House Study Bill 1 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON RAECKER) A BILL FOR An Act relating to public funding and regulatory matters and 1 making, reducing, and transferring appropriations and 2 revising fund amounts and including effective, retroactive, 3 and other applicability date provisions, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1319YC (53) 84 tm/jp
H.F. _____ DIVISION I 1 TAX RELIEF FUND 2 Section 1. Section 8.55, subsection 2, Code 2011, is amended 3 to read as follows: 4 2. a. The maximum balance of the fund is the amount equal 5 to two and one-half percent of the adjusted revenue estimate 6 for the fiscal year. If the amount of moneys in the Iowa 7 economic emergency fund is equal to the maximum balance, moneys 8 in excess of this amount shall be transferred to the general 9 tax relief fund. 10 b. Notwithstanding paragraph “a” , any moneys in excess of 11 the maximum balance in the economic emergency fund after the 12 distribution of the surplus in the general fund of the state 13 at the conclusion of each fiscal year shall not be transferred 14 to the general tax relief fund of the state but shall be 15 transferred to the senior living trust fund. The total amount 16 appropriated, reverted, or transferred, in the aggregate, under 17 this paragraph, section 8.57, subsection 2 , and any other law 18 providing for an appropriation or reversion or transfer of an 19 appropriation to the credit of the senior living trust fund, 20 for all fiscal years beginning on or after July 1, 2004, shall 21 not exceed the amount specified in section 8.57, subsection 2 , 22 paragraph “c” . 23 Sec. 2. NEW SECTION . 8.57E Tax relief fund. 24 1. The tax relief fund is created. The fund shall be 25 separate from the general fund of the state and the balance in 26 the fund shall not be considered part of the balance of the 27 general fund of the state. The moneys credited to the fund 28 are not subject to section 8.33 and shall not be transferred, 29 used, obligated, appropriated, or otherwise encumbered except 30 as provided in this section. 31 2. Moneys in the tax relief fund shall only be used as 32 pursuant to appropriations made by the general assembly to 33 reduce taxes. 34 3. a. Moneys in the fund may be used for cash flow purposes 35 -1- LSB 1319YC (53) 84 tm/jp 1/ 58
H.F. _____ during a fiscal year provided that any moneys so allocated are 1 returned to the fund by the end of that fiscal year. 2 b. Except as provided in section 8.58, the tax relief fund 3 shall be considered a special account for the purposes of 4 section 8.53 in determining the cash position of the general 5 fund of the state for the payment of state obligations. 6 4. Notwithstanding section 12C.7, subsection 2, interest 7 or earnings on moneys deposited in the tax relief fund shall 8 be credited to the fund. 9 Sec. 3. Section 8.58, Code 2011, is amended to read as 10 follows: 11 8.58 Exemption from automatic application. 12 1. To the extent that moneys appropriated under section 13 8.57 do not result in moneys being credited to the general 14 fund under section 8.55, subsection 2 , moneys appropriated 15 under section 8.57 and moneys contained in the cash reserve 16 fund, rebuild Iowa infrastructure fund, environment first 17 fund, and Iowa economic emergency fund , and tax relief fund 18 shall not be considered in the application of any formula, 19 index, or other statutory triggering mechanism which would 20 affect appropriations, payments, or taxation rates, contrary 21 provisions of the Code notwithstanding. 22 2. To the extent that moneys appropriated under section 23 8.57 do not result in moneys being credited to the general fund 24 under section 8.55, subsection 2 , moneys appropriated under 25 section 8.57 and moneys contained in the cash reserve fund, 26 rebuild Iowa infrastructure fund, environment first fund, and 27 Iowa economic emergency fund , and tax relief fund shall not be 28 considered by an arbitrator or in negotiations under chapter 29 20 . 30 Sec. 4. TAX RELIEF FUND —— LEGISLATIVE INTENT. It is the 31 intent of the general assembly to enact appropriations from the 32 tax relief fund created by this division of this Act pursuant 33 to tax relief legislation which shall be proposed by the 34 standing committees on ways and means of the senate and house 35 -2- LSB 1319YC (53) 84 tm/jp 2/ 58
H.F. _____ of representatives. 1 Sec. 5. EFFECTIVE DATE AND APPLICABILITY. 2 1. This division of this Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 2. The amendment in this division to section 8.55, providing 5 for transfer of moneys from the Iowa economic emergency fund 6 to the tax relief fund instead of the general fund of the state 7 applies to transfers made from the Iowa economic emergency 8 fund on or after the effective date of this division and shall 9 be incorporated in the state general expenditure limitation 10 calculated for the fiscal year beginning July 1, 2011. 11 DIVISION II 12 UNIFORM PROVISIONS 13 Sec. 6. GROUP HEALTH INSURANCE PREMIUM COSTS FOR STATE 14 EMPLOYEES. 15 1. The state’s executive and judicial branch authorities 16 responsible for negotiating the collective bargaining 17 agreements entered into under chapter 20 shall engage in 18 discussions with the applicable state employee organizations 19 to renegotiate provisions involving health insurance coverage 20 of state employees and their families in order to achieve cost 21 savings for the state. The discussions shall include but 22 are not limited to a requirement for a state employee who is 23 covered by a collective bargaining agreement and is a member of 24 state group health insurance plan for employees of the state 25 established under chapter 509A to pay at least fifty dollars 26 per month of the total premium for such health plan coverage 27 for single persons or increase the amount paid per month for 28 family coverage by the same amount that would be paid for the 29 single persons coverage. 30 2. If collective bargaining agreements are renegotiated 31 to achieve cost savings pursuant to subsection 1, the cost 32 savings provisions shall also apply to state employees who are 33 not covered by collective bargaining as provided in chapter 34 20 and are members of a state group health insurance plan for 35 -3- LSB 1319YC (53) 84 tm/jp 3/ 58
H.F. _____ employees of the state established under chapter 509A. 1 3. Beginning on the effective date of this section or 2 March 1, 2011, whichever is earlier, a state legislator or 3 legislative staff member who is a member of a state group 4 health insurance plan for employees of the state established 5 under chapter 509A shall pay at least fifty dollars per month 6 of the total premium for such health care coverage for single 7 persons or increase the amount paid per month for family 8 coverage by the same amount that would be paid for the single 9 persons coverage. The payment amount shall be determined 10 by the legislative council, subject to the minimum amount 11 specified in this subsection. 12 Sec. 7. STATE AGENCY OFFICE SUPPLIES, OUTSIDE SERVICES 13 PURCHASE, EQUIPMENT PURCHASES, PRINTING AND BINDING, 14 INFORMATION TECHNOLOGY, AND MARKETING. 15 1. For the purposes of this section, “department” means the 16 same as defined in section 8.2. 17 2. a. For the period beginning on the effective date of 18 this section through the close of the fiscal year ending on 19 June 30, 2011, each state department shall be subject to a 20 limitation on expenditures made on or after the effective date 21 of this section for office supplies, outside services purchase, 22 purchases of equipment, office equipment, and equipment 23 noninventory, printing and binding, information technology, and 24 marketing in accordance with this section. 25 b. The limitation shall be equal to 50 percent of the 26 unexpended or unencumbered amount that a department has 27 budgeted or otherwise designated for purposes of office 28 supplies, outside services purchase, purchases of equipment, 29 office equipment, and equipment noninventory, printing and 30 binding, information technology, and marketing from the 31 appropriations made from all sources for the fiscal year 32 beginning July 1, 2010, and ending June 30, 2011, to the 33 department from all sources, as of the effective date of this 34 section. 35 -4- LSB 1319YC (53) 84 tm/jp 4/ 58
H.F. _____ c. If another provision of this Act directs a department 1 to apply a limitation on expenditures made for information 2 technology or reduces the information technology portion of 3 an appropriation made to the department, such limitation or 4 reduction shall be in lieu of the limitation on expenditures 5 for information technology otherwise applicable under this 6 subsection. 7 3. For the period beginning on the effective date of this 8 section through the close of the fiscal year ending on June 30, 9 2011, out-of-state travel by an employee of a department, which 10 travel is funded in whole or in part by an appropriation from 11 the general fund of the state, shall not be authorized unless 12 a waiver for the travel is approved by the executive council. 13 The executive council shall adopt waiver criteria based on the 14 relative importance of the travel to fulfilling statutorily 15 required duties, the potential for the travel to bring cost 16 savings or enhanced revenues for the state, and other means 17 to determine whether the benefit or potential benefit of the 18 travel significantly outweighs the potential cost. 19 4. The committees on appropriations of the senate and 20 house of representatives shall recommend legislation applying 21 a directive for the executive branch to implement a master 22 marketing contract for state agencies that commences on or 23 before July 1, 2011. 24 Sec. 8. REVENUE ESTIMATING CONFERENCE MEETING. Upon the 25 request of the speaker of the house of representatives or 26 the majority leader of the senate, the revenue estimating 27 conference shall meet on a date in February or March 2011, as 28 specified in the request. At this meeting, in addition to the 29 estimates normally agreed to at the meetings of the conference, 30 the conference shall also agree on estimates for fiscal year 31 2012-2013. 32 Sec. 9. Section 7E.3, Code 2011, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 5. Adult unauthorized aliens. Unless 35 -5- LSB 1319YC (53) 84 tm/jp 5/ 58
H.F. _____ expressly authorized by federal or state law, ensure that the 1 public benefits administered by the department or independent 2 agency are not provided to adults who are unauthorized aliens 3 not lawfully present in the United States. 4 Sec. 10. NEW SECTION . 8A.440 Group health insurance premium 5 costs. 6 1. Collective bargaining agreements entered into pursuant 7 to chapter 20 for state employees shall provide that a state 8 employee covered by that agreement who is a member of a 9 state group health insurance plan for employees of the state 10 established under chapter 509A shall pay at least fifty dollars 11 per month of the total premium for such insurance for single 12 persons or increase the amount paid per month for family 13 coverage by the same amount that would be paid for the single 14 persons coverage. 15 2. A state employee not covered by a collective bargaining 16 agreement as provided in chapter 20 who is a member of a 17 state group health insurance plan for employees of the state 18 established under chapter 509A shall pay the same amount per 19 month of the total premium for such insurance as is paid under 20 the collective bargaining agreement that covers the greatest 21 number of state employees in the state government entity 22 employing the state employee. 23 Sec. 11. Section 68B.8, Code 2011, is amended by adding the 24 following new unnumbered paragraph: 25 NEW UNNUMBERED PARAGRAPH . A state agency of the executive 26 branch of state government shall not employ a person through 27 the use of its public funds whose position with the agency is 28 primarily representing the agency relative to the passage, 29 defeat, approval, or modification of legislation that is being 30 considered by the general assembly. 31 Sec. 12. APPLICABILITY. The provision of this division 32 of this Act enacting section 8A.440, applies to collective 33 bargaining agreements entered into on or after the effective 34 date of this division of this Act. 35 -6- LSB 1319YC (53) 84 tm/jp 6/ 58
H.F. _____ Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION III 4 ADMINISTRATION AND REGULATION 5 Sec. 14. JOINT APPROPRIATIONS SUBCOMMITTEE ON 6 ADMINISTRATION AND REGULATION REQUIREMENTS. The joint 7 appropriations subcommittee on administration and regulation 8 shall develop and, on or before April 4, 2011, shall submit 9 recommended implementation provisions to the general assembly’s 10 committees on appropriations in proposed legislation concerning 11 all of the following: 12 1. Eliminating and selling the pool of state-owned 13 passenger vehicles located in Polk county for temporary 14 assignment to multiple drivers of a department or agency that 15 is located within Polk county. The recommendations shall not 16 encompass vehicles assigned for law enforcement purposes or for 17 specialized use by the department of natural resources. 18 2. Outsourcing state vehicle leasing through a private 19 entity to fill the needs addressed by the vehicles subject to 20 sale under subsection 1. 21 Sec. 15. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 22 STATE-OWNED PASSENGER VEHICLES. 23 1. Consistent with the requirements of section 8A.361, for 24 the period beginning on the effective date of this section 25 and ending June 30, 2011, the department of administrative 26 services shall be the sole department authorized to operate a 27 pool of passenger vehicles located in Polk county for temporary 28 assignment to multiple drivers of a state department or agency 29 that is located within Polk county. For that period, the 30 department shall not purchase new passenger vehicles for the 31 pool. 32 2. For purposes of this section, “passenger vehicles” 33 means United States environmental protection agency designated 34 compact sedans, compact wagons, midsize sedans, midsize 35 -7- LSB 1319YC (53) 84 tm/jp 7/ 58
