2010 Iowa Acts, chapter 1192, section 24, subsection 1, paragraph “c”:
.................................................. $    400,000
   Sec. 285.  FAMILY PLANNING WAIVER AND MAINTENANCE OF EFFORT.  Notwithstanding 2010 Iowa Acts, chapter 1192, section 11, subsection 24, the department of human services shall not amend the medical assistance waiver for the Iowa family planning network in accordance with that provision, but shall instead continue the Iowa family planning waiver in effect prior to June 30, 2011, and shall only amend the waiver to increase the income eligibility percentage above the percentage provided in the waiver in effect if necessary and only by the minimum percentage required to comply with maintenance of effort requirements.
   Sec. 286.  DECATEGORIZATION PROJECT FUNDING.  For the period beginning June 1, 2010, and ending June 30, 2012, a child welfare and juvenile justice funding decategorization initiative project that is incorporated and owns real property may utilize project funding to purchase liability insurance.
   Sec. 287.  ACCOUNTABLE CARE ORGANIZATION —— PILOT.
   1.
  a.  If an entity applies for certification from the secretary of the United States department of health and human services prior to January 1, 2012, and is subsequently certified to administer an accountable care organization pilot project, pursuant to the federal Patient Protection and Accountability Act, Pub. L. No. 111-148, the department of human services shall work with the entity to provide access to the complete deidentified claims data of the medical assistance recipients receiving health care services through the pilot project for the purposes of identifying areas of utilization, need, and potential cost savings to the medical assistance program subject to all applicable state and federal laws and regulations. The department may also employ new payment models, information technology, and data analytics provisions necessary to the administration of the pilot project.
   b.  The department of human services shall work with an entity to administer an accountable care organization pilot project, only if the centers for Medicare and Medicaid services of the United States department of health and human services approves participation of the medical assistance program in the pilot project and the entity meets all of the following requirements:
   (1)  At a minimum, includes the participation of a prospective payment system hospital, ten primary care physicians, a home health care practice, a palliative care services, a hospice service, and a community mental health center, all of which agree to be paid under a partial or global payment for identified services.
   (2)  Requires all participating providers to utilize electronic health records.
   (3)  Includes delivery of mental health services to recipients of medical assistance through collaboration with the regional community mental health center, a federally qualified health center, and at least one nursing facility as consistent with any other law enacted by the Eighty-fourth general assembly, 2011 session, that redesigns the mental health delivery system in the state.
   c.  The entity certified to implement the pilot project shall report to the joint appropriations subcommittee for health and human services during the 2012 legislative session detailing the progress and expected outcomes of the pilot project.
   Sec. 288.  EMERGENCY RULES.  For purposes of the initial rules to implement the provisions of section 16.185, as enacted by this division of this Act, the Iowa finance authority may adopt administrative rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions and the rules shall become effective immediately upon filing or on a later effective date specified in the rules, unless the effective date is delayed by the administrative rules review committee. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. The delay authority provided to the administrative rules review committee under section 17A.4, subsection 7, and section 17A.8, subsection 9, shall be applicable to a delay imposed under this section, notwithstanding a provision in those sections making them inapplicable to section 17A.5, subsection 2, paragraph “b”. Any rules adopted in accordance with the provisions of this section shall also be published as a notice of intended action as provided in section 17A.4.
   Sec. 289.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  Except as otherwise provided by this division of this Act, this division of this Act, being deemed of immediate importance, takes effect upon enactment and if approved by the governor after July 1, 2011, applies retroactively to June 30, 2011.
   Sec. 290.  RETROACTIVE APPLICABILITY.  The section of this division of this Act addressing child welfare and juvenile justice funding decategorization initiative project funding for the period beginning June 1, 2010, and ending June 30, 2012, applies retroactively to June 1, 2010.
   Sec. 291.  RETROACTIVE APPLICABILITY.  The section of this division of this Act amending section 35A.8A, applies retroactively to July 1, 2010.
   Sec. 292.  RETROACTIVE APPLICABILITY.  The section of this division of this Act making transfers between appropriations made to the department of human services for state institutions in 2010 Iowa Acts, chapter 1192, applies retroactively to January 1, 2011.

DIVISION XXIX

HEALTH AND HUMAN SERVICES

PREVENTION AND CHRONIC CARE MANAGEMENT
   Sec. 293.  Section 135.159, subsection 10, Code 2011, is amended to read as follows:
   10.  The department shall integrate the recommendations and policies developed by the prevention and chronic care management advisory council pursuant to section 135.161, Code 2011, into the medical home system and shall incorporate the development and implementation of the state initiative for prevention and chronic care management as developed pursuant to section 135.161, Code 2011, into the duties of the medical home system advisory council beginning January 1, 2012.
   Sec. 294.  Section 135.162, subsections 1 and 3, Code 2011, are amended to read as follows:
   1.  The director shall convene a clinicians advisory panel to advise and recommend to the department clinically appropriate, evidence-based best practices regarding the implementation of the medical home as defined in section 135.157 and the prevention and chronic care management initiative pursuant to section 135.161. The director shall act as chairperson of the advisory panel.
   3.  The clinicians advisory panel shall meet on a quarterly basis to receive updates from the director regarding strategic planning and implementation progress on the medical homeand the prevention and chronic care management initiative and shall provide clinical consultation to the department regarding the medical home and the initiative.
   Sec. 295.  Section 136.3, subsection 14, Code 2011, is amended to read as follows:
   14.  Perform those duties authorized pursuant to sections 135.156, and 135.159, and 135.161, and other provisions of law.
   Sec. 296.  REPEAL.  Section 135.161, Code 2011, is repealed.
   Sec. 297.  EFFECTIVE DATE.  This division of this Act takes effect December 31, 2011.

DIVISION XXX

HEALTH AND HUMAN SERVICES

MISCELLANEOUS
   Sec. 298.  Section 29C.20B, Code 2011, is amended to read as follows:
   29C.20B  Disaster case management.
   1.  The rebuild Iowa office homeland security and emergency management division shall work with the department of human services and nonprofit, voluntary, and faith-based organizations active in disaster recovery and response in coordination with the homeland security and emergency management division the department of human services to establish a statewide system of disaster case management to be activated following the governor’s proclamation of a disaster emergency or the declaration of a major disaster by the president of the United States for individual assistance purposes. Under the system, the department of human services homeland security and emergency management division shall coordinate case management services locally through local committees as established in each local emergency management commission’s emergency plan. Beginning July 1, 2011, the department of human services shall assume the duties of the rebuild Iowa office under this subsection.
   2.  The department of human services homeland security and emergency management division, in conjunction with the rebuild Iowa office, the homeland security and emergency management division department of human services, and an Iowa representative to the national voluntary organizations active in disaster, shall adopt rules pursuant to chapter 17A to create coordination mechanisms and standards for the establishment and implementation of a statewide system of disaster case management which shall include at least all of the following:
   a.  Disaster case management standards.
   b.  Disaster case management policies.
   c.  Reporting requirements.
   d.  Eligibility criteria.
   e.  Coordination mechanisms necessary to carry out the services provided.
   f.  Develop formal working relationships with agencies and create interagency agreements for those considered to provide disaster case management services.
   g.  Coordination of all available services for individuals from multiple agencies.
   Sec. 299.  Section 135.106, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  It is the intent of the general assembly that priority for home visitation funding be given to approaches using evidence-based or promising models for home visitation.
   Sec. 300.  Section 147.136, Code 2011, is amended to read as follows:
   147.136  Scope of recovery.
   1.  In Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source except the assets of the claimant or of the members of the claimant’s immediate family.
   2.  This section shall not bar recovery of economic losses replaced or indemnified by any of the following:
   a.  Benefits received under the medical assistance program under chapter 249A.
   b.  The assets of the claimant or of the members of the claimant’s immediate family.
   Sec. 301.  NEW SECTION.  155A.43  Pharmaceutical collection and disposal program —— annual allocation.
   Of the fees collected pursuant to sections 124.301 and 147.80 and chapter 155A by the board of pharmacy, and retained by the board pursuant to section 147.82, not more than one hundred twenty-five thousand dollars, may be allocated annually by the board for administering the pharmaceutical collection and disposal program originally established pursuant to 2009 Iowa Acts, chapter 175, section 9. The program shall provide for the management and disposal of unused, excess, and expired pharmaceuticals. The board of pharmacy may cooperate with the Iowa pharmacy association and may consult with the department and sanitary landfill operators in administering the program.
   Sec. 302.  Section 225B.8, Code 2011, is amended to read as follows:
   225B.8  Repeal.
   This chapter is repealed July 1, 2011 2012.
   Sec. 303.  Section 232.188, subsection 5, paragraph b, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Notwithstanding section 8.33, moneys designated for a project’s decategorization services funding pool that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure as directed by the project’s governance board for child welfare and juvenile justice systems enhancements and other purposes of the project until the close of the succeeding fiscal year and for the next two succeeding fiscal years. Such moneys shall be known as “carryover funding”. Moneys may be made available to a funding pool from one or more of the following sources:
   Sec. 304.  Section 249A.4B, subsection 2, paragraph a, subparagraph (18), Code 2011, is amended to read as follows:
   (18)  The Iowa/Nebraska Iowa primary care association.
   Sec. 305.  REPEAL.  Section 135.27A, Code 2011, is repealed December 31, 2011.

DIVISION XXXI

HEALTH AND HUMAN SERVICES

MEDICAID PRESCRIPTION DRUGS
   Sec. 306.  Section 249A.20A, subsection 4, Code 2011, is amended to read as follows:
   4.  With the exception of drugs prescribed for the treatment of human immunodeficiency virus or acquired immune deficiency syndrome, transplantation, or cancer and drugs prescribed for mental illness with the exception of drugs and drug compounds that do not have a significant variation in a therapeutic profile or side effect profile within a therapeutic class, prescribing and dispensing of prescription drugs not included on the preferred drug list shall be subject to prior authorization.
   Sec. 307.  2010 Iowa Acts, chapter 1031, section 348, is amended to read as follows:
   SEC. 348.
  MEDICAID NONPREFERRED DRUG LIST PRESCRIBING.
   1.  The department shall adopt rules pursuant to chapter 17A to restrict physicians and other prescribers to prescribing not more than a 72-hour or three-day supply of a prescription drug not included on the medical assistance preferred drug list while seeking approval to continue prescribing the medication.
   2.  Notwithstanding subsection 1, the department shall adopt rules pursuant to chapter 17A to restrict a physician or other prescriber prescribing a chemically unique mental health prescription drug to prescribing not more than a seven-day supply of the prescription drug while requesting approval to continue to prescribe the medication. The rules shall provide that if an approval or disapproval is not received by the physician or other prescriber within 48 hours of the request, the request is deemed approved.
   Sec. 308.  REPEAL.  2010 Iowa Acts, chapter 1031, section 349, is repealed.
   Sec. 309.  RESCINDING AND ADOPTION OF RULES.  The department of human services shall rescind the rules adopted pursuant to 2010 Iowa Acts, chapter 1031, section 347, chapter 1031, section 348, subsection 2, and chapter 1031, section 349, and shall instead adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement section 249A.20A, as amended in this division of this Act, and the rules shall be effective immediately upon filing and retroactively applicable to January 1, 2011, unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
   Sec. 310.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This division of this Act, being deemed of immediate importance, takes effect upon enactment and applies retroactively to January 1, 2011.

DIVISION XXXII

HEALTH AND HUMAN SERVICES

IOWA FALSE CLAIMS ACT
   Sec. 311.  Section 685.1, subsection 11, Code 2011, is amended to read as follows:
   11.  “Original source” means an individual who has direct and independent prior to a public disclosure under section 685.3, subsection 5, paragraph “c”, has voluntarily disclosed to the state the information on which the allegations or transactions in a claim are based; or who has knowledge of the information on which the allegations are based that is independent of and materially adds to the publicly disclosed allegations or transactions, and has voluntarily provided the information to the state before filing an action under section 685.3 which is based on the information this chapter.
   Sec. 312.  Section 685.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  “State” means the state of Iowa.
   Sec. 313.  Section 685.2, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   A person who commits any of the following acts is jointly and severally liable to the state for a civil penalty of not less than five thousand dollars and not more than ten thousand dollars the civil penalty allowed under the federal False Claims Act, as codified in 31 U.S.C. § 3729 et seq., as may be adjusted in accordance with the inflation adjustment procedures prescribed in the federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, for each false or fraudulent claim, plus three times the amount of damages which the state sustains because of the act of that person:
   Sec. 314.  Section 685.3, subsection 5, paragraph c, Code 2011, is amended by striking the paragraph and inserting in lieu thereof the following:
   c.  A court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a state criminal, civil, or administrative hearing in which the state or an agent of the state is a party; in a state legislative, state auditor, or other state report, hearing, audit, or investigation; or by the news media, unless the action is brought by the attorney general or the qui tam plaintiff is an original source of the information.
   Sec. 315.  Section 685.3, subsection 6, Code 2011, is amended to read as follows:
   6.
  a.  Any employee, contractor, or agent who shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts performed done by the employee, contractor, or agenton behalf of the employee, contractor, or agent or associated others in furtherance of an action under this section or other efforts to stop a violation one or more violations of this chapter, shall be entitled to all relief necessary to make the employee, contractor, or agent whole. Such relief
   b.  Relief under paragraph “a”shall include reinstatement with the same seniority status such that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. An employee, contractor, or agent may bring an action under this subsection may be brought in the appropriate district court of the state for the relief provided in this subsection.
   c.  A civil action under this subsection shall not be brought more than three years after the date when the retaliation occurred.

DIVISION XXXIII

HEALTH AND HUMAN SERVICES

VOLUNTEER HEALTH CARE PROVIDER PROGRAM
   Sec. 316.  Section 135.24, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Procedures for a hospital to register and act as a sponsor entity for the program. A hospital acting as a sponsor entity under this paragraph shall enter into an agreement with the program to allow an individual health care provider who registers and complies with the requirements of this section to deliver free health care services to uninsured and underinsured individuals at the sponsor entity location. The sponsor entity shall not bill, charge, or receive compensation and shall not be considered a state agency under chapter 669 when acting as a sponsor entity under this paragraph.
   Sec. 317.  Section 135.24, subsection 3, paragraph b, Code 2011, is amended to read as follows:
   b.  Provided medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emergency medical care services through a hospital, clinic, free clinic, field dental clinic, specialty health care provider office, or other health care facility, health care referral program, or charitable organization listed as eligible and participating by the department pursuant to subsection 1 or through a hospital that has entered into a sponsor entity agreement as described in subsection 2.

DIVISION XXXIV

HEALTH AND HUMAN SERVICES

DEPARTMENT ON AGING —— FY 2012-2013
   Sec. 318.  DEPARTMENT ON AGING.  There is appropriated from the general fund of the state to the department on aging for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For aging programs for the department on aging and area agencies on aging to provide citizens of Iowa who are 60 years of age and older with case management for frail elders, Iowa’s aging and disabilities resource center, and other services which may include but are not limited to adult day services, respite care, chore services, information and assistance, and material aid, for information and options counseling for persons with disabilities who are 18 years of age or older, and for salaries, support, administration, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,757,190
............................................... FTEs      35.00
   1.  Funds appropriated in this section may be used to supplement federal funds under federal regulations. To receive funds appropriated in this section, a local area agency on aging shall match the funds with moneys from other sources according to rules adopted by the department. Funds appropriated in this section may be used for elderly services not specifically enumerated in this section only if approved by an area agency on aging for provision of the service within the area.
   2.  The amount appropriated in this section includes additional funding of $382,500 for delivery of long-term care services to older individuals with low or moderate incomes.
   3.  Of the funds appropriated in this section, $152,954 shall be transferred to the department of economic development for the Iowa commission on volunteer services to be used for the retired and senior volunteer program.
   4.
  a.  The department on aging shall establish and enforce procedures relating to expenditure of state and federal funds by area agencies on aging that require compliance with both state and federal laws, rules, and regulations, including but not limited to all of the following:
   (1)  Requiring that expenditures are incurred only for goods or services received or performed prior to the end of the fiscal period designated for use of the funds.
   (2)  Prohibiting prepayment for goods or services not received or performed prior to the end of the fiscal period designated for use of the funds.
   (3)  Prohibiting the prepayment for goods or services not defined specifically by good or service, time period, or recipient.
   (4)  Prohibiting the establishment of accounts from which future goods or services which are not defined specifically by good or service, time period, or recipient, may be purchased.
   b.  The procedures shall provide that if any funds are expended in a manner that is not in compliance with the procedures and applicable federal and state laws, rules, and regulations, and are subsequently subject to repayment, the area agency on aging expending such funds in contravention of such procedures, laws, rules and regulations, not the state, shall be liable for such repayment.

DIVISION XXXV

HEALTH AND HUMAN SERVICES

DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013
   Sec. 319.  DEPARTMENT OF PUBLIC HEALTH.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  ADDICTIVE DISORDERS
   For reducing the prevalence of use of tobacco, alcohol, and other drugs, and treating individuals affected by addictive behaviors, including gambling, and for not more than the following full-time equivalent positions:
.................................................. $ 17,597,712
............................................... FTEs      13.00
   a.
  (1)  Of the funds appropriated in this subsection, $385,756 shall be transferred to the alcoholic beverages division of the department of commerce for enforcement of tobacco laws, regulations, and ordinances in accordance with 2011 Iowa Acts, House File 467, as enacted.
   (2)  Implementation of the tobacco use prevention and control initiative for the fiscal year beginning July 1, 2011, including efforts at the state and local levels, as provided in chapter 142A, shall be limited to the extent of the funding available.
   b.  Of the funds appropriated in this subsection 1, $17,211,956 shall be used for problem gambling and substance abuse prevention, treatment, and recovery services, including a 24-hour helpline, public information resources, professional training, and program evaluation.
   (1)  Of the funds allocated in this paragraph “b”, $14,562,632 shall be used for substance abuse prevention and treatment.
   (a)  Of the funds allocated in this subparagraph (1), $764,405 shall be used for the public purpose of a grant program to provide substance abuse prevention programming for children.
   (i)  Of the funds allocated in this subparagraph division (a), $363,408 shall be used for grant funding for organizations that provide programming for children by utilizing mentors. Programs approved for such grants shall be certified or will be certified within six months of receiving the grant award by the Iowa commission on volunteer services as utilizing the standards for effective practice for mentoring programs.
   (ii)  Of the funds allocated in this subparagraph division (a), $362,813 shall be used for grant funding for organizations that provide programming that includes youth development and leadership. The programs shall also be recognized as being programs that are scientifically based with evidence of their effectiveness in reducing substance abuse in children.
   (iii)  The department of public health shall utilize a request for proposals process to implement the grant program.
   (iv)  All grant recipients shall participate in a program evaluation as a requirement for receiving grant funds.
   (v)  Of the funds allocated in this subparagraph division (a), up to $38,184 may be used to administer substance abuse prevention grants and for program evaluations.
   (b)  Of the funds allocated in this subparagraph (1), $232,103 shall be used for culturally competent substance abuse treatment pilot projects.
   (i)  The department shall utilize the amount allocated in this subparagraph division (b) for at least three pilot projects to provide culturally competent substance abuse treatment in various areas of the state. Each pilot project shall target a particular ethnic minority population. The populations targeted shall include but are not limited to African American, Asian, and Latino.
   (ii)  The pilot project requirements shall provide for documentation or other means to ensure access to the cultural competence approach used by a pilot project so that such approach can be replicated and improved upon in successor programs.
   (2)  Of the funds allocated in this paragraph “b”, up to $2,649,324 may be used for problem gambling prevention, treatment, and recovery services.
   (a)  Of the funds allocated in this subparagraph (2), $2,192,150 shall be used for problem gambling prevention and treatment.
   (b)  Of the funds allocated in this subparagraph (2), up to $372,174 may be used for a 24-hour helpline, public information resources, professional training, and program evaluation.
   (c)  Of the funds allocated in this subparagraph (2), up to $85,000 may be used for the licensing of problem gambling treatment programs.
   (3)  It is the intent of the general assembly that from the moneys allocated in this paragraph “b”, persons with a dual diagnosis of substance abuse and gambling addictions shall be given priority in treatment services.
   c.  Notwithstanding any provision of law to the contrary, to standardize the availability, delivery, cost of delivery, and accountability of problem gambling and substance abuse treatment services statewide, the department shall continue implementation of a process to create a system for delivery of treatment services in accordance with the requirements specified in 2008 Iowa Acts, chapter 1187, section 3, subsection 4. To ensure the system provides a continuum of treatment services that best meets the needs of Iowans, the problem gambling and substance abuse treatment services in any area may be provided either by a single agency or by separate agencies submitting a joint proposal.
   (1)  The system for delivery of substance abuse and problem gambling treatment shall include problem gambling prevention by July 1, 2012. The department shall submit a proposed legislative bill in accordance with section 2.16, for consideration during the 2012 legislative session, addressing any statutory revisions necessary for full implementation of the system.
   (2)  The system for delivery of substance abuse and problem gambling treatment shall include substance abuse prevention by July 1, 2014.
   (3)  Of the funds allocated in paragraph “b”, the department may use up to $85,000 for administrative costs to continue developing and implementing the process in accordance with this paragraph “c”.
   d.  The requirement of section 123.53, subsection 5, is met by the appropriations and allocations made in the health and human services divisions of this Act for purposes of substance abuse treatment and addictive disorders for the fiscal year beginning July 1, 2012.
   e.  The department of public health shall work with all other departments that fund substance abuse prevention and treatment services and all such departments shall, to the extent necessary, collectively meet the state maintenance of effort requirements for expenditures for substance abuse services as required under the federal substance abuse prevention and treatment block grant.
   f.  The department shall amend or otherwise revise departmental policies and contract provisions in order to eliminate free t-shirt distribution, banner production, and other unnecessary promotional expenditures.
   2.  HEALTHY CHILDREN AND FAMILIES
   For promoting the optimum health status for children, adolescents from birth through 21 years of age, and families, and for not more than the following full-time equivalent positions:
.................................................. $  2,205,130
............................................... FTEs      10.00
   a.  Of the funds appropriated in this subsection, not more than $628,420 shall be used for the healthy opportunities to experience success (HOPES)-healthy families Iowa (HFI) program established pursuant to section 135.106. The funding shall be distributed to renew the grants that were provided to the grantees that operated the program during the fiscal year ending June 30, 2012.
   b.  Of the funds appropriated in this subsection, $280,402 shall be used to continue to address the healthy mental development of children from birth through five years of age through local evidence-based strategies that engage both the public and private sectors in promoting healthy development, prevention, and treatment for children.
   c.  Of the funds appropriated in this subsection, $26,857 shall be distributed to a statewide dental carrier to provide funds to continue the donated dental services program patterned after the projects developed by the lifeline network to provide dental services to indigent elderly and disabled individuals.
   d.  Of the funds appropriated in this subsection, $95,775 shall be used for childhood obesity prevention.
   e.  Of the funds appropriated in this subsection, $139,196 shall be used to provide audiological services and hearing aids for children. The department may enter into a contract to administer this paragraph.
   3.  CHRONIC CONDITIONS
   For serving individuals identified as having chronic conditions or special health care needs, and for not more than the following full-time equivalent positions:
.................................................. $  2,922,802
............................................... FTEs       4.00
   a.  Of the funds appropriated in this subsection, $136,495 shall be used for grants to individual patients who have phenylketonuria (PKU) to assist with the costs of necessary special foods.
   b.  Of the funds appropriated in this subsection, $411,060 is allocated for continuation of the contracts for resource facilitator services in accordance with section 135.22B, subsection 9, and for brain injury training services and recruiting of service providers to increase the capacity within this state to address the needs of individuals with brain injuries and such individuals’ families.
   c.  Of the funds appropriated in this subsection, $398,543 shall be used as additional funding to leverage federal funding through the federal Ryan White Care Act, Tit. II, AIDS drug assistance program supplemental drug treatment grants.
   d.  Of the funds appropriated in this subsection, $26,566 shall be used for the public purpose of providing a grant to an existing national-affiliated organization to provide education, client-centered programs, and client and family support for people living with epilepsy and their families.
   e.  Of the funds appropriated in this subsection, $670,057 shall be used for child health specialty clinics.
   f.  Of the funds appropriated in this subsection, $604,394 shall be used for the comprehensive cancer control program to reduce the burden of cancer in Iowa through prevention, early detection, effective treatment, and ensuring quality of life. Of the funds allocated in this lettered paragraph, $309,389 shall be used to support a melanoma research symposium, a melanoma biorepository and registry, basic and translational melanoma research, and clinical trials.
   g.  Of the funds appropriated in this subsection, $107,483 shall be used for cervical and colon cancer screening.
   h.  Of the funds appropriated in this subsection, $358,515 shall be used for the center for congenital and inherited disorders.
   i.  Of the funds appropriated in this subsection, $110,446 shall be used for the prescription drug donation repository program created in chapter 135M.
   4.  COMMUNITY CAPACITY
   For strengthening the health care delivery system at the local level, and for not more than the following full-time equivalent positions:
.................................................. $  3,751,954
............................................... FTEs      14.00
   a.  Of the funds appropriated in this subsection, $85,000 is allocated for a child vision screening program implemented through the university of Iowa hospitals and clinics in collaboration with early childhood Iowa areas.
   b.  Of the funds appropriated in this subsection, $94,612 is allocated for continuation of an initiative implemented at the university of Iowa and $85,419 is allocated for continuation of an initiative at the state mental health institute at Cherokee to expand and improve the workforce engaged in mental health treatment and services. The initiatives shall receive input from the university of Iowa, the department of human services, the department of public health, and the mental health, mental retardation, developmental disabilities, and brain injury commission to address the focus of the initiatives.
   c.  Of the funds appropriated in this subsection, $995,767 shall be used for essential public health services that promote healthy aging throughout the lifespan, contracted through a formula for local boards of health, to enhance health promotion and disease prevention services.

   d.  Of the funds appropriated in this section, $103,544 shall be deposited in the governmental public health system fund created in section 135A.8 to be used for the purposes of the fund.
   e.  Of the funds appropriated in this subsection, $90,337 shall be used for the mental health professional shortage area program implemented pursuant to section 135.80.
   f.  Of the funds appropriated in this subsection, $32,524 shall be used for a grant to a statewide association of psychologists that is affiliated with the American psychological association to be used for continuation of a program to rotate intern psychologists in placements in urban and rural mental health professional shortage areas, as defined in section 135.80.
   g.  Of the funds appropriated in this subsection, the following amounts shall be allocated to the Iowa collaborative safety net provider network established pursuant to section 135.153 to be used for the purposes designated. The following amounts allocated under this lettered paragraph shall be distributed to the specified provider and shall not be reduced for administrative or other costs prior to distribution:
   (1)  For distribution to the Iowa primary care association for statewide coordination of the Iowa collaborative safety net provider network:
.................................................. $     99,107
   (2)  For distribution to the local boards of health that provide direct services for pilot programs in three counties to assist patients in determining an appropriate medical home:
.................................................. $     58,082
   (3)  For distribution to maternal and child health centers for pilot programs in three counties to assist patients in determining an appropriate medical home:
.................................................. $     58,082
   (4)  For distribution to free clinics for necessary infrastructure, statewide coordination, provider recruitment, service delivery, and provision of assistance to patients in determining an appropriate medical home:
.................................................. $     96,691
   (5)  For distribution to rural health clinics for necessary infrastructure, statewide coordination, provider recruitment, service delivery, and provision of assistance to patients in determining an appropriate medical home:
.................................................. $     86,074
   (6)  For continuation of the safety net provider patient access to specialty health care initiative as described in 2007 Iowa Acts, chapter 218, section 109:
.................................................. $    202,657
   (7)  For continuation of the pharmaceutical infrastructure for safety net providers as described in 2007 Iowa Acts, chapter 218, section 108:
.................................................. $    210,452
   The Iowa collaborative safety net provider network may continue to distribute funds allocated pursuant to this lettered paragraph through existing contracts or renewal of existing contracts.
   h.  Of the funds appropriated in this subsection, $85,000 shall be used for continued implementation of the recommendations of the direct care worker task force established pursuant to 2005 Iowa Acts, chapter 88, based upon the report submitted to the governor and the general assembly in December 2006. The department may use a portion of the funds allocated in this lettered paragraph for an additional position to assist in the continued implementation.
   i.  Of the funds appropriated in this subsection, $127,500 shall be used for allocation through a request for proposals process to an independent statewide direct care worker association for education, outreach, and mentoring intended to enhance the recruitment and retention of direct care workers in health care and long-term care settings. Funding allocated under this paragraph shall not be used by the recipient association for lobbying activities as described in section 689B.36.
   j.  The department may utilize one of the full-time equivalent positions authorized in this subsection for administration of the activities related to the Iowa collaborative safety net provider network.
   k.  Of the funds appropriated in this subsection, the department may use up to $51,000 for up to one full-time equivalent position to administer the volunteer health care provider program pursuant to section 135.24.
   l.  Of the funds appropriated in this subsection, $42,500 shall be used for a matching dental education loan repayment program to be allocated to a dental nonprofit health service corporation to develop the criteria and implement the loan repayment program.
   m.  Of the funds appropriated in this subsection, $309,389 shall be used as state matching funds for the health information network as established by the department of public health.
   5.  HEALTHY AGING
   To provide public health services that reduce risks and invest in promoting and protecting good health over the course of a lifetime with a priority given to older Iowans and vulnerable populations:
.................................................. $  6,202,571
   a.  Of the funds appropriated in this subsection, $1,707,809 shall be used for local public health nursing services.
   b.  Of the funds appropriated in this subsection, $4,494,762 shall be used for home care aide services.
   6.  ENVIRONMENTAL HAZARDS
   For reducing the public’s exposure to hazards in the environment, primarily chemical hazards, and for not more than the following full-time equivalent positions:
.................................................. $    691,710
............................................... FTEs       4.00
   Of the funds appropriated in this subsection, $462,720 shall be used for childhood lead poisoning provisions.
   7.  INFECTIOUS DISEASES
   For reducing the incidence and prevalence of communicable diseases, and for not more than the following full-time equivalent positions:
.................................................. $  1,143,970
............................................... FTEs       4.00
   8.  PUBLIC PROTECTION
   For protecting the health and safety of the public through establishing standards and enforcing regulations, and for not more than the following full-time equivalent positions:
.................................................. $  2,359,797
............................................... FTEs     125.00
   a.  Of the funds appropriated in this subsection, not more than $400,936 shall be credited to the emergency medical services fund created in section 135.25. Moneys in the emergency medical services fund are appropriated to the department to be used for the purposes of the fund.
   b.  Of the funds appropriated in this subsection, $179,026 shall be used for sexual violence prevention programming through a statewide organization representing programs serving victims of sexual violence through the department’s sexual violence prevention program. The amount allocated in this lettered paragraph shall not be used to supplant funding administered for other sexual violence prevention or victims assistance programs.
   c.  Of the funds appropriated in this subsection, not more than $371,095 shall be used for the state poison control center.
   9.  RESOURCE MANAGEMENT
   For establishing and sustaining the overall ability of the department to deliver services to the public, and for not more than the following full-time equivalent positions:
.................................................. $    696,621
............................................... FTEs       7.00
   The university of Iowa hospitals and clinics under the control of the state board of regents shall not receive indirect costs from the funds appropriated in this section. The university of Iowa hospitals and clinics billings to the department shall be on at least a quarterly basis.

DIVISION XXXVI

HEALTH AND HUMAN SERVICES

DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013
   Sec. 320.  DEPARTMENT OF VETERANS AFFAIRS.  There is appropriated from the general fund of the state to the department of veterans affairs for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
   For salaries, support, maintenance, and miscellaneous purposes, including the war orphans educational assistance fund created in section 35.8, and for not more than the following full-time equivalent positions:
.................................................. $    849,007
............................................... FTEs      16.34
   2.  IOWA VETERANS HOME
   For salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  7,609,328
   a.  The Iowa veterans home billings involving the department of human services shall be submitted to the department on at least a monthly basis.
   b.  If there is a change in the employer of employees providing services at the Iowa veterans home under a collective bargaining agreement, such employees and the agreement shall be continued by the successor employer as though there had not been a change in employer.
   c.  Within available resources and in conformance with associated state and federal program eligibility requirements, the Iowa veterans home may implement measures to provide financial assistance to or on behalf of veterans or their spouses participating in the community reentry program.
   3.  STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED VETERANS
   For provision of educational assistance pursuant to section 35.9:
.................................................. $     10,554
   Sec. 321.  LIMITATION OF COUNTY COMMISSION OF VETERANS AFFAIRS FUND STANDING APPROPRIATIONS.  Notwithstanding the standing appropriation in the following designated section for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the amounts appropriated from the general fund of the state pursuant to that section for the following designated purposes shall not exceed the following amount:
   For the county commissions of veterans affairs fund under section 35A.16:
.................................................. $    841,500

DIVISION XXXVII

HEALTH AND HUMAN SERVICES

DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013
   Sec. 322.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.  There is appropriated from the fund created in section 8.41 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, from moneys received under the federal temporary assistance for needy families (TANF) block grant pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, and successor legislation, and from moneys received under the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  To be credited to the family investment program account and used for assistance under the family investment program under chapter 239B:
.................................................. $ 18,275,627
   2.  To be credited to the family investment program account and used for the job opportunities and basic skills (JOBS) program and implementing family investment agreements in accordance with chapter 239B:
.................................................. $ 10,549,799
   3.  To be used for the family development and self-sufficiency grant program in accordance with section 216A.107:
.................................................. $  2,464,133
   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. However, unless such moneys are encumbered or obligated on or before September 30, 2013, the moneys shall revert.
   4.  For field operations:
.................................................. $ 26,601,797
   5.  For general administration:
.................................................. $  3,182,400
   6.  For state child care assistance:
.................................................. $ 13,925,284
   The funds appropriated in this subsection shall be transferred to the child care and development block grant appropriation made by the Eighty-fourth General Assembly, 2012 Session, for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013. Of this amount, $170,000 shall be used for provision of educational opportunities to registered child care home providers in order to improve services and programs offered by this category of providers and to increase the number of providers. The department may contract with institutions of higher education or child care resource and referral centers to provide the educational opportunities. Allowable administrative costs under the contracts shall not exceed 5 percent. The application for a grant shall not exceed two pages in length.
   7.  For mental health and developmental disabilities community services:
.................................................. $  4,159,944
   8.  For child and family services:
.................................................. $ 27,271,766
   9.  For child abuse prevention grants:
.................................................. $    106,250
   10.  For pregnancy prevention grants on the condition that family planning services are funded:
.................................................. $  1,640,557
   Pregnancy prevention grants shall be awarded to pregnancy prevention programs that are based on existing models that have demonstrated positive outcomes. Grants shall comply with the requirements provided in 1997 Iowa Acts, chapter 208, section 14, subsections 1 and 2, including the requirement that grant programs must emphasize sexual abstinence. Priority in the awarding of grants shall be given to programs that serve areas of the state which demonstrate the highest percentage of unplanned pregnancies of females of childbearing age within the geographic area to be served by the grant.
   11.  For technology needs and other resources necessary to meet federal welfare reform reporting, tracking, and case management requirements:
.................................................. $    881,608
   12.  To be credited to the state child care assistance appropriation made in this section to be used for funding of community-based early childhood programs targeted to children from birth through five years of age developed by early childhood Iowa areas as provided in section 256I.11:
.................................................. $  5,397,500
   The department shall transfer TANF block grant funding appropriated and allocated in this subsection to the child care and development block grant appropriation in accordance with federal law as necessary to comply with the provisions of this subsection.
   13.
  a.  Notwithstanding any provision to the contrary, including but not limited to requirements in section 8.41 or provisions in 2011 or 2012 Iowa Acts regarding the receipt and appropriation of federal block grants, federal funds from the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 § 2101, received by the state during the fiscal year beginning July 1, 2011, and ending June 30, 2012, not otherwise appropriated in this section and remaining available as of July 1, 2012, and received by the state during the fiscal year beginning July 1, 2012, and ending June 30, 2013, are appropriated to the extent as may be necessary to be used in the following priority order:  the family investment program for the fiscal year and for state child care assistance program payments for individuals enrolled in the family investment program who are employed. The federal funds appropriated in this paragraph “a” shall be expended only after all other funds appropriated in subsection 1 for the assistance under the family investment program under chapter 239B have been expended.
   b.  The department shall, on a quarterly basis, advise the legislative services agency and department of management of the amount of funds appropriated in this subsection that was expended in the prior quarter.
   14.  Of the amounts appropriated in this section, $11,017,707 for the fiscal year beginning July 1, 2012, shall be transferred to the appropriation of the federal social services block grant made for that fiscal year.

   15.  For continuation of the program allowing the department to maintain categorical eligibility for the food assistance program as required under the section of this division of this Act relating to the family investment account:
.................................................. $    124,161
   16.  The department may transfer funds allocated in this section to the appropriations made in this division of this Act for general administration and field operations for resources necessary to implement and operate the services referred to in this section and those funded in the appropriation made in this division of this Act for the family investment program from the general fund of the state.
   Sec. 323.  FAMILY INVESTMENT PROGRAM ACCOUNT.
   1.  Moneys credited to the family investment program (FIP) account for the fiscal year beginning July 1, 2012, and ending June 30, 2013, shall be used to provide assistance in accordance with chapter 239B.
   2.  The department may use a portion of the moneys credited to the FIP account under this section as necessary for salaries, support, maintenance, and miscellaneous purposes.
   3.  The department may transfer funds allocated in this section to the appropriations in this division of this Act for general administration and field operations for resources necessary to implement and operate the services referred to in this section and those funded in the appropriation made in this division of this Act for the family investment program from the general fund of the state.
   4.  Moneys appropriated in this division of this Act and credited to the FIP account for the fiscal year beginning July 1, 2012, and ending June 30, 2013, are allocated as follows:
   a.  To be retained by the department of human services to be used for coordinating with the department of human rights to more effectively serve participants in the FIP program and other shared clients and to meet federal reporting requirements under the federal temporary assistance for needy families block grant:
.................................................. $     17,000
   b.  To the department of human rights for staffing, administration, and implementation of the family development and self-sufficiency grant program in accordance with section 216A.107:
.................................................. $  4,541,409
   (1)  Of the funds allocated for the family development and self-sufficiency grant program in this lettered paragraph, not more than 5 percent of the funds shall be used for the administration of the grant program.
   (2)  The department of human rights may continue to implement the family development and self-sufficiency grant program statewide during fiscal year 2012-2013.
   c.  For the diversion subaccount of the FIP account:
.................................................. $  1,443,640
   A portion of the moneys allocated for the subaccount may be used for field operations salaries, data management system development, and implementation costs and support deemed necessary by the director of human services in order to administer the FIP diversion program.
   d.  For the food stamp employment and training program:
.................................................. $     56,600
   (1)  The department shall amend the food stamp employment and training state plan in order to maximize to the fullest extent permitted by federal law the use of the 50-50 match provisions for the claiming of allowable federal matching funds from the United States department of agriculture pursuant to the federal food stamp employment and training program for providing education, employment, and training services for eligible food assistance program participants, including but not limited to related dependent care and transportation expenses.
   (2)  The department shall continue the categorical federal food assistance program eligibility at 160 percent of the federal poverty level and continue to eliminate the asset test from eligibility requirements, consistent with federal food assistance program requirements. The department shall include as many food assistance households as is allowed by federal law. The eligibility provisions shall conform to all federal requirements including requirements addressing individuals who are incarcerated or otherwise ineligible.
   e.  For the JOBS program:
.................................................. $ 17,200,519
   5.  Of the child support collections assigned under FIP, an amount equal to the federal share of support collections shall be credited to the child support recovery appropriation made in this division of this Act. Of the remainder of the assigned child support collections received by the child support recovery unit, a portion shall be credited to the FIP account, a portion may be used to increase recoveries, and a portion may be used to sustain cash flow in the child support payments account. If as a consequence of the appropriations and allocations made in this section the resulting amounts are insufficient to sustain cash assistance payments and meet federal maintenance of effort requirements, the department shall seek supplemental funding. If child support collections assigned under FIP are greater than estimated or are otherwise determined not to be required for maintenance of effort, the state share of either amount may be transferred to or retained in the child support payment account.
   6.  The department may adopt emergency rules for the family investment, JOBS, food stamp, and medical assistance programs if necessary to comply with federal requirements.
   Sec. 324.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   To be credited to the family investment program (FIP) account and used for family investment program assistance under chapter 239B:
.................................................. $ 42,645,373
   1.  Of the funds appropriated in this section, $6,650,720 is allocated for the JOBS program.
   2.  Of the funds appropriated in this section, $2,094,276 is allocated for the family development and self-sufficiency grant program.
   3.  Notwithstanding section 8.39, for the fiscal year beginning July 1, 2012, if necessary to meet federal maintenance of effort requirements or to transfer federal temporary assistance for needy families block grant funding to be used for purposes of the federal social services block grant or to meet cash flow needs resulting from delays in receiving federal funding or to implement, in accordance with this division of this Act, activities currently funded with juvenile court services, county, or community moneys and state moneys used in combination with such moneys, the department of human services may transfer funds within or between any of the appropriations made in this division of this Act and appropriations in law for the federal social services block grant to the department for the following purposes, provided that the combined amount of state and federal temporary assistance for needy families block grant funding for each appropriation remains the same before and after the transfer:
   a.  For the family investment program.
   b.  For child care assistance.
   c.  For child and family services.
   d.  For field operations.
   e.  For general administration.
   f.  MH/MR/DD/BI community services (local purchase).
   This subsection shall not be construed to prohibit the use of existing state transfer authority for other purposes. The department shall report any transfers made pursuant to this subsection to the legislative services agency.

