House Study Bill 674 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON RAECKER) A BILL FOR An Act relating to state and local finances by making 1 and adjusting appropriations, providing for legal 2 responsibilities, and providing for properly related 3 matters, and including effective date and retroactive and 4 other applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6014HC (10) 84 tm/jp

H.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. GENERAL ASSEMBLY. The appropriations made 3 pursuant to section 2.12 for the expenses of the general 4 assembly and the legislative agencies for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, are reduced 6 by the following amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,150,000 8 Sec. 2. 2011 Iowa Acts, chapter 131, section 42, is amended 9 to read as follows: 10 SEC. 42. LIMITATION OF STANDING APPROPRIATIONS. 11 Notwithstanding the standing appropriations in the following 12 designated sections for the fiscal year beginning July 1, 2012, 13 and ending June 30, 2013, the amounts appropriated from the 14 general fund of the state pursuant to these sections for the 15 following designated purposes shall not exceed the following 16 amounts: 17 1. For operational support grants and community cultural 18 grants under section 99F.11, subsection 3 , paragraph “d”, 19 subparagraph (1): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 21 374,615 22 2. For regional tourism marketing under section 99F.11, 23 subsection 3 , paragraph “d”, subparagraph (2): 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 25 728,465 26 3. For the center for congenital and inherited disorders 27 central registry under section 144.13A, subsection 4 , paragraph 28 “a”: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 30 153,838 31 4. For primary and secondary child abuse prevention 32 programs under section 144.13A, subsection 4 , paragraph “a”: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 34 195,777 35 -1- LSB 6014HC (10) 84 tm/jp 1/ 23

H.F. _____ 5. For programs for at-risk children under section 279.51 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,364,446 2 9,645,273 3 The amount of any reduction in this subsection shall be 4 prorated among the programs specified in section 279.51, 5 subsection 1 , paragraphs “a”, “b”, and “c”. 6 6. For payment for nonpublic school transportation under 7 section 285.2 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 9 If total approved claims for reimbursement for nonpublic 10 school pupil transportation exceed the amount appropriated in 11 accordance with this subsection, the department of education 12 shall prorate the amount of each approved claim. 13 7. For the enforcement of chapter 453D relating to tobacco 14 product manufacturers under section 453D.8 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 16 16,556 17 8. For the Iowa resources enhancement and protection fund 18 under section 455A.18: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 20 DIVISION II 21 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 22 Sec. 3. TRANSFER OF MONEYS TO THE TAXPAYERS TRUST FUND —— 23 FY 2011-2012. 24 Notwithstanding section 8.55, subsection 2, paragraph “a”, or 25 any other provision to the contrary, all moneys in excess of 26 the maximum balance in the economic emergency fund after the 27 distribution of the surplus in the general fund of the state 28 at the conclusion of the fiscal year beginning July 1, 2011, 29 and ending June 30, 2012, shall be transferred to the taxpayers 30 trust fund created in section 8.57E. 31 Sec. 4. Section 2.43, unnumbered paragraph 1, Code 2011, is 32 amended to read as follows: 33 The legislative council in cooperation with the officers of 34 the senate and house shall have the duty and responsibility for 35 -2- LSB 6014HC (10) 84 tm/jp 2/ 23