H.F. _____ wagons, full-size sedans, and passenger minivans. “Passenger 1 vehicles” does not mean utility vehicles, vans other than 2 passenger minivans, fire trucks, ambulances, motor homes, 3 buses, medium-duty and heavy-duty trucks, heavy construction 4 equipment, and other highway maintenance vehicles, vehicles 5 assigned for law enforcement purposes, vehicles assigned for 6 specialized use by the department of natural resources, and any 7 other classes of vehicles of limited application approved by 8 the director of the department of administrative services. 9 Sec. 16. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 10 SPACE —— COST-BENEFIT ANALYSIS. Following the filing of the 11 cost-benefit analysis required pursuant to 2010 Iowa Acts, 12 chapter 1184, section 49, the department of administrative 13 services shall locate state employees in office space in the 14 most cost-efficient manner possible. However, the department 15 shall not pay penalties for the early termination of a lease 16 for office space outside of the capitol complex. 17 Sec. 17. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The 18 Iowa telecommunications and technology commission shall 19 implement a request for proposals process to sell or lease the 20 Iowa communications network. The request for proposals shall 21 provide for the sale to be concluded or the lease to commence 22 during the fiscal year beginning July 1, 2011. The commission 23 shall condition the sale or lease of the Iowa communications 24 network with terms that will allow existing authorized users of 25 the network to continue such use at a lower overall long-term 26 cost when compared to the anticipated operation and maintenance 27 costs if state ownership and control were to continue. The 28 commission shall submit periodic status reports to the general 29 assembly at three-month intervals, beginning on October 1, 30 2011, regarding progress made toward selling or leasing the 31 network. 32 Sec. 18. 2010 Iowa Acts, chapter 1189, section 7, is amended 33 to read as follows: 34 SEC. 7. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 35 -8- LSB 1319YC (53) 84 tm/jp 8/ 58
H.F. _____ is appropriated from the general fund of the state to the 1 Iowa ethics and campaign disclosure board for the fiscal year 2 beginning July 1, 2010, and ending June 30, 2011, the following 3 amount, or so much thereof as is necessary, for the purposes 4 designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,256 9 475,608 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 11 4.00 12 Sec. 19. 2010 Iowa Acts, chapter 1193, section 29, is 13 amended to read as follows: 14 SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 15 INFORMATION TECHNOLOGY. There is appropriated from the general 16 fund of the state to the department of administrative services 17 for the fiscal year beginning July 1, 2010, and ending June 30, 18 2011, the following amount, or so much thereof as is necessary, 19 to be used for the purposes designated: 20 For implementing 2010 Iowa Acts, Senate File 2088, division 21 I, including salaries, support, maintenance, and miscellaneous 22 purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 24 1. For the period beginning on the effective date of this 25 section through June 30, 2011, the department of administrative 26 services shall be subject to a limitation on expenditures made 27 for information technology procurement equal to 50 percent 28 of the unexpended or unencumbered amount remaining from the 29 appropriation made in this section, as of the effective date of 30 this section. 31 2. Notwithstanding any provision to the contrary, 32 commencing with the fiscal year beginning July 1, 2011, the 33 department of management shall designate the department of 34 administrative services as the provider for information 35 -9- LSB 1319YC (53) 84 tm/jp 9/ 58
H.F. _____ technology services for purposes of providing such services to 1 agencies and other governmental entities with the following 2 exceptions: 3 a. The office of the governor or the office of an elective 4 constitutional or statutory officer. 5 b. The general assembly, or any office or unit under its 6 administrative authority. 7 c. The judicial branch, as provided in section 602.1102. 8 d. A political subdivision of the state or its offices 9 or units, including but not limited to a county, city, or 10 community college. 11 e. The state board of regents and institutions operated 12 under the authority of the state board of regents. 13 f. The department of public defense, including both the 14 military division and the homeland security and emergency 15 management division. 16 3. Pursuant to the procedures provided in section 8A.202, 17 an agency or other governmental entity may seek a waiver from 18 receiving information technology services from the department 19 of administrative services. 20 Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this 21 Act, being deemed of immediate importance, takes effect upon 22 enactment. 23 DIVISION IV 24 AGRICULTURE AND NATURAL RESOURCES 25 Sec. 21. DEPARTMENT OF NATURAL RESOURCES —— REAL PROPERTY 26 ACQUISITION CURTAILED. 27 1. Notwithstanding any provision to the contrary, for the 28 period beginning on the effective date of this section through 29 the close of the fiscal year ending on June 30, 2011, the 30 department of natural resources shall not enter into a new 31 arrangement to acquire or otherwise control real property. 32 2. For the purposes of this section, “new arrangement” means 33 an obligation entered into on or after the effective date of 34 this section. An obligation includes but is not limited to 35 -10- LSB 1319YC (53) 84 tm/jp 10/ 58
H.F. _____ an agreement, contract, lease-purchase arrangement, or any 1 other instrument leading to state ownership or control of real 2 property that was not previously owned or controlled by the 3 state. “New arrangement” does not include a real property 4 acquisition or control project for which an appropriation to 5 the department was encumbered prior to the effective date of 6 this section. 7 3. This section, being deemed of immediate importance, 8 takes effect upon enactment. 9 DIVISION V 10 ECONOMIC DEVELOPMENT 11 Sec. 22. STATE RECORDS STORAGE. The department of cultural 12 affairs shall, within six months of the effective date of this 13 section, find different storage space for the storage of state 14 records. 15 Sec. 23. Section 15.108, subsection 5, paragraph c, Code 16 2011, is amended to read as follows: 17 c. Coordinate and develop with the department of 18 transportation, the department of natural resources, the 19 department of cultural affairs, the generation Iowa commission, 20 the vision Iowa board, other state agencies, and local and 21 regional entities public interpretation, marketing, and 22 education programs that encourage Iowans and out-of-state 23 visitors to participate in the recreational and leisure 24 opportunities available in Iowa. The department shall 25 establish and administer a program that helps connect both 26 Iowa residents and residents of other states to new and 27 existing Iowa experiences as a means to enhance the economic, 28 social, and cultural well-being of the state. The program 29 shall include a broad range of new opportunities, both rural 30 and urban, including main street destinations, green space 31 initiatives, and artistic and cultural attractions. 32 Sec. 24. 2010 Iowa Acts, chapter 1184, section 43, is 33 amended to read as follows: 34 SEC. 43. SAVE OUR SMALL BUSINESSES FUND APPROPRIATION. 35 -11- LSB 1319YC (53) 84 tm/jp 11/ 58
H.F. _____ 1. There is appropriated from the school infrastructure 1 fund created in section 12.82 to the department of economic 2 development for deposit in the save our small businesses fund 3 for the fiscal year beginning July 1, 2010, and ending June 30, 4 2011, the following amount, or so much thereof as is necessary, 5 to be used for the purposes designated: 6 For purposes of providing financial assistance under the 7 save our small businesses program under section 15.301: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 9 Of the moneys appropriated pursuant to this section, the 10 department may allocate an amount not to exceed two percent of 11 the moneys appropriated for purposes of retaining the services 12 of an organization designated pursuant to section 15.301, 13 subsection 2, paragraph “b”. 14 2. On the effective date of this section of this 2011 Iowa 15 Act, any unobligated and unencumbered moneys appropriated in 16 this section shall revert to the school infrastructure fund. 17 Sec. 25. 2010 Iowa Acts, chapter 1186, section 1, subsection 18 11, is amended to read as follows: 19 11. For membership in North America’s supercorridor 20 coalition: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 22 Beginning July 1, 2011, the department shall not renew 23 membership in North America’s supercorridor coalition. 24 Sec. 26. REPEAL. Sections 15.300 and 15.301, Code 2011, 25 are repealed. 26 Sec. 27. REPEAL. Section 15.421, Code 2011, is repealed. 27 Sec. 28. GREAT PLACES PROGRAM. 28 1. For the period beginning on the effective date of this 29 section through the close of the fiscal year ending on June 30, 30 2011, the department of cultural affairs shall be subject to a 31 limitation on expenditures made on or after the effective date 32 of this section for purposes of the great places program in 33 accordance with this section. 34 2. The limitation shall be equal to any unexpended or 35 -12- LSB 1319YC (53) 84 tm/jp 12/ 58
H.F. _____ unencumbered amount that the department has budgeted or 1 otherwise designated for purposes of the great places program, 2 from the appropriations made for the fiscal year beginning July 3 1, 2010, and ending June 30, 2011, to the department from all 4 sources, as of the effective date of this section. 5 Sec. 29. LOANS —— CONTINUED EFFECT. Loans awarded from 6 the save our small business fund pursuant to section 15.301, 7 prior to the effective date of this section, shall continue as 8 provided by the terms of the loans and shall be administered by 9 the department of economic development. 10 Sec. 30. EFFECTIVE UPON ENACTMENT. This division of this 11 Act, being deemed of immediate importance, takes effect upon 12 enactment. 13 DIVISION VI 14 EDUCATION 15 Sec. 31. 2010 Iowa Acts, chapter 1183, section 6, subsection 16 1, is amended to read as follows: 17 1. GENERAL ADMINISTRATION 18 For salaries, support, maintenance, miscellaneous purposes, 19 and for not more than the following full-time equivalent 20 positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,096,482 22 7,037,482 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 83.67 24 Sec. 32. 2010 Iowa Acts, chapter 1183, section 6, subsection 25 17, is amended to read as follows: 26 17. CORE CURRICULUM AND CAREER INFORMATION AND 27 DECISION-MAKING SYSTEM 28 For purposes of implementing the statewide core curriculum 29 for school districts and accredited nonpublic schools and a 30 state-designated career information and decision-making system: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,901,556 32 75,556 33 It is the intent of the general assembly that the 34 standing committees on education of the senate and house of 35 -13- LSB 1319YC (53) 84 tm/jp 13/ 58
H.F. _____ representatives shall consider and propose legislation to amend 1 Iowa law regarding the statewide core curriculum, to take 2 effect on or before July 1, 2011. 3 UNIVERSITY OF IOWA 4 Sec. 33. 2010 Iowa Acts, chapter 1183, section 10, 5 subsection 2, paragraph a, is amended to read as follows: 6 a. General university, including lakeside laboratory 7 For salaries, support, maintenance, equipment, miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,638,034 11 215,732,011 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5,058.55 13 IOWA STATE UNIVERSITY 14 Sec. 34. 2010 Iowa Acts, chapter 1183, section 10, 15 subsection 3, paragraph a, is amended to read as follows: 16 a. General university 17 For salaries, support, maintenance, equipment, miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 170,536,017 21 170,386,017 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3,647.42 23 UNIVERSITY OF NORTHERN IOWA 24 Sec. 35. 2010 Iowa Acts, chapter 1183, section 10, 25 subsection 4, paragraph a, is amended to read as follows: 26 a. General university 27 For salaries, support, maintenance, equipment, miscellaneous 28 purposes, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,549,809 31 77,470,734 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,447.50 33 Sec. 36. LIBRARY ACQUISITION AND INFORMATION TECHNOLOGY 34 EXPENDITURES —— STATE BOARD OF REGENTS. 35 -14- LSB 1319YC (53) 84 tm/jp 14/ 58
H.F. _____ 1. For the period beginning on the effective date of this 1 section through the close of the fiscal year ending on June 2 30, 2011, the state board of regents shall be subject to a 3 limitation on expenditures made on or after the effective date 4 of this section for library acquisitions at all libraries, and 5 for information technology at the university of Iowa, the Iowa 6 state university of science and technology, and the university 7 of northern Iowa. 8 2. The limitation shall be equal to 50 percent of the 9 unexpended or unencumbered amount that the state board of 10 regents has budgeted or otherwise designated for purposes of 11 library acquisitions, and for information technology from 12 the appropriations made to the state board of regents from 13 all sources, as of the effective date of this section. The 14 appropriations made for such universities from the general 15 fund of the state in 2010 Iowa Acts, chapter 1183, section 10, 16 have been reduced in this Act to reflect the limitation on 17 expenditures required by this section. 18 Sec. 37. LIBRARY ACQUISITION FUNDING —— DEPARTMENT OF 19 EDUCATION —— STATE LIBRARY. 20 1. For the period beginning on the effective date of this 21 section through the close of the fiscal year ending on June 22 30, 2011, the department of education shall be subject to a 23 limitation on expenditures made on or after the effective date 24 of this section for library acquisitions at the state library 25 including digital acquisitions. 26 2. The limitation shall be equal to 50 percent of the 27 unexpended or unencumbered amount that the department of 28 education has budgeted or otherwise designated for purposes of 29 library acquisitions, including digital acquisitions, from the 30 appropriations made to the department from all sources, as of 31 the effective date of this section. 32 Sec. 38. REGENTS UNIVERSITY LEAVE LIMITATION. For the 33 period beginning on the effective date of this section and 34 ending June 30, 2012, the state board of regents shall not 35 -15- LSB 1319YC (53) 84 tm/jp 15/ 58