   4.  Of the funds appropriated in this section, $166,326 shall be used for continuation of a grant to an Iowa-based nonprofit organization with a history of providing tax preparation assistance to low-income Iowans in order to expand the usage of the earned income tax credit. The purpose of the grant is to supply this assistance to underserved areas of the state.
   Sec. 325.  CHILD SUPPORT RECOVERY.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For child support recovery, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 11,087,783
............................................... FTEs     475.00
   1.  The department shall expend up to $20,680, including federal financial participation, for the fiscal year beginning July 1, 2012, for a child support public awareness campaign. The department and the office of the attorney general shall cooperate in continuation of the campaign. The public awareness campaign shall emphasize, through a variety of media activities, the importance of maximum involvement of both parents in the lives of their children as well as the importance of payment of child support obligations.
   2.  Federal access and visitation grant moneys shall be issued directly to private not-for-profit agencies that provide services designed to increase compliance with the child access provisions of court orders, including but not limited to neutral visitation sites and mediation services.
   3.  The appropriation made to the department for child support recovery may be used throughout the fiscal year in the manner necessary for purposes of cash flow management, and for cash flow management purposes the department may temporarily draw more than the amount appropriated, provided the amount appropriated is not exceeded at the close of the fiscal year.
   4.  With the exception of the funding amount specified, the requirements established under 2001 Iowa Acts, chapter 191, section 3, subsection 5, paragraph “c”, subparagraph (3), shall be applicable to parental obligation pilot projects for the fiscal year beginning July 1, 2012, and ending June 30, 2013. Notwithstanding 441 IAC 100.8, providing for termination of rules relating to the pilot projects, the rules shall remain in effect until June 30, 2013.
   Sec. 326.  HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE.  Any funds remaining in the health care trust fund created in section 453A.35A for the fiscal year beginning July 1, 2012, and ending June 30, 2013, are appropriated to the department of human services to supplement the medical assistance program appropriations made in the health and human services divisions of this Act, for medical assistance reimbursement and associated costs, including program administration and costs associated with implementation.
   Sec. 327.  MEDICAL ASSISTANCE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For medical assistance reimbursement and associated costs as specifically provided in the reimbursement methodologies in effect on June 30, 2012, except as otherwise expressly authorized by law, including reimbursement for abortion services which shall be available under the medical assistance program only for those abortions which are medically necessary:
.................................................. $907,162,189
   1.  Medically necessary abortions are those performed under any of the following conditions:
   a.  The attending physician certifies that continuing the pregnancy would endanger the life of the pregnant woman.
   b.  Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
   2.  The department shall utilize not more than $60,000 of the funds appropriated in this section to continue the AIDS/HIV health insurance premium payment program as established in 1992 Iowa Acts, Second Extraordinary Session, chapter 1001, section 409, subsection 6. Of the funds allocated in this subsection, not more than $5,000 may be expended for administrative purposes.
   3.  Of the funds appropriated in the department of public health division of this Act to the department of public health for addictive disorders for FY 2012-2013, $950,000 for the fiscal year beginning July 1, 2012, shall be transferred to the department of human services for an integrated substance abuse managed care system. The department shall not assume management of the substance abuse system in place of the managed care contractor unless such a change in approach is specifically authorized in law. The departments of human services and public health shall work together to maintain the level of mental health and substance abuse services provided by the managed care contractor through the Iowa plan for behavioral health. Each department shall take the steps necessary to continue the federal waivers as necessary to maintain the level of services.
   4.
  a.  The department shall aggressively pursue options for providing medical assistance or other assistance to individuals with special needs who become ineligible to continue receiving services under the early and periodic screening, diagnostic, and treatment program under the medical assistance program due to becoming 21 years of age who have been approved for additional assistance through the department’s exception to policy provisions, but who have health care needs in excess of the funding available through the exception to policy provisions.
   b.  Of the funds appropriated in this section, $100,000 shall be used for participation in one or more pilot projects operated by a private provider to allow the individual or individuals to receive service in the community in accordance with principles established in Olmstead v. L.C., 527 U.S. 581 (1999), for the purpose of providing medical assistance or other assistance to individuals with special needs who become ineligible to continue receiving services under the early and periodic screening, diagnosis, and treatment program under the medical assistance program due to becoming 21 years of age who have been approved for additional assistance through the department’s exception to policy provisions, but who have health care needs in excess of the funding available through the exception to the policy provisions.
   5.  Of the funds appropriated in this section, up to $3,050,082 may be transferred to the field operations or general administration appropriations in this division of this Act for operational costs associated with Part D of the federal Medicare Prescription Drug Improvement and Modernization Act of 2003, Pub. L. No. 108-173.
   6.  Of the funds appropriated in this section, up to $442,100 may be transferred to the appropriation in this division of this Act for medical contracts to be used for clinical assessment services and prior authorization of services.
   7.  A portion of the funds appropriated in this section may be transferred to the appropriations in this division of this Act for general administration, medical contracts, the children’s health insurance program, or field operations to be used for the state match cost to comply with the payment error rate measurement (PERM) program for both the medical assistance and children’s health insurance programs as developed by the centers for Medicare and Medicaid services of the United States department of health and human services to comply with the federal Improper Payments Information Act of 2002, Pub. L. No. 107-300.
   8.  It is the intent of the general assembly that the department continue to implement the recommendations of the assuring better child health and development initiative II (ABCDII) clinical panel to the Iowa early and periodic screening, diagnostic, and treatment services healthy mental development collaborative board regarding changes to billing procedures, codes, and eligible service providers.
   9.  Of the funds appropriated in this section, a sufficient amount is allocated to supplement the incomes of residents of nursing facilities, intermediate care facilities for persons with mental illness, and intermediate care facilities for persons with mental retardation, with incomes of less than $50 in the amount necessary for the residents to receive a personal needs allowance of $50 per month pursuant to section 249A.30A.
   10.  Of the funds appropriated in this section, the following amounts shall be transferred to the appropriations made in this division of this Act for the state mental health institutes:
   a.  Cherokee mental health institute .......... $ 9,098,425
   b.  Clarinda mental health institute .......... $ 1,977,305
   c.  Independence mental health institute ...... $ 9,045,894
   d.  Mount Pleasant mental health institute .... $ 5,752,587
   11.
  a.  Of the funds appropriated in this section, $7,425,684 is allocated for the state match for a disproportionate share hospital payment of $19,133,430 to hospitals that meet both of the conditions specified in subparagraphs (1) and (2). In addition, the hospitals that meet the conditions specified shall either certify public expenditures or transfer to the medical assistance program an amount equal to provide the nonfederal share for a disproportionate share hospital payment of $7,500,000. The hospitals that meet the conditions specified shall receive and retain 100 percent of the total disproportionate share hospital payment of $26,633,430.
   (1)  The hospital qualifies for disproportionate share and graduate medical education payments.
   (2)  The hospital is an Iowa state-owned hospital with more than 500 beds and eight or more distinct residency specialty or subspecialty programs recognized by the American college of graduate medical education.
   b.  Distribution of the disproportionate share payments shall be made on a monthly basis. The total amount of disproportionate share payments including graduate medical education, enhanced disproportionate share, and Iowa state-owned teaching hospital payments shall not exceed the amount of the state’s allotment under Pub. L. No. 102-234. In addition, the total amount of all disproportionate share payments shall not exceed the hospital-specific disproportionate share limits under Pub. L. No. 103-66.
   12.  The university of Iowa hospitals and clinics shall either certify public expenditures or transfer to the medical assistance appropriation an amount equal to provide the nonfederal share for increased medical assistance payments for inpatient and outpatient hospital services of $9,900,000. The university of Iowa hospitals and clinics shall receive and retain 100 percent of the total increase in medical assistance payments.
   13.  Of the funds appropriated in this section, up to $4,480,304 may be transferred to the IowaCare account created in section 249J.24.
   14.  Of the funds appropriated in this section, $200,000 shall be used for the Iowa chronic care consortium pursuant to 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 Iowa Acts, chapter 179, sections 166 and 167.
   15.  One hundred percent of the nonfederal share of payments to area education agencies that are medical assistance providers for medical assistance-covered services provided to medical assistance-covered children, shall be made from the appropriation made in this section.
   16.  Any new or renewed contract entered into by the department with a third party to administer behavioral health services under the medical assistance program shall provide that any interest earned on payments from the state during the state fiscal year shall be remitted to the department and treated as recoveries to offset the costs of the medical assistance program.

   17.  The department shall continue to implement the provisions in 2007 Iowa Acts, chapter 218, section 124 and section 126, as amended by 2008 Iowa Acts, chapter 1188, section 55, relating to eligibility for certain persons with disabilities under the medical assistance program in accordance with the federal family opportunity Act.
   18.  A portion of the funds appropriated in this section may be transferred to the appropriation in this division of this Act for medical contracts to be used for administrative activities associated with the money follows the person demonstration project.
   19.  Of the funds appropriated in this section, $349,011 shall be used for the administration of the health insurance premium payment program, including salaries, support, maintenance, and miscellaneous purposes for the fiscal year beginning July 1, 2012.
   20.  Notwithstanding any provision of law to the contrary, the department of human services shall continue implementation of the amended section 1915(b) waiver and Iowa plan contract for inclusion of remedial services under the Iowa plan contract for the fiscal year beginning July 1, 2012.
   Sec. 328.  MEDICAL CONTRACTS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For medical contracts:
.................................................. $  4,950,267
   The department of inspections and appeals shall provide all state matching funds for survey and certification activities performed by the department of inspections and appeals. The department of human services is solely responsible for distributing the federal matching funds for such activities.
   Sec. 329.  STATE SUPPLEMENTARY ASSISTANCE.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the state supplementary assistance program:
.................................................. $ 14,323,135
   2.  The department shall increase the personal needs allowance for residents of residential care facilities by the same percentage and at the same time as federal supplemental security income and federal social security benefits are increased due to a recognized increase in the cost of living. The department may adopt emergency rules to implement this subsection.
   3.  If during the fiscal year beginning July 1, 2012, the department projects that state supplementary assistance expenditures for a calendar year will not meet the federal pass-through requirement specified in Tit. XVI of the federal Social Security Act, section 1618, as codified in 42 U.S.C. § 1382g, the department may take actions including but not limited to increasing the personal needs allowance for residential care facility residents and making programmatic adjustments or upward adjustments of the residential care facility or in-home health-related care reimbursement rates prescribed in this division of this Act to ensure that federal requirements are met. In addition, the department may make other programmatic and rate adjustments necessary to remain within the amount appropriated in this section while ensuring compliance with federal requirements. The department may adopt emergency rules to implement the provisions of this subsection.
   Sec. 330.  CHILDREN’S HEALTH INSURANCE PROGRAM.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For maintenance of the healthy and well kids in Iowa (hawk-i) program pursuant to chapter 514I, including supplemental dental services, for receipt of federal financial participation under Tit. XXI of the federal Social Security Act, which creates the children’s health insurance program:
.................................................. $ 27,775,579
   Sec. 331.  CHILD CARE ASSISTANCE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For child care programs:
.................................................. $ 46,952,013
   1.  Of the funds appropriated in this section, $44,088,000 shall be used for state child care assistance in accordance with section 237A.13.
   2.  Nothing in this section shall be construed or is intended as or shall imply a grant of entitlement for services to persons who are eligible for assistance due to an income level consistent with the waiting list requirements of section 237A.13. Any state obligation to provide services pursuant to this section is limited to the extent of the funds appropriated in this section.
   3.  Of the funds appropriated in this section, $367,585 is allocated for the statewide program for child care resource and referral services under section 237A.26. A list of the registered and licensed child care facilities operating in the area served by a child care resource and referral service shall be made available to the families receiving state child care assistance in that area.
   4.  Of the funds appropriated in this section, $796,428 is allocated for child care quality improvement initiatives including but not limited to the voluntary quality rating system in accordance with section 237A.30.
   5.  The department may use any of the funds appropriated in this section as a match to obtain federal funds for use in expanding child care assistance and related programs. For the purpose of expenditures of state and federal child care funding, funds shall be considered obligated at the time expenditures are projected or are allocated to the department’s service areas. Projections shall be based on current and projected caseload growth, current and projected provider rates, staffing requirements for eligibility determination and management of program requirements including data systems management, staffing requirements for administration of the program, contractual and grant obligations and any transfers to other state agencies, and obligations for decategorization or innovation projects.
   6.  A portion of the state match for the federal child care and development block grant shall be provided as necessary to meet federal matching funds requirements through the state general fund appropriation made for child development grants and other programs for at-risk children in section 279.51.
   7.  If a uniform reduction ordered by the governor under section 8.31 or other operation of law, transfer, or federal funding reduction reduces the appropriation made in this section for the fiscal year, the percentage reduction in the amount paid out to or on behalf of the families participating in the state child care assistance program shall be equal to or less than the percentage reduction made for any other purpose payable from the appropriation made in this section and the federal funding relating to it. The percentage reduction to the other allocations made in this section shall be the same as the uniform reduction ordered by the governor or the percentage change of the federal funding reduction, as applicable. If there is an unanticipated increase in federal funding provided for state child care assistance, the entire amount of the increase shall be used for state child care assistance payments. If the appropriations made for purposes of the state child care assistance program for the fiscal year are determined to be insufficient, it is the intent of the general assembly to appropriate sufficient funding for the fiscal year in order to avoid establishment of waiting list requirements.
   8.  Notwithstanding section 8.33, moneys appropriated in this section or received from the federal appropriations made for the purposes of this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 332.  JUVENILE INSTITUTIONS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For operation of the Iowa juvenile home at Toledo and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  7,019,513
............................................... FTEs     114.00
   2.  For operation of the state training school at Eldora and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  9,042,875
............................................... FTEs     164.30
   Of the funds appropriated in this subsection, $77,478 shall be used for distribution to licensed classroom teachers at this and other institutions under the control of the department of human services based upon the average student yearly enrollment at each institution as determined by the department.

   3.  A portion of the moneys appropriated in this section shall be used by the state training school and by the Iowa juvenile home for grants for adolescent pregnancy prevention activities at the institutions in the fiscal year beginning July 1, 2012.
   Sec. 333.  CHILD AND FAMILY SERVICES.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For child and family services:
.................................................. $ 69,981,332
   2.  In order to address a reduction of $5,200,000 from the amount allocated under the appropriation made for the purposes of this section in prior years for purposes of juvenile delinquent graduated sanction services, up to $4,420,000 of the amount of federal temporary assistance for needy families block grant funding appropriated in this division of this Act for child and family services shall be made available for purposes of juvenile delinquent graduated sanction services.
   3.  The department may transfer funds appropriated in this section as necessary to pay the nonfederal costs of services reimbursed under the medical assistance program, state child care assistance program, or the family investment program which are provided to children who would otherwise receive services paid under the appropriation in this section. The department may transfer funds appropriated in this section to the appropriations made in this division of this Act for general administration and for field operations for resources necessary to implement and operate the services funded in this section.
   4.
  a.  Of the funds appropriated in this section, up to $25,643,760 is allocated as the statewide expenditure target under section 232.143 for group foster care maintenance and services. If the department projects that such expenditures for the fiscal year will be less than the target amount allocated in this lettered paragraph, the department may reallocate the excess to provide additional funding for shelter care or the child welfare emergency services addressed with the allocation for shelter care.
   b.  If at any time after September 30, 2012, annualization of a service area’s current expenditures indicates a service area is at risk of exceeding its group foster care expenditure target under section 232.143 by more than 5 percent, the department and juvenile court services shall examine all group foster care placements in that service area in order to identify those which might be appropriate for termination. In addition, any aftercare services believed to be needed for the children whose placements may be terminated shall be identified. The department and juvenile court services shall initiate action to set dispositional review hearings for the placements identified. In such a dispositional review hearing, the juvenile court shall determine whether needed aftercare services are available and whether termination of the placement is in the best interest of the child and the community.
   5.  In accordance with the provisions of section 232.188, the department shall continue the child welfare and juvenile justice funding initiative during fiscal year 2012-2013. Of the funds appropriated in this section, $1,460,090 is allocated specifically for expenditure for fiscal year 2012-2013 through the decategorization service funding pools and governance boards established pursuant to section 232.188.
   6.  A portion of the funds appropriated in this section may be used for emergency family assistance to provide other resources required for a family participating in a family preservation or reunification project or successor project to stay together or to be reunified.
   7.  Notwithstanding section 234.35 or any other provision of law to the contrary, state funding for shelter care and the child welfare emergency services contracting implemented to provide for or prevent the need for shelter care shall be limited to $6,094,599. The department may execute contracts that result from the department’s request for proposal, bid number ACFS-11-114, to provide the range of child welfare emergency services described in the request for proposals, and any subsequent amendments to the request for proposals.
   8.  Federal funds received by the state during the fiscal year beginning July 1, 2012, as the result of the expenditure of state funds appropriated during a previous state fiscal year for a service or activity funded under this section are appropriated to the department to be used as additional funding for services and purposes provided for under this section. Notwithstanding section 8.33, moneys received in accordance with this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for the purposes designated until the close of the succeeding fiscal year.
   9.  Of the funds appropriated in this section, at least $3,141,842 shall be used for protective child care assistance.
   10.
  a.  Of the funds appropriated in this section, up to $1,753,115 is allocated for the payment of the expenses of court-ordered services provided to juveniles who are under the supervision of juvenile court services, which expenses are a charge upon the state pursuant to section 232.141, subsection 4. Of the amount allocated in this lettered paragraph, up to $1,322,844 shall be made available to provide school-based supervision of children adjudicated under chapter 232, of which not more than $12,750 may be used for the purpose of training. A portion of the cost of each school-based liaison officer shall be paid by the school district or other funding source as approved by the chief juvenile court officer.
   b.  Of the funds appropriated in this section, up to $636,637 is allocated for the payment of the expenses of court-ordered services provided to children who are under the supervision of the department, which expenses are a charge upon the state pursuant to section 232.141, subsection 4.
   c.  Notwithstanding section 232.141 or any other provision of law to the contrary, the amounts allocated in this subsection shall be distributed to the judicial districts as determined by the state court administrator and to the department’s service areas as determined by the administrator of the department’s division of child and family services. The state court administrator and the division administrator shall make the determination of the distribution amounts on or before June 15, 2012.
   d.  Notwithstanding chapter 232 or any other provision of law to the contrary, a district or juvenile court shall not order any service which is a charge upon the state pursuant to section 232.141 if there are insufficient court-ordered services funds available in the district court or departmental service area distribution amounts to pay for the service. The chief juvenile court officer and the departmental service area manager shall encourage use of the funds allocated in this subsection such that there are sufficient funds to pay for all court-related services during the entire year. The chief juvenile court officers and departmental service area managers shall attempt to anticipate potential surpluses and shortfalls in the distribution amounts and shall cooperatively request the state court administrator or division administrator to transfer funds between the judicial districts’ or departmental service areas’ distribution amounts as prudent.
   e.  Notwithstanding any provision of law to the contrary, a district or juvenile court shall not order a county to pay for any service provided to a juvenile pursuant to an order entered under chapter 232 which is a charge upon the state under section 232.141, subsection 4.
   f.  Of the funds allocated in this subsection, not more than $70,550 may be used by the judicial branch for administration of the requirements under this subsection.
   g.  Of the funds allocated in this subsection, $14,450 shall be used by the department of human services to support the interstate commission for juveniles in accordance with the interstate compact for juveniles as provided in section 232.173.
   11.  Of the funds appropriated in this section, $4,609,212 is allocated for juvenile delinquent graduated sanctions services. Any state funds saved as a result of efforts by juvenile court services to earn federal Tit. IV-E match for juvenile court services administration may be used for the juvenile delinquent graduated sanctions services.
   12.  Of the funds appropriated in this section, $840,042 shall be transferred to the department of public health to be used for the child protection center grant program in accordance with section 135.118.
   13.  If the department receives federal approval to implement a waiver under Tit. IV-E of the federal Social Security Act to enable providers to serve children who remain in the children’s families and communities, for purposes of eligibility under the medical assistance program, children who participate in the waiver shall be considered to be placed in foster care.
   14.  Of the funds appropriated in this section, $2,609,357 is allocated for the preparation for adult living program pursuant to section 234.46.
   15.  Of the funds appropriated in this section, $442,128 shall be used for juvenile drug courts. The amount allocated in this subsection shall be distributed as follows:
   To the judicial branch for salaries to assist with the operation of juvenile drug court programs operated in the following jurisdictions:
   a.  Marshall county:
.................................................. $     53,302
   b.  Woodbury county:
.................................................. $    106,830
   c.  Polk county:
.................................................. $    166,508
   d.  The third judicial district:
.................................................. $     57,744
   e.  The eighth judicial district:
.................................................. $     57,744
   16.  Of the funds appropriated in this section, $193,236 shall be used for the public purpose of providing a grant to a nonprofit human services organization providing services to individuals and families in multiple locations in southwest Iowa and Nebraska for support of a project providing immediate, sensitive support and forensic interviews, medical exams, needs assessments, and referrals for victims of child abuse and their nonoffending family members.
   17.  Of the funds appropriated in this section, $106,752 is allocated for the elevate approach of providing a support network to children placed in foster care.
   18.  Of the funds appropriated in this section, $171,700 is allocated for use pursuant to section 235A.1 for continuation of the initiative to address child sexual abuse implemented pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 21.
   19.  Of the funds appropriated in this section, $535,704 is allocated for the community partnership for child protection sites.
   20.  Of the funds appropriated in this section, $315,563 is allocated for the department’s minority youth and family projects under the redesign of the child welfare system.
   21.  Of the funds appropriated in this section, $1,020,421 is allocated for funding of the state match for the federal substance abuse and mental health services administration (SAMHSA) system of care grant.
   22.  Of the funds appropriated in this section, at least $125,084 shall be used for the child welfare training academy.
   23.  Of the funds appropriated in this section, $21,250 shall be used for the public purpose of providing a grant to a child welfare services provider headquartered in a county with a population between 205,000 and 215,000 in the latest certified federal census that provides multiple services including but not limited to a psychiatric medical institution for children, shelter, residential treatment, after school programs, school-based programming, and an Asperger’s syndrome program, to be used for support services for children with autism spectrum disorder and their families.
   24.  Of the funds appropriated in this section, $213,183 shall be used for the public purpose of continuing the central Iowa system of care program grant through June 30, 2013.
   25.  Of the funds appropriated in this section, $136,000 shall be used for the public purpose of continuing the system of care grant in Mason City and Cedar Rapids through June 30, 2013.
   Sec. 334.  ADOPTION SUBSIDY.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For adoption subsidy payments and services:
.................................................. $ 29,662,952
   2.  The department may transfer funds appropriated in this section to the appropriation made in this division of this Act for general administration for costs paid from the appropriation relating to adoption subsidy.
   3.  Federal funds received by the state during the fiscal year beginning July 1, 2012, as the result of the expenditure of state funds during a previous state fiscal year for a service or activity funded under this section are appropriated to the department to be used as additional funding for the services and activities funded under this section. Notwithstanding section 8.33, moneys received in accordance with this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 335.  JUVENILE DETENTION HOME FUND.  Moneys deposited in the juvenile detention home fund created in section 232.142 during the fiscal year beginning July 1, 2012, and ending June 30, 2013, are appropriated to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, for distribution of an amount equal to a percentage of the costs of the establishment, improvement, operation, and maintenance of county or multicounty juvenile detention homes in the fiscal year beginning July 1, 2011. Moneys appropriated for distribution in accordance with this section shall be allocated among eligible detention homes, prorated on the basis of an eligible detention home’s proportion of the costs of all eligible detention homes in the fiscal year beginning July 1, 2011. The percentage figure shall be determined by the department based on the amount available for distribution for the fund. Notwithstanding section 232.142, subsection 3, the financial aid payable by the state under that provision for the fiscal year beginning July 1, 2012, shall be limited to the amount appropriated for the purposes of this section.
   Sec. 336.  FAMILY SUPPORT SUBSIDY PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the family support subsidy program subject to the enrollment restrictions in section 225C.37, subsection 3:
.................................................. $    992,798
   2.  The department shall use at least $327,675 of the moneys appropriated in this section for the family support center component of the comprehensive family support program under section 225C.47. Not more than $21,250 of the amount allocated in this subsection shall be used for administrative costs.
   3.  If at any time during the fiscal year, the amount of funding available for the family support subsidy program is reduced from the amount initially used to establish the figure for the number of family members for whom a subsidy is to be provided at any one time during the fiscal year, notwithstanding section 225C.38, subsection 2, the department shall revise the figure as necessary to conform to the amount of funding available.
   Sec. 337.  CONNER DECREE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For building community capacity through the coordination and provision of training opportunities in accordance with the consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. Iowa, July 14, 1994):
.................................................. $     28,579
   Sec. 338.  MENTAL HEALTH INSTITUTES.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the state mental health institute at Cherokee for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  4,995,712
............................................... FTEs     168.50
   2.  For the state mental health institute at Clarinda for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  5,449,974
............................................... FTEs      86.10
   3.  For the state mental health institute at Independence for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,734,332
............................................... FTEs     233.00
   4.  For the state mental health institute at Mount Pleasant for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    802,675
............................................... FTEs      91.72
   Sec. 339.  STATE RESOURCE CENTERS.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the state resource center at Glenwood for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 15,816,631
   b.  For the state resource center at Woodward for salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 10,952,809
   2.  The department may continue to bill for state resource center services utilizing a scope of services approach used for private providers of ICFMR services, in a manner which does not shift costs between the medical assistance program, counties, or other sources of funding for the state resource centers.
   3.  The state resource centers may expand the time-limited assessment and respite services during the fiscal year.
   4.  If the department’s administration and the department of management concur with a finding by a state resource center’s superintendent that projected revenues can reasonably be expected to pay the salary and support costs for a new employee position, or that such costs for adding a particular number of new positions for the fiscal year would be less than the overtime costs if new positions would not be added, the superintendent may add the new position or positions. If the vacant positions available to a resource center do not include the position classification desired to be filled, the state resource center’s superintendent may reclassify any vacant position as necessary to fill the desired position. The superintendents of the state resource centers may, by mutual agreement, pool vacant positions and position classifications during the course of the fiscal year in order to assist one another in filling necessary positions.
   5.  If existing capacity limitations are reached in operating units, a waiting list is in effect for a service or a special need for which a payment source or other funding is available for the service or to address the special need, and facilities for the service or to address the special need can be provided within the available payment source or other funding, the superintendent of a state resource center may authorize opening not more than two units or other facilities and begin implementing the service or addressing the special need during fiscal year 2012-2013.
   Sec. 340.  MI/MR/DD STATE CASES.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution to counties for state case services for persons with mental illness, mental retardation, and developmental disabilities in accordance with section 331.440:
.................................................. $ 10,344,060
   2.  For the fiscal year beginning July 1, 2012, and ending June 30, 2013, $170,000 is allocated for state case services from the amounts appropriated from the fund created in section 8.41 to the department of human services from the funds received from the federal government under 42 U.S.C. ch. 6A, subch. XVII, relating to the community mental health center block grant, for the federal fiscal years beginning October 1, 2010, and ending September 30, 2011, beginning October 1, 2011, and ending September 30, 2012, and beginning October 1, 2012, and ending September 30, 2013. The allocation made in this subsection shall be made prior to any other distribution allocation of the appropriated federal funds.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 341.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES —— COMMUNITY SERVICES FUND.  There is appropriated from the general fund of the state to the mental health and developmental disabilities community services fund created in section 225C.7 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For mental health and developmental disabilities community services in accordance with this division of this Act:
.................................................. $ 14,211,100
   1.  Of the funds appropriated in this section, $14,187,556 shall be allocated to counties for funding of community-based mental health and developmental disabilities services. The moneys shall be allocated to a county as follows:
   a.  Fifty percent based upon the county’s proportion of the state’s population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget.
   b.  Fifty percent based upon the county’s proportion of the state’s general population.
   2.
  a.  A county shall utilize the funding the county receives pursuant to subsection 1 for services provided to persons with a disability, as defined in section 225C.2. However, no more than 50 percent of the funding shall be used for services provided to any one of the service populations.
   b.  A county shall use at least 50 percent of the funding the county receives under subsection 1 for contemporary services provided to persons with a disability, as described in rules adopted by the department.
   3.  Of the funds appropriated in this section, $20,012 shall be used to support the Iowa compass program providing computerized information and referral services for Iowans with disabilities and their families.
   4.
  a.  Funding appropriated for purposes of the federal social services block grant is allocated for distribution to counties for local purchase of services for persons with mental illness or mental retardation or other developmental disability.
   b.  The funds allocated in this subsection shall be expended by counties in accordance with the county’s county management plan approved by the board of supervisors. A county without an approved county management plan shall not receive allocated funds until the county’s management plan is approved.
   c.  The funds provided by this subsection shall be allocated to each county as follows:
   (1)  Fifty percent based upon the county’s proportion of the state’s population of persons with an annual income which is equal to or less than the poverty guideline established by the federal office of management and budget.
   (2)  Fifty percent based upon the amount provided to the county for local purchase of services in the preceding fiscal year.
   5.  A county is eligible for funds under this section if the county qualifies for a state payment as described in section 331.439.
   6.  The most recent population estimates issued by the United States bureau of the census shall be applied for the population factors utilized in this section.
   Sec. 342.  SEXUALLY VIOLENT PREDATORS.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For costs associated with the commitment and treatment of sexually violent predators in the unit located at the state mental health institute at Cherokee, including costs of legal services and other associated costs, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,418,118
............................................... FTEs      89.50
   2.  Unless specifically prohibited by law, if the amount charged provides for recoupment of at least the entire amount of direct and indirect costs, the department of human services may contract with other states to provide care and treatment of persons placed by the other states at the unit for sexually violent predators at Cherokee. The moneys received under such a contract shall be considered to be repayment receipts and used for the purposes of the appropriation made in this section.
   Sec. 343.  FIELD OPERATIONS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For field operations, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 47,038,933
............................................... FTEs   1,781.00
   Priority in filling full-time equivalent positions shall be given to those positions related to child protection services and eligibility determination for low-income families.
   Sec. 344.  GENERAL ADMINISTRATION.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For general administration, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 12,874,733
............................................... FTEs     290.00
   1.  Of the funds appropriated in this section, $32,762 allocated for the prevention of disabilities policy council established in section 225B.3.
   2.  The department shall report at least monthly to the legislative services agency concerning the department’s operational and program expenditures.
   3.  Of the funds appropriated in this section, $112,455 shall be used to continue to contract with a statewide association representing community providers of mental health, mental retardation and brain injury services programs to provide technical assistance, support, and consultation to providers of habilitation services and home and community-based waiver services for adults with disabilities under the medical assistance program. Notwithstanding section 8.47 or any other provision of law to the contrary, the department may utilize a sole source approach to contract with the association.
   4.  Of the funds appropriated in this section, $149,940 shall be used to continue to contract with an appropriate entity to expand the provision of nationally accredited and recognized internet-based training to include mental health and disability services providers. Notwithstanding section 8.47 or any other provision of law to the contrary, the department may utilize a sole site source approach to enter into such contract.
   5.  Of the funds appropriated in this section, $425,000 shall be used for continued implementation of child protection system improvements addressed in 2011 Iowa Acts, House File 562, as enacted.
   Sec. 345.  VOLUNTEERS.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For development and coordination of volunteer services:
.................................................. $     71,961
   Sec. 346.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN SERVICES.
   1.
  a.  (1)  For the fiscal year beginning July 1, 2012, the total state funding amount for the nursing facility budget shall not exceed $225,502,551.
   (2)  The department, in cooperation with nursing facility representatives, shall review projections for state funding expenditures for reimbursement of nursing facilities on a quarterly basis and the department shall determine if an adjustment to the medical assistance reimbursement rate is necessary in order to provide reimbursement within the state funding amount for the fiscal year. Notwithstanding 2001 Iowa Acts, chapter 192, section 4, subsection 2, paragraph “c”, and subsection 3, paragraph “a”, subparagraph (2), if the state funding expenditures for the nursing facility budget for the fiscal year is projected to exceed the amount specified in subparagraph (1), the department shall adjust the reimbursement for nursing facilities reimbursed under the case-mix reimbursement system to maintain expenditures of the nursing facility budget within the specified amount for the fiscal year. 
   (3)  For the fiscal year beginning July 1, 2012, special population nursing facilities shall be reimbursed in accordance with the methodology in effect on June 30, 2012.

   b.  For the fiscal year beginning July 1, 2012, the department shall reimburse pharmacy dispensing fees using a single rate of $4.34 per prescription or the pharmacy’s usual and customary fee, whichever is lower. However, the department shall adjust the dispensing fee specified in this paragraph to distribute an additional $3,000,000 in reimbursements for pharmacy dispensing fees under this paragraph for the fiscal year.
   c.
  (1)  For the fiscal year beginning July 1, 2012, reimbursement rates for outpatient hospital services shall remain at the rates in effect on June 30, 2012.
   (2)  For the fiscal year beginning July 1, 2012, reimbursement rates for inpatient hospital services shall remain at the rates in effect on June 30, 2012.
   (3)  For the fiscal year beginning July 1, 2012, the graduate medical education and disproportionate share hospital fund shall remain at the amount in effect on June 30, 2012, except that the portion of the fund attributable to graduate medical education shall be reduced in an amount that reflects the elimination of graduate medical education payments made to out-of-state hospitals.
   (4)  In order to ensure the efficient use of limited state funds in procuring health care services for low-income Iowans, funds appropriated in this division of this Act for hospital services shall not be used for activities which would be excluded from a determination of reasonable costs under the federal Medicare program pursuant to 42 U.S.C. § 1395X(v)(1)(N).
   d.  For the fiscal year beginning July 1, 2012, reimbursement rates for rural health clinics, hospices, and acute mental hospitals shall be increased in accordance with increases under the federal Medicare program or as supported by their Medicare audited costs.
   e.  For the fiscal year beginning July 1, 2012, independent laboratories and rehabilitation agencies shall be reimbursed using the same methodology in effect on June 30, 2012.
   f.  For the fiscal year beginning July 1, 2012, reimbursement rates for home health agencies shall remain at the rates in effect on June 30, 2012, not to exceed a home health agency’s actual allowable cost.
   g.  For the fiscal year beginning July 1, 2012, federally qualified health centers shall receive cost-based reimbursement for 100 percent of the reasonable costs for the provision of services to recipients of medical assistance.
   h.  For the fiscal year beginning July 1, 2012, the reimbursement rates for dental services shall remain at the rates in effect on June 30, 2012.
   i.
  (1)  For the fiscal year beginning July 1, 2012, state-owned psychiatric medical institutions for children shall receive cost-based reimbursement for 100 percent of the actual and allowable costs for the provision of services to recipients of medical assistance.
   (2)  For the nonstate-owned psychiatric medical institutions for children, reimbursement rates shall be based on the reimbursement methodology developed by the department in consultation with representatives of the nonstate-owned psychiatric medical institutions for children to include all ancillary medical services costs and any other changes required for federal compliance.
   j.  For the fiscal year beginning July 1, 2012, unless otherwise specified in the health and human services divisions of this Act, all noninstitutional medical assistance provider reimbursement rates shall remain at the rates in effect on June 30, 2012, except for area education agencies, local education agencies, infant and toddler services providers, and those providers whose rates are required to be determined pursuant to section 249A.20.
   k.  Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2012, the reimbursement rate for anesthesiologists shall remain at the rate in effect on June 30, 2012.
   l.  Notwithstanding section 249A.20, for the fiscal year beginning July 1, 2012, the average reimbursement rate for health care providers eligible for use of the federal Medicare resource-based relative value scale reimbursement methodology under that section shall remain at the rate in effect on June 30, 2012; however, this rate shall not exceed the maximum level authorized by the federal government.
   m.  For the fiscal year beginning July 1, 2012, the reimbursement rate for residential care facilities shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement. The flat reimbursement rate for facilities electing not to file annual cost reports shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement.
   n.  For the fiscal year beginning July 1, 2012, inpatient mental health services provided at hospitals shall remain at the rates in effect on June 30, 2012, subject to Medicaid program upper payment limit rules; community mental health centers and providers of mental health services to county residents pursuant to a waiver approved under section 225C.7, subsection 3, shall be reimbursed at 100 percent of the reasonable costs for the provision of services to recipients of medical assistance; and psychiatrists shall be reimbursed at the medical assistance program fee for service rate.
   o.  For the fiscal year beginning July 1, 2012, the reimbursement rate for consumer-directed attendant care shall remain at the rates in effect on June 30, 2012.
   p.  For the fiscal year beginning July 1, 2012, the reimbursement rate for providers of family planning services that are eligible to receive a 90 percent federal match shall remain at the rates in effect on June 30, 2012.
   q.  For the fiscal year beginning July 1, 2012, the department shall adjust the rates in effect on June 30, 2012, for providers of home and community-based services waiver services to distribute an additional $1,500,000 in reimbursements to such providers for the fiscal year.
   2.  For the fiscal year beginning July 1, 2012, the reimbursement rate for providers reimbursed under the in-home-related care program shall not be less than the minimum payment level as established by the federal government to meet the federally mandated maintenance of effort requirement.
   3.  Unless otherwise directed in this section, when the department’s reimbursement methodology for any provider reimbursed in accordance with this section includes an inflation factor, this factor shall not exceed the amount by which the consumer price index for all urban consumers increased during the calendar year ending December 31, 2002.
   4.  For the fiscal year beginning July 1, 2012, notwithstanding section 234.38, the foster family basic daily maintenance rate and the maximum adoption subsidy rate for children ages 0 through 5 years shall be $15.74, the rate for children ages 6 through 11 years shall be $16.37, the rate for children ages 12 through 15 years shall be $17.92, and the rate for children and young adults ages 16 and older shall be $18.16. The maximum supervised apartment living foster care reimbursement rate shall be $25.00 per day. For youth ages 18 to 21 who have exited foster care, the maximum preparation for adult living program maintenance rate shall be $574.00 per month. The maximum payment for adoption subsidy nonrecurring expenses shall be limited to $500 and the disallowance of additional amounts for court costs and other related legal expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, section 408 shall be continued.
   5.  For the fiscal year beginning July 1, 2012, the maximum reimbursement rates under the supervised apartment living program and for social services providers under contract shall remain at the rates in effect on June 30, 2012, or the provider’s actual and allowable cost plus inflation for each service, whichever is less. However, if a new service or service provider is added after June 30, 2012, the initial reimbursement rate for the service or provider shall be based upon actual and allowable costs. Providers may also be eligible for an additional amount as specified under the department’s request for proposal, bid number ACFS-11-115.
   6.  For the fiscal year beginning July 1, 2012, the reimbursement rates for family-centered service providers, family foster care service providers, group foster care service providers, and the resource family recruitment and retention contractor shall remain at the rates in effect on June 30, 2012.
   7.  The group foster care reimbursement rates paid for placement of children out of state shall be calculated according to the same rate-setting principles as those used for in-state providers, unless the director of human services or the director’s designee determines that appropriate care cannot be provided within the state. The payment of the daily rate shall be based on the number of days in the calendar month in which service is provided.
   8.
  a.  For the fiscal year beginning July 1, 2012, the reimbursement rate paid for shelter care and the child welfare emergency services implemented to provide or prevent the need for shelter care shall be established in a contract based on the requirements of the department’s request for proposal, bid number ACFS-11-114.
   b.  For the fiscal year beginning July 1, 2012, the combined service and maintenance components of the reimbursement rate paid for shelter care services shall be based on the financial and statistical report submitted to the department. The maximum reimbursement rate shall be $92.36 per day. The department shall reimburse a shelter care provider at the provider’s actual and allowable unit cost, plus inflation, not to exceed the maximum reimbursement rate.

   c.  Notwithstanding section 232.141, subsection 8, for the fiscal year beginning July 1, 2012, the amount of the statewide average of the actual and allowable rates for reimbursement of juvenile shelter care homes that is utilized for the limitation on recovery of unpaid costs shall remain at the amount in effect for this purpose in the fiscal year beginning July 1, 2011.
   9.  For the fiscal year beginning July 1, 2012, the department shall calculate reimbursement rates for intermediate care facilities for persons with mental retardation at the 80th percentile. Beginning July 1, 2012, the rate calculation methodology shall utilize the consumer price index inflation factor applicable to the fiscal year beginning July 1, 2012.
   10.  For the fiscal year beginning July 1, 2012, for child care providers reimbursed under the state child care assistance program, the department shall set provider reimbursement rates based on the rate reimbursement survey completed in December 2004. Effective July 1, 2012, the child care provider reimbursement rates shall remain at the rates in effect on June 30, 2012. The department shall set rates in a manner so as to provide incentives for a nonregistered provider to become registered by applying the increase only to registered and licensed providers.
   11.  The department may adopt emergency rules to implement this section.
   Sec. 347.  EMERGENCY RULES.
   1.  If specifically authorized by a provision of this division of this Act, the department of human services or the mental health, and disability services commission may adopt administrative rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions and the rules shall become effective immediately upon filing or on a later effective date specified in the rules, unless the effective date is delayed by the administrative rules review committee. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. The delay authority provided to the administrative rules review committee under section 17A.4, subsection 7, and section 17A.8, subsection 9, shall be applicable to a delay imposed under this section, notwithstanding a provision in those sections making them inapplicable to section 17A.5, subsection 2, paragraph “b”. Any rules adopted in accordance with the provisions of this section shall also be published as notice of intended action as provided in section 17A.4.
   2.  If during the fiscal year beginning July 1, 2012, the department of human services is adopting rules in accordance with this section or as otherwise directed or authorized by state law, and the rules will result in an expenditure increase beyond the amount anticipated in the budget process or if the expenditure was not addressed in the budget process for the fiscal year, the department shall notify the persons designated by this division of this Act for submission of reports, the chairpersons and ranking members of the committees on appropriations, and the department of management concerning the rules and the expenditure increase. The notification shall be provided at least 30 calendar days prior to the date notice of the rules is submitted to the administrative rules coordinator and the administrative code editor.
   Sec. 348.  FEDERAL GRANTS REPORTING.  During the fiscal year beginning July 1, 2012, the departments and agencies receiving an appropriation in the health and human services divisions of this Act from the general fund of the state shall report to the persons designated by this division of this Act for submission of reports and the department of management within 60 calendar days of applying for or renewing a federal grant with a value over $1,000. The report shall list the federal funding source and address the potential need for the commitment of state funding in order to match or continue the funding provided by the federal grant in the present or the future.
   Sec. 349.  REPORTS.  Any reports or information required to be compiled and submitted under the health and human services divisions of this Act shall be submitted to the chairpersons and ranking members of the joint appropriations subcommittee on health and human services, the legislative services agency, and the legislative caucus staffs on or before the dates specified for submission of the reports or information.
   Sec. 350.  EFFECTIVE DATE.  The following provision of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   The provision under the appropriation for child and family services, relating to requirements of section 232.143 for representatives of the department of human services and juvenile court services to establish a plan for continuing group foster care expenditures for fiscal year 2012-2013.