H.F. _____ preparing for each session of the general assembly. Pursuant 1 to such duty and responsibility, the legislative council 2 shall assign the use of areas in the state capitol except for 3 the areas used by the governor as of January 1, 1986, and by 4 the courts as of July 1, 2003, and, in consultation with the 5 director of the department of administrative services and 6 the capitol planning commission, may assign areas in other 7 state office buildings for use of the general assembly or 8 legislative agencies. The legislative council may authorize 9 the renovation, remodeling and preparation of the physical 10 facilities used or to be used by the general assembly or 11 legislative agencies subject to the jurisdiction of the 12 legislative council and award contracts pursuant to such 13 authority to carry out such preparation. The legislative 14 council may purchase supplies and equipment deemed necessary 15 for the proper functioning of the legislative branch of 16 government. 17 Sec. 5. Section 8A.322, subsection 2, Code 2011, is amended 18 to read as follows: 19 2. Except for buildings and grounds described in section 20 216B.3, subsection 6 ; section 2.43 , unnumbered paragraph 1; and 21 any buildings under the custody and control of the Iowa public 22 employees’ retirement system, the director shall assign office 23 space at the capitol, other state buildings, and elsewhere in 24 the city of Des Moines, and the state laboratories facility 25 in Ankeny, for all executive and judicial state agencies. 26 Assignments may be changed at any time. The various officers 27 to whom rooms have been so assigned may control the same while 28 the assignment to them is in force. Official apartments shall 29 be used only for the purpose of conducting the business of the 30 state. The term “capitol” or “capitol building” as used in the 31 Code shall be descriptive of all buildings upon the capitol 32 grounds. The capitol building itself is reserved for the 33 operations of the general assembly , and the governor , and the 34 courts and the assignment and use of physical facilities for 35 -3- LSB 6014HC (10) 84 tm/jp 3/ 23

H.F. _____ the general assembly shall be pursuant to section 2.43 . 1 Sec. 6. Section 97B.52A, subsection 1, paragraph c, 2 subparagraph (2), subparagraph division (b), Code 2011, is 3 amended to read as follows: 4 (b) For a member whose first month of entitlement is July 5 2004 or later, but before July 2012 2014 , covered employment 6 does not include employment as a licensed health care 7 professional by a public hospital as defined in section 249J.3 , 8 with the exception of public hospitals governed pursuant to 9 chapter 226 . 10 Sec. 7. Section 256C.4, subsection 1, Code 2011, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . g. For the fiscal year beginning July 13 1, 2012, and each succeeding fiscal year, of the amount of 14 preschool foundation aid received by a school district for a 15 fiscal year in accordance with section 257.16, not less than 16 ninety-five percent shall be passed through to the preschool 17 programming to the eligible students enrolled in the district’s 18 approved local program. 19 Sec. 8. Section 257.35, subsection 7, Code Supplement 2011, 20 is amended to read as follows: 21 7. Notwithstanding subsection 1, and in addition to the 22 reduction applicable pursuant to subsection 2, the state aid 23 for area education agencies and the portion of the combined 24 district cost calculated for these agencies for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, shall be 26 reduced by the department of management by ten twenty million 27 dollars. The reduction for each area education agency shall be 28 prorated based on the reduction that the agency received in the 29 fiscal year beginning July 1, 2003. 30 Sec. 9. Section 284.6, subsection 8, Code Supplement 2011, 31 is amended to read as follows: 32 8. a. For each year in which a school district and an 33 area education agency receives funds calculated and paid to 34 school districts and area education agencies for professional 35 -4- LSB 6014HC (10) 84 tm/jp 4/ 23

H.F. _____ development pursuant to section 257.10, subsection 10 , or 1 and section 257.37A, subsection 2 , the school district and 2 area education agency shall create quality professional 3 development opportunities. The goal for the use of the funds 4 is to provide one additional contract day or the equivalent 5 thereof for professional development and use of the funds is 6 limited to providing professional development to teachers, 7 including additional salaries for time beyond the normal 8 negotiated agreement; pay for substitute teachers, professional 9 development materials, speakers, and professional development 10 content; and costs associated with implementing the individual 11 professional development plans. The use of the funds shall 12 be balanced between school district, attendance center, and 13 individual professional development plans, or area education 14 agency and individual professional development plans, as 15 appropriate, making every reasonable effort to provide equal 16 access to all teachers. 17 b. Each school district and area education agency receiving 18 funds under section 257.10, subsection 10, or section 257.37A, 19 subsection 2, shall set aside up to three percent of such 20 funds for purposes of compensating substitute teachers to 21 temporarily replace teachers who are employed by accredited 22 nonpublic schools located within the school district and area 23 education boundaries and who are required to receive Iowa 24 core curriculum professional development provided elsewhere 25 than on accredited nonpublic school property. The substitute 26 teacher shall be employed to teach only coursework that is 27 nonsectarian. Funds set aside by a school district and area 28 education agency pursuant to this paragraph shall be paid on 29 a prorated basis to the area education agency providing the 30 Iowa core curriculum professional development to the accredited 31 nonpublic school teacher. The proration shall be based upon 32 the amount of the professional development funds calculated and 33 paid to the school district under section 257.10, subsection 34 10, and the amount of the professional development funds 35 -5- LSB 6014HC (10) 84 tm/jp 5/ 23