H.F. _____ approve paid leaves of absence granted pursuant to section 1 262.9, subsection 14, for any faculty member. 2 Sec. 39. STATEWIDE VOLUNTARY PRESCHOOL. It is the intent 3 of the general assembly to fill the needs addressed by the 4 statewide preschool program for four-year-old children repealed 5 by this division by expanding the preschool tuition assistance 6 provided as part of the school ready children grant program 7 administered through the early childhood Iowa initiative under 8 chapter 256I. 9 Sec. 40. TUITION GRANT PROGRAM REVISIONS —— REGENTS 10 ADMINISTRATIVE FUNCTIONS. 11 1. The standing committees on education of the senate and 12 house of representatives shall recommend legislation to be 13 effective July 1, 2011, revising the tuition grant program 14 provisions administered by the college student aid commission 15 under chapter 261 so that the annual grant amount awarded under 16 the program is determined after the other aid available to 17 the student has been determined. The committees shall also 18 consider providing tuition grants based upon a sliding scale 19 that provides greater amounts for those with lower incomes 20 and lesser amounts for those with greater incomes. The joint 21 appropriations subcommittee on education shall consider such 22 legislation in recommending an amount to appropriate for 23 tuition grants for fiscal year 2011-2012. 24 2. The joint appropriations subcommittee on education shall 25 implement provisions to consolidate administrative functions at 26 the state board of regents and the institutions under the board 27 in order to reduce the amount that would otherwise be budgeted 28 for administrative functions for the fiscal year beginning July 29 1, 2011, and each fiscal year thereafter. 30 Sec. 41. Section 237A.21, subsection 3, paragraph p, Code 31 2011, is amended by striking the paragraph. 32 Sec. 42. Section 237A.22, subsection 1, paragraphs f and g, 33 Code 2011, are amended to read as follows: 34 f. Make recommendations for improving collaborations between 35 -16- LSB 1319YC (53) 84 tm/jp 16/ 58
H.F. _____ the child care programs involving the department and programs 1 supporting the education and development of young children 2 including but not limited to the federal head start program , 3 the statewide preschool program for four-year-old children 4 and the early childhood, at-risk, and other early education 5 programs administered by the department of education. 6 g. Make recommendations for eliminating duplication and 7 otherwise improving the eligibility determination processes 8 used for the state child care assistance program and other 9 programs supporting low-income families, including but not 10 limited to the federal head start, early head start, and even 11 start programs; the early childhood, at-risk, and preschool 12 prekindergarten programs administered by the department of 13 education; the family and self-sufficiency grant program; and 14 the family investment program. 15 Sec. 43. Section 256.11, subsection 1, paragraph c, Code 16 2011, is amended by striking the paragraph. 17 Sec. 44. Section 257.16, subsection 1, Code 2011, is amended 18 to read as follows: 19 1. There is appropriated each year from the general fund 20 of the state an amount necessary to pay the foundation aid 21 under this chapter , the preschool foundation aid under chapter 22 256C , supplementary aid under section 257.4, subsection 2 , and 23 adjusted additional property tax levy aid under section 257.15, 24 subsection 4 . 25 Sec. 45. Section 257.35, Code 2011, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 28 addition to the reduction applicable pursuant to subsection 29 2, the state aid for area education agencies and the portion 30 of the combined district cost calculated for these agencies 31 for the fiscal year beginning July 1, 2010, and ending June 32 30, 2011, and subsequent fiscal years, shall be reduced by the 33 department of management by ten million dollars. The reduction 34 for each area education agency shall be prorated based on the 35 -17- LSB 1319YC (53) 84 tm/jp 17/ 58
H.F. _____ reduction that the agency received in the fiscal year beginning 1 July 1, 2003. 2 Sec. 46. Section 272.2, subsection 18, Code 2011, is amended 3 to read as follows: 4 18. May adopt rules for practitioners who are not eligible 5 for a statement of professional recognition under subsection 6 10 , but have received a baccalaureate degree and provide a 7 service to students at any or all levels from prekindergarten 8 through grade twelve for a school district, accredited 9 nonpublic school, or area education agency , or preschool 10 program established pursuant to chapter 256C . 11 Sec. 47. Section 285.1, subsection 1, paragraph a, 12 subparagraph (3), Code 2011, is amended to read as follows: 13 (3) Children attending prekindergarten programs offered or 14 sponsored by the district or nonpublic school and approved by 15 the department of education or department of human services 16 or children participating in preschool in an approved local 17 program under chapter 256C may be provided transportation 18 services. However, transportation services provided to 19 nonpublic school children are not eligible for reimbursement 20 under this chapter . 21 Sec. 48. REPEAL. Chapter 256C, Code 2011, is repealed. 22 Sec. 49. EFFECTIVE DATES. 23 1. The sections of this division of this Act amending Code 24 sections 237A.21, 237A.22, 256.11, 257.16, 257.35, 272.2, and 25 285.1 and repealing Code chapter 256C, take effect July 1, 26 2011, and apply to budget years beginning on or after July 1, 27 2011. 28 2. The provisions of this division of this Act other than 29 those addressed by subsection 1, being deemed of immediate 30 importance, take effect upon enactment. 31 DIVISION VII 32 HEALTH AND HUMAN SERVICES 33 Sec. 50. Section 217.6, Code 2011, is amended by adding the 34 following new unnumbered paragraph: 35 -18- LSB 1319YC (53) 84 tm/jp 18/ 58
H.F. _____ NEW UNNUMBERED PARAGRAPH . The rules and regulations 1 adopted for the public benefits and programs administered by 2 the department of human services shall apply the residency 3 eligibility restrictions required by federal and state law. 4 Sec. 51. DEPARTMENT ON AGING —— PLAN FOR REDUCTION IN 5 NUMBER OF AREA AGENCIES ON AGING. The department on aging 6 shall develop a plan for reducing the number of area agencies 7 on aging in the state to not more than five, to be effective 8 beginning July 1, 2011. The department shall submit the plan 9 to the standing committees on human resources of the senate 10 and house of representatives and the joint appropriations 11 subcommittee on health and human services on or before February 12 25, 2011. 13 Sec. 52. JOINT APPROPRIATIONS SUBCOMMITTEE ON HEALTH 14 AND HUMAN SERVICES. The joint appropriations subcommittee 15 on health and human services shall develop and include in 16 appropriations legislation a new reimbursement methodology for 17 juvenile shelter care providers for use beginning July 1, 2011. 18 The new reimbursement methodology shall end the practice of 19 providing reimbursement for unused shelter care beds. 20 HEALTH CARE COVERAGE COMMISSION 21 Sec. 53. 2009 Iowa Acts, chapter 183, section 65, subsection 22 3, is amended to read as follows: 23 3. There is appropriated from the human services 24 reinvestment fund for the fiscal year beginning July 1, 2009, 25 and ending June 30, 2010, the following amount to be used for 26 the following designated purpose: 27 For the legislative services agency to be used for costs 28 associated with the legislative health care coverage commission 29 created in 2009 Iowa Acts, Senate File 389, if enacted, or a 30 similar legislative commission: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 315,000 32 148,000 33 Notwithstanding section 8.33, moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -19- LSB 1319YC (53) 84 tm/jp 19/ 58
H.F. _____ of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated until the close of 2 the fiscal year that begins July 1, 2010. 3 ADDICTIVE DISORDERS 4 Sec. 54. 2010 Iowa Acts, chapter 1192, section 2, subsection 5 1, unnumbered paragraph 1, is amended to read as follows: 6 For reducing the prevalence of use of tobacco, alcohol, and 7 other drugs, and treating individuals affected by addictive 8 behaviors, including gambling, and for not more than the 9 following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,974,840 11 26,574,840 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.00 13 Sec. 55. 2010 Iowa Acts, chapter 1192, section 2, subsection 14 1, paragraph a, is amended to read as follows: 15 a. Of the funds appropriated in this subsection, $7,438,282 16 $5,038,282 shall be used for the tobacco use prevention and 17 control initiative, including efforts at the state and local 18 levels, as provided in chapter 142A. 19 (1) The director of public health shall dedicate sufficient 20 resources to promote and ensure retailer compliance with 21 tobacco laws and ordinances relating to persons under 18 22 years of age, and shall prioritize the state’s compliance in 23 the allocation of available funds to comply with 42 U.S.C. 24 § 300x-26 and section 453A.2. 25 (2) Of the full-time equivalent positions authorized in 26 this subsection, 2.00 full-time equivalent positions shall 27 be utilized to provide for enforcement of tobacco laws, 28 regulations, and ordinances. 29 (3) Of the funds allocated in this lettered paragraph, 30 $1,796,508 $1,197,672 shall be used for youth programs designed 31 to achieve the goals of the initiative, that are directed by 32 youth participants for youth pursuant to section 142A.9. 33 (4) For the period beginning on the effective date of 34 this subparagraph through the close of the fiscal year ending 35 -20- LSB 1319YC (53) 84 tm/jp 20/ 58
H.F. _____ on June 30, 2011, except for activities provided during the 1 period through a contract or other legally binding obligation 2 entered into prior to the period that cannot be canceled 3 without penalty, the department shall cancel smoking cessation 4 and prevention efforts funded in whole or in part under this 5 paragraph “a”. The efforts subject to this subparagraph 6 shall include but are not limited to the just eliminate 7 lies initiative and other expenditures relating to the youth 8 programs addressed in subparagraph (3) and the quitline 9 Iowa initiative. The joint appropriations subcommittee on 10 health and human services, in consultation with the standing 11 committees on human resources of the senate and house of 12 representatives, shall recommend legislation to revise the 13 youth programs addressed by subparagraph (3) effective July 1, 14 2011, in order to eliminate unnecessary, wasteful expenditures. 15 HEALTHY CHILDREN AND FAMILIES 16 Sec. 56. 2010 Iowa Acts, chapter 1192, section 2, subsection 17 4, unnumbered paragraph 1, is amended to read as follows: 18 For strengthening the health care delivery system at the 19 local level, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,503,037 22 5,398,037 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 24 Sec. 57. 2010 Iowa Acts, chapter 1192, section 2, subsection 25 4, paragraph h, subparagraph (1), amended to read as follows: 26 (1) Of the funds appropriated in this subsection, $180,000 27 $120,000 shall be used for continued implementation of 28 the recommendations of the direct care worker task force 29 established pursuant to, based upon the report submitted to 30 the governor and the general assembly in December 2006. The 31 department may use a portion of the funds allocated in this 32 paragraph for an additional position to assist in the continued 33 implementation. 34 Sec. 58. 2010 Iowa Acts, chapter 1192, section 2, subsection 35 -21- LSB 1319YC (53) 84 tm/jp 21/ 58
H.F. _____ 4, paragraph i, subparagraph (1), is amended to read as 1 follows: 2 (1) Of the funds appropriated in this subsection, $135,000 3 $90,000 shall be used for allocation to an independent 4 statewide direct care worker association for education, 5 outreach, leadership development, mentoring, and other 6 initiatives intended to enhance the recruitment and retention 7 of direct care workers in health and long-term care. 8 HEALTHY AGING —— PUBLIC PROTECTION 9 Sec. 59. 2010 Iowa Acts, chapter 1192, section 2, 10 subsections 5 and 8, are amended to read as follows: 11 5. HEALTHY AGING 12 To provide public health services that reduce risks and 13 invest in promoting and protecting good health over the 14 course of a lifetime with a priority given to older Iowans and 15 vulnerable populations: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,045,779 17 7,745,779 18 a. Of the funds appropriated in this subsection, $2,209,696 19 $2,127,316 shall be used for local public health nursing 20 services. 21 b. Of the funds appropriated in this subsection, $5,836,083 22 5,618,463 shall be used for home care aide services. 23 8. PUBLIC PROTECTION 24 For protecting the health and safety of the public through 25 establishing standards and enforcing regulations, and for not 26 more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,287,987 28 3,237,987 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 130.00 30 a. Of the funds appropriated in this subsection, not more 31 than $471,690 shall be credited to the emergency medical 32 services fund created in section 135.25. Moneys in the 33 emergency medical services fund are appropriated to the 34 department to be used for the purposes of the fund. 35 -22- LSB 1319YC (53) 84 tm/jp 22/ 58