DIVISION XXXVIII

HEALTH AND HUMAN SERVICES

PHARMACEUTICAL SETTLEMENT ACCOUNT,

IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 

REIMBURSEMENT FUND, HEALTH CARE

TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT,

QUALITY ASSURANCE TRUST FUND,

AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013
   Sec. 351.  PHARMACEUTICAL SETTLEMENT ACCOUNT.  There is appropriated from the pharmaceutical settlement account created in section 249A.33 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   Notwithstanding any provision of law to the contrary, to supplement the appropriations made in the department of human services division in this Act for medical contracts under the medical assistance program for the same fiscal year:
.................................................. $  4,618,571
   Sec. 352.  APPROPRIATIONS FROM IOWACARE ACCOUNT.
   1.  There is appropriated from the IowaCare account created in section 249J.24 to the state board of regents for distribution to the university of Iowa hospitals and clinics for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes, for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 27,284,584
   a.  Funds appropriated in this subsection shall not be used to perform abortions except medically necessary abortions, and shall not be used to operate the early termination of pregnancy clinic except for the performance of medically necessary abortions. For the purpose of this subsection, medically necessary abortions are those performed under any of the following conditions:
   (1)  The attending physician certifies that continuing the pregnancy would endanger the life of the pregnant woman.
   (2)  Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
   b.  Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise.
   c.  The university of Iowa hospitals and clinics shall certify public expenditures in an amount equal to provide the nonfederal share on total expenditures not to exceed $20,000,000.
   2.  There is appropriated from the IowaCare account created in section 249J.24 to the state board of regents for distribution to the university of Iowa hospitals and clinics for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes, for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 44,226,279
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise.
   3.  There is appropriated from the IowaCare account created in section 249J.24, to the state board of regents for distribution to university of Iowa physicians for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary to be used for the purposes designated:
   For salaries, support, maintenance, equipment, and miscellaneous purposes for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 16,277,753
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise. Once the entire amount appropriated in this subsection has been distributed, claims shall continue to be submitted and adjudicated by the Iowa Medicaid enterprise; however, no payment shall be made based upon such claims.
   4.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For distribution to a publicly owned acute care teaching hospital located in a county with a population over 350,000 for the provision of medical and surgical treatment of indigent patients, for provision of services to members of the expansion population pursuant to chapter 249J, and for medical education:
.................................................. $ 65,000,000
   a.  Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise plus a monthly disproportionate share hospital payment. Any amount appropriated in this subsection in excess of $60,000,000 shall be distributed only if the sum of the expansion population claims adjudicated and paid by the Iowa Medicaid enterprise plus the estimated disproportionate share hospital payments exceeds $60,000,000. The amount paid in excess of $60,000,000 shall not adjust the original monthly payment amount but shall be distributed monthly based on actual claims adjudicated and paid by the Iowa Medicaid enterprise plus the estimated disproportionate share hospital amount. Any amount appropriated in this subsection in excess of $60,000,000 shall be allocated only if federal funds are available to match the amount allocated. Pursuant to paragraph “b”, of the amount appropriated in this subsection, not more than $4,000,000 shall be distributed for prescription drugs and podiatry services.
   b.  Notwithstanding any provision of law to the contrary, the hospital identified in this subsection, shall be reimbursed for outpatient prescription drugs and podiatry services provided to members of the expansion population pursuant to all applicable medical assistance program rules, in an amount not to exceed $4,000,000.
   c.  Notwithstanding the total amount of proceeds distributed pursuant to section 249J.24, subsection 6, paragraph “a”, unnumbered paragraph 1, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the county treasurer of a county with a population of over 350,000 in which a publicly owned acute care teaching hospital is located shall distribute the proceeds collected pursuant to section 347.7 in a total amount of $38,000,000, which would otherwise be distributed to the county hospital, to the treasurer of state for deposit in the IowaCare account.
   d.
  (1)  Notwithstanding the amount collected and distributed for deposit in the IowaCare account pursuant to section 249J.24, subsection 6, paragraph “a”, subparagraph (1), the first $19,000,000 in proceeds collected pursuant to section 347.7 between July 1, 2012, and December 31, 2012, shall be distributed to the treasurer of state for deposit in the IowaCare account and collections during this time period in excess of $19,000,000 shall be distributed to the acute care teaching hospital identified in this subsection. Of the collections in excess of the $19,000,000 received by the acute care teaching hospital under this subparagraph (1), $2,000,000 shall be distributed by the acute care teaching hospital to the treasurer of state for deposit in the IowaCare account in the month of January 2013, following the July 1 through December 31, 2012, period.
   (2)  Notwithstanding the amount collected and distributed for deposit in the IowaCare account pursuant to section 249J.24, subsection 6, paragraph “a”, subparagraph (2), the first $19,000,000 in collections pursuant to section 347.7 between January 1, 2013, and June 30, 2013, shall be distributed to the treasurer of state for deposit in the IowaCare account and collections during this time period in excess of $19,000,000 shall be distributed to the acute care teaching hospital identified in this subsection. Of the collections in excess of the $19,000,000 received by the acute care teaching hospital under this subparagraph (2), $2,000,000 shall be distributed by the acute care teaching hospital to the treasurer of state for deposit in the IowaCare account in the month of July 2013, following the January 1 through June 30, 2013, period.
   5.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary to be used for the purpose designated:
   For payment to the regional provider network specified by the department pursuant to section 249J.7 for provision of covered services to members of the expansion population pursuant to chapter 249J:
.................................................. $  3,472,176
   Notwithstanding any provision of law to the contrary, the amount appropriated in this subsection shall be distributed based on claims submitted, adjudicated, and paid by the Iowa Medicaid enterprise. Once the entire amount appropriated in this subsection has been distributed, claims shall continue to be submitted and adjudicated by the Iowa Medicaid enterprise; however, no payment shall be made based upon such claims.
   6.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary to be used for the purposes designated:
   For a care coordination pool to pay the expansion population providers consisting of the university of Iowa hospitals and clinics, the publicly owned acute care teaching hospital as specified in section 249J.7, and current medical assistance program providers that are not expansion population network providers pursuant to section 249J.7, for services covered by the full benefit medical assistance program but not under the IowaCare program pursuant to section 249J.6, that are provided to expansion population members:
.................................................. $  1,500,000
   a.  Notwithstanding sections 249J.6 and 249J.7, the amount appropriated in this subsection is intended to provide payment for medically necessary services provided to expansion population members for continuation of care provided by the university of Iowa hospitals and clinics or the publicly owned acute care teaching hospital as specified in section 249J.7. Payment may only be made for services that are not otherwise covered under section 249J.6, and which are follow-up services to covered services provided by the hospitals specified in this paragraph “a”.
   b.  The funds appropriated in this subsection are intended to provide limited payment for continuity of care services for an expansion population member, and are intended to cover the costs of services to expansion population members, regardless of the member’s county of residence or medical home assignment, if the care is related to specialty or hospital services provided by the hospitals specified in paragraph “a”. 
   c.  The funds appropriated in this subsection are not intended to provide for expanded coverage under the IowaCare program, and shall not be used to cover emergency transportation services.
   d.  The department shall adopt administrative rules pursuant to chapter 17A to establish a prior authorization process and to identify covered services for reimbursement under this subsection.
   7.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount or so much thereof as is necessary to be used for the purposes designated:
   For a laboratory test and radiology pool for services authorized by a federally qualified health center designated by the department as part of the IowaCare regional provider network that does not have the capability to provide these services on site:
.................................................. $    500,000
   Notwithstanding sections 249J.6 and 249J.7, the amount appropriated in this subsection is intended to provide reimbursement for services provided to expansion population members that have previously been paid for through expenditure by designated regional provider network providers of their own funds, not to expand coverage under the IowaCare program or to expand the expansion population provider network. The department shall designate the laboratory and radiology provider associated with each designated regional provider network provider that may receive reimbursement. The department shall adopt administrative rules pursuant to chapter 17A to establish a prior authorization process and to identify covered services for reimbursement under this subsection. All other medical assistance program payment policies and rules for laboratory and radiology services shall apply to services provided under this subsection. If the entire amount appropriated under this subsection is expended, laboratory tests and radiology services ordered by a designated regional provider network provider shall be the financial responsibility of the regional provider network provider.
   Sec. 353.  APPROPRIATIONS FROM NONPARTICIPATING PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary, and subject to the availability of funds, there is appropriated from the nonparticipating provider reimbursement fund created in section 249J.24A to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount or so much thereof as is necessary for the purposes designated:
   To reimburse nonparticipating providers in accordance with section 249J.24A:
.................................................. $  2,000,000
   Sec. 354.  APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES.  

Notwithstanding any provision to the contrary, there is appropriated from the account for health care transformation created in section 249J.23 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the provision of an IowaCare nurse helpline for the expansion population as provided in section 249J.6:
.................................................. $     85,000
   2.  For other health promotion partnership activities pursuant to section 249J.14:
.................................................. $    510,000
   3.  For the costs related to audits, performance evaluations, and studies required pursuant to chapter 249J:
.................................................. $    106,250
   4.  For administrative costs associated with chapter 249J:
.................................................. $    962,550
   5.  For planning and development, in cooperation with the department of public health, of a phased-in program to provide a dental home for children in accordance with section 249J.14:
.................................................. $    850,000
   6.  For continuation of the establishment of the tuition assistance for individuals serving individuals with disabilities pilot program, as enacted in 2008 Iowa Acts, chapter 1187, section 130:
.................................................. $     42,500
   7.  For medical contracts:
.................................................. $  1,700,000
   8.  For payment to the publicly owned acute care teaching hospital located in a county with a population of over 350,000 that is a participating provider pursuant to chapter 249J:
.................................................. $    246,500
   Disbursements under this subsection shall be made monthly. The hospital shall submit a report following the close of the fiscal year regarding use of the funds appropriated in this subsection to the persons specified in this Act to receive reports.
   9.  For transfer to the department of public health to be used for the costs of medical home system advisory council established pursuant to section 135.159:
.................................................. $    198,353
   10.  For continued implementation of a uniform cost report:
.................................................. $     85,000
   11.  For continued implementation of an electronic medical records system:
.................................................. $     85,000
   Notwithstanding section 8.39, subsection 1, without the prior written consent and approval of the governor and the director of the department of management, the director of human services may transfer funds among the appropriations made in this section as necessary to carry out the purposes of the account for health care transformation. The department shall report any transfers made pursuant to this section to the legislative services agency.
   Sec. 355.  MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF INSPECTIONS AND APPEALS.  There is appropriated from the Medicaid fraud account created in section 249A.7 to the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For the inspection and certification of assisted living programs and adult day care services, including program administration and costs associated with implementation:
.................................................. $  1,138,598
   Sec. 356.  MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN SERVICES.  There is appropriated from the Medicaid fraud account created in section 249A.7 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To supplement the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for medical assistance for the same fiscal year:
.................................................. $  2,000,000
   Sec. 357.  QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary and subject to the availability of funds, there is appropriated from the quality assurance trust fund created in section 249L.4 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary for the purposes designated:
   To supplement the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for medical assistance for the same fiscal year:
.................................................. $ 29,000,000
   Sec. 358.  HOSPITAL HEALTH CARE ACCESS TRUST FUND —— DEPARTMENT OF HUMAN SERVICES.  Notwithstanding any provision to the contrary and subject to the availability of funds, there is appropriated from the hospital health care access trust fund created in section 249M.4 to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, for the purposes designated:
   1.  To supplement the appropriation made in the health and human services division of this Act from the general fund of the state to the department of human services for medical assistance:
.................................................. $ 39,223,800
   2.  For deposit in the nonparticipating provider reimbursement fund created in section 249J.24A to be used for the purposes of the fund:
.................................................. $    776,200
   Sec. 359.  MEDICAL ASSISTANCE PROGRAM —— NONREVERSION FOR FY 2012-2013.  Notwithstanding section 8.33, if moneys appropriated for purposes of the medical assistance program for the fiscal year beginning July 1, 2012, and ending June 30, 2013, in the health and human services divisions of this Act from the general fund of the state, the Medicaid fraud account, the quality assurance trust fund, and the hospital health care access trust fund, are in excess of actual expenditures for the medical assistance program and remain unencumbered or unobligated at the close of the fiscal year, the excess moneys shall not revert but shall remain available for expenditure for the purposes of the medical assistance program until the close of the succeeding fiscal year.

DIVISION XXXIX

HEALTH AND HUMAN SERVICES

MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 2012-2013
   Sec. 360.  MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX RELIEF.  Notwithstanding the standing appropriation in section 426B.1, subsection 2, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the amount appropriated from the general fund of the state pursuant to that provision shall not exceed the following amount:
.................................................. $ 81,199,911
   Sec. 361.  ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2012-2013.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For distribution to counties of the county mental health, mental retardation, and developmental disabilities allowed growth factor adjustment for fiscal year 2012-2013 as provided in this section in lieu of the allowed growth factor provisions of section 331.438, subsection 2, and section 331.439, subsection 3, and chapter 426B and for transfer for the medical assistance program:
.................................................. $ 88,697,893
   Of the amount appropriated in this subsection, $5,000,000 shall be transferred to the appropriation made in the department of human services division of this Act from the general fund of the state to the department of human services for the medical assistance program for the fiscal year beginning July 1, 2012, and shall be used to continue the funding designated in the previous fiscal year to reduce home and community-based services waiver waiting lists for children’s mental health, intellectual disabilities, and brain injury.
   2.  Of the amount appropriated in this section, $12,000,000 shall be distributed as provided in this subsection.
   a.  To be eligible to receive a distribution under this subsection, a county must meet the following requirements:
   (1)  The county is levying for the maximum amount allowed for the county’s mental health, mental retardation, and developmental disabilities services fund under section 331.424A for taxes due and payable in the fiscal year beginning July 1, 2012, or the county is levying for at least 90 percent of the maximum amount allowed for the county’s services fund and that levy rate is more than $2 per $1,000 of the assessed value of all taxable property in the county.
   (2)  In the fiscal year beginning July 1, 2010, the county’s mental health, mental retardation, and developmental disabilities services fund ending balance under generally accepted accounting principles was equal to or less than 15 percent of the county’s actual gross expenditures for that fiscal year.
   b.  The amount of a county’s distribution from the allocation made in this subsection shall be determined based upon the county’s proportion of the general population of the counties eligible to receive a distribution under this subsection. The most recent population estimates issued by the United States bureau of the census shall be applied in determining population for the purposes of this paragraph.
   c.  The distributions made pursuant to this subsection are subject to the distribution provisions and withholding requirements established in this section for the county mental health, mental retardation, and developmental disabilities allowed growth factor adjustment for the fiscal year beginning July 1, 2012.
   3.  The following amount of the funding appropriated in this section is the allowed growth factor adjustment for fiscal year 2012-2013, and shall be credited to the allowed growth funding pool created in the property tax relief fund and for distribution in accordance with section 426B.5, subsection 1:
.................................................. $ 71,697,893
   4.  The following formula amounts shall be utilized only to calculate preliminary distribution amounts for the allowed growth factor adjustment for fiscal year 2012-2013 under this section by applying the indicated formula provisions to the formula amounts and producing a preliminary distribution total for each county:
   a.  For calculation of a distribution amount for eligible counties from the allowed growth funding pool created in the property tax relief fund in accordance with the requirements in section 426B.5, subsection 1:
.................................................. $ 84,773,346
   b.  For calculation of a distribution amount for counties from the mental health and developmental disabilities (MH/DD) community services fund in accordance with the formula provided in the appropriation made for the MH/DD community services fund for the fiscal year beginning July 1, 2012:
.................................................. $ 14,187,556
   5.
  a.  After applying the applicable statutory distribution formulas to the amounts indicated in subsection 4 for purposes of producing preliminary distribution totals, the department of human services shall apply a withholding factor to adjust an eligible individual county’s preliminary distribution total. In order to be eligible for a distribution under this section, a county must be levying 90 percent or more of the maximum amount allowed for the county’s mental health, mental retardation, and developmental disabilities services fund under section 331.424A for taxes due and payable in the fiscal year for which the distribution is payable.
   b.  An ending balance percentage for each county shall be determined by expressing the county’s ending balance on a modified accrual basis under generally accepted accounting principles for the fiscal year beginning July 1, 2010, in the county’s mental health, mental retardation, and developmental disabilities services fund created under section 331.424A, as a percentage of the county’s gross expenditures from that fund for that fiscal year. If a county borrowed moneys for purposes of providing services from the county’s services fund on or before July 1, 2010, and the county’s services fund ending balance for that fiscal year includes the loan proceeds or an amount designated in the county budget to service the loan for the borrowed moneys, those amounts shall not be considered to be part of the county’s ending balance for purposes of calculating an ending balance percentage under this subsection.
   c.  For purposes of calculating withholding factors and for ending balance amounts used for other purposes under law, the county ending balances shall be adjusted, using forms developed for this purpose by the county finance committee, to disregard the temporary funding increase provided to the counties for the fiscal year through the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5. In addition, a county may adjust the ending balance amount by rebating to the department all or a portion of the allowed growth and MH/DD services fund moneys the county received for the fiscal year beginning July 1, 2011, in accordance with this Act, or from any other services fund moneys available to the county. The rebate must be remitted to the department on or before June 1, 2012, in order to be counted. However, if this division of this Act is enacted after July 1, 2012, the rebate must be remitted not later than 10 calendar days after the date of the governor’s approval of this Act. The amount rebated by a county shall be subtracted dollar-for-dollar from the county’s ending balance amount for the fiscal year beginning July 1, 2010, for purposes of calculating the withholding factor and for other ending balance purposes for the fiscal year beginning July 1, 2012. The rebates received by the department shall be credited to the property tax relief fund and distributed as additional funding for the fiscal year beginning July 1, 2012, in accordance with the formula provisions in this section.
   d.  The withholding factor for a county shall be the following applicable percent:
   (1)  For an ending balance percentage of less than 5 percent, a withholding factor of 0 percent. In addition, a county that is subject to this lettered paragraph shall receive an inflation adjustment equal to 3 percent of the gross expenditures reported for the county’s services fund for the fiscal year.
   (2)  For an ending balance percentage of 5 percent or more but less than 10 percent, a withholding factor of 0 percent. In addition, a county that is subject to this lettered paragraph shall receive an inflation adjustment equal to 2 percent of the gross expenditures reported for the county’s services fund for the fiscal year.
   (3)  For an ending balance percentage of 10 percent or more but less than 25 percent, a withholding factor of 25 percent. However, for counties with an ending balance of 10 percent or more but less than 15 percent, the amount withheld shall be limited to the amount by which the county’s ending balance was in excess of the ending balance percentage of 10 percent.

   (4)  For an ending balance percentage of 25 percent or more, a withholding percentage of 100 percent.
   6.  The total withholding amounts applied pursuant to subsection 5 shall be equal to a withholding target amount of $13,075,453. If the department of human services determines that the amount appropriated is insufficient or the amount to be withheld in accordance with subsection 5 is not equal to the target withholding amount, the department shall adjust the withholding factors listed in subsection 5 as necessary to achieve the target withholding amount. However, in making such adjustments to the withholding factors, the department shall strive to minimize changes to the withholding factors for those ending balance percentage ranges that are lower than others and shall only adjust the zero withholding factor or the inflation adjustment percentages specified in subsection 5, paragraph “d”, when the amount appropriated is insufficient.

DIVISION XL

JUSTICE SYSTEM

FY 2011-2012
   Sec. 362.  DEPARTMENT OF JUSTICE.
   1.  There is appropriated from the general fund of the state to the department of justice for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the general office of attorney general for salaries, support, maintenance, and miscellaneous purposes, including the prosecuting attorneys training program, matching funds for federal violence against women grant programs, victim assistance grants, office of drug control policy prosecuting attorney program, and odometer fraud enforcement, and for not more than the following full-time equivalent positions:
.................................................. $  7,692,930
............................................... FTEs     212.00
   It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph, the department of justice shall maintain a record of the estimated time incurred representing each agency or department.
   b.  For victim assistance grants:
.................................................. $  2,876,400
   The funds appropriated in this lettered paragraph shall be used to provide grants to care providers providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault.
   The balance of the victim compensation fund established in section 915.94 may be used to provide salary and support of not more than 24 FTEs and to provide maintenance for the victim compensation functions of the department of justice.
   The department of justice may transfer moneys from the victim compensation fund established in section 915.94 to the victim assistance grant program.
   c.  For legal services for persons in poverty grants as provided in section 13.34:
.................................................. $  1,800,000
   2.
  a.  The department of justice, in submitting budget estimates for the fiscal year commencing July 1, 2012, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of justice or to the office of consumer advocate. These funding sources shall include but are not limited to reimbursements from other state agencies, commissions, boards, or similar entities, and reimbursements from special funds or internal accounts within the department of justice. The department of justice shall also report actual reimbursements for the fiscal year commencing July 1, 2010, and actual and expected reimbursements for the fiscal year commencing July 1, 2011.
   b.  The department of justice shall include the report required under paragraph “a”, as well as information regarding any revisions occurring as a result of reimbursements actually received or expected at a later date, in a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2012.
   Sec. 363.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the office of consumer advocate of the department of justice for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,136,163
............................................... FTEs      22.00
   Sec. 364.  DEPARTMENT OF CORRECTIONS —— FACILITIES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the operation of adult correctional institutions, reimbursement of counties for certain confinement costs, and federal prison reimbursement, to be allocated as follows:
   a.  For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 41,031,283
   b.  For the operation of the Anamosa correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 31,985,974
   c.  For the operation of the Oakdale correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 55,594,426
   d.  For the operation of the Newton correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,958,757
   e.  For the operation of the Mt. Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,917,815
   f.  For the operation of the Rockwell City correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  9,316,466
   g.  For the operation of the Clarinda correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 24,639,518
   Moneys received by the department of corrections as reimbursement for services provided to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility.
   h.  For the operation of the Mitchellville correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 15,615,374
   i.  For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 29,062,235
   j.  For reimbursement of counties for temporary confinement of work release and parole violators, as provided in sections 901.7, 904.908, and 906.17, and for offenders confined pursuant to section 904.513:
.................................................. $    775,092
   k.  For federal prison reimbursement, reimbursements for out-of-state placements, and miscellaneous contracts:
.................................................. $    239,411
   2.  The department of corrections shall use moneys appropriated in subsection 1 to continue to contract for the services of a Muslim imam and a Native American spiritual leader.
   Sec. 365.  DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For general administration, including salaries, support, maintenance, employment of an education director to administer a centralized education program for the correctional system, and miscellaneous purposes:
.................................................. $  4,835,542
   a.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not, except as otherwise provided in paragraph “c”, enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2011, for the privatization of services performed by the department using state employees as of July 1, 2011, or for the privatization of new services by the department without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system.
   b.  It is the intent of the general assembly that each lease negotiated by the department of corrections with a private corporation for the purpose of providing private industry employment of inmates in a correctional institution shall prohibit the private corporation from utilizing inmate labor for partisan political purposes for any person seeking election to public office in this state and that a violation of this requirement shall result in a termination of the lease agreement.
   c.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not enter into a lease or contractual agreement pursuant to section 904.809 with a private corporation for the use of building space for the purpose of providing inmate employment without providing that the terms of the lease or contract establish safeguards to restrict, to the greatest extent feasible, access by inmates working for the private corporation to personal identifying information of citizens.
   2.  For educational programs for inmates at state penal institutions:
.................................................. $  2,308,109
   a.  As a condition of receiving the appropriation in this subsection, the department of corrections shall transfer at least $300,000 from the canteen operating funds established pursuant to section 904.310 to be used for correctional educational programs funded in this subsection.
   b.  It is the intent of the general assembly that moneys appropriated in this subsection shall be used solely for the purpose indicated and that the moneys shall not be transferred for any other purpose. In addition, it is the intent of the general assembly that the department shall consult with the community colleges in the areas in which the institutions are located to utilize moneys appropriated in this subsection to fund the high school completion, high school equivalency diploma, adult literacy, and adult basic education programs in a manner so as to maintain these programs at the institutions.
   c.  To maximize the funding for educational programs, the department shall establish guidelines and procedures to prioritize the availability of educational and vocational training for inmates based upon the goal of facilitating an inmate’s successful release from the correctional institution.
   d.  The director of the department of corrections may transfer moneys from Iowa prison industries for use in educational programs for inmates.
   e.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobligated or unexpended at the close of the fiscal year shall not revert but shall remain available to be used only for the purposes designated in this subsection until the close of the succeeding fiscal year.
   3.  For the development of the Iowa corrections offender network (ICON) data system:
.................................................. $    424,364
   4.  For offender mental health and substance abuse treatment:
.................................................. $     22,319
   5.  For viral hepatitis prevention and treatment:
.................................................. $    167,881
   Sec. 366.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for salaries, support, maintenance, and miscellaneous purposes, the following amounts, or so much thereof as is necessary, to be allocated as follows:
   a.  For the first judicial district department of correctional services:
.................................................. $ 12,020,098
   b.  For the second judicial district department of correctional services:
.................................................. $ 10,336,948

   c.  For the third judicial district department of correctional services:
.................................................. $  5,599,765
   d.  For the fourth judicial district department of correctional services:
.................................................. $  5,391,355
   e.  For the fifth judicial district department of correctional services, including funding for electronic monitoring devices for use on a statewide basis:
.................................................. $ 18,742,129
   f.  For the sixth judicial district department of correctional services:
.................................................. $ 13,112,563
   g.  For the seventh judicial district department of correctional services:
.................................................. $  6,492,814
   h.  For the eighth judicial district department of correctional services:
.................................................. $  6,731,055
   2.  Each judicial district department of correctional services, within the funding available, shall continue programs and plans established within that district to provide for intensive supervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanction available, job development, and expanded use of intermediate criminal sanctions.
   3.  Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department of correctional services may also establish a day program.
   4.  The governor’s office of drug control policy shall consider federal grants made to the department of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations.
   5.  The department of corrections shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide.
   6.  A judicial district department of correctional services shall accept into the facilities of the district department, offenders assigned from other judicial district departments of correctional services.
   Sec. 367.  DEPARTMENT OF CORRECTIONS —— REALLOCATION OF APPROPRIATIONS.  Notwithstanding section 8.39, within the moneys appropriated in this division of this Act to the department of corrections, the department may reallocate the moneys appropriated and allocated as necessary to best fulfill the needs of the correctional institutions, administration of the department, and the judicial district departments of correctional services. However, in addition to complying with the requirements of sections 904.116 and 905.8 and providing notice to the legislative services agency, the department of corrections shall also provide notice to the department of management, prior to the effective date of the revision or reallocation of an appropriation made pursuant to this section. The department of corrections shall not reallocate an appropriation or allocation for the purpose of eliminating any program.
   Sec. 368.  INTENT —— REPORTS.
   1.  The department of corrections in cooperation with townships, the Iowa cemetery associations, and other nonprofit or governmental entities may use inmate labor during the fiscal year beginning July 1, 2011, to restore or preserve rural cemeteries and historical landmarks. The department in cooperation with the counties may also use inmate labor to clean up roads, major water sources, and other water sources around the state.

   2.  On a quarterly basis the department shall provide a status report regarding private-sector employment to the legislative services agency beginning on July 1, 2011. The report shall include the number of offenders employed in the private sector, the combined number of hours worked by the offenders, the total amount of allowances, and the distribution of allowances pursuant to section 904.702, including any moneys deposited in the general fund of the state.
   Sec. 369.  ELECTRONIC MONITORING REPORT.  The department of corrections shall submit a report on electronic monitoring to the general assembly, to the co-chairpersons and the ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2012. The report shall specifically address the number of persons being electronically monitored and break down the number of persons being electronically monitored by offense committed. The report shall also include a comparison of any data from the prior fiscal year with the current year.
   Sec. 370.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   1.  As used in this section, unless the context otherwise requires, “state agency” means the government of the state of Iowa, including but not limited to all executive branch departments, agencies, boards, bureaus, and commissions, the judicial branch, the general assembly and all legislative agencies, institutions within the purview of the state board of regents, and any corporation whose primary function is to act as an instrumentality of the state.
   2.  State agencies are hereby encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. State agencies shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2011, exceeding $5,000 or in accordance with applicable administrative rules related to purchases for the agency.
   Sec. 371.  IOWA LAW ENFORCEMENT ACADEMY.
   1.  There is appropriated from the general fund of the state to the Iowa law enforcement academy for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, including jailer training and technical assistance, and for not more than the following full-time equivalent positions:
.................................................. $    868,698
............................................... FTEs      24.55
   It is the intent of the general assembly that the Iowa law enforcement academy may provide training of state and local law enforcement personnel concerning the recognition of and response to persons with Alzheimer’s disease.
   The Iowa law enforcement academy may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  The Iowa law enforcement academy may select at least five automobiles of the department of public safety, division of state patrol, prior to turning over the automobiles to the department of administrative services to be disposed of by public auction, and the Iowa law enforcement academy may exchange any automobile owned by the academy for each automobile selected if the selected automobile is used in training law enforcement officers at the academy. However, any automobile exchanged by the academy shall be substituted for the selected vehicle of the department of public safety and sold by public auction with the receipts being deposited in the depreciation fund to the credit of the department of public safety, division of state patrol.
   Sec. 372.  STATE PUBLIC DEFENDER.  There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 25,083,182
............................................... FTEs     219.00
   2.  For the fees of court-appointed attorneys for indigent adults and juveniles, in accordance with section 232.141 and chapter 815:
.................................................. $ 30,680,929
   Sec. 373.  BOARD OF PAROLE.  There is appropriated from the general fund of the state to the board of parole for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,053,835
............................................... FTEs      12.50
   Sec. 374.  DEPARTMENT OF PUBLIC DEFENSE.  There is appropriated from the general fund of the state to the department of public defense for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  MILITARY DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  5,527,042
............................................... FTEs     313.00
   The military division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,836,877
............................................... FTEs      40.00
   a.  The homeland security and emergency management division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   b.  It is the intent of the general assembly that the homeland security and emergency management division work in conjunction with the department of public safety, to the extent possible, when gathering and analyzing information related to potential domestic or foreign security threats, and when monitoring such threats.
   Sec. 375.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the department’s administrative functions, including the criminal justice information system, and for not more than the following full-time equivalent positions:
.................................................. $  4,007,075
............................................... FTEs      36.00
   2.  For the division of criminal investigation, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $ 12,533,931
............................................... FTEs     159.10
   The department shall employ one additional special agent and one additional criminalist for the purpose of investigating cold cases. Prior to employing the additional special agent and criminalist authorized in this paragraph, the department shall provide a written statement to prospective employees that states to the effect that the positions are being funded by a temporary federal grant and there are no assurances that funds from other sources will be available after the federal funding expires. If the federal funding for the additional positions expires during the fiscal year, the number of full-time equivalent positions authorized in this subsection is reduced by 2.00 FTEs.
   3.  For the criminalistics laboratory fund created in section 691.9:
.................................................. $    302,345
   4.
  a.  For the division of narcotics enforcement, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $  6,429,884
............................................... FTEs      74.00
   b.  For the division of narcotics enforcement for undercover purchases:
.................................................. $    109,042
   5.  For the division of state fire marshal, for fire protection services as provided through the state fire service and emergency response council as created in the department, and for the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $  4,298,707
............................................... FTEs      55.00
   6.  For the division of state patrol, for salaries, support, maintenance, workers’ compensation costs, and miscellaneous purposes, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $ 51,903,233
............................................... FTEs     513.00
   It is the intent of the general assembly that members of the state patrol be assigned to patrol the highways and roads in lieu of assignments for inspecting school buses for the school districts.
   7.  For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:
.................................................. $    279,517

   8.  For costs associated with the training and equipment needs of volunteer fire fighters:
.................................................. $    725,520
   a.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the succeeding fiscal year.
   b.  Notwithstanding section 8.39, within the moneys appropriated in this section, the department of public safety may reallocate moneys as necessary to best fulfill the needs provided for in the appropriation. However, the department shall not reallocate an appropriation made to the department in this section unless notice of the reallocation is given to the legislative services agency and the department of management prior to the effective date of the reallocation. The notice shall include information regarding the rationale for reallocating the appropriation. The department shall not reallocate an appropriation made in this section for the purpose of eliminating any program.
   Sec. 376.  GAMING ENFORCEMENT.
   1.  There is appropriated from the gaming enforcement revolving fund created in section 80.43 to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For any direct and indirect support costs for agents and officers of the division of criminal investigation’s excursion gambling boat, gambling structure, and racetrack enclosure enforcement activities, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  9,836,306
............................................... FTEs     120.00
   2.  For each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal year beginning July 1, 2011, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions.
   3.  The department of public safety, with the approval of the department of management, may employ no more than two special agents and four gaming enforcement officers for each additional riverboat or gambling structure regulated after July 1, 2011, and one special agent for each racing facility which becomes operational during the fiscal year which begins July 1, 2011. One additional gaming enforcement officer, up to a total of four per riverboat or gambling structure, may be employed for each riverboat or gambling structure that has extended operations to 24 hours and has not previously operated with a 24-hour schedule. Positions authorized in this subsection are in addition to the full-time equivalent positions otherwise authorized in this section.
   Sec. 377.  CIVIL RIGHTS COMMISSION.  There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,297,069
............................................... FTEs      28.00
   The Iowa state civil rights commission may enter into a contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints.
   Sec. 378.  IOWA COMMUNICATIONS NETWORK.  It is the intent of the general assembly that the executive branch agencies receiving an appropriation in this Act utilize the Iowa communications network or secure other electronic communications in lieu of traveling for the fiscal year addressed by the appropriations.
   Sec. 379.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION.  There is appropriated from the wireless E911 emergency communications fund created in section 34A.7A to the administrator of the homeland security and emergency management division of the department of public defense for the fiscal year beginning July 1, 2011, and ending June 30, 2012, an amount not exceeding $200,000 to be used for implementation, support, and maintenance of the functions of the administrator and program manager under chapter 34A and to employ the auditor of the state to perform an annual audit of the wireless E911 emergency communications fund.
   Sec. 380.  SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— RATIO.  Notwithstanding section 8A.402, subsection 2, paragraph “g”, for the fiscal year beginning July 1, 2011, the department of corrections, department of public safety, and the judicial district departments of correctional services shall be exempt from the target ratio of supervisory employees to other employees otherwise applicable for that fiscal year under section 8A.402, subsection 2, paragraph “g”.
   Sec. 381.  GERIATRIC AND PSYCHIATRIC TREATMENT REPORT.  The departments of corrections, human services, inspections and appeals, and public health, and the board of parole, shall jointly study the development and establishment of treatment options for geriatric and psychiatric patients currently under the care, custody, and control of the state to provide maximum treatment opportunities for such persons while achieving fiscal efficiencies. The department of corrections in consultation with the other departments and the board of parole, shall provide a report detailing the results of the study to the co-chairpersons and the ranking members of the joint appropriations subcommittee on health and human services, the co-chairpersons and ranking members of the joint appropriations subcommittee on justice system, and the legislative services agency by November 15, 2011.
   Sec. 382.  Section 80.43, Code 2011, is amended to read as follows:
   80.43  Gaming enforcement —— revolving fund.
   1.  A gaming enforcement revolving fund is created in the state treasury under the control of the department. The fund shall consist of fees collected and deposited into the fund paid by licensees pursuant to section 99D.14, subsection 2, paragraph “b”, and fees paid by licensees pursuant to section 99F.10, subsection 4, paragraph “b”. All costs for agents and officers plus any direct and indirect support costs for such agents and officers of the division of criminal investigation’s racetrack, excursion boat, or gambling structure enforcement activities shall be paid from the fund as provided in appropriations made for this purpose by the general assembly. The department shall submit quarterly reports to the department of management and the legislative services agency relating to revenues billed and collected and expenditures from the fund in a format determined by the department of management after consultation with the legislative services agency.
   2.  To meet the department’s cash flow needs, the department may temporarily use funds from the general fund of the state to pay expenses in excess of moneys available in the revolving fund if those additional expenditures are fully reimbursable and the department reimburses the general fund of the state and ensures all moneys are repaid in full by the close of the fiscal year. Notwithstanding any provision of the law to the contrary, in order to minimize the use of moneys from the general fund of the state, the department shall estimate the temporary use of funds from the general fund of the state for the cash flow needs of the revolving fund as early as possible in each fiscal year. Because any general fund moneys used shall be fully reimbursed, such temporary use of funds from the general fund of the state shall not constitute an appropriation for purposes of calculating the state general fund expenditure limitation pursuant to section 8.54.
   3.  Section 8.33 does not apply to any moneys credited or appropriated to the revolving fund from any other fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.
   4.  The establishment of the revolving fund pursuant to this section shall not be interpreted in any manner to compromise or impact the accountability of, and the limitation of authority with respect to, an agency or entity under state law. Any provision applicable to, or responsibility of, a division or office collecting moneys for deposit into the fund created in this section shall not be altered or impacted by the existence of the fund and shall remain applicable to the same extent as if the division or office were receiving moneys pursuant to an appropriation from the general fund of the state. The department shall comply with directions issued by the governor to executive branch departments regarding restrictions on out-of-state travel, hiring justifications, association memberships, equipment purchases, consulting contracts, and any other expenditure efficiencies the governor deems appropriate.
   Sec. 383.  2009 Iowa Acts, chapter 178, section 20, is amended to read as follows:
   SEC. 20.  CONSUMER EDUCATION AND LITIGATION FUND.
  Notwithstanding section 714.16C, for each fiscal year of the period beginning July 1, 2008, and ending June 30, 2011 2013, the annual appropriations in section 714.16C, are increased from $1,125,000 to $1,875,000, and $75,000 to $125,000 respectively. Moneys appropriated from the consumer education and litigation fund may be allocated for cash flow purposes to the victim compensation fund established in section 915.94 during each of the fiscal years enumerated, provided that any moneys so allocated are returned to the consumer education and litigation fund by the end of each fiscal year an allocation occurs. 