H.F. _____ calculated and paid to the area education agency under section 1 257.37A, subsection 2. The area education agency providing 2 the professional development to an accredited nonpublic 3 school teacher pursuant to this paragraph shall reimburse 4 the accredited nonpublic school for the compensation of the 5 substitute teacher from the professional development funds 6 available to the agency pursuant to this paragraph. If three 7 percent of such funds identified in this paragraph are expended 8 by school districts and area education agencies, this paragraph 9 requires no further reimbursements. 10 Sec. 10. REPEAL. 2012 Iowa Acts, House File 2168, section 11 5, is repealed. 12 Sec. 11. EFFECTIVE UPON ENACTMENT. The following 13 provision or provisions of this Act, being deemed of immediate 14 importance, take effect upon enactment: 15 1. The section of this Act providing for transfer of moneys 16 to the taxpayers trust fund. 17 DIVISION III 18 IOWA EARLY INTERVENTION BLOCK GRANT PROGRAM EXPENDITURES 19 Sec. 12. Section 256D.2A, Code 2011, is amended to read as 20 follows: 21 256D.2A Program funding. 22 1. For the budget year beginning July 1, 2009, and each 23 succeeding budget year, a school district shall expend funds 24 received pursuant to section 257.10, subsection 11 , at the 25 kindergarten through grade three levels to reduce class sizes 26 to the state goal of seventeen students for every one teacher 27 and to achieve a higher level of student success in the basic 28 skills, especially reading. In order to support these efforts, 29 school districts may expend funds received pursuant to section 30 257.10, subsection 11 , at the kindergarten through grade three 31 level on programs, instructional support, and materials that 32 include but are not limited to the following: additional 33 licensed instructional staff; additional support for students, 34 such as before and after school programs, tutoring, and 35 -6- LSB 6014HC (10) 84 tm/jp 6/ 23

H.F. _____ intensive summer programs; the acquisition and administration 1 of diagnostic reading assessments; the implementation of 2 research-based instructional intervention programs for students 3 needing additional support; the implementation of all-day, 4 everyday kindergarten programs; and the provision of classroom 5 teachers with intensive training programs to improve reading 6 instruction and professional development in best practices 7 including but not limited to training programs related to 8 instruction to increase students’ phonemic awareness, reading 9 abilities, and comprehension skills. 10 2. Notwithstanding subsection 1, for the budget year 11 beginning July 1, 2012, and each succeeding budget year, a 12 school district may expend two-thirds of the moneys received 13 pursuant to section 257.10, subsection 11, to pay for the costs 14 of complying with education reform legislation enacted by the 15 Eighty-fourth General Assembly, 2012 session. 16 Sec. 13. Section 256D.9, Code 2011, is amended to read as 17 follows: 18 256D.9 Future repeal. 19 This chapter is repealed effective July 1, 2012 2017 . 20 Sec. 14. EFFECTIVE UPON ENACTMENT. This division of this 21 Act, being deemed of immediate importance, takes effect upon 22 enactment. 23 DIVISION IV 24 STATE EMPLOYEE AND ELECTED OFFICIAL PAYMENT OF HEALTH INSURANCE 25 PREMIUMS 26 Sec. 15. Section 2.40, subsection 1, paragraph a, 27 subparagraph (2), Code 2011, is amended to read as follows: 28 (2) The member shall pay the premium for the plan selected 29 on the same basis as a full-time state employee excluded from 30 collective bargaining as provided in chapter 20 . However, the 31 member shall pay a portion of the total premium for the plan 32 selected in an amount as determined by the legislative council. 33 The payment amount as determined by the legislative council 34 shall be at least twenty-five percent of the total premium 35 -7- LSB 6014HC (10) 84 tm/jp 7/ 23