H.F. _____ b. Of the funds appropriated in this subsection, $234,229 1 shall be used for sexual violence prevention programming 2 through a statewide organization representing programs serving 3 victims of sexual violence through the department’s sexual 4 violence prevention program. The amount allocated in this 5 lettered paragraph shall not be used to supplant funding 6 administered for other sexual violence prevention or victims 7 assistance programs. 8 c. Of the funds appropriated in this subsection, not more 9 than $485,520 shall be used for the state poison control 10 center. 11 d. Of the funds appropriated in this subsection, $50,000 12 shall be used for education, testing, training, and other costs 13 to conform the requirements for certification of emergency 14 medical care providers with national standards. 15 FAMILY PLANNING WAIVER 16 Sec. 60. 2010 Iowa Acts, chapter 1192, section 11, 17 subsection 24, is amended to read as follows: 18 24. a. The department of human services shall amend 19 the medical assistance waiver for the Iowa family planning 20 network to continue the current waiver with the following 21 modifications, to be effective July 1, 2011 as soon as 22 federal approval can be obtained , which provide for all of the 23 following: 24 (1) Coverage for women who meet all of the following 25 criteria: 26 (a) Are uninsured or have health insurance coverage that 27 does not include coverage for benefits provided under the Iowa 28 family planning network. 29 (b) Have income of up to 300 133 percent of the federal 30 poverty level. 31 (c) Are under 55 years of age. 32 (2) Coverage of pregnancy prevention services for men who 33 meet the income, age, and insurance coverage specifications 34 described in subparagraph (1). 35 -23- LSB 1319YC (53) 84 tm/jp 23/ 58
H.F. _____ b. Implementation of this subsection is contingent upon 1 approval of the medical assistance waiver for the Iowa family 2 planning network by the centers for Medicare and Medicaid 3 services of the United States department of health and human 4 services and upon availability of funding as determined by the 5 director of the department of human services. 6 c. Of the funds appropriated in this section, $25,000 shall 7 be used for administrative costs for renewal and modification 8 of the Iowa family planning network waivers as provided in this 9 subsection. 10 CHILD AND FAMILY SERVICES —— SHELTER CARE 11 Sec. 61. 2010 Iowa Acts, chapter 1192, section 19, 12 subsection 1, is amended to read as follows: 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2010, and ending June 30, 2011, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For child and family services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,593,023 20 79,127,023 21 Sec. 62. 2010 Iowa Acts, chapter 1192, section 19, 22 subsection 7, paragraph a, is amended to read as follows: 23 a. Notwithstanding section 234.35 or any other provision 24 of law to the contrary, state funding for shelter care shall 25 be limited to $7,894,147 $7,428,147 . The department may 26 continue or amend shelter care provider contracts to include 27 the child welfare emergency services for children that were 28 implemented pursuant to 2008 Iowa Acts, chapter 1187, section 29 16, subsection 7. An appropriate amount of the funds allocated 30 in this subsection may be used for wraparound and emergency 31 services to prevent the need for shelter care services, 32 including such services for children who have an immediate 33 need for shelter care services but are ineligible due to 34 income, status, or other requirement. The funding shall be 35 -24- LSB 1319YC (53) 84 tm/jp 24/ 58
H.F. _____ expended by providers in a manner that does not impinge upon 1 the availability of beds for eligible children. 2 Sec. 63. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION VIII 6 INFRASTRUCTURE AND TRANSPORTATION 7 Sec. 64. LIVING ROADWAY TRUST FUND. 8 1. For the period beginning on the effective date of this 9 section through the close of the fiscal year ending on June 10 30, 2011, the department of transportation shall be subject to 11 a limitation on expenditures made on or after the effective 12 date of this section for purposes of the integrated roadside 13 vegetation management coordinator and support as described in 14 section 314.21, subsection 3, paragraph “a”, subparagraph (1), 15 in accordance with this section. 16 2. The limitation shall be equal to any unexpended or 17 unencumbered amount that the department has budgeted or 18 otherwise designated for purposes of section 314.21, subsection 19 3, paragraph “a”, subparagraph (1), from the moneys allocated 20 for the fiscal year beginning July 1, 2010, and ending June 30, 21 2011, to the department from all sources, as of the effective 22 date of this section. 23 Sec. 65. Section 16.194A, subsection 2, Code 2011, is 24 amended by striking the subsection. 25 Sec. 66. Section 28I.4, subsection 1, Code 2011, is amended 26 to read as follows: 27 1. The commission shall have the power and duty to make 28 comprehensive studies and plans for the development of the 29 area it serves which will guide the unified development of 30 the area and which will eliminate planning duplication and 31 promote economy and efficiency in the coordinated development 32 of the area and the general welfare, convenience, safety, and 33 prosperity of its people. The plan or plans collectively 34 shall be known as the regional or metropolitan development 35 -25- LSB 1319YC (53) 84 tm/jp 25/ 58
H.F. _____ plan. The plans for the development of the area may include 1 but shall not be limited to recommendations with respect to 2 existing and proposed highways, bridges, airports, streets, 3 parks and recreational areas, schools and public institutions 4 and public utilities, public open spaces, and sites for public 5 buildings and structures; districts for residence, business, 6 industry, recreation, agriculture, and forestry; water supply, 7 sanitation, drainage, protection against floods and other 8 disasters; areas for housing developments, slum clearance 9 and urban renewal and redevelopment; location of private 10 and public utilities, including but not limited to sewerage 11 and water supply systems; and such other recommendations 12 concerning current and impending problems as may affect the 13 area served by the commission. Time and priority schedules and 14 cost estimates for the accomplishment of the recommendations 15 may also be included in the plans. The plans shall be made 16 with consideration of the smart planning principles under 17 section 18B.1 . The plans shall be based upon and include 18 appropriate studies of the location and extent of present 19 and anticipated populations; social, physical, and economic 20 resources, problems and trends; and governmental conditions and 21 trends. The commission is also authorized to make surveys, 22 land-use studies, and urban renewal plans, provide technical 23 services and other planning work for the area it serves and 24 for cities, counties, and other political subdivisions in the 25 area. A plan or plans of the commission may be adopted, added 26 to, and changed from time to time by a majority vote of the 27 planning commission. The plan or plans may in whole or in part 28 be adopted by the governing bodies of the cooperating cities 29 and counties as the general plans of such cities and counties. 30 The commission may also assist the governing bodies and other 31 public authorities or agencies within the area it serves 32 in carrying out any regional plan or plans, and assist any 33 planning commission, board or agency of the cities and counties 34 and political subdivisions in the preparation or effectuation 35 -26- LSB 1319YC (53) 84 tm/jp 26/ 58
H.F. _____ of local plans and planning consistent with the program of the 1 commission. The commission may cooperate and confer, as far as 2 possible, with planning agencies of other states or of regional 3 groups of states adjoining its area. 4 Sec. 67. Section 329.3, Code 2011, is amended to read as 5 follows: 6 329.3 Zoning regulations —— powers granted. 7 Every municipality having an airport hazard area within 8 its territorial limits may adopt, administer, and enforce 9 in the manner and upon the conditions prescribed by this 10 chapter , zoning regulations for such airport hazard area, 11 which regulations may divide such area into zones and, within 12 such zones, specify the land uses permitted, and regulate 13 and restrict, for the purpose of preventing airport hazards, 14 the height to which structures and trees may be erected or 15 permitted to grow. Regulations adopted under this chapter 16 shall be made with consideration of the smart planning 17 principles under section 18B.1 . 18 Sec. 68. Section 335.5, subsections 3 and 4, Code 2011, are 19 amended by striking the subsections. 20 Sec. 69. Section 335.8, subsection 2, Code 2011, is amended 21 by striking the subsection. 22 Sec. 70. Section 414.3, subsections 3 and 4, Code 2011, are 23 amended by striking the subsections. 24 Sec. 71. Section 414.6, subsection 2, Code 2011, is amended 25 by striking the subsection. 26 Sec. 72. REPEAL. Chapter 18B, Code 2011, is repealed. 27 Sec. 73. REPEAL. 2010 Iowa Acts, chapter 1184, section 25, 28 is repealed. 29 Sec. 74. RECISION OF AWARDS. Any award to a city or county 30 that applies smart planning principles and guidelines pursuant 31 to sections 18B.1 and 18B.2, Code 2011, granted from moneys 32 appropriated pursuant to 2010 Iowa Acts, chapter 1184, section 33 10, subsection 4, paragraph “b”, for which a contract has 34 not been entered into by the effective date of this section, 35 -27- LSB 1319YC (53) 84 tm/jp 27/ 58
H.F. _____ shall be rescinded. The Iowa jobs board shall not award any 1 additional such grants on or after the effective date of this 2 section. 3 Sec. 75. 2010 Iowa Acts, chapter 1184, section 1, subsection 4 1, paragraph c, unnumbered paragraph 1, is amended to read as 5 follows: 6 For the state’s share of support in conjunction with the 7 city of Des Moines and local area businesses to provide a 8 free shuttle service to the citizens of Iowa that includes 9 transportation between the capitol complex and the downtown 10 Des Moines area, notwithstanding section 8.57, subsection 6 , 11 paragraph “c”: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 13 125,000 14 Sec. 76. 2010 Iowa Acts, chapter 1184, section 1, subsection 15 7, paragraph c, is amended to read as follows: 16 c. For costs associated with the hiring and employment of an 17 asset manager at Honey creek resort state park, notwithstanding 18 section 8.57, subsection 6, paragraph “c”: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 20 26,200 21 The department shall issue a request for proposals to 22 competitively procure the services of an asset manager which 23 shall be selected by the natural resource commission. The 24 asset manager shall have hospitality management experience 25 of at least five years including at least three years asset 26 management experience in a setting similar in size and quality 27 to the Honey creek resort state park with a similar type of 28 market. The duties and job responsibilities of the asset 29 manager shall include but are not limited to reviewing and 30 commenting on the resort’s sales and marketing plan, providing 31 for the operation of the resort in a manner consistent with 32 the requirements and limitations set forth in the resort’s 33 operating agreement, monitoring and supervising the resort 34 including site visits, and negotiating and recommending an 35 -28- LSB 1319YC (53) 84 tm/jp 28/ 58
H.F. _____ annual operating budget and budget plan. The asset manager 1 shall report to bond counsel, the governor, the Honey creek 2 authority, the department of natural resources, and the 3 legislative services agency. 4 Sec. 77. 2009 Iowa Acts, chapter 184, section 1, subsection 5 12, paragraph a, as amended by 2010 Iowa Acts, chapter 1184, 6 section 71, is amended to read as follows: 7 a. For deposit in the passenger rail service revolving 8 fund created in section 327J.2, notwithstanding section 8.57, 9 subsection 6, paragraph “c”: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 11 302,007 12 Sec. 78. 2010 Iowa Acts, chapter 1184, section 2, subsection 13 3, is amended to read as follows: 14 3. DEPARTMENT OF TRANSPORTATION 15 For deposit into the passenger rail service revolving 16 fund created in section 327J.2 for matching federal funding 17 available through the federal Passenger Rail Investment 18 and Improvement Act of 2008 for passenger rail service, 19 notwithstanding section 8.57, subsection 6, paragraph “c”: 20 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 21 0 22 It is the intent of the general assembly to fund up to 23 $20 million over a four-year period to fully fund the state 24 commitment for matching federal funding available through the 25 federal Passenger Rail Investment and Improvement Act of 2008. 26 Sec. 79. 2010 Iowa Acts, chapter 1184, section 16, is 27 amended to read as follows: 28 SEC. 16. There is appropriated from the Iowa comprehensive 29 petroleum underground storage tank fund to the department of 30 transportation for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, the following amount, or so much thereof 32 as is necessary, to be used for the purposes designated: 33 Notwithstanding section 455G.3, subsection 1, for deposit in 34 the passenger rail service revolving fund created in section 35 -29- LSB 1319YC (53) 84 tm/jp 29/ 58