DIVISION XLI

JUSTICE SYSTEM

FY 2012-2013
   Sec. 384.  DEPARTMENT OF JUSTICE.
   1.  There is appropriated from the general fund of the state to the department of justice for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the general office of attorney general for salaries, support, maintenance, and miscellaneous purposes, including the prosecuting attorneys training program, matching funds for federal violence against women grant programs, victim assistance grants, office of drug control policy prosecuting attorney program, and odometer fraud enforcement, and for not more than the following full-time equivalent positions:
.................................................. $  6,538,991
............................................... FTEs     212.00
   It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph, the department of justice shall maintain a record of the estimated time incurred representing each agency or department.
   b.  For victim assistance grants:
.................................................. $  2,444,940
   The funds appropriated in this lettered paragraph shall be used to provide grants to care providers providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault.
   The balance of the victim compensation fund established in section 915.94 may be used to provide salary and support of not more than 24 FTEs and to provide maintenance for the victim compensation functions of the department of justice.
   The department of justice may transfer moneys from the victim compensation fund established in section 915.94 to the victim assistance grant program.
   c.  For legal services for persons in poverty grants as provided in section 13.34:
.................................................. $  1,530,000
   2.
  a.  The department of justice, in submitting budget estimates for the fiscal year commencing July 1, 2013, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of justice or to the office of consumer advocate. These funding sources shall include but are not limited to reimbursements from other state agencies, commissions, boards, or similar entities, and reimbursements from special funds or internal accounts within the department of justice. The department of justice shall also report actual reimbursements for the fiscal year commencing July 1, 2011, and actual and expected reimbursements for the fiscal year commencing July 1, 2012.
   b.  The department of justice shall include the report required under paragraph “a”, as well as information regarding any revisions occurring as a result of reimbursements actually received or expected at a later date, in a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2013.
   Sec. 385.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the office of consumer advocate of the department of justice for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,665,739
............................................... FTEs      22.00
   Sec. 386.  DEPARTMENT OF CORRECTIONS —— FACILITIES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the operation of adult correctional institutions, reimbursement of counties for certain confinement costs, and federal prison reimbursement, to be allocated as follows:
   a.  For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 34,876,591
   b.  For the operation of the Anamosa correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 27,188,078
   c.  For the operation of the Oakdale correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 47,255,262
   d.  For the operation of the Newton correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 22,064,943
   e.  For the operation of the Mt. Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 22,030,143
   f.  For the operation of the Rockwell City correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  7,918,996
   g.  For the operation of the Clarinda correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 20,943,590
   Moneys received by the department of corrections as reimbursement for services provided to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility.
   h.  For the operation of the Mitchellville correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 13,273,068
   i.  For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 24,702,900
   j.  For reimbursement of counties for temporary confinement of work release and parole violators, as provided in sections 901.7, 904.908, and 906.17, and for offenders confined pursuant to section 904.513:
.................................................. $    658,828
   k.  For federal prison reimbursement, reimbursements for out-of-state placements, and miscellaneous contracts:
.................................................. $    203,499
   2.  The department of corrections shall use moneys appropriated in subsection 1 to continue to contract for the services of a Muslim imam and a Native American spiritual leader.
   Sec. 387.  DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.
   There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For general administration, including salaries, support, maintenance, employment of an education director to administer a centralized education program for the correctional system, and miscellaneous purposes:
.................................................. $  4,110,211
   a.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not, except as otherwise provided in paragraph “c”, enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2012, for the privatization of services performed by the department using state employees as of July 1, 2012, or for the privatization of new services by the department without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system.
   b.  It is the intent of the general assembly that each lease negotiated by the department of corrections with a private corporation for the purpose of providing private industry employment of inmates in a correctional institution shall prohibit the private corporation from utilizing inmate labor for partisan political purposes for any person seeking election to public office in this state and that a violation of this requirement shall result in a termination of the lease agreement.
   c.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not enter into a lease or contractual agreement pursuant to section 904.809 with a private corporation for the use of building space for the purpose of providing inmate employment without providing that the terms of the lease or contract establish safeguards to restrict, to the greatest extent feasible, access by inmates working for the private corporation to personal identifying information of citizens.
   2.  For educational programs for inmates at state penal institutions:
.................................................. $  1,961,893
   a.  As a condition of receiving the appropriation in this subsection, the department of corrections shall transfer at least $300,000 from the canteen operating funds established pursuant to section 904.310 to be used for correctional educational programs funded in this subsection.
   b.  It is the intent of the general assembly that moneys appropriated in this subsection shall be used solely for the purpose indicated and that the moneys shall not be transferred for any other purpose. In addition, it is the intent of the general assembly that the department shall consult with the community colleges in the areas in which the institutions are located to utilize moneys appropriated in this subsection to fund the high school completion, high school equivalency diploma, adult literacy, and adult basic education programs in a manner so as to maintain these programs at the institutions.
   c.  To maximize the funding for educational programs, the department shall establish guidelines and procedures to prioritize the availability of educational and vocational training for inmates based upon the goal of facilitating an inmate’s successful release from the correctional institution.
   d.  The director of the department of corrections may transfer moneys from Iowa prison industries for use in educational programs for inmates.
   e.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobligated or unexpended at the close of the fiscal year shall not revert but shall remain available to be used only for the purposes designated in this subsection until the close of the succeeding fiscal year.
   3.  For the development of the Iowa corrections offender network (ICON) data system:
.................................................. $    360,709
   4.  For offender mental health and substance abuse treatment:
.................................................. $     18,971
   5.  For viral hepatitis prevention and treatment:
.................................................. $    142,699
   Sec. 388.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2012, and ending June 30, 2013, for salaries, support, maintenance, and miscellaneous purposes, the following amounts, or so much thereof as is necessary, to be allocated as follows:
   a.  For the first judicial district department of correctional services:
.................................................. $ 10,217,083
   b.  For the second judicial district department of correctional services:
.................................................. $  8,786,406
   c.  For the third judicial district department of correctional services:
.................................................. $  4,759,800
   d.  For the fourth judicial district department of correctional services:
.................................................. $  4,582,652
   e.  For the fifth judicial district department of correctional services, including funding for electronic monitoring devices for use on a statewide basis:
.................................................. $ 15,930,810
   f.  For the sixth judicial district department of correctional services:
.................................................. $ 11,145,679

   g.  For the seventh judicial district department of correctional services:
.................................................. $  5,518,892
   h.  For the eighth judicial district department of correctional services:
.................................................. $  5,721,397
   2.  Each judicial district department of correctional services, within the funding available, shall continue programs and plans established within that district to provide for intensive supervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanction available, job development, and expanded use of intermediate criminal sanctions.
   3.  Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department of correctional services may also establish a day program.
   4.  The governor’s office of drug control policy shall consider federal grants made to the department of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations.
   5.  The department of corrections shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide.
   6.  A judicial district department of correctional services shall accept into the facilities of the district department, offenders assigned from other judicial district departments of correctional services.
   Sec. 389.  DEPARTMENT OF CORRECTIONS —— REALLOCATION OF APPROPRIATIONS.  Notwithstanding section 8.39, within the moneys appropriated in this division of this Act to the department of corrections, the department may reallocate the moneys appropriated and allocated as necessary to best fulfill the needs of the correctional institutions, administration of the department, and the judicial district departments of correctional services. However, in addition to complying with the requirements of sections 904.116 and 905.8 and providing notice to the legislative services agency, the department of corrections shall also provide notice to the department of management, prior to the effective date of the revision or reallocation of an appropriation made pursuant to this section. The department of corrections shall not reallocate an appropriation or allocation for the purpose of eliminating any program.
   Sec. 390.  INTENT —— REPORTS.
   1.  The department of corrections in cooperation with townships, the Iowa cemetery associations, and other nonprofit or governmental entities may use inmate labor during the fiscal year beginning July 1, 2012, to restore or preserve rural cemeteries and historical landmarks. The department in cooperation with the counties may also use inmate labor to clean up roads, major water sources, and other water sources around the state.
   2.  On a quarterly basis the department shall provide a status report regarding private-sector employment to the legislative services agency beginning on July 1, 2012. The report shall include the number of offenders employed in the private sector, the combined number of hours worked by the offenders, the total amount of allowances, and the distribution of allowances pursuant to section 904.702, including any moneys deposited in the general fund of the state.
   Sec. 391.  ELECTRONIC MONITORING REPORT.  The department of corrections shall submit a report on electronic monitoring to the general assembly, to the co-chairpersons and the ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2013. The report shall specifically address the number of persons being electronically monitored and break down the number of persons being electronically monitored by offense committed. The report shall also include a comparison of any data from the prior fiscal year with the current year.
   Sec. 392.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   1.  As used in this section, unless the context otherwise requires, “state agency” means the government of the state of Iowa, including but not limited to all executive branch departments, agencies, boards, bureaus, and commissions, the judicial branch, the general assembly and all legislative agencies, institutions within the purview of the state board of regents, and any corporation whose primary function is to act as an instrumentality of the state.
   2.  State agencies are hereby encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. State agencies shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2012, exceeding $5,000 or in accordance with applicable administrative rules related to purchases for the agency.
   Sec. 393.  IOWA LAW ENFORCEMENT ACADEMY.
   1.  There is appropriated from the general fund of the state to the Iowa law enforcement academy for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, including jailer training and technical assistance, and for not more than the following full-time equivalent positions:
.................................................. $    738,393
............................................... FTEs      24.55
   It is the intent of the general assembly that the Iowa law enforcement academy may provide training of state and local law enforcement personnel concerning the recognition of and response to persons with Alzheimer’s disease.
   The Iowa law enforcement academy may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  The Iowa law enforcement academy may select at least five automobiles of the department of public safety, division of state patrol, prior to turning over the automobiles to the department of administrative services to be disposed of by public auction, and the Iowa law enforcement academy may exchange any automobile owned by the academy for each automobile selected if the selected automobile is used in training law enforcement officers at the academy. However, any automobile exchanged by the academy shall be substituted for the selected vehicle of the department of public safety and sold by public auction with the receipts being deposited in the depreciation fund to the credit of the department of public safety, division of state patrol.
   Sec. 394.  STATE PUBLIC DEFENDER.  There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 25,083,182
............................................... FTEs     219.00
   2.  For the fees of court-appointed attorneys for indigent adults and juveniles, in accordance with section 232.141 and chapter 815:
.................................................. $ 30,680,929
   Sec. 395.  BOARD OF PAROLE.  There is appropriated from the general fund of the state to the board of parole for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    895,760
............................................... FTEs      12.50
   Sec. 396.  DEPARTMENT OF PUBLIC DEFENSE.  There is appropriated from the general fund of the state to the department of public defense for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  MILITARY DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  4,697,986
............................................... FTEs     313.00
   The military division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,561,345
............................................... FTEs      40.00

   a.  The homeland security and emergency management division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   b.  It is the intent of the general assembly that the homeland security and emergency management division work in conjunction with the department of public safety, to the extent possible, when gathering and analyzing information related to potential domestic or foreign security threats, and when monitoring such threats.
   Sec. 397.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the department’s administrative functions, including the criminal justice information system, and for not more than the following full-time equivalent positions:
.................................................. $  3,406,014
............................................... FTEs      36.00
   2.  For the division of criminal investigation, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $ 10,653,841
............................................... FTEs     159.10
   The department shall employ one additional special agent and one additional criminalist for the purpose of investigating cold cases. Prior to employing the additional special agent and criminalist authorized in this paragraph, the department shall provide a written statement to prospective employees that states to the effect that the positions are being funded by a temporary federal grant and there are no assurances that funds from other sources will be available after the federal funding expires. If the federal funding for the additional positions expires during the fiscal year, the number of full-time equivalent positions authorized in this subsection is reduced by 2.00 FTEs.
   3.  For the criminalistics laboratory fund created in section 691.9:
.................................................. $    256,993
   4.
  a.  For the division of narcotics enforcement, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $  5,465,401
............................................... FTEs      74.00
   b.  For the division of narcotics enforcement for undercover purchases:
.................................................. $     92,686
   5.  For the division of state fire marshal, for fire protection services as provided through the state fire service and emergency response council as created in the department, and for the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $  3,653,901
............................................... FTEs      55.00
   6.  For the division of state patrol, for salaries, support, maintenance, workers’ compensation costs, and miscellaneous purposes, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $ 44,117,748
............................................... FTEs     513.00
   It is the intent of the general assembly that members of the state patrol be assigned to patrol the highways and roads in lieu of assignments for inspecting school buses for the school districts.
   7.  For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:
.................................................. $    237,589
   8.  For costs associated with the training and equipment needs of volunteer fire fighters:
.................................................. $    616,692
   a.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the succeeding fiscal year.
   b.  Notwithstanding section 8.39, within the moneys appropriated in this section, the department of public safety may reallocate moneys as necessary to best fulfill the needs provided for in the appropriation. However, the department shall not reallocate an appropriation made to the department in this section unless notice of the reallocation is given to the legislative services agency and the department of management prior to the effective date of the reallocation. The notice shall include information regarding the rationale for reallocating the appropriation. The department shall not reallocate an appropriation made in this section for the purpose of eliminating any program.
   Sec. 398.  GAMING ENFORCEMENT.
   1.  There is appropriated from the gaming enforcement revolving fund created in section 80.43 to the department of public safety for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For any direct and indirect support costs for agents and officers of the division of criminal investigation’s excursion gambling boat, gambling structure, and racetrack enclosure enforcement activities, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  8,360,860
............................................... FTEs     120.00
   2.  For each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal year beginning July 1, 2012, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2012, and ending June 30, 2013, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions.
   3.  The department of public safety, with the approval of the department of management, may employ no more than two special agents and four gaming enforcement officers for each additional riverboat or gambling structure regulated after July 1, 2012, and one special agent for each racing facility which becomes operational during the fiscal year which begins July 1, 2012. One additional gaming enforcement officer, up to a total of four per riverboat or gambling structure, may be employed for each riverboat or gambling structure that has extended operations to 24 hours and has not previously operated with a 24-hour schedule. Positions authorized in this subsection are in addition to the full-time equivalent positions otherwise authorized in this section.
   Sec. 399.  CIVIL RIGHTS COMMISSION.  There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,102,509
............................................... FTEs      28.00
   The Iowa state civil rights commission may enter into a contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints.
   Sec. 400.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION.  There is appropriated from the wireless E911 emergency communications fund created in section 34A.7A to the administrator of the homeland security and emergency management division of the department of public defense for the fiscal year beginning July 1, 2012, and ending June 30, 2013, an amount not exceeding $200,000 to be used for implementation, support, and maintenance of the functions of the administrator and program manager under chapter 34A and to employ the auditor of the state to perform an annual audit of the wireless E911 emergency communications fund.
   Sec. 401.  SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— RATIO.  Notwithstanding section 8A.402, subsection 2, paragraph “g”, for the fiscal year beginning July 1, 2011, the department of corrections, department of public safety, and the judicial district departments of correctional services shall be exempt from the target ratio of supervisory employees to other employees otherwise applicable for that fiscal year under section 8A.402, subsection 2, paragraph “g”.

DIVISION XLII

JUDICIAL BRANCH

FY 2011-2012
   Sec. 402.  JUDICIAL BRANCH —— APPROPRIATIONS.
   1.  There is appropriated from the general fund of the state to the judicial branch for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For salaries of supreme court justices, appellate court judges, district court judges, district associate judges, judicial magistrates and staff, state court administrator, clerk of the supreme court, district court administrators, clerks of the district court, juvenile court officers, board of law examiners and board of examiners of shorthand reporters and judicial qualifications commission; receipt and disbursement of child support payments; reimbursement of the auditor of state for expenses incurred in completing audits of the offices of the clerks of the district court during the fiscal year beginning July 1, 2011; and maintenance, equipment, and miscellaneous purposes:
.................................................. $154,111,822
   b.  For deposit in the revolving fund created pursuant to section 602.1302, subsection 3, for jury and witness fees, mileage, costs related to summoning jurors, fees for interpreters, and reimbursement of attorney fees paid by the state public defender:
.................................................. $  2,300,000
   2.  The judicial branch, except for purposes of internal processing, shall use the current state budget system, the state payroll system, and the Iowa finance and accounting system in administration of programs and payments for services, and shall not duplicate the state payroll, accounting, and budgeting systems.
   3.  The judicial branch shall submit monthly financial statements to the legislative services agency and the department of management containing all appropriated accounts in the same manner as provided in the monthly financial status reports and personal services usage reports of the department of administrative services. The monthly financial statements shall include a comparison of the dollars and percentage spent of budgeted versus actual revenues and expenditures on a cumulative basis for full-time equivalent positions and dollars.
   4.  The judicial branch shall focus efforts upon the collection of delinquent fines, penalties, court costs, fees, surcharges, or similar amounts.
   5.  It is the intent of the general assembly that the offices of the clerk of the district court operate in all 99 counties and be accessible to the public as much as reasonably possible in order to address the relative needs of the citizens of each county.
   6.  In addition to the requirements for transfers under section 8.39, the judicial branch shall not change the appropriations from the amounts appropriated to the judicial branch in this division of this Act, unless notice of the revisions is given prior to their effective date to the legislative services agency. The notice shall include information on the branch’s rationale for making the changes and details concerning the workload and performance measures upon which the changes are based.
   7.  The judicial branch shall submit a semiannual update to the legislative services agency specifying the amounts of fines, surcharges, and court costs collected using the Iowa court information system since the last report. The judicial branch shall continue to facilitate the sharing of vital sentencing and other information with other state departments and governmental agencies involved in the criminal justice system through the Iowa court information system.
   8.  The judicial branch shall provide a report to the general assembly by January 1, 2012, concerning the amounts received and expended from the enhanced court collections fund created in section 602.1304 and the court technology and modernization fund created in section 602.8108, subsection 7, during the fiscal year beginning July 1, 2010, and ending June 30, 2011, and the plans for expenditures from each fund during the fiscal year beginning July 1, 2011, and ending June 30, 2012. A copy of the report shall be provided to the legislative services agency.
   9.  The judicial branch is encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. The judicial branch shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2011, exceeding $5,000.
   Sec. 403.  CIVIL TRIALS —— LOCATION.  Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, if all parties in a case agree, a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district. If the trial is moved pursuant to this section, court personnel shall treat the case as if a change of venue occurred. However, if a trial is moved to an adjacent judicial district or judicial election district, the judicial officers serving in the judicial district or judicial election district receiving the case shall preside over the case.
   Sec. 404.  TRAVEL REIMBURSEMENT.  Notwithstanding section 602.1509, for the fiscal year beginning July 1, 2011, a judicial officer may waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official judicial business.
   Sec. 405.  POSTING OF REPORTS IN ELECTRONIC FORMAT —— LEGISLATIVE SERVICES AGENCY.  All reports or copies of reports required to be provided by the judicial branch for fiscal year 2011-2012 to the legislative services agency shall be provided in an electronic format. The legislative services agency shall post the reports on its internet website and shall notify by electronic means all the members of the joint appropriations subcommittee on the justice system when a report is posted. Upon request, copies of the reports may be mailed to members of the joint appropriations subcommittee on the justice system.
   Sec. 406.  JUDICIAL OFFICER —— UNPAID LEAVE.  Notwithstanding the annual salary rates for judicial officers established by 2008 Iowa Acts, chapter 1191, section 11, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the supreme court may by order place all judicial officers on unpaid leave status on any day employees of the judicial branch are placed on temporary layoff status. The biweekly pay of the judicial officers shall be reduced accordingly for the pay period in which the unpaid leave date occurred in the same manner as for noncontract employees of the judicial branch. Through the course of the fiscal year, the judicial branch may use an amount equal to the aggregate amount of salary reductions due to the judicial officer unpaid leave days for any purpose other than for judicial salaries.
   Sec. 407.  IOWA COMMUNICATIONS NETWORK.  It is the intent of the general assembly that the judicial branch utilize the Iowa communications network or other secure electronic communications in lieu of traveling for the fiscal year beginning July 1, 2011.

DIVISION XLIII

JUDICIAL BRANCH

FY 2012-2013
   Sec. 408.  JUDICIAL BRANCH —— APPROPRIATIONS.
   1.  There is appropriated from the general fund of the state to the judicial branch for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For salaries of supreme court justices, appellate court judges, district court judges, district associate judges, judicial magistrates and staff, state court administrator, clerk of the supreme court, district court administrators, clerks of the district court, juvenile court officers, board of law examiners and board of examiners of shorthand reporters and judicial qualifications commission; receipt and disbursement of child support payments; reimbursement of the auditor of state for expenses incurred in completing audits of the offices of the clerks of the district court during the fiscal year beginning July 1, 2012; and maintenance, equipment, and miscellaneous purposes:
.................................................. $154,111,822
   b.  For deposit in the revolving fund created pursuant to section 602.1302, subsection 3, for jury and witness fees, mileage, costs related to summoning jurors, fees for interpreters, and reimbursement of attorney fees paid by the state public defender:
.................................................. $  2,300,000
   2.  The judicial branch, except for purposes of internal processing, shall use the current state budget system, the state payroll system, and the Iowa finance and accounting system in administration of programs and payments for services, and shall not duplicate the state payroll, accounting, and budgeting systems.
   3.  The judicial branch shall submit monthly financial statements to the legislative services agency and the department of management containing all appropriated accounts in the same manner as provided in the monthly financial status reports and personal services usage reports of the department of administrative services. The monthly financial statements shall include a comparison of the dollars and percentage spent of budgeted versus actual revenues and expenditures on a cumulative basis for full-time equivalent positions and dollars.
   4.  The judicial branch shall focus efforts upon the collection of delinquent fines, penalties, court costs, fees, surcharges, or similar amounts.
   5.  It is the intent of the general assembly that the offices of the clerk of the district court operate in all 99 counties and be accessible to the public as much as reasonably possible in order to address the relative needs of the citizens of each county.
   6.  In addition to the requirements for transfers under section 8.39, the judicial branch shall not change the appropriations from the amounts appropriated to the judicial branch in this division of this Act, unless notice of the revisions is given prior to their effective date to the legislative services agency. The notice shall include information on the branch’s rationale for making the changes and details concerning the workload and performance measures upon which the changes are based.
   7.  The judicial branch shall submit a semiannual update to the legislative services agency specifying the amounts of fines, surcharges, and court costs collected using the Iowa court information system since the last report. The judicial branch shall continue to facilitate the sharing of vital sentencing and other information with other state departments and governmental agencies involved in the criminal justice system through the Iowa court information system.
   8.  The judicial branch shall provide a report to the general assembly by January 1, 2013, concerning the amounts received and expended from the enhanced court collections fund created in section 602.1304 and the court technology and modernization fund created in section 602.8108, subsection 7, during the fiscal year beginning July 1, 2011, and ending June 30, 2012, and the plans for expenditures from each fund during the fiscal year beginning July 1, 2012, and ending June 30, 2013. A copy of the report shall be provided to the legislative services agency.
   9.  The judicial branch is encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. The judicial branch shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2012, exceeding $5,000.
   Sec. 409.  CIVIL TRIALS —— LOCATION.  Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, if all parties in a case agree, a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district. If the trial is moved pursuant to this section, court personnel shall treat the case as if a change of venue occurred. However, if a trial is moved to an adjacent judicial district or judicial election district, the judicial officers serving in the judicial district or judicial election district receiving the case shall preside over the case.
   Sec. 410.  TRAVEL REIMBURSEMENT.  Notwithstanding section 602.1509, for the fiscal year beginning July 1, 2012, a judicial officer may waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official judicial business.
   Sec. 411.  POSTING OF REPORTS IN ELECTRONIC FORMAT —— LEGISLATIVE SERVICES AGENCY.  All reports or copies of reports required to be provided by the judicial branch for fiscal year 2012-2013 to the legislative services agency shall be provided in an electronic format. The legislative services agency shall post the reports on its internet website and shall notify by electronic means all the members of the joint appropriations subcommittee on the justice system when a report is posted. Upon request, copies of the reports may be mailed to members of the joint appropriations subcommittee on the justice system.
   Sec. 412.  JUDICIAL OFFICER —— UNPAID LEAVE.  Notwithstanding the annual salary rates for judicial officers established by 2008 Iowa Acts, chapter 1191, section 11, for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the supreme court may by order place all judicial officers on unpaid leave status on any day employees of the judicial branch are placed on temporary layoff status. The biweekly pay of the judicial officers shall be reduced accordingly for the pay period in which the unpaid leave date occurred in the same manner as for noncontract employees of the judicial branch. Through the course of the fiscal year, the judicial branch may use an amount equal to the aggregate amount of salary reductions due to the judicial officer unpaid leave days for any purpose other than for judicial salaries.
   Sec. 413.  IOWA COMMUNICATIONS NETWORK.  It is the intent of the general assembly that the judicial branch utilize the Iowa communications network or other secure electronic communications in lieu of traveling for the fiscal year beginning July 1, 2012.

DIVISION XLIV

TRANSPORTATION

FY 2011-2012
   Sec. 414.  ROAD USE TAX FUND.  There is appropriated from the road use tax fund created in section 312.1 to the department of transportation for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the payment of costs associated with the production of driver’s licenses, as defined in section 321.1, subsection 20A:
.................................................. $  3,876,000
   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes specified in this subsection until the close of the succeeding fiscal year.
   2.  For salaries, support, maintenance, and miscellaneous purposes:
   a.  Operations:
.................................................. $  6,570,000
   b.  Planning:
.................................................. $    458,000
   c.  Motor vehicles:
.................................................. $ 33,921,000
   3.  For payments to the department of administrative services for utility services:
.................................................. $    225,000
   4.  Unemployment compensation:
.................................................. $      7,000
   5.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of employees of the department of transportation:
.................................................. $    119,000
   6.  For payment to the general fund of the state for indirect cost recoveries:
.................................................. $     78,000
   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:
.................................................. $     67,319
   8.  For automation, telecommunications, and related costs associated with the county issuance of driver’s licenses and vehicle registrations and titles:
.................................................. $  1,406,000
   9.  For transfer to the department of public safety for operating a system providing toll-free telephone road and weather conditions information:
.................................................. $    100,000
   10.  For costs associated with the participation in the Mississippi river parkway commission:
.................................................. $     40,000
   11.  For motor vehicle division field facility maintenance projects at various locations:
.................................................. $    200,000
   12.  For scale replacement projects at various locations:
.................................................. $    550,000
   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in subsections 11 and 12 that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the projects for which the appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.
   Sec. 415.  PRIMARY ROAD FUND.  There is appropriated from the primary road fund created in section 313.3 to the department of transportation for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
   a.  Operations:
.................................................. $ 40,356,529
............................................... FTEs     296.00
   b.  Planning:
.................................................. $  8,697,095
............................................... FTEs     121.00
   c.  Highways:
.................................................. $230,913,992
............................................... FTEs   2,247.00
   d.  Motor vehicles:
.................................................. $  1,413,540
............................................... FTEs     445.00
   2.  For payments to the department of administrative services for utility services:
.................................................. $  1,388,000
   3.  Unemployment compensation:
.................................................. $    138,000
   4.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of the employees of the department of transportation:
.................................................. $  2,846,000
   5.  For disposal of hazardous wastes from field locations and the central complex:
.................................................. $    800,000
   6.  For payment to the general fund of the state for indirect cost recoveries:
.................................................. $    572,000
   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:
.................................................. $    415,181
   8.  For costs associated with producing transportation maps:
.................................................. $    242,000
   9.  For inventory and equipment replacement:
.................................................. $  5,366,000
   10.  For utility improvements at various locations:
.................................................. $    400,000
   11.  For roofing projects at various locations:
.................................................. $    200,000
   12.  For heating, cooling, and exhaust system improvements at various locations:
.................................................. $    400,000

   13.  For deferred maintenance projects at field facilities throughout the state:
.................................................. $  1,000,000
   14.  For elevator upgrades at the Ames complex:
.................................................. $    100,000
   15.  For wastewater treatment improvements at various locations:
.................................................. $  1,000,000
   16.  For replacement of the Swea City garage:
.................................................. $  2,100,000
   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in subsections 10 through 16 that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION XLV

TRANSPORTATION

FY 2012-2013
   Sec. 416.  ROAD USE TAX FUND.  There is appropriated from the road use tax fund created in section 312.1 to the department of transportation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the payment of costs associated with the production of driver’s licenses, as defined in section 321.1, subsection 20A:
.................................................. $  3,876,000
   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes specified in this subsection until the close of the succeeding fiscal year.
   2.  For salaries, support, maintenance, and miscellaneous purposes:
   a.  Operations:
.................................................. $  5,584,500
   b.  Planning:
.................................................. $    389,300
   c.  Motor vehicles:
.................................................. $ 28,832,850
   3.  For payments to the department of administrative services for utility services:
.................................................. $    191,250
   4.  Unemployment compensation:
.................................................. $      5,950
   5.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of employees of the department of transportation:
.................................................. $    101,150
   6.  For payment to the general fund of the state for indirect cost recoveries:
.................................................. $     66,300
   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:
.................................................. $     57,221
   8.  For automation, telecommunications, and related costs associated with the county issuance of driver’s licenses and vehicle registrations and titles:
.................................................. $  1,195,100
   9.  For transfer to the department of public safety for operating a system providing toll-free telephone road and weather conditions information:
.................................................. $     85,000
   10.  For costs associated with the participation in the Mississippi river parkway commission:
.................................................. $     34,000
   11.  For motor vehicle division field facility maintenance projects at various locations:
.................................................. $    200,000
   12.  For scale replacement projects at various locations:
.................................................. $    550,000
   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in subsections 11 and 12 that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the projects for which the appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.
   Sec. 417.  PRIMARY ROAD FUND.  There is appropriated from the primary road fund created in section 313.3 to the department of transportation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
   a.  Operations:
.................................................. $ 34,303,050
............................................... FTEs     296.00
   b.  Planning:
.................................................. $  7,392,531
............................................... FTEs     121.00
   c.  Highways:
.................................................. $196,276,893
............................................... FTEs   2,247.00
   d.  Motor vehicles:
.................................................. $  1,201,509
............................................... FTEs     445.00
   2.  For payments to the department of administrative services for utility services:
.................................................. $  1,179,800
   3.  Unemployment compensation:
.................................................. $    117,300
   4.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of the employees of the department of transportation:
.................................................. $  2,419,100
   5.  For disposal of hazardous wastes from field locations and the central complex:
.................................................. $    680,000
   6.  For payment to the general fund of the state for indirect cost recoveries:
.................................................. $    486,200
   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:
.................................................. $    352,904
   8.  For costs associated with producing transportation maps:
.................................................. $    205,700
   9.  For inventory and equipment replacement:
.................................................. $  4,561,100
   10.  For utility improvements at various locations:
.................................................. $    400,000
   11.  For roofing projects at various locations:
.................................................. $    200,000
   12.  For heating, cooling, and exhaust system improvements at various locations:
.................................................. $    200,000
   13.  For deferred maintenance projects at field facilities throughout the state:
.................................................. $  1,000,000
   14.  For wastewater treatment improvements at various locations:
.................................................. $  1,000,000
   15.  For replacement of the New Hampton combined facility:
.................................................. $  5,200,000
   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in subsections 10 through 15 that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION XLVI

INFRASTRUCTURE AND CAPITALS

REBUILD IOWA INFRASTRUCTURE FUND
   Sec. 418.  There is appropriated from the rebuild Iowa infrastructure fund to the following departments and agencies for the following fiscal years, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
   a.  For projects related to major repairs and major maintenance for state buildings and facilities:
FY 2012-2013.................................................. $  6,000,000
   b.  For exterior repairs and related improvements to the state historical building:
FY 2011-2012.................................................. $  1,200,000
   c.  For infrastructure improvements, including fire safety and security systems, in the secretary of state offices in the Lucas state office building:
FY 2011-2012.................................................. $     45,000
   d.  For fire protection improvements at the facilities management center and central energy plant on the capitol complex:
FY 2012-2013.................................................. $  2,000,000
   e.  For renovation, repairs, replacement, and related improvements to extend the useful life of buildings on the capitol complex and to make improvements, including improvements relating to safety and building code requirements, to the capitol complex grounds:
FY 2012-2013.................................................. $  2,000,000
   2.  DEPARTMENT FOR THE BLIND
   For replacement of air handlers and related improvements:
FY 2011-2012.................................................. $  1,065,674
   3.  DEPARTMENT OF CORRECTIONS
   a.  For the construction project and one-time furniture, fixture, and equipment costs at Fort Madison:
FY 2011-2012.................................................. $  5,155,077
FY 2012-2013.................................................. $ 18,269,124
FY 2013-2014.................................................. $  3,000,000
   b.  For the construction project and one-time equipment costs at the Iowa correctional facility for women at Mitchellville:
FY 2011-2012.................................................. $  3,061,556
FY 2012-2013.................................................. $  5,391,062
FY 2013-2014.................................................. $ 26,769,040
   4.  DEPARTMENT OF CULTURAL AFFAIRS
   For deposit into the Iowa great places program fund created in section 303.3D for Iowa great places program projects that meet the definition of the term “vertical infrastructure” in section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $  2,000,000
   Of the amounts appropriated in this subsection, up to $45,000 may be used per fiscal year for administration of the Iowa great places grant program, notwithstanding section 8.57, subsection 6, paragraph “c”.
   5.  DEPARTMENT OF ECONOMIC DEVELOPMENT
   For accelerated career education program capital projects at community colleges that are authorized under chapter 260G and that meet the definition of the term “vertical infrastructure” in section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  5,000,000
FY 2012-2013.................................................. $  5,500,000
   6.  DEPARTMENT OF EDUCATION
   a.  To the public broadcasting division for the purchase of a building in the city of Johnston:
FY 2011-2012.................................................. $  1,255,550
   b.  For major renovation and major repair needs, including health, life, and fire safety needs and for compliance with the federal Americans with Disabilities Act, for state buildings and facilities under the purview of the community colleges:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $  1,000,000
   7.  DEPARTMENT OF HUMAN SERVICES
   For the renovation and construction of certain nursing facilities, consistent with the provisions of chapter 249K:
FY 2011-2012.................................................. $    285,000
   8.  DEPARTMENT OF NATURAL RESOURCES
   a.  For floodplain management and dam safety, notwithstanding section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  2,000,000
   Of the amounts appropriated in this lettered paragraph, up to $400,000 is authorized for stream gages to be used for tracking and predicting flood events and for compiling necessary data relating to flood frequency analysis.
   b.  For implementation of lake projects that have established watershed improvement initiatives and community support in accordance with the department’s annual lake restoration plan and report, notwithstanding section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  8,600,000
   Of the amount appropriated in this lettered paragraph, $350,000 shall be allocated for a lake with public access that has the support of a benefited lake district located in a county with a population between seventeen thousand seven hundred and seventeen thousand eight hundred as determined by the 2010 federal decennial census. The allocated moneys shall be used for purposes of completing a preconstruction dam restoration study that would include a geotechnical evaluation, hydrological studies, restoration alternatives, and construction specifications.
   9.  DEPARTMENT OF PUBLIC DEFENSE
   a.  For major maintenance projects at national guard armories and facilities:
FY 2011-2012.................................................. $  2,000,000
FY 2012-2013.................................................. $  2,000,000
   b.  For renovation and facility improvements at the Muscatine readiness center:
FY 2011-2012.................................................. $    100,000
   c.  For construction improvement projects at statewide readiness centers:
FY 2011-2012.................................................. $  1,800,000
FY 2012-2013.................................................. $  1,800,000
   d.  For construction upgrades at Camp Dodge including sanitary system and sewer system improvements:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $  1,000,000
   e.  For renovation, repair, and related improvements at the joint forces headquarters building:
FY 2011-2012.................................................. $  1,000,000
   f.  For renovation and facility improvements at the Dubuque readiness center:
FY 2012-2013.................................................. $    500,000
   10.  BOARD OF REGENTS
   a.  For allocation by the state board of regents to the state university of Iowa, Iowa state university of science and technology, and the university of northern Iowa to reimburse the institutions for deficiencies in the operating funds resulting from the pledging of tuition, student fees and charges, and institutional income to finance the cost of providing academic and administrative buildings and facilities and utility services at the institutions:
FY 2011-2012.................................................. $ 24,305,412
   b.  For the Iowa flood center at the state university of Iowa for use by the university’s college of engineering, pursuant to section 466C.1, notwithstanding section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  1,300,000
   c.  For fire, safety and other major maintenance projects at the regents institutions:
FY 2011-2012.................................................. $  2,000,000
FY 2012-2013.................................................. $  4,000,000
   d.  For construction, renovation, and related improvements for phase II of the agricultural and biosystems engineering complex, including classrooms, laboratories, and offices at Iowa state university of science and technology:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $ 20,800,000
FY 2013-2014.................................................. $ 20,000,000
FY 2014-2015.................................................. $ 18,600,000
   e.  For the renovation and related improvements to the dental science building at the state university of Iowa including but not limited to renovation of clinical spaces and development of a multidisciplinary clinical area:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $ 12,000,000
FY 2013-2014.................................................. $  8,000,000
FY 2014-2015.................................................. $  8,000,000
   f.  For renovation and related improvements for Bartlett hall at the university of northern Iowa including providing faculty offices, seminar rooms, and laboratories in the building and the associated demolition of Baker hall:
FY 2011-2012.................................................. $  1,000,000
FY 2012-2013.................................................. $  8,286,000
FY 2013-2014.................................................. $  9,767,000
FY 2014-2015.................................................. $  1,947,000
   11.  DEPARTMENT OF TRANSPORTATION
   a.  For acquiring, constructing, and improving recreational trails within the state:
FY 2011-2012.................................................. $  2,000,000
FY 2012-2013.................................................. $  2,000,000
   b.  For deposit into the public transit infrastructure grant fund created in section 324A.6A, for projects that meet the definition of “vertical infrastructure” in section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  1,500,000
FY 2012-2013.................................................. $  1,500,000
   c.  For infrastructure improvements at the commercial service airports within the state:
FY 2011-2012.................................................. $  1,500,000
FY 2012-2013.................................................. $  1,500,000
   d.  For infrastructure improvements at general aviation airports within the state:
FY 2011-2012.................................................. $    750,000
FY 2012-2013.................................................. $    750,000
   12.  TREASURER OF STATE
   For distribution in accordance with chapter 174 to qualified fairs which belong to the association of Iowa fairs for county fair infrastructure improvements:
FY 2011-2012.................................................. $  1,060,000
FY 2012-2013.................................................. $  1,060,000
   13.  DEPARTMENT OF VETERANS AFFAIRS
   a.  For transfer to the Iowa finance authority for the continuation of the home ownership assistance program for persons who are or were eligible members of the armed forces of the United States, pursuant to section 16.54, notwithstanding section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  1,000,000
   b.  For the Iowa veterans home to upgrade generator emissions controls to meet required stack emissions for four generators and related improvements:
FY 2011-2012.................................................. $    250,000
   Sec. 419.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation is made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION XLVII

INFRASTRUCTURE AND CAPITALS

TECHNOLOGY REINVESTMENT FUND
   Sec. 420.  There is appropriated from the technology reinvestment fund created in section 8.57C to the following departments and agencies for the following fiscal years, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
   For technology improvement projects:
FY 2011-2012.................................................. $  1,643,728
FY 2012-2013.................................................. $  2,500,000
   2.  DEPARTMENT OF CORRECTIONS
   For costs associated with the Iowa corrections offender network data system:
FY 2011-2012.................................................. $    500,000
FY 2012-2013.................................................. $    500,000
   3.  DEPARTMENT OF EDUCATION
   a.  For maintenance and lease costs associated with connections for part III of the Iowa communications network:
FY 2011-2012.................................................. $  2,727,000
FY 2012-2013.................................................. $  2,727,000
   b.  For the implementation of an educational data warehouse that will be utilized by teachers, parents, school district administrators, area education agency staff, department of education staff, and policymakers:
FY 2011-2012.................................................. $    600,000
FY 2012-2013.................................................. $    600,000
   The department may use a portion of the moneys appropriated in this lettered paragraph for an e-transcript data system capable of tracking students throughout their education via interconnectivity with multiple schools.
   4.  DEPARTMENT OF HUMAN RIGHTS
   For the cost of equipment and computer software for the implementation of Iowa’s criminal justice information system:
FY 2011-2012.................................................. $  1,689,307
FY 2012-2013.................................................. $  1,756,747
   5.  DEPARTMENT OF HUMAN SERVICES
   To be used for medical contracts under the medical assistance program for technology upgrades necessary to support Medicaid claims and other health operations, worldwide HIPAA claims transactions and coding requirements, and the Iowa automated benefits calculation system:
FY 2011-2012.................................................. $  3,494,176
FY 2012-2013.................................................. $  4,667,600
FY 2013-2014.................................................. $  4,267,600
FY 2014-2015.................................................. $  1,945,684
   6.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION
   For replacement of equipment for the Iowa communications network:
FY 2011-2012.................................................. $  2,248,653
FY 2012-2013.................................................. $  2,248,653
   The commission may continue to enter into contracts pursuant to section 8D.13 for the replacement of equipment and for operation and maintenance costs of the network.
   In addition to funds appropriated in this subsection, the commission may use a financing agreement entered into by the treasurer of state in accordance with section 12.28 for the replacement of equipment for the network. For purposes of this subsection, the treasurer of state is not subject to the maximum principal limitation contained in section 12.28, subsection 6. Repayment of any amounts financed shall be made from receipts associated with fees charged for use of the network.
   7.  DEPARTMENT OF MANAGEMENT
   To develop a searchable database that can be placed on the internet for budget and financial information:
FY 2011-2012.................................................. $    600,000
   8.  DEPARTMENT OF PUBLIC SAFETY
   For the provision of radio communications equipment and related equipment upgrades to comply with federal narrowbanding transition requirements under the federal communication commission narrowbanding mandate:
FY 2011-2012.................................................. $  2,500,000
FY 2012-2013.................................................. $  2,500,000
FY 2013-2014.................................................. $  2,500,000
   The department of public safety shall work with the departments of corrections and natural resources to accomplish the radio communications upgrades to comply with the federal mandate.
   The department of public safety may develop a public-private partnership to ensure a statewide public safety radio network that complies with the federal narrowbanding mandate and to achieve the goal of interoperability as defined in section 80.28.
   On or before January 13, 2012, the department of public safety shall provide a report to the legislative services agency and the department of management detailing the status of the funds appropriated in this subsection and the efforts made to meet the federal mandate deadline. The report shall include estimated equipment needs of the departments of public safety, corrections, and natural resources to meet the federal narrowbanding mandate as well as any changes in estimated costs to meet those needs, the status of requests for proposals for bids for radio equipment, and any efforts to develop a public-private partnership.
   Sec. 421.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation is made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION XLVIII

INFRASTRUCTURE AND CAPITALS

REVENUE BONDS CAPITALS

FUND —— APPROPRIATIONS
   Sec. 422.  There is appropriated from the revenue bonds capitals fund created in section 12.88, to the following departments for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   a.  DEPARTMENT OF CORRECTIONS
   For the construction project and one-time equipment costs at the Iowa correctional facility for women at Mitchellville:
.................................................. $  4,430,952
   b.  DEPARTMENT OF ADMINISTRATIVE SERVICES
   For projects related to major repairs and major maintenance for state buildings and facilities:
.................................................. $    500,000
   For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this section shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION XLIX

INFRASTRUCTURE AND CAPITALS

REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS
   Sec. 423.  There is appropriated from the revenue bonds capitals II fund created in section 12.88A, to the department of administrative services for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For projects related to major repairs and major maintenance for state buildings and facilities:
FY 2011-2012.................................................. $  4,040,000
   For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this section shall not revert but shall remain available for expenditures for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION L

INFRASTRUCTURE AND CAPITALS

GENERAL FUND —— APPROPRIATION
   Sec. 424.  There is appropriated from the general fund of the state to the department of transportation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For deposit into the railroad revolving loan and grant fund created in section 327H.20A:
.................................................. $  2,000,000