H.F. _____ for the single or family coverage provided in connection with 1 the member. The payment amount determined by the legislative 2 council shall apply to employees of the general assembly. 3 Sec. 16. NEW SECTION . 8A.440 Group health insurance premium 4 costs. 5 1. Collective bargaining agreements entered into pursuant 6 to chapter 20 for state employees shall provide that a state 7 employee covered by that agreement who is a member of a 8 state group health insurance plan for employees of the state 9 established under chapter 509A shall pay at least twenty-five 10 percent of the total premium for the single or family coverage 11 provided in connection with each employee. 12 2. A state employee not covered by a collective bargaining 13 agreement as provided in chapter 20 who is a member of a 14 state group health insurance plan for employees of the state 15 established under chapter 509A shall pay the same percentage 16 of the total premium for such insurance as is paid under the 17 collective bargaining agreement that covers the greatest number 18 of state employees in the state government entity employing the 19 state employee. 20 Sec. 17. STATEWIDE ELECTED OFFICIALS —— GROUP HEALTH 21 INSURANCE PREMIUM COSTS. A statewide elected official who is 22 a member of a state group insurance plan for employees of the 23 state established under chapter 509A shall pay a portion of the 24 total premium for the plan selected in an amount as determined 25 by the executive council. The payment amount as determined by 26 the executive council shall be at least twenty-five percent of 27 the total premium for the single or family coverage provided in 28 connection with the elected official. 29 Sec. 18. GROUP HEALTH INSURANCE PREMIUMS FOR STATE 30 EMPLOYEES. 31 1. a. This subsection does not apply to members of the 32 general assembly or elected officials who are subject to the 33 provisions of this division of this Act amending section 2.40 34 or requiring statewide elected officials to pay a portion of 35 -8- LSB 6014HC (10) 84 tm/jp 8/ 23

H.F. _____ health insurance premiums. 1 b. For the fiscal year beginning July 1, 2012, each state 2 employee who is a member of a state group health insurance plan 3 for state employees established under chapter 509A shall pay at 4 least 25 percent of the total premium for the single or family 5 coverage provided in connection with the employee’s membership 6 in the insurance plan. 7 c. For the fiscal year beginning July 1, 2012, each person 8 who is a member of a state group health insurance plan for 9 employees of the state board of regents and the institutions 10 under the control of the state board shall pay at least 25 11 percent of the total premium for the single or family coverage 12 provided in connection with the person’s membership in the 13 insurance plan. 14 d. For the fiscal year beginning July 1, 2012, each judicial 15 officer or employee of the judicial branch who is a member 16 of a state group health insurance plan for state employees 17 established under chapter 509A shall pay at least 25 percent of 18 the total premium for the single or family coverage provided in 19 connection with the judicial officer or employee’s membership 20 in the insurance plan. 21 e. The requirements in this subsection shall be enforceable 22 against all applicable employees for the fiscal year beginning 23 July 1, 2012, notwithstanding any provision of chapter 20 to 24 the contrary, and shall remain applicable to each such state 25 employee and person in fiscal years succeeding the fiscal year 26 specified in this subsection until the requirement implemented 27 pursuant to section 8A.440 is applicable to the employee or 28 person. 29 2. a. For the fiscal year beginning July 1, 2012, 30 the portion of the payments made pursuant to subsection 31 1 attributed to increases in payments as a result of the 32 percentage requirement implemented pursuant to subsection 1 33 shall be transferred to the judicial branch or the state agency 34 charged for the state group health insurance plan premiums of 35 -9- LSB 6014HC (10) 84 tm/jp 9/ 23