H.F. _____ 327J.2: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 2 500,000 3 Such funds shall be coupled with the remaining unobligated 4 balance of up to one million five hundred thousand dollars from 5 the appropriation made in 2009 Iowa Acts, chapter 184, section 6 1, subsection 12, paragraph “a”, for a total commitment of 7 three million five hundred thousand dollars for the fiscal year 8 beginning July 1, 2010, and ending June 30, 2011, for matching 9 federal funding available through the Passenger Rail Investment 10 and Improvement Act of 2008. 11 Sec. 80. 2008 Iowa Acts, chapter 1179, section 1, subsection 12 13, paragraph c, as amended by 2009 Iowa Acts, chapter 184, 13 section 22, is amended by striking the paragraph. 14 Sec. 81. EFFECTIVE UPON ENACTMENT. This division of this 15 Act, being deemed of immediate importance, takes effect upon 16 enactment. 17 DIVISION IX 18 JUSTICE SYSTEM 19 Sec. 82. CONSOLIDATION OF CHIEF JUVENILE COURT OFFICER 20 POSITION. The judiciary committees of the senate and house of 21 representatives shall recommend legislation to be effective 22 July 1, 2011, providing for a single chief juvenile court 23 officer position for the state instead of a chief officer for 24 each judicial district. The joint appropriations subcommittee 25 on the justice system shall consider such legislation in 26 recommending an amount to appropriate for the judicial branch 27 for fiscal year 2011-2012. 28 Sec. 83. 2010 Iowa Acts, chapter 1185, section 1, subsection 29 1, paragraph a, is amended by adding the following new 30 unnumbered paragraph: 31 NEW UNNUMBERED PARAGRAPH . In cases that are not considered 32 unusually complicated pursuant to the rules adopted by the 33 state public defender where either the state public defender 34 approves a claim in excess of a fee limitation established 35 -30- LSB 1319YC (53) 84 tm/jp 30/ 58
H.F. _____ under section 13B.4, subsection 4, or upon the court ordering 1 the state public defender to approve such a claim in excess 2 of the fee limitations, an amount equal to the portion of the 3 claim in excess of the fee limitation approved by the state 4 public defender or ordered by the court shall be transferred 5 by the judicial branch from the moneys appropriated in this 6 lettered paragraph to the revolving fund created in section 7 602.1302. Notwithstanding section 602.1302, the judicial 8 branch shall transfer moneys credited to the revolving fund 9 pursuant to this unnumbered paragraph to the state public 10 defender to be credited to the indigent defense fund created 11 in section 815.11. Moneys credited to the indigent defense 12 fund pursuant to this unnumbered paragraph shall be used to 13 reimburse the state public defender by applying the same 14 procedures used to reimburse the state public defender for 15 attorney fees paid pursuant to section 600A.6B. 16 Sec. 84. 2010 Iowa Acts, chapter 1190, section 10, is 17 amended to read as follows: 18 SEC. 10. STATE PUBLIC DEFENDER. There is appropriated from 19 the general fund of the state to the office of the state public 20 defender of the department of inspections and appeals for the 21 fiscal year beginning July 1, 2010, and ending June 30, 2011, 22 the following amounts, or so much thereof as is necessary, to 23 be allocated as follows for the purposes designated: 24 1. For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,743,182 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 203.00 29 2. For the fees of court-appointed attorneys for indigent 30 adults and juveniles, in accordance with section 232.141 and 31 chapter 815: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,680,929 33 31,680,929 34 Sec. 85. EFFECTIVE UPON ENACTMENT. This division of this 35 -31- LSB 1319YC (53) 84 tm/jp 31/ 58
H.F. _____ Act, being deemed of immediate importance, takes effect upon 1 enactment. 2 DIVISION X 3 POWER FUND —— OFFICE OF ENERGY INDEPENDENCE 4 Sec. 86. REPEAL. Chapter 469, Code 2011, is repealed. 5 Sec. 87. TRANSITION PROVISIONS —— DEPARTMENTAL 6 AUTHORITY. Beginning on the effective date of this section, 7 the department of natural resources shall assume the duties of 8 the office of energy independence until otherwise determined 9 by the general assembly. During the 2011 session of the 10 Eighty-fourth General Assembly, the joint appropriations 11 subcommittee on agriculture and natural resources shall include 12 Code provisions relating to the repeal of chapter 469 and the 13 transfer of departmental authority from the office of energy 14 independence to another state entity in a proposed committee 15 on appropriations bill. 16 Sec. 88. TRANSITION PROVISIONS —— CONTINUATION OF GRANTS. 17 1. Any moneys remaining in any account or fund under the 18 control of the office of energy independence on the effective 19 date of this division relative to the provisions of this 20 division shall be transferred to a comparable fund or account 21 under the control of the department of natural resources for 22 such purposes, until otherwise determined by the general 23 assembly. Notwithstanding section 8.33, the moneys transferred 24 in accordance with this subsection shall not revert to the 25 account or fund from which appropriated or transferred. 26 2. Any license, permit, or contract issued or entered 27 into by the office of energy independence relative to the 28 provisions of this division in effect on the effective date 29 of this division shall continue in full force and effect 30 pending transfer of such licenses, permits, or contracts to the 31 department of natural resources, until otherwise determined by 32 the general assembly. 33 3. Grants or loans awarded from the Iowa power fund pursuant 34 to section 469.9 prior to the effective date of this division 35 -32- LSB 1319YC (53) 84 tm/jp 32/ 58
H.F. _____ shall continue as provided by the terms of the grants or 1 loans and shall be administered by the department of natural 2 resources, until otherwise determined by the general assembly. 3 4. Federal funds utilized by the director of the office 4 of energy independence prior to the effective date of this 5 division to employ personnel necessary to administer the 6 provisions of this division shall be applicable to the transfer 7 of such personnel from the office of energy independence to 8 the department of natural resources, or other state agency as 9 determined by the general assembly. 10 Sec. 89. EFFECTIVE UPON ENACTMENT. This division of this 11 Act, being deemed of immediate importance, takes effect upon 12 enactment. 13 DIVISION XI 14 REBUILD IOWA OFFICE 15 Sec. 90. Section 16.191, subsection 2, paragraph e, Code 16 2011, is amended to read as follows: 17 e. The executive director of the rebuild Iowa office 18 or the director’s designee until June 30, 2011, and then 19 the administrator of the homeland security and emergency 20 management division of the department of public defense or the 21 administrator’s designee. 22 Sec. 91. Section 29C.20B, subsection 1, Code 2011, is 23 amended to read as follows: 24 1. The rebuild Iowa office shall work with the department 25 of human services and nonprofit, voluntary, and faith-based 26 organizations active in disaster recovery and response 27 in coordination with the homeland security and emergency 28 management division shall work to establish a statewide 29 system of disaster case management to be activated following 30 the governor’s proclamation of a disaster emergency or the 31 declaration of a major disaster by the president of the 32 United States for individual assistance purposes. Under the 33 system, the department of human services shall coordinate 34 case management services locally through local committees as 35 -33- LSB 1319YC (53) 84 tm/jp 33/ 58
H.F. _____ established in each local emergency management commission’s 1 emergency plan. Beginning July 1, 2011, the department of 2 human services shall assume the duties of the rebuild Iowa 3 office under this subsection . 4 Sec. 92. Section 29C.20B, subsection 2, unnumbered 5 paragraph 1, Code 2011, is amended to read as follows: 6 The department of human services, in conjunction with 7 the rebuild Iowa office, the homeland security and emergency 8 management division , and an Iowa representative to the national 9 voluntary organizations active in disaster, shall adopt rules 10 pursuant to chapter 17A to create coordination mechanisms 11 and standards for the establishment and implementation of 12 a statewide system of disaster case management which shall 13 include at least all of the following: 14 Sec. 93. Section 103A.8C, subsection 1, Code 2011, is 15 amended to read as follows: 16 1. The commissioner, after consulting with and receiving 17 recommendations from the department of public defense , and 18 the department of natural resources, and the rebuild Iowa 19 office, shall adopt rules pursuant to chapter 17A specifying 20 standards and requirements for design and construction of safe 21 rooms and storm shelters. In developing these standards, the 22 commissioner shall consider nationally recognized standards. 23 The standards and requirements shall be incorporated into the 24 state building code established in section 103A.7 , but shall 25 not be interpreted to require the inclusion of a safe room or 26 storm shelter in a building construction project unless such 27 inclusion is expressly required by another statute or by a 28 federal statute or regulation. However, if a safe room or 29 storm shelter is included in any building construction project 30 which reaches the design development phase on or after January 31 1, 2011, compliance with the standards developed pursuant to 32 this section shall be required. 33 Sec. 94. Section 466B.3, subsection 4, paragraph n, Code 34 2011, is amended by striking the paragraph. 35 -34- LSB 1319YC (53) 84 tm/jp 34/ 58
H.F. _____ Sec. 95. 2009 Iowa Acts, chapter 169, section 10, subsection 1 6, is amended to read as follows: 2 6. This section is repealed June 30, 2011 on the effective 3 date of this section of this 2011 Iowa Act . 4 Sec. 96. 2010 Iowa Acts, chapter 1189, section 28, is 5 amended to read as follows: 6 SEC. 28. REBUILD IOWA OFFICE. 7 1. There is appropriated from the general fund of the state 8 to the rebuild Iowa office for the fiscal year beginning July 9 1, 2010, and ending June 30, 2011, the following amount, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 647,014 16 531,014 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 18 It is the intent of the general assembly that the rebuild 19 Iowa office shall be repealed effective June 30, 2011, and 20 shall not receive an appropriation from the general fund of the 21 state after that date. 22 2. a. Of the moneys appropriated in this section, $50,000 23 shall be transferred to the homeland security and emergency 24 management division of the department of public defense for 25 purposes of assuming the duties of the rebuild Iowa office. 26 b. For purposes of assuming the duties of the rebuild Iowa 27 office, the homeland security and emergency management division 28 of the department of public defense shall be authorized an 29 additional 0.5 FTEs above those otherwise authorized to the 30 division. 31 c. This subsection shall take effect on the effective date 32 of this section of this 2011 Iowa Act. 33 Sec. 97. REBUILD IOWA OFFICE ELIMINATION —— TRANSFER OF 34 DUTIES. Beginning on the effective date of this division 35 -35- LSB 1319YC (53) 84 tm/jp 35/ 58
H.F. _____ of this Act, the homeland security and emergency management 1 division of the department of public defense shall assume all 2 duties of the rebuild Iowa office. 3 Sec. 98. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 DIVISION XII 7 GROW IOWA VALUES FUND AND PROGRAM 8 Sec. 99. Section 15.103, subsection 6, Code 2011, is amended 9 to read as follows: 10 6. As part of the organizational structure of the 11 department, the board shall establish a due diligence 12 committee and a loan and credit guarantee committee composed 13 of members of the board. The committees shall serve in an 14 advisory capacity to the board and shall carry out any duties 15 assigned by the board in relation to programs administered 16 by the department. The loan and credit guarantee committee 17 shall advise the board on the winding up of loan guarantees 18 made under the loan and credit guarantee program established 19 pursuant to section 15E.224 , Code 2009 , and on the proper 20 amount of the allocation described in section 15G.111, 21 subsection 4 , paragraph “g” . 22 Sec. 100. Section 15.104, subsection 1, Code 2011, is 23 amended by striking the subsection. 24 Sec. 101. Section 15.104, subsection 8, paragraphs b and i, 25 Code 2011, are amended by striking the paragraphs. 26 Sec. 102. Section 15.104, subsection 8, paragraph j, Code 27 2011, is amended to read as follows: 28 j. Renewable fuel programs. A detailed accounting of 29 expenditures in support of renewable fuel infrastructure 30 programs, as provided in sections 15G.203 and 15G.204 . The 31 renewable fuel infrastructure board established in section 32 15G.202 shall approve that portion of the department’s annual 33 report regarding projects supported from the grow Iowa values 34 fund created in section 15G.111 . This paragraph is repealed on 35 -36- LSB 1319YC (53) 84 tm/jp 36/ 58