DIVISION LI

PUBLIC BIDDING AND CONTRACTING
   Sec. 425.  NEW SECTION.  72.6  Public works —— contractor qualifications.
   1.  Definitions.  As used in this section, unless the context otherwise provides:
   a.  “Public owner” means a public body including the state or a political subdivision of the state, an officer, official, agency, authority, board, or commission of the state or of a political subdivision of the state, or an institution supported in whole or in part by public funds.
   b.  “Public road project” means a project under the control of a public owner for the construction, maintenance, or repair of a road or street that is funded, in whole or in part, by moneys from the road use tax fund.
   c.  “Public works” means a building or other construction project which is constructed under the control of a public owner and is paid for in whole or in part with funds of a public owner, including funds directed to the public owner from any federal government source, including grants. “Public works”does not include any work done by or on behalf of a drainage or levee district or any work financed by federal funds where federal procurement policy applicable to the use of the federal funds is inconsistent with the requirements of this section.
   d.  “Public works project” means the construction, maintenance, or repair of public works.“Public works project”does not mean a public road project.
   2.  Prohibited criteria.  In determining which bidder is the lowest responsible bidder for purposes of awarding a contract to perform a public works project or public road project, a public owner shall not do any of the following:
   a.  Select a bidder based in whole or in part on a consideration of whether the bidder’s employees belong to or are represented by a labor union or labor organization.
   b.  Require that the bidder selected enter into an agreement that directly or indirectly requires the bidder to recruit, train, or hire employees from a particular source to perform work on the public works project or public road project.
   c.  Require the bidder or the bidder’s subcontractors or their agents to enter into any agreement or arrangement relating to the public works project or public road project which imposes requirements, controls, or limitations on staffing; sources of employee referrals; assignment of work; sources of insurance and benefits including health, life, and disability insurance and retirement pensions; training; or wages. This paragraph does not apply to requirements imposed by federal law. 
   3.  Bidding documents.  Criteria described in this section that cannot be considered by a public owner in determining who is the lowest responsible bidder shall be included in any document requesting or inviting bids on public works projects or public road projects subject to this section.
   Sec. 426.  Section 73A.21, Code 2011, is amended to read as follows:
   73A.21  Reciprocal resident bidder and resident labor force preference by state, its agencies, and political subdivisions —— penalties.
   1.  For purposes of this section:
   a.  “Commissioner” means the labor commissioner appointed pursuant to section 91.2, or the labor commissioner’s designee.
   b.  “Division” means the division of labor of the department of workforce development.
   c.  “Nonresident bidder” means a person or entity who does not meet the definition of a resident bidder.

   d.  “Public body” means the state and any of its political subdivisions, including a school district, public utility, or the state board of regents.
   a.  e.  “Public improvement” means public improvements as defined in section 73A.1 a building or other construction work to be paid for in whole or in part by the use of funds of the state, its agencies, and any of its political subdivisions and includes road construction, reconstruction, and maintenance projects.
   f.  “Public utility” includes municipally owned utilities and municipally owned waterworks.
   b.  g.  “Resident bidder” means a person or entity authorized to transact business in this state and having a place of business for transacting business within the state at which it is conducting and has conducted business for at least six months three years prior to the date of the first advertisement for the public improvement and in the case of a corporation, having at least fifty percent of its common stock owned by residents of this state. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country.
   h.  “Resident labor force preference” means a requirement in which all or a portion of a labor force working on a public improvement is a resident of a particular state or country.
   2.  Notwithstanding this chapter, chapter 73, chapter 309, chapter 310, chapter 331, or chapter 384, when a contract for a public improvement is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country which if that state or foreign country gives or requires a any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference is allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.  In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident.
   3.  This section applies to the state, its agencies, and any political subdivisions of the state.
   4.  3.  If it is determined that this may cause denial of federal funds which would otherwise be available, or would otherwise be inconsistent with requirements of any federal law or regulation, this section shall be suspended, but only to the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements.
   4.  The public body involved in a public improvement shall require a nonresident bidder to specify on all project bid specifications and contract documents whether any preference as described in subsection 2 is in effect in the nonresident bidder’s state or country of domicile at the time of a bid submittal.
   5.  The commissioner and the division shall administer and enforce this section, and the commissioner shall adopt rules for the administration and enforcement of this section as provided in section 91.6.
   6.  The commissioner shall have the following powers and duties for the purposes of this section:
   a.  The commissioner may hold hearings and investigate charges of violations of this section.
   b.  The commissioner may, consistent with due process of law, enter any place of employment to inspect records concerning labor force residency, to question an employer or employee, and to investigate such facts, conditions, or matters as are deemed appropriate in determining whether any person has violated the provisions of this section. The commissioner shall only make such an entry in response to a written complaint.
   c.  The commissioner shall develop a written complaint form applicable to this section and make it available in division offices and on the department of workforce development’s internet site.
   d.  The commissioner may sue for injunctive relief against the awarding of a contract, the undertaking of a public improvement, or the continuation of a public improvement in response to a violation of this section.
   e.  The commissioner may investigate and ascertain the residency of a worker engaged in any public improvement in this state.
   f.  The commissioner may administer oaths, take or cause to be taken deposition of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all books, registers, payrolls, and other evidence relevant to a matter under investigation or hearing.
   g.  The commissioner may employ qualified personnel as are necessary for the enforcement of this section. Such personnel shall be employed pursuant to the merit system provisions of chapter 8A, subchapter IV.
   h.  The commissioner shall require a contractor or subcontractor to file, within ten days of receipt of a request, any records enumerated in subsection 7. If the contractor or subcontractor fails to provide the requested records within ten days, the commissioner may direct, within fifteen days after the end of the ten-day period, that the fiscal or financial office charged with the custody and disbursement of funds of the public body that contracted for construction of the public improvement or undertook the public improvement, to immediately withhold from payment to the contractor or subcontractor up to twenty-five percent of the amount to be paid to the contractor or subcontractor under the terms of the contract or written instrument under which the public improvement is being performed. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records as required by this section has been satisfied.
   7.  While participating in a public improvement, a nonresident bidder domiciled in a state or country that has established a resident labor force preference shall make and keep, for a period of not less than three years, accurate records of all workers employed by the contractor or subcontractor on the public improvement. The records shall include each worker’s name, address, telephone number when available, social security number, trade classification, and the starting and ending time of employment.
   8.  Any person or entity that violates the provisions of this section is subject to a civil penalty in an amount not to exceed one thousand dollars for each violation found in a first investigation by the division, not to exceed five thousand dollars for each violation found in a second investigation by the division, and not to exceed fifteen thousand dollars for a third or subsequent violation found in any subsequent investigation by the division. Each violation of this section for each worker and for each day the violation continues constitutes a separate and distinct violation. In determining the amount of the penalty, the division shall consider the appropriateness of the penalty to the person or entity charged, upon determination of the gravity of the violations. The collection of these penalties shall be enforced in a civil action brought by the attorney general on behalf of the division.
   9.  A party seeking review of the division’s determination pursuant to this section may file a written request for an informal conference. The request must be received by the division within fifteen days after the date of issuance of the division’s determination. During the conference, the party seeking review may present written or oral information and arguments as to why the division’s determination should be amended or vacated. The division shall consider the information and arguments presented and issue a written decision advising all parties of the outcome of the conference.
   Sec. 427.  Section 331.341, subsection 2, Code 2011, is amended to read as follows:
   2.  The board shall give preference to Iowa productsand labor in accordance with chapter 73 and shall comply with bid and contract requirements in chapter 26.
   Sec. 428.  REPEAL.  Sections 73.3 and 73.4, Code 2011, are repealed.
   Sec. 429.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 430.  APPLICABILITY.  This division of this Act applies to all public improvement, public works, and public road projects, and to public improvement, public works, and public road contracts entered into on or after July 1, 2011.

DIVISION LII

BUSINESS DEVELOPMENT ASSISTANCE —— APPROPRIATION
   Sec. 431.  BUSINESS DEVELOPMENT ASSISTANCE —— USE OF EXISTING FUNDS.
   1.
  a.  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For marketing and promotional activities; for information technology development; for laborshed studies conducted for the department by the department of workforce development; for administrative purposes, including salaries, support, maintenance, and miscellaneous purposes; and for providing financial assistance to businesses expanding or locating in the state, notwithstanding section 8.57, subsection 6, paragraph “c”:
.................................................. $ 15,000,000
   b.  Of the moneys appropriated pursuant to paragraph “a” for purposes of marketing and promotional activities, the department shall not use more than $2,300,000.
   c.  Of the moneys appropriated pursuant to paragraph “a” for purposes of information technology development, the department shall not use more than $350,000.
   d.  Of the moneys appropriated pursuant to paragraph “a” for purposes of laborshed studies conducted by the department of workforce development, the department shall not use more than $145,000.
   e.  Of the moneys appropriated pursuant to paragraph “a” for administrative purposes, the department shall not use more than 5 percent.
   f.
  (1)  The department may use the remainder of the moneys appropriated pursuant to paragraph “a” that are not expended for the purposes described in paragraphs “b” through “e” to provide financial assistance to businesses expanding or locating in the state.
   (2)  An award of financial assistance pursuant to this paragraph “f” shall be approved by the economic development board which shall review with due diligence the merits of each application for assistance.
   (3)  For each award of financial assistance made pursuant to this paragraph “f”, the department shall enter into an agreement with the recipient of the financial assistance, and each agreement shall meet the requirements for financial assistance agreements described in section 15G.112, subsections 1 through 3, Code 2011.
   (4)  In providing financial assistance pursuant to this paragraph “f”, the department shall allocate the available moneys to a diverse range of projects that create or retain jobs including projects that pay better than average wages, projects that represent early-stage business development, projects that build the physical infrastructure necessary for business growth and expansion, projects that enhance the growth of value-added agriculture in the state, and projects that involve recovery from significant natural disasters.
   (5)  The department shall adopt rules for the implementation of this paragraph “f”. Such rules may be adopted as emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”. Such rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
   (6)  For purposes of this paragraph “f”, “financial assistance” means assistance provided only from the funds, rights, and assets legally available to the department pursuant to this chapter and includes but is not limited to assistance in the form of grants, loans, forgivable loans, and royalty payments.
   2.  There is appropriated to the department of economic development for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes described in subsection 1:
   a.  Payments of interest, repayments of moneys loaned, and recaptures of grants and loans made pursuant to chapter 15G, Code 2011.
   b.  All moneys accruing to the department, including payments of interest, repayments of moneys loaned, royalty payments received, and recaptures of grants, loans, or other forms of financial assistance provided to recipients, from the department’s administration of the following preexisting programs:
   (1)  The community economic betterment program established pursuant to section 15.317, Code 2009.
   (2)  The entrepreneurial ventures assistance program established pursuant to section 15.339, Code 2009.
   (3)  The value-added agricultural products and processes financial assistance program established pursuant to section 15E.111, Code 2009.
   (4)  The physical infrastructure assistance program established pursuant to section 15E.175, Code 2009.
   (5)  The loan and credit guarantee program established pursuant to section 15E.224, Code 2009.
   c.  The moneys transferred to the grow Iowa values fund pursuant to 2009 Iowa Acts, chapter 123, section 9, subsections 1 and 2.
   3.  The moneys appropriated pursuant to this section are not subject to section 8.33. Notwithstanding section 12C.7, interest or earnings on the appropriated moneys shall be credited to the department and may be used in subsequent fiscal years for the purposes described in subsection 1.

DIVISION LIII

INFRASTRUCTURE AND CAPITALS

MISCELLANEOUS CODE CHANGES
   Sec. 432.  Section 8.57, subsection 6, paragraph c, Code 2011, is amended to read as follows:
   c.  Moneys in the fund in a fiscal year shall be used as directed by the general assembly for public vertical infrastructure projects. For the purposes of this subsection, “vertical infrastructure” includes only land acquisition and construction,; major renovation and major repair of buildings,; all appurtenant structures,; utilities,; site development, and; recreational trails; and debt service payments on academic revenue bonds issued in accordance with chapter 262A for capital projects at board of regents institutions.“Vertical infrastructure” does not include routine, recurring maintenance or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement.
   Sec. 433.  Section 8.57, subsection 6, paragraph f, Code 2011, is amended to read as follows:
   f.  There is appropriated from the rebuild Iowa infrastructure fund to the secure an advanced vision for education fund created in section 423F.2, for each fiscal year of the fiscal period beginning July 1, 2008, and ending June 30, 2010,and for each fiscal year of the fiscal period beginning July 1, 2011, and ending June 30, 2014, the amount of the moneys in excess of the first forty-seven million dollars credited to the rebuild Iowa infrastructure fund during the fiscal year, not to exceed ten million dollars.
   Sec. 434.  Section 8.57A, subsection 4, Code 2011, is amended to read as follows:
   4.
  a.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal years year beginning July1, 2008, July 1, 2009, and July 1, 2011 2012, and for each fiscal year thereafter, the sum of forty-two thirty-five million dollars to the environment first fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   b.  There is appropriated from the rebuild Iowa infrastructure fund each fiscal year for the fiscal year period beginning July 1, 2010, and ending June 30, 2011 2012, the sum of thirty-three million dollars to the environment first fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   Sec. 435.  Section 8.57C, subsection 3, paragraphs a and c, Code 2011, are amended to read as follows:
   a.  There is appropriated from the general fund of the state for the fiscal years year beginningJuly 1, 2006, July 1, 2007, July 1, 2011 2012, and for each subsequent fiscal year thereafter, the sum of seventeen million five hundred thousand dollars to the technology reinvestment fund.
   c.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the sum of ten million dollars to the technology reinvestment fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   Sec. 436.  Section 8.57C, subsection 3, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the sum of sixteen million dollars to the technology reinvestment fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   Sec. 437.  Section 8A.321, subsection 6, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The department shall issue a request for proposals for leasing privately owned office space for state employees in the downtown area of the city of Des Moines prior to replacing or renovating publicly owned buildings or relocating any state agencies to any space in publicly owned buildings. The department shall locate state employees in office space in the most cost-efficient manner possible. In determining cost efficiency, the department shall consider all costs of the publicly owned space, the costs of the original acquisition of the publicly owned space, the costs of tenant improvements to the publicly owned space, and the anticipated economic and useful life of the publicly owned building space.
   Sec. 438.  Section 12.82, subsection 1, Code 2011, is amended to read as follows:
   1.  A school infrastructure fund is created and established as a separate and distinct fund in the state treasury under the control of the department of education. The Notwithstanding any other provision of this chapter, the fund shall be used for purposes of the school infrastructure program established in section 292.2.
   Sec. 439.  Section 12.82, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Any amounts remaining in the school infrastructure fund at the end of the fiscal year beginning July 1, 2010, and for each fiscal year thereafter, which are determined by the treasurer of state to be unencumbered and unobligated and otherwise unnecessary to make the payments for such fiscal year, shall be transferred to the rebuild Iowa infrastructure fund.
   Sec. 440.  Section 15F.204, subsection 8, paragraph a, subparagraph (6), Code 2011, is amended to read as follows:
   (6)  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the sum of five million one hundred thousand dollars.
   Sec. 441.  Section 15F.204, subsection 8, paragraph b, Code 2011, is amended by striking the paragraph.
   Sec. 442.  Section 16.181A, subsection 1, Code 2011, is amended to read as follows:
   1.  There is appropriated from the rebuild Iowa infrastructure fund to the Iowa finance authority for deposit in the housing trust fund created in section 16.181, for the fiscal year beginning July 1, 2009, and beginning July 1, 2011 2012, and for each succeeding fiscal year, the sum of three million dollars.
   Sec. 443.  Section 16.181A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  There is appropriated from the rebuild Iowa infrastructure fund to the Iowa finance authority for deposit in the housing trust fund created in section 16.181, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the sum of two million dollars.
   Sec. 444.  Section 16.193, subsection 2, Code 2011, is amended to read as follows:
   2.  During the term of the Iowa jobs program established in section 16.194 and the Iowa jobs II program established in section 16.194A For the period beginning July 1, 2009, and ending June 30, 2011, two hundred thousand dollars of the moneys deposited in the rebuild Iowa infrastructure fund shall be allocated each fiscal year to the Iowa finance authority for purposes of administering the Iowa jobs program, notwithstanding section 8.57, subsection 6, paragraph “c”.
   Sec. 445.  EFFECTIVE AND APPLICABILITY DATES.  The sections of this division amending section 12.82, being deemed of immediate importance, take effect upon enactment and, if approved by the governor on or after July 1, 2011, shall apply retroactively to June 30, 2011.

DIVISION LIV

INFRASTRUCTURE AND CAPITALS

CHANGES TO PRIOR APPROPRIATIONS
   Sec. 446.  2006 Iowa Acts, chapter 1179, section 18, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Except for the allocation to Des Moines area community college and notwithstanding section 8.33, moneys appropriated from the endowment for Iowa’s health restricted capitals fund for the fiscal year beginning July 1, 2006, and ending June 30, 2007, in this division of this Act to the department of public safety for allocation to the division of fire protection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2011, or until the project for which the appropriation was made is completed, whichever is earlier. This subsection shall apply in lieu of subsection 1 of this section.
   Sec. 447.  2007 Iowa Acts, chapter 219, section 2, is amended to read as follows:
   SEC. 2.  REVERSION.
   1.  Notwithstanding Except as provided in subsection 2 and notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2007, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2010, or until the project for which the appropriation was made is completed, whichever is earlier.
   2.
  a.  Notwithstanding section 8.33, moneys appropriated in section 1, subsection 1, paragraphs “a” and “f” of this division of this Act that remain unencumbered or unobligated at the close of the fiscal year for which they were appropriated shall not revert but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2011, or until the project for which the appropriation was made is completed, whichever is earlier.
   b.  The department of administrative services is authorized to provide for the disposition and relocation of structures located at 707 east locust and 709 east locust, Des Moines, Iowa, in a manner as deemed appropriate by the department. The disposition of the structures, if possible, shall be completed in a manner that reduces or eliminates the costs of the state associated with the removal of the structures from their current locations. Any amount received from the disposition of the structures as permitted under this section shall be retained by the department to pay for improvement costs associated with the restoration of the west capitol terrace. The department, if unable to otherwise dispose of the structures, is authorized to demolish the structures using other appropriate funding available to the department.
   Sec. 448.  2008 Iowa Acts, chapter 1179, section 1, subsection 13, paragraph c, as amended by 2009 Iowa Acts, chapter 184, section 22, is amended to read as follows:
   c.  For the construction of a depot and platform to accommodate the future Amtrak service from Dubuque to Chicago, notwithstanding section 8.57, subsection 6, paragraph “c”:
.................................................. $    300,000

_________________________________________________________60,000
   Sec. 449.  2008 Iowa Acts, chapter 1179, section 7, as amended by 2009 Iowa Acts, chapter 173, section 21, and 2010 Iowa Acts, chapter 1184, section 58, is amended to read as follows:
   SEC. 7.  DEPARTMENT OF ECONOMIC DEVELOPMENT.  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for the designated fiscal years the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 
   For deposit into the river enhancement community attraction and tourism fund created in 2008 Iowa Acts, Senate File 2430, if enacted: 
FY 2009-2010 .................................................. $          0
FY 2010-2011.................................................. $          0
FY 2011-2012 .................................................. $ 10,000,000

______________________________________________________________0
FY 2012-2013 .................................................. $ 10,000,000

______________________________________________________________0
   Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2014, or until the project for which the appropriation was made is completed, whichever is earlier. 
   Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year beginning July 1, 2012, and ending June 30, 2013, shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2015, or until the project for which the appropriation was made is completed, whichever is earlier. 
   Sec. 450.  2008 Iowa Acts, chapter 1179, section 18, as amended by 2009 Iowa Acts, chapter 173, section 24, subsection 4, paragraph b, unnumbered paragraph 1, is amended to read as follows:
   For deposit into the river enhancement community attraction and tourism fund created in section 15F.205:
.................................................. $ 10,000,000

______________________________________________________ 9,200,000
   Sec. 451.  2009 Iowa Acts, chapter 184, section 1, subsection 12, paragraph a, as amended by 2010 Iowa Acts, chapter 1184, section 71, is amended to read as follows:
   a.  For deposit in the passenger rail service revolving fund created in section 327J.2, notwithstanding section 8.57, subsection 6, paragraph “c”: 
.................................................. $  3,000,000

________________________________________________________500,000
   Sec. 452.  2010 Iowa Acts, chapter 1184, section 2, subsection 3, is amended to read as follows:
   3.  DEPARTMENT OF TRANSPORTATION
   For deposit into the passenger rail service revolving fund created in section 327J.2 for matching federal funding available through the federal Passenger Rail Investment and Improvement Act of 2008 for passenger rail service, notwithstanding section 8.57, subsection 6, paragraph “c”:
FY 2011-2012.................................................. $  6,500,000

______________________________________________________________0
   It is the intent of the general assembly to fund up to $20 million over a four-year period to fully fund the state commitment for matching federal funding available through the federal Passenger Rail Investment and Improvement Act of 2008.
   Sec. 453.  2010 Iowa Acts, chapter 1184, section 10, subsection 2, paragraph b, is amended to read as follows:
   b.  For deposit into the river enhancement community attraction and tourism fund created in section 15F.205:
.................................................. $ 4,000,000

______________________________________________________________0
   Sec. 454.  2010 Iowa Acts, chapter 1184, section 10, subsection 2, paragraph b, unnumbered paragraph 2, is amended to read as follows:
   Moneys appropriated for grants awarded in paragraphs paragraph “a” and “b” shall be used to assist communities in the development and creation of multiple purpose attractions or community service facilities for public use.
   Sec. 455.  2010 Iowa Acts, chapter 1184, section 10, subsection 8, is amended to read as follows:
   8.  TREASURER OF STATE
   For transfer to the watershed improvement review board created in section 466A.3 for grants associated with the construction and restoration of wetland easements and flood prevention watershed improvement projects:
.................................................. $  2,000,000
   Notwithstanding section 466A.5, moneys from the appropriation in this subsection shall not be used for administrative purposes.
   Sec. 456.  2010 Iowa Acts, chapter 1184, section 14, is amended to read as follows:
   SEC. 14.
  There is appropriated from theFY 2009 prison bonding fund created pursuant to section 12.79rebuild Iowa infrastructure fund to the department of corrections for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purpose designated, notwithstanding section 8.57, subsection 6, paragraph “c”:
   For costs associated with the building of a new Iowa State penitentiary at Fort Madison project management costs at Fort Madison and Mitchellville prisons, associated with construction projects at the department:
.................................................. $    322,500
   The appropriation made in this section constitutes approval by the general assembly for the issuance of bonds by the treasurer of state pursuant to section 12.80.
   Sec. 457.  2010 Iowa Acts, chapter 1184, section 16, is amended to read as follows:
   SEC. 16.  There is appropriated from the Iowa comprehensive petroleum underground storage tank fund to the department of transportation for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   Notwithstanding section 455G.3, subsection 1, for deposit in the passenger rail service revolving fund created in section 327J.2:
.................................................. $  2,000,000

________________________________________________________500,000
   Such funds shall be coupled with the remaining unobligated balance of up to one million five hundred thousand dollars from the appropriation made in 2009 Iowa Acts, chapter 184, section 1, subsection 12, paragraph “a”, for a total commitment of three million five hundred thousand dollars for the fiscal year beginning July 1, 2010, and ending June 30, 2011, for matching federal funding available through the Passenger Rail Investment and Improvement Act of 2008.
   Sec. 458.  2010 Iowa Acts, chapter 1184, section 37, is amended to read as follows:
   SEC. 37.
  SITE DEVELOPMENT CONSULTATIONS APPROPRIATION.  There is appropriated from the school infrastructure fund created in section 12.82 to the department of economic development for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For providing site development consultations pursuant to section 15E.18, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions, notwithstanding section 12.82, subsection 1:
.................................................. $    175,000
............................................... FTEs       1.00
   Of the moneys appropriated to the department pursuant to this section, the department may allocate up to $75,000 for purposes of contracting with third parties to provide site development consultations.
   Sec. 459.  2010 Iowa Acts, chapter 1184, section 39, is amended to read as follows:
   SEC. 39.
  BUSINESS ASSISTANCE INTERNET SITE APPROPRIATION.  

There is appropriated from the school infrastructure fund created in section 12.82 to the department of economic development for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of creating a business assistance internet site, notwithstanding section 12.82, subsection 1:
.................................................. $     20,000
   Sec. 460.  2010 Iowa Acts, chapter 1184, section 43, is amended to read as follows:
   SEC. 43.
  SAVE OUR SMALL BUSINESSES FUND APPROPRIATION.  There is appropriated from the school infrastructure fund created in section 12.82 to the department of economic development for deposit in the save our small businesses fund for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated, notwithstanding section 12.82, subsection 1:
   For purposes of providing financial assistance under the save our small businesses program under section 15.301:
.................................................. $  5,000,000
   Of the moneys appropriated pursuant to this section, the department may allocate an amount not to exceed two percent of the moneys appropriated for purposes of retaining the services of an organization designated pursuant to section 15.301, subsection 2, paragraph “b”.
   Sec. 461.  2010 Iowa Acts, chapter 1193, section 6, is amended to read as follows:
   SEC. 6.
  INSTRUCTIONAL SUPPORT STATE AID —— APPROPRIATION.  In lieu of the appropriation provided in section 257.20, there is appropriated from the school infrastructure fund created in section 12.82, subsection 1, to the department of education for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For paying instructional support state aid for fiscal year 2010-2011, notwithstanding section 12.82, subsection 1:
.................................................. $  7,500,000
   Notwithstanding section 257.20, subsection 3, the appropriation made in this lettered paragraph shall be allocated in the same manner as the allocation of the appropriation was made for the same purpose in the previous fiscal year.
   Sec. 462.  2011 Iowa Acts, House File 45, section 2, subsection 2, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  This subsection shall not apply to any appropriations for the fiscal year beginning July 1, 2010, receiving a supplemental appropriation under 2011 Iowa Acts, Senate File 209, or any multiyear appropriation that includes the fiscal year beginning July 1, 2009, for equipment as determined by the department of management.
   Sec. 463.  EFFECTIVE AND APPLICABILITY DATES.  This division of this Act, being deemed of immediate importance, takes effect upon enactment and, unless otherwise provided, if approved by the governor on or after July 1, 2011, shall apply retroactively to June 30, 2011.
   Sec. 464.  RETROACTIVE APPLICABILITY.  The provision of this division of this Act amending 2011 Iowa Acts, House File 45, section 2, subsection 2, applies retroactively to March 7, 2011.

DIVISION LV

BLOCK GRANTS

FY 2011-2012
   Sec. 465.  SUBSTANCE ABUSE APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $ 13,571,229
   a.  Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part B, subpart ii, which provides for the prevention and treatment of substance abuse block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  Of the funds appropriated in this subsection, an amount not exceeding 5 percent shall be used by the department for administrative expenses.
   c.  The department shall expend no less than an amount equal to the amount expended for treatment services in the state fiscal year beginning July 1, 2010, for pregnant women and women with dependent children.
   d.  Of the funds appropriated in this subsection, an amount not exceeding $24,585 shall be used for audits.
   2.  At least 20 percent of the funds remaining from the appropriation made in subsection 1 shall be allocated for prevention programs.
   3.  In implementing the federal prevention and treatment of substance abuse block grant under 42 U.S.C., ch. 6A, subch. XVII, and any other applicable provisions of the federal Public Health Service Act under 42 U.S.C., ch. 6A, the department shall apply the provisions of Pub. L. No. 106-310, § 3305, as codified in 42 U.S.C. § 300x-65, relating to services under such federal law being provided by religious and other nongovernmental organizations.
   Sec. 466.  COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION.
   1.
  a.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  3,370,840
   b.  Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part B, subpart i, which provides for the community mental health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   c.  The department shall allocate not less than 95 percent of the amount of the block grant to eligible community mental health services providers for carrying out the plan submitted to and approved by the federal substance abuse and mental health services administration for the fiscal year involved.
   d.  Of the amount allocated to eligible services providers under paragraph “c”, 70 percent shall be distributed to the state’s accredited community mental health centers established or designated by counties in accordance with law or administrative rule. If a county has not established or designated a community mental health center and has received a waiver from the mental health and disability services commission, the mental health services provider designated by that county is eligible to receive funding distributed pursuant to this paragraph in lieu of a community mental health center. The funding distributed shall be used by recipients of the funding for the purpose of developing and providing evidence-based practices and emergency services to adults with a serious mental illness and children with a serious emotional disturbance. The distribution amounts shall be announced at the beginning of the federal fiscal year and distributed on a quarterly basis according to the formulas used in previous fiscal years. Recipients shall submit quarterly reports containing data consistent with the performance measures approved by the federal substance abuse and mental health services administration.
   2.  An amount not exceeding 5 percent of the funds appropriated in subsection 1 shall be used by the department of human services for administrative expenses. From the funds set aside by this subsection for administrative expenses, the department shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the department for the costs of the audits.
   Sec. 467.  MATERNAL AND CHILD HEALTH SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  6,529,540
   a.  The funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 7, subch. V, which provides for the maternal and child health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  Funds appropriated in this subsection shall not be used by the university of Iowa hospitals and clinics for indirect costs.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the department of public health for administrative expenses.
   3.  The departments of public health, human services, and education and the university of Iowa’s mobile and regional child health specialty clinics shall continue to pursue to the maximum extent feasible the coordination and integration of services to women and children.
   4.
  a.  Sixty-three percent of the remaining funds appropriated in subsection 1 shall be allocated to supplement appropriations for maternal and child health programs within the department of public health. Of these funds, $300,291 shall be set aside for the statewide perinatal care program.
   b.  Thirty-seven percent of the remaining funds appropriated in subsection 1 shall be allocated to the university of Iowa hospitals and clinics under the control of the state board of regents for mobile and regional child health specialty clinics. The university of Iowa hospitals and clinics shall not receive an allocation for indirect costs from the funds for this program. Priority shall be given to establishment and maintenance of a statewide system of mobile and regional child health specialty clinics.
   5.  The department of public health shall administer the statewide maternal and child health program and the disabled children’s program by conducting mobile and regional child health specialty clinics and conducting other activities to improve the health of low-income women and children and to promote the welfare of children with actual or potential handicapping conditions and chronic illnesses in accordance with the requirements of Tit. V of the federal Social Security Act.
   Sec. 468.  PREVENTIVE HEALTH AND HEALTH SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  1,102,464
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part A, which provides for the preventive health and health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Of the funds appropriated in subsection 1, an amount not exceeding 10 percent shall be used by the department for administrative expenses.
   3.  Of the funds appropriated in subsection 1, the specific amount of funds stipulated by the notice of the block grant award shall be allocated for services to victims of sex offenses and for rape prevention education.
   4.  After deducting the funds allocated in subsections 2 and 3, the remaining funds appropriated in subsection 1 may be used by the department for healthy people 2011/healthy Iowans 2011 program objectives, preventive health advisory committee, and risk reduction services, including nutrition programs, health incentive programs, chronic disease services, emergency medical services, monitoring of the fluoridation program and start-up fluoridation grants, and acquired immune deficiency syndrome services. The moneys specified in this subsection shall not be used by the university of Iowa hospitals and clinics or by the state hygienic laboratory for the funding of indirect costs.
   Sec. 469.  STOP VIOLENCE AGAINST WOMEN GRANT PROGRAM APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the department of justice for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  1,588,692
   Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, § 3796gg-1, which provides for grants to combat violent crimes against women. The department of justice shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the department of justice for administrative expenses. From the funds set aside by this subsection for administrative expenses, the department shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   Sec. 470.  RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS FORMULA GRANT PROGRAM.  There is appropriated from the fund created by section 8.41 to the governor’s office of drug control policy for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $    246,826
   Funds appropriated in this section are the funds anticipated to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, subch. XII-G, which provides grants for substance abuse treatment programs in state and local correctional facilities. The drug policy coordinator shall expend the funds appropriated in this section as provided in federal law making the funds available and in conformance with chapter 17A.
   Sec. 471.  EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the governor’s office of drug control policy for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  2,974,695
   Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, subch. V, which provides for the Edward Byrne memorial justice assistance grant program. The drug policy coordinator shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the drug policy coordinator for administrative expenses. From the funds set aside by this subsection for administrative expenses, the drug policy coordinator shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   Sec. 472.  COMMUNITY SERVICES APPROPRIATIONS.
   1.
  a.  There is appropriated from the fund created by section 8.41 to the division of community action agencies of the department of human rights for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $  7,540,877
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 106, which provides for the community services block grant. The division of community action agencies of the department of human rights shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  The administrator of the division of community action agencies of the department of human rights shall allocate not less than 96 percent of the amount of the block grant to eligible community action agencies for programs benefiting low-income persons. Each eligible agency shall receive a minimum allocation of not less than $100,000. The minimum allocation shall be achieved by redistributing increased funds from agencies experiencing a greater share of available funds. The funds shall be distributed on the basis of the poverty-level population in the area represented by the community action areas compared to the size of the poverty-level population in the state.
   2.  An amount not exceeding 4 percent of the funds appropriated in subsection 1 shall be used by the division of community action agencies of the department of human rights for administrative expenses. From the funds set aside by this subsection for administrative expenses, the division of community action agencies of the department of human rights shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the division of community action agencies for the costs of the audits.
   Sec. 473.  COMMUNITY DEVELOPMENT APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of economic development for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $ 28,514,788
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 69, which provides for community development block grants. The department of economic development shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding $1,240,000 for the federal fiscal year beginning October 1, 2011, shall be used by the department of economic development for administrative expenses for the community development block grant. The total amount used for administrative expenses includes $670,000 for the federal fiscal year beginning October 1, 2011, of funds appropriated in subsection 1 and a matching contribution from the state equal to $570,000 from the appropriation of state funds for the community development block grant and state appropriations for related activities of the department of economic development. From the funds set aside for administrative expenses by this subsection, the department of economic development shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the department for the costs of the audit.
   Sec. 474.  LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the division of community action agencies of the department of human rights for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $ 70,527,851
   The funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 94, subch. II, which provides for the low-income home energy assistance block grants. The division of community action agencies of the department of human rights shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Up to 15 percent of the amount appropriated in this section that is actually received shall be used for residential weatherization or other related home repairs for low-income households. Of this allocation amount, not more than 10 percent may be used for administrative expenses.
   3.  After subtracting the allocation in subsection 2, up to 10 percent of the remaining moneys are allocated for administrative expenses of the low-income home energy assistance program of which $377,000 is allocated for administrative expenses of the division. The costs of auditing the use and administration of the portion of the appropriation in this section that is retained by the state shall be paid from the amount allocated in this subsection to the division. The auditor of state shall bill the division for the audit costs.
   4.  The remaining moneys of the appropriation in this section following the allocations made in subsections 2 and 3, shall be used to help eligible households as defined in 42 U.S.C., ch. 94, subch. II, to meet home energy costs.
   5.  Not more than 10 percent of the amount appropriated in this section that is actually received may be carried forward for use in the succeeding federal fiscal year.
   6.  Expenditures for assessment and resolution of energy problems shall be limited to not more than 5 percent of the amount appropriated in this section that is actually received.
   Sec. 475.  SOCIAL SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $ 16,562,583
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 7, subch. XX, which provides for the social services block grant. The department of human services shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Not more than $1,065,917 of the funds appropriated in subsection 1 shall be used by the department of human services for general administration. From the funds set aside in this subsection for general administration, the department of human services shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   3.  In addition to the allocation for general administration in subsection 2, the remaining funds appropriated in subsection 1 shall be allocated in the following amounts to supplement appropriations for the federal fiscal year beginning October 1, 2011, for the following programs within the department of human services:
   a.  Field operations:
.................................................. $  6,375,369

   b.  Child and family services:
.................................................. $    824,195
   c.  Local administrative costs and other local services:
.................................................. $    676,125
   d.  Volunteers:
.................................................. $     74,023
   e.  MH/MR/DD/BI community services (local purchase):
.................................................. $  7,546,954
   Sec. 476.  SOCIAL SERVICES BLOCK GRANT PLAN.  The department of human services during each state fiscal year shall develop a plan for the use of federal social services block grant funds for the subsequent state fiscal year.
   The proposed plan shall include all programs and services at the state level which the department proposes to fund with federal social services block grant funds, and shall identify state and other funds which the department proposes to use to fund the state programs and services.
   The proposed plan shall also include all local programs and services which are eligible to be funded with federal social services block grant funds, the total amount of federal social services block grant funds available for the local programs and services, and the manner of distribution of the federal social services block grant funds to the counties. The proposed plan shall identify state and local funds which will be used to fund the local programs and services.
   The proposed plan shall be submitted with the department’s budget requests to the governor and the general assembly.
   Sec. 477.  PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.
   1.  Upon receipt of the minimum formula grant from the federal substance abuse and mental health services administration to provide mental health services for the homeless, for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the department of human services shall assure that a project which receives funds under the formula grant shall do all of the following:
   a.  Provide outreach and engagement to homeless individuals and individuals at risk of homelessness and assesses those individuals for serious mental illness.
   b.  Enroll those individuals with serious mental illness who are willing to accept services through the project.
   c.  Provide case management to homeless persons.
   d.  Provide appropriate training to persons who provide services to persons targeted by the grant.
   e.  Assure a local match share of 25 percent.
   f.  Refer homeless individuals and individuals at risk of homelessness to primary health care, job training, educational services, and relevant housing services.
   2.  A project may expend funds for community mental health services, diagnostic services, crisis intervention services, habilitation and rehabilitation services, substance abuse services, supportive and supervisory services to homeless persons living in residential settings that are not otherwise supported, and housing services including minor renovation, expansion, and repair of housing, security deposits, planning of housing, technical assistance in applying for housing, improving the coordination of housing services, the costs associated with matching eligible homeless individuals with appropriate housing, and one-time rental payments to prevent eviction.
   Sec. 478.  CHILD CARE AND DEVELOPMENT APPROPRIATION.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2011, and ending September 30, 2012, the following amount:
.................................................. $ 43,792,517
   Funds appropriated in this section are the funds anticipated to be received from the federal government under 42 U.S.C., ch. 105, subch. II-B, which provides for the child care and development block grant. The department shall expend the funds appropriated in this section as provided in the federal law making the funds available and in conformance with chapter 17A.
   Moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall revert to be available for appropriation for purposes of the child care and development block grant in the succeeding fiscal year.
   Sec. 479.  PROCEDURE FOR REDUCED FEDERAL FUNDS.
   1.  If the funds received from the federal government for the block grants specified in this Act are less than the amounts appropriated, the funds actually received shall be prorated by the governor for the various programs, other than for the services to victims of sex offenses and for rape prevention education under section 4, subsection 3, of this Act, for which each block grant is available according to the percentages that each program is to receive as specified in this Act. However, if the governor determines that the funds allocated by the percentages will not be sufficient to accomplish the purposes of a particular program, or if the appropriation is not allocated by percentage, the governor may allocate the funds in a manner which will accomplish to the greatest extent possible the purposes of the various programs for which the block grants are available.
   2.  Before the governor implements the actions provided for in subsection 1, the following procedures shall be taken:
   a.  The chairpersons and ranking members of the senate and house standing committees on appropriations, the appropriate chairpersons and ranking members of subcommittees of those committees, and the director of the legislative services agency shall be notified of the proposed action.
   b.  The notice shall include the proposed allocations, and information on the reasons why particular percentages or amounts of funds are allocated to the individual programs, the departments and programs affected, and other information deemed useful. Chairpersons and ranking members notified shall be allowed at least two weeks to review and comment on the proposed action before the action is taken.
   Sec. 480.  PROCEDURE FOR INCREASED FEDERAL FUNDS.
   1.  If funds received from the federal government in the form of block grants exceed the amounts appropriated in sections 1, 2, 3, 4, 7, 9, and 11 of this Act, the excess shall be prorated to the appropriate programs according to the percentages specified in those sections, except additional funds shall not be prorated for administrative expenses.
   2.  If actual funds received from the federal government from block grants exceed the amount appropriated in section 10 of this Act for the low-income home energy assistance program, not more than 10 percent of the excess may be allocated to the low-income residential weatherization program and not more than 15 percent of the excess may be used for administrative costs.
   3.  If funds received from the federal government from community services block grants exceed the amount appropriated in section 8 of this Act, 100 percent of the excess is allocated to the community services block grant program.
   Sec. 481.  PROCEDURE FOR EXPENDITURE OF ADDITIONAL FEDERAL FUNDS.  If other federal grants, receipts, and funds and other nonstate grants, receipts, and funds become available or are awarded which are not available or awarded during the period in which the general assembly is in session, but which require expenditure by the applicable department or agency prior to March 15 of the fiscal year beginning July 1, 2011, and ending June 30, 2012, these grants, receipts, and funds are appropriated to the extent necessary, provided that the fiscal committee of the legislative council is notified within 30 days of receipt of the grants, receipts, or funds and the fiscal committee of the legislative council has an opportunity to comment on the expenditure of the grants, receipts, or funds.
   Sec. 482.  OTHER GRANTS, RECEIPTS, AND FUNDS.  Federal grants, receipts, and funds and other nonstate grants, receipts, and funds, available in whole or in part of the fiscal year beginning July 1, 2011, and ending June 30, 2012, are appropriated to the following departments and agencies that are designated by and for the purposes set forth in the grants, receipts, or conditions accompanying the receipt of the funds, unless otherwise provided by law:
   1.  Department of administrative services.
   2.  Department on aging.
   3.  Department of agriculture and land stewardship.
   4.  Office of auditor of state.
   5.  Department for the blind.
   6.  Iowa state civil rights commission.
   7.  College student aid commission.
   8.  Department of commerce.
   9.  Department of corrections.
   10.  Department of cultural affairs.
   11.  Department of economic development.
   12.  Department of education.
   13.  Office of energy independence.
   14.  Iowa ethics and campaign disclosure board.
   15.  Iowa finance authority.
   16.  Offices of the governor and lieutenant governor.
   17.  Governor’s office of drug control policy.
   18.  Department of human rights.
   19.  Department of human services.
   20.  Department of inspections and appeals.
   21.  Judicial branch.
   22.  Department of justice.
   23.  Iowa law enforcement academy.
   24.  Department of management.
   25.  Department of natural resources.
   26.  Board of parole.
   27.  Department of public defense.
   28.  Public employment relations board.
   29.  Department of public health.
   30.  Department of public safety.
   31.  State board of regents.

   32.  Department of revenue.
   33.  Office of secretary of state.
   34.  Iowa state fair authority.
   35.  Office for state-federal relations.
   36.  Iowa telecommunications and technology commission.
   37.  Office of treasurer of state.
   38.  Department of transportation.
   39.  Department of veterans affairs.
   40.  Department of workforce development.

DIVISION LVI

BLOCK GRANTS

FY 2012-2013
   Sec. 483.  SUBSTANCE ABUSE APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $ 11,535,545
   a.  Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part B, subpart ii, which provides for the prevention and treatment of substance abuse block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  Of the funds appropriated in this subsection, an amount not exceeding 5 percent shall be used by the department for administrative expenses.
   c.  The department shall expend no less than an amount equal to the amount expended for treatment services in the state fiscal year beginning July 1, 2011, for pregnant women and women with dependent children.
   d.  Of the funds appropriated in this subsection, an amount not exceeding $20,897 shall be used for audits.