H.F. _____ the judicial officer, employee, or person who made the payment 1 in lieu of a like amount from the appropriations made to the 2 judicial branch or the state agency for the fiscal year. 3 b. The moneys paid by members or employees of the general 4 assembly pursuant to section 2.40, as amended by this division 5 of this Act, for the fiscal year beginning July 1, 2012, are 6 appropriated to the general assembly in lieu of a like amount 7 from the appropriations made to the general assembly pursuant 8 to section 2.12, for the fiscal year. 9 c. The moneys paid by statewide elected officials pursuant 10 to the section of this division of this Act requiring the 11 officials to pay a portion of the health insurance premium 12 costs for the coverage provided to the officials, for the 13 fiscal year beginning July 1, 2012, are appropriated to the 14 state agency charged for the state group health insurance plan 15 premiums of the official who made the payment in lieu of a like 16 amount from the appropriations made to the state agency for the 17 fiscal year. 18 3. The department of management, with the assistance of the 19 department of administrative services, state board of regents, 20 the state fair board, the state department of transportation, 21 and each judicial district department of correctional services, 22 shall submit a quarterly report to the general assembly and the 23 legislative services agency during the fiscal year beginning 24 July 1, 2012, regarding the reductions to appropriations made 25 pursuant to subsection 2 during the quarter. 26 Sec. 19. APPLICABILITY. The section of this division 27 of this Act enacting section 8A.440, applies to collective 28 bargaining agreements entered into on or after the effective 29 date of that section of this division of this Act. 30 Sec. 20. EFFECTIVE UPON ENACTMENT. The following sections 31 of this division of this Act, being deemed of immediate 32 importance, take effect upon enactment: 33 1. The section of this Act enacting section 8A.440. 34 2. The section of this Act relating to group health 35 -10- LSB 6014HC (10) 84 tm/jp 10/ 23

H.F. _____ insurance premiums for state employees. 1 DIVISION V 2 CORRECTIVE PROVISIONS 3 Sec. 21. Section 9B.2, subsection 10, paragraph a, if 4 enacted by 2012 Iowa Acts, Senate File 2265, section 2, is 5 amended to read as follows: 6 a. “Personal appearance” means an act of a party to 7 physically appear within the presence of a notary public 8 notarial officer at the time the notarization occurs notarial 9 act is performed . 10 Sec. 22. Section 105.2, subsection 8, Code Supplement 2011, 11 as amended by 2012 Iowa Acts, House File 2285, section 1, if 12 enacted, is amended to read as follows: 13 8. “Hydronic” means a heating or cooling system that 14 transfers heating or cooling by circulating fluid through 15 a closed system, including boilers, pressure vessels, 16 refrigerated equipment in connection with chilled water 17 systems, all steam piping, hot or chilled water piping together 18 with all control devices and accessories, installed as part 19 of, or in connection with, any heating or cooling system or 20 appliance whose primary purpose is to provide comfort using 21 a liquid, water, or steam as the heating or cooling media. 22 “Hydronic” includes all low-pressure and high-pressure systems 23 and all natural, propane, liquid propane, or other gas lines 24 associated with any component of a hydronic system. For 25 purposes of this definition, “primary purpose is to provide 26 comfort” means a system or appliance in which at least fifty-one 27 percent of the capacity generated by its operation, on an 28 annual average, is dedicated to comfort heating or cooling. 29 Sec. 23. Section 135C.6, subsection 8, paragraphs a and 30 b, Code 2011, as amended by 2012 Iowa Acts, Senate File 2247, 31 section 15, are amended to read as follows: 32 a. Residential programs providing care to not more than 33 four individuals and receiving moneys appropriated to the 34 department of human services under provisions of a federally 35 -11- LSB 6014HC (10) 84 tm/jp 11/ 23

H.F. _____ approved home and community-based services waiver for persons 1 with an intellectual disabilities disability or other medical 2 assistance program under chapter 249A . In approving a 3 residential program under this paragraph, the department of 4 human services shall consider the geographic location of the 5 program so as to avoid an overconcentration of such programs 6 in an area. In order to be approved under this paragraph, 7 a residential program shall not be required to involve the 8 conversion of a licensed residential care facility for persons 9 with an intellectual disability. 10 b. Not more than forty residential care facilities for 11 persons with an intellectual disability that are licensed 12 to serve not more than five individuals may be authorized 13 by the department of human services to convert to operation 14 as a residential program under the provisions of a medical 15 assistance home and community-based services waiver for persons 16 with an intellectual disabilities disability . A converted 17 residential program operating under this paragraph is subject 18 to the conditions stated in paragraph “a” except that the 19 program shall not serve more than five individuals. 20 Sec. 24. Section 144D.3, subsection 4, as enacted by 2012 21 Iowa Acts, House File 2165, section 4, is amended to read as 22 follows: 23 4. In the absence of actual notice of the revocation 24 of a POST form, a health care provider, hospital, health 25 care facility, or any other person who complies with a POST 26 form shall not be subject to civil or criminal liability or 27 professional disciplinary action for actions taken under 28 this chapter which are in accordance with reasonable medical 29 standards. A health care provider, hospital, health care 30 facility, or other person against whom criminal or civil 31 liability or professional disciplinary action is asserted 32 because of conduct in compliance with this chapter may 33 interpose the restriction on liability in this paragraph 34 subsection as an absolute defense. 35 -12- LSB 6014HC (10) 84 tm/jp 12/ 23