H.F. _____ July 1, 2012. 1 Sec. 103. Section 15.327, Code 2011, is amended by adding 2 the following new subsections: 3 NEW SUBSECTION . 01. “Base employment level” means the 4 number of full-time equivalent positions at a business, 5 as established by the department and a business using the 6 business’s payroll records, as of the date a business applies 7 for financial assistance under the program. 8 NEW SUBSECTION . 3A. “County wage” means the average hourly 9 compensation rates, excluding the value of nonwage benefits for 10 comparable jobs, from the most recent four quarters of wage 11 and employment information from the quarterly covered wage and 12 employment data report issued by the department of workforce 13 development. 14 NEW SUBSECTION . 7A. “Full-time equivalent position” means 15 a non-part-time position for the number of hours or days per 16 week considered to be full-time work for the kind of service 17 or work performed for an employer. Typically, a full-time 18 equivalent position requires two thousand eighty hours of work 19 in a calendar year, including all paid holidays, vacations, 20 sick time, and other paid leave. 21 NEW SUBSECTION . 7B. “Maintenance period” means the period 22 of time between the project completion date and maintenance 23 period completion date. 24 NEW SUBSECTION . 12A. “Regional wage” means the average 25 hourly compensation rates, excluding the value of nonwage 26 benefits for comparable jobs, from the most recent four 27 quarters of wage and employment information from the quarterly 28 covered wage and employment data report issued by the 29 department of workforce development. 30 Sec. 104. Section 15.327, subsections 1, 4, 7, 8, 10, 12, 31 and 13, Code 2011, are amended by striking the subsections and 32 inserting in lieu thereof the following: 33 1. “Benefit” means nonwage compensation provided to an 34 employee. Benefits typically include medical and dental 35 -37- LSB 1319YC (53) 84 tm/jp 37/ 58
H.F. _____ insurance plans, pension, retirement, and profit-sharing plans, 1 child care services, life insurance coverage, vision insurance 2 coverage, disability insurance coverage, and any other nonwage 3 compensation as determined by the board. 4 4. “Created job” means a new, permanent, full-time 5 equivalent position added to a business’s payroll in excess of 6 the business’s base employment level. 7 7. “Fiscal impact ratio” means a ratio calculated by 8 estimating the amount of taxes to be received from a business 9 by the state and dividing the estimate by the estimated cost 10 to the state of providing certain financial incentives to 11 the business, reflecting a ten-year period of taxation and 12 incentives and expressed in terms of current dollars. For 13 purposes of the program, “fiscal impact ratio” does not include 14 taxes received by political subdivisions. 15 8. “Maintenance period completion date” means the date on 16 which the maintenance period ends. 17 10. “Project completion date” means the date by which 18 a recipient of financial assistance has agreed to meet all 19 the terms and obligations contained in an agreement with the 20 department as described in section 15.330. 21 12. “Qualifying wage threshold” means the county wage or the 22 regional wage, as calculated pursuant to subsections 3A and 23 12A, whichever is lower. 24 13. “Retained job” means a full-time equivalent position, 25 in existence at the time an employer applies for financial 26 assistance which remains continuously filled or authorized 27 to be filled as soon as possible and which is at risk of 28 elimination if the project for which the employer is seeking 29 assistance does not proceed. 30 Sec. 105. Section 15.329, subsection 2, Code 2011, is 31 amended to read as follows: 32 2. A business providing a sufficient package of benefits to 33 each employee holding a created or retained job shall qualify 34 for a credit against the qualifying wage threshold requirements 35 -38- LSB 1319YC (53) 84 tm/jp 38/ 58
H.F. _____ described in subsection 1 , paragraph “c” . The credit shall be 1 calculated and applied in the following manner : described in 2 section 15G.112, subsection 4 , paragraph “b” . 3 a. By multiplying the qualifying wage threshold of 4 the county in which the business is located by one and 5 three-tenths. 6 b. By multiplying the result of paragraph “a” by one-tenth. 7 c. The amount of the result of paragraph “b” shall be 8 credited against the amount of the one hundred thirty percent 9 qualifying wage threshold requirement that the business is 10 required to meet under subsection 1, paragraph “c” . 11 d. The credit shall not be applied against the one hundred 12 percent of qualifying wage threshold requirement described in 13 subsection 1, paragraph “c” . 14 Sec. 106. Section 15.330, subsection 4, Code 2011, is 15 amended to read as follows: 16 4. A project completion date, a maintenance period 17 completion date, the number of jobs to be created or retained, 18 or certain other terms and obligations described in section 19 15G.112, subsection 1 , paragraph “d” an agreement , as the 20 department deems necessary in order to make the requirements in 21 project agreements uniform. The department, with the approval 22 of the board, may adopt rules as necessary for making such 23 requirements uniform. Such rules shall be in compliance with 24 the provisions of this part and with the provisions of chapter 25 15G . 26 Sec. 107. Section 15.335A, subsection 1, unnumbered 27 paragraph 1, Code 2011, is amended to read as follows: 28 Tax incentives are available to eligible businesses as 29 provided in this section . The incentives are based upon the 30 number of jobs created or retained that pay at least one 31 hundred thirty percent of the qualifying wage threshold as 32 computed pursuant to section 15G.112 15.329 , subsection 4 1 , 33 and the amount of the qualifying investment made according to 34 the following schedule: 35 -39- LSB 1319YC (53) 84 tm/jp 39/ 58
H.F. _____ Sec. 108. Section 15.335A, subsection 2, paragraphs b, c, f, 1 and g, Code 2011, are amended by striking the paragraphs. 2 Sec. 109. Section 15.335A, subsection 5, Code 2011, is 3 amended to read as follows: 4 5. The department shall negotiate the amount of tax 5 incentives provided to an applicant under the program 6 in accordance with this section and section 15G.112 , as 7 applicable . 8 Sec. 110. Section 15A.7, subsection 3, Code 2011, is amended 9 to read as follows: 10 3. That the employer shall agree to pay wages for the jobs 11 for which the credit is taken of at least the county wage or 12 the regional wage, as calculated by the department pursuant to 13 section 15G.112, subsection 3 15.327, subsections 3A and 12A , 14 whichever is lower. Eligibility for the supplemental credit 15 shall be based on a one-time determination of starting wages by 16 the community college. 17 Sec. 111. Section 15E.193, subsection 1, paragraphs b 18 through d, Code 2011, are amended to read as follows: 19 b. (1) The business shall provide a sufficient package of 20 benefits to each employee holding a created or retained job. 21 For purposes of this paragraph, “created job” and “retained job” 22 have the same meaning as defined in section 15G.101 15.327 . 23 (2) The board, upon the recommendation of the department, 24 shall adopt rules determining what constitutes a sufficient 25 package of benefits. 26 c. The business shall pay a wage that is at least ninety 27 percent of the qualifying wage threshold. For purposes of this 28 paragraph, “qualifying wage threshold” has the same meaning as 29 defined in section 15G.101 15.327 . 30 d. Creates or retains at least ten full-time equivalent 31 positions and maintains them until the maintenance period 32 completion date. For purposes of this paragraph, “maintenance 33 period completion date” and “full-time equivalent position” have 34 the same meanings as defined in section 15G.101 15.327 . 35 -40- LSB 1319YC (53) 84 tm/jp 40/ 58
H.F. _____ Sec. 112. Section 15E.231, unnumbered paragraph 1, Code 1 2011, is amended to read as follows: 2 In order for an An economic development region to receive 3 moneys under the grow Iowa values financial assistance program 4 established in section 15G.112 , an shall establish a regional 5 development plan. An economic development region’s regional 6 development plan must be approved by the department. An 7 economic development region shall consist of not less than 8 three counties, unless two contiguous counties have a combined 9 population of at least three hundred thousand based on the 10 most recent federal decennial census. An economic development 11 region shall establish a focused economic development effort 12 that shall include a regional development plan relating to one 13 or more of the following areas: 14 Sec. 113. Section 15E.232, subsections 1, 3, 4, 5, 6, and 7, 15 Code 2011, are amended by striking the subsections. 16 Sec. 114. Section 15E.351, subsection 1, Code 2011, is 17 amended to read as follows: 18 1. The department shall establish and administer a business 19 accelerator program to provide financial assistance for 20 the establishment and operation of a business accelerator 21 for technology-based, value-added agricultural, information 22 solutions, alternative and renewable energy including the 23 alternative and renewable energy sectors listed in section 24 476.42, subsection 1 , paragraph “a” , or advanced manufacturing 25 start-up businesses or for a satellite of an existing business 26 accelerator. The program shall be designed to foster the 27 accelerated growth of new and existing businesses through the 28 provision of technical assistance. The department, subject to 29 the approval of the economic development board, may provide 30 financial assistance under this section from moneys allocated 31 for regional financial assistance pursuant to section 15G.111, 32 subsection 9 . 33 Sec. 115. Section 159A.6B, subsection 2, Code 2011, is 34 amended to read as follows: 35 -41- LSB 1319YC (53) 84 tm/jp 41/ 58
H.F. _____ 2. The office may execute contracts in order to provide 1 technical support and outreach services for purposes of 2 assisting and educating interested persons as provided in this 3 section . The office may also contract with a consultant to 4 provide part or all of these services. The office may require 5 that a person receiving assistance pursuant to this section 6 contribute up to fifty percent of the amount required to 7 support the costs of contracting with the consultant to provide 8 assistance to the person. The office shall assist the person 9 in completing any technical information required in order to 10 receive assistance by the department of economic development 11 pursuant to the value-added agriculture component of the grow 12 Iowa values financial assistance program established pursuant 13 to section 15G.112 . 14 Sec. 116. Section 455B.104, subsection 2, Code 2011, is 15 amended by striking the subsection. 16 Sec. 117. 2010 Iowa Acts, chapter 1184, section 26, is 17 amended to read as follows: 18 SEC. 26. GROW IOWA VALUES FUND. 19 1. There is appropriated from the rebuild Iowa 20 infrastructure fund to the department of economic development 21 for deposit in the grow Iowa values fund, for the fiscal year 22 beginning July 1, 2010, and ending June 30, 2011, the following 23 amount, notwithstanding section 8.57, subsection 6, paragraph 24 “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 26 2. On the effective date of this section of this 2011 Iowa 27 Act, any unobligated and unencumbered moneys appropriated in 28 this section and section 27 of this 2010 Iowa Act, shall revert 29 to the rebuild Iowa infrastructure fund. 30 Sec. 118. 2010 Iowa Acts, chapter 1184, section 27, is 31 amended to read as follows: 32 SEC. 27. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. 33 1. In lieu of the $50,000,000 appropriated for the fiscal 34 year beginning July 1, 2010, and ending June 30, 2011, from 35 -42- LSB 1319YC (53) 84 tm/jp 42/ 58
H.F. _____ the grow Iowa values fund to the department of economic 1 development pursuant to section 15G.111, subsection 3, there is 2 appropriated from the grow Iowa values fund to the department 3 of economic development for the fiscal year beginning July 1, 4 2010, and ending June 30, 2011, $38,000,000 for the purposes of 5 making expenditures pursuant to chapter 15G. 6 2. On the effective date of this section of this 2011 Iowa 7 Act, an entity receiving moneys appropriated pursuant to this 8 section, with the exception of moneys allocated pursuant to 9 section 28, subsections 2 and 5, of this 2010 Iowa Act, shall 10 cease obligating or encumbering such moneys. 11 Sec. 119. REPEAL. Section 15E.233, Code 2011, is repealed. 12 Sec. 120. REPEAL. Sections 15G.101 and 15G.109 through 13 15G.115, Code 2011, are repealed. 14 Sec. 121. REPEAL. Section 266.19, Code 2011, is repealed. 15 Sec. 122. REPEAL. Section 455B.433, Code 2011, is repealed. 16 Sec. 123. EFFECTIVE DATE. The provisions of this division 17 of this Act amending 2010 Iowa Acts, chapter 1184, being deemed 18 of immediate importance, take effect upon enactment. 19 DIVISION XIII 20 COUNTY MENTAL HEALTH 21 AND DISABILITY SERVICES 22 Sec. 124. COUNTY WAITING LISTS. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2010, and ending June 30, 2011, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 To be credited to the risk pool in the property tax relief 29 fund created in chapter 426B and expended as provided in this 30 section: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000,000 32 2. The amount appropriated in this section is appropriated 33 from the risk pool to the department of human services for 34 distribution as provided in this section. Notwithstanding 35 -43- LSB 1319YC (53) 84 tm/jp 43/ 58
H.F. _____ section 8.33, moneys appropriated in this section that remain 1 unencumbered or unobligated at the close of the fiscal year 2 shall not revert but shall remain available for expenditure 3 for the purposes designated until the close of the succeeding 4 fiscal year. 5 3. a. For the purposes of this section, “services fund” 6 means a county’s mental health, mental retardation, and 7 developmental disabilities services fund created in section 8 331.424A. 9 b. The risk pool board shall implement a process for 10 distribution of the amount appropriated in this section to 11 counties to be used to provide eligibility for services and 12 other support payable from the counties’ services funds for 13 persons who are eligible under county management plan but 14 due to insufficient funding are on a waiting list for the 15 services and other support. The period addressed by the 16 funding appropriated in this section begins on or after the 17 effective date of this section and ends June 30, 2012. Of the 18 amount appropriated in this section, up to $5,000,000 shall be 19 targeted to expand medical assistance program waiver slots for 20 those waivers for which counties pay the nonfederal share of 21 the costs. 22 c. The general assembly finds that as of the time of 23 enactment of this section, the funding appropriated in this 24 section is sufficient to eliminate the need for continuing 25 or reinstituting waiting lists during the period addressed 26 by the appropriation. However, the process implemented by 27 the risk pool board shall ensure there is adequate funding so 28 that a person made eligible for services and other support 29 from the waiting list would not be required to return to the 30 waiting list if a later projection indicates the funding is 31 insufficient to cover for the entire period all individuals 32 removed from the waiting list pursuant to this section. 33 d. The funding provided in this section is intended to 34 provide necessary services for adults in need of mental health, 35 -44- LSB 1319YC (53) 84 tm/jp 44/ 58