   2.  At least 20 percent of the funds remaining from the appropriation made in subsection 1 shall be allocated for prevention programs.
   3.  In implementing the federal prevention and treatment of substance abuse block grant under 42 U.S.C., ch. 6A, subch. XVII, and any other applicable provisions of the federal Public Health Service Act under 42 U.S.C., ch. 6A, the department shall apply the provisions of Pub. L. No. 106-310, § 3305, as codified in 42 U.S.C. § 300x-65, relating to services under such federal law being provided by religious and other nongovernmental organizations.
   Sec. 484.  COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION.
   1.
  a.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $  2,865,214
   b.  Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part B, subpart i, which provides for the community mental health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   c.  The department shall allocate not less than 95 percent of the amount of the block grant to eligible community mental health services providers for carrying out the plan submitted to and approved by the federal substance abuse and mental health services administration for the fiscal year involved.
   d.  Of the amount allocated to eligible services providers under paragraph “c”, 70 percent shall be distributed to the state’s accredited community mental health centers established or designated by counties in accordance with law or administrative rule. If a county has not established or designated a community mental health center and has received a waiver from the mental health and disability services commission, the mental health services provider designated by that county is eligible to receive funding distributed pursuant to this paragraph in lieu of a community mental health center. The funding distributed shall be used by recipients of the funding for the purpose of developing and providing evidence-based practices and emergency services to adults with a serious mental illness and children with a serious emotional disturbance. The distribution amounts shall be announced at the beginning of the federal fiscal year and distributed on a quarterly basis according to the formulas used in previous fiscal years. Recipients shall submit quarterly reports containing data consistent with the performance measures approved by the federal substance abuse and mental health services administration.
   2.  An amount not exceeding 5 percent of the funds appropriated in subsection 1 shall be used by the department of human services for administrative expenses. From the funds set aside by this subsection for administrative expenses, the department shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the department for the costs of the audits.
   Sec. 485.  MATERNAL AND CHILD HEALTH SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $  5,550,109
   a.  The funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 7, subch. V, which provides for the maternal and child health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  Funds appropriated in this subsection shall not be used by the university of Iowa hospitals and clinics for indirect costs.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the department of public health for administrative expenses.
   3.  The departments of public health, human services, and education and the university of Iowa’s mobile and regional child health specialty clinics shall continue to pursue to the maximum extent feasible the coordination and integration of services to women and children.
   4.
  a.  Sixty-three percent of the remaining funds appropriated in subsection 1 shall be allocated to supplement appropriations for maternal and child health programs within the department of public health. Of these funds, $255,247 shall be set aside for the statewide perinatal care program.
   b.  Thirty-seven percent of the remaining funds appropriated in subsection 1 shall be allocated to the university of Iowa hospitals and clinics under the control of the state board of regents for mobile and regional child health specialty clinics. The university of Iowa hospitals and clinics shall not receive an allocation for indirect costs from the funds for this program. Priority shall be given to establishment and maintenance of a statewide system of mobile and regional child health specialty clinics.
   5.  The department of public health shall administer the statewide maternal and child health program and the disabled children’s program by conducting mobile and regional child health specialty clinics and conducting other activities to improve the health of low-income women and children and to promote the welfare of children with actual or potential handicapping conditions and chronic illnesses in accordance with the requirements of Tit. V of the federal Social Security Act.
   Sec. 486.  PREVENTIVE HEALTH AND HEALTH SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of public health for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $    937,094
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 6A, subch. XVII, part A, which provides for the preventive health and health services block grant. The department shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Of the funds appropriated in subsection 1, an amount not exceeding 10 percent shall be used by the department for administrative expenses.
   3.  Of the funds appropriated in subsection 1, the specific amount of funds stipulated by the notice of the block grant award shall be allocated for services to victims of sex offenses and for rape prevention education.
   4.  After deducting the funds allocated in subsections 2 and 3, the remaining funds appropriated in subsection 1 may be used by the department for healthy people 2011/healthy Iowans 2011 program objectives, preventive health advisory committee, and risk reduction services, including nutrition programs, health incentive programs, chronic disease services, emergency medical services, monitoring of the fluoridation program and start-up fluoridation grants, and acquired immune deficiency syndrome services. The moneys specified in this subsection shall not be used by the university of Iowa hospitals and clinics or by the state hygienic laboratory for the funding of indirect costs.
   Sec. 487.  STOP VIOLENCE AGAINST WOMEN GRANT PROGRAM APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the department of justice for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $  1,350,388
   Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, § 3796gg-1, which provides for grants to combat violent crimes against women. The department of justice shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the department of justice for administrative expenses. From the funds set aside by this subsection for administrative expenses, the department shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   Sec. 488.  RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS FORMULA GRANT PROGRAM.  There is appropriated from the fund created by section 8.41 to the governor’s office of drug control policy for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $    209,802
   Funds appropriated in this section are the funds anticipated to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, subch. XII-G, which provides grants for substance abuse treatment programs in state and local correctional facilities. The drug policy coordinator shall expend the funds appropriated in this section as provided in federal law making the funds available and in conformance with chapter 17A.
   Sec. 489.  EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPROPRIATION.
   1.  There is appropriated from the fund created by section 8.41 to the governor’s office of drug control policy for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $  2,528,491
   Funds appropriated in this subsection are the anticipated funds to be received from the federal government for the designated fiscal year under 42 U.S.C., ch. 46, subch. V, which provides for the Edward Byrne memorial justice assistance grant program. The drug policy coordinator shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding 10 percent of the funds appropriated in subsection 1 shall be used by the drug policy coordinator for administrative expenses. From the funds set aside by this subsection for administrative expenses, the drug policy coordinator shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   Sec. 490.  COMMUNITY SERVICES APPROPRIATIONS.
   1.
  a.  There is appropriated from the fund created by section 8.41 to the division of community action agencies of the department of human rights for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $  6,409,745
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 106, which provides for the community services block grant. The division of community action agencies of the department of human rights shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   b.  The administrator of the division of community action agencies of the department of human rights shall allocate not less than 96 percent of the amount of the block grant to eligible community action agencies for programs benefiting low-income persons. Each eligible agency shall receive a minimum allocation of not less than $85,000. The minimum allocation shall be achieved by redistributing increased funds from agencies experiencing a greater share of available funds. The funds shall be distributed on the basis of the poverty-level population in the area represented by the community action areas compared to the size of the poverty-level population in the state.
   2.  An amount not exceeding 4 percent of the funds appropriated in subsection 1 shall be used by the division of community action agencies of the department of human rights for administrative expenses. From the funds set aside by this subsection for administrative expenses, the division of community action agencies of the department of human rights shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the division of community action agencies for the costs of the audits.
   Sec. 491.  COMMUNITY DEVELOPMENT APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of economic development for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $ 24,237,570
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 69, which provides for community development block grants. The department of economic development shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  An amount not exceeding $1,054,000 for the federal fiscal year beginning October 1, 2012, shall be used by the department of economic development for administrative expenses for the community development block grant. The total amount used for administrative expenses includes $569,500 for the federal fiscal year beginning October 1, 2012, of funds appropriated in subsection 1 and a matching contribution from the state equal to $484,500 from the appropriation of state funds for the community development block grant and state appropriations for related activities of the department of economic development. From the funds set aside for administrative expenses by this subsection, the department of economic development shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1. The auditor of state shall bill the department for the costs of the audit.
   Sec. 492.  LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the division of community action agencies of the department of human rights for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $ 59,948,673
   The funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 94, subch. II, which provides for the low-income home energy assistance block grants. The division of community action agencies of the department of human rights shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Up to 15 percent of the amount appropriated in this section that is actually received shall be used for residential weatherization or other related home repairs for low-income households. Of this allocation amount, not more than 10 percent may be used for administrative expenses.
   3.  After subtracting the allocation in subsection 2, up to 10 percent of the remaining moneys are allocated for administrative expenses of the low-income home energy assistance program of which $320,450 is allocated for administrative expenses of the division. The costs of auditing the use and administration of the portion of the appropriation in this section that is retained by the state shall be paid from the amount allocated in this subsection to the division. The auditor of state shall bill the division for the audit costs.
   4.  The remaining moneys of the appropriation in this section following the allocations made in subsections 2 and 3, shall be used to help eligible households as defined in 42 U.S.C., ch. 94, subch. II, to meet home energy costs.
   5.  Not more than 10 percent of the amount appropriated in this section that is actually received may be carried forward for use in the succeeding federal fiscal year.
   6.  Expenditures for assessment and resolution of energy problems shall be limited to not more than 5 percent of the amount appropriated in this section that is actually received.
   Sec. 493.  SOCIAL SERVICES APPROPRIATIONS.
   1.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $ 14,078,196
   Funds appropriated in this subsection are the funds anticipated to be received from the federal government for the designated federal fiscal year under 42 U.S.C., ch. 7, subch. XX, which provides for the social services block grant. The department of human services shall expend the funds appropriated in this subsection as provided in the federal law making the funds available and in conformance with chapter 17A.
   2.  Not more than $906,029 of the funds appropriated in subsection 1 shall be used by the department of human services for general administration. From the funds set aside in this subsection for general administration, the department of human services shall pay to the auditor of state an amount sufficient to pay the cost of auditing the use and administration of the state’s portion of the funds appropriated in subsection 1.
   3.  In addition to the allocation for general administration in subsection 2, the remaining funds appropriated in subsection 1 shall be allocated in the following amounts to supplement appropriations for the federal fiscal year beginning October 1, 2012, for the following programs within the department of human services:
   a.  Field operations:
.................................................. $  5,419,064
   b.  Child and family services:
.................................................. $    700,566
   c.  Local administrative costs and other local services:
.................................................. $    574,706
   d.  Volunteers:
.................................................. $     62,920
   e.  MH/MR/DD/BI community services (local purchase):
.................................................. $  6,414,911
   Sec. 494.  SOCIAL SERVICES BLOCK GRANT PLAN.  The department of human services during each state fiscal year shall develop a plan for the use of federal social services block grant funds for the subsequent state fiscal year.
   The proposed plan shall include all programs and services at the state level which the department proposes to fund with federal social services block grant funds, and shall identify state and other funds which the department proposes to use to fund the state programs and services.
   The proposed plan shall also include all local programs and services which are eligible to be funded with federal social services block grant funds, the total amount of federal social services block grant funds available for the local programs and services, and the manner of distribution of the federal social services block grant funds to the counties. The proposed plan shall identify state and local funds which will be used to fund the local programs and services.
   The proposed plan shall be submitted with the department’s budget requests to the governor and the general assembly.
   Sec. 495.  PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.
   1.  Upon receipt of the minimum formula grant from the federal substance abuse and mental health services administration to provide mental health services for the homeless, for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the department of human services shall assure that a project which receives funds under the formula grant shall do all of the following:
   a.  Provide outreach and engagement to homeless individuals and individuals at risk of homelessness and assesses those individuals for serious mental illness.
   b.  Enroll those individuals with serious mental illness who are willing to accept services through the project.
   c.  Provide case management to homeless persons.
   d.  Provide appropriate training to persons who provide services to persons targeted by the grant.
   e.  Assure a local match share of 25 percent.
   f.  Refer homeless individuals and individuals at risk of homelessness to primary health care, job training, educational services, and relevant housing services.
   2.  A project may expend funds for community mental health services, diagnostic services, crisis intervention services, habilitation and rehabilitation services, substance abuse services, supportive and supervisory services to homeless persons living in residential settings that are not otherwise supported, and housing services including minor renovation, expansion, and repair of housing, security deposits, planning of housing, technical assistance in applying for housing, improving the coordination of housing services, the costs associated with matching eligible homeless individuals with appropriate housing, and one-time rental payments to prevent eviction.
   Sec. 496.  CHILD CARE AND DEVELOPMENT APPROPRIATION.  There is appropriated from the fund created by section 8.41 to the department of human services for the federal fiscal year beginning October 1, 2012, and ending September 30, 2013, the following amount:
.................................................. $ 37,223,639
   Funds appropriated in this section are the funds anticipated to be received from the federal government under 42 U.S.C., ch. 105, subch. II-B, which provides for the child care and development block grant. The department shall expend the funds appropriated in this section as provided in the federal law making the funds available and in conformance with chapter 17A.
   Moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall revert to be available for appropriation for purposes of the child care and development block grant in the succeeding fiscal year.
   Sec. 497.  PROCEDURE FOR REDUCED FEDERAL FUNDS.
   1.  If the funds received from the federal government for the block grants specified in this Act are less than the amounts appropriated, the funds actually received shall be prorated by the governor for the various programs, other than for the services to victims of sex offenses and for rape prevention education under section 22, subsection 3, of this division of this Act, for which each block grant is available according to the percentages that each program is to receive as specified in this division of this Act. However, if the governor determines that the funds allocated by the percentages will not be sufficient to accomplish the purposes of a particular program, or if the appropriation is not allocated by percentage, the governor may allocate the funds in a manner which will accomplish to the greatest extent possible the purposes of the various programs for which the block grants are available.
   2.  Before the governor implements the actions provided for in subsection 1, the following procedures shall be taken:
   a.  The chairpersons and ranking members of the senate and house standing committees on appropriations, the appropriate chairpersons and ranking members of subcommittees of those committees, and the director of the legislative services agency shall be notified of the proposed action.
   b.  The notice shall include the proposed allocations, and information on the reasons why particular percentages or amounts of funds are allocated to the individual programs, the departments and programs affected, and other information deemed useful. Chairpersons and ranking members notified shall be allowed at least two weeks to review and comment on the proposed action before the action is taken.
   Sec. 498.  PROCEDURE FOR INCREASED FEDERAL FUNDS.
   1.  If funds received from the federal government in the form of block grants exceed the amounts appropriated in sections 19, 20, 21, 22, 25, 27, and 29 of this division of this Act, the excess shall be prorated to the appropriate programs according to the percentages specified in those sections, except additional funds shall not be prorated for administrative expenses.
   2.  If actual funds received from the federal government from block grants exceed the amount appropriated in section 28 of this division of this Act for the low-income home energy assistance program, not more than 10 percent of the excess may be allocated to the low-income residential weatherization program and not more than 15 percent of the excess may be used for administrative costs.

   3.  If funds received from the federal government from community services block grants exceed the amount appropriated in section 26 of this division of this Act, 100 percent of the excess is allocated to the community services block grant program.
   Sec. 499.  PROCEDURE FOR EXPENDITURE OF ADDITIONAL FEDERAL FUNDS.  If other federal grants, receipts, and funds and other nonstate grants, receipts, and funds become available or are awarded which are not available or awarded during the period in which the general assembly is in session, but which require expenditure by the applicable department or agency prior to March 15 of the fiscal year beginning July 1, 2012, and ending June 30, 2013, these grants, receipts, and funds are appropriated to the extent necessary, provided that the fiscal committee of the legislative council is notified within 30 days of receipt of the grants, receipts, or funds and the fiscal committee of the legislative council has an opportunity to comment on the expenditure of the grants, receipts, or funds.
   Sec. 500.  EXPENDITURE REPORT.  Each department, agency, or authority receiving an appropriation of federal funds pursuant to this Act for the federal fiscal year beginning October 1, 2011, or October 1, 2012, shall submit a detailed plan for the expenditure of the federal funds designated for departmental administrative expenses to the members of the joint appropriations subcommittee with jurisdiction over the state appropriations for the department, agency, or authority. The plan shall be submitted at least 60 calendar days prior to the commencement of the federal fiscal year to which the plan applies and shall be accompanied by a detailed report on the actual department administrative expenditures for the federal fiscal year in progress and the most recently completed federal fiscal year, both in a form acceptable to the legislative services agency.
   Sec. 501.  OTHER GRANTS, RECEIPTS, AND FUNDS.  Federal grants, receipts, and funds and other nonstate grants, receipts, and funds, available in whole or in part of the fiscal year beginning July 1, 2012, and ending June 30, 2013, are appropriated to the following departments and agencies that are designated by and for the purposes set forth in the grants, receipts, or conditions accompanying the receipt of the funds, unless otherwise provided by law:
   1.  Department of administrative services.
   2.  Department on aging.
   3.  Department of agriculture and land stewardship.
   4.  Office of auditor of state.
   5.  Department for the blind.
   6.  Iowa state civil rights commission.
   7.  College student aid commission.
   8.  Department of commerce.
   9.  Department of corrections.
   10.  Department of cultural affairs.
   11.  Department of economic development.
   12.  Department of education.
   13.  Office of energy independence.
   14.  Iowa ethics and campaign disclosure board.
   15.  Iowa finance authority.
   16.  Offices of the governor and lieutenant governor.
   17.  Governor’s office of drug control policy.
   18.  Department of human rights.
   19.  Department of human services.
   20.  Department of inspections and appeals.
   21.  Judicial branch.
   22.  Department of justice.
   23.  Iowa law enforcement academy.
   24.  Department of management.
   25.  Department of natural resources.
   26.  Board of parole.
   27.  Department of public defense.
   28.  Public employment relations board.
   29.  Department of public health.

   30.  Department of public safety.
   31.  State board of regents.
   32.  Department of revenue.
   33.  Office of secretary of state.
   34.  Iowa state fair authority.
   35.  Office for state-federal relations.
   36.  Iowa telecommunications and technology commission.
   37.  Office of treasurer of state.
   38.  Department of transportation.
   39.  Department of veterans affairs.
   40.  Department of workforce development.

DIVISION LVII

STANDINGS

STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012
   Sec. 502.  BUDGET PROCESS FOR FISCAL YEAR 2012-2013.
   1.  For the budget process applicable to the fiscal year beginning July 1, 2012, on or before October 1, 2011, in lieu of the information specified in section 8.23, subsection 1, unnumbered paragraph 1, and paragraph “a”, all departments and establishments of the government shall transmit to the director of the department of management, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, together with supporting data and explanations as called for by the director of the department of management after consultation with the legislative services agency.
   2.  The estimates of expenditure requirements shall be in a form specified by the director of the department of management, and the expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied by performance measures for evaluating the effectiveness of the programs or results.
   Sec. 503.  LIMITATION OF STANDING APPROPRIATIONS.  

Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the amounts appropriated from the general fund of the state pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For performance of duty by the executive council in sections 7D.29, 8A.321, and 29C.20:
.................................................. $ 38,000,000
   2.  For operational support grants and community cultural grants under section 99F.11, subsection 3, paragraph “d”, subparagraph (1):
.................................................. $    416,702
   3.  For regional tourism marketing under section 99F.11, subsection 3, paragraph “d”, subparagraph (2):
.................................................. $    810,306
   4.  For the center for congenital and inherited disorders central registry under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    171,121
   5.  For primary and secondary child abuse prevention programs under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    217,772
   6.  For programs for at-risk children under section 279.51:
.................................................. $ 10,804,258
   The amount of any reduction in this subsection shall be prorated among the programs specified in section 279.51, subsection 1, paragraphs “a”, “b”, and “c”.
   7.  For payment for nonpublic school transportation under section 285.2:
.................................................. $  7,060,931
   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this subsection, the department of education shall prorate the amount of each approved claim.
   8.  For reimbursement for the homestead property tax credit under section 425.1:
.................................................. $ 86,188,387
   9.  For reimbursement for the family farm and agricultural land tax credits under sections 425A.1 and 426.1:
.................................................. $ 32,395,131
   10.  For the enforcement of chapter 453D relating to tobacco product manufacturers under section 453D.8:
.................................................. $     18,416
   Sec. 504.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for paying instructional support state aid under section 257.20 for fiscal year 2011-2012 is zero.
   Sec. 505.  APPROPRIATION —— FARMERS WITH DISABILITIES.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for a program for farmers with disabilities:
.................................................. $     97,000
   The moneys appropriated in this section shall be used for the public purpose of providing a grant to a national nonprofit organization with over 80 years of experience in assisting children and adults with disabilities and special needs. The moneys shall be used to support a nationally recognized program that began in 1986 and has been replicated in at least 30 other states, but which is not available through any other entity in this state, and that provides assistance to farmers with disabilities in all 99 counties to allow the farmers to remain in their own homes and be gainfully engaged in farming through provision of agricultural worksite and home modification consultations, peer support services, services to families, information and referral, and equipment loan services. Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 506.  Section 256.30, unnumbered paragraph 1, Code 2011, is amended by striking the unnumbered paragraph and inserting in lieu thereof the following:
   For the fiscal year beginning July 1, 2011, and ending June 30, 2012, there is appropriated from the general fund of the state to the department the sum of one hundred thousand dollars. For the fiscal year beginning July 1, 2012, and ending June 30, 2013, and for each succeeding fiscal year, there is appropriated from the general fund of the state to the department the sum of eighty-five thousand dollars. The department shall distribute the appropriation to the tribal council of the Sac and Fox Indian settlement for expenses of educating American Indian children residing in the Sac and Fox Indian settlement on land held in trust by the secretary of the interior of the United States in excess of federal moneys paid to the tribal council for educating the American Indian children when moneys are appropriated for that purpose. The tribal council shall administer the moneys distributed pursuant to this section and shall submit an annual report and other reports as required by the department to the department on the expenditure of the moneys.
   Sec. 507.  Section 257.35, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall be reduced by the department of management by twenty million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
   Sec. 508.  Section 453A.35, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  The With the exception of revenues credited to the health care trust fund pursuant to paragraph “b”, the proceeds derived from the sale of stamps and the payment of taxes, fees, and penalties provided for under this chapter, and the permit fees received from all permits issued by the department, shall be credited to the general fund of the state. However, of
   b.  Of the revenues generated from the tax on cigarettes pursuant to section 453A.6, subsection 1, and from the tax on tobacco products as specified in section 453A.43, subsections 1, 2, 3, and 4,and credited to the general fund of the state under this subsection, there is appropriated, annually, to the health care trust fund created in section 453A.35A, the first one hundred six million sixteen thousand four hundred dollars shall be credited to the health care trust fund created in section 453A.35A.
   Sec. 509.  Section 453A.35A, subsection 1, Code 2011, is amended to read as follows:
   1.  A health care trust fund is created in the office of the treasurer of state. The fund consists of the revenues generated from the tax on cigarettes pursuant to section 453A.6, subsection 1, and from the tax on tobacco products as specified in section 453A.43, subsections 1, 2, 3, and 4, that are credited to thegeneral fund of the state and appropriated to the health care trust fund, annually, pursuant to section 453A.35. Moneys in the fund shall be separate from the general fund of the state and shall not be considered part of the general fund of the state. However, the fund shall be considered a special account for the purposes of section 8.53 relating to generally accepted accounting principles. Moneys in the fund shall be used only as specified in this section and shall be appropriated only for the uses specified. Moneys in the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except as provided in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.

DIVISION LVIII

STANDINGS

SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012
   Sec. 510.  BONUS PAY.  For the fiscal years beginning July 1, 2011, and July 1, 2012, employees of the executive branch, judicial branch, and legislative branch shall not receive bonus pay unless otherwise authorized by law, required pursuant to a contract of employment entered into before July 1, 2011, or required pursuant to a collective bargaining agreement. This section does not apply to employees of the state board of regents who receive bonuses funded by nonpublic moneys. For purposes of this section, “bonus pay” means any additional remuneration provided an employee in the form of a bonus, including but not limited to a retention bonus, recruitment bonus, exceptional job performance pay, extraordinary job performance pay, exceptional performance pay, extraordinary duty pay, or extraordinary or special duty pay, and any extra benefit not otherwise provided to other similarly situated employees.
   Sec. 511.  SALARY INCREASES —— CERTAIN REVOLVING FUNDS.
   1.  For the fiscal years beginning July 1, 2011, and July 1, 2012, there is appropriated from the gaming enforcement revolving fund an amount necessary for funding annual pay adjustments and related benefits for agents and officers of the division of criminal investigation’s racetrack, excursion boat, or gambling structure enforcement activities. Moneys appropriated pursuant to this subsection shall be in addition to and supplement other appropriations from the fund.
   2.  For the fiscal years beginning July 1, 2011, and July 1, 2012, there is appropriated from the gaming regulatory revolving fund, if enacted by the Eighty-fourth General Assembly, 2011 session, an amount necessary for funding annual pay adjustments and related benefits for positions in the racing and gaming commission of the department of inspections and appeals who are assigned to administration and enforcement of the excursion boat and gambling structure laws. Moneys appropriated pursuant to this subsection shall be in addition to and supplement other appropriations from the fund.
   Sec. 512.  STATE TROOPER MEAL ALLOWANCE.  For the fiscal years beginning July 1, 2011, and July 1, 2012, the sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement negotiated pursuant to chapter 20 shall receive the same per diem meal allowance as the sworn peace officers in the department of public safety who are covered by a collective bargaining agreement negotiated pursuant to chapter 20.
   Sec. 513.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
   Sec. 514.  GROUP HEALTH INSURANCE PREMIUM COSTS FOR STATE EMPLOYEES.
   1.  The state’s executive and judicial branch authorities responsible for negotiating the collective bargaining agreements entered into under chapter 20 shall engage in discussions with the applicable state employee organizations to renegotiate provisions involving health insurance coverage of state employees and their families in order to achieve cost savings for the state. The discussions shall include but are not limited to a requirement for a state employee who is covered by a collective bargaining agreement and is a member of state group health insurance plan for employees of the state established under chapter 509A to pay at least one hundred dollars per month of the total premium for such health plan coverage for single persons or increase the amount paid per month for family coverage by the same amount that would be paid for the single person’s coverage.
   2.  If collective bargaining agreements are renegotiated to achieve cost savings pursuant to subsection 1, the cost savings provisions shall also apply to state employees who are not covered by collective bargaining as provided in chapter 20 and are members of a state group health insurance plan for employees of the state established under chapter 509A.
   3.  Beginning on the effective date of this section, a state legislator or legislative staff member who is a member of a state group health insurance plan for employees of the state established under chapter 509A shall pay at least one hundred dollars per month of the total premium for such health care coverage for single persons or increase the amount paid per month for family coverage by the same amount that would be paid for the single persons coverage. The payment amount shall be determined by the legislative council, subject to the minimum amount specified in this subsection.
   Sec. 515.  NEW SECTION.  8A.440  Group health insurance premium costs.
   1.  Collective bargaining agreements entered into pursuant to chapter 20 for state employees shall provide that a state employee covered by that agreement who is a member of a state group health insurance plan for employees of the state established under chapter 509A shall pay at least one hundred dollars per month of the total premium for such insurance for single persons or increase the amount paid per month for family coverage by the same amount that would be paid for the single person’s coverage.
   2.  A state employee not covered by a collective bargaining agreement as provided in chapter 20 who is a member of a state group health insurance plan for employees of the state established under chapter 509A shall pay the same amount per month of the total premium for such insurance as is paid under the collective bargaining agreement that covers the greatest number of state employees in the state government entity employing the state employee.
   Sec. 516.  APPLICABILITY.  The section of this division of this Act enacting section 8A.440, applies to collective bargaining agreements entered into on or after the effective date of that section of this division of this Act.
   Sec. 517.  EFFECTIVE UPON ENACTMENT.  The following sections of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division relating to group health insurance premium costs for state employees.
   2.  The section of this division enacting section 8A.440.
   3.  The section of this division relating to applicability.

DIVISION LIX

STANDINGS

CORRECTIVE PROVISIONS
   Sec. 518.  Section 8.6, subsection 9A, as enacted by 2011 Iowa Acts, House File 45, section 39, is amended to read as follows:
   9A.  Budget and tax rate databases.  To develop and make available to the public a searchable budget database and internet site as required under chapter 8G, division subchapter I, and to develop and make available to the public a searchable tax rate database and internet site as required under chapter 8G, division subchapter II.
   Sec. 519.  Section 8.57E, subsection 3, paragraph a, as enacted by 2011 Iowa Acts, Senate File 209, section 30, is amended to read as follows:
   a.  Moneys in the taxpayer’s taxpayers trust fund may be used for cash flow purposes during a fiscal year provided that any moneys so allocated are returned to the fund by the end of that fiscal year.
   Sec. 520.  Section 8G.13, as enacted by 2011 Iowa Acts, House File 45, section 50, is amended to read as follows:
   8G.13  Updating database.
   To facilitate the department of management’s efforts in creating and maintaining a searchable database of the taxes identified in section 8G.12, subsection 3 1, for all taxing jurisdictions in the state, each taxing jurisdiction may annually be required to report its tax rates to the department of management or the department of revenue and shall report any changes to its tax rates within thirty days of the change.
   Sec. 521.  Section 16.193, subsection 3, paragraph a, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 11, is amended to read as follows:
   a.  During the term of the Iowa jobs program and Iowa jobs II program, the Iowa finance authority shall collect data on all of the projects approved for the program programs. The department of management and the state agencies associated with the projects shall assist the authority with the data collection and in developing the report required by this subsection. The authority shall report quarterly to the governor and the general assembly concerning the data.
   Sec. 522.  Section 68A.401, subsection 4, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 17, is amended to read as follows:
   4.  Political committees expressly advocating the nomination, election, or defeat of candidates for both federal office and any elected office created by law or the Constitution of the State of Iowa shall file statements and reports with the board in addition to any federal reports required to be filed with the board. However, a political committee that is registered and filing full disclosure reports of all financial activities with the federal election commission may file verified statements as provided in section 68B.201A 68A.201A.
   Sec. 523.  Section 139A.19, subsection 3, as enacted by 2011 Iowa Acts, House File 467, section 20, is amended to read as follows:
   3.  This section does not preclude a hospital, clinic, other health facility, or a health care provider from providing notification to a care provider under circumstances in which the hospital’s, clinic’s, other health facility’s, or health care provider’s policy provides for notification of the hospital’s, clinics clinic’s, other health facility’s, or health care provider’s own employees of exposure to a contagious or infectious disease that is not life-threatening if the notice does not reveal a patient’s name, unless the patient consents.
   Sec. 524.  Section 175.3, subsection 1, paragraph a, Code 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, is amended to read as follows:
   a.  The agricultural development authority is established within the department of agriculture and land stewardship. The agency authority is constituted as a public instrumentality and agency of the state exercising public and essential governmental functions.
   Sec. 525.  Section 207.22, subsection 3, paragraph b, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 47, is amended to read as follows:
   b.  Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of Tit. IV ofPub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effect of past coal mining practices.
   Sec. 526.  Section 232.71D, subsection 3, paragraph a, unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House File 562, section 3, is amended to read as follows:
   Unless any of the circumstances listed in paragraph “b” are applicable, cases to which any of the following circumstances apply shall not be placed on in the central registry:
   Sec. 527.  Section 256.7, subsection 26, paragraph a, subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 453, section 1, is amended to read as follows:
   (1)  The rules establishing high school graduation requirements shall authorize a school district or accredited nonpublic school to consider that any student who satisfactorily completes a high school-level unit of English or language arts, mathematics, science, or social studies has satisfactorily completed a unit of the high school graduation requirements for that area as specified in this lettered paragraph, and to shall authorize the school district or accredited nonpublic school to issue high school credit for the unit to the student.
   Sec. 528.  Section 321.34, subsection 20C, paragraph a, if enacted by 2011 Iowa Acts, House File 651, section 2, is amended to read as follows:
   a.  The department, in consultation with the adjutant general, shall design combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge distinguishing processed emblems. Upon receipt of two hundred fifty orders forspecial combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with the applicable distinguishing processed emblem as provided in paragraphs“b” and “c”. The minimum order requirement shall apply separately to each of the special registration plates created under this subsection.
   Sec. 529.  Section 321.34, subsection 25, paragraph a, if enacted by 2011 Iowa Acts, House File 651, section 2, is amended to read as follows:
   a.  The department, in consultation with the adjutant general, shall design a civil war sesquicentennial distinguishing processed emblem. Upon receipt of two hundred fifty orders forspecial civil war sesquicentennial special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with a civil war sesquicentennial processed emblem as provided in paragraph “b”.
   Sec. 530.  Section 327B.5, Code 2011, is amended to read as follows:
   327B.5  Penalty.
   Any person violating the provisions of this chapter shall, upon conviction, be subject to a scheduled fine as provided in section 805.8A, subsection 13, paragraphs paragraph“f”and “g”.
   Sec. 531.  Section 422.11O, subsection 5, paragraph a, subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 531, section 17, is amended to read as follows:
   (2)  The E-15 plus gasoline promotion tax credit pursuant to section 422.11Y.
   Sec. 532.  Section 422.11Y, subsection 1, paragraph d, if enacted by 2011 Iowa Acts, Senate File 531, section 35, is amended to read as follows:
   d.  “Tax credit” means the E-15 plus gasoline promotion tax credit as provided in this section.
   Sec. 533.  Section 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, section 35, is amended to read as follows:
   The taxes imposed under this division, less the credits allowed under section 422.12, shall be reduced by the amount of the E-15 plus gasoline promotion tax credit for each tax year that the taxpayer is eligible to claim a tax credit under this subsection.
   Sec. 534.  Section 422.11Y, subsection 6, paragraph b, subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 531, section 35, is amended to read as follows:
   (2)  The retail dealer may claim the ethanol promotion tax credit as provided in paragraph“a” for the same ethanol gallonage used to calculate and claim the E-15 plus gasoline promotion tax credit.
   Sec. 535.  Section 423.4, subsection 9, unnumbered paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59, is amended to read as follows:
   A person who qualifies as a biodiesel producer as provided in this subsection may apply to the director for a refund of the amount of the sales or use tax imposed and paid upon purchases made by the person.
   Sec. 536.  Section 483A.24A, Code 2011, as amended by 2011 Iowa Acts, Senate File 194, section 10, is amended to read as follows:
   483A.24A  License refunds —— military service.
   Notwithstanding any provision of this chapter to the contrary, a service member deployed for military service, both as defined in section 29A.1, subsection 3, shall receive a refund of that portion of any license fee paid by the service member representing the service member’s period of military service.
   Sec. 537.  Section 501.101, subsection 01, as enacted by 2011 Iowa Acts, House File 348, section 7, is amended to read as follows:
   01.  “Alternative voting method” means a method of voting other than a written ballot, including voting by electronic, telephonic, internet, or other means that reasonably allow allows members the opportunity to vote.
   Sec. 538.  Section 501A.703, subsection 5, paragraph d, Code 2011, as amended by 2011 Iowa Acts, House File 348, section 19, is amended to read as follows:
   d.  If the ballot of the member is received by the cooperative on or before the date of the regular members’ meeting or as otherwise prescribed for an alternative, voting method, the ballot or alternative voting method shall be accepted and counted as the vote of the absent member.
   Sec. 539.  Section 511.8, subsection 22, paragraph i, unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate File 406, section 25, is amended to read as follows:
   Securities held in the legal reserve of a life insurance company or association pledged as collateral for financial instruments used in highly effective hedging transactions as defined in the national association of insurance commissioners’ Statement statement of Statutory Accounting Principles No. statutory accounting principles no. 86 shall continue to be eligible for inclusion on in the legal reserve of the life insurance company or association subject to all of the following:
   Sec. 540.  Section 514J.109, subsection 3, paragraph f, if enacted by 2011 Iowa Acts, House File 597, section 9, is amended to read as follows:
   f.  The covered person or the covered person’s authorized representative has provided all the information and forms required by the commissioner that are necessary to process an external review request pursuant to this section.
   Sec. 541.  Section 521F.4, subsection 1, paragraph b, as enacted by 2011 Iowa Acts, Senate File 406, section 44, is amended to read as follows:
   b.  The filing of a risk-based capital report by a health organization which indicates that the health organization has total adjusted capital which is greater than or equal to its company-action-level risk-based capital but less than the product of its authorized-control-level risk-based capital and three and triggers the trend test determined in accordance with the trend test calculations calculation included in the health risk-based capital instructions.
   Sec. 542.  Section 524.310, subsection 5, paragraph b, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 120, is amended to read as follows:
   b.  A corporate or company name reserved, registered, or protected as provided in section 489.109, 490.402, 490.403, 490A.402, 504.402, or 504.403.
   Sec. 543.  Section 717.3, subsection 5, paragraph b, Code 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, is amended to read as follows:
   b.  That the department shall assume supervision of and provide for the sustenance of the livestockand as provided in section 717.4.
   Sec. 544.  Section 717.4, subsection 2, as enacted by 2011 Iowa Acts, Senate File 478, section 7, is amended to read as follows:
   2.  The court ordered lien shall be for the benefit of the department. The amount of the lien shall not benot more than for expenses incurred in providing sustenance to the livestock pursuant to section 717.3 and providing for the disposition of the livestock pursuant to section 717.5.
   Sec. 545.  Section 717.4A, as enacted by 2011 Iowa Acts, Senate File 478, section 8, is amended to read as follows:
   717.4A  Livestock in immediate need of sustenance —— livestock remediation fund.
   The department may utilize the moneys deposited into the livestock remediation fund pursuant to section 459.501 to pay for any expenses associated with providing sustenance to or the disposition of the livestock pursuant to a court order entered pursuant to section 717.3 or 717.5. The department shall utilize moneys from the fund only to the extent that the department determines that expenses cannot be timely paid by utilizing the available provisions of sections 717.4 and 717.5. The department shall deposit any unexpended and unobligated moneys in the fund. The department shall pay to the fund the proceeds from the disposition of the livestock and associated products less expenses incurred by the department in providing for the sustenance and disposition of the livestock, as provided in section 717.5.
   Sec. 546.  Section 903A.5, subsection 1, as enacted by 2011 Iowa Acts, House File 271, section 3, is amended to read as follows:
   1.  An inmate shall not be discharged from the custody of the director of the Iowa department of corrections until the inmate has served the full term for which the inmate was sentenced, less earned time and other credits earned and not forfeited, unless the inmate is pardoned or otherwise legally released. Earned time accrued and not forfeited shall apply to reduce a mandatory minimum sentence being served pursuant to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An inmate shall be deemed to be serving the sentence from the day on which the inmate is received into the institution. If an inmate was confined to a county jail or other correctional or mental facility at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal, because of failure to furnish bail or because of being charged with a nonbailable offense, the inmate shall be given credit for the days already served upon the term of the sentence. However, if a person commits any offense while confined in a county jail or other correctional or mental health facility, the person shall not be grantedjail credit for that offense. Unless the inmate was confined in a correctional facility, the sheriff of the county in which the inmate was confined shall certify to the clerk of the district court from which the inmate was sentenced and to the department of corrections’ records administrator at the Iowa medical and classification center the number of days so served. The department of corrections’ records administrator, or the administrator’s designee, shall apply jail credit as ordered by the court of proper jurisdiction or as authorized by this section and section 907.3, subsection 3.
   Sec. 547.  EFFECTIVE DATES.
   1.  The section of this division of this Act amending section 422.11O, subsection 5, paragraph a, subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 531, section 17, takes effect January 1, 2012.
   2.  Section 423.4, subsection 9, unnumbered paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59, takes effect January 1, 2012.
   Sec. 548.  APPLICABILITY.
   1.  The section of this division of this Act amending section 422.11O, subsection 5, paragraph a, subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 531, section 17, applies to tax years beginning on and after January 1, 2012.
   2.  The section of this division of this Act amending section 422.11Y, subsection 1, paragraph d, if enacted by 2011 Iowa Acts, Senate File 531, section 35, applies to tax years beginning on and after January 1, 2012, and to that part of a retail dealer’s tax year or tax years occurring during that portion of the calendar year beginning on and after July 1, 2011, and ending on December 31, 2011.
   3.  The section of this division of this Act amending section 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, section 35, applies to tax years beginning on and after January 1, 2012, and to that part of a retail dealer’s tax year or tax years occurring during that portion of the calendar year beginning on and after July 1, 2011, and ending on December 31, 2011.

   4.  The section of this division of this Act amending section 422.11Y, subsection 6, paragraph b, subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 531, section 35, applies to tax years beginning on and after January 1, 2012, and to that part of a retail dealer’s tax year or tax years occurring during that portion of the calendar year beginning on and after July 1, 2011, and ending on December 31, 2011.

DIVISION LX

STANDINGS

MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
   Sec. 549.  APPROPRIATION —— BATTLESHIP IOWA, BB-61.
   1.  There is appropriated from the general fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be credited to the BB-61 fund created in 2010 Iowa Acts, chapter 1194:
.................................................. $  3,000,000
   2.  If the department of the navy, pursuant to a process outlined in a notice published in the federal register on May 24, 2010, volume 75, number 99, awards possession or conditionally awards possession of the battleship Iowa, BB-61, to a nonprofit group that is eligible to receive the battleship, the department of cultural affairs shall award a grant to the nonprofit group in an amount equal to $3 million in addition to any moneys awarded as a grant from the BB-61 fund.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated for succeeding fiscal years.
   Sec. 550.  STATE AGENCY OFFICE SUPPLIES PURCHASE, EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING —— APPLICABILITY.  The limitation on expenditures made for office supplies, purchases of equipment, office equipment, and equipment noninventory, printing and binding, and marketing implemented pursuant to 2011 Iowa Acts, House File 45, section 2, does not apply to a department or agency receiving a supplemental appropriation for the fiscal year beginning July 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division III.
   Sec. 551.  Section 321J.2, subsection 4, paragraph b, Code 2011, is amended to read as follows:
   b.  Assessment of a minimum fine of one thousand eight hundred fifty seventy-five dollars and a maximum fine of six thousand two hundred fifty dollars. Surcharges and fees shall be assessed pursuant to chapter 911.
   Sec. 552.  REPEAL.  Chapter 327K, Code 2011, is repealed.
   Sec. 553.  EFFECTIVE AND APPLICABILITY DATES.  The section of this division of this Act appropriating moneys to the department of cultural affairs for purposes of a grant for the battleship Iowa, BB-61, being deemed of immediate importance, takes effect upon enactment and, if approved by the governor on or after July 1, 2011, shall apply retroactively to June 30, 2011.
   Sec. 554.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  The provision of this division of this Act relating to a limitation on state agency office supplies purchase, equipment purchases, printing and binding, and marketing as enacted by 2011 Iowa Acts, House File 45, being deemed of immediate importance, takes effect upon enactment and applies retroactively to March 7, 2011.