H.F. _____ Sec. 25. Section 152B.2, subsection 1, paragraph a, 1 subparagraph (2), Code 2011, as amended by 2012 Iowa Acts, 2 Senate File 2248, section 2, if enacted, is amended to read as 3 follows: 4 (2) Direct and indirect respiratory care services including 5 but not limited to the administration of pharmacological and 6 diagnostic and therapeutic agents related to respiratory 7 care procedures necessary to implement a treatment, disease 8 prevention, pulmonary rehabilitative, or diagnostic regimen 9 prescribed by a licensed physician , or surgeon , or a qualified 10 health care professional prescriber. 11 Sec. 26. Section 152B.3, subsection 1, unnumbered paragraph 12 1, Code 2011, as amended by 2012 Iowa Acts, Senate File 2248, 13 section 5, if enacted, is amended to read as follows: 14 The performance of respiratory care shall be in accordance 15 with the prescription of a licensed physician , or surgeon , or 16 a qualified health care professional prescriber and includes 17 but is not limited to the diagnostic and therapeutic use of the 18 following: 19 Sec. 27. Section 152B.3, subsection 2, Code 2011, as amended 20 by 2012 Iowa Acts, Senate File 2248, section 6, if enacted, is 21 amended to read as follows: 22 2. A respiratory care practitioner may transcribe and 23 implement a written or verbal order from a licensed physician , 24 or surgeon , or a qualified health care professional prescriber 25 pertaining to the practice of respiratory care. 26 Sec. 28. Section 152B.4, Code 2011, as amended by 2012 Iowa 27 Acts, Senate File 2248, section 7, if enacted, is amended to 28 read as follows: 29 152B.4 Location of respiratory care. 30 The practice of respiratory care may be performed in a 31 hospital as defined in section 135B.1, subsection 3 , and other 32 settings where respiratory care is to be provided in accordance 33 with a prescription of a licensed physician , or surgeon , or a 34 qualified health care professional prescriber. Respiratory 35 -13- LSB 6014HC (10) 84 tm/jp 13/ 23

H.F. _____ care may be provided during transportation of a patient and 1 under circumstances where an emergency necessitates respiratory 2 care. 3 Sec. 29. Section 249A.12, subsection 5, paragraph a, 4 unnumbered paragraph 1, Code 2011, as amended by 2012 Iowa 5 Acts, Senate File 2247, section 101, is amended to read as 6 follows: 7 The mental health and disability services commission shall 8 recommend to the department the actions necessary to assist in 9 the transition of individuals being served in an intermediate 10 care facility for persons with an intellectual disability, 11 who are appropriate for the transition, to services funded 12 under a medical assistance home and community-based services 13 waiver for persons with an intellectual disability in a 14 manner which maximizes the use of existing public and private 15 facilities. The actions may include but are not limited to 16 submitting any of the following or a combination of any of the 17 following as a request for a revision of the medical assistance 18 home and community-based services waiver for persons with an 19 intellectual disabilities disability : 20 Sec. 30. Section 273.2, subsection 3, Code Supplement 2011, 21 as amended by 2012 Iowa Acts, Senate File 2203, section 38, if 22 enacted, is amended to read as follows: 23 3. The area education agency board shall furnish 24 educational services and programs as provided in sections 25 section 273.1, this section, sections 273.3 to 273.9, and 26 chapter 256B to the pupils enrolled in public or nonpublic 27 schools located within its boundaries which are on the list of 28 accredited schools pursuant to section 256.11 . The programs 29 and services provided shall be at least commensurate with 30 programs and services existing on July 1, 1974. The programs 31 and services provided to pupils enrolled in nonpublic schools 32 shall be comparable to programs and services provided to pupils 33 enrolled in public schools within constitutional guidelines. 34 Sec. 31. Section 321.188, subsection 6, paragraph c, if 35 -14- LSB 6014HC (10) 84 tm/jp 14/ 23