H.F. _____ mental retardation, or developmental disabilities services 1 until improvements to the current system can be developed and 2 enacted. 3 Sec. 125. ADULT MENTAL HEALTH AND DISABILITY SERVICE SYSTEM 4 REFORM. 5 1. The general assembly finds there is need to reform the 6 adult mental health and disability services system administered 7 by counties to address the needs of persons with mental 8 illness, mental retardation, or developmental disabilities. 9 Issues with the current system include the following: 10 a. Lack of a set of core services uniformly available 11 throughout the state. 12 b. Lack of uniformity in service expenditures throughout 13 the state. 14 c. Disparity in county levy rates for the services funds for 15 this system. 16 d. The need to improve the array of community-based services 17 and services to avoid the use or continued use of crisis 18 services. 19 e. The need to expand the availability of dual diagnosis 20 mental health and substance abuse services. 21 f. The need to improve the consistency of services available 22 to both youth and adult populations. 23 g. The need to address the medical assistance (Medicaid) 24 program changes in the federal Patient Protection and 25 Affordable Care Act (PPACA) that will greatly expand the 26 program’s eligibility for persons in the service system 27 beginning in calendar year 2014. 28 h. Dissatisfaction with using county of legal settlement 29 determinations to determine county and state financial 30 responsibility for services. 31 2. In order to address the issues identified in subsection 32 1, the committees on human resources, appropriations, and ways 33 and means of the senate and house of representatives shall 34 propose legislation to address the following actions by the 35 -45- LSB 1319YC (53) 84 tm/jp 45/ 58
H.F. _____ dates indicated: 1 a. Phase-in of the state fully assuming the nonfederal 2 share of the costs for Medicaid program services now borne by 3 counties by the implementation date of the Medicaid eligibility 4 changes under PPACA. 5 b. Provide property tax relief and equity by having the 6 state assume a greater role in funding the adult mental health 7 and disability services system from counties by July 1, 2012, 8 when the repeals contained in this division of this Act take 9 effect. 10 c. Shift the balance of responsibilities for the services 11 system between the state and counties so that the state 12 ensures greater uniformity and there is sufficient size to 13 develop effective services while maintaining the county role of 14 bringing local resources together in unique ways that best meet 15 the needs of clients, by implementing a new regional structure 16 by July 1, 2012, when the repeals contained in this division 17 of this Act take effect. 18 Sec. 126. Section 331.424A, Code 2011, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 6. This section is repealed July 1, 2012. 21 Sec. 127. Section 331.438, Code 2011, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 5. This section is repealed July 1, 2012. 24 Sec. 128. Section 331.439, Code 2011, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 10. This section is repealed July 1, 2012. 27 Sec. 129. Section 331.440, Code 2011, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 7. This section is repealed July 1, 2012. 30 Sec. 130. NEW SECTION . 426B.6 Future repeal. 31 This chapter is repealed July 1, 2012. 32 Sec. 131. CONFORMING PROVISIONS. The legislative services 33 agency shall prepare a study bill for consideration by the 34 committees on human resources of the senate and house of 35 -46- LSB 1319YC (53) 84 tm/jp 46/ 58
H.F. _____ representatives for the 2012 legislative session, providing 1 conforming Code changes for implementation of the repeal 2 provisions contained in this division of this Act. 3 Sec. 132. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 EXPLANATION 7 This bill relates to public funding and regulatory matters 8 and makes, reduces, and transfers appropriations and revises 9 fund amounts. The bill is organized into divisions. 10 TAX RELIEF FUND. This division creates the tax relief fund 11 in new Code section 8.57E. The fund is to be used to make 12 appropriations providing tax relief. Legislative intent is 13 provided to enact appropriations for purposes of tax relief 14 pursuant to recommendations made by the general assembly’s 15 standing committees on ways and means. 16 Code section 8.55 is amended to provide that when the Iowa 17 economic emergency fund achieves its maximum balance the excess 18 funds are transferred to the tax relief fund instead of the 19 general fund of the state. 20 Code section 8.58, exempting the balances in existing 21 reserve funds from being considered in the application of any 22 formula, index, or other statutory triggering mechanism which 23 would affect appropriations, payments, or taxation rates, and 24 by an arbitrator or collective bargaining negotiation under 25 Code chapter 20, is amended by adding the new tax relief fund 26 to the list. 27 The division takes effect upon enactment, applies to 28 transfers made from the Iowa economic emergency fund to the tax 29 relief fund on or after the effective date, and such transfers 30 are required to be incorporated in the state general fund 31 expenditure limitation calculated for fiscal year 2011-2012. 32 UNIFORM PROVISIONS. This division includes requirements 33 applicable across state government. 34 Along with new Code section 8A.440, which is also included 35 -47- LSB 1319YC (53) 84 tm/jp 47/ 58
H.F. _____ in this division, a temporary law provision requires the 1 state’s executive and judicial branch authorities responsible 2 for collective bargaining negotiations with applicable state 3 employee organizations, to discuss health insurance coverage 4 of state employees and their families in order to renegotiate 5 such coverage to achieve cost savings for the state. One of 6 the options to be discussed is a required monthly payment by 7 employees of at least $50 of the cost of single coverage or a 8 like increase in the employee cost for family coverage. 9 Executive branch agencies are made subject to a limitation 10 on expenditures for office supplies, outside services purchase, 11 equipment purchases, information technology, and marketing 12 equal to 50 percent of the unexpended or unencumbered balances 13 remaining from the amounts budgeted for such purposes for the 14 remainder of fiscal year 2010-2011. If another provision 15 of the bill directs an agency to apply a limitation on 16 expenditures made for information technology or reduces the 17 information technology portion of an appropriation made to the 18 agency, that limitation or reduction applies in lieu of the 19 limitation on expenditures for information technology otherwise 20 applicable under this provision. In addition, authorization 21 of out-of-state travel paid for in whole or in part from the 22 general fund of the state for the remainder of fiscal year 23 2010-2011 is prohibited, unless a waiver is approved by the 24 executive council. 25 The revenue estimating conference is required to meet in 26 February or March 2011 upon request of the speaker of the house 27 or senate majority leader. In addition, to regularly issued 28 estimates, the conference is required to provide estimates for 29 fiscal year 2012-2013. 30 Code section 7E.3, relating to the powers and duties of the 31 heads of state departments and independent agencies, is amended 32 to include a duty to ensure the public benefits administered 33 by the department or agency are not provided to adults who are 34 unauthorized aliens not lawfully present in the United States. 35 -48- LSB 1319YC (53) 84 tm/jp 48/ 58
H.F. _____ New Code section 8A.440 requires state employees included 1 in or not covered by collective bargaining as provided in Code 2 chapter 20 to pay at least $50 per month of the total premium 3 for state group health insurance for single persons. The 4 requirement applies to state employees covered by collective 5 bargaining agreements entered into on or after the effective 6 date of the division. Current law does not specify a minimum 7 required premium payment. 8 Code section 68B.8 is amended to prohibit a state agency 9 of the executive branch of state government from employing a 10 person whose position with the agency is primarily representing 11 the agency relative to the passage, defeat, approval, or 12 modification of legislation that is being considered by the 13 general assembly. A person who knowingly and intentionally 14 violates this new provision as provided under Code section 15 68B.34 is guilty of a serious misdemeanor and may be 16 reprimanded, suspended, or dismissed from the person’s position 17 or otherwise sanctioned. A serious misdemeanor is punishable 18 by confinement for not more than one year and a fine of at least 19 $315 but not more than $1,875. 20 The division takes effect upon enactment. 21 ADMINISTRATION AND REGULATION. This division includes 22 provisions applicable to administration and regulatory state 23 agencies. 24 The joint appropriations subcommittee on administration and 25 regulation is required to submit by April 4, 2010, proposed 26 legislation to the committees on appropriations providing 27 for eliminating and selling the pool of general use vehicles 28 maintained in Polk county and outsourcing state vehicle leasing 29 to a private entity. Until the close of fiscal year, the 30 department of administrative services is designated as the sole 31 department to operate the vehicle pool and is prohibited from 32 purchasing new passenger vehicles for the pool. 33 The division includes a requirement for the department 34 of administrative services to locate state employees in 35 -49- LSB 1319YC (53) 84 tm/jp 49/ 58
H.F. _____ office space in the most cost-efficient manner possible. The 1 department is prohibited from paying penalties for the early 2 termination of a lease for office space outside of the capitol 3 complex. 4 The bill requires the Iowa telecommunications and technology 5 commission to implement a request for proposals process to sell 6 or lease the Iowa communications network. The bill requires 7 the sale to be concluded or the lease to commence during the 8 fiscal year beginning July 1, 2011. 9 The department’s technology service purchasing for the 10 remainder of fiscal year 2010-2011 is limited to 50 percent of 11 the unexpended amount remaining as of the division’s effective 12 date. 13 The department of management is directed to designate the 14 department of administrative services as the sole provider for 15 information technology services for purposes of providing such 16 services to agencies and other governmental entities, with 17 certain specified exceptions. 18 The appropriation made to the Iowa ethics and campaign 19 disclosure board in 2010 Iowa Acts, chapter 1189, section 7, 20 for fiscal year 2010-2011, is reduced. 21 AGRICULTURE AND NATURAL RESOURCES. This division addresses 22 agriculture and natural resources. 23 The department of natural resources is prohibited from 24 entering into any new arrangement to acquire or control new 25 property, as defined by the bill, for the period from the 26 provision’s effective date through the close of fiscal year 27 2010-2011. The provision takes effect upon enactment. 28 ECONOMIC DEVELOPMENT. This division addresses economic 29 development. 30 The division requires the department of cultural affairs to, 31 within six months of the effective date of this Code section, 32 find new storage space for the storage of state records. 33 The save our small business fund and program in Code sections 34 15.300 and 15.301 are repealed and moneys appropriated to the 35 -50- LSB 1319YC (53) 84 tm/jp 50/ 58
H.F. _____ fund are eliminated. However, following the repeal, loans 1 awarded from the fund prior to the repeal are continued as 2 provided by the terms of the loans. 3 A limitation is applied to the moneys expended by the 4 department of cultural affairs for purposes of the great 5 places program. The limitation is equal to any unexpended or 6 unencumbered amount on the effective date of the division. 7 The division repeals Code section 15.421, which relates to 8 the generation Iowa commission. 9 2010 Iowa Acts, chapter 1186, is amended to require the 10 department of transportation, after July 1, 2011, to not renew 11 membership in North America’s supercorridor coalition. 12 The division takes effect upon enactment. 13 EDUCATION. This division addresses education. 14 An appropriation made to the department of education in 2010 15 Iowa Acts, chapter 1183, is amended to reduce the amount for 16 general administration. 17 The funding for implementation of the statewide core 18 curriculum for schools and for the career information and 19 decision-making system are eliminated and legislative intent is 20 stated for amending the law relating to the curriculum. 21 For the period beginning on the effective date of this 22 section through the close of FY 2010-2011, library acquisition 23 and information technology expenditures are limited at all 24 libraries at the university of Iowa, Iowa state university of 25 science and technology, and the university of northern Iowa. 26 The limitation is equal to 50 percent of the unexpended or 27 unencumbered amount that the universities under state board 28 of regents have budgeted or otherwise designated for purposes 29 of such acquisitions from the appropriations made to the 30 universities from all sources, as of the effective date of this 31 division. The division states that appropriations made to the 32 universities from the general fund of the state in 2010 Iowa 33 Acts, chapter 1183, are amended in this bill to reflect the 34 expenditure limitation. 35 -51- LSB 1319YC (53) 84 tm/jp 51/ 58