DIVISION LXI

STANDINGS

GROW IOWA VALUES FUND AND PROGRAM
   Sec. 555.  Section 15.103, subsection 6, Code 2011, is amended to read as follows:
   6.  As part of the organizational structure of the department, the board shall establish a due diligence committee and a loan and credit guarantee committee composed of members of the board. The committees shall serve in an advisory capacity to the board and shall carry out any duties assigned by the board in relation to programs administered by the department. The loan and credit guarantee committee shall advise the board on the winding up of loan guarantees made under the loan and credit guarantee program established pursuant to section 15E.224, Code 2009, and on the proper amount of the allocation described in section 15G.111, subsection 4, paragraph “g”.
   Sec. 556.  Section 15.104, subsection 1, Code 2011, is amended by striking the subsection.
   Sec. 557.  Section 15.104, subsection 8, paragraphs b and i, Code 2011, are amended by striking the paragraphs.
   Sec. 558.  Section 15.104, subsection 8, paragraph j, Code 2011, is amended to read as follows:
   j.  Renewable fuel programs.  A detailed accounting of expenditures in support of renewable fuel infrastructure programs, as provided in sections 15G.203 and 15G.204.The renewable fuel infrastructure board established in section 15G.202 shall approve that portion of the department’s annual report regarding projects supported from the grow Iowa values fund created in section 15G.111. This paragraph is repealed on July 1, 2012.
   Sec. 559.  Section 15.327, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Base employment level” means the number of full-time equivalent positions at a business, as established by the department and a business using the business’s payroll records, as of the date a business applies for financial assistance under the program.
   NEW SUBSECTION.  3A.  “County wage” means the average hourly compensation rates, excluding the value of nonwage benefits for comparable jobs, from the most recent four quarters of wage and employment information from the quarterly covered wage and employment data report issued by the department of workforce development.
   NEW SUBSECTION.  7A.  “Full-time equivalent position” means a non-part-time position for the number of hours or days per week considered to be full-time work for the kind of service or work performed for an employer. Typically, a full-time equivalent position requires two thousand eighty hours of work in a calendar year, including all paid holidays, vacations, sick time, and other paid leave.
   NEW SUBSECTION.  7B.  “Maintenance period” means the period of time between the project completion date and maintenance period completion date.
   NEW SUBSECTION.  12A.  “Regional wage” means the average hourly compensation rates, excluding the value of nonwage benefits for comparable jobs, from the most recent four quarters of wage and employment information from the quarterly covered wage and employment data report issued by the department of workforce development.
   Sec. 560.  Section 15.327, subsections 1, 4, 7, 8, 10, 12, and 13, Code 2011, are amended by striking the subsections and inserting in lieu thereof the following:
   1.  “Benefit” means nonwage compensation provided to an employee. Benefits typically include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, disability insurance coverage, and any other nonwage compensation as determined by the board.
   4.  “Created job” means a new, permanent, full-time equivalent position added to a business’s payroll in excess of the business’s base employment level.
   7.  “Fiscal impact ratio” means a ratio calculated by estimating the amount of taxes to be received from a business by the state and dividing the estimate by the estimated cost to the state of providing certain financial incentives to the business, reflecting a ten-year period of taxation and incentives and expressed in terms of current dollars. For purposes of the program,“fiscal impact ratio” does not include taxes received by political subdivisions.
   8.  “Maintenance period completion date” means the date on which the maintenance period ends.
   10.  “Project completion date” means the date by which a recipient of financial assistance has agreed to meet all the terms and obligations contained in an agreement with the department as described in section 15.330.
   12.  “Qualifying wage threshold” means the county wage or the regional wage, as calculated pursuant to subsections 3A and 12A, whichever is lower.
   13.  “Retained job” means a full-time equivalent position, in existence at the time an employer applies for financial assistance which remains continuously filled or authorized to be filled as soon as possible and which is at risk of elimination if the project for which the employer is seeking assistance does not proceed.
   Sec. 561.  Section 15.329, subsection 2, Code 2011, is amended to read as follows:
   2.  A business providing a sufficient package of benefits to each employee holding a created or retained job shall qualify for a credit against the qualifying wage threshold requirements described in subsection 1, paragraph “c”. The credit shall be calculated and applied in the following manner:described in section 15G.112, subsection 4, paragraph “b”.
   a.  By multiplying the qualifying wage threshold of the county in which the business is located by one and three-tenths.
   b.  By multiplying the result of paragraph“a” by one-tenth.
   c.  The amount of the result of paragraph“b” shall be credited against the amount of the one hundred thirty percent qualifying wage threshold requirement that the business is required to meet under subsection 1, paragraph “c”.
   d.  The credit shall not be applied against the one hundred percent of qualifying wage threshold requirement described in subsection 1, paragraph “c”.
   Sec. 562.  Section 15.330, subsection 4, Code 2011, is amended to read as follows:
   4.  A project completion date, a maintenance period completion date, the number of jobs to be created or retained, or certain other terms and obligations described in section 15G.112, subsection 1, paragraph “d” an agreement, as the department deems necessary in order to make the requirements in project agreements uniform. The department, with the approval of the board, may adopt rules as necessary for making such requirements uniform. Such rules shall be in compliance with the provisions of this part and with the provisions of chapter 15G.
   Sec. 563.  Section 15.335A, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Tax incentives are available to eligible businesses as provided in this section. The incentives are based upon the number of jobs created or retained that pay at least one hundred thirty percent of the qualifying wage threshold as computed pursuant to section 15G.112 15.329, subsection 4 1, and the amount of the qualifying investment made according to the following schedule:
   Sec. 564.  Section 15.335A, subsection 2, paragraphs b, c, f, and g, Code 2011, are amended by striking the paragraphs.
   Sec. 565.  Section 15.335A, subsection 5, Code 2011, is amended to read as follows:
   5.  The department shall negotiate the amount of tax incentives provided to an applicant under the program in accordance with this section and section 15G.112, as applicable.
   Sec. 566.  Section 15A.7, subsection 3, Code 2011, is amended to read as follows:
   3.  That the employer shall agree to pay wages for the jobs for which the credit is taken of at least the county wage or the regional wage, as calculatedby the department pursuant to section 15G.112, subsection 3 15.327, subsections 3A and 12A, whichever is lower. Eligibility for the supplemental credit shall be based on a one-time determination of starting wages by the community college.
   Sec. 567.  Section 15E.193, subsection 1, paragraphs b through d, Code 2011, are amended to read as follows:
   b.
  (1)  The business shall provide a sufficient package of benefits to each employee holding a created or retained job. For purposes of this paragraph,“created job” and“retained job”have the same meaning as defined in section 15G.101 15.327.
   (2)  The board, upon the recommendation of the department, shall adopt rules determining what constitutes a sufficient package of benefits.
   c.  The business shall pay a wage that is at least ninety percent of the qualifying wage threshold. For purposes of this paragraph,“qualifying wage threshold” has the same meaning as defined in section 15G.101 15.327.
   d.  Creates or retains at least ten full-time equivalent positions and maintains them until the maintenance period completion date. For purposes of this paragraph,“maintenance period completion date” and“full-time equivalent position” have the same meanings as defined in section 15G.101 15.327.
   Sec. 568.  Section 15E.231, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   In order for an An economic development region to receive moneys under the grow Iowa values financial assistance program established in section 15G.112, an shall establish a regional development plan. An economic development region’s regional development plan must be approved by the department. An economic development region shall consist of not less than three counties, unless two contiguous counties have a combined population of at least three hundred thousand based on the most recent federal decennial census. An economic development region shall establish a focused economic development effort that shall include a regional development plan relating to one or more of the following areas:
   Sec. 569.  Section 15E.232, subsections 1, 3, 4, 5, 6, and 7, Code 2011, are amended by striking the subsections.
   Sec. 570.  Section 15E.351, subsection 1, Code 2011, is amended to read as follows:
   1.  The department shall establish and administer a business accelerator program to provide financial assistance for the establishment and operation of a business accelerator for technology-based, value-added agricultural, information solutions, alternative and renewable energy including the alternative and renewable energy sectors listed in section 476.42, subsection 1, paragraph “a”, or advanced manufacturing start-up businesses or for a satellite of an existing business accelerator. The program shall be designed to foster the accelerated growth of new and existing businesses through the provision of technical assistance. The department, subject to the approval of the economic development board, may provide financial assistance under this section from moneys allocated for regional financial assistance pursuant to section 15G.111, subsection 9.
   Sec. 571.  Section 159A.6B, subsection 2, Code 2011, is amended to read as follows:
   2.  The office may execute contracts in order to provide technical support and outreach services for purposes of assisting and educating interested persons as provided in this section. The office may also contract with a consultant to provide part or all of these services. The office may require that a person receiving assistance pursuant to this section contribute up to fifty percent of the amount required to support the costs of contracting with the consultant to provide assistance to the person. The office shall assist the person in completing any technical information required in order to receive assistance by the department of economic development pursuant to the value-added agriculture component of the grow Iowa values financial assistance program established pursuant to section 15G.112.
   Sec. 572.  Section 455B.104, subsection 2, Code 2011, is amended by striking the subsection.
   Sec. 573.  2010 Iowa Acts, chapter 1184, section 26, is amended to read as follows:
   SEC. 26.GROW IOWA VALUES FUND.
   1.  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for deposit in the grow Iowa values fund, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, notwithstanding section 8.57, subsection 6, paragraph “c”:
.................................................. $ 38,000,000
   2.  On the effective date of this section of this 2011 Iowa Act, any unobligated and unencumbered moneys appropriated in this section and section 27 of this 2010 Iowa Act, shall revert to the general fund of the state. Any repayments of moneys loaned from moneys appropriated in this section and section 27 of this 2010 Iowa Act, and received after the effective date of this 2011 Iowa Act, shall be credited to the general fund of the state.
   Sec. 574.  2010 Iowa Acts, chapter 1184, section 27, is amended to read as follows:
   SEC. 27.  GROW IOWA VALUES FUND APPROPRIATION REDUCTION.
   1.  In lieu of the $50,000,000 appropriated for the fiscal year beginning July 1, 2010, and ending June 30, 2011, from the grow Iowa values fund to the department of economic development pursuant to section 15G.111, subsection 3, there is appropriated from the grow Iowa values fund to the department of economic development for the fiscal year beginning July 1, 2010, and ending June 30, 2011, $38,000,000 for the purposes of making expenditures pursuant to chapter 15G.
   2.  On the effective date of this section of this 2011 Iowa Act, an entity receiving moneys appropriated pursuant to this section, with the exception of moneys allocated pursuant to section 28, subsections 2 and 5, of this 2010 Iowa Act, shall cease obligating or encumbering such moneys.
   Sec. 575.  REPEAL.  Section 15E.233, Code 2011, is repealed.
   Sec. 576.  REPEAL.  Sections 15G.101 and 15G.109 through 15G.115, Code 2011, are repealed.
   Sec. 577.  REPEAL.  Section 266.19, Code 2011, is repealed.
   Sec. 578.  REPEAL.  Section 455B.433, Code 2011, is repealed.
   Sec. 579.  EFFECTIVE DATE.  The provisions of this division of this Act amending 2010 Iowa Acts, chapter 1184, being deemed of immediate importance, take effect upon enactment.

DIVISION LXII

STANDINGS

MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2013-2014
   Sec. 580.  ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2013-2014.  Notwithstanding section 331.439, subsection 3, the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities service expenditures for the fiscal year beginning July 1, 2013, shall be established by statute which shall be enacted within thirty calendar days of the convening of the Eighty-fifth General Assembly, 2013 Session, on January 14, 2013. The governor shall submit to the general assembly a recommendation for such allowed growth factor adjustment and the amounts of related appropriations to the general assembly on or before January 14, 2013.

DIVISION LXIII

STANDINGS

STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2012-2013
   Sec. 581.  BUDGET PROCESS FOR FISCAL YEAR 2013-2014.
   1.  For the budget process applicable to the fiscal year beginning July 1, 2013, on or before October 1, 2012, in lieu of the information specified in section 8.23, subsection 1, unnumbered paragraph 1, and paragraph “a”, all departments and establishments of the government shall transmit to the director of the department of management, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, together with supporting data and explanations as called for by the director of the department of management after consultation with the legislative services agency.
   2.  The estimates of expenditure requirements shall be in a form specified by the director of the department of management, and the expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied by performance measures for evaluating the effectiveness of the programs or results.
   Sec. 582.  LIMITATION OF STANDING APPROPRIATIONS.  

Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the amounts appropriated from the general fund of the state pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For performance of duty by the executive council in sections 7D.29, 8A.321, and 29C.20:
.................................................. $ 38,000,000
   2.  For operational support grants and community cultural grants under section 99F.11, subsection 3, paragraph “d”, subparagraph (1):
.................................................. $    416,702
   3.  For regional tourism marketing under section 99F.11, subsection 3, paragraph “d”, subparagraph (2):
.................................................. $    810,306
   4.  For the center for congenital and inherited disorders central registry under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    171,121
   5.  For primary and secondary child abuse prevention programs under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    217,772
   6.  For programs for at-risk children under section 279.51:
.................................................. $ 10,804,258
   The amount of any reduction in this subsection shall be prorated among the programs specified in section 279.51, subsection 1, paragraphs “a”, “b”, and “c”.
   7.  For payment for nonpublic school transportation under section 285.2:
.................................................. $  7,060,931
   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this subsection, the department of education shall prorate the amount of each approved claim.
   8.  For the enforcement of chapter 453D relating to tobacco product manufacturers under section 453D.8:
.................................................. $     18,416
   Sec. 583.  APPROPRIATION —— FARMERS WITH DISABILITIES.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, for a program for farmers with disabilities:
.................................................. $     82,450
   The moneys appropriated in this section shall be used for the public purpose of providing a grant to a national nonprofit organization with over 80 years of experience in assisting children and adults with disabilities and special needs. The moneys shall be used to support a nationally recognized program that began in 1986 and has been replicated in at least 30 other states, but which is not available through any other entity in this state, and that provides assistance to farmers with disabilities in all 99 counties to allow the farmers to remain in their own homes and be gainfully engaged in farming through provision of agricultural worksite and home modification consultations, peer support services, services to families, information and referral, and equipment loan services. Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 584.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2012-2013.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, for paying instructional support state aid under section 257.20 for fiscal year 2012-2013 is zero.
   Sec. 585.  Section 257.35, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5B.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2012, and ending June 30, 2013, shall be reduced by the department of management by twenty million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.

DIVISION LXIV

STANDINGS

SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2012-2013
   Sec. 586.  BONUS PAY.  For the fiscal years beginning July 1, 2012, and July 1, 2013, employees of the executive branch, judicial branch, and legislative branch shall not receive bonus pay unless otherwise authorized by law, required pursuant to a contract of employment entered into before July 1, 2012, or required pursuant to a collective bargaining agreement. This section does not apply to employees of the state board of regents who receive bonuses funded by nonpublic moneys. For purposes of this section, “bonus pay” means any additional remuneration provided an employee in the form of a bonus, including but not limited to a retention bonus, recruitment bonus, exceptional job performance pay, extraordinary job performance pay, exceptional performance pay, extraordinary duty pay, or extraordinary or special duty pay, and any extra benefit not otherwise provided to other similarly situated employees.
   Sec. 587.  SALARY INCREASES —— CERTAIN REVOLVING FUNDS.
   1.  For the fiscal years beginning July 1, 2012, and July 1, 2013, there is appropriated from the gaming enforcement revolving fund an amount necessary for funding annual pay adjustments and related benefits for agents and officers of the division of criminal investigation’s racetrack, excursion boat, or gambling structure enforcement activities. Moneys appropriated pursuant to this subsection shall be in addition to and supplement other appropriations from the fund.
   2.  For the fiscal years beginning July 1, 2012, and July 1, 2013, there is appropriated from the gaming regulatory revolving fund, if enacted by the Eighty-fourth General Assembly, 2011 or 2012 session, an amount necessary for funding annual pay adjustments and related benefits for positions in the racing and gaming commission of the department of inspections and appeals who are assigned to administration and enforcement of the excursion boat and gambling structure laws. Moneys appropriated pursuant to this subsection shall be in addition to and supplement other appropriations from the fund.
   Sec. 588.  STATE TROOPER MEAL ALLOWANCE.  For the fiscal years beginning July 1, 2012, and July 1, 2013, the sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement negotiated pursuant to chapter 20 shall receive the same per diem meal allowance as the sworn peace officers in the department of public safety who are covered by a collective bargaining agreement negotiated pursuant to chapter 20.
   Sec. 589.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.

DIVISION LXV

STANDINGS

SALES TAX REVENUES —— TRANSFERS
   Sec. 590.  Section 423E.4, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The moneys credited in a fiscal year to the secure an advanced vision for education fund shall, following the transfer required under section 423F.2, subsection 3, paragraph “a”, be distributed as follows:
   Sec. 591.  Section 423E.4, subsection 2, paragraph b, subparagraphs (3) and (4), Code 2011, are amended to read as follows:
   (3)  “Statewide tax revenues per student” means the amount determined by estimating the total revenues that would be generated by a one percent local option sales and services tax for school infrastructure purposes if imposed by all the counties during the entire fiscal year, minus the amount required to be transferred under section 423F.2, subsection 3, paragraph “a”, and dividing this estimated revenue amount by the sum of the combined actual enrollment for all counties as determined in section 423E.3, subsection 3, paragraph “a”, subparagraph (2).
   (4)  “Supplemental school infrastructure amount” means the guaranteed school infrastructure amount for the school district less its pro rata share, following the required transfer of revenues from the secure an advanced vision for education fund under section 423F.2, subsection 3, paragraph “a”, of local sales and services tax for school infrastructure purposes as provided in section 423E.3, subsection 3, paragraph “a”.
   Sec. 592.  Section 423F.2, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  The increase in the state sales, services, and use taxes under chapter 423, subchapters II and III, from five percent to six percent shall replace the repeal of the county’s local sales and services tax for school infrastructure purposes. The distribution of moneys in the secure an advanced vision for education fund, following the transfer under subsection 3, paragraph “a”, and the use of the moneys for infrastructure purposes or property tax relief shall be as provided in this chapter. However, the formula for the distribution of the moneys in the fund shall be based upon amounts that would have been received if the local sales and services taxes under former chapter 423E, Code and Code Supplement 2007, continued in existence.
   Sec. 593.  Section 423F.2, subsection 3, Code 2011, is amended to read as follows:
   3.
  a.  For the fiscal year beginning July 1, 2011, and each fiscal year thereafter, and prior to any distribution of moneys for the purposes under paragraph “b”, there is transferred to the property tax equity and relief fund from state sales, services, and use tax revenues collected and deposited in the secure an advanced vision for education fund during the fiscal year for which the transfer is made an amount equal to twenty-five million dollars minus the amount credited to the property tax equity and relief fund under paragraph“b” for use in the fiscal year for which the transfer is made if such amount credited to the fund under paragraph“b” for use in the fiscal year for which the transfer is made is less than twenty-five million dollars.
   b.  The moneys available in a fiscal year in the secure an advanced vision for education fund, following the transfer of such amounts required under paragraph “a”, shall be distributed by the department of revenue to each school district in an amount equal to the amount the school district would have received pursuant to the formula in section 423E.4 as if the local sales and services tax for school infrastructure purposes was imposed. Moneys in a fiscal year that are in excess of that needed to provide each school district with its formula amount shall be distributed and credited to the property tax equity and relief fund created in section 257.16A.

DIVISION LXVI

STANDINGS

REGULAR PROGRAM AND CATEGORICAL STATE PERCENT 

OF GROWTH FOR EDUCATION —— FY 2012-2013
   Sec. 594.  Section 257.8, subsection 1, Code 2011, is amended to read as follows:
   1.  State percent of growth.  The state percent of growth for the budget year beginning July 1, 2009, is four percent. The state percent of growth for the budget year beginning July 1, 2010, is two percent. The state percent of growth for the budget year beginning July 1, 2012, is two percent. The state percent of growth for each subsequent budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the state percent of growth for a budget year shall be the only subject matter of the bill which enacts the state percent of growth for a budget year.
   Sec. 595.  Section 257.8, subsection 2, Code 2011, is amended to read as follows:
   2.  Categorical state percent of growth.  The categorical state percent of growth for the budget year beginning July 1, 2010, is two percent.  The categorical state percent of growth for the budget year beginning July 1, 2012, is two percent. The categorical state percent of growth for each budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the categorical state percent of growth for a budget year shall be the only subject matter of the bill which enacts the categorical state percent of growth for a budget year. The categorical state percent of growth may include state percents of growth for the teacher salary supplement, the professional development supplement, and the early intervention supplement.
   Sec. 596.  CODE SECTION 257.8 —— APPLICABILITY.  The requirements of section 257.8 regarding the time period of enactment and the subject matter of the legislation establishing the state percent of growth and the categorical state percent of growth for a budget year are not applicable to the division. The requirements of section 257.8 regarding enactment of the regular program state percent of growth and categorical state percent of growth within thirty days of the submission in the year preceding the base year of the governor’s budget and the requirements that the subject matter of each bill establishing the state percent of growth or the categorical state percent of growth be the only subject matter of the bill do not apply to this division of this Act.
   Sec. 597.  APPLICABILITY.  This division of this Act is applicable for computing state aid under the state school foundation program for the school budget year beginning July 1, 2012.

DIVISION LXVII

APPROPRIATION TRANSFERS

REBUILD IOWA INFRASTRUCTURE FUND
   Sec. 598.  2010 Iowa Acts, chapter 1184, section 26, is amended to read as follows:
   SEC. 26.
  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for deposit in the grow Iowa values fund, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, notwithstanding section 8.57, subsection 6, paragraph “c”:
.................................................. $ 38,000,000
   Of the moneys appropriated in this section, from the amount allocated to the department of economic development in accordance with 2010 Iowa Acts, chapter 1184, section 28, subsection 1, $1,200,000 shall be used for the department’s Iowans helping Iowans business assistance program. Notwithstanding section 8.33, moneys designated pursuant to this unnumbered paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

CASH RESERVE FUND
   Sec. 599.  2010 Iowa Acts, chapter 1193, section 90, subsection 1, is amended to read as follows:
   1.  DEPARTMENT OF HUMAN SERVICES
   For the medical assistance program:
.................................................. $187,800,000
   a.  Of the moneys appropriated in this subsection, the following amounts shall be transferred as follows:
   (1)  To the Iowa finance authority to be used for the Iowans helping Iowans housing assistance program:
.................................................. $  6,050,000
   (2)  To the department of human services to be used for the unmet needs program administered by the department:
.................................................. $  3,056,603
   b.  Notwithstanding section 8.33, moneys transferred pursuant to paragraph “a” that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   Sec. 600.  EFFECTIVE DATE —— APPLICABILITY.
   1.  This division of this Act being deemed of immediate importance takes effect upon enactment.
   2.  The provisions of this division of this Act providing for transfers are retroactively applicable to August 27, 2010, and apply in lieu of the transfers made for the same purposes by the executive branch, as reported by the department of management in the transfer notice to the governor and lieutenant governor dated August 27, 2010.

DIVISION LXVIII

TAXATION
   Sec. 601.  TAXATION.  It is the intent of the general assembly to address the issues of property taxation and income taxation during the 2011 legislative session.