H.F. _____ enacted by 2012 Iowa Acts, House File 2403, section 1, is 1 amended to read as follows: 2 c. An applicant who obtains a skills test waiver under this 3 subsection shall take and successfully pass the knowledge test 4 required pursuant to subsection 2 1 . 5 Sec. 32. Section 321.457, subsection 2, paragraph n, 6 subparagraph (4), if enacted by 2012 Iowa Acts, House File 7 2428, section 1, is amended to read as follows: 8 (4) For purposes of this paragraph “n” , “full trailer” means 9 as defined in 49 C.F.R. § 390 390.5 . 10 Sec. 33. Section 322.5, subsection 6, paragraph b, 11 subparagraph (2), if enacted by 2012 Iowa Acts, Senate File 12 2249, section 4, is amended to read as follows: 13 (2) The state in which the person is licensed as a motor 14 vehicle dealer allows a motor vehicle dealer licensed in Iowa 15 to be issued a permit substantially similar to the temporary 16 permit authorized under this section subsection . 17 Sec. 34. Section 508.37, subsection 5, paragraph c, Code 18 2011, as amended by 2012 Iowa Acts, Senate File 2203, section 19 105, if enacted, is amended to read as follows: 20 c. The adjusted premiums for a policy providing term 21 insurance benefits by rider or supplemental policy provision 22 shall be equal to (1) the adjusted premiums for an otherwise 23 similar policy issued at the same age without such term 24 insurance benefits, increased during the period for which 25 premiums for such term insurance benefits are payable, 26 by (2) the adjusted premiums for such term insurance, the 27 foregoing items (1) and (2) being calculated separately and 28 as specified in paragraphs “a” and “b” of this subsection 29 except that, for the purposes of of paragraph “a” , subparagraph 30 (1), subparagraph divisions (b), (c), and (d), the amount of 31 insurance or equivalent uniform amount of insurance used in 32 the calculation of the adjusted premiums referred to in item 33 (2) in this paragraph shall be equal to the excess of the 34 corresponding amount determined for the entire policy over the 35 -15- LSB 6014HC (10) 84 tm/jp 15/ 23

H.F. _____ amount used in the calculation of the adjusted premiums in item 1 (1) in this paragraph. 2 Sec. 35. Section 515I.1, subsection 2, if enacted by 2012 3 Iowa Acts, House File 2145, section 1, is amended to read as 4 follows: 5 2. This division chapter shall be liberally construed to 6 promote these purposes. 7 Sec. 36. Section 536A.10, Code 2011, as amended by 2012 Iowa 8 Acts, Senate File 2203, section 139, if enacted, is amended to 9 read as follows: 10 536A.10 Issuance of license. 11 1. If The superintendent shall approve the application and 12 issue to the applicant a license to engage in the industrial 13 loan business in accordance with the provisions of this 14 chapter , if the superintendent shall find: 15 a. That the financial responsibility, experience, character 16 and general fitness of the applicant and of the officers 17 thereof are such as to command the confidence of the community, 18 and to warrant the belief that the business will be operated 19 honestly, fairly and efficiently within the purpose of this 20 chapter ; 21 b. That a reasonable necessity exists for a new industrial 22 loan company in the community to be served; 23 c. That the applicant has available for the operation of the 24 business at the specified location paid-in capital and surplus 25 as required by section 536A.8 ; and 26 d. That the applicant is a corporation organized for 27 pecuniary profit under the laws of the state of Iowa. 28 2. The superintendent shall approve the application and 29 issue to the applicant a license to engage in the industrial 30 loan business in accordance with the provisions of this 31 chapter . The superintendent shall approve or deny an 32 application for a license within one hundred twenty days from 33 the date of the filing of such application. 34 Sec. 37. Section 602.9202, subsection 4, Code 2011, as 35 -16- LSB 6014HC (10) 84 tm/jp 16/ 23

H.F. _____ amended by 2012 Iowa Acts, Senate File 2285, section 106, is 1 amended to read as follows: 2 4. “Senior judge retirement age” means seventy-eight years 3 of age or, if the senior judge is reappointed as a senior judge 4 for an additional one-year term upon attaining seventy-eight 5 years of age , and then to a succeeding one-year term, pursuant 6 to section 602.9203 , eighty years of age. 7 Sec. 38. EFFECTIVE DATE. The section of this division of 8 this Act amending section 9B.2, subsection 10, paragraph a, 9 takes effect January 1, 2013. 10 Sec. 39. EFFECTIVE UPON ENACTMENT. The section of this 11 division of this Act amending section 105.2, subsection 12 8, being deemed of immediate importance, takes effect upon 13 enactment. 14 Sec. 40. RETROACTIVE APPLICABILITY. The section of this 15 division of this Act amending section 105.2, subsection 8, 16 applies retroactively to the effective date of 2012 Iowa Acts, 17 House File 2285. 18 Sec. 41. EFFECTIVE UPON ENACTMENT. The section of this 19 division of this Act amending section 322.5, subsection 6, 20 paragraph “b”, subparagraph (2), being deemed of immediate 21 importance, takes effect upon enactment. 22 Sec. 42. RETROACTIVE APPLICABILITY. The section of this 23 division of this Act amending section 322.5, subsection 6, 24 paragraph “b”, subparagraph (2), applies retroactively to the 25 effective date of 2012 Iowa Acts, Senate File 2249. 26 Sec. 43. EFFECTIVE UPON ENACTMENT. The section of this 27 division of this Act amending section 515I.1, subsection 28 2, being deemed of immediate importance, takes effect upon 29 enactment. 30 Sec. 44. RETROACTIVE APPLICABILITY. The section of this 31 division of this Act amending section 515I.1, subsection 2, 32 applies retroactively to the effective date of 2012 Iowa Acts, 33 House File 2145. 34 EXPLANATION 35 -17- LSB 6014HC (10) 84 tm/jp 17/ 23

H.F. _____ This bill relates to state and local finances by making and 1 adjusting appropriations, providing for legal responsibilities, 2 and providing for properly related matters. The bill is 3 organized by divisions. 4 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 5 limits the standing unlimited appropriation to the general 6 assembly and legislative agencies for FY 2012-2013. 7 In 2011 Iowa Acts, chapter 131, a list of standing 8 appropriations was limited for the fiscal year 2012-2013. 9 The bill increases the amount appropriated from the state 10 general fund for the following purposes: casino wagering tax 11 proceeds allocated for the department of cultural affairs for 12 operational support grants and community cultural grants and 13 for regional tourism marketing; the center of congenital and 14 inherited disorders central registry; primary and secondary 15 child abuse prevention programs; programs for at-risk children; 16 and the enforcement of Code chapter 453D relating to tobacco 17 product manufacturers. The bill adds a limitation to the 18 standing appropriation for the Iowa resources enhancement and 19 protection fund. 20 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. All of 21 the moneys in excess of the maximum balance in the economic 22 emergency fund after the distribution of the surplus in the 23 general fund of the state at the conclusion of fiscal year 24 2011-2012 are required to be transferred to the taxpayers trust 25 fund created in section 8.57E. The provision in Code section 26 8.55 limiting the amount of that transfer to not more than $60 27 million is made inapplicable. The provision takes effect upon 28 enactment. 29 Current Code provisions prohibit the legislative council 30 from assigning for use areas of the state capitol building used 31 by the judicial branch as of July 1, 2003. The bill eliminates 32 the prohibition. The bill also eliminates a requirement that 33 a portion of the state capitol building be reserved for the 34 operations of the judicial branch. 35 -18- LSB 6014HC (10) 84 tm/jp 18/ 23