H.F. _____ A similar library acquisition limitation is applied to the 1 state library under the department of education. 2 For the period beginning on enactment and ending June 30, 3 2012, the state board of regents is prohibited from approving 4 paid leaves of absence, also known as professional development 5 assignments sabbaticals, for any faculty member. 6 The statewide voluntary preschool program in Code chapter 7 256C is repealed effective July 1, 2011, along with the 8 associated school aid funding provisions. A statement of 9 legislative intent calls for filling the needs addressed by the 10 program through expansion of the preschool tuition assistance 11 program provided through the school ready children grant 12 program administered under the early childhood Iowa initiative. 13 The bill makes conforming amendments. 14 The standing committees on education of the senate and house 15 of representatives are required to recommend legislation to 16 be effective July 1, 2011, revising the tuition grant program 17 provisions administered by the college student aid commission 18 under chapter 261 so that the annual grant amount awarded 19 under the program is determined after the other aid available 20 to the student has been determined. The committees are also 21 required to consider providing need-based tuition grants based 22 upon a sliding scale that provides greater amounts for those 23 with lower incomes and lesser amounts for those with greater 24 incomes. 25 The joint appropriations subcommittee on education 26 is required to consider the recommended legislation in 27 recommending an amount to appropriate for tuition grants for 28 fiscal year 2011-2012. The joint subcommittee is also required 29 to implement provisions to consolidate administrative functions 30 at the state board of regents and the institutions under the 31 board in order to reduce the amount that would otherwise 32 be budgeted for administrative functions for fiscal year 33 2011-2012. 34 Code section 257.35 is amended to reduce area education 35 -52- LSB 1319YC (53) 84 tm/jp 52/ 58
H.F. _____ agencies budgets for fiscal year 2010-2011 and subsequent 1 fiscal years by $10 million. 2 The division takes effect upon enactment except as otherwise 3 provided. 4 HEALTH AND HUMAN SERVICES. This division addresses health 5 and human services programs. 6 Code section 217.6, relating to rules and regulations of 7 the department of human services, is amended to require those 8 adopted for the public benefits administered by the department 9 to apply the residency eligibility restrictions required by 10 federal and state law. 11 The department on aging is required to submit a plan by 12 February 25, 2011, to various legislative committees to reduce 13 the number of area agencies on aging to not more than five 14 effective July 1, 2011. 15 The joint appropriations subcommittee on health and human 16 services is directed to develop and include in appropriations 17 legislation a new reimbursement methodology for juvenile 18 shelter care providers for use beginning July 1, 2011. The new 19 reimbursement methodology is required to end the practice of 20 providing reimbursement for unused shelter care beds. 21 The appropriation made in 2009 Iowa Acts, chapter 183, for 22 the costs of the legislative health care coverage commission 23 is reduced. 24 Appropriations and allocations made to the department of 25 public health in 2010 Iowa Acts, chapter 1192, for addictive 26 disorders, community capacity, healthy aging, and public 27 protection, are reduced. The department is specifically 28 required to cancel smoking cessation and prevention efforts, 29 including the initiative just eliminate lies and other 30 youth programs and the quitline Iowa initiative. The joint 31 appropriations subcommittee on health and human services is 32 required to consult with the standing committees on human 33 resources to recommend legislation to revise the youth programs 34 effective July 1, 2011, in order to eliminate unnecessary and 35 -53- LSB 1319YC (53) 84 tm/jp 53/ 58
H.F. _____ wasteful expenditures. 1 Family planning waiver provisions under the Medicaid program 2 are revised in 2010 Iowa Acts, chapter 1192, section 11, to 3 reduce income eligibility from the current 200 percent to 4 133 percent of the federal poverty level, as soon as federal 5 approval can be obtained. 6 The division takes effect upon enactment. 7 INFRASTRUCTURE AND TRANSPORTATION. This division includes 8 provisions involving infrastructure and transportation 9 appropriations. 10 The section addressing the living roadway trust fund 11 limits moneys expended by the department of transportation 12 for purposes of the integrated roadside vegetation management 13 coordinator and support. The limit is equal to any unexpended 14 or unencumbered amount remaining on the effective date of the 15 division. 16 2010 Iowa Acts, chapter 1184, eliminates an appropriation 17 from the rebuild Iowa infrastructure fund to the department of 18 natural resources for FY 2010-2011 for purposes of an asset 19 manager at Honey creek resort state park. 20 Code chapter 18B, relating to land use smart planning, is 21 repealed. The division also eliminates the Iowa smart planning 22 task force. Any award to a city or county that applies smart 23 planning principles and guidelines pursuant to Code sections 24 18B.1 and 18B.23, Code 2011, granted from moneys appropriated 25 to the Iowa jobs board for a disaster prevention program 26 that provides grants to cities and counties applying smart 27 planning principles and guidelines, for which a contract has 28 not been entered into by the effective date of the division, is 29 rescinded. Additional such awards cannot be granted after the 30 effective date of the division. 31 An appropriation for purposes of a free shuttle service in 32 Des Moines is reduced. 33 Three appropriations related to passenger rail service made 34 in 2009 Iowa Acts, chapter 184 and 2010 Iowa Acts, chapter 35 -54- LSB 1319YC (53) 84 tm/jp 54/ 58
H.F. _____ 1184, along with a statement of legislative intent to provide 1 funding of up to $20 million over a four-year period to match 2 federal funds, are eliminated or reduced. 3 An appropriation is eliminated that was made in 2008 Iowa 4 Acts, chapter 1179, for fiscal year 2008-2009 from the rebuild 5 Iowa infrastructure fund to the department of transportation 6 for purposes of a depot and platform to accommodate future 7 Amtrak service from Dubuque to Chicago. 8 The division takes effect upon enactment. 9 JUSTICE SYSTEM. This division addresses the justice system 10 and provides a fiscal year 2010-2011 supplemental appropriation 11 for the state public defender for indigent defense. 12 The appropriation made to the judicial branch in 2010 Iowa 13 Acts, chapter 1185, is amended to require the judicial branch 14 to transfer money from the appropriation to the state public 15 defender for deposit into the indigent defense fund when an 16 attorney fee claim exceeds the fee limitations established in 17 Code section 13B.4 if the case is not unusually complicated as 18 defined under 493 IAC 12.5(4). After the immediate effective 19 date of this amendment, in each case where the state public 20 defender approves or the court orders an attorney fee claim in 21 excess of the fee limitations and the case is not unusually 22 complicated, the judicial branch is required to transfer an 23 amount equal to the portion of the fee claim in excess of the 24 fee limitations to the jury and witness fee fund established in 25 Code section 602.1302 for transfer to the state public defender 26 and eventual deposit into the indigent defense fund. The 27 transfers in this division are in response to Simmons v. State 28 Public Defender, No. 07-0870 (Iowa 2010). 29 The judiciary committees of the senate and house of 30 representatives are required to recommend legislation to be 31 effective July 1, 2011, providing for a single chief juvenile 32 court officer position for the state instead of a chief 33 officer for each judicial district. The joint appropriations 34 subcommittee on justice system is required to consider 35 -55- LSB 1319YC (53) 84 tm/jp 55/ 58
H.F. _____ the recommended legislation in recommending an amount to 1 appropriate for the judicial branch for fiscal year 2011-2012. 2 This division takes effect upon enactment. 3 POWER FUND. This division addresses the power fund and the 4 office of energy independence. 5 Code chapter 469 is repealed, which provides for the 6 establishment and administration of the office of energy 7 independence, the Iowa power fund, and related renewable energy 8 and energy efficiency projects. 9 The division provides that the department of natural 10 resources shall assume the duties of the office of energy 11 independence until otherwise determined by the general 12 assembly. During the 2011 Legislative Session of the 13 Eighty-fourth General Assembly, the joint appropriations 14 subcommittee on agriculture and natural resources shall include 15 Code provisions relating to the transfer of departmental 16 authority from the office of energy independence to another 17 state entity in a proposed committee on appropriations bill. 18 Transition provisions are included regarding the transfer of 19 moneys retained in any account or fund under the control of the 20 office of energy independence on the division’s effective date, 21 the continuation of any license, permit, or contract issued 22 or entered into by the office in effect on the division’s 23 effective date, and the continuation of grants or loans awarded 24 from the Iowa power fund prior to the division’s effective 25 date. Transition provisions are also included relating to the 26 transfer of federal funds being utilized by the director of 27 the office prior to the division’s effective date to employ 28 personnel necessary to administer the provisions of the 29 division to the department or other state agency as determined 30 by the general assembly. 31 The division takes effect upon enactment. 32 REBUILD IOWA OFFICE. This division addresses the rebuild 33 Iowa office. 34 Currently, the rebuild Iowa office is scheduled to be 35 -56- LSB 1319YC (53) 84 tm/jp 56/ 58
H.F. _____ repealed on June 30, 2011. This division changes the repeal 1 date to be effective upon enactment and makes conforming 2 amendments. All duties of the office are transferred to the 3 homeland security and emergency management division of the 4 department of public defense. 5 This division takes effect upon enactment. 6 GROW IOWA VALUES FUND AND PROGRAM. This division addresses 7 the grow Iowa values fund. 8 This division repeals Code sections related to the grow 9 Iowa values fund and financial assistance program and makes 10 conforming amendments. The division amends two 2010 Iowa Acts 11 provisions to prohibit the department of economic development 12 from further obligating any moneys appropriated for purposes 13 of the grow Iowa values fund for fiscal year 2010-2011 and 14 requires that unobligated and unencumbered moneys shall revert 15 to the rebuild Iowa infrastructure fund, which take effect upon 16 enactment. 17 COUNTY MENTAL HEALTH AND DISABILITY SERVICES. This division 18 relates to the county administered system for adult mental 19 health, mental retardation, and developmental disabilities 20 services. 21 An appropriation is made from the general fund of the state 22 to the risk pool for such county services to be used for the 23 period beginning on the effective date of the division through 24 June 30, 2012, to pay for the service costs of eligible persons 25 who are on a county waiting list for the services. 26 Legislative purpose and findings are stated in a section 27 addressing reform of the county administered system. The 28 standing committees on human resources, appropriations, and 29 ways and means of the senate and house of representatives are 30 directed to propose legislation necessary to implement various 31 actions by dates specified in the section and to address the 32 Code repeals contained in the division. 33 The following Code provisions are repealed on July 1, 2012: 34 section 331.424A, establishing county mental health, mental 35 -57- LSB 1319YC (53) 84 tm/jp 57/ 58
H.F. _____ retardation, and developmental disabilities services funds and 1 authorizing levies for the funds; section 331.438, outlining 2 requirements for county mental health, mental retardation, and 3 developmental disabilities services expenditures and joint 4 state-county planning, implementing, and funding; section 5 331.439, requiring county management plans and other provisions 6 regarding county eligibility for state property tax relief and 7 allowed growth funding; section 331.440, providing for creation 8 of the county central point of coordination process and county 9 management of state case services; and chapter 426B, relating 10 to property tax relief funding for the county administered 11 services, risk pool funding, and related provisions. 12 The legislative services agency is directed to prepare 13 legislation to conform other Code provisions to the repeals 14 contained in the division. 15 The division takes effect upon enactment. 16 -58- LSB 1319YC (53) 84 tm/jp 58/ 58