DIVISION LXIX

CONDITIONAL RETROACTIVE APPLICABILITY
   Sec. 602.  RETROACTIVE APPLICABILITY.  Unless otherwise provided, this Act, if approved by the governor after July 1, 2011, shall apply retroactively to July 1, 2011.
EXPLANATION
   ADMINISTRATION AND REGULATION —— FY 2011-2012. This division of the bill relates to and appropriates moneys to various state departments, agencies, and funds for the fiscal year beginning July 1, 2011, and ending June 30, 2012. The division makes appropriations to state departments and agencies including the department of administrative services, auditor of state, Iowa ethics and campaign disclosure board, department of commerce, offices of governor and lieutenant governor, the governor’s office of drug control policy, department of human rights, department of inspections and appeals, department of management, department of revenue, secretary of state, treasurer of state, and Iowa public employees’ retirement system.
   The division appropriates moneys from the IowAccess revolving fund to the office of the secretary of state for costs associated with decennial redistricting for the fiscal year beginning July 1, 2011, and ending June 30, 2012.
   The division directs the auditor of state to allocate resources from amounts appropriated in the bill solely for audit work related to the comprehensive annual financial report, federally required audits, and investigations of embezzlement, theft, or other significant financial irregularities until the audit of the comprehensive annual financial report is complete.
   The division allocates a portion of moneys appropriated to the alcoholic beverages division to establish and implement a web-based alcohol compliance employee training program for alcoholic beverage sales personnel. 
   The division appropriates moneys to the utilities division of the department of commerce for implementation of legislation relating to the permitting, licensing, construction, and operation of nuclear generation facilities and establishing rate-making principles in relation thereto, if enacted during the 2011 legislative session.
   The division authorizes not more than 2.00 FTEs for the investigations division of the department of inspections and appeals to be used to implement specified provisions of Senate File 313 or successor legislation relating to debt setoff or other recovery activities for nonpayment of premiums.
   The division directs the department of administrative services to disconnect electricity to the heated sidewalk installed in the entry walkway on the East side of the state capitol building, and not to reconnect the electricity without the authorization of the general assembly.
   The division eliminates provisions relating to state purchases of recycled and soybean-based products, and reporting requirements related thereto.
   The division modifies provisions relating to the awarding of state construction contracts to provide for disclosure to the state agency awarding the contract the names of all subcontractors and suppliers, and modifies related requirements.
   The division modifies a provision relating to the leasing of building and office space by the department of administrative services at the seat of government to refer to buildings and office space wherever located throughout the state, and provides that the director of the department shall develop cooperative relationships with the state board of regents in order to promote colocation of state agencies. The division specifies implementation provisions relating to these modifications.
   The division requires the department of administrative services to implement a request for proposals by September 30, 2011, to enter into a contract for the purpose of renting or leasing state passenger vehicles, as defined in the division, from a private entity with sufficient inventory and personnel to accommodate the needs of the state. The division provides that by March 1, 2012, the department shall award a contract for rental or leasing to the private entity, and assign passenger vehicles for rental or lease, to the extent the department determines doing so would be economically feasible and financially advantageous. If a contract is entered into, the division states that all state-assigned passenger vehicles located in any county which can support the operation of a rental and leasing entity, which the department determines would be suitable for rental or leasing, shall be returned to the department for sale or disposal by the private entity. The division absolves the private entity from liability to a third party due to negligence on the part of the state or its employees, and requires the department to evaluate the economic advantages of state ownership versus rental or leasing and adjust the number of vehicles subject to the contract accordingly. The division makes conforming changes consistent with these provisions, and eliminates Code section 8A.362, subsection 5, which requires that a minimum of 10 percent of new state-owned passenger vehicles and light pickup trucks shall be equipped with engines which utilize specified alternative methods of propulsion.
   The division directs the department of administrative services to develop and maintain an electronic travel authorization form to be used for any executive branch employee’s reimbursable travel, conference, or related expenditures associated with the employee’s official duties, and a searchable database available on the department’s internet site containing specified travel-related information. The division states that a claim for reimbursement for any travel, conference, or related expenditures shall only be allowed after the electronic travel authorization form is approved by the head of the employee’s department, and the request for reimbursement is submitted by the employee on the appropriate form with required approvals. “Executive branch employee” is defined as an employee of the executive branch as defined in Code section 7D.2, other than a member or employee of the state board of regents and institutions under the control of the state board of regents. The division specifies implementation provisions relating to these modifications.
   The division adds to a definition of “data processing software” contained in Code section 22.3A, subsection 1, paragraph “e”, associated documentation in relation to an operating system, compiler, assembler, utility, library resource, maintenance routine, application, or computer networking program.
   The division adds to a provision relating to providing notice of a breach of security contained in Code section 715C.2, subsection 1, that notice shall also be provided to the attorney general as to the timing, content, and distribution of the notice to consumers and an approximate number of affected consumers.
   The division establishes a new gaming regulatory revolving fund in the state treasury under the control of the department of inspections and appeals, consisting of fees collected and deposited into the fund paid by pari-mutuel wagering licensees pursuant to Code section 99D.14, subsection 2, paragraph “b”, and fees paid by gambling boat and racetrack licensees pursuant to Code section 99F.10, subsection 4, paragraph “b”. The division specifies that all costs relating to racetrack, excursion boat, and gambling structure regulation shall be paid from the fund as provided in appropriations made for this purpose by the general assembly. The division makes conforming Code modifications consistent with this provision. The division additionally provides reporting requirements and billing estimate requirements regarding the revolving fund, and states that the establishment of the revolving fund shall not be interpreted in any manner to compromise or impact the accountability of, and limitation of authority with respect to, the department under state law. The bill adds similar requirements in relation to the department of commerce revolving fund established in Code section 546.12.
   The division transfers moneys transferred pursuant to 2009 Iowa Acts, chapter 169, section 4, subsection 2, that remain unencumbered or unobligated on July 1, 2011, to the taxpayers trust fund created in Code section 8.57E.
   The division provides for the nonreversion of moneys appropriated in 2010 Iowa Acts, Senate File 2088, division I, until the close of the fiscal year ending June 30, 2012.
   The division modifies provisions enacted in 2011 Iowa Acts, House File 45, section 8, relating to the sale or lease of the Iowa communications network, to extend the date by which the sale is to be concluded or the lease commenced from during the fiscal year beginning July 1, 2011, to July 1, 2012. The division further specifies that these provisions shall be deemed to satisfy the statutory requirement specified in Code section 8D.12 regarding prior authorization to dispose of the network.
   The bill repeals a sunset provision enacted during the 2009 legislative session applicable to the department of commerce revolving fund established in Code section 546.12. The sunset provision currently repeals the Code section effective July 1, 2011.
   The division provides that the sections of the division relating to disconnecting electricity to the specified Capitol building sidewalk, providing implementation provisions regarding leasing authority of the department of administrative services and executive branch employee travel and travel reimbursement, and relating to nonreversion of moneys appropriated to the department of administrative services for implementation of 2010 Iowa Acts, chapter 1031, division I, take effect upon enactment.
   ADMINISTRATION AND REGULATION —— FY 2012-2013. This division of the bill relates to and appropriates moneys to various state departments, agencies, and funds for the fiscal year beginning July 1, 2012, and ending June 30, 2013. The division makes appropriations to state departments and agencies including the department of administrative services, auditor of state, Iowa ethics and campaign disclosure board, department of commerce, offices of governor and lieutenant governor, the governor’s office of drug control policy, department of human rights, department of inspections and appeals, department of management, department of revenue, secretary of state, treasurer of state, and Iowa public employees’ retirement system.
   AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— GENERAL APPROPRIATIONS FOR FY 2011-2012. The division appropriates moneys to the department of agriculture and land stewardship from the general fund of the state and other revenues including those deposited in the renewable fuel infrastructure fund, in order to support the department and its programs for FY 2011-2012.
   AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF NATURAL RESOURCES —— GENERAL APPROPRIATIONS FOR FY 2011-2012. The division appropriates moneys to the department of natural resources from the general fund of the state and other revenues including those deposited into the state fish and game protection fund, the groundwater protection fund, the snowmobile fund, and the unassigned revenue fund, in order to support the department and its programs for FY 2011-2012. 
   AGRICULTURE AND NATURAL RESOURCES —— IOWA STATE UNIVERSITY APPROPRIATION FOR FY 2011-2012. The division appropriates moneys to Iowa state university from the general fund of the state for the operation of the Iowa state university’s veterinary diagnostic laboratory for FY 2011-2012.
   AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND —— GENERAL APPROPRIATIONS FOR FY 2011-2012. The division appropriates moneys to the department of agriculture and land stewardship and the department of natural resources from the environment first fund in order to support a number of programs and dedicated funds related to conservation, natural resources, and local foods administered by the departments or other entities, for FY 2011-2012. 
   AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE RESOURCES ENHANCEMENT AND PROTECTION (REAP) FUND FOR FY 2011-2012. The division appropriates moneys from the environment first fund to the resources enhancement and protection fund to support a number of natural resources and conservation programs for FY 2011-2012. The appropriation is made in lieu of the $20 million appropriated to the resources enhancement and protection fund by Code section 455A.18 from the general fund of the state.
   AGRICULTURE AND NATURAL RESOURCES —— RELATED MISCELLANEOUS PROVISIONS FOR FY 2011-2012. The division requires the department of agriculture and land stewardship report on agricultural drainage well closings.
   AGRICULTURE AND NATURAL RESOURCES —— RELATED STATUTORY CHANGES FOR CODIFICATIONS IN 2011 —— LOCAL FOOD AND FARM INITIATIVE. The division establishes an initiative related to the production, processing, and marketing of local foods. The initiative is administered by a local food and farm program coordinator established within the department of agriculture and land stewardship but stationed at Iowa state university as part of its cooperative extension service in agriculture and home economics.
   AGRICULTURE AND NATURAL RESOURCES —— RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— SPECIAL FUNDS. The division amends statutory provisions which allocate moneys from the groundwater protection fund for community beautification projects. The division also amends statutory provisions which allow the department of natural resources and the department of agriculture and land stewardship to retain moneys appropriated each year from the Iowa comprehensive petroleum underground storage tank fund. The division takes effect upon enactment.
   AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— GENERAL APPROPRIATIONS FOR FY 2012-2013. The division appropriates moneys to the department of agriculture and land stewardship from the general fund of the state and other revenues including those deposited in the renewable fuel infrastructure fund, in order to support the department and its programs for FY 2012-2013.
   AGRICULTURE AND NATURAL RESOURCES —— DEPARTMENT OF NATURAL RESOURCES —— GENERAL APPROPRIATIONS FOR FY 2012-2013. The division appropriates moneys to the department of natural resources from the general fund of the state and other revenues including those deposited into the state fish and game protection fund, the groundwater protection fund, the snowmobile fund, and the unassigned revenue fund, in order to support the department and its programs for FY 2012-2013.
   AGRICULTURE AND NATURAL RESOURCES —— STATE UNIVERSITIES —— APPROPRIATIONS FOR FY 2012-2013. The division appropriates moneys to Iowa state university from the general fund of the state for the operation of the Iowa state university’s veterinary diagnostic laboratory for FY 2012-2013, and to the university of Iowa to support the Iowa flood center for the same fiscal year.
   AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND —— APPROPRIATIONS FOR FY 2012-2013. The division appropriates moneys to the department of agriculture and land stewardship and the department of natural resources from the environment first fund in order to support a number of programs and dedicated funds related to conservation, natural resources, and local foods, administered by the departments or other entities for FY 2012-2013. 
   AGRICULTURE AND NATURAL RESOURCES —— ENVIRONMENT FIRST FUND —— APPROPRIATION TO THE RESOURCES ENHANCEMENT AND PROTECTION (REAP) FUND FOR FY 2012-2013. The division appropriates moneys from the environment first fund to the resources enhancement and protection fund to support a number of natural resources and conservation programs for FY 2012-2013. The appropriation is made in lieu of the $20 million appropriated to the resources enhancement and protection fund by Code section 455A.18 from the general fund of the state.
   ECONOMIC DEVELOPMENT —— FY 2011-2012. The division makes appropriations and transfers from the general fund of the state and other funds to the department of cultural affairs, the department of economic development, the university of northern Iowa, the university of Iowa, Iowa state university, the department of workforce development, the Iowa finance authority, and the public employment relations board for the 2011-2012 fiscal year.
   The division provides certain goals for the department of economic development.
   The division authorizes an additional 2.25 FTEs for the department of economic development for purposes of administrative duties related to the vision Iowa program.
   The division transfers moneys collected by the division of insurance in excess of the anticipated gross revenues to the department of economic development for purposes of insurance economic development and international insurance economic development.
   The division appropriates moneys from the Iowa community development loan fund to the department of economic development for purposes of the community development program.
   The division appropriates moneys from the workforce development fund account to the workforce development fund.
   The division provides that moneys appropriated or transferred to or receipts credited to the workforce development fund are appropriated to the department of economic development for administration of workforce development activities.
   The division provides that all moneys in the job training fund on July 1, 2011, and any moneys appropriated or credited to the fund during the fiscal year beginning July 1, 2011, shall be transferred to the workforce development fund.
   The division requires the department of economic development to compile and submit by January 1, 2012, a report on all expenditures made during the previous fiscal year for purposes of green initiatives, sustainability programs, and all such similar efforts.
   The division requires the state board of regents to submit a report on the progress of regents institutions in meeting the strategic plan for technology transfer and economic development.
   The division requires the auditor of state to conduct an audit of the department of workforce development.
   The division appropriates moneys from the special employment security contingency fund to the department of workforce development for the division of workers’ compensation and for field offices.
   The division appropriates interest earned on the unemployment compensation reserve fund to the department of workforce development for the operation of field offices.
   The division appropriates moneys to the department of workforce development for an employee misclassification program.
   The division restricts the department of workforce development from using any appropriations for purposes of the national career readiness program.
   The division appropriates moneys to the Iowa finance authority for purposes of providing reimbursement for rent expenses under the rent subsidy program.
   The division appropriates moneys from moneys credited to the state by the secretary of the treasury of the United States pursuant to the Social Security Act to the department of workforce development for the administration of the unemployment compensation program only.
   ECONOMIC DEVELOPMENT —— FY 2012-2013. The division makes appropriations and transfers from the general fund of the state and other funds to the department of cultural affairs, the department of economic development, the university of northern Iowa, the university of Iowa, Iowa state university, the department of workforce development, the Iowa finance authority, and the public employment relations board for the 2012-2013 fiscal year.
   ECONOMIC DEVELOPMENT —— AGENCY APPEARANCES. The division requires the directors of the Iowa finance authority and the department of economic development, or their designees, to annually appear before the joint appropriations subcommittee on economic development.
   EDUCATION —— FY 2011-2012. This division of this bill appropriates moneys for fiscal year 2011-2012 from the general fund of the state to the college student aid commission, the department for the blind, the department of education, and the state board of regents and its institutions.
   The division appropriates to the department for the blind for its administration.
   The division includes appropriations to the college student aid commission for general administrative purposes, student aid programs, loan forgiveness for health care professionals, the national guard educational assistance program, the teacher shortage loan forgiveness program, the all Iowa opportunity foster care grant and scholarship programs, the registered nurse loan and nurse educator forgiveness program, and the barber and cosmetology arts and sciences tuition grant program.
   The division replaces the osteopathic physician recruitment program with a health care professionals recruitment program, and eliminates the osteopathic forgivable loan program, the match requirement under the program for Des Moines university, and the osteopathic tuition scholarship.
   The division reduces the standing appropriations for Iowa tuition grants for students attending for-profit institutions, and provides that a for-profit institution which, effective January 8, 2010, purchased an accredited nonprofit private institution, Waldorf College, shall be an eligible institution under the tuition grant program. The division notwithstands the $2.75 million standing appropriation for the Iowa work-study program and provides that the amount appropriated for fiscal year 2011-2012 is zero.
   The division appropriates moneys to the department of education for purposes of the department’s general administration, vocational education administration, division of vocational rehabilitation services including independent living and the entrepreneurs with disabilities program and independent living centers, state library for general administration and the enrich Iowa program, library service area system, public broadcasting division, regional telecommunications councils, vocational education to secondary schools, school food service, early childhood Iowa fund, expansion of the federal Individuals with Disabilities Education Improvement Act birth through age three services, textbooks for nonpublic school pupils, the beginning administrator mentoring and induction program, the student achievement and teacher quality program, jobs for America’s graduates specialists, and community colleges. 
   The division reduces the school aid formula weighting for the statewide preschool program for four-year-old children from 60 percent to 30 percent of the actual enrollment of eligible students. This provision takes effect upon enactment, and applies to budget years beginning on or after that date.
   The division limits the amount of preschool foundation aid that a school district may use for administration of its approved preschool program to not more than 5 percent.
   From the appropriation made to the department of education for the 2010-2011 fiscal year for purposes of the student achievement and teacher quality program, the division transfers specified amounts for purposes of vocational education administration, reimbursement for vocational education expenditures to secondary schools, and school food service for the 2010-2011 fiscal year, and provides that the transfer provision takes effect upon enactment.
   The division amends statute to provide that of the state funding that an early childhood Iowa area board designates of family support programs, at least 60 percent shall be committed to programs with a home visitation component. Current Code requires 60 percent of all funding from all sources be used for programs with a home visitation component. The division also amends statute to change the allocations under the student achievement and teacher quality program, and to strike the allocation for teacher development academies.
   The division changes the allocations under the student achievement and teacher quality program, and strikes the allocation for teacher development academies.
   The division amends statute to permit children to qualify for school district home school assistance programs if they are school age, rather than compulsory attendance age. The division also requires school districts to expend moneys received from weighted enrollment of children receiving competent private instruction at home on home school assistance programs and broadens the acceptable uses of the state assistance school districts receive from additional weighting for students receiving competent private instruction from a licensed practitioner provided through a public school district. Funds received for purposes of providing a program, under the division, may be used for instructing students; for equipment or facility acquisition, including the lease or rental of space to supplement existing schoolhouse facilities; and for operational, maintenance, or administrative costs other than those costs necessary to operate, maintain, and administer the program.
   The division appropriates moneys to the state board of regents for the board office, universities’ general operating budgets; the southwest Iowa graduate studies center; the siouxland interstate metropolitan planning council; the quad-cities graduate studies center; Iowa public radio; the state university of Iowa; Iowa state university of science and technology; the university of northern Iowa; and for the Iowa school for the deaf and the Iowa braille and sight saving school, including tuition and transportation costs for students residing in the schools and licensed classroom teachers.
   The division also requires the department of administrative services to pay the state school for the deaf and the Iowa braille and sight saving school moneys collected from counties for expenses related to prescription drug costs for students attending the schools.
   The division allows the state board of regents to use indebtedness to finance certain projects resulting in energy savings.
   EDUCATION —— FY 2012-2013. This division of the bill appropriates moneys for fiscal year 2012-2013 from the general fund of the state to the college student aid commission, the department for the blind, the department of education, and the state board of regents and its institutions.
   EDUCATION —— MIDWESTERN HIGHER EDUCATION COMPACT. This division appropriates moneys for fiscal years 2010-2011, 2011-2012, and 2012-2013 from the general fund of the state to the state board of regents for distribution to the midwestern high education compact to pay Iowa’s member state annual obligation. The division repeals Code section 261D.4 regarding the annual payment of dues for membership in the midwestern higher education compact. The division takes effect upon enactment, and if approved by the governor on or after July 1, 2011, applies retroactively to June 30, 2011.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT ON AGING —— FY 2011-2012. This division appropriates funding from the general fund of the state for the department on aging.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF PUBLIC HEALTH —— FY 2011-2012. This division appropriates funding from the general fund of the state for the department of public health.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF VETERANS AFFAIRS —— FY 2011-2012. This division appropriates funding from the general fund of the state for the department of veterans affairs.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF HUMAN SERVICES —— FY 2011-2012. The division appropriates funding from the general fund of the state and the federal temporary assistance for needy families block grant to the department of human services. The allocation for the family development and self-sufficiency grant program is made directly to the department of human rights.
   An appropriation is made from the health care trust fund for the medical assistance (Medicaid) program in addition to the general fund appropriation made for this purpose.
   The reimbursement section addresses reimbursement for providers reimbursed by the department of human services.
   HEALTH AND HUMAN SERVICES —— PHARMACEUTICAL SETTLEMENT ACCOUNT, IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, QUALITY ASSURANCE TRUST FUND, AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2011-2012. This division makes appropriations for fiscal year 2011-2012. The appropriation to the department of inspections and appeals is made from the Medicaid fraud account.
   The division makes an appropriation from the pharmaceutical settlement account to the department of human services to supplement the medical contracts appropriation.
   The division makes appropriations from the IowaCare account to the state board of regents for distribution to the university of Iowa hospitals and clinics and to the department of human services for distribution to a publicly owned acute care teaching hospital in a county with a population over 350,000 related to the IowaCare program and indigent care. The division also makes appropriations from the IowaCare account to the department of human services for distribution to the regional provider network, a care coordination pool, and a laboratory test and radiology pool. The division makes an appropriation from the nonparticipating provider reimbursement fund to reimburse nonparticipating providers under the IowaCare program. The division makes an appropriation to the department of human services from the health care transformation account for various health care reform initiatives.
   Appropriations are made to supplement the Medicaid program from the following funds:  quality assurance trust fund, Medicaid fraud account, and hospital health care access trust fund.
   The division provides that if the total amount appropriated from all sources for the medical assistance program for fiscal year 2011-2012 exceeds the amount needed, the excess remains available to be used for the program in the succeeding fiscal year.
   HEALTH AND HUMAN SERVICES —— MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FISCAL YEAR 2011-2012. This division allocates the appropriation made in 2010 Iowa Acts, chapter 1193, for distribution to counties for adult mental illness, mental retardation, and developmental disabilities services allowed growth for fiscal year 2011-2012.
   The standing appropriation from the general fund of the state of $88.4 million for purposes of the property tax relief fund in Code section 426B.1 is reduced to approximately $81.2 million for FY 2011-2012.
   HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND RELATED PROVISIONS —— FY 2011-2012. This division addresses previous appropriations and related provisions.
   Code section 35A.8A, relating to Vietnam conflict veterans bonus compensation, is amended to change the application deadline from July 1, 2010, to May 1, 2011. This change is retroactive to July 1, 2010.
   New Code section 16.185 creates the community housing for persons with disabilities loan program fund under the Iowa finance authority.
   An appropriation originally enacted in 2008 Iowa Acts, chapter 1187, section 68, for the Vietnam conflict veterans bonus fund, is amended to provide that upon repeal of the bonus fund on June 30, 2011, the balance is transferred to the veterans trust fund to be expended at a later date for a bonus enacted for veterans of more recent conflicts.
   An existing nonreversion clause for purposes of the appropriation made for the injured veterans grant program in 2008 Iowa Acts, chapter 1187, section 69, is extended through FY 2011-2012.
   A provision in 2009 Iowa Acts, chapter 182, section 9, requiring the department of human services to maintain a behavioral health account, is amended so that unused funds do not revert but are retained to be used for crisis stabilization and other mental and behavioral health service improvements.
   Unused funds remaining from the allocation made in 2009 Iowa Acts, chapter 182, section 14, for the child welfare decategorization projects are transferred to the community housing for persons with disabilities loan program created in the Act.
   The requirements for an allocation made in 2009 Iowa Acts, chapter 183, section 62, for infant and toddler care quality, are revised.
   Requirements in 2010 Iowa Acts, chapter 1192, sections 1 and 37, for quarterly review of reimbursement provisions for case management services under the Medicaid program elderly waiver, are deleted.
   Funds remaining from the appropriation made in 2010 Iowa Acts, chapter 1192, section 3, for the Iowa veterans home are subject to a nonreversion clause under Code section 35D.18. The bill provides for the first $500,000 to be used for the Iowa veterans home in the succeeding fiscal year and the remainder to be transferred to the department of human services to be used for the Medicaid program.
   The appropriation made for the Medicaid program in 2010 Iowa Acts, chapter 1192, section 11, is amended to allow the department of human services to increase the amounts allocated for staffing as necessary to implement cost containment efforts to accomplish Medicaid program savings.
   Moneys from the general fund of the state are appropriated for FY 2010-2011 to be credited to the injured veterans trust fund to be used for the injured veterans grant program. The moneys appropriated from the general fund do not revert.
   A nonreversion clause is provided for the appropriation made for the state supplementary assistance program in 2010 Iowa Acts, chapter 1192, section 14.
   Sixty thousand dollars of the appropriation made for adoption subsidy for FY 2010-2011 is transferred to the state mental health institute at Cherokee to be used for children’s beds.
   The appropriation made from the quality assurance fund in 2010 Iowa Acts, chapter 1192, section 44, for the Medicaid program, is increased.
   An appropriation made from the merchant marine bonus fund to the department of cultural affairs for FY 2010-2011 is transferred to the department of veterans affairs on the effective date of the provision. Transferred moneys remaining at the close of the fiscal year are required to be credited to the veterans trust fund.
   A portion of appropriations made to the department of human services for FY 2010-2011 for the state resource center at Glenwood is transferred to the Iowa juvenile home appropriation and for the state resource center at Woodward is transferred to the state mental health institute at Independence. This provision is retroactively applicable to January 1, 2012.
   The division directs the department of human services to not amend the medical assistance waiver for the Iowa family planning network as provided in 2010 Iowa Acts, chapter 1192, and instead to continue the waiver as it exists on July 1, 2011, and to only increase the eligibility percentage to the minimum extent necessary to comply with federal maintenance of effort requirements.
   For the period of June 1, 2010, and ending June 30, 2011, a child welfare funding decategorization project that is incorporated and owns real property may utilize project funding to purchase liability insurance. This provision applies retroactively to June 1, 2010.
   If an accountable health care organization is certified by the U.S. government, the department of human services may provide certain Medicaid data to the organization for purposes of a pilot project to identify cost savings strategies.
   The division takes effect upon enactment and if approved by the governor on or after July 1, 2011, applies retroactively to June 30, 2011.
   HEALTH AND HUMAN SERVICES —— PREVENTION AND CHRONIC CARE MANAGEMENT. This division repeals the state initiative for prevention and chronic care management in Code section 135.161, directs that the initiative be incorporated into the duties of the medical home system advisory council, and makes conforming amendments.
   HEALTH AND HUMAN SERVICES —— MISCELLANEOUS —— FY 2011-2012.  This division provides miscellaneous statutory provisions.
   Code section 29C.20B, relating to disaster case management, is amended to transfer administrative responsibility from the department of human services to the homeland security and emergency management division.
   Code section 135.106, establishing the healthy opportunities for parents to experience success (HOPES) – healthy families Iowa (HFI) program, is amended to provide legislative intent that the priority for home visitation funding be given to approaches using evidence-based or promising models for home visitation.
   Code section 147.136, relating to the scope of recovery in legal actions for personal injury against a health care provider, is amended to provide that recovery of economic losses replaced by the Medicaid program is not barred.
   Code section 155A.43 is enacted to provide an annual allocation of fees collected by the board of pharmacy to administer the pharmaceutical collection and disposal program.
   Code section 225B.8, relating to the sunset repeal date for the prevention of disabilities planning council, is amended to change the date from July 1, 2011, to July 1, 2012.
   The nonreversion clause in Code section 232.188 applicable to carryover funding under the decategorization of child welfare funding initiative, is extended for an additional fiscal year.
   Code section 249A.4B is amended to update the name of the Iowa primary care association.
   Code section 135.27A, the governor council on physical fitness and nutrition, is repealed December 31, 2011.
   HEALTH AND HUMAN SERVICES —— MEDICAID PRESCRIPTION DRUGS. This division relates to coverage of prescription drugs under the Medicaid program which are prescribed for mental illness.
   The division takes effect upon enactment and applies retroactively to January 1, 2011.
   HEALTH AND HUMAN SERVICES —— IOWA FALSE CLAIMS ACT. This division includes various amendments to the false claims Act in Code chapter 685.
   HEALTH AND HUMAN SERVICES —— VOLUNTEER HEALTH CARE PROVIDER PROGRAM. This division amends Code section 135.24, relating to the volunteer health care provider program and immunity from civil liability under the program.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT ON AGING —— FY 2012-2013. This division appropriates funding from the general fund of the state for the department on aging.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013. This division appropriates funding from the general fund of the state for the department of public health.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013. This division appropriates funding from the general fund of the state for the department of veterans affairs.
   HEALTH AND HUMAN SERVICES —— DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013. This division appropriates funding from the general fund of the state for the department of human services.
   HEALTH AND HUMAN SERVICES —— PHARMACEUTICAL SETTLEMENT ACCOUNT, IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, QUALITY ASSURANCE TRUST FUND, AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013. This division appropriates funding from various funds and accounts for purposes of health and human services.
   HEALTH AND HUMAN SERVICES —— MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FISCAL YEAR 2012-2013. This division appropriates and distributes funding to counties for adult mental health, mental retardation, and developmental disabilities allowed growth for FY 2012-2013.
   JUSTICE SYSTEM —— FY 2011-2012. The division makes appropriations from the general fund of the state for fiscal year 2011-2012 to the departments of justice, corrections, public defense, and public safety, and the Iowa law enforcement academy, office of the state public defender, board of parole, and Iowa state civil rights commission.
   The division appropriates moneys from the department of commerce revolving fund to the office of consumer advocate of the department of justice.
   The division appropriates moneys from the gaming enforcement revolving fund to the department of public safety. The division also authorizes FTEs related to gaming enforcement in the fund.
   The division provides that for each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal year 2011-2012, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2011, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions. Additional positions are authorized for each riverboat or gambling structure that extends operations to 24 hours.
   The division requires the department of public safety to issue quarterly reports to the department of management and the legislative services agency relating to the revenues billed and collected and the expenditures from the gaming enforcement revolving fund. The division requires the department of public safety to estimate the temporary use of funds from the general fund for the cash flow needs of the gaming enforcement revolving fund as early as possible in each fiscal year. The division specifies the establishment of the gaming enforcement revolving fund shall not be interpreted in any manner to compromise or impact the accountability of, and the limitation of authority with respect to, an agency or entity under state law.
   The division amends 2009 Iowa Acts, chapter 178, to extend the fiscal period that increases the annual appropriations from the consumer education and litigation fund in Code section 714.16C, to the department of justice. The fiscal period authorizing such increases is extended from the fiscal period beginning on July 1, 2008, and ending on June 30, 2011, to the fiscal period beginning on July 1, 2008, and ending June 30, 2013. By extending the fiscal period that authorizes increased appropriations from the consumer education and litigation fund, the fiscal period that moneys may be allocated from the consumer education and litigation fund to the victim compensation fund for cash flow purposes is also extended, if the moneys so allocated are returned to the consumer education and litigation fund by the end of each fiscal year the allocation occurs.
   The division requires the departments of corrections, human services, inspections and appeals, and public health, and the board of parole, to jointly study the development and establishment of treatment options for geriatric and psychiatric patients currently under the care, custody, and control of the state. The department of corrections in consultation with the other departments and the board of parole shall submit a report detailing the results of the study to the co-chairpersons and ranking members of the joint appropriations subcommittee on health and human services, the co-chairpersons and ranking members of the joint appropriations subcommittee on justice system, and the legislative services agency by November 15, 2011.
   For the fiscal year beginning July 1, 2011, the division provides that the department of corrections, department of public safety, and the judicial district department of correctional services are exempt from the target ratio of supervisory employees to other employees otherwise applicable for the fiscal year beginning July 1, 2011, under Code section 8A.402(2)(g).
   JUSTICE SYSTEM —— FY 2012-2013. The division makes appropriations from the general fund of the state for fiscal year 2012-2013 to the departments of justice, corrections, public defense, and public safety, and the Iowa law enforcement academy, office of the state public defender, board of parole, and Iowa state civil rights commission.
   The division appropriates moneys from the department of commerce revolving fund to the office of consumer advocate of the department of justice.
   The division appropriates moneys from the gaming enforcement revolving fund to the department of public safety. The division also authorizes FTEs related to gaming enforcement in the fund.
   The division also provides that for each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal period beginning on July 1, 2012, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2012, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions. Additional positions are authorized for each riverboat or gambling structure that extends operations to 24 hours.
   For the fiscal year beginning July 1, 2012, the division provides that the department of corrections, department of public safety, and the judicial district department of correctional services are exempt from the target ratio of supervisory employees to other employees otherwise applicable for the fiscal year beginning July 1, 2012, under Code section 8A.402(2)(g).
   JUDICIAL BRANCH —— FY 2011-2012. The division appropriates from the general fund of the state for FY 2011-2012 to the judicial branch for salaries, maintenance, equipment, and miscellaneous purposes.
   The division appropriates $2.3 million from the general fund of the state to the revolving fund created in Code section 602.1302 for jury and witness fees, mileage, costs related to summoning jurors, fees for interpreters, and certain attorney fee reimbursement.
   The division provides it is the intent of the general assembly that the offices of the clerk of the district court operate in all 99 counties and be accessible to the public as much as reasonably possible.
   The division provides that a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district, if all the parties in a case agree. If a trial is moved to another county that is located in another judicial district or judicial election district, the judicial officers serving the judicial district or judicial election district receiving the case shall preside over the case.
   The division permits a judicial officer to waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official business.
   The division allows a judicial officer to be placed on unpaid leave for the fiscal year beginning July 1, 2011, and ending June 30, 2012, on any day a court employee is required to furlough. The division provides that if a judicial officer is placed on unpaid leave, the salary of the judicial officer shall be reduced accordingly for the pay period in which the unpaid leave occurred. Through the course of the fiscal year, the division provides that the judicial branch may use an amount equal to the aggregate amount of the salary reductions due to judicial officer unpaid leave for any purpose other than judicial salaries. 
   JUDICIAL BRANCH —— FY 2012-2013. The division appropriates from the general fund of the state for FY 2012-2013 to the judicial branch for salaries, maintenance, equipment, and miscellaneous purposes.
   The division appropriates $2.3 million from the general fund of the state to the revolving fund created in Code section 602.1302 for jury and witness fees, mileage, costs related to summoning jurors, fees for interpreters, and certain attorney fee reimbursement.
   The division provides it is the intent of the general assembly that the offices of the clerk of the district court operate in all 99 counties and be accessible to the public as much as reasonably possible.
   The division provides that a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district, if all the parties in a case agree. If a trial is moved to another county that is located in another judicial district or judicial election district, the judicial officers serving the judicial district or judicial election district receiving the case shall preside over the case.
   The division permits a judicial officer to waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official business.
   The division allows a judicial officer to be placed on unpaid leave for the fiscal year beginning July 1, 2012, and ending June 30, 2013, on any day a court employee is required to furlough. The division provides that if a judicial officer is placed on unpaid leave, the salary of the judicial officer shall be reduced accordingly for the pay period in which the unpaid leave occurred. Through the course of the fiscal year, the division provides that the judicial branch may use an amount equal to the aggregate amount of the salary reductions due to judicial officer unpaid leave for any purpose other than judicial salaries.
   TRANSPORTATION —— FY 2011-2012. This division makes appropriations for FY 2011-2012 from the road use tax fund and the primary road fund to the department of transportation for support of ongoing operations and for various infrastructure maintenance and improvement projects, including replacement of the Swea City garage.
   TRANSPORTATION —— FY 2012-2013. This division makes appropriations for FY 2012-2013 from the road use tax fund and the primary road fund to the department of transportation for support of ongoing operations and for various infrastructure maintenance and improvement projects, including replacement of the New Hampton combined facility.
   INFRASTRUCTURE AND CAPITALS —— REBUILD IOWA INFRASTRUCTURE FUND APPROPRIATIONS. This division appropriates project funding for FY 2011-2012 and FY 2012-2013 from the rebuild Iowa infrastructure fund, including projects for the departments of administrative services, corrections, cultural affairs, economic development, education, public defense, and transportation, to the treasurer of state, and to the state board of regents.
   The division appropriates project funding for FY 2011-2012 from the rebuild Iowa infrastructure fund to the department for the blind, department of human services, department of natural resources, and department of veterans affairs.
   The division appropriates project funding for FY 2013-2014 from the rebuild Iowa infrastructure fund to the department of corrections and to the state board of regents.
   The division appropriates project funding for FY 2014-2015 from the rebuild Iowa infrastructure fund to the state board of regents.
   INFRASTRUCTURE AND CAPITALS —— TECHNOLOGY REINVESTMENT FUND —— APPROPRIATIONS. This division appropriates project funding for FY 2011-2012 and FY 2012-2013 from the technology reinvestment fund to the departments of administrative services, corrections, education, human rights, human services, public safety, and the Iowa telecommunications and technology commission.
   The division appropriates project funding for FY 2011-2012 from the technology reinvestment fund to the department of management.
   The division appropriates project funding for FY 2013-2014 from the technology reinvestment fund to the departments of human services and public safety.
   The division appropriates project funding for FY 2014-2015 from the technology reinvestment fund to the department of human services. 
   INFRASTRUCTURE AND CAPITALS —— REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS. This division appropriates project funding for FY 2011-2012 from the revenue bonds capitals fund to the departments of corrections and administrative services. 
   INFRASTRUCTURE AND CAPITALS —— REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS. This division appropriates project funding for FY 2011-2012 from the revenue bonds capitals II fund to the department of administrative services.
   INFRASTRUCTURE AND CAPITALS —— GENERAL FUND —— APPROPRIATIONS. This division appropriates funding for FY 2012-2013 from the general fund of the state to the department of transportation.
   INFRASTRUCTURE AND CAPITALS —— PUBLIC BIDDING AND CONTRACTING. This division relates to bidding and contracting for public improvement, public works, and public road projects.
   The division sets out procedural requirements which a public body must follow when awarding a contract for a public works project to a bidder through a competitive bidding process. The division defines criteria that the public body cannot consider when awarding such a contract. Prohibited criteria include whether the bidder’s employees belong to or are represented by a labor union; requiring the bidder to enter into an agreement that directly or indirectly requires the bidder to recruit, train, or hire employees from a particular source; or requiring the bidder or its subcontractors or agents to enter into an agreement or arrangement imposing various other limitations relating to the bidder’s employees. The division requires the public body to include the prohibited criteria in any document requesting or inviting bids on public works projects subject to the bill.
   The division requires the labor commissioner to administer and enforce Code section 73A.21, which allows the state and political subdivisions awarding a contract for a public improvement to give a preference to an Iowa resident bidder over a nonresident bidder. The preference must be reciprocal to any preference given to in-state resident bidders over nonresident bidders by the state or foreign country of a nonresident bidder. The division directs the labor commissioner to hire necessary personnel and adopt rules as necessary to administer Code section 73A.21.
   The division includes in the reciprocity requirement nonresident bidders from a state or foreign country which gives any type of labor force preference or any other form of preference to resident bidders or laborers. The division provides that if the provisions of Code section 73A.21 may cause denial of federal funds which would otherwise be available, or would otherwise be inconsistent with requirements of any federal law or regulation, the Code section will be suspended, but only to the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements. The division requires a public body involved in a public improvement to require all nonresident bidders to specify on all project bid specifications and contract documents whether the nonresident bidder’s state or country of residence has any type of resident bidder preference in effect at the time of a bid submittal.
   The division provides the labor commissioner with certain powers relating to nonresident bidders for public improvement projects to enforce Code section 73A.21. The division provides the labor commissioner with investigative powers concerning nonresident bidders. Such powers include the power to hold hearings, to enter a place of employment to inspect records regarding labor force residency, to question employees, and to take depositions and issue subpoenas. The division provides that the labor commissioner may sue for injunctive relief for violations of Code section 73A.21. The division requires the labor commissioner to develop a written complaint form for violations. The division requires a nonresident contractor domiciled in a state or country that has a resident labor force preference to keep for at least three years accurate records containing certain identifying information including residency for all workers employed by the contractor. The division provides that the labor commissioner may direct that up to 25 percent of the contract price be withheld from the contractor if the contractor does not file such records until the records are filed. The division provides for a civil penalty of $1,000 for each violation found during a first investigation, $5,000 for each violation found during a second investigation, and $15,000 for each violation found during a subsequent investigation. The division provides that a separate and distinct violation occurs for each worker employed by the contractor for each day the worker is employed by the contractor. The division provides for a review process with the division of labor and sets out procedural requirements. The division modifies and adds applicable definitions for Code section 73A.21.
   The division strikes the requirement in Code section 331.341 that a county board of supervisors give preference to in-state labor in accordance with Code chapter 73 when contracting for public improvement projects.
   The division repeals Code sections 73.3 and 73.4, which require public bodies to give preference to in-state labor in public improvement or public works projects.
   The division is effective upon enactment.
   The division applies to all public improvement, public works, and public road projects, and to public improvement, public works, and public road contracts entered into on or after July 1, 2011.
   The division may include a state mandate as defined in Code section 25B.3.
   INFRASTRUCTURE AND CAPITALS —— BUSINESS DEVELOPMENT ASSISTANCE —— APPROPRIATIONS. This division appropriates $15 million from the rebuild Iowa infrastructure fund to the department of economic development for purposes of providing financial assistance to businesses and for other related purposes.
   INFRASTRUCTURE AND CAPITALS —— MISCELLANEOUS CODE CHANGES. This division expands the definition of “vertical infrastructure” for purposes of the rebuild Iowa infrastructure fund for public vertical infrastructure projects to include debt service payments on academic revenue bonds issued in accordance with Code chapter 262A for capital projects at board of regents institutions. The division eliminates FY 2011-2012, FY 2012-2013, and FY 2013-2014 standing appropriations from the rebuild Iowa infrastructure fund to the secure an advanced vision for education fund created in Code section 423F.2. 
   The division reduces the FY 2011-2012 standing appropriations from the rebuild Iowa infrastructure fund to the environment first fund from $42 million to $33 million.
   The division makes a standing appropriation from the rebuild Iowa infrastructure fund for FY 2012-2013 to the environment first fund of $35 million.
   The division eliminates the $17.5 million standing appropriation from the general fund of the state to the technology reinvestment fund for FY 2011-2012 and appropriates $16 million from the rebuild Iowa infrastructure fund to the technology reinvestment fund for FY 2011-2012.
   The division amends Code section 8A.321 to require the department of administrative services to issue a request for proposals for leasing privately owned office space in downtown Des Moines prior to replacing or renovating publicly owned buildings or relocating any state agencies to any space in publicly owned buildings.
   The division amends Code section 12.82 to provide that notwithstanding any other provision of the Code chapter, the school infrastructure fund shall be used for purposes of the school infrastructure program established in Code section 292.2. The division also amends Code section 12.82 to provide that any amounts remaining in the school infrastructure fund at the end of the fiscal year beginning July 1, 2010, shall be transferred to the rebuild Iowa infrastructure fund. These provisions take effect upon enactment and, if approved by the governor on or after July 1, 2011, apply retroactively to June 30, 2011.
   The division increases the standing appropriation from the rebuild Iowa infrastructure fund to the community attraction and trust fund for FY 2011-2012 from $5 million to $5.1 million.
   The division eliminates standing appropriations for FY 2011-2012 and FY 2012-2013 from the franchise tax revenues deposited in the general fund of the state to the community attraction and tourism fund.
   The division reduces the standing appropriation from the rebuild Iowa infrastructure fund to the Iowa finance authority for FY 2011-2012 from $3 million to $2 million.
   The division eliminates the $200,000 appropriation from the rebuild Iowa infrastructure fund to the Iowa finance authority for administration of the Iowa jobs program.
   INFRASTRUCTURE AND CAPITALS —— CHANGES TO PRIOR APPROPRIATIONS. This division extends the reversion date for project funding appropriated to the department of public safety from the endowment for Iowa’s health restricted capitals fund for FY 2006-2007.
   The division extends the reversion dates for project funding appropriated to the department of administrative services from the rebuild Iowa infrastructure fund for FY 2007-2008. The division also authorizes the department of administrative services to provide for the disposition and relocation or demolishment of specified structures and to use any amount received from that disposition for costs associated with the restoration of the west capitol terrace.
   The division reduces from $300,000 to $60,000 the appropriation from the rebuild Iowa infrastructure fund for FY 2008-2009 to the department of transportation for construction of a depot and platform and to accommodate future Amtrak service from Dubuque to Chicago.
   The division eliminates the $10 million appropriations for FY 2011-2012 and FY 2012-2013 from the rebuild Iowa infrastructure fund to the department of economic development for deposit into the river enhancement community attraction and tourism fund.
   The division reduces from $10 million to $9.2 million, the appropriation from the FY 2009 tax-exempt bond proceeds restricted capitals fund account of the tobacco settlement trust fund to the department of economic development for deposit into the river enhancement community attraction and tourism fund.
   The division reduces the appropriation to the department of transportation for the passenger rail service revolving fund for FY 2009-2010 from $3 million to $500,000.
   The division eliminates the $6.5 million appropriation from the rebuild Iowa infrastructure fund to the department of transportation for the passenger rail service revolving fund for FY 2011-2012.
   The division eliminates the $4 million appropriation from the revenue bonds capitals II fund to the department of economic development for deposit into the river enhancement community attraction and tourism fund.
   The division makes changes to the FY 2010-2011 appropriations from the revenue bonds capitals II fund to the treasurer of state, from the FY 2009 prison bonding fund to the department of corrections, from the Iowa comprehensive petroleum underground storage tank fund to the department of transportation, and from the school infrastructure fund to the department of economic development.
   Except as otherwise provided, the division takes effect upon enactment and, if approved by the governor on or after July 1, 2011, applies retroactively to June 30, 2011. The exemptions from the expenditure limitations contained in 2011 Iowa Acts, House File 45, section 2, subsection 2, apply retroactively to March 7, 2011.
   BLOCK GRANTS —— FY 2011-2012. This division appropriates for the 2011-2012 federal fiscal year which begins October 1, 2011, block grants available from the federal government and provides procedures for increasing or decreasing the appropriations if the block grants are increased or decreased. 
   The division also makes appropriations for federal and state fiscal years 2011-2012 of other federal grants, receipts, and funds, and other nonstate funds. 
   BLOCK GRANTS —— FY 2012-2013. This division also appropriates for the 2012-2013 federal fiscal year which begins October 1, 2012, block grants available from the federal government and provides procedures for increasing or decreasing the appropriations if the block grants are increased or decreased. 
   The division also makes appropriations for federal and state fiscal years 2012-2013 of other federal grants, receipts, and funds, and other nonstate funds. 
   STANDINGS —— STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012. For the budget process applicable to FY 2012-2013, state agencies are required to submit estimates and other expenditure information as called for by the director of the department of management instead of the information required under Code section 8.23.
   This division limits or reduces standing appropriations for FY 2011-2012 made for the following purposes: performance of duty by the executive council, casino wagering tax proceeds allocated for department of cultural affairs operational support grants and community cultural grants and for regional tourism marketing; the center for congenital and inherited disorders; primary and secondary child abuse prevention programs; programs for at-risk children; payment for nonpublic school transportation; reimbursement for the homestead property tax credit and for the family farm and agricultural land tax credits; and the enforcement of Code chapter 452D relating to tobacco product manufacturers.
   The division amends Code section 256.30 to create a standing limited appropriation from the general fund of the state to the department of education for the Sac and Fox Indian settlement.
   The division appropriates moneys to the department of agriculture and land stewardship for a program for farmers with disabilities.
   The standing appropriation in Code section 257.20 of an amount necessary to pay instructional support state aid, as determined under that Code provision, is replaced with a zero appropriation for FY 2011-2012.
   Code section 257.35 is amended to reduce area education agencies’ budgets for fiscal year 2011-2012 by $20 million.
   The division provides that the first $106,016,400 of revenues generated from the tax on cigarettes and from the tax on certain tobacco products are credited to the health care trust fund. Currently, the moneys are credited to the general fund of the state and appropriated annually to the health care trust fund.
   SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012. The division prohibits bonus pay for employees of the executive branch except for employees of the state board of regents, the judicial branch, and the legislative branch, unless the bonus pay is otherwise authorized by law, required pursuant to an employment contract entered into before July 1, 2011, or required pursuant to a collective bargaining agreement.
   For FY 2011-2012, the division appropriates moneys from the gaming enforcement revolving fund for annual pay adjustments and related benefits for agents and officers of the division of criminal investigation’s racetrack, excursion boat, or gambling structure enforcement activities. For FY 2011-2012, the division appropriates moneys from the gaming regulatory revolving fund for annual pay adjustments and related benefits for positions in the racing and gaming commission of the department of inspections and appeals who are assigned to administration and enforcement of the excursion boat and gambling structure laws.
   The division requires sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement to receive the same per diem meal allowance as the sworn peace officers covered by a collective bargaining agreement.
   The salary model administrator is required to work in conjunction with the department of management and the legislative services agency to analyze, compare, and project state salary and benefit information.
   The division requires the state’s executive and judicial branch authorities responsible for collective bargaining negotiations with applicable state employee organizations, to discuss health insurance coverage of state employees and their families in order to renegotiate such coverage to achieve cost savings for the state. One of the options to be discussed is a required monthly payment by employees of at least $100 of the cost of single coverage or a like increase in the employee cost for family coverage. This provision takes effect upon enactment.
   New Code section 8A.440 requires collective bargaining agreements for state employees to require monthly payment by employees of at least $100 of the cost of single health care coverage or a like increase in the employee cost for family coverage. This provision takes effect upon enactment and applies to collective bargaining agreements entered into on or after the effective date.
   CORRECTIVE PROVISIONS. Code section 8.6(9A), as enacted by 2011 Iowa Acts, House File 45, section 39, is amended to correct references to the subchapters rather than the divisions of new Code chapter 8G, as created in that Act.
   Code section 8.57E(3)(a), as enacted by 2011 Iowa Acts, Senate File 209, section 30, is amended to correctly refer to the taxpayers trust fund as created in that Act.
   Code section 8G.13, as enacted by 2011 Iowa Acts, House File 45, section 50, is amended to correct an internal reference to the Act’s provision requiring the availability on the internet of a searchable database of all tax rates for each taxing jurisdiction in the state.
   Code section 16.193(3)(a), as amended by 2011 Iowa Acts, Senate File 475, section 11, is amended to use the plural form of the word “program” with regard to two Iowa jobs programs referenced earlier in the sentence.
   Code section 68A.401(4), as amended by 2011 Iowa Acts, Senate File 475, section 17, is amended to correct a reference to Code section 68A.201A relating to political committee disclosure reports.
   Code section 139A.19(3), as enacted by 2011 Iowa Acts, House File 467, section 20, is amended to correct the punctuation in the word “clinics” by adding an apostrophe in this disease exposure notification provision.
   Code section 175.3(1)(a), as amended by 2011 Iowa Acts, Senate File 429, section 1, is amended to correct a reference to the agricultural development authority in a provision relating to the authority’s status as a public instrumentality.
   Code section 207.22(3)(b), as amended by 2011 Iowa Acts, Senate File 475, section 47, is amended to strike a redundant reference to “Title IV” of Pub. L. No. 95-87, in this rewritten federal Act reference.
   Code section 232.71D(3)(a)(u1), as enacted by 2011 Iowa Acts, House File 562, section 3, is amended to insert the correct preposition in the phrase “in the central registry” when referring to the central registry for child abuse information.
   Code section 256.7(26)(a)(1), as enacted by 2011 Iowa Acts, Senate File 453, section 1, is amended to substitute a helping verb for a preposition in order to correct the grammar in this provision relating to high school graduation requirements.
   Code section 321.34(20C)(a) and (25)(a), if enacted by 2011 Iowa Acts, House File 651, section 2, are amended by striking an extraneous instance of the word “special” in each subsection.
   Code section 327B.5, relating to the penalty for violation of motor carrier registration requirements, is amended by correcting a reference to scheduled fines in Code section 805.8A, in order to conform with changes made by 2011 Iowa Acts, Senate File 205, section 29.
   Code sections 422.11O(5)(a)(2) and 422.11Y(1)(d), (3)(u1), and (6)(b)(2), if enacted by 2011 Iowa Acts, Senate File 531, sections 17 and 35, are amended to correctly refer to the E-15 plus gasoline promotion tax credit as created in that Act. The corrections generally take effect or are applicable beginning January 1, 2012.
   Code section 423.4(9)(u1), if enacted by 2011 Iowa Acts, Senate File 531, section 59, is amended to correctly refer to both sales and use taxes for which a refund may be applied for by a qualified biodiesel producer under that Act. The correction takes effect January 1, 2012.
   Code section 483A.24A, as amended by 2011 Iowa Acts, Senate File 194, section 10, is amended to strike a reference to “both” definitions, since the amended Code section now only refers to one definition in this provision relating to military service members’ refunds of certain fishing and hunting license fees.
   Code section 501.101(01), as enacted by 2011 Iowa Acts, House File 348, section 7, is amended to correct the form of the verb to match the singular subject of the sentence in this provision relating to alternative voting methods for closed cooperatives.
   Code section 501A.703(5)(d), Code 2011, as amended by 2011 Iowa Acts, House File 348, section 19, is amended to delete an unnecessary comma in this provision relating to alternative voting methods for cooperative associations.
   Code section 511.8(22)(i)(u1), as enacted by 2011 Iowa Acts, Senate File 406, section 25, is amended to use the correct preposition in a provision relating to life insurance company legal reserves.
   Code section 514J.109(3)(f), if enacted by 2011 Iowa Acts, House File 597, section 9, is amended to correct a reference to a health care coverage external review request in a provision relating to the contents of such a request.
   Code section 521F.4(1)(b), as enacted by 2011 Iowa Acts, Senate File 406, section 44, is amended to correctly refer to a single trend test calculation in a provision relating to a health organization’s risk-based capital report.
   Code section 524.310(5)(b), as amended by 2011 Iowa Acts, Senate File 475, section 120, is amended to strike a reference to a Code section repealed on December 31, 2010, and to insert the correct reference to the new Code provision in Code chapter 489 relating to limited liability companies.
   Code section 717.3(5)(b), as enacted by 2011 Iowa Acts, Senate File 478, section 6, is amended to strike the conjunction “and” in a phrase where only a preposition is required, in a provision relating to the sustenance of livestock.
   Code section 717.4(2), as enacted by 2011 Iowa Acts, Senate File 478, section 7, is amended to add the preposition “for” in a phrase relating to the expenses of providing sustenance to livestock, to match similar phrases in Code section 717.5, as amended in the same Act.
   Code section 717.4A, as enacted by 2011 Iowa Acts, Senate File 478, section 8, is amended to add the preposition “to” in a phrase relating to the payment of proceeds from the disposition of livestock to the livestock remediation fund.
   Code section 717.4A, as enacted by 2011 Iowa Acts, House File 271, section 3, is amended to strike the word “credit” from the term “jail credit” to conform with similar terminology use in 2011 Iowa Acts, House File 271.
   MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. The division appropriates moneys to the department of cultural affairs for FY 2010-2011 for purposes of the battleship Iowa, BB-61. These provisions take effect upon enactment and, if approved by the governor after July 1, 2011, shall apply retroactively to June 30, 2011.
   The division makes inapplicable the limitation on expenditures made for office supplies, purchases of equipment, office equipment, and equipment noninventory, printing and binding, and marketing implemented pursuant to 2011 Iowa Acts, House File 45, for FY 2010-2011 to a department or agency receiving a supplemental appropriation for FY 2010-2011 pursuant to 2011 Iowa Acts, Senate File 209. This provision takes effect upon enactment and is retroactively applicable to the effective date of House File 45 of March 7, 2011.
   The division increases the minimum fine for a second offense operating while intoxicated from $1,850 to $1,875.
   The division repeals Code chapter 327K relating to the midwest interstate passenger rail compact. By the terms of the compact, withdrawal from the compact becomes effective one year following the repeal of Code chapter 237K.
   STANDINGS —— GROW IOWA VALUES FUND AND PROGRAM. This division addresses the grow Iowa values fund.
   The division repeals Code sections related to the grow Iowa values fund and financial assistance program and makes conforming amendments. The division amends two 2010 Iowa Acts provisions to prohibit the department of economic development from further obligating any moneys appropriated for purposes of the grow Iowa values fund for fiscal year 2010-2011 and requires that unobligated and unencumbered moneys are credited to the general fund of the state, which take effect upon enactment. The division requires repayments on moneys loaned from the appropriated moneys to be credited to the general fund of the state.
   STANDINGS —— MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2013-2014. Code section 331.439, subsection 3, provides that county mental health, mental retardation, and developmental disabilities (MH/MR/DD) service expenditures for a fiscal year are limited to a fixed budget amount and that the fixed amount is subject to an allowed growth factor adjustment. The allowed growth factor adjustment is to be set by statute for the fiscal year which commences two years from the beginning date of the fiscal year in progress at the time the statute is enacted. The mental health and disability services commission is required to make a recommendation of the adjustment amount to the governor annually in November and the governor is required to submit a recommendation for the amount to the general assembly at the time the governor’s budget is submitted. This division provides that for the allowed growth adjustment factor legislation for FY 2013-2014, the governor must submit a recommendation on or before January 14, 2013, and the statute providing the allowed growth factor adjustment is to be enacted within 30 calendar days of the date the 2013 session of the general assembly convenes.
   STANDINGS —— STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2012-2013. For the budget process applicable to FY 2013-2014, state agencies are required to submit estimates and other expenditure information as called for by the director of the department of management instead of the information required under Code section 8.23.
   This division limits or reduces standing appropriations for FY 2012-2013 made for the following purposes: performance of duty by the executive council, casino wagering tax proceeds allocated for department of cultural affairs operational support grants and community cultural grants and for regional tourism marketing; the center for congenital and inherited disorders; primary and secondary child abuse prevention programs; programs for at-risk children; payment for nonpublic school transportation; and the enforcement of Code chapter 452D relating to tobacco product manufacturers.
   The division appropriates moneys to the department of agriculture and land stewardship for purposes of a program for farmers with disabilities.
   The standing appropriation in Code section 257.20 of an amount necessary to pay instructional support state aid, as determined under that Code provision, is replaced with a zero appropriation for FY 2012-2013.
   Code section 257.35 is amended to reduce area education agencies’ budgets for fiscal year 2012-2013 by $20 million.
   STANDINGS —— SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2012-2013. The division prohibits bonus pay for employees of the executive branch except for employees of the state board of regents, the judicial branch, and the legislative branch, unless the bonus pay is otherwise authorized by law, required pursuant to an employment contract entered into before July 1, 2012, or required pursuant to a collective bargaining agreement.
   For FY 2012-2013, the division appropriates moneys from the gaming enforcement revolving fund for annual pay adjustments and related benefits for agents and officers of the division of criminal investigation’s racetrack, excursion boat, or gambling structure enforcement activities. For FY 2012-2013, the division appropriates moneys from the gaming regulatory revolving fund for annual pay adjustments and related benefits for positions in the racing and gaming commission of the department of inspections and appeals who are assigned to administration and enforcement of the excursion boat and gambling structure laws.
   The division requires sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement to receive the same per diem meal allowance as the sworn peace officers covered by a collective bargaining agreement.
   The salary model administrator is required to work in conjunction with the department of management and the legislative services agency to analyze, compare, and project state salary and benefit information.
   STANDINGS —— SALES TAX REVENUES —— TRANSFERS. The division transfers additional moneys from the secure an advanced vision for education fund to the property tax equity and relief fund.
   REGULAR PROGRAM AND CATEGORICAL STATE PERCENT OF GROWTH FOR EDUCATION —— FY 2012-2013. This division establishes a regular program state percent of growth at 2 percent and a categorical state percent of growth at 2 percent for purposes of the state school foundation program for the school budget year beginning July 1, 2012.
   The categorical state percent of growth includes the teacher salary supplement, the professional development supplement, and the early intervention supplement.
   The division is applicable for state aid computation under the school foundation program for the school budget year beginning July 1, 2012.
   STANDINGS —— APPROPRIATIONS —— TRANSFERS. This division allocates moneys appropriated for the grow Iowa values fund for use by the department of economic development for the Iowans helping Iowans business assistance program. The division allocates moneys for the medical assistance program to the Iowa finance authority for the Iowans helping Iowans housing assistance program and to the department of human services for the unmet needs program.
   TAXATION. The division states an intent by the general assembly to address the issues of property taxation and income taxation during the 2011 legislative session.
   CONDITIONAL RETROACTIVE APPLICABILITY. The division provides that, unless otherwise provided, this Act, if approved by the governor after July 1, 2011, shall apply retroactively to July 1, 2